Agenda 03/08/2011 Item #10A
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3/8/2011 Item 10.A.
EXECUTIVE SUMMARY
Recommendation to approve, and authorize the Chairman to sign, a Charitable Organization
Impact Fee Deferral, in the amount of $100,000, for New ,Hope Ministries, Incorporated in
accordance with Section 74-203(i) of the Collier County Code of Laws and Ordinances which
provides criteria for impact fee deferrals available to charitable organizations
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chainnan to sign, a Charitable Organization Impact Fee Deferral, in the amount of $100,000 for
New Hope Ministries, Incorporated (New Hope) in accordance with Section 74-203(i) of the
Collier County Code of Laws and Ordinances which provides criteria for impact fee deferrals
available to charitable organizations.
CONSIDERATIONS: Section 74-203 (i) of the Collier County Code of Laws and Ordinances
( Code) provides criteria for the deferral of impact fees for charitable organizations and charitable
trusts. The program, originally adopted as a waiver program in 2001, provides a 10-year
deferral of impact fees for specified, tax exempted, not-for-proflt, charitable entities that provide
specified services of substantial benefit to low income residents of Collier County. Religiously-
affiliated organizations are authorized to participate, provided that the services are provided in a
non-discriminatory manner. Further, deferrals are available only to entities that solely provide
services to citizens of the United States or legal aliens that pennanently reside in the United
States.
Under the adopted provisions, an applicant may be provided a deferral in an amount up to
$100,000 and the cumulative total of deferral granted per fiscal year may not exceed $200,000.
A lien is placed on the subject property, in the amount of the impact fees due, as security. In
Fiscal Year 2011, New Hope is the first organization to apply for a deferral. There were no
applications for deferral under this program in Fiscal Year 2010. Recipients of waivers or
deferrals in past years include Collier Health Services, Fun Time Academy, Neighborhood
Health Clinic and First Assembly of God.
On December 14, 2010, representatives from New Hope petitioned the Board (Item 6B)
regarding impact fees related to the new fellowship hall/gymnasium building being constructed
on the New Hope property. The following is the history related to the subject project.
Building pennit #2006064979 for a fellowship hall, gymnasium, and classrooms was submitted
on June 29, 2006. During the Site Development Plan (SDP) process, County staff discussed the
use of the building with the applicant/church representatives and it was detemlined that a portion
of the new building would be used for overflow church seating until the sanctuary could be
expanded. The estimated timing of starting the sanctuary expansion would be prior to the
issuance of a Certificate of Occupancy (CO) for the fellowship hall/gym.
After submission of the building pennit, staff again discussed the intended use of the building.
The applicant confirmed that a portion of the building would be used for overflow church seating
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3/8/2011 Item 10.A.
only until the sanctuary was expanded. Further, the remaining portions of the building would be
used only for church related activities.
Based on the information above, the new fellowship hall/gym building was classified as
"accessory'" therefore only requiring the assessment of Fire and Utility Impact Fees, as the
building would not create demand in excess of that already generated by the church building.
The applicant/church representatives were advised that if the expansion to the sanctuary was not
in process by the time the fellowship hall/gym building reached CO, additional impact fees
would apply, as the building would not be considered accessory if it was utilized for church
seating or utilized for non-church functions (i.e. rented out for meetings, parties, etc.).. A CO
hold was placed on the building permit in order for staff to confinn the above. The Building
Permit was issued February 18,2009.
In November of 2010, church representatives contacted staff regarding the CO hold, as
construction on the building was nearing completion. Staff was advised that due to economic
circumstances, the church would not be moving forward with the sanctuary expansion and would
be using the fellowship hall/gym for overflow seating. Further, the remaining portions of the
building would now be available for public uses, rather than limited to church activities only, as
originally indicated. Based on these changes to the intended use of the building, additional
impact fees, in the total anlount of $245,204.04 were calculated for the structure.
As pmt of the Public Petition, the church representatives were seeking a payment plan for the
impact fees due. However, the Code does not have provisions related to impact fee payment
plans, except for those utilized for mandated utility connections. Further, the Board has not
approved any payment plans in the past, outside of those arising from legal settlement
agreements.
The direction provided by the Board related to the Public Petition was as follows: 1) that the item
be brought back as a regular agenda item, in which staff would provide options to address the
impact fee issue, including the public benefit to any assistance being provided and 2) issue a
Temporary Certificate of Occupancy (TCO) to allow the building to open and afford staff time to
work with the petitioner to develop an appropriate solution to the matter.
Staff has been working with the applicant to identify potential solutions to the issue or identify
existing impact fee programs that the church may qualify for to provide an offset to the fees due.
Additionally, staff has been discussing the potential uses of the new building, which consists of
two stories, to clearly identify the square footage subject to impact fee assessment. The
following are potential solutions:
1) Assess impact fees based on the square footage of the fIrst floor, which will be utilized
for seating for church services, public meetings, events, etc. The second floor square
footage, consisting of offices and classrooms, will not be considered in the calculation of
the impact fees as it will be utilized for church-related activities, and therefore will not
create additional demand. The total due under this scenario is $159,245.44. Further,
allow New Hope to participate in the existing Charitable Organization Impact Fee
Deferral Program, under which up to $100,000 of the applicable impact fees may be
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3/8/2011 Item 10.A.
deferred for a period of ten years. In earlier discussions with church representatives,
sufficient documentation had not been provided to establish the church's eligibility for
the program. However, the church has since provided additional information to support
their application to the program and consideration by the Board. New Hope would pay
the balance of the impact fees due, totaling $59,245.44.
