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Backup Documents 04/10/2018 Item # 9A COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS -)1 'I'/4. (� A To: Clerk to the Board: Please place the following as a: X Normal legal Advertisement El t°th April 10, 2018 (Display Adv.,location,etc.) Water-Sewer Amending Ordinance And Resolution Ad **+ *** rir+Ff0.'k******'****ScdCsF.k%'TtiC'k'i2X#XXxJYXXXXXXXXX*XX%"XXXXXx— Originating Dept/Div:GMD/Capital Project Planning Person: Gino Santabarbara Date: March 19,2018 Petition No.(If none,give brief description): Petitioner: (Name&Address): Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) Hearing before: X BCC BZA Other Requested Hearing date:(Based on advertisement appearing 15 days before hearing. April 10,2018—ad to run no later than FRIDAY,MARCH 23,2018. Newspaper(s)to be used: (Complete only if important): Naples Daily News ❑ Other ❑Legally Required Proposed Text: (Include legal description&common location&Size: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; AMENDING CHAPTER 134, ARTICLE VII OF THE COLLIER COUNTY LAWS AND ORDINANCES (STORMWATER UTILITIES) BY AMENDING SECTION 134-312 UPDATING THE DEFINITION FOR ASSESSMENT WITHIN THAT SECTION; AMENDING SECTION 134-316 TO UPDATE THE FINDINGS; AMENDING SECTION 134-317 TO MODIFY THE AUTHORITY OF THE COUNTY TO MANAGE THE STORMWATER UTILITY; AMENDING SECTION 134-326 AS TO THE AUTHORITY OF THE BOARD TO ESTABLISH ASSESSMENTS AND UTILITY FEES; AMENDING SECTION 134-327 RELATING TO THE PROCESS OF GRANTING CREDITS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. and 9A A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO THE PROVISION OF THE STORMWATER MANAGEMENT SYSTEM AND IMPROVEMENTS; ESTIMATING THE COST OF THE STORMWATER MANAGEMENT SYSTEM; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE BENEFITF,D THEREBY; ESTABLISHING THE METHOD OF CALCULATING THE COST OF THE STORMWATER UTILITY FEE ESTABLISHING THE METHOD OF COLLECTION OF 1 THE STORMWATER UTILITY FEE; PROVIDING FOR THE CHARGING OF THE COST OF A STORMWATER MANAGEMENT SYSTEM TO GOVERNMENT PROPERTY; DIRECTING THE PREPARATION OF THE STORMWATER UTILITY FEE ROLLS; SETTING A PUBLIC HEARING FOR THE ADOPTION OF A STORMWATER UTILITY FEE AND DIRECTING THE PROVISION OF NOTICE IN CONNECTION THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Companion petition(s), i f any&proposed hearing date: Does Petition Fee include advertising cost?❑ Yes 0 No If Yes,what account should be charged for advertising costs: P.O.#4500182698 R. iewed by: f r t i 3- P1- / 8" Date Division Administrator or Designee List Attachments: I)Proposed Ordinance 2)Proposed Resolution DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: 0 County Manager agenda file: to 0 Requesting Division ❑ Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. ************,***************************,***********,************** ************************* **************** FOR CLERK'S OFFICE USE ONL :f q 2.5Date Received:_, 5 / / Date of Public hearing:__ le Date Advertised: 94 ORDINANCE 18- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; AMENDING CHAPTER 134, ARTICLE VII OF THE COLLIER COUNTY LAWS AND ORDINANCES (STORMWATER UTILITIES) BY AMENDING SECTION 134-312 UPDATING THE DEFINITION FOR ASSESSMENT WITHIN THAT SECTION; AMENDING SECTION 134-316 i TO UPDATE THE FINDINGS; AMENDING SECTION 134- 317 TO MODIFY THE AUTHORITY OF THE COUNTY TO MANAGE THE STORMWATER UTILITY; AMENDING SECTION 134-326 AS TO THE AUTHORITY OF THE BOARD TO ESTABLISH ASSESSMENTS AND UTILITY FEES; AMENDING SECTION 134-327 RELATING TO THE PROCESS OF GRANTING CREDITS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,pursuant to Article VIII, section 1(f), Florida Constitution, and Chapter 125, Florida Statutes, the County has all powers of self-government to the extent not inconsistent with general or special law and such power may be exercised by the enactment of legislation in the form of ordinances; and WHEREAS, Section 403.0893, Florida Statutes, specifically authorizes and encourages the County to provide Stormwater Management Services and create Stormwater programs and adopt Stormwater charges sufficient to plan, construct, operate and maintain the Stormwater management systems; and WHEREAS, in 1991, the County adopted Ordinance No. 91-27, which constituted the Collier County Stormwater Utility Ordinance. The Ordinance authorized the imposition of assessments and utility fees to fund the County's Stormwater Utility; and WHEREAS,provision of that Ordinance need amendment to provide the County with the greatest degree of flexibility to implement the requirements of Florida law. NOW THEREFORE, be it ordained by the Board of County Commissioners of Collier County, Florida. Underlined text is added;struck ththrough text is deleted 9A SECTION ONE. RECITALS. The above Recitals are incorporated herein as if set forth in their entirety. SECTION TWO. Article VII. Stormwater Utility, Section 134-312. Definitions,of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 134-312. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Area of operation means that area designated in any resolution of the board of county commissioners as the area within which the system shall be operated and in which a utility fee is imposed. Assessment means a fee, charge or assessment per acreage fcc authorized by the terms of F.S. § 403.0893(3), as amended, or under any other provision of law and this article,to be assessed for funding such costs of operation and maintenance, debt service, improvements and extension and replacement attributable to a benefit area that the board may determine by resolution of the board of county commissioners as provided herein. Benefit area means any portion or portions of an area within or without an area of operation, designated by resolution of the board of county commissioners as provided herein as a benefit area for purposes of determining utility fees and/or assessments to be payable in such area. Bonds means revenue bonds, assessment bonds, notes, loans or any other debt obligations issued or incurred to finance the costs of construction. Costs of construction means costs reasonably incurred in connection with providing capital improvements to the system or any portion thereof, including but not limited to the costs of: (1) Acquisition of all property,real or personal,and all interests in connection therewith including all rights-of-way and easements therefor; (2) Physical construction, installation and testing, including the costs of labor, services, permitting, materials, supplies and utility services used in connection therewith; (3) Architectural, engineering, legal and other professional services; (4) Insurance premiums taken out and maintained during construction, to the extent not paid for by a contractor for construction and installation; (5) Any taxes or other charges which become due during construction; Underlined text is added;Struck through text is deleted Page 2of7 9A (6) Expenses incurred by the county or on its behalf with its approval in seeking to enforce any remedy against any contractor or sub-contractor in respect of any default under a contract relating to construction; (7) Principal of and interest on any bonds; and (8) Miscellaneous expenses incidental thereto. Debt service means,with respect to any particular fiscal year and any particular series of bonds, loans or notes, an amount equal to the sum of: (1) All interest payable on such bonds, loans or notes during such fiscal year; plus (2) Any principal installments of such bonds during such fiscal year. Director means the director of the stormwater utility as designated by the board of county commissioners. Extension and replacement means costs of extensions, additions and capital improvement to, or the renewal and replacement of capital assets of, or purchasing and installing new equipment for the system, or land acquisition for the system and any related costs thereto,or paying extraordinary maintenance and repair,including the costs of construction, or any other expenses which are not costs of operation and maintenance or debt service. Fee-in-lieu-of means a charge to a developer or individual resident to recover: (1) The costs of construction and debt service on a new stormwater management system which serves such developer or individual resident; or (2) The extension and replacement costs necessitated by development undertaken by such developer or individual resident. Fiscal year means a 12-month period commencing on October 1 of any year, or such other 12-month period adopted as the fiscal year of the utility. Operating budget means the annual utility operating budget adopted by the county for the succeeding fiscal year. Operations and maintenance means the current expenses, paid or accrued, of operation,maintenance and current repair of the system,as calculated in accordance with sound accounting practice, and includes, without limiting the generality of the foregoing, insurance premiums, administrative expenses, labor, executive compensation, the cost of materials, equipment and supplies used for current operations, and charges for the accumulation of appropriate reserves for current expenses not annually incurred, but which are such as may reasonably be expected to be incurred in accordance with sound accounting practice. Revenues means all rates, fees, assessments, taxes, rentals or other charges or other income received by the utility, in connection with the management and operation of the system, including amounts received from the investment or deposit Underlined text is added;ugh text is deleted Page 3 of 7 9A of moneys in any fund or account and any amounts contributed by the county, all as calculated in accordance with sound accounting practice. Stormwater management system or system means the existing stormwater management of the county and all improvements thereto which by this article are constituted as the property and responsibility of the utility, to be operated as an enterprise fund to, among other things, conserve water, control discharges necessitated by rainfall events, incorporate methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over- drainage, environmental degradation and water pollution or otherwise affect the quality and quantity of discharge from such system. Stormwater utility or utility means the enterprise fund utility created by this article to operate, maintain and improve the system. Stormwater utility fee means a utility fee authorized by state law and this article which is established to pay operations and maintenance, extension and replacement and debt service. SECTION THREE. Article VII. Stormwater Utility, Section 134-316, Findings, purpose and declaration of benefit, of the Collier County Code of Laws and Ordinances is hereby amended as follows: Section 134-316. Findings, purpose and declaration of benefit. (a) The board of county commissioners does hereby make the following findings: (1) The professional engineering and management analysis submitted to and adopted by the board of county commissioners on August 27, 1990 properly defines the stormwater management needs of the county. This analysis was updated and approved by the Board of County Commissioners on February 13, 2018, and finalized in the report entitled "Collier County Stormwater Utility Program Phase II-Stormwater Utility Rate Study, dated March 12, 2018. (2) The stormwatcr management needs of the county differ from area to area and that stormwater management service areas arc definable on the basis of such differences in service needs and contribution to the overall problem. (2) The ability of the county to effectively conserve, manage, protect, control, use, and enhance the water resources of the county is dependent on the provision of adequate, equitable and stable funding for the stormwater management program. (3) The stormwater management system, including the components which provide for the collection of and disposal of stormwater and regulation of groundwater, is of benefit and provides services for the Underlined text is added;Struck through text is deleted Page 4 of 7 9A welfare of the county and its residents, including property not presently served by the physical elements thereof. (4) The formation of a stormwater utility, the establishment of a separate enterprise fund for accounting of the revenues, expenditures, assets, and earnings of the utility, and adoption of various rates, fees, charges, rentals, fines, and penalties are necessary to meet the needs identified in the professional engineering and management analysis. (b) It is the intent of the county that in addition to other available monies, stormwater utility fees and assessments shall fund the costs of operation and maintenance, extension and replacement and debt service of the stormwater management system. (c) It is therefore the purpose of this article to provide for the health, safety and welfare of the citizens of the county by providing for the conservation, management, protection, control, use and enhancement, maintenance and improvement of the stormwater systems in the unincorporated areas of the county. (d) It is hereby declared and determined by the board of county commissioners that the stormwater management services provided pursuant to this article and the establishment of a stormwater utility constitute a benefit to the properties within the area of operation equal to or in excess of the costs of providing such stormwater management services. SECTION FOUR. Article VII. Stormwater Utility, Section 134-317. Establishment of Utility, of the Collier County Code of Laws and Ordinances is hereby amended as follows: Section 134-317. Establishment of utility. The board of county commissioners hereby establishes a stormwater utility, which shall be responsible for the conservation,management,protection, control,use, and enhancement of water resources in the county and the management, operation, maintenance, and improvement of the public stormwater systems, and which utility shall operate as a section of the water management department within the environmental services division of the county. SECTION FIVE. Article VII. Stormwater Utility, Section 134-326, Assessment and Utility Fees, of the Collier County Code of Laws and Ordinances is hereby amended as follows: Section 134-326. Assessments and utility fees. The board of county commissioners may, by resolution, establish a benefit areaareas of operation and impose a per acreage assessments and utility fees on real property located in the benefit area areas of operation. Benefit areas within the areas Underlined text is added;Struck through text is deleted Page 5 of 7 9A of operation may be charged an assessment in addition to utility fees depending of the needs for that area. (1) Assessments. Assessments shall be established or modified by this article or by board resolution as provided herein, which shall set forth: a. The benefit area to which the assessment applies; and b. What portion of the assessment will be used for the costs of operations • - • •- - - - - • . . . - --- - . . . - ' - The services and improvements to be provided by the assessment; and c. The assessment rate. The board of county commissioners in its discretion may determine that assessments should vary by benefit area based on its review of the facts, including benefits received, burdens produced and services rendered. (2) Utility fees. Utility fees shall be established initially imposed and may be later or modified by board of county commissioners resolution as provided herein.- Any board resolutions imposing or modifying utility fees which shall set forth: a. The area of operation or benefit area to which the utility fee applies; b. What portion of the utility fee will be used for the costs of operations • . - •- - • -, - - • •. . . ---- - : a . - •' - The services and improvements to be provided by the utility fees; and c. The utility fee rate, if applicable. The board of county commissioners in its discretion may determine that utility fees should vary based on its review of the facts including benefits received, burdens produced and services rendered. SECTION SIX. Article VII. Stormwater Utility, Section 134-327. Credits Against Utility Fees and Assessments, of the Collier County Code of Laws and Ordinances is hereby amended as follows: Section 134-327. Credits against utility fees and assessments. Property owners may receive credit against utility fees and assessments in amounts approved by the board of county commissioners for past or future expenditures determined by the director County Manager to benefit the system. Such determination shall be made in accordance with the guidelines set forth in resolutions establishing an area of operation,benefit area or setting utility fees and assessments. Underlined text is added;Struck through text is deleted Page 6of7 9A SECTION SEVEN. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or 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 EIGHT. INCLUSION IN THE CODE OF LAWS 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 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 NINE. EFFECTIVE DATE. This Ordinance shall be considered adopted upon the date written below. PASSED AND ADOPTED in Regular Session this day of 2018. BOARD OF COUNTY COMMSSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: Dwight Brock, Clerk ANDY SOLIS, Chairman Approved as to form and legality: Jeffrey Klatzkow, County Attorney Underlined text is added;ugh text is deleted Page 7 of 7 9A COLLIER COUNTY, FLORIDA INITIAL STORMWATER RATE RESOLUTION ADOPTED 2018 9A RESOLUTION NO. 2018- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO THE PROVISION OF THE STORMWATER MANAGEMENT SYSTEM AND IMPROVEMENTS; ESTIMATING THE COST OF THE STORMWATER MANAGEMENT SYSTEM; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE BENEFITED THEREBY; ESTABLISHING THE METHOD OF CALCULATING THE COST OF THE STORMWATER UTILITY FEE; ESTABLISHING THE METHOD OF COLLECTION OF THE STORMWATER UTILITY FEE; PROVIDING FOR THE CHARGING OF THE COST OF A STORMWATER MANAGEMENT SYSTEM TO GOVERNMENT PROPERTY; DIRECTING THE PREPARATION OF THE STORMWATER UTILITY FEE ROLLS; SETTING A PUBLIC HEARING FOR THE ADOPTION OF A STORMWATER UTILITY FEE AND DIRECTING THE PROVISION OF NOTICE IN CONNECTION THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS FOLLOWS: ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. PURPOSE AND DEFINITIONS. This resolution constitutes the Initial Stormwater Rate Resolution as authorized by the Ordinance. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires: "Agricultural Property" means a Tax Parcel containing a bona fide Farm Operation on land classified as agricultural pursuant to section 193.461, Florida Statutes. "Benefit Area" means any portion or portions of an area within or without an area of operation designated by resolution of the Board of County Commissioners as provided 1 9A herein as a Benefit Area for the purpose of determining utility fees. For the utility fees authorized herein, the Benefit Area consists of the unincorporated area of Collier County, Florida, as set forth on Appendix A. "Benefited Property" means all parcels of real property that receive a benefit from the Stormwater Management System. "Building" means any structure, whether temporary or permanent, built for support, shelter or enclosure of persons, chattel or property of any kind. This term shall include mobile homes or any vehicles serving in any way the function of a building. "Comprehensive Plan" means the most recent version of the comprehensive plan adopted by the Board pursuant to Chapter 163, Part II, Florida Statutes. "Condominium Complex" means a condominium community created by a declaration of condominium pursuant to Chapter 718, Florida Statutes. "Condominium Common Area Parcel" means a Tax Parcel of Benefited Property including one or more "common elements," as defined in section 718.103, Florida Statutes of a Condominium, the taxable value of which has been attributed to either Condominium Residential Unit Parcels or Condominium Non-Residential Unit Parcels by the Property Appraiser. "Condominium Residential Unit Parcel" means a Tax Parcel of Benefited Property constituting a Condominium "unit," as defined in section 718.103, Florida Statutes, which contains a Dwelling Unit and is assigned a DOR Code 04 in the DOR Codes. 2 9A "Condominium Non-Residential Unit Parcel" means a Tax Parcel of Benefited Property constituting a Condominium "unit," as defined in section 718.103, Florida Statutes, which does not contain a Dwelling Unit and is assigned a DOR Code ending in 04 in the DOR Codes. "DOR Code" means a property use code established in Rule 12D-8.008, Florida Administrative Code, as applied by the Property Appraiser. "Dwelling Unit" means a Building, or a portion thereof, available to be used for residential purposes, consisting of one or more rooms arranged, designed, used, or intended to be used as living quarters for one family only. "ERU" means the typical extent of impervious area for a Single-Family Parcel, which the County has computed is equal to 3,900 square feet. "Exempt Government Property" means property owned by the United States of America, the State of Florida, a county or a school board. "Farm Operation" is as defined in section 163.3162(2), Florida Statutes. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the Fiscal Year for the County. "General Parcel" means a Tax Parcel of Benefited Property that is not a Single- Family Parcel, a Condominium Common Area Parcel or a Condominium Residential Unit Parcel. "Government Leasehold" means a Building located on a Tax Parcel of Government Property that is leased to a private entity for proprietary use. "Impervious Area" means hard surfaced areas which either prevent or severely restrict the entry of water into the soil mantle and/or cause water to run off the surface in 3 greater quantities or at an increased rate of flow from that present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas and other surfaces which similarly affect the natural infiltration or runoff patterns which existed prior to development. "Mitigation Credit" means, for any Parcel of Benefited Property, a number between 0.0 and 100 percent representing a reduction in the Stormwater burden expected to be generated by such Parcel attributable to privately maintained Stormwater management facilities and other factors affecting the quantity or quality of Stormwater runoff. "Mitigation Credit Policy" means the Collier County Stormwater Utility Mitigation Credit Policy attached hereto as Appendix B. "Net ERU" means the standard unit used to express the Stormwater burden expected to be generated by each parcel of property, after taking into consideration any mitigation of the Stormwater burden that results from privately maintained Stormwater management facilities and other factors affecting the quantity, quality, or rate of Stormwater runoff. "Ordinance" means Article VII — Stormwater Utility Sections 134-311 to 134-330 of the Code of Collier County, Florida "Qualifying Mitigation Facility" means a permitted manmade facility or structure on the site of a Benefited Property which, by its design and function, retains or detains Stormwater on-site and thus generates less volume of Stormwater from the site or produces Stormwater runoff with less pollutants than would be the case in the absence of such facilities or structure. 4 A "Single Family Parcel" means a Tax Parcel of Benefited Property assigned a DOR Code of 01 or 02 in the DOR Codes. "Stormwater" means any surface runoff and drainage of water from land surfaces. "Stormwater Improvement" means land, capital facilities and improvements acquired or provided to detain, retain, convey or treat Stormwater within the County. "Stormwater Management Services" means (A) management and administration of the County's Stormwater Management System, including administration, planning, and permitting requirements; (B) Stormwater program engineering; (C) Drainage Basin planning; (D) Stormwater Improvements to be acquired or constructed; (E) operating and maintaining the Stormwater Management System, including extraordinary maintenance; (F) billing and collection of Stormwater Utility Fees, including customer information and educational services and reserves for statutory discounts; and (G) legal, engineering and other consultant services. "Stormwater Management System" or "System" means the existing stormwater management of the county and all improvements thereto which by this article are constituted as the property and responsibility of the utility, to be operated as an enterprise fund to, among other things, conserve water, control discharges necessitated by rainfall events, incorporate methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over-drainage, environmental degradation and water pollution or otherwise affect the quality and quantity of discharge from such system. "Stormwater Roll" means the property roll relating to the funding of the Stormwater Management System approved by a Final Rate Resolution. 5 9A "Stormwater Service Cost" means the estimated amount for any Fiscal Year of all expenditures and reasonable reserves that are properly attributable to the Stormwater Management Services provided within the Benefit Area under generally accepted accounting principles, including, without limiting the generality of the foregoing, reimbursement to the County for any moneys advanced for the Stormwater Management Service, and interest on any interfund or intrafund loan for such purpose. "Stormwater Utility" means the enterprise fund established by the Ordinance to operate, maintain and improve the County's Stormwater Management System. "Stormwater Utility Fee" means a utility fee authorized by state law and the Ordinance which is established to pay operations and maintenance, improvements, extension and replacement and debt service. "Tax Parcel" means a parcel of property which the Property Appraiser has assigned a distinct ad valorem property tax identification number. SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this resolution; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this resolution. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined and declared that: (A) Pursuant to Article VIII, section 1(f), Florida Constitution, and Chapter 125, Florida Statutes, the County has all powers of self-government to the extent not inconsistent with general or special law and such power may be exercised by the 6 9 A enactment of legislation in the form of ordinances. (B) Section 403.0893, Florida Statutes, specifically authorizes and encourages the County to provide Stormwater Management Services and create Stormwater programs and adopt Stormwater charges sufficient to plan, construct, operate and maintain the Stormwater Management System. (C) The Florida Legislature has mandated that local governments in the State of Florida, including the County, have the responsibility for developing mutually compatible stormwater management programs consistent with the rules and regulations of the Florida Department of Environmental Protection and the water management districts and the stormwater management programs established and maintained by other local governments. (D) In 1991, the County adopted Ordinance No. 91-27, which constituted the Collier County Stormwater Utility Ordinance. The Ordinance authorized the imposition of assessments and utility fees to fund the County's Stormwater Utility. (E) The County is responsible for the management and maintenance of the County's Stormwater Management System which has been developed for the purpose of collection, storage, treatment, and conveyance of Stormwater. The County has adopted its goals, objectives and policies found in the Stormwater Management Sub-Element of the Collier County Comprehensive Plan, which sets forth goals that make it necessary and essential to construct improvements and extensions to the existing Stormwater Management System so the collection, storage, treatment, and conveyance of Stormwater within the County adequately protects the health, safety, and welfare of the citizens. The Sub-Element of the Comprehensive Plan encourages the use of innovative funding mechanisms, including, but not limited to, special taxing or assessment districts. 7 A (F) Through the National Pollutant Discharge Elimination System Stormwater permitting program, the U. S. Environmental Protection Agency, as implemented by the Florida Department of Environmental Protection, has mandated the County to implement and fund a comprehensive Stormwater management program to reduce the contamination to surface waters of stormwater runoff and prohibit illicit discharges. (G) The Stormwater Utility Fees authorized herein are consistent with the authority granted in section 403.0893, Florida Statutes. That statutory provision is additional and supplemental authority to the constitutional and statutory power of self-government granted to the County. (H) The public health, safety, and welfare are adversely affected by poor water quality and flooding resulting from inadequate Stormwater management practices. All Benefited Property either uses the Stormwater management system or benefits from the provision and operation of the Stormwater Management System provided by the County. (I) The cost of operating and maintaining the Stormwater Management System and providing Stormwater Management Services in accordance with existing permits and the financing of existing and future repairs, replacements, improvements, and extensions thereof should, to the extent practicable, be allocated in relationship to the benefits enjoyed, services received, or burden caused therefrom. (J) Property owners within the County are eligible for flood insurance through the National Flood Insurance Program (NFIP), which enables these property owners to acquire federally backed flood insurance protection. To ensure that this coverage is available, the County is required to meet the minimum FEMA requirements for participation in the NFIP and failure to meet these requirements could result in flood insurance being either unavailable or prohibitively expensive to property owners within 8 9A the County. (K) The Stormwater Utility Fees to be imposed in accordance with this Resolution provide an equitable method of funding the Stormwater Management Services by fairly and reasonably allocating the cost to Benefited Property. (L) Upon the adoption of this Resolution, that certain report entitled "Collier County Stormwater Utility Study Program Phase II — Stormwater Utility Rate," dated as of March 12, 2018 (the "Stormwater Utility Rate Study"), is hereby adopted and incorporated herein by reference, including the assumptions, conclusions, and findings in such study as to the determination of the Stormwater Utility Fees. (M) The special benefits provided by the Stormwater Management Services to all Benefited Property include, but are not limited to: (1) the provision of Stormwater Management Services and the availability and use of facilities and improvements by the owners and occupants of Benefited Property to properly and safely detain, retain, convey and treat Stormwater discharged from such properties; (2) stabilization of or the increase of property values; (3) increased safety and better access to property; (4) compliance with Federal and State mandated permit requirements; (5) rendering property more adaptable to a current or reasonably foreseeable new and higher use; (6) alleviation of the burdens caused by Stormwater runoff and accumulation attendant with the use of Benefited Property; and (7) fostering the enhancement of environmentally responsible use and enjoyment of the natural resources within the Stormwater Service Area. 9 7 (N) The Stormwater Utility Fees authorized by this Resolution provide an equitable method of funding the Stormwater Service Cost attributed to Benefited Property by fairly and reasonably allocating the cost of Stormwater Management Services to such properties classified on the basis of the Stormwater burden expected to be generated by the physical characteristics and use of such property. (0) If rainfall were applied at a constant rate to an Impervious Area, the Stormwater runoff from such Impervious Area would eventually reach a rate equal to the rate of the rainfall. It is thus fair and reasonable to include 100% of the Impervious Area in determining such property's Stormwater contribution to the Stormwater Management Services. (P) In accordance with section 163.3162(3)(c), Florida Statutes, the County is prohibited from charging a Stormwater Utility Fee on certain Agricultural Property, if such Farm Operation has a National Pollution Discharge Elimination System Permit, an environmental resource permit, a works-of-the-district permit, or if it has implemented best management practices adopted as rules by the Florida Department of Environmental Protection, the Department of Agricultural and Consumer Services, or an appropriate water management district. Accordingly, any Owner of Agricultural Property demonstrating that they meet the outlined requirements shall be granted a Mitigation Credit from the Stormwater Utility Fee. (Q) Any shortfall in the expected proceeds from the Stormwater Utility Fees due to any reduction or exemption from payment thereof required by law or authorized by the Board shall be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds or funds derived from the Stormwater Utility Fee. In the event a court of competent jurisdiction determines any exemption or reduction by 10 9A the Board is improper or otherwise adversely affects the validity of the Stormwater Utility Fee, the sole and exclusive remedy shall be the imposition of a Stormwater Utility Fee, as applicable, upon each affected Tax Parcel in the amount that would have been otherwise imposed save for such reduction or exemption afforded to such Tax Parcel. ARTICLE II STORMWATER UTILITY FEE SECTION 2.01. AREA OF APPLICATION. (A) A Stormwater Utility Fee shall be imposed throughout the Benefit Area, which consists of the entire unincorporated area of Collier County as described in Appendix A. (B) The Stormwater Utility Fee shall provide Stormwater Management Services to all Benefited Property within the Benefit Area. All or any portion of the cost of Stormwater Management Services may be funded from the proceeds of the Stormwater Utility Fees. (C) The Stormwater Utility may also acquire and construct capital facilities to assist and facilitate the provision of Stormwater Management Services within the Benefit Area. SECTION 2.02. IMPOSITION AND COMPUTATION. (A) The estimated cost of Stormwater Management Services for the Fiscal Year beginning on October 1 , 2018 is $21,500,000. (B) A Stormwater Utility Fee shall be imposed against all Benefited Property within the Benefit Area. The estimated cost of Stormwater Management Services attributable to Benefited Property shall be charged against all such Tax Parcels at a rate based upon the properties' demands for service from the Stormwater Utility and the 11 9A Stormwater burden created by such properties, measured by the number of Net ERUs attributable to each parcel of Benefited Property. (C) For the Fiscal Year beginning October 1, 2018, the Stormwater Utility Fee, as applicable, will be computed for each Tax Parcel located within the Benefit Area by multiplying the number of ERUs attributable thereto by the rate of$120 per ERU, less any Mitigation Credit for which the Benefited Property may be entitled to arrive at the Net ERU. However, the $120 rate shall be reduced, if necessary, to ensure that the Stormwater Utility Fees within the Benefit Area do not exceed the cost of the Stormwater Management Services. SECTION 2.03. STORMWATER ROLLS. (A) The Stormwater Roll consisting of the Stormwater Utility Fees attributed to the Benefited Properties shall be prepared as provided herein. (B) A copy of this Resolution and the preliminary Stormwater Rolls shall be maintained on file in the office of the Stormwater Management Section and open to public inspection. The foregoing shall not be construed to require that the Stormwater Rolls be in printed form if the amount of the Stormwater Utility Fee for each Tax Parcel can be determined by use of an available computer terminal. SECTION 2.04. METHOD OF COLLECTION. (A) The Stormwater Utility Fee shall be collected from all Benefited Property pursuant to the Uniform Assessment Collection Act as provided in Section 197.3632, Florida Statutes. For purposes of this Resolution, Stormwater Utility Fees against Government Leaseholds that are included on the Tax Bill will be collected pursuant to the Uniform Assessment Collection Act as provided in Section 197.3632, Florida Statutes. 12 9A (B) As a result of the status of the law relating to the ability of Stormwater Utility Fees to be collected from Exempt Government Property where there is no written agreement, the cost of Stormwater Management Services provided to Exempt Government Property shall be funded through agreements for services with such entities or by such alternative means, including but not limited to, interfund transfers from other legally available revenues of Collier County. Property which is owned by another governmental entity that is not included within the definition of Exempt Government Property under this Ordinance and which does not receive a tax bill, shall be responsible for the Stormwater Utility Fee for that entities property which shall be collected through a direct bill mailed to that entity, a utility bill or such other means available to the County. ARTICLE III DETERMINATION OF NET ERUs SECTION 3.01. CLASSIFICATION OF TAX PARCELS. Each Tax Parcel located within the Benefit Area shall be assigned to one of the following classifications: (A) Category I — Single Family Residential Parcel. (1) Tier 1 — Single Family Residential Parcel consisting of 400 to 2,900 square feet of Impervious Area. (2) Tier 2 —Single Family Residential Parcel consisting of 2,901 to 5,400 square feet of Impervious Area. (3) Tier 3— Single Family Residential Parcel consisting of 5,401 to 9,300 square feet of Impervious Area. (B) Category II — General Parcels (Property consisting of Non-Single Family Residential, Multi-Family Residential, Commercial, Condominium Non-Residential Unit Parcel, Governmental, Institutional and Non-Profit). 13 9A (C) Category III — Exempt Property — Public roads and rights-of-way, private roads, vacant parcels, railroad tracks and parcels with less than 400 square feet of Impervious Area. SECTION 3.02. SINGLE FAMILY RESIDENTIAL PARCELS. (A) The Board hereby finds and determines as follows: (1) There are approximately 82,674 Single Family Residential Parcels located within the Benefit Area. (2) The information on the Property Appraiser's data base is the most comprehensive and recent data available for Single Family Residential Parcels within the Benefit Area. The cost of measuring or verifying the Impervious Area for each individual Single Family Residential Parcel greatly exceeds any benefit to be derived from individual measurement and verification. (3) Through a statistical analysis of all Single Family Residential Parcels within the Benefit Area, it has been determined that parcels with like characteristics of development, such as Single Family Residential Parcels, lend themselves to tiered fees. While other General Parcels tend to be best charged according to actual measured Impervious Areas. (4) The median Single Family Residential Parcel within the Benefit Area contains 3,900 square feet of Impervious Area. (B) The County has estimated 400 to 2,900 square feet of Impervious Area for a typical Small Single Family Residential Parcel within the Benefit Area. Accordingly, the number of Net ERUs attributable to each Tier 1 - Small Single Family Residential Parcel shall be computed by multiplying 0.6 ERUs by the appropriate Mitigation Credit Factor. 14 9A (C) The County has estimated 2,901 to 5,400 square feet of Impervious Area for a typical Medium Single Family Residential Parcel within the Benefit Area. Accordingly, the number of Net ERUs attributable to each Tier 2 - Medium Single Family Residential Parcel shall be computed by multiplying one (1) ERU by the appropriate Mitigation Credit Factor. (D) The County has estimated 5,401 to 9,300 square feet of Impervious Area for a typical Large Single Family Residential Parcel within the Benefit Area. Accordingly, the number of Net ERUs attributable to each Tier 3 - Large Single Family Residential Parcel shall be computed by multiplying 1.4 ERUs by the appropriate Mitigation Credit Factor. (E) The County has estimated that Single Family Residential Parcels consisting of greater than 9,301 square feet constitute Very Large Single Family Residential Parcels. The number of Net ERUs attributable to each Very Large Single Family Residential Parcel shall be computed as a General Parcel. SECTION 3.03. RESIDENTIAL CONDOMINIUM PARCELS. (A) The Board hereby finds and determines as follows: (1) A residential condominium constitutes a unique form of real property ownership comprised of Condominium Residential Unit Parcels, to which there may be an appurtenant undivided share in Condominium Common Area Parcels. (2) It is fair and reasonable and in accordance with section 718.120, Florida Statutes, to attribute the Impervious Area of Condominium Common Area Parcels to the Condominium Residential Unit Parcels to which such Condominium Common Area Parcels are appurtenant. 15 9A (B) The number of Net ERUs attributable to each Condominium Residential Unit Parcel in a Condominium Complex shall be the amount computed by multiplying: (1) the amount calculated by (a) dividing the Impervious Area of the Condominium Complex in which the Condominium Residential Unit Parcel is located, including any Condominium Common Area Parcels, by the ERU Value, and (b) dividing the result by the total number of Condominium Residential Unit Parcels located within such Condominium Complex, and by (2) applying the appropriate Mitigation Credit Factor. SECTION 3.04. NON-RESIDENTIAL CONDOMINIUM PARCELS. (A) The Board hereby finds and determines as follows: (1) A non-residential condominium constitutes a unique form of real property ownership comprised of Condominium Non-Residential Unit Parcels, to which there may be an appurtenant undivided share in Condominium Common Area Parcels. (2) It is fair and reasonable and in accordance with Section 718.120, Florida Statutes, to attribute the Impervious Area of Condominium Common Area Parcels to the Condominium Non-Residential Unit Parcels to which such Condominium Common Area Parcels are appurtenant. (B) The number of Net ERUs attributable to each Condominium Non- Residential Unit Parcel in a Condominium Complex shall be the amount calculated by (1) dividing the Effective Impervious Area of the Condominium Complex in which the Condominium Non-Residential Unit Parcel is located, including any Condominium Common Area Parcels, by the ERU Value, and then 16 9 (2) multiplying the total number of ERUs assigned to the Condominium Complex by the percentage of Building square footage allocated to all Condominium Non-Residential Unit Parcels to arrive at the total ERUs for all Condominium Non-Residential Unit Parcels, and then (3) dividing the total ERUs for all Condominium Non-Residential Unit Parcels by the amount determined by (a) dividing the square footage of each Condominium Non-Residential Unit Parcel by (b) the total non-residential square footage in the Condominium Complex, and then (4) multiplying that figure by the appropriate Mitigation Credit Factor. SECTION 3.05. GENERAL PARCELS. The number of Net ERUs attributable to each General Parcel shall be determined by (1) dividing the Impervious Area of the General Parcel by the ERU Value, and (2) multiplying the result by the appropriate Mitigation Credit Factor. SECTION 3.06. APPROVAL OF MITIGATION POLICY. (A) The Board hereby finds that the Mitigation Credit Policy is fair and reasonable and, therefore, approves the Mitigation Credit Policy attached hereto as Appendix B. (B) The Board recognizes the benefits provided by privately maintained and permitted Qualified Mitigation Facilities. Properties supporting private Qualified Mitigation Facilities should be credited for the public benefits they provide. Accordingly, the number of ERUs otherwise attributable to such property shall be adjusted by a Mitigation Credit determined in accordance with the Mitigation Credit Policy. (C) Property which currently provides for the management of Stormwater through a Qualified Mitigation Facility which is permitted and maintained by a Homeowner 17 9A Association for the benefit of those properties will initially be provided a Mitigation Credit in the amount of 25% of its ERUs without the necessity of filing an application. That Mitigation Credit will be subject to review in future years following inspection and evaluation of the Qualified Mitigation Facility by the County and a determination that it is fully in compliance with the requirements of its permit. In the event, that a determination is made that the Qualified Mitigation Facility is not in compliance with its permit, then the Homeowner Association will be provided notice of the deficiencies. The properties that are served by such Qualified Mitigation Facility will be allowed to continue to receive a Mitigation Credit of 25% through September 30, 2022, without the necessity of filing an application. For the Fiscal Year beginning October 1, 2022, each Homeowner Association which seeks a Mitigation Credit shall file an application with the Stormwater Management Section in accordance with the schedule set forth below. No Mitigation Credit shall be granted for any Qualified Mitigation Facility until it is in compliance with its permit and all deficiencies have been corrected. (D) All other properties that seek a Mitigation Credit shall, prior to June 30, 2018 and thereafter, prior to the June 1 of each subsequent Fiscal Year for which reapplication is required, file a Mitigation Credit application with the County's Stormwater Management Section on a form approved by the Stormwater Management Section. The property owner may be required to provide the Stormwater Management Section with "as built" drawings of the Mitigation Facilities sealed by a Florida registered professional engineer, a certification from a Florida registered professional engineer as to the standards of retention and detention achieved by the facility, evidence of compliance with any exemptions mandated under state law, or such other reasonable requirements as may be necessary to effectuate the purposes of this Section. 18 9A (E) The Stormwater Management Section, with the assistance of other members of the administrative staff of the County, shall, within thirty (30) days after the filing of such application, review the application and such other supporting data that may be filed therewith and make such further investigation as may be reasonably required in order to determine if the applicant is qualified for a Mitigation Credit pursuant to this Section. (F) The Stormwater Management Section shall furnish his or her written decision to such applicant by United States mail, postage prepaid, addressed to the applicant at the address stated on the application. (G) No Mitigation Credit shall be applied for service provided to property by a Qualified Mitigation Facility constructed or maintained with County funds. However, a Mitigation Credit shall be applied for services provided to property by a regional Qualifying Mitigation Facility if the developer of the property provided a capital contribution to the regional facility in lieu of constructing on-site facilities. (H) Upon approval, Mitigation Credits shall be valid and applicable in subsequent Fiscal Years. However, Mitigation Credits previously granted to a property may be revoked at any time by the County upon notice to the property owners. Upon notification by the County, property owners must reapply in accordance with paragraph (D) of this Section. ARTICLE IV NOTICE AND PUBLIC HEARING SECTION 4.01. PUBLIC HEARING. A public hearing will be conducted by the Commission on September 06, 2018, in the Board of County Commissioners Chambers, Third Floor, Collier County Government Center, 3299 Tamiami Trail E, Naples, Florida 19 9A 1 34112, at 5:01 p.m., or as soon thereafter as the item can be heard, to consider imposition of the Stormwater Utility Fees and their collection pursuant to the Uniform Assessment Collection Act. SECTION 4.02. NOTICE BY PUBLICATION. The Stormwater Management Section shall publish a notice of the public hearing authorized by Section 4.01 hereof in the manner set forth in section 197.3632, Florida Statutes. The published notice shall be published no later than August 17, 2018 in substantially the form attached hereto as Appendix C. SECTION 4.03. NOTICE BY MAIL. The Stormwater Management Section shall, at the time and in the manner specified by section 197.3632, Florida Statutes, provide first class mailed notice of the public hearing to each property owner proposed to be subject to the Stormwater Utility Fee at the address indicated on the Tax Roll. The mailed notice shall be mailed no later than August 17, 2018 in substantially the form attached hereto as Appendix D. As an alternative to the above notice, the mailed notice may be provided and included as part of the Truth in Millage (TRIM) Notice issued by the Property Appraiser. 20 9A ARTICLE V GENERAL PROVISIONS SECTION 5.01. ADJUSTMENT OF NET ERUs. (A) Petitions for review of the number of Net ERUs attributed to any Tax Parcel shall be submitted to the Stormwater Management Section which shall have authority to correct any errors made in applying the provisions hereof to the Tax Parcel. The following procedures shall apply to all petitions. (1) Each petition shall be made to the Stormwater Management Section by the owner of the Tax Parcel or such owner's authorized agent. (2) The petition shall be in writing and set forth, in detail, the grounds upon which adjustment is sought. (3) The petition must be filed with the Stormwater Management Section within 30 days of the notice required by Section 4.03 of this Resolution and shall be reviewed within 20 days of the filing date. Filing of a petition shall not extend the time for payment of any Stormwater Utility Fee, or effect the amount of any discount for early payment. If the number of Net ERUs is adjusted for any Tax Parcel, the Stormwater Utility Fee shall be corrected in accordance with Section 2.04 of the Ordinance. If the Stormwater Utility Fee has been paid prior to adjustment of the number of Net ERUs, either the Tax Collector shall refund the amount by which the Stormwater Utility Fee has been reduced, as adjusted for any early payment discount taken by the owner, or the County shall refund the amount by which the Stormwater Utility Fee has been reduced, as adjusted for any early payment discount authorized by the County. 21 9A (4) The petitioner may be required, at petitioner's own cost, to provide supplemental information to the Stormwater Management Utility Director including, but not limited to, survey data approved by a professional land surveyor and/or engineering reports approved by a professional engineer. Failure to provide such information may result in the denial of the petition. (5) The Stormwater Management Section shall respond to each petition in writing. (B) The Stormwater Management Section may initiate adjustments to the number of Net ERUs attributed to any Tax Parcel. If the number of Net ERUs is reduced for any Tax Parcel, the Stormwater Utility Fee shall be corrected. In such event, if the Stormwater Utility Fee has been paid prior to adjustment of the number of Net ERUs, the Tax Collector shall refund the amount by which the Stormwater Utility Fee has been reduced, as adjusted for any early payment discount taken by the owner or the County shall refund the amount by which the Stormwater Utility Fee has been reduced, as adjusted for any early payment discount, as applicable. If the number of Net ERUs is increased for any Tax Parcel, the adjustment shall become effective for Stormwater Utility Fees in the subsequent Fiscal Year. SECTION 5.02. