BCC Minutes 05/13/1992 S Naples, Florida, May 13, 1992
LET IT Bf REMEMBERED, that the Board of County Commissioners in
and for the Ccunty of Collier, and also actinG as the Board of Zoning
Appeals and as the governing board(s) of such special districts as
have besn created according to law and having conducted business
here~n, met on this date at 5:05 P.M. in SPECIAL S~SSION in Building
"F" of the Government Comp]ex, East Naples, Florida, with the
following members present:
CHAIRMAN: Michael J. Volpe
VICE-CHAIRMAN: Richard S. Shanahan
Patrtcla A. Goodnight
Max A. Hasse, Jr.
Butt L. Saunders
ALSO PRESENT: Kathy Meyers and Annette Guevin, Deputy Clerks;
Neil Dorrill, County Manager; Dennis P. Crontn, Assistant County
Attorney; Brenda Wilson, Assistant County Attorney; Jennifer Edwards,
Assistant to the County Manager; Ken Cuy]er, County Attorney;
Sue Filson, Ad=inistrative Assistant to the Board; and Deputy Byron
TomlJnson, Sheriff's Office.
Page
May 13~ 1992
ORDINAJI~-I 92-33, R~ ZSTABLISI~4ENT OF AR EDUCATIONAL FAOILITIZS SYSTEM
IMPACT FEZ - ADOPTED
Legal notice having been published in the Naples Daily News on
April 16, 1992, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Dennis P. Cron]n, Assistant County Attorney, reported that there
are four areas where modifications have been made:
1) the enrollment projections have been updated with data provided by
the School Board;
2) the value of currently owned undeveloped property that the school
board own~ has been factored into the formula for the impact fee;
3) the proposed capital improvements tax rate of 1.75 mills for fiscal
year 1992-1993 with a reduction to 1.5 mills for fiscal years
1993-1994 through 1996-1997 has been factored into the formula:
4) the size necessary for construction of elementary schools and
middle schools has been increased, and it is an increase of 5 acres
to both parcels.
Mr. Cron~n noted that the net result of these four modifications
to the Study is a reduced impact fee for single family homes to
$1,778, for multi-family homes it is now $827, and mobile homes it is
now $1,234.
Debbie Cogk, Chairman of the School Board, related that the need
for this impact fee is due to the growth of the enrollment in the
schools. She stated that the proposed Orolnance will provide taxpayer
relief, specifically, the Ordinance will reduce the amount of taxpayer
~upport to 50)( and then require that growth ~tself pay 50% of the bur-
den of that cost.
Mr. Cronin advised the Board that the Ordinance has a review
requirement s~.eclfically stated on a time-to-t/me basis, whereby the
Board will have the flexibility to recalculate the fee.
James S~esky, Attorney for the School Board, commented that the
Board is the adopting body of th~s Ordinance and has the ultimate
control over it, and can repeal the Ordinance.
Dr. Thomas Richey, Superintendent, expressed support for the
Impact Fee.
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May 13, 1992
Robert Wilson, Assistant Superintendent of Business Affairs for
Collier County Public Schools, spoke in favor of this Impact Fee and
referred to a Capital Outlay Workshop Document (copy not provided to
the Clark to the Board). He suggested that the Board approve the
Impact fee but should not reduce it.
Barbara Berry, Ron Webster, Jim Stesky, and Dick Siegel spoke tn
favor of the ~roposed Impact Fee. Ted Bailey spoke in opposition to
the Impact Fee.
Tim Ferguson, Attorney representing Collier Building Industry
Association, referred to a report compiled by Dr. James C. Nicolas
(copy not provided to the Clerk to the Board), for the St. Johns
Impact Fee and noted that it Includes a credit for payment that
continues aftem the Impact fee, i.e. people that have to pay taxes
once they have paid the impact fee. Mr. Ferguson further reviewed Dr.
Nicolas' Study and compared it with Mr. Young's Study.
Mr. Young t~tated that he does not agree with Mr. Ferguson's
interpretation of Dr. Nicolas' calculations.
Mr. Young e.xpressed these Issues:
a) Dr. Nicolas' Study was done tn 1987, five years ago, and there are
increases tn the cost of the schools tn that time period;
b) the impact fees adopted prior to the St. Johns case typically were
limited to either land only, or it was limited to land and
buildings, but without taking into account the capital requirements
to provide a fully functioning school;
c) no case law was in existence when prior Impact fees were adopted,
and people were taking a conservative, limited position;
d) St. Johns School District did not include ancillary costs.
Mr, Young r.sported that Mr. Feriluson is asking for a double cre-
dit, as he ts taking Mr. Young's figure which already has a full cre-
dit, and asking to have a second credit applied.