2) Modify the existing Charitable Organization Impact Fee Deferral Program by raising the
cap on the amount an organization may receive and allowing for payment over time.
This option would require an amendment to the Code in order to address the changes.
Further, payment plans would need to be limited in length of time, would require an
annual payment agreement, would include an interest component and valid lien on the
property, which would be subject to foreclosure if default occurred.
Other options utilized by Florida jurisdictions include payment plans for impact fee assessments
that exceed a specified threshold and exemption of not-for-profIts from the payment of impact
fees.
Because it has been established that New Hope qualifies to apply for the Charitable Organization
Impact Fee Deferral Program, staff recommends that Option 1 be utilized. This approach
maintains consistency 'with the adopted policy and program and does not require changes to the
existing program or development of a new program.
The infonnation below provides an overview of the services provided by New Hope, which is
the basis for application to the Program. New Hope is a 501(c)(3) Organization, and has
provided documentation of that status. Additionally, representatives from New Hope were
advised of the conditions related to residency of those being provided services and have no issue
complying with the requirements of the program.
· Provides in excess of $25,000 annually to benevolence for rent, food, utilities, etc. for the
needy.
· Works with the Harry Chapin Food Bank to distribute food to approximately 75 families
a month. The new building will provide expanded dry storage and refrigeration space.
· Works with Angel Tree Prison ministries to provide toys for families of the incarcerated.
· Distributes bicycles to the needy at Christmas (in excess of 120).
· Holds food drives for Harry Chapin and Helps Outreach.
· Supports "Undies Sunday" in Collier County to collect underwear for needy children.
· Financially supports St. Matthew's House, Helps Outreach, Fellowship for Christian
Athletes of Collier County, The Sunlight Home (for unwed mothers) and the Shelter for
Abused Women.
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3/8/2011 Item 10.A.
· Community support during times of crisis, such as hurricanes, to distribute food and
water and clear debris and do repairs.
Additionally:
· The kitchen in the new building will be utilized to feed the needy during the holidays.
· A substantial investment was made to harden the new building and it will serve a.s a
hurricane shelter for the community.
New Hope has submitted a complete request for the Charitable Organization Impact Fee Defe!'J.lJl
and has provided details of the services that are provided that are "of substantial benefit to low
income residents of Collier County."
FISCAL IMP ACT: If the Board of County Commissioners elects to defer the specifIed impact
fees (below) the fiscal impact to the County would be the loss of this prospective income to the
impact fee trust funds for the 1 a-year period of the deferral. A lien will be pla.ced on the subject
property, in the amount of the impact fees due, as security. At the direction of the Board, the
program does not have an interest component.
The current year's remaining balance available for charitable organization impact fee deferrals is
$200,000. The maximUll1 amount the applicant may receive is $100,000. The impact fees
proposed to be deferred, associated with this project, are detailed in the following table. Impact
fees for Water, Sewer and Fire are not eligible for deferral; however, those fees were paid at
issuance of the Building Pennit.
Impact Fees
Assessed
Road District 2)
Correctional Facilities
EMS
Government Buildings
Law Enforcement
Total
Recommended Deferral Amount
$ 92,319.89
$ 1,478.55
$ 796.71
$ 4,658.39
$ 746.46
$100,000.00
The subject property will be monitored by the staff of the Impact Fee Administration section of
the GroVlrt:h Management Division. In the event that the property/husiness is sold, no longer
operates as a facility that qualifIes for the charitable organization program and/or if the business
ceases to legally operate, the impact fees will become hmnediately due and payable as detailed in
the defelTal agreement. This monitoring takes place as long as the use of the property remains
eligible for the charitable organization program and will be discontinued when the impact fees
are repaid, in full, to the County.
GROWTH MANAGEMENT IMPACT: This request is consistent with Policy 1.1 of the
EconOlnic Element of Collier County's Growth Management Plan which states: "Collier County
will encourage the development of diverse cultural facilities through public, private, or
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3/8/2011 Item 10.A.
public/private partnerships that meet the needs of the residents and visitors of the County." And
Objective 4 (Nonprofit and Civic Organizations and Local Groups/Programs) of the Economic
Element of the GMP which states: "Collier County will support the economic development
goals, efforts and community involvement of nonprofIt organizations, civic associations and
local groups and programs."
LEGAL CONSIDERATIONS: This item was reviewed by the County Attorney and is legally
sufficient for Board action. A simple majority vote is required for approval. - JAK
RECOMMENDATION: That the Board of County Commissioners approves, and authorizes
the Chairman to sign, a Charitable Organization Impact Fee Deferral, in the amount of $1 00,000
for New Hope Ministries, Incorporated in accordance with Section 74-203(i) of the Collim-
County Code of Laws and Ordinances which provides criteria for impact fee deferrals available
to charitable organizations. .
