Agenda 11/13/2012 Item #16A1711/13/2012 Item 16.A.17.
EXECUTIVE SUMMARY
Recommendation to approve a Resolution implementing Board direction to exempt
Lane Rental Fees on County sponsored Projects located within or adjacent to the Right -
of -Way and to eliminate permit charges for services previously provided by the County
on behalf of the Florida Department of Transportation.
OBJECTIVE: To obtain approval of a Resolution superseding Resolution No. 2007 -162 to
implement previous Board direction to exempt Lane Rental Fees on County sponsored
projects located within or adjacent to the Right -of -Way and to eliminate permit charges for
services previously provided by the county on behalf of the Florida Department of
Transportation (FDOT).
CONSIDERATIONS: On May 8, 2012 (Agenda Item H), the Board waived the daily lane
rental fees for the Radio Road East Municipal Service Taxing Unit and directed the County
Manager to amend the Lane Rental Fee (per day) Incentive Program to exempt all future
Collier County projects from such fees when the project is a County sponsored enhancement
project located within or adjacent to county right -of -way.
The basic premise for the imposition of a lane rental fee is that the motoring public is
deprived of a portion of the available roadway capacity when a contractor blocks off a lane
for the benefit of an adjoining property undergoing some sort of construction. At its May 8,
2012, meeting the Board determined that work performed on County projects located within
or adjacent to the Right -of -Way should be exempt from the payment of lane rental fees since
it is deemed in the public interest to maintain and preserve the public infrastructure.
The attached Right of Way Fee will supersede Resolution No. 2007 -162 by exempting the
payment of lane rental fees on County projects located adjacent or within the Right of Way
and also removes two charges related to work the County previously performed on behalf of
FDOT.
In June 2002, the Collier County Board of County Commissioners approved a maintenance
agreement with the State to handle the approximately 145 miles of State roadways. At that
time FDOT scaled back its maintenance services handled by its in -house staff and the county
approved adding the maintenance of State roads for approximately $16.4 million over the ten
year tenn of the agreement. That agreement ended on September 30, 2012. Under the
maintenance agreement, the County previous provided and charged permit fees for the
following tasks:
• County Engineering review on behalf of FDOT Drainage Permits (no discharge into
State system); and
• County Engineering review on behalf of FDOT Drainage Pen-nit (with discharge into
State system).
As a result of the State's decision not to renew the maintenance agreement with the County,
County staff will no longer be providing those review services; therefore, those fees are
recommended for elimination as well.
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11/13/2012 Item 16.A.17.
The change proposed by the attached Resolution will not eliminate standard review and
inspection fees for all public and private projects currently in place per Ordinance 2009 -19,
"Construction Standards Handbook for Work within the Public Right -of- way."
FISCAL IMPACT: The Lane Rental Fees charged for County sponsored projects has
averaged approximately $1,000.00 annually with the revenue deposited into ROW Permitting
Fund (102). The proposed action would eliminate this small source of revenue as well as the
charges made to various County department budgets.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval —SRT.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
RECOMMENDATION: Recommendation to approve a Resolution, superseding Resolution
No. 2007 -162, to exempt Lane Rental Fees on County sponsored projects located within or
adjacent to County Right -of -Way and to eliminate fee categories for services previously
provided by the county on behalf of the Florida Department of Transportation.
Prepared By: Pamela Lulich, Landscape Operations Manager, Road and Bridge Department,
GMD Mark Burtchin, Project Manager, Road and Bridge Department, GMD
John Vliet, Director, Road and Bridge Department, GMD
Attachment: Superseding Resolution with attachments; Strikethrough /underscored
version of attachments showing proposed revisions.
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11/13/2012 Item 16.A.17.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.17.
Item Summary: Redommendation to approve a Resolution implementing Board direction
to exempt Lane Rental Fees on County sponsored Projects located within or adjacent to the
Right -of -Way and to eliminate Permit charges for services previously provided by the County on
behalf of the Florida Department of Transportation.
Meeting Date: 11/13/2012
Prepared By
Name: LulichPamela
Title: Manager - Landscape Operations,Altemative Transpo
10/18/2012 8:19:47 AM
Submitted by
Title: Manager - Landscape Operations,Alternative Transpo
Name: LulichPamela
10/18/2012 8:19:51 AM
Approved By
Name: HerreraGloria
Title: Management/Budget Analyst,Transportation Administr
Date: 10/18/2012 10:19:07 AM
Name: Vlietlohn
Title: Director - Road Maintenance,Transportation Enginee
Date: 10/18/2012 2:11:35 PM
Name: ShueGene
Date: 10/22/2012 4:22:04 PM
Name: LynchDiane
Title: Administrative Assistant
Date: 10/24/2012 11:16:02 AM
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Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 10/25/2012 8:12:39 AM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 10/26/2012 5:12:35 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/30/2012 11:40:32 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 11/1/2012 4:01:52 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 11/1/2012 4:15:06 PM
Name: OchsLeo
Title: County Manager
Date: 11/4/2012 11:39:50 AM
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11/13/2012 Item 16.A.17.
