HomeMy WebLinkAbout5/18/1995SPECIAL MEETING
Thursday, May 18, 1995
The Board of County Commissioners of Indian River County,
Florida, met in Special Session at the County Commission Chambers,
1840 25th Street, Vero Beach, Florida, on Thursday, May 18, 1995,
at 9:00 a.m. Present were Kenneth R. Macht, Chairman; Fran B.
Adams, Vice Chairman; Richard N. Bird; Carolyn K. Eggert; and John
W. Tippin. Also present were James E. Chandler, County
Administrator; Charles P. Vitunac, County Attorney; and Barbara
Bonnah, Deputy Clerk.
Chairman Macht called the meeting to order and turned it over
to Commissioner Eggert, coordinator of the policies and incentives
workshop, who presented today's agenda:
Board of County Commissioners
Agenda
Special Meeting/Workshop
Ma1s, 1995
T:00 a.m.
I Introduction - Eggert
II Utility Policies in Comprehensive Plan - Pinto 30-45 min.
A. Review of Policies
1. Capacity - Planning & Building for
B. Incentives for Economic Development & Affordable
Housing 30 min.
1. Paying Impact Fees at Building Permit (long form)
2. Base Facility Charges - when start
3. Use of Franchise Fees or other means to
a. Lower impact fees
b. Alternatives to utility deposit
4. Increased Use of Water Use Study to lower impact
fees - affordable housing - elderly
BREAK - 10 min.
MAY 189 1995
1 BOOK U5 pg;E j 0
BOOK 95 PAGE 111
III Strategy Plan - Eggert, Keating, Rohani _
A. Review of Strategic Actions 30 min.
B. Review of County Comparisons 10 min.
C. Incentives for Economic Development & Affordable
Housing
(For Discussion and Possih1 P F4i7-t-har
1. State Incentives 10 min.
* a. Sales and Use Tax Exemption
b. Training Programs
c. Streamlines Permitting
d. Transportation Grants or Matching Funds
e. Pollution Control Incentives
f. Corporate Headquarters Location Tax
Incentive
* g. Target Industry Cluster Job Creation Tax
Incentive
2. Transportation - Eggert, Davis, Keating 25 min.
* a. Impact Fee Payment over 5 or 10 years
b. Reimbursement for Overcapacity Road Building
c. Lowering of impact fees
1) Establish capital fund
a) Current budget funds
b):- 5 -cent gas tax
c) bonding or other means
d. Increased use of traffic studies to lower
impact fees - affordable. housing -
elderly
e. Citrus Road
3. Local Incentives 25 min.
* a. Tax Abatement or Refund
* b. Job Grants Program (over 20 jobs) $1,000 ea.
c. Weekend Inspections
d. Relocation Assistance
* e. Employee Relocation Package
f. Spouse Employment Program
g. List of Teachers who are Foreign Language
Speakers
h. Capital Venture Resource List
i. Small Business Lending Pool
j. Sales and Use Tax Exemption - Personal
Property Tangible Tax
4. Other Matters _ 5 min.
a. System for public to repay SHIP funds
monthly
* fiscal impact possible
UTILITY POLICIES IN COMPREHENSIVE PLAN
Review of Policies
Utilities Director Terry Pinto reviewed the policies for
planning and building for capacity requirements with regard to
collection and distribution facilities and plant capacity. He
noted that, all in all,.Indian River County is in very good shape
as far as utilities are concerned.
2
MAY 189 1995
Objective 1 - Service Concurrent with
Development
By 1991, the county will have adopted land development regulations requiring
potable water service to be provided concurrent with development.
Level of Service Standards
• Equivalent Residential Unit of Capacity = 250 GPD
• Wellfreld capacity shall be the average daily use plus the largest well being
out of service.
• Storage tank capacity shall be at least 1/2 of the average daily consumption
volume.
• High service pump capacity shall at least be equal to the maximum daily
demand.
• Pressures of the high service pumps for the county plants shall be a
minimum of 40 PSI delivery pressures.
• At fire flow conditions the system shall be able to provide delivery pressures
of 20 PSI.
• Water quality shall at least meet EPA and State of Florida safe drinking
water requirements.
Comprehensive Plan Requirements
Objective 2 - Water Distribution System
Water Sub -Element - Objective 2
By 1995, 30% of the existing residential units and 50% of the
existing non-residential establishments within the 1995
potable water service area shown in Fig. 3. B.8 of the sub -
element will be connected to a regional potable water
system.
■ Objective 2 - Policy 2.3
The list of subdivisions having undersized lots - within the
service area designated as requiring potable water service
due to public health threats shall be updated annually - and
shall be given priority for the provision of public water over a
new development requesting service at the same time.
Comprehensive Plan Requirements
Objective 2- Sewer Collection Facilities
Sewer Sub -Element - Objective 2
• By 1995, 40% of the existing residential units and 60% of the
existing non-residential units within the 1995 wastewater
service area shown in Fig. 3.A.9 of the sub -element will be
connected to a regional sanitary sewer system.
■ Objective 2 - Policy 2.3
• The list of subdivisions having undersized lots - within the
service area designated as requiring'sanitary sewer service
due to public health threats shall be updated annually - and
shall be given priority for the provision of public sanitary
sewer services over a new development requesting service
at the same time.
3
MAY 189 1995
BOOK 95 PA. LE i12?
I
BOOK 95 PA�-L 113
omp rehensive Plan Requirements -
lant Capacity _
Water and Sewer
Policy 5.3 - Design for additional capacity for
regional facilities shall begin when a facility is at
50% of its capacity,. and construction of additional
its
capacity shall begin when a facility is at
capacity in order to guarantee provision of more
than the minimum level of service. All future
expansions will be based on the committed and
projected future demand.
Department of Environmental Protection-
zpansion Requirements
When 3 month average daily flow for the most recent
three consecutive months exceeds 50% of the
permitted capacity of the treatment plant the
permittee shall submit to the Department a capacity
analysis report. If capacity report documents that the
permitted capacity will be equaled or exceeded within
the next three years, the permittee shall submit a
complete construction permit application to the
Department within 30 days of submittal of the
capacity analysis report.
Department of Utility Services
Investment in Plant to Achieve Goals
Water and Wastewater Plant $117
$120
$100
$80
$60
$40
$20
$0
MAY 189 1995
M
1984 1989 1994
4
■$ M
M
Department of Utility Services -
Water Plant Capacity
■ Current
Water Treatment
Plant Capacity
0.420 mgd
0.850 mgd
Plant
Current
Average
Maximum
DEP
Location
CapacityM
Daily Flow
Daily Flow
Permitted
GD
MGD
MGD
Capacity
South Co.
8.570
3.670
5.056
.6.23
RO Plant
North Bch.
1.000.
0.348
0.447
0.554
RO Plant
North Co.
1.845
RO Pit. (In
Design
3MGD)
Totals
9.570
4.018
5.503
8.630
Department of Utility. Services
Wastewater Treatment Capacity
Regional Plant Current AV. Daily Max. Daily DEP Permitted
Capacity Flow IFlow Capacity
West Regional 1.0 mgd 0.740 mgd 0.975 mgd 1.448 mgd
Central Regional 1.0,mgd 0.410 mgd 0.583 mgd 1.184 mgd
South Regional
0.450 mgd
0.277 mgd
0.420 mgd
0.850 mgd
North Regional
1.000 mgd
0.537 mgd
0.651 mgd
1.434 mgd
North Beach Pit. 0.210 mgd 0.087 mgd 0.161 mgd 0.461 mgd
i
Totals 3.670 mgd 2.051 - mgd 2.790 mgd 5.378 mgd
)epartment of Utility Services
nalysis of Water Service to Undersized Lots
Total Subdivisions (SD) W/ Under -Sized Lots* 162
Less SD's in Incorporated Areas --25
Balance 137
Subdivisions Served With Water From List 64
. Balance 73
Additional Subdivisions (Not on List) With Undersized -84
Lots That Have Been Served Water
Total SD's WAMdersized Lots Served 148
*Table 3.A.3 From Comprehensive Plan
5
MAY 189 1995
M
95 FAUE 114
V
BOOK 95 PA;r 115
Department of -Utility Services -
Assessment Projects
Summary of Assessment Projects -1985-1995
Total Assessnv7ts * $176M
Total Collected(4/95)
*Incls all appiowed gjeds to be
completed by end of 94/95.
$102M
$ 7.4 M
8,158
Department of Utility Services
Water and Wastewater Facilities Investment To Serve
Commercial & Industrial Areas
AREA
1-95/CR512
OS 1/Roseland Rd.
