Loading...
Agenda 02/22/2011 Item # 8A 2/22/2011 Item 8.A. EXECUTIVE SUMMARY Recommendation to adopt a Resolution amending the Collier County Water-Sewer District Impact Fee Rates, established by Ordinance No. 2007-57, as amended, by reducing the water impact fee by $370 (-10.3%) to $3,205 per Equivalent Residential Connection, and the wastewater impact fee by $275 (-7.9%) to $3,220 per Equivalent Residential Connection, for a total reduction of $645 (-9.1%), with an effective date of March 1, 2011. OBJECTIVE: Adopt a Resolution amending the impact fee rates established by Ordinance No. 2007-57, as amended, providing for incorporation by reference the results of the Fiscal Year 2011 Water and Wastewater Impact Fee Study. CONSIDERATIONS: Water and wastewater impact fees are used by the Collier County Water-Sewer District (District) to fund necessary long-term capital improvements required to meet the increased demand for potable water and wastewater services relative to population growth and growth-related development. One of the standards for inclusion of capital project costs in the impact fee calculation is that the project is growth driven or provides a system-wide benefit, the cost of which should be shared by new growth connecting to the system. Ordinance No. 2001-13, adopted by the Board of County Commissioners (Board) on March 13, 2001, as amended, included amendments to impact fee schedules by Resolution No. 2002-88, adopted on February 12,2002. The impact fee methodology for the District's non-residential customers was amended by Resolution No. 2003-300, adopted on September 9, 2003. On April 13, 2004, Resolution No, 2004-102 authorized a change in format to the subject Fee Schedule to provide additional clarity and consistency regarding water and wastewater impact fees. Ordinance No. 2007-57, adopted on June 26, 2007, established the District's then current water and wastewater impact fees. On June 24, 2008, the Board adopted Resolution No 2008-202 decreasing the water impact fees by $41.49 and wastewater impact fee by $227.39, for a total reduction of $268.88. The effective date of the decrease was October 1,2008. Public Resources Management Group (PRMG) was retained in June 2010 to perform a water and wastewater impact fee study. Their analysis shows, and staff recommends, a decrease in the water impact fee by $370, and a decrease in the wastewater impact fee by $275, for a total reduction of $645, effective March 1, 2011. If approved by the Board, the total reduction in combined water and wastewater impact fees since 2008 will be $914 (-12.5%). Packet Page -80- 2/22/2011 Item B.A. For water and wastewater combined, the capital costs allocable to future users through Fiscal Year 2020 are estimated at approximately $266.7 million. The methodology used to calculate these proposed impact fees is consistent with the approach used in previous impact fee studies, and conforms to the equity tests established by case law (i.e., rational nexus). Staff reviewed the Capital Improvement Plan included in the impact fee study with the Chamber of Commerce Public Policy Committee on November 19,2010. The committee did not take any action; however, positively acknowledged the work of the Public Utilities Staff. Staff reviewed the Capital Improvement Plan and the study with the Development Services Advisory Committee (DSAC) on November 3 and December 1, 2010, and January 5, 2011. At the January 5, 2011, meeting, the DSAC recommended approval of the study with ten members voting in favor, three opposed and one recused. Staff also met with the Productivity Committee on November 17 and December 15,2010, and on January 19, 2011. The Productivity Committee appointed a sub-committee to review the study. Upon the recommendations of the sub-committee, the Productivity Committee unanimously recommended approval of the impact fee study as presented. Please see Attachment 1 for a copy of the timetable of all interactions with stakeholders. A copy of the study is available in the County Manager's Office. FISCAL IMP ACT: Assuming annual growth of 1,000 water Equivalent Residential Connection (ERCs) @ $3,205 per ERC and 1,000 wastewater ERCs @ $3,220 per ERC, the revenues to be generated by these recommended impact fees for the fiscal year 2012 are estimated as: Water Wastewater $3,205,000 (Water Impact Fee Fund No. 411) $3.220.000 (Wastewater Impact Fee Fund No. 413) TOTAL = $6.425.000 Historically, utility relocation costs have been included as part of the road impact fee. On the advice of outside legal counsel, the utility relocation costs in the amount of $7.2 million will be removed from the road impact fee and moved to the utility user rates. The effect of the proposed impact fees on residential and non-residential structures is shown in the attached Exhibit A. LEGAL CONSIDERATIONS: The proposed Resolution has been approved for format and legal sufficiency by the Office of the County Attorney. This action requires a majority vote by the Board. JBW The impact fee study was reviewed by the legal firm Nabors, Giblin, and Nickerson, P.A. See attached Exhibit B for a copy of the letter. Also, reference page three (3) of the Packet Page -81- 2/22/2011 Item B.A. impact fee consultant's (PRMG) letter dated February 15, 2011, Subject: Water and Wastewater Impact Fee Study GROWTH MANAGEMENT IMP ACT: The purpose of these recommended water and wastewater impact fees is to provide necessary revenues from future customers of the District's water and wastewater systems to fund long-term capital improvements required to meet the increased demand for potable water and wastewater services relative to population growth and growth-related development, as analyzed by the impact fee study. RECOMMENDATION: That the Board of County Commissioners, as Ex-officio Governing Board of the Collier County Water-Sewer District adopt a Resolution amending the Collier County Water-Sewer District Impact Fee Rates, established by Ordinance No. 2007-57, as amended, by reducing the water impact fee by $370 (-10.3%) to $3,205 per Equivalent Residential Connection, and the wastewater impact fee by $275 (-7.9%) to $3,220 per Equivalent Residential Connection, for a total reduction of $645 (-9,1 %) , with an effective date of March 1,2011. Prepared by: Tom Wides, Operations Support Director, Public Utilities Division Packet Page -82- 2/22/2011 Item 8.A. COLLIER