Agenda 05/08/2012 Item #16A7 Proposed Agenda Changes
Board of County Commissioners Meeting
May 8,2012
Move Item 16A6 to Item 11D: Recommendation to approve Amendment Number 1 to funding
Agreement No.S0539 with the Florida Department of Environmental Protection for the Northern Golden
Gate Estates Flowway Restoration Plan,Collier County Project No.33134,extending the agreement
completion date from November 9,2012 to January 15,2013. (Staff's request)
Continue Item 16A7 to the May 22, 2012 BCC Meeting:
Recommendation to advertise and bring back for future
consideration an amendment to the Collier County
Consolidated Impact Fee Ordinance, which is Chapter 74 of
the Collier County Code of Laws and Ordinances, to
eliminate outdated provisions in Section 74-205, Developer
Contribution Credit, related to time limitations for credit
reimbursements and requirements for forfeiture of credits.
(Staffs request)
Move Item 16E6 to Item 11C: Recommendation to ratify County Purchase Orders 4500124638 and
4500127444 in the total amount of$192,215 and approve the payment of invoices to Miller Pipeline
Corporation under a contract competitively procured by the City of Boca Raton for work performed on
North Naples sewer laterals project 70043. (Commissioner Henning and Commissioner Fiala's separate
requests)
Move Item 17A to Item 9A: This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item,all participants are required to be sworn in.RZ-
PL20110001572: SSP Associates,Inc.--An Ordinance of the Board of County Commissioners of Collier
County,Florida amending Ordinance No.2004-41,as amended,the Collier County Land Development Code,
which established the comprehensive zoning regulations for the unincorporated area of Collier County,
Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the
herein described real property from a C-3 zoning district to a C-5 zoning district for the project known as
SSP Associates,Inc.Rezone located south of Tamiami Trail East in Section 32,Township 50 South,Range 26
East,Collier County,Florida,consisting of 1.75+/-acres; and by providing an effective date. (Commissioner
Fiala's request)
*Petitioner,after being advised of the move,has requested a continuance of this item to the May 22,2012 BCC
Meeting.
Note:
Item 16B4 Recommendations portion of Executive Summary should read: That the CRA Board approves
and authorizes the CRA Chairman to modify and execute the Commercial Building Improvement Grant
Agreement between the CRA and Ronald Fowle,Sr.owner/senior partner of STONS,STRONS Inc.(2595
Tamiami Trail East)by approving a 6-month time extension until July 10,2013 and increase the grant award
in the amount of$9,326.50 for a new grant award of$12,929.50. (Commissioner Fiala's request)
Time Certain Items:
Item 4E to be heard at 11:30 a.m.
Item 10A to be heard at 9:30 a.m.,immediately followed by Item 10B
5/8/2012 2:03 PM
5/8/2012 Item 16.A.7.
EXECUTIVE SUMMARY
Recommendation to advertise and bring back for future consideration an amendment to the Collier
County Consolidated Impact Fee Ordinance, which is Chapter 74 of the Collier County Code of
Laws and Ordinances, to eliminate outdated provisions in Section 74 -205, Developer Contribution
Credit, related to time limitations for credit reimbursements and requirements for forfeiture of
credits.
OBJECTIVE: To obtain the Board of County Commissioners' (Board) authorization to
advertise and bring back for future consideration an ordinance amending the Collier County
Consolidated Impact Fee Ordinance, which is Chapter 74 of the Collier County Code of Laws
and Ordinances (Code), to eliminate outdated provisions in Section 74 -205, Developer
Contribution Credit, related to time limitations for credit reimbursements and requirements for
forfeiture of credits.
CONSIDERATIONS: In conversations with members of the development community an issue
has been raised related to limitations on reimbursement of developer contribution credits and
forfeiture of such credits after a specified period of time. It is not the intent of the County to
limit a developer's access to credits once they become available. Similarly, credits should not be
required to be forfeited.
The current provision is as follows:
Section 74 -205. Developer contribution credit.
(h) All road impact fee credits shall be awarded on an annual basis from an allocation
established each fiscal year of the county based upon the recommended annual budget
threshold amount as established in the budget of the transportation services division. No
road impact fee credits greater then this annual allocated sum shall be allowed in any
fiscal year. The balance of any annual unexpended road impact fee credits may be
carried over from one fiscal year to the next fiscal year, subject to the allocation limit
each fiscal year, until expended, provided such agreement for reimbursement shall
not be for a period in excess of seven years from the date of recording the
contribution agreement in the official records of the county, and shall provide for a
forfeiture of any remaining reimbursement balance at the end of such time period.