11/13/2012 Item 16.A.17.
Exhibit "A"
Right-of-way Permits
Type
Residential
Non- residential
Small
Large
Right-of-way Construction
$ 200.00
$ 1000.00 (June -Nov)
$2000.00 (June -Nov)
$ 2000.00 (Dec -May)
$4000.00 (Dec -May)
Work in the ROW (Without Lane
$ 50.00 (June -Nov)
$ 100.00 (June -Nov)
Closures), Cost Per Day
$ 100.00 (Dec -May)
$ 200.00 (Dec -May)
Miscellaneous Events $ 200.00
PSC Regulated Franchise Utility $100.00
Application Fee + $50/Day inspection fee
Renewal/Modification of unexpired or
*$ 100.00
$ 500.00
$1000.00
incomplete Permit
Re- inspection - First
$ 100.00
$ 100.00
$ 100.00
Second
$ 150.00
$ 150.00
$ 150.00
Third
$ 200.00
$ 200.00
$ 200.00
All subsequent inspections
$ 250.00
$ 250.00
$ 250.00
Jack - and- Bore/Directional Bore
$ 500.00
$ 1000.00
$2000.00
Open -cut Construction
$2000.00
$4000.00
$6000.00
Sprinkler Head Placement in R/W
$ 50.00
$ 200.00
$ 400.00
Turn Lane Construction
$ 500.00
$ 1500.00
$3000.00
After- the -Fact Permit 4 X Normal Fee ($24000.00 max)
* If the Renewal/Modification does not require additional staff time and field check
(unexpired permit only), there will not be any fees charged.
* *Development two (2) acres or less are considered small.
Page 1 of 4
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Exhibit "A"
Right -of -way Permit Notes:
11 /13/2012 Item 16.A.17.
1. Unjustified delays meeting permitted deadlines shall require additional fees as authorized.
2. Small Commercial Development shall be defined as a non - residential (single- family or duplex)
project generating 600 vehicles trips per day or less.
3. Large Commercial Development shall be defined as a non - residential (single- family or duplex)
project generating greater than 600 trips per day.
4. A right- of-way use fee (chart attached) per day shall apply to all non - residential projects
requiring a lane closure on a major roadway or sidewalk closure on any roadway (chart
attached). A major roadway is defined herein as being one of the following Collier County
maintained roadways:
Roadway Name
From
To
Immokalee Road
Tamiami Trail North (US 41)
SR 29 (Immokalee)
Vanderbilt Beach Road
Tamiami Trail North (US 41 )
Collier Boulevard
Pine Ride Road
Tamiami Trail North US 41
Collier Boulevard
Golden Gate Parkway
Tamiami Trail North (US 41 )
Collier Boulevard
Radio Road
Airport Road
Davis Boulevard
Rattlesnake Hammock Road
Tamiami Trail East (US 41)
Collier Boulevard
Goodlette -Prank Road
Tamiami Trail East (US 41)
Immokalee Road
Airoort Road
Tamiami Trail East (US 41)
Immokalee Road
Livingston Road
Radio Road
Lee County Line
Santa Barbara Boulevard
_<,
Pine Ridge Rd
Logan Boulevard
Pine Ridge Road
Lee County Line
Collier Boulevard
i;, +!3 .- ..
.. -
Immokalee Road
CR 29
Ever lades City
SR 90 (US 41)
Ba shore Drive
U.S. 41
Thomasson Drive
Golden Gate Boulevard
C.R. 951
Desoto Boulevard
Vanderbilt Drive
VBR
Lee County Line
Gulfshore Boulevard
VBR
Bluebill Ave.
Oil Well Rd
Immokalee Rd
S.R. 29
Randall Boulevard
Immokalee Rd
Desoto Boulevard
Everglades Boulevard
Golden Gate Boulevard
Immokalee Rd
Na les Boulevard
Pine Ridge Road
Airport Road
County Bam Road
Davis Boulevard
Rattlesnake Hammock Road
5. No refunds of unused fees shall be allowed.
6. Lane use fees shall be calculated by Collier County and shall be due and payable at the time
of permit application if a permit is issued. If a Notice of Intent to Issue a permit is provided by
the County in lieu of a permit, then the lane use fee shall be due and payable at the time of
issuance of the actual permit.
