Agenda 03/11/2014 Item #17D Proposed Agenda Changes
Board of County Commissioners Meeting
March 11, 2014
Continue Item 16A6 to the March 25, 2014 BCC Meeting,: Recommendation to adopt a Resolution
granting a design variance that authorizes a speed limit increase from forty-five miles per hour (45
mph) to fifty miles per hour (50 mph) on Collier Boulevard from Davis Boulevard to US41. (Staff's
request)
Continue Item 16A7 to the April 8, 2014 BCC Meeting: Recommendation to approve the
prioritization of five limerock roads for the purpose of limerock road conversion, from the Road
Maintenance Limerock Road Conversion Program (LRCM), Project 60128, in FY2014.
(Commissioner Nance's request)
Move Item 16K3 to Item 12A: Recommendation that the Board of County Commissioners
rescinds its direction that the County Attorney work with the Clerk to obtain an Attorney General
Opinion as to the legality of the La Peninsula MSBU Ordinance and instead directs the following:
(1) That the La Peninsula Condominium Association pays the County in advance for the estimated
costs to be incurred; (2) That these funds be held in Trust for La Peninsula Condominium
Association in a separate fund and not be considered public moneys; (3) That until there is a
,judicial decision on the bond validation proceeding, all expenditures in connection with this l'ISBU
be made out of these private funds; (4) 'That if additional moneys are needed, they come from the
same source and be deposited in the same account; and (5) That if, and only if, there is a judicial
decision arising out of a bond validation proceeding which upholds the legality of the ordinance and
the financing, then at that point the moneys previously paid could be reimbursed to the
Condominium Association as part of the financing. (Commissioner Fiala's request)
Continue Item 171) to the April 8, 2014 13CC Meeting:
Recommendation to adopt an Ordinance to be known as the Natural
Gas Franchise Ordinance. (Staffs request)
Time Certain Items:
Item 13A to be heard at 10:00 a.m.
Item 11A to be heard at 10:45 a.ni.
9/6/20149.39 AM
Recommendation to adopt an Ordinance to be known as the Natural Gas Franchise Ordinance.
OBJECTIVE: For the Board of County Commissioners (Board) to approve the attached
ordinance pertaining to Natural Gas Franchises.
CONSIDERATION: Florida counties have the authority to establish franchise agreement
requirements and charge franchise fees to the various utilities that , operate within their
unincorporated area. Franchise agreements ensure that counties will not compete against the
utility service providers and the fees collected from the utilities serve as a payment for the use of
the counties numerous rights -of -way and easements. These various utilities require access to
property in order to place transmission and distribution systems that serve their customers.
Collier County does not currently require or have any franchise agreements in place for any
electric or natural gas utility provider.
On November 12, 20.13, at the: regular meeting of the Board, the Board. directed the County
Manager :or his -designee, and the County Attorney to review the potential for natural gas utility
opportunities in the hiimokalee -area.
Asa result of this direction, staff has meVbad. discussions with Burt Saunders, legal counsel for
n the interested natural gas utility provider, Immokalee Natural Gas (ING), and John Knight and
Doug Cates, ING owners, to discuss their request to acquire an exclusive natural gas utility
franchise in Northeast Collier County, to include Immokalee, Ave Maria, and the surrounding
agricultural areas. There is currently one known natural gas utility provider (TECO, aka.
Peoples Gas) that provides natural gas service in Collier County, from Northern Collier, south to
the Fiddlers Creek Community. There are no known natural gas utility providers within Eastern
Collier County.
At the February 11, 2014 Board meeting, Item 11B, the Board directed the County Manager and
the County Attorney to bring back a Natural . Gas Franchise Ordinance for Board consideration
that would require natural gas utility service providers to enter into a franchise agreement with
the County, at the sole discretion of the Board, and to adhere to all requirements identified by the
Florida Public Service Commission, as defined within the Florida Administrative Code.
Requirements of a County Natural Gas Franchise include, but are not limited to terms of
franchise, right -of -way provisions, no competition by the County, gas main installation
standards, emergency response, rates, service quality, insurance, etc.
During the February 25, 2014 Board meeting, Item 11 C, the Board unanimously approved the
attached ordinance for advertising and future consideration.
FISCAL UAFACT: The fiscal impact of Natural Gas Franchise Agreements will be determined
case -by -case based on the service area and number of potential customers to be served, natural
gas utility revenues, potential franchise fees and amount and cost of County oversight required.
