Title
Undergrounding of Bell South Utilities on SW 2nd Avenue (B)
Explanation
The CRA has previously funded the installation of underground fed decorative street lighting fixtures on SW 2nd Avenue, which is a key corridor for redevelopment. In addition, GRU funded the conversion of existing overhead power lines to underground power lines and converted GRUCom facilities to underground on this corridor. This work was been completed in several stages over the last four years. Although all utility companies had the option to underground their utility lines when GRU undergrounded the lines, Bell South chose not to convert its facilities at that time because their facilities were largely independent of the GRU owned facilities.
Although all GRU lines are now underground, poles still remain on SW 2nd Avenue supporting the Bell South communications lines. Bell South is not required to underground the lines under any existing agreement and they need the lines because they are critical to their infrastructure from the BellSouth and AT&T central station facilities located in the 500 block of SW 2nd Avenue. Bell South does not have a financial incentive to underground the lines and stated that they cannot bear the cost to underground the lines. However, they are willing to underground the lines if reimbursed. Bell South has provided an initial not to exceed estimate to GRU of $85,000 to underground the communications lines and remove the remaining poles from east of 8th Street to west of 12th Street. The CRA could reimburse Bell South for the cost of undergrounding the utility lines in order to remove the remaining "visual clutter" on this key corridor. The CRA has reimbursed Bell South previously in a similar situation on NW 17th Street during that streetscape project, although this potential reimbursement would be a direct reimbursement and not funneled through GRU, as was done on the NW 17th Street project.
When the CPUH Board reviewed this request, a member of the public raised concerns regarding whether Bell South could be mandated to go underground, and provided an example of when the citizen was able to mandate Cox Cable to underground their lines on a different project. As a result, the CPUH Board requested that staff research the pole agreement further. Staff has researched this option with GRU and has confirmed that the pole attachment agreement does not require Bell South to underground their lines, as pole attachment agreements with Bell South differ from agreements with Cox Cable. This request is time sensitive in nature, and given the outcome of staff's research, the CRA is requested to consider this option.
Fiscal Note
$85,000 to underground BellSouth communications lines and remove poles from east of 8th Street to west of 12th Street. This expense could be funded from the $800,000 the CRA is borrowing from the City to construct improvements to SW 2nd Avenue.
Recommendation
College Park University Heights Redevelopment Advisory Board to the CRA: request staff to research further the Pole Attachment Agreement with Bell South and obtain a legal opinion to determine if the City can require Bell South to underground their facilities on SW 2nd Avenue.
Executive Director to the CRA: Recommend the CRA: 1) approve the expenditure of $85,000 to underground Bell South communication lines on SW 2nd Avenue; and 2) fund the expenditure from the $800,000 borrowed from the City to construct improvements to SW 2nd Avenue.