Agenda 02/08/2011 Item # 8B
Agenda Changes
Board of County Commissioners Meeting
February 8, 2011
CONTINUE ITEM 8B TO THE FEBRUARY 22., 2011 BCC
MEETING: RECOMMENDATION TO ADOPT A
RESOLUTION AMENDING COLLIER COUNTY'S W ATER-
SEWER DISTRICT IMPACT FEE RATES, ESTABLISHED BY
ORDINANCE 2007-57, AS AMENDED, BY REDUCING THE
WATER IMPACT FEE BY $285 (-80/0) TO $3,290 PER
EQUIVALENT RESIDENTIAL CONNECTION AND THE
WASTEWATER IMPACT FEE BY $250 (-7.20/0) TO $3,245
PER EQUIVALENT RESIDENTIAL CONNECTION, FOR A
TOTAL REDUCTION OF $535 (-7.60/0) WITH AN EFFECTIVE
DATE OF FEBRUARY 14, 2011. THIS IS A COMPANION TO
ITEM 8D. (STAFF'S REQUEST)
Continue Item 8D to February 22. 2011 BCC Meetinf!: Recommendation to adopt an Ordinance
amending Chapter 74 of the Collier County Code of Laws and Ordinances (Collier County
Consolidated Impact Fee Ordinance) by amending the Road Impact Fee rate schedule, which is
Schedule One of Appendix A, to reflect the Phase II rate schedule set forth in the "Collier County
Transportation Impact Fee Cost and Credit Update Study" adopted September 28,2010, which
provides for a reduction in rates; and providing for a delayed effective date of February 14,2011.
This is a companion to Item 8B. (Staff's request)
Move Item 16Dl to Item 10E: Recommendation to approve selection of firms under RFP 10-5572:
Wiggin's Pass Permitting, Modeling & Inlet Management Plan to Coastal Planning & Engineering,
Inc. and direct staff to bring a negotiated contract to the Board for subsequent approval
(Commissioner Hiller's request)
Move Item 161(5 to Item 11A: Recommendation to authorize a representative ofthe County
Attorney's Office to bid on behalf of the County at four code enforcement lien foreclosure sales
scheduled by the Clerk in BOARD OF COUNTY COMMISSIONERS vs. JEAN CLAUDE MARTEL,
Circuit Court Case No. 10-720-CA, in an amount not to exceed the value of the County's foreclosed
lien interest; approximately $409,000 for 4 parcels. (Commissioner Hiller's request)
Move Item 16Bl to 13A: Recommendation to authorize the CRA Executive Director to negotiate
land purchase agreements, subject to approval by the Community Redevelopment Agency, relating
to expansion of the Gateway Triangle Stormwater Management Pond and approve an application for
a FEMA grant to fund the purchase of the subject properties (Commissioner Hiller's request)
Note:
Correction to Item 16D2: In the Executive Summary, Fiscal Impact section, third sentence should read
"Collier County and partners will be required to provide a match of at least.w 100 percent of the grant
award". (Staffs request)
Time Certain Items:
Item lOB to be heard at 10:30 a.m.
4/12/2011 3:25 PM
2/8/2011 Item 8.B.
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution amending the Collier County Water-Sewer
District Impact Fee Rates, established by Ordinance No. 2007-57, as amended, by
reducing the water impact fee by $285 (-8%) to $3,290 per Equivalent Residential
Connection, and the wastewater impact fee by $250 (-7.2%) to $3,245 per
Equivalent Residential Connection, for a total reduction of $535 (-7.6%), with an
effective date of February 14, 2011.
OBJECTIVE: Adopt a Resolution amending the impact fee rates established by
Ordinance No. 2007-57, as amended. providing for incorporation by reference the results
of the Water and Wastewater Impact Fee Study, dated December 15, 2010.
CONSIDERATIONS: Water and wastewater impact fees are used by the Collier
County Water-Sewer District (District) to partially fund necessary long-term capital
improvements required to meet the increased demand for potable water, wastewater, and
non-potable irrigation quality water services relative to population growth and growth-
related development. One of the standards for inclusion of capital project costs in the
impact fee calculation is that the project is growth driven or provides a system-wide
benefit, the cost of which should be shared by new growth connecting to the system.