Prepared by: Amy Patterson, Impact Fee and Economic Development Manager
Growth Management Division - Planning and Regulation
Attachments:
1) Proposed Deferral Agreement; 2) Executive Summary (Item 8A - May 13,2008)
3) Minutes - Item 6B - December 14, 2010
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3/8/2011 Item 10.A.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 10.A.
Item Summary: Recommendation to approve, and authorize the Chairman to sign, a
Charitable Organization Impact Fee Deferral, in the amount of $100,000, for New Hope
Ministries, Incorporated in accordance with Section 74-203(i) ofthe Collier County Code of
Laws and Ordinances which provides criteria for impact fee deferrals available to charitable
organizations
Meeting Date: 2/22/2011
Prepared By
Name: PattersonAmy
Title: Manager - Impact Fees & EDC,Business Management &
1/21/2011 2:53:19 PM
. Approved By
Name: PuigJudy
Title: Operations Analyst, CDES
Date:2/1/20]12:51:10PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 2/2/2011 7:45:48 AM
Name: FederNorm
Title: Administrator - Growth Management Div, Transportati
Date: 2/2/2011 7:53:08 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/1012011 10:14:35 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Manage
Date: 2/14/20] 1 2:38:35 PM
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Name: OchsLeo
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3/8/2011 Item 10.A.
Title: County Manager
Date: 2/14/2011 3:46:38 PM
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3/8/2011 Item 10.A.
Prepared by:
Jeffrey A. Klatzkow
Collier County Att'y.
3301 Tamiami Trail East
Naples, FL34112
This space for recording
AGREEMENT FOR DEFERRAL OF COLLIER COUNTY IMPACT FEES
CHARITABLE ORGANIZATION IMP ACT FEE DEFERRAL PROGRAM
This Agreement for the Deferral of Impact Fees is entered into this _" day of
, 2011, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as "County," and
New Hope Ministries, Incorporated, hereinafter referred to as "Charitable Entity," collectively
referred to as the "Parties."
RECITALS:
WHEREAS, Sec. 74-203(i) of the Collier County Consolidated Impact Fee Ordinance, as
amended, provides for deferrals of impact fees for qualified charitable organizations and
charitable trusts (hereinafter referred to as the "Charitable Organization Impact Fee Deferral
Program"); and
WHEREAS, Charitable Entity has applied for a deferral of $100,000 in impact fees as
authorized by the Charitable Organization Impact Fee Deferral Program. A copy of this request
is on file in the Impact Fee Administrator's office; and
WHEREAS, the County Manager, or his designee, has reviewed the Charitable Entity's
request and has found that it complies with the requirements for deferral of impact fees as
outlined in the Charitable Organization Impact Fee Deferral Program; and
WHEREAS, by signing this Agreement, the County hereby approves a deferral of impact
fees subject to the conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
. the Parties covenant and agree as follows:
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3/8/2011 Item 10.A.
1. The foregoing Recitals are true and correct and are incorporated by reference herein.
2. The address and legal descriptio"n of the property which is the subject of this impact
fee deferral (hereinafter referred to as the "Subject Property") is attached as Exhibit "A."
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3. The County hereby defers the sum of $100,000 in impact fees, which Charitable
Entity acknowledges would be otherwise due and owing. These deferred impact fees are
itemized in Exhibit "B."
4. These impact fees will be deferred for a period of ten years from the date of this
agreement, so long as the Charitable Entity utilizes the Subject Premises in the manner set forth
in the request. Should this stated use end for any reason whatsoever, or should the Charitable
Entity lose its status which qualifIed it for eligibility under the Charitable Organization Impact
Fee Deferral Program, then this deferral period will end, and the deferred impact fees will be due
and owing. Charitable Entity shall provide County within 30 days of written request with proof
of its continued eligible status on request, failing which County may terminate this deferral.
5. This Agreement is personal to the Charitable Entity, and as such, this Agreement may .
not be asSigned or otherwise transferred to anyone without County's prior written consent, which
consent may be freely withheld.
6. This Agreement and the deferral of impact fees will constitute a lien on the Subject
Property, which lien may be foreclosed upon in the event of non-compliance with the
requirements of this Agreement
7. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the parties hereto or by their successors in interest. All notices and
other communications required or permitted hereunder shall be in writing and shall be sent by
Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service,
and addressed as follows:
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3/8/2011 Item 10.A.
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To County:
Collier County
Growth Management Division
2800 North Horseshoe Drive.
Naples, Florida 34104
Attn: Amy Patterson
To Charitable Entity:
New Hope Ministries, Incorporated
7675 Davis Blvd. .
Naples, Florida 34104
Attn: Church Administrator
Notice shall be deemed to have been given on the next successive business day to the date of
the courier \yaybill if sent by nationally recognized overnight delivery service.
8. This Agreement shall be recorded by the County in the Official Records of Collier
County, Florida, within fourteen (14) days after the County enters into this Agreement. The
County shall provide a copy of the recorded document to Charitable Entity upon request.
