Agenda 07/22/2008 Item #16A 7Agenda Item No. 16A7
July 22, 2008
Page 1 of 16
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 Big Corkscrew Island Fire Control and Rescue District, the East
Naples Fire Control and Rescue District, the Golden Gate Fire Control and Rescue District,
the Immokalee Fire Control District and the North Naples Fire Control and Rescue District
in order to correct the erroneous payment of Fire Impact Fees by the County and
Administrative Fees collected related to those erroneous payments
OBJECTIVE: That the Board of County Commissioners (Board) approve and authorize its
Chairman to execute an Interlocal Fire Impact Fee Reconciliation Agreement between Collier
County and the Big Corkscrew Island Fire Control and Rescue District, the East Naples Fire
Control and Rescue District, the Golden Gate Fire Control and Rescue District, the Immokalee
Fire Control District and the North Naples Fire Control and Rescue District (the Districts) in order
to correct the erroneous payment of Fire Impact Fees by the County and Administrative Fees
collected related to those erroneous payments.
CONSIDERATIONS: Collier County collects Fire Impact Fees on behalf of the Independent
Fire Districts through Interlocal Agreements executed between Collier County and the Districts.
The Interlocal Agreements also provide for administrative fees to be retained by the County for the
costs associated to this function.
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 Districts.
This review revealed that approximately 3% of the Fire Impact Fees collected in this time period
were paid to the wrong District. The errors occurred for a variety of reasons, including incorrect
information listed on building permit applications, properties located near District boundaries
resulting in the incorrect 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 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.
On January 1, 2006, the Impact Fee Section, at the request of the Districts, began calculating the
impact fees and assigning the appropriate Fire District to all one and two- family residential
building permits. As of that date, every permit is reviewed by two staff members with the District
selection checked both by map and Geographical Information System (GIS). Collections are
reviewed on a quarterly basis to identify any potential errors and provide for timely correction. The
Office of the Fire Code Official reviews and assesses the impact fees for multi- family and
commercial projects, which were outside of the purview of the review.
Since the completion of the collection review, staff has worked with the staff from the Clerk of the
Circuit Court Finance Department, the County Attorney's Office and counsel and representatives
from the Districts to resolve this matter. The attached Agreement represents a consensus of all
parties involved.
Agenda Item No. 16A7
July 22, 2008
Page 2 of 16
FISCAL IMPACT: The following is a breakdown, as detailed in the attached agreement, of the
over and underpayments related to each Fire District:
Fire District
Amount to Be Received
Amount Owed
Net
Big Corkscrew
$77,086.40
$0.00
$77,086.40
East Naples
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.
The amount to be transmitted to the City of Marco Island on behalf of the City of Marco Island
Fire- Rescue Department, identified above, is addressed in a separate Interlocal Fire Impact Fee
Reconciliation Agreement which is being presented to the Board for consideration and approval as
a companion to this item.
The direct fiscal impact to Collier County is $683.01 to be paid by Ochopee Fire Control and
Rescue District and $14,610.91 to be received by Isles of Capri Fire Control and Rescue District.
The chart below details the administrative fees that were paid to Collier County by the Fire
Districts, in accordance with the executed Interlocal Agreements, calculated for the funds that the
Districts received in error. This information is also included as part of the attached Agreement.
Fire District
Amount Overpaid
Administrative Fee
Administrative Fee Paid
Big Corkscrew
$63,449.70
1.5%
$951.75
East Naples
90,380.33
1.5%
1,355.70
Golden Gate
167,067.75
1.0%
1,670.68
Immokalee
358.40
1.0%
3.58
North Naples
330,357.30
1.5%
4,955.36
TOTAL
$8,937.07
The Administrative Fees related to the assessment and collection of Fire Impact Fees for the
Districts were deposited into the Community Development and Environmental Services Fund 113
during the specified time period. Staff and the County Attorney's Office recommend that the
Administrative Fees above be refunded to the specified Districts, as provided in the attached
Agreement. The funds are available within Fund 113 to facilitate this request and will be refunded
-' to the appropriate Fire Districts within 30 days of the payment by the Districts of the net
overpayments, detailed above, and in accordance with the provisions of the Agreement.
