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Agenda 02/24/2009 Item #10A Agenda Item No.1 OA February 24, 2009 Page 1 of 462 EXECUTIVE SUMMARY Recommendation to deny the Alternative Impact Fee Appeal submitted by Tamiami Square of Naples, LLC (Developer) and authorize the Chainoan to execute a notice to the Developer for the collection of the Collier County Water-Sewer District (CCWSD) Alternative Impact Fee calculation of $120,904 for Building 300. OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District (Board), deny the Appeal submitted by Tamiami Square of Naples, LLC and authorize the Chainnan to execute a notice to the Developer for the collection of the Collier County Water- Sewer District (CCWSD) Alternative Impact Fee calculation 0[$120,904 for Building 300. CONSIDERATIONS: On December 27, 2007, the Developer's representative initiated a discussion with staff concerning potential changes to the water, wastewater, and irrigation demand. In preparation for the meeting, staff uncovered an underpayment of prior water and wastewater impact fees associated with property located at 14700 Tamiami Trail North. The Developer's representative was contacted and ultimately advised that $288,623.50 was due and payable to CCWSD. The Developer's representative disputed the calculation, and infonned staff of its intent to pursue an alternative impact fee calculation process. In March 2008, the Developer made a payment to the CCWSD in the amount of $43,444 for unpaid water and wastewater impact fees. An additional amount of $15,939 was collected on permit number 2007091 1176 for water and wastewater impact fees. In total, an amount of $59,383 has been collected and applied to the original balance of $288,623.50. The outstanding halance for the development now stands at $229,240.50. On May 13, 2008, Agenda Item I 6C3, the Board approved the Agreement Regarding Alternative Impact Fee Calculation (Agreement) that allowed the Developer to proceed with an Alternative Impact Fee Calculation Process with the CCWSD. On August 1, 2008, the County Attorney's Office received the Developer's Alternative Impact Fee Calculation proposal for review. On August 29, 2008, Staff notified the Developer's representative that their submission was deemed "complete," but rejected due to use of a calculation method inconsistent with the methodology established within the Consolidated Impact Fee Ordinance (Ordinance) and inconsistent with the discussions held in the pre-application meeting with staff. On October 2, 2008, the County Attorney's Office received an Appeal from the Developer's representative requesting that the Board approve the Alternative Impact Fee Calculation proposal submitted on August 1, 2008. No facts or figures related to the Developer's representative calculations or conclusions were changed from the submission that was rejected on August 29, 2008. As supported by a letter from the current CCWSD rate consultant, dated August 26, 2008, by Mr. Robert 1. Ori, President of Public Resources Management Group, Inc., the Developer's submission is based on a static and inflexible criterion that did not account for the variance of business types and their associated flows. The Developer's representative submission and appeal must be denied because the proposed methodology is not consistent with the Ordinance as it does not provide an accurate reflection of water/wastewater use. In the months of October and November 2008, Staff met with the Developer's representatives on multiple occasions. On November 4, 2008, Staff proposed an alternative calculation of $120,904 (54.9 Equivalent Residential Connections [ERCs] for water impact fees and 32.0 ERCs for wastewater impact fees) for immediate resolution of the outstanding balance for Building 300. Staff used a combination of historical data Agenda Item NO.1 OA February 24, 2009 Page 2 of 462 and the Developer's representative submitted information as the basis for the proposed dollar amount. It is Staff's position that this historical data is the methodology that should be relied upon during the alternative impact fee calculation as it is fully consistent and sufficient with the Ordinance, Section 74-303 (d) 2 (g). Building 100 $ 11,770.00 Building 200 $ 20,597.50 Building 300 $ 196,873.00 Total $ 229,240.50 CCWSD Alternative ) $ ]20,904.00 J. During Alternative Impact Fee discussions in October, the Developer requested that Building ]00 and 200 be excJudedfrom the calculation because there are no existing tenants. This figure reflects historical data and submitted itiformationfrom the Developer for Building 300. The collection a/water and waste-water impactleeslor Buildings 100 and 200 will occur at a later date. ".'ry~",,, "~,.. " '\ I' ~ c;1U ~;':l':"< l '-' .iI; l'i , ~ . ',,' \:.' . Staff believed that a tentative agreement was reached during the meeting on November 4, 2008 and prepared to move forward with the calculation. Subsequent communication from the Developer's representatives altered the agreement and terminated the process. Staff placed this item on the January 13, 2009 agenda for Board direction. On January 9, 2009 the Developer's representative requested a continuance to the January 27, 2009 Board meeting and requested another opportunity to meet with Staff for a resolution. On January 13,2009 Staff met briefly with the Developer's representative to discuss terms of the Alternative Impact Fee Calculation. Staff believed that a tentative agreement was reached at that time. On January ]4,2009, an e-mail was sent to the Developer's representative with an outline of the terms for the Alternative Impact Fee Calculation provided by Staff. On January 21,2009 the Developer's representative altered the terms and conditions that were established within the January 14th e-mail. As a result, agreement was not reached. On Janwuy 23, 2009, Staff engaged the Developer's representative via phone conference to discuss the terms for the Alternative Impact Fee Calcu]ation provided by Staff. The Developer's representative, once again, refused to accept the conditions, terms and amount of this calculation. On Janwuy 23, 2009, the Developer's representative requested another continuance until February 24, 2009. Staff has made it clear to the Developer's Representative that this Alternative Impact Fee process is not a negotiation, but rather, a calculation that must be supported by a sound methodology that provides consistency with our Ordinance. The Developer's representatives have failed to provide a supportable calculation for their development. LEGAL CONSIDERATIONS: On or before 30 days after the hearing on the Alternative Impact Fee the County is required to provide written notice to the Developer of the amount of any impact fees owed based on the outcome of the alternative impact fee process. See Paragraph 22 of the attached Agreement. The notice made part of this item has been approved for form and legal sufficiency. The Developer has 30 days from the date of the notice to pay all such impact fees in full or to enter into a binding agreement with the County to make installment payments to include the statutory interest rate which shall commence upon the Board meeting date. Typical payment plans require equal monthly payments throughout the term of the payment plan. The statutory interest rate is presently 8.0% per annum or .0002192 per day. Paragraph 22 allows the County Manager to enter into such binding agreement for a payment plan Agenda Item No. 10A February 24, 2009 Page 3 of 462 This item is quasi-j udicial and as such requires ex parte disclosure to be made. This item requires a majority vote, - JBW FISCAL IMP ACT: Denial of the appeal will initiate the collection process outlined in Paragraph 22 of the Agreement and allow the CCWSD to pursue the outstanding balance of $120,904, GROWTH MANAGEMENT IMPACT: There is no associated Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, deny the Appeal submitted by Tamiami Square of Naples, LLC and authorize the Chairman to execute a notice to the Developer for the collection of the Collier County Water- Sewer District Alternative Impact Fee calculation of$] 20,904 for Building 300. PREPARED BY: Jennifer B. White, Assistant County Attorney / Thomas G. Wides, Operations Support Director, Public Utilities Division Page I of 1 Agenda Item No. 10A February 24,2009 Page 4 of 462 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 10A This item was continued from the January 13, 2009 Bee Meeting and the February 10, 2008 Bee Meeting and was further continued to the February 24, 2009 Bee Meeting. This item requires that all participants be sworn In and ex parte disclosure be provided by Commission members. Recommendation to deny the Alternative Impact Fee Appeal submitted by Tamiami Square of Naples, LLC (Developer) and authorize the Chairman to execute a notice to the Developer for the collection of the Collier County Water~Sewer District (CCWSD) Alternative Impact Fee calculation of $120.904 for Building 300 (Tom Wides, Director Fiscal Operations, PublIc Utilities) Meeting Date: 2/24/200990000 AM Prepared By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 12/15/20082:16:35 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 1129/20091 :40 PM Approved By Jennifer A. Belpedio Assistant County Attorney Date County Attorney County Attorney Office 1129/20092:34 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 1129/20093:46 PM Approved By James W. DeLany Public Utilities Administrator Date Public Utilities Public Utilities Administration 2/21200912:42 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 2/31200910:32 AM Approved By Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 2/31200911 :41 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 2/11/20095:45 PM Commissioners fi le:1 IC:\Agenda Test\Export\ 124-February%2024, %202009\ 10. %20COUNTY%20MANAG.,. 2/18/2009 Agenda Item No. 10A February 24,2009 Page 5 of 462 AGREEMENT REGARDING AL TERNA TIVE IMP ACT FEE CALCULATION This Agreement is made and entered into on MaYll, 2008 into by and between Tamiami Square of Naples, LLC, a Florida limited liability company ("Developer"), and the Collier County Board of County Commissioners ("BCC") acting as the governing body of the Collier Coonty Water-Sewer District ("CCWSD"). WHEREAS, CCWSD has calculated $288,623.50 in water and sewer Impact fees based on the square footage and/or use of existing commercial development located on real property identified by the following Collier County tax identIfication numbers: (i) 00143080000; (ii) 76422000065; and (Hi) 76422000049 ("Property"); and WHEREAS. Developer disputes the $288.623.50 calculation. Notwithstanding, Developer has paid $43,444.00 for water and sewer nnpact fees for the Property, subject to and conditioned upon Developer reserving all of Its nghts under the Consolidated Impact Fee Ordinance and all other applicable laws, ordinances, etc.; and WHEREAS, CCWSD and Developer desire to participate in an alternative impact fee process regarding the amount of water and sewer impact fees ("Impact Fees") due and owing for the Property and hereby agree to withhold the filing or initiation of any claim, action or lawsuit during the pendency of the alternative impact fee process; and WHEREAS, CCWSD has released all current Public Utilities Division holds or any other holds related to Impact Fees on building penmts and related certificates of occupancy pending on the Property as of the effective date of this Agreement as a condition of payment in the amount of$43,444,00 made by the Developer on April 3, 2007. NOW, THEREFORE, In consideration of the foregoing premises and the following promises, the parties agree as follows: I. The foregoing recitals are true and correct and are hereby incorporated herein by reference. 2. Developer has tendered a check in the amount of $43,444.00 for Impact Fees and $2,500.00 for: (i) staff to review its alternative impact fee calculation; and (ii) payment of all of Developer's fees and costs due and owing the County for the alternative impact fee process. 3. CCWSD agrees not to withhold issuance of certificates of occupancy, issue stop work orders or take any other adverse action on all issued or pending building permits for the Property based on or related to the $288,623.50 in disputed Impact Fees. 4. No later than May 13, 2008, Developer shall arrange and attend a pre-application meeting with the County Manager to discuss the requirements, procedures and methodology of the alternative fee calculation. The pre-application meeting will normally cover the following topics: (I) proposed previous studies; (2) credits; (3) proposed study sites; (4) study data clements; (5) proposed data collection methodology; and (6) report format. 5. Subsequent to the pre.application meeting, Developer shall submit three (3) copies of the proposed approach to the alternate fee calculation to the County Manager. The County Manager shall have 30 County working days to respond in writing to the proposed approach. If the County Manager concurs with the proposed approach. Developer will be notified to proceed with the alternative fee calculation, If the County Manager disagrees with the proposed approach, the County Manager shall identify the problem areas for Developer to incorporate and address in Its re-submittal to the County. Developer shall be required to receIve approval from the County Manager prior to proceeding with the Agenda Item NO.1 OA February 24, 2009 Page 6 of 462 alternative fee calculation. If the County Manager has not approved Developer's proposed approach after one re-submittal, Developer may request a decision from the County Manager whereupon the County Manager shall either approve, approve with conditions, or deny the proposed approach. 6. The alternative fee calculation shall be undertaken through the submission of an impact analysis for the water and sewer facilities at issue, which shall be based on data, information, methodology and assumptions contained in Chapter 74, of the Collier County Code of Ordinances and/or the impact fee studies incorporated herein, or an independent source, including local studies for alternative impact fee calculations performed by others within the immediately preceding three (3) years, if applicable or available, provided that the independent source is a local study supported by a data hase adequate for the conclusions contained in such study performed pursuant to a methodology generally accepted by professionals in the field of expertise for the water and sewer facilities at issue and based upon standard sources of information relating to facihties planning, cost analysis and demographics and generally accepted by professionals in the field of expertise for the pubhc facilities at issue. 7. The alternative fee calculation shall be submitted by the Developer for the Property and shall be prepared and certified as accurate by persons accepted by the County as qualified professionals in the field of expertise for the public facilities at issue, and shall be submitted to the County Manager. 8. Within thirty (30) County working days of receipt of an alternative fee calculation. the County Manager shall determine if it is complete. If the County Manager determines the application is not complete, he shall send a written statement specifying the deficiencies to the person submittmg the application at the address set forth in the application. The County Manager will not be required to take any further action on the alternative fce calculation until all specified deficiencies have been corrected. 9. After the County Manager determines that the alternative fee calculation is complete, he shall notify Developer of its completion within ten (10) days, and he shall, within thirty (30) County working days, complete a review of the data, analysis, and cooclusions asserted in the alternative fee calculation. If this revIew is not completed within these time frames, and if requested by Developer, the item will be scheduled for the next available BCC meeting. 10. If the County Manager determines that in the alternative fee calculation the County's cost to accommodate the existing commercial square footage and use on the Property is statistically significantly different than the impact fee estabhshed pun;uant to Section 74-201 and the applicable Sections 74-302 through 74-309, of the Collier County Code of Ordinances, the amount of the impact fee invoiced Developer shall be reduced to a dollar amount consistent with the amount determined by the alternative fee calculation, subject to the BCC's approval. II. In the event Developer disagrees with a decision of the County Manager that effectively results in a denial of the alternative fee calculation, Developer may file a written appeal petition with the BCC not later than thirty (30) days after receipt of notice of such a decision by the County Manager. In reviewing the decision, the BCC shall use the standards established or to be established hereunder. The appeal petition must advise the BCC of all issues and shall explain the precise basis Developer asserts that the decision(s) ofthe County Manager islare alleged to be incorrect. 12. Developer agrees that future permits sought for the Property seeking a net increase in size or use and creating additional demand or impact on water or sewer public facilities will not be issued unless Impact Fees due for the particular umt(s) (based solely on such size or use increase creating additional demand or impact on water or sewer public facilities) are paid in full. CCWSD agrees that it will not withhold issuance of permits or certificates of occupancy, issue stop work orders, or take any adverse action relating to: (i) future permits sought for particular unit(s) within the Property that do not result in a net increase in size or use and do not create additional demand or impact on water and sewer pubhc Agenda Item NO.1 OA February 24, 2009 Page 7 of 462 facilities; and (ii) permits for particular unites) within the Property where additional Impact Fees are due (given a net increase in size or use and creating additional demand or impact on public facilities) and paid in full, 13. Should an alternative impact fee be approved by the Bee, Developer agrees to provide the eeWSD with sewer flow rates' on a monthly basis until two (2) years after the approval of the alternative impact fee. 14. At the end of each six month period within the two (2) year cycle CCWSD will analyze the water and/or sewer flows for sewer during those six month periods. CCWSD hereby acknowledges that dunng the two (2) year cycle the Developer will continue to lease and develop the Property and that water and sewer flows for the Property will likely increase. In the event that actual water and/or sewer flows for the Property in two consecutive months exceed the sum of water and/or sewer flows used in the alternative impact fee calculation and water and/or sewer flows accounted for in the issuance of future building permits, CCWSD can properly claim additional water and sewer Impact Fees are due and owed. CCWSD will recover additional water and sewer Impact Fees at the then in effect Impact Fee rate. During. the two (2) year cycle, and after Its expiration, all additional future water and sewer Impact Fees not yet accounted for or related to the $288,623.50 in disputed impact fees will be paid at the time of the future building permit issuance. 15. For the pendency of the alternative impact fee process, the parties agree that all applicable statute of limitations as to any and all claims of the County or Developer shall be tolled and suspended. 16. Developer hereby waives any defense by way of any statute of limitations which would otherwise arise during the pendency ofthe alternative Impact fee process. 17. This waiver shall not be construed as a waiver of any statute of limitations defense that has become estabhshed as of the effective date of this Agreement, or which would arise after the pendency of the alternative impact fee process; it only excludes the period during which this Agreement has operated to toll any applicable statute of limitations. 18. It is understood that by entering into this Agreement, neither party is waiving any claims, nghts or defenses that may have accrued up to the effective date of this Agreement. 19. This Agreement shall not be offered in evidence in any action or proceeding except with respect to any action or proceeding related to this Agreement, or to enforce the terms of the Agreement, or prove that the statute oflimitations was tolled for the penod of time during which this Agreement was in effect. 20. The pendency of the alternative impact fee process will be deemed to have commenced upon approval of this Agreement by the BCC and full execution of the same by the parties hereto and shall be deemed to have expired upon a final detennination by the BCC on Developer's alternative impact fee calculation. 21. During the pendency of the alternative impact fee process, the $288,623.50 in Impact Fees invoiced Developer shall not be deemed delinquent under Section 74-501, of the Colher County Code of Ordinances or otherwise and no delinquency fee, interest, or other fees shall be due and owing the County with respect to said Impact Fees or any portion thereof which may be due and owing the County for the Property. 22. On or before thirty (30) days after the end of the alternative impact fee process and only in the event additional Impact Fees are due and owing the County, the County shall provide written notice to I CCWSD will monitor the monthly water flows. Agenda Item No. 10A February 24,2009 Page 8 of 462 Developer of the amount of any Impact Fees due based on the outcome of the alternative impact fee process. Developer shall have thirty (30) days from the date of said notice by the County to pay all such Impact Fees in full or enter into a binding agreement with the County to make installment payments for said Impact Fees to include the statutory interest rate which shall only commence to accrue from and after the date a final determination is made by the BCe on Developer's alternative impact fee calculalion. The County Manager is hereby authorized to enter into an agreement with Developer for installment payments with a reasonable repayment period not to exceed three (3) years. If Developer fails to either pay in full all such Impact Fees and any statutory interest due and payable thereon on or before the expiration of said thirty (30) day penod or enter into a binding agreement with the County regarding installment payments. the County may only thereafter deem any such Impact Fees due and owing the County for the Property delinquent under Section 74-501, of the Collier County Code of Ordinances and proceed with its collection rights and remedies under Section 74.501, of the Collier County Code of Ordinances. Notwithstanding anything contained in this Agreement to the contrary, It is expressly understood and agreed to by the parties hereto that Developer does not hereby waive or limit in any way any existing or future claims, rights, positions or defenses that Developer may have to seek a refund for overpayment of impact fees pursuant to Section 74-202 or to legally challenge: (i) the alternative impact fee process. (ii) the final determination made by the BCC on Developer's alternative impact fee calculation, (iii) the Impact Fee calculation, andlor (iv) any future impact fee calculation for the Property. DEVELOPER ~ESSES: ....;-., ~~O'#'.--/ PrintName: Br'''1Lt:.. //.9"-- ...... "r Tamiami Square of Naples, LLC, a Florida limited liability company By: Crifasi Enterprises, Inc., a Fl as Manager . A TrEST: DWIGHT E. BROCK, CLERK ,. \..;'~~,,-,{' :~ JiG! ~.. ().J.u{{:?,~tru.. P 'L . :,:.MiiIIt."to~~ , ~. ~~'~~~~I and legal - ~llfficien~y:" . , ~'; ~' ; \ . By: ~I ~Cl ~I : 0-, Ienmfer A. Be edio Assistant County Attorney (.-~b!il.k..:.~~: i,'~' ~_:~',~l:;:~':?: , .~, ~'t' f"-.?i:";:'l ' ,:.,:.~r;:..:' :::;::~~~:~;1~~~, . ,I.' ,:,.',' . "f..I"~i~}'IL~r;";;a,,~~~: f,'<\.:):':/:';;/,~~<\,<'~.':: -,,' !~I~J'~#r~~:.\' ,','I, '~."'_... '",..',., :l.I:fl~"..~. ".~,,..\,,~, ~", ' ",:'::;'1jf.~I4S"'1l,j,. ~ . . "'\""~l "'~' ~;.J;'!1'""".. ",,'M""" ','.' :"'-)~.,i:'~1~~l+\'" . ::'~' , ,J;.~~?<-0" ,~~&.S:;,i!~~~:~~':~~:,,_,'\:;i,~~;~~,,;:'J" ':~:/j~~~:i!\;:rlj'."", i" ';~,i~;~.,:t,:::~ ~4'11'~~';;" . 850 PARK SHORE oim1Qe 9 of 462 TRIANON CENTRE - THIRD FLOOR NAPLES, FL 34103 239.649.2712 DIRECT 239.649.6200 MAIN 239.261.3659 FAX dalewis@ralaw.com I_&)ANDRESS II A LEGAL PROFESSIONAL ASSOCIATION August 1,2008 .... - () ,',:,) 520 ~''Il'' '""" ~,.., c.= Z'T1 w') :;:'0 I N - ITI ~O ". :l: 8" w :JJ:I ZITI '.D iJ? VIA HAND DELIVERY Jennifer 1. Belpedio, Esq. Assistant County Attorney Collier County Atlorney Office 3301 E. Tamiami Trail, 8th Floor Naples, FL 34112 Re: Agreement Regarding Alternative Impact Fee Calculation dated May 13, 2008 between Tamiami Square of Naples, LLC and Collier County Board of County Commissioners (the "Agreement") - Alternative Fee Calculation Study/Report dated July 23, 2008 and prepared by GAl Consultants, Inc. (the "Study") Dear Jennifer: Pursuant to the terms of the Agreement and Appendix H, Alternative Fee Calculation Methodology Water and Sewer Impact Fee from the Collier County Consolidated Impact Fee Administrative Procedures Manual, enclosed please find five (5) originals of the above- referenced Alternative Fee Calculation Study/Report for review by the County Manager, Collier County Public Utilities Department Administrator and Impact Fee Coordinator. The enclosed Study has been certified by Gerald C. Hartman with GAl Consultants, Inc., a professional engineer registered with the State of Florida, and the Study complies with the proposed approach and methodology that we discussed and agreed to use at the May 13, 2008 Alternative Impact Fee Study pre-application meeting. Based on the data, information, assumptions and methodology included in the Study and discussed at the pre-application meeting, the proposed alternative water and sewer impact fee calculations are as follows: 1. Water (potable service) impact fees - unit count. 4.7 additional ERCs at $3,575 per ERC for a total of $16,803 in additional impact fees and a total of32 potable water ERCs. 2. Wastewater impact fees - unit count. 4.7 additional ERCs at $3,495 per ERC for a total of $16,427 in additional impact fees paid to the County and a total wastewater impact fee count of32 ERCs. Additionally, and in follow-up to the County letter dated March 31, 2008 (see Attachment H to the Study) and our pre-application meeting, our client proposes to install the requested two (2) inch irrigation meter and separate the potable water system from the water CI.I--Vl-lAl"o'U TOLEDO AKRON COLUMHUS CiNCI."INA11 WASHINGTON, D.C. TAILAHA.,.;!j~'E ORlANDO FoRT MYERS NAPLES RJRT LAUDERDALE www.ralaw.com Agenda Item No. 10A February 24, 2009 Page 10 of 462 Jennifer L. Belpedio, Esq. August 1,2008 Page 2 used to irrigate the property and re-hydrate the wetlands located along the eastern boundary of the property. A meter tapping fee of $1,140.00 plus impact fees for irrigation totaling of $22,060.59 would be paid by our client based on an ERC value of 6.1. As such and subject to approval of the Study, the total additional amount to be paid to the County by my client would be $56,430.59. Should the Study be approved, our client requests that the two (2) year monitoring period pursuant to Paragraphs 13 and 14 of the Agreement not commence until our client has sufficient time to separate the potable water lines from the lines used to irrigate and re-hydrate the wetlands and only upon written notification to the County from our client that such work has been completed and that the potable water and wastewater systems are functioning correctly. Pursuant to Paragraph 22 of the Agreement and the County letter dated March 31, 2008, our client proposes to pay the tapping fee for the two (2) inch irrigation meter and purchase an additional ERC value of 6.1 for irrigation for an amount totaling $22,060.59 on or before thirty (30) days from the date of County approval of the Study and County invoice for the same. With respect to the additional $16,803.00 in potable water impact fees and $16,427.00 in wastewater impact fees, our client is able to pay $1,000.00 per month until such balance is paid-in-full such that the repayment period for such additional impact fees will not exceed three (3) years. We look forward to hearing from you and greatly appreciate your cooperation and assistance in this matter. In the meantime should you have any questions whatsoever, please feel free to contact me. Very truly yours, DAL/ksn Enclosures as Stated ROETZEL & A~S, LPA /~~~---- -- Douglas A. Lewis For the Finn cc: Mr. Jack J. Crifasi, Jr. (w/enclosure) Mr. Gerald C. Hartman (w/o enclosure) 563300.01.111647.0003 Agenda Item No. 10A February 24,2009 . Paqe 11 of 462 . CE: OF fHE: I~ gal consultants c8~~~ ATIORNE'T If ,,"",f"m", ,d,,, ",co ".',ty, m~ ~UG - 2 ~l'I 3: \ 9 July 23, 2008 GAl Proj. # A080376.00 Douglas A. Lewis, Esquire Roetzel & Andress, P.A. 850 Park Shore Drive Trianon Centre - 3fd Floor Naples, FL 34103 Re: Tamiami Square - Collier County Water and Sewer Facilities Proposed Alternative Fee Calculation Methodology Dear Mr. Lewis: In accordance with the "Agreement Regarding Alternative Impact Fee Calculation" (May 2008), Appendix H 'Water and Sewer Facilities Proposed Alternate Fee Calculation Methodology" (June 2001), and the pre-application meeting (May 2008); this letter with its Exhibits and Attachments represents the "Study Report" certified by a Florida Professional Engineer qualified in this area of work for consideration by Collier County Utilities Department Impact Fee Coordinator. Allachment A provides Appendix H. Attachment B presents clearly the 1.) Level of Service (LOS) standards for water at 350 gallons per day annual average daily flow per Equivalent Residential Connection (ERC) and the water peaking factor of 1.2, 2.) the LOS for wastewater at 250 gallons per day annual average daily flow (AADF) per ERG and the wastewater peaking factor of 1.3, the basis of determining the respective impact fee for water or the sewer system as well as other items. Allachment G provides the older County Ordinance Nos. 2007-52, 2007-57 and and latest Resolution 2008-200 and Article VI. for the Water-Sewer District Uniform Billing which establishes 1.) the level of the impact fees at $3,575 per ERG for water and $3,495 per ERC for wastewater, 2) that the subject property is a non-residential use, and 3.) that a unit within the subject property is at one ERG each. Allachment D shows site photos which clearly show that 1.) there is only one lift station on-site such that run time analysis is appropriate and includes all flows, 2.) the major building construction was recently completed by 5/12/08 the date the photographs were taken, 3.) the irrigation system is connected and that landscaping is still underway and irrigation to assure plant/sod survival was practiced, and 4.) the repairs to the water system were compieted. Orlando OffIce 301 E. Pine Street, Suite 1020 Orlando, Florida 32801 T 407.423.8398 F 407.843.1070 www.gaiconsultunts.com - Agenda Item NO.1 OA February 24, 2009 Page 12 of 462 Douglas A. Lewis, Esquire July 23, 2008 Page 2 Attachment E documents the responsiveness of the developer to the County's request for information, Attachment F provides excerpts which document the practice of using units when within the ERC LOS, which Tamiami Square is, as an Alternate Method Impact of Fee Calculation for commercial properties, Attachment G provides excerpts from M1 (Manual of Practice) AWWA again confirming the methodology. Attachment H summarizes key points in the pre-application meeting, The County's rejection of FPSC meter equivalencies. This attachment includes the County's offer which was accepted in May and pending approval of this StudylReport payment will be made for the two (2) two-inch water irriqation meters at 6.1 ERCs (water only) and the tap-in cost (3/31/08 County letter). The Developer has agreed and paid or will be paid by time of C.O. some 27.3 ERCs for both water and wastewater. Attachment H page 2 of 3 and the attachments thereto which drawings show the buildout of the site in the three (3) phases including some 32 units. A unit in Phase 1 was approximately an estimated average of 1,900 ft2, in Phase 2 similarly approximately 1,950 ft2 and Phase 3 approximately 1,200 ft. These sized units are consistent with the PRMG Study of 2006 and the County Ordinance of 2007 for one (1) ERC each. Page 3 of 3 of Attachment H provides that after the separation of the irrigation system from the potable system which the developer has agreed to do, that the agreed audit/two (2) year study between the County and Developer would thereafter for potable (non-irrigation) water and sewage AADF of 11,200 gpd and 8,000 gpd, respectively. The two (2) month average peak would be 13,440 gpd for water and 10,400 gpd for sewage. Using the Unit Count Method (number of units in the structure) for which the unit sizing is consistent with one ERC each results in 32 units and ERCs. The items listed below summarize the Professional Engineer's findings following receipt of comments from those attending the pre-application meeting: 1. Vested Flow Rates for StudY/Audit Cii1 32 ERCs (Potable Onlv) Water and Wastewater a.) Water LOS 350 gpd AADF (i) Annual Average Daily Flow through potable (non irrigation meters) = 32 x 350 gpd AADF or 11,200 gpd (ii) 2 month peak factor (see page 29 Table 1 PRMG 40.00 + 33.33 '" 1.2 Ii gai S~!2~~L~~o~,~;, Agenda Item No. 10A February 24, 2009 Page 13 of 462 Douglas A. Lewis, Esquire July 23, 2008 Page 3 (iii) 2 month audit use on average day of that period limit is 11,200 gpd x 1.2 or 13,440 gpd for test period. b.) Wastewater LOS 250 gpd AADF (i) Annual Average (12 month period) Daily Flow = 32 x 250 '" 8,000 gpd AADF (ii) 2 month peak factor (see page 32 Table 2 PRMG) 40.100 + 30.846 = 1.3 (iii) 2 month audit of use on average day for that period is 8,000 gpd x 1.3 or 10,400 gpd. 2. Proposed Additional Payments a.) Irrigation meters 3/3/1/08 (i) Tapping fee (ii) ERCs irrigation $ 1,140.00 $22,060.59 b.) Water potable service) impact fees - unit count 0) 4.7 ERCs x $3,575 $16,803.00 c.) Wastewater impact fees - unit count (i) 4.7 ERCs x $3,495 $16,427.00 $56.430.59 Total Amount Due (following approval) 3. Consensus of Follow-up (followinQ pre-application meetinQ) a.) Answer questions and requests for information by County. This activity is complete. t.) Submit alternative methodology signed and sealed by engineer. This letter report and attachments satisfies this final item. Typically, Alternative Methodologies, if possible, are documented by the historical record. Table 1 presents the sewage flow records for Tamiami Square for 2007 for the occupied 18 units on average for the year. On an annual average basis the actual flows and the paid units and the occupied units correlate exactly. On a peaking basis the correlation is within 6.1 % (six point one percent) which following the manual of practice for the smaller demand center of Tamiami Square versus the entire Collier County wastewater system is expected and appropriate (size/population peaking factor adjustments pursuant to FDEP, 10-States Standards and WEF MOPs). I conclude and have verified that the unit count method is valid and approximately applied. t; gai consultants tran~formjn9 ideas inlD rC';1lity., Agenda Item No. 10A February 24,2009 Page 14 of 462 Douglas A. Lewis, Esquire July 23, 2008 Page 4 Table 1 is supported by Exhibit A. Table 2 documents the repairs to the integrated irrigation and potable water system in 2007. Site photographs illustrate the new landscaping needs in 2007. Site development records illustrate that major construction of structures occurred in 2007. Since May of 2008, the amount of irrigation and conservation practices in the commercial establishments were emphasized. Although both the irrigation and potable use were integrated at the customer side of the meters (both types of flow through the meters) and therefore irrigation and repairs to that system would skew the historical record; the same documentation analysis was conducted. Table 3 presents the combined water flow through the meters. AWWA guidelines state that where major breaks have occurred that data is not re-occurring and therefore should be excluded from the analysis. Considering the occupancy of 18 units and the County 6.1 ERCs for irrigation a conservative weighted average of 24.1 ERCs is obtained. The skewed data (as a result of sod establishment, construction, minor breaks, irrigation use) results is a comparable 30.8 ERCs AADF. The correlation is within AWWA standards to the 24.1 ERCs. Nonetheless, it is the metered data as shown on Exhibit B supporting Table 3, which confirms the agreed two year audit and true-up. As a Florida Professional Engineer qualified and accepted in Civil Court mediation and FPSC expert testimony for such cases/proceedings and due to my over 30 years experience, training, and practice in Florida on many such impact fee matters (see Attachment I), I do hereby certify and conclude that the Alternative Methodology as the unit count method is appropriate for the Tamiami Square project taken in conjunction with the reasonable assurance from an agreed two (2) year Study/Audit of the use. Very truly yours, GAl Consultants, Inc. GAl Consultants, Inc, 301 E Pine St., Suite 102 Orlando, F L 3 Engineer' r I GCHltevIA080376.00IReportsIR-1 Cvrltr tj gai consultants traflsforminll ideas into real.ty", Table 1 Tamiami Square 2007 Data Run Times. Sewage Flow Actual Use Date Flow Days ADF/Month 1/07 192825 31 6,220 gpd 2/07 164346 + 28 5,870 gpd 3/07 188906 + 31 6,094 gpd 4/07 144349 30 4,812 gpd 5/07 118168 + 31 3,812 gpd 6/07 110295 30 3,677 gpd 7/07 101769 31 3,283 gpd 8/07 93103 31 3,003 gpd 9/07 103676 + 30 3.456 gpd 10107 130074 + 31 4,196 gpd 11/07 139200 30 4,640 gpd 12/07 139833 + 31 4,511 gpd Qmax Mo. = 6,220 gpd + (250 x 1.3) = 19.0 ERGs (1) Q AADF 1,626,544 + 365 + 250 = 18 ERGs o Good correlation of Qmax month@ 19.1 ERGs, Qaadf@ 18 ERGs and occupancy @ 18 units or ERGs as averaged for period. o Note 32 ERGs to be purchased (1) 1.3 peak factor for sewage fior per PRMG 2007 report - impact fees P :\ORL \HCDI Word Proc\2008\AOB03 76. OO\Report\R-1 \ Tables .xlsx --- -- Agenda Item No. 10A February 24,2009 Page 15 of 462 Exhibit A Actual Sewage Flows 2007 Agenda Item NO.1 OA February 24,2009 Page 16 of 462 Agenda Item NO.1 OA February 24,2009 Page 17 of 462 TAMIAMI SQUARE MONTH: January 2007 Flow per Min/Hr DA.TE TIME PUMP #1 HRS.RUN PUMP #2 HRS. RUN MAINTENANCE 31 0.7 0.6 30 0.7 0.6 29 0901 719,7 0.7 173.6 0,6 28 0.5 0.6 27 0.5 0.6 26 0,5 0.6 25 1356 717.7 0.5 171.4 0.6 24 0.6 0.6 23 0.6 0,6 22 0957 715.9 0.6 169.5 0.6 21 0,6 0.6 20 0.6 0,6 19 0,6 0,6 18 1127 713.5 0.6 167.1 0,6 17 0,5 0.4 16 0.5 0.4 15 0938 712.0 0.5 165.9 0.4 14 0,5 0,6 13 0.5 0.6 12 0.5 0.6 11 1021 709.9 0.5 163.5 0.6 10 0.4 0.5 9 0.4 0.5 8 1112 708.7 0.4 162,0 0.5 7 0.6 0,6 6 0,6 0.6 5 0,6 0.6 4 0857 706,2 0.6 159.6 0.6 3 0.5 0.5 2 1214 705.2 0.5 158.6 0.5 1 0.6 0.6 17.2 98865.6 17.4 93959.46 192825.06 total flow for month Agenda Item No. 10A February 24,2009 Page 18 of 462 TAMIAMI SQUARE MONTH: February 2007 Flow per Min/Hr DATE TIME PUMP #1 HRS. RUN PUMP #2 HRS. RUN MAINTENANCE 31 30 29 28 0.6 0.6 27 0.6 0.6 26 0941 734.5 0.6 188.6 0.6 25 0.5 0.5 24 0.5 0.5 23 0.5 0.5 22 1120 732.5 0.5 186.6 0.5 21 05 0.5 20 0.5 0.5 19 0920 731.0 0.5 185.1 0.5 18 0.5 0.6 17 0.5 0.6 16 0.5 0.6 15 0938 729.0 '. 0.5 182.7 0.6 14 0.6 0.5 13 0.6 0.5 12 0938 727.2 0.6 181.2 0.5 11 0.5 0.5 10 0.5 0.5 9 0.5 0.5 8 1135 725.2 0.5 179.2 0.5 7 0.6 0.6 6 0.6 0.6 5 1134 723.4 0.6 177.4 0.6 4 0.4 0.5 3 0.4 0.5 2 0.4 0.5 1 1013 721.8 0.4 175.4 0.5 14.5 83346 total flow for month 1581000 164346 Agenda Item NO.1 OA February 24, 2009 Page 19 of 462 TAMIAMI SQUARE MONTH: MARCH 2007 Flow per Min/Hr DATE TIME PUMP #1 HRS.RUN PUMP #2 HRS.RUN MAINTENANCE 31 0.4 0.5 30 0.4 0.5 29 0309 751.9 0.4 206.0 0.5 28 0.5 0.5 27 0.5 0.5 26 0922 750.4 0.5 204.5 0.5 25 0.6 0.6 24 0.6 0.6 23 0.6 0.6 22 0912 748.0 0.6 202.1 0.6 21 0.5 0.5 20 0,5 0.5 19 1248 746.5 0.5 200.6 0.5 18 0.6 0.6 17 0.6 0.6 16 0.6 0.6 15 0927 744.1 0.6 198.2 0.6 14 0.5 0.5 13 0.5 0.5 12 1043 742.6 0.5 196.7 0.5 11 0.6 0.6 10 0.6 0.6 9 0,6 0.6 8 0945 740.2 0.6 194.3 0.6 7 0.5 0.5 6 0.5 0.5 5 0938 738.7 0.5 192.8 0.5 4 0.6 0.6 3 0.6 0.6 2 0.6 0.6 1 1111 736.3 0.6 190.4 0.6 16.8 96566.4 total flow for month 17.1 92340 188906.4 Agenda Item No. 10A February 24.2009 Page 20 of 462 TAMIAMI SQUARE MONTH: APRIL 2007 Flow per Min/Hr DATE TIME PUMP #1 HRS. RUN PUMP #2 HRS. RUN MAINTENANCE 31 30 0909 765.S 0.2 220.4 0.1 29 0.4 0.4 28 0.4 0.4 27 0.4 0.4 26 0917 764.2 0.4 21S.8 0.4 25 0.3 0.3 24 0.3 0.3 23 1428 763.3 0.3 217.9 0.3 22 0.6 0.6 21 0.6 0.6 20 0.6 0.6 19 1030 760.9 0.6 215.5 0.6 18 0.4 0.5 17 0.4 0.5 16 1127 759.7 0.4 214.0 0.5 15 0.4 0.4 14 0.4 0.4 13 0.4 0.4 12 1021 758.2 0.4 212.4 0.4 11 0.4 0.4 10 0.4 0.4 9 1057 757.0 0.4 211.2 0.4 8 0.5 0.5 7 0.5 0.5 6 0.5 0.5 5 0920 755.0 0.5 209.2 0.5 4 0.5 0.4 3 0.5 0.4 2 1226 753.5 0.5 208.0 0.4 1 0.4 0.5 12.9 74149.2 total fiow for month 13 70200 144349.2 Agenda Item NO.1 OA February 24, 2009 Page 21 of 462 T AMIAMI SQUARE MONTH: MAY 2007 Flow per Min/Hr DATE TIME PUMP #1 HRS. RUN PUMP #2 HRS.RUN MAINTENANCE 31 0936 776.8 0.4 231.7 0.4 30 0.4 0.5 29 1021 776.0 0.4 230.7 0.5 28 0.3 0.3 27 0.3 0.3 26 03 0.3 25 0.3 0.3 24 1224 774.5 0.3 229.2 0.3 23 0.3 0.3 22 0.3 0.3 21 1046 773.6 0.3 228.3 0.3 20 0.4 0.4 19 0.4 0.4 18 0.4 0.4 17 1117 772.0 0.4 226.7 0.4 16 0,3 0.3 15 0.3 0.3 14 1130 771.1 0.3 225.8 0.3 13 0.4 0.4 12 0.4 0.4 11 0.4 0.4 10 1130 769,5 0.4 224.2 0.4 9 0.4 0.3 8 0.4 0.3 7 1110 768.4 0.4 2233 0.3 6 0.3 0.4 5 03 0.4 4 0.3 0.4 3 1025 767.2 0.3 2217 0.4 2 0.3 0.1 1 0.3 0.1 10.5998 60927.6504 total flow for month 10.6 57240 118167.6504 Agenda Item No. 10A February 24, 2009 Page 22 of 462 TAMIAMI SQUARE MONTH: JUNE 2007 Flow per Min/Hr DATE TIME PUMP #1 HRS.RUN PUMP #2 HRS. RUN MAINTENANCE 31 30 0.3 0.4 29 0.3 0.4 28 1249 786.0 0.3 241.0 0.4 27 0.3 0.3 26 0.3 0.3 25 1313 785.1 0.3 240,1 0,3 24 0.3 0.3 23 0.3 0.3 22 0.3 0.3 21 1258 783.9 0.3 238.9 0.3 20 0.4 0.4 19 0.4 0.4 18 1057 782.7 0.4 237.7 0.4 17 0.3 0.3 16 0.3 0.3 15 0.3 0.3 . 14 1357 781.5 0.3 236.5 0.3 13 0.3 0.3 12 0.3 0.3 11 0908 780.6 0.3 235.6 0.3 10 0.4 0.4 9 0.4 0.4 8 0.4 0.4 7 1105 779.0 0.4 233.9 0.4 6 0.2 0.2 5 0,2 0.2 4 1107 778.4 0.2 233.3 0.2 3 0.4 0.4 2 0.4 0.4 1 0.4 0.4 9.7 55755.6 total fiow for month 10.1 54540 110295.6 Agenda Item No. 10A February 24, 2009 Page 23 of 462 TAMIAMI SQUARE MONTH: JULY 2007 Flow per Min/Hr DATE TIME PUMP #1 HRS. RUN PUMP #2 HRS. RUN MAINTENANCE 31 0.3 0.3 30 1116 795.3 0.3 250.6 0.3 29 0.4 0.4 28 0.4 0.4 27 0.4 0.4 26 1331 793.7 0.4 249.0 0.4 25 0.2 0.3 24 1030 793.3 0.2 248.4 0.3 23 0.3 0.2 22 03 0.2 21 0.3 0.2 20 0.3 0.2 19 1133 792.3 0.3 247.4 0.2 18 0.3 0.3 17 0.3 0.3 16 1254 791.4 0.3 246.5 0.3 15 0.3 0.3 14 0.3 0.3 13 0.3 0.3 12 1113 790.2 0.3 245.3 0.3 11 0.3 0.3 10 0.3 0.3 9 1126 789.3 0.3 244.4 0.3 8 0.3 0.3 7 0.3 0.3 6 0.3 0.3 5 1026 788.1 0.3 243.2 0.3 4 0.3 0.2 3 0.3 0.2 2 1154 787.2 0.3 242.6 0.2 1 0.3 0.4 9.25 53169 9 48600 101769 total flow for month Agenda Item No. 10A February 24, 2009 Page 24 of 462 TAMIAMI SQUARE MONTH: AUGUST 2007 Flow per Min/Hr DATE TIME PUMP #1 HRS.RUN PUMP #2 HRS. RUN MAINTENANCE 31 0.3 0.3 30 0929 803.7 0.3 258.9 0.3 29 0.2 0.1 28 0.2 0.1 27 1051 803.1 0.2 258.6 0.1 26 0.3 0.3 25 0.3 0.3 24 0.3 0.3 23 1200 801.9 0.3 257.4 0.3 22 0.2 0.3 21 0.2 0.3 20 1045 801.3 0.2 256.5 0.3 19 0.3 0.3 18 0.3 0.3 17 0.3 0.3 16 1102 800.1 0.3 255.3 0.3 15 0.3 0.4 14 0.3 0.4 13 1414 799.2 0.3 254.1 0.4 12 0.3 0.2 11 0.3 0.2 10 0.3 0.2 9 1150 798.0 0.3 253.3 0.2 8 0.2 0.2 7 0.2 0.2 6 1039 797.4 0.2 252.7 0.2 5 0.3 0.3 4 0.3 0.3 3 0.3 0.3 2 1454 796.2 0.3 251.5 0.3 1 0.3 0.3 8.4 48283.2 total flow for month 8.3 44820 93103.2 Agenda Item NO.1 OA February 24, 2009 Page 25 of 462 TAMIAMI SQUARE MONTH: SEPTEMBER 2007 Flow per Min/Hr DATE TIME PUMP #1 HRS. RUN PUMP #2 HRS. RUN MAINTENANCE 31 30 0.3 0.3 29 0.3 0.3 28 0.3 0.3 27 1028 812.4 0.3 267.6 0.3 26 0.4 0.4 25 0.4 0.4 24 0950 811.2 0.4 266.4 0.4 23 0.3 0.3 22 0.3 0.3 21 0.3 0.3 20 0820 810.0 0.3 265.2 0.3 19 0.3 0.3 18 0.3 0.3 17 1142 809.1 0.3 264.3 03 16 0.3 0.3 15 0.3 0.3 14 0.3 0.3 13 0848 8079 0.3 263.1 0.3 12 0.3 0.3 11 0.3 0.3 10 1309 807.0 0.3 262.2 0.3 9 0.3 0.3 8 0.3 0.3 7 0.3 03 6 1040 805.8 0.3 261.0 0.3 5 0.3 0.3 4 1226+ 805.2 0.3 260.4 0.3 3 0.3 0.3 2 0.3 0.3 1 0.3 0.3 total flow for month 9.3 50220 103676.4 9.3 53456.4 Agenda Item No. 10A February 24, 2009 Page 26 of 462 TAMIAMI SQUARE MONTH: OCTOBER 2007 Flow per Min/Hr DATE TIME PUMP #1 HRS. RUN PUMP #2 HRS. RUN MAINTENANCE 31 0.5 0.5 30 0.5 0.5 29 0832 824.2 0.5 278.5 0.5 28 0.4 0.4 27 0.4 0.4 26 0.4 0.4 25 1244 822.6 0.4 276.9 0.4 24 0.3 0.4 23 0.3 0.4 22 0902 821.7 0.3 275.7 0.4 21 0.5 0.4 20 05 0.4 19 0.5 0.4 18 0939 819.7 0.5 274.1 0.4 17 0.4 0.5 16 0.4 0.5 15 0840 818.5 0.4 272.6 0.5 14 03 0.3 13 0.3 0.3 12 0.3 0.3 11 0930 817.3 0.3 2714 0.3 10 0.4 0.3 9 0.4 0.3 8 1123 816.1 0.4 270.5 0.3 7 0.4 0.4 6 0.4 0.4 5 0.4 0.4 4 0917 814.5 0.4 268.9 0.4 3 0.3 0.0 2 0.3 0.0 1 1004 813.6 0.3 268.8 0.0 12.1 69550.8 11.208 60523.2 130074 total flow for month Agenda Item NO.1 OA February 24,2009 Page 27 of 462 TAMIAMI SQUARE MONTH: NOVEMBER 2007 Flow per Min/Hr DATE TIME PUMP #1 HRS.RUN PUMP #2 HRS, RUN MAINTENANCE 31 . 30 0.4 0.4 29 1152 8373 0.4 292.8 0.4 28 0.4 0.3 27 0.4 0.3 26 1104 836.2 0.4 291.9 0.3 25 0.3 0.4 24 0.3 0.4 23 0.3 0.4 22 0.3 0.4 21 1126 834.7 0.3 289.9 0.4 20 0.7 0.6 19 1027 833.3 0.7 288.7 0.6 18 0.5 0.5 17 0.5 0.5 16 0.5 05 15 0905 831.3 0.5 286.7 0.5 14 0.3 0.3 13 0.3 0.3 12 1408 830.4 0.3 285.8 0.3 11 0.5 0.5 10 0.5 0.5 9 0.5 0.5 8 1000 828.5 0.5 283.8 0.5 7 0.4 0.4 6 0.4 0.4 5 1003 827.3 0.4 282.6 0.4 4 0.4 0.4 3 0.4 0.4 2 0.4 0.4 1 1208 825.7 0.4 281.0 0.4 12.38 71160.24 total flow for month 12.6 68040 139200.24 Agenda Item No. 10A February 24, 2009 Page 28 of 462 TAMIAMI SQUARE MONTH: DECEMBER 2007 Flow per Min/Hr DATE TIME PUMP #1 HRS.RUN PUMP #2 HRS. RUN MAINTENANCE 31 0935 850.2 0.4 305.6 0.4 30 0.5 0.5 29 05 0.5 28 0.5 0.5 27 1207 848.2 0.5 303.6 0.5 26 0.2 0.3 25 0.2 0.3 24 0842 847.6 0.2 302.7 0.3 23 0.6 0,5 22 0.6 0.5 21 0.6 0.5 20 1156 845.2 0.6 300.7 0.5 19 0.3 0,3 18 0.3 0.3 17 0901 844.3 0.3 299.8 0.3 16 0.4 0.4 15 0.4 0.4 14 0.4 0.4 13 0954 842.7 0.4 298.2 0.4 12 0.3 0.4 11 0.3 0.4 10 0941 841.8 0.3 297.0 0.4 9 0.4 0.4 8 0.4 0.4 7 0.4 0.4 6 0819 840.2 0.4 295.4 0.4 5 0.4 0.4 4 0.4 0.4 3 1249 838.9 0.4 294.2 0.4 2 0.4 0.4 1 0.4 0.4 12.49 71792.52 total flow for month 12.6 68040 139832.52 Agenda Item NO.1 OA February 24, 2009 Page 29 of 462 Table 2 Tamiami Square Irrigation Repairs ~ 12/15/2004 Zone had 4 & 5 crushed valves. 2006 3/23/2006 By entrance - there was a 3" main line break. 511112006 South exit - there were 4 rotors and 6 mist heads that had been run over. 11/29/2006 Zone 2 - the valve was stuck on. Replaced solenoid. 12/28/2006 Zones 1 & 3 - crushed 2" valve. 2007 111812007 3" main line separated. 2/312007 Zone 4 - cut 1-1/4 pipe to irrigation rotors. 317/2007 Cement truck ran over 8 heads. 7/3/2007 Crack in line due to construction digging. 11113/2007 Main ine break due to electrical work. 12/1512007 Zone 1 - 2" main line break. Also, 4" main line break (system ran for 9 hours). 2008 31512008 Repaired line and pressured it up to check for leaks. Table 3 Tamiami Square Irrigation and Potable Use Combined 2007 Period Flow (1,000) Days ADFIMonth 1/05107-2/5107 652 + 31 21,030 215/07-316107 549 + 29 18,930 3/6/07.4/5107 420 + 30 14,000 4/5/07-5/4/07 423 + 30 14,100 5/4/07-6/6107 312 + 32 9,750 6/6/07-7/6/07 385 30 12,830 716/07-816107 292 + 31 9,420 8/6/07-9/6/07 249 31 8,030 9/6/07-1014/07 244 30 8,710 10/4/07-11/1/07 223 28 7,960 11/1/07-11/30/07 374 + 29 12,900 11/30107-1/4/08 781 + 34 22,970 4,904 13,440 Q AAOF = 2.922 kgal + 271 + 350 = 30.8(2) ERCs Q AADF= 13,440 + 350 = 38(1) ERGs Q 2 MMO =39,960 + (350 X 1.2(3) x 2) = 47.6 ERGs Q 2 MMO = 28,100 + (350 x 1 .i') x 2) = 33.5(2) ERGs (1) (1) (1) (1) 18 ERGs Weighted Average plus U ERGs Irrigation ERGs 24.1 ERGs Weighted Average versus 30.8 or 33.5 ERGs in period Nole 4 items occurring - a.) Sod establishment b.) Construction c.) Minor breaks d.) Irrigation use Reasonable to allow 6.7 ERCs during sod, construction, damage, and irrigation use - see SFWMD provisions and FAG. Some correlation, these results drive the need for a 2 year audit Final note: Total purchased ERGs at buildout Is 38.1 ERGs with 32 ERCs as potable and 6.1 ERCs as irrigation. (1) Includes major main breaks as shown in Table 2 (2) Excludes major breaks, still includes minor breaks (3) 1.2 peak factor for water flow per PRMG 2006 report P:\ORL \HCD\Word Proc\2008\A080376.00\Report\R~ 1 \ Tables.xls Agenda Item No. 10A February 24, 2009 Page 30 of 462 Exhibit B Metered Water Use 2007 .--.. - Agenda Item NO.1 OA February 24, 2009 Page 31 of 462 Agenda Item NO.1 OA '0 E C~. U j'V UTI ITIE-S BilliNG February 24,2009 C LLlI< (j N l ~Ir.( . --G@page320f462 .420 MERCANTILE AVE' NAPLES. FLORIDA 34104. (239) 403~2380 ,h."';::^" 1GZl.-:-j~ ATE BILLED TAMIAMI SQ OF NAPLES LLC 02/12/07 c/O CRIFASI Mr--NAGMENT INC ACCOUNT NUMBER RATE CLASS STE 208C 04046017600 co 2375 TAMIAMI TRL N SERVICE Po.DDRESS NAPLES FL 34103-4438 14700 TAMIAMI TR N METER '. . . .. . . ., METE~ NUMBER RE.ADINQ AMOUNT SIZE DATe AE"ADING 21443635 5/811 01105 07 2335 2506 21637090 3" 01/05/07 7440 7921 WA 2,928.06 SM 2,328.00 s~ : NARNtNCl: THIS BILL BECOMES DELINQUENT IF THE TOTAL AMOUNT DUE IS NOT PAID BY 02/27/07 'AYMENTS RECEIVED A.FTEA THIS DATE SHALL BE SUBJECT TO PENALTY CHARGES AND FA/WAE TO PAY BY THIS DATE ALSO SHALL :. iUBJECT THE PROPEATY TO SHUTOFF OF WATER SERVICE AND AVTOMATlC LIENS wrTHo""'UfF'UATHER NOTlCE_ IF YOU DISPUTE THIS ' Jill OR BELIEVE THAT IT IS INACCURATE IN ANY WAY, YOu MUST CONTACT THE COlliER COUNTY UTILITY BIlliNG AND CUSTOMER SERVICE lEPT. AT (239) oI.0J.2380 DURING BUSINESS HOURS (7:30 A,M. . 5:30 P.M.. M-F) BEFORE THE DELINQUENT DATE TOTAL. DUE 5,256.06 , SEE BACK OF BILL FOR ADDITIONAL BILL INFORMATION . ~ MAKE CHECKS PAYABLE TO: COLLIER COUNTY UTILITIES BILLING (239) 403.2380 ~. DETACH HERE ~ SERVICE ADDRE:SS 14700' TAM:q\MI TR N ACCOUNT NUMBER 04046017600 DATE BillED i''''''''"''''''''''OI 02/12/07 02/27/071 TOTAt.PUE 5.256.061 TAM:q\MI SQ OF NAPLES LLC clo CRIFASI MANAGMENT INC STE 208C 2375 TAMIAMI TRL N NAPLES FL 34103-4438 11"""111I111111111'"'1'11 MAil THE LOWER PORTION WITH YOUR PAYMENT IN U.S. FUNDS TO: COLLIER COUNTY UTILlTtES BILLING P.O. BOX 3389 NAPLES, FLORIDA 34106.3369 000000404601760000525606 Agenda Item NO.1 OA ~brUary 24, 2009 COLLIER COUNTY UTILITIES BilLING trS)lii.'- D Page 33 of 462 4a20 MERCANTILE AVE. NAPLES. FLORIDA 34104 . (239) 403-23Afllr\\~ ~ ..- QATE BILLED T&~IAMI SQ OF NAPLES LLC 03/08/07 c/o CRIFASI Mfl..NAGfVlENT INC f,CCOUNT NUMBER RATE CLASS STE 208C -::-r /' /I' Yl ,~ 04046017600 CO 2375 TAM-rAMI TRL N (......J c L 17 L 5EAvICE ADDRESS NAPLES FL 34103-4438 14700 TAMIAMI TR N METER . . . . .. . . .. METER NUMBER DAT~'''' "< ..:.;'"i;i9iPr!'ll3..: - . . CONSUMPTION . CODE AMOUNT SIZE DATe READING 21443635 5/911 02/05/07 2506 03/06/07 2673 167 21637090 3" 02/05/07 7921 03/06/07 8303 382 WA 2,334.78 SM 2,005.61 IP 36,00 ~'&i~ .~ WARNING: THIS BILL BECOMES DELINQUENT IF THE TOTAL AMOUNT DUE IS NOT PAID BY 03/23/07 '''MENTS RECEIVED AFTER THIS DATE SHALL BE SUBJECT TO PENALTY CHARGES AND FA' URE TO PAY BV ""S OAT /\LSD SHAL 1 iUBJECT T1-IE PFlOP!':ATY T SHUTOF'F OF WATER EAVJCE AND AUTOMATIC lENS WITH UT FURTHER NOTIC . IF VOU OISPU HIS ~1l.L QR BELIEVE THAT IT IS INACCUFlA IN ANY WAY, you MUST CONTACT THE COLLIER UNTY U IU BIl.UNG AND CUSTOMER SERVICE }EPT, AT [2391 403-2360 DURING BUSINESS HOURS (7:30 A,M, . 5:30 P,M., M-F) BEFORE THE OEl.INQUENT DAT~. TOTAL DUE 4.376.391 SEE BACK OF BILL FOR ADDITIONAL BILL INFORMATION MAKE CHECKS PAYABLE TO: COLLIER COUNTY UTILITIES BilLING (239) 403.2380 -, SERVICe.ADDRESS 14700'TAMIAMI TR N ~...' PET ACH HERE ~ ACCOUNT NUM~ER, 04046017600 . . ~Al1.~i~~~_O.. r''''''''''''''''''.''. 03/08/07 .. 03123/071 4,376.391 TAMIAMI SQ OF NAPLES LLC clo CRIFASI MANAGMENT INC STE 208C 2375 TAMIAMI TRL N NAPLES FL 34103-4438 1I11111111111~1I111111111111. MAIL THE LOWER PORTION WITH YOUR PAYMENT IN U.S. FUNDS TO: ., ~;J, : , '- .::~,'" CQ,UER COUNty UTiliTIES BilLING :.: . " P ,q, ~Ol< 3369 '. 'NAPLES; FLORIDA 34106-3369 000000404601760000437639 .....J :. COLLIER COUNTY'UTILlTIESBltIJNG <1420 MERCANTILE AVE . NAPL~S. FLORIDA 34104 . (2~9) 403,2380 TAMIAMI SQ OF NAPLES LLC ~~;~ ._~ C/O CRIFASI MANAGMENT INC lnl~lldlJl!::V STE 20BC' 2375 TAMIAMI TRL N NAPLES FL. 34103- 443B '. Agenda Item NO.1 OA February 24, 2009 Page 34 of 462 ,. ~ DATE BILLED 04/11/07 .l\CCOUNT NUMBER 04046017600 ..ATE CLASS CO METER NUMBER lIcclfr SERVICE: ADDRESS 14700 TAMIAMI TR N ., .. -I 21443635 21637090 SiB" 03/06/07 3" 03/06/07 READING 2673 8303 DATE' 04/05/07 04/05/07 '".:::\..:REAOING"'.\Ii-: ...' 2842 8554 CONsUMPTXlN. ~~De 169 251 WA SM IP:~,:I; ':~ ~: AMOUNT 1,649,34 1,601.84 36.00 ~~ WARNING: THIS BILL BECOMES DELlNaUENT IF THE TOTAL AMOUNT DUE IS NOT PAID BY 04/26/07 P,a.YMENTS RECEIVED AFi!:R THIS DATE SHALL BE SUBJECT TO PENALTY CHARGES AND FAI AE T FlAY BY nus DATE AL 0 HA SUBJECT THE pROPE~TY TO SHUTOFF OF WATER SERVICE AND AUTOMATIC LIENS WITHOUT FURl NOTICE, I VOtJ DISPUTE CllLl.O BELl VE TH"T I IS lNAC URA1E:1N ANYWAY. YOU MUS CONTAC TtolE COLLIER COUNTY UTILI BIl.LINGAND CUSTOMERSEAVI OEPT. AT (2:)9) 403-2380 DUAING BUSINESS HOuRS (7:30 A.M. - 5:30 P.M.. M.Fl BEFORE THE OEUNQUENT DATE. SEE BACK OF BILL FOR ADDITIONAL BILL 1Nf<;'RMATION ~ DeiA9~ HERE' ~ MAKE CHECKS PAYABLE TO: COLLIER COUNTY UTILITIES BilLING (239) 403-2380 SERVICE ADDRESS 14700 TAMIAMI TR N 04046017600 DATE BILLED .'I:j~h'l.l'r:!II.'l.tl. 04/11/071 04/26/071 fOTALDUE ACCOUNT NUMBER 3,287,18 TAMIAMI SQ OF llAPLES LLC CID CRIFASI MANAGMENT INC' STE 20BC 2375 TAMIAMI TRL N NAPLES FL 34103-4438 11111 1111 11m" 1111111111111, . .,"(, ~ " MAIL THE LOWER' PORTION WITH YOUR PAYMENT IN u,s;~~t-ios TO: ;.~:j~~~,(:". ' COLLIER COUN'rYurU.JTIES BILLIN(l P.O. BOl('33~9' . NAPLES. FLORIDA 34106.3369 000000404601760000328718 c. ..- LULLiEI, LUUNIY UIILlII~S BilLING .420 MERCANTILE AVE, NAPLES. FLORIDA 34104. (239) 403-2380 TAM1AM1 SQ OF NAPLES LLC C/O CRIFASI ~~AGMENT 1NC STE 208C 2375 TAMIAMI TRL N NAPLES FL 34103-4438 Agenda Item NO.1 OA February 24,2009 Page 35 of 462 [PJ6.~ !-v1Q) , DATE BillED 05/10/07 ACCOUNT NUMBE R 04046017600 ~ATE et....s'; co 21443635 21637090 READING 2842 8554 SERViCE A.DDRESS 14700 TAMIAMI TR N ( I , MElD"' :-.:utolBER ., AMOUNT DATE 04 I 05 I 07 04/05/07 READING 2994 8825 WA SM IF 1,663.H 1,611.23 36.00 c!lei!.1 D --/...L8Zlt WARNING: THIS Bill BECOMES DELlNOUENT IF THE TOTAL AMOUNT DUE IS NOT PAID BV 05/25/07 ?A'iMEN1S i=I~CEtVED AFTER THIS DATE SHALL BE SUBJECT TO PENALlY CHARGES AND FAILURE TO PAY BY THIS DATE ALSO SHALL SuBJECT Tf.lE PRO?ERTY TO SHUTOFF OF WATER SERVICE AND AuTOMATIC LIENS WITHOUT fuRTHER NOTICE. IF YOU DISPUTE THIS BILL OR BELiEVE THAT IlISI"'CCURATE IN ^N' WAV 'Ou MUST CONT,C""' COLLIER COUN" UTILITY BILLING AND CUSTOM'R SERVICE l DE?T AT (239\ J03.2380 OURING BUSINESS HOURS (7:30 A.M. 5:30 P M.. M.F) BEFORE THE DELINOUENT CATE. 'Ilt".ml 3,310.97 SEE BACK OF BILL FOR ADDITIONAL BILL INFORMATION MAKE CHECKS PA V ABLE TO COLLIER COUNTY UTILITIES BILLING (239) ~03.2380 ~ DETACH HERE SERVICE ADDRESS 14700 TAMIAMI TR N ~ 04046017600 05/10/07 ACCOUNT NUMBER QA no Bll-LEO TAMIAMI SQ OF NAPLES LLC CID CRIFASI MANAGMENT INC STE 208C 2375 TAMIAMI TRL N NAPLES FL 34103-4438 11111111111111111111111111111 MAIL THE LOWER PORTION WITH YOUR PAYMENT IN U.S. FUNDS TO: COLLIER COUNTY UTILITIES BilLING P.O. BOX 3369 NAPLES. FLORIOA 34106-3369 000000404601760000331097 _.. COLLIER COUNTY UTILITIES BilLING 0~20 MERCAN11LE AvE. NAPLES. FLORIDA 3Al04 . (239) 003.2380 TAMIAMI SQ OF NAPLES LLC C/O CRIFASI MANAGMENT INC STE 208C 2 375 TAMIAMI TRL N NAPLES FL 34103-4438 Agenda Item No. 10A February 24, 2009 Page 36 of 462 IU-tpIW~! I ,--- ~.....: [jA TE BilLED 06/12/07 ACCOUNT NUM8ER 04046017600 P.A TE CLASS Co TS Q c:c. PL SERVICE ADDRESS 14700 TAMrAMI TR N ME.TE;R NUMBER [METER SIZE 5/8 II 3" , :. I .. ~ .. ., AMOUNT 21443635 21637090 DATE FlEADING 05/04/07 2994 05/04/07 6825 DATe 06/06/07 06/06/07 REAOlN.G 3162 6969 WA WS SM IP 1,138.62 122.11 1,263.80 36.00 DUE TO SEVERE DROUGHT, SFWMD PHASE II WATER RESTRICTIONS ARE IN EFFECTl THIS BILL MAY INCLUDE A 15' SURCHARGE DEPENDING ON TOTAL USAGE. PRACTICE WATER CONSERVATION DAILY TO PROTECT FLORIDA'S WATER RESOURCES. FOR INFO VISIT WWW.COLLIERGOV.NET. UTILITY BILLING\CUSTOMER SERVICE. I\~~ "'"", VARNING: THIS BILL BECOMES OELlNOUENT IF THE TOTAL AMOUNT OUE IS NOT PAID BY 06/27/07 A,'l'MENTS RECEIVED AFTER THIS DATE SHALl. BE SUBJECT TO PENAL TV CHARGeS AND FAILUFl T PAY BY THIS DATE .ilL SHA ,uSJECT THE' PROP .ciTY T SHUTOFF OF WATER RVIC .Il.ND A TOMATIC LIENS WITHQ FUR H R N TIC. IF OU DISPUTE THI Ill. OR BELIEVE THAT 11 I INACCURATE IN ANY W Y. YOU UST eNACT H COt I COUN UTILI BIl_UNO AND CUSTOMER SERVICE 'EPT AT (239J 40:1.23&0 DURING BUSINESS HOURS (7:30 A M.. 5:30 P,M. M.F) BEFORE THE DELINQUENT DATE. SEE BACK OF BILL FOR ADDITIONAL BilL INFORMATION MAKE CHECKS PAVABLE TO: COLLIER COUNTY UTILITIES BILLING (239) 403.2380 ~ DEl ACH HERE SERVICE ADDRESS 14700 TAMIAMI TR N ~ ACCOUNT NUMBER DATE BILLED 04046017600 06/12/07 TAMIAMI S Q OF NAPLES LLC clo CRIFASI MANAGMENT INC STE 208C 2375 TAMIAMI TRL N NAPLES FL 34103-4438 IIIIII ~I 11111111 ~II 11111 III MAIL THE LOWER PORTION WITH YOUR PAYMENT IN U.$.FUNDS TO: COLLIER COUNTY UTILITIES BILLING PO. BOX 3369 NAPLES, FLORIDA 34108.3369 000000404601760000256053 -. \~\'.JLLltI< '-VUI~ 11 U I III I It::; bilLiNG , ,1.20 MERCANTILE AVE. NAPLES FLORIDA 3AlOA . (239) 403,2380 TAMIAMI SQ OF NAPLES LLC C/O CRIFASI MNiAGMENT INC STE 208C 2375 TAMIJU"lX TRL N NAPLES FL 34103-4438 Agenda Item NO.1 OA U ' ..., 'I~ 'of;fPluary 24, 2009 IJ. I 0 ''Ff'age 37 of 462 DA TE SILLED 07/16/07 ACCOUNT 'lUMBER 04046017600 !=lATE Cl.ASS co /J'@ ~r::.yq.-1- 5EJWlCE A[)(jRESS 14700 TAMIAMI TR N _ _ ..- .~ -:"--T;'~TE-A ~Wl:fi'\1;:';;~'1~;m;I:i~"m[~- l.kTd=! ,'.JI-,I,\~t:.R ~ ~.IZE! DATE READING ., 3162 8969 DATE 07/06/07 07/06/07 READING 3355 9161 CONSUMPTION CODE AMOUNT 21443635 21637090 5/8" 06/06/07 3" 06/06/07 193 192 WA WS SM IP BL I,H1.34 173.52 1.492.29 36.00 7.93CR DUE TO SEVERE DROUGHT. SFWMD PHkSE II WATER RESTRICTIONS ARE IN EFFECT I THIS BILL MAY INCLUDE A 1St SURCHARGE DEPENDING ON TOTAL USAGE, PRACTICE WATER CONSERVATION DAILY TO PROTECT FLORIDA'S WATER RESOURCES. FOR INFO VISIT WWW.COLLIERGOV.NET. UTILITY BILLING\CUSTOMER SERVICE. NARNINO, TI1IS BILL BECOMES DELlNOUENT IF THE TOTAL AMOUNT DUE IS NOT PAID BY 07/31/07 'AI(MENT~ RECc;l'v;';l ;..;;1E.):I. THI3 ';'ATi: SI-IAl..l BE SUBJECT 10 PENALTY CHARGES AND FAILURE TO P/>,V BY THIS DATE ALSO SHAl.L ~ ;U JECi THE PROP~fnv TO SHUTOFF' OF WATEA SERVICE AND AUTOMATIC LIEN WliH UT F RTH R N01ICE. IF YOU DISPUTE THIS ,ILL OR 6ELIEVE 7HAT rr LS INACC,.;RATE IN ANY WAY, YOU MU CONTACT lHl;: COLliER OUNTV IllTY 8llUNG ANDCUSTDMEA SERVICE lEPT AT :2'39i 40J.2'3!'lO OU=1ING BUS,tJE5S HOURS \7,30 A M. 5.:JO P M M.FI BEFORE THE OELlNQUENl DATE. a),J 9:\ i /)"7'i7J "/-0-4- ~ DETACH HERE TOTAL DUE 3,17S.22 SEE BACK OF BILL FOR ADDITIONAL BILL INFORMATION MAKE CHECKS "A Y ABLE TO: COLLIER COUNTY UTILITIES BilLING (239) 403-2380 ~ SERV1CE A.DDRESS 14700 TAMIAMI TR N ACCOUNT NUMBER 04046017600 DATE alLLEO i'''''''''"''''''''''. 07/16/07 07/31/071 lOTA1.DUE 3.17S,221 TAMIAMI SQ OF NAPLES LLC C/O CRIFASI MANAGMENT INC STE 208C 237S TAMIAMI TRL N NAPLES FL 34103-4438 11111111111111111111111111111 MAIL THE LOWER PORTION WITH YOUR PAYMENT IN U.s. FUNDS TO: COLLIER COUNTY UTILITIES BILLING PO. BOX 3369 NAPLES. FLORIDA 34106,3369 000000404601760000317522 - ~ 3 'Cid~ /!~~~ iJ. 7S 6'- e~ 3:70-, L L-C :;.t::~-v(j}~~' ~:~,~~fir rv:;; ;-~~ 0rrwt~ SRSEAGING GATE / tJ-7 IU" .!' 08/06/07 ~J?7' sI~ 61 08/06/07 , $I 7j 0'. . 71" .6ct'AI: ~ h-f'aJjt<1'JrV /;q~ Jti< COUN1Y UTlLlTlE:S BilLING ITILE AVE. NAPLES. FLORIDA 3^ 104 . (239) 403-2380 Agenda Item NO.1 OA February 24, 2009 Page 38 of 462 DATE BILLED ACCOUNT NUMBER 04046017600 SERVICE AODRESS 08/14/07 RATE CLASS co 14700 TAMIAMI TR N AMOUNT 3S02 9306 147 145 WA WS SM IP 1,061.82 110.59 1,201.20 36.00 .$~ DUE TO SEVERE DROUGHT, SFWMD PHASE II WATER RESTRICTIONS ARE IN EFFECT I THIS BILL MAY INCLUDE A IS% SURCHARGE DEPENDING ON TOTAL USAGE. PRACTICE WATER CONSERVATION DAILY TO PROTECT FLORIDA'S WATER RESOURCES. FOR INFO VISIT WWW.COLLIERGOV.NET. UTILITY BILLING\CUSTOMER SERVICE. IARNING, THIS BILL BECOMES DELINQUENT IF THE TOTAL AMOUNT DUE IS NOT PAID BY 08/29/07 mlENTS RECEIVED AFTER THIS Of,,, SHAle ae SUBJECT TO PENALTY CHARGeS ANG 'AlLURE TO PAY ay THIS DATE ALSO SHALL r J6J€.CT THE PROPERTY TO SHUTOFF OF WATER SERVICE AND AUTOMATIC LIENS WITHDUT FUA'I'HER NOTICE. IF you DISPUTE TH!S Ll OR BELIEVE THAT IT IS INACCURATE IN ANY WAY, YOu MUST CONTACT THE COLLIER COUNTY UTILITy BILLING AND CUSTOMER SERVICE ;:FT AT (239) 403.2380 DURING aUSINESS HOURS (7;30 A.M. 5:30 P M_. M.F) BEFORE THE DELINQUENT DAT€, TOTAL DUE 2,409.61 J SEE BACK OF BILL FOR ADDITIONAL BILL INFORMATION ACCOUNT NlJMBER 04046017600 ~ DETACH HERE SERVICE ADORESS 14700 TAMIAMI TR N ~A;~ ~'~l;~ r~'~';~I;'~~~ ~ MAKE CHECKS PAYABLE TO' COLLIER COUNTY UTILITiES BILLING (239) 403-2380 TOTAL DUE 2,409.611 TAMIAMI SQ OF NAPLES LLC c/o CRIFASI MANAGMENT INC STE 206 2375 TAMIAMI TRL N NAPLES FL 34103-4439 11111111111I11111111111111111 MAIL THE LOWER PORTION WITH VOUR PAYMENT IN U.S. FUNDS TO: COLLIER COUNTY UTILITIES BILLING P.O. BOX 3369 NAPLES. FLORIDA 34106.3369 nnnnnnunu~n'.?Lnnnn~UnqL~ .- - ._~"-" ....." .... -' ...... t L...'--" ~ '-" Ag,e_nda Item NO.1 OA (./'3.ifjt)/uary 24,2009 DAR'l&!l'c~9 of 462 09/12/07 11420 MERCANTilE. AVE. NAPLES. FLO~IDA 34104 . (239) A03~2380 TAMIAMI SQ OF NAPLES LLC /SO-Ct.p.I: c/o CRIFASI MANAGMENT INC STE 208 237S TAMIAMI TRL N NAPLES FL 34103-4439 ACCOUNT NUi,'ElER 04046017600 HATE c~ss co SERVICE ADDR!::SS 14700 TAMIAMI TR N METER NUMBER METER SIZE s/a II 3" .. .. ., CODE 21443635 21637090 O"TE 08/06/07 oa/06/07 REAOINIJ 3502 9306 DATI: 09/06/07 09/06/07 READING 3652 9395 CONSUMPTION 150 89 >lA >IS SM IP 858.30 60.06 1,035.31 36.00 '. ,..... DUE TO SEVERE DROUGHT, SFWMD PHASE II >lATER RESTRICTIONS ARE IN EFF:~ THIS BILL MAY INCLUDE A 15% SURCHARGE DEPENDING ON TOTAL USAGE. PRACTICE WATER CONSERVATION DAILY TO PROTECT FLORIDA'S WATER RESOURCES. FOR INFO VISIT WWW.COLLIERGOV.NET. UTILITY BILLING\CUSTOMER SERVICE. !VARNING: THIS BILL BECOMES OELINOUENT IF THE TOTAL AMOUNT DUE IS NOT PAID BY 09/27/07 \.l..YMENTS RECEIVED AFTE.R THIS DATE. SHALL Be: SUBJECT TO PENALTY CHARGES AND FAILURE TO PAY BY THIS DATE ALSO SHI\LL I V9JECT THE PROPERTY TO SHiJTOfF OF" WATER SERVICE AND AUTOMATIC LIENS WITHOUT FURTHEA N TlCE IF YOU DISPUTE THIS I'!\,t OR 8 UEVE THAT IT 15 INACCURATE IN ANY WAY. you MUST CON ACT THE COLLIER COUNTY UTIUTY BILLING AND CUSTOMER SERV1C!: I 1 EPT AT (239) ~oJ.23eO OvR1NG BUSINESS HOURS (1"3Cl A.M.' 5:30 P,M., M.F) BEFORE THE DElINOUENT DATE. ' I TOTAL DUE 2,009.67 SEE BACK OF BILL FOR ADDITIONAL BILL INFORMATION MAKE CrlECKS PAYABLE TO: COLLIER COUNTY UTILITIES BilLING (239) 403-2380 ~ f'!;HCH HE~_E SERVICE ADDRESS 14700 TAMIAMI TR N <> " ACCOUNT NUMSER 04046017600 DATE BILLED i'''''"'~''''rj 09/12/07 09 27 071 toTAL DUE 2,009.67\ TAMIAMI SQ OF NAPLES LLC cia CRIFASI MANAGMENT INC STE 208 2375 TAMIAMI TRL N NAPLES FL 34103-4439 11111111111111111111111111111 MAIL THE LOWER PORTION WITH YOUR PAYMENT IN U.S. FUNDS TO: COLLIER COUNTY UTILITIES BILLING PO. BOX 3369 NAPLES. FLORIDA 34106-3369 000000404601760000200967 TAMIAMI SQ OF NAPLES LLC c/O CRIFASI MANAGMEVT INC STE 208 2375 TAMIAMI TRL N NAPLES FL 34103-4439 [pJtI.il'O~ Agenda Item No. 10A February 24, 2009 laiil!il,",,:llloof 462 11/16/07 -"-'; .. ;".,,~;-, " ,..t: o"""\~'L . NAFLb, rlORlOA j4104. (23Q) 403-2380 ACCOUNT NUMBE.R 04046017600 RATE CLASS co tl c.CJ9.7' SERVlC!: ADDRESS 14700 TAMIAMI TR N METER NUMBIe.R METER SIZE I 5/811 3" . . ., , .. 'J AMOUNT 21443635 2l6370~0 OAT!; 10/04/07 10/04/07 REAOJNQ 3795 9496 DATE 11/01/07 11/01/07 READING 3953 9561 158 65 WA WS SM IP 912 . 9:1 81.18 ljOB3.08 36.00 r.'-~ '.'~J'~ The Water, Sewer" Effluent rate. will be increasing October 1, 2007. ~ The new rates are effective with your November 2007 utility bills. A rate increase flyer is enclosed with your utility bill also. COLLIER COUNTY UTILITIES RATE INCREASE : WARNING: THIS BILL BECOMES DELINQUENT IF THE TOTAL AMOUNT DUE IS NOT PAID BY 12/01/07 'AVMENTS REC"V'D AHER TH" DATE SHALL BE SUBJECT TO "NALTV CHARGES AND FAILU TO PAV BV TH' DAT ALSO SHA l :; Eel THE PFI P PiTY TO SH T FF F WATER RVI A ~ T ~ UN wr.,o F TH I. I YOU OISPUTe TMl ,fLL LI VE HATfT IS INACCURATE IN ANY WAY, Y U MUST C NTACTTHE COLLIE. C UN y UllLlTY UNCi ANC CUSTOMER SERVICE )EPT, AT (2391 ~03.2380 DURINQ 8USINESS HouRS i7:30 A.M. . ~o P.M" M.F) 8EFORE THE DELINOUENT DATE- """~'~ 2,113.18 SEE BACK OF BILL FOR ADDITIONAL BILL INFORMATION MAKE CHECKS PAY ABLE TO, COLLIER COUNTY UTILITIES BILLING (239) 403.2380 ACCOUNT ~UMBEA" 04046017600 ~_ DETACH HERE ~ .. _ . _ ' . '~EflYI9E ^DD~ESS 1'4700TA/olUK[' TR N ~:;ir:~7r'I\~;/~~;~~ 2,113.18 I TAMIAMI SQ OF NAPLES LLC clo CRIFASI MANAGMENT INC STE 208 2375 TAMIAMI TRL N NAPLES FL 34103-4439 11111 I 111111 1111.1 II IIJ '111'11..~....;. '" ... ",' MAIL THE LOWER PORTION WITH YOUR PAYMENT IN U.S. FUNDS TO: 'i;:OLLlEA COUNTY UTILITIES BILLING .. : P.O. BOX 3369 NAPLES, FLORIDA 34106.3369 DDDDD0404bD17bOOD0211318 ifi'. . 1%' -~- ....... ,-,-' , Agenda Item NO.1 OA February 24, 2009 Page 41 of 462 DATE BILLED ~A!>!IAMI SQ OF NA~~~~~E~~:"TILE AVE' NAPLES. fLORIDA 34104. (239) .03-2360 ~ "r-.- clo CRIFASI MANAGMENT INC '~Rllf),14'o"fj) STE 208 VI 2375 TAMIAMI TRL N -;(" NAPLES FL 34103-4439 ~cJ ~C:'~ ;7L~ ACCOUNT NUMBER 04046017600 SERVICE ADDRESS 12/12/07 RATE CLASS co 14700 TAMIAMI TR N METE!1 NUMBER METER . . ., SIZE I DATE READING 5/8 'I 11/01/07 3953 3" 11101107 9561 .. .f AMOUNT 21443635 21637090 11/30/07 11/30/07 READtNO 4107 9781 154 220 WA WS SM IP 1,636.72 189.75 1,602.52 36.00 -~~. SFWMD PHASE II WATER RESTRICTIONS ARE IN EFFECT I This bill may include a 15% surcharge depending on total usage. Praccice water conservation daily to protect Florida's water resources. For info visit www.colliergov.net. Utility Billing\CUstomer Service. NARNING: THIS 81LL BECOMES DELiNQUENT IF THE TOTAL AMOUNT DUE IS NOT PAlO BV 12/27/07 .AYMENTS RECEIVED AFTER THIS DATE SHALL" SUGJECT TO PENALTY CHARGE6 AND FAILURE TO PAY BY THIS DATE Al60 SHALL l :UBJECT Tf-oIE P~O~ERTY TO SHUTOFF ~ w.\TER SEnVICE ANO A TOMATIC LI N WITHOUT FlJRTHER NOTICE. IF YOU DiSPUTE THIS IILL OR EllEVE THA T iT I INACCU"A E IN A"IY WAY. '{OU MUS NTACT H COLLIER COUNTY UTILITY ILllN AND CUSTOMER SERVlCE 'EPT AT (2391 4GJ-2'JBO DU~\NG BUSINE5S HOURS (7.3'3 A M_ .,jh'30? M. M-F) BEFORE THE DEUNQUENT DATE i,)~lihllt 3,464,99 SEE BACK OF BILL FOR ADDITIONAL BILL INFORMATION 04046017600 ~ DETACH HERE SERVICE.4.0DRESS 14700 TAMIAMJ: .TR N .. DATE BILl~D ,.""",,,,1.1,,.,,,,, 12/12/07L 12/27/071 ~ MAKE CHECKS PAY ABLE TO: COLLIER COUNTY UTILITIES BILLING (239) 403.2380 ACCOUNI NUMBER TOTAL DUE 3,464.991 TAMIAMI SQ OF NAPLES LLC clo CRIFASI MANAGMENT INC S'!'E 208 2375 TA!>!IAMI TRL N NAPLES FL 34103..4439 11111111111111111111111111111 MAIL THE LOWER PORTION WITH YOUR PAYMENT IN U.S. FUNOS TO: COLLIER COUNTY UTILITIES BILLiNG P.O. BOX 3389 NAPLES. FLORIDA 34106.3369 000000404601760000346499 '-'''-'''LULl\. '--"JVI 'oJ I I vIJLlla:...J DIL....i!\j1...::./ 4420 MEI1CI'.NTllf AvE. NAPLES. FLORIDA 34104 . (239) 403-2380 TAMIAMI SQ OF NAPLES LLC C/O CRIFASI MANAGMENT INC STE 206 2375 TAMIAMI TRL N NAPLES FL 34103-4439 ~~[Q) Agenda Item No. 10A February 24, 2009 Pag.ee'!iillafc462 01/15/08 ACCOUNT NUMIJER 04046017600 ,:,.\ rc: '~,-t,:..::: co , ~R NUMBeR 21443635 21637090 -fETER.( ~\ZE 5/B II 3" ;J;l:.1,'l[.JIJ;I',f:tI::!;I:I'-'l'!inl" DATE J f1EADING 11/30/07 4107 11/30/07 9781 IS C;. C(! f1 r J SEf=1vIU: ,'l.ODPFS:, 14700 TAMIAMI TR N :.I;1:ir;7::1,ll.",I::I'::I:.:!":t"IJI~I~ Er;ODE r- DATE ~ READING ---1 CONSUMPTION _ __ I 01/04/08 4286 179 01/04/08 10383 602 WA WS SM IP AMfJ<JI'il 4,203.31 574.74 3,002.60 36.00 SFWMD PHASE If WATER RESTRICTIONS ME IN EFFECT ! This bill may include a 15% surcharge depending on total usage. Practice water conservation daily to protect Florida's water resources, For info visit www.colliergov.net. Utility Billing\CUstomer Service. WARNING: THIS BILL BECOMES DELlNOUENT IF THE TOTAL AMOUNT DUE IS NOT PAID BY 01/30/0B PAYMENTS RECEIVED AFTEFI 11-115 PATE. SHALL BE SUBJECT TO peNALTY CHARGES AND FAILURE TO PAY BY THIS DATE ALSO SI'iALL I SUBJECT THE PAOP~f:lTY TO SHUTOFF OF WATER SERviCE P'ND AUTOMATIC LIENS WITHOUT FURTHER NOTICE. IF YOU DISPUTE iHIS BILL OR 8.ELf!:ve THAT IT IS INACCuRATE IN ANY WAY, YOU MUST CON1ACT T)'iE COLLIER COUNTY UTtLllY BILLING AND CiJ$TOM[;;R SERVICE DEPT. Ai 1239} 40$-2380 DURING BUSINESS HOUAS ("-30 A,M_. 5:30 P_M.. M.FI BEFOR"E" fHE OEllNOUENT DATE. \'..... .,,-/..:.>: J#"'~ ,-..... OET;:;'~~< .,.~ TOTAL DUE 7,816,65 SEE BACK OF BILL FOR ADDITIONAL BILL INFORMATION MAKE CHECKS PAYABLE TO: COLLIER COUNTY UTILITIES BilLING (239) 403-2380 ~ ACCOUNT NUMBER 040460H600 SERVICE ADDRESS 14700 TAMIAMI TR N DATE BILLED ~''''''''''''''.'H1~ 01/15/0BL Ol/30/0~ TOTAL DUE 7,816.65 TAMIAMI SQ OF NAPLES LLC C/O CRIFASI MANAGMENT INC STE 208 2375 TAMIAMI TRL N NAPLES FL 34103-4439 111111111111111111111111111 MAIL THE LOWER PDRTIOI, WITH YOUR PAYMENT IN U.S. FUNDS TO: COLLIER COUNTY UTILITIES BILLING P.O. BOX 3369 NAPLES, FLORIDA 34106-3369 000000404601760000781665 Agenda Item NO.1 OA February 24, 2009 Page 43 of 462 ATTACHMENTS CONTENTS Attachment Description A Appendix H Water and Sewer Facilities Proposed Alternate Fee Calculation Methodology B PRMG - Relative Items Collier County Water and Wastewater Impact Fee Study C-1 County Ordinance No, 2007-53 C-2 Article VI. Water-Sewer District Uniform Billing, Operating and Regulatory Standards o Site Photos E Pre-Application Meeting Follow-up F Excerpts from System Development Charoes for Water, Wastewater, and Stormwater Facilities by Arthur C. Nelson G Excerpts from AWWA Principles of Water Rates. Fees. and Charaes H Pre-Application Meeting with Tamiami Square and Collier County Utilities Gerald C. Hartman, PE, ASA Resume Agenda Item NO.1 OA February 24,2009 Page 44 of 462 Attachment A Appendix H Water and Sewer Facilities Proposed Alternate Fee Calculation Methodology Agenda Item No.1 OA February 24, 2009 Page 45 of 462 ,. Appendix H Water and Sewer Facilities Proposed Alternative Fee Calculation Methodology , ' Aoenda Item No. 10A - February 24. 2009 Page 46 of 462 ( Appendix H Alternative Fee Calculation Methodology Water and Sewer Impact Fee This section of the appendix presents a proposed methodology for conducting an Altemative Fee Calculation for Water and Sewer Impact Fees. It contains the requirements, procedures and methodology for preparation, performance, and submission of an Altemative Fee Calculation Study, 1. Pre-application Meeting - Before beginning the A1temative Fee Calculation Study, the applicant or applicant's representative shall arrange and attend a pre-application meeting jointly with the Impact Fee Coordinator and the Public Utilities Department Administrator to discuss the requirements, procedures, and methodology of the Alternative Fee Calculation. ...L Subsequent to the pre-application meeting, the applicant shall submit three copies of the proposed approach to the study to the Collier County Public Utilities Department Administrator. County staff has five (5) working days to respond in writing to the proposed approach. If County Staff concurs with the proposed approech. the applicant will be notified to proceed with the study. If County staff disagrees with the proposed approach, County staff will identify the problem areas for the applicant. The applicant must receive approval from County staff before proceeding with the study. 2. Methodologv - The Alternative Fee Calculation shall follow the prescribed methodologies and formats of the Water and Sewer Impact Fee Study, prepared by Agnol', Barber, and Brundage, Inc. (1997), as amended, the Consolidated Impact Fee Ordinance, and the Administrative Procedures Manual. The results of the Altemative Fee Calculation shall be submitted to both the Impact Fee Coordinator and Public Utilities Department. The Alternative Water andlor Sewer Systems Impact Fee calculations shall be based on data, information, or assumptions included in the Water and Sewer Impact Fee Study (identified above) and as agreed upon at the Pre-application Meeting. 3. Guidelines - The applicant will use the information derived from the study to calculate an altemative impact fee. The results of the Alternative Fee Calculation study shall be submitted to both the Impact Fee Coordinator and the Public Utilities Department. 4. SubrnittinQ the Study Report - The applicant shall submit five (5) copies of the study report to the Collier County Public Utilities Department Administrator. The study must be certified by a Professional Engineer who is registered in the State of Florida. Tindale-Oliver and Associates, Inc, June 1, 2001 H-t Collier County Consolidated Impact Fee Administrative Procedures Manual ,- Agenda Item No. 10A February 24, 2009 Page 47 of 462 ( 5. Sufflciencv Determination - The Impact Fee Coordinator and the Public Utilities Department Administrator will review the Alternative Fee Calculation for sufficiency methodology, technical accuracy, and findings and will make recommendations concerning the amount of the impact fee to the Impact Fee Coordinator. 6. Determination of Fee - The Public Utilities Department Administrator and the Impact Fee Coordinator will make the final determination of the impact fee amount. (. G:I07312IdocslmBnuBIIBppendiceslBpndxh,doc Tinda/e-Ollver and Associates, Inc. June 1, 2001 H-2 Collier County Consolidated Impact Fee Administrative Procedures Manual Agenda Item No. 10A February 24, 2009 Page 48 of 462 Attachment B PRMG - Relative Items Collier County Water and Wastewater Impact Fee Study Agenda Item NO.1 OA February 24,2009 Page 49 of 462 II Public Resources Management Group, Inc. Utility, Rate, Financial and Management Consultants May 4, 2006 PRMG #1125-12 Board of County Commissioners of Collier County 3301 Tamiami Trail East Naples, FL 34112 Subject: Water and Wastewater Impact Fee Study Ladies and Gentlemen: We have completed our update of the Water and Wastewater Impact Fee Study for the Collier County (the "County") Water-Sewer District's (the "District") water and wastewater system (the "System"), and have summarized the results of our analyses, assumptions, and conclusions in this letter report, which is submitted for your consideration, The purpose of our analysis was to review the existing impact fees and make recommendations as to the level of charges that should reasonably be in effect consistent with the capital expenditure requirements as identified in the District's 2005 Water and Wastewater Master Plan Updates (the "2005 Master Plan Updates"). Based on the findings presented in the District's Master Plan Updates, Public Resources Management Group, Inc, (pRMG) is recommending that the water system impact fee be increased from $2,760 to $3,415 per Equivalent Residential Connection (ERC), For the wastewater system, we are recommending an increase in the impact fee from $3,125 to $3,515 per ERC. The combined water and wastewater fee with the proposed rate adjustments would be $6,930, an increase of $1,045 or ]7.8% over the existing combined fee of $5,885, The rate schedule for the proposed impact fees is shown on Table ES-l following this letter, At the outset of the study, it was determined that the proposed impact fees should meet a number of goals and objectives. These goals and objectives dealt primarily with criteria related to fee sufficiency and level. Specifically, the major objectives considered in this study included: . Existing customers, to the extent practical, should not finance or be impacted by the cost of fmancing and constructing water and wastewater infrastructure to serve new growth; . The impact fees should be sufficient to fund the pro rata cost of the projected capital requirements associated with providing water and wastewater service to new development; . To the extent practical, the impact fees should not be used to fund deficiencies in the capital needs of the water and wastewater utility systems (i.e" no expenditures for renewal and replacement or upgrade offacilities serving existing customers); . The impact fees should be based upon reasonable level of service standards that meet the needs of the District, should be indicative of the criteria used for long-term infrastructure planning, and should be consistent with industry standards; Agenda Item No. 10A February 24, 2009 Page 50 of 462 Board of County Commissioners of Collier County May 4, 2006 Page 2 . The proposed impact fees should be based on cost of service principles; . The proposed impact fees should take into consideration the comparable fees charged by neighboring utility systems; and . New development, to the extent practical, should fund the cost of financing the construction of System infrastructure specifically allocated to expansion; the proposed carrying charge provides a basis of recovering such costs and fulther shifts the burden of expansion-related capital to new growth. The proposed water and wastewater impact fees presented in this report have been structured to meet these objectives. The impact fees we calculated during the course of our analyses were based on the recovery of capital-related costs anticipated to be incurred by the District to expand water and wastewater service to meet the needs of anticipated population growth within the utility service area. As previously mentioned, the capital-related costs were identified in the 2005 Master Plan Updates prepared by the District's Consulting Engineers that documented the capital improvement plan for the fiscal year period of 2006 to 2015, which is the capitat needs period reflected in the Impact Fee Report. In addition to the proposed impact fees for the System, PRMG is recommending the imposition of a "carrying charge" to recover certain costs associated with providing capacity to new development. The proposed carrying charges (Allowance for Funds Prudently Invested or "AFPT Fees") reflect the cost of financing the expansion-related infrastructure until the impact fees are received by the District and have been structured to meet the service / rate objectives outlined above. A swnmary of the proposed AFPT Fees is shown on Table ES-2 at the end of this letter, Based on the information provided by the District and prepared by its Consulting Engineers and the assunlptions and considerations outlined in this report, which should be read in its entirety, PRMG considers the proposed Impact Fees to be cost-based, reasonabte, and representative of the identified capital expenditure needs of the District as identified in the Master Plan Updates. Additionally, the proposed AFPI fees are considered by PRMG to be reasonable and comparable with similar charges imposed by other Florida utilities, Moreover, such fees provide a basis for the recovery of the cost of capital associated with constructing expansion-related infrastructure, 1125-12\Letter Agenda Item No. 10A February 24, 2009 Page 51 of 462 Board of County Commissioners of Collier County May 4, 2006 Page 3 We appreciate the opportunity to be of service to the County and would like to thank the County's staff for their assistance and cooperation during the course of this study. Respectfully submitted, Public Resources Management Group, Inc. Robert J. Ori President Bryan A. Mantz Senior Consultant 1125~12\Letter ~ 'll II . '" ;b .. '" ~ . .... ~ ~ ~ . :sUi .. t "r. , ~ ~ . J! '" "il ~.!1 in ,j:>B . ; g~ u.. . . :3 = . . u-.; 1; .. .. .. . . . :;; . .. o W ffi ~~ z> w-, 0-' -< U)::> ~g > 5 l!; ... () " ~'" ~~ iJl ... " <1: !!i~ ~ w ., ... () ~ ~~ ~ ... 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" "' Agenda Item No. 10A February 24, 2009 Page 54 of 462 T.bleES-Z CoUier County W Iter-Sewer District Water and Wastewater Impact Fee Study Pronosed AllOW_lice (or FllDds Prudentlv Invested (AFrO Scht'dule AFPI Stbtdule Per ERe - Water Svstem (..) Payment Calendar Year Month 2006 2007 2008 2009 2010 2011 2012 January $000 $5869 $234.76 $'10.84 $586.91 $762.98 $939.05 February 0.00 73.36 249.44 425.51 601.58 777.65 953.72 Mareh 000 880' 264.11 440.18 616.25 792.33 96840 April 0.00 10271 278.78 45485 630.93 80100 983.07 May 0.00 111.38 293.45 469.53 645.60 821.61 997.74 June 000 13205 30813 484.20 660.21 836.34 1,01242 July 0.00 146.7J 322.80 498.87 674.94 851.02 1,027.09 August 0.00 161.40 337.47 513.54 689.62 865.69 1,041.76 September 0.00 176.07 352.14 528.22 704.29 88036 1,056.43 October 14.67 190.74 366.82 542.89 118.96 895.03 1,056.43 November 29.35 20542 381.49 55756 733.63 909.71 1,05643 December 4402 220 09 39616 572.23 74831 924.38 1.056.43 AFPI Scbedule Per ERe - Wastewater SV"stem {..\ Payment Calendar-Year Month 2006 2007 2008 2009 2010 2011 2012 January $000 $38.24 $152.94 $26765 $382.36 $49706 $611.71 February 0.00 47.79 162.50 277.21 391.92 506.62 621.33 March 0.00 5135 172.06 286.77 401.47 516.18 630.89 April 000 66.91 181.62 296.33 411.03 525.74 640.45 May 0.00 76.47 19118 305.89 420.59 535.30 650.01 June 0.00 86.03 200.74 315,44 430,15 544.86 659.57 July 0.00 9559 21030 325.00 439.71 554.42 66912 August 0.00 105.15 219.86 334.56 449.27 563.98 618.68 September 0.00 114.71 229.41 344.12 45883 573.53 688.24 October 9.56 124.27 238.97 353.68 468.39 583.09 68824 November 19.12 133.82 24853 363.24 477.95 592.65 688.24 December 2'.68 ]43.38 258.09 372.80 487_50 60221 688.24 ("4') Assumes that the AFPI fee is imtiated on October], 2006 Agenda Item No. lOA February 24, 2009 Page 55 of 462 COLLIER COUNTY WATER-SEWER DISTRICT WATER AND WASTEWATER IMPACT FEE STUDY TABLE OF CONTENTS Title Page No. Letter of Transmittal Table of Contents ....., .,..,. ,.,.. ,..." ...,..., ,..,..,....,...,..", ,..'"".. ,." ......"...,...,..., ,.'", ,.", ,.,." ..,....."..., ,.., ,.,.,..., i List of Tables.."..."".",..,.,..,.,...,...,..,...",.".,.,..""".....,....",....".,....".....,..,......,.."........"",."............".. i i List of Figures ".."..",."",...,...........,.....",..".",...,..,....,.,..,.,..."......."..,."..."...,...."...,",.,"",....,..........., ii List of Appendices ....., ....."., .,.. ... ....." .,........" ,...,.."""" ,............,.........,."., ".." ....,..,..."...." ,.,.,.,..,... ".iii Introduction"",,'..."...,..,.......,..,.,.."'..."'...,....,............"""'..""...,.........,....,."'..."."."......,...,....".,. .,."" I Purpose of Water and Wastewater Impact Fees...............................................................,................... I Existing Impact Fees ......,...." ,., ,.,..,....,...,..,.., ", ,..,...........,...,....., ,....,.,..,.....,......,., ,..'" ,..,.."" ....,...".."..3 Impact Fee Methodology ,...... .....,... ...."........,... ..,..,........."", ,.,.,.. .., ...........,.......", ,...,......,.....,.,." ,.,.." ,4 Level of Service Requirements .........,.... ................,... ........................"...., ..........................,..., ............ 5 Existing Plant in Service ..................,......,...........................................,......,.........................................6 Additional Capital Investment .".."" '" ," "..,.,.,......" ,., ,., ,., ,..., ,...',...." ,." .,.......,...",..' ,... ,..,.' ,........,.....". 9 Design of Water Impact Fee ...... ,......,.. ................'". .......... ..........,.., ........... ..... ............................. ..,...13 Design of Wastewater Impact Fee .........................,..,..........................................,..,.......................,..16 Impact Fee Comparisons ...............,.. ....................... .............."... ......... .............".. ...................,.... ......19 Sufficiency of Impact Fees."....,..."..".,..",.,.....".,....,............,.."..,..."..,..."..,.".................".......,....... 20 Allowance for Funds Prudently Invested (APPI) Fee ..........,.............................................................21 Conclusions and Recommendations""",..,..,.",..."""".."...."..,..,..",...",.,."."..."".",.,.,........."....,.,.. .25 Acknowledgements..",',.. ,.,.,..,....'".. ,.."" ,....,..,...,., "., ,...., ".. ,..'" ,.",..' ,.,..".." ", "".,. ,.,..., ,...,....,., "..., .,28 K:\DMIl125-12\ReportsIReport Agenda Item No. lOA February 24, 2009 Page 56 of 462 The current study employed the same methodology, and the impact fees were calculated on an ERC basis. The capital-related costs were identified in the 2005 Master Plan Update reports prepared by the County's Consulting Engineers, which documented the capital improvement plan for Fiscal Years 2006 through 2015 (the "CIP Planning Period") which was relied upon in the preparation of this report. Level of Service Requirements In the evaluation of the capital facility needs for providing water and wastewater utility services, it is critical that a level of service (LOS) standard be developed. Pursuant to Chapter 9J-5, Florida Administrative Code, the "level of service" means an indicator of the extent or degrees of service provided by, or proposed to be 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 or service, Essentially, the level of service standards are established in order to ensure that adequate facility capacity will be provided for future development and for purposes of issuing development orders or permits, pursuant to Section 163.3202(2)(g) of the Florida Statutes. As further stated in the Administrative Code, each local government shall establish a LOS standard for each public facility located within the boundary for which such local government has authority to issue development orders or permits. Such LOS standards are set for each individual facility or facility type or class and not on a system wide basis. For water and wastewater service, the level of service that is commonly used in the industry is the amount of capacity (service) allocable to an ERC expressed as the amount of usage (gallons) allocated on an average daily basis, This allocation of capacity would generally represent the amount of capacity allowable to an ERC, whether or not such capacity is actually used (commonly referred to as "readiness to serve"), As previously mentioned, an ERC - sometimes known as an Equivalent Residential Unit (ERU) - is representative of the average capacity required to service a typical individually-metered or single-family residential account. This class of users represents the largest amount of customers served by a public utility such as the District and generally the lowest level of usage requirements for a specifically metered account. For the purposes of calculating water and wastewater system Tmpact Fees, PRMG utilized LOS standards of 350 gallons per day (gpd) expressed on an average annual daily flow basis per water ERC, The wastewater LOS standard used in the study was 250 gpd expressed on an average annual daily flow basis per wastewater ERC. These LOS standards were reviewed in previous studies for the District and discussed with District staff and its Corumlting Engineers. Tn the development of the level of service standards the following reference sources were considered: . 2005 Water and Wastewater Master Plan Updates prepared by the District's Consulting Engineers, Greeley and Hansen LLC; . Collier County Growth Management Plan adopted on October 28, 1997; . Florida Department of Environmental Protection (FDEP) general design standards; . Florida Public Service Commission (FPSC) capacity relationships for private utilities; and . Actual water production and wastewater flow data reported by the District over the past several years. 5 Agenda Item No. 10A February 24, 2009 Page 57 of 462 As a result, the following level of service standards were assumed for impact fee determination purposes: Water System Wastewater System Level of Service 350 gpd per ERe 250 gpd per ERe These level of service standards have been utilized in previous impact fee studies performed on behalf of the District, and are consistent with those utilized by other utilities throughout the State of Florida. Existing Plant in Service In the detennination of the Impact Fee associated with the servicing of future customers, any excess capacity of the existing utility system available to serve such growth was considered. Since this capacity is available to serve the near-term incremental growth of the utility system, it would be appropriate to evaluate the capacity availability of such facilities, In order to evaluate the availability of the existing utility plant-in-service to meet or provide for near-term future capacity needs, it was necessary to functionalize the plant by specific plant requirement. The "functionalization" of the existing plant is necessary to: i) identify those assets which should be included in the determination of the capital facilities fees; and ii) match existing plant type to the capital improvements to meet future service needs, The functional cost categories are based on the purpose of the assets and the service that such assets served, The following is a summary of the functional cost categories for the utility plant-in-service identifLed in this report, Water Service Supply Treatment Transmission Distribution Fire Hydrants Meters and Services Functional Plant Categories Wastewater Service Treatment EmuenuReclaimed Transmission Collection Other Plant General Plant It was necessary to functionalize the utility plant into these cost categories so that a proper fee could be developed, Generally, the costs of on-site facilities which serve a specific development or customer such as water distribution and wastewater collection lines, meters and services, and fire hydrants are usually: i) donated by a developer as part of the City's utility extension program (a contribution of the plant); ii) recovered from the individual properties through an assessment program based on those properties which receive special benefit from such facilities or from the application of a main line extension fee to recover the specific cost of such facilities; or iii) funded from the customer directly (e,g., by a "front-foot" charge where the on-site lines were initially financed by the utility and then paid hy the customer or an installation charge to recover the cost of a new service line and/or the potable water meter), 6 1\faior Proiect Costs in ClP That Primarilv Benefit Existinl! Cu~tomers (FUnd 412 and Fund 414 Projects) Water Treatment Proiects NCRWTP - New HaMhorne (Zone 1) Wellileld (Well Nos.: 10],102,114,] 15,116, ]09,117,118,119,120) NCRWTP RO Wellileld Reliability (North Hamhorn Wells 18-20) Hawthorn Future Reliability Wells (3 wells by 2012, 3 wells by 2015, 3 wells by 2018, 3 wells by 2021, 3 wells by 2024) South Hawthorn Reliability/Replacement Wells (WeUNos.: 39S-42S) NCRWTP Emergency Generator Switchgear Upgrades Tamiami Well Replacement Program (Well Nos ,: 38-42) Lime Softening Upgrade at SCRWTP SCRWTP One RO Reliability Well Wate! Trans mis s ion Prolects Replace Water Main US 41 ftomRattlesnake Hammock Road to Barefoot Williams Road Wastewater Treatment Proiects IQ Water ASR NCWRF Bleach System Wastewater Transmission Proiects Future Pump/Lift Station Rehab Design of Water Impact Fee Agenda Item NO.1 OA February 24,2009 Page 58 of 462 Project Cost $14,300,000 12,547,617 12,069,800 8,500,000 5,343,514 5,] 75,000 3,885,915 2,600,000 3,900,000 t t,2oo,000 3,000,000 5,100,000 As shown on Table 7, the calculated impact fee for the water system is $3,415 per ERC, This represents an increase in the fee of $655 or 23,7% higher than the current fee of $2,760 per ERC, The reason for this increase is: i) an increase in the number of growth-driven (Fund 411) projects than what was shown in the 2003 Master Plan Update which was relied upon to develop the previously calculated impact fees; and ii) a higher cost per unit of capacity being added than what was calculated in the last impact fee study. For example and with respect to the inflationary impact on the cost of new construction, over the past five years, the Construction Cost Index published by Engineering News-Record (ENR), which measures the inflation in the prices of construction labor and materials, increased by approximately 21 % (this would not take into account any effects of regulatory process changes associated with treatment standards), During the impact fee analysis, several assumptions were utilized or incorporated. The major assumptions utilized in the design of the calculated impact rees are: 1. The existing water supply and treatment facilities have an estimated available capacity margin to serve new growth of approximately 22,51 % of the average daily capacity of the facilities based on: i) the firm design capacity of the existing water treatment plant facilities; ii) actual maximum month daily demand to annual average daily demand relationships recently experienced by the water system, including a review of the actual demand 13 Agenda Item No. 10A February 24,2009 Page 59 of 462 requirements for the ten fiscal year period ended 2005; and Iii) the capacity factors reflected in the 2005 Master Plan Updates, The analysis is included on Table I herein, 2. The capital improvement program as identified in the County's 2005 Master Plan Updates was reviewed and the capital costs were apportioned: i) by functional category; and Ii) to existing and future users in the determination of the water impact fee. Those facilities that were considered to be entirely allocable to growth were included in the fee determination at full cost (i.e., 100% of the total cost), For facilities that would provide an improvement to existing utility plant assets that had available capacity to service future growth, a portion of the impact fee was reflected in the fee determination since such new growth will benefit from such improvements, For capital expenditures which were solely for the replacement of existing assets which would directly benefit existing customers or were considered as an on- site cost (provide service to a local area such as a development which would normally be constructed and subsequently contributed to the District System by a developer), such amounts were not reflected as an appropriate cost to be recovered from the application of the water impact fees. A summary of the capital costs recognized in the impact fee analysis is shown on Table 4 and as follows (differences due to rounding): Expansbn / Impact Fee E.gib1e Costs Recognized in Current Study Project Costs ($ :Millions) - FY 2006 to FY 2015 Exparnbn / Impact Fee Eligible Costs to Be Recognized in Future Study (e.g;, Provi:Je Benefit Beyond Ten. Year Wirxlow) Total Project Costs Total Expansion I Impact Fee Eligible Costs (Current and Future Stu:lies) Existi1g Water Treatment Transmissbn Total $89.8 14.2 $104,0 $245,9 46.2 $292.0 $211.6 68.2 $279,8 $547.2 128,6 $675.8 $457.4 114.4 $571.8 3. For the capital improvements identified as transmiSSIOn system upgrades which would benefit both existing and future users, tlle total cost of such improvements has been recognized in the analysis. Since the transmission function capacity is difficult to ascertain except at "build-out" conditions, the total existing (expressed at original cost and not on a replacement or current cost basis) and anticipated ~apital costs to serve the total capacity of the water system through 2015 was recognized, thus calculating a new users per ERe "buy- in" cost for this functional component of the system, Therefore, the cost of certain capital expenditures shoWll on Table 4 that was fully recognized in the fee determination will not be fully recovered by growth since the "unit cost" of this function includes existing ERCs. 4, With respect to those capital projects which have been allocated to existing users that may include a capacity increment associated with serving new development, an adjustment to the reported plant-in-service balances has been made in order to not double-count plant-in- service (recognized a retirement of plant associated with the addition of the new facilities as identified in the 2005 Master Plan Update), Since a match of the facility upgrade to the existing plant-in-service balances as reported on the County's Fixed Asset Records was not possible, the adjustment was based on: i) an average in-service date based on the weighted in-service date of all functional assets in service as reported on the Fixed Asset Records; and 14 Agenda Item No. 10A February 24, 2009 Page 60 of 462 ii) the estimated replacement cost of the asset being placed in service as identified in the 2005 Master Plan Update, based on an analysis of historical and projected inflation as measured by the Construction Cost Index as measured by En~ineerinl!' News-Record, It was considered that the use of the replacement cost of the assets, which would generally include an upgrade to the facilities and probably result in a higher cost due to such factors as restoration expenses, would be conservative in the evaluation of the capital costs recognized in the determination of the fee, It was assumed that approximately $32,163,106 of existing water system assets would be retired as a result of the implementation of the County's identified capital improvement program, 5. No capital facility expansion costs associated with distribution facilities have been included in the calculation of the water impact fees since the County generally requires the developer to contribute such facilities or the County has adopted a separate fee (e.g" water meter installation fee) on behalf of the District to recover the cost of such capital additions (contribution in aid of construction), 6, The level of service for a water ERC was assumed to be 350 gallons per day (gpd) expressed on an average daily flow basis, This level of service represents no change from the previous impact fee study. The level of service was predicated on the level of service requirements as contained in the County's Growth Management Plan (potable water sub-element); discussions with the County's Consulting Engineers regarding capacity planning statistics as reflected in the 2005 Master Plan Update; Florida Department of Environmental Protection (FDEP) general design standards for water use analysis; Florida Public Service Commission (FPSC) capacity relationships for private utilities (Florida Administrative Code Rule 25- 30.020); and discussions with the District. 7, No grant funds have been or are expected to be received by the District relative to the funding of the water capital improvement program, and none of the existing water treatment and transmission assets were assumed to have been funded from grants. 