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Backup Documents 02/18/2003 SBOARD OF COUNTY COMMISSIONERS SPECIAL MEETING FEBRUARY t 8, 2003 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 18, 2003 9:00 a.m. SPECIAL MEETING NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS 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 TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 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 Page 1 FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. INVOCATION AND PLEDGE OF ALLEGIANCE REQUEST THAT THE BOARD CONSIDER THE CREATION OF THE BEACHWALK-PAVILION CLUB-NAPLES PARK MUNICIPAL SERVICES TAXING UNIT (MSTU) FOR THE PURPOSE OF PROVIDING A FUNDING SOURCE FOR PLACING FLORIDA POWER AND LIGHT (FPL) TRANSMISSION LINES UNDERGROUND ALONG 91 ST AVENUE NORTH FROM 8TM STREET NORTH TO VANDERBILT DRIVE Staff to prepare all necessary documents; advertise a draft MSTU Ordinance as outlined in the Executive Smmary to include all of Naples Park, Regatta, Beachwalk, and Pavilion - Approved 5/0 Page 2 Maureen A. Kenyon From: Sent: To: Cc: Subject: Weigel, David Thursday, February 13, 2003 4:15 PM ArnoldSandra Seidl, Jay; Wallace, Dewey; Filson, Sue; Minutes and Records; Merritt, Jean; Arnold, Kady Notice of Special Board of County Commissioners meeting Beachwalk-regaEa- naples park ... As we discussed, David Weigel has requested that the attached Notice of Special Meeting be posted ASAP in all the usual places around the government center. A copy of the notice also needs to be placed in all of the media boxes (as well as faxed to all media) immediately, and be run on the Government Channel. Also, please put out a press release regarding the Notice. If you have any questions regarding the above, please let me know. Deborah D. Allen, CLA x8400 <<Beachwalk-regatta-naples park MSTU.doc>> NOTICE OF BOARD OF COUNTY COMMISSIONERS SPECIAL MEETING Tuesday, February 18, 2003 9:00 A.M. - Time Certain Notice is hereby given that the Collier County Board of County Commissioners will hold a special meeting on TUESDAY, FEBRUARY 1 8, 2 003, a t 9:00 a .m., time certain, in the Board Meeting Room, Third Floor, Harmon Turner Building (Administration), Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, to consider the following item: REQUEST BOARD CONSIDER THE CREATION OF THE BEACHWALK- PAVILION CLUB-REGATTA-NAPLES PARK MUNICIPAL SERVICES TAXING UNIT (MSTU) FOR THE PURPOSE OF PROVIDING A FUNDING SOURCE FOR PLACING FLORIDA POWER AND LIGHT (FPL) TRANSMISSION LINES UNDERGROUND ALONG 91sx AVENUE NORTH AND A PORTION OF VANDERBILT DRIVE This item will be considered prior to the scheduled Water and Wastewater Master Plan, Impact Fee, and User Rate Study Workshop at the same location. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the special meeting. All registered public speakers will be limited to five (5) minutes unless permission for additional time is granted by the Chairman. The meeting will be open to the public. Any person who decides to appeal, a decision of this 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 indicates the testimony and evidence upon which the appeal is to be based. Collier County Ordinance No. 99-22 requires that all lobbyists shall, before engaging in any lobbying activities (including, but not limited to, addressing the Board of County Commissioners), register with the Clerk to the Board at the Board Minutes and Records Department. 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 3301 East Tamiami Trail, Naples, Florida, 34112, (941) 774-8380; assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Tom Henning, Chairman DWIGHT E. BROCK, CLERK By:/s/Maureen Kenyon Deputy Clerk EXECUTIVE SUMMARY REQUEST BOARD CONSIDER THE CREATION OF THE BEACHWALK-PAVILION CLUB-NAPLES PARK MUNICIPAL SERVICES TAXING UNIT (MSTU) FOR THE PURPOSE OF PROVIDING A FUNDING SOURCE FOR PLACING FLORIDA POWER AND LIGHT (FPL) TRANSMISSION LINES UNDERGROUND ALONG 91sT AVENUE NORTH FROM 8TM STREET NORTH TO VANDERBILT DRIVE. OBJECTIVE: To create a mechanism for fimding the underground placement of a portion of FPL's transmission lines along 91~t Avenue North from about Eighth Street North to Vanderbilt Drive. CONSIDERATIONS: FPL plans to install a feeder line from it-s Pine Ridge Power Station westerly to an area near the Ritz-Carlton entrance. Overhead distribution lines are planned along a portion of the route that includes 91st Avenue North fi.om Eighth Street North to Vanderbilt Drive. At the February 11, 2003 Board meeting (Agenda Item 9G), in response to citizen concerns regarding this proposal, the Board directed staff to develop information relative to the formation of a MSTU to pay for the underground placement of this feeder line rather than placing it overhead on 50' poles. The added cost of underground placement versus overhead placement is estimated by FPL to be about $60,000. The formation of an MSTU also carries several adminstriative and fmancing costs with it. Therefore, it would be prudent to consider an overall budget for this project of about $70,000. Staff has developed the following funding scenario based on information received fi.om the Collier County Tax Assessor's Office: Area shown on Attachment No. 1 Just Value = Area shown on Attachment No. 1 Taxable Value = Funds available from 1 mil of tax levy = Millage necessary to fund $70,000 for 1 year = Levy on $125,000 average taxable dwelling value = Levy on $300,000 average taxable dwelling value = $123,635,878 $104,524,045 $104,524 0.6697 $84 $201 Please note that the foregoing computations are based on rough estimates and will vary depending upon final valuations l~om the