Agenda 11/15/2016 Item #16K8 16.K.8
11/15/2016
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise and set a public hearing date on
January 10,2017,to consider a proposed Integration Agreement that would transfer the Orange
Tree Utility Company to the Collier County Water-Sewer District.
OBJECTIVE: To obtain Board direction to advertise and set a Public Hearing on January 10, 2017, to
consider an Integration Agreement proposed by the Orange Tree Utility Company ("Orange Tree")
providing for the transfer of Orange Tree to the Collier County Water-Sewer District("CCWSD").
CONSIDERATIONS: Almost 25 years ago the Board approved a Development Agreement whereby the
on-site water and wastewater facilities of Orange Tree would provide service to the Orange Tree Planned
Unit Development until the CCWSD elected to integrate the facilities into the CCWSD. On March 26,
2013 as Agenda Item 11A, the Board directed the County Manager to give notice to formally initiate
integration of OTU into the CCWSD. After prolonged efforts to facilitate the conveyance and integration
of Orange Tree to the County, the parties have reached a point that the County Attorney believes is ripe
for Board consideration of a proposed Integration Agreement. Although offered by Orange Tree in the
form of a settlement of existing litigation between the parties, since the issue involves the takeover of a
utility,Florida Statutes requires that this consideration be conducted at an advertised publicly hearing.
Because there has been some public confusion as to this matter, I want to make it clear to the public that
this Executive Summary only requests authority to advertise consideration of Orange Tree's proposal at a
public hearing to be noticed for January 10, 2017.No recommendation is being made as to the acceptance
or rejection of the Integration Agreement at this time. The Board can only make that determination
following the required public hearing.As part of that public hearing,the Board will consider nine specific
factors prior to making its decision whether to acquire the water and/or wastewater facilities. Attached to
this Executive Summary is a list identifying these factors.
I have purposefully omitted the proposed Integration Agreement from this Executive Summary to allow
staff and Orange Tree the opportunity to negotiate certain changes to the proposal that are still a matter of
some dispute between now and the time it is advertised and heard. There will be an Executive Summary
for the hearing, which will contain the proposed Integration Agreement in the form it exists at such time.
All those interested will have ample time to review the proposed final Integration Agreement prior to the
hearing.
FISCAL IMPACT: Cost of advertising of approximately$500.
LEGAL CONSIDERATIONS: This item has been prepared by the County Attorney, and requires
majority vote for approval. -JAK
GROWTH MANAGEMENT IMPACT:None.
RECOMMENDATION: That the Board of County Commissioners, acting as the governing body of
Collier County and as ex-officio the Governing Board of the Collier County Water-Sewer District and the
Collier County Water and Sewer Authority direct the County Attorney to advertise a public hearing on
January 10, 2017, for the Board to consider Orange Tree Utility Company's proposed Integration
Agreement regarding the transfer of that utility into the Collier County Water-Sewer District.
Prepared by: Jeffrey A.Klatzkow,County Attorney
ATTACHMENT(S)
1.Requirements of Florida Law (DOCX)
Packet Pg. 1820
16.K.8
11/15/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.8
Item Summary: Recommendation to direct the County Attorney to advertise and set a public
hearing date on January 10, 2017, to consider a proposed Integration Agreement that would transfer the
Orange Tree Utility Company to the Collier County Water-Sewer District.
Meeting Date: 11/15/2016
Prepared by:
Title: Executive Secretary to County Manager—County Manager's Office
Name: MaryJo Brock
11/09/2016 11:12 AM
Submitted by:
Title: County Manager—County Manager's Office
Name: Leo E. Ochs
11/09/2016 11:12 AM
Approved By:
Review:
Public Utilities Department MaryJo Brock Level 1 Division Reviewer Skipped 11/09/2016 11:12 AM
Public Utilities Department MaryJo Brock Level 2 Division Administrator Review Skipped 11/09/2016 12:25 PM
County Attorneys Office Scott Teach Level 2 Attorney Review Completed 11/09/2016 1:36 PM
Office of Management and Budget MaryJo Brock Level 3 OMB Gatekeeper Review Skipped 11/09/2016 12:25 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 11/09/2016 12:58 PM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 11/09/2016 1:00 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM
C
Packet Pg. 1821
I6.K.8.a
Requirements of Florida Law:
Public Hearing Requirement
Pursuant to Chapter 125, Florida Statutes, the County has the power to acquire, operate,
construct, own, and manage water and/or wastewater utility facilities. In providing for the public
interest and welfare, section 125.3401, Florida Statutes, requires the County to consider, at a
minimum, the below listed factors when considering the proposed integration of a utility system
into the CCWSD.
(1) The most recent available income and expense statement for the utility;
(2) The most recent available balance sheet for the utility, listing assets and liabilities and
clearly showing the amount of contributions-in-aid-of-construction and the accumulated
depreciation thereon;
(3) A statement of the existing rate base of the utility for regulatory purposes; c'
tc
Q
(4) The physical condition of the utility facilities being purchased;
M
(5) The reasonableness of the purchase contract price and terms;
(6) The impacts of the purchase on utility customers,both positive and negative; -'
R
(7) Any additional investment required and the ability and willingness of the purchaser to
make that investment;
(8) The alternatives to the purchase and the potential impact on utility customers if the a)
purchase,is not made; and
(9) The ability of the purchaser to provide and maintain high-quality and cost-effective utility
service.
C
a)
0
11.1
The county shall prepare a statement showing that the purchase is in the public interest, including a
summary of the purchaser's experience in water, sewer, and wastewater reuse utility operation and a
showing of financial ability to provide the service.
fol)
Packet Pg. 1822