8. Based on discussions with the County and as part of the review of the monthly rates for water service (a separate study ofthe District), it was determined that the lowest overall cost to the existing ratepayer (in terms of rates to be charged and financial health of the District System) was to use impact fees first for capital project funding as opposed to the payment of debt service, Because of this benefit and the need to recover the full capital cost assigned to growth, no rate adjustment was reflected in the determination of the fee. All impact fee funds remain in the system and the long-term financing costs are mitigated by using the fees for capital project financing, Although a new rate payer will potentially pay debt service on expansion-related financing, the overall cost to the ratepayer is less by not applying impact fees to current year debt and the additional customers to the system actnally tend to maintain or reduce the debt service component built into the rates for service. Thus there appears to be no justification to continue to have a debt service adjustment in the determination of the impact fees, The water system impact fee was calculated utilizing estimated capital costs for the water supply/treatment/transmission system, ERC service requirements, and current fixed asset and plant capacity data available to PRMG regarding the water system, By designing the water system impact fee to recover costs on a prospective basis, an attempt is made to design a charge that will 15 Agenda Item No. 10A February 24,2009 Page 61 of 462 provide funds on a reasonable basis in order to meet the future needs of the water system. It should be noted that in the event the construction costs, capacity requirements, or utility service area materially change from what is reflected on Table 7, the water impact fee might need to be adjusted accordingly. As shown on Table 7, the calculated water impact fee is $3,685 per ERC, which is $925 or 33.5% higher than the existing water impact fee of $2,760 per ERC, This fee would be applied to a standard individually-metered residential customer, Based on the capital facilities associated with the detennination of the fee, the functional hreakdown of the components of the rate is as follows: Water Supply/Treatment Water Transmission Rounded Cost Per ERC $2,865 550 Total Proposed Water Impact Fee llill Design of Wastewater Impact Fee As shown on Table 8, the calculated impact fee for the wastewater system is $3,515 per ERC. This represents an increase in the fee of $390 or 12,5% above the current fee of $3,125 per ERC, The reason for this increase is a rise in the cost per unit of additional capacity from the costs assumed in the previous impact fee study, As previously mentioned, with respect to the inflationary impact on the cost of new construction, over the past five years, the Construction Cost Index published hy Engineering News-Record (ENR), which measures the inflation in the prices of construction labor and materials, increased by approximately 21 % (this would not take into account any effects of regulatory process changes associated with wastewater treatment standards), In the development of the proposed wastewater impact fees, several assumptions were utilized or incorporated in the analysis. The major assumptions utilized in the design of the proposed wastewater impact fees are: I, The existing wastewater treatment and effiuent disposal facilities have an estimated available capacity margin to serve new growth of approximately 47,08% of the average daily capacity of the facilities based on: i) the finn design capacity of the existing wastewater treatment plant facilities; ii)' actual maximum month average daily flow to annual average daily flow relationships recently experienced by the wastewater system, including a review of the actual flow requirements for the ten fiscal year period ended 2005; and iii) the capacity factors reflected in the 2005 Master Plan Update, The analysis is included on Table 2 herein, 2, Based on discussions with the County, the cost of treatment and effiuent disposal includes the direct system-related cost of expanding the reclaimed water system, As shown on Table 6, the following capital costs were reflected in the analysis: (Remainder of Page Left Blank Intentionally) 16 Agenda Item No. 10A February 24, 2009 Page 62 of 462 Capital Expenditures Reflected in Analysis Expansion-Related Facilities (New and Future) $21,113,958 Facilities Allocated to Existing Capacity 17.280.000 Total Reclaimed Water Capital Expendiuues Recognized $18 191 9~ 3. The capital improvement program as identified in the County's 2005 Master Plan Update was reviewed and the capital costs were apportioned: i) by functional category and ii) to existing and future users in the detennination of the wastewater impact fee. Those facilities that were considered to be entirely allocable to growth were included in the fee detennination at full cost (i,e., 100% of the total cost). For facilities that would provide an improvement 10 existing utility plant assets that had available capacity to service future growth, a portion of the capacity fee was reflected in the fee detennination since such new growth will benefit from such improvements. For capital expenditures which were solely for the replacement of existing assets which would directly benefit existing customers or were considered as an on-site cost (provide service to a local area such as a development which would normally be constructed and subsequently contributed to the District System by a developer), such amounts were not reflected as an appropriate cost to be recovered from tlle application of the wastewater impact fees, A summary of the capital costs recognized in the wastewater impact fee analysis is shown on Table 6 and as follows: P'ojcel Costs ($ Millions) - FY 2006 to IT 2015 Expansion J Impact Fce Eligible Costs to Be Expansion / Impact Fee Recognized in Future Total Expansion I Impact Eligible Costs Study (e,g., Provide Fee Eligible Costs Recognized ill CUlTCDt Benefit Beyond Ten-Year Total Project (Current and Future Existing Study Window} Costs Studies) Wastewatet Treatment $20.9 $270.7 $&.9 $300.5 $279.6 Transmission 10.5 25.5 19.3 55,2 44.7 Reclaimed Water 17.3 11.3 9.8 38.4 2U Tow $48.7 $307.5 $37.9 $394.1 $345 A 4, For the capital improvements identified as transmission system upgrades which would benefit both existing and future users, the total cost of such improvements has been recognized in the analysis. Since the transmission function capacity is difficult to ascertain except at "build-out" conditions, the Iotal existing (expressed at original cost and not on a replacement or current cost basis) and anticipated capital costs to serve the Iotal capacity of the wastewater system through 2015 was recognized, thus calculating a new users per ERC "buy-in" cost for this functional component of the system. Therefore, the cost of certain capital expenditures shown on Table 6 that was fully recognized in the fee determination will not be fully recovered by growth since the "unit cost" of this function includes existing ERCs. 5. With respect to those capital projects which have been allocated to existing users which may include a capacity increment associated with serving new development. an adjustment to the 17 Agenda Item No. 10A February 24, 2009 Page 63 of 462 reported plant-in-service balances has been made in order to not double-count plant-in- service (recognized a retirement of plant associated with the addition of the new facilities as identified in the 2005 Master Plan Update). Since a match of the facility upgrade to the existing plant-in-service balances as reported on the District's Fixed Asset Records was not possible, the adjustment was based on: i) an average in-service date based on the weighted in-service date of all functional assets in service as reported on the Fixed Asset Records; and ii) the estimated replacement cost of the asset being placed in service as identified in the 2005 Master Plan Update, based on an analysis of historical and projected inflation as measured by the Construction Cost Index as measured by Engineering News-Record, It was considered that the use of the replacement cost of the assets, which would generally include an upgrade to the facilities and probably result in a higher cost due to such factors as restoration expenses, would be conservative in the evaluation of the capital costs recognized in the determination of the fee. It was assumed that approximately $16,415,000 of existing wastewater and reclaimed water system assets would be retired as a result of the implementation of the County's identified capital improvement program, 6. No capital facility costs associated with the existing collection facilities. including local lift stations, manholes, and on-site collection facilities - have been included in the calculation of the wastewater impact fees since the County generally requires the developer to contribute such facilities, or the County has adopted a separate fee (e,g., wastewater tap-fee) on behalf of the District to recover such capital additions (contributions in aid of construction). All capital improvements to such respective facilities as recognized in the 2005 Master Plan Update were also not recognized in the wastewater impact fee analysis. 7. The level of service for a wastewater ERC was assumed to be 250 gallons per day (gpd) expressed on an average daily flow basis. This level of service represents no change from the previous impact fee study. The level of service was predicated on the level of service requirements as contained in the County's Growth Management Plan (sanitary Sewer sub- element); information contained in the 2005 Master Plan Update regarding wastewater capacity; FDEP flow standards as reported in F AC Rule 64E-6,008; FPSC capacity relationships for private utilities (F AC Rule 25-30,020); and discussions with the District. 8. No grant funds have been or are expected to be received by the District relative to the funding of the wastewater capital improvement program, and none of the existing wastewater treatment and transmission assets were assumed to have been funded from grants. 9, Based on discussions with the County and as part of the review of the monthly rates for wastewater service (a separate study of the District), it was determined that the lowest overall cost to the existing ratepayer (in terms of rates to be charged and fmancial health of the District System) was to use impact fees first for capital project funding as opposed to the payment of debt service, Because of this benefit and the need to recover the full capital cost assigned to growth, no rate adjustment was reflected in the determination of the fee. All impact fee funds remain in the system and the long-term fmancing costs are mitigated by using the fees for capital project fmancing, Although a new rate payer will potentially pay debt service on expansion-related financing, the overall cost to the ratepayer is less by not applying impact fees to current year debt and the additional customers to the system actually tend to maintain or reduce the debt service component built into the rates fOT service. Thus 18 Agenda Item No. 10A February 24, 2009 Page 64 of 462 there appears to be no justification to continue to have a debt service adjustment in the determination of the impact fees. The wastewater system impact fee was calculated utiljzing estimated capital costs for the wastewater transmission/treatment/disposal system, ERC service requirements, and current fixed asset and plant capacity data available to PRMG regarding the wastewater system. By designing the wastewater system impact fee to recover costs on a prospective basis, an attempt is made to design a charge that will provide funds on a reasonable basis in order to meet the future needs ofthe wastewater system, It should be noted that in the event the construction costs, capacity requirements, or utility service area materially change from what was reflected on Table 8, the wastewater impact fee might need to be adjusted accordingly, As shown on Table 8, the calculated wastewater impact fee is $3,515 per ERC, which is $390 or 12.5% higher than the existing wastewater impact fee of $3,125 per ERC, This fee would be applied to a standard individually-metered residential customer. Based on the capital facilities associated with the determination of the fee, the functional breakdown of the components of the rate is as follows: Wastewater TreatmentIDisposal Vol astewater Transmission Rounded Cost Per ERC $3,200 315 Total Proposed Wastewater Impact Fee ~ Impact Fee Comparisons In order to provide additional information to the County regarding the existing and calculated impact fees, a comparison of the existing and calculated fees for the District with other Florida jurisdictions was prepared, This comparison is summarized On Table 9 and provides a comparison of the existing and proposed District impact fees for single-family residential connections (Le., one ERC) relative to the impact fees or comparable charges currently imposed by other municipaVgovernmental water and wastewater systems located primarily in the southwest Florida region, Figure 1 shows a graphical representation of the comparison. It is important to note that the reader must view the comparison with caution as no in-depth analysis has been performed to detennine the methods used in the development of the water and wastewater impact fees imposed by others, nor has any analysis been made to determine whether 100% of the cost of new facilities is recovered from system capacity charges, or some percentage less than 100% with the balance recovered through the user charges, Additionally, no analysis was conducted as to the rate of capital facilities currently in service or planned for the utility. For example, the costs of wastewater effluent disposal utilizing a deep injection well system generally has a higher capital cost per unit of capacity than percolation ponds. (Remainder of Page Left Blank Intentionally) 19 Table 1 Collier County Water-Sewer District Water and Wastewater Impact Fee Study Development of Existing Water Productionffreatment Facility Cao8citv Available to Serve Customer Growth Line No, Existing Pennitted Plant Capacity of System (MMDD-MGD) (1) Adjustment to Reflect Annual Average Daily Demand 2 of Water Treatment System (MGD) (2) 3 Adjusted Treatment Plant Capacity (AADD) 4 Annual Average Daily Demand - Existing System (3) 5 Remaining Capacity (AADD) at Existing Plant 6 Percent of Total Capacity Remaining 7 Percent of Total Capacity Recognized Capital Costs of Existing Faciliti~s 8 Existing Facility Costs (4) 9 Additional Costs (5) 10 Less Assumed Retirements (6) 11 Less Grant Funds and Other Contributions (7) 12 Total Applicable Capital Costs of Existing Facilities 13 Estimated Amount Allocable to Future Growth MGD = Million GaIJon5 Per Day MMDD '" Maximum Month Daily Demand AADD "" Annual Avcmge Daily Demand Footnotes start on page 30. 29 Agenda Item No. 10A February 24,2009 Page 65 of 462 Water System 40.000 (6,667) 33.333 25,830 7.503 22.51% 22.51% $ 111,400,959 89,761,032 (25,243,690) (969,055) $ 174,949,246 $ 39,381,075 Table 2 Collier County Water-Sewer District Water and Wastewater Impact Fee Study Development of Existing Wastewater Treatment Facility Canacity Available to Serve Customer Growth Line No. Existing Piant Capacity of System (MMADF-MGD) (I) 2 Adjustment to Reflect Capacity on Annual Average Daily Flow Basis (2) 3 Adjusted Treatment Plant Capacity @AADF 4 Annual Average Daily Flow - Existing System (3) 5 Remaining Capacity (MDF) at Existing Plant 6 Percent of Total Capacity Remaining 7 Percent of Total System Capitalization Recognized Capital Costs of Existing Facilities 8 Existing Facility Costs (4) 9 Additional Costs (5) 10 Less Assumed Retirements (6) 11 Less Grant Funds and Other Conmbutions (7) 12 Total Applicable Capital Costs of Existing Facilities 13 Estimated Amount Allocable to Future Growth MGD = Million Gallon5 Per Day MMADF ::; Maximum Month Average Daily Flow AADF = Annual Average Daily Flow Footnotes start on page 33. 32 Agenda Item No.1 OA February 24, 2009 Page 66 of 462 Wastewater System 40.100 (9.254) 30.846 16,323 14.523 47.08% 47.08% $ 157,420,647 38,212,595 (11,080,708) (1,753,Q62) $ 182,799,472 $ 86,061,991 Agenda Item No. 10A February 24, 2009 Page 67 of 462 Attachment C-1 County Ordinance No. 2007-52 County Ordinance No. 2007-57 County Resolution 2008-202 ~_:..')" ?u~:.'v " .,:) 'T-' 1, t''' ;.:.- . 'J> "C;~ 's.\\. ~l ~\ \tm~\.~ gj ORDINANCE NO. 2007 - ..i.L ~"" AN ORD ~ CE OF !!::OLLIER CO~FLORlDA, AMENDING SUBSECJ'lON "SO!- ~(I: SECTION 74-303 OF A.R CLE m IN ORDINANCE NO, %001-13 (THE LIDATED IMPACT FEE ORDINANCE), TO SPECIFY THAT WATER AND SEWEll IMPACT FEES FOR NON-lWIIDENTIAL USES AND FOR RESIDENTIAL LIVING AREA GREATER THAN 5,000 SQUARE FEET (OR HAVING MORE THAN FOUR TOILETS) SHALL BE DETERMINED BY PROJECTING AVERAGE DAlLY FLOWS AND NO LONGER BY THE SIZE OF THE SERVICE METER; AMENDING SCHEDULE TWO IN Al'PENDlX A TO THE ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. ~ ~r\) ~ ~y ~I ~ x ~) -~~ ~ \ ~ ,46gb3 }/.,. (or'[) Agenda Item No. 10A February 24, 2009 Page 68 of 462 WHEREAS, on March 13, 2001, the Bolltd of Coonly Commissioners of Collier County adopted Ordinance 2001-13, the "Consolidated ImpactFee Ordinance" repealing and superseding all of the COUl1ty's then existing impact fee regulations andcollSoIidating all aft:hc County's impact fee regulations into that Ordioance, codified as Chapter 74 of tM Collier County Code of Laws and Ordinances (lhe "Code"); and WHEREAS, the Collier County Water.SewerDjslricl conlnlcted with Malcolm Pimie and with the URS Corporation regarding tltcse impact foea, and both consulting fums have recommendt:d to staff that water and wastewater impacl fees that apply to nOD-residential lUes, or that apply to residential uses that have either living area of 5,000 or Inore square feet, or irrespective of~ sq~ footage will have more than four toiletS. no longer be dctennined by the size of the appli~ 8~e meter, but shall be detcnnined by the ERC valoe that results from applicable projeclAld average drilY t1()ws:and WHEREAS, having reviewed the Consulllu1t's recommondationa, staff conCUl1llllld,thcrefrire is recommending that the Board of County Commissloncn; edopt the attached Ordinance to amend lhe current Ordinance and the 8ltlIChed Impact Fee Schedule, both of which will accomplish the results recommended by the consultants. ~ NOW, THEREFORE, BE IT ORDAINED 8Y THE BOARD OF COUNTY fv) J~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ~ ~ECTlON ONE. Subsection (d)(2)(g) in Section 74-303 of Article IDof Chapler 74 of the Collier ~ ounty Code nf Laws and Ordinances (the Slllt1C being Ordinance No, 2001-13, as amended), is hereby Rmended to read a& follows: ~ ~ "g. MI:iJIi fa:mil)'1lflit. ilypleK, meBile R8mB af lH":el trailer RBF6aken&l 'falliele impBst fees shall sa paid le lfie eSl:ift" at tke JargelU dollar aIi.IaUJIl ~&&8" "P8ft'" p!~.~Ltspaee, erUle meter ) I ::~~5~.:e~::~.:~~i~=~i:~:~;::"~:~=:::~:::~"~:~ ~~; :~:t~, '.. / ~l3hetWB8 af th. '~t(l,aes.aal8t11&lie88. l1Ht parBr sf Busk larger initial "-'t'ster andler aB\l.8T ~ "tffipllet fe~a, sh~ be, emitle.d 1e !Hlpaet iN eNelita agaiBst aadia9fl8l OBits as Intil,ding J9amUtB fer , ,.J these aadiB8Ral anUs IIR! JBGl:lS9. 8~' 1fte S8Q1lty ..ithiR that de aleplMBt. Staff iQ IHJthsFii5es. to \\' f:l.fJPFB III anI. gNflt SUilt ~'R! sm. ";' ater ,and wastewater (sewerHmnact fees for individuallv metered \ , . w~ter and/or sewer SI::fV1CC to residential use of less than 5,000 SQuare refit livin2 soace and which \. f\ wdl have less than five toilets shan have an ERe value of one, Master met:ered service to residential ~\. -..., J use {']fle~s ~an 5.000sauare fcetlivimr. SOllee andhavine: Jess than five toilets shall be determined bv \ the SDOC:lfic Imoacr fee value assie:ned bv Aooendix A. Schedule Two, Individuallv metered service and master metered service to non~residcntlal uses or to tesidentialllse havinl! Jivinl!' area of 5 ,000 ,J Underlined led is added: lilftl;!i IH iugh text is: deleted. Agenda Item NO.1 OA February 24. 2009 Page 69 of 462 scuare feet or more. or service to residential use havinelcss square footau bul havine. fiVe or more toilets, Mall be determined bv the ERe value that results from :oroiected aveta2e dailv flows. Proiected avcra2e daily flows for residential u.se of 5.000 sauare feet livioE" area Of more. or to bave more than four tOilets llhaJl be dcremu.nea bv acolviDIl: a.tJolicablc movisions in the then current edition of the Florida PlumbinS!' "'''';I''!. Proiected IVCI'1lli!C dailv flows fornon~teS;idential uses ahall be derennincd bv calculatinD" the aDDUcable movigions in the then Cl.lI'Rlnt edition of the Florida P1umbinlt Code comDBred with the l\Policable Drovisions in the then current editions of I.he Florida Adminis.trative Code. The corn:ct aveI'lUle daily flows for non-residential 11&& shall be the llI"e8cer of [he Florida Pltnnbin2 ('--Ode calculation or the Rorida Arlminilltmtive Code calculation. The Public U,mtics Administrator or authorized dclipees shall have final armmval authority with fe2anl to these imoact fee: calculations." SECTION TWO, CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other . a.pplicable law, the more restrictive sruuJ appjy. If any phrase or portion of this Ordinance is held invalid OT 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 portions. SECTION THREE. INCLUSION IN THE CODE OF LA. WS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the: Ordinance ma.y be renumbered OT J'C-Iettercd and internal cro8s~references amended throughout to accomplis.h such, and the. word. "ordinance" may be changed to "section,'l ..article," or any other appropriate word. SECTION FOUR. EFFECTIVE DATE. Til;s Ordinance shall become effective .pon filing with the Horida Deparlmenl of Slate. PASSED AND DULY ADOI'TED by the Board of County Commissioners of Collier County, Florida this ~ day of ,\" " , 2007. ATTEST: .. "'.. DWIGHT. E, BR~K, CLERK ~q~;;fik,~I~l- :~~~'1"'" , t~ ~~4.t\Ir'.. OcrI'. Approved as to fann and legal sufficiency: BO!\RD OF COUNTY COMMISSIONERS OF COI.LIER COUNTY, FLORIDA By: ~~~~ BY:_/O\Q^ IlL-- Thomas C. Palmer, Assistant County Attorney Page 2 of 4 Thi&. ordl....araee filii:! with th" ~:;'~rQ"tQry ofj:ltc:rtw's (. ~e ~doyoP~ ' C "* o.Jo.ol!l"'leknawl8dgcmcr.1 ,"..7 that ~:"!m ~!:; ~~ ~Jex.tllld&d: ~I'~' '"wll(tll texti, c.Icl.etcd. Agenda Item No. 10A February 24, 2009 Page 70 of 462 APPENDIX A SCHEDULE TWO: WATER AND W.\S1'E\\'At:ER SEWER SYSTEM IMPACf Ft.."E RATE SCHEDULE ." - ....- . ,,,.~U !,A:.U'~~' w.;;.,.,i: ,'.: ,'," ~JtlpqpTJ.\U.Y ME'rliRBP IlRG ~'.~.TER g~'8R UVlNG SP~,CE 1!!>lijS 01' FllB IlEfliR CQliIlIi /lllllnl D.Wa IUP,'CT (&(1 N.) i\LLOC'.TI<>>1 ~ ReallJe!tiAl. CSRllaGb..BII.) I'!;B- F6S- g tie 1.99-9 (t.NIl NQ I<<lRlil PliIl. UIoIIl' ;lW- +- &3,115.00 i3,515.00 TIY~'l1 IlATHRQQ!,Q;) 5,909 IIR HQPd! B.\~gg O~I fQUlQ!lB PSR IlRC PIlR 6RC !(GIlM- IlRG $3,>15.00 +HAN-4 21)(.lQ] I 1 MinimuM I!ATImOOI1S) IU.1U gg .;,/t.,_,~~:;;",:~":",,,~' ,~ ._~..r '.lV~L :-_'....'.....!....; . .....~;r,;,.:~.'.Jt...{ '. .. ~t'\g1'EllI....,""<BP lJ\'lNG IlRG ~7 iIo_'RiR &UMlIl SMa; (SQ. 13;1 $I.\: IIF FBIi ~- ~Iii &I... IMP:'.cr IMP.^,cr ,-I.LbOC.'11OH Sl;i';i;- R.'Si_F~1il 1'+.1- CtIw .' n) FlO6- Ri&- G"'7SG MR tJNJ;T PliR llRC ~ $1.12..00 U.16G,GG 7H t8 l.~OO PliR UNlT PIiR ~C G.e+- ',200 QQ 2,3.5,00 !.SlIl ro 1,999 !'lOR lJl'1Il' PSR BRG {4- 3,1U,QQ a,HS,OO S,OOQ OR ~ - ~ HGPM- ON 6RC (OR HORll PeR llRC QRflJl>l'ANO! .(,'2GJ I MiniJBf:lJII 3.315.00 'I'HAN4 -l- Ilt.TlIllOOUSl 3.11.300 ~l^Kr~AT . ..~:~t~;'l.~;)'~. ......:.... . W:\~1mt MIW>!\ s!ZI;: E&G- W,\TBR IllP.',cr I'!i.li OR CC)-{SP Rf...\IQe g~t.8R IMPACT ~ BQUI'-'~IT - MIN- MAA- MlN- IMAA- JI4 /{l..- -l- $3.H5,QG tJ,nS,QQ -l- '<+ ~ a,7S7.9Q 8,$38.99 3.&€j7,OO 8,788,Q9 +.m- :h&- ..... Il,8W,OO l',9~5.oo 9,U9.9Q 11,575 ;?- M 8- 17,117.00 27,~2Q,00 17,937.00 2(i,12Q.OO 3- 3+ #.9- J7.'~2,Q9 187,18(00 2g,17a.OO 192.!K'1 4- #- ~ lS1.82S.QQ 149,191,00 19~.n3 gg 1>3,GQq.gQ '- ~ ~ 1QQ,5J5.00 1,232,229,00 1S3,~]!j,oo 1,2!8,91?lI9 8- US eoo. l,2n,57Q.00 2.lH9,(jQQ,QQ 1.2U,~~ 00 2.199,00 ~tcKL1J adQed; &~* IfMIf" U1x:tiJdeleled. Pqc3of4 Agenda Item No. 10A February 24, 2009 Page 71 of 462 / INDIVIDUALLY METERED SERVICE LIVING SPACE (SO.FT.) ~ BASIS OF WATER SEWER VALUE FeE IMPACT FEES IMPACT FEES o TO 4.999 rAND MAXIMUM OF 4 1 PQrERC $3.415 ~ TOILETS) 5,000 OR GREATER ADF/ 350 lOR MORE THAN 4 (min vaJue of ERC VALUE x ~ TOILETSl LQl Per ERG $3,415 {fOunded to ~minlmum value ERG VALUE X Non-Residential Ihe nearest ~ $3.515 (minimum tenth) value $.1 5151 MASTER METERED SERVICE LIVING SPACE rSQ,FT,) ERC BASIS OF WATER SEWER ~ as IMPACT FEES IMPACT FEES Residential Unit - 0 TO 750 ~ Per Un" $1.125.00 $1,160,00 Aesidential Unfl-751 TO 0,67 Per Unit $2,290,00 $2.355,00 1.:il!ll Residential Unit -, 501 TO 1 Per Untt $3,415,00 $3,515,00 ~ Residential Unit - 5 000 OR ADF/350 GREATER lOR MORE THAN $3,515 4 TOllETSl fminve.IuClof ERC VALUE x J..Q1 Per ERG $3.415 rmilimum (rounded to ERG VALUE x I the neares1 value SS 4151 Non-ResIdential tenth) nlli (mlnlmum value 53515) ADF- E ER - NY" KEY' Aver__ DailY Flow. to, DroDDUd UN .. Dl'aVIded bv EOR or Authorized vo n I or for lent I 0 ~lexti.added;li' .L"'..., Ih~ti~de\etcd,. Page4of4 ORDINANCE NO, 2007--2L- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE IMPACT FEE RATE SCHE:DULES OF APPENDIX A OF ORDINANCE NO, 2001-13, AS AMENDED, KNOWN AS THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE; INCORPORATING BY REFERENCE THE IMPACT FEE STUDY ENTITLED "COLLIER COUNTY IMPACT FEE INDEXING STUDY;" DELETING TIlE REQUIRED USE OF INCOME DERIVED FROM THE INTEREST BEARING IMPACT FEE TRUST FUNDS; PROVIDING FOR CHANGES TO THE PROVISIONS RELATED TO IMPACT FEE WAIVERS AND DEFERRALS FOR SPECIFIED CflARITABLE' ORGANIZATIONS; AMENDING THE SPECIAL REQUIREMENTS FOR EACH OF THE INDIVIDUAL IMPACT FEES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF JANUARY I, 2008. Agenda Item No. 10A ,~ 24,2009 ~/ Pa" 2 of 462 ~"'i ~ 0;- "" ~ ~ L 'JUl 2011 ", ~ \ HECBVm' j, "'.. ~" 6~ 'O,..:-.v .e"i:?LZoo6\ WHEREAS, Collier County has used impact fees as a funding source for growth-related capital improvements for various facilities since 1978; and WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001~ 13, the CoIlier County Consolidated Impact Fee Ordinance, repealing and superseding all of the County's then ex.isting impact fee regulations, and consolidating aU oftbe County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code"); and WHEREAS, in October of 2002 the Board of Counly Commissioners directed that dwing lhe upcoming required three-year updates of the individual impact fees that methodology also bc developed to provide for tho annual indexing of the fees in the years between the fonnal updates; and WHEREAS, on February 28, 2006, the Board of County Commissioners directed that the indexing methodology for each of the impact fees be reviewed and revised, as appropriate, to reflect localized information; and WHEREAS, Section 163.31801, Florida Statutes, which is the Florida Impact Fee Act, requires the most recent and localized data be used in impact fee calculations; and WHEREAS, Collier County, retained Tindale-Oliver & Associates. Inc. (tbe "Consultant"), to complete the study to localize the indexing methodologies; and WHEREAS, the Consultant worked in association with Robert W. Burchell, Ph.D. from the Center for Urban Policy Research, Blaustein School of PlanningIPublic Policy at Rutgers, to develop a legally defensible indexing program, specific to Collier County; and WHEREAS, the Consultant has prepared an impact fee study entitled "Collier County Impact Fee Indexing Study" dated June 11,2007 (the "Study"); and WHEREAS. Colher County uses impact fees to supplement the funding of necessary capital improvl:ments Tequired to provide public facilities to serve new population and related development that is necessitated by grDwth in Collier County; and WHEREAS, the Study recommends four revised measures to be used, alone or in combination, [0 calculate the annual index for each of Collier County's impact fees; and UD.~ l~ll il added; buall lI"m~Jk IeXl i! lld,l<<! Agenda Item No. 10A February 24, 2009 Page 73 of 462 WHEREAS, the recommended measures and cOlTCsponding percentages of increase, in combination with the adopted indexing methodology provide the basis for tbe armual index for each of Collier County's impact fees; and WHEREAS, the proposed revised fees are incorporated in Schedules One through Ten of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinance (attached); and WHEREAS, the study methodology has been reviewed and agreed to by Collier County's outside legal cOWlSel, Nabors. Giblin and Nickerson. P.A,; and WHEREAS, staff has thoroughly reviewed the calculations and findings and concurs with the results of the study, and recommends that the Board of County Commissioners adopt this Ordinance to implement the recommended changes; and WHEREAS, on April 10, 2007 the Board of County Commissioners directed that the provisions related to impact fee waivers for specified charitab1e organizations be amended to instead provide deforrals to such charitable organizations; and WHEREAS, the adoprion of this Ordinance incorporates provisions that amend Section 74-203(i} of the Collier County Code of LaW& and Ordinances related to charitable organizations by providing impact fee deferrals to qualifie:d entities and requiring that deferred impact fees be paid to Collier County upon such time that the premises is no longer utilized by the qualified o:ntity or the entity ceases to operate in the specified charitable capacity. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONEI{S OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article: I, General, Section 74~l06, Adoption of impact fee sfUdies, of the Collier County Code of Laws and Ordinances is hereby amc:ndoo to read as follows: Section 74-106. Adoption of impact fee studies. The board hereby adopts and incorporates by reference the following studies with regard to the respective public facUities: ... illl Indexin~: "Collier COlUltv Imo",,' Fee Indexing Studv'" dated IWle ii, 2007, prenared bv TindaJe-Oliver and Associates. Inc. in association with Robert W. Burchell. Ph.D" to be undated atmll1lllv. ... SECTION TWO, Artic\, n, ImpaC! Fees. Section 74.203, Use offunds, subsection (e) and (i) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-203. Use of funds. ... (e) All funds on deposit which are not then immediately necessary for expenditures shall be invested by the county in compound. interest bearing trust fund(s). All inflame derived a-8m SN-eR iR. estmeMs shall be s~Bsit8E1 iR the !llleeiiie iml!'sst fell a-uet filM FrSR1 ",vhieh. the i8'/8sterJ. fun6s eMfle. Te th.e 81r:t&ftt He! Jlrflhi\3itd \3) lan, RIle, rsg1:lJaaen aT eaRir.Wt (iashuliHg BSRB ~lClI.lll..;ldcd:\:IIJ.Iv.i'Ol'~rte](t;ldcletcd Pl.&" 2 of2~ Agenda Item No. lOA February 24, 2009 Page 74 of 462 ea' ill'lMtS), m1ereat tAefi I.\SgRled iR tit, F86Jestive h=UiK fimtlsMll he l:i6l!ld tel fillly fURd 118St fer pfElFi:" 6aaRt&l3ls ilaat')' imp-aat fees "l'ai era. .^.esrue8 ifttarest iR eRe truet itIas shIH! Ret Be leane!! ts, a-ll:RBf!If8~ ie. SF etltep:'1S1 \!II! R'eatllEl te the eredit sf an} ether BlifIt fwut Sf any ether aeeeUFlt. Imflset fee v:ai':B:fB grar~t8li BY the beard BRall se paid Hem &aBAted interest fFem easH tR:1st fl:ma aJfeeted Bi ""e v"wYers. In fue a"/ent laB aelmiRilitFater sf a. reSfleetivB trust fWla is sf the BJ'liAisR Ef..M theft &Semes. HHel'SS~ in the Fe!if:leeh'/B iRlJ'aet fee wet [wul is in6ymde:nt 16 fund Hie then (Hlnding reql:18stea ':.'B:i::ere. tlie manager sf eaeh sask a=ust funa shaU Ratify the 8S't:IRty manager i8 "'Piling er fr.B faetual and legal Bilses reF theso E1f'iHlEllUl. l' eemad YltereElt sha.n 98 a.eemea La "be Q' ailaele" La fW'lS these "~e: faT prefit, ehaFitasle eBB~yt! "aivefs lfRle!i.s there lfum eltiGts an 8.8t1:laJ legal ~rehiBitieft .....iuweh)' tRat aSSFU!tl iRtenst BW".Ret legall)' Be ISBell ts fHas tHe rsqueated : ai':eRl. ... (i) Impact fee v;ai':ers sr deferrals available to charitable organizations nnd charitable trusts. These impact fees ~ deferrals are available only to eligible to not-for-profit, charitable entities as specifiod herein. The cumulative total of all not-for-profit.waWers deferrals in each of the cowny's fiscal years shall not exceed $200,000,00. If the total amount of impact fees weWed deferred pursuant to these provisions in a fiscal year is less than $200,000.00 (or is less than the higher total in the funding account for that fiscal year because of prior cash carrying-forward) some or all of the awn of money not ~ deferred can be carried forward and thereby be added 10 lhe $200,000.00, to a maximum balance of $500,000,00 funding for the next fiscal year. N-eftRef. tJ,mpact fees collected by the county for water, wastewater, educational facilities 00i'in9 fire impact fees shall not be weiYe9 doferred under these provisions. (1) Entities eligible for waWef8 deferrals:. These ~ deferrals are available only to charitable, not-for-profit entities that provide services of substantial benefit to low income or very low income re!;idents of the county at no charge or at reasonable, reduced rates, and no part of the net earnings of the entity shall inure to the benefit of any private shareholder or individual, and the entity complies with at least one of the following: a, The entity is described in subsection 501(C)(3) of Chapter 26 of the United States Internal Revenue Code as a corporation, a community chest, a fund, or a foundation, organized and operated exclusively for charitable purposes, or for prevention of cruelty to children, and is then exempt from taxes under Section 501 (a) thc:roin; or b. The entity is described in Subsections 501 (C)(4)(A) and (B) ofChilpter 26 of the United States Internal Revenue Code as either a Civic League or an organization not organized for profit, is operated exclusively for the promotion of social welfare, and is exempt from taxes under Section 501(a), therein; or c. The entity is described in Subsection 501 (C)(20) of Chapter 26 of the United States Internal Revenue Code as an organization or trust, the exclusive function of which is to fonn part of a qualified group legal services plan or ptans within the meaning of Section 120 as. referenced therein; or ~lC:o;li,added;IlI(liIfSJ&~Lcx,j,delcted "S<:30[25 Agenda Item NO.1 OA February 24,2009 Page 75 of 462 d. The entity is a hospital, a cooperative hospital service organization, a medical research organization, or similar organization under any provision within (or referenced) in Section SOl of Chapter 26 of the United States InternaJ Revenue Code and the entity is exempt from federal income taxation; or e. The entity is then exempt from Florida's annual and nonrecurring intangible taxes pursuant to F.s. ! 199,185(4), asa "Charitable Trust" and at least 95 percent of its income is paid to one or more of the above-listed federal tax exempt entities. (2) Amount of waiwm; deferrals available to applicants. Subject to not exceeding the amount of impact fees paid {or to be paid} by the applicant lo the county, the applicant may request wai-Yefe deferrals of all impact fees that arc waivaele elieible for deferral under these provisions, but no applicant shall be granted more than $100,000.00, or 50 percent of the available funding, which ever IS less. ofnot-for-profit~ deferrals, (3) No construction that has obtained an affordable housing deferral under this article shall be eligible for any wetY-ef deferral under these provisions. No construction that has been granted a we:WeF deferral under these provisions shall be eligihle for any county affordable housing deferrals, (4) ;'ofIplieatioRs Reouests for ~ deferrals pursuant to this section 74-203, a. Except as specified in this subparagraph B., the applicant must file a written ~ request for deferral applisatiBB to tho county manager not later than concurrently with payment of the respective impact fees, The county shall not accept any such Bpl'lieatieflfi ~ after the respective impact fees have been paid to the county except in those instances when the Collier County bu.ilding permit that autnorized the respective watwF eligible development was issued after September 7, 2001 and before October 13, 2001 and the development paid the applicable impact fees in full, The applicant can avoid payment of impact fees (up to the maximum arnOW'lt of impact fees that may possibly be ~ deferred for that applicant) only when it is possible that the board may grant the requested ~ deferral before the respective impact fees become due and payable to the COWlt)'. The ttf'plieatien written reQueSl must prove all of the applicable above- specified elements that render the entity eligible for the requested ~ deferrals, lncluding the required tax exemption(s), The county manager may request additional infonnation deemed appropriate to ascenain the applicant's eligibility for tIle requested watYefG deferrals, including criteria notod in F.S, 9~ 196.195 and/or 196.196, b, NEt f'HeFit) shall Be giveR te as}' a.p~HaatieR haeer:l en an) "RFElt eaRll!, HPSt seR'le" BaBiB. The county manager shaH review each applieati8R written reauest to determine eligibility for the requested ~ deferrals, Within 30 days after receipt of the applieatisH ~, the county manager ~ ~ inform the. applicant in writing whether the Ilt'l'lieatiefl reauest is complete, If the applisation reauest is incomplete, the appliutisfI ffl8'j" Be reRlmea te the applicant, shall be notified sfl8SifyiFlg in writing why the 813Iilieatiaa written reauesl faiis to prove that the entity IS eligible for the requested ~ defenal.s. After r~ce;pt of such ~\t:lO.\illllldcd: fP1 iIIllN~,h .~llilli~cted PBgc. 4 or2'i Agenda Item No. 10A February 24, 2009 Page 76 of 462 notice, the applicant shall have an additional 30 days to re-submit an amended 8:f:lplieatisFI reQuest. Failure to meet this deadline shall void the applicantts eligibility for the requested watYem deferrals unless an extension is granted for good cause at the COWlty manager1s discretion. c. After an /tPptieaaan a written reouest is detennined by the county manager to meet the above~specified minimum filing requirements, the county manager shall promptly place the at'plieat:isFl. request on the county's manager portion of the board's agenda. The fiscal year in which the waivef ~ Ojl~li..ti.R is granted or denied by the board shall be the fiscal year that applies to the B:pJllieatian request. The executive summary shall specify the criteria deemed by the county manager to render the applicant eligible (or ineligible) for the requested ~ deferrals. and shall include the county manager's recommendations whether the board should grant the reque!;t in whole or in part, or should deny the request, along with a proposed rese)wtie1\ alll'eement that may be adepteEi executed by (he board that rasntMnS ereeitlt HmHaga that the ~Ii\!a:nt is (aT is Bet) eligiBle fer the reE.l.1:I.esteel . .a.i erl5. No reselatiea aEI'eement shall apply to more than one applicant. Wed.. ars grftflt8il sRall he HRat HHt YIi!JGtea imm.ettiat~) l:tpen aaefitieR sf tfle FI!'Seli:ltiBft. The 82I'eemcnt shall be nreoaroo bv the:: Cowltv Attornev's Office consistent with this chaoter. (5) Not-for-profit ~ deferrals are discretionary and the board's decisions are final. At the conclusion of the defenallleriod the subiett imnact fees for the then~current use arc due and oavable. (6) The county manager may adopt additional generally applicable procadural rules with r:::gard to apfllieatieR requests provided those rules apply to all sjmilarly sittJated applicants and do not impose additional mandatory eligibility requirements upon any applicant. (7) No construction that has applied for or obtained Fee Pa}Tl1ent Assistance Ffunding under Cbapter 49 of the Collier County Code of Laws and Ordinances shall be eligible for ilny waiver deferral under these: provisions. No construction that has been granted a wetYeF deferral under these provisions shall be eligible for any county fIeo ftEayment ii:b:ssislance funding. SECTION THREE. Article Ill, Special Requirements for Specific Types of Impact Fees. Section 74-302, Special requirement3for road impactfee. subsection (g) of the Collier Cou.nty Code of La.ws and Ordinances, is hereby amonded to read as follows: Section 74w302. Special requirements for road Impact fee. ... (g) Annual mid-cycle road impact fee rate indexing. Beginning November ], 2002, the county shall conunence a three-year road impact fee update cycle pursuant toasubsections 74-201(b) and 74-S02(a) of this chapter. OR er aeBl:lt ~le\emeer I, af Durinl2 each of the two mid-years between updatcs1 the county shall implement indexed ~LeJlti$addod:r~'","r!~I~lexti5deleled Pa~5orlS Agenda Item No.1 OA February 24,2009 Page 77 of 462 adjustments to the: cost componenls of design, utilities, mitigation., interchange. canying cost. construction, engineering, inspection ~ the non-land components of right-of-way acquisition costs BB6Bd aR the FleAda :98fJsrtmeBt sf TFa:n~BFt&t:ieR FRee Treeds IndB'tl. based en the three rear histeFieal tread, .:eigl:l.ted aG 25 ~eroflF.lt ef t:r,e [naSh:. The iAaen aajtii>aReBt 1a and the land value component of rights-of-way costs ~ based on ilia tea j'Bar Ri5taAeal treaa jf! telial just "aJa8S fef all f!repefty a6 I:lpsMee ar..nHB.Il;; t1j' 'l.!:! Callier CaliRI) Jlt:epl'ft)' .+"pJ.'faiaer. ';'eigRte~ as 75 J'sreeet pf tR8 iBsen. The Ilf'RuaJ iRBFeaEleS if! the tetaI just. allies fer all prElJ'lert) shall ae 6aflped at 25 I3sresnt fer any gi', en yeW' iRshul.ea: iH iRe R\'erage. Mid eycle iReleJ[l3a~ BH&Rge edjustfReHts shall Be as'apted B) a 1'6ss1loltisfl aflhe beefs flW"EiHlH!.t ta s1:lBseatiefl 74 21QEB) efthis ehftJ!ter. the ucrcentaees of increase set forth in the adooted "Collier County Imnact Fee Indcxin12 Study" oreoared by TindaJc:-Oliver and Associates. me.. in association with Robert W. Burchel1. Ph.D.. as uodated annuallv and in accordance with the indexini!' methodolol:!v soecified in the current and adootcd road imoact fee stud v, SECTION FOUR. Article lIl, Special Requirr!mentsforSpeciflc Types of Impact Fees, Section 74-303, Special requirements for Water and/or sewer impact fee. subsection (8) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Sectlo. 74-303. Special requirements for Water aDd/or sewer impact fee. **. (g) Annual mid-cycle water and sewer impact fee rate indexing. Beginning January 1, 2005, the county shall conunence a three-year water and sewer (wastewater) impact fee update cycle pursuant to subsections 74-201(b) and 74-502(a) of tbis article. In each of l!le two mid-cycle years (between the formal three-year updates) eftEi eegiIlfliag 8A af aSBot J1:UJB 1, :;IRSS, the county shall implement indexing adjustments to each water and sewer impact fce amount by mtflti13I)'iKg the the" 61:1.MRt ',,'ster ana !Sa.ver iruflaal fee Fates hj a ketleR, the Rtllfl.efSter af",'kieh GRall B8 the oerce:ntae:es of increase set forth in the arlootcd "Collier County ImDact Fee Indexing Studv" oreoared by Tindale-Oliver and Associates. Inc.. in association with Robert W. Burchell. Ph.D.. as uodated annuallv and in accordance with the index stated in the board resolution (or ordinance) that implement5 that indexing ami the aSnelfl.iBatar ef taB fi:a.e.til2ffi Bhall a.lse !:Ie (kat iaaell fer ane ) ear 13Aef 1s the psFiad. speeifiea iR the numlKatBf. Hid e.yele. i:Adexse im.pact ref! rate ekenge 116j1:l6tmentli ma.y Be ll4e'!!ted by B. bean! resel\ltian(5~ sr BF6.ifl&nee(s). Water and \';Qets"vater ~ impact fees shall be increased by index.ing only to the extent that increases resulting from indoxing exceed the assumed inflation rate used to calculate the then applicable impact fees. SECTION FIVE. Article llI, Special RequiremenlS fur Specific Types of Impact Fees, Section 74-304, Special requirements for Parks and recreation impact fee, subsection (g) of the Collier County Code of Laws and Ordmances is hereby amended to read as follows: ~Ulltti.addn.l;i-"~lel(i~del~ I"I~ 6 of ZS Agenda Item No. 10A February 24, 2009 Page 78 of 462 Section 74-304. Special requirements for Parks and recreation impact ree. ... (g) Annual mid-cycle parks and recreational/aci/ities impacrjee rale indexing. Collier County Resolution No. 2002-304, adopted June 25, 2002, established a parks and recreational facilities impact fee rate schodulo three-year update program. which commenced on June 25. 2002, pursuant to subsections 74-201(b) and 74-502(0) of this chapter, On aT abew.t Hay 15 afDuring each of the two mid~years between updates. the county shall implement indexing adjustments to each park impact fee amoWlt~ Eie":eleJ!ll'ft88t ea6t eempeH6Rt af tall fee, .....wan is J g ~ere!mt Br the tetal eamm1iRity 13fti'll res ana Sf!. en parssD! aCme teta:l FegisRsI fJarl( fee aRaU Bi! aelj\:lstea 9j' the 6AB.Age if! the flal::ianal JiRgifleeriRg 1'J8'\'5 Reesm CenstrHst-ieR Cest sfihl1l suer the mast resBRt 12 FR8RtR flanoe fer "'Risk the seta 16 a 'silael!, 'Th.B IllfKI east eempSRsnt ef tae fee, ';,meh is 62 p8Fe8Rt aftAe telal eam.9\l:l.Rity paNe fee and 93 persent efthe lebal rsgieRad paBt "B6. shall h l:l.tijttated b86sa 8R tRe pereeatag.e ehange in the eS\:mty \I'/iae jl:lst {ana 'tt:!l:l.es eyer the ffiBst FeSeRt 12 MaRik ~8ri8Ei.far Riea data is B:ailable from the Cellie:r Cel:l.Hty Pr6f1SFty '~fn'a.i&81'. lue', iaeEi t-hat the tatal iS9nas8 is Uta land asmJlanant in ariy )~ar shall H8l 8JU.~eea 13 }Hlf'BIlBt. Mia ll~'ele iOBil1lt'!el FMS e}umge adjkiBtm.eAtS shall Sf aasflt.ea BY a fe8elutl8R aftHe heard pm:awmt t8 sttbseetisR 71 2Gl(b) afiliis eflB:I~ler. based unon the oc:rcental!C:s of increase set forth in the adooted "Collier County Imoact Fee !ndexina Studv" oreoared bv Tindale-Oliver and Assoclates, me.. in association with Robert W, Burchell. Ph.D.. as uodated annually. and in accordance with the indexine: mclbodo102V snecified in the current llnd adooted Darks and recrea.tion imnact fee study. SECTION SIX. Article Ill. Special Requirements for Specific Types of Impact Fees, Section 74-305, Special requirements for Library impacfjee. subsection (g) ofthc Collier County Code of Laws and Ordinances is hereby amended to read as fonows: Sect;on 74-305, Special requlremenu: for Library impact fee. ... (8) Annual mid~cyc[e library impact fee rate indexing. Beginning on May 1, 2004 the county shall commence a three-year library system impact fee update cycle pursuant to subsections 74-201(b) and 74-502(0) of Ibe Code. O. .r oIl.Hl Mal'l of Durine each of the two mid-years between updates, the county shall implement adjustments t8 Bliilaieg Besta bases I:tpSR the BuilElmg aeat iaaen J3rs. icled by tM l!agiReeRag }Ie"/E; :R Beara aRa . eightlla. 8G t;9 perella! sf the iRaon, plUG tfte lihF'll=)' items aest!!, s8sea eH the CeR!lIlFtler PASS Index far the Miami 171. LakiaeFElale ana j3fB'/iElea by the Btife.a1:l. sf l.aber S~ti5tis&. "eiglitea w; 27 pereeJtt Elf thIJ imten, plus the teR year keRB fer ffiaflEet ,al\les sf e61:1ftt)~. iae land (iael1:l.eling !:ll;lUdiflga a.ml SHl:let\:l!es) pl:tblioollld Bj tall Cellier CetlRt)' Pr91!eFty f4'praise.F1s gfflee, v eigt.teel as 13 pereant sf the inde)t, Mid 6)'81e issenea fate 6BBflgll adjustlTieRta ..ill Be aasJ:1tea B) a J'es81\:l~e8 eft.ae l;e&fS J3l:lF5\liH'lt te sl:lBGcebeR 71291(13) efthis eRElJ;'Iter. based uoon the oercentaees of increase ~lntisaddoll;ill'1l1hlh; W.lexliJdcle~ patt7or2S Agenda Item NO.1 OA February 24, 2009 Page 79 of 462 set forth in the adooted "Collier County Imoact Fee Indexim! Studv" crenated bv Tindale.Oliver and Associates. Inc. in association with Robert W. Burchetl Ph.D. as undated annually. and in accordance with the indexim!: methodology soecified in the current and adonted library ironaer fee study. SECTION SEVEN, Article III, Special Requirements for Specific Type.s of Impact Fees, Section 74.306, Special requirements for Emergency medica! se",ices impact fee, subsection (g) of the Collier County Code of Laws and Ordinances IS hereby amended to read as follows: Section 74-306, Special requirements for Emergency medical services impact fee. ... (g) Annual Mid-Cycle Emergency Medical Services Impact Fee Rate 11ldexing. Begirming on February 28, 2006 the county shan commence a three-year emergency medical services impact fee update cycle pursuant to subsections 74-201(b) and 74- 502(.) of the Code. In ellCh of the two mid-cycle years (hetween the formal three-year updates) eegiflning aH at abswt } pAll, 2gQ7, the county shall implement adjustments to the emergency medical services impact fee rates thrSligh adj\iBbR8Fl.t3 t8 lanB, eailliiRg, artl lJil:WipMBJl.t Beats baaed en j1:lBt prep8ft)' lah:lBS puldi6kaEl BY tht.' Celli8f Ceunt)' Pf'apeft:,. .\ppr-aiser's Offiee, 'auilaiRg esst iaa!il I'u'91ished 'B'i lAe BAgiaeeARg News ReesHi, anti the CSflSlilRer Pris" LHdsl' I'lil:dishBG by the U.S. Dep.artmsHt sf 1&SSF, BlHS8\i afl.ahar S\atisties Q6 slleeisea. m the ifFt~B.st fee ~a.8te stud.). Hil:l syels iRBl!llefl rate skange aaj1:lskReats shall Be adaptea. B) B. rssshatioA. af the beard JH:lFS\;Iant te !ll:lBseetisR ;' ~ 291.'8. sf tRia sflllptsr. based UOO" the oercentalles of increase set forth in the adonted "Collier County Imoact Fee Indexini! Studv" creDared bv Tindale-Oliver and Associates. Inc.. in association with Robert W, Burchell. Ph,D.. as uodated annually. and in accordance with the indexiol! methodololN soecified in the current and adooted emeri!encv medical services imoBct fee studv, SECTION EIGH1, Arncle Ill, lipecial Requlremenrs for Specific Types of Impact Fees, Section 74-307, Special requirements for Educational faCilities impact fee, subsection (g) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-307. Special requirements for Educational facflities impact fee. ... (g) AI111ual mid. cycle educational facilities impact fee rate indexing, Beginning on May 9, 2006, the county shall commence a three-year educational facilities impact fee update cycle pursuant to suhsections 74-201 (b) and 74-502(.) of this chapter. O..r ....1 May 1 sf .IlYr:i.ng each of the two mid-years between updates, the county shall implement adjustments te bbli1ding aeeta essea Iofl'oa the euildiog eaat iaehiJi f1f6"ieea BY tr.e ~AgineeFiFlg }~e' B P..eeerd BAd "'eigHoB. ~ 79 l'eFeent Betke iRe.en, phiS 'He SliuipRteflt ami ., ehiele eBata, 'easetl 80 the CSfl:ill:ifRef PRss .l:ndelI fer the Miami Fe b.llU.seraale aFea. llnderlin/'/l",..tis.dded:rv JIll &41~xlildel~ P.ie6orIS Agenda Item No. 10A February 24, 2009 Page 80 of 462 }3ra"i~el:l by the BaF68'1i ef wer EtM!!iBBS, \\'8igfiUB as RiBs J!eFeBat sf ~e iAsen, plus me teR ) ear kisteFie&l a-SReJ in tet~ just "a!yet fer all eSl:mly::ir:fe pF8J'18FtJ' (iaeh.uhag aHilalRgs ana &a=ustwrse) pUBlisk.Ba BY tha Callier CS\:Hl.t) PfSpeFtr }.flflfllisBf'5 Offiee, v eightea a:5 12 flSFeeRt eftfto iRee]" Mia El)l:lle iattl!lllea rate t!JHange adjtistftt8816 skall be a9a~teEl by a resshuisB sf the heBfti rHiFSl:laRt 1B IlHl:!aeetisFI 74 2Ql(9) ef !:his sBap:teF. based uoon the oercentaQ"es of increase set forth in the adoDted tfColtier County Imoact Fe~ Indexine: Study" orc:oared bv Tindale-Oliver and Associates. Inc.. in association with Robert W. Burchell. Ph.D.. as updated annually. and in accordance with the indexing methodology specified in the current and adot':ltc:d educational facilities impact fee study, SECTION NINE. Article m. Special Requirf!men~' for Specific Types of Impact Fees, Section 74-308, Special requirements for Correctional impact fee, subsection (g) of the Collier County Code of Laws and Ordinances is hereby amended to read as fonows: Section 74-30&. Special requlremeats {or Correctional impact fee. ... (8) Annual Mid-Cycle Correctional Impact Fee Rate Indexing, Beginning on November I, 2005, thCl county shall commence a three-year Correctional Impa.ct Fee update cycle pursuant to .ubsectioDJl74-20I(b) and 74-502(a) of the Code. In eacb oflhe two mid-cycle yean; (between the formal thrce~year updates) 'eegilmiag an el' aheut Mar ~ the county &hall implement adjustments to the correctional impact fee rates based upon the building cost index. pra'. iE!eEl BY the EngmeeRa& tra',VG ReeaTE!. tiia 6yele ifldeJ:eEl fll.te el'umge aelj1cl.9tmIl.n'.s 'viII be lHi~te8 hy a leaelutien sf tke BBQl'..Q fHH'!illoot tEl G\li8saetisn 71 ::lid} fa) eftms 1ii11&f3'ter. percentane set forth in the adODted IlCollier County Imo8ct Fee Indexinl! Studv'! Drenared bv Tindale~Oliver and Associates. Inc.. in association with Robert W, Burchell. Ph.D.. as undated annually. and in accordance with the indexinll methodolo~ suecified in the current and adonted correctional i1l\P8ct fee study. SECTION TEN. Article ill, Special Requirements for Specific Types of Impact Fees, Section 74.309, Special requirements for Fire impact fee, subsection (g) of the Collier County Code of Laws and Ordinances is hereby amended to read As follows; Seetion 74-309. Special requirements for Fire lmpact fee. ... (g) Annual Mid~Cycle Fire Impact Fee Rate Indexing. Beginning on February 28. 2006. the county shall commence a t:hree~year fire impact fee update cycle pursuant to subsections 74-201(h) and 74-502(a) of the Code, In each of the two mid-cycle years (between the fonnal three-year \.lpdates) beginnialS eFl aT eeQt Ha~' 13 I 2097, the county shall implement adjustments to the fire impact fee rates 1Me1:Jgh aaja&tmtmUi ts 8E[tlil"RHIPlt S8StS Baeas eft. the CeRB~Rl.er Pr:iee In~BX pooli9hea BY tall u.s. Depar1mefl.t ef ~ lnl i..daK; I:loI.I.. lh"",,,.~ lext i~ d~lc.wl Pace 9 or 2~ Agenda Item No. 10A February 24, 2009 Page 81 of 462 Leeer, Btlf6a:e ef LPri:ler Slatist:.es as speeilled :.8 \he ifflpaet fee apliate Btklllj. Mist eye-Ie iRB.6J1Sa rate eh:al.ge aajY5tmeats skall Be aeB~tea 13)' a resel"1:l~ieR artful l;ellf'd lHtFEil:l6Rt t9 sl:IBseetieB 7A 291 b. ar this ehapter. based UDon the percentages of increase set forth in the adopted "Collier County Imnact Fee lndcxine. Study" Dreoared bv Tindale-Oliver and Associates. Inc.. in association with Robert W. Burchell. Ph.D.. as uudated llMuallv. and in accordance with the indexiDlZ mc:thodoloev soecificd in the current and adoDted fire imoact fee study, SECTION ELEVEN. Article lI!, Special Requirements for Specific Types of Impact Fees, Section 74~310, Special requirements for General government building impact fee, subsection (g) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74.310. Special requirements (or General government building impact fee. ... (g) Annual mid-cycle general government building impact fee rate indexing. Begirming February 10, 2004, the county shall commence a threcMyear general government building impact fee update cycle pursuant to subsections 74-201(b) and 74- 502(a) of thi, chapter, o. or '~'"l }l., ,mlr.r 1 of Durin. eac~ of the two mid-years between updates, !.he county shall implement adjustments \8 laRd and InEildiFlg easES bases aft jl::lst ~F~eFt=) . a-ltll:lB IHihIis.hee ill' the Callier Caue~' PrSflBFt;..' A1!l"raiBsr's omes 81I.l'J huildiRg Bast iR~ell J1$lished il~ IRe BngmililRng ~llJn,s Reaerd. Hili ilyelil IHge1.eri rate 8kangll 8fljltBtffleRt& sHaH be alieptetl by a resallJtieR ef~e eeard pU:fS1:laRt 18 s~h!ieetj6R 71 2g 1 (8) sf tRia shapter, based unon the oercentaees of increase set forth in the adoDted "Collier County lmoact Fee Indexine. Stud v" orooarcd bv Tindale.Oliver and Associates. IDC.. in association with Robert W. Burchell. Ph.D.. as undated annually. and in accordance with tbe indexini:/: methodoloi!'v snecified in the current and adootc:d generalllovemment buildinll irnoact fee study. SECTION TWELVE. Article III. Special Requirements for Specific Types of Impact Fees, Section 74~311, Specjai requirements for Law enforcement impact fee, subsection (g) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: SectioD 74-311. Special requirements for Law eBforcement impact fee. ... (g) Annual mid-cycle law enforcement impacrfee rate indexing. Beginning June 14, 2005, the county shall commence a three-year law enforcement impact fee update cycle pllr5uant to ,ub,eetions 74-201 (b) and 74-502(.) of this article, In each of the two mid-cycle years (between the format three~year updates) heginning 6l'1 at &bailt .\.\:l~st I.. ~ tbe county shall implement adjustments tEl land, l11:HlaiBg, and 8<p:li}'3ffiI!lRt eor;ts sasee eA jast prs~eFty alae!! f'ltt61isAed B) the Callier Cew.l) PrapMty .\:PJlTai68r'e Onlse, 91:lihliag east laaen pHsJiaRI!l6 h~' ilia Eagi'Reefing }le\i'6 ReeaTe, aRa the ~ ~XI i~Jd"~"; rlPlul ~ AI' Il:x{udc::lctDd PlgclOQf:zS Agenda Item No. 10A February 24, 2009 Page 82 of 462 CSFlGl:i.fR!lF Prise Ineex j3liS1ishea \;~. Uu V.S. DopaPlmeat sf LaBar, Bu.reaH sf laser S'tatiatisa Hid eyele iRaaned fate Garmgs aEljustmsRts saall ~e adapted oy II reselatisH of tae Beare "l'l:l.f9t!ant 1a saBseeti88 71 2{H(a) sethi!! ahapter. based UDon the oercentae:cs of increase set forth in the adooted "Collier County Impact Fee Indcxinp: Studv" oreoaJ"cd bv Tindale-Oliver and Associates. Inc._ in association with Robert W. Burchell. Ph.D.. as uodated annllaJlv. and in accordance with' the indcxinl! methodolol!V soecified in the current and adoDted law enforcement imDact fee study. SECTION TIlIRTEEN, CONFLICT AND SEVERABILITY, In the event this Ordinance conflicts with any other Ordinance of Collier County Dr 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 a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions. SECTION FOURTEEN. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinanoes of Collier County, Florida, The sections of the Ordinance may be renumbered or re- lettered and internal cross~rcferences amonded throughout to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIFTEEN. EFFECTIVE DATE. This Ordinance shall become effective on lanuary I, 2008. PASSED AND DULY ADOPTED by the Board of County Cummissioner. of Collier County, Florida this ~b"" day of J IAn (. ,2007. ATTEST Dwight E. liroe~ Cfetk . ,:" BOARD Of COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA eputy Clerk By: #~ (tU J~S COLETTA, Chairman ~texli.lldd~;J;\f\lII.lh'I~gj,lcllt;~oclolcil This ordincnce tiled with the S~retory of State's Office tho ..l....dcycf~, ~~ Qnd ocknowledgome"t of ~Qt filin:1irec&ived this ~ day 01'0 ~ 1 ;'. , ~p<ct~\ -..,0..... PagclJof25 APPENDIX A SCHEDULE ONE: ROiUllMPACT FEE RATE SCHEDULE Rcsidenthl1 Smgl, Family Detached House Less than 1,500 sq, ft, (Annual Housc:hold Income S; Poverty Level) Less than 1,500 sq. ft. (AlllluaJ Household Income S; 50"1a of Collier Counly Median Annual HousI:hold Income) Less than 1,500 sq. ft. t ,500 to 2,499 sq, ft, 2,500 sq. ft. or larger Multl.Family (1-2 Stories) Multi-Family (3-9 Stories) Multi-Family (Above 10 Stories Assisted Living Facility (ALF) Condominiumff ownhouse Mobile Home Retirement Community High-Rise Condominium Lodging Hoto] Motel Resort Hotel RV Park Recreation Golf Cou"" Moyie Theaters Marina Institutioolll Hospital Nursing Home Church Elementary School Middle School High School Jr.ICslRJiumity Callege Un.i"srsity University/Jr. Collcl?:c <7.501 Students University/Jr. COnCRe >7.500 Students Day Care EfFECTIVE JANUARY 1. 2008 Rate $2,oJ7,99$3.420.19/dwclling unit f),:S:.90$4.872,83/dwelling unit ~o,Jj9.09$8.247.621dwelling unit $8,881.00$11.522.55/dwcllmg unit ~9,8g1.90$12.819.55IdweIling unit $0,210.00$8,054 37 dwelling unit ~0,JJi.OO$8.220,39/ dwelling unit 1),830,00$4,954.54/ dwelling unit ~$I,032 41/ dwelling unit $6,059.00$7858.52/ dwelling unit ~1,1J1.00S5.36l.B0/ dwelling unit $2,216.90$2 913.06/ dwelling unit $1,2n90$5,488.90/dwelling unit U,9E7.00$7.76S, 14 ocr room $3,828.00$4,964.92 per room $5,256,00$6,817,03 per room $3,300.00$4.280.10 site ~801,1M.00$I,043,392,40/ 18 Holes $12.389.00$54.978.53 per screen 13,S80,00$4,643.26/ boat berth $11,198.00$18.414,81/1,000 sq. ft, $1,110.00$1.486,36 per bed ~8,022.oo$JO.404.53/I,OOD sq, ll, ~$1.111.53 per student $1,188.00$ 1.540,84 per student $],312.00$1.740,57 per student $1,302,00 Per gta~ont ~2,710.00 PO[ gl1l~.nt $2,926.03 per studenl $2,153.02 per student ~$1.232.15 per student ~lCllliJaddt:(I;rinli'\}-lI"u::di,lfelClcd hl~\2\lf'.!.S Agenda Item No. 10A February 24, 2009 Page 83 of 462 Agenda Item No. lOA February 24, 2009 Page 84 of 462 Office Office 50,000Sq Ft or less Office 50,001-1 OO,OooSq FI or less Officc 1 00,OOI-200,OOOSq Fl orless Office 200,001-400,000Sq Ft or less Office Greater than 400,000Sq Ft Medical Office U;,47R QQ$20,074.97/1 ,000 sq, ft. $13,122.09$17,019,23/1,000 sq. ft, tll,113,99$14 413.56/1,000 sq. ft. $9,111.99$12,206,0711,000 sq, ft. $&,;)3,99$11 054.3311,000 sq. ft, n".89,00$47 585.63/1,000 sq. ft, Retail Specialty Retail Retail 50,000Sq Ft. or less Retail50,OOI-IOo,oOOSq Fl RetailI00,001-150,000Sq Fl Retail I 50,001-200,000Sq Ft RelaiI200,OOI-400,OOOSq Ft RetaiI400,001-600,000Sq Fl Retail 600,001- I ,000,000Sq Ft Retail greater than I,OOO,OOOSq Ft Pharmacy/Drug Store wlDrive.. Thru Home Improvement Superstore Restaurant: High Turnover Restaurant: Low Turnover Restaurant: Drive.in Ga.soline/Service Station Supermarket Quick Lube Convenience Store Convenience Store w/Gas Pumps UI,n7.oo$28.517.14/1,000 sq, ft. $13,953.00$18.097,04/1,000 sq. ft. tI3,198,99$17117,81/1,000sq. ft, $12,;11 Q&$16,486,17/1.000 sq. ft, $12,033.00$16385,00/1,000 sq. ft, $11 ,710.QQ $1 5,195.6511,000 Sq. Ft. $12,713.9&$16.487.46/1.000 sq, ft. $13,;;~.00$17.608,07ll,OOO sq, ft. $1~,;83,9&$21.508.1511,000 sq, ft, $I3,3&8.09 $17.260.4811,000 sq. fl. $13,21~,OO $17,141.15/1,000 sq. ft. $;5,73;,9&$72,288301,000 sq. ft. $11.864,9&$58.188.61/1,000 sq, ft. $131,915.09$171.093,76/1,000 sq. ft. $7,519.9&$9.791.05 per fuel positiop $16,711.09$21713.08/1,000 sq. ft, $13,110.00$17.491,34 per bay $19,913,99$116,656.0711,000 sq. ft. $J7,;75.0g$48.734,78 oer fuel positioo Services Tire Store NewtUsed Auto Sales Luxury Auto Sales Bank/Savings: Walk~in Bank/Savings: Drive-in Car Wash $19,958.9&$13,045,23 pcr bay $25,93;,00$33,637,7011,000 sq, ft. t13,8j ;.90S17 920.6511,000 sq. ft. $12,;09,QO$55.381.90I1,OOO sq. ft, [13,.90.99$108.545.93/1,000 sq. fl. t33,996.9&$43.976.08 per bay Industrial and AgrJcultunl General Industrial Business Park (Flex-space) Mini-Warehouse $7,973,Q9$9,1 76,28/1,000 sq, ft, $U,99~,Q9$16,855.8JI1,000 sq. ft. $I,J6S.09S1,770 41/1,000 sq, ft. ~tsKfisllddod;rllolll~!b.ttexf!.6cl~ I'JI~\3or25 Agenda Item NO.1 OA February 24,2009 Page 85 of 462 APPENDIX A SCHEDULE TWO: WATER AND SEWER SYSTEM IMPAIT FEE RATE SCHEDULE EFFECTIVE JANUARY 1. 2008 INDIVIDUALLY METERED SERVICE LIVING SPACE (SQ.FT,) ERC METER WATER SEWER VALUE SIZE IMPACT FEES IMPACT FEES o TO 4,999 ~ ~ (AND NO MORE THAN 4 1 3/4" $3,616.49 $3,722.39 -. BATHROOMS) 5,000 OR MORE ADFI ~ (OR MORE THAN 4 350 ERC VALUE x $3,722,39 BATHROOMS) (min value of PER ~ ERC VALUE x 1.0) EOR $3 616.49 {rounded (minimum 11",108 ~ Non-Residential to the ~ $3,722,39 nearest (minimum vatue lenth) ~ <3 722.39' MASTER METERED SERVICE LIVING SPACE (SQ. FT.) ERC FREQUENCY WATER SEWER VALUE OF FEE IMPACT FEES IMPACT FEES Residential Unit ~ 0 TO 750 0,33 Per Unit ~1,12..90 .1,lGO,90 $1,191,38 $1,226.44 Residential Unit - 751 TO 1,500 0.67 Per Unit $2,200 gO $V...gg $2,425,11 $2.493.95 ---- _._---" Residential Unit. 1,501 TO 1 Per Unit $3,41000 $3,.1..g9 4,999 $3,616.49 $3,722.39 Resider'ltiel Unit - 5,000 OR ADFI ~ MORE (OR MORE THAN 4 350 ERC VALUE X $3,722.39 SA THROOMS) {mil'. ...slut) of I ~ 1.0) $3,616.49 ERC VALUE x (rounded (minimum value ~ Non.Residential 10 the $3,44l; $3 616.49) $3,722,39 nearesl (minimum value tenth) ~ <3 722.39\ ACRONYM KEY, ADF - Average Daily FlowlI for propo.ed un 81 provided by EOR EOR ~ Englne.r of Record for projDct ERe - ECjulvlilllent ResIdential Conn&ction (1 ERe = 350 gallons per day) ~1el'lis.~ll~d;Sl~!l:xli.ideleled I'lse\4ur15 Agenda Item No. 10A February 24, 2009 Page 86 of 462 APPENDIX A SCHEDULE THREE: PARKS AND RECREATIONAL FACILITIES IMPACT FEE RATE SCHEDULE EFFECTIVE JANUARY 1. 1008 COMMUNITY PARKS (Calculated on Livinll Are.): LAND USE: RATE PER SINGLE-FAMILY DETACHED: Less than 1,500 sq. ft. 1,500 to 2,499 sq. j\, 2,500 sq. fl. or more ~ $1.075.25 $1,027,90 $1181.05 $1.l19,OO$1.286.85 ~ $862.50 Dwelling Unit Dwelling Unit Dwelling Unit MULTI-FAMILY Dwelling Unit MOBILE HOMEIRV PARK JW;!4,OO$1.062.60 Pad HOTELIMOTEL ~$578.45 Room REGIONAL PARKS (Calculated on LlvlnE Area): LAND USE: RATE PER SINGLE-FAMILY DETACHED: Less than 1,500 sq. ft. 1,500 to 2,499 sq. ft. 2,500 sq. fl.. or more $2,008.00 $2.378.20 Dwelling Unit S2,J,)2,9G $2,612 80 Dwelling Unit S2,1,)',00 $2.847.40 Dwelling Unit MULTI-FAMILV tl,0l9,QO $1.907.85 Dwelling Unit MOBILE HOMEIRV PARK $1,OI;,OG$2.351.75 Pad HOTEL/MOTEL $1,113,00 $1.279,95 Room Note: Community Parks Impact Fees do Dot apply lo the City of Naples, City of Marco Island and Everglades City. l..1n.lImUJwjWlllllad4cd;r.."..Il!trwthLllll.(lIdllllllod hge15 of2S Agenda Item No. 10A February 24, 2009 Page 87 of 462 APPENDIX A SCHEDULE FOUR: CORRECTIONAL FACILITIES IMPACT FEE RATE SCHEDULE EFFECTIVE JANUARY 1. Z008 Land Use Correctional Facilities Impact Fee Pcr Square Foot Single-Family Detached $0.1 Q.76t.lll per 'quare foot' Other ResidcntiallNursing Home ~~er square foot'" Non-Residential: Lodging Hotel! Motel ~SO.346 per square foot Medical Hospital ~iQ..>fl per square foot Commercial Office ~$O.240 per square foot Retai VCommerciallRecreation ~$O,6 \ 1 per 'quare foot RestaurantJBar ILoWlge ~$O,611 per square foot Industrial IManufacturing ~~ per .quare fool Leisure/Outdoor ~ per square foot . l'oe Correctional f'aciliues Impact Fee is cappc;d based upon the ftt applicable to a 4,000 square foot: (living area) Single-Fllmily Detached dwelling uort. ... TIle Correctional fl!;ilitics Impact Fee is GiLpped based upon the fee applicable Lo ill 4.000 square foot (living: area) Other Residential dwelling unit. The cap doei not apply to the aqunc footage ofNur;ing Homes. ~lUli5Il1dm;l:~ 11:.~NlllV 19.1 rs dcltltd ".gtIOo(25 Agenda Item No. 10A February 24,2009 Page 88 of 462 APPENDIX A SCHEDULE FIVE: FIRE IMP ACT FEE RATE SCHEDULE E}tFF.CTrvE JANUARY 1.2008 Ocbopee Fire Control and Rescue District Residential: ~ 1Q1iper square fOOI~ (M,mi..."", foe afU,96Q)* Non-Residential: ~~.qlUU'efoot Isle. of Capri Fire CODtrol aDd Rescue District Residential: $G,#~er .quare foot~ (MB:Jf.im\:lnt fee efSt,~49)"'* Non-ResidenrjaJ: $-hQ8 ~ per square foot ... The Ochopee Fire Control and Rescue District Impact Fee is capped based upon the fee applicable to a 4,000 sqllafC foot dwelling unit *'II The Isles of Capri Fire Cootroland Rescue District Impact Fcc is capped based upon the fee applicable to a 4,000 square foot dwelling unit ~1~:o:tl'Added;il"1r"'r,~.IlI"llltlcletcd hgtl70rzs APPENDIX A Agenda Item No. 10A February 24, 2009 Page 89 of 462 SCHEDULE SIX, EDUCATIONAL FACILITIES IMPACT FEE RAn; SCHEDULE Housing Type Single-Family Less than 1,500 square feet 1,500 - 2,499 square feet 2,500 square feet or larger Multi-Family Mobile Home EFFECTIVE JANUARY 1. 2008 Impact Fee Rate {per dwelling unit} t8,228.00 $9,206.00 $10,017.00 ;2,86200 tS,711.S{} $9.026, \2 llQ,098.98 $10,988.65 $3,139.61 $6.279.23 ~texli5I<1decl;!;LI]lIrlu.hll:~ti~dll\~led f'ageISof2:S APPENDIX A Agenda Item No. 10A February 24, 2009 Page 90 of 462 SCHEDULE SEVEN: EMERGENCY MEDICAL SERVICES IMPACT FEE RATE SCHEDULE EFFECTI~ JANlJARY 1.1008 Impact Fee Land Use Category Residential: Less than 1,500 square feet 1,500 to 2,499 square fect 2,500 square feet or more Transient, Assisted, Group: Hotell Motel Nursing home Rel;reational: Marina Golf Course Movie TheatCT with Matinee lostitutions: Hospital Elementary School Middle School High School Junior/Community College University/College Church Day Care Center O(fice and Financial: Office 50,000 sq. ft, or less Office 50,001 - 100,000 sq. ft. Office 100,00\ - 200,000 sq, ft, Office 200,001 - 400,000 sq. fl. Office greater than 400,000 sq. ft. Medical Office Retall (Gross Square Feet) Specialty Retail Retail 501000 sq. ft. or less RelaiI50,00\ -100,000 "I' ft, Retail 100,001 - ] 50,000 sq. ft. Retail 150,00 1 - 200,000 sq. ft, Retail 200,001 - 400,000 sq, ft, Retail 400,001 - 600,000 sq. ft, Retail 600,001 - 1,000,000 sq. ft, Rctail over 1,000,000 sq. f\, Pham1acy/Drug Store w/Drive-Thru Home Improvement Superstore Quality Restaurant High-Turnover Restaurant Fast Food Rest. w/Drive-tluu Gas/Service Station Quick Lube Supermarket Convenience Store Convenience Storo w/Gas Impact Fee Rate ~ ll!b.42 per dwelling unit ~ ~ per dwelling unit ~ UlZJl per dwelling unit ~ ~ per room ~ ~perbed ~ ~erbertb t1,73QS7 $5,289,22 per 18 holes ~ $786.30 per screen W4,94 $4.9+ = ~ ~ WMiJ. $4M4+ ~ ~ ~ $W,% ~ ~ U4h4& li2QM per LOOO sq. ft. $5,49 per student $6,39 per student $7.31 per student $5.49 per student lllJ.6. per student ~ per 1,000 sq. It, $5.49 per student illW per 1,000 sq. ft. $117.95 per ],000 'q, ft, ~pcr1,OOOsq.ft, $85,94 per \,000 sq, ft. $73,14 pcr 1,000 sq. ft. illil1 per LOOO sq, ft, ~ $137.15 per 1,000 sq. ft. ~ ~per 1,000 sq. fl. ~ $240.46 per 1,000 sq. fI ~ ~ pcr 1.000 sq. ft, ~ $260.57 per 1,000 sq, ft ~ S228.58 per 1,000 sq, ft. ~ $233.J5per 1,000sq, ft, ~ mill per 1,000 sq. ft. ~ $191.09 per 1,000 sq. fl. ~ $171.89 per 1,000 sq. fl, ~ li!iWper],OOOsq.ft. ~ ~ per 1,000 sq. ft. ~ ~per ],000 sq. ft, ~ $800.D2 per 1,000 sq. ft. ~ $t81.03 per fuel position ~ $106.05 pc:r service bay ~ $185.60perl,OOOsq.f1, ~ $JB7.67perl,ODOsq,ft. ~ ~ per fuel position ~teJI.liIMlded;r'T][hlli~ptclltia:delelcd hse19ofZ3 Auto Repair Tire Store New and Used Car Sales Self Service Car Wash BankfSavings Walk-in Bank/Savings Drive-in Industrial: General Industrial Business Park Mtni~warehouse Agenda Item No. 10A February 24,2009 Page 91 of 462 ~ ~perl,OOOsq,ft ~ $142.63 per service bay ~ ~ per 1.000 sq. ft. ~ ll71J.!l per service bay ~ $234.97 per 1,000 sq. ft. ~ $189.26 per I,OOOsq, ft. ~ ~perl,OOOsq,ft. W..:I3 12UJ. per 1,000 sq. ft. ~ $6.39 per 1,000 sq, ft. ~lc:ll.llladded;ip'.ll1t ,~Wl:I;sd~leled f'~ge 20 Dns APPENDIX A SCHEDULE EIGHT: LIBRARY IMPACT FEE RATE SCHEDULE EFFECTIVE JANUARY 1. 2008 Land Use Ca.tegory Impact Fee Rate Single-Family Detacbed: Less than 1,500 square feet ~ $503.49 Der dwelling unit 1,500 \0 2,499 square feet ~ $553.84 'Oer dwelling unit 2,500 square feet or more ~ $600.16 per dwelling uni, Multi-Fantlly ~ $402.79 Dcr dwelling uni, Mobiie Home ~ $497.44 per dwelling unit ~!el(lilldded;':t..~'Lll;.tlLcK\irdeletcd P~ge21 Df":!:5 Agenda Item No. 10A February 24, 2009 Page 92 of 462 APPENDIX A SCHEDULE NINE; GENERAL GOVERNMENT BUILDING IMPACT FEE SCHEDULE EFFECTIVE JANUARY 1. 1008 LIIDd Use Resideotial: Single Family: Less than 1.500 sq ft 1,500102,499 sq ft 2,500 sq ft or more Rate ~ $796.05 ~ $886.09 ~ $967.34 W<l.OO $450.18 ~ $640.13 Multi Family Mobile Home Transieot, Assisted, Group HotelfMotel Nursing HomelALF m+,OO $41-4,00 Recreational Marina Golf Course Movie Theater with Matinee t&9,OO i8,391.99 ~3,712,99 InstttutloDS Hospital Elementary School Middle School High School Junior/Community College University/College Church Day Care Center ~ ~ ~ ~ ~ WhOO ~ ~ Orlice and Financial Office 50.000 sq. fl.. or less Office 50,001-100,000 sq, ft, or less Office 100,001-200,000 sq, ft, or less Office 200,001-400,000 sq, ft. or less Office Greater than 400,000 sq. ft. Medical Office m.;.,oo i#7.OO ws.oo ~ ~ ~ RetaU Spl:cialty Retail Ret.lI 50,000 sq ft or less Retail 50,001-100,000 sq. ft. RelaiJI00,001.150,000 sq. ft. Retail 150,001-200,000 sq. ft. Ret.il 200,001-400,000 sq. ft, Retai1400,001-600,000 sq, ft. ~ ,1,209.QO ~ I, I );,09 iI,OIO.OO iI,2J9.Q9 n ,Q79.Q9 iI,t91.QQ ~te"li$l(kfgd;iIl'Jg'I\o,IOl~8~1.l::~tlJdcleted 1'''6C22af1.5 $341.48/Room $454.57/Bed lliAJ,/Berth $9,21J.32/1 8 Holes $4.075.78/Screen $781.78/1,000 sq, ft. ~/Student $32,94/Student $38,43/Student ~StudeIlt lliA2IStudent ill!U1J1,000 sq, ft. $28.55/Student U2.L2li/l,OOO sq. 1\. $611.59/1,000 sq, ft, illillIl ,000 sq. 1\. ~/1,000 sq. 1\. $378.81/1,000 sq, ft, $820,21/1,000 sq. ii. $710.4\11,000 sq. ft. $1.360.42/1,000 sq. 1\. $1.246.23/1,000 sq. ii. $1.108,98/1,000 sq, 1\, $1.350.54/1,000 sq, ft, $1.184.74/1,000 sq. 1\, $1.208.90/1,000 sq, ft. Agenda Item No. 10A February 24, 2009 Page 93 of 462 Retail 600,001.1,000,000 sq. ft, Retail greater than 1,000,000 sq. ft. Pharmacy/Drug Store wlDrive- Thru lIome Improvement Superstore Qua]ity Restaurant High Turnover Restaurant Fast Food Rest. wIDrive. Thru Gas/Service Stulion Quick Lube Supermarket Convenience Store Convenience Store w/Gas Tire Store NewfUseu Auto Sales Self Service Car Wash Bank!Savings: Watk.in Bank/Savings: Drive-in Industrial General Industrial Business Park Mini~Ware:house :il,101.00 ~ ~ ~ ~2,922,9g ~J,Q,G,OO $3,777.00 w.>,OO ~ ~ U,8JO.09 n,S78,QG ~ ~ W6,OO $1,109.00 ~ ~ ~ ~ $1.208.90/1,000 sq, 1\, $990.40/] ,000 sq. ft, $891.5811,000 sq, ii, $843.26/1,000 sq, It $3.208.36/1,000 sq, j\, $3,359,88/1,000 sq, fl. $4.147.1511,000 sq, fl. w.12/fuel position lll!lJQlbay $961.85/1,000 sq. fl. $2.0093411,000 sq. ft. $2.062,04/fuel position ~lbay $820.2111,000 sq. fl. $895.97/bay $1.217.68/1,000 sq, j\, mul/t,OOO sq, 1\. lliUQl1,OOO sq, 1\, $474.34/1,000 sq. fl. $32,94/1,000 sq, j\, ~l\:xll.lKIl1C'd;[IPIIIiIII1r~~ihlo.tilideleted 1'Igel:iof15 Agenda Item No. 10A February 24, 2009 Page 94 of 462 APPENDIX A SCHEDULE TEN: LAW ENFORCEMENT IMPACT FEE RATE SCHEDULE Land Use Residential: Single-Family: Less than 1,500 square feol 1,500 to 2,499 square feet 2,500 square feet or more Multi-Family M:ohi Ie Home Transient, Assisted, Group Hotel/Motel Nursing HomeJALF Recreational Marina Golf Course Movie Theater with Matinee Institutions Hospital Elementary School Middle School High School Jr.lCommuniry College L'niversity/College Church Day Care Center Office and FiDB.DC'ial Office 50,000 sq, ft, or less Office 50,001-100,000 sq. ft, or less Office 100,001-200,000 sq, ft, or less Office 200,001-400,000 sq. ft, or less Office Greater than 400,000 sq. ft. Medical Office Retail Specialty Retail Retail 50,000 sq. ft. or less RetalI50,OOI-100,000 sq. ft. Retail 100,001-150,000 sq, n. Retail 150,001-200.000 sq, ft. Retail 200,001-400,000 sq. n, EFt'KCTIVEJANt.:ARY 1. Z008 Rate ~ ~ ~ WJ-4l. ~ ~ ~ $309,75ldwelling unit $344.54Idwelling unit $375.87IdweUing unit $186.20/dwelling unit $257.54Idwelling lilli, ml2/Room $ I 67.05/Bed ~ lli2!/Berth $l,J7UQ $3,661.22/18 Holes ~ IDWiScreen ~ $-l44.l .$J.M4 ~ $~ ~ $St...19 :>8.00 ~ WhU ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ $346.2911,000 sq, ft. $15,66/Studenl $19.14/S1OOent $2U8/Student $24.36/Studcnt $55.68/Student $88.741\,000 sq. ft, $8,70/StuJent $219.2611,000 sq. ft. ~1,000 sq. ft, ~!I,OOOsq, ft, $135.7311,000 sq. ft, illW/I ,000 sq. ft. $274.94/1,000 sq. ft. $34 \.0611,000 sq. ft. ~I,OOO sq. ft, $518.5511,000 sq. ft. ~\,OOO sq, ft. ~1I,OOOsq. ft. $457.6511,000 sq. ft. ~IUliliaddcd;IlIl'I\;lhl~",iUir;dl:lelCd Pagc2.4or25 Agenda Item NO.1 OA February 24, 2009 Page 95 of 462 Ret.iI400,OOl-6oo,000 sq, II, Retail 600,001-1,000,000 sq. fl, Retail greater than 1,000,000 sq. II, Pharmac)'lDrug Sto~ wfDrive- Thru Home Improvement Superstore Quality Restaurant High Turnover Restaurant Fast Food Rest. w/Drive- Thru Gas/Service Station Quick Lube Supennarket Convenience Store Convenience Store w/Gas Tire Store New/Used Auto Sales Self Service Car Wash Bank/Savings: Walk-in Bank/Savings: Drive-in IndulIitrial General Industrial Business Park Mini-Warehouse WH4 ~I,OOO sq, fl. ~ $471.57/1,000 sq. fl, ~ lliili/l,OOO sq. ft. ~ HQL21/1,000 sq. ft. ~ $455.9211,000 sq. ft. Sl,J8J.Q1 $1 392. I 011,000 sq, ft, (1,371,16 $1.49\.2911,000 sq. ft, $1,77,.91 $1.928,0611,000 sq. ft, ~ $426,33/Fuel Position ~ $191.42/Bay ~ lli.i.Ql/I,OOO sq. ft. i++4M $84048/1,000 sq, ft. ~~. ~22,e6 $\.2\ B.09/Fue1 Position ~ $283.64/B.y ~ $330.62/1,000 sq. ft. ~ $339.32/B.y ~ ~l,OOOsq.ft. ~ ~I,OOOsq,ft, &99M ~ ~ ~l,OOO sq. ft, ll2Q&i/1 ,000 sq. ft, Uill/l,OOO sq, ft, .I..1DdctliJl:,tulif.dde~n411l r &~lex[ltdl=leled P~IC 25 of IS Agenda Item No. 10A February 24,2009 Page 96 of 462 Agenda Item NO.1 OA February 24, 2009 Page 97 of 462 STATE OF FLORIDA) COUNTY OF COLLiERi I, DWIGHT E, BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-57 Which was adopted by the Board of County Commissioners on the 26th day of June, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of June, 2007, DWIGHT E, BROCK Clerk of Courts and Clerk Ex-officio to Boarci~.:;i'~- I", \ County CommissionerB . '.-: " :~ ~ '," r.. _ . . "''] ~~~\f~~(; ~( \~ Teresa polas'lb,;:', I < Deputy Clerk Agenda Item No. 10A February 24, 2009 Page 98 of 462 RESOLUTION NO. 2008- 202 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE IMPACf FEE RATES ESTABLISHED BY ORDINANCE NO. 2007-57. WHEREAS, on Marcb \3, 200\, tbe Board of County Commissioners adopted Ordinance No, 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superceding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Law and Ordinances (tbe Code), and incorporating the water and sewer impact ree rates established by the adoption of Ordinance No. 98-69; and WHEREAS, on December 11, 2001, the Board of County Commissioners ("Board") adopted Resolution No. 2001-488 thereby amending Schedule Two of Appendix A of Chapter 74 ofthe Code, as amended, the same being the Collier County Consolidated Impact Fee Ordinance; increll8ing the Water and Sewer Impact Fee rates and directed staft"to update the Impact Fee after one year; and WHEREAS, in accordance with tbat direction, the County bas retained Public Resources Management Group, Inc. ("the Consultant'') to review the existing water and sewer impact fees and to recommend changes to those fees if appropriate; and WHEREAS, on February 12, 2002, the Board adopted Resolution No, 2002-88 to cOlTect Scrivener's elTors, and to correct the water impact ree downward by $50 per Equivalent Residential Unit (ERe), and to amend Schedule Two of Appendix A of Chapter 74 of the Code, as amended, the same being the Collier County Consolidated Impact Fee Ordinance; thereby increasing the Water and Sewer Impact Fee rates; and WHEREAS, on June 6, 2006, the Board adopted Ordinance No. 2006-26 amending Ordinance No. 2001-13 changing the impact fee rate; and WHEREAS, on June 26, 2007, the Board adopted Ordinance No, 2007-57 amending Ordinance No, 2006-26 changing the impact fee rate and to include Annual Mid-Cycle water and sewer impact fee rate indexing; and WHEREAS, the County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, the Consultant has estimated the cost to future utility system users of approximately five-hundred and three million ($503 million) in the next ten (to) yean; and WHEREAS, the Consultant has recommended a water impact fee rate decrease from $3,616.49 per ERC to $3,575 per ERC, a decrease of $41.49 and a sewer impact fee rate decrease from $3,722,39 per ERe to $3,495 per ERe, . decrease of $277,39 for all customer classes based on their ERe's equivalents; and Agenda Item NO.1 OA February 24, 2009 Page 99 of 462 WHEREAS, the above recommended rate decrease for water and rate decrease for sewer establish these rates at the maximum levels allowed in accordance with equity tests established and e"isting pursuant to Florida law; and WHEREAS, staff has thoroughly reviewed the Consultant's findings and recommendations and staff concurs with the recommended decrease to water and the recommended decrease to sewer impact fee rate changes, and staff recommends that the Board adopt this Resolution to implement these reconunended changes; and WHEREAS, the Board finds that it is in the health, safety and welfare to accept the recommendations of the Consultant and from staff, NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby declares, after advertised public hearing, that the water and sewer impact fee rates set forth in the revised Schedule Two of Appendix A of Ordinance No. 2007-57, as amended, the Collier County Consolidated Impact Fee Ordinance, the same being Schedule Two of Appendi" A of Chapter 74 of the Collier County Code of Law and Ordinances, attached hereto, and incorporated be reference herein as Exhibit "An are fair and reasonable and are to be assessed to those who receive or will receive benefits from increased water facilities capacity, increased sewer public facilities capacity, or from both, which increased capacity is nccessitated by increased population and related growth driven development. BE IT FURTHER RESOLVED that these revised water and sewer impact fees will take) effect as of8:00 A,M. on Wednesday, October I, 2008. / ... ..- This Resolution is adopted after motion; second and majority vote favonng adoption this :;) '-IT" day ~, , _ . ,2008. ATTSS1':':' (~'t:':~ DWJGHT E, BRoCK, CLERK , ..\.0) .~ I . j ',,' If) =. "0 ,. iiQ1l,turf' On 1 Approval as to form and legal Sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ./ Ai . ~oj~~~ (}(... Jenni A. Belpedio Assistant County Attorn - f . .:. is.! < H " i i Ii 'm "$1 ~ ~1 " I 'OJ . ~ Ii ~ I ; ,. ,~ I ; ~ ! ! ~ ~ "I I - ! . . . . ~ i t ( . A - i i . tlf u I ~ h . ! ! I i ! I ! I ! r 2 ~ . - E~ '-- ;~ r- !I' . u ~ i I .. ~ .. a H ! l ; "I I "/ ~~ H ~ ~ . II ~ ~l l . . m u u - i i j ~ i !Ii ~ I I i 1111 ~ ~ ::l i i " ~w 2 II ~ !l ~~ i ~ ~~ - I-- ~o iIi f-- -r- II i~f H I If .. ii- ol II sl 1'- ~l - III ~I ~ . : !P i MI !P ~! i! ~~ 1- - - f-- ~ L I ~ D ~ , u ~ :1 a . ~ ~ ; ~ I ! ; ,. t1 i! - , - ,-- .l- ~~ ~ u ~~ . ~ . , ~~ , ~~ ~~ , ~ ~~ ~ I I I ! I . ~. h h . - I - ~ - ~ if ~ H- ~ ti g g I e " . i ~ HI ~ u ~i I i ~ : ~ I !I . i f , I ~~1 I ! , Agenda Item No. 10A February 24, 2009 Page 100 of 462 i t ~ i Hd H'i, t:H5 Ill" II ~_ II ~~~!I Hilj luh ~ Agenda Item No. 10A February 24,2009 Page 101 of 462 Attachment C-2 Article VI. Water-Sewer District Uniform Billing, Operating and Regulatory Standards ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AW/j~mel.!'M1m W ~A February 24, 2009 Page 102 of 462 ARTICLE VI. WATER.SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS" "Editor's note: Ord, No. 01-73, SS 1,1--1.4, adopted Dee, 11, 2001, did not specifically amend this Code but is treated as superseding S9134-171--134-174 in their entirety at the discretion of the editor. Further, said ordinance 9S 2.1--7 provided additional regulations included as SS 134-175--134-180 at the discretion of the editor to read as herein set oul. Section 11 of said ordinance states that the revised rates shall not go into effect until April 1, 2002, See the Code Comparative Table--Ordinance Disposition Table, DIVISION 1. DISTRICT RATES FEES CHARGES AND REGULATIONS Sec, 134-171. Definitions. Unless specifically provided otherwise these definitions shall apply to this section. District shall refer to the/Collier County Water-Sewer District.J Equivalent dwelling unit shall mean the equivalent usage requirements of an average single- family residential connection. It is used as a factor to convert a given average daily water or wastewater requirement to the equivalent number of single-family residential connections. Equivalent residential connection shall mean 350 gallons of water per day and is 250 gallons of sewerage treatment per day. Goodland shall mean the Goodland Service Area is classified as a subdistrict of the Collier County Water-Sewer District as the service is dependent on a bulk purchase with a private entity and therefore has a rate structure that is different from the major district rate structure, Service availability charge shall mean a monthly charge per dwelling unit or equivalent dwelling unit for residential and non-residential users with no usage included, "Sewer only use" shall be defined as the connection of drains for all faucets and facilities on the property where well water or potable water from a non-district water supply or where no water (leachate) is used, Sewer use shall be defined as the connection of drains for all faucets and facilities on the property, where potable water is used in connection with sanitary purposes from the potable water system. Such usages shall include, but not be limited to, sinks, showers, bathtubs, commodes, urinals, bidets, dishwashers, washers, and other such facilities, "Sewer use" shall specifically not include runoff water being allowed to enter the district sanitary sewer system. Use shall mean with respect to "water use" on the district's water system, which is a potable water system, shall mean the sole utilization of water from the district system through all fixtures and pipelines on the property except where a separately metered system is available solely for outside irrigation, Any such irrigation shall require an approved backflow prevention device and a physical separation from the remaining potable water system. ''Water use" shall specifically include, but not be limited to, the flow of water to all sinks, dishwashers, commodes, urinals, showers, hot water heaters, washers, drinking water coolers and drinking water machines. Such facilities shall also drain to the district's sanitary sewer system, where available, in conformance with other applicable sections of this hltp://library1,municode.com/defaulVDoc View/1 0578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERA TING ANAgeng,ji~~ ffiJ2~OA February 24, 2009 Page 103 of 462 article as well as other ordinances adopted by the county, or applicable state and federal laws, rules or regulations. (Ord. No. 01-73,91.1,12-11-01; Ord. No 2006-27,93) Sec. 134-172. Monthly rates, fees and charges, Monthly rates, fees and charges for water, sewer, or effluent irrigation, and fire meter services provided by or made available by the district shall be sufficient to recover system operation, maintenance, renewal enhancement, replacement and debt service costs and shall be proportionally distributed among system users and customers receiving the benefits as follows: (1) Monthly user fees for the Collier County Water-Sewer District. Residentl al and non- residential properties within the boundaries of the county water-sewer district shall pay the rates, fees and charges for service provided by the county water-sewer district in accordance with Appendix A--Schedule 1. (2) Monthly user fees for the Goodland Water Subdistrict. The rates for service to residential and non-residential properties within the Goodland Water Subdistrict shall be in accordance with Appendix A--Schedule 2. (3) Monthly user fees for effluent irrigation usage in the district shall be in accordance with Appendix A--Schedule 3. Except in cases where a written agreement between the district and the property owner establishes a minimum gallonage monthly effluent rate that cannot be changed unilaterally by the district, all golf course and other bulk sales of effluent shall be sold and billed in accordance with this section, (4) Accounts and bill delivery addresses. a. Accounts shall be established in the name of the property owner. b. Monthly bills will be sent to the address requested in the service application. c. Changes of address for billing purposes must be approved by the property owner, Approval can be by letter, district change of address form or bye-mail. d, Duplicate bills may be requested by letter or district change of address formlor e-mail. e, A duplicate bill processing fee (Appendix A--Schedule 6) will be placed on the account for billing purposes, (5) Methods of payment. a. Cash, check, direct debit and/or credit card (when available), and electronic transfer are available methods to pay monthly bills, b, Cash, check and credit card payments may be made at the billing office address. c, Check payments can be made through the U,S, mail to the lockbox facility in the envelope provided with the bill to the P,O, box. d. Credit card payments (when available) can be made telephonically, e. Direct debit payments are available. Requires processing of a direct debit approval form, f, Non-sufficient funds (NSF) checks returned by the district bank or banks will not be reprocessed for payment. The amount of the NSF check plus an appropriate NSF charge (Appendix A--Schedule 6) and where applicable any other fees and charges will be placed on the account for rebilling, http://libraryl.mtmicode.com/defaultlDocView/10578/1/305/311 4/17/2008 ARTICLE VI, WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING ~llhd4l_@cOfHI! February 24,2009 Page 104 of 462 (Ord, No, 01.73, S 1,2, 12-11-01) Sec. 134-173. District rates, fees and charges other than monthly user fees. (a) Meter installation charges for meters and for backflow devices two inches or smaller in size are to be paid to the district in accordance with Appendix A--Schedule 4. The fees in this subsection are based upon meter installation costs for a typical single-family residential street. (1) All meters two inches or smaller will be installed by the district and shall remain the property of the district. (2) For meters larger than two inches, the materials and labor for installation of such meters shall be furnished by the developer in accordance with district requirements and specifications and dedicated to the district in accordance with county ordinances, at no cost to the district. (3) Meters must be left accessible to district employees at all times. Dangerous and/or dense underbrush will be trimmed to a "margin of safety" by district employees, (4) When any property owner, who has a water meter, makes application to the district for the installation of a iarger meter to replace a smaller meter, and such installation is approved, a tapping fee for the larger meter is required and no credit shall be given for tapping charges paid on the smaller meter. The difference in impact fees between the smaller meter and the larger meter must be paid before a work order will be issued for the installation of the larger meter. There shall be no refunds or credits of tapping fees or impact fees given to any property owner requesting a smaller meter, (b) Temporary meters, (1) Temporary meters may be installed and removed by the district. The fee for such installation and removal shall be based upon the district's actual costs for time, equipment and material, as appropriate, in accordance with Appendix A-Schedule 5. (2) The temporary meter monthly charge for service shall be based upon the non- residential monthly availability and volume charges. (3) A work order for the installation of a temporary meter will be issued upon receipt of an executed temporary meter application, (4) A refundable temporary meter deposit (Appendix A--Schedule 6) must be paid concurrently with the temporary meter application, The deposit may be used to offset costs for repair and/or replacement to district assets, If damages and repair costs are greater than the deposit, the applicant will be invoiced for the remainder, (c) District rates, fees, and charges other than monthly user fees, meter tapping fees, time and material fees, temporary meter fees, impact fees, industrial sewer use fees, backflow prevention service fees and development/permitting related fees, The rates, fees and charges established by this section include but are not limited to the services listed below. The actual charge rate for the service is in accordance with Appendix A--Schedule 6, (1) New accounts--Change of ownership, (2) Tum-off/turn-on at owner's request. (3) Meter re-read. (4) Meter test. (5) Meter lock, htlp://libl'ary l,municode.comJdefaultJDoc View/! 0578/11305/311 4/17/2008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERA TING A~f1~~~ ~~A February 24,2009 Page 105 of 462 (6) Unlock after hours, (7) Meter removal. (8) Illegal connection. (9) Credit card handiing charge. (10) Temporary meter deposit. (11) Duplicate processing fee. (12) Non-sufficient funds (NSF) processing charge. (13) Late payment charge, (d) Late payments for monthly user fees are subject to a late payment charge (Appendix A-- Schedule 6) on the unpaid balance after the due date on the bill. (e) The rates, fees and charges as established in this section shall be reviewed on an annual basis to ensure adequate revenues for district system operation, maintenance, renewal, replacement, enhancement and debt service costs, (f) Reasonable pay plan arrangements may be used at the discretion of the district for delinquent accounts. All pay plan arrangements must provide for the full and timely payment of future consumption. (g) Adjustments. (1) Any debit or credit adjustments for any district service can only be made as the result of a documented and approved procedure, For example: The procedure for adjusting customer accounts for unexplained loss of metered water was approved in updated form on January 3, 2001. (2) Debit and credit adjustments identified in documented and approved procedures shall be approved by the public utilities division administrator or designee before processing. (3) Debit and/or credit adjustments for district errors and omissions should be applied to the account or refunded, if appropriate, and are subject to appropriate review and authorization (h) Refund of credit balances/final bills, (1) Refunds of credit balances for a continuing account shall be processed and forwarded to finance for disbursement on a weekly basis, (2) Refunds of credit balances as a result of final bills shall be processed and forwarded to finance for disbursement on a monthly basis. (3) In no event, shall refunds be processed for credit balances which are iess than $5.00. (4) In no event, shall final bills less than $5.00 be processed and mailed. (i) Allowance for funds prudently invested (AFPI) fee, (1) The board of county commissioners as ex-officio board of the Collier County Water- Sewer District hereby adopts allowance for funds prudently invested (AFPI) fees, as set forth in Schedule 7 hereby appended as part of Appendix A to this ordinance, The AFPI charges may be changed from time-to-time by Collier County Ordinance, or by resolution of the board of county commissioners, always acting as ex-officio board of the Collier County Water-Sewer District, provided the board pubiishes notice of one scheduled public hearing with regard to all such then proposed changes, The proposed http://1ibrary1.municode,comldefauJtJDocViewIl0578/1I305/311 4/17/2008 ARTICLE VI. WATER-SEWER DISTRlCT UNIFORM BILLING. OPERATING ~e~~l\MrW4%A February 24, 2009 Page 106 of 462 resolution or ordinance can be agendized on the board's regular agenda or on its summary agenda. (2) Allowance for funds prudently invested (AFPI) fees afford the district an opportunity to earn up to a fair rate of return on the district's investment in water and/or wastewater plant that has been constructed but is not yet used and useful. Such non-used and useful plant is by definition held for future use by the district's future water and/or wastewater customers. Such non-used and useful plant incurs costs such as, but not limited to, the district's embedded costs of borrowed money, investment of the district's money in such plant, as well as operation and maintenance expenses between the time the plant is constructed and the time all of the respective equivalent residential connections (ERCs) are connected to the district's respective utility system by means of an "active connection." Calculation of the AFPI charges excludes plant paid from impact fees, which are classified in law as "contributlons-in-aid of construction" ("CIAC"). (3) The amount of the applicable AFPI charge is controlled (determined) by the month when the related impact fee (a) to pay for the respective ERCs is received by county staff. Each AFPI charge is calculated for one equivalent residential connection (ERC) on a month-to-month basis, In this context there is no distinction between an ERC for residential use, Industrial use, commercial use or any other uses, (4) These AFPI charges apply only to ERCs reserved by payment of the relevant water and/or wastewater impact fees actually received by county staff subsequent to October 1, 2006 and these AFPI charges shall cease to apply to ERCS reserved by staffs receipt of these impact fee payments subsequent to December 31,2012, (5) All water AFPI charges shall be accounted for in a separate account for the subject water treatment facilities. All wastewater AFPI charges shall be accounted for in a separate account for the subject wastewater treatment facilities, (Ord, No, 01-73,!} 1,3,12-11-01; Ord. No, 2006-27,!} 1) Sec. 134-174. District regulation. (a) Application for service. (1) To obtain service, application must be made at the office(s) of the district. Applications are accepted by the district with the understanding that there is no obligation on the part of the district to render service other than that which is then available from its existing facilities, The district reserves the right to refuse service from its transmission mains or to accept service to its collection system, (2) Utility service is furnished only upon signed application of the property owner, accepted by the district, and the conditions of such application or agreement are binding upon the property owner as well as the district. A copy of each application or agreement for utility service accepted by the district will be furnished to the property owner. (3) The applicant shall furnish to the district the correct name, street address and legal description at which service is to be rendered at the time of the application for service. All system development charges, impact fees, connection and installation fees, and any other fees, rates and charges established by the district shall be paid in full at the time of application for service, (4) Application for service requested by firms, partnerships, associations, corporations and others, shall be tendered only by duly authorized Individuals, When service is rendered under agreement or agreements entered into between the district and an agent of the property owner, the use of such service by the property owner shall constitute full and complete ratification by the property owner of the agreement or agreements entered http://libraryl.municode,comfdefaultJDocView/10578/1/305/31 I 4/17/2008 ARTICLE VI. WATER-SEWER DlSTRICT UN1FORM BILLING, OPERATING ~ef)~m-21llA February 24, 2009 Page 107 of 462 into between agent and the district under which such service is rendered. A tenant of property shall not be construed to be an agent. (5) Where the district's water or sewer main is accessible to render service no county building permit may be issued until such time as proper application shall have been made for service and all fees necessary for the rendering of such service shall have been paid to the district. (6) The district may withhold or discontinue service rendered under appiication made by a property owner, or the property owner's agent, uniess all prior indebtedness to the district of such property for utility service has been settled in full, Service may be withheld or discontinued for non-payment of bills and/or non-compliance with rules and regulations in connection with the same or any different class of service furnished to the same property owner at the same premises, or for non-payment of any account for service to the property. (b) Limitation of use, continuity of service. (1) Unless authorized by the district, water and/or sewer service purchased from the district shall be used by the consumer only for the purposes specified in the application for service, and the property owner shall not sell or otherwise dispose of such service supplied by the district. Uniess authorized by the district, service furnished to the property owner shall be rendered directly to the property owner through the district's connection, and under no circumstances shall be property owner or property owner's agent or any other individual, association, or corporation install equipment for the purpose of disposing of said service. In no case shall a property owner, except with the written consent from the district, extend their installation across a street, alley, lane, court, property line, avenue, or any other way, in order to furnish service for adjacent property, even though such adjacent property is owned by them. In the event there is an unauthorized extension, sale or disposition of service, the property owner's service will be subject to discontinuance until such unauthorized extension, sale or disposition is discontinued and full payment is made of bills for service, calculated on proper classification and rate schedules and reimbursements in full are made to the district for all extra expenses incurred for clerical work, testing and inspections. (2) The district will at all times use reasonable diligence to provide continuous service. and having used reasonable diligence shall not be liable to the property owner or occupants for failure or interruption of continuous water service, The district shall not be liable for any act or omission caused directly by strikes, iabor troubles, accident, litigation, breakdowns, shutdowns for emergency repairs, or adjustment, acts of sabotage, enemies of the united states, wars, state, municipal or other governmentalinterference, acts of God or other causes beyond its control. (3) Property owners shall maintain that portion of the water lines on their property located beyond the district service connection, and all loss of water through breaks or leakage to the premises will be paid by the property owner. The property owner shall maintain that portion of the sewer line located on their property. (c) Property owner's liability for damage to equipment, The property owner is liable to the district for any damage done to the district's equipment used in providing service to the property owner, except damage done by district employees. (d) Security deposits on water account. Security deposits normally are not required on district customer accounts for water service. However, the district may require a deposit equivalent to two months average service when an account has been shut-off for non-payment more than two times in any six month concurrent period, These deposits may be returned after six months of timely payments. (e) Security deposits on sewer accounts. Security deposits are normally not required on http://libraryl.municode,comldefault/DocView/l0578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING A}@lndli':lIgcrlNi!BIlA February 24, 2009 Page 108 of 462 district customer accounts for sewer service. However, the district may require a deposit equivalent to two months average service when an account has been shut off for non-payment more than two times in any six month concurrent period. These deposits will be returned after six months of timely payments. (f) Property owner's responsibility for water seNiee; bad debts. (1) The property owner is responsible for all water, andior sewer service and/or other district services provided to the property, In the event service is discontinued for non- payment, service will be restored only after property owner has fully complied with provisions of section 134-174, subsection (g)(2) and (g)(3), of this article. (2) Unpaid fees constitute a lien against the property (see section 134-174(p) of this article). In the event water, and/or sewer service and/or other district services have been discontinued for non-payment and any or all services are requested to be reinstated for the property in the future, this back debt plus associated charges must be paid before water and/or sewer service will be furnished. (3) Bad debts as a result of bankruptcy or court actions will be written off in accordance with applicable laws, rules and reguiations. (g) Oates bills due and delinquent; discontinuance of seNiee for non-payment; reinstatement following discontinued seNice, (1) Bills for service are due by the date set forth on the bill from the district and are delinquent thereafter. Service will be discontinued when delinquent for non-payment of bills. (2) When service has been discontinued for non-payment of bills, service will be renewed upon payment of all unpaid bills, plus a shut-off lock fee and a late payment fee (Appendix A--Schedule 6). (3) If the lock has been tampered with and the street cock has been tumed on prior to full payrnent of all fees the meter may be removed from the property, Should the property owner request renewal of service for the property, service will be restored upon full payment of: 1) all past due bills plus a late payment fee where applicable, and (2) a meter removal fee (Appendix A--Scheduie 6). (4) If service has been discontinued for non-payment of bilis and an Illegal water connection is made, service will be renewed upon payment of all unpaid bills, time and material cost to rernove the illegal connection, the cost of the estimated amount of water consumption loss, plus the fine specified in Appendix A--Schedule 6. (5) Billing for potable water service or effluent irrigation service shall begin upon registration of consumption on the meter, or 90 days from date of meter installation, whichever occurs first. Billing for sewer service shall commence upon the issuance of a certificate of occupancy or 90 days following the issuance of a notice to connect to the sewer system, whichever occurs first. (6) The property owner shall immediately notify the district of any additional dwelling units connected to the district's service lines if the dwelling units have not been included in previous applications. For violation of this section, the district's service may be discontinued, (h) Billing payment when meter becomes defective; right of entry of authorized agents or employees. (1) Should the meter on any premises become defective, so that the amount delivered for the current month cannot be ascertained, the property owner shall pay for that month an amount equal to the average amount charged for the four preceding months unless the actual amount of water can be determined. http://libraryl,municode.com/defaultIDoc View/1 0578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING A~~nPaJ~'3'JlIo;JllOA reorD'ary :2'4,-::>1109 Page 109 of 462 (2) Duly authorized agents and employees of the district shall, during daylight hours or if called out after dark for emergency service, have access to any property for the purpose of examining the condition of fixture, service pipe installation and such other purposes as may be proper to protect the interest of the district, reading or repairing the water meters located thereon, or turning the supply of such water service to the premises off or on. (i) Water bill complaints. Normally, high water bill complaints will not be accepted for inspection by the district unless all plumbing fixtures, piping and outlets have been examined by a licensed plumber who has certified that there are no leaks, If an investigation is made by the district and the findings reveal the initial meter reading was accurate and the meter is functioning properly, a re-read charge (Appendix A--Schedule 6) will be assessed against the property owner, The property owner shall be charged (Appendix A--Schedule 6) for meter tests which show the meter is functioning properly. 