Agenda 06/10/2008 Item #10D
Agenda Item NO.1 00
June 10, 2008
Page 1 of 33
EXECUTIVE SUMMARY
Obtain direction from the Board of County Commissioners in response to item 6B from the May
27,2008 Board of County Commissioners meeting, a public petition request by Mr. Vann Ellison
to discuss relief of an existing impact fee deferral in the amount of $178,149.72 for Wolfe
Apartments.
OBJECTIVE: That the Board of County Commissioners (Board) provide direction to staff in
response to item 6B from the May 27, 2008 Board of County Commissioners meeting, a public petition
request by Mr. Vann Ellison to discuss relief of an existing impact fee deferral in the amount of
$178,149.72 for Wolfe Apartments.
CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a
program to defer impact fees for qualified affordable housing. Eligible dwelling units include both
owner occupied units, as well as rental apartment units.
On June 12, 2002, St. Matthew's House, Inc. received an impact fee deferral for the construction of 46
rental apartment dwelling units to be known as Wolfe Apartments. Upon receiving the impact fee
deferral approval, an agreement was entered into between Collicr County and St. Matthew's House,
Inc. The agreement deferred the impact fees associated with Wolfe Apartments for six years.
,~
An impact fee deferral agreement was recorded in the amount of $288,749.72. However, the amount
listed in the agreement was incorrect. The agreement included amounts to defer the water and sewer
impact fees. Wolfe Apartments do not use County water or sewer and therefore would not incur the
respective impact fees for those services. The revised amount owed to Collier County is $178,149.72
and is detailed below:
Community Park Impact Fee
Regional Park Impact Fee
Library Impact Fee
Road Impact Fee
EMS Impact Fee
School Impact Fee
Jail Impact Fee
TOTAL
$571.02 per unit
$249.82 per unit
$214.00 per unit
$1,800.00 per unit
$93.00 per unit
$827.00 per unit
$117.98 per unit
46 units
46 units
46 units
46 units
46 units
46 units
46 units
$26,266.92
$11,491.72
$9,844.00
$82,800.00
$4,278.00
$38,042.00
$5.427.08
$178,149.72
On July 25, 2007 the Board adopted resolution 2007-203, establishing the Affordable-Workforce
Housing Trust Fund. The resolution sets forth policies for accepting voluntary donations, awarding
monies and the strategies that are eligible for assistance. The resolution states that, annually, staff will
solicit project proposals from local non-profit organizations and for-profit developers as well as
individuals. The projcct proposals would then be reviewed and scored as part of a competitive bid
process. Options for use ofthc monies are as follows: Down Payment Assistance, Impact Fee Relief
for owner occupied, homesteaded dwelling units, Land Acquisition, Construction Loans, Community
,--. Land Trust, Homebuyer Education and Counseling and Disaster Recovery and Mitigation. As of May
30,2008 the Affordable-Workforce Housing Trust Fund had a balance of$158,715.00.
As currently written, the resolution does not allow for the award of funds without a competitive
application process, nor does it allow for impact fee relief for rental apartment dwelling units.
Agenda Item NO.1 00
June 10, 2008
Page 2 of 33
On October, 9, 2007 under agenda item 6C, Mr. Tim Barone, representing Wolfe Apartments,
petitioned the Board to waive the impact fees that were deferred in 2002, or extend the deferral for an
additional five to ten years. After discussion there was not enough Board support at the time to bring
the item back for consideration at a later meeting.
At the May 27, 2008 Board meeting under agenda item 6B, Mr. Vann Ellison, representing Wolfe
Apartments, petitioned the Board for assistance in re-paying the impact fee deferral received in 2002
and now becoming due and payable. Mr. Ellison stated that the organization has so far raised
$105,000.00 towards repayment of the obligation. Currently, the organization is in need of $73, 149.72
in order to make full repayment.
The first payment is due on June 28, 2008. Staff was instructed to return with options for the Board to
consider. Therefore, staff request Board direction and offers the following five options for
consideration:
Option One
Accept partial payment in the amount of $1 05,000.00 from St. Matthew's House Inc. at this time.
ModifY and restructure the existing agreement for repayment of the remaining $73,149.72 still owed to
Collier County. Staff would seek Board direction on length of newly modified agreement (e.g. ten
year deferral per current policy).
Option Two
Provide a four year extension to the current impact fee deferral agreement. This would allow
additional time for the organization to raise the funds necessary to repay the impact fee deferral. If
budgeted over the next 48 months, St. Matthew's House, Inc. would have to raise an additional
$1,523.95 per month in order to have sufficient tirnds to repay the debt at maturity. Additionally, this
option would bring the agreement in accord with current policy.
Option Three
Provide a one year extension to the current impact fee deferral agreement. This would allow additional
time for the organization to raise the funds necessary to repay the impact fee deferral. If budgeted over
the next 12 months, St. Matthew's House, Inc. would have to raise an additional $6,095.81 per month
in order to have sufficient funds to repay the debt at maturity.
Option Four
Amend Resolution 2007-203 to permit use for impact fee relieffor rental apartment dwelling units and
eliminate the competitive application requirements currently in place. Once amended, seek Board
direction on how to use the Affordable-Workforce Housing Trust Fund to assist St. Matthew's House
Inc. with the payment of the deferred impact fees.
Option Five
Take no action on this item. St. Matthew's House, Inc. would be fully responsible for the $178,149.72
owed, with the first payment being due June 28, 2008.
FISCAL IMPACT: Dependent on Board direction.
""''''
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: Dependent on Board direction.
Agenda Item No. 10D
June 10, 2008
Page 3 of 33
STAFF RECOMMENDATION: Obtain direction /Tom the Board of County Commissioners in
response to item 6B /Tom the May 27, 2008 Board of County Commissioners meeting, a public petition
request by Mr. Vann Ellison to discuss relief of an existing impact fee deferral in the amount of
$178,149.72 for Wolfe Apartments.
PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
i--
,-
2998148 OR: 305~dp~:~29&6~~
UCOUID iD orrICIlIo Deous of comtflllllllftlf fi3
0'/12/2002 at 03:31'1 DlIGIf I. BlOcr, C1Ilr
lie 111 ".50
J'ftpoml by:
Patrick G. While
AMtt. CoUl~r ny. AU'".
.lJOt Tamleml Tran Jo"",t
Nopl.. Fl. 30It U
leto:
BOUSIIG , VWI IlPIOVIIm
Iml OPlICI
lm: !.lOm 81W
Thi!'i ~ for I'l'rordinK
AGREEMENT FOR 100% DEI<'ERRAL OF COU.IER
COUNTY IMPACT FEES mR MULTI.FAMILY
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fee~ is entered into this ~~ay of 'ill ,^"
200~, by and between COllier&~l~n of the State of Florida. through its
Board of County commiSSiOJ1'~)e~:~'COUNTY," and SI. Matthew's
, \ \
WHEREAS, COlh\~nty Ordinance N . ~OO)-Iy,'collier County Con~olidatcd
Impact Fee Ordinance, as it ~ ~rther amende~'~/~ito lime, hereinafter collectivdy
referred to as "Impact Fee Ordlh~.~ocillt'\t~Zal of impact fees for ncw multi-
~ HE erR l.;:.?
family. rental dwclling units which quali~imdable housing: and
WHEREAS, Frank Meehan, Executive Director of 51. Mallhew'~ House, Inc.; and
WHEREAS, 51. Mallhew's House, Inc., ha~ applied for a deferral of impact fees as
required by the Impact Fee Ordinance for its Wolfe Apartment~. hcreinatier refcrred to a~
"PROJECT," and a copy of said application is on file in the Housing and Urban Improvement
Depanment: and
WHEREAS, the County Manager, or hi~ designee, ha~ reviewed the OWNER'S
application for the PROJECT and has found that it complies with the requirement~ for an
affordable housing deferral of multi.family impact fec~ as required hy the Impact Fee Ordinance:
and
lof8
OR: 3054 PiG1da2ga;]No. 100
June 10, 2008
Page 5 of 33
WHEREAS. the COUNTY desires to issue an impact fee deferral in Ihe amount orTwo
Hundred Eighty-Eighty Thousand Seven Hundred Forty-Nine and 72/UX) (2N!!,7~9.72) lilr six
years from the tiN date that the impact recs would otherwise he due and payahle tilr the
PROJECT: ,md
WHEREAS, the Impact Fee Ordinance requires that Ihe OWNER enter into an
Agreement with the COUNTY: and
WHEREAS, pursuant to Section 74-201 E.I.h. of the Impact Fee Ordinance, as codilied
in the County\ Code of Laws and Ordinances. the County Manager is authorized to exeCUle
certain Impact Fee Deferral Agreements on hehalf of the COUNTY: and
WHEREAS, hy signing t ':v~.@(q~Manager will approve a deferral of
impact fees for OWNER in sup~(rcreating AtTordah cf- ou\ing.
