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Agenda 05/13/2008 Item # 8A Agenda Item No, 8A May 13. 2008 Page 1 of 8 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners consider adopting an Ordinance amending the Collier County Consolidated Impact Fee Ordinance, which is Chapter 74 of the Collier County Code of Laws and Ordinances, by incorporating the directed changes to the Charitable Organization Impact Fee Deferral Program OBJECTIVE: That the Board of County Commissioners (Board) consider adopting an Ordinance amending the Collier County Consolidated Impact Fee Ordinance, which is Chapter 74 of the Collier County Code of Laws and Ordinances, by incOlporating the directed changes to the Charitable Organization Impact Fee Deferral Program, CONSIDERATIONS: On October 9, 2001, the Board adopted Ordinance No, 2001-54, amending Chapter 74 of the Collier County Code of Laws and Ordinances (Code), to establish a program authorizing waivers from payments of impact fees for specified tax exempted, not-for-profit, charitable entities that provide specified services of substantial benefit to low income residents of Collier County (Charitable Organization Waiver Program), On June 28, 2005, the Board adopted Ordinance No, 2005-31, amending Section 74- 203(i) of the Code, to provide an increase in the maximum waiver for which an applicant is eligible as well as the annual budget for the program, These provisions allowed for an impact fee waiver for qualifying applicants of an amount not-to-exceed $100,000 per applicant The cumulative total of waivers that may be granted per fiscal year is limited to $200,000, On April 10, 2007, the Board considered a request by Collier Health Services, IncOlporated to participate in the Charitable Organization Waiver Program (Item lOA), During the discussion related to the item, the Board directed the County Manager (or his designee) in coordination with the County Attorney's Office to revise Section 74-203(i) of the Code, changing the waiver program to a deferral program for specified charitable organizations. The directed changes would allow the applicable impact fees to be deferred so long as the Charitable Entity utilizes the subject premises in the manner set forth in the application, Should the stated use end or should the Charitable Entity lose its status which qualified it for eligibility under the Charitable Organization Impact Fee Deferral Program, then the deferral period would end, and the full impact fees would be due and owing. In accordance with the direction above, the Board adopted Ordinance No, 2007-57 on June 26, 2007, which incorporated the specified changes to the program, The Ordinance has a delayed effective date of January I, 2008, however, each Charitable Organization that applies for the program is advised that their applicable impact fees will be deferred, if approved by the Board, rather than waived, The agreement prepared by the County Agenda Item No, SA May 13. 2008 Page 2 of S Attorney's Office also reflects a deferral of impact fees as well as the terms required to maintain the deferral. On September 25, 2007 during the consideration of item lOG, which was a request for a Charitable Organization Impact Fee Deferral by Fun Time Early Childhood Academy, Incorporated, the Board discussed developing a strategy for repayment of the deferrals, The Board specified that options developed for the repayment should not adversely effect the organization and directed the County Manager to have staff prepare alternatives for the Board's future consideration, This direction was further reiterated on October 9, 2007 during the discussions on item 6C related to the St Matthew's House Wolfe Apartments, During the regular Board of County Commissioners meeting on November 11, 2007, the Board directed that the proposed changes to the Charitable Organization Impact Fee Deferral Program be reviewed by the Productivity Committee and their recommendations be provided to the Board, The Productivity Committee assigned a sub-committee to review this matter which met on December 6, 2007, This issue was also discussed by the full Productivity Committee at their regular meeting on December 12, 2007, On February 26, 2008, the Board directed the County Manager (or his designee) and the County Attorney to amend the provisions of the Charitable Organization Impact Fee Deferral Program to incorporate the following changes: 1, Eligibility: The deferral program will continue with the original intent to provide services of substantial benefit to very low and low income residents of Collier County at no charge or at reasonable, reduced rates, However, religiously-affiliated organizations will be allowed to participate provided that the services are provided in a non-discriminatory manner. 