Agenda 12/15/2009 Item #17C
Agenda Item No. 17C
December 15, 2009
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending Ordinance No. 2001-43, as amended
(The Vanderbilt Beach Beautification Municipal Service Taxing Unit), per the Board's Dec 1,
2009 direction under Agenda Item 16BS to incorporate provisions to facilitate the ongoing
conversion of overhead utility distribution facilities to underground service within the MSTU
boundaries.
OBJECTIVE: To adopt an Ordinance amending Ordinance No. 2001-43, as amended" the
Vanderbilt Beach Beautification Municipal Service Taxing Unit (hereafter the "MSTU") to
incorporate provisions to facilitate the ongoing conversion of overhead utility distribution
facilities to underground service within the MSTU boundaries.
CONSIDERA nONS: As early as November 2, 2004, a community public opinion survey of
the residents of the MSTU ranked the 'burial of overhead utilities as their highest pniject
priority. Since that date, the MSTU has: (1) runended its enabling ordinance to facilitate the
overhead utility to underground service project, (2) cooperated with the Florida Power and Light
Company ("FPL") to enter into a "Right of Way Agreement" for the conversion of the overhead
utilities to underground facilities, and (3) recenlly obtained Board approval to enter into an
Underground Facilities Conversion Agreement with FPL to convert overhead electric
distribution facilities on Channel Drive located within the MSTU. The Channel Drive project
specifically provides an opportunity to complete an overhead relocation of utilities on a smaller
scale, which will assist in the eventual complete conversion of all ovcrhead utilities underground
within the MSTU.
During the past two years the Vanderbilt Beach MSTlJ has had two (2) publicly advet1:ised
meetings (with individual mailings to each property owner within the MSTU Boundary) with
over 200 people in attendance at each of these mectings. There was an overwhelming voice of
support 'in favor' at both of these meetings.
Despite the overwhelmingly positive scntiment of the MSTU residents at the meetings to convert
overhead utilities underground, there arc a few residents that havc been reticent to cooperate in
the necessary connection of scrvice that will be required as the project with FPL proceeds. In
order to obtain a twenty-five percent (25%) rcduction in thc ree from FPL, all the MSTU
residents must participate in thc relocation or ovcrhead utilities underground, resulting in
substantial savings in the cost of this project. The proposed amendment provides further
direction and requires the cooperation of the MSTlJ residents to allow aeccss to their premises to
complete the overhead utility conversion project. In addition, the proposed amendment
incorporates advance notice to advise the MSTlJ residcnts or the anticipated date of the
underground conversion. Finally, the proposed amendment sought to be advertised recognizes
the public benefit in promoting the aesthetic enhancement to the MSTU as wcll as the reduction
of the instances of power outages that rcsults from both natural and man-made occurrences and
provides that the MSTU will fund the connections to private property to realize the FPL savings.
.-.
Page 1 of 1
Agenda Item No. 17C
December 15. 2009
Pa'le 2 of 10
Notably, this project is a seminal case in that FPL has not undertaken a similar overhead to
underground conversion project of this magnitude.
On December I, 2009 Collier County Board of County Commissioners directed staff to
coordinate with the Office of the County Attorney and advertise the attached proposed
amendment to the Vanderbilt Beach Municipal Service Taxing Unit Ordinance. The attached
proposed Ordinance has been lawfully advertised.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary except
the nominal costs for legal advertising. Upon approval of amendment to Ordinance No. 2001-43
all cost associated with the underground utility conversion project will be bome by the
Vanderbilt Beach MSTU.
LEGAL CONSIDERA nONS: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient for Board action-SRT.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: To adopt an Ordinance amending Ordinanee No. 2001-43, as
amended, to incorporate provisions to facilitate the ongoing conversion of overhead utility
distribution facilities to underground service within the Vanderbilt Beach MSTU boundaries.
Prepared by: Darryl Richard, Project Manager, Department of Alternative Transpol1ation Modes
Attachment: Proposed Amended Ordinance
Page 2 01'2
Agenda Item No. 17e
December 15. 2009
Paqe 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
He
Recommendation to adopt an Ordinance amending Ordinance No. 2001-43, as amended
(The Vanderbilt Beach Beautification Municipal Service Taxing Unit), per the Boards
December 1. 2009 direction under Agenda Item 16B5to incorporate provisions to facilitate
the ongoing conversion of overhead utility distribution facilities to underground service within
the MSTU boundaries.
