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Backup Docs 05/24/2011 (CR)8A Agenda Item #: &1% Meeting Date: s a%f 1/ Presented by: Margaret L. Cooper Direct Dial: 561- 650 -0464 Direct Fax: 561- 650 -0422 E -Mail: mcooper@jones- foster.com May 6, 2011 Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 ATTN.: Commissioner Donna Fiala Commissioner Georgia A. Hiller, Esquire Commissioner Tom Henning Commissioner Fred W. Coyle Commissioner Jim Coletta Re: Blocker Mobile Home Park 1101 Alachua Street, Immokalee, Florida Lots 6, 7, 9, 9 and 10, Newmarket Subdivision Dear Commissioners: Jerry Blocker has asked me to review the April 13, 2011 Board of County Commissioners' ( "BCC ") meeting where he and his property were discussed without notice to him. I was surprised to hear the misinformation which stood uncorrected by staff. Most of what was said at the meeting was out -and -out wrong. The Blockers would like the opportunity to appear before the BCC to correct this publicly disseminated misinformation and to discuss their Site Improvement Plan ( "SIP ") application. They hope that you will take the time to actually look at the documents, listen to their witnesses, and discover the truth. They wish to address and correct the record as to the following issues: (1) Alleged "slum" conditions, junkyard, and attempts by the County to get the Blockers to clean it up; (2) The Blockers' alleged refusal to comply with Code Enforcement Board ( "CEB ") orders or to earlier apply for SIP grandfathering; and (3) Alleged illegal mobile home park in violation of zoning.. Alleged Slum Conditions The Blockers were accused of being "slum lords." To the contrary, the Blockers bought the mobile home park in late 2002. It was in poor shape at the time. Their predecessor (the Collins) had received a Notice of Violation for conditions from the County Code Enforcement. After their purchase, the Blockers cleaned up and improved the Park. They have received clean and satisfactory inspections from the County and Florida Department of Health. The facility is Collier County Board of County Commissioners May 6, 2011 Page 2 licensed as a migrant labor camp facility in good standing. (Mr. Blocker will bring photographs and all of the State inspection records.) The County did not prosecute the Collins and dropped the earlier conditions NOV after the Blockers' cleanup. The Blockers have never received a conditions violation notice from Collier County. Rather, four years after their purchase, they were cited for an alleged zonine issue — not conditions. In fact, in the transcript from the Code Enforcement Board zoning proceedings, the CEB officer states: At the same time the housing that we have seen in photographs shouldn't be confused with some of the houses we've seen in the newspapers in other areas because it certainly looks better than that ... (Tr. 4/27/06 p. 98) • . It's a zoning matter and that's how it really is focused ... (Tr. 4/27/06 p. 92) The Blockers believe that County staff may have circulated photographs of the Park before the Blockers' cleanup and others taken after a hurricane. It is not a "slum" and the Blockers are not "slumlords." They provide necessary and affordable housing for migrant laborers, are fully licensed by the State of Florida, and have been approved by the Department of Health. If there are any current minor conditions issues, these will be addressed and corrected as part of the SIP process. Encroachment Into Alleged Junkyard Staff has promulgated misinformation that the Park encroaches into a junkyard. This is wrong. The Blockers will bring their surveys to prove this. The Park predates the junkyard by many, many years. The junkyard is zoned C -5 and is an illegal use against which the County has taken no enforcement action. The junkyard and industrial uses developed around the Park, not the other way around. An old 80 -foot wide public ROW easement (now vacated at the request of the Blockers) used to exist adjacent to the Park and the junkyard. The junkyard spilled over into all eighty feet of the easement. The County refused to do anything about it. The Blockers were instrumental in working with the State Department of Environmental Protection (DEP) and seeing that the easement area was cleaned up, which is now a buffer to the junkyard. They can address details directly with you if you give them an opportunity to be heard. They can also address a potential physical buffer as part of the SIP process. Collier County Board of County Commissioners 10 Q May 6, 2011 t"1 i Page 3 Blockers' Alleged Refusal to Apply for SIP The SIP code procedure provides for enhanced grandfathering by allowing replacement of destroyed or unsafe units, and to keep units which exist without a permit on record in exchange for upgrades of nonconforming mobile home parks. This is different than the LDC standard grandfathering provision which does not allow continuation or replacement of destroyed, unsafe units, or units without permits, but does allow continued use of now nonconforming uses which were originally permitted. The Immokalee Area Overlay in Land Development Code (LDC) Sec. 2.03.07 G.6. allows SIP grandfathering in one of three ways: (1) Voluntary submittal before January 9, 2003; (2) Order of the CEB (no time limit); or (3) Compliance or settlement agreement with Collier County (no time limit). When the Blockers bought the Park in late 2002, they were told by staff that they were grandfathered under the general LDC grandfather provisions which allows continued use of mobile home parks previously authorized under older codes — and have been told this by other staff subsequently. They were told that they did not have to do the SIP procedure unless they wanted the additional upgraded grandfathering. They did not voluntarily submit for SIP by January 9, 2003. Please note, the Blockers predecessors (the Collins) were offered the SIP as part of their NOV. Years later, Director of Zoning and Land Development Susan Murray supposedly took a contrary position that the County would not offer SIP to nonconforming parks without a change of zoning to residential. There is nothing in Section 2.03.07 G.6 which supports this interpretation. The County cited the Blockers with a zoning violation in 2006 and refused to offer them SIP to grandfather — presumably, based on Susan Murray's new position/interpretation. The CEB Order says either rezone or tear down. The Blockers have made the following attempts to try to comply with the CEB Order to rezone and/or to grandfather under the SIP over the last five years. 1. Patrick White, Jerry Blocker and Fred Thomas have all worked diligently with staff and various boards to try to get a Growth Management Plan ( "GMP ") amendment (part of the Immokalee Area Master Plan (IAMP) process) to allow a zoning change to keep the Park as ordered by the CEB. As you know, all their efforts have been flatly rejected. 2. Since 2006, Patrick White dealt with a variety of staff working on the ROW easement area cleanup which would further qualify the Park for the Immokalee SIP process. He ►8A ti Collier County Board of County Commissioners May 6, 2011 Page 4 was told by staff that it was a waste of time to formally apply for SIP because the County Attorney and/or Susan Murray would not allow it. He will testify to his efforts. 3. On November 14, 2007, Mr. White filed a formal motion before the CEB to allow the SIP authorized by the LDC. The County Attorney fought it and told the CEB there was a "lack of jurisdiction" because of the Blockers' appeal of the earlier CEB proceedings. The County Attorney also parroted Susan Murray that SIP would not be allowed absent a change of zoning to make the Park "conforming." The motion to allow the SIP, however, was wrongly denied by the CEB based solely on "lack of jurisdiction." (I will provide you with the transcript.) 4. For at least two or three years, the Blockers have made a variety of proposals to the County Attorney's office to allow a settlement with the Blockers doing the SIP. I was not allowed an opportunity to present the proposal to the BCC. When the proposal was given to the BCC for consideration, it was done in a "shade" session. I do not know what spin was put on it, but the BCC refused to allow SIP for the Blockers and insisted the property be returned to industrial in a year and pay one -half of the then accrued fines. 5. The Blockers hired an engineer, Gina R. Green, to make a formal SIP application to County staff (outside of any overall settlement of the fines) in the same manner that others have been allowed. Nonconforming parks in commercial and industrial zones have received SIP approvals from staff in the last few years. At the SIP pre - application meeting, the Blockers and Ms. Green were informed that the SIP met all requirements, but the litigation county attorney had to review everything. Thereafter, staff refused to accept the application, stating that the litigation county attorney told them not to accept it. Litigation counsel refuses to tell Ms. Green why the County refuses except that Susan Murray allegedly ruled that zoning does not allow it. Public document requests have been made for this ruling. Now, the Blockers are being told there are no such rulings from Ms. Murray. Ms. Green will testify to her efforts and bring her documentary proof. 6. Now that the CEB appeal is completed and the CEB theoretically has "jurisdiction" again, the Blockers have filed a formal application for SIP before the CEB. We are requesting a hearing on this in an effort to improve the site consistent with the LDC. Alleged Illegality vs. Nonconformity It is true that the Blockers' Park is in a current Industrial zone. This makes it nonconforming, not illegal. The Park has been there for 50+ years. It was legal and conforming as far back as when it was first constructed. Trailer parks, camps and transient facilities (labor camps) were lawful uses from 1965 to 1991. Webster's dictionary defines a trailer camp or park to include a mobile home park as follows: 8A N Collier County Board of County Commissioners May 6, 2011 Page 5 trailer park noun Definition of TRAILER PARK an area equipped to accommodate homes — called also trailer camp, trailer court See trailer park defined for English- language learners First Known Use of Trailer Park 1942 Here is the actual zoning history. The Blockers will provide copies of these code provisions at your meeting. 1952 -1965 No Zoning Laws Proven — Any Construction Allowed • Pre -1952: No zoning rules nor map had been adopted by the County. Neither mobile home parks nor labor camp facilities were prohibited. • 1952: County Zoning Map dated 1952 was adopted. Map and regulations have been lost by the County. County is unable to establish with any degree of specificity or reliable assurance what the zoning was or what uses were prohibited. Therefore, presumably, the use was legal at the time. 1965 -1991 Labor /Transient Residential Facilities Lawful 1965 -91 Zoning Text • 1965: The 1965 Zoning Code adopted. This contains a grandfather provision for earlier uses. (p. 41) The classification I -C -1 [Immokalee, Commercial 1 ] allows residential "tourist camps," "trailer camps" and "bungalow courts." (p. 32) Under the hierarchal zoning structure, Commercial -light industrial (I -C -3) and Industrial (1) also include these lesser intense uses. (pp. 34, 35, 36) • 1970: Immokalee Area Zoning Ordinance adopted. The I -C -3 and I districts allow residential "transient facilities," i.e., trailer camp facilities for migrant laborers. No prohibition on mobile home construction. There is also a grandfather provision for trailer camps. (pp. 20, 21, 43) Collier County Board of County Commissioners May 6, 2011 Page 6 1965 -91 Zoning Maps 1991 Vested Rights • 1972: All earlier zoning maps (with the exception of that date "1952," which we have a copy of) had been lost by the County. The 1972 zoning map indicated C -3 (Commercial Zoning) for the Park. Trailer camp and bungalow court is lawful under the 1965 Code. 1976: Zoning map changes designation of Subject Property to "I." Use is lawful under the 1970 Code as a "transient facility." Migrant labor camp was lawful under the 1976 code. 1991: Adoption of 1991 Countywide, unified LDC. Eliminates hierarchal zoning. Prohibits residential facilities in an "I" zone, but contains a nonconforming use provisions for continuation of vested uses as a trailer camp and transient facility. Park fully developed. 2002 SIP Procedures Current Code 2002: Amendment to LDC adding the Immokalee Overlay District for "all nonconforming" mobile home parks. This new regulation, like that in many counties dealing with travel trailer and mobile home parks, allowed a procedure to cure "all" nonconformities as an incentive to provide basic site plans and upgrade and replace illegal or unsafe mobile home units. (p. 2:44) 2004. Adoption of 2004 Land Development Code. This contains a nonconforming use (grandfather) provision similar to the 1991 LDC. Permitting The County contends that the Park is "illegal" because the Blockers cannot produce all the old building permits. To the contrary, it is the County's responsibility to maintain those old records. The County has lost its old permitting files.' The Blockers, however, have found evidence of many, many permits for the Park, which they will provide to you. These are as follows: • Collier County Property Appraiser Cards indicating structures built as early as 1948, 1950's, 1960's and thereafter. These also note lawful "residential use" in a 'I am sure that the County has lost the permit records for the vast majority of old buildings. Are these owners required to dear down their structures? Fee IWA-, Collier County Board of County Commissioners May 6, 2011 Page 7 "commercial area," referring to "pp. 24 -25 in Immokalee Zoning Regulations" (See Cards 638646800013, 638647200001.) • 1963 Application for building permit to build a CBS residential structure. • 1963 Application for a permit for an addition to a residential structure. • 1967 Application for alteration for kitchen and carport addition to a residential structure (Permit No. 67 -739). • 1968 Final inspection report (Permit No. 67 -759). • 1985 Building permit to replace a mobile home (Permit No. I -85 -362). • 1985 Certificate of Occupancy for a mobile home. • 1985 Building permit for a new mobile home (Permit No. I -85 -363). • 1985 Certificate of Occupancy for a mobile home (Permit No. I -85 -362). • 1985 Building permit for residential mobile home (Permit No. I- 85 -36). • 1990 Permit Application for screen enclosure for family room (Permit No. 900009126). I understand that staff now claims that the permits over the past 25 years were all a big mistake, notwithstanding that the old codes clearly allowed residential trailer camps and transient laborer facilities. There is no evidence to support staff's unwarranted assertion, and only a Building Official can lawfully invalidate such permits. CEB Did Not Rule on Grandfathering The CEB did not address grandfathering under the LDC provisions. Rather, the prosecuting county attorney told them that they could not consider grandfathering under the LDC and they had to only rule on current code. The following is what appears in the CEB transcripts: CHAIRMAN BARNETT: Can the county attorney help me here? I find a sticky wicket here in one respect because — MR. GRIFFIN: I appreciate what you're saying. Steve Griffin with the County Attorney's Office. .gA Collier County Board of County Commissioners May 6, 2011 Page 8 .. I think this case boils down to zoning. The zoning is the zoning. And either it's right or it's wrong for these gentlemen. And I think in this particular situation it sounds like it's not residential. • I'm not sure that anybody's offered any evidence that it ever was residential. And they have a process they can go through to maybe try to make this right, but it's not this board. It's the Board of Zoning Appeals or somebody else, but it's certainly not this board. (Tr. 4/27/06 p. 79) . • MR. PONTE: If you really want to discuss it, we have a bit of a conundrum because one of the recommendations was possibly rezoning but that doesn't seem very likely. The big question, of course, is the one we've heard before today in another case and that's grandfathering, what existed, what was there, what attention do we pay to it, if any. The attorney for the county has said it really isn't this board's consideration right now. It's a zoning matter and that's how it really is focused. So I suppose that you could find a violation. (Tr. 4/27/06 p. 92) The Chair specifically questioned the county attorney on estoppel, asking "What protection does anybody have if they have a permit ?" The county attorney reiterated his legal advice that estoppel could not be considered. (Tr. 4/27/06 p. 93) Finally, the CEB again ruled that they would not consider estoppel and would not even look at the old codes — but would decide the case on the 1991 LDC. The CEB stated that: We don't issue zoning variances.... Again I think we decide that based on current code, by the way, not based on past code. Conclusion Please think about this from the Blockers' point of view: 0 They paid good money for a Park that has been there 50+ years. They paid good money to take care of the earlier condition issues caused by the Collins. iF44111W Collier County Board of County Commissioners May 6, 2011 Page 9 • The general LDC calls for grandfathering for all units previously previously permitted. Due to loss of the County records, we do not know which ones do not have permits. • The SIP grandfathering procedure for "all nonconforming mobile home parks" (including units not permitted) is in your code. Others in commercial zones have been allowed this. SIP was previously offered to the Collins. What is the rationale for not offering it to the Blockers? • The Blockers paid good money and hired lawyers and engineers to make the SIP application. They are willing to do all necessary upgrades. • The Blockers have tried for five years to comply with the CEB order to either obtain proper comprehensive plan land use or designation to support a rezone. The IAMP has yet to be adopted to allow any possible use change for "residential." They have also tried to get SIP approval and have been rejected for no good reason other than an alleged Susan Murray's change of interpretation that they need a zoning change (which the County refuses to do). • Although zoning allows industrial, there is no infrastructure there to support industrial use. • There is a current need for migrant farm laborer housing in Immokalee. Request The Blockers request that the BCC either (1) direct staff to accept and process their SIP application, including bringing the conditions up to applicable code standards, or (2) direct the CEB to accept and consider the SIP application, including bringing the conditions up to applicable standards. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. By Margaret L. Cooper MLC:lsm cc: Jerry B. Blocker (via e-mail) pAdocs\25239 \0000IVtr \1 am8862.doc bcc re correcting misinformation JONES FOSTER JOHNSTON & STUBBS, P.A. Attorneys and Counselops Margaret L. Cooper- Direct Dial: 561- 650 -0464 Direct Fax: 561- 650 -0433 E -Mail: mcooper @Jones- fostercom May 20, 2011 Via E -Alail Flagler Center Tower. Suite 1 100 505 South Fhgdcr Drive West Palm Beach. Florida 33401 relephonc 1561 l 659 -3000 Collier County Board of County Commissioners 3.301 Last Tamiami Trail Naples. Florida 34112 ATTN.: Commissioner Donna Fiala Commissioner Georgia A. Hiller, Esquire Commissioner Toni Henning Commissioner Fred W. Coyle Commissioner Jim Coletta Re: Blocker Mobile Home Park 1101 Alachua Street, Immokalee, Florida Lots 6, 7, 9, 9 and 10, Newmarket Subdivision Our File No. 25239 -1 Dear Commissioners: Ala ill Ilq ,I&to e %N Post Office Bo.x 3.475 West Paint Beach. Florida 33-10? -;.475 At the last meeting of the Board of County Commissioners, you were advised that neither the BCC nor the Code Enforcement Board has the authority to consider the Blocker's SIP application. Moreover, I understand you were advised that the County cannot enter into a settlement agreement with the Biockers to allow the SIP application. Although I was not given notice that this was going to be discussed, I have some continents, as 1 believe that the advice given is incorrect. The premise for the advice that the Blockers cannot apply for an SIP is an assertion that the mobile home park referenced above was always "illegal ". That is wrong. This erroneous conclusion is based on a change of interpretation of the old codes made by Susan Murray a few years ago. Quite frankly, the current interpretation of the old codes by either the County attorney or Susan Murray is irrelevant. The thing that counts is how the County interpreted these old codes and applied them during the 1960s through 1991. As you know, changing interpretations years later of old codes, after- improvements were permitted, is not permissible From 1965 through 1991, the County allowed mobile home parks for transient labor in the Immokalee C -1 through I districts. The 1965 code specifically allowed "trailer camps /courts constructed and operated pursuant to regulations prescribed by the Department of Health" (to wit, migrant laborer trailer camps). Included in these zones were "bungalow courts ", "cabin Agenda Item * I'R, Meeting Date : SA�/( 7niven jwres foster co Presented by Ce—oc%i e► �r Collier County Board of County Commissioners May 20, 2011 Page 2 camps" or `'camps ". All of these uses were bundled together in the 1970 Immokalee Area Zoning District code raider the label "transient lodging facilities," which included facilities for migrant laborers There was no prohibition whatsoever- on the use of mobile home construction for transient lodging facilities. The County so interpreted and applied the codes from 1960 through 1991. Not only was this interpretation applied to the Blockers' property, but it was applied to all of the commercial districts throughout the Immokalee area. Please ask your staff how many other mobile home parks exist in the commercial districts in Immokalee. It was only after 1991 — and the new LDC — that mobile home construction and transient lodging facilities were no longer permitted in the commercial industrial zones. The old uses, however, are lawful non - conforming uses. Once again, it is irrelevant as to how Susan Murray, litigation counsel, or the County Attorney is currently interpreting the old codes. They were not working at the County at that time. What is important is how the old codes were interpreted by the old staff. The County is estopped from changing interpretations. Also, the Blocker's predecessor in title (the Collins) were offered use of the SIP procedure. What has changed other than Susan Murray's change of interpretation? What is the logical or rational reason for not offering the same to the Blockers or even considering their application? Next, you are being told that the BCC does not have authority to make overall settlement with the Blockers, That, too, is wrong. Specifically, the Immokalee Overlay District regulations provide, in Section 2.03.07 A.6.b., that the SIP can be granted pursuant to "settlement agreement" between the County and a property owner. Moreover, the Blockers have served notice of a potential Bert Harris claim. The Bert Ilarris Act is a wonderful opportunity for the County to actually sit down, talk, and come to a settlement. There are broad powers in Section 70.001(4)(c) which provide that the County can settle with: An adjustment of land development or use of land. 2. Increases or modifications in the density, intensity, or use of areas of development. These provisions give the County immense power to settle on any terms that are deemed appropriate. Further, it does not matter what the Growth Management Plan (GMP) now states. A use that was preexisting or which predates the adoption of the GMP or amendments thereto is allowed to continue in existence under Chapter 163 of the Florida Statutes. Your own codes also provide for that. See Section 9 03.00 Nonconformities. There is absolutely nothing in Chapter 163 which requires the teardown of a pre - existing facility. Comprehensive land use plans deal with • Collier County Board of County Commissioners May 20, 2011 Page 3 future development of property and future zoning, not requiring the elimination of a 2Ligi existing, use. I never tell clients that they absolutely will win a disputed case. Judges are human and do make mistakes I find it unsettling that you are being told, with 100% certainty, that the mobile home use must be eliminated and that you must foreclose on this property. Once again, I request an opportunity to present the Blocker's SIP application before either the Commission or the Code Enforcement Board by either a general SIP application of a settlement agreement. Thank You Sincerely, .JONES. FOSTER, .JOHNSTON & STUBBS, P A. By MargaretYlCooper MLC:Ism cc: Jerry B. Blocker (via e-mail) Leff Klatzkow, County Attorney (via e-mail) 1):\docsL -1239 \00001 \ltr \liis502I doe bee re seldemenl agreement ' 8 A Collier County � Growth Management Division Planning & Regulation Code Enforcement 1101 ALACHUA STREET IMMOKALEE, FLORIDA .Agenda Item * 8'A Meeting Date :S V� // Presented by: Depaftent of Code EnforCermt - 2800 N. Horseshoe Drive • Naples, Florida 34104.239- 252 -2440 • Fax 239 - 252 -2343 Correction re: staff memo dated May 18, 2011 from Diane Flagg Page 1 of 2 Correction re: staff memo dated May 18, 2011 from Diane Flagg 018A y Tim Hancock [Tim @davidsonengineering.com] Sent: Friday, May 20, 20114:22 PM To: OchsLeo; CoyleFred; FialaDonna; ColettaJim; HillerGeorgia; HenningTom Cc: jblocker @embargmaii.com; Randy Johns [RJohns @phoenix- associates.com]; clascano @phoenix- associates.com; mcooper@jones-foster.com Commissioners and Mr. Ochs; I just read with dismay the elements contained in a memo generated by Ms. Diane Flagg, Director of Code Enforcement regarding a staff report on the 1101 Alachua Street property in Immokalee. While the majority of the memo is a simple recitation of the Counties position in this matter, I take exception with the inaccuracy on the 4th page of the staff report, the last paragraph under "Meeting History". The memo states that in a meeting with the Immokalee CRA on May 18th, 2011 (Wednesday of this week), "The same issues were addressed as had been addressed in previous meetings ". Since I was the person who made the presenting comments, I can tell you without equivocation that this statement is false. The sole purpose of appearing before the CRA was to inform them of information recently discovered in the Counties own files that was never presented to the Code Enforcement Board that invalidates many of the statements with regard to the historical zoning of the property currently owned by the Blockers. When asked, I produced a 1952 zoning map for inspection that clearly shows the property as C -3, a commercial zoning district. This zoning corresponds to a 1951 set of zoning regulations which was similarly represented to the Code Enforcement Board in 2006 as "not existing ". The purpose for going before the CRA was based on the statement made by the County Attorney when I addressed the BCC on May 10, 2011 that the only options available were to foreclose on the property or to amend the GMP. My request before the CRA was to ask if they wished to include our concerns in the Immokalee Area Master Plan, to which they declined. The statement that no new information was presented is simply untrue. Unfortunately, after careful review of the CEB minutes from the original hearing in 2006, similar half- truths and omissions are contained throughout the record. In all my prior dealings with Ms. Flagg over almost 20 years, I have never known her to be intentionally misleading and am left to assume since she was not present at the meeting that the information she was provided was at fault. I will continue to work diligently to provide information and findings in an above -board and honest manner and wished only to bring to your attention the inaccuracy of this statement. As always, I thank you for your time. Regards, Tim Hancock, AICP Director of Planning TimAdavidsonengineerin-g com IT DAVIDSON C N G I N E E R I N G www.davidsonenqineering.com Davidson Engineering, Inc. 3.530 Kraft Road, Suite 301 Naples, FL 34105 https :Hmail.colliergov.net /owa/ ?ae= Item& t = IPM. Note &id= RgAAAACBw7hYJwxISLoTg... 5/20/2011 Correction re: staff memo dated May 18, 2011 from Diane Flagg Page 2 of 2 8 A, Phone 239.434.6060 ext. 2983 Fax 239.434.6084 Disclaimer: This e-mail, along with any files transmitted with it, is for the sole use of the intended recipient(s). Any unauthorized review, use, retention, disclosure, dissemination, forwarding, printing or copying of this e-mail or attachments is prohibited. https: / /mail. colliergov.net/owa/ ?ae= Item& t = IPM. Note &id= RgAAAACBw7hYJwxISLoTg... 5/20/2011 C;011 Ca►Hnty GrvMrtli Management Division Planning & Regulation MEMORANDUM ''SA RECEIVED MAY 19 2011 Board of County CommAlo ft To: Collier County Board of County Commissioners.,y��j CC: Leo Ochs, County Manager Nick Casalanguida, Deputy Administrator Growth Management Division From: Diane Flagg, Director Code Enforcement Date: May 18, 2011 Subject: Current Staff Report for 1101 Alachua Street in Immokalee (TAMP /Code Case) This morning you were provided a binder with information containing the history, correspondence and current documents for the Mobile Home Park located at 1101 Alachua Street in Immokalee. We have provided some additional information for review. This information may be helpful background when considering the Immokalee Area Master Plan. C""W" ^040' Ptannirg & Regulation • Mo North Nornshm Drive • Naples. Florida 34104.239. 252 -2400 • www.000ergov.net STAFF REPORT RE: Immokalee Mobile Home Park located in Industrial Zoning District Location: 1101 Alachua Street Folio # 63864720000; 63864680001; 63864760002 Owners: Jerry and Kimberlea Blocker i •�, sS 3e.: 3 S ,=r� `L`r. ^i r3r xN`. -ri t t � La . l. ;x'^ R � ^ A Notice of Violation was issued to Jerry and Kimberlea Blocker on January 23, 2006 for unlawful and inappropriate Mobile Home improvements to Industrial zoned property in Collier County. On April 27, 2006, case CEB NO.2006 -16, case CEB NO. 2006 -17, and case CEB NO. 2006 -18, were heard by the Code Enforcement Board due to non - compliance by the property owner. The Code Enforcement Board (CEB) issued a Findings of Fact Conclusions of Law and Order for the three Code Enforcement cases (CEB NO.2006 -16, CEB NO. 2006 -17, CEB NO. 2006- 18) and stated in the Hearing Orders: "Unlawful and inappropriate development and residential use of Industrial zoned property (previously zoned I -C -3) without prior Collier County Zoning and Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan- Immokalee Master Plan (GMP)." The property owners, Jerry and Kimberlea Blocker, filed through their legal counsel, a request for a Special Magistrate Proceeding to dispute the Hearing Orders and findings of the Code Enforcement Board. The Special Magistrate, Simon M. Harrison, Esq., reviewed the evidence and issued a Conclusion on March 21, 2007. The conclusion stated in part: `Being unable to reach a conclusion of unfairness or an unfair burden on the owner's use of the subject real property, there is no authority for the undersigned to suggest alternatives to the enforcement action." On January 7, 2008, the property owners, Jerry and Kimberlea Blocker, filed with the Circuit Court of the Twentieth Judicial District, through their legal counsel, an appeal of the Code Enforcement Board Orders. On February 8, 2010, the Honorable Hugh D. Hayes, Circuit Court Judge, issued a Final Appeal Order that stated in part: "15. The Court has accepted the CEB's findings of facts and has not substituted its findings for those of the CEB. 16. The Court further finds: (1) the Collier County CEB afforded the parties due process of law; (2) the Collier County CEB's Orders meet the essential requirements of law; and (3) the Orders are supported by competent substantial 8A evidence. ORDERED and ADJUDGED: the orders of the Collier County Code Enforcement Board are affirmed and the Appellant's appeal is DENIED." On November 10, 2010, the District Court of Appeal of Florida, Second District, denied a further appeal. PENl1).1XG LITIGATION The property owner's, through their legal counsel, have filed a BERT HARRIS ACT lawsuit against the County. The County has filed a Foreclosure Complaint against the Blocker's to recover operational costs and code enforcement liens totaling $962,712.48. PLA1�IN G C6 M11 I SI N BACI£GROUNI The Planning Commission on May 20, 2010, reviewed the Immokalee Area Master Plan. The Master Plan did not contain an exemption for the Jerry and Kimberlea Blocker Mobile Home Park at 1101 Alachua Street. Mr. Fred Thomas testified to the Planning Commission and introduced himself as Chairman of the Master Planning and Envisioning Committee. He requested that the Planning Commission insert language into the Immokalee Area Master Plan to allow the Blocker's to continue to operate a Mobile Home Park in the Industrial zoned property. Mr. Thomas was asked by the Planning Commission Chairman if the committee's he is on shares a similar opinion as his. Mr. Thomas testified in the affirmative. The Planning Commission added the following language to the Immokalee Area Master Plan: The existing mobile home rental park located within the Industrial subdisdrict at 1101 and 1123 Alachua Street shall be deemed a permitted use subject to obtaining an approved SIP under the provisions and time limits set forth in paragraph c. above Neither the mobile home rental park boundaries nor the number of units located therein may be increased Following the action taken by the Planning Commission, on June 17, 2010, the Immokalee Community Redevelopment Agency (CRA) Advisory Board met and voted to recommend to the CRA Board (BCC) that the Immokalee Area Master Plan Comprehensive Plan Amendment be transmitted to the Florida Department of Community Affairs without the language to accommodate the Mobile Home Park at 1101 and 1123 Alachua Street in an area zoned Industrial. ►gA , On June 23, 2010, the BCC deleted the language to accommodate the Mobile Home Park at 1101/1123 Alachua Street from the Immokalee Area Master Plan and approved the transmittal of the Immokalee Area Master Plan to the Department of Community Affairs. At the Planning Commission Adoption Hearing of the Immokalee Area Master Plan, on February 17, 2011, the Planning Commission approved the Immokalee Area Master Plan. The plan did not contain the exemption for the existing mobile home park, located within Industrial zoning, at 110 1/ 1123 Alachua Street. 4`l`l �MOWLE OE)1KE j A N IM1 OKA LEX The Mobile Home Park at 1101 Alachua Street is the only Mobile Home Park located in Industrial zoning. Of the seven mobile home parks in Immokalee, with open Code Enforcement cases, 1101 Alachua Street is the only mobile home park located within a zoning district that is not compliant with the Growth Management Plan. MEXT G WSTO tY The Immokalee Community Redevelopment Agency (CRA) held a meeting on April 20, 2011 and addressed the issue of nonconforming mobile home parks in Immokalee within the IAMP ( Immokalee Are Master Plan). The CRA Advisory Board voted to remove any reference concerning non - conforming mobile home parks in Immokalee from the IAMP. Various speakers were present. A meeting was held on May 16, 2011 with the following attendees: Diane Flagg, Kitchell Snow, Tim Hancock, Jerry Blocker and Randy Johns. The meeting was scheduled to discuss issues concerning the Blocker's property located on 1123/1101 Alachua Street. Many of the issues previously addressed by the County Attorney's Office, Code Enforcement Board rulings, Special Magistrate ruling and 2nd District Court of Appeals were discussed. Many of the concerns related by the Blockers consultant had previously been addressed in numerous documents for this case at many different levels of governmental and judicial systems. Shirley Brown's property located at 331 North 15th Street was again brought up by Mr. Blocker and Mr. Johns as being another illegal mobile home park. The Brown property is allowed to submit for an SIP and is not illegal (as far a zoning). Ms. Flagg advised them we are in the same place as before the meeting. "The violation remains and needs to be abated as fines are still accruing. The mobile home park had been found illegal by the judicial system and the violation needs to be corrected ". *8A The Immokalee CRA met again on May 18`h 2011. The Blockers and their consultant appeared before the CRA advisory board to discuss the issue of the illegal mobile home park. The same issues were addressed as had been addressed in previous meetings. The chairman of the board commented that he felt the IAMP "Was being held hostage by 2 commissioners and the Blockers". The board did not take a vote, nor did the CRA Advisory Board change its opinion as expressed at the April 201h 2011 meeting. F Oa J W N W $Q yUy 100bjv (>j =3pZ-o LLLLLLgLL Ii a� 3 W X. C Z O cO C E W O 4W V S C g .O 2 • 11�1N < H ' 2y W �� LL �y H m 0UW n ,t 4W J fig n V 'o 3 U L �1SObY,H �•� ,. 41 z LL W ��ob6.� �. 4� Tto-o (' •� n 11�1N < IA z y. ` 1 • , { tl7I SN33M,1 616�M11{_, PC9 3AV NOetl3!!3f M �39 lCMLZ{ a L 1 x 15 NOStl3i13 7 ! {�¢' lam` as wo os �'.lss SIR �{ y it . .tiZ,.. •r � lF�lsi 1 r 1 C miar j ✓ r 16 ONZN L ^Le OWE N. e _ H a•K .! 1B Hl.s V ; �� H� Ut� r- ,r U m l' "I�,�,jQ 9yp� a lu _ l 1CH19N �� U 0 7 Z 1B HIS ' �V� a LL JA '13 H19 1e H11N LL. i 3 � q� Ir•NIJL� -wi LBH�B S HLe s � L �. 4s �r O N N Y Y U3 a J $ g � 4Se: J iI (a F �� LL �y n U. 19, zZ� LLs� AM IA z y. ` 1 • , { tl7I SN33M,1 616�M11{_, PC9 3AV NOetl3!!3f M �39 lCMLZ{ a L 1 x 15 NOStl3i13 7 ! {�¢' lam` as wo os �'.lss SIR �{ y it . .tiZ,.. •r � lF�lsi 1 r 1 C miar j ✓ r 16 ONZN L ^Le OWE N. e _ H a•K .! 1B Hl.s V ; �� H� Ut� r- ,r U m l' "I�,�,jQ 9yp� a lu _ l 1CH19N �� U 0 7 Z 1B HIS ' �V� a LL JA '13 H19 1e H11N LL. i 3 � q� Ir•NIJL� -wi LBH�B S HLe s � L �. 4s �r O N N Y Y U3 a J $ g � 4Se: J iI 1101 ALACHUA STREET IMMOKALEEq FL Table of Contents A) Notice of Violation B) The Code Enforcement Board Hearing Orders C) Special Magistrate Recommendation D) Circuit Court Order ® E) District Court of Appeals F) Accrued Fines G) Planning Commission Minutes H) Immokalee CRA Letter to BCC C 0- 9M0 JERRY B. BLOCKER and K1MBmm" L. BLOCKER (OWNBMS) 1830 164: STRUT N 9 NAPLES, FLA. 34120 LOCATION OF VIOLATION (LBOAL AND ADDRESS) WMM COUM COUNTY ZONING DIST. "I " SBC-U, TWN. 46, RNO.29, SUED. NEW MARKET LOTS 9 and 10, BLOCK 48, Mf 63864760002 of Collier Co. ftcoid, OR 3170, PAOB 1547 A.K.A 1101 ALACHUA Sr. 1M OKALB8, R k Previously known ar "Shells Trailer park" CIf PURSUANT TO . COUNTY CODE pNr0RC114MT BOARD (C 8 B ) ORD # 05-55 and 97 -35, AS AbWWm,YOU ARE T1gnpm THAT TMPOLLOWING VIOL A71ONS gM3T. Oct. 1970 Z onint �dlmmo>;alee am Artlale N, SBC 4.1 '1W, SM 4.2 'BUII. OMr. SBff 4.3 "COTE" sod SBC. 44 "YARD SPACE" Artiolo VII, SM 7.1 'B478Nr and SeC 7.9 'ZSIWIDWA17ON Article A SW. to 1I '7-C -3 / con=emW _8,P t Indust Dirt" pet ORD. 04-41, e f suituded 91)Q SBC.MOD µpPZ1rABII.[1'y). sus SEC'S Pia. A. B. and C aw ( [,A710t4.513g' TO MOW1Ii MGM p� 1.04A5 Sm IA5A0 C'+1NbWw, PURPOSE and IInmM , SUB SBM L05.01, psrrF SBC'8' 2.OL01,, pu -D.. 2W �OF ZON Bn Mrs.) .Side SBC 2MJA CrANI 40 D18rS3 ' ( OHIBIIHD ()fig). SUB SECS. 2.03.03, pir. -A SM x2..1044'00 LB USBS) SUB SW 04.03. P& SM 2QLOD (DWiNTit STANDARDS) SUB SBC 2.05.01, Pat - A SEC 8.08.00 =DBMp0R BOA , Pee B and D SW- 9-3.00 SUB MM 9.03.01( W ,P;-D DESCRIP'ITON OF CONDITIONS CON317Y'IYMO THB VIOLATION (S). U410 $ d and l� Mobile Rome meads to AhAna SL Imrrw � �o � 10. block rxoed, All b'38647L0p02 of Cb1Qer Co. Pl'avloiq �3" zo won, which d Fvhibited pdaoem W of Mobile Boma ft rise. (iii: D MOKA M AREA MWGi DIET RBO'g. DATED OCT. 1970) All same dovdopwrM and ntr having taken Aloe In coma co>east to Collier Co. land developsaeat req�ents and wltboat PrIM Co. and Pl Wh9tevie:w and approval, Collies INQUO MS AND'COMi rg S1i0Uta BE D>RECr� TO $ BM OXMMMr >NVWUaA'MR Deania MAZzom 28M Jqo: Horseshoe Dc NIP* Fla. 34104 (239) �s (239L2343 TION Si'ATt73 : _g irrrrsA COLD RR COUIVW, FLO$WA OF VIOLATInbv A>� ORDER TO CORRECT aI **FXI ORDER TO COI a A= ■ no -M YOU Axle DIRd`Igp BY TMS NOTICE TO TAKE TRS FOLLOW'NG CO>RUCTIVE ACTIONM Mast obtain a eomple(e sad aafficient Collier Connty Dtmolition pang for the removd of an =hue home dwel hWstmtmres cmzradY located on industrial zoned prop' in Cow' Co. d QWA AN lots 9 and 10, block 48, days 63864760003 of Collier Co. retard, no later thava 90 '� a receipt dot notice. Upon having obtained a demolition permit, mart then mobile ham by remo ft 80 non - allowed, nou- approved debris hi collaborated effort wi& an local and f t to corn* wft an Comer M coder, orib"nom and hndwo and ate no btw than 120 dq.' PENALTIES MAY BE I00SR6: Faiiore to o."a a. violation: on or bofae the -date specified above will ms* by 1) the ffmt of en amdavk of violation with rho Collier C06 Bnfor, m B� RC.B..B. ", or SpmW MasW 3.M dkM&g you "A the violation(s) as dew dbed on this furm You w�71/have rocettre(d) noon that a hearing will be held which you aadla a legal mpreeentattve may attend. "arum to vpm may insult in the Board/S. )L a0d 1031149 it determination in your absence. If do l3afamoemeat Board or Sped Master finds a violation exlats. a Eno of $1000:00 per day in the can of a &et vlobdoo. a maahmm Sae of $5000.00 per day for a repeat vIoiation and a maximum fine of $15,00D00 pa' 41ohdoa in >4 m6n ding that rho violation is of an °a 'a' Maes 1° Ry b>a imposed on a pa day bade Ira' emb day each violation eA ta. Ghats of �pov a�and/or dim may also be Against you SERVED BY:- T mm.,u L CBRT, MAX RB[EjpT No# I / it~ have received, ackn amdecrtaad this of Viol I and PrintTitle o�fR.adpiant. f 6. N DATED THiS23 SAY OPZ. MW Rm CASSN02001100976 11 Retn: I1lERO>'lICE 3$35446 OR; 4033 PG; 2458 COLLIER Con" CODE 11101C11E1 1ECORDED ID the 01FICIAL RECORDS Of COLLIER Con", iL REC I I SIIRLEI 1 QICI11 05/0912006 at 1I:02i11 Dam E. BROCE, CLERE 2100 1001313101 DR CDES BLDG 168 A CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. JERRY dt KIMBERLEA BLOCKER, Respondents THIS CAUSE came on for public heap testimony under oath, received evideQ Findings of Fact, Conclusions of LayG, I • That Jerry and Kimberlea 2. That the Code Enforcement Respondents, having been duly notifi 3. That the Respondents were CEB NO. 2006-16 the Board on April 27, 06, d the Board, having heard rr tixt: iQ pprop 'ate afters, thereupon issues its �� z+ile Bit es follows. jurisdiction of the�espondents and that the ed at the public hear n ffo mail and by posting. 4. That the real property located at 1101 Alac j I �' 1 m kalee, FL, a/k/a "Shells Trailer Park," Folio Number 63864720000, more particularly described as Lot 8, Block 48, Newmarket Subdivision, as recorded in Plat Book 1, Pages 104 and 105, Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Collier County Land Development Code, as amended, sections 1.04.00, Sub. Sec's 1.04.01, par's A, B and C, and 1.04.05, sec. 1.05.00, sub sec. 1.05.01, par. F, sec. 2.02.00, sub. sec. 2.02.01, par. D, and 2.02.03, sec 2.03.00, sub sec 2.03.03, par. A, sec. 2.04.00, sub, sec. 2.04.03, pg. LDC2:113, sec. 2.05.00, sub. sec. 2.05.01, par. A, sec. 8.08.00, par's B and D, sec. 9.03.00, sub. sec. 9.03.01, par. D and 1970 Zoning RegulatioNlmmokalee Area Zoning District, Article IV, sec's 4.1, 4.2, 4.3 and 4.4, Article VII, sec's 7.1 and 7.9 and Article X, sec. 10. 