Staff has discussed this matter with the County Attorney, and we agree that the provision in bold
serves no present public purpose. Accordingly, it is our recommendation that the bolded
language be deleted from the ordinance.
FISCAL IMPACT: None, other than the cost of advertising estimated at $350.00
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5/8/2012 Item 16.A.7.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally
sufficient, and requires majority vote for Board approval. -JAK
RECOMMENDATION: That Board of County Commissioners authorize the County Manager,
or his designee, to advertise and bring back for future consideration an ordinance amending the
Collier County Consolidated Impact Fee Ordinance, which is Chapter 74 of the Collier County
Code of Laws and Ordinances, to eliminate outdated provisions in Section 74 -205, Developer
Contribution Credit, related to time limitations for credit reimbursements and requirements for
forfeiture of credits.
Prepared by: Amy Patterson, Impact Fee and Economic Development Manager
Growth Management Division
Attachments: 1) Proposed Ordinance Amendment
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5/8/2012 Item 16.A.7.
COLLIER COUNTY
Board of county Commissioners
Item Number: 16.A.7.
Item Summary: Recommendation to request for authorization to advertise and bring
back for future consideration an amendment to the Collier County Consolidated Impact Fee
Ordinance, which is Chapter 74 of the Collier County Code of Laws and Ordinances, to eliminate
outdated provisions in Section 74 -205, Developer Contribution Credit, related to time
limitations for credit reimbursements and requirements for forfeiture of credits.
Meeting Date: 5/8/2012
Prepared By
Name: PattersonAmy
Title: Manager - Impact Fees & EDC,Business Management &
4/17/2012 2:34:36 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 4/18/2012 3:12:53 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 4/24/2012 2:18:13 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/27/2012 9:51:01 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 4/30/2012 3:05:29 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 4/30/2012 3:36:56 PM
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5/8/2012 Item 16.A.7.
ORDINANCE NO. 2012 -
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING CHAPTER 74 OF THE COLLIER COUNTY
CODE OF LAWS AND ORDINANCES, THAT ORDINANCE
BEING THE COLLIER COUNTY CONSOLIDATED
IMPACT FEE ORDINANCE, NO. 2001 -13, AS AMENDED,
PROVIDING FOR CHANGES TO SECTION 74 -205,
DEVELOPER CONTRIBUTION CREDIT, IN ORDER TO
ELIMINATE OUTDATED LANGUAGE LIMITING THE
TIME PERIOD FOR CREDIT REIMBURSEMENT AND
REQUIRING FORFEITURE OF CREDITS; 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 March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001 -13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the "Code "); and
WHEREAS, on May 25, 2010, the Board of County Commissioners adopted Ordinance
No. 2010 -22 which amended Ordinance No. 2001 -13, as amended, by allowing impact fee
credits to run with the land until used or transferred; and
WHEREAS, in discussions with the development community, it has been noted that the
provisions related to the seven -year time period for credit reimbursement and forfeiture of credit
balances are outdated as other provisions within the same Section of the Code are currently
utilized to address credit reimbursements; and
WHEREAS, developer contribution credits are granted for specified types of dedications
or contributions of value to Collier County; and
WHEREAS, Collier County is not seeking to limit a developer's access to their available
contribution credits; and
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5/8/2012 Item 16.A.7.
WHEREAS, the removal of the provisions will be a benefit to the development
community.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article II, Impact Fees, Section 74 -205, Developer contribution credit,
subsection (h) of the Collier County Code of Laws and Ordinances is hereby amended to read as
follows:
Section 74 -205. Developer contribution credit.
(h) All road impact fee credits shall be awarded on an annual basis from an allocation
established each fiscal year of the county based upon the recommended annual budget
threshold amount as established in the budget of the transportation services division. No
road impact fee credits greater then this annual allocated sum shall be allowed in any
fiscal year. The balance of any annual unexpended road impact fee credits may be
carried over from one fiscal year to the next fiscal year, subject to the allocation limit
each fiscal year, until expended, "a ' '' a "+ f
a period in e3wess of seven years ftem the date Of Feeer-ding the eent-r-ibution
remaining Feim t balanee at the ead of sueh time r .
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 of this 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 AND 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 maybe renumbered or re-
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5/8/2012 Item 16.A.7.
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 the Board of County Commissioners of Collier
County, Florida, this day of , 2012.
ATTEST:
Dwight E. Brock, Clerk
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
0
, Deputy Clerk
FRED W. COYLE, CHAIRMAN
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