Agenda 10/26/2010 Item #16C 4Agenda Item No. 16C4
October 26, 2010
Page 1 of 12
EXECUTIVE SUMMARY
Recommendation to approve a Payment Plan Agreement and the completion of a State of
Florida Uniform Commercial Code Financing Statement Form and a Security Agreement to
secure the payment plan debt between Ms. Denise Denard and the Collier County Water -
Sewer District as a one -time exception to the Consolidated Impact Fee Ordinance,
Ordinance 2001 -13, as amended, for the wastewater impact fee and the Allowance for
Funds Prudently Invested fee for building permit number 2010070017.
OBJECTIVE: As directed by the Board of County Commissioners (Board), the purpose of this
action is to offer a one -time exception to the Consolidated Impact Fee Ordinance, Ordinance
2001 -13, as amended, for the payment of the wastewater impact fee and Allowance for Funds
Prudently Invested (AFPI) fee assessed with permit number 2010070017.
CONSIDERATIONS: At the September 14, 2010 Board meeting under Agenda Item 6E, Ms.
Denard (the Applicant) submitted a public petition for a partial or complete waiver of the
wastewater impact fee associated with permit number 2010070017, or the creation of a payment
plan (Attachment A). The Board directed staff to investigate possible options. On October 12,
2010, under Agenda Item 10E, the Board heard presentations from the Applicant and staff about
the available options for the wastewater and AFPI fees assessed with building permit
2010070017.
Due to the extraordinary and specific circumstances of the situation concerning permit number
2010070017, the Board authorized a one -time exception to the Consolidated Impact Fee
Ordinance, Ordinance 2001 -13, as amended. The Board directed the Collier County Water -
Sewer District ( CCWSD) to enter into a payment plan agreement with the Applicant for a
wastewater impact fee and AFPI fee for permit 2010070017.
The CCWSD and the Applicant have agreed to the following terms for this one -time exception:
1. The supporting documentation for permit 2010070017 will be revised or re- submitted
to the Growth Management Division to reflect three commercial washing machines.
2. The wastewater impact fee of $20,970 and the AFPI fee of $3,098.76 (a total of
$24,068.76) are based upon three commercial washing machines and the flows as
listed in the Florida Administrative Code.
3. The payment plan will be interest free over a period of 10 years (requiring equal
monthly payments).
4. A lien in the amount of $24,068.76 will be initiated against the Applicant's business'
capital equipment.
As directed by the Board, staff placed a Certificate of Occupancy (CO) Hold on permit number
2010070017 and removed the originally assessed wastewater impact fee. This will allow the
building permit to be issued at the Applicant's convenience. Since the Applicant has requested a
payment plan, staff will initiate a lien against the Applicant's business' capital equipment for the
full amount of the revised wastewater impact and AFPI calculation ($24,068.76).
Agenda Item No. 16C4
October 26, 2010
Page 2 of 12
When the following documentation is fully executed, the CO Hold will be released for the
Applicant:
- General Agreement and Intent to enter into a payment plan (Attachment B)
- Revised documentation to the Growth Management Division
- Payment Plan Agreement (Attachment C)
-State of Florida Uniform Commercial Code Financing Statement Form (Attachment D)
Staff is requesting Board approval for the County Manager, or his designee, to execute the
Payment Plan Agreement and State of Florida Uniform Commercial Code Financing Statement
Form as necessary, and once further information is provided from the Applicant as to specific
information from the Applicant identifying its capital equipment (brands, serial numbers, etc.), a
further security agreement may be brought back to the Board for approval and would be publicly
recorded along with the completed financing statement.
Consistent with the intent of the Board's direction on October 12, 2010, staff will not pursue the
Consolidated Impact Fee Ordinance - required wastewater impact fee and associated AFPI fee for
the Applicant's existing linen service located at 4344 Enterprise Avenue (permit number
2008041158), as long as the Applicant moves to the new location at 4573 Enterprise Avenue
within 90 calendar days of this Board action.