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3/11/2014 17.D.
With respect to potential franchise fees, any such fees would be reviewed and approved by the
Board as part of the Franchise Agreement and is a pass through cost to the customer being served
by the utility.
The cost of advertising the proposed Ordinance was $205.22
GROWTH MANAGEMENT EMPACT: There is no growth management impacts associated
with this item.
LEGAL CONSIDERATIONS: The County Attorney reviewed the proposed Ordinance and
approved it as to form and legality. Majority support of the Board is required for approval. -
JAK
RECOMMENDATION: That the Board of Commissioners adopts the attached Ordinance
pertaining to Natural Gas Franchises.
Prepared By: Jamie French, Director, Operations and Regulatory Management
Growth Management Division, Planning and Regulation
Attachment: Ordinance
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3/11/2014 17L.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.D.
Item Summary: Recommendation to adopt an Ordinance to be known as the Natural Gas
Franchise Ordinance.
Meeting Date: 3/11/2014
Prepared By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
2/27/2014 3:51:23 PM
Submitted by
Title: Director - Operations Support, Operations & Regulatory Management
Name: FrenchJames
10—IN 2/27/2014 3:51:24 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 2/27/2014 4:07:30 PM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 2/28/2014 12:48:26 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/28/2014 1:57:55 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 3/4/2014 9:43:04 AM
Name:OchsLeo
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3!1 112014
Title: County Manager, County Managers Office
Date: 3/4/2014 10:45:12 AM
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3/11 /2 01 L 17. C.
ORDINANCE NO. 2014-
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, TO BE KNOWN
AS THE NATURAL GAS FRANCHISE ORDINANCE; PROVIDING FOR
DEFINITIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR
NATURAL GAS FRANCHISE REQUIREMENTS TO CONSTRUCT,
OPERATE AND MAINTAIN NATURAL GAS FACILITIES OVER,
UNDER OR UPON THE PUBLIC RIGHTS -OF -WAY OF COLLIER
COUNTY; CREATING A NATURAL GAS FRANCHISE AGREEMENT;
MAKING FINDINGS AND PROVIDING FOR SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the County is a political subdivision of the State of Florida, with all powers
necessary to carry on county government, as set forth generally in Article VIII, section 1 of the
Florida Constitution and Chapter 125 of the Florida Statutes, and specifically in Chapter 59 -1380,
Laws of Florida, and has all requisite authority to enact and enforce this Ordinance; and
WHEREAS, the County finds that the development of a natural gas system in the
unincorporated County has the potential of having great-benefit and impact upon the residents of
the County and further finds that the public health, safety and welfare can best be served by
exercising regulatory powers which are vested in the County with respect to such system; and
WHEREAS, the County finds it in the public interest to retain control over the use of public
rights -of -way by providers of natural gas to promote planned and efficient use of limited right -of-
way space, to protect the public investment in right -of -way property, to prevent interference with
the public's use of such rights -of -way, and to promote aesthetic considerations important to the
residents of Collier County, and
WHEREAS, these rights -of -way are valuable public properties acquired and maintained by
the County at great expense to the County's taxpayers, and the right to use the rights -of -way is a
valuable property right without which a natural gas utility company would be required to invest
substantial capital in property and acquisition costs; and
WHEREAS, the County desires to ensure that the County rights -of -way will be used and
promptly restored to a safe and secure condition in such manner as to always protect the health,
safety and welfare of the citizens and residents of the County; and
WHEREAS, the requirement that natural gas utilities obtain a franchise and pay a
reasonable, negotiated for franchise fee which is related to the value of the benefits received by
natural gas utilities and the expenses incurred by the County in, among other things, maintaining
and regulating the use of the public rights -of -way, is fair and equitable to both parties and is duly
authorized by the laws of the State of Florida.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY n
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE: DEFINITIONS
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning.
"Franchise Agreement" shall mean a non - exclusive privilege granted by the Board to authorize a
Natural Gas Utility to provide utility service within the boundaries of Collier County pursuant to
this Ordinance.
"Natural Gas" shall mean either natural gas in a gaseous state unmixed or a mixture of natural
and artificial gas.
"Natural Gas Facilities" shall mean works and structures necessary for the supply and
distribution of natural gas for domestic, commercial or industrial use, and shall include, but not
be limited to, distribution mains, transmission mains, pipelines, meters, plants, equipment,
machinery and other property necessary for the supply and distribution of natural gas.