-
Ordinance No. 2001-13, adopted by the Board of County Commissioners (Board) on
March 13, 2001, as amended, included amendments to impact fee schedules by
Resolution No, 2002-88, adopted on February 12.2002.
The impact fee methodology for the District's non-residential customers was amended by
Resolution No. 2003-300, adopted on September 9. 2003. On April 13, 2004, Resolution
No. 2004-102 authorized a change in format to the subject Fee Schedule to provide
additional clarity and consistency regarding water and wastewater impact fees.
Ordinance No. 2007-57, adopted on June 26. 2007, established the District's then current
water and wastewater impact fees.
On June 24, 2008, the Board adopted a Resolution No 2008-202 decreasing the water
impact fees by $41.49 and wastewater impact fee by $227.39, for a total reduction of
$268.88. The effective date of the decrease was October 1, 2008.
Public Resources Management Group (PRMG) was retained in June 2010 to perform an
impact fee study. Their analysis shows, and staff recommends, a decrease in the water
impact fee by $285, and a decrease in the wastewater impact fee by $250. for a total
reduction of $535. effective February 14, 2011. If approved by the Board. the total
reduction in water and wastewater combined impact fee since October 1, 2008. will be
$803.88 or 11%.
-
Packet Page -53-
2/8/2011 Item 8_B.
For water and wastewater combined, the capital costs allocable to future users through
Fiscal Year 2020 are estimated at approximately $346 million.
Utility relocation costs have been included as part of the transportation impact fee. With
the completion ofthe Water and Wastewater Impact Fee study. the utility relocation costs
will be removed from the Road Impact Fee and moved to the appropriate utility impact
fees and/or rates.
The methodology used to calculate these proposed impact fees is consistent with the
approach used in previous impact fee studies. and conforms to the equity tests established
by case law (i.e.. rational nexus).
Staff reviewed the Capital Improvement Plan included in the impact fee study with the
Chamber of Commerce Public Policy Committee on November 19.2010. The committee
did not take any action; however. positively acknowledged the work of the Public
Utilities Staff. Staff reviewed the Capita] Improvement Plan and the study with the
Development Services Advisory Committee (DSAC) on November 3 and December I.
2010. and January 5. 2011. At the January 5. 2011 meeting. the DSAC recommended
approval of the study with ten members voting in favor. three opposed and one recused.
Staff also met with the Productivity Committee on November 17. December] 5. 2010,
and on January 19, 2011. The Productivity Committee appointed a sub-committee to
review the study. Upon the recommendations of the sub-committee. the Productivity
Committee unanimously recommended approval of the impact fee study as presented.
Please see Attachment I for a copy of the timetable of all interactions with stakeholders.
A copy ofthe study is available in the County Manager's Office.
FISCAL IMP ACT: Assuming an average annual growth rate of 1.000 water ERCs and
1.000 wastewater ERCs. the revenues to be generated by these recommended impact fees
for the next fiscal year 2012 are estimated as:
Water
Wastewater
$3.290.000 (Water Impact Fee Fund No. 411)
$3.245.000 (Wastewater Impact Fee Fund No. 413)
TOTAL =
$6.535.000
The effect of the proposed impact fees on residential and non-residential structures is
shown in the attached Exhibit A.
LEGAL CONSIDERA nONS: The proposed Resolution has been approved for format
and legal sufficiency by the Office of the County Attorney. This action requires a simple
majority vote by the Board. JBW
The impact fee study was reviewed by the legal firm Nabors. Giblin, and Nickerson. P.A.
Packet Page -54-
2/8/2011 Item 8.B.
GROWTH MANAGEMENT IMPACT: The purpose of these recommended water
and wastewater impact fees is to provide necessary revenues from future customers of the
District's water and wastewater systems to partially fund long-term capital improvements
required to meet the increased demand for potable water, wastewater, and non-potable
irrigation quality water services relative to population growth and growth-related
development, as analyzed by the impact fee study.