/ (- \
NOW, THEREFfR fir?N m. . I f 'iloing Recitals and other good and )
the Panies covenant and a~~ follows: )'k) / ..:-:-,,)
\t-'",", 'i~' /,\...'
I. RECITAL..liI ~ORPORATED. The~~ljng Rccitals arc true and correct
.... 0 '- "';/
'.Jp .;;--_____.,\..\\,/
and are incorporated by reference l\en:~.;>"'"
2. LEGAL DESCRIPTION. The PROJECT's legal description for the location of
the dwelling units (the uDwelling UnitsU) that will have their impa.:t fees deferred is atta.:hed
hereto as Exhihit uA,u and the PROJECT's site plan is attached as Exhihit uB:' and hoth
Exhibits are incorporated by referen.:e herein.
3. TERM. The OWNER agrees that the Dwelling Units shall remain afli.1fdahle and
shall be offered for rent in aecordan.:e with the standards sel forth in Ihe Impact Fee Ordinan.:e
for a minimum term of lifteen (15) years commencing from the date a certiticate of o.:cupancy is
issued for a particular Dwelling Unit: and Ihat the term of the reljuirement to pay th.:
PROJECTs impact fees will he deferred for six (6) years from the date of the impa.:t fees being )
due and payahle.
201'8
OR: 3054A'(WJ93~~'21~~
Page 6 of 33
4. REPRESENTATIONS ANI) WARRANTIK'\. The OWNER represents and
warrants the following:
A. Each Dwelling Unit will, during the tenn of the Agl\.'Cmel1l. he the
pennanent residence of a qual i fying occupant/tcnant.
B. At the commencement of any leasehold arul throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
incol11e level, as those tenns are defined in Ihe Impact Fl'C Oniinanee; and the
household's monthly rent must he within Ihe affordahle housing guidelines
estahlished in the Impact Fee Ordinance.
C. Each _D~~\~~~niahle" for at least finecn (15)
years from th/,a1; ceni fi~ate of occupan . w,,\ssued.
S. SUBSEQUEN~eNT-AL OR 00 SFE : REPAYMENT. If OWNER
rents a Dwelling Unit Wh(Ch i' s ~e ~~e ),an\ then re-rents that Dwelling
Unit to a subsequent rentf e hn~iIfllt~be te~~IY to persons or households
meeting the qualifying Crit~ forth in the Imp~e o4i?-fe, If the Income of any unit
renter which originally qua'~ell ~,ry low or low il}lX!~~(el as delined in the Impact Fee
~'P~\:~/
Ordinance increases by more than 'furtY~)..-ilbove the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall hecome immediately due and payahle hy OWNER or. in the alternative, the
OWNER shall have ninety (90) days to comply with the AIToniable Housing guidelines set fonh
in the Impact Fee Ordinance. Assuming the OWNER has not been ahle to comply with the
guidelines, upon Ihe discontinuance of use of a Dwelling Unit as affordahle housing, or six
years from the date such impact fecs are deferred, whichever occurs tirst. the impacl fces
deferred shall be immediately repaid to the COUNTY. OWNER agrees that even though the
impact fees may have heen repaid to the COUNTY. the OWNER will continue to utilizc thc
""
Dwelling Unils for affordable housing for at least fifteen (15) years from the date the tiN
cenilicate of occupancy was issued for a Dwclling Unit.
30fS
OR: 3054 PG~nl~89n No. 100
June 10, 2008
Page 7 of 33
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall pmvide to
the Housing and Urban Improvement Depanment an Aflidavit ancsting 10 compliance with the
affordable housing qualification criteria and standards sCI fonh in the Impact Fcc Ordinancc,
Said Affidavit must be filed with the County Managcr and is due wilhin Ihiny (.10) days of Ihe
anniversary date of the issuance of the first dwelling unit's ccnitkalc of occuP;lI1cy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or fedeml agency will not be required to file this separate affidavit of compliance
with the County Manager.
7. LIEN, OWNER agrees that the dollar amount of defem:d impact fees,
commencing on the effective d~~~tinUing until paid or released, will
constitute and be a lien in th~~t of Two Hund~d ~;Y'Eight Thousand Seven Hundred
Fony-Nine and 721100 (28f4y.71~~~S pmp<<;n~nd Dwelling Unils which lien
=, '" '_''''0' 'P"" 'i''''f~~1J J"=.,,, ,,[<hi, A""""",.
Provided that Ihe OWNER~ \"'~~~I " U ' a?~NER agree that by, and in
consideration of, a securitv\~eral being ptoVide~h,19~J"R to the COUNTY, Ihal all of
. \i~~ T0/(~/.
the COUNTY'S lien rights atidl~~~~~nder this Agreemenl are to be
'd d' . .,. d~b ':"'J->, ",,('\..' / h PROJECT E
consl ere Jumor, ll1.enor, an su b....~~l.mongage on t e . xcept as
elsewhere noted in this Agreement, such licn shall be superior and paramount to the interest in
)
the Dwelling Unil of any owner, lessee, tenant mortgages. or other person except thai Ihis lien
shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements, including paymcnI of the defc.red impact fccs. the COUNTY shall, at thc cxpcnsc
of the COUNTY, record any necessary documenlalion cvidcncing such paymcnt, including hut
not limited to, a rcle<lse of lien.
9. BINDING EFFECT. This Agrecment shall he binding upon the Panics to this
Agreement, their heirs, Sllccessors, and assigns. In the case of sale or transfer hy gili of any )
40fR
OR' 305tgPGd~J~\rHh~~2~~~
. . ~lleUS of 33
Dwelling Unit, the original OWNER shilll remain liatlle tllr the impaet ICes deferred until said
impact fees are pilid in full.
10. RECORDlN(;. This Agreement shall tie recorded tly OWNER iltthe expense of
OWNER in the Offieial Reeords of Collier County, Florida within sixty (60) dilYs iltier execution
of this Agreement by the County Manilger,
II. DEFAULT. OWNER shilll be in default of this Agn.>emenl:
A. if OWNER fails to rent the property in ilccordmlce with the ilftilrdilble
housing stilndilrds and qUillilication <'riteria estilblished in the Imp;lct Fee
Ordinilnce, and there~ay the impact fees due within thirty (30) days
OfmailingOfW~~~~~ance,. ... .
B. IfO/E~contmue~ to Violate one ~~\IOrdahle housmg 'luahllcatuJn
criteria in tllC [(~c~~' . ncelQ.,a peril of1ifleen (15) days after mailing
of written {otic 0 su f(t . w. I
C. wit~ In' epo~~c' ~licen (15) dilY grace period
from the dat\~" .:e report being dU~Pi~)e OWNER will tbereafter be
in default. 1~--:.(/f;7
12. REMEDIES. The o~...a:re cumulative with ilny other right or
remedy available to Ihe COUNTY:
A. Should the OWNER of the property:
I) fail to comply with the said qualiliciltion criteria ilt any lime during
the IiI' teen (15) year tenn: or
2) violate any provisions of this Agreement.