9. In the event of a dispute under this Agreement, the parties shall fIrst use the
County's then-current Alternative Dispute Resolution Procedure. Following the conclusion of
this procedure, either party may file an action for relief in the Circuit Court of Collier County to
. enforce the terms of this Agreement, which shall be the sole venue for any such disputes.
REMAINDER OF P AGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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3/8/2011 Item 10.A.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed .
by their appropriate officials, as of the date first above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRED W. COYLE, CHAIRMAN
AS TO CHARITABLE ENTITY:
WITNESSES:
NEW HOPE MINISTRIES, INC.
Print Name:
By:
Print Name:
Print Title:
Print Name:
.
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this . day of
, 2011, by . as of New Hope Ministries,
Incorporated, who is personally known to me or has produced as
identification.
WITNESS my hand and official seal this
day of
, 2011.
Notary Public
NOTARY RUBBER STAMP SEAL
OR EMBOSSED SEAL
Printed Name
Commission No.
Expiration Date
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3/8/2011 Item 10.A.
EXHIBIT "A"
LEGAL DESCRIPTION OF CHARITABLE ENTITY ADDRESS
The East one-half (1/2) of the West one-half (1/2) of the Southeast one quarter (114) of the
Southwest one-quarter (114) of Section 4, Township 50 South, Range 25 East, less the South
75 feet for purposes of road right-of-way.
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3/8/2011 Item 10.A.
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EXHIBIT "B"
DEFERRED IMP ACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. Correctional Facilities $ 1,478.55
B. EMS Impact Fee $ 796.71
C. General Government Building Impact Fee $ 4,658.39
D. Law Enforcement Impact Fee $ 746.46
E. Road Impact Fee $ 92,319.89
TOTAL DEFERRED IMPACT FEES
$100,000.00
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3/8/2011 Item 10.A.
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners ~onsider
adopting an Ordinance amending the Collier County Consolidated Impact
Fee Ordinance, which is Chapter 74 of the Collier County Code of Laws and
Ordinances, by incorporating the directed changes to the Charitable
Organization Impact Fee Deferral Program
OBJECTIVE: That the Board of County Commissioners (Board) consider adopting an
Ordinance amending the Collier County Consolidated Impact Fee Ordinance, which is
Chapter 74 of the Collier County Code of Laws and Ordinances, by incorporating the
directed changes to the Charitable Organization Impact Fee Deferral Program.
CONSIDERATIONS: On October 9,2001, the Board adopted Ordinance No. 2001-54,
amending Chapter 74 of the Collier County Code of Laws and Ordinances (Code), to
establish a program authorizing waivers from payments of impact fees for specified tax
exempted, not-for-profit, charitable entities that provide specified services of substantial
benefit to low income residents of Collier County (Charitable Organization Waiver
Program).
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On June 28, 2005, the Board adopted Ordinance No. 2005-31, amending Section 74-
203(i) of the Code, to provide an increase in the maximum waiver for which an applicant
is eligible as well as the annual budget for the program. These provisions allowed for an
impact fee waiver for qualifying applicants of an amount not-to-exceed $100,000 per
applicant. The cumulative total of waivers that may be granted per fiscal year is limited to
$200,000.
On April 10, 2007, the Board considered a request by Collier Health Services,
Incorporated to participate in the Charitable Organization Waiver Program (Item lOA).
During the discussion related to the item, the Board directed the County Manager (or his
designee) in coordination with the County Attorney's Office to revise Section 74-203(i)
of the Code, changing the waiver program to a deferral program for specifIed charitable
organizations. The directed changes would allow the applicable impact fees to be
deferred so long as the Charitable Entity utilizes the subject premises in the manner set
forth in the application. Should the stated use end or should the Charitable Entity lose its
status which qualified it for eligibility under the Charitable Organization Impact Fee
Deferral Program, then the deferral period would end, and the full impact fees would be
due and owing.
In accordance with the direction above, the Board adopted Ordinance No. 2007-57 on
June 26,2007, which incorporated the specified changes to the program. The Ordinance
has a delayed effective date of January 1, 2008, however, each Charitable Organization
that applies for the program is advised that theirappli cable impact fees will be deferred,
if approved by the Board, rather than waived. The agreement prepared by the County
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Attorney's Office also reflects a deferral of impact fees as well as the terms required to
maintain the deferral.
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On September 25,2007 during the consideration of item lOG, which was a request for a
Charitable Organization Impact Fee Deferral by Fun Time Early Childhood Academy,
Incorporated, the Board discussed developing a strategy for repayment of the deferrals.
The Board specified that options developed for the repayment should not adversely effect
the organization and directed the County Manager to have staff prepare alternatives for
the Board's future consideration. This direction was further reiterated on October 9,
2007 during the discussions on item 6C related to the St. Matthew's House Wolfe
Apartments.
During the regular Board of County Commissioners meeting o~ November 11,2007, the
Board directed that the proposed changes to the Charitable Organization Impact Fee
Deferral Program be reviewed by the Productivity Committee and their recommendations
be provided to the Board.
The Productivity Committee assigned a sub-committee to review this matter which met
on December 6,2007. This issue Was also discussed by the full Productivity Committee
at their regular meeting on December 12,2007.