LEGAL CONSIDERATIONS:
This item has been reviewed by the Office of the County Attorney and is legally sufficient for
Board action. Subject to the Board's approval of this item, the County Attorney will work with
staff to complete the State of Florida Uniform Commercial Code Financing Statement Form
along with a security agreement both of which would be filed in the public record as notice of the
County's security interest in the Applicant's business' capital equipment. If a search of the
public record reveals that there is a priority lien on the Applicant's capital equipment, it will be
reported back to the Board. —SRT.
FISCAL IMPACT: As long as the Applicant complies with the terms of the Payment Plan
Agreement, $24,068.76 (for the wastewater impact fee and AFPI fee) will be collected by
September 2022 for permit number 2010070017. Under the terms of this one -time exception,
there will be no interest collected with this payment agreement. If there is default on the
payment plan, the lien on the capital equipment will be exercised to fulfill the debt, as allowed
by law.
GROWTH MANAGEMENT IMPACT: There is no associated Growth Management Impact.
RECOMMENDATION: That the Board of County Commissioners, as Ex- officio the
Governing Board of the Collier County Water -Sewer District, (1) approve a Payment Plan
Agreement and Lien Agreement between Ms. Denise Denard and the Collier County Water -
Sewer District allowing a one -time exception to the Consolidated Impact Fee Ordinance,
Ordinance 2001 -13, as amended, for the wastewater impact fee and the Allowance for Funds
Agenda Item No. 16C4
October 26, 2010
Page 3 of 12
Prudently Invested fee for building permit number 2010070017; and (2) approve the County
Manager, or his designee, to execute the Payment Plan Agreement and State of Florida Uniform
Commercial Code Financing Statement Form, and to prepare, as necessary, a security agreement
specifying the debt to be secured, which would be publicly record along with the U.C.C.
financing statement form.
Prepared by: Gilbert Moncivaiz, Impact Fee Coordinator, Public Utilities Division
Agenda Item No. 16C4
October 26, 2010
Page 4 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16C4
Item Summary: Recommendation to approve a Payment Plan Agreement and the completion of a State of
Florida Uniform Commercial Code Financing Statement Form and a Security Agreement to
secure the payment plan debt between Ms. Denise Denard and the Collier County Water -
Sewer District as a one -time exception to the Consolidated Impact Fee Ordinance,
Ordinance 2001 -13, as amended, for the wastewater impact fee and the Allowance for Funds
Prudently Invested fee for building permit number 2010070017.
Meeting Date: 10/26/2010 9:00:00 AM
Approved By
Jeff Klatzkow
County Attorney
Date
10/19/2010 12:52 PM
Approved By
Amia Curry
Manager - Operations Support - PUD
Date
Public Utilities Division
Utilities Finance Operations
10/19/2010 1:12 PM
Approved By
James W. DeLony
Public Utilities Division Administrator
Date
Public Utilities Division
Public Utilities Division
10/19/2010 1:15 PM
Approved By
Scott R. Teach
Deputy County Attorney
Date
County Attorney
County Attorney
10/19/2010 2:21 PM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
1 011 912010 3:31 PM
Approved By
Randy Greenwald
Management /Budget Analyst
Date
Office of Management &
Budget
Office of Management & Budget
10/19/2010 3:44 PM
Approved By
Mark Isackson
Management/Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
10/19/2010 4:28 PM
AgeA #Ai@h 1w1(I"
October 26, 2010
Page 5 of 12
Office of the County Manager
{ Leo E. Ochs, Jr. __ _
r
3301 East Temiami Trail •Naples Florida 34112 (239) 252 8383 • FAX. (239) 252.40101N
August 30, 2010
Ms. Denise Denard
2271 Harbor Road
Naples FL 34104
Re: Public Petition Request regarding wastewater impact fees
Dear Ms. Denard,
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of September 14, 2010, regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to ten minutes. Please be
advised that the Board will take no action on your petition at this meeting. However, your
petition may be placed on a future agenda for consideration at the Board's discretion. If the
subject matter is currently under litigation or is an on -going Code Enforcement case, the Board
will hear the item but will not discuss the item after it has been presented. Therefore, your
petition to the Board should be to advise them of your concern and the need for action by the
Board at a future meeting.
The meeting will begin at 400 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F ") of the govemment complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this office.