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of wrinen notification of said violation.
B. Should the OWNER otherwise be in default of this Agn.>ement. and the
default is not eured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may hring iI civil al'tion to enforce the Agreement.
501'1\
OR: 30541G:da2Jn~~26~~
Page 9 of 33
C. In addition, the lien may he li.'reclosed, or otherwise enli.m:ed hy the
COUNTY. hy aclion or suit in equity including the foreclosure of a mongage nn
real pmpcrty. The COUNTY sh<lll he entitled to recover all fees and costs,
including attorney's fees. plus interest at the statutory rale for .judgments
calculated on a calendar day hasis until paid.
IN WITNESS WHEREOF. the Parties have executed this Agl'I.'ement on the d<lte and
year first above written.
\..s6R Co (j L
O\.>..~ :'v/')
Ie ~
(2) Witnesses: (~~(
~ m, t. a ~)'s I-touse, Inc.
I' I ,f-J
kE t"!\". ~ '\ I~J
\.J:'t1:\P~ )l,._fi::"i!6~ //
\'1' \ B~ /);,~ /'t 4~--<--
\~-O~'" . -0 "'ahk Meehan. Executive Director
~ '/> '. ~\.0/
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(:~II""
Print Name
ct/;
Print NarneC(l....v'-l
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF (i" / 1,,;>,-
The foregoing Agreement was acknowledged before me this .l1:L ofI;ray of j,.
2002 by Frank Meehan, Executive Director of St. Matthew's House. He is personally
60fR
"
OR: 3054
PG"n~Q,'i. No 10D
· "?,M, 10, 2008
Page 10 of 33
-
known to me or has produced n OrlVt'f' &c~.. ~. (type of identification) as
identification.
.1
_.
."'.'~ LAUREN J BEAR!)
'" ('tlMM1S\IO-:-'. ("'( ~~",..~
'\;., D:P1lU'~ lCl':" :'1'l1'
1..=.;~"'Ol 'In" ~I~ ....'1\."" S~,,,(,.\ l\."":,~~ \ "
Signature of
'ng acknowledgment
Lnur~r'1 '\ "Aenrd
Name of Acknowledger Typed, Printed or Stamped
COUNTY:
BOARD OF COUNTY COMMISSIONERS
OF COlLIER COUNTY, FLORIDA
('
() ere, MANAGER
STATEOFR.O A \
COUNTY OF I I @~~ -::V'Y
The foregoing A , I~ ~lIJ1~~J~fM~ thi
2002 by Thomas ~ bl1itf. County Mari~r, j' btblf
~rsonally known \~e or has produ~ / :;:J
ide~~tiOn) as identt~[~~~ AY
cX~ ';;;; '-. 'F~ (\...\ / ".'~
Signatureofpe ~'ngac~_gn{eiil~'/ ,..1
. - \.l. .."
_LC\ ll\-t'('\ ~ ur'nn\,:.~,:;::~;>~m
Name of Acknowledger Typed, Printed or Stamped
""-
rr day of \,,"~ ,
of the COUNTY. He is
(type of
UlUREN J. BEARD I
M'Y COWMlWO,," . rr ml~
EXPmES 101241'2001
r"NarIIr)~as"~(',)
--,"
Patrick G. White
Assistant County Attorney
~
7of7
OR: 3054 Wfd2a931~~26~~
~age 11 of 33
Exhibit "A"
Lots 1 through 8, inclusive, Block 67, Golden Gate, Unit 2, Part
I, according to the plat thereof, recorded in Plat Book 9, Pages
116 through 120, inclusive, of the Public Reconls of Collier
County, Florida.
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*** OR: 3054 ~e:nd2j~a 1N~~
Page 13 of 33
Exhibit "C"
Fee Rate
Unit
Total 1
Community Park $57 I .02
46
$26,266.92
Regional Park $249.82
46
$11,491.72
Library $214.00
Road $1,800.00
46
$9,844.00
$82,800.00
46
EMS
$93.00.. ~ ~ $4,278.00
/i:\b~O '~
$827A1\\-'V Uly./o'/:.... $38,042.00
/cF' r \
~7.911 , 46 \$5.427.08
/ w-~ \
J:CCIDlr ,:"'#<n
'JfMeters e I /~otal S
\,,\\ .,ik J I__i!
\<1',) ct'" . / 0 I
\1- '4. $13.450.~, I $53,800,00
',0> /'\7
" h'~/ <\
4' '1'/./[" C..... 't1OO.oo $56.800.00
"-~/
School
Jail
Total
Meter Size
1.5" Water Meter
1,5" Sewer Meter
Total
$110,600.00
$288,749.72
Total Impact Fees Deferred
(
r-
r
Agenda Item No. 100
June 10, 2008
Page 14 of 33
RESOLUTION NO. 2007-...2.Q3
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
DECLARING A VALID PUBLIC PURPOSE FOR ACCEPTING
VOLUNTARY DONATIONS FOR AFFORDABLE.
WORKFORCE HOUSING MADE DIRECTLY TO THE
COUNTY, ESTABLISHING AN AFFORDABLE-WORKFORCE
HOUSING TRUST FUND AND PROVIDING GENERAL
GUIDELINES FOR USE OF MONIES IN THE AFFORDABLE-
WORKFORCE HOUSING TRUST FUND.
RECITALS
WHEREAS, the Board of County Commissioners of Collier County, Florida (the
"Board") has determined that the public health, safety and general welfare requires the
implementation of an affordable-workforce housing program for the following purposes:
a. To implement the goals, objectives and policies of the Collier County
Comprehensi ve Plan;
b. To provide housing opportunities for Collier County families in order to
meet the existing and anticipated housing needs of such persons and to
maintain a more balanced socio-economic mix in the community;
c. To assist in satisfying the community's obligation to ensure that a fair
share of the community's housing production is affordable to Collier
County families;
d. To provide for a range of home ownership opportunities for those who
work in Collier County and who provide the commuoity with essential
services but presently cannot afford to purchase a home within the
community; and
e. To provide an OpportUlllty for developments which create additional
aft'ordable-workforce housing demands within Collier County to share in
the responsibility to provide affordable-workforce housing.
WHEREAS, the Board has directed staff to develop an inclusionary zoning
ordinance and related affordable-workforce housing mitigation fee for Board
consideration; and
Agenda Item NO.1 00
June 10, 2008
Page 15 of 33
WHEREAS, from time to time, voluntary donations for affordable-workforce
housing or as a credit against any affordable-workforce housing mitigation fee that might
be adopted in the future are made directly to the County; and
WHEREAS, the Board finds that there is a valid public purpose for accepting
such voluntary donations for affordable-workforce housing; and
WHEREAS, the Board also finds that such voluntary donations for affordable-
workforce housing should be maintained in a trust fund with the use of such monies
limited to meeting affordable-workforce housing needs;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as follows:
SECTION ONE.
PUBLIC PURPOSE.
The Board hereby declares that a valid public purpose exists for accepting
voluntary donations for affordable-workforce housing and that such donations should he
deemed to be a credit against any affordable-workforce housing mitigation fee, including
fees in lieu of any inclusionary zoning obligation, that may be adopted in the future.
SECTION TWO. AFFORDABLE-WORKFORCE HOUSING TRUST FUND.
There shall hereby be established an Affordable-Workforce Housing Trust Fund
(sometimes referred to hereafter as the "Fund"). All voluntary donations made directly
to the County for affordable-workforce housing shall be deposited into the Fund either
upon the day of receipt or the next business day followmg receipt.