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. 22 9A PASSED AND DULY ADOPTED on this day of , 2018. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ANDY SOLIS, Chairman ATTEST: By: DWIGHT E. BROCK, COUNTY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: JEFFREY A. KLATZKOW, COUNTY ATTORNEY 23 9A APPENDIX A LEGAL DESCRIPTION OF BENEFIT AREA 9A APPENDIX A Legal Description of Benefit Area Collier County.—The boundary lines of Collier County are as follows: Beginning where the north line to township forty-eight south extended westerly intersects the western boundary of the State of Florida in the waters of the Gulf of Mexico; thence easterly on said township line to the northwest corner of section four of township forty-eight south of range twenty-five east; thence south to the northwest corner of section nine of said township and range; thence east to the eastern boundary line of range twenty-six east; thence north on said range line to the northwest corner of township forty-seven south of range twenty-seven east; thence east on the north line of township forty-seven south to the east line of range twenty-seven east; thence north on said range line to the north line of township forty-six south; thence east on the north line of township forty-six south to the east line of range thirty east; thence south on said range line to the north line of township forty-nine south; thence east on the north line of said township forty-nine south to the east line of range thirty-four east and the west boundary of Broward County; thence south on said range line, concurrent with the west boundary of Broward and Miami-Dade Counties, to the point of intersection with the south line of township fifty-three south; thence west on the south line of said township fifty-three south to where that line extended intersects the western boundary of the State of Florida in the waters of the Gulf of Mexico; thence northwesterly and along the waters of said Gulf of Mexico, including the waters of said gulf within the jurisdiction of the State of Florida, to the point of beginning. LESS the municipal boundaries of all incorporated cities within Collier County, including but not limited to the City of Naples, the City of Marco Island and Everglades City. A-1 A APPENDIX B MITIGATION CREDIT POLICY 9A APPENDIX B MITIGATION CREDIT POLICY CREDIT AND ADJUSTMENT POLICY Stormwater Mitigation Credit Policy The County recognizes that some developed properties subject to the stormwater assessment have constructed and currently operate Qualified Mitigation Facilities that can reduce Stormwater runoff impacts from the subject property and thus reduce the burden on the County to maintain, operate and provide capital improvements to the Stormwater Management System. The policy addresses Mitigation Credits as they apply to parcels that have participated in the private development and maintenance of man-made Mitigation Facilities, thus reducing the amount of runoff to be collected, conveyed or treated by the County's stormwater management program. Mitigation Credit Application Parcels subject to a stormwater charge may be granted a Mitigation Credit based on one of the following factors: 1. All parcels served by a qualifying Stormwater Management System. 2. Any parcel that discharges directly outside the County's stormwater system. 3. Agricultural parcels the quality under section 163.3162(3)(a), Florida Statutes. Rationale Mitigation Credits may be granted to parcels whose offsite Stormwater impacts on the County system are non-existent, are mitigated by a properly functioning and permitted Stormwater System, or the parcel owner contributes to the maintenance of a private system which provides stormwater treatment and attenuation for runoff to public right-of-way. The basis for these credits is as follows: 1. Parcels which do not discharge stormwater impose no direct stormwater maintenance burdens on the County's system. This provides a savings to the County on the cost of maintaining the County owned and operated stormwater facilities. 2. Parcel owners which contribute to the maintenance of privately held stormwater management facilities that treat runoff to reduce the pollutant load to receiving waters reduce the financial burden on the operation and maintenance of the County's Stormwater Management System and are eligible for a partial Mitigation Credit. B-1 9A 3. The County and the receiving waters receive benefits from privately-owned and properly maintained stormwater management facilities. 4. It is in the County's interest to encourage the proper operation and maintenance and continued existence of onsite stormwater management facilities. Mitigation Credits A property with functioning and permitted Qualified Mitigation Facilities may receive a stormwater management system user fee credit upon the following conditions: STORMWATER MITIGATION CREDITS Credit Type Eligibility Credit Amount Stormwater Control All parcels served by a qualifying permitted Up to 25% private stormwater management system Direct Discharge Any parcel that discharges directly outside the Up to 50% County's Stormwater Management System Agricultural Agricultural parcels that meet Florida Statutes 100% Section 163.3162(3)(2) The above Mitigation Credits are not cumulative. Requests for Mitigation Credits with supporting documentation must be submitted to Collier County to obtain the credit. Right of Entry In order to be eligible for a Mitigation Credit, the owner of the parcel must agree to allow the County to inspect the stormwater drainage facilities to ensure that they are maintained and functioning properly. B-2 9A APPENDIX C FORM OF NOTICE TO BE PUBLISHED 7 A To Be Published by NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF STORMWATER UTILITY FEES FOR STORMWATER MANAGEMENT SERVICES The Board of County Commissioners of Collier County will conduct a public hearing to consider the imposition of Stormwater Utility Fees in the unincorporated area of the County. The hearing will be held at 5:01 p.m. or as soon thereafter as the item can be heard, on September 06, 2018 in the Board of County Commissioners Chambers, Third Floor, Collier County Government Center, 3299 Tamiami Trail E, Naples, Florida 34112. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the Collier County Facilities Management Department at (230) 252-8380 at least 48 hours prior to the date of the hearing. If hearing impaired, telephone the Florida Relay Service Numbers, 711, for assistance. All affected property owners have a right to appear at the hearing and to file written objections with the County within 20 days of this notice. Any person wishing to appeal any decision of the County Commission with respect to any matter considered will need a record of the proceedings and may wish to ensure that a verbatim record of the proceedings is made. The Stormwater Utility Fees will fund the County's cost to provide Stormwater Management Services within the unincorporated area. The Stormwater Utility Fees are based upon the estimated amount of stormwater runoff generated by impervious surfaces on the property. Impervious surfaces include the roof top, patios, driveways, parking lots, C-1 9 and similar areas. The County has determined that the median single-family residence in the unincorporated area includes 3,900 square feet of Impervious Area, which is defined as the "equivalent residential unit value" or"ERU Value." The annual Stormwater Utility Fee rate for the upcoming Fiscal Year will be $120 for each Net ERU. The maximum Stormwater Utility Fee rate that can, but is not required to, be imposed in future Fiscal Years without additional notice to Tax Parcel Owners is $120 per Net ERU. The number of ERUs was calculated for single family residential parcels based on the estimated amount of Impervious Area attributable to such parcels as computed using the building footprint attributable to the residence. Generally, for all other parcels the number of ERUs were calculated individually for each parcel of property by dividing the effective Impervious Area of such parcel by the ERU Value of 3,900 square feet. If a property owner applies and qualifies, credits for privately maintained Stormwater management facilities and other factors affecting the quantity or quality of Stormwater runoff will be applied, resulting in an assignment of Net ERUs. A more specific description is set forth in the Resolution adopted by the Board of County Commissioners on April 10, 2018. Copies of the Resolution and the preliminary Stormwater Utility Fee roll are available for inspection at the Collier County Stormwater Management Section office located at 2685 South Horseshoe Drive, Suite 103, Naples, Florida 34104. The Stormwater Utility Fee will be collected by the Tax Collector of Collier County, pursuant to Chapter 197, Florida Statutes, on the tax bill to be mailed in November 2018. Failure to pay the Stormwater Utility Fee will cause a tax certificate to be issued against C-2 9A the assessed property, which may result in a loss of title to your property. The Stormwater Utility Fees will be collected through the County's existing utility billing system. If you have any questions, please contact the Collier County Stormwater Management Section at (239) 252-2925 COLLIER COUNTY, FLORIDA C-3 9A APPENDIX D FORM OF NOTICE TO BE MAILED COLLIER COUNTY, FLORIDA 9A NOTICE OF PUBLIC HEARING FOR ADOPTION OF STORMWATER SERVICE ASSESSMENTS AND STORMWATER SERVICE FEES Owner Name Parcel ID#: Address Legal Description: Address Sequence Number: *****NOTICE TO PROPERTY OWNER***** Dear Property Owner: The past decades have brought increased awareness of the detrimental environmental impacts associated with stormwater runoff from properties, including degradation of surface waters, land erosion, flooding and collection of standing water on streets and property. In response to public demand and increased federal regulations imposed by the U. S. Environmental Protection Agency's National Pollution Discharge Elimination System stormwater permitting program as implemented by the Florida Department of Environmental Protection, Collier County has been mandated to improve stormwater management services, which require a dedicated funding source for these services by creating a Stormwater fee program to generate revenues. If implemented by the County, Stormwater Utility Fees shall be imposed against Benefited Property throughout the unincorporated area. Stormwater fees are based upon the estimated amount of stormwater runoff generated by impervious surfaces on your property. Impervious surfaces include the rooftop, patios, driveways, parking lots and similar areas. Impervious surfaces contribute to the County's burden of managing stormwater runoff. The County has determined that the median single-family residence in the unincorporated area includes 3,900 square feet of effective Impervious Area, which is the value of one "equivalent residential unit" or "ERU Value." Single-family residential properties are categorized into one of three ERU tiers based on the estimated amount of Impervious Area associated with each parcel as computed by using the building footprint of the residence. Condominium units are charged generally by calculating the total number of ERUs applicable to the condominium complex as a whole, then dividing that total number of ERUs by the total number of condominium residential units on the property. For other General Parcels, such as commercial parcels, the number of ERUs has been calculated individually for each parcel of property by dividing the effective impervious surface area by 3,900 square feet. If you apply and qualify, credit for privately maintained stormwater management facilities and other factors affecting the quantity or quality of stormwater runoff will be applied, as applicable, resulting in the assignment of Net ERUs. Additionally, if you apply and qualify, certain Agricultural Property is granted a credit from payment of D-1 9A Stormwater Utility Fees pursuant to state law. A more specific description is set forth in the Resolution adopted by the Board of County Commission on April 10, 2018. Copies of the Resolution and the preliminary Stormwater Roll are available for inspection at the Collier County Stormwater Management Section office located at 2685 South Horseshoe Drive, Suite 103, Naples, Florida 34104. Additional information about the Stormwater Utility Fee, including the application for credits, is available at http://www.collierstormwater.corn. The annual Stormwater Utility Fee rate for Fiscal Year 2018-2019 will be $120 for each Net ERU. The maximum Stormwater Utility Fee rate that can, but is not required to, be imposed in future Fiscal Years without additional notice to Tax Parcel Owners is $120 per Net ERU. It is estimated that the County will collect $21,500,000 from the Stormwater Utility Fees for Fiscal Year 2018-2019. The above referenced parcel has been assigned the following Net ERUs and assessment amounts: Number of ERUs Annual Stormwater Utility Fee for FY 18-19 Maximum Annual Stormwater Utility Fee for Future Fiscal Years The Board of County Commissioners of Collier County will hold a public hearing at 9 a.m. p.m., or as soon thereafter as the item can be heard, on September 11, 2018, in the Board of County Commissioners Chambers, Third Floor, Collier County Government Center, 3299 Tamiami Trail E, Naples, Florida 34112. Comments will be received on the proposed Stormwater Utility Fees, including their collection on the ad valorem tax bill, and Stormwater Utility Fees. You are invited to attend and participate in the hearing or file written objections within 20 days of this notice. If you decide to appeal any decision made by the Board of County Commissioners with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, if you need a special accommodation or an interpreter to participate in this proceeding, please contact the Collier County Facilities Management Department at (230) 252-8380 at least 48 hours prior to the date of the hearing. If hearing impaired, telephone the Florida Relay Service Numbers, 711 (Voice), for assistance. Because the Stormwater Utility Fee will be collected by the Tax Collector of Collier County, pursuant to Chapter 197, Florida Statutes, failure to pay the Stormwater Utility Fee will cause a tax certificate to be issued against the assessed property, which may result in a loss of title to your property. If there is a mistake on this notice it will be corrected. If you have any questions regarding the number of ERUs assigned to your property or the amount of the Stormwater Utility Fee, please contact the Collier County Stormwater Management Section by telephone at D-2 9A (239) 252-2925. If you believe you may qualify for a mitigation credit for a privately maintained stormwater management facility or you believe your Agricultural Property is entitled to a full credit from the Stormwater Utility Fee, please contact the Collier County Stormwater Management Section by telephone at (239) 252-2925 or go to http://www. Collierstormwater.com. *****THIS IS NOT A BILL***** D-3 9A Acct #065797 March 19, 2018 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: Water-Sewer Amending Ordinance and Resolution Ad Dear Legals: Please advertise the above legal notice on Friday, March 23, 2018 and send the Affidavit of Publication, in duplicate, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500182698 9A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE AND RESOLUTION Notice is hereby given that on Tuesday, April 10,2018, in the Board of County Commissioner's Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East,Naples, FL, the Board of County Commissioners (BCC), as the Governing Body of Collier County and Ex-Officio the Governing Board of the Collier County Water Sewer District, will consider the enactment of a County Ordinance and Resolution. The meeting will commence at 9:00 A.M. The titles of the proposed Ordinance and Resolution are as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; AMENDING CHAPTER 134, ARTICLE VII OF THE COLLIER COUNTY LAWS AND ORDINANCES (STORMWATER UTILITIES) BY AMENDING SECTION 134-312 UPDATING THE DEFINITION FOR ASSESSMENT WITHIN THAT SECTION; AMENDING SECTION 134-316 TO UPDATE THE FINDINGS; AMENDING SECTION 134-317 TO MODIFY THE AUTHORITY OF THE COUNTY TO MANAGE THE STORMWATER UTILITY; AMENDING SECTION 134-326 AS TO THE AUTHORITY OF THE BOARD TO ESTABLISH ASSESSMENTS AND UTILITY FEES; AMENDING SECTION 134- 327 RELATING TO THE PROCESS OF GRANTING CREDITS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. and A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO THE PROVISION OF THE STORMWATER MANAGEMENT SYSTEM AND IMPROVEMENTS; ESTIMATING THE COST OF THE STORMWATER MANAGEMENT SYSTEM; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE BENEFITED THEREBY; ESTABLISHING THE METHOD OF CALCULATING THE COST OF THE STORMWATER UTILITY FEE; ESTABLISHING THE METHOD OF COLLECTION OF THE STORMWATER UTILITY FEE; PROVIDING FOR THE CHARGING OF THE COST OF A STORMWATER MANAGEMENT SYSTEM TO GOVERNMENT PROPERTY; DIRECTING THE PREPARATION OF THE STORMWATER UTILITY FEE ROLLS; SETTING A PUBLIC HEARING FOR THE ADOPTION OF A STORMWATER UTILITY FEE AND DIRECTING THE PROVISION OF NOTICE IN CONNECTION THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance and Resolution are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes 9A on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND EX OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER SEWER DISTRICT ANDY SOLIS, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara Deputy Clerk (SEAL) 9A Martha S. Vergara From: Martha S.Vergara Sent: Monday, March 19, 2018 4:50 PM To: Legals NDN (legals@naplesnews.com) Subject: Water-Sewer Amending Ordinance & Resolution Ad Attachments: Water-Sewer Amending Ord and Resolution Ad (BCC 4-10-18).doc; Water-Sewer Ord Amendment and Resolution Ad (4-10-18).doc Importance: High Hello, Please advertise the following attached ad Friday, March 23, 2018. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: niartha.vergara@collierelerk.com 1 9A Martha S. Vergara From: Legals@naplesnews.com Sent: Tuesday, March 20, 2018 9:28 AM To: Martha S. Vergara Subject: For your approval Ad: 1962413, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: COLLIERCOU-31-1962413-1.pdf Hi Martha, Attached is the ad proof, please review and let us know if you have any questions. We need an approval in order for the ad to run on the 1st date scheduled. Deadline: 2pm for next day publication, except for Sunday/Monday publication, the deadline is 4pm on Friday. Thank you, Mereida Cardenas Legal Advertising Specialist PART OF THE USA TODAY NETWORK Office: 239.213.6061 Legals@naplesnews.com naplesnews.com Ad Proof Pr©o ". '1,-Ni ttlftes Battu i-Nrws9A Sales Rep:Mereida Mereida Cardenas(N9103) Phone: Email: n+}."`x' Intorrnatitmlex�r M 711 Iar�c �� ' +!� iJ�) .�a J p' r Date:03/20/18 This is a proof of your ad scheduled to run on the dates indicated below. Account Number:504611(N065797) Please confirm placement prior to deadline by contacting your account Company Name:COLLIER COUNTY UTILITIES rep at . Ad Id: 1962413 P.O.No.:#4500182698 Total Cost:$541.45 Contact Name: Email:suezimmetman@colliergov.net Tag Line:NOTICE OF PUBLIC HEARING NOTICE OF I Address:3299 TAMIAMI TRL E#700,NAPLES,FL.34112 Start Date:03/23/18 Stop Date:03/23/18 Phone:(239)252-2679 Fax:(000)000-0000 Number of Timess: 1 Class: 16250-Public Notices Publications:ND-Naples Daily News,ND-Internet-naplesnews.com ( ""da glyi�� " ,. ai �� 9 �� a t,. t `�!� h'Ad� Proof� * 7e e slip�Yr�� 4�1I°`r�� „o I agree this ad is accurate and as ordered. , NOTICE OF PUBLIC HEARING AMENDING SECTION 134-326 OF A STORMWATER UTILITY days prior to the public NOTICE OF INTENT TO AS TO THE AUTHORITY OF FEE AND DIRECTING THE hearing. All materials used CONSIDER AN ORDINANCE THE BOARD TO ESTABLISH PROVISION OF NOTICE IN in presentations before a AND RESOLUTION ASSESSMENTS AND UTILITY CONNECTION THEREWITH; the Board will become a FEES; AMENDING SECTION PROVIDINGFORSEVERABILITY; permanent part of the record. Notice is hereby given that 134-327 RELATING TO THE AND PROVIDING AN EFFECTIVE on Tuesday, April 10, 2018, PROCESS OF GRANTING DATE. Any person who decides to in the Board of County CREDITS; PROVIDING FOR appeal any decision of the Commissioner's Meeting CONFLICT AND SEVERABILITY; Copies of the proposed Board will need a record of Room, Third Floor, Collier PROVIDING FOR INCLUSION IN Ordinance and Resolution the proceedings pertaining . Government Center, 3299 THE COLLIER COUNTY CODE are on file with the Clerk to thereto and therefore, may Tamiami Trail East,Naples,FL, OF LAWS AND ORDINANCES; the Board and are available need to ensure that a verbatim the Board of County AND PROVIDING FOR AN for inspection. All interested record of the proceedings is Commissioners (BCC), as the EFFECTIVE DATE. parties are invited to attend made, which record includes i Governing Body of Collier and be heard. the testimony and evidence County and Ex-Officio the and upon which the appeal is Governing Board of the Collier NOTE: All persons wishing based. County Water Sewer District, A RESOLUTION OF THE BOARD to speak on any agenda item will consider the enactment OF COUNTY COMMISSIONERS must register with the County If you are a person with a of a County Ordinance and OF COLLIER COUNTY, Manager prior to presentation disability who needs any Resolution. The meeting FLORIDA, RELATING TO of the agenda item to be accommodation in order to will commence at 9:00 A.M. THE PROVISION OF THE addressed.lndividual speakers participate in this proceeding, The titles of the proposed STORMWATER MANAGEMENT will be limited to 3 minutes on you are entitled,at no cost to Ordinance and Resolution are SYSTEM AND IMPROVEMENTS; any item.The selection of any you,to the provision of certain ` as follows: ESTIMATING THE COST OF THE individual to speak on behalf assistance. Please contact STORMWATER MANAGEMENT of an organization or group is the Collier County Facilities AN ORDINANCE OF THE BOARD SYSTEM; DETERMINING THAT encouraged. If recognized by Management Division,located OF COUNTY COMMISSIONERS CERTAIN REAL PROPERTY the Chairman,a spokesperson at 3335 Tamiami Trail East, OF COLLIER COUNTY, WILL BE BENEFITED THEREBY; for a group or organization Suite #101, Naples, FL 34112- FLORIDA; AMENDING ESTABLISHING THE METHOD may be allotted 10 minutes to 5356, (239) 252-8380, at least CHAPTER 134, ARTICLE VII OF CALCULATING THE COST speak on an item. two days prior to the meeting. OF THE COLLIER COUNTY OF THE STORMWATER UTILITY Assisted listening devices LAWS AND ORDINANCES FEE; ESTABLISHING THE Persons wishing to have for the hearing impaired (STORMWATER UTILITIES) BY METHOD OF COLLECTION OF written or graphic materials are available in the Board of AMENDING SECTION 134-312 THE STORMWATER UTILITY included in the Board agenda County Commissioners Office. UPDATING THE DEFINITION FEE; PROVIDING FOR THE packets must submit said FOR ASSESSMENT WITHIN CHARGING OF THE COST OF A material a minimum of 3 BOARD OF COUNTY THAT SECTION; AMENDING STORMWATER MANAGEMENT weeks prior to the respective COMMISSIONERS OF COLLIER SECTION 134-316 TO UPDATE SYSTEM TO GOVERNMENT public hearing. In any case, COUNTY, FLORIDA,AS THE THE FINDINGS; AMENDING PROPERTY; DIRECTING written materials intendedto GOVERNING BODY OF COLLIER SECTION 134-317 TO MODIFY THE PREPARATION OF THE be considered by the THE AUTHORITY OF THE STORMWATER UTILITY FEE Board shall be submitted COUNTY TO MANAGE THE ROLLS; SETTING A PUBLIC to the appropriate County STORMWATER UTILITY; HEARING FOR THE ADOPTION staff a minimum of seven Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. It-you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not he made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may he pro-rated for the remaining full days for which the ad did not run. COUNTY AND EX OFFICIO THE 9 A GOVERNING BOARD OF THE COLLIER COUNTY WATER SEWER DISTRICT ANDY SOLIS, CHAIRMAN DWIGHT E.BROCK,CLERK By: Martha Vergara Deputy Clerk(SEAL) March 23,2018 No.1962413 9 * Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, March 20, 2018 10:56 AM To: Naples Daily News Legals Subject: RE: For your approval Ad: 1962413, NOTICE OF PUBLIC HEARING NOTICE OF I Hi Mereida, This is what I see without reading the titles, that's for the legal dept. to do. But can you change the end of the following: Should read: COUNTY AND EX OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER SEWER DISTRICT ANDY SOLIS, CHAIRMAN COUNTY AND EX OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER SEWER DISTRICT ANDY SOLIS, tea.ad CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara Deputy Clerk (SEAL) March 23, 2018 No.1962413 I'll send any other changes the legal department has. Thanks, Martha Original Message From: Legals@naplesnews.com <Legals@naplesnews.com> Sent: Tuesday, March 20, 2018 9:28 AM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Subject: For your approval Ad: 1962413, NOTICE OF PUBLIC HEARING NOTICE OF I Hi Martha, Attached is the ad proof, please review and let us know if you have any questions. 