Agenda 02/10/2015 Item #17E 2/10/2015 17.E.
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending the Conservation Collier Ordinance 2002-63,as
amended, to modify the number of members on the Conservation Collier Land Acquisition
Advisory Committee(CCLAAC) during times when active acquisition is not occurring from nine to
seven and the quorum requirements from five to four members.
OBJECTIVE: To allow the CCLAAC to continue to function with reduced membership, as
there are not currently enough members to constitute a quorum.
CONSIDERATIONS: On January 13, 2015, the Board directed the County Attorney to
advertise, and bring back for a public hearing, an ordinance amending the Conservation Collier
Ordinance, to reduce the number of members on the Advisory Committee from nine to seven and
the quorum requirements from five to four members when not in an active acquisition phase.
As background, the Conservation Collier Ordinance, 2007-65, as amended, Section 8.2 advises
that the Land Acquisition Advisory Committee shall be composed of nine members. In Section
8.4, a quorum is defined as the presence of five or more members. Currently, the Land
Acquisition Advisory Committee is comprised of four members, with one set to end his term in
February 11, 2015. Vacant seats for this Committee have been advertised since July 2014 with
two applications recently received but one subsequently withdrawn. At present, the Committee
does not have a quorum to continue meeting.
This ordinance amendment would reduce the number of members on the CCLAAC by two, and
allow for a smaller group (one less than currently) to function as a quorum in making land
management and program recommendations for the Conservation Collier Program during
periods where no active acquisition is occurring and land management and programs are the
focus.
If the Conservation Collier Program is reauthorized for general acquisition under a future
referendum, the CCLAAC would automatically expand back to nine members. If in the future
acquisition is again halted, natural term limits can be used to bring the CCLAAC back to seven
members to again focus on land management and programs.
This amendment was discussed at the October 13, 2014 CCLAAC public meeting and members
were provided a copy of the proposed amendment at the January 12, 2015 CCLAAC meeting.
At the October 13, 2014 CCLAAC meeting, members felt that a larger membership was
desirable, at the same time acknowledging that few applications have been received and it was
important to maintain enough members to achieve a quorum. At the January 13, 2015 CCLAAC
meeting, members agreed that reducing the membership to seven with a four member quorum
was acceptable during times when active acquisition was not taking place.
FISCAL IMPACT: There is no fiscal impact to reducing the number of Members in CCLAAC
from nine to seven.
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GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a
majority vote for Board approval. -JAB
RECOMMENDATION: That the Board of County Commissioners adopt proposed
amendments to Conservation Collier Ordinance 2007-65, as amended, Sections 8.1 and 8.4, to
reduce the membership of the Conservation Collier Land Acquisition Advisory Committee from
nine to seven members with a four person quorum, when not in an active acquisition phase.
PREPARED BY: Alexandra J. Sulecki,Principal Environmental Specialist
Attachments: Proposed Ordinance
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.E.
Item Summary: Recommendation to adopt an Ordinance amending the Conservation
Collier Ordinance 2002-63, as amended,to modify the number of members on the
Conservation Collier Land Acquisition Advisory Committee (CCLAAC) during times when active
acquisition is not occurring from nine to seven and the quorum requirements from five to four
members.
Meeting Date: 2/10/2015
Prepared By
Name: BetancurNatali
Title: Operations Analyst, Beach&Water
1/20/2015 11:19:27 AM
Submitted by
Title: Environmental Specialist, Principal, Conservation Collier
Name: SuleckiAlexandra
1/20/2015 11:19:28 AM
Approved By
Name: WilliamsBarry
Title: Director-Parks &Recreation, Parks&Recreation
Date: 1/20/2015 1:23:46 PM
Name: TownsendAmanda
Title: Director-Operations Support,Public Services Division
Date: 1/21/2015 2:5 1:46 PM
Name: Washburnllonka
Title: Manager-Park Operations, Parks &Recreation
Date: 1/28/2015 8:55:36 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
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2/10/2015 17.E.
Date: 1/28/2015 3:01:26 PM
Name: CarnellSteve
Title: Administrator-Public Services,Public Services Division
Date: 1/29/2015 2:45:18 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/30/2015 12:01:44 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 2/2/2015 9:22:40 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/2/2015 12:44:49 PM
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2/10/2015 17.E.