Agenda Item No. 16A7
July 22, 2008
Page 3 of 16
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: 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 Big Corkscrew Island Fire Control and Rescue District, the East Naples Fire
Control and Rescue District, the Golden Gate Fire Control and Rescue District, the Immokalee
Fire Control District and the North Naples Fire Control and Rescue District in order to correct the
erroneous payment of Fire Impact Fees by the County and Administrative Fees collected related to
those erroneous payments.
Prepared by: Amy Patterson, Impact Fee/Economic Development Manager
Business Management and Budget Office, CDES
Agenda Item No. 16A7
July 22, 2008
Page 4 of 16
INTERLOCAL FIRE IMPACT FEE
RECONCILIATION AGREEMENT
THIS INTERLOCAL FIRE IMPACT FEE RECONCILIATION 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 North Naples Fire Control
and Rescue District, Golden Gate Fire Control and Rescue District, Big Corkscrew Island Fire
Control and Rescue District, Immokalee Fire Control District, and East Naples Fire Control and
Rescue District, hereinafter collectively referred to as the "Fire Districts." Additionally, this
Agreement addresses certain interests pertaining to the Ochopee Fire District and the Isle of
Capri Municipal Rescue and Fire Services Taxing District, hereinafter referred to as the
"Dependent Fire Districts"
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 Fire Districts are independent special fire control and rescue districts
created and existing under the laws of the State of Florida, which have 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 has authorized the Fire Districts 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, the Collier County Board of County Commissioners serves as the governing
body for the Dependent Fire Districts; and
WHEREAS, the County has entered into the following Interlocal Agreements whereby the
County has agreed to assist and cooperate in the collection and distribution of Fire Impact Fees
imposed within each District's jurisdictional boundaries:
1. North Naples Fire Control and Rescue District dated September 25, 1990;
2. Golden Gate Fire Control and Rescue District dated January 16, 1990;
3. Big Corkscrew Island Fire Control and Rescue District dated December 13, 2005;
Page 1 of 11
Interlocal Fire Impact Fee Reconciliation Agreement
Agenda Item No, 16A7
July 22, 2008
Page 5 of 16
4. Immokalee Fire Control District dated February 21, 2002; and
5. East Naples Fire Control and Rescue District dated September 25, 1990.
WHEREAS, the Interlocal Agreements between the County and the Fire Districts also
provide for payment of administrative fees to the County based on a percentage of the impact
fees collected; and
WHEREAS, the Interlocal Agreements between the County and the Fire Districts contain a
hold harmless provision regarding the County holding the Fire Districts harmless in specified
circumstances from liability resulting from the negligence of the County in the collection and
payment of impact fees; and
WHEREAS, between the dates of April 15, 1997 and January 24, 2006, the County, in its
administration of the Interlocal Agreements addressing the Fire Districts, misread the
jurisdictional boundaries and misdirected certain Fire Impact Fees; and
WHEREAS, in a similar fashion, during this time period, the County received and
erroneously applied Fire Impact Fees affecting the City of Marco Island and the Dependent Fire
Districts; and
WHEREAS, the Fire Districts believe that they are not required to refund the erroneously
paid Fire Impact Fees as the mistakes occurred as a result of the actions of the County; and
WHEREAS, the Fire Districts are entering into this Agreement out of a spirit of
cooperation, not as a result of any negligence on their part, in order to avoid potential litigation
regarding the erroneously paid Fire Impact Fees; and
WHEREAS, the County and Fire Districts desire to reconcile and effectuate the correct and
proper allocation of Fire Impact Fees to the Fire Districts, Dependent Fire Districts and the City
of Marco Island consistent with the Interlocal Agreements referenced here above and consistent
with the Laws of Florida and Collier County; and
WHEREAS, this Agreement is intended to address all erroneously paid Fire Impact Fees
up until the effective date of this Agreement; and
WHEREAS, the misdirected Fire Impact Fees resulted in an incorrect application of
administrative fees to the County, which the Fire Districts believe must be returned by the
County to the appropriate Fire District.
Page 2 of 11
Interlocal Fire Impact Fee Reconciliation Agreement
Agenda Item No. 16A7
July 22, 2008
Page 6 of 16
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 Fire
Districts 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 the following net overpayments:
North Naples Fire Control and Rescue District $259,929.67
hnmokalee Fire Control District $ 358.40
Ochopee Fire District $ 683.01
3. North Naples Fire Control and Rescue District shall pay $259,929.67 to the Collier
County Board of County Commissioners (tendered to the Business Management and Budget
Office of the Community Development and Environmental Services Division) no later than thirty
(30) days from the effective date of this Agreement, and said sum shall be applied to the full
reconciliation and proper re- allocation of Fire Impact Fees to the Fire Districts, Dependent Fire
Districts and the City of Marco Island.