0) Meters, location and charge for moving. Meters shall be placed when possible just within the property line at the property corner at the nearest point to the tap-in main, If a meter is moved at the request of the property owner, the property owner shall pay a fee equal to the district's cost in accordance with Appendix A--Schedule 5. (k) Connections with water and sewer required. The owner of each lot or parcel of land within the district where any improvement is now situated or shall hereafter be situated, shall, if the district operates and maintains water distribution andlor sewer collection facilities along the frontage of their property, connect or cause such improvement to be connected with the water andlor sewer facilities of the district. The usage of such facilities shall, at a minimum, be used for all indoor usage and shall be connected within 90 days following notification to do so by the district. Connection to the reuse system shall only be required if the development order and/or property purchase agreements require such connection. All such connections shall be made in accordance with rules and regulations which may be adopted from time to time by the district, which rules and regulations shall provide for a charge for making any such connection in such reasonable amount as the governing board of the district may fix and determine, No connection or connections shall berequired where the water or sewer system or iine is more than 200 feet from such property line. (I) Exceptions To connections, This article shall not be construed to require or entitle any person to cross the private property of another in order to connect to the district's water andlor sewer service. (m) Connections may be made by district. If any property owner of any lot or parcel of land within the district shall fail or refuse to connect to and use the water and/or sewer facilities of the district after notification, as provided herein, then the district shall be authorized to make such connections, entering on or upon any such property for the purpose of making such connection. The district shall thereupon be entitled to recover the cost (Appendix A--Schedule 5) of making such connection, together with reasonable penalties and interest and attorney's fees, by suit in any court of component jurisdiction, In addition and as an alternative means of collecting such costs of making such connections, the district shall have a lien on such property for such cost; which lien shall be equal dignity with the lien of state and county taxes, Such lien may be foreclosed by the county in the same manner provided by the laws of Fiorida for the foreclosure of mortgages upon real estate. (n) Unlawful connection prohibited. No person shall be allowed to connect into any water or sewer line owned by the district without written consent of the district. The connection with such line shell be made only under the direction and supervision of the district. Any property owner or piumber who shall make any connection without such consent of the county shall, upon conviction be subject to the penalties hereinafter provided, (0) Failure to maintain plumbing system, The property owner shall be responsible for maintaining and keeping free from obstruction the water and sewer pipes leading to and http://Iibraryl.mwllcode,com/defaultJDoc View/I 0578/1/305/311 4/17/2008 ARTICLE VI, WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING A~endm!!erft 1oJ628:JA February 24, 2009 Page 110 of 462 connecting from the plumbing system to the district's water and sewers mains, and failure to keep the water and sewer pipes, free from obstructions and maintained in a proper manner. (p) Unpaid fees to constitute a lien, In the event that the fees, rates or charges for the services and facilities of any water or sewer system shall not be paid as and when due, any unpaid balance thereof and all interest accruing thereon shall be an automatic lien on any parcei or property affected thereby. Such liens shall be superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagor or other person except the lien of county taxes and shall be on a parity with the iien of any such county taxes.ln the event that any such fees, rates or charges shall not be paid as and when due and shall be in default for 30 days or more the unpaid balance thereof and all interest accrued thereon, together with attorneys fees and costs, may be recovered by the district in a civil action, and any such lien and accrued interest may be foreclosed or otherwise enforced by the district by action or suit in equity as for the foreclosure of a mortgage on real property, (q) No free service, No water or sewage disposal service shall be furnished or rendered free of charge to any person, firm, corporation or governmental body, Each and every county agency, department, or instrumentality which uses such service shall pay therefore at the rates fixed by this article. (r) Separate connections for each separate unit, Unless authorized by the district, each dwelling unit whether occupying one or more lots and whether it shall occupy any lot or parcel jointly with any other dwelling unit shall be considered a separate unit for the payment of the water and sewage disposal rates and charges, and separate connections will be required for each of such dwelling units, (Ord. No. 01-73, 9 1,4, 12-11-01; Ord, No. 2006-27, 94) Sec. 134-175. Submetering. (a) A landlord who is a customer of the district and who provides water and/or sewer service to rental units through a single master water meter shall, under any of the following three circumstances, be exempt from the prohibitions contained in section 134-174, paragraph (b)(1) against the sale or disposition of district water and/or sewer service: (1) A landlord may apportion the monthly charge for district water and/or sewer service through the master meter equally among all rental units provided that the total monthly charge to all rental units shall not exceed the landlord's actual cost for district water and/or sewer service; or (2) A landlord may install submeters for each rental unit to track each unit's usage of water service and then charge each unit according to its exact usage. A landlord who installs submeters shall comply with the reqUirements of subsection (d), below and shall not recover more than his actual cost for district water and/or sewer service through the master meter and shall not pass on to his tenants any of the capital or administrative cost incurred in the installation and monitoring of the submeters or the billing of tenants for their water and/or sewer service usage; or, (3) A landlord may also prOVide water and/or sewer service to rental units through a single master water meter for no specific compensation provided that in no event shall any landlord recover more than his actual cost for district water and/or sewer service from his tenants. (b) For any rental units which are under lease agreement as of the effective date of this article [April 1, 2002], a landlord choosing to install submeters as provided in section 134-174, paragraph (b) above, shall not begin monitoring a rental unit's water usage for the purposes of charging a unit according to its actual water usage until the expiration of the then existing term under such lease agreement. Upon renewing an expired lease, or upon entering any new lease http://libraryl,municode,comJdefaultlDocView/l0578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING ANgenlla~d{l\OfJ6A February 24, 2009 Page 111 of 462 agreement with a tenant subsequent to theeffective date of this article, a landlord choosing to submeter shall fully disclose to the tenant the landlord's ability to separately charge each rental unit according to its exact water usage. Such disclosure shall be in both of the following forms: (1) oral representations by the landlord to the tenant at the time of negotiating the lease and before either party has signed the lease agreement, and (2) by a conspicuously printed disclosure provision in the lease agreement specifically referencing the landlord's ability to submeter pursuant to the terms of this article and initialed by the tenant. (c) Upon a tenant's written request, any landlord who exercises his privilege to recover his actual cost for county water and/or sewer service shall provide to the tenant documentation of the landlord's actual cost for district water and/or sewer service as well as documentation and a written explanation of the basis for any costs charged to the tenant for water and/or sewer service. Such documentation and written explanation shall be provided within five business days from receipt of the written request. (d) Furthermore, upon dispute of a water bill by a tenant in person, in writing, by telephone, or in any other manner, a landlord shall, within five business days of receiving notice of the tenant's dispute, pursue all of the following remedies in an effort to resolve the dispute: (1) Reread the master meter and/or any submeter to verify the accuracy of the meter reading process and the working condition of the meter(s); (2) If the working condition or accuracy of the master meter or any submeter is in question after being reread, the landlord shall have the meter tested; (3) If after being tested the master meter or any submeter is found to be inaccurate or otherwise defective, the district or the landlord, as the case may be, shall immediately repair or replace the meter, (4) Provide documentation of current and past billing practices with respect to the applicable rental unit for the period of the requesting tenant's occupancy; (5) Arrange a meeting with the tenant and the property manager or some other representative of the landlord to discuss the billing process; and (6) Any tenant whose request is unsatisfactorily addressed or who has exhausted the above options without redress may bring suit in a court of competent jurisdiction to obtain relief under F.S. ch. 83, the Landlord Tenant Act. (e) All submeters must achieve no less than the accuracy standards as currently met by the district for its own water meters. In addition, any landlord installing submeters shall provide, where applicable, the following services, at the landlord's expense, which either meet or exceed the level of service currently provided by the district with respect to its water meters: (1) The landlord shall promptly, upon receiving notice, repair all submeter leaks; (2) The landlord shall promptly, upon receiving notice, repiace any failed service lines or associated components; (3) The landlord shall promptly, upon receiving notice, replace damaged or deteriorated submeter boxes or lids, and shall, where applicable, lower or raise a submeter box to grade as necessary; (4) The landlord shall, upon receiving a water quality complaint, check applicable connections and flush appiicable service lines; (5) The landlord shall, upon receiving a low pressure complaint, check and test the system to ensure proper operation: (6) The landlord shall locate and provide the location of all submeters and service lines upon reasonable request by a tenant; http://libraryl.municode,comfdefault/DocView/l0578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING ANl.geiRagaehllil132foA February 24, 2009 Page 112 of 462 (7) The landlord shall turn off applicable submeters in emergency situations; (8) The landlord shall read all submeters no less frequently than once a month; (9) The landlord shall replace all submeters that become stuck or difficult to read; and (10) The landlord shall notify the tenant of a potential leak upon reading a submeter that reflects an unusually high usage. (f) The provision of water service through a single master meter by a landlord as described in this section is deemed not to constitute the sale or disposition of water service, The provision of sewer service as described in this section Is deemed not to constitute the sale or disposition of sewer service, (g) Any condominium association that is a customer of the district and provides water and/or sewer service to condominium units through a single master meter may allocate the cost for such water service among its members either by equal apportionment, installation of submeters, or otherwise provided that such allocation of cost is restricted to recovery of the condominium association's actual cost for district water and/or sewer service and directly related administrative or capital expenses incurred in recovering that cost. Upon a member's written request, any condominium association that exercises its privilege under this exemption from the prohibitions in section 134-174, paragraph (b)(1) to recover its actual cost for district water and/or sewer service and directly related administrative and capital expenses incurred in recovering that cost shall provide to the member documentation for the condominium association's actual cost for district water and/or sewer service as well as documentation and a written explanation of the basis for any costs charged to the member for water service, Such documentation and written explanation shall be provided with five business days from receipt of the written request. The provision of water service through a singie master water meter by a condominium association as described in this section is deemed not to constitute the sale or disposition of water service. The provision of sewer service as described in this section is deemed not to constitute the sale or disposition of sewer service, (h) Any landlord or condominium association that elects to install submeters shall not charge a security deposit. (Ord No. 01-73, 92,1--2.8,12-11-01) Sec. 134-176, City of Naples service area, (a) No extension of existing distribution water mains of the water system of the City of Naples may be made within the county water-sewer district, without the prior, written consent and approval of the governing board of the district, except that this article shall not apply to the lands described in subsection (d). (b) All applications for said distribution water main extensions shall be made in writing to district staff who shall present said requests to the governing board of the district within 30 days of receipt thereof, (c) The governing board of the district may attach reasonable conditions to the issuance of permits for distribution water main extensions which conditions rnay include, but not be limited to, provisions for payment of system development charges or impact fees which are, or may be enacted by the county. (d) The City of Naples water service area boundaries are as follows: Beginning at the intersection of the easterly shoreline of the Gulf of Mexico with the southerly city limit line of the City of Naples; thence easterly along said southerly city along the easterly city limit line to the northeast corner of said Section 27; thence westerly along the north line of http://libral'yl,municode.comldefau1l1DocView/10578/1I305/311 4/17/2008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERA TING A~n8ilglBiI.2I'(lf2$JA February 24, 2009 Page 11301462 Section 26, Township 50 south, Range 25 east to the northeast corner of said Section 26; thence northerly along the east line of Section 23, Township 50 south, Range 25 east to its intersection with the southerly right-of-way line of Thomasson Drive; thence easterly along said southerly right-of-way of Thomasson Drive to Its Intersection with the range line lying between Range 25 east and Range 26 east; thence northerly along said range line lying between Range 25 east and Range 26 east to the northeast corner of Section 13, Township 49 south, Range 25 east; thence westerly along the north line of Sections 13,14,15,16 and 17, Township 49 south, Range 25 east to the intersection of the north line of said Section 17with the easterly shoreline of the Gulf of Mexico; thence southerly along the meanders of the easterly shoreline of the Gulf of Mexico to the point of beginning. (Ord, No, 01.73, 993.1--3.4, 12-11-01) Sec. 134-177. Appendices for rates, fees and charges. The board of county commissioners as ex-officio board of the Collier County Water-Sewer District hereby adopts the rates, fees, and charges as set forth in schedule 1[1J through 7; inclusive, appended hereto as Appendix A, which as of October 1, 2006, shall be imposed upon all users of the county water-sewer district's services within the district's boundaries and outside the district's boundaries SUbject to appropriate mutual agreements. The AFPI charges shall apply only to the respective ERCs reserved bypayment of the related water andlor wastewater impact fees subsequent to October 1, 2006, and these AFPI charges shall not apply to ERCs reserved by payment for the ERCs received by staff subsequent to December 31, 2012. These rates, fees and charges may be changed from time to time by ordinances or by resolutions of the board of county commissioners as ex- officio board of the Collier County Water-Sewer District, provided the board publishes, in a newspaper of general circulation in Collier County, notice of an advertised public hearing with regard to the then proposed schedule amendments. The proposed amendments (by county ordinances or board resolutions) can be agendized on the board's regular agenda, or on the board's summary agenda subject to removal to the board's regular agenda, (Ord, No, 01-73, 94, 12-11-01; Ord. No, 2006-27, S 2) Sec. 134-178. Penalties. Unless another penalty is specifically provided for, any person who violates any section or provision of this article shall be prosecuted and punished as provided by F.S. 9125,69, Each day the violation continues shall constitute a separate offense, Additionally, the board may bring suit for damages or to restrain, enjoin or otherwise prevent the violation of this article in the Circuit Court of Collier County, (Ord, No, 01-73, 95, 12-11-01) Sec. 134-179, Confidentiality. Confidential information. (1) Information and data on a user obtained from reports, questionnaires, applications, and other material provided shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the district and county that the information is not "public record" under then applicable law, and is clearly within an exemption outiined in the Florida Public Record Law of the State of Florida, F.S. ch. 119, or its successor infunction. http://Iibraryl,municode,com/default/Doc Viewll 0578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERA TING AN\ge~1J m.2fuA February 24, 2009 lol!ie.r CovV\+y Page 114of462 (2) Notwithstanding any of the provisions of this article, nothing shall be construed or interpreted to require the county or the district to violate any of the applicable public records law(s). Any release of information or disciosure made by the county or district in order to comply with such law should not give rise to a claim whatsoever. (Ord. No. 01-73, S 6, 12-11-01) Sec. 134-180. Declaration of exclusion from the Administrator Procedures Act. The county water-sewer district board shall exercise jurisdiction over the provision of water and sewer services within the boundaries as hereinafter provided for, and shall be exempt from the provisions of F.S. ch. 120. No privately owned water or sewer utility shall be abandoned without adequate provision for continuance of service and the prior approval of the board, (Ord. No. 01-73, !P, 12-11-01) Sees. 134-181--134-185. Reserved, PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A--FEES, RATES AND CHARGES SCHEDULE 1--DISTRICT-WIDE WATER and WASTEWATER RATES Effective October 1, 2006 Water, Wastewater, Fire Meter Rates and Water Surcharges 1. Water: (a) Service availability charge for individually metered residential, non-residential and irrigation: TABLE INSET: Size Effective Oct. Effective Oct. Size Effective Oct. Effective Oct. 1, 2006 1,2007 1, 2006 1,2007 5/8" inch $14.00 per $16.03 per 3" inch $170.94 per $195,72 per meter month month meter month month 3/4" Inch 14.00 per 16.03 per 4" inch 282,98 per 324,00 per meter month month meter month month 1" inch 30.90 per 35.38 per 6" inch 563,08 per 644,70 per meter month month meter month month 1- 1/4" inch 39.12 per 44.79 per 8" inch 899,20 per 1,029.53 per meter month month meter month month 1-1/2"inch 58.91 per 67.45 per 1 0" inch 1 ,627.44 per 1 ,863,33 per meter month month meter month month 2" inch 92.47 per 105,88 per 12" inch 2,198.07 per 2,516,69 per meter month month meter month month (b) Volume charge per 1,000 gallons: (i) Individually metered residential, non-residential and multi-family residential: http://libraryl.municode,com/defaul1JDocView/10578/11305/311 4/17/2008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING M9an~~ofil1l\ February 24, 2009 Page 115 of 462 TABLE INSET: Effective Oct. 1, 2006 Effective Oct. 1, 2007 Block 1 $1,92 $2.20 Block 2 2,88 3,30 Block 3 384 4.40 Block 4 4.80 5,50 Block 5 5,76 6.59 Block 6 7.68 8.79 (c) Block rate structure. Consumption Blocks In Gallons--Up To Or Next TABLE INSET: Meter Block 1 Block 2 Block 3 Block 4 Block 5 Block 6 Size 5/8" Over 50,000 and 5,000 10,000 20,000 30,000 50,000 3/4" 1" 12,000 25,000 50,000 75,000 120,000 Over 120,000 1- 1/4" 20,000 40,000 80,000 120,000 200,000 Over 200,000 1- 1/2" 25,000 50,000 100,000 150,000 250,000 Over 250,000 2" 40,000 80,000 160,000 240,000 400,000 Over 400,000 3" 80,000 160,000 320,000 480,000 800,000 Over 800,000 4" 120,000 250,000 500,000 800,000 1,200,000 Over 1,200,000 6" 250,000 500,000 1,000,000 1,500,000 2,500,000 Over 2,500,000 8" 450,000 900,000 1,800,000 2,700,000 4,500,000 Over 4,500,000 10" 700,000 1,450,000 2,900,000 4,300,000 7,000,000 Over 7,000,000 12" 1,075,000 2,150,000 4,300,000 6,450,000 11,000,000 Over 11,000,000 2. Wastewater: (a) Wastewater service availability charge for individually metered residential, non- residential, and multi-family: TABLE INSET: Size Effective Oct. Effective Oct. Size Effective Oct. Effective Oct. 1,2006 1,2007 1,2006 1,2007 htlp:/llibraryl,municode,comldefauItlDocView/l0578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING ~endR~f6!m!r:l&~~jl, February 24, 2009 Page 116 of 462 5/8 inch $22.26 per $24.49 per 3 inch $287.24 per $315.96 per meter month month meter month month 3/4 inch 22,26 per 24.49 per 4 inch 476,32 per 523,93 per meter month month meter month month 1 inch 50.61 per 55,67 per 6 inch 949.23 per 1,044.12 per meter month month meter month month 1 1/4 inch 64.90 per 71.38 per 8 inch 1,516.92 per 1,668.55 per meter month month meter month month 1 1/2 inch 97,93 per 107.72 per 10 inch 2,719.65 per 2,991.50 per meter month month meter month month 2 inch 154.75 per 170,22 per 12 inch 4,030,95 per 4,433,89 per meter month month meter month month (b) Volume charge per 1,000 gallons: TABLE INSET: Effective Oct. 1, 2006 Effective Oct. 1, 2007 (i) All Metered Usage $3,13 $3.44 (il) Individually Metered The maximum volumetric charge for individually metered Residential Maximum: residential property shall be 15,000 gallons per month, 3. Fire systems (dedicated and compound): (a) Fire meter, (i) Fire service meter size will refer to the largest diameter meter register installed for fire protection, (ii) Fire service meter connections that have consumption registered for three consecutive billing periods are deemed to have provided domestic or other water usage shall be billed according to regular water monthly availability and usage charges as described herein, (b) Volume charge: (i) Per 1,000 gallons, 4. Water restriction surcharge: TABU: INSET: Water Shortage Percent Reduction In Overall Flow Charge Rate Adjustment Phase" Demand Percentage Phase 1--Moderate Less Than 15% 15% Phase 2--Severe Less Than 30% 30% Phase 3--Extreme Less Than 40% 40% Phase 4--Critical Less Than 60% 60% PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND RE;GULATORY STANDARDS ORDINANCE http://libraryl.municode,comldefau!t/Doc View/1 0578/1 /305/311 4/17/2008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERA TING ~ndllaglmllilc5)t1~~ February 24,2009 Page 117 of462 APPENDIX A--FEES, RATES AND CHARGES SCHEDULE 2-GOODLAND SUB-DISTRICT WATER Effective October 1, 2006 Providing monthly user fees for residential, non-residential and multi-family properties in the Goodland Water Sub-district as follows: 1, Water. (a) Service availability charge: (i) Individual metered residential, non-residential and multi-family properties: TABLE INSET: Meter Size Effective Oct. 1, 2006 314 inch $25.00 per month 1 inch 58,00 per month 1 1/2 inch 113.00 per month 2 inch 178.00 per month 3 Inch 353.00 per month 4 inch 548,00 per month 6 inch 1,095,00 per month 8 inch 1,967,00 per month (b) Volume charge per one thousand gallons ($/Mgal) of usage: (i) Individual metered residential, non-residential and multi-family properties: TABLE INSET: Block Proposed Oct. 1, 2006 Biock 1 (1) $4,30 Block 1 (1) $5.30 Biock 1 (1) $6.40 Block 1 (1) $7.40 Block 1 (1) $8.50 Block 1 (1) $10,60 (1) Same Block Rate Structure as that of Collier County Water-Sewer District. (c) Block rate structure: Consumption biocks in gallons--Up to or next TABLE iNSET: Meter Block 1 Block 2 Block 3 Block 4 Block 5 Block 6 Size 5/8" and 5,000 10,000 20,000 30,000 50,000 Over 50,000 3/4" http://libraryl,municode.comldefault/DocView/10578/1/305/311 4/17/2008 - ARTICLE VI. WATER-SEWER DISTRlCT UNIFORM BILLING, OPERATING ANgancEa~ 1.Jof@l February 24, 2009 Page 118 of 462 1" 12,000 25,000 50,000 75,000 120,000 Over 120,000 1- 1/4" 20,000 40,000 80,000 120,000 200,000 Over 200,000 1-1/2" 25,000 50,000 100,000 150,000 250,000 Over 250,000 2" 40,000 80,000 160,000 240,000 400,000 Over 400,000 3" 80,000 160,000 320,000 480,000 800,000 Over 800,000 4" 120,000 250,000 500,000 800,000 1,200,000 Over 1,200,000 6" 250,000 500,000 1,000,000 1,500,000 2,500,000 Over 2,500,000 8" 450,000 900,000 1,800,000 2,700,000 4,500,000 Over 4,500,000 (2) The usage charge shall be adjusted based on the following formula: Purchased Water Adjustment Clause (PWAC) - Existing Rates (New City of Marco Island Volume Charge - Old City of Marco Island Volume Charge)1 $0.75 = Adder Existing Goodland $/Mgal + Adder = New Goodland $/Mgal The purpose of the 0,75 factor is needed to adjust for unaccounted for water and the change in the monthly fixed charges from the City of Marco Island, For Each Rate Block: Existing Rate Block $lMgal + Adder = New Rate $/Mgal PUBLC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A--FEES, RATES AND CHARGES SCHEDULE 3--IRRIGATlON QUALITY WATER RATES Effective October 1 , 2006 Irrigation Quality (Reuse) Rates 1. Irrigation quality water usage in the district shall be at the following schedule: (a) Service availability charge: Individually metered irrigation: TABLE INSET: Meter Size Effective October 1, 2006 5/8 and 3/4 inch $5.00 1 inch 11,00 1.5 inch 23.00 http://libraryl,municode,comldefaultIDocViewll 0578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING A~dllagllTHl(j)f1~& February 24,2009 Page 119 of 462 2 inch 46,00 3 inch 91.00 4 inch 182,00 6 inch 346.00 8 inch 628.00 10 inch 1,005,00 12 inch 1,497.00 (b) Volume charge per 1,000 gallons: TABLE INSET: Type of Service Effective October 1 , 2006 (i) Pressurized and distributed $0.75 (ii) Pressurized 0,39 (iii) Bulk 0.30 PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A--FEES, RATES AND CHARGES SCHEDULE 4--METER TAPPING CHARGES AND BACKFLOW DEVICE CHARGES Effective October 1, 2006 Meter Installation CharQes (TapoinQ Fees} 1. Meter Installation charges to be paid to the District shall be as follows: Meter size meter tapping charges: TABLE iNSET: Meter Meter Tapping Charges With Meter Meter Tapping Charges Without Size Service Line Installation Charge Size Service Line I nstallation Charge Effective Oct. 1, 2006 Effective Oct. 1, 2006 3/4 inch $676.00 3/4 inch $248.00 1 inch 738,00 1 inch 282,00 1,5 inch 1,012.00 1,5 inch 493,00 2 inch 1,140.00 2 inch 618,00 The fees are based upon meter installation for a typical single-family residence, In all other circumstances, the meter installation fee shall be based upon the district's actual cost for time, equipment and materials. Backfiow device charRes (1) Backflow device charges to be paid to the District shall be as follows: TABLE INSET: http://library1,municode.com/defau1t/DocView/10578/1/305/311 4/1 712008 ARTICLE VI. WATER-SEWER DISTRICT UNlFORM BILLING, OPERATING ANgenhgertiNl1f18A February 24,2009 Page 120 of 462 Meter Reduced Pressure Backflow Meter Double Check Valve Backflow Size Prevention Assembly Charge Size Prevention Assembly Charge Effective Oct. 1, 2006 Effective Oct. 1, 2006 3f4 inch $214,00 3f4 inch $108,00 1 inch 237.00 1 inch 116,00 1,5 inch 345.00 1.5 inch 294,00 2 inch 412,00 2 inch 342.00 PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A-FEES, RATES AND CHARGES SCHEDULE 5--EQUIPMENT, LABOR AND ADMINISTRATION CHARGES Effective October 1, 2006 TABLE INSET: DESCRIPTION I EFFECTIVE OCT. 1, 2006 (1) Equipment (Per Hour Rates): Rehab & Electrician's Truck $75,00 Crew Trucks 50,00 Vactor Truck 200.00 Camera Truck 150.00 Boom Truck 100.00 20 Yard Dump Truck 70.00 10 Yard Dump Truck 40.00 Pumper Truck 200,00 Track Hoe (Big or Small) 50,00 Back Hoe 65,00 Olympian Generators 60.00 Dewatering System 40.00 4" Trash Pump 10,00 Mud Hog 15,00 Trailer 45,00 Signs, Barricades andfor Traffic Board 100.00 Road Saw andfor Compactor 15.00 Miscellaneous Small Equipment 5.00 (2) Labor (Per Hour Rates): Tech 1 & 2 30.00 Supervisors 40,00 (3) Administration (per incident): 15% or $300.00; Whichever is smaller, http://libraryl.municode,com/defauItfDocView/l0578/1I305/311 4/17/2008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING Alll!gen<Tht!l\l~(Nof~ February 24, 2009 Page 121 of 462 (4) Parts and Sub-contractors Actual Cost PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER. SEWER DISTRICT UNIFORM BilLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A--FEES, RATES AND CHARGES SCHEDULE 6-MISCElLANEOUS CHARGES Effective October 1, 2006 TABLE INSET: DESCRIPTION EFFECTIVE OCT, 1, 2006 New Accounts-Change of Ownership $25,00 Tum OfflTurn On at Owner's Request 38,00 Meter Re-Read (If Different--Charge is 38.00 0,00) Meter Test: Onsite Test (More than 3% Error-- 80.00 Charge is 0.00) Offsite Bench Test (More than 3% 215.00 Error-Charge is 0.00) Meter lock 55,00 Meter Unlock, 2nd and Subsequent 55,00 Events Unlock After Hours 100,00 Meter Removal 160.00 Illegal Connection Actual Time And Material Cost, Plus Average Consumption, Plus a $300,00 Fine Convenience Fee-Credit Card 5,00 Temporary Meter Deposit 1,000,00 Duplicate Bill Processing Fee 2,00 Non-Sufficient Funds (NSF) 15% of the Amount or $100,00, Whichever is Processing Charge Smaller late Payment Charge 5% of Unpaid Balance Vehicle Over Meter Charge 55,00 Removal of landscaping to Access 75.00 Meter Septage Processing Charge/1 ,000 31,00 Gallons Grease Trap Waste Charge/1 ,000 42.00 Gallons PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT htlp://libraryl,municode,comldefault/DocView/1 0578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING A~eiPd\g!l9h\ lilS2fuA February 24,2009 Page 122 of 462 UNIFORM BilLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A--FEES, RATES AND CHARGES SCHEDULE 7--AlLOWANCE FOR FUNDS PRUDENTLY INVESTED (AFPI) Effective October 1, 2006 AFPI Schedule Per ~RC~\Nater System (0) TABLE INSET: Payment Calendar Year Month 2006 2007 2008 2009 2010 2011 2012 January $0,00 $58,69 $234.76 $41084 $586,91 $762,98 $939.05 February 0.00 73,36 249.44 425,51 601.58 777.65 953,72 March 0.00 88.04 264.11 440.18 616.25 79233 968,40 April 0,00 102.71 278.78 454,85 630.93 807.00 983.07 May 0.00 117,38 293.45 469.53 645,60 821.67 997,74 June 0.00 132.05 308,13 484.20 660,27 836.34 1,012.42 July 0,00 146,73 322.80 498.87 674,94 851.02 1,027.09 August 0.00 161.40 337.47 513.54 689,62 865.69 1,041,76 September 0.00 176.07 352,14 528.22 704,29 880.36 1,056.43 October 14.67 190,74 366.82 542,89 718,96 895.03 1,056.43 November 29,35 205.42 381.49 557.56 73363 90971 1,056.43 . . December 44.02 220,09 396.16 572,23 748.31 924.38 1,056.43 AFPI Schedule Per ERC--Wastewater System (~l TABLE INSET: 2006 2007 2008 2009 2010 2011 2012 January $000 $38.24 $152,94 $267,65 $382.36 $497,06 $611.77 February 0.00 47,79 162,50 277.21 391.92 506,62 621,33 March 0.00 57,35 172.06 286.77 401.47 516,18 630,89 April 0.00 66,91 181.62 296.33 411.03 525,74 640.45 May 0,00 76.47 191.18 305,89 420,59 535.30 650,01 June 0.00 86.03 200.74 315.44 430,15 544,86 659.57 July 0.00 95,59 210.30 325.00 439.71 554.42 669.12 http://Iibrary l.municode.comJdefault/Doc View/l 0578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING Al\{)an~:&wf~ February 24, 2009 Page 123 of 462 August 0,00 105.15 219.86 334.56 449.27 563.98 678.68 September 0,00 114,71 229.41 344,12 458.83 573,53 688.24 October 9.56 124.27 238.97 353,68 468,39 583.09 688.24 November 19.12 133.87 248.53 363.24 477.95 592,65 688,24 December 28,68 143.38 258.09 372.80 487.50 602,21 688.24 (*) AFPI fee is initiated on October 1, 2006. DIVISION 2. COLLIER COUNTY WATER-SEWER DISTRICT" "Editor's note: Ord. No. 04-55, 92,8., provided for the relocation of LDC section 1,5,7. to be included as 9134-186, Sec. 134-186. Provision of water, sewer, and reuse irrigation water within the Collier County Water-Sewer District; applicability to special purpose independent governments. (a) The Collier County Water-Sewer District is a dependent special district created by the Florida legislature, Its governing body is ex officio the board of county commissioners. The Collier County Water-Sewer District has been charged by the legislature with the overall responsibilliy for the' provision of water and sewer services within the boundaries of the Collier County Water-Sewer District, which are more particularly described in chapter 88-499, Laws of Florida, (b) This legislative charge is consistent with the goalS and policies of the state comprehensive plan and the Collier County Growth Management Plan in that a regional utility system like that operated by the Collier County Water-Sewer District (1) fulfills the goal of assuring the ability of an adequate supply of water among competing uses by requiring development to be compatible with existing local and regional water supplies, (2) fulfills the goals of protecting the county's substantial investments in regional pubiic utility facilities by maximizing the use of such existing public facilities, (3) fulfills the goal of economic and efficient provision of quality public services which eliminates needless duplication of public facilities and instead employs the use of regional facilities as opposed to multiple or smaller scale and less efficient local, public or private utility facilities. (c) The provision and treatment of water, sewer and reuse irrigation water within the Collier County Water-Sewer District as a matter of local land development policy and regulation shall be provided by Collier County Water-Sewer District facilities in conformance with this Code and all other applicable county ordinances, regulations and policies relative to the provision of such utility facilities and services. (d) The provisions of this Code and all other applicable ordinances, regulations and policies of the county shall be construed as applicable planning and permilling laws, rules, regulations, and policies which control development of lands within the Collier County Water-Sewer District to be http://libraryl.municode.comldefau!tlDoc View/! 0578111305/311 411712008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AN'lge~~1'M.2I8lA February 24, 2009 Page 124 of 462 serviced by a special-purpose government such as a community development district. (Ord, No. 04-55, S 2.B.) Sees. 134-187-134-200. Reserved. DIVISION 3. RESERVED" "Editor's note: Ord. No. 01-73, S 8, adopted Dee, 11,2001, repealed SS 134-201-134-204, in their entirety, Formerly, said sections pertained to extension of existing distribution water mains, applications for distribution water main extensions, permits for distribution water main extensions, conditions, water service area boundaries as related to the City of Naples Service Area, See the Code Comparative Table, Sees. 134-201--134-215. Reserved. DIVISION 4. RESERVED" "Editor's note: Ord. No. 01-73, S 8, adopted Dec. 11,2001, repealed SS 134-216--134-219, in their entirety, Formerly, said sections pertained to general regulations, definitions, abbreviations, and supplemental service charge as related to sewer use restrictions. See the Code Comparative Table. Sees. 134-216--134-225. Reserved. DIVISION 5. RESERVED* "Editor's note: Ord. No. 01-73, S 8, adopted Dec. 11, 2001, repealed SS 134-226--134-250, in their entirety. Formerly, said sections pertained to general provisions, discharge of industrial waste, effluent quality bond, use of public wastewater system, general discharge prohibitions, maximum concentrations allowed, approval of pretreatment facilities, maintenance of pretreatment facilities, use of interceptors (traps), use of control manhole, measurements, tests, special arrangements, special arrangements; determination of acceptability, national categorical pretreatment standards, alternative discharge limits, state requirements, county's and district's right of revision, excessive discharge, pretreatment standards, slug discharges, reasonable service conditions, baseline report, compliance schedule, compliance date report, and periodic compliance reports as related to rules and regulations of the uniform utility operating and regUlatory standards and procedures. See the Code Comparative Table, http://Iibrary1,municode,comJdefaultlDocViewIl0578/1/305/31 1 4/17/2008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AN.genBl\!lteUK1f28JA February 24, 2009 Page 125 of 462 Sees. 134-226--134-255, Reserved. DIVISION 6. RESERVED" "Editor's note: Ord. No. 01-73, S 8, adopted Dee, 11,2001, repealed SS 134-256--134-258, in their entirety. Formerly, said sections pertained to monitoring facilities, inspection and sampling and powers and authority of inspectors as related to monitoring and inspections See the Code Comparative Table, Sees. 134-256-134-258, Reserved. DIVISION 7. RESERVED" "Editor's note: Ord. No, 01-73, S 8, adopted Dec, 11, 2001, repealed !is 134-261--134-265, in their entirety. Formerly, said sections pertained to penalties, authority to disconnect service, suspension of service, revocation of permit, and notice of disconnection, suspension, revocation as related to confidential information. See the Code Comparative Table. Secs. 134-261-134-270, Reserved, DIVISION 8. RESERVED" "Editor's note: Ord. No, 01-73, S 8, adopted Dec. 11,2001, repealed SS 134-271,134.272, in their entirety, Formerly, said sections pertained to confidential information and disclosure laws as related to confidential information. See the Code Comparative Table, Sees, 134-271-134-275, Reserved, DIVISION 9. RESERVED" "Editor's note: Ord, No. 01-73, S 8, adopted Dec. 11, 2001, repealed !is 134-276--134-278 in their entirety, Formerly, said sections pertained to purpose, service charges and charges and fees as related to service charges and fees, See the Code Comparative Table. http://libraryl.municode,com/default/DocView/l0578/1/305/311 4/17/2008 ARTICLE VI, WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING ANgenBagllJiZ6NnJ8A February 24, 2009 Page 126 of 462 Secs, 134-276--134-285. Reserved. DIVISION 10. WATER IRRIGATION" "Editor's note: Ord. No, 00-61, !HI1--8, adopted Sept. 26, 2000, did not specifically amend this Code, Hence its inclusion as ~~ 134-286--134-293 was at the discretion of the editor. See the Code Comparative Table, Sec. 134-286. Title and applicability. This division is entitled "The Collier County Water Irrigation Ordinance." This division shall apply only within unincorporated Collier County, (Ord, No. 00-61, ~ 1, 9-26-00) Sec. 134-287. Findings. The board of county commissioners hereby makes the following findings: (1) That irrigation by water during the hours of 9:00 a.m, and 5:00 p.m, increases water loss to evaporation and reduces the beneficial use of water resources; (2) That adopting an ordinance to limit irrigation between 5:00 p.m. and 9:00 a,m. will raise public awareness and promote conservation; and (3) That restricting irrigation during the hours of 9:00 a,m, and 5:00 p,m, will not create a hardship on residents of the county. (Ord, No, 00-61, ~ 2,9-26-00) Sec. 134-288. Purpose. The primary purpose of this division is to provide a regulatory framework to assist in conservation of water resources through consistent and uniform use for landscape irrigation in specified geographic areas, (Ord. No. 00-61, ~ 3, 9-26-00) Sec. 134-289. Definitions. The following definitions shall apply throughout this division: Agriculture means the growing of farm products including, but not limited to, sugar cane, vegetables, citrus and other fruits, pasture lands, sod or nursery stock, including, but not limited to, ornamental foliage and greenhouse plants, County means Collier County, a politicai subdivision of the State of Florida, by and through its http://Iibrary1.mllnicode,comldefallltIDoc View/1 0578/1/305/311 4/17/2008 ARTICLE VI, WATER-SEWER DISTRICT UNIFORM BILLING. OPERATING ANmn~~61!)fmf\ February 24, 2009 Page 127 of 462 board of county commissioners and as Ex-Officio the Governing Board of the Collier County Water-Sewer District and Goodland Water District. Code enforcement officer means any authorized agent or employee of the county whose duty it is to enforce most of the county's codes. County water/sewer district means the service boundaries as established in Collier County Water-Sewer District, Special Act Chapter 88-499, Laws of Florida, as now or hereafter amended, Goodland Water District means the service boundaries as established in Goodland Water District, Ordinance No. 80-43, or its successor ordinance, Impervious means land surfaces that do not allow penetration of water, including paved roads, paved sidewalks, paved driveways, paved parking lots, or highly compacted areas, including with shell or with clay. Irrigation means the application of water from surface water or ground water sources or aquifers. Irrigation systems means equipment and/or devices which deliver water to landscaping being irrigated including, but not limited to, pipelines, control structures, pipes, ditches, pumping stations, emitters, valves and fittings, but excluding the transfer of water through water management systems from one location to another. Person means natural person, public or private corporation, firm, association, joint venture, partnership, municipality, government or governmental agency, political subdivision, and any other entity whatsoever, or any combination of same, jointly or severally. Water resources means surface and groundwater sources and aquifers, Water utility service means water service provided by a public or private utility, (Ord No. 00-61, ~ 4, 9-26-00) Sec. 134-290. Irrigation hours; operational prohibitions. (a) All water irrigation activities within those areas and boundaries as designated in section 134-291, and which are not exempted by section 134-292, shall be restricted to the hours between 5:00 p,m. and 9:00 a.m., seven days each week. Subject to the exceptions specified in this division, irrigation by water in those areas is prohibited between the hours of 9:00 a,m" and 5:00 p.m., seven days each week. (b) All water irrigation activities within those areas and boundaries as designated in section 134-291, and which are not exempted by section 134-292, shall be operated in an effective manner so as to not allow water to be applied continuously or primarily to any impervious surface. (c) All water irrigation activities prohibited or restricted from time-to-time by emergency orders declared by the South Florida Water Management District and published in a newspaper of general circulation in Collier County pursuant to F,S, ~ 373,175, Each such order shall apply to such geographic areas in the county as are specified in the respective order or, if not specified, as otherwise provided by law. Each such order shall be subject only to such exceptions as specified in the respective order, and if not specified therein, as otherwise provided by law, (Ord, No. 00-61, ~ 5, 9-26-00; Ord. No, 00-86, ~ 1,12-12-00) Sec. 134-291. Irrigation restriction affected areas. (a) The provisions of this division shall apply immediately on its effective date to landscape http://libraryl,municode,com/default/DocView/l 0578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING A~~~~rr~~~ Page 128 of 462 irrigation within the boundaries of the Collier County Water/Sewer District and within the boundaries of the Goodland Water District. (b) This division shall hereafter be applicable to other geographic areas of unincorporated Collier County if and when the respective geographic area Is classified, by resolution(s) adopted by the board of county commissioners after pubiic hearing, as a water irrigation restricted area, which may include areas served by private utility water service. (Ord. No, 00-61, S 6, 9-26-00) Sec. 134-292. Exemptions; variances. (a) The following activities are exempt from all provisions of this division: (1) Landscape irrigation by hand watering using only a self-canceling nozzle. (2) Landscape irrigation from which the water source is only treated wastewater effluent. (3) The short-term operation of irrigation systems only for system repair and maintenance, which shall be limited to a maximum of ten minutes per zone per week and there must be a person present and working on the system during each such operation. (4) Landscape irrigation for purposes of watering in fungicides, insecticides and herbicides as required by the manufacturer of the product, or by federal or Florida law, This exemption, however, applies only to then licensed pest control operators and is limited to the amounts of "watering in" water specified by the manufacturer's recommendations. (5) For the first 90 days after initial installation, iandscape irrigation for the purpose of "watering in" newly planted grass and foliage that constitutes a major portion of the landscaping. (6) Agricultural irrigation to the extent permitted by a consumptive or water use permit issued by the South Florida Water Management District. (b) Any person whose irrigation is affected by this division may make application to the county water director for a variance if strict compliance with this division will impose a unique, unnecessary and inequitable hardship on such service. Relief may be granted only upon submitted proof that such hardship is peculiar to that person or that affected property, the problem is not self-imposed, and that the granting of the variance would be consistent with the general Intent and purpose of this division and the variance is the minimum variance necessary to eliminate the hardship. (1) The county water director is the only person authorized to grant or deny variances for irrigation activities that utilize water provided by the county water/sewer district or the Goodland Water District. The water director shouid render a decision on the variance request within ten working days after actual receipt of a complete application, Denial of a variance request may be appealed to the public works administrator within ten days of actual receipt by the applicant of the water director's decision on the initial request. (2) An application for variance, and/or the granting of a variance, shall operate prospectively and shall not affect any then pending enforcement action against the property owner pursuant to the provisions of this division or otherwise. (c) Shouid the board of county commissioners extend the provisions of this division to any other areas (only in unincorporated Collier County), the county manager shall designate a county employee who will be responsible to act on behalf of the county to approve, in whole or http://libraryl.municode,comldefaultlDoc View/l 0578/1/3 05/311 4/17/2008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERA TING AA9'~~~!!ri~t~~ Page 129 of 462 in part, or to disapprove, variance requests within any such designated area(s). This person may also be the county's water director. (Ord No, 00-61, S 7, 9-26-00) Sec. 134-293. Penalties. (a) Violators of this division shall be issued a $25.00 citation pursuant to the county's citation ordinance, Persons who commit repeat violations may also be punished pursuant to F.S. S 162,21, as a civil infraction with a maximum civil penalty not to exceed $500.00. Any person who violates any provision of this division shall also be subject to the county's remedies as authorized in F.S, S 125.69, and/or section 1-6 of the county's Code of Ordinances. (1) Each day (or part thereof) that there is a violation of this division by the same person or entity shall constitute a separate offense, (2) All rnonies collected pursuant to this division shall be used by the code enforcement department to fund continued and enhanced enforcement of this division andfor other county ordinances under its jurisdiction. (Ord, No, 00-61, S 8,9-26-00) Secs. 134-294--134-310. Reserved. I/Collier County, Florida/CODE OF LAWS AND ORDINANCES County of COLLIER. FLORIDA Codified through Ord. No. 07-45, enacted May 22, 2007. (Supplement No. 22)/Chapter 134 UTILITIES"/ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS" http://library1,municode.comldefaultJDoc View/] 0578/11305/311 4/17/2008 Agenda Item No. 10A February 24, 2009 Page 130 of 462 Jean E. Valadez From: Sent: To: Subject: Attachments: Lewis, Doug [dalewis@ralaw,com] Tuesday, May 13, 2008 9:48 AM Jean e, Valadez FW: Tamiami Square of Naples Tamiami Square 020.jpg; Tamiami Square 021.jpg; Tamlaml Square 022.jpg; Tamiami Square 023.jpg; Tamiami Square 024,jpg; Tamiami Square 025.jpg; Tamiami Square 026.jpg Fyi -- for your file. From: LewiS, Doug Sent: Tuesday, May 13, 2008 9:48 AM To: 'wides_tom'; 'GlIbertMondvalz@colllergov.net' Cc: 'belpediojennlfer'; 'CrifasirealtyCo@aol.com' Subject: Tamiaml Square of Naples <<Tamiami Square 020,jpg>> <<Tamiami Square 021 ,jpg>> <<Tamiaml Square 022,jpg>> <<Tamiami Square 023.jpg>> <<Tamiami Square 024.jpg>> <<Tamiami Square 025,jpg>> <<Tamiaml Square 026,jpg>> Tom & GiI, In follow-up to our meeting yesterday, Jerry Hartman and I went to the site and walked the property after our meeting. For your review and file. attached are photographs of the only lift station located on the very north end of the property. Let me know If you have any further questions related to the lift station. Also, in the right-of-way median just north of the site, we noticed that the median is being irrigated by reclaimed water, Does the site have access to reclaimed water for irrigation purposes? Let us know, Thanks!! Douglas A, Lewis '__&)ANDRESS II A LEGAL PROFESSIONAL ASSOCIATiON www.ralaw.com 850 Park Shore Drive Trianon Centre - 3 rd Floor Naples, Flortda 34103 Phone: (239) 649-2712 Fax: (239) 261-3659 B-rnad; dalew;st1l!ralaw,com Prof1le: Douglas A. Lewis BOll1 DClugJil1'i i\. Lr.:wis iUld Rot'lzel & Andn:ss illlt.:ncl lhillltJlS mess;,lge he used e,"\clwdvL'lf ll'y rIlL' ilddrt'ss~l:(st. Thi0 messagl' rni\~i t'lllJlain inforl11ation lhat' is privikgl'd, coutidcmi::t1 and t'xcmpl from disc!murc under arplicabk l:1w. lJn:nHhorizcd disc.losure' or Ll~t urlhis infonmltion i~ strklly prol1ihitcd. rr you have n:L:dVl'O this comll1unkatinn in error, ple~lse pl::muml::lltl~i Ulsjlos(, of 111\-' origirul I1H.'SsagL' and notify Dl)UgliJS A. Lt'wi~ immediately at 1(239) 649~27 J 2. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or (2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. C<'1 ;J ,..,) l{) v'\ :e. ,:j -C .c..... 6 -f, '" CJ- 1(\ ~ j. J '~ 'v , .,:~1;:i~~;~;.;; I~' ,(.I'j\ '" I . , . t'lif;~tl'~:',""d' ~_ ,J.J1'" i,f.:, I ,~ ' , "I"'r"!;.. ;,.: ;':'1":"'1 ''';'. Agenda Item NO.1 OA -----"...__._.,-~---- Agenda Item No. 10A ,~ Agenda Item No. 10A Agenda Item No. 10A Ag<:.nda Item No. 10A Agenda Item No. 10A February 24, 2009 Page 138 of 462 Attachment E Pre-Application Meeting Follow-up FW: Tamiami Square.. Pre-Application Meeting with the County on W&S Impact Fep(~enda RiHWtJoO~&A February 24, 2009 Page 139 of 462 FW: Tamiami Square -- Pre-Application Meeting with the County on W&S Impact Fees Jean E. Valadez sent: Thursday, May 22, 20082:35 PM To: Geny Hartman Attachments: Document.pdf (10 K8) ~..-_._,----,.....-~--"~,~"......~-------------".'" FYI. Jean E, Valadez Senior Office Coordinator GAl Orlando has movedl Please note our new address below: GAl Consultants, Inc, 301 East Pine Street, Suite 1020 Orlando, Florida 32801 T 407.423.8398 ext. 3126 F 407,843.1070 www.ga!f9nSU Ita nts&o rn GAl CON'SUl T"HTS r.. ~ ..._---...... j-tm..II:Ql1'i,g l(le~..; 111:'-' r"'-:31.l'l !ur GI".,;! :.i>,..e.:m. S,::.I I~' a t.l'(\-~~t~"'. ~~l,pj'~.ee~JW1'~, \ w ui [jGi'iJ:.t:_~IL"f'U ~n9:.::'f"'::' j,'l,:!- "I !"Ill I.:II"'~I ('\In1I':--I,t,~ I ':')Il,u Il,'lg Ilr rrl, y~'t'\"rrQ [ll I r (.l...;I1~1; ':t':ill~h'''I[k: 1l1.r"~ '2U':':Hfy", lr.;.n~~('t'Jlj('I1, :(;,'1' '~~t3t.e, 111.jlJ';~~id: CIlia 9;;,..~tllr1i':::n~31 ~~r:'~eG '1'~':1' e'~,[e:::. ;h...,..:/" ',:~ l t 1-\(' ~Jr:'-l. !,':~{1';'l, ,:/1Il:1W'~$1. ,v~l 'JL'uL,e,,:,le:-1'1 Unll'.;J ::-,l,i'lt(.~~. .J CtltluunNG ~tm- nus 01" SE__vtCE CONFIDENTIALITY NOTICE The documents and materials transmitted herewith contain confidential and proprietary information belonging to the sender and are legally privileged. They <lfe solely for the use of thE-ir intended recipient. If you <Ire not the intended recipient or the person responsible for delivering e-mail to the intended recipient, you nave received this e-mail in error. Inform the sender 01 the error and remove this e-mail from your system. Ifthis transmission indudE's design data and recommendations, they are providE'd only <is a matter of convenience and should not be used for final design and/or construction. From: Lewis, Doug [mailto:dalewis@ralaw.com] Sent: Thursday, May 22, 2008 2:2S PM To: CrifasirealtyCo@aol.com Cc: Jean E, Valadez; Nelson, Karen Subject: RE: Tamiami Square -- Pre-Application Meeting with the County on W&S Impact Fees <<Document.pdf>> Jack, In follow-up to the below, I will follow-up on items 1 & 2 below. You are handling #3 below directly with the consultant, correct? Also, the County asked who is Sunwest plumbing and if they work for you? They work for you correct? The County said that the irrigation meter information provided to the County seemed incorrect. Jerry is going to review this Information and provide fOllOW-UP to you and the County on this. https://webmail.gaiconsultants.comlOW A/?ae=! tem&a=Print&t=IPM.Note&id=RgAAAA... 5/27/2008 ~ '~ FW: Tamiami Square -- Pre-Application Meeting with the County on W&S Impact Fe'1i'gendlilWr\\ ~8ftbA February 24, 2009 Page 140 of 462 Finally, please review the attached and confirm with Jerry and I whether it is correct and that the ERC calculation reflects what you are showing based on issued permits for the project. Thanks!! Douglas A, Lewis 1_~ANn~Ess..11 A LEGAL PROFESSIONAL ASSOCIATION WWF...ralaw.C.Q.lTI 850 Park Shore Drive Trianon Centre - 3rd Floor Naples, Florida 34103 Phone: (239) 649-2712 Fax: (239) 261-3659 E-mail: dalewis_@]:a.l~.com Profile: DQuglas ,'", Lewis Botb Douglas A. Lewis and Roetzel & Andres!) intend tJ,al {his message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law, Unauthorized disclosure- or use ofthis infl..lrmation is strictly prohibited. If you have received this communication in error, pl~ase pen1KlI1ently dispose ofrhe original 111essage and notify Douglas A. Lewis immediately at 1(239) 649-2712. Thank you. From: Lewis, Doug Sent: Monday, May 12, 2008 6:03 PM To: 'CrifasirealtyCo@aol.com' Cc: Nelson, Karen Subject: Tamiaml Square - Pre-Application Meeting with the County on W&S Impact Fees Importance: High Jack, In follow-up to the pre-appilcation meeting today, the County is asking for the following Items: 1, Sewer flows for February, March and April '08 (Shall I follow-up with J&N on this or can someone in your office track this down?); 2, The number of sewer pumps on the property, where located and how are they configured - e.g. will these pumps or single pump service all of the sewer flows for the entire project (Shall I follow-up with J&N on this or can someone in your office track this down?); 3. Copy of the utility plan showing location of potable water and irrigation lines (if you go with a separate irrigation meter, you'll need to have a separate irrigation line and the county will want controllers on the irrigation lines to limit to 80 gpm at peak); Also, the County asked who is Sunwest piumbing and if they work for you? They said that the irrigation meter information provided to the County seemed incorrect. Jerry Is going to review this information and provide follow- https:/ /webmai1. gaiconsultants, comlOW A/?ae=Item&a=Print&FIPM.Note&id=RgAAAA,.. 5/27/2008 FW: Tamiami Square -- Pre-Application Meeting with the County on W&S Impact Fe'l\benda~lll*i ~&t;~A February 24, 2009 Page 141 of 462 up to the County on this. Finally, please review the attached and confirm whether it is correct and that the ERC calculation reflects what you are showing based on issued permits for the project Thanks!! << File: Documentpdf>> Douglas A. Lewis << OLE Object: Picture (Metafile) >> wwv;.ralaw.colT1 <http://www.ralaw,coroL> 850 Park Shore Drive Trianon Centre - 3rd Floor Naples, Florida 34103 Phone: (239) 649-2712 Fax: (239) 261-3659 E-mail: dalewis@ralaw.com Profile: Douglas A. Lewis <http://www.ral.a..\l.comlattorney.cfrn?id=45.12> Both Douglas A. Lewis and Roetzel & Andress intend that this message be used exclusively by the addressee (s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239) 649-2712, Thank you. Any federal tax advice contained herein or lTI any attachment hereto ~s not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or (2) support the promotion or marketing of any transaction or matter. Tnls legend has been affixed to 80mply with O.S. Treasu:::-y Regulations governlng tax practice. https:llwebmai1.gaiconsultants.com/OW A/?ae=Item&a=Print&t=IPM.Note&id=RgAAAA.., 5/27/2008 FW: Tamiami Square of Naples Agenda R~~ofolA February 24, 2009 Page 142 of 462 FW: Tamiami Square of Naples Jean E. Valadez Sent: Thursday, May 22, 2008 2:34 PM To: Gerry Hartman ..._---'--_.__..._..-..,._,~-~......._~-_."--""~y---------.._~..,.,...--,,"_...--_.........,.......~_._,,-~---_.""- FYI. Jean E. Valadez Senior Office Coordinator GAl Orlando has moved! Please note our new address below: GAl Consultants, Inc. 301 East Pine Street, Suite 1020 Orlando, Florida 32801 T 407.423.8398 ext. 3126 F 407.843.1070 www.gaiconsultants.com iO;A! COH5ULTAH'TS ~ - , fr,Hlsll)""fl'krly jd~~s ,n'I,,) f(~~I'.l'r' !'r..>r l'rVe:( 51~ y(;o!t-.:.,. G.Al i.; d 6L:O-J.-"'t/9.)lt ~m-DI~~r:.'<l'II~'C"(j. J '~,u't1(':I:;.ri;lII':"'.1 -:nqi"'!.::l::III,? aM ~~nv:r(lllln, ent~1 ['.In:;l.li!mg tifm, $(:Ivmg -JI!f c:!.err.~ '''4vrIJ'.\,~;j(: n :lltc '.:-n,~.rg'~, lr~16~'.LI:~)t:t:,II. :e~" ~~!li;tr:, IiKlu:;t.13i ;:'IKJ Q(....{'on)rl'~I'I:31 r.~,Ii(,~t1; (Iu.,}, C~~\~l~~ th,';;u'Q,",8'..l Lilt: ~Jc"'lr,:.::a::;',. Mld,\'(:sl, a r;d SOutH:a';te1Il Unllco <;;,tatc.!.. etu'.....".., rtm nAJlCi OF' SER\tlCE CONFIDENTIAliTY NOTICE Th@documents and mat@rialstransmitted herewith contain confidential and proprietary information b@longingtothe sender and are legal IV privileged. They are solely for the use of their intended recipient. Jfyou are not the Intended recipient or the person responsible for delivering e-mail to the intended recipient, you have received this e-maiJ in error, Inform the sender of the errOr and remove this e-mail from your system. If this transmission includes design data and recommendations, they are provided only as a matter of convenience and should not be used for final design and/or construction. From: Lewis, Doug [maillo:dalewis@ralaw.comj Sent: Thursday, May 22, 2008 2:14 PM To: Lewis, Doug; CrlfaslrealtyCo@aol.com Cc: Jean E. Valadez; Nelson, Karen Subject: RE: Tamiami Square of Naples Jack, Have you provided a copy of the utility plan showing location of potable water and irrigation lines to the consultant? If not, can you follow-up with Jean on this. See her contact information below. -Doug From: Lewis, Doug Sent: Tuesday, May 13, 2008 10: 17 AM To: 'Jean E. Valadez' Cc: 'CrifaslrealtyCo@aol.com' Subject: RE: Tamiami Square of Naples https://webmail.gaiconsultants.com/OW A/?ae=Item&a=Print&t=IPM.Note&id=RgAAAA... 5/27/2008 FW: Tamiami Square of Naples Agendall~ ~<9f1~A February 24, 2009 Page 143 of 462 Yes, Thank you. I have an inquiry into the client requesting thiS, - Doug _ ~."___._. ____~._._..._. ._ __.___.__,,_._______..._. ..~U_"__,_______._.__,__._ From: Jean E. Valadez [mailto:j.valadez@gaiconsultants.com] Sent: Tuesday, May 13, 2008 10:09 AM To: Lewis, Doug Subject: RE: Tamiami Square of Naples Thanksl Gerry asked me to remind you that you were going to send us the plans and drawings for Tamiami Square. Jean E. Valadez Senior Office Coordinator GAl Orlando has moved! Please note our new address below: GAl Consultants, Inc. 301 East Pine Street, Suite 1020 Orlando, Florida 32801 T 407.423.8398 ext. 3126 F 407.843.1070 w"'{w.gaicor}~l} [!~ nts. com GAl Cl:)NSUl TAHTS ~ '\ T,i1Il'"It;'Jr'll":"q i,1'~~s 111,(II"~~:Ji-,'-V II)! CNl::/:it) ',~':.1!<:', GAl :~.ll 6t.:(i'I~t:!;J':,. tmpl(rI"~0~::I'.';'retl, "'~IJ.lIGI:;,tj;1lr'''''O '~II';Il,:,~~edll';' ,1M ejh",(.'(,m~lltil,1 U':II'')ull'fIY Hfll'l ~""'..:r..."rtg ('~jl ,:Itr.:lltii '.'I'.:rlljw,:I.: ill :ljO~ ':':11,,::rgV. Ir,1I\Sp.:,!lt..:;llr:"L "I'.;-,j: ~St.Jh::J 1J1':1U';'I_'id~ :.:Ij g')I.'I':(1"lIlI~lIr~:d '1'~1".c1$ j\~l"l ')-~~':_':-S Ul ",,~;",J':.:.l U',() :'J,::.'t~'~"s.t, "li:j,'.'L:,:.t, ~;,;1 S('wt\I'~1'~l~m Uflll'!'-:.J ::t,1'"'='.:. e:etn...n,,"lm lEUS OJl SEItVrCe CONFIDENTIALITY NOTICE The dDcument5 and materia!5 triln5mitted herewith contain confidential and proprietary information belonging to the sender and are legally privileged_ They are solely for the use of their intended recipient. If yOLl are not the intended recipient or the person responsible for delivering e-mail to the Intended recipient, you have received thiS e-mail m eorror. Inform the sender of the error and remove this e-mail from your system. If this transmission includes design data and rl:;'wmmendation!;, they are provided only as a rnattf'or of convenience and should not be used for final design and/or construction. From: Lewis, Doug [mailto:dalewis@ralaw.com] Sent: Tuesday, May 13, 2008 9:48 AM To: Jean E. Valadez Subject: FW: Tamiami Square of Naples Fyi -- for your file. from: Lewis, Doug sent: Tuesday. May 13, 2008 9:48 AM To~ 'wides_tom'; 'GilbertMonciviliz@colliergov.net' Cc: 'belpediojennifer'; 'CrifasirealtyCo@aol.com' Subject: Tamiami Square of Naples https://webmail.gaiconsultants.comlOW A/?ae=Item&a=Print&t=IPM.Note&id=RgAAAA... 5/27/2008 FW: Tamiami Square of Naples Agenda~m ~oo~ 8A February 24, 2009 Page 144 of 462 <<Tamiami Square 020.jpg>> <<Tamiami Square 021.jpg>> <<Tamiami Square 022.jpg>> <<Tamiami Square 023.jpg>> <<Tamiami Square 024.jpg>> <<Tamiami Square 025.jpg>> <<Tamiami Square 026.jpg>> Tom & GiI, In follow-up to our meeting yesterday, Jeny Hartman and I went to the site and walked the property after our meeting. For your review and file. attached are photographs of the only lift station located on the very north end of the property. Let me know if you have any further questions related to the 'if! station. Also, i",the right-of-way median just north of the site, we noticed that the median is being irrigated by reclaimed water. Does the site have access to reclaimed water for irrigation purposes? Let us know. Thanks!! Douglas A. Lewis l_____syANDRESS II A LEGAL PROFESSIONAL ASSOCIATION ~w..\Y..:.@Ja_w.com 850 Park Shore Drive Trianon Centre - 3rd Floor Naples, Florida 34J03 Phone: (239) 649-2712 Fax: (239) 261-3659 E-mail: daleJVisliVralaw.com Profile: DouglM.A. Lewis Both Douglas A. Lewis and Roerzel & Andr~ss intend that this message be used exclusively by the addressee(s). This mess3g~ may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this infom1ation is strictly prohibited. If you have received this communication in error, please pcnnanently dispose of the original message and nOli(y D(,uglas A. Lewls immediately at 1(239) 649-2712. Thank YOll. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or (2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. Any federal tax advice contained herein or i~ any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Ir.ternal Revenue Code or (2) support the promotion or marketing of any transaction or https:/lwebmail.gaiconsultants.comlOW A/?ae=I tem&a=Print&t=IPM.Note&id=RgAAAA... 5/27/2008 Agenda Item No.1 OA February 24, 2009 Page 145 of 462 Attachment F Excerpts from ~stem Development CharQes for Water, Wastewater, and Stormwater Facilities by Arthur C. 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"'0 0 ;; ..... 0 'tl ~=~~b~ &"; ]~~~g55tu2~ ~8~~'GS~ ~ ~~Uw ~a-~~~ E o~~~~wu ~~~~~~u~~~~ ",o.)~Ohl..ro::':l~b.O :.::l_~>w~;>-,:::..o ~ ~~ ~~~~ro ~~~~~~8~8~o ol,).-:l "tjU ro~k) ~et:::o~..c-c..."'dwr/J ~ .~ e ~ ] ~ ~ ~ f; ~ ~ ~ ~ .~ ~ .s 6 ~ .-? ~~ ~u~..c~~~.~~~~~~u~O"'d ~~~ ~ 0 VJ . ~ _ ..::: ro . ...:..::: ~ 0 CIl ::l c.. C ,~ B ""' ~ 0 ...... '. III U :::l ~ ~ '~ ~ '2 'n ~ !:..O \I; ('J -==: >.. C':l ,~ ("d g-. 'd ;>, i'ii -5 u S ro ...o.E ~ ~..o t.C ....;: ,... 0 .<;; ::: .. I ~u~~o "'d ~CIl~"""O~UU~ ~OC"GQ ~~u~E]Q'~~-~~o~~~ ~u.~C':lS.;~~~~~i8~~d("d,~~~"'d~ :::8~~E- \O~:::::o ro ~C o~ ..~uo~~owoU~~~~~&Ill~& ~ ~~~]~]~i~~ '~~~~.s~~ffi~]'~ Agenda Item No, 10A February 24,2009 Page 151 of 462 ~~~~~~~ca~~ o 0.. ..d ~ Q ~ ,~ ~ "d ~~"'Oiilc~1:l..o.0::lQ ~ ~ '" 1-< U "t:; ~ 00 ._~ -il.!lil;;:l'Ov .~5S,," "'i3'''''''t! ",. III ..... B; ~ <=I r-' "'d c..> "0 ~ U ?' ~ . u C S "0 g - BOO .~....; ~::Iu.tjo;.lj\l;DooQJ ~CI)0~~;~~o..:g "C iU,~.::l .... Q N N "'d ~ 'Oi;8l-<fi..d~~ac ,.J::l 0.. 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" '" " .0 ,~ .~ Agenda Item No. 10A February 24, 2009 Page 152 of 462 Attachment G Excerpts from AWWA Principles of Water Rates, Fees, and Chara~ ----- - --- . \ Agenda Item NO.1 OA February 24,2009 Page 153 of 462 Principles of Water Rates, Fees, and Charges AWWA MANUAL M1 Fifth Edifion FOUNDED ~ 1881 '" American Water Works Association Agenda Item No. 10A February 24. 2009 Page 154 of 462 LOW-INCOME AFFORDABILITY RATES 131 government provides assistance to less affluent countries to make water service available at more affordable prices. Within North America, an increasing number of water utilities have adopted affordability programs. It is not uncommon to find some ele;"'ents of affordability rates in many major cities. POLICY ISSUES Low-income affordability alternatives are intended to address social issues, and utility involvement in such issues may be controversial. Although each utility needs to decide whether or not it will participate in such programs, an increasing number of utilities are addressing water affordability in their rates. These types of rate alternatives should be considered when a utility's cost of water is high and some customers have problems paying their bill. Indications of this scenario can include rising arrearages, higher collection costs, and more frequent shutoffs for nonpayment. In making this determination, the cost-of-service analysis should be done first without any affordability considerations. During the rate design portion of the analysis, affordability considerations can be taken into account. The rate analyst then can measure the effects of affordability alternatives and better quantify any discounts and subsidies involved. Low-income rates typically require some degree of subsidy. The question of which customer groups should provide the subsidy needs to be addressed. Utilities should recognize that adopting more affordable rates can reduce the utility's costs if the low-income rates result in increased collections and reduced collection costs. The first issue to consider is at what point a water bill becomes unaffordable. While there is no clear answer to this question, the following guidelines can help utilities make such a determination: . The Safe Drinking Water Act (S. 1547) established special assistance in communities where the average residential water bill exceeds 2 percent of median income. , \ , . The US Department of Agriculture has a program to provide funds for water and wastewater systems. Loans are made for projects where the residential water bills are 1.5 percent of the community's median income. Grants are awarded for costs in excess of 1.5 percent. . The AWWAItF report, Water Affordability Programs, suggests that programs should not be based on median income but on rates that cause water bills to exceed 2 percent of income for impoverished households. Because of the focus on impoverished households, a measure of 2 percent was selected to determine if water service costs were burdensome. I 1, " ; ! ~ I Different measures of poverty can be used to determine eligibility. These include Aid to Families with Dependent Children (AFDC), Supplemental Social Security Income (SSI), minimum wage incomes, and US poverty level. Many of these measures vary with family size. Based on the results of national water and wastewater rate surveys, bills have become unaffordable for low-income households in some of our major cities. For those living on S8I, water and wastewater bills exceeded 5 percent of income for these households in a number of cities. Perhaps the biggest issue involved with affordable rate programs is how to determine eligibility. Utilities are often uneasy about gathering, administering, and verifying income data. Fortunately, a number of existing programs can help. I J I { ! f I I , I Agenda Item No, 10A February 24. 2009 Page 155 of 462 SYSTEM DEVELOPMENT CHARGES 205 amount of available capacity and investment of these existing facilities should be documented to substantiate the actual cost and value of the facilities. Determining development units. To calculate the SDC, the projected system growth in demand must be converted into common units. Units used to establish the SDC will vary with available information, timing of the SDC assessment and collection, and the billing practices used by the utility. Units may be derived from the system growth analysis and capital improvements planning. Most SDC-related facilities are, designed on the basis of annual average day use, maximum day demand, or maximum hour demand. After the SDC-related capital investment is determined, it must be divided by the applicable design capacity to obtain a cost per unit of capacity. Each type of customer (i.e., residential, commercial, or industrial) has s particular demand or capacity requirement that, when applied to the unit cost of SDC facilities, provides a measure of the investment in SDC facilities applicable to that type of customer. It is common to develop an SDC for a residential customer, or equivalent residential unit, using this unit cost approach, then develop a schedule of SDCs using common billing determinants that relate potential demands of other types of customers to that of the base, or residential, demand. Among the more frequently used units for thiB purpose are meter size, fixture units, and land area with associated land~use characteristics. Meter size is the most common determinant for assessing SDCs, and the capacity factors developed in Table 28-2 often are used to establish charges for customers with meters greater than %-in. When charges are collected at the time of service initiation, meter size is often used as a basis for computing SDCs although many utilities use alternative approaches in defining the base service unit, including equivalent residential units (ERUs) or fixture units. Usually, equivalent service units are developed for customers with more intense uses or potential demand. For example, charges for larger meters may be based on AWWA-rated meter capacity using a %-in. meter as the base service unit. Total overall premise use, facility size, capacity requirement, and number of fixtures also are used with ERU-based charges, The meter size approach may be easiest to explain to customers. It is based on the potential maximum demand that the customer may put on the system, but it does not consider patterns or intensities of customer usage. Meter sizes are expressed in terms of equivalent meters, generally based on the relative capacity of various meter sizes, The ERU approach different.iat.es among customer classes, but it can be difficult. to explain and, in some situations, difficult to determine and apply consistently. The ERU approach is often directly related to the number of fixture units and is based on the potential loading of various fixtures. As a result, the charge for each new customer must be computed individually, which is a disadvantage to thiB approach. If collection of the SDC is made at the time of platting, the service unit usually is based on an equivalent dwelling unit. The equivalent dwelling unit is based on the estimated demand of a single-family residential unit in the service area. The charge is then based on the size of the dwelling, the types and number of fixtures, or both. Utility billing records are a data source related to system utilization. Water demand characteristics are normally expressed in terms of equivalent units to quantify the capacities of system expansion projects. An example of the cslculation of an SDC on an incremental cost basis is shown in Table 28-4. For purposes of the example in Table 28-4, it is assumed that all local, on-site facilities, such as distribution mains, meter, services, and hydrants, are contributed by the developer through charges and assessments other than the SDC. f i , ".11 j"'1 ~ Ii . ~! l , I : ",II!"' '11 II'. :.,'1 11:1: :11'1 il I I 11'1.' 1.lil;..; ~II. liilll Agenda Item No. 10A February 24,2009 Page 156 of 462 Attachment H Pre-Application Meeting with Tamiami Square and Collier County Utilities Agenda Item NO.1 OA February 24,2009 Page 157 of 462 Attachment H Pre-Application Meeting with Tamiami Square and Collier County Utilities A pre-application meeting was held in accordance with the agreement between Collier County and Tamiami Square developers. 1. Tamiami Sauare Initial Suaaestion Numerous cities, counties and FPSC regulated entities utilize FPSC/AWWAlFAC/F.S. section 25-30.055 and related similar sections for larger service areas which involve the methodology of meter equivalency factors. Since Tamiami Square is served by one 5/8" x %" meter and one 3" meter, as approved by the County and installed and in operation and form the basis of the monthly billing Mr. Hartman initially suggested the consideration of that method. Using the meter equivalency factor methodology the resulting ERCs for the non- residential customer would be: 5/8" x 3/4" = 1 ERC = 16 ERCs 17 ERCs 3" Total See pg. 3-2 and Section 25-30.055 2. Public Utilities Response a.) Rejected due to ERClunit approach pursuant to Ordinances 2007-52 and 2007-57 and water and wastewater impact fee study by PRMG. b.) Provided 3/31/087 letter from Gilbert Monciviaz of the County suggesting two @ 2-inch potable irrigation meters for the irrigation meters for the irrigation water demand @ 6.1 ERCs, meter tapping fee of $1,140 and water impact fee of $22.060.59. See letter attached. In the future, if and when non-potable water is available then reuse water could be substituted. It was pointed out that reuse mains and service to the landscaped medians adjacent and north of the project are served by reclaimed water. GCH/jev/A080376.00/corresp/Attach H Page 1 of 3 072308 Agenda Item No. 10A February 24, 2009 Page 158 of 462 customer billing data for 12 consecutive months and accumulates by customer clas number of ERCs and flows at incremental usage levels, in this case 1,0 gallon increments. The City provided detailed customer and monthly billing infor on for the fiscal year 2005/06. The data received was sorted first by customer s then by meter size into subclasses of users pursuant to meter size and servic eceived in order to determine the number of ERCs and fiow for each of the cus er classes. To verify the results, the existing rates were applied to the calcula ERG and flow data and the resulting revenues reconciled to the reported reven during the same time period. The details of the Billing Frequen nalysis and Revenue Reconciliation are provided in Appendix A, B, and C for r, wastewater, and reclaimed water respectively. 3.4 Cs, AND FLOWS An account, a sed herein, consists of a single connection regardless of customer class, met ize, metered flow, or location. An ERC for water represents a level of service ased on the connection's water meter size as compared to the standard water size of 5/8" x 3/4" for a single family connection. The factors associated with the ater ERCs are provided in Table 3-1, as developed from the AWlNA standards. Table 3-1 AWWA Meter Equivalency Factors Meter Size 5/8" x 3/4" 1.0" 1.5" 2.0" 3.0" 4.0" 6.0" 8.0" 10.0" ERC Factor 1.00 2.50 5.00 8.00 16.00 25.00 50.00 80.00 115.00 TLH/jev/Reports/R-1/Sec 3 HCD # A070299.00 3-2 112907 Agenda Item No. 10A February 24. 2009 Page 159 of 462 25-30.055 Systems with a Capacity or Proposed Capacity to Serve 100 or Fewer Persons. (I) A water or wastewater system is exempt under Section 367.022(6), F.S., if its current or proposed water or wastewater treatment facilities and distribution or collection system have and will have a capacity, excluding fIre flow capacity, of no greater than 10,000 gallons per day or if the entire system is designed to serve no greater than 40 equivalent residential connections (ERCs). For purposes of this rule only, one ERC equals 250 gallons per day. (a) Unless the Commission determines that valid local statistical data should be used, ERCs for residential use are as follows: Single family detached dwellings I ERC per unit Multiple family dwellings .8 ERC per unit Mobile homes .8 ERC per unit (b) ERCs for nonresidential use shall be based on meter size and type as follows: I. For Water Systems Meter Size Meter Type ERCs 518" Displacement 1.0 3/4" Displacement 1.5 I" Displacement 2.5 11/2" Displacement or Turbine 5,0 2" Displacement, Compound or Turbine 8.0 3" Displacement 15.0 3" Compound ]6.0 3" Turbine 17.5 4v Displacement or Compound 25.0 4" Turbine 30.0 6" Displacement or Compound 50,0 6v Turbine 62.5 8" Compound 80,0 8" Turbine 90.0 10" Compound 115.0 lO" Turbine 145.0 12" Turbine 215.0 2. For Wastewater SystelIlB Meter Size Meter Type ERCs S/Slt Displacement 1.0 314" Displacement 1.5 I" Displacement 2.5 1112" Displacement or Turbine 5.0 2" Displacement, Compound or Turbine 8.0 3" Displacement 15.0 3" Compound 16.0 3" Turbine ]7.5 4" Displacement or Compound 25.0 4" Turbine 30.0 6" Displacement or Compound 50,0 6" Turbine 62.5 8" Compound 80.0 8" Turbine 90.0 10" Compound 115.0 10" Turbine 145.0 Agenda Item No. 10A February 24, 2009 Page 160 of 462 12" Turbine 215.0 (c) Where undeveloped land is adjacent to a system or proposed system the Commission may, where appropriate, estimate ERCs for service to future development on the adjacent undeveloped land. Unless the Commission determines that valid local statistical data should be used, ERCs for residential acreage should be estimated as follows: Residential Use ERCs/ Acre Mobile home 4.8 Detached single family 4.0 Estimates for other types of residential acreage and for commercial and industrial uses shall be made on a case by case basis. Specific Authority 350,127(2), 367.121(l)(f) FS Law 1mplemented 367.022(6) FS History-New 1-5-84, Formerly 25-10.10,25-10,010, Amended 11-10-86. 03/31/2008 07:15 9417322585 CC E"G PLA" ROOM Agenda llWPf'No@~~ February 24, 2009 Page 161 of 462 COLLIER COlNTY PUBLIC UTILITIES DIVISION 330! ElU:l "hmbn1i Tr:111 . NlIples. Fl:urid!! :34112. . (230) 731:..2.575 . P8:( (139') 7:n-1.'~2fl March 31, 2008 Ms. Stacey Morales Sunwest Plumbing, LLC 4376 I" Ave NW Naples, FL 34119 Subject: Potable Irrigation Meter 14700 Tami=i Trail North - Ta:niami Square Dear Ms. Morales: Our office has reviewed the preliminary water-o.11y meter sizing information for the above- referenced address. 8ased on the information that you supplied to our office, the requested two inch (2") meter meets our minimum requiremen::s and is therefore acceptable with certain conditions placed on the meter. This does not consider any continuous load demmd. Since our review is for the minimum size requirement. the engineer should consider all rel:.want factors before approving the final meter size. You should apply for the meter with the Public Utilities Customer Service Department located at 4420 Mercantile Avenue. A meter ta1J1Jing fee cf$I,J40 and a water impact fee of $22,060.59 will be charged based on an ERe value of 6.1. ,'lease bring this letter with you at time of payment. The fees quoted in this letter are valid for 90 days from the date of this letter. If you have any further questions or concerns refarding tho information contained in this letter or in the attachments, please feel free to contact me at (239) 252-4215. Sincerely, (]~~ Gilbert Moncivaiz Operations Analyst co: Pam Libby, Water Distribution lieather Sweet, Customer Service Supervisor Craig Callis, Engineering Services Diane Deoss, Utility Billing Supervisor G;r~r"'B TaclIlMc-I;:' lilJiIli"roJUWlrrl-.ttn de. !~~ May-16-07 08:26 Cri~as1 Raal Estate Agenda Item No. 10A February 24. 2009 239 261 5775 Page 162 of#?:t11 FACIMILE ~.AJ~ IDAJJ\\UlmIlJf III!! \ ~ 1 <p {v<-. TO: PAM - Collier Conn Phone: 239-53()-6727 Fax: 239-530-6237 FROM: Diane Hall. Administrative Assistant. Property Mnet. Phone: 239-594-7000 Fax: 239-261-5775 DATE: Mav 16.2007 Pages (with cover ~heet): 3 SUB.JI<:CT: Potable 'rrieation Meter Applications Piper's Crossine: and Tamiami Square o IJrgent ~()r Review o Please Comment 0 Please Reply Pam: PI~us~ tind al1ach~t.llhe complclllU information with regard to the applications for potabk irrigation for Pip~'T's Crossing and Twnillmi Squw-e. Thank you. again. for your h.lp in this mull~r. If you should have any quel<tions, please givc me u t:all. Diane Hall Property Managcmcnt A"Hi~tlUlT Off: 239-594-7000 Cell: 239-~77-1556 "*,N'~_ A...... -'~ A'........,e'<.~ <i(.... yA.....,f a~.;--- /c; 7'; ~-u......,,~ Idh All"chment "C'ummcntl: .rhr i"rurmlLrlnw C'ontfllDt'd het'tln II tlitl" pn\'ilt'J,tl:d :III~ f'()dnd~hlUillnfl'lrt''''H'ulI ."Ientlttl fHlly ruro till" 1151'; flr ttlr. inlfi",lduK' ur mrlt)' 11111..<<1 ablJ\'e" .r tttt rt.dc:r lit thi" "~t . nut Ihe i.1('lIIdtiJ r~ipjc.t. )'0" ut bcn~"'}' ntllirtl'd 11a,.. I.r)' Ilnuthnrt7,t1f d;IK'lnj..ricm~ dillribllliu...., C'Up)' Or lb. c"mmuatMlrion hi titri!:ll)' f'nlhibifnL rr )OU h.,-,. rttt'i,,~ Ibl5l tnmmunir'..'....ll i. t'rTur. plela5C' .n1irr u..IDlmt'dl.rtl)l b,. Itl~pbClnr~ Thin'" ,ruu. Crifasl Maliagemant, In\:. 2375 Tamiaml Tnail North. Suite 208 C . Nap'''. Florida 34103 PH: 239-U4-1ooo . Fax: 2Sg.261.517Sl!mlil: Crlfaalreallyco@aol.com Agenda Item No. 10A February 24,2009 Page 163 of 462 COLLIER COUNTY PUBLIC UTILITIES DmSION 3301 ~ Taminmi TnM . Napl... Florida 341]2 ' (239) 732'2515 . Fax (239) 732-25'26 Mary 17,2007 Ms. Diane Hall Crifasi Management, Inc. 2375 Tamiami Trail North, Suite 208 C Naples, Florida 34103 Subject: 14700 Tamiami Trail North I Tamiami Square Potable Irrigation Meter Sizing Dear Ms. Hall: Our office has reviewed the preliminary irrigation meter sizing information for the above- referenced address. Based on the information that you supplied to our office, a irrigation meter meets our minimum requirement and is therefore acceptable with certain conditions placed on the meter. This does not consider any continuous load demand. Since our review is for the minimum size requirement, the engineer should consider all relevant factors before approving the fmal meter size. You should apply for the meter with the Public Utilities Customer Service Department located at 4420 Mercantile Avenue. A meter tapping fee of $ and a water impact fee of $ wiU be charged, based upon an ERC value of . These fees are in addition to the fees paid on the domestic meter. If you have any further questions or concerns regarding the information contained in this letter or in the attachments, please feel free to contact me at (239) 732-2575. Sincerely, C1d,n\OL:t, CCk..- Pamela Eck Engineering Technician cc: Pam Libby, Water Distribution Heather Sweet, Utility Billing and Customer Service Wes Hill, Engineering Services Jacquelyn DeSear, Impact Fee Coordinator ",ay-16-07 OS:26 cr;-Pas; Real Estate 239 261 5775 Agenda Item NO.1 OA February 24, 2009 Page 164p'~ 'i:I'2 ~(i) ~OT" BLE fRRlOA T)PN Mll.TER AP1'LlCA TIOt! ~,.-.. ~ '1- AM.~_ SIlU4drw: 00,dH/""'" I ( "U ,'J Appl",...;'.Namc: '. ~U uU0 ~PI!U'"""f~~1f, "'H-~~ -:70()O F'd;~!.f-;J.~/~.:.-?f7.:s- o/~~'~"""/M:una dd~ 3?$ ~t/tt..- f&tiL..WrFNi I(/,t/U:J /Pc,+- 5Ciid I>.c-n>llNu",", ("""ucua): 3,. R.q~osttd Motor She stJMMAR\' 0.. nauc.~nON SYSTEM CALCtJt.AnON's: ToW I! or ........., / I'.) . 'to1.al GlUIo...l>.. Mi."'" (c:t''M) P..1" :tobV Z()J'<l; 1: qo 2:QNJ?: ., ZOr;E 1: 'to ZONE 1: rom; 3: f5(:J wm i, .....- ZON~ ': I~v ZONII~ 100 lto 'jc" 9(; ZONE 5: 'Ie 'Ifma,. tIw\ tell (10) l,Dnes. plW. ~\llcb IlddlllalUll5llcet . Ma:.anttl.tD NUDabcr ",rZo.Qt5 RunlUne- at Onee:: (jJ ZO.!'tltI~, z."..,f. 1/ 2..0 f'J~ ,.,. 90 Nil'^" E.. -1/(J,A) F - ,pU"-SE $Ul!Mf'("COMPUTED FOJUl .!.VI> u.){ JJ' DllAJVtr.:r;;:;1fPIWNGl..cx:..rroi'lOF n.Ol'E1<TI""'-ro /fZ(lI/=D LOCA1'10/J or PROPOSEDIlI.lUG.<t10N UETE/t. 1'0: E:""'.'.criJlJT,,~.lti.. r-",uc VII.t1t1cs o,.uJeoliJ >>..T....... t_ E.. Ill". K 1<.11I'" F!. 34l1t Ph.., (%3'1 m-wll r..: (13') S11l.6'1l1 ""'Iml);II~ rC't::d win ~tll)t'" to Au.. t)btabl( mctt..... ~ 'r-OD"" r"" .15" S~UO ~. S7J'.OV d:' W~... Imp><! Foe . SJ.41S1ERC: m~l+((pclll< GPM...24Y:Oj Mlrl"""'" Imp.ct 11... . I Ell.C )@C lh~!. 1 1.~.1.5 ~ L5" TN)Jpill~ Fe, Sl,Ol~.OO S1.14D.OO ERe Ran.' 7.6-5 5.1-' PUSJ.)(.; U"ltL1TlES USE ONLY feak Cf'M ror P,np...d sl"to.~ MJnI"".,", Mow $Iu!Uqulrtll: ilppro..d: D_ Wller loop," F.., T'ppln, CnOl'll" Toud: Inlli... at ........... n , ilt~IH( <1.911?!"! I:, l;' . II: 1'1 ...,..~I ,.. ,- ,. _. Agenda Item No. 10A February 24, 2009 Page 165 of 462 3. Developer Comments on Payments Doug Lewis summarized the payments and water and wastewater ERCs vested for the project as: Permit # 2003092564 2007080564 2003092564 2005121723 Cafe Italia 2005121721 2005072983 Total . Before C.O, ERCs Paid 7.5 4.5 1.9 5.6 2.3 2.0' 3.5' 27.3 4. Consensus on Irrigation Meters Developer agreed with the County 3/31/08 letter and committed to install the two (2) irrigation two (2) inch meters as stated. The above plus the agreement between the parties for the 2-year audit/study following County acceptance provides for reasonable assurance on the irrigation portion of the service. 5. General Discussion Proposed Alternate Methodoloav bv Developer Mr. Hartman proposed the M-1 AWWA, Impact fee book, and consistent with PRMG and County ordinance unit county approach per ERC. Phase 1 Phase 2 Phase 3 Total 17 units 10 units 5 units 32 units (Bldg 100) See units and tenant information attached dated 5/6/08. 6. Meeting Result Alternate Methodoloav A.) Water and Wastewater Total Units Paid Units Payment Due 32 27,3 4.7 ERGs ERGs ERGs B,) Irrigation Meters (2) @ 2" (3/31/08) Total ERCs 6.1 Water Only GCHljevlA080376,OOlcorresplAtlach H Page 2 of J 072308 " ::l '" '" - " " r.... u '" ]' .... " :;: " '" ~ ., 1$ .:: o '';:; ~ 'E - -g 5 E- - - ~ - " '" ~ "'- ~ CJ '" - ;:;s ~ E- 00 o o t:! ~ "" '" ....- o l:l 'Il:oo "0 " - 5~~ Q:!1;~ o!lQN ~ .,;. _ 'D = 0 .. " ' ,,-- ....N >Q";' " !:\ ... ;; "-0 ,. 0 "" O'O'i' 00,,","" ~ '="0 = " ,,- ... = ... 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NN - - -=::r o::t "d'" r:----v o 0 OlrlltiCO 1t(j\OIQO'OOII r---.oot""-or- I I l.nt"--- -11......1----- I ...-I _ I ...... I I I , I NI1NINNONN .......oo-.......N--.......-- o o ...... o or> 'i'N ,""- 00 '" -- '" '" " " >->- 00 '" ...... - .... .... 00 , , 00 NN , , NN - ...... :<g '" '" .S g .... ~ E- oJSq"-<(Il ~;:;S!ilOJo1;l ::l-D:lBO::l ,0 a:l "'" '" 0 Cl)?",oou~...t:l ~ "' ~ D:l "".~ f--~UUOO~ ~.<:: Co E- al'~ 0 ~~~gB 0" a:l '" " ..= OJ ~ ~ .g ~'fJ-5al"'8 8"'- ,,;2; l:l~] OE-:::p....." '" l::::l C'3 0 ~ Vol ~ rn l::::l t ~ 'e, ~ -5 :e. ~ '" ~ 0 ~ :sl B '" is :& It': It ~ ~ ",::Ji<i"'fI1Z:o.Z>U Agenda Item No. 10A February 24. 2009 Page 166 of 462 NNNNO ----('.I 0\ 0'\ 0\ O\N --......-N -g-g -g-g al al a:l al al >>>->> O-NM"l::t NNNNN .... o , o N , N - ~ '" i:i5 '" .~ ...... '" ~ ~ U g ill - " " po. ~ g c.. .9 il ~ " en ~ " eo ;:; 6 o .~ ~ ~ ..... ~ <:: " f-< ..... ..... o<l ..... " '" '" t: ~ ;:J QI en ~ - ~ 00 o o <'1 ~ '-0 ~ V) '" ...- o :i 'll:CIl ." 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"-_, ....... ~, 1 --- , , 1;'" ST668PE6EGT - Agenda Item No. 10A February 24, 2009 Page 170 of 462 IXI~llNC;"AUJ"!' . I~ , 'IIi . ,. iI,'I', ,,'.1":,'1 " ~ ; :. ", '11. 11 'k ,l: '.; H \\'IW.v.rill' ~,~ll'~H:I"l.'I.\IDI ~>.I"'nNr. fli, .. Ill' ~i\, '. ~ i 1 " 'l>! '''1 I'" w' " II: !:'." ~~'WIl'L ,'.'0[;" 'llll'Hi,F nkr, 'IIt I.:nr~r 1\ i;r,\.~ . 1I1",I./',(i ~l'\l r )' : l~ '1', '." I" Ii'. Ii.' ";1'):.1' :.\\11 '. (l~\~1 .,,1 ~rr ; '.}.' ~ j i nr."l: I J ',.t ~ I LXI"'T\Nl;P. ,.,. h] ill ~\;ll'. .;'(JNt. v...I~ 1IIIIIIltRJ .. , :.1 .,-,',,;:'....,1.., ,I"'\lAl! 'j.'. ." I., ',i I', ml'I'i.I 1',,1. (O~",. ~li.\jJ:I.1 \1,'1'. It ifl :~( .11 ~: I' !:)\I~T1t",{, 1 l.. I" .~ ".1 . .'.1 . 0T:9T 8B0~/9~/E0 Agenda Item NO.1 OA February 24. 2009 Page 171 of 462 7. Vested Flow Rates for Study/Audit @ 32 ERCs (Potable Only) Water and Wastewater a.) Water LOS 350 gpd AADF (i) Annual Average Daily Flow through potable (non irrigation meters) = 32 x 350 gpd AADF or 11,200 gpd (ii) 2 month peak factor (see page 29 Table 1 PRMG 40.00 + 33.33 = 1.2 (iii) 2 month audit use on average day of that period limit is 11,200 gpd x 1.2 or 13,440 gpd for test period. b.) Wastewater LOS 250 gpd AADF (i) Annual Average (12 month period) Daily Flow = 32 x 250 = 8,000 gpd AADF (ii) 2 month peak factor (see page 32 Table 2 PRMG) 40.100 + 30.846 = 1.3 (iii) 2 month audit of use on average day for that period is 8,000 gpd x 1.3 or 10,400 gpd. B. Proposed Additional Payments a.) Irrigation meters 3/3/1/08 (i) Tapping fee (ii) ERCs irrigation $ 1,140.00 $22,060.59 b.) Water potable service) impact fees - unit count (i) 4.7 ERCs x $3,575 $16,803.00 c.) Wastewater impact fees - unit count (i) 4.7 ERCs x $3,495 $16,427.00 $56,430.59 Total Amount Due 9. Consensus of Follow-up a.) Answer questions and requests for information by County. This activity is complete. b.) Submit alternative methodology signed and sealed by engineer. This letter report and attachments satisfies this final item. GCHfjevfA080376.00fcorresp/Attach H Page 3 of 3 072308 Agenda Item NO.1 OA February 24, 2009 Page 172 of 462 Attachment I Gerald C. Hartman, PE, ASA Resume GERALD C. HARTMAN, PE, BCEE, ASA Vice President Agenda Item No< lOA February 24,2009 Page 173 of 462 Pege 1 EDUCATION 8.S" Duke University, 1975 M.S., Duke University, 1976 PROFESSIONAl AFFILIATIONS Diplomate - American Academy of Environmental Engineers American Society of Civil Engineers Nationai Society of Professional Engineers Florida Engineering Society American Water Works Association Florida Pollution Control Association American Water Resources Association Water Environment Federation Fiorida Water and Pollution Control Operators Association Florida Waterworks Association American Concrete Institute (ACI) Water Management Institute American Society of Appraisers PROFESSIONAL REGISTRATION Aiabama No. 19422 Arizona No. 28939 Colorado No. 31200 Florida No. 27703 Illinois No< 062-053100 Indiana No. 10100292 Kentucky No< 22463 Louisiana No. 30816 Maine No. 10395 Maryland No< 12410 Mississippi No. 12717 New Hampshire No < 10820 New Mexico No. 15990 North Carolina No. 15264 Ohio No. 70152 Pennsylvania No. 38216 South Carolina No, 15389 Tennessee No. 105550 Virginia No. 131184 Wisconsin No< 32971 NCEES National P.E. No. 20481 Am erican Society of Appraisers CM No< 7542 QUALIFICATIONS SUMMARY Mr. Hartman is highly qualified in environmental engineering with special expertise in utility management; facility planning; rate charge and fee studies; and funding and grants. Mr. Hartman is a qualified expert witness in the areas of water supply and treatment, wastewater treatment and effluent disposal, rate making, service areas, utility system appraisals, landfill siting, and utility creation/management! acquisition projects. EXPERIENCE Utllitv Finance, Rates. Fees and Charaes Mr. Hartman has been involved In hundreds of capital charge, impact fee, and installation charge studies involving water, wastewater, stormwater and solid waste service for various Florida entities. He also has participated In hundreds of user rate adjustment reports. Since 1976, Mr. Hartman assisted in the development of over 50 revenue bond issues, 20 short-term bank loan systems, 2 general obligetion bonds, 26 grant!loan programs, 10 capacity sale programs, and 20 privatization programs. He has been involved in over hundreds of utility acquisition/utility evaluations for acquisition, and is a qualified expert witness with regard to utility rates and charges, and utility negotiation, arbitration and condemnation cases. A few of his water, wastewater, reuse and/or solid waste rata and charge projacts include: . Flagler County - Impact Fee Analysis, 2005 . Flagler County - Base Facility Charge Analysis, 2005 . Marion County - Silver Springs Regional - Water and Wastewater Revenue Sufficiency, 2004 . Beverly Beach - Water and Wastewater System, 2004 . Village of Bald Head Isiand - Water and Wastewater Rate Sufficiency, 2004 . Farmton Water Resources, Inc. - FPSC, 2004 . B&W Water Resources. Inc. - FPSC, 2004 . Marion County - Stonecrest, Marion Oaks, Spruce Creek, Salt Springs, South Forty, Smyrel Villas - Rate Integration/Phasing Program, 2003 . City of North Miami Beach - Water and Wastewater Adjustment, 2003 . City of Fernandina Beach - Water and Wastewatar Rate Study, 2002 . St. Johns County - St. Johns Water Co. Rates, 2003 Ii gai consultants tr~r'lsfotmlng ideu Into rcallt~ GERALD C. HARTMAN, PE, BCEE, ASA Vice President Agenda Item No. 10A February 24, 2009 Page 174 of 462 Page 2 . St. Johns County - Intercoastal Rates, 2001 . Nashua, NH - Pennichuck Water Co., 2002 . City of Deltona - Water and Wastewater, 2002 . Town of Lauderdale By-The-Sea, 2001 . FICURA - Palm Coast Rates,Certification, 2000 . Marion County - Pine Run, Oak Run, AP. Utilities - Rate Integration, 2000 . City of North Miami Beach - Revenue Sufficiency Analysis, 2000 . North Key Largo Utility Authority, 2000 . Port SI. Lucie - SI, Lucie West - COD, 1999 . Hanover County- Water and Wastewater, 1999 . UCCNSB/Sugarmill,1999 . Town of Hope Mills, 1998 . Town of Palm Beach, 1998 . City of Winter Haven, 1998 . Palmetto Resources, Inc. - Raw Water, Reuse, Water. and Wastewater, 1997 . City of Miami Springs - Analysis. 1997 . Widefield - Water and Wasteweter, 1997 . Bullhead City - Wastewater, 1996 . Marion County, 1996 . Utilities Commission. City of New Smyrna Beach - Water and wastewater Rate Study, 1995 . Okeechobee Utility Authority - Rate and charge study, 1995 . Southern States - Statewide rate case, 1995 . Englewood - AFPI and capital charges, 1995 . Lee County - Rates and charges, 1995 . Venice - Reuse rate study, 1994 . Utilities Commission, City of New Smyrna Beach - Capital charge study, 1996 . Port SI. Lucie - Water, gas and wastewater rates, 1994 . Port SI. Lucie - Capital charge study, 1995 . Bullhead City - Assessment study, 1996 . Englewood - Assessment study, 1996 . Sanibel - Capacity sale study, 1995 . City of New Port Richey - Rate and charge study. 1995 . Acme Improvements District, Wellington, Florida - Water/wastewater studies, 1994 . Charlotte County, Florida - Water/wastewater studies; Rotunda West rate case, 1993 . Clay County, Florida - Water/wastewater studies, 1992 . City of DeerfJeld Beach, Florida - Water/wastewater studies, 1992 . City of Dunedin, Florida - Water/wastewater studies, 1991 . Englewood Water District, Florida - Water/wastewater studies, 1993 . City of Green Cove Springs, Florida - Water/wastewater studies, 1991 . Hernando County, Florida - Water/wastawater studies, 1992 . City of Lakeland, Florida - Water studies, 1976-89 . Martin County, Florida - Water/wastewater studies, 1993 . City of Naples, Florida - Water/wastewater and solid waste studies, 1992/94 . City of New Port Richey, Florida - Water/wastewater studies, 1994 . City of North Port, Florida - Water/wastewater studies, 1992 . City of Orange City, Florida - Water/wastewater studies, 1985-94 . City of Palm Bay, Florida - Water/wastewater studies, 1985-94 . City of Panama City Beach, Florida - Water/wastewater studies, 1993 . City of Sanibel, Florida - Water and reuse studies, 1988-94 . Southern States Utilities inc., Florida - Water/wastewater studies and statewide rate cases, 1991/93 . City of Tamarac, Florida - Water/wastewater studies, 1993 Ii gai consultants trlnsfotmln!lldcu Into r~all~.... GERALD C. HARTMAN, PE, BCEE, ASA Vice President Agenda Item No. 10A February 24, 2009 Page 175 of 462 PagB 3 . Utilities Commission, City of New Smyrna Beach, Florida - Waterlwastewater and reuse studies, 1992i94 . Voiusia County, Florida - Solid waste studies. 1989 . City of West Palm Beach, Fiorida - Wateriwastewater and reuse studies, 1993/94 . City of Sebastian, Florida - Water/wastewater studies. 1993 . City of Tarpon Springs, Florida - Water/wastewater studies, 1994 . City of Miami Springs, Florida - Water/wastewater and solid waste studies, 1994 . City of Edgewater, Florida - Water/wastewater and solid waste studies, 1987-90 . City of Venice, Florida - Reuse studies, 1994 . City of Port St. Lucie - Water/wastewater studies, 1994 . Ocean Reef Club, Monroe County, Florida - Wastewater studies, 1994 . Placid Lakes Utilities Inc" Fiorida - Water/wastewater studies, 1994 . Old Overtown-Liberty Park, Birmingham, Alabama - Wastewater studies, 1994 . Bullhead City, Arizona - Wastewater studies, 1994 . Lehigh Utilities Inc" Lee County, Florida - Florida Public Service Commission rate cases for water, wastewater and reuse, 1993 . Marco Island and Marco Shores Utilities Inc., Collier County, Florida - Florida Public Service Commission rate cases for water, wastewater and reuse, 1993 . Venice Gardens Utilities Inc., Sarasota County, Florida - Rate cases for water, wastewater and reuse, 1989/91/93 . Mid-Clay and Clay Utilities Inc" Clay County, Florida - Water/wastewater studies, 1993 . Several expert witness assignments including Palm Bay vs. Melbourne; Tequesta vs. Jupiter; Town of Palm Beach vs. City of West Palm Beach; City of Sunrise vs. Davie; Kissimmee vs. Complete Interiors; and others. Facility PlanninQ Mr. Hartman has been involved in over 50 water, wastewater and/or solid waste master plans, several interlocal negotiations and agreements, over 100 capital improvement programs, and numarous capital construction fund plans. He represented the American Society of Civil Engineers in the State Comprehensive Plan as a Policy Advisory Committee Member on the Utility Element, and participated in the preparation of Comprehensive Plans, Chapter 9J5, for more than 20 communities. Mr. Hartman was involved in the implementation of several stormwater utilities in Florida. Economic Evaluations/Credit Worthiness Analvses . Credit Worthiness Analysis for Drinking Water State Revolving Fund (1999) - Florida Department of Environmental Regulation . Credit Rating Reviews (1980-2000) - for numerous investor-owned utilities; many city-owned utilities (Winter Haven. Port SI. Lucie, Miramar, Tamarac, Palm Bay. North Port, etc.); many county-owned utilities; several not-for-profit utilities; and utility authorities (OUA, etc.) . Financial Feasibility and Engineer's Revenue Bond Reports (1980-2000) - for over $2 billion of water and/or wastewater bonds for some fifty (50) entities in the Southeast United States including Clay, Lee, Hernando, Martin, and other counties; Lakeland, West Palm Beach, Miramar, Tamarac, Panama City Beach, Winter Haven, Naples, North Port, Palm Bay, Port SI. Lucie, New Port Richey, Clermont, Orange City, Deerfield Beach, Sanibel, City of Peachtree City, Widefield, and many other cities; Lee County Industrial Development Authority. Engiewood Water District, and other utilities. . Privatization Procurement and Analysis for many water and wastewater systems including Sanibel, Town of Palm Beach, Temple Terrace, Palm Bay, Widefield, Bullhead City and sever others. NeQotiations/Service Area Mr. Hartman has participated in over thirty-five (35) service area formations. Chepter 25 F,S. certifications, Chapter 180.02 reserve areas. authority creations, and interlocal service area agreements including Lakeland, Haines City, Bartow, Winter Haven, Sanibel, SI. Cloud, Paim Bay, SBWA, ECFS, MWUC, Edgewater, Orange City, UCCNSB, Port SI. Lucie, Martin County, OUA, NKLUA, DDUA, and many others Ii gai consultants t'8~9(urmlnl1ldu5IntG reallly~ GERALD C. HARTMAN, PE, BCEE, ASA Vice President Agenda Item No, 10A February 24, 2009 Page 176 of 462 Page 4 Mr. Hartman has been a primary negotiator for interlocal service agreements regarding capacity, joint-use, bulk service, retail service, contract operations and many others for entities such as the Town of Palm Beach, Miramar, Lauderdale-By-The-Sea, North Miami Beach, Coilier County, Marion County, St. Johns County, JEA and many others. PUBLICA TIONS/PRESENT ATIONS Mr. Hartman has presented several training sessions and seminars throughout the State of Florida for the American Water Works Association, the American Society of Civii Engineers, the Water Pollution Association, and the Florida Water and Pollution Control Operators Association. He has presented and/or published more than 30 papers on water, wastewater and solid waste utility systems including: Hartman, G.C.; "Determining The Effectiveness of Solid Waste Collection;" M.S. thesis, Duke University, Durham, North Carolina, 1976, Dajani, J.S., Vesilind, P.A., Hartman, G.C.; "Measuring the Effectiveness of Solid Waste Coliection," Urban Analvsis, 1977, Vol. 4; Gordon and Breach Science Publishers Ltd.; Great Britain. Vesilind, PA, Hartman, G.C" Skene, E.T.; Sludqe Manaqement and Disposal for the Practicinq Enqineer; Lewis Publishers Inc,; Chelsea. Michigan; 1986. Rimer, A., Vesilind, P.A., et. aI., (Hartman contributing author) Resource Recoverv Unit Operations, Prentice Hall, 1981, Hartman, G.C., Utility Management and Finance, (presently under contractual preparation with Lewis Publishing Company/CRC Press), Hartman, G.C., and R. J. Ori, "Water and Wastewater Utility Acquisition," AWWA Specialty Conference, 1994, Hartman, G.C. and R.C. Copeland, "Utility Acquisitions - Practices, Pitfells and Management:' AWWA Annual Conference, 1995. Hartman, G.C" "Safe Drinking Water Act" and "Stormwater Utilities" FLC Annual Meeting, 1995. Hartman, G,C" M.A. Rynning, and R.A. Terrero, "5-Year Reserve Capacity - Can Customers Afford the Cost?" FSASCE Annual Meeting, t996. Hartman, G.C., TA Cloud, and M.B. Alvarez, "Innovations in Water and Wastewater Technology" Florida Quality Cities, August 1996. Hartman, G.C" Seth Lehman, "Financing Utility AcquiSitions" AWWANVEF Joint Management Conference, February 1997. Hartman. G.C., M.B. Alvarez, and J.R. Voorhees, "Softening for Color Removal" FWRC Conference, April 1997. Hartman, G.C" BV. Breedlove, "Water: Where It Comes From and Where It Goes" FRT & G/FDEP Conference, September 1997. Hartman, G.C., W.D. Wagner, TA Cloud, and R,C. Copeland, 'Outsourcing Programs in Seminole County" AWWANVEF/FPCOA Conference, November 1997. Ii gai consultants tran~formlng idl!a' IntI! ;~alltY$ GERALD C. HARTMAN, PE, BCEE, ASA Vioo President Agenda Item No. 10A February 24, 2009 Page 177 of 462 Page 5 Hartman, G,C" M.B, Alvarez, J.R. Voorhees, and G.L. Basham. "Using Color as an Indicator to Comply with the Proposed D/DBP Rule" AWWA, Water Quality Technology Conference, November 1997. Hartman, G.C., "In-House, Outsourcing and the Non-for-Profit Utilities Option", Florida Government Finance Officers Association (FGFOA) Conference, March 27,1998. Hartman, G,C, and D.P. Dufresne, "Understanding Groundwater Mounds. A Key to Successful Design, Operation and Maintenance of Rapid Infiltration Basins" April 4-7, 1998, FWWANJET/FPCOA Joint Meeting. Hartman, G.C. and Seth Lehman, "Financing Water Utilities - Acquisition and Privatization Projects" AWWA Annual Conference. June 24,1998, Hartman, G.C" "Utility Valuation," Wake Forest University Law School Seminars Series, February 7.2003. Hartman, G.C., HE Schmidt, Jr" and Michael S. Davis, "Biosolids Application in Rural DeSoto County. Florida," WEF/AWWAlCWEA JOint Residuals & Biosolids Management conference, February 19-22, 2003. Hartman. G.C, contributing author, Chapter 14B, Nichols on Eminent Domain, RCNLD Valuation of Public Utilities. March 1999 Edition, Release No. 48. Hartman, G.C., M.A. Rynning, and V, Hargray, "Assessment of Commercial Customer Water Impacts," AWW A 2000 Hartman, G.C.,' M. Sloan, N.J. Gassman, and D.M, Lee, "Developing a Framework to Balance Needs for Consumptive Use and Natural Systems with Water Resources Availability," WEF Watershed 2002 Specialty Conference, February 23-27, 2002. Hartman, G,C. and Dr. M. Wanielista, "Irrigation Quality Water - Examples and Design Considerations," ASCE Conference, April 4, 2003, Hartman, G,C., M.A, Rynnlng and V. Hargray, "Assessing the Water Demands of Commercial Customer," WEF Volume 6, No.4, July/August 2003 - Utility Executive, Hartman, G.C,. D. Cooper, N. Eckioff and R. Anderson. "Water," The Bond Buyer's Sixth Southeast Public Finance Conference. February 23, 2004. Wanielista, Marty and G.C, Hartman. "Regional Stormwater Facilities", Stormwater Management for Highways Transportation Research Board TRB AFB60, July 12, 2005. Ii gai consultants lr~ns(arm("g Ideas into re"lItYIl Agenda Item No. 10A February 24,2009 Page 178 of 462 COLLIER COUNTY PUBLIC UTILITIES DIVISION 3301 E. Tamiami Trail' Naples, Florida 34112 . (239) 732-2575 . FAX (239) 732-2526 August 29, 2008 Mr. Douglas A. Lewis, Esquire Roetzel & Andress, P.A. 850 Park Shore Drive Trianon Centre - 3'd Floor Naples, Florida 34103 Subject: Alternative Water and Wastewater Impact Fee Calculation- Tamiami Square Dear Mr. Lewis: In accordance with the Agreement Regarding Alternative Impact Fee Calculation dated May 13, 2008 (the "Agreement") between the Collier County Water-Sewer District (the "District") and Tamiami Square of Naples, LLC (the "Developer" and collectively with the District, the "Parties"), District staff is providing a response to the alternative impact fee calculation submitted by the Developer for water and wastewater capacity for the Property as defined in the Agreement. In accordance with item 8 of the Agreement, the County Manager must respond in writing within thirty (30) days after the receipt of the alternative impact fee calculation to express that such calculation is considered as being complete. The alternative impact fee calculation was received by the County on August 1,2008. The District staff, acting as the County Manager's designee, has prepared this letter to. provide notification that the District staff does consider such submittal of the alternative impact fee calculation by the Developer as being complete. In accordance with item 9 of the Agreement, the County (through the District) must review the data, analysis, and conclusions asserted in the alternative impact fee calculation and provide the results of such review, analyses, and conclusions to the Developer within thirty (30) days after the determination that the application is complete. The remainder of this letter provides a discussion of our review and analyses of the alternative impact fce calculation submitted by the Developer and our conclusions. Developer Request Based on information contained in the alternative impact fee calculation and meetings and discussions held with the Developer, the Developer is requesting the following: 1. The Developer per the alternative impact fee calculation states that the total equivalent residential connections (ERe) [for that component of the Property which is identified in the alternative impact fee calculation as Phase I] is 17 ERCs and is based on the meter equivalency approach that is represented by the Developer as c:: o (~ " 'I c:: o u n t " Agenda Item NO.1 OA February 24, 2009 Page 179 of 462 being used by numerous cities, counties, and private utilities regulated by the Florida Public Service Commission (FPSC). 