Backup Documents 12/01/2009 Item #17C
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
CiJ7Cfft'1
To: Clerk to the Board: Please place the following as a:
xox Nonnallegal Advertisement
(Display Adv., location, etc.)
o Other:
**...**************************************************************************************************-**
Originating Dept/ Div: Public Utilities Division
Person: Thomas G. Wides
Date: 11112/09
Petition No. (If none, give brief description): Recommendation to adopt an Ordinance amending the Collier County Consolidated
Impact Fee Ordinance. Ordinance No. 2001.13, as amended. to incorporate a provision clarifYing the imposition of Water and Sewer
Impact Fees on geographic areas within the Collier County Water-Sewer District until such a time when connection to the regional
water and/or sewer system is anticipated within a ten-year period as identified by the most Current Public Utilities Water and
Wastewater Master Plan Updates and the Annual Update and Inventory Report.
Petitioner: (Name & Address):
James W. DeLony, Public Utilities Adminsitrator
3301 East Tamiami Trail, Naples, FL 34112
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) N/A
Hearing before
XBCC
BZA
Other
Requested Hearing date: (Based on advertisement appearing 10 days before hearing. Agenda Date: December 1, 2009
Newspaper(s) to be used: (Complete only if important):
xO Naples Daily News
o Other
xO Legally Required
Proposed Text: (Include legal description & Common location & Size: November 20,2009
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, AS
AMENDED, TO INCORPORATE A PROVISION CLARIFYING THE IMPOSITION OF WATER AND SEWER
IMPACT FEES ON GEOGRAPHIC AREAS WITHIN THE COLLIER COUNTY WATER-SEWER DISTRICT
UNTIL SUCH A TIME WHEN CONNECTION TO THE REGIONAL WATER AND/OR SEWER SYSTEM IS
ANTICIPA TED WITHIN A TEN-YEAR PERIOD AS IDENTIFIED BY THE MOST CURRENT PUBLIC
UTILITIES WATER AND W ASTEW A TER MASTER PLAN UPDATES AND THE ANNUAL UPDATE AND
INVENTORY REPORT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE COLLIER COUNTY CODE OF LA WS AND ORDINANCES; AND, PROVIDING AN
EFFECTIVE DA TE. (See attached)
Companion petition(s), ifany & proposed hearing date:
Does Petition Fee include advertising cost? xD Yes 0 No ffYes, what account should be charged for advertising costs; 210111
(Purchase Order Number45001l1144)
.Reviewed by: ( /) ._
'-:(i{/~ ~J 1(1;1 ~/ /3~ ~
.~!Administratoror Designe; Date
~chments: Copy of Ordinance amending the Collier County Consolidated Impage Fee Ordinance, Water-Sewer District
Boundaries Map showing proposed exempt areas.
DISTRIBUTION INSTRUCTIONS
17C
Hll
A. For hearings hefore BCC or BZA: Initialing 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:
o County Manager agenda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original 10 Clerk's Office, relaining a copy for file.
*************************************************************.***************.***********.**.**********...*
FOR CLERK'S OFFICE USE Pj'lI;)1.1 ..rJ I ..,j . I CV)
Date Received: ~ Dale of Public hearing: Jnlu..1:1
Date Advertised: .lltWJ (fl
04-COA-OJ023/235
I
ORDINANCE NO. 2009-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13,
AS AMENDED, TO INCORPORATE A PROVISION CLARIFYING
THE IMPOSITION OF WATER AND SEWER IMPACT FEES ON
GEOGRAPIllC AREAS WlTIDN THE COLLIER COUNTY WATER-
SEWER DISTRICT UNTIL SUCH A TIME WHEN CONNECI'ION TO
THE REGIONAL WATER AND/OR SEWER SYSTEM IS
ANTICIPATED WITHIN A TEN-YEAR PERIOD AS IDENTIFIED BY
THE MOST CURRENT PUBUC UTILITIES WATER AND
WASTEWATER MASTER PLAN UPDATES AND THE ANNUAL
UPDATE AND INVENTORY REPORT; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County has used impact fees as a funding source for growth-related
capital improvements for various filcilities since 1978; and
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001-13, the CoIlier County Consolidated hnpact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances; and
WHEREAS, the adoption of this Amendment to the Ordinance incorporates provisions
that will amend Section 74-303 (C)(I) of the Collier County Code of LaWll and Ordinances
relating to the applicability and imposition of Water and Sewer hnpact Fees on geographic areas
within the Collier County Water-Sewer District to clarifY and limit the imposition of Water and
Sewer impact fees on geographic areas within the Col1ier County Water-Sewer District until
such a time when connection to the Regional Water and or Sewer System is anticipated within a
ten-year period as identified by the most current Public Utilities Water and WasteWlllcr Master
Plan Updates and the Annual Update and Inventory Report during the normal land development
process.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COu.JER COUNTY, FLORIDA, that:
SECTION ONE. Article II, Impact Fees, Section 74-303, Special Requirements for Waler
Impact Fee and/or Sewer Impact Fee, subsection C, Limitation on Applicability, of the Collier
County Code of LaWll and Ordinances is hereby amended to raui as follows;
Page 1 of3
Underlin"" text is added; 9lrIIek t/uoengl> text is deleted.
