Agenda 06/24/2008 Item #17F
Agenda Item No. 17F
June 24, 2008
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopt an amendment to
the Collier County Consolidated Impact Fee Ordinance to remove an obsolete
reference to the Capital Improvement Element in the "Use of Funds" provisions in
order to maintain the internal consistency of the ordinance, as recommended by the
County Attorney and consistent with the prior direction of the Board of County
Commissioners
OBJECTIVE: That the Board of County Commissioners (Board) adopt an amendment
to the Collier County Consolidated Impact Fee Ordinance to remove an obsolete
reference to the Capital Improvement Element in the "Use of Funds" provisions (Section
74-203) in order to maintain the internal consistency of the ordinance, as recommended
by the County Attorney and consistent with the prior direction of the Board of County
Commissioners,
CONSIDERATIONS: While researching a query on the use of impact fees for a
proposed capital improvement, it was identified by the County Attorney and staff that an
obsolete provision exists within the Collier County Consolidated Impact Fee Ordinance
related to the use of impact fee funds, The provision is contained under section 74-203 (c)
provides that funds shall not be used on "projects not contained in the County's 5-year
CIE,"
,'-
The Annual Update and Inventory Report (AUlR) identifies the capital facilities needs
for public facilities over a 5-year time period for both Category "A" (Transportation,
Water, Sewer, Solid Waste. Drainage Canals and Structures and Parks) and Category "B"
(Correctional Facilities, Emergency Medical Services, Government Buildings, Law
Enforcement. Library and Dependent Fire) Public Facilities and is adopted annually by
the Board of County Commissioners, The AUIR also forms the basis for the annual
update of the Capital Improvement Element (CIE) for the Category "A" facilities,
The Consolidated Impact Fee Ordinance specifically provides that "revenue derived from
the impact fee shall be utilized only for capital improvements and additions to the public
facilities which are reasonably detern1ined to be caused by the impacts of new
development" which provides the fee payers certainty in the use of the impact fee funds,
Based upon the information above, the County Attorney and the County's Impact Fee
Consultant recommend that the Impact Fee Ordinance be amended to remove the
obsolete provision, which will provide for internal ordinance consistency, Staff and the
County Attorney have prepared the attached Ordinance amendment to address this issue,
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On May 27,2008 the Board directed that the County Attorney and the County Manager
(or his designee) prepare and advertise the required amendment to the Collier County
Consolidated Impact Fee Ordinance for consideration at the next available regular
meeting of the Board of County Commissioners,
!',aenda Item No. 17F
- June 24, 2008
Page 2 of6
FISCAL IMPACT: This amendment to the Collier County Consolidated Impact Fee
Ordinance provides for a technical change that is requircd in order to provide internal
ordinance consistency, There is no change to the requirement for impact fees to be
assessed to provide funds to offset the cost of providing new or expanded capital facilities
necessitated by grO\vth, Impact fees are not permitted to be collected in excess of the
demand reasonably anticipated to be generated by new development.
GROWTH MANAGEMENT IMPACT: Impact fees provide financial resources for
the construction and/or expansion of the County's capital infrastructure, as necessary to
accommodate growth, Development is required to contribute its fair share of the cost of
providing public facilities necessitated by such growth,
LEGAL CONSIDERATIONS: This request arises out of a query by one of the
dependent fire districts as to whether impact fees could be used for a particular
contemplated capital improvement.. While researching the issue. I noted that the
Consolidated Impact Fee Ordinance specifically provides that "Impact fee trust funds
shall not be used for any expenditure that would be classified as a maintenance or repair
expense, nor shall thev be used on improvement projects not included in the countv's
five-vear CIE," Since the dependent fire districts are now considered a Category B
facility, their capital improvement projects, which should otherwise qualify for payment
through impact fees. could not so qualify as they will no longer be listed in the County's
5 year CIE, Since the underlined language is not even remotely necessary to the
functionality of the Impact Fee Ordinance, it is the recommendation from this Office that
this obsolete language be deleted, thereby allowing Category B capital improvement
projects to utilize impact fees, -JAK
RECOMMENDATION: That the Board of County Commissioners adopt an
amendment to the Collier County Consolidated Impact Fee Ordinance to remove an
obsolete reference to the Capital Improvement Element in the "Use of Funds" provisions
in order to maintain the internal consistency of the ordinance, as recommended by the