Sincerely,
1
Mike Sheffield
Assistant to the County Manager
MJS:mjb
cc: Jeffrey Klatzkow, County Attomey
Jim DeLony, Public Utilities Administrator
AgeAg HWID "
October 26, 2010
Page 6 of 12
Request to Speak under Public Petition
Please print
Name:Denise Denard
Address 2271 Harbor Rd
Naples, fl. 34104
Phone 239 -398- 0900 Cell or 239- 659- 0900 landline
Date of the Board Meetinq you wish to speak Tuesday September 14th. 2010
Must circle yes or no:
Is this subject matter under litigation at this time? No
Is this subject matter an ongoing Code Enforcement case? No
Note: If either answer is "yes ", the Board will hear the item but will have no
discussion regarding the item after it is presented.
Please explain in detail the reason You are requesting to speak (attach additional
page if necessary):
To discuss unexpected impact fees of $29,000 being assessed: These
impact fees were not disclosed when applying for permits and asking what
the requirements were to relocate our business. To ask for a variance, so
that we are able to move to a larger facility, grow our business and create
jobs in the community. To recoup our cost for permits, rents, drawings, work
done by the gas company etc. should you not be able to come up with a
solution to make our move possible
On May 251th, I applied for a plumbing and gas permit so that we could
relocate our existing business into a larger unit. Prior to the application I
specifically inquired as to what was expected from the county in order for us
to make this move.
I spoke with Christine Willoughby, showed her our existing business at
4344 enterprise Ave and the site plans for the new location at 4573
Enterprise Avenue. I asked if I needed to show any plumbing work to be
scheduled in the application for insubstantial change or if there is anything
else that I need to be made aware of prior to moving forward to relocate my
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AgeAgachumkA
October 26, 2010
Page 7 of 12
business. I was told that an application for insubstantial change would be
expensive and that it cost $500.00 dollars that I did not have to show
plumbing but would need to apply for a plumbing permit. 1 was told to
provide 14 copies of architectural plans signed and sealed by an engineer.
Since no plumbing was required on the insubstantial change I went ahead
and filed the necessary paperwork for our gas permit. A permit was issued
for propane installation and the gas company has completed all of the
outside work already, should we not able to move into unit 4573 enterprise
ave we will also have to compensate the gas company for their work at a
cost of at least $2,00- $2,500 dollars
I contracted a plumber and paid him an advance for drawings, permit fees
and materials. Prior to applying for plumbing permit, I spoke with Dick
Noonan to see if anything else would be required of us, the plumber himself
inquired to make sure that what we were providing would be acceptable. We
were told what size pipe to run etc. Never and I repeat never at anytime did a
red flag come up or a mention that we would be subject to impact fees for
the type of business that we are operating
On July 21St two months after the application we are put to a halt by the
county asking us to pay $29.000 thousand for alternative impact fee before
we can receive our permit. They also mentioned that an additional fee may
follow in the sum of $2,000 dollars.
We have spoken with Gilbert Moncivaiz (Impact Fee Coordinator) and Tom
Wides (operations director of Public Utilities) We have been told that the
method used to come up with this figure is based on the type of business
that we are and the square footage etc .etc. The unspoken part is that our
business is classified under the same guidelines as a hotel or Restaurant of
which we are neither. The capacity of water that we use compared to these
business is non comparable. Both gentleman agreed & apologized that the
county was at fault for placing us in this position but neither accepted
responsibility.
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Agg(#Wk=njCA
October 26, 2010
Please explain in detail the action you are asking the Commission to take (attach Page 8 of 12
additional page if necessary):
At this time we ask that the county commissioners review our petition.
Since we are an existing business and our moving would have no actual
impact on the waste water system, since our waste water is already being
processed and has been since May of 2008, we are asking the commission to
consider waiving the impact fees, or at least lower them to a level that would
be affordable for a small business in this tough business climate. A payment
option would also be appreciated.
Thank You for your time and consideration.
Denise Denard
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_Agenda Item No. 1604
Attac MN
UM
Co er County
PUBLIC UTILITIES 3301 Tamiami Trail E, Bldg. H, 3rd B
Ph. 239.252.4215 Fax 239.252.6727 NAPLES, FL 34112
gilbertmoncivaiz @colliergov .net
General Agreement and Intent
The purpose of this document is to outline the general agreement of terms discussed by the
Collier County Waster -Sewer District (CCWSD) staff (Mr. Jim DeLony, Mr. Tom Wides, Mr.
