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Agenda 12/13/2011 Item #13B1W 12/13/2011 ftem 133.1. 1- A- Request for authorization to advertise an ordinance for future consideration which would amend Ordinance No. 2002 -38, as amended, "The Collier County Redevelopment Grant Program Ordinance," by establishing the Residential Infrastructure Grant Program for the Immokalee Community Redevelopment Area. O =CM: To obtain the Board of County Commissioners (Board's) authorization to advertize for future consideration the attached amendment to Ordinance No. 2002 -38, as amended, establishing the Residential Infrastructure Grant program for the Immokalee Community Redevelopment Area and request Board approval for all necessary budget amendments. COIN MX8_NS: Collier County Ordinance No. 2002 -38, The Collier County Redevelopment Grant Program Ordinance, identifies the community redevelopment programs as adopted by the Board which are intended to enhance redevelopment throughout .the Bayshore/Gateway Triangle and the Immokalee Community Redevelopment Areas. At its November 9, 2011 .meeting, the Immokalee Local Redevelopment Advisory Board recommended an amendment to Ordinance 2002 -38, as amended, so as to implement the Immokalee Residential Infrastructure Grant Program with a maximum expenditure of $9,000.00 per developer within the Program. CAI. IlVIPACT: The cost for advertising the proposed ordinance is approximately $400. Funds for the execution of the Immokalee Residential infrastructure Grant program are available in Immokalee CRA Trust Fund (186) for FY2012 ONLY and will not exceed a total Program expenditure of $9,000. CONSISTENCY WITH GROWTH WAGEMENT PLAN The Residential Infrastructure Grant Program furthers the programs and projects within the budgetary and policy guidance and directives of the current Immokalee Area Master Plan UAW) as amended by Ordinance No. 97- 65 on October 27, 1997. Specifically, Goal III of the IAMP entitled "Housing" states: "To create an environment within which all working, disabled and retired residents, and their immediate resident families, will have a reasonable opportunity to procure safe, healthful, and affordable housing consistent with the desired development character of the area as identified in the IA1LfP". Objective III.2, Policy 111.2.1 of the LAW also states: "The County shall pursue research into initiatives as land banking of foreclosed land due to County held liens, land grants from County and other public holdings, as well as tax incentives for private owners who commit to development for affordable housing for very low and low income families". In addition, the Residential Infrastructure Grant Program furthers the programs and pro jects within the budgetary and policy guidance and directives of the Community Redevelopment Packet Page -952- 12/13/2011 Item 13.13.1. n Agency and the Board of County Commissioners in furtherance of Policy 4.2 of the Future Land Use Element of the Growth Management Plan which reads as follows: "The Immokalee Area Master Plan addresses conservation, future land use, population, recreation, transportation, housing, and the local economy. Major purposes of the Master Plan are coordination of land uses and transportation planning, redevelopment or renewal of blighted areas, and the promotion of economic development." LEGAL CONSIDERATIONS: The proposed ordinance was drafted by the County Attorney's Office and is legally sufficient for Board action. A simple majority vote is required to authorize its advertisement. - STW RECOMMENDATION: That the Board of County Commissioners authorizes advertisement of the attached ordinance for future consideration which will amend Ordinance No. 2002 -38, as amended, by establishing the Residential Infrastructure Grant Program for the Immokalee Community Redevelopment Area. PREPARED BY: Bradley Muckel, Project Manager Immokalee Community Redevelopment Agency Attachments: • Draft Ordinance • Residential Infrastructure Grant Program Policies & Procedures Packet Page -953- COLLIER COUNTY Board of County Commissioners Item Number: 13.B.1. 