Seetion 74-303. Special RequlremeDla for Water Impact Fee aDd/or Sewer Impact Fee..
**.
C. Limitation on Applieability. NotwitJastandillll the lIeural applieability provisions
let forth ill thlI chapter, water aDd sewer Impact fees sball be limited as foUows:
(I) The imposition of water and sewer imnact fees ~ DOt apply withiD the
geographic areas expressly excluded by this cbapter~ B<em the HBpSsKiSB sf Wllk.. lIBEl
sewer impaet felS: For purposes of the waler and/or sewer service, development shall
include only development on 1ands withiD the county water sewer district, exclusive of
lands encompassed by the geographic areas described hereundcr~ subiect to the followinlZ
condition: the imposition and collection of water and sewer i1l!nAct fees on lZeolU8Ilhic
areas within the countv water sewer district _hAIl not take Dlace until such time when
connection to the 1'llIZi0nal water and/or sewer system is anticinatcd withiD a ten-year
Dcriod as id....tified bv the most current county Public Utilities Water Anti WasteW8ler
Master Plan Undates and the Annual ITntlAt~ and lnvenloly Reoort. Lands within the
county gencrally excluded from the generally applicable definition of "development" as it
relates to the water and/or sewer service include (the exclusions set forth below are not
aII-inclusive~~ 1ands lying withiD the excluded areas which are either required to connect
or request connection to the regional water system, or which otherwise create a growth
necessitated demand upon the regional water system shall be subject to the imposition of
impact rees in accordance with this chapter in the same manner as if said lands were not
within the excluded geographic area:
...
/II. Any and all oortions of Sections 13. 14. 15. 16. 20. 21. 22. 27. and 28.
Town_hiD 49 South. Ran"" 27 East within the Collier County Water-Sewer District
bountlAries. Anv And all romons of Section 24. Township 49 South Ran"" 26 Fast
within the Collier County Water-Sewer District honntlAri"" Anv anti all portions of
Section 31. TownohiD 50 """th Ran2c 27 PA" within the Collier CoWltv Water-Sewer
District bonntlAries. Any anti all oortions of Sections 3. 4. 10. Anti II. Town_hiD 51
South. Ran"e 27 PA" within the Collier Countv Water-Sewer District hollndAries. Anv
Rntl allrortions of Sections 34 and 35~ Tnwn.hin 50 South. RAnOp. 25 East within the
Collier Countv Water-Sewer District boundaries. Anv and all romons of Sections 1. 2.
3. 11. 12. 13. 14. 23. Anti 24. Tnwno"ip 51 South RAnV 25 East within the Collier
County Water-Sewer District boundaries. Anv and alloortions ofScctions 7. 17. 18. 19.
Page 2 00
Underlined text is added; 8lNek t1wllgll text is deleted.
In
and 20. Townshin 51 South. Ran2e 26 Hast within the Collier County Water-Sewer
District oonn<j.m'lS, AI\)' Anti all OOrtioDS of Section.. 34. 35~~d~6. To~n 47 South.
RAna.. 27 East within the Collier Countv Water-Sew~ Di~~ ~:~~:;e7.' ~v :;:'d all
oortions of Sections 1. 2, and 3. Town.hin 48 South Ranae 27. East within ;; Ilier
Countv Water.Sewer District boundaries.
...
SECTION TWO. CONFLICf AND SEVERABILITY.