On February 26, 2008, the Board directed the County Manager (or his designee) and the
County Attorney to amend the provisions of the Charitable Organization Impact Fee
Deferral Program to incorporate the following changes:
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1. Eligibilitv: The deferral program will continue with the original intent to
provide services of substantial benefit to very low and low income residents of
Collier County at no charge or at reasonable, reduced rates. However,
religiously-affiliated organizations will be allowed to participate provided that
the services are provided in a non-discriminatory manner.
2. Impact Fee Tvpes Eligible for Deferral: Impact fee deferrals will not be
granted for Water or Sewer Impact Fees.
3. Repavment: A straight deferral will be provided to the qualifying entity for a
specified period of time with the total impact fees due at the conclusion of the
term, without interest. A lien will be placed on the subject property, in the
amount of the impact fees due, as security.
4. Residencv: Deferrals are available only to entities that solely provide services
to citizens of the United States or legal aliens that permanently reside in the
United States.
The directed changes have been incorporated into the attached Ordinance amendment
being presented for the Board's consideration. With respect to the provisions for
repayment (#3 above), staff and the County Attorney's Office are recommending a term
of 10 years for the deferral, which is consistent with the term for the Community
Workforce Housing Innovation Program (CWHIP) and Affordable Rental Deferral
Program.
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3/8/2011 Item 10.A.
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This item, which was to be heard April 22nd, was continued by the Board in part due to a
concern of how to address the issue where entities which have been granted impact fee
deferrals were required by new State or Federal mandates to provide services to persons
who may not be' legal residents. After reviewing the issue, the County Attorney
suggested that in such an unlikely event, that the entity not be deemed to be in violation
of the Ordinance or any lien agreement, and language to that effect has been added to the
proposed ordinance.
FISCAL IMPACT: The fiscal impact of this program is the loss of this prospective
income to the impact fee trust funds for the term of the deferral agreement. The Program
is limited to a total of $200,000 in deferrals per fiscal year.
GROWTH MANAGEMENT IMPACT: The proposed changes to the Charitable
Organization Impact Fee Deferral Program are consistent with Objective 4 (Nonprofit
and Civic Organizations and Local Groups/Programs) of the Economic Element of
Collier County's Growth Management Plan which states: "Collier County will support
the economic development goals, efforts and community involvement of nonprofit
organizations, civic associations and local groups and programs."
LEGAL CONSIDERATIONS: The proposed changes to the Charitable Organization
Impact Fee Deferral Program are legally sufficient for Board consideration and approval.
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RECOMMENDATION: That the Board of County Commissioners consider adopting
an Ordinance amending the Collier County Consolidated Impact Fee Ordinance, which is
Chapter 74 of the Collier County Code of Laws and Ordinances, by incorporating the
directed changes to the Charitable Organization Impact Fee Deferral Program.
Prepared by: Amy Patterson, Impact Fee and Economic Development Manager
_ Business Management and Budget Office, CDES
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3/8/~0~1Item 10.A.
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COLLIER COUNTY
BOARD OF COUNTT' COMMISSIONERS
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Item Number:
Item Summary:
8A
This item to be heard at 1:00 p.m. This item continued from the April 22, 2008 BCC Meeting.
Recommendation that the Board of County Commissioners consider adopting an Ordinance
amending the Collier County Consolidated Impact Fee Ordinance, which is Chapter 74 of the
Collier County Code of Laws and Ordinances, by incorporating the directed changes to the
Charitable Organization Impact Fee Deferral Program.
5/13/2008 9:00:00 AM
Meeting Date:
Prepared By
Amy Patterson
Impact Fa~ Manager
Date
Community Development &
Envlronment"l Services
Financial Admin. & Housing
3/28/2008 11 ;08:02 AM
Approved By
,lames W. DeLony
Public Utilities Administrator
Date
;;ub!~c Uti!ibes
Public Utilities. P.dministration
, 4/21200610:21 AM
Approved By
Joseph K. Schm,tt
Community Development &
Environmental Services Adminstrator
Date
Cummllnity Dev",!cpment &
Environmental Ser'ices
Community Development &
Environmental Services Admin.
4i9/2008 8:43 PM
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Approved By
G~rr~tt fi,.1ufl(!a
Financial Operations Manager
D.~.
~li.t;t
Community De','ch:'pm~mt &
EnvlrOnlmmta~ Services
Financiai Admin. & Housing
4J10!200!! 8:02 AM
Approved By
.Iud)' Puig Operations Analyst
Date
Cc.mmunity :.)evelopment & Community Development Ii
Errl/tr0nmentz:.; Sc,r ,";::-ns Environn~entaj Services Admin~
5f1!2C08 8:27 ~_M
Approved By
.!"f[ t<tatzllow
As:;istant County Artomey
f)at~
CO'J<"ty j-.ttorney
County Attorney Office
5i1!2/j081:4C PM
Approved By
Of,iS Coordinator
or,!!B Coordinator
Date
Goun~y IViiH"!age-j.:;; Office
Ofti::e of Managem::mt & Bm;get
5/1:2003 3:~O F'i'.n
Approved By
Susan li~-her
Senior Management/Budget Analyst
Datg
Cuun{y Maniiger~~~. c)ff~ce
Office of Management & Budget
5/212008 2:D5 PM
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5/7/2008
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3/8/2011 Item 10.A.
