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BCC Minutes 04/08/1992 SNaples, Florida, April 8, 1992 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law. and having conducted business herein, met on this date at 5:05 P.M. in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Michael J. Volpe VICE-CHAIRMAN: Richard S. Shanahan Patricta A. Goodntght Max A. Hasse, Jr. (ABSENT) Burr L. Saunders ALSO PRESENT: Netl Dorrtll, County Manager; Kenneth Cuyler, County Attorney; Annette Guevtn and Kathy Meyers, Deputy Clerks; Stan Litsinger, Growth Management Director; Dennis P. Crontn, Assistant County Attorney; Frank Brutt, Community Development Services Administrator; Jennifer Plke, Assistant to the County Manager; George Archibald, Transportation Services Administrator; Margret Bowles, Growth Management Analyst; and Deputy Byron Tomlinson, Sheriff's Office. Page I ,% April 8, 1992 Commissioner Saundere wa~ ab~en~ as reflected by ~he 4/0 ~tH. lee XNTE~X~C~ A~t~NT BETIggEN LE~ COUNTY AND COLLXER COUNTY THE DEVELOPI~E~T O~ ~UTUAL C0~rP~EHENSXVE PLA~ CONCURRENC~ ~THX~ DE~GHATED BOUIqDAR~ AR~AS OP COLLXER AND LEE COUNTIES FUBLIC HN~RING TO BE HELD APRXL 22~ ~992 Legal notice having been published in the Naples Daily News on March 24, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an Interlocal Agreement between Lee County and Collier County regarding the develop- ment of Mutual Comprehensive Plan Concurrency Programs within dest~nated areas of Collier and Lee Counties. Commissioner Volpe recognized that this is the first of two sche- duled public hearings and that the second public hearing is scheduled for April 22, 1992 at 5:05 P.M., with a Law Enforcement Impact Fee Ordinance Workshop scheduled for 3:30 P.M. Margret Bowles, Growth Management Analyst, explained that this item is the Interlocal Agreement with Lee County regarding Mutual Concurrency Planning along the Lee/Collier border. She reviewed that the Board has discussed this at Joint Workshops with Lee County's Board of Commissioners on August, 1990 and April, 1991 and August, 1991. Ma. Bowles noted that during these workshops,' Lee and Collier Staff reported to the Board on the progress made to ensure mutual growth management planning and concurrency for adequate public facili- ties within a five mile area north of Lee County's southern border and a five mile area south of Collier County's northern adjoining border. She maintained that the Interlocal Agreement now before the Board is the same one which has been reviewed and approved for adoption during the last Joint workshop on August 29, 1991. Commissioner Volpe mentioned that final action will be taken at the second public hearing. Commissioner Shanahan ~oved, ~econded by Commlaatonmr ~asae and -03' Page 2 ,j cm~rl~ 4/00 to clole the public hearing. April S, 1992 I~BLIC ~RINH TO APPROVE AN ORDINANCE ESTABLISHING AN EDUCATIONAL FACILI~f~.~ ~ I~IPACT ~ - SECOND PUBLIC H~ARING TO BE H~LD 22, 1992 Legal notice having been published in the Naples Daily News on March 31, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an Ordinance establishing an Educational Facilities System Impact Fee. Dennis P. Crontn, Assistant County Attorney, introduced Randy Yo%Lng with Henderson, Young, who was retained to compile a study on the proposed imposition of an Impact fee for educational facilitie~. Mr. Cronin noted the following: a) Ordinarily when a waiver or a reimbursement is granted by the Board to an applicant who provides affordable housing, that Impact fee Is pa~d out of other funds by the Board of County Commissioners. Under this Ordinance, the Affordable Housing Provision states that the School Board will pay the impact fee. b) Another agreement is included in the Agenda Package which is an interlocal agreement between Collier County and the School Board. The School Board will be responsible for obtaining lnterlocal agreements with the City of Naples and Everglades City on their own terms. Mr. Crontn recalled that the Collier County Planning Commission after their review recommended that: the fee be collected at the time of the issuance of a certificate of occupancy, the schedule of fees be consolidated from three separate single family, multi-family, mobile home categories into one single residential category, and the number of bedrooms be the criteria used to establish the fee, the fees are to be implemented at approximately fifty percent of the capacity of authorized fees that