In the event this Otdinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive sbaI1 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
scperate, distinct, and independent provision and such holding sbaI1 not affect the validity of the
remaining portions.
SECTION THREE. INCLUDSION IN THE CODE OF' LAWS AND ORDINANCES.
The provisions of this Otdinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The section of the Ordinance may be renumbered or
relettered and intemal cross-references amended throughout to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
SECTION FOUR. EFFECTIVE DATE.
The Ordinance sha11 become effective upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this day of . 2009.
A ITEST
Dwight E. Brock, Cleric
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
DONNA FIALA, CHAIRMAN
Approved as to form
and legal sufficiency:
@)
Scott R. Teach
Deputy County Attorney
Page 3 00
UntIP.PlinNI text is added; slruek tt.re'IP text is deleted.
.
New Exempt Areas Proposed for FY2010 _
Based on the 2009 AUIR and 2008 Master Plan Updates
Al.~:.1lI ~ :r-lUl.1 ~0lI,,11i1O Ill-{
. M U ~ .
. . ,
" ~ ,
Proposed
Exe m pt
Area
:,.-- ~~~D
CR~mt;[
~~L~ --
,
.
"A~C"13L""N"J.
\/,lATER A'-IIJ
~t"'tIl. 4l'Ul!lCJ
, ~
}-
c-
Exempt from Sewer Impact Fees
. Exempt from Water and Sewer Impact Fees
""'.'+
II[
NORlHEAST
SERVICE A~A
.lie.'
rie
Proposed
Exempt
Area
Proposed
Exempt
Area
Proposed
Exempt
Area
.
.
17C
, it
I
ACCOUNT #210111
November 17,2009
Attn: Legals
Naples Daily News
1100 lmmokalee Road
Naples, Florida 34110
RE: Amending Ordinance No. 2001-13
Dear Legals:
Please advertise the above referenced notice on Friday, November 20, 2009, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office,
Thank you,
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500111144
NOTICE OF INTENT TO CONSIDER ORDINANCE
17C
.,
Notice is hereby given that on Tuesday, December 1, 2009, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE
ORDINANCE, NO. 2001-13, AS AMENDED, TO INCORPORATE A PROVISION
CLARIFYING THE IMPOSITION OF WATER AND SEWER IMPACT FEES ON GEOGRAPHIC
AREAS WITHIN THE COLLIER COUNTY WATER-SEWER DISTRICT UNTIL SUCH A TIME
WHEN CONNECTION TO THE REGIONAL WATER AND/OR SEWER SYSTEM IS
ANTICIPATED WITHIN A TEN-YEAR PERIOD AS IDENTIFIED BY THE MOST CURRENT
PUBLIC UTILITIES WATER AND WASTEWATER MASTER PLAN UPDATES AND THE
ANNUAL UPDATE AND INVENTORY REPORT; PROVIDING FOR CONFLICT AND
SEVERABILTIY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF
LAWS AND ORDINANCES; AND, PROVIDING AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on
Board and are available for inspection.
invited to attend and be heard.
file with the Clerk to the
All interested parties are
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an 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 material used in presentations before the Board
will become a permanent part of the record.
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 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
17C
the Collier County Facilities Management Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380.
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
17C
Ann P. Jennejohn
From:
Sent:
To:
Subject:
Attachments:
Ann P. Jennejohn
Tuesday, November 17, 2009 3:42 PM
Naples Daily News Legals
Amending Ordinance 2001-13
Amending Ordinance 2001-13 (WS).doc; AMEND ORD 2001-13 (Water-Sewer).doc
Hi there,
Please advertise the attached on Friday, November 20, 2009.
Thank you @
Ann J ennejohn, Deputy Clerk
Clerk to the BCC/V A B
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (fax)
1
17C
Ann P. Jennejohn
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Tuesday, November 17, 20094:15 PM
Ann P. Jennejohn
RE: Amending Ordinance 2001-13
ok
From: Ann P. Jennejohn [mailto:Ann.Jennejohn@collierclerk.com]
Posted At: Tuesday, November 17, 2009 3:42 PM
Posted To: Legals - NDN
Conversation: Amending Ordinance 2001-13
Subject: Amending Ordinance 2001-13
Hi there,
Please advertise the attached on Friday, November 20, 2009.
