EXECUTIVE SUMMARY Recommendation to adopt an ordinance amending Ordinance No. 2001-73, as amended, the Collier County Water-Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance, to maintain compatibility with the Collier County Consolidated Impact Fee Ordinance, as amended, and to provide for administrative changes. OBJECTIVE: To approve an amendment to the Collier County Water- Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance to provide for administrative changes and maintain compatibility with a recent amendment to the Collier County Consolidated Impact Fee Ordinance Amendment. CONSIDERATIONS: On December 11, 2001, the Board of County Commissioners ( Board) adopted Ordinance No. 2001-73, the Collier County Water- Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance, which was recently amended by the adoption of Ordinance No. 2013-44 on June 11, 2013 ( the" Ordinance"). The proposed changes to the Ordinance are necessary to complement an amendment to the Collier County Consolidated Impact Fee Ordinance ( Ordinance No. 01-13, as amended), to remove reference to impact fees, to delay the application of sewer charges from when the meter is installed until the issuance of the Certificate of Occupancy, and to also include the Certificate of Completion to provide clarification for commercial properties. At the Board' s February 11, 2013, meeting, Agenda Item 16C3 was approved, which directed staff to legally advertise the attached proposed Ordinance in the community' s newspaper of record, the Naples Daily News. The proposed changes include: SECTION ONE, District Regulation 1. 4. A. Application for Service, paragraph 3: Deleted reference to impact fees. SECTION ONE, District Regulation 1. 4. F. Dates Bills Due and Delinquent; Discontinuance of Service for Non-Payment; Reinstatement Following Discontinued Service paragraph 5, is amended as follows: Billing for potable water, sewer, or IQ water services shall begin upon installation of the meters, billing for sewer services shall commence upon issuance of the Certificate of Occupancy, or Certificate of Completion. SECTION TWO, Submetering 2. 10, is Certificates of Completion, as follows: specifically amended to include reference to 2. 10 Separately metered water services, and as appropriate sewer services, and/ or IQ water services are required to be provided to each new property resulting from the sale of such units or lots, prior to the issuance of Certificates of Occupation, or Certificates of Completion, or on change of ownership. 1 Packet Page- 1831-
FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: This amendment and activities anticipated to be tasked under it will have no impact on the county' s Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. SRT RECOMMENDATION: That the Board of County Commissioners, Ex- officio the Governing Board of the Collier County Water-Sewer District, approve an ordinance amending Ordinance No. 2001-73, as amended, the Collier County Water- Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance. PREPARED BY: Peter Lund, Manager Customer Service and Utilities Education and Compliance ATTACHMENTS: Proposed Ordinance No. 2014-2 Packet Page- 1832-
COLLIER COUNTY Board of County Commissioners Item Number: 17. 17. D. Item Summary: Recommendation to adopt an ordinance amending Ordinance No. 2001-73, as amended, the Collier County Water-Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance, to maintain compatibility with the Collier County Consolidated Impact Fee Ordinance, as amended, and to provide for administrative changes. Meeting Date: 2/ 25/ 2014 Prepared By Name: HendricksonLisa Title: Operations Coordinator, Utilities Finance Operations 2/ 10/ 2014 3: 22: 05 PM Submitted by Title: Manager- Revenue, Utilities Finance Operations Name: LundPeter 2/ 10/ 2014 3: 22: 06 PM Approved By Name: LundPeter Title: Manager- Revenue, Utilities Finance Operations Date: 2/ 11/ 2014 8: 22: 28 AM Name: Joseph Bellone Title: Director- Operations Support, Utilities Finance Operations Date: 2/ 11/ 2014 9: 19: 11 AM Name: JacobsSusan Title: Operations Analyst, Public Utilities Division Date: 2/ 11/ 2014 9: 56: 09 AM Name: RiesenTeresa Title: Manager- Revenue, Utilities Finance Operations Packet Page- 1833-
Date: 2/ 11/ 2014 10: 15: 37 AM Name: YilmazGeorge Title: Administrator- Public Utilities, Public Utilities Division Date: 2/ 11/ 2014 2: 37: 39 PM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 2/ 12/ 2014 10: 47: 51 AM Name: KlatzkowJeff Title: County Attorney, Date: 2/ 12/ 2014 11: 49: 06 AM Name: UsherSusan Title: Management/ Budget Analyst, Senior, Office of Management& Date: 2/ 14/ 2014 3: 18: 54 PM Budget Name: OchsLeo Title: County Manager, County Managers Office Date: 2/ 17/ 2014 11: 23: 15 AM Packet Page- 1834-
