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Backup Documents 07/13/2021 Item #17B 178 COLLIER COUNTY FLORIDA �' ;,�!..._��' REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS ,,gi,,' To: Clerk to the Board: Please place the following as a: fjCIN'♦ ® Normal legal Advertisement ❑ Other: (Display Adv.,location,etc.) Originating Dept/Div: Public Utilities Engineering Person: Torn Chmelik,Director Date: 6/22/21 Petition No. (If none,give brief description): Ordinance amending Ord.04-31,the Utilities Standards&Procedures Ordinance Petitioner: (Name&Address): n/a Name&Address of any person(s)to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing.)July 13,2021(ad to run no later than Wednesday,June 30,2021) Newspaper(s)to be used: (Complete only if important): ® Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description & common location & Size): AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2004-31, AS AMENDED, KNOWN AS THE COLLIER COUNTY UTILITIES STANDARDS AND PROCEDURES ORDINANCE,AS CODIFIED IN SECTIONS 134-51 THROUGH 134-64 OF THE CODE OF LAWS AND ORDINANCES,TO UPDATE THE REGULATIONS GOVERNING THE INSTALLATION OF SUSTAINABLE AND SAFE UTILITIES INFRASTRUCTURE WITHIN THE COUNTY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. Does Petition Fee include advertising cost?❑ Yes ❑ No If Yes,what account should be charged for advertising costs: PO#4500211329 (Acct. No.408-210155) Review y: Divisi n Administrator or Designee Date List Attachments: Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to Clerk's Office for processing. 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 Minutes& Records. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division ❑ Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. FOR CLERK'S OFFICE USE ON 'Y - 7 Date Received: �j // I) t of Public hearing: / /3 / Date Advertised: `i 3E. 1 7 B ORDINANCE NO. 2021 - AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2004-31, AS AMENDED, KNOWN AS THE COLLIER COUNTY UTILITIES STANDARDS AND PROCEDURES ORDINANCE, AS CODIFIED IN SECTIONS 134-51 THROUGH 134-64 OF THE CODE OF LAWS AND ORDINANCES, TO UPDATE THE REGULATIONS GOVERNING THE INSTALLATION OF SUSTAINABLE AND SAFE UTILITIES INFRASTRUCTURE WITHIN THE COUNTY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 11, 2004, the Board of County Commissioners of Collier County, Florida,as the Governing Body of Collier County,Florida,and as the Ex-Officio Governing Board of the Collier County Water-Sewer District, concurrently adopted Collier County Ordinance No. 2004-31,known as the Collier County Utilities Standards and Procedures Ordinance,together with the Utilities Standards Manual, including all of the Manual's exhibits (the "Ordinance"). These documents provide County procedures and guidelines for the design, construction and repair of both privately constructed and County constructed utility systems in Collier County; and WHEREAS, Collier County Ordinance No. 2004-31 has been previously amended by Ordinance Nos. 2006-48, 2007-60, and 2018-36, and by numerous Resolutions amending the Collier County Water-Sewer District Utilities Standards Manual, which is incorporated by reference into the Ordinance; and WHEREAS, a 2017 benchmarking study by Tetra Tech that was updated and expanded in 2019 and discussions amongst staff and the Development Services Advisory Committee (DSAC) Utilities Subcommittee prompted proposed amendments to the Ordinance; and WHEREAS, the Board wishes to update the Collier County Utilities Standards and Procedures Ordinance to simplify and optimize the County's conveyance process in ways that are mutually beneficial to the County and the land development industry while preserving high-quality and best-value utility services to Collier County Public Utilities customers. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA,AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT,that SECTION ONE: The following Sections of Ordinance No. 2004-31, as amended, and codified in Chapter 134,Article III, of the Code of Laws and Ordinances are amended as follows: Words Underlined are added. [19-EIS-04145/1640850/1] Page 1 of 10 g Words Streak-Through are deleted. 178 Sec. 134-56. - Definitions and abbreviations. District service area: All geographic areas where the District is then authorized to provide potable water and/or wastewater service, and/or non-potable irrigation water, and/or bulk service, by general law or by Special Act(s) of the Florida Legislature, including all such geographic areas then being served with interim service by any other service provider. included in the District's Service Area (1)-A11 geographie areas within the geographic boundaries 353, Laws of Florida; and (2) all areas within the City of Golden Gate (which is not a municipal hereafter by the Florida Public Service Commission in the event the County cedes such Chapter , except: (1) Property used solely-or principally in the business ' , €urnishing bottled�;ter;and (2) Subject to Chapter 2003 353, , Final acceptance: Acceptance by the board of potable water, non-potable irrigation water and/or wastewater systems at least one year after preliminary acceptance, and after satisfactory completion of all final acceptance obligations. Final acceptance obligations: These include reimbursed recording fees, report and video, final utility inspection, attorney's affidavit and final attorney's affidavit. * * * * * Inspection: Periodic construction site visits by a county representative,the purpose of which is to ascertain/ensure compliance with county-approved construction documents and applicable ordinances, codes and statutes. Such periodic visits shall occur, but not be limited to, during construction of the potable water, non-potable irrigation water and/or wastewater additions, extensions and/or improvements (including road/transportation utilities relocate projects), and after completion of construction Words Underlined are added, [19-EIS-04145/1640850/1] Page 2 of 10 g Words£t,ek-Through are deleted. 178 for final acceptance of the potable water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof by the county). Preliminary acceptance: Transmission mains: Potable water mains 16 inches in diameter and larger over a regional or sub regional arca,wastewater force mains 12 inches in diameter and larger,arm non-potable irrigation water mains six inches in diameter or greaterand larger, and. Also includes water mains used to transport well raw water from a-wells to a potable water treatment plant. * * * * * Utilities performance security(UPS): A performance bond,cash bond, irrevocable letter of credit, or other authorized form of security furnished by the developer to the county or the district, prior to recording of plat or conveyance of utility facilities, (potable water and/or wastewater facilities) and/or non-utility facilities (reclaimed or supplemental water facilities) to guarantee the construction, workmanship and/or materials for the warranty period after the utility system(s) or portion(s) and the non-utility facilities and portions thereof have been conveyed to the county, district, or other appropriate water-sewer district, property. (Refer to section 134-58(e): Utilities performance security.) * * * * * Warranty period: A one-year timeframe following recording of the conveyance documents during which the County holds the developer's utilities performance security. * * * * * Sec. 134-58.- Construction approval and document submissions. * * * * * (e) Utilities performance security . (1) Notwithstanding any other provision(s) in this ordinance, the developer shall be required to furnish a final acceptance obligations cash bond to staff in the amount of$1,000.00 and a utilities performance security ("UPS") in an amount equal to Words Underlined are added, [19-EIS-04145/I640850/l] Page 3 of 10 Words Stfusk-T-h eugh are deleted. 178 1 10 percent of the engineer's estimated probable cost of construction for potable water,non-potable irrigation water(where applicable)and/or wastewater system(s) or portion(s)thereof that will be conveyed to the District or$10,000.00,whichever is greater. The developer shall submit the a!