1-95/RT. 60
Amount
$ 686,228
$1,135,769
$ 725,641
1-95/Oslo Rd. $1,254,452
Total $3,802,090
Department ' of Utility Service
Water and Wastewater Five Year Growth
■ Water and Wastewater % Increase Previous Five years
350%
300%
250%
200%
150%
100%
50%
0%
MAY 189 1995
Usage #ERUS #Bills
6
M
M
M M
Department of Utility Services
Explanation of Rate Components and Fees
Impact Fee - The fee charged by the County to real property owners to
fund the capital cost incurred by the water and wastewater utility to
serve new utility customers.
Eui lent Residential Unit (ERU) - The amount of water used or
wastewater produced by a typical residential unit, which water use
ranges from 0 to 300 gallons on a maximum day basis or 250 gallons
per day on a maximum month basis.
■ BCharge_- The charge imposed by the County for recovery of
expenses associated with billing, collecting and accounting services.
■ Base Facilities Charge-- The charge imposed by the County for each
ERU that represents the fixed costs to the County of having the system
available to serve that ERU without regard to volume used.
■ Volume barae -- The charge imposed by the County for the monthly
volume. used to recover the associated expense's for the production
and/or treatment of the service provided.
II. B. Incentives for Economic Development &
Affordable Housing
Paying Imp -act Fees at Building Permit - Cu -rent Policy : Ordinance 91-
9, Section 201.09.- Impact fee imposed. An impact fee shall be
imposed on each ERU responsible for creating the need for additional
system expansion based on the equitable portion of the cost of funding
the extension of the County's sewer and water systems. The obligation
to pap the impact fee shall occur at the earliest of the following dates.
when the capacity is reserved, when a water or sewer permit is
granted, or when a building permit is issued.
■ .Base Facility Charles - when start - Current Policy: Ordinance 91-9 -
Section 201.09 B. - The charge shall apply to every connected ERU
and to each ERU reserved for future use in -a development. For
_ developments that have entered into an agreement with the County for
reserving capacity, the fee shall commence upon certification by the
Department that County transmission, collection, and distribution lines
are ready for use.
11. B. Incentives for Economic Development &
Affordable Housing (Cont'd).
Use of Franchise Fees orother r meansower impacf fees.
• The Department of Utility Services projects franchise fees income in the
amount of $708, 000 for the 94M budget year (based on first 6 months
actual).
• (b) Alternatives to utility deposit. Current Policy: Ordinance 91-9, Section
201.08, Section H. - The County shall require a deposit for each water and
sewer account opened, transferred to another name, or reconnected to the
system based on the number of ERUs. The deposit will be retained in an
interest bearing account, the intertest on which will be paid to the customer
upon refund of the deposit. ;
■ Increased Use of Water Use Study ft Lower Impact Fees affordablehousing - elderly. The County's present impact fee is based on a 0 to
250 gallon per day consumption per ERU. The DEP uses a 350 gallon
per day consumption per ERC/ERU. The County has already
effectively reduced the requirement by 100 gallons per day.
MAY 189 1995
7 BOOK
90' PALE IJ6
BOOK 95 PA,UE 117
Incentives for Economia Development & Affordable Housing
Director Pinto believed that payment of impact fees at the
time you reserve capacity works very well, and would not recommend
changing it to payment at the time the building permit is issued.
Commissioner Eggert wanted to find out what triggers other
counties in Florida in having the impact fees paid at the time the
building permit is issued.
Director Pinto emphasized that it is a matter of what risk the
County is willing to take with regard to committing capacity to
someone without them paying for it. The base facility charge pays
for the operation of the plant which provides the capacity. He
stressed that there is not much risk in our county in not being
able to provide capacity.
Commissioner Eggert understood then that there is room to do
something about when impact fees are payable.
Director Pinto emphasized that the DEP tells us that we have
to be able to provide a certain amount of capacity.
Discussion ensued about the possibility of waiving the
franchise fee, and Director Pinto explained that the franchise
fees, which amount to 6% of customer billing, go into the M.S.T.U.
general fund which results in lower taxes somewhere else.* If the
franchise fee was waived, the County would have to find another
source for that money.
Commissioner Eggert felt that we should consider the following
items in looking at the Comp Plan policies regarding utility
incentives:
... infilling the areas and providing certain subdivisions.
... urban service road.
... lowering design capacities in Comp Plan to match State
design capacity requirements.
... Collection of impact fees at building permit time.
... Further coordination between Utilities and Planning
Departments with regard to urban service areas and
continuing to infill.
Commissioner Eggert opened the meeting up to public comments
and questions.
Ed Nelson, resident of Countryside Park North, referred to
Page 17 in Ordinance 91-9, Section 201.09:
E. Refund of impact fees. Any customer whose monthly water
use or sewage flow remains below the amount corresponding to the
number of ERUs assigned to such customer for a period of 24 months
8
MAY 189 1995
M
and for which impact fees have been paid, may make application to
the Department to reduce the number of ERUs assigned and seek
corresponding reimbursement of impact fees paid. In no case will
less than one ERU per living unit be assigned. The County may
refund impact fees actually paid, without interest, based on the
impact fee schedule in effect at the time of original payment,
provided the Department has resold such ERUs. Subsequent water use
or sewage flow in excess of flows corresponding to customer's
number of assigned ERUs will be subject to the excess volume
surcharge stipulated in Section 8.
Since most residents of Countryside North do not use a full
ERU, Mr. Nelson suggested the wording be changed to read, "In no
case will less than one-half ERU per living unit be assigned." If
that was changed, he would be the first one to come in and pay the
impact fees. He believed many others would also. Mr. Nelson
emphasized that they believe in paying their bills -- no more, no
less.
Deb Robinson of Laurel Homes, Inc. made the following comments
and suggestions:
1) Operation of running the plants at very low rate of flow.
2) Base facility charge has increased from 1.681 minimum a
month to over $28.00 a month. There is no control of
these monthly fees and that factor could successfully stop
construction or seriously slow it down.
3) Interpret the statement that capacity is available now.
This county has imaginary gallons of flow that may not
be needed for years.
4) Possible use of the DEP short form application for
construction to avoid having to commit capacity.
Peter Robinson of Laurel Homes noted that the current
wastewater capacity is 1 -million gallons a day, but the DEP
permitted capacity is 1.448 million. That is 448,000 gallons, or
approximately 1700 ERUs, and at $15 a month that is $25,000 a month
being paid by people who are not using the plant. So, in this case
the developer is subsidizing the user. It gives capacity by flows,
but it doesn't give any actual ERUs that are paid for.
Commissioner Eggert inquired about phantom capacity, and
Director Pinto emphasized that no one is paying early before cost
is incurred.
Jeff Meehan, developer of Indian River Apartments, made a few
observances on building affordable housing in IRC:
MAY 189 1995 9 BOOK 95 PnE 118
BOOK 95 PAGE i19
... Aging urban housing units is a problem facing the County
in the near future.
... Infrastructure costs have tremendous impact on builders
of affordable housing.
Mr. Meehan advised that in their new affordable housing
development, roughly 15% of the cost is fees to Indian River County
for water, sewer, and transportation impact fees. Some areas in
Florida waive those along with impact fee credits.
Mr. Meehan suggested more lobbying by the smaller counties in
Florida to get a bigger share of the State's allocation of funds
for low income counties. By telling our legislators that we have
unique problems, such as future aging of housing units even though
we are not the urban core, we might be able to get a bigger portion
of the pie which are our tax dollars. Indian River County is
called a "difficult to development area", which is a nomenclature
provided by the Department of Housing and Urban Development. The
State recognizes it, and it is caused by some of the things we have
talked about today, i.e. low incomes, development costs for water
and sewer, etc. More lobbying at the State level might give us
additional scoring points for more of the programs such as SHIP
programs, and the low income tax program.
Tim Zorc of Richard Zorc & Sons advised that with regard to
base facility charges, it is very difficult for builders of
affordable housing units to convince lenders that they can control
and monitor their expenses and operating costs.
Mr. Zorc disagreed with Mr. Pinto's statement that in water
and sewer costs, impact fees are the same as on-site wells and
septic tanks. He flat out disagreed with the numbers there. In
the new Vero Beach Highlands water project, they are paying over
$3,000 for the base water meter charge when they could replace it
with a well system for about $1,000. So, you are looking at an
increase of over $2,000 to the cost of housing. There are 600-700.
new units going on line in that project that have increased a
minimum of $2,000 each. Mr. Zorc wondered how the calculations
were working out for expansion in the Sebastian Highlands when that
utility is taken over by the County.