Gilbert Moncivaiz), Ms. Denise Denard (Applicant), and Michael Rhodes on October 12, 2010.
These terms will be entered into the Executive Summary presented to the Board on October 26,
2010.
Due to the extraordinary and specific circumstances of the situation concerning permit number
2010070017, the Board authorized a one -time exception to the Consolidated Impact Fee
Ordinance, Ordinance 2001 -13, as amended. The Board directed the CCWSD to enter into a
payment plan agreement with the Applicant for a wastewater impact fee and AFPI fee for permit
2010070017.
The CCWSD and the Applicant have agreed to the following terms for this one -time exception;
1. The supporting documentation for permit 2010070017 will be revised or re- submitted
to the Growth Management Division to reflect three commercial washing machines.
2. The wastewater impact fee of $20,970 and the AFPI fee of $3,098.76 (a total of
$24,068.76) are based upon three commercial washing machines and the flows as
listed in the Florida Administrative Code.
3. The payment plan will be interest free over a period of 10 years (requiring equal
monthly payments).
4. A lien in the amount of $24,068.76 will be initiated against the business' capital
equipment.'
Applicant's Signature:
Applicant's Printed Name: alol -, /J /JAW
Date: %t5 zs /C;,,w)
Hand Delivered and Witnessed by Gilbert Moncivaiz, Impact Fee Coordinator, Public
Utilities Division on October 15, 2010. ^"
ca ter c01414ty
Public Utilities Division
Utility Billing & Customer Service
CUSTOMER PAYMENT AGREEMENT
ACCOUNT #:
SITE ADDRESS: 4573 Enterprise Ave., Unit 6, Naples, Florida 34104
BILLING ADDRESS: 2271 Harbor Rd., Naples, Florida 34104
OWNER NAME: Denise Denard or Michael Rhodes
Beginning balance 24 068.76 Number of Months for Pay Plan 120 Months
Agenda Item No. 16C4
Om "i
I/We, Denise Denard or Michael Rhodes, agree to pay S 200.57 dollars by the due date each Month.
Signature:
Home Phone #:
Work Phone #:
Cell Phone #:
Prepared By: -- Donna Patterson
Approved By:
Date: 10/14/10
Date: _ jAj;�Ak�)
URY Bft & Cusbrw Service Deparkru t - 4420 Mercantile Ave. • Naples, Florida 34104.239- 252 -2350 • Water /Sewer Billing & Trash Collection 239 -252 -2380
STATE OF FLORIDA UNIFORM COMMERCIAL CODE
FINANCING STATEMENT FORM
YTIME PHONE NUMBER
B. SEND
Name
Address
Address
Agenda Item No. 16C4
October 26, 2010
Page 11 of 12
Attachment D
Sample of document to be
executed with Ms. Denard
nW..1RT(11Q'Q rretsr -r nn T T trnAT NA%Av - rxTcm)T n?ji V A1V7T nrvTn.
La ORGANIZATION'S NAME
3.a ORGANIZATION'S NAME
2.b INDIVIDUAL'S LAST NAME
l .b INDIVIDUAL'S LAST NAME
--TOUDLE
FIRST NAME 7—FRI—DDLE
NAME
2.c MAILING ADDRESS Line One
SUFFIX
l.c MAILING ADDRESS Line One
MAILING ADDRESS Line Two
This space not available.
