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Agenda 01/29/2008 Item #10E Agenda Item No. 10E January 29, 2008 Page 1 of 21 .~ EXECUTIVE SUMMARY To provide the Board of County Commissioners (BCC) with an update on petition CPSP- 2007-6, an amendment to the Potable Water Sub-Element of the Public Facilities Element of the Growth Management Plan (GMP), to add reference in Policy 1.7 to the proposed Collier County 10-Year Water Supply Facilities Work Plan, in order to be consistent with the remedial amendments to the Capital Improvement Element, Ordinance 89-05, as amended; and to have the BCC authorize the Chairman to execute and forward a letter to the Department of Community Affairs (DCA) in reference to the adoption timeline of the aforementioned GMP amendment OBJECTIVE: To provide the Board of County Commissioners (BCC) with a status report pertaining to the substantive aspects of the Collier County 1 O-Year Water Supply Facilities Work Plan and the tentative timeline; and to have the Board consider forwarding a letter to DCA in reference to said timeline of the GMP amendment. CONSIDERATIONS: ,--- In anticipation of the rapid population growth and increasing water demands facing the State, and the potential threats to both the economy and natural resources, the Legislature amended the Florida Water Resources Act (Chapter 373, F.S.) in '1997. The amendment required the five Water Management Districts to initiate regional water supply planning in all areas of the State where reasonable anticipated sources of water were deemed inadequate to meet year 2020 projected demands. The purpose of water supply planning is to develop strategies to meet future water demands of urban and agricultural uses, while meeting the needs of the environment. This process identifies areas where historically used sources of water will not be adequate to meet future demands, and evaluates several water source options to meet the shortfall. As mandated by Florida water law, each regional water supply plan is based on at least a 20-year future planning horizon, and a complete update of each plan is required every five years. . In 2002, the Legislature expanded the local government comprehensive plan requirements set forth in Chapter 163 of the Florida Statutes, to strengthen coordination of water supply planning and local land use planning. The South Florida Water Management District (SFWMD) has developed a long-term comprehensive regional water supply plan update for its planning area. Collier County is within the Lower West Coast Water Supply Plan. Previous water supply plans for the Lower West Coast were completed in February 1994 (planning horizon 2010) and April 2000 (planning horizon 2020), which the County utilized to develop its 2002 Water Master Plan Update. The most recent water supply plan update is the 2005-2006 Lower West Coast Plan Update that has a planning horizon of 2025. ,--- One of the most significant requirements of the 10-Year Water Supply Facilities Work Plan is to project the local government's needs for at least a 10-year period, identify and prioritize the water supply facilities and sources of water that will be needed to meet those needs, and include in the local government's Five-Year Schedule of Capital Improvements the capital improvements identified as needed for the first five years. To date, the County's Water Master Plan has been considered the County's official plan for water capital improvements and the Update on CPSP-2007-6 Page 1 of 4 Agenda Item No. 10E January 29, 2008 Page 2 of 21 basis for the 5-year Capital Improvement Schedule contained in the Capital Improvement Element (CIE). The County's water master plan is incorporated into the GMP by reference. During the State of Florida's 2005 legislative session, lawmakers revised state water law to include a new statutory provision. Local governments within the Lower West Coast Planning Area are required to prepare a 10-Year Water Supply Facilities Work Plan that identifies water supply projects, and adopt revisions to comprehensive plans within 18 months following the approval of the 2005-2006 Lower West Coast Water Supply Plan Update. The South Florida Water Management District's (SFWMD) Governing Board approved the 2005-2006 Lower West Coast Water Supply Plan Update on July 12, 2006. Therefore, Collier County must adopt the proposed GMP text amendment that references the proposed 10-Year Water Supply Facilities Work Plan by January 12, 2008 (or 18 months after the District Governing Board approved each regional water supply plan) [so 163 3177(6)(c), F.S]. Public Utilities Engineering Department, in conjunction with the Comprehensive Planning Department staff, has been diligently working towards meeting the County's