Mr. Zorc stressed that even though the lenders say that
financing is fine when there is a line construction charge or
intent to lien on a piece of property, they want it cleared up and
paid out of closing proceeds on the closing of the construction
loan. So, the lenders are not comfortable with the financing
ability that the County has. At present with the single-family
home, the builders get the pay-off fee and the title company cuts
10
MAY 189 1995
i
ability that the County has. At present with the single-family
home, the builders get the pay-off fee and the title company cuts
them a check. It would be better if it could be rolled to the end,
but it doesn't seem to work out that way.
With regard to prepayment capacity, Mr. Zorc knew there are
many people who have 25, 50, 100 or more prepaid water and sewer
credits for projects that probably will never happen and their only
option is to sell those credits back to Utilities. He suggested
that perhaps that could be corrected or fine-tuned a little bit.
He wondered why all these people have gone out and extended
themselves to commit to capacity if the prepayment of impact fees
is so flexible.
Mr. Zorc also suggested that SWDD fees be averaged out somehow
and collected at the building permit time. He felt that would
streamline the process a bit.
STRATEGIC PLAN
Review of Strategic Actions
Community Development Director Robert Keating reviewed the
following memo dated 9/3/93:
TO: The Members of the Affordable Housing Advisory Committee
THRU: Robert M. Keating, AICP AM K
Community Development Director
FROM: Christopher D. Rison
Senior Planner, Long -Ran Planning
DATE: September 3, 1993
SUBJECT: Consideration of Impact Fees
It is requested that the data herein presented be given formal
consideration by the Affordable Housing Advisory Committee at its
regularly scheduled meeting of September 9, 1993.
DESCRIPTION AND CONDITIONS:
Residents of all communities create a need for public facilities to
support and protect their health, safety and general welfare.
These facilities vary from the more obvious needs of police and
fire protection, to the basic needs for roadways and utility
systems. In response to the needs of community residents,
governments act to provide these facilities to the greatest extent
possible. While government is responsible for providing such
facilities, an important issue is how those facilities will be paid
for. The funding of public facilities is further compounded by
growth. As a community grows and the number of residents
increases, the government must expand existing facilities to meet
the needs of both the existing residents and new residents.
11 1
MAY 189 1995
BOOK 95 PAGE 12®
BOOK 95 PA 1121
In providing public services and facilities, governments must
consider who is requiring and utilizing the service. As a
community grows, new residents increase the demand for facilities.
Government must then determine how improvements or expansions of
the existing facilities will be funded in order to serve the new
growth. In so doing, government must determine if the existing
community will bear any or all of the costs to expand existing
facilities to accommodate new residents.
Typically, charging existing residents to fund facility expansions
for new residents is discouraged. Instead, many communities prefer
the concept that new growth should pay for itself. In response to
this concept, many communities- assess special fees for new
developments which will increase the demand for public facilities.
These special fees are known as impact fees, and they are used to
fund expansions of capital facilities to accommodate new growth.
Using impact fees, a community avoids charging existing residents
for the full cost of facility improvements necessitated by new
residents.
• Impact Fees Generally
Impact fees may be defined as.single, one-time payments required
from developers at the time of obtaining project development
approval, which are calculated to be the proportionate share of the
capital cost of providing public facilities for the development
project. In relation to housing, a 1,000 square foot single-family
home is typically charged the same impact fee as a 5,000 square
foot single-family home, since the facility impact is the same for
both and the impact is not affected by the size of the home.
Consequently, impact fees differ from taxes, because the amount of
a tax does not need not relate to the level of government services
received.
Generally, impact fees are assessed against new development, as
well as expansions of existing developments; usually, impact fees
are payable at the time building permits are issued. For this
reason, impact fees assessed on housing effectively become part of
the upfront costs which are included in, or added to, the purchase
price of a housing unit. This "additional cost" has created a
substantial amount of controversy in relation to the need for
affordable housing. In 1992, the Florida Legislature adopted the
William Sadowski Affordable Housing Act which established the State
Housing Initiatives Partnership (SHIP) Program. In compliance with
the SHIP Program, participating counties, including Indian River
County, were required to establish Affordable Housing Advisory
Committees which would examine impact fees in their jurisdictions
and, where warranted, make recommendations, concerning the
modification of impact fee requirements, including reductions or
waivers of fees and alternative methods of payment. The Committee,
however, may recommend that the existing impact fee program remain
with no change. The Committee's final recommendation will then be
included in the Local Housing Incentive Plan to be prepared by the
Committee for presentation to the local government.
• Impact Fees in Florida
In the State of Florida, a number of local governments, both cities
and counties, assess impact fees for new development or expansions
of existing development. According to the Florida Advisory Council
on Intergovernmental Relations (FACIR) 1991 Florida Impact' Fee
Report, Margate, Florida assessed the first impact fee in Florida
in December 1971. By 1991, 33 of Florida's 67 counties were
assessing at least one type of impact fee, and two other counties
were preparing to establish impact fees. Of the counties
surrounding Indian River -County, Brevard, St. Lucie, and Osceola
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MAY 189 1995
counties all reported assessing at least one type of impact fee.
Only Okeechobee County did not report assessing an impact fee.
Furthermore, of Florida's approximately 319 -municipalities, 92 were
assessing at least one type of impact fee in 1991.
Because impact fees are necessary in high growth areas, it is not
surprising that a substantial number of counties in the state do
not assess impact fees. Many of the counties without impact fees
are like Holmes County, which had a 1980-1990 growth rate of only
7.2%.
In contrast, twenty-nine of the 33 counties assessing impact fees
experienced population growth of over 25% between 1980 and 1990.
Of the 29, 10 experienced population growth of over 50% and three
experienced population growth of over 100%. Of the 33 counties
with growth over 50%, the average number of impact fee types
assessed -was 2.77, ranging from 1 to 5 impact fee types. Of all
the county and city governments which reported assessing impact
fees, the number of impact fees assessed also varied widely as
shown in the following chart:
Minimum Number of Impact Fees Assessed:
1 2 3 4 5 6 7+
----------------------------------
Counties 10 3 9 5 5 1 0
Municipalities 50 24 6 8 2 1 1
c.��--�aa��oaaaaaa�o��a�aaaaaaaa�eaaanoaa=aaa�aaa��.aa
Total 60 25 18 13 7 2 'l
The communities also reported a variety of assessment manners. St.
Johns County assesses a single impact fee which is divided among
various facilities, while other communities assess individual
impact fees, each for a specific facility.
Generally, impact fees may
categories:
Impact Fee Category
1. Transportation
be divided into the following
Description of Activities
Funded by Imvact Fee
Road " improvements; public
transportation; right-of-way
acquisition
2. Utilities Water or sewer plant
construction, expansion or
upgrading; water or sewer line
construction; solid waste
facility (landfill)
construction, expansion or
upgrading; electric power plant
construction, expansion or
upgrading
3. Recreation/Culture Park acquisition, development
and expansion; recreation
facility construction and
expansion (e.g. bikepaths);
library construction or
expansion; cultural facility
development or expansion
4. Public Safety Police, fire, EMS or
correctional facility
construction or expansion, law
enforcement program expansion
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MAY 189 1995
BOOK 95 PAGE 122
BOOK 95 PAE 123
5. Physical Environment _ River/water management=
conservation land acquisition;
stormwater and drainage system
improvement; environmental
beautification and maintenance
6. Other Public -Facilities School construction, expansion
or upgrading; public
administrative buildings
construction, expansion or
upgrading
Each government which elects to assess impact fees must establish
through its local regulations the basis upon which it will
calculate and assess the fees. Unlike general zoning regulations,
which governments are authorized by the State to enact, no specific
impact fee enabling legislation has been enacted by the State of
Florida. Instead, the ability of local governments to assess
impact fees is based upon judicial case law. Through various
decisions, courts have determined that impact fees may be assessed
by local governments in order to fund facility expansion needed to
accommodate new growth, provided a rational and equitable manner is
used in assessing the fees.
As noted, facility expansions are based upon the need to meet the
demands of a growing community and to maintain a minimum level of
service desired by the community. The concept of a minimum level
of service is a principle incorporated in the State of Florida's
Comprehensive Planning Act. The Comprehensive Planning Act
requires each government in the state to adopt minimum levels of
service for various facilities. A level of service is an indicator
of the extent or degree of service provided by a facility based on
and related to the operational characteristics of the facility.
