Preliminary Park Impact Fee Update-Part 2

Auguest 8th, 2012

The only reason I am writing this today is out of frustration. I am not getting any solid answers from our county on behalf of questions submitted pertaining to impact fees. The latest I have received was the County's Consolidated Impact Fee Ordinance, the numbers of Unincorporated and Incorporated Funds collected for Parks and Recreation, and Park Impact Fee Project Report going back to 2003. I am thankful Steve Carnell sent them.

I have repeatedly asked for the breakdown of Regional vs Community parks impact fees for district 5. In a sense, it looks as though they have commingled these funds which I feel legally should not be the case. And what really gets me is the numbers sent. Those two Unincorporated and Incorporated Fund amounts Steve sent, don't even match the actual Collier County Impact Fee Revenue. Those numbers will be at the bottom of this blog and all documents I talk about on here can be found under My

Thoughts Exactly by Annette Kniola on Facebook under Docs.

If this is your first time reading, you may need to go back to the beginning two blogs. The first called Park Impact Fee Request wrote June 16th and the second called Preliminary Park Impact Fee Update, dated July 5th. This can give you a better feel of what I am talking about today. I am basically looking into park impact fees that were paid by District 5 over the past decade. That total was $23 million in regional and community park impact fees. I am working diligently to getting the Big Corkscrew Island Regional Park built for the Estates community. We are next in line. But in order to do so, I want to know where all of this money went, because basically, it's all gone. And we need an additional $10.5 million
more for this park to even exist.
As of now, the latest on this subject is as follows. Mind you, these questions were asked to Leo Ochs almost 6 weeks ago. The whole impact fee work that I have been doing has been going on for many months. And here I thought it would be so simple.

Before I get to the questions to Leo, Steve Carnell did send the Unincorporated and Incorporated Impact Fee Fund amounts along with Impact Fee Projects for Parks and Recreation. The Impact Fee Projects report does show the year, the fund, and the project which is a bit helpful. But it does not identify the fund through which they were paid, only through codes 345, 346, and 368. I have since emailed Steve on those fund codes.

Questions to Leo:
1.Regional parks impact fees collected by impact fee district for unincorporated Collier county. (Like Us)
2.Regional parks impact fees collected by impact fee district for incorporated
Collier county. (City of Naples, Marco Island, Everglades City)
3.Community parks impact fees collected by impact fee district for unincorporated Collier county.
4. Community parks impact fees collected by impact fee district for incorporated Collier county.
5. Regional parks expenditures by project paid for by impact fees identified by impact fee district source for unincorporated Collier county and for incorporated Collier county.
6. Community Parks expenditures by project paid for by impact fees as identified by impact fee district source for unincorporated Collier county and for incorporated Collier county.

Can Leo Ochs either admit the funds were commingled and I can get on with it, or if these breakdowns do exist (which according to ordinances they should), then give them to me. Does the county not want to admit it? Did they go somewhere they were not supposed to go?

Steve Carnell also wrote that parks impact fees are collected in accordance with Chapter 74 of the prevailing Consolidated Impact Fee Ordinance. His email read that the existing ordinance does not direct that impact fees collections are to be segregated between community and regional parks. The only authorized segregation of these impact fees that he is aware of is found under Sec. 74-203(a)(3) of the ordinance (page 27 of the enclosed), which calls for the establishment of two separate trust funds; 1) to track fees from development within incorporated cities and 2) to track fees from development in the unincorporated area respectively.

That page 27 reads this under Use of Funds:
(3) Parks and recreational: The county hereby establishes or reaffirms the establishment of two separate trust funds, one entitled "Regional Park Impact Fee Trust Fund" (into which the portion of the impact fee allocated to parks and recreational services paid by development located in municipalities within the county will be deposited), and a second entitled "Unincorporated Park Impact Fee Trust Fund" (into which the portion of the impact fee allocated to parks and recreational services paid by development located in the unincorporated areas of the county will be deposited)
Portions? Where does the rest of it go? See, this just keeps getting harder and harder.