statutory adoption deadline of the 10-Year Water Supply Facilities Work Plan. Transmittal hearings were held with the Collier County Environmental Advisory Committee on September 5, 2007; Collier County Planning Commission on September 6, 2007; and Board of County Commissioners on September 25, 2007. A transmittal packet of the amendment was subsequently sent on September 28, 2007 to the Department of Community Affairs (DCA) as well as other State agencies that are required by Florida Statues to review GMP amendments, and which include the SFWMD. The 10-Year Water Supply Facilities Work Plan that was sent to DCA in September, for the most part, was consistent with the latest SFWMD's Lower West Coast Plan Update. The population methodology used was in accordance with the County's Annual Update Inventory Report (AUIR) that was approved by the BCC on January 24, 2007. Subsequent to the transmittal of the Plan that was sent to DCA in September 2007, DCA published its first guidelines for preparing water supply comprehensive plan amendments and water supply facilities work plans in November of 2007. DCA was over a year late in developing the guidelines. Therefore, the 10-Year Water Supply Facilities Work Plan submitted by Collier County did not include all the guidelines for preparing water supply facilities work plans, and will be modified accordingly prior to adoption hearings of the Collier County 1 O-Year Water Supply Facilities Work Plan. On November 27, 2007, DCA sent the County an Objection, Recommendation and Comments (ORC) report of the proposed amendment to the Potable Water Sub-Element of the GMP and 1 O-Year Water Supply Facilities Work Plan. The ORC report includes comments from the other State agencies. Most notable in the ORC report are comments pertaining to consistency between the 10-Year Water Supply Facilities Work Plan and the County's CIE, the need for private utilities to be consistent with the level of service standard (LOSS) that has been identified in the CIE of record, and the inclusion of alternative water supply sources in the proposed 10- Year Water Supply Facilities Work Plan. However, due to the sequence and timing of events, it is impossible at this time to be consistent with the County's CIE and meet the statutory adoption deadline of January 12, 2008. The BCC approved a Compliance Agreement between DCA and the County that includes petitioners-in- intervention, setting forth the required remedial amendments to the CIE. The BCC will hold /"" adoption hearings for the remedial amendments on January 29, 2008, with an anticipated effective date in late April or early May of this year. Because of the delay in the process of the adoption of the County's CIE, the 10-Year Water Supply Facilities Work Plan that was required Update on CPSP-2007-6 Page 2 of 4 Agenda Item No. 10E .January 29, 2008 Page 3 of 21 to be adopted on January 12, 2008 would be adopted at a subsequent date of the County's CIE remedial amendments. If the County was to adopt its 1 O-Year Water Supply Facilities Work Plan at this time, DCA would find the Plan not in compliance and issue a Notice of Intent to find the Plan not in compliance. This would occur because of the CIE's remedial amendments necessitated by the need to be financially feasible. Because of the issues that were in the process of being resolved with DCA pertaining to the County's CIE, County staff has been in communication with DCA staff since the onset of the adoption process of the 10-Year Water Supply Facilities Work Plan in order to address the issues associated with not meeting the statutory deadline (see attached e-mail correspondence, Exhibit A). More recently, staff consulted with DCA, yet again, regarding the approach that the County should follow to adopt a iQ-Year Water Supply Facilities Work Plan that is consistent with the County's CIE. As a result of this consultation, the County will delay the adoption of the 10-Year Water Supply Facilities Work Plan until such time when the 10-Year Water Supply Facilities Work Plan is consistent with the CIE on record. Such CIE, which in normal circumstances would be scheduled for hearings in spring, may be significantly impacted by the outcome of the January 29, 2008 referendum, and consequently may not be presented to the BCe until early summer of 2008. The most important factor is that the work plan is consistent with the 2007 AlIlR population methodology and associated portions of the AUIR pertaining to Potable Water. "."