The level of service indicates the capacity per unit of demand for
a facility. Examples of level of service measurements are Average
Annual Daily Trips (AADTs) which measure vehicular traffic or
gallons per day (gpd) which measure water or sewer flows.
Under the Comprehensive Planning Act, communities are prohibited
from approving new development if the levels of service adopted for
their public facilities cannot be maintained. This requirement is
titled concurrency, as it effectively requires that the public
facilities necessary to serve new development be in-place
concurrent with the impacts of new development.
• Indian River County Growth
Indian River County, like other communities throughout Florida, has
experienced, and is continuing to experience, increases in growth.
Indian River County's growth in the early 1980s occurred at a fast
pace; however, with the 1990s, the County's growth rate has
declined. This is shown in the following table:
Indian River County Estimated Population and Annual Change
MAY 189 1995
M M
M
Estimated
% Change Over
Year
Population
Previous Year
1980
594,900
----
1981
63,300
+5.7
1982
67,200
+6.2
1983
69,900
+4.0
1984
721,800
+4.1
1985
75,000
+3.0
1986
77,700
+3.6
1987
80,200
+3.2
1988
83,700
+4.3
1989
86,800
+3.7
1990
90,200
+3.9
1991
92,400
+2.4
1992
94,100
+1.8
1993
95,600
+1.6
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MAY 189 1995
M M
M
The County's average annual growth rate for the 1980 - 1993 period
was 3.7%. For the next twenty years, however, projections reflect
a reduced average growth rate. These projections are listed in the
following table, and they indicate that the County's growth is
expected to continue:
Indian River County Estimated Population Projections
and
Effective Annual Change
Estimated % Annual Change
Year Population Over Previous Years
1995
102,200
+3.4
2000
114,500
+2.3
2005
126,600
+2.0
2010
137,200
+1.6
2015
148,200
+1.6
2020
1581100
+1.3
• Facility Needs
With the county's existing population and its anticipated new
growth, the demand for facilities will increase. This increase in
county population can be related to increases in facility demands.
The population/facility demand relationship can be illustrated by
considering the impact of constructing new housing units.
Generally, a housing unit or household is comprised of an
approximate average of 2 to 2.5 persons. For each housing unit, a
specific amount of facility demand may then be anticipated. By
understanding the facility demand and its relationship to housing
units, the demands of growth may be understood. The following
descriptions provide a picture of the relationship of households to
Transportation, Water and Sewer facilities:
Transportation
Each new housing unit may be expected to require 0.003 major
road (arterial and collector) lane miles. This means that,
for every 333 housing units constructed, the County must then
construct one full lane mile of major roadway. It costs the
County approximately $500,000.00 to construct one full lane
mile of major roadway. This County construction cost equals
approximately $1,501.50 per housing unit. Since the County's
traffic impact fee rates average $1,113.22 per unit, it is
evident that traffic impact fees do not cover the entire cost
of necessary transportation system expansion. The County,
therefore, must makeup the cost difference through other
revenue sources.
Water
Each new housing unit is estimated to require 250 gallons of
water per day (gpd). For every 1000 housing units connected
to a water plant, 250,000 gpd of water treatment plant
capacity will be required to serve the units. Water treatment
plants produce water at a millions -of -gallons -of -water -per -day
rate (mgd). For a 1 mgd plant, 1000 households would use 258
of the plant's capacity. To accommodate and connect more
housing units, the County must expand the production capacity
of the water plant to replace the capacity to be used by.the
connected housing units. It costs the County approximately
$3.00 per gpd capacity to construct or expand a water
treatment plant. This construction cost equals approximately
$750 per household. However, it is more effective for the
County to expand water treatment plants in capacity increments
of 0.5 mgd. Furthermore, the cited expansion cost is limited
solely to plant construction. The cost does not include
related -construction costs such as property acquisition or
15
MAY 189 1995
sooK 95 PAGE 124
I
transmission line construction
expensive than the actual plant
County's assessed water impact
plant capacity expansion cost
costs, the County must rely on
the remaining uncovered costs.
BOOK 95 PAGE .1.25
which are substantially more
construction cost. While the
fee of $10750.00 may cover the
and a portion of the related
other revenue sources to fund
Sewer
Each new housing unit requires 250 gallons of wastewater
treatment per day (gpd). For every 1000 housing units
connected to a wastewater treatment plant, 250,000 gpd of
wastewater treatment plant capacity will be required to serve
the units. Wastewater treatment plants handle wastewater at a
millions -of -gallons -of -wastewater -per -day rate (mgd). For a
1 mgd wastewater treatment plant, 1000 households would use
25% of the plant's capacity. To accommodate and connect the
new units, the County must construct additional treatment
capacity to replace the capacity to be used by the connected
units. It costs the County approximately $2.75 per gpd
capacity to construct or expand a wastewater treatment plant.
This County construction cost equals approximately $687.50 per
household. However, it is more effective for the County to
expand wastewater treatment plants in capacity increments of
0.5 mgd. Furthermore, as with water treatment plant
improvements, the cited expansion cost is limited solely to
plant construction. ' The cost does not include related
construction costs such as property acquisition,•force main
and pumping station construction, or effluent disposal
facilities which are substantially more expensive than the
plant construction cost. While the County's assessed sewer
impact fee of $2,551.00 may cover the plant capacity expansion
cost and a substantial portion of the related costs, the
County must rely on other revenue sources to fund the
remaining uncovered costs.
With respect to water and sewer facilities, it is not just new
growth that creates demand. As an area grows and densities -
increase due to in -fill development or redevelopment, *he Anna t^
unable to safely accommodate the use of on-site well and septic
facilities. Consequently, new water and sewer plants and related
facilities must be built to accommodate the demand of existing
units abandoning wells and septic tanks to connect to centralized
public facilities.
Facility Costs
Growth creates the need to expand facilities and, thereby, creates
a cost. There are, however, two other general types of costs
associated with public facilities: general operating/maintenance
costs and replacement costs. General operating costs cannot be
funded with impact fees. These costs must be funded through the
community's general budget or through the rates charged to
customers using the facilities. Replacement costs must be funded
in the same manner as general maintenance costs.
• Impact Fees and the Local Community
Indian River County, through its regulations and Comprehensive
Plan, has effectively established a local policy that the existing
community must not bear the sole burden of expanding public
facilities to meet the demands of new growth. With this policy
that growth must pay for itself, the County assesses the following
types of impact fees for development:
1. Transportation _Impact Fee (TIF)
2. Water Impact Fee
3. Sewer Impact Fee
16
MAY 189 1995
M
I
M
The City of 'Vero Beach has also effectively adopted the policy that
growth should pay for itself. Therefore, it assesses impact fees
for the following public facilities:
1. Water Impact Fee
2. Sewer Impact Fee
3. Electric Impact Fee
For both Indian River County and the City of Vero Beach, all new
development must, prior to receiving some form of final development
approval, pay any of the above impact fees which are applicable to
the development project. This requirement applies to housing
development projects, as well as commercial development projects.
Impact Fee Characteristics
In Indian River County, new housing development may be assessed a
combination of Transportation, Water, Sewer or Electric Impact
Fees. The specific fees imposed depend upon the location of the
development. Each of these fee types, whether assessed by the
County or the City of Vero Beach, relate to the anticipated needs
of the County or City to provide the public facilities to serve new
housing development. The following descriptions of each impact fee
type are provided to present an overview:
• Transportation
Indian River County is the sole government agency responsible for
imposing a Transportation Impact Fee (TIF) in the County. The
County implemented its TIF assessment program in 1986. The TIF
program assesses a TIF on all development within the County,
including the County's municipalities: City of Vero Beach, Town of
Indian River Shores, City of Sebastian, Town of Orchid, City of
Fellsmere. It should be noted that, when the County established
its TIF program, the County elected to discount all TIF amounts by
fifteen percent (15%). The discount is intended to encourage a
developer to pay the fee based on the County's general rate
schedule. Alternatively, a developer may complete a fiscal impact
study to determine the specific TIF costs of a project; however, if
the developer opts to do a special impact study, the developer must
pay loot of the impact cost determined by the prepared study as the
fifteen percent (15%) fee discount will not apply.
The County further adjusted its T.IF program by dividing the County
into nine (9) Impact Fee Districts, each of which assesses
different TIF rates for each identified use type. TIF funds may be
spent only in the District from which the funds are collected. The
only exception to this provision is that funds from the Districts
may be used for improvements to the bridges, and their associated
roadways, which connect the mainland to the barrier island. The
County TIF program also included a provision noting that collected
TIF funds which were not spent within six years would, at the
request of the developer who paid the TIF, be refunded to the
developer. Given the current rate of expenditure for collected TIF
funds, however, no developer has requested or received such a TIF
refund at this time. Additionally, a developer may request a
refund of the impact fees at any time, in the event that the
developer does not proceed with developing the project for which
the TIF was paid.