Thank you @
Ann J ennejohn, Deputy Clerk
Clerk to the BCC/VAB
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (fax)
Under Florido Low, 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
Ann P. Jennejohn
From:
Sent:
To:
Subject:
Attachments:
17C
Pagan, Emely [EPagan@Naplesnews.com]
Wednesday, November 18, 2009 10:51 AM
Ann P. Jennejohn
Ad Confirmation
UASA38.jpg
ATTACHEO please review your notice & confirm approval via email.
Thank you for
PUB. Date
Publication
Ad Number
Total Ad Cost
Emely Pagan
239-213-6061
placing your ad.
11/20/09
NON
1827097
$235.58
1
NOTICE OF Ir,TENT TO CONSIC'ER
ClRDINANCf
17C
r'<lotice- i:o herf,'b~/ gi'flm that (in T1Je~.
u.=t'/, D~(!rnb~r 1, 2C>Q~, in th~ SOlilfd~
(.oom,3rd J:loor. Adrntnistrm]onBtIIld.
lng, Collier Coumy, Gov.ernlnem (:'l!'n-
ti'r, 3'301 East Tamlaml Trall. ~4aple;:,
HendEL the Bo,ard of ((.lunt~ COIn1111$"
SiCnN'i> 'J\o111 con:;ide-r the !'oactm("nt at
.a Count~Ordmaflc'i!. The lfIel!tlf'to \/'Jill
(omrrien{p. .,t ~lOO A,M. The tit'le Qr
the prop"~ Oldindtlr.:.'i! is ~$ follo..\~'
A.N ORDINANCE OF THE BOARe OF
(aUNTY (OMMIs.SI0r\IER~ OFCOLUER
COIJr~TY, FLORIDA. AMENPINI:i THE
~::)lllER COUNTY (t.)~JSOLlC'.A.TED IM-
PACT FEE ORPINANCE. NO. 2,<;1.13.
AS '",MENDED. re' IN(ORPO~ATE 1\
PRDVISION CLA.RlfYING THE IMPOSI.
TION OF WATER AND SE"im iMPACT
FEE.S CI~ GE<''';GRA.PHIC AREAS WITHIN
THE (OLLlEr\ COUNTy' WATER.5PIvtR
P ISTRICT UNTIl SIJCH A TIME WHEN
(C'NNECTICH~ TO THE REGIONAL WA.
TEfl ANDiOH SEWER SYSTEM IS Armel.
PATED WITHIN A TEN. YEAR PERIOD
AS IDENTifiED BY THE MOST CURRENT
PUBLIC UTILITIES WATER AND WASTE.
WATER MASTER PLAN UPDATES AND
THE MINUAL UPDATE M,D IN\lJ],TO"
WI REPORT PROVIDING FOR WI;.
flirT ANr! IEYfRJ>EllTIY. PRCVIDiNG
FOR H~CLlISION IN THE COLLIER
CCl)NTY COCIE CF LA\NS ANr, ORClI.
~~ANCES. I),JW. PROVIDING A~..j EFFEC.
TIVE DATE
(opie~ of thl' prQPDseO Ordinance >:ire:
.In til-e ....~'tth 'the Clerk tl.;.' th~ BQd'rd~nd
aft' >3'Jo'lilable- fer inspe(tJon All intf..'r~
O:J;.t~ pdniesoilneoifl'.'ited tu <lttl?ncl and
b.;o I>~Fird
r'JOTE AJI p"nons whhing to sp~ak
en an>; a9.;nda itl:t1) I'fl1jst t~lstel . 't.1th
the'~ollnty administrdtor pl'lor to pr?-
S~l'1hHi';'fl cf th~ ~g'mdd item to b.;.
dddr",,,sert IndiiJidll:;l1 :;peakers will bE'
1llllit~j tc 5 Inlnutti!~"'n ~ny Iti:>rn The
s~le(tion 01 an individual tc weal~0n
f;1o::hc.lf of an oriilanizi:!til;)1l 0.1 groupi~
P.'nco',J(~ged. If rf.'r:ngnizi'db1 the-
Ch.:urrnan. ,a spok~$p~rSi:It-] for G qr0up
or organization m~y be allotted 10
rfimut~s tr; ~~dc C-tl "n item.