., Please note that there are no references in Section 163.31 n(6)(c) of the Florida Statutes as to financial and planning sanctions as a result of not adopting the County's water supply plan by the January 12, 2008 statutory deadline. As noted in the attached e-mail correspondence from Mr. Ray Eubanks, Plan Review Administrator for DCA, the State agency is willing to work with the County as to solving the inconsistency issues between the 10-Year Water Supply Facilities Work Plan and the CIE. Likewise, a letter is attached, which states the BCC's intent to work with DCA. The letter would be executed by the Chairman if so directed by the Board. Concerning the comments about the need for private utilities (and other utilities in the CIE) to be consistent with the LOSS in the CIE of record, the data provided as part of the transmittal packet that was sent to DCA pertains to the actual consumptive rate of each private utility, and not the LOSS in the GMP. The 10-Year Water Supply Facilities Work Plan is being revised to refiect the LOSS in time for the adoption hearings. Furthermore, a LOSS for the Ave Maria Utilities has to be determined and incorporated into the CIE that will tentatively be presented in the surnmer. This is necessary as Ave Maria Utility is a new utility serving a portion of Collier County outside the Collier County water service district. Collier County has limited regulatory authority over privately held or investor owned utilities. Therefore, it has been somewhat difficult to obtain all the necessary information. However, all information required by DCA will be obtained prior to adoption of the Collier County 10-Year Water Supply Facilities Work Plan in late spring. Currently, Collier County's CIE reflects a level of service standard of 100 gallons per capita per day (gpcd) for privately held or investor owned utilities. The revised 10-Year Water Supply Facilities Work Plan would reflect this level of service standard. Collier County intends to continue to maintain coordination with the existing private utilities, to the extent possible, that its limited regulatory authority allows under the law. "."'.'" The objection provided by DCA pertaining to the inclusion of alternative water supply sources in the proposed 1 O-Year Water Supply Faciiities Work Plan is misguided and overstated. The BCC has noted during the AUIR process the various alternative water supply sources and innovation Update on CPSP-2007-6 Page 3 of 4 Agenda Item No. 10E January 29, 2008 Page 4 of 21 undertaken by the Public Utilities Division in providing quality potable water to its residents. The revised 1 O-Year Water Supply Facilities Work Plan and response letter to DCA, will reflect what the Public Utilities Division determines is in the best interest of Collier County. Public Utilities is in the process of addressing the issues identified in the ORC report. Furthermore, the correspondence will emphasize the County's past, present, and future efforts with respect to the use of alternative water supply and note with emphasis added that Collier County is on the leading edge in the State of Florida. FISCAL IMPACT: There are no fiscal impacts associated with this update. Fiscal impacts will be determined at the time of the 1 O-Year Water Supply Facilities Work Plan submittal. LEGAL CONSIDERATIONS: This Executive Summary has been reviewed and approved by the Office of the County Attorney. STAFF RECOMMENDATION: To have to Board of County Commissioners authorize the Chairman to execute and forward a ietter to the DCA requesting that DCA continue to work with Collier County in order to adopt the 'IO-Year Water Supply Facilities Work Plan as soon as practicable PREPARED BY: Carolina Valera, Principal Planner Comprehensive Planning Department Update on CPSP-2007-6 Page 4 of 4 Item Number: Item Summary: Meeting Date: Page 10f2 Agenda Item No. 10E January 29, 2008 Page 5 of 21 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10E To provide the Board of County Commissioners with an update on petition CPSP-2007-6, an amendment to the Potable Water Sub~Element of the Public Facilities Element of the Growth Management Plan, to add referenGe in Policy 1 7 to the proposed Collier County 1Q-Year Water Supply Facilities Work Plan. in order 10 be consistent With the remedial amendments to the Capital improvement Element, Qrdlriance 89-05, as amended: and to have the BCe authOrize the ChaIrman to 8xecute and forward a letter to the Department of Community ,L.,ftairs (DC!"