As noted, Transportation Impact Fee funds have been collected since
1986. Since that time, a substantial amount has been collected;
however, as the following table indicates, the funds have. been
.spent or encumbered at a substantial rate.
MAY 189 1995 17 600K 95 Fa,UE 126
BOOK 95 FnE 127
Transportation Impact Fee Funds
Cumulative Revenues and Expenses
(in dollars)
Transportation
MWWt
Interest
$xpenditures
E anc"
Fund Balance
Impact Fee
Fee
and other
13,525,000.00
(CuTently
lees RKpensas
District
AevennM
6
Upensw
committed Lunde)
a 3naum1rancss
-----------------------:
1
---------_��
1,307 302.73
418 168.40
I
149 775.66
366,837.80
1,208,857.67
2
1,154,760.93
373,338.25
327,277.63
700,000.00
500,741.55
3
3,332.233.00
1,073,828.79
465,930.35
2,758,710.38
1,181,421.05
4
661,472.60
743,956.19
1,168,821.16
179,050.00
57,557.11
5
1,719,843.28
172,453.65
1,352,274.40
155,000.00
385,022.53
6
1,936,204.39
760,739.08
902,200.69
943,107.67
651,634.91
7
245,824.91
48,340.27
31,365.48
100,000.00
162,799.70
6
1,277,516.32
234,518.55
491,739.70
862,371.01
137,924.16
9
320,947.69
41,689.97
267,366.06
166,093.31
- 72,821.71
11,956,125.85 3,866,933.15 5,156,751.85 6,253,170.17 4,413,136.98
The County Transportation Capital Improvements Program (TCIP)
identifies transportation projects, and their estimated cost, that
must be completed in order to accommodate the projected growth of
the County and maintain the County's transportation facilities
adopted level of service. The improvements identified by the TCIP
include new roadway development, intersection improvements, roadway
widening and secondary improvements such as right-of-way
acquisition for future physical improvements. The TCIP identifies
the total expenditures anticipated for the next ten years as
follows for each impact fee district:
Projected Transportation
Capital Improvements Expenditures
for 1993 - 2003
(in dollars)
Transportation Impact
Projected
Fee District
$xpenditures
1
3,997,000.00
2
850,000.00
3
13,525,000.00
4
13,115,000.00
5
5,970,000.00
6
15,005,000.00
7
9,350,000.00
8
4,560,000.00
9
1,350,000.00
Total
67,722,000.00
In comparing the totals of the two transportation tables above, it
is evident that the amount of funds available from impact fees are
less than that which will be required to complete the necessary
improvements. The County, therefore, must rely on other income
sources to complete the necessary transportation capital
improvements. The first funds to be used for this purpose are.
those dedicated for transportation activities. These revenues are
generated by one of the following gas taxes, levied by either the
State of Florida or the County:
1.
Constitutional Gas
Tax - levied by the State of Florida
and
distributed to the
county by the State.
2.
County Gas Tax -
levied by the State of Florida
and
distributed to the
county by the State.
3.
Local Option Gas Tax
- optional tax which may be levied by
the
County; Indian River County does levy this tax.
4.
One -Cent Voted Gas
Tax - optional tax which may be levied by
the County with voter approval; Indian River County does
not
levy this tax.
Like impact fees, these
transportation related
however, these revenue
MAY 189 1995
dedicated revenues may be spent only on
activities. Unlike traffic impact fees,
sources are not restricted to capacity
is
� ® r
producing capital improvements. In fact, some of this revenue is
restricted for roadway maintenance activities rather than for
general transportation improvements. Since the County currently
maintains approximately 650 miles of paved and unpaved roadways and
approximately 85 bridges, the county expends a substantial sum for
transportation related maintenance activities. Due to the large
number of roads and bridges that must be maintained, the County
tends to spend all of its gas tax revenue for maintenance, with
little or none left for capital facilities expansions.
Since gas tax revenues are used primarily for maintenance
activities, that leave impact fees as the principal source of
capital expansion funding for roads. Without impact fees,
transportation capital improvements would need to be funded from
other sources such as the County's General Revenue Fund, an account
which receives money through a number of methods. The most
substantial method of funding the County's General Fund is the
levying of ad -valorem property taxes, a source which contributes
approximately forty percent (40%) of the county's total revenues.
Some roadway improvements may be funded by the state using federal
transportation funds. These funds, however, are limited and cannot
meet all of the county's needs.
Since impact fees are the county's principal source of funds for
transportation capital improvements, any elimination or reduction
of traffic impact fees will require more reliance on the County's
other general revenue funding, unless the impact fee funds are
replaced or somehow paid by another source.
• Water & Sewer Impact Fees
As noted, both Indian River County and the City of Vero Beach
assess water and sewer impact fees for new development. The County
implemented its water and sewer impact fee charges in 1981, and the
City of Vero Beach implemented its water impact fee in 1981 and its
sewer impact fee in 1987. Both the Indian River County'Utilities
Department and the City of Vero Beach Utilities Department are
established as enterprise funds which must operate- as financially
self-sufficient entities, separate from "their respective
governments. As such, the departments cannot. receive general
funding from their governments' respective General Revenue Funds.
Instead, the two departments must rely on their revenue stream to
fund operations and capital improvements.
o Indian River County
The County Utilities Department is effectively divided into
separate water and sewer operations, and their related. improvements
must be funded by the respective utility operations. Impact fees
are collected from developers constructing projects in the County's
water and sewer service areas when the project will be connecting
to a county water or sewer facility. As with Transportation Impact
Fees, water and sewer impact fees may be refunded to developers,
should the developer not complete the project for which the impact
fees were paid. Once a project has been completed and connected to
the water or sewer facility, however, the impact fees paid will not
be refunded.
Between 1981 and 1991, the County Utilities Department collected a
total of $20,132,884.00 in water and sewer impact fees. From the
collected fees, however, some refunds were issued. The remaining
fees have effectively been spent by the Utilities Department in
order to fund the Utilities Department's ongoing capacity
improvement programs. Furthermore, the Utilities Department's
capital improvements plan identifies ;120,778,000.00 in anticipated
water and sewer system capacity improvements to accommodate the
County's projected growth through the year 2002. Since the
19
MAY 189 1995
BOOK 95 FACE 128
I1
BOOK 95 PacE 199
County's collected water and sewer impact fees are being spent
substantially at the rate they are taken in, and the per unit cost
for facility expansions exceeds the assessed impact fee rates as
noted previously, the Utilities Department must rely on other
revenue sources to fund necessary capital expansions.
Since the Utilities Department is an enterprise operation, only two
funding methods are available for use. The first is using bond
financing, and the second is charging current utility customers
through their utility service rates. The Utilities Department has
primarily relied upon bond financing to fund its expansion
activities. The bond financing method pledges the Department's
impact fees revenues as the re -payment source for the issued bonds.
This allows the county to fund its expansion activities with the
impact fees revenues it receives. The second method of charging
the current utility customers for the cost of the system's capacity
expansions is discouraged under the policy that growth should pay
for itself, and it is this policy which leads to the bond financing
programs. Generally, charges to existing customers are made only
to cover the general operating and maintenance expenses and capital
replacement costs which will be encountered in operating the
utility facilities. Bond financing allows the Utilities Department
to avoid raising its utility rates in order to fund facility
expansions.
O City of Vero Beach
The City of Vero Beach Utilities Department is operated similar to
the County Utilities Department. The City, like the County,
collects a water impact fee from all development which is
connecting to water service. The City, however, collects a sewer
impact fee only from development located within its service area
but outside the city limits. The City does not assess a sewer
impact fee for development within the city limits.
The City has collected $6,310,125 in water impact fees.since 1981
and ;1,080,038 in sewer impact fees since 1987. City Utilities,
like the County, has effectively spent the impact fee funds it has
collected on its current ongoing facility expansion programs.
Furthermore, the City's capital improvements plan for the 1993 to
1998 period identifies $16,674,884.00 in anticipated expenditures
to complete the capacity improvements necessary to accommodate its
anticipated service area growth. Since the City's impact fee funds
are spent substantially as they are collected, and the City's
assessed impact fees are less than the County's assessed impact
fees, the City must rely on other funding sources to complete
facility expansions.