Meeting Date:
12/15/20099:00:00 AM
Prep. red By
Darryl Richard
Project Manager
Date
Transportation Division
Alternative Transportation Modes
12/1/20095:04:43 PM
Approved By
Michelle Edwards Arnold
Director" Alt Transportation Modes
Date
Transportation Division
Alternatfve Transportation Modes
12/2/20098:45 AM
Approved By
Jeff Klatzkow
County Attorney
Date
12/2/20098:46 AM
Approved By
Caroline Soto
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
12/2/20099:00 AM
Approved By
Darryl Richard
Project Manager
Date
Transportation Division
Alternative Transportation Modes
12/2120099:37 AM
Approved By
Pamela J. Lulich
Manager. Landscape Operations
Date
Transportation Division
Alternative Transportation Modes
12/21200912:56 PM
Approved By
Scott R. Teach
Deputy County Attorney
Date
County Attorney
County Attorney
12/2/20094:14 PM
Approved By
Therese Stanley
Manager - Operations Support - Trans
Date
Transportation Division
Transportation Administration
1213120098:56 AM
Approved By
Norm E. Feder, Ale?
Administrator - Transportation
Date
Agenda Item No. 17C
December 15, 2009
Page 4 of 10
Transportation Division
Transportation Administration
12/3/2009 12,44 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Division
Transportation Administration
12/3/20092,30 PM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
12/3/20092,58 PM
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
12/4/200910:41 AM
Approved By
Leo E. Ochs, Jr.
County Manager
Date
County Managers Office
County Man.?gers Office
1214/20095:29 PM
Agenda Item No. 17C
December 15, 2009
Paqe 5 of 10
ORDINANCE NO. 2009-
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 2001-43, AS
AMENDED (THE VANDERBILT BEACH BEAUTIFICATION MUNICIPAL
SERVICE TAXING UNIT); AMENDING SECTION THREE, PURPOSE AND
GOVERNING BODY; PROVIDING FOR A NEW SECTION GOVERNING
THE CONVERSION OF OVERHEAD UTILITY DISTRIBUTION FACILITIES
TO UNDERGROUND SERVICE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, on July 31, 2001, the Board of County Commissioners adopted Ordinance
No. 2001-43, establishing the Vanderbilt Beach Beautification Municipal Service Taxing Unit;
and .
WHEREAS, the Vanderbilt Beach Beautification Municipal Service Taxing Unit
Advisory Committee requested that the Board of County Commissioners amend and revise
Section Three of Collier County Ordinance No. 2001-43; and
WHEREAS, on December 15, 2009, the Board of County Commissioners as the
governing body of the Vanderbilt Beach Beautification Municipal Service Taxing Unit approved
the amendment to Ordinance No. 2001-43.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance
No. 2001-43, as amended, is hereby further amended to read as follows:
SECTION ONE: Amendment to Section Three Purpose and Governing Body
Section Three, Purpose and Governing Body of Collier County Ordinance No. 200]-43 is
hereby amended to read as follows:
Underlined words are added; Struck Through words are deleted.
Agenda Item No. 17C
December 15, 2009
Page 6 of 10
SECTION THREE.
Purpose and Governing Body
The MSTU is created for the purpose of: (1) Providing curbing, watering facilities,
plantings and maintenance of the median strips and right-of-way edges of roadways within the
MSTU; (2) Providing traffic calming improvements, street lighting, and sidewalks within the
MSTU; (3) Beautification and maintenance of other public areas within the MSTU as determined
by the Advisory Committee; and (4) providing for the Burial of Power Lines within the MSTU,
including providing underground trenching and burial of utility lines from the street or
transfonner to private residences and, as needed, arranging to locate the burial of such power
lines alongside any existing utility easements. as well as. cormecting service and/or
disconnectinl! service to the external ponions of the residences required as part of converting
overhcad utilitv distribution facilities to underl!round service but e:;c1udit'lg the e;;penditure of
MSTU fcmds for at'll' additional wirit'lb or il13tallati<m--ef-improvcments or uPbmdes 10 cormect
5€t'VKe 10 resi4:fIee5--i'etjimN-hY......€.Hrrent codc c;r-rcs.\.iJ{.in;; from any other 1_.Jware
nonconfonnity. The governing body of the MSTU shall be the Board of County Commissioners
of Collier County, Florida.