..) in reference to the adoption tln,81me of the aforementioned (;hJ\F' arnendm8nt (Randy Cohen_ Comprehensive Planning Director) i/29/20013 900:0D AM Prepared By GaroUna Valera ':;omrnunity Deve-lopmcmt &. Environmental ":',enJices Urban Design P!antl0f :Jzte Approved By Zoning & land Dev,-~dopment Rev!ew \d"U200B 4:25:00 PM Randall J, Cohen Community Development & Environmental Services G(Fnprehe\'5k~' [)12inninn [)eparttnent Date Director Approved By Comprehensive Planning 1114/20089:05 AM Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 1/14/20085:48 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Approved By 1/15/2008 3:55 PM Phil E Gramatges, P ,E. Public Utilities Sr. Project Manager Date Public Utilities Engineering 1/16/2008 12:49 PM Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering Director Date Public Utilities Engineering 1/16/20084:26 PM Approved By David Weeks, Alep Community Development & Chief Planner Date Comprehensive Planning 1/17/200810:02 AM file:IIC :\Agenda Test\Export\99-J anuary%2029, %202008\ 10. %20CO UNTY%20MANA GE... 1/23/2008 Page 2 of2 Agenda Item No. 10E January 29, 2008 Page 6 of 21 Environmental Services Approved By ,James W. Delony Public Utilities Administrator Date Public Utilities Public Utilities Atimjnistration 1/22f2008 10:57 AM Approved By OMS Coordinator ()MB Coordinator Date County Manager's Office Office of Management & Budget 1/22/2008 1 :43 PM Appl'oved B)-' iVlark ISdGksoi1 8udget '(,_'1:'1ly::'1 ':-)3te Count}' Manager's Office -~:!tfic.c (If rVi~~nagern;::;nt &. :;:;udget "i 122/2008 1: 54 PM A.pproved By ,:amflS \1 Mudd ., '-'umy i'-Jjanaqi~f -'z,'te Soard of t">iunrv '-:nmn'ii"SI(,,,~"rs '-".unt}! ,.!l2:,:YiH' '; (\fr;cE ] 1:'2/2'::>03 :, .'d) !:'NI file://C:\Agenda T est\Export\99-January%2029, %202008\ I O. %20CO UNTY%20MAN AGE... 1/23/2008 Agenda Item NO.1 OE January 29, 2008 Page 7 of 21 STATE 01<- FLORlDA DIVISrON 01<' ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFF AIRS, Petitioner, And FLORIDA WILDLLFE FEDERA nON and COLLIER COUNTY AUDUBON SOCIETY. In1ervenoTs~ 'it' c,. DOAH Case No. 07-2317 COLUER COUNTY. Respondent, fInd BUCKLEY ENTERPRlSES. HIDEOUT GOLF CLUB, LTD., JOHN L. COW AN and JANE ANN COWAN, TRUSTEES, Intervenors. I'ARTlAL STU'\JLATEI) SEnLE!\IENT AGREEMEN'l' TillS STIPULATED SETTLEMENT AGREEMENT is entered into by and between Petitioners the State of Florida, Department of Community Affairs, Petitioners-in-Intcrvention Florida Wildlife Federation and Collier County Audubon Society, and Respondent Collier County as a partial settlement of the claims raised in the above-styled proceeding, completely resolving the issues raised by Ordinance Number 07-07. Agenda Item NO.1 OE January 29, 2008 Page 8 of 21 RECITALS WHEREAS, the State of Florida, Department of Community Affairs (DCA or Department), is the state land planning agency and has the authority to admmister and enforce the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter ] 63, Part II, Florida Statutes; and \VHEREAS. the Collier County (Local Government) is a local government with the duty to adopt cOluprchensive plan amendments that are '"in compliance; ", anu \VHEREAS. the Local Government adopted Comprehensive Plan Amendment 07.1 ER /vnendmenl) on January 25. ;~OU7 - and \V H FREAS, ,he Amendment updated the CDuntys Capltai Jmprovements Element ICrE) Five-Year Schedule adopted by Ordinance Number 07-07: and WHEREAS, the Department issued its Statement ofIntent on May 1, 2007, and published its Notice of Intent regarding the Amendment on May 2, 2007; and WHEREAS, as set forth in the Statement of Intent, the Department contends that the Amendment is not "in compliance" [or a number ofreasons; and WHEREAS, pursuant to Section 163.3184( I 0), Florida Statutes, DCA has initiated the above-styled fonllal administrative proceeding challenging the Amendment; and WHEREAS, the Local Government dispntes the allegations of the Statement of Intent regarding the Amendment; and WHEREAS, the patties wish to avoid the expense, delay, and uncertainty oflengthy litigation and (0 resolve this proceeding under the (enllS set forth herein; and 2 Agenda Item No.1 DE January 29,2008 Page 9 of 21 WIIEREAS, the Local Government has provided supporting data and analysis for the remedial changes to the Capitallmprovcments Element (CIE) Five-Year Schedule; and WHEREAS, the parties wish to resolve this portion of the pending proceeding under the tenus set forth herein, and agree it is in thcir respective and the parties' mutual best interests to do so; NOW, THEREFORE, in consideration oflhe mutual covenants and promises hereinbelow set forth, and in consideration of the benefits to accrue to each of the parties, the receipt and sufficiency of which ale hereby acknowledged, the parties hereby represent and agree as follows: GENERAL PROVISIONS I. pefinitio,m;. As us<:d in Ill,s Agreement, the fCJlIowing word.~ and phrases shall have the following meanings: a. Act: The Local Government Comprehensive Planning and Land Development Regulation Act, as codified in Part fT, Chapter 163, Florida Statutes. b. Agreement: This Stipulated Settlement Agreement. c. Comprehensive Plan. Amendment or Plan Amendment: Comprehensive plan amendment 07-IER adoptcd by the Local Government on January 25,2007, as Ordinance Number 07-07. d. DOAH.: The Florida Division of Administrative Hearings. e. In compliance or into compliance: The meaning set forth in Section 163.3184(1)(b), Florida Statutes. f. Notice: The notice of intent issued by the Department to which was attached its statement of intent to find the plan amendment not in compliance. 