2. The total amount of ERCs paid as of the date of this letter by the Developer for construction projects upon the Property to the District is 27.3 ERCs. 3. The total amount ofERCs to be assigned to the Property for all phases (I through 3) of dcvelopment is 32 units and was also based on the meter equivalency approach. Based on the assumed prepaid amount by the Developer of 27.3 ERCs, this would result in a remaining balance due for the development of all phases of the Property to be 4.7 ERCs (32 ERCs minus 27.3 ERCs). 4. The Developer plans to install a two-inch irrigation meter to receive water-only service and identified this service requirement to equal 6.1 ERCs; the determination of this level of ERCs was based on the County's "Water-only Meter Application (Potable)" calculation worksheet as prepared and submitted by the Developcr to the District. 5. The total remaining amount due to the District for the Impact Fees attributable to all development phases (1 through 3) of the Property is as follows: Impact Fee Impact Fee Der ERe Amount Potable Water at 4.7 ERCs $3,575.00 $16,803.00 Wastewater at 4.7 ERes $3,495.00 $16,427.00 POlable 1rri2ation at 6.1 ERCs $3.616.49 $22.060.59 Total [moact Fees Due Per Develooer <<< ~90.i2 District Review. Analvsis. and Conclusions Based on the information contained in the alternative impact fee calculation provided by the Developer, a review of the District Uniform Billing, Operating and Regulatory Standards and Ordinances as applicable to the dctcrmination of impact fees, and our undcrstanding of the Developer request as contained in the alternative impact fee calculation, we have performed the following analysis and are of the following opinions: I. The use of the meter equivalent basis as the method to dctermine the amount of ERCs allocable to the Property is considered incorrect and is not being relied upon by the District. Although numerous cities and counties may use this method, many cities and counties do not use this method due to the fact that this approach can understate the allocated capacity to a specific property. In many instances, the methodology for the determination of ERCs for a commercial classification such the Developer's Property is determined based on flow and a unit of measure that links to flow (e.g., average daily flow or fixture units). This approach is used to recognize the diversity in demand of the commercial class (customers with the same meter can have 2 Agenda Item No. 10A February 24,2009 Page 180 of 462 materially different service demands and therefore a different number of ERCs associated with servicing the customer) which is not reflected in the meter based approach. This is further supported by findings and opinion of Public Resources Management Group, Inc. (pRMG), the District's rate consultant, which is attached hereto and made a part of our response. As PRMG states in their letter to the District, the FPSC has allowed private utilities in numerous instances to use a flow based approach in the determination of the plant capacity charges (impact fees) to be paid for general service (commercial) customers for the reservation or allocation of capacity. 2. The approach reflected in the altemative impact fee calculation is not consistent the method reflected in the District's rulcs and ignores the diversity of the commercial class as it relates to meter size. The impact fee for commercial service recognized by the District is based on a level of service whereby one (1) ERC is equal to 350 gallons per day (gpd) for potable water and 250 gpd for wastewater which is "flow based"; such calculation is not dependant on the size of the meter(s) needed to measure flow to the Property. The County's detcrmination of the impact fee due by an applicant such as thc Developer is based on an estimated capacity (flow) approach which is used by many utilities across the state. Just because numy utilities use a meter equivalency-based approach does not mean it is the correct approach to use for the Property; just as many utilities do not use this approach. As such, the basis for the Developer's alternative impact fee calculation is not accepted by the District staff. 3. During the meetings between the Developer and the District staff, it was discussed among the Parties that the Impact Fee calculation should be based on actual flow characteristics of the Property. The alternative impact fee calculation as submitted did not reflect the use of this discussed methodology. Predicated on the above, the basis for the Developer's alternative impact fee calculation is not considered as being correct and therefore alternative impact fee calculation is not accepted by the District. 4. The District initially prepared an Impact Fee calculation that identified the water and wastewater ERCs for the Property and it was determined that the total ERCs were 61.4, a copy which is attached as Exhibit 1. The District does not agree with the Developer's alternative impact fee calculation that concludes that there are 32.0 ERCs for the property (absent irrigation demands). 5. The total amount ofERCs paid by the Developer for which the County has received payment was for 21.8 water and wastewater ERCs, not the 27.3 ERCs as stated in thc Developer's alternative impact fee calculation. A review of our records indicate that 5.5 ERCs were represented on the building permits as being subject to an impact fee credit due to the Developer; however no payment was actually received (either prepaid or at time of permit issuance) by the District and therefore payment is still outstanding. Included on Exhibit 2 are copies of the respective building permits that indicate the amount duc and the status of the respective permit. The permit numbers and corresponding ERCs are summarized below: 3 Agenda Item NO.1 OA February 24. 2009 Page 181 of 462 ERe. Permit Number Represented 2005121721 2.0 200S072983 3.5 6. Based on the above, the total ERCs for the Property due by the Developer is as follows: Water Wastewater Total Total ERCs per County 61.4 61.4 Average lmpactFee oer ERC III $2,695.10 $3,016.96 Total Amount Due to County $165.419~ JiJ.JI5 "', <n $350,720.50 Amount Paid bv Developer Total ERCs 21.8 21.8 Amount Paid $57.953.00 $6' <ry7,00 $121480.00 Net Amount Due County SI07,526.00 $121,714.50 [11 Amounts shown reflect average impact fee calculated for the determination of the Developer liability by the County since the impact fee rate was based on time of pennlt application and the rates were adjusted by the County over time. This table does not assume that the Developer may install a water-only irrigation meter in the future which will have the affect of reducing the amount of wastewater ERCs and respective impact fees due. As of the date of this letter, it is our understanding that the Developer has not installed the irrigation meter. To the extent that the water-only meter is installed in the future, the County will give the Dcvelopcr consideration as to the change in wastewater ERCs for the overall development of the total wastewater impact fccs due. District Historical Flow-based Impact Fee Analvsis During the preparation of the Agreement, the Parties discussed that the impact fees should be based 011 actual flows (predicated on actual meter readings) to the Property which was not addressed in the alternative impact fee calculation. Additionally, documentation submitted in support of the alternative impact fee calculation included a summary of irrigation system repairs performed at the Property that may have resulted in water being lost due to leaks. It should bc noted that the irrigation repairs are recurrent through the years and the Property did use the water; such water loss is the responsibility of the customer and not the District. As such, the County does not consider the possible water loss due to t1le irrigation repairs to be extraordinary. Furthermore, when establishing the level of service by the County, all water use is considered in t1le determination of the level of service. 4 Agenda Item NO.1 OA February 24, 2009 Page 182 of 462 As part of the review process by the District, an evaluation of the actual metered water use at the Property for the eighteen (18) month period ended August 2008 (billing period for July 2008 usage) was conducted. This analysis is shown on Exhibit 3 to this letter. As can be seen on Exhibit 3, the average monthly metered water use is actually approximating the ERC estimate developed in the District's impact fee calculation as shown on Exhibit I. For the past four most recent months, the implied ERCs based on i) the metered water use at the property; ii) an assumed level of service equal to 350 gallons per day per ERC, and iii) the billing days reflected in the usage cycle result in a ERC value of 61.3 ERCs on a peak monthly use basis and 54.9 ERCs on an average monthly usage period. Furthermore, the ERC value based on the peak month use during the review period as shown on Exhibit 3 was 63.8 ERCs which essentially equates to the amount reflected on the District's initial impact fee calculation as shown on Exhibit 1. As evidenced by the most recent actual water sales as registered by metering at the premise, the Property is requiring the capacity (demand) that the District calculated for the Property as part of the impact fee calculation. This further supports that the Developer's alternative impact fee calculation as received by the District is not accurate and therefore is not being considered by the District. District Conclusion and Recommendation Based on the information submitted in the altemative impact fee calculation, the District review and analysis as presented herein, the actual demands being experienced by the Property, and the estimated use of the Property as reflected on the permits for which the fees were initially based, the District has identified three alternatives for consideration by the Developer. These three altcrnatives include: 1. Recognize that the demand and the associated impact fee liability of the Developer are based on 64.1 ERCs as initially calculated by the District as shown on Exhibit I. 2. Recognize that the initial demand and the associated impact fee liability of the developer are 54.9 ERCs which will be subject to adjustment in accordance with the terms of item 14 of the Agreement. 3. The Developer does not agree ",ith the District staff and shall exercise it rights under item 11 of the Agreement by filing a written appeal petition with the Board of County Commissioners not less than thirty (30) days after documented receipt of this letter. Recognizing the above and in order to close this issue relative to the impact fee liability of the Developer, the District staff offers the following as it pertains to alternative 2 (listed above): 1. The initial ERCs established for the property is 54.9 ERCs which will be reviewed every 6 months for a two ycar period beginning with bills rendered in October 2008 which is consistent with the terms of item 14 of the Agreement. To the extent that the actual demand for the Property in two consecutive months (calculated as follows: [((metered water use divided by number of days in billing cycle) divided by 350 gpd 5 Agenda Item No. 10A February 24, 2009 Page 183 of 462 per ERC) = Implied ERCs for Property] exceeds 54.9 ERCs, the Developer will be responsible to pay impact fees on the number of ERCs above such amount. The new ERC value will then serve as the established ERCs during the remainder of the two year review period. 2. The Dcveloper shall have an immediate remaining liability due to the County for unpaid impact fees of$I92,] 12.09 which is calculated as follows: Water Wastewater Totals Totallnitial ERCs Der County 54.9 54,9 A veral!e ImDact Fee Der ERC r1] $2,695.10 $3,016.96 Total Amount Due to County $147.' '.99 ~,~,~.,'w $313 ,592. 09 Amount Paid by DeveloDer Total ERCs 21.8 21.8 Amount Paid ." 0<< on $121.480,00 Net Amount Due County ~90007 ,29 $102104.1Q $192 11?O9 [1] Amounts shown reflect average imp""! fee calculated for the determination of the Dcveloper liability by the County as shown on Exhibit 1 and was used since under the actual flow based approach, no assignment to the ERCs per a building permit can be made (reference Exhibit I). The District will allow the Developer to pay the net amount due to the County in equal installments over a 24 month period or $8,004.67 per month (with the last month adjusted for any rounding issues in collection). The District will not charge an interest cost to carry the liability but to the extent the monthly payment is overdue, the County may charge latc payment fccs (amount equivalent to the rate charged to its water and wastewater customers as set by policy) and may advance the full payment of the liability. Any impact fees due as a result of increased demands experienced by the Property (i.e., in excess of the 54.9 ERCs) will be due and payable within 30 days of notification by the County to the Developer. 3. To the extent that the Developer installs the irrigation meter which has been agreed by the Parties to equate to 6.1 ERCs, the District will credit the Developer $18,403,46 (6.1 ERCs multiplied by $3,016.96) for thc change in service and adjust the remaining amount of the wastewater impact fee installment payments to recognize such credit. If the Developer installs the water-only meter after the two year evaluation period, no credit will be recognized by the District. 4. The Developer will acknowledge in writing to the County Manager of acceptance of the liability and terms of payment within thirty (30) days of receipt of this letter or it may petition to the Board of CotUlty Commissioners as provided in the Agreement. 6 Agenda Item No. 10A February 24, 2009 Page 184 of 462 Swnmarv In summary, District staff does not accept the calculation as provided in the Developer's alternative impact fee calculation and finds that $107,526 in water impact fees and $121,714.50 in wastewater impact are immediately due and payable to the District. District staff also will accept an installment based impact fee payment approach to assist the Developer with the payment of the outstanding impact fee liability. Finally, District staff agrees that the Agreement between the Parties will remain in effect for the next two (2) years in order to validate flows and the overall impact fee liability. District Staff appreciates all the efforls of the Developer with respect to the development and submittal of the alternative impact fee calculation and trust that you wiII agree with District staff assessment. Of course, selection and enactment of any of the three alternative courses of resolution will require Board of County Commissioner approval. If you need any additional information from us or have any questions with regard to our review, analyses, or conclusions, please do not hesitate to give me a call. Very truly yours, Collier County Water-Sewer District 1?~ Thomas G. Wides Operations Director, Public Utilities Cc: JeffKlatzkow, County Attorney Jennifer Belpedio, Assistant County Attorney Jim Delony, Public Utilities Administrator Jim Mudd, County Manager Gilbert Moncivaiz, Operations Analyst Amia Curry, Interim Manager Operations Support Attachments: Exhibit I - Tamiami Square Development Spreadsheet Exhibit 2 - Unpaid Water and Wastewater Impact Fees Exhibil3 - Historical Data Letter from Public Resources Management Group, Inc. (PRMG) 7 <l:Q)N DOlO ~O'" ,N_ O .0 Z"'", Nro E >.~ .$(uQ) -:}O) CO ~ CO '0.00.. c" ,,"- en <l: '" e H:!~ ",.sILOS . W - $g81~1 :J: ~afOJ: "'_ U . W Un (/),Su..a.. l1i=~ "g.Cll 10 ~su.A. iltfd ~!1I.l.G:" H:!l ;::.Ii"'&! ~ - :is :E >< w . > - . ." " "5~E: EILI.!! e . , '" u "" 0:. we. ." zill ,,'" g(e " 8 " 88888 ci";:OM..a ~ O~ M 0 N ~ ~ ~ ~rs ~ ~,. Olg 000 000 cic::iQ ~ ~ ..; o o " 00000 000000- "::i"gig " ~~ ,; .. llii:, lilia .lt~. g8 ~~ ~~ riM "'''' 00 00 ~~ .... 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" . , I i !-!',: ii' i::~ ~ Ii ~ ... ..FL._,j Exhibit 3 Tamiami Square of Naples, LLC Account # 04046017600 Payable Period Month Of: Year 94 Aug us! 2008 93 July 2008 92 June 2008 91 May 2008 90 April 2008 89 March 2008 88 February 2008 87 January 2008 86 December 2007 85 November 2007 84 October 2007 83 September 2007 82 August 2007 81 July 2007 80 June 2007 79 May 2007 78 April 2007 77 March 2007 Water Usaae (thousandsl 549 541 674 601 560 382 413 781 374 223 244 239 292 385 312 423 420 549 Number of Periods Monthly Average (All) Average ERCs (All) Last Four Month Average Four Month Average ERCs Peak Volume 181 4421 41.61 5911 54.91 781 I :t;;:t~'~;.'i~~~i!~~~f@l~~i~F .,,"'~ i!g~~-#~i!M\~ll~~ Meter Read Date 81512008 7/7/2008 614/2008 51212008 4/4/2008 3/612008 2/512008 1/4/2008 11130/2007 11/1/2007 10/4/2007 9/6/2007 8/6/2007 716/2007 61612007 514/2007 4/5/2007 31612007 2/5/2007 Days In Cvcle Agenda Item NO.1 OA February 24, 2009 Page 187 of 462 ERCs based on Actual Davs 29 33 33 28 29 30 32 35 29 28 28 31 31 30 33 29 30 29 54.1 46.8 58.4 61.3 55.2 36.4 36.9 63.8 36.8 22,8 24,9 22,0 26.9 36.7 27.0 41.7 40.0 54.1 Agenda Item No. 10A February 24, 2009 Page 188 of 462 19 Public Resources Management Group, Inc. Utility, Rate, Financial and .''l"j'anagemcnt Consultant.v August 26,2008 Mr. Thomas G. Wides Operations Support Director, Public Utilities Collier County Govcrnmcnt 3301 E. Tamiami Trail, Suite H3 Naples, FL 34112 Subject: Alternative Impact Fee Application Dear Tom: As we discussed, the Collier County Water-Sewer District (the "District") has received an alternative impact fee calculation from Tamiami Square of Naples, LLC (the "Developer") which is requesting a reduction in the water and wastewater impact fees that were imposed by the District on the property referred to as Tamiami Square. It is my understanding that Tamiami Square is a commercial customer serviced by one master meter at the property and will be receiving both potable water and wastewater service. As you know, the District's Impact Fees are applied to a commercial customer based on the estimated equivalent residential connections (ERe) that a specific property may be determined to include. An ERC is a unit of measure which links capacity to a given property (with individually metered residential service being equal to I ERe and is generally the smallest customer from a capacity allocation standpoint) which is based on a level of service equal to 350 gallons per day for water capacity and 250 gallons per day for wastewater capacity. It should be noted that this is a daily capacity allocation and not one based on an average use experienced over a period of time such as a year. Furthermore, this capacity allocation is based on the allocation of finished water produced and wastewater treated at the respective plant facilities and therefore is not based on retail use metered at the customer premise (there is an allowance for water loss as part of the normal delivery of water and normal inflow and infiltration for the collection of wastewater). The District's allocation of capacity to all commercial customers is an ERC based approach predicated on the flow (capacity) required of the property (essentially a "flow-based" allocation) which we believe to be proper in the reservation of capacity by a specific property or customer. By using this fee dctenllination methodology, the District does recognize customer diversity in the establishment of the level of impact fees to be charged to a property to promote the fairness provisions (rational nexus) in the application of the impact fees. K:\DM\L 12S.16\Meter Equiv Ltr HnaI.doc 341 NORTH MAITLAND AVENUE - SUITE 300 -. MAITLAND, FL 32751 TELl,PHONE: (4()7) 628-2600. fAX: (407) 6:!8.2610. ElvlAIL: I'RMG@PRMGinc.com Agenda Item NO.1 OA February 24,2009 Page 189 of 462 Mr. Thomas G. Wides Collier County Government August 26, 2008 Page 2 In the alternative impact fee calculation as submitted by the Developer, a primary assumption as to why a lower impact fee should be charged to the property is that it should have been based on the "meter equivalent" approach as opposed to a flow-based approach currently used by the District. The meter equivalent approach is a method that wcights the meter capacity by the maximum flow that the meter is capable of measuring to a 518-inch meter (i.e., the maximum capacity for a 518-inch meter is 20 gallons per minute as referenced in A WW A Manual M6 and considered as a factor of 1.0; the other meters are expressed as a multiple of this usage value based on meter size). The alternativc impact fee calculation recognized this mcthod of fee determination under the premise that "numerous cities, counties and FPSC regulated entities utilize FPSCIAWWAIFAC/F.S. Section 25-30.055 and related sections for large service areas ..." in the determination of impact fees to be charged to a property. Although many cities and counties use meter equivalent factors [or the determination of commercial propcrty impact fees, the assertion that this is the correct method and therefore the only method to use is simply not true. With respect to the application of impact fees based on the flow or service attributes of a commercial customer, many cities, counties and other public utilities use a flow or attribute- based approach in the determination of the impact fee (attribute would be a specific component of the development such as seats in a restaurant that has a daily capacity based on flow assigned to it). The rcason that these utilities use this approach is to accurately recover the cost of providing service based on the capacity requirements specific to the customer. The meter is simply uscd to measure daily flow and must be sized to accurately measure the flow from the property; however to say that all commercial customers have the same capacity requirement because of the meter size being the same between such customers is not correct. Simply put, a restaurant served by a 518-inch meter generally would have a significantly higher demand than a real estate office served by the same meter size. Additionally, it is rare that a customer would use 100% of the maximum meter capacity and that a customer's load factor is generally less than this. The District has recognized this; for a maximum flow rate of a 5/8-inch meter at 20 gallons per minute, the daily flow would be 28,800 gallons per day yct the approved ERC value of the District is 350 gallons per day which is my understanding is a common level of service used by the industry in Florida. There are several public utilities that use an ERC-based or flow-based approach in the determination of the impact fees and based on my cxperience, more are moving towards this direction due to the diversity in use experienced by the commercial class and the need to accurately recover cost. Although it is administratively easier to calculate an impact fec using meter equivalents, public utilities realize the financial benefits of calculating the commercial impact fees based on flow (or similar attribute) in order to fully recover capital costs allocable to new growth. A survey of public utilities that use a flow based approach is shown on Attachment I to this letter (this docs not imply that these are the only utilities using the flow-based approach, K:I,DM\[ li$-16\Meltr l'luiv Ltt F~la1.d(J~ Agenda Item NO.1 OA February 24, 2009 Page 190 of 462 Mr. Thomas G. Wides Collier County Government August 26, 2008 Page 3 it is simply a survey). As can be seen, there are many utilities that use the ERC-based or flow- based approach in the dcternlination of the impact fees due from a commercial property. Additionally, the reference in the Developer's alternative impact fee calculation with respect to the FPSC using the meter based approach in our opinion is not entirely accurate. Our experience is that for general service (commercial) use, the plant capacity fees (term used by private utilities; equivalent to an impact fee) imposed by private utilities is expressed in the rate tariff on a cost per gallon basis which implies a flow based application. Based on a review of private utility rate tariffs regulated by the FPSC that are available to us and discussions with others in the industry, the following private utilities imposed a plant capacity fee based on a "per gallon of demand" basis for the general service class: . North Fort Myers Utility, Inc. . Aloha Utilities, Inc. . North Sumter Utility Company, Tnc. . Little Sumter Utility Company, Inc. (prior to acquisition) . Florida Water Services Corporation, Inc. (approximately 150 systems; prior to acquisition) . Utilities, Inc.(approximately 40 systems) In the alternative impact fee calculation submitted by the Developer, reference was also made to Florida Statutes, Section 25-30.055 with respect to private utilities. This reference provided a summary of the determination of ERCs for non-residential use and listed the meter equivalent factors assumed in the alternative fee calculation. It should be noted that this rule is associated with a capacity or proposed capacity, to serve 100 or fewer persons, which clearly does not relate to the County. Notwithstanding this service provision, the rule provides that unless the FPSC determines that valid local statistical data should be used, then the meter equivalent factors should be used. Based on my knowledge of the industry, the private utilities generally use local statistical data ill the development of the plant capacity fees and for the general service class such fees apply to new customers on a flow basis. This is further evidcnced by the flow-based fees being reflected in thc respective company's rate tariff which have becn approved by the FPSC. Finally, the alternative impact fee calculation submitted by the Developer also includes a reference to Public Resources Management Group, Tnc. (pRMG) that the alternative method is consistent with the findings reflected in a recent PRMG report regarding the development of impact fees (I assume that this links to the recommendations for the use of the meter equivalency based impact fee since the PRMG report was appended to the calculation). There is no reference to the use of meter equivalents as the basis for fee determination in the report. In fact the fee was based on the total applicable capital costs and the total available flow (and the corresponding ERCs) allocable to growth based on the District's adopted level of service (i.e., flow) allocable to K:\DM\1125-16\!.-{etcr Equiv Ltr Fingl.doe Agenda Item No. 10A February 24, 2009 Page 191 of 462 Mr. Thomas G. Wides Collier County Government August 26, 2008 Page 4 growth. The only reference to meters in the report deals with the fact that an ERC is equivalent to the daily use of a typical individually mctered residential customer which is generally the lowest level of use in the detennination of the flow requirements included in the definition of an ERC; it has absolutely nothing to do with the application of an impact fee based on meter equ iv alents. In summary, we believe the District's approach to calculating an impact fee for a commercial customer based on flow which links to the District's adopted level of service is prudent, is reflective of the practices in the industry, and provides for the full recovery of expansion-related costs of the District. We do not agree with the use of meter equivalents as the basis for the determination of the impact fee to be applied to the Developer's property since it is not consistent with the County's ordinances and is not consistent with the demand requirements being imposed by the Developers property. If you have any questions or comments relative to our opinion or need further clarification, please do not hesitate to give me a call. Very truly yours, Public Resources Management Group, Inc, ?~J" ~ cD~. Robert J. Or! President RJ 0/ skc Attachments K:\DM\1125-]6\Meter Equiv Ltr FlnDLdo~ Agenda Item No, 10A February 24,2009 Page 192 of 462 Attachment 1 Collier County, Florida Sample of Florida Utilities - Commercial Imoact Fee witb Flow Based Application Metbodolol!V Line No. Utility Impact Fee Application Methodology [1] [2] Fixture Unit Based Attributes Based / Flow Based Dependent on Property Use Attributes Based Attributes Based Flow Based Fixture Unit Based Attributes Based Flow Based Flow Based Flow Based Flow Based 2" or Greater, Flow Based Attributes Based Flow Based Fixture Unit Based Attributes Based 2" or Greater, Flow Based Attributes Based Fixture Unit Based Attributes Based Fi xture Unit Based Fixture Unit Based Attributes Based Attributes Based Attributes Based Attributes Based Attributes Based Attributes Based Attributes Based Attributes Based Attributes Based Attributes Based Footnotes: fl] Attributes Based - Impact fee based on particular attributes of customer (e.g., seats in restaurant) which an ERC or flow factor per attribute is applied. [2] Flow Based - Impact fee based on flow calculated for property as generally identified during the permitting process. I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 City of Bartow Brevard County Broward County Charlotte County JEA Florida Keys Aqueduct Authority Fort Pierce Utilities Authority City of Haines City Hernando County Hillsborough County Indian River County Town of Jupiter City of Lake Worth City of Lakeland Marion County Martin County City of Melbourne Miami-Dade County City of North port City of Ocala City of Oldsmar City of Panama City Beach Polk County City of Port St. Lucie Sarasota County Seminole County Sl. Lucie County Sl. Lucie West Services District City of Stuart City of Surnise Tohopekoliga Water Authority City of Winter Springs ~ Agenda Item No. 10A February 24, 2009 Page 193 of 462 Public Resources Management Group, Inc. Clili(l', No/e,Fiflollcia! (jru! JI{{l!Or;Cl/!('111 COIISUlhl!llS August 26, 2008 Mr. Thomas G. Wi des Operations Support Director, Public Utilities Collier County Government 3301 E, Tamiami Trail, Suite H3 Naples, FL 34112 Subject: Alternative Impact Fee Application Dear Tom: As we discussed, the Collier County Water-Sewer District (the "District") has received an alternative impact fee calculation from Tamiami Square of Naples, LLC (the "Developer") which is requesting a reduction in the water and wastewater impact fees that wcre imposed by the District on the property referred to as T amiami Square. It is my understanding that Tamiami Square is a commercial customer serviced by one master meter at the property and will be receiving both potable water and wastewater service. As you know, the District's Impact Fees are applied to a commercial customer based on the estimated equivalent residential connections (ERe) that a specific property may be determined to include. An ERC is a unit of measure which links capacity to a given property (with individually metered residential service being equal to I ERC and is generally the smallest customer from a capacity allocation standpoint) which is based on a level of service equal to 350 gallons per day for water capacity and 250 gallons per day for wastewater capacity. It should be noted that this is a daily capacity allocation and not one based on an average use experienced over a period of time such as a year. Furlhennore, this capacity allocation is based on the allocation of finished water produced and wastewater treated at the respective plant facilities and therefore is not based on retail use metered at the customer premise (there is an allowance for water loss as part of the normal delivery of water and norn1al inflow and infiltration for the collection of wastewater). The District's allocation of capacity to all commercial customers is an ERC based approach predicated on the flow (capacity) required of the property (essentially a "flow-based" allocation) which we believe to be proper in the reservation of capacity by a specific property or customer. By using this fee detelmination methodology, the District does recognize customer diversity in the establishment of the level of impact fees to be charged to a property to promote the fairness provisions (rational nexus) in the application of the impact fees. K:\D.\1\J 125-16\Meler Equiv LtrFinaLdoc 341 NORTH tvhITI AND\VIM![c SUTE JOO MAITLAND. fL 32751 TELEI'IIONE: 14(7) 61S-1WO' 1,\:\ (4IJ7i61S-2610' I.MAIL: PRMGiid'RMGillc.c0111 Mr. Thomas G. Wides Collier County Government August 26, 2008 Page 2 Agenda Item No. 10A February 24. 2009 Page 194 of 462 In the alternative impact fee calculation as submitted by the Developer, a primary assumption as to why a lower impact fee should be charged to the property is that it should have been based on the "meter equivalent" approach as opposed to a flow-based approach cWTently used by the District. The meter equivalent approach is a method that weights the meter capacity by the maximum flow that the meter is capable of measuring to a 5/8-inch meter (i.e., the maximum capacity for a 5/8-inch meter is 20 gallons per minute as referenced in A WW A Manual M6 and considered as a factor of 1.0; the other meters are expressed as a multiple of this usage value based on meter size). The alternative impact fee calculation recognized this method of fee determination under the premise that "numerous cities, counties and FPSC regulated entities utilize FPSC/AWWAlFAC/F.S. Section 25-30.055 and related sections for large service areas ..." in the determination of impact fees to be charged to a property. Although many cities and counties use meter equivalent factors for the determination of commercial property impact fees, the assertion that this is the correct method and therefore the only method to use is simply not true. With respect to the application of impact fees based on the flow or service attributes of a commercial customer, many cities, counties and other public utilities use a flow or attribute- based approach in the determination of the impact fee (attribute would be a specific component of the development such as seats in a restaurant that has a daily capacity based on flow assigned to it). The reason that these utilities use this approach is to accurately recover the cost of providing service based on the capacity requirements specific to the customer. The meter is simply used to measure daily flow and must be sized to accurately measure the flow from the property; however to say that all commercial customers have the same capacity requirement because of the meter size being the san1e between such customers is not correct. Simply put, a restaurant served by a 5/8-inch meter generally would have a significantly higher demand than a real estate office served by the same meter size. Additionally, it is rare that a customer would use 100% of the maximum meter capacity and that a customer's load factor is generally less than this. The District has recognized this; for a maximum flow rate of a 5/8-inch meter at 20 gallons per minute, the daily How would be 28,800 gallons per day yet the approved ERC value of the District is 350 gallons per day which is my understanding is a common level of service used by the industry in Florida. There are several public utilities that use an ERC-based or flow-based approach in the determination of the impact fees and based on my experience, more are moving towards this direction due to the diversity in use experienced by the commercial class and the need to accurately recover cost. Although it is administratively easier to calculate an impact fee using meter equivalents, public utilities realize the financial benefits of calculating the commercial impact fees based on How (or similar attribute) in order to fully recover capital costs allocable to new growth. A survey of public utilities that use a flow based approach is shown on Attachment I to this letter (this does not imply that these are the only utilities using the flow-based approach, K:\DM\I 125-16\Meler Equiv Ltr FinaLdoc Mr. Thomas G. Wides Collier County Government August 26, 2008 Page 3 Agenda Item NO.1 OA February 24, 2009 Page 195 of 462 it is simply a survey). As can be seen, there are many utilities that use the ERC-based or flow- based approach in the determination of the impact fees due from a commercial property. Additionally, the reference in the Developer's alternative impact fee calculation with respect to the FPSC using the meter based approach in our opinion is not entirely accurate. Our experience is that for general service (commercial) use, the plant capacity fees (term used by private utilities; equivalent to an impact fee) imposed by private utilities is expressed in the rate tariff on a cost per gallon basis which implies a flow based application. Based on a review of private utility rate tariffs regulated by the FPSC that are available to us and discussions with others in the industry, the following private utilities imposed a plant capacity fee based on a "per gallon of demand" basis for the general service class: . North Fort Myers Utility, Inc. . Aloha Utilities, Inc. . North Sumter Utility Company, Inc. . Little Sumter Utility Company, Inc. (prior to acquisition) . Florida Water Services Corporation, Inc. (approximately 150 systems; prior to acquisition) . Utilities, Inc.(approximately 40 systems) In the alternative impact fee calculation submitted by the Developer, reference was also made to Florida Statutes, Section 25-30.055 with respect to private utilities. This reference provided a summary of the determination of ERCs for non-residential use and listed the meter equivalent factors assumed in the alternative fee calculation. It should be noted that this rule is associated with a capacity or proposed capacity, to serve 100 or fewer persons, which clearly does not relate to the County. Notwithstanding this service provision, the rule provides that unless the FPSC determines that valid local statistical data should be used, then the meter equivalent factors should be uscd. Based on my knowlcdgc of the industlY, the privatc utilities generally use local statistical data in the development of the plant capacity fees and for the general service class such fees apply to new customers on a flow basis. This is further evidenced by the flow-based fees being reflected in the respective company's rate tariff which have been approved by the FPSC. Finally, the alternative impact fee calculation submitted by the Developer also includes a reference to Public Resources Management Group, Inc. (PRMG) that the alternative method is consistent with the findings reflected in a recent PRMG report regarding the development of impact fees (I assume that this links to the recommendations for the use of the meter equivalency based impact fee since the PRM G report was appended to the calculation). There is no reference to the use of meter equivalents as the basis for fee determination in the report. In fact the fee was based on the total applicable capital costs and the total available flow (and the corresponding ERCs) allocable to growth based on the District's adopted level of service (i.e., flow) allocable to K:\DW,j 125-16J\1eter Equiv Ltrf'inal.doc Mr. Thomas G. Wides Collier County Government August 26, 2008 Page 4 Agenda Item No, 10A February 24,2009 Page 196 of 462 growth. The only reference to meters in the report deals with the fact that an ERC is equivalent to the daily use of a typical individually metered residential customer which is generally the lowest level of use in the determination of the flow requirements included in the definition of an ERC; it has absolutely nothing to do with the application of an impact fee based on meter equivalents. In summary, we believe the District's approach to calculating an impact fee for a commercial customer based on flow which links to the District's adopted level of service is prudent, is reflective of the practices in the industry, and provides for the full recovery of expansion-related costs of the District. We do not agree with the use of meter equivalents as the basis for the determination of the impact fee to be applied to the Developer's property since it is not consistent with the County's ordinances and is not consistent with the demand requirements being imposed by the Developer's property. If you have any questions or comments relative to our opinion or need further clarification, please do not hesitate to give me a call. Very truly yours, Public Resources Management Group, Inc. ?~.c~ dJ~' Robert J. Ori President RJO/skc Attachments K:\DM\1125-16\Meter Equiv LtrFinal.doc Attachment I Collier County, Florida Agenda Item NO.1 OA February 24, 2009 Page 197 of 462 Sample of Florida Utilities - Commercial Impact Fee with Flow Based Application Methodolo!!V Line No. Utility I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 City of Bartow Brevard County Broward County Charlotte County JEA Florida Keys Aqueduct Authority Fort Pierce Utilities Authority City of Haines City Hernando County Hillsborough County Indian River County Town of Jupiter City of Lake Worth City of Lakeland Marion County Martin County City of Melbourne Miami-Dade County City of North port City ofOcala City of Oldsmar City of Panama City Beach Polk County City of Port St. Lucie Sarasota County Seminole County St. Lucie County St. Lucie West Services District City of Stuart City of Sunrise Tohopekoliga Water Authority City of Winter Springs Impact Fee Application Methodology [1] [2] Fixture Unit Based Attributes Based I Flow Based Dependent on Property Use Attributes Based A ttributes Based Flow Based Fixture Unit Based Attributes Based Flow Based Flow Based Flow Based Flow Based 2" or Greater, Flow Based Attributes Based Flow Based Fixture Unit Based A ttributes Based 2" or Greater, Flow Based Attributes Based Fixture Unit Based Attributes Based Fixture Unit Based Fixture Unit Based Attributes Based Attributes Based A ttributes Based Attributes Based A ttributes Based A ttributes Based Attributes Based Attributes Based Attributes Based Attributes Based Footnotes: [I] Attributes Based - Impact fee based on particular attributes of customer (e.g., seats in restaurant) which an ERC or flow factor per attribute is applied. [2] Flow Based - Impact fee based on flow calculated for property as generally identified during the permitting process. Agenda Item No. 10A February 24,2009 Page 198 of 462 APPEAL TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Tamiami Square of Naples, LLC, a Florida limited liability company PETITIONER, vs. .... :! o n ....... I N Mr. Jim Mudd, County Manager, Collier County, Florida RESPONDENT. ". ::z: is N -.0 / APPEAL OF LETTER DATED AUGUST 29, 2008 FROM MR. THOMAS G. WillES, OPERATIONS DIRECTOR, PUBLIC UTILITIES, COLLIER COUNTY W ATER- SEWER DISTRICT AND REQUEST FOR ALTERNATIVE IMPACT FEE CALCULATION BASED ON PETITIONERS ALTERNATIVE IMPACT FEE STUDY Petitioner, Tamiami Square of Naples, LLC, a Florida limited liability company, by and through their undersigned counsel, file this appeal of the above referenced letter (the "Letter") pursuant to the terms of that certain Agreement Regarding Alterative Impact Fee Calculation dated May 13. 2008 by and between Petitioner and the Collier County Board of County Commissioners acting as the governing body of the Collier County Water-Sewer District (the "Agreement") and state in support thereof as follows: Appeal 1. Petitioner, Tamiami Square of Naples, LLC, attended a pre-application meeting with County staff on Monday, May 12, 2008 to discuss the requirements, procedures and methodology of the alternative fee calculation for the Tamiami Square development, the location of which development is more particularly described in the Agreement. A copy of the 568418 \ 111647.0003 o 00 c:,.., ~~ m )>0 g-r; :tJ:2 2m r::? Agenda Item NO.1 OA February 24, 2009 Page 199 of 462 Agreement is attached as Exhibit "A". Subsequent to this pre-application meeting, Petitioner by and through its attorney proposed to County staff in writing to approach the alternative fee calculation by using a Unit Count Method. A copy of the e-mail to County staff dated May 14, 2008 containing the proposed Unit Count Method approach to the alternative fee calculation is attached as Exhibit "B". Further, County staff received written notice from Petitioner that the alternative impact fee calculation prepared by Gerald C. Hartman, PE, BCEE, ASA of GAl Consultants Inc. would be based on the Unit Count Method and that Petitioner was proceeding to prepare the alternative impact fee calculation/report for submission to County staff. See, Exhibit "B". At no time prior to the delivery of Petitioner's alternative impact fee calculation/report to County staff, pursuant to a letter dated August I, 2008 and attached hereto as Exhibit "C", did County staff object to the use of the Unit Count Method. Additionally, County staff has deemed the alternative impact fee calculation/report prepared by the Petitioner to be complete. See, Page I of the Letter. The Agreement does not allow for or contemplate that County staff would object to the proposed approach (e.g. the Unit Count Method) afier preparation and submission of the alternative fee calculation/report based on the Unit Count Method. At this stage in the process, County staffs review of the data, analysis, and conclusions asserted in the alternative impact fee calculation/report is proper, but a wholesale rejection of the Unit Count Method methodology is not. 2. Further, the Letter (a copy of which Letter is attached as Exhibit "D") rejects the "Meter Equivalency" approach as a methodology approach and does not specifically address, reject or challenge the Unit Count Method approach that was used by the Petitioner. See, the Letter. The Petitioner is not using a "Meter Equivalency" approach, and the Petitioner has no idea how to respond to County staffs rejection of an approach/methodology not taken by Petitioner. Additionally, the Letter provides no basis or authoritative support for rejecting the 568418 \ 111647.0003 2 ~ Agenda Item NO.1 OA February 24, 2009 Page 200 of 462 Unit Count Method. To the contrary, Petitioner's alternative fee calculation/report dated July 23, 2008 and prepared by Gerald C. Hartman, PE, BCEE, ASA of GAl Consultants Inc. (a copy of which is attached as Exhibit "E" and is hereinafter referred to as the "Report") provides clear support for the Unit Count Method as an accepted alternative method of impact fee calculation for commercial properties. See, Attachments F and G to the Report. In fact, Petitioner challenges the Letter as triggering the need to file a written appeal petition to the Board and respectfully requests that County staff meet with Petitioner to discuss Petitioner's alternative fee calculation/report based on the Meter Equivalency approach. 3. Petitioner's alternative fee calculation/report dated July 23, 2008 and prepared by Gerald C. Hartman, PE, BCEE, ASA of GAl Consultants Inc. (a copy of which is attached as Exhibit "E" and is hereinafter referred to as the "Report") states that 27.3 ERCs for both water and wastewater have been paid by Petitioner or will be paid prior to the issuance of Certificates of Occupancy. See, Page 2 and attachment H of the Report. Pages 2 and 3 of the Letter simply misstate representations made by Petitioner as to the number of existing ERCs. Further, Petitioner continues to request that these additional 5.5 ERCs be paid prior to the issuance of Certificate of Occupancics as no watcr and/or wastewater demand/use ",ill occur until after Certificate of Occupancies have been issued by the County (hence, no impact will occur until such time) and given that County staff improperly issued the building permits without first collecting the correct amount of impact fees from such outparcel owners/tenants, it is simply unfair to punish the Petitioner for County staff's mistake, especially when no demand for water and wastewater services has occurred. If Certificate of Occupancies are not issued or if the permits expire, no demand for water and wastewater services is created and no additional impact fees for the same should be paid. 568418 \ J 11647.0003 3 Agenda Item No, 10A February 24. 2009 Page 201 of 462 4. The Unit Count Method is documented and supported by the historical flow as demonstrated in the Report. The Report documents the correlation between the Unit Count methodology and historical record by looking at 2007 annual averages for water and wastewater flows. The only full calendar year with complete data. The Report concludes that the Unit Count Method is valid and approximately applied. See, Tables 1,2 and 3 of the Report. 5. At no time has Petitioner agreed to or accepted "peak flow" as the approach or methodology for the alternative fee calculation/report. To the contrary, attachments B and C to the Report support Petitioner's claim that County staff must look at "annual average daily flow," not peak flows. The Letter is silent on this issue and to date, County staff has filed to provide legal support for calculating impact fees based on peak flows. Exhibit 3 of the Letter shows 41.6 ERCs when looking at historical "monthly" average flows for water. County staff, however, is asserting that 61.4 ECRs are due for water. This is simply not supported by their own findings in the Letter when looking at annual average daily flows. With respect to wastewater, County staff provided no wastewater flow information in the Letter, and County staff failed to challenge Petitioner's wastewater flow information supporting 32 ERCs due for wastewater. AI; such, County staff has no basis whatsoever to support a claim that 61.4 ECRs are due for wastewater. According to the Report, on an annual average basis for wastewater, the actual flows and the paid units and the occupied units correlate exactly to 32 ERCs. See, Page 3 of the Report. 6. Further, with respect to County staff s water calculations, Table 3 of the Report and Exhibit 3 of the Letterl show combined (irrigation and water for the buildings) water flow through the meters. However, Table 2 of the Report documents the repairs to the integrated irrigation and potable water system in 2007. Petitioner further provided site photographs in the Report showing sod and landscaping needs in 2007 and 2008. Site development records show 568418\ 1116470003 4 Agenda Item No.1 OA February 24. 2009 Page 202 of 462 that major development occurred in 2007 and that development continues in 2008. In 2008, installation of sod and landscaping created additional non-reoccurring water demand. The American Water Works Association guidelines state that non re-occurring data should be excluded from the fee calculation analysis. As such, major waterline beaks and water usage for new sod and landscaping should be excluded. Wherefore, Petitioner respectfully requests that the Board of County Commissioners reject the Letter and approve the alternative impact fee calculation/report provided by the Petitioner pursuant to the terms of the August l, 2008 letter attached hereto as Exhibit "c" . Respectfully submitted, <C~~ Douglas A. Lewis, Esq. Attorney for Petitioner Florida Bar No. 0177260 Roetzel & Andress 850 Park Shore Drive, Trianon Centre, Third Floor Naples,FL 34103 (239)649-6200 1 Such numbers have been provided by County staff and are subject to contest by Petitioner. 568418\ \11647.0003 5 Agenda Item No. 10A February 24, 2009 Page 203 of 462 Certificate of Service I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via e- mail to the following persons this 1st day of October, 2008. Jeffrey A. Klatzkow, Esq. Jennifer Belpedio, Esq. Collier County Attorney's Office 3301 E. Tamiami Trail, 8th Floor Naples, FL 34112 Mr. Jim Mudd, Collier County Manager 3301 E. Tamiami Trail, 2nd Floor Naples, FL 34112 Mr. Joseph K. Schmitt, Administrator Community Development & Environmental Services 2800 N. Horseshoe Drive Naples, FL 34104 ~ Douglas A. Lewis, Esq. Attorney for Petitioner Florida Bar No. 0177260 Roetzel & Andress 850 Park Shore Drive, Trianon Centre, Third Floor Naples, FL 34103 (239)649-6200 568418 \ 111647.0003 6 Agenda Item No. 10A February 24, 2009 Page 204 of 462 EXHIBIT "A" ~-~ -~-------- Agenda Item No. 10A February 24. 2009 Page 205 of 462 AGREEMENT REGARDING ALTERNATIVE IMPACT FEE CALCULA nON This Agreement is made and entered into on May 12-, 2008 into by and between Tarniami Square of Naples, LLC, a Florida limited liability company ("Developer"), and the Collier County Board of County Commissioners ("BCC") acting as the governing body of the Collier County Water-Sewer District ("CCWSD"). WHEREAS, CCWSD has calculated $288,623.50 in water and sewer Impact fees based on the square footage and/or use of existing commercial development located on real property identified by the following Collier County tax identification munbers: (i) 00143080000; (ii) 76422000065; and (Hi) 76422000049 ("Property"); and WHEREAS, Developer disputes the $288.623.50 calculati~n. Notwithstanding, Developer has paid $43,444.00 for water and sewer impact fees for the Property, subject to and conditioned upon Developer reserving all of its rights under the Consolidated Impact Fee Ordinance and all other applicable laws, ordinances, etc.; and WHEREAS, CCWSD and Developer desire to participate in an alternative impact fee process regarding the amount of water and sewer impact fees ("Impact Fees") due and owing for the Property and hereby agree to withhold the filing or initiation of any claim, action or lawsuit during the pendency of the alternative impact fee process; and WHEREAS, CCWSD has released all current Public Utilities Division holds or any other holds relatcd to Impact Fees on building permits and related certificates of occupancy pending on the Property as of the effective date of this Agreement as a condition of payment in the amount of $43,444.00 made by the Developer on April 3, 2007. NOW, THEREFORE, in consideration of the foregoing premises and the following promises, the parties agree as follows: 1. The foregoing recitals are true and correct and are hereby incorporated herein by reference. 2. Developer has tendered a check in the amount of $43,444.00 for Impact Fees and $2,SOO.00 for: (i) staff to review its alternative impact fee calculation; and (ii) payment of all of Developer's fees and costs due and owing the County for the alternative impact fee process. 3. CCWSD agrees not to withhold issuance of certificates of occupancy, issue stop work orders or take any other adverse action on all issued or pending building permits for the Property based on or related to the $288.623.50 In disputed Impact Fees. 4. No later than May 13, 2008, Developer shall arrange and attend a pre-application meeting with the County Manager to discuss the requirements, procedures and methodology of the alternative fee calculation. The pre-application meeting will normally cover the following topics: (I) proposed previous studies; (2) credits; (3) proposed study sites; (4) study data elements; (5) proposed data collection methodology; and (6) report format. 5. Subsequent to the pre-application meeting, Developer shall submit three (3) copies of the proposed approach to the alternate fee calculation to the County Manager. The County Manager shall have 30 County working days to respond in writing to the proposed approach. If the County Manager concurs with the proposed approach, Developer will be notified to proceed with the alternative fee calculation. If the County Manager disagrees with the proposed approach. the County Manager shall identify the problem areas for Developer to incorporate and address in its re-submittal to the County. Developer shall be required to recei ve approval from the County Manager prior to proceeding with the Agenda Item No. 10A February 24, 2009 Page 206 of 462 alternative fee calculation. If the County Manager has not approved Developer's proposed approach after one re-submittal, Developer may request a decision from the County Manager whereupon the County Manager shall either approve, approve with conditions, or deny the proposed approach. 6. The alternative fee calculation shall be undertaken through the submission of an impact analysis for the water and sewer facilities at issue, which shall be based on data, information, methodology and assumptions contained in Chapter 74, of the Collier County Code of Ordinances and/or the impact fee studies incorporated herein, or an independent source, including local studies for alternative impact fee calculations performed by others within the immediately preceding three (3) years, if applicable or available, provided that the independent source is a local study supported by a data base adequate for the conclusions contained in such study performed pursuant to a methodology generally accepted by professionals in the field of expertise for the water and sewer facilities at issue and based upon standard sources of information relating to facilities planning, cost analysis and demographics and generally accepted by professionals in the field of expertise for the public facilities at issue. 7. The alternative fee calculation shall be submitted by the Developer for the Property and shall be prepared and certified as accurate by persons accepted by the County as qualified professionals in tbe field of expertise for tbe public facilities at issue, and shall be submitted to tbe County Manager. 8. Within thirty (30) County working days of receipt of an alternative fee calculation, the County Manager sball determine if it is complete. If the County Manager determines the application is not complete, he shall send a written statement specifYing the deficiencies to the person submitting the application at the address set forth in the application. The County Manager will not be required to take any further action on the alternative fee calculation until all specified deficiencies have been corrected. 9. After the County Manager determines that the alternative fee calculation is complete, he shall notifY Developer of its completion within ten (10) days, and he shall, within thirty (30) County working days, complete a review ofthe data, analysis, and conclusions asserted in the alternative fee calculation. If this review is not completed within tbese time frames, and if requested by Developer, the item will be scheduled for the next available BCC meeting. 10. If the County Manager determines that in the alternative fee calculation the County's cost to accommodate the existing commercial square footage and use on the Property is statistically significantly different than the impact fee established pursuant to Section 74-20 I and the applicable Sections 74-302 through 74-309, of the Collier County Code of Ordinances, tbe amount of the impact fee invoiced Developer shall be reduced to a dollar amount consistent with the amount determined by the alternative fee calculation, subject to the BCe's approval. 11. In the event Developer disagrees with a decision of the County Manager that effectively results in a denial of the alternative fee calculation, Developer may file a written appeal petition with the BCC not later than thirty (30) days after receipt of notice of such a decision by the County Manager. In reviewing the decision, the BCC shall use the standards established or to be established hereunder. The appeal petition must advise the BCC of all issues and shall explain the precise basis Developer asserts that the decision(s) of the County Manager is/are alleged to be incorrect. 12. Developer agrees that future permits sought for the Property seeking a net increase in size or use and creating additional demand or impact on water or sewer public facilities will not be issued unless Impact Fees due for the particular unites) (based solely on such size or use increase creating additional demand or impact on water or sewer public facilities) are paid in full. CCWSD agrees that it will not withbold issuance of permits or certificates of occupancy, issue stop work orders, or take any adverse action relating to: (i) future permits sought for particular unit(s) within the Property that do not result in a net increase in size or use and do not create additional demand or impact on water and sewer public Agenda Item No. 10A February 24,2009 Page 207 of 462 facilities; and (ii) permits for particular unit(s) within the Property where additional Impact Fees are due (given a net increase in size or use and creating additional demand or impact on public facilities) and paid in full. 13. Should an alternative impact fee be approved by the Bee, Developer agrees to provide the eeWSD with sewer flow rates' on a monthly basis until two (2) years after the approval of the alternative impact fee. 14. At the end of each six month period within the two (2) year cycle eeWSD will analyze the water and/or sewer flows for sewer during those six month periods. eeWSD hereby acknowledges that during the two (2) year cycle the Developer will continue to lease and develop the Property and that water and sewer flows for the Property will likely increase. 10 the event that actual water and/or sewer flows for the Property in two consecutive months exceed the sum of water and/or sewer flows used in the alternative impact fee calculation and water and/or sewer flows accounted for in the issuance of future building permits, eeWSD can properly claim additional water and sewer Impact Fees are due and owed. CeWSD will recover additional water and sewer Impact Fees at the then in effect Impact Fee rate. During, the two (2) year cycle, and after its expiration, all additional furore water and sewer Impact Fees not yet accounted for or related to the $288,623.50 in disputed impact fees will be paid at the time ofthe future building permit issuance. IS. For the pendency of the alternative impact fee process, the parties agree that all applicable statute of limitations as to any and all claims of the County or Developer shall be tolled and suspended. ] 6. Developer hereby waives any defense by way of any statute of limitations which would otherwise arise during the pendency of the alternative impact fee process. 17. This waiver shan not be construed as a waiver of any statute of limitations defense that has become established as of the effective date of this Agreement. or which would arise after the pendency of the alternative impact fee process; it only excludes the period during which this Agreement has operated to toll any applicable statute of I imitations. 18. It is understood that by entering into this Agreement, neither party is waiving any claims, rights or defenses that may have accrued up to the effective date of this Agreement. 19. This Agreement shall not be offered in evidence in any action or proceeding except with respect to any action or proceeding related to this Agreement, or to enforce the terms of the Agreement, or prove that the statute oflimitations was tolled for the period of time during which this Agreement was in effect. 20. The pendency of the alternative impact fee process will be deemed to have commenced upon approval of this Agreement by the Bee and full execution of the same by the parties hereto and shall be deemed to have expired upon a final determination by the BCe on Developer's alternative impact fee calculation. 21. During the pendency of the alternative impact fee process, the $288,623.50 in bupact Fees invoiced Developer shall not be deemed delinquent under Section 74-501, of the Collier County Code of Ordinances or otherwise and no delinquency fee, interest, or other rees shall be due and owing the County with respect to said Impact Fees or any portion thereof which may be due and owing the County for the Property. 22. On or before thirty (30) days after the end of the alternative impact fee process and only in the event additional Impact Fees are due and owing the COWlty, the County shall provide written notice to I CCWSD will monitor the monthly water flows. Agenda Item No. 10A . February 24, 2009 Page 208 of 462 Developer of the amount of any Impact Fees due based on the outcome of the alternative impact fee process. Developer shall have thirty (30) days from the date of said notice by the County to pay all such hopact Fees in full or enter into a binding agreement with the County to make installment payments for said hopact Fees to include the statutory interest rate which shall only connnence to accrue from and after the date a final determination is made by the BCC on Developer's alternative impact fee calculation. The County Manager is hereby authorized to enter into an agreement with Developer for installment payments with a reasonable repayment period not to exceed three (3) years. rfDeveloper fails to either pay in full all such Impact Fees and any statutory interest due and payable thereon on or before the expiration of said thirty (30) day period or enter into a binding agreement with the County regarding installment payments, the County may only thereafter deem any such Impact Fees due and owing the County for the Property delinquent under Section 74-501, of the Collier County Code of Ordinances and proceed with its collection rights and remedies under Section 74-501, of the Collier County Code of Ordinances. Notwithstanding anything contained in this Agreement to the contrary, it is expressly understood and agreed to by the parties hereto that Developer does not hereby waive or limit in any way any existing or future claims, rights, positions or defenses that Developer may have to seek a refund for overpayment of impact fees oursuant to Section 74-202 or to legally challenge: (i) the alternative impact fee process, (ii) the final determination made by the BCC on Developer's alternative impact fee calculation, (iii) the Impact Fee calculation, andlor (iv) any future impact fee calculation for the Property. DEVELOPER (d:;.SSES: ..~', ~.c;7p1.-/ Print Name: B-"LI:.. .Jl9LL- ~ ,.. n-. -~~ Tamiami Square of Naples, LLC, a Florida limited liability company By: Crifas; Enterprises, Inc., a Fl as Manager By: A TrEST: DWIGHT E. BROCK, CLERK . . ;:;:f\;i{: "('- . jL~'~auP'(. :':at:,to- I , : '~.I~~~fr.,~ and legal "~,+fficienci::' ~..' -'<:.:,: .~l':'.':'.' . By: ~Ct ?.. {J t:;<1 : "'"' JennIfer A. Be edic Assistant County Attorney Agenda Item NO.1 OA February 24,2009 Page 209 of 462 EXHIBIT "B" Lewis. Doug Agenda Item No. 10A February 24, 2009 Page 210 of 462 From: Sent: To: Cc: Subject: Lewis, Doug Wednesday, May 14, 20D8 2:44 PM 'wides tom'; MoncivaizGilbert belpediojennifer; GrifasirealtyCo@aol.com; 'Jean E. Valadez' RE: Tamiami Square of Naples Thanks for the follow-up Tom. We are following-up with J&N on your sewer flow questions and will get back to you with an answer on these items. It would be good to be done on the wastewater side. On the potable water side, we disagree with your preliminary conclusions. Based on our consultant's site inspection, the irrigation system was improperly expanded into areas not developed and is (together with other factors) a reason for the high usage. Our consultant believes that with the improvements, the irrigation meter, and correction of other factors, potable water consumption on the site will be much less. Based on what was stated at our pre-application meeting, we are proceeding with the Unit Gount Method and the 2- year study to commence in July 20D8, if possible. Jerry Hartman is putting together the alternative fee calculation. We look forward to meeting with you after this has been submitted to discuss the findings. Thanks for your continued assistance on thisi! - Doug From: wides_tom [mailto:TomWides@collierQov,net] Sent: Tuesday, May 13, 20082:00 PM To: Lewis, Doug; MoncivaizGilbert Gc: belpediojennifer; GrifasirealtyGo@aol.com Subject: RE: Tamiami Square of Naples Doug, thanks for the photos. I good with one lift station; I'm interested at what point the sewer flows are being measured; the documentation that has been provided shows two pumps and their run times. I'm trying to determine the configuration into the lift station. If we can determine the configuration and confirm that there are only two pumps for the entire development (all buildings, no matter who owns them), I will be good with the Wastewater ERG's. Also, although the 10 (reclaimed) Water is available for the medians, we are not taking on additionallQ customers due to limited availability of 10 capacity at this time. The fall off in growth has not helped this situation; the Wastewater plants are running at low inflows for the last six-nine months. Finally, after we met yesterday, I was reviewing recent usage of potable water at the development I see 55.4 ERG's of use in May, 2008 and 53.3 ERG's of use in April, 2008. At a simple average, that's 554 ERG's. Even if the development installs the irrigation meter, that may take off 6 ERG's maximum; still leaving a peak of 50-ish ERG's for water. I see no indication of diminished use at the development; I will be very hard pressed to accept a proposal that is below these numbers. I see no basis to accept a lower number for water. Looking forward to our next session. Tom Wides From: Lewis, Doug fmailto:dalewis@ralaw.com] Sent: Tuesday, May 13, 2008 9:48 AM To: wides tom; MoncivaizGilbert Gc: belpediojennifer; GrifasirealtyGo@aol.com Subject: Tamiami Square of Naples <<Tamiami Square 020.jpg>> <<Tamiami Square 021 ,jpg>> <<Tamiami Square 022.jpg>> <<Tamiami Square 023.jpg>> <<Tamiami Square 024.jp9>> <<Tamiami Square 025.jpg>> <<Tamiami Square 026.jpg>> Tom & Gil. Exhibit "A" Page 1 of 2 Agenda Item No. 10A February 24. 2009 In follow-up to our meeting yesterday, Jerry Hartman and I went to the site and walked the property afteP~etfn\filj::gr your review and file, attached are photographs of the only lift station located on the very north end of the property. Let me know if you have any further questions related to the lift station. Also, in the right-of-way median just north of the site, we noticed that the median is being irrigated by reclaimed water. Does the site have access to reclaimed water for irrigation purposes? Let us know. Thanks!! Douglas A. Lewis Picture (Metafile) WWW.ralaw.com <http://www.ralaw.com/> 850 Park Shore Drive Trianon Centre - 3rd Floor Naples, Florida 34103 Phone: (239) 649-2712 Fax: (239) 261-3659 E-mail: dalewis@ralaw.com<mailto:dalewis<1i1ralaw.com> Profile: Douglas A. Lewis <http://www.ralaw.comlattomev.cfm?id;4512> Both Douglas A. Lewis and Roetzel & Andress intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239) 649-2712. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or (2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U,S. Treasury Regulations governing tax practice. Exhibit HAlf Page 2 of 2 Agenda Item No. 10A February 24, 2009 Page 212 of 462 EXHffiIT "C" A LEGAL PROFESSIONAL ASSOCIATION ~50 PARK 3 of 462 TRIANON CENTll.E - THIRD FLOOR NAPLES, FL34103 239.649.2712 DIRECT 239.649.6200 MAIN 239.261.3659 FAX dalewis@ralaw.com I_&)ANDRESS II August 1,2008 VIA HAND DELIVERY Jennifer L. Belpedio, Esq. Assistant County Attorney Collier County Attorney Office 3301 E. Tarniami Trail, 8th Floor Naples, FL 34112 Re: Agreement Regarding Alternative Impact Fee Calculation dated May 13, 2008 between Tamiami Square of Naples, LLC and Collier County Board of County Commissioners (the "Agreement") - Alternative Fee Calculation Study/Report dated July 23, 2008 and prepared by GAl Consultants, Inc. (the "Study") Dear Jennifer: Pursuant to the terms of the Agreement and Appendix H, Alternative Fee Calculation Methodology Water and Sewer Impact Fee from the Collier County Consolidated Impact Fee Administrative Procedures Manual, enclosed please find five (5) originals of the above- referenced Alternative Fee Calculation Study/Report for review by the County Manager, Collier County Public Utilities Department Administrator and Impact Fee Coordinator. The enclosed Study has been certified by Gerald C. Hartman with GAl Consultants, Inc., a professional engineer registered with the State of Florida, and the Study complies with the proposed approach and methodology that we discussed and agreed to use at the May 13, 2008 Alternative Impact Fee Study pre-application meeting. Based on the data, information, assumptions and methodology included in the Study and discussed at the pre-application meeting, the proposed alternative water and sewer impact fee calculations are as follows: 1. Water (potable service) impact fees - unit count. 4.7 additional ERCs at $3,575 per ERC for a total of$16,803 in additional impact fees and a total of32 potable water ERCs. 2. Wastewater impact fees - unit count. 4.7 additional ERCs at $3,495 per ERC for a total of $16,427 in additional impact fees paid to the County and a total wastewater impact fee count of32 ERCs. Additionally, and in follow-up to the County letter dated March 31, 2008 (see Attachment H to the Study) and our pre-application meeting, our client proposes to install the requested two (2) inch irrigation meter and separate the potable water system from the water CLEVElAND TOLEDO AKRON COLUMBUS CIJ\lCINNAll WASHINGTON, D.C. TAllAHASSEE ORLANDO FoRTMYERS NAPLES FORT LAUDERDALE www.ralaw.com Agenda Item No. 10A February 24, 2009 Page 214 of 462 Jennifer L. Belpedio, Esq. August 1,2008 Page 2 used to irrigate the property and re-hydrate the wetlands located along the eastern boundary of the property. A meter tapping fee of $1,140.00 plus impact fees for irrigation totaling of $22,060.59 would be paid by our client based on an ERC value of 6.1. As such and subject to approval of the Study, the total additional amount to be paid to the County by my client would be $56,430.59. Should the Study be approved, our client requests that the two (2) year monitoring period pursuant to Paragraphs 13 and 14 of the Agreement not commence until our client has sufficient time to separate the potable water lines from the lines used to irrigate and re-hydrate the wetlands and only upon written notification to the County from our client that such work has been completed and that the potable water and wastewater systems are functioning correctly. Pursuant to Paragraph 22 of the Agreement and the County letter dated March 31, 2008, our client proposes to pay the tapping fee for the two (2) inch irrigation meter and purchase an additional ERC value of 6.1 for irrigation for an amount totaling $22,060.59 on or before thirty (30) days from the date of County approval of the Study and County invoice for the same. With respect to the additional $16,803.00 in potable water impact fees and $16,427.00 in wastewater impact fees, our client is able to pay $1,000.00 per month until such balance is paid-in-full such that the repayment period for such additional impact fees will not exceed three (3) years. We look forward to hearing from you and greatly appreciate your cooperation and assistance in this matter. In the meantime should you have any questions whatsoever, please feel free to contact me. Very truly yours, DALlksn Enclosures as Stated _ ROET~E~S,LPA ~e ~ Douglas A. Lewis For the Firm cc: Mr. Jack J. Crifasi, Jr. (w/enclosure) Mr. Gerald C. Hartman (w/o enclosure) 563300,0\.111647.0003 Agenda Item NO.1 OA February 24, 2009 Page 215 of 462 EXHmIT "D" L Agenda Item I~u. lOA February 24, 2009 Page 216 of 462 COLLIER COUNTY PUBLIC UTILITIES DIVISION 3301 E. Tamiami Trail' Naples, Florida 34112 . (239) 732-2575 . FAX (239) 732-2526 August 29, 2008 Mr. Douglas A. Lewis, Esquire Roetzel & Andress, P.A. 850 Parle Shore Drive Trianon Centre - 3rd Floor Naples, Florida 34103 Subject: Alternative Water and Wastewater Impact Fee Calculation- Tamiami Square Dear Mr. Lewis: In accordance with the Agreement Regarding Alternative Impact Fee Calculation dated May 13, 2008 (the "Agreement") between the Collier County Water-Sewer District (the "District") and Tamiami Square of Naples, LLC (the "Developer" and collectively with the District, the "Parties"), District staff is providing a response to the alternative impact fee calculation submitted by the Developer for water and wastewater capacity for the Property as defined in the Agreement. In accordance with item 8 of the Agreement, the County Manager must respond in writing within thirty (30) days after the receipt of the alternative impact fee calculation to express that such calculation is considered as being complete. The alternative impact fee calculation was received by the County on August 1, 2008. The District staff, acting as the County Manager's designee, has prepared this letter to. provide notification that the District staff does consider such submittal of the alternative impact fee calculation by the Developer as being complete. In accordance with item 9 of the Agreement, the County (through the District) must review the data, analysis, and conclusions asserted in the alternative impact fee calculation and provide the results of such review, analyses, and conclusions to the Developer within thirty (30) days after the determination that the application is complete. The remainder of this letter provides a discussion of our review and analyses of the alternative impact fee calculation submitted by the Developer and our conclusions. Developer Reauest Based on information contained in the alternative impact fee calculation and meetings and discussions held with the Developer, the Developer is requesting the following: I. The Developer per the alternative impact fee calculation states that the total equivalent residential connections (ERe) [for that component of the Property which is identified in the alternative impact fee calculation as Phase 1] is 17 ERCs and is based on the meter equivalency approach that is represented by the Developer as c o ,~ . '1 c o M M t y Agenda Item No. 1~ February 24,2009 Page 217 of 462 being used by numerous cities, counties, and private utilities regulated by the Florida Public Service Commission (FPSC). 2. The total amount of ERCs paid as of the date of this letter by the Developer for construction projects upon the Property to the District is 27.3 ERCs. 3. The total amount ofERCs to be assigned to the Property for all phases (I through 3) of development is 32 units and was also based on the meter equivalency approach. Based on the assumed prepaid amount by the Developer of 27.3 ERCs, this would result in a remaining balance due for the development of all phases of the Property to be 4.7 ERCs (32 ERCs minus 27.3 ERCs). 4. The Developer plans to install a two-inch irrigation meter to receive water-only service and identified this service requirement to equal 6.1 ERCs; the determination of this level of ERCs was based on the County's "Water-only Meter Application (Potable)" calculation worksheet as prepared and submitted by the Developer to the District. 5. The total remaining amount due to the District for the Impact Fees attributable to all development phases (I through 3) of the Property is as follows: Impact Fee Impact Fee ner ERe Amount Potable Water at 4.7 ERe. $3,575.00 $16.803.00 Wastewater at 4.7 ERCs $3,495.00 $16,427.00 Potable Imeation at 6.1 ERCs $36]6.49 e2? 060.59 Total Iron.ct Fees Due Per DeveloDCT District Review. Analysis. and Conclusions Based on the information contained in the alternative impact fee calculation provided by the Developer, a review of the District Uniform Billing, Operating and Regulatory Standards and Ordinances as applicable to the determination of impact fees, and our understanding of the Developer request as contained in the alternative impact fee calculation, we have performed the following analysis and are of the following opinions: 1. The use of the meter equivalent basis as the method to determine the amount ofERCs allocable to the Property is considered incorrect and is not being relied upon by the District. Although numerous cities and counties may use this method, many cities and counties do not use this method due to the fact that this approach can understate the allocated capacity to a specific property. In many instances, the methodology for the determination of ERCs for a commercial classification such the Developer's Property is determined based on flow and a unit of measure that links to flow (e.g., average daily flow or fixture units). This approach is used to recognize the diversity in demand of the commercial class (customers with the same meter can have 2 Agenda Item No. 10A February 24, 2009 Page 218 of 462 materially different service demands and therefore a different number of ERCs associated with servicing the customer) which is not reflected in the meter based approach. This is further supported by findings and opinion of Public Resources Management Group, Inc. (pRMG), the District's rate consultant, which is attached hereto and made a part of our response. As PRMG states in their letter to the District, the FPSC has allowed private utilities in numerous instances to use a flow based approach in the determination of the plant capacity charges (impact fees) to be paid for general service (commercial) customers for the reservation or allocation of capacity. 2. The approach reflected in the alternative impact fee calculation is not consistent the method reflected in the District's rules and ignores the diversity of the commercial class as it relates to meter size. The impact fee for commercial service recognized by the District is based on a level of service whereby one (1) ERC is equaI to 350 gallons per day (gpd) for potable water and 250 gpd for wastewater which is "flow based"; such calculation is not dependant on the size of the meter(s) needed to measure flow to the Property. The County's determination of the impact fee due by an applicant such as the Developer is based on an estimated capacity (flow) approach which is used by many utilities across the state. Just because many utilities use a meler equivalency-based approach does not mean it is the correct approach to use for 1he Property; just as many utilities do not use this approach. As such, 1he basis for 1he Developer's alternative impact fee calculation is not accepted by the District staff. 3. During the meetings between the Developer and the District staff, it was discussed among the Parties that the Impact Fee calculation should be based on actual flow characteristics of the Property. The alternative impact fee calculation as submitted did not reflect the use of this discussed methodology. Predicated on the above, the basis for the Developer's alternative impact fee calculation is not considered as being correct and therefore alternative impact fee calculation is not accepted by the District. 4. The District initially prepared an Impact Fee calculation that identified the water and wastewater ERCs for the Property and it was determined that the total ERCs were 61.4, a copy which is attached as Exhibit 1. The District does not agree with the Developer's alternative impact fee calculation that concludes that there are 32.0 ERCs for the property (absent irrigation demands). 5. The total amount of ERCs paid by the Developer for which the County has received payment was for 21.8 water and wastewater ERCs, not the 27.3 ERCs as stated in the Developer's alternative impact fee calculation. A review of our records indicate that 5.5 ERCs were represented on the building permits as being subj ect to an impact fee credit due to the Developer; however no payment was actually received (either prepaid or at time of permit issuance) by the District and therefore payment is still outstanding. Included on Exhibit 2 are copies of the respective building permits that indicate the amount due and the status of the respective permit. The permit numbers and corresponding ERCs are summarized below: 3 Agenda Item No. 10A I February 24, 2009 Page 219 of 462 ERCs Permit Number ReDresented 2005121721 2.0 2005072983 3.5 6. Based on the above, the total ERCs for the Property due by the Developer is as follows: Total ERCs or CODn Avem e 1m act Fee r ERC Total Amount Due to Conn Water 61.4 $2,695.10 TDla1 $350,720.50 Amount Paid b Develo er Total ERes Amount Paid 21.8 21.8 121480.00 Net Amount Due CODn SI07 526.00 $121 714.50 [11 Amounts shoWII reflect average impaot fee calculated for the detennination of the Developer liability by the County since the impact fee mte was based on time of ennit a lieation and the mtes were "rusted b the Couu over time. This table does not assume that the Developer may install a water-only irrigation meter in the future which will have the affect of reducing the amount of wastewater ERCs and respective impact fees due. As of the date of this letter, it is our understaoding that the Developer has not installed the irrigation meter. To the extent that the water-only meter is installed in the future, the County will give the Developer consideration as to the change in wastewater ERCs for the overall development of the total wastewater impact fees due. District Historical Flow-based Impact Fee Analvsis During the preparation of the Agreement, the Parties discussed that the impact fees should be based on actual flows (predicated on actual meter readings) to the Property which was not addressed in the alternative impact fee calculation. Additionally, documentation submitted in support of the alternative impact fee calculation included a sununary of irrigation system repairs performed at the Property that may have resulted in water being lost due to leaks. It should be noted that the irrigation repairs are recurrent through the years and the Property did use the water; such water loss is the responsibility of the customer and not the District. As such, the County does not consider the possible water loss due to the irrigation repairs to be extraordinary. Furthermore, when establishing the level of service by the County, all water use is considered in the determination of the level of service. 4 Agenda Item No. 10A February 24. 2009 Page 220 of 462 A$ part of the review process by the District, an evaluation of the actual metered water use at the Property for the eighteen (18) month period ended August 2008 (billing period for July 2008 usage) was conducted. This analysis is shown on Exhibit 3 to this letter. As can be seen on ExhIbit 3, the average monthly metered water use is actually approximating the ERC estimate developed in the District's impact fee calculation as shown on Exhibit 1. For the past four most recent months, the implied ERCs based on i) the metered water use at the property; ii) an assumed level of service equal to 350 gallons per day per ERC, and iii) the billing days reflected in the usage cycle result in a ERe value of 61.3 ERCs on a peak monthly use basis and 54.9 ERCs on an average monthly usage period. Furthermore, the ERC value based on the peak month use during the review period as shown on Exhibit 3 was 63.8 ERCs which essentially equates to the amount reflected on the District's initial impact fee calculation as shown on Exhibit 1. As evidenced by the most recent actual water sales as registered by metering at the premise, the Property is requiring the capacity (demand) that the District calculated for. the Property as part of the impact fee calculation. This further supports that the Developer's alternative impact fee calculation as received by the District is not accurate and therefore is not being considered by the District. District Conclusion and Recommendation Based on the information submitted in the alternative impact fee calculation, the District review and analysis as presented herein, the actual demands being experienced by the Property, and the estimated use of the Property as reflected on the permits for which the fees were initially based, the District has identified three alternatives for consideration by the Developer. These three alternatives include: 1. Recognize that the demand and the associated impact fee liability of the Developer are based on 64.1 ERCs as initially calculated by the District as shown on Exhibit 1. 2. Recognize that the initial demand and the associated impact fee liability of the developer are 54.9 ERCs which will be subject to adjustment in accordance with the terms ofitem 14 of the Agreement. 3. The Developer does not agree with the District staff and shall exercise it rights under item 11 of the Agreement by filing a written appeal petition with the Board of County Commissioners not less than thirty (30) days after documented receipt of this letter. Recognizing the above and in order to close this issue relative to the impact fee liability of the Developer, the District staff offers the following as it pertains to alternative 2 (listed above): l. The initial ERCs established for the property is 54.9 ERCs which will be reviewed every 6 months for a two year period beginning with bills rendered in October 2008 which is consistent with the terms of item 14 of the Agreement. To the extent that the actual demand for the Property in two consecutive months (calculated as follows: [((metered water use divided by number of days in billing cycle) divided by 350 gpd 5 - Agenda Item No, 10A February 24. 2009 Page 221 of 462 per ERC) = Implied ERCs for Property] exceeds 54.9 ERCs, the Developer will be responsible to pay impact fees on the number ofERCs above such amount. The new ERC value will then serve as the established ERCs during the remainder of the two year review period. 2. The Developer shall have an immediate remaining liability due to the County for unpaid impact fees of$192,112.09 which is calculated as follows: Total Initial ERCs r Coun Avera elm actFee rERC Total Amount Due to Coun Water Wastewater Totals 54.9 54.9 $2695.10 $3,016.96 $313,592.09 21.8 21.8 8 .00 Amount Pafd Deveio er Total ERC. Amount Paid Net Amount Due Count [1] Amounts shown reflect average impact fee calculated for the determination of Ibe Developer liability by the County as shown on Exhibit 1 and was used since under the actual flow based approach, DO assignment to the ERe. per a building pennit can be made reference Exhibit] . The District will allow the Developer to pay the net amount due to the COWlty in equal installments over a 24 month period or $8,004.67 per month (with the last month adjusted for any roWlding issues in collection). The District will not charge an interest cost to carry the liability but to the extent the monthly payment is overdue, the County may charge late payment fees (amount equivalent to the rate charged to its water and wastewater customers as set by policy) and may advance the full payment of the liability. Any impact fees due as a result of increased demands experienced by the Property (i.e., in excess of the 54.9 ERCs) will be due and payable within 30 days of notification by the County to the Developer. 3. To the extent tha! the Developer installs the irrigation meter which has been agreed by the Parties to equate to 6.1 ERCs, the District will credit the Developer $18,403.46 (6.1 ERCs multiplied by $3,016.96) for the change in service and adjust the remaining amount of the wastewater impact fee installment payments to recognize such credit. If the Developer installs the water-only meter after the two year evaluation period, no credit will be recognized by the District. 4. The Developer will acknowledge in writing to the County Manager of acceptance of the liability and terms of payment within thirty (30) days of receipt of this letter or it may petition to the Board of County Commissioners as provided in the Agreement. 6 Agenda Item No, 10A February 24. 2009 Page 222 of 462 Swnmarv In summary, District staff does not accept the calculation as provided in the Developer's alternative impact fee calculation and frods that $107,526 in water impact fees and $121,714.50 in wastewater impact are immediately due and payable to the District. District staff also will accept an installment based impact fee payment approach to assist the Developer with the payment of the outstanding impact fee liability. Finally, District staff agrees that the Agreement between the Parties will remain in effect for the next two (2) years in order to validate flows and the overall impact fee liability. District Staff appreciates all the efforts of the Developer with respect to the development and submittal of the alternlltive impact fee calculation and trust that you will agree with District staff assessment. Of course, selection and enactment of any of the three alternative courses of resolution will require Board of County Commissioner approval. If you need any additional information from us or have any questions with regard to our review, analyses, or conclusions, please do not hesitate to give me a call. Very truly yours, Collier County Water-Sewer District 1?~ Thomas G. Wides Operations Director, Public Utilities Cc: JeffKlatzkow, County Attorney Jennifer Belpedio, Assistant County Attorney Jim Delony, Public Utilities Administrator Jim Mudd, County Manager Gilbert Moncivaiz, Operations Analyst Amia Curry, Interim Manager Operations Support Attachments: Exhibit 1 - Tamiami Square Development Spreadsheet Exhibit 2 - Unpaid Water and Wastewater Impact Fees Exhibit 3 - Hi.storical Data Letter from Public Resources Management Group, Inc. (pRMG) /."'~. 7 88ggS OOQO..r ;:: ~ ~ .~ nH~ - 01 8 ci 8 88888 88 8g8 88 8g8 ci "~"18 ON ci~o tic ""~ ~.. :il " ~ ;; " ~ .. '- g ~ 00 8 , , ~~ nf~ ~ g~ '\:i ~ "l. .ll.s .. ~ ~ ~~ I:l '" ......""..... "'''' ",,,, '" "'''.. 8 g 00 8 , ~~ ~llp! I~ m ~~ '" ~ -;;l!. "' ~ ~ 3:.sIl.G. ~ ~ ~t-: ,.: ~ '" -"".,.,.......,. " '" ",,,,.. ..'" .... - 8 ggggg 88 goo gg Hu . ~~ " ggggJi ~~ :q~~ ~~ ~ N_ ~ 0000... --~ ~~ C'i~rinfTJ " nriri "'" '" ............ 0... _...... .... -liIl\- 0 88888 88 800 00 -I !l 0 00 00 ~.s~.l! ~ "~"gci gg gg:'! ~~ ~ $W:e I~~ ~~.. .... N NN " "" .. ..............,. .. ....'" "'.. " E j i~ ~ ~ olI . , :;:!: ~~ ~~ " Agenda Item NO.1 OA February 24. 2009 Page 223 of 462 .-- N .... :c :c >< w ... 2:l <0 ;: tlO , 1 , I . I..' .! ,1 J i" Ifl. ~. . ~'. I, _. l: ..' I I" "'. "' .' - ! j I ~,.I ..j i , i , Ii ....',.1' '. .'~ ~ .' . .\.i ." T i.:J r '-,', i . ..:i ....j '. I 1 i ! i " , < ." .1 .1 .... QJ .... '" ;: b.O. C-c .~ ';C o a. ..c C Vl QJ ~hnn !mm ~i!'Un ,,~;~.. . II~.'.. . G~ . . ~ .. ..1 i\. , ,,~. . . HI; . ..-.,11..... ;-- . '''.,,', ! . , Agenda Item No. 10A February 24, 2009 Page 224 of 462 . '~-.., I ! Agenda Item No. 10A February 24, 2009 Page 225 of 462 Exhibit 3 Tamiami Square of Naples, LLC Account # 04046017600 Meter Days ERCs Payable Read In based on Period Month Of: Year Water Usaae (thousands) Date Cvcle Actual Davs 94 August 2008 549 8/5/2008 29 54.1 93 July 2008 541 7f712008 33 46.8 92 June 2008 674 61412008 33 58.4 91 May 2008 601 5/212008 28 61.3 90 April 2008 560 4/412008 29 55.2 89 March 2008 382 3/612008 30 36.4 88 February 2008 413 2/512006 32 36.9 87 January 2008 7<11 1/412006 35' ~.l!l 88 December 2007 374 1113012007 29 36.8 85 November 2007 223 111112007 26 22.6 84 October 2007 244 10/4/2007 28 24.9 83 September 2007 239 9/6/2007 31 22.0 82 August 2007 292 8/6/2007 31 26.9 81 July 2007 365 7/612007 30 36.7 80 June 2007 312 616/2007 33 27.0 79 May 2007 423 5/4/2007 29 41.7 78 April 2007 420 4/5/2007 30 40.0 n March 2007 549 3/6/2007 29 54.1 2/5/2007 Number of Periods 18 I Monthly Average (All) 442 I Average ERCs (All) 41.6 I Last Four Month Average 591 I Four Month Average ERCs 54.9 I Peak Volume I 781 I ~JI..~.I!.Jl~ Agenda Item No. 10A February 24, 2009 Page 226 of 462 m Public Resources Management Group, Inc. Utilil)', Rate, F;nancia/ and Management Consu/tant.. August 26, 2008 Mr. Thomas G. Wides Operations Support Director, Public Utilities Collier County Government 3301 E. Tamiami Trail, Suite H3 Naples, FL 341\ 2 Subject: Alternative Impact Fee Application Dear Torn: As we discussed, the Collier County Water-Sewer District (the "District") has received an alternative impact fee calculation from Tamiami Square of Naples, LLC (the "Developer") which is requesting a reduction in the water and wastewater impact fees that were imposed by the District on the property referred to as Tamiami Square. It is my understanding that Tamiami Square is a commercial customer serviced by one master meter at the property and will be receiving both potable water and wastewater service. As you know, the District's Impact Fees are applied to a commercial customer based on the estimated equivalent residential connections (ERC) that a specific property may be determined to include. An ERC is a unit of measure which links capacity to a given property (with individually metered residential service being equal to I ERC and is generally the smallest customer from a capacity allocation standpoint) which is based on a level of service equal to 350 gallons per day for water capacity and 250 gallons per day for wastewater capacity. It should be noted that this is a daily capacity allocation and not one based on an average use experienced over a period of time such as a year. Furthermore, this capacity allocation is based on the allocation of finished water produced and wastewater treated at the respective plant facilities and therefore is not based on retail use metered at the customer premise (there is an allowance for water loss as part of the normal delivery of water and normal inflow and infiltration for the collection of wastewater). The District's allocation of capacity to all commercial customers is an ERC based approach predicated on the flow (capacity) required of the property (essentially a "flow-based" allocation) which we believe to be proper in the reservation of capacity by a specific property or customer. By using this fee detennination methodology, the District does recognize customer diversity in the establishment of the level of impact fees to be charged to a property to promote the fairness provisions (rational nexus) in the application of the impact fees. K:\DM\1125.l6\Melcr Eq.uiv La Final.doc 341 NORTH MAITLAND AVc'NUE- SUITE 300 -. MAITLAND, FL 32751 TELEPHONE: (407) 628-2600. FAX: (407)628-2610. EMid!..: PRMG@PRMGinc.com Agenda Item NO.1 OA February 24, 2009 Page 227 of 462 Mr. Thomas G. Wides Collier County Government August 26, 2008 Page 2 In the alternative impact fee calculation as submitted by the Developer, a primary assumption as to why a lower impact fee should be charged to the property is that it should have heen based on the "meter equivalent" approach as opposed to a flow-based approach currently used by the District. The meter equivalent approach is a method that weights the meter capacity by the maximum flow that the meter is capable of measuring to a 5/8-inch meter (i.e., the maximum capacity for a 5/8-inch meter is 20 gallons per minute as referenced in A WW A Manual M6 and considered as a factor of 1.0; the other meters are expressed as a multiple of this usage value based on meter size). The alternative impact fee calculation recognized this method of fee determination under the premise that "numerous cities, counties and FPSC regulated entities utilize FPSC/AWWNFAC/F.S. Section 25-30.055 and related sections for large service areas ..." in the detennination of impact fees to be charged to a property. Although many cities and counties use meter equivalent factors for the detennination of commercial property impact fees, the assertion that this is the correct method and therefore the only method to use is simply not true. With respect to the application of impact fees based on the flow or service attributes of a commercial customer, many cities, counties and other public utilities use a flow or attribute- based approach in the determination of the impact fee (attribute would be a specific component of the development such as seats in a restaurant that has a daily capacity based on flow assigned to it). The reason that these utilities use this approach is to accurately recover the cost of providing service based on the capacity requirements specific to the customer. The meter is simply used to measure daily flow and must be sized to accurately measure the flow from the property; however to say that all commercial customers have the same capacity requirement because of the meter size being the same between such customers is not correct. Simply put, a restaurant served by a 5/8-inch meter generally would have a significantly higher demand than a real estate office served by the same meter size. Additionally, it is rare that a customer would use 100% of the maximum meter capacity and that a customer's load factor is generally less than this. The District has recognized this; for a maximum flow rate of a 5/8-inch meter at 20 gallons per minute, the daily flow would be 28,800 gallons per day yet the approved ERC value of the District is 350 gallons per day which is my understanding is a common level of service used by the industry in Florida. There are several public utilities that use an ERe-based or flow-based approach in the determination of the impact fees and based on my experience, more are moving towards this direction due to the diversity in use experienced by the commercial class and the need to accurately recover cost. Although it is administratively easier to calculate an impact fee using meter equivalents, public utilities realize the financial benefits of calculating the commercial impact fees based on flow (or similar attribute) in order to fully recover capital costs allocable to new growth. A survey of public utilities that use a flow based approach is shown on Attachment I to this letter (this does not imply that these are the only utilities using the flow-based approach, K:\DM\I 125-16\Meter :E.quiv Ltr Final.dllc I Agenda Item No. 10A February 24, 2009 Page 228 of 462 Mr. Thomas G. Wides Collier County Government August 26, 2008 Page 3 it is simply a survey). As can be seen, there are many utilities that use the ERC-based or flow- based approach in the determination of the impact fees due from a commercial property. Additionally, the reference in the Developer's alternative impact fee calculation with respect to the FPSC using the meter based approach in our opinion is not entirely accurate. Our experience is that for general service (commercial) use, the plant capacity fees (term used by private utilities; equivalent to an impact fee) imposed by private utilities is expressed in the rate tariff on a cost per gallon basis which implies a flow based application. Based on a review of private utility rate tariffs regulated by the FPSC that are available to us and discussions with others in the industry, the following private utilities imposed a plant capacity fee based on a "per gallon of demand" basis for the general service class: . North Fort Myers Utility, Inc. Aloha Utilities, Inc. North Sumter Utility Company, Inc. Little Sumter Utility Company, Inc. (prior to acquisition) Florida Water Services Corporation, Inc. (approximately 150 systems; prior to acquisition) Utilities, lnc.