SECTION TWO:
Conversion of Overhead Utility Distribution Facilities to
Unden!round Service
(a) The conversion of overhead utility distribution facilities to underground service is
intended to provide aesthetic bcncl1ts. enhancinl! both the propertv values and qualitv of life of
the residents of the MSTU. and would reduce instances of power outages resulting from
overhead Dower lines from both natural and man-made occurrences thercbv Dfomotim! the
health. safetv. and welfare of those residents.
(b) The MSTU shall notif'v each propertv owner that the existing overbead utilitv
distribution service will be discormected for conversion (0 underground facilities at least sixtv
2
Underlined words are added; Struck Throuk'h words are deleted.
Agenda Item No. 17C
December 15, 2009
Page 7 of 10
(60) days (hereinafter referred to as the "notice") prior to a specified daters) certain of the actual
underground conversion. The notice shall be served by certified mail. addressed to the owner or
owners of the propertv described as their names and addresses are shown upon the records of tbe
county tax assessor. or other such public records filed in Collier County. Florida. and shall be
deemed complete and sufficient when so addressed and deposited in the United States mail. In
the event such notice is returned by postal authorities. a copy of the notice is to be servedltYJ!
law enforcement officer. or other lawfully authorized process server. upon the occupant of the
land or any agent of the owner thereof. In the event that personal service uPon the occupant of
the land or upon any agent of the owner thereof cannot be perfonned after reasonable searchltYJ!
law enforcement officer or other lawfullv authorized process server. the notice shall be served bv
phvsical posting on said property.
(c) Within sixtv (60) days from the date of the MSTU's notice that overhead utility
distribution facilities are ready to be converted to underground distribution facilities. owners and
occupants of property within the MSTU shall allow access to their premises and cooperate with
the contractor retained for the proieet so that the conversion of the overhead facilities
underl!round can be accomplished.
(d) Whenever overhead utilitv distribution facilities are converted underground. such
facilities shall remain underground and mav not thereafter be converted to overhead facilities.
except with the prior approval of the governing body. and only in instances necessary to promote
the health. safetv and welfare of tile MSTU residents.
(e) This article may be enforced bv all available means authorized bv law. The
MSTU. throu\lh its governing bodv. shall take anv and all steps necessary to ensure the health.
3
Underlined words are added; Struck Through words are deleted.
Agenda Item No. 17C
December 15, 2009
Page 8 of 10
safetv. and welfarc of all residents within tbe MSTU during the underground conversion of
utilities.
SECTION THREE:
Conflict and Severability
In the event this Ordinance conflicts with any other Ordinance of Collicr County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR:
Inclusion in The Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
re-Ietlered to accomplish such, and the word "'ordinance" may be changed to "'section," "at1icle,"
or any other appropriate word.
SECTION FIVE:
Effective Date
This Ordinance shall be effectivc upon filing with the Florida Depat1ment of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this _.______ day of _._______
, .2009.
.f
Underlined words arc addcd: Struck Throll~h words are deleted.
Agenda Item No. 17C
December 15, 2009
Pa!Je 9 of 10
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORlDA
Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
Approved as to form and
Legal sufficiency:
:;;zo. ~ ,0 j~. l
Scott R. Teach
Deputy. County Attorney
5
Underlined words are added; Struck Through words are deleted.
Agenda Item No. 17C
December 15, 2009
Page 10 of 10
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NonCE OF IN1B-, TO CONSIDER ClROIM..ct
Notice "i!> hereby glv!fl tllet on liJe5<il\JI Ooef..V'mM IS', 2tt09'. !n tti"'!' sOard.
P'O[o,.... 3M HooJ, A1:tm;n~tral:Ht_'\ BuildiQD Collier vJUrlty O~mmertl (;ffi.
tEl. ))01 East larniaml Trail. NaplE'5., ~In~rtda. thQ Be.ard of cour.ly C"mmrs
sloners wil cons;der tbi; ~lIt cl." C{'lunty "'dinanOf'.. Thp mlllf:>~
'inn cCdlWJJenO! 3t ~;oo A.M. The litl.e of the propa:~ Drdini'i"ce i5 as for:
IOD',!;
AA OIIil'HANCE ...MEI(PINoG COLUEIl COllNTY ORDIPoI...HCE 2~1"'3. AS
AMENPEI) (THE V"'NllEllIl1lT BEACH eE.l.IIT'F1c.nOJl ~UNleIPl>.I" "ERIIIOf'
ff.J(1NG UNn ~ ..t~E"'I)ING SECTlOH THREE, 'IIRPO,. "liD GDl'fRNlNG
BOO"; PRO\tIDtt4G FOW ^ tfEW ~EcnON l:iO\fUtr,INa- J JiI OOHVMSIO"- or
~EA;D UTILITY DtS'RlDUT~ON rACltillES try UI40f:RGROlJ:'<<) SfP.'VICE,:
j)R:JV1OIIfG rDR COfJ2n.tCT AND SEVDtABiU1Y: fIROVfDi'HG rOR: I NCll.1SION'
~N THE CODE Of LA.'1.\'5 AN[) ORDII\!ANCE~: AND "ROVIDIN'G FOP. rntCll'JE
DATL
Copies of ~ PrOp"$ed Ordinltl1l":'~ dlt" I\.~I nI~ \'fI1ttt. the l:h!l'"k HI the Board.
