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Agenda 06/24/2008 Item #16A15 Agenda Item No. 16A 15 June 24, 2008 Page 1 of 4 EXECUTIVE SUMMARY Recommendation that the Collier County Board of County Commissioners affirm staffs interpretation of the proper disposition of revenue generated from the sale of CDES Fund 113 surplus goods, and provide direction to staff that all revenue generated from the surplus sale of such capital goods originally purchased within Fund 113 be returned to Fund 113 capital reserves OBJECTIVE: To have the Board of County Commissioners (BCC) affirm staffs interpretation for the disposition of surplus sale revenue, and provide guidance to staff that the revenue generated by the sale of surplus capital goods originally purchased by building permit fees within the Building Permit Fund 113 be returned to Fund 113 capital reserves. CONSIDERATION: Based on direction from the BCC, funds derived from the auction of surplus capital goods are deposited into General Fund 001. An auction of surplus goods conducted on March 29, 2008 included the sale of five building inspector vehicles which entered into surplus as the result of staff reductions within Community Development and Environmental Services (CDES). Following staff reductions, inspector vehicles were re-assigned among remaining staff so that those vehicles with the highest mileage were retired into surplus. These vehicles were originally purchased in full by funds generated by building permit fees, and the vehicles were exclusively used for the enforcement of the building code. Following auctioneer commissions, the vehicle auction's net revenue deposited into Fund 001 totaled $17,040. CDES staff believes that such funds should be returned to Fund I 13 capital reserves. Florida Statute section 553.80(7) relating to building permit fees states that "fees, and any fines or investment earnings related to the fees, shall be used solely for carrying out the local government's responsibilities in enforcing the Florida Building Code." Section 553.80(7)(a) states that "As used in this subsection, the phrase "enforcing the Florida Building Code" includes the direct costs and reasonable indirect costs associated with review of building plans, building inspections, reinspections, and building permit processing; building code enforcement; and fire inspections associated with new construction." This Statute section specifically prohibits fee revenue from funding "any program not directly related to enforcement of the Florida Building Code", and also prohibits the fee revenue funding of "other general government activities." No new vehicles have been purchased within the Building Department since February of 2007, and the majority of vehicles within this department are significantly older, dating back to 2003. No purchases were budgeted for FY 2008, and no purchases are in the proposed FY 2009 budget. Currently Building Department vehicles average in excess of 60,000 total miles, and by the end of next fiscal year more than one third of the CDES vehicle fleet is anticipated to exceed 100,000 total miles. This executive summary requests that the BCC direct staff to return the residual value of capital goods (as realized in surplus auctions), purchased by CDES under provisions of Florida Statute sections quoted in this request, to CDES capital reserves. Such returned funds will be used exclusively to purchase new capital goods for the enforcement of the building code at such time that building activity within the community begins to return to historically normal levels, or at such time as existing vehicles age beyond their usefulness. Agenda Item No. 16A 15 June 24, 2008 Page 2 of 4 At their June II, 2008 meeting the Development Services Advisory Committee (DSAC) endorsed this executive summary, and recommended by a vote of 10-0 that it be approved by the BCC. FISCAL IMPACT: This Executive Summary does not require, nor request, any increase in the current allocation of CDES operating or personnel expenses already approved by the BCC. If this request is approved, budgeted capital reserve levels will be amended as funds are transferred. As to any possible future expenditure of such funds realized from surplus goods, CDES will amend the budget as needed through the normal review and approval process. GROWTH MANAGEMENT IMPACT: There are no growth management impacts. LEGAL CONSIDERATIONS: This request has been reviewed by the Collier County Attorney's Office, and is legally sufficient for the Board of County Commissioners' consideration and approval. -JW RECOMMENDATION: To have the Board of County Commissioners (BCC) affirm staffs interpretation for the disposition of surplus sale revenue, and provide guidance to staff that the revenue generated by the sale of surplus capital goods originally purchased by building permit fees within the Building Permit Fund 113 be returned to Fund 113 capital reserves. PREPARED BY: Garrett Mullee, Manager CDES Business Management and Budget Office Item Number: Item Summary: Meeting Date: Page lof2 Agenda Item No. 16A 15 June 24. 2008 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A15 Recommendation that the Collier County Board of County Commissioners affirm staffs interpretation of the proper disposition of revenue generated from the sale of CDES Fund 113 surplus goods. and provide direction to staff that all revenue generated from the surplus sale of such capital goods originaJly purchased within Fund 113 be returned to Fund 113 capital reserves. 6/24/2008900:00 AM Prepared By Garrett Mullee Community Development & Environmental Services Financial Operations Manager Date Financial Admin. & Housing 6129/200812:22:28 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Approved By 6/6/2008 8:52 AM Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 6112/200812:09 PM Approved By Jeff Wright County Attorney Assistant County Attorney Date County Attorney Office 6/12/2008 1 :32 PM Approved By Garrett Mullee Community Development & Environmental Services Financial Operations Manager Date Approved By Financial Admin. & Housing 6/12/20083:47 PM OMS Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 6/12/2008 4:01 PM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 6113/200812:11 PM Approved By James V. Mudd Board of County County Manager Date file:l/C:\AgendaTest\Export\110-June%2024,%202008\16.%20CONSENT%20AGENDA\I... 6/18/2008 Page 2 of2 Agenda Item No. 16A 15 June 24, 2008 Page 4 of 4 Commissioners County Manager's Office 6116/20089:41 AM file://C:\AgendaTest\Export\ll 0-June%2024,%202008\16.%20CONSENT%20AGENDA \1... 6/18/2008