12/13/2011 Item 13.13.1. Item Summary: Request for authorization to advertise an ordinance for future consideration which would amend Ordinance No. 2002 -38, as amended, "The Collier County Redevelopment Grant Program Ordinance," by establishing the Residential Infrastructure Grant Program for the Immokalee Community Redevelopment Area. Meeting Date: 12/13/2011 Prepared By Name: MuckelBradley Title: Project Manager, 11/16/2011 12:01:57 PM Submitted by Title: Project Manager, Name: MuckelBradley 11/16/2011 12:01:58 PM Approved By Name: PhillippiPenny Title: Executive Director, Immokalee CRA, Date: 12/5/20118:41:37 AM Name: WilliamsSteven Title: Assistant County Attomey,County Attorney Date: 12/5/20114:03:59 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 12/6/2011 2:49:47 PM Name: KlatzkowJeff Title: County Attorney, Date: 12/7/2011 8:58:41 AM Packet Page -954- Name: FinnEd Date: 12/7/2011 10:15:39 AM Name: KlatzkowJeff Title: County Attorney, Date: 12/7/2011 11:43:44 AM Name: IsacksonMark 12/13/2011 Item 13.13.1. Title: Director -Corp Financial and Mgmt Svs,CMO Date: 12/7/2011 12:21:35 PM Packet Page -955- 12/13/2011 Item 13.6.1. ORDINANCE NO. 2011- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA AMENDING ORDINANCE NUMBER 2002 -38, AS AMENDED, THE COLLIER COUNTY REDEVELOPMENT GRANT PROGRAM ORDINANCE, IN ORDER TO ESTABLISH THE RESIDENTIAL INFRASTRUCTURE GRANT PROGRAM FOR THE IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 14, 2000, the Board of County Commissioners (BCC) approved Resolution No. 2000 -83 creating the Community Redevelopment Agency of Collier County, Florida (CRA); and WHEREAS, on March 14, 2000, the BCC approved Resolution No. 2000 -82, which n established and described the Bayshore /Gateway Triangle Community Redevelopment Area and the Immokalee Community Redevelopment Area; and WHEREAS, on June 13, 2000, the BCC adopted Ordinance No. 2000 -42 establishing the Redevelopment Trust Fund which appropriated "incremental tax revenues" for community redevelopment purposes; and WHEREAS, on June 13, 2000, the BCC approved Resolution No. 2000 -181 adopting a Community Redevelopment Plan for the "Community Redevelopment Area," which included the Bayshore /Gateway Triangle Community Redevelopment Area and the Immokalee Community Redevelopment Area; and WHEREAS, on July 30, 2002, the BCC adopted Ordinance No. 2002 -38, the "Collier County Redevelopment Grant Program Ordinance" creating a Site Improvement Grant and Words Underlined are Added; Words StFwr'. T""^^"" are Deleted. Page 1 of 6 Packet Page -956- 12/13/2011 Item 13.13.1. Impact Fee Assistance Grant for the Bayshore /Gateway Triangle Community Redevelopment Area; and WHEREAS, on July 28, 2008, the BCC adopted Ordinance 2008 -40 creating the Immokalee Fagade Grant Program; and WHEREAS, on October 28, 2008, the BCC adopted Ordinance 2008 -61 establishing two modified grants (Sweat Equity and Shoreline Stabilization) and creating two new grants (Landscape Improvement and Commercial Building Improvement) for the Bayshore /Gateway Triangle area; and WHEREAS, on October 25, 2011, the BCC adopted Ordinance No. 2011 -42 establishing a Community Event Grant Program for the Bayshore /Gateway Triangle area; and WHEREAS, the BCC desires to further amend Ordinance No. 2002 -38, as amended, by establishing the Residential Infrastructure Grant Program for the Immokalee Community Redevelopment Area using a portion of the funds in the Redevelopment Trust Fund. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMIVIISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Title and Citation. This Ordinance shall be known and cited as the "Collier County Redevelopment Grant Program Ordinance." SECTION TWO: Annual Appropriation. The Board of County Commissioners shall annually, during its budget process, allocate funding for grant programs from the Redevelopment Trust Fund for the community redevelopment area. The Board of County Commissions, in its discretion, may adjust the amount allocated for grant programs at any time during its fiscal year. n Words Underlined are Added; Words StFUe'- T-49ug4 are Deleted. Page 2 of 6 Packet Page -957- 12/13/2011 Item 13.13.1. SECTION THREE: Adoption of Site Improvement Grant and Impact Fee Assistance Grant Programs. The Site Improvement Grant and Impact Fee Assistance Grant programs are hereby adopted. A copy of said programs are annexed to this ordinance and adopted and made a part of this ordinance by reference. Either Site Improvement Grant or Impact Fee Assistance Grant program may be amended by resolution of the CRA. SECTION FOUR: Adoption of the Modified Sweat Equity Improvement Grant Program for the Bayshore /Gateway Triangle Community Redevelopment Area. The Modified Sweat Equity Improvement Grant Program for the Bayshore /Gateway Triangle Community Redevelopment Area is hereby adopted. A copy of the program is annexed to this Ordinance as Exhibit "A" and made a part of this Ordinance by reference. The Sweat Equity Improvement Grant Program may be amended by resolution of the CRA. SECTION FIVE: Adoption of the Shoreline