—UPS withprior to final construction documentsrecording the plat. The UPS must be approved by the Collier County Attorney's Office prior to oeihmeneenient recording the plat. A UPS is not required for the construction phase of a project; where the only water distribution, non-potable irrigation water, and/or wastewater infrastructure to be conveyed to the District are service extensions to the project boundary,provided the construction cost of said service extensions does not exceed $100,000.00, pursuant to the LDC requirements. Upon conveyance of utility system(s) or portion(s)thereof to the District,the developer may request a reduction of the UPS for infrastructure installed and inspected to an amount equal to ten percent of the cost of utility construction but not less than $10,000.00. , or if the UPS has bee UPS shall be required on all projects during the guarantee or warranty period as described in this ordinance. The final acceptance obligations cash bond is to reimburse the county er district for any and all late fees and all direct and indirect expenses incurred by the county or district that would not have been incurred if all , , district with regard to any such utility facilities. The minimum amount of this final acceptance obligations cash bond can be changed from time to time by summary agendalutionO e the board e my o . Staff may summarily waive the UPS requirement when the utility facilities/systems are being constructed by, or on behalf of, another governmental entity, such as, but not limited to, the Collier County School Board, a fire district, the State of Florida or any agency thereof, or the Government of the United States or any agency thereof. (2) Upon prelim-in-off conveyance of utility system(s) or portion(s) thereof to the county,the developer may request a reduction in the UPS in an amount equal to ten percent of the probable cost of utility construction for the required guarantee or private, non subdivided property, a ten percent UPS shall be provided to, and accepted by, the county or district prior to preliminary final acceptance of the completed utility system(s) or portion(s) thereof. Whenever reasonably possible, the UPS amount shall be based on the actual bid price of the potable water, non-: potable irrigation water (where applicable) and/or wastewater system((s) or portion(s) thereof that will be conveyed to the District. Whenever a bid price is utilized, a copy of the accepted bidder's proposal form shall be submitted with the [19-F.IS-04145/1640350/1) 4 of 10 Words Underlined are added; PageWords Struck Through are deleted. 17B UPS. An opinion of probable construction cost signed and sealed by a Florida licensed professional engineer will suffice when the actual bid price is not available. The UPS shall be held by the county or district until the end of the warranty period and shall secure and cover the performance of the developer in constructingon-and m the subject permitted potable water, non-potable irrigation water and/or wastewater additions, extensions and/or improvements in accordance with the Manual. Acceptable UPS forms shall be a performance bond, cash bond, irrevocable letter of credit, or escrow agreement. The UPS must specify that the security shall not cease unless and until a year after the board has finally accepted the utility system(s) that are covered by the UPS. No other form of security will be accepted unless a waiver of the requirements herein is granted by the board. All surety companies associated with a performance bond shall hold a current certificate of authority,as issued by the treasury department,as an acceptable surety on federal bonds under an Act of Congress approved July 30, 1947. (4) The issuer of any letter of credit shall be a federally insured and regulated savings and loan association or commercial bank, authorized to do; and doing business; in the State of Florida. The place of expiry must be in Florida. Any letter of credit must be irrevocable for at least 24 months and must apply to both the construction and maintenan e obligations of the developer and all final utility acceptance obligations, including late fees, and must be acceptable to the Collier County Attorney. The beneficiary of any letter of credit shall be the board. The beneficiary of a letter of credit provided as a UPS shall be entitled to draw on the letter of credit if: a. The developer has failed to construct or maintain the subject potable water,non- potable irrigation water and/or wastewater improvements; or has failed to fully perform all final acceptance obligations. Final acceptance obligations must be submitted to community development and environmental services,engineering services division within 11 months following preliminary acceptance. b. The letter of credit is scheduled to expire prior to final acceptancothe end of the warranty period, as described in subsection I34-60(c) herein, and alternative performance security has not been provided and accepted in accordance with this ordinance within three business days prior to the expiration date. (5) A final utility inspection of the subject potable water, non potable irrigation water of a UPS. All construction and maintenance obligations covered by a UPS shall bo provide written notice to the engineer of record, if practicable, approximately 30 [I9-EIS-04145/1640350/I] Page 5 of 10 Words Underlined are added, g Words Struck Through are deleted. 178 of the county, engineer of record, contractor, and developer shall conduct final utility`-i n spec do n. (6 ) The UPS shall remain, at all times, in full force and effect for the duration of the warranty period. Upon such approvalexpiration of the warranty period, the county staff shall schedule an agenda item for the next available regular BCC meeting recommending return and release of the UPS to the project engineer or the developer's designated agent and shall return the then a..e enit balance if any of the final acceptance obligations cash bond, without interest, to the entity that the provider of the final acceptance obligations cash bond does not notify staff in writing to the contrary, the final acceptance obligations cash bond shall run with shall be returned to the then current landowner(s) or, if applicable, owner's of the due to default of the provider of the final acceptance obligations cash bond, it is not possible-fer-staff-to ascertain t of the date of delivery of that cash bond to the county and the district,the cash bond shall be forfeited to the public utilities ,department after deducting all then known obligations payable out of that bond. (f) Construction commencement. Potable water, non-potable irrigation water and/or wastewater system construction shall commence only after receipt of the following: (I) a—Final written approval of the construction documents_re b. Preliminary work authorization(PWA) approval as outlined in the LDC. Sec. 134-59. Construction observation and inspection. * * * * * thereof shall be required prior to any conveyance to and acceptance by the board. During . . section 134 60: Utilities conveyance procedures. [19-EIS-04145/1640850/I] Page 6 of 10 Words Underlined are added, g Words Stwek-T# x+g#are deleted. 178 (el) Final utility inspections. (1) Final utility inspections procedures run with all land in, on or over which the respective utility facilities have been installed (constructed). The final utility inspection of the completed system(s) or portion(s)thereof shall be required prior to final acceptance by the Board. acceptance-date. During this inspection, the utility system(s) or portion(s) thereof shall be examined for any defect in materials and/or workmanship,and for physical and operational compliance with the county staff approved record construction drawings. The UPS shall remain in effect until all final utility acceptance been granted by the board. Refer to section 134-60: Utilities conveyance policies and procedures. , , suii on.. Sec. 134-60. Utilities conveyance policies and procedures. (a) General. All utility facilities to be conveyed to the county or district, at the time of conveyance to the county or the district must comply with this ordinance and with all then applicable standards and specifications.Nothing in this ordinance requires that the county or the district must accept title to or any responsibility for any utility facility, including each interim facility or interim system, until the facility or system has then received all proper permits/licenses from all applicable agencies prior to and during the construction, expansion, repair and/or maintenance or completion of each such utility facility or interim utility facility or interim system and the facility,interim facility and/or interim system,then complies with all applicable rules and regulations of all federal, Florida and/or local regulatory authorities or agencies, and of this ordinance, the utility standards manual and all of the documents then incorporated by reference in that manual, and each such facility, interim facility and/or interim system is not then under litigation, enforcement action, claims and/or liens prior to the transfer and/or entering into a facilities agreement associated with the district or other independent district utility. Subject to these [19-EIS-04145/1640850/I] Page 7 of 10 Words Underlined are added, c Words StruckThreagh are deleted. I r✓r 178 requirements, potable water, non-potable irrigation water and/or wastewater systems or portion(s)thereof,after public utilities department approval (if