COUNTY Board of County Commissioners Item Number: 8.A. Item Summary: This item was continued from the February 8, 2011 BCC meeting.Recommendation to adopt a Resolution amending the Collier County Water-Sewer District Impact Fee Rates, established by Ordinance No. 2007-57, as amended, by reducing the water impact fee by $370 (-10.3%) to $3,205 per Equivalent Residential Connection, and the wastewater impact fee by $275 (-7.9%) to $3,220 per Equivalent Residential Connection, for a total reduction of $645 (-9.1%), with an effective date of March 1,2011. (Companion item to 8B and 8e) Meeting Date: 2/22/2011 Prepared By Name: SridharBala Title: Management/Budget Analyst, Senior,Utilities Finane 2/15/2011 3:00:50 PM Submitted by Title: Director - Operations Support - PUD,Utilities Fina Name: WidesTom 2/15/2011 3:00:51 PM Approved By Name: HapkeMargie Title: VALUE MISSING Date: 2/15/2011 3:16:04 PM Name: WidesTom Title: Director - Operations Support - PUD,Utilities Fina Date: 2/16/2011 8:56:53 AM Name: Amysue Benker Title: Executive Secretary, Date: 2/16/2011 9:20:22 AM Packet Page -83- 2/22/2011 Item B.A. Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 2/16/2011 9:58:57 AM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Manage Date: 2/16/2011 10:54:58 AM Name: KlatzkowJeff Title: County Attorney, Date: 2/16/2011 11:55:58 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 2/16/2011 12:00:42 PM Name: OchsLeo Title: County Manager Date: 2/16/2011 1:43:08 PM Packet Page -84- 2/22/2011 Item 8.A. HI Public Resources Management Group, Inc. Utility, Rate, Financial and Management Consultants February 15,2011 Honorable Chairman and Members of the Board of County Commissioners Collier County 3301 Tamiami Trail East Naples, FL 34112 Subject: Water and Wastewater Impact Fee Study Ladies and Gentlemen: Public Resources Management Group, Inc. (pRMG) has completed our review of the water and wastewater impact fees for the Collier County (the "County") Water-Sewer District (the "District") water and wastewater system (the "System"), and has summarized the results of our analyses, assumptions, and conclusions in this report, which is submitted for your consideration. The purpose of our analysis was to review the existing impact fees and make recommendations as to the level of charges that should reasonably be in effect consistent with: i) the fixed assets installed by the District; and ii) the capital expenditure requirements identified in the District's multi-year capital improvement program (CIP). As reported by County staff, the capital cost estimates as contained in the CIP were based on recent prices for local Collier County projects, and such cost estimates were recognized in the impact fee calculations reflected in this report. Since the last fonnal impact fee and user rate studies performed in 2008, the District has continued to recognize lower customer growth as a result of current economic conditions. Moreover, water sales have declined also due to the current economic conditions coupled with the lingering effects of the recently imposed general water use restrictions by the South Florida Water Management District (which have been relaxed as of the date of this report). Based on the latest County planning estimates, no new water and wastewater treatment facilities are anticipated to be required until Fiscal Year 2027. Based on our review, PRMG is recommending that the water system impact fee be decreased from $3,575 to $3,205 per Equivalent Residential Connection (ERe). For the wastewater system, we are recommending a decrease in the impact fee from $3,495 to $3,220 per ERC. The combined water and wastewater fees with the proposed rate adjustments would be $6,425, a decrease of $645 or 9.1 % when compared with the existing combined fees of $7,070. In 2008, the combined fees were lowered by $269. Since 2008, the total reduction in the combined water and wastewater impact fees has been $914 ($645 + $269) or 12.5%. The rate schedule for the proposed impact fees calculated during the current impact fee study is shown on Table ES-l following this letter. In addition to having recalculated the impact fees for the System, PRMG has also updated the System Allowance for Funds Prudently Invested (AFPI) fees which link to the impact fees and are essentially a "carrying charge" to recover certain costs associated with providing capacity to new development. The AFPI fees reflect the cost of Packet Page -85- 2/22/2011 Item B.A. Honorable Chairman and Members of the Board of County Commissioners Collier County February 15,2011 Page 2 financing the expansion-related infrastructure until impact fees are received by the District. AFPI fees are not impact fees; rather, they are considered a component of the System rates and charges. Any AFPI fees received are treated as other operating revenues of the System and should be utilized to pay for System debt service. A summary of the proposed AFPI fees is shown on Table ES-2 following this letter. At the outset of the study, it was determined that the proposed impact fees should meet a number of goals and objectives. These goals and objectives deal primarily with criteria related to fee sufficiency and level. Specifically, the major objectives considered in this study included: · Existing customers, to the extent practical, should not finance or be impacted by the cost of financing and constructing water and wastewater infrastructure to serve new growth; · The water impact fees should be sufficient to fund the allocable cost of the identified capital requirements associated with providing water production; treatment and transmission service to new development; · The wastewater impact fees should be sufficient to fund the allocable cost of the identified capital requirements associated with providing wastewater transmission, treatment and disposal service to new development; · The impact fees should not be used to fund deficiencies in the capital needs of the water and wastewater utility systems (i.e., no expenditures for renewal and replacement or upgrade of facilities allocable to existing customers); · The impact fees should be based upon reasonable level of service standards that meet the needs of the District, should be indicative of the criteria used for long-term infrastructure planning, and should be consistent with industry standards; · The proposed impact fees should