Agenda 07/11/2017 Item #17CProposed Agenda Changes
Board of County Commissioners Meeting
July 11, 2017
Move Item 17C to Item 9B and revise title to read: Recommendation to
adopt an ordinance to establish a pilot program in Immokalee allowing the
payment of impact fees by an installment program, as a voluntary
alternative to paying the fees in a single, up-front payment with a delayed
effective date of October 1, 2017. (Commissioner Taylor’s request)
Move Item 16A24 to Item 11G: Recommendation to approve a resolution establishing the Property
Assessment Clean Energy (PACE) program within the unincorporated areas of Collier County for
residential, commercial, and industrial properties and approve a standard form membership agreement
with PACE providers. (Commissioner Taylor’s request)
Move Item 16A21 to Item 11H: Recommendation to approve a resolution that approves a membership
agreement between Collier County and the Green Corridor Property Assessment Clean Energy District
to administer a Property Assessed Clean Energy (PACE) program within the unincorporated area of
Collier County, an indemnification agreement between Collier County and Ygrene Energy Fund Florida
LLC third party administrator, and the original interlocal agreement and authorize the chairman of the
Board of County Commissioners to sign these agreements. (Commissioner Taylor’s request)
Move Item 16A22 to Item 11I: Recommendation to approve a resolution that approves a
membership agreement between Collier County and the Florida Green Finance Authority to administer a
Property Assessed Clean Energy (PACE) program within the unincorporated area of Collier County, an
indemnification agreement between Collier County and Renew Financial Group LLC, third party
administrator, and authorize the chairman of the Board of County Commissioners to sign these agreements.
(Commissioner Taylor’s request)
Move Item 16A23 to Item 11J: Recommendation to approve a resolution that approves a membership
agreement between Collier County and the Florida Resiliency and Energy District, a Property Assessment
Clean Energy District, to administer a Property Assessed Clean Energy (PACE) program within the
unincorporated area of Collier County, an indemnification agreement between Collier County and
Renovate America Inc., third party administrator, an indemnification agreement between Collier County
and Florida Development Finance Corporation, an administrator, and authorize the chairman of the
Board of County Commissioners to sign these agreements. (Commissioner Taylor’s request)
Withdraw Item 16F2: Recommendation to approve the First Amendment to the Fiscal Year 2017
Agreement between Economic Incubators, Inc. and the Board of County Commissioners to provide start
up and operational funding for the Florida Culinary Accelerator @ Immokalee and authorize a budget
amendment of $137,965. (Staff’s request)
Withdraw Item 16G1: Recommendation to approve a Collier County Airport Authority Standard Form
Lease and Addendum with Economic Incubators, Inc. at the Immokalee Regional Airport. (Staff’s
request)
Note:
Item 16A9 title should read: Recommendation to approve and execute a Local Agency Program
Agreement with the Florida Department of Transportation in which Collier County would be reimbursed
up to $1,024,273 for the construction and construction engineering inspection (CEI) of turn lane extensions
and restriping at the intersections of Pine Ridge Road and Logan Boulevard, and Pine Ridge Road and CR
31(Airport - Pulling Road) and to authorize the necessary budget amendment (Project # 33524), FPN
435176-1- FPN 433176-1/58/68. (County Attorney’s request)
Item 16D2 title should read: Recommendation to award Invitation to Bid No. 17-7139 to Infinite
Construction, LLC, for the Ann Olesky Park Pier Replacement, in the amount of $437,736.94, plus
$5,000 for County permitting fees for a total of $442,736.94, and authorize the necessary budget
amendment, and make a finding that this expenditure promotes tourism. (Staff’s request)
Time Certain Items:
Item 8A to be heard at 1:30 p.m.
Item 10A will be heard after Item 7-Public Comment
7/20/2017 11:21 AM
07/11/2017
EXECUTIVE SUMMARY
Recommendation to establish a pilot program in Immokalee allowing the payment of impact fees by
an installment program, as a voluntary alternative to paying the fees in a single, up-front payment
with a delayed effective date of October 1, 2017.
OBJECTIVE: To both stimulate the economy of Immokalee, Florida, by allowing the payment of
impact fees by installments, and to ascertain whether doing so has a positive effect on both the costs of
housing and economic growth.
CONSIDERATIONS: Immokalee is Collier County’s largest inland community. With its unique
geographic, social, and economic characteristics, Immokalee has long been recognized as a distinct
community, and a community that operated under separate zoning and subdivision regu lations until
1982. Immokalee is now regulated through the county-wide Land Development Code and the
Immokalee Area Master Plan. It is also one of the two Redevelopment Areas established by the Collier
County Community Redevelopment Agency (CRA) in March 2000 to eliminate slum and blight.
Immokalee also participates in several government -funded programs intended to improve housing and
stimulate job growth for its citizens.
On June 13, 2017, the Board authorized the County Attorney to advertise this prop osed ordinance
amendment for future consideration. The purpose of this ordinance is to establish an impact fee
installment payment pilot program which is intended to provide the Board of County Commissioners of
Collier County, Florida, with the opportunit y to study whether paying impact fees through installments
result in lower initial costs and value in housing and greater economic development, as well as to
provide an additional incentive for Immokalee’s economic growth and development. Installments woul d
be paid once a year as an assessment.
The proposed ordinance provides that as an alternative to paying impact fees in full, a feepayer could
pay their impact fees in installments by entering into an agreement with Collier County. The form of the
agreement would be approved by the Board, and the agreement would at a minimum provide:
(1) An acknowledgement by the feepayer that the subject property is specially benefited by the
improvements to the property and the installment payments shall be special ass essments levied
as non-ad valorem assessments against the subject property pursuant to the Uniform
Assessment Collection Act.