9A We need an approval in order for the ad to run on the 1st date scheduled. Deadline: 2pm for next day publication, except for Sunday/Monday publication, the deadline is 4pm on Friday. Thank you, Mereida Cardenas Legal Advertising Specialist PART OF THE USA TODAY NETWORK Office: 239.213.6061 Legals@naplesnews.com naplesnews.com 2 9 A Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, March 20, 2018 10:58 AM To: 'RodriguezWanda'; 'GinoSantabarbara@colliergov.net'; 'VelascoJessica'; SmithCamden Subject: Water-Sewer Amending Ordinance & Resolution Ad Attachments: COLLIERCOU-31-1962413-1.pdf Morning All, Attached is the ad proof for the ad that is to run on Friday. I will need changes and approvals ASAP. Thanks, Martha 1 Martha S. Vergara 9 A From: SantabarbaraGino <Gino.Santabarbara@colliercountyfl.gov> Sent: Tuesday, March 20, 2018 11:13 AM To: Martha S. Vergara; RodriguezWanda;VelascoJessica; SmithCamden Subject: RE: Water-Sewer Amending Ordinance & Resolution Ad Good morning! I have reviewed the proof for the advertisement that is to run on Friday, and have no changes. If you should have any questions or need any additional information please feel free to contact me, thanks again for all your assistance with this matter! Gino Santabarbara Principal Planner Mtfr e-r •patty Capital Project Planning, Impact Fees & Program Management Division NOTE:Email Address Has Changed 2685 South Horseshoe Drive, Suite 103, Naples Florida 34104 Phone: 239.252.2925 From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent:Tuesday, March 20, 2018 10:58 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; SantabarbaraGino <Gino.Santabarbara@colliercountyfl.gov>; VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountyfl.gov> Subject: Water-Sewer Amending Ordinance & Resolution Ad Morning All, Attached is the ad proof for the ad that is to run on Friday. I will need changes and approvals ASAP. Thanks, Martha Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. 1 Martha S. Vergara 9 A From: Legals@naplesnews.com Sent: Tuesday, March 20, 2018 12:17 PM To: Martha S. Vergara Subject: Revised Ad: 1962413, NOTICE OF PUBLIC HEARING NOTICE OF I Attachments: COLLIERCOU-56-1962413-1.pdf Attached is the ad proof, please review and let us know if you have any questions. We need an approval in order for the ad to run on the 1st date scheduled. Deadline: 2pm for next day publication, except for Sunday/Monday publication, the deadline is 4pm on Friday. Thank you, Mereida Cardenas Legal Advertising Specialist PART OF THE USA TODAY NETWORK Office: 239.213.6061 Legals@naplesnews.com naplesnews.com gafF>Ad roof _ . _. ..I i. iatu; Sales Rep:Mereida Cardenas(N9103) Phone: Email: N'N,I�S 4°"th ,✓q�f Ik! Tv n y...... ...........o,... ,,.. ., a.. . ,./� �✓?41 i�� W �^til �.emrw ...,.,.,...........,„..., Account In(oimatit i S „ N Date:03/20/18 This is a proof of your ad scheduled to run on the dates indicated below. : Please confirm placement prior to deadline by contacting your account Account Number:504611(N065797) rep at . Company Name:COLLIER COUNTY UTILITIES • Ad Id:1962413 P.O.No.:#4500182698 Total Cost:$514.67 • Contact Name: • s Email:suezinunerman@colliergov.net Tag Line:NOTICE OF PUBLIC HEARING NOTICE OF I • Address:3299 TAMIAMI TRL E#700,NAPLES,FL,34112 Start Date:03/23/18 StopDate:03/23/18 IJ Phone:(239)252-2679 Fax:(000)000-0000 Number of Times:1 Class:16250-Public Notices Publications:ND-Naples Daily News,ND-Internet-naplesnews.com 1 z 3 a Thank you for your business. Our commitment to a quality product includes the advertising in our publications. As such,Gannett reserves the right to cat- egorize,edit and refuse certain classified ads.Your satisfaction is important. If you notice errors in your ad,please notify the classified department immedi- ately so that we can make corrections before the second print date. The number to call is 239-263-4700. Allowance may not be made for errors reported past the second print date.The Naples Daily News may not issue refunds for classified advertising purchased in a package rate;ads purchased on the open rate may he pro-rated for the remaining full days for which the ad did not run. PI 0> d'prOo �i as ISI IP �)�� r� ' ^, I; �ii �ga��(�h it iii .(t�ini iil(!4ds ily0, Vi qi illi I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE AND RESOLUTION Notice m hereby given that on Tuesday,April 10,2013, '.. in the Board of County Commissioner's Meeting Room, Third Floor, Collier 3299 Tamlami Trail East Naples,FL, :• Govrnment the Boardo1 County Commissioners (BCC), will consider the enactment f a County Ordinance and Resolution. The ting will commence at 9:0o eA.M The titles of the proposed Ordinance and Resolution are as follows: C AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, q FLORIDA; AMENDING CHAPTER 134, ARTICLE VII OF THE COLLIER COUNTY P LAWS AND ORDINANCES WATER UTILITIES)BY AMENDING AMENDING SECTION 134-312 UPDATING THE DEFINITION FOR ASSESSMENT WITHIN THAT SECTION; AMENDING SECTION 134-31a TO UPDATE 99 THE FINDINGS; AMENDING SECTION 134.31TO MODIFY g THE AUTHORITY OF THE i. . COUNTY TO MANAGE THE STORMWATER UTILITY; # AMENDINGENDING SECTION 134-326 AS TO THE AUTHORITY OF THE BOARD TO ESTABLISH ASSESSMENTS AND UTILITY FEES; AMENDING SECTION 134-323 RELATING TO THE PROCESS OF GRANTING CREDITS; PROVIDING FOR Y CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN tr EFFECTIVE DATE. and A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO THE PROVISION OF THE STORMWATER MANAGEMENT SYSTEM AND IMPROVEMENTS; ESTIMATING THE COST OF THE STORMWATERYSTEM; MANAGEMENT SYSTEM;DETERMINING THAT CERTAIN REAL PROPERTY WILL BE BENEFITED THEREBY; ESTABLISHING THE METHOD {Syy AAAA OF CALCULATING THE COST OF THE STORMWATER UTILITY N FEE; ESTABLISHING THE METHOD OF COLLECTION OF THE STORMWATER UTILITY FEE; PROVIDING FOR THE CHARGING OF THE COST OF A STORMWATER MANAGEMENT SYSTEM TO GOVERNMENT PROPERTY; DIRECTING THE PREPARATION OF THE ROLLS;STORMWATER UTILITY FEE ROLLS; SETTING A PUBLIC HEARING FOR THE ADOPTION OF A ATER UTILITY FEE AND DIRECTING THE PROVISION OF NOTICE IN 9 CONNECTION THEREWITH; PROVIDINGFORSEVEFFECTTY; AND PROVIDING AN EFFECTIVE DATE. Copies and Resolution theon file with the Clerk to Board and available for inspection. All interested parties are invited to attend and be heard. 1 NOTE. All personsishing to speak on any agenda item must register with the County of Man ager agenda item to priorto presentation oCabe addressedjndividual speakers will be limited to 3 minutes an any item.The selection of any Individual to speak on behalf of an organization or group is encouraged If recognized by the Chairman,a spokesperson for a group or orUaniz4tlen may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimumof 3 weeks p rior to respective public ear gInany ease, written materials intendedto considered Boardbe submitted tothe apprropriate mum f County seven days prior Ito the public hearing.All materials used thpresentations before e Board will become a • permanent part of the record. Any person Gk who decides to adlyecionof thfBoarwill need arecodo Ne proceedings he for,mayay need to ensure that a verbtiI record of the proceedingsis made.which record in the testimony and evidence d based,which te appeal is If you are a person with a disabilitywho needs any accommodation in order to , youtare entitled,e itl td,s t oceosto you toe oviat of costein ayssistance. Lance.o the provision contact e Conce. Please contact Me Collier CountyiFacilities Management Division,located at 3335 1 NTrail East,112. Suite#1012301 Naples,520 , least 5356,(ys p 2for to the at tingt. two lops prior to the meeting. Assisted hearings devices for the hearing impaired . e available in the Board of County CommmissionersrsOffice. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA. j9ll) ANDY SOLIS,CHAIRMAN DWIGHT E BROCK,CLERK By. Martha Vergara Deputy Clerk(SEAL) March 23,2018 No.1902413 9A Martha S. Vergara From: KlatzkowJeff <Jeff.Klatzkow@colliercountyfl.gov> Sent: Tuesday, March 20, 2018 11:55 AM To: RodriguezWanda Subject: RE: Water-Sewer Amending Ordinance & Resolution Ad Approved. Jeffrey A. Klatzkow Collier County Attorney (239) 252-2614 From: RodriguezWanda Sent:Tuesday, March 20, 2018 11:53 AM To: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov> Subject: RE: Water-Sewer Amending Ordinance & Resolution Ad I forgot to say, I have reviewed the titles in the ad proof and they do match the titles in the ordinance and resolution we were sent yesterday. From: RodriguezWanda Sent:Tuesday, March 20, 2018 11:48 AM To: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov> Subject: FW: Water-Sewer Amending Ordinance & Resolution Ad Jeff, Ad proof for your approval. Wanda Rodriguez, ACP advanced Certified Paralegal Office of the County attorney (239) 252-8400 From:SantabarbaraGino Sent:Tuesday, March 20, 2018 11:13 AM To: Martha S.Vergara <Martha.VergaraPcollierclerk.com>; RodriguezWanda <Wanda.Rodriguez(a)colliercountvfl.gov>; VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; SmithCamden<Camden.Smith@colliercountyfl.gov> Subject: RE: Water-Sewer Amending Ordinance & Resolution Ad Good morning! I have reviewed the proof for the advertisement that is to run on Friday, and have no changes. i If you should have any questions or need any additional information please feel free to contact me, thanks aga9 f all your assistance with this matter! Gino Santabarbara Principal Planner • er Con Capital Project Planning, Impact Fees & Program Management Division NOTE: Email Address Has Changed 2685 South Horseshoe Drive, Suite 103, Naples Florida 34104 Phone: 239.252.2925 From: Martha S. Vergara [rnailto:Martha.VergaraPcollierclerk.com] Sent:Tuesday, March 20, 2018 10:58 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; SantabarbaraGino <Gino.Santabarbara@colliercountvfl.gov>; VelascoJessica <Jessica.Velasco@colliercountyfl.gov>; SmithCamden <Camden.Smith@colliercountvfl.gov> Subject:Water-Sewer Amending Ordinance & Resolution Ad Morning All, Attached is the ad proof for the ad that is to run on Friday. I will need changes and approvals ASAP. Thanks, Martha Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. Under Florida Law; email addresses are public records. If you do not want your e-mal address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 9A Martha S. Vergara From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Tuesday, March 20, 2018 1:29 PM To: Minutes and Records; Martha S. Vergara Cc: SantabarbaraGino; NeetVirginia Subject: re: Water-Sewer Ad proof revision Attachments: COLLIERCOU-56-1962413-1.pdf; RE:Water-Sewer Amending Ordinance & Resolution Ad Martha, Jeff K.'s approval is attached, we are good to go on this one. Thanks, Wanda Rodriguez, .?SCP Advanced Certified ParafegaC Office of the County .Attorney (239) 252-8400 From: Martha S.Vergara [mailto:Martha.Vergara@collierclerk.com] Sent:Tuesday, March 20, 2018 12:31 PM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Subject: Water-Sewer Ad proof revision Wanda, I am only sending this to you for approval as the department (Gino) approved the original ad proof. LOL Martha Please visit us on the web at www.collierclerk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient,you must not copy,distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated,opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helndesk©collierclerk.com quoting the sender and delete the message and any attached documents.The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. Instead,contact this office by telephone or in writing. 1 9A Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, March 20, 2018 1:33 PM To: Naples Daily News Legals Subject: RE: Revised Ad: 1962413, NOTICE OF PUBLIC HEARING NOTICE OF I Hi Mereida, This ad has been reviewed and approved by the legal department. Please proceed with publishing as requested. Thanks, Martha Original Message From: Legals@naplesnews.com <Legals@naplesnews.com> Sent: Tuesday, March 20, 2018 12:17 PM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Subject: Revised Ad: 1962413, NOTICE OF PUBLIC HEARING NOTICE OF I Attached is the ad proof, please review and let us know if you have any questions. We need an approval in order for the ad to run on the 1st date scheduled. Deadline: 2pm for next day publication, except for Sunday/Monday publication, the deadline is 4pm on Friday. Thank you, Mereida Cardenas Legal Advertising Specialist PART OF THE USA TODAY NETWORK Office: 239.213.6061 Legals@naplesnews.com naplesnews.com 1 9A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Copies of the proposed AND RESOLUTION Ordinance and Resolution are on file with the Clerk to Notice is hereby given that the Board and are available .A on Tuesday, April 10, 2018, for inspection. All interested 0 in the Board of County parties are invited to attend Commissioner's Meeting and be heard. Room, Third Floor, Collier Government Center, 3299 NOTE: All persons wishing xi Tamiami Trail East,Naples,FL, to speak on any agenda item o the Board of County must register with the County D " Commissioners (BCC), will Manager prior to presentation consider the enactment of the agenda item to be of a County Ordinance and - addressed.lndividualspeakers' D Resolution. The meeting will be limited to 3 minutes on xi will commence at 9:00 A.M. any item.The selection of any r) The titles of the proposed individual to speak on behalf I Ordinance and Resolution are of an organization or group is as follows: encouraged. If recognized by w N the Chairman,a spokesperson AN ORDINANCE OF THE BOARD for a group or organization o OF COUNTY COMMISSIONERS may be allotted 10 minutes to OF COLLIER COUNTY, speak on an item. c Persons wishing to have w written or graphic materials Z included in the Board agenda Public Notices packets must submit said 12 r material a minimum of 3 FLORIDA; AMENDING weeks prior to the respective to) CHAPTER 134, ARTICLE VII public hearing. In any case, 0 OF THE COLLIER COUNTY written materials intendedto I A LAWS AND ORDINANCES be considered by the I (STORMWATER UTILITIES) BY Board shall be submitted AMENDING SECTION 134-312 to the appropriate County UPDATING THE DEFINITION staff a minimum of seven m FOR ASSESSMENT WITHIN days prior to the public THAT SECTION; AMENDING hearing. All materials used tin SECTION 134-316 TO UPDATE in presentations before THE FINDINGS; AMENDING the Board will become a SECTION 134-317 TO MODIFY permanent part of the record. 1 THE AUTHORITY OF THE COUNTY TO MANAGE THE Any person who decides to I STORMWATER UTILITY; appeal any decision of the AMENDING SECTION 134-326 Board will need a record of Z AS TO THE AUTHORITY OF the proceedings pertaining THE.BOARD TO ESTABLISH thereto and therefore, may 11 ASSESSMENTS AND UTILITY need to ensure that a verbatim r FEES; AMENDING SECTION record of the proceedings is m 134-327 made, which record includes PROCESS OF GRANTING Z RELATING TO THE the testimony and evidence Z upon which the appealm CREDITS; PROVIDING FOR based. is CONFLICT AND SEVERABILITY; y PROVIDING FOR INCLUSION IN If you are an THE COLLIER COUNTY CODE disbility wa person dwithaa G OF LAWS AND ORDINANCES; accommodation in order to X AND PROVIDING FOR AN cproceeding,EFFECTIVE DATE. participate in this roceedin you are entitled,at no cost to T and certain assis stance. Please(contact z the Collier CountyFacilities 0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS Management Division,located OF COLLIER COUNTY, at 3335 Tamiami Trail East, FLORIDA, RELATING TO Suite #101, Naples, FL 34112 K THE PROVISION OF THE 5356, (239) 252-8380, at least DA STORMWATER MANAGEMENT two days prior to the meeting. n SYSTEM AND IMPROVEMENTS; ESTIMATING THE COST OF THE Assisted listening devices N STORMWATER MANAGEMENT w SYSTEM; DETERMINING THAT CERTAIN REAL PROPERTY o WILL BE BENEFITED THEREBY; co ESTABLISHING THE METHOD Public Notices OF CALCULATING THE COST OF THE STORMWATER UTILITY for the hearing impaired FEE; ESTABLISHING THE are available in the Board of t METHOD OF COLLECTION OF County Commissioners Office. 0 THE STORMWATER UTILITY FEE; PROVIDING FOR THE BOARD OF COUNTY CHARGING OF THE COST OF A COMMISSIONERS OF COLLIER • STORMWATER MANAGEMENT COUNTY,FLORIDA, SYSTEM TO GOVERNMENT ANDY SOLIS,CHAIRMAN PROPERTY; DIRECTING DWIGHT E.BROCK,CLERK THE PREPARATION OF THE STORMWATER UTILITY FEE By: Martha Vergara ROLLS; SETTING A PUBLIC Deputy Clerk(SEAL) HEARING FOR THE ADOPTION March 23,2018 No.1962413 OF A STORMWATER UTILITY FEE AND DIRECTING- THE PROVISION OF NOTICE IN CONNECTION THEREWITH; PROVIDINGFORSEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 9 A ?'apLri art ?'rwG NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# COLLIER COUNTY UTILITIES 1962413 NOTICE OF PUBLIC HEA #4500182698 Pub Dates March 23, 2018 (ttiaiti " ',//a4 (Sign ture of affiant) KAROLEKANGAS ,�'.'—\A NotayPubiic-State of Florida Sworn to and subscribed before me CommAslon IGG 126041 ,}„ My Comm,Expires iu129,2021 This March 23,2018 ..; Bonded through Mond Wary Assn / ant4 otillero (Signature of affiant) 40D I FRIDAY,MARCH 23,2010 I NAPLES DAILY NEWS 9 A nd s Sports 008BENTLEY GT'SP /� Notice 106,Of PUBLIC CORe wwwilCty Notices fbonrt to Reques, eetPublic ng 5 ashked bafoi9e the AFTER 134, aNTICLE W! 2a88GT.000 Dn Isar�D COLLRPUBLIC RECORDS OF at y g ) FL THE COLLIER COUNTY vise the 1 Sapphire color.35.000 37 COLLIER OUNTY,FLORIDA. for Leo terare nifasprstedl)in meetin 81 ocorna to foe the CHAPTER 034,IE RTIC E BY Ear!$64,000(716)880-6374 at (STORMW TER 2017 BMW 640 M Sport Pk Auction/Public Sale Any PP son claiming Under the p,......at fab. meeting b Con at(56 the 9K miles:White&black h(sale,if any,of erplus than the It y District Manager oll re(561 870- LAWS AND ORDINANCES convertible[p.$80,044.opo NOTICE OF PUBLIC muOF property owner as of the date preparing a response to 737-4922. If you are hearing AMENDING SECTION 134-312 298- of the II pendens must file a this Letter of Interest,the or speech impaired please UPDATING THE DEFINITION sixtyclaim within Res FOR 2813 MERCEDES-BENZ C3N Notice is hereby given that after the salle. TheCourt,n oneP(1)dorienalband ten b(10) Service at 1-800 955 8770 THAT SECTION;NAMENDING II Gray/black. 576 m!. good Ext Space Storage R its discretion,may enlarge the copies of their quallhctions who can aid you in contacting SECTION 134-316 TO UPDATE cond.$16,000(4841.46T-1507 sellatpublic auction at the time of the sale.Notice of the and remit to the Cit of the District Office. THE FINDINGS; AMENDING storaLEXUS SC 4N-1992. to satisfy thelienloffed the owner. changed time of sale shall be Bonita Springs. Attention: SECTION 134-31770 MODIFY Very goad cool.122K mi. at public sale by competiive published as provided herein. City Clerk,9101 Bonita Beach A person who THE AUTHORITY OF THE Asking 53,900.(847)024-611C bidding on Aped 3,2818 at 938 Road,Bonita Springs,Florida decides to appeal an decision COUNTY TO MANAGE THE AM at the Extra Space Storage Dat:March 13,2018 34135, The Respondent will made at this oard Meeting STENDING ER UTILITY; facility located at: be required to enter into an with respect to any matter AMENDING SECTION 134-326 Sport Utility Vehicles 18558 GoodkHe Road N, DWIGHT E.BROCK agreement with the City using considered at the Board AS TO THE AUTHORITY OF 'MIEEPGRRDCHEROKEE ltd Na es,FL 3tl09 Clerk of the Circuit Court the City's forms. Meeting s advised that THE BOARD TO ESTABLISH Overland,White,135,500 mi. 9-919- person Stocking If of the roc need a chat ASSESSMENTS FEES; AMENDINGD UTILITY SECTION V8,one owner,good condi- Deputy Clerk of the Court you have any questions of the proceedings and that tion.$5,500.(239)-776-0291 26009-Neil Darren Masters y e9ardm9 the specifications accordingly,the person may 134-327 RELATING TO THE -2007 Ford Foose Mustang far intended work,or if you need to ensure that a verbatim PROCESS OF GRANTING Y7 ESCALADE 10VFT85H475227149-Darren Prepared by: have procedural questions, record of the proceedings!s CONFLIC PROVIDING FOR 7ON IN o I-Peart CADILLACC ESCwhite/tan loth- Neil Masters 1515 S rg Law Group,P.A. pllease submit our questions made including the testimony CONFLICT AND SEVERABILITY; er,laded.Mint condition, Suit 00th federal Highway, busines writing before openino later than fiveng) appeal is to be and evidence based.on bich the THEVCOLLIER COUNTY IDING FOR (CODE $22,800 ubo(239)777-6061 27002-Craig LeBeau- Boca Raton,FL 33432 f the res gOF LAWS AND ORDINANCES; Cabinets,Office Furniture o pones f Letters of '12 BMW XS-591,Black 296 mi. Into estto Carl L S h ng,Cityy Meet nV 5 may be AND PROVIDING FOR AN ex.Gond.Sport pkgI526,900 Purchases must be made If you are a person with a Manager, at c 1 hwingiv cancelled from time to time EFFECTIVE DATE. 216-470-8110 plc available with ash only and paid at tlisabdity who needs any ctyof ntaspri._g...__9. without advertised notice. the above referenced facility mmodation In order to and RESS MOtOrCyCleS/Mopeds in order to complete the yy partrare enttled,in this at no cost ALL FIRMS ON NOTICE HEREBYWINDING COMMUNITY DEVELOPMENT A RESOLUTION OF THE BOARD transaction. Extra Space t you,to the provision of NEITHER THE CITY COUNCIL, DISTRICT OF COUNTY COMMISSIONERS 14 HARLEY DAVIDSON SPORT- Storage may,refuse arty loot certain assistancerchase . Please NOR ANY EMPLOYEES OF COLLIER COUNTY, SdER 12N 2K or like new takes rescind scion ubidder contact ADA Coordinator OF THE CITY OF BONITA www.idindingeypresardd.org FLORIDA, RELATING TO price$6000 USD 239-220-1129 TORMWATER MANAGEMENT VV Y of the Administr 'g Collier g County,John Carter, EITERSPRINGS,ARE TO BE LOBBIED March 23.2078 No.1960004 THE PROVISION OF THE ULAR ZYSTEM AND IMPROVEMENTS: March 6,23,2018 No.1955149 M331, Easter tviamam52T8800 CPROJECT.IVFIRMSBAND THEIR NOTICE AVcE MRA STEWARDSHIPG ESTIMATINGTRMWATER THE COST THE Suite 501 Naples,FL 34112 AGENTS ARE HEREBY PLACED Sy SYSTEM;DETERMINING THAT 2815 DODGEGRAM) with AN scheduled couys before rt appearance. NOTour ON NTOICONTACT MEMBERS of the BoardofuSupervisorsr WheelchairGRA )CARh CERTAIN REAL PROPERTY tie doweredfloor,ramp(39Mg4 826& Notice Under Fictitious or immediately upon receiving OF THE CITY COUNCIL OR WILL BE BENEFITED THEREBY: this if the time (the"8aarhhipp of the Ave Maria ESTABLISHING THE METHOD Name Law Pursuant to before bfi then scheduledthan PURPO ES TAFF BAS ERS FDOR IING DistriSt ct•ssscheduledtobeheCo m ltl OF CALCULATING THE COST Section 865.09, Florida days;appearance is less 7 MEETINGS OF INTRODUCTION,INFLUENCE Tu esda OF THE STORMWATER UTILITY Statutes NOTICE 15 HEREBY dayys f you are hearing or DINNERS ETC.TO INFLUENCE 9:00 a.m.ay. tathe WeOMarra FEE; ESTABLISHING THE GIVEN that the undersigned, yoke impaired,call 711. THE OUTCOME OF THE Master Association located at METHOD OF COLLECTION OF 1993 FORD MUSTANG Karen Papoulidis desiring to March 23,30,2018 No.1955457 SELECTION PROCESS, IF 5076 Annunciation Circle.Suite THE STORMWATER UTILITY CONVERTIBLE BE White/Red gage in business under the THEY INTEND TO,OR HAVE FEE; PROVIDING FOR THE Interior,4cyl automatic, fictitious name of Konnie's103,Ave Maria,Florida 31141. CHARGING OF THE COST OF A New AC,88kmi.83500 call Re-Screening locted at 1458 Notice TO Creditors SUBMITTED A PROPOSAL OR Tae meeting is open to the STORMWATER MANAGEMENT (239)784-6602 San Marcos Blvd.B,in the LETTER OF INTEREST FOR THIS public and will be conducted SYSTEM TO GOVERNMENT County of Coiner,in Naples. IN THE CIRCUIT COURT FOR PROJECT.ANY UNAUTHORIZED in accordance wth provisions PROPERTY; DIRECTING CEMIMIElp COLLIER COUNTY.FLORIDA COMMUNICATION tl P THE PREPARATION OF THE Florida 34104, intends to PROBATE DIVISION MAY BE GROUNDS FOR sfelal districts.Aco eof the register the said name with P cl 4Y ROLLS; SETTING UTILITY FEE the Division of Corporations DISOUAUFICATION• agenda for this meeting may ROLLS; ETTING A PUBLIC AA.TOP DOLLAR PAID!for of the Florida Department of FILE NO.:I1-2018-CP-000494 be obtained from the District's HEARING FOR THE ADOPTION Sports Cars.((2239 1-3 Rde M State Tallahassee, Florida. IN RE ESTATE OF ofeaseesu tmit sealed Weatder website or by contacting the OF A STORMWATER UTILITY Dated t Naples. Florida, of Ives address Property District Manager toll free at FEE AND DIRECTING THE ABSOLUTELY ALL AUTOS- March 21.1018. rop y to the 1-877-737-4922. This meetingPROVISION OF NOTICE IN Konn!e's Re-Screening JAMES PINSON, above ddresz or before may De continued to a date. FREE PI UPI or Alive Top$ 9 Deceased. 