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FF,- <br />+moi <br />8 F,tin 98 r, <br />QpTR BOARD OF COUNTY COMMISSIONERS <br />1840 25th Street, Vero Beach, Florida 32960 <br />Telephone: (305) 567-8000 <br />Suncom:224-1425 <br />April 18, 1988 <br />Mayor Marion Turner <br />P.O. Box 38 <br />Fellsmere, FL 32958 <br />Re: Traffic Impact Fee Ordinance <br />Dear Mayor Turner: <br />CHARLES P. MUNAL. <br />CawidAfanq <br />WILLIAM G. COLLINS 11 <br />AnL Cower Allwmr <br />SHARON PHILLIPS BRENNAN <br />AnL Goudr AUO nwr <br />You indicated to me in our phone conversation of last <br />Friday that the Town of Fellsmere had resolved some months <br />ago not to collect traffic impact fees for the County under <br />the County's °Fair Share Roadway Improvements Ordinance.° <br />This ordinance.assesses an impact fee on all new development <br />within the County in order to establish a fund for needed <br />capital improvements to the Collector Roadway System which <br />the County Ps -responsible for providing. The Collector <br />Roadway System Includes roads that connect Fellsmere with <br />the rest of -the County as well as main transportation <br />corridors through Fellsmere which are the responsibiJity.of <br />the County as°.part of -the County road system. <br />This ordinance is ibpllcabie to development within the <br />town of Fellsmere as long as it does not conflict with a <br />municipal ordinance. (See Florida Constitution, Article <br />Vill, Section 1(f)). 1 take this to mean that Fellsmere <br />should pass an ordinance opting out of the County's Fair <br />Share Roadway Improvements Ordinance, if it does not wish to. <br />-"= collect impact fees. I understand from our conversation <br />s=:�.... that the Town perceives street paving to be the real need in <br />Fellsmere, and County impact fees don't address that need. <br />You also expressed concern for a negative effect. on low <br />income housing projects, in the Town. <br />The purpose of this letter .,is to alert you to the <br />effect of the Town of Fellsmere opting out of the- County <br />wide ordinance. I understand that there may be some feeling <br />that impact fees collected by the City should be spent on <br />City projects. You may be aware that court cases allow <br />Impact fees to be spent only on new Capital Improvement <br />Projects such as new roadways and expanded capacity_for old <br />roadways that are required by the new growth which is being <br />assessed the impact fee. Impact fee funds,can not be used <br />_ for maintenance and operation purposes which are funded <br />through ad valorem revenues. If Fellsmere Intends to setup <br />Its own impact fee system, it should be aware of this <br />limitation on the expenditure of those funds. Unless street <br />paving could be tied to needed capacity expansion on unpaved <br />roads related to new development, it is unlikely that <br />"traffic impact fees collected by the Town could be spent to <br />pave dirt roads. The Town should also be aware that the <br />funds the County collects in the Feilsmere.area are budgeted <br />for expenditure within six (6) years on the collector road <br />system in the Fellsmere area, including collector roads <br />which transect the town. The effect of opting out of the <br />county wide ordinance would be to reduce the funds available <br />..to provide needed improvements to the capacity of county <br />collector roads in the Fellsmere area. <br />The County would offer to make ourselves available to <br />discuss with you and any Town officials the Impact Fee <br />situation as it relates to Fellsmere. <br />Yours truly, <br />Ll C61-1 <br />William G. Collins 11 <br />Assistant County Attorney <br />10 <br />