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Backup Documents 03/19/2003 SBOARD OF COUNTY COMMISSIONERS CIAL M TING MARCH '19, 2003 NOTICE OF SPECIAL MEETING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a special meeting on WEDNESDAY, MARCH 19, 2003, at 8:45 A.M. in the Board of County Commissioners Chambers, 3rd Floor, 'W. Harmon Turner (Administration/F) Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Board's agenda will include: THE BOARD TO CONSIDER MATTERS/RESOLUTION REGARDING PROPOSED LEGISLATION IN THE CURRENT LEGISLATIVE SESSION RELATING TO WATER & SEWER UTILITIES AND TO DETERMINE ACTIONS, IF ANY, TO BE TAKEN, INCLUDING BUT NOT LIMITED TO, USE OF OUTSIDE COUNSEL, LOBBYIST(S) FOR COLLIER COUNTY AND DIRECTION BY THE BOARD. B. ANY OTHER MATTERS PERTAINING TO THIS LEGISLATIVE CYCLE. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the special meeting. All registered public speakers will be limited to five (5) minutes unless permission for additional time is granted by the Chairman. Any person who decides to appeal a 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 to be based. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners), register with the Clerk to the Board at the Board Minutes and Records Department. 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 Department located at 3301 East Tamiami Trail, Naples, Florida, 34112, (239) 774-8380; assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Maureen Kenyon Deputy Clerk (SEAL) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 19, 9:00 a.m. SPECIAL MEETING NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS 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 TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 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 DEPARTMENT LOCATED AT 3301 EAST Page 1 TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. INVOCATION AND PLEDGE OF ALLEGIANCE ,. THE BOARD TO CONSIDER MATTERS/RESOLUTION REGARDING PROPOSED LEGISLATION IN THE CURRENT LEGISLATIVE SESSION RELATING TO WATER & SEWER UTILITIES AND TO DETERMINE ACTIONS, IF ANY, TO BE TAKEN, INCLUDING BUT NOT LIMITED TO, USE OF OUTSIDE COUNSEL, LOBBYIST(S) FOR COLLIER COUNTY AND DIRECTION BY THE BOARD. Resolution 2003-120 - Adopted 5/0 ANY OTHER MATTERS PERTAINING TO THIS LEGISLATIVE CYCLE. Governor sent letter to BCC regarding a 3/25 meeting to be held in Tallahassee with the Governor regarding south golden Gate Estates Lands. Chairman to send letter to Governor indicating Commissoner Coletta will represent the BCC and attend the meeting and will carry a response to all issues in the letter - 5/0 Page 2 Maureen A. Ken)/on From: Sent: To: Cc: Subject: Bradley, Nancy Friday, March 14, 2003 8:59 AM Brock, Mary; Minutes and Records Weigel, David; Allen, Debbie; Seidl, Jay FW: upcoming board meeting Mary-Jo, just wanted to let you know that the notice requirements for this meeting have been met - we will not be advertising. We sent down the notice to Sandra Arnold in Public Information late yesterday afternoon, and she has made sure it has been posted and properly distributed to the media, etc. > ..... Original Message ..... > From: allen d > Sent: Friday, March 14, 2003 8:38 AM > To: weigel_d; bradley_n > Subject: FW: upcoming board meeting > > ..... Original Message ..... > From: brock m > Sent: Thursday, March 13, 2003 2:30 PM > To: arnold k; seidl_j; dove_r; callis_m; DeusaThomas; Minutes and > Records > Cc: allen d > Subject: --upcoming board meeting > > Good afternoon, > > The Board of County Commissioners will be meeting for a brief meeting on > Wednesday, March 19 at 8:45 a.m. (before the scheduled 9:00 Community > Redevelopment Agency Meeting). > > **Minutes and Records--David Weigel will be forwarding if he hasn't > already) a legal ad for this meeting** > > Any questions, give me a call. Thank you, > Mary-Jo Patricia L. Mor~lan From: Sent: To: Cc: Subject: Bradley, Nancy Friday, March 14, 2003 3:25 PM Minutes and Records Weigel, David; Allen, Debbie RE: upcoming board meeting notice of special mtg.bcc.legi.., fi'es, this is a specialmeeting. The agenda is on the attachednotice. us know if you have any other questions or concerns. Let ..... OrBinal Message ..... q:ronz' Minutes and Pff, cords [mai£to:MmutesandPfcords@clerk. co££ier, flus] Sent: Briday, March 14, 2003 1:02 PM To: ~radIey, Hancy Subject: RB: upcoming board meeting Is this a specialmeeting, a worbqhop or what? (Do we have an agenda