7. If work continues beyond the originally estimated lane use period, then additional lane use fees
shall be due and payable within two working days of notice to the Permittee of such additional
fees. Failure to provide the additional fees to the County within three working days of such
notice shall be cause for the project to be "red - tagged" and shut down. Lane use fees shall
continue to accrue during any period of shutdown and shall be added to the additional lane use
fees calculated by Collier County.
8. Any deviation from the above must be approved by the ROW Permitting and Inspection
manager or designee prior to implementation.
Page 2 of 4
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11/13/2012 Item 16.A.17.
Exhibit "A"
LANE RENTAL FEE (PER DAY) INCENTIVE PROGRAM
Sep Oct Nov Dec
3
$60(
.Jan
Feb Mar Apr May Jun Jul Aug
Page 3 of 4
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11 /13/2012 Item 16.A.17.
Exhibit "A"
SIDEWALK RENTAL FEE (PER DAY) INCENTIVE PROGRAM
$100 $100 $10C
Aug Sep Oct
ryov Uec Jan Feb Mar Apr
Page 4 of 4
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$100 $100 $100
May June July
iw
11/13/2012 Item 16.A.17.
RESOLUTION NO. 2012-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, SUPERSEDING RESOLUTION
2007 -162, WHICH ESTABLISHED A REVISED SCHEDULE OF FEES
FOR RIGHT -OF -WAY PERMITS, TO MEMORIALIZE A WAIVER
OF DAILY CHARGES FOR LANE RENTAL FEES ON COUNTY
PROJECTS ADJACENT TO OR WITHIN COUNTY RIGHT OF WAY.
WHEREAS, Collier County Resolution No. 2000 -455 established a schedule of
development - related review and processing fees; and
WHEREAS, the fees established in Resolution Number 2000 -455 were subsequently
amended and revised pursuant to Resolution Number 2002479, Resolution Number 2003 -170
and Resolution Number 2007 -162 and the established fees are reflective of the actual cost of
processing, reviewing, inspecting and evaluating Collier County Right -of -Way permits as set
forth in attached Exhibit "A;" and
WHEREAS, at the Board of Collier County Commissioners' regular meeting on May 8,
2012, the Board gave direction to exempt all future Collier County Projects within or adjacent to
County Right- of-Way from being subject to Lane Rental Fees.
WHEREAS, as a result of the termination of maintenance agreement with the Florida
Department of Transportation On September 30, 2012, two permit charges previously performed
by the County on behalf of the State no longer need to be included in the Right of Way Permit
fee schedule.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners hereby declares and approves the fees
set forth in the Schedule of Fees for Right -of -Way Permits, attached hereto
and incorporated herein as "Exhibit A" as reasonable sums to be assessed to
those who receive the benefits of those services, reviews, and inspections
required by the Land Development Code and the County permitting process.
2. That all County Projects within or adjacent to the County Right -of -Way shall
be exempt from the Lane Rental Fee as noted on Exhibit "A."
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11 /13/2012 Item 16.A.17.
BE IT FURTHER RESOLVED that this Resolution relating to Right -of -Way permit fees
in the Land Development Code is recorded in the minutes of this Board and that Resolution No.
2007 -162 is hereby superseded by the adoption of this Resolution.
THIS RESOLUTION is adopted after motion, second, and majority vote favoring
adoption this _'b day of 2012.
ATTEST
DWIGHT E. BROCK, Clerk
Deputy Clerk
Approved as to form and legal sufficiency:
Scott R- Teach.
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Fred W. Coyle, Chairman
2
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11 /13/2012 Item 16.A.17.
Exhibit "A"
Right -of -way Permits
Tore
Residential
Non - residential
Small
Lame
Right -of -way Construction
$ 200.00
$ 1000.00 (June -Nov)
$2000.00 (June -Nov)
$ 2000.00 (Dec -May)
$4000.00 (Dec -May)
Work in the ROW (Without Lane
$ 50.00 (June -Nov)
$ 100.00 (June -Nov)
Closures), Cost Per Day
$ 100.00 (Dec -May)
$ 200.00 (Dec -May)
Miscellaneous Events $ 200.00
PSC Regulated Franchise Utility $100.00
Application Fee + $50/Day inspection fee
Renewal/Modification of unexpired or
*$ 100.00
$ 500.00
$ 1000.00
incomplete Permit
Re- inspection - First
$ 100.00
$ 100.00
$ 100.00
Second
$ 150.00
$ 150.00
$ 150.00
Third
$ 200.00
$ 200.00
$ 200.00
All subsequent inspections
$ 250.00
$ 250.00
$ 250.00
Jack- and- Bore/Directional Bore
$ 500.00
$ 1000.00
$2000.00
Open -cut Construction
$2000.00
$4000.00
$6000.00
Sprinkler Head Placement in R/W
$ 50.00
$ 200.00
$ 400.00
Turn Lane Construction
$ 500.00
$ 1500.00
$3000.00
After- the -Fact Permit 4 X Normal Fee ($24000.00 max)
* If the Renewal/Modification does not require additional staff time and field check
(unexpired permit only), there will not be any fees charged.