11, I-C- 3, par. 2 in the following particulars: Unlawful and inappropriate development and residential use of Industrial zoned property (previously zoned I -C -3) without prior Collier County Zoning and Building Permits: Perpetuating a use inconsistent with the Collier County Growth Management Plan — Immokalee Master Plan (GMP). ORDER OF THE BOARD Based upon the foregoing Findings-of Fact and Conclusions of Law, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED: 27.01 OR; 4033 PG; 2459 That the violations of Collier County Ordinance 04-41, the Collier County Land Development Code, as amended, sections 1.04.00, Sub. Sec's 1.04.01, par's A, Band C, and 1.04.05, sec. 1.05.00, sub sec. 1.05.01, par. F, sec. 2.02.00, sub. sec. 2.02.01, par. D, and 2.02.03, sec 2.03.00, sub sec 2.03.03, par. A, sec. 2.04.00, sub, sec. 2.04.03, pg. LDC2 :113, sec. 2.05.00, sub. sec. 2.05.01, par. A, sec. 8.08.00, par's B and D, sec. 9.03.00, sub. sec. 9.03.01, par. D and 1970 Zoning Regulation/Immokalee Area Zoning District, Article IV, sec's 4.1,4 .2 4.3 and 4.4, Article VII, sec's 7.1 and 7.9 and Article X, sec. 10.11, I-C -3, par. 2 be corrected in the following manner: L If the Respondents elect to rezone the property, by contacting the Collier County Zoning and Land Development Department and schedu ling a pre - application inquiry and review within 14 days (May 12, 2006). 2. If rezoning, by acting with due diligence in pursuit of said rezone and by obtaining same within 365 days of the date of the pre - application inquiry/review. 3. If rezoning, by engaging the services of a design professional to prepare and submit a Site Development Plan (SDP) for Collier County Zoning and Land Development personnel's review and approval within 60 days of rezone approval; 4. If rezoning, upon approval of SDP /SIP, by acting with due diligence to submit a complete and sufficient application for Collier County Building Permits for all improvements for residential use of properties in question within 60 days of said approval; 5. If rezoning, by receiving all re u' issuance of the aforementioned Building Pe q�i �ificates of Completion within 120 days of 6. In the alternative, by obta mplete and sufficie County Demlition 90 days (July 28, 2006) or within 10 d s abandoned pursuit of rez or SDP/SIP, wh the err is it within applicable; 7. If obtaining a demoli on rm c same d by re ovi all non - approved, non- permitted, additions, improvements use t' i rezone and/or SDP /SIP abandonme t; cto er 28, 2006) or 90 days after ® 8. That if rezoning, the es d is n m I 14 days (May 12, 2006), then there o Par h f e Order of the Board within 9. That if rezoning, e ntil a lion meeting is scheduled. 8 ents do not comply wj ara ap a Order of the Board within 365 days of the date of the pre -appli quiry/review, then it that the violation continues past that d of S 150 per day for each day 10. That if rezoning, the Res d o not comply with 3 of the Order of the Board within 60 days of the rezone approval, then there past that date. h day that the violation continues 11. That if rezoning, the Respondents do no iR days of the date of SDP /SIP approval, then there will be a fine of S 15 pparagraph ay for each day that the Bviola violation 60 continues past that date. 12. That if rezoning, the Respondents do not comply with paragraph 5 of the Order of the Board within 120 days of the date of issuance of the Building Permits, then there will be a fine of $150 per day for each day that the violation continues past that date. 13. That if, in the alternative the Respondents elect to obtain a demolition permit, they do not comply with paragraph 6 of the Order of the Board within 90 days (July 28, 2006), then there will be a fine of $150 per day for each day that the violation continues past that date. 14. That if, in the alternative, the Respondents elect to obtain a demolition permit, they do not comply with paragraph 7 of the Order of the Board within 180 days (October 28, 2006), then there will be a fine of $150 per day for each day that the violation continues past that date. 15. That the Respondents are to notify Code Enforcement officials that the violation h been abated and request the Investigator to come out and perform the site inspection. as 16. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $354.16. v * ** OR; 4033 PG; 2460 * ** 1 8A ^" Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this j—wt4 day of 2006 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY. c..� Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) foregoing instrument was ac a eforC 2006, Sheri Barnett, Chair of the Cod e t Board of Co personally known to me or h r uced a Florida pot�a o� HD��3 •, off► ass A `p �?wt M •. �,.� mi si n e tres: - ERTIFICATE OF S I HEREBY CERTIFY that a Mail to Jerry and Kimberlea Blocker, 183 ect copy of this O 2006. C Mate of F LORIUA : ounty of COLLIER I H EREBY CERTIFY THAT this is s bV8 and correct copy. 41 A. fluent on file In Board Ml0,A3-m4*R4dM of Collier Counter yv�1rNFrriy ticlal seal this _.._. day gr z DWI JF ,,, CK, CLERIf OF CO US / D.C. of (, Florida, whe is &icense as identification. r � been sent y U. S. Mail to U. S. this ..,5 -'_ day of A M. Jean son, Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 n �1 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. JERRY & KIMBERLEA BLOCKER, Respondents THIS CAUSE came on for public testimony under oath, received ev. Findings of Fact, Conclusions of I That Jerry and Kimberlea 2. That the Code Enforcement Respondents, having been duly notif 3. That the Respondents were the Board on April 27, has jurisdiction of i ,fired at the public as CEB NO. 2006-17 � D 83544� CI OR: 4033 PG: 2461 �C 1 05/09/2006 d 11 :02AM 11119!! 1. B1Rn, C ?L UUB RSC 21.00 Rets :IMIBBOl1M M C011I11 COW CODS BMt0RCf1RM 31I1LSi M GARCIA 2800 1101813101 DR COSB BLDG INS RD J6, d the Board, having heard Date atters, thereupon issues its G and that the mail and by posting. 4. That the real property located at 1101 Alac C� ' ;1'2mokalee, FL, a/k/a "Shells Trailer Park," Folio Number 63864680001, more particularly described as Lots 6 and 7, Block 48, Newmarket Subdivision, as recorded in Plat Book 1, Pages 104 and 105, Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Collier County Land Development Code, as amended, sections 1.04.00, Sub. Sec's 1.04.01, par's A, B and C, and 1.04.05, sec. 1.05.00, sub sec. 1.05.01, par. F, sec. 2.02.00, sub. sec. 2.02.01, par. D, and 2.02.03, sec 2.03.00, sub sec 2.03.03, par. A, sec. 2.04.00, sub, sec. 2.04.03, pg. LDC2:113, sec. 2.05.00, sub. sec. 2.05.01, par. A, sec. 8.08.00, par's B and D, sec. 9.03.00, sub. sec. 9.03.01, par. D and 1970 Zoning RegulatioMmmokalee Area Zoning District, Article IV, sec's 4.1, 4.2, 4.3 and 4.4, Article VII, sec's 7.1 and 7.9 and Article X, sec. 10. 11, I -C -3, par. 2 in the following particulars: Unlawful and inappropriate development and residential use of Industrial zoned property (previously zoned I -C -3) without prior Collier County Zoning and Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan — Immokalee Master Plan (GMP). ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED: OR; 4033 PG; 2462 40 ' 8A 0! That the violations of Collier County Ordinance 04-41, the Collier County Land Development Code as amended, sections 1.04.00, Sub. Sec's 1.04.01, par's A, B and C, and 1.04.05, sec. 1.05.00, sub sec. 1.05.01, par. F, sec. 2.02.00, sub. sec. 2.02.01, par. D, and 2.02.03, sec 2.03.00, sub sec 2.03.03, par. A, sec. 2.04.00, sub, sec. 2.04.03, pg. LDC2:113, sec. 2.05.00, sub. sec. 2.05.01, par. A, sec. 8.08.00, par's B and D, sec. 9.03.00, sub. sec. 9.03.01, par. D and 1970 Zoning Regulation/Immokalee Area Zoning District, Article IV, sec's 4.1.4.2, 4.3 and 4.4, Article VII, sec's 7.1 and 7.9 and Article X, sec. 10.11, I -C -3, par. 2 be corrected in the following manner: L If the Respondents elect to rezone the property, by contacting the Collier County Zoning and Land Development Department and scheduling a pre - application inquiry and review within 14 days (May 12, 2006). 2. If rezoning, by acting with due diligence in pursuit of said rezone and by obtaining same within 365 days of the date of the pre - application inquiry/review. 3. If rezoning, by engaging the services of a design professional to prepare and submit a Site Development Plan (SDP) for Collier County Zoning and Land Development personnel's review and approval within 60 days of rezone approval; 4. If rezoning, upon approval of SDP /SIP, by acting with due diligence to submit a complete and sufficient application for Collier County Building Permits for all improvements for residential use of properties in question within 60 days of said approval; 5. If rezoning, by receiving al regtu � p ki A Tifcates of Completion within 120 days of issuance of the aforementioned Buildin g Pe 6. In the alternative, by obta mplete and suffice County Demolition Permit within 90 days (July 28, 2006) or within 10 d s abandoned pursuit of re zo an or SDP /SIP, whichever is applicable; 7. If obtaining a demoli on rm , ecu ' same d by re ovi g all non - approved, non- permitted, additions, improvements use t' i cto er 28, 2006) or 90 days after • rezone and/or SDP /SIP abandonme t; 8. That if rezoning, the es d is n t c m I p h f e Order of the Board within 14 days (May 12, 2006), then there o ntii a ation meeting is scheduled. 9. That if rezoning, the R ents do not comply wi ara a Order of the Board within 365 days of the date of the pre- applic quiry/review, then it b of S 150 per day for each day that the violation continues past that d 10. That if rezoning, the Resp d o not comply with a 3 of the Order of the Board within 60 days of the rezone approval, then there ach day that the violation continues past that date. �R 11. That if rezoning, the Respondents do no paragraph 4 of the Order of the Board within 60 days of the date of SDP /SIP approval, then there will be a fine of $150 per day for each day that the violation continues past that date. 12. That if rezoning, the Respondents do not comply with paragraph 5 of the Order of the Board within 120 days of the date of issuance of the Building Permits, then there will be a fine of $150 per day for each day that the violation continues past that date. 13. That if, in the alternative the Respondents elect to obtain a demolition permit, they do not comply with paragraph 6 of the Order of the Board within 90 days (July 28, 2006), then there will be a fine of S 150 per day for each day that the violation continues past that date. 14. That if, in the alternative, the Respondents elect to obtain a demolition permit, they do not comply with paragraph 7 of the Order of the Board within 180 days (October 28, 2006), then there will be a fine of $150 per day for each day that the violation continues past that date. 15. That the Respondents are to notify Code Enforcement officials that the violation has been abated an request the Investigator to come out and perform the site inspection. d 16. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $354.16. • • U OR: 4033 PG: 2463 `8 A Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. Florida. DONE AND ORDERED this.-5-6/ day of 2006 at Collier County, a�•'G CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) foregoing instrument was 2006, heri Barnett, Chair of the Co personally known to me or ,,,,, Donna'• �pp23 94 Commiss►oAu8It 00 t � hK Bondi ¢ I HEREBY CERTIFY that a Mail to Jerry and Kimberlea Blocker, 1831 2006. state of F LORIUA : ounty of COLLIER I HEREBY CERTIFY:THAT this Is a true end correct co et`X. ent on ftle In Board MI •Ud*R aas of Collier Count,► 'cis seal this C ,� ay of Board of Co , Florida, w io is aced a Florida D ' er's icense as identification. kTE OF S O copy of this 0 been sent by U. S. Mail to U. S. 0 this`'' day of r Cl '? M. lean n, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 • • j 7*T • CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. JERRY & KIMBERLEA BLOCKER, Respondents THIS CAUSE came on for public heal testimony under oath, received evide� Findings of Fact, Conclusions of LayG, That Jerry and Kimberlea 2. That the Code Enforcement Respondents, having been duly notif 3. That the Respondents were CEB NO. 2006-18 3835448 OR; 4033 PG; 2464 "CO1DID in 011ICI1lL 11CO108 of C011I11 0001fl, 1L 05/09/2006 at 11:02M 011081 1. 810CK, Can 11C AI 21.00 1etn:I1i11011IC1 / COLLIII callm C0111 1110011111 SBI1L1i 1 GJIICIA i2800 1 BO1SI3801 D1 0111 BLDG D the Board on April 27, 06, d the Board, having heard �[LLe to aill,approp 'ate afters, thereupon issues its She Bpatd, as o ows. has jurisdiction of th o espondents and that the *ed at the public he r mail and by posting. 4. That the real property located at 1101 Alac j-� "Shells Number 63864760002, more particularly described as Lots 9 and 10, Block 48, Newmarkt Subdivision, as Folio recorded in Plat Book 1, Pages 104 and 105, Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Collier County Land Development Code, as amended, sections 1.04.00, Sub. Sec's 1.04.01, par's A, B and C, and 1.04.05, sec. 1.05.00, sub sec. 1.05.01, par. F, sec. 2.02.00, sub. sec. 2.02.01, par. D, and 2.02.03, sec 2.03.00, sub sec 2.03.03, par. A, sec. 2.04.00, sub, sec. 2.04.03, pg. LDC2 :113, sec. 2.05.00, sub. sec. 2.05.01, par. A, sec. 8.08.00, par's B and D, sec. 9.03.00, sub. sec. 9.03.01, par. D and 1970 Zoning Regulation/Immokalee Area Zoning District, Article IV, sec's 4.1, 4.2, 4.3 and 4.4, Article VII, sec's 7.1 and 7.9 and Article X, sec. 10. 11, I -C -3, par. 2 in the following particulars: Unlawful and inappropriate development and residential use of Industrial zoned property (previously zoned I -C -3) without prior Collier County Zoning and Building Permits. Perpetuating a use inconsistent with the Collier County Growth Management Plan — Immokalee Master Plan (GMP). ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED: OR: 4033 PG: 2465 b8A ° 0 That the violations of Collier County Ordinance 04-41, the Collier County Land Development Code, as amended, sections 1.04.00, Sub. Sec's 1.04.01, par's A, B and C, and 1.04.05, sec. 1.05.00, sub sec. 1.05.01, par. F, sec. 2.02.00, sub. sec. 2.02.01, par. D, and 2.02.03, sec 2.03.00, sub sec 2.03.03, par. A, sec. 2.04.00, sub, sec. 2.04.03, pg. LDC2:113, sec. 2.05.00, sub. sec. 2.05.01, par. A, sec. 8.08.00, par's B and D, sec. 9.03.00, sub. sec. 9.03.01, par. D and 1970 Zoning Regulation/Immokalee Area Zoning District, Article IV, sec's 4.1.4.2, 4.3 and 4.4, Article VII, sec's 7.1 and 7.9 and Article X, sec. 10. 11, I-C -3, par. 2 be corrected in the following manner: L If the Respondents elect to rezone the property, by contacting the Collier County Zoning and Land Development Department and scheduling a pre - application inquiry and review within 14 days (May 12, 2006). 2. If rezoning, by acting with due diligence in pursuit of said rezone and by obtaining same within 365 days of the date of the pre - application inquiry/review. 3. If rezoning, by engaging the services of a design professional to prepare and submit a Site Development Plan (SDP) for Collier County Zoning and Land Development personnel's review and approval within 60 days of rezone approval; 4. If rezoning, upon approval of SDP /SIP, by acting with due diligence to submit a complete and sufficient application for Collier County Building Permits for all improvements for residential use of properties in question within 60 days of said approval; 5. If rezoning, by receiving all requ' ++�ti ri ificates of Completion within 120 days of issuance of the aforementioned Building Pe � 6. In the alternative, by obta' mplete and sufficie Co County Demolition Permit within 90 days (July 28, 2006) or within 10 d abandoned pursuit of rezo an or SDP /SIP, whichever is applicable; 7. If obtaining a demoli on rmi CCU —same d by re ovi g all non - approved, non- permitted, additions, improvements use t' cto er 28, 2006) or 90 days after rezone and/or SDP /SIP abandonme t; ® 8. That if rezoning, the es de is n t c m I par r ph f e Order of the Board within 14 days (May 12, 2006), then there '1 o ntil a ation meeting is scheduled. 9. That if rezoning, the R ents do not comply wi ara p e Order of the Board within 365 days of the date of the pre- app quiry /review, then it b of S 150 per day for each day that the violation continues past that d 10. That if rezoning, the Res p d o not comply with a 3 of the Order of the Board within 60 days of the rezone approval, then the 1 ch day that the violation continues past that date. 11. That if rezoning, the Respondents do no paragraph 4 of the Order of the Board within 60 days of the date of SDP /SIP approval, then the will be a fine of $150 per day for each day that the violation continues past that date. 12. That if rezoning, the Respondents do not comply with paragraph 5 of the Order of the Board within 120 days of the date of issuance of the Building Permits, then there will be a fine of $150 per day for each day that the violation continues past that date. 13. That if, in the alternative the Respondents elect to obtain a demolition permit, they do not comply with paragraph 6 of the Order of the Board within 90 days (July 28, 2006), then there will be a fine of 5150 per day for each day that the violation continues past that date. 14. That if, in the alternative, the Respondents elect to obtain a demolition permit, they do not comply with paragraph 7 of the Order of the Board within 180 days (October 28, 2006), then there will be a fine of $150 per day for each day that the violation continues past that date. 15. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 16. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of S354.16. LJ * ** OR: 4033 PG: 2466 * ** 1108 Any aggrieved party may appeal a final order of the Board to the Circuit the execution of the Order appealed. An appeal shall not be a hearing de novo, but shat be limited o appellate review of review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 51t day of , 2006 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: —S.— Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) )SS: Th regoing instrument was ac e nC ' ay of 2006, b eri Barnett, Chair of the Cod nen oard of Co , Florida, w is ' personally known o me or has od ed a Florida D ' er's i nse as identification. Donna L. Commission Expires: Ai d,Fa; Bonde ' m1antic Bon I HEREBY CERTIFY that a t Mail to Jerry and Kimberlea Blocker, 1 2006. TIFICATE OF copy of this ORDfiR Wbeeaseto U. S. Mail to U. S. this day of Z!!n�o . M. Jea w�son, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 state of F LORIUA :ouRty of C(XUER 1 HEREBY CERTIFY THAT this is a true and erect copy, or a- Vocement on file lh Wrd Ml1;4 .";:40 Rebores of Collier County by o "rttl —a— oci seal this ® y. DWI E. GK- C � OF CO RTS D.C. r� U JERRY & KIMBERLEA BLOCKER Requestors BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Governmental Entity We 11W It U'0(JNTY ATTORNF . 2007 HAR 22 Pry is 17 Re: Collier County Code Enforcement Board Case Nos: 2006-16,2006-17 2006 -18 REC IENDATION OF SPECIAL MAGISTRATE Procedural Back ound This matter came before the undersigned as Special Magistrate on the 8th day of March, 2007• Requestors sought relief of certain enforcement actions taken by the Collier County Code Enforcement Board in case No. 2006 -16, 2006 -17, and 2006 -18. These were three identical enforcement actions relating to the use of three adjoining properties as a Mobile Home Park. At Present, the zoning`classif cation of the property does not permit use as a Mobile Home Park, and in addition the Park, as presently configured., would not comply with present development standards for a Mobile Home Park. The enforcement action requires either demolition of the Mobile Home Park, or alternatively that the owner seek a rezoning of the �8 property, and if successful in obtaining that rezoning, submission of an SDP /SIP, obtaining approval of same, and compliance with the terms thereof. Because a rezoning of the subject property would require an amendment to the Collier County comprehensive plan to alter the land use plan element thereof as to Immokalee, the time frames set forth in the enforcement action for the rezoning and SDP /SIP process are insufficient to make this a meaningful alternative such that the enforcement action in effect requires demolition of the Mobile Home Park. Requestors believe this is unreasonable, or unfairly burdens the use of the owner's real property within the meaning of FS 70.51 et. seq., and seeks relief under the provisions of that statute. Attempts vHere made at the hearing to facilitate a resolution of the conflict between the owner and governmental entities involved, but no such resolution could be reached. Page 1 of 5 ►'r1 • 0*8 A r .Discussion Although acknowledging that the present zoning designation for the subject property does not permit use as a Mobile Home Park, Requestors believe the enforcement action is unreasonable or unfairly burdens the owners use of the subject property on several grounds, which can be categorized as follows. a) Owner's use of the property as a Mobile Home Park is grandfathered in by the terms of the Zoning Regulations for the Immokalee Area Zoning District, Collier County, Florida as enacted in 1970. . Although contested by the County, Requestors believe that the hierarchal structure of the zoning ordinances up to 1970 would have allowed use of the property as a Mobile Home Park. The aforementioned Regulations do in fact provide for the continuation of non- conforming uses of land, non - conforming structures, and non - conforming uses of structures and Premises. By its terms, those provisions are intended to allow a continuance of those non- conformities as they existed at that time, but not to encourage their survival. Assuming arguendo that the 1970 zoning regulations were the first that would have caused use of the subject property to be non - conforming, as of that date this Mobile Home Park had at most between 10 -15 dwelling structures. As of this date, there are over 30 structures, which is at least double that which existed as of that date. Section 7.2 and 7.4 of the Regulations specifically prohibit extension or enlargement of the non - confirming use, Further, Section 7.6 prohibits any structure devoted to a use not permitted to be enlarged, extended, constructed, reconstructed, or moved. Section 7.7 is even more restrictive, prohibiting any repairs or maintenance within a 12 month period exceeding 10% of the value of the building. It is clear that taken as a whole, the Park as presently configured does not represent the status quo as of 1970, and in light of the nature of the structures on the property, it would be impossible to determine if any single component of the property continues to exist in its 1970 location in an unenlarged, unextended, unreconstructed state, let alone without the need for substantial repairs in the last 37 years. Finally, the last paragraph of Section 7.9, which specifically references mobile homes, requires discontinuance of a non - conforming use within 1 year. (Although the first paragraph of Section 7.9 excepts residential use, the last paragraph of that section specifically references mobile homes). Page 2 of 5 8A d b) The County's adoption of the Immokalee Initiative and the Nonconforming Mobile Home Park Overlay Subdistrict further evidences the County's intent that non - conforming Mobile Home Parks be allowed to continue in that use, such that Requestor must be afforded a meaningful opportunity after entry of.an Order of the Code Enforcement Board to alter the zoning; and if needed the comprehensive plan prior to enforcement of existing zoning requirements. The Immokalee Initiative and the provisions relating to the Nonconforming Mobile Home Park Overlay Subdistrict require the submission of a site improvement plan (SIP) "by January 9, 2003 or thereafter within the time frame set forth in an order of the Code Enforcement Board finding a violation of this section...". The owner did not submit an SIP by January 9, 2003. Requestors argue that because the above cited language allows an order of the Code Enforcement Board to provide for a later submission date, that it is required to do so. Such a construction, however, would render the January 9, 2003 deadline meaningless. I find that although this provision allows the Code Enforcement Board to extend the filing deadline for an i SIP (and in fact further grants Collier County the ability to extend the deadline by Settlement Agreement with the owner) it does not mandate that it do so. c) The County ould not be h' allowed to pursue its enforcement action based on the doctrine of Laches. Inherent in the doctrine of !aches is the concept that the delay of a party in enforcing its rights has caused a the party against whom that right is sought to be enforced to alter their position, and that the party against whom enforcement is sought has been prejudiced by that delay. In this instance, the owners obtained title to the property in 2002, at a time at which they knew or should have known that the use of this property was subject to significant scrutiny and that they should seek relief from a prohibition against nonconforming use by the use of the SIP application process. They failed to do so. There was no evidence presented that the owner incurred any significant expenses relating to the property subsequent to 2003 as a result of their reliance of the County's failure to pursue enforcement of the non - conforming use, and in fact they appear to have benefited from that non enforcement as a result of their being able to obtain rental income for the past several years that they would otherwise not have been able to obtain. In the absence of a'showing that the owner has been prejudiced by the County waiting until 2006 • Page 3 of 5 8 A to enforce regulations that it could have enforced in 2003, laches would not indicate the present enforcement action is unreasonable or places an undue burden on the property. a) As a matter of fundamental fairness, the County should permit sufficient time for the Owner to either wait and see if the Comprehensive Plan will be amended in a fashion as to allow a rezoning of the subject property, or in the alternative time for the Owner to itself seek such an amendment to the Comprehensive Plan. The reality is that there is no certainty that the land use designation under the comprehensive plan will ever be altered to a designation that would permit rezoning this property to a Mobile Home Park, let alone when that amendment will take place. In addition, to the extent that it would be permissible to look to what are in effect "workshop" indications of a proposed change, those indications are at best that this property would have a land use designation that would not automatically preclude rezoning as a matter of law. Based upon the use of surrounding Properties, the idea that this property would be rezoned to allow for use as a Mobile Home Park is highly speculative at best (and realistically doubtful). Furthermore, although the time frames set forth in the Code Enforcement Orders are insufficient to obtain the required amendments to the comprehensive; plan, the owners have already had over 4 years to seek such an amendment Yet have failed to take any steps to do so. I find the proposition that fairness requires that the County delay enforcement of its existing rules and regulations based on a possible change to the land use designation which is uncertain as to both substance and timing, and which under the best of circumstances creates a highly speculative chance of providing relief to the owner, to be without merit. ' Conclusion I The threshold determination to be made by the Special Magistrate is whether the enforcement action is unreasonable or unfairly burdens the use of the owner's property, Unless that determination, is reached, there is no basis or authority for the Special Magistrate to substitute his or heir judgment for that of the governmental body as to alternative methods to try to achieve the public interest served by the enforcement action, or to determine whether there are less restrictive methods of achieving that public interest than those which have been imposed. In this case, I am unable to conclude that the actions of the Code Enforcement Board were unreasonable or unfairly burden the use of the owner's property, particularly in light of the • opportunities which the owner had prior to this enforcement action being commenced (the Page 4 of 5 . 8A Immokalee Initiative and the provisions relating to the Nonconforming Mobile Home Park Overlay Subdistrict) to obtain approval for the continued use of the subject property as a Mobile I Home Park. Being unable to reach a conclusion of unfairness or an unfair burden on the owner's use of the subject real property, there is no authority for the undersigned to suggest alternatives to the enforcement action. Simon M. Harrison, Esq. Special Magistrate P.O. Box 07372 Fort Myers, FL 339191 CERTIFICATE OF SERVICE I HEREBY CERTIFY that duplicate originals of the foregoing have been filed with the Parties by service by United States Mail to Patrick G. White, Counsel for Requestor, 5801 Pelican Bay Boulevazd, Suite 300, Naples, FL, and Jacqueline Williams Hubbard, Assistant so County Attorney, Counsel for the Governmental Entity, 3301 East Taauami Trail, Naples, FL 34112, and a true sind correct copy of the foregoing has been furnished by United States Mail to the Florida Department of Legal Affairs, The Capitol PL -01, Tallahassee, FL 32399 -1050, this 21 st day of March, 2007. L imon M. Harriso r Page 5 of 5 0,11 "8A IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION JERRY AND KIMBERLEA BLOCKER V. Appellants, Case No. 08 -66 -CA COLLIER COUNTY, a political subdivison of In Re: CEB Cases Nos. the State of Florida, constituted as THE BOARD 2006 -16 OF COUNTY CONMSSIONERS, and the 2006 -17 S COLLIER COUNTY CODE ENFORCEMENT 200A 8 r- BOARD, m x o D 1 w fir= Appellees. z ; ;o ff / O C 5y CO FINAL APPEAL ORDER THIS CAUSE came before the Court upon Appellants' Request for Oral .Argument on December 15, 2009. Having heard argument of counsel, reviewed the memoranda of law filed by the parties, reviewed the entire record, and being fully advised in the premises, the Court finds as follows: 1. This appeal pertains to an April 27, 2006 quasi-judicial hearing before the Collier County Code Enforcement Board [ "CEB" ] on several alleged violations of the Collier County Code of Ordinances by Appellants. 2. The violations were: (1) unlawful and inappropriate development and residential use of industrial - zoned. property previously zoned I-C -3; (a) without I 1 • • Collier County Zoning and Planning review; (b) without an approved Site Development Plan; (c) without valid Collier County building permits; and perpetuating a use inconsistent with the Collier County Growth Management Plan and the Immokalee Master Plan. 3. The Appellants' Property consists of three separate parcels with three separate tax folio numbers and operates as one mobile home park with the Appellants, owners as of 2002. The Collier County Code Enforcement Department issued one separate Notice of Violation for each property and three case numbers were assigned (2006 -16, 2006 -17, and 2006 -18). The three properties have been treated the same, as if one subject property. The CEB issued three separate orders for the properties. 4. The Court notes that the applicable standard of review by a circuit court of an administrative agency decision is limited to: (1) whether procedural due process was accorded; (2) whether the essential requirements of law have been observed; and (3) whether the administrative findings and judgment are supported by competent substantial evidence. The Court is not entitled to reweigh the evidence, to reevaluate the credibility of the evidence, or to substitute its judgment for that of the agency. See Haines City Community Development v. Heggs, 658 So. 2d. 523 (Fla. 1995). 2 0 • 5. The appeal of the CEB orders is not a hearing de novo but is limited to a review of the record created before the CEB. See Fla. Stat. § 162.11. See also City of Deerfleld Beach v. Valliant, 419 So. 2d 624, 626 (Fla. 1982). 6. At the conclusion of the CEB hearing, the Blockers were found to be in violation of the County's zoning regulations by operating a mobile home park in an area designated non - residential. In this case, the CEB decision was rendered only after a duly noticed hearing, where testimony was given, and evidence was presented to a neutral quasi-judicial body. 7. The only building permits and applications for building permits produced at the hearing were (1) 1963 permit # 4086 for construction of a concrete residence; (2) January 28, 1963 application for permit # 4089 for an addition to a CBS structure; (3) July 19, 1967 permit # 67 -759 for an addition for a kitchen and car port; (4) July 31, 1985 permit .4-1-85-362 for the replacement of a mobile home; (5) July 31, 1985 permit # I -85 -363 for the replacement of a mobile home; and (6) an October 17, 1990 application for a permit for a screen enclosure. 8. Copies of the 1965 and 1970 Collier County Zoning Regulations were presented to the CEB. Mobile homes were not permitted adjacent to any zone higher than R -3. The 1970 Zoning Regulations for Immokalee Area Zoning referred to non - conforming lots and non - conforming uses and provided for non- 3 "8A conformities, including mobile homes, to be discontinued within one year of the effective date of the 1970 ordinance. 9. The 1967 permit issued to add a kitchen and car port to a concrete block structure indicated the zoning was Retail Commercial District -2, ("C -2 "), or C71cluded rcial Light Industrial District -3, ( "C -3 "). However, in 1967, "C -2" and "C- 3" mobile homes. 10. In 1985, two (2) mobile homes were permitted to replace old ones. However, no permits were presented for the original mobile homes. 11. According to permit evidence presented at the hearing, by 1965 there were only two permitted concrete structures. By the time of the April 27, 2006 hearing, there were thirty-one (3 1) residential structures, mostly mobile homes, on the lots owned by the Blockers. 12. A non - permitted use under the applicable Collier County Zoning Codes becomes a "non- conforming use." A "non'-conforming. use" cannot be expanded. 13. At the time of the hearing on the violations, some of the dwellings extended over into the adjacent junkyard easement area. The adjacent prope�,� s �f zoned for junkyard use and immediately west of the mobile homes is an junk yard facility. 0 14. The Blockers failed to comply with any of the CEB Orders and 4 Ni,gp sd 10" — 0 0 Notices of Violations; and in 2007, Affidavits of Non - Compliance and Requests for Imposition of Fines were issued. 15. The Court has accepted the CEB's findings of facts and has not substituted its findings for those of the CEB. 16. The Court further finds: (1) the Collier County CEB afforded the parties due process of law; (2) the Collier County CEB's Orders meet the essential requirements of law; and (3) the Orders are supported by competent substantial evidence, ORDERED AND ADJUDGED: the orders of the Collier County Code • Enforcement Board are affirmed and the Appellant's appeal is DENIED. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _. day ofw�% 0. The n bI ugh D. Hayes Circuit Court Judge State of FLQ:r�s�, f, / conformed copies to: Jacqueline Hubbard, Esq. County oWt'MER , Margaret Cooper Esq. I y � gy C.K fii.FY1F!�gI this fsa truebnd correct Patrick G. White Esq. Co of a docunient•recorded in the,OFFICIAL . Q� lu �r 1 COR6SiPf 111Y Co�ualy.,WFTNESS.�y hand ``1 lZ�� a,�n�d` official ir; te!2 Chi 1a, 0o /o t-LyrlG L K ©F- QURTS g� D.C. ® �r s y, W NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING �^ MOTION AND, IF FILMED, DETERMINED - IN THE DISTRICT COURT OF APPE OF FLORIDA J., == SECOND DISTRICT t: JERRY BLOCKER and KIMBERLEA ) BLOCKER, ) Petitioners, . ) ) V. ) COLLIER COUNTY, a political ) subdivision of the State of Florida, ) constituted as THE BOARD OF' ) COUNTY COMMISSIONERS, and the ) COLLIER COUNTY CODE ) ENFORCEMENT BOARD, ) Respondents. ) Opinion filed November 10, 2010. Petition for Writ of Certiorari to the Circuit Court for the Twentieth Judicial Circuit for Collier County; sitting in its appellate capacity. Margaret L. Cooper of Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, and Patrick G. White of Porter, Wright, Morris & Arthur, LLP, Naples, for Petitioners. Jacqueline Williams Hubbard, of Office of the Collier County Attorney, Naples, for Respondent Collier County. No appearance for Respondent Collier County Code Enforcement Board. Case No. 2DI0 -1025 El PER CURIAM. Denied. CASANUEVA, C.J., and NORTHCUTT and KHOUZAM, JJ., Concur -2- 8A d lu � � @p `8 A. ^� am, n J _ [ C. � %W /k � � �^ �w \ 25 7K M c \ §] z \� 7■ \0 Pr w CA w � 1� cn� §} k� \� �� CL �k §@ ƒ § � o r 2 E NO CL 2S 0 3 J2 22 0 00_ ■ §d §\ to �� \\ �a / / / J� m & 0 7 0 E E tb C§ 7 7 7 Ln 3 L o - � k k kf k « # ® I m \\ § 0 \\ I� c \ �C oj w / �a ® cn � ¢ � \ 7 k \ I ®_ :3 A; - G E ƒ G $ ƒ � }}< c�t § 8- 0 �� i� fD .a May 20, 2010 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida May 20, 2010 LET IT BE REMEMBERED, that the Collier Coun ty Planning Commission, in and for the County of Collier, havin g conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, p es, Florida, with the following members present: CHAIRMAN: Mark Strain Donna Reed -Caron Karen Homiak Paul Midney Bob Murray Brad Schiffer Robert vigliotti David J. Wolfley ALSO PRESENT: Jeffrey Klatzkow, County Attorney Heidi Ashton- Cicko, Assistant County Attorney Nick Casalanguida, GMD Deputy Administrator Ray Bellows, Zoning Manager Is Thomas Eastman, Real Property Director, CC School District Page 1 v "8 A � * *REVISED ** AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, MAY 20, 2010, IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM, INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING, IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF 'THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY SECRETARY 3. ADDENDA TO THE AGENDA 4. PLANNING COMMISSION ABSENCES 5. APPROVAL OF MINUTES —April 1S, 2010 6. BCC REPORT - RECAPS — May 11, 2010 7. CHAIRMAN'S REPORT 8. CONSENT AGENDA ITEMS A. LDC Amendment 2.03.07 G -- Immokalee Deviation Process [Coordinator: Susan Istenes] B. SV- PL2009 -2421 TAC Holdings, L.P., represented by Jeff Riggins, of Riggins Associates, is requesting a variance from Collier County Land Development Code (LDC) Section 5.06.04 F.I. which requires a minimum separation of 1,000 lineal feet between ground signs to allow a sign separation of 603 f feet between two ground signs. The subject property, American Momentum Center, is located on 8625 Tamiami Trail North in Section 33, Township 48 South, Range 25 East, Collier County, Florida. [Coordinator: Nancy Gundlach] 8A C. PUDA- PL2009 -1499 Lennar Homes, LLC, represented by David R. Underhill, Jr. of Banks Engineering, and R. Bruce Anderson, of Roetzel & Andress, LPA, is requesting an amendment to the Heritage Bay Planned Unit Development (PUD (Ordinance No. 03 -40) to add additional development standards for the AC /R3 designated area on the Master Plan to allow townhouse units, by amending Section 2.24, to add item F and by adding Table 2A, by allowing deviations from the land Development Code (LDC) Sections 6.06.O1.B and 6.06.01.01(0) regarding standard road section and road width; by allowing a deviation from LDC Section 4.05.02.F to allow back out parking; and by allowing deviations from LDC Sections 4.05.02.J. and 4.05.03 regarding same -lot parking facilities to allow parking within easements dedicated to all residents; and by adding Exhibit A -I to show the layout; and by adding Exhibit A -2 to reflect the area wherein the amendment is effective; and by adding any other stipulations or regulations that may result from the amendment process pertaining to the 26i -acre AC /R3 designated area within the 2,562 acre Heritage Bay PUD project. The AC /R3 subject property is located in Section 23, Township 48 South, Range 26 East, Collier County, Florida. The subject 2,562± acres (the entire Heritage Bay PUD) is located on the north side of Immokalee Road (SR 846) east of Collier Boulevard (CR 951), in Sections 13, 14, 23, and 24, Township 48 South, East, Collier County, Florida. [Coordinator: Kay Deselem] Range 26 9. ADVERTISED PUBLIC HEARINGS A. LDC Amendment Manatee Protection Plan — Shoreline Calculations [Coordinator: Stephen Lenberger] B. C - 2008 -5, Petition requesting an amendment to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map, to make revisions to the entire Master Plan to include: increases to commercial acreage, industrial acreage, and allowable residential density; elimination of some existing designations; creation of a new designation for the Immokalee Regional Airport site; and, addition of approximately 103 acres presently designated Agricultural /Rural within the Rural Lands Stewardship Area as Identified on the countywide Future Land Use Map. [Coordinator: Carolina Valera, Principal ® Planner] 10. OLD BUSINESS 11. NEW BUSINESS A. Adoption Hearing schedule for GMP amendment petition CP- 2008 -5, Immokalee Area Master Plan [Coordinator: David Weeks, Planning Manager] B. Conversion of the Standard Industrial Classification (SIC) to the North American Industry Classification System (NAICS) [Coordinator: Susan lstenes, AICP, Manager, Special Projects] 12. PUBLIC COMMENT ITEM 13. DISCUSSION OF ADDENDA 14. ADJOURN 5110/10 CCPC Agenda/Ray Bellows /jmp ® i p"8A May 20, 2010 • standard terminology the whole way through, which i Trafford/Camp Keais Strand System Overlay. We s Lake wetlands connected to anymore. y don't have the MR. MULHERE: Yeah, I think -- you're right. Thank you. We need to revise that. CHAIRMAN STRAIN: Okay, anything else on 26, 27? (No response.) CHAIRMAN STRAIN: If not, we'll go to 28 and 29. COMMISSIONER SCHIFFER: I do, Mark. CHAIRMAN STRAIN: Go ahead, Mr. Schiffer. COMMISSIONER SCHIFFER: Bob, on this rezoning, it's 6.1.9, this is kind of confusing me. First of all, I think the first sentence of it does, from that point on. What are you really saying there is -- MR. MULHERE: Actually, we have to have some discussion. If it's okay with you, there's some substantive changes on 6.1.6., if ou want to gust take care of those, and then we'll get that one too. y COMMISSIONER SCHIFFER: Sure. MR. MULHERE: I mean, I just -- I don't want to lose sight of something that's previous. We have to have a little bit of discussion here on the mobile home issue. Let's see if I can get it all. If you look at -- the gray is a change that the County Attorney's Office requested. That I think is really just for clarification o es there. But what it does do is it -- see, the problem we had istha it w' be sometime before the comp. plan is adopted. And there are 11 districts in Immokalee