4. The hnmokalee Fire Control District shall pay $358.40 to the Collier County Board
of County Commissioners (tendered to the Business Management and Budget Office of the
Community Development and Environmental Services Division) no later than thirty (30) days
from the effective date of this Agreement, and said sum shall be applied to the full reconciliation
and proper re- allocation of Fire Impact Fees to the Fire Districts, Dependent Fire Districts and
the City of Marco Island.
5. The Ochopee Fire District shall pay $683.01 to the Collier County Board of County
Commissioners (tendered to the Business Management and Budget Office of the Community
Development and Environmental Services Division) no later than thirty (30) days from the
effective date of this Agreement, and said sum shall be applied to the full reconciliation and
proper re- allocation of Fire Impact Fees to the Fire Districts, Dependent Fire Districts and the
City of Marco Island.
Page 3 of I 1
Interlocal Fire Impact Fee Reconciliation Agreement
Agenda Item No. 16A7
July 22, 2008
Page 7 of 16
6. The County shall deliver the payments referenced in sections 3, 4 and 5 here above,
to the Clerk for administration consistent with this Agreement and disburse said funds within
fifteen (15) days of receipt of the funds from the Fire Districts and Dependent Fire District as
follows:
East Naples Fire Control and Rescue District $ 34,066.02
Big Corkscrew Island Fire Control and Rescue District $ 77,086.40
Golden Gate Fire Control and Rescue District $ 128,059.95
Isle of Capri Municipal Rescue and Fire Services Taxing District $ 14,610.91
City of Marco Island $ 7,147.80
If one of the governmental entities fails to make the required payment, the funds shall be
distributed on a pro -rata basis within the time period provided for distribution. The Fire Districts
shall not be charged a collection fee for the distribution of these funds and shall receive such
amounts provided for above.
7. The County shall refund collection fees associated with the erroneous allocations of
Fire Impact Fees from County Fund #113 within thirty (30) days of receipt of payment by the
Fire Districts and Dependent District as follows:
East Naples Fire Control and Rescue District $1,355.70
Big Corkscrew island Fire Control and Rescue District $ 951.75
Golden Gate Fire Control and Rescue District $1,670.68
North Naples Fire Control and Rescue District $4,955.36
Immokalee Fire Control District $ 3.58
Refund of the collection fees shall occur regardless of whether payment has been made pursuant
to section 6. However, no refund shall be paid to a party that failed to make payment pursuant to
sections 3, 4 and 5 until such time as the required payment is made. The Fire Districts shall not
be charged a fee for the distribution of these funds and shall receive the total amount provided
for above.
8. All parties acknowledge and agree that the above disbursements and refunds will
fully reconcile and properly re- allocate the Fire Impact Fees erroneously allocated between the
dates of April 15, 1997 and January 24, 2006. All parties also acknowledge and agree that the
Fire Districts shall be released from any and all liabilities, if any, arising from the disbursement
Page 4 of 11
Interlocal Fire Impact Fee Reconciliation Agreement
Agenda Item No. 16A7
July 22, 2008
Page 8 of 16
of any erroneously allocated Fire Impact Fees paid from January 24, 2006 to the effective date of
this Agreement.
9. Except as provided herein, the aforementioned Interlocal Agreements between the
County and the Fire Districts remain in full force and effect. Nothing within this Agreement
shall be construed to eliminate or amend the hold harmless provision within the Interlocal
Agreements.
10. The County shall record this Agreement at its sole cost in the Public Records of
Collier County.
11. This Agreement shall become effective upon its execution by the County and the
Fire Districts and its recording in the Official Records of Collier County, Florida. The parties
acknowledge that this Agreement may be executed on different dates by the parties.
Accordingly, this Agreement shall only become effective on the date it is signed by the last party
to execute the Agreement. However, if one or more Fire Districts elects not to execute this
Agreement by September 30, 2008, this Agreement shall be effective as it relates to the
remaining parties. If the County elects not to execute this Agreement by September 30, 2008,
_ this Agreement shall be null and void.