2:N PM., Friday, TRE PICK UPI 239-265.6/18 March 23,2018 No.1964639 y,AVM,20, lace and time certain,to be PROVIDINGFOR THEREWITH: 2018. No late qualifications announced at the meeting. AND PROVIDING R EFFECTIVE CORVETTES WANTED Notice Of Foreclosure NOTICE TO CREDITORS can or will be accepted. There may be occasions when DATE. 7941-809-3660 a ori 941923.3421 IN THE CIRCUIT COURT OF participatel one or telephones will The administration The City reserves the right Copies of the proposed THE TWENTIETH JUDICIAL ft Lesed,te of JAMES PIt I to formally amend or Ordinance and ResoNrtroa STEARNS MOTORS CIRCUIT,IN AND FOR COLLIER deceased, hose date of •clarity the •requirements Aerson requiring are on file with the Clerk to MOST TRUSTED COUNTY,FLORIDA. death was February 13,2018, and qualifications where it special accommodations the Bard and are available BUYER Since 1977. and hose Soca Security deems necessary. Any such at this ting because for inspection. All interested All Vehicles wanted CASE No.0909782CA pendingin is xzx-xx-6635, is addendum/clarification shall of a disability or physical parties are muted to attend for dCollier[he Count Circuit lo Ida (wwoscetyofbon tasthe pringssite the District Mai ager toll free Rod or Jim(239)774-7360 y w and be heard. BAC HOME LOANS SERVICING, Probate Division the address dry)prior to thedeadline for at 1-877-737-4922 at least WE BUY CARS,TRUCKS,SUVS, L.P. F/K/A COUNTRYWIDof which is 4715 Golden Gate submission of quaI f b I ions. forty-eight hours poor to the NOTE: All persons wishing Etc.Anything from$1 000 HOME LOANS SERVICING,L.P., Parkway,Naples,FL 34116.The It is the sole responsibility of meeting. If you are hearing to sDak on any agendo item thru $100,000 Please call PLAINTIFF, mos and addresses of the the Respondent to check the or must register with the County Sam(239)595-4021 VS personal representative and website for any addenda. contact t1-8 Florida 70,Relayfor Man ager •poor to •Presentation the Personal representative's Service at actio 9thy Distort of the agenda.Item to be VINCENT LAGRASTA.ET AL. attorney are set forth below. The Cty reserves the 'ght aid in contacting the DisMct atldressetl.lndi elect speakers DEFOF F to reiec any and all Letters Office. will be lim.ta to 3 minutes on All creditors of the of Interest,to waive defects any tem.The selection of any Jdecedent and other persons in the form of anyresponses person who Individual to speak on behalf NOTICE OF FORECLOSURE P Each pf an organization or grow s SALE having )aims or demands received, re-advertise for decides to appeal any action em aV y • whoimsa copy of this notice is t's estate on leamualialso ed firm/consultant Itthe taken at these meetings Is the Charman Ifa spokespersonc �I7. NOTICE IS HEREBY required to be served must qualified firm/consultant that adrerotd of personhwill need fora group or organization GIVEN pursuant to the Final qt Proceedings may be allotted 10 minutes to COME 10tH RED ROBIN lud mens of Foreclosure file their claims with this best meets the requirements and that accordingly. the g court WITHIN THE LATER OF of the Cit speak on an tem. in our EASTER EGG HUNT dated March 12,2018.in the y person meg need to urn 10750 Tamiami TM North above action,I will sell to 3 MONTHS RE FlRST7PUBLICATION R THE TIME March 3,2018 No.1963304 that a verbatimofproceedings record of Persons wishing to have March 24th,a-9AM-LOAM the highest bidder for cash OF OF THIS NOTICE OR 30 DAYS NOTICE OF BOARD MEETING the record of is written or graphic materials 9-4:luam 3yrs&younger t Collier County,Florida.on AFTER THE DATE OF SERVICE OF THE WINDING CYPRESS made,including the testimony included in the Bard agenda 9:15-925a 4 yrs-7yrs April 12,2018,at 11:00 AM,at COMMUNITY DEVELOPMENT and evidence upon which such OFACOPY OF THIS NOTICE ON appeal is to be based. packets must submit said 9:30-9:40a 8yr4-12 Lobby 3rd Floor Courthouse DISTRICT material a minimum of 3 9:45-9 9)2 12&older Annex of Collier Count THEM. Meetings may be weeks prior to the respective (239)263-6114 Courthouse 3315 E.Tamiami All ter creditors The Board 0f 9 public hearing. In any case, Trail,Naples,FL 34112 for the of the decedent and other Supervisorsof the Winding cancelled from Nme to time written mtera1 Intendedto following described property: persons having )aims or Cypress Community withont advertised notice. be considered by the "'° demands against decedent's Development District will hold Todd Wodraska Board shall be submitted ST.JUDE,THANK YOU / LOT UNIT BLOCKOACCORDING estate must Nle their claims 2088 and Meetingat on the Club 3 District Manager staffto b a appropriateiiuiaofcsevee FOR ANSWERING ALL MY TO THE PLAT THEREOF.AS with this court WITHIN 3 House at Winding Cypress days prior to the MONTHS AFTER THE DATE OF at 7160 Winding AVE MARIA STEWARDSHIP hearing. All materialsusedPRAYERS. JEAN NE B. RECORDED IN PLAT BOOK 1, THE FIRST PUBLICATION OF located COMMUNITY DISTRICT THIS NOTICE. CyF ss Drive,Naples,Flori a in resentations before 34114. the Board will become a ALL CLAIMS NOT www. permanent part of the record. FILED WITHIN THE TIME The Board Meeting mh 23.2ewardshipctl.orBg PERIODS SET FORTH IN is open Lothe public and will be March 3.2018 No.1959788 Any person who decides to Wheels/Recreation SECTION 733.702 OF THE conducted in accordance with NUfe Otr INTENT TO any decision of the FLORIDA PROBATE CODE WILL the provisions of FloriUBLIC da law NOTICE OF TENT TO Bwill need a record of BE FOREVER BARRED. for community development CONSIDER AN ORDINANCE the proceedings pertaining districts. The Bard Meeting AND RESOLUTION thereto and therefore, may NOTWITHSTANDING may be continued in progress need to ensure that¢verbatim THE TIME PERIODS SET FORTH without additional notice to Notice is hereby given that record of the proceedings is ABOVE,ANY CLAIM FILE TWO a time, date,and location on Tuesday,A NI 10,2018, de,which record includes (2)YEARS OR MORE AFTER sited on the record. A copy the Board of County the testimony and evidence THE DECEDENT'S DATE OF of the agenda for the Board Commissioner's Meeting Non which the appeal is DEATH IS BARRED. Meeting may De obtained from Room. Third Floor, Collier based. the District s webs er or from Government Center. 3299 The date of first the District Manager,Special Tamiami Trail East,Naples,FL. If you are a person with a Publication of this notice is District Services,located at the Board of Comity disability who needs any March 16,2018. 2501A Burns Road,Palm Beach Commissioners (BCC), will accommodation in order to Gardens,Florida 33410. There consider the enactment participate in this proceeding, Attorney for Personal may be occasions when one of a County Ordinance and you are entitled,at no cat to Representative: or more Supervisors will Resolution. The meeting you,to the provision of certain Ronald G.Baker,Attorney participate by telephone. will commence at 9:N A assistance. Please contact Florida Bar N.217174 The titles of the proposed posed the Collier County Facilities 1176 E 5th Ave. Pursuant to Ordinance and Resolution are Management Division,located Mount Dora,FL 32757 p'ovisloes of the Americans as follows: at 3335 Tamiami Trail East, Telephone(305)799-1887with Disabilities Act, any Suite#101,Naples,FL 34112- person requiring special AN ORDINANCE OF THE BOARD 5356,(239)252-8380,at least Thekeytosellingyour James Keit h accommodations to OF COUNTY COMMISSIONERS two days prior tothemeeting. lames KethP s Participate In this Board OF COLLIER COUNTY, Assisted listening devices March Personal Representative: No 1954323 car j'�] ;N r, t#rRC Notices • >#iCNOkttS:e9 PUDilC.NOtiCeS IJI.Vl starts �l NOTICE CITY OF BONITA SPRINGS Public HearinTY OF g,Collier County BaLIER PUBLIC ldGof County Commissioners REQUEST FOR LETTERS OF Date:March 27.2018 INTEREST FOR WONDER Time:9:00 a.m.or soon thereafter GARDENS CAFE PROPERTY Location:Collier County Government Center,County Commissioner's Boardroom,3rd Floor, DUE:2:80 P.M.,APRIL 20,2D18 3299 Tamiami Trail East.Naples,Florida. Notice is hereby given that the Board of County Commissioners of Collier County,Florida Reach local buyers in the The City of Bonita Springs Proposes to adopt the following budget amendments for FY 2018: is seeking letters of interest a^smy. M (Loi from Individuals and/ FUND FUND SOURCE USE FUND TOTAL L�+ Localfieds.Easy scanninghe or firms that seek to rent 301-County Wide Transfer To provide funds needed to $36,061,521.24 (triple net)Cit space ina Capital Projects complete integration of the listing 41 building locatedatrings Old Public Services Dept Into the folks find your faster. 41 Rad,Bonita Springs,FL GIS Centric Asset Mgmt 34135•otherwise known more System City works. Get your ad in front of real buyers. recently as the Twisted Tangle Cafe".The building is 322-Pelican Bay Capital Transfer Interfund transfer/loan setup $2.806,949.85 situated directly in front of to provide cash to fund 322 Sellers,start your engines! the historic Wonder Gardens for Hurricane Irma cleanup/ and is approximately repairs. 2,300 square feet under air with an additional area of 493-EMS Grant Carryforward To recognize&apropriate 8262.975.23 aPProximately 800 square accrued grant interest from Place your ad online at naplesnews.com twat screenedeet aner are supplied Grant to 9/30/17 EMS County in the building at the renters 'r �aD8.3Nue expense. Bathrooms re This notice is published in accordance with Florida Statutes 129.06;accordingly,the publication located In the building for of such must be accomplished at least 2 days,but not more than S days,before the date of the iocalf keds tenant's use and additional hearing. bathrooms s are available for public use. Equipment and BOARD OF COUNTY COMMISSIONERS diapped accessibility will COLLIER COUNTY,FLORIDA need to be addressed by the ANDY SOLIS,CHAIRMAN Reachal.,.locals! new tenant. il,CQt3l[,LIC ltll"(IL7 DWIGHT E.BROCK,CLERK Interest,Responndentst should By:Martha(EALyara,Deputy Clerk go to the City's website to March 23,2018) No.1962093 NAPLESNEWS.COM I FRIDAY,MARCH 23,2018 I 41D 9 A Request for aids Requestfor Bids. NOTICE OF PUBLIC HEARING TO CONSIDER IMPOSITION OF SPECIAL for the hearing impaired Gate Blvd North, Naples the solicitation from pour ASSESSMENTS PURSI A\T'TO SECTION 170.07,FLORIDA STATUTES, County Care able in omerissiohnerr Otficerd f Florida. All Respondents procurement;wi13)sbymd-11 n9 BY THE QUARRY COMMUNITY DEVELOPMENT DISTRICT who with to respond to this the BID HOTLINE849 472 5290 BOARD OF COUNTY Solicitation must be present fortiori 1.The public Is Invited NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF.ASSESSMENT COMMISSIONERS OF COLLIER and on time at the Conference to attend the bid opening. ROLL PURSUANT TO 197.363 4 COUNTY,FLORIDA, and Site Visit.Bids will not be SECTION2(xir).FLORIDA STATUTES. - ANDY SOLIS.CHAIRMAN accepted from Respondents Further information on the BY THE QUARRY COMMI tiTfY DEVELOPMENT DISTRICT who either did not attend the status of this solicitation Conference and Site Visit or d on DWIGHT E.BROOK.CLERK can be obtained our NOTICE OF REGULAR MEETING OF THE By: Martha Ver9ara who are late. an fifteen(15) website - www,sfwmd.gov/late. QUARRY CO:V)b1UN[TY DEVELOPMENT 1T DISTRICT Deputy Clerk(SEAL) proeareeem March 23,2018 No.1962413 THE DISTRICT WILL NOT March 23,20)8 No.1949706 The Quarry Community Development District Board of Supervisors("Board")wdl hold NOTICE OF PUBLIC HEARING ADMIT ANY RESPONDENTS t public hearings on Vtouday.April 9.2016,at 111;10 A.M.,at 11w Quarry Beath Club. NOTICE OF INTENT TO AFTER 10:15 A.M. There's no place /1975 Kayak Drive,Naples,Florida 34120,to consider the adoption of an m mens CONSIDER AN ORDINANCE P d 'se+� Work site visits will like_ roll,the imposition of special assessments to secure proposed bonds on benefited lands Notice is hereby given that immediately follow the lilt within the Quarry Community y Develo a public hearing will be held Conference and may Include pms 1t District seDist rice"1 relating to Pond Bank by the Cop Collier Comity Board travel through rough Reconstruction,a depiction of which lands to be assessed is shown below,and to provide of County Commissioners on terrain and remoteand Real Estate for the levy,collection and enforcement of the special assessments.The areas Io be improved AFrIl 10,2018,In the Board heavyegetative areas. of County Commissioners Transportation to e are depicted in the District's Engineer's Report,dated March 5,2018(the"Improvement Meeting Room,Third Floor, ConferenceandSRe Visit shall Plan"). • Collier Government r t Center, be the responsibility it the 3299 Tamiami Trail East, Respondent. The proposed schedule of assessments for the benefit tingrin properties is as follows.- Naples FL., the Board of County Commissioners(BCC) All bids must conform to TABLE I will consider the enactment the instructions In the RFB of a County Ordinance, The Interested Respondents _ Interest Rale 3.IK",'�and Bund Size of$2.G10,0f10* meeting will commence at D/110 may obtain a copy of the _. A.M-The title of the proposed complete RFB(1)at the above �.004�,1�1@d6 <ategu} (toil lofts/ i Max.gag YIaYLOW Road Debt Ordinance is as follows: address:(2)by downloading i Net/Avon Animal Debt_ .Annual Debt Allocation. AN ORDINANCE OF THE At,csxmnel ,peer trot Per I.11 BOARD OF COUNTY COMMISSIONERS OF RESOLUTION 2018-03 tr.91!A.t Rel II)p'° COLLIER COUNTY, Luxury Coach 64 5l xSI1,2.00 511,8'45 FLORIDA, AMENDING A RESOLUTION OF THE BOARD OF SUPERVISORS OF '� ORDINANCE NUMBER THE QUARRY COMMUNITY DEVELOPMENT DISTRICT I,a.b 04-20, AS AMENDED, DECLARING SPECIAL ASSESSMENTS;INDICATING THE THE CALUSA ISLAND LOCATION,NATURE AND ESTIMATED COST OF THOSE SF55 • 13? $19¢ S26,952 52,)I0 VILLAGE PLANNED UNIT INFRASTRUCTURE IMPROVEMENTS WHOSE COST IS TO DEVELOPMENT(PUD),TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS;PROVIDING `l'67 Sao-". x ALLOW UP TO TWO SINGLE THE ESTIMATED COST OF THE IMPROVEMENTS TO BE Sl,,,,, FAMILY DWELLING UNITS DEFRAYED BY THE SPECIAL ASSESSMENTS;PROVIDING 5775 271 53?7 588,617 53,517 AS AN ALTERNATIVE TO THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS 1,�II COMMERCIAL AND MULTI- SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL FAMILY DEVELOPMENT ASSESSMENTS SHALL BE PAID;DESIGNATING LANDS IN THE COMMERCIAL/ UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE Gulf('nuns 145 acres MIXED USE AREA OF THE LEVIED;PROVIDING FOR AN ASSESSMENT PLAT;ADOPTING PUD; AND PROVIDING A PRELIMINARY ASSESSMENT ROLL;PROVIDING FOR (tub lfuuu r,t A S I - �t FOR AN EFFECTIVE DATE, PUBLICATION OF THIS RESOLUTION- FOR PROPERTY LOCATED Routh Club 1.0 CANSyF S4,cs' Wes 549228 ON THE SOUTH SIDE OF WHEREAS,the Board of Supervisors(the"Board")of (ow S232,523 GOODLAND DRIVE (C.R. the Quarry Community Development District(the"District") - • 892), APMILE SOUTHPROXIMATELY hereby determines to undertake, install, plan, establish, plea+.mol 061(NX)Bond sit s a maximum amount and in the event the OFE SANLFMARCO ROAD construct or reconstruct,enlarge or extend,equip,acquire, `- (C.R.92),IN SECTION 18, operate,and/or maintain the infrastructure Improvements total cost of the_0l8 Project is less than 52,500,000,the annual assessments will be TOWNSHIP 52 SOUTH, (the Improvements")described the District's Engineer's adjusted down accordingly. RANGE 27 EAST,COLDER Report,dated March 5,2018,attached hereto as Exhibit A and COUNTY,FLORIDA.RUDA- incorporated herein by reference;and "These amounts have been grossed up to include a 4%discount for early payment of PC201600000871. WHEREAS,it is in the best interest of the District assessments and a 3.55ft administrative and collection reimbursement and compensation the proposetl to pay the cost of the Improvements by special assessments to the County Tax Collector and Property Appraiser. A copy of Ordinance is t file with the pursuant to Chapter 190,Florida Statutes(the"Assessments"): d Clerk to the Board and is The public hearing is being conducted pursuant to Chapters 170,190 and 197.Florida available for inspection. All WHEREAS,the District is empowered by Chapter 190. Statutes. A description of the I Ie be assessed and the amount to be assessed ro interested parties are invited the Uniform Community Development District Act,Chapter P property to attend and be heard. 170,Supplemental and Alternative Method of Making Local each piece or parcel cf property may be ascent aimed at the office of the District's Records OTE: All persons Municipal Improvements,and Chapter 197.the Uniform Method Office located al 27499 Riverview Center Blvd.,0253,Bonita Springs,Florida 34134,(56)1 NOTE: speak on any wishingng for the Levy,Collection and Enforcement of Non-Ad Valorem 630-4922. Rem must register with the Assessments,Florida Statutes,to finance,fund,plan,establish, acquire.construct or reconstruct,enlarge or extend,equip The District is a unit of special-purpose local government responsible for providing County manager prior to operate,and maintain the Improvements and to impose.levy spez purpo soy cep oe b spresentation off thea endo infrastructure improvements for lands within the District.The infrastructure improvements tem to be addressed. and collect the Assessments:and P Individual speakers will be Reconstruction (-Improvements")1 are soled y the dad io include,but not c limited to.Pond Bank limited to minutes on WHEREAS, the District hereby determines that Recenxlruction necessilaleJ bythe Jamxez Hurricane Irma caused to the District-s item. The selection of anY benefits well accrue to t the property improved,the amount of y those benefits,ash that special easinse II he n he sle and aterva improvements,bleduring nall n more s hours described in the ed a Improvement Plan,on individual organization no speak g behalf o the sesamereceived lset forth ort in the file and available{urine normal business hours at the address provided above. of encouraged. raged.z Ittre or n oarp is in March Preliminary,2 ,Special ed hereto as Exhibit Methodology gy incorporated dated the Chairman, II spokesperson March 2 ncehan on ole t 8 and n wpCenter Tt forth the Di tcimposelmin ry Assessment edM thodolds loys lepert he in"Assessment the a group r organization here.,by reference and n file at 27499 Riverview Center set 1'orrh in the Districts Preliminary A.sscssmenl Methodolo v Report(the"Assessment fora group or organization Bivd.#253,Bonita Springs.Florida 34134(the"District Records h" P may be allotted 10 minutes to office.); Repos"),which is on file and available during normal business hour at the District Records speak on an item. Office.The Assessment Report identities each lax parcel identification number within the WHEREAS,the District hereby determines that the District and assessmentsperparcel for each land use category that is currently expected to Persons weraphi to have Assessments to be levied well not exceed the benefit to the p written or graphic materials be assessed.The method of allocating assessments for the Improvements to be funded b' included In theBoard agenda Property improved. } the District will be determined by the volume of run from each propertybenefited,as packets must submit said NOW,THEREFORE,BE IT RESOLVED BY THE BOARD aterial a minimum of 3 OF SUPERVISORS OF THE QUARRY COMMUNITY set forth in marc detail in the Assessment R'port..Also,o,as described in more detail in the weeksrior to the respective DEVELOPMENT DISTRICT: Assessment Report,the District's assessments will be levied'against all benefitting property public Rearing. In any case, within the District. Please consult the Assessment Report for more details. (ten materials Intended I.Assessments shall be levied to defray a portion of Po to be considered by the the cost of the Improvements. The annual l t Board shall De submitted principal assessment levied against each parcel will be based on repayment over to the appropriate County 2.The nature and general location of,and plans and a maximum of fifteen(151 years for the total debt allocated to each parcel. The District staff a mnnumum of seven specifications for,the Improvements are described in Exhibit A. expects to collect sufficient revenues to retire no more than S2,500,000 in debt to be assessed days prior to the public which is on fele at the District Records Office-Exhibit B is also b the District,exclusive of fees and costs of collection or enf rcement.discounts for earl hearing. All materials used on file and available for public inspection at the same location. y y presentations before payment and interes et. the Board well become a 3,The total estimated cost of the Improvements is permanent part of the record. The assessments maybe prepaid in whole at any lime,or maybe paid in not mom than fifteen f2.1fi0,145(the"Estimated Cost"). (I S)annual installments issubsequent l the issuance f deer C finance the by the Tax Any al any who decides he 4. The Assessments well defray approximately These annual assessments will be collected on the Collier County tax roll b'the Tax appeal y decision of the I y $2.500,000,which includes the Estimated Cost,plus hnancin9- Board will need a record of related costs and a debt service reserve. Collector. Alternatively and subject Io bondholder consent,the District may choose to the proceedings pertaining directly collect and enforce these assessments.All affected property owners have the right to thereto and thereore, may 5.The manner in which the Assessments shall1hearing andgj need to ensure that verbatim be apportioned and paid-s set forth in Exhibit B.including twenty 0 the public the right to file written objections with Hte District within record of the proceedings is provisions for supplemental assessment resolutions. twenty('-DI days of the publication of this nolix. made,which record includes the testimony and evidence 6.The Assessments shall be leveed,within the District, Also on Monday,April 9,2018,of 10:00 A.M.,at The Quarry Beach Club,8975 Kayak Dere, oPen which the appeal is on all lots and lands adjoining and contiguous or bounding and Naples.Florida 34120,the Board will hold a regular public meeting to consider matters abutting upon the Improvements or improvements:specially benefitted thereby related to the construction of improv ents:to consider matters related to a bond issue If you area person with a and further designated by the assessment plat hereinafter ' yprovided for. and special assessments to finance improvements:to consider the services and facilities to be disability whoo needs any provided by the District and the financing plan for same:and to consider any other business accommodation to order to 7.There is on file,at the District Records Office,an participate in this proceeding, assessment plat showing the area to be assessed,with certain That may Micbe considered by the District.The Board meeting and hearings are open you are eMRled,io non cost to plans and specifications describing the improvements and the to the public and will be conducted in accordance with the provisions of Florida law for assistance.oQ the rn Please 1conta t stimated cost of the Improvements,all of which shall be open community development districts. The Board meeting and/or the public hearings may be the Collier County Facilities to Inspection by the public. continued in progress to a dale and time certain announced at the meeting and/or hearings. Management Division,located 8.Commencing with the year in which the Assessments at 3335 Tamp le s Trail East, are leveed and confirmed,the Assessments shall be paid in not If anyone chooses to hearings, any decision of the Board with respect to any matter considered Suite 101,Naples,FL 34112- more than(30)thirty annual installments, The Assessments at the meeting or hearings,such person will need a record of the proceedings and should 5356,(23))r 25-380,the at least may be payable at the same time and in the same manner as are accordingly ensure that a verbatim record of the proceedings is made,which includes the two days0• ad-valorem taxes and collected pursuant to Chapter 197,Florida Assisted listening devices totutes:provided,however,that in the event the uniform non testimony and evidence upon which such appeal is to be based. for the hearing impaired ad-valorem assessment method of collecting the Assessments are available In the Board of 's not available to the District in any year,or rf determined by Any person p yuerinp special accommodations at rhe meeting or hearings becaw'e of County Commissioners Office. the District to be in its best interest,the Assessments may be disability or physical impairment should contact the District Office at(561)630-4922 al BOARD OF COUNTY collected as is otherwise permitted by law. least 48 hours prior to the meeting.If you are hearing or speech impaired,please contact COMMISSIONERS preliminary.aTb District IstrI trMla nager has causednce ethe made a the Florida Relay Service at 1-800-955-8770 for aid in contacting the District office. COLLIER COUNTY,FLORIDA ANDY SOLIS,CHAIRMAN of assessment described in Exhibit B hereto,which shows 'f «screen DWIGHT E.BROOK,CLERK the lots and lands assessed,the amount of benefit to and the - cocuni pair.'� COD y assessment against each lot or cel of land and the number of By: Martha Ver9ara, annual installments into which fee assessment may be divided, II arty Clerk which assessment roll Is hereby adopted and approved as the LC)C.ATT�N k (SEAQ District's preliminary assessment roll. March 23,2018 No.1962983 .. 10.The Board shall adopt a subsequent resolution to fox I Request for Bids a time and place at which the owners of property to be assessed '- or any other person Interested therein may appear before = z.a VESTS FOR BID the Board and be heard as to the propriety and advisability Ail(RFB IN.60NOOB887 of the assessments or the making of the Improvements,the Side Slope Hand Mowing and cost thereof,the manner of payment therefore,or the amount f Trimming Services, thereof to be assessed against each property as Improved. Collier County,FL 11.The District Manager is hereby directed to cause _ The Procurement Bureau this Resolution to be published twice(once a week for two of the South Florida Water (2)consecutive weeks)in a newspaper of general circulation Management District, 0-1 within Collier Court and to provide such other notice as may be e.:e" ,. Building,3301 Gun Club Road, required by law or desired in the best Interests of the District. `" - 3340WesPalm Beach, Florsealed ida dsEl 33406,will receive sealed bids 12.This Resolution shall become effective upon its up to the 2:30 P.M.opening passage. time on April 9,2018 for Side `- "` Slope Hand Mowing and PASSED AND ADOPTED this 5th day of March.2018. Trimming Services within the Beg Cypress Basin Field QUARRY COMMUMTY DEVELOPMENT DISTRICT Quarry Community Development District Location Map Station service area. /S/ /S/ QUARRY COMMUNITY DEVELOPMENT DISTRICT A MANDATORY PRE-BID Secretary/Assistant Secretary Chairman,Board of CONFERENCE(CONFEQENC,tE,) Supervisors wow.qu rydd.org , A 517E VI51T will be lleltl on March 29,2018 at 10:00 A.M. Exhibit A:Engineer's Report,dated March 5,2018 PUBLISH:NAPLES DAILY NEWS 03/16!18&03/23/18 t the Big Cypress Basin Field Exhibit Bi Preliminary Special Assessment Methodology Report, Station Main Conference dated March 5,2018 March 16&23,2018 1'0.1953(1(11 Room,located at 3875 City March 16,23,2018 No.1952982 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 9 A THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAK 4/12/18 4. BCC Office Board of County (�Sb Commissioners Y X/ "k\\-z-\ 5. Minutes and Records Clerk of Court's Office ,,.ti',v°Q 411,21 rs 2:14 PRIMARY CONTACT INFORMATION � Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Gino Santabarbara,Impact Fees and Phone Number 252-2925 Contact/Department Program Management Division Agenda Date Item was 4/10/18 ir'r. Agenda Item Number 9-A Approved by the BCC Type of Document Stormwater Utilities Ordinance Number of Original One of each Attached Stormwater Management Resolution Documents Attached PO number or account n/a Oath-. 2.61 S-- ((D number if document is 1c0 - [ to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAK should be provided to the County Attorney Office at the time the item is input into MinuteTraq. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 4/10/18 and all changes made during the JAK fr N/A is not meeting have been incorporated in the attached document. The County Attorney's an option for Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the /JK is not BCC,all changes directed by the BCC have been made,and the document is ready for hean o tion for \,^ ` Chairman's signature. :"this ne. [04-COA-01081/1344830/1]1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05; Revised 11/30/12 9A MEMORANDUM Date: April 13, 2018 To: Gino Santabarbara, Principal Planner Impact Fees & Program Management Division From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2018-16: Stormwater Utilities Attached is a copy of the document as referenced above, (Agenda Item #9A) approved by the Board of County Commissioners on Tuesday, April 10, 2018. The Board's Minutes and Record's Department has kept an original as part of the Board's Official Record. If you have any questions, please feel free to call me at 252-8411. Thank you. Attachment 9A Teresa L. Cannon From: Teresa L. Cannon Sent: Thursday, April 12, 2018 3:47 PM To: countyordinances@dos.myflorida.com Subject: CLL Ordinance 2018-0016 Attachments: CLL20180410_Ordinance2018_0016.pdf SENT BY: COLLIER COUNTY CLERK OF CIRCUIT COURT MINUTES& RECORDS DEPARTMENT SENDER'S PHONE: 239-252-8411 COUNTY: COLLIER (CLL) ORDINANCE NUMBER: 2018-0016 Teresa Cannon, BMR Senior Clerk Minutes & Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com i 9A ORDINANCE 18- 1 6 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; AMENDING CHAPTER 134, ARTICLE VII OF THE COLLIER COUNTY LAWS AND ORDINANCES (STORMWATER UTILITIES) BY AMENDING SECTION 134-312 UPDATING THE DEFINITION FOR ASSESSMENT WITHIN THAT SECTION; AMENDING SECTION 134-316 TO UPDATE THE FINDINGS; AMENDING SECTION 134- 317 TO MODIFY THE AUTHORITY OF THE COUNTY TO MANAGE THE STORMWATER UTILITY; AMENDING SECTION 134-326 AS TO THE AUTHORITY OF THE BOARD TO ESTABLISH ASSESSMENTS AND UTILITY FEES; AMENDING SECTION 134-327 RELATING TO THE PROCESS OF GRANTING CREDITS; AMENDING SECTION 134-329 RELATING TO THE PROCESS FOR ADJUSTMENT OR CORRECTION OF UTILITY FEE AND ASSESSMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,pursuant to Article VIII, section 1(f),Florida Constitution, and Chapter 125, Florida Statutes,the County has all powers of self-government to the extent not inconsistent with general or special law and such power may be exercised by the enactment of legislation in the form of ordinances; and WHEREAS, Section 403.0893, Florida Statutes, specifically authorizes and encourages the County to provide Stormwater Management Services, create Stormwater programs and adopt Stormwater charges sufficient to plan, construct, operate and maintain the Stormwater management systems; and WHEREAS, in 1991, the County adopted Ordinance No. 91-27, which constituted the Collier County Stormwater Utility Ordinance. The Ordinance authorized the imposition of assessments and utility fees to fund the County's Stormwater Utility; and WHEREAS,provisions of that Ordinance need to be amended to provide the County with the greatest degree of flexibility to implement the requirements of Florida law. NOW THEREFORE, be it ordained by the Board of County Commissioners of Collier County,Florida,that: Underlined text is added; k-threugh text is deleted 9A SECTION ONE. RECITALS. The above Recitals are incorporated herein as if set forth in their entirety. SECTION TWO. Article VII. Stormwater Utility,Section 134-312.Definitions,of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 134-312. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Area of operation means that area designated in any resolution of the board of county commissioners as the area within which the system shall be operated and in which a utility fee is imposed. Assessment means a fee, charge or assessment per acreage fcc authorized by the terms of F.S. § 403.0893(3), as amended, or under any other provision of law and this article,to be assessed for funding such costs of operation and maintenance, debt service, improvements and extension and replacement attributable to a benefit area that the board may determine by resolution of the board of county commissioners as provided herein. Benefit area means any portion or portions of an area within or without an area of operation, designated by resolution of the board of county commissioners as provided herein as a benefit area for purposes of determining utility fees and/or assessments to be payable in such area. Bonds means revenue bonds, assessment bonds,notes, loans or any other debt obligations issued or incurred to finance the costs of construction. Costs of construction means costs reasonably incurred in connection with providing capital improvements to the system or any portion thereof, including but not limited to the costs of: (1) Acquisition of all property,real or personal,and all interests in connection therewith including all rights-of-way and easements therefor; (2) Physical construction, installation and testing, including the costs of labor, services, permitting, materials, supplies and utility services used in connection therewith; (3) Architectural, engineering, legal and other professional services; (4) Insurance premiums taken out and maintained during construction,to the extent not paid for by a contractor for construction and installation; (5) Any taxes or other charges which become due during construction; Underlined text is added; k-througth text is deleted Page 2 of 9 9A (6) Expenses incurred by the county or on its behalf with its approval in seeking to enforce any remedy against any contractor or sub-contractor in respect of any default under a contract relating to construction; (7) Principal of and interest on any bonds; and (8) Miscellaneous expenses incidental thereto. Debt service means,with respect to any particular fiscal year and any particular series of bonds, loans or notes, an amount equal to the sum of: (1) All interest payable on such bonds,loans or notes during such fiscal year; plus (2) Any principal installments of such bonds during such fiscal year. Director means the director of the stormwater utility as designated by the board of county commissioners. Extension and replacement means costs of extensions, additions and capital improvement to, or the renewal and replacement of capital assets of, or purchasing and installing new equipment for the system,or land acquisition for the system and any related costs thereto,or paying extraordinary maintenance and repair,including the costs of construction, or any other expenses which are not costs of operation and maintenance or debt service. Fee-in-lieu-of means a charge to a developer or individual resident to recover: (1) The costs of construction and debt service on a new stormwater management system which serves such developer or individual resident; or (2) The extension and replacement costs necessitated by development undertaken by such developer or individual resident. Fiscal year means a 12-month period commencing on October 1 of any year, or such other 12-month period adopted as the fiscal year of the utility. Operating budget means the annual utility operating budget adopted by the county for the succeeding fiscal year. Operations and maintenance means the current expenses, paid or accrued, of operation,maintenance and current repair of the system,as calculated in accordance with sound accounting practice,and includes,without limiting the generality of the foregoing, insurance premiums, administrative expenses, labor, executive compensation, the cost of materials, equipment and supplies used for current operations, and charges for the accumulation of appropriate reserves for current expenses not annually incurred, but which are such as may reasonably be expected to be incurred in accordance with sound accounting practice. Revenues means all rates, fees, assessments, taxes, rentals or other charges or other income received by the utility, in connection with the management and operation of the system,including amounts received from the investment or deposit Underlined text is added;dough text is deleted Page 3 of 9 9A of moneys in any fund or account and any amounts contributed by the county, all as calculated in accordance with sound accounting practice. Stormwater management system or system means the existing stormwater management of the county and all improvements thereto which by this article are constituted as the property and responsibility of the utility, to be operated as an enterprise fund to, among other things, conserve water, control discharges necessitated by rainfall events, incorporate methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over- drainage, environmental degradation and water pollution or otherwise affect the quality and quantity of discharge from such system. Stormwater utility or utility means the enterprise fund utility created by this article to operate, maintain and improve the system. Stormwater utility fee means a utility fee authorized by state law and this article which is established to pay operations and maintenance,extension and replacement and debt service. SECTION THREE. Article VII. Stormwater Utility, Section 134-316, Findings, purpose and declaration of benefit, of the Collier County Code of Laws and Ordinances is hereby amended as follows: Section 134-316. Findings,purpose and declaration of benefit. (a) The board of county commissioners does hereby make the following findings: (1) The professional engineering and management analysis submitted to and adopted by the board of county commissioners on August 27, 1990 properly defines the stormwater management needs of the county. This analysis was updated and approved by the Board of County Commissioners on February 13, 2018, and finalized in the report entitled "Collier County Stormwater Utility Program Phase II-Stormwater Utility Rate Study, dated March 12, 2018. problem, (2) The ability of the county to effectively conserve, manage, protect, control,use, and enhance the water resources of the county is dependent on the provision of adequate, equitable and stable funding for the stormwater management program. (3) The stormwater management system, including the components which provide for the collection of and disposal of stormwater and regulation of groundwater, is of benefit and provides services for the Underlined text is added;Neagh text is deleted Page 4 of 9 9A welfare of the county and its residents, including property not presently served by the physical elements thereof. (4) The formation of a stormwater utility,the establishment of a separate enterprise fund for accounting of the revenues, expenditures, assets, and earnings of the utility, and adoption of various rates, fees, charges, rentals, fines, and penalties are necessary to meet the needs identified in the professional engineering and management analysis. (5) The Board of County Commissioners will review specific financial and program milestones annually as part of the budget and Annual Update and Inventory Report/Capital Improvement Element. (b) It is the intent of the county that in addition to other available monies, stormwater utility fees and assessments shall fund the costs of operation and maintenance, extension and replacement and debt service of the stormwater management system. (c) It is therefore the purpose of this article to provide for the health, safety and welfare of the citizens of the county by providing for the conservation, management, protection, control, use and enhancement, maintenance and improvement of the stormwater systems in the unincorporated areas of the county. (d) It is hereby declared and determined by the board of county commissioners that the stormwater management services provided pursuant to this article and the establishment of a stormwater utility constitute a benefit to the properties within the area of operation equal to or in excess of the costs of providing such stormwater management services. SECTION FOUR. Article VII. Stormwater Utility, Section 134-317. Establishment of Utility, of the Collier County Code of Laws and Ordinances is hereby amended as follows: Section 134-317. Establishment of utility. The board of county commissioners hereby establishes a stormwater utility, which shall be responsible for the conservation,management,protection,control,use,and enhancement of water resources in the county and the management, operation, maintenance,and improvement of the public stormwater systems,and which utility shall operate as a section - . . - • ., - • • - -•. • - . • • ' . . .. - ' - .• • of the county. SECTION FIVE. Article VII. Stormwater Utility, Section 134-326, Assessment and Utility Fees, of the Collier County Code of Laws and Ordinances is hereby amended as follows: Section 134-326. Assessments and utility fees. Underlined text is added;Str-tiek-thceugh text is deleted Page 5 of 9 9A The board of county commissioners may, by resolution, establish a benefit area areas of operation and impose a-persreage assessments and utility fees on real property located in the benefit area areas of operation.Benefit areas within the areas of operation may be charged an assessment in addition to utility fees depending of the needs for that area. (1) Assessments. Assessments shall be established or modified by this article.or beard resolution as provided herein,which shall set forth: a. The benefit-area to which the assessment applies; and b. A•. :: "•: - .. . • . . _. . ., . — .•' ., . . . _ .. . ' - The services and improvements to be provided by the assessment; and c. The assessment rate. The board of county commissioners in its discretion may determine that assessments should vary by benefit area based on its review of the facts, including benefits received, burdens produced and services rendered. (2) Utility fees. Utility fees shall be established ' . '. •• .. •. ., - • . lam or modified by ::., : : . - resolution as provided herein- ..., - . . •. •- .. _ . ..• - • . ' •- - - which shall set forth: a. The area : : • • • - .. -. to which the utility fee applies; b. A'. .. - . . . 1.': • ., ., _ - .. . ., . . The services and improvements to be provided by the utility fees; and c. The utility fee rate, i f.,ppl cable. The board of county commissioners in its discretion may determine that utility fees should vary by benefit area based on its review of the facts including benefits received, burdens produced and services rendered. SECTION SIX. Article VII. Stormwater Utility, Section 134-327. Credits Against Utility Fees and Assessments, of the Collier County Code of Laws and Ordinances is hereby amended as follows: Section 134-327. Credits against utility fees and assessments. Property owners may receive credit against utility fees and assessments in amounts approved by the board of county commissioners for past or future expenditures determined by the director County Manager to benefit the system. Such determination shall be made in accordance with the guidelines set forth in Underlined text is added;Strvek-thfougt►text is deleted Page 6 of 9 9A resolutions establishing an area of operation,benefit area or setting utility fees and assessments. SECTION SEVEN. Article VII. Stormwater Utility, Section 134-329.Adjustment of Utility Fee and Assessments; corrections, of the Collier County Code of Laws and Ordinances is hereby amended as follows: Sec. 134-329. -Adjustment of utility fee and assessments; corrections. (a) Owner-initiated adjustments. Requests for adjustment of the utility fee or an assessment shall be submitted to the director, who shall have authority to adjust the utility fee or assessment pursuant to the procedures and standards as established herein. No credit shall be given for the installation of facilities required by county ordinances or applicable laws. The following procedures shall apply to all adjustment requests of the utility fee or an assessment: (1) Any owner who believes the utility fee or assessment is incorrect may, subject to the limitations set forth herein, submit an adjustment request to the director. (2) The adjustment request shall be in writing and set forth, in detail, the grounds upon which the correction is sought. (3) The adjustment request of a utility fee or assessment must be made within 30 days after the date of its first class mailing. The adjustment request will be reviewed by the director within three months from the date of filing of the adjustment request. Consideration by the director of the owner's request for adjustment shall not relieve the owner of the obligation to make timely payment of the utility fee or assessment. In the event an adjustment is granted by the director which decreases the utility fee or an assessment, the owner shall be entitled to credit for the excess utility fee or assessment paid. If the utility fee or assessment is placed on the real property tax bill,the credit shall be so noted on the respective owner's real property tax bill. (4) The owner requesting the adjustment may be required,at his own cost, to provide supplemental information to the director including, but not limited to, survey data approved by a professional land surveyor and engineering reports approved by a professional engineer. Failure to provide such information may result in the denial of the adjustment request. Underlined text is added;Struck-through text is deleted Page 7 of 9 9A (5) The granting or denial of an adjustment to a utility fee or an assessment will be furnished to the owner, in writing, by the director. If the utility fee or an assessment is placed on the real property tax bill, the document granting an adjustment to a utility fee or an assessment will also be sent to the tax collector. (b) Right of review by board. The owner has the right to appeal the decision of the director to the board of county commissioners, who may refer the issue to a Hearing Examiner for final decision. The appeal must be made within 30 days of receipt of such denial. The board shall furnish,in writing,its determination within 60 days of receipt of the request for review. It shall set forth the reasons for the decision based on the criteria contained in this section. (c) County-initiated adjustments. If the utility fee or an assessment is placed on the tax bill, any errors in the utility fee or an assessment or failure to charge a utility fee or an assessment may be corrected by the tax collector. If the utility fee or an assessment is not placed on the tax bill, any errors in the utility fee or an assessment or failure to charge a utility fee or assessment may be corrected by the director. Corrections which result in an increase in a utility fee or an assessment cannot be imposed until the owner has consented in writing to the increase or has been given at least ten days notice by certified mail and an opportunity to be heard by the board. Once the adjustment is finalized, the director shall send documentation reflecting the adjustment to the owner and, if the utility fee or assessment is placed on the tax bill,the documentation will also be sent to the tax collector. SECTION EIGHT. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or 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 NINE. INCLUSION IN THE CODE OF LAWS 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 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. Underlined text is added;Struck #eugh text is deleted Page 8 of 9 9A SECTION TEN. EFFECTIVE DATE. This Ordinance shall be considered adopted upon the date written below. PASSED AND ADOPTED in Regular Session this ko-k\c-, day of��.\ 2018. BOARD OF COUNTY COMMSSIONERS OF COLLI COUNTY, FL O ' DA ATTEST i h g 3'ock, Clerk A DY SOLIS, Chairman Attest-A to Chairman's signature only. 1 Approved as to o' = . ► • Fri Jeffrey A. Klatz1c�i 4 r tunty Attorney Ij ; ! This ordinance filed with the Secretary of State's Office the Ja:LVIay offs_, and acknowledgement ole-that filin. rec- ved this t day of inti b t 0-- Daouty Clerk Underlined text is added;Struck t�rouggh text is deleted Page 9 of 9 ok Ittt. 4f t� - . ' 9 A w •�wr-�~i ,» ,,„,„4 e tit FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State April 12, 2018 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Teresa Cannon Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 18-16, which was filed in this office on April 12, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must he received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#I through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAK 4/12/18 4. BCC Office Board of County c"-\S\c> Commissioners \r" / AV- \ 5. Minutes and Records Clerk of Court's Office ,yam V 3 41' il 2:1041 PRIMARY CONTACT INFORMATION ( ' Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Gino Santabarbara,Impact Fees and Phone Number 252-2925 Contact/Department Program Management Division Agenda Date Item was 4/10/18 f/ Agenda Item Number 9-A Approved by the BCC Type of Document Stormwater Utilities Ordinance Number of Original One of each Attached Stormwater Management Resolution Documents Attached PO number or account n/a Cad-. `Z.C,[S— (!D number if document ism 2Gl to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAK should be provided to the County Attorney Office at the time the item is input into MinuteTraq. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 4/10/18 and all changes made during the JAK V N/A is not meeting have been incorporated in the attached document. The County Attorney's an option for Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the -.I" K • • is not BCC,all changes directed by the BCC have been made,and the document is ready for he an o tion for Chairman's signature. this ne. [04-COA-01081/1344830/1]1:Forms!County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05; Revised 11/30/12 ' A Martha S. Vergara From: Martha S.Vergara Sent: Thursday, April 12, 2018 4:40 PM To: 'GinoSantabarbara@colliergov.net' Subject: Resolution 2018-71 (Stormwater Management Resolution) Agenda Item 9A on 4/10/18 of the BCC Meeting Attachments: Resolution 2018-071.pdf Hi Gino, Attached is the referenced reso for your records. As soon as I get the Ordinance back from the State I'll send a copy to you as well. Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com 1 9A RESOLUTION NO. 2018- 71 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO THE PROVISION OF THE STORMWATER MANAGEMENT SYSTEM AND IMPROVEMENTS; ESTIMATING THE COST OF THE STORMWATER MANAGEMENT SYSTEM; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE BENEFITED THEREBY; ESTABLISHING THE METHOD OF CALCULATING THE COST OF THE STORMWATER UTILITY FEE; ESTABLISHING THE METHOD OF COLLECTION OF THE STORMWATER UTILITY FEE; PROVIDING FOR THE CHARGING OF THE COST OF A STORMWATER MANAGEMENT SYSTEM TO GOVERNMENT PROPERTY; DIRECTING THE PREPARATION OF THE STORMWATER UTILITY FEE ROLLS; SETTING A PUBLIC HEARING FOR THE ADOPTION OF A STORMWATER UTILITY FEE AND DIRECTING THE PROVISION OF NOTICE IN CONNECTION THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS FOLLOWS: ARTICLE I DEFINITIONS AND CONSTRUCTION SECTION 1.01. PURPOSE AND DEFINITIONS. This resolution constitutes the Initial Stormwater Rate Resolution as authorized by the Ordinance. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires: "Agricultural Property" means a Tax Parcel containing a bona fide Farm Operation on land classified as agricultural pursuant to section 193.461, Florida Statutes. "Benefit Area" means any portion or portions of an area within or without an area of operation designated by resolution of the Board of County Commissioners as provided 1 9A herein as a Benefit Area for the purpose of determining utility fees. For the utility fees authorized herein, the Benefit Area consists of the unincorporated area of Collier County, Florida, as set forth on Appendix A. "Benefited Property" means all parcels of real property that receive a benefit from the Stormwater Management System. "Building" means any structure, whether temporary or permanent, built for support, shelter or enclosure of persons, chattel or property of any kind. This term shall include mobile homes or any vehicles serving in any way the function of a building. "Comprehensive Plan" means the most recent version of the comprehensive plan adopted by the Board pursuant to Chapter 163, Part II, Florida Statutes. "Condominium Complex" means a condominium community created by a declaration of condominium pursuant to Chapter 718, Florida Statutes. "Condominium Common Area Parcel" means a Tax Parcel of Benefited Property including one or more "common elements," as defined in section 718.103, Florida Statutes of a Condominium, the taxable value of which has been attributed to either Condominium Residential Unit Parcels or Condominium Non-Residential Unit Parcels by the Property Appraiser. "Condominium Residential Unit Parcel" means a Tax Parcel of Benefited Property constituting a Condominium "unit," as defined in section 718.103, Florida Statutes, which contains a Dwelling Unit and is assigned a DOR Code 04 in the DOR Codes. 