P~r-::OllS wlshlOoJ t'o h.:\ve wrmo:!'n or
graphj( rnfllterii'lJ~ lrldudi"d 10 th""
80.:IIJ .aq~ndiil P~(k~lS IltlJst suc.mit
'>-flld mil-ti>ri",l a minimum of 3 w.;>~k~
plior t~ th~-~~thJlt I>ubli,h..:.:uing,
In;;ny <(;;;~-". \>'.'ritt~n nMterl",h intew;tt'd
11:' we (r.'nsjd~r~d by the 8\:liilrq !.hall ~
submitte-d to th~ npproprii3t~ (",~unty
v.dff ;:. rfilniltlufli Of ~eytm d~'s ptl~A 10
th(~ pu blk heMinSJ., All tl1atl;'rlalQ:>ed
1ft pro:sentiHlon~ befof>:- th~BQ~r(j will
hp'come il perrnan~nt part of the re.
cud
J."',I1'i p~Tson who de~ld~s tc'oppe.al
a de-<:Isir:m of th-e- Board 11'.'111 n~ro iHP.-
~OtrJ of theproce.edillg-~Pi'n.alnin9
1'1-I!"re-t:~ ('Hid th~r.,..fore. iT).,y ,",;:oed to
elhU(~ rhdt iI vl!!-rbatim r~(old of the
pr~..-:p.!;'dij1g~ i~ mflde, wnkh r-e>;ord in-
<:Iuu~~ th~ 1li:'$tjlll'~'n'l tlnd 'tvidt:m:e
tip-::-w, '.1Jhkh th~ ap-r~ar h ba.oo
If Y')U !Hf> fl p~r~<:'I!') ',^'ith a -iisa,bilhy
Wht.l n'C'~d}. :lnY ~o::0I11rnQdliltIQn Ir,.or-
der to partlr,ipiiH€' In thi:! f;1ro(~jng,
yow 41 it Iilntitled, 41 py (eH to 'leU, to
Ttle provision oi tertain a..sistariO:'::Ii';
Ple-ase conta,:t lhe -:::cllit!'JC:ounr~ Fa-
(illtie. Managf'ml"nt Departrne>nt, 10'
c.:.t;!d ,jI1 3301 TalYilcllnl Trail E~st,
Building VI/, Naples, Florida 34112.
(Z3~:' 25:2.-8380. A$SI:s;l~J Ii~temnq dl!';.
'1ir:e'i.fcr' th.. he-oaring irnp~lir~d ~lh~
d\i.;i.ildbl~ in tho:.- Courlt~' Cornrnissiof1<ers'
Clffir__.e
BOARD OF COUNTi (OMMIS~KiNE~S
COW<R COUNTY. FLORIDA
DONNA FIALA. Cf-IAIRMAN
O'-/~IGHT E. &ROQ( CLERK
By Ar.n Jennejohn, D!:'putjl r1p.'fk
N/')wl11bi:!r 20, 2009 NQ182:C'97
17C
Ann P. Jennejohn
From:
Sent:
To:
Subject:
Naples Daily News [naplesnews@clicknbuy.com]
Friday, November 20,200912:11 AM
Ann P. Jennejohn
Thank you for placing your classified advertisement
Ad # 1827097
Thank you for placing your classified advertisement.
The following represents the current text of your advertisement:
NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, December I,
2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East
Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title ofthe proposed Ordinance is as follows: AN
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, AS
AMENDED, TO INCORPORATE A PROVISION CLARIFYING THE IMPOSITION OF WATER AND
SEWER IMP ACT FEES ON GEOGRAPHIC AREAS WITHIN THE COLLIER COUNTY WATER-SEWER
DISTRICT UNTIL SUCH A TIME WHEN CONNECTION TO THE REGIONAL WATER AND/OR SEWER
SYSTEM IS ANTICIPATED WITHIN A TEN-YEAR PERIOD AS IDENTIFIED BY THE MOST
CURRENT PUBLIC UTILITIES WATER AND W ASTEW A TER MASTER PLAN UPDATES AND THE
ANNUAL UPDATE AND INVENTORY REPORT; PROVIDING FOR CONFLICT AND SEVERABIL TIY;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES;
AND, PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance 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 administrator prior to presentation
of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection
of an 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 lO 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 material used in presentations before the Board will become a permanent part of the record. 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 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 Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the
hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY
COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK,
CLERK By: Ann Jennejohn, Deputy Clerk November 20,2009 Nol827097
You also have the exciting option to enhance your online advertisement with extended text, photos and even
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1
::~:~:~::-~:-~:::~::--~~------------+--
Sworn to and Subscribed before me this ~S*~ day of r\)ovev~~
!!