(approximately 40 systems) . . . ~ In the alternative impact fee calculation submitted by the Developer, reference was also made to Florida Statutes, Section 25-30.055 with respect to private utilities. This reference provided a summary of the determination of ERCs for non-residential use and listed the meter equivalent factors assumed in the alternative fee calculation. It should be noted that this rule is associated with a capacity or proposed capacity, to serve 100 or fewer persons, which clearly does not relate to the County. Notwithstanding this service provision, the rule provides that unless the FPSC determines that valid local statistical data should be used, then the meter equivalent filctors should be used. Based on my knowledge of the industry, the private utilities generally use local statistical data in the development of the plant capacity fees and for the general service class such fees apply to new customers on a flow basis. This is further evidenced by the flow-based fees being reflected in the respective company's rate tariff which have been approved by the FPSC. Finally, the alternative impact fee calculation submitted by the Developer also includes a reference to Public Resources Management Group, Inc. (pRMG) that the alternative method is consistent with the findings reflected in a recent PRMG report regarding the development of impact fees (I assume that this links to the recommendations for the use of the meter equivalency based impact fee since the PRMG report was appended to the calculation). There is no reference to the use of meter equivalents as the basis for fee determination in the report. In fact the fee was based on the total applicable capital costs and the total available flow (and the corresponding ERCs) allocable to growth based on the District's adopted level of service (i.e., flow) allocable to ,..- K:\DM\112S-J6\Mfller EqllivLtr Find.doe Agenda Item NO.1 OA February 24, 2009 Page 229 of 462 Mr. Thomas G. Wides Collier County Government August 26, 2008 Page 4 growth. The only reference to meters in the report deals with the fact that an ERC is equivalent to the daily use of a typical individually metered residential customer which is generally the lowest level of use in the determ ination of the flow requirements included in the definition of an ERC; it has absolutely nothing to do with the application of an impact fee based on meter equivalents. In summary, we believe the District's approach to calculating an impact fee for a commercial customer based on flow which links to the District's adopted level of service. is prudent, is reflective of the practices in the industry, and provides for the full recovery of expansion-related costs of the District. We do not agree with the use of meter equivalents as the basis for the determination of the impact fee to be applied to the Developer's property since it is not consistent with the County's ordinances and is not consistent with the demand requirements being imposed by the Developer's property. If you have any questions or comments relative to our opinion or need further clarification, please do not hesitate to give me a call. Very truly yours, Public Resources Management Groap, Inc. ;f~-1 cO~, Robert J. Ori President RJOI skc Attachments K:\DM\112S.16\Meter Equiv Ltr FinaLdoe I Agenda Item No. 10A February 24, 2009 Page 230 of 462 Attachment 1 Collier County, Florida Sample of Florida Utilities - Commercial Impact Fee with Flow Based APplication Methodolol!V Line No. Utility Impact Fee Application Methodology [1] [2J Fixture Unit Based Attributes Based I Flow Based Dependent on Property Use Attributes Based Attributes Based Flow Based Fixture Unit Based Attributes Based Flow Based Flow Based Flow Based Flow Based 2" or Greater, Flow Based Attributes Based Fiow Based Fixture Unit Based Attributes Based 2" or Greater, Flow Based Attributes Based Fixture Unit Based Attributes Based Fixture Unit Based Fixture Unit Based Attributes Based Attributes Based Attributes Based Attributes Based Attributes Based Attributes Based Attributes Based Attributes Based Attributes Based Attributes Based Footnotes: [I] Attributes Based - Impact fee based on particular attributes of customer (e.g., seats in restaurant) which an ERC or flow factor per attribute is applied. [2] Flow Based - Impact fee based on flow calculated for property as generally identified during the permitting process. I 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 City of Bartow Brevard County Broward County Charlotte County JEA Florida Keys Aqueduct Authority Fort Pierce Utilities Authority City of Haines City Hernando County Hillsborough County Indian River County Town of Jupiter City of Lake Worth City of Lakeland Marion County Martin County City of Melbourne Miami-Dade County City of North port City of Oca1a City of Oldsmar City of Panama City Beach Polk County City of Port St. Lucie Sarasota County Seminole County St Lucie County Sf. Lucie West Services District City of Stuart City of Sunrise Tohopekoliga Water Authority City of Winter Springs Agenda Item No. 10A February 24. 2009 Page 231 of 462 EXHIBIT "E" Ii Agenda Item No. 10A gaiS~~~~. July 23, 2008 GAl Proj. # A080376.00 Douglas A. Lewis, Esquire Roetzel & Andress, P.A. 850 Park Shore Drive Trianon Centre - 3rd Floor Naples, FL 34103 Re: Tamiami Square - Collier County Water and Sewer Facilities Proposed Alternative Fee Calculation Methodology Dear Mr. Lewis: In accordance with the "Agreement Regarding Alternative Impact Fee Calculation" (May 2008), Appendix H ''Water and Sewer Facilities Proposed Alternate Fee Calculation Methodology" (June 2001), and the pre-application meeting (May 2008); this letter with its Exhibits and Attachments represents the "Study Report" certified by a Florida Professional Engineer qualified in this area of work for consideration by Collier County Utilities Department Impact Fee Coordinator. Attachment A provides Appendix H. Attachment B presents clearly the 1.) Level of Service (LOS) standards for water at 350 gallons per day annual average daily flow per Equivalent Residential Connection (ERC) and the water peaking factor of 1.2, 2.) the LOS for wastewater at 250 gallons per day annual average daily flow (AADF) per ERC and the wastewater peaking factor of 1.3, the basis of determining the respective impact fee for water or the sewer system as well as other items. Attachment C provides the older County Ordinance Nos. 2007-52, 2007-57 and and latest Resolution 2008-200 and Article VI. for the Water-Sewer District Uniform Billing which establishes 1.) the level of the impact fees at $3,575 per ERC for water and $3,495 per ERG for wastewater, 2.) that the subject property is a non-residential use, and 3.) that a unit within the subject property is at one ERC each. Attachment D shows site photos which clearly show that 1.) there is only one lift station on-site such that run time analysis is appropriate and includes all flows, 2.) the major building construction was recently completed by 5/12/08 the date the photographs were taken, 3.) the irrigation system is connected and that landscaping is still underway and irrigation to assure plant/sod survival was practiced, and 4.) the repairs to the water system were completed. Orlando Office 301 E. Pine Street, Suite 1020 Orlando, Florida 32801 T 407.423.8398 F 407.843.1070 www.gaiconsultants.com Agenda Item No. 10A February 24,2009 Page 233 of 462 Douglas A. Lewis, Esquire July 23, 2008 Page 2 Attachment E documents the responsiveness of the developer to the County's request for information. Attachment F provides excerpts which document the practice of using units when within the ERC LOS, which Tamiami Square is, as an Alternate Method Impact of Fee Calculation for commercial properties. Attachment G provides excerpts from M1 (Manual of Practice) AWWA again confirming the methodology. Attachment H summarizes key points in the pre-application meeting. The County's rejection of FPSC meter equivalencies. This attachment includes the County's offer which was accepted in May and pending approval of this Study/Report payment will be made for the two (2) two-inch water irriqation meters at 6.1 ERCs (water only) and the tap-in cost (3/31/08 County ietter). The Developer has agreed and paid or will be paid by time of C.O. some 27.3 ERCs for both water and wastewater. Attachment H page 2 of 3 and the attachments thereto which drawings show the buildout of the site in the three (3) phases including some 32 units. A unit in Phase 1 was approximately an estimated average of 1,900 ff, in Phase 2 similarly approximately 1,950 ft2 and Phase 3 approximately 1,200 W. These sized units are consistent with the PRMG Study of 2006 and the County Ordinance of 2007 for one (1) ERC each. Page 3 of 3 of Attachment H provides that after the separation of the irrigation system from the potable system which the developer has agreed to do, that the agreed audit/two (2) year study between the County and Developer wouid thereafter for potable (non-irrigation) water and sewage AADF of 11,200 gpd and 8,000 gpd, respectively. The two (2) month average peak would be 13,440 gpd for water and 10,400 gpd for sewage. Using the Unit Count Method (number of units in the structure) for which the unit sizing is consistent with one ERC each results in 32 units and ERCs. The items listed below summarize the Professional Engineer's findings following receipt of comments from those attending the pre-application meeting: 1. Vested Flow Rates for Study/Audit @ 32 ERCs (Potable Only) Water and Wastewater a.) Water LOS 350 gpd AADF (i) Annual Average Daily Flow through potable (non irrigation meters) = 32 x 350 gpd AADF or 11,200 gpd (ii) 2 month peak factor (see page 29 Table 1 PRMG 40.00 + 33.33 = 1.2 gai consultants tr~nsforming ideas into reality@ Ii Agenda Item No, 10A February 24, 2009 Page 234 of 462 Douglas A. Lewis, Esquire July 23, 2008 Page 3 (iii) 2 month audit use on average day of that period limit is 11,200 gpd x 1.2 or 13,440 gpd for test period. b.) Wastewater LOS 250 gpd MDF (i) Annual Average (12 month period) Daily Flow = 32 x 250 = 8,000 gpd MDF (Ii) 2 month peak factor (see page 32 Table 2 PRMG) 40.100 + 30.846 = 1.3 (iii) 2 month audit of use on average day for that period is 8,000 gpd x 1.3 or 10,400 gpd. 2. Proposed Additional Payments a.) Irrigation meters 3/3/1/08 (i) Tapping fee (Ii) ERCs irrigation $ 1,140.00 $22,060.59 b.) Water potable service) impact fees - unit count (i) 4.7 ERCs x $3,575 $16,803.00 c.) Wastewater impact fees - unit count (i) 4.7 ERCs x $3,495 $16,427.00 $56.430.59 Total Amount Due (following approvai) 3. Consensus of Follow-up (followinQ pre-application meetinQ) a.) Answer questions and requests for information by County. This activity is complete. b.) Submit alternative methodology signed and sealed by engineer. This letter report and attachments satisfies this final item. Typically, Alternative Methodologies, if possible, are documented by the historical record. Table 1 presents the sewage flow records for Tamiami Square for 2007 for the occupied 18 units on average for the year. On an annual average basis the actual flows and the paid units and the occupied units correlate exactly. On a peaking basis the correlation is within 6.1 % (six point one percent) which following the manual of practice for the smaller demand center of Tamiami Square versus the entire Collier County wastewater system is expected and appropriate (size/population peaking factor adjustments pursuant to FDEP, 10-States Standards and WEF MOPs). I conclude and have verified that the unit count method is valid and approximately applied. tj gai consultants tri:lnsformli"\g ideas into realitYID Agenda Item No. 10A February 24,2009 Page 235 of 462 Douglas A. Lewis, Esquire July 23, 2008 Page 4 Table 1 is supported by Exhibit A. Table 2 documents the repairs to the integrated irrigation and potable water system in 2007. Site photographs illustrate the new landscaping needs in 2007. Site development records illustrate that major construction of structures occurred in 2007. Since May of 2008, the amount of irrigation and conservation practices in the commercial establishments were emphasized. Although both the irrigation and potable use were integrated at the customer side of the meters (both types of flow through the meters) and therefore irrigation and repairs to that system would skew the historical record; the same documentation analysis was conducted. Table 3 presents the combined water flow through the meters. AWWA guideiines state that where major breaks have occurred that data is not re-occurring and therefore shouid be excluded from the analysis. Considering the occupancy of 18 units and the County 6.1 ERCs for irrigation a conservative weighted average of 24.1 ERCs is obtained. The skewed data (as a result of sod establishment, construction, minor breaks, irrigation use) results is a comparable 30.8 ERCs AADF. The correlation is within AWWA standards to the 24.1 ERCs. Nonetheless, it is the metered data as shown on Exhibit B supporting Table 3, which confirms the agreed two year audit and true-up. As a Florida Professional Engineer qualified and accepted in Civil Court mediation and FPSC expert testimony for such cases/proceedings and due to my over 30 years experience, training, and practice in Florida on many such impact fee matters (see Attachment I), I do hereby certify and conclude that the Alternative Methodology as the unit count method is appropriate for the Tamiami Square project taken in conjunction with the reasonable assurance from an agreed two (2) year Study/Audit of the use. Very truly yours, GAl Consultants, Inc. 301 E Pine St., Suite 102 Orlando, FL 3 Engineer' r GCH/jevl AOB0376 ,OO/Reports/R.1 Cvr ttr gai consultants tran$forming ideas Into reality!!> Ii ---.-- ---.. .--.__. .-.- .--.-- -~-- - . -.- -- Agenda Item No. 10A February 24, 2009 Page 236 of 462 Table 1 Tamiami Square 2007 Data Run Times. Sewage Flow Actual Use Date Flow Days ADF/Month 1/07 192825 31 6,220 gpd 2/07 164346 28 5,870 gpd 3/07 188906 ~ 31 6,094 gpd 4/07 144349 + 30 4,812 gpd 5/07 118168 + 31 3,812 gpd 6/07 110295 30 3,677 gpd 7/07 101769 31 3,283 gpd 8/07 93103 ~ 31 3,003 gpd 9/07 103676 30 3,456 gpd 10/07 130074 31 4,196 gpd 11/07 139200 + 30 4,640 gpd 12/07 139833 + 31 4,511 gpd Omax Mo. = 6,220 gpd + (250 x 1.3) = 19.0 ERGs (1) o AADF 1,626,544 + 365 + 250 = 18 ERGs o Good correlation of omax month @ 19.1 ERGs, oaadf @ 18 ERGs and occupancy @ 18 units or ERGs as averaged for period. o Note 32 ERGs to be purchased (1) 1.3 peak factor for sewage fior per PRMG 2007 report - impact fees P:IORL IHCDlW ord Proc\2008IA080376.00IReportIR-1 I Tables.xlsx Agenda Item No. 10A February 24, 2009 Page 237 of 462 Exhibit A Actual Sewage Flows 2007 Agenda Item No. 10A February 24, 2009 Page 238 of 462 TAMIAMI SQUARE MONTH: January 2007 Flow per Min/Hr DATE TIME PUMP #1 HRS. RUN PUMP #2 HRS. RUN MAINTENANCE 31 0.7 0,6 30 0.7 0.6 29 0901 719.7 0.7 173.6 0.6 28 0.5 0.6 27 0.5 0.6 26 0.5 0.6 25 1356 717.7 0.5 171.4 0.6 24 0.6 0.6 23 0.6 0.6 22 0957 715.9 0.6 169.5 0.6 21 0.6 0.6 20 0.6 0.6 19 0.6 0.6 18 1127 713.5 0.6 167.1 0.6 17 0.5 0.4 16 0.5 0.4 15 0938 712.0 0.5 165.9 0.4 14 0.5 0.6 13 0.5 0.6 12 0.5 0.6 11 1021 709.9 0.5 163.5 0.6 10 0.4 0.5 9 0.4 0.5 8 1112 708.7 0.4 162.0 0.5 7 0.6 0.6 6 0.6 0.6 5 0.6 0.6 4 0857 706.2 0.6 159.6 0.6 3 0.5 0.5 2 1214 705.2 0.5 158.6 0.5 1 0.6 0.6 total flow for month 17.4 93959.46 192825.06 17.2 98865.6 Agenda Item NO.1 OA February 24, 2009 Page 239 of 462 TAMIAMI SQUARE MONTH: February 2007 Flow per Min/Hr DATE TIME PUMP #1 HRS. RUN PUMP #2 HRS. RUN MAINTENANCE 31 30 29 28 0.6 0.6 27 0.6 0.6 26 0941 734.5 0.6 188.6 0.6 25 0.5 0.5 24 0.5 0.5 23 0.5 0.5 22 1120 732.5 0.5 186.6 0.5 21 0,5 0.5 20 0,5 0.5 19 0920 731,0 0.5 185.1 0.5 18 0,5 0.6 17 0,5 0.6 16 0.5 0.6 15 0938 729.0 0,5 182.7 0.6 14 0.6 0.5 13 0,6 0.5 12 0938 727.2 0.6 181.2 0.5 11 0,5 0,5 10 0.5 0.5 9 0.5 0,5 8 1135 725,2 0.5 179.2 0.5 7 0,6 0,6 6 0.6 0.6 5 1134 723.4 0.6 177.4 0,6 4 04 0,5 3 04 0.5 2 0.4 0,5 1 1013 721.8 04 1754 0,5 14.5 83346 15 81000 164346 total flow for month Agenda Item No. 10A February 24,2009 Page 240 of 462 TAMIAMI SQUARE MONTH: MARCH 2007 Flow per Min/Hr DATE TIME PUMP #1 HRS.RUN PUMP #2 HRS.RUN MAINTENANCE 31 0.4 0.5 30 0.4 0.5 29 0309 751.9 0.4 206.0 0.5 28 0.5 0.5 27 0.5 0.5 26 0922 750.4 0.5 204.5 0.5 25 0.6 0.6 24 0,6 0.6 23 0.6 0.6 22 0912 748.0 0.6 202.1 0.6 21 0.5 0.5 20 0.5 0.5 19 1248 746.5 0.5 200.6 0.5 18 0.6 0.6 17 0.6 0.6 16 0.6 0.6 15 0927 744.1 0,6 198.2 0,6 14 0,5 0,5 13 0.5 0.5 12 1043 742.6 0,5 196.7 0.5 11 0,6 0.6 10 0.6 0.6 9 0.6 0.6 8 0945 740.2 0,6 194.3 0.6 7 0.5 0.5 6 0.5 0.5 5 0938 738.7 0.5 192.8 0.5 4 0.6 0.6 3 0.6 0.6 2 0.6 0,6 1 1111 736.3 0,6 190.4 0.6 16.8 96566.4 17.1 92340 188906.4 total flow for month Agenda Item No. 10A February 24, 2009 Page 241 of 462 TAMIAMI SQUARE MONTH: APRIL 2007 Flow per Min/Hr DATE TIME PUMP #1 HRS. RUN PUMP #2 HRS.RUN MAINTENANCE 31 3D 0909 765.8 0.2 220.4 0.1 29 0.4 0.4 28 0.4 0.4 27 0.4 0.4 26 0917 764.2 0.4 218.8 0.4 25 0.3 0.3 24 . 0.3 0.3 23 1428 763.3 0.3 217.9 0.3 22 0.6 0.6 21 0.6 06 20 0.6 0.6 19 1030 760.9 0.6 215.5 0.6 18 0.4 0.5 17 0.4 0.5 16 1127 759.7 0.4 214.0 0.5 15 0.4 0.4 14 0.4 0.4 13 04 0.4 12 1021 758.2 0.4 212.4 0.4 11 0.4 0.4 10 0.4 0.4 9 1057 757.0 0.4 211.2 0.4 8 0.5 0.5 7 0.5 0.5 6 0.5 0.5 5 0920 755.0 0.5 209.2 0.5 4 0.5 0.4 3 0.5 0.4 2 1226 753.5 0.5 208.0 0.4 1 0.4 05 12.9 74149.2 total flow for month 13 70200 144349.2 Agenda Item No. 10A February 24, 2009 Page 242 of 462 TAMIAMI SQUARE MONTH: MAY 2007 Flow per Min/Hr DATE TIME PUMP #1 HRS. RUN PUMP #2 HRS.RUN MAINTENANCE 31 0936 776.8 0.4 231.7 0.4 30 0.4 0.5 29 1021 776.0 0.4 230.7 0.5 28 0.3 0.3 27 0.3 0.3 26 0.3 0.3 25 0.3 0.3 24 1224 774.5 0.3 229.2 0.3 23 0.3 0.3 22 0.3 0.3 21 1046 773.6 0.3 228.3 0.3 20 0.4 0.4 19 0.4 0.4 18 0.4 0.4 17 1117 772.0 0.4 226.7 0.4 16 0.3 0.3 15 0.3 0.3 14 1130 771.1 0.3 225.8 0.3 13 0.4 0.4 12 0.4 0.4 11 0.4 0.4 10 1130 769.5 0.4 224.2 0.4 9 0.4 0.3 8 0.4 0.3 7 1110 768.4 0.4 223.3 0.3 6 0.3 0.4 5 0.3 0.4 4 0.3 0.4 3 1025 767.2 0.3 221.7 0.4 2 0.3 0.1 1 0.3 0.1 10.5998 60927.6504 total flow for month 10.6 57240 118167.6504 Agenda Item NO.1 OA February 24. 2009 Page 243 of 462 TAMIAMI SQUARE MONTH: JUNE 2007 Flow per Min/Hr DATE TIME PUMP #1 HRS.RUN PUMP #2 HRS.RUN MAINTENANCE 31 30 0.3 0.4 29 0.3 0.4 28 1249 786.0 0.3 241.0 0.4 27 0.3 0.3 26 0.3 0.3 25 1313 785.1 0.3 240.1 0.3 24 0.3 0.3 23 0.3 0.3 22 0.3 0.3 21 1258 783.9 0.3 238.9 0.3 20 0.4 0.4 19 0.4 0.4 18 1057 782.7 0.4 237.7 0.4 17 0.3 0.3 16 0.3 0.3 15 0.3 0.3 14 1357 781.5 0.3 236.5 0.3 13 0.3 0.3 12 0.3 0.3 11 0908 780.6 0.3 235.6 0.3 10 0.4 0.4 9 0.4 0.4 8 0.4 0.4 7 1105 779.0 0.4 233.9 0.4 6 0.2 0.2 5 0.2 0.2 4 1107 778.4 0.2 233.3 0.2 3 0.4 0.4 2 0.4 0.4 1 0.4 0.4 9.7 55755.6 10.1 54540 110295.6 total flow for month Agenda Item No. 10A February 24, 2009 Page 244 of 462 T AMIAMI SQUARE MONTH: JULY 2007 Flow per Min/Hr DATE TIME PUMP #1 HRS. RUN PUMP #2 HRS. RUN MAINTENANCE 31 0.3 0.3 30 1116 795.3 0.3 250.6 0.3 29 0.4 0.4 28 0.4 0.4 27 0.4 0.4 26 1331 793.7 0.4 249.0 0.4 25 0.2 0.3 24 1030 793.3 0.2 248.4 0.3 23 0.3 0.2 22 0.3 0.2 21 0.3 0.2 20 0.3 0.2 19 1133 792.3 0.3 247.4 0.2 18 0.3 0.3 17 0.3 0.3 16 1254 791.4 0.3 246.5 0.3 15 0.3 0.3 14 0.3 0.3 13 0.3 0.3 12 1113 790.2 0.3 245.3 0.3 11 0.3 0.3 10 0.3 0.3 9 1126 789.3 0.3 244.4 0.3 8 0.3 0.3 7 0.3 0.3 6 0.3 0.3 5 1026 788.1 0.3 243.2 0.3 4 0.3 0.2 3 0.3 0.2 2 1154 787.2 0.3 242.6 0.2 1 0.3 0.4 9.25 53169 9 48600 101769 total flow for month Agenda Item No.1 OA February 24, 2009 Page 245 of 462 TAMIAMI SQUARE MONTH: AUGUST 2007 Flow per Min/Hr DATE TIME PUMP #1 HRS.RUN PUMP #2 HRS.RUN MAINTENANCE 31 0.3 0.3 30 0929 803.7 0.3 258.9 0.3 29 0.2 0.1 28 0.2 0.1 27 1051 803.1 0.2 258.6 0.1 26 0.3 0.3 25 0.3 0.3 24 0.3 0.3 23 1200 801.9 0.3 257.4 0.3 22 0.2 0.3 21 0.2 0.3 20 1045 801.3 0.2 256.5 0.3 19 0.3 0.3 18 0.3 0.3 17 0.3 0.3 16 1102 800.1 0.3 255.3 0.3 15 0.3 0.4 14 0.3 0.4 13 1414 799.2 0.3 254.1 0.4 12 0.3 0.2 11 0.3 0.2 10 0.3 0.2 9 1150 798.0 0.3 253.3 0.2 8 0.2 0.2 7 0.2 0.2 6 1039 797.4 0.2 252.7 0.2 5 0.3 0.3 4 0.3 0.3 3 0.3 0.3 2 1454 796.2 0.3 251.5 0.3 1 0.3 0.3 total flow for month 8.3 44820 93103.2 8.4 48283.2 Agenda Item No. 10A February 24, 2009 Page 246 of 462 TAMIAMI SQUARE MONTH: SEPTEMBER 2007 Flow per Min/Hr DATE TIME PUMP #1 HRS. RUN PUMP #2 HRS. RUN MAINTENANCE 31 30 0.3 0.3 29 0.3 0.3 28 0.3 0.3 27 1028 812.4 0.3 267.6 0.3 26 0.4 0.4 25 0.4 0.4 24 0950 811.2 0.4 266.4 0.4 23 0.3 0.3 22 0.3 0.3 21 0.3 0.3 20 0820 810.0 0.3 265.2 0.3 19 0.3 0.3 18 0.3 0.3 17 1142 809.1 0.3 264.3 0.3 16 0.3 0.3 15 0.3 0.3 14 0.3 0.3 13 0848 807.9 0.3 263.1 0.3 12 0.3 0.3 11 0.3 0.3 10 1309 807.0 0.3 262.2 0.3 9 0.3 0.3 8 0.3 0.3 7 0.3 0.3 6 1040 805.8 0.3 261.0 0.3 5 0.3 0.3 4 1226+ 805.2 0.3 260.4 0.3 3 0.3 0.3 2 0.3 0.3 1 0.3 0.3 9.3 53456.4 total flow for month 9.3 50220 103676.4 Agenda Item NO.1 OA February 24, 2009 Page 247 of 462 __.n _,~_.' TAMIAMI SQUARE MONTH: OCTOBER 2007 Flow per Min/Hr DATE TIME PUMP #1 HRS. RUN PUMP #2 HRS. RUN MAINTENANCE 31 0.5 0.5 30 0.5 0.5 29 0832 824.2 0.5 278.5 0.5 28 0.4 OA 27 0.4 0.4 26 . OA 0.4 25 1244 822.6 0.4 276.9 0.4 24 0.3 OA 23 0.3 OA 22 0902 821.7 0.3 275.7 0.4 21 0.5 OA 20 0.5 0.4 19 0.5 0.4 18 0939 819.7 0.5 274.1 0.4 17 OA 0.5 16 0.4 0.5 15 0840 818.5 0.4 272.6 0.5 14 0.3 0.3 13 0.3 0.3 12 0.3 0.3 11 0930 817.3 0.3 271.4 0.3 10 0.4 0.3 9 0.4 0.3 8 1123 816.1 0.4 270.5 0.3 7 0.4 0.4 6 0.4 OA 5 0.4 0.4 4 0917 814.5 0.4 268.9 0.4 3 0.3 0.0 2 0.3 0.0 1 1004 813.6 0.3 268.8 0.0 12.1 69550.8 11.208 60523.2 total flow for month 130074 Agenda Item No. 10A February 24,2009 Page 248 of 462 TAMIAMI SQUARE MONTH: NOVEMBER 2007 Flow per Min/Hr DATE TIME PUMP #1 HRS. RUN PUMP #2 HRS.RUN MAINTENANCE 31 30 0.4 0.4 29 1152 837.3 0.4 292.8 0.4 28 0.4 0.3 27 0.4 0.3 26 1104 836.2 0.4 291.9 0.3 25 0.3 0.4 24 0.3 0.4 23 0.3 0.4 22 0.3 0.4 21 1126 834.7 0.3 289.9 0.4 20 0.7 0.6 19 1027 833.3 0.7 288.7 0.6 18 0.5 0.5 17 0.5 0.5 16 0.5 0.5 15 0905 831.3 0.5 286.7 0.5 14 0.3 0.3 13 0.3 0.3 12 1408 830.4 0.3 285.8 0.3 11 0.5 0.5 10 0.5 0.5 9 0.5 0.5 8 1000 828.5 0.5 283.8 0.5 7 0.4 0.4 6 0.4 0.4 5 1003 827.3 0.4 282.6 0.4 4 0.4 0.4 3 0.4 0.4 2 0.4 0.4 1 1208 825.7 0.4 281.0 0.4 12.38 71160.24 total flow for month 12.6 68040 139200.24 Agenda Item No. 10A February 24, 2009 Page 249 of 462 TAMIAMI SQUARE MONTH: DECEMBER 2007 Flow per Min/Hr DATE TIME PUMP #1 HRS. RUN PUMP #2 HRS.RUN MAINTENANCE 31 0935 850.2 0.4 305.6 0.4 30 0.5 0.5 29 0.5 0.5 28 0.5 0.5 27 1207 . 848.2 0.5 303.6 0.5 . 26 0.2 0.3 25 0.2 0.3 24 0842 847.6 0.2 302.7 0.3 23 0.6 0.5 22 0.6 0.5 21 0.6 0.5 20 1156 845.2 0.6 300.7 0.5 19 0.3 0.3 18 0.3 0.3 17 0901 844.3 0.3 299.8 0.3 16 0.4 0.4 15 0.4 0.4 14 0.4 0.4 13 0954 842.7 0.4 298.2 0.4 12 0.3 0.4 11 0.3 0.4 10 0941 841.8 0.3 297.0 0.4 9 0.4 0.4 8 0.4 0.4 7 0.4 0.4 6 0819 840.2 0.4 295.4 0.4 5 0.4 0.4 4 0.4 0.4 3 1249 838.9 0.4 294.2 0.4 2 0.4 0.4 1 0.4 0.4 12.49 71792.52 total flow for month 12.6 68040 139832.52 Agenda Item No. 10A February 24, 2009 Page 250 of 462 Table 2 Tamiami Square Irrigation Repairs 2005 12/15/2004 Zone had 4 & 5 crushed valves. 2006 3/23/2006 By entrance - there was a 3" main line break. 5/11/2006 South exit - there were 4 rotors and 6 mist heads that had been run over, 11/29/2006 Zone 2 - the valve was stuck on. Replaced solenoid. 12/28/2006 Zones 1 & 3 - crushed 2" valve. 2007 1/18/20073" main line separated. 2/3/2007 Zone 4 - cut 1-1/4 pipe to irrigation rotors. 317/2007 Cement truck ran over 8 heads. 7/3/2007 Crack in line due to construction digging. 11/13/2007 Main ine break due to electrical work. 12/15/2007 Zone 1 - 2" main line break. Also, 4" main line break (system ran for 9 hours). 200B 3/5/2008 Repaired line and pressured it up to check for leaks. Agenda Item NO.1 OA February 24, 2009 Page 251 of 462 Table 3 Tamiami Square Irrigation and Potable Use Combined 2007 Period Flow (1 ,OOO) Days ADF/Month 1/05/07 -2/5/07 652 + . 31 21,030 2/5/07-3/6/07 549 + 29 18,930 3/6/07 -4/5/07 420 + 30 14,000 4/5/07-5/4/07 423 + 30 14,100 5/4/07-6/6/07 312 32 9.750 6/6/07-7/6/07 385 + 30 12,830 7/6/07-8/6/07 292 + 31 9,420 8/6/07-9/6/07 249 + 31 8,030 9/6/07-10/4/07 244 + 30 8,710 10/4/07-11/1/07 223 + 28 7,960 11/1/07-11/30/07 374 29 12,900 11/30/07-1/4/08 781 + 34 22,970 4,904 13,440 Q MDF = 2,922 kgal + 271 + 350 = 30.8(2) ERCs Q MDF = 13,440 + 350 = 38(1) ERCs Q 2 MMO=39,960 + (350 x 1.2(3) X 2) = 47.6 ERCs Q 2 MMO = 28,100 + (350 X 1.2(3) x 2) = 33.5(2) ERCs (1) (1) (1) (1) 18 ERCs Weighted Average plus .Q.J. ERCs Irrigation ERCs 24.1 ERCs Weighted Average versus 30.8 or 33.5 ERCs in period Note 4 items occurring - a.) Sod establishment b.) Construction c.) Minor breaks d.) Irrigation use Reasonable to allow 6.7 ERCs during sod, construction, damage, and irrigation use - see SFWMD provisions and FAC. Some correlation, these results drive the need for a 2 year audit Final note: Total purchased ERCs at buildout is 38.1 ERCs with 32 ERCs as potable and 6.1 ERCs as irrigation. (1) Includes major main breaks as shown in Table 2 (2) Excludes major breaks, still includes minor breaks (3) 1.2 peak factor for water flow per PRMG 2006 report P:\ORL \HCD\Word Proc\2008\AOB0376.00\Report\R-1 \ Ta bles .xls Exhibit B Metered Water Use 2007 Agenda Item No. 10A February 24, 2009 Page 252 of 462 Agenda Item No. 10A COL, < COUNTY UTILITIES BilLING ,I?F~_..,F bruary 24,2009 .0.020 MERCANTILE AvE. NAPLES. FLORIDA 3410.0 . (239) 403_2380'=-) r<l.; D' ge 253 of 462 Ul..h::Zl----J ATE BILLED T~~IAMI SQ OF N~2LES LLC 02/12/07 c/o CRIFASI MANAGt"lENT INC ACCOUNT NUMBER RATE CLASS STE 208C 04046017600 CO 2375 TAMIAMI TRL N SERVICE ADDRESS NAPLES FL 34103-4438 14700 TAMIAMI TR N ., . . ., METER NUI.r\BER CODE AMOUt~T READING DATE READING CONSUMPTION 21443635 2335 02 05/07 2506 171 21637090 74.40 02/05/07 7921 481 WA 2,928.06 SM 2,328,00 s~ : NARNING: THIS BILL BECOMES DELINQUENT IF THE TOTAL AMOUNT DUE IS NOT PAID BY 02/27/07 "AYMENTS RECEIVED AFTER THIS DATE SHALL BE SUBJECT TO PE"ALTY CHARGES AND FAILURE TO PAY BY THIS DATE ALSO SHALL l ! ,UBJECT THE PAQPE-AT'( TO SHUro;:F OF WATER SERVICE AND AUTOMATIC LIENS WITHOUT FURTHER NOTlCE. IF YOU DISPUTE THIS. : IllL O'R BELIEVE THAT IT IS INACCURATE IN ANY WAY, YOU MUST CONTACT THE COLLIER COUNTY UTILITY BILLING AND CUSTOMER SERVICE lEFT. AT (239) ~03.2JaO DURING BUSINESS HOURS (7:30 A.M. - 5:30 P.M" M-F) BEFORE THE DELINQUENT DATE. , TOTAL DUE . '. 5,256.06 SEE BACK OF BILL FOR AODITIONAL BILL INFORMATION MAKE CHECKS PAYABLE TO: COLLIER COUNTY UTILITIES BilLING (239) 403-2380 ~ DETACH HERE' ~ ACCOUNT NUlvlBER 04046017600 . ,SERVICE.ADDRESS 14700'TAMIAMI.:.TR N DATE S. IlLED t;;"II'III'III'Hiol";" 02/12/07 _ 02/27/07! . WALDUE 5,256.061 TAMIAMI SQ OF NAPLES LLC C/O CRIFASI ~~AG;mNT INC STE 208C 2375 T~j1I~~I TRL N NAPLES FL 34103-4438 11111111111111111111111111111 MAIL THE LOWER PORTION WITH YOUR PAYMENT IN U.S. FUNDS TO: COLLIER COUNTY UTILITIES BILLING P.O, ~OX 3369 NAPLES, FLORIDA 34106-3369 000000404601760000525606 Agenda Item No. 10A COL _R COUNTY UTILITIES BILLING 3liii.C ~ary 24,2009 4420 MERCANTILE AVE. NAPLES, FLORIDA 34104' (239) 403-23BO llU~(-i~e 254 of 462 OJ DATE BillED TAML'JMI SQ OF NAPLES LLC 03/0S/07 c/O CRIFASI MANAGI1E..1>JT INC ACCOUNT NUMBER RATE CLASS STE 208C -::-r /' flI /J ~ 04046n 7600 co 2375 T.ll-MIAMI TRL N (__J C L 17...L- SERVICE ADDRESS NAPLES FL 34103-4438 14700 TAMIAMI TR N METER . 0 ., .. METER NUMBER SIZE DATE READING .. ciAT~,"i' . ''':::.',';Beli1~i!olG.'',:.,'. '. 21443635 5/8" 02/05/07 2506 03/06/07 2673 21637090 3" 02/05/07 7921 03/06/07 8303 AMOUNT 'WA 2,334.78 SM 2,005.61 IP 36.00 $~ WARNING: THIS BILL BECOMES DELINQUENT IF THE TOTAL AMOUNT DUE IS NOT PAID BY 03/23/07 'AYMENTS RECEIVED AFTER THIS DATe SHAll BE SUBJECT TO P'NAlTY CHARGES P.ND FAILURE TO PAY 6Y THIS DATE ALSO SHALL [' iUBJECT THE PROPERTY TO SHUTOFF OF WArE!=! SERVICE AND AUTOMATIC lIE:NS WITHOUT FURTHER NOTICE. IF YOU DISPUTE THIS JILL OR BELIEVE THAT IT IS INACCURATE IN ANY WAY, YOU MUSl CONTACT THE COLLIER COUNT'!' UTILITY BILUNG AND CUSTOMER SERVICE )EPT. AT (239) 0403-2380 DURING BUSINESS HOURS (7:30 A.M.. 5:30 P.M., M-F) BEFORE THE DELINQUENT DATE. . . TOTAL DUE 4,376.39 SEE BACK OF BILL FOR ADDITIONAL BILL INFORMATION MAKE CHECKS PAYABLE TOi;',;f;f~;1g~tidi~citiR~~~:,.DFJA<<H HERE COLLIER COUNTY UTILITIES BILLlNG14700"TAMIAMITR"N (239) 403-2380 .~ ACCOUNT Nl,JM~FR~: '," 0404601.7600' '. "P~T~.~i"",~O:r 'J'~I^""'''''''"'' i ,~~<~8.vq~ ',~',m;7xQ71 TDTAL'DUE . 4,3760391 TAMIAMI SQ OF NAPLES LLC C/O CRIFASI !1hNAGMENT INC STE 208C 2375 TAMIAl>lI TRL N NAPLES FL 34103-4438 MAIL THE LOWER PORTION WITH YOUR 111111111111 I 11111 1II11111111':'i:r~YMENT IN us; FUNDS TO: . ...... .."-. :~i.i,",:'/O.Q~.LIER'COUN:r.r".0TILlTIES BilLING . .: _.' '.;~( .~:' -X~,:4~;..~~*~~.:ti<;:i)\~:fgLa.,q~ '~369 . '.. . i<""'''';i:'~"W''(''~NAPlES/FtbRIDA'34106-3369 " <.', -;' ,t<~~';i:~:~~:1~~:~j;~::'-{~ ;~.: . .' 000000404601760000437639 ..,<. ~ ~ COLLIER COUNTY UTILITIES -SittiNG '. 4420 MERCAI,TllE AVE' NAPl7S. FLORIDA 34104 . (2~9) 403,2380 TAMD.MI SQ OF NAPLES LLC fi5)IF.P' ~ C/O CRIFASI MANAGMENT INC, 1IIl1!81k~l.!::?! STE 208C 2375 TAMIAMI TRL N NAPLES FL- 34103-4438 '. Agenda Item NO.1 OA February 24,2009 Page 255 of 462 ;: .. DATE BILLED 04/11/07 ACCOUNT NUMBER 04046017600 RATE CLASS CO "~" SERVICE ADDRESS 14700 TAMIAMI TR N .. ., .. METER NUMBER DATE READING DATE "" . .1'i~S:;:~.READjNG-;1:':~".' 21443635 03/06/07 2673 04/05/07 2842 21637090 03/06/07 8303 04/05/07 8554 7I (!.c It- r /WoololT " WA SM Il?,.'"ti:'. ";>:i;~ ~~~J~- 1,60.34 1,601.84 36.00 ~~ WARNING: THIS BILL BECOMES DELINQUENT IF THE TOTAL AMOUNT DUE IS NOT PAID BY 04/26/07 PAYMENTS RECEIVED AFTER THIS OATE SHALL BE SUBJECT TO PENALTY CHARGES AND FAILURE TO PAY BY THI OAT AL 0 SHA SUBJECT THE PROPERTY TO SHUTOFF OF WATER SERVICE AND AUTOMATIC LIENS WITHOUT FURTHER NOTICE. IF YO DISPUTE T S allL OR BELIEVE THAT iT IS INACCURATE IN ANY WAY, YOU MUST CONTACT THE cowEA COUNTY UTILITY BILLING AND CUSTOMER SERVI DEPT. AT (239) 40H3BO DURING BUSINESS HOURS (7;30 A.M.' 5:30 P.M., M.Fl BEFORE THE DELINQUENT DATE. SEE BACK OF BILL FOR ADDITIONAL BILL INFORMATION ,-,:..,. MAKE CHECKS PAYABLE TO: COLLIER COUNTY UTILITIES BilLING . (239) .<103-2380 ~'. , ~ DEi~9~ HERE'. ~ SERVICE ADDRESS 14700 TAM~~I TR N 04046017600 DATE BillED r"'"''''''''''''"''' 04/11/07 04/26/0~ I . .1'OTALDUE ~ . ACCOUNT NUMBER 3,287.18 T~~~~ SQ OF NAPLES LLC C/O CRIFASI MANAGMENT INC STE 208C 2375 TAMIAMI TRL N NAPLES FL 34103-4438 11111111111111111111111111111:" " ':Jt,~.,:,:;.:..:. MAIL THE LOWER'BPf.\TjQN WITH YOUR PAYMENT IN U.S>FUN~S. TO: ".:~!dr.~:g,;:l:"~'~'" -:".,' COLLIER COUNT(tJJI~lrIEs.BICCiNG R.O, BOX"~~fi9"":" ':". NAPLES, FLORIDA 34106-3369 I 1-. I 000000404601760000325715 c' CC E" CUUN IY UrILl11~S BilLING 4420 MERCAfJTILE AVE. NAPLES. FLORIDA 34104 . (239) 403-238U TP.MIAMI SQ OF NAPLES LLC C/O CRIFASI ~~.NAGMENT INC STE 208C 2375 TAMIAMI TRL N NAPLES FL 34103-4438 [R]tj 'v1 /-V-])) , IS (t{!C/! ,L- Agenda Item No. 10A February 24, 2009 Pace 256 of 462 'ljA TE BILLED 05/10/07 ACCOUNT NUMBER 04046017600 RATE CLASS CO SERVICE ADDRESS 14700 TAMIAMI TR N METER '" - . ., METER NUMBER CODE AMOUNT SIZE DATE READJNG CONSUMPTION 2144 3 635 5/8 " 04/05/07 2842 2994 152 21637090 3 " 04/05/07 8554 8825 271 WA 1,663.74 SM 1,611.23 IP 36.00 s~ - WARNING: THIS BILL BECOMES DELlNOUENT IF THE TOTAL AMOUNT DUE IS NOT PAID BY OS/25/07 PAYMENTS RECEIvED AFTER THIS DATE SHALL 9E SUBJECT ro PENALTY CHARGES AND FAILURE TO PAY BY THIS DATE ALSO SHALL SUaJi:.CT THE PROPERTY TO SHUTOFF OF WATER SERVICE AND AUTOMATIC LIENS WITHOUT FURTHER NOTICE. IF YOU DISPUTE THIS BILL OR BELIEVE THAT IT IS INACCURATE IN ANY WAY. YOu MUST CONTACT THE COLLIER COUNTY UTILITY BItJ..tNG AND CUSTOMER SERVICE ( OEPT AT [239) "03.23&0 DURING BUSINESS HOURS {7:30 A.M.. 5:30 P.M" M.Fj ~ THE DELINQUENT DATE. ftH'll1'lll 3,310.97 SEE BACK OF BILL FOR AODITIONAL Bill INFORMATION MAKE CHECKS PAYABLE TO: COLLIER COUNTY UTILITIES BilLING (239) ~03. 2380 ~ DETACH HERE SERVICE ADDRESS 14700 TAMIAMI TR N ~ ACCOUNT NUMBER 04046017600 DATE BILL.ED ~:t I' 05/10/07 OS/25/07 T~.MIAMI SQ OF NAPLES LLC C/O CRIFASI MANAGMENT INC STE 208C 2375 TAMIAMI TRL N NAPLES FL 34103-4438 11111111111111111111111111111 MAil THE lOWER PORTION WITH YOUR PAYMENT IN U.S. FUNDS TO: COLLIER COUNTY UTILITIES BilLING P.O. BOX 3369 NAPLES, FLORIDA 34106.3369 000000404601760000331097 ~"",,"" COL_~R COUNTY UTILITIES BILLING ~A20 MERCANTILE AVE. NAPLES. FLORIDA 34104 . (239) 403.2380 T~~IAMI SQ OF N~2LES LLC C/O CRIFASI MANAGMENT INC STE 208C 2375 TAMIAMI TRL N N~2LES FL 34103-4438 (Q'"/P' Wofb! ! ~. _.... I...:::::...J Agenda Item No. 10A February 24, 2009 Page 257 of 462 DATE BILLED 06/12/07 ACCOUNT NUMBER 04046017600 RA.TE CLASS CO TS G2 Cc. r+..L SERVICE ADDRESS 14700 TAMIAMI TR N METER. .., . - .,~ ; ; . . ~.c- METER NUM3EA SIZE DATE READING 21443635 5/B" 05/04/07 2994 21637090 3 " 05/04/07 8825 DATE 06/06/07 06/06/07 AMOUNT WA WS SM I? 1,13B.62 122. 11 1,263.80 36.00 ,;f ". 1,:,/, .... (f DOE TO SEVERE DROUGHT, SFWMO PHASE II WATER RESTRICTIONS ARE IN EFFEC~~ THIS BILL MAY INCLUDE A 15~ SURCHARGE DEPENDING ON TOTAL USAGE. PRACTICE WATER CONSERVATION DAILY TO PROTECT FLORIDA'S WATER RESOURCES. FOR INFO VISIT WWW.COLLIERGOV.NET. UTILITY BILLING\CUSTOMER SERVICE. VARNING: THIS BILL BECOMES DELINQUENT IF THE TOTAL AMOUNT DUE IS NOT PAID BV 06/27/07 AYMENT$ RECEIVED AFTER THIS DATE SHALL Be SUBJECT TO PENALTY CHARGES AND FAILURE TO PAY BY THIS DATE ALSO SHAll ,UBJECT THi: PROPERTY TO SHU10FF OF WATER SERVICE AND AUTOMATIC liENS WITHOVT FURTHER NOTICE. IF YOU DISPUTE THIS ILL OR BELIEVE THAT IT 1$ INACCURATE IN ANY WAY. YOU MUST CONTACT THE COlliER COUNTY UTILITY BIl.LING AND CUSTOMER SERVICE 'EPT AT (239) 403.2380 DURING SUSINESS HOURS (7:30 A.M. . 5:30 P.M., M.FI BEFORE THE DELINQUENT DATE. SEE BACK OF BILL FOR ADOITIONAL BILL INFORMATION MAKE CHECKS PAYABLE TO: COLLIER COUNTY UTILITIES BILLING (239) 403-2380 ~ DETACH HERE ~ SERVICE ADDRESS 14700 TAMIAMI TR N ACCOUNT NUMBER 04046017600 DATE BILLED .11:llh'l.lIl::t\'II""II:i 06/12/07[ 06/27/071 1Dl,j)1 CUE 2,560.53 \ T~~IAMI SQ OF NAPLES LLC c/O CRIFASI MANAGMENT INC STE 20BC 2375 TAMIAMI TRL N NAPLES FL 34103-4438 11111111111111111111111111111 MAIL THE LOWER PORTION WITH YOUR PAYMENT IN U.S,'FUNDS TO' COLLIER COUNTY UTILITIES BILLING P.O. BOX 3369 NAPLES, FLORIOA 34106-3369 000000404601760000256053 on....... \..-\..A i< \..-UUI\J I Y \.J IILlIII:S ClILLlNG 4420 MERCAI,TllE AVE. NAPLES. FlORIDA 34104. (239) 403-2380 T_~I~~I SQ OF N~PLES LLC C/O CRIF~SI V"'_'1.li.GMENT INC STE 208C 2375 T.~IAMI TRL N N~_PLES FL 34103-4438 -\l7 1~9~tem No. lOA .. . -0 ary 24, 2009 ~~~!l,8f 462 07/16/07 ACCOUNT NUMBER 04046017600 RATE CLASS CO TSrSl r!..C>4I" SERVICE ADDRESS 14700 TAMIAMI TR N I METEA '-':.'~i.aib..- 1"0 . ,. . ., MEjER NUM8E..=t ! SlZE DATE READING DATE 21443635 5/8" 06/06/07 3162 07/06/07 3355 21637090 3" 06/06/07 8969 07/06/07 9161 AMOUNT 193 192 WA WS SM IP BL 1,481.34 173.52 1,492.29 36.00 7.93CR DUE TO SEVERE DROOGHT, SFWMD PHASE II WATER RESTRICTIONS ARE IN EFFECT! THIS BILL MAY INCLUDE A 15% SURCHARGE DEPENDING ON TOTAL USAGE. P~.CTICE WATER CONSERVATION DAILY TO PROTECT FLORIDA'S WATER RESOURCES, FOR INFO VISIT WWW.COLLIERGOV.NET. UTILITY BILLING\CUSTOMER SERVICE. NARNING: THIS BILL BECOMES DELlNOUENT IF THE TOTAL AMOUNT DUE IS NOT PAID BY 07/31/07 f"'L l rl"l~JI) 'AVt.lErvTS RECt:rV!:D A;:TER THIS GATE SHALL BE SUBJECT TO PENALTY CHARGES AND FAILURE TO PAY BY THIS DATE ALSO SHAll" . ..._.U iUBJECT THE PAOPEMTY TO 5HIJTOFF OF WATER SERVICE AND AUTOMATIC LIENS WITHOUT FURTHER NOTICE. IF YOU DISPUTE THIS 3 175 22 }ILL OR aELIEVE THAT IT IS U~ACCURATE IN ANY WAY. YOU MUST CONTACT THE COlLIER COUNTY UTILITY BILLING A/>lD CUSTOMER SERVICE .. lEPT ,;,T :2391 .:.C3.2360 DURING 8USII~ESS HOURS [7:30 A.M. . 5:30 P.M.. M.F) BEFORE THE DELINQUENT OAT~ . . - 'P.l J[) ~'"J3E~ 8 DETACH HERE ~ SEE BACK OF BILL FOR ADD!TIONAL BILL INFORMATION MAKE CHECKS PAYABLE TO: COLLIER COUNTY UTIlITIES BilLING (239) 403..2380 SERVICE ADDRESS 14700 TAMIAMI TR N 04046017600 DATE BILLED l'I'\h"'I''''''''''II'''-''lf'\~'1''0 07/16/071 07/31/071 3,175.22 ACCOUNT NUMBER TAMI~~I SQ OF NAPLES LLC C/O CRIFASI ~~AGMENT INC STE 208C 2375 TAMIM~I TRL N NAPLES FL 34103-4438 11111111111111111111111111111 MAIL THE LOWER PORTION WITH YOUR PAYMENT IN U.S. FUNDS TO: COLliER COUNTY UTILITIES BilliNG P.O. BOX 3369 NAPLES. FlORIOA 34106.3369 000000404601760000317522 /, cO' ~ ~f# 7;5; (J.. g~ 3&'0-, L LC ~(j}~.r ~ ~~,q-.r .- + /J ~<ft:J REAOINO DATE 7M M 7' 55 OS/06/07 $I ;?f"l '-I~ 61 OS/06/07 J~~f7aJl<u~~~ JE:k COUNTY UTILlTIE:S BilliNG ITIlE AVE. NAPLES. FLORIDA 3A 1 OA . (239) 403.2380 Agenda Item NO.1 OA February 24,2009 Page 259 of 462 DATE B!LLED ACCOUNT t.slJMSER 04046017600 SERVICE ADDRESS 08/14/07 RATE CLASS co 14700 TAMIAMI TR N ., AMOUNT READING 3502 9306 147 145 WA WS SM IP 1,061.82 110.59 1,201.20 36.00 $~ DUE TO SEVERE DROUGHT, SFWMD PHASE II WATER RESTRICTIONS ARE IN EFFECT I THIS BILL l".AY INCLUDE A 15 % SURCHARGE DEPENDING ON TOTAL USAGE. PRACTICE WATER CONSERVATION DAILY TO PROTECT FLORIDA'S WATER RESOURCES. FOR INFO VISIT WWW.COLLIERGOV.NET. UTILITY BILLING\CUSTOMER SERVICE. IARNING: THIS BILL BECOMES OELiNOUENT IF THE TOTAL AMOUNT OUE IS NOT PAID BY 08/29/07 . wMENTS RECEIVED AFTER THIS DATE SHALL BE SUBJECT TO PENALTY CHARGES AND FAILURE TO PAY BY THIS DATE ALSO SHALL l J5JECT THE PROPERTY TO SHUTOFF OF WATER SERVICE AND AUTOMATIC LIENS WITHOUT FURTHER NOTICE. IF YOU DISPUTE THIS LL OR BeLIEVE THAT IT IS INACCURATE IN A.NY WAY, YOU MUST CQNTACTTHE COLUER COUNTY UTILITY BILLING AND CUSTOMER SERVICE ::PT AT [239) 403-2380 DURING BUSINESS HOURS (7:30 A.M.' 5:30 P.I,(., M"F] BEFORE THE DELINQUENT DATE. """~'"1 l 2,409.61 SEE BACK OF BILL FOR ADDITIONAL BILL INFORMATION MAKE CHECKS PAYABLE TO: COLLIER COUNTY UTILITIES BIlliNG (239) 403-2380 ~ DETACH HERE ~ SERVICE ADDRESS 14700 TAMIAMI TR N ACCOUNT NUMBER 04046017600 ~A;~ ~'~";~ r~';'~~';'7~; TOTAL Due, .2,409.611 TAMIJ'-MI SQ OF NAPLES LLC C/O CRIFASI ~.ANAGMENT INC STE 2 os 2375 TAMI."_MI TRL N NAPLES FL 34103-4439 I1I11111111111111111111111111 MAIL THE LOWER PORTION WITH YOUR PAYMENT IN U,S. FUNDS TO: COLLIER COUNTY UTILITIES BILLING P.O. BOX 3369 NAPLES. FLORIDA 34106.3369 nnnnnnunULnl.?Lnnnn~~nqLl. , _ ,_ .~,.. '-' .......,''-v !.JILLII ~"-" 7'i3'lEl1T99 Item No. 10A ~eorua~4, 2009 /?fiI!'t8' - '0':l7'1 ff 462 4420 MERCAN, TAMIAMI SQ OF NAPLES LLC c/o CRIFASI MANAGMENT INC STE 208 2375 TAMIAMI TRL N NAPLES FL 34103-4439 AVE. NAPLES. FLORIDA 34104 . (239) 403-2380 /-:50- r'. t-pJ:; ACCOUNT NUMBER 04046017600 RA 7E CLASS CO SERVICE ADDRE.SS 14700 TAMIAMI TR N MET5.R . . ., . - ., cODel METER NUMBER READING I CONSUMPTION AMOUNT size DATe READING DATe 21443635 5/8 II 08/06/07 3502 09/06/07 3652 150 21637090 3" 08/06/07 9306 09/06/07 9395 89 WA 858.30 WS 80.05 SM 1,035.31 IP 36.00 DUE TO SEVERE DROUGHT, SFWMD PHASE II WATER RESTRICTIONS ARE IN THIS BILL M1l.Y INCLUDE A 15% SURCHARGE DEPENDING ON TOTAL USAGE. PRACTICE WATER CONSERVATION DAILY TO PROTECT FLORIDA'S WATER RESOURCES. FOR INFO VISIT WWW.COLLIERGOV.lffiT, UTILITY BILLING\CUSTOMER SERVICE. . ,"4. EFF~ VARNING: THIS BILL BECOMES OELINOUENT IF THE TOTAL AMOUNT DUE IS NOT PAID BY 09/27/07 ,a.YMENTS RECEIVED AFTER THIS DATE SHALL BE SUBJECT TO PENALTY CHARGES AND FAilURE TO PAY BY THIS DATE ALSO SHALL l VSJECT THE PROPERTY TO SHUTOFF OF WATER SERVICE AND AUTOMATIC LIeNS WITHOUT FURTHER NOTICE. IF YOU DISPUTE THIS 1.'Ll OR BELIEVE THAT n IS INACCURATE IN ANY WAY. YOU MUST CONTACT THE COLLIER COUNTY UTILITY BILLING AND CUSTOMER SERVICE EPT. AT 1239} <103.2380 DURING BUSINESS HOURS (7:30 A M, - 5:30 PM.. !\,i.F) BEFORE THE DELINQUENT DATE. '_ I - I SEE BACK OF BILL FOR AODITIONAL BILL INFORMATION M;',KE CHECKS PAYABLE TO: COLLIER COUNTY UTILITIES BilLING (239) 403-2380 I''''''''''~ 2,009.57 1iI DETACH HEAE ~ SERVICE ADDRESS 14700 TAMIAMI TR N ACCOUNT NUMBER 04046017600 DATE BILLED r'''"/1'7""",\,,,_,,,,,''';Ij~ 09/12/07 09 27/071 2,009.67 TAMIAMI SQ OF NAPLES LLC C/O CRIFASI MANAGMENT INC STE 208 2375 TAMIAMI TRL N NAPLES FL 34103-4439 11111111111111111111111111111 MAIL THE LOWER PORTION WITH YOUR PAYMENT IN U.S. FUNDS TO. COLLIER COUNTY UTILITIES BilLING P.O. BOX 3369 NAPLES, FLORIDA 34106-3369 000000404601760000200967 Tl'.MIAMI SQ OF Nl'.PLES LLC C/O CRIFASI ~~AGMENT INC STE 208 2375 Tl'.MIl'YIT TRL N NAPLES FL 34103-4439 'cY' T lr-li {I Jj, 0* Agenda Item NO.1 OA FebruaDi 24/>,2009 PaWiWil)~462 -----' .' ;,:.(... ,..c "':"Vc . f-,jAF'Lt:::i. i-lORIDA 34104. (239) A03.2: ACCOUNT NUMBER 04046017600 RATE CLASS CO tlf!c$ SERVICE ADDRESS 14700 TAMIAMI TR N METER NUMBER METER SIZE 5/811 3" ., .. ., CODE CONSUMPTION 158 65 WA WS SM IP AMOUNT 21443635 21637090 DATE. 10/04/07 10/04/07 READING 3795 9496 DATE 11/01/07 11/01/07 READIN(!- 3953 9561 912.92 81.18 1,083.08 36.00 r.'-p; "~,~ COLLIER COUNTY UTILITIES RATE INCREASE : The Water, Sewer & Effluent rates will be inc~easing October 1, 2007. The new.rates are effective with your November 2007 utility bills. A rate increase flyer is enclosed with your utility bill also. WARNING: THIS elLL BECOMES DELINQUENT IF THE TOTAL AMOUNT DUE IS NOT PAID BY . 12/n/07 "AYtJ.ENTS RECEIVED AFTER THIS DATE SHALL BE SUBJECT TO PENALTY CHARGES AND FAILURE TO PAY BY THIS DATE ALSO SHALL ( SUBJECT THE PROPERTY TO SHUTOFf OF WATER SERVICE AND AUTOMATIC LIENS WITHOUT FURTHER NOTICE. IF YOU DISPUTE THIS l\LL OR BELIEVE THAT IT 15 INACCURATE IN ANY WAY, YOU MUST CONTACT THE COLLlERCDUNTY UTILITY BILUNG AND CUSTOMER SERVICE )EPT. AT (239) ~03.2J80 DURING BUSINESS I-lOURS {7:30 A,M. . ~GO P.M.. M.FI BEFORE THE DELINQUENT DATE. ' IJJf"..lII 2,113.18 SEE BACK OF BILL FOR ADDITIONAL BILL INFORMATION MAKE CHECKS PAYABLE TO: COLLIER COUNTY UTILITIES BilLING (239) 403-2380 ~, DETACH HERE ~ 04046017600 " _ ", . --G,ERVICE APDRl?:SS '. i~7 od:'fi\.MtAMi. "'R N '. . ............ i~; ~~~~ +r'I'~~~~~7~~ . 'TOTAL DUE 2,113.16 J ACCOUNT NUMBER-.' TAMTAMI SQ OF NAPLES LLC C/O CRIFASI MANAGI~NT INC STE 206 2375 TAM!AMI TRL N NAPLES FL 34103-4439 1111111111~ 1111 I Imlll IllI,j>_ . '., . . '-:" '-<:::'~:.';,:,:::-:~;":~',:~,'''.;> :':'~'; . MAIL THE lOWER PORTION WITH YOUR PAYMENT IN U.S. FUNDS TO: .. .,'." 'QQ,lLlER9QI.1NTY UTILITIES BilLING '" ...., ;.p,o. BOX 3369 NAPLES,FLoRIDA 34108-3369 000000404601760000211318 r<<0 I W;( ! ~"~,, .~v ,-",,-,-,, .'--" Agenda Item No. 10A February 24, 2009 Paae 262 of 462 DATE 81llED 12/~2/ 07 ACCOUNT NUMBER RA. TE ClASS 040460~7600 CO SERVICE ADDRESS /. 4"20 MERCANTILE AVE. NAPLES. FLORIDA 34104. (239) 403-2380 TAMDU~I SQ OF NAPLES LLC C/O CRIFASI ~~~AGMENT INC STE 20B 237S TP~IAMI TRL N NAPLES FL 34~03-4439 ~- 'F~'" i?~ 18.. /4 .o"TJ!) 7S {.l('( ft-r ~4700 TAMIAMI TR N METER' :. "I ,I ," Me-TEA NUMSER SIZE I DATE READING 21443635 5/8 II 11/01/07 3953 21637090 3" 11/01/07 9561 ., AMOUNT n/30/07 1~/30/07 4107 978~ ~54 220 WA WS SM IP ~,636.72 ~B9.7S ~,602.52 36.00 ....'- r:-;;: .<s' : ,'t._L~tl, f.-~.",: r4-. , - . --=-=- -. SFWMD PHASE II WATER RESTRICTIONS ARE IN EFFECT I This bill may include a 15% surcharge depending on total usage. Practice water conservation daily to protect Florida'S water resources. For info visit vMW.colliergov.net, Utility Billing\Customer Service. NARNING: HIlS BILL BECOMES DELINQUENT IF THE TOTAL AMOUNT DUE IS NOT PAID BY ~2/27 /07 'AV~ENTS RECEiVED AFTER THIS DATE SHALL BE SUBJECT TO PENALTY CHARGES AND FAILURE TO PAY BY THIS DATE ALSO SHALL l :ueJECT THE PROPERTY TO SHUTOFF OF WATER SERVICE AND AUTOMATIC LIENS WITHOUT FURTHER NOTICE. IF YOU DISPUTE THIS JILL OR BELIEVE IHAT IT IS INACCURATE IN ANY ~"IAY. YOU MUST CONTACT THE COLLIER COUNTY UTlLlT'( BIl.L1NG AND CUSTOMER SERVICE lEPT AT (2391 <:03.2360 DUr:lING BUSINESS HOURS 17:30 A.M. }i30 P.M.. M-F) ~ THE DELlNOUENT DATE. TOTAL DUE 3,464.99 J SEE BACK OF BILL FOR ADDITIONAL BILL INFORMATION 040460~7600 ~-. DETACH HERE SERVice ADOF\E;.SS 14700 TAMrAM:t.TR 1" ::T; :~~E~i;:'~;;';~j'~;~ . ~ MAKE CHECKS PAYABLE TO: COLLIER COUNTY UTILITIES BILLING (239) 403-2380 ACCOUNT NUMBER TOTAL. DUE 3,464.99 TAMIAMI SQ OF NAPLES LLC C/O CRIFASI ~~~AGMENT INC STE 20B 2375 TP~I~~I TRL N NAPLES FL 34103-4439 11111111111I1111111111111111 MAIL THE LOWER PORTION WITH YOUR PAYMENT IN U.S. FUNDS TO: COLLIER COUNTY UTILITIES BILLING P.O. BOX 3369 NAPLES, FLORIDA 34106-3369 000000404601760000346499 --..' L1LI\ "--'\..Jul'Ji 1 UIILlJiC,) ClILLij"\l\.:7 4420 MEr, ,TILE AVE' NAPLES. FLORIDA 34104 . (239) ~03. TAMIAMI SQ OF NAPLES LLC C/O CRIFASI MANAGMENT INC STE 208 2375 TAMIAMI TRL N NAPLES.FL 34103-4439 ) Agenda Item NO.1 OA February 24, 2009 PageD!1f.J'1'lr~62 01/15/08 ~-[Q) ACCOUNT NuMBER 04046017600 ,"AT; Ci...ASS CO /:5 a. ce fi z::- SERVICE ADDP.ESS 14700 TAMIAMI TR N 21443635 21637090 DATE 11/30/07 11/30/07 READING 4107 9781 DATE 01/04/08 01/04/08 AEADING 4286 10383 CONSUMPTION CODE i At.AO'JI.n ; METER NUMBER METER SIZE 5/8" 3" . . '. . .. _r 179 602 WA WS SM IP 4,203.31 574.74 3,002.60 36.00 SFWMD PHASE II WATER RESTRICTIONS ARE IN EFFECT ! This bill may include a 15% surcharge depending on total usage. Practice water conservation daily to protect Florida's water resources. For info visit www.colliergov.net. Utility Billing\Customer Service. WARNING: THIS BILL BECOMES DELlNOUENT IF THE TOTAL AMOUNT DUE IS NOT PAID BY 01/30/08 PAYMENTS RECEIVED AFTER THIS DATE SHALL BE SUBJECT TO PENALTY CHARGES AND FAILURE TO PAY BY THIS DATE ALSO SHALL SUBJECT THE PROPERTY TO SHUTOFF OF WATER SERVICE AND AUTOMATIC LIENS WITHOUT FURTHER NOTICE. IF YOU DISPUTE THIS BILL OR BElIEVE THAT IT IS INACCURATE IN ANY WAY, YOU MUST CONTACT THE COLLIER COUNTY UTILITY BILLING AND CUSTOMER SERVICE DEPT. AT [239) 403.2380 DURING BUSINESS HOURS (7:30 A.M.. 5:30 P.M.. M-F) BEFORE THE DELINQUENT DATE. .--.. ;--....., > ~,::TOTALDUe'-, "r~ 7,816.65 r MAKE CHECKS PAVABlE TO: COLLIER COUNTY UTILITIES BilLING (239) 403-2380 ~ <>:'~'~.i /0 DETA~:~.('_"~ SEE BACK OF BILL FOR ADDITIONAL BILL INFORMATION 04046017600 SERVICE ADDRESS 14700 TAMIAMI TR N DATE BILLED r'O'""''''''.'''''''' 01/15/08 01/30/081 TOTAL DUE'" , ...; ACCOUNT NUMBER 7,816.651 TAMIAMI SQ OF NAPLES LLC c/O CRIFASI MANAGMENT INC STE 208 2375 TAMIAMI TRL N NAPLES FL 34103-4439 11111111111111111111111111111 MAIL THE lOWER PORTION WITH YOUR PAYMENT IN U.S. FUNDS TO: COLLIER COUNTY UTILITIES BilLING P.O. BOX 3369 NAPLES, FLORIDA 34106.3369 000000404601760000781665 Agenda Item No. 10A February 24, 2009 Page 264 of 462 ATTACHMENTS CONTENTS Attachment Description A Appendix H Water and Sewer Facilities Proposed Alternate Fee Calculation Methodology B PRMG - Relative items Collier County Water and Wastewater Impact Fee Study . C-1 County Ordinance No. 2007-53 C-2 Article VI. Water-Sewer District Unifonn Billing, Operating and Regulatory Standards D Site Photos E Pre-Application Meeting Follow-up F Excerpts from Svstem Deve/ooment Charqes for Water, Wastewater, and Storm water Facilities by Arthur C. Nelson G Excerpts from AWWA Princio/es of Water Rates, Fees. and Charqes H Pre-Application Meeting with Tamiami Square and Collier County Utilities Gerald C. Hartman, PE, ASA Resume Agenda Item NO.1 OA February 24, 2009 Page 265 of 462 Attachment A Appendix H Water and Sewer Facilities Proposed Alternate Fee Calculation Methodology Agenda Item No. 10A. February 24, 2009 Page 266 of 462 i_ ( Appendix H Water and Sewer Facilities Proposed Alternative Fee Calculation Methodology Agenda Item NO.1 OA February 24, 2009 Page 267 of 462 i ( Appendix H Alternative Fee Calculation Methodology Water and Sewer Impact Fee this section of the appendix presents a proposed methodology for conducting an Alternative Fee Calculation for Water and Sewer Impact Fees. It contains the requirements, procedures and methodology for preparation, performance, and submission of an Altemative Fee Calculation Study. 1. Pre-aoplication Meetinq - Before beginning the A1temative Fee Calculation Study, the applicant or applicant's representative shall arrange and attend a pre-application meeting jointly with the Impact Fee Coordinator' and the Public Utilities Department Administrator to discuss the requirements. procedures, and methodology of the Alternative Fee Calculation. Subsequent to the pre-application meeting, the applicant shall submit three copies ofthe proposed approach to the study to the Collier County Public Utilities Department Administrator. County staff has five (5) working days to respond in writing to the proposed approach. If County Staff concurs with the proposed approach, the applicant will be notified to proceed with the study. If County staff disagrees with the proposed approach, County staff will identify the problem areas for the applicant. The applicant must receive approval from County staff before proceeding with the study. 2. Methodoloqy - The Altemative Fee Calculation shall follow the prescribed methodologies and formats of the Water and Sewer Impact Fee Study, prepared by Agnoli, Barber, and Brundage, Inc. (1997), as amended, the Consolidated Impact Fee Ordinance, and the Administrative Procedures Manual. The results of the Altemative Fee Calculation shall be submitted to both the Impact Fee Coordinator and Public Utilities Department. The Altemative Water andlor Sewer Systems Impact Fee calculations shall be based on data, information, or assumptions included in the Water and Sewer Impact Fee Study (identified above) and as agreed upon at the Pre-application Meeting. 3. Guidelines - The applicant will use the information derived from the study to calculate an alternative impact fee. The results of the Alternative Fee Calculation study shall be submitted to both the Impact Fee Coordinator and the Public Utilities Department. 4. SubmittinQ the Studv Report - The applicant shall submit five (5) copies of the study report to the Collier County Public Utilities Department Administrator. The study must be certified by a Professional Engineer who is registered in the State of Florida. Tindale-Oliver and Associafes, Inc. June 1,2001 H-1 Collier County Consolidated Impact Fee Administrative Procedures Manual ,.. Agenda Item No. 10A February 24, 2009 Page 268 of 462 ( 5. Sufficiency Determination - The Impact Fee Coordinator and the Public Utilities Department Administrator will review the Alternative Fee Calculation for sufficiency methodology. technical. accuracy, and findings and will make recommendations conceming the amount of the impact fee to the Impact Fee Coordinator. 6. Determination of Fee - The Public Utilities Department Administrator and the Impact Fee Coordinator will make the final determination ofthe impact fee amount. (' G:\07312\docslmanua/\appendiceslapndxh. doc Tindale-Oliver and Associates, Inc. June 1, 2001 H-2 Collier County Consolidated Impact Fee Administrative Procedures Manual Agenda Item No.1 OA February 24, 2009 Page 269 of 462 Attachment B PRMG - Relative Items Collier County Water and Wastewater Impact Fee Study Agenda Item No. 10A February 24, 2009 Page 270 of 462 II Public Resources Management Group, Inc. Utility. Rate. Financial and Management Consultants May 4, 2006 PRMG #1125-12 Board of County Commissioners of Collier County 3301 Tamiami Trail East Naples, FL 34112 Subject: Water and Wastewater Impact Fee Study Ladies and Gentlemen: We have completed our update of the Water and Wastewater Impact Fee Study for the Collier County (the "County") Water-Sewer District's (the "District") water and wastewater system (the "System"), and have summarized the results of our analyses, assumptions, and conclusions in this letter report, which is submitted for your consideration. The purpose of our analysis was to review the existing impact fees and make recommendations as to the level of charges that should reasonably be in effect consistent with the capital expenditure requirements as identified in the District's 2005 Water and Wastewater Master Plan Updates (the "2005 Master Plan Updates"). Based on the findings presented in the District's Master Plan Updates, Public Resources Management Group, Inc. (pRMG) is recommending that the water system impact fee be increased from $2,760 to $3,415 per Equivalent Residential Connection (ERC). For the wastewater system, we are recommending an increase in the impact fee from $3,125 to $3,515 per ERC. The combined water and wastewater fee with the proposed rate adjustments would be $6,930, an increase of $1,045 or 17.8% over the existing combined fee of $5,885. The rate schedule for the proposed impact fees is shown on Table ES-l following this letter. At the outset of the study, it was determined that the proposed impact fees should meet a number of goals and objectives. These goals and objectives dealt primarily with criteria related to fee sufficiency and level. Specifically, tbe major objectives considered in this study included: . Existing customers, to the extent practical, should not finance or be impacted by the cost of financing and constructing water and wastewater infrastructure to serve new growth; . The impact fees should be sufficient to fund the pro rata cost of the projected capital requirements associated with providing water and wastewater service to new development; . To the extent practical, the impact fees should not be used to fund deficiencies in the capital needs of the water and wastewater utility systems (i.e., no expenditures for renewal and replacement or upgrade of facilities serving existing customers); . The impact fees should be based upon reasonable level of service standards that meet the needs of the District, should be indicative of the criteria used for long-term infrastructure planning, and should be consistent with industry standards; Agenda Item NO.1 OA February 24, 2009 Page 271 of 462 Board of County Commissioners of Collier County May 4, 2006 Page 2 . The proposed impact fees should be based on cost of service principles; . The proposed impact fees should take into consideration the comparable fees charged by neighboring utility systems; and . New development, to the extent practical, should fund the cost of financing the construction of System infrastructure specifically allocated to expansion; the proposed carrying charge provides a basis of recovering such costs and further shifts the burden of expansion-related capital to new growth. The proposed water and wastewater impact fees presented in this report have been structured to meet these objectives. The impact fees we calculated during the course of our analyses were based on the recovery of capital-related costs anticipated to be incurred by the District to expand water and wastewater service to meet the needs of anticipated population growth within the utility service area. As previously mentioned, the capital-related costs were identified in the 2005 Master Plan Updates prepared by the District's Consulting Engineers that documented the capital improvement plan for the fiscal year period of 2006 to 2015, which is the capital needs period reflected in the Impact Fee Report. In addition to the proposed impact fees for the System, PRMG is recommending the imposition of a "carrying charge" to recover certain costs associated with providing capacity to new development. The proposed carrying charges (Allowance for Funds Prudently Invested or "AFPI Fees") reflect the cost of financing the expansion-related infrastructure until the impact fees are received by the District and have been structured to meet the service I rate objectives outlined above. A summary of the proposed AFPI Fees is shown on Table ES-2 at the end of this Jetter. Based on the information provided by the District and prepared by its Consulting Engineers and the assumptions and considerations outlined in this report, which should be read in its entirety, PRMG considers the proposed Impact Fees to be cost-based, reasonable, and representative of the identified capital expenditure needs of the District as identified in the Master Plan Updates. Additionally, the proposed AFPI fees are considered by PRMG to be reasonable and comparable with similar charges imposed by other Florida utilities. Moreover, such fees provide a basis for the recovery of the cost of capital associated with constructing expansion-related infrastructure. 1125.12\Letter Agenda Item No. 10A February 24, 2009 Page 272 of 462 Board of County Commissioners of Collier County May 4, 2006 Page 3 We appreciate the opportunity to be of service to the County and would like to thank the County's staff for their assistance and cooperation during the course of this study. 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'" .. ~o::s '" os ~[!jg '" Agenda Item No. 10A February 24, 2009 Page 275 of 462 Table ESp2 Collier County Water~Sewer District Water and W utewater Impact Fee Study ProDosed Allowance for Funds Prudentlv Invested (AFPn Schedule AFPI Schedule Per ERe ~ Water Svstem (* Payment Calendar Year Month 2006 2007 2008 2009 2010 2011 2012 January $0.00 $58.69 $234.76 $410.84 $586.91 $762.98 $939.05 February 0.00 73.36 249.44 425.51 601.58 777.65 953.72 Msreh 0.00 88.04 264.11 440.18 616.25 792.33 968.40 April 0.00 102.71 278.78 454.85 630.93 807.00 983.07 May 0.00 117.38 293.45 469.53 645.60 821.67 997.74 June 0.00 132,05 308.13 484.20 660.27 836.34 1,012.42 July 0.00 146.73 322.80 498.87 674.94 851.02 1,027.09 A"gust 0,00 161.40 337.47 513.54 689.62 865.69 1,041.76 September 0,00 176.07 352.14 528.22 704.29 880.36 1,056.43 October 14.67 190.74 366.82 542.89 718.96 895.03 1,056.43 November 29.35 205.42 381.49 557.56 733.63 909.71 1,056.43 December 44.02 220.09 396.16 572.23 748.31 924.38 1,056.43 AFPI Scbedule Per ERe - Wastewater Svstem (' Paymen1 Calendar Year Month 2006 2007 2008 2009 2010 2011 2012 January $0.00 $38.24 $152.94 $267.65 $382.36 $497.06 $611.77 February 0.00 47.79 162.50 277.21 391.92 506.62 621.33 March 0.00 57.35 172.06 286.77 401.47 516.18 630.89 April 0.00 66.91 181.62 296.33 411.03 525.74 640.45 May 0.00 76.47 191.l8 305.89 420.59 535.30 650.01 Juno 0.00 86.03 200.74 315.44 430.15 544.86 659.57 July 0,00 95.59 2lO.30 325.00 439.71 554.42 669.12 August 0.00 105.15 219.86 334.56 449.27 563.98 678.68 September 0.00 114.71 229.41 344.12 458.83 573.53 688.24 October 9.56 124.27 238.97 353.68 468.39 583.09 688.24 November 19,12 133.82 248.53 363.24 477.95 592.65 688.24 December 28.68 143.38 258,09 372.80 487.50 602.21 688.24 ("') Assumes that the AFPI fee is initiated on October 1,2006. Agenda Item No. 10A February 24, 2009 Page 276 of 462 COLLIER COUNTY WATER-SEWER DISTRICT WATER AND WASTEWATER IMPACT FEE STUDY TABLE OF CONTENTS Title Page No. Letter of Transmittal Table of Contents................................,........................................................................................... ...... i List of Tables......... ..........,..............,..,...,.............................................................................................. ii List of Figures ............................,.......................................... .....................................,......,........ .......... ii List of Appendices .................................... .......,.................................................................................. iii Introduction............................... ..:........................................................................................... ............. 1 Purpose of Water and Wastewater Impact Fees................................................................................... I Existing Impact Fees............................................................................................................................ 3 Impact Fee Methodology ,...., ..................... .......... .......,................ ........................................................4 Level of Service Requirements ...... ..............,............ ..,......................... ..... ....... ................................... 5 Existing Plant in Service, .......... .............. ........... .........,.......,..... .... ............ ..... ......................................6 Additional Capital Investment .............,...................................,........................................................... 9 Design of Water Impact Fee...............................................................................................................13 Design of Wastewater Impact Fee .....................................................................................................16 Impact Fee Comparisons .... ........ ............ ...................................................... ......................................19 Sufficiency of Impact Fees.................................................................................,...................,........... 20 Allowance for Funds Prudently Invested (AFPI) Fee ........................................................................21 Conclusions and Recommendations........................................... ..................,........ ..........,... ............ ...25 Acknowledgements ................ .................... ......................................... ........................... ........... .........28 K:\DM\112S-12IReportslReport Agenda Item No. 10A February 24, 2009 Page 277 of 462 The current study employed the same methodology, and the impact fees were calculated on an ERC basis. The capital-related costs were identified in the 2005 Master Plan Update reports prepared by the County's Consulting Engineers, which documented the capital improvement plan for Fiscal Years 2006 through 2015 (the "CIP Planning Period") which was relied upon in the preparation of this report. Level of Service Requirements In the evaluation of the capital facility needs for providing water and wastewater utility services, it is critical that a level of service (LOS) standard be developed. Pursuant to Chapter 9J-5, Florida Administrative Code, the "level of service" means an indicator of the extent or degrees of service provided by, or proposed to be 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 or service. Essentially, the level of service standards are established in order to ensure that adequate facility capacity will be provided for future development and for purposes or issuing development orders or permits, pursuant to Section 163.3202(2)(g) of the Florida Statutes. As further stated in the Administrative Code, each local government shall establish a LOS standard for each public facility located within the boundary for which such local government has authority to issue development orders or permits. Such LOS standards are set for each individual facility or facility type or class and not on a system wide basis. For water and wastewater service, the level of service that is commonly used in the industry is the amount of capacity (service) allocable to an ERC expressed as the amount of usage (gallons) allocated on an average daily basis. This allocation of capacity would generally represent the amount of capacity allowable to an ERC, whether or not such capacity is actually used (commonly referred to as "readiness to serve"). As previously mentioned, an ERC - sometimes known as an Equivalent Residential Unit (ERU) - is representative of the average capacity required to service a typical individually-metered or single-family residential account. This class of users represents the largest amount of customers served by a public utility such as the District and generally the lowest level of usage requirements for a specifically metered account. For the purposes of calculating water and wastewater system Impact Fees, PRMG utilized LOS standards of 350 gallons per day (gpd) expressed on an average annual daily flow basis per water ERC, The wastewater LO';; standard used in the study was 250 gpd expressed on an average annual daily flow basis per wastewater ERC. These LOS standards were reviewed in previous studies for the District and discussed with District staff and its Consulting Engineers. In the development of the level of service standards the following reference sources were considered: . 2005 Water and Wastewater Master Plan Updates prepared by the District's Consulting Engineers, Greeley and Hansen LLC; . Collier County Growth Management Plan adopted on October 28, 1997; . Florida Department of Environmental Protection (FDEP) general design standards; . Florida Public Service Commission (FPSC) capacity relationships for private utilities; and . Actual water production and wastewater flow data reported by the District over the past several years. 5 Agenda Item No. 10A . February 24, 2009 Page 278 of 462 As a result, the following level of service standards were assumed for impact fee determination purposes: Water System Wastewater System Level of Service 350 gpd per ERC 250 gpd per ERC These level of service standards have been utilized in previous impact fee studies performed on behalf of the District, and are consistent with those utilized by other utilities throughout the State of Florida. Existing Plant in Service In the determination of the Impact Fee associated with the servicing of future customers, any excess capacity of the existing utility system available to serve such growth was considered. Since this capacity is available to serve the near-term incremental growth of the utility system, it would be appropriate to evaluate the capacity availability of such facilities. In order to evaluate the availability of the existing utility plant-in-service to meet or provide for near-term future capacity needs, it was necessary to functionalize the plant by specific plant requirement. The "functionalization" of the existing plant is necessary to: i) identify those assets which should be included in the determination of the capital facilities fees; and Ii) match existing plant type to the capital improvements to meet future service needs. The functional cost categories are based on the purpose of the assets and the service that such assets served. The following is a summary of the functional cost categories for the utility plant-in-service identified in this report. Water Service Supply Treatment Transmission Distribution Fire Hydrants Meters and Services Fuuctional Plant Categories Wastewater Service Treatment EffluentIReclairn ed Transmission Collection Other Plant General Plant It was necessary to functionalize the utility plant into these cost categories so that a proper fee could be developed. Generally, the costs of on-site facilities which serve a specific development or customer such as water distribution and wastewater collection lines, meters and services, and fire hydrants are usually: i) donated by a developer as part of the City's utility extension program (a contribution of the plant); ii) recovered from the individual properties through an assessment program based on those properties which receive special benefit from such facilities or from the application of a main line extension fee to recover the specific cost of such facilities; or iii) funded from the customer directly (e.g., by a "front-foot" charge where the on-site lines were initially financed by the utility and then paid by the customer or an installation charge to recover the cost of a new service line and/or the potable water meter). 6 l\1aior Proiect Cas ts in CIP That Primarilv Benefit Exis tin!! Customers (Flmd412 and Fund 414 Projects) Water Treatment Proiects NCRWTP - New Hawthorne (Zone I) Wellfield (Well Nos.: 101,102,114,115,116,109,117,118,] ]9,120) NCRWTP RO Wellfield Reliability (North Hawthorn Wells ]8-20) Hawthorn Future Reliability Wells (3 wells by 2012, 3 wells by 2015, 3 wells by 2018, 3 wells by 2021,3 wells by 2024) South Hawthorn Reliability/Replacernent Wells (Well Nos.: 39S-42S) NCRWTP Emergency Gonerator Switchgear Upgrades Tamiaml Well Replacement Program (Well Nos.: 38-42) Lime Softening Upgrade at SCRWTP SCRWTP One RO Reliability Well Water Transmission Pro;ects Replace Water Main US 41 from Rattlesnake Hammock Road to Barefoot Williams Road Wastewater Treatment Proiects IQ Water ASR NCWRF Bleach System Wastewater Transmission Proiects Future Pump/Lift Station Rehab Design of Water Impact Fee Agenda Item No. 10A February 24, 2009 Page 279 of 462 Project Cost $14,300,000 12,547,617 12,069,800 8,500,000 5,343,514 5,175,000 3,885,915 2,600,000 3,900,000 11,200,000 3,000,000 5,100,000 As shown on Table 7, the calculated impact fee for the water system is $3,415 per ERC. This represents an increase in the fee of $655 or 23.7% higher than the current fee of $2,760 per ERC, The reason for this increase is: i) an increase in the number of growth-driven (Fund 411) projects than what was shown in the 2003 Master Plan Update which was relied upon to develop the previously calculated impact fees; and ii) a higher cost per illlit of capacity being added than what was calculated in the last impact fee study. For example and with respect to the inflationary impact on tile cost of new construction, over the past five years, the Construction Cost Index published by Engineering News-Record (ENR), which measures the inflation in the prices of construction labor and materials, increased by approximately 2 I % (this would not take into account any effects of regulatory process changes associated with treatment standards), During the impact fee analysis, several assumptions were utilized or incorporated. The major assumptions utilized in the design of the calculated impact fees are: 1. The existing water supply and treatment facilities have an estimated available capacity margin to serve new growth of approximately 22.5 I % of the average daily capacity of tlle facilities based on: i) the firm design capacity of the existing water treatment plant facilities; ii) actual maximum month daily demand to annual average daily demand relationships recently experienced by the water system, including a review of the actual demand 13 Agenda Item No. 10A February 24, 2009 Page 280 of 462 requirements for the ten fiscal year period ended 2005; and iii) the capacity factors reflected in the 2005 Master Plan Updates. The analysis is included on Table I herein. 2. The capital improvement program as identified in the County's 2005 Master Plan Updates was reviewed and the capital costs were apportioned: i) by functional category; and ii) to existing and future users in the detennination of the water impact fee. Those facilities that were considered to be entirely allocable to growth were included in the fee determination at full cost (i.e., 100% of the total cost). For facilities that would provide an improvement to existing utility plant assets that had available capacity to service future growth, a portion of the impact fee was reflected in the fee determination since such new growth will benefit from such improvements. For capital expenditures which were solely for the replacement of existing assets which would directly benefit existing customers or were considered as an on- site cost (provide service to a local area such as a development which would normally be constructed and subsequently contributed to the District System by a developer), such amounts were not reflected as an appropriate cost to be recovered from the application of the water impact fees. A summary of the capital costs recognized in the impact fee analysis is shown on Table 4 and as follows (differences due to rounding): Expansion Ilmpact Fee Eligible Costs Recognized in CLlITe1lt Study Project Costs ($ Millions) - FY 2006 to FY 2015 Expansion I Impact Fl::e Eligible Costs to Be Recognized in Future Study (e.g., Prome Bene1it. Beyond Ten- Year Window) Total Project Costs Total Expansion I Impact Fee Eli~1e Costs (Current and Future Studies) Existing Water Treatment Transmissbn Total $89.8 14.2 S104.0 $245.9 46.2 $292.0 $211.6 68.2 $279.8 $547.2 128.6 $675.8 $457.4 114.4 $571.8 3. For the capital improvements identified as transmission system upgrades which would benefit both existing and future users, the total cost of such improvements has been recognized in the analysis. Since the transmission function capacity is difficult to ascertain except at "build-out" conditions, the total existing, (expressed at original cost and not on a replacement or current cost basis) and anticipated capital costs to serve the total capacity of the water system through 2015 was recognized, thus calculating a new users per ERC "buy- in" cost for this functional component of the system. Therefore, the cost of certain capital expenditures shown on Table 4 that was fully recognized in the fee determination will not be fully recovered by growth since the "unit cost" of this function includes existing ERCs. 4, With respect to those capital projects which have been allocated to existing users that may include a capacity increment associated with serving new development, an adjustment to the reported plant-in-service balances has been made in order to not double-count plant-in- service (recognized a retirement of plant associated with the addition of the new facilities as identified in the 2005 Master Plan Update), Since a match of the facility upgrade to the existing plant-in-service balances as reported on the County's Fixed Asset Records was not possible, the adjustment was based on: i) an average in-service date based on the weighted in-service date of all functional assets in service as reported on the Fixed Asset Records; and 14 Agenda Item NO.1 OA February 24, 2009 Page 281 of 462 ii) the estimated replacement cost of the asset being placed in service as identified in the 2005 Master Plan Update, based on an analysis of historical and projected inflation as measured by the Construction Cost Index as measured by Ene:ineerine: News-Record. It was considered that the use of the replacement cost of the assets, which would generally include an upgrade to the facilities and probably result in a higher cost due to such factors as restoration expenses, would be conservative in the evaluation of the capital costs recognized in the determination of the fee. It was assumed that approximately $32,163,106 of existing water system assets would be retired as a result of the implementation of the County's identified capital improvement program. 5. No capital facility expansion costs associated with distribution facilities have been included in the calculation of the water impact fees since the County generally requires the developer to contribute such facilities or the County has adopted a separate fee (e.g., water'meter installation fee) on behalf of the District to recover the cost of such capital additions (contribution in aid of construction). 6. The level of service for a water ERC was assumed to be 350 gallons per day (gpd) expressed on an average daily flow basis. This level of service represents no change from the previous impact fee study. The level of service was predicated on the level of service requirements as contained in the County's Growth Management Plan (potable water sub-element); discussions with the County's Consulting Engineers regarding capacity planning statistics as reflected in the 2005 Master Plan Update; Florida Department of Environmental Protection (FDEP) general design standards for water use analysis; Florida Public Service Commission (FPSC) capacity relationships for private utilities (Florida Administrative Code Rule 25- 30,020); and discussions with the District. 7, No grant funds have been or are expected to be received by the District relative to the funding of the water capital improvement program, and none of the existing water treatment and transmission assets were assumed to have been funded from grants. 8. Based on discussions with the County and as part of the review of the monthly rates for water service (a separate study of the District), it was determined that the lowest overall cost to the existing ratepayer (in tenns of rates to be charged and financial health of the District System) was to use impact fees first for capital project funding as opposed to the payment of debt service. Because of this benefit and the need to recover the full capital cost assigned to growth, no rate adjustment was reflected in the determination of the fee. All impact fee funds remain in the system and the long-term financing costs are mitigated by using the fees for capital project fmancing. Although a new rate payer will potentially pay debt service on expansion-related financing, the overall cost to the ratepayer is less by not applying impact fees to current year debt and the additional customers to the system actually tend to maintain or reduce the debt service component built into the rates for service. Thus there appears to be no justification to continue to have a debt service adjustment in the determination of the impact fees. The water system impact fee was calculated utilizing estimated capital costs for the water supply/treatment/transmission system, ERC service requirements, and current fixed asset and plant capacity data available to PRMG regarding the water system. By designing the water system impact fee to recover costs on a prospective basis, an attempt is made to design a charge that will 15 Agenda Item NO.1 OA February 24,2009 Page 282 of 462 provide funds on a reasonable basis in order to meet the future needs of the water system. It should be noted that in the event the construction costs, capacity requirements, or utility service area materially change from what is reflected on Table 7, the water impact fee might need to be adjusted accordingly. As shown on Table 7, the calculated water impact fee is $3,685 per ERC, which is $925 or 33.5% higher than the existing water impact fee of $2,760 per ERC. This fee would be applied to a standard individually-metered residential customer. Based on the capital facilities associated with the detem1ination of the fee, the functional breakdown of the components of the rate is as follows:. Water SupplyfTreatment Water Transmission Rounded Cost Per ERC $2,865 550 Total Proposed Water Impact Fee ,Ulli. Design of Wastewater Impact Fee As shown on Table 8, the calculated impact fee for the wastewater system is $3,515 per ERC. This represents an increase in the fee of $390 or 12.5% above the current fee of $3,125 per ERC. The reason for this increase is a rise in the cost per unit of additional capacity from the costs assumed in the previous impact fee study. As previously mentioned, with respect to the inflationary impact on the cost of new construction, over the past five years, the Construction Cost Index published by Engineering News-Record. (ENR), which measures the inflation in the prices of construction labor and materials, increased by approximately 21 % (this would not take into account any effects of regulatory process changes associated with wastewater treatment standards). In the development of the proposed wastewater impact fees, several assumptions were utilized or incorporated in the analysis. The major assumptions utilized in the design of the proposed wastewater impact fees are: 1. The existing wastewater treatment and effluent disposal facilities have an estimated available capacity margin to serve new growth of approximately 47.08% of the average daily capacity of the facilities based or: i) the finn design capacity of the existing wastewater treatment plant facilities; i1) actual maximum month average daily flow to annual average daily flow relationships recently experienced by the wastewater system, including a review of the actual flow requirements for the ten fiscal year period ended 2005; and iii) the capacity factors reflected in the 2005 Master Plan Update. The analysis is included on Table 2 herein. 2. Based on discussions with the County, the cost of treatment and effluent disposal includes the direct system-related cost of expanding the reclaimed water system. As shown on Table 6, the following capital costs were reflected in the analysis: (Remainder of Page Left Blank Intentionally) 16 Agenda Item No. 10A February 24, 2009 Page 283 of 462 Capital Expenditures Reflected in Analysis Expansion-Related Facilities (New and Future) $21,113,958 Facilities Allocated to Existing Capacity 17.280.000 Total Reclaimed Water Capital Expenditures Recognized ~;t8 393 958 3. The capital improvement program as identified in the County's 2005 Master Plan Update was reviewed and the capital costs were apportioned: i) by functional category and ii) to existing and future users in the detennination of the wastewater impact fee, Those facilities that were considered to be entirely allocable to growth were included in the fee determination at full cost (Le., 100% of the total cost). For facilities that would provide an improvement to existing utility plant assets that had available capacity to service future growth, a portion of the capacity fee was reflected in the fee determination since such new growth will benefit from such improvements. For capital expenditures which were solely for the replacement of existing assets which would directly benefit existing customers or were considered as an on-site cost (provide service to a local area such as a development which would normally be constructed and subsequently contributed to the District System by a developer), such amounts were not reflected as an appropriate cost to be recovered from the application of the wastewater impact fees. A summary of the capital costs recognized in the wastewater impact fee analysis is shown on Table 6 and as follows: Project Costs ($ Millions). FY 2006 to FY 2015 Expansion / Impact Fee Eligible Costs to Be Expansion I Impact Fee Recognized in Future Total Expansion I Impact Eligible Costs Study (e.g., Provide Fee Eligible Costs Recognized in Current BenefitBeyond"Ten-Year Total Project (Current and Future Existing Study Window) Costs Studies) Wastewater Treatment $20.9 $270.7 $8.9 $300.5 $279.6 Transmission 10.5 25.5 19.3 55.2 44.7 Reclaimed Water 17.3 11.3 9.8 38.4 21.1 Total $48.7 $307.5 $37.9 $394.1 $345.4 4. For the capital improvements identified as transmission system upgrades which would benefit both existing and future users, the total cost of such improvements has been recognized in the analysis, Since the transmission function capacity is difficult to ascertain except at "build-out" conditions, the total existing (expressed at original cost and not on a replacement or current cost basis) and anticipated capital costs to serve the total capacity of the wastewater system through 2015 was recognized, thus calculating a new users per ERC "buy-in" cost for this functional component of the system. Therefore, the cost of certain capital expenditures shown on Table 6 that was fully recognized in the fee determination will not be fully recovered by growth since the "unit cost" oftms function includes existing ERCs. 5. With respect to those capital projects which have been allocated to existing users which may include a capacity increment associated with serving new development, an adjustment to the 17 Agenda Item No. 10A February 24, 2009 Page 284 of 462 reported plant-in-service balances has been made in order to not double-count plant-in- service (recognized a retirement of plant associated with the addition of the new facilities as identified in the 2005 Master Plan Update). Since a match of the facility upgrade to the existing plant-in-service balances as reported on the District's Fixed Asset Records was not possible, the adjustment was based on: i) an average in-service date based on the weighted in-service date of all functional assets in service as reported on the Fixed Asset Records; and ii) the estimated replacement cost of the asset being placed in service as identified in the 2005 Master Plan Update, based on an analysis of historical and projected inflation as measured by the Construction Cost Index as measured by Engineering News-Record. It was considered that the use of the replacement cost of the assets, which would generally include an upgrade to the facilities and probably result in a higher cost due to such factors as restoration expenses, would be conservative in the evaluation of the capital costs recognized in the determination of the fee. It was assumed that approximately $16,415,000 of existing wastewater and reclaimed water system assets would be retired as a result of the implementation of the County's identified capital improvement program. 6. No capital facility costs associated with the existing collection facilities - including local lift stations, manholes, and on-site collection facilities - have been included in the calculation of the wastewater impact fees since the County generally requires the developer to contribute such facilities, or the County has adopted a separate fee (e.g., wastewater tap-fee) on behalf of the District to recover such capital additions (contributions in aid of construction). All capital improvements to such respective facilities as recognized in the 2005 Master Plan Update were also not recognized in the wastewater impact fee analysis. 7. The level of service for a wastewater ERC was assumed to be 250 gallons per day (gpd) expressed on an average daily flow basis. This level of service represents no change from the previous impact fee study. The level of service was predicated on the level of service requirements as contained in the County's Growth Management Plan (sanitary sewer sub- element); information contained in the 2005 Master Plan Update regarding wastewater capacity; FDEP flow standards as reported in F AC Rule 64E-6.008; FPSC capacity relationships for private utilities (F AC Rule 25-30.020); and discussions with the District. 8. No grant funds have been or are expected to be received by the District relative to the funding of the wastewater capital improvement program, and none of the existing wastewater treatment and transmission assets were assumed to have been funded from grants. 9. Based on discussions with the County and as part of the review of the monthly rates for . wastewater service (a separate study of the District), it was determined that the lowest overall cost to the existing ratepayer (in terms of rates to be charged and fmancial health of the District System) was to use impact fees first for capital project funding as opposed to the payment of debt service. Because of this benefit and the need to recover the full capital cost assigned to growth, no rate adjustment was reflected in the determination of the fee. All impact fee funds remain in the system and the long-term fmancing costs are mitigated by using the fees for capital project fmancing. Although a new rate payer will potentially pay debt service on expansion-related financing, the overall cost to the ratepayer is less by not applying impact fees to current year debt and the additional customers to the system actually tend to maintain or reduce the debt service component built into the rates for service. Thus 18 Agenda Item No.1 OA February 24,2009 Page 285 of 462 there appears to be no justification to continue to have a debt service adjustment in the determination of the impact fees. . The wastewater system impact fee was calculated utilizing estimated capital costs for the wastewater transmission/treatment/disposal system, ERC service requirements, and current fixed asset and plant capacity data available to PRMG regarding the wastewater system. By designing the wastewater system impact fee to recover costs on a prospective basis, an attempt is made to design a charge that will provide funds on a reasonable basis in order to meet the future needs of the wastewater system. It should be noted that in the event the construction costs, capacity requirements, or utility service area materially change from wbat was reflected on Table 8, the wastewater impact fee might need to be adjusted accordingly. As shown on Table 8, the calculated wastewater impact fee is $3,515 per ERC, which is $390 or 12.5% higher than the existing wastewater impact fee of $3,125 per ERC. This fee would be applied to a standard individually-metered residential customer. Based on the capital facilities associated with the determination of the fee, the functional breakdown of the components of the rate is as follows: Wastewater TreatmentIDisposaJ Wastewater Transmission Rounded Cost Per ERC $3,200 315 Total Proposed Wastewater Impact Fee t1lli Impact Fee Comparisons In order to provide additional infonnation to the County regarding the existing and calculated impact fees, a comparison of the existing and calculated fees for the District with other Florida jurisdictions was prepared. This comparison is summarized on Table 9 and provides a comparison of the existing and proposed District impact fees for single-family residential connections (i.e., one ERC) relative to the impact fees or comparable charges currently imposed by other municipallgovenunental water and wastewater systems located primarily in the southwest Florida region. Figure I shows a graphical representation of the comparison. It is important to note tllat the reader must view the comparison witll caution as no in-depth analysis has been perfonned to determine the methods used in the development of the water and wastewater impact fees imposed by others, nor has any analysis been made to determine whether 100% of the cost of new facilities is recovered from system capacity charges, or some percentage less than 100% with the balance recovered through the user charges. Additionally, no analysis was conducted as to the rate of capital facilities currently in service or planned for the utility. For example, the costs of wastewater effiuent disposal utilizing a deep injection well system generally has a higher capital cost per unit of capacity than percolation ponds. (Remainder of Page Left Blank Intentionally) 19 Table 1 Collier County Water-Sewer District Water and Wastewater Impact Fee Study Development of Existing Water ProdnctionfIreatment Facility Canacitv Available to Serve Customer Growth Line No. Existing Pennitted Plant Capacity of System (MMDD-MGD) (1) Adjustment to Reflect Annual Average Daily Demand 2 of Water Treatment System (MGD) (2) 3 Adjusted Treatment Plant Capacity (AADD) 4 Annual Average Daily Demand - Existing System (3) 5 Remaining Capacity (AADD) at Existing Plant 6 Percent of Total Capacity Remaining 7 Percent of Total Capacity Recognized Capital Costs of Existing Facilities 8 Existing Facility Costs (4) 9 Additional Costs (5) 10 Less Assumed Retirements (6) 11 Less Grant Funds and Other Contributions (7) 12 Total Applicable Capital Costs of Existing Facilities 13 Estimated Amount Allocable to Future Growth MGD "'" MHlion GaIlons Per Day MMDD = Maximum Month Daily Demand AADD"'" ArulUa! Average Daily Demand Footuotes start on page 30. 29 Agenda Item NO.1 OA - February 24, 2009 Page 286 of 462 Table 2 Collier County Water-Sewer District Water and Wastewater Impact Fee Study Development of Existing Wastewater Treatment Facility Caoacitv Available to Serve Customer Growth Line No. Existing Plant Capacity of System (MMADF-MGD) (I) 2 Adjustment to Reflect Capacity on Annual Average Daily Flow Basis (2) 3 Adjusted Treatment Plant Capacity @ AADF 4 Annual Average Daily Flow - Existing System (3) 5 Remaining Capacity (AADF) at Existing Plant 6 Percent of Total Capacity Remaining 7 PercentofTota! System Capitalization Recognized Capital Costs of Existing Facilities 8 Existing Facility Costs (4) 9 Additional Costs (5) 10 Less Assumed Retirements (6) II Less Grant Funds and Other Contributions (7) 12 Total Applicable Capital Costs of Existing Facilities 13 Estimated Amount Allocable to Future Growth MGD "" Million GaUOtul Per Day M:MADF = Maximum Month Average Daily Flow AADF = Annual Average Daily Flow Footnotes start on page 33. 32 Agenda Item No. 10A February 24,2009 Page 287 of 462 Agenda Item No. 10A February 24, 2009 Page 288 of 462 Attachment C-1 County Ordinance No. 2007-52 County Ordinance No. 2007-57 County Resolution 2008-202 .~ ~(\) J \; \ j ~ fJ-6/?6:s7 Agenda Item No. 10A February 24, 2009 Page 289 of 462 It) . ~ .. ,_ ;.'pJ ~..,:,.;v "- ,'1...:> ~7);. ". ,-..;:, ~~\ "', <;;; ORDINANCE NO. 2007 - ~ ;;; ~ CE OF /cOLLIER CO~FLORIDA, AMENDING SUBSECTION (To SECI'lON 74-303 OF AR ICLE III IN ORDINANCE NO, 2001-13 (THE LIDATED IMPACT FEE ORDINANCE), TO SPECIFY THAT WATER AND SEWER IMPACT FEES FOR NON.RESIDENTIAL USES AND FOR RESIDENTIAL LIVING AREA GREATER THAN 5,000 SQUARE FEET (OR HAVING MORE THAN FOUR TOILETS) SHALL BE DETERMINED BY PROJECTING AVERAGE DAILY FLOWS AND NO LONGER BY THE SIZE OF THE SERVICE METER; AMENDING SCHEDULE TWO IN APPENDIX A TO THE ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. y ) \4") 'X l~~ ~~ .~ \ ~ WHEREAS, on March 13. ZOOl, the Board of County Commissioners of Collier County adopted Ordinance 2001-13, the "Consolidated Impact Fee Ordinance" repealing and superseding all of the County's then existing impact fee regulations and consolidating aU of the County's impacl feo regulations into that Ordioanco, codified as Chapter 74 of the Collier County Code of I...aws and Ordinances (the "Code"); and 'VHEREAS, the Collier County W ater.Sewer District contracted with Malcolm Pimie and with the URS Corporation regarding these impact fees. and both consulting firm. have recouunended to staff that water and wastewater impact fees that apply to noo~residentjaJ uses, or that apply to residential uses that havc eithcr living arca of 5,000 or more square feet. or irrespective of~~ sq~ footage will ha.ve more than four toilets, no longer be determined by the size of the applica~ s~e meter, but shall be detennined by the BRC value that ",suits from applicable projected average djlijy flows: and WHEREAS, having reviewed the Con,oltant'. recommendations, staff con= and,tberefute is recommending that the Board of County Commissioners adopt the attached Ordinance: to amend the current Ordinance and the attached Impact Fee Schedule, both of which will accomplish the results recommended by Lbc consultants. ~ NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY tV) J~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: R ~ECTlON ONE. Sub.ection (d)(2)(g) in Section 74-303 of Article ill of Chapter 74 of the Collier ~\J ounry Code of Laws and Ordinances (the same being Ordinance No. 200l~13, as amended), is hereby amended to read as follows: ~ ~ "g. }{HHi famHYlmit, 61::lfl16K, mabile ksme aT ~a':el trailer Rl6f8aaenal yehiele UBl3aet ~e!l ehall13e l3'ald te tI-.1!! saaat)' Elt tite largest Elellal' affle1il1t basset tI~8R me peBBit/apaee, arthe meter si~ as aeteflBiaea ey BpI'J)iFl&, OrBiR&BS8 N 8. 97 17 as meR amended eraapeE6eaea. In Mia e":ent ~e ) meter SIi5e sale~lmiBB Fe6ult5 in a larger initial ~ajlll..t Bf 61:l6B impast faea ~an "eule! r!sl:ilt by } afl'flieBtisn Elf the pe:r.=mit;lQpEles eB:1.sl:IlatisBs. t:B8 p~'rH' af sasR IBFger init:isi ,,:alar sneller 8&'::er . ~ ffapa.et fM.& sl\aU 8e eBti~a. te impaet fee epeEJita agaiBlil ael.eliB.sfl6l Uflits as 9ailemg peFBlita fur !tsse aElelitien'ialllRir;s He issues by tft8 681:Hl.~' "." iddR tfiat as -elepmeat. Staff is atifheR2iea 18 \\: B:flprs':e aael gr:ant &ugH epeEiit9. Water 8I1d wastewater (sewer) imnact fees forindividuallv metered \ water and/or sewer service to residential use of less tltan 5.000 SQuare feet livlnl! soaco and which \. ^ will have less than five toilcts shall have an ERe value of one. Master metered service to Iesidential ~'\ 'J J use of less than 5.000 SQuare feet liviD!:!: soace and havine: less than five toilets shtill be determined bv '\ the soecific imoact fee value assie:ned bv Aooendix A. Schedule Two. Individuallv metered service _ and master metered service to non-residential uses. or to residential use havine: livinll area of 5 000 >(J Underlined text is added; Illl"l.wl: ~M:all;h text is deleted. Agenda Item No. 10A February 24, 2009 Page 290 of 462 square feet or more or service to residential use having less souare footage but having fiVe or more t~ilets. shall be detMmined bv the ERe value that results from nroiected avera~ daily flows. ~;ected averae dailv flows for residential use of 5.000 sauare feet livimr area or more. or to have more than four toilets. shall be determined bv &'DDlviDll Rnnlicable nrovisiDlUl in the then CllI'I'Cnt ew don of the Florida Plumbimr Code. Proiected averB.2e daily flows farnan-residential uses shall be determined bv calculatin2' the anolicable nrovisions in the then cwrent edition of the Florida Plumbintl Code comoarcd with the 8Dolleable orovisions in the then current editions of the Florida Administrati vo Code. The correct avcnl2e daily flows for non-residential uses shan be !he !!rester of the Florida Plumb;nQ',Code calculation or the Florida Administrative Code calculation. .The Public Utilities Administrator or authorized dcsimees shall have final BDnmval authority with reEard to these imoact fee calculations." SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other -applicable law, the more reslrictive 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 a separate, distinct, and independent provision and such holding sball not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of thilil Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County. Florida. The sections of the Ordinance may be :renumbered or re-Iettered and internal cross-references amended throughout to accomplish liuch. and the word "ordinance" may be changed to "section," ..article," or any other appropriate word. SECTION FOUR. EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County. Florida this~dayof s.o<", ,2007. ATTEST: ...... DWIGHT. E. BR~,".. CLERK ~~ti~O-~'~L ::'t~"~~.ltl1all I '~~n4tvr. cia}". ',"., " Approved as 'to "form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS OF COlLIER COUNTY, FLORIDA By: :i!::ti~tan By:---..nv,^ (lI~ Thomas C. Palmer, Assistant County Attorney PIlge20f4 ihis orcUnonee fllei! wl"h the C'l~toryo~(.~lS ~_doyo , ..;d. ~""JCknow\edgeml.!f.1 ;:..;. that' f,"~<~^'l-' j. ,(,1'1.. day ~'" "'" c.l>"tr~ ~telttliadde:d; ~N~i IoFfljI~gltlel[.ti,delc[Cd. Agenda Item No. 10A February 24, 2009 Page 291 of 462 APPENDIX A SCHEDULE TWO: WATER AND 1~~\bTEW} 'I'ER SEWER SYSTEM IMl'ACT FEE RATE SCHEDULE -', >.... 'VR~.l~" .. :;\:. t. ..~ Jt. ,:,_., ',' , II'IDP'I!;)UAilX Ml!lloRBD !lRG W:\.lhl{ SE~tgR U'r~lC &:P,A.C8 B AglE gp FEE MlotllR lJiiJ&ialent IMP.A.cr' IMP,',cr (SQ.l'T ) ."ll..Q(, A TI(>>T =- RalllMftl:i&:l l"I>&- FEE- CBBIl.!.St.iSR) Q to 1,999 (MID NQ MORE PER UNIT ;;w..-- .j- $3,H..QQ $3,.15.\lG :rIL'_'l 4 B ATIIR{)()HS) 5.GQQ OR HOF.E 1l.'\&1l9 ON (OR I IDlH3 PBRllRC PBR llRG ftQPM- !lRG $3,>15.00 TK.'.N4 21)!;3\l] 11 }.1iRimum BATHllOOM.) $3, 11S.OO ..:.If.:.u..~~:u....;...,......~.~.'ft~t~ ~"u'- "'Voo.'lo~"rl:oJ.;";", '...."~.~...;;l~ .. .. MA8TeR IY!lgp~ J..P.'I!>lC gaG W}~'I'RR SBWBR lL\SIO: OF PIlS MEIllR sp,.\CE (.0.. fIi.lItl:hahult IMPf,CT IMR',Gl' .\LL.QCf.TION =- ~Uid!l!ti&l. H.j-- Go.....a..t- flSE-- JiBS- Qte 7SG PoBRUNIT PllR llRC ~ $l,12..QG $J,I6Q.QQ 751 Ie 1,509 PBR LJNlT PllR llR C M+- 2,209.9Q 2.3SS.9Q 1..91 'I'D 1,909 PIlR lJIolIT I'IlR llRC W- 3.11j.OO 3,.l15.99 5,900 OR ~ MGllB l'FlFo f\GPM- ON IORC (OR 1,IOP.E I'IlR llRC ORDINJ _"lCE 21)!JG] I } {iniHntm 3,SU'.Qg TH.\N 4 <- 3,ll;,QQ IJf.THRQOIIE) 1~~~i\oL .....f.'t:~,~~:;.. "~.; .. 1..tT.....TER Mi<lJ<,K .Im ERG- W:\TeR R1P.~cr SllVI'BR lMPACT VI>E OR CCJ\'J.'SD Ri\NGE FBB BQUI'V:\UlNT f- l.HN- I MAX- MIN- ~ Y4- ~ .j- $3, HS.QO t3.SlS,oo , .j- H- ~ 3,7;7.00 8,!i38.QQ 3,8€7.99 8,788.00 .J.--lI2- ;;,e. 3- 8,879.00 17,On.oo 9,129.90 17,575 ~ ~ g.. 17,11').00 27,320.QO 17,927.QO 2.,IJQ.09 ;;- 8+ ,54,9- 27,..2.00 187,181.00 28,172.00 192,971 4- ~ ~ I n,SJ5 .00 11Q.191.oo ]93,32S.9Q 153,091.00 e- ~ ~ 410,535.00 1 ,2:!2,229 ,GO 453,05,00 1.~5g,QI9.00 8- ;W; &00- 1.322,579.00 2,Q19,000.00 1.2>8,379.00 3.IQ9.0G Underltned !.ext1S added; ~S1lak l1'r g}, text is deleted. Page 3 of 4 Agenda Item NO.1 OA February 24, 2009 Page 292 of 462 / INDIVIDUALL. V METERED SERVICE E.BQ BASIS OF WATER SEWER LIVING SPACe (SO.FT.) VALUE FEE IMPACT FCES IMPACT FEES o TO 4.999 $3.415 ~. (AND MAXIMUM OF 4 1, Per ERG TOILETS) 5.000 OR GREATER ADFI350 $3,515 (OR MORE THAN 4 ERG VALUE x TOILETS) Imln value of .LQJ. Per ERG $3.415 (rounded to (minimum value ERG VALUE x Non-Residential the nearest ailli $3.515 (minimum ~ value $3.5151 MASTER METERED SERVICE LIVING SPACE (SO.FT.) ERC BASIS OF WATER SEWER VALUE FEE IMPACT FeES IMPACT FEes Residential UnIt - 0 TO 150 0.33 Per Un" $1,125.00 $1,160.00 Residential UnIt -751 TO 0.67 Per Un" $2.290.00 $2.355.00 .1&lQ Residential Unit - 1 501 TO 1 Per Unit $3.415.00 $3,515.00 4.999 Residential Unit - 5.000 OR ADFI350 GAEA TER (OR MORE THAN $3,515 4 TOILETS1 lmm valu& 01 ERG VALUE x :LQl Per ERG $3.415 (minimum (rounded to value S3.415l ERG V AWE X the nearest ~ Non~Resldential tenth) (minimum value $35151 ADF- OR- eRe- ONY K . Averaae DaIIV Flows for DroDOSed use as Drovlded bv EOR or Authorized Re resentatlve En Inee 01 Record for ect E ulvalent Residential Connection Underlined text is added; r~ah. tb-a ll.!:k text i~ cIeleted. Page 4 of4 ORDINANCE NO. 2007- 57 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE IMPACT FEE RATE SCHEDULES OF APPENDIX A OF ORDINANCE NO. 2001-13, AS AMENDED, KNOWN AS THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE; INCORPORATING BY REFERENCE THE IMPACT FEE STUDY ENTITLED "COLLIER COUNTY IMPACT FEE INDEXING STUDY;" DELETING THE REQUIRED USE OF INCOME DERIVED FROM THE INTEREST BEARING IMPACT FEE TRUST FUNDS; PROVIDING FOR CHANGES TO THE PROVISIONS RELATED TO IMPACT FEE. WAIVERS AND DEFERRALS FOR SPECIFIED CHARITABLE: ORGANIZATIONS; AMENDING THE SPECIAL REQUIREMENTS _ FOR EACH OF THE INDIVIDUAL IMPACT FEES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF JANUARY I, 2008. . , WHEREAS, Collier County has used impact fees as a funding source for growth-rela.ted capital improvements for various facilities since 1978; and 'WHEREAS, on March 13. 