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Agenda 11/12/2013 Item #16C2Proposed Agenda Changes Board of County Commissioners Meeting November 12, 2013 Add On Item 11D: Recommendation to approve an emergency declaration extending the hours associated with excavation and hauling activities for Stewart Mine in order to facilitate the expedited completion of the current beach renourishment project. (Staff request) Move Item 16C2 to Item 11E: Recommendation to direct the County Manager or his designee to advertise an ordinance amending Ordinance No. 2001 -73, as amended, the Collier County Water -Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance, to maintain compatibility with the Collier County Consolidated Impact Fee Ordinance, as amended. (Staffs request) Withdraw Item 16D2: Recommendation to approve five (5) releases of Affordable Housing Density Bonus liens due to properties being sold at less than the original purchase price. (Staffs request) Continue Item 16D11 to December 10, 2013 BCC Meeting: Recommendation to approve three (3) Subrecipient Agreements for the U.S. Housing and Urban Development (HUD) Community Development Block Grant (CDBG) projects previously approved for funding in amended FY2011 -2012 and FY2012- 2013 HUD Annual Action Plans approved by the Board on October S, 2013. (Staffs request) Move Item 16F1 to Item 11F: Recommendation to approve the selection and contract of Aviareps for tourism representation services in Brazil, authorize the Chair to sign a County Attorney approved contract, and make a finding that this expenditure promotes tourism. (Commissioner Henning's request) Move Item 16K3 to Item 1211: Recommendation that the Board of County Commissioners adopts the attached Resolution to amend the current policy regarding reimbursement of travel and expenses incurred by County Commissioners in the performance of their official duties. (Commissioner Coyle and Commissioner Fiala's separate requests) Move Item 17B to Item 9C: Recommendation to adopt an Ordinance repealing the ordinances which created the Animal Services Advisory Board, the Solid Waste Management Advisory Committee, the Collier County Public Health Unit Advisory Board, the Collier County Council of Economic Advisors, the Marco Island Vision Planning Advisory Committee, and the County Government Productivity Committee. (Commissioner Coyle's request) Move Item 17C to Item 91): Recommendation to adopt an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, providing for modifications directed by the Board of County Commissioners related to a change in the timing of payment of impact fees to issuance of a certificate of occupancy, the inclusion of Water and Wastewater Impact Fees as eligible for the "Impact Fee Program for Existing Commercial Redevelopment" and including additional minor updates or corrections related to "Adult Only Communities," obsolete refund provisions, reimbursement agreements and the "former" Goodland Water District. (Staffs request) Proposed Agenda Changes Board of County Commissioners Meeting November 12, 2013 Page 2 Note: Item 16E4: Page 6 of the Federally Funded Subgrant Agreement, Section 11 Remedies, should read: If an Event of Default occurs, then the Division nmy shall, after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively. (State's request) Time Certain Items: Item 12A to be heard at 11:00 a.m. Item 11C to be heard at 2:30 p.m. Item 11E to be heard immediately following Item 9D 11/12/2013 16.C.2. EXECUTIVE SUMMARY Recommendation to direct the County Manager or his designee to advertise an ordinance amending Ordinance No. 2001 -73, as amended, the Collier County Water -Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance, to maintain compatibility with the Collier County Consolidated Impact Fee Ordinance, as amended. OBJECTIVE: To receive direction to advertise a proposed amendment to the Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance to provide administrative changes and maintain compatibility with a recent amendment to the Collier County Consolidated Impact Fee Ordinance Amendment. CONSIDERATIONS: On December 11, 2001, the Board of County Commissioners (Board) adopted Ordinance No. 2001 -73, the Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance, which was recently amended by the adoption of Ordinance No. 2013 -44 on June 11, 2013 (the "Ordinance "). The proposed amendment to the Ordinance is necessary to compliment an amendment to the Collier County Consolidated Impact Fee Ordinance (Ordinance No. 01 -13, as amended) that will move the payment of utility impact fees from building permit to Certificate of Occupancy. The proposed