ORDINANCE NO. 2015 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2002-63,
AS AMENDED, KNOWN AS THE CONSERVATION COLLIER
IMPLEMENTATION ORDINANCE, IN ORDER TO MODIFY THE
NUMBER OF MEMBERS OF THE LAND ACQUISITION ADVISORY
COMMITTEE AND QUORUM REQUIREMENTS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on Tuesday, November 5, 2002, the electorate of Collier County authorized
a levy of 0.25 mill ad valorem property tax for a period of not to exceed 10 (ten years, for
acquisition, protection, restoration, and, management of environmentally sensitive lands in
Collier County for the benefit of present and future generations; and
WHEREAS, accordingly, the Board of County Collier County Commissioners (Board)
adopted Ordinance No. 2002-63, The Conservation Collier Implementation Ordinance, which
established the Conservation Collier Program and its Land Acquisition Advisory Committee; and
WHEREAS, the Board wishes to amend Section 8 of The Conservation Collier
Implementation Ordinance in order to modify the number of Advisory Committee Members that
make up the Land Acquisition Advisory Committee and the number of Advisory Committee
Members required for a quorum.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION 8 OF ORDINANCE NO. 2002-63, AS
AMENDED.
Section 8 of Ordinance No. 2002-63, as amended, is hereby amended as follows:
Section 8 - Land Acquisition Advisory Committee.
1. Appointment and Composition. The land acquisition advisory committee shall be
composed of nine (9) members who are appointed by and will serve at the pleasure of the Board
of County Commissioners in accordance with Ordinance No. 2001-55, as amended. When active
acquisition phases are not in place,the Land Acquisition Advisory Committee shall be composed
of seven (7) members. Membership of The Land Acquisition Advisory Committee shall
comprise broad and balanced representation of the interests of Collier County citizens, including.
Words Underlined are added;Words Struck krettgh are deleted.
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a. Environmental=land management, and conservation interests in Collier County.
b. Agricultural and business interests in Collier County.
c. Educational interests in Collier County, and
d. General civic and citizen interests from throughout the county.
Individual members of the land acquisition advisory committee shall have expertise, knowledge
or interest in ecology, conservation of natural resources, real estate or land acquisition, land
appraisal, land management, eco-tourism or environmental education. A nominee shall submit
to the Board of County Commissioners written evidence of his or her expertise, knowledge or
interest in any of the above. The members of this committee should include representatives from
different areas of Collier County.
4. Officers, Quorum and Rules of Procedure. At its earliest opportunity, the membership of
the Committee shall elect a chairperson and vice chairperson from among the members.
Officers'terms shall be for a period of one (1) year, with eligibility for reelection.
The presence of five (5) or more members shall constitute a quorum of the Committee
necessary to take action and transact business, unless active acquisition phases are not in place,
in which case four (4) or more members shall constitute a quorum. The Committee shall, by
majority vote of the entire membership, adopt rules of procedure for the transaction of business.
The Land Acquisition Advisory Committee shall comply with the applicable requirements of the
Florida Sunshine Law, and shall keep a written record of meetings, resolutions, findings and
determinations in accordance with Chapter 112, Florida Statutes. Copies of all Committee
minutes, resolutions, reports, and exhibits shall be submitted to the Board of County
Commissioners.
SECTION TWO: 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 the 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 THREE: 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 Ordinances may be renumbered
Words Underlined are added;Words Struck-Thr-ough are deleted.
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or re-lettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida,this day of , 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk TIM NANCE,CHAIRMAN
Approved as to form and legality:
Jennifer A. Belpedio, County Attorney ?
Words Underlined are added;Words£MOk-Through are deleted.
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2/10/2015 17.E.
•
•
•
NAPLES DAILY NEWS « Wednesday, January 28, 2015 « 37D
•
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday,
bruary 10, 2015, in the Boardroom, Third Building, Collier County 3299 Tam amt T ai, Naples, Florida,loriida theBoardofCounty Commissioners, will onsider
the enactment of a County Ordinance. 'The meeting will commence at 9:00 A.M.
The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY,FLORIDA, AMENDING ORDINANCE NO 2002-63, AS AMENDED, KNOWN
AS THE CONSERVATION COLLIER IMPLEMENTATION ORDINANCE, IN ORDER TO
MODIFY' THE NUMBER OF MEMBERS THE LAND ACQUISITION ADVISORY
COMMITTEE AND QUORUM REQUIREMENTS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. , .
A Copy of the proposed,Ordinance is on‘file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing.to speak on any agenda item 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 materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
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 that 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
COLLIER COUNTY,FLORIDA
.TIM NANCE,CHAIRMAN
•
DWIGHT E.BROCK,CLERK
By: Martha Vergara,Deputy Clerk
(SEAL)
January 78 2015
• No.2045505
•
•
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2/10/2015 17.F.