* *Development two (2) acres or less are considered small.
Page 1 of 4
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Exhibit "A"
Right -of -way Permit Notes:
11/13/2012 Item 16.A.17.
1. Unjustified delays meeting permitted deadlines shall require additional fees as authorized.
2. Small Commercial Development shall be defined as a non - residential (single- family or duplex)
project generating 6D0 vehicles trips per day or less.
3. Large Commercial Development shall be defined as a non - residential (single- family or duplex)
project generating greater than 600 trips per day.
4. A right -of -way use fee (chart attached) per day shall apply to all non - residential projects
requiring a lane closure on a major roadway or sidewalk closure on any roadway (chart
attached). A major roadway is defined herein as being one of the following Collier County
maintained roadways:
Roadway Name
From
To
Immokalee Road
Tamiami Trail North (US 41
SR 29 tmmokatee
Vanderbilt Beach Road
Tamiami Trail North (US 41 )
Collier Boulevard
Pine Ridoe Road
Tamiami Trail North US 41
Collier Boulevard
Golden Gate Parkway
Tamiami Trail North US 41
Collier Boulevard
Radio Road
Rattlesnake Hammock Road
Airport Road
Tamiami TSEW 1
Davis Boulevard
Goodlette -Frank Road
Tamiami T1t
Collier Boulevard
immokalead
Airport Road
Tamiami T1)
Immokalee Road
Livin ston Road
Santa Barbara Boulevard
Ra
Rattlesnakd
Lee Coun Line
_L Nan Boulevard
Pine Ridoe Road
Pine Rid a Rd
Lee County Line
Collier Boulevard
CR 29
US 41
Immokalee Road
Ba hove Dave
Everglades City
SR 90 (US 41
Golden Gate Boulevard
U.S. 41
C.R. 951
Thomasson Drive
Vanderbilt Drive
VBR
Desoto Boulevard
Gultshore Boulevard
VBR
Lee County Line
Oil Well Rd
Immokalee Rd
Bluebill Ave.
S. R. 29
Randall Boulevard
Immokalee Rd
Desoto Boulevard
Eve lades Boulevard
Golden Gate Boulevard
Immokalee Rd
Na les Boulevard
Pine Ride Road
Airport Road
County Barn Road I
Davis Boulevard
Rattlesnake Hammock Road
5. No refunds of unused fees shall be allowed.
6. Lane use fees shall be calculated by Collier County and shall be due and payable at the time
of permit application if a permit is issued. If a Notice of Intent to Issue a permit is provided by
the County in lieu of a permit, then the lane use fee shall be due and payable at the time of
issuance of the actual permit.
7. if work continues beyond the originally estimated lane use period, then additional lane use fees
shall be due and payable within two working days of notice to the Permittee of such additional
fees. Failure to provide the additional fees to the County within three working days of such
notice shall be cause for the project to be `red - tagged" and shut down. Lane use fees shall
continue to accrue during any period of shutdown and shall be added to the additional lane use
fees calculated by Collier County,
8. Any deviation from the above must be approved by the ROW Permitting and Inspection
manager or designee prior to implementation.
9. All County Projects shall be exempt from the Lane Rental Fee Incentive Program.
Page 2 of 4
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11/13/2012 Item 16.A.17.
Exhibit "A"
LANE RENTAL FEE (PER DAY) INCENTIVE PROGRAM
Sep fact Nov Dec
$6
Jan
Feb Mar
Page 3 of 4
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$600
Apr
May Jun Jul Aug
11/13/2012 Item 16.A.17.
Exhibit "A"
SIDEWALK RENTAL FEE (PER DAY) INCENTIVE PROGRAM
$100 $100 $10C
Aug Sep Oct
Nov uec .pan Feb Mar Apr
Page 4 of 4
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$100 ,$100 $100
May June July