Stabilization Grant Program for the Bayshore /Gateway Triangle Community Redevelopment Area. The Shoreline Stabilization Grant Program for the Bayshore /Gateway Triangle Community Redevelopment Area is hereby adopted. A copy of the program is annexed to this Ordinance as Exhibit `B" and made a part of this Ordinance by reference. The Shoreline Stabilization Grant Program may be amended by resolution of the CRA. SECTION SIX: Adoption of the Landscape Improvement Grant Program for the Bayshore /Gateway Triangle Community Redevelopment Area. Words Underlined are Added; Words MFWAT-49WgI4 are Deleted. ^. Page 3 of 6 Packet Page -958- 12/13/2011 Item 13.13.1. The Landscape Improvement Grant Program for the Bayshore /Gateway Triangle Community Redevelopment Area is hereby adopted. A copy of the program is annexed to this Ordinance as Exhibit "C" and made a part of this Ordinance by reference. The Landscape Improvement Grant Program may be amended by resolution of the CRA. SECTION SEVEN: Adoption of the Commercial Building Improvement Grant Program for the Bayshore /Gateway Triangle Community Redevelopment Area. The Commercial Building Improvement Grant Program for the Bayshore /Gateway Triangle Community Redevelopment Area is hereby adopted. A copy of the program is annexed to this Ordinance as Exhibit "D" and made a part of this Ordinance by reference. The Commercial Building Improvement Grant Program may be amended by resolution of the CRA. SECTION EIGHT: Adoption of the Fagade Grant Program for the Immokalee Community Redevelopment Area. The Fagade Grant Program for the Immokalee Community Redevelopment Area is hereby adopted. A copy of said program is annexed to this ordinance and adopted and made a part of this ordinance by reference. This Fagade Grant Program may be amended by resolution of the CRA. SECTION NINE: Adoption of the Community Event Grant Program for the Bayshore /Gateway Triangle Community Redevelopment Area. The Community Event Grant Program for the Bayshore /Gateway Triangle Community Redevelopment Area is hereby adopted. A copy of said program is annexed to this ordinance and adopted and made a part of this ordinance by reference. This Community Event Grant Program may be amended by resolution of the CRA. n Words Underlined are Added; Words StFUGI(ThFougM are Deleted. Page 4of6 Packet Page -959- 12/13/2011 Item 13.6.1. SECTION TEN: Adoption of the Residential Infrastructure Grant Program for n the Immokalee Community Redevelopment Area. The Residential Infrastructure Grant Program is hereby adopted. A copy of the program is annexed to this ordinance and adopted and made part of this Ordinance by reference. The Residential Infrastructure Program may be amended by resolution of the CRA. SECTION TEN ELEVEN: Administration by CRA. The Board of County Commissioners delegates the administration of the grant programs to the CRA including, but not limited to, selection of recipients, contracting with owners and contract enforcement. The CRA shall approve all applicants for funding after the Board of County Commissioners allocates grant program funding for each fiscal year. The recipients of any grant funds shall be required to execute an agreement in a form approved by the County Attorney's Office for legal sufficiency and approved by the CRA. SECTION ELEME TWELVE: Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TWELVE THIRTEEN: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or re- lettered to accomplish such, and the word „ordinance ❑ may he changed to "section," "article, ❑ or any other appropriate word. Words Underlined are Added; Words StFHel( T"......." are Deleted. Page 5 of 6 Packet Page -960- 12/13/2011 Item 13.13.1. SECTION TR4RTEEN FOURTEEN: Effective Date. This Ordinance shall take effect upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: DRAFT Steven Williams, Assistant County Attorney 2011. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, Florida FRED W. COYLE, CHAIRMAN Words Underlined are Added; Words StFt►cl g# are Deleted. Page 6 of 6 Packet Page -961- 12/13/2011 Item 13.13.1. Residential Infrastructure Improvement Program Policies and Procedures November - 2011 Immokalee CPA 1320 North 15th Street, Suite #2 m mo ka lee, FL 34142 Packet Page -962- 12/13/2011 Item 13.6.1. Section 1- Program Purpose and Benefits The Immokalee Community Redevelopment Agency's Residential Infrastructure Improvement Program allows for the use of Community Redevelopment Agency (CRA) grant funds, in conjunction with private investments, for infrastructure improvements to residential developments undertaken by