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Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Ma!1ager'~ Office
5/5;200812:10 PM
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3/8/2011Itern 10.A.
December 14, 2010
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Item #6B
PUBLIC PETITION REQUEST BY RANDY JOHN OF
PHOENIX ASSOCIATES OF SOUTH FLORIDA, INC.,
REQUESTING A 48-MONTH PAYMENT PLAN FOR
IMP ACT FEES FOR NEW HOPE MINISTRIES - STAFF TO
BRING BACK AT A FUTURE BCC MEETING WITH
ALTERNATIVES AND ISSUING A TEMPORARY CO-
APPROVED
MR. OCHS: Yes, sir. 6B's a public petition request by
Randy Johns of Phoenix Associates of South Flo1i.da, Inc., .
requesting a 48-month payment plan for impact fees for New
Hope Ministries.
Mr. Johns?
MR. JOHNS: Thank you. I'm here to represent the New
Hope Minist1i.es today.
Back in 2006 I applied for a permit to build a multi-purpose
building at New Hope. At the time that we applied, we said that it
was going to be an accessory building to our main church.
During the process of us building this lTIulti-purpose
building, we were to enlarge our sanctualY. But due to the
econonuc turndown, we have not been able to frnance that
construction, so we have not started it.
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Today we are ready to pick up our CO for our multi -prnpose
building, and the impact fees that now are going to be required to
be paid because we didn't enlarge our sanctuary -- or we have to
sign an affidavit we're not going to rent to the public or bring
anyone into the building unless they're members.
So I'm coming today to ask you guys to give us a payment
plan. I would like to revise that to a ten-year payment plan
because it's $245,000, and right now the church doesn't have it.
Our loan has matured, and we can't go back and revise it.
And we just need some help, because I've got them in a situation
now where they've got a big building to fmished. They can't open
that building unless I pay the unpact fees, and we don't have the
money right now. So I'm just coming to you guys to tlY to help
lne get out of tIns situation.
. CHAIRMAN COYLE: Yeah. I'd like -- you want to ask a
question before the staff makes a presentation?
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COMMISSIONER COLETTA: Well, go ahead. I was
going to ask questions of staff that would lend towards a
presentation.
CHAIRMAN COYLE: All right. Your chance is hittu1g
now.
COMMISSIONER COLETTA: Thank you. Appreciate it.
Nick, when we're talking about in1pact fees, of course one of
the conce111S that the county would always have is the fact that,
how do you grant an exception? What would be the reason for a
special exception without opening up the doors for the rest of the
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community in such a way that would raise all sorts of problems in .
bringing in a revenue stream that would be predictable?
I would assume that there's several different ways to do it,
and I would like to hear from you, and if it sounds like there's
something that we can work with, I'd like to make a motion at that
time to bring this back for the regular agenda at a future meeting.
MR. CASALANGUIDA: Sure. I think fIrst he's got to --
the Certificate of Occupancy's waiting to be picked up. We could
issue a TCO if it was the board's direction, a temporary
certificate.
CHAIRMAN COYLE: Can you speak up a little bit more --
MR. CASALANGUIDA: Sure.
CHAIRMAN COYLE: -- Nick. We're not picking you up.
Is the mike on?
.
MR. CASALANGUIDA: Yeah. I don't think the mike's
picking up, Commissioner. There it goes.
CHAIRMAN COYLE: No, that was mine.
MR.OCHS: Try the hand-held. Speak right into it.
MR. CASALANGUIDA: I think that's working. The fIrst
issue is the temporary CO. We could issue that with the board's
direction.
With regard to the impact fees, we always risk, when you
have under public petition, people requesting paynlent plans that
don't fall into the typical ordinance deferrals or things like that.
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Amy has said -- and I'll let her elaborate a little bit more in a
minute -- that we can look into the requirement for charitable
organizations. They may qualify based on some new information
we received.
The issue is, if you're going to want us to look at this as an
option, I'd like to bring it back and tell you what the impact would
be for all charitable organizations rather than, you know, looking.
at this just right now as a public petition.
So if we issue the TCO, that would give you 90 days to look
at that. We may frnd that they qualify under the existing
ordinance, and that would solve everything. If they do not and
you wanted us to bring back some ideas of how to work with
charitable organizations on a payment plan, two things I want.
You know, are you asking me to do it for all impact fee categories
or just, you know, roads? But I think he's got more than roads in
terms of tIns building.
But that's where we are today right now, and I could do that
within 90 days if so directed.
COMMISSIONER COLETTA: Yeah. If I may, I got--
CHAIRMAN COYLE: COlnmissioner Coletta, go ahead.
COMMISSIONER COLETTA: Yeah, if I may fmish up.
, Nick, there's some -- we'd have to recognize some SOli ofa
special circulnstance to be able to bring us to that point. And I
believe that special circumstance is, what would be the public
benefit? And the public benefit would be is that, for reasons that
I'ln not sure why, they spent a considerable sum of money to
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harden this building and to make it a hurricane shelter that will be .
used by the community.
So when this is brought back, if my fellow commissioners
agree to do so, could you work that into the equation to see if that
would suffice for a public benefit?