are noted within the study, and the Ordinance is to adopt the proposed Affordable Housing standards. Randy Young, sen~or partner of Henderson, Young and Company, explained that the State legislature has not adopted laws guiding %he development of impact fees in Florida, so court cases must be used for a reference. He referred to the recent case known as the "St. John,3 Case" from St. Johns County, which the homebuilders challenged whether 000. : Page 3 April 8, 1992 it was legal to have impact fees levied by a county government. Me reported that the Florida State Supreme Court ruled that it is legal. Mr. Young advised the Board that the Study is consistent with the Fair Share Rule, which recommends that a house pay for the portion of new schools that it needs but not excluding the right of the school board to build schools that would solve current overcrowding. Mr. Young advised the Board that the Study is consistent with the Nexus Benefit Rule, which recommends that whenever an Impact fee ts established, a rational and objective connection must be made between the benefit that is received by the person paying the fee and the amount of the fee. He maintained that the data used for this is the number of school age children per household, which shows the rela- tionship between a household and the need for schools. In response to Commissioner Hasse, Mr. Young commented that the c~urts have ruled against the calculation of the rate on the basis of the actual number of children in a home at a particular time - the court found that this would constitute a tuition charge, a direct user fee, which would be in violation of the Florida Constitution which says that a uniform system must be provided for public schools. Be verified that instead, the average number of children can be used. Mr. Young advised the Board that the Study ts consistent with the Oredits Rule. He reviewed that construction must be investigated to find out if other monies will be paid for the same facilities as the impact fee is charged for, and if so a credit ~s required. Mr. Young began w~th Page 30 of the Study, and recited the steps within the formula to calculate the impact fee: Step 1: the cost of a new school and divided by the student capa- city, gives the cost of school on a per student basis; Step 2: the cost per student matched with the number of students tn a house: Step 3: the cost per house reduced for the credit calculation. Mr. Young presented a hypothetical example and calculated the impact fee for the Board, following the aforementioned steps. Mr. Young recited the followin9 as sources of revenue available to 000 : -05 Page 4 April 8, 1992 i' :, school districts for school construction throughout Florida including Collier County Schools and which Collier County receives: 1. Public Education Capital Outlay - money received by the State from levying a gross receipts tax on utilities. 2. Capital Outlay and Debt Service - money from Motor Vehicle Registrations sent to Tallahassee, ts taken by the State Government, put into a different account and sent back to local school districts. 3. Capital Improvement Tax - property tax, ad valorem millage charged by the school district. He noted that the lottery is not one of the sources for school construction aa the lottery money goes into the regular school operating account. In response to Commissioner Shanahan, Mr. Young confirmed that the potential sources to compensate for any shortfall would be to increase the millage, a voted bond ~ssue, or increase student volume within the classrooms. He reminded the Board that this Rate Study distin~ishes one rate for a single family home, one for multi-family, and a third rate for mobile homes, but the Board will make the ultimate decision. In response to Commissioner Volpe, Mr. Young verified that the capital costs over the next five years, 133 million dollars, will come from the School Board, based on the cost for a new school with infla- tion bxxilt in and based on enrollment data the School Board provided on the number of new students. Mr. Young clarified that the census data used in the Study is the 1980 census for the South Atlantic Region for the United States, as the 1990 census data for the number of those attending public schools has not been released. He added that once the 1990 census data is available, he will utilize it in the formula. Mr. Young surmised that the replacement of a structure with another structure