applicable),shall be offered to be conveyed to and accepted by the board. The board will accept title to the offered facilities unless in the specific instance there exists good reason not to accept title to such facilities. , Upon approval from the public utilities division, final acceptance of such facilities and/or system may be approved by the board after all final acceptance obligations and requirements have been complied with. All facilities and/or systems shall be located within a CUE(or public right-of-way) if they are to be owned, operated and/or maintained by the county or the district. Neither the county nor the district shall have no duty with regard to, or any responsibility for, any utility facilities until title to such utility facilities has been finally accepted by the board. Notwithstanding that neither the county nor the district has any duty with respect to such facilities or systems, in the event that county staff deems that due to necessity(emergency) the county or the district should expend money and/or perform labor to repair, replace, maintain, relocate, remove or have a contractor or other entity perform any other similar activity with regard to such utility facilities or system, the board is authorized to record a claim of lien against the property, site(s) or units(s) that were responsible for such utility facilities (or system) at the time the county staff deemed it necessary to act. (b) Conveyance documents. Upon the county's (or district's) final approval of construction documents, engineering review services division director (county engineer) or designee shall provide the developer with the county's checklist(see standards manual appendix)of conveyance documents required for submission at the time the constructed systems) or portion(s)thereof is considered for dedication to county or district. * * * * * (6) Exhibit B to the warranty deed, bill of sale or combined warranty deed/bill of sale shall be a sketch or other graphic representation showing the physical location of the utility facilities being conveyed to the county or district. It is preferable that the Exhibit B be to scale. Each Exhibit B must describe the facilities being conveyed by type (water line, wastewater line, lift station, etc.). Exhibit B ith stamp that Fead,. ub.,tanti (with blank spaces "The Utility Facilities being conveyed are shown on plans prepared by shccts thru , dated the day of , 20_. These Drawings have been assigned AR number ." (c) Inspection. County staff shall require a final utility inspection of all potable water, non-potable irrigation water and wastewater systems or portion(s) thereof constructed. The construction of all potable water, non-potable irrigation water and/or Words Underlined are added; [I9-E1S-04145/1640850/1] Page 8 of 10 g Words SEwek-Threagh are deleted. l78 wastewater systems or portion(s)thereof shall be observed and certified by the engineer of record and shall be inspected by the county. Refer to subsection 134-59(d): Construction observation and inspection. Sec. 134-61. Amendments. County staff may recommend amendments to this article (including the manual and documents incorporated by reference into the manual)as may be deemed necessary or appropriate by the public utilities administrator and, in case of actual or possible conflict with the LDC, upon the additional prior review by the growth management administrator(it being understood that the LDC controls to the extent of such conflicts). Revisions to the standards manual should be made periodically by the public utilities administrator to reflect the best engineering practices, technology advances, compliance with other agencies, and public input, if any. Such revisions shall also be reviewed by the parties listed above. Revisions to the standards manual must be approved by an advertised Resolution of the board of county commissioners.Each such resolution must be placed on the BCC agenda under filed-advertised public hearings or in the summary agenda section. * * * * * Sec. 134-64. Appendix A—Standard legal documents. * * * * * INSTRUCTIONS. [Unless waived in writing by the reviewing Assistant County Attorney in the specific instance,the date of each document cannot be signed and dated more than sixty (60) days prior to the-meeting submittal of the subject utility facility documents.] * * * * * 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. The provisions of this Ordinance, including the Standards Manual, shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare, and convenience. If any court of competent jurisdiction holds any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. [19-EIS-04145/1640850/1] Page 9 of 10 Words Underlined are added; g Words Struck T#eHgk are deleted. 178 SECTION THREE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and may be made a part of the Code of Laws and Ordinances of Collier County,Florida. The section of the Ordinance 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 FOUR: Effective Date. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,as the Governing Body of Collier County,Florida,and as the Ex-Officio Governing Board of the Collier County Water-Sewer District,this 13th day of July, 2021. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA, AND AS THE EX-OFFICIO ATTEST: GOVERNING BOARD OF THE COLLIER CRYSTAL K. KINZEL, CLERK COUNTY WATER-SEWER DISTRICT By: By: Deputy Clerk Penny Taylor, Chairman Approved as to Form and Legality: II Derek D. Perry Q- Assistant County Attorney \) `(L,\ `\\ \ � l [19-EIS-04I45/1640850/1] Page 10 of 10 Words Underlined are added; a Words SttaelF Hreogk are deleted. 1 7 B Acct #324207 June 22, 2021 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: Amending Ordinance 2004-31, Collier County Utilities Standards & Procedures Ordinance Dear Legals: Please advertise the above referenced notice (in the Classified Section of the paper) on Wednesday, June 30, 2021 and kindly send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500211329 178 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on July 13, 2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL., to 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 AMENDING COLLIER COUNTY ORDINANCE NO. 2004-31, AS AMENDED, KNOWN AS THE COLLIER COUNTY UTILITIES STANDARDS AND PROCEDURES ORDINANCE, AS CODIFIED IN SECTIONS 134-51 THROUGH 134-64 OF THE CODE OF LAWS AND ORDINANCES, TO UPDATE THE REGULATIONS GOVERNING THE INSTALLATION OF SUSTAINABLE AND SAFE UTILITIES INFRASTRUCTURE WITHIN THE COUNTY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is 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 manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of any 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 materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meeting through the link provided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any 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. 17B 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 Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Martha S. Vergara 1 7 D From: Martha S. Vergara Sent: Tuesday, June 22, 2021 3:16 PM To: Naples Daily News Legals Subject: Ord. Amending Ord. 2004-31, Utility Standards & Procedures Ord. Attachments: Amending Ordinance 2004-31 (7-13-21 BCC).docx; Amending Ordinance 2004-31 (7-13-21 BCC).docx Hello, Please advertise the following attached on Wednesday, June 30, 2021. (Please place this ad were legal notices are placed.) Please forward an ok when received, if you have any questions feel free to call. Thanks, Martha Vergara BMR &VAB Senior Deputy Clerk Office: 239-252-7240 Fax: 239-252-8408 E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County `,�< 3299 Tamiami Trail E, Suite #401 "N Naples, FL 34112 www.CollierClerk.com i Martha S. Vergara 1 7 B From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Tuesday, June 22, 2021 3:16 PM To: Martha S. Vergara Subject: DO NOT REPLY External Message:Please use caution when opening attachments, clicking links, or replying to this message. This is an auto generated email, please do not reply. Please note the Legal Dept will be closed July 5th for the Holiday. Early deadlines will be in effect ask for details to avoid any delays in processing and publishing. The legal department has received your email and will be processing your notice as soon as possible. We will provide a proof as well as publication dates, cost and payment requirements prior to the notice running. All Legal/Public Notices will be processed for the desired publication if received by deadline. Office Hours: Monday— Friday 8:00 am -5:00 pm CST/EST Thank you for your business. Gannett Legal/Public Notice Department 178 Martha S. Vergara From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Tuesday, June 22, 2021 3:32 PM To: Martha S. Vergara Subject: RE:4793618 Ord. Amending Ord. 2004-31, Utility Standards & Procedures Ord. Attachments: OrderConf.