be based on cost of service (full cost recovery) principles; and · New development, to the extent practical, should fund the cost of financing the construction of System infrastructure specifically allocated to expansion; the AFPI fee (carrying charge) provides a basis of recovering such costs and further shifts the burden of expansion-related capital to new growth. The proposed water and wastewater impact fees presented in this report have been structured to meet these objectives. The fees we calculated during the course of our analyses were based on the recovery of capital-related costs that have been incurred and which have available capacity to serve new development as well as costs anticipated to be incurred by the District during the projection period. As previously mentioned, the capital-related costs identified in the CIP were Packet Page -86- 2/22/2011 Item 8.A. Honorable Chairman and Members of the Board of County Commissioners Collier County February 15,2011 Page 3 prepared by the District staff and documented the capital improvement plan for the fiscal year period of2010 to 2020, which is the capital needs period considered in the impact fee report. The methodology for the determination of the proposed impact fees was also reviewed by the County's outside legal counsel and the fees as documented in this report reflect all of the recommendations from said counsel. Specifically, capital projects classified as "replacement" or "relocation" (would include all water and wastewater line relocations) have been excluded from the fee calculations. Although these projects would increase the "per unit" cost of the installed capacity available to serve growth, such projects may not directly upgrade or enhance the existing capacity so they were removed from the calculations. Furthermore, those projects that have been classified by and are considered by County staff to be an "upgrade" or "reliability improvement" to the existing capacity have been included in the fee calculations. As discussed with legal counsel, upgrades to the existing system provide a benefit to both existing service capacity and capacity which is available to serve future growth and reliability expenditures either create additional capacity or directly enhance the capacity with is available to serve future growth. We believe this is consistent with the recommendations of the County's outside legal counsel, since the projects do enhance existing capacity. Predicated on the recognition of these adjustments to the impact fee evaluation process, which resulted in reducing the amount of capital costs included in the overall fee evaluation, we believe that the fees are legally defensible. Based on the information provided by the District and the assumptions and considerations outlined in this report, which should be read in its entirety, PRMG considers the proposed impact fees to be cost-based, reasonable, and representative of the allocable capital expenditure needs of the District to serve growth. Additionally, the proposed AFPI fees are considered by PRMG to be reasonable and comparable with similar charges imposed by other Florida utilities. Moreover, such fees provide a basis for the recovery of the cost of capital associated with constructing and financing expansion-related infrastructure. We appreciate the opportunity to be of service to the County and would like to thank the County staff for their assistance and cooperation during the course of this study. Respectfully submitted, Public Resources Management Group, Inc. :?~~ ~ cO~, Robert J. Ori President ~a.n~ Bryan A. Mantz Supervising Consultantr Packet Page -87- ., .! ... 'C D :~ ~ ClIO. t 'C < f ll. '" E ... ~t :a .. - :E ~ . .,t )( - 11 u.I D .. g ~ "'... ~ a .~ .. = ~ ~ ~ ~ 2/22/2011 Item B.A. ~ ~~ ... fil Iii fil :t::i U i ~ ~ ~ ~ i ... ~ ~ ~ ~i .. :;i :;i ~ ;; Ii :;i :;i ~ ~ ~ l- f I- ~ ~l U u ffi1 '" i i f-- f ~ I ~ I- " " " u ! ! ! ! ! ! i ! ~ .. ! ~ a s a .. I--- I--- r-- t--- ~ ~~ ",G> ~~ IHl l- I tt: I :i~ fil I"itri U .... i ~ ~~ ~ ... ~ ~~ ~ ~i .. ",' ;;I.' ~ Ii :;i ;;I.' ~ 3, .. .. ~ g ~ ~ ~l I- ~I t; If o.~ ~ U fils ffi!. - III i III i ~ ~ ~ ~ I- U C!l i ~ " ! ! I ~ C!l l ! ~ ! C !! a s ~ w m 0: c ...I W ~ w :$ ...II- ...I 0: !z cw - c w '-- - -:y i=2 .~ oS i=lii "'.9 w ffi~ 11 ffi2 II ~i c -{ ~ ~ I ;-i iii C..J !'IF Co: p- ia ~.E! iii~ ~j iiiw ,~ W -Eii E E i ~ ~g.s ~ HI ~ Ifsi WI- ::l " &!e I r <<Ill ci '" "'sli z d ~ ~il c ~~ ~ 0 UJ 2 uJ Z <>0_ C ~ ~ ,...- ..:~ ~i LL.:tO ~ !i!o.-' - !i! ' - < - .....:!.L 0 . 0 0 '0 . ~ ii ~ ii I j j ~ ii < "' '~ l!'"!! l!'"!! !!'"!! ~"!! '~ ill It: ~ ~~ m H 'S~ 'S~ d ; 'Si i :>'" 2'" ::E'" ::E'" 2'" 2'" 0. ~ .. \!; \!; 13 \!; '" '" . . . t . t 0. 0. .. 0. 0. 0. - I--- i--- ~ lll~ ~~ IU", I- U l- t:: 0 ~O 0 ""I: Z '" Z z '" ..I: '" ~~ ::> w ~~ ::> ::> w O~ w '" '" '" '" '" '" ~O w w ~O w w w !i!O w ..... 0. .. '"::I 0. 0. 0. "::I 0. ~~ ill 00: ill 00: - - - - ~ ~ J t .. t 0 ~ 0 ) d :i! ~ ",;li "'~ ~ ~ "'~ ~ 1! ~;li " ~;li IU 8:" ~ IQ r' ~ :fI u ~~ "," 0 g "," ti l O~ l I- O~ l ~ '" I-w 8~ '" " ~ ~~ '" o. C!l 0 " " Z ~ ~ 'Iii 1 ui~ ~ ~ 0 ~ ~ ~ Packet Page -88- ~ ~E- ~~~ E~~ -a 2'0.0 0 'i ~ ~ ~ 6 ::; J! E ~~~ ~ 1]"5" CJ o ~ ~ 0 ~~~ ~ i ~: ~ ., : ~ . i lEwi'1]~~ a. __ Q ~~~~1! i~~~; ]i,5i;'CJ~ ~~12~! Bcfcf.:E tr' .. .. ~ l!! oj~E~ ~~~~S ~5,5~~ ~~~!: ~oo~i 0<<:::9 f!~li , .. 0 < O:Z " () 0: W ~ ~ ~ c < N ... rJ; ral .. :;; . ... ~ .., :5~ ~l .. .. ... ~ a. '2.5 ~ t ~; ~:! .. .. g; --.., .. " ~!! . = .. .. .. -- .. ~ .. '" S !l .. ~ CI.l ; .. .. !l>- ~~~ U 5 N llI:e ral .. .. '" .. ;; il ... ... CI.l ! il": ""' -< 5-:5 6 " :;-~ c., '" o N OOQOOOOOOCOOOOOOOOGOClCIOO ""l:t""l:t~"'IIt'll:f'''l:t''''lt'~''''l:t~...,.'II:f' -tti.~~.-.,i..~~..j..... f'f"lMMf""'If'I"lMMr""lt""lrf"'lMM OCI00ClOOOClQ ooooQO 0000 00 00 ... '" o N QOOOQOOCOOOOOOClClOOOOQOOO ".."l:I"..'II:f'''l:t'.''IIII:t'''lf''''''' ...,,;.....j.~..~~~.~ MC""\Mt""lf'f"lt""lf'l"lf"'lMf'l"If'f"lf""'l 0000 ClOoo 00 00 00 00000000 00 ... ::: o N 000000 QO OOOCl 00 000000 ClO 00 "IIII:t"l:t"'d'''O'...,.''Il:t...,....,.''l:t'''O'~''l:t' ~....;~~....~...~~ """"'"'rf"lMf'f"l~f'I"lMt""lMMC"I"') 00000000000000 00 ClO 0000 00 ... 0000 00 0000 QOoooo 0000 QO oc "'l:t'''lt'''I:t''''lI''-.:t''l:f'''''l:t''''l:t'''I:t'''lf'''l:t'''l:t ....,;~..;............;..~~ Mf'I"lt""lMt1')f'l"IMMMf'I")t'O"lM 0000 ao 00 ClOOCOO ClOOOQOOOOC ... N o N ~~~~~,,~~~~~~ ;:ri~~~~.._~~~~~ r---r---r---l:'r---r-- 0000000000 ... ~ ~ ..,.. \CVl"'lf'MM 00"1001' "l:t'.OO"'l:t'O\.QNCIO"'IItO'\II"I ;!