The Fund shall be maIntained in an interest bearing account and any interest
derived from deposits in the Fund shall follow and remain with the Fund. Any recaptured
monies, e.g., repayments on loans, shall also be deposited in the Fund. Monies in the
Fund, including interest and recaptured monies, shall be disbursed according to the
2
Agenda Item No. 10D
June 10, 2008
Page 16 of 33
eligible uses as set forth in this Resolution and as approved by the Board and
administered by the Housing and Human Services Department staff.
SECTION THREE. USE OF AFFORDABLE-WORKFORCE HOUSING TRUST
FUND MONIES.
Collier County shall use the funds deposited within the Fund for the following
purposes, including but not limited to the options set forth in numbered paragraphs 1-8 in
this Section. Annually, the staff of Housing and Human Services will solicit project
proposals from local nonprofit organizations and "for profit" developers as well as
individuals. Staff will review and score the projects based on established criteria. The
staff recommendations for funding of specific options and projects will be presented
annually to the Board of County Commissioners for approval. An annual application
workshop will be conducted to provide technical assistance to applicants and address any
issues or concerns. All projects will be secured by a contractual agreement developed in
conjunction with the County Attorney Office. Each such Agreement shall be submitted
to the Board for approval and, following approval. shall be signed by tbe Chairman,
Applications for assistance for the individual home buyer will be accepted and reviewed
throughout the year by Housing and Human Services staff. Availability of funds and
applicant income verification would determine approval.
Options for use of Fund monies may include:
l. Down Payment Assistance - for units located in Collier County. Units
must be primary residence and homesteaded. Residency will be verified annually.
Available to households earning between 81-150% of the Median Family Income as
determined by the Department of Housing and Urban Development. The maximum
(
I
}
Agenda Item NO.1 00
June 10, 2008
Page 17 of 33
deferred loan amount is $50,000. All participants must attend a recognized homebuyer
education program. This loan would not be forgivable.
2. Impact Fee Relief - for units being developed within Collier County who
are serving households between 81-150% of the Median Family Income as determined by
the Department of Housing and Urban Development. Unit must be primary residence and
homesteaded. Residency will be verified annually. This loan would not be forgivable.
3. Land Acquisition - For proposed rental and homeownership projects
targeting households earning below 150% of the Median Family Income as determined
by the Department of Housing and Urban Development. Deed and land use restrictions
must be recorded. Construction and occupancy requirements will be based on the size of
the project.
Applicant must apply for the applicable incentives and provide
documentation. This loan would not be forgi vable.
4. Construction Loans - For proposed rental and homeownership projects
targeting households earning below 150% of the Median Famil y Income as determined
by the Department of Housing and Urban Development. Applicants may be non-profit
organizations, for profit developers or individual first time homebuyers.
5. Community Land Trust - For acquiring land, existing homes and/or
establishing land trust(s) WIth local non-profit organizations and/or developer partners or
county government. Down payment assistance for buyers who purchase homes in the
CLT. Targeting households below 150% of the median income.
6. Homebuyer Education and Counseling - For non-profit organizations
interested in delivering on-going programs to help prepare first time home buyers of all
income categories for homeownershlp. Annual contracts will be based on specific
4
Agenda Item No. 100
June 10, 2008
Page 18 of 33
deliverables including subject matter, diverse geographical coverage and availability of
programs.
7. Disaster Recovery and Mitigation - Emergency specific disaster recovery
initiatives will be presented to the Board to address housing needs for households below
150% of the Median Family Income based on the extent of the need. Assistance may
include providing temporary housing for our most vulnerable populations after a disaster
strikes, supplemental funding to organizations that house disaster victims and/or
providing disaster mitigation funds to individual homeowner or organization projects.
8. A maximum of 10% of collections may be used to monitor, administer and
oversee the Program.
9. As may be required by any stipulation or agreement with the donor
.,~
provided the funds are used to meet affordable-workforce housing needs as determined
by the Board.
First preference in recei ving assistance from the Fund for allowed options or uses
shall be given to applicants who have not received assistance from other affordable-
workforce housing programs administered by Housing and Human Services during the
same budget year.
SECTION FOUR. REPORTING RESPONSIBILITIES.
A staff report on the receipt and uses of funds donated for affordable-workforce
housing and deposited into the Fund will be presented to the Affordable Housing
Commission on a quarterly basis and to this Board yearly.
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes
of this Board.
('
I
5
Agenda Item NO.1 00
June 10, 2008
Page 190133
This Resolution adopted after motion, second and majority vote, this 25th day of
July, 2007.
ATTEST:
DWIGHT E. BROCK, CLERK
, .
~~
. ~~M~~
,ttAl~ CIa 1.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BYJA~~
. JA ES COLETTA, CHAIRMAN
Approved as to form and legal sufficiency:
141-1 wf7d1--
Michael W. Pettit
Chief Assistant County Attorney
06-cps-OO:\81/595
6
Agenda Item No. 10D
June 10, 2008
Page 20 of 33
Item#IOF
RESOLUTION 2007-203: DECLARING A VALID PUBLIC PURPOSE FOR
ACCEPTING VOLUNTARY DONATIONS MADE DIRECTLY TO THE COUNTY
FOR AFFORDABLE-WORKFORCE HOUSING, ESTABLISHING AN
AFFORDABLE-WORKFORCE HOUSING TRUST FUND AND PROVIDING
GENERAL GUIDELINES FOR USE OF MONIES IN THE AFFORDABLE-
WORKFORCE HOUSING TRUST FUND - ADOPTED W/CHANGES (FURTHER
CHANGES MADE ON JULY 25, 2007 DURING DISCUSSION ON ITEM #15)
('
MR. MUDD: Commissioner, next item is number 10F, and that was to follow 5E.
10F is a recommendation that the Board of County Commissioners adopt a resolution
declaring a valid public purpose for accepting voluntary donations made directly to the
county for affordable/workforce housing, establishing an affordable house --
affordable/workforce housing trust fund and providing general guidelines for use of monies
in the affordable/workforce housing trust fund.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER HALAS: Second.
COMMISSIONER HENNING: Question.
CHAIRMAN COLETTA: Just a second. We didn't hear you.
Okay. Go ahead, Commissioner Henning.
COMMISSIONER HENNING: Let's see. I'm looking at the reso. on the second
page, section two on the bottom It's saying, donations shall be made before or at the time of
Certificate of Occupancy. To me, that says, well, it's a donation but this is what you got to
do with your donation, and I'm afraid it's not a donation. It's a demand.
And if we could just tweak that, donations may be made before or at the time of
Certificate of Occupancy. It's just a suggestion.
CHAIRMAN COLETTA: Mr. Pettit.
MR. PETTIT: Commissioner Henning, you were too fast for me. I was going to
suggest, as one change to the resolution that was in the package, that we change that
sentence in this way. It begins with the word unless, and it's on page 2 of the resolution
under section 2. Unless otherwise stipulated as set forth in Exhibit I to this resolution,
which reflects offered donations to the county for affordable/workforce housing today,
donations, I was going to say preferably, would be made before or at the time the Certificate
of Occupancy is issued.
COMMISSIONER FIALA: I'm still trying to fmd where are you.
COMMISSIONER COYLE: Could I ask a question?
CHAIRMAN COLETTA: Page--
COMMISSIONER HALAS: It's the bottom --
COMMISSIONER FIALA: Oh.
MR. PETTIT: It's page 2 of the resolution.
COMMISSIONER HALAS: Actually page 5 of 10.
MR. PETTIT: Page 5 of 10.
CHAIRMAN COLETTA: You've gone past it now.
COMMISSIONER COYLE: Could I just try to clarify something here? My
Agenda Item NO.1 OD
June 10, 2008
Page 21 of 33
interpretation of this is that this doesn't say that you have to make a donation, but it says, if
you've agreed to make a donation, you have to give it to us on or before we issue a
Certificate of Occupancy.
