Agenda 07/22/2008 Item #16A 6Agenda Item No. 16A6
July 22, 2008
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve and authorize its
Chairman to execute an Interlocal Fire Impact Fee Reconciliation Agreement between
Collier County and the City of Marco Island in order to correct the erroneous payment of
Fire Impact Fees by the County
OBJECTIVE: Recommendation that the Board of County Commissioners approve and authorize
its Chairman to execute an Interlocal Fire Impact Fee Reconciliation Agreement between Collier
County (County) and the City of Marco Island (City) in order to correct the erroneous payment of
Fire Impact Fees by the County.
CONSIDERATIONS: Collier County collects Fire Impact Fees on behalf of the Independent
Fire Districts through Interlocal Agreements executed between Collier County and the Districts.
Prior to its incorporation as the City, the County also collected impact fees for the Marco Island
Fire Control District, now known as the City of Marco Island Fire - Rescue Department.
The Impact Fee Section of Community Development and Environmental Services Division
performed a review of the Fire Impact Fee collections for the period of April 1997 through January
2006 in order to determine the accuracy of the impact fee collections for the various Fire Districts.
This review revealed that approximately 3% of the Fire Impact Fees collected in this time period
were paid to the wrong Fire District. Included in the erroneous payments were Fire Impact Fees
that should have been transmitted to the City of Marco Island Fire- Rescue Department, known
then as the Marco Island Fire Control District. The errors occurred for a variety of reasons,
including incorrect information listed on building permit applications, properties located near Fire
District boundaries resulting in the incorrect Fire District receiving funds, and data processing
errors related to selection of the correct Fire District for the purpose of assigning the impact fees.
Each of the Fire Districts were notified of the findings of this review and provided a complete set
of back -up documentation. The findings were also presented to the Fire Services Steering
Committee for consideration.
The City of Marco Island incorporated on August 28, 1997, however, during the time period
covered by this review, areas outside of the City boundaries remained within the boundaries of the
then named Marco Island Fire Control District, and impact fees for new development within those
areas were collected by the County and transmitted to the City. The County no longer collects Fire
Impact Fees on behalf of the City as the subject areas have been annexed into the City or receive
fire protection under different service agreements.
FISCAL IMPACT: The following is a complete breakdown, over and underpayments related to
each Fire District:
Agenda Item No, 16A6
July 22., 2008
Page 2 of 6
Fire District
Amount to Be Received
Amount Owed
Net
Big Corkscrew
$77,086.40
$0.00
$77,086.40
East Nap] es
124,446.35
90,380.33
34,066.02
Golden Gate
295,127.70
167,067.75
128,059.95
Immokalee
0.00
358.40
(358.40)
Isles of Capri
15,477.82
866.91
14,610.91
Marco Island
7,147.80
0.00
7,147.80
North Naples
70,427.63
330,357.30
(259,929.67)
Ochopee
375.30
1,058.31
(683.01)
TOTAL
$590,089.00
$590,089.00
$0.00
The Fire Districts of North Naples, Ochopee and Immokalee will submit payment, as detailed
above (net) within 30 days of the execution of the proposed Agreement. These payments total
$260,971.08. Payment will be made to the Board of County Commissioners, through the Impact
Fee Section, and deposited with the Clerk of the Courts for the appropriate reconciliation and re-
allocation to the Districts. The County administrative fees are not applicable to these transactions.
Upon receipt of the payments from the above Fire Districts, the City of Marco Island will receive
$7,147.00 to fully reconcile the past underpayments.
Outside of the costs related to recording the Agreement, there is no direct fiscal impact to Collier
County.
GROWTH MANAGEMENT IMPACT: Impact fees provide financial resources for the
construction and/or expansion of capital infrastructure, as necessary to accommodate growth.
Development is required to contribute its fair share of the cost of providing public facilities
necessitated by growth. This Agreement helps to ensure that new development receives a
reasonable benefit from the payment of impact fees.
LEGAL CONSIDERATIONS: The County Attorney worked with staff and legal counsel for the
Fire Districts in the preparation of this Agreement, which is legally sufficient for Board
consideration and approval. - DCW
RECOMMENDATION: Recommendation that the Board of County Commissioners approve
and authorize its Chairman to execute an Interlocal Fire Impact Fee Reconciliation Agreement
between Collier County and the City of Marco Island in order to correct the erroneous payment of
Fire Impact Fees by the County.
Prepared by: Amy Patterson, Impact Fee /Economic Development Manager
Business Management and Budget Office, CDES
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Agenda Item No. 16A6
July 22, 2008
Page 3 of 6
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16A6
Item Summary:
Recommendation that the Board of County Commissioners approves and authorizes its
Chairman to execute an Interlocal Fire Impact Fee Reconciliation Agreement between Collier
County and the City of Marco Island in order to correct
the erroneous payment of Fire Impact
Fees by the County. (This item is the companion to item
16A7)
Meeting Date:
7/2212008 9.00.00 AM
Prepared By
Amy Patterson
Impact Fee Manager
Date
Community Development 8
Financial Admin. &Housing
7/712008 11:29:41 AM
Environmental Services
Approved By
Judy Puig
Operations Analyst
Date
Community Development &
Community Development &
Environmental Services
Environmental Services Admin.