~~~~g~:j~~~~ ~\O\O'O\O\()\CI\O\Or--t"--f' OI:'--"'IIt OOtrlNO\loOMOr- :r-:;~6~:~;J~;1~ -t""'l"O'lI"'lr:-OOo..ONM..;-'-O II"IV"IVlV'lY'lV"'iIl"l\O\O\O\O\O ... ~ ~... " 2 ~ 'E ;., .. !~::E~:L~ 2....8] 1;;5.856 ;., 6l,,;. S > 8 :E!~Jlo~o e !l ~ CI.l B ~ ;>- .! ;: M :: -g ~ ~~ __u llI: ral .. .. '" .. ;; il ... ... CI.l ! ~ -< 5= E " :;-~ c., ~ o N "III:2""l:t'...,.... 'II:t'''l:t'...,...,..''l:t' "l:t'''''l:t. ."l:t"'d'''l:t'''''l:t''l:t'''llt~'''I:t'''l:t'..''Ct' O;~o\o\o\o\a\O-:~o\o.:o\ "l:t'..,....."II1'''Il:t.....''l:t''''I1'''l:t' \0 \0 0,,0 \0 \0 I,Q \0 \0\0 \0\0\0 ... ~ o N ~:::;~;:;::::~::~; 0\0\0\ oio\ 0.:0\ 0\0\ 0.: 0\0.: ~~~~~~~~~~~~ ... ..... o N "'IIt."l:t''''IIt..,.-.::t''l:t'~''''=t''Ct.''l:t' "l:t'~~"'=f""'lf""lt'''''lt'~-.:I"~.~ 0.:0.:0\0\0\0\0\0\0\0\0\0\ ~~~::2;:Z~~:h:Z~~~ ... "'l:t'~-.:I""If'-.::t"lf''''''If.~'''l:t'''l:t'~ ~~~"II::l"''''''If''ll::l'''..,.''t:!:-.:3''''II:t''''l3"-.:t 0'\0'10\0\0\0.:0\0'10\0\0\0\ ~~~~~~~~~~~~ ... N o N ~~~~~~~~~~:;; r---:...o"'.....-iN 00\0\0\0\ &;~~~~~~:!~~~~ ... ~ ~ OONClClON""'If\OClClQN-.::t\O 0\00 ~NNN ~~~~;g:!~~..,.~~~ V"l1t"'l"C:t"'tt"""VlV"lV')I.n~""'Vl ... ~:!~~~~:~~~g~ NNf"'lf'l"'i~...j..nv-iI.Or--:" Nf'l"'l..,.VlI.Or---OOo\O Nf'l"l ..,."I:t""'lf"""'l:t'..,.~"'l:!'It"'lV')VlV'l ... ~ ~... :g] ~ ~~~ .8..2..8 ~~.8ij5 >,ODa's>Q :Ei~Jlo~o :-a ~ ~ ~::E~ Packet Page -89- 2/22/2011 Item 8.A. " .c ... 00 o o N ,5: " ~ c., $' ." ~ .g It ~ a ., " e ., " o "S: e Co " :....: .5~ ~ -~ 1l-5 ~~ :;; " .gj 0 .. ~ ~ '~ ~~ " - " ?:l 6 ~g ]2 ~l ~8. e ~ ,:; ., ~ ";; ~~ ~~ " ~ !JI .. ~g. .,:< JI." a: .~ :( ~ 2/22/2011 Item B.A. ATTACHMENT 1 PUBLIC UTILITIES WATER-SEWER FEE STUDY MEMORANDUM INTRODUCTION The intent of this memorandum is to provide documentation of the steps that staff has completed, and remain to be completed to vet the five (5) water and wastewater related fee studies through interested stakeholders, prior to presentation to the Board for approval on the original scheduled date of February 8,2011. Subsequently, the Impact Fee study and the AFPI results are scheduled for staff to request board approval on February 22, 2011. Specifically, the five (5) studies include: a) Collier County Water-Sewer District (CCW5D) Impact Fee study; b) CCWSD Water and Wastewater User Fee study; c) Goodland Water District Rate study; d) CCWSD Irrigation Quality (IQ) Rate study; e) CCWSD Wholesale Water Rate Study. CCWSD STAFF ACTIVITIES (STAKEHOLDER ORDER) COUNTY MANAGER October 7, 2010, staff met with the County Manager and presented the results of the five (5) fee studies. GOODLAND April 20, 2010, staff met with the Goodland Homeowner's Association to discuss the need for a 5% rate increase that would be recommended to the Board for adoption on October 1, 2010. Staff also acknowledged that a rate study was being developed to review the 5 year financial horizon for the Goodland District. August 16, 2010, staff appeared before Marco Island City Council, requesting that Council not pass the contemplated 10.5% water rate increase on to Goodland. Staff requested Council to consider a lower percentage increase, due to the unique bulk service provision of water to Goodland. September 20, 2010, staff again appeared before Marco Island City Council, requesting that Council not pass the contemplated 10.5% water rate increase on to Goodland. City Council voted to pass the 10.5% increase to all customers, including Goodland. Staff Packet Page -90- 2/22/2011 Item B.A. requested, and City Council agreed to separately evaluate the Goodland bulk service, as part of a commissioned cost of service study for the Marco Island utility. December 7, 2010, staff met with Commissioner Fiala to discuss the results of the Goodland Water District Rate study, prior to a scheduled meeting with the Goodland Homeowner's Association. December 14, 2010, staff met with the Goodland Homeowner's Association to present the results of the Goodland Rate study. December 30, 2010, staff participated in a phone conversation initiated by Ms. Connie Fullmer, President, Goodland Preservation Coalition. Ms. Fullmer had a number of questions concerning the Goodland Water District, its financial condition, and the rate study. DSAC November 3, 2010, staff delivered copies of the 2011 CCWSD Impact Fee to the DSAC Committee. Staff was scheduled, and delivered an executive summary discussion to the DSAC Committee. The DSAC provided questions to staff; some questions were answered at the meeting, others required follow-up analysis. The DSAC took no action, and staff was scheduled to return for the December 1, 2010 meeting. November 22, 2010, staff responded to DSAC, reference a series of questions provided by individual members. Staff had previously requested all questions be provided to staff by November 19. December 1, 2010, staff again met with the DSAC Committee to discuss the responses to questions provided by staff on November 22. The DSAC Committee took no action; however, provided additional questions for staff. December 8, 2010, staff responded to DSAC, reference questions provided by individual DSAC members at the December 1 meeting. January 5, 2011, staff met with the DSAC Committee to answer outstanding questions, and gain the committee's final position on the impact fee study. The DSAC voted 10 - 3 to recommend approval of the Impact Fee study results. PRODUCTIVITY COMMITTEE November 17, 2010, staff met with the Productivity Committee, and delivered an executive summary discussion of the five (5) fee studies to the Committee for presentation. The committee discussed the results with staff. The committee decided not to create a sub-committee; however, agreed to provide any individual questions back to the staff before the next meeting. One member of the committee to an expanded version of the executive summary for individual review. No further action was taken at the meeting. Packet Page -91- 2/22/2011 Item B.A. December 15, 2010, staff met with the Productivity Committee, and was prepared to respond to questions from the committee (no questions had been provided to staff in advance of the meeting). One committee member had reviewed the expanded version of the executive summary. The committee member found the information difficult to review, and suggested the need for expanded narrative to better explain the results of the studies. It