Agenda 01/27/2009 Item #16A 9
Agenda Item No, 16A9
January 27, 2009
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve an impact fee
reimbursement requested by Stock Construction on behalf of Player's Cove Development,
LLC, totaling $58,262.16, and a reimbursement of the Allowance for Funds Prudently
Invested totaling $2,229.32 due to the cancellation of a building permit
OBJECTIVE: That the Board of County Commissioners (Board) approve the reimbursement of
impact fees and Allowance for Funds Prudently Invested charges, requested on behalf of Player's
Cove Development, LLC, due to the cancellation of Building Permit No, 2008051917.
CONSIDERATIONS: Impact fees in the amount of $58,262,16 were paid for the above
referenced building permit on August], 2008. The building pennit was subsequently cancelled
on August 21, 2008 and request for reimbursement of the impact fees and Allowance for Funds
Prudently Invested (AFPI) fees of $2,229.32 has been submitted. Transportation impact fees are
not included in this request as they were paid with a Certificate of Adequate Public Facilities
(COA) credit and will be returned to the ledger for the project.
Section 74-202 of Article II of Chapter 74 of the Collier County Code of Laws and Ordinances,
the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, provides for
specific criteria and procedures for processing routine and non-routine requests for impact fee
reimbursements. Specifically, as set forth by Section 74-202 (h) (5):
"All reimbursement requests totaling twenty-five thousand dollars ($25,000) or more,
cannot be approved administratively and must be submitted to the Board of County
Commissioners. "
Section 134-173 of Article VI of Chapter 134 of the Collier County Code of Laws and
Ordinances, Division 1. District Rates Fees Charges and Regulations, the Water-Sewer District
Uniform Billing, Operating and Regulatory Standards Ordinance 2001-73, as amended by
Ordinance 2006-27 provides for the adoption of AFPI fees to afford the Water-Sewer District
(District) an oppOliunity to earn up to a fair rate of return on the District's investment in water
and/or wastewater plant that has been constructed but is not yet used and usefuL In addition
Section 134-173 (i) sets forth that the amount of the applicable AFPI charge is controlled by the
month when the related impact fee is received.
FISCAL IMPACT: The recommended impact fee reimbursements will be paid from the funds
specifically budgeted for impact fee reimbursements as follows:
~~....
Agenda Item No, 16A9
January 27.2009
Page 2 of 4
Emergency Medical Services
Government Buildings
Jail
Law Enforcement
Library
Parks
School
Sewer
Water
$ 501.04
$ 1,800,72
$ 609.08
$ 744.80
$ 1,611.16
$ 11,081.40
$ 12,558.44
$ 14,889.56
$ ] 4.465.96
Total:
$58,262.16
The AFPI fee reimbursements will be paid from the Collier County Water-Sewer District
Operating Fund 408, as follows:
AFPI Fee Water
AFPI Fee Sewer
$1,349.88
$ 879.44
Total:
$2,229.32
GROWTH MANAGEMENT IMPACT: Remittance of the requested impact fee
reimbursement may adversely affect capital project funding; however, the building permit has
been cancelled and the building will not be constructed on the site; therefore, a reimbursement is
due to the customer.
LEGAL CONSIDERATIONS: Section 74-202(h) of the Consolidated Impact Fee Ordinance
provides that "In the event a building permit issued for a development...is officially cancelled
... the then current owner/applicant may within four years of the.. ,cancellation... apply for a
reimbursement of a portion of or the entire impact fee.,." The Section goes on to provide that
"All reimbursement requests totaling $25,000.00 or more, cannot be approved administratively
and must be submitted to board of county commissioners." Section 134.173 is silent as to
whether AFPI fees may be reftmded. As such, it is a policy decision as to whether they may be
refunded. Accordingly, this request is legally sufficient for Board consideration and approval.
This is a non-quasi judicial matter requiring simple majority vote. -JAK
RECOMMENDA TION: Recommendation that the Board of County Commissioners approve a
reimbursement of impact fees and Allowance tor Funds Prudently Invested charges, requested on
behalf of Player's Cove Development, LLC, due to the cancellation of Building Pennit No.
200805 I 917 and approve any budget amendments that may be required related to the
reimbursement.
Prepared by: Amy Patterson, Impact Fee and Economic Development Manager,
Business Management and Budget Office, CDES
Item Number:
Item Summary:
Meeting Date:
Page] of2
Agenda Item No. 16A9
January 27.2009
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A9
Recommendation that the Board of County Commissioners approve an Impact fee
reimbursement requested by Stock Construction on behalf of Players Cove Development,
LLC, totaling $53.262.16, and a reimbursement of the Allowance for Funds Prudently
Invested totaling $2.229.32 due to the cancellation of a building permit.
1/27/200990000 AM
Prepared By
Amy Patterson
Community Development &
Environmental Services
Impact Fee Manager
Date
Financial Admin. & Housing
1/6/200910:14:24 AM
Approved By
Joseph Bellone
Public Utilities
Operations Supervisor
Date
Public Utilities Operations
1/6/200910:25 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Date
Community Development &
Environmental Services Admin.
1/6/200912:25 PM
Approved By
Thomas Wides
Public Utilities
Operations Director
Date
Public Utilities Operations
1/6/20091:09 PM
Appruved By
Jeff Klatzkow
County A.ttorney
Assistant County Attorney
Date
County Attorney Office
1i6/2009 2:09 PM
Apprund By
James W. Delany
Public Utilities
Public Utilities Adminlstrator
Date
Public Utilities Administration
1/7120098:16 AM
Appro\'cd By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adrninstrator
Date
Community Development &
Environmental Services Admin.
1/8/20098:08 PM
Approved By
Jennifer A. Belpedio
County Attorney
Assistant County Attorney
Date
County Attorney Office
1/13/200911:59 AM
Approved By
Garrett Mullee
Community Development &
Environmental Services
Financial Operations Manager
Date
Financial Admin, & Housing
1/13/20092:18 PM
Approvcd By
OMB Coordinator
OMS Coordinator
Date
tile:! Ie :\Agenda T est\Export\ 122-January%2027, %202009\ 16. %20eONSENT%20AGEND...
1/21/2009
Page 20f2
Agenda Item No. 16A9
January 27. 2009
Page 4 of 4
County Manager's Office
Office of Management & Budget
1/14/20097:19 AM
Approved By
Mark Isackson
Budget Analyst
Office of Management & Budget
Date
County Manager's Office
1119/20091:51 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/19/20091 :57 PM
fi le:/ /C:\Agenda T est\Export\ 122-J anuary%202 7, %202009\ 16. %20CONS ENT%20AG EN D...
1/21/2009