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance amending Chapter 74 of the Collier County Code
of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance,
providing for the incorporation by reference of three impact fee studies; amending the
Road Impact Fee rate schedule, which is Schedule One of Appendix A, the Water and
Wastewater Impact Fee rate schedule, which is Schedule Two of Appendix A, and the
Correctional Facilities Impact Fee rate schedule, which is Schedule Four of Appendix A;
providing for updates to definitions for compliance with the update studies and
methodology; providing that impact fees are assessed using the rates in effect (1) when the
building permit application is submitted, or (2) at the time of the issuance of a certificate of
occupancy or certificate of completion for the development, whichever is less; correcting a
date used for terms of deferrals; amending provisions related to the imposition of Water
and Wastewater Impact Fees to comply with the study and methodology updates; and
providing for an effective date of February 17, 2015 for all rate categories that are
decreasing and a delayed effective date of May 11, 2015 for all rate categories that are
increasing, in accordance with the 90-day notice requirements set forth in Section
163.31801(3)(d),Florida Statutes.
OBJECTIVE: That the Board of County Commissioners (Board) adopts an ordinance
amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier
County Consolidated Impact Fee Ordinance, to provide for the adoption and incorporation of
three impact fee studies and associated impact fee rates, amend pertinent sections of the
ordinance for consistency with the studies or make required edits and provide for an effective
date of February 17, 2015 for all rate categories that are decreasing and a delayed effective date
of May l l, 2015 for all rate categories that are increasing, in accordance with the 90-day notice
requirements set forth in Section 163.31801(3)(d), Florida Statutes.
CONSIDERATIONS: On January 27, 2015 (Item 11A) the Board directed the County
Manager, or his designee, and the County Attorney to advertise for future consideration an
ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances in order to
adopt three impact fee studies and associated changes to impact fee rates and amend pertinent
sections of the ordinance for consistency with the studies or make required edits.
The requirement for the update of impact fees "at least every three years" is set forth by Section
74-502 of the Collier County Code of Laws and Ordinances (Code). In keeping with the formal
update requirement, the County retained Tindale-Oliver and Associates, Inc. (TOA) to complete
the Road and Correctional Facilities Impact Fee Update Studies and Public resources
Management Group, Inc. (PRMG) to complete the Water and Wastewater Impact Fee Study
The attached reports (link below) describe the technical and legal framework and the
methodology used to update each of the impact fees. Additionally, the update studies have been
reviewed by the County's outside legal counsel,Nabors, Giblin &Nickerson, P.A.
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An overview of the major study components and specifics related to changes being incorporated
as a result of the three impact fee studies are included in the January 27, 2015 Executive
Summary, which is provided as back-up to this item (Attachment A).
FISCAL IMPACT: Revenue projections related to the individual impact fees depend heavily
on the permitting trends during the corresponding time period. Changes in permitting activity
will directly affect these impact fee revenue streams.
The fiscal impacts of the proposed changes by category are as follows:
Road - In FY 2014, impact fee collections (with refunds factored in) totaled approximately $10
million. Assuming that permitting activity and type remains consistent or similar to prior year,
the revenue increase related to this change is estimated at approximately $2 million.
Additionally,the total increase in revenue may not be fully realized in the first year following the
increase as permitting activity within the 90-day notice period has historically increased prior to
the effective date of an increase in fees, and all permits that are currently "in process" via a
complete building permit application are not subject to imposition of an increased rate.
Correctional Facilities - In FY 2014, impact fee collections (with refunds factored in) totaled
approximately $1 million. Assuming that permitting activity and type remains consistent or
similar to prior year, revenue loss related to this change is estimated at approximately $66,000
over a one year period following the decrease.
Water and Wastewater - In FY 2014, impact fee collections (with refunds factored in) totaled
approximately $5.58 million for Water and $5.46 million for Wastewater. Assuming that
permitting activity and type remains consistent or similar to prior year, revenue loss related to
this change is estimated at approximately $1.05 million for Water and $1.2 million for
Wastewater. Additionally, as stated above, the estimated revenue loss from the change to a
meter-size methodology is approximately $900,000. The cumulative revenue loss is estimated at
approximately $3-3.15 million over a one year period following the decrease.
Downward adjustments to impact fees directly impact the specified Fund's ability to pay debt
service payments. However, new development cannot be charged in excess of the cost
attributable to the demand being created. In the case of Water and Wastewater Impact Fees,
shortfalls in impact fee collections my require user fees to supplement impact fee revenue,
relative to debt service obligations, similar to the general fund loans utilized to pay growth-
related debt for other impact fee program areas.
