Agenda 05/27/2008 Item #16A 9
Agenda Item No, 16A9
May 27, 2008
Page 1 of 6
EXECUTIVE SUMMARY
That the Board of County Commissioners provide direction to the County Attorney
and the County Manager (or his designee) to advertise an amendment to the CoIlier
County Consolidated Impact Fee Ordinance, for consideration at the next available
regular meeting of the Board of County Commissioners, to remove an obsolete
reference to the Capital Improvement Element in the "Use of Funds" provisions in
order to maintain the internal consistency of the ordinance, as recommended by the
County Attorney
OBJECTIVE: Staff is seeking direction from the Board of County Commissioners
(Board) to advertise an amendment to the Collier County Consolidated Impact Fee
Ordinance, which is Chapter 74 of the Collier County Code of Laws and Ordinances, for
consideration at the next available regular meeting of the Board of County
Commissioners, to remove an obsolete reference to the Capital Improvement Element
(CIE) in the "Use of Funds" provisions (Section 74-203) in order to maintain the internal
consistency of the ordinance, as recommended by the County Attorney.
CONSIDERATIONS: While researching a query on the use of impact fees for a
proposed capital improvement, it was identified by the County Attorney and staff that an
obsolete provision exists within the Collier County Consolidated Impact Fee Ordinance
related to the use of impact fee funds, The provision is contained under section 74-203 (c)
provides that funds shall not bc used on "projects not contained in the County's 5-year
CIE."
The Annual Update and Inventory Report (AUIR) identifies the capital facilities needs
for public facilities over a 5-year time period for both Category "A" (Transportation,
Water, Sewer, Solid Waste, Drainage Canals and Structures and Parks) and Category "B"
(Correctional Facilities, Emergency Medical Services, Government Buildings, Law
Enforcement, Library and Dependent Fire) Public Facilities and is adopted annually by
the Board of County Commissioners. The AUIR also forms the basis for the annual
update of the Capital Improvement Element (CIE) for the Category "A" facilities,
The Consolidated Impact Fee Ordinance specitically provides that "revenue derived from
the impact fee shall be utilized only for capital improvements and additions to the public
facilities which are reasonably deternlined to be caused by the impacts of new
development" which provides the fee payers certainty in the use of the impact fee funds.
~
Based upon the infonnation above, the County Attorney and the County's Impact Fee
Consultant recommend that the Impact Fee Ordinance be amended to remove the
obsolete provision, which will provide for internal ordinance consistency. Staff and the
County Attorney have prepared the attached Ordinance amendment to address this issue
and are requesting that the Board direct the County Attorney and the County Manager (or
his designee) to advertise the amendment to the Collier County Consolidated Impact Fee
Ordinance for consideration at the next available rcgular meeting of the Board of County
Commissioners.
Agenda Item t,o, 16A9
May 27, 2008
Page 2 of 6
FISCAL IMPACT: The cost of the legal advertisement will be paid from funds
budgeted in the Impact Fee Administration cost center of Fund 131 for legal advertising.
GROWTH MANAGEMENT IMPACT: Impact tees provide financial resources for
the construction and/or expansion of the County's capital infrastructure, as necessary to
accommodate growth. Development is required to contribute its fair share of the cost of
providing public facilities necessitated by growth.
LEGAL CONSIDERATIONS: This request aTises out of a query by one of the
dependent fire districts as to whether impact fees could be used for a particular
contemplated capital improvement.. While researching the issue, I noted that the
Consolidated Impact Fee Ordinance specifically provides that "Impact fee trust funds
shall not be used for any expenditurc that would be classified as a maintenance or repair
expense, nor shall thev be used on improvement proiects not included in the county's
five-vear ClE." Since the dependent fire districts are now considered a Category B
facility, their capital improvement projects, which should otherwise qualify for payment
tlrrough impact fees, could not so qualify as they will no longer be listed in the County's
5 year ClE. Since the underlined language is not even remotely necessary to the
functionality of the Impact Fee Ordinance, it is the recommendation from this Office that
this obsolete language be deleted, thereby allowing Category B capital improvement
projects to utilize impact fees, -JAK
RECOMMENDATION: That the Board of County Commissioners direct the County
Attorney and the County Manager (or his designee) to adveliise an amendment to the
Collier County Consolidated Impact Fee Ordinance, which is Chaptcr 74 of the Collier
County Code of Laws and Ordinances, for consideration at the next available regular
meeting of the Board of County Commissioners, to remove an obsolete reference to the
Capital Improvement Element (CIE) in the "Use of Funds" provisions (Section 74-203)
in order to maintain the internal consistency of the ordinance, as recommended by the
County Attorney.