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello, Your notice is scheduled to publish Jun 30 in the Daily News The total cost of your notice is $546, which includes a publisher affidavit that will be mailed to you after the last date of publication. Thank you, Madison Weber Public Notice Representative L GALI Office:844-254-5287 From: Martha S.Vergara <Martha.Vergara@collierclerk.com> Sent:Tuesday,June 22, 2021 2:16 PM To: NDN-Legals<legals@naplesnews.com> Subject:4793618 Ord. Amending Ord. 2004-31, Utility Standards & Procedures Ord. Hello, Please advertise the following attached on Wednesday,June 30, 2021. (Please place this ad were legal notices are placed.) Please forward an ok when received, if you have any questions feel free to call. Thanks, 1. t4i, 1 le PART OF THE USA TODAY NETWORK BCC COMPREHENSIVE PL 3299 TAMIAMI TRL E 700 NAPLES FL 34112- Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due 1303804 0004793618 $546.00 $0.00 $546.00 Invoice $0.00 $546.00 Sales Rep: mweber Order Taker: mweber Order Created 06/22/2021 Product #Ins Column Agate Lines Start Date End Date NDN-Naples Daily News 1 2.00 156 06/30/2021 06/30/2021 NDN-naplesnews.com 1 2.00 156 06/30/2021 06/30/2021 *ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION Text of Ad: 06/22/2021 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE 8 Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on July 13,2021, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Na- ples FL., to 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 AMENDING COLLIER COUNTY ORDINANCE NO. 2004-31, AS AMENDED, KNOWN AS THE COLLIER COUNTY UTIL- ITIES STANDARDS AND PROCEDURES ORDINANCE, AS CODIFIED IN SECTIONS 134-51 THROUGH 134-64 OF THE CODE OF LAWS AND ORDINANCES, TO UPDATE THE REGULATIONS GOVERNING THE INSTALLATION OF SUSTAINABLE AND SAFE UTILITIES IN- FRASTRUCTURE WITHIN THE COUNTY; PROVIDING FOR CON- FLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EF- FECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is 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 manager prior to presentation of the agenda item to be addressed. Individual speakers will be limit- ed to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or or- ganization 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 materials used in pre- sentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the oppor- tunity to provide public comments remotely, as well as in per- son, during this proceeding. Individuals who would like to par- ticipate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meet- ing through the link provided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For addition- al information about the meeting please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov . Any person who decides to appeal any 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 accommoda- tion 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 Division, locat- ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR,CHAIRMAN CRYSTAL K.KINZEL,CLERK By: Martha Vergara,Deputy Clerk (SEAL) Pub Dates:June 30,2021 #4793618 17B Martha S. Vergara From: Martha S. Vergara Sent: Wednesday, June 23, 2021 8:06 AM To: RodriguezWanda; ChmelikTom; 'raineyjennifera@colliercountyfl.gov'; 'PerryDerek' Subject: Ord.Amending Ord. 2004-31 Utilities Standards & Procedures Ord. Attachments: OrderConf.pdf Morning All, Attached is the ad proof for the above referenced ad request. Please let me know if any changes are needed. Thanks, Martha Vergara BMR &VAB Senior Deputy Clerk k_s�E„ Office: 239-252-7240 Fax: 239-252-8408 E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com i 1 ? B Martha S. Vergara From: ChmelikTom <Tom.Chmelik@colliercountyfl.gov> Sent: Wednesday, June 23, 2021 9:06 AM To: RodriguezWanda Cc: PerryDerek; FeyEric; RaineyJenniferA Subject: Utilities Ordinance and Manual ads Attachments: ad proof: Resolution - Amendment to Utilities Standards Manual; ad proof: Ord. Amending Ord. 2004-31 Utilities Standards & Procedures Ord. Wanda, Both ads are approved as requested in your two attached emails. Thank you for your prompt assistance. Respectfully, Tom Chmelik Division Director Ci8JLt7er C014.11tY Public Utilities Department Engineering& Project Management Division Motto: "Continuous Improvement" 3339 Tamiami Trail East, Suite 303, Naples, FL 34112-5361 Phone: 239-252-6213 Cell: 239-438-0824 www.colliercountyfl.gov "HOW ARE WE DOING?" Please click here for our Customer Service Survey Under Florida Law, 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 / ti Martha S. Vergara From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Wednesday, June 23, 2021 8:18 AM To: ChmelikTom Subject: ad proof: Ord. Amending Ord. 2004-31 Utilities Standards & Procedures Ord. Attachments: OrderConf.pdf Tom, Please review the attached proof and advise if approved for publication. -Wanda Rodriguez, MCP, CTN1 Office of the County .Attorney (239) 252-8400 From: Martha S. Vergara <Martha.Vergara@collierclerk.com> Sent: Wednesday, June 23, 2021 8:06 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; ChmelikTom <Tom.Chmelik@colliercountyfl.gov>; 'raineyjennifera@colliercountyfl.gov' <raineyjennifera@colliercountyfl.gov>; PerryDerek <Derek.Perry@colliercountyfl.gov> Subject: Ord. Amending Ord. 2004-31 Utilities Standards & Procedures Ord. EXTERNAL EMAIL This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Morning All, Attached is the ad proof for the above referenced ad request. Please let me know if any changes are needed. Thanks, Martha Vergara BMR&VAB Senior Deputy Clerk Office: 239-252-7240 Fax: 239-252-8408 E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com i 1 ? B Martha S. Vergara From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Thursday,June 24, 2021 9:26 AM To: Minutes and Records; Martha S. Vergara Cc: ChmelikTom; RaineyJenniferA Subject: proof approval: Ord.Amending Ord. 2004-31 Utilities Standards & Procedures Ord. Attachments: OrderConf.pdf; Utilities Ordinance and Manual ads; RE: proof for approval: Ord. Amending Ord. 2004-31 Utilities Standards & Procedures Ord. Martha, Staff and CAO approvals are attached. Thank you, Wanda Rodriguez, .ACT, CPI Office of the County .Attorney (239) 252-8400 From: Martha S. Vergara <Martha.Vergara@collierclerk.com> Sent: Wednesday, June 23, 2021 8:06 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; ChmelikTom <Tom.Chmelik@colliercountyfl.gov>; 'raineyjennifera@colliercountyfl.gov' <raineyjennifera@colliercountyfl.gov>; PerryDerek <Derek.Perry@colliercountyfl.gov> Subject: Ord. Amending Ord. 2004-31 Utilities Standards & Procedures Ord. EXTERNAL EMA! This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Morning All, Attached is the ad proof for the above referenced ad request. Please let me know if any changes are needed. Thanks, 1 Martha S. Vergara 1 7 8 From: Martha S. Vergara Sent: Thursday, June 24, 2021 9:40 AM To: 'Gannett Legals Public Notices 4' Subject: RE: 4793618 Ord. Amending Ord. 2004-31, Utility Standards & Procedures Ord. Morning Madison, This ad proof has been reviewed and approved by the legal department. Please proceed with publishing as requested. Thanks Martha From: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Sent:Tuesday,June 22, 2021 3:32 PM To: Martha S. Vergara <Martha.Vergara@collierclerk.com> Subject: RE: 4793618 Ord.Amending Ord. 2004-31, Utility Standards & Procedures Ord. ixte r tvMess gEA. Please use caution when opening attachments,clicking links,or replying to this message. Hello, Your notice is scheduled to publish Jun 30 in the Daily News The total cost of your notice is $546, which includes a publisher affidavit that will be mailed to you after the last date of publication. Thank you, NETWORK LOCALI Office:844-254-5287 From: Martha S. Vergara <Martha.Vergara@collierclerk.com> Sent:Tuesday,June 22, 2021 2:16 PM To: NDN-Legals<legals@naplesnews.com> Subject: 4793618 Ord. Amending Ord. 2004-31, Utility Standards & Procedures Ord. Hello, 1 ),a) • • 178 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the = Collier County Board of County Commissioners on July 13,2021, - in the Board of County Commissioners Meeting Room, Third r Floor, Collier Government Center, 3299 Tamiami Trail East, Na- ples FL., to consider the enactment of a County Ordinance.The H. meeting will commence at 9:00 A.M. The title of the proposed rn Ordinance is as follows: m • AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2004-31, AS AMENDED, KNOWN AS THE COLLIER COUNTY UTIL- ITIES STANDARDS AND PROCEDURES ORDINANCE, AS CODIFIED 0 IN SECTIONS 134-51 THROUGH 134-64 OF THE CODE OF LAWS AND ORDINANCES, TO UPDATE THE REGULATIONS GOVERNING _. THE INSTALLATION OF SUSTAINABLE AND SAFE UTILITIES IN- FRASTRUCTURE WITHIN THE COUNTY; PROVIDING FOR CON- FLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE m . CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EF- C1 FECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to p the Board and is available for inspection. All interested parties are invited to attend and be heard. L- NOTE: All persons wishing to speak on any agenda item must C register with the County manager prior to presentation of the Z agenda item to be addressed. Individual speakers will be limit- m ed to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If o recognized by the Chairman, a spokesperson for a group or or- N ', ganization may be allotted 10 minutes to speak on an item. O N 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, qp. 