2001, the Board of County Commissioners adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superseding all of the County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier County Code of Laws and Ordinances (the "Code"); and WHEREAS. in October of 2002 the Board of County Commissioners directed that during the upcoming required three-year updates of the individual impact fees that methodology also be developed. to provide for the annual indexing of the fees in the years between the formal updates; and WHEREAS, 011 February 28, 2006, the Board of County Commissioners directed. that the indexing methodology for each of the impact fees be reviewed and revised, as appropriate, to reflect localized information; and WHEREAS, Section 163.31801, Florida Statutes, which is the Florida Impact Fee Act, requires the most recent and localized data be used in impact fee calculations; and WHEREAS, Collier County, retained Tindale.Oliver & Associates, Inc. (the "Consultant"), to complete the study to localize the indexing methodologies; and WHEREAS, the Consultant worked in association with Robert W. Burchell, Ph.D. from the Center for Urban Policy Research, Bloustein School ofPlanningIPublic Policy at Rutgers, to develop a legally defensible indexing program, specific to Collier County; and WHEREAS, the Consultant has prepared an impact fee study entitled "Collier County Impact Fee Indexing Study" dated June 11, 2007 (the "Study"); and WHEREAS, Collier County uses lmpacl fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated hy growth in Collier County; and WHEREAS, the Study recommends four revised measures to be used. alone. or in combination. to calculate the annuallndex for each of Collier County's impact fees; and ~le~\i$adoed:!;BUil\JlTBll~ICXlisd~lcled Agenda Item NO.1 OA February 24,2009 Page 294 of 462 WHEREAS, the recommended measures and corresponding percentages of increase, in combination with the adopted indexing methodology provide the basis for the annual index for each ofeaIlier County's impact fees; and WHEREAS, the proposed revised fees are incorporated in Schedules One through Ten of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinance (attached); and WHEREAS, the study methodology has been reviewed and agreed to by Collier County's outside legal cOlU1se~ Nabors, Giblin and Nickerson, P.A.; and WHEREAS. staff has thoroughly reviewed the calculations and fmdings and concurs with the results of the study, and recommends that the Board of County Commissioners adopt this Ordinance to implement the recommended changes; and WHEREAS, on April 10, 2007 the Board of County Commissioners directed that the provisions related to impact fee waivers for specified charitable organizations be amended to instead provide deferrals to such charitable. organizations; and WHEREAS, the adoption of this Ordinance incoTporates provisions that amend Section 74.203(i) of the Collier County Code of Laws and Ordinances related to charitable organizations by providing impact fee deferrals to qualified entities and requiring that deferred impact fees be pald to Collier County upon such time that the premises is no longer utilized by the qualified entity or the entity ceases to operate in the specified charitable capacity. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article 1, General, Section 74-t06, Adoption of impact fee srudies, of the Collier County Code of Laws and Ordinances is hereby amended to rcad as follows: Section 74-106. Adoption of impact ree studies, The board hereby adopts and incorporates by reference the following studies with regard to the respective public facilities: ... .Ll.ll lndexinf!: "Collier COlUltv Impact Fee lndexine Studv" ~ated June 11. 2007. prenared bv TindaJe-Oliver and Associates. Inc.. in association with Robert W. Burchell. Ph.D.. to be uodated annuallv. ... SECTION TWO. Article II, Impact Fees, Section 74-203, Use offunds, subsection (e) and (i) ofthe Collier County Code of Laws and Ordinances is hereby amended to read as follows: Sectiou 74-203. Use of fuods. ... (e) All funds on deposit which are not then immediately necessary for expenditures shall be invested by the county in compound-interest bearing trust fund(s). AU iBs8mIaJ derived ErElR'l SUEA ifl\'6SBTlt'lffie shall BE! llepesiteEl ia tae ape-siRS iHlf3aet fee tRiS! ruR8. frElm ',yaieh the if1'\'sstea fliREl.S eame. T8 the 8l(.teat flat flF8meite!:l BY lll'.,,', role. regulati8R sr 68Htfaet (iaellidmg BSBEl ~leJ;liladded;gIrBllilfUllgflte~li5d~1<:t<:d PllgC2 of25 Agenda Item No. 10A February 24, 2009 Page 295 of 462 8SY6RSfl.E5), iBt6nst taaa &aeroad in tr.e Fespeea\'6 trust lima shall 138 W9SQ te :fuJl)' [\azul "Rst fer fJl"sthU 8haatahle salify impaet [<ess \\'Sj':SFS. :'-eemel! interest in efte tnist funli shall Bat 'Be lElaRsa te, tml1Bfilrrea. te, aT etheF"is8 Be tnate8. t6 the sleEth Bf any ether Ems! funs aT B:fi)' atHer 8eSel:iflt. l.m1saet fee ';:aiyefS grarJ;ed BY the seare. shaH Be paid frsm aeeruea. interest Rsm 13W3R l:n:1st fuaa arrestee 1;))' the "'a:i\'SfS. I8 the e','6Rt ~e saminiaeter sf a Fe8fleea':e !ru:st fuRd 13 sf tr.e spinieR tf.at theft B.S6Riea iaterest in 1:ke rSS}:lBSa':e ifR13aet fee tfaat fuRd is inStitlieieRt t6 :fuRS tfle thEIR flsssiag rl3eglBBtea '''ai'lSFS, the mBiuger sf eae-l3. slisR lErust fu:aa shall Ratify the SSlir.t)' ffJa:B.ager iB '\'FitiFJg Elf the [ae1l1al ami legal B&561i fer theBe epialsRS. .~.eeFliea mtersat shan Be aesmsa t8 use Bvailals161l 1a fWl8 t-R8ge "Ret fer pFeRt, ehw=itaele sahtj'" ?'ai':ef6 1:ln~eIiB there tflefl enLists an aeRial legal premaitian whereby tRat assroBl:t iRtsFest saronet legall~' ae asea fa funEl ilia raefliss'.:es. ':;ai\'ers. ... (i) Impact fee ";ai"sFS aF deferrals available to charitable organizations llDd charitable trusts, These impact fees waWef'5 deferrals are available only to eligible to not-for.profit, charitable entities as specifi:ed herein, The cumulative total of all nDt-for-profit waWefe deferrals in each of the county's fiscal years shan not exceed S200,000.OQ, If the total amount of impact fees ~ deferred pursuant to these provisions in a fiscal year is less than $200,000,00 (or is Jess than the higher total in the funding account for that fiscal year because of prior cash carrying~forv.rard) some or all of the sum of money not wei-Ye4 deferred can be carried forward and thereby be .dded to the $200,000.00, to . m.ximum b.lance of $500,000.00 funding for the next fiscal year. ~ iImpact fees collected by the county for water, wastewater, educational facilities fi6F and fire impact fees shall not be waWed deferred under these provisions. (1) Entities eligible for waWer& deferrals. These ~ deferrals are available onJy to charitable, not-for-profit entities that provide services of substantial benefit to low income or very low income residents of the county at no charge or at reasonable, reduced rates, and no part of the net earnings of the entity shall inure to the benefit of any private shareholder Dr individual, and the entity complies with at least one of the following: a. TIlt:. entity is descnbed in subseclion 501 (C)(3) of Chapler 26 of the United States Internal Revenue Code as a corporation, a community chest, a fund, or a foundation, organized and operated exclusively for charitable purposes, or for prevention of cruelty to children, and is then exempt from taxes under Section 501(a) therein; or b. The entity is described in Subsections 501 (C)(4)(A) and (B) ofCh.pter 26 of the United States Internal Revenue Code as either a Civic League or an organization not organized for profit, is operated exclusively for the promotion of social welfare, and is exempt from taxes under Section 501(a), therein; or c. The entity is described in Subsection 501(C)(20) ofCb.pter 26 of the United States Internal Revenue Code as an organization or trust, the exclusive function of which is to form part of a qualified group legal services plan or plans within the meaning of Section 120 as referenced therein; or ~tell:liSldder.l;J:IfUI'il~glltcxtirdeleled Pace3or2S Agenda Item No. 10A February 24, 2009 Page 296 of 462 d. The entity is a bospital, a cooperative hospital service organization, a medical research organization, or similar organization under any provision within (or referenced) in Section 501 of Chapter 26 of the United States Internal Revenue Code and the entity is exempt from federal income taxation; or e. The entity is then exempt from Floridals annual and nonrecuning intangible taxe, pursuant to F.S. i 199.185(4), as a "Charitable Trust" and at least 95 percent of its income is paid to one or more oftbe above-listed. fedora! tax exempt entities. (2) Amount of waWePs deferrals available to applicants. Subject to not exceeding the amount of impact fees paid (or to be paid) by the applicant to the county. the applicant may request W<lWef& deferral, of all impact fees that are wID"..l. elilribte for deferral under these provision" but no applicant shall be granted more than $100,000.00, or 50 percent of the available funding, which ever is less, ofnot-for-profitwaWefs deferrals. (3) No construction that has obtained an affordable housing deferral under this article shall be eligible for any waWeF deferral Wlder these provi~ions. No construction that has been granted a weWer deferral under these provisions shall be eligible for any county affordable housing deferrals. (4) .'\PJ31ieati6a~ Reauests for ~ deferrals pursuant to this section 74.203. a. Except as specified in this subparagraph a., the applicant must file a written waWef request for deferral BfI131ie&tisR to the county manager not later than concurrently with payment of the respective impact fees. The county shall not accept any such applieatieB8 reauests after the respective impact fees have been paid to the county except in those instances when the Collier County building permit that authorized. the respective wei-Yer eligible development was issued after September 7, 2001 and before October 13, 2001 and the development paid the applicable impact fees in full, The applicant can avoid payment of impact fees (up to the maximum amount of impact fees that may possibly be waWed deferred for that appl~cant) only when it is possible that the board may grant the requested watvef deferral before the respective impact fees become due and payable to the county. The Itj3fllieatitln written reouest must prove all of the applicable aboveM specified elements that render the entity eligible for the requested ~ deferrals, including the required tax exemption(s). The county manager may request additional infonnation deemed appropriate to ascertain the applicant's eligibility fOT the requested ~ deferrals, including criteria noted in F.S. 99 196.195 and/or 196.196. b. }Ie prieFitj' shaY ee gi~'ea te B:B)' ~pl:i6atieR eases. ea EW)' "lirat seme, }i.ps-t sen'ea" basis. The COlmty manager shall review each IlfI13Iieaasa written reauest to determine eligibility for the requested waWeFa deferrals. Within 30 days after receipt of the:: fl:l3~lieation reouest, the county manager ef\etH:el shall inform theiapplicant in writing whether the af3f1lieatiea reauest 15 complete. If the al?f1lieatieR reauest is incomplete, tRB Bfl13lieatisR ma)' 13e retliffiBa ta the applicant, shall be notified 9}3eeifYIRg in writing why the Ell3F11ieatisR VIlI'itten reauest fails to prove that the entity is eligible for the requested ~ deferrals. After receipt of such ~it.>:tl~~dd~;& illhn g~ll:"ti~delel.::d Puge4 oC25 Agenda Item No. 10A February 24,2009 Page 297 of 462 notice, the applicant shall have an additional 30 days to re-submit an amended af'f1lieatiElR reauest. Failure to meet this deadline shall. void the appHcantls eligibility for the requested ~ deferrals unless an extension is granted for good cause at the county manager's discretion. c. After lH1 apfllisi?J:isa a written reauest is determined by the county manager to meet the above.specified minimwn filing requirements, the county manager shall promptly place the ap13lieetisa. request on the county's manager portion of the board's agenda, The fiscal year in which the waWep deferral &j3flliaatisB is granted or denied by the board shall be the fiscal year that applies to the a"lieation request. The executive sununary shall specify the criteria deemed by the county manager to render the applicant eligible (or ineligible) for the requested waWers deferrals, and shall include the county managers recommendations whether the board should grant the request in whole or in part, or should deny the request, along with a proposed resslHtisR alITeement that may be ~ executed by the board that Bantams speeifie HHamgs that the Bfl'flliaar.t is (aF is Ret) eligible fer Aie FSflHests8 wai','8fs. No reselatisFl al!feement shall apply to more than one applicant. Wai. 8F5 gI"aated sfla:Il BE! aHa! !mE!.. sarea immEleiately liJ38R assl3tisE ef tHe FssslLitisA. The agreement shall be Dreoared bv the County Attornev's Office consistent with this chanter. (5) Not-for~profit waWer..s deferrals are discretionary and the board's decisions are final. At the conclusion of the deferral oeriod the subject imnact fees for the then-current use are due and uavable. (6) The county manager may adopt additional generally applicable procedural rules with regard to applieatiea requests provided 'those rules apply to all similarly situated applicants and do not impose additional mandatory eligibility requirements upon any applicant. (7) No construction that has applied for or obtained Fee Pa.yment Assistance Ffunding under Chapter 49 of the Collier County Code of Laws and Ordinance, ,hall be eligible for any wak<ef deferral under these provisions. No construction that has been granted a ~ deferral under these provisions shall be eligible for any county tEee ~r.aymen1 aftssistance funding. SEcrION THREE. Article Ill, Special Requirements for Specific IYpes of Impact Fees, Section 74-302, Special requirements for road impact fee, subsection (g) of the Collier County Code of Laws and Ordinances, is hereby amended to read as follows: Section 74-302. Special requirements for road impact fee. ... (g) Annual mid-cycle road impact fee rate indexing. Beginning November 1, 2002, the county shall commence a three-year road impact fee update cycle pursuant to subsections 74-201(b) and 74-502(.) of thi, chapter. On or ..oat t18','.mber 1, .f Durin!! each of the two mid-years betvv'een updates, the county shall implement indexed ~tcxll~ad(jed; !:\Jylll;1J"uOIgt ~lC\i5dekl~ Page:;oflS Agenda Item No. 10A February 24, 2009 Page 298 of 462 adjustments to the cost components of design, utilities, mlbgation. interchange, carrying cost, construction. engineering, inspection ~ the Don-land components of right-of-way acquisition costs eased an tae Fleriaa DeflaflfRsFtt ef TFa:F.lFi]3l3rtatiea PAss Tren::J.as IRB61t. B.B:geEl BE the three year \::1.isteFieal tnBEl., ';'sighteEl B:B 25 f1BF6ElFlt sf the ms-en. The iaaslt adjustment fa and the land value component of rights.of-way costs ~ based on tRe tea yeer Ris\:aFieal BeREI iA tet;a.~ jl::lst "8.1985 fSF all f1F9f1srty as uflaateEllll'lBl.iallj' By!a:lC? Cellier Ce~' Pl'spenty .(-p~raiBer, .veigktse as '?S 136rsent of the iaasTc The ar..Bbls1 mereasee; ia the tetEki just ".wlles fur aJ.ll'ra~efty sAwl se BB:!3flsa at JS ]3ereeffi fer as)' given year iRehu!eel iR tRB a\'srage. Hid syele iBa51:es Fate ehange aajusftBeB!S shall ee aElsfltea BY a reSShiaSft aftBe BaarS. 131i:FStiaflt t8 s\;lBseetisR 71219(13) efthis ekBf!ter. the Dercentae:es of increase set forth in the adooted "Collier County Impact Fee Indexine Studv" nreoared by Tindale-OliYer and Associates. me.. in association with Robert W. Burchell. Ph.D.. as undated annually and in accordance with the indexinlZ methodoJo2'v soecified in the current and adooted road imoact fee study. SECTION FOUR Article Ill, Special Requirements for Specific Types of Impact Fees, Section 74-303, Special requirements for Water and/or sewer impact fee, subsection (g) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: SectioD 74-303. Special requirements for Water aDdior sewer impact fee. ... (g) Annual mid-cycle water and sewer impact fee rate indexing. Beginning January 1, 2005, the county shall commence a three-year water and sewer (wastewater) impact fee update cycle pursuant to subsections 74-201 (b) and 74-502(.) of this article. In each of the two mid-cycle years (between the formal three-year updates) eHG eegiBfli~ SR af a1:le\lt J1U1El 1,2995, the county shall implement indexing adjustments to each water and sewer impact fee amount by ffil:l.ltiplying the tftee 6affl:!Rt .. ster ami 136\'1, er imJ3aet f~e rates by a fFaetien, tae IHHRerater sf',vhiek sRaIl Be the oercentae:es of increase set forth in the adooted "Collier Countv fmDact Fee Indeximz Studv" orenared by Tindale-Oliyer and Associates. !ne.. in association with Robert W. Burchell. Ph.D.. as uDdated annually. and in accordance with the index stated in the board resolution (or ordinance) that implements that indexing SiRe taB densmiRatar sf the ftasaell. shall aJse 138 that inEle1t fer BBe ) ear pFier te tAI3 peFiea. 5j3eaitieQ in tAe RWB.erater. MiS. e~ SIB tnse7rsa ifflJ3aBt fee rate ElRange aajustmsAts may Be aeeptea by a beara rssetatieR(s) sr ardhuiHGe(s). Water and ',vastewater sewer impact fees shall be increased by indexing only to the extent that increases resulting from indexing exceed the assumed inflation rate used to calculate the then applicable impact fees. SECfION FlVE. Article Ill, Special Requirements for Specific Types of Impact Fees, Section 74-304. Special requirements for Parks and recreation impact fee, subsection (g) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: ~lelll;i.dded;G~lel(l(ide\e\ed Page6or25 Agenda Item No. 10A February 24, 2009 Page 299 of 462 Section 74-304. Special requirements for Parks and recreation impact fee. ... (g) Annual mid-cycle parks and recreational facilieies impact fee rale indexing. Coltier County Resolution No. 2002-304, adopted June 25, 2002, established a parks and recreational facilities impact fee rate schedule three-year update program, which commenced on June 25, 2002, pursuant to subsections 74-201(b) and 74-502(a) of this chapter. Qa aT aeeut Ha~' 15 sf During each of the two mid-years between updates., the county shall implement indexing adjustments to each park impact fee amount~ Be' elepmeat eest 6sR'lflBaeat Elf the fea, "::B:iek is Jg per-eBm af the lata! esmmanity flaFk fee e:a.el. SeyeR {3efBeBt afthe teta1 regienal paR: fee sRall Be aajaatea. Bj' the BAar.ge iT. the na.tieBal EBgiRseRRg }Je';:a R-eSBFEl CeerikueSBR CBst Inelsn S"ler tEe mest TeseRt 1~ Efl8REB flBRed fef 'l:bieR tHB asta is 8\'aila'ele. The lane east eSffiflBaeBt sfthl! fee, '.-.flieh is 82 pereeRt setke tettH eet'TI:Bumity par.J.( fee aAa s.'J parseRt setae t8tal regisRad p8:fl( fee, sABII \3e arijuGlte8. basee SB tAe l'ersBfltage ehange iR tfl8 eSl:lIlt~' "'ie!s just laBa "alaas eYer the mest raeset 12 memth flefis9 fer "'Aisk data is &\'aiIa:l3le Hem the Callier CSl:ffit) PrepeR)' AJlflra.iser, prs"ie8e t:Aat the tatal issreas8 ia the lane eSRlflBB8Rt iB any ~'ear sAall flat en.eeeEl 13' peFaeat. Hid ej'ele iaaenea Fate eamga adjl:lGtm.snt5 6fta~J ee 8a.aptea hy-a--feselutisFlsftI:t6 eaBf8 pursuant ts suassStisR 71291(8) efmis aDapter. based unon the percentages of increase set forth in the adoDted "Collier Countv !moact Fee lndexine Studv" Drenared by Tindale-Oliver and Associates. IDe.. in association with Robert W. Burchell. Ph,D.. as undated annually. and in accordance with the lndexine methodololZv snecified in the current and adooted Darks and recreation irnoact fee study, SECTION SIX. Article III, Special Requirements for Specific Types of Impact Fees. Section 74-305, Special requirements for Library impact fee, subsection (g) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-305. Special requirements for Library impact fee. ... (g) Annual mid-cycle library impact fee rate indexing. Beginning on May I, 2004 the county shall commence a three-year library system impact fee update cycle pursuant to subsections 74-20 1 (b) and 74-502(a) of the Code. OR aT aflsat Haj 1 sf Durin!! each of the two mid-years between updates, the county shall implement adjustments t6 61:l.i1aiag e8sts bases Bf:lOR tl:te sailaiBg east iaaeJt flre',>{B.S8 by the Engineering News ~e6Elra &ad n, eighted as 6Q perseat eftb.e m.aelE, plus the library items s65tS, sases 6fl the ':sRsHmer PRee lna:u far tae Miami Ft. Lauelerdale area pre'Adea Bj' the Bureal:l. ef Laber Statisties, weigated B:5 27 flsfeeRt Elf the masn, flh:ls tlie taB year tr6,FlEl fer ffiBf"-l:et , alH6s efeeunty",;iele la1'lB (iBehaeliRg B1::lilsiRgs B:llS stroetW'8s) pahlilSDsa B) tHe Callier Ceanty Prepert)' .\t3:f)FMSerS Omee, weisl-.-tea as 13 f1eraent sf ilia iRG811l. Mia e)ele iaBe:l(aa rate ehange aaj\i5tffleats ..ill Be aaeptea. ej a reseh::ltisB eftRe Be~a f)blFSliaflt tEl saesBetieR 71 291EB) eftftis 6AEll3ter. based uoon the oercentaees of increase ~l">:;lis.ddw;Sl"l~ ,,1\c>:;lu.dclellX! PaEe11)r25 Agenda Item No. lOA February 24, 2009 Page 300 of 462 set forth in the adonted "Collier County Imnact Fee Indexine: Studv" oreoared bv Tindale-OJiver and Associates. Ine.. in association with Robert W. Burchell. Ph.D.. as uodated armuallv. and in accordance with the indexinlZ methodolo2v soecified in the current and adooted library imoact fee study. SECTION SEVEN, Article Ill, Special Requirements for Specific Types of Impact Fees, Section 74-306, Special requirements for Emergency medical services impactfee. subsection (g) of the Collier Counly Code ofLaws and Ordinances is herehy amended to read as follows: Section 74.306. Special requirements for Emergency medical services impact fee. ... (g) Annual Mid-Cycle Emergency Medical Services Impact Fee Rate Indexing. Beginning on February 28, 2006 the county shall commence a three-year emergency medical services impact fee update cycle pursuant to subsections 74-201(b) and 74- 502(a) of the Code. In each of the two mid-cycle years (between the formal tlrree-year updates) eegiRRiftg OR sr a68~t .~flFill, 2907, the county shall implement adjustments to the emergency medical services impact fee rates throllga aajli:Btm613t5 te lens, lnl:ilel:iRg, afI8 e~uiJ3ment 813.6tS sasea 8ft jllBt preflerty '..ahies pualisReel 1:1)' the CsIlietr Callat)' Prsperty Appraiser's Omes, Bl::lileiflg ElBst maEm published by the EBgiaeering He"","B Resers, ana tAe CeRswner PriGS me.eK pUBHshed by the U.S. Department sf LaBer, Bureau efLa.eer S:tatilStiss as speciaeEl. in the impaet Fee liflBate. sma)', Mid By~Je H1ElsJ:eEl r-ate 6Rliflge afijustfReRts shall he aelaptea. 8:" a reselutieR ef tHe Beard pij.FStloot te sl:H3SeetieR 71 201.9. sf this SHaflter. based uuoo the nercentalles of increase set forth in the adooted "Collier County lmuael Fee Indexin2 ~tudv" nreoared bv Tindale-Oliver and Associates Inc.. in association with Robert W. Burchell. Ph.D. as undated annuallv. and in accordance with the indexinQ' methodolollv soecified. in the current and adoDted emereencv medical services imoact fee studv. SECTION EIGHT. Article l!1, Special Requirements for Specific Types of Impact Fees, Section 74-307, Special requirements for EducationalfacUities impactfee, subsection (g) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-307. Special requirements for Educational facilities impact fee. ... (g) Annual mid-cycle educational facilities impact fee rate indexing. Beginning on May 9, 2006t the county shall commence a three-year educational facilities impact fee update cycle pursuant to subsections 74-201 (b) and 74-502(a) ofthis chapter. Oa Sf aae1:l-t 1\1a) 1 af During each of the two mid-years between updates, the county shall implement adjustments ta l3ij.ilaing 88St~ easeS t:lfH3Fl the 13uilEli1'lg 88Bt iA.Bel! flMnielea 13:.' the Engineering Ne'\,s Resent ElfIe 'waightea as 79 flereeat sf the iaae)(, ]31N8 the BquiI3mef\t B:I.a ., ehiele 566t5, eases SF! the CSR.51::lffier PnselRaen for the Miarn.i yet. LBBderdale B:rSR ~\c~ti.addcd:rlrlh1hrQ\lgAlCxti5dell:1n1 PagcBonj Agenda Item NO.1 OA February 24, 2009 Page 301 of 462 flTEI\'idea 13)' ~he Buroou sf Lassr Statls1:ies, '.vsightet! as ninE! )'lsreeBt sf the iRes);, pl1ti3 the tell ~'ear mstsRsaJ keRB. i:R tetal juat \'aJaes t"er aU ss1:IDfJ'\, iae f1r8FH:~ft~,. (i13.s1uaiag 'etHlaH.gs afla eB<u.et1.Hes) fH.mhaAEl8 BY ilie Callier CSBBt)' PreflSFtj' Ai3fll'aiser's Ofiise, v'sightea as 12 f3srssRt erthe ituleJl. Mia srels iH8.l!lH!8. Fate shang!! aajlistmel'lH; saall tJe adeptes 'e~' 11 [6B811::1.t108 sf tHe aaB.:fG pur:ma~b5eeti8n 71201(8) sf this 6flapter. based "DOn the oercentaees of increase set forth in the adooted 'tealIier County Imoact Fee Indexinp Studv" oreo<lred bv Tin~Hle-Oliver Rnd ASRnciates. Inc, in aJ:socianon with Robert W. Burchell. Pb.D.. as undated annually. and in accordance with the indexing methodology specified in the current and adooted educational facilities impact fee study. SECTION NINE. Article ill, Special Requirement:!> for Specific Types aflmpact Fees, Section 74-308, Special requirements far Correctional impact lee, subsection (g) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-308_ Special requirements for CurrectioDal impact fee. *H (g) Annual Mid-Cycle Correctional Impact Fee Rate Indexing. Beginning on NDvember 1, 2005, the county shall commence a three-year Correctional Impact Fee update cycle pursuant [0 subsections 74-201 (b) and 74-502(a) of the Code. In each of the two mid-cycle years (between the fonnalthree-year updates) Beginai::Jg en af about Ha)' ~ the county shall implement adjustments to the correctional impact fee rates based upon the building cost index rre':ided 8)' the EngiNeering tle":s H.eeere. t iia Sj'eJe iflde1foo--Ht.f:e-Bhar.ge a8justrneRts ":ill EEl adopted BY a fesohnien sf tbe beard fl~ ~tj9n 71 201(13) ef~his sB&j3ter. percentage set forth in the adooted "Collier County Imoact Fee IndexID2: Study" Dreoared bv Tindale-Oliver and Associates. Inc. in association with Robert W. Burchell. Ph.D.. as uodated annually. and in accordance with ihe indexing methodology soecified in the current and adooted correctional imoact fee study, SECTION TEN. Article III, Special Requ.irements for Specific Types of Impact Fees, Section 14-JUY, Special requirements for Fire impact jee, subsectlOn (g) of the CollIer County Code ot Laws and Ordinances is hereby amended to read as follows: Section 74-309. Special requirements for Fire impact fee. H* (g) Annual Mid-Cycle Fire Impact Fee Rate Indexing. Beginning on February 28,2006, the county shall conunence a three-year fire impact fee update cycle pmsuant to subsections 74-201 (b) and 74H502(a) of the Code, In each of the two mid-cycle years (between the fonnal three-year updates) beginning eN Elf eheut Me.~ J S, 20C:, the county shall implement adjustments to the fire impact fee rates thr8b1gh aajustmsn<:s t8 equiflrnel'l.t~-Cons1:nl'ler Priee laae]: fll:l.131ish2el E~.the e.s. J.;)epartrnSRt ef 1!llil-.rJinrRle...li,added;~_~textj,d"l"led Page9ofZ5 Agenda Item No. 10A February 24, 2009 Page 302 of 462 LeBel', Bl:H'saa sf 1.aser Statisties as spealiisa in the im.paet fee apaRta atHBY. ~,fiel eyeIe inaSHe8. fate sRBflge aajaseents shall Be a6.8J!.tea '8;;' a resah::ltiea ef~e aears f1umuaBt 19 saesa&tisB 71 291.'13. sf this ehaflt6f. based UDen the oercentaees of increase set forth in the oo.o'Oted "CoUier Countv Imo8ct Fee Indeximz Study" oreoared bv Tindale-Oliver and Associates. !ne.. in association with Robert W. Burcbell. Ph.D.. as uudated annuallv, and in accordance with the indexioe methorloloev soecified in the current and adonted fire imoBct fee study. SECTION ELEVEN. Article ill, Special Requirements for Specific Types of Impact Fees, Section 74.310, Special requirements for General government building impact fee. subsection (g) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-310. Special requirements for General government building impact fee. *.* (g) Annual mid-cycle general government building impact fee rate indexing, Beginning February 10, 2004, the cOWlty shall commence a three~ycar general government building impact fee update cycle pursuant to. subsections 74-201(b) and 74- 502(a) of this chapter. OH or ..eat No, ambor 1 ef Durin. each of the two mid-years between updates, the county shall implement adjustments is land end lnH:lEling eeets basea ell jl::Lst j3F8f'eft;)' i'afttBS pHblisaea BY the Callier Ce'W'3~' PrafleFty J.;flJlraiaer'a om" lIRa bail.iHg eaGt iHO'" p..liG.ea bj' the Bngineefing Ne'"e Roeere. Mia ej',lo inael;ea Fate 6hange aeljl:lstmeflts shaH Be aasflteel Bj' a reselatisfl. sCthe 9800'8. pW'S1:W1t ts s-Hbseerien 71 201(6) sf tRiG shapteT. based uoon the oercentaees of increase set forth in the adooted. "Collier Countv Imoact Fee Indexing Studv" prenared by Tindale-Oliver and Associates. Inc.. in association with Robert W. Burchell. Ph.D.. as undated apnuallv. and in accordance with the indexine methodoloEV soecified in the current and adoDted Eeneral government buildinlz imoact fee study, SECTION TWELVE. Article III, Special Requirements for Specific Types of Impact Fees. Section 74~311, Special requirements Jor Law enforcemenJ impact fee, subsection (g) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-311. Special requirements for Law enforcement impact fee. *** (g) Annual mid~cycle law enforcemelll impact fee rate indexing. Beginning June 14, 2005, the COUl1ty shall commence a three.year law enforcement impact fee update cycle pursuant to subsections 74-201(b) and 74-502(a) of this article. In each of the two mid-cycle years (between the formal three-year updates) eegianing sa aT [beut .A.Ugu5t I, ~ the county shall implement adjustments t8 lana, BI:;1i1eliBg, ana Ell:luiflmel'lt ees(,:s basse! an jaet f!lfSlflart)' values j3li'Bliehed 13) tRe Callier CelHR./ Prepert) }.;~flF8.iaer'B 0[51018. lnildiag east iBaSl( flooliehea BY the Engiaeenng }Jews Reeera. B:Il8. tae ~1<:Xli..dded;i:LJlll'~~~ll:xtildeleted PogelOof25 Agenda Item No. 10A February 24, 2009 Page 303 of 462 CaflSl:U'Ber PRss Ie.EieK l1ahliaaea 8Y lae u.s. DeJlartm9l1t sf Laber, Bl::l.reau. sf 1.aher Smt49tieG. :Hid e~'ale Huisnel! Fate shange aajastmeats sAa.l~ Be aaaptea BY a resehHisa ef tBe beard. parsuaat ts 61:iBSeetien 71 2G1EJ;l) efthis shapler. based unen theoercentae:esof increase set forth in the ado'Oted I1Collier County Imoact Fee Indexine Studvll crenaTed bv Tindale-Oliver and Associates. !ne.. in association with Robert W. Burchell. Ph.D.. as uodated annually. and in accordance with' the index!"!! methodology soecified in the current and adoDted law enforcement imoacl fee study. SECTION THIRTEEN. CONFLICT AND SEVERABlLITY. In the event this Ordinance conflicts with any other Ordinance of Callier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or Wlconstitutional 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 portions. SECTION FOURTEEN. lNCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances cfeallier County, Florida. The sections of the Ordinance may be renumbered or re~ lettered and internal cross-references amended throughout to accomplish such, and the word '''ordinance'' may be changed to "section," "article," or any other appropriate word. SECTION FIFTEEN. EFFECTIVE DATE. This Ordinance shall become effective on January I, 2008. PASSED AND DULY ADOPTED by lhe BOlll'd of Counly Commissioners of Collier County, Florida this ~~11< day of J \.In ~ ,2007. ATTEST .. Dwight E. llrOck; cfetk . . ,<t> BOARD OF COUNTY COMMISSlONERS OF COLLlER COUNTY. FLORIDA A~roved as t an leg ! form ~textisadded;CIR..lllJ1l'Qgk~xt;!deleled This ordinance filed wlth the Sec~tory of State's Office the ~doyof~, ~S!::>-"\- and ocknowledgement of that filin.s...received Itlis ~ day of ':J~:tJ! ~ l'Ojo...Pc:~\ Oo?"'YCie..... PagellofZS APPENDIX A SCHEDULE ONE: ROAD IMPACT FEE RATE SCHEDULE EFFECTIVE JANUARY I. 2008 Residential Single Family Detached House Less than 1,500 sq. ft. (Annual Household Income ~ Poverty Level) Less than 1,500 sq. ft. (Annual Household Income S 5001c of Collier County Median Armual Household Income) Rate $~,.37.09$3.420.19/dwelling unit $3,7S7.99$4.872.83/dwelling unit Less than 1,500 sq. ft. 1,500 to 2,499 sq. ft. 2,500 sq. ft. or larger Multi-Family (1-2 Stories) Multi-Family (3-9 Stories) Multi-Family (Above]O Stories Assisted Living Facility (ALF) CondominiumlTownhouse Mobile Home Retirement Community High~Rise Condominium $.,3;~.99$8.247.62/dwelling unit $8,g81.99$11.522.55/dwelling unit $9,g81.oo$12.819.55/dwelling unit $.,2] 9.99$8.054.37 dwelling unit [.,n8.09$8 220.39/ dwelling unit $3,820.09$4954.54/ dwelling unit ~$I.032.4l1 dwelling unit $..9;9.QO$7.858.52/ dwelling unit $1,131.00$5.361.80/ dwelling unit $3,21..90$2,913.06/ dwelling unit $1.232.90$5.488.90/dwelling unit Lodging Hotel Motel Resort Hotel RVP,rk $5,987.00$7.765.] 4 per room $3,838.99$4.964.92 per room $;,25..09$6.8] 7.03 per room $3,300.90$4.280.10 site Recreation Golf Course Movie Theaters Marina [801,1...00$1.043.392.40/18 Holes $11,389.99$54,978.53 PCT screen $J.S&9.90$4.643.26/boat berth Institutional Hospital Nursing Home Church Elementary School Middle School High School Jr..'Cemnnmitj' CeIlege URi' BFeit;" University/Jr. Colleee <7.501 Students Universitv/Jr. CollelZe >7.500 Students Day Care $11,198.99$18,4]4.81/1,000 sq. ft. U,11..99$1.486.36 per bed $8,922.00$10.404.53/1,000 sq. ft. ~$1.11 1.53 per student $1,188.99$1.540.84 per student' $],312.99$1.740.57 per student ~ 1,3 92. 99 Per Elu<lBHt $2,719.99 PDr Etud,.' $2.926.03 per student $2.153.02 De! student ~$1.232.15 per student ~1~lisadded;l:Inl~kthRlught~xll,deleled Pagel2of2S Agenda Item No. 10A February 24,2009 Page 304 of 462 Agenda Item No. 10A February 24, 2009 Page 305 of 462 Office Office 50.000Sq Ft or less Office 50.001.1 OO.OOOSq Ft or less Office 100.001.200,000Sq Ft or less Office 200.001 .400,000Sq Ft or less Office Greater than 400,000Sq Ft Medical Office 0.,1?8.90$20.074.97/1.000 sq, ft. U3,122.0Q$17.019.23/1.000 sq. ft. $ll.113.QO$14.413.56/I,OOO sq. ft. $9.11 1.09$12.206.0711,000 sq. ft. $8,;:lJ.09$1 1.054.33/1,000 sq. ft. $J€,,89.00$47.585.63/1,000 sq. ft. Retail Specialty Retail Retail 50,OOOSq Ft. or less Retail 50,OOI.100,000Sq Ft RetaiII00.001.]50,OOOSq Ft RetailI50,OOI.200,000Sq Ft Ret,it 200,001.400,000Sq Ft Ret,iI400,001.600,000Sq Ft Retail 600,001.I,OOO,000Sq Ft Retail greater than l,OOO,OOOSq Ft PharmacylDrug Store wfDrive- TI1ru Home Improvement Superstore Restaurant: High Turnover Restaurant: Low Turnover Restaurant: Drive-in Gasoline/Service Station Supermarket Quick Lube Convenience Store Convenience Store w/Gas Pumps f:lI,98?OQ$28.517.14/I,OOO sq. ft. $I3,9;3.Q9$18.097.04/1 ,000 sq. ft. t D.] 98.00$] 7.117.81/1,000 sq. ft. $12.?1 1.00$16.486.17/1 ,000 sq. ft. $12.03J.00$16.385.00Il,OOO sq. ft. $II,?lo.OO $15,195.65/],000 Sq. Ft. $12,?l:l.00$]6.487.46/1.000 sq. ft. $IJ,07..00$17.608.07l1,OOO sq. ft. $10.,&3.00$21.508.15/].000 sq. ft. _ [I3.J08.QQ $17.260.48/t,OOO sq. ft. tlJ,21..0Q $17141.15/1,000 sq. ft. $55,73;.00$72.288.301,000 sq. ft. $11,801.00$58.188.61/1,000 sq. ft. tl J 1,91 ;.QO$I7I.093.76/1,OOO sq. ft. $:,519.99$9.791.05 oer fuel position ;10,711.00$21.713.08/ ].000 sq. ft. $D.1io.OQ$17.491.34 per bay $19,913.Q9$1] 6.656.07/1,000 sq. ft. $J?,;7;.00$48.734.78 per fuel position ServIces Tire Store New/Used Auto Sales Luxury Auto Sales Bank/Savings: Walk-in Bank/Savings: Drive-in Car Wash $19,958.00$13 045.23 per bay $:I;,9J;.90$33 637.70/1,000 sq. ft. tl J,817.00$17 920.65/] ,000 sq. ft. $12,700.00$55.381.90/1,000 sq. ft. $83,.9Q.0Q$108.545.93/t,OOO sq. ft. ~J J ,906.00$43.976.08 per bay Industrial and Agricultural General Industrial Business Park (Flex-space) Mini- Warehouse $?,975.QQ$9.176.28/1,000 sq. ft. n2,996.gQ$16,855.81/1,000 sq. ft. $1,l~;,gQ$1 770.4t/ 1,000 sq. ft. ~texli..ddcd;l>\J'u.811~r"Usrl~xti.delelcll ?D&enoC25 Agenda Item No. 10A February 24, 2009 Page 306 of 462 APPENDIX A SCHEDULE TWO: WATER AND SEWER SYSTEM IMPACT FEE RATE SCHEDULE EFFECTIVE JANUARY 1. Z008 INDIVIDUALLY METERED SERVICE LIVING SPACE (SQ.FT,) ERC METER WATER SEWER VALUE SIZE IMPACT FEES IMPACT FEES o TO 4,999 $3;#& ~ (AND NO MORE THAN 4 1 3/4" $3.616.49 $3,722.39 BATHROOMS) 5,000 OR MORE ADFI ~ (OR MORE THAN 4 350 ERC VALUE x $3.722.39 BATHROOMS) (mln value of PER $M4& 1.0) EaR $3.615.49 ERG VALUE x (rounded {minimum value ~ Non-Residential to the ~ $3.722.39 nearest (mlnlmum value lenth) ~ <3 722.39' MASTER METERED SERVICE UVING SPACE (SQ. FT.) ERC FREQUENCY WATER SEWER VALUE OF FEE IMPACT FEES IMPACT FEES Residential Unit. 0 TO 750 0.33 Per Unit $1,128.00 $1,1.0.00 $1,191.38 $1,226.44 Residential Unit. 751 TO 1,500 0.67 Per Un~ $2,290.00 $2,Jaa.OQ $2.425.11 $2.493.95 Residential Unit - 1.501 TO 1 Per Unit ~~,11O.99 $J,a15.QQ 4,999 $3.616.49 $3.722.39 Residential Unit - 5,000 OR ADFI ~ MORE (OR MORE THAN 4 350 BATHROOMS) (mln ERG VALUE x $3.722.39 value of $J.M& 1.0) $3,516.49 ERG VALUE x {rounded (minimum value ~ Non-Residential 10 the $3A4i $3 616.49) $3,722.39 nearest (mlnl~~3m vaIU~) tenth) ~ 3722.39 ACRONYM KEY: ADF . Average Dally Flows for proposed use as provided by EOR eOR _ Engineer of R.ecord for project ERe ~ EquIvalent Residential Connection (1 ERe = 3$0 gallons per day) ~lllxli~ldded;l>I"'i11,",rlllilhICl:tisdelcled Plge\4lJf2S Agenda Item No. 10A February 24,2009 Page 307 of 462 APPENDIX A SCHEDULE THREE: PARKS AND RECREATIONAL FACIUTIES IMPACT FEE RATE SCHEDULE EFFECTIVE JANUARY 1. Z008 COMMUNITY PARKS (Calculated on Living Area): LAND USE: RATE PER SINGLE-FAMlL Y DETACHED: Less than 1,500 sq. ft. 1,500 to 2,499 sq. ft. 2,500 sq. ft. or more ~ $1.075.25 $l,0;li.90 S1.181 05 II,1I9.00$1.286.85 Dwelling Unit Dwelling Unit Dwelling Unit MULTI. FAMILY ~ $862.50 ~$1.062.60 Dwelling Unit MOBILE HOMEfRV PARK Pad HOTELlMOTEL ~S578.45 Room REGIONAL PARKS (Calculated on Living Area): LAND USE: RATE PER SINGLE-FAMILY DETACHED: Less than 1,500 sq. ft. ] ,500 to 2,499 sq. 1\, 2,500 sq. ft. or more I2.G.8.00 $2.378.20 Dwelling Unit $2,27J.OO $2.612.80 Dwelling Unit $2,~?.OO $2.847.40 Dwelling Unit ~1ULTI-FAMILY $l,.39.0Q $1.907.85 Dwelling Unit MOBILE HOMEfRV PARK .2,g~3.GQ$2.351.75 Pad HOTELlMOTEL $1,113.00 $1.279.95 Room Note: Community Parks lmpact Fees do not apply to the City of Naples, City of Marco Island and Everglades City. .l.1nmliIw1 text il added: l:1r rf V, a III lextbde\el..:! hgel5of2S Agenda Item No. 10A February 24, 2009 Page 308 of 462 APPENDIX A SCHEDULE FOUR: CORRECTIONAL FAClLITlES IMPACT FEE RATE SCHEDULE EFFECTIVE JANUARY 1. 2008 Land Use Correctional Facilities Impact Fee Per Square Foot Single-Family Detached t9.1 9B7BliU per square foot' Other ResidentiallNursing Home ~~er square foot....... Non-Residential: Lodging HoteV Motel ~$0.346 per square foot Medical Hospital ~$O.367 per square foot Commercial Office ~$O.240 per square foot RetaiUCommercial/Recreation ~m2ll per square foot RestaurantIBar ILounge ~$O.611 per square foot Industrial/Manufacturing ~$O.033 Fer square foot Leisure/Outdoor ~$O.61J persquare foot . The Correctional Facilities Impact Fee is capped based upon the fee applicable to a 4,000 square foot (HYing area) Single-Family Detached dwelling unn. .. The Correctional Facilities Impact Fee is capped based upon the fee applicable to a 4,000 square foot (living area) Other Reiidential dwelling unit. The cap does Dot apply to the Jqullre footage of Nursing Homes. l!nll;rlio.;lIlCXtl,add~d;r""nl,llm' g~te:o;LI$deleled Pag~ 16 of2S Agenda Item NO.1 OA February 24, 2009 Page 309 of 462 APPENDIX A SCHEDULE FIVE: FIRE IMPACT FEE RATE SCHEDULE EFFECTrvE JANUARY 1. 2008 Ocbopee Fire Control and Rescue District Residential: ~ 1Q1i.per square foot~ fH...iHlUffi fe. efi2,9GG)* Non-Residential: ~~er square foot Isles of Capri Fire Control and Rescne District Residential: ~~er square foot~ (Hanimlli1:l fee af[I,819)"'. Non-Residential: ~ -illi per square foot '" The Ochopee Fire Control and Rescue District Impact Fee is capped based upon the fee applicable to a 4,000 square foot dwelling unit U T.he Isles of Capri Fire Control and Resoue District Impact Fee is capped based upon the fee applicable to a 4,000 square foot dwelling unit Un&rlinerltcllll,.ddt::rl;[;1r vI I~r g'q'."tlldcletcd PIgcl70nS APPENDIX A Agenda Item No. 10A February 24, 2009 Page 310 of 462 SCHEDULE SIX: EDUCATIONAL FACILITIES IMPACT FEE RATE SCHEDULE Housing Type Single-Family Less than 1,500 square feet 1,500 - 2,499 square feet 2,500 square feet or larger Multi.Farnily Mobile Home EFFECTIVE JANUARY 1. 2008 Impact Fee Rate (per dwelling unit) ~g,22g.9G ~?,2D6.0Q SIQ,017.99 S2,862.90 S5,731.09 $9.026.12 $10,On.98 $10,988.65 $3.139.61 $6.279.23 ~ieXli,llldtd;!;Io..g]URUil~lel[li,delet~d J>alltllloOS APPENDIX A Agenda Item NO.1 OA February 24, 2009 Page 311 of 462 SCHEDULE SEVEN: EMERGENCY MEDICAL SERVICES IMPACT FEE RATE SCHEDULE EFFECTIVE JANUARY 1. 2008 Impact Fee Land Use Category Residential: Less than 1,500 square feet I ,500 to 2,499 square feet 2,500 square feet or more Transient, Assisted, Group: Hotell Motol Nursing home RecreatioDsl: Marina Golf Course Movie Theater with Matinee Institutions: Hospital Elementary School Middle School High School Junior/Community College University/College Church Day Care Center Office and Financial: Office 50,000 sq. ft. or less Officc 50,001 -100,000 sq. ft. Office 100,001 - 200,000 sq. ft, Officc 200,001 - 400,000 sq. ft. Office greater than 400,000 sq. ft. Medical Office Retail (Gross Square Feet) Specialty Retail Retail 50,000 sq, ft. oIless Retail 50,001 -100,000 sq. ft. Retail 100,001 -150,000 sq. ft. Retail 150,00 I - 200,000 sq. ft. Retail 200,001 - 400,000 sq. ft. Retail 400,001 - 600,000 sq. fl. Retail 600.001 - 1,000,000 sq. ft. Retail over 1,000,000 sq. ft. PhannacylDrug Store wlDrive-Thru Home Improvement Superstore Quality Restaurant High~Turnover Restaurant Fast Food Rest. wlDrive.thru Gas/Service Station Quick Lube Supermarket Convenience Store Convenience Store w/Gas Impact Fee Rate ~ $112.46 per dwelling unit ~ ~ per dwelling unit ~ llill2 per dwelling unit ~ illJl per room &+8M- $87.77 per bed ~ ~erbertb $1,739.97 $5,289.22 per 18 holes ~ $786.30 per screen ~ $4,9.!. ~ ~ $4,9.!. ~ ~ ~ ~ WlHQ ~ ~ ~ $HMS illQM. per 1,000 sq. ft. $5.49 per student $6.39 per student tUl per student ~ per student i.1..1M per student illJl per 1,000 sq. fl. $5.49 per student $152.69 per 1,000 sq. ft. $117.95 per 1,000 sq. ft, $100.58 per 1,000 sq. ft. $85.94 per 1,000 sq. ft. $73.14 per 1,000 sq. ft. $158.17 per 1,000 sq. ft. ~ $137.15 per 1,000 sq. ft. $u+.I+ $262.41 per l,eOO sq. ft. ~ $240.46 per 1,000 sq. ft ~ $213.95 per 1,000 sq. ft. ~ $260.57 per 1,000 sq. ft ~ $228.58 per t,OOO sq. ft. ~ $233.15 per 1,000 sq. ft. ~ $233.15 per 1,000 sq. ft. ~ $191.09 per 1,000 sq. ft. ~ $171.89 per 1,000 sq. ft. $+4H+ $162.75 per 1,000 sq. ft. ~ $618.98 per 1,000 sq. ft. ~ S648.24 per 1,000 sq. ft. ~ $800.02 per 1,000 sq. ft. ~ SI81.03 per ruel position ~ S106.o5 per service bay ~ S185.60 per 1,000 sq. ft. ~ $387.67 per 1,000 sq. ft. ~ $397.72 per fuel position ~\~tisadd~d;!:1f1.1tl"JEi'U:);llid~ltlcd Plg~ 19 or2S Auto Repair Tire Store New and Used Car Sales Self Service Car Wash Bank/Savings Walk-in Bank/Savings Drive-in Industrial: General Industrial Business Park Mini-warehouse Agenda Item No. 10A February 24, 2009 Page 312 of 462 ~ $Z9I.66 per 1,000 sq. ft ~ $14Z.63 per service bay ~ lliillper t,OOOsq. ft. $M4M $1 n.80 per service bay ~ $Z34,97 per 1,000 sq. ft. ~ $189.26 per t,OOOsq. ft. ~ $63.09 per 1,000 sq. fI. ~ $91.43 per 1,000 sq. ft. ~ $6.39 per 1,000 sq. ft. ~lexlislllded;Cwui)~i~tel:tisdell:ted PIge2Clof25 APPENDIX A SCHEDULE EIGHT: LIBRARY IMPACJ FEE RATE SCHEDULE EFFECTIVE JANUARY 1. Z008 Land Use Category Impact Fee Rate Single-Family Detached: Less than 1,500 square reet ~ $503.49 oer dwelling unit 1,500 to 2,499 'quare feet ~ $553.84 'Per dwelling unit 2,500 square feet or more ~ $600.16 oer dwelling unit Muhi.Family ~ $402.79 oer dwelling unit Mobile Home ~ $497.44 oer dwelling unit ~leK';I.d<kll;&'~lli'ig,.~~lcxt;.del"led Fage2lof25 Agenda Item No.1 OA February 24, 2009 Page 313 of 462 APPENDIX A SCHEDULE NINE: GENERAL GOVERNMENT BUILDING IMPACT FEE SCHEDULE EFFECTIVE JANUARY 1. 2008 Land Use Residential: Singte Family: Less than 1,500 sq ft 1,500 to 2,499 sq ft 2,500 sq ft or more Rate m>.oo $796.05 ~ $886.09 mJ..OO $967.34 $4-lM(l $450.18 ~ $640.13 Multi Family Mobile Home Transient, Assisted, Group HotellMotel Nursing Homo.' ALF ~ $4-1+.00 Recreational Marina Golf Course Movie Theater with Matinee m.oo ~8,l91.0g $~ Institutions Hospital Elementary School Middle School High School Junior/Community College University/College Church Day Care Center ~ rn..oo ~ ~ rn..oo ~ ~ rn..oo Office and Financial Office 50,000 sq. ft. OT less Office 50,001-100,000 sq. ft. or less Office 100,001-200,000 sq. ft. orless Office 200,001-400,000 sq. ft. or less Office Greater than 400,000 sq. ft. Medical Office ~ ~ ~ ~ ~ ~ Retail Specialty Retail Retail 50,000 sq ft or less Retail 50,001-100,000 sq. ft. Retail 100,001-150,000 sq. ft. Retail 150,001-200,000 sq. ft. Retail 200,001-400,000 sq. ft. Retail 400,001-600,000 sq. ft. $04+.00 tl,239.00 $1,135.00 $1,010.00 $1,230.00 $I ,079.00 $1,101.00 !.1nlkr.I.itwtlexl i; .dded: tmnh '~r9~aJ. lexl i~ deleted Page 22 of25 $341,48/Room $454.57/Bed $94.43/Berth $9.213.32118 Holes $4075.78/Screoo $781.78/1,000 sq. ft. ~Studoot $32.941Studoot $38.43/Student $28.55/Student $61.49/Studoot $270.11/1,000 sq. ft. $28.55/Studoot $791.66/1,000 sq. ft. $611.59/1,000 sq. ft. $521.55/1,000 sq. ft. $445.7911,000 sq. ft. $378.81/1,000 sq. ft. $820.21/1,000 sq. ft. $710.41/1,000 sq. ft. $1.360.42/1,000 sq. ft. $1.246.2311,000 sq. ft. $1.l08.98/1,000 sq. ft. $1.350.54/1,000 sq. ft. $1.184.74/1,000 sq. ft. $1.208.90/t,000 sq. ft. Agenda Item NO.1 OA February 24, 2009 Page 314 of 462 Retail 600,001-1,000,000 sq. ft. Retail greater tlum 1,000,000 sq. ft. PharmacyIDrug Store wIDrive- Thru Horne Improvement Superstore Quality Restaurant High Turnover Restaurant Fast Food Rest wlDrive-Thru Gas/Service Station Quick Lube Supermarket Convenience Store Convenience Store w/Gas Tire Store New/Used Auto Sales Self Service Car Wash Bank/Savings: Walk-in Bank/Savings: Drive-in Industrial General Industrial Business Park Mini-Warehouse Sl,IOJ.OO ~ ~ ~ $2,922.00 13,000,00 $3,777.00 ~ ~ $&+6,00 >1,830.00 Xt,S;8.00 w;,oo ~ ~ X1,109.00 $S94,OO ;;wg,oo ~ ~ $1.208.90/1,000 sq. ft, 5990.40/1 ,000 sq. ft. $891.58/1,000 sq. ft. 5843.26/1,000 sq. ft. $3 208.36/1,000 sq. ft. $3.359.88/1,000 sq. ft. $4.147.15/1,000 sq. ft. $938.79/fuel position $550.1O/bay $961.85/1,000 sq. ft. $2,009.34/1,000 sq. ft. $2.062,04/fuel position $738.95/bay 5820.21/1,000 sq. ft. $895.97/bay $1.217.68/1,000 sq. ft. $981.61/1,000 sq. ft. 5327.2011,000 sq. ft. $474.34/1,000 sq. ft. $32.94/1,000 sq. ft. ~ Ie", is added; ~lI\nlt l~n~llh tat is d~leled hge23or25 Agenda Item No. 10A February 24,2009 Page 315 of 462 APPENDIX A SCHEDULE TEN: LAW ENFORCEMENT IMPACT FEE RATE SCHEDULE Land Use Residential: Single-Family: Less than 1,500 square feet 1,500 to 2,499 square feet 2,500 square feet or more Multi.Family Mobile Home TransieDt, Assisted, Group Hotel/Motel Nursing Home!ALF Recreational Marina Golf Course Movie Theater with Matinee Institutions Hospital Elementary School Middle School High School Jr.lCommunity College University/College Church Day Care Center Office a.nd Financlal Office 50,000 sq. ft. or less Office 50,001-100,000 sq. ft. or less Office 100,001-200,000 sq. ft. ortess Office 200,001-400,000 sq. ft. or less Office Greater than 400,000 sq. ft. Medical Office Retail Specialty Retail Retail 50,000 sq. ft. or less Retilil 50,001-100,000 sq. ft. Retail 100,001-150,000 sq. ft. Retail 150,001-200,000 sq. ft. Retail 200,001-400,000 sq. fl. EFFECTIVEJANVARY 1. 200S Rate ~ $309.75/dwelling unit ~ $344.54/dwelling unit ~ ,UZiiZldweUing unit ~ $ I 86.20/dwelIing unit ~ $257.54/dwelling unit _ $99.19fRoom ~ lliL.Q2/Bed ~ $29.58/Berth ~1,J71.19 $3.661.22/18 Holes ~ $941.41/Screen ~ ~ $l+.64 ~ ~ ~ ~ $&,00 $346.29/1,000 sq. fl. lli,QQ/Student $19.14/Student $21.18/Student $24.36/Student $55.68/Student $88.74/1,000 sq. ft. $8.70/Student ~ $219.26/1,000 sq. ft. m;,u $187.93/1,000 sq. ft. ~ $160.09/1,000 sq. ft.. ~ $135.73/1,000 sq. ft. ~ llilliIl.Ooo sq. ft. ~ $274.94/1,000 sq. ft. ~ $341.06/1,000 sq. ft. ~ $551.61/1,000 sq. ft.. ~ .~/I,OOOsq. ft. ~ $562.06/1,000 sq. ft. ~ $527.26/1,000 sq. ft. Wh8ll $457.65/1,000 sq. ft. ~lc~liJDdded;(:WUil[thrBghte:o:lsdtleted hge24 of2S Agenda Item No. 10A February 24, 2009 Page 316 of 462 Relai14oo,001-600,OOO sq. ft. Retail 600,001-t,000,000 sq. ft. Retail greater than 1,000,000 sq. ft. Phannacy/Drog Store w/Drive- Thru Home Improvement Superstore Quality Restaurant High Turnover Restaurant Fast Food Rest. w/Drive- Thru Gas/Service Station Quick Lube Supermarket Convenience Store Convenience Store w/Gas Tire Store New/Used Auto Sales Self Service Car Wash BankJSavings: Wa1k~in Bank/Savings: Drive-in Industrial General Industrial Business Park Mini-Warehouse w+,s4 $475.06/1,000 sq. ft. ~ $471.57/1,000 sq. ft. mJ-rl(l $414.14/1,000 sq. ft. ~ $401.97/1,000 sq. ft. ~ Will/1,OOO sq. ft. ~1,2gJ.g4 51.392.10/1.000 sq. ft. ~1,J74.1. $1.491.29/1,000 sq. ft. ~1.777.gl 51,928.06/1,000 sq. ft. ~ $426.33/Fuel Pusition ~ $191.42/Bay ~ $395.01/1,000 sq. ft. m4M $840.48/1,000 sq. ft. ~1,122.€€ $1.218.09/FueJ Position ~ $283.64/Bay ~ $330.62/1,000 sq. It ~ $339.32/Bay ~ $382.83/1,000 sq. ft. = ~t,OOOsq.f\. - ~ ~ $107.89/1.000 sq. ft. $156.61/1,000 sq. ft. $12.18/1,000 sq. ft. ~ttll:liiaddtd:E\f~alllfrsughlexl'sdclcled Page 2S ofZS Agenda Item No. 10A February 24, 2009 Page 317 of 462 Agenda Item No. lOA February 24, 2009 Page 318 of 462 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-57 Which was adopted by the Board of County Commissioners on the 26th day of June, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of June, 2007. DWIGHT E. BROCK Clerk of Courts and. clerk '1,.1,. Ex-officio to Board..of: ", \ County CommissioneJ;B '. ". .'., . ~ '.," I... .:. . ~~ \ (, b~~~;~d~~:: \~;:;esa pola~'J{:i;;J<' ..' Deputy Clerk' Agenda Item No. 10A February 24,2009 Page 319 of 462 RESOLUTION NO. 2008- 202 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE IMPACf FEE RATES ESTABLISHED BY ORDINANCE NO. 2007-57. WHEREAS, on March 13, 2001, the Board of County Commissioners adopted Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superceding all oilhe County's then existing impact fee regulations, and consolidating all of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the CoIlier County Code of Law and Ordinances (the Code), and incorporating the water and sewer impact fee rates established by the adoption of Ordinance No. 98-69; and WHEREAS, on December 11, 2001, the Board of County Commissioners ("Board'') adopted Resolution No. 2001-488 thereby amending Schedule Two of Appendix A of Chapter 74 of the Code, as amended, the same being the Collier County Consolidated Impact Fee Ordinance; increasing the Water and Sewer Impact Fee rates and directed staff to update the Impact Fee after one year; and WHEREAS, in accordance with that direction, the County has retained Public Resources Management Group, Inc. ("the Consultant") to review the existing water and sewer impact fees and to recommend changes to those fees if appropriate; and WHEREAS, on February 12, 2002, the Board adopted Resolution No. 2002-88 to correct Scrivener's errors, and to correct the water impact fee downward by $50 per Equivalent Residential Unit (ERC), and to amend Schedule Two of Appendix A of Chapter 74 of the Code, as amended, the same being the Collier County Consolidated Impact Fee Ordinance; thereby increasing the Water and Sewer Impact Fee rates; and WHEREAS, on June 6, 2006, the Board adopted Ordinance No. 2006-26 amending Ordinance No. 2001-13 changing the impact fee rate; and WHEREAS, on June 26, 2007, the Board adopted Ordinance No. 2007-57 amending Ordinance No. 2006-26 changing the impact fee rate and to include Annual Mid-Cycle water and sewer impact fee rate indexing; and WHEREAS, the County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, the Consultant has estimated the cost to future utility system users of approximately five-hundred and three million ($503 million) in the next ten (10) years; and WHEREAS, the Consultant has recommended a water impact fee rate decrease from $3,616.49 per ERC to $3,575 per ERC, a decrease of $41.49 and a sewer impact fee rate decrease from $3,722.39 per ERC to $3,495 per ERC, a decrease of $277.39 for all customer classes based on their ERe's equivalents; and Agenda Item No. 10A February 24, 2009 Page 320 of 462 WHEREAS, the above recommended rate decrease for water and rate decrease for sewer establish these rates at the maximum levels allowed in accordance with equity tests established and existing pursuant to Florida law; and WHEREAS, staff has thoroughly reviewed the Consultant's findings and recommendations and staff concurs with the recommended decrease to water and the recommended decrease to sewer impact ree rate changes, and staff recommends that the Board adopt this Resolution to implement these recommended changes; and WHEREAS, the Board finds that it is in the health, safety and welfare to accept the recommendations of the Consultant and from staff. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby declares, after advertised public hearing, that the water and sewer impact fee rates set forth in the revised Schedule Two of Appendix A of Ordinance No. 2007-57. as amended, the Collier County Consolidated Impact Fee Ordinance, the same being Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, attached hereto. and incorporated be reference herein as Exhibit "A" are fair and reasonable and are to be assessed to those who receive or will receive benefits from increased water facilities capacity, increased sewer public facilities capacity, Dr from both, which increased capacity is necessitated by increased population and related growth driven development. BE IT FURTHER RESOLVED that these revised water and sewer impact fees will take) effect as of8:00 A.M, on Wednesday, October I, 2008. / This Resolution is adopted after motion; second and majority vote favoring adoption this ;),-\""" day ~" _ . ,2008. ATTES"f.!' f,~~f.\; DwiGHT E. BROOK, CLERK ~. . - ". ~<} .f.~ , , . , .\ ,..;. VJ '::: '. ,. '. il\l1lltUl"i'Onl Approval as to form and legal Sufficiency: OCr BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: 4AJ ' TbJ~NNlN~ J enni A. Belpedio Assistant County Attorn ~ " .j ! f. .s.!! p. < ! . = II, ~ H 'I " ., - "1 ~ u$ :J ~ . :u . ~ ~ . h ~ '" i ~ ~ ~ ~ a ; ~ '1 r . . ; . i t f . f A - i i . i ! tll l~ ~ i i ! ! ! ! I ~ r ~ a 2 ~ !~ f-- .i f-- .. . . :G ~ ~ .: ~ ,; ~ .~ ~ a ~i ! ! 0' ., ~' " ~ ; ; 3 h ~ e i a ~ 0 0 f . f l d ~ . . I-- ~ m i c---"- . m ~ ~ III < ~ ! ~ I i ! ~ s ~~ ~ ~ " ~ 8 0 8 -' a "~ ~ w ~ ig - ~m - . ffi- ...- II ,. "s !l -. e H ". ':i !l" ~L I:l 'I m~ '0 . d. ~~ , "I ~ Hi ,,0 MI .., Ml . . . r ~ MI H ~ H ~ 11 If ~ - - - ~ ~ 11 ~ g I I ~ ~ !i ~ ~ t. ; , , , ; !~ .- 0- - I - - f-!- ~~ ; I ~~ ; ~ ~ ~ ~~ I ~" ~" ,0 etl , , ~g , , , ! o~ , ~;j ~~ h .. I-- - - I-- 2 f I 2 o. W g 0 w I . ~ ~ i , . 5~~ ij I . , I ~ ~ 1 0 I ~ h' ~ I ~ , ! , Agenda Item No. lOA February 24, 2009 Page 321 of 462 , 1 ; K ! I ~ ! fl~H :!l~ 'j i ZI ! jq H-I' HIll iP"ll Ii!.l ~ Agenda Item No. 10A February 24, 2009 Page 322 of 462 Attachment C-2 Article VI. Water-Sewer District Uniform Billing, Operating and Regulatory Standards ARTICLE VI. WATER-SEWER DTqTRlCT UNIFORM BILLING, OPERA TING A~.Qi'PItltllI}l'bfll'l& Februal'Y 24, 2009 Page 323 of 462 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS* *Editor's note: Ord. No. 01-73, ss 1.1--1.4, adopted Dec. 11, 2001, did not specifically amend this Code but is treated as superseding !is134-171--134-174 in their entirety at the discretion of the editor. Further, said ordinance !is 2.1--7 provided additional regulations included as ss 134-175-134-180 at the discretion of the editor to read as herein set out. Section 11 of said ordinance states that the revised rates shall not go into effect until April 1 , 2002. See the Code Comparative Table--Ordinance Disposition Table. DIVISION 1. DISTRICT RATES FEES CHARGES AND REGULATIONS Sec. 134-171. Definitions. Unless specifically provided otherwise these definitions shall apply to this section. District shall refer to thejCollier County Water-Sewer District.J Equivalent dweliing unit shall mean the equivalent usage requirements of an average single- family residential connection. It is used as a factor to convert a given average daily water or wastewater requirement to the equivalent number of single-family residential connections. Equivalent residential connection shall mean 350 gallons of water per day and is 250 gallons of sewerage treatment per day. . Good/and shall mean the Goodland Service Area is classified as a subdistrict of the Collier County Water-Sewer District as the service is dependent on a bulk purchase with a private entity and therefore has a rate structure that is different from the major district rate structure. SeNice availability charge shail mean a monthly charge per dwelling unit or equivalent dwelling unit for residential and non-residential users with no usage included. "Sewer only use" shall be defined as the connection of drains for all faucets and facilities on the property where well water or potable water from a non-district water supply or where no water (leachate) is used. Sewer use shall be defined as thE! connection of drains for all faucets and facilities on the property, where potable water is used in connection with sanitary purposes from the potable watE!r system. Such usages shall include, but not be limited to, sinks, showers, bathtubs, commodes, urinals, bidets, dishwashers, washers, and other such facilities. "Sewer use" shall specifically not include runoff water being al10wed to E!nter the district sanitary sewer system. Use shall mean with respect to "water use" on the district's water system, which is a potable water system, shall mean the sole utilization of water from the district system through all fixtures and pipelines on the property except where a separately metered system is available solely for outside irrigation. Any such irrigation shall require an approved backflow prevention device and a physical separation from the remaining potable water system. 'Water use" shall specifically Include, but not be limited to, the flow of water to all sinks, dishwashers, commodes, urinals, showers, hot water heaters, washers, drinking water coolers and drinking water machines. Such facilities shall also drain to the district's sanitary sewer system, where available, in conformance with other applicable sections of this htto:111ibrarv1.munlcode.com/default/Doc View/1 0578/1/305/311 4117/2008 ARTICLE VI. WATER-SEWER DJ"TRICT UNIFORM BILLING, OPERATING ANlil30Dli'~~2SA February 24, 2009 Page 324 of 462 article as well as other ordinances adopted by the county, or applicable state and federal laws, rules or regulations. (Ord. No. 01-73, ~ 1.1,12-11-01; Ord. No. 2006-27, ~ 3) Sec. 134-172. Monthly rates, fees and charges. Monthly rates, fees and charges for water, sewer, or effluent irrigation, and fire meter services provided by or made available by the district shall be sufficient to recover system operation, maintenance, renewal enhancement, replacement and debt service costs and shall be proportionally distributed among system users and customers receiving the benefits as follows: (1) Monthly user fees for the Collier County Water-Sewer District. Residential and non- residential properties within the boundaries of the county water-sewer district shall pay the rates, fees and charges for service provided by the county water-sewer district in accordance with Appendix A--Schedule 1. (2) Monthly user fees for the Goodland Water Subdistrict. The rates for service to residential and non-residential properties within the Goodland Water Subdistrict shall be in accordance with Appendix A--Schedule 2. (3) Monthly user fees for effluent irrigation usage In the district shall be in accordance . with Appendix A--Schedule 3. Except in cases where a written agreement between the district and the property owner establishes a minimum gallonage monthly effluent rate that cannot be changed unilaterally by the district, all golf course and other bulk sales of effiuent shall be sold and billed in accordance with this section. (4) Accounts and bill delivery addresses. a. Accounts shall be established in the name of the property owner. b. Monthly bills will be sent to the address requested in the service application. c. Changes of address for billing purposes must be approved by the property owner. Approval can be by letter, district change of address form or bye-mail. d. Duplicate bills may be requested by letter or district change of address form/or e-mail. e. A duplicate bill processing fee (Appendix A--Schedule 6) will be placed on the account for billing purposes. (5) Methods of payment. a. Cash, check, direct debit andlor credit card (when available), and electronic transfer are available methods to pay monthly bills. b. Cash, check and credit card payments may be made at the billing office address. c. Check payments can be made through the U.S. mail to the lockbox facility in the envelope provided with the bill to the P.O. box. d. Credit card payments (when available) can be made telephonically. e. Direct debit payments are available. Requires processing of a direct debit approval form. f. Non-sufficient funds (NSF) checks returned by the district bank or banks will not be reprocessed for payment. The amount of the NSF check plus an appropriate NSF charge (Appendix A--Schedule 6) and where applicable any other fees and charges will be placed on the account for rebilling. httD://librarv 1.municode.com/defaultlDoc View/10578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER PTSTRICT UNIFORM BILLING, OPERA TING hND'l.9i'Pltlre I3cof12& February 24, 2009 Page 325 of 462 (Ord. No. 01-73, S 1.2,12-11-01) Sec. 134-173. District rates, fees and charges other than monthly user fees. (a) Meter installation charges for meters and for backflow devices two inches or smaller in size are to be paid to the district in accordance with Appendix A--Schedule 4. The fees in this subsection are based upon meter installation costs for a typical single-family residential street. (1) All meters two inches or smaller will be installed by the district and shall remain the property of the district. (2) For meters larger than two inches, the materials and labor for installation of such meters shall be furnished by the developer in accordance with district requirements and specifications and dedicated to the district in accordance with county ordinances, at no cost to the district. (3) Meters must be left accessible to district employees at all times. Dangerous andlor dense underbrush will be trimmed to a "margin of safety" by district employees. (4) When any property owner, who has a water meter, makes application to the district for the installation of a larger meter to replace a smaller meter, and such installation is approved, a tapping fee for the larger meter is required and no credit shall be given for tapping charges paid on the smaller meter. The difference in impact fees between the smaller meter and the larger meter must be paid before a work order will be issued for the installation of the larger meter. There shall be no refunds or credits of tapping fees or impact fees given to any property owner requesting a smaller meter. (b) Temporary meters. (1) Temporary meters may be installed and removed by the district. The fee for such Installation and removal shall be based upon the district's actual costs for time, equipment and material, as appropriate, in accordance with Appendix A--Schedule 5. (2) The temporary meter monthly charge for service shall be based upon the non- residential monthly availability and volume charges. (3) A work order for the installation of a temporary meter will be issued upon receipt of an executed temporary meter application. (4) A refundable temporary meter deposit (Appendix A--Schedule 6) must be paid concurrently with the temporary meter application. The deposit may be used to offset costs for repair andlor replacement to district assets. If damages and repair costs are greater than the deposit, the applicant will be invoiced for the remainder. (c) District rates, fees, and charges other than monthiy user fees, meter tapping fees, time and material fees, temporary meter fees, impact fees, industrial sewer use fees, backflow prevention service fees and development/permitting related fees. The rates, fees and charges established by this section include but are not limited to the services listed below. The actual charge rate for the service is in accordance with Appendix A--Schedule 6. (1) New accounts--Change of ownership. (2) Turn-off/turn-on at owner's request. (3) Meter re-read. (4) Meter test. (5) Meter lock. htln://lihrarv l.mnnicode.com/default/Doc View/1 0578/1/305/311 4/1712008 ARTICLE VI. WATER-SEWER DTSTRlCT UNIFORM BILLING, OPERA TING M\4D1!:iilPage 14'bflQS February 24, 2009 Page 326 of 462 (6) Unlock after hours. (7) Meter removal. (8) Illegal connection. (9) Credit card handling charge. (10) Temporary meter deposit. (11) Duplicate processing fee. (12) Non-sufficient funds (NSF) processing charge. (13) Late payment charge. (d) Late payments for monthly user fees are subject to a late payment charge (Appendix A- Schedule 6) on the unpaid balance after the due date on the bill. (e) The rates, fees and charges as established in this section shall be reviewed on an annual basis to ensure adequate revenues for district system operation, maintenance, renewal, replacement, enhancement and debt service costs. (f) Reasonable pay plan arrangements may be used at the discretion of the district for delinquent accounts. All pay plan arrangements must provide for the full and timely payment of future consumption. (g) Adjustments. (1) Any debit or credit adjustments for any district service can only be made as the result of a documented and approved procedure. For example: The procedure for adjusting customer accounts for unexplained loss of metered water was approved in updated form on January 3, 2001. (2) Debit and credit adjustments identified in documented and approved procedures shall be approved by the public utilities division administrator or designee before processing. (3) Debit andlor credit adjustments for district errors and omissions should be applied to the account or refunded, if appropriate, and are subject to appropriate review and authorization. (h) Refund of credit balanceslfinal bills, (1) Refunds of credit balances for a continuing account shall be processed and forwarded to finance for disbursement on a weekly basis. (2) Refunds of credit balances as a result of final bills shall be processed and forwarded to finance for disbursement on a monthly basis. (3) In no event, shall refunds be processed for credit balances which are less than $5.00. (4) In no event, shall final bills less than $5.00 be processed and mailed. (i) Allowance for funds prudently invested (AFPI) fee. (1) The board of county commissioners as ex-officio board of the Collier County Water- Sewer District hereby adopts allowance for funds prudently invested (AFPI) fees, as set forth in Schedule 7 hereby appended as part of Appendix A to this ordinance. The AFPI charges may be changed from time-to-time by Collier County Ordinance, or by resolution of the board of county commissioners, always acting as ex-officio board of the Collier County Water-Sewer District, provided the board publishes notice of one scheduledpublic hearing with regard to all such then proposed changes. The proposed http://libraryl.murucode.comJdefault/DocView/l0578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DT"iTRlCT UNIFORM BILLING, OPERA TING A~~t~ ~8~~ Page 327 of 462 resolution or ordinance can be agendized on the board's regular agenda or on its summary agenda. (2) Allowance for funds prudently invested (AFPI) fees afford the district an opportunity to earn up to a fair rate of return on the district's investment in water andlor wastewater plant that has been constructed but is not yet used and useful. Such non-used and useful plant is by definition held for future use by the district's future water and/or wastewater customers. Such non-used and useful plant incurs costs such as, but not limited to, the district's embedded costs of borrowed money, investment of the district's money in such plant, as well as operation and maintenance expenses between the time the plant is constructed and the time all of the respective equivalent residential connections (ERCs) are connected to the district's respective utility system by means of an "active connection." Calculation of the AFPI charges excludes piant paid from impact fees, which are classified in law as "contributions-in-aid of construction" ("CIAC"). (3) The amount of the applicable AFPI charge is controlled (determined) by the month when the related impact fee (a) to pay for the respective ERCs is received by county staff. Each AFPI charge is calculated for one equivalent residential connection (ERC) on a month-to-month basis. In this context there is no distinction between an ERC for residential use, industriai use, commercial use or any other uses. (4) These AFPI charges apply only to ERCs reseNed by payment of the relevant water andlor wastewater Impact fees actually received by county staff subsequent to October 1, 2006 and these AFPI charges shall cease to apply to ERCS reseNed by staff's receipt of these impact fee payments subsequent to December 31, 2012. (5) All water AFPI charges shall be accounted for in a separate account for the subject water treatment facilities. All wastewater AFPI charges shall be accounted for in a separate account for the subject wastewater treatment facilities. (Ord. No. 01-73, S 1.3, 12-11-01; Ord. No. 2006-27, S 1) Sec. 134-174. District regulation. (a) Application for selVice. (1) To obtain selVice, application must be made at the office(s) of the district. Applications are accepted by the district with the understanding that there is no obligation on the part of the district to render seNice other than that which is then available from its existing facilities. The district reseNes the right to refuse service from its transmission mains or to accept service to its collection system. (2) Utility service is furnished only upon signed application of the property owner, accepted by the district, and the conditions of such application or agreement are binding upon the property owner as well as the district. A copy of each application or agreement for utility service accepted by the district will be furnished to the property owner. (3) The applicant shall furnish to the district the correct name, street address and legai description at which seNice is to be rendered at the time of the application for service. All system development charges, impact fees, connection and installation fees, and any other fees, rates and charges established by the district shall be paid in full at the time of application for service. (4) Application for service requested by firms, partnerships, associations, corporations and others, shall be tendered only by duly authorized individuals. When service is rendered under agreement or agreements entered into between the district and an agent of the property owner, the use of such service by the property owner shall constitute full . and complete ratification by the property owner of the agreement Dr agreements entered htt".I!linrHrv1 mlmic.nrhcnm/r1efelllt/f)ncView!1 057R/l/305/311 .4/17/2008 ARTICLE VI. WATER-SEWERDISTRlCT UNIFORM BILLING, OPERATING ANjjlmd"':Iitge1&m'~ February 24, 2009 Page 328 of 462 into between agent and the district under which such service is rendered. A tenant of property shall not be construed to be an agent. (5) Where the district's water or sewer main is accessible to render service no county building permit may be issued until such time as proper application shall have been made for service and all fees necessary for the rendering of such service shall have been paid to the district. (6) The district may withhold or discontinue service rendered under application made by a property owner, or the property owner's agent, unless all prior indebtedness to the district of such property for utility service has been settled in full. Service may be withheld or discontinued for non-payment of bills andlor non-compliance with rules and regulations in connection with the same or any different class of service furnished to the same property owner at the same premises, or for non-payment of any account for service to the property. (b) Umltation of use, continuity of service. (1) Unless authorized by the district, water andlor sewer service purchased from the district shall be used by the consumer only for the purposes specified in the application for service, and the property owner shall not sell or otherwise dispose of such service supplied by the district. Unless authorized by the district, service furnished to the property owner shall be rendered directly to the property owner through the district's connection, and under no circumstances shall be property owner or property owner's agent or any other individual, association, or corporation install equipment for the purpose of disposing of said service. In no case shall a property owner, except with the written consent from the district, extend their installation across a street, alley, lane, court, property line, avenue, or any other way, in order to furnish service for adjacent property, even though such adjacent property is owned by them. In the event there is an unauthorized extension, sale or disposition of service, the property owner's service will be subject to discontinuance until such unauthorized extension, sale or disposition is discontinued and full payment is made of bills for service, calculated on proper classification and rate schedules and reimbursements in full are made to the district for all extra expenses incurred for clerical work, testing and inspections. (2) The district will at all times use reasonable diligence to provide continuous service, and having used reasonable diligence shall not be liable to the property owner or occupants for failure or interruption of continuous water service. The district shall not be liable for any act or omission caused directly by strikes, labor troubles, accident, litigation, breakdowns, shutdowns for emergency repairs, or adjustment, acts of sabotage, enemies of the united states, wars, state, municipal or other governmentalinterference, acts of God or other causes beyond its control. (3) Property owners shall maintain that portion of the water lines on their property located beyond the district service connection, and all loss of water through breaks or leakage to the premises will be paid by the property owner. The property owner shall maintain that portion of the sewer line located on their property. (c) Property owners liability for damage to equipment. The property owner is liable to the district for any damage done to the district's equipment used in providing service to the property owner, except damage done by district employees. (d) Security deposits on water account. Security deposits normally are not required on district customer accounts for water service. However, the district may require a deposit equivalent to two months average service when an account has been shut-off for non-payment more than two times in any six month concurrent period. These deposits may be returned after six months of timely payments. . (e) Security deposits on sewer accounts. Security deposits are normally not required on http://library1.murucode.comldefau1t1DcicView/10578/1/3.05/311 . 4/17/2008 ARTICLE VI. WATER-SEWER DTSTRlCT UNIFORM BILLING, OPERA TING ~nd~ ~of118\ February 24, 2009 Page 329 of 462 district customer accounts for sewer service. However, the district may require a deposit equivalent to two months average service when an account has been shut off for non-payment more than two times in any six month concurrent period. These deposits will be returned after six months of timely payments. (I) Property owner's responsibility for water service; bad debts. (1) The property owner is responsible for all water, andlor sewer service andlor other district services provided to the property. In the event service is discontinued for non- payment, service will be restored only after property owner has fully complied with provisions of section 134-174, subsection (g)(2) and (g)(3), of this article. (2) Unpaid fees constitute a lien against the property (see section 134-174(p) of this article). In the event water, andlor sewer service andlor other district services have been discontinued for non-payment and any or all services are requested to be reinstated for the property in the future, this back debt plus associated charges must be paid before water and/or sewer service will be furnished. (3) Bad debts as a result of bankruptcy or court actions will be written off in accordance with applicable laws, rules and regulations. (g) Dates bills due and delinquent; discontinuance of service for non-payment; reinstatement following discontinued service. (1) Bills for service are due by the date set forth on the bill from the district and are delinquent thereafter. Service will be discontinued when delinquent for non-payment of bills. (2) When service has been discontinued for non-payment of bills, service will be renewed upon payment of all unpaid bills, plus a shut-off iock fee and a late payment fee (Appendix A--Schedule 6). (3) If the lock has been tampered with and the street cock has been turned on prior to full payment of all fees the meter may be removed from the property. Should the property owner request renewal of service for the property, service will be restored upon full payment of: 1) all past due bills plus a late payment fee where applicable, and (2) a meter removal fee (Appendix A--Schedule 6). (4) If service has been discontinued for non-payment of bills and an illegal water connection is made, service will be renewed upon payment of all unpaid bills, time and material cost to remove the illegal connection, the cost of the estimated amount of water consumption loss, plus the fine specified in Appendix A-Schedule 6. (5) Billing for potable water service or effluent irrigation service shall begin upon registration of consumption on the meter, or 90 days from date of meter installation, whichever occurs first. Billing for sewer service shall commence upon the issuance of a certificate of occupancy or 90 days following the issuance of a notice to connect to the sewer system, whichever occurs first. (6) The property owner shall immediately notify the district of any additional dwelling units connected to the district's service lines if the dwelling units have not been included in previous applications. For violation of this section, the district's service may be discontinued. (h) Billing payment when meter becomes defective; right of entry of authorized agents or employees. (1) Should the meter on any premises become defective, so that the amount delivered for the current month cannot be ascertained, the property owner shall pay for that month an amount equal to the average amount charged for the four preceding months unless the actual amount of water can be determined. http://libraryl.municode.comJdefault/DocView/l0578/1/305/311 4/1712008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AM'9;D>iPa~ 2QA rebru1rry ~4;'20i)9 Page 330 of 462 (2) Duly authorized agents and employees of the district shall, during daylight hours or if called out after dark for emergency service, have access to any property for the purpose of examining the condition of fixture, service pipe installation and such other purposes as may be proper to protect the Interest of the district, reading or repairing the water meters located thereon, or turning the supply of such water service to the premises off or on. (i) Water bill complaints. Normally, high water bill complaints will not be accepted for inspection by the district unless all plumbing fixtures, piping and outlets have been examined by a licensed piumber who has certified that there are no leaks. If an investigation is made by the district and the findings reveal the initial meter reading was accurate and the meter is functioning properly, a re-read charge (Appendix A--Schedule 6) will be assessed against the property owner. The property owner shall be charged (Appendix A--Schedule 6) for meter tests which show the meter is functioning properly. CD Meters, location and charge for moving. Meters shall be placed when possible just within the property line at the property corner at the nearest point to the tap-in main. If a meter is moved at the request of the property owner, the property owner shall pay a fee equal to the district's cost in accordance with Appendix A--Schedule 5. (k) Connections with water and sewer required. The owner of each iot or parcel of land within the district where any improvement is now situated or shall hereafter be situated, shall, if the district operates and maintains water distribution andlor sewer collection facilities along the frontage of their property, connect or cause such improvement to be connected with the water and/or sewer facilities of the district. The usage of such facilities shall, at a minimum, be used for ail indoor usage and shail be connected within 90 days foilowing notification to do so by the district. Connection to the reuse system shall only be required if the development order andlor property purchase agreements require such connection. Ail such connections shall be made in accordance with rules and regulations which may be adopted from time to time by the district, which rules and regulations shall provide for a charge for making any such connection in such reasonable amount as the governing board of the district may fix and determine. No connection or connections shail berequired where the water or sewer system or line is more than 200 feet from such property line. (I) Exceptions To connections. This articie shall not be construed to require or entitle any person to cross the private property of another in order to connect to the district's water andlor sewer service. (m) Connections may be made by district. If any property owner of any lot or parcel of land within the district shail fail or refuse to connect to and use the water and/or sewer facilities of the district after notification, as provided herein, then the district shall be authorized to make such connections, entering on or upon any such property for the purpose of making such connection. The district shail thereupon be entitled to recover the cost (Appendix A--Schedule 5) of making such connection, together with reasonable penalties and interest and attorney's fees, by suit in any court of component jurisdiction. In addition and as an alternative means of collecting such costs of making such connections, the district shall have a lien on such property for such cost; which lien shail be equal dignity with the lien of state and county taxes. Such lien may be foreclosed by the county in the same manner provided by the laws of Florida for the foreclosure of mortgages upon real estate. (n) Unlawful connection prohibited. No person shall be ailowed to connect into any water or sewer line owned by the district without written consent of the district. The connection with such line shall be made only under the direction and supervision of the district. Any property owner or plumber who shall make any connection without such consent of the county shail, upon conviction be subject to the penalties hereinafter provided. (0) Failure to maintain plumbing system. The property owner shall be responsible for maintaining and keeping free from obstruction the water and sewer pipes leading to and httn:l/librarv 1.municode.com/default/Doc View/1 0578/1/305/311 4/17/2008 -"--.----- ------------------ -...-.-. .- -" ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AN.fjIendl?~J!lA February 24, 2009 Page 331 of 462 connecting from the plumbing system to the district's water and sewers mains, and failure to keep the water and sewer pipes, free from obstructions and maintained in a proper manner. (p) Unpaid fees to constitute a lien. In the event that the fees, rates or charges for the services and facilities of any water or sewer system shall not be paid as and when due, any unpaid balance thereof and all interest accruing thereon shall be an automatic lien on any parcel or property affected thereby. Such liens shall be superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagor or other person except the lien of county taxes and shall be on a parity with the lien of any such county taxes.ln the event that any such fees, rates or charges Shall not be paid as and when due and shall be in default for 30 days or more the unpaid balance thereof and all interest accrued thereon, together with attorneys fees and costs, may be recovered by the district in a civil action, and any such lien and accrued interest may be foreclosed or otherwise enforced by the district by action or suit in equity as for the foreclosure of a mortgage on real property. (q) No free service. No water or sewage disposal service shall be furnished or rendered free of charge to any person, firm, corporation or governmental body. Each and every county agency, department, or instrumentality which uses such service shall pay therefore at the rates fixed by this article. (r) Separate connections for each separate unit. Unless authorized by the district, each dwelling unit whether occupying one Dr more lots and whether it shall occupy any lot Dr parcel jointly with any other dwelling unit shall be considered a separate unit for the payment of the water and sewage disposal rates and charges, and separate connections will be required for each of such dwelling units. (Ord. No. 01-73, S 1.4, 12-11-01; Ord. No. 2006-27, S 4) Sec. 134-175. submetering. (a) A landlord who is a customer of the district and who provides water and/or sewer service to rental units through a single master water meter shall, under any of the following three circumstances, be exempt from the prohibitions contained in section 134-174, paragraph (b)(1) against the sale Dr disposition of district water and/or sewer service: (1) A landlord may apportion the monthly charge for district water andlor sewer service through the master meter equally among all rental units provided that the total monthly charge to all rental units shall not exceed the landlord's actual cost for district water andlor sewer service; or (2) A landlord may install submeters for each rental unit to track each unit's usage of water service and then charge each unit according to its exact usage. A iandlord who installs submeters shall comply with the requirements of subsection (d), below and shall not recover more than his actual cost for district water andlor sewer service through the master meter and shall not pass on to his tenants any of the capital or administrative cost incurred in the installation and monitoring of the submeters Dr the billing of tenants for their water andlor sewer service usage; or, (3) A landlord may also provide water andlor sewer service to rental units through a single master water meter for no specific compensation provided that in no event shall any landlord recover more than his actual cost for district water and/or sewer service from his tenants. (b) For any rental units which are under lease agreement as of the effective date of this article [April 1, 2002], a landlord choosing to install submeters as provided in section 134-174, paragraph (b) above, shall not begin monitoring a rental unit's water usage for the purposes of charging a unit according to its actual water usage until the expiration of the then existing term under such lease agreement. Upon renewing an expired lease, or upon entering any new lease http://libraryl.municode.comldefaultIDocView/l0578/11305/311 411712008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING A1'4llenRageriiNmflM February 24, 2009 Page 332 of 462 agreement with a tenant subsequent to theeffective date of this article, a landlord choosing to submeter shall fully disclose to the tenant the landlord's ability to separately charge each rental unit according to its exact water usage. Such disclosure shall be in both of the following forms: (1) oral representations by the landlord to the tenant at the time of negotiating the iease and before either party has signed the lease agreement, and (2) by a conspicuously printed disclosure provision in the lease agreement specifically referencing the landlord's ability to submeter pursuant to the terms of this article and initialed by the tenant. (c) Upon a tenant's written request, any landlord who exercises his privilege to recover his actual cost for county water and/or sewer service shall provide to the tenant documentation of the landlord's actual cost for district water andlor sewer service as well as documentation and a written explanation of the basis for any costs charged to the tenant for water andlor sewer service. Such documentation and written explanation shall be provided within five business days from receipt of the written request. (d) Furthermore, upon dispute of a water bill by a tenant in person, in writing, by telephone, or in any other manner, a landlord shall, within five business days of receiving notice of the tenant's dispute, pursue all of the following remedies in an effort to resolve the dispute: (1) Reread the master meter and/or any submeter to verify the accuracy of the meter reading process and the working condition of the meter(s); (2) If the working condition or accuracy of the master meter or any submeter is in question after being reread, the landlord shall have the meter tested; (3) If after being tested the master meter or any submeter is found to be inaccurate or otherwise defective, the district or the landlord, as the case may be, shall immediately repair or replace the meter. (4) Provide documentation of current and past billing practices with respect to the applicable rental unit for the period of the requesting tenant's occupancy; (5) Arrange a meeting with the tenant and the property manager or some other representative of the landlord to discuss the billing process; and (6) Any tenant whose request is unsatisfactorily addressed or who has exhausted the above options without redress may bring suit in a court of competent jurisdiction to obtain relief under F.S. ch. 83, the Landlord Tenant Act. (e) All submeters must achieve no less than the accuracy standards as currently met by the district for its own water meters. In addition, any landlord installing submeters shall provide, where applicable, the following services, at the landlord's expense, which either meet or exceed the level of service currently provided by the district with respect to its water meters: (1) The landlord shall promptly, upon receiving notice, repair all submeter leaks; (2) The landlord shall promptly, upon receiving notice, replace any failed service lines or associated components; (3) The landlord shall promptly, upon receiving notice, replace damaged or deteriorated submeter boxes or lids, and shall, where applicable, lower or raise a submeter box to grade as necessary; (4) The landlord shall, upon receiving a water quality complaint, check applicable connections and flush applicable service lines; (5) The landlord shall, upon receiving a low pressure complaint, check and test the system to ensure proper operation: (6) The landlord shall locate and provide the location of all submeters and service lines upon reasonable request by a tenant; http://library1.municode.com/default/Doc View/1 0578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DJSTRICT UNIFORM BILLING, OPERA TING AN.g.enElage,mHm 2M February 24, 2009 Page 333 of 462 (7) The landlord shall tum off applicable submeters in emergency situations; (8) The landlord shall read all submeters no less frequently than once a month; (9) The landlord shall replace all submeters that become stuck or difficult to read; and (10) The landlord shall notify the tenant of a potential leak upon reading a submeter that reflects an unusually high usage. (I) The provision of water service through a single master meter by a landlord as described in this section is deemed not to constitute the sale or disposition of water service. The provision of sewer service as described in this section is deemed not to constitute the sale or disposition of sewer service. (g) Any condominium association that is a customer of the district and provides water andlor sewer service to condominium units through a single master meter may allocate the cost for such water service among its members either by equal apportionment, installation of submeters, or otherwise provided that such allocation of cost is restricted to recovery of the condominium association's actual cost for district water and/or sewer service and directly. related administrative or capital expenses incurred in recovering that cost. Upon a member's written request, any condominium association that exercises its privilege under this exemption from the prohibitions in section 134-174, paragraph (b)(1) to recover its actual cost for district water and/or sewer service and directly related administrative and capital expenses incurred in recovering that cost shall provide to the member documentation for the condominium association's actual cost for district water and/or sewer service as well as documentation and a written explanation of the basis for any costs charged to the member for water service. Such documentation and written explanation shall be provided with five business days from receipt of the written request. The provision of water service through a single master water meter by a condominium association as described in this section is deemed not to constitute the sale or disposition of water service. The provision of sewer service as described in this section is deemed not to constitute the sale or disposition of sewer service. (h) Any landlord or condominium association that elects to install submeters shall not charge a security deposit. (Ord. No. 01-73, S 2.1--2.8,12-11-01) Sec. 134-176. City of Naples service area. (a) No extension of existing distribution water mains of the water system of the City of Naples may be made within the county water-sewer district, without the prior, written consent and approval of the governing board of the district, except that this article shall not apply to the lands described in subsection (d). (b) All applications for said distribution water main extensions shall be made in writing to district staff who shall present said requests to the governing board of the district within 30 days of receipt thereof. (c) The governing board of the district may attach reasonable conditions to the issuance of permits for distribution water main extensions which conditions may inciude, but not be limited to, provisions for payment of system development charges or impact fees which are, or may be enacted by the county. (d) The City of Naples water service area boundaries are as follows: Beginning at the intersection of the easterly shoreline of the Gulf of Mexico with the southerly city limit line of the City of Naples; thence easterly along said southerly city along the easterly city limit line to the northeast corner of said Section 27; thence westerly along the north line of http://libraryl.municode.comldefault/DocView/10578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DJSTRICT UNIFORM BILLING, OPERATING Mgen<llllgenUJofll1l". February 24, 2009 Page 334 of 462 Section 26, Township 50 south, Range 25 east to the northeast corner of said Section 26; thence northerly along the east line of Section 23, Township 50 south, Range 25 east to its intersection with the southerly right-of-way line of Thomasson Drive; thence easterly along said southerly right-of-way of Thomasson Drive to its intersection with the range line lying between Range 25 east and Range 26 east; thence northerly along said range line lying between Range 25 east and Range 26 east to the northeast corner of Section 13, Township 49 south, Range 25 east; thence westerly along the north line of Sections 13, 14, 15, 16 and 17, Township 49 south, Range 25 east to the intersection of the north line of said Section 17with the easterly shoreline of the Gulf of Mexico; thence southerly along the meanders of the easterly shoreline of the Gulf of Mexico to the point of beginning. (Ord. No. 01-73, 99 3.1--3.4,12-11-01) Sec. 134-177. Appendices for rates, fees and charges. The board of county commissioners as ex-officio board of the Collier County Water-Sewer District hereby adopts the rates, fees, and charges as set forth in schedule 1[1] through 7; inclusive, appended hereto as Appendix A, which as of October 1, 2006, shall be imposed upon all users of the county water-sewer district's services within the district's boundaries and outside the district's boundaries subject to appropriate mutual agreements. The AFPI charges shall apply only to the respective ERCs reserved bypayment of the related water andlor wastewater impact fees subsequent to October 1, 2006, and these AFPI charges shall not apply to ERCs reserved by payment for the ERCs received by staff subsequent to December 31, 2012. These rates, fees and charges may be changed from time to time by ordinances or by resolutions of the board of county commissioners as ex- officio board of the Collier County Water-Sewer District, provided the board publishes, in a newspaper of general circulation in Collier County, notice of an advertised public hearing with regard to the then proposed schedule amendments. The proposed amendments (by county ordinances or board resolutions) can be agendized on the board's regular agenda, or on the board's summary agenda subject to removal to the board's regular agenda. (Ord. No. 01-73, 94, 12-11-01: Ord. No. 2006-27, 92) Sec. 134-178. Penalties. Unless another penalty is specifically prOVided for, any person who violates any section or provision of this article shall be prosecuted and punished as provided by F.S. 9 125.69. Each day the violation continues shall constitute a separate offense. Additionally, the board may bring suit for damages or to restrain, enjoin or otherwise prevent the violation of this article in the Circuit Court of Collier County. (Ord. No. 01-73, 95,12-11-01) Sec. 134-179. Confidentiality. Confidential information. (1) Information and data on a user obtained from reports, questionnaires, applications, and other material provided shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the district and county that the information is not "public record" under then applicable law, and is clearly within an exemption outlined in the Florida Public Record Law of the State of Florida, F.S. ch. 119, or its successor infunction. hl1p:/llibrary l.murucode.com/defaul1JDoc View/l 0578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER mSTRlCT UNIFORM BILLING, OPERATING ~<1"1-n<l>l.fi@llJltJM~ rebi'illiry .:14~";?1J()9 C \ I. C + Page 335 of 462 o ter Dun 1 (2) Notwithstanding any of the provisions of this article, nothing shall be construed or interpreted to require the county or the district to violate any of the applicable public records law(s). Any release of information or disclosure made by the county or district in order to comply with such law should not give rise to a claim whatsoever. (Ord, No. 01-73, 36,12-11-01) Sec. 134-180. Declaration of exclusion from the Administrator Procedures Act. The county water-sewer district board shall exercise jurisdiction over the provision of water and sewer services within the boundaries as hereinafter provided for, and shall be exempt from the provisions of F.S. ch. 120. No privately owned water or sewer utility shall be abandoned without adequate provision for continuance of service and the prior approval of the board. (Ord. No. 01-73,37,12-11-01) Secs. 134-181-134-185. Reserved. PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DiSTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A--FEES, RATES AND CHARGES SCHEDULE i-DiSTRICT-WIDE WATER and WASTEWATER RATES Effective October 1 , 2006 Water, Wastewater, Fire Meter Rates and Water Surcharqes 1 . Water: (a) Service availability charge for individually metered residential, non-residential and irrigation: TABLE INSET: Size Effective Oct. Effective Oct. Size Effective Oct. Effective Oct. 1,2006 1,2007 1,2006 1, 2007 5/8" inch $14.00 per $16.03 per 3" inch $170.94 per $195.72 per meter month month meter month month 3/4" inch 14.00 per 16.03 per 4" inch 282.98 per 324.00 per meter month month meter month month 1" inch 30.90 per 35.38 per 6" inch 563.08 per 644.70 per meter month month meter month month 1- 1/4" inch 39.12 per 44.79 per 8" inch 899.20 per 1,029.53 per meter month month meter month month 1- 1/2" inch 58.91 per 67.45 per 10" inch 1,627.44 per 1,863.33 per meter month month meter month month 2" inch 92.47 per 105.88 per 12" inch 2,198.07 per 2,516.69 per meter month month meter month month (b) Volume charge per 1,000 gallons: (i) Individually metered residential, non-residential and multi-family residential: httn:/l1ibrarv1.municode.comJdefault/Doc View/1 0578/1/305/311 4/1712008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING ~d,ptlgm M>of~ February 24, 2009 Page 336 of 462 TABLE INSET: Effective Oct. 1, 2006 Effective Oct. 1, 2007 Block 1 $1.92 $2.20 Block 2 2.88 3.30 Block 3 3.84 4.40 Block 4 4.80 , 5.50 Block 5 5.76 6.59 Block 6 7.68 8.79 (c) Block rate structure. Consumption Blocks in Gallons--Up To Or Next TABLE INSET: Meter Block 1 Biock 2 Block 3 Biock 4 Block 5 Block 6 Size 5/8" , Over 50,000 and 5,000 10,000 20,000 30,000 50,000 3/4" 1" 12,000 25,000 50,000 75,000 120,000 Over 120,000 1- 1/4" 20,000 40,000 80,000 120,000 200,000 Over 200,000 1- 1/2" 25,000 50,000 100,000 150,000 250,000 Over 250,000 2" 40,000 80,000 160,000 240,000 400,000 Over 400,000 3" 80,000 160,000 320,000 480,000 800,000 Over 800,000 4" 120,000 250,000 500,000 800,000 1,200,000 Over 1,200,000 6" 250,000 500,000 1,000,000 1,500,000 2,500,000 Over 2,500,000 8" 450,000 900,000 1,800,000 2,700,000 4,500,000 Over 4,500,000 1011 700,000 1,450,000 2,900,000 4,300,000 7,000,000 Over 7,000,000 12" 1,075,000 2,150,000 4,300,000 6,450,000 11,000,000 Over 11,000,000 2. Wastewater: (a) Wastewater service availability charge for individually metered residential, non- residential, and multi-family: TABLE INSET: Size Effective Oct. Effective Oct. Size Effective Oct. Effective Oct. 1,2006 1,2007 1, 2006 1, 2007 http://library1.municode.comJdefault/DocViewIl0578/1I305/311 4/17/2008 ARTICLE VI. WATER-SEWER DISTRlCT UNIFORM BILLING, OPERATING 1>fl!!".od;Pjj!!Il1Moof~ February 24, 2009 Page 337 of 462 5/8 inch $22.26 per $24.49 per 3 inch $287.24 per $315.96 per meter month month meter month month 3/4 inch 22.26 per 24.49 per 4 inch 476.32 per 523.93 per meter month month meter month month 1 inch 50.61 per 55.67 per 6 inch 949.23 per 1,044.12 per meter month month meter month month 11/4 inch 64.90 per 71.38 per 8 inch 1,516.92 per 1,668.55 per meter month month meter month month 1 1/2 inch 97.93 per 107.72 per 10 inch 2,719.65 per 2,991.50 per meter month month meter month month 2 inch 154.75 per 170.22 per 12 inch 4,030.95 per 4,433.89 per meter month month meter month month (b) Volume charge per 1,000 gallons: TABLE INSET: Effective Oct. 1, 2006 Effective Oct. 1, 2007 (i) All Metered Usage $3.13 $3.44 (iI) Individually Metered The maximum volumetric charge for individually metered Residential Maximum: residential property shall be 15,000 gallons per month. 