MR. PETTIT: That certainly was the intent.
COMMISSIONER COYLE: It's the timing. So if you need to clarifY that, I would
suggest you just say that donations must be provided before a Certificate of Occupancy is
issued.
CHAIRMAN COLETTA: How about agreed donations?
COMMISSIONER HALAS: Agreed, that's right.
COMMISSIONER COYLE: Voluntary -- voluntary contributions or donations
made by the developer must be received by the county before the issuance of a Certificate of
Occupancy.
CHAIRMAN COLETTA: We have a speaker. I see.
COMMISSIONER COYLE: Would that work? Because you're saying that it's a
voluntary donation. Any voluntary donation must be received by the county prior to the
issuance of a Certificate of Occupancy.
MR. PETTIT: That works also.
COMMISSIONER COYLE: Okay. And I think -- Commissioner Henning, does
that meet your requirements?
COMMISSIONER HENNING: No, because what about if somebody wants to
make a donation after CO? I mean, I think what the county attorney provided really hits a
concern and critic ism.
I also do have one other thing, too, which is -- I think Commissioner Halas has said
it several times -- the gap housing or in the resolution it says 150 percent below medium
wage, medium people income. Well, there's enough of that on the market now, and I think
that should be lowered substantially.
CHAIRMAN COLETTA: Let's stick with the item that we are dealing with.
MS. KRUMBINE: Well, I think our -- Commissioner Henning, are you addressing
the different strategies and the income level for those strategies; is that what you're getting
at?
COMMISSIONER HENNING: Correct.
MS. KRUMBINE: Okay.
COMMISSIONER HENNING: Where the money goes, yeah.
MS. KRUMBINE: Okay. What we did was we -- what -- we tried to create
strategies and gear it to a population that might not - that is not being served through
current programs, because as I stated before, when we're taking state and federal dollars, it's
tied to -- it's got strings attached to it. You have to do it a certain way to a certain income
level, and this money coming through, it's locally grown, locally owned. So this way we
can start addressing some populations or strategies that we cannot address in other -- with
other venues.
COMMISSIONER HENNING: Well, I just agree with Commissioner Halas, is, we
don't have a problem in this category, so that's my two comments.
CHAIRMAN COLETTA: Okay. That's an interesting discussion you got going. In
other words, you think that we should take gap and reduce the amount of gap down from
150- to 120-; is that what you're saying?
COMMISSIONER HENNING: In this resolution where these funds can go.
Agenda Item NO.1 00
June 10. 2008
Page 22 of 33
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MS. KRUMBINE: What I would suggest is that what we have in the resolution is a
framework, and the resolution is designed so that once a year my office would come to you
and say, you know, let's say we have $2 million. You know, Commissioners, this is how we
suggest this year would be a good way to direct these -- this funding, and that gives a
flexibility so that if in two years' time the market spikes and then gap housing is a big issue,
then we don't have to go in and change the resolution. So we're going to still address it on
an annual basis to fit the needs of the market and the population for that year.
CHAIRMAN COLETI A: Okay. I'll tell you what. Let's take a minute and have the
speaker that we have come forward.
MS. FILSON: Michele Harrison. She may have left.
CHAIRMAN COLETTA: Okay. Okay. Thank you.
Commissioner Coyle, you're on again, or did you -- is that from before?
COMMISSIONER COYLE: Yeah. l'm really confused here. Let's start from the
beginning. Somebody comes in, they're looking for the approval of a rezone, a PUD, and
they say, we're willing to provide a hundred-thousand contribution for affordable housing.
And you say -- we say, okay, if that's what'd you like to do, that's fine, and we approve the
petition. Do we make it part of the approval that they have offered the
hundred-thousand-dollar donation? Does it become part of the approval process?
MR. PETTIT: Commissioner, I mean, I think we look at these as voluntary
donations, but I think they've been tracked and in some instances, maybe most -- and Joe,
you can speak to this better than me -- I think many of them have been written into the
PUDs.
COMMISSIONER COYLE: Okay.
MR. PETTIT: Now -- and I will tell you, addressing again, I think the concern
Commissioner Henning was getting at, I think what we have are voluntary donations.
lfwe say we're going to -- we would prefer that those be made before or at
Certificate of Occupancy, there's a reason for that. We're not mandating or saying that
somebody can't donate later.
But let me give you the practical issues. The finance director needs a way to kind of
know when these dollars are going to come in, and that's why we put this language in here.
But we also need to address, I think, the fact that it is a voluntary donation, and that's why I
want to try to address Commissioner Henning's point.
What Mr. Schmitt, I think, would tell you is, that once CO's issued, he has really no
way to kind of track it. Now, if somebody walks into his office and says, here, by the way,
that's what I should have -- you know, I was going to donate and I didn't get around to it,
here it is, I mean, I think that we'd have something in this resolution to deal with that
eventually.
It may make it a little harder on Ms. Kinzel and her staff to keep track of it when it
comes over, but frankly the obligation will be on Amy Patterson and her staff to take that
money and immediately get it to the clerk's office and get it deposited in this account
whenever it comes in. And I think this resolution says that.
COMMISSIONER COYLE: l'm still working further back than that. If somebody
says, I want to make a donation to the affordable housing trust fund, why can't that be made
part of their approval -- written into the approval document? They've volunteered it, we've
accepted it, and if -- otherwise it doesn't work because people can just walk in and say, l'm
going to donate $100,000 to the trust fund and then you never hear from them again. We've
Agenda Item NO.1 OD
June 10, 2008
Page 23 of 33
got it on our books, we expect to have it, we've included it in our projections for funding,
and we don't have it and we're never going to get it.
MR. SCHMITT: Commissioner, when the -- at the rezoning, if that applicant makes
that offer, it is written in, for the past -- at least for the recent past we've been writing in the
date at CO.
COMMISSIONER COYLE: Okay. So you've got it written down and it becomes
an obligation?
MR. SCHMITT: And the wording usually is at CO because it -- I collect money
primarily at two points. One at issuing of building pel1l1it. That's when they pay impact
fees. To make this less onerous on the applicant -- because the building -- paying the
building permit fees and impact fees at building pel1l1it, this may be an eight, nine, 10, 12
months later CO, and it becomes [mancially less onerous.
We've said, okay, we'll take the contribution at the point of CO, because at CO they
also pay me any reinspection fees or any other type of fees that are owed basically to close
out the account. After that -- and we do have some here that pay a closing. Some of the
earlier contributions they pay at closing. I can only depend on, rrankly, the honest person
out there to say, here's my money, we just had closings.
COMMISSIONER COYLE: Okay. Well, wait a minute. If it's an obligation--
MR. SCHMITT: Yes.
COMMISSIONER COYLE: -- you have a -- you have the capability of enforcing it.
MR. SCHMITT: That's correct.
COMMISSIONER COYLE: You don't have to depend upon just their good word.
MR. SCHMITT: But--
COMMISSIONER COYLE: You've got it written into the docwnent.
MR. SCHMITT: The recent ones we've written into the docwnent at co.
COMMISSIONER COYLE: Now, once you've written it into the document, it
becomes an obligation.
MR. SCHMITT: That's correct.
COMMISSIONER COYLE: It is no longer voluntary.
MR. SCHMITT: That's correct.
COMMISSIONER COYLE: If you don't have a collection date, then it is
unenforceable. So we have to have a date by which they should pay their obligation. The
contribution is voluntary in the heginning, but once they have made it and we have approved
their petition, it becomes an obligation.
MR. SCHMITT: Right.
COMMISSIONER COYLE: And that obligation then must be paid by CO, by the
time of CO.
MR. SCHMITT: That's what we write in. We put the--
COMMISSIONER COYLE: That should be the procedure, otherwise it's an
unenforceable process.
