Agenda 04/08/2014 Item # 11E4/8/2014 11. E.
EXECUTIVE SUMMARY
Recommendation to provide direction as to the Board's preferred approach
for regulating work in County rights of way by private utility providers.
OBJECTIVE: To determine the process by which work in County rights of way by current and
future regulated utility companies will be authorized.
CONSIDERATION: Florida counties have the authority to establish franchise agreement
requirements and charge a negotiated franchise fee to specified utility service providers that
operate within their unincorporated area. Franchise agreements ensure that counties will not
compete against the utility service providers and the fees collected frorn the utilities serve as a
payment for the use of the counties' numerous rights -of -way and easements. These various
utilities require access to County 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. Currently the County requires
that contractors requesting to perform work in the County's right -of -way obtain a right -of -way
pen-nit from the Growth Management Division. This permit primarily requires a review of the
proposed scope of work and infrastructure locations within the right of way (see attached permit
application).
At the November 12, 2013 County Commission meeting, in response to a public petition, the
Board directed the County Manager and the County Attorney to review the potential for natural
gas utility opportunities in the Immokalee area. At the February 11, 2014 Board meeting, Item
I 1 B, 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. At the March 25, 2014 Board meeting, this item
was continued to the April 8, 2014 Board meeting.
Since that time, staff has held discussions with representatives of Tampa Electric Company
(TECO) Peoples Gas, the current natural gas utility provider throughout Collier County, to
discuss their concerns related to a natural gas utility franchise ordinance. TECO has suggested
that, unless the Board is intent on assessing a franchise fee, the County could strengthen current
language within the current right -of -way pennitting application process for existing utility
providers or enter into negotiated right of way permits /agreements with new providers to ensure
that the rights -of -way are best protected and serve as a viable alternative to a franchise
agreement. Additional requirements could include, but are not limited to, insurance.. bonding,
installation standards. etc.
FISCAL IMPACT: There is no fiscal impact associated with this item. However, should the
Board consider moving towards granting a Natural Gas Utility Franchise, further analysis
regarding customer base, potential franchise fees, County oversight, etc. will be required.
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4/8/2014 11.E.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact with any of
the options provided.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, and
raises no legal issues. From my standpoint, a core policy issue is whether the Board wishes to
impose a franchise fee. If the Board does not wish to impose a franchise fee, the need for a
franchise ordinance and a franchise agreement greatly lessens. -JAK
RECOMMENDATION: That the Board direct the County Manager to take one of the
following actions to insure that work performed by private utilities in County rights of way are
properly regulated:
1. Regulate work by current utility service providers through the existing right of way
permit process, including reasonable modifications that could strengthen the due
diligence and regulatory process. or
2. Regulate work by all utility service providers via a formal franchise agreement or, in the
alternative, apply the franchise agreement requirement prospectively only.
Prepared by: Jamie French, Director, Operations and Regulatory Management
Growth Management Division, Planning and Regulation
Attachments: Right -of -way permit application
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4/8/2014 11. E.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.E.
Item Summary: Recommendation to provide direction as to the Board's preferred
approach for regulating work in County rights of way by private utility providers. (Jamie French,
Operations and Regulatory Management Director)
Meeting Date: 4/8/2014
Prepared By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
4/1/2014 2:18:10 PM
Submitted by
Title: Director - Operations Support, Operations & Regulatory Management
Name: FrenchJames
4/1/2014 2:18:11 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 4/11/2014 3:15:17 DIM
Name: Marcellaleanne
Title: Executive Secretary, Transportation Planning
Date: 4/1/2014 3:33:29 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 4/1/2014 4:43:40 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/2/2014 8:46:41 AM
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4/8/2014 11. E.
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 4/2/2014 3:27:34 PM
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Right -of -Way Application 4/8/2014 11.E.
GROWTH MANAGEMENT DIVISION
ROW PERMITTING & INSPECTION
2800 NORTH HORSESHOE DRIVE, NAPLES, FLORIDA 34104
ROW Section Telephone Number: 252 -5767 Inspection Telephone # 252 -3726
(For Courtesy Inspection, call 252 -3726, Option 2, and leave a message for the Inspector)
iLL IN ALL APPLICABLE INFORMATION
PSP# SDP /AR#
PROJECT NAME
Check Right -of -Way Type
RESIDENTIAL
❑ Construction (Driveway /Sidewalk /Landscaping)
❑ Renewal /Modification (Unexpired Permit)
❑ Jack - and - Bore /Directional Bore
❑ Sprinkler Head
❑ Open -Cut
❑ Miscellaneous Events
❑ Other
COMMERCIAL
❑ Construction (All) $
❑ Renewal /Modification (Unexpired Permit)
❑ Jack - and - Bore /Directional Bore
❑ Sprinkler Head
❑ Turn -lane /Median
❑ Open -Cut
❑ Work in the ROW without Lane Closures
❑ Work in the ROW with Lane Closures
I-1 PSC Regulated Franchise Utilitv
RIGHT -OF -WAY PERMIT #
BUILDING PERMIT #
FEES
$100
$500
$50
$2,000
$200
SMALL DEVELOPMENT
1,000v/$2,000,i
$500
$1,000
$200
$1,500
$4,000
$50V /$100♦
See Exhibit "A"
$100 + $50 per
APPLICATION CHECKLIST
❑ Copy of house survey with
A sketch for the request
❑ Application fee
❑ Details for request
(location, size, etc.)