3. Fire systems (dedicated and compound): (a) Fire meter. (i) Fire service meter size will refer to the largest diameter meter register installed for fire protection. (ii) Fire service meter connections that have consumption registered for three consecutive billing periods are deemed to have provided domestic or other water usage shall be billed according to regular water monthly availability and usage charges as described herein. (b) Volume charge: (i) Per 1,000 gallons. 4. Water restriction surcharge: TABLE INSET: Water Shortage Percent Reduction In Overall Flow Charge Rate Adjustment Phase- Demand Percentage Phase 1--Moderate Less Than 15% 15% Phase 2--Severe Less Than 30% 30% Phase 3--Extreme Less Than 40% 40% Phase 4--Critical Less Than 60% 60% PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATiNG AND REiGULATORY STANDARDS ORDINANCE htto://librarv1.municode.com/default/DocView/10578/11305/311 4/1712008 ARTICLE VI. W A'rER-SEWER DISTRICT UNIFORM BILLING, OPERATING Mben~a!!lhl.lll~f1:Dll, February 24, 2009 Page 338 of 462 APPENDIX A--FEES, RATES AND CHARGES SCHEDULE 2--GOODLAND SUB-DISTRICT WATER Effective October 1, 2006 Providing monthly user fees for residential, non-residential and multi-family properties in the Goodland Water Sub-district as follows: 1. Water. (a) Service availability charge: (i) Individual metered residential, non-residential and multi-family properties: TABLE INSET: Meter Size Effective Oct. 1, 2006 3/4 inch $25.00 per month 1 inch 58.00 per month 1 1/2 inch 113.00 per month 2 inch 178.00 per month 3 inch 353.00 per month 4 inch 548.00 per month 6 inch 1,095.00 per month 8 inch 1,967.00 per month (b) Volume charge per one thousand gallons ($/Mgal) of usage: (i) Individual metered residential, non-residential and multi-family properties: TABLE INSET: Block Proposed Oct. 1, 2006 , Block 1 (1) $4.30 Block 1 (1) $5.30 Block 1 (1) $6.40 Block 1 (1) , $7.40 Block 1 (1) $8.50 Block 1 (1) $10.60 (1) Same Block Rate Structure as that of Collier County Water-Sewer District. (c) Block rate structure: Consumption blocks in gallons-Up to or next TABLE INSET: Meter Block 1 Block 2 Block 3 Block 4 Biock 5 Block 6 Size 5/8" and 5,000 10,000 20,000 30,000 50,000 Over 50,000 3/4" http://1ibraryl.municode.comldefaultIDoc Viewll 0578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DTSTRICT UNIFORM BILLING, OPERA TING A1Ia~n~~ f7lre,f!1)!!\ ce5ru~iy -24, 2009 Page 339 of 462 1" 12,000 25,000 50,000 75,000 120,000 Over 120,000 1- 1/4" 20,000 40,000 80,000 120,000 200,000 Over 200,000 1- 1/2" 25,000 50,000 100,000 150,000 250,000 Over 250,000 2" 40,000 80,000 160,000 240,000 400,000 Over 400,000 3" 80,000 160,000 320,000 480,000 800,000 Over 800,000 4" 120,000 250,000 500,000 800,000 1,200,000 Over 1,200,000 6" 250,000 500,000 1,000,000 1,500,000 2,500,000 Over 2,500,000 8" 450,000 900,000 1,800,000 2,700,000 4,500,000 Over 4,500,000 (2) The usage charge shall be adjusted based on the following formula: Purchased Water Adjustment Clause (PWAC) - Existing Rates (New City of Marco Island Volume Charge - Old City of Marco Island Volume Charge)1 $0.75 = Adder Existing Goodland $/Mgal + Adder = New Goodland $/Mgal The purpose of the 0.75 factor is needed to adjust for unaccounted for water and the change in the monthly fixed charges from the City of Marco Island. For Each Rate Block: Existing Rate Block $/Mgal + Adder = New Rate $/Mgal PUBLC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A--FEES, RATES AND CHARGES SCHEDULE 3-IRRIGATION QUALITY WATER RATES Effective October 1, 2006 Irrigation Quality (Reuse) Rates 1. Irrigation quality water usage in the district shall be at the following schedule: (a) Service availability charge: Individually metered irrigation: TABLE INSET: Meter Size Effective October 1, 2006 5/8 and 3/4 inch $5.00 1 inch 11.00 1.5 inch 23.00 httn.I/,;]->T"rv 1 TTIllnir.nrJp',mrn/default!Doc View/1 0578/11305/311 4/17/2008 ARTICLE VI. WATER-SEWER DTSTRICT UNIFORM BILLING, OPERATING ANli\n~fl6liIlq)f'l11~ February 24, 2009 Page 340 of 462 2 inch 46.00 3 inch 91.00 4 inch 182.00 6 inch 346.00 8 inch 628.00 10 inch 1,005.00 12 inch 1,497.00 (b) Volume charge per 1,000 gal/ons; TABLE INSET: Type of Service Effective October 1, 2006 (i) Pressurized and distributed $0.75 (ii) Pressurized 0.39 (iii) Bulk 0,30 PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A--FEES, RATES AND CHARGES SCHEDULE 4--METER TAPPING CHARGES AND BACKFLOW DEVICE CHARGES Effective October 1, 2006 Meter Installation CharQes (Tappinq Fees) 1. Meter Installation charges to be paid to the District shall be as follows: Meter size meter tapping charges: TABLE INSET: Meter Meter Tapping Charges With Meter Meter Tapping Charges Without Size Service Line Installation Charge Size Service Line Installation Charge Effective Oct. 1, 2006 Effective Oct. 1, 2006 3/4 inch $676.00 :3/4 inch $248.00 1 inch 738.00 1 inch 282.00 1.5 inch 1,012.00 1.5 inch 493.00 2 inch 1,140.00 2 inch 618.00 The fees are based upon meter installation for a typical single-family residence. In all other circumstances, the meter installation fee shall be based upon the district's actual cost for time, equipment and materials. Backflow device charQes (1) Backflow device charges to be paid to the District shall be as follows: TABLE INSET: nttn)/lihrarvl.municode.comldefaultiDoc View/l 0578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DTSTRICT UNIFORM BILLING, OPERA TING ANlI'ln~9l@.f128\ February 24, 2009 Page 341 of 462 Meter Reduced Pressure Backflow Meter Double Check Valve Backflow Size Prevention Assembly Charge Size Prevention Assembly Charge Effective Oct. 1, 2006 Effective Oct. 1, 2006 3/4 inch $214.00 3/4 inch $108.00 1 inch 237.00 1 inch 116.00 1.5 inch 345.00 1.5 inch 294.00 2 inch 412.00 2 inch 342.00 PUBLIC UTILITIES DIVISION COLLIER COUNTY WA TER-SEWiER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A--FEES, RATES AND CHARGES SCHEDULE 5-EQUIPMENT, LABOR AND ADMINISTRATION CHARGES Effective October 1 , 2006 TABLE INSET: DESCRIPTION EFFECTIVE OCT. 1, 2006 (1) Equipment (Per Hour Rates): Rehab & Electrician's Truck $75.00 Crew Trucks . 50.00 Vactor Truck 200.00 Camera Truck 150.00 Boom Truck 100.00 20 Yard Dump Truck 70.00 10 Yarcj Dump Truck 40.00 Pumper Truck 200.00 Track Hoe (Big or Small) 50.00 Back Hoe 65.00 Olympian Generators 60.00 Dewatering System 40.00 4" Trash Pump 10.00 Mud Hog 15.00 Trailer 45.00 Signs, Barricades and/or Traffic Board 100.00 Road Saw andlor Compactor 15.00 Miscellaneous Small Equipment 5.00 (2) Labor (Per Hour Rates): Tech 1 & 2 30.00 Supervisors 40.00 (3) Administration (per incident): 15% or $300.00; Whichever is smaller. htto://librarv1.municode.comldefault/Doc View/1 0578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERA.TING Jdg!Wd~IU!6'1WQ,t~ ~ebruMy 24, 2lJOfl . Page 342 of 462 I (4) Parts and Sub-contractors I Actual Cost PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A--FEES, RATES AND CHARGES SCHEDULE 6-MISCELLANEOUS CHARGES Effective October 1, 2006 TABLE INSET: DESCRIPTION EFFECTIVE OCT. 1, 2006 New Accounts-Change of Ownership $25.00 Turn Off/Turn On at Owner's Request 38.00 Meter Re-Read (If Different--Charge is 38.00 0.00) Meter Test: Onsite Test (More than 3% Error-- 80.00 Charge is 0.00) Offsite Bench Test (More than 3% 215.00 Error-Charge is 0.00) Meter Lock 55,00 Meter Unlock, 2nd and Subsequent 55.00 Events Unlock After Hollrs - 100.00 Meter Removal 160,00 Illegal Connection . Actual Time And Material Cost, Plus Average . Consumption, Plus a $300,00 Fine Convenience Fee-Credit Card 5,00 Temporary Meter Deposit 1,000.00 Duplicate Bill Processing Fee 2.00 Non-Sufficient Funds (NSF) 15% of the Amount or $100,00, Whichever is Processing Charge Smaller Late Payment Charge 5% of Unpaid Balance Vehicle Over Meter Charge 55.00 Removal of Landscaping to Access 75.00 Meter Septage Processing Charge/1 ,000 31.00 Gallons Grease Trap Waste Charge/1 ,000 42.00 Gallons PUBLIC UTILITIES DIVISION COLLIER COUNTY WATERcSEWER DISTRICT htto://librarv 1.municode.comldefault/Doc View/10578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERA TING AN-g~n~~~1~2W. February 24,2009 Page 343 of 462 UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A-FEES, RATES AND CHARGES SCHEDULE 7--ALLOWANCE FOR FUNDS PRUDENTLY INVESTED (AFPI) Effective October 1, 2006 AFPI Schedule Per ERC--Water Svstem (*) TABLE INSET: Payment Caiendar Year Month 2006 2007 2008 2009 2010 2011 2012 January $0.00 $58,69 $234.76 $41084 $586.91 $762.98 $939,05 February 0.00 73.36 249.44 425.51 601.58 777.65 953,72 March 0.00 88.04 264.11 440.18 616.25 792,33 968.40 April 0,00 102,71 278.78 454,85 630,93 807,00 983,07 May 0.00 117,38 293.45 469.53 645.60 821.67 997,74 June 0,00 132.05 308.13 484.20 660.27 836,34 1,012.42 July 0,00 146.73 322,80 498,87 674.94 851,02 1,027.09 August 0,00 161.40 337.47 513,54 689,62 865.69 1,041,76 September 0,00 176,07 352.14 528.22 704,29 880.36 1,056.43 . October 14:67 190.74 366.82 542.89 718,96 895.03 1,056.43 November 29,35 205.42 . 381.49 557,56 733.63 909,71 1,056.43 December 44.02 220,09 396.16 572.23 748,31 924.38 1,056.43 AFPI Schedule Per ERC--Wastewater Svstem (*) TABLE INSET: 2006 2007 2008 2009 2010 2011 2012 January $0.00 $38,24 $152.94 $267,65 $382.36 $497,06 $611,77 February 0.00 47,79 162,50 277.21 391,92 506.62 621,33 March 0,00 57.35 172.06 286.77 401.47 516.18 630,89 April 0.00 66.91 181,62 296,33 411.03 525,74 640.45 May 0,00 76.47 191.18 305,89 420.59 535.30 650.01 June 0.00 86.03 200.74 315.44 430.15 544,86 659,57 July 0,00 95.59 210.30 325,00 439.71 554.42 669.12 http://libraryl.murucode.comldefault/Doc View/1 057 8/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERA TING ~encl1n~!Jof11ll\ February 24, 2009 Page 344 of 462 August 0.00 105,15 219.86 334.56 449.27 563.98 678,6B September 0,00 114.71 229.41 344,12 458.83 573.53 688,24 October 9.56 124.27 238.97 353.68 468.39 583.09 688.24 November 19.12 133,87 248.53 363,24 477.95 592,65 688.24 December 28,68 143,38 258.09 372.80 487,50 602.21 688.24 (*) AFPI fee is initiated on October 1, 2006. DIVISION 2. COLLIER COUNTY WATER-SEWER DISTRICT* *Editor's note: Ord. No, 04-55, S 2,B" provided for the relocation of LDC section 1,5.7. to be included as S 134-186. Sec. 134-186. Provision of water, sewer, and reuse irrigation water within the Collier County Water-Sewer District; applicability to special purpose independent governments: (a). The Collier County Water-Sewer District is a dependent special district created by the Florida legislature, Its governing body is ex officio the board of county commissioners. The Collier County Water-Sewer District has been charged by the legislature with the overall responsibility for thel proviSion of water and sewer services within the boundaries of the Collier County Water-Sewer Dtstrict, which are more particularly described in chapter 88-499, Laws of Florida. (b) This legislative charge is consistent with the goals and policies of the state comprehensive plan and the Collier County Growth Management Plan in that a regional utility system like that operated by the Collier County Water-Sewer District (1) fulfills the goal of assuring the ability of an adequate supply of water among competing uses by requiring development to be compatible with existing local and regional water supplies, (2) fulfills the goals of protecting the county's substantial investments in regional pubiic utility facilities by maximizing the use of such existing public facilities, (3) fulfills the goal of economic and efficient provision of quality public services which eliminates needless duplication of public facilities and instead employs the use of regional facilities as opposed to multiple or smaller scale and less efficient local, public or private utility facilities. (c) The provision and treatment of water, sewer and reuse irrigation water within the Collier County Water-Sewer District as a matter of local land development policy and regulation shall be provided by Collier County Water-Sewer District facilities in conformance with this Code and all other applicabie county ordinances, regulations and policies relative to the provision of such utility facilities and services, (d) The provisions of this Code and all other applicable ordinances, regulations and policies of the county shall be construed as applicable planning and permitting laws, rules,. regulations, and policies which control development of lands within the Collier County Water-Sewer District to be htto://librarv1.rnunicode.comldefault/Doc Viewll 0578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DI"TRICT UNIFORM BILLING, OPERA TING AN:\ge~llE2B \:jf12WA F'eEifuary 24, 2009 Page 345 of 462 serviced by a special-purpose government such as a community development district. (Ord, No. 04-55, S 2.B,) Secs. 134-187--134-200. Reserved. DIVISION 3. RESERVED" "Editor's note: Ord. No. 01-73, S 8, adopted Dec, 11,2001, repealed SS 134-201--134-204, in their entirety. Formerly, said sections pertained to extension of existing distribution water mains, applications for distribution water main extensions, permits for distribution water main extensions, conditions, water service area boundaries as related to the City of Naples Service Area, See the Code Comparative Table, Secs, 134-201--134-215, Reserved, DIVISION 4. RESERVED" "Editor's note: Ord, No, 01-73, S 8, adopted Dec. 11, 2001, repealed SS 134-216--134-219, in their entirety, Formerly, said sections pertained to general regulations, definitions, abbreviations, and supplemental service charge as related to sewer use restrictions, See the Code Comparative Table. Secs, .134-216--134-225.' Reserved, DIVISION 5. RESERVED" "Editor's note: Ord. No. 01-73, S 8, adopted Dec. 11,2001, repealed SS 134-226--134-250, in their entirety. Formerly, said sections pertained to general provisions, discharge of industrial waste, effluent quality bond, use of public wastewater system, general discharge prohibitions, maximum concentrations allowed, approval of pretreatment facilities, maintenance of pretreatment facilities, use of interceptors (traps), use of control manhole, measurements, tests, special arrangements, special arrangements; determination of acceptability, national categorical pretreatment standards, alternative discharge limits, state requirements, county's and district's right of revision, excessive discharge, pretreatment standards, slug discharges, reasonable service conditions, baseline report, compliance schedule, compliance date report, and periodic compliance reports as related to rules and regulations of the uniform utility operating and regulatory standards and procedures, See the Code Comparative Table. httn.//1inr"rvl .mnnicode.comldefault/Doc Viewll 0578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DT<:;TRICT UNIFORM BILLING, OPERA TING AAgsnilP.m.!ltl&4.Jof2~ February 24,2009 Page 346 of 462 Secs. 134-226--134-255. Reserved. DIVISION 6. RESERVED' 'Editor's note: Ord, No, 01-73, 3 8, adopted Dec, 11,2001, repealed 33 134-256--134-258, in their entirety, Formerly, said sections pertained to monitoring facilities, inspection and sampling and powers ancj authority of inspectors as related to monitoring and inspections. See the Code Comparative Table. Secs. 134-256--134-258. Reserved. DIVISION 7. RESERVED' 'Editor's note: Ord. No, 01-73, 38, adopted Dec, 11, 2001, repealed 33 134-261--134-265, in their entirety. Formerly, said sections pertained to penalties, authority to disconnect service, suspension of service, revocation of permit, and notice of disconnection, suspension, revocation as related to confidential information. See the Code Comparative Tabie, Secs. 134-261--134-270. Reserved. DIVISION 8. RESERVED' 'Editor's note: Ord. No, 01-73, 38, adopted Dec, 11,2001, repealed 33 134-271, 134-272, in their entirety, Formerly, said sections pertained to confidential information and disclosure laws as related to confidential information. See the Code Comparative Table. Sees. 134-271-134-275. Reserved. DIVISION 9. RESERVED' 'Editor's note: Ord. No, 01-73,38, adopted Dec. 11,2001, repealed 33 134-276--134-278 in their entirety. Formerly, said sections pertained to purpose, service charges and charges and fees as related to service charges and fees. See the Code Comparative Table. http://libraryl.municode.comldefault/Doc View/1 0578/1/3 05/311 4/17/2008 ARTICLE VI. WATER-SEWER DTSTRICT UNIFORM BILLING, OPERA TING ANli\ncW~I9q)f11l~ February 24, 2009 Page 347 of 462 Secs. 134-276--134-285, Reserved. DIVISION 10. WATER IRRIGATION" .Editor's note: Ord, No. 00-61, SS 1-8, adopted Sept. 26, 2000, did not specifically amend this Code. Hence its inclusion as SS 134-286--134-293 was at the discretion of the editor. See the Code Comparative Table. Sec. 134-286. Title and applicability. This division is entitled "The CoJiier County Water Irrigation Ordinance," This division shall apply only within unincorporated Collier County, (Ord. No, 00-61, S 1, 9-26-00) Sec. 134-287. Findings. The board of county commissioners hereby makes the following findings: (1) That irrigation by water during the hours of 9:00 a.m, and 5:00 p,m, increases water loss to evaporation and reduces the beneficial use of water resources; (2) That adopting an ordinance to limit irrigation between 5:00 p,m, and 9:00 a,m. will raise public awareness and promote conservation; and (3) That restricting irrigation during the hours of 9:00 a.m, and 5:00 p.m, will not create a hardship on residents of the county. (Ord. No. 00-61, S 2, 9-26-00) Sec. 134-288. Purpose. The primary purpose of this division is to provide a regulatory framework to assist in conservation of water resources through consistent and uniform use for landscape irrigation in specified geographic areas. (Ord. No. 00-61, S 3, 9-26-00) Sec. 134-289. Definitions. The following definitions shall apply throughout this division: Agriculture means the growing of farm products including, but not limited to, sugar cane, vegetables, citrus and other fruits, pasture lands, sod or nursery stock, including, but not limited to, ornamental foliage and greenhouse plants. County means Collier County, a political subdivision of the State of Florida, by and through its http://library1.municode.comldefault/Doc View/10578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DTSTRICT UNIFORM BILLING, OPERA TING JtIg!lrdf:li66't/}lof'~ Februifry 24, 2009 Page 348 of 462 board of county commissioners and as Ex-Officio the Governing Board of the Collier County Water-Sewer District and Goodland Water District. Code enforcement officer means any authorized agent or employee of the county whose duty it is to enforce most of the county's codes, County water/sewer district means the service boundaries as established in Collier County Water-Sewer District, Special Act Chapter 88-499, Laws of Florida, as now or hereafter amended, Goodland Water District means the service boundaries as established in Goodland Water District, Ordinance No. 80-43, or Its successor ordinance. Impervious means land surfaces that do not allow penetration of water, including paved roads, paved sidewalks, paved driveways, paved parking lots, or highly compacted areas, including with shell or with clay, Irrigation means the application of water from surface water or ground water sources or aquifers. Irrigation systems means equipment andlor devices which deliver water to landscaping being irrigated including, but not limited to, pipelines, control structures, pipes, ditches, pumping stations, emitters, valves and fittings, but excluding the transfer of water through water management systems from one location to another. Person means natural person, public or private corporation, firm, association, joint venture, partnership, municipality, government or governmental agency, political subdivision, and any other entity whatsoever, or any combination of same, jointly or severally, Water resources means surface and groundwater sources and aquifers, Water utility service means water service provided by a public or private utility. (Ord. No, 00-61, 9 4, 9-26-00) Sec. 134-290. Irrigation hours; operational prohibitions. (a) All water irrigation activities within .those areas and boundaries as designated in section 134-291, and which are not exempted by section 134-292, shall be restricted to the hours between 5:00 p,m. and 9:00 a.m" seven days each week, Subject to the exceptions specified in this division, irrigation by water in those areas Is prohibited between the hours of 9:00 a.m., and 5:00 p.m., seven days each week. (b) All water irrigation activities within those areas and boundaries as designated in section 134-291, 'and which are not exempted by section 134-292, shall be operated in an effective manner so as to not allow water to be applied continuousiy or primarily to any impervious surface. (c) All water irrigation activities prohibited or restricted from time-to-time by emergency orders declared by the South Florida Water Management District and published in a newspaper of general circulation In Collier County pursuant to F,S. 9373.175, Each such order shall apply to such geographic areas in the county as are specified in the respective order or, If not specified, as otherwise provided by law. Each such order shall be subject only to such exceptions as specified in the respective order, and if not specified therein, as otherwise provided by law. (Ord. No, 00-61, 95,9-26-00; Ord, No. 00-86, 91,12-12-00) Sec. 134-291. Irrigation restriction affected areas. (a) The provisions of this division shall apply immediately on its effective date to landscape htto://librarv1.municode.comldefau1t/Doc View/l 0578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DTSTRICT UNIFORM BILLING, OPERA TING N:9oo&la~c})ft~8, February 24, 2009 Page 349 of 462 Irrigation within the boundaries of the Collier County Water/Sewer District and within the boundaries of the Goodland Water District. (b) This division shall hereafter be applicable to other geographic areas of unincorporated Collier County if and when the respective geographic area is classified, by resolution(s) adopted by the board of county commissioners after public hearing, as a water irrigation restricted area, which may include areas served by private utility water service, (Ord, No, 00-61, 36, 9-26-00) Sec. 134-292. Exemptions; variances. (a) The foilowing activities are exempt from ail provisions of this division: (1) Landscape irrigation by hand watering using only a self-canceling nozzle. (2) Landscape irrigation from which the water source is only treated wastewater effluent. (3) The short-term operation of irrigation systems only for system repair and maintenance, which shall be IimiteQ to a maximum of ten minutes per zone per week and there must be a person present and working on the system during each such operation. (4) Landscape irrigation for purposes of watering in fungicides, insecticides and herbicides as required by the manufacturer of the product, or by federal or Florida iaw. This exemption, however, applies only to then licensed pest control operators and is limited to the amounts of "watering in" water specified by the manufacturer's recommendations, (5) For the first 90 days after initial installation, landscape irrigation for the purpose of "watering in" newly planted grass and foliage that constitutes a major portion of the landscaping. (6) Agricultural irrigation to the extent permitted by a consumptive or water use permit issued by the South Florida Water Management District. (b) Any person whose irrigation is affected by this division may make application to the county water director for a variance if strict compliance with this division will impose a unique, unnecessary and inequitable hardship on such service, Relief may be granted only upon submitted proof that such hardship is peculiar to that person or that affected property, the problem is not self-imposed, and that the granting of the variance would be consistent with the general intent and purpose of this division and the variance is the minimum variance necessary to eliminate the hardship. (1) The county water director is the only person authorized to grant or deny variances far irrigation activities that utilize water provided by the county water/sewer district or the Goodland Water District. The water director should render a decision on the variance request within ten working days after actual receipt of a complete application, Denial of a variance request may be appealed to the public works administrator within ten days of actual receipt by the applicant of the water director's decision on the initial request. (2) An application for variance, and/or the granting of a variance, shail operate prospectively and shall not affect any then pending enforcement action against the property owner pursuant to the provisions of this division or otherwise, (c) Should the board of county commissioners extend the provisions of this division to any other areas (only in unincorporated Coilier County), the county manager shall designate a county employee who wiil be responsible to act on behalf of the county to approve,in whole or http://library1.municode.com/default/DocView/l0578/1/305/311 4/17/2008 ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERA TING ~en~~€If14m February 24, 2009 Page 350 of 462 in part, or to disapprove, variance requests within any such designated area(s). This person may also be the county's water director, (Ord. No, 00-61, 97,9-26-00) Sec. 134-293. Penalties. (a) Violators of this division shall be issued a $25.00 citation pursuant to the county's citation ordinance. Persons who commii repeat violations may also be punished pursuant to F.S. 9 162.21, as a civil infraction with a maximum civil penalty not to exceed $500,00. Any person who violates any provision of this division shall also be subject to the county's remedies as authorized in F,S. 9125,69, and/or section 1-6 of the county's Code of Ordinances. (1) Each day (or part thereof) that there is a violation of this division by the same person or entity shall constitute a separate offense, (2) All monies collected pursuant to this division shall be used by the code enforcement department to fund continued and enhanced enforcement of this division andlor other county ordinances under its jurisdiction, (Ord. No. 00-61, 9 8, 9-26-00) Secs. 134-294--134-310, Reserved. IICollier County, Florida/CODE OF LAWS AND ORDINANCES County of COLLIER, FLORIDA Codified through Ord. No. 07-45, enacted May 22, 2007. (Supplement No. 22)/Chapter 134 UTILlTIES*/ARTICLE VI. WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS* http://libraryl.municode.comldefault/DocView/!0578/1/305/311 4/17/2008 Agenda Item No. 10A February 24, 2009 Page 351 of 462 Attachment 0 Site Photos Agenda Item No. 10A February 24, 2009 Page 352 of 462 Jean E. Valadez From: Sent: To: Subject: Attachments: Lewis, Doug [dalewis@ralaw,com] Tuesday, May 13, 2008 9:48 AM Jean E, Valadez FW: Tamiaml Square of Naples Tamiami Square 020,jpg; Tamiaml Square 021 ,jpg; Tamiami Square 022.jpg; Tamiami Square 023.jpg; Tamiami Square 024.jpg; Tamiami Square 025.jpg; Tamiami Square 026.jpg Fyi -- for your fiie. From: Lewis, Doug Sent: Tuesday, May 13, 2008 9:48 AM To: 'wides_tom'j 'GllbertMoncivaiz@coUiergov.net' ee: 'belpediojennifer'; 'CrlfasJrealtyCo@aol.com' Subject: Tamlami Square of Naples <<Tamiaml Square 020.jpg>> <<Tamiami Square 021 ,jpg>> <<Tamiami Square 022.jpg>> <<Tamiami Square 023.jpg>> <<Tamiami Square 024.jpg>> <<Tamiami Square 025,jpg>> <<Tamiami Square 026,jpg>> Tom & Gii, In follow-up to our meeting yesterday, Jerry Hartman and I went to the site and waiked the property after our meeting. For your review and file. attached are photographs of the only lift station located on the very north end of the property, Let me know if you have any further questions related to the lift station. Also, in the right-of-way median just north of the site, we noticed that the median is being irrigated by reclaimed water. Does the site have access to reclaimed water for irrigation purposes? Let us know, Thanks!! Douglas A, Lewis I_&)ANDRESS tl A LEGAL l"ROFESSIONAL ASSOCIATION www.ralaw.com 850 Park Shore Drive Trianon Centre - 3rd Floor Naples, Florida 34103 Phone: (239) 649-2712 Pax: (239) 261-3659 E-mail: dalewis@ralaw.com Profile: Douglas A. Lewis Both DOllg1as A. Lewis and Roerzel & Andress intend that lhis message be used excluRively by the adclressee(s). nlis message may comain information that is privileged. coufide11lial arld exempt from disclosure under applicahle .law _ Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please penmmently dispost' of the origi.nal message and notify Doug13s A. Lewis immediately at 1(239) 649-2712. Thank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used. to (1) avoid penalties imposed under the Internal Revenue Code or (2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. 1 " :) .,) ~ ') II ~ /.J ..( C+- '~ t oJ q,.. l(' , j. Agenda Item No. 10A February 24, 2009 'lffi2 - ~ {1 Agenda Item No. 10A February 24, 2009 Agenda Item No. 10A February 24,2009 P -.'1,. ~ J::,~'li" ~':f~y;~,:,.: ',:", - , .:. ~' 'I I i'~ I', ...., ! i ~_ " ! 1. , ...;.- " '.~>. ~~~:--, qi~~'e r~> ~~" ~-~'): , Agenda Item No, 10A February 24, 2009 I - Agenda Item No, 10A February 24, 2009 Page 360 of 462 Attachment E Pre-Application Meeting Follow-up FW: Tamiami Square - Pre-ApplicAtion Meeting with the County on W&S Impact F~nda It'~fNbof@l. February 24, 2009 Page 361 of 462 FW: Tamiami Square -- Pre-Application Meeting with the County on W&S Impact Fees Jean E. Valadez Sent: Thursday, May 22, 2008 2:35 PM To: Gerry Hartman Attachments: Document,pdf (10 K8) FYI. Jean E. Valadez Senior Office Coordinator GAl Orlando has moved I Please note our new address below: GAl Consultants, Inc. 301 East Pine Street, Suite 1020 Orlando, Florida 32801 T 407.423,8398 ext, 3126 F 407,843,1070 www.gaiconsu Ita nts,con} c,;.<<.r CQlN:Si,lLTAtITS ~ nan:;fo:nHng ld{.-<tis i11t!::t reiil,ty i"t<r 1)<112':, s.O years, Go..;! Is 3 601J-p~:t'E'J,', e."lT,pICt~e\:,"(lv,,';I':,ea, mulUC}]9:i,lliMd en9i[;{"edn') op.:! elhf',1'C'llllil::ntal OJ!1$l.1lnng firm, Srt"t";'lng 'Jljr r.:1~~nj5 'tlork1wi1e \!l ':r!,~ en,::rgy, lr'~nS\-"(jft,~Uonl {lSa~ l2~nb~, indu~t!ial and go~'~mmel'ltal m?i!-!~,=n ~ro.."'r! .Q~tlC\3 tI1~O'"ctQ\~'0,,-\l th,~. NCr,tf.t~'\~~l. i"iI::!\'\II:.';l, and SoutnecClsle:.::11 Llnile-:::l 'i;t.(jle;;. C~lt:&AA1'rtiG ~tmf 'I't:hRS Or ScR:_vrc;e CONFIDENTIAUlY NOTICE The documents and material~ transmitted herewith contain confidential and proprietary information belonging to the sender and are legally privrleged. They are solely for the use of their intended recipient. If you are not the intended recipient or the person responsible for delivering e-mail to the Intended recipient, you havE' received this e-mail in error. Inform the sender of the f'rror and remove this e-mail from your system. If this transmission includes design data and recommendations, they are provided oniy as a matter of convenience and should not be used for final design and/or constructlo n. ,___...__ _____________. .________.__.__________.___ _m__. ._______.__ .--~---..,..-..--..-..--.----~-----.-""-."-.-----.---.-.--.---.-------- From: Lewis, Doug [mailto;dalewis@ralaw,com] Sent: Thursday, May 22, 2008 2:25 PM To: CrifasirealtyCo@aol.com ee: Jean E. Valadez; Nelson, Karen Subject: RE: Tamiami Square -- Pre-Application Meeting with the County on W&S Impact Fees <<Document.pdf>> Jack, In follow-up to the below, I will follow-up on items 1 & 2 below, You are handling #3 below directly with the consultant, correct? Also, the County asked who is Sunwest plumbing and if they work for you? They work for you correct? The County said that the irrigation meter information provided to the County seemed incorrect. Jerry is going to review this information and provide foiiow-up to you and the County on this, https:llwebmaiJ ,gaiconsultants,cornlOW A/?ae=Item&a=Print&t=IPM.Note&id=RgAAAA... 5/27/2008 .-----.... ' -----.... ) FW: Tamiami Square -- Pre-Application Meeting with the County on W &S Impact FeA~enda IllOge~of6\<\ February 24, 2009 Page 362 of 462 Finally, please review the attached and confirm with Jerry and I whether it is correct and that the ERC calculation reflects what you are showing based on issued permits for the project, Thanksil Douglas A, Lewis 1_~";~~~"s&11 A LEGAL PROFESSIONAL ASSOCIATION www.ralaw.com 850 Park Shore Drive Trianon Centre - 3rd Floor Naples, Florida 34103 Phone: (239) 649-2712 Fax: (239) 261-3659 E-mail: dalewis@ralaw.com ProfIle: Douglas A, Lewis Both Douglas A. Lewis and Roetze! & Andress intend that this message be used exclusively by the addressee(s), This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. UnauthOl;zed disclosure or use of this infonnation is strictly prohibited. If you have received this communication in elTor. please permanently dispose of the original message and notifY Douglas A, Lewis immediately at 1(239) 649-2712, Thank you. From: Lewis, Doug Sent: Monday, May 12, 20086:03 PM To: 'CrifasirealtyCo@aol.com' Cc: Neison, Karen Subject: Tamiami Square -- Pre-Application Meeting with the County on W&S Impact Fees Importance: High Jack, In follow-up to the pre-application meeting today, the County is asking for the following items: 1, Sewer flows for February, March and April '08 (Shall I follow-up with J&N on this or can someone in your office track this down?); 2, The number of sewer pumps on the property, where located and how are they configured - e,g, will these pumps or single pump seryice all of the sewer flows for the entire project (Shall I follow-up with J&N on this or can someone in your office track this down?); 3, Copy of the utility plan showing location of potable water and irrigation lines (if you go with a separate irrigation meter, you'll need to have a separate irrigation line and the county will want controllers on the irrigation lines to limit to 80 gpm at peak); Also, the County asked who is Sunwest plumbing and if they work for you? They said that the irrigation meter infonmation provided to lhe County seemed incorrect. Jerry is going to review this information and provide follow- https://webmail.gaiconsultants,com/OW N?ae=Item&a=Print&t=IPM,Note&id=RgAAAA", 5/27/2008 FW: Tamiami Square -- Pre-Application Meeting with the County on W&S Impact Fe~endali\ll~~cJ;l:liBA February 24, 2009 Page 363 of 462 up to the County on this, Finally, please review the attached and confirm whether it is correct and that the ERC calculation reflects what you are showing based on issued permits for the project. Thanks!! << File: Document. pdf >> Douglas A. Lewis << OLE Object Picture (Metafile) >> www,ralaw,com <htto:llwww,ralaw,com/> 850 Park Shore Drive Trianon Centre - 3rd Floor Naples, Fiorida 34103 Phone: (239) 649-2712 Fax: (239) 261-3659 E-mail: dalewis@ralaw.com Profile: Douglas A, Lewis <tillQ:llwww.ralaw.com/atlornev.cfm?id=4512> Both Douglas A, Lewis and Roetzel & Andress intend that this message be used exclusively by the addressee (s), This message may contain information that is privileged, confidential and exempt from disclosure under applicable law, Unauthorized disclosure or use of this information is strictly prohibited, If you have received this communication in error, please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1(239) 649-2712. Thank you, Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or (2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. https:llwebmail.gaiconsultants,cOlnlOW N?ae=Item&a=Print&t=IPM,Note&id= RgAAAA", 5/27/2008 FW: Tamiami Square of Naples Agenda I~IN~, qfy,!, February 24, 2009 Page 364 of 462 FW: Tamiami Square of Naples Jean E. Valadez sent: Thursday, May 22, 2008 2:34 PM To: Geny Hartman FYI. Jean E. Valadez Senior Office Coordinator GAl Orlando has moved! Please note our new address below: GAl Consultants, Inc. 301 East Pine Street, Suite 1020 Orlando, Florida 32801 T 407.423,8398 ext, 3126 F 407,843,1070 www.gaiconsultants.com GAl eQI'lS:UlTANT!; rs ,~u;e'J.Tt~. -tm 'l'EkRS q~ S'Eft'litCE CONFiDENTIALITY NOTICE The documents and materials transmitted herewith contain confidential and proprietary Information belonging to the sender and are legally privileged. They are solely for the use of their Intended recipient. If you are not the intended recipient or the person responsible for delivering e~mail to the intended recipient, you have received thIs e~mait in error. Inform the sender of the error and remove this e~mail from your system. If this transmission includes design data and recommendations, they are provided only as a matter of convenience and should not be used for final design and/or construction. mmifOi:nltng ldca~ intO reaMy (Ot 0'.....:1 50 vea:$., GAl is. a 600-V~j:., emphJ1~e-(r'h'rJed, 1 m(J11I61~lpll"'ed ~nglr~tt...~ing aM enwonmeo121 oon:;ulung firm, ~l"t'jflg (1)1 clif.onts VlQtldwlje 1Il 'ille en.::rg)!:, lfar~po:ta-UOIl, reiH estat.e-! lrKlu5t;'lal and ga..'tmmentJ.1 (!:'\.f.,t;:c-45. ft0nl -cffi~)~ !1~:'C-u'g:WJ~! tile ~'!C;;L~~l.'ISL. t>'lld:p,'C:~t, ilI00 Sou(:tj{:!21~;ff'l unlled $tates. ./ ._----------_._._------------,-~.._--------_.._-_._-_.------------------<..------------ From: Lewis, Doug [mailto:dalewis@ralaw,com] Sent: Thursday, May 22, 2008 2: 14 PM To: Lewis, Doug; CrifasirealtyCo@aol.com Cc: Jean E. Valadez; Nelson, Karen Subject: RE: Tamiami Square of Naples Jack, Have you provided a copy of the utility plan showing location of potable water and irrigation lines to the consultant? If not, can you follow-up with Jean on this, See her contact information below, --Doug From: Lewis, Doug Sent: Tuesday, May 13, 2008 10:17 AM To: 'Jean E. Valadez' Cc: 'CrifasirealtyCo@aol.com' Subject: RE: Tamiami Square of Naples https://webmail.gaiconsultants,com/OW N?ae=Item&a=Print&t=IPM,Note&id=RgAAAA.,. 5/27/2008 AgendaFa~~fQA February 24,2009 Page 365 of 462 FW: Tal1liami Square of Naples Yes, Thank you, I have an inquiry into the client requesting this, -- Doug From: Jean E. Valadez [mailto:j,valadez@gaiconsultants,com] Sent: Tuesday, May 13, 2008 10:09 AM To: Lewis, Doug Subject: RE: Tamiami Square of Naples Thanks! Gerry asked me to remind you that you were going to send us the plans and drawings for Tamiami Square. Jean E. Valadez Senior Office Coordinator GAl Orlando has moved! Please note our new address below: GAl Consultants, Inc. 301 East Pine Street, Suite 1020 Orlando, Florida 32801 T 407.423,8398 ext. 3126 F 407,843,1070 www.gaiconsultants.com GAl ccmSQi,..T/O.flT.!; r~.~ ~ '\ TrillllSfo1l11mg lij.~~ into r.;;:2llity fN c...er S-I.l ye03t~. G.l\I i~ a .sCO-~~.;I1..,)~", efl;~lojl~e-(l'ft"lied, I /r{l.Ittll!'JZipl!.l~ed engi~et~!lng and envituf\IlE~n!21 consull.:ing firm, 5~vlrlg (JUl cfieM..s wor!~h'..:lde- m ~~le ~i"w.::n,NJ It.3.m,poTt~licn, ,e;1! .estate, lI1OIJst!J~, .~nd g(I',',:::rnlw.;n;:;;:.,1 'lioE-ri':L'1s (tl)fn o!~i'.:e... tluv;':f1.l1;'O!.:1 t.he rJ0rti/~asl, 1''''ldW~l, ",,(I'd Sl)ut~"t:~5.lern Ulll\!~j 'StiitCS. , eE1.E:IlP,J,'rr!'t(; l1:rrY YE,I;.ttS. 0' Sert'll!CE- CQNFIDENT1AUlY NOTICE The documents and materials transmitted herewith contain confidential and proprietary information belonging to the sender and are legally privileged. They are solely for the use of their intended rel;ipient. If you are not the intended recipient or the person responsible for delivering e-mail to the intended recipient, you have received this e-mail in error. Inform the sender of the error and remove this e-mail from your system. If this transmissIon Includes design data and recomme~dations, they are provided only as a matter of convenience and should not be used for final design and/or construction. From: Lewis, Doug [mailto:dalewis@ralaw.com] Sent: Tuesday, May 13, 2008 9:48 AM To: Jean E. Valadez Subject: PN: Tamiami Square of Napies Fyi - for your file, From: Lewis, Doug Sent: Tuesday, May 13, 2008 9:48 AM To: 'wldes_tom'; 'GilbertMonclvalz@colliergov.net' Cc: 'belpedlojennifer'; 'CrlfaslrealtyCo@aol,com' Subject: Tamlami Square of Naples https:l Iwebmail.gaiconsultants,comJOW A/?ae=Item&a=Print&t=IPM,Note&id=RgAAAA", 5/27/2008 FW: Tamiami Square of Naples AgendaIlllgll So:>MA February 24, 2009 Page 366 of 462 <<Tamiami Square 020,jpg>> <<Tamiami Square 021,jpg>> <<Tamiami Square 022,jpg>> <<Tamiami Square 023,jpg>> <<Tamiami Square 024,jpg>> <<Tamiami Square 025,jpg>> <<Tamiami Square 026,jpg>> Tom & Gil, In follow-up to our meeting yesterday, Jerry Hartman and I went to the site and walked the property after our meeting, For your review and file, attached are photographs of the only lift station located on the very north end of the property, Let me know if you have any further questions related to the lift station, Also, in the right-of-way median just north of the site, we noticed thatlhe median is being irrigated by reclaimed water, Does the site have access to reclaimed water for irrigation purposes? Let us know, Thanks!! Douglas A, Lewis 1_t$i)ANDRESS II A LeGAL rROFESSiONA,L ASSOCIATION www.ralaw.com 850 Park Shore Drive Trianon Centre - 3rd Floor Naples, Florida 34103 Phone: (239) 649-2712 Fax: (239) 261-3659 E-mail: dalewis@ralaw.com Profile: Dou~las A, Lewis Both Douglas A. Lewis and Roetzel & Andress intend that this message be used exclusively by the addressee(s), 1l1is message may contain infonuation that is privilegedl confidential and exempt frOlll disclosure under applicable law. Unauthorized disclosure or use of this infoID1ation is strictly prohibited. If you have received this communication in error, please pennanently dispose of the original message and notify Douglas A, Lewis immediately at 1(239) 649-2712, 1l1ank you. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or (2) support the promotion or marketing of any transaction or matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. Any federal tax advice contained herein or in any attachment hereto is not intended to be used, and cannot be used, to (1) avoid penalties imposed under the Internal Revenue Code or (2) support the promotion or marketing of any transaction or https://webmail.gaiconsultants,corn/OW AJ?ae=Item&a=Print&t=IPM,N ote&id=RgAAAA". 5/27/2008 Agenda~NcofiGA February 24, 2009 Page 367 of 462 FW: Tamiami Square of Naples matter. This legend has been affixed to comply with U.S. Treasury Regulations governing tax practice. https://webmaiLgaiconsultants,com/OW AJ?ae= Item&a=Print&t=IPM,Note&id= RgAAAA", 5/27/2008 Agenda Item No, 10A February 24, 2009 Page 368 of 462 Attachment F Excerpts from ~stem Development Charges for Water, Wastewater, and Stormwater Facilities by Arthur C. 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Eo< < ... ::0 U .. < u Agenda Item No. 10A February 24, 2009 Page 374 of 462 Attachment G Excerpts from AWWA Principles of Water Rates, Fees, and Charges ---.-..-- Agenda Item No. 10A February 24, 2009 Page 375 of 462 '. ' ~" . ,.' Principles of Water Rates, Fees, and Charges AWWA MANUAL M1 Fifth Edition FOUNDED ~ 1881 '" American Water Works Association f...........'....'. .. ~. ,,',;," if:'''; ~" i t:- " ~ r f ~. \... ~. r F ~. f , " ~: . I: Agenda Item No. 10A February 24, 2009 Page 376 of 462 LOW-JNCOME AFFORDABILITY RATES 131 government provides assistance to less affluent countries to make water service available at more affordable prices. Within North America, an increasing number of water utilities have adopted af'fordability programs. It is not unco=on to find some ele~ents of affordability rates in many major cities. POLICY ISSUES Low-income affordability alternatives are intended to address social issues, and utility involvement in such issues may be controversial. Although each utility needs to decide whether or not it will participate in such programs, an increasing number of utilities are addressing water affordability in their rates. These types of rate alternatives should be considered when a utility's cost of water is high and some customers have problems paying their bill. Indications of this scenario can include rising arrearages, higher collection costs, and more frequent shutoffs for nonpayment. In making this determination, the cost-of-service analysis should be done first without any affordability considerations. During the rate design portion of the analysis, affordability considerations can be taken into account. The rate analyst then can measure the effects of affordability alternatives and better quantifY any discounts and subsidies involved. Low-income rates typically require some degree of subsidy. The question of which customer groups should provide the subsidy needs to be addressed. UtilIties should recoguize that adopting more affordable rates can reduce the utility's costs if the low-income rates result in increased collections and reduced collection costs. The first issue to consider is at what point a water bill becomes unaffordable, While there is no clear answer to this question, the following guidelines can help utilities make such a determination: (, \ \ I i t . The Safe Drinking Water Act (S, 1547) established special assistance in co=uuities where the average residential water bill exceeds 2 percent of median income. 1 ~ I I l I I ! . The US Department of Agriculture has a program to provide funds for water' and wastewater systems, Loans are made for projects where the residential water bills are 1.5 percent of the community's median income, Grants are awarded for costs in excess of 1.5 percent, . The AWWARF report, Water Affordability Programs, suggests that programs should not be based on median income but on rates that cause water bills to exceed 2 percent of income for impoverished households. Because of the focus on impoverished households, a measure of 2 percent was selected to determine if water service costs were burdensome. Different measures of poverty can be used to determine eligibility. These include Aid to Families with Dependent Children (AFDC), Supplemental Social Security Income (SSl), minimum wage incomes, and US poverty level. Many of these measures vary with family size. Based on the results of national water and wastewater rate surveys, bills have become unaffordable for low-income households in some of our major cities. For those living on SSI,' water and wastewater bills exceeded 5 percent of income for these households in a number of cities. Perhaps the biggest issue involved with affordable rate programs is how to determine eligibility. Utilities are often uneasy about gathering, administering, and verifying income data. Fortunately, a number of existing programs can help. , j. Aoenda Item No.1 OA - February 24. 2009 Page 377 of 462 SYSTEM DEVELOPMENT CHARGES 205 I ~ ,. i amount of available capacity and investment of these existing facilities should be documented to substantiate the actual cost and value of the facilities. Determining development units. To calculate the SDC, the projected system growth in demand must be converted into common units. Units used to establish the SDC will vary with available information, timing of the SDC assessment and collection, and the billing practices used by the utility. Units may be derived from the system growth analysis and capital improvements planning. Most SDC-related facilities are. designed on the basis of annual average day use, maximum day demand, or maximum hour demand. After the SDC-related capital investment is determined, it must be divided by the applicable design capacity to obtain a cost per uuit of capacity, Each type of customer (Le., residential, commercial, or industrial) has a particular demand or capacity requirement that, when applied to the unit cost of SDC facilities, provides a measure of the investment in SDC facilities applicable to that type of customer. It is common to develop an SDC for a resideptial customer, or equivalent residential unit, using this uuit cost approach, then'develop a schedule of SDCs using co=on billing determinants that relate potential demands of other types of customers to that of the base, or residential, demand. Among the more frequently used uuits for this purpose are meter size, fixture units, and land area with associated land-use characteristics. Meter size is the most common determinant for assessing SDCs, and the capacity factors developed in Table 28-2 often are used to establish charges for cu~tomers with meters greater than %-in. When charges are coJ1ected at the time of service initiation, meter size is often used as a basis for computing SDCs although many utilities use alternative approaches in defiuing the base service uuit, including equivalent residential uuits (ERUs) or fixture uuits. Usually, equivalent service uuits are developed for customers with more intense uses or potential demand. For example, charges for larger meters may be based on AWWA-rated meter capacity using a 5IB_in. meter as the base service uuit. Total overall premise use, facility size, capacity requirement, and number of fixtures also are used with ERU-based charges. The meter size approach may be easiest to explain to customers. It is based on the potential maximum demand that the customer may put on the system, but it does not consider patterns or intensities of customer usage. Meter sizes are expressed in terms of equivalent meters, generally based on the relative capacity of various meter sizes. The ERU approach differentiates among customer classes, but it can be difficult to explain and, in some situations, difficult to determine and apply consistently_ The ERU approach is often directly related to the number of fixture units and is based on the potential loading of various fixtures. As a result, the charge for each new customer must be computed individually, which is a disadvantage to this approach. If collection of the SDC is made at the time of platting, the service uuit usually is based on an equivalent dwelling uuit. The equivalent dwelling unit is based on the estimated demand of a single-family residential unit in the service area. The charge is then based on the size of the dwelling, the types and number of fixtures, or both. Utility billing records are a data source related to system utilization. Water demand characteristics are normally expressed in terms of equivalent units to quantifY the capacities of system expansion projects. An example of the calculation of an SDC on an incremental cost basis is shown in Table 28-4. For purposes of the example in Table 28-4, it is assumed that all local, on-site facilities, su~h as distribution mains, meter, services, and hydrants, are contributed by the developer through charges and assessments other than the SDC, i I I ~ J[., Ilj ~ ! Agenda Item No. 10A February 24, 2009 Page 378 of 462 Attachment H Pre-Application Meeting with Tamiami Square and Collier County Utilities Agenda Item No. 10A February 24, 2009 Page 379 of 462 Attachment H Pre-Application Meeting with Tamiami Square and Collier County Utilities A pre-application meeting was held in accordance with the agreement between Collier County and Tamiami Square developers. 1. Tamiami Square Initial Suqqestion Numerous cities, counties and FPSC regulated entities utilize FPSC/AWlNAlFAG/F.S. section 25-30.055 and related similar sections for larger service areas which involve the methodology of meter equivalency factors. Since Tamiami Square is served by one 5/8" x %" meter and one 3" meter, as approved by the Gounty and installed and in operation and form the basis of the monthly billing Mr. Hartman initially suggested the consideration of that method. Using the meter equivalency factor methodology the resulting ERGs for the non- residential customer would be: 5/8" x 3/4" 3" Total = 1 ERG = 16 ERCs 17 ERCs See pg. 3-2 and Section 25-30.055 2. Public Utilities Response a,) Rejected due to ERG/unit approach pursuant to Ordinances 2007-52 and 2007-57 and water and wastewater impact fee study by PRMG. b.) Provided 3/31/087 letter from Gilbert Monciviaz of the Gounty suggesting two @ 2-inch potable irrigation meters for the irrigation meters for the irrigation water demand @ 6.1 ERGs, meter tapping fee of $1,140 and water impact fee of $22,060.59. See letter attached. In the future, if and when non-potable water is available then reuse water could be substituted. It was pointed out that reuse mains and service to the landscaped medians adjacent and north of the project are served by reclaimed water. GCH/jev/AOB0376.00/corresp/Attach H Page 1 of 3 07230B Agenda Item No. 10A February 24, 2009 Page 380 of 462 customer billing data for 12 consecutive months and accumulates by customer clas e number of ERCs and flows at incremental usage levels, in this case 1,Q gallon increments. The City provided detailed customer and monthly billing infor on for the fiscal year 2005/06. The data received was sorted first by customer s then by meter size into subclasses of users pursuant to meter size and servic eceived in order to detennine the number of ERCs and flow for each of the cus er classes. To verify the results, . the existing rates were applied to the calcula ERC and flow data and the resulting revenues reconciled to the reported reven during the same time period. The details of the Billing Frequen nalysis and Revenue Reconciliation are provided in Appendix A, 8, and C for r, wastewater, and reclaimed water respectively. 3.4 An account, a sed herein, consists of a single connection regardless of customer class, met ize, metered flow, or location. An ERC for water represents a level of ased on the connection's water meter size as compared to the standard water me size of 5/8" x 3/4" for a single family connection. The factors associated with the ater ERCs are provided in Table 3-1, as developed from the AWVl/A standards, Table 3-1 AWWA Meter Equivalency Factors Meter Size 5/8" x 3/4" 1,0" 1.5" 3.0" ERe Factor 1.00 2.50 5.00 8.00 16.00 25.00 50.00 80.00 115.00 2.0" 4.0" 6.0" 8.0" 10.0" TLH/jev/Reports/R-1/Sec 3 HCD # A070299,00 3-2 112907 Agenda Item NO.1 OA February 24,2009 Page 381 of 462 25-30.055 Systems with a Capacity or Proposed Capacity to Serve 100 or Fewer Persons. (1) A water or wastewater system is exempt under Section 367,022(6), F.S" if its current or proposed water or wastewater treatment facilities and distribution or collection system have and will hsve a capacity, excluding fire flaw capacity, of no greater than 10,000 gallons per day or if the entire system is designed to serve no greater than 40 equivalent residential connections (ERCs). For purposes of this rule oniy, one ERC equals 250 gallons per day. (a) Unless the Commission detennines that valid local ststistical data should be used, ERCs for residential use are as follows: Single family detacbed dwelJiogs I ERC per unit Multiple family dwellings .8 ERC per unit Mobile homes ,8 ERC per unit (b) ERCs for nonresidential use shall be based on meter size and type as follows: I, For Water Systems . Meter Size 5/8" 3/4" 1" 1112" 2" 3" 3" 3" 4v 4" 6" 6v 8" 8" 1011 10" 12" Meter Type Displacement Displacement Displacement Displacement or Turbine Displacement, Compound or Turbine Displacement Compound Turbine Displacement or Compound Turbine Displacement or Compound Turbine Compound Turbine Compound Turbine Turbine 2. For Wastewater Systems Mctcr Size 5/8" 3/4" I" 1112" 2" 3" 3" 3" 4" 4" 6" 6" 8" 8" 10" 10" Meter Type Displacement Displacement Displacement Displacement or Turbine Displacement, Compound or Turbine Displacement Compound Turbine Displacement or Compound Turbine Displacemeot or Compound Turbine Compound Turbine Compound Turbine ERCs 1.0 1.5 2.5 5.0 8.0 15.0 16.0 17.5 25.0 30,0 50.0 62.5 80,0 90.0 115.0 145.0 215.0 ERCs 1.0 1.5 2.5 5.0 8.0 15.0 16.0 17.5 25.0 30,0 50.0 62,5 80,0 90.0 115.0 t45.0 Agenda Item No. 10A February 24, 2009 Page 382 of 462 12" Turbine 215.0 (c) Where undeveloped land is adjacent to a system or proposed system the Commission msy, where appropriate, estimate ERCs for service to future development on the adjacent undeveloped land. Unless the Commission determines that valid local statistical data should be used, ERCs for residential acreage sbould be estimated as follows: Residential Use ERCs/ Acre Mobile home 4.8 Detached single family 4.0 Estimstes for other types of residential acreage and for commercial and industrial uses shall be made on a case by case basis. Specific Authority 350.127(2), 367.121(I)(f) FS. Law Implemented 367.022(6) FS. History-New 1-5-84, Formerly 25-10.10.25-10.010. Amended 11-10-86. B3/31/2BB8 B7:15 9417322585 CC ENG PLAN ROOM Agendal~~~o'~~l February74, :[(j()g' Page 383 of 462 COLLIER CO(NTY PUBLIC UTILITIES DIVISION 33-01 Ea.sl j;u'T)i!!mi Tr.tlll . Na[>ltS..Fl:ucida 34112 . [.!39-) 732:.25:15 . Fax (2.)9) n2-1.,)2'6 March 31, 2008 Ms. Stacey Morales Sunwest Plumbing, LLC 4376 I S\ Ave NW Naples, FL 34119 Subject: Potable lnigation Meter 14700 Tsrniarni Trail North - Taniami Square Dear Ms. Morales: Our office has reviewed the preliminary water-o'1Iy meter sizing information for the above- referenced address, Based on the information that you supplied to our office, the requested two inch (2") meter meets our miuimum requiremen::s and is therefore acceptable with certain conditions placed on the meter. This does not consider any continuous load d=llld. Since our review is for the miuimum size requirement, the engineer should consider all rel::vant factors before approving the final meter size. You should apply for the meter with the Public Utilities CUstomer Service Department located at 4420 Mercantile A venue. A meter tapping fee (of $1 ,140 and a water impact fee of $22,060.59 will be charged based on an ERe value of 6.1. Please bring this letter with you at time of payment. The fees quotod in this letter are valid for 90 days from the date ofthis letter. If YDU have any further questiDns or concerns reg:arding the information conllrined in this letter or in the attachments, please feel free to contact me at (239) 252-42 I 5. Sincerely, (]Jk;t ~. Gilbert Moncivaiz Operations Analyst co: Pam Libby, Water Distribution Heather Sweet, Customer Service Supervisor Craig Callis, Engineering Services Diane Deoss, Utility Billing Supervisor C:fG'\(liJl~erirls 7e<:h/Meftt slxinalPl'<>jtct:rlJrrI m"'=I" &: 10<< , Agenda Item No. 10A February 24, 2009 Page 384 of 462 239 261 5775 P.01 May-15-07 08:26 Cr1~as1 Raa1 EstatQ FACIMILE ~I1WAI~ M!AJ.ltJiIMJI,NJlII'~ \q1rP ~ TO: PAM - Collier Coun Phone: 239-530-6727 fax: 239-530-6237 FROM: Diane Hall, Administrative Assistant, Property Mnet. Phone: 239-594-7000 Fax: 239-261-5775 DATE: Mav 16.2007 Pages (with cover sheet): 3 SUBJECT: Potable Irrie:ation Meter Applications Piper's Crossin!! and Tamiami Sauare o Urgent ~or Review o Please Comment 0 Please Reply Pam: PI~ase find attacheu the compJet~u information with regard \0 the applications for potabk irrigatinn for Piper's Crossing and Tal11iami Square. Thank. you. again. for your help in this matter. If you shmtld have any que,;tions, please give me a call. Diane Hall Property Management AssistanT Off: 239-594-7000 Cell: 239-877-1556 ""f.k-'<:_ h,-~', ..:!!1liI _..........",.~<-.~ <<.... J4......~ d;6<~';--- /c; ~ 1h-u....,u../-t fdh Attm:hmenT . ("lImmtnt1i: Tilt' infnrrnarioll t'0I11fli..t'd ht:Tt"ln ill '('Ue-I)I pri....ilt'Jt"l:d :md ((mGl1cDti.lllnfnl'mulluJI illtc-nckd "'lly rU'l" tile lllie...r tnr. i1tdiylduul ur- entity nfllUtd Ilbl1ve. If the' rttu!er ur thl1l. mN,ftRg.e is: nut lhe irll('ndtd reelpk.t. )'1'10 art her-ehy nurifir.l thAI nlll' unauthnrl7.('d di,!leminilltllll1. d!lIi'ribuliu... fir ropy r,(lblli cmnmunlNlriOn b: tilrh:lly pmhlbikd. U)flU hllvf' "~(C'h'ed Ibis cummunit-lIlth)llln error. plu!fot' IIOlif" ulllm.medl.tl'ly b1lelcphonc-. Th..nL, you. Crite51 Management, Inc. 2375 Tamiaml Trail North. Suite 208 C . Naples, Florldlll34103 PH: a3$.S!W.7600 . Fax: 239.261-6775Email: Crtfaslreallyco@aol.com Agenda Item No. 10A February 24, 2009 Page 385 of 462 COLLIER COUNTY PUBLIC UTILITIES DMSION 3301 ~ Tami,mj Tnrli . N.~les. i'lari4.. 34112 . (tl9)7~2'261S . Far,:!.39) 1j2-~..6 Mary 17,2007 Ms. Diane Hall Crifasi Management, Inc. 2375 Tamiami Trail North, Suite 208 C Naples, Florida 34103 Subject: 14700 Tamiami Trail North I Tamiami Square Potable Irrigation Meter Sizing Dear Ms. Hall: Our office has reviewed the preliminary irrigation meter sizing information for the above- referenced address. Based on the information that you supplied to oUr office, a irrigation meter meets our minimum requirement and is therefore acceptable with certain conditions placed on the meter. This does not consider any continuous load demand. Since our review is for the minimum size requirement, the engineer should consider all relevant factors before approving the final meter size. You should apply for the meter with the Public Utilities Customer Service Department located at 4420 Mercantile Avenue. A meter tapping fee of $ and a water impact fee of $ will be charged, based upon an ERC value of . These fees are in addition to the fees paid on the domestic meter. If you have any further questions or concerns regarding the information contained in this letter or in the attachments, please feel free to contact me at (239) 732-2575, Sincerely, C~d,m<L<<. G"'" Pamela Eck Engineering Technician cc: Pam Libby, Water Distribution Heather Sweet, Utility Billing and Customer Service Wes Hill, Engineering Services Jacquelyn DeSear, Impact Fee Coordinator May-1.6-07 08:26 Cr1~as1 Rea' Estata 239 261. 5775 Agenda Item No. 10A February 24, 2009 Page 386 of 462 P.02 .' ~cv POT ABLE lRRIOA TlON MF.TER APl'LICA TrO~ SlteAddre.sr. Itf100 T&rifflo-<.. 'fieA..ll. ~ "-l'pU=I'.Nam", J~i".__ ~w-.-~ /'f4IU V(J!., Ap~llesllt'f~m~#: ~j '1-,:,1 -:?~ Faxfl:">-,,Jr-;:;"~/-:-J.'7'f1 S-- 0/. ~.,At"'/M:lilng :G.i"~ J?,r ~k flf:r;~_ IV ~;-Oi. I(/d/ILJ /Pc.+ ~~3' l'..-...llN'UlIIber ("A,,"UCUU): R.Jq~..t.d M.ltr SI>o: 3 " SUMMARY 01' lRlUGATIOl'lSYSTEMc.u.cut.AnON,S: 1'0<01 tI o(ZO....: / /.) , Tot;d CoJl.... t>oo,. ''!In."I. (C'PM) Pl."r~1'I.'" ZOl'lJ;;l: fie:> zo.lIt.E 6, ZONE 2: "to ZONE 7: ZONE 3: 6(1 ~ ZONE S: ZONE ., I c><-' zom ~: Iou "-0 'To. 9(;> ZONE 5: '/t':__ 'ifmar. tIw\ tell (10) ~ntS. ple1ls. oc\llch IlllditlolUll SlIm . MuI....um NUll\bcr .rZancs RuMlne .t 0"0<: (j) ZONE I~: 2.t1/YE. /I 2..(Jf>J{: 11. ~o NdN'L. _A/tJMF - I'U.uz Sfl1!MlTCOMPUT];l> FOJfN ,J.VD 605" X JJ- J>RAwtNC1 $HOWfN01.oe,<'1"tONOF P/lOJ'..,.ItTr....'1D n(2UE-ST&D }:.OCA7'JO}J O}" P!<OPO.<:E:D lRfUG,<t'/Otl MGrE!< TO: .E:~.~cri".. Tcc..tcin Pu,>Uc \.1utU5n O~.ll,,-.s :"QJ"t~ Tl"1dI t.. :BhlfH' Napl.., FL J'U~ l'~"" (%:lPI ""-'>71 r..: (D') "f>.I>T.I1 .~Imt).ct rC'~ win unu1\1 to ALL I:)oto.bll! mel:t-I1o', ~ 1~~~ln~ r.. .75" s~16..PO I" S73&.OO <P '\Y= Imp:u:l Fee . Sl,4151ERC: ER~l+[(P.al< GPM'-24)120) MIrlbnul1I Imp.ct Foes . I UC r..st R.n~e 1 I.1-U SIuo 1.5" T'Rn"hn~ Fer 51,012.00 SI,140.00 ERe RAnRo 2.6.5 5,1-8 PU)J.LJ'c; {l'rt!.lTlES rise ONLY pe.1l1:.(;PMrnr-Propa,,~li SY'tetI.C Mlnlmu.m M"tt. SlulUqulrO<l: Approved: Dat<; I'o'lLlo. I.'p"et F.., T.pplDg Ch.rge: Tc~ Initials or rrvioww-: /?, # S l! S 1 ~ ~ ( (,HiHH,' ,C"~^ IJ'....~, '^ /" ,~ ..,.,. Agenda Item No. 10A February 24, 2009 Page 387 of 462 3. Developer Comments on Payments Doug Lewis summarized the payments and water and wastewater ERCs vested for the project as: Permit # 2003092564 2007080564 2003092564 2005121723 Cafe Italia 2005121721 2005072983 Total . Before C.O. ERCs Paid 7.5 4.5 1,9 5.6 2.3 2.0' 3.5' 27.3 4. Consensus on IrriQation Meters Developer agreed with the County 3/31/08 letter and committed to install the two (2) irrigation two (2) inch meters as stated. The above plus the agreement between the parties for the 2-year audit/study following County acceptance provides for reasonable assurance on the irrigation portion of the service. 5. General Discussion Proposed Alternate MethodoloQY by Developer Mr. Hartman proposed the M-1 AWWA, Impact fee book, and consistent with PRMG and County ordinance unit county approach per ERC, Phase 1 Phase 2 Phase 3 Total 17 units 10 units 5 units 32 units (Bldg 100) See units and tenant information attached dated 5/6/08. 6. Meetinq Result Alternate Methodoloqy A.) Water and Wastewater Total Units Paid Units Payment Due 32 27.3 4.7 ERCs ERCs ERCs B.) Irrigation Meters (2) @ 2" (3/31/08) Total ERCs 6.1 Water Only GCH/jev/AOB0376.00/corresp/Attach H Page 2 of 3 072308 0) ::l '" '" >-< 0) 0) I'L< ..... ~ i .... 0) ~ IZl , ~ ~ , ::l o '.g ~ ] g al E-'< ~ o<l >-< 0) gj ..::l p.. ~ 0' IZl I E-'< 00 o o N \0 ~ <r> Agenda Item No. lOA February 24, 2009 Page 388 of 462 , .S '" <l> ..... - ;> .. 0 0 0 '0 = .. ::8 <r> <r> 0 0 0 'lt1Zl ..... ..... '" ..... <r> ." .. 'D r-- - = 'D r-- - 0 0 .. .. 0 0 8 , 00 , ~ - , , <r> 0 <r> .. ..... ..... 0 , ..... d.~ N , ." , ..... , , r-- .~ N , N ~ ..;- 0 Q ..... N ..... , 'D - 'D ..;- 0 'D 00 r-- = 0 r-- 0 , r-- 0 0 0 .. .. , 0 , <r> 0 , , , '" - ..... , 00 0 , ..... 0-, ..... .. .. N ..... N , <r> , ..... , >~ , , , N , ..... , N ..;- ..... 00 ..... 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'" ' Uo~ Agenda Item NO.1 OA February 24, 2009 Page 389 of 462 ~ .. en os ....-= 0.... ~ ~ !:i CI t- !5 ~9 - = = I..l ~ ~ .. '" N Uo.... . 1._ > I I " ~I " \. <! - 5i' ~ Ii' , . t I: t ~ ~ 1 '" .; .~ '; ~ l!!l " .. '; . " " . -f' " ",' I I "" N BUILDING KEY PHASE I Agenda Item No. 10A February 24, 2009 Page 390 of 462 \iirm tPsN\ t ~U.A R:E 14"10b 'TA-mIArrlllli. No. t-.!-AFte5, \9-..1Ano /::::::-.. r---~ YWytl,-~ t1:..J U.u6 ' p~:1 J.17hq. fL b~ilJ --.-.----.---... ~i0 Unit 1 1~:}~ I j .,- .',. . ~ .-.~~~~---~l41 """:"1:1) - J -' 1 ,1 I UnitS 1\61~Jq.ft. -.--'---' Unl!'." 1,6201q. ft. Ua.it10 l,610Iq. ft. tlnittt 1.610 sq. n. ---.-'-'-' UnIt 11 1,610 sq,. {to Unlt13 1,o2()s:q.~ .-.-'--.- Unit If 1.6"2.0 sq. ft. Unit IS 1,6'10sq.l't. ,~~-,-'-'-' Un.lt16 1,620 $q. n. C711"a"~ Unit 17 1.601 sq. n. " iJ'---" " ..J I ,.---- f li~ I l.~ I t------- " --7--J f~ ---....:--, ~-----~ ~ t:i I , ~------ " " ..'------ " " , t------- " " , 1------- " " , 1------- - "I!! 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'1\ .,.:. oi.; ": ms,w"c;r,\l:KI"" ~xrs.TtNG PARKlNG ,I; 'I Il!.! :;; ": '-Ii. ~\" \\ 1!l: 1\1'(..\\1,1'" . ,. .. '1'1"'1 1'1' ' ,.' -' (I'! ~. .: r . .,": ., ~ ~', ::-.. : . ::-'t~Wr~~c. ..... 21 ,^"lUt. v., III ~ ~:(l;'l,~l/ 1"~Ull}1 PdSTINr. 1'1.. ,"(lI'sn,\. ~l 1 'J '~ 'n 'i,{ WI .1 :~ 1\: \ :'. ::~ : I' l' rRO"O~~U RfCl'CLt! nU.SIII NClQSURr . . ~~.Wlllr..t.q\'1 '.ltWIl;,f~l'\Kf' "II '.:UP~H,~; ,;;'1 ___ .~b.~l\l,L I,' ,iI':{l" LII^iQ,,(i ::~~:i'~~":; >"\lE :; . . ~:. ;. '! : ~ . "i ': 1', ,,tol'IH :.\ll! _ ~m."" ~!'..n' .......'.... 1, ! "r,'.',L.tI'.'" '1 i , UHlT2 PROPOSED :' : [ -,-,-~,,~_~f?9.: 1?~ _j~ I it! "'"'. :' 7,OOHS, WNc..........il . .ti~lij ~J;~~t ' IIIIIIIIUi-J'''' ". : \ UHSPllNWD m\.. -'. ., OHESlOO ;::-~~:;!'':'r~'"iii<rHT:i4'i ..,.- H. EI.l\', . '''~ KG.v.n u~rn ;" r ;,0; "'. ,.,. ':1 I;'. Ii,' : I : ~ ! '. UNrr,'" " .. l{ OJ E. ~ CI,l C.,... U.~c: '--~ i::~, CI,l'E .. III (JJ (I}-.oJ\ c; "C 10. Il=: OJ 3,:: ~ Clh:: ~ IX) 0('1'1: C-Q'li XeC, 0..'- ....., ..1 2\',rFR~.~J- ~ '-"1 Bl[)(;,\f.l"""'" ~', 1.-"."," I I t.X!\T\Nt:. P. , , , I .: I 16'''1(1[ \ fro> CONI" wALK -. l '~, . ',,: , " I l;-I , , I I I I \ i I . I....\. \'1. ';', "!', . 'I ...., ,! ~~ 'IJ., Ii": il".;'\"'l),".'! UNITS ....-r I : , , : ; ! : : ! "'! , .m_ ;', ::::-'f11 ~c:.::~:r1~l . . ... I '~i 1'1 'i.1 : .il I; ('O,",,"\.~I;,\I+:I,I.l\d'. IIUH.:(.lll,I" txl~Tlt"t; I '.J I,' .:..i I', A~ x I:: j" '(~l :'.~ . 'f:~'~.'~; . " . "~'!.~~ ~.. ;7 ':'.~:: ! 1.:=;: " \ .~:.( .,i~ '" .-...~~- ... .-. .. I;;:h . ,', '. i 1 .~. i 4 '. ----- 9NIHWn"ld.LS3MNnS g1558pS5sn 01:91 B000/S0/E0 Agenda Item No. 10A February 24. 2009 Page 393 of 462 7. Vested Flow Rates for Study/Audit (cil 32 ERCs (Potable Only) Water and Wastewater a.) Water LOS 350 gpd AADF (i) Annual Average Daily Flow through potable (non irrigation meters) = 32 x 350 gpd AADF or 11,200 gpd (ii) 2 month peak factor (see page 29 Table 1 PRMG 40.00 + 33.33 = 1.2 (iii) 2 month audit use on average day of that period limit is 11,200 gpd x 1,2 or 13,440 gpd for test period. b.) Wastewater LOS 250 gpd AADF (i) Annual Average (12 month period) Daily Flow = 32 x 250 = 8,000 gpd AADF (ii) 2 month peak factor (see page 32 Table 2 PRMG) 40.100 + 30,846 = 1.3 (iii) 2 month audit of use on average day for that period is 8,000 gpd x 1.3 or 10,400 gpd. 8. Proposed Additional Payments a.) Irrigation meters 3/3/1/08 (i) Tapping fee (ii) ERCs irrigation $ 1,140.00 $22,060.59 b.) Water potable service) impact fees - unit count (i) 4.7 ERCs x $3,575 $16,803.00 c.) Wastewater impact fees - unit count (i) 4.7 ERCs x $3,495 $16.427,00 $56,430.59 Total Amount Due 9. Consensus of Follow-up a.) Answer questions and requests for information by County. This activity is complete. b.) Submit alternative methodology signed and sealed by engineer. This letter report and attachments satisfies this final item. GCHfjev/A080376.0D/correspJAttach H Page 3 of 3 072308 -..--. Agenda Item No. 10A February 24. 2009 Page 394 of 462 Attachment I Gerald C. Hartman, PE, ASA Resume GERALD C. HARTMAN, PE, BCEE, ASA Vice President Agenda Item NO.1 OA February 24,2009 Page 395 of 462 Page 1 EDUCATION B.S., Duke University, 1975 M.S., Duke University, 1976 PROFESSIONAL AFFILIATIONS Diplomate - American Academy of Environmental Engineers American Society of Civil Engineers National Society of Professional Engineers Florida Engineering Society American Water Works Association Fiorida Pollution Control Association American Water Resources Association Water Environment Federation Fiorida Water and Pollution Control Operators Association Florida Waterworks Association American Concrete Institute (ACI) Water Management Institute American Society of Appraisers PROFESSIONAL REGISTRATION Alabama No. 19422 Arizona No. 28939 Colorado No. 31200 Florida No. 27703 Illinois No. 062-053100 Indiana No. 10100292 Kentucky No. 22463 Louisiana No, 30816 Maine No. 10395 Maryiand No. 12410 Mississippi No. 12717 New Hampshire No, 10820 New Mexico No, 15990 North Carolina No. 15264 Ohio No. 70152 Pennsylvania No. 38216 South Carolina No. 15389 Tennessee No. 105550 Virginia No. 131184 Wisconsin No. 32971 NCEES National P.E. No. 20481 American Society of Appraisers CM No. 7542 QUALIFICATIONS SUMMARY Mr. Hartman is highly qualified in environmental engineering with special expertise in utility management; facility planning; rate charge and fee studies; and funding and grants. Mr. Hartman is a qualified expert witness in the areas of water suppiy and treatment, wastewater treatment and effluent disposal, rate making, service areas, utility system appraisals, landfill siting, and utility creation/managemenU acquisition projects. EXPERIENCE Utilitv Finance, Rates. Fees and Charqes Mr. Hartman has been involved in hundreds of capital charge, impact fee, and installation charge studies involving water, wastewater, stormwater and solid waste service for various Florida,entities, He also has participated in hundreds of user rate adjustment reports. Since 1976, Mr. Hartman assisted in the development of over 50 revenue bond issues, 20 short-term bank loan systems, 2 general obligation bonds, 26 granUloan programs, 10 capacity sale programs, and 20 privatization programs. He has been involved in over hundreds of utility acquisitioniutility evaluations for acquisition. and is a qualified expert witness with regard to utility rates and charges, and utility negotiation. arbitration and condemnation cases. A few of his water, wastewater, reuse and/or solid waste rate and charge projects include: . Flagler County - Impact Fee Analysis, 2005 . Flagler County - Base Facility Charge Analysis, 2005 . Marion County - Silver Springs Regional - Water and Wastewater Revenue Sufficiency, 2004 . Beverly Beach - Water and Wastewater System, 2004 . Village of Bald Head Island - Water and Wastewater Rate Sufficiency, 2004 . Farmton Water Resources, Inc. - FPSC, 2004 . B&W Water Resources, Inc. - FPSC, 2004 . Marion County - Stonecrest, Marion Oaks, Spruce Creek, Salt Springs, South Forty, Smyral Vilias - Rate Integration/Phasing Program, 2003 . City of North Miami Beach - Water and Wastewater Adjustment, 2003 . City of Fernandina Beach - Water and Wastewater Rate Study, 2002 . 51. Johns County - 51. Johns Water Co. Rates, 2003 Ii gai consultants ttllnsfurmlngldces Into ttlllllv. GERALD C. HARTMAN, PE, BCEE, ASA Vice President Agenda Item No. 10A February 24, 2009 Page 396 of 462 Page 2 . St. Johns County - Intercoastal Rates, 2001 . Nashua, NH - Pennlchuck Water Co., 2002 . City of Deltona - Water and Wastewater, 2002 . Town of Lauderdale By-The-Sea, 2001 . FICURA - Palm Coast Rates,Certification, 2000 . Marion County - Pine Run, Oak Run, AP, Utilities - Rate Integration, 2000 . City of North Miami Beach - Revenue Sufficiency Analysis, 2000 . North Key Largo Utility Authority, 2000 . Port St. Lucie - St. Lucie West - CDD, 1999 . Hanover County - Water and Wastewater, 1999 . UCCNSB/Sugarmill,1999 . Town of Hope Mills, 1998 . Town of Palm Beach, 1998 . City of Winter Haven. 1998 . Palmetto Resources, Inc. - Raw Water, Reuse, Water, and Wastewater, 1997 . City of Miami Springs - Analysis, 1997 . Widefield - Water and Wastewater, 1997 . Bullhead City - Wastewater, 1996 . Marion County, 1996 . Utilities Commission, City of New Smyrna Beach - Water and wastewater Rate Study, 1995 . Okeechobee Utility Authority - Rate and charge study, 1996 . Southern States - Statewide rate case, 1995 . Englewood - AFPI and capital charges, 1995 . Lee County - Rates and charges, 1995 . Venice - Reuse rate study, 1994 . Utilities Commission, City of New Smyrna Beach - Capital charge study, 1996 . Port St. Lucie" Water, gas and wastewater rates, 1994 . Port St. Lucie - Capital charge study, 1995 . Bullhead City - Assessment study, 1996 . Englewood - Assessment study, 1996 . Sanibel - Capacity sale study, 1995 . City of New Port Richey" Rate and charge study, 1995 . Acme Improvements District, Wellington, Florida - Water/wastewater studies, 1994 . Charlotte County, Florida - Water/wastewater studies; Rotunda West rate case, 1993 . Clay County, Florida - Water/wastewater studies, 1992 . City of Deerfield Beach, Florida - Water/wastewater studies, 1992 . City of Dunedin, Florida - Water/wastewater studies, 1991 . Englewood Water District, Florida - Water/wastewater studies, 1993 . City of Green Cove Springs, Florida - Water/wastewater studies, 1991 . Hernando County, Fiorida - Water/wastewater studies, 1992 . City of Lakeland, Florida - Water studies, 1976-89 . Martin County, Florida - Water/wastewater studies, 1993 . City of Naples, Florida - Water/wastewater and solid waste studies, 1992/94 . City of New Port Richey, Florida - Water/wastewater studies, 1994 . City of North Port, Florida - Water/wastewater studies, 1992 . City of Orange City, Florida - Water/wastewater studies, 1985-94 . . City of Palm Bay, Florida - Water/wastewater studies, 1985-94 . City of Panama City Beach, Florida - Water/wastewater studies, 1993 . City of Sanibel, Florida - Water and reuse studies, 1988-94 . Southern States Utilities Inc., Florida - Wateriwastewater studies and statewide rate cases, 1991/93 . City of Tamarac, Florida - Water/wastewater studies, 1993 Ii gai S~E~~~J.!~:!!~. GERALD C. HARTMAN, PE, BCEE, ASA Vice President Agenda Item NO.1 OA February 24, 2009 Page 397 of 462 Page 3 . Utilities Commission, City of New Smyrna Beach, Florida - Water/wastewater and reuse studies, 1992/94 . Volusia County, Florida - Solid waste studies, 1989 . City of West Palm Beach, Florida - Water/wastewater and reuse studies, 1993/94 . City of Sebastian, Florida - Water/wastewater studies, 1993 . City of Tarpon Springs, Florida - Water/wastewater studies, 1994 . City of Miami Springs, Florida - Water/wastewater and solid waste studies, 1994 . City of Edgewater, Florida - Water/wastewater and solid waste studies, 1987-90 . City of Venice, Florida - Reuse studies, 1994 . City of Port Sl. Lucie - Water/wastewater studies, 1994 . Ocean Reef Club, Monroe County, Florida - Wastewater studies, 1994 . Placid Lakes Utilities Inc" Florida - Water/wastewater studies, 1994 . Old Overtown-Liberty Park, Birmingham, Alabama - Wastewater studies, 1994 . Bullhead City, Arizona - Wastewater studies, 1994 . Lehigh Utilities Inc., Lee County, Florida - Florida Public Service Commission rate cases for water, wastewater and reuse, 1993 . Marco Island and Marco Shores Utilities Inc., Collier County, Florida - Florida Public Service Commission rate cases for water, wastewater and reuse, 1993 . Venice Gardens Utilities Inc., Sarasota County, Florida - Rate cases for water, wastewater and reuse, 1989/91/93 . Mid-Clay and Clay Utilities Inc" Clay County, Florida - Water/wastewater studies, 1993 . Several expert witness assignments including Palm Bay vs. Melbourne; Tequesta vs. Jupiter; Town of Palm Beach vs. City of West Palm Beach; Cily of Sunrise vs. Davie; Kissimmee vs. Complete Interiors; and others. Facility Planninq Mr. Hartman has been Involved In over 50 water, wastewater and/or solid waste master plans, several interlocal negotiations and agreements, over 100 capital improvement programs, and numerous capital construction fund plans, He represented the American Society of Civil Engineers in the State Comprehensive Plan as a Policy Advisory Committee Member on the Utility Element, and participated in the preparation of Comprehensive Plans, Chapter 9J5, for more than 20 communities. Mr. Hartman was involved in the impiementation of several stormwater utilities in Fiorida. Economic Evaluations/Credit Worthiness Analyses . Credit Worthiness Analysis for Drinking Water State Revolving Fund (1999) - Florida Department of Envlronmentai Regulation . Credit Rating Reviews (1980-2000) - for numerous investor-owned utiiities; many city-owned utilities (Winter Haven, Port St. Lucie, Miramar, Tamarac, Palm Bay, North Port, etc.); many county-owned utilities; several not-for-profit utilities; and utility authorities (OUA, etc.) . Financial Feasibility and Engineer's Revenue Bond Reports (1980-2000) - fDr over $2 billiDn Df water and/Dr wastewater bonds for some fifty (50) entities in the Southeast United States including Clay, Lee, HernandD, Martin, and other counties; Lakeland, West Palm Beach, Miramar, Tamarac, Panama City Beach, Winter Haven, Naples, North Port, Palm Bay, Port St. Lucie, New PDrt Richey, Clermont, Orange Cily, Deerfield Beach, Sanibel, City of Peachtree City, Widefield, and many Dther cities; Lee CDunty Industrial Deveiopment Authority, Englewood Water District, and other utilities. . Privatization Procurement and Analysis for many water and wastewater systems including Sanibel, Town of Palm Beach, Temple Terrace, Palm Bay, Widefield, Bullhead City and sever others. Neaotiations/Service Area Mr. Hartman has participated in over thirty-five (35) service area formations, Chapter 25 F,S. certifications, Chapter 180.02 reserve areas, authority creations, and interlocal service area agreements including Lakeland, Haines City, Bartow, Winter Haven, Sanibel, Sl. Cloud, Palm Bay, SBWA, ECFS, MWUC, Edgewater, Orange City, UCCNSB, Port St. Lucie, Martin County, OUA, NKLUA, DDUA, and many others Ii gai consultants tr31'lsfonnlng Ideas Into reallt.,. GERALD C. HARTMAN, PE, BCEE, ASA Vice President Agenda Item No. 10A February 24, 2009 Page 398 of 462 Page 4 Mr. Hartman has been a primary negotiator for interlocai service agreements regarding capacity, joint-use, bulk service, retail service, contract operations and many others for entitles such as the Town of Palm Beach, Miramar, Lauderdale-By-The-Sea, North Miami Beach, Collier County, Marion County, St. Johns County, JEA and many others. PUBLICA TIONS/PRESENT A TIONS Mr, Hartman has presented several training sessions and seminars throughout the State of Florida for the American Water Works Association, the American Society of Civil Engineers, the Water Pollution Association, and the Florida Water and Pollution Control Operators Association, He has presented and/or published more than 30 papers on water, wastewater and solid waste utility systems including: Hartman, G.C,; "Determining The Effectiveness of Solid Waste Collection;" M.S. thesis, Duke University, Durham, North Carolina, 1976. Dajani, J.S" Vesilind, P.A., Hartman, G,C.; "Measuring the Effectiveness of Solid Waste Collection," Urban Analvsis, 1977, Vol. 4; Gordon and Breach Science Publishers LId,; Great Britain. Vesilind, P.A., Hartman, G,C., Skene, E.T.; Sludae Manaoement and Disoosal for the Practicino Enoineer; Lewis Publishers Inc.; Chelsea, Michigan; 1986. Rimer, A., Vesllind, P.A., et. aI., (Hartman contributing author) Resource Recoverv Unit Ooerations, Prentice Hall, 1981, Hartman, G.C., Utility Management and Finance, (presently under contractual preparation with Lewis Publishing Company/CRC Press). Hartman, G.C., and R. J. Ori, "Water and Wastewater Utility Acquisition," AWWA Specialty Conference, 1994. Hartman, G.C. and R.C. Copeiand, "Utility Acquisitions - Practices, Pitfalls and Management," AWWA Annual Conference, 1995. Hartman, G.C., "Safe Drinking Water Act" and "Stormwater Utilities" FLC Annual Meeting, 1995. Hartman, G.C" M.A. Rynning, and R.A. Terrero, "5-Year Reserve Capacity - Can Customers Afford the Cost?" FSASCE Annual Meeting, 1996. Hartman, G,C., T.A. Cloud, and M.B. Alvarez, "Innovations in Water and Wastewater Technology" Florida Quality Cities, August 1996. Hartman, G.C., Seth Lehman, "Financing Utility Acquisitions" AWWNWEF Joint Management Conference, February 1997. Hartman, G.C., M.B, Alvarez, and J.R. Voorhees, "Softening for Color Removal" FWRC Conference, April 1997. Hartman, G.C" BV. Breedlove, "Water: Where It Comes From and Where It Goes" FRT & G/FDEP Conference, September 1997. Hartman, G,C., W.o. Wagner, T.A. Cloud, and R.C, Copeland, "Outsourcing Programs in Seminole County' AWWNWEF/FPCOA Conference, November 1997. tj gai consultants trDr\sforrnlng IlIen Into r~~lltl'4t GERALD C. HARTMAN, PE, BCEE, ASA Vice President Agenda Item No. 10A February 24, 2009 Page 399 of 462 Page 5 Hartman, G.C., M,B, Alvarez, J.R. Voorhees, and G.L. Basham, "Using Color as an Indicator to Comply with the Proposed D/DBP Rule" AWWA, Water Quaiity Technology Conference, November 1997. Hartman, G,C" "In-House, Outsourcing and the Non-for-Profit Utilities Option", Florida Government Finance Officers Association (FGFOA) Conference, March 27, 1998. Hartman, G,C. and D.P. Dufresne, "Understanding Groundwater Mounds - A Key to Successful Design, Operation and Maintenance of Rapid Infiltration Basins' April 4-7, 1998. FWWNWET/FPCOA Joint Meeting. Hartman, G.C. and Seth Lehman, "Financing Water Utilities - Acquisition and Privatization Projects" AWW A Annual Conference, June 24, 1998, Hartman, G,C., "Utility Valuation," Wake Forest University Law School Seminars Series, February 7,2003. Hartman, G,C" H.E. Schmidt, Jr., and Michael S. Davis, "Biosolids Application in Rural DeSoto County, Florida," WEF/AWWAlCWEA Joint Residuals & Biosolids Management conference, February 19-22, 2003. Hartman, G.C. contributing author, Chapter 14B, Nichois on Eminent Domain, RCNLD Valuation of Public Utilities, March 1999 Edition, Release No. 48, Hartman, G.C" M.A. Rynning, and V, Hargray, "Assessment of Commercial Customer Water Impacts," AWWA2000. Hartman, G.C.,M. Sloan, N.J. Gassman, and D.M. Lee, "Developing a Framework to Balance Needs for Consumptive Use and Naturai Systems with Water Resources Availability," WEF Watershed 2002 Specialty Conference, February 23-27,2002. Hartman, G.C. and Dr. M. Wanielista, "Irrigation Quality Water - Examples and Design Considerations," ASCE Conference, April 4, 2003, Hartman, G,C" M.A. Rynning and V, Hargray, "Assessing the Water Demands of Commercial Customer," WEF Volume 6, No, 4, July/August 2003 - Utility Executive. Hartman, G.C., D. Cooper, N, Eckloff and R. Anderson, "Water," The Bond Buyer's Sixth Southeast Public Finance Conference, February 23, 2004. Waniellsta, Marty and G.C. Hartman, "Regional Stormwater Facilities", Stormwater Management for Highways Transportation Research Board TRB AFB60, July 12, 2005. Ii gal consultants lnnsformlngldenlntorelllltye Agenda Item No. 10A February 24, 2009 Page 400 of 462 MEMORANDUM IN SUPPORT OF APPEAL TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA I amiami Square of Naples, LLC, a Florida limited liability company PETITIONER, vs. \11' Jim Mudd, County Manager, Collier County, Florida RESPONDENT. / MEMORANDUM IN SUPPORT OF APPEAL OF LETTER DATED AUGUST 29, 2008 FROM MR. THOMAS G. WIDES, OPERATIONS DIRECTOR, PUBLIC UTILITIES, COLLIER COUNTY WATER-SEWER DISTRICT AND REQUEST FOR ALTERNATIVE IMPACT FEE CALCULATION BASED ON PETITIONERS ALTERNATIVE IMPACT FEE STUDY Petitioner, Tamiami Square of Naples, LLC, a Florida limited liability company, by and thmllgh their undersigned counsel, file this memorandum in support of the appeal of the above referenced letter (the "Letter") pursuant to the terms of that certain Agreement Regarding Alkratm: Impact Fee Calculation dated May 13,2008 by and between Petitioner and the Collier County Board of County Commissioners acting as the governing body of the Collier County Water-Sewer District (the "Agreement") and state in support thereof as follows; Points in Support of Appeal I. Petitioner's shopping center project is known as Tamiami Squarc, Petitioner's first phase of development is known as Unit 300, and it contains 17 constructed and built-out tenant spaces comprising over 31,000 square feet of shopping center space. Petitioner's second phase of development is known as Unit 400, and it contains 10 constructed tenant spaces . '7) ~ i 11I...l. i i)[J(j, Agenda Item No. 10A February 24, 2009 Page 401 of 462 c"ll1prislllg over 19.000 square feet of shopping center space. Only 4 of the tenant spaces in the ,econd phase have been built-out by tenants. In addition, Tamiami Square contains 2 out-parcels ""'lYn as l nit 100 and Unit 200. Unit 100 is under construction and a certificate of occupancy has not becn issued by the County for this Unit. Unit 200 was sold by the Petitioner to a third- partv purchaser for value, and the County is withholding issuance of the certificate of occupancy on tills Umt until water and sewer impact fees due and owing for this Unit are paid, Water and .,ewcr Impact fees were not invoiced or collected by County staff at the time the building permits were issued for these Units. Out of the combined 27 tcnant spaces in the first and second phases of Petitioner's dewlopment, 6 tenant spaces have never been built-out or leased to a tenant. All such 6 tenant spaces arc located in Petitioner's second phase of development. In February 2008. Petitioner's representatives met with County staff to discuss a demdnd hy staff for payment of an additional $46,920 in water and sewer Impact Fees (e.g. S-I1.12()(J() for water impact fees instead of the $19,275 charged by the County and paid by Petitioncr plus $47,200.00 for sewer impact fecs instead of the $22,125 charged by the County and paid hy Petitioner), which amount staff failed to invoice and collect from the Petitioner in Cllnnectlon with building permit number 2003092564 applied for in September 26, 2003. 4. In Fcbmary 2008 and subsequent to staffs initial demand for payment of an aJdiuonal 546,920, staff then: (i) recalculated the water and sewer impact fees and demanded paymcnt thlJ1] Petitioner of an additional $288,623.50 in water and sewer impact fees; and (ii) delayed and withheld issuance of building permits and certificates of occupancy for tenants of lan1laml Square. Petitioner disputed Staff's dcmand for an additional $288,623.50 in water and selVcr Impact fees and sought to pursue an alternative impact fee calculation process with County sian 71 ~ 'I lid; IKUI' 2 Agenda Item NO.1 OA February 24,2009 Page 402 of 462 , To date, a total of $131,968.00 in water and sewer impact fees for Petitioner's lirst and second phases of development have been paid to the County. (l. Pursuant to the Agreement, Petitioner delivered on August I, 2008 its alternative IInpaet fee calculation proposal to the County based on the unit count method (not the meter c'yUivalcney approach that was rejected by County staff in the Letter). 7. On Sunday, August 31, 2008, Mr. Tom Wides sent an e-mail to Petitioner's attorney with the Letter (the Letter was attached as a .pdf file and was dated as August 29, 2008) c<lIlfinnlng that the alternative impact fee calculation proposal was complete and rejecting the Petitioner's alternative impact fee calculation proposal. See, Exhibit "A". This e-mail and Letter not ice was received by Petitioner's attorney on Tuesday, September 2, 2008 as the offices of Pctitioner's attorney were closed on Sunday and also closed on Monday in recognition of Labor I l)ay g On October I, 2008, the County Attorney's Office received bye-mail delivery J rom Petitioners Attorney tiling a formal appeal of the Letter and requesting that the Board approve its alternative impact fee calculation proposal. See, Exhibit "B".' <J. After filing its appeal, Petitioner has been working in good faith with County staff tu seek a fair resolution to this dispute. 10. On Thursday, January 8, 2009, Petitioner first received noticc from the County Attorney's Oftice that the appeal had been scheduled to be heard by the Board on Tuesday, January 13. 2009. Petitioner thereafter immediately requested a continuance for purposes of: (i) helllg ahle to comply with Resolution 98-167, (ii) assisting the Board better understand the ! Iht' Executive Summary prepared by County staff in advance of the January 13,2008 Board meeting incorrectly "ialcs that Stafr notified Petitioner on August 29, 2008 of its rejection of Petitioner's alternative impact fee ccllculation proposal. ~~ I'he ExecutIve Summary prepared by County staff in advance of the January 13,2008 Board meeting incorrectly ~l,lks th.llllle Appeal was received by the County Attorney's Office on October 2, 2008. '-)[t-' '11(,.PI)lJI); 3 Agenda Item NO.1 OA February 24, 2009 Page 403 of 462 disputed ISsues, and (iii) having time to continue working with staff to seek a resolution beforc tile appeal hearing before the Board. liOn January 13, 2009, the Board granted a continuance of the appeal until the January 27. 2009 Board meeting, and Pctitioncr continues to work with staff in good faith in order to scek a [air resolution acceptable to all parties. 12 The Executive Summary prepared by County staff in advance of the January 13, 201)~ Board meeting states that based on Section 74-303 (d) 2 (g) of the Code, water and wastewater impact fees are based on flows. Pursuant to Section 74-303 (d) 2 (g), water and sewer Impact fees are to be determined by the ERC value resulting from the projected average daily flows See. Exhibit "C". L') In establishing water and sewer impact fee rates, annual average daily flows (";\,\DF) are used in the Collicr County Water and Wastewater Impact Fee Study by Public Resources Management Group, Inc., not four month averages and not peak flows, See, the Appeal and see also Exhibit "E," As such, Section 74-303 (d) 2 (g) looks at estimated or projected AAIJF In order to make an apple to apple flow comparison. 14 Based on the data period (e.g. March 2007 to August 2008) for historical water no\!' s as contained in Exhibit 3 to the letter by Mr. Wides dated August 29, 2008, the annual average daily nows ("AADF") for the project is 41.6 water ERCs, not 54.9 water ERCs. I; urther. wilen the data period is expanded to include the months of September, October, November and December 2008, the AADF for the project is approximately 40.1 water ERCs and the !c)ur month average is 31 water ERes, not 54.9 water ERCs. See, Exhibit "D", l:i Based on the historical flow for wastewater usage contained in the appeal, the ,\,'\I)f for Petitioner's first phase of development is 18 ERes, not 54.9 ERCs. See, Table t of Pctitioner's alternative impact fee calculation proposal. According to Petitioner's consultant Mr. . ,-, P I i II'~-' (J()II,' 4 Agenda Item No. 10A February 24, 2009 Page 404 of 462 [Jerry Hartman. any inflow and infiltration is already accounted for in the runtimes providcd to ('ounty stalT and included in the 18 sewer ERC calculation. Further, when sewer discharges out 1'rom the project pump station it goes into a pressurized (not a gravity) system, and as such, does not create any into inflow and infiltration. See, Exhibit "E". To account for the 6 tenant spaces Incated in Petitioner's second phase of development that have not been built-out or leased to date. our client proposed in its alternative fee calculation 26.5 sewer ERCs for Petitioner's first and second phase of development (which includes credit for additional shopping center retail I:CRs based on square footage for these 6 units) and 5.5 additional ERCs for Units 100 and 200 In be paid prior to issuance of any certificates of occupancy, II> Pursuant to Paragraph 6 of the Agreement Regarding Alternative Impact Fee Calculation dated May 13, 2008, the methodology used in Petitioner's alternative impact fee calculation does not need to be the same methodology used by the County to calculate water and sewer Impact fees pursuant to Chapter 74 of the Collier County Code of Ordinances. Petitioner's ~Iwrnativc methodology is the unit count approach. Further, as stated in Petitioner's appeal, at no tnne prior to the delivery of Petitioner's alternative impact fee calculation did staff object to the unit count methodology. Further, the Letter certifies that Petitioner's alternative impact fee calculation whIch was based on the unit count methodology was complete, 17. The unit count method is well documented and supported by the historical flow as demonstrated in Petitioner's alternative methodology report. Petitioner's alternative methodology report documents the correlation between the unit count methodology and histOrical record by looking at 2007 annual averages for water and wastewater flows. The only "ill calendar year with complete data. Pctitioner's alternative methodology report concludes that the Ul1It count method is valid and approximately applied, See, Tables 1,2 and 3 of Petitioner's alternative methodology report. ; -~ I':: I I I {,../ ~ d(Jlll 5 Agenda Item No. 10A February 24, 2009 Page 405 of 462 l~. Taken as a whole, staffs calculation of 54.9 water ERCs (for Petitioner's first ,lIld second phase of development only) and 54.9 sewer ERCs or 32 sewer ERCs (for I'etilioner', lirst and second phase of development only) is incorrect and is not supported by hlstoncal Ilow data or the unit count methodology, Whercfore, Petitioner respectfully requests that the Board of County Commissioners rClcd Stairs calculation and that the Board approve Petitioner's alternative impact fee c"kulation proposal. Respectfully submitted, ~~~ Douglas A, ~q. Attorney for Petitioner Florida Bar No. 0177260 Roetzel & Andress 850 Park Shore Drive, Trianon Centre, Third Floor Naples, FL 34103 (239)649-6200 . " _, I 111l"1' O(J(ll 6 Agenda Item No. 10A February 24, 2009 Page 406 of 462 Certificate of Service I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via e-mail to lhe fClllowing persons this 1751 day of January, 2009. feffi'cy A. Klatzkow, Esq. Icnnifer Bclpedio, Esq. Collier County Attorney's Office .BI) I E. Tamiami Trail, 8th Floor Naples, FL 34J 12 Mr. Jim Mudd, Collier County Manager 3301 E. Tamiami Trail, 2nd Floor Naples, FL 34112 ~~~ Douglas A. Lewis, Esq. Attorney for Petitioner Florida Bar No, 0177260 Roetzel & Andress 850 Park Shore Drive, Trianon Centre, Third Floor Naples, FL 34103 (239)649-6200 '''17 111,J-{HI(!l 7 Agenda Item NO.1 OA February 24,2009 Page 407 of 462 EXHIBIT "A" J"' ~ I r, -l- -. 011 ( I , 8 Lewis, Doug Agenda Item No. 10A February 24, 2009 Page 408 of 462 From: Sent: To: Cc: Subject: wldes_tam [TomWides@colliergov.net] Sunday, August 31, 2008 729 AM LewIs, Doug belpediojenmfer; MoncivaizGilberl; CurryAmiaMarie FW: Tamiami Square Final Response Package Attachments: z-Package-FINAL Response to Tamiami Square Calcuation.pdf i!J7 '. l-, .' ~-Package",FINAL Response to Ta. Dou,:? I /d:tached Y()l~ wi.Ll find staff's response to the propposed alternative fee calculation that ""Ol: subrni tted on behalf of Tamiami Square. As I noted to you last week when we saw each other- at:: Community Development, staff considers the submittal complete; however, upon .-e\ iew of the documents you submitted, staff has rejected the submittal. :.;t:aEf ~l rEsponse is attached with the available options for your client to pursue to :-e~O~\lt~ t}-e outstanding impact fees. ]'-YU}: t;:rwa.rd to hearing your client1s decision on the options very soon. Tom Wides :..'C'lTI r1ULcJ,\aizGilbert :';I~~t; '[~L 8/28(2008 2:17 PM ""cde~: tom I:>~ Cll)~(yAm]aMal"ie; , Rob Ori'; MoncivaizGilbert SlJt'ject: Tamiami Square Final Response Package l'rI, I~'::l.e L:~ t rJe Fl nal Response Package for Tamiami Square. All supporting documentation has been .'I.GdE-'c! 1-{,;l::"ct,:O]:>/ i:; scheduled for certified mail tomorrow. T~1dn~ }-';)\I G1 _b~' rt , i1:: q,: l/'W'.VW exchangedefender. com/verify. asp? id=m7SEix9B005972&from=scalalay@prmginc.com> Page 1 of 2 Agenda Item No. 10A February 24, 2009 Page 409 of 462 Lewis, Doug From: Sent: To: Cc: be I ped loje n n ifer [Jen niferSel ped io@colliergov.net] Wednesday, October 01,2008151 PM LewIs, Doug wldes_tom Subject: FW Tamiami Square Final Response Package Attachments: z~Package-FINAL Response to Tamlaml Square Calcuation.pdf > 3\ -e,:(;lved your telephone message ntn ,otee en August 31 to you bye-mail Sl'-:GtI'J t:cnstrue the Agreement deadline. Attached IS an e~mail evidencing the transmittal of Tom Wides' AU9ust In the splnt of cooperation, the County Attorney is very likely not gOing Jennifer From: wides_tom Sent: Tuesday, September 30, 2008 10:05 AM To: belpediojennifer Subject: FW: Tamiami Square Final Response Package From: wides_tom Sent: Sunday, August 31, 2008 7:29 AM To: LEWIS, DOUG Cc: belpedio]ennifer; MoncivaizGilbert; CurryAmiaMarie Subject: FW: Tamiami Square Final Response Package Doug Attached you will find staffs response to the propposed alternative fee calculation that you submitted on behalf of Tamlaml Square As I noted to you last week when we saw each other at Community Development, staff conSiders the submittal complete; however, upon review of the documents you submitted, staff has rejected the submltta: Staffs response IS attached with the available options far your client to pursue to resolve the outstanding impact fees I look torward to heanng your client's decision on the options very soon. Tom Wides From: MoncivaizGilbert Sent: Thu 8/28/2008 2:17 PM To: wides_tom Cc: CurryAmiaMarie; 'Rob Ori'; MoncivaizGilbert Subject: Tamiami Square Final Response Package Tom H'lee IS tne Final Response Package for Tamiaml Square All supporting documentation has been added. H,"dcopy IS scheduled for certified mall tomorrow 111aClK /0,_, I 'j"'lilllJ Agenda Item No. 10A February 24, 2009 Page 410 of 462 EXHIBIT_"B" . -II : ] I ,..;- OliO ~ 9 Page I 01'2 Agenda Item No.1 OA February 24, 2009 Page 411 of 462 Lewis. Doug From: lewIs, Doug Sent: Wednesday, October 01,20086:09 PM To: 'belpediojennifer' Cc: wldes_tom; KlatzkowJeff; SchmittJoseph; 'jimmudd@colliergov.net'; Nelson, Karen Subject: RE, Tamlami Square Final Response Package Attachments: Document.pdf J';:iln"fl::-r Suny [i1~ll missed you when I called. On behalf of my client. I am making every effort possible to work this out Wlth:lUl 'lavln9 to go to the Board on this matter, and I appreciate your assistance on thiS, Attached, please find a CC pv 0' the Appeal Hard copies to follow I would like to meet with Jim Delony, if possible. Thanks' C'iUj From: belpedlojennifer [mailto:JenniferBelpedio@colliergov.netj Sent: Wednesday, October 01, 2008 1:S1 PM To: leWIS, Doug Cc: wides_ tom Subject: FW: Tamiami Square Final Response Package I >SI received your telephone message 2,'tr etl'Of' on AU9ust 31 to you bye-mall s[i"lcliy :onstrue the Agreement deadline Attached IS an e-mail evidencing the transmittal of Tom Wides' August In the spirit of cooperation, the County Attorney is very likely not going Jennifer --~ ---~._-_. --.-.-.. - --_.._-_.._-_.,.,.._---_._--------_.__._--'----~----- From: widestom Sent: Tuesday, September 30, 2008 1O:0S AM To: belpediojennifer Subject: FW: Tamiami Square Final Response Package From: wldes_tom Sent: Sunday, August 31, 2008 7;29 AM To: lEWIS, DOUG Cc: belpediojennifer; MoncivaizGilbert; CurryAmiaMarie Subject: FW: Tamiami Square Final Response Package Doug Attached you Will find staff's response to the propposed alternative fee calculation that you submitted on behalf of Tamlaml Square, As I noted to you last week when we saw each other at Community Development, staff conSiders the submittal complete; however, upon review of the documents you submitted, staff has rejected the submittal Staff's cesponse ;s attached with the available options far your client to pursue to resolve the outstanding impact fees I ;)0<. forward to hearing your client's deCision on the options very soon. Tom Wides I I~": lillt) Page 2 of2 Agenda Item No. 10A February 24, 2009 Page 412 of 462 --"'-'-'~--^'-'--_.-----._-~.."",_.__.__._- From: MoncivarzGilbert Sent: Thu 8/28/2008 2:17 PM To: wrdes_tom Cc: CurryAmiaMarie; 'Rob Ori'; MoncivaizGilbert Subject: Tamiami Square Final Response Package T eFTI Here IS the Final Response Package for Tamiaml Square. All supporting documentation has been added. H''''Jcopy is scheduled for certified mail tomorrow Tha'IK 'IOU Gilbert I '17 '..'(III<i Agenda Item NO.1 OA February 24,2009 Page 413 of 462 EXHIBIT "C': I I : (,.1' 00(1 ~ 10 ,\II.IICII: Ill. SPECIAL REQUIREMENTS FOR SPECIFIC TYPES OF IMPACT FEES Page I of 16 Agenda Item No. 10A February 24, 2009 Page 414 of 462 ARTICLE III. SPECIAL REQUIREMENTS FOR SPECIFIC TYPES OF IMPACT FEES Sec. 74-301. Overview of special requirements. Because this chapter is a consolidation of impact fee regulations for different types of public facilities, this article III shall establish and provide additional or different provisions, requirements and limitations that apply only to a particular type of public facility. A separate section within this chapter has been included for each type of public facility. In the event of a conflict between the general provisions of this chapter and the specific provisions set forth in this article III, the terms and provisions of article III shall control (Ord No 01-13, S 1, 3-13-01) Sec. 74-302. Special requirements for road impact fee. (a) Short name. This section may be known as "Special Requirements for Road Impact Fee." (bl Purpose. It is hereby ascertained, determined and declared: (1) Both existing development and development necessitated by the growth contemplated in the comprehensive plan will require improvements and additions to the transportation network to accommodate and maintain traffic at the level of service adopted by the county. Future growth, as represented by new development, should contribute to the cost of improvements and additions to the transportation network required to accommodate and traffic generated by such growth as contemplated in the comprehensive plan. (2) The required improvement and additions to the transportation network needed to accommodate existing traffic at the level of service adopted by the county shall be financed by revenue sources of the county other than road impact fee, (3) Implementation of a road impact fee to require future development to contribute the cost of required transportation capital improvements and additions is an integral and vital element of the regulatory plan of growth management incorporated in the comprehensive plan of the county. (4) Future growth as represented by new development requires capacity additions to roads within the state highway system, the county road system and the city street system, The provision of these growth necessitated capacity additions to the state highway system and certain portions of the city street system directly benefits all residents of the county and is interrelated with the provision of growth necessitated Improvements to the county road system. In recognition of these findings and the interconnections between the various road systems, it is the intent of the board to Impose an impact fee on development occurring within the county and to utilize the proceeds to construct or acquire contemplated improvements and capacity additions to the transportation network. (5) The board expressly finds that improvements and additions to the transportation network provide a benefit to all development within the county in excess of the road Impact fee. (6) In recognition that transportation planning is an evolving process, it is the intent of the board that improvements and additions to the transportation network be reviewed and adjusted periodically to insure that road impact fees are imposed equitably and http ,Ii hr"ry:5 .rnunieode.com/defaultlDoe View/ I OS 78/l/! 