Mr. Ferguson submitted that a balance ts needed, and a more reaso-
nable impact fei? amount should be provided.
Recu~d: 6:45 P.M. - Reconvaned: 6:55 P.M. at which tin
Deputy Clerk Ouavin replaced Deputy Clerk Meyers see
The following people spoke regarding this item:
Whit Ward Kathryn Stephens
Dyre] Delaney ~ O~FI;[ 04 Kenneth Hunt
Page 3
¥olanda Duet.in
Stuart Kaye
Jan Curran (presented petitions)
May 13, 1992
Ross Mclntosh
Bob Pearson
Ce~lool~aer Hawse ac. ted, seconded by Co~atmatoamr Shanahan and
carrled unanimously, to clo~e the ~bltc heart~.
T~ ~3
Co~lssloner Volpe supported the consultants' methodolo~ and
r~por~, s~atlng in his opinion ~t ~s a legally defensible document.
Co~tssloner Shanahan agreed, stat~n~ this ~mpact fee ts very
fair, e~ttable and defensible.
Co~lsslone~ ~asse co~ented this impact fee will have a tremen-
dous Impact on the people who can least afford ~t. He encouraged the
Board to discuss Instituting a new construction advisory co~tttee to
be utilized not only by the School Board, but by the Board of County
Co~]ss~oners as ~,ell.
Co~Jssloner Goodn~ght stated she recognizes th, needs o~ the
school system, however, people ~n the rural areas of the County will
not be able to afford to build homes. She saJd currently, almost one-
hal~ of ~he teachers Jn Immokalee co,ute from Hendry or Lee Counties,
because they cannot afford to live Jn Collier County. She urged the
Board to look at the overall cost of impact fees. She reminded the
~ard of Its record of support for affordable housing, yet ~mpact ~ees
mfs be~n~ lev~ed to the point where rents will be unaffoFdable and
single family homes will be too expensive to purchase.
Co~issJoner Saunders Inquired Jfa mechanism ts available whereby
the Board may exempt Jn this ordinance, the payment of school impact
fmem for low Income housing7
County Attorne~ Cuyler responded ]n the affirmative and referred
to the Affordable Housing Standards within the ordinance, stating
the~e hava been suggestions by the Affordable Housln~ Co~ittee and
othe~s that the Standards are too low and should be raised. He sa~d
the BOaFd has been hesitant to do that until there Is an income source
Jn oFdm~ to pay what otherwise would be paid by these un,ts.
Ass~st~t County Attorney Dennis Cron~n remarked the School Board
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May 13, 1992
Is required to provide funds for any waiver qualified for In this
ordinance.
Coutsstoner Saunders commented the Table provides levels that are
so iow for the sale of units that no one will ever be able to
construct housln~ under those standards. He questioned If the federal
standard of a family of four earning $24,000 or less can be used from
the b~gtnntng, so the Board does not have to look for another funding
source7
County Attorney Cu¥1er Indicated the Board ts allowed to do that,
however, those fees must be made up by someone else because there will
be children in those homes who will have an impact on the school
system.
Commissioner Saunders suggested the capital ml]lage be adjusted to
make up the difference.
Mr. Cronin ILdvlsed that is provided for automatically in the ordi-
nance within Section 3.05.a.
Colltselone~ Shanmhan moved, seconded by Contseloner S&unders mnd
c~rri~ 3/2 (Co~miesioners Goodnight ~nd Haeee spread), to approve
the c=ltuts' recognition for school t~act f~m for single-
81,234; tht t~s tB~ct fees ~ t~le~nted tn 120 ~ys; t~t lp~ndtx
'i", t~ affordable housing st~dards, ~ adjusted ~ resolution ~
the ~ud of C~mty Coutsmloners; ~d that Ordln~ce 92-33 ~ adoptec
~ ~ ~ ~tsrsd into Ordtn~oe ~ok No. ~2.
County Attorney Cuyler advised the ordinance will be amended to
allow the Board to adopt the affordable housing standards by resolu-
tion.
~lmmion~r Smuterm ~et, seconded ~ Coatmmtoner S~ ud
o~rrl~ ~t~mly, to dtreot St~ff to ~e the ~ ~n~nt tn all
t~t fa or~tnuc~m for the affordable housing st~rds.
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 9:00 P.M.
Page
May 13, 1992
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
, ',~,...' '.'. ~>~", MICH J. VOLPE, CHAIRMAN
ATT~T.'.'., . '' 'i'-v~
saM~S..'C~'.GiLi~S ,t 6f~
/T~"~{~ :approved by the Boar on
as prese~md ~ or as corrected
07
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