non - profit (501(c)(3)) developers on projects located within the boundaries of the Immokalee Urban Designated Area. The intent of the Residential Infrastructure Improvement Program is to increase residential occupancy rates and related property values within the CRA while revitalizing the overall appearance of the residential communities within the Immokalee Urban Designated Area. To accomplish this objective, the Program assists non - profit residential developers in constructing high - quality, functional infrastructure systems, thereby improving the physical characteristics and enhancing the visual quality and attractiveness of the Immokalee CRA's residential neighborhoods, which will lead to increased investment, owner- occupancy and property values. Eligible applicants can receive grant funding up to $9,000 using a one -to -one match with equal applicant funding for infrastructure improvements. To illustrate, if a grant amount of $9,000 is requested, the applicant must provide funding in an amount of at least $9,000 toward infrastructure expenditures of the project as well. All improvements must be consistent with the Immokalee Community Redevelopment Plan, Immokalee Area Master Plan, and the Land Development Code, and must bring the project to final completion as verified by a Collier County Building Official. CRA staff will review applications for completeness and determine if funding is to be recommended. Grant funds will be distributed only upon completion of improvements, and sign off by the Building Department Official, submittal of all receipts, invoices and required documentation to CRA staff. The Grantee shall not be liable to the CRA for repayment of the grant funds provided the Grantee complies with all conditions set forth in the Grant Agreement. Unless the Grantee conveys the infrastructure items to Collier County, should the Grantee transfer, sell, divest itself of its interest in the subject property, or fail to maintain the renovations and improvements during the five -year period following receipt of the grant funds, the CRA shall be entitled to reimbursement of the grant funds as follows: Elapsed Time Amount Due CRA 0 to one year after grant funds received 100% One year after grant funds received 80% Two years after grant funds received 60% Three years after grant funds received 40% Four years after grant funds received 20% Five years after grant funds received 0% Packet Page -963- 12/13/2011 Item 13.13.1. Section 2 - Community Redevelopment Area Boundaries The Immokalee Urban Designated Area Boundaries are reflected on the map attached. Section 3 - Eligible Expenses Eligible expenses covered under the provisions of this Program will be limited to infrastructure items identified on a "punch list" produced by a Collier County Building Official as being required to bring residential development projects to final inspection and /or conveyance into the public domain. "Infrastructure" items are defined as, but not limited to: 1. Earthwork: site grading, excavation, trenching, crushing, clearing, grubbing, blasting, de- watering, and silt fencing. 2. Utilities: potable water systems, non - potable (irrigation) systems, sanitary sewer systems. 3. Storm sewer systems including excavation, pipe, and all other storm sewer structures. 4. Landscaping (including sod) (subject to approval of a landscape plan). 5. Street Signage 6. Asphalt Repairs (only) 7. Curb and Gutter Repairs (only) 8. Sidewalk Repairs (only) 9. Roadway Striping Section 4 - Program Criteria 1. The property to be improved must be within the boundaries of the Immokalee Urban Designated Area. 2. Applicants must be a legally designated a 501(c)(3) organization by the Internal Revenue Service, be in good standing with the state and county, and be fully insured. 3. Applicants must demonstrate that all necessary financing required to complete the project has been secured and that the applicant is providing matching funds that are at least one- half ('/2) of the amount of the grant amount being requested. 4. Applicants must have received the requisite CRA, CRA Advisory Board, CRA Executive Director or designee approval prior to commencement of improvements. 5. All necessary permits and approvals must be obtained from Collier County before work is commenced. All work is to be performed to the satisfaction of the Collier County Building Department officials, and all site and landscaping work is to be performed in compliance with the Land Development Code and all applicable County ordinances and regulations. 6. A licensed contractor must perform the work; proof of licensure and insurance is required. 