29/ 132 I/ 17/2009 M~]\(II III SI'FC1AL REQUIREMENTS FOR SPECIFIC TYPES OF IMPACT FEES Page2of16 Agenda Item No. 10A February 24,2009 Page 415 of 462 lawfully and are utilized effectively based upon actual and anticipated growth needs at the time of their imposition. (7) The county has a responsibility to provide and maintain certain roads in the county In both the unincorporated areas and within incorporated areas of the county. Placing a fair share of the burden of the cost of providing the improvements and additions to the transportation network required by development within incorporated areas constitutes a county purpose, Construction occurring within incorporated areas impacts the county road system and state highway system within the county, In recognition of these findings, it is the intent of the board to impose the road impact fee on all development occurring within the county, including areas within municipal boundaries (8) The purpose of this section is to require the development within the county to provide for capital improvements and additions to the transportation network which are necessitated by such development. This chapter shall not be construed to permit the collection of road impact fees from development in excess of the amount reasonably anticipated to offset the demand on the transportation network generated by such development. (9) This chapter shall not be construed to permit the expending or encumbering of any monies collected through road impact fees for the construction of improvements or additions to roads which are not contained within the transportation network. ie) Limitation on applicability See section 74-103. (d) Payment. See section 74-202. \ e) Use of funds. (1) The road impact fee shall provide funds only for off-site growth necessitated improvements or addition(s) to transportation network roads within the same road impact fee district where the respective development is located or for arterial or collector roadways of anyone or more adjacent districts. Road impact fees from each such road impact fee district may be used in the respective adjacent district(s) provided that: a, The improvement to be made in the adjacent district is part of the transportation network that will directly benefit development in the district from which the road impact fees are generated; and b. The expenditure of road impact fees within the respective adjacent road impact fee district is reasonably related to the benefit derived by the district wherein the road impact fees are collected (2) Prior to the expenditure of road Impact fees for a capital improvement or addition located in a road impact fee district other than where the impact fees were derived, a professional engineer shall provide a specific determination of benefit and demonstrate compliance with the requirements of this section for the proposed expenditure. Expenditure of road impact fees in a road impact fee district other than from where the impact fees were derived shall require approval from the board and the board shall su pport the approval by a specific finding of benefit. (3) Access improvements, including required right-of-way dedications, shall be provided by the applicant in accordance with all other applicable ordinances of the county. (4) Road impact fee district boundaries (where a road right-of-way is used to define road district boundaries, that portion of the road right-of-way demarcating the boundary may be considered as part of either district that it bounds). a Road impact fee district number 1 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix S, attached hereto and incorporated by reference. Road impact fee district number hur:.1 i bral) 5 .l11unicode.com/defaultJDoc Viewl I OS78/I/I 291 132 I !17 12 009 ..\I{II(IJ III. SI'I~.ClAL REQUREMENTS FOR SPECIFIC TYPES OF IMPACT FEES Page 3 of 16 Agenda Item No. 10A February 24, 2009 Page 416 of 462 1 shall include all areas previously included within district numbers 1 and 2 created by Ordinance No. 85-55, as amended The road impact fee rate schedule incorporated in schedule 1 is hereby adopted and the road impact fees established in the road impact fee rate schedule are hereby imposed on all development located within road impact fee district number 1 at a rate established under the applicable impact fee land use categories. b. Road impact fee district number 2 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix B, attached hereto and incorporated by reference. Road impact fee district number 2 shall include all areas previously included within district numbers 3 and 5 created by Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated in schedule 1 is hereby adopted and the road impact fees established in such road impact fee rate schedule are hereby imposed on all development located within road impact fee district number 2 at a rate established under the applicable impact fee land use categories. c. Road impact fee district number 3 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix B, attached hereto and incorporated by reference. Road impact fee district number 3 shall include all areas previously included within district number 4 created by Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated in schedule 1 is hereby adopted and the road impact fees established in such road impact fee rate schedule are hereby imposed on all development located within road impact fee district number 3 at a rate established under the applicable impact fee land use categories. d. Road impact fee district number 4 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix B, attached hereto and incorporated by reference. Road impact fee district number 4 shall include all areas previously included within district number 6 created by Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated in schedule 1 is hereby adopted and the road impact fees established in such road impact fee rate schedule are hereby imposed on all development located within road impact fee district number 4 at a rate established under the applicable impact fee land use categories. e. Road impact fee district number 5 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix B, attached hereto and incorporated by reference. Road impact fee district number 5 shall include all areas previously included within district number 9 created by Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated in schedule 1 is hereby adopted and the road impact fees established in such road impact fee rate schedule are hereby imposed on all development located within road impact fee district number 5 at a rate established under the applicable impact fee land use categories. f. Road impact fee district number 6 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix B, attached hereto and incorporated by reference. Road impact fee district number 6 shall include all areas previously included within district number 8 created by Ordinance No. 85-55, as amended. The road impact fee rate schedule incorporated in schedule 1 is hereby adopted and the road impact fees established in such road impact fee rate schedule are hereby imposed on all development located within road impact fee district number 6 at a rate established under the applicable impact fee land use categories. g. Road impact fee district number 7 is hereby created or affirmed to include the hllp:, bbrary5.1111ll1icode,com/default/DocView/10578/11129/132 1117/2009 ..\1\ I I{ll II I -;j>I:CIAL REQUIREMENTS fOR SPEClFIC TYPES OF IMPACT FEES Page 4 of]6 Agenda Item NO.1 OA February 24, 2009 , ... Page 417 of 462 boundaries set forth and established as descnbed and depicted In appendix B, attached hereto and incorporated by reference. Road impact fee district number 7 shall include all areas previously included within district number 11 created by Ordinance No. 85-55, as amended. No road impact fee shall be initially imposed upon development located within road impact fee district number 7. h, Road impact fee district number 8 is hereby created or affirmed to include the boundaries set forth and established as described and depicted in appendix. B, attached hereto and incorporated by reference. Road impact fee district number 8 shall include all areas previously included within district numbers 7 and 10 created by Ordinance No 85-55, as amended. No road impact fee shall be initially imposed upon development located within road impact fee district number 8. (5) The board of county commissioners hereby establishes (or affirms) eight separate trust funds for the road impact fees to be designated as the "District Number 1 Road Impact Fee Trust Fund", "District Number 2 Road Impact Fee Trust Fund", "District Number 3 Road Impact Fee Trust Fund," "District Number 4 Road Impact Fee Trust Fund," "District Number 5 Road Impact Fee Trust Fund," "District Number 6 Road Impact Fee Trust Fund", "District Number 7 Road Impact Fee Trust Fund, and District Number 8 Road Impact Fee Trust Fund." (6) The monies deposited into the respective road impact fee trust funds shall be used solely to provide additions and improvement to the transportation network required to accommodate traffic generated by growth. (f) Impact fee rates. The road impact fee rate schedule incorporated in schedule 1 is hereby adopted and the road impact fees established in the road impact fee rate schedule are hereby imposed on all development as required in this chapter at a rate established under the applicable impact fee land use categories (gl Annual mid-cycle road impact fee rate indexing. Beginning November 1, 2002, the county shall commence a three-year road impact fee update cycle pursuant to subsections 74-201 (b) and 74-502(a) of this chapter. During each of the two mid-years between updates, the county shall implement indexed adjustments to the cost components of design, utilities, mitigation, Interchange, carrying cost, construction, engineering, inspection, the non-land components of nght-of-way acquisition costs and the land value component of rights-of-way costs based on the percentages of increase set forth in the adopted "Collier County Impact Fee Indexing Study" prepared by Tlndale-Oliver and Associates. Inc., in association with Robert W Burchell, Ph.D., as updated annually and in accordance with the indexing methodology specified in the current and adopted road impact fee study. (Ord No. 01-13, ~ 1. Ord. No 02-66, ~ 1; Ord. No. 2006-19, ~ 2; Ord. No. 2007-29, ~ 2; Ord. No. 07- 57.83) Sec. 74-303. Same--Water impact fee and/or sewer impact fee. (a) Short name. This section may be known as "Special Requirements for Water Impact Fee and/or Sewer Impact Fee." (b) Purpose The purpose of this section is to tailor the general common requirements of this chapter to the specific requirements of water and sewer impact fees. In addition, the board finds that the Florida Legislature has adopted growth management legislation which requires local governments to plan for and provide for capital infrastructure facilities such as water and sewer systems. The board has alternative, cumulative and supplemental authority to plan for and provide water and sewer systems under the laws of the State of Florida, including, but not limited to F,S. ch. 125, pI. II of chapter 153, chapter 164, and chapter 380; chapters 78-489 and hilI': Iihrary:i.l1lunicode.com/defaultlDocYiew/ I 0578/1/129/132 1117/2009 .\1Z i It Lilli. SPECIAL REQUIREMENTS FOR SPECIFIC TYPES OF IMPACT FEES Page 5 of 16 Agenda item No. 10A February 24.2009 Page 418 of 462 88-499, Laws of Florida, and Article 8 of the Constitution of the State of Florida. Collier County Land Development Regulations and Policies require persons to install, use, operate or employ Interim water and/or sewer treatment facilities when such persons choose to develop lands in advance of the expansion of the regional sewer system within the district. Collier County Land Development Regulations and Policies require that owners of land connected to interim sewer facilities disconnect from such facilities and connect to the regional water and/or sewer system whenever the regional sewer system becomes available within the district. The board specifically finds that future growth within the non-excluded areas (as described in section 74- 303( c)) should contribute its fair share to the cost of improvements and additions to the water and sewer facilities that are required to accommodate the use of such facilities within the non- excluded areas. Ie) Limitation on app/icabiiity. Notwithstanding the general applicability provisions set forth in this chapter, water and sewer impact fees shall be limited as follows: (1) Shall not apply within the geographic areas expressly excluded by this chapter from the imposition of water and sewer impact fees: For purposes of the water and/or sewer service, development shall include only development on lands within the county water- sewer district, exclusive of lands encompassed by the geographic areas described hereunder. Lands within the county generally excluded from the generally applicable definition of "development" as it relates to the water and/or sewer service include (the exclusions set forth below are not all-inclusive); lands lying within the excluded areas which are either required to connect or request connection to the regional water system, or which otherwise create a growth necessitated demand upon the regional water system shall be subject to the imposition of impact fees in accordance with this chapter in the same manner as if said lands were not within an excluded geographic area: a. Those areas lying within the boundaries of the former Marco Water and Sewer District. Exclusion of the Marco Water and Sewer District recognizes that this area is not presently planned to be served by treatment capabilities of the regional water and/or regional sewer systems. b. Those areas lying within the boundaries of the Goodland Water District. Exclusion of the Goodland Water District recognizes that this area is not presently planned to be served by the treatment capabilities of the regional water and/or regional sewer systems. c. The following exclusion of the geographic areas in Golden Gate Estates recognize that the nature of the previous development, the platting of these areas primarily into large residential tracts and the present zoning and constraints of the comprehensive plan have severely limited the density and use of these areas in such a manner as to make it economically impractical to serve most of these areas in the foreseeable future via the regional water and/or regional sewer systems or any other centralized water and/or sewer utility. 1. Golden Gate Estates, Unit No.1, Plat Book 4, Page 73, Public Records of Collier County, Florida. 2. Golden Gate Estates, Unit No.2, Plat Book 4, Page 75, Public Records of Collier County, Florida. 3. Golden Gates Estates, Unit No.3, Plat Book 4, Page 77, Public Records of Collier County, Florida. 4. Golden Gates Estates, Unit No, 4, Plat Book 4, Page 79, Public Records of Collier County, Florida. 5. Golden Gates Estates, Unit No. 26, Plat Book 7, Page 15, Public Records of Collier County, Florida. hllp II, hrary 5 .ll1unicodc.com/dcfaultlDoc Viewll 0578/1/129/ 132 1/17/2009 ,\R [Ii 1.1111. SPECIAL REQUIREMENTS FOR SPECIFIC TYPES OF IMPACT FEES Page 6 of 16 Agenda Item NO.1 OA February 24, 2009 Page 419 of 462 6. Golden Gates Estates, Unit No. 27, Plat Book 7, Page 17, Public Records of Collier County, Florida. 7. Golden Gates Estates, Unit No. 28, Plat Book 7, Page 19, Public Records of Collier County, Florida 8. Golden Gates Estates, Unit No. 29, Plat Book 7, Page 57, Public Records of Collier County, Florida. 9. Golden Gates Estates, Unit No. 30, Plat Book 7, Page 58, Public Records of Collier County, Florida. This subdivision is now part of Florida Cities Water Company's certificated area. 10. Golden Gates Estates, Unit No. 31, Plat Book 7, Page 59, Public Records of Collier County, Florida. This subdivision is now part of Florida Cities Water Company's certificated area. 11. Golden Gates Estates, Unit No 32, Plat Book 7, Page 21, Public Records of Collier County, Florida. 12. Golden Gates Estates, Unit No. 33, Plat Book 7, Page 60, Public Records of Collier County, Florida. 13. Golden Gates Estates, Unit No. 34, Plat Book 7, Page 23, Public Records of Collier County, Florida. 14. Golden Gates Estates, Unit No. 35, Plat Book 7, Page 85, Public Records of Collier County, Florida. 15. Golden Gates Estates, Unit No. 95, Plat Book 9, Page 45, Public Records of Collier County, Florida. 16, Golden Gates Estates, Unit No. 96, Plat Book 7, Page 94, Public Records of Collier County, Florida 17. Golden Gates Estates, Unit No. 97, Plat Book 7, Page 95, Public Records of Collier County, Florida. d. Those areas lying within the Macro Shores, Unit 1, Sections 26 and 27, Township 52 South, Range 26 East, and recorded in Plat Book 14, Page 34 of the Public Records of Collier County, Florida. Exclusion of the Marco Shores, Unit 1, recognizes that this area is not presently planned to be served by treatment capabilities of the regional water and/or regional sewer systems. e. Ridge Farms Subdivision (not platted) described as follows: Begin at Southeast corner of Section 6, Township 49 South, Range 26 East, Collier County, FlOrida; thence north 88 degrees 50 minutes 15 seconds east along the south line of said Section 6; thence north 0 degrees 13 minutes 20 seconds west along the east line of Section 6 a distance of 3044.40 feet to the east quarter corner; thence continuing north along said line a distance of 42884 feet; thence leaving said east line north 88 degrees 40 minutes 58 seconds west, a distance of 1285.80 feet; thence south 1 degree 10 minutes 35 seconds east, a distance of 523.35 feet; thence south 0 degrees 00 minutes 00 seconds east, a distance of 137.19 feet; thence north 88 degrees 41 minutes 53 seconds west, a distance of 3959.46 feet to the east line of aforesaid Section 6; thence south 0 degrees 00 minutes 00 seconds east along said east line a distance of 3038.77 feet to the point of beginning. Said described tract contains 371.460 acres, more or less. More generally described as those properties adjacent to or abutting Hunters Rcad, Livingston Road, and Daniels Rcad. f Areas North of Radio Road located within Section 31, Township 49 South, IHlp: /1 i hrary :ill1l1nicoue.com/detaultJDoc View/1 0578/1 /129/ 132 1/17/2009 ,\1{ 11< I I III SPI.cIAL REQUIREMENTS FOR SPECIFIC TYPES OF IMPACT FEES Page 7 of 16 Agenda Item No. 10A February 24, 2009 Page 420 of 462 Range 26 East, Collier County, Florida, generally described as those properties adjacent to or abutting San Marco Boulevard, SI. Clair Shores Road, Owen Lane, and Family Circle Lane. g. All of Section 8, Township 50 South, Range 26 East (excluding Falling Waters); Parts of Section 9, Township 50 South, Range 26 East; Parts of Section 16, Township 50 South, Range 26 East; Part of Section 17, Township 50 South, Range 26 East; Part of Section 17, Township 50 South, Range 26 East; and Part of Section 7, Township 50 South, Range 26 East all of Collier County, Florida; more specifically described as those properties adjacent to or abutting Heritage Trail, Unity Way, Cope Lane; Crews Road, County Barn Road, Sheddon Lane, Whittaker Road, Sunset Blvd., Sandy Lane Adkins Avenue, Everett Street, Polly Ave., Wendy Lane, Landsdale Lane and Cynthia Way. h. Those areas lying within the Key Marco Community Development District. Exclusion of the Key Marco Community Development District recognizes that this area is outside the county water-sewer district. i. All those areas lying within the county water and wastewater authority certificated areas of Florida Cities Water Company, and Florida Water Services Corporation (formerly known as Southern States Utilities, Inc.), or their successors or assigns, located within Collier County, Florida. (The only exceptions to this provision to provide service within these certificated areas may exist when the parties enter into a written agreement for water service to be provided by the county.) J. All those areas located within the City of Naples service areas as described in the October. 1977 city/county agreement and amendments thereto, or other geographic areas within the City of Naples that are not served by the county with the respective water and/or waste water service. k Area of CR951 and US41: One mile sections that run west of the Collier County water-sewer district boundary described as follows: All of Section 36, Township 49 South, Range 26 East; All of Sections 1, 11, 14, 23, 26 and 35, Township 50 South, Range 26 East; All of Section 2, Township 51 South, Range 26 East; Parts of Sections 1, 11, and 12, Township 51 South, Range 26 East; Parts of Sections 7, 8, 16, 17, 18, 20, 21,22, and 27, Township 51 South, Range 27 East, all of Collier County, Florida. I Parker Hammock Subdivision (not platted) as described as follows: Located within Section 16, Township 50 South, Range 26 East, Collier County, Florida, generally described as those properties adjacent to or abutting the north side of Rattlesnake Hammock Road, east of Shadow Wood Villas and west of Huntington Woods; shown on property appraiser tax map as Lot 13 through Lot 44. (2) Areas generally excluded from the imposition of only the sewer component of the water and sewer impact fee: The exclusions set forth below are not absolute; lands lying within the excluded areas which are either required to connect or request connection to the regional sewer system, or which otherwise create a growth necessitated demand upon the regional sewer system shall be subject to the imposition of impact fees in accordance with this chapter in the same manner as if said lands were not excluded: a. Those areas lying within the Pine Ridge Subdivision as shown in Plat Book 3, Page 24, Public Records of Collier County, Florida. b, Exclusion of the following areas in Pine Ridge Subdivision, Pine Ridge Extension, and Pine Ridge Second Extension recognizes that the nature of the previous development. the platting of these areas primarily into large residential hup:, 'librarv S .IllUfllcode.com/default/DocViewll 0578/1/129/132 1/] 7/2009 ,\1\ 1Il'I,I Ill. SPLCIAL REQUIREMENTS FOR SPECIFIC TYPES OF IMPACT FEES Page 8 of] 6 Agenda Item No. 10A February 24, 2009 Page 421 of 462 tracts and the present zoning and constraints of the comprehensive plan have severely limited the density and use of these areas in such a way as to make it economically impractical to serve most of these areas in the foreseeable future via the regional water and/or regional sewer systems or any other centralized water or centralized sewer utility. 1. Pine Ridge Extension, Plat Book 3, Page 51, Public Records of Collier County, Florida. 2. Pine Ridge Extension, Plat Book 4, Page 29, Public Records of Collier County, Florida 3. Pine Ridge Second Extension, Plat Book 10, Page 86, Public Records of Collier County, Florida. 4. Pine Ridge Second Extension, Plat Book 12, Page 57-58, Public Records of Collier County, Florida. c Coconut Creek. Unit 1, according to Plat Book 1, Page 108, Public Records of Collier County, Florida; Coconut Creek, Unit 2, Plat Book 3, Page 4, Public Record of Collier County, Florida; Coconut Creek, Unit 3, Plat Book 3, Page 48, Public Records of Collier County, Florida; Westview Plaza, Plat Book 13, Page 50, Public Records of Collier County, Florida; more specifically described as those properties adjacent to or abutting Lorraine Road, Kathy Street, Gail Boulevard, Esther Street, Donna Road, Westview Drive, and on North Road. d Four Seasons, according to Plat Book 10, Page 95, Public Records of Collier County, Florida; and Four Seasons Unit 2, according to Plat Book 12, Page 6, Public Records of Collier County, Florida. e. Quail Woods (previously known as Edgewild), according to Plat Book 13, page 44, Public Records of Collier County, Florida; more specifically described as all single family lots adjacent to or abutting "The Lane." f Tall Pines, according to Plat Book 12, Page 70, Public Record of Collier County, Florida; g. Isle of Capri No.1, according to Plat Book 3, Page 41, Public Records of Collier County, Florida; Isle of Capri No.2, according to Plat Book 3, Page 46, Public Records of Collier County, Florida; Isle of Capri No.3, according to Plat Book 3, Page 66, Public Records of Collier County, Florida; Isle of Capri Business Section, according to Plat Book 3, Page 52, Public Records of Collier County, Florida. (d) Payment. (1) For purposes of the water and sewer impact fees, development shall be subject to the payment of impact fees under this section 74-303, upon the first occurrence of any of the following: a. Subject to subsection 74-201 (d)(4), whenever any building or use which has not previously paid the applicable water and/or sewer impact fees under this chapter, or any predecessor ordinance in function, connects to the regional sewer system and/or the regional water system; b. Any building or use is connected, or interim water and/or sewer systems, is connected either directly or indirectly, to the regional water system and/or regional sewer system; or c Whenever (i) any person applies for a building permit to construct (or place or install) a building or utilize a use or development improvement within the Imp: 'II brary -' .lllunicode.com/dcfaultlDoc Viewll 0578/11129/132 III 7/2009 .\Rlll ,I III ;;('ICIAL REQUIREMENTS FOR SPECIFIC TYPES OF IMPACT FEES Page 9 of 16 Agenda Item No. 10A February 24. 2009 Page 422 of 462 boundaries of the county water-sewer district, even though the subject lands are then receiving (or may in future receive) interim water and/or sewer services from a source other than the county water-sewer district, or (ii) do not then request any such service but are located in a place where it is physically possible to effect a physical interconnection with the respective regional water-sewer district's facilities. This last provision is to preclude the possibility of unauthorized interconnections without first paying to the county all then applicable water and/or sewer impact fees. d. Whenever a person applies for a building permit to alter an existing building, use or applicable improvement then connected to the regional water system and/or regional sewer system, if such alterations increase the demand or the potential demand on the regional water system and/or regional sewer system. (2) Subject to availability of funds, the county may enter into agreements to extend payment (offer installment payments) of water and/or sewer systems impact fees and associated costs over a period not to exceed seven years with owners of then existing buildings, structures or applicable improvements which are mandated to connect to the regional water and/or regional sewer systems. Prior to the county entering into any agreements to extend payments, and from time-to-time thereafter, the board shall identify a specific source of funds to be used relative to providing extended payment and the cost of such funds, including all expenses and costs incidental to obtaining or providing same, including interest at the interest rate that the board or the public utilities administrator will employ in offering extended payment with interest, and a reasonable estimation of the administrative costs of expenses associated with administering the extended payment alternative to the respective land(s). a. The county shall only enter into agreements to extend installment payment of the water and/or sewer systems impact fees and associated costs with owners of then existing buildings, structures or applicable improvements, mandated to connect to the regional water and/or regional sewer systems. b. The amount of payment, including any title verification expenses and a reasonable estimation of the cost and expense associated with providing an extended payment alternative, shall be paid in equal monthly payments with an annual interest rate as determined by the state comptroller's office. State document stamp and recording fees will be upfront costs borne by the owner and shall be paid in full at the time the extended payment agreement is executed The interest rate charged shall be representative of the county's cost of funds, including all expenses or costs incidental to obtaining or providing same, if any, The interest charged should be adjusted during January of any calendar year in accordance with the then applicable ordinance (currently Ordinance No. 96-17 and No, 96-18) and shall be based on the county's cost of funds for the immediately preceding fiscal year. Failure to make such an adjustment in any given January shall not preclude retroactive adjustments of such interest rates. c. With the exception of the approval and execution of agreements, or an aggregation of related agreements, with a face amount in excess of $6,000.00, the board hereby delegates to the public utilities administrator the power and authority to enter into, modify, and release such extended payment agreements in conformance with the provisions of this chapter. The standard form agreement, and any other associated documentation, shall be in a form approved by the board and acceptable to the county attorney. No such standard form agreement shall be modified unless, in the opinion of the county attorney, there then exists a compelling reason to do so. Each such agreement shall be recorded in the official records upon approval of the publiC utilities administrator, d, For an agreement, or an aggregation of related agreements, to extend hur: ,Ilhrar") .11lLll1lcode,com/detault/Doc View/1 0578/1/129/132 1117/2009 ,WI J('U III. Sl'll'IAL REQUIREMENTS FOR SPECIFIC TYPES OF IMPACT FE... Page 10 of] 6 Agenda Item NO.1 OA February 24. 2009 . '. Page 423 of 462 payment of Impact fees and associated costs with a face amount in excess of $6,000.00, the county shall require the procedure and documentation for extending payments to substantially and reasonably conform to generally accepted and reasonably applicable commercial lending practices, including but not limited to the requirement for acceptable personal guarantees from one or all of the owners (or individuals owning a beneficial interest therein. At its sole option the county may contract with outside counselor a servicing agent to prepare such documentation and to advise the county relative to conformance with generally accepted commercial lending practices and the costs of same shall be borne by the owner e. Upon satisfactory payment of all principal, interest, and associated costs under an extended payment agreement, the county shall execute a satisfaction of lien and record same in the official records of the county. A copy of the recorded satisfaction of lien will be mailed (to the mailing address provided to the county by the other contracting party) by regular U.S. mail to the record owner within 60 days from receipt of full payment. f In recognition that the payment of the water and/or sewer systems impact fees for then existing mobile home park or rental housing will generally, in some manner, be passed through to the occupants by an owner, and in recognition that if such pro-rata impact fee pass-through IS collected as one single payment by the owner, that such a pass-through may cause financial hardship on these occupants, the board, in its sole discretion, may require the owner to covenant and agree, for the benefit of all affected persons, to pass through entirely and on the same terms all the benefits of any extended payment of the impact fees to the affected persons. J g. Water and wastewater (sewer) impact fees for individually metered water and/or sewer service to residential use of less than 5,000 square feet living space and which will have less than five toilets shall have an ERC value of one. ;' master metered service to residential use of less than 5,000 square feet living / space and having less than five toilets shall be determined by the specific impact fee value assigned by Appendix A, Schedule Two, Individually metered service and master metered service to non-residential uses, or to residential use having living area of 5,000 square feet or more, or service to residential use having less square footage but having five or more toilets, shall be determined by the ERC value that results from projected average daily flows. Projected average daily fiows for residential use of 5,000 square feet living area or more, or to have more than four tOilets, shall be determined by applYing applicable provisions in the then current edition of the Florida Plumbing Code. Projected average daily fiows for non-residential uses shall be determined by calculating the applicable provisions in the then current edition of the Florida Plumbing Code compared with the / applicable provisions in the then current editions of the Florida Administrative I J Code. The correct average daily fiows for non-residential uses shall be the (greater of the Florida Plumbing Code calculation or the Florida Administrative Code calculation The Public Utilities Administrator or authorized designees shall \ have final approval authority with regard to these impact fee calculations. (e) Os..~ offunds. See section 74-203. (f) Impact fee rates. The water and sewer impact fee rate schedule incorporated in schedule 2 is hereby adopted and the water and sewer impact fees established in the water and sewer Impact fee rate schedule are hereby imposed on all development as required in this chapter at a rate established under the applicable impact fee land use categories. Ig) Annual mid-cycle water and sewer impact fee rate indexing. Beginning January 1, 2005, the county shall commence a three-year water and sewer (wastewater) impact fee update cycle I .' ! ( "- ) , ! hllp Ilihrarv:ill1l1nicodc.com/dcfalllt/DocYiewll 057811/129i] 32 1/17/2009 Agenda Item No. 10A February 24, 2009 Page 424 of 462 EXHIBIT "D" . Ji III,~ (11)(1' II Agenda Item No. 10A February 24, 2009 Page 425 of 462 bhlblt "Co, ... Tamlaml Square of Naples, LLG Period Water Usage (in the thousands) 12/01108 11101/08 10/01/08 09101/08 08/01/08 07/01/08 07/01/08 05/01/08 04/01/08 03/01/08 02/01/08 01/01/08 12/01/07 11101107 10/01/07 09/01/07 08/01/07 07101/07 07/01/07 05/01/07 04/01/07 03/01107 Monthly Average (All) Average ERGs (All) Last 4 Month Average F our Month Average ERGs 488 140 160 515 549 541 674 601 560 382 413 781 374 223 244 239 292 385 312 423 420 549 421 1 401 325.75 31,0 'l'.t<~J.,:-;;. 5Q OF NAPLES LLC (1' I t3si Ma:1agment Inc ", ::J ;' ',union:,,:, Trl N 'if ,.eF FL 34103-4439 -, Vi7A"'~ ',~,', '::'''",- l.~ W;'I'" ILl,';':"" ,. 'l. \ II D' . . - Agenda Item No. 10A February 24, 2009 Page 426 of 462 12/09/08 04046017600 CO 14700 TAMIAMI TR N-PHA 7.:(.;) :)/811 311 10/30/0E 10/30/08 5717 13487 12/03/08 12/03/08 5882 13610 165 323 WA WS SM IP PE BL 2,351.53 294.98 2,064.30 36.00 74.12 1,482.36 . 1,,'; ~ :J ~) .; ,: .'''IM)) PHASE II WATER RESTRICTIONS ARE IN EFFECT! ,':co 0,11 may include a 15% Surcharge depending on total usage. l>~l::"':) ':_~!? water conservation daily to protect Florida I s water resources. F:::: :.r;t.:' VIsit www.colliergov.net. Utility Billing\Customer Service. /",'Y',r.; Ii,'".: G:\:" iii;COM-ES OEUNQUErH1F lHE TOTAL AMOUNT OUE IS NOT PAID BY 12/24/0B i;~iq'i "-{ :";'IAHGb';:' .11':-.1' , TOT""_ CUST()MEn SUl'NJ 6,303.29 ,!;, r;;E'''!~r. ':HI ,iE'j,IN'.",,!.T r,,H( SEE BACK OF BiLl. fOR ADDITIONAL mLL IN-FORMA TIQN ~ ,r:, [""" 14700 TAMIAMI TR N-PHASE 2 OAll ! TOTAt QUi 04046017600 12/09/08 12/24/06 6,303,29 1/,\.<. . ',Y-:". FCj;r: ':'J.J.;1A1vl:' SQ OF NAPLES LLC (' 'C' Cr ~ tas i Managrne:nt Inc Illmlml~ljlllll~ ';!:'f~,:~Uj' UN; L:: t~ ::. C; 8 ,; :'~:"::~^:"n.- :'i"~' :'arniami Trl N N~lp~es FL 34103-4439 ;:',(' n~ ihG ~;rji>'l; 000000404601760000630329 >! LL..l :~-!.~',,":j~' Agenda Item No. 10A Februa'y2,'1;,2,O.og Page1W12V'b~2 "Al>1IAMI SQ OF NAPLES LLC '~:'o C::ifasi Managment rnc ~;te 208 .;l"75 Tarniami Trl N' Naples n 34103 -4439 Il/70t "ifi; N'i')J_~;:;- .' ;,:~ 04046017600 CO ,"!,..'- 14700 TAMIAMcr TR N-PHA :14.;3635 : 10 3709C '~'--'''''''''i'-'--=''' ''''TAIlml'~6~-- ~\",--, .. ., :Ji"""'","".,...:.oi,;;"~,....~_~i:i;i~~ ::;i,"':'"ii{.1j'H~1,;,;:.Iil~~~';,) CO".. "r GAL;, ;~FAtllN;" DATE: READlNG ' CQN5iJMPTl,:'N ",--'.'j' 5/8" 10/03/08 5599 . 10/30/08- 5717 118 3" 10/03/08 13465 10/30/08 13487 22 WA WS SM XP BL ]",IO'.IN~ 5 90.17 30.78 825,42 36.00 O.OlCR SF'WMD PHASE II WATER RESTRICTIONS ARE IN EFFECT! This bill may include a 15% Surcharge depending on total usage. Practice water conservation daily to protect Florida1s water resources. Fer info visit www.colliergov.net. Utility Billing\CUstomer Service. 'I'}'j " HI:i Bil.L BIoCOMES DELINQUENT IF THE TOT AL AMOUNT DUE IS NOT PAID BY 11/27/08 : Ii:; l)l,~E :;;i-1AL BE' ::"Ub,Jt,'.:: .C) ,TW\l )'v CHARGES Af'l.D ,-A'hVRf TO PAV BY THIS DATE 1;1.50 SHAlt ,-, "~,,;u:OH;;:;F_~~,AT~R.';ER1ICL lIN[; AUTO\,V,TlC LIENS WIHOUr FiJP1'"HER NOTIC~ If YOU DlSPUTE nuS ;f;ft:\:7~Ti';'T[ ~'Ij .t.~jY w;..:'Y --:,:~)U P.1~i:~ r l;;>Nl At; 1 IHE'. COLU!:R (;()i.)N'r y u::Ur~ 3n.CU"'G M4U (-,USTOMER SfH'.'ICE- ':N..~' O'jg!NCS~, QOV<1S;- ,~'j Il.."~ :'.10.' P M Me) I1f~ORS THE' :JU;NouFNT nArE WAHHING ~, " SEE BACK OF BILL FOR ADDITIONAL BILL INFORMATION J_' ')[1 A".:.< '~::!':':' ,. '~~ .. .",J r'h t'/'>..t:.l.t '1,:._' 14700STiM~fTR N-PHASE 2 . C'UN 'Y UTiLiTiE') flU '!\': '))Q~, 252-232C: 04046017600 t),ll-Tto {~ILll:,r. 11/12/08: ;:"'l~'::'\',';,n '"ii!,~8;","" TAMIAMI SQ OF NAPLES LLC clO Crifasi Managment Inc Ste 208 2375 Tamiami Trl N Naples FL 34103-4439 IttlltllllW MAIL THE: lOWER PORTJON W\iH Y"::'UR PAYMENT IN U.S. FUNDS TO COLUEH COUNTY ;,,;!iL,IT1E:S SnUNG p,O, BOX 74D74.H C;,NGINr~ATj_ CJ~! "~5r'~-,;)-'.HJ OOOOOO~O~b01?b000014a23b .,~....~t--..I!'J(. ""./;:, "'. Agenda Item NO.1 OA February 24. 2009 Page 428 of 462 ,c- I,;]\;:>L=::"; ':",1..-' "!'tit 10/C8/08 :'1_1r.i.1gmen~ 1".-. '-",,'.(j',,';Tr..;'.'_r." It) t5 f?~(: ,t'....;;'., ;"!'. 04046017600 CO !:"'l 'N :<1lC3-,gj:; 14700 TAMIAMI TR N :L [11 :1:1:tll{.1IF~;' ;~, iil;l ,H_J[~r. DATE ~ READING L1:1::f.:~:!:~11l:1 '~I:l:I:I:::r.~.!!:[t ~ I >:lEADING : CCNS'JMP1DN CODE AMOU'I' DATE '10/03/08 10/03/08 09;05 06 09/05 foe 5599 13465 S471 13.1J j 128 32 WA WS SM IP FE BL 635.72 39.60 866.36 36.00 243.62 5,134.83 !i'~.. ~ lS , . cci ~' , '.'28) '-'--4{"'S '-. ~c~;; lr WATER RESTRICTIONS ~~E IN EFFECT! c' 1_ .:'Iay include a 15\ Surcharge depending on total usage. :~c wa:er conserva~ion daily to protect Florida's wacer resources. '::'Sl.t W'WW.colliergov.net. Utility Billing\CUstomer service. .:;..~ -'0\'-;' TrioS iJ,L~ 8ECOMES DELINQUENT IF THE TOTAL AMOUNT DUE IS NOT PAID BY 10/23/08 -...-- 6,956.13 'I';"; ~!Arf ~,"'A,.i BF "UB.I~r:f ro PfNo\l tv CI-1ARGFS AND f-t.;U;~f: 10 PAi BY THIS DArE AI.SO SHALL I c.WT(:H' OF WATER c;f'~ICt' MID -"vrOMATI': uENS WITI--l0-UT FURTHE'~ NOTiCE IF "ou DISf"U1E THIS . ,,0,. ':-I.:RA1E IN lI,NY '-filA-V 'fOL' MLrc-;' CGNT"cr lHiC COLLIER COl'tlTV UTlLlf'" BrLLiNG AND cuS-rOMEA SEAYICF. \ ," :,114!'5<;; ..;()I.JA~. ,:')0:, r. f,l . ,,, PM M F, rrEt0RE THE LlEI iNUUFIiT ()f\Tf '- SEE BACK OF BILL FOR ADDITIONAL BilL INFORMATION ',c, P..YABLE fO I)', IV UTILITIES BilLING .: jI!) 252-2380 ~ q'R'.,JIC( AODRESS 14700 TAMIAMI TR N DA 'E .'L" D ~1!1~.."r" 10/08/08 10 23 081._ _6'.:.S.~:.:_3 lJETAC'"< H[R[ <> " ACCOUNT Nl'MBE R 04046017600 r ' _. ,)r NAPLES LLC :~":JS~ v'anagment Ir.c illllllll~ g 11IIII1 W,AIL THE LOWER PORTION "'11TH YOUR PAYMENT IN U,S, FUNDS TO .i. i ,1(-:-._ Trl N :<-110)-4439 COLLIER COUNTY UTILITIES BILLING P.O. BOX 740748 CINCINNATI. OH 452/"4.0,46 000000404601760000695613 -,"- ..,"'- ~ Agenda Item No. 10A February 24,2009 Page 429 of 462 [,,.. r~ :;;;, . . ~- ~';A:?LES LLC ;; t'~0.:lagmen'.:. Inc: 9/c?ai 09/10/08 ::'/' :i.,_iU~';" t.LMi'l~_;;; ~ a,;:. j "'1'1~; 04046017600 co .,,,~ . '-": 3':1,J3 -.:; -i 39 ~:: r.I '.';r.:..: r.f;::'1{ ~ . 14700 TAMIAMI TR N j:~;;,"~i:~:';~::2rl~iLill!~~(~- ,'.\:! f'i[AV:N'; ~ ~. : ,;" 05/05/08 08/05/08 5247 13142 :.i:I:h"1;1,'III,'I~t=l;I.l;f"~:I,[, T------ i DATE T P;EIIOINCi : C(\l>(SUI,l"TlC~ : conI" ' 09)05/68--'- --5471 224 09/05/08 13433 291 WA WS SM IP PE BL A'H,',r,' ""t" ";' .2f44S,97 304 . 92 2,085.58 36.00 262.36 5,499,47 /'F0, ,/;;,? 1> 1!12":~'; ~ fh';- '! /. 'i(J08 )j . '--/.0~ ') ~~- (.1 L:J './.;1 I ,-<,/ ~ r- ~?j .if',;ND PfiA3E (1 ',;ATER RESTRICTIONS ARE IN EFFECT! ._~:s 0:11 may include a 15\ Surcharge depending on total usage. _ ~~d:tlCe wacer conservation daily to protect Florida's water resources. ~ '0: ::1b '::,It www.colliergov.net. Utility Billing\customer Service. 'If. S; /3Lf Wt..FtI~IN~i Ii:,) Gll ~ on ::Jr,llES DELINQUENT IF THE TOTAL AMOUNT DUE IS NOT PAID BY' 09/25/08 ~ ',"J' '" .<. IJ~l'-' ~f'''J, ( '."r-:j AND ~AllUJ.lE ~O pAY By TM,S C,l,~r.: ,l"L:'O SHA~L _ _~f'-, ~~~'iJ.._:";'!..'!..::' _,_I'NS WlH,OtJT FUA1HFR NOTIC'" 'I' You ["SI'V"!: THIS 34.30 I . .',,.,', J' 1,1\" ''',.11\'' I ',I (fl COUNT~ UTILITY BilLING ANt '.h~'- ;',\(R ::'ERVICf I , .. I ~ "." "" II~..!!L TH[ (1[uNOIJINT !)Afl- -.-- . ~ ~ ~ SEE BACK OF BILL FOR ADDITIONAL BILL INFORMATION 04046017600 ~ SERVI::;[ ADDRESS 14700 TAMIAMI TR N DATE BlLlEO ~= ....... 09/10/08 L_09/2S/08 ___.~.~~_34, 30 UPACH !-'~RE .. >-4";\&: 1i) " 1 I,) r:I.lnfS BilLiNG ~.' :::/-238D .',::;COi,ltH NLlMBER !'J'~_-:),;~: .:;:: CEo' NAPLES LLC ',l c~:f~s" Managment Inc It: .:. 02 . :\' '::__cf1'~:j. rL~ Trl N 'i;l.t=':'CS F:. 3..103-4439 m1il111H11I MAIL THE LOWER PORTION WITH YD' ;~j PAYMENT IN U.S. FUNDS TO COLLIER COUNTY UTIUTIES Blt,L'tl(, P.O, BOX 740748 CINCINNATI. OH 45274-0748 0000004046D176DOO~063430 Aaenda Item No. 10A - February 24, 2009 Page 430 of 462 EXHIBIT "E" . -/7 i _; I I 'l~ -'O()(i_~ 12 Page ] of 3 Agenda Item No. 10A February 24, 2009 Page 431 of 462 Lewis. Doug From: LewIs, Doug Sent: Wednesday, November 05, 2008243 PM To: 'wides_tom'; DeLonLJlm Cc; belpediojennifer; KlatzkowJeff; MoncivaizGilbert; 'Gerry Hartman' Subject: RE Tamlaml Square Attachments; Documentpdf .hlli. ::"1 ;",.t leu ai' 8-m311 earlier today on thiS. and the clear communication that we have had is that any settlement SI'DUld ado less Clur client's desree to resolve this as qUickly as possible and Without uncertainty (especially in 111 s ;,urrent eCOnOfTliC climate) of further audits or monltonng of the site Private parties need time to plan for e.penses and unanticipated costs are not easily obtainable and recovered. As we discussed, I prefer to be clear OC' Wl1St County staff IS offering before I 90 to the client as I will likely have an uphill battle with Gerry and the el,,,,,; to wo'k to get thiS settled 9iven the below e-mail Jim, you asked me yesterday to get back to staff \i\l!t'l JP:IO:-1S ~c a!low us to proceed without any further audits or mOnitoring of the site In response to this request, I '3r 3 GlUpOSal oy Gil yesterday afternoon. and he did not have any objection to It (he did say that this is Li!TiJerr'y's call 'lowever) My e-mail to you thiS morning contains this proposal. Please carefully look at this and :Pl nl:~ r;~l{)\.V yo,: - thoughts I)r' lIE";]:) be;ow and according to our consultant, all Inflow and infiltration (Ill) is accounted for in the runtimes pr:Vided te the County in our report, When sewer dlscharges out from the pump station it goes Into pr~SsulI?e(: InGt gravity) system and does not have any Inflow and Infiltration. The annual average daily flow for sew", IIClkll1g ,cto account III) for Units 300 and 400 (based on the historical data prOVided to the staff) is 18 EflCs :Jur cilent's proposal of 26,5 ERCs IS for sewer for Units 300 and 400, and it also Includes ERCs for all n(!1 peTl"lea letall space Within Units 300 and 400 ThiS ERC count is supported by historical flows and our ell"r: 5 stucy/methodology To date. Gerry and I have not seen any data provided by County staff to support 32 Ef,C'; f)' Units 300 and 400, The only thln9 I have seen raised by staff on thiS IS the Inflow and rnflltratlon (III) !S~;J::- fCli:;e:J Di Tom's e-mail today and you now have our response above on this. ;)I~ ;~l~' '/.3td :;Ice and given 3 proposed 2 year inonltormg/audlt period, staffs proposal puts the developer In a wurse pCJsltlor tnen he would have been In had the County charged water Impact fees at the time of building perr-Issuance Several years after the fact after tenants (not the developer) have pulled permits, after lender f",ancI"g IS ger'" thls!s not something that I can eaSily take to my client On item c. per Exhibit 3 to the County's A,II'J.:st /~I 200"3 i'?tr.;;, the annual average Uron: August 07 to ,L\'Jgust 08) is 42 +/-ERCs, not 54.9 ERCs. 54.9 E f,C'1 IS based eft a 4 month average, With the last month being August 2008 On what basis are we looking at th".1 morth avelage to calculate ERCs? For purposes of derrvlng the current Impact fee rate of $3.200.28 per 1 sew,'1 1'1,(: per the May 2006 Impact Fee Study, the County looks at AADF, not 4 month averages, and not pc a I'. 0" 1'1C cost Side of the ledger. Impact fees Include the total cost of additional sewer treatment plants and II", <3!j)",;te,j cost of eXisting plants (expressed as a % of the total capacity remaining to serve new development). 011 the plant capacity Side of the ledger. however, the total number of ERCs needed to pay such costs are based or Ap.Df' which Incorporates a peaking factor of 1 3 to adjust down plant capacity. For example, if plant capacity IS 4010:) MGD :111S '5 adjusted down to 30,846 MGD to allow for peakln9. Inflow and Infiltration, etc, If the total lie mbel ,of ERCs needed to pay such wastewater system costs were based on total plan capacity (e.g. 40.100 M'3l:ij "'ore Ef,Cs would be available for issuance. thereby reducing the cost per ERC. However, this creates C,"p<3Clty Issues for the County To aVOid thiS. a peakrng factor of 1 3 IS already bUilt into the cost of the ERe. This h,_s me "ffect of raising the cost per ERC by haVing less ERCs available to pay for the costs of such wastewater systern Our c;IiE'nt's only point here IS that ERCs are based on AADF, not 4 month averages, and not peak. As st.-ell V\"E snouid compare apples to apples Typically, you don't have these historical AADF numbers as impact fe." are paid [nor to bUilding perm I' Issuance, Here. however. the County's own histOrical numbers show an A/IOfe '0' the s,te at 42 ERCs from August 07 to Aug 08, As such, ERCs should not exceed the the AADF DI!1erwl;e our client IS paYing too mucn Please see the attached back-up Information on this, _>c "", '10N dS soon as pOSSible If we are gOing to the Board on this appeal, My preference would be to work I I 71~()()1) \f.:n ;t,:"- ~nc; T cl'ent to get thiS wDrked out as soon as possible Page 2 of3 Agenda Item No. 10A February 24. 2009 Page 432 of 462 Thank you for your continued efforts on this. U ,j: From: wides_tom [mailto:TomWides@colliergov.net) Sent: Wednesday, November OS, 2008 8:39 AM To: lewIs, Doug Cc: belpediojennifer; KlatzkowJeff; Delony-Jim; MoncivaizGilbert Subject: Tamiami Square D{Jug. HJs~d on our previous and most recent discussions, the information received to date from the owners of Tanllami Square. their consultants and you. the County's current position that we feel can be accommodated and eventually incorporated into an agreement is as follows: a) We will agree to forcgo payment of the water and wastewater impact fees for buildings 100 (a minimum of 2.0 ERe's, depending on build out) and 200 (a minimum of 3.5 ERC's, depending on build out) until the request for certificate of occupancy is made by the owners of such buildings. Accordingly, the then current owners will be responsible for payment of the impact fees as a condition of issuance of a certificate ()f occupancy. hi rhe County will accept payment for wastewater impact fees at 32 ERe's; this approximates the actual wastewater flows and allows for any additional flows due to normal and recurring inflow and in!iltration (1111 events experienced in the system (which must be recognized since the level of service is measured at the plant and includes allowances for Ill). The remaining impact fecs due and payable are $~ 1 ,266 (~2.0 ERes. lcss 21.8 ERe's already paid) (see calculations in attachment). Note that these wastewater impact fees only apply to existing tenants of Building 300. Future impact to our water and wastewater systems. by new or existing tenants, will be applied on the future building permits, e, Actual observed and recorded observations of metered water usage at the current customer base cqueue to a 'i-f.'J ERe' calculation However, the calculated value for water was 61.4 ERe's which included all of the buildings. Subtracting thc 5.5 ERe's for buildings 100 and 200, the remaining impact fees <.Iue and payable for water are $89,346 (61.4 ERC's - 5.5 ERe's -I ERC = 54.9 ERC's, less 21.8 LRC'"s already paid) (see calculations in attachment), Note that these wastewater impact fees only apply to existing tenants of Building 300. Future impact to our water and wastewater systems, by new or e,-::,ting tenants. will be applied on the future building permits. <.I) In light of the fact that a significant percentage of building 300 has not been built out, the potential for a<.l<.litional water and wastewater impact fees will be monitored for two years, in line with the existing Alternative Fee agreement. Future assessments of impact fees will be measured based on actual water u"c an<.l the same ratio of wastewater ERC's to water ERe's will be applied as established in this setliL'ment agreement. This method of calculation will eliminate the need for the Developer to furnish wastewater monthly reports and will supply the County with a consistent monitoring process. In no e\ent will the alllount ofERC's as referenced in items band c be reduced. e Ilbe potential installation of a separate irrigation meter will be addressed outside of the agreement. 11/'!200'l Page 3 of3 Agenda Item No. 10A February 24. 2009 Page 433 of 462 Iloug, therd",e. staff is willing to resolve this alternative impact fee issue for a remaining combined water and wastewater impact fee payment of $120,904 (see calculations in attachment). Of course, this is subject to Il"ard of County Commissioners approval. Sl!1Lcrr..:-i;. I ,10111<1, G. \Iv Ides. a, Operations Ilirector (\,llier County Puhlic Utilities I. ,dlall~dh 1< IIdcf Message Security: CheCK Authenticity I 17 '10liC) Agenda Item NO.1 OA February 24, 2009 Page 434 of 462 reponed plant-in-service bslances has been made in order to not double-count plant-in- ,enlce (recognized a retirement of plant associated with the addition oftbe new facilities as iJcntified in the 2005 Master Plan Updste), Since a match of the facility upgrsde to the existing plant-in-service balances ss reported on the District's Fixed Asset Records was not possihle, the adjustment was based on: i) sn average in-service date based on the weighted ill-service date of all functional assets in service as reported on the Fixed Asset Records; and Ii I the estimated replacement cost of the ssset being placed in service as identified in the :'005 Master Plan Update, based on an analysis of historical and projected inflation as mcasured by the Construction Cost Index as measured by En~ineering News-Record, It was cunsiJered that the use of the replacement cost of the assets, which would generally include an upgrade to the facilities and probably result in s higher cost due to such factors as restoration expenses, would be conservative in the evaluation of the capital costs recognized in the detennination of the fee, It was assumed that approximately $16,415,000 of existing \\..lSlewaler and reclaimed water system assets would be retired as a result of the implementation of the County's identified capital improvement program. \ ,) capital facility costs associated with the existing collection facilities - including local lift '-ildliollS. manholes, and on-site collection facilities - have been included in the calculation of the wastewater impact fees since the County generally requires the developer to contribute such facilities, or the County has adopted s separate fee (e.g., wastewater tap-fee) on behalf "I the District to recover such capitsl additions (contributions in aid of construction). All capital improvements to such respective facilities a. recognized in the 2005 Master Plan Lpdatc were also not recognized in the wastewater impact fee analysis. ~ Ihe level of service for a wastewatcr ERC wss assumed to be 250 gallons per day (gpd) ~xpressed on an average daily flow basis. This level of service represents no change from the previous impact fee study, The level of service was predicated on the level of service reyuircments as contained in the County's Growth Management Plan (sanitary sewer sub- dement); information contained in the 2005 Master Plan Update regarding wastewater capacity; fDEP !low standards as reported in FAC Rule 64E-6.008; FPSC capacity relationships for private utilities (FAC Rule 25-30.020); and discussions witb the District. \1.' ~rant funds have been or are expected to be received by the District relative to the funding of the wastewater capital improvement program, and none of the existing \\<.iste\\'atcr treatment and transmission assets were assumed to have been funded from gr:ll1b. fl",cd on discussions with the County and as part of the review of the monthly rates for IV"tewater service (a separate study of the District), it was determined that the lowest I,verall cost to the existing ratepayer (in terms of rates to be chsrged and financial health of the District System) wss to use impact fees first for capital project funding as opposed to the pa) ment of debt service. Because of this benefit and the need to recover the full capital cost assigned to growth, no rate adjustment was reflected in the detennination of the fee. All impact fee funds remain in the system and the long-term financing costs are mitigated by using the fees for capital project financing. Although a new rate payer will potentially pay deht service on expansion-related financing, the overall cost to the ratepayer is less by not applying impact fees to current year debt and the sdditional customers to the system actually ti2nJ 10 maintain or reduce the debt service component built into the rates for service. Thus 18 Table 2 Collier County Water-Sewer District Water and Wastewater Impact Fee Study Oc\'e1opment of Existing Wastewater Treatment Facility (~aDacjtv A \'ailabJe to Serve Customer Growth :JI:: 'J\l EXlsting Plant Capacity of System (MMADF-MGD) (J) r:- A.dju5tmcflt to Reflect Capacity on Annual Average Daily Flow Basis (2) Adjustt:d Treatment Plant Capacity @ A.A.DF -\nnual Average Daily Flow - Existing System (3) R,-'maining Capacity (AADF) at Existing Plant Percent of Total Capacity Remaining Percent of Iota I System Capitalization Recognized Capital Costs of Existing Faciljties Existing Facility Costs (4) \dditional Costs (5) ! I' Less Assumed Retirements (6) Le.~S Grant Funds and Other Contributions (7) rota! Applicable Capital Costs of Existing Facilities blimated Amount Allocable to Future Growth \1{,O = Million (iallons Pel Day \1\1ADF'" Ma>;irnllm M(lm;~ Ave~age 011(1)' F1m.,: \ADF '" Annual Average Daily Flow I ootnotes start on page 33. ') "~ Agenda Item NO.1 OA February 24,2009 Page 435 of 462 Wastewater System 40.100 (9.254j'J 30.846 16.323 14.523 47.08% 47.08% $ 157,420,647 38,212,595 (11,080,708) (1,753,062) $ 182,799,472 $ 86,061,991 Tahl~2 r:lllli~r County Watl'r-Snvl'r Di~'rjcr Water and Wlltcwl!l'r Impact Fee Study Ol'l'e1opmeIlt of Existing Wastewater Trtlltment Fntillty Cftl1acitv AVllilllble tu Serve Cuslom~r Grn'ft'th "',I .....I~' Agenda Item No. 10A February 24.2009, Page 436 of 4621 \m()un;s reOeet permitted MMADf wa~tC:W8ter treatment plant capactty offacllilies as represented in the Z005 Wastewater System Master Plan t 'ptl~tc rievclorc:J by Greeley & lfansen, the District's Consulting Engineers. The permitted CIIpacities oflhe individual region.!ll facilities an: 24.1 MMADF-MGll (North County WlIter Rcclllmlltion Facility) amJ 16.0 MMADF-MGD (So..th County Water Rec.]amation Fac.ility) \\'ith JeSpCello the elCistil1!,,1 wastewall:f facilities. the plant capacity is expressed 011 a lTIall;.UIlUm monlhavc:ragc: daily flow basis as referenced in the 2(0) Wastewater SYRlem Muter PIIl1l Update. To be consistent with Ihe level ofscrvic.e requirements for the \YIl5lcwll.ler system, lhc: plant capRcltv was adjusted to reflect an annual average daily flow basts. \ SUllIll1l1r)' vflhe len liste! year a~lual wasleWlilter llows 15 summarized helow As can he seen based on the actual reponed flow data, the eapacity adjustment faetor averaged J ,27 Annual Averas:eDaily FI(1w(MGD) MaximumMOIlth A V1::rage Daily Flow (MGD) Fisen! Year 1996 FiSCllI Year 1997 f'i=l Year 1998 Fisca! Year 1m Fi~l:al Year 200IJ Fisc.al Year 2001 hscal Year 2001 )-isCilI Year 2001 ['isCIlI Year20CH risesl Year200'i Ten- Year Maximum Ten-Yl-:ar Avcra8c 8.744 10,065 9.962 10.499 12,)62 15.100 15.528 15,500 15921 16.323 I'~ctor Used in 2006 Wastewater Masler Plan Updnte II ;hould be nnted that the :)istriet's Comprehensive Plell assumes that the treatment fill:II'lies are 011 an i1nrlUll[ llveraBedail'l ~1, ".v ~\aSIS I'ur Lleterminiltiorl of capacity needs to service the County population 11,,1 MM~D.MGD Capacity I !.JOPcaking FllelOr"" JO.R4~ AAOO-MGnCapacity 4{l,IOO Less 30846 -9.254 r,~ tkch the highest repurt~d annu~l average daily flow experienced by the District's WQstewater treatment facilitie3 for the ten 1"'1;<11 )'l'al p",riml cmJed 2005 liS ,hUWlL bdow Ma"itQulIl Period Reported AADF (+) Wastewater 16,323 (')Ref<..noe..m"doIOFoOI~o'e2f",.pphC8bl"Jlrtnu.r._ed.ilyn.......dote \ j ''.I'',''~i~l~ dcri~l:d from Appt;ndix A, reflect only Wlt5tcW3teT treatment and effluenl dlSposallllld &:;sociated reclaimed '1'.; III) 1:11"I.~ ncc{)ulllec! for WIthin the 'W1I~tCWII'Cf ~ylltem opcnltion~, shown liS follows' \\ D.~t<!,,\;.lter Trcotmcnt Costs Ill"l<<uI'l:LI ~"i(;ility Costs Tllwl Amounl(.) $137,4]2,664 20,007,983 $157,420,647 ',Ikrlved fmlll Appendtx 1..1. Linc2l\7'J JJ Pe.akinaFacwr ]].450 12494 14.180 15.944 15.800 ]6.600 20,160 17.279 18,899 J9J06 1.31 1.24 142 1.52 1.28 1.10 lJO 1,11 1.19 J.IR 1.52 127 1.30 1_'.'.[,')'(' Tahlc2 Culli!:!" (.;lJlllTty Watn-Sewcr District WlIltrllmi WUIfi"IlICrlnlpllct FeeStu1Jy fh\lclopmtnt or Eli..tinc Wute'Wlltcr l"rtlllment Facility CAllariI)' AYAllablc fa SCn'c CUslomer Growth m"'''115 ,hov.n derived fmm Table 6; reile.:!: i) upgnu..i~~ lIm.llli.ldllJOIlS 10 ell;istmg phml which wouli.l bl; allocable in part to >'r,11:11\ ~mwlh, and ii) facility additions which are allocable 10 both e)(i~ting Ilni.l new users oflhe WA!tewater,y,tcm JI'~lvt'U from "Existing" column in Table 6 - See Lme 136 of Table 6 Ir'IV~j trum 'Estimated Original Cost" column in'fllble t'>. See Line 136 QiTnble 6. \r:lOunls ~hown derived from Line 2881 of Appcmhx R ($26,305 + $1 ,726.757 ~ $1.753,062) 34 Agenda Item No. 10A February 24, 2009 Page 437 of 462 Table/l: C~lIIcr Cnunty W;lter-$c",cr fHslritt Water ~nd Wuh':".al~r Iml'llU .'ee Sludy Jlev~l"lIm~ntofWlIstewaterS\'Sl..rn I~ 1'lIe ho r)~s~riplll)ll 'ol~1 blimatcd Cost of Existmg Wastewater TreatlllenflDispo!lllIFlICdihcs' CO~I ufExistmg Facilities (1) AdditmflllJ r:ous Cllpitlllized to PllInt in SN\'ice (2) Les~AnliciplltcuH.clirt:mcJ\ls(3) l.es~UralltFunds"ndOtherColltrib\LtIQns[4) Sublotal Wastewater Treatmentll)i~p"~1I1 Facilltics {, Exisllng Nomll1al Plant CapacIty (Mm)) (M~^l)F) (5) -; existing NomInal Plant Capacity (MGD) (AADF) (5) (6) f\ F.RCFacl0r. (;1-'0(7) 9 Eslimllled ERes to be Served by bj~hllg Facihues to Percp.nl Remailling Capacity of Existing Facilities j 1 AllO\:lllion urExislm!: rllcililies to Il\crtlllenusI Grow1h 12 Rate per ERC As'iOc:inted with cxislinc F/lCililies lo1ll1 Estimaled Cost of Additional Wastewater Treatl"1tntIDisposatFaeihties' , 1 Cn~t of Addiliunal Wastewa.ttf TfeatmentlDispo~t Facilities (8) 14 Cnpl!lltized Interest Durin!: CQns\fuctlon of Alklitiollllt FaCilities I 'j l'ol~i Cost or Additional Wastewater Treatmtl'lVDlsposal Fac\1ilies 16 New Plant Captlcity (MGD) (MMADF) (9) 17 New ~Iant Cal'licity (MOD) (AADF) (6) 18 Estimaled ERCs to ~ Served by Addilional facilities if) Rale per ERC Associated wijh Additinnal Fa~lhl":S 20 !{alc f'''' ERe Allocable 10 Wa~teWl.llef TrellDnentlUisp<.lsal Facilities (10) Prlm~lyTlansU\issIO:1System. 21 bi5tlngFllcili\ies(II}(12) ,,, Add,t,emal Co>!:s Capitalized to Plant in Service (I l) 2\ Ncwl:aci1ily Cosls(14) 24 Capitali~..ed llllerest Dun..~ ConstructIOn of Addition",l Facilities 2~ Les~ AftllCIDatcd Rel1rements( ]5) 2~ Less Heceipt ofGrnntFunOsl.IndOtherConuibutiuns(16) 27 Total PrtmnryTIIlllsml5siun t'acility Costs 1R r~limllled Plant Capacity (MGD) (AM)F) (17) Ten,"' F.,rTr>c "nn ~~\ W J:-.,tllllnted r-YCs ,erved hr Transml~Slon r:,,~iljtles ; j blatt reor r~r{(: OrPnmlll')' lrJnsmi~siun r:~(~iJlllt> 1.2 fOlal ('omhined Rate ner ERe Refort' Rnte ^~Jmlmp.nl 33 Rllumkll Ralc fler ERe q (O~l C'crGa1!on M(;I! 'M,lIwnrr;ltot,.r'IIJ.y M...MOr . M.~,m"", MOl'll. Average O.dy Fl".. AA\lF. A.,,~.I A.e,"uo 1)",ly rluw H<C' r.,,~,y&j'"L k."ClO~li.1 CooneOl,'," Gl'l)vci.llon<Pv,D.y fO(lIIl"lc.\sl11rlollPa[:e7S 74 Ameun! , 157,420,647 3&,212,595 (11,080,70&) (1753,062) 1&2,799.472 40,100 30,846 2.50 123,385 47.08% , !l6,O6],99] , 1,48154 , 2B2,000,727 2B2,OOO,727 18.500 14.230 56,920 , 4,95433 3,20Ll2B , 32,423,291 ro,469.632 25,491)73 (5.334.203) (5,858.663) 57,lYl,431 45,071 ~r" 180,308 317,\9 I 1 ~ 17 47 I 3,515.00 , 14060 Agenda Item NO.1 OA February 24, 2009 Page 438 of 462 I I l I TableS Collier Count)' W~ler.~wer Oistrirl Waler and WUlew,ltCr Impacl Fee Study I)eve]fmment of Wutcwuer S\.~ttm ImDRcr Fee J'I.'i."'1"" '\ '11,111 delll'ed from Appcndi;o; B; reflecls estimated wlIslcwlIt\:r treatment and effluent dispo5l1 nsels cllrrenlly in service, .!1<lW' ",r"llo.....s. V/astewater Trcatment Costs R~l:lnimed Facility Costs Tolill Amnunt(-) SI}7,412,664 20,007,983 $157,420,647 (0) nerived trom Appendix B, line 2879 \1T1.HlIlb .~llIlWn derived !rom Table 6; refl~t: i) upgrades and additions to exi:;tiJlg plant which would be allocable in part 10 'v~lell1 grt'lwth; and i'l fllcility additions which are allocable to both existing and new users of the wast, ::>er,v~d lrom "!:xlsling" column in Table 6 - See Line 136 of Table 6. ^:!1olJnl derll'~tl from Table 6 and reflects estimated treatment and lram;mission fi;o;ed asset ~tiremenl! due to impclsiticm 0' Ihl' capitallmprovcmcnt pllln oftne District Derived from 'Eslim~ted Ol"igilllll Co~t" column in Table 6 ~ See Line 11(j"ITnnlc6 , 1: <\~'1-'IHlt> Sh,'wn derived from Ltn~ 2881 of" Appendix H ($26,305" $1,726,757 '" $1,753,062) "e", '''111 ',h"WIl derived from ;'nblc 2 And includes thc following focilities' ',,';'", "lInt}' Wlltcr Reclamation Fllcilll)' '. "1'1" "I'"ry Wat~r Rceblllation FRcility Capacity. MGD MMADF AADF 24.]00 18.538 16.000 ]2.30B i (Jill! }1~1l1 C:lflaciry 40.100 30.846 III~ ,1"'1<1<1.1 Jver~ge dally !low lor existiu8 capocil)' was calculated assllmmg a maximum monthly average dllily flow to ,111"1';11 a\'~'ilgc daily flow factor (pl:llking factor) of 1.30 MGD in aceordllllee WIth capacity planning assumptions in Ie :UL'5 Wa,lcwaler MaSler I'lan Update. See Tab]e 2 and corresponding footnotes, 11,; ,'VCi 01 ,,,rvicc factor for ~lll ERe n:f1cc~s capacity requirements eXprc~scd on an average dllily waslewlller flow '''''',.1111' faClOr was b~sed on the caplleity plluming assumptions l.:unlainc:o in Ihe DislTi!;t'~ Comprehensive Plan. 2005 W~~l~....alt-r ~v!ftsler ['Ian Update and other sources available to I'RMG. ),r",illlflll1 "F"r~nsioll'I'(lIl)mn 111 Tllblc 6- Sce l,inc llhoflablctl " "'''..11 I>a,d "11 dl"c;"~'<;Lon!> with tbe Di~tricr and refl~ct~d in the 2005 Wastewo.rer Master PllIJIlJpdale, which ,11,.,\,".lhefj-,llowingplllntllddilions/cxpnllSions '~Th l <'lulIy W~Ter ReclRmatl0f'l Facility I-':xJl3n~ion -..j,'t!leLlsT ('nllnry WutCf Rl:dalOLlliun J'at.;diry CunMrul.:(iun ~;,mh~ast COllnty Waler Reclamation Facility EXj)llllsion '.-",ht'<I.\ll ,)lH\!)! Wlltr;:[ Rr;:clarnlllion F~lilrty r:ol)slrudillll Co.;>ocity MMADF - MGD 6.500 4.000 4000 4.000 Period 2006.2010 201] - 2015 201l,20l5 2011.2015 I ulal Plant Capllcity - MMADF BaSIS 18.500 75 Agenda Item No. 10A February 24, 2009 Page 439 of 462 Table II Collier CUlln!)' Wlter-S~wcr District Wllter ~nd W1UlrwlItcr Impllrl Fcc Study Drvelol:lmelt orWutrwlter Svstem Iml:lut Fee fQ.'2IiWtCt (10 I l>cnved as follows~ Cu~t of i:xisling Wastcw&lerTrealment Facilities Pere.:nt of r:xisling WaslewaterTrelltment Facilities Availahle to Ser'Yc New Growth AdJUSlCd Cost of Existing WastcwlllerTreatmenl fadlities Cost of Additional Wastewater Tn::lltment Facilities lotal Costs S 182,799,472 47,011% $86,O6l,991 282,000, n7 $)611,052,719 l::stimllted ERes to Be Served My Existing Wastewater Treatment Facilities Percenl (If Existins Wastewaler Treatment I-'Bcilitiet Anilable to Serve New Growth Adjus1ed ERes to Be Served By Ex.islina Wastewater Treatment Facilities Estimated ERes 10 Be Served By Additional Wl5tewaterTreatment Facilities I'otal ERes 123,)85 47.08% 58,089 56,920 115,009 Hate Per I:HC Associate<! With Wastewater Treltment Facilities 53,200.28 (1 I Amount does not include IlIe estimated cost of retail on-site capital el(pcnditu~ sucb as manholes, Jocal1ift stations. scrvicl: IlItCn:US, ant.! on-&ite (local) collection utility pllint f.cilities or general planl asse15 (vehicle!!, equipment, ctc.)~ such costs arc: i) generally provided by the dC'Yeloper or owners ofpropcrty which specifically benefit frum such fil.cilities: Of ii) funded by Il sepal1lte I!.nd distiftl:t fee (eg_. wastewaler lap charge). (11 J Amount derived from Line 2879 of AppClldix B; reflect, cosl of wastewater 1rnns.mission aIltI master pumping slation UlllltyplaOlHls.:rvicc. (I J. I lerived frllm 'Exis(in&~ column in Table 6 - See Line 137 of Table 6. 04. UCfi~cd flUlIl"bpwsion" column in Table 6. See Line 137 of Table 6. (15] t>erived from "Eslimllted Originlll Cost" tolumn in Table6 - See Line 131 ofTa.ble 6. (lfll Amounts shown derived fromLioe 2881 of AppcndixB ( t 71 Rct1ects total estimaled plan! capacity {or tile forecast period for the wllter service area hased on capacity planning eSlimates liS cOlltained in the 2005 Was_ewlller System Master Plan Update. Amount calculated as follows: ESl1Jnated service Area Capacity (MMADF - MOD) Assumed MMADF to AADF Faclor Estimated AADF Capacity for Anlllysis Period (MGD) Assumed ERe Factor (gallont per day per ERe) TollIl Eslimllle:d ERCs Available: 10 be Served Amount 58600 l.300 olS.O?? 250 1&0,308 76 Agenda Item No. 10A February 24,2009 Page 440 of 462 Agenda Item No. 10A February 24, 2009 Page 441 of 462 SECOND MEMORANDUM IN SUPPORT OF APPEAL TO THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Tamiami Square of Naples, LLC, a Florida limited liability company PETITIONER, vs. Mr. Jim Mudd, County Manager, Collier County, Florida RESPONDENT. / SECOND MEMORANDUM IN SUPPORT OF APPEAL OF LETTER DATED AUGUST 29,2008 FROM MR. THOMAS G. WIDES, OPERATIONS DIRECTOR, PUBLIC UTILITIES, COLLIER COUNTY WATER-SEWER DISTRICT AND REQUEST FOR ALTERNATIVE IMPACT FEE CALCULATION BASED ON PETITIONERS ALTERNATIVE IMPACT FEE STUDY Petitioner, Tamiami Square of Naples, LLC, a Florida limited liability company, by and through their undersigned counsel, files this Second Memorandum in support of the appeal of the above referenced letter (the "Letter") pursuant to the terms of that certain Agreement Regarding Alterative Impact Fee Calculation dated May 13, 2008 by and between Petitioner and the Collier County Board of County Commissioners acting as the governing body of the Collier County Water-Sewer District (the "Agreement") and states in support thereof as follows: Points in Support of Appeal I. Page I of the Executive Summary prepared by County staff in advance of the February 24, 2009 Board meeting (attached hereto as Exhibit "A") states that "Staff notified Dcveloper~s representative that their submission was deemed "complete". but rejected due to use of a calculation method (e,g. a proposed approach to calculate ERCs) inconsistent with the 579533 \ 111&47.0003 1 Agenda Item No. 10A February 24, 2009 Page 442 of 462 methodology established within the Consolidated Fee Ordinance (Ordinance) and inconsistent with the discussions held in the pre-application meeting with staff." Page 5 of the Letter gave Petitioner three (3) options, Option one -- recognize 64.1 ERCs for both water and sewer per Exhibit I and pay $229,240.50, Option two -- recognize 54.9 ERCs both water and sewer now and agree to a two (2) year monitoring period, Option three - file an appeal to the Board within thirty (30) days of the Letter, 2. Petitioner objects to Staffs rejection of its calculation method after Petitioner has invested significant time and money to prepare its alternative impact fee calculation/report based on the Unit Count Method and after staff has deemed Petitioner's alternative impact fee calculation/report to be "complete". See. pages I and 2 of Petitioner's Appeal. 3. Pursuant to Paragraph 5 of the Agreement, "If the County Manager disagrees with the proposed approach, the County Manager shall identify the problem areas for Developer to incorporate and address in its re-submittal to the County." At no point has Staff given Petitioner the option to re-submit another calculation method, and the Letter rejects the "Meter Equivalency" approach, but does not specifically address the "Unit Count Method," 4. Further, pursuant to Paragraph 5 of the Agreement, "If the County Manger has not approved Developer's proposed approach after one re-submittal, Developer may request a decision from the County Manager whereupon the County Manager shall either approve, approve with conditions, or deny the proposed approach." At no point has Staff given Petitioner the option to re-submit another calculation method. Further, pursuant to Paragraph 6 of the Agreement, the calculation method (e.g. a proposed approach to calculate ERCs) may be based on an independent source. 5. In the months of October and November 2008, Petitioner and Staff explored possible settlement options. However, the parties did not reach an agreement. 57953] \ 111647.0003 2 Agenda Item NO.1 OA February 24, 2009 Page 443 of 462 6. In a November 5, 2008 e-mail to Staff, Petitioner raised significant concerns about how Staff was calculating water and sewer ECRs for Petitioner's project. See, Exhibit "8". To date, Staff has not responded to the questions/concerns raised by Petitioner in this e- mail and subsequent e-mails sent to Staff by Petitioner. 7. On January 8, 2009, Staff notified Petitioner by facsimile ofa January 13, 2009 Board hearing on the Appeal. Petitioner objected to this hearing date on the basis that Staff did not provide adequate notice of the hearing and on the basis that Petitioner would like to settle the matter without going before the Board. 8. After the Board granted a continuance of the January 13, 2009 hearing, Staff agreed to waive the two (2) year monitoring period per Paragraph 14 of the Agreement. Petitioner has been working in good faith with Stafflo resolve this. 9. On January 15, 2009, Staff proposed for the first time a 25/25/50 three (3) year repayment plan. See, Exhibit "c" 10, On January 21,2009, Petitioner proposed reasonable settlement terms that were rejected by Staff on a January 23, 2009 conference call. 11. Staff (without request by Petitioner) sought to continue the January 27, 2009 Board meeting until February 10, 2009. Upon seeing this in the posted Board agenda, Petitioner asked Staff for a February 24, 2009 hearing date in order to allow its consultant Gerry Hartman to attend the hearing, See, Exhibit "D". I 2. Based on the historical flow for wastewater usage contained in the appeal, the AADF for Petitioner's first phase of development is 18 ERCs, not 54,9 ERCs. See, Table I of Petitioner's alternative impact fee calculation proposal. According to Petitioner's consultant Mr, Gerry Hartman, any inflow and infiltration is already accounted for in the runtimes provided to County staff and included in the 18 sewer ERC calculation. Further, when sewer discharges out 579533 \ 1116470003 3 Agenda Item No.1 OA February 24, 2009 Page 444 of 462 from the project pump station it goes into a pressurized (not a gravity) system, and as such, does not create any into inflow and infiltration. To account for the 6 tenant spaces located in Petitioner's second phase of development that have not been built-out or leased to date, Petitioner proposed in its alternative fee calculation 26.5 sewer ERCs for Petitioner's first and second phase of development (which includes credit for additional shopping center retail ECRs based on square footage for these 6 units) and 5.5 additional ERCs for Units 100 and 200 to be paid prior to issuance of any certificates of occupancy. 13. On February 9, 2009, Staff calculated the water impact fees due and owing for irrigation to be 6. I ERCs. See, Exhibit "E" 14. When 6.1 ERCs for irrigation water are added to the 32 ERCs that account for all of the water going into the project wastewater system, total water ERCs for the project are at approximately 38, I ERCs, not 54.9 ERCs. 15. Taken as a whole, staff's calculation of 54.9 water ERCs (for Petitioner's first and second phase of development only) and 54.9 sewer ERCs or 32 sewer ERCs (for Petitioner's first and second phase of development only) is incorrect and is not supported by historical flow data or the unit count methodology. Wherefore, Petitioner respectfully requests that the Board of County Commissioners reject Staff's calculation and that the Board approve Petitioner's alternative impact fee Respectfully submitted, ~. \ 2_~ .::--- - - Douglas A. 's;-f!'sq.' Attorney for Petitioner Florida Bar No, 0177260 Roetzel & Andress 850 Park Shore Drive, Trianon Centre, Third Floor Naples, FL 34103 (239)649-6200 calculation proposal. 579533 \ lI1b47.0003 4 Agenda Item No. 10A February 24, 2009 Page 445 of 462 Certificate of Service I HEREBY CERTIFY that a true and correct copy oflhe foregoing was sent via e-mail to the following persons this 13th day of February, 2009. Jeffrey A. Klatzkow, Esq. Jennifer Belpedio, Esq, Collier County Attorney's Office 3301 E, Tamiami Trail, 8th Floor Naples, FL 34112 Mr. Jim Mudd, Collier County Manager 3301 E. Tamiami Trail, 2nd Floor Naples, FL 34112 I:x? - Douglas A. Lewis, Esq. Attorney for Petitioner Florida Bar No, 0177260 Roetzel & Andress 850 Park Shore Drive, Trianon Centre, Third Floor Naples, FL 34103 (239)649-6200 579533 \ 11 1647.0003 5 Agenda Item No. 10A February 24, 2009 Page 446 of 462 EXH.llllJ "A" 579533 \ ] 11647.0003 7 Agenda Item NO.1 OA February 24, 2009 Page 447 of 462 EXECUTIVE SUMMARY Recommendation to deny tbe Ahemalive Impact Fee AppeallDbmlt1ed by TamiaJIIi Sqnare of Naples, LLC (Developer) Imd autllorlze tile Cbalrman to execute a notice to tile DeYeIoper for tbe ...u..tio. of tbe Collier County Water-llewer District (CCWSD) A1teraative Impact Fee caleulation of $120,904 for Building 300. OBJECI'IVE: That the Board of County Commissioners, Ex.Officio, the Governing Board of the Collier County Water-Sewer District (Board). deny the Appeal submitted by Tamiami Square of Naples, LLC and authorize !be Chainnan to execute a notice to the Developer for the collection oftbe Collier County Water. Sewer District (CCWSD) Altemative Impact Fee calculation of $ 120,904 for Building 300. CONSIDERATIONS: On December 27, 2007, !be Developer's repr<seotative initiated a discussion with staff concerning potential changes to the water, wastewater, and irrigation demand. In preparation for the meeting, staff uncovered an underpayment of prior water and wastewater impact fees associated with property located at 14700 Tamiami Trail North. The Developer's .cp<esentative was contacted and ultimatcly advised that $288,623.50 was due and payable to CCWSD. The Developer's representative disputed the calculation, and infonncd staff of its intent to pursue an alternative impact fee calculation process. In March 2008, !be Developer made a paymont to the CCWSD in the amount of $43,444 for unpaid water and wastewater impact fees. An additional amount of$15.939 was collected on permit number 20070911176 for water and wastewater impact fees, In total, an amount of $59,383 has been collected and applied to the original balance of$288,623.50. The outstanding balance for the development now stands at $229,240.50, On May 13, 2008, Agenda Item 16C3, the Board approved !be Agreement Regarding Alternative Impact Fee Calculation (Agreement) that allowed !be Developer to proceed with an Alternative Impact Fee Calculation Process with the CCWSD. On August t, 2008, tbe County Attorney's Office received tbe Developer's Alternative Impact Fee Calculation proposal for review. On August 29, 2008, Staff notified the Developer's representative that their submission was deemed "complete," but rejected due to use of a calculation method inconsistent with the methodology established within the Consolidated Impact Fee Ordinance (Ordinance) and inconsistent with the discussions held in the pro-application meeting with staff, On October 2, 2008, the County Attorney's Office received an Appeal from the Developer's representative requesting that tbe Board approve the Alternative Impact Fee Calculation proposal submitted on August I, 2008, No facts or figures related to the Developer's representative calculatioos or cooclusions were cbanged horn the submission that was rejected on August 29, 2008. As supported by a letter horn the current CCWSD rate consultant, dated August 26, 2008, by Mr. Robert J. Ori, President of Public Resources Management Group, Inc., the Developer's submission is based on a static and int1exible criterion that did not account for the variance of business types and their associated flows. The Developer's representative submission and appeal must be denied because the proposed methodology is not consistent with the Ordinance as it does not provide an accurate reflection of waterlwastewater use. In the months of October and November 2008, Staff met with tbe Developer's representatives on multiple occasions. On November 4, 2008, Staff proposed an alternative calculation of $120,904 (54.9 Equivalcnt Residential Connections [ERCs) for water impact rees and 32.0 ERCs for wastewater impact fees) for immediate resolution of the outstanding balance for Building 300. Staff used a combination of historical data Agenda Item No. 10A February 24, 2009 Page 448 of 462 and the Developer'. representative .ubmitted infurmation as the basi. for the proposed dollar amoWlt. It i. Staff's position that this historical data is the methodology that should be relied upon during the alternative impact fee calculation as it is fully consistent and sufficient with the Ordinance, Section 74-303 (d) 2 (g). Due after a ments Building 100 $ II 770.00 Bnilding 200 $ 20 597.50 Building 300 $ 196,873.00 Total $ 229,240.50 \CCWSDAlternativeU) ~ $120,904.00__ /, During A/I_ lmpocl Fee dlscwsions in Oc/ober, 1M Dweloper requ..ted that Building J(}(J and 200 he excluded from the calcuJatlon because there (11'11 no eiating tenJ1nls. Thh figure rejlecu historical data and submitted information/rom the Developer for Building 300. The collection o/water and woslewaler impact fees for Buildings J (}(J and 200 will OCCtll' at a later date, Staff believed that a tentative agreement was reached during the meeting on November 4,2008 and prepared to move forward with the caJculation. Subsequent communication from the Developer's .....f'I....8C1htatives altered the agreement and terminated the process. Staff placed this item on tbe January 13.2009 agenda for Board direction. On January 9, 2009 the Developer's representative requested a continuance to the January 27, 2009 Board meeting and requested another opportunity to meet wilh Staff for a resolution. On January 13,2009 Staff met briefly with the Developer'. representative to discu.. tenns of the Altemative Impact Fee Calculation. Staff believed that a tentative agreement was reached at that time. On January 14,2009, an e-mail was sent to the Developer's .ep.c.sentative with an outline of the terms for the Alternative Impact Fee Calculation provided by Staff. On January 21, 2009 the Developer'. representative altered the term. and condition. that were establi.hed within the January 14'" e-mail. A. a result, agreement was not reached. On January 23, 2009, Staff engaged the Developer's representative via phone confcreoce to discus. the term. for the Alternative Impact Fee Calculation provided by Staff. The Developer's representative, once again, refused to accept the conditions, terms and amount ofthi. calculation. On January 23. 2009, the Developer's representative requested another continuanee until February 24, 2009. Staff has made it clear to the Developer's Representative that this Alternative Impact Fee process is not a negotiation, but rather, a calculation that must be suppotted by a soWld methodology that provides consistency with our Ordinance. The Developer's representatives have failed to provide a supportable calculation for their development. LEGAL CONSIDERATIONS: On or before 30 day. after the hearing on the Alternative Impact Fee the County is required to provide written notice to the Developer of the amount of any impact fees owed based on the outcome of the alternative impact fee process. See Paragrapb 22 of the attached Agreement. The notice made part of this item has been approved for form and legal sufficiency. The Developer has 30 days from the date of the notice to pay all such impact fees in full or to enter into a binding agreement with the County to make installment payments to include the statutO!)' interest rate which .ball commence upon the Board meeting date. Typical payment plans require equal monthly payments throughout the term of the payment plan. The statuto!)' interest rate is presently 8.0% per annum or .0002192 per day. Paragraph 22 alloWll the County Manager to enter into sucb binding agreement for a payment plan Agenda Item No. 10A February 24, 2009 Page 449 of 462 This item is quasi-judicial and as such requires ex parte disclosure to be DUIde. This item requires . majority vote. ~ mw FISCAL IMP ACT: Denial of the appeal will initiate the collection process outlined in Paragraph 22 of the Agreement and allow the CCWSD to pursue tho outstanding balance of $120,904. GROWTH MANAGEMENT IMPACT: Th.... is no associated Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sower District, deny the Appeal submitted by Tamiami Square ofN.ples, LLC and authorize tho Choinnan to execute a notice to the Developer for tho collection of tho Collier County Water- Sewer District Alternative Impact Fee calculation of 5120,904 for Building 300, PREPARED BY: Jennifer B. White, Assistant County Attorney / Thomas G. Wides, Operations Support Director, Public Utilities Division Agenda Item No. 10A February 24, 2009 Page 450 of 462 EXHIlill.JE 579533 \ 111M7.0003 8 Age,Qda 11,em:r,Jo. 10A rr'~ar9~. 2009 Page 451 of 462 Lewis, Doug From: lewis, Doug Sent: Wednesday, November 05, 2008 2:43 PM To: 'wides_tom'; Delony-Jim Cc: belpediajennifer; KlatzkowJeff; MoncivaizGilbert; 'Gerry Hartman' Subject: RE: Tamiami Square Attachments: Document. pdf JimfTom, I sent you an e-mail earlier today on this, and the clear communication that we have had is that any settlement should address our client's desire to resolve this as quickly as possible and without uncertainty (especially In this current economic climate) of further audits or monitoring of the site. Private parties need time to plan for expenses and unanticipated costs are not easily obtainable and recovered. As we discussed, I prefer to be clear on what County staff is offering before I go to the client as I will likely have an uphill battle with Gerry and the client to work to get this settled given the beiow e-mail. Jim, you asked me yesterday to get back to staff with options to allow us to proceed without any further audits or monitoring of the site, In response to this request, I ran a proposal by GiI yesterday afternoon, and he did not have any objection to it (he did say that this is Tom/Jerry's call however), My e-mail to you this morning contains this proposal. Please carefully look at this and let me know your thoughts. On Item b. below and according to our consultant, all Inflow and infiltration (III) is accounted for in the runtimes provided to the County in our report, When sewer discharges out from the pump station it goes into pressurized (not gravity) system and does not have any infiow and infiltration. The annual average daily flow for sewer (taking into account III) for Units 300 and 400 (based on the historical data provided to the staff) is 18 ERCs. Our client's proposal of 26.5 ERCs is for sewer for Units 300 and 400, and it aiso includes ERCs for all non-permitted retail space within Units 300 and 400. This ERC count is supported by historical flows and our client's study/methodology. To date, Gerry and I have not seen any data provided by County staff to support 32 ERCs far Units 300 and 400. The only thing I have seen raised by staff on this is the inflow and infiltration (Iii) issue raised by Tom's e-mail today and you now have our response above on this. On the water side and given a proposed 2 year monitoring/audit period, stairs proposal puts the developer In a worse position then he would have been in had the County charged water impact fees at the time of building permit issuance. Several years after the fact, after tenants (not the developer) have pulled permits, after lender financing is gone, this is not something that I can easily take to my client. On item c, per Exhibit 3 to the County's August 29,2008 letter, the annual average (from August 07 to August 08) is 42 +/-ERCs, not 54.9 ERCs. 54.9 ERCs is based off a 4 month average, with the last month being August 2008. On what basis are we looking at the 4 month average to calculate ERCs? For purposes of deriving the current impact fee rate of $3,200.28 per 1 sewer ERC per the May, 2006 Impact Fee Study, the County looks at AADF, not 4 month averages, and not peak. On the cost side of the ledger, impact fees include the total cost of additional sewer treatment plants and the adjusted cost of existing plants (expressed as a % of the total capacity remaining to serve new development). On the plant capacity side of the ledger. however, the total number of ERCs needed to pay such costs are based an AADF which incorporates a peaking factor of 1,3 to adjust down plant capacity. For example, if plant capacity is 40.100 MGD, this is adjusted down to 30.846 MGD to allow for peaking, inflow and infiltration, etc. If the total number of ERCs needed to pay such wastewater system costs were based on total plan capacity (e.g. 40.100 MGD), more ERCs would be available far issuance, thereby reducing the cost per ERC, However, this creates capacity issues for the County. To avoid this, a peaking factor of 1.3 is already built into the cost of the ERC. This has the effect of raising the cost per ERC by having less ERCs available to pay for the costs of such wastewater system. Our client's only point here is that ERCs are based on AADF, not4 month averages, and not peak. As such, we should compare apples to apples. Typically, you don.t have these historical AADF numbers as impact fees are paid pnor to building permit issuance. Here, however, the County's own historical numbers show an AADF for the site at 42 ERCs from August 07 to Aug 08. As such, ERCs should not exceed the the AADF. Otherwise, our client is paying too much. Please see the attached back-up information on this. Let me know as soan as possible if we are going to the Board on this appeal. My preference would be to work 2/13/2009 Age~alt~~Q. 10A Ft!B\IlIi.H''j~~2009 Page 452 of 462 with staff and my client to get this worked out as soon as possible. Thank you for your continued efforts on this. - Doug From: wides_tom [mailto:TomWldes@colliergov.net] Sent: Wednesday, November 05, 2008 8:39 AM To: Lewis, Doug Cc: belpediojennifer; KlatzkowJeff; DeLony-Jim; MoncivaizGilbert SUbject: Tamiami Square Doug, Based on our previous and most recent discussions, the information received to date from the owners of Tamiami Square, their consultants and you, the County's current position that we feel can be accommodated and eventually incorporated into an agreement is as follows: a) We will agree to forego payment of the water and wastewater impact fees for buildings 100 (a minimum of 2.0 ERC's, depending on build out) and 200 (a minimum of 3.5 ERC's, depending on build out) until the request for certificate of occupancy is made by the owners of such buildings. Accordingly, the then current owners will be responsible for payment of the impact fees as a condition of issuance of a certificate of occupancy, b) The County will accept payment for wastewater impact fees at 32 ERC's; this approximates the actual wastewater flows and allows for any additional flows due to normal and recurring inflow and infiltration (III) events experienced in the system (which must be recognized since the level of service is measured at the plant and includes allowances for III). The remaining impact fees due and payable are $31,266 (32.0 ERC's, less 21,8 ERC's already paid) (see calculations in attachment). Note that these wastewater impact fees only apply to ",lIi~...!.l~ tenants of Building 300. Future impact to our water and wastewater systems, by new or existing tenants, will be applied on the future building permits. c) Actual observed and recorded observations of metered water usage at the current customer base equate to a 54.9 ERC calculation, However, the calculated value for water was 6 1.4 ERC's which included all of the buildings. Subtracting the 5.5 ERC's for buildings 100 and 200, the remaining impact fees due and payable for water are $89,346 (61.4 ERC's - 5.5 ERC's - I ERC = 54.9 ERC's, less 21,8 ERC's already paid) (see calculations in attachment). Note that these wastewater impact fees only apply to existing tenants of Building 300. Future impact to our water and wastewater systems, by new or existing tenants, will be applied on the future building permits. d) In light of the fact that a significant percentage of building 300 has not been built out, the potential for additional water and wastewater impact fees will be monitored for two years, in line with the existing Alternative Fee agreement. Future assessments of impact fees will be measured based on actual water use and the same ratio of wastewater ERC's to water ERC's will be applied as established in this settlement agreement. This method of calculation will eliminate the need for the Developer to furnish wastewater monthly reports and will supply the County with a consistent monitoring process. In no event will the amount of ERC's as referenced in items b and c be reduced, e) The potential installation of a separate irrigation meter will be addressed outside of the agreement. 2113/2009 Agelf>l.'l.lta,I1)J'J". 1 OA FllflAlm'y'2~ 2009 Page 453 of 462 Doug, therefore, staff is willing to resolve this alternative impact fee issue for a remaining combined water and wastewater impact fee payment of $120,904 (see calculations in attachment). Of course, this is subject to Board of County Commissioners approval. Sincerely, Thomas G. Wi des, as Operations Director Collier County Public Utilities Exchange[}efender Message Security: Check Authenticity 2/13/2009 Agenda Item No.1 OA February 24, 2009 Page 454 of 462 The current study employed the same methodology, and the impact fees were calculated on an ERC basis, The capital-related costs were identified in the 2005 Master Plan Update reports prepared by lhe County's Consulting Engineers, which documented the capital improvement plan for Fiscal Years 2006 through 2015 (the "ClP Planning Period") which was relied upon in the preparation of thj~ report. Level of Service Requirements In Ul. evaluation of the capital facility needs for providing water and waslewaler utility services, it is critical that a level of service (LOS) standard be developed. Pursuant to Chapter 9J-5, Florida Administrative Code, the tllevel of service" means an indicator of the extent or degrees of service provided by, or proposed to be 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 ouch public facility or service, Essentially, the level of service standards arc established In order to ensure that adequate facility capacity will be provided for future development and for purposes of issuing development orders or permits, pursuant to Section 163.3202(2)(g) of the Florida Statutes. As funher stated in the Administrative Code, each local government shall establish a LOS standard fN each public facility located within the boundary for which such local government has authority to issue development orders or permits. Such LOS standards arc set for each individual facility or fad Ii!)' type or class and not on a system wide basis. For water and wastewater service, the level of service that is commonly used in the industry is the amount of capacity (service) allocable to an ERC expressed as the amount of usage (gallons) allocated on an average daily basis. This allocation of capacity would generally represent the amount of capacity allowable to an ERC, whether or not soch capacity is actually used (commonly referred to as "readiness to serve"). As previously mentioned, an ERC - sometimes known as an Equivalent Residential Unit (ERU) - is representative of the average capacity required to service a typical individoally-metered or single-family residential account. This class of users represents the largest amount of customers served by a public utility such as the District and generally the lowest level of usage requirements for a specifically metered account. For the purposes of calculating water and wastewater system Impact Fees, PRMG utilized LOS standards of 350 gallons per day (gpd) expressed on an averap;e annual daily flow basis per water ERe. The wastewater 1.0:; standard used in the study was 250 ex ressed on an avera e annual Q!illy flow baSis: Der wa~ewatp.r ERe. ese stan ar s were reviewed in previous studies or the District and discussed with District staff and its Consulting Engineers. In the development of the level of service standards the following reference sources were considered: . 2005 Water and Wastewaler Master Plan Updates prepared by the District's Consulting Engineers, Greeley and Hansen LLC; . Collier County Growth Management Plan adopted on October 28, 1997; . Florida Department of Environmental Protection (FOEP) general design standards; . Florida Public Service Commission (FPSC) capacity relationships for private utilities; and . Actual water production and wastewater flow data reported by the District over the past several years. 5 Agenda Item No. 10A February 24, 2009 Page 455 of 462 EXHIBIT "e" 57953] \ 111647.0003 9 AgeQdalt~~~o. 10A F'E!!ll'd<lrJ"N. 2009 Page 456 of 462 Lewis, Doug From: whitejennifer [JenniferWhite@colliergov.net} Sent: Thursday, January 15, 2009 4:57 PM To: Lewis, Doug Cc: DeLony-Jim; wides_tom Subject: Tamiami Square LLC Doug, 1. Payments of 25% prorated over the first year, 25% prorated over the second year, and 50% prorated over the third year is acceptable. These amounts would be invoiced monthly but not on the monthly water bill. Please keep in mind that a larger payment at the end will result in your client paying mare interest than if the payments were prorated monthly over the entire 3 year period. 2. I will draw up the Agreement once Tamiami Square accepts. You may prepare the Exhibit of permits that you mentioned for our consideration. 3. There is no need to mention the irrigation meter in the Agreement or agenda back-up, An irrigation meter may be applied for at any time. 4. We recommend that you start preparing your appeal presentation and documents in the event that terms cannot be reached as I do not believe that we will be supporting a continuance of the hearing. Notwithstanding the foregoing, I'll remain optimist that terms can be reached. Regards, Jennifer je.......l.fer'S. Whi.tt Assistant County Attorney (239) 252-8400 phone (239) 252-6300 fax 2/13/2009 Agenda Item NO.1 OA February 24, 2009 Page 457 of 462 Lewis, Doug From: Sent: To: SUbject: Attachments: Lewis, Doug Friday, January 16,20094:07 PM 'whitejennifer' RE: Tamiami Square, LLC Picture (Metafile) Jennifer, I appreciate your continued efforts on this. I forwarded your proposal from late yesterday regarding payment terms onto our client, and I have a follow-up call into my client today on this. As we discussed yesterday, our client is taking your settlement proposal to the members of the LLC and will not be able to give you a response on this until aner he speaks with the members of the lLC. . Should you have any questions, please feel free to contact me. Thanks! Douglas A, Lewis A lEGAL PROfESSIONAL ASSOCIATION www.ralaw.com 850 Park Shore Drive Trianon Centre - 3rd Floor Naples, Aorida 34103 Phone: (239) 649-2712 Fax: (239) 261-3659 E-mail: dalewis@ralaw.com Profile: Douglas A. Lewis HlIth Dllugla~.\. Lcwi\ and Rnt:ll,d & Andr..:s\ intend thaI thi.. lTIeS'iil!,":C: Ilt: ll.<,ctll....l.'hl.\jvl.ly by (he aJdrl;'\st:c(s), Thi~ nll'\:-;Jse may l:lllllain inl'llnTlatitln thaI is rri\'ileg\.~1. l'lll\lil1ential and 0:\1;'1111'1" frum disdl)~un: under applkahlt: !;.lw. Unauthurized llisclmiurc (If lJ\t' <\1' thi, inl;lrmalinn j" slril~ll~; rruhihict'd. If ~'ou have received thi... 1,:tlnlnlllui"::;tli(\1l in erwr. rlC'a~t' permant'llll)' di.<;po~ I'lf lilt: nri!,'inal mc:-.<;age <lnd 11\llify Doug-Ia<; '\. l_l~wis imllll'diall"ly :II !1!J9l 649.27 11. Th:lIIk you. From: whitejennifer Imailto:JenniferWhite@coliieroov.netl Sent: Friday, January 16, 2009 3:34 PM To: Lewis, Doug Cc: DeLany-Jim; wides_tom Subject: Tamiami Square, LLC Doug, We need to load the Executive Summary into Novus today and therefore need a response from you today. Regards, Jennifer Jennifer B. White Assistant County Attorney (239) 252-8400 phone (239) 252-<3300 fax Agenda Item No. 10A February 24, 2009 Page 458 of 462 f:XBlBIT "P" 519533 \ 111647.0003 10 Agenda Item No. 10A February 24. 2009 Page 459 of 462 Lewis, Doug From: Sent: To: Cc: Subject: Lewis, Doug Monday, January 26, 2009 2:07 PM Lewis, Doug; (JamesMudd@colliergov.net) whitejennifer, KlatzkowJeff; g,hartman@gaiconsultants.com RE: BCC Agenda Item 10A - 1/27/09 Picture (Metafile) Attachments: In follow-up to the below e-mail, I spoke with Gerry Hartman, and he confirmed that he can attend the BCC hearing on February 24th. Gerry, as you will be attending from our of town, please confirm if you need to make a time certain request. Thanks!! Douglas A. Lewis A lEGAL PROFESSIONAL ASSOCIATION www.ralaw.com 850 Park Shore Drive Trianon Centre. 3rd Floor Naples. Florida 34103 Phone: (239) 649-27t2 Fax: (239) 261-3659 E-mail: dalcwis@ralaw.com Profile: Dougla!:i A. Lewis BUlh nilu;;!<I~ ,\. Lc\\i, anJRnl:\zd.'(: .\ndr..;~" inklh.1 thai this InC.',,;lgl' h.: lI\cd O.dl!Sl\I,;:h h.\ Ih.;: ;Idur~''''''t.-.;I\). Ttll" lm'I,~;I!!s' nlJY cPlIfain ml~lrmilli<ln Ihill is I"llvik.::,r,:d. r.;l)nfiucntial1Jllu I.:.\l:mptlrom di'id,l:,HrC umkr appli..:ablt l:tw, Urw.uth<Jriz.;:d tlischlS\ln: (If ll\l' ,,1' lId, ill(;mnalinll i" "Irkl!\' pmhihiu:J. ]1' Y'J\l h,I\'L~ n:tTivl.-'l.1111i}, l:lln1rlmrti..'sti()ll In error, rll':bt' rCn\lilllC'nlly disro_~c nf lhe ,)rip.inal mC--,<'>:lge <llld !l1)I((Y Dllu;;I:I~ A, I.twj~ imml"di:Hdy at J (~)9,l 6J.t).,2?!1. J'hallk )'(1u. From: Lewis. Doug Sent: Friday, January 23, 2009 2: 11 PM To: ' (JamesMudd@colliergov.net)' CC: 'whitejennifer; KlatzkowJeff; 'g.hartman@gaiconsultants,com' Subject: BCC Agenda Item 10A -1/27/09 Importance: High Our consultant Gerry Hartman is unable to attend the BCC hearing on 2/10/09 as he will be in depositions in DeLand, Florida on that day, I have asked Gerry to see if he can clear his current schedule to attend the BCC hearing on February 24th. By way of this e-mail, I will ask Gerry to confirm his availability on this date and to provide the times he can attend the hearing. Thank you. Douglas A. Lewis <<OLE Object: Picture (Metafile) >> www.ralaw,com <httD:/Jwww.ralaw.com/> 850 Park Shore Drive Trianon Centre - 3rd Floor Naples, Florida 34103 Phone: (239) 649-2712 Fax: (239) 261-3659 E-mail: dalewis@ralaw.com 1 Profile: Douglas A. Lewis <htto:llwww.ralaw.com/atlorneV.cfm?id=4512> Both Douglas A. Lewis and Roelzel & Andress intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged. confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information Is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Douglas A. Lewis immediately at 1 (239) 649-2712. Thank you, Agenda Item No. 10A February 24, 2009 Page 460 of 462 2 Agenda Item No. 10A February 24, 2009 Page 461 of 462 ~ 579533 \ 111647.0003 11 62116/2669 15:52 12393489915 SUNWESTPLUWING Ageoda.lter;!jl,No. 10A Fe~'ffiarY''24, 20 9 Page 462 of 4 2 ~ COlLIER COUNTY PUBLIC UTILITIES DIVISION ~ )"', -.........."'" . _._ :M"2 . ~,?32-m. . "..12>9'73'-,..... Pebruary 9, 2009 Ms. Stacey MoraICl$ Sunwest PllIIDbiD&. LLC 43761" AvcNW Nllploo, FL 34119 PotabIo IrrIplioa M_ 14700 TsmilIIDI Trail North - TomlamI ~ D_ Ms. MoraIOII; Subjoc:t; OUr offioe h8s reyjewod !be prdimiDEy meterlizillg infimnalion (application datod Pobnuuy 9, 20(9) tor !be above-f1lfercncod IIlIdnu. Balled on !be infbrmlllion that you IRIppHod to our ol'llce, a two (2) inch 1IlClG'm<llll3 our minimum ""Iuiranenta. You should apply for !he meter with !be Public Utilities CuI1umcr Service Depattmmt locatod at 4420 Mercamile Avenue. ----. brbiRlIlIIl-..... DaY. ~ ._..~ ofS23.t12l1.50. Tbis 8IIIOIlIltilwludas the IIlClG'lIJl1lin&fee ofSl,213.00 .00 water imptIel fee ofS21,807.50ll.cd<>ll 6, I Bquivalenl RelridalliaI CmmeotiOOJ (BRCo). The fees Il8ZI wUbIn 8I'e valid tor 90 days tiom the date of this leller. If you h.vc any furth.... questions or llODoems repnling the lnfo1malian oontained in llris letter or in the atlIIcInncnts, please foe! fiec to llOI1_ me at (239) 2S2-421 S. SIo""",ly, G~~ GUbclrt Moncivaiz Operations Analyst, Public UtlHti... 0p0nli00ll co: Gary Morocco, Rev_ S~ Heather Sweet, RlMlllue Supervisor Joe Thom.., Watc:r Distribution Manager