Prepared by: Amy Patterson, Impact Fee and Economic Development Manager
Business Management and Budget otIke, CDES
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Item Number:
Item Summary:
Meeting Date:
Page 1 of2
Agenda :tem No. 16A9
May 27, 2008
Page 3 of6
COLLIER COUNTY
SOARD OF COUNTY COMMISSIONERS
16A9
That the Board of County Commissioners pmvlde direction to the County Attorney and the
County Manager (or his designee) to advertise an amendment to the Collier County
Consolidated Impact Fee Ordinance, for consideration at the next available regular meeting
of the Board of County Commissioners, to remove an obsolete reference to the Capital
Improvement Element in the Use of Funds proVisions in order to maintain the internal
consistency of the ordinance. as recommended by the County Attorney
5127/200890000 AM
Prepared By
Amy Patterson
Community Development &
Environmental Services
Impact Fee Manager
Date
Financial Admin. & Housing
5181200810:00:59 AM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
5131200810:17 AM
Approved By
r.
Judy PUIg
Community Development &
Environmental Services
Operations Analyst
Date
Community Development &
Environmental Services Admin.
5/12120082:13 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
5114120087:37 PM
Approved By
Garrett Mu!lee
Community Development &
Environmental Services
Financial Operations Manager
Date
Financial Admin. & Housing
5/15(200811:01 AM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
D<lte
Office of Management & Budget
5!15!2008 3:24 PM
Approved By
Susan Usher
C'--.
County Manager's Office
Approved By
Leo E. Ochs, Jr.
Senior Management/Budget Analyst
Date
Office of Management & Budget
5tiS/200B 4:13 PM
Deputy County Manager
Date
file://C:\AgendaTest\Exnort\ 1 OR-Mav%2027.%20200R\ lli,o;,,20(:ONSENT%20AGENDA \ 1,,, S/21/200R
Board of County
Commissioners
County Manager's Office
5/17/200811 :36 AM
file:I/[,:IAgenoeTestIFxnortl1 OR-Mev%/0770I.,70700RI l/iol.,20CONSFNT%20A(,FND!\ 11,
Page 2 of2
Item No. 13A9
I\':ay 27. 2Cl08
Page 4 of 6
'i/21 !200R
Agenda Item No, 161\9
May 27, 2008
Page 5 of 6
ORDINANCE NO. 2008-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
2001-13, AS AMENDED, KNOWN AS THE COLLIER COUNTY
CONSOLIDATED IMPACT FEE ORDINANCE; PROVIDING FOR A
TECHNICAL CORRECTION TO THE USE OF FUNDS PROVISIONS
BY DELETING AN OBSOLETE REFERENCE TO THE CAPITAL
IMPROVEMENT ELEMENT; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
~
WHEREAS, Collier County has used impact fees as a funding source for growth-related
capital improvements for various facilities since 1978; and
WHEREAS, on Man;h 13, 2001, the Board of COWlty Commissioners adopted
Ordinance No. 2001-13, the Collier COWlty Consolidated Impact Fee Ordinance, repealing and
superseding all of the COmIty's then existing impact fee regulations, and consolidating aU of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
COWlty Code of Laws and Ordinances (the "Code"); and
WHEREAS, the Annual Update and Inventory Report (AUIR) identifies the capital
facilities needs for public facilities over a five-year time period for both Category "A" and
Category "B" Facilities; and
WHEREAS, the AUIR is adopted annually by the Board of County Commissioners; and
WHEREAS, the AUIR fonns the basis for the annual update of the Capital Improvement
Element (CIE) for the Category "A" facilities; and
WHEREAS, it has been identified by the COWlty Attorney and staff that, based on the
above, an obsolete provision exists within the Collier County Consolidated Impact Fee
Ordinance regarding the use of funds for those projects contained in the County's five-year eIE;
and
\\'HEREAS, the Impact Fee Ordinance provides that ''revenue derived from the impact
fee shall be utilized only for capital improvements and additions to the public facilities which are
reasonably determined to be caused by the impacts of new development" which provides the fee
payers certainty in the use of the impact fee funds; and
WHEREAS, the COWlty Attorney and the COWlty'S Impact Fee Consnltant recommend
that the Board of County Corrunissioners amend the hnpact Fee Ordinance to remove the
provisions for internal ordinance consistency.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COM.1\1ISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article IT, Impact Fees. Section 74-203, Use a/funds. subsection (c) of the
Collier County Code of Laws and Ordinances is hereby amended to read as follows:
r\
Section 74-203.
Use of funds.
~teldisadded;EIFIlilillPllllghlex.tisdeleted
Aoenos :tem lh 16A9
~ !hy 27. 2008
Page 6 of 6
...
(c) Impact fee trust funds shall not be used for any expenditure that would be classified
as a maintenance or repair expense, Her sRall tall:" Be l:l:5Ba 68 EHJ3FSnsmeftt prej 86t6 BSt iBehiase
in I:he eeW1~Y'5 five )flaf CIE.
...
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 ofthis 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 portions.
SECTION THREE. INCLUSION IN THE CODE OF LAWS AJ\'D ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered and internal cross-references amended throughout 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 filing with the Secretary of State.
PASSED AND DULY ADOPTED by tlle Board of County Commissioners of Collier
County, Florida this _ day of , 2008.
ATIEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
TOM HENNING, CHAIRMAN
. Deputy Clerk
Approved as to fonn
and e s ency:
Ullih;rl\n~.d text is added; l:1 ' "-r8 "g\1ley~ is del~:ed
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