BCC Minutes 07/20/1981 W
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~aples, Florid"', July 20, 1981
LET IT BB REMEMBERED, that the Board of County Commissioners in
and for the County of Collier, and also acting as the governing
boardC_) of'such special districts as have been created according to
1.. .nd hayln9' conducted business herein, met on this dat~ at 9z0S A.M.
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"In Workshop-'Sesslon In Build lng - F- of the Courthouse Complex wi th the
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CHAIRM^N:
John ^. plstor (9:25 ^.M.)
Cll fford Wenzel
C. R. -Russ· Wimer
Mary-Frances Kruse
Dav Id C. Brown
VICE-CHAIRMAN:
· Vlce~Chairman Wenzel chaired meeting.
ALSO PRESENT: Donald A. Pickworth, County Attorney, Elinor M.
Skinner, Deputy Clerk, William Norman, County Manager, and Terry Virta,
Community Development Director.
ACENDA
1. Discussion of legal and technical issues relating to use
ot Impact fees for growth management: Research person:
Fred Bosselman, Ross Hardies, and Associates.
Vice Chairman Wenzel called the workshop to order and noted the
reason for the meeting was to discuss legal and technical Issues
relating to use of Impact fees for growth management.
Mr. Fred Bosselman and Mr. Dan O'Connor were introduced. Commu-
nity Development Director Vlrta stated the staff ha's been r.searchl.ng
impact fees as they exist in the State of Florida. He said that the
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July 20, 1981
staff would like to ascertain Board direction as to how to proceed In
terms of persulng an impact and if the Board Is desirous of such. He
explained that Ross Hardies and ^ssociates are presently working with
Manatee, Palm Beach, and Broward Counties in development of impact
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',' fees. He gave some of the background for Mr. Bosselman and Mr.
O'Connor and turned the meeting over to Mr. Bosselman for his comments.
Mr. Bosselman said that impacts fees is a subject of Interest
nationwide. He said that the Courts say any sort of Impact fee has to
be c.refully designed to aeet the .particular circumstances of the
particular community. He said they should be based on projections of
future growth and revenue and expendltures'"'tb~t are relateð to that
particular county. He said it is important to have an expert who will
come In and testify as to the equity involved in the fee structure.
Mr. O'Conner said that the State and Local Government Comprehen-
sive Pla'nnlng ^ct requires that Implementation recommendations be
included as part of the plan adoption and he noted that in Collier
c0'r::'Y's ~~~~P:~,,1r.$j;t.!;ive Plan one of the implementðtion recommendations
was ·The County should maximize the use of equitable methods such as
Impact fees within appropriate legal boundaries to accommodate the
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costs of new development and to assure lowest possible tax burden to
existing residents ~f the County.· He explained, while studying the
preliminary work of the County and trying to develop a method for
capital impr~vement program, he reviewed one of the County's documents
and noticed in the description of the capital improvement program
.nether reco..endation that said ·....the County should consider
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promotion of the following policies to meet future capital improvement
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July 20, 19R1
nèeds" and he said that one choice w~s r~venue honds 3nd the s~cond W~3
i~pact fees. He said one point was made that the development I~pact
tee concept Is not a major element of Collier County's capital
improvement program except perhaps in the areas of utilities system
construction .nd to the le...r extent in the school board's capital
Improvement program. He said it is a growing recognition that impact
fees are an implementation technique to meet the demands of future
growth and is happening throughout the state.
Commissioner Wenzel commented that he felt every problem in
Collier County could be attributed to runaway growth. Mr. Virta said
that the problem is that in the development of any impact fee, the
first step Is to find out the needs today. Once that decision is made
by the community as a whole, the County is in the position to develop
the formulas which will allow assessment of an equitable fee on new
growth.
Commissioner Kruse asked if it was reasonable to separate the
Impact fees Into categories such as sewer and water systems, which are
intended to be funded out of system development fees and are intended
to pay back out of revenue or bonds, from the items which are not paid
for in such a manner such as the school and the roads and Mr. Bosselman
.aid he felt It was much safer to sot up separate funds.
Mr. Bosselman said that the question of which costs are due to
growth and which are not Is really a very difficult question. He said
In designing an impact fee, a level of revenue is desired which will be
helpful but not so much that experts for any challengers can show that
the newcomer costs are assessed for something that should be allocated
Page 3
&OOK 062 ~ACE 227
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~l 062 PACE 228
July 20, 1981
to existing residents.
He said a very careful study of existing and
future revenues and expenses must be made and the level of fee must be
set In a ~anner that Is reasonable and equitable.
Mr. Bosselman covered the types of fe~s with which he has had
experience such as utility fees, parks and recreation and road fees.
A~.hort discussion centered on the tourist tax.
Mr. Bosselman described the impact fee in effect in Broward County
which covers roads, schools and parks and the fees that Manatee County
are beginning to explore. ^ discussion followed regarding on what the
Impact fee would be based.
~s. Jane Paulus, from the Collier County School Board, noted that
Broward County's impact fee money has been held in an escrow account,
according to her understanding.
A discussion was held reg~rding to what d~gree the indirect impact
would be for a resident moving into a community and how that would
become a component of the design of the impact fee.
Mr. John Stelnwand raised the philosophical question of the
difference between schools which are mandated by law and roads and
street lighting which are not.
Mr. William McGrath said a year ago the Planning Commission was
asked to study impact fees and did so. He said he felt th.re should
not be any attempt to ·count noses·, but that the fact of so many
houses should be accepted and anticipate so many school rooms that will
be needed.
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~r. W~faa Assaad ~sked if th~re w~s any provi3ion which required
that the money collected b. spent within a certain time frame and he
said there is a development fee and he did not feel there was a plan
for spending the money. Utilities Manager Berzon said there were plans
for the areas where there are collection of utilities fees.
There was a short discussion on the merits of not having
Legislaturo Involvment with impact fee establishment on the local
level.
A discussion was held regarding developIng an impact fee which
could be used for areas other than immediately surrounding areas where
levied. Commissioner Brown noted that the County's parking fee has a
provision that the money can be spent in an area up to 15 miles.
Mr. Norman questioned the procedure for formulating an impact ree
ordinance, whether Collier County snould use Broward's as a guide, and
Mr. O'Connor said he felt the County would get a better product if they
did most of thê work in house. He advised setting up a system of
districts, set up funds fúr various types of facll1tieß and establish
administrative procedures. He said one readon Collier can not just
adopt some other county's ordinance is that each county is different.
Commissioner Wimer said he would liko staff to bring back a
recommendation on the best way to proceed, whether In house or 1n
conjunction with firms for the Board's approval.
···***RECESS: 10:30 ^.M.
RECONVENED: 10:45 ^M.M******
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Mr. Norman pointed out he felt by having the impact fee study done
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In house that there is not enough staff to handle all that is necea,.
sary. The suggestion was made that an impact fee be levied at the time
Page 5
bOOK 062 PACE 229
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of the building permit Issuance. Commissioner plstor suggented that
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A short discussion ensued precipitated by a member of the audience
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stating he felt the,Commissloners were going from a discussion of
impact fees to formulation of an ordinance too quickly.
, Commissioner Wimer requested that within the next two weeks he
would like something brought back to the Board regarding Impact fees
and whether the ordinance will be developed In house or with the help
of the consultants present today.
There being no further business to come before the Board, the
~eeting was adjourned at 11:35 A.M.
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