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Agenda 05/27/2008 Item #16A 9 Agenda Item No, 16A9 May 27, 2008 Page 1 of 6 EXECUTIVE SUMMARY That the Board of County Commissioners provide direction to the County Attorney and the County Manager (or his designee) to advertise an amendment to the CoIlier County Consolidated Impact Fee Ordinance, for consideration at the next available regular meeting of the Board of County Commissioners, 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 OBJECTIVE: Staff is seeking direction from the Board of County Commissioners (Board) to advertise an amendment to the Collier County Consolidated Impact Fee Ordinance, which is Chapter 74 of the Collier County Code of Laws and Ordinances, for consideration at the next available regular meeting of the Board of County Commissioners, to remove an obsolete reference to the Capital Improvement Element (CIE) 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. 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 bc used on "projects not contained in the County's 5-year CIE." The Annual Update and Inventory Report (AUIR) 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 specitically provides that "revenue derived from the impact fee shall be utilized only for capital improvements and additions to the public facilities which are reasonably deternlined 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 infonnation 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 and are requesting that the Board direct the County Attorney and the County Manager (or his designee) to advertise the amendment to the Collier County Consolidated Impact Fee Ordinance for consideration at the next available rcgular meeting of the Board of County Commissioners. Agenda Item t,o, 16A9 May 27, 2008 Page 2 of 6 FISCAL IMPACT: The cost of the legal advertisement will be paid from funds budgeted in the Impact Fee Administration cost center of Fund 131 for legal advertising. GROWTH MANAGEMENT IMPACT: Impact tees 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 growth. LEGAL CONSIDERATIONS: This request aTises 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 expenditurc that would be classified as a maintenance or repair expense, nor shall thev be used on improvement proiects not included in the county's five-vear ClE." Since the dependent fire districts are now considered a Category B facility, their capital improvement projects, which should otherwise qualify for payment tlrrough impact fees, could not so qualify as they will no longer be listed in the County's 5 year ClE. 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 direct the County Attorney and the County Manager (or his designee) to adveliise an amendment to the Collier County Consolidated Impact Fee Ordinance, which is Chaptcr 74 of the Collier County Code of Laws and Ordinances, for consideration at the next available regular meeting of the Board of County Commissioners, to remove an obsolete reference to the Capital Improvement Element (CIE) 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. Prepared by: Amy Patterson, Impact Fee and Economic Development Manager Business Management and Budget otIke, CDES ---. Item Number: Item Summary: Meeting Date: Page 1 of2 Agenda :tem No. 16A9 May 27, 2008 Page 3 of6 COLLIER COUNTY SOARD OF COUNTY COMMISSIONERS 16A9 That the Board of County Commissioners pmvlde direction to the County Attorney and the County Manager (or his designee) to advertise an amendment to the Collier County Consolidated Impact Fee Ordinance, for consideration at the next available regular meeting of the Board of County Commissioners, 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 5127/200890000 AM Prepared By Amy Patterson Community Development & Environmental Services Impact Fee Manager Date Financial Admin. & Housing 5181200810:00:59 AM Approved By Jeff Klatzkow County Attorney Assistant County Attorney Date County Attorney Office 5131200810:17 AM Approved By r. Judy PUIg Community Development & Environmental Services Operations Analyst Date Community Development & Environmental Services Admin. 5/12120082:13 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 5114120087:37 PM Approved By Garrett Mu!lee Community Development & Environmental Services Financial Operations Manager Date Financial Admin. & Housing 5/15(200811:01 AM Approved By OMS Coordinator County Manager's Office OMS Coordinator D<lte Office of Management & Budget 5!15!2008 3:24 PM Approved By Susan Usher C'--. County Manager's Office Approved By Leo E. Ochs, Jr. Senior Management/Budget Analyst Date Office of Management & Budget 5tiS/200B 4:13 PM Deputy County Manager Date file://C:\AgendaTest\Exnort\ 1 OR-Mav%2027.%20200R\ lli,o;,,20(:ONSENT%20AGENDA \ 1,,, S/21/200R Board of County Commissioners County Manager's Office 5/17/200811 :36 AM file:I/[,:IAgenoeTestIFxnortl1 OR-Mev%/0770I.,70700RI l/iol.,20CONSFNT%20A(,FND!\ 11, Page 2 of2 Item No. 13A9 I\':ay 27. 2Cl08 Page 4 of 6 'i/21 !200R Agenda Item No, 161\9 May 27, 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 has used impact fees as a funding source for growth-related capital improvements for various facilities since 1978; and WHEREAS, on Man;h 13, 2001, the Board of COWlty Commissioners adopted Ordinance No. 2001-13, the Collier COWlty Consolidated Impact Fee Ordinance, repealing and superseding all of the COmIty's then existing impact fee regulations, and consolidating aU of the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier COWlty 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 AUIR is adopted annually by the Board of County Commissioners; and WHEREAS, the AUIR fonns the basis for the annual update of the Capital Improvement Element (CIE) for the Category "A" facilities; and WHEREAS, it has been identified by the COWlty 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 \\'HEREAS, the Impact Fee Ordinance provides that ''revenue derived from the impact fee shall be utilized only for capital improvements and additions to the public facilities which are reasonably determined to be caused by the impacts of new development" which provides the fee payers certainty in the use of the impact fee funds; and WHEREAS, the COWlty Attorney and the COWlty'S Impact Fee Consnltant recommend that the Board of County Corrunissioners amend the hnpact Fee Ordinance to remove the provisions for internal ordinance consistency. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COM.1\1ISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article IT, Impact Fees. Section 74-203, Use a/funds. subsection (c) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: r\ Section 74-203. Use of funds. ~teldisadded;EIFIlilillPllllghlex.tisdeleted Aoenos :tem lh 16A9 ~ !hy 27. 2008 Page 6 of 6 ... (c) Impact fee trust funds shall not be used for any expenditure that would be classified as a maintenance or repair expense, Her sRall tall:" Be l:l:5Ba 68 EHJ3FSnsmeftt prej 86t6 BSt iBehiase in I:he eeW1~Y'5 five )flaf CIE. ... 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 or portion ofthis 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 holding shall not affect the validity of the remaining portions. SECTION THREE. INCLUSION IN THE CODE OF LAWS AJ\'D 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 tlle Board of County Commissioners of Collier County, Florida this _ day of , 2008. ATIEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: TOM HENNING, CHAIRMAN . Deputy Clerk Approved as to fonn and e s ency: Ullih;rl\n~.d text is added; l:1 ' "-r8 "g\1ley~ is del~:ed Pnge2of2