Agenda 12/16/2008 Item #16A12
Agenda Item No. 16A 12
December 16, 2008
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve an impact fee
reimbursement requested by Cheffy Passidomo Wilson & Johnson, LLP on behalf of the
Weakley Family Properties, LLC, totaling $249,107.61, due to the cancellation of four
building permits
OBJECTIVE: That the Board of County Commissioners approve an impact fee reimbursement,
requested on behalf of the Weakley Family Properties, LLC, due to the cancellation of City of
Naples Building Permits #503780, #503781, #503782 and #503783.
CONSIDERATIONS: Impact fees were collected on behalf of Collier County (County) by the
City of Naples (City) for the above referenced building penuits for the Village at Trails End
mixed-use project. The collected fees were transmitted to the County by the City on July 11,
2006 and October 6, 2006 in accordance with the Interlocal Agreement executed between the
two jurisdictions related to impact fees. Impact Fees for General Government Buildings Impact
Fees were paid directly to the County on October 17,2006.
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 thol.wnd dollars ($25,IJOO) or more,
cannot be approved administratively and must be submitted to the Board of County
Commissiuners. "
The building permits for the subject development were cancelled on July 9, 2007 and a request
for reimbursement has been submitted by Cheffy Passidomo Wilson & Johnson, LLP on behalf
of the Weakley Family Properties, LLC.
FISCAL IMPACT: The recommended impact fee reimbursements will be paid from the funds
specifically budgeted for impact fee reimbursements as follows:
Road (District 3)
Emergency Medical Services
Government Buildings
Jail
Library
$ 186.457.77
$ 3,377.14
$ 25,375.98
$ 31,185.54
$ 2.711.l8
Total:
$ 249,107.61
Agenda Item No 16A 12
December 16, 2008
Page 2 of 4
GROWTH MANAGEMENT IMPACT: Remittance of the requested impact fee
reimbursement may adversely affect capital project funding for road construction; 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." Accordingly, this request is legally
sufficient for Board consideration and approval. This is a non-quasi judicial matter requiring
simple majority vote. -JAK
RECOMMENDATION: Recommendation that the Board of County Commissioners approve
an impact fee reimbursement requested by Cheffy Passidomo Wilson & Johnson, LLP on behalf
of the Weakley Family Properties, LLC, totaling $249,107.61, due to the cancellation of four
building permits 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 1 of2
Agenda Item No. 16A12
December 16, 2008
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A12
Recommendation that the Board of County Commissioners approve an impact fee
reimbursement requested by Cheffy Passidomo Wilson & Johnson, LLP on behalf of the
Weakley Family Properties. LLC, totaling $249,107 _61, due to the cancellation of four
building permits.
12/161200S 900:00 AM
Prepared By
Amy Patterson
Community Development &
Environmental Services
Impact Fee Manager
Date
Financial Admin. & Housing
11124/200811:23:43 AM
Approved B)'
Date
Jeff Klatzkow
County Attorney
Assistant County Attorney
County Attorney Office
11124120082:18 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
11125/200812:01 PM
Approved By
Brian Hancock
Transportation Division
Date
Operations Support Manager
Transportation Administration
11/25120081:12 PM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
Date
12/212008 10:43 AM
Approved By
Nick Casalanguida
Transportation Services
MPO Director
Date
Transportation Planning
1212/2008 3: 1 0 PM
Approved By
Garrett Mullee
Community Oevelopment &
Environmental Services
Financial Operations Manager
Date
Financial Admin. & Housing
12/2120083:57 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
12/2/20086:18 PM
Approved By
OMB Coordinator
Administrative Services
Applications Analyst
Information Technology
Date
12131200S 11 :03 AM
Approved By
Mark Isackson
Budget Analyst
Date
12/10/2008
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Agenda Item No. 16A12
December 16, 2008
Page 4 of 4
County Manager's Office
Office of Management & Budget
12/4/2008 10:05 AM
Approved By
Susan Usher
Senior Management/Budget Analyst
Office of Management & Budget
Date
County Manager's Office
12/8/200812:11 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
12/912008 12:42 PM
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