changes include: • SECTION ONE, District Regulation 1.4. A. Application for Service paragraph 3: Delete reference to impact fees: All sysWm deyelepmei# ehwges, impact fees, connection and installation fees, and any other fees, rates and charges established by the District shall be paid in full at the time of application for service. • SECTION ONE, District Regulation 1.4. F. Dates Bills Due and Delinquent; Discontinuance of Service for Non - Payment; Reinstatement Following Discontinued Service paragraph 5. Amend as follows: Billing for potable water, sewed or IQ water services shall begin upon installation of the meters billing_for sewer services shall commence Mn issuance of the Certificate of Occupancy or Certificate of Completion. SECTION TWO, Submetering 2.10:Include Certificates of Completion, as follows: New accounts with separately metered water services, and as appropriate sewer services, and/or IQ water services are required to be provided to each new property prior to the issuance of Certificates of Occupation or Certificates of Completion, or on change of ownership. • SECTION THREE, City of Naples Service Area. Amend as follows: The governing board of the District may attach reasonable conditions to the issuance of permits for distribution water main extensions WW Packet Page -1441- 11/12/2013 16.C.2. The removal of the reference to impact fees /system development fees enables a water and sewer utility account to be established by the property owner dependent only on issuance of the building permit; and billing for sewer services only after the issuance of the Certificate of Occupancy, or Certificate of Completion reduces developer costs during the build phase. Adding Certificates of Completion provides clarification that commercial properties are included. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IWACT: This amendment and activities anticipated to be tasked under it will have no impact on the county's Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. —SRT RECOMMENDATION: That the Board of County Commissioners, Ex- officio the Governing Board of the Collier County Water -Sewer District, direct the County Manager or his designee to advertise an ordinance amending Ordinance No. 2001 -73, as amended, the Collier County Water -Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance. PREPARED BY: Peter Lund, Manager Customer Service and Utilities Education and Compliance ATTACHMENTS: Ordinance No. 2013- 2 Packet Page -1442- 11/12/2013 16.C.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.C.16.C.2. Item Summary: Recommendation to direct the County Manager or his designee to advertise an ordinance amending Ordinance No. 2001 -73, as amended, the Collier County Water -Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance, to maintain compatibility with the Collier County Consolidated Impact Fee Ordinance, as amended. Meeting Date: 11/12/2013 Prepared By Name: HendricksonLisa Title: Utility Billing Operations Coordinator 10/2/2013 12:10:31 PM Submitted by Title: VALUE MISSING Name: LundPeter 10/2/2013 12:10:32 PM Approved By Name: HapkeMargie Title: Operations Analyst, Public Utilities Date: 10/2/2013 1:40:22 PM Name: JacobsSusan Title: Operations Analyst, Public Utilities Date: 10/3/2013 1:56:36 PM Name: RiesenTeresa Title: Manager - Revenue,Utilities Finance Operations Date: 10/16/2013 8:49:29 AM Packet Page -1443- 11/12/2013 16.C.2. Name: JacobsSusan Title: Operations Analyst, Public Utilities Date: 10/16/2013 1:49:42 PM Name: Joseph Bellone Title: Manager - Utility Billing & Cust Serv.,Utilities F Date: 10/17/2013 2:49:17 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 10/18/2013 1:54:03 PM Name: PattersonAmy Title: Manager - Impact Fees & EDC,Business Management & Date: 10/25/2013 9:39:35 AM Name: YilmazGeorge Title: Administrator, Public Utilities Date: 10/25/2013 3:26:20 PM Name: KlatzkowJeff Title: County Attorney n Date: 10/28/2013 9:44:09 AM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 11/4/2013 9:01:08 AM Name: OchsLeo Title: County Manager Date: 11/4/2013 9:58:47 AM Packet Page -1444- 11/12/2013 16.C.2. � COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE ORDINANCE NO. 2013 - AN ORDINANCE AMENDING ORDINANCE NO. 2001 -73, AS AMENDED, KNOWN AS THE COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE, BY AMENDING: SECTION ONE, DISTRICT RATES, FEES, CHARGES AND REGULATIONS; SECTION TWO, SUBMETERING; AND SECTION THREE, CITY OF NAPLES SERVICE AREA, IN ORDER TO REFLECT RECENT AMENDMENTS TO THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE AS CODIFIED IN CHAPTER 74 OF THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the original