was also suggested that staff obtain outside legal review of the impact fee study. The committee decided to create a 5 member sub-committee to review the studies. January 7, 2011, staff received verbal feedback from outside counsel (Nabors & Giblin) on the methodology, and legal sufficiency of the impact fee study. This action was taken at the suggestion of one of the members of the Productivity Committee. January 19, 2011, staff met with the Productivity Sub-Committee. The sub-committee provided questions to staff in advance of the meeting. Staff responded to the questions prior to the meeting. During the meeting, sub-committee members and staff discussed the responses. The sub-committee noted they would recommend that the committee voted to recommend adoption of the studies. January 19, 2011, immediately after the Productivity Sub-Committee meeting, staff met with the full Productivity Committee to answer any outstanding questions, and gain the committee's final position on the fee studies. The Productivity Committee unanimously recommended adoption of the studies. February 8, 2011, a follow-up telephone call was conducted with Nabors & Giblin. This was concerning further clarification of the impact fee eligibility of certain project costs. February 14, 2011, staff was in receipt of a letter from Nabors & Giblin, outlining the final legal determination of impact fee eligibility. February 14, 2011, phone calls were exchanged between staff and Nabors and Giblin, reference the impact fee eligibility topic. CHAMBER OF COMMERCE November 16, 2010, staff provided a read ahead on impact fees to the Chamber of Commerce Public Policy Committee. November 19, 2010, staff met with the Chamber of Commerce Public Policy Committee to discuss the Collier County Water-Sewer District (CCWSD) Impact Fees. The committee took no action; however, positively acknowledged the work ofthe Public Utilities staff. January 4, 2011, staff met with Chamber of Commerce Infrastructure Committee to discuss the state of the utility. Topics included the operational, available capacity and financial strength of the utility. Packet Page -92- 2/22/2011 Item B.A. CBIA January 4, 2011 (week of), staff responded to letter of request to the County Manager forwarded from the CBIA. Essentially, the letter requested an outline of the criteria used to select projects for impact fee funding. This was a combined effort with the Growth Management Division. BOARD OF COUNTY COMMISSIONERS February 22, 2011, staff is scheduled to meet with the Board of County Commissioners to request approval of the impact fee and AFPI studies. Packet Page -93- Exhibit B 2/22/2011 Item B.A. TALLAHASSEE: Suite 200 1500 Mahan Drive Tallahassee, FIorlda 32308 (850) 224-4070 Tel (850) 224-4073 Fax --Nabors-- Giblin &, Nickersonp.A. FORT LAUDERDAlE 208 S.E. Sixth Street ,.Fort lauderdale, Florida 33301 (954) 525-8000 TI'I (954) 525.8331 Fax ," :: I ':' ~. ~,~ , .~:.; ',;":; t TAMPA ~It" 1060 2502 Rocky Point Drive Tampa, Aorlde 33607 (813) 2812222 Tel (813) 281-0129 Fax Reply to Tallahassee February 14, 2011 Via Electronic and U.S. Mail Thomas G. Wides Operations Director Collier County Public Utilities 3301 E. Tamiami Tail Naples, Florida 34112 Re: Water and Waste~ater Impact Fee Study Update for Fiscal Year 2011 ~. ....- Dear Mr. Wides: Our firm has been retained by the Collier County Public Utilities to review the draft report prepared by Public Resources Management Group, Inc. ("PRMG") relating to the proposed water and wastewater impact fees for the Collier County Water-Sewer District. The most recent version of the report which I reviewed is entitled "Collier County Fiscal Year 2011, Water and Wastewater Impact Fee Study for Collier County Water-Sewer District" dated December 15, 2010 (the "December Report"). To assist me, I was also provided with an October 27, 2010 draft of the Collier County Water-Sewer District Water and Wastewater Impact Fee Study; a Summary of Existing Utility System Fixed Assets, and draft responses to various questions raised by the Collier Building Industry Association, Inc. After my initial review, a conference call with staff and PRMG was held on January 7, 2011, to discuss my preliminary determinations. Subsequently, on February 4, 2011, I was provided with two spreadsheets which purportedly implemented the various suggestions that I had made during my conference call with staff and PRMG. A follow up conference call with staff and PRMG was held on February 8, 2011 to discuss these spreadsheets, On February 11, 2011, I Packet Page -94- 2/22/2011 Item B.A. Thomas G. Wides February 14,2011 Page 2 received additional revisions to the impact fee calculations which incorporated some of the changes that I had discussed with staff and PRMG on the Febluary 8th conference call. IMPACT FEES GENERALLY Impact fees are charges imposed against new development to provide the cost of capital facilities made necessary by that growth. The purpose of the charge is to impose upon the newcomers, rather than the general public, the cost of new facilities necessitated by their arrival. See City of Dunedin v. Contractors & Builders Ass'n of Pinellas County, 312 So. 2d 763, 766 (Fla. 2d DCA 1975) ("Where a city's water and sewer facilities would be adequate to serve its present inhabitants were it not for drastic growth, it seems unfair to make the existing inhabitants pay for new systems when they have already been paying for the old ones."); see also Hollywood. Inc. v. Broward County, 431 So. 2d 606 (Fla. 4th DCA 1983). Impact fees are generally a product of a local governments' Home Rule Powers and are imposed in conjunction with their power to regulate land use and their statutory responsibility to adopt and enforce comprehensive planning. Impact fees, in some instances, can also be justified under the police and proprietary powers of local governments. See Art. VIII, S 2, Fla. Canst.; City of Miami Beach v. Fleetwood Hotel. Inc., 261 So. 2d 801, 805 (Fla. 1972); Wald Corp. v. Metro. Dade County, 338 So. 2d 863, 868 (Fla. 3d DCA 1976). As the requirements for a valid impact fee have been developed through the exercise of local governments' home rule powers, their characteristics and limitations are derived generally from Florida case law and not by statute. However, in 2006, the Legislature did adopt section 163.31801, Florida Statutes, which attempted to codify