MR. SCHMITT: Correct.
COMMISSIONER COYLE: And you'll never know when you're going to get it, if
ever.
MR. SCHMITT: Agree.
COMMISSIONER HENNING: May I make a suggestion?
CHAIRMAN COLETTA: Go ahead, Commissioner Henning. Then we'll go to Mr.
Agenda Item NO.1 00
June 10,2008
Page 24 of 33
.-
Weigel.
COMMISSIONER HENNING: Thank you. Instead of putting it in the PUD, I
mean, the board has to approve moneys anyways. It could be a separate item on the consent
agenda, and that way it's -- it's out of the PUD.
MR. SCHMITT: It's usually part of the series of stipulations or they --
COMMISSIONER HENNING: Well, yeah. It's a stipulation, yes. And you said it
exactly.
MR. SCHMITT: Well, I mean, when -- it's part of that series of either stipulations
that they've agreed to or they consent to agree to certain contributions, just like a developer's
cooperation agreement or donating ofland or right-of-way. All those kind of things are
spelled out in -- at rezoning here either at the dais and then the board agrees and that's what's
written into the PUD, and that's what's enforceable.
CHAIRMAN HENNING: Yeah, and Mr. Schmitt, I don't have a problem with that
if the board adopts a rational nexus, because it comes out of a realm into, this is a demand on
the road or demand on the water or whatever. You have that rational nexus.
We don't have that rational nexus with affordable housing. At least the board hasn't
adopted it. So that's why I'm suggesting of accepting that contribution, donation, on the
regular agenda.
MR. SCHMITT: I defer to the county attorney.
CHAIRMAN COLETTA: l'm sorry, before you say another word, Mr. Weigel's
waiting very patiently.
Mr. Weigel?
MR. WEIGEL: Well, I was just going to add that the resolution, remember, is
different than an ordinance. And when you're talking about a PUD, that's an ordinance, and'
that is a law, and it is within the law that you typically have sanctions or things of that
nature.
Joe Schmitt's discussion was in terms of something happening by a CO or time of
application for CO. l'm not sure it went on to state that if something is not done, then the
CO doesn't issue, But it appears that, you know, that is a sanction or the carrot and stick
that's within the law, which is the ordinance, the PUD ordinance.
What Mr. Pettit's brought forward is a resolution which is really just a policy
document, and among -- beyond being a policy document, it attempts to provide a clear
direction for both the board and for the -- for the custodian of funds to receive monies, and
perhaps we are trying to put a little more -- make that resolution carry a little more weight
than it needs to or should. That's all I was going to say.
CHAIRMAN COLETTA: l'm going to go back to commissioner -- excuse me for
getting in front of you, Donna.
COMMISSIONER FIALA: That's right, that's right.
CHAIRMAN COLETTA: I'm going to go back to you, Commissioner Coyle. This
was your motion. See if there's something you want to do to change it, and then we're going
to hear from the rest ofthe commissioners and we'll take a vote on it.
COMMISSIONER COYLE: I'll just repeat the motion. I think the motion should
say that the voluntary -- the document should say that the voluntary donation will become
part of the ordinance approving the petition and that the payment ofthe voluntary donation
will be made before a Certificate of Occupancy is issued, end of story.
CHAIRMAN COLETTA: Okay. And l'1I--
~
Agenda Item NO.1 00
June 10, 2008
Page 25 of 33
COMMISSIONER HALAS: You've got a second on that, right?
CHAIRMAN COLETTA: You're it.
COMMISSIONER HALAS: Okay.
CHAIRMAN COLETTA: Okay. Now just -- is that correct?
COMMISSIONER FIALA: I had a question.
CHAIRMAN COLETTA: No, we're coming right to you.
COMMISSIONER FIALA: Yeah.
CHAIRMAN COLETTA: Let me just make sure. What you have now from
Commissioner Coyle, who is the maker of the motion, is there enough legal sufficiency in
that to be able to cover what we want to do?
MR. PETTIT: Well, with all due respect, Commissioner Coyle, rm going to echo
something Mr. Weigel said. I think the purpose of this resolution was to simply provide
staff a method to get the money and to set forth guidelines approved by the board to spend
the money and then give the clerk this document to test against when the staff came over
and said, we need to write a check for this or that, and the clerk could then look at the board
actions that are contemplated in the reso. and the staff -- and say, yeah, this is for this kind of
an expenditure and the board approved it at the annual budget and also approved this
contract. We can release this money, because that's the clerk's function to do that preaudit
function on the expenditures.
I guess rm thinking that we're going beyond where the resolution was intended to
go.
COMMISSIONER COYLE: Then let me rephrase it. Let's suppose we change that
wording to say that the donation shall be made before a Certificate of Occupancy was issued
and leave out the phrase, or at the time, because it really means the same thing. You're not
going to be able to issue a Certificate of Occupancy and receive funds simultaneously at the
exact second.
CHAIRMAN COLETTA: Okay. Commissioner Fiala.
COMMISSIONER FIALA: This wasn't my question. I just wanted to ask, but was
the word shall -- does that contradict donation?
COMMISSIONER COYLE: No. Shall only says that you shall pay it before the
Certificate of Occupancy is issued. If you don't have that there, then they don't have any
obligation to ever pay you and you have no way of getting the money that was promised to
you.
COMMISSIONER FIALA: Okay.
COMMISSIONER COYLE: And we're depending upon that, obviously, for some
reason.
COMMISSIONER FIALA: I just wanted to clear that up.
COMMISSIONER COYLE: It doesn't have anything to do with the voluntary
donation. It just merely says that if you've made a voluntary donation, you've got to pay it
before the Certificate of Occupancy will be issued.
CHAIRMAN COLETTA: A donation is no different than making promises to build
a hedge, put up a fence.
COMMISSIONER FIALA: I don't have a problem with it. I don't have a problem
with it.
CHAIRMAN COLETTA: It's coming across there in such a way, but I guess we've
just got to get past the point where the county attorney feels comfortable.
Agenda Item NO.1 00
June 10, 2008
Page 26 of 33
COMMISSIONER FIALA: My question is -- off the subject a little bit. l'm still
back with what the composition of this thing is, and it says that this money can be used for
mitigation uses for members of the community eligible for workforce housing. Does that
mean if a developer comes in and he's going to build workforce housing that he can take
money from this fund to mitigate his lands?
MR. MUDD: Commissioner, it could if you decide you want to approve that, but
he's not going to get anything out of this fund until you approve it, and you have a list of
options that you can use, and that's what Marcy was getting at. Don't throw out your
options, and she's going to basically walk up to you and say, okay, we have this request to
do blankety-blank, and the inventory looks like we're at the low end, we need more housing
than we do at the higher end of the side of the house, and here's an opportunity.
Commissioners, what do you want to do, and provide us that guidance.
We're -- Crystal's not going to give any money out of this thing until this board says
this is what they want to spend it on. And that -- and that behooves us after you did this
resolution.
COMMISSIONER COYLE: She's probably going to sue us because we collect it.
CHAIRMAN COLETI A: Mr. Pettit, the words you got now, does that make it or
we still short?
MR. PETTIT: Well, that really was how the resolution was essentially drafted that
way to begin with.
CHAIRMAN COLETI A: So we're there.
COMMISSIONER HALAS: I'm satisfied.
CHAIRMAN COLETTA: Well, let's hear the attorney's statements.
MR. PETTIT: And so -- yeah, I drafted it that way originally.
CHAIRMAN COLETTA: Great, good work. See, we finally got to where you
were.
r
MR. PETTIT: I think I had -- I think I said that, so --
CHAIRMAN COLETI A: Okay.
MR. PETTIT: I have a couple other things I need to get on the record, I think, on
this before you vote on it, l'm sorry, but --
CHAIRMAN COLETTA: No, go ahead, sir.