2. Impact Fee Types Eligible for Deferral: Impact fee deferrals will not be granted for Water or Sewer Impact Fees, 3, Repavment: A straight deferral will be provided to the qualifYing entity for a specified period of time with the total impact fees due at the conclusion of the term, without interest A lien will be placed on the subject property, in the amount of the impact fees due, as security, 4, Residencv: Deferrals are available only to entities that solely provide services to citizens of the United States or legal aliens that permanently reside in the United States, The directed changes have been incorporated into the attached Ordinance amendment being presented for the Board's consideration, With respect to the provisions for repayment (#3 above), staff and the County Attorney's Office are recommending a term of 10 years for the deferral, which is consistent with the term for the Community Workforce Housing Innovation Program (CWHIP) and Affordable Rental Deferral Program, Agenda Item No, 8A May 13, 2008 Page 3 of 8 This item, which was to be heard April 22nd, was continued by the Board in part due to a concern of how to address the issue where entities which have been granted impact fee deferrals were required by new State or Federal mandates to provide services to persons who may not be legal residents, After reviewing the issue, the County Attorney suggested that in such an unlikely event, that the entity not be deemed to be in violation of the Ordinance or any lien agreement, and language to that effect has been added to the proposed ordinance, FISCAL IMPACT: The fiscal impact of this program is the loss of this prospective income to the impact fee trust funds for the term of the deferral agreement. The Program is limited to a total of $200,000 in deferrals per fiscal year, GROWTH MANAGEMENT IMPACT: The proposed changes to the Charitable Organization Impact Fee Deferral Program are consistent with Objective 4 (Nonprofit and Civic Organizations and Local Groups/Programs) of the Economic Element of Collier County's Growth Management Plan which states: "Collier County will support the economic development goals, efforts and community involvement of nonprofit organizations, civic associations and local groups and programs," LEGAL CONSIDERA nONS: The proposed changes to the Charitable Organization Impact Fee Deferral Program are legally sufficient for Board consideration and approval. RECOMMENDA nON: That the Board of County Commissioners consider adopting an Ordinance amending the Collier County Consolidated Impact Fee Ordinance, which is Chapter 74 of the Collier County Code of Laws and Ordinances, by incorporating the directed changes to the Charitable Organization Impact Fee Deferral Program, Prepared by: Amy Patterson, Impact Fee and Economic Development Manager Business Management and Budget Office, CDES Item Number: Item Summary: Meeting Date: Page I 0[2 Agenda Item No, 8A May 13, 2008 Page 4 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8A This item to be heard at 1 :00 p.m. This item contInued from the April 22, 2008 BeC Meeting. Recommendation that the Board of County Commissioners consider adopting an Ordinance amending the Collier County Consolidated Impact Fee Ordinance, which is Chapter 74 of the Collier County Code of Laws and Ordinances, by incorporating the directed changes to the Charitable Organization Impact Fee Deferral Program. 