:MR. CASALANGUIDA: I could. I think we talked about
looking at nonprofits. Again, whenever we start doing deferral
programs --
COMMISSIONER COLETTA: I understand.
:MR. CASALANGUIDA: -- or payment plans, we risk that.
But I think we'll bring you back a full report, and I will look at
that as an option.
COMMISSIONER COLETTA: And I, as one
commissioner, would like to see it come back with the idea that
we have the -- we have an obligation to continuously review what
we're looking at, not that we're going to change it, but to be able
to see what the other options are that are out there, and I would
make a motion to bring it back.
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COMMISSIONER FIALA: Second.
CHAIRMAN COYLE: Okay. Motion by Commissioner
Coletta, and a second by Comnussioner Fiala, to bring this back
for a regularly scheduled meeting.
Conllnissioner Hennin g?
COMMISSIONER HENNING: Nick, why wasn't the
impact fees collected at permit?
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NlR. CASALANGUIDA: I believe we had put a permit
hold on it because they were coming in with the second building,
and that's the way it was set up in terms of the -- we would not
issue the CO unless the impact fees were paid.
And I think Amy might have a little more background on
that.
COMMISSIONER HENNING: Yeah. You're not supposed
to issue permits until the impact fee~ are paid.
MS. PATTERSON: That's COITect. Amy Patterson, for the
record.
The circumstance with this -- and we've been working with
the applicant since the site plan process. This was classified as an
acceSSOlY building. It was going to have only overflow seating in
the interim period until they pelmitted the sanctuary expansion,
and it was not going to be used for outside people, only for church
activities. So we have had this situation before.
When classified as an accessory building, they do not --
they're not subj ect to impact fees because they don't create
additional demand. The CO hold was placed on the permit to
ensure that they had applied for the sanctuary expansion prior to
the CO of tIns building. .And they came to us and explained their
situation that they're not moving fOlward with the sanctuary
expansion and they've had some opportunities to use a pOltion of
this building for sonle public activities. And so intention has
changed fi.Ol11 that at site plan and building pemnt.
COMMISSIONER HENNING: Right. Okay. Now I
understand. Well, it is an acceSSOlY use to the church, and I don't
know of a church that doesn't invite the community in.
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So to me it sounds like it's a misunderstanding, you know, .
the application of this building.
The impact fees are supposed to be collected at permit.
Because of the misunderstanding, now it is found money by the
county. We wasn't anticipating these funds, so it's an added value
because of the misunderstanding.
So I don't know why we're going to take a look at making a
policy for all not-for-profits when the real issue is~ it was a
misunderstanding, the county's now going to collect extra impact
fees. I would rather see this as a special exception because of
errors on both parts.
Mr. Klatzkow?
COMMISSIONER FIALA: We should just bring this back.
CHAIRMAN COYLE: We can deal with those details when
we bring it back.
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COMMISSIONER HENNING: Well, you know, we're
talking about deferrals of impact fees for not- for-profits, and I
have a little bit of a concern about that because in our CD -- CBG
(sic) funds or our housing funds, we defer payments, and over and
over again we're having to amend that because of, gee, I didn't
know or, hey, because of the econolny I don't have the funds. I
tillnk that we need to deal with this issue and this issue only.
Mr. Klatzkow?
MR. KLATZKOW: Well, I'm always concerned when we
defer impact fees, especially for nonprofits, because then we
come to you saying, we need to foreclose on a church, we need to
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foreclose on a housing project, and it's very -- it makes it very
difficult for the board.
COMMISSIONER HENNING: Right.
MR. KLATZKOW: The item needs to come back because
there's a lot of facts here. You may be right, sir; they may not
have to pay impact fees under the ordinance. We'll have to sit
down with the applicant and go through it and make sure. And
staff will make the determination, we'll review it, and we'll com.e
back.
COMMISSIONER HENNING: Okay. Well, I understand
Mr. Johns wants to -- again, that church always welcomes the,
community.
MR. JOHNS: Absolutely.
. COMMISSIONER HENNING: That's what it's all about, a
church, is to bring people in to God. So obviously it was a
misunderstanding on both sides.
CHAIRMAN COYLE: Commissioner Hiller?
COMMISSIONER HILLER: Before I speak, it looks like
Mr. Casalanguida has a cormnent.
MR. CASALANGUIDA: Well, I think we look at each use
whenever there's an impact fee. If it is an intensification of
demand on infrastructure, that's the way we look at it. And we've
always been pretty -- I don't want to say the word lenient, but if
it's an ancillalY use, then it's not an intensification. If it's a
primary use, then they would pay impact fees.
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So we can look at that with what their intended use is, and if .
it is, that's the case, then we would -- they wouldn't pay the
impact fee. But if it becomes a primary use under the ordinance,
then they would pay that fee.
Now, what I mentioned to Amy in a sidebar is that if they
paid the fee and then they went to a primary structure and this
became an ancillary use, that credit could be applied to the
primary structure.
So either way they would get the benefit. We would just
want to look at it consistent with the ordinance.
. COMMISSIONER HENNING: That's fme.
MR. CASALANGUIDA: Okay.