MR. PETTIT: Two issues. One is that in the executive summary we can refer to the
exhibit reflecting all of the donations promised so far. And l've got an updated exhibit that I
would put on this resolution. The actual number now is well in excess ofthe 6,984,000
number that you had. It's now $7,340,938.
And so I would change that chart, that exhibit, out to put the most recent exhibit I
got from Ms. Patterson and her group.
The second thing is, you need to be aware -- and I need to say this -- that the clerk's
attorney advised me today that he believes that the provision in this resolution which
provides for the board to receive or return the interest earned on this fund back to the fund in
order to continue to augment and use the monies for affordable housing purposes is
inconsistent with law, and I think you need to know that before you vote. I think you need
to know that our office is in disagreement with that interpretation from the clerk's attorney.
And I would note that historically, at least since MayoI' 2002, my understanding is,
from county manager and other sources, that the clerk has returned interest earned on these
interest-bearing accounts to the county to be used in accordance with either other applicable
Agenda Item NO.1 00
June 10, 2008
Page 27 of 33
ordinances or statutes or as this board directed. And in fact, on that date, May 14, 2002, the
clerk seemed to indicated that he had no ability to use that interest.
And so I just -- I report those things to you. I think you need to be aware of it befofe
you vote. But our position is that the interest -- we can direct in this resolution an interest to
be returned to this fund, and it would be no different than the fact, fOf example, that interest
is returned to, I think, the building fund that Mr. Schmitt has for building permits. Now,
that's by statute, not resolution, but this is board money once the board receives the
donation. That's my logic, at least.
CHAIRMAN COLETTA: Okay. But as far as our motion goes, there's nothing
here we have to be overly concerned with?
MR. PETTIT: Well, I can only tell you, I just reported that the clerk's attorney
disagrees --
CHAIRMAN COLETTA: Okay. We--
MR. PETTIT: -- with the legal consistency of that interest provision.
CHAIRMAN COLETTA: Okay. And with that, any other comments?
(No response.)
CHAIRMAN COLETTA: All those in favor of the motion, indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN COLETTA: Opposed?
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Let the record show that Commissioner Henning was in
opposition.
Agenda Item No. 10D
June 10, 2008
Page 28 of 33
Item #6C
PUBLIC PETITION BY TIM BARONE TO DISCUSS IMPACT FEES AT THE
WOLFE APARTMENTS, 4590, 4610, 4630, 4650 16TH PLACE SW, NAPLES, FL
34 116 - DISCUSSED
(
MR. MUDD: Commissioner, the next public petition is 6C, and that's a request by
Tim Barone to discuss impact fees at the Wolfe Apartments, 4590, 4610, 4630, 4650 16th
Place Southwest, Naples, Florida, 34116.
UNIDENTIFIED SPEAKER: Tim just stepped out to use the rest room.
CHAIRMAN COLETTA: Well, I'll tell you what, let's take a IO-minute break.
We'll be right back.
(A briefrecess was had.)
MR. MUDD: Ladies and gentlemen, if you'd please take your seats.
Commissioners, you have a hot mike.
Commissioners, this is a public petition, number C. It was a request by Jim (sic)
Barone to discuss impact fees at Wolfe Apartments.
MR. BARONE: Commissioners, and it's Tim Barone, please.
1'd first like to say that St. Matthew's House is not setting a precedent. The county has
already committed to assist non-for-profits in payment of their impact fees or deferment, and
efforts have been made to set up specific funds solely to address this issue.
Now, the address 1'm referring to is Wolfe Apartments in -- 4590, 4610, 4630, and
4650 at 16th Place Southwest in Naples. It's in Golden Gate and in Commissioner
Henning's district.
Currently it is the only provider of affordable housing for permanent -- affordable
permanent housing, excuse me, for disabled individuals in Collier County. In addition, it
offers below-market transitional housing for individuals and families who are stricken by
homelessness.
People are also referred to us not only from St. Matthew's House, but from other
agencies in the county. For instance, the Shelter for Abused Women and Children, we do
receive clients from them as wcll.
In addition, we have been working closely with the Federal Human Trafficking
Authority and housing victims of human trafficking, and that has been a great program that
we never thought we'd get into, but they found us. So we've been protecting them, and it's
been, you know, a wonderful relationship thus far.
But what it comes down to was, is our initial pro forma, when we started the Wolfe
Apartments, did show us having a modest income, modest net profit, that would help sustain
St. Matthew's House in underwriting the costs. Unfortunately, after some revelations of the
contract we had with HUD and current economic conditions, we are experiencing a net loss.
And we -- for the near future, we are predicting that we will continue to have a net loss;
however, we are in the process of addressing this issue and taking this -- the necessary steps
to correct this.
We would first like to ask the county and the commissioners to partner with the
8,000 individuals that have supported this project, to help pay off these impact fees with
designated funds. If this cannot be done, we do request that 100 percent of these fees are
deferred.
Agenda Item NO.1 OD
June 10, 2008
Page 29 of 33
That's all I have.
CHAIRMAN COLETTA: I appreciate you being here today. We have
Commissioner Henning's light on, so we're going to -- Commissioner Henning's the
commissioner for that district. We're going to have him go first.
MR. BARONE: Okay.
COMMISSIONER HENNING: Sir, if you're the only one that provides housing for
the homeless, what does First Assernbly of God do?
MR. BARONE: No, this is just for housing -- permanent housing for disabled
individuals. We're the only people in the county that provide that.
COMMISSIONER HENNING: Okay. And First Assembly does not do that?
MR. BARONE: To my knowledge? I don't know.
COMMISSIONER HENNING: Okay. Now, the impact fees were deferred.
MR. BARONE: Uh-huh.
COMMISSIONER HENNING: So we already did defer the impact fees. What it is,
the agreement that you had with the Board of Commissioners, you're asking for us to change
that agreement?
MR. BARONE: Correct.
COMMISSIONER HENNING: Okay. So are you asking for us to further defer it,
waive it, or what? I'm not sure,
MR. BARONE: Well, ultimately we would, you know, it would be in our best
interests if they were waived. Two hundred and eighty-eight -- two hundred eighty-nine
thousand dollars hitting us in April could make the project unsuccessful and us --
COMMISSIONER HENNING: Okay.
MR. BARONE: If we do pay that, we would have to --
COMMISSIONER HENNING: So you want a gift?
MR. BARONE: A gift? Yes, that -- obviously that that would be in -- the best for
us; however, we understand that may not be possible, so we do have to ask, however, a
deferment would, again, help us have the time to save the money to pay it off once that
deferment meets again.
COMMISSIONER HENNING: So you're asking for us to further defer it?
MR. BARONE: Uh-huh.
COMMISSIONER HENNING: Okay. Not waive it? You're asking us to further
defer?
MR. BARONE: Well, I am requesting a waiver--
COMMISSIONER HENNING: Okay.
MR. BARONE: -- however, if that waiver cannot be met, the second alternative,
which is probably the more realistic one, is for a deferment.
COMMISSIONER HENNING: Well, thank you. Well, you know, my position is,
impact fees are going to be hard to come by to build the necessary infrastructure for the next
two years, maybe more. I don't know. We just don't know that. And an agreement is an
agreement. And I would like to see the board stick to the agreement.
CHAIRMAN COLETTA: Let's go to Commissioner Fiala, and we'll come back to
you at that time, Commissioner Henning, if you've got some further comments.
COMMISSIONER FIALA: I had a mistaken, I guess, idea of Wolfe Apartments.
And when -- I remember when they opened, I went to the opening and I thought it was for
people who had gone through the program over at St. Matt's and were on their way to the
Agenda Item NO.1 OD
June 10,2008
Page 30 of 33
next step forward getting into the community and so forth, and I didn't realize it had changed
its -- now you house disabled people?