3 Agenda Item NO.1 OE January 29,2008 Page 10 of 21 g. Petition: The petition lor administrative hearing and relief filed by the Department in this case. h. Remedial Action: A remedial plan amendment, submission of support document or other action described III the statement of intent or this Agreement as an action which must bc completed to bong the Amendmenl into compliance. L Remedial Plan Amendment: An amendment to the plan or SllppOlt document, the need for wlllCh is identlf1ed in this Aio,'Teement, including its exhibits, and which the local government must adopt to complcte all remcdlal actions. Remedial plan amendments adopted pursuant to this Agreement lT1USL In the opinitnt of the Departnlcnt, be consistent w-ith. and suhstantiaHy ~;lInilar in ~.~0nCCpl: and content to the ones Idcnllf]t~d in tins ./\greernent or he cltheI\Ni se accqJlab1e to Ihe- DepCJJTmerd .! Statement of Intcnt: The Statement of Intent to find the Plan Amendment not in compliance issued by the Department in this case. k. Support Document: The studies, inventory maps, surveys, data, inventories, listings or analyses used to develop and support the Plan Amendment or Remedial Plan Amendment. 2. Department PoweTs. The Depruiment is the state land planning agency and has the power and duty to administer and enforce the Act and to determine whether the Amendment is in compliance. 3. Negotiation of Agreement. The Department issued its Notice and Statement of Intent to find the Amendment not in compliance, and filed the Petition in tllis case to that effect. Suhsequent to the filing of the Petition the parties conferred and agreed to resolve in part the issues in the Petition, Notice and Statement of Inlent through this Agreement. It is the intent of ~ Agenda Item NO.1 OE January 29, 2008 Page 11 of 21 this Agreement to resolve fully all issues between the parties in this proceeding as pertaining to Ordinance Number 07-07. 4. Cumulative Notice of Intent. If the Local Government completes the Remedial Actions required by this Afo,'reement, the Depal1ment will issue a cumulative Notice of Intent addressing both the Remedial Plan Amendment and the i\mendment that is the subject of this proceeding The Dcpartment will file the cumulativc Notice of Intent with DOAH. 5. I2f~.~-J:jntjon ufPITJ\'i.ii_~~n.~ notJl1 (~-t!'DJ~11wH.:~~ and Remc,A1ilL:\ctlo!ls: Le~!al EfftTl 9f Agreenlenl. Exhibit A to this Agreement is a copy of the Statement of Intent, which identifies the provisIons not in compliance. Exhibit B contains Remedial Actions needed for compliance with respectlo Ordinance Number 07-07 updating the F.ve-)'ear Schedule of Capital Improvements. Exhibits A and B arc incorporated in this Agreement by this reference. This Agreement constitutes a stipulation that ifthe Remcdial Actions are accomplished, the Amendment will be in compliance. 6 Remedial Actions to be Con~idered for Adoption. The Local Government agrees to consider for adoption by formal action of its governing body all Remedial Actions described in Exhibit B no later than the time period provided for in this Agreement. 7 Adoption or Approval of Remedial Plan Amcndments. Within 60 days after execution of this Agreement by the parties, the Local Government shall consider for adoption all Remedial Actions or Plan Amendments and amendments to the Support Documents. This may be done at a single adoption heming. Within 10 working days after adoption ofthe Remedial Plan Amcndment, the Local Government shan transmit 3 copies of the amendment to the Department as provided in Rule 9J-II.OI 1(5), Florida Administrative Code. The Local Govcrnment also shall submit one copy to the rCf,..;onaI planning agency and to any other unit of 5 !\g8nda Item NO.1 DE .January 29,2008 Page 12 of 21 local or state government that has filed a written request with the governing body for a copy of the Remedial Plan Amendment. The Remedial Plan Amendment shall be transmitted to the Department along with a letter which describes the remedial action adopted for each part of the plan amended, including references to specific portions and pages. 