LARGE DEVELOPMENT
$2,000v /$4,000♦
$1,000
$2,000
$400
$3,000
$6,000
$100♦ /$200♦
♦- JUN. -NOV.
day Inspection Fee A- DEC. -MAY.
COMMERCIAL ONLY:
FEE PAID
Please submit 2 sets of si ned and sealed
21ans
Est. Number of Days in ROW (If applicable)
' LEASE PRINT
Total Amount
)day's Date _
Paid
Make checks payable to: Board of County
Commissioners
Receipt #
Approval is hereby requested by (Owner Name)
For the purpose of
At/on (project street Address)
Lot No. Block Unit
Tract
Portion of Tract N E S W
Subdivision
Sec.
Twp. Rge. E.
Folio No.
Property
Name
Contractor/
Name
Owner's
Contact Name
Agent
Contact Name
Info.
information
Mailing Add.
Mailing Add.
City/State/Zip
City/State/Zip
Telephone
Tele hone
Email:
Contractor's
License Number
Work shall be performed in accordance with approved plan,
Conditions of Permit appearing on reverse side, stipulations
specified as part of this permit and in accordance with Collier
County Ordinance #09 -19 and the "Public Right -of -Way
Construction Standards Handbook," latest edition.
Applicant declares that prior to filing this application he has
ascertained the location of all existing utilities, both aerial and
underground. Any changes to any utility shall be the responsibility
of the Permittee for all cost.
This permit is contingent upon Permittee obtaining necessary
rights of entry for construction and maintenance where required
right -of -way for public use has not been dedicated and accepted by
Collier County.
4. If the application is made by any person or firm other than the owner of
the property involved, a written consent from the property owner shall
be required prior to processing of the application.
5. Growth Management Division approval does not exempt the permittee
from gaining approval from any State, Federal or Local Agencies having
jurisdiction over the proposed work.
6. 1 have read the Collier County Right -of -Way Permit Notes and
Conditions and agree to conduct all work in accordance with the County
Ordinance #09 -19, as amended and all applicable all County and State,
codes and laws, as amended. Under penalties of perjury, I declare that
I have read the forgoing permit application and that facts stated in it are
true.
X
AUTHORIZED SIGNATURE
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CONDITIONS OF PERMIT 4/8/2014 11.E.
1. This permit must be kept on the work site and be available upon request or prominently displayed.
2. Permits are required for all work performed in any rights -of -way or easements provided for public use in the unincorporated area of Collier County and in those
public rights -of -way or easements, which are maintained by Collier County, but lie within municipal boundaries.
3. When permitted facilities are placed within a public right -of -way or easement, the installation is for permissive use only and placing of facilities shall not operate to
create or vest any property right in the associated right -of -way or easement to the permittee. Furthermore, the permittee shall be responsible for maintenance of
such facilities until they are removed, unless otherwise specified.
4. All materials and equipment, including Maintenance of Traffic (MOT) and equipment placement, shall be subject to inspection by the Growth Management Division.
5. Requests for pre - inspections shall be made 72 hours prior to commencing work requiring inspection.
6. No lane closures will be permitted between the hours of 7:00 — 9:00 A. M. and 3:30 — 6:30 P.M.
7. Prior to construction, the Contractor /Permittee shall submit a Maintenance of Traffic plan (MOT) for any construction project involving work or activity that may
affect traffic on any County street, roadway or bikepath /sidewalk. The MOT must be signed by either a Professional Engineer or person certified by the
International Municipal Signal Association (IMSA) if affecting Arterial or Collector Roadways, unless waived by the Growth Management Division, Road
Maintenance Department. The driveway fill and driveway culvert including soil erosion /sedimentation control measures must be installed prior to the start of any
earth moving construction activity with drainage plans, culvert size, soil erosion /sedimentation controls, elevation offset, and ditch slope designed and certified by a
licensed engineer for all commercial projects.
