Ordinance 96-47 ORDINANCE NO. 96- 4 7
AN ORDINANCE a~DOPTING A DISPUTE RESOLUTION
PROCESS TO PROVIDE FOR PROMPT CONSIDERATION OF
ANY PROTESTS AND APPEALS OF DECISIONS ARISING
FROM THE COLLIER COUNTY WATER-SEWER
DISTKICT'S CONDUCT OF ACTIVITIES ASSOCIATEEL,
WITH PLANNING, DESIGN, CONSTRUCTION ANI~
OPERATION OF THE STATE REVOLVING FUND LOAN FOI~
THE CONSTRUCTION OF THE WASTEWATER SYSTEM~
EXPANSION PROGRAM AS CONTAINED IN THE 201~ -- r"'
FACILITIES PLAN UPDATE, DATED APRIL 26, 1996;'~. ~-~
SUPERSEDING RESOLUTION NO. 96-22~ ANDes.
RESOLUTION NO. CWS-96-8; PROVIDING FOR CONFLICT~
t"r~
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
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
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 Resolution No. 96-227/Resolution No. CWS-96-7 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 dated April 26, 1996; and
WHEREAS, the Board of County Commissioners of Collier County, Florida, as Ex-
Officio Ihe Governing Board of the Collier County Water-Sewer District on May 7, 1996 also
adopted Resolution No. 96-228/Resolution No. CWS-96-8 approving a dispute resolution
process 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 Loan for the construction of the
Wastewater System Expansion Program as contained in the 201 Facilities Plan Update, dated
April 26, 1996; and
WHEREAS, the Florida Department of Environmental Protection requires the local
governing body to adopt a dispute resolution process by ordinance as part of the documentation
necessary to file an application for a State Revolving Fund Loan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION 1: FINDINGS.
The Board of County Commissioners of Collier County hereby finds that application for a
State Revolving Fund Loan to finance the construction of the Wastewater System Expansion
Program is in the best interest of the citizens of Collier County, Florida and that a condition of the
loan application is that Collier County adopt by ordinance a dispute resolution process to provide
for prompt consideration of any protests and appeals of decisions arising from the Collier County
Water-Sewer District's conduct of activities associated with planning design, construction and
I
operation of the State Revolving Fund Loan for the construction of the Wastewater System
Expansion Program as contained in the 201 Facilities Plan Update dated April 26, 1996.
,SECTION 2: DISPUTE RESOLUTION PROCESS.
The Dispute Resolution Process set forth in Appendix "A", which is attached hereto and
incorporated in this Ordinance by reference, is hereby adopted as the Dispute Resolution Process
for any protests and appeals of decisions arising from the Collier County Water-Sewer Distdct's
conduct of activities associated with planning, design, construction and operation of the State
Revolving Fund Loan for the construction of the wastewater system expansion program as
contained in the 201 Facilities Plan Update, dated April 26, 1996.
SECTION3; RESOLUTION NO. 96-228/RESOLUTION NO. CWS-96-8
SUPERSEDED.
Resolution No. 96-228/Resolution No. CWS-96-8 is hereby superseded.
$E(;~TION 4; 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 ~mpetent .iudsdictlort, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION S; INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of tl~s Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County. The sections of this Ordinance may be tenumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION {~; EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State.
DATED: ~/~ BOARD OF COUNTY COMMISSIONERS OF
..,'-"~TTEST: COLLIER COUNTY, FLORIDA
?...' ... :.:
l~proved.as to form and This ordl.-~r~e fi:,.~ ,,,,h :h-
Michael W. Pettit
Assistant County Attorney
APPENDIX "~"
DISPUTE RESOLUTION PROCE88
FOR THE COLLIER COUNTY WATER-SEWER DISTRICT
The Board of County Commissioners of Collier County, Florida, as
ex-officio the Governing Board of the Collier County Water-Sewer
District (Water-Sewer District), hereby adopts these procedures for
resolving disputes 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 Statues 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 34112, a written protest within ten
(10) calendar days of having become aware of such action. A copy
of the protest documentation must be provided to any party which
potentially would be directly and adversely affected by the relief
sought and to the County Attorney, Collier County Government
Center, Administration Building, 8th Floor, 3301 East Tamiami
Trail, Naples, Florida 34112. 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.
2. 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) calendar 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.
4. If the protester does not accept the propriety of the Collier
County Public Works Division Administrator's decision, it may
appeal for reconsideration by the District.
The appeal must be received at the office of the County
Administrator within five (5) calendar days after decision is
rendered by the Collier County Public Works Division
Administrator. The appeal must contain the information
provided in (la) through (lf), as set forth herein, and the
justification for requesting reconsideration. The County
Administrator shall, within five (5) days, designate n 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. At the meeting, the
justification for the Collier County Public Works
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.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 96-47
Which was adopted by the Board of County Commissioners on the 23rd day
of July, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 24th day of July, 1996.
DWIGHT E. BROCK ," ... ,. .
Clerk of Courts and Clerkx ..... '
Ex-officio to Board of ;.:'h. -.,.,.~ ..
Maureen Kenyon ....'~:i"'. "','
Deputy Clerk ' %' :'
· . ,.~-
,.-..,