Naples Daily News
Naples, FL 34102
Affidavit of Publication
Naples Daily News
--------------------------------------------------+---
BCC/CDES BUDGET OFFICE
CLERK OF CIRC. COURT
SARA SCHNEEBERGER
POBOX 413044
NAPLES FL 34101
REFERENCE: 068784
59597831
P.O. #4500111144
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor and Vice President of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, 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 1 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, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON:
11/20 11/20
AD SPACE:
FILED ON:
76 LINE
11/20/09
Personally known by me
.Y
17G
t
NOTICE OF INTENT TO CONSIDER
ORDINANCE
Notke is hereby given thiton Tues-
diir.DllCeml)e;r t, iilQ09, in the Board_
~ 3rd FfOOt,.UlrilnlRratfon Build-
Int. 'Collier CO~_:'Gove!nmerit Cen-
ter, 3301 East Tamlami trail. Naples,
Florida. the Board of Cou~'ommI5-
slol'lltr!i will considei'the enactment of
a CountyOrdlnance. The mee;ting w. III
(Qrtlrnern;e at 9:00 A.~ ThEi title of
the proposed Ordinance is as follows;
An-ORDINANCE OF THE SOARD OF
CPUNlY' COMMts5l0NERS OF CQLLlER
"":tJNTY/ ''FLORIDA, AMENDING THE
'COL~, COUNTY. CONSOLIDATED IM-
AAC!'fU OfIID$NGe,' NO. 2001~13,
to INCORPORATE A
IIf&Jt<<i .THE IMP05t.
,~ S~WER IMPAct
C AREAS WITHIN
WAliR-SEWER
'F~ME WHE'N
LWA-
ANTIC!-
PERIOD
CURRENT
AND WASTE~
PLAN . UPDATES AND
~ ANN peAT! AND INVENTO-
RY REPORT; PROVIDING FOR CON-
FLICT AND. SEVERABllTIY; PROVIDING
FQJl: J~C.wSION IN THE COLLIER
COUtff'(CODE Of LAM AND ORDI.
~~~~h~ND, PROVIDING AN' EFFEC-
Copi~ of the proposed Ordinance are
on fife. with the C!erk to the Board and
Ire ~Itble fur inspection. All lnter-
eStedpartkts lire invited to attend and
be-h..rd.
NOTS: . ,All ptnOl15 wishing t05peak
on any,,,,enda Item must resister with
the CoU,nty administrator prtor. to - pre-
sentation of the agendaittmto be
.~d,.lndfvjdualspeakerswHlbe
limited to 5 mInutes on any Item. The
selection of an indf:.'id~al to speak on
pe~ 'of ,_n O:IO&n12:atlon or group 'i5
ertCOUrlg~.1f . recognized by the
q,alnn.,.a .sp~n for a grovp
or Jll:i1~' mty be allotted 10
minllffs'o'sp~ak'tJrnJn item:
~=r'\11. ~~~~~!\~
L,Ml'1~Mket5 must SVbmit
'.'mlteriaia rnlntmumof 3 weeks
Driorto 'the {e~i", puPlk:hearing.
In any C$, writtenmateriais intl!!nded
to beconsldePed by, the Board shall be
submttte~ to the appropriate County
st~ff . mll'llmum. of sellen d.ys prior to
tu", .pubi.1e nearli1.9. AI! material used\.
in ~Qrisb'ehnthe BOard wiH
=-... penn~part'ofthe reo
Mri~,~ wnc, decides to appeal
a~",ofthJro~:: will I'Ieed a re-
coril-'I)1,~'the'p " ,'ngs pertaining
;,=,> a!;'ld fiel'Jfot( m.a aynl!ed to
~=k'-~;t'~::d t~~
du4es ...tf\e ie$t1m6ny and evIdence
wpon Whitt, the appeal is b~d. .
Jf yOU are ai ptrson with a disebility
who, needs . a~yaccommodiiltion in or-
der to~~iMta.' In this prOiCeeding;
~.are~Wei:J; at'.no cost to y<?u. to
the 'PKN:~~. of.. Certa;n . assistance.
~." ~ the.COlllerC:otmty Fa-
.C11ithft .M..~.' tment oepal't:m. tnt.' 10-
~:;.t;W'..c-~.....L~1;ni Trail East,
B'I~.' ..."....lIpn:'I,., florid.'. 34112.
l,....,.~. ""Oted lilWnl'. d..
