Agenda 03/10/2009 Item #16G 1
EXECUTIVE SUMMARY
Agenda Item t~o. :6G1
March i 0, 2009
Page 1 of 5
Request that the Board of County Commissioners amend the application approval section of the
Immokalee Community Redevelopment Agency Commercial Fa!(ade Improvement Grant Program
Policies and Procedures Document, identified in and adopted by Section Four of Ordinance
Number 08.40 to correct a scrivener's error due to the inclusion of an unintended reference by
deleting the reference to the Executive Director's ability to approve or deny fa!(ade grants in the
amount of $10,000 or less; and by providing for an effective date.
OBJECTIVE:
Request that the Board of County Commissioners amend the application approval section of the
Immokalee Community Redevelopment Agency Commercial Fa9ade Improvement Grant Program
Policies and Procedures Document, identified in and adopted by Section Four of Ordinance Number 08-
40 to correct a scrivener's error due to the inclusion of an unintended reference by deleting the reference
to the Executive Director's ability to approve or deny fa!(ade grants in the amount of $1 0,000 or less; and
by providing for an effective date,
CONSIDERATIONS:
On July 30, 2002, the Board of County Commissioners of Collier County, Florida (BCC) adopted
Ordinance No. 2002-38, the "Collier County Redevelopment Grant Program Ordinance" creating a Site
Improvement Grant and Impact Fee Assistance Grant for the Bayshore/Gateway Triangle
Redevelopment Area.
On July 22, 2008 the BCC amended Ordinance No. 2002-38 in order to adopt Ordinance 2008-40
creating a Commercial Fa9ade Improvement Grant Program within the Immokalee Community
Redevelopment Area using a portion of the funds in the Redevelopment Trust Fund,
The proposed Scrivener's Error ordinance deletes the unintended reference to the Executive Director's
ability to approve or deny far;:ade grants in the amount of $10,000 or less in the application approval
section of the Immokalee Community Redevelopment Agency Commercial Far;:ade Improvement Grant
Program Policies and Procedures Document; and provides for an effective date.
FISCAL IMPACT:
This action is only to correct scrivener's errors regarding the previously adopted Ordinance 08-40 that
was approved by the BCC. Therefore, this change by and of itself will have no fiscal impact on the
County.
LEGAL CONSIDERATIONS:
This item has been reviewed by the County Attorney's Office and is legally sufficient for Board action.
Additionally, this item is not quasi-judicial, requires no ex parte disclosure and requires only a simple
majority vote for approval. (MMSS)
STAFF RECOMMENDATION:
Recommend that the BCC approve the attached Scrivener's Error Ordinance identifying a change to the
previously adopted Policies and Procedures Document for the Immokalee Commercial Far;:ade Grant
Program, Ordinance 08-40.
.-
PREPARED BY:
Bradley Muckel,
Project Manager
Immokalee Community Redevelopment Agency (CRA)
Page 1 of ]
AJenda Item No. 16G1
~ March 10.2009
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISS!ONERS
Item Number:
Item Summary:
115G1
Request that the Board of County Commissioners amend the application approval section of
the Immokalee Community Redevelopment ,A.gency Commercial Facade Improvement Grant
Program Policies and Procedures Document. identified in and adopled by Section Four of
Ordinance Number 08-40 to correct a scriveners error due to the inclusion of an unintended
reference by deleting the reference to the Executive Directors <lbility to approve or deny
facade grants in the amount of S10,000 or less' and by providing for an effective date
Meeting Date:
3/10/20099:0000 Arvl
Prepared By
Bradley Muckel
Project Manager
Date
Bee
Immokalee eRA
2110/20094:38:15 PM
Appro\'ed By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
2/11/200910:14 AM
Approved B)'
OMB Coordinator
OMS Coordintltor
Date
County Manager's Office
Office of Manbgement & Budget
2111/20093:54 PM
Appro\'ed By
Steve Camcll
PlJr::;h3sin::IGcn8~3i Svcs Director
D<::ic
Administrative Services
Purchasing
2/23/20092:52 PM
A pprond B}'
Marjorie M, Student-Stirling Assistant County Attorney
Date
County Attorney County Attorney Office
2/24/200910:18 AM
Appro\'cd By
Penny Phillippi
Immokalee, CRA
Date
Bee
County Redevelopment ,Agency
2/27/20094:55 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/2/2009 12:26 PM
Apprond By
James V. Mudd
County M;:ma9ilr
Date
Board of County
Commi5sioners
County Marw.gin's Office
3,'2/20092:36 PM
f~lp.//r.\ li n.o>nr1-::.Tpd\ r:''''1''r\d\ 1 "',,_r>.A <lrf,j,O/^ ,n 1 II 0/,.,1)'1000\ J (... o/~ ,O('Y\'t\.lC:l:'hrTO/~,() li i:J:'hTn A \ 1
1/I1/'1nnO
itelll f\!D. 16G1
h';3fSh 10. 2009
Pdde3of5
ORDINANCE NO. 09~
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING THE APPLICATION APPROVAL SECTION
OF THE COMMERCIAL FA(,:ADE GRANT PROGRAM
POLICIES AND PROCEDURES DOCUMENT ANNEXED
TO AND ADOPTED BY SECTION FOUR OF ORDINANCE
NUMBER 08-40, WHICH WAS AN AMENDMENT TO
ORDINANCE NUMBER 2002-38, AS AMENDED, 'THE
COLLIER COUNTY REDEVELOPMENT GRANT
PROGRAM ORDINANCE". TO CORRECT SCRIVENER'S
ERRORS DUE TO THE INCLUSION OF UNINTENDED
REFERENCES TO THE EXECUTIVE DIRECTOR'S
ABILITY TO APPROVE OR DENY FA(,:ADE GRANTS IN
AMOUNTS OF $ 10,000 OR LESS BY DELETING SUCH
REFERENCES; AND BY PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Collier County Board of Commissioners adopted Ordinance No. 08-40, as
an amendment to Ordinance Number 2002-38 n "The Collier County Redevelopment Grant
Program Ordinance" n on the 22nd day ofJuly, 2008, and;
WHEREAS, following said action adopting Ordinancc No. 08-40, staff determined that the
Conmlercial Fa,ade Improvement Program Policies and Procedures Document transmitted to the
Collier County Board of County Commissioners contained provisions rclating to the grant of
authority to the CRA Executive Director to approve grants of $10,000.00 or less without CRA
Board approval. Thcse provisions wcrc not intcnded to be made a part of the public hearing and
therefore constitute scrivener's errors.