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 materials used in pre- sentations before the Board will become a permanent part of the record. As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public will have the oppor- tunity to provide public comments remotely, as well as in per- son, during this proceeding. Individuals who would like to par- ticipate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meet- mg through the link provided on the front page of the County website at www.colliercountyfl.gov. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. For addition- al information about the meeting please tall Geoffrey Willig at 252-8369 or email to Geoffrey.Willigecolliercountyfl.gov_, Any person who decides to appeal any 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 accommoda- tion 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 Division, locat- ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA PENNY TAYLOR,CHAIRMAN CRYSTAL K.KINZEL,CLERK By: Martha Vergara,Deputy Clerk (SEAL) Pub Dates:June 30,2021 #4793618 17B talItt NJWLi PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 BCC COMPREHENSIVE PL ANNING DEV 3299 TAMIAMI TRL E 700 NOTICE OF PUBLIC HEARING NAPLES, FL 34112 NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier CountyBoard of County Commissioners on July 13,2021, Affidavit of Publication in the Board ofCounty Commissioners Meeting Room, 'Third Floor, Collier Government Center, 3299 Tamiami Trail East, Na- STATE OF WISCONSIN pies FL., to consider the enactment of a County Ordinance.The COLJN iY OF BROWN meeting will commence at 9;0O.Am.The title of the proposed Ordinance is as follows: Before the undersigned they serve as the authority, AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2004-31,AS AMENDED, KNOWN AS THE COLLIER COUNTY UTIL- personally appeared said legal clerk who on oath says that ITIES STANDARDS AND PROCEDURES ORDINANCE, AS CODIFIED he/she serves as Legal Cisrk of the Naples Daily News, a IN SECTIONS 134-51 THROUGH 134-64 OF THE CODE OF LAWS AND ORDINANCES, TO UPDATE THE REGULATIONS GOVERNING daily newspaper published at Naples, in Collier County, THE INSTALLATION OF SUSTAINABLE AND SAFE UTILITIES IN- Florida; distributed in Collier and Lee counties of Florida; FRASTRUCTURE WITHIN THE COUNTY; PROVIDING FOR CON- FLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE that the attached copy of the advertising was published in CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EF- said newspaper on dates listed. Affiant further says that the FECTIVE DATE. said Naples Daily News is a newspaper published at A copy of the proposed Ordinance is on file with the Clerk to Naples, in said Collier County, Florida, and that the said the Board and is available for inspection. All interested parties has heretofore been continuouslyare invited to attend and be heard. newspaper published in said NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the Collier County, Florida; distributed in Collier and Lee agenda item to be addressed. Individual speakers will he limit- edeach to 3 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If second class mail matter at the post office in Naples, in recognized by the Chairman, a spokesperson for a group or or- said Collier County, Florida, for a period of one year next ganization may be allotted 10 minutes to speak on an item. preceding the first publication of the attached copy of Persons wishing to have written or graphic rnaterwh included in advertisement; and affiant further says that he has neither the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, paid nor promised any person, or corporation any discount, written materials intended to be considered by the Board shall rebate?, commission or refund for the purpose of securing be submitted to the appropriate County staff a minimum of seven days prior to the public hearing.All materials used in pre- this advertisement for publication in the said newspaper. sentations before the Board will become a permanent part of the record. Published: 06/30/2021 As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic the public will have the oppor- tunity---a--- to provide public comments remotely, as well as in per- son,during this proceeding. Individuals who would like to par- ticipate remotely, should register any time after the agenda is posted on the County website which is 6 days before the meet- Subscribed and sworn to before on June 30,2021. ing through the link provided on the front page of the County website at www.coilsercountyfl.gov. Individuals who register will receive an email In advance of the public hearing detailing how they can participate remotely in this meeting.For addition- al information about the meeting please call Geoffrey Willig at 252-8369 or email to Geoffrey.Williga2colllercountyfl.gav, Notary, State of WI County of Brown Any person who decides to appeal any 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 n, z v.t; h �f;;l proceedings is made, which record includes the testimony and t I evidence upon which the appeal is based. If you are a person with a disability who needs any aceommoda- ! =a cif 'Wisconsin bon 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 Division,locat- ed at 3335 Tamiami Trail East,Suite 101, Naples, FL 34112-5356, — — (239) 252-8380, at least two days prior to the meeting. Assisted My commission expires August 6,2021 listening devices for the hearing impaired are available in the Board of County Commissioners Office, BOARD OF COUNTY COMMISSIONERS Publication Cost: S546.00 COLLIER COUNTY,FLORIDA Ad No. 0004793618 PENNY TAYLOR,CHAIRMAN Customer No: 1303804 CRYSTAL K.KINZEL,CLERK By: Martha Vergara,Deputy Clerk PO 4: INTENT 10 CONSIDER p y(SEAL) /I of Aif tiavils 1 Pub Dates:June 30,2021 #4793618 This is not an invoice ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO I , 8 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee s (List in routing order) Office Initials Date / 3 County Attorney Office County Attorney Office P i I l 13 2� 4. BCC Office Board of County Commissioners ji' ) a 5. Minutes and Records Clerk of Courts Office &L O —111/2-1 PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff Eric Fey/Public Utilities Engineering& Phone Number 252-1037 Contact/ Department Project Management Division Agenda Date Item was 7/13/2021 Agenda Item Number I 7B Approved by the BCC Type of Document Ordinance Number of Original 1 Attached 0a3*-"a-t1 Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be EF signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the EF document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's t� D signature and initials are required. !� 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. 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 your deadlines! 8. The document was approved by the BCC on 7/13/2021 and all changes made during the meeting have been incorporated in the attached document. The County pO P !to *if f Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the '!1(44‘tAig BCC,all changes directed by the BCC have been made,and the document is ready for the c,r +• +' ' Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 11B Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday,July 20, 2021 8:28 AM To: 'countyordinances@dos.myflorida.com' Subject: CLL20210720_Ordinance2021_24 Attachments: CLL20210720_Ordinance2021_24.pdf COUNTY: CLL (COLLIER) ORDINANCE NUMBER: 2021-24 SENT BY: Collier County Clerk of the Circuit Court Board Minutes & Records Departonevtt 23 9-252-8 406 Thank you! Ann JenneJotin OMR Senior Deputy Clerk II tttTZYc*i Clerk to the Value Adjustment Board Or ,. e. Office: 239-252-8406 Fax: 239-252-s40s (if applicable) Ann.Jennejohn@CollierClerk.com r` 1 Office of the Clerk of the Circuit Court ` & Comptroller of Collier County 3299 Tamiami Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.com i 17 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, July 20, 2021 10:19 AM To: FeyEric Subject: Ordinance 2021-24 (Item #17B 7-13-21 BCC Meeting) Attachments: Ordinance 2021-24.pdf Good Morning, A copy of Ordinance 2021-24, adopted by the 13CC