5/13/2008900:00 AM Prepared By Amy Patterson Community Development & Environmental Services Impact Fee Manager Date Financial Admin. & Housing 3/28/2008 11 :08:02 AM Approved By James W. Delany Public Utilities Public Utilities Administrator Date Public Utilities Administration 4/21200810:21 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 4/9/2008 8 :43 PM Approved By Garrett MuUee Community Development & Environmental Services Financial Operations Manager Date Financial Admin. & Housing 4/10/20088:02 AM Approved By Judy Puig Operations Analyst Community Development & Community Development & Environmental Services Environmental Services Admin. Date Approved By 5/1/2008 8:27 AM Jeff Klatzkow County Attorney Assistant County Attorney Date County Attorney Office 5/112008 1 :40 PM Approved By OMS Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 5/1120083:00 PM Approved By Susan Usher County Manager's Office Senior Management/Budget Analyst Date Office of Management & Budget 5/2/2008 2:05 PM file://C:\AgendaTest\Export\ I 07 -May%20 13,%202008\08, %20ADVER T1SED%20PUBLlC '" 517/2008 Page 20f2 Agenda Item No, SA May 13, 2008 Page 5 of S Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 5/5/2008 12:10 PM file:1/C :IAgendaT estlExportl 1 07 -May%20 13, %202008108, %20AD VER T1 SED%20PUBLIC ,,, 5/7/2008 ORDINANCE NO, 2008- Agenda Item No, SA May 13. 2008 Page 6 of 8 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO, 2001-13, AS AMENDED, KNOWN AS THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE; PROVIDING FOR CHANGES TO THE PROVISIONS RELATED TO IMPACT FEE DEFERRALS FOR SPECIFIED CHARITABLE ORGANIZATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County has used impact fees as a funding source for growth-related capital improvements for various facilities since 1978; and WHEREAS. on March 13,2001, the Board of County Commissioners adopted oroinance No, 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and superseding all of the County's then existing impact fee regulations. and consolidating all of the COWlty'S impact fee regulations into that one Ordinance. codified in Chapter 74 of the ColIier County Code of Laws and Ordinances (the "Code"); and WHEREAS. on February 26. 2008. the Board of County Commissioners directed that the provisions related to applicability, eligibility and repayment of impact fee deferrals for specified charitable organizations be amended; and WHEREAS, the. adoption of this Ordinance incorporates provisions that amend Section 74-203(i) of the Collier County Code of Laws and Ordinances related to charitable organizations by providing impact fee deferrals to qualified entities that (I Y provide services to indigent and low income residents of Collier County; (2) provide for a deferral tenn of 10 years, unless otherwise extended by the Board of County Commissioners; or (3) provide services to only citizens or legal residents of the United States. WHEREAS. this Ordinance specifies the types of impact fees that are not eligible for deferral, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article II. Impact Fees. Section 74-203. Use of funds, subsection (i) of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-203, Use offunlls, .** (i) Impact fee deferrals available to charitable organizations and charitable trusts. These impact feee deferrals are available only to eligible Ie not-for-profit, charitable entities as specified herein. The cumulative total of all not-far-profit deferrals in each of the cOWlty's fiscal years shall not exceed $200,000.00. lithe tetal ameWlt efimpaet fees aetef16a pHf6tiBBt t8 t:hese pre n.i.ns iR a !i..al Y.'" iBl.s.1lum $299.999,99 (.r iBl..s th... the high.r tole! I" lb. fwldiag aeeeLiflt fer that aseal)'eSf 8868tiSe sf }3aer SasH ean:y:.ng fen7BAl) seme af aR sf tfie SkHR af ffieBey Bet aeiSR'6d ean be eB.IF.i.ed feR, ard and tfleFeS) se aadea ta the $299,009.99, 18 a lRllldffilllll ..1..... .f $'09,999,99 fwldillg ,.r lb. "."tliB.al ye.., Impact fees collected by the ~textislllided;['Alellthr9I@htcxtjsdc:lcte<l .-.---rr-1-... -..-.., -."_._---~._."~ county for water. wastewater. educational facilities and fire impact fees shall not be deferred under these provisions. (1) Entities eligible for deferrals, These deferrals are available only to charitable. nol- for-profit entities that provide services of substantial benefit to low income or very low income residents of the county at no charge or at reasonable, reduced rates, and no part of the net earnings of the entity shall inure to the benefit of any private shareholder or individual. ami the eRtit:, eelHJ31iea ";:illi at least eBe sf the felle"l.'iRg: with oroof of the entity's not-for.orofit status and eli~bi1itv established to the County'S