I I 2/ 25/2014 17. D. COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE ORDINANCE NO. 2014 - AN ORDINANCE AMENDING ORDINANCE NO. 2001-73, AS AMENDED, KNOWN AS THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE, BY AMENDING: SECTION ONE, DISTRICT RATES, FEES, CHARGES AND REGULATIONS; SECTION TWO, SUBMETERING; AND SECTION THREE, CITY OF NAPLES SERVICE AREA, IN ORDER TO REFLECT RECENT AMENDMENTS TO THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE AS CODIFIED IN CHAPTER 74 OF THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the original Collier County Water- Sewer District, also known as the County Water- Sewer District of Collier County ( District), was approved on November 4, 1969, by voters of Collier County in accordance with the requirements of Chapter 153, Part II, Florida Statutes; and WHEREAS, the Board of County Commissioners of Collier County, Florida,( Board) is the Ex-officio governing Board of the District; and WHEREAS, in 2001, the Board enacted Collier County Ordinance No. 2001-73 to create a more simplified and efficient mechanism for water and sewer utility systems and for readers to more easily understand these regulations, which are applicable to the District' s water, wastewater, and non- potable services; and WHEREAS, the Board subsequently amended Ordinance No. 2001-73 through its adoption of Ordinance No. 2006-27 and Ordinance No. 2013-44; and WHEREAS, the Board desires to further amend Ordinance No. 2001-73, as amended, in order to reflect recent amendments to Chapter 74 of the Collier County Code of Laws and Ordinances, relating to the timing of impact fee payments. Words Underlined are added; Words& Risk Thr-eugh are deleted. Packet Page- 1835-
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that: SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2001-73, AS AMENDED. Section One is hereby amended as follows: SECTION ONE: District Rates, Fees, Charges and Regulations 1. 4 District Regulation. A. Application For Service. 3. The applicant property owner shall furnish to the District their full name and, street address, and a legal description of the property where service is to be rendered with respect to such application. The applicant may furnish contact details such as telephone number and email address and the full street address of the billing address if different from the service address, together with contact details. All - -- - --.. - -.,. fees, connection and installation fees, new account and any other fees, rates and charges established by the District shall be paid in full at the time of application for service. The applicant shall also furnish the name of any tenant who may occupy the property and any subsequent changes of tenant. F. Dates Bills Due and Delinquent; Discontinuance of Service for Non- Payment; Reinstatement Following Discontinued Service. 5. Billing for potable water, sewer, or IQ water services shall begin upon installation of the meters, billing for sewer services shall commence upon issuance of the Certificate of Occupancy, or Certificate of Completion. Words Underlined are added; Wordssk- rough are deleted. n...-r. 1.. O A Packet Page- 1836-
SECTION TWO: AMENDMENT TO SECTION TWO OF ORDINANCE NO. 2001-73, AS AMENDED. Section Two is hereby amended as follows: SECTION TWO Submetering. 2. 10 A landlord who is a property owner within the District and who provides water and/ or sewer and/ or IQ water services through a single master meter to multiple rental units or lots, within a single parcel, and who sells any of the units or lots, such that they become individual parcels, shall be responsible for notifying the District of the transactions. Separately metered water services, and as appropriate sewer services, and/ or IQ water services are required to be provided to each new property resulting from the sale of such units or lots, prior to the issuance of Certificates of Occupation, or Certificates of Completion, or on change of ownership. The District will provide details of the approved administrative process and requirements that must be met to effect the requested change. SECTION THREE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 2001-73, AS AMENDED. Section Three is hereby amended as follows: SECTION THREE City of Naples Service Area. 3. 3. The governing board of the District may attach reasonable conditions to the issuance of permits for distribution water main extensions. _ Words Underlined are added; Words Stfuskreugli are deleted. D..... F A Packet Page- 1837-
SECTION FOUR: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word " ordinance" may be changed to " section," " article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE. This Ordinance shall become effective upon being filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 2014. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT By: Deputy Clerk By: TOM HENNING, CHAIRMAN Approved as to form and legality: Sc L- R. Teach Deputy County Attorney Words Underlined are added; Words StRisk ThFeugh are deleted. D... e A.. FA Ca Packet Page- 1838-
I I 2/25/ 2014 17. D. NAPLES DAILY NEWS. K Wednesday, February 12, 2014 g 29D NOTICE OF MEETING NOTICE OF MEETING NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, February 25, 2014, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners, as ex-officio the Governing Board of the Collier County Water-Sewer District, 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 AMENDING ORDINANCE NO. 2001-73, AS AMENDED, KNOWN AS THE COLLIER COUNTY WATER- SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE, BY AMENDING: SECTION ONE, DISTRICT RATES, FEES,. CHARGES AND REGULATIONS; SECTION TWO, SUBMETERING; AND SECTION THREE, CITY OF NAPLES SERVICE AREA, IN ORDER TO REFLECT RECENT AMENDMENT TO THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE AS CODIFIED IN CHAPTER 74 OF THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. 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 administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 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 the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite # 101, 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 WATER-SEWER DISTRICT COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk SEAL) February 12. 2014 No 2015406 Packet Page- 1839-