on July 13, 2021, and validated by the State this morning, is attacked For your records. Thank you! Ann Jenne,jonn 13MR Senior Deputy Clerk If ,.tatxceut. Clerk to the Value Adjustment Board er, Office: 23q-252-8406 Fax: 23q-252-8408 (if applicable) Ann.Jennejohn@CollierClerk.cowt Ntlt Office of the Clerk of the Circuit Court `ra & Comptroller of Collier County 329q Tawtiawi Trait, Suite #401 Naples, FL 34112-5324 www.CollierClerk.com i 1 18 ORDINANCE NO. 2021 - 24 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2004-31, AS AMENDED, KNOWN AS THE COLLIER COUNTY UTILITIES STANDARDS AND PROCEDURES ORDINANCE, AS CODIFIED IN SECTIONS 134-51 THROUGH 134-64 OF THE CODE OF LAWS AND ORDINANCES, TO UPDATE THE REGULATIONS GOVERNING THE INSTALLATION OF SUSTAINABLE AND SAFE UTILITIES INFRASTRUCTURE WITHIN THE COUNTY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 11, 2004, the Board of County Commissioners of Collier County, Florida,as the Governing Body of Collier County,Florida,and as the Ex-Officio Governing Board of the Collier County Water-Sewer District, concurrently adopted Collier County Ordinance No. 2004-31,known as the Collier County Utilities Standards and Procedures Ordinance,together with the Utilities Standards Manual, including all of the Manual's exhibits (the "Ordinance"). These documents provide County procedures and guidelines for the design, construction and repair of both privately constructed and County constructed utility systems in Collier County; and WHEREAS, Collier County Ordinance No. 2004-31 has been previously amended by Ordinance Nos. 2006-48, 2007-60, and 2018-36, and by numerous Resolutions amending the Collier County Water-Sewer District Utilities Standards Manual, which is incorporated by reference into the Ordinance; and WHEREAS, a 2017 benchmarking study by Tetra Tech that was updated and expanded in 2019 and discussions amongst staff and the Development Services Advisory Committee (DSAC) Utilities Subcommittee prompted proposed amendments to the Ordinance; and WHEREAS, the Board wishes to update the Collier County Utilities Standards and Procedures Ordinance to simplify and optimize the County's conveyance process in ways that are mutually beneficial to the County and the land development industry while preserving high-quality and best-value utility services to Collier County Public Utilities customers. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA,AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that SECTION ONE: The following Sections of Ordinance No. 2004-31, as amended, and codified in Chapter 134, Article III, of the Code of Laws and Ordinances are amended as follows: [19-EIS-04145/1640850/1] Page 1 of 10 Words Underlined are added; g Words Struck Through are deleted. Cpll� 178 Sec. 134-56. -Definitions and abbreviations. * * * * * District service area: All geographic areas where the District is then authorized to provide potable water and/or wastewater service, and/or non-potable irrigation water, and/or bulk service, by general law or by Special Act(s) of the Florida Legislature, including all such geographic areas then being served with interim service by any other service provider. The following areas are not of each municipality as those municipal boundaries existed on the effective date of Chapter 2003 Water and Sewer District; and (4) all area within the geographic boundaries of each utility service area then actively eertifca+«, +e rn-scbJ cc+-ctiriryy- tcrnhe-Cvrrierr Go uity—W rter Waste .ater (, _ 367,Florida Statute , sdiet: back to the FP C (f, 1. ch ce«t:fcµted µleµ _al is . e). proposing construction of such facilities and/or system, who or which is providing or proposes to except: (1) Property used solely or principally in the business of bottling, selling,distributing or furnishing bottled water; and (2) Subject to Chapter 2003 353, Laws of Florida, such facilities or system(s) owned, operated, managed, or controlled by another government or governmental agency. * * * * * Final acceptance: Acceptance by the board of potable water, non-potable irrigation water and/or wastewater systems at least ^ ^ after eliminary ptance, and after satisfactory completion of all final acceptance obligations. Final acceptance obligations: These include reimbursed recording fees, report and video, final utility inspection, attorney's affidavit and final attorney's affidavit. * * * * * Inspection: Periodic construction site visits by a county representative,the purpose of which is to ascertain/ensure compliance with county-approved construction documents and applicable ordinances, codes and statutes. Such periodic visits shall occur, but not be limited to, during construction of the potable water, non-potable irrigation water and/or wastewater additions, extensions and/or improvements (including road/transportation utilities relocate projects), and after completion of construction (r l' ptan e r r t„ ^ e e f the u:red Words Underlined are added, [19-EIS-04145/1640850/l] Page 2 of 10 Words Struck Through are deleted. 0 1 ? 8 the district),and after the one year contractual guarantee period(for final acceptance of the potable water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof by the county). * * * * * t ; cluding final ections_ * * * * * Transmission mains: Potable water mains 16 inches in diameter and larger that distribute water over a regional or sub regional area,wastewater force mains 12 inches in diameter and larger,and non-potable irrigation water mains six inches in diameter or greaterand larger, and. Also includes water mains used to transport well-raw water from a-wells to a potable water treatment plant. * * * * * Utilities performance security(UPS): A performance bond, cash bond, irrevocable letter of credit, or other authorized form of security furnished by the developer to the county or the district, prior to recording of plat or conveyance of utility facilities, (potable water and/or wastewater facilities) and/or non-utility facilities (reclaimed or supplemental water facilities) to guarantee the construction, workmanship and/or materials for the warranty period after the utility system(s) or portion(s) and the non-utility facilities and portions thereof have been conveyed to the county, district, or other appropriate water-sewer district, or upon completion of the utility system(s) or portion(s) and the non utility systems and portions thereof when construction occurs on private property. (Refer to section 134-58(e): Utilities performance security.) * * * * * Warranty period: A one-year timeframe following recording of the conveyance documents during which the County holds the developer's utilities performance security. * * * * * Sec. 134-58. - Construction approval and document submissions. * * * * * (e) Utilities performance security . (1) Notwithstanding any other provision(s) in this ordinance, the developer shall be required to furnish a final acceptance obligations cash bond to staff in the amount of$1,000.00 and a utilities performance security ("UPS") in an amount equal to [19-EIS-04145/1640850/1] Page 3 of 10 Words Underlined are added; g Words Straek-T4xettgh are deleted. `7 1 i 110 percent of the engineer's estimated probable cost of construction for potable water,non-potable irrigation water(where applicable)and/or wastewater system(s) or portion(s)thereof that will be conveyed to the District or$10,000.00,whichever is greater. The developer shall submit the final acceptance obligations cash bond and-UPS witliprior to final construction documentsrecording the plat. The UPS must be approved by the Collier County Attorney's Office prior to commencement of utility constructionrecording the plat.The final acceptance obligations cash bond shall be required,but aA UPS is not required for the construction phase of a project; where the only water distribution, non-potable irrigation water, and/or wastewater infrastructure to be conveyed to the District are service extensions to the project boundary,provided the construction cost of said service extensions does not exceed $100,000.00, or if the UPS has been previously provided to the County or District, pursuant to the LDC requirements. Upon conveyance of utility system(s) or portion(s)thereof to the District,the developer may request a reduction of the UPS for infrastructure installed and inspected to an amount equal to ten percent of the cost of utility construction but not less than $10,000.00. , or if the UPS has been previously provided to the county or district, pursuant to the LDC requirements. A UPS shall be required on all projects during the guarantee or warranty period as described in this ordinance. The final acceptance obligations cash bond is to reimburse the county or district for any and all late fees and all direct and indirect expenses incurred by the county or district that would not have been