7/7/2008 12:43 PM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/712008 2:31 PM
Approved By
Community Development 8
Joseph K. Schmitt
Environmental Services Adminstrator
Date
Community Development &
Community Development 8
Environmental Services
Environmental Services Admin.
718!2008 5:33 PM
Approved By
Garrett Mullee
Financial Operations Manager
Date
Community Development 8
Financial Admin. &Housing
719!2008 1:21 PM
Environmental Services
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/912008 3:40 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7!9/2008 5:24 PM
Approved By
_.. James V. Mudd
County Manager
Date
Board of County
County Manager's Office
7/10/2008 12:44 PM
Commissioners
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Agenda Item No. 16A6
July 22, 2008
Page 4 of 6
INTERLOCAL FIRE IMPACT FEE RECONCILIATION AGREEMENT
WITH THE CITY OF MARCO ISLAND
THIS INTERLOCAL AGREEMENT ( "Agreement ") is made and entered into by and
between Collier County, a political subdivision of the State of Florida, hereinafter referred to as
the "County," and the City of Marco Island, hereinafter referred to as the "City."
RECITALS:
WHEREAS, the Interlocal Cooperation Act of 1969, set forth in Chapter 163, Florida
Statutes, authorizes the joint exercise of any power, privilege or authority which the public
agencies involved herein might exercise separately; and
WHEREAS, the former Marco Island Fire Control District was an independent special fire
control and rescue district created and existing under the laws of the State of Florida, having all
powers and authorities enumerated in Chapters 189 and 191, Florida Statutes, and their enacting
special acts and subsequent amendments to such acts; and
WHEREAS, the Legislature of the State of Florida authorized the former Marco Island Fire
Control District to assess and collect impact fees pursuant to Chapter 191, Florida Statutes, and
their enacting special acts and subsequent amendments to such acts; and
WHEREAS, on September 25, 1990, the County and the former Marco Island Fire Control
District entered into an Interlocal Agreement ( "September 25, 1990 Agreement ") whereby the
County agreed to assist and cooperate in the collection and distribution of Fire Impact Fees
imposed within this district's jurisdictional boundaries; and
WHEREAS, the September 25, 1990 Agreement was subsumed by the City at the time of
its incorporation; and
WHEREAS, between the dates of April 15, 1997 and January 24, 2006, the County, in its
administration of the September 25, 1990 Agreement, misread the jurisdictional boundaries and
misdirected certain Fire Impact Fees; and
WHEREAS, the County and City desire to reconcile and effectuate the correct and proper
allocation of Fire Impact Fees to the City consistent with the September 25, 1990 Agreement and
consistent with the Laws of Florida and Collier County; and
WHEREAS, there is that certain Interlocal Fire Impact Fee Reconciliation Agreement
which, when administered to its completion, will provide for the ability of this Agreement to be
administered for the purposes stated herein.
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Interlocal Fire Impact Fee Reconciliation Agreement
Agenda Item No. 16A6
July 22, 2008
Page 5 of 6
WITNESSETH:
NOW, THEREFORE, in consideration of the premises and for good and valuable
consideration, receipt and sufficiency of which is hereby acknowledged, the County and the City
hereby agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. Between the dates of April 15, 1997 and January 24, 2006, erroneous allocations
of Fire Impact Fees resulted in a net underpayment to the City in the amount of $7,147.80.
3. The County shall remit to the City the amount of $7,147.80 subsequent to the
completion of the administration of the Interlocal Fire Impact Fee Reconciliation Agreement.
4. The County and the City acknowledge and agree that the above disbursement will
fully reconcile and properly re- allocate the Fire Impact Fees erroneously allocated between the
dates of April 15, 1997 and January 24, 2006.
5. Except as provided herein, the September 25, 1990 Agreement between the
County and the former Marco Island Fire District, such agreement continued with the City,
remains in full force and effect.
6. The County shall record this Agreement at its sole cost in the Public Records of
Collier County.
7. This Agreement shall become effective upon its execution by the County and the
City and its recording in the Official Records of Collier County, Florida.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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Interlocal Fire Impact Fee Reconciliation Agreement
Agenda Item No. 16A6
July 22, 2008
Page 6 of 6
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year below.
DATE:
ATTEST:
DWIGHT E. BROCK, Clerk
M
, Deputy Clerk
Approved as to form
and legal sufficiency:
mix
Jeffrey A. Klatzkow
County Attorney
BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
M0
TOM HENNING, CHAIRMAN
DATE:
ATTEST: CITY OF MARCO ISLAND
By: By: _
City Clerk William D. Trotter, Chairman
Approved as to form
and legal sufficiency:
M
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Interlocal Fire Impact Fee Reconciliation Agreement