(2) The term of the agreement and the interest rate to be charged, which terms are set by the Board
of County Commissioners.
(3) That the obligation runs with the land, meaning that as owners of the property change, the
obligation will continue. In this manner, everyone who owns the property that is being
benefitted by the improvements made by the impact fees will share in the c ost of the impact
fees. To ensure this, the agreement will be recorded by the County.
(4) Prior to May 1 of each fiscal year, the feepayer of a parcel assessed would have the right to pay
the outstanding balance owed without penalty.
(5) Any person seeking an agreement shall file with the county manager an application and the
agreement shall be fully executed and recorded prior to issuance of a temporary or final
certificate of occupancy or payment of impact fees.
07/11/2017
The following is the proposed implementation plan that will provide the necessary information and
framework for the pilot program in advance of the delayed effective date.
(1) Identify interim staffing needs and begin process to hire temporary employee(s)
(2) Meet with governmental stakeholders, including the Immokalee Fire District, District School
Board of Collier County, Collier County Tax Collector and Collier County Property Appraiser
and Collier County Clerk of the Circuit Courts (Finance group) to determine interest in
participation and program parameters.
(3) Contact a test group of banks, lending institutions and/or financial groups to identify any
programmatic limitations or challenges.
(4) Initialize Standard Form Agreement preparation and interlocal agreement updates (as neede d),
including program applications, lien instruments, affidavits for Certificate of Adequate Public
Facilities Program and Agreements with Property Appraiser and Tax Collector.
(5) Fast Track any needed approvals from governmental stakeholders.
In addition, the following items will be finalized prior to implementation:
•Program Interest Rate
•Term (specified length)
•Administrative Fees, including Property Appraiser and Tax Collector
•Recording Fees
To prevent unintended consequences, the Board will annually review this Pilot Program, with staff
preparing regular updated reports that any Commissioner can review.
FISCAL IMPACT: Fiscal impacts, both positive and negative, are presently unknown, however, as
provided above, the pilot program will be tracked, including annual reports to the Board.
GROWTH MANAGEMENT IMPACT: Objective 2 of the Capital Improvement Element (CIE) of the
Collier County Growth Management Plan (GMP) states: “Future development will bear a proportionate
cost of facility improvements necessitated by growth” which is accomplished, in part by the payment of
impact fees. The pilot program provides for the payment of impact fees in installments.
Additionally, Policy 1.9 of the Economic Element of the GMP provides: “Collier County, in response to
the current and projected needs of its residents, will encourage a diverse mix of housing types, sizes,
prices, and rents” and Objective 3 of the Economic Element states: “Collier County will support
programs which are designed to promote and encourage the recruitment of new industry as well as the
expansion and retention of existing industries in order to diversify the County's economic base.”
The intent of the pilot program is to determine whether allowing the payment of impact fees by an
installment program, as a voluntary alternative to paying the fees in a single, up -front payment, will have
a positive effect on both the costs of housing and economic growth, and is consistent with the goals and
objectives of the Economic Element of the GMP as listed above.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. - JAK
07/11/2017
RECOMMENDATION: To establish a pilot program in Immokalee allowing the payment of impact
fees by an installment program, as a voluntary alternative to paying the fees in a single, up-front payment,
with a delayed effective date of October 1, 2017.
Prepared by: Jeffrey A. Klatzkow, County Attorney and
Paula Fleishman, Senior Operations Analyst
Capital Project Planning, Impact Fees and Program Management Division
Growth Management Department
ATTACHMENT(S)
1. legal ad - impact fee pilot program (PDF)
07/11/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.C
Doc ID: 3476
Item Summary: Recommendation to establish a pilot program in Immokalee allowing the
payment of impact fees by an installment program, as a voluntary alternative to paying the fees in a
single, up-front payment with a delayed effective date of October 1, 2017.
Meeting Date: 07/11/2017
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
07/05/2017 11:48 AM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
07/05/2017 11:48 AM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 07/05/2017 11:59 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/05/2017 3:12 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 07/05/2017 3:29 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 07/05/2017 3:59 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, July 11, 2017, in the
Boardroom, Third Floor, Administration Building, Collier County
Government Center, 3299 Tamiami Trail East, Naples, Florida, the
Board of County Commissioners, will consider the enactment of
a County Ordinance. The meeting will commence at 9:00 A.M.
The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, ESTABLISHING AN IMPACT FEE
INSTALLMENT PAYMENT PILOT PROGRAM FOR THE IMMOKALEE
COMMUNITY DEVELOPMENT AREA, PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
A Copy of the proposed Ordinance is on file with the Clerk to the
Board and is available for inspection. All interested parties are
invited to attend and be heard. .
NOTE: All persons wishing to speak on any agenda item must
register with the County administrator prior to presentation of
the agenda item to be addressed. Individual speakers will be
limited to 3 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged.
If recognized by the Chairman, a spokesperson for a group or
organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a minimum
of 3 weeks prior to the respective public hearing. In any case,
written materials intended to be considered by the Board shall
be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All material used in
presentations before the Board will become a permanent part
of the record.
Any person who decides to appeal a decision of the Board
will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you area person with adisability who needs any accommodation
in order to participate in this proceeding, you are entitled, at no
cost to you, to the provision of certain assistance. Please contact -
the Collier County Facilities Management Department, located
at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112, (239) 252-8380. Assisted listening devices for the
hearing impaired are available in the County Commissioners'
Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA .
PENNY TAYLOR, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Cannon, Deputy Clerk
(SEAL)
June 28, 2017 No.1666447