incurred if all duties .,nd sibilities had been p ptly pert Bible party as required by this ordinance, including,and not limited to,final attorney's affidavit, all costs of final utility inspection(s), recording fees, one year sewer viewer report, video, costs of mailing or otherwise providing all notices, and emergency repairs and/or maintenance to the respective utility system conducted by the county or district with regard to any such utility facilities. The minimum amount of this final acceptance obligations cash bond can be changed from time to time by summary agenda resolution(s) of the board of county commissioners. Staff may summarily waive the UPS requirement when the utility facilities/systems are being constructed by, or on behalf of, another governmental entity, such as, but not limited to, the Collier County School Board, a fire district, the State of Florida or any agency thereof, or the Government of the United States or any agency thereof. (2) i Tpon m reliin..ry e f' „tility m(s\,ste o tion(s) thereof to the 1 county,the developer may request a reduction in the UPS in an amount equal to ten percent of the probable cost of utility construction for the required guarantee or warranty period. For completion of system(s) or portion(s) thereof constructed on private, non subdivided property, a ten percent UPS shall be provided to, and accepted by, the county or district prior to preliminary final acceptance of the completed utility system(s) or portion(s) thereof. Whenever reasonably possible, the UPS amount shall be based on the actual bid price of the potable water, non-: potable irrigation water (where applicable) and/or wastewater systems) or portion(s) thereof that will be conveyed to the District. Whenever a bid price is utilized, a copy of the accepted bidder's proposal form shall be submitted with the Words Underlined are added, [19-EIS-04145/1640850/1] Page 4 of 10 g Words Struck Through are deleted. 0 UPS. An opinion of probable construction cost signed and sealed by a Florida licensed professional engineer will suffice when the actual bid price is not available. The UPS shall be held by the county or district until the end of the warranty period and shall secure and cover the performance of the developer in constructi gon and maintaining the subject permitted potable water, non-potable irrigation water and/or wastewater additions, extensions and/or improvements in accordance with the Manual. Acceptable UPS forms shall be a performance bond, cash bond, irrevocable letter of credit, or escrow agreement. The UPS must specify that the security shall not cease unless and until a year after the board has finally accepted the utility system(s)that are covered by the UPS. No other form of security will be accepted unless a waiver of the requirements herein is granted by the board. All surety companies associated with a performance bond shall hold a current certificate of authority,as issued by the treasury department,as an acceptable surety on federal bonds under an Act of Congress approved July 30, 1947. * * * * * (4) The issuer of any letter of credit shall be a federally insured and regulated savings and loan association or commercial bank, authorized to do;and doing business; in the State of Florida. The place of expiry must be in Florida. Any letter of credit must be irrevocable for at least 24 months and must apply to both the construction and maintenance obligations of the developer and all final utility acceptance obligations, including late fees, and must be acceptable to the Collier County Attorney. The beneficiary of any letter of credit shall be the board. The beneficiary of a letter of credit provided as a UPS shall be entitled to draw on the letter of credit if: a. The developer has failed to construct or maintain the subject potable water,non- potable irrigation water and/or wastewater improvements; or has failed to fully perform all final acceptance obligations. Final acceptance obligations must be submitted to community development and environmental services, engineering services division within 11 months following preliminary acceptance. b. The letter of credit is scheduled to expire prior to final acceptancethe end of the warranty period, as described in subsection 134-60(c) herein, and alternative performance security has not been provided and accepted in accordance with this ordinance within three business days prior to the expiration date. (5) A final utility inspection of the subject potable water, non potable irrigation water andLer-wastewater--system(-&-)-ew-peFtien(6)4eFeef-thal-1-13e-sendusted-pr-ier--te-r-elease of a UPS. All construction and maintenance obligati ns erea by ^ r roc shall be guaranteed and maintained by the developer until satisfactory completion of the f 1 tilit ction To schedule the f nal utility: ectio the, .mot y staff shall days prior to the completion of the one year period from acceptance by the county, the district or the board of the system(s) or portion(s) thereof. The representatives [19-EIS-04145/1640850/1] Page 5 of 10 Words Underlined are added, g Words Struck- hThrough are deleted. /_�` i ? 6 of the county, engineer of record, contractor, and developer shall conduct final utility inspection. (65) The final acceptance obligations cash bond and the UPS shall remain, at all times, in full force and effect until the board approves final acccptanccfor the duration of the warranty period. Upon such approvalexpiration of the warranty period, the county staff shall schedule an agenda item for the next available regular BCC meeting recommending return and release of the UPS to the project engineer or the developer's designated agent and shall return the then due payment balance, if any, of the final acceptance obligations cash bond, without interest, to the entity that supplied the final acceptance obligations cash-bond. The provider ef-the cash bond shall be strictly responsible to promptly keep c mail' + 4 t: n to f cilit..te return efthe then due , sb bond b..l..n e If the provider of the final acceptance obligations cash bond does not notify staff in writing to the contrary, the final acceptance obligations cash bond shall run with the land if the land is sold or otherwise transferred in the interim and in such event shall be returned to the then current 1 d er(s` if pliable of the common areas, such as the condominium association or developer's association. If due to default of the provider of the final acceptance obligations cash bond, it is not of the date of delivery of that cash bond to the county and the district,the cash bond shall be forfeited to the public utilities department after deducting all then known obligations payable out of that bond. (f) Construction commencement. Potable water, non-potable irrigation water and/or wastewater system construction shall commence only after receipt of the following: (1) ft —Final written approval of the construction documents,Tef b. Preliminary work authorization (PWA) approval as outlined in the LDC. * * * * * Sec. 134-59. Construction observation and inspection. * * * * * (e) Preliminary inspections. A preliminary inspection of the completed system(s)or portion(s) thereof shall be required prior to any conveyance to and acceptance by the board. During this inspection,the utilities will be checked for compliance with the approved construction drawings and/or approved revised construction drawings ^11 systems must be f and to be revised construction drawings, prior to conveyance to the board for acceptance. Refer to section 131 60: Utilities conveyance procedures. Words Underlined are added; [19-EIS-04145/1640850/1] Page 6 of 10 g Words Struck T�Through are deleted. t9 l�l� 178 (ef) Final utility inspections. (1) Final utility inspections procedures run with all land in, on or over which the respective utility facilities have been installed (constructed). The final utility inspection of the completed system(s) or portion(s) thereof shall be required prior to final acceptance by the Board. h 11 b du teed nxo earlierchan one y no later than one year and 60 days after preliminary acceptance of the utility system(s) or portion(s) thereof by the board. Each final utility inspection shall be delinquent (overdue) if not completed and passed within 11 months after that acceptance date. During this inspection, the utility system(s) or portion(s) thereof shall be examined for any defect in materials and/or workmanship,and for physical and operational compliance with the county staff approved record construction drawings. The UPS shall remain in effect until all final utility acceptance l.l' t' h b o s..tisf ct„rily , pleted, p sorl_and F nal cepta nce h s been granted by the board. Refer to section 134-60: Utilities conveyance policies and procedures. utility inspections and other failures to comply with final utility inspection