some of the procedural requirements relating to the implementation of an impaCt fee. As developed under Florida case law, a valid impact fee must meet the "dual rational nexus" two-prong test. The first prong of the test requires that there must be a reasonable connection or rational nexus between the anticipated need for the additional capital facilities and the growth in population. The second prong of the test requires that there must be a reasonable connection or rational nexus between Packet Page -95- 2/22/2011 Item B.A. Thomas G. Wides February 14,2011 Page 3 the expenditure of the impact fee proceeds and the benefits accruing to the growth that paid those fees. See Hollvwood. Inc. v. Broward County, 431 So. 2d 606, 611-12 (Fla. 4th DCA 1983). See also St. Johns County v. N.E. Fla. Builders Ass'n, 583 So. 2d 635, 637 (Fla. 1991). Based upon these requirements and the various case law which has interpreted these requirements, there are several fundamental principles that must be met for any impact fee to be valid. These are as follows: (1) The impact fee may only be used to fund capital improvements; (2) The capital improvements must provide additional capacity or enhance the existing capacity that is available to serve those properties that will pay the fee; (3) The impact fees may not be used to fund repairs, replacement or operational expenditures; (5) The impact fees, once collected, must be expended within a reasonable time period; and (6) Impact fees must be segregated from other revenues. SUMMARY OF REVIEW The December Report of PRMG seeks to update the current water and wastewater impact fees. The methodology utilized by PRMG is a generally accepted methodology which is frequently used in the calculation of water and wastewater impact fees. It attempts to consider the value of the existing system, the improvements to be made and the extent that the existing system is available for growth. In valuing the original system under that impact fee methodology, PRMG used the original cost of the system which is an appropriate measure and generally results in a more conservative valuation than other methodologies. The December Report also utilizes a level of service of 350 gallons per day per water ERe and 250 gallons per day for wastewater ERC, which have been used as the Packet Page -96- 2/22/2011 Item B.A. Thomas G. Wides February 14,2011 Page 4 basis of other impact fees of the County and are generally accepted standards which are used throughout the State. However, in looking at the December Report, one of the issues which has significant impact upon the calculation of water and wastewater impact fees is the extent of future capacity that needs to be constructed to serve growth. In Collier County, there are no plans to build any additional water or wastewater capacity until Fiscal Year 2027. This means that there is a large amount of additional capacity built into the existing water and wastewater system which is available to serve future growth. Based upon the PRMG analysis, 40.50% of the existing water system is available to serve future growth and 43.68% of the existing wastewater system is available to serve future growth. As all of the costs which are included in the December Report are related to the existing system, it is extremely important to make certain that the included improvements do not represent repair, replacement or maintenance, but actually provide or enhance the available capacity which would serve future growth. PRMG went through the proposed expenditures contemplated through the planning period and classified them as "Future", "Upgrades", "Replacement", IlReliability" and "Relocation". In looking at these categories of expenditures, upgrades to the existing systems and reliability expenditures may be included within the calculation of an impact fee provided that (1) they benefit both existing service capacity and that capacity which is available to . serve future growth and (2) the expenditures either create additional capacity or directly enhance the capacity which is available to serve future growth. Staff and PRMG both indicated that all proposed "Upgrade" and F1Reliability" expenditures met both of the above criteria. I was not provided with any documentation demonstrating their compliance with these criteria and rely solely on the determination of staff and PRMG in this regard. However, the proposed expenditures which are classified as "Relocation" or "Replacement" are not growth related expenditures and it is my opinion that they should be excluded from the calculations of the water and wastewater impact fees. The original conclusion of the December Report of PRMG was that the water system impact fee should be decreased from $3,575 to $3,290 per equivalent Packet Page -97- 2/22/2011 Item B.A. Thomas G. Wides February 14,2011 Page 5 residential connection ("ERC") and the wastewater system impact fee should be decreased from $3,495 to $3,245 per ERCl. During my initial conference call with staff and PRMG on January 7, 20 II, I raised my concerns as to the inclusion of the replacement and relocation expenditures and was informed that the removal of these expenditures would reduce the impact fees approximately $250 per ERC. On February 4, 20 II, I received the two spreadsheets which modified the original December Report. One of the spreadsheets was for the water improvements and the other spreadsheet was for the wastewater improvements, A conference call was held and PRMG and staff on February 8, 2011 during which the two spreadsheets were reviewed. During that call, it was explained that the spreadsheets represented the change in the water and wastewater impact fee as a result of the removal of the Replacement Expenditures. Based upon the two spreadsheets, it appears that the amount of the water impact fee would be reduced an additional $34.52 per ERC and the wastewater impact fee would be reduced an additional $7.51 per ERC2. The revised summary letter to the December Report which was provided to me on February 11, 2011 reflects this adjustment to the proposed water impact fee by reducing the fee an additional $35 to $3,255 per ERC and by reducing the wastewater impact fee an additional $10 to $3,235 per ERe. However, as I was fmalizing my analysis, I reviewed the classification of expenditures contained in the initial project list of the original December Report and compared them with the projects that were removed from the calculation of the impact fees in the two spreadsheets. In comparing these two lists, it appears that even with the adjustments previously noted, there continues to be "Replacement" 1 Though the conclusion of the December Report is that the amount of the fee should be reduced, this does represent the general trend for all impact fees around the State primarily due to decreased costs. 