Since the City Utilities Department is an enterprise fund
operation, it is also limited to using bond financing programs or
additional rate charges to its existing customers to fund facility
expansions. The City, observing the policy that growth must pay
for itself, has also focused on the use of bond financing to fund
facility expansions. Like the County, the City has pledged its
anticipated impact fee revenues as the source of re -payment for
bonds which were issued to fund facility expansions. By using bond
financing, the City charges its existing customers for operation,
maintenance and capital replacement costs, while avoiding the need
to charge its existing customers for facility expansions.
• Electric Impact Fees
The City of Vero Beach is the only government agency which offers
electric facility service in Indian River County. The City
implemented its electric impact fee 1987. This electric impact fee
is collected from all development which connects to the City's
electric service within the City's electric service area.
The City has collected $1,724,536 in electric impact fees since
their inception in 1987. These electric impact fees, however, have
20
MAY 189 1995
M M M
M M
effectively been spent with the City's current ongoing facility
expansion program. Furthermore, the City's capital improvements
plan for the 1993 to 1998 period identifies ;7,819,500 in
anticipated expenditures to satisfy the expected capacity needs for
future growth within its electric service area. As the City's
electric impact fee funds have effectively been spent, the City
must rely on other funding sources to complete future facility
expansions.
Since City Electric is an enterprise fund operation, it is also
limited to using bond financing programs or additional rate charges
to its existing customers to fund facility expansions. And again,
observing the policy that growth must pay for itself, City Electric
has focused on the use of bond financing to fund facility
expansions. The City has pledged its anticipated impact fee
revenues as the source of re -payment for bonds which were issued to
fund facility expansions. By using bond financing, City electric
charges its existing customers for operation, maintenance and
capital replacement costs, while avoiding the need to charge its
existing customers for facility expansion costs.
Depending upon the location of a housing unit and the availability
of facilities for the housing unit, a developer may be required to
pay up to four separate impact fees (Transportation, Water, Sewer,
Electric). These impact fee costs do affect the cost of housing,
and it is the Affordable Housing Advisory Committee's task to
consider the effects of these impact fees on affordable housing.
ANALYSIS:
Community growth requires the expansion of public facilities to
meet the needs of that growth. The expansion of public facilities,
however, requires funding through the government. Governments
faced with needed facility expansions must choose how the
expansions will be funded. Impact fees are one funding mechanism
available for governments to use in funding facility expansions.
As with any funding question, however, a government considering
using impact fees to fund public facilities expansions must weigh
the advantages and disadvantages of impact foes.
Impact Fee Advantages:
Impact fees provide substantial advantages for governments which
must expand their public facilities. First, impact fees provide a
dedicated, alternative funding source from the standard funding
mechanisms which are available to government (e.g. property taxes,
sales taxes). By using impact fees, government is able to reduce
its dependence on these other funding mechanisms, and this reduced
dependence may be crucial when the funding mechanism is not a
stable income source (e.g. sales taxes). Additionally, impact
fees allow governments to charge those creating the facility need
for the cost of providing the facility; if no development occurs
and no demand is created, an impact fee is not going to be paid.
The policy of growth paying for itself is often preferred by
government and residents, since existing residents must incur costs
if new growth does not pay its way. Finally, since impact fees are
assessed using standardized rates, the amount of an impact fee for
a project or housing unit is firmly established, and the fee
charged directly corresponds to the impact created.
• Impact Fee Disadvantages:
One disadvantage of impact fees is that the fees are considered
regressive in that they are not related to the size or value of a
development project. Small inexpensive projects are typically
required to pay the same impact fees that larger more expensive
projects are required to pay. An example is that a ;3,000 impact
fee must be paid for a $60,,000 home and a $250,,000 home; the impact
fee represents 5% of the less expensive unit's cost but only 1.28
21
MAY 189 1995 BOOK 95 PAGE 130
BOOK 95 PA;E 131
of the more expensive unit's cost. The second disadvantage is that
impact fees must be paid in full prior to receiving development
approval. This need for upfront payment may create financing
difficulties for developers. In the case of housing, the need to
pay impact fees upfront may significantly increase the amount of
money which must be obtained or financed in order to complete a
housing unit.
The disadvantages noted, especially the second disadvantage
concerning upfront payment, create much of the controversy
concerning impact fees, as those fees relate to the provision of
affordable housing. It is argued that impact fee costs imposed on
housing are added to the price of housing which makes it difficult
for persons with very low-, low- or moderate -incomes to obtain
housing. With this claim in mind, it is often recommended that
local governments provide impact fee alternatives for affordable
housing. These alternatives generally take one of two forms: the
elimination/reduction of impact fees or the subsidization of impact
fees.
O Impact Fee Elimination/Reduction
The elimination or reduction of impact fees for affordable housing
would have an immediate effect, as the amount eliminated or reduced
would be eliminated from the housing cost. However, the facility
demand created by the housing unit will not be eliminated or
reduced. Therefore, the government is faced with obtaining funds
for the necessary facility expansion through some other means. In
many cases, funds may be obtained through increased tax levies
(e.g. property, sales) or through increases in utility rates. The
government may also seek alternative methods to fund the necessary
expansions. In some cases, the financial impact of an alternative
may be just as great as, if not greater than, the financial impact
of'the impact fee which would have been charged.
As examples of impact fee elimination or reductions for affordable
housing, the City of Orlando provides an impact fee exemption for
affordable housing, while Orange County provides an -impact fee
reduction for affordable housing. The exemption and reduction are
provided for in each government's respective impact fee
regulations; however, each government must compensate the
respective impact fee funds through its other revenue sources. The
compensating action of the government is classified as having the
government paying the impact fee on behalf of the affordable
housing unit, rather than actually eliminating or reducing the
impact fee. Another suggested variation on eliminating or reducing
impact fees for affordable housing is shifting the impact fee
liability to other uses. This would involve recalculating impact
fee rates with the amount of the waived affordable housing impac*
fee revenue charged to other uses. This concept is inappropriatef
as provisions to shift costs may invalidate an impact fee
ordinance. Developers would be paying both their own proportionate
share of capital costs as well as the share for another project.
Legally, this would not conform to the proportionate share concept
upon which impact fees are based.
0 Impact Fee Subsidization
The subsidization of impact .fees on behalf of affordable housing,
in which the government specifically identifies monies which may be
used to pay all or a part of the impact fees for affordable
housing, is the second impact fee alternative for affordable
housing. This alternative is similar to the concept of eliminating
or reducing impact fees for affordable housing. The subsidization
alternative serves as a_method of formally recognizing that, while
the affordable housing unit developer is not paying all or a part
of an impact fee, the funds must still be provided to compensate
for the demand that the affordable housing unit will create. The
decisions to be made when the subsidization alternative is used are
22
MAY 18, 1995
what source of funds will be used to pay the affordable housing
unit's corresponding impact fees, and how such a subsidization
program will operate. It should be noted that a government which
elects to conduct a subsidy program will encounter additional costs
beyond those associated with paying the affordable housing unit's
impacts. The subsidy program will also require funds to administer
the program, along with other funds to monitor the affordable
housing unit or its residents for compliance with any subsidy
program imposed requirements.
Examples of two subsidy programs are the City of Orlando's impact
fee grant program and Indian River County's Local Housing
Assistance Program. The City of Orlando established a line item
fund in its annual budget to fund the payment of impact fees for
affordable housing. Indian River County's Assistance Program uses
state supplied funds to serve as the source of funds for the
payment of impact fees for affordable housing. By paying the
affordable housing unit's corresponding impact fees, both the City
of Orlando and Indian River County recognize that each affordable
housing unit will still create facility demand which must be
funded. The Orlando subsidy program has been in operation since
early 1993; however, it has not been utilized to a large extent at
this time. Indian River County's subsidy program has not yet
commenced at this time; however, from the extent of interest, it
appears that the County program may be quite successful.
As noted, using either one of the two impact fee alternatives to
provide impact fee relief for affordable housing units does not
eliminate the facility demand and associated facility expansion
costs created by affordable housing units. However, selecting the
subsidy program alternative allows a local government,to publicly
recognize and point out to the community that impact fees for
development are needed and these fees must be Said, regardless of
who pays the impact fees.
• Summary
In order to meet the demand created by growth, governments must
expand their facilities, and this expansion must be funded in some
manner. One alternative of funding facility expansion'is through
impact fees. By collecting impact fees, governments create a
designated funding source for the necessary capital improvements
while ensuring the existing community that new growth is paying the
cost of growth necessitated facility expansions.