RECOMMENDATION: Adopt a Resolution amending the Collier County Water-
Sewer District Impact Fee Rates, established by Ordinance No. 2007-57, as amended, by
reducing the water impact fee by $285 (-8%) to $3.290 per Equivalent Residential
Connection, and the wastewater impact fee by $250 (-7.2%) to $3,245 per Equivalent
Residential Connection, for a total reduction of $535 (-7.6%), with an effective date of
February 14,20] 1.
Prepared by: Tom Wi des, Operations Support Director, Public Utilities Division
Packet Page -55-
2/8/2011 Item 8.B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 8.B.
Item Summary: Recommendation to adopt a Resolution amending the Collier County
Water-Sewer District Impact Fee Rates, established by Ordinance No. 2007-57, as amended, by
reducing the water impact fee by $285 (-8%) to $3,290 per Equivalent Residential Connection,
and the wastewater impact fee by $250 (-7.2%) to $3,245 per Equivalent Residential
Connection, for a total reduction of $535 (-7.6%), with an effective date of February 14,2011.
Meeting Date: 2/8/2011
Prepared By
Name: SridharBala
Title: Management/Budget Analyst, Senior, Utilities Finane
1/20/2011 10:50:35 AM
Submitted by
Title: Management/Budget Analyst, Senior. Utilities Finane
Name: SridharBala
1/20/2011 10:50:37 AM
Approved By
Name: HapkeMargie
Title: VALUE MISSING
Date: l/20/2011 2: Il :37 PM
Name: Joseph Bellone
Title: Manager - Utility Billing & Cust Serv.,Utilities Finance Operations
Date: 1/21/2011 12:46:21 PM
Name: WidesTom
Title: Director - Operations Support - PUD.Utilities Fina
Date: 1/24/2011 1l:56:49AM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Packet Page -56-
2/8/2011 Item 8.B.
Date: 1/24/2011 1 :50:40 PM
Name: DeLonyJim
Title: Administrator - Public Utilities,
Date: 1/25/2011 8:08: 13 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/27/2011 4:22:01 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Manage
Date: 1/31/2011 10:22:54 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/31/2011 4:28:44 PM
Name: OchsLeo
Title: County Manager
Date: 1/31/2011 6:26:02 PM
Packet Page -57-
19
2/8/2011 Item 8.B.
Public Resources Management Group, Inc.
Utility, Rate, Financial and Management Consultants
December 15,2010
Honorable Chairman and Members of the
Board of County Commissioners
Collier County
3301 Tamiami Trail East
Naples, FL 34112
Subject:
Water and Wastewater Impact Fee Study
Ladies and Gentlemen:
Public Resources Management Group, Inc. (PRMG) has completed our review of the water and
wastewater impact fees for the Collier County (the "County") Water-Sewer District (the
"District") water and wastewater system (the "System"), and has summarized the results of our
analyses, assumptions, and conclusions in this report. which is submitted for your consideration.
The purpose of our analysis was to review the existing impact fees and make recommendations
as to the level of charges that should reasonably be in effect consistent with: i) the fixed assets
installed by the District; and ii) the capital expenditure requirements identified in the District's
multi-year capital improvement prol,'Tam (CIP). As reported by County staff, the capital cost
estimates as contained in the CIP were based on recent prices for local Collier County projects,
and such cost estimates were recognized in the impact fee calculations reflected in this report.
Since the last formal impact fee and user rate studies performed in 2008, the District has
continued to recognize lower customer growth as a result of current economic conditions.
Moreover, water sales have declined also due to the current economic conditions coupled with
the lingering effects of the recently imposed general water use restrictions by the South Florida
Water Management District (which have been relaxed as of the date of this report). Based on the
latest County planning estimates, no new water and wastewater treatment facilities are
anticipated to be required until Fiscal Year 2027.
