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Agenda 12/01/2009 Item #16B 5 Agenda Item No. 1685 December 1, 2009 Page 1 of 8 EXECUTIVE SUMMARY Request for authorization to advertise and bring back an Ordinance amending Collier County Ordinance No. 2001-43, as amended (The Vanderbilt Beach Beantification Municipal Service Taxing Unit), to incorporate provisions to facilitate the ongoing conversion of overhead ntility distribution facilities to underground service within the MSTU boundaries. OBJECTIVE: To obtain authorization to advertise an amendment to 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. CONSIDERATIONS: 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 project priority. Since that date, the MSTU has: (J) amended 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) recently 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 overhead utilities underground within the MSTU. During the past two years the Vanderbilt Beach MSTU has had two (2) publicly advertised meetings (with individual mailings to each property owner within the MSTU Boundary) with over 200 people in attendance at each of these meetings. There was an overwhelming voice of support 'in favor' at both of these meetings. Despite the overwhelmingly positive sentiment of the MSTU residents at the meetings to convert overhead utilities underground, there arc a few residents that have been reticent to cooperate in the necessary connection of service that will be required as the project with FPL proceeds. In order to obtain a twenty-five percent (25%) reduction in the fee from FPL, all the MSTU residents must participate in the relocation of overhead utilities underground, resulting in substantial savings in the cost of this project. The proposed amendment provides further direction and requires the cooperation of the MSTU residents to allow access to their premises to complete the overhead utility conversion project. In addition, the proposed anlendment incorporates advance notice to advise the MSTU residents of 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 well as the reduction of the instances of power outages that results from both natural and man-made occurrences and provides that the MSTU will fund the connections to private propeliy to realize the FPL savings. ~"'., Notably, this project is a seminal case in that FPL has not undertaken a similar overhead to underground conversion project of this magnitude. Pagelofl , "",."0<.' Agenda Item No. 1685 December 1, 2009 Page 2 of 8 FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. Upon approval of amendment to Ordinance No. 2001-43 all cost associated with the underground utility conversion project will be borne by the Vanderbilt Beach MSTU. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is otherwise legally sufficient for Board action.-SRT GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDA TION: That the County Manager, or his designee, be directed to advertise the attached amendment to Ordinance No. 2001-43, as amended, to bring it back for the Board's consideration. Prepared by: Darryl Richard, Project Manager, Department of Alternative Transportation Modes Attachment: Proposed Amended Ordinance '''''., ~"'~, Page 2 of2 _.,~.. Agenda Item No. 1685 December 1, 2009 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16B5 Request for authorization to advertise and bring back an Ordinance amending Collier County Ordinance 2001-43, as amended (The Vanderbilt Beach Beautification Municipal Service Taxing Unit), to incorporate provisions to facilitate the ongoing conversion of overhead utility distribution facilities to underground service within the MSTU boundaries. Meeting Date: 12/1/20099:00:00 AM Prepared By Darryl Richard Project Manager Date Transportation Division Alternative Transportation Modes 11/11/20096:30:02 PM Approved By Darryl Richard Project Manager Date Transportation Division Alternative Transportation Modes 11/11/20096:31 PM Approved By Caroline Soto Management/Budget Analyst Date Transportation Division Transportation Administration 11/12/20091:34 PM Approved By Scott R. Teach Deputy County Attorney Date County Attorney County Attorney 11/12/20093:23 PM Approved By Jeff Klatzkow County Attorney Date 11/17/20092:40 PM Approved By Norm E. Feder, AICP Administrator ~ Transportation Date Transportation Division Transportation Administration 11/17120094:50 PM Approved By Therese Stanley Manager - Operations Support - Trans Date Transportation Division Transportation Administration 11/17/20094:51 PM Approved By Pamela J. Lulich Manager ~ Landscape Operations Date Transportation Division Alternative Transportation Modes 11/17/20095:06 PM Approved By -,,- Rhonda Rembert Contracts Specialist Date Administrative Services Division Purchasing & General Services 11/18/20098:49 AM - -. ..... ~~.-.,--_.."..,.. - .. ". ..~.--"'_..",~."."_... -----"">--""-' ,,'".--"----.