VitjJ for'tkt heirlng, i1l'1~ired are
=-~"k;titJt ~ty Commissioners'
BQARQ.'Of COUNTVc:oMMlSSIONERS
COUJSl._@~~!'l.QrtIDA
D6NNA'flALA. C~AIRMAN - - - - -
DWIGHt'!. SROCK; CLERK
lJy:Ani'l,~john,I)epI.ityClerk
N~~1O 29M .' No1R27097
20 (Xi
>':;.m'~:.~~~~" KAROL E KANGAS
g.. "':.~ Notary Public ~ State 01 Florida
~~. ~l My Comm. Expires Jul 29. 2013
'''';:f"(JH''1't:'~'' Commission II DD 912237
-,,,,,,,,>
-~~"",,,,,,-.
17Clfl
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents: are to be forwarded to the Board Office only.!!.f!tl: the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's siunature, draw a line throuuh routinulines # 1 throuQh #4, comnlete the checklist, and forward to Sue Filson (line #51.
Route to Addressee(s) Office Initials Date
(List in routinll order)
I. -
2.
3.
4. Scott R. Teach Deputy County Attorney County Attorney SRT~ 12-3-09
5. Ian Mitchell, Manager Board of County Commissioners "~C 17.../'7/0)
BCC Office Operations
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approvaL 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, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCe has acted to approve the
item.)
Name of Primary Staff Margie Hapke, Public Utilities Division Phone Number 252-2679
Contact
Agenda Date Item was 12-1-09 Agenda Item Number 17-C
Approved bv the BCC
Type of Document Ordinance No. 2009-6~ Number of Original One
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to the BCC office within 24 hours of BCC approvaL 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 our deadlines I
The document was approved by the BCC on 12-1-09 and all changes made during the
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
Yes
(Initial)
SRT
N/A (Not
A licable)
2.
3.
4.
5.
6.
SRT
SRT
SRT
SRT
SRT
I: Forms/ County Forms/ Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
09-tMP-0004517
MEMORANDUM
Date:
December 14,2009
To:
Margie Hapke, Operations Analyst
Public Utilities Division
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2009-64
Enclosed please find one (1) copy of the document, as referenced above
(Agenda Item #17C), as approved by the Board of County Commissioners on
Tuesday, December 1, 2009.
If you should have any questions, please call me at 252-841 L
Thank you.
Enclosures (1)
17 c <11
17 Chill
MEMORANDUM
Date:
December 14, 2009
To:
Larry Lawrence
Property Appraiser
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance: 2009-64
Attached, for your records you will find one (I) copy of the documents
referenced above, adopted by the Board of County Commissioners on
Tuesday, December 1, 2009.
If you should have any questions, please call me at 252-84] I.
Thank you.
Attachments
17 C ~I
ORDINANCE NO. 2009-64
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13,
AS AMENDED, TO INCORPORATE A PROVISION CLARIFYING
THE IMPOSITION OF WATER AND SEWER IMPACT FEES ON
GEOGRAPHIC AREAS WITHIN THE COLLIER COUNTY WATER-
SEWER DISTRICT UNTIL SUCH A TIME WHEN CONNECTION TO
THE REGIONAL WATER AND/OR SEWER SYSTEM IS
ANTICIPATED WITHIN A TEN-YEAR PERIOD AS IDENTIFIED BY
THE MOST CURRENT PUBLIC UTILITIES WATER AND
WASTEWATER MASTER PLAN UPDATES AND THE ANNUAL
UPDATE AND INVENTORY REPORT; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County has used impact fees as a funding source for growth-related
capital improvements for various facilities since 1978; and
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances; and
WHEREAS, the adoption of this Amendment to the Ordinance incorporates provisions
that will amend Section 74-303 (C)(1) of the Collier County Code of Laws and Ordinances
relating to the applicability and imposition of Water and Sewer Impact Fees on geographic areas
within the Collier County Water-Sewer District to clarify and limit the imposition of Water and
Sewer impact fees on geographic areas within the Collier County Water-Sewer District until
such a time when connection to the Regional Water and or Sewer System is anticipated within a
ten-year period as identified by the most current Public Utilities Water and Wastewater Master
Plan Updates and the Annual Update and Inventory Report during the normal land development
process.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article II, Impact Fees, Section 74-303, Special Requirements jor Water
Impact Fee and/or Sewer Impact Fee, subsection C, Limitation on Applicability, of the Collier
County Code of Laws and Ordinances is hereby amended to read as follows:
Page 1 of3
Underlined text is added; struck througH. text is deleted.
