BCC Minutes 02/13/1980 W
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Naples. Florida. February 13. 1980
LET IT BE REMEMBERED that tho Board of County Commissioners in and
for the County of Collier and also actin~ as governing board(s) of such
special districts as have been created accordfng to law and having con-
ducted business herein met on this data at 10:00 A.H. in Workshop Session
in Bldg. "F" of the Call ier County Court~ouse Complex with the following
members present:
CHAIRI1AN: Clifford Wenzel
VICE-CHAIRMAN: Thomas P. Archer
John A. Pfstor
C. R. "Russ" Wimer (11:10)
ABSENT: David C. Brown
ALSO PRESENT: Donald Pickworth. County Attorney; Anthony Pires.
Assfstant County Attorney; C. Willfam Norman. County Manager; Dr. Neno
Spagna. Planning Consultant; Lee layne. Planner; Richard Henderlong.
Planner. and Debbie Pantano. Deputy Clerk.
AGENDA
PROBLEMS ASSOCIATED WITH POPULATION GROWTH IN COLLIER COUNTY
AND THE RISING NEED FOR PUBLIC FACILITIES.
Chairman Wenzel explained that the purpose of the Workshop is to
discuss methods to raise funds for additional construction and repairs
within the SchcJl Eiaard system created by the "runaway growth" of Collfer
County. He stated that the Attorney for the School Board. James Siesky.
has submitted several recommendations as to possible alternatives to
raise funds for this purpose.
Mr. Siesky then outlined the three recommendations as follows:
1. A Facilities Expansion Fee
2. A Required land Contribution
3. A Facilities Expansion Tax
He stated that in his opinion. the Expansion Fee (Impact Fee)
is the least legally defensible; the mandatory land contribution concept
has been approved and utilized in various counties; and the Expansion
Tax, which he recommends of the three chofces. would take a long period
of time to be instituted as it requires state legislation rather than
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February I'. 1980
local legislation. (These three concepts are detailed in a report
submitted by Mr. Siesky to the Board on file with the Clerk).
Commissioner Pistor expressed the following concerns:
a. That taxes be utilized only within the districts
from which they are collected;
b. When funds are collec~~d from developments just starting.
to be used for repair~, there would be no funds available
when additions to the school' are necessary;
c. People who own acres of land for which they have been
paying taxes when it is undeveloped would demand a credit
when the assessed value is changed due to zoning changes.
Mr. Lamar Gable. member of the School Board. stressed the point that
whatever method is chosen to collect funds should be fair and equitable and
that certain standards and guidelines beset to accomplish this.
In response to Commissioner Archer. Mr. Siesky stated that. in
his opinion, any funds collected by the COunty would have no affect on
the funds due the County by the State of. Florida for the school system.
Mrs. Gerri Ka1vin. School Board member. commented this problem was
addressed previously and that the State has allocated advance funding
over a five-year period. Mr. Fran~ Holland. Fiscal Advisor to the School
Board. also stated that in his judgment any concept approved by the
County for the collection of funds would not have an affect on the
allocations from the State.
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Mr. Siesky ~hen explained in detail the method of the Facilities
Ex~ansinn Tax which would require the State legislature to authorize
the SCilO01 Board to levy a tax similar to the charge for the issuance
of a building permit or a documentary stamp sur-tax. He indicated that
would be his recommendation; however, due to the amount of time it
would take to institute such a tax. he suggested the mandatory land-
requirement concept be put into effect as soon as possible.
Mrs. Jane Paulus. School Board, concurred with Mr. Gable's sug-
gestion in that guidelines should be established now for collection
of funds and also with Mr. Siesky in that the land require~nt (or
cash in-lieu-of) be instituted in the near future.
A brief discussion was held concerning the land requirement
method wherein Commissioner Wenzel directed the County Attorney to
attend the next CAPC meeting to address the issue and obtain input
from that Board as well as any citizen or School Board input on the
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The County Manager commented that he has had prior experfence in
this type of mandatory land,contribution indicating it had been designated
~s a landmark cas~and he will make sure the CAPC obtains all the proper
input for this type of project.
Mr. Larry Cook. Naples Board of Realtors, expressed his approval
of the documentary tax method and suggested however. that possibly a
termination clause could be entered into the ordinance' that when the
School Board's goals are met the tax would cease. He also suggested
possibly a clause be written in that the funds collected by this tax
would go towards the improvement of roads. for example. and not limit
the funds to the expansion of schools.
Mr. Wafaa Assaad. of Wilson. Miller. Barton. Soll & Peek, commented
that an actual impact has not occurred until occupants are residing
in the unit; further, that the impact fee should not be associated with
the rezoning of the land. Mr. Assaad suggested a Comprehensive Plan
should be developed for the school system. In response to Mr. Assaad's
concern. County Attorney Pickworth stated the impact fee would only be
applied upon the subdividing of the land.
At this point in the meeting. Commissioner Wimer arrived at 11:10 A.M.
and was quickly brought up to date on the events of the session. Chairman
~_nzel explained that the staff and CAPC has been directed to provide
a recommendation to the Board on which growth fee is most feasible.
After lengthy discussion. the meeting was adjourned at 11:35 A.M.
by order of the Chair.
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