----- Agenda Item No. 1685 December 1, 2009 Page 4 of 8 Approved By Steve Carnell Director - Purchasing/General Services Date Administrative Services Division Purchasing & General Services 11/18/200910:15 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Division Transportation Administration 11/18/20091:23 PM Approved By OMS Coordinator Date County Attorney County Attorney 11/19/20091:55 PM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 11/19/20095:25 PM Agenda Item No. 1685 December 1, 2009 Page 5 of 8 "~"" 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. 200[-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 [5, 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. 200 1-43, 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. 2001-43 is hereby amended to read as follows: .- I Underlined words are added; Struck Through words are deleted. .. .-.--.".',' ----_.,-_.....--~-.. "_.._~--,,~",-, ....'-----..-- - . Agenda Item No. 1685 December 1, 2009 Page 6 of 8 SECTION mREE. 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 transformer to private residences and, as needed, arranging to locate the burial of such power lines alongside any existing utility easements, as well as, connecting service and/or disconnecting service to toe external_portions of the residences required as part of converting overhead utility distribution facilities to unde~ground service '*K 61tCltitIiBg tile 6Kjl6BaihH'e of MSW-filRda-for llR)' llliEIiti6Bltl wiring or iHtltaHetioH of iffij'lrO'/elHel1ts 91' ~t<'l eORl1tlet S0f\'iee te resideRoos reqHir~' GlJrrent 00de or resu.king Cram any other hafdvlfiffJ BOBeenfouuKy. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SECTION TWO: Conversion of Overheali Utility Distribution Facilities to Underj!round Service (a) The conversion of over\1ead utility distribution facilities to underground service is intended to provide aesthetic benefits, enhaocing both the Jlli!Perty values and quality of life of the residents of the MSTU. and would reduce instances of power oUll!ges resultinll. from overhead -power lines from both natural and man-made occurrences thereby promoting the heal~h. safety, and welfare of those residents. (b) The MSTU shall notify each J1rQPerty owner that the existing overhead utility distrihution service will be disconnected for conversion to underground facilities at least sixty 2 Underlined words are added; Struck Through words are deleted. ,.,.,,,,,._...,..,.,.~. .. Agenda Item No. 1685 December 1, 2009 Page 7 of 8 .~ .ffiQ) days (hereinafter referred to as the "notice"}.prior to a specified dateW certain ofthe actual underground conv~rsiOQ. The notice shall be served by certified mail. addressed to the owner or owners ofthe ro:gperty described as their names and aJidresses are shown upon the records of the 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 served by a //iW enforcerm:nt officer. or oth,er lawfully authorized llrocess server. IlpQn the occupant of p"e 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 performed after reasonable search by a law enforcement officer. the notice shall be served by physical posting on said..ID:QPerty. (c) Within sixty (2Q) days from the dl}te of the MSTU's notice that overhead utility ~-~ distribution fucilities are ready to be converted to underground distribution facilities. owners and occupant~ of .1!f.QPerty within the MSTU shall allow access to their Qremisetl and cooperij"te with the contractor retained for the J1miect so tha.t the conversion of the overhead facilities underground can be acconmlished. (d) Whenever overhead utility distribution facilities are converted underground. such fw;;jlities shall remain underl(l'Ound and may not there=!fter be converted to overhead facilities, except with the prior lUll!.roval of the governing. body. and only in instances necessllO' to promote the health. safety and welfare of the MSTU residents. (e) This article may be enforced by all avai,lJlble means authorized by law. The MSTU. through its governing body. s~1I take any and all steps necessary to ensure the health, safety. and welfare of all residents within the MSTU durjn,g the underground conversion of utilities. - 3 Underlined words are added; Strgck Through words are deleted. -,.."_._-~.~_._.----- "--- _;'~"__U ", -.....-.- ..- ..- Agenda Item No. 1685 December 1, 2009 Page 8 of 8 SECTION THREE: Conflict and Severability In the event this Ordinance conflicts with any other Ordinance of Co llier 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-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION fiVE: Effective Date This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DOL Y ADOPTED by the Board of County Commissioners of Collier County, Florida this day of __. ,2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: DONNA FIALA, CHAIRMAN Approved as to fonn and Legal sufficiency: Scott R. Teach Deputy County Attorney 4 Underlined words are added; Struck Through words are deleted. .",..",.",~,.....,."..