The statutory minimum 90-day notice is not required for impact fee reductions. Therefore, the
proposed Water and Wastewater Impact Fee rates, and the proposed Road and Correctional
Facilities Impact Fee rates (Phase 1), constituting a rate decrease will go into effect 2015, after
the formal adoption hearing. The Road and Correctional Facilities Impact Fee rates (Phase2),
constituting rate increases will become effective, after adoption and the required 90-day notice,
on May 11, 2015.
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GROWTH MANAGEMENT IMPACT: Objective 2 of the Capital Improvement Element
(CIE) of the Collier County Growth Management Plan (GMP) states: "Future development will
bear a proportionate cost of facility improvements necessitated by growth."
The proposed changes maintain the fairness and equity of the impact fee provisions while
providing programmatic improvements and overall benefit to the residents and businesses of
Collier County.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners adopts an ordinance
amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier
County Consolidated Impact Fee Ordinance, providing for the incorporation by reference of
three impact fee studies; amending the Road Impact Fee rate schedule, which is Schedule One of
Appendix A, the Water and Wastewater Impact Fee rate schedule, which is Schedule Two of
Appendix A, and the Correctional Facilities Impact Fee rate schedule, which is Schedule Four of
Appendix A; providing for updates to definitions for compliance with the update studies and
methodology; providing that impact fees are assessed using the rates in effect (1) when the
building permit application is submitted, or (2) at the time of the issuance of a certificate of
occupancy or certificate of completion for the development, whichever is less; correcting a date
used for terms of deferrals; amending provisions related to the imposition of Water and
Wastewater Impact Fees to comply with the study and methodology updates; and providing for
an effective date of February 17, 2015 for all rate categories that are decreasing and a delayed
effective date of May 11, 2015 for all rate categories that are increasing, in accordance with the
90-day notice requirements set forth in Section 163.31801(3)(d), Florida Statutes.
PREPARED BY: Amy Patterson, Office of Management and Budget and
Capital Project Planning, Impact Fees and Program Management- GMD
Attachments:
1)Attachment A-Executive Summary (January 27, 2015-Item 1 I A)
2)Proposed Ordinance Amendment
2)Land Use Comparisons
3)"Road Impact Fee Update Study"—due to the size of the document, which is 6MB, and 97 pages long,
it is accessible at:
http://www.coiliergov.net/ftp/AgendaJan2715/GrowthMgmt/Collier County TIF Update FINAL
1-13-14.pdf
4)"Correctional Facilities Impact Fee Update Study"—due to the size of the document,which is 1MB,
and 40 pages long, it is accessible at:
http://www.colliergov.net/ftp/AgendaJan2715/GrowthMgmt/Collier County Jail IF Update F
INAL 1-13-15.pdf
5)"Water and Wastewater Impact Fee Study—due to the size of the document, which is 801 KB and 36
pages long, it is accessible at:
http://www.colliergov.net/ftp/AgendaJan2715/GrowthMgmt/Signed CCWSD Impact Fee Study R
eport 01 14 2015.pdf
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2/10/2015 17.F.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.F.
Item Summary: Recommendation to adopt an ordinance amending Chapter 74 of the
Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact
Fee Ordinance, providing for the incorporation by reference of three impact fee studies;
amending the Road Impact Fee rate schedule, which is Schedule One of Appendix A,the Water
and Wastewater Impact Fee rate schedule, which is Schedule Two of Appendix A, and the
Correctional Facilities Impact Fee rate schedule, which is Schedule Four of Appendix A;
providing for updates to definitions for compliance with the update studies and methodology;
providing that impact fees are assessed using the rates in effect (1) when the building permit
application is submitted, or (2) at the time of the issuance of a certificate of occupancy or
certificate of completion for the development, whichever is less; correcting a date used for
terms of deferrals; amending provisions related to the imposition of Water and Wastewater
Impact Fees to comply with the study and methodology updates; and providing for an effective
date of February 17, 2015 for all rate categories that are decreasing and a delayed effective
date of May 11, 2015 for all rate categories that are increasing, in accordance with the 90-day
notice requirements set forth in Section 163.31801(3)(d), Florida Statutes.
Meeting Date: 2/10/2015
Prepared By
Name: PattersonAmy
Title: Manager-Impact Fees &EDC,Business Management&Budget Office
1/27/2015 4:09:59 PM
Approved By
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 1/30/2015 4:48:51 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/2/2015 1:54:58 PM
Name: OchsLeo
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Title: County Manager, County Managers Office
Date: 2/2/2015 2:03:49 PM
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