that also occur elsewhere in the county that ng allow mobile homes that when the comp. plan is adopted wil allow mobile homes. p not So we had to -- staff wanted us to expressly state that we would amend the LDC to reflect that prohibition in those districts. Because it will only be a prohibition in Immokalee, it won't be a prohibition elsewhere where those districts apply. So we'll do that through art of our LDC amendments. p Page 94 .7 May 20, 2010 The second part of that is what if somebody comes in right now, tomorrow. This is not adopted. So they would be able to still ermit those mobile homes up until the time of this being adopted. p MS. ASHTON- CICKO: That wasn't specifically the language I requested. I think Bob's proposing it as a result of our discussion on my comment. MR. MULHERE: Right, actually I think it was more David's discussion. CHAIRMAN STRAIN: Okay, but there is a case out there right now that these two policies pertain to, is it -- is that correct? MR. MULHERE: Are you talking about -- CHAIRMAN STRAIN: The Blockers' property. MR. MULHERE: Okay, no, they didn't specifically pertain to that. I'm going to get to that too. CHAIRMAN STRAIN: Okay. MR. MULHERE: They didn't -- CHAIRMAN STRAIN: I want to understand what we're in to do by the changes. Because I know that the prior language it g the a language p without gray guage was basically flying with -- I mean, I talked to Fred about it and various people, everybody seemed satisfied with it. MR. MULHERE: Right, we're -- CHAIRMAN STRAIN: I'm not sure -- MS. ASHTON- CICKO: That's 6.1.7. CHAIRMAN STRAIN: Huh? MS. ASHTON- CICKO: I think Bob's on 6.1.6. right now. MR. MULHERE: Yes. MS. ASHTON- CICKO: And 6.1.7 is the one that addresses -- MR. MULHERE: I'm going to get to that, I just wanted -- CHAIRMAN STRAIN: Well, but 6.1.6 says that -- on the third line up, or if the use is allowed within the acceptable underlying zoning district. Isn't that the issue at hand with some of the processes Page 95 8A Ma 20, 2010 ® MR. N4TJLHERE: No, because -- CHAIRMAN STRAIN: -- going on now? MR. MULHERE: Once -- this deals with -- until such LDC amendment is adopted, new mobile homes shall be permitted as provided herein until the underlining (sic) zoning district -- if they're permitted in the underlying zoning district until the LDC is amended. That deals with the situation that we have of having VR and AMH, not only in Immokalee but also in other areas that allow mobile homes. So we have to expressly prohibit those uses in those districts in Immokalee. And legally until that happens, they can still come forward and get mobile homes. CHAIRMAN STRAIN: Okay. MR. MULHERE: So that's one issue. And David, unless I've got that wrong, I think -- now, let's move to 6.1.7. Interestingly enough, when we wrote paragraph A, our intent was 0 that that be read and that apply to existing obile homes es in Immokalee on individual lots or parcels, but not a part of a subdivision for mobile home parks. But the way we wrote it, if you don't read the gray, if you just read the yellow, is that it would also apply to existing mobile homes within mobile home parks that were not approved. And so the example that you cited, the Blocker example, is the only one that I know of It's a mobile home in an industrial zoning. You know, I guess there's two ways to look at it. I'm not trying to take the position that I'm representing Mr. Blocker's position. I think the county's position is that that was not an approved mobile home park, okay? So if you read paragraph A without the gray, that would then become a legal nonconforming use and be subject to nonconforming provisions. And that's how Heidi read it. And after Heidi explained to me how she read it I thought, you're absolutely right, that is how it Page 96 04, S A f May 20, 2010 ® reads. So we have a couple of options. The language in the gray was what we discussed that would clarify what our original intent was. I'm not suggesting that that's what we have to do here. But that would clarify — CHAIRMAN STRAIN: But doesn't that -- this kind of gets into the shoreline calculation. I mean, we reversed a couple words and it changes the entire intention and meaning of what's being done. The prior document that we have in our possession said, existing mobile homes not located within an improved mobile home park or subdivision may continue. This one says existing mobile homes located on individual lots or parcels and not located -- MR. MULHERE: Yeah, that phrase -- CHAIRMAN STRAIN: So that throws in an issue of platting. So basically then you got -- how do you have a -- MR. MULHERE: It doesn't necessarily throw an issue of platting. The purpose of the -- our intent -- maybe I haven't made myself very clear. Our intent was there's a bunch of mobile homes in Immokalee on ag. zoned property, on VR zoned property, on single lots or on five -acre parcels, they're not part of a mobile home subdivision and they're not part of a mobile home rental park. And moving forward, those aren't going to be permitted. So that was our intent, to say that those will be treated as legal nonconforming. But we didn't write it very well, because when it was read, it could just as easily be interpreted to mobile homes within a rental park or subdivision that isn't approved. Then I guess you'd have to define approved. But that's the way Heidi read it and that's the way I think it could have been read very clearly. CHAIRMAN STRAIN: Jeff? MR. KLATZKOW: The County's in the process of foreclosing the Blocker property. Before I take property away from somebody, I Page 97 20, 2010 • need to know, okay, what are we doing here? If -- do we intend to allow the Blockers to remain in that use or do we intend otherwise? MR. MULHERE: Well, let me be very, very clear. Originally when we wrote this language -- you have to now go down to a different section here. If you go down to paragraph C, which would extend the time period when nonconforming mobile home parks could go through the site improvement plan process to become legitimized, right, there's a condition on that. And that condition is that last phrase that says, and which are located within sub - districts that allow residential uses. Okay? That excludes the Blocker property because it's in an industrial sub - district. Proposed industrial sub - district. CHARUVIAN STRAIN: So 6.1.7. would then force the County Attorney's Office to foreclose on the Blockers property because of the way it's written. MR. MULHERE: Well, I didn't know that. That wasn't our consideration. Let me just -- give me two more minutes because I'll -- during the time we wrote this, the county was in a lawsuit with the Blockers. And I coordinated with the assistant county attorney who was Jackie Hubbard, right? Robinson? Jackie Hubbard. Anyway. CHAIRMAN STRAIN: Jackie Robinson's a fighter. MR. MULHERE: Well, that was her name prior. Whatever, anyway. So providing this information to her, there were concerns expressed about whether or not the changes I proposed would legitimize -- would have an impact on that litigation and potentially negate the county's position. Therefore, I added that phrase, and which are located within sub - districts that allow residential development. Which then precluded the Blockers from taking advantage of that opportunity and didn't have any -- then would have no impact on the litigation. I just want to -- two more minutes. One more minute. Page 98 ` 8A May 20, 2010 If you would like to not force a foreclosure of the allow the Blockers to continue to have that mobile home subdivision property and bdivision in operation until they replace it with some other use that's going to be allowed under the industrial sub - district that they have, or will have then I would suggest to you that A would be the more appropriate course of action. Because that won't legitimize it other than to make it legal nonconforming. If you follow my thinking. CHAIRMAN STRAIN: Well, but see, C says additionally. So even no matter what you do with A, you still have to comply with C. MR. MULHERE: You should comply with C, because that would -- CHAIRMAN STRAIN: Okay, well then -- MR. MULHERE: -- that would approved it. CHAIRMAN STRAIN: But compliance with C puts you back in the loop where we have litigation. Now, I think it really boils down to what does the community of Immokalee think about the process? What do they want out there in regards to this Blocker residence? Because if they're not objecting to it, why are we going through a foreclosure process? Because -- I don't understand it. MR. MULHERE: No one discussed specifically the Blocker property during this process. CHAIRMAN STRAIN: Well, maybe you should. Maybe it needs to get on the table and get done. MR. MULHERE: But let me just tell you, I think the intent of the community was to limit the allowance of mobile homes across the spectrum of the community. CHAIRMAN STRAIN: I would agree with you. But the way this is written, though, it only negatively affects this one piece of property. It's just kind of like the shoreline calculation, if it goes forward, it's going to be done because this one property is being attacked. Why don't we just -- Page 99 rgA .- i May 20, 2010 MR. MULHERE: I would suggest if the Coun ty Attorney's 's Office doesn't object -- doesn't object to it relative to litigation or something along those lines, doesn't object to that use continuing, I'll -- I mean, I'll defer to Penny, but — CHAIRMAN STRAIN: Well, I've just seen some pictures of that particular mobile home area, and I don't know why --- and from the pictures I've seen, it was presented in a manner that there wasn't an objection to it. MR. MULHERE: I've actually been to the site several times. It's not -- CHAIRMAN STRAIN: So why are we going forward with more needless litigation and we can write this so that it works and covers us in that one situation in a way that doesn't foster more litigation? MR. MULHERE: Then if that's the case, then to do that I would suggest that you simply take out that phase in C which says, and which are located within districts that allow residential -- that phrase comes out. The A is not applicable, because it doesn't really -- it wasn't intended. Or you could even take out the gray in A and then it would be legal nonconforming and could go through the process. And I don't see where that's a -- Jeff, I mean, correct me if I'm wrong, but is going through the process the issue? I don't think so. It's not being able to go through the process. MR. KLATZKOW: The issue is this: Staff gave an opinion that the use of the mobile home park was unlawful because it was in violation of the comp. plan. That's why they could never go through the, what is it, SIP process, okay. Staff then took that in the form of a code complaint to the CEB, Code Enforcement Board. Code Enforcement Board made a ruling, yes, and that has led to my office years later in the position where we're going to foreclose on that property. All right? This is not a policy issue with respect to the County Attorney's Office, this was an initiative that was started by staff believing that this was a code Page 100 008 A May 20, 2010 violation. All right? If it is the intent to make this use legal, that's fine, I will stop the foreclosure because there's no point on continuing g If the intent is to put this mobile park out of business, then fine, just let me know. I just need to know the intent, because I don't want to be fighting over what this language means, what this language doesn't mean. I want the intent clear to the Planning Commission who can then make a recommendation to the board. We'll then have the intent clearer to them, and I can either be done with it or I can conclude this to foreclosure, to its final conclusion. It's one or the other. CHAIRMAN STRAIN: Thank you. Mr. Midney? COMMISSIONER MIDNEY: I would like to know the location of this trailer park. CHAIRMAN STRAIN: Well, Fred's probably got the answer right behind you. Bob? MR. THOMAS: It's the one down at the end of Alachua Street. Down the end of Alachua Street next to the old dump, okay? I will tell you how I got involved in this. Fred Thomas, Chairman of the Master Planning Envisioning Committee. We had several families come to us about seven, eight months ago who live on single - family lots to the west of 29 on Immokalee Drive with code enforcement problems. Because they took an old map; Code Enforcement looked at a new map and saw buildings and structures on the new map that was not on the old map, because this was done before we had the initial Growth Management Plan when we had a separate planning commission in Immokalee. And they couldn't find any documents to show where they got permits to do those things. Okay? And this mobile home park is in the same situation. And it Page 101 • .7 w*� S A 9 May 20, 2010 shouldn't have been a code situation, it was a land use situation. Now, we all want that property to be industrial, to help with our industrial development. There is a very viable mobile home park that's on there that should be legal nonconforming and be allowed to do an SIP until such time that they could take advantage of the industrial use. That's all we're asking for. CHAIRMAN STRAIN: Well, that's the succinct detail we need. And is that -- you're talking as now the visioning committee and the CRA and those boards all talk about this issue, Fred, so it's not -- you're not talking out of school? MR. THOMAS: No, we haven't talked about Blocker. MR. MULHERE: We've never talked -- CHAIRMAN STRAIN: Well, is any -- do you believe the committees that you're on are sharing a similar opinion as yours? MR. THOMAS: I think you can look at Paul Midney, I think we all -- when the county came up with the first Growth Management Plan in the early Eighties -- middle Eighties, we wanted to make sure we protected the existing use and existing rights that the families had. So we put in a clause that the County Attorney's Office didn't even know, that if you didn't do more than a 51 percent change in your property use, you didn't have to go through the new deal. You understand? If you put more than 51 percent, then you had to come up to all the new codes and what have you, okay? So that we could protect the existing property uses until such time they could take advantage of the new direction that we're trying to go. And we want to become the industrial hub. We don't want to make this man change it back to residential, then change it back to industrial later. It's just a legal nonconforming use that will disappear as soon as he can take advantage of an industrial use. CHAIRMAN STRAIN: And I think Mr. Midney's indicating by nod of the head he's in agreement. I don't know if this board has a reason to disagree. Page 102 08A "r May 20, 2010 • Bob, why don't we make sure the language happen, and that takes cares of the problem with is able to make that Attorney's Office and everybody walks ith the County rY Y away fairly happy. David? MR. WEEKS: I have a question. We're talking about a very specific property. What I don't know, and I ask if anybody does know, if there are any other similar situated properties. MR. THOMAS: That's the only one. CHAIRMAN STRAIN: I've been told there are by numerous people, but I can't attest to it myself. I've just been told -- MR. THOMAS: This is the only one that falls in that category. The only one. The only one. MR. WEEKS: So all other mobile home parks and subdivisions in Immokalee are on lands zoned mobile home or VR -- MR. THOMAS: Yes. And our future land use will be -- mobile home would be or something like that. CHAIRMAN STRAIN: Okay, you need to use the microphone. MR. THOMAS: I'm sorry, we're talking two different things. I hear you where you're going now. In the Future Land Use Map, all the rest of them are located where they're supposed to be, mobile home parks. Okay? Now, I'm not going to say there are any other legal nonconforming. When they tried to do an SIP for this property five or six years -- the Blockers gust got the property in 2002, I think. When the tried to do an SIP they wasn't allowed to do the SIP because of the aster planning going through and not knowing what the future land use and all that kind of stuff. You see? We had that problem. MR. MULHERE: There was a deadline. MS. VALERA: It was a timeframe. MR. THOMAS: A deadline or whatever, there was a problem. 10 So the point is, the question came up whether they rezone it so Page 103 wA8 A ', i May 2Q 2010 ® they can do it, and that didn't make any sense either, you understand? But this is the only mobile home park that it fits that degree of -- Mr. Weeks? This is the only one, only one. MR. KLATZKOW: Just for clarity, this is not a legal non- conforming use, this is an illegal use. That's what staff determined. Because this is not a zoning issue, this is a comp. plan issue. You are not allowed to have residential within an industrial area, all right? So this is not a -- this property could never go through this SIP process -- MR. MULHERE: Right. MR. KLATZKOW: -- because it is an unlawful use, not legal non - conforming. So what I'm understanding now is the intent here is to change the comprehensive plan to now allow this as a lawful use. MR. THOMAS: No. CHAIRMAN STRAIN: Well, let's get to the bottom of it. MR. MULHERE: No. I mean, I don't know what else to say. I mean, there are hundreds of non - conforming uses made non- conforming by plan changes that are allowed to continue to exist until they are forced out of the code out of existence through the non- conforming sections of the Land Development Code. Seems to me that that's what we're -- CHAIRMAN STRAIN: But I think because it's zoned industrial it could never be legal to begin with; therefore, it cannot be a legal non - conforming use. MR. MULHERE: It wasn't always zoned industrial. MR. KLATZKOW: No, no, no, I -- MR. THOMAS: Excuse me, it pre- existed. It pre- existed any zoning that made it industrial. MR. KLATZKOW: Look, that's your position. But staffs position and what the Code Enforcement Board upheld and what the superior court has upheld is that it is an illegal use and it's always been an illegal use. So that if you want to make this a lawful use by Page 104 ..BA May 20, 2010 changing the g g comp. plan, that's fine, let's do that, okay? MR. M[JLHERE: I don't know how we're going to do that. MR. KLATZKOW: I'm indifferent, all right? But if you're telling me what you're simply doing is allowing a legal non- conforming use to stay there. This is not a legal non - conforming use. I dust want to know, is it the intent here to allow the Blockers to stay here or not? CHAIRMAN STRAIN: I haven't heard an objection from it. Paul, you're the representative on this board from Immokalee. Just what's your opinion on this whole thing? COMMISSIONER MIDNEY: I think it's unfortunate. I mean, when you have a viable mobile home park that people are living in and that they're, you know, trying to keep, I don't see why we want to go to foreclosures and lawsuits. MR. MULHERE: Can I ask a question? If -- in order to comply with what the County Attorney is proposing, we would need to go through -- the only way I know how to do it would be to 0 g to the industrial district and add mobile homes as a permitted use. How else do we make it a legal use? MR. WEEKS: Mr. Chairman? CHAIRMAN STRAIN: Go ahead, David. MR. WEEKS: That's why I wanted to ask a question of Jeff, since we're getting into this more. Jeff, I thought I heard you specifically say that it was represented to the Code Enforcement Board and I guess subsequently the courts that the issue here was a noncompliance with the designation on the Future Land Use Map in Immokalee. MR. KLATZKOW: Staffs position has always been that this was never a lawful use, that it's industrial property and this is residential use. And that was staffs position, all right, which is why we're here. This is why I could never settle this case, because it's an unlawful use. All right? Page 105 L n I om *16 1 a May 20, 2010 I just need to know, is the intent here with the changes we're making today is to allow the Blockers to stay there? MR. WEEKS: And the specific point I'm trying to get to, and Bob I think touched on it as well, is it's more than a future land use issue, it is a zoning issue. The property is zoned industrial. It is a -- industrial zoning district as well as the designation does not allow any type of residential development. That's where I think Bob touched on it. Even if we change this future land use language in a way that would no longer make that use noncom -- non - conforming's not quite the right term, but not consistent. If we change the language so that it is consistent with the Immokalee Future Land Use designation, it is still not allowed by the zoning district. That doesn't fix the problem is what I'm saying. CHAIRMAN STRAIN: So basically what you're saying, there's nothing we can do here today with this GMP that's going to resolve the problem. MR. MULHERE: There is one thing. It just dawned on -- I mean, you could. You'd have to put a specific new paragraph or paragraph that deals specifically with that property, okay? Typically we don't do that, but you could. That's -- or generally deals -- since it's the only one, you could make a general statement that says existing mobile home parks may continue to -- I mean, I thought that's what the non - conforming language was for. CHAIRMAN STRAIN: Mr. Murray, go ahead. COMMISSIONER MURRAY: Yeah, Mr. Klatzkow's in a strange position here. From what you've said, it's illegal, it's not a proper zoning. I don't know that you have a choice but to go forward. MR. KLATZKOW: Well, the way it is currently constructed. But getting on what Bob's just said, you could put a provision in here that says for industrial zoned property, okay, existing mobile home parks shall be an approved use. But there shall be no further Page 106 X01. 8 A 4 May 20, 2010 expansion or new ones. And if this is the only one, all right, I think we're done. It's sort of like what we did a couple weeks ago with Tony Pires and his client. CHAIRMAN STRAIN: Right. MR. MULHERE: And the difference would be that you wouldn't have the same -- you wouldn't have the same regulatory effort to cause it to come -- go out of existence as soon as possible. And what I'm talking about is the non - conforming regulations that sort of force a non - conforming use over time out of existence. MR. KLATZKOW: It's been there 50 years. CHAIRMAN STRAIN: And I know. And I think that we need to get out of this without litigation. And I think that you've got the sympathy of the community in favor of it, so why are we fighting it? I think the direction ought to be we're going to be taking -- we're going to go to lunch, come back with an idea to resolve it and let's just get it done. And then it solves the problem for the county, it solves litigation, it solves problems for the community. Ms. Caron? COMMISSIONER CARON: I just want to make sure. There has been testimony, but I don't know if it's accurate testimony, that this is the only one. We don't want to be making the situation worse. So if you limit it to just this particular case, we're probably okay. But I certainly wouldn't want to see this go forward so that anything else that might be out there now suddenly -- MR. MULHERE: We could do this; I think that's a very legitimate concern, because we haven't checked that. So what we could do is assume for the moment that it is the only one, I think it is in industrial, and we're only talking about industrial. And we can verify that between now and, you know, a few days. And we could certainly let you know if that's not the case. Assuming at lunch we come up with some language, which we should be able to do. Page 107 ea May 20, 2010 CHAIRMAN STRAIN: Okay. And I think we're going to end up spending part of the afternoon here. Mr. Schiffer has to leave at 1:00. In deference to his last question, why don't we finish that question up. MR. MULHERE: Okay. CHAIRMAN STRAIN: And then go to lunch and come back an hour after that. So Cherie', as soon as we finish with Brad's issue, we'll take a break. MR. MULHERE: And if I could, I'm going to have to give you some revised language on this. Because the County Attorney's Office has revised this language. And I could put it on the visualizer if that's easier than -- you know, I think it might be easier. CHAIRMAN STRAIN: Try it. MR. MULHERE: Can you read that? Or is -- staff and David and Carolina and Heidi and -I met yesterday. Part of our discussion was on this section. The underlying language that you see was Heidi's revisions, which are acceptable, and some strike- through language. The blue, the new hand - struck through language was David's recommendation upon reviewing it. So what we have is agreement between Heidi, David and myself, that this language effectively addresses the issue. And if you'd like me to explain the issue, I can do that. CHAIRMAN STRAIN: Why don't you explain the issue that Heidi then brought up so we understand what you're correcting it for. MR. MULHERE: Well, the issue is this, and the same thing in '89 when we adopted the plan. You have some zoning, developed and undeveloped, that would no longer be consistent with the plan. But we're not proposing to go in and rezone those properties, we're going to allow them to continue, but they can't further intensify. They can Page 108 08A 1.4 May 20, 2010 be -- they can rezone to an equal or lesser intensity or density. So let me give you an example. On the East Trail o y u ve got three or four parcels that are Zoned C -3. Not in Immokalee, I'm in coastal Collier County now. You've got three or four parcels that are Zoned C -3. _I want to change it to a PUD. And I want to allow a use that maybe isn't permitted in C -3, but I can demonstrate that that use will be of equal or lesser intensity than the other uses. This permits me to go ahead and do that. It also permits me to change that C -3 to residential. Because originally there was a total prohibition on rezoning those, but then it was changed to allow you to do it to an equal or lesser intensity or density. MS. ASHTON- CICKO: In my change, and my concern was just the language that they used where they're saying we're going to go ahead and zone things in the future that's inconsistent with the land use designation. That's the problem I had, not with the concept. So the change in language is not to change the concept, just the inconsistency. And then I added -- so that resulted in a change in your first paragraph and also in your Subsection D. So I made no changes A through C. And then I added a section that, you know, if it's initiated by the landowner, then they shouldn't be able to use this section, so I put that in. And then worked with Jeff on B, which is a new language that deals with vested rights and takings. CHAIRMAN STRAIN: And B is interesting only because it's, all applications must be submitted within one year of the effective date of the IAMP or applicable amendment. So when this gets adopted, the one -year time table would start. How does (sic) general public affected by this, unless they're notified in writing? How do they know that the time table started for them? MS. ASHTON- CICKO: I guess in practice they probably wouldn't know. Page 109 • May 20, 2010 CHAIRMAN STRAIN: Right. So, I mean, the year y oes b and they're down the road a year or two and they need to -- the discover they have this problem, but then they're barred from coming in for a VRD. Do we need that limit -- do we need that timetable in there for the VRD process? MR. MULHERE: Is this being treated any differently than how you treat the coastal area? COMMISSIONER CARON: Right. MR. KLATZKOW: No, I think the coastal area is one year as well. MR. MULHERE: That's my point. MR. KLATZKOW: Which is why I picked the one year. I just took what we did in the coastal area and put it in here. CHAIRMAN STRAIN: And I think most people didn't even know that the whole process existed within that one -year time frame. That's not really fair to the public. I mean, it doesn't mean because we did it in the coastal area it's right. And I'm just wondering if we need to do that. It's kind of a back door way of shutting everybody out from appealing a decision they never knew occurred. y MR. KLATZKOW: But we're not shutting anybody out, we're giving them -- I'm giving them a remedy here. You're just saying that you want a remedy that has more years appeal. CHAIRMAN STRAIN: No, I want a remedy that they know about. If they don't know it, they don't know it's a remedy. That's what my concern is. COMMISSIONER MURRAY: How about adding public notice? CHAIRMAN STRAIN: Well, the public notice is simply the p rocess we're going through toda y, public notice. COMMISSIONER MURRAY: No, I'm thinking of newspaper or something of that nature where -- MR. MULHERE: Well, you'd have to take out an ad in the paper Page 110 • A • May 20, 2010 that says after adoption, the IAMP has been adopted, not -- COMMISSIONER MURRAY: Right. p e MR. MULHERE: -- that anyone who feels they've been adversely impacted has one year to establish a -- COMMISSIONER MURRAY: That is what I'm -- CHAIRMAN STRAIN: Well, I'm concerned about that issue, Jeff. And I know how we did it in the coastal area. It happened actually right after I got on this Planning Commission 10 years ago. And I didn't think -- I was wondering -- I didn't know then how people would find out. Well, now I've been on here longer, I know how people aren't going to find out. And they aren't. So it's a little concerning. MR. KLATZKOW: No, I'm not -- that's fine. Would you -- how many years would you suggest? CHAIRMAN STRAIN: I don't know. I'm just trying to figure out how you get to a property owner who doesn't -- especially in Immokalee they may not read the a er. The p P y may not have access to these public hearings all the time. MR. XfULHERE: We're talking about what we believe is right or what we believe is right versus what's legally required. CHAIRMAN STRAIN: Oh, been then what's right should be what's legally required. MR. MULHERE: But it's always. I mean -- CHAIRMAN STRAIN: Well, we need to correct that. MR. MULHERE: The notice requirements for -- sorry. MR. KLATZKOW: There are two issues here. One issue is you don't go onto limited people's existing rights and you want to give them some sort of remedy. Now, right now, they have a Bert Harris Claim. But I was really trying to give people something more efficient than that with this, so that's why I tied it into the vested rights as an alternative. ® But the other issue is that you're adopting a new plan here for Page 111 May 20, 2010 Immokalee. Eventually you want that lan , you know and be the plan. So you need some sort of , to go forward adversely affected. They come and say imeline where people are adversely affected"b plan, Y hey' wait a second, I'm Y Y our p , and then we deal with that. You don't want to be 10, 15 years down the road where somebody says wait a second, and now you've got in essence a hole in your plan. CHAIRMAN STRAIN: Well, I'll tell you what, why don't we -- MR. KLATZKOW: So one year, two years, four years -- CHAIRMAN STRAIN: -- come back to this after we come -- we're not going to finish this discussion now. Let's just come back after lunch and maybe think about it and hopefully introduce a time frame that works. Something better than what we've got. I can tell you, one year's not much. MR. MULHERE: Is it the time frame or the notice? I mean, that's the point that I'm trying to make. If it's a more extraordinary effort to notice people, then seems to me that's an easy -- you can't notify individual property owners it's too ex through an ad in the paper, or you could even expensive. You can notify extra steps because of -- you know, there's Inun.okalee take some Property that don't read the Na les �D i a lot of folks that may own -- p a ly News or whatever, you know CHAIRMAN STRAIN: Well, I think that we need to have -- MR. MULHER.E: -- The Bulletin. CHAIRMAN STRAIN: We need to have some way of making sure these Pe -- everybody's aware of what's happening to their property. And I don't think just saying it in a paragraph that you've got one year to do something about it is enough, so anyway -- COMMISSIONER SCHIFFER: And just before I leave, what's the problem that you're preventing with that? What if a pers -- there was no time limit and I have a commercially zoned piece of property. The master plan has it as what, high density residential? I mean, where do we get in trouble 10 years down the road? Page 112 &8A May 20, 2010 MR. KLATZKOW: Well, we don't , but years down the road. Whatever remedies there's no remedy 10 Statutes, which right now is re s you've got in the Florida pretty much the Burt Harris Act and I think that's a one -year limitation period, off the top of my head, I could be in error there, that's it. CHAIRMAN STRAIN: I think he's saying, what if we take out the one -year clause for the VRD and we have an unlimited timeframe for someone to ask for a VRD? COMMISSIONER SCHIFFER: I mean, I have a commercial use now, I'm happily commercial, and I didn't notice all this stuff, I was fixing cars, I wasn't paying attention to this. And then where would that be a problem for the master plan? And why is the timeframe -- MR. KLATZKOW: Well, because what will happen is you ma y get a block developing a certain way, which is what the master plan wants you to do, and you'll have one owner 5 years from now, 7 years from now, 10 years from now saying wait a second, I had the ri ht to do this other thing beforehand sort of takes away , and that so g going to do something different from w y -- he's hat everybody else is doing. MR. MULHERE: There's got to be a limit. CHAIRMAN STRAIN: David? MR. WEEKS: Commissioners, I want to make sure we understand what this policy is dealing with. It is dealing with first of all land that is no longer consistent with its future land use designation because of a change of this master plan. But more than that it's specifically dealing with the rezoning of that property. If your property is zoned commercial and the new designation is residential, this doesn't impact your ability to develop that property per its existi zoning. This only impacts you if you want to rezone the roe ng And what the policy says is, you can rezone to the parallel l o anything that is taking you closer to consistency. If You ant to rezone from C -4 to C -1, well, your designation is now for something noncommercial. You're moving closer to consistency. Page 113 • May 20, 2010 This language was taken from Policy 5.1 in the F Element. And it has been amended over he ears. Future Land Use an all -or- nothing provision. You shall zone o b Back in '89 it was plan, period. Which meant if you wanted to rezone from - with the C no. In some cases if you rezone C -4 and you're designated C 4 to C 1, your only consistent zoning might be down to a three-unit residential, residential or agriculture or something like that. Very a per acre ry draconian. drastic. It was And so ultimately the amendment to 5.1 allowed for this: Maintain the same level of density or intensity, or anything that is moving closer towards conforming or being consistent with the new designation for your property. I want to make that clear that we're dealing with the rezoning, not your right to develop the property under the existing zoning. We're not touching that here. CHAIRMAN STRAIN: Right, I understand. • COMMISSIONER SCHIFFER: And David, yet me ask; is it important that a landowner Y in a year. Or what happens if he doesn't notice it till, 10 years, how will that mess up a master plan? MR. WEEKS: Well, I'm still struggling with how are they impacted to the point they even make a vested rights claim. COMMISSIONER SCHIFFER: Right. MR. WEEKS: I mean, there may be some scenario out there, and I think that's the whole reason Jeff wanted the language put in there, that what ifjust in case. I cannot think of such a scenario. Again, you can develop per your existing zoning. This policy doesn't address that at all. It only addresses if you want to rezone it. And again, you can go to the same. So if you want to rezone from C -4 to a PUD that allows C -4 uses, you can do it. COMMISSIONER SCHIFFER: Right. ® CHAIRMAN STRAIN: Okay. I think we can -- we'll drop back Page 114 8A Ai May 20, 2010 on this when we get back from lunch. It by the time we have a little more time to hay not be that complicated Brad, I know you've got to leave. about it. COMMISSIONER SCHIFFER: I do. I just don't want ou to have a tie vote, so I'm going to leave. y Sys CHAIRMAN STRAIN: That will work. And for the rest of the Planning Commission, I would think within a couple hours we can finish up when we get back at the most. So with that we'll take a break and come back here at 1:00. (Luncheon recess.) (Commissioner Schiffer is absent.) CHAIRMAN STRAIN: Okay, everybody, welcome back fro our lunch break. And we left off with a couple lingerin uestio m policies on Pages 28 and 29, and we'll move right into them an ns on continue on. d then Bob, before we start on new stuff, what came about as a resul the thinking or thought on Policy 6.1.7? t of MR. MULHERE: Okay, so we had a discussion. Given the basic -- the limitations that we have the conforming use, it has to be a le ' limitations are, can't be a non - Klatzkow. ga l use, based on what Jeff said, Jeff What we propose then would be to make sure that it's limits actually identify that mobile home park. I have to get an address or to something, I'll put it in there. s or But what we would propose is on the visualizer right no would say something very similar -- g w, and it COMMISSIONER MURRAY: Actually, it's not. COMMISSIONER CARON: It's not here. MR. MULHERE: Oh, computer, yeah. Exit. I go it I CHAIRMAN STRAIN: Electronically challenged. ' got it. MR. MULHERE: I am. ® The existing mobile home rental park located -- we'll define what Page 115 �w8A May 20, 2010 ® It is -- and designated industrial on the IAMP FLUM shall be deemed to be a permitted use -- and then here's s what we thought was appropriate -- subject to submitting and obtaining an approval of an SIP under the provisions and time limits set forth in ara a above. P gr ph C We thought let's at least get them through a Site Im p roveme Plan process to make whatever improvements are app ria Improvement going to be there in who knows how long. pp p te, if it's CHAIRMAN STRAIN: I think that's a pretty good work. COMMISSIONER WOLFLEY: I only have a -- CHAIRMAN STRAIN: Go ahead, Mr. Murray, then Mr. Wolfley. COMMISSIONER MURRAY: Except that I thought that because the way it is currently zoned that it can't et a what -- g n SIP. That's MR. MULHERE: Well -- COMMISSIONER MURRAY: -- MR MULHERE: Klatzkow said. in the com HERE. - that's 'what he said. But I think if we sa it COMMISSIONER plan, then I think its okay. I mean, I don't know -- y MMISSIONER MURRAY: I don't take a position on it ' just curious. , I m MR. MULHERE: I think it's true if we left it silent. But say that it is a permitted use and needs to go throe a si t if we improvement plan, I would think that would b to COMMISSIONER okay. MR. MULHERE: Because MURRAY: ' All right, well -- use otherwise you would have to be a non - conformed use to go through the SIP. COMMISSIONER MURRAY: No I don't have an objection Your effort to try to solve the problem, I just want to be sure to fact do. that we in MR. WEEKS: Mr. Chairman? to CHAIRMAN STRAIN: yes, sir. Page 116 I H016 via May 20, 2010 0 MR. WEEKS: Just to speak p further to that, we did discuss it during the break. And the specific wording using the term shall be deemed a permitted use is specifically phrased that way to have the effect of a mandate. So it is dictating that it shall. In most cases when we deal with land uses we would identify a use as being allowed and then defer to the LDC to determine allowed; by right, conditional use, accessory se or not how it's But in this case we're mandating that it is allowed. allowed all. trumps the LDC. So it, if you wi ll, CHAIRMAN STRAIN: Okay. Mr. Wolfley was that where your question was? COMMISSIONER WOLFLEY: Well, it was -- no, it was regarding the wording. The mobile home is not designated industrial it's the land under which the mobile home exists. So I was just -- MR. MULHERE: Well -- COMMISSIONER WOLFLEY: -- if you could put -- the onl thing I was thinking was that -- y MR. MULHERE: Okay, you're right, we'll -- COMMISSIONER WOLFLEY: -- the plan -- go ahead. MR. MULHERE: I'm sorry. You're right. And I didn't mean to step on you. We'll say and located within the industrial sub - district. COMMISSIONER WOLFLEY: Yeah, or mention that first art about the industrial and then what's on it second. p MR. MULHERE: Yeah. COMMISSIONER WOLFLEY: All right, I'm sorry, I just -- MR. MULHERE: No, that's good. MR. WEEKS: Perhaps the site of the existing. COMMISSIONER WOLFLEY: It's not a big deal. CHAIRMAN STRAIN: Well, I think the intent is clear. Mr. Klatzkow, unless -- do you have an objection to it or do ou see anything wrong? y Page 117 May 20, 2010 ® COMMISSIONER WOLFLEY: T much. _ hat s not going to help you MR- MULHERE: What happened? MR. KLATZKOW: Just for the record, okay, Mr. Weeks, oka y, from a comp, planning standpoint, should this be adopted, okay, the existing mobile home park owned by the Blockers would now be a legal non - conforming use. MR. MULHERE: No. MR. WEEKS: My professional opinion is it should not. There's a reason why the -- there's a reason why the industrial zoning district does not allow residential uses. There's compatibility concerns of types of uses you can have in an industrial area, to have residential the mixed in with that. You have noise, glare, odor, dust truck traffic, cetera. et Secondly there's the potential for health concerns, most particularly the long -term nature because of the potential in an industrial area to have the use or roc s whatnot that involves chemicals, fibe s � fibers, or manufacturing, could generate health concerns for hings that again potentially And the third reason is the residents in close proximity. potential impact upon the industrial land users within close proximity to the site. I can think of one example; it may or may not be the only example. The National Fire Protection Standards specify a distance, minimum distance for storage of propane to residential. We dealt with this man bulk here in Collier County. And whether it was 500 feet, 1 000 feet, ago not the issue. But it's in close proximity. Which the effect that's e if this use is allowed to remain, then that precludes that which is possibly other uses from being located within some s e onn e and from that site. p cified distance I know this development, it's already been put on the record a been there for decades; I think 50 years was mentioned. That s alleviate these concerns. And of course if it's -- if this language e is Page 118 8A May 20, 2010 adopted, then that ensures that it is allo wed to be there for another period of decades or theoretically for MR. KLATZKOW: Let me frame CHAIRMAN STRAIN: Yeah I `,`, it a different -- as going to say, you didn't get to the question that he asked. MR. KLATZKOW: Let me rephrase the uestio If this particular provision is adopted, what would be the legal status of the Blockers' property, in your opinion? MR. WEEKS: That property would then be consistent - use, that location would then be consistent with the Immo t that Plan once this language goes into effect. And it would alee Master with the LDC by virtue of the GMP having, what's uld be consistent superior authority over the LDC. g' t s the word, like MR. KLATZKOW: Is it a lawful use or a -- MR. WEEKS: I would say it's a lawful -- becomes a lawful awful use MR. KLATZKOW: Is it no legal conformin g nconforming or is it just not g• MR. WEEKS: It's conforming. It's conformin . Sub' MR. KLATZKOW: The SIP. g sect to MR. WEEKS: -- the SIP. MR. MULHERE: And one additional item I forgot t we wanted to also put a stipulation that it cannot be e an° mention is P CHAIRMAN STRAIN: yeah, that's fine. I think ds appropriate. nk that''s But that makes it a legal use that solves the roblem conforms to what the community has indicated is a.cc � that Problems go away, we're good to go. eptable to them: MR. WEEKS: Well. MR. KLATZKOW: That's what they're tellin me. C STRAIN: Right. So now -- g COMMISSIONER MURRAY: you need a lawyer. Page 1 l 9 - 8 A May 20, 2010 ® MR. KLATZKOW: No but see where on this is that I am advised that it is staff t I get a little bit skewered what the comp, plan says and what __ that gives the impression of staff interpretation of what the LDC says. ff which gives the So I'm just asking staff from a comprehensive LDC perspective, this is now a law _- if plan and from an use. adopted this would be a lawful MR. WEEKS: Yes. But Jeff, as You well know County Commissioners ultimately inte re , the Board of either directly or through an appeal to them. t the plan or the LDC or -- MR. KLATZKOW: ye understand. From staffs and em. MR. WEEKS: Yes, from staffs -- MR. KLATZKOW: Staff started the fight. I w is now ending the fight is where I'm really getting ant to see if staff MR. WEEKS: Yes. y g gat, okay? MR. KLATZKOW: So this takes care of staffs c as the status of this property? oncerns as far MR. WEEKS: Yes. MR. KLATZKOW: Okay. CHAIRMAN STRAIN: Good, two lawsuits settl So I think we're earning our share -- we're earnin ed today so far. the county. g our money here at Okay, Bob, you know what to do to clean it u ? there, you're going to -- p You're almost COMMISSIONER MURRAY: Moving along. CHAIRMAN STRAIN: Well, let's move g on which we started on. We were -- we left off on t to the next item VRD. he time frame for the MR. MULHERE: Right. CHAIRMAN STRAIN: It says one year right n Did you guys have any thoughts on how that coulw to -- d be modified Page 120 Collier County Communily Redevelopment Agency IMMOKALEE CRA • i The Place to Call Home l 1008 A CRA Governing Board At the regular monthly meeting of the Immokalee CRA Advisory Board on June 17, Commissioner June 21, 2010 Donna Fiala IAMP Comprehensive Plan Amendment be transmitted to the Florida Department of Chair Community Affairs without Line (d) in Policy 6.17 (Fred N. Thomas voted "no" Commissioner Tom Henning RE: Recommendation to the Board of County Commissioners (BCC) that the Project Manager Immokalee Area Master Plan (IAMP) Comprehensive Plan Amendment Commissioner Jamcs N. Coletta be transmitted to the Florida Department of Community Affairs without Christie Betaneourt line (d) in Policy 6,1.7. Connuissioner Fred W. Coyle Honorable Chairman Coyle: Commissioner [ :rank Halas I am writing this letter to inform you of all action taken by the Irn111okalee CRA Add= ry B_Oal'd Community Redevelopment Agency (CRA) Advisory Board. As you know, the stateEnImatiseZone Board of County Commissioners (BCC) will meet on Wednesday, June 23rd at 1 :00 Agency Board P.M. for the Transmittal Hearing for t11e IAMP Comprehensive Plan Amendment. Fred N. Thomas, Jr. Chaimiml A salient issue that will no doubt be discussed is the treatment of existing and hiture Capt. Tom Davis mobile homes in the Immokalee community as it moves forward toward Robert Halman Ex-officio redevelopment. Specifically, Policy 6.1.7: Existing Mobile Homes within the Jeffrey Randall Immokalee Urban Area. J ulio L:strentera Kitchen snow Floyd Crews g the Collier County Planning Commission Meeting on May 20, 2010, a line Ana Salazar Richard was added to the IAMP to accommodate an existing mobile home park located at Eva Dcyo yo 1101 and 1123 Alachua Sheet in an area zoned industrial (please see attached Policy , 6.1.7: Existing Mobile Homes within the Immokalee Urban Area). CRA scare At the regular monthly meeting of the Immokalee CRA Advisory Board on June 17, Penny Phillippi 2010, the Advisory Board voted 6 to 2 to recommend to the CRA Board that the Executive Director 239,252.2310 IAMP Comprehensive Plan Amendment be transmitted to the Florida Department of Community Affairs without Line (d) in Policy 6.17 (Fred N. Thomas voted "no" Bradley Muckel and Jeffrey Randall abstained). Project Manager 239.252.5549 Christie Betaneourt Thank you for your consideration in this matter. Administrative Assistant 239.252.2313 Sincerely, Penny P�llippi, Executive Director Iinmokalce CRA Colliet• County Community Redeveloptent Agency Innnolcalee 310 Alachua Street Itnnlolcalee, FL 34142 FW: Item 8B. Impact Fee Information - Land Uses 5 ' (6 Page 1 of 2 8B I FW: Item 8B. Impact Fee Information - L es OchsLeo Agenda Item #: � Meeting Date: 5 Sent: Monday, May 23, 20114:55 PM To: HillerGeorgia Presented by: r 6 ij �-V. Cc: CasalanguidaNick; Sheffield Michael Commissioner, As requested. V R, Leo From: PattersonAmy Sent: Monday, May 23, 20114:51 PM To: SheffieldMichael Cc: OchsLeo; Casala ngu ida Nick Subject: Impact Fee InformAon - Land Uses The difference between the proposed rates and the closest land use on the current adopted fee schedule: Proposed: Small Medical Office (10,000 sq ft or less) Rate: $15,757 per 1,000 square feet Current: Medical Office Difference: Pr posed: Manufacturi Current: enera fight Industrial Difference: Pr osed: Warehouse Current: General Light Industrial Difference: Rate: $23,776 per 1,000 square feet Rate: $8,019 per 1,000 square feet Rate: $2,533 per 1,000 square feet Rate: $4,619 per 1,000 square Rate: $2,086 per 1,000 square feet Rate: $2,352 per 1,000 square feet Rate: $4,619 per 1,000 square feet Rate: $2,267 per 1,000 square feet V,�� VV PAVUI- W " CAA )i � w 0� The impact on future impact fee collections depends heavily on the timing of building permit OUA applications for development of these types and the impact fee rate schedules in effect at that time. n% AV Development is required to contribute its fair share of the cost of providing public facilities necessitated l by growth, however impact fees may not be collected in excess of the amount reasonably anticipated to https: / /mail. colliergov. net /owa/ ?ae= Item &t = IPM. Note &id= RgAAAACBw7hYJwxl SLoTg... 5/23/2011 FW: Item 8B. Impact Fee Information - Land Uses Page 2 of 2 s fund such improvements. There have been ongoing inquiries by prospective customers with developments that would accurately be classified under the above categories. Similar to the approach taken with the findings of Alternative Impact Fee Studies, once there has been more than one request for the use of a rate developed through the alternative process, that land use is then considered for inclusion on the fee schedule (Luxury Auto Sales, Furniture Store, etc.) In the case of Warehouse and Manufacturing, the information needed to develop the rates is included in the Institute of Transportation Engineer's Trip Generation manual. The manuals include the trip data for hundreds of land uses. The current Collier County schedule contains 60+ land uses, but the staff and impact fee consultants regularly review the information, in light of permitting trends, inquiries, etc. in order to make appropriate recommendations for the addition (or deletion) of categories. The Small Medical Office rate was developed based on localized data, at the direction of the Board, as a result of input from both the medical community and the building industry. A stated above, calculating a fiscal impact related to this change, beyond that provided in the comparison above would be highly speculative due to the nature of permitting activity. Further, impact fee assessments should be related, to the greatest extent possible, to the estimated demand created by the proposed construction. The inclusion of these rate categories is consistent with that requirement. Church — change to per seat calculation The change to a per seat calculation for churches eliminates the requirement for the payment of impact fees for church - related buildings /additions that do not include seats. This provides an accurate and simplified measure for the calculation while still accounting for the demand created. This is accomplished because the per seat charge considers the demand created by the church and other things on the same site typically associated with churches (Fellowship Halls, Sunday School, etc.). The demand is simply distributed per seat rather than per 1,000 square feet. Separate uses that function independently from the church will continue to be assessed at the impact fee rate applicable for the specified use. This most often occurs with schools and daycares, which utilize a per student rate as the basis for the impact fee assessment. Please let me know if I can provide any additional information. 252.5721 or 285.6831(cell) Thank you, Amy Under Florida Law, e -mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. https:llmail. colliergov.netlowal ?ae= Item &t = IPM. Note &id= RgAAAACBw7hYJwxI SLoTg... 5/23/2011 d Agenda Item Jrl Meeting Date: -� Presented by: r ti ' ` I TCt+ F—L'(-- Memorandum - .n.,o. 1*9 A To: Ian Mitchell Executive Manager Board of Collier County Commissioners From: Mary McCaughtry, Pelican Bay Services Division Date: May 5, 2011 Subject: Pelican Bay Services Division Board Vacancy At a meeting of the Pelican Bay Services Division Board on Wednesday, May 4, 2011, a motion was made by Mr. Tom Cravens and seconded by Mr. Michael Levy to recommend the appointment of Mr. David Trecker to the Pelican Bay Services Division Board to fill the vacant position on the Board created with the recent term expiration of Board Member Dr. Theordore Raia. The motion passed on a vote of 8 for 2 against. The board also recommends that Susan O'Brien's application be retained to be next in line if any other vacancy should occur. Pelican Bay Services b9A Pelican Bay Services Division Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndF.xpDate 2nd Term Mr. John Chandler 03/23/10 03/31/14 4 Years 6361 Pelican Bay Blvd., #502 592 -7206 Naples, FL 34108 E -Mail: jpcbac @comcast.net District: 2 Category: Resident Mr. John Baron 1083 Albany Court Naples, FL 34108 E Mail: jbaron@watersideshops.com District: 3 Category: Commercial/Property Mr. Keith J. Dallas 7575 Pelican Bay Blvd., #1603 Naples, FL 34108 E Mail: keithdallas @comcast.net District: 2 Category: Resident Mr. Johan Domenie 749 Bentwater Circle, #201 Naples, FL 34108 E -Mail: hobodory@comcast.net District: 2 Category: Resident Mr. Tom Cravens 6075 Pelican Bay Blvd., #703 Naples, FL 34108 E -Mail: nfnl6799@naples.net District: 2 Category: Resident 598 -1605 03/23/10 643 -3324 592 -7230 566 -3179 594 -8256 03/10/09 03/23/10 03/10/09 7kesday, May 17, 2011 Page I oj4 03/31/13 03/31/13 03/31/14 03/31/13 3 Years 4 Years 4 Years 4 Years Pelican Bay Services Division Board Name Work Phone Appi'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Theodore J. Raia 03/27/07 03/31/11 4 Years 7117 Pelican Bay Blvd., Apt. 404 594 -2851 Naples, FL 34108 E -Mail: tedraia @earthlink.net District: 2 Category: Resident Mr. Geoffrey Scott Gibson 8171 Bay Colony Drive, Apt. #1504 Naples, FL 34108 E -Mail: josiegeoff @aol.com District: 2 Category: Resident Mr. John Iaizzo 6573 Marissa Loop, #1902 Naples, FL 34108 E Mail: iaizzo @comcast.net District: 2 Category: Resident Mr. Hunter H. Hansen 645 Broad Avenue South Naples, FL 34102 E Mail: hunter.hansen@hilton.com District: 4 Category: Commercial Ms. Mary Anne Womble 816 Kingbird Court Naples, FL 34108 E -Mail: Teedupl@aol.com District: 2 Category: Resident 09/09/08 03/31/09 6+ months 566 -3179 03/10/09 03/31/13 4 Years 03/25/03 03/31/07 4 Years 592 -0678 02/08/11 03/31/15 4 Years 5948001 11/18/08 03/31/10 1 Year 692 -8722 03/23/10 03/31/14 4 Years 02/27/07 03/31/09 2 Years 597 -8224 03/10/09 03/31/13 4 Years Tkesday, May 17, 2011 Page 2 of `9A Pelican Bay Services Division Board Name, Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Michael Levy 03/27/07 03/31/11 4 Years 6710 Pelican Bay Blvd., #435 594 -1741 02/08/11 03/31/15 Naples, FL 34108 E -Mail: mikelevyl@earthlink.net District: 2 Category: Resident 7kresday, May 17, 2011 Page 3 of 4 `9A Pelican Bay Services Division Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term This 15 member committee was created by Ord. No. 90 -111 and amended by Ord. No. 91 -22 and 93-15 to aid and assist the County manager and the Board of County Commissioners in determining the need and quantity of extraordinary law enforcement in Pelican Bay. Also to aid, assist, and provide input to the County Manager and the Board in effecting a smooth and expeditious transfer of street lighting, water management and beautification services, responsibilities and obligations from the Pelican Bay Improvement District. On 11/3/98 the BCC reduced the membership from 15 to 13 members. Terms are 4 years. On April 11, 2000, the BCC adopted Ord. No. 2000 -22 reducing the membership from 13 members to 11 members. On 5/28/02 the BCC adopted Ord. 2002 -27 establishing the 11 member committee. Membership shall be 9 representative of the residential interests within the Unit and 2 shall be representative of the commercial & business interests within the unit. Terms will expire on March 31 Jay Cross, Executive Assistant to Clerk 732 -2725 On 01/24/06 BCC adopted Ord. 2006 -05, amending 2002 -27 changing the name and appointment process, and including the restoration of the mangrove forest preserve to duties. FL STAT. 125.01 Sra . Mary McCaughtry, Pelican Bay Services Division: 597 -1749 Tuesday, May 17, 2011 pWV 4 of 4 '9A MEMORANDUM DATE: April 15, 2011 TO: Elections Office ShavontaeHall @colliergov.net FROM: Ian Mitchell, Executive Manager Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. Pelican Bay Services Division Advisory Board COMMISSION DISTRICT Ms. Susan O'Brian 2 6537 Marissa Loop, #3 Naples, Florida 34108 Mr. David J. Trecker 2 709 Turkey Oak Lane Naples, Florida 34108 Thank you for your help. FW: CIGM presentation d Page 1 of 1 Agenda Item #: I O Meeting Date: � 24- /v n FW: CIGM presentation Presented by: Corn M t S S 10 NE 1` 1I LL P OchsLeo 10A Sent: Monday, May 23, 20115:40 PM 1� To: HillerGeorgia As requested, V R, Leo From: mteaters @aol.com [mailto:mteaters @aol.com] Sent: Friday, May 20, 2011 12:13 PM To: Pathuml3 @aol.com; BigIslandBill @aol.com; KlatzkowJeff; OchsLeo; BosiMichael; MTeaters @aol.com; Casalang uida Nick Subject: CIGM presentation THIS IS A ONE WAY E -MAIL. Committee members are not to respond to this or me under any circumstances. Good morning all, This is a statement for your information only, I have requested a special meeting of the Horizon Oversight Committee to be called to discuss the public response to the meetings that our Chair has been having with the County Commissioners prior to the presentation to the BCC on Tuesday May 24, 2011. According to Staff this will not happen. I am hereby rescinding my vote in support of making the presentation to the board on Tuesday May 24 as well as my support of expanding the CIGM to the balance of the County until my concerns have been resolved. This is as a result of several issues raised after our last meeting: 1. As a group we agreed to present the CIGM proposal to County Manager Ochs to enlist his support. We discussed myself and Bill McDaniel to see Leo together but decided it would be a violation of the sunshine laws. 2. Our Chairman has scheduled meetings with the County Commissioners which I did not approve. Nor was it discussed when I was in the meeting. I believe that this could be considered lobbying or polling. This was not agreed upon by the committee and should not continue. 3. Members of the public were present at said meeting and have contacted me concerned and confused. Questions were asked that could not be answered and it appears that citizens and Commissioners got partial or incomplete information. 4. The members of the public have asked me for documentation and information that I do not have. Mike Bosi suggested we discussed it but not in the detail they asked for. I have requested this documentation and wish to review it and continue the process before any further decision to continue or funding request is made. 5. A recording device must be in place before our next meeting. I am concerned that statements and decisions may not have been included in the minutes of the last meeting. 6. Due to the importance of this project and the potential benefit that this program may offer, I take this responsibility seriously and will not be labeled or my integrity impugned in any way. We will not have any of the public labeled as naysayers. 7. 1 have suggested that we postpone the presentation to the BCC until this is resolved. I also understand that if this presentation is indeed made, there is no request for action of the board at this time. Items on the agenda are continued all the time. I represent the present and future residents of Collier County and will do what I think is the best for them under any and all circumstances. Sincerely, Mark Teaters Under Florida Law, e -rnail addresses are public records. If you do not want your e-mail address released in response to a public records request; do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. https :Hmail.colliergov.net /owa/ ?ae= Item& t = IPM. Note &id= RgAAAACBw7hYJwxISLoTg... 5/23/2011 RaineyJennifer 10A _ From: Sheffield Michael Sent: Monday, May 23, 2011 4:09 PM To: HillerGeorgia Cc: RaineyJennifer Subject: Horizon Study Oversight Committee Horizon Study Oversight Committee Bill McDaniel, Chair Pat Humphries Mark Teaters George Eckhart - alternate Under Florida Law. e -rnail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic: mail to this entity. Instead; contact this office by telephone or in writing. item Meeting Date m e d b oZT < E* O o O z o � � o 0 rn Cn a) o Q O (D O rn CD O C (D �-+- (D -f, � -� 3 l< Q ® - . �� N� cn (D c� c 0 U) ® CD o o v Q) m (D �c O 3 (D C7 + N W CD (DD CD '_'' CD O c — O CAD �. O. N �o� �. 3 O o �3 -� cD CD 3 o �o �cn o rn cn CD cn cD � Cn � m cn N C> �r 0Q) o � w O C) O _. 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Genson, P.E. Presented by Vice President of Engineering Barron Collier Companies 2600 Golden Gate Parkway Naples, FL 34105 Re: Wetland Mitigation and Panther Habitat Unit Agreement Oil Well Road Expansion Dear Mr. Genson: The Collier County Transportation Engineering and Construction Management Department (TECM) is well aware of its obligation under the Wetland Mitigation and Panther Habitat Unit Agreement (the "Agreement "). The Agreement states, in part: "... with the approval of USACE and United States Fish and Wildlife Service ( "USFWS "), Barron Collier has the ability to create 2,000 panther habitat unit mitigation credits (the "Panther Credits ") by dedicating primary Zone panther habitat area owned by Barron Collier to the USFWS as a conservation easement area; and" (Recitals, para. 5) "...the County may wish to purchase up to 2,000 Panther Credits from Barron Collier pursuant to the terms and conditions of this Agreement, with the final number of Panther Credits required by the County to be later determined by USFWS." (Recitals, para. 6) "2. CONDITIONS TO SALE; ADDITIONAL CREDITS . The parties acknowledge that the Mitigation Plan, Wetlands Credits, and Panther Credits are subject to review and approval by third -party governmental entities under the Roadway Permits, and agree that Barron Collier's obligation to convey the Wetlands Credits and Panther Credits is conditioned on such approval. Both parties shall exercise good faith and diligent effort to secure such approval The Panther Credits shall be deemed approved upon recordation of a conservation easement (from Barron Collier to USFWS) over primary zone panther habitat area (the "Conservation Easement "). (Agreement, Numbered para. 2) TECM has contacted the United States Fish and Wildlife Service and who has informed us that the Barron Collier Companies has not fulfilled its obligation to acquire the panther habitat units (phus). See attached March 3, 2010, e-mail from USFWS. ( "We have not received confirmation that the land proposed for panther compensation has been transferred to the State nor that a management fund has been established as per the biological opinion Terms and Conditions. ") At this time the County is not required to pay the requested amount since the Barron Collier Companies did not satisfy the conditions precedent under the Agreement as no Panther Habitat Units exist. In the mean time, Collier County is 10C Mr. David B. Genson, P.E. Vice President of Engineering March 4, 2010 Page 2 still diligently engaging in good faith to permit the Starnes property for the County's share of the Oil Well Road mitigation. If you have any questions or require additional information, please do not hesitate to call me at 252- 5826. Sincerely, a P. TECM Director cc: Norm Feder, AIGP File No. 60044 Attachment: email from U.S Fish and Wildlife Services TwM ntoom SaW s Mom • 2085 5o& Horseshoe Orm - NepWk Fipdda 34104.239.252 -0192 • FAX 239 - 252.2726 0 COLLIER COUNTY Barron Collier Investments, Ltd. 2600 Golden Gate Parkway Napte% FL 34105 Phone (239)262 -2600 / Fax (239)262 -2589 REMIT TO: 2600 Golden Gate Parkway Naples, FL 34105 Customer #: COLLIER COUNTY Date Invoice# Amount Reference 02/24/2010 INVO0408 2,068,200.00 Panther Credits 2,068,200.00 Total Invoice Amount 2,068,200.00 PLEASE SUBMIT ONE COPY WITH REMITTANCE 2010 AIR Barron Agenda item #: I0 C,,_ Meeting Date : S 3 /I/ Presented by: GGorS, 1i+ \JPC Collier COMPANIES March 19, 2010 10C VIA EMAIL: JayAhmad@colliereov.net Jay Ahmad, P.E. Director, Collier County Transportation Engineering & Construction Management Collier County Transportation Department 2885 S. Horseshoe Drive Naples, Florida 34104 Re: Wetland Mitigation and Panther Habitat Unit Agreement — Oil Well Road Expansion Dear Jay: Thanks for your letter dated March 4, 2010, in response to Barron Collier Partnership, LLLP's (BCP) request for payment for PH'UrPanther Credits" under the February 24, 2009, Wetland Mitigation and Panther Habitat Unit Agreement. Your March 4 letter states that "the County is not required to pay the requested amount ... as no Panther Habitat Units exist." We respectfully disagree with this conclusion. The Panther Habitat Units (PHUs) have clearly been treated by the various agencies that have permitting jurisdiction over the Oil Well Road project as existing panther habitat mitigation credits. The County has received all the permits that were dependent on creation and utilization of PHUs, and has commenced construction of the improvements that create the impacts the PHUs mitigate.' Under the circumstances, the County cannot in good faith claim that the PHUs do not exist while at the same time enjoying the full benefit of the PHUs (i.e., by constructing the improvements that could not be constructed unless the PHUs in fact exist). Agreement Paragraph 4 clearly states that the "Purchase Price for the [PHUs] ... shall be paid one (1) year from the [February 24, 2009] Effective Date if the County is unable to satisfy all conditions for the creation, assignment, conveyance, and banking of the County PHUs." The one -year deadline for payment has clearly passed and the Agreement clearly requires payment by the County in the form of cash. BCP therefore respectfully renews its demand for payment from the County in the amount of $2,068,200.00 for the PHUs. ' The February 24, 2009, Agreement provides that the "Panther Credits shall be deemed approved upon recordation of a conservation easement (from Barron Collier to USFWS) over primary zone panther habitat area." This language was included in the Agreement based on USFWS permitting requirements that were being applied at that time, and the County was well aware of those requirements. Notwithstanding the Agreement language, the County received all necessary permits for the Oil Well Road expansion and started the related construction activities before any such conservation easement was granted. USFWS has since changed their practices to require panther habitat to be deeded (rather than subjected to a conservation easement), which is a much longer process. Both BCP and the County relied on USFWS policy that has since changed, and the County cannot now reasonably claim that the policy change nullifies the existence of PHUs that the County is already utilizing. 2600 GOLDEN GATE PARKWAY - NAM l!S, FLORIDA 34105 - (239) 262 -2600 - FAX (239) 262 -2589 10C Jay Ahmad, P.E. March 19, 2010 FPdge 2 Your letter goes on to indicate that "the County is still diligently engaging in good faith to permit the Starnes property for the County's share of the Oil Well Road mitigation." This statement implies that the County still has the right to pay for the BCP PHUs by some means other than a cash payment. BCP does not agree with this conclusion. BCP made a significant concession under the Agreement by allowing the County a 1 -year period to create PHUs using the Starnes property and to assign those PHUs to BCP in lieu of the corresponding cash payment amount (as provided in the Paragraph 4 excerpt quoted above). The one -year period for creation of the County PHUs has passed —as has its right to use the County PHUs as an alternative form of payment — and the Agreement clearly requires a cash payment at this point. We look forward to receiving the requested payment, and please feel free contact me with any questions. Very tr ly yours, ff /;K',, David B. Genson, Vice President of Engineering BARRON COLLIER COMPANIES cc: George L. Varnadoe, Esq. Norman Feder, AICP (Via Email: NormFeder @collie ov.net) COLLIER COUNTY Board of County Commissioners 10 C C14e - ate Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 May 24, 2011 9:00 AM Fred W. Coyle - BCC Chairman; Commissioner, District 4 Jim Coletta - BCC Vice - Chairman; Commissioner, District 5; CRAB Chairman Donna Fiala - BCC Commissioner, District 1; CRAB Vice - Chairman Georgia Hiller - BCC Commissioner, District 2 Tom Henning - BCC Commissioner, District 3 NOTICE: All persons wishing to speak on Agenda items must register prior to speaking. Speakers must register with the Executive Manager to the BCC prior to presentation of the Agenda item to be addressed. All registered speakers will receive up to three (3) minutes unless the time is adjusted by the chairman. Collier County Ordinance No. 2003 -53 as amended by ordinance 2004 -05 and 2007 -24, requires that all lobbyists shall, before engaging in any lobbying activities (including but not limited to, addressing the Board of County Commissioners), register with the Clerk to the Board at the Board Minutes and Records Department. Requests to address the Board on subjects which are not on this agenda must be submitted in writing with explanation to the County Manager at least 13 days prior to the date of the meeting and will be heard under "Public Petitions." Public petitions are limited to the presenter, with a maximum time of ten minutes. Any person who decides to appeal a decision of this Board will need a record of the proceeding pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 East Tamiami Trail, Suite 1, Naples, Florida, 34112 -5356, (239) 252 -8380; assisted listening devices for the hearing impaired are available in the County Commissioners' Office. Lunch Recess scheduled for 12 :00 Noon to 1:00 P.M NN 10 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Rabbi Adam Miller of Temple Shalom 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. April 26, 2011 - BCC /Regular Meeting 3. SERVICE AWARDS A. EMPLOYEE 1. 20 Year Attendees a. Mary Valcante, Pollution Control Pg. 1 -1 b. Jacqueline Lockerby, EMS Pg. 2 - 2 2. 30 Year Attendees a. Skip Camp, Facilities Management 4. PROCLAMATIONS Pg. 3 -3 A. Proclamation designating May 24, 2011 as Thomas S. Monaghan Day. To be accepted Pg. 4 - 5 by Thomas S. Monaghan. Sponsored by Commissioner Coletta. B. Proclamation designating May 24, 2011 as Nicholas J. Healy Day. To be accepted by Pg. 6 - 8 Nicholas J. Healy. Sponsored by Commissioner Coletta. C. Proclamation designating June 6 to June 10, 2011 as Code Enforcement Officers' Pg. 9 - 10 Appreciation Week. To be accepted by Diane Flagg and Members of the Code Enforcement Department. Sponsored by Commissioner Coletta. D. Proclamation designating May 24, 2011 as Gulfshore Playhouse Day. To be accepted Pg. 11- 12 by Kristen Court', Founder & CEO, Bob Harden, Board Chairman, and Melanie Lisby, General Manager. Sponsored by Commissioner Hiller. E. Proclamation designating May 2011 as Internal Audit Awareness Month. To be Pg. 13 - 14 accepted by Megan Gaillard, Allison Kearns, Pat Blaney, Ron Dortch and Bruce Brister from the Clerk's Internal Audit Department. Sponsored by Commissioner Coyle. F. Proclamation designating May 2011 as Trauma Awareness Month. To be accepted by Pg. 15 - 16 Kathy Wecher of Lee Memorial Health Systems, and Dan Robbins, Trauma Survivor. Sponsored by Commissioner Coletta. 10 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month award to Florida Specialties Pg. 17 - 17 of Immokalee. Accepting the award will be Ron Bailey, Jr. - Florida Specialties CFO. 6. PUBLIC PETITIONS 7. BOARD OF ZONING APPEALS Item 7 to be heard no sooner than 1:00 pm unless otherwise noted. 8. ADVERTISED PUBLIC HEARINGS Item 8 to be heard no sooner than 1:00 pm unless otherwise noted. A. This item has been continued from the April 12, 2011 BCC meeting. CP- 2008 -5, Petition Pg. 18 - 96 requesting amendments to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map, to make revisions to the entire Master Plan to include: increases to commercial acreage, industrial acreage, and allowable residential density; elimination of some existing designations; creation of a new designation for the Immokalee Regional Airport site; and, redesignation of approximately 103 acres to Immokalee Urban Area from Agricultural /Rural within the Rural Lands Stewardship Area as identified on the countywide Future Land Use Map. Additionally, staff requests amendments to the Future Land Use Map and Map Series of the Future Land Use Element to show the redesignation of the 103 acres to the Immokalee Urban Area. (Adoption Hearing). B. Recommendation to adopt an Ordinance amending Chapter 74 of the Collier County Pg. 97 - 129 Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) by providing for the incorporation, by reference, of the trip generation rate analysis entitled "Transportation Impact Fee Calculations for Select Land Uses," conducted related to the Church, Convenience Store with Gas Pumps, Manufacturing, Small Medical Office and Warehouse land uses; amending Schedule One of Appendix A to provide for the new and amended land use categories and impact fee rates; providing for definitions for the new land use categories; updating the provisions related to the use of impact fee credits and providing for a delayed effective date of September 1, 2011, in accordance with the notice period requirements of Section 163.31801, Florida Statutes. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Pelican Bay Services Board. Pg. 130 - 156 B. Appointment of member to the Industrial Development Authority. Pg. 157 - 168 10. COUNTY MANAGER'S REPORT A. Provide the Board of County Commissioners with the annual update of the progress Pg. 169 - 203 of the Horizon Study Oversight Committee, authorized by Resolution 2009 -38. (Mike Bosi, AICP, Comprehensive Planning Manager, Land Development Services, Growth 10C Management Division /Planning & Regulation) B. Recommendation to renew the current Franchise Agreements with Waste Pg. 204 - 221 Management Inc. of Florida, and Choice Environmental Services of Collier, Inc. for the collection of municipal solid waste, recyclable and electronic materials, and yard waste in Districts I and II, respectively, for the contractually prescribed term of seven years, ending at 11:59 PM on September 30, 2020, and authorize the Chairman to sign the renewal agreements. (Joe Bellone, Utility Billing and Customer Service Manager) C. Recommendation that the Board of County Commissioners authorize a Budget Pg. 222 - 234 Amendment for the purpose of funding the necessary Panther Habitat Units (PHU's) required for the Oil Well Road Project (Project #60044) per terms of The Wetland Mitigation and Panther Habitat Unit Agreement with Barron Collier Companies approved by the Board on February 24, 2009. (Jay Ahmad, Director, Transportation Engineering) 11. COUNTY ATTORNEY'S REPORT A. Request for authorization to advertise and bring back for future consideration an Pg. 235 - 242 amendment to Chapter 49 of the Collier County Code of Laws and Ordinances, relating to economic development, which will establish additional criteria to be evaluated (1) when there is a request to lessen or waive certain requirements in existing economic development ordinances and programs, and (2) when there is an application seeking grants and /or other incentives which fall outside existing economic development ordinances and programs. 12. OTHER CONSTITUTIONAL OFFICERS 13. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 14. PUBLIC COMMENTS ON GENERAL TOPICS 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. GROWTH MANAGEMENT DIVISION 1. Recommendation to approve final acceptance of the water utility facility for Pg. 243 - 249 Southwinds Mobile Home Park, 302 Fillmore Street, and to authorize the County Manager, or his designee, to release any Utilities Performance Security to the Project Engineer or the Developer's designated agent. 2. This item requires that ex parte disclosure be provided by Commission Pg. 250 - 256 members. Should a hearing be held on this item, all participants are required to be sworn in. This is a recommendation to acknowledge the vacation of the 50- 10C foot wide temporary drainage easement as shown on the plat of Italia as recorded at Plat Book 47, Pages 68 through 70, public records of Collier County, Florida. 3. Recommendation to approve the purchase of a parcel of right -of -way, along Pg. 257 - 274 with a temporary driveway restoration easement, both of which will be required for the four - laning of Golden Gate Boulevard between Wilson Boulevard and DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $9,500). 4. Recommendation that the Board of County Commissioners set a public hearing Pg. 275 - 279 date of September 13, 2011 for consideration of a Development of Regional Impact Development Order for the Hacienda Lakes project, Petition Number DRI- 2006 -AR- 10147, located on the east side of Collier Boulevard (C.R. 951) at the intersection of Collier Boulevard and Rattlesnake- Hammock Road and north and south of Sabal Palm Road in Sections 11 through 14, 23 through 25, Township 50 South, Range 26 East, and Sections 19 & 30, Township 50 South, Range 27 East, Collier County, Florida. 5. Recommendation for Board approval of the short -list of design professionals Pg. 280 - 370 pursuant to RFP #11 -5639 and to enter into negotiations between Collier County and TYLIN International, Inc., for "Design & Related Services for the Replacement of CR29 Bridge ( #030161) over Chokoloskee Bay" Project No. ----- 66066. commendation that the Board of County Commissioners authorize its Pg. 371 - 381 airman to execute a Sovereignty Submerged Lands Easement instrument with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) for the existing roadway bridges crossing the Cocohatchee River and one of its tributaries on Vanderbilt Drive within the existing right -of- way. Project No. 69081. (Fiscal Impact: Recording fees not to exceed $75) Recommendation to reject Bid No. 11 -5662, the Lely Municipal Service Taxing Pg. 382 - 385 Unit ( "MSTU ") Doral Circle Bridge Renovation. 8. Recommendation for the Board of County Commissioners to enter into a Pg. 386 - 402 Landscape Maintenance Agreement with Diamond Lake Condominium Association, Inc. for work performed along the County Right -of -Way along Piper Boulevard to be maintained by the Association. 9. Recommendation to award ITB #11 -5663 for the Traffic Operations Signal Pg. 403 - 418 Components & Hardware on a Line Item Basis to each individual qualified lowest bidder - Temple, Inc., Rainbow Distributors, Inc., Control Technologies of Central Florida, Inc., Graybar Electric Co, Inc., and TPFL, Inc. (Estimated annual expense is $300,000) 10. Recommendation for Board approval of the short -list of design professionals Pg. 419 - 482 pursuant to RFP #11 -5690 and to enter into negotiations between Collier County and Atkins North America, Inc., for "Construction Engineering and Inspection (CEI) and Related Services for SR84 (Davis Boulevard) Radio Road to Collier Boulevard; SR84 /SR951 Intersection Improvements; Collier Boulevard B. (SR /CR 951) north to Magnolia Pond Drive; and CR951 (Collier Boulevard) north to the Main Golden Gate Canal "; Project No. 60073 & No. 60092. 11. Recommendation to award Bid #11 -5674 "Boston Avenue Sidewalk Improvements" for construction of sidewalk improvements on both sides of Boston Avenue from South 9th Street to South 1st Street to Stevens & Layton, Inc. in the amount of $152,353.55 (Project #33122) to be reimbursed by FDOT under LAP Agreement. 12. Recommendation to award Bid #11 -5679 "Intersection of Lake Trafford Road at S. R. 29" for construction of intersection improvements on Lake Trafford Road and S. R. 29 to Gulf Paving Company, Inc., in the amount of $982,923.32 (Project #33124); $750,000 to be reimbursed by FDOT under LAP Agreement. 13. Recommendation that the Board of County Commissioners direct the County Manager or his designee to prepare an amendment to Ordinance Number 09- 22, the Planned Unit Development (PUD) time limits and time limit extension requirements as found in Section 10.02.13.D of the Collier County Land Development Code (LDC) to extend the tolling timeframe from May 12, 2011 to May 12, 2012. COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation to the Collier County Board of County Commissioners (BCC) acting as the Community Redevelopment Agency (CRA) to approve the submittal of the attached Rural Business Enterprise Grant (RBEG) application to U.S. Department of Agriculture (USDA) Rural Development to augment the business support, resources, services and technical assistance provided through the Immokalee Business Development Center (IBDC) in the amount of $165,180 and approve all necessary budget amendments. 2. Recommendation to the Collier County Board of County Commissioners (BCC) acting as the Community Redevelopment Agency (CRA) to approve the after - the -fact submittal of the attached Community Development Block Grant (CDBG) grant application to Collier County Housing, Human & Veteran Services (HHVS) seeking grant funding in the amount of $140,000 to support improvements to the pedestrian crosswalks in the Immokalee Central Business District. 10C Pg. 483 - 677 Pg. 678 - 862 Pg. 863 - 872 Pg. 873 - 975 Pg. 976 - 1069 3. Recommendation for the Collier County Community Redevelopment Agency Pg. 1070 - (CRA) to approve a Right of First Refusal Agreement with Bayshore CAPA 1081 Center, Inc. in consideration of a potential future purchase of CRA owned land; execute a Right of Entry for that land; and approve the Chairman to sign. Fiscal Impact: None. 4. Recommendation that the Community Redevelopment Agency (CRA) accept the Pg. 1082 - conveyance of County-owned property (mobile home sites) within the 1097 boundaries of the Bayshore /Gateway Triangle Redevelopment area to enact the residential infill provision of the CRA's Master Redevelopment Plan; authorize CRA Chairman to sign HUD Settlement Statement, direct CRA staff to record an executed Statutory Deed from the County; and approve payment and C. 10C authorize the CRA Executive Director to make payment from the Bayshore Gateway Triangle CRA Fund 187 for all cost and expenses necessary to close the transaction and insure clear title of same: Site Addresses 3000, 3152 & 3205 Karen Drive. Fiscal Impact to Fund 187: $41,642.18 (Companion to Item No. 16E12). S. Recommendation to approve a budget amendment authorizing the Community Pg. 1098 - Redevelopment Agency (CRA) to reallocate $1,117,939.01 within the previously 1179 approved Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) funded grant budget for the Downtown Immokalee Stormwater Improvements project. These funds will be deducted from the Land Capital Outlay line item and added to the Other Contractual Services line item and will result in a zero increase or decrease in the overall project budget. PUBLIC UTILITIES DIVISION 1. Recommendation to waive competition and authorize sole- source purchases of Pg. 1180 - closed circuit television pipeline inspection vehicles and pipeline inspection 1216 parts from Community Utilities Environmental Services, Inc., and approve the purchase of a replacement pipeline inspection vehicle in the amount of $199,920. 2. Award bid #11 -5657, Grease Hauling Services, to Rockfill Associates D /B /A Pg. 1217 - Crews Environmental, Inc., in the estimated annual amount of $50,000. 1261 3. Recommendation to award bid number 11 -5653, " Riverwood Water Pg. 1262 - Distribution System Replacement" in the amount of $955,626.67 to Andrew Site 1362 Work, LLC, to rehabilitate the potable water distribution system that serves the Riverwood Subdivision, Project No 71010.5. 4. Recommendation to approve a Utility Easement to the Collier County Water- Pg. 1363 - Sewer District for the construction and maintenance of water utilities for the 1368 landfill gas -to- energy facility at the Collier County Landfill, at no cost to the County. 5. Recommendation to approve a work order in the Amount of $235,283.56 to Pg. 1369 - Quality Enterprises USA Inc., for Lift Station 310.01 Rehabilitation under 1381 contract 08 -5011 - Annual Contract for Underground Utility Contracting Services, Project 70046. 6. Recommendation to award Contract #11 -5673, "Disaster Debris Removal and Pg. 1382 - Disposal Services," to three firms, and approve AshBritt Environmental 1396 Services, Inc., as the initial debris removal contractor in operational readiness for the 2011 Hurricane Season. The firms provide post- disaster equipment and human resources for the collection, removal and disposal of disaster generated debris, which will ensure prompt, timely and efficient restoration of essential services. 10C D. PUBLIC SERVICES DIVISION Recommendation to approve and authorize the Chairman to sign an amendment to the 2009 -2010 Community Development Block Grant (CDBG) Subrecipient Agreement with the City of Marco Island approved on February 23, 2010 (Item 16D1). This amendment is to revise Exhibit A, to update the scope, budget, outcome performance measures, and extend project milestone schedule dates in order to facilitate reimbursement. 