on it? Can we have a copy of the notice that was sent to Public Information for the rgcor~ ..... OrBinal Message ..... q:rom: $radley, Hancy Sent: qvriday, March 14, 2003 8:$9AM To: ~rocfiu Mary; Minutes and Pffcords Cc: Weigel, (David; Allen, (Debbie; Seidl, Jay Subject: q:W: upcoming board meeting Mary-Jo, just wanted to let you know that the notice requirements for this meeting have been met - we will not be advertising. We sent down the notice to Sandra Arnold in Public Information late yesterday afternoon, and she has made sure it has been posted andproperly distributed to the media, etc. > ..... OriginalMessage ..... > (brom: allen_d >Sent: q:riday, March 14, 2003 8:38AM > To: weigel__d; 6radley_n > Subject: q:W: upcoming boardmeeting > > > > .....OriginalMessage ..... > Grom: brock_m > Sent: Thursday, March 13, 2003 2:30 PM > To: arnold_Itl seidl_~' dove_r;, call~__m; ~)eusaThomas; Minutes and > P~cords > Cc: allen_d > Subject: upcoming boardmeeting > Goodafternoon, > The ~oardofCounty Commissioners willbe meeting for a brief meeting on > Wednesday, March 19 at 8:45 a.m. (before the scheduledg:00 Community > Redevelopment Agency Meeting). > **Minutes andRecords--cDavidWeigelwillbeforwarding (if he hasn't > already) a legaladfor this meeting** > >Any questions, give me a call Thankyou, > Mary-Jo Teri Michaels , From: Sent: To: Cc: Subject: Brock, Mary Thursday, March 13, 2003 2:30 PM Arnold, Kady; Seidl, Jay; Dove, R; Callis, Mark; DeusaThomas; Minutes and Records Allen, Debbie upcoming board meeting Good ofternoon, The Board of County Commissioners will be meeting for a brief meeting on Wednesday, March 19 &t 8:45 a.m. (before the scheduled c):00 Community Redevelopment Agency Meeting). **Minutes and Records--David Weigel will be forwarding (if he hasn't already) a legal ad for this meeting** Any questions, give me a coll. Thank you, Mam/-~To RESOLUTION NO. 2003 - 12 0 A RESOLUTION OF COLLIER COUNTY, FLORIDA, SUPPORTING ENACTMENT INTO LAW AMENDATORY LANGUAGE TO SECTION 163.01, FLORIDA STATUTES, AS CURRENTLY WRITTEN IN PROPOSED FLORIDA SENATE BILL NUMBER 140 AND FLORIDA HOUSE BILL NUMBER 963, WHICH RECOMMENDED BILLS PROVIDE NECESSARY ACCOUNTABILITY, DUE DILIGENCE, AND THAT PUBLIC INTEREST DETERMINATIONS BE MADE BY THE FLORIDA PUBLIC SERVICE COMMISSION REGARDING ACQUISITION OF INVESTOR-OWNED WATER AND WASTEWATER UTILITIES, AND, AS TO SUCH SYSTEMS WITHIN THE BOUNDARIES OF THE HOST GOVERNMENT, MANDATE AFFIRMATIVE CONCURRENCE OF ALL HOST GOVERNMENTAL ENTITIES PRIOR TO COMPLETION OF EACH SUCH ACQUISITION. WHEREAS, Senate Bill number 140 and House Bill number 963 are currently being proposed for enactment into law by action of the Florida Legislature; and WHEREAS, proposed amendatory text in SB 140/HB963 add necessary safeguards to Chapter 163, Florida Statutes, to ensure accountability, due diligence and that prerequisite public interest determinations be made by the Florida Public Service Commission regarding proposed acquisitions of investor-owned water and wastewater utilities by every governmental entity created pursuant to Chapter 163, Florida Statutes, and also regarding such utility systems within the boundaries of the host government, requiring approval by each host governmental entity prior to effective completion of each such proposed acquisition of those systems. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners of Collier County, Florida supports adoption into Florida law proposed Senate Bill number 140 and proposed House Bill number 963, which, if enacted, will amend Chapter 163, Florida Statutes, in a manner acceptable to Collier County to protect customers of the subject water and wastewater systems. The Board of County Commissioners of Collier County, Florida, requests that its local Legislative Delegation actively support enactment of proposed Florida Senate Bill number 140 and Florida House Bill number 963. The Florida Association of Counties may utilize this Resolution as it deems appropriate to support enactment of proposed Senate Bill number 140 and Florida House Bill number 963 to amend Chapter 163, Florida Statutes, to protect customers of the subject water and wastewater utility systems. THIS RESOLUTION ADOPTED after motion, second and majority vote in favor of adoption this [qq4x day of ATTES~/ Approven,~. ~6.IB~~ and legal sdfficiency: Assistant County Attorney ffl0.t-cl'x ,2003. BOARD OF COUNTY COMMISSIONERS By: __.._J ~_..~ x~tq~-~,~ . TOM HENNIN~, Chairman t~