8. During construction the Contractor /Permittee shall comply with the "State of Florida Manual of Traffic Control and Safe Practices for Street and Highway
Construction, Maintenance, and Utility Operations" and with the "Manual On Uniform Traffic Control Devices" and with all other governing safety regulations and
shall maintain the approved site drainage plan and soil erosion /sedimentation control plan.
9. The Permittee shall hold the County harmless and the County shall be relieved of all responsibility for any damage or liability of any nature arising from work
authorized and performed under this permit.
10. All crossings of existing pavement shall be made by jacking and boring at a minimum depth of thirty -six inches (36 "), unless otherwise authorized by the Growth
Management Division for good cause shown.
11. All overhead installations must meet a minimum four foot separation to communication lines (both vertically and horizontally), minimum seven foot separation to
guys (both vertically and horizontally) and minimum ten foot separation to neutrals (both vertically and horizontally), and meet and /or exceed all other OSHA
requirements as may be determined by OSHA clearance requirements and /or formulas relevant to overhead lines clearances and /or separations requirements
(both vertically and horizontally), and all underground crossings shall be placed at a minimum depth of thirty -six inches (36 ") below the pavement and /or a
minimum depth of twenty -four inches (24 ") below the designed roadside ditch or swale invert. Primary cable (voltage exceeding 500 volts) shall have minimum
thirty -six (36 ") cover. Secondary cable (voltages less than 500 volts) shall have a minimum thirty -inch (30 ") cover. Exception may be made by authority of the
Growth Management Division for good cause shown.
12. Two prints of the proposed work covering details of this installation shall be made a part of this permit. If additional plans are required, they shall become a part of
this permit.
13. Following completion of all permitted work, grassing and /or seeding shall be required for any disturbed rights -of -way.
14. All property disturbed by work authorized by this permit must be restored to better than, or equal to, its original condition, and to the satisfaction of the County.
15. Whenever deemed necessary by the County for the construction, repair, maintenance, improvement, alteration or relocation of applicable right -of -way or easement
and when so notified by the County, any or all poles, wires, pipes, culverts, cables, sod, landscaping, driveways, sprinklers, or other facilities and appurtenances
authorized shall be removed from said right -of -way or easement, or reset or relocated thereon as required, to be installed by this Permit, and at the expense of the
permittee, his successor, or assign.
1 G. 'A'hen the permittee, or his successor, or assign is notified of a need for construction, repair, maintenance, improvement, alteration of or relocation within the right -
of -way or easement and no action is taken b the responsible party within the time frame specified by the County, the County shall cause the permitted work to be
altered, relocated, or removed, with the total expense being borne solely by the permittee or the responsible party.
17. Permits shall generally be in a form approved by the Board of County Commissioners and shall include the time of commencement, the number of days the job is
expected to take, and the approximate date of compk;efion. The permit will expire ninety (90) days after the designated completion date, unless authorized in the
specific instance for a longer or shorter period. If the work has not been completed by the expiration date, there will be a renewal fee, set by Resolution, payable
upon extending the expiration date for an additional ninety (9'v') days.
18. All correspondence regarding construction procedures will be through the permittee, or his authorized agent or consultant, and not through any contractor or
subcontractor.
19. If there are any lane closures or work that will impede normal traffic flow. The permit holder is obligated to inform the road alert coordinator at 239 - 252 -8192 and
the ROW Permit Section at 239 - 252 -5767, three working days prior to construction.
20. Collier County Traffic Operations Inspection Staff shall be notified in writing either via form letter (To: Collier County Traffic Operations, 2885 Horseshoe Drive
South, Naples, FL 34104) or email (TrafficOos(d�collieroov.net) a minimum of 72 hours prior to the commencement of jobs that include overhead or underground
work that will be conducted as part of construction or maintenance projects within Collier County or State Road rights -of -way within Collier County and 12 hours
prior to any and all daily work to be performed throughout the entire length of construction or Maintenance projects. Any rescheduling of work shall be provided in
writing. All underground facilities must be located prior to construction.
21. Prior to acceptance by the County (including issuance of Certificate of Occupancy), the ROW Permitting Section shall be notified by mailing or delivering a request
for a final inspection to the ROW Permitting Section, 2885 South Horseshoe Drive, Naples, FL 34104, or by phone, 239 - 252 -5767, upon completion of authorized
work. All as built surveys shall be submitted in GIS format following Collier County Growth Management Division Standard for Design and As -Built Electronic
Drawings (APPENDIX B) in addition to signed and sealed copies of the as -built survey.
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