2. Recommendation to approve and authorize the Chairman to sign a subrecipient agreement in the amount of $37,707 using 2009 -2010 Department of Housing and Urban Development (HUD) operating grant funds, which have been designated for a Community Housing Development Organization (CHDO). Florida Non -Profit Services, Inc. (FNPS) is the CHDO which will receive the grant funds, and will use them towards the salary and benefits of one (1) staff person who will provide accounting and administrative services to increase the CHDO's capacity. Pg. 1397- 1435 Pg. 1436- 1464 3. Recommendation to waive formal competition and approve additional funding Pg. 1465 - to continue consulting services with York Claims Services Inc. (PO 1468 4500105855) providing Collier County with support as required for FEMA claims for Tropical Storm Gabrielle, Hurricane Katrina and Hurricane Wilma for time and material not to exceed $65,000. 4. Recommendation to approve and authorize the Chairman to sign three (3) Pg. 1469 - Community Development Block Grant - Recovery (CDBG -R) subrecipient grant 1477 amendments to the agreements incorporating additional American Recovery and Reinvestment Act of 2009 (ARRA) reporting requirements in response to Ernst and Young's Single Audit Management Letter Observation 2010 -2. 5. Recommendation to approve and authorize the Chairman to sign four (4) Pg. 1478 - satisfactions of mortgage for owner - occupied affordable housing units that 1502 have satisfied the terms of assistance or repayment in full to Collier County. 6. Recommendation to approve and authorize the Chairman to execute an Pg. 1503 - amendment to the Florida Boating Improvement Program (FBIP) Grant 1507 extending the completion date of the Bayview Park Improvement Project. 7. Recommendation to approve and ratify Staff s extension of Contract No. 06- Pg. 1508 - 3971 "General Contracting Services" with PBS Construction, Inc. and related 1514 Work Order No. 45- 124175 "Goodland Boat Docks Installation of Ladders & Cleats" for $14,620 in order to process the final invoice for work completed. 8. Recommendation to award Bid No. 11 -5628 to OAC Action Construction, Corp. Pg. 1515 - for the construction contract of the Tigertail Beach Dune Walkover & 1519 Boardwalk Improvement Project No. 90093.1. and authorize the Chairman to execute the standard contract after County Attorney approval. 9. To approve and authorize the Chairman to sign an amendment to the Collier Pg. 1520 - County Hunger and Homeless Coalition (HHC) Subrecipient Agreement for the 1558 10C U.S. Department of Housing and Urban Development (HUD) Homeless Prevention and Rapid Re- Housing (HPRP) Grant approved by the Board on September 15, 2009, Item 16 -D19. This amendment will allow for a revision of Exhibit A of the Subrecipient Agreement to accommodate the HHC request to no longer include Homeless Management Information System (HMIS) activities and to allow HHC to more fully expend grant funds. 10. Recommendation that the Board of County Commissioners approve and Pg. 1559 - authorize the Chairman to sign six (6) Homelessness Prevention and Rapid Re- 1574 Housing (HPRP) amendments to the subrecipient grant agreements incorporating additional American Recovery and Reinvestment Act of 2009 (ARRA) reporting requirements in response to Ernst and Young's Single Audit Management Letter Observation 2010 -2. 11. Recommendation to approve and authorize the Chairman to sign a "Grantee Pg. 1575 - Application for Advance Funding" to access funding for the Criminal Justice, 1584 Mental Health and Substance Abuse Reinvestment Grant. Funding has been provided through a Memorandum of Understanding #LHZ25 from the Florida Department of Children and Families. E. ADMINISTRATIVE SERVICES DIVISION 1. Recommendation to ratify Property, Casualty, Workers' Compensation and Pg. 1585 - Subrogation Claims settled and /or closed by the Risk Management Director 1606 pursuant to Resolution # 2004 -15 for the second quarter of FY11. 2. Recommendation to approve a Donation Agreement with Corkscrew Regional Pg. 1607 - Ecosystem Watershed Land and Water Trust, Incorporated (CREW) for 9.17 1615 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $1,000. (03. Recommendation to approve the First Amendment to Lease Agreement, aka the Pg. 1616 - cattle lease, for the Pepper Ranch Preserve under the Conservation Collier Land 1634 Acquisition Program and direct the County Manager, or his designee, to implement the Lease Amendment terms. % 4. Recommendation to approve an Access Easement to the Florida Department of Pg. 1635 - Environmental Protection (FDEP) and a Declaration of Restrictive Covenant 1670 which will allow FDEP to monitor the cattle vat clean -up site at Pepper Ranch Preserve and restrict public uses within the cattle vat clean -up site. 5. Recommendation to authorize the release of $250,000 held in escrow to Lake Pg. 1671 - Trafford Ranch, LLLP, the Seller of Pepper Ranch Preserve, and approve the 1695 associated Budget Amendment. 6. Recommendation to approve Bid No. 11 -5644 "On -Call Roofing Contractor Pg. 1696 - Services" to West Coast Florida Enterprises Inc. and Crowther Roofing 1750 Company. 7. Recommendation to accept the report concerning the sale and donation of Pg. 1751 - Etj 10C items associated with the County surplus auction held on April 30, 2011, resulting in gross revenues of $187,456.50. 8. Recommendation to authorize a budget amendment to increase the County- Wide Capital Budget, Fund 301, Project 52525 - General Building Repairs by $250,000 by moving funds from the Fund 301 Reserves for Contingencies; for the purpose of correcting a problem in the County's high voltage switchgear located in Building K and serving various buildings at the Government Center campus. 1760 Pg. 1761- 1764 9. Recommendation to approve and ratify staffs Zero - Dollar Time Extension of Pg. 1765 - Contract #09 -5195 with Boran Craig Barber Engel Construction Co. (BCBE) in 1770 order to process the Contractor's Final Invoice for work completed on the Marco Island Library Rose Hall Addition; and authorize the County Manager or his designee to sign the necessary documents. 10. Recommendation to authorize the release of $27,105 in final payment and Pg. 1771 - retainage amounts for the project known as Underground Storage Fuel Tanks 1782 Removal and Replacement, Bid No. 09 -5237, to the bond provider for Surge Solutions Group, Inc.: Evergreen National Indemnity Company. 11. Recommendation to approve and authorize an amendment to Exhibit B to the Pg. 1783 - Board approved Agreement with the Lely Community Development District for 1790 them to supply irrigation quality water to the combined site of the Emergency Services Center and the South Regional Library at no additional cost to the County, and to authorize the Chairman to sign the necessary documents following County Attorney review. 12. Recommendation to approve a Resolution authorizing the Chairman of the Pg. 1791 - Board of Collier County Commissioners (BCC) to execute a Statutory Deed for 1812 the conveyance of County-owned property (mobile home sites) within the Bayshore /Gateway Community Redevelopment area to the Collier County Community Redevelopment Agency (CRA); and waive any code enforcement penalties levied against the property that are not associated with costs incurred by the County Code Enforcement Department to abate the violations: Site Addresses 3000, 3152 & 3205 Karen Drive. Fiscal Impact: None. (Companion to Item 16134) F. COUNTY MANAGER OPERATIONS 1. Recommendation to approve and authorize the purchase of a replacement Pg. 1813 - Water Tender Pumper from the Florida Sheriffs Bid List for the Ochopee Fire 1849 Control District. 2. Authorize the County Attorney to advertise an ordinance for future Pg. 1850 - consideration which would amend Ordinance No. 04 -12, as amended, adding 1870 provisions relating to requirements for certificate holders operating non - transport Advanced Life Support (ALS) services. Recommendation to adopt a resolution approving amendments (appropriating Pg. 1871 - IOC �,4 grants, donations, contributions or insurance proceeds) to the Fiscal Year 1873 2010 -11 Adopted Budget. G. AIRPORT AUTHORITY 1. Approve budget amendments for $612,320 to increase budgeted revenues and Pg. 1874 - budgeted expenses for the sale and purchase of aviation fuel at Marco Island 1881 Executive Airport, Immokalee Regional Airport, and Everglades Airpark. Recommendation to approve the attached t- hangar lease agreement between Pg. 1882 - the Collier County Airport Authority and Exec Air, Inc. of Naples, and High 1891 Soaring, Inc., and Aircraft Maintenance of Southwest Florida. H. BOARD OF COUNTY CO 1. Commissioner Coletta requests Board approval for reimbursement regarding Pg. 1892 - attendance at a function serving a Valid Public Purpose. Attended the City of 1896 Everglades National Day of Prayer luncheon at Everglades City Hall, Everglades, FL on May 5, 2011. $7.50 to be paid from Commissioner Coletta's travel budget. 2. Commissioner Coletta requests Board approval for reimbursement regarding Pg. 1897 - attendance at a function serving a Valid Public Purpose. Attending the Gulf 1899 Citrus Growers Association 2011 Annual Meeting and 25th Anniversary Celebration at Labelle Civic Center, Labelle, FL. $10 to be paid from Commissioner Coletta's travel budget. Commissioner Coletta requests Board approval for reimbursement regarding Pg. 1900 - attendance at a function serving a Valid Public Purpose. Attended the Eastern 1902 Collier Chamber of Commerce Breakfast in Immokalee, FL on April 6, 2011. $15 to be paid from Commissioner Coletta's travel budget. 4. Commissioner Coletta requests Board approval for reimbursement regarding Pg. 1903 - attendance at a function serving a Valid Public Purpose. Attended the Collier 1906 County Medical Society's Annual Meeting & Installation of 53rd President at Grey Oaks Country Club, Naples, FL on May 7, 2011. $50 to be paid from Commissioner Coletta's travel budget. Commissioner Fiala requests Board approval for reimbursement regarding Pg. 1907 - attendance at a function serving a Valid Public Purpose. Attended the League of 1910 Women Voters of Collier County Luncheon on May 9, 2011 at the Naples Hilton in Naples, FL. $20 to be paid from Commissioner Fiala's travel budget. MISCELLANEOUS CORRESPONDENCE OTHER CONSTITUTIONAL OFFICERS 1. To obtain Board approval for disbursements for the period of April 23, 2011 Pg. 1911 - through April 29, 2011 and for submission into the official records of the Board. 1927 To obtain Board approval for disbursements for the period of April 30, 2011 Pg. 1928 - 10C through May 6, 2011 and for submission into the official records of the Board. 1942 3. Recommendation that the Board of County Commissioners approve a budget Pg. 1943 - amendment in the amount of $9,912.46 recognizing Federal HHS Vote Program 1956 Grant Award 2006 Funds for Voting Accessibility for Individuals with Disabilities. K. COUNTY ATTORNEY 1. Recommendation to authorize the County Manager or his designee to sign police affidavits, or other agreements, authorizing the Sheriffs' Office to issue trespass warnings for unauthorized use of County property. Recommendation to approve and authorize the Chairman to sign the attached Retainer Agreement with the law firm of Henderson Franklin to represent the County through trial in the lawsuit entitled Darling Elie, individually and as Guardian of Jadarrien Elie, a minor child v. Collier County, et al., filed in the Twentieth judicial Circuit in and for Collier County, Florida, Case No. 07-1463 - CA, for a total not to exceed $100,000 without prior authorization. 17. SUMMARY AGENDA This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi - judicial in nature, all participants must be sworn in. A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. PUDZ- 2005 -AR -8674: Grace Romanian Baptist Church of Naples CFPUD. An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04 -41, as amended, the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from an Agricultural (A) zoning district with a portion of the real property in a ST overlay (Special Treatment) to a Community Facility Planned Unit Development (CFPUD) zoning district with removal of the ST overlay for a project known as Grace Romanian Baptist Church of Naples CFPUD. The project will allow development of a 500 -seat church, a single - family residence and preschool of up to 150 students along with other permitted and accessory uses commonly associated with a church and preschool use. The property is located at the corner of Learning Lane and Livingston Road in Section 13, Township 48 South, Range 25 East, Collier County, Florida, consisting of 12 +/- acres and by providing an effective date. Pg. 1957- 1960 Pg. 1961- 1982 Pg. 1983- 2135 B. Recommendation to adopt a resolution approving amendments (appropriating carry Pg. 2136 - forward, transfers and supplemental revenue) to the Fiscal Year 2010 -11 Adopted 2138 Budget 18. ADJOURN 10C Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252 -8383. O c z m r 3 m v O --I x m m w 3 z c -a m -n O 0 c 0 3 m z y z v X m O v v X m 0) CA 0 -I m 2 n 55 C-) T n O W C D Z � °G) 0 c cz m o O D ° ° K D M z M° m °X -° o U)oo a m M K G p Imm .A. 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Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on TUESDAY, JUNE 14, 2011. The session will be held for a time certain of 12:00 noon, in the Commission Conference Room, 3rd Floor, W. Harmon Turner Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager Leo Ochs, County Attorney Jeffrey A. Klatzkow, and Litigation Section Chief Jacqueline W. Hubbard will be in attendance. The Board in executive session will discuss: Strategy session related to settlement negotiations in the pending case of KER Entereprises, Inc., d/b/a Armadillo Underground v. APAC-Southeast, Inc., et al v. Collier County, Case No. 08-3496-CA, now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIR DWIGHT E. BROCK, CLERK by: /s/Patricia L. Morgan Deputy Clerk (SEAL) rt� el-A) �1)1�_ � l-L-14 1 t The 2010 Florida Statutes(including Special Session A) Agenda Item #: I t Meeting Date : 5 L-T Presented by: C0*1y W�ff [) d &tZ Rt ,L(pQ co�v ✓wt's 1 �. Title XIX Chanter 288 PUBLIC COMMERCIAL DEVELOPMENT AND CAPITAL BUSINESS IMPROVEMENTS 288.106 Tax refund program for qualified target industry businesses. — (1) LEGISLATIVE FINDINGS AND DECLARATIONS.— The Legislature finds that retaining and expanding existing businesses in the state, encouraging the creation of new businesses in the state, attracting new businesses from outside the state, and generally providing conditions favorable for the growth of target industries creates high- quality, high -wage employment opportunities for residents of the state and strengthens the state's economic foundation. The Legislature also finds that incentives narrowly focused in application and scope tend to be more effective in achieving the state's economic development goals. The Legislature further finds that higher -wage jobs reduce the state's share of hidden costs, such as public assistance and subsidized health care associated with low -wage jobs. Therefore, the Legislature declares that it is the policy of the state to encourage the growth of higher -wage jobs and a diverse economic base by providing state tax refunds to qualified target industry businesses that originate or expand in the state or that relocate to the state. (2) DEFINITIONS. —As used in this section: (a) "Account" means the Economic DeveloDn Incentives Account within the Economic Development Trust Fund established under s. IV, View Cha 11A 288.095. (b) "Authorized local economic development agency" means a public or private entity, including an entity defined in s. 288.075, authorized by a county or municipality to promote the general business or industrial interests of that county or municipality. (c) "Average private sector wage in the area" means the statewide private sector average wage or the average of all private sector wages and salaries in the county or in the standard metropolitan area in which the business is located. (d) "Business" means an employing unit, as defined in s. 443.036, that is registered for unemployment compensation purposes with the state agency providing unemployment tax collection services under contract with the Agency for Workforce Innovation through an interagency agreement pursuant to s. 443.1316, or a subcategory or division of an employing unit that is accepted by the state agency providing unemployment tax collection services as a reporting unit. (e) "Corporate headquarters business" means an international, national, or regional headquarters office of a multinational or multistate business enterprise or national trade association, whether separate from or connected with other facilities used by such business. (f) "Director" means the Director of the Office of Tourism, Trade, and Economic Development. (g) "Enterprise zone" means an area designated as an enterprise zone pursuant to s. 290.0065. (h) "Expansion of an existing business" means 11A r the expansion of an existing Florida business by or through additions to real and personal property, resulting in a net increase in employment of not less than 10 percent at such business. (i) "Fiscal year" means the fiscal year of the state. (j) "Jobs" means full -time equivalent positions, including, but not limited to, positions obtained from a temporary employment agency or employee leasing company or through a union agreement or coemployment under a professional employer organization agreement, that result directly from a project in this state. The term does not include temporary construction jobs involved with the construction of facilities for the project or any jobs previously included in any application for tax refunds under s. 288.1045 or this section. (k) "Local financial support" means funding from local sources, public or private, that is paid to the Economic Development Trust Fund and that is equal to 20 percent of the annual tax refund for a qualified target industry business. A qualified target industry business may not provide, directly or indirectly, more than 5 percent of such funding in any fiscal year. The sources of such funding may not include, directly or indirectly, state funds appropriated from the General Revenue Fund or anvl state trust fund, excluding tax revenues shared with local governments pursuant to law. (l) "Local financial support exemption option" means the option to exercise an exemption from the local financial support requirement available to any applicant whose project is located in a brownfield area, a rural city, or a rural community. 11A q Any applicant that exercises this option is not eligible for more than 80 percent of the total tax refunds allowed such applicant under this section. (m) "New business" means a business that applies for a tax refund under this section before beginning operations in this state and that is a legal entity separate from any other commercial or industrial operations owned by the same business. (n) "Office" means the Office of Tourism, Trade, and Economic Development. (o) "Project" means the creation of a new business or expansion of an existing business. (p) "Qualified target industry business" means a target industry business approved by the office to be eligible for tax refunds under this section. (q) "Return on investment" means the gain in state revenues as a percentage of the state's investment. The state's investment includes state grants, tax exemptions, tax refunds, tax credits, and other state incentives. (r) "Rural city" means a city having a population of 10,000 or fewer, or a city having a population of greater than 10,000 but fewer than 20,000 that has been determined by the office to have economic characteristics such as, but not limited to, a significant percentage of residents on public assistance, a significant percentage of residents with income below the poverty level, or a significant percentage of the city's employment base in agriculture- related industries. (s) "Rural community" means: 1. A county having a population of 75,000 or fewer. 2. A county having a population of 125,000 or 11A W fewer that is contiguous to a county having a population of 75,000 or fewer. 3. A municipality within a county described in subparagraph 1. or subparagraph 2. For purposes of this paragraph, population shall be determined in accordance with the most recent official estimate pursuant to s. 186.901. (t) "Target industry business" means a corporate headquarters business or any business that is engaged in one of the target industries identified pursuant to the following criteria developed by the office in consultation with Enterprise Florida, Inc.: 1. Future growth.— Industry forecasts should indicate strong expectation for future growth in both employment and output, according to the most recent available data. Special consideration should be given to businesses that export goods to, or provide services in, international markets and businesses that replace domestic and international imports of goods or services. 2. Stability. —The industry should not be subject to periodic layoffs, whether due to seasonality or sensitivity to volatile economic variables such as weather. The industry should also be relatively resistant to recession, so that the demand for products of this industry is not typically subject to decline during an economic downturn. 3. High wage. —The industry should pay relatively high wages compared to statewide or area averages. 4. Market and resource independent. —The location of industry businesses should not be dependent on Florida markets or resources as 11A q indicated by industry analysis, except for businesses in the renewable energy industry. 5. Industrial base diversification and strengthening. —The industry should contribute toward expanding or diversifying the state's or area's economic base, as indicated by analysis of employment and output shares compared to national and regional trends. Special consideration should be given to industries that strengthen regional economies by adding value to basic products or building regional industrial clusters as indicated by industry analysis. Special consideration should also be given to the development of strong industrial clusters that include defense and homeland security businesses. 6. Economic benefits. —The industry is expected to have strong positive impacts on or benefits to the state or regional economies. The term does not include any business engaged in retail industry activities; any electrical utility company; any phosphate or other solid minerals severance, mining, or processing operation; any oil or gas exploration or production operation; or any business subject to regulation by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation. Any business within NAICS code 5611 or 5614, office administrative services and business support services, respectively, may be considered a target industry business only after the local governing body and Enterprise Florida, Inc., make a determination that the community where the business may locate has conditions affecting the fiscal and economic viability of the local community 11 A �I or area, including but not limited to, factors such as low per capita income, high unemployment, high underemployment, and a lack of year -round stable employment opportunities, and such conditions may be improved by the location of such a business to the community. By January 1 of every 3rd year, beginning January 1, 2011, the office, in consultation with Enterprise Florida, Inc., economic development organizations, the State University System, local governments, employee and employer organizations, market analysts, and economists, shall review and, as appropriate, revise the list of such target industries and submit the list to the Governor, the President of the Senate, and the Speaker of the House of Representatives. (u) "Taxable year" means taxable year as defined in s. 220.03(1)(y). (3) TAX REFUND; ELIGIBLE AMOUNTS. — (a) There shall be allowed, from the account, a refund to a qualified target industry business for the amount of eligible taxes certified by the office that were paid by the business. The total amount of refunds for all fiscal years for each qualified target industry business must be determined pursuant to subsection (4). The annual amount of a refund to a qualified target industry business must be determined pursuant to subsection (6). (b)1. Upon approval by the office, a qualified target industry business shall be allowed tax refund payments equal to $3,000 multiplied by the number of jobs specified in the tax refund agreement under subparagraph (5)(a)1., or equal to $6,000 multiplied by the number of jobs if the project is located in a rural community or an enterprise zone. 11A 2. A qualified target industry business shall be allowed additional tax refund payments equal to $1,000 multiplied by the number of jobs specified in the tax refund agreement under subparagraph (5)(a)1. if such jobs pay an annual average wage of at least 150 percent of the average private sector wage in the area, or equal to $2,000 multiplied by the number of jobs if such jobs pay an annual average wage of at least 200 percent of the average private sector wage in the area. 3. A qualified target industry business shall be allowed tax refund payments in addition to the other payments authorized in this paragraph equal to $1,000 multiplied by the number of jobs specified in the tax refund agreement under - subparagraph (5)(a)1. if the local financial support is equal to that of the state's incentive award under subparagraph 1. 4. In addition to the other tax refund payments authorized in this paragraph, a qualified target industry business shall be allowed a tax refund payment equal to $2,000 multiplied by the number of jobs specified in the tax refund agreement under - subparagraph (5)(a)1. if the business: a. Falls within one of the high- impact sectors designated under s. 288.108; or b. Increases exports of its goods through a seaport or airport in the state by at least 10 percent in value or tonnage in each of the years that the business receives a tax refund under this section. For purposes of this sub - subparagraph, seaports in the state are limited to the ports of Jacksonville, Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm Beach, Port Manatee, 11A w Port St. Joe, Panama City, St. Petersburg, Pensacola, Fernandina, and Key West. (c) A qualified target industry business may not receive refund payments of more than 25 percent of the total tax refunds specified in the tax refund agreement under subparagraph (5)(a)1. in any fiscal year. Further, a qualified target industry business may not receive more than $1.5 million in refunds under this section in any single fiscal year, or more than $2.5 million in any single fiscal year if the project is located in an enterprise zone. A qualified target industry business may not receive more than $5 million in refund payments under this section in all fiscal years, or more than $7.5 million if the project is located in an enterprise zone. (d) After entering into a tax refund agreement under subsection (5), a qualified target industry business may: 1. Receive refunds from the account for the following taxes due and paid by that business beginning with the first taxable year of the business that begins after entering into the agreement: a. Corporate income taxes under chapter 220. b. Insurance premium tax under s. 624.509. 2. Receive refunds from the account for the following taxes due and paid by that business after entering into the agreement: a. Taxes on sales, use, and other transactions under chapter 212. b. Intangible personal property taxes under chapter 199. c. Emergency excise taxes under chapter 221. d. Excise taxes on documents under chapter 201. 11A 4 e. Ad valorem taxes paid, as defined in s. 220.03(1). f. State communications services taxes administered under chapter 202. This provision does not apply to the gross receipts tax imposed under chapter 203 and administered under chapter 202 or the local communications services tax authorized under s. 202.19. (e) However, a qualified target industry business may not receive a refund under this section for any amount of credit, refund, or exemption previously granted to that business for any of the taxes listed in paragraph (d). If a refund for such taxes is provided by the office, which taxes are subsequently adjusted by the application of any credit, refund, or exemption granted to the qualified target industry business other than as provided in this section, the business shall reimburse the account for the amount of that credit, refund, or exemption. A qualified target industry business shall notify and tender payment to the office within 20 days after receiving any credit, refund, or exemption other than one provided in this section. (f) Refunds made available under this section may not be expended in connection with the relocation of a business from one community to another community in the state unless the office determines that, without such relocation, the business will move outside the state or determines that the business has a compelling economic rationale for relocation and that the relocation will create additional jobs. (g) A qualified target industry business that 11A v7 fraudulently claims a refund under this section: 1. Is liable for repayment of the amount of the refund to the account, plus a mandatory penalty in the amount of 200 percent of the tax refund which shall be deposited into the General Revenue Fund. 2. Commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) APPLICATION AND APPROVAL PROCESS. — (a) To apply for certification as a qualified target industry business under this section, the business must file an application with the office before the business decides to locate in this state or before the business decides to expand its existing operations in this state. The application must include, but need not be limited to, the following information: 1. The applicant's federal employer identification number and, if applicable, state sales tax registration number. 2. The proposed permanent location of the applicant's facility in this state at which the project is to be located. 3. A description of the type of business activity or product covered by the project, including a minimum of a five -digit NAICS code for all activities included in the project. As used in this paragraph, " NAICS" means those classifications contained in the North American Industry Classification System, as published in 2007 by the Office of Management and Budget, Executive Office of the President, and updated periodically. 4. The proposed number of net new full -time equivalent Florida jobs at the qualified target 11A industry business as of December 31 of each year included in the project and the average wage of those jobs. If more than one type of business activity or product is included in the project, the number of jobs and average wage for those jobs must be separately stated for each type of business activity or product. 5. The total number of full -time equivalent employees employed by the applicant in this state, if applicable. 6. The anticipated commencement date of the project. 7. A brief statement explaining the role that the estimated tax refunds to be requested will play in the decision of the applicant to locate or expand in this state. 8. An estimate of the proportion of the sales resulting from the project that will be made outside this state. 9. An estimate of the proportion of the cost of the machinery and equipment, and any other resources necessary in the development of its product or service, to be used by the business in its Florida operations which will be purchased outside this state. 10. A resolution adopted by the governing board of the county or municipality in which the project will be located, which resolution recommends that the project be approved as a qualified target industry business and specifies that the commitments of local financial support necessary for the target industry business exist. Before the passage of such resolution, the office may also accept an official letter from an authorized local 11A economic development agency that endorses the proposed target industry project and pledges that sources of local financial support for such project exist. For the purposes of making pledges of local financial support under this subparagraph, the authorized local economic development agency shall be officially designated by the passage of a one -time resolution by the local governing board. 11. Any additional information requested by the office. (b) To qualify for review by the office, the application of a target industry business must, at a minimum, establish the following to the satisfaction of the office: 1.a. The jobs proposed to be created under the application, pursuant to subparagraph (a)4., must pay an estimated annual average wage equaling at least 115 percent of the average private sector wage in the area where the business is to be located or the statewide private sector average wage. The governing board of the county where the qualified target industry business is to be located shall notify the office and Enterprise Florida, Inc., which calculation of the average private sector wage in the area must be used as the basis for the business's wage commitment. In determining the average annual wage, the office shall include only new proposed jobs, and wages for existing jobs shall be excluded from this calculation. b. The office may waive the average wage requirement at the request of the local governing body recommending the project and Enterprise Florida, Inc. The office may waive the wage requirement for a project located in a brownfield 11A I area designated under s. 376.80, in a rural city, in a rural community, in an enterprise zone, or for a manufacturing project at any location in the state if the jobs proposed to be created pay an estimated annual average wage equaling at least 100 percent of the average private sector wage in the area where the business is to be located, only if the merits of the individual project or the specific circumstances in the community in relationship to the project warrant such action. If the local governing body and Enterprise Florida, Inc., make such a recommendation, it must be transmitted in writing, and the specific justification for the waiver recommendation must be explained. If the office elects to waive the wage requirement, the waiver must be stated in writing, and the reasons for granting the waiver must be explained. 2. The target industry business's project must result in the creation of at least 10 jobs at the project and, in the case of an expansion of an existing business, must result in a net increase in employment of at least 10 percent at the business. At the request of the local governing body recommending the project and Enterprise Florida, Inc., the office may waive this requirement for a business in a rural community or enterprise zone if the merits of the individual project or the specific circumstances in the community in relationship to the project warrant such action. If the local governing body and Enterprise Florida, Inc., make such a request, the request must be transmitted in writing, and the specific justification for the request must be explained. If the office elects to grant the request, the grant must be stated in 11A H writing, and the reason for granting the request must be explained. 3. The business activity or product for the applicant's project must be within an industry identified by the office as a target industry business that contributes to the economic growth of the state and the area in which the business is located, that produces a higher standard of living for residents of this state in the new global economy, or that can be shown to make an equivalent contribution to the area's and state's economic progress. (c) Each application meeting the requirements of paragraph (b) must be submitted to the office for determination of eligibility. The office shall review and evaluate each application based on, but not limited to, the following criteria: 1. Expected contributions to the state's economy, consistent with the state strategic economic development plan adopted by Enterprise Florida, Inc. 2. The return on investment of the proposed award of tax refunds under this section and the return on investment for state incentives proposed for the project. The Office of Economic and Demographic Research shall review and evaluate the methodology and model used to calculate the return on investment and report its findings by September 1 of every 3rd year, beginning September 1, 2010, to the President of the Senate and the Speaker of the House of Representatives. 3. The amount of capital investment to be made by the applicant in this state. 4. The local financial commitment and support 11A for the project. 5. The effect of the project on the unemployment rate in the county where the project will be located. 6. The effect of the award on the viability of the project and the probability that the project would be undertaken in this state if such tax refunds are granted to the applicant. 7. The expected long -term commitment of the applicant to economic growth and employment in this state resulting from the project. 8. A review of the business's past activities in this state or other states, including whether such business has been subjected to criminal or civil fines and penalties. This subparagraph does not require the disclosure of confidential information. (d) Applications shall be reviewed and certified pursuant to s. 288.061. The office shall include in its review projections of the tax refunds the business would be eligible to receive in each fiscal year based on the creation and maintenance of the net new Florida jobs specified in subparagraph (a)4. as of December 31 of the preceding state fiscal year. If appropriate, the office shall enter into a written agreement with the qualified target industry business pursuant to subsection (5). (e) The office may not certify any target industry business as a qualified target industry business if the value of tax refunds to be included in that letter of certification exceeds the available amount of authority to certify new businesses as determined in s. 288.095(3). However, if the commitments of local financial support represent less than 20 percent of the eligible tax refund 11A N payments, or to otherwise preserve the viability and fiscal integrity of the program, the office may certify a qualified target industry business to receive tax refund payments of less than the allowable amounts specified in paragraph (3)(b). A letter of certification that approves an application must specify the maximum amount of tax refund that will be available to the qualified industry business in each fiscal year and the total amount of tax refunds that will be available to the business for all fiscal years. (f) This section does not create a presumption that an applicant will receive any tax refunds under this section. However, the office may issue nonbinding opinion letters, upon the request of prospective applicants, as to the applicants' eligibility and the potential amount of refunds. (5) TAX REFUND AGREEMENT.— (a) Each qualified target industry business must enter into a written agreement with the office that specifies, at a minimum: 1. The total number of full -time equivalent jobs in this state that will be dedicated to the project, the average wage of those jobs, the definitions that will apply for measuring the achievement of these terms during the pendency of the agreement, and a time schedule or plan for when such jobs will be in place and active in this state. 2. The maximum amount of tax refunds that the qualified target industry business is eligible to receive on the project and the maximum amount of a tax refund that the qualified target industry business is eligible to receive for each fiscal year, based on the job creation and maintenance 11A 'M schedule specified in subparagraph 1. 3. That the office may review and verify the financial and personnel records of the qualified target industry business to ascertain whether that business is in compliance with this section. 4. The date by which, in each fiscal year, the qualified target industry business may file a claim under subsection (6) to be considered to receive a tax refund in the following fiscal year. 5. That local financial support will be annually available and will be paid to the account. The office may not enter into a written agreement with a qualified target industry business if the local financial support resolution is not passed by the local governing body within 90 days after the office has issued the letter of certification under subsection (4). 6. That the office may conduct a review of the business to evaluate whether the business is continuing to contribute to the area's or state's economy. 7. That in the event the business does not complete the agreement, the business will provide the office with the reasons the business was unable to complete the agreement. (b) Compliance with the terms and conditions of the agreement is a condition precedent for the receipt of a tax refund each year. The failure to comply with the terms and conditions of the tax refund agreement results in the loss of eligibility for receipt of all tax refunds previously authorized under this section and the revocation by the office of the certification of the business entity as a qualified target industry business, unless the 11A Vd business is eligible to receive and elects to accept a prorated refund under paragraph (6)(e) or the office grants the business an economic recovery extension. 1. A qualified target industry business may submit a request to the office for an economic recovery extension. The request must provide quantitative evidence demonstrating how negative economic conditions in the business's industry, the effects of a named hurricane or tropical storm, or specific acts of terrorism affecting the qualified target industry business have prevented the business from complying with the terms and conditions of its tax refund agreement. 2. Upon receipt of a request under subparagraph 1., the office has 45 days to notify the requesting business, in writing, whether its extension has been granted or denied. In determining whether an extension should be granted, the office shall consider the extent to which negative economic conditions in the requesting business's industry have occurred in the state or the effects of a named hurricane or tropical storm or specific acts of terrorism affecting the qualified target industry business have prevented the business from complying with the terms and conditions of its tax refund agreement. The office shall consider current employment statistics for this state by industry, including whether the business's industry had substantial job loss during the prior year, when determining whether an extension shall be granted. 