Based on our review, PRMG is recommending that the water system impact fee be decreased
from $3,575 to $3,290 per Equivalent Residential Connection (ERC). For the wastewater
system, we are recommending a decrease in the impact fee from $3,495 to $3,245 per ERe. The
combined water and wastewater fees with the proposed rate adjustments would be $6,535, a
decrease of $535 or 7.6% when compared with the existing combined fees of $7,070. In 2008,
the combined fees were lowered by $269. Since 2008, the total reduction in the combined water
and wastewater impact fees has been $804 ($535 + $269) or 11.0%.
The rate schedule for the proposed impact fees calculated during the current impact fee study is
shown on Table ES-! following this letter. In addition to having recalculated the impact fees for
the System, PRMG has also updated the System Allowance for Funds Prudently Invested (AFPI)
fees which link to the impact fees and are essentially a "carrying charge" to recover certain costs
associated with providing capacity to new development. The AFPI fees reflect the cost of
Packet Page -58-
2/8/2011 Item 8.B.
Honorable Chairman and Members of the
Board of County Commissioners
Collier County
December 15, 2010
Page 2
financing the expansion-related infrastructure until impact fees are received by the District.
AFPI fees are not impact fees; rather, they are considered a component of the System rates and
charges. Any AFPI fees received are treated as other operating revenues of the System and
should be utilized to pay for System debt service. A summary of the proposed AFPl fees is
shown on Table ES-2 following this letter.
At the outset of the study, it was determined that the proposed impact fees should meet a number
of goals and objectives. These goals and objectives deal primarily with criteria related to fee
sufficiency and level. Specifically, the major objectives considered in this study included:
. Existing customers, to the extent practical, should not finance or be impacted by the cost of
financing and constructing water and wastewater infrastructure to serve new growth;
. The water impact fees should be sufficient to fund the allocable cost of the identified capital
requirements associated with providing water production; treatment and transmission service
to new development;
. The wastewater impact fees should be sufficient to fund the allocable cost of the identified
capital requirements associated with providing wastewater transmission, treatment and
disposal service to new development;
. The impact fees should not be used to fund deficiencies in the capital needs of the water and
wastewater utility systems (i.e., no expenditures for renewal and replacement or upgrade of
facilities allocable to existing customers);
. The impact fees should be based upon reasonable level of service standards that meet the
needs of the District, should be indicative of the criteria used for long-term infrastructure
planning, and should be consistent with industry standards;
. The proposed impact fees should be based on cost of service (full cost recovery) principles;
and
. New development, to the extent practical, should fund the cost of financing the construction
of System infrastructure specifically allocated to expansion; the AFPl fee (carrying charge)
provides a basis of recovering such costs and further shifts the burden of expansion-related
capital to new growth.
The proposed water and wastewater impact fees presented in this report have been structured to
meet these objectives. The fees we calculated during the course of our analyses were based on
the recovery of capital-related costs that have been incurred and which have available capacity to
serve new development as well as costs anticipated to be incurred by the District during the
projection period. As previously mentioned, the capital-related costs identified in the eIP were
Packet Page -59-
Honorable Chairman and Members of the
Board of County Commissioners
Collier County
December 15, 2010
Page 3
2j8j2011 Item 8.B.
prepared by the District staff and documented the capital improvement plan for the fiscal year
period of201O to 2020, which is the capital needs period considered in the impact fee report.
Based on the information provided by the District and the assumptions and considerations
outlined in this report, which should be read in its entirety, PRMG considers the proposed impact
fees to be cost-based, reasonable, and representative of the allocable capital expenditure needs of
the District to serve growth. Additionally, the proposed AFPI fees are considered by PRMG to
be reasonable and comparable with similar charges imposed by other Florida utilities. Moreover,
such fees provide a basis for the recovery of the cost of capital associated with constructing and
financing expansion-related infrastructure.
We appreciate the opportunity to be of service to the County and would like to thank the County
staff for their assistance and cooperation during the course of this study.
Respectfully submitted,
Public Resources Management Group, Inc.
?~.c -1 cD-<--'
Robert J. Ori
President
/'": )'/; .'
L{ ! :a"tf
,
Bryan A. Mantz
Supervising Consultant
/T-"
,-<
/07;r'" .