sole satisfaction. Deferrals are available only to entities that solelv orovide services to citizens of the United States or leli!:al aliens that nermanently reside in the United States. Proof of such must be established to the Countv's sole satisfaction. a. The emit, is eleaeRBeel iB sooBeetien 501 (C)(J) sf Cflapter 2~ ef ilia Uaitea States IBtemal Re :eRae Cede as a ee1'flerBtian, a. eemml.Hlity BRest:, a fiffia, aT a feliIl8.8tiall, 8PgllBiiQed ana epeF&f;es I.mellisi':eIJ' fer ekaritaele Jllil'flesea. er far pre"entiBa sf 8Rielt) te ehildrsB, anel is tflea 81[ellfl't a-sm tW'8S 1:KiQ8f SeetiaB )91(&1 tBsFein; aF Agenda Item No, 8A May 13, 2008 Page 7 of 8 h, The emil)' is des.Ahed i. SIib.eebaas SQl(C)(1)(,'.)...d (B) efa.apler 36 of the lTiHtea gtates lBtsRlsl Re. l!lBtifl Cade IHl eitlier a Ci. is League SF 8B BFgamzatisB Bet BFgam3ed far pyaal, is BJ38f&ted enel1i5i. sly far the preHieasB sf sseial"...'elfare, aRB is el1empt aem aetes 1H1eler SeetieB 591(B~.1fierei:fi; af a. The emity is aeseReea ill 81HlSeeaSR 5Ql(C)(2~ afCkapter 2(; efthe UniteEl gtfttes IntBFRal Re'.'eBye Case 85 8H sFgamzatiaa aF wst, tke enslYSi"i'B RmStiSR sf whish is 18 raM 13art sf 8 E11:iaJiH.8S greUfl legal SBF'i<.ieBs phm Bf }318fl.B withHl the mBaBiag efEeeaeR 12G as referenaed thereiR; ar Ii. The eRtity is a h8S13iaH, a easflBl'&t:i"..e kesJlitel aer 'iee er..g--~~ntiea, a meweal FBSl!areh. ergamBstisR, at similar 8l'ganizaaeR ual.ler any pre, isiaB . itiHB (aF Fsfereaeea) is SeetieB 3"91 sf Chapter 2(; sf the Ufliteel States lBtemal Re :eflti! Cede BflE! the entity is eJle~t Hem feaerrtl meeme tmtaaea; ar e. The eRtity is tileR 81(empt KaRl PlaFiaa's Bmlual ana BBm8Enm'ing int8flgilde Ha(es fHU'Syant ta F.S.. fi 199.1S5(1), as 8 "CkaRta1:lle TraGt" S:Ra at ISBElt 93" pBfseat Bfits ineam8 is paid t8 eHe Sf !Rere efthe &138\'8 listed fedeFa:l~, SHampt eaf:ities. (2) Amount of deferrals available to applicants. Subject to not exceeding the amount of impact fees paid (or to be paid) by the applicant to the county. the applicant may request deferrals of all impact fees that are eligible for deferral under these provisions, but no applicant shall be granted more than $100,000,00. ar.lQ pere...' ofllle ,,,,oil..le mdiBg. ,,:mea e":er is lees, of not- for-profit deferrals. ... (5) Not-for-profit deferrals are discretionary and the board's decisions are final. Imnact fee deferrals lU'aIlted under this nrotrram will be secured as a lien on the subiect orooertv for the term of the deferraL The term of the deferral shall in all events be due and 1)3vable not later than ten years after the execution of the imnact fee deferral alZTeement by the county. unless otherwise extended bv the Board of County Commissioners. Such ~lcxtj~added;rmB]1hf611,ghtcxtisdeleled Page2of3 fees shall be accelerated and automatically be due and oavable orior to that time oeriod if there is any breach of the subiect imuact fee deferral 8IITeement bv the non-county Darty. In the event that an entity that is the recinient of an imoact fee deferral durinll the term of the deferral is recuired to nrovide services to Dersons that are not leeallv residine in the United States due to a new State or Federal mandate. the entity will notify the Countv Manaeer in writimz of the new reauirement within 30 dayS of the effective date of such chamze. however. havinlZ to urovide such services Dursuant to a new State or Federal mandate shall not be deemed a violation of this Ordinance or breach of any lien 8Rreement with the County. At the conclusion of the deferral period the subject impact fees for the then-current use are due and payable and UDon oavment in full of the imnact fees the lien will then be satisfied. Agenda Item No, 8A May 13, 2008 Page 8 of 8 ... 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 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 portions. SECTION THREE. 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 Ordinance may be renumbered or re- lettered and internal cross-references amended throughout to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR. EFFECfIVE DATE, This Ordinance shall become effective upon filing with the Secretary 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: TOM HENNING, CHAIRMAN , Deputy Clerk ~tcxtisaddcd;1:Uu"itlhf.aWcglltcxlisdeleted PageJ of)