Loading...
Resolution 1996-228/CWS 96-8 MAY - 7 1996 RESOLUTION NO. "-~ RESOLUTION NO. CWS-"-~ RESOLUTION APPROVING A DISPUTE RESOLUTION PROCESS AS PART OF COLLIER COUNTY AND THE COLLIER COUNTY WATER-SEWER DISTRICT'S ADMINISTRATIVE PROCEDURES; PROVIDING FOR PROMPT CONSIDERATION OF ANY PROTESTS AND APPEALS OF ITS DECISIONS ARISING FROM THE COLLIER COUNTY WATER-SEWER DISTRICT'S CONDUCT OF ACTIVITIES ASSOCIATED WITH PLANNING, DESIGN, CONSTRUCTION, AND OPERATION OF THE STATE REVOLVING FUND LCAN FOR THE CONSTRUCTION OF THE WASTEWATER SYSTEM EXPANSION PROGRAM AS CONTAINED IN THE 201 FACILITIES PLAN UPDATE, DATED APRIL 26, 1996. WHEREAS, the Board of County Commissioners of Collier County, Florida, as EX-Officio the Governing Board of the Collier County Water-Sewer District, on May 7, 1996 adopted a Resolution approving the 201 Facilities Plan Update; and WlIEREAS, the Board of County Commissioners of Collier County, Florida, as EX-Officio the Governing Board of the Collier County Water-Sewer District, on May 7, 1996 adopted Resolution No. 96-____/Reso1ution No. CWS-96-____, authorizing an application for a State Revolving Fund Loan to finance the construction of the Wastewater System Expansion Program as contained in the 201 Facilities Plan Update; and WHEREAS, the Florida Department of Environmental Protection . requires the local governing body to adopt a dispute resolution process as part of the documentation necessary to file with the District's application for a state revolving fund loan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD'OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLCRIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that: Section 1. The Dispute Resolution Process attached hereto and incorporated herein as Exhibit "A" is hereby approved. Section 2. This Resolution shall become effective immediately upon its adoption. 1 lOOK 000 pm 85 This Rsso1ution adopted this ~day of ~~ 1996, '~fter motion, second and majority vote. ,,' """'"'''''''''' , . ,-'ATTEST: ' /""/ ".., ,".-DWIGHTE,_,']jRO.Cl(, CLERK .:., . . (', (' . L",;.){14'J_.~j'47-;-~ tf, ',>>,~.:::"~( '. "<:.</ ..,," " . ,," . APllroved";ls to' form and legal sufficiency: 11 :.JH"A ttJh" L Dav1d C. Weigel ~ County Attorney . MAY - 7 1!lOO BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD' OF THE COLLIER C.o,UNTY )~ATBR"4i~ER DISTRICT .' :{.\'." " . '1,1, 111/" ; , .... ' . '" , NORRIS~':' HAIRMAN ""). .~ .' < . .;., " "I, 2 lOOK 000 PIG[ 86 ;> . .:" .,.... ", '11111\\\\\ MA't ~ 7 \99tl EXIlIBIT "A" DISPUTB RBSOLUTION PROCESS POR THE COLLIER COUNTY ~TBR-SBWER DISTRICT The Board of County commissioners of Collier County, Florida, as Ex-Officio the Governing Board of the Collier County Water-Sewer District (hereafter referred to as "District"), has adopted these procedures for resolving any disputee arising from its activities associated with the planning, design, construction, and operation of facilities financed by a loan from the state Revolving Fund authorized by section 403.1835, Florida Statutes and Chapter 88-499, Laws of Florida. 1. Any person who can demonstrate that an improper action by the District in the above activities has caused, or will cause, a material adverse effect on such person shall file at the office of the Collier County Public Works Division Administrator, Collier County Government Center, Health Building (Building H), 3301 East Tamiami Trail, Naples, Florida 33962, a written protest within ten (10) calendar days of havinq become aware of such action. A copy of the protest documentation must be providsd to any party which potentially would be directly and adversely affected by the relief Bought and to the County Attorney, Collier County Government Center, Administration Building, 8th Floor, 3301 East Tamiami Trail, Naples, Florida 33962. Any notice of protest filed after the deadline or not containing parts (a) through (e) of the following may not be considered: (a) The name and address of the protester; (b) A statement describing the disputed action and giving reasons that the action was believed improper; (c) A statement describing how and when the protester became aware of the disputed action; (d) A statement of how the protester is, or will be, adversely affected; (e) A statement of the relief sought; (f) Any other information material to the protest. ~. within seven (7) calendar days of receipt of the protest, the Collier County Public Works Division Administrator may provide an opportunity to settle the protest by mutual agreement. 3. The dispute may be resolved at a formal hearing as described herein. The Collier County Public Works Division Administrator shall, within fourteen (14) c'lendar days of receipt of the protest, set a date, time and place for the formal hearing to be held and said hearing shall not be held earlier than fourteen (14) calendar days and no later than thirty (30) calendar days after receipt of the protest. At the hearing the protester and/or the protester's legal counsel shall present evidence and testimony and may ask questions of witnesses. The District's representatives, consultants, legal counsel and witnesses may present testimony about the disputed action. Within ten (10) calendar days of the conclusion of the hearing, the Collier County Public Works Division Administrator shall render a written decision along with the justification of the decision. 1 lOOK 000 W,[ 87 MAY - 7 1996 4. If the protester does not accept the propriety of the Collier County Public Works Division Adminietrator's decision, it may appeal for reconsidsration by the District. The appeal must be received at the office of the County Administrator within five (5) calendar day. after ths decision is rendered by the Collier County Public Works Division Administrator. The appeal must contain the information provided in (la) through (If), as set forth herein, and the justification for requesting reconsideration. The County Administrator shall, within five (5) days, deeignate a time and place for a public meeting of the District at which the appeal is to take place. A copy of the appeal documentation must be provided to any party which potentially would be directly and adversely affected by the relief sought and to all parties that wsre pressnt at the formal hearinq. At the meetinq, the juetification for the Collier County Public Works Division Administrator's decision shall be presented, and the decision shall be presented, and the petitioner and/or the petitioner's legal counsel shall have the opportunity to present evidence and testimony. Decisions of the District shall be final, subject to remedies at law. 2 lOOK 000 PIc,[ 88 .__._N'~__'__'____"~"O">"'~'~~"""'~'_' "~_"~,__u_."",,~_,_,_~.__~_,_,__~___",_,~~_~~___,____"_,.."