8. Acknowledgment. All parties to this Agreement acknowledge that the "based upon" provisions in Section 163.3184(8), Florida Statutes, do not apply to the Remedial Plan Amendment 'l. Review ()fRelllcdi?1 Plan /\mendments and Notice ofIntent, Within]O days aHcr receipt of the adopted Remedial Plan Amendments and Support Documents. the Deparlllicnt shaH issue a Not.ice of intent pursuant to SeCtion i 63 J 1840 [:Ionda Statutes, j()f :hc adopted amendments In accordance \\Jllh thJS Agreement. a. Tn Compliance: If the adopted Remedial Actions satisfy this Agreement, the Department shall issue a Cumulative Notice of Intent addressing both the Amendment and the Remedial Plan Amendment as being in compliance. The Department shall file tIns Cumulative Notice with DOAH and shall move to have this procceding dismissed. h. Not in Compliance: If the Remcdial Actions do not satisfy this Ao!'ccment the Department shall issue a Notice of Intent to find the Plan Amendment not in " , compliance and shall forward the notice to DOAH for consolidation with the pending proceeding. 10. Effect of Amendment. Adoption of any Rcmcdial Plan Amendment shall not be counted toward the frequency restrictions imposed upon plan amendments pursuant to Section 163.3187(1), Florida Statutes. Ii Agenda Item No. 10E January 29, 2008 Page 13 of 21 II. Purpose of this A~reemc_Qt; Not Establishing Precedent. The parties enter into this Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of disputes arising out of or related to the Amendment. The acceptance of proposals for purposes of this AIo'Teement is part of a negotiated agreement affecting many factual and legal issues and is riot an endorsement uf, and docs not establish precedent [or, the use of these proposals in any other circumstances or by any other local government. 12.,~oval by Governing Bodv. This Agreement has been approved by the Local Ciovemment's governing body at a public hearing advertised at ieast lO days prior 10 the hearing in a newspaper of general circulation in the manner presenbed for advertisements in Section ] 63.3] 84( 16)( c). Florida Statutes. This Agreement has been executed by the appropnate officer as provided in t11C Local Govemment's charter or other regulations. 13. Changes in Law. Nothing in this Agreement shall be construed to relieve either party from adhering to the law, and in the event of a change in any statute or administrative regulation inconsistent with this agreement, the statute or regulation shaH take precedence. 14. Other Persons Unaffected. Nothing in this Agreemcnt shall be deemed to affect the rights of any person not a party to this Agreement. This Agreement is not intended to benefit any third party. 15. Attorney Fees and Costs. Each party shall bear its 0\>011 costs, including attorney fees, incurred in connection with the above-captioned case and this Agreement. 16. Effective Date. This Agreement shall become effective immediately upon execution by the Department and the Local Government, and the Petitioners-in-lntervention. 7 Agenda Item NO.1 OE January 29, 2008 Page 14 of 21 17. Filing and Continuancc. This Agreement shall be filed with DOAH by the Department aftcr execution by the parties. Upon tbe filing of this Agreement, this administrative proceeding shall be stayed by the Administrative Law Judge in accordance with Section 1633 I 84(16)(b), Florida Statutes. 18. Retention of Right to Final Hearing. Both parties hereby retain the right to have a final hearing in this proceeding in the event of a breach ofthis A,,'reement, and nothing in this Ab'1'eel11cnt shall be deemed a waiver of such light. Any party to this Af,'Teement may move to have this matter set for heming ifit becomes apparent rhat ilny other party whose action is required by .his Agreement is not proceeding in good flith to take that action, 10. (:onstruction.Qf A~I~CC!I!enL Ail parties to this /\gTeenlent arc dccrned 10 have pa11icipated lI1 its dntfting. In the e'v'ent or an)' ambigwty in the terms oflhIS i\.greemcnt, the partics al,'Tee that such ambiguity shall be construed without regard to which of the parties dratled the provision in question. 20. Entire Agreemcnt. This is the entirc Agreement hetween the parties and no verbal or written assurance or promise is effective or binding unless included in this document. 21. Govenmlental Diserction Unaffected. This Agreement is not intended to bind the Local Government in the exercise of governmental discretion which is cx.ercisable in accordance with Jaw only upon thc giving of appropriate public notice and required public hearings. 22. Multiple Originals. This Agreement may he executed in any number of originals, all of whieh evidence one agreement, and only one of which need be produced for any purpose. 23. Captions. The captions inserted in this Agrcement are for the purpose of convenience only and shall not be utilized to construe or interpret any provision of this Agreement. C '.l Agenda Item No.1 OE January 29, 2008 Page 15of21 In witness whereof, the partics hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. DEPARTMENT OF COMMUNITY AFFAIRS Approved as to form and legality: By: --_._~"".,-~---_.