NOW, THEREFORE BE IT ORDAlNED BY THE BOARD OF COUNTY
COMMISSIO!\TERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO PROGRAM PURPOSE AND
BENEFITS SECTION OF THE COMMERCIAL FA(,:ADE GRANT
PROGRAM POLICIES AND PROCEDURES DOCUMENT ADOPTED BY
SECTION FOUR OF ORDINANCE NUMBER 08-40
I
*Words stmeJHflreHgfl are deleted, words underlined are added.
Agerl(~a It0:!YI No. 16G1
:\/~ard', "10, 2009
tJage 4 of 5
Section I entitled "Program Purpose and Bencfits" of the Commercial Fa'Yade Improve-
ment Program Policies and Procedures Document identified in and adopted by Section Four
of Ordinance Number 08-40 is hcreby amended to read as follows:
Section J-Prol!I'am Purpose and Benefits
*
*
.
*
*
*
CRA staff will review applications for complctcness and determine if funding is to be
recommended. The CR'\ EKeelltive DiroeteF--Gf--designeo may appro','c grant applioations of
$ I 0,000 or less; applieacions ill. e1wess of--$.U);OOl)-wiH-be for\'farded to tRe Communit).
Reae~'cIopment ,^.gell.ey Advisory Boaffi--!llld-the-GRA-Beard-fel'-i'evie'lf for f\lading appnn'aI.
Grant funds will he distributed only upon completion of improvcments and submittal of all
receipts, invoices and required documentation to CRA staff. Applicants must be willing to
maintain the renovations lUJd improvements for at least five years. The Grantee shall not be liable
to the CRA for repaymcnt ofthc grant funds provided the Grantee complies with all conditions set
forth in the Grant Agreemcnt. Should the Grantcc transfcr, sell, divest itself of its interest in the
subject property, or fail to maintain the renovations and improvements during the five-year period
following receipt of the grant funds, the CRA shall be entitled to reimbursemcnt of the grant funds
as follows:
Elallsed Time Amount Due CRA
o to one year after grant funds received 100%
One year after grant funds receivcd 80%
Two years after grant funds received 60%
Three years after grant funds received 40%
Four ycars after grant funds received 20%
Five years aftcr grant funds rcccived 0%
SECTION TWO: SCRIVENER'S ERROR AMENDMENT TO APPLICATION APPROVAL
SECTION OF THE COMMERCIAL FA<;;ADE GRANT PROGRAM
POLICIES AND PROCEDURES DOCUMENT ADOPTED BY SECTION
FOUR OF ORDINANCE NUMBER 08-40
2
'Words struck tl'li'ougll are deleted, words underlined are added.
Ageilca I~em No. i 6G 1
'Aarch 10. 2009
?a;}8 5 Dr 5
The Section entitled "Application Approval" of the Commercial Fa,ade Improvement
Program Policies and Procedures Document, identified in and adopted by Scction Four of
Ordinance Number 08-40 is hereby amended to correct a scrivener's error by amcnding said
Section to rcad as follows:
Application Approval
T-he-GR.'. Elteeati':e Direotor or desigllee will apprElve Ell' dellY grail! a]'>fJlieatiElfls of $ JO,OOO-ef
less. Projects in 61wess Elf $10,000 will be forwarded to the CRA Advisory Board and the CRA
Board with a recommendation from CRA staff for funding approval or denial. All applicants will
receive written notification regarding approval or denial of their application. If an applicant's
proposal is approved by the-G~o\'ltive DireotElr/designee (lr the CRA, as aprlieaele, the
applicant will receive written notification of the approval, which will include a funding agreement
listing the amount of matching funds that are approved.
SECTION TWO: 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
,2009.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, CHAIRMAN
Approved as to form and
Legal sutliciency:
-rJid- ~~,; o)L~~ -,tla~
Mar.&lrie M. Student-Stirling . 0
Assistant County Attorney
3
· Words &!mek-tlH-euglJ are deleted, words underlined are added.