CITY
MAILING ADDRESS Line Two
POSTAL CODE
CITY
STATE
I POSTAL CODE
COUNTRY
l .d TAX ID#
REQUIRED ADDT INFO
RE: ORGANG:ATION DEBTOR
Le TYPE OF ORGANIZATION
IS JURISDICTION OF ORGANIZATION
I .g ORGANIZATIONAL ID#
DONE
2. ADDITIONAL DEBTOR'S VXACT V1 Tm. r.R(:A1. NA MV. - INCFRT nNIT .V ANA nFRTnR U AMR !9e nV 'n.\ _ n U . A tip.- -n L.: -- wt
2.a ORGANIZATION'S NAME
3.a ORGANIZATION'S NAME
2.b INDIVIDUAL'S LAST NAME
FIRST NAME
--TOUDLE
NAME
SUFFIX
2.c MAILING ADDRESS Line One
3.c MAILING ADDRESS Line One
This space not available,
MAILING ADDRESS Line Two
CITY
CITY
STATE
POSTAL CODE
I COUNTRY
2.d TAX ID#
REQUIRED ADD'L INFO
RE: ORGANIZATION DEBTOR
2.e TYPE OF ORGANIZATION
2.f JURISDICTION OF ORGANIZATION
2.g ORGANIZATIO L ID
�IONL
3. SECURED PARTY'S NAME (or NAME of TnTAT. AC3TCiNEF of AC'.ZirW P C/P1- INSFRT nNT v nNR cFrTIRFn nen ry iae nuah\
%. I MS r IINA1NWNh J 1 A 1 CIVIL' N7 covers the tollowmg collateral:
5. ALTERNATE DESIGNATION (if applicable) I I LESSEEILESSOR
BAILEEBAILOR
AG. LIEN U NON -UCC FILING 1J SELLERBUYER
6. Florida DOCUMENTARY STAMP TAX — YOU ARE REQUIRED TO CHECK EXACTLY ONE BOX
All documentary stamps due and payable or to become due and payable pursuant to s. 201.22 F.S., have been paid.
Florida Documentary Stamp Tax is not required.
7. OPTIONAL FILER REFERENCE DATA
STANDARD FORM - FORM UCC -1 (REV.0112009) Filing Office Copy Approved by the Secretary of State, State of Florida
3.a ORGANIZATION'S NAME
3.b INDIVIDUAL'S LAST NAME
FIRST NAME
MIDDLE NAME
SUFFTX
3.c MAILING ADDRESS Line One
This space not available.
MAILING ADDRESS Line Two
CITY
STATE
I POSTAL CODE
I COUNTRY
%. I MS r IINA1NWNh J 1 A 1 CIVIL' N7 covers the tollowmg collateral:
5. ALTERNATE DESIGNATION (if applicable) I I LESSEEILESSOR
BAILEEBAILOR
AG. LIEN U NON -UCC FILING 1J SELLERBUYER
6. Florida DOCUMENTARY STAMP TAX — YOU ARE REQUIRED TO CHECK EXACTLY ONE BOX
All documentary stamps due and payable or to become due and payable pursuant to s. 201.22 F.S., have been paid.
Florida Documentary Stamp Tax is not required.
7. OPTIONAL FILER REFERENCE DATA
STANDARD FORM - FORM UCC -1 (REV.0112009) Filing Office Copy Approved by the Secretary of State, State of Florida
Agenda Item No. 16C4
October 26, 2010
Page 12 of 12
Attachment D
Instructions for State of Florida UCC Financing Statement Form (Form UCC -1)
• Please type or laser -print this form. Be sure it is completely legible. Read all instructions on form. Forms must be completed
according to Florida state law.
• Fill in form very carefully. If you have questions, consult your attorney. Filing office cannot give legal advice.
• Processing fees are set by the Florida Legislature, are non - refundable, and are subject to change. To verify processing fees,
contact FLORIDAUCC, Inc, at (850) 222 -8526 or email help(a!floridaucc.com.
• Make checks payable to FLORIDAUCC, Inc. or the Florida Department of State.
• Send ONE copy of each filing request, with the appropriate non - refundable processing fee to:
1" Class Mail Overnight Courier Service
FLORIDAUCC, Inc. FLORIDAUCC, Inc.
PO Box 5588 2670 Executive Center Circle West, Suite 100
Tallahassee, FL 32314 Tallahassee, FL 32301
• The acknowledgement copy will be returned to the address indicated in block B.
• Do not insert anything in the open space in the upper right hand portion of this form; it is reserved for filing office use.
• If you need to use attachments, you are encouraged to use the State of Florida Uniform Commercial Code Financing
Statement Form — Addendum and/or the State of Florida Uniform Commercial Code Financing Statement Form - Additional
Party and/or the State of Florida Uniform Commercial Code Financing Statement Form — Additional Information.