3. As a condition for receiving a prorated refund under paragraph (6)(e) or an economic recovery extension under this paragraph, a qualified target 11A ' industry business must agree to renegotiate its tax refund agreement with the office to, at a minimum, ensure that the terms of the agreement comply with current law and office procedures governing application for and award of tax refunds. Upon approving the award of a prorated refund or granting an economic recovery extension, the office shall renegotiate the tax refund agreement with the business as required by this subparagraph. When amending the agreement of a business receiving an economic recovery extension, the office may extend the duration of the agreement for a period not to exceed 2 years. 4. A qualified target industry business may submit a request for an economic recovery extension to the office in lieu of any tax refund claim scheduled to be submitted after January 1, 2009, but before July 1, 2012. 5. A qualified target industry business that receives an economic recovery extension may not receive a tax refund for the period covered by the extension. (c) The agreement must be signed by the director and by an authorized officer of the qualified target industry business within 120 days after the issuance of the letter of certification under subsection (4), but not before passage and receipt of the resolution of local financial support. The office may grant an extension of this period at the written request of the qualified target industry business. (d) The agreement must contain the following legend, clearly printed on its face in bold type of not less than 10 points in size: "This agreement is 11A ii not a general obligation of the State of Florida, nor is it acked by the full fai—thand credit of the State of Florida. Payment of tax refunds is conditioned on su sect to specific annual appropriations by the Florida Legislature sufficient to pay amounts aut orize in section 288.106, Florida Statutes." (6) ANNUAL CLAIM FOR REFUND. — (a) To be eligible to claim any scheduled tax refund, a qualified target industry business that has entered into a tax refund agreement with the office under subsection (5) must apply by January 31 of, each fiscal year to the office for the tax refund schedu ed to be paid fro fiscal year that begins on July 1 following the January 31 claims - submission date. The office may, upon written request, grant a 30 -day extension of the filing date. (b) The claim for refund by the qualified target industry business must inc ude a copy o all receipts pertaining to the payment of taxes for which the refund is sought and data related to achievement of each performance item specified in the tax refund agreement. The amount requested as a tax refund may not exceed the amount specified for the relevant fiscal year in that agreement. (c) The office may waive the requirement for proof of taxes paid in future years for a qualified target industry business that provides the office with proof that, in a single year, the business has paid an amount of state taxes from the categories in paragraph (3)(d) that is at least equal to the total amount of tax refunds that the business may receive through successful completion of its tax refund agreement. 11A vi (d) A tax refund may not be approved for a qualified target industry business unless the required local financial support has been paid into the account for that refund. If the local financial support provided is less than 20 percent of the approved tax refund, the tax refund must be reduced. In no event may the tax refund exceed an amount that is equal to 5 times the amount of the Local financial support received. Further, funding from local sources includes any tax abatement granted to that business under s. 196.1995 or the appraised market value of municipal or county land conveyed or provided at a discount to that business. The amount of any tax refund for such business approved under this section must be reduced by the amount of any such tax abatement granted or the value of the land granted, and the limitations in subsection (3) and paragraph (4)(e) must be reduced by the amount of any such tax abatement or the value of the land granted. A report listing all sources of the local financial support shall be provided to the office when such support is paid to the account. (e) A prorated tax refund, less a 5- percent penalty, shall be approved for a qualified target industry business if all other applicable requirements have been satisfied and the business proves to the satisfaction of the office that: 1. It has achieved at least 80 percent of its projected employment; and 2. The average wage paid by the business is at least 90 percent of the average wage specified in the tax refund agreement, but in no case less than 115 percent of the average private sector wage in 11A " the area available at the time of certification, or 150 percent or 200 percent of the average private sector wage if the business requested the additional per -job tax refund authorized in paragraph (3)(b) for wages above those levels. The prorated tax refund shall be calculated by multiplying the tax refund amount for which the qualified target industry business would have been eligible, if all applicable requirements had been satisfied, by the percentage of the average employment specified in the tax refund agreement which was achieved, and by the percentage of the average wages specified in the tax refund agreement which was achieved. (f) The office, with such assistance as may be required from the Department of Revenue or the Agency for Workforce Innovation, shall, by June 30 following the scheduled date for submission of the tax refund claim, specify by written order the approval or disapproval of the tax refund claim and, if approved, the amount of the tax refund that is authorized to be paid to the qualified target industry business for the annual tax refund. The office may grant an extension of this date on the request of the qualified target industry business for the purpose of filing additional information in support of the claim. (g) The total amount of tax refund claims approved by the office under this section in any fiscal year must not exceed the amount authorized under s. 288.095(3). (h) This section does not create a presumption that a tax refund claim will be approved and paid. (i) Upon approval of the tax refund under paragraphs (d), (e), and (f), the Chief Financial I I A Officer shall issue a warrant for the amount specified in the written order. If the written order is appealed, the Chief Financial Officer may nor. issue a warrant for a refund to the qualified target industry business until the conclusion of all appeals of that order. (7) ADMINISTRATION. — (a) The office may verify information provided in any claim submitted for tax credits under this section with regard to employment and wage levels or the payment of the taxes to the appropriate agency or authority, including the Department of Revenue, the Agency for Workforce Innovation, or any local government or authority. (b) To facilitate the process of monitoring and auditing applications made under this section, the office may provide a list of qualified target industry businesses to the Department of Revenue, to the Agency for Workforce Innovation, or to any local government or authority. The office may request: the assistance of those entities with respect to monitoring jobs, wages, and the payment of the taxes listed in subsection (3). (c) Funds specifically appropriated for tax refunds for qualified target industry businesses under this section may not be used by the office for any purpose other than the payment of tax refunds authorized by this section. (d) Beginning with tax refund agreements signed after July 1, 2010, the office shall attempt to ascertain the causes for any business's failure to complete its agreement and shall report its findings and recommendations to the Governor, the President of the Senate, and the Speaker of the .� w ■ 11A House of Representatives. The report shall be submitted by December 1 of each year beginning in 2011. (8) EXPIRATION. —An applicant may not be certified as qualified under this section after June 30, 2020. A tax refund agreement existing on that date shall continue in effect in accordance with its terms. History. —s. 76, ch. 94 -136; s. 44, ch. 96 -320; s. 31, ch. 97 -99; s. 19, ch. 97 -278; s. 7, ch. 98 -75; s. 26, ch. 99 -251; s. 38, ch. 2000 -210; S. 59, ch. 2001 -61; s. 11, ch. 2002 -294; s. 4, ch. 2002 -392; s. 8, ch. 2003 -36; s. 341, ch. 2003 -261; s. 3, ch. 2003 -270; s. 61, ch. 2004 -269; s. 3, ch. 2005 -276; s. 38, ch. 2007 -5; s. 17, ch. 2009 -51; s. 1, ch. 2010 -136; s. 18, ch. 2010 -147. 'Note.— Substituted by the editors for a reference to subparagraph (4)(a)1. to conform to the redesignation of subsections in the amendment to s. 288.106 by s. 1, ch. 2010 -136. 11A RaineyJennifer From: KlatzkowJeff Sent: Tuesday, May 03, 2011 3:19 PM To: RaineyJennifer Cc: HillerGeorgia Subject: RE: Economic Development Agenda Item 1 OD Commissioner: If the Board elects to award this grant it will be primarily based on the highlighted statute. As an aside, if this recommendation is approved the item must come back to the Board in the form of an agreement, which agreement I will draft with the requisite Board findings of fact in the recitals to meet all legal requirements. LEGAL CONSIDERATIONS: The applicant does not meet the Ordinance's minimum threshold for the creation of 20 new full -time jobs at 150% of the current Collier County private- sector average wage ($58,079), as they are proposing to create 15 jobs at 131% of the Collier County private- sector average wage ($50,833). That said, by Ordinance No. 2009- 22 the Board of County Commissioners declared that a State of Local Economic Emergency exists within Collier County, finding, among other things, a significant loss of jobs within the County. Additionally, pursuant to Florida Statute Section 125.045 (County econoM development powers); the Board of County Commissioners is expressly authorized to make „grants to private enterprises far the expansion of bt. sinesses existing in the community or the attraction of new businesses in the community." Accordingly, it is the opinion of the County Attorney that this item is legally sufficient for Board action. —JAK As an aside, any substantive issue with this item ought to be addressed to the EDC; both this item and the recommendation come from the EDC, not from staff or me. Jeff Klatzkow From: RaineyJennifer Sent: Tuesday, May 03, 20118:08 AM To: RaineyJennifer; Klatzkow)eff Cc: HillerGeorgia Subject: RE: Economic Development Agenda Item 10D Jeff this is now 10C it moved from yesterday. Jennifer Rainey Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tamiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax From: RaineyJennifer 1 Agenda Item #: I I A— Meeting Date: _51Qq it Presented by: Q+e0rc�\e_ \A,\\er Sent: Tuesday, May 03, 20117:49 AM To: KlatzkowJeff Cc: RaineyJennifer; HillerGeorgia Subject: Economic Development Agenda Item IOD Jeff, the Commissioner would like you to supply for upload to item 10D the following: • Specific law that allows for waivers (highlight or underline the specific section) • Specific ordinance that applies and by which you rely on for your opinion that allows for waivers (highlight the section that applies) Please send me the information today. I am happy to upload this backup to the item for you or your staff can add it please let me know. Thank you, Jennifer Rainey Executive Aide to Board of County Commissioners Aide to Commissioner Georgia Hiller, District #2 3299 Tamiami Trail East, Suite # 303 Naples, FL 34112 (239) 252 -8602 (239) 252 -3602 Fax Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public, records reluest, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Agenda item #: I I A Meeting Cate :sjzy /t 11A a Presented by: Q&OrSr%C4_ VV\\ e ZESOLUTION 2006 -_ 1Z A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONE SU ERSED NG AND R PLAC NG RESOLOTIA 409, IN ORDER TO AMEND THE PROCEDURES AND THE REGULATORY PROCESS PROGRAM FOR EXPEDITING THE DEVELOPMENT REVIEW PROCESS FOR QUALIFIED ECONOMIC DEVELOPMENT COUNCIL "FAST TRACK" PROJECTS, AS CODIFIED IN THE COLLIER COUNTY ADMINISTRATIVE CODE. RECITALS WHEREAS, it is the policy of the State of Florida and Collier County to encourage the growth of high value -added employment and the economic base by providing assistance to qualified targeted industries that create high -wage job opportunities; and WHEREAS, the County working with the Economic Development Council of Collier County will promote a "fast track" permitting review and approval program to expedite land use and permitting applications for targeted industries in Collier County; and WHEREAS, on November 29, 2005, through adoption of Resolution 05 -409, the Board of County Commissioners established the procedures and the regulatory process program for expediting the development review process for qualified economic development council "fast track" projects; and WHEREAS, following adoption of Resolution 05 -409, staff determined that the Resolution contained two, unintended minor errors, and the Board of County Commissioners desires to rescind Resolution 05 -409 and have this new Resolution take its place in order to correct the errors; and WHEREAS, these procedures are appropriate for inclusion in the Collier County Administrative Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: This Resolution shall supersede and replace Resolution 05 -409. 2. The foregoing Recitals are adopted as true and incorporated as part of this Resolution. 3. The intent of the Board of County Commissioners is to apply these procedures to development orders or permit applications certified by the Economic Development Council (EDC) of Collier County as qualified for an expedited review and in doing so identify such projects as EDC "Fast Track" projects. Page I of 7 11A i 4. The Board of County Commissioners' economic development expedited review policy as set forth below is to be included where appropriate in the Collier County Administrative Code and is adopted for immediate use, as follows: A. Purpose /Scope: Establish procedures for expedited reviews of all development orders and permits qualifying as an EDC "Fast Track" approved application. The EDC "Fast Track" expedited preview process for qualified development orders and permits is not intended to otherwise modify or alter existing procedural standards for reviewing development orders and permit applications, including those that do not qualify for EDC "Fast Track" expedited review status. B. Applicability: These procedures apply to the review of all qualified development orders and permits for new and expanding development in Collier County approved under the EDC targeted industry expedited review program. In order to qualify for "Fast Track" expedited review the applicant for a proposed development order or permit must: I. Include an application approved by the Economic Development Council of Collier County and verified by the Director of Zoning and band Development Review stating that the project has qualified for EDC "Fast Track" expedited review status; and 2. Specifically request EDC "Fast Track" expedited review project status as part of an application for a county development order or permit, as defined in the Collier County Land Development Code (LDC) Section 1.08.02, including but not limited to: rezone petitions, including those for PUD district; Site Development Plans; and Building Permits, including their corresponding zoning, engineering, environmental, transportation, and fire code reviews. 3. Qualifying EDC "Fast Track" projects are projects or developments that: a. Create new or expanded businesses that are "Targeted Industries" which are defined as businesses that are aggressively pursued for relocation to, or expansion within, the local jurisdiction by the Economic Development County of Collier County, They may include, but are not limited to the following industries: aviation, information technology, biomedical, manufacturing, corporate headquarters, research and development, wholesale trade and distribution, and companies locating or expanding within the Immokalee Rural Federal Enterprise Community. Page 2 of 7 11A b. Provide 150% or more of the current private sector average wage for projects in High Impact Areas, which is a designation given to qualifying economic development projects located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community; or 115% of the current private sector average wage for projects in Eastern Collier County which is defined as that area of unincorporated Collier County that includes those parcels of land immediately adjacent to, and east of, Collier Boulevard, except for those parcels designated as part of the Immokalee Rural Federal Enterprise Community; or 50% of the current private sector average wage for projects in the Immokalee Rural Federal Enterprise Community which is that jurisdiction so designated by the U.S. Department of Agriculture as a multi jurisdictional entity including Immokalee (census tracts 112.04, 112.05, 113, 114), parts of Hendry County and the Seminole Indian Reservation; the Enterprise Community boundaries in Collier County follow the Immokalee Enterprise Zone boundaries, a designation by the State of Florida, pursuant to F.S. § § 290.001 — 290.016. C. Creation of full time jobs at the following levels: a minimum of 20 new full time jobs in the High Impact Areas; or a minimum of 10 new full time jobs in Eastern Collier County; or a minimum of 5 new jobs within the Immokalee Enterprise community. C. EDC Fast Track Expedited Review Procedures. I . EDC "Fast Track" expedited review qual(j%ation meeting Prior to an application for a development order or permit being submitted to Collier County for an EDC "Fast Track" expedited review, the applicants or agents must attend a qualification meeting with the Economic Development County of Collier County. Those that demonstrate compliance as defined in B.3, above, will be issued an EDC "Fast Track" certificate of expedited review by the Economic Development County of Collier County. 2. Submittal of EDC "Fast Track" expedited review Application and Certificate. Once qualified, a complete development order or development permit application, including the EDC "Fast Track" certificate of expedited review must be submitted to the Page 3 of 7 11A °t County for expedited review within six (6) months from date of issuance of the certificate. If a complete development order or permit application is not submitted within six (6) months from the date of issuance of the certificate, the applicant must apply to be re- qualified under 1., above. 3. EDC "Fast Track" expedited review time line for application sufficiency. Complete development order or development permit application submittal packages, once time - stamped by the Department of Zoning and Land Development Review, or the Building Review and Permitting Department, will receive an expedited sufficiency review within two (2) business days as set forth below. a. To be considered "complete" an application submittal package must include all items indicated in the pre - application meeting notes, EDC Certificate, and any and all required documentation as noted on the application checklist. b. The Department of Zoning and Land Development Review, or the Building Review and Permitting Department, will review the submittal package and determine it to be "complete" or "incomplete" at the time the application is submitted. C. An application package deemed "incomplete" will not be accepted and will be returned to the applicant and the applicant will be advised of the deficiencies and will be directed to reapply. With each subsequent completeness submittal, the Department of Zoning and Land Development Review or the Building Review and Permitting Department will determine an application package to be "complete" or "incomplete" at the time of submittal. d. Once an application package is deemed "complete" it will have all necessary data entered into the computer- tracking program noting the EDC "Fast Track" expedited review period: 120 business days for Rezoning Petitions, 60 business days for Plat or Site Development Plans, or 75 business days for commercial Building Permits. If an Environmental Impact Statement is required with the application, an additional 30-45 business day of review time may be required to adequately coordinate letters of technical assistance for appropriate state' Page 4of7 11A N and federal review agencies. These review periods will include all the necessary public hearings; however, they are predicated on the required quorum before the Environmental Advisory Counsel (EAC) and the Collier County Planning Commission (CCPC) and scheduled meeting dates of the Board of County Commissioners (BCC). e. In addition, an EDC "Fast Track" expedited review routing sheet will be completed, attached, and the application package will be distributed for staff review within two (2) business days from sufficiency determination. 4. Expedited review times for staff EDC Fast Track expedited review projects. a. Review of any development order or permit with EDC "Fast Track" expedited review status will be completed and the appropriate staff reports and approvals completed within 120 business days for rezoning requests, 60 business days for platting or Site Development Plan requests, or 75 business days for residential Building Permit requests from date of distribution for staff review. b. As may be appropriate, subsequent public hearings before the EAC, CCPC, and the BCC will then be scheduled consistent with paragraph 5 below. To insure that expedited review applications move through the review process in a timely manner, all re- submittals should be provided to the County within 20 business days from posting of final staff review comments on the computer tracking system. As such, the County's 60/12075- business day review timeframes will not include any time when the application has been returned to the applicant for corrections based on staff's sufficiency review comments. C. In order to meet the expedited review period, staff reviewers must complete their initial review of EDC "Fast Track" expedited review applications within fifteen (15) business days from receipt for rezone petitions, seven (7) business days from receipt for platting and Site Development Plans, or 25 business days from receipt for commercial Building Permits. If an Environmental Impact Statement is required with the application, a 30-45 additional business day review time will be required. Review comments will be forwarded via fax or email to they Page 5 of 7 11A applicant and the owner within one (1) working day of when they are posted to the computer tracking system. d. Within two (2) business days from receipt by CDES, any additional information, including any corrected plans submitted in response to the reviewer's comments, will be distributed to the appropriate reviewers. C. Resubmitted information and/or corrected plans will be reviewed under the same procedures until all of the assigned reviewers have approved the development order or permit and final approval is granted by the County Manager or his designee. f. Once an application for a development order or permit has been rejected three (3) times by county staff, the applicants or agents along with the owner or developer and a representative of the EDC must attend a mandatory project review meeting to be held with all county reviewers yet to approve the application. 5. Public Meeting and Hearings. Qualified EDC "Fast Track" expedited review projects will be given first priority for scheduling of all neighborhood informational (NIM) meetings, development review /pre - application meetings, and public hearings. D. Applicant Requirements. 1. Application Agreement. Prior to the submittal of a development permit or order application, the applicant shall sign and enter into an "Application Agreement" with Collier County and the Economic Development Council in order to participate in the Fast Track expedited review program and agree to the terms and requirements of the program, including, but not limited to, the timely submission of all information relevant to the petition and subsequent submittals of information in response to staff reviews. 2. Certification of Compliance. A notarized affidavit from an officer of the qualifying corporation or business shall be provided to the Economic Development Council and the Operation Support and Housing Director of Collier County certifying that the new jobs created, that qualified the new or expanding business for the Fast Track Program, have been created and meet the wage requirements as identified within this Resolution, Such certification must be Page 6 of 7 11A 'o received within twelve (12) months of the issuance of the first Certificate of Occupancy for the specified project. This Resolution adopted after motion, second, and majority vote this -� day of A 2006. ATTEST:., DWIGH'i'� 4i0* -XLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA OPOO By: t!l1i:�Y t0 a FRANK HALAS, CHAIRMAN tlVattre only. Appfved as tQ form and ¢ai Lf iencv: A. Attorney Page 7 of 7 . e A ORDINANCE NO. 2009- 22 A ADINANCE OF THE A OF COUNTY COMMISSIONERS OF `C}! C LIER COUNTY, FLORIDA, DECLARING A STATE OF LOCAL ONOMIC EMERGENCY; TOLLING TO MAY 12, 2011 THE l��e8L9gvS' LANNED UNIT DEVELOPMENT TIME LIMIT AND TIME LIMIT EXTENSION REQUIREMENTS AS FOUND IN SECTION 10.02.13.1) OF THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the United States of America, the State of Florida and Collier County are presently experiencing an economic downturn not experienced in the last 30 -40 years; and WHEREAS, individual citizens and families living in the United States, Florida and Collier County are experiencing negative effects from this economic downturn; and WHEREAS, because of significant revenue decreases at the State and local levels, jobs are being lost, homes are being foreclosed, and services are being cut; and WHEREAS, Collier County is currently experiencing a dramatic and devastating decline in the residential and commercial development markets that adversely impact the entire local economy; and WHEREAS, Section 10.02.13.D of the Collier County Land Development Code provides for Planned Unit Development time limit and time limit extension requirements. The local economic emergency has created a situation that is making it impractical, if not impossible, for developers of Planned Unit Developments to complete their projects within the time limits established prior to this period of local emergency. Collier County currently has a very large number of homes that have been approved for development but have not been built and are not anticipated to be built during the period of the local economic emergency; and WHEREAS, tolling of the Planned Unit Development time limit and time limit extension {—'' is necessary to relieve conditions resulting from the local economic emergency; and Agenda Item #: 1 Meeting Date: l I Presented by: C—,rQ r -, V--1r'1 \w 11A' n WHEREAS, because of this emergency, the Board wishes to toll the Planned Unit Development time limit and time limit extension provisions without going through the process of amending the Land Development Code as set forth in Sections 10.02.08.0 and 10.02.09 of the Land Development Code. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Short Title and Recitals. This Ordinance shall be known as the Collier County Local Economic Emergency Ordinance, and the above findings and recitals are hereby adopted by reference into this Ordinance. SECTION TWO: Declaration of Local Economic Emergency. The Collier County Board of County Commissioners, convened in regular session, hereby declares and ordains that a local economic emergency exists within Collier County, Florida, requiring immediate measures to address the emergency before irreversible harm is done to the economic well being of the citizens of the County. This Ordinance is adopted after public hearing pursuant to, and in accordance with, Section 125.66(2), Florida Statutes. SECTION THREE: Tolling of Land Development Code Section 10.02.13.D. Section 10.02.13.13 of the Collier County Land Development Code provides for Planned Unit Development time limit and time limit extension requirements. These time limit and time limit extension requirements are hereby tolled to May 12, 2011 for Planned Unit Developments which have not sunsetted prior to the effective date of this Ordinance. Prior to May 12, 2011, the Board of County Commissioners will determine if the declaration of Local Economic Emergency should be ended. Page 2 of 3 11A' 4 SECTION FOUR: 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 FIVE: 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 Ordinance may be renumbered or relettered to accomplish such, and the word 'ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION SIX: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of M R , 2009. ATTEST: DWIGHT E. BROCK, Clerk i CI, 11r �Jlnii' puts Clerk ,� flA i M h'1Ran s .f Ap '"6r bd1ai iot form anllc%aL stfficieov: J 04-COA -010 V1039/4 -24-09 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DOPWkALA, Chairman Page 3 of 3 'nliT it►wiW of Sr te'a G and ocknowledgemc' t� �� fill recei fh' dal of 1 11A STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009 -22 Which was adopted by the Board of County Commissioners on the 12th day of May, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of May, 2009. DWIGHT E. BROCK Clerk of Courts and- Clerk Ex- officio to Board of County Commission#ts By: Teresa Polaski`, Deputy Clerk 5/24/2011 Item 11.A. EXECUTIVE SUMMARY 11 A Request for authorization to advertise and bring back for future consideration an amendment to Chapter 49 of the Collier County Code of Laws and Ordinances, relating to economic development, which will establish additional criteria to be evaluated (1) when there is a request to lessen or waive certain requirements in existing economic development ordinances and programs, and (2) when there is an application seeking grants and /or other incentives which fall outside existing economic development ordinances and programs. OBJECTIVE: To obtain the Board of County Commissioners' (Board's) authorization to advertise and bring back for future consideration an ordinance amending Chapter 49 of the Code of Laws and Ordinances in order to establish additional criteria and provide flexibility in awarding grants and other economic incentives in addition to the eligibility criteria set forth in each incentive program. CONSIDERATIONS: Chapter 49 of the Code of Laws and Ordinances is a "toolbox" of economic incentive programs intended to promote and foster economic diversification through the retention of high wage jobs in targeted industry clusters. The first of these programs was the Job Creation Investment Program. Subsequently, the Board established the Fee Payment Assistance Program, the Property Tax Stimulus Program, an Advanced Broadband Infrastructure Investment Program, a Job Retention Investment Program, and a mechanism to create Innovation Zones. Some of these programs have been amended from time -to -time. At its May 10, 2011 regular meeting (Item 10 -C), the Board considered an Economic Development Council request to waive the minimum job creation and wage requirement for a business locating in western Collier County (Collier Scrap Metal Recycling, Inc.). At the end of this discussion, the Board directed the County Attorney to draft an amending ordinance to allow the Board, upon the finding of good cause shown, to waive some or all of the requirements set forth in the programs codified in Chapter 49. It is the opinion of the County Attorney that established criteria would help the Board in making such a determination, and lessen the risk that the Board's decision could be challenged as arbitrary or capricious. When drafting this amendment, it became clear that the same criteria that could be utilized when the Board is asked to lessen or waive requirements in existing economic development programs could also be utilized if the Board is asked to consider awarding a grant or other incentives which fall outside existing programs. The proposed amendment creates new Sections 49 -10, 49 -11 and 49 -12 to the Code of Laws and Ordinances of Collier County which would read as follows: ARTICLE I. IN GENERAL Section 49 -10 Economic Development — Purpose. It is the policy of the Board to promote economic growth which results in high wage jobs and helps diversify the economy of Collier County. To further this policy, the Board from time -to -tune will enact ordinances designed to encourage private sector investing within Collier County which results in Packet Page -235- 5/24/2011 Item 11.A. increased employment opportunities for Collier County residents. Such ordinances are in addition to all powers the Board enjoys under its Home Rule powers and as set forth in Florida Statutes Sec. 125.045 (County economic development powers), as may be amended from time -to -time by the State Legislature. Section 49 -11 Criteria in Awarding Grants and other Incentives In addition to the Eligibility Criteria set forth in each program, the Board may also consider the following criteria in its review: a. The type of business that is proposed; b. The total number of net jobs to be created and retained by the project; c. The expected number of employees who will reside in the County; d. The average wage of the jobs to be created and retained, both considering executive compensation and excluding executive compensation; e. The health, retirement and other benefit package offered to the prospective f. 9. h. i. j• k. 1. M. n. o. P• q• employees; The projected capital investment of the project, including land, building and equipment; The projected completion date for the project. If the project is to be completed in phases, then the dates of such phases and the number of jobs projected to commence with each phase; The environmental impact of the proposed business; The impact that the proposed business would have on existed businesses and employment within Collier County; Whether the proposed business will utilize local sources of supply; Whether the proposed business is expected to employ current County residents; Whether the proposed business is expected to attract other employers to Collier County; The current economic climate of the County, including the unemployment rate and housing vacancy rate; Whether the proposed relocation or expansion would occur without the award; Whether the proposed business can be serviced by existing mass transit; The impact to County Government revenues projected by the business and by the increase in employment; The impact to County Government costs in providing services and infrastructure to the proposed business and projected employment; and Other such factors that the Board may deem relevant in evaluating the merits of the application. Applications for grants and other incentives that do not fall within existing programs will be evaluated utilizing the criteria set forth above. Section 49 -12 Waiver. With respect to all economic development ordinances previously enacted by the Board of County Commissioners, which are codified in Chapter 49 of the Packet Page -236- 5/24/2011 Item 11.A. Collier County Code of Laws and Ordinances, and unless otherwise set forth to 1 1 A the contrary, with respect to all economic development ordinances to be enacted hereafter, such ordinances and the programs set forth therein are to be liberally construed, and that upon the finding of good cause show, utilizing the criteria set forth in Section 49 -11, the Board may lessen or waive any requirements set forth in such ordinances and the programs set forth therein. FISCAL IMPACT: Advertising costs are approximately $400.00. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners authorizes the County Attorney to advertise and bring back for future consideration an ordinance amending Chapter .49 of the Code of Laws and Ordinances which establishes additional criteria and provides flexibility in awarding grants and other economic incentives in addition to the eligibility criteria set forth in each incentive program. PREPARED BY: Jeffrey A. Klatzkow, County Attorney (. Nod Packet Page -237- COLLIER COUNTY Board of County Commissioners Item Number: 11.A. 5/24/2011 Item 11.A. 11A i Item Summary: Request for authorization to advertise and bring back for future consideration an amendment to Chapter 49 of the Collier County Code of Laws and Ordinances, relating to economic development, which will establish additional criteria to be evaluated (1) when there is a request to lessen or waive certain requirements in existing economic development ordinances and programs, and (2) when there is an application seeking grants and /or other incentives which fall outside existing economic development ordinances and programs. Meeting Date: 5/24/2011 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 5/18/2011 12:31:28 PM Approved By Name: KlatzkowJeff Title: County Attorney, Date: 5/18/2011 1:30:05 PM Name: GreenwaldRandy Title: Management /Budget Analyst,Office of Management & B Date: 5/18/20112:28:42 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 5/18/20113:02:06 PM Packet Page -238- 5/24/2011 Item 11.A. ORDINANCE NO. 2011- 1 A I AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ARTICLE I OF CHAPTER 49 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, BY PROVIDING FOR AN OVERALL PURPOSE FOR ECONOMIC DEVELOPMENT ORDINANCES ENACTED BY THE BOARD; PROVIDING THAT SUCH ORDINANCES ARE IN ADDITION TO ANY AND ALL ECONOMIC DEVELOPMENT POWERS THE BOARD MAY OTHERWISE EXERCISE UNDER LAW; PROVIDING THAT SUCH ORDINNACES ARE TO BE LIBERALLY CONSTRUED, AND UPON A FINDING OF GOOD CAUSE SHOWN FOR A WAIVER OF ANY AND ALL REQUIREMENTS SET FORTH IN ECONOMIC DEVELOPMENT ORDINANCES AND THE PROGRAMS SET FORTH THEREIN; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, based upon a legislative finding that the Collier County's historical dependence upon tourism, agriculture and construction are susceptible to economic cycles and downturns in the economy, on March 12, 2003, the Board of County Commissioners directed staff to move forward with proposals for a "toolbox" economic diversification to promote and foster economic diversification through the retention of high wage jobs in targeted industry clusters; and WHEREAS, in keeping with this direction, staff brought forward various proposals, and the Board enacted Ordinance 2003 -63, which amended the Collier County Code of Laws and Ordinances by creating new Chapter 49 — Economic Development, with the first of these programs, the Job Creation Investment Program; and WHEREAS, the Board added additional programs to this Chapter 49 "toolbox," which include the Fee Payment Assistance Program enacted by Ordinance 2003 -61; a Property Tax Stimulus Program enacted by Ordinance 2003 -62; an Advanced Broadband Infrastructure Investment Program enacted by Ordinance No. 2005 -56; a Job Retention Investment Program enacted by Ordinance 2008 -16; and establishing a mechanism to create Innovation Zones as set forth in Ordinance 2010 -20, some of which programs have been amended from time -to -time; and WHEREAS, the Board wishes to make clear that these programs are in addition to all powers the Board enjoys under its Home Rule powers and as set forth in Florida Statutes Sec. 125.045 (County economic development powers), as may be amended from time -to -time by the State Legislature; that these programs are to be liberally construed, and that the Board, upon the Packet Page -239- 5/24/2011 Item 11.A. 11A finding of good cause shown, may waive some or all of the requirements set forth in the Ordinances and the Programs codified in Chapter 49 of the Collier County Code of Laws and Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Collier County hereby adopts an Ordinance that amends Chapter 49 of the Collier County Code of Laws and Ordinances as follows: ARTICLE I. IN GENERAL Section 49 -10 Economic Development — Purpose. It is the policy of the Board to promote economic growth which results in high wage jobs and helps diversify the economy of Collier County. To further this policy, the Board from time - to- time will enact ordinances designed to encourage private sector investing within Collier County which results in increased employment opportunities for Collier County residents. Such ordinances are in addition to all powers the Board enjoys under its Home Rule powers and as set forth in Florida Statutes Sec. 125.045 (County economic development powers), as may be amended from time -to -time by the State Legislature. Section 49 -11 Criteria in Awarding Grants and other Incentives In addition to the Eligibility Criteria set forth in each program, the Board may also consider the following criteria in its review: a. The type of business that is proposed; b. The total number of net jobs to be created and retained by the project; c. The expected number of employees who will reside in the County; d. The average wage of the jobs to be created and retained, both considering executive compensation and excluding executive compensation; e. The health, retirement and other benefit package offered to the prospective employees; f. The projected capital investment of the project, including land, building and equipment; g. The projected completion date for the project. If the project is to be completed in phases, then the dates of such phases and the number of jobs projected to commence with each phase; Packet Page -240- 5/24/2011 Item 11.A. h. The environmental impact of the proposed business; 11 A P P P i. The impact that the proposed business would have on existed businesses and employment within Collier County; j. Whether the proposed business will utilize local sources of supply; k. Whether the proposed business is expected to employ current County residents; 1. Whether the proposed business is expected to attract other employers to Collier County; m. The current economic climate of the County, including the unemployment rate and housing vacancy rate; n. Whether the proposed relocation or expansion would occur without the award; o. Whether the proposed business can be serviced by existing mass transit; p. The impact to County Government revenues projected by the business and by the increase in employment; q. The impact to County Government costs in providing services and infrastructure to the proposed business and projected employment; and r. Other such factors that the Board may deem relevant in evaluating the merits of the application. Applications for grants and other incentives that do not fall within existing programs will be evaluated utilizing the criteria set forth above. Section 49 -12 Waiver. With respect to all economic development ordinances previously enacted by the Board of County Commissioners, which are codified in Chapter 49 of the Collier County Code of Laws and Ordinances, and unless otherwise set forth to the contrary, with respect to all economic development ordinances to be enacted hereafter, such ordinances and the programs set forth therein are to be liberally construed, and that upon the finding of good cause show, utilizing the criteria set forth in Section 49 -11, the Board may lessen or waive any requirements set forth in such ordinances and the programs set forth therein. SECTION TWO: 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 the Ordinance is held Packet Page -241- 5/�4J2�11 Item 11.A. 11 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 THREE: 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 relettered to accomplish such, and the word 'ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2011. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney Packet Page -242- . J Municode Agenda Item #: IA Meeting Date : LJ Presented by: `�.l� r�► ►61. 1''�� Collier County, Florida, Code of Ordinances >> PART I - CODE >> Chapter 49 - ECONOMIC 11 A DEVELOPMENT >> Chapter 49 - ECONOMIC DEVELOPMENT LUZ ARTICLE I. - IN GENERAL ARTICLE 11. - FEE PAYMENT ASSISTANCE PROGRAM ARTICLE III. - JOB CREATION INVESTMENT PROGRAM ARTICLE IV. - PROPERTY TAX STIMULUS PROGRAM ARTICLE V. - ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM ARTICLE VI. - JOB RETENTION INVESTMENT PROGRAM ARTICLE VII. - INNOVATION ZONES FOOTNOTE(S): Cross reference— Impact fee regulations, § 74 -202 et seq.; taxation, ch. 126 Lgqgkj Collier County, Florida, Code of Ordinances >> PART 1- CODE >> Chapter 49 - ECONOMIC DEVELOPMENT >> ARTICLE 1. - IN GENERAL >> .... ..... _....__ .............. ......... .. ARTICLE I. - IN GENERAL ..... __. ............. Secs. 49- 1- 49 -19. - Reserved. Secs. 49- 1- 49 -19. - Reserved. Collier County, Florida, Code of Ordinances >> PART I - CODE >> Chapter 49 - ECONOMIC DEVELOPMENT >> ARTICLE 11. - FEE PAYMENT ASSISTANCE PROGRAM >> _..... ......_.. ARTICLE II. - FEE PAYMENT ASSISTANCE PROGRAM Sec. 49 -20. - Applicability. Sec. 49 -21. - Purpose Sec. 49 -22. - Specific definitions Sec. 49 -23. - Fee payment assistance program Sec. 49 -24. - Implementation Sec. 49 -25. - Program eligibility criteria Secs. 49- 26- 49 -29. - Reserved Sec. 49 -20. - Applicability. This article applies to the unincorporated area of Collier County, Florida, and to all incorporated areas of Collier County to the greatest extent authorized by Article VIII, Section 1(f) of the Florida Constitution as may be implemented by an intergovernmental or interfocal agreement. (Ord No. 03 -61, § 1. 11- 18 -03) httw //lihrary mnnicnrte onm /nrint acnv7rliantTrl -1(1G 7Q P.LIT11 fD Laa�ni�_ni�rninn• Manicode 1 l kge 2 pi 18 Sec. 49 -21. - Purpose. The purposes of this article are to: (1) provide a performance -based program offering financial relief for eligible targeted industry development or expansion projects in Collier County to mitigate the effects of rising impact fee rates; (2) provide for the economic well being of Collier County residents by providing high -wage employment opportunities in Collier County; (3) lessen the seasonal cycle of Collier County's economy; and (4) encourage investment opportunities for new or existing companies thus increasing and diversifying the county's tax base. (Ord. No. 03 -61, § 1. 11- 18 -03) Sec. 49 -22. - Specific definitions. When used in this article, the following terms have the meaning stated, unless the context clearly indicates otherwise. (1) 'Average wage" is the annual rate paid to private - sector employees within Collier County, from highest to lowest divided by number of persons employed full -time, as reported by private - sector employers in the State of Florida who are covered by federal and state unemployment compensation laws (UC), and reported annually based on figures released by the Florida Agency for Workforce Innovation. (2) "Eastern Collier County" is that area of unincorporated Collier County that includes those parcels of land immediately adjacent to, and east of, Collier Boulevard, except for those parcels designated as part of the Immokalee Rural Federal Enterprise Community. (3) 'High impact" is that designation given to qualifying economic development projects located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community. (4) "Impact fee" means the fee imposed by the county pursuant to section 74 -201 or, if applicable, the alternative impact fee. (4.1) "Jobs" are limited to individual permanent legal residents of the United States who are employed in each new created position of employment at a primary location in Collier County, and as applicable maintained, as a result of the program. (5) "Rural Federal Enterprise Community" is that jurisdiction so designated by the U.S. Department of Agriculture as a multi - jurisdictional entity including Immokalee (census tracts 112.04, 112.05, 113, 114), parts of Hendry County and the Seminole Indian Reservation; the Enterprise Community boundaries in Collier County follow the Immokalee Enterprise Zone boundaries, a designation by the State of Florida, pursuant to F.S. §§ 290.001- 290.016. (6) "Targeted industry" is one that is aggressively pursued for relocation to, or expansion within, the local jurisdiction by the Economic Development Council of Collier County. It may include, but is not limited to, the following industries: Aviation, information technology, biomedical, manufacturing, corporate headquarters, research and development, wholesale trade and distribution, and businesses locating or expanding within the Immokalee Rural Federal Enterprise Community. (Ord. No. 03 -61, § 1. 11- 18 -03; Ord. No. 2006 -36; § 1) Sec. 49 -23. - Fee payment assistance program. (a) General requirements. Pursuant to the provisions set forth in this section, the county establishes a fee payment assistance program for the payment of impact fees for eligible development projects. The fee payment assistance program will be eligible to projects located within commercial, industrial, business park, and technology park land uses. (1) Application process. Any business seeking eligibility for payment through the fee payment assistance program must file with the county manager an application for payment prior to making the decision to locate or expand within Collier County. The application must contain the following: a. The name and address of the business owner; and b. A current and complete legal description of the site upon which the project is proposed to be located; and C. The type of business proposed, using Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS); and d. The number of jobs to be created and retained as a result of the project; and e. The average wage of those jobs created and retained; and f. The total capital investment of the expansion or relocation project including land, building, and equipment costs; and (2) g. The date (month and year) when the project will be substantially complete. httn• / /Iihrnry ml In; onll,- nnm/nrin♦ non- 9- 1:or41 Tl- 1nC70D- T111rx f 1__- .__a_/_�._ni, ni minn• Municode 1 P19A of 18 Agreement. If the proposed project meets the requirements for payment under the fee payment assistance program as set forth in this article, the county manager is authorized to enter into an agreement with the business owner as set forth below. The fee payment assistance program will pay no more than the amount of impact fees due pursuant to section 74 -202 of the Collier County Laws and Ordinances. (Ord. No. 03 -61, § 11 11- 18 -03; Ord. No. 04 -45. § 1; Ord, No. 2005 -30, § 1) ................... . Sec. 49 -24. - Implementation. (a) Under this fee payment assistance program the eligible business will pay its tax bill in full to the tax collector's office annually, on or before the date it is due. The program obligation period will be no longer than ten years if the project is located outside the rural federal enterprise community (hereinafter "enterprise community"), or no longer than 15 years if the project is located within the enterprise community. Companies located in a high impact area, that is an area outside the enterprise community and eastern Collier County, must be pre- approved for program participation by the board of county commissioners and, if so approved, are obligated to this program for a maximum of ten years. Companies will be eligible for an incentive award which will be calculated by multiplying the above - described total capital investment by the current millage rate then multiplied by either ten (projects located in areas outside the enterprise community) or 15 (projects located within the enterprise community). The incentive award may not exceed the dollar amount of the impact fees due for the project. Any payment made under this program is subject to funding availability. A development project participating in the fee payment assistance program is not eligible to also participate in the property tax stimulus program or the charitable organization waiver program that may be offered by the county. Companies will be eligible for an incentive award which will be calculated by multiplying the above - described total capital investment by the current millage rate then multiplied by either ten (projects located in areas outside the enterprise community) or 15 (projects located within the enterprise community). The incentive award may not exceed the dollar amount of the impact fees due for the project. Any payment made under this program is subject to funding availability. A development project participating in the fee payment assistance program is not eligible to also participate in the property tax stimulus program that may be offered by the county. (b) The eligible business under the fee payment assistance program will enter into a fee payment assistance program agreement (the agreement) with the county, and the agreement must provide for, as a minimum, the following and will include such provisions as may be deemed necessary by the Board to effectuate the provisions of this article: (1) The legal description of the development. (2) That the amount of the impact fees paid by the program will in all events become due and payable and shall be immediately re -paid to the county by the property owner if the property is sold or transferred without prior written approval from the county at any time after the first certificate of occupancy has been issued for the development and prior to the ten -year obligation period, or prior to the 15 -year obligation period for a project within an enterprise community, and the impact fees must be paid in full to the county. Any outstanding (i.e., as yet not repaid) impact fee amounts previously paid under this program will become due and payable and must then be immediately repaid to the county in the event of sale or transfer prior to expiration of the program obligation period. If not so repaid, the obligation will be a lien on the property under the following subsection. (3) The payment of impact fees via the fee payment assistance program will constitute a lien on the eligible business's property which lien may be foreclosed upon in the event of non - compliance with the requirements of the agreement. The amount specified in an approved agreement will serve as the amount of a lien against the development and the real property upon which the development is located. Neither the payment of impact fees, nor the agreement providing for the payment of impact fees, may be transferred, assigned, credited or otherwise conveyed from the property without prior written approval from the county. (4) The county's interest may be subordinated to all first mortgages or other co -equal security interests, and will automatically be subordinate to the owner's previously recorded first mortgage and /or any government funded affordable business loan such as the U.S. Small Business Administration (SBA) or the U.S. Department of Agriculture (USDA) loan. (5) Upon satisfactory completion of all requirements of the agreement, the county may record any necessary documentation evidencing same, including, but not limited to, a release of lien. The lien will not terminate except upon the recording of a release or satisfaction of lien in the public records of Collier County. Such release will be recorded upon payment in full or satisfaction. (6) In the event the non -county party is in default under the agreement, and the default is not cured within 30 days after written notice is provided to the owner, the Board may bring a civil action to enforce the agreement or declare that program's payment of the impact fees not yet recouped and previously paid under this program are thence immediately due and payable. The Board is entitled to recover all fees and costs, including attorney's fees and costs, incurred by the county 1TttD: / /1ibrarv.mrtnicnde enm /print acnv7rliantTTl -1 nG 7S2R.T7T1� TAo ,,. , +- 1.�..oi oi�m�nn! c , Monicode �i,q,d in enforcing the agreement, plus interest at the then maximum statutory rate for final judgments, calculated on a calendar day basis until paid. (7) Approved agreements will be recorded in the official records of Collier County at no cost to the county. (c) Termination. The provisions of this article will expire and be void on October 1, 2013, unless continued by a resolution of the Board of County Commission prior to this date. (Ord. No. 03 -61, § 1; 11- 18 -03; Ord. No. 04 -45; § 2. Ord, No. 2005 -30, § 2, Ord. No. 2008 -46. § 1, 9 -9 -08) Sec. 49 -25. - Program eligibility criteria. To be considered eligible for approval under this program, a business or project must meet the criteria of one of the following categories: (1) Be located within Eastern Collier County and meet the following criteria: a. Type of business conducted is within the targeted industry list of the Economic Development Council of Collier County; and b. Creates a minimum of ten new full -time jobs; and C. The newly created jobs pay an average wage of at least 115 percent of the County's current private - sector average wage. (2) Be located within the boundary of the Immokalee Rural Federal Enterprise Community and meet the following criteria: a. Create a minimum of five new jobs; and b. The newly created jobs pay an average wage equal to or greater than 50 percent of the county's current private- sector average wage. (3) Be located within the boundary of the Immokalee Community Redevelopment Area and meet the following criteria: a. Create a minimum of five new job; and b. The newly created jobs pay an average wage equal to or greater than 50 percent of the county's current private- sector average wage. (4) Be a high impact project and be located outside the enterprise community and Eastern Collier County and meet the following criteria: a. Type of business conducted is within the targeted industry list of the Economic Development Council of Collier County; and b. Creates a minimum of 20 new full -time jobs; and C. The newly created jobs pay an average wage equal to or greater than 150 percent of the county's current private - sector average wage. d. Each application for program participation must have approval by the Board of County Commissioners. (5) An existing targeted industry company expanding within Collier County may include the wages of the existing jobs and the newly created jobs to calculate the average wage for the purpose of qualifying for the Fee Payment Assistance Program. (Ord. No. 03 -61. § 1. 11- 18 -03. Ord No. 04 -24, § 2, Ord. No. 2008 -25, § 1) Secs. 49- 26- 49 -29. - Reserved. Collier County, Florida, Code of Ordinances >> PART I - CODE >> Chapter 49 - ECONOMIC DEVELOPMENT >> ARTICLE III. - JOB CREATION INVESTMENT PROGRAM >> ........... ARTICLE III. - JOB CREATION INVESTMENT PROGRAM Sec. 49 -30. - Applicability. Sec. 49-3l..- Purpose. Sec 49 -32. - Specific definitions Sec. 49 -33. - Job creation investment program Sec. 49 -34. - Implementation. Sec. 49 -35. - Program eligibility criteria Secs. 49- 36- 49 -39. - Reserved httn- //I ihrnry mim;onrtP r- nm/nrint �0.,.,7,.1ic +Tn -1 01C70 9- 1 T'r1k 4n - ___ - n,, n,n,... --. Municode 11A gS of 18 , , Sec. 49 -30. - Applicability. This article applies to the unincorporated area of Collier County, Florida, and to all incorporated areas of Collier County to the greatest extent authorized by Article VIII, Section 1(f) of the Florida Constitution as may be implemented by an intergovernmental or intedocal agreement. (Ord. No. 03 -60, § 1; 11- 18 -03) Sec. 49 -31. - Purpose. The purposes of this article are to: (1) provide a performance -based program offering financial relief for eligible targeted industry development or expansion projects in Collier County to mitigate the effects of rising fees, along with escalating relocation and expansion costs, associated with these projects; (2) provide for the economic well being of Collier County residents by providing high -wage employment opportunities in Collier County; (3) lessen the sona ounty's economy; and (4) encourage investment opportunities for new or existing businesses thus increasing and diversifying the county's tax base. (Ord. No. 03 -60. § 1, 11- 18 -03) Sec. 49 -32. - Specific definitions. When used in this article, the following terms have the meaning stated, unless the context clearly indicates otherwise: (1) "Average wage" is the annual rate paid to private - sector employees within Collier County, from highest pay rate to lowest pay rate divided by number of persons employed full -time, as reported by private- sector employers in the State of Florida who are covered by federal andetate unemployment compensation laws (UC), and reported annually based on figures released by the Florida Agency for Workforce Innovation. (2) "Eastern Collier County" is that area of unincorporated Collier County that includes those parcels of land immediately adjacent to, and east of, Collier Boulevard, except for those parcels designated as part of the Immokalee Rural Federal Enterprise Community. (3) 'High impact" is that designation given to qualifying economic development projects located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community. (3.1) "Jobs" are limited to individual permanent legal residents of the United States who are employed in each new created position of employment at a primary location in Collier County, and as applicable maintained, as a result of the program. (4) "Rural Federal Enterprise Community" is that jurisdiction so designated by the U.S. Department of Agriculture as a multi - jurisdictional entity including Immokalee (census tracts 112.04, 112.05, 113, 114), parts of Hendry County and the Seminole Indian Reservation; the Enterprise Community boundaries in Collier County follow the Immokalee Enterprise Zone boundaries, a designation by the State of Florida, pursuant to F.S. §§ 290.001 - 290.016, pursuant to F.S. §§ 290.001- 290.016. (5) "Targeted industry" is one that is aggressively pursued for relocation to, or expansion within, the local jurisdiction by the Economic Development Council of Collier County. It may include, but is not limited to the following industries: Aviation, information technology, biomedical, manufacturing, corporate headquarters, research and development, wholesale trade and distribution, and businesses locating or expanding within the Rural Federal Enterprise Community. (Ord. No. 03 -60. § 1, 11- 18 -03, Ord. No. 2006 -36; § 2) Sec. 49 -33. - Job creation investment program. (a) General requirements. Pursuant to the provisions set forth in this section, the county establishes a job creation investment program for the payment of costs associated with the relocation and /or expansion of targeted projects, including but not limited to relocation costs, company sponsored day care facilities, land improvement costs, and /or existing facility improvements. These projects may include commercial, industrial, and technology park land uses. (b) Application process. Any person seeking eligibility and payment through the job creation investment program will file with the county manager an application for payment prior to making the decision to locate or expand within Collier County. The application must contain the following: (1) The name and address of the business owner; and (2) httn- / /lihrn ray .r.,.r..,,,.,7,.--- /....... -a __n - 1- - .... -__ - . Municode II A Page 1 of 18 A current and complete legal description of the site upon which the project is proposed to be located; and (3) The type of business proposed, using Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS); and (4) The number of full -time jobs to be created and, if applicable, retained as a result of the project; and (5) The average wage of those jobs created and retained; and (6) The total capital investment of the expansion or relocation project, including land, building, and equipment costs; and (7) The date (month and year) when the new jobs will be in place. If the proposed project meets the requirements for payment under the job creation investment program as set forth in this article, the county manaaPr is authorized to ent an agreement with the business owner. After the spec"f"iea new jobs are in place within the predetermined time frslffiF, ll complete and submit to the county manager a request for funds, along with documentation that the stated jobs are in place. At the beginMng ofeac coup is I year, following the date the newly created jobs are in place and verified by the county manager, general revenue funds will be set aside under the job creation investment program. (Ord. No. 03 -60; § 1. 11- 18 -03) Sec. 49 -34. - Implementation. (a) Under this job creation investment program, the eligible company located within Eastern Collier County may be awarded $2,000.00 per new full -time job created, with a minimum of ten new full -time jobs to be created; or the eligible company may be awarded $3,000.00 per full -time job created if the project is located within the enterprise community, with a minimum of five new jobs created; or, as approved by the sole discretion of the board, a company may be awarded $2,000.00 per job created within a high impact area, with a minimum of 20 new jobs created. Any award under this program is subject to funding availability. If a company also participates in the State of Florida Qualified Targeted Industry (QTI) tax incentive program, and is approved to participate in this job creation investment program, the company will be eligible for only $1,000.00 per new job created regardless of its location within Collier County. The funds will be paid, based on the number of new full -time jobs created, in equal amounts over a three -year time period. (b) The eligible business under the job creation investment program will enter into a job creation investment program agreement (the agreement) with the county, and the agreement must provide for, as a minimum, the following and will include any provisions deemed necessary by the board to effectuate the provisions of this article: (1) The legal description of the development. (2) Neither the payment of funds, nor the agreement providing for the payment of funds, may be transferred, assigned, credited or otherwise conveyed from the property without prior written approval from the county. (3) In the event the non -county party is in default under the Agreement, and the default is not cured within 30 days after written notice is provided to the owner, the board may bring a civil action to enforce the agreement or declare that the grant funds are thence immediately due and payable. The board is entitled to recover all fees and costs, including attorney's fees and costs, incurred by the county in enforcing the agreement, plus interest at the then maximum statutory rate for final judgments, calculated on a calendar day basis until paid. (4) The agreement must be recorded in the official records of Collier County at no cost to the county. (d) Termination. The provisions of this article will expire and be void on October 1, 2013, unless continued by a resolution of the board of county commission prior to this date. (Ord. No. 03 -60, § 1, 11- 18 -03, Ord. No. 2008 -46, § 2, 9 -9 -08) Sec. 49 -35. - Program eligibility criteria. To be considered eligible for approval under this program, a business or project must meet the criteria of one of the following categories: (1) Be located within Eastern Collier County and meet the following criteria: a. Type of business conducted is within the targeted industry list of the Economic Development Council of Collier County; and b. Creates a minimum of ten new full -time jobs; and C. The newly created jobs pay an average wage of at least 115 percent of the county's current private - sector average wage. (2) Be located within the boundary of the Immokalee Rural Federal Enterprise Community and meet the following criteria: httn: / /lihrary mnnirnAP nc^ro o -TTml .rn - . r .. — M'unicode ') i 1 APage 7 of 18 a. Creates a minimum of five new full -time jobs; and b. The newly created jobs pay an average wage equal to or greater than 50 percent of the county's current private - sector average wage. (3) Be a high impact project and be located outside the enterprise community and Eastern Collier County and meet the following criteria: a. Type of business conducted is within the targeted industry list of the Economic Development Council of Collier County; and b. Creates a minimum of 20 new full -time jobs; and C. The newly created jobs pay an average wage equal to or greater than 150 percent of the county's current private - sector average wage. d. Each application for program participation must have approval by the board of county commissioners. (Ord. No. 03 -60. § 1, 11- 18 -03) Secs. 49- 36- 49 -39. - Reserved. ...._. _ ................ _ _........ . Collier County, Florida, Code of Ordinances >> PART I -'CODE >> Chapter 49 - ECONOMIC DEVELOPMENT >> ARTICLE IV. - PROPERTY TAX STIMULUS PROGRAM >> ARTICLE IV. - PROPERTY TAX STIMULUS PROGRAM Sec. 49 -40. - Applicability. Sec. 49-41. - Purpose. Sec. 49 -42. - Specific definitions. Sec. 49 -43. - Property tax stimulus program Sec. 49 -44. - Implementation. Sec. 49 -45. - Program eligibility criteria. Secs. 49- 46- 49 -49. - Reserved. Sec. 49 -40. - Applicability. This article applies to the unincorporated area of Collier County, Florida, and to all incorporated areas of Collier County to the greatest extent authorized by Article VIII, Section 1(f) of the Florida Constitution as may be implemented by an intergovernmental or interlocal agreement. (Ord. No. 03 -62; § 1, 11- 18 -03) Sec. 49 -41. - Purpose. The purpose of this article is to: (1) provide a performance -based program offering financial assistance for eligible targeted industry development or expansion projects in Collier County to mitigate the effects of rising costs associated with these projects; (2) provide for the economic well being of Collier County residents by providing high -wage employment opportunities in Collier County; (3) lessen the seasonal cycle of Collier County's economy; and (4) encourage investment opportunities for new or existing companies thus increasing and diversifying the County's tax base. (Ord. No. 03 -62, § 1; 11- 18 -03) Sec. 49 -42. - Specific definitions. When used in this article, the following terms have the meanings below, unless the context clearly indicates otherwise: (1) 'Average wage" is the annual rate paid to private- sector employees within Collier County, from highest to lowest divided by number of persons employed full -time, as reported by private - sector employers in the State of Florida who are covered by federal and state unemployment compensation laws (UC), and reported annually based on figures released by the Florida Agency for Workforce Innovation. httn- / /lihrary mimionrip onm /nrint no „.,7,.1i, 47y_%_tnc -7o o_rr, -..� 1 funicode A Pa�e�,8 of 18 4 (2) " Eastem Collier County" is that area of unincorporated Collier County that includes those parcels of land immediately adjacent to, and east of, Collier Boulevard, except for those parcels designated as part of the Immokalee Rural Federal Enterprise Community. (3) "High impact" is that designation given to qualifying economic development projects located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community. (3.1) "Jobs" are limited to individual permanent legal residents of the United States who are employed in each new created position of employment at a primary location in Collier County, and as applicable maintained, as a result of the program. (4) 'Rural Federal Enterprise Community" is that jurisdiction so designated by the U.S. Department of Agriculture as a multi - jurisdictional entity including Immokalee (census tracts 112.04, 112.05, 113, 114), parts of Hendry County and the Seminole Indian Reservation; the Enterprise Community boundaries in Collier County follow the Immokalee Enterprise Zone boundaries, a designation by the State of Florida, pursuant to F.S. §§ 290.001- 290.016. (5) 'Targeted industry" is one that is aggressively pursued for relocation to, or expansion within, the local jurisdiction by the Economic Development Council of Collier County. It may include, but is not limited to the following industries: Aviation, information, technology, biomedical, manufacturing, corporate headquarters, research and development, wholesale trade and distribution, and companies locating or expanding within the Immokalee Rural Federal Enterprise Community. (Ord. No. 03-62, § 1, 11- 18 -03; Ord. No. 2006 -36, § 3) Sec. 49 -43. - Property tax stimulus program. (a) General requirements. Pursuant to the provisions set forth in this section, the county establishes a property tax stimulus program providing payments (hereinafter the "payment') to offset the costs associated with the relocation and /or expansion of targeted industries. The payment is a local option economic incentive for new or expanding businesses that may be approved at the sole discretion of the board subject to the criteria for such projects set forth below. The payments shall not accrue to improvements to real property made by or for the use of new or expanding businesses when such improvements have been assessed and included on the tax rolls of the calendar year preceding the effective date of the agreement specifically approving the business as eligible, as provided in section 49 -44 herein. (1) Application process. Any business owner seeking eligibility through the property tax stimulus program (program) will file an application with the county manager requesting participation in the program. The application will be filed prior to the business owner making the decision to locate or expand within Collier County. The application must contain the following: a. The name and address of the business owner; and b. A current and complete legal description of the site upon which the project is proposed to be located; and C. The type of business proposed, using Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS); and d. The number of jobs to be created and retained as a result of the project; and e. The average wage of those jobs created and retained; and f. The total capital investment of the expansion or relocation project, including land, building, and equipment costs; and g. The date (month and year) when the project will be substantially complete. (2) Agreement. If the proposed project meets the requirements under the program as set forth in this article, the board may choose to approve participation by, and make payments to, a new or expanding business. No precedent shall be implied or inferred by such payments when made to a new or expanding business. Applications for participation will be considered by the board on a case -by -case basis for each application. (Ord. No 03 -62, § 17 11- 18 -03) Sec. 49 -44. - Implementation. (a) The eligible business will notify the county manager, in writing, when all of their employment obligations are met in year one and, in subsequent years, that their employment base is still viable, which is then verified by the county manager. The company will pay its tax bill in full to the tax collector's office annually on or before the date it is due. Under this program, applicants are not eligible to pay their taxes on an installment basis. The applicant will then submit a copy of their ad valorem property tax payment receipt to the county manager verifying all taxes have been paid in full and on time. Upon receipt, and verification of compliance with the terms of this article and corresponding approved agreement, payment to the applicant will be authorized within 60 days. (b) httmHlibrarv.muni code - r.nm /nrint a¢ny9i-14- ndTl -1 W;'7f V U'PA AD I , 1 Municode 1 I .1ge 9 of 18 No payment will be authorized for improvements to real property made or tangible personal property added before the board approves an initial agreement granting such payment, Additionally, payment will only be made based upon the amount of ad valorem taxes levied by the county, and then paid by the eligible business. The payment amount will not include the amount of any taxes or special assessments levied by a municipality, school district, or water management district, or to such taxes or special assessments levied for the payment of bonds or taxes authorized by a vote of the electors pursuant to Section 9 and Section 12, Article VII of the State Constitution. A project participating in the property tax stimulus program is not eligible to also participate in the fee payment assistance program that may be offered by the county. (c) Under this program, any payment approved may apply to 100 percent of the assessed value of all improvements to real property made by, or for the use of, a new business and of all tangible personal property of such new business, or up to 100 percent of the assessed value of all added improvements to real property made to facilitate the expansion of an existing business, and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business. The payment period may be up to ten years from the date of issuance of the first certificate of occupancy for a building occupied by an eligible business. (d) All approved businesses under the property tax stimulus program will enter into a property tax stimulus program agreement (the agreement) with the county, and the agreement must provide for, at a minimum, the following and will include such provisions deemed necessary by the board to effectuate the provisions of this article: (1) The legal description of the project. (2) Neither the requirement for payment of ad valorem property taxes, nor the agreement providing for the payment of such taxes, may be transferred, assigned, credited, or otherwise conveyed separate from the property without prior written approval from the county. (3) Approved agreements will run with the land, and will be recorded in the official records of Collier County at no cost to the county. (e) If the property which is subject to an approved agreement is delinquent in the payment of its annual taxes or special assessments at any time within the payment period, then any outstanding balance otherwise eligible to be paid under this program will not be made unless and until all outstanding ad valorem property taxes and special assessments are paid in full (f) Termination. The provisions of this article will expire and be void on October 1, 2013, unless continued by a resolution of the board of county commission prior to this date criteria. (Ord. No. 03 -62, § 1. 11- 18 -03; Ord. No. 2008 -46, § 3, 9 -9 -08) Sec. 49 -45. - Program eligibility criteria. To be considered eligible for approval under this program, a business or project must meet the criteria of one of the following categories: (1) Be located within Eastern Collier County and meet the following criteria: a. Type of business conducted is within the targeted industry list of the Economic Development Council of Collier County; and b. Creates a minimum of ten new full -time jobs; and C. The newly created jobs pay an average wage of at least 115 percent of the county's current private - sector average wage. (2) Be located within the boundary of the Immokalee Rural Federal Enterprise Community and meet the following criteria: a. Create a minimum of five new jobs; and b. The newly created jobs pay an average wage equal to or greater than 50 percent of the county's current private - sector average wage. (3) Be located within the boundary of the Immokalee Community Redevelopment Area and meet the following criteria: a. Create a minimum of five new job; and b. The newly created jobs pay an average wage equal to or greater than 50 percent of the county's current private- sector average wage. (4) Be a high impact project and be located outside the enterprise community and Eastern Collier County and meet the following criteria: a. Type of business conducted is within the targeted industry list of the Economic Development Council of Collier County; and b. Creates a minimum of 20 new full -time jobs; and C. The newly created jobs pay an average wage equal to or greater than 150 percent of the county's current private- sector average wage. (Ord. No 03 -62, § 1, 11- 18 -03; Ord. No. 04 -24. § 3) httn- / /Iihrary mnnirndi- rnm /r%rint -- +Tr-%_t nc-ro o_r r rT, Xn - - . , .. t r Iiia�r Cra rrty lvrida, fade of Ordinances PART # - GC?DE Chapter 49 - ONOMIG DEVELOPMENT Ai TIC*lw fII, JGl3 CREATION INVESTMENT PROGRAM - ARTICLE III. - JOB CREATION INVESTMENT PROGRAM 11A Sec. 49 -30. - Applicability. Agenda Item #: r Meeting Date : S ol'�lf Sec. 49 -31. - Purpose. Sec 49 -32. - Specific definitions. Presented by. �Qot'S?►� �c�\ Sec 49 -33 - Job creation investment program Sec 49 -34. - Implementation. Sec 49 -35 - Program eligibility criteria. Secs. 49- 36- 49 -39. - Reserved. Sec. 49 -30. - Applicability. This article applies to the unincorporated area of Collier County, Florida, and to all incorporated areas of Collier County to the greatest extent authorized by Article VIII, Section 1(f) of the Florida Constitution as may be implemented by an intergovernmental or interlocal agreement. Sec. 49 -31. - Purpose. The purposes of this article are to: (1) provide a performance -based program offering financial relief for eligible targeted industry development or expansion projects in Collier County to mitigate the effects of rising fees, along with escalating relocation and expansion costs, associated with these projects; (2) provide for the economic well being of Collier County residents by providing high -wage employment opportunities in Collier County; (3) lessen the seasonal cycle of Collier County's economy; and (4) encourage investment opportunities for new or existing businesses thus increasing and diversifying the county's tax base. Sec. 49 -32. - Specific definitions. When used in this article, the following terms have the meaning stated, unless the context clearly indicates otherwise: (1) "Average wage" is the annual rate paid to private- sector employees within Collier County, from highest pay rate to lowest pay rate divided by number of persons employed full -time, as reported by private- sector employers in the State of Florida who are covered by federal and state unemployment compensation laws (UC), and reported annually based on figures released by the Florida Agency for Workforce Innovation. (2) "Eastern Collier County" is that area of unincorporated Collier County that includes those parcels of land immediately adjacent to, and east of, Collier Boulevard, except for those parcels designated as part of the Immokalee Rural Federal Enterprise Community. (3) "High impact" is that designation given to qualifying economic development projects located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community. (3.1) "Jobs" are limited to individual permanent legal residents of the United States who are employed in each new created position of employment at a primary location in Collier County, and as applicable maintained, as a result of the program. (4) "Rural Federal Enterprise Community is that jurisdiction so designated by the U.S. Department of Agriculture as a multi - jurisdictional entity including Immokalee (census tracts 112.04, 112.05, 113, 114), parts of Hendry County and the Seminole Indian Reservation; the Enterprise Community boundaries in Collier County follow the Immokalee Enterprise Zone boundaries, a designation by the State of Florida, pursuant to F.S. §§ 290.001- 290.016, pursuant to F.S. §§ 290.001- 290.016. (5) "Targeted industry" is one that is aggressively pursued for relocation to, or expansion within, the local jurisdiction by the Economic Development Council of Collier County. It may include, but is not limited to the following industries: Aviation, information technology, biomedical, manufacturing, corporate headquarters, research and development, wholesale trade and distribution, and businesses locating or expanding within the Rural Federal Enterprise Community. Sec 49 -33 - Job creation investment program. 