County Attorney and consistent with the prior direction of the Board of County
Commissioners,
Prepared by: Amy Patterson, Impact Fee and Economic Development Manager
Business Management and Budget Office, CDES
Item Number:
Item Summary:
Meeting Date:
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Agenda Item No. 17F
June 24, 2008
Page 3 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17F
Recommendation that the Board of County Commissioners adopt an amendment to the
Collier County Consolidated Impact Fee Ordinance to remove an obsolete reference to the
Capital Improvement Element In the Use of Funds provisions in order to maintain the internal
consistency of the ordinance, as recommended by the County Attorney and consistent with
the prior direction of the Board of County Commissioners
6/24/2008 90000 AM
Prepared By
Amy Patterson
Community Development &
Environmental Services
Impact Fee Manager
Date
Financial Admin. & Housing
5/29/2008 3:56:37 PM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
5/30/200810:09 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
5/30/2008 1 :56 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
6/10/20088:30 PM
Approved By
Garrett Mullee
Community Development &
Environmental Services
Financial Operations Manager
Date
Financial Admin, & Housing
6/12/2008 3 :51 PM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
6/12/20084:02 PM
Approved By
Susan Usher
County Manager's Office
Senior ManagemenUBudget Analyst
Date
Office of Management & Budget
6/14/20085:38 PM
Approved By
James V. Mudd
Board of County
County Manager
Date
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Agenda Item No, 17F
June 24, 2008
Page 4 of 6
Commissioners
County Manager's Office
6/15/20086;12 PM
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Agenda Item No, 17F
June 24, 2008
Page 5 of 6
ORDINANCE NO, 2008-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
2001-13. AS AMENDED, KNOWN AS THE COLLIER COUNTY
CONSOLIDATED IMPACT FEE ORDINANCE; PROVIDING FOR A
TECHNICAL CORRECTION TO THE USE OF FUNDS PROVISIONS
BY DELETING AN OBSOLETE REFERENCE TO THE CAPITAL
IMPROVEMENT ELEMENT; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE,
WHEREAS, Collier County bas used impact rees as a funding source for growth-re1ated
capital improvements for various facilities since 1978; and
WHEREAS, on March 13. 2001, the Board of County Commissioners adopted
Ordinance No, 2001-13, the Collier County Consotidated lmpact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the "Code"); and
WHEREAS. the Annual Update and Inventory Report (AUIR) identifies the capital
facilities needs for public facilities over a five-year time period for both Category "A" and
Category "B" Facilities; and
WHEREAS, the ADIR is adopted annually by the Board of County Commissioners; and
WHEREAS, the AUIR foI1DS the basis for the annual update of the Capitallmprovement
Element (CIE) for the Category "A" facilities; and
WHEREAS, it has been identified by the County Attorney and staff that, based on the
above, an obsolete provision exists within the Collier County Consolidated Impact Fee
Ordinance regarding the use of funds for those projects contained in the County's five-year eIE;
and
'WHEREAS, the Impact Fee Ordinance provides that ''revenue derived from the impact
fee shall be utilized only for capital improvements and edditions to the public facilities which are
reasonably determined to be caused by the impacts of new dcvelopment" which provides the fee
payers certainty in the use of the impact fee funds; and
WHEREAS, the County Attorney and the County's Impact Fee Consultant recommend
that the Board of County Commissioners amend the Impact Fee Ordinance to remove the
provisions for internal ordinance consistency.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that:
SECTION ONE. Article II,lmpact Fees, Section 74-203, Use offUnds, subsection (c) of the
Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-203,
Use of funds.
J..!nlkrliru;4loltl is added; B~Jlll 1i1rE gh toxt isdeloted
Agenda Item No, 17F
June 24, 2008
Page 6 of 6
...
(c) Impact fee trust funds shall not be used for any expenditnre !bat would be classified
as a maintenance or repair expense, Bar shall the:, Be 1:Hlee. 9n imj3revefBsBt pFejeats Rat inehuiea
ia the ee8:Hfy's fi. e :} ear em.
.**
SECTION TWO, CONFLICT AND SEVERABILITY,
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law. the more restrictive shall apply. If any phrase arpartioD Dftlis Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such bolding shaH not affect the validity of the
remaining portions.
SECTION THREE, INCLUSION IN THE CODE OF LAWS AND ORDINANCES,
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered and internal cross-references amended throughout to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
SECTION FOUR. EFFECTIVE DATE,
This Ordinance shall become effective upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County. Flurida this _ day of , 2008,
ATTEST
Dwight E, Brock, Cterk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
TOM HENNING, CHAIRMAN
, Deputy Cterk
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