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Agenda 01/27/2009 Item #16A 9 Agenda Item No, 16A9 January 27, 2009 Page 1 of 4 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve an impact fee reimbursement requested by Stock Construction on behalf of Player's Cove Development, LLC, totaling $58,262.16, and a reimbursement of the Allowance for Funds Prudently Invested totaling $2,229.32 due to the cancellation of a building permit OBJECTIVE: That the Board of County Commissioners (Board) approve the reimbursement of impact fees and Allowance for Funds Prudently Invested charges, requested on behalf of Player's Cove Development, LLC, due to the cancellation of Building Permit No, 2008051917. CONSIDERATIONS: Impact fees in the amount of $58,262,16 were paid for the above referenced building permit on August], 2008. The building pennit was subsequently cancelled on August 21, 2008 and request for reimbursement of the impact fees and Allowance for Funds Prudently Invested (AFPI) fees of $2,229.32 has been submitted. Transportation impact fees are not included in this request as they were paid with a Certificate of Adequate Public Facilities (COA) credit and will be returned to the ledger for the project. Section 74-202 of Article II of Chapter 74 of the Collier County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, provides for specific criteria and procedures for processing routine and non-routine requests for impact fee reimbursements. Specifically, as set forth by Section 74-202 (h) (5): "All reimbursement requests totaling twenty-five thousand dollars ($25,000) or more, cannot be approved administratively and must be submitted to the Board of County Commissioners. " Section 134-173 of Article VI of Chapter 134 of the Collier County Code of Laws and Ordinances, Division 1. District Rates Fees Charges and Regulations, the Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance 2001-73, as amended by Ordinance 2006-27 provides for the adoption of AFPI fees to afford the Water-Sewer District (District) an oppOliunity to earn up to a fair rate of return on the District's investment in water and/or wastewater plant that has been constructed but is not yet used and usefuL In addition Section 134-173 (i) sets forth that the amount of the applicable AFPI charge is controlled by the month when the related impact fee is received. FISCAL IMPACT: The recommended impact fee reimbursements will be paid from the funds specifically budgeted for impact fee reimbursements as follows: ~~.... Agenda Item No, 16A9 January 27.2009 Page 2 of 4 Emergency Medical Services Government Buildings Jail Law Enforcement Library Parks School Sewer Water $ 501.04 $ 1,800,72 $ 609.08 $ 744.80 $ 1,611.16 $ 11,081.40 $ 12,558.44 $ 14,889.56 $ ] 4.465.96 Total: $58,262.16 The AFPI fee reimbursements will be paid from the Collier County Water-Sewer District Operating Fund 408, as follows: AFPI Fee Water AFPI Fee Sewer $1,349.88 $ 879.44 Total: $2,229.32 GROWTH MANAGEMENT IMPACT: Remittance of the requested impact fee reimbursement may adversely affect capital project funding; however, the building permit has been cancelled and the building will not be constructed on the site; therefore, a reimbursement is due to the customer. LEGAL CONSIDERATIONS: Section 74-202(h) of the Consolidated Impact Fee Ordinance provides that "In the event a building permit issued for a development...is officially cancelled ... the then current owner/applicant may within four years of the.. ,cancellation... apply for a reimbursement of a portion of or the entire impact fee.,." The Section goes on to provide that "All reimbursement requests totaling $25,000.00 or more, cannot be approved administratively and must be submitted to board of county commissioners." Section 134.173 is silent as to whether AFPI fees may be reftmded. As such, it is a policy decision as to whether they may be refunded. Accordingly, this request is legally sufficient for Board consideration and approval. This is a non-quasi judicial matter requiring simple majority vote. -JAK RECOMMENDA TION: Recommendation that the Board of County Commissioners approve a reimbursement of impact fees and Allowance tor Funds Prudently Invested charges, requested on behalf of Player's Cove Development, LLC, due to the cancellation of Building Pennit No. 200805 I 917 and approve any budget amendments that may be required related to the reimbursement. Prepared by: Amy Patterson, Impact Fee and Economic Development Manager, Business Management and Budget Office, CDES Item Number: Item Summary: Meeting Date: Page] of2 Agenda Item No. 16A9 January 27.2009 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A9 Recommendation that the Board of County Commissioners approve an Impact fee reimbursement requested by Stock Construction on behalf of Players Cove Development, LLC, totaling $53.262.16, and a reimbursement of the Allowance for Funds Prudently Invested totaling $2.229.32 due to the cancellation of a building permit. 1/27/200990000 AM Prepared By Amy Patterson Community Development & Environmental Services Impact Fee Manager Date Financial Admin. & Housing 1/6/200910:14:24 AM Approved By Joseph Bellone Public Utilities Operations Supervisor Date Public Utilities Operations 1/6/200910:25 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Date Community Development & Environmental Services Admin. 1/6/200912:25 PM Approved By Thomas Wides Public Utilities Operations Director Date Public Utilities Operations 1/6/20091:09 PM Appruved By Jeff Klatzkow County A.ttorney Assistant County Attorney Date County Attorney Office 1i6/2009 2:09 PM Apprund By James W. Delany Public Utilities Public Utilities Adminlstrator Date Public Utilities Administration 1/7120098:16 AM Appro\'cd By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adrninstrator Date Community Development & Environmental Services Admin. 1/8/20098:08 PM Approved By Jennifer A. Belpedio County Attorney Assistant County Attorney Date County Attorney Office 1/13/200911:59 AM Approved By Garrett Mullee Community Development & Environmental Services Financial Operations Manager Date Financial Admin, & Housing 1/13/20092:18 PM Approvcd By OMB Coordinator OMS Coordinator Date tile:! Ie :\Agenda T est\Export\ 122-January%2027, %202009\ 16. %20eONSENT%20AGEND... 1/21/2009 Page 20f2 Agenda Item No. 16A9 January 27. 2009 Page 4 of 4 County Manager's Office Office of Management & Budget 1/14/20097:19 AM Approved By Mark Isackson Budget Analyst Office of Management & Budget Date County Manager's Office 1119/20091:51 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/19/20091 :57 PM fi le:/ /C:\Agenda T est\Export\ 122-J anuary%202 7, %202009\ 16. %20CONS ENT%20AG EN D... 1/21/2009