7. Applicants must agree to maintain the improvements for at least five years. The CRA, CRA Executive Director or designee, as applicable, must approve any changes proposed to the improvements. 8. The property must be free from any judgment liens, and all mortgage and tax obligations must be current. 9. There may be no more than one award for funding per Developer. 2 Packet Page -964- 12/13/2011 Item 13.B.1. 10. The total amount of grant funds available for any one Developer under this Program is $9,000.00, depending on funding availability. Section 5 - Application Procedures Mandatory Pre - Application Meeting CRA staff will review the applicant's scope of work, civil plans, and funding sources in an informal setting, including discussion of the eligibility criteria, Program requirements, proposed project scheduling, and consistency of the proposal with the intent of the Program. At this stage, staff can offer assistance with the completion of the application form and provide limited technical and other guidance on the project proposal. At the conclusion of the pre- application meeting, staff will provide the applicant with a general determination as to whether the proposed project is likely to qualify to receive Program funds and whether the applicant is sufficiently prepared to move on to the application stage. Required Submissions Items required for submission include: L A completed and signed application form. 2. A bid proposal from a licensed contractor eligible to perform work for Collier County Government as indicated by identification in the Collier County Contractor Database available at: http: / /apns2.collier2ov. net /webaPps /vision /ConCert /default aspx. 3. Eligible bid proposals must detail 1) description of the materials to be used and the construction procedure, and 2) itemized cost estimate of the project. 4. A legal description of the property. 5. Proof of property ownership and, if a tenant, a copy of the lease. 6. Documentation from all lending institutions verifying all mortgage payments on the property are current and that the lending institutions will provide updated information upon request by the CRA, CRA Executive Director, or designee. 7. Documentation indicating that all property tax payments are current. 8. Proof of property insurance. Documentation of Applicant's Required Match The applicant will be required to document the type and source of the matching funds on the application submitted to the CRA. Verification of the funding sources will be required before final approval of the grant application. A property owner that is interested in participating in the Residential Infrastructure Improvement Program must submit a completed and signed application, along with supporting documentation, to: The Immokalee Community Redevelopment Agency 1320 North 15th Street (SR 29) Suite #2 Immokalee, FL 34142 Packet Page -965- 12/13/2011 Item 13.13.1. CRA staff will review applications for completeness and for compliance with Program criteria. Applications that are incomplete may be returned for additional information. Projects that do not comply with Program criteria will not be considered for funding. Awards of funding will be based on the lowest qualified bid. The applicant may elect to choose a contractor other than the one with lowest qualified bid but shall be responsible for all costs exceeding the lowest qualified bid. Under all circumstances, the contractor performing the work must be licensed, insured and have worker's compensation insurance. It is mandatory, that applicants retain the services of a Licensed Florida Professional Engineer (PE) to prepare the civil plans and construction specifications for their projects. Fees for services provided by a Licensed Florida Professional Engineer (PE) may be counted towards the applicant's Program match or award. The CRA will not be responsible in any manner for the selection of a contractor. An applicant should pursue all activities necessary to determine contractor Program eligibility, qualifications, quality of workmanship, and reputation. The applicant will bear full responsibility for reviewing the competence and abilities of prospective contractors and secure proof of licensing and insurance coverage. Application Approval Projects will be reviewed by the CRA Executive Director and the Local CRA Advisory Board. Project applications will then be sent to the County Attorney's Office for legal review prior to n being placed on the CRA Board agenda for final funding approval. Whether approved or denied, all applicants will receive