These impact fees, however, do affect the price of housing, and
their effect on affordable housing, in particular, can be
significant. Because, Indian River County is implementing an
assistance program which provides for an impact fee subsidy to for
affordable housing, any additional action relating to impact fees
would be premature and unnecessary at this time. It is staff's
position that the County's impact fee subsidy effort is the most
appropriate step the for the County at this time. Therefore, staff
recommends that the Affordable Housing Advisory Committee make no
formal recommendations to change the county's impact fee structure
at this time.
RECOMMENDATION:
Staff recommends that the Affordable Housing Advisory Committee
recognize that Indian River County is implementing an impact fee
subsidy program and determine that no further action is required by
Indian River County at this time.
23
MAY 189 1995
BOOK 95 PAGE :39
BOOK 95 Ftt rE133
County Comparisons
Commissioner Eggert commented that she is tired of hearing
that the only thing this county has to offer is the quality of life
and she wanted to see us put together a brochure on county
comparisons to show people why they should come to. Indian River
County:
COUNTY COMPARISON
For economic development purposes, it is advantageous to compare
Indian River County to other counties located close by. Since
these other counties constitute Indian River's competition for
economic development prospects, such comparison provides a means to
assess the competition.
The purpose of this report is to compare Indian River County with
other counties in the Space Coast and Treasure Coast area with
respect to factors affecting economic development in each of these
counties. Additional comparison information is included in the
county's recently completed Economic Base Study.
Population, income, and other economic development related
characteristics of Indian River, St. Lucie, Martin, Palm Beach,
Brevard, Oseola, and Polk counties are indicated on attached -Tables
I -VI. Only by considering these characteristics as a whole can an
accurate perspective of the county's relative position be provided.
• POPULATION
As indicated in Table I, Indian River County is the smallest county
in the region, and Palm Beach County is the largest. More than 98%
of the population growth in Indian River and Martin counties is due
to immigration, with the growth of these two counties primarily due
to a large influx of retirees. This is one reason why both Indian
River and Martin counties' percentage of the 65 years and older
population segment is increasing. In 1990, both counties had more
than 27% of their respective populations in the 65 years and older
category. For the most part, the 65 years and older population is
no longer in the workforce. A majority of these retirees, however,
are relatively affluent, providing an increased market demand for
goods and services.
0 INCOME AND LABOR FORCE PARTICIPATION
Martin County has the highest per capita income in the region
followed by Palm Beach, Indian River, Brevard, St. Lucie, Polk, and
Osceola counties. Palm Beach County, however, has the highest
household and family median income followed by Martin, Brevard,
Indian River, St. Lucie, Osceola, and Polk counties.
Polk County has the highest percentage of people below the poverty
level, followed by St. Lucie, Osceola, Brevard, Palm Beach, Indian
River, and Martin counties.
Indian River and Martin counties have the -lowest labor force
participation percentage (about 51%), and Osceola County has the
highest percentage (about 66%).
24
MAY 189 1995
PRICE LEVEL INDEX AND BUYING POWER
The price level index is based on the cost of 117 items and
services, ranging from bread to prescription glasses, and men's
business shirts to homeowner's insurance. The index measures
relative price levels across counties from year to year. As
indicated in Table II, Palm Beach County had the highest price
level index in the region in 1993, followed by Martin, Indian
River, St. Lucie, Brevard, Osceola, and Polk Counties.
Also, a
County
state's
s shown in Table II, Palm Beach County ranked 4th, Martin
ranked 5th, and Indian River County ranked 11th among the
67 counties,
regarding the price level index.
Another important consideration is buying power. A county's buying
power is based on two factors. These are per capita income,
including all sources, and the cost of living index. In the
region, Palm Beach County has the highest buying power, followed by
Martin, Indian River, Brevard, Polk, St.. Lucie, and Osceola
counties. Among Florida's 67*counties, Palm Beach County ranked
1st, Martin County ranked 2nd, Indian River County ranked 5th, and
St. Lucie County ranked 38th in terms of buying power.
MILLAGE RATE
Millage rate is the rate at which ad valorem property, taxes are
assessed. One mill equals one dollar of tax per. one thousand
dollars of property value. On Table III, the millage' rate includes
millage for county government, millage for school board district,
and millage for special districts. Millage,.levied for debt service
has been included to more accurately reflect the total millage
levied for ad valorem taxes.
As indicated on Table III, Indian River County had the lowest
millage rate in the region in 1989 and 1991, followed by Brevard,
Martin, Polk, Osceola, Palm Beach, and St. Lucie counties. Among
the 67 counties in the state, Indian River County was the 11th
lowest in terms of millage rate, while St. Lucie County was 60th on
a lowest to highest ranking.
In 1994, St. Lucie County had the highest millage rate in the
region, followed by Palm Beach, Indian River, Polk, Osceola,
Martin, and Brevard counties. The millage rate for Indian River
County in 1994 was higher than the 1991 rate due to debt service
for a school district construction bond as well as the added
millage for the newly created county emergency management service
district.
According to state requirements, all property assessments must be
uniform throughout the state, and assessment must be done at 100%
of the property value. For this reason, it should be possible to
compare millage rates among counties. To ensure consistency, the
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MAY 189 1995
BOOK 95 P'AE 134
BOOK 95 FAGS 1:35
state certifies each county tax roll. To do that, the state
performs random checks and examines assessed value in relation to
sale prices. For statistical purposes only, a county's assessment
roll is considered to be accurate and the tax roll will be
certified if assessed values are 858 or more of sale prices.
• LOCAL OPTION GAS TAX.
During its 1993 session, the Florida legislature made two important
changes to the state's local option gas tax laws. As part of the
ELMS (Environmental Lands Management Study) Act, these two changes
were designed to' provide local governments with the ability to
generate more revenue to implement local comprehensive plans.
One of these changes involved the establishment of a new local
option gas tax. Ranging from one to five cents, this tax may be
approved either by voter referendum or by a majority plus one vote
of the applicable county's governing body. The other legislative
change affected the ninth -cent gas tax (formerly called the voted
gas tax). As a result of legislative action, this tax may now be
imposed by any county in the state either by voter referendum or by
extraordinary vote of the governing body.
Because of these changes in state law, counties may, with just a
majority plus one vote of the governing body, impose up to 6 cents
of additional local option gas tax. In Indian River County, the
imposition of an additional 6 cents of local option gas tax would
raise approximately $3,199,000 countywide per year.
If the additional gas tax were to be adopted by the county, the
money raised could be used to reduce traffic impact fees, to
subsidize traffic impact fees, to eliminate traffic impact fees, or
used for maintenance and replacement of county bridges which must
be substantially repaired or replaced (the cost of such work
substantially exceeds available funding).
Table III indicates which local governments have adopted the
additional Local Option Gas Tax and at what rate.
• IMPACT FEES
As indicated in Table IV, six of the counties in the region collect
impact fees at the time of building permit issuance. The only
county which collects impact fees at the time of Certificate of
Occupancy is Brevard County.
All counties charge traffic impact fees.
including Martin, Brevard, and Palm Beach,
different impact fees. This is indicated in
water and sewer are concerned, most counties
some counties do not call them impact fees.
3
26
MAY 189 1995
. Several counties,
impose five to eight
Table IV. As far as
have fees; however.,
Impact fee amounts vary from county to county. As indicated in the
traffic impact fee sample of Table IV, several counties in the
region charge higher rates than Indian River County. Several
municipalities within each county also have their own impact fee
charges, above and beyond countywide impact fees. In some cases,
private utility companies have additional charges to cover capital
improvement costs associated with their facilities.
• ECONOMIC DEVELOPMENT INCENTIVES
Table V indicates the direct economic development incentives
provided by each county in the region. Indirect incentives, such
as availability of water and sewer for commercial/ industrial lands,
quality of life, and others, are not shown on the table. The three
counties providing some direct economic development incentives are
St. Lucie County, Palm Beach County and Brevard County.
NUMBER OF JOBS LOST OR GAINED
Table VI indicates the number of jobs lost or gained in the county
for each year between 1990-94. This information is provided by
industry total and by major sector. In 1990, 1991, and 1992, the
county lost jobs, mainly due to the overall national economy.
Since 1993, however, the county has gained jobs in almost all of
the categories.
• SUMMARY
There are many characteristics that together establish a county's
profile. To accurately reflect a county's financial structure,
these characteristics must be considered together.
As indicated in the attached tables, Indian River County ranks high
in the income and buying power categories, an indication of the
county's affluence. At the same time, the county has a competitive
millage rate and below average impact fees.