and sr. a....letIiIE' fvr Jns~ctjon. ".If irrt~t'e5tt-d pmties a!e i!'wiWtI 1Q ;3(.
tend 8M b~ hercL
NOf8 .All f.Jf:ltsOIIIS If'ishinll to spel:lk on <<lilY ~dJ. iten mIst repish:>"
If,Hh tilt! CotIPIty admlrtiStratGr prmr 10 pN':5l:'ntatlon of thP. oi.,....fJeoda item to
be addJ"e.!lged. h.dillilduai "'pealre~ 1111-in ue fillllled 1-30 3 minutes on any
itftm. Th~ ,.elettion of an iftd"lvIdual to .-;peak::ln bBtalf.C1 an ot'g,a-qIzaGo..
or nrOPp is (mcal.Jr"~_ 11 rt'(:n!.Jni'lt,(~ b.)' the ChaIrman, i SJnl~spet'!1Dn
fpr a g~.f)Up or Or9fL'lilation rn~ be .a.llo~ 1fl lIIi!t1fl.eS to Srf'lfif.: on ~
item_
Pc-twns wishing to hr:.:...e .....iUm Dr gr.llphlc Illat'!f"idJ::. mcluded In iItte 6t'ird
"2"!nd:s ~ ftlUSt submit said mare:-.!.' c: mittimom of J "I"oJr>f'!-:s pritx to
1t:J~ resPf'Ctfl'e pub1ic heil'i'i:JlQ. In an~' CI.~~, _itlell rr....ter.als inh!Ad~ci to
Iw!I <<In!iidm'ed by 1M 8!lUd 5hall ~e wbmltted to the aPJlf9Qri5.tf! r.ounf).'
staff a miniwAn of 5PYPB day.s pritlr to 1M- pubrlC hearing. 1.0 ftleateriil
u.s;f!!d in preserrtiiltlon5 before ttle &Joal'!t It\'U ~come a p{'rmii~nt part of
ltJ.p. r-ecotd_ .
Any IPftSOn lNho detidp.s to ;AVPGl.I a dt'cisioo of thll? i'llUd wiD ntlo9d .a. lie-
cord Qf the proceedin~ p@rta"'ing theJlIM:(I ollnd cherefC)re, may Ileed to en-
'S1.J!'e that a v~rtJB'4m rewrd' .of thE! proceeDln9S Is made. Whk:h rerord in-
dude." the tesI111lOl'1}' rllld ~idellCe upun ..../hlc;;h Che appeal is uased.
If ~IOLl afl!o a J'H!f"5Dn WIth ~ diwbility who ftMds any ac(U).......D.atlon in Gr-
"1 to Mtldpae In thiS: proc~edlnQ: you art!! ~1l1lPtf. ;tt no oost to you, to
the PftI'i&olli o.f bertAin assistance.. Plei'se contact the COfIi<< Counh' F~.
c:iJitle.s: ft.t5'uIgement: DepanfM'nt. locate{! at J~l Temiam:i Trail Ea~l. 9utU~
inp W. N6ple:L. FIibrid4 ~"11'... (239) 252~n. A!i!iisted Hst8l1ng 1!feyK:~S 1ar
the- ~8rj"C1 rmpa.ired are.- a....Ut'lbH: in tnot' Cotrnty Cr>mmis:siOoMf"3' officc-.
WARD OF COUNn L'OMt.ll!.SlDII1E1l,
OOLUER coutfTY1 f'1.01inCA
f}[)N'~1\ F11.tA. CliAIRMAN
f}~"Kf L IlROCI(. ~URK
B,': "'nn l!!11neWhn. [l.p.".. CIPr1<
[lecenbprt 1 :!Q
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