Packet Page -60-
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Table ES~2
Collier County Water~Sewer District
Water and Wastewater Impact Fe<' Study
Proposed Allowance for Funds Prudenth' Invested IAl'PI) r'ee Schedule
2/8/2011 Item 8.B.
AFPI he Schedule Per ERC ~ Water System
Payment Calendar Year
Month 201011J 2011[11 2012 2013 2014 2015 2016
January $51 ~';'80 Sf>74,44 $760,% $856,m~ $856.08 $856.08 $85608
February 531.77 687,41 772,85 856.()[\ 856.08 856.08 856.08
March 544.74 642.0ti 784.74 856.08 856.m; 856.08 856.08
April 557.7] 653,45 746.63 856.08 856.08 856.08 856.0g
May 570.68 f,65.H4 8(J8S~ 856,08 856.08 856.08 856.08
June 583.65 677.73 82(J.41 X56.08 856.08 856.08 856.08
July 596.62 68lJ.6:: S32,30 856.08 X56.08 856.08 856.08
August 609.54 70L51 k44.1Q 856.08 856.08 856.08 856.08
September 622.56 713.40 856.08 856.08 856.08 856.08 856.08
October 635.53 7::::5.2lJ 856.08 856,08 856.08 85f>.U8 856.08
November MH.50 737.18 8:'i6.m: 85(1.fJ8 856.08 856.08 856.08
December 661,47 749.0" 856.08 856.08 856.m; 856.08 856.08
Payment
Month
211101lJ
January
February
March
April
May
.Iune
July
August
September
October
November
December
$421.hO
43~.14
442.6X
453.22
463,76
474.30
4X4.R4
495.38
505.92
51h,4h
527.00
537.54
AFPI Fee Schedule Per ERC ~ Wastewater System
Calendar Year
2011 [11 ::01:::: ::013 2014
2015
$654.48
654.48
654.48
654,4X
654.4X
654,48
654.48
654.48
654,48
654.48
654,48
654.48
2016
$654.48
654,48
654.48
654.48
654.48
654.48
654,4P
654,48
654.48
654.48
654.48
654,48
$548,08 $581.70 $654.41': $654,48
55R.62 590.8:'i 654.48 654.48
490.Sb .'\Q9.94 654.48 054,4R
499.95 609,03 (,S44R t-.54,48
509Jl4 (,1 R. 1:::: 654.48 654,48
5]:-;,13 (,27.21 6544B 654,48
527.:::::: 63(1.30 65448 65448
536.31 h4~ ~9 654.48 654.48
545.40 6.'\448 654.48 654,48
:'i54,4Q ti544S 654.48 654.48
563.58 (,54.48 f,54.48 654.48
57::::.67 654.48 654.48 654.4S
[1 J AFPl fees for January 2010 through rebruary 2011 were established during the previous rale slUdy perfanned by PRMG in 2008. The
revised AFPI fee schedule is proposed to become effective on March 1. 2011
1/18/2011; 12:01 PM
Packet Page -62-
2/8/2011 Item 8.B.
ATTACHMENT 1
PUBLIC UTILITIES WATER-SEWER FEE STUDY MEMORANDUM
INTRODUCTION
The intent of this memorandum is to provide documentation of the steps that staff has
completed, and remain to be completed to vet the five (5) water and wastewater related fee
studies through interested stakeholders, prior to presentation to the Board for approval on
February 8, 2011.
Specifically, the five (5) studies include:
a) Collier County Water-Sewer District (CCWSD) Impact Fee study;
b) CCWSD Water and Wastewater User Fee study;
c) Goodland Water District Rate study;
d) CCWSD Irrigation Quality (IQ) Rate study;
e) CCWSD Wholesale Water Rate Study.
CCWSD STAFF ACTIVITIES 'STAKEHOLDER ORDER)
COUNTY MANAGER
October 7, 2010, staff met with the County Manager and presented the results of the
five (5) fee studies.
GOODLAND
April 20, 2010, staff met with the Goodland Homeowner's Association to discuss the
need for a 5% rate increase that would be recommended to the Board for adoption on
October 1, 2010. Staff also acknowledged that a rate study was being developed to
review the 5 year financial horizon for the Goodland District.