17C
Section 74-303. Special Requirements for Water Impact Fee and/or Sewer Impact Fee.
***
C. Limitation on Applicability. Notwithstanding the general applicability provisions
set forth in this chapter, water and sewer impact fees shall be limited as follows:
(]) The imposition of water and sewer impact fees &!ihall not apply within the
geographic arcas expressly cxcluded by this chapter, from the imposition of water and
sewer impact fees: For purposes of the water and/or sewer service, development shall
include only development on lands within the county water sewer district, exclusive of
lands encompassed by the geographic areas described hereunderc subiect to the following
condition: the imposition and collection of water and sewer impact fees on geographic
areas within the county water sewer district shall not take place until such time when
connection to the regional water and/or sewer system is anticipated within a ten-year
period as identified by the most current county Public Utilities Water and Wastewater
Master Plan Updates and the Annual Update and Inventory Report. Lands within the
county generally excluded from the generally applicable definition of "development" as it
relates to the water and/or sewer service include (the exclusions set forth below are not
all-inclusive),~ lands lying within the excluded areas which are either required to connect
or request connection to the regional water system, or which otherwise create a growth
necessitated demand upon the regional water system shall be subject to the imposition of
impact fees in accordance with this chapter in the same manner as if said lands were not
within the excluded geographic area:
***
m. Any and all portions of Sections 13. 14. 15. ]6. 20. 21. 22. 27. and 28.
Township 49 South. Range 27 East within the Collier County Water-Sewer District
boundaries. Any and all portions of Section 24. Township 49 South. Range 26 East
within the Collier County Water-Sewer District boundaries. Any and all portions of
Section 31. Township 50 South, Range 27 East within the Collier County Water-Sewer
District boundaries. Any and all portions of Sections 3. 4. ] O. and ] 1. Township 5]
South. Range 27 East within the Collier County Water-Sewer District boundaries. Any
and all portions of Sections 34 and 35. Township 50 South. Range 25 East within the
Collier County Water-Sewer District boundaries. Any and all portions of Sections 1. 2.
3. ] 1. 12, 13. 14. 23. and 24. Township 51 South, Range 25 East within the Collier
County Water-Sewer District boundaries. Any and all portions of Sections 7. 17. 18. 19.
Page 2 of3
Underlined text is added; struck throl1gh text is deleted.
17C .~
and 20, Township 51 South, Range 26 East within the Collier County Water-Sewer
District boundaries. Any and all portions of Sections 34, 35, and 36, Township 47 South,
Range 27 East within the Collier County Water-Sewer District boundaries. Any and all
portions of Sections I, 2, and 3, Township 48 South, Range 27, East within the Collier
County Water-Sewer District boundaries.
***
SECTION TWO. 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 THREE. INCLUDSION 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 section of the Ordinance may be renumbered or
relettered and internal cross-references amended throughout to accomplish such, and the word
"ordinance" may bc changed to "section," "article," or any other appropriate word.
SECTION FOUR EFFECTIVE DATE.
The Ordinance shall become effective upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this I st day of December, 2009.
A >::rn'S'V (; .
, ~,. '.'''.'. ~'-'
..' ,Dwight '5. 13t~,Clerk
, -'~,'.('-'
~,~?~ : ~~
-:--.-'"' : ~,:
BOARD OF COUNTY COMMISSIONERS
OF COLLI~ COUNTY, FLORIDA
i/''/ .'
By: l##-...~,^,;,.,~; <t.Jk
DONNA FIALA, CHAIRMAN
A~S IS to..~f~ Iieputy Clerk
S-11;i~ilt~F:q, ,.o~.
Appro~ed as to form
an~uMcfZ: j~
Scott R. Teach
Deputy County Attorney
Page 3 of3
Underlined text is added; struck throHl;h text is deleted.
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 and correct
copy of:
ORDINANCE 2009-64
Which was adopted by the Board of County Commissioners
on the 1st day of December, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 4th
day of December, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioner~:'.
\ i"
~
17C