Tax Assessor and upon the taxable value of individual properties. FPL has already applied for and received a right-of-way use permit for the overhead installation. Since the formation of the MSTU will not provide for funding for the improvement until the County's FY 2005, FPL has indicated that they will defer the reimbursement for the added costs of underground placement until that timeframe. Executive Summary Request Board Direct Staff to Form MSTU Page 2 of 2 FISCAL IMPACT: The cost to install the underground distribution lines is estimated to be about $60,000. Administrative costs associated with the MSTU are estimated to be approximately 16% or $10,000 for a total of $70,000, which will be paid t~om the Beachwalk- Pavilion Club-Naples Park MSTU Fund. Formation of the MSTU will involve several hours of staff time that is curremly budgeted this fiscal year within the Transportation Services Fund 101. Future costs will be budgeted within the MSTU budget. GROWTH MANAGEMENT IMPACT: While there is no direct nexus between this request and the Collier County Growth Management Plan, the underground placement of the FPL feeder line is consistent with the Community Character initiative currently underway and could serve as a model for future similar situations. RECOMMENDATION: That the Board direct staff to prepare all necessary documents; advertise a draft MSTU Ordinance as outlined in this Executive Summary, subject to the following limitations and constraints: 1. The MSTU shall be formed for the sole purpose of facilitating the funding of the underground placement of the FPL transmission lines as described above. 2. The MSTU tax levy shall be funded such that the entire cost of the project can be reimbursed in one year. 3. The total amount to be financed by the MSTU is estimated to be $70,000. SUBMITTED BY: Date: Edward ~:Kant, PE, Transportation Operations Director REVIEWED BY: ~ ~/~/~/~ Date: D.E. ~3'ieu" ~V}fllace, CDES Operations Director APPROVED BY: Joseph K. Schmitt, CDES Administrator APPROVED BY: Norman E. Feder, AICP, Transportation Administrator Date: Date: Attachments: No. 1 - Aerial Sketch Showing Proposed MSTU Boundary ZC ~Z Pavilion Club Association 804 Gulf Pavilion Dr. Naples, F1 34108 February 17, 2003 Commissioner Tom Henning, Chairman Collier County Commission 3301 Tamiami Trail E. Naples, F1 34112 Dear Commissioner Henning: The Pavilion Club Condominium Association will not participate in the Municipal Services Taxing Unit (MSTU) for the purpose of funding the placement of the FPL transmission lines underground. Our initial participation in the protestation of FPL's placing these lines on 50 foot poles was strictly as a good neighbor, and we made it very clear at the start that our members would not pay any monies to facilitate this action. The erection of these poles has very little effect on our members; and, in fact, the plans submitted by FPL indicate the only pole on our easement would still be erected as a feeder to the underground. The unilateral decision of the County and FPL was made without any input from the people who are being asked to fund the additional cost, which in our opinion is neither democratic nor fair. At this time we wish to go on record that the Pavilion Club Condominium Association has no interest in FPL 's action of the placement of the transmission lines. We will not pa? any assessment to fund the final decision Should the County and FPL continue to include the Pavilion club in the MSTU, our members have unanimously asked us to pursue other avenues to legally exclude our participation. Sincerely, Doris Jean Rand President, Pavilion Club Association C. Collier County Commission: Donna Fiala, Vice Chair; Frank Halas, Commissioner; Fred W. Coyle, Commissioner; Jim Coletta, Commissioner; E-mail. DeweyWallace(~colliergov.net, beachwalk(~_~naples.net, nfn21558(~_~naples.net, dotblatt~comcast.net, grover whidden~fpl.com Pavilion Club Association 804 Gulf Pavilion Dr. Naples, F1 34108 February 17, 2003 Commissioner Tom Henning, Chairman Collier County Commission 3301 Tamiami Trail E. Naples, Fl 34112 Dear Commissioner Henning: The Pavilion Club Condominium Association will not participate in the Municipal Services Taxing Unit (MSTU) for the purpose of funding the placement of the FPL transmission lines underground. Our initial participation in the protestation of FPL's placing these lines on 50 foot poles was strictly as a good neighbor, and we made it very clear at the start that our members would not pay any monies to facilitate this action. The erection of these poles has very little effect on our members; and, in fact, the plans submitted by FPL indicate the only pole on our easement would still be erected as a feeder to the underground. The unilateral decision of the County and FPL was made without any input from the people who are being asked to fund the additional cost, which in our opinion is neither democratic nor fair. At this time we wish to go on record that the Pavilion Club Condominium Association has no interest in FPL 's action of the placement of the transmission lines. We will not pav any assessment to fund the final decision. Should the County and FPL continue to include the Pavilion club in the MSTU, our members have unanimously asked us to pursue other avenues to legally exclude our participation. Sincerely, Doris Jean Rand President, Pavilion Club Association C. Collier County Commission: Donna Fiala, Vice Chair; Frank Halas, Commissioner; Fred W. Coyle, Commissioner; Jim Coletta, Commissioner; E-mail. DeweyWallace(~,colliergov.net, beachwalk(~naples.net, nfn21558(~_,naples.net, dotblatt~comcast.net, grover whidden~fpl.com