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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. Packet Page -1293- 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 Packet Page -1294- 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 Packet Page -1295- 3!1 112014 Title: County Manager, County Managers Office Date: 3/4/2014 10:45:12 AM Packet Page -1296- 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. Packet Page -1297- 3!11112014 ' 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 Packet Page -1298- 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 Packet Page -1299- 3" ,1/2014 ' 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 Packet Page -1300-