2 9 "Condominium Non-Residential Unit Parcel" means a Tax Parcel of Benefited Property constituting a Condominium "unit," as defined in section 718.103, Florida Statutes, which does not contain a Dwelling Unit and is assigned a DOR Code ending in 04 in the DOR Codes. "DOR Code" means a property use code established in Rule 12D-8.008, Florida Administrative Code, as applied by the Property Appraiser. "Dwelling Unit" means a Building, or a portion thereof, available to be used for residential purposes, consisting of one or more rooms arranged, designed, used, or intended to be used as living quarters for one family only. "ERU" means the typical extent of impervious area for a Single-Family Parcel, which the County has computed is equal to 3,900 square feet. "Exempt Government Property" means property owned by the United States of America, the State of Florida, a county or a school board. "Farm Operation" is as defined in section 163.3162(2), Florida Statutes. "Fiscal Year" means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the Fiscal Year for the County. "General Parcel" means a Tax Parcel of Benefited Property that is not a Single- Family Parcel, a Condominium Common Area Parcel or a Condominium Residential Unit Parcel. "Government Leasehold" means a Building located on a Tax Parcel of Government Property that is leased to a private entity for proprietary use. "Impervious Area" means hard surfaced areas which either prevent or severely restrict the entry of water into the soil mantle and/or cause water to run off the surface in 3 9A greater quantities or at an increased rate of flow from that present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas and other surfaces which similarly affect the natural infiltration or runoff patterns which existed prior to development. "Mitigation Credit" means, for any Parcel of Benefited Property, a number between 0.0 and 100 percent representing a reduction in the Stormwater burden expected to be generated by such Parcel attributable to privately maintained Stormwater management facilities and other factors affecting the quantity or quality of Stormwater runoff. "Mitigation Credit Policy" means the Collier County Stormwater Utility Mitigation Credit Policy attached hereto as Appendix B. "Net ERU" means the standard unit used to express the Stormwater burden expected to be generated by each parcel of property, after taking into consideration any mitigation of the Stormwater burden that results from privately maintained Stormwater management facilities and other factors affecting the quantity, quality, or rate of Stormwater runoff. "Ordinance" means Article VII — Stormwater Utility Sections 134-311 to 134-330 of the Collier County Code of Laws and Ordinances. "Qualifying Mitigation Facility" means a permitted manmade facility or structure on the site of a Benefited Property which, by its design and function, retains or detains Stormwater on-site and thus generates less volume of Stormwater from the site or produces Stormwater runoff with less pollutants than would be the case in the absence of such facilities or structure. 4 9A "Single Family Parcel" means a Tax Parcel of Benefited Property assigned a DOR Code of 01 or 02 in the DOR Codes. "Stormwater" means any surface runoff and drainage of water from land surfaces. "Stormwater Improvement" means land, capital facilities and improvements acquired or provided to detain, retain, convey or treat Stormwater within the County. "Stormwater Management Services" means (A) management and administration of the County's Stormwater Management System, including administration, planning, and permitting requirements; (B) Stormwater program engineering; (C) Drainage Basin planning; (D) Stormwater Improvements to be acquired or constructed; (E) operating and maintaining the Stormwater Management System, including extraordinary maintenance; (F) billing and collection of Stormwater Utility Fees, including customer information and educational services and reserves for statutory discounts; and (G) legal, engineering and other consultant services. "Stormwater Management System" or "System" means the existing stormwater management of the county and all improvements thereto which by this article are constituted as the property and responsibility of the utility, to be operated as an enterprise fund to, among other things, conserve water, control discharges necessitated by rainfall events, incorporate methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over-drainage, environmental degradation and water pollution or otherwise affect the quality and quantity of discharge from such system. "Stormwater Roll" means the property roll relating to the funding of the Stormwater Management System approved by a Final Rate Resolution. 5 9A "Stormwater Service Cost" means the estimated amount for any Fiscal Year of all expenditures and reasonable reserves that are properly attributable to the Stormwater Management Services provided within the Benefit Area under generally accepted accounting principles, including, without limiting the generality of the foregoing, reimbursement to the County for any moneys advanced for the Stormwater Management Service, and interest on any interfund or intrafund loan for such purpose. "Stormwater Utility" means the enterprise fund established by the Ordinance to operate, maintain and improve the County's Stormwater Management System. "Stormwater Utility Fee" means a utility fee authorized by state law and the Ordinance which is established to pay operations and maintenance, improvements, extension and replacement and debt service. "Tax Parcel" means a parcel of property which the Property Appraiser has assigned a distinct ad valorem property tax identification number. SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this resolution; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this resolution. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined and declared that: (A) Pursuant to Article VIII, section 1(f), Florida Constitution, and Chapter 125, Florida Statutes, the County has all powers of self-government to the extent not inconsistent with general or special law and such power may be exercised by the 6 9A enactment of legislation in the form of ordinances. (B) Section 403.0893, Florida Statutes, specifically authorizes and encourages the County to provide Stormwater Management Services and create Stormwater programs and adopt Stormwater charges sufficient to plan, construct, operate and maintain the Stormwater Management System. (C) The Florida Legislature has mandated that local governments in the State of Florida, including the County, have the responsibility for developing mutually compatible stormwater management programs consistent with the rules and regulations of the Florida Department of Environmental Protection and the water management districts and the stormwater management programs established and maintained by other local governments. (D) In 1991, the County adopted Ordinance No. 91-27, which constituted the Collier County Stormwater Utility Ordinance. The Ordinance authorized the imposition of assessments and utility fees to fund the County's Stormwater Utility. (E) The County is responsible for the management and maintenance of the County's Stormwater Management System which has been developed for the purpose of collection, storage, treatment, and conveyance of Stormwater. The County has adopted its goals, objectives and policies found in the Stormwater Management Sub-Element of the Collier County Comprehensive Plan, which sets forth goals that make it necessary and essential to construct improvements and extensions to the existing Stormwater Management System so the collection, storage, treatment, and conveyance of Stormwater within the County adequately protects the health, safety, and welfare of the citizens. The Sub-Element of the Comprehensive Plan encourages the use of innovative funding mechanisms, including, but not limited to, special taxing or assessment districts. 7 7 A (F) Through the National Pollutant Discharge Elimination System Stormwater permitting program, the U. S. Environmental Protection Agency, as implemented by the Florida Department of Environmental Protection, has mandated the County to implement and fund a comprehensive Stormwater management program to reduce the contamination to surface waters of stormwater runoff and prohibit illicit discharges. (G) The Stormwater Utility Fees authorized herein are consistent with the authority granted in section 403.0893, Florida Statutes. That statutory provision is additional and supplemental authority to the constitutional and statutory power of self-government granted to the County. (H) The public health, safety, and welfare are adversely affected by poor water quality and flooding resulting from inadequate Stormwater management practices. All Benefited Property either uses the Stormwater management system or benefits from the provision and operation of the Stormwater Management System provided by the County. (I) The cost of operating and maintaining the Stormwater Management System and providing Stormwater Management Services in accordance with existing permits and the financing of existing and future repairs, replacements, improvements, and extensions thereof should, to the extent practicable, be allocated in relationship to the benefits enjoyed, services received, or burden caused therefrom. (J) Property owners within the County are eligible for flood insurance through the National Flood Insurance Program (NFIP), which enables these property owners to acquire federally backed flood insurance protection. To ensure that this coverage is available, the County is required to meet the minimum FEMA requirements for participation in the NFIP and failure to meet these requirements could result in flood insurance being either unavailable or prohibitively expensive to property owners within 8 9 the County. (K) The Stormwater Utility Fees to be imposed in accordance with this Resolution provide an equitable method of funding the Stormwater Management Services by fairly and reasonably allocating the cost to Benefited Property. (L) Upon the adoption of this Resolution, that certain report entitled "Collier County Stormwater Utility Study Program Phase II — Stormwater Utility Rate," dated as of March 12, 2018 (the "Stormwater Utility Rate Study"), is hereby adopted and incorporated herein by reference, including the assumptions, conclusions, and findings in such study as to the determination of the Stormwater Utility Fees. (M) The special benefits provided by the Stormwater Management Services to all Benefited Property include, but are not limited to: (1) the provision of Stormwater Management Services and the availability and use of facilities and improvements by the owners and occupants of Benefited Property to properly and safely detain, retain, convey and treat Stormwater discharged from such properties; (2) stabilization of or the increase of property values; (3) increased safety and better access to property; (4) compliance with Federal and State mandated permit requirements; (5) rendering property more adaptable to a current or reasonably foreseeable new and higher use; (6) alleviation of the burdens caused by Stormwater runoff and accumulation attendant with the use of Benefited Property; and (7) fostering the enhancement of environmentally responsible use and enjoyment of the natural resources within the Stormwater Service Area. 9 9A (N) The Stormwater Utility Fees authorized by this Resolution provide an equitable method of funding the Stormwater Service Cost attributed to Benefited Property by fairly and reasonably allocating the cost of Stormwater Management Services to such properties classified on the basis of the Stormwater burden expected to be generated by the physical characteristics and use of such property. (0) If rainfall were applied at a constant rate to an Impervious Area, the Stormwater runoff from such Impervious Area would eventually reach a rate equal to the rate of the rainfall. It is thus fair and reasonable to include 100% of the Impervious Area in determining such property's Stormwater contribution to the Stormwater Management Services. (P) In accordance with section 163.3162(3)(c), Florida Statutes, the County is prohibited from charging a Stormwater Utility Fee on certain Agricultural Property, if such Farm Operation has a National Pollution Discharge Elimination System Permit, an environmental resource permit, a works-of-the-district permit, or if it has implemented best management practices adopted as rules by the Florida Department of Environmental Protection, the Department of Agricultural and Consumer Services, or an appropriate water management district. Accordingly, any Owner of Agricultural Property demonstrating that they meet the outlined requirements shall be granted a Mitigation Credit from the Stormwater Utility Fee. (Q) Any shortfall in the expected proceeds from the Stormwater Utility Fees due to any reduction or exemption from payment thereof required by law or authorized by the Board shall be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds or funds derived from the Stormwater Utility Fee. In the event a court of competent jurisdiction determines any exemption or reduction by 10 9A the Board is improper or otherwise adversely affects the validity of the Stormwater Utility Fee, the sole and exclusive remedy shall be the imposition of a Stormwater Utility Fee, as applicable, upon each affected Tax Parcel in the amount that would have been otherwise imposed save for such reduction or exemption afforded to such Tax Parcel. ARTICLE II STORMWATER UTILITY FEE SECTION 2.01. AREA OF APPLICATION. (A) A Stormwater Utility Fee shall be imposed throughout the Benefit Area, which consists of the entire unincorporated area of Collier County as described in Appendix A. (B) The Stormwater Utility Fee shall provide Stormwater Management Services to all Benefited Property within the Benefit Area. All or any portion of the cost of Stormwater Management Services may be funded from the proceeds of the Stormwater Utility Fees. (C) The Stormwater Utility may also acquire and construct capital facilities to assist and facilitate the provision of Stormwater Management Services within the Benefit Area. SECTION 2.02. IMPOSITION AND COMPUTATION. (A) The estimated cost of Stormwater Management Services for the Fiscal Year beginning on October 1, 2018 is $21,500,000. (B) A Stormwater Utility Fee shall be imposed against all Benefited Property within the Benefit Area. The estimated cost of Stormwater Management Services attributable to Benefited Property shall be charged against all such Tax Parcels at a rate based upon the properties' demands for service from the Stormwater Utility and the 11 9A Stormwater burden created by such properties, measured by the number of Net ERUs attributable to each parcel of Benefited Property. (C) For the Fiscal Year beginning October 1, 2018, the Stormwater Utility Fee, as applicable, will be computed for each Tax Parcel located within the Benefit Area by multiplying the number of ERUs attributable thereto by the rate of$120 per ERU, less any Mitigation Credit for which the Benefited Property may be entitled to arrive at the Net ERU. However, the $120 rate shall be reduced, if necessary, to ensure that the Stormwater Utility Fees within the Benefit Area do not exceed the cost of the Stormwater Management Services. SECTION 2.03. STORMWATER ROLLS. (A) The Stormwater Roll consisting of the Stormwater Utility Fees attributed to the Benefited Properties shall be prepared as provided herein. (B) A copy of this Resolution and the preliminary Stormwater Rolls shall be maintained on file in the office of the Stormwater Management Section and open to public inspection. The foregoing shall not be construed to require that the Stormwater Rolls be in printed form if the amount of the Stormwater Utility Fee for each Tax Parcel can be determined by use of an available computer terminal. SECTION 2.04. METHOD OF COLLECTION. (A) The Stormwater Utility Fee shall be collected from all Benefited Property pursuant to the Uniform Assessment Collection Act as provided in Section 197.3632, Florida Statutes. For purposes of this Resolution, Stormwater Utility Fees against Government Leaseholds that are included on the Tax Bill will be collected pursuant to the Uniform Assessment Collection Act as provided in Section 197.3632, Florida Statutes. 12 9A (B) As a result of the status of the law relating to the ability of Stormwater Utility Fees to be collected from Exempt Government Property where there is no written agreement, the cost of Stormwater Management Services provided to Exempt Government Property shall be funded through agreements for services with such entities or by such alternative means, including but not limited to, interfund transfers from other legally available revenues of Collier County. Property which is owned by another governmental entity that is not included within the definition of Exempt Government Property under this Ordinance and which does not receive a tax bill, shall be responsible for the Stormwater Utility Fee for that entities property which shall be collected through a direct bill mailed to that entity, a utility bill or such other means available to the County. ARTICLE III DETERMINATION OF NET ERUs SECTION 3.01. CLASSIFICATION OF TAX PARCELS. Each Tax Parcel located within the Benefit Area shall be assigned to one of the following classifications: (A) Category I — Single Family Residential Parcel. (1) Tier 1 — Single Family Residential Parcel consisting of 400 to 2,900 square feet of Impervious Area. (2) Tier 2 —Single Family Residential Parcel consisting of 2,901 to 5,400 square feet of Impervious Area. (3) Tier 3 —Single Family Residential Parcel consisting of 5,401 to 9,300 square feet of Impervious Area. (B) Category II — General Parcels (Property consisting of Non-Single Family Residential, Multi-Family Residential, Commercial, Condominium Non-Residential Unit Parcel, Governmental, Institutional and Non-Profit). 13 T A (C) Category III — Exempt Property — Public roads and rights-of-way, private roads, vacant parcels, railroad tracks and parcels with less than 400 square feet of Impervious Area. SECTION 3.02. SINGLE FAMILY RESIDENTIAL PARCELS. (A) The Board hereby finds and determines as follows: (1) There are approximately 82,674 Single Family Residential Parcels located within the Benefit Area. (2) The information on the Property Appraiser's data base is the most comprehensive and recent data available for Single Family Residential Parcels within the Benefit Area. The cost of measuring or verifying the Impervious Area for each individual Single Family Residential Parcel greatly exceeds any benefit to be derived from individual measurement and verification. (3) Through a statistical analysis of all Single Family Residential Parcels within the Benefit Area, it has been determined that parcels with like characteristics of development, such as Single Family Residential Parcels, lend themselves to tiered fees. While other General Parcels tend to be best charged according to actual measured Impervious Areas. (4) The median Single Family Residential Parcel within the Benefit Area contains 3,900 square feet of Impervious Area. (B) The County has estimated 400 to 2,900 square feet of Impervious Area for a typical Small Single Family Residential Parcel within the Benefit Area. Accordingly, the number of Net ERUs attributable to each Tier 1 - Small Single Family Residential Parcel shall be computed by multiplying 0.6 ERUs by the appropriate Mitigation Credit Factor. 14 9A (C) The County has estimated 2,901 to 5,400 square feet of Impervious Area for a typical Medium Single Family Residential Parcel within the Benefit Area. Accordingly, the number of Net ERUs attributable to each Tier 2 - Medium Single Family Residential Parcel shall be computed by multiplying one (1) ERU by the appropriate Mitigation Credit Factor. (D) The County has estimated 5,401 to 9,300 square feet of Impervious Area for a typical Large Single Family Residential Parcel within the Benefit Area. Accordingly, the number of Net ERUs attributable to each Tier 3 - Large Single Family Residential Parcel shall be computed by multiplying 1.4 ERUs by the appropriate Mitigation Credit Factor. (E) The County has estimated that Single Family Residential Parcels consisting of greater than 9,301 square feet constitute Very Large Single Family Residential Parcels. The number of Net ERUs attributable to each Very Large Single Family Residential Parcel shall be computed as a General Parcel. SECTION 3.03. RESIDENTIAL CONDOMINIUM PARCELS. (A) The Board hereby finds and determines as follows: (1) A residential condominium constitutes a unique form of real property ownership comprised of Condominium Residential Unit Parcels, to which there may be an appurtenant undivided share in Condominium Common Area Parcels. (2) It is fair and reasonable and in accordance with section 718.120, Florida Statutes, to attribute the Impervious Area of Condominium Common Area Parcels to the Condominium Residential Unit Parcels to which such Condominium Common Area Parcels are appurtenant. 15 9A (B) The number of Net ERUs attributable to each Condominium Residential Unit Parcel in a Condominium Complex shall be the amount computed by multiplying: (1) the amount calculated by (a) dividing the Impervious Area of the Condominium Complex in which the Condominium Residential Unit Parcel is located, including any Condominium Common Area Parcels, by the ERU Value, and (b) dividing the result by the total number of Condominium Residential Unit Parcels located within such Condominium Complex, and by (2) applying the appropriate Mitigation Credit Factor. SECTION 3.04. NON-RESIDENTIAL CONDOMINIUM PARCELS. (A) The Board hereby finds and determines as follows: (1) A non-residential condominium constitutes a unique form of real property ownership comprised of Condominium Non-Residential Unit Parcels, to which there may be an appurtenant undivided share in Condominium Common Area Parcels. (2) It is fair and reasonable and in accordance with Section 718.120, Florida Statutes, to attribute the Impervious Area of Condominium Common Area Parcels to the Condominium Non-Residential Unit Parcels to which such Condominium Common Area Parcels are appurtenant. (B) The number of Net ERUs attributable to each Condominium Non- Residential Unit Parcel in a Condominium Complex shall be the amount calculated by (1) dividing the Effective Impervious Area of the Condominium Complex in which the Condominium Non-Residential Unit Parcel is located, including any Condominium Common Area Parcels, by the ERU Value, and then 16 9 A (2) multiplying the total number of ERUs assigned to the Condominium Complex by the percentage of Building square footage allocated to all Condominium Non-Residential Unit Parcels to arrive at the total ERUs for all Condominium Non-Residential Unit Parcels, and then (3) dividing the total ERUs for all Condominium Non-Residential Unit Parcels by the amount determined by (a) dividing the square footage of each Condominium Non-Residential Unit Parcel by (b) the total non-residential square footage in the Condominium Complex, and then (4) multiplying that figure by the appropriate Mitigation Credit Factor. SECTION 3.05. GENERAL PARCELS. The number of Net ERUs attributable to each General Parcel shall be determined by (1) dividing the Impervious Area of the General Parcel by the ERU Value, and (2) multiplying the result by the appropriate Mitigation Credit Factor. SECTION 3.06. APPROVAL OF MITIGATION POLICY. (A) The Board hereby finds that the Mitigation Credit Policy is fair and reasonable and, therefore, approves the Mitigation Credit Policy attached hereto as Appendix B. (B) The Board recognizes the benefits provided by privately maintained and permitted Qualified Mitigation Facilities. Properties supporting private Qualified Mitigation Facilities should be credited for the public benefits they provide. Accordingly, the number of ERUs otherwise attributable to such property shall be adjusted by a Mitigation Credit determined in accordance with the Mitigation Credit Policy. (C) Property which currently provides for the management of Stormwater through a Qualified Mitigation Facility which is permitted and maintained by a Homeowner 17 9A Association for the benefit of those properties will initially be provided a Mitigation Credit in the amount of 25% of its ERUs without the necessity of filing an application. That Mitigation Credit will be subject to review in future years following inspection and evaluation of the Qualified Mitigation Facility by the County and a determination that it is fully in compliance with the requirements of its permit. In the event, that a determination is made that the Qualified Mitigation Facility is not in compliance with its permit, then the Homeowner Association will be provided notice of the deficiencies. The properties that are served by such Qualified Mitigation Facility will be allowed to continue to receive a Mitigation Credit of 25% through September 30, 2022, without the necessity of filing an application. For the Fiscal Year beginning October 1, 2022, each Homeowner Association which seeks a Mitigation Credit shall file an application with the Stormwater Management Section in accordance with the schedule set forth below. No Mitigation Credit shall be granted for any Qualified Mitigation Facility until it is in compliance with its permit and all deficiencies have been corrected. (D) All other properties that seek a Mitigation Credit shall, prior to June 30, 2018 and thereafter, prior to the June 1 of each subsequent Fiscal Year for which reapplication is required, file a Mitigation Credit application with the County's Stormwater Management Section on a form approved by the Stormwater Management Section. The property owner may be required to provide the Stormwater Management Section with "as built" drawings of the Mitigation Facilities sealed by a Florida registered professional engineer, a certification from a Florida registered professional engineer as to the standards of retention and detention achieved by the facility, evidence of compliance with any exemptions mandated under state law, or such other reasonable requirements as may be necessary to effectuate the purposes of this Section. 