August 16, 2010, staff appeared before Marco Island City Council, requesting that
Council not pass the contemplated 10.5% water rate increase on to Goodland. Staff
requested Council to consider a lower percentage increase, due to the unique bulk
service provision of water to Goodland.
September 20, 2010, staff again appeared before Marco Island City Council, requesting
that Council not pass the contemplated 10.5% water rate increase on to Goodland. City
Council voted to pass the 10.5% increase to all customers, including Goodland. Staff
requested, and City Council agreed to separately evaluate the Goodland bulk service, as
part of a commissioned cost of service study for the Marco Island utility.
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2/8/2011 Item 8.B.
December 7, 2010, staff met with Commissioner Fiala to discuss the results of the
Goodland Water District Rate study, prior to a scheduled meeting with the Goodland
Homeowner's Association.
December 14, 2010, staff met with the Goodland Homeowner's Association to present
the results ofthe Goodland Rate study.
December 30,2010, staff participated in a phone conversation initiated by Ms. Connie
Fullmer, President, Goodland Preservation Coalition. Ms. Fullmer had a number of
questions concerning the Goodland Water District, its financial condition, and the rate
study.
DSAC
November 3, 2010, staff delivered copies of the 2011 CCWSD Impact Fee to the DSAC
Committee. Staff was scheduled, and delivered an executive summary discussion to the
DSAC Committee. The DSAC provided questions to staff; some questions were
answered at the meeting, others required follow-up analysis. The DSAC took no action,
and staff was scheduled to return for the December 1, 2010 meeting.
November 22, 2010, staff responded to DSAC, reference a series of questions provided
by individual members. Staff had previously requested all questions be provided to staff
by November 19.
December 1, 2010, staff again met with the D5AC Committee to discuss the responses to
questions provided by staff on November 22. The DSAC Committee took no action;
however, provided additional questions for staff.
December 8, 2010, staff responded to DSAC, reference questions provided by individual
DSAC members at the December 1 meeting.
January 5, 2011, staff met with the D5AC Committee to answer outstanding questions,
and gain the committee's final position on the impact fee study. The DSAC voted 10 - 3
to recommend approval of the Impact Fee study results.
PRODUCTIVITY COMMITTEE
November 17, 2010, staff met with the Productivity Committee, and delivered an
executive summary discussion of the five (5) fee studies to the Committee for
presentation. The committee discussed the results with staff. The committee decided
not to create a sub-committee; however, agreed to provide any individual questions
back to the staff before the next meeting. One member of the committee to an
expanded version of the executive summary for individual review. No further action
was taken at the meeting.
December 15, 2010, staff met with the Productivity Committee, and was prepared to
respond to questions from the committee (no questions had been provided to staff in
Packet Page -64-
2/8/2011 Item 8.B.
advance of the meeting). One committee member had reviewed the expanded version
of the executive summary. The committee member found the information difficult to
review, and suggested the need for expanded narrative to better explain the results of
the studies, It was also suggested that staff obtain outside legal review of the impact
fee study. The committee decided to create a 5 member sub-committee to review the
studies.
January 4, 2011 (week of), staff is anticipating feedback from outside counsel (Nabors
and Giblin) on the methodology, and legal sufficiency of the impact fee study. This
action was taken at the suggestion of one of the members of the Productivity
Committee.
January 19, 2011, staff met with the Productivity Sub-Committee. The sub-committee
provided questions to staff in advance of the meeting. Staff responded to the questions
prior to the meeting. During the meeting, sub-committee members and staff discussed
the responses. The sub-committee noted they would recommend that the committee
voted to recommend adoption of the studies.
January 19, 2011, immediately after the Productivity Sub-Committee meeting, staff met
with the full Productivity Committee to answer any outstanding questions, and gain the
committee's final position on the fee studies. The Productivity Committee unanimously
recommended adoption ofthe studies.
CHAMBER OF COMMERCE
November 16, 2010, staff provided a read ahead on impact fees to the Chamber of
Commerce Public Policy Committee.
