Agenda 12/13/2011 Item #16C1412/13/2011 Item 16.C.14.
EXECUTIVE SUMMARY
Recommendation to ratify a Letter Agreement with Golf Club of the Everglades to defer
payment of water and wastewater impact fees pending the Board of County
Commissioner's review and decision on the proposed ordinance amendment to update
areas exempt from payment of water and wastewater impact fees scheduled to go to the
Board for direction to advertise on December 13, 2011.
OBJECTIVE: To ratify a Letter Agreement with Golf Club of the Everglades to defer payment
of water and wastewater impact fees pending the Board of County Commissioner's review and
decision on the proposed ordinance amendment to update areas exempt from payment of water
and wastewater impact fees scheduled to go to the Board for direction to advertise on December
13, 2011.
CONSIDERATIONS: Staff received building permit PRBD20110903490 for the addition of a
rest shelter within Golf Club of the Everglades in Township 48, Range 26, Section 36. The
property is connected to the Collier County Waster Sewer District ( CCWSD) water system. No
additional water impact fees were due as the impact of the new structure did not exceed the
property's existing water impact fee credits. The property is not connected to the CCWSD
wastewater system. Wastewater impact fees were calculated at $3,220 (the property does not
have any wastewater impact fee credits). Since the section is not currently exempt, a wastewater
impact fee assessment is required even though the structure is designed to connect to an existing
septic system and a mandatory connection to the infrastructure is not required due to the distance
of the property from the nearest available wastewater service line.
The CCWSD reviews the water and wastewater impact fee exempt areas on an annual basis. In
the most recent review, Township 48, Range 26, Section 36 is proposed to be designated as
exempt from water and wastewater impact fees through an ordinance amendment scheduled for
preliminary review by the Board on December 13, 2011. If approved, the property will be
eligible for a refund of the wastewater impact fee under the Exempt Area Refund Program
approved by the Board on July 26, 2011, since the property will not have connected to, nor have
been required to connect to the wastewater infrastructure.
Staff recognizes the financial commitment the imposition of the wastewater impact fee would
have on the customer. In an effort to expedite the permitting process, reduce the customer's
financial burden, and gain efficiencies by completing in one step what would otherwise take two
for both the customer and staff, the CCWSD worked with the County Attorney's Office to
develop a Letter Agreement. In the event that the ordinance amendment is not approved, the
customer has acknowledged and agreed to pay the wastewater impact fee and associated
Allowance for Funds Prudently Invested (AFPI) fee, and staff is prepared to proceed with the
collection in accordance with the CIFO.
FISCAL IMPACT: The fiscal impact is considered to be a net of zero as the intent is to not
collect fees from a property where there is no reasonable probability of service.
LEGAL CONSIDERATIONS: On this same agenda, staff is requesting that the Board direct
staff to advertise an Ordinance amending the Collier County Consolidated Impact Fee
Ordinance, Ordinance No. 2001 -13, as amended, which would exempt the applicant from paying
these fees. This item is being brought in conjunction with this request. With that said, this item
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12/13/2011 Item 16.C.14.
has been reviewed by the County Attorney, is legally sufficient, and requires majority vote for
approval. -JAK
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this request.
RECOMMENDATION: To ratify a Letter Agreement with Golf Club of the Everglades to defer
payment of water and wastewater impact fees pending the Board of County Commissioner's
review and decision on the proposed ordinance amendment to update areas exempt from
payment of water and wastewater impact fees scheduled to go to the Board for direction to
advertise on December 13, 2011.
PREPARED BY: Amia Curry, Operations Support Manager, Public Utilities Division
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.14.
12/13/2011 Item 16.C.14.
Item Summary: Recommendation to ratify a Letter Agreement with Golf Club of the
Everglades to defer payment of water and wastewater impact fees pending the Board of
County Commissioner's review and decision on the proposed ordinance amendment to update
areas exempt from payment of water and wastewater impact fees scheduled to go to the Board
for direction to advertise on December 13, 2011.
Meeting Date:. 12/13/2011
Prepared By
Name: Gilbert Moncivaiz
Title: Impact Fee Coordinator,Utilities Finance Operation
11/17/2011 11:16:15 AM
Submitted by
Title: Impact Fee Coordinator,Utilities Finance Operation
Name: Gilbert Moncivaiz
11/17/2011 11:16:16 AM
Approved By
Name: HapkeMargie
Title: VALUE MISSING
Date: 11/17/2011 1:26:59 PM
Name: WidesTom
Title: Director - Operations Support - PUD,Utilities Fina
Date: 11/17/20113:29:09 PM
Name: Amia Marie Curry
Date: 11/18/20119:39:11 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/23/20112:11:43 PM
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Name: YilmazGeorge
Title: Director Wastewater,Wastewater
Date: 11/26/20119:06:43 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 11/28/2011 10:24:28 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/28/2011 1:30:10 PM
Name: OchsLeo
Title: County Manager
Date: 11/29/20113:47:54 PM
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12/13/2011 Item 16.C.14.
12/13/2011 Item 16.C.14.
Co �e-r County
Public Utilities Division
November 15, 2011 Operations Support
Mr. Clyde C. Quinby, President
Golf Club of the Everglades
3785 Airport Pulling Road N., Suite C
Naples, FL 34105
Re: Permit PRBD201 10903490 (add rest shelter in Golf Club of the Everglades)
.Wastewater Impact Fees and Allowance for Funds Prudently Invested (AFPI) fees
Dear Mr. Quinby:
This letter agreement is to formalize the understanding with regard to the wastewater impact
and AFPI fees for the permit referenced above:
1. That the permit applicant acknowledges and agrees that a sewer impact fee in the
sum of $3,220 and AFPI fee based on payment date are required at time of this permit;
2. That the District advises that it intends to propose excluding Township 48, Range 26,
Section 36 from water and sewer impact fees through an ordinance amendment
scheduled to go to the Board for direction to advertise on December 13, 2011;
3. That the District agrees to defer payment pending the Board's review and decision on
the proposed ordinance, provided that the applicant agrees to promptly pay the
required fees within 30 days written notice from the District should the proposed
ordinance not be enacted;
4. That the District agrees that if the proposed ordinance is enacted, the deferred fees
would automatically be waived.
5. That the applicant agrees that should the proposed ordinance not be enacted, and
should it fail to pay the required fee within the 30 day written notice period, that it will
pay the District all costs and fees associated with collecting on this debt, including
interest at the statutory legal rate from the date due, and all associated legal costs and
reasonable attorneys fees.
Please indicate your acceptance by signing and returning this agreement. A copy is included
for your records.
Best regards,
Thomatst de s Clyde C. ui by k
Operations Support Director Golf Club of fhe Everglades President
Cc: George Yilmaz, Public Utilities Administrator Date:
Jeff Klatzkow, County Attorney
Operations Support Department 3339 • Tamiami Trail East, Suite 305 • Naples, Florida 34112 -5361 •239- 252 -2508 • FAX 239- 252 -9222
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