11A (a) General requirements. Pursuant to the provisions set forth in this section, the county establishes a job creation investment program for the payment of costs associated with the relocation and /or expansion of targeted projects, including but not limited to relocation costs, company sponsored day care facilities, land improvement costs, and /or existing facility improvements. These projects may include commercial, industrial, and technology park land uses. (b) Application process. Any person seeking eligibility and payment through the job creation investment program will file with the county manager an application for payment prior to making the decision to locate or expand within Collier County. The application must contain the following: (1) The name and address of the business owner; and (2) A current and complete legal description of the site upon which the project is proposed to be located; and (3) The type of business proposed, using Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS); and (4) The number of full -time jobs to be created and, if applicable, retained as a result of the project; and (5) The average wage of those jobs created and retained; and (6) The total capital investment of the expansion or relocation project, including land, building, and equipment costs; and (7) The date (month and year) when the new jobs will be in place. If the proposed project meets the requirements for payment under the job creation investment program as set forth in this article, the county manager is authorized to enter into an agreement with the business owner. After the specified new jobs are in place within the predetermined time frame, the company will complete and submit to the county manager a request for funds, along with documentation that the stated jobs are in place. At the beginning of each county fiscal year, following the date the newly created jobs are in place and verified by the county manager, general revenue funds will be set aside under the job creation investment program. Sec. 49 -34. - Implementation. (a) (b) Under this job creation investment program, the eligible company located within Eastern Collier County may be awarded $2,000.00 per new full -time job created, with a minimum of ten new full -time jobs to be created; or the eligible company may be awarded $3,000.00 per full -time job created if the project is located within the enterprise community, with a minimum of five new jobs created; or, as approved by the sole discretion of the board, a company may be awarded $2,000.00 per job created within a high impact area, with a minimum of 20 new jobs created. Any award under this program is subject to funding availability. If a company also participates in the State of Florida Qualified Targeted Industry (QTI) tax incentive program, and is approved to participate in this job creation investment program, the company will be eligible for only $1,000.00 per new job created regardless of its location within Collier County. The funds will be paid, based on the number of new full -time jobs created, in equal amounts over a three -year time period. The eligible business under the job creation investment program will enter into a job creation investment program agreement (the agreement) with the county, and the agreement must provide for, as a minimum, the following and will include any provisions deemed necessary by the board to effectuate the provisions of this article: (1) The legal description of the development. (2) (3) (4) Neither the payment of funds, nor the agreement providing for the payment of funds, may be transferred, assigned, credited or otherwise conveyed from the property without prior written approval from the county. In the event the non -county party is in default under the Agreement, and the default is not cured within 30 days after written notice is provided to the owner, the board may bring a civil action to enforce the agreement or declare that the grant funds are thence immediately due and payable. The board is entitled to recover all fees and costs, including attorney's fees and costs, incurred by the county in enforcing the agreement, plus interest at the then maximum statutory rate for final judgments, calculated on a calendar day basis until paid. The agreement must be recorded in the official records of Collier County at no cost to the county. (d) Termination. The provisions of this article will expire and be void on October 1, 2013, unless continued by a resolution of the board of county commission prior to this date. N t <_r,0, ? ' ,, f ,,3, ( No. 2008 46, y g tl i 1 A Sec. 49 -35. - Program eligibility criteria. To be considered eligible for approval under this program, a business or project must meet the criteria of one of the following categories: (1) Be located within Eastern Collier County and meet the following criteria: a. Type of business conducted is within the targeted industry list of the Economic Development Council of Collier County; and b. C. (2) (3) Creates a minimum of ten new full -time jobs; and The newly created jobs pay an average wage of at least 115 percent of the county's current private- sector average wage. Be located within the boundary of the Immokalee Rural Federal Enterprise Community and meet the following criteria: a. Creates a minimum of five new full -time jobs; and b. The newly created jobs pay an average wage equal to or greater than 50 percent of the county's current private- sector average wage. Be a high impact project and be located outside the enterprise community and Eastern Collier County and meet the following criteria: a. Type of business conducted is within the targeted industry list of the Economic Development Council of Collier County; and b. C. Creates a minimum of 20 new full -time jobs; and The newly created jobs pay an average wage equal to or greater than 150 percent of the county's current private- sector average wage. d. Each application for program participation must have approval by the board of county commissioners. Secs. 49- 36- 49 -39. - Reserved. Municode Secs. 49- 46- 49-49. - Reserved. Agenda Item It $4 Meeting Da' .e Presented by:f ��o►� �� — Collier County, Florida, Code of Ordinances >> PART I - CODE >> Chapter 49 - ECONOMIC DEVELOPMENT >> ARTICLE V. - ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM >> ARTICLE V. - ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM u Sec. 49 -50. - Applicability. Sec. 49 -51. - Purpose. Sec. 49 -52. - Specific definitions. Sec. 49 -53. - Advanced broadband infrastructure investment program Sec. 49 -54. - Implementation. Sec. 49 -55. - Program eligibility criteria Secs. 49- 56-49 -59. - Reserved. Sec. 49 -50. - Applicability. This article applies to the unincorporated area of Collier County, Florida, and to all incorporated areas of Collier County to the greatest extent authorized by Article VIII, Section 1(f) of the Florida Constitution as may be implemented by an intergovernmental or interlocal agreement. (Ord. No. 2005 -56, § 1) Sec. 49 -51. - Purpose. The purpose of this article is to: (1) Establish an advanced broadband infrastructure investment program for the purpose of enhancing Collier County's economic diversification efforts; (2) Provide for the economic well being of Collier County residents by providing better opportunities for high -wage employment in Collier County; (3) Lessen the seasonal cycle of Collier County's economy; and (4) Encourage investment opportunities for new or existing companies thus increasing and diversifying the county's tax base. (Ord. No. 2005 -56, § 1) Sec. 49 -52. - Specific definitions. When used in this article, the following terms have the meaning stated, unless the context clearly indicates otherwise: 'Advanced broadband infrastructure" means the components of network architecture consisting of physical cable plant and /or a wireless technology platform and associated customer premise end equipment (CPE) and structured wiring required to support broadband data transfer, which can provide mechanisms for providing specified quality of service (QoS) levels specified by the end user. "Average wage" is the annual rate paid to private- sector employees within Collier County, from highest to lowest divided by number of persons employed full -time, as reported by private- sector employers in the State of Florida who are covered by federal and state unemployment compensation laws (UC), and reported annually based on figures released by the Florida Agency for Workforce Innovation. "Broadband" means high speed digital data rate transfer typically associated with digital data rates of ten megabits per second and higher; broadband is capable of accommodating all media, including voice, data, and video transfer. httn- / /Iihrary mnnirnda onm /.,rint n -1 nc-ro o -T Y P% x" _ i , Municode 1 1 P * 11 of M "Customer premise equipment (CPE)" means the electronic equipment located on the premises of the end user required to support advanced broadband services. "Eastem Collier County" is that area of unincorporated Collier County that includes those parcels of land immediately adjacent to, and east of, Collier Boulevard, except for those parcels designated as part of the Immokalee Rural Federal Enterprise Community. "High impact" is that designation given to qualifying economic development projects located outside of Eastern Collier County and the Immokalee Rural Federal Enterprise Community. "Jobs" are limited to individual permanent legal residents of the United States who are employed in each new created position of employment at a primary location in Collier County, and as applicable maintained, as a result of the program. "Quality of service (QoS)" means those requirements which are determined by applications employed by the end user. "Rural Federal Enterprise Community" is that jurisdiction so designated by the U.S. Department of Agriculture as a multi - jurisdictional entity including Immokalee (census tracts 112.04, 112.05, 113, 114), parts of Hendry County and the Seminole Indian Reservation; the Enterprise Community boundaries in Collier County follow the Immokalee Enterprise Zone boundaries, a designation by the State of Florida, pursuant to F.S. §§ 290.001 - 290.016. "Structured wiring" means the cable network located within a customer's premises that is required to deliver advanced broadband services. "Targeted industry" is one that is aggressively pursued for relocation to, or expansion within, the local jurisdiction by the Economic Development Council of Collier County. It may include, but is not limited to the following industries: aviation, information, technology, biomedical, manufacturing, corporate headquarters, research and development, wholesale trade and distribution, and companies locating or expanding within the Immokalee Rural Federal Enterprise Community. (Ord. No 2005 -56; § 1: Ord. No. 2006 -36, § 4) ......._ .. ............._........._.._._.. . Sec. 49 -53. - Advanced broadband infrastructure investment program. (a) General requirements. Pursuant to the provisions set forth in this section, the county establishes an advanced broadband infrastructure investment program providing payments (hereinafter the "payment') to offset the costs associated with the installation or upgrade of advanced broadband infrastructure in commercial and industrial buildings to encourage the relocation and /or expansion of high -wage targeted industries. The payment is a local option economic incentive for new or upgraded advanced broadband infrastructure projects that may be approved at the sole discretion of the board. (1) Application process. Any business owner seeking eligibility through the advanced broadband infrastructure investment program will file an application with the county manager requesting participation in the program. The application will be filed prior to the business owner making the decision to invest in the advanced broadband infrastructure. The application must contain the following: a. The name and address of the business owner; and b. A current and complete legal description of the site upon which the project is proposed to be located; and C. The type of business proposed, using Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS); and d. The total cost incurred by the business to enable broadband services, including but not limited to: 1) charges assessed by the service provider for establishing and /or extending the service provider's broadband infrastructure, and 2) customer premise equipment and structured wiring required to support broadband services; and e. The date (month and year) when the project will be substantially complete; and f. The number of full -time employee positions to be created and retained as a result of the project; and g. The average wage of those positions created and retained; and h. The total capital investment of the expansion or relocation project, including land, building and equipment costs. (2) Agreement. If the proposed project meets the requirements under the advanced broadband infrastructure investment program as set forth in this article, the board may approve an agreement granting participation by, and payments to, a business owner. No precedent is to be httn• / /lihrnni mnn;,nA. --- /.... + i nc-ro n TT. Municode 11g2 of 18 implied or inferred by such payments to a new or expanding business. Applications for participation will be considered by the board on a case -by -case basis for each application. (Ord. No. 2005 -56, § 1) Sec. 49 -54. - Implementation. (a) The total value of payments to be approved under this advanced broadband infrastructure investment program will be the cost of the eligible business project's system installation or upgrade, up to a maximum of $25,000.00. The business is eligible to be paid an amount not to exceed $8,400.00 per year, beginning in the fiscal year after the infrastructure improvements have been verified as complete by the county manager. (b) The eligible business will notify the county manager, in writing, once the broadband infrastructure installation is complete. The county manager will verify project completeness and obtain a copy of all invoices detailing costs related to such project. The business will pay, or have already paid, its tax bill in full to the tax collector's office annually on or before the date it is finally due. Under this program, applicants are not eligible to pay their taxes on an installment basis. The applicant will then submit a copy of their ad valorem tax payment receipt to the county manager verifying all taxes have been paid in full and on time for each year the company is eligible for payment under this program. Upon receipt, and verification of compliance with the terms of this article and corresponding approved agreement, payment to the applicant will be authorized within 60 days. (c) Improvements to real property made before the board approves the initial application described above will not be eligible for payment. Additionally, payment will only be based upon the amount of broadband infrastructure expenditures, as set forth above. (d) The eligible business under the advanced broadband infrastructure investment program must enter into an advanced broadband infrastructure investment program agreement (the agreement) with the county, and the agreement must provide for, at a minimum, the following and include any provisions deemed necessary by the board to effectuate the provisions of this article: r, (1) The legal description of the projector development. (2) Neither the requirement for payment nor the agreement providing for such payment, may be transferred, assigned, credited, or otherwise conveyed separate from the property without prior written approval from the county. Approved agreements will run with the land. (3) Approved agreements must be recorded in the official records of Collier County at no cost to the county. (e) If the property which is subject to an approved agreement is delinquent in the payment of its annual taxes or special assessments at any time within the payment period, then any outstanding balance to be paid under this advanced broadband infrastructure investment program will not be made unless and until all outstanding ad valorem property taxes and special assessments are paid in full. (� Termination. The provisions of this article will expire and be void on October 1, 2013, unless continued by a resolution of the board of county commission prior to this date. (Ord No. 2005 -56, § 1; Ord. No. 2008 -46, § 4, 9 -9 -08) Sec. 49 -55. - Program eligibility criteria. To be considered eligible for approval under this program, a business or project must meet the criteria of one of the following categories: (1) Be located within Eastern Collier County and meet the following criteria: a• Type of business conducted is within the targeted industry list of the Economic Development Council of Collier County; and b. Creates a minimum of ten new full -time employee positions; and C. The newly created positions pay an average wage of at least 115 percent of the county's current private - sector average wage. (2) Be located within the boundary of the Immokalee Rural Federal Enterprise Community and meet the following criteria: a. Create a minimum of five new full -time employee positions; and b. The newly created positions pay an average wage equal to or greater than 50 percent of the county's current private- sector average wage. (3) Be located within the boundary of the Immokalee Community Redevelopment Area and meet the following criteria: a. Create a minimum of five new full -time employee positions; and b. The newly created positions pay an average wage equal to or greater than 50 percent of the county's current private - sector average wage. (4) h ttn:// lihrarv. mnnicnriPrnm/ nrint - ,.,,,.,... Municode P1gell 3Af 18 " `7 Be a high impact project and be located outside the enterprise community and Eastern Collier County and meet the following criteria: a. Type of business conducted is within the targeted industry list of the Economic Development Council of Collier County; and b. Creates a minimum of 20 new full -time employee positions; and C. The newly created positions pay an average wage equal to or greater than 150 percent of the county's current private - sector average wage; and d. Each application for program participation must have approval by the board of county commissioners. (Ord. No. 2005 -56, § 2) Secs. 49- 56- 49 -59. - Reserved. FOOTNOTE(S): Editor's note— Ord. No. 2005 -56, §§ 1 and 2, adopted Nov. 1, 2005, amended art. V in its entirety to read as herein set out. Formerly, said article pertained to similar subject matter as enacted by § 1 of Ord. No. 03 -59. Lgack Collier County, Florida, Code of Ordinances >> PART I - CODE >> Chapter 49 - ECONOMIC DEVELOPMENT >> ARTICLE VI. - JOB RETENTION INVESTMENT PROGRAM >> ARTICLE VI. - JOB RETENTION INVESTMENT PROGRAM Sec. 49 -60. - Applicability. Sec. 49 -61. - Purpose. Sec. 49 -62. - Program eligibility criteria. Sec. 49 -63. - Job retention investment program Sec. 49 -64. - Implementation. Secs. 49- 65- 49 -89. - Reserved. Sec. 49 -60. - Applicability. This article applies to the unincorporated area of Collier County, Florida, and to all incorporated areas of Collier County to the greatest extent authorized by Article VIII, Section 1(f) of the Florida Constitution, as it may be implemented by an intergovernmental or interlocal agreement. (Ord. No. 08 -16, § 1) Sec. 49 -61. - Purpose. The purposes of this article are to: (1) provide a performance -based program offering financial incentives to eligible targeted industries in Collier County to mitigate the effects of escalating relocation and expansion costs; (2) provide for the economic well -being of Collier County residents by providing high -wage employment opportunities in Collier County; and (3) encourage investment opportunities for the expansion of existing businesses, thus increasing and diversifying the county's tax base. (Ord. No. 08 -16, § 1) Sec. 49 -62. - Program eligibility criteria. To be considered eligible under this program a company must meet all of the following criteria: (1) The company must have been operating in Collier County for a minimum of two years, and at all times be in full compliance with all applicable laws and regulations; (2) Participation in this program is limited to the following industry clusters: Aviation and Aerospace, Health and Life Sciences, Computer Software and Services, Manufacturing and Wholesale Trade and Distribution; htt„- / /lihro,, ,,,,,,,. -A- ....«.. n_u- - -aT7l_ i nr— - ...., — ... - - . - - . - - Municode Pliz If 18 .:, (3) The company must meet the criteria and participate in the State of Florida Qualified Targeted Industry (QTI) Tax Refund Program as set forth by F.S. § 288.106; (4) The average wage of the retained jobs must be at least 115 percent of the average wage for Collier County; (5) The company must retain a minimum of five jobs; and (6) A minimum of 50 percent of the company's revenue must be generated from outside of Southwest Florida (Sarasota, Lee, Charlotte, Glades, Hendry and Collier County). ("Ord. No. 08 -16. § 1) Sec. 49 -63. - Job retention investment program. (a) General requirements. Pursuant to the provisions set forth in this section, the county hereby establishes a job retention investment program to provide incentives to retain specified existing jobs in Collier County. (b) Application process. Any entity seeking eligibility and payment through the job retention investment program will file with the county manager an application for the program after receiving the approval of the Economic Development Council of Collier County as an eligible participant in the program. The application must contain the following: (1) The name and address of the business owner; (2) The complete address and legal description of the site where the business is located, or the complete address and legal description of the proposed site if the business is relocating; (3) The type of business being proposed using Standard Industrial Classification (SIC) or North American Industrial Classification System (NAICS); (4) The number of full -time jobs being created; (5) The number of full -time jobs being retained; (6) The average wage of those jobs created and retained; (7) The amount of time that the existing business has operated in Collier County; and (8) The date (month and year) when the new jobs will be in place. (Ord. No. 08 -16, § 1) _ Sec. 49 -64. - Implementation. (a) Under this job retention investment program the eligible company may be awarded $1,000.00 per existing job retained, with a minimum of five existing jobs to be retained. The company must meet the criteria and participate in the State of Florida Qualified Targeted Industry (QTI) Tax Incentive Program. (b) The eligible company under the job retention investment program will enter into a job retention agreement with Collier County, which shall be prepared by the county attorney's office consistent with this article. An annual review and audit of performance under such agreement shall be performed by the county manager or his designee, to determine whether there has been good faith compliance with the terms of the agreement. Employer shall give the county auditor full access to its business records and business premises as required to certify the retained and created jobs. If the county manager or his designee finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of any such agreement, the agreement may be revoked or unilaterally modified by the county. Employer shall be given ten business days prior written notice of any review and audit. In addition to an annual audit, within ten business days from the county's written request, the employer will provide the county with all requested documentation required to verify compliance with the terms of the ordinance or any agreement. (c) Job retention investment program funds will be paid, based on the number of existing jobs retained, in equal amounts over a three -year time period. Upon creation of the new jobs, as required by the State of Florida Qualified Targeted Industry (QTI) Tax Incentive Program, the company may submit a request to the county manager for payment of job retention investment program funds along with documentation related to the retained jobs. Such documentation shall be verified by the county prior to the release of funds. Any award under this program is subject to the availability of funding. (d) In the event that the company fails to comply with the terms of the program, including failure to qualify or maintain qualification for the State of Florida Qualified Targeted Industry (QTI) Tax Incentive Program, or any other default occurs, the default must be cured within 30 days from written notice being provided to the owner. The board is entitled to recover all fees, costs, including attorney's fees and costs, incurred by the county in enforcing the agreement, plus interest at the then maximum statutory rate for final judgments, calculated on a calendar day basis until paid. (e) The provisions of this article will expire and be void on October 1, 2013, unless continued by a vote of the board of county commissioners prior to this date. (Ord. No 08 -16, § 1) httn• / /lihrnrcr - /n., -+ 1 nC'70 0-1 1-1-16 41-� I I .. .1 Municode r1ek of 18 Secs. 49- 65- 49 -89. - Reserved. Collier County, Florida, Code of Ordinances >> PART I - CODE >> Chapter 49 - ECONOMIC DEVELOPMENT >> ARTICLE VII. - INNOVATION ZONES >> ARTICLE VII. - INNOVATION ZONES Sec. 49 -90. - Purpose. Sec. 49 -91. - Findings. Sec. 49 -92. - Definitions. Sec. 49 -93. - Creation of innovation zones and the calculation of annual tax increment amount Sec. 49 -94. - Annual funding of economic development trust fund Sec. 49 -95. - Creation of economic development trust fund for each zone Sec. 49 -96. - Pledge or appropriation of trust funds. Sec. 49 -97. - Preparation of economic development plan Sec. 49 -98. - Initial determination of a tax increment. Sec. 49-99. - Implementation. Sec. 49 -100. - Conflict and severability. Sec. 49 -90. - Purpose. It is the policy of the Board to promote economic growth which results in high wage jobs and helps diversify the economy of Collier County. To further this policy, it is the intent of the Board to create a dedicated source of revenue to fund an economic development program and to advance economic development initiatives in zones of geographic concentration within the unincorporated areas of the County. These zones, to be called Innovation Zones, will be designated by the Board from time to time through the implementation of Economic Development Plans adopted by resolution for each Innovation Zone. (Ord. No. 2010 -20. § 1) Sec. 49 -91. - Findings. It is hereby ascertained, determined and declared that: (A) The use of available Tax Increment revenues within an Innovation Zone as a dedicated economic development tool and funding source enhances the general welfare of the County through the advancement of new employment opportunities, the implementation of redevelopment initiatives, the creation of new economic development opportunities and locations and the expansion of existing employment centers. (B) Each Innovation Zone is intended to encompass a defined geographic area used to determine the Tax Increment paid and applied pursuant to ordinance, resolution or agreement within the meaning of the term "dedicated increment value" defined in F.S. § 200.001(8)(h). (C) Commencing in the Initial Tax Increment Year for each Innovation Zone, the Tax Increment calculated pursuant to Section 4 of this Ordinance is intended to be a dedicated increment value referenced in the calculation of the "rolled back rate" under the method established in F.S. § 065 (1), Florida Statutes. (Ord. No. 2010 -20. § 2) Sec. 49 -92. - Definitions. As used in this Ordinance, the following words and terms have the following meanings, unless the context otherwise requires a different definition: Aggregate Ad Valorem Millage Rate" means that millage rate obtained from the quotient of the sum of ad valorem taxes levied by the Board for countywide programs and within a municipal service taxing unit plus the ad valorem tax levied for all districts dependent to the Board divided by the total taxable value of the County, excluding Voted Millage. httD:// Iibrarv. mnnicnde. mm/ nrintSlCilY� %/`�1P1liIri— lnG %QQ.urrrn — Lu- _ni�_ninminn• .,, .. Municode Pale 16 A 18 "Aggregate Ad Valorem Taxes" means ad valorem revenue generated by a levy of the Aggregate Ad Valorem Millage Rate against the total taxable value of the County considered for any of the discrete Collier County Real Property Assessment Rolls referenced in Section 4 of this Ordinance. "Base Year Assessment Roll" means the last Collier County Real Property Assessment Roll certified by the Property Appraiser prior to the date of adoption of the Tax Increment Resolution. "Board" means the Board of County Commissioners of the County. "County" means Collier County, Florida. "County Manager" means the chief administrative officer of the County or such person's designee. "Economic Development Plan" means the economic development program referred to in Section 8 of this Ordinance established by resolution of the Board for each Zone. "Economic Development Trust Fund" or "Trust Fund" means that Trust Fund created by resolution in Section 6 of this Ordinance for each Zone for the deposit, maintenance and accounting of the Tax Increment revenues annually generated within each Zone. "Initial Tax Increment Year" means the tax year commencing October 1, 2010 or such subsequent tax year as established in the Tax Increment Resolution for the initial determination of a Tax Increment for the annual funding by the County of an Economic Development Trust Fund for a Zone. "Innovation Zone" or 'Zone" means a geographic area created by resolution pursuant to Section 4 of this Ordinance used to determine a Tax Increment to be paid into an Economic Development Trust Fund to fund the Economic Development Plan approved for each Zone. "Property Appraiser" means the Property Appraiser of the County. "Tax Increment" means the annual determination for each Zone of the tax increment revenues calculated for each Zone pursuant to the formula adopted in Section 4 of this Ordinance. "Tax Increment Resolution" means the resolution adopted by the Board pursuant to Section 9 of this Ordinance. "Voted Millage" means ad valorem taxes levied in excess of maximum millage amounts authorized by law approved for periods not longer than two years by vote of the electors pursuant to Article VII, section 9(b), Florida Constitution, or ad valorem taxes approved by the electors and levied as provided in Article VII, section 12, Florida Constitution, whether required and authorized by law, ordinance or the Florida Constitution. (Ord. No. 2010 -20, § 3) Sec. 49 -93. - Creation of innovation zones and the calculation of annual tax increment amount. (A) The Board shall create Innovation Zones by adopting a resolution defining the geographic area comprising the Zone. (B) The Tax Increment amount for each Zone shall be determined annually by the application of the following formula within the geographic area defined for each Zone and shall be that amount equal to the percentage rate set in the Tax Increment Resolution applied to the difference between: (1) the amount of Aggregate Ad Valorem Taxes received each year by the County from ad valorem taxes levied on taxable real property contained within the geographic boundaries of a Zone; and (2) the amount of Aggregate Ad Valorem Taxes which would have been produced by a levy of the Aggregate Ad Valorem Millage Rate each year by the County upon the taxable real property within the geographic boundaries of a Zone as shown on the Base Year Assessment Roll. (C) The amount to be funded by the County for each Zone shall not be less than the percentage applied to the difference between subparagraphs (13)(1) and (13)(2) of this Section as set in the Tax Increment Resolution or the resolution creating an Economic Development Plan adopted for each Innovation Zone. (D) The County Manager shall certify to the Property Appraiser by May 1 of the year prior to the Initial Tax Increment Year, the boundaries of the designated geographic areas of each Zone, the reference to the Base Year Assessment Roll to be applied, and the specific proportion of the cumulative increase in taxable value to be applied in determining the Tax Increment. Any change in geographic boundaries, the Base Year Assessment Roll or percentage of the specific proportion of the cumulative increase in taxable value shall be certified to the Property Appraiser prior to May 1 of the year in which the change is to occur. httn- / /Iihrary mnn;ontiP rnm /"Ant --+I n-1 I) C'70 Municode rl 1ADf 18 , I (Ord. No. 2010 -20. § 4) Sec. 49 -94. - Annual funding of economic development trust fund. Prior to January 1 of each County Fiscal Year and subsequent to any certification of the County Manager to the Property Appraiser required pursuant to Section 4(D), the Board shall appropriate and transfer to the Economic Development Trust Fund created for each Zone the Tax Increment for such defined geographic area, in an amount not less than that calculated pursuant to the formula provided in Section 4 of this Ordinance. (Ord. No. 2010 -20, § 5) Sec. 49 -95. - Creation of economic development trust fund for each zone There is hereby created an Economic Development Trust Fund for each Zone hereafter created by the Board in accordance with this Ordinance. The Tax Increment determined annually for each Zone shall be deposited in the Trust Fund prior to January 1 of each year as provided in Section 5 of this Ordinance and maintained for such Zone until paid or pledged for the implementation of the Economic Development Plan created for the Zone. By resolution of the Board, available funds maintained in one Economic Development Trust Fund can be paid or applied for a joint project or program with available funds maintained in a separate Economic Development Trust Fund or a percentage of future Tax Increment revenues can be pledged and applied for two or more Economic Development Trust Funds to jointly fund a program or project affecting multiple Zones. (Ord. No. 2010 -20, § 6) Sec. 49 -96. - Pledge or appropriation of trust funds. By subsequent resolution or agreement, the Board shall have the authority to provide for the use of funds maintained in an Economic Development Trust Fund for any purpose that accords with the requirements of Florida law, including without limitation issuing revenue bonds secured by a pledge of available funds maintained in an Economic Development Trust Fund, or authorizing lease purchase obligations subject to annual appropriation from such available funds. In the event the Board decides to pledge such funds as security for revenue bonds, then such bonds can be secured from available funds maintained in the separate Economic Development Trust Fund created for each Zone or from available funds jointly available in multiple Economic Development Trust Funds for multiple Zones as determined in such subsequent resolution or agreement. (Ord. No. 2010 -20. § 7) Sec. 49 -97. - Preparation of economic development plan. The Board shall adopt, and revise as necessary, by resolution, an Economic Development Plan for each Zone created by Ordinance, to provide for: (A) The appropriation or pledge of trust funds deposited or maintained in the Economic Development Trust Fund created for those Zones. (B) An economic development program identifying the public benefit to be derived, infrastructure necessary and required to implement and support such program, any incentives, regulatory or procedural changes, donations or contributions as may be deemed necessary to further economic development and/or redevelopment within the respective Innovation Zone and a fiscal and /or economic analysis as and to the extent deemed appropriate by the Board. (C) A partnership agreement, from one or more private entities, detailing a commitment to provide support in the form of financial funding, infrastructure improvements, land donations or other contributions, which in the discretion of the Board, promotes the viability and success of the Innovation Zone. (Ord. No. 2010 -20. § 8) Sec. 49 -98. - Initial determination of a tax increment. The Board shall adopt for each Zone a Tax Increment Resolution: (1) designating the Base Year Assessment Roll; (2) setting the percentage to be applied to the formula set forth in Section 4(B) of this Ordinance for the calculation of the Tax Increment; (3) specifying the number of County fiscal years to be utilized in determining the annual Tax Increment; and (4) setting the Initial Tax Increment Year. At the httn: / /lihrarv.mnnirndi- rnm /nr;nt --+I T-1-1 AC-10 09 Tm, 4- Municode 1 Ige A 8 of 18 discretion of the Board, the resolution adopting and revising the Economic Development Plan and the initial Tax Increment Resolution can be combined into a single resolution serving both functions. (Ord. No 2010 -20; § 9) Sec. 49 -99. - Implementation. The Board may establish, from time to time, rules and regulations to implement and govern the administrative procedures that will be necessary for staff to implement this Ordinance, including minimum application requirements. These rules and regulations will be published and made readily available to the public. (Ord. No. 2010 -20, § 10) Sec. 49 -100. - 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 the 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. (Ord. No. 2010 -20, § 11) 1 wE W H w� W a i' Q W V H z a W W M� W a O s Y L O J R a L R 7 C1 CL 1" L G1 Gl Q i ~ J W H D z f" W W i a i W °a a r U W H W \ a 0 W LU a a z s O 4 i !1 d7 a c c a� c. a z H O U m U- O 0 Q m W Qw i-- F- Q WW Z p ::D Ul C) � LU � �p0 N Q p O O Q p F- w Q H Lfl -� H O F- O w O U m m Z & w D Q O U p O oWm p H w w > F- 2: 0 U) < < U (rj J Ln U M CO w � om oQ V "Z Ck� < (D ui Ln p CD (D � C< O Z w cn z,w ::D O Z 020 w CO w oz0 U Ln U i t F C L F s' f u 0 c w W m z 2 w F- O z w O El Iq F- H w H Q 0 z W 0 El J Cr Q W J U z 2 IL w a W J IL w J m H w z O O LL 0 w F- w J a 2 O U w Q J a I V -��N I(� U) 0) w O w Q z w _ F- re u 62 w z O H a C9 z p z w N w w a w w QJ LL oU) w U) a CL > =z Q z_ J Q mU� O =F- i ~ U) Q - Z w Z W M U � M Q W Z_ W w O o J w w m O- z Q� w O w Z 2 ~ U) O 0 cn U z Q m �_ O U J LL J O O Q p O F-md LLJ W z w C3 z of UQ IT w �ow o -W ZO0O U z W X F- _z Z 0 J Q F- cn 0ZF- D Z Z:) m V Z W o O J J m UH F- Q _ W _ J z O W W CL' O O O w CC 0 z Q CO) z W O Cr M O LL U) w F- z M W w H O F- 0 w F- J w O co W EM T �U 41 a L 1 s O J M ~ dl � W v \ Ch Qdl U a U J ce Q W J V Z s a (e) /LU V) W Q Q W a mi z a `/ W LU i i.: a� s O W ce G °a d 1`. a Q1 Iamm,-"m W O J M � � W v \ Ch a � L7 W Q Z Q w a �z H 0 m LL mp OJ p Q m W QW Q wzw p Cn p (yLU C,� uj Apo N Q C) z O Q N W Lf) Q z Lr) J H d' O C) W�00 Umm Q _ z � H °Da 0UC) O pcnm W W W p = Q � Q Q �vj Z J Ln j U M m W ON 0 2 O Q W U -' w Q U � H C� r) � Q W LY r W (n z � w ::D O z OU w O cj�m� W �+ �Q� 0 m 0 M W W 2 F- 0 W F- t-L J W a 0 +1 W co W Q. O u � O cC. � �U O a u� m O W � fl. C a QO U u 7 F �1 c u u u Q j 3 u Z I- 2 c Z ce LL a LL W LL FL (� I Q `' W a -� J a CL u W a 0 z H W W E W J H I-- W I- 0 z W Q Q W 0 Q W a z 4J O ., L C7 a C G1 U) d is U) Z H 0 m LL mp Op Q m w QW Q U) W Z p -D Liip O' L QO Lu N Q p CD O O Q N 0 pi Q Z Ln J H o ~O p C) z m w 0 Umm zzh=- 0 Q oUp O p Ln m C ~ _ LU W > Q�jOO aa� C7 M z J Ln y U M m W No O I- �z Q W U''w Q U F- � U W �(� wci zww oU-Z o �m� W �-+ J Q 0m0 I.L N Q 2 U W J z W D 0 O H W Q z Oct H z W f U O 0 W H M z N M W W w F- 0 W H W a 0 a TW /i V z H W 00 H U W rIl co N W 0 OC 0 CL O m W H z N H W LL. O LL. W W J m W z x ce 0 C W H W J a 0 U W U .QJ a PRESS RELEASE FOR IMMEDIATE RELEASE 15 i Agenda Item #: 15 Meeting Date : " 2�- Presented by: I tq M (—F(--,4 C— C-(— May 25, 2011 The Collier County Board of Commissioners is seeking applications for positions on several advisory committees. The Affordable Housing Advisory Committee currently has 2 vacancies, 1 for a term that will expire on October 1, 2013 the member will represent "labor active in home building" and 1 for an alternate member with a term to expire on October 1, 2013. One of these applicants must be a resident of Immokalee. This is an 11 member committee created by Ordinance 91 -65 as amended to monitor the implementation of the Affordable Housing Task Force's recommendations, and the goals, objectives, and policies of the Housing Elements of the County's Growth Management Plan and the City's Comprehensive Plan Determine the effect of proposed ordinances of affordable housing and make recommendations to the Board of County Commissioners and the Naples City Council; and investigate any other relevant areas so directed by the Board of County Commissioners. The Board of County Commissioners will appoint 9 members, including the alternate member, and one of those must be a resident of Immokalee. The City of Naples will appoint 2 members. Terms are 3 years. The Black Affairs Advisory Board has 4 vacancies. This 9 member board identifies and evaluates concerns unique to the Black community. The board reviews and recommends ways to ensure open communication between minorities and Collier County Government to help promote and foster better understanding by Collier County Government of the challenges facing the minority community. The board provides periodic reports to the Collier County Board of County Commissioners for review, and may have joint meetings with the Hispanic Affairs Advisory Board, to evaluate common issues that affect both the Hispanic and Black communities. The board meets on the fourth Monday of each month at 6 p.m. at the Board of County Commissioners board room, Collier County Government Center, 3299 East Tamiami Trail, Naples, 34112. The Collier County Code Enforcement Board has 1 vacancy for an alternate member with a term to expire on February 14, 2014. This 7 member board, plus 2 alternate members, is composed of, but not limited to, individuals representing the occupations of architect, businessman, engineer, general contractor, subcontractor and Realtor and are considered, in part, on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. 13. The Environmental Advisory Council has 1 vacancy for a non - technical member with a term to expire July 28, 2015. This 5 member (plus 1 alternate member) council acts in an advisory capacity to the Board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statement (EIS) per section 10.02.02 A of the Code, all developments of regional impact (DRI), lands with special treatment (ST) or Area of Critical State Concern/ Special Treatment zoning overlays, areas of the county covered by inter local agreements, any petitions which cannot be resolved between the applicant and staff. The membership will include technical and non- technical members. Technical members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Biology (including any of the sub disciplines such as botany, ecology, zoology, etc.), Coastal Processes, and Estuarine Processes, Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste, Storm water Management, Water Resources, Wildlife Management, or other representative areas deemed appropriate by the Board such as, but not limited to, a representative of the development community. Terms are 4 years. The Golden Gate Estates Land Trust Committee has 1 vacancy for a term that will expire on October 13, 2014, for applicants residing in Golden Gate Estates Units 21 -22, 36 -47, 52 -53, 59 -93 or those units located south of Alligator Alley. This 5 member committee serves in an advisory capacity to the Board of County Commissioners for the purpose of carrying out the requirements, conditions and various provisions of an Agreement relating to the use of land, or funds derived from the sale of land, conveyed to the County by Avatar Properties Inc. (f/k/a GAC Properties Inc.). Applicants must reside within the subdivision known as "Golden Gate Estates." Member selection may depend upon location of residence within specific areas (phases) of the Estates. Terms are 4 years. The Hispanic Affairs Advisory Committee has 2 terms expiring on June 25, 2011. This 9 member board identifies and evaluates problems unique to the Hispanic Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic reports to the Board of County Commissioners. Terms are 4 years. The Land Acquisition Advisory Committee has a vacancy for a term expiring on February 11, 2013. This 9- member committee was created by Ordinance No. 2002 -63 and their primary responsibility is to recommend to the BCC an Active Properties Acquisition List with qualified purchase recommendations of environmentally sensitive lands consistent with the goals of the Conservation Collier Land Acquisition Program. Membership of the committee shall comprise broad and balanced representation including environmental and conservation interests, agricultural and business interests, educational interests, and general civic and citizen interests within the County. Members shall have expertise, knowledge or interest in ecology, conservation of natural resources, real estate or land acquisition, land appraisal, land management, eco- tourism or environmental education. Terms are 3 years. 15 The Ochopee Fire Control District Advisory Committee has 1 vacancy for a term to expire on December 31, 2011. This 5 member committee advises the Board on the budget and operation of the Ochopee Fire Control District. Members must reside within the taxing district. Terms are 2 years. How to apply for an advisory committee on -line: Go to www.colliergov.net Across the top of the screen you will see tabs: Click on "I want to" Click on "apply for" Click on "advisory boards & committees" After you complete the application, at the bottom, Click on "E-mail Ian Mitchell" You will receive a confirmation that your application was sent. Note: You must put your e-mail address in the application to receive a copy of your application. Residents interested in applying for advisory committee positions can also obtain an application by calling 252 -8097 or from www.colliergov.net. Please forward to the attention of Ian Mitchell, Executive Manager, Board of County Commissioners, 3299 Tamiami Trail East, Suite 303, Naples, Florida 34112 -5746, and FAX to 252 -6406. The deadline for acceptance of applications is June 15, 2011