Collier County Water -Sewer District, also known as the County Water -Sewer District of Collier County (District), was approved on November 4, 1969, by voters of Collier County in accordance with the requirements of Chapter 153, Part II, Florida Statutes; and WHEREAS, the Board of County Commissioners of Collier County, Florida, (Board) is the Ex- officio governing Board of the District; and WHEREAS, in 2001, the Board enacted Collier County Ordinance No. 2001 -73 to create a more simplified and efficient mechanism for water and sewer utility systems and for readers to more easily understand these regulations, which are applicable to the District's water, wastewater, and non - potable services; and WHEREAS, the Board subsequently amended Ordinance No. 2001 -73 through its adoption of Ordinance No. 2006 -27 and Ordinance No. 2013 -44; and WHEREAS, the Board desires to further amend Ordinance No. 2001 -73, as amended, in order to reflect recent amendments to Chapter 74 of the Collier County Code of Laws and Ordinances, relating to the timing of impact fee payments. Words Underlined are added; Words Stmak Vareeg# are deleted. Packet Page -1445- 11/12/2013 16.C.2. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, that: SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2001 -73, AS AMENDED. Section One is hereby amended as follows: SECTION ONE: District Rates, Fees, Charges and Regulations 1.4 District Regulation. A. Application For Service. 3. The applicant property owner shall furnish to the District their full name and, street address, and a legal description of the property where service is to be rendered with respect to such application. The applicant may furnish contact details such as telephone number and email address and the full street address of the billing address if different from the service address, together with contact details. All , €ees, connection and installation fees, new account and any other fees, rates and charges established by the District shall be paid in full at the time of application for service. The applicant shall also furnish the name of any tenant who may occupy the property and any subsequent changes of tenant. F. Dates Bills Due and Delinquent; Discontinuance of Service for Non - Payment; Reinstatement Following Discontinued Service. 5. Billing for potable water, sewed or IQ water services shall begin upon installation of the meters, billing for sewer services shall commence upon issuance of the Certificate of Occupancy, or Certificate of Completion. Words Underlined are added; Words Stmmmek ThFemmgh are deleted. Packet Page -1446- M 11/12/2013 16.C.2. SECTION TWO: AMENDMENT TO SECTION TWO OF ORDINANCE NO. 2001-73, AS AMENDED. Section Two is hereby amended as follows: SECTION TWO - Submetering. 2.10 A landlord who is a property owner within the District and who provides water and/or sewer and/or IQ water services through a single master meter to multiple rental units or lots, within a single parcel, and who sells any of the units or lots, such that they become individual parcels, shall be responsible for notifying the District of the transactions. Separately metered water services, and as appropriate sewer services, and/or IQ water services are required to be provided to each new property resulting from the sale of such units or lots, prior to the issuance of Certificates of Occupation, or Certificates of Completion, or on change of ownership. The District will provide details of the approved administrative process and requirements that must be met to effect the requested change. SECTION THREE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 2001 -73, AS AMENDED. Section Three is hereby amended as follows: SECTION THREE — City of Naples Service Area. 3.3. The governing board of the District may attach reasonable conditions to the issuance of permits for distribution water main extensions whieh seadifiens - may inelude, but not be lifaited to, pr-evisiefts for- Payment of system de*elepfnew ehmges er- iffTaet fees whi are, er- may be enaeted by the Geunty. Words Underlined are added; Words 84mek Rweu& are deleted. Packet Page -1447- a 11/12/2013 16.C.2. SECTION FOUR: 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 the 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 portion. SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE. This Ordinance shall become effective upon being filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT By: By: Deputy Clerk GEORGIA A. HILLER, ESQ. CHAIRWOMAN Approved as to form and legality: Scott R. Teach Deputy County Attorney Words Underlined are added; Words StFtele Pwough are deleted. Packet Page - 1448 - �`