COMMISSIONER HILLER: I would like to add a
comment, and that is, I agree with Mr. Klatzkow; there is a
fundamental risk to deferring impact fees, not only legally, but
fi~om the perspective of the county's fmances.
In effect, the county is being asked to carry the capital cost
of those impact fee deferrals, and that has to be factored in our
budgeting, and I don't think that is.
MR. CASALANGUIDA: We do collect it. We do consider
interest with --
COMMISSIONER HILLER: Do you?
MR. CASALANGUIDA: Yes, we do. We would as part of
this.
COMMISSIONER HILLER: Thank you.
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MR. CASALANGUIDA: You're welcome.
CHAIRMAN COYLE: Okay. We have a motion, I think,
although it hasn't been clearly stated. We have a motion to bring
this back for a full public hearing where the staff will present
appropriate alternatives.
MR. CASALANGUIDA: Understood. I just want to -- is it
ten years you were asking for?
MR. JOHNS: Yeah, ten years. Now, my other option to this
is, I go ahead and sign this affidavit that's saying that, you know,
we're not going to go out to the public and, you know, who's
going to monitor that now and tell us that every person that comes
there has to be a member? I mean, I can sign. I didn't want to go
that route, but if that's the only choice I have to get a CO, then 1'11
sign the affidavit. But then whose job is it to monitor our
melubers?
MR. CASALANGUIDA: Well, I think we'd look at that. I
mean, that's one of the things -- discussions we'll have. If the
intent is to sign an affidavit, and then the intent for a church is not
to provide an intensification, we usually -- you know, we take that
MR. JOHNS: Well, it's not our intent, but right now we
don't have the $245,000. I don't have the option, and I'm going to
be forced into signing this affidavit, because a TCO is fme, but
also in your motion you didn't mention anything about our TCO,
so I'd like to revise that.
But that TCO's not going to help me with the bank and pay
off our subs, and that's where I have another issue right now is
tlying to figure out how to get past that.
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MR. CASALANGUIDA: Commissioners, I think within 90 .
days we can figure this out, so --
CHAIRMAN COYLE: Yeah, of course you can. I mean,
we can't deal with all those problems today. The way this works is
that we generally don't make decisions on public petitions. We
merely hear them to see if we should bring them back for a full
hearing, because there are other people in the community who
might want to have something to say about the decision we might
make. So nying to make a decision on the fly today is not in the
public's best interest.
So we've got a motion, and -- to bring it back, and I tlllnk
that nlotion will pass. But the one thing you have to remember,
as we discussed yesterday, is you mentioned the possibility of
using the building for the purpose of generating rental income for
people who wanted to use it for special purposes. .
MR. JOHNS: Yes, sir.
CHAIRMAN COYLE: That's something that tends to take
it out of the realm where you're merely inviting the public to
attend your religious services.
So there's a distinction there that needs to be considered, and
we need to develop an appropriate policy to deal with. And I
think the staff and the comnussioners are fully supportive of
trying to fmd a solution for you.
MR. JOHNS: Yes, sir.
CHAIRMAN COYLE: So we have a motion to bring this
back for an advertised public hearing and staff to present
alternatives.
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MR. CASALANGUIDA: And issue a Temporary
Certificate of Occupancy.
CHAIRMAN COYLE: Yes, yes.
MR. CASALANGUIDA: Very good.
COl\1Jv1ISSIONER COLETTA: Very good.
CHAIRMAN COYLE: Okay. Is that suitable?
COl\1Jv1ISSIONER COLETTA: Yes.
CHAIRMAN COYLE: Okay. Do you want to call this a
Inotion fi.om Commissioner Henning since he fIrst brought the
issue up, and seconded by Commissioner Coletta, or is it vice
versa?
COl\1Jv1ISSIONER COLETTA: Well, no. 1--
COl\1Jv1ISSIONER FIALA: He made the motion.
COl\1Jv1ISSIONER COLETTA: He made the motion and
Comnussioner Fiala seconded.
CHAIRMAN COYLE: All right. Commissioner Coletta --
COl\1Jv1ISSIONER FIALA: Thank you for trying.
CHAIRMAN COYLE: Well, I was just trying to clarify it.
COl\1Jv1ISSIONER COLETTA: Oh, no. I'nl sony. I'm
thinking of the last nlotion. I nlade the motion and Commissioner
Fiala seconded it.
CHAIRMAN COYLE: Okay. Commissioner Coletta made
the motion, Conmrissioner Fiala seconded it.
All in favor -- is there any other discussion?
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(No response.)
CHAIRMAN COYLE: All in favor, please signify by
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saymg aye.
C01v1MISSIONER FIALA: Aye.
C01v1MISSIONER HILLER: Aye.
CHAIRMAN COYLE: Aye.
C01v1MISSIONER COLETTA: Aye.
C01v1MISSIONER HENNING: Aye.
CHAIRMAN COYLE: Any opposed, by like sign?
(No response.)
CHAIRMAN COYLE: It passes unanimously.
Thank you.
MR. JOHNS: Thank you.
CHAIRMAN COYLE: Good luck.
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We're going to take a ten-minute break. We'll be back here
at 10:42.
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