Okay, so the two funds Steve sent, (Unincorporated and Incorporated Impact Fee Fund),neither states that they are the Regional Park Impact Fee Trust Fund as page 27 states. Or is that supposed to be the Incorporated Fund Impact Fee Fund? Ugh! So messy.

Again, I also want to reiterate what Parks and Rec Impact Fee Final Report of 2009 states. It reads to ensure that new growth is receiving direct benefit from the parks and recreation impact fee, the impact fee for regional parks is developed on a countywide basis and is charged to all new development throughout Collier County while the impact fee for community parks is charged only to development within the unincorporated county.

This tells me that the regional and community impact fees should be broken down from these two trust funds so we can ensure growth for us in District 5. Right?

Am I missing something here?

Then I go on to read more on this Consolidated Impact Fee Ordinance report Steve sent under section 74-203 Use of Funds just under (a)(9) on page 27:
-Each of these impact fee trust funds shall be maintained separate and apart
from each other and from all other funds of the county. Each fund shall
account for all collections, revenues and expenditures, and shall be
regularly reported to the board of county commissioners. The portion of
the impact fee allocated to each public facility under sections 74-302 through 74-311, inclusive, shall be deposited into the corresponding impact fee trust fund immediately upon receipt. Each of the foregoing impact fee trust funds shall be further separated or divided based upon benefit districts established pursuant to the respective sections 74-302 through 74-311. No impact fee in any trust account shall be loaned to any other impact fee trust account, but may be utilized in adjacent.

Did you catch that? It said each fund shall account for all collections, revenues and expenditures and shall be regularly reported. Hello......it's right there in black and white. Is this what the codes from

Steve I am looking for? Am I getting closer? But if there are two funds set up for impact fees, why are there three codes? So confusing.

Then it goes on to read that each of the foregoing impact fee trust funds shall be further separated or divided based upon benefit districts. Yes, yes! That's the questions I am asking! Again, it's all there in black in white! Separated and divided! Benefit districts!

Am I the only one who gets it here? Does this not make sense? And as a taxpaying citizen of Collier County, I have every right to requests made. So I ask again, answer the questions.
I will end this with the comparison of Unincorporated and Incorporated Impact Fee funds sent by Steve compared to the actual Impact Fee Revenue Report the county has. (This will raise a few eyebrows) I took the County's and subtracted Steve's. The totals that Steve sent -vs- the total of the County Impact

Fee Revenue Report should match, correct? Well, they don't.
Steves:
Fiscal Year Unincorporated Area/ Incorporated Area Impact Fees
2003= $6,394,100/ $281,600 Total= $6,675,700
2004= $11,371,300/ $459,700 Total= $11,831,000
2005= $8,197,800 / $361,100 Total= $8,558,900
2006= $8,241,800 / $253,400 Total= $8,495,200
2007= $6,531,700 / $138,600 Total= $6,670,300
2008= $2,538,500/ $164,700 Total= $2,703,200
2009= $2,192,300/ $42,100 Total= $2,234,400
2010= $3,580,600/ $103,600 Total= $3,684,200
2011= $2,758,300/ $120,800 Total= $2,879,100
2012* $3,119,400/ $75,900 Total= $3,195,300

County's:
Fiscal Year Per Impact Fee Revenue Report
2003 Total = $6,812,243 Difference of $136,543
2004 Total = $11,839,653 Difference of $8,653
2005 Total = $8,650,634 Difference of $91,734
2006 Total = $8,435,886 Difference of (-) $59,314
2007 Total = $6,551,588 Difference of (-) $118,712
2008 Total = $2,452,028 Difference of (-) $251,172
2009 Total = $2,161,569 Difference of (-) $72,831
2010 Total = $3,671,269 Difference of (-) $12,931
2011 Total = $2,837,753 Difference of (-)$41,347

Shouldn't they match? Is anyone reconciling our money anymore? Maybe these are the "portions" stated on page 27 under Use of Funds?

And you wonder why I get frustrated. Thoughts or ideas please.

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