18 A (E) The Stormwater Management Section, with the assistance of other members of the administrative staff of the County, shall, within thirty (30) days after the filing of such application, review the application and such other supporting data that may be filed therewith and make such further investigation as may be reasonably required in order to determine if the applicant is qualified for a Mitigation Credit pursuant to this Section. (F) The Stormwater Management Section shall furnish his or her written decision to such applicant by United States mail, postage prepaid, addressed to the applicant at the address stated on the application. (G) No Mitigation Credit shall be applied for service provided to property by a Qualified Mitigation Facility constructed or maintained with County funds. However, a Mitigation Credit shall be applied for services provided to property by a regional Qualifying Mitigation Facility if the developer of the property provided a capital contribution to the regional facility in lieu of constructing on-site facilities. (H) Upon approval, Mitigation Credits shall be valid and applicable in subsequent Fiscal Years. However, Mitigation Credits previously granted to a property may be revoked at any time by the County upon notice to the property owners. Upon notification by the County, property owners must reapply in accordance with paragraph (D) of this Section. ARTICLE IV NOTICE AND PUBLIC HEARING SECTION 4.01. PUBLIC HEARING. A public hearing will be conducted by the Commission on September 06, 2018, in the Board of County Commissioners Chambers, Third Floor, Collier County Government Center, 3299 Tamiami Trail E, Naples, Florida 19 9A 34112, at 5:01 p.m., or as soon thereafter as the item can be heard, to consider imposition of the Stormwater Utility Fees and their collection pursuant to the Uniform Assessment Collection Act. SECTION 4.02. NOTICE BY PUBLICATION. The Stormwater Management Section shall publish a notice of the public hearing authorized by Section 4.01 hereof in the manner set forth in section 197.3632, Florida Statutes. The published notice shall be published no later than August 17, 2018 in substantially the form attached hereto as Appendix C. SECTION 4.03. NOTICE BY MAIL. The Stormwater Management Section shall, at the time and in the manner specified by section 197.3632, Florida Statutes, provide first class mailed notice of the public hearing to each property owner proposed to be subject to the Stormwater Utility Fee at the address indicated on the Tax Roll. The mailed notice shall be mailed no later than August 17, 2018 in substantially the form attached hereto as Appendix D. As an alternative to the above notice, the mailed notice may be provided and included as part of the Truth in Millage (TRIM) Notice issued by the Property Appraiser. 20 ARTICLE V GENERAL PROVISIONS SECTION 5.01. ADJUSTMENT OF NET ERUs. (A) Petitions for review of the number of Net ERUs attributed to any Tax Parcel shall be submitted to the Stormwater Management Section which shall have authority to correct any errors made in applying the provisions hereof to the Tax Parcel. The following procedures shall apply to all petitions. (1) Each petition shall be made to the Stormwater Management Section by the owner of the Tax Parcel or such owner's authorized agent. (2) The petition shall be in writing and set forth, in detail, the grounds upon which adjustment is sought. (3) The petition must be filed with the Stormwater Management Section within 30 days of the notice required by Section 4.03 of this Resolution and shall be reviewed within 20 days of the filing date. Filing of a petition shall not extend the time for payment of any Stormwater Utility Fee, or effect the amount of any discount for early payment. If the number of Net ERUs is adjusted for any Tax Parcel, the Stormwater Utility Fee shall be corrected in accordance with Section 2.04 of the Ordinance. If the Stormwater Utility Fee has been paid prior to adjustment of the number of Net ERUs, either the Tax Collector shall refund the amount by which the Stormwater Utility Fee has been reduced, as adjusted for any early payment discount taken by the owner, or the County shall refund the amount by which the Stormwater Utility Fee has been reduced, as adjusted for any early payment discount authorized by the County. 21 9 A (4) The petitioner may be required, at petitioner's own cost, to provide supplemental information to the Stormwater Management Utility Director including, but not limited to, survey data approved by a professional land surveyor and/or engineering reports approved by a professional engineer. Failure to provide such information may result in the denial of the petition. (5) The Stormwater Management Section shall respond to each petition in writing. (B) The Stormwater Management Section may initiate adjustments to the number of Net ERUs attributed to any Tax Parcel. If the number of Net ERUs is reduced for any Tax Parcel, the Stormwater Utility Fee shall be corrected. In such event, if the Stormwater Utility Fee has been paid prior to adjustment of the number of Net ERUs, the Tax Collector shall refund the amount by which the Stormwater Utility Fee has been reduced, as adjusted for any early payment discount taken by the owner or the County shall refund the amount by which the Stormwater Utility Fee has been reduced, as adjusted for any early payment discount, as applicable. If the number of Net ERUs is increased for any Tax Parcel, the adjustment shall become effective for Stormwater Utility Fees in the subsequent Fiscal Year. SECTION 5.02. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. 22 9A PASSED AND DULY ADOPTED on this to 4\ day of s,TwL\ , 2018. BOARD OF CO TY COMMISSIONERS OF COLLIE' OU. , FLO' Pte- / Ar i SOLIS, Chairman ATTEST: DWIGHT E. BRO.CK 1\1(TA.-/-' ..4/1111" r ► Attest as to Chairman's ' R , signature only... APPROVED `iTir1 fi R ,f AND LEGALITY: I 11 By: JEFFREY A.\fr , T OW, COUNTY ATTORNEY 23 7A APPENDIX A LEGAL DESCRIPTION OF BENEFIT AREA 9A APPENDIX A Legal Description of Benefit Area Collier County.—The boundary lines of Collier County are as follows: Beginning where the north line to township forty-eight south extended westerly intersects the western boundary of the State of Florida in the waters of the Gulf of Mexico; thence easterly on said township line to the northwest corner of section four of township forty-eight south of range twenty-five east; thence south to the northwest corner of section nine of said township and range; thence east to the eastern boundary line of range twenty-six east; thence north on said range line to the northwest corner of township forty-seven south of range twenty-seven east; thence east on the north line of township forty-seven south to the east line of range twenty-seven east; thence north on said range line to the north line of township forty-six south; thence east on the north line of township forty-six south to the east line of range thirty east; thence south on said range line to the north line of township forty-nine south; thence east on the north line of said township forty-nine south to the east line of range thirty-four east and the west boundary of Broward County; thence south on said range line, concurrent with the west boundary of Broward and Miami-Dade Counties, to the point of intersection with the south line of township fifty-three south; thence west on the south line of said township fifty-three south to where that line extended intersects the western boundary of the State of Florida in the waters of the Gulf of Mexico; thence northwesterly and along the waters of said Gulf of Mexico, including the waters of said gulf within the jurisdiction of the State of Florida, to the point of beginning. LESS the municipal boundaries of all incorporated cities within Collier County, including but not limited to the City of Naples, the City of Marco Island and Everglades City. A-1 9 A APPENDIX B MITIGATION CREDIT POLICY A APPENDIX B MITIGATION CREDIT POLICY CREDIT AND ADJUSTMENT POLICY Stormwater Mitigation Credit Policy The County recognizes that some developed properties subject to the stormwater assessment have constructed and currently operate Qualified Mitigation Facilities that can reduce Stormwater runoff impacts from the subject property and thus reduce the burden on the County to maintain, operate and provide capital improvements to the Stormwater Management System. The policy addresses Mitigation Credits as they apply to parcels that have participated in the private development and maintenance of man-made Mitigation Facilities, thus reducing the amount of runoff to be collected, conveyed or treated by the County's stormwater management program. Mitigation Credit Application Parcels subject to a stormwater charge may be granted a Mitigation Credit based on one of the following factors: 1. All parcels served by a qualifying Stormwater Management System. 2. Any parcel that discharges directly outside the County's stormwater system. 3. Agricultural parcels the quality under section 163.3162(3)(a), Florida Statutes. Rationale Mitigation Credits may be granted to parcels whose offsite Stormwater impacts on the County system are non-existent, are mitigated by a properly functioning and permitted Stormwater System, or the parcel owner contributes to the maintenance of a private system which provides stormwater treatment and attenuation for runoff to public right-of-way. The basis for these credits is as follows: 1. Parcels which do not discharge stormwater impose no direct stormwater maintenance burdens on the County's system. This provides a savings to the County on the cost of maintaining the County owned and operated stormwater facilities. 2. Parcel owners which contribute to the maintenance of privately held stormwater management facilities that treat runoff to reduce the pollutant load to receiving waters reduce the financial burden on the operation and maintenance of the County's Stormwater Management System and are eligible for a partial Mitigation Credit. B-1 9 A 3. The County and the receiving waters receive benefits from privately-owned and properly maintained stormwater management facilities. 4. It is in the County's interest to encourage the proper operation and maintenance and continued existence of onsite stormwater management facilities. Mitigation Credits A property with functioning and permitted Qualified Mitigation Facilities may receive a stormwater management system user fee credit upon the following conditions: STORMWATER MITIGATION CREDITS Credit Type Eligibility Credit Amount Stormwater Control All parcels served by a qualifying permitted Up to 25% private stormwater management system Direct Discharge Any parcel that discharges directly outside the Up to 50% County's Stormwater Management System Agricultural Agricultural parcels that meet Florida Statutes 100% Section 163.3162(3)(2) The above Mitigation Credits are not cumulative. Requests for Mitigation Credits with supporting documentation must be submitted to Collier County to obtain the credit. Right of Entry In order to be eligible for a Mitigation Credit, the owner of the parcel must agree to allow the County to inspect the stormwater drainage facilities to ensure that they are maintained and functioning properly. B-2 9A APPENDIX C FORM OF NOTICE TO BE PUBLISHED 9A To Be Published by NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF STORMWATER UTILITY FEES FOR STORMWATER MANAGEMENT SERVICES The Board of County Commissioners of Collier County will conduct a public hearing to consider the imposition of Stormwater Utility Fees in the unincorporated area of the County. The hearing will be held at 5:01 p.m. or as soon thereafter as the item can be heard, on September 06, 2018 in the Board of County Commissioners Chambers, Third Floor, Collier County Government Center, 3299 Tamiami Trail E, Naples, Florida 34112. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the Collier County Facilities Management Department at (230) 252-8380 at least 48 hours prior to the date of the hearing. If hearing impaired, telephone the Florida Relay Service Numbers, 711, for assistance. All affected property owners have a right to appear at the hearing and to file written objections with the County within 20 days of this notice. Any person wishing to appeal any decision of the County Commission with respect to any matter considered will need a record of the proceedings and may wish to ensure that a verbatim record of the proceedings is made. The Stormwater Utility Fees will fund the County's cost to provide Stormwater Management Services within the unincorporated area. The Stormwater Utility Fees are based upon the estimated amount of stormwater runoff generated by impervious surfaces on the property. Impervious surfaces include the roof top, patios, driveways, parking lots, C-1 9A and similar areas. The County has determined that the median single-family residence in the unincorporated area includes 3,900 square feet of Impervious Area, which is defined as the "equivalent residential unit value" or"ERU Value." The annual Stormwater Utility Fee rate for the upcoming Fiscal Year will be $120 for each Net ERU. The maximum Stormwater Utility Fee rate that can, but is not required to, be imposed in future Fiscal Years without additional notice to Tax Parcel Owners is $120 per Net ERU. The number of ERUs was calculated for single family residential parcels based on the estimated amount of Impervious Area attributable to such parcels as computed using the building footprint attributable to the residence. Generally, for all other parcels the number of ERUs were calculated individually for each parcel of property by dividing the effective Impervious Area of such parcel by the ERU Value of 3,900 square feet. If a property owner applies and qualifies, credits for privately maintained Stormwater management facilities and other factors affecting the quantity or quality of Stormwater runoff will be applied, resulting in an assignment of Net ERUs. A more specific description is set forth in the Resolution adopted by the Board of County Commissioners on April 10, 2018. Copies of the Resolution and the preliminary Stormwater Utility Fee roll are available for inspection at the Collier County Stormwater Management Section office located at 2685 South Horseshoe Drive, Suite 103, Naples, Florida 34104. The Stormwater Utility Fee will be collected by the Tax Collector of Collier County, pursuant to Chapter 197, Florida Statutes, on the tax bill to be mailed in November 2018. Failure to pay the Stormwater Utility Fee will cause a tax certificate to be issued against C-2 9A the assessed property, which may result in a loss of title to your property. The Stormwater Utility Fees will be collected through the County's existing utility billing system. If you have any questions, please contact the Collier County Stormwater Management Section at (239) 252-2925 COLLIER COUNTY, FLORIDA C-3 7 APPENDIX D FORM OF NOTICE TO BE MAILED 9A COLLIER COUNTY, FLORIDA NOTICE OF PUBLIC HEARING FOR ADOPTION OF STORMWATER SERVICE ASSESSMENTS AND STORMWATER SERVICE FEES Owner Name Parcel ID#: Address Legal Description: Address Sequence Number: *****NOTICE TO PROPERTY OWNER***** Dear Property Owner: The past decades have brought increased awareness of the detrimental environmental impacts associated with stormwater runoff from properties, including degradation of surface waters, land erosion, flooding and collection of standing water on streets and property. In response to public demand and increased federal regulations imposed by the U. S. Environmental Protection Agency's National Pollution Discharge Elimination System stormwater permitting program as implemented by the Florida Department of Environmental Protection, Collier County has been mandated to improve stormwater management services, which require a dedicated funding source for these services by creating a Stormwater fee program to generate revenues. If implemented by the County, Stormwater Utility Fees shall be imposed against Benefited Property throughout the unincorporated area. Stormwater fees are based upon the estimated amount of stormwater runoff generated by impervious surfaces on your property. Impervious surfaces include the rooftop, patios, driveways, parking lots and similar areas. Impervious surfaces contribute to the County's burden of managing stormwater runoff. The County has determined that the median single-family residence in the unincorporated area includes 3,900 square feet of effective Impervious Area, which is the value of one "equivalent residential unit" or "ERU Value." Single-family residential properties are categorized into one of three ERU tiers based on the estimated amount of Impervious Area associated with each parcel as computed by using the building footprint of the residence. Condominium units are charged generally by calculating the total number of ERUs applicable to the condominium complex as a whole, then dividing that total number of ERUs by the total number of condominium residential units on the property. For other General Parcels, such as commercial parcels, the number of ERUs has been calculated individually for each parcel of property by dividing the effective impervious surface area by 3,900 square feet. If you apply and qualify, credit for privately maintained stormwater management facilities and other factors affecting the quantity or quality of stormwater runoff will be applied, as applicable, resulting in the assignment of Net ERUs. Additionally, if you apply and qualify, certain Agricultural Property is granted a credit from payment of D-1 9A Stormwater Utility Fees pursuant to state law. A more specific description is set forth in the Resolution adopted by the Board of County Commission on April 10, 2018. Copies of the Resolution and the preliminary Stormwater Roll are available for inspection at the Collier County Stormwater Management Section office located at 2685 South Horseshoe Drive, Suite 103, Naples, Florida 34104. Additional information about the Stormwater Utility Fee, including the application for credits, is available at http://www.collierstormwater.com. The annual Stormwater Utility Fee rate for Fiscal Year 2018-2019 will be $120 for each Net ERU. The maximum Stormwater Utility Fee rate that can, but is not required to, be imposed in future Fiscal Years without additional notice to Tax Parcel Owners is $120 per Net ERU. It is estimated that the County will collect $21,500,000 from the Stormwater Utility Fees for Fiscal Year 2018-2019. The above referenced parcel has been assigned the following Net ERUs and assessment amounts: Number of ERUs Annual Stormwater Utility Fee for FY 18-19 Maximum Annual Stormwater Utility Fee for Future Fiscal Years The Board of County Commissioners of Collier County will hold a public hearing at 9 a.m. p.m., or as soon thereafter as the item can be heard, on September 11, 2018, in the Board of County Commissioners Chambers, Third Floor, Collier County Government Center, 3299 Tamiami Trail E, Naples, Florida 34112. Comments will be received on the proposed Stormwater Utility Fees, including their collection on the ad valorem tax bill, and Stormwater Utility Fees. You are invited to attend and participate in the hearing or file written objections within 20 days of this notice. If you decide to appeal any decision made by the Board of County Commissioners with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, if you need a special accommodation or an interpreter to participate in this proceeding, please contact the Collier County Facilities Management Department at (230) 252-8380 at least 48 hours prior to the date of the hearing. If hearing impaired, telephone the Florida Relay Service Numbers, 711 (Voice), for assistance. Because the Stormwater Utility Fee will be collected by the Tax Collector of Collier County, pursuant to Chapter 197, Florida Statutes, failure to pay the Stormwater Utility Fee will cause a tax certificate to be issued against the assessed property, which may result in a loss of title to your property. If there is a mistake on this notice it will be corrected. If you have any questions regarding the number of ERUs assigned to your property or the amount of the Stormwater Utility Fee, please contact the Collier County Stormwater Management Section by telephone at D-2 9A (239) 252-2925. If you believe you may qualify for a mitigation credit for a privately maintained stormwater management facility or you believe your Agricultural Property is entitled to a full credit from the Stormwater Utility Fee, please contact the Collier County Stormwater Management Section by telephone at (239) 252-2925 or go to http://www. 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O --1 0 o -n w � 0 Cm 07coo K0 v —t 00 � m � � o = OO 0usrno -c` Ct 1 T A D cn �� co m Th M0 > z -TI -`n g 33 x —4 -`p "2 m Cm7 0 0 pco m opa —a Oo cnO- _ { > 0c ;v — -< ,C® D )> r-- z 3> � om 0 to s-- --I 70 , ua co � m z. - M ern 0 ay a CC!) Et°' D 70 N. � IT1 p *. p v> 0 74, Dm m m z cz V) G) cn m0 Cl) cn --I C-') mann Z 70 M OZ r... *—'_r�-- c —4.r< � m = 20 mm m -or) 0.0. r m z = m a D a 73 --1 0 O z z _ mz rft' 9 A SECTION THREE. Article VII. Stormwater Utility, Section 134-316, Findings, purpose and declaration of benefit, of the Collier County Code of Laws and Ordinances is hereby amended as follows: Section 134-316. Findings, purpose and declaration of benefit. (a) The board of county commissioners does hereby make the following findings: (1) The professional engineering and management analysis submitted to and adopted by the board of county commissioners on August 27, 1990 properly defines the stormwater management needs of the county. This analysis was updated and approved by the Board of County Commissioners on February 13, 2018, and finalized in the report entitled "Collier County Stormwater Utility Program Phase II-Stormwater Utility Rate Study, dated March 12, 2018. (2) The stormwater management needs of the county differ needs and contribution to the overall problem. (2) The ability of the county to effectively conserve, manage, protect, control, use, and enhance the water resources of the county is dependent on the provision of adequate, equitable and stable funding for the stormwater management program. (3) The stormwater management system, including the components which provide for the collection of and disposal of stormwater and regulation of groundwater, is of benefit and provides services for the welfare of the county and its residents, including property not presently served by the physical elements thereof. (4) The formation of a stormwater utility, the establishment of a separate enterprise fund for accounting of the revenues, expenditures, assets, and earnings of the utility, and adoption of various rates, fees, charges, rentals, fines, and penalties are necessary to meet the needs identified in the professional engineering and management analysis. (5) The Board of County Commissioners will review specific financial and program milestones annually as part of the budget and i ( 100-3 Annual Update and Inventory Report/Capital Improvement Element. 4/10/18 9A SECTION SEVEN. Article VII. Stormwater Utility, Section 134-329.Adjustment of Utility Fee and Assessments; corrections, of the Collier County Code of Laws and Ordinances is hereby amended as follows: Sec. 134-329. - Adjustment of utility fee and assessments; corrections. (a) Owner-initiated adjustments. Requests for adjustment of the utility fee or an assessment shall be submitted to the director, who shall have authority to adjust the utility fee or assessment pursuant to the procedures and standards as established herein. No credit shall be given for the installation of facilities required by county ordinances or applicable laws. The following procedures shall apply to all adjustment requests of the utility fee or an assessment: (1) Any owner who believes the utility fee or assessment is incorrect may, subject to the limitations set forth herein, submit an adjustment request to the director. (2) The adjustment request shall be in writing and set forth, in detail, the grounds upon which the correction is sought. (3) The adjustment request of a utility fee or assessment must be made within 30 days after the date of its first class mailing. The adjustment request will be reviewed by the director within three months from the date of filing of the adjustment request. Consideration by the director of the owner's request for adjustment shall not relieve the owner of the obligation to make timely payment of the utility fee or assessment. In the event an adjustment is granted by the director which decreases the utility fee or an assessment, the owner shall be entitled to credit for the excess utility fee or assessment paid. If the utility fee or assessment is placed on the real property tax bill, the credit shall be so noted on the respective owner's real property tax bill. (4) The owner requesting the adjustment may be required, at his own cost, to provide supplemental information to the director including, but not limited to, survey data approved by a professional land surveyor and engineering reports approved by a professional engineer. Failure to provide such information may result in the denial of the adjustment request. (5) The granting or denial of an adjustment to a utility fee or an assessment will be furnished to the owner, in writing, by the director. If the utility fee or an assessment is placed on the real property tax bill, the document granting an adjustment to a utility fee or an assessment will also be sent to the tax collector. }t e,1 ig at 9A (b) Right of review by board. The owner has the right to appeal the decision of the director to the board of county commissioners, who may refer the issue to a Hearing Examiner for final decision. The appeal must be made within 30 days of receipt of such denial. The board shall furnish, in writing, its determination within 60 days of receipt of the request for review. It shall set forth the reasons for the decision based on the criteria contained in this section. (c) County-initiated adjustments. If the utility fee or an assessment is placed on the tax bill, any errors in the utility fee or an assessment or failure to charge a utility fee or an assessment may be corrected by the tax collector. If the utility fee or an assessment is not placed on the tax bill, any errors in the utility fee or an assessment or failure to charge a utility fee or assessment may be corrected by the director. Corrections which result in an increase in a utility fee or an assessment cannot be imposed until the owner has consented in writing to the increase or has been given at least ten days notice by certified mail and an opportunity to be heard by the board. Once the adjustment is finalized, the 1 director shall send documentation reflecting the adjustment to the owner and, if the utility fee or assessment is placed on the tax bill, the documentation will also be sent to the tax collector.