does not constitute a net additional dwelling unit, therefore, there is no fee charged; what constitutes the basis for a fee is any construction activity that creates the net increase in the number of dwelling units. Mr. Young reported the following information: ffi 06 Page 5 April 8, 1992 a) There are ? counties in Florida that currently have impact fees - Broward, Citrus, Hernando, Hillsborough, Martin, St. Johns, St. Lucie, and Lake with rates from $135 up to $500. b) There are 6 additional counties that are actively considering school impact fees - Collier, Flagler, Orange, Osceola, Seminole and Volusia with recommended rates from $1,314 to $2,823. These have not been adopted yet. Mr. Young commented that the significant difference in rates bet- ween the counties is caused by the cost of school, the number of stu- dents per household, the amount of money received by state and also the local property tax. In response to Commissioner Volpe, Mr. Young confirmed that gas stations, convenience stores and retail shopping centers will not pay the school impact fee, and the Study proposes that only dwelling units be charged. Robert Wilson, Assistant Superintendent for Business Affairs for Collier County Public Schools, reported that the lottery dollars coming to Collier County Public Schools this year is approximately 5.8 m//lion dollars, which goes into the operating account only. He emphasized that those dollars are received, but then funds are removed from the FEFP funding formula. Mr. Nileon commented that by establishing a fixed mill and ~ capi- tal improvement tax, if the full impact fee is passed, the impact fee will still lag behind growth. It has been tentatively approved for 1.75 mills next year, then reduced to 1~ mills the following four years. County Manager Dorrill questioned how contributed land or land donations are factored in. Mr. Young explained that if someone would rather give a donation rather than caBh it would be off the rate structure. In response to County Manager Dorrill, Mr. Wilson explained that the impact fee as proposed and as studied by Mr. Young, deals with growth related issues only, so that approximately 50~ of the funds that are currently available through those 3 sources are applied to new construction which is not always growth construction. Page 6 ,.,, April 8, 3992 County Manager Dorrill questioned whether the 2 mills is a local discretionary millage or does any, or all, or part of that go to the State. Randy Young responded that the rate was established locally and all the money stays locally. Ta~e es County Manager Dorrill expressed that the Board needs to understand the allocation of the remaining 1~ mills to assure that in return for a very difficult vote on Imposing a school impact fee, this Board can assure the voters that the extent to which property taxes are going to be rolled back ts the maximum extent allowed, whale still meeting the other fixed and operating capital improvements. Mr. Wilson mentioned he could provide copies to the Board of the tentative Capital Plan. ese ~%-~ Clerk (h~evin replaced Deputy Clerk M~yere at 6:40 P.M. ese The following people spoke regarding this item: Jeff Fridkin Gary Hayes Kathryn Stephens Ross McIntosh Charlotte Westman Dick Siegel Kenneth Price Bill Ryan George Keller Nelson Faerber Cc~eai~ionax Sh~z~n ~,~d, seconded b~ Commissioner ~a~se ~ ca~l~ 4/0, to cl~ the ~blic hearing. Co~issioner Volpe referred to a request from the Collier Buildin~ Xndustry Association to reschedule the second public hearing. He Indicated the Board wall convene the scheduled second hearin~ on April 22nd, which will then be continued to a date yet to be decided. Co~issloner Shanahan shared h~s concern w~Th the cumulative effect of all impact fees at this time. Co~issioner Volpe reminded Board members that ~he ~ 1993 budge~ policy, which sta~es impact fees will be used to the maximum extent allowable by law, was adopted less ~han a month ago. He indicated clarification Is needed on the Board's budget policies, and discussion Is needed on the possibility of phasing in the fees as well as adding schools as an element of ~he Grgw~h Management Plan. Pa~e 7 April 8, 1992 There being no further busAness for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 8:30 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL · -'..' '.~" : f .%;. MICH%~KL J: VOLPE, CHAIRMAN ../~ese minute, a~oved by the ~ard on presented ~ or as corrected Page 8