~-~,"-"",,-~"--'"~ Lynette N orr Assistant General Counsel Charles Gauthier, AICP, Director Division of Community Planning Date Date STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this_ day of _._- 2007, by ________ .' who is personally known to me or who has produced as identification and who did/did not take an oath. Notary Public DOAH Case No. 07-23l7GM 9 Agenda Item NO.1 OE January 29, 2008 Page 16 of 21 COLLIER COUNTY ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN Date D:ltc: Approved a..s 10 f{)rm and legal suftiClenC)': 7 " t! ~I ! +~---~-- 'd:lljor1((jl.1. Student-Stirling :\S:->lstant Counry Atl(lrnt.:y i i / ;." ~ ~4::..{.'t,-tj__vt.... , (j iLe-cr. ;3D GCo:r DaH~~ ' DOAH Case No. 07-2317GM J() Agenda Item No. 10E January 29, 2008 Page 17 of 21 FLORIDA WILDLIFE FEDERATION Approved as to form and legality: By: Thomas Reese, Esquire Nancy Anne Payton Date Date STATE OF FLORIDA COUNTY OF COLLiER The Joregoing instrument was acknowledged before me [his ____ day of ~.___.._.___..__..____..___' 2007, by .." ......._~_._.._____. .............' who is personally known to me or who has produced ____.... as identification and who did/did not take an oath.. Notary Public DOAH Case No. 07 -2317GM II I\genda Item NO.1 OE January 29, 2008 Page 18 of 21 COLLlICR COUNTY AUDUBON SOCIETY Approved as to foml and legality: By: Bradley Cornell Thomas Reese, Esquire Date Date ')TATE OF FLORiDA COI :NTY OF COLUER The foregoing instrument was ackJlOwlcdged before me this day of , 2007, by ___' who is personally known to me or who has produced ________.___. as identification and who did/did not take an oatil. Notary Public DOAH Case No. 07-2317GM 12 Agenda Item No. 10E January 29,2008 Page 19 of 21 From: Ray. Eubanks@dca.state.fI.us [mailto: Ray. Eubanks@dca.state.fl.us] Sent: Wednesday, December 26, 2007 7:23 AM To: Cohen Randall Subject: Re: Collier County 10 Water Supply Facilities Work Plan Dear Randy, I spoke with our legal department and we do understand the County's present situation and their proposed method of handling these events: however, according to our legal department DCA does not have the statutory authority to waive any of the statutory due dates outlined in Chapter 163, Florida Statutes. The Department does look forward in working with the County to help resolve the outstanding issues regarding the comprehensive plan. Thanks Ray Eubanks Plan Review Administrator Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 850-922-1767 Rav. Eubanks@dca,state.fl.us "CohenRandall" <RandaIICohen@colliergov.net> 12/19/200711:26 AM To <Ray.Eubanks@dca.state.fl.us> cc "mudd.J" <JamesMudd@colliergov.net>, "SchmittJoseph" <JosephSchmitt@col1iergov.net>, "DeLany _Jim~ <JimDelony@coliiergov.net>, ~weeks_d" <DavidW eeks@colliergov.net>, "FrenchJames" <jamesfrench@colliergov.net>, "valera en <CarolinaValera@colliergov.net> - Subject Collier County 10 Water Supply Facilities Work Plan Dear Ray, Pursuant to our conversation of December 19'h, 2007, Collier County is in a predicament with respect to adopting its final version of the 10-YearWater Supply Facilities Work Plan (Work Plan). Under normal circumstances, Collier County would have been in a position to submit the adopted version of the plan in a timely manner. However, as we discussed, Collier County is in a quandary as a result of DCA's Notice of Intent to find the County's Capital Improvement Element (CIE) not in compliance. As we are both well aware, this is problematic as the Work Plan must be consistent with the CIE. Collier County transmitted the Work Plan in a timely manner and received from DCA the Objections, Recommendations and Comments report (ORC) which noted specific objections pertaining to the Work Plan. Subsequent to the transmittal of the Work Plan, DCA and Collier County staff had a meeting of the minds with respect to finalizing those portions of the ORC related In the CIE that were not in compliance. On December 11 th, 2007, the Collier County Board of County Commissioners (BCC) authorized the Chairman to execute the compliance agreement to then be forwarded to DCA. Collier County is awaiting word from DCA that all other parties and appropriate interveners have executed the Compliance Agreement as well. Agenda Item No. 10E January 29, 2008 Page 20 of 21 Collier County can not adopt its Work Plan prior to January 12'h, 2008, as this would result in an inconsistency with the existing CIE on record. Therefore, Collier County is proposing that the Work Plan be adopted by the BCC after the adoption of the Remedial Amendments to the Collier County Growth Management Plan (GMP), which would then include the CIE as