requirements, including all final utility acceptance obligations. The notice shall allow 60 days after receipt of the notice to comply fully with all final acceptance procedures. Any utility facilities that have not passed all final acceptance obligations not later than 60 days after receipt of the notice shall subject the service site and all units served by the utility facilities to all penalty provisions of this ordinance, including withholding of all additional county 't o t:, . g tho es;to ,tea it chid, but .t limited to, site development or site improvement plans, construction permits, and/or any amendments to any of the same. Subject to J the--netieo, those apply to final utility inspections that were delinquent prior to the effective date of this subsection. Sec. 134-60. Utilities conveyance policies and procedures. (a) General. All utility facilities to be conveyed to the county or district, at the time of conveyance to the county or the district must comply with this ordinance and with all then applicable standards and specifications.Nothing in this ordinance requires that the county or the district must accept title to or any responsibility for any utility facility, including each interim facility or interim system, until the facility or system has then received all proper permits/licenses from all applicable agencies prior to and during the construction, expansion, repair and/or maintenance or completion of each such utility facility or interim utility facility or interim system and the facility,interim facility and/or interim system,then complies with all applicable rules and regulations of all federal, Florida and/or local regulatory authorities or agencies, and of this ordinance, the utility standards manual and all of the documents then incorporated by reference in that manual, and each such facility, interim facility and/or interim system is not then under litigation, enforcement action, claims and/or liens prior to the transfer and/or entering into a facilities agreement associated with the district or other independent district utility. Subject to these Words Underlined are added; [19-EIS-04145/1640850/1] Page 7 of 10 g Words StruckStnielE4hreugh are deleted. 118 requirements, potable water, non-potable irrigation water and/or wastewater systems or portion(s)thereof,after public utilities department approval (if applicable), shall be offered to be conveyed to and accepted by the board. The board will accept title to the offered facilities unless in the specific instance there exists good reason not to accept title to such facilities. Preliminary acceptance shall, after public utilities department approval (if Upon approval from the public utilities division, final acceptance of such facilities and/or system may be approved by the board (subsequent to the one year warranty period) and after all final acceptance obligations and requirements have been complied with. All facilities and/or systems shall be located within a CUE(or public right-of-way) if they are to be owned, operated and/or maintained by the county or the district. Neither the county nor the district shall have no duty with regard to, or any responsibility for, any utility facilities until title to such utility facilities has been finally accepted by the board. Notwithstanding that neither the county nor the district has any duty with respect to such facilities or systems, in the event that county staff deems that due to necessity(emergency) the county or the district should expend money and/or perform labor to repair, replace, maintain, relocate, remove or have a contractor or other entity perform any other similar activity with regard to such utility facilities or system, the board is authorized to record a claim of lien against the property, site(s) or units(s) that were responsible for such utility facilities (or system) at the time the county staff deemed it necessary to act. * * * * * (b) Conveyance documents. Upon the county's (or district's) final approval of construction documents, engineering review services division director (county engineer) or designee shall provide the developer with the county's checklist(see standards manual appendix) of conveyance documents required for submission at the time the constructed system(s) or portion(s)thereof is considered for dedication to county or district. * * * * * (6) Exhibit B to the warranty deed, bill of sale or combined warranty deed/bill of sale shall be a sketch or other graphic representation showing the physical location of the utility facilities being conveyed to the county or district. It is preferable that the Exhibit B be to scale. Each Exhibit B must describe the facilities being conveyed by type (water line, wastewater line, lift station, etc.). Staff shall stamp each such Exhibit B with a completed with correct information): "The Utility Facilities being conveyed are shown on plans prepared by , sheets thru , dated the day of , 20 . These Drawings have been assigned AR number ." (c) Inspection. County staff shall require both preliminary and a final utility inspection of all potable water, non-potable irrigation water and wastewater systems or portion(s) thereof constructed. The construction of all potable water, non-potable irrigation water and/or Words Underlined are added; [19-EIS-04145/1640850/1] Page 8 of 10 g Words StruckTh-et•g=are deleted. 0n, L 178 wastewater systems or portion(s)thereof shall be observed and certified by the engineer of record and shall be inspected by the county. Refer to subsection 134-59(d): Construction observation and inspection. * * * * * Sec. 134-61. Amendments. County staff may recommend amendments to this article (including the manual and documents incorporated by reference into the manual)as may be deemed necessary or appropriate by the public utilities administrator and, in case of actual or possible conflict with the LDC, upon the additional prior review by the growth management administrator(it being understood that the LDC controls to the extent of such conflicts). Revisions to the standards manual should be made periodically by the public utilities administrator to reflect the best engineering practices, technology advances, compliance with other agencies, and public input, if any. Such revisions shall also be reviewed by the parties listed above. Revisions to the standards manual must be approved by an advertised Resolution of the board of county commissioners. Each such resolution must be placed on the BCC agenda under scheduled advertised public hearings or in the summary agenda section. * * * * * Sec. 134-64. Appendix A—Standard legal documents. * * * * * INSTRUCTIONS. [Unless waived in writing by the reviewing Assistant County Attorney in the specific instance,the date of each document cannot be signed and dated more than sixty (60) days prior to the meeting submittal of the subject utility facility documents.] * * * * * 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. The provisions of this Ordinance, including the Standards Manual, shall be liberally construed to effectively carry out its purposes in the interest of public health, safety, welfare, and convenience. If any court of competent jurisdiction holds any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Words Underlined are added; [19-EIS-04145/1640850/1] Page 9 of 10 g Words gtr-tiek-Titretugh are deleted. 1 7 B SECTION THREE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and may be made a part of the Code of Laws and Ordinances of Collier County,Florida. The section of the Ordinance 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 FOUR: Effective Date. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,as the Governing Body of Collier County,Florida,and as the Ex-Officio Governing Board of the Collier County Water-Sewer District,this 13th day of July, 2021. BOARD OF COUNTY COMMI $1'O !N RS COLLIER COUNTY, FLO1 LI., AS THE/• -. GOVERNING BODY OF COOISTER-COUNTY, -. FLORIDA, AND AS THE .E*-OFFICIO ATTEST: GOVERNI BOARD OF:% . "FIE� .COLLIER CRYST AI 'K.,KMEL, CLERK COUNTY -SEWER DI ICI' - hSWi',;,.:+A •,' 'i,JI'Iitlllitl��\``, By, i, . �l�C', By: . -r 7 "s�i . l.uty Clerk Penny Taylor, airman Pfira.S*.airman's 9 re Approved as to Form and Legality: D..,-I-X-4- ,b- et.-/C--X\I"--- -. Derek D. Perry Assistant County Attorney '\ \\`` (.'- Th�ci�s��oerdinn+'+ce ‘feiFed with_ the .ek dory oof. ►Q, afaO i Ond ocknowiedgemerit that fill r ived s y of , PY 19-EIS-04145/1640850/1 Page 10 of 10 Words Underlined are added; [ � g Words et-•• Through are deleted. a 1 7 B • FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State July 20, 2021 Ms. Martha Vergara, BMR& VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-24, which was filed in this office on July 20, 2021. Sincerely, Anya Grosenbaugh Program Administrator AG/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270