Page 5 of 1 I
Interlocal Fire Impact Fee Reconciliation Agreement
Agenda Item No. 16A7
July 22, 2008
Page 9 of 16
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
DATE:
ATTEST:
DWIGHT E. BROCK, Clerk
0
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
FOR THE COUNTY AND
THE DEPENDENT FIRE DISTRICTS:
BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
(THE GOVERNING BOARD OF THE OCHOPEE
FIRE DISTRICT AND THE ISLE OF CAPRI
MUNICIPAL RESCUE AND FIRE SERVICES
TAXING DISTRICT)
LE
Of
TOM HENNING, CHAIRMAN
Page 6 of 11
Interlocal Fire Impact Fee Reconciliation Agreement
WITNESSES:
Signature
Printed Name
Signature
Printed Name
Agenda Item No. 16A7
July 22, 2008
Page 10 of 16
BOARD OF COMMISSIONERS, NORTH
NAPLES FIRE CONTROL AND RESCUE
DISTRICT
M
I. Christopher Lombardo, Chairman
Date:
Page 7 of 1 I
Interlocal Fire Impact Fee Reconciliation Agreement
WITNESSES:
Signature
Printed Name
Signature
Printed Name
Agenda Item No. 16A7
July 22, 2008
Page 11 of 16
BOARD OF COMMISSIONERS, GOLDEN
GATE FIRE CONTROL AND RESCUE
DISTRICT
M
Charles McMahon, Chairman
Date:
Page 8 of 1 I
Interlocal Fire Impact Fee Reconciliation Agreement
Agenda Item No. 16A7
July 22, 2008
Page 12 of 16
WITNESSES: BOARD OF COMMISSIONERS, BIG
CORKSCREW ISLAND FIRE CONTROL AND
RESCUE DISTRICT
Signature
Printed Name
Signature
Printed Name
Paul M. Plamondon, Chairman
Date:
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Interlocal Fire Impact Fee Reconciliation Agreement
Agenda Item No. 16A7
July 22, 2008
Page 13 of 16
WITNESSES: BOARD OF COMMISSIONERS,
IMMOKALEE FIRE CONTROL DISTRICT
Signature
By:
Printed Name
Signature
Printed Name
Edward R. Oleski, Chairman
Date:
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Interlocal Fire Impact Fee Reconciliation Agreement
Agenda Item No. 16A7
July 22, 2008
Page 14 of 16
WITNESSES: BOARD OF COMMISSIONERS, EAST
NAPLES FIRE CONTROL AND RESCUE
DISTRICT
Signature
Printed Name
0
Thomas G. Cannon, Chairman
Signature
Printed Name
Date:
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Interlocal Fire Impact Fee Reconciliation Agreement
Page 1 of 2
Agenda Item No. 16A7
July 22, 2008
Page 15 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16A7
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 Big Corkscrew Island Fire Control and Rescue District.. the East Naples Fire
Control and Rescue District, the Golden Gate Fire Control and Rescue District. the
Immokalee Fire Control District and the North Naples Fire Control and Rescue District in
order to correct the erroneous payment of Fire Impact Fees by the County and Administrative
Fees collected related to those erroneous payments. (This item is a companion to Item 16A6)
Meeting Date: 7/22/2008 9. D0:00 AM
Prepared By
Amy Patterson
Impact Fee Manager
Date
Community Development 8
Financial Admin. &Housing
71712008 11;31:37 AM
Environmental Services
Approved By
Judy Puig
Operations Analyst
Date
Community Development &
Community Development &
71712006 12:45 PM
Environmental Services
Environmental Services Admin.
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/712008 2:27 PM
Approved By
Community Development &
Joseph K. Schmitt
Environmental Services Adminstrator
Date
Community Development &
Community Development &
7/8/2008 4:40 PM
Environmental Services
Environmental Services Admin.
Approved By
Garrett Mullee
Financial Operations Manager
Date
Community Development &
Financial Admin. 8 Housing
7/912008 1:25 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 ManagemenUBudget Analyst
Date
County Manager's Office
Office of Management & Budget
7/912008 7:08 PM
Approved By
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Agenda Item No. 16A7
July 22, 2008
Page 16 of 16
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 711012008 12:51 PM
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