2 When I initially asked why this was substantially less than the $250 per ERC estimate that had been given, I was initially informed that there had been a reclassification of projects. However, subsequently, I was informed by PRMG that they had been mistaken in their previous estimation. Packet Page -98- 2/22/2011 Item B.A. Thomas G. Wides February 14,2011 Page 6 and "Relocationll expenditures which are being included in the calculation of the respective impact fees. I have requested a verification and explanation of the modification of the classifications from the original December Report from PRMG but as of this date, I have not received a response. The Water System Improvements which were classified as "Replacement" or "Relocation" Projects in the original December Report which continue to be included within the calculation of the water impact fee are: 1. NCRWTP Sand Filters (Replacement), 2. FDOT Joint Project Agreement - Water (Replacement), 3. CCDOT Utility Relocates (Replacement), 4. CR 951 Widening GO (Replacement) (Total cost of these projects is listed as $1,364,54Si. As to the Wastewater Improvements which were classified as "Replacementll or "Relocation" Projects in the original December Report which continue to be included within the calculation of the wastewater impact fee are: 1. FDOT Joint Project Agreements - Sewer (Relocation) 2. CCDOT Utility Relocates (Relocation) 3. IQ Water Source Integration (Replacement) (The total cost of these three projects is $917,224). 3 There was one item which had been classified as an upgrade in the original December Report but now was removed from the impact fee calculation. That was for the Isles of Capri Repump Station Rehab (cost of $55,000). Based upon the project's designation as "rehab, II the removal of the project appears appropriate. Packet Page -99- 2/22/2011 Item B.A. Thomas G. Wides February 14,2011 Page 7 CONCLUSION Based upon my review, I would recommend that the projects which were classified as "Replacement" or "Relocation" in the original December Report and which continue to be included in the calculation of the fees, be reviewed to determine whether they either provide additional capacity or enhance existing capacity and whether they have been properly included in the calculation of the impact fees. If they were inappropriately included or there is an insufficient basis for their inclusion, then they should be removed from the calculation and the respective impact fees reduced accordingly. Subject to (1) the determination as to whether the "Relocation" and "Replacement" projects identified in the original December Report and which continue to be included in the calculation of the impact fees were properly included, and (2) whether the projects which have been classified as "Upgrade" and "Reliability" by staff and PRMG meet the criteria that I have set forth in this letter, then it is my opinion that the proposed water and wastewater impact fees are legally defensible. Should you have any questions, please contact me. Sincerely, \~I Gregory T. Stewart GTS:pad cc: Jeffrey A. Klatzkow, Esquire Packet Page -100- 2/22/2011 Item B.A. RESOLUTION NO. 2011 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS. EX OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER SEWER DISTRICT, AMENDING THE IMPACT FEE RATES ESTABLISHED BY ORDINANCE NO. 2007-57. WHEREAS, on March 13, 2001, the Board of County Commissioners (Board) 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 Law and Ordinances (Code), and incorporating the water and sewer impact fee rates established by the adoption of Ordinance No. 98-69; and WHEREAS, on December 11, 2001, the Board adopted Resolution No. 2001-488 thereby amending Schedule Two of Appendix A of Chapter 74 of the Code, as amended, the same being the Collier County Consolidated Impact Fee Ordinance; increasing the Water and Sewer Impact Fee rates and directing staffto update the Impact Fee after one year; and WHEREAS, in accordance with that direction, the County has retained Public Resources Management Group, Inc. (Consultant) to review the existing water and sewer impact fees and to recommend changes to those fees if appropriate; and WHEREAS, on February 12, 2002, the Board adopted Resolution No. 2002-88 to correct Scrivener's errors, and to correct the water impact fee downward by $50 per Equivalent Residential Unit (ERC), and to amend Schedule Two of Appendix A of Chapter 74 of the Code, as amended, the same being the Collier County Consolidated Impact Fee Ordinance; thereby increasing the Water and Sewer Impact Fee rates; and WHEREAS, on June 6, 2006, the Board adopted Ordinance No. 2006-26 amending Ordinance No. 2001-13 changing the impact fee rate; and WHEREAS, on June 26, 2007, the Board adopted Ordinance No. 2007-57 amending Ordinance No. 2006-26 changing the impact fee rate and to include Annual Mid-Cycle water and sewer impact fee rate indexing; and WHEREAS, on June 24, 2008, the Board adopted Resolution No. 2008-202 amending Ordinance No. 2007-57 decreasing the water impact fees by $41.49 and wastewater impact fee by $227.39, for a total reduction of$268.88; and WHEREAS, the County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, the Consultant has recommended a water impact fee rate decrease from $3,575 per ERC to $3,205 per ERC, a decrease of $370 and a sewer impact fee rate decrease from $3,495 per ERC to $3,220 per ERC, a decrease of $275 for all customer classes based on their ERC's equivalents; and 1 Packet Page -101- 2/22/2011 Item B.A. WHEREAS, the above recommended rate decrease for water and rate decrease for sewer establish these rates at the maximum levels allowed in accordance with equity tests established and existing pursuant to Florida law; and WHEREAS, staff has thoroughly reviewed the Consultant's findings and recommendations and staff concurs with the recommended decrease to water and the recommended decrease to sewer impact fee rate changes, and staff recommends that the Board adopt this Resolution to implement these recommended changes; and WHEREAS, the Board finds that it is in the health, safety and welfare of the customers to accept the recommendations of the Consultant and from staff. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER SEWER DISTRICT, that: The Board of County Commissioners hereby declares, after advertised public hearing, that the water and sewer impact fee rates set forth in the revised Schedule Two of Appendix A of Ordinance No. 2007-57, as amended, the Collier County Consolidated Impact Fee Ordinance, the same being Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, attached hereto, and incorporated by reference herein as Exhibit "A" are fair and reasonable and are to be assessed to those who receive or will receive benefits from increased water facilities capacity, increased sewer public facilities capacity, or from both, which increased capacity is necessitated by increased population and related growth driven development. BE IT FURTHER RESOLVED that these revised water and sewer impact fees will take effect as of 12:01 A.M. on Tuesday, March 1,2011. THIS RESOLUTION ADOPTED after motion, second and majority vote on this the_ day of ,2011. ATTEST: DWIGHT E. BROCK, CLERK Approval as to form and legal sufficiency: ~-?:r'D~- Jenni B. White Assistant County Attorney , Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER SEWER DISTRICT By: By: FRED W. COYLE, CHAIRMAN 2 Packet Page -102- '" ;; ... '" ..c ... '" '" '" 100 l: .. ! E ~ '" .. ::l .. < ~ :s .. := ~ ~ '" ... = .. ~ -;; ~ ... III 0 E "" ... = .. ~ "" '" 2/22/2011 Item B.A. oS 10- NN NN U fil fil fil t'it"i ~ .... ell 0 0 ell '" .... 0 0 ell K" ~lU 0 N N 0 8. ~ N N 0 w2 it~ N N N N ~.. ~ ri ri lU ~ ;;; :;i ri ri lU ~ -' > ~ .. .. ~ .. .. ~ ~~ a: 10- a: 10- a: II ,5 III u u e:: .5 ~ ~ wE - !!l ~ ---=- 10- ~ ~ III u ~ l.!l I I l.!l I I I I l.!l ~lU ~ III ~ III ~ I:l:~ ell ell ell ~ B ~ ~ lU ell I- - ~ - ",", "'"' "'"' 10- 00 00 00 U NN NN NN fil t'"ir"; fil (t)M fil t<irt'i ~ .... .... .... ell '" K " ell '" .... '" K " ell K" :l!lU 0 0 w2 0 on ~ 0 w2 ~ w2 it~ ~ N ~" ~ 0, oJ N ~.. ~.. ri -' > lU ;;; ri -' > lU -' > ~ .. < E ~ .. .. <E ~ <E a: > ~ a: > ~ a: > ~ ~ II ,5 10- II ,5 10- II ,5 I::! .5 U a:: .5 U D:: .5 wg ~ wg ~ wE I- ~ ~ r-----=:-- 10- Iii ffi Iti ffi Iii u ~ l.!l ! ~ l.!l I I ! ~ l.!l ~lll ~ ~ ~ ~ ~ C ffiLL: ell ell ell W B ~ ~ 0:: ~ C ...J W ~ W < ...J I- ...J 0:: i= < w < w z - "l5B i= :E - i= I- - W Z >- Z W c II ~ s~ :E ~l 1! _ ii) ~.. ~.~ i w ...J W h ~ 0" 1i) Ii . C ...J ~::m:~ C 0:: E"; 0; l~ ~ :;~ 1i) < i~ 1i) ~~ & -0 ~ 1 w ~ . 0 ,,-OC W '" .... 0:: ~~ 0-0 W ::) I!;/l ~~.s w I- 0 :o"S! ~:;J~ ~ '" '" Z: ~~~ 0:: C ~ - o....1ij'O 0:: III ;ll .,; .,; - c..-j-cj ~ :> ~>~ < C)>~ 0 ~LL- U~ ~.~ ~ :E U~ ' C C Z U~ c;-::! '0 C llii llii ~gg llii ,,-CL" :!: Cl-~ 00.2 < < 1<- g! - f---- - '0 '0 '0 '0 '0 0 Iii Iii Iii Iii Iii Iii lU " lU " " " " ~ ~ !::! C !::! C C C C '~'E '0, 'C '~'E 'g'E "g'E 'o,'t:l ell ell ~8 ~8 Bi ~ ~g I:l: ~8 ~8 ~g Bi M ~ 0" 0" 0" 0" ~ ~'" :0'" :0'" ::;'" ~'" ~ ::;'" ~ CL ~ CL CL CL CL ~ CL Cl Cl Cl Cl Cl Cl Iii Iii Iii Iii Iii Iii - CL CL CL CL CL - ~ - lll~ lU~ lll~ ~g f- II ~O f- f- f- II ...g II Z '" ...0:: Z Z Z '" '" O~ ~ w O~ ~ ~ ~ w 15~ w '" '" '" '" '" '" '" ell 0 w w !!!o w w w w !!!o w U;-J CL CL eIl-J CL CL CL CL eIl-J CL oq:-J oq:-J oq:-J caoq: caoq: caoq: - - - - 00 i:' " '" i:' 00 i:' 0 ii1 '" '" ... 0 ... 0 ... 0 r 0 0 0 0 O>~ W<>o 0> W<>o ~ !!!. ",r !!!. 0 0> ",r !!!. ~~ 0 0 0> 0" lU 0>. lU on. . " 0>. Z :e ::;"' lU U ",. U - ",. U ." v't 0 0 -in ~ 0>- O~ ~ 8 f- f- o~ ~ " f-w g~ ;; or '" ell 0" ell 0 ~ 0>- ell C l.!l 0 OW l.!l "'. o.~ l.!l 0 ~ '" tn.~ ~ - "'0 ~ Z S 0 '" '" z " " :J 0 Q. :J Q. :J z " Packet Page -103- in ;- -go .r. ~:5 m"ltM E')'Li: '" u. 0 ,~ ~ <( ~:::;]j = II 0 .Eml- Q) :; II ~ ~ ~ (; O_E :i: ~~.e CL o :5 CU (!) 1;'a5~ '6 en':; c: "C:i Q; ~~~~~ ~fuoli'" "E-Q.E~ ~~~~" -m.5~C)~ :;~o~~ .!:! Q) ~ = ~ Q. iii ~ G:" ~ ~ ::IE ~ o.Qg E ~~~~~ ~,~,~~G u:: .!!! .!! U) m ~~~8~ 0<(<(0;." & a5 5j ~.~ ~~~~~ > " 0 <( lrZ ,; o ~ Ii E o Q. C) 11 tJ lr W 2/22/2011 Item B.A. 20D · Friday, January 28,2011- Naples DaDy News NOTICE NOTICE NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION Notice is hereby given'that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, ,February 8, 2011 in the Boardroom, 3rd Floor, Administration Building, -Collier County Government Center, 3299 East Ta. miami Trail, 'Naples, Florida, The meeting will begin at 9:00 A.M. The title of the proposed Resolution is as follows: A RESOLUTION OF THE BOARD OF COUNTvCOMNHSSIONERS OF COLLIER COUN~; FLORIDA, AS THE ,GOVERNING BODY OF COLUERCOUNTY,AND AS EX OFFICIO niE' GOVERNING BOARP OF'THE COLLIER COUNTY "WATER :SEWER DISTRICT, AMEND- ING THE IMPACT FEE RATES EsTABLISHED BY ORDINANCE 2007-57. . Copies' ofthe proposed Resolution are on rile with, the Cle:rkto the,BoardarJd ,are availa~le for inspection. All interested parties are inv,ited to attend and be heard, ' NOTE: All Persons wishing to speak on any 'agencia item must register with the County Administrator, prior to presentation. of the agenda item to be, addressed," Individual speakers will be limited to 3 minutes on any item. The selection of an in. ' dividual to speak on behalf of an organization or group is encouraged. If'recog- nized by the Chair, a spokesperson for a group or organization .may be allotted 10, minutes to speak on an item. . Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall .be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board, will become a permanent part of the record. . , ' . Any person who decides to appeal a decision of the Board willl'leed a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceetlings is made, which' record includes the testimony and evi. dence upon which the appeal is based., ',' , ' If you are a person with a disability who needs anyac€ommodation in order to par- ticlpatein this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart. ment,located at 3335 'Tamlami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252-83BO. Assisted listening devices for the hearing impaired are avail- able in the County Commissioners' Office. , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ' FRED W. COYL€, CHAIRMAN DWIGHT E. BROCK. CLERK By: Teresa Polaski" Oe'puty Clerk , (SEAL) , Januarv 28- 201 " No188Ei19Q Packet Page -104-