November 19, 2010, staff met with the Chamber of Commerce Public Policy Committee
to discuss the Collier County Water-Sewer District (CCWSD) Impact Fees. The
committee took no action; however, positively acknowledged the work of the Public
Utilities staff.
January 4, 2011, staff met with Chamber of Commerce Infrastructure Committee to
discuss the state ofthe utility. Topics included the operational, available capacity and
financial strength of the utility.
CBIA
January 4,2011 (week of), staff responded to letter of request to the County Manager
forwarded from the CBIA. Essentially, the letter requested an outline ofthe criteria
used to select projects for impact fee funding. This was a combined effort with the
Growth Management Division.
Packet Page -65-
2/8/2011 Item 8.B.
BOARD OF COUNTY COMMISSIONERS
February 8, 2011, staff is scheduled to meet with the Board of County Commissioners to
request approval of all five (5) fee studies.
Packet Page -66-
2/8/2011 Item 8.B.
RESOLUTION NO. 2011 -
A RESOLrTION OF THE BOARD OF COUJIITY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX OFFICIO THE GOVERNING BOARD OF
THE COLLIER COUNTY WATER SEWER DISTRICT, AMENDING THE
IMPACT FEE RATES ESTABLISHED BY ORDINANCE NO. 2007-57.
WHEREAS, on March 13, 2001, the Board of County Commissioncrs (Board) adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance. repealing and
superceding all of the County's then existing impact fec rcgulations. and consolidating all of the
County's impact fee regulations into that one Ordinance. codified in Chapter 74 of the Collier
County Code of Law and Ordinanccs (Code). and incorporaling thc walcr and scwer impact fee
rates established by the adoption of Ordinancc No. 98-69: and
WHEREAS. on December 1 ] . 2001. the Board adopted Resolution No. 2001-488 thcreby
amending Schedule Two of Appendix A of Chapter 74 of the Code. as amcnded. thc samc bcing
the Collier County Consolidaled Impact Fee Ordinance; increasing the Watcr and Scwer Impact
Fee rates and directing stalTto update the Impact Fee after one year; and
WHEREAS, in accordance with that direction. the County has retained Public Resources
Management Group, Inc. (Consultant) 10 rcview the existing water and sewer impact fees and to
recommend changes to those fees if appropriate; and
WHEREAS. on February l2. 2002. the Board adopted Resolution No. 2002-88 to correct
Scrivener's errors. and to corrcct the water impact fee dO\vnward by $50 per Equivalent
Rcsidcntial Unit (ERC), and to amend Schedule Two of Appendix A of Chapter 74 ofthc Code.
as amended. the same being the Collicr County Consolidated Impact Fee Ordinancc; thereby
incrcasing thc Water and Scwcr Impact Fee ratcs; and
WHEREAS, on June 6, 2006. the Board adopted Ordinance No. 2006.26 amending
Ordinance No. 200 J.] 3 changing the impact fec ratc; and
WHEREAS, on June 26, 2007. the Board adopted Ordinance No. 2007-57 anlending
Ordinance No. 2006-26 changing the impact fec ratc and to include Annual Mid-Cycle water and
sewer impact fee rale indexing; and
WHEREAS. on Junc 24, 2008, the Board adopted Resolution No. 2008-202 amending
Ordinance No. 2007-57 decreasing the water impact fees by 84].49 and wastewater impact fe~
by $227.39. for a total reduction of $268.88; and
WHEREAS, thc County uses impact fees to supplement the funding of nccessary capital
improvements required to provide public faciJjties to scrye ncw population and related
development that is necessitated by growth in Collier County; and
WHEREAS, the Consultant has estimated the cost to future utililY system users of
approximately three hundred and forty six million ($346 million) in the next ten (10) years; and
Packet Page -67-
2/8/2011 Item 8.B.