SECTION TWO: APPLICABILITY
The provisions within this article shall be applicable to and effective in all existing or
future Natural Gas Utility providers. This article is intended, and shall be construed, as a direct
regulatory measure uniform in application throughout all unincorporated areas of the County. �
Nothing in this Ordinance shall affect any ordinance of any municipality.
SECTION THREE: COLLIER COUNTY NATURAL GAS FRANCHISE AGREEMENT
` Except as provided for below, following the effective date of this Ordinance, it shall be
unlawful for any person or entity owning or operating natural gas facilities to utilize the present
and future roads, streets, alleys, bridges, easements, rights -of -way and other public places
(collectively, "public rights -of- way ") of the County to sell, transport, deliver or distribute natural
gas to users in the County, unless authorized to do so by .a franchise granted by the County. Any
agreement granting a natural gas franchise shall be entered into only after a duly noticed public
hearing. The agreement shall address, at a minimum, the term of the franchise, the franchise
service territory, and the amount of any franchise fee, and shall require that the franchisee (a)
prevent the creation of obstructions or conditions dangerous to the traveling public, (b) repair
any damage to the public rights -of -way resulting from the exercise of franchise rights, (c) hold
the County, and its commissioners, officers, employees and agents, harmless from any claims or
damages resulting from the exercise of franchise rights, and (d) remove or relocate any pipelines
or other components of the natural gas facilities at no cost to the County in the event of the
widening, repair or reconstruction of the public rights -of -way, in addition to such other
provisions which are determined to be reasonably necessary for the protection of the County and
the public.
2
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3!11/20 14
Any person or entity presently owning or operating natural gas facilities which utilizes
any Collier County public right -of -way shall have until October 1, 2014 to come into compliance
with this Ordinance.
SECTION FOUR: INCLUSION OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made part of the Code of Laws and
Ordinance of Collier County, Florida. The sections of the Ordinance may be numbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or
any other appropriate word.
SECTION FIVE: CONFLICT AND SEVERABiLITY
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
to be invalid or unconstitutional by any court or competent jurisdiction, such portion shall be
deemed separate, distinct and independent provision and such holding shall not affect the validity
of the remaining portion.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State of the
State of Florida.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2014.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Deputy Clerk TOM HENNING, CHAIRMAN
and legality:
Jeffrey AJ K44tzkow, County Attorney
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24D s Friday, February 28, 2014 X N A P L E S D A I L Y
NEWS
NOTICE'OF INTENT TO CONSIDER ORDINANCES
Notice is hereby' given that on. Tuesday, March 11, 2014, in 'the Boardroom, 3rd
Floor, Administration Buildi�n�gg, Collier County. Government Center, 3299 Tamiami
Trail East, Naples, Florida �fhe` Board of County Commissioners will consider the
• enactment of County Ordinances - The .meeting will commence at 9:D0 A.M. The
titles of the proposed Ordinances are as follows.
AN ORDINANCE OF COLDER COUNTY, FLORIDA,"TO BE KNOWN ASJTHE NATURAL
GAS FRANCHISE ORDINANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR
APPLICABILITY; PROVIDING FOR NATURAL GAS FRANCHISE REQUIREMENTS TO
CONSTRUCT, OPERATE AND MAINTAIN NATURAL GAS FACILITIES OVER, UNDER OR
UPON THE PUBLIC RIGHTS -0F -WAY OF COLDER COUNTY, CREATING A NATURAL
GAS FRANCHISE AGREEMENT,- MAKING FINDINGS AND PROVIDING FOR
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING SECTION ONE OF ORDINANCE NO. 75 -16, AS
AMENDED, "MEETINGS OF THE BOARD OF COUNTY COMMISSIONERS," IN ORDER
TO MODIFY PROVISIONS RELATING TO THE PRESENTATION OF MATTERS PLACED
ON THE OFFICIAL AGENDA; PROVIDING FOR CONFLICT AND SEVERABILITY,
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
Copies of thl proposed Ordinances are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard,
NOTE: All ��•
persons wishing to _speak on any. agenda hem 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 material intended to be considered by-the
Board shall be submitted to the appropriate County staff a minimum of seven dabs
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 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
COLDER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
Fahn�arv2R.2n1d Aln �ntAat�
U1111111
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