set forth in the Compliance Agreement. If Collier County acted otherwise it would result in creating an internal inconsistency with the GMP. Therefore, as we discussed earlier this morning, Collier County is requesting that DCA provide a letter of understanding that is consistent with this correspondence. In essence, Collier County will expedite its remedial amendments as soon as practicable in order to adopt the Work Plan as soon as possible. Please verify by return e-mail that the methodology to be undertaken by Collier County is consistent with the intent of adopting a Work Plan that is consistent with the CIE and that the 2-3 month delay in providing an acceptable Work Plan is consistent with the intent of DCA insuring that our Work Plan is consistent with the County's CIE. Your assistance to this morning is appreciated as always as we reached an amicable solution without creating a monumental problem that would just be a by-product of time associated with an agreed upon Compliance Agreement. Please call at 239-213-7903 if you have any questions ill respect to this correspondence. Very truly yours, Randy Cohen, AICP Comprehensive Planning Director Collier County Government Florida has a broad public records law and all correspondence, Including email addresses, may be subject to disclosure. Agenda Item NO.1 OE January 29, 2008 Page 21 of 21 January 29, 2007 Florida Department of Community Affairs Ray Eubanks, Plan Review Administrator Division of Community Planning 2555 Shumard Oaks Blvd. Tallahassee, Florida 32399-2100 RE: Collier County's 10-YearWater Supply Facilities Work Plan. Dear Mr. Eubanks: Pursuant to the conversation of December 191h, 2007, between Collier County staff and DCA staff, and your e-mail response on December 26, 2007, Collier County is in an obvious predicament with respect to adopting its final version of the 1 O-Year Water Supply Facilities Work Plan (Work Plan). Under normal circumstances, Collier County would have been in a position to submit the adopted version of the plan in a timely manner. However, as it was discussed between Collier County staff and DCA's staff, Collier County is in a quandary as a resuil of DCA's Notice of Intent to find the County's Capital Improvement Element (GIE) not in compliance. As DCA is aware, this is problematic as the Work Plan must be ~.onsistent with the CIE. Collier County transmitted the Work Plan in a timely manner and received from DCA the Objections, Recommendations and Comments report (ORe) which noted specific objections pertaining to the Work Plan. These objections are impossibie to address at the normal adoption time period as a result of the CIE being found not in compliance. Subsequent to the transmittal of the Work Plan, DCA and Collier County staff had a meeting of the minds with respect to finalizing those portions of the ORC related in the CIE that were not in compliance. On December 11'", 2007, the Collier County Board of County Commissioners (BCC) authorized the Chairman to execute the compliance agreement to then be forwarded to DCA. Collier County, DCA and all other parties and appropriate interveners, have executed the Compliance Agreement (See attached signed agreement). Remedial Amendments to the CIE were adopted by the Collier County Board of County Commissioners on January 29, 2006. Collier County can not adopt its Work Plan prior to January 12'", 2006, as this would result in an inconsistency with the existing CIE on record. Therefore, Collier County is proposing that the Work Plan be adopted by the BCC after the adoption and effective date of the Remedial Amendments to the Collier County Growth Management Plan's (GMP) CIE. The Remedial Amendments to the CIE will be consistent with the conditions as set forth in the Compliance Agreement. Given the aforementioned circumstances, if Collier County acted otherwise it would result in creating an intemal inconsistency with the GMP. Therefore, as previously discussed between Collier County staff and DCA's staff, the Collier County Board of County Commissioners is requesting that DCA continue to work with Collier County in order to adopt the Work Plan as soon as practicable. DCA's expeditious responses and professionalism is appreciated, as always, as we reach an amicable solution without creating a monumental problem that would just be a by-product of the time associated with an agreed upon Compliance Agreement, and the subsequent Remedial Amendments, heard and approved by the Collier County Board of County Commissioners on January 29, 2006. Please call Randy Cohen, Comprehensive Planning Director, at 239-213-2903 if you have any questions in respect to this correspondence. Very truly yours, Tom Henning, Chairman Collier County Board of County Commissioners