MR. BARONE: Well, with the agreement we had with HOD, we received a
construction loan from them for $500,000, and within that agreement, we had to dedicate
one building for the housing of -- permanent housing for disabled individuals. We have the
three other buildings that we use for the original purpose and intent of housing -- for
transitional housing for people on the road to recovery. And, you know, for -- it's part of the
St. Matthew's House program. It is the apex of that program. And we do receive, like I said
before, clients from other agencies. So we aren't specifically isolated to St. Matthew's
House residents.
COMMISSIONER FIALA: That was -- I thought it was an admirable program to
give them a way to move forward. I didn't realize that it changed a little bit. And how much
how longer did you want to defer this?
MR. BARONE: I think a reasonable time period would be 10 years, five to 10
years.
,.--.
i
COMMISSIONER FIALA: And you've already had six years, right?
MR. BARONE: 2002, five years. Yeah, six years in '08.
COMMISSIONER FIALA: Okay.
CHAIRMAN COLETTA: Yep.
COMMISSIONER FIALA: That's all I wanted to know.
CHAIRMAN COLETTA: Yeah. If! may, l'd like to ask JeffK1atzkow if he'd
come up for just a moment. I have some questions, sir. I think this is a needed facility. I
mean, Commissioner Henning's right, you know. We don't want it to be a gift. And a gift
would be if we forgave it outright. We can't forgive it outright for you without forgiving it
outright for everyone. And there isn't enough money in the county treasury to do that.
However, with that said, we can recognize this as a nonprofit charity that has made
-- is making improvements to the infrastructure to be able to support elements out there, and
that would be from that $100,000 that we would have in reserve from impact fee interest
that we use every year to offset impact fees into that point in time.
Now, the way that program's set up is that it would go for the life of the building as
long as it did not change. If the use stayed the same for another 30 years -- and Jeff will
correct me on this if l'm wrong -- that deferment or -- would be -- would last that point in
time. If the building use has changed or you sold it to a private interest or something else
took place, then all the impact fees would be due at that point in time.
Now, I don't know if that's possible. But can you tell me if that would be an option
that would be available to us, Jeff?
MR. KLATZKOW: Yes, sir. Just a couple things. One, the actual amount of
impact fees that are owed are really 178,000. They're not 288-. That was an error that we
made when we did the contract, so you owe a lot less than you thought you owed.
And the other good news really is that this isn't due until June, 2008 anyway, which
gives us an awful lot of time here to see if we can't do something. I know that St. Matthew's
is eligible for a number of different grant programs, and it could be that they get one grant
from one area which frees up money to payoff the impact fees here.
Now, Amy and I will be corning back to the board shortly for discussion on the
charitable impact fee waivers, and at that point in time we'll have several suggestions for the
board. The board can weigh to see where they want that program to go, and it could be we
Agenda Item NO.1 OD
June 10, 2008
Page 31 of 33
will be able to take monies out of that program ultimately for this if that's board direction.
So we have a lot of time to work on this and, you know, depending upon what the
board wants to do, I think there will be options.
CHAIRMAN COLETTA: Well, I like that idea, Jeff. The only thing is, I don't want
to get limited to anyone particular direction. I'd like to have a menu to pick from.
MR. KLATZKOW: We'll give you a Chinese menu of different things that the
board might want to choose from.
CHAIRMAN COLETTA: Okay. I'm not partial to Wonton Soup, but the rest of it
sounds good.
Commissioner Halas?
COMMISSIONER HALAS: Yes. What efforts have you made to pay off the
$178,000?
CHAIRMAN COLETTA: It's not due yet.
COMMISSIONER HALAS: Well, it's not due, but they should be putting some
money into escrow.
MR. BARONE: As that is a very, you know, intelligent and mindful business
practice, we are -- we do have that on our agenda. Weare attempting to save money that --
any money that we can.
COMMISSIONER HALAS: Well, you haven't done anything as far as putting
money into escrow since these buildings have been put up originally?
MR. BARONE: Well, from -- from the beginning, you know, with original pro
forma, we're expecting to receive some profit from this building, some net profit.
COMMISSIONER HALAS: What about grants?
MR. BARONE: I'm sorry?
COMMISSIONER HALAS: What about grants?
MR. BARONE: Grants? That's part of what our plan -- our next plan is going to be
is we are -- we have been working diligently to look for more grants to help supplement the
subsidized loss we're receiving from the HUD building.
And we are going -- we do have board-designated funds that we could use in
emergency to help pay these funds if it came to that. You know, we're not totally out of it,
but it would -- what it's going to -- what will happen is that we'll just be in that much of a
space where it's going to be putting a lot of pressure on the board to consider, is this a viable
project for St. Matthew's House to continue? Is it going to be hurting us more than it is
helping us?
COMMISSIONER HALAS: Well, I think that right from the get-go you should
have had a good business plan so that you realize that eventually there was going to be a
time when you were going to have to make restitution on these fees.
So I -- I think that it's going to be difficult for me to go in the direction of extending
this because I can see this probably -- you asked for us to extend it anywhere from five to 10
years. I can see that this will be a continuation, that your business plan didn't put this into the
equation as far as what needed to be addressed and when it needed to be addressed, that
there was a timeline.
CHAIRMAN COLETTA: You know, you brought up some good points but I don't
think that we know enough about the business plan to be able to make any rash decisions
today. I think this is an item that should come back for some consideration. At that point in
time, if it doesn't reach the point of justification, this commission can pass over it and go on
Agenda Item NO.1 00
June 10, 2008
Page 32 of 33
to other items. But I hope that this commission will agree that we can at least have it as part
of the discussion when Jeff Klatzkow brings back the -- what is that, the--
MR. KLATZKOW: Charitable.
CHAIRMAN COLETI A: -- charitable waivers from the impact fee and some of
the changes that are going to take place, just for consideration purposes. Of course, we need
three commissioners at this point in time to allow that to happen, and we could probably do
it with just a simple nod of the head if we can get three nods to do it.
COMMISSIONER FIALA: I'll do it.
CHAIRMAN COLETIA: Okay. Well, I see two. If! could count Commissioner
Fiala twice, I'd be there. Well, we're missing a commissioner, too. I can't tell you what may
happen. This mayor may not come back again in another time fot further discussion. But
we thank you very much for being here today.
MR. BARONE: Thank you, Chairman; thank you, Commissioners.
CHAIRMAN COLETTA: Don't give up the faith.
MR. BARONE: I won't.
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Item Number:
Item Summary:
Meeting Date:
Page I of 1
Agenda Item NO.1 OD
June 10, 2008
Page 33 of 33
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10D
Obtain direction from the Board of County Commissioners in response to Item 68 from the
May 27,2008 Board of County Commissioners meeting, a public petition request by Mr
Vann Ellison to discuss relief of an eXisting impact fee deferral in the amount of $178,14972
for Wolfe Apartments. (Marcy Krumbine, Director. Housing and Human Services)
6/10/20089.0000 AM
Prepared By
Frank Ramsey
Public Services
SHIP Program Coordinator
Date
Housing and Human Services
51301200811:45:36 AM
Approved By
Amy Patterson
Community Development &
Environmental Services
Impact Fee Manager
Date
Financial Admin. & Housing
5130120083:39 PM
Approved By
Marcy Krumbine
Public Services
Director
Date
Housing & Human Services
5130120083:52 PM
Approved By
Marla Ramsey
Public Services
Public Services Administrator
Date
Public Services Admin.
6/2/20084:39 PM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Date
Office of Management & Budget
613/20088:45 AM
Approved By
Sherry Pryor
County Manager's Office
Management & Budget Analyst
Date
Office of Management & Budget
613120084:16 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
613120085:23 PM
file:l/C:\AgendaTest\Export\ I 09-June%20 1 0,%202008\ 10. %20COUNTY%20MANAGER%... 6/4/2008