WHEREAS. the Consultant has rccommended a water impact fee rate decrease from
$3.575 per ERe to $3,265 per ERe. a decrease of $3] 0 and a sewer impact fee rate decrease
from $3,495 per ERC to $3.240 pcr ERe. a decrease of $255 for all customer classes based on
their ERe's equivalents: and
,"'HEREAS, the above recommended rate decrease for water and ratc decrea<;e for sewer
establish these rates at the maximum levcls allowed in accordance with cquity tests established
and cxisting pursuant to Florida law; and
WHEREAS, staff has thoroughly reviewed the Consultant's flndings and
reconmlcndations and staff concurs with the recommended decrease to water and the
recommended dccrcasc to ;;ewer impact fee rate changes. and staff recommends that lhe Board
adopt this Resolution 10 implement these reconm1cnded changes; and
WHEREAS. thc Board lind;; that it is in the interest of health, safety and welfare of the
customcrs to accept the recommendations ofthe Consultant and from staff.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD 0.1' COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY
OF COLLIER COUNTY AND AS EX OFFICJO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER SEWER DISTRICT, that:
The Board of County Commissioners hereby declares, after advertised public hearing, that
thc water and sewer impact fee rates set Ilmh in the revised Schedule Two of Appendix A of
Ordinance No. 2007-57. as amendcd. thc Collier Coullly Consolidated Impact Fee Ordinance, the
samc bcing Schedule Two of Appcndix A of Chapter 74 ofthc Collier County Code of Law and
Ordinances. attached hereto, and incorporated be reference herein as Exhibit '"A" are fair and
reasonable and arc 10 be assessed to those \.vho receive or will rccci ve benefits from increased
water facilities capacity. increased sewer public facilities capacity, or from both, which increased
capacity is necessitated by increased population and related growth drivcn development.
BE IT FURTHER RESOLVED that these rcvised water and sewer impact fees will take
effect as of 12:01 A.M. on Y1onday. February 14.20 ll.
THIS RESOLUTION ADOPTED aftcr motion, second and majority vote on this the _
day of .20] 1.
ATTEST:
DWIGHT E. BROCK, CLERK
By:
. Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY. FLORIDA, AS
TllE GOVERJ\ING BODY OF COLLIER
COU:--iTY AND AS EX OFFICIO THE
GOVERNING BOARD OF TI-IE COLLIER
COUNTY WATER SEWER DISTRICT
Approval as to fonn
and legal sufficiency:
.) . . ~
\.. -b~' "~'-'-
, ,"-,.
Jennifer m While
Assistant County Atlomey
By:
FRED \V. COYLE, CHAIRMAN
Packet Page -68-
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2/8/2011 Item 8.B.
20D · Friday, January 28, 2011 · Naples DaDy News
NOTICE
NOTICE
NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTlON
Notice is hereby given that the Board of County Commissioners of Collier County
will, hold a public nearing on Tuesday, February 8, 2011 in the Boardroom, 3rd
Floor, Administration Building, 'Collier County Government tenter, 3299 East Ta-
miami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The title of the
proposed Resolution is as tollows:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA. AS THE .GOVERNING BODY OF COLLIER COUNTY.AND AS EX OFFICIO Trlf
GOVERNING BOARO OF'THE COLLIER COUNTY WATER SEWER DISTRICT, AMEND.
ING THE IMPACT FEE RATES ESTABLISHED BY ORDINANCE 2007-S7.
Copies' of the proposed Resolution are on file with the Clerk to the. Board and ,are
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 seJectionof an in-
dividual to speak on behalf of an organization or group is encouraged. Ifrecog-
nized by the Chair, a spok~person 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
packet5 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 bee-orne a permanent part of the record.
Any person who decides to appeal a decision of the Board will Reed 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 evi-
dence upon which the appeal is based. .
If you are a person with a disability who needs any accommodation hi order to par-
tiCIpate in this proceeding; you ire entitled, at no cost to ,You, to the provision of
certain assistance. Please contact the Collier County FacilitIes Management Depart-
ment, located at 333S.Tamiami ,Trail East. Suite #101. Building W, Naples, Florida
34112, (239) 252-8380_ Assisted lIstening devices for the hearing impaired are avail-
able in the County Commissioners' Office. ,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Polaski, Deputy Clerk
(SEAl).
JaOlJMV'R 7n1 1
No1RRfi1QQ
Packet Page -70-