At present, the county does not offer economic development
incentives. In that respect, the county is at a competitive
disadvantage with several of the -counties in the region.
u\v\s\repor.cty
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MAY 189 1995
BOOK 95 PAGE 136
I
BOOK 95 PAGE 137
Director Keating pointed out that Indian River County has the
fewest number of impact fees and that our impact fees are not the
highest.
Incentives for Economic Development G Affordable Housing
State incentives
Alan Campbell of Council of 100 stressed that the State has
been dragging its feet on traffic impact fee waivers for targeted
industries and the creation of tax incentives. He suggested that
the County allow payment of traffic impact fees over a period of
years like we do the utilities impact fees and give money back for
oversizing improvements.
Commissioner Eggert asked why can't we pay the traffic impact
fee over 5-10 years, the way we do utility impact fees, and
reimburse them for over building.
Director Keating noted that if we did implement the financing
of impact fees over 5-10 years, it probably would be structured
along the lines of water and sewer impact fees. Financing of
impact fees might have some benefits to the applications. We know
it has a cost to the County. We know it would require a lien on
the property, and Tim Zorc made a reference to the effect of the
debt on developers' financing. On the up side, a finance plan
could reduce the upfront cost and allow payment over time. On the
down side, it could reduce the amount of financing that the
applicant can obtain, which is why we are not sure of the degree to
which it would be used if it were put in place.
Director Keating explained that the big difference between
financing traffic impact fees and utility impact fees is that we
have a lot of existing residents who are financing utility impact
fees. When somebody owns a single-family home and the County -
brings in water and sewer, they can decide to hook up and pay their
impact fees at that time. That is not the case with traffic impact
fees. You can expand your house, or do anything to an existing
single-family house, without getting an increase in traffic impact
fees. The only time you are going to get hit with a traf f ic. impact
fee is when you are building a new house.
Director Keating pointed out some of the potential costs of
establishing a traffic impact fee financing program. It would
reduce the amount of traffic impact fees that we collect on an
annual basis. People -would be paying an interest rate, but it
would be coming in incrementally. Instead of getting money in
28
MAY 189 1995-
bigger chunks, we would get it in smaller increments over a period
of time. That may have the disadvantage of lengthening the time to
do the projects. One way to avoid that would be to bond impact
fees, but bond issuance costs raise the entire cost of everything.
It is also difficult to finance impact fees because of some of the
unknowns with impact fees. Another cost to the County would be the
administrative cost of servicing the loans, and there is the risk
of default even though we would have a lien securing the impact
fees amount. Director Keating stressed that staff's question is
whether the overall benefits outweigh the costs.
Transportation
Public Works Director Jim Davis advised that the financing of
impact fees would limit the cash flow in the road building funds.
At the present time, we try to project cash flow on a yearly basis
and when a cash flow is diminished by lesser impact fees received
in the beginning years, we try to make that up with local option
gas tax revenues and that is split with the Constitutionals. So,
there is some immediacy in the county for using that money for
arterial and collector roads. Many large and even smaller
developments are taking advantage of traffic impact fee credit
agreements. Credit agreements are written in cases where people
are donating right-of-way in lieu of paying impact fees. 'A change
4 0
would diminish our ability to pay for that impact fees over a
number of years.
Commissioner Bird didn't see us enacting an additional gas tax
unless it proves to be necessary in the future to meet our future
transportation needs.
OPTIONAL GAS TAX
GAS TAX PER .01 $518,264
MULTIPLY BY 6 6
TOTAL $3,109.594
MAY 189 1995
29 Boos 95 PnE 138
INDIAN RIVER
INDIAN
TOTAL
COUNTY
VERO
RIVER
COUNTYWIDE
UNINCORP.
BEACH
SEBASTIAN
SHORES
FELLSMERE
PERCENT OF GAS TAX
100.0000%
67.5703%
19.4239%
9.9052%
1.1435%
1.9571%
BEIM5
DOLLAR AMOUNT 1
$3,109,584 1
$2,101,155 1
$604,002
$308,011
$35,558
$60 858
MAY 189 1995
29 Boos 95 PnE 138
BOOK 95 Pbr,E 139
Costs
Capital 20 years $181,000,000
Operation & Maintenance 20 years $172,000,000
8,600,00 Total Cost for 20 years $353,000,000
Revenues
(20 years based on current funding
levels and growth rates)
Constitutional Gas Tax
$29,000,000
County Gas Tax
$10,000,000
Local Option Gas Tax
$43,000,000
Traffic Impact Fees
$33,000,000
State & Federal
$85,000,000
MSTU
$65,000,000
General Fund
$43,000,000
1 -cent local option sales tax
$13,000,000
TOTAL
$321,000,000
Discussion ensued regarding increased use of traffic studies
to lower impact fees for affordable housing, especially housing for
the elderly.
Community Development Director Robert Keating advised that we
always tell people their option is to show that their projects
would generate less traffic than projected. We will be looking at
that in the transportation study, but it is available right now.
Citrus Road
. On June 13 staff will be bringing Comp Plan amendments to the
Board that will specifically put the citrus road on the County's
Thoroughfare Plan. In August the MPO priority projects will be
brought forth, which is our opportunity to get the citrus road on
DOT's 5 -year program.
Director Davis advised that the citrus road is a 3 -county
effort and all 3 counties will have to do the best job they can in
order to have the DOT prioritize the project. The big question is
how are we going to prioritize it with all of our other projects.
Local Incentives
Discussion ensued regarding tax abatements or refunds, job
grants program, weekend inspections, relocation assistance,
employee relocation package, spouse employment program, list of
teachers who are foreign language speakers, capital venture
resource list, small business lending pool and sales and use tax
exemption - personal property tangible tax.
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MAY 189 1995
TAB EXAMPLES
M
Value Taxes Without Exemption Taxes with Exemption
Land value $20,000 $20,000
$1 -million
Improvements Value $20,000 $12,000
$1 -million
-------------------------------------------------------------
TOTAL $40,000 $32,000
Commissioner Eggert asked if the Board would like the Economic
Development Council to develop information for tax abatement and
applications for job grants.
Commissioner Bird wanted to see it come back because it is an
opportunity to compete with other counties.
Commissioner Eggert was excited about the potential of
developing our SWDD industrial park.
Commissioner Tippin commended staff for their tremendous
efforts in bringing this very informative presentation to the
Board, and Commissioner Eggert noted that it doesn't cost the
taxpayers anything for us to study the issues.
The Board next discussed finding a way for people to pay back
SHIP funds, possibly at the time the property is sold or the owner
dies. Another alternative would be to pay it back monthly,
capital plus interest, over the years. It would require
substantial administration, but staff will look into it.
Director Keating reported that Indian River County is expected
to receive $573,000 in grants for next year. He noted that 110
families have been assisted by this program.
Tim Zorc, current president of the Treasure Coast Builders
Association, asked if there was a double charge in the calculations
for trip generations for industry, and Director Keating explained
the formula for arriving at trips and emphasized that there is no
double charge in calculating impact fees.
Mr. Zorc, using the example of the additional vehicles on the
road from the U.S. Post Office and the citrus industry, suggested
that the collection of traffic impact fees be tied to Certificates
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MAY 189 1995
Boa 95 PnEx.40
I
BOOK 95 wa 141
of Occupancy rather than being paid up front. He noted that the
DeBartolo project had .to pay a franchise fee to the City of Vero
Beach for electricity. If Florida Power & Light had been allowed
to cross SR -60 at that location, DeBartolo would not have had to
pay anything. Mr. Zorc supported a gas tax user fee.
Alan Campbell of the Chamber of Commerce stressed that a
change in the times for payment of impact fees would help sway the
decision makers in bringing industry to our county. He also
stressed the competitiveness in job grant programs in other
counties.
Deb Robinson, president of the Chamber of Commerce, believed
we lose positive industry for several reasons:
1) We don't have available parcels in the areas where
businesses want to go.
2) Tax abatement and incentives are greater in other
counties.
3) Our LDRs are not user friendly.
There being no others who wished to speak, Commissioner Eggert
expressed the Board's appreciation for everyone's patience during
this 3 -hour workshop which she felt was very educational and very
much needed. She advised that everything discussed here this
morning will be brought forward and gone into at greater depth.
Chairman Macht thereby adjourned the meeting at 12:20 p.m.
ATTEST:
tee&
J. K. Barton, Clerk Kenneth R. Macht, Chairma
Minutes approved &0 -.�;)o-9-1
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MAY 189 1995