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Agenda 09/09-10/2008 Item #17F N~G NO I M I' EXECUTIVE SUMMARY SEP (}~) ?na~ ;FQ l-ct-~ i Recommendation that the Board of County Commissioners adopi- a~ -(f;iffiilrnce~h.hend Chapter 49 of the Collier County Code of Laws and Ordinances in order to extend the sunset date of the Fee Payment Assistance Program, the Property Tax Stimnlns Program, the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program from the current date of October 1, 2008 to October 1, 2013 in accordance with the request by the Economic Development Council of Collier County and prior direction of the Board of County Commissioners OBJECTIVE: That the Board of County Commissioners (Board) adopt an Ordinance amending Chapter 49 of the Collier County Code of Laws and Ordinances in order to extend the sunset date of the Fee Payment Assistance Program, the Property Tax Stimulus Program, the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program from the current date of October I, 2008 to October 1, 20 I 3 in accordance with the request of the Economic Development Council of Collier County and prior direction of the Board of County Commissioners. CONSIDERATIONS: On November 18, 2003, the Board adopted Ordinance No. 2003-59, as amended which established the Advance Broadband Infrastructure Investment Program, Ordinance No. 2003-60, as amended, which established the Job Creation Investment Program, Ordinance No. 2003- 6], as amended, which established the Fee Payment Assistance Program and Ordinance No. 2003-62, as amended, which established the Property Tax Stimulus Program. These programs are intended to: (I) 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, relocation costs, etc.; (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. Each of the above Ordinances contains provisions for an automatic sunset on October I, 2008 "unless continued by a vote of the Board of County Commissioners prior to this date." The Economic Development Council of Collier County has requested that the sunset date for each of the Economic Incentive Programs above be extended to October 1,20] 3. On July 22, 2008, the Board approved that request through Item l6(A) (9). Once approved, the attached Ordinance amendment will provide for the change in the sunset date to be codified in accordance with the Board's direction. FISCAL IMPACT: The Fiscal Year 2008 budget for the local Economic Incentive Programs is $1.147 million. The proposed local incentive budget to begin Fiscal Year 2009 is $255,300. The Board of County Commissioners establishes the level of funding that will be allocated to the local Economic Incentive Programs. The extension of the sunset date allows for the Programs to remain active but does not guarantee funding. AGENDAITE ~ r No. ':. SEP I). C7. 2nOR , P" a *r" .._ "-' ===._~,,--..._ J GROWTH MANAGEMENT IMPACT: This request is consistent with Objecti~~ 3"(;fth~-Etonomic Element of the Collier County Growth Management Plan which states: "Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversifY the County's economic base." LEGAL CONSIDERATIONS: The County Attorney has reviewed this proposed Ordinance amendment, and finds it legally sufficient for Board action. -JAK RECOMMENDATION: That the Board of County Commissioners adopt an Ordinance amending Chapter 49 of the Collier County Code of Laws and Ordinances in order to extend the sunset date of the Fee Payment Assistance Program, the Property Tax Stimulus Program, the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program from the current date of October 1, 2008 to October 1,2013 in accordance with the request of the Economic Development Council of Collier County and prior direction of the Board of County Commissioners. Prepared by: Amy Patterson, Impact FeelEconomic Development Manager Business Management and Budget Office, CDES NAGENDA ITE o..___~._ p SEF : '. , ?fiW, 1"9_ -3 tf S'-~ ~'''''"'''<''''' .....--.........- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS of"'--- COLLIER COUNTY, FLORIDA, AMENDING (1) ORDINANCE NO. 2003- 59, WHICH ESTABLISHED AN ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT PROGRAM; (2) ORDINANCE NO. 2003-60, WHICH ESTABLISHED A JOB CREATION INVESTMENT PROGRAM: (3) ORDINANCE NO. 2003-61, WHICH ESTABLISHED A FEE PAYMENT ASSISTANCE PROGRAM; AND (4) ORDINANCE NO. 2003-62, WHICH ESTABLISHED A PROPERTY TAX STIMULUS PROGRAM, ALL OF WHICH ARE CODIFIED IN ARTICLES II THROUGH V OF CHAPTER 49 OF THE COLLiER COUNTY CODE OF LAWS AND ORDINANCES, IN ORDER TO EXTEND THE SUNSET DATE FOR EACH PROGRAM FROM OCTOBER 1, 2008 TO OCTOBER 1, 2013; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 2008- WHEREAS, on November 18, 2003, the Board of County Commissioners of Collier County, Florida, adopted Ordinance No. 2003-59, which established an Advanced Broadband Infrastructure Investment Program; Ordinance No. 2003-60, which established a Job Creation Investment Program; Ordinance No. 2003-61, which established a Fee Payment Assistance Program; and Ordinance No. 2003-62, which established a Property Tax Stimulus Program; and WHEREAS, these four incentive programs are intended to: (1) provide performance-based programs offering financial relief for eiigible targeted industry development or expansion projects in Collier County to mitigate the effects of rising development/relocation costs; (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; and WHEREAS, on July 22, 2008, the Board of County Commissioners, in order to increase access to economic incentives for local businesses that are considering expanding or relocating in Collier County, and based on the recommendation of the Economic Development Council of Collier Page 1 oD Underlined text is added; struel, thrsligh text is deleted. AG ITEM o County, directed that the date for the sunset for each of the incentive programs be e' t:nde~ltorR. ~J 2f!~' i Pg__~Vf_y__. . October 1,2008 to October 1,20]3. - " -------"-- NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE. Article 11, Fee Payment Assistance Program, Section 49-24, Implementation. of the Collier County Code of Laws and Ordinances, is hereby amended to read as follows: Section 49-24. Implementation *** (c) Temtlnation. The provisions of this article will expire and be void on October I, ;wG& 2013, unless continued by a '<'ete resolution of the board of county commission prior to this date. SECTION TWO. Article 1lI, Job Creation Investment Program, Section 49-34, Implementation. of the Collier County Code of Laws and Ordinances, is hereby amended to read as follows: Section 49-34. Implementation *** (d) Termination. The provisions of this article will expire and be void on October I, ;wG& 2013, unless continued by a '<'ete resolution of the board of county commission prior to this date. SECTION THREE. Article IV, Property Tax Stimulus Program, Section 49-44, Implementation. of the Collier County Code of Laws and Ordinances, is hereby amended to read as follows: Section 49-44. Implementation *** (I) Termination. The provisions of this article will expire and be void on October I, ;wG& 2013, unless continued by a '<'ete resolution of the board of county commission prior to this date criteria. Page 2 00 Underlined text is added; s\rnok lI1rBUgh text is deleted. SECTION FOUR. AGENDAITE I ~ 1\10.._ ......__.__~__"". 'I p~ SEF t;'ofIIL- ! Article V, Advanced Broadband Infrastrucm, -J'ijOOli~m, Section 49-54, Implementation. of the Collier County Code of Laws and Ordinances, is hereby amended to read as follows: Section 49-54. Implementation *u (f) Termination. The provisions of this article will expire and be void on October 1, ~ 2013. unless continued by a '>'6le resolution of the board of county commission prior to this date. SECTION FIVE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the ordinances may be re-numbered or re-Iettered 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 be effecti ve upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _ day of ,2008. ATTEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: . Deputy Clerk TOM HENNING, CHAIRMAN App and orm Jeffre Count Page 3 of3 Underiined text is added; stmek through text is deleted.