written notification of their application status after the CRA Board meeting. If approved the applicant will receive written notification in the form of a Notice to Proceed which will include a funding language citing the amount of matching funds that are approved. Construction Start After the grant agreement has been executed, the applicant may award the construction contract and secure all necessary construction permits. The owner /tenant must issue a "Notice to Proceed" to the contractor identified on the grant agreement. Construction must begin within 6 months of execution of the grant agreement and be completed within 12 months of the execution of the grant agreement. All modifications to the approved final plans or changes to the construction documents, which produce a change to the billable items identified on the Grant Application Form, will require review and approval by the CRA and /or CRA staff. Failure to receive such approval shall invalidate the grant agreement, and the agreement will be deemed terminated. In the event the agreement is terminated, and if any grant funds have been disbursed to the applicant by the CRA as provided below, the disbursed funds shall become immediately due and payable to the CRA. Disbursements Generally, approved projects will receive reimbursement funding upon completion of the project and submission of all required receipts, invoices, and sign -off by County Building Official. 4 Packet Page -966- 12/13/2011 Item 13.13.1. Funds will be disbursed via a one -time lump sum check only, payable to the applicant upon (1) certification of completion by a County Building Official, (2) CRA staff verification that the work was completed as proposed in a satisfactory and professional manner, (3) payment applications signed by the Civil Engineer (PE) of Record for the project, (4) submission of all receipts and required documentation to CRA staff, including contractor invoicing, and (5) proof of payment of funds for reimbursement and match in the form of canceled checks, money order or cashier's check made payable by the Applicant to the approved contractors listed on the initial application. Funds will not be disbursed on projects that are not in accordance with the approved plans. Cash receipts will NOT be recognized as proof of payment by the developer to the contractor. There will be no partial grant payments awarded under this Program. Application Process Summary 1. Pre - Application Meeting 2. Applicant submits a complete application to the CRA office. 3. CRA staff reviews application for completeness, accuracy and eligibility. 4. CRA staff presents recommendation to the CRA Executive Director, CRA Advisory Board, County Attorney's Office and CRA Board as appropriate. 5. Upon approval, the applicant will be notified in writing of the amount of the grant awarded and the documentation that must be provided before funds are released. Required Documentation Summary Stage 1: Pre - Application Meeting • Discussion of project scope, funding sources, 5010 status, property ownership. • 30/60/90 percent site drawings if completed. Stage 2: Application Approval Meeting (prior to construction start) • Completed Civil Plans • Completed Fagade Program application • Proof of property ownership (deed) or lease (if leased) • Most recent property tax receipt • Most recent property insurance receipt • Most recent mortgage statement • Proof of 501 c3 status • Bid from general (or trade) contractors listed in database on application • Residential Infrastructure Program Recipient Agreement • Owner Authorization for Improvements Form, if applicable • Applicant Commitment of Resources form along with verification of matching fund source (bank statement, loan agreement, promissory note, etc.) • Before photos highlighting existing conditions (CRA Staff) Stage 3: Project Completion Meeting • Payment Request form • Payment verification • Final Collier County inspection verifications .-� • After photos highlighting completed improvements (CRA Staff) Packet Page -967- 12/13/2011 Item 13. B.1. Section 6 - Disclosures The CRA expressly reserves the right to reject any or all applications or to request additional information from any or all applicants. The CRA retains the right to amend the program guidelines and application procedures without notice. The CRA also retains the right to display and advertise properties that receive grant funding. Section 7 - Contact Information Questions on how to complete the application or on the viability of a proposed project should be directed to CRA staff at 239.867.4121. 6 Packet Page -968-