Agenda 04/22-23/2008 Item #17I
Agenda Item No. 171
April 22, 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 incorporating 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 ma"imum 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,
Incorporated 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 progranl 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,
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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. 171
April 22, 2008
Page 2 of 8
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. E1igibi1itv: 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 Tvpes 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 pernlanent1y 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 tenn
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 ~~o. 171
April 22, 2008
Page 3 of 8
FISCAL IMPACT: The tisca1 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.
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 C.ode 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 1 of 2
,l"genda Item No. 171
April 22, 2008
Page 4 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
171
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.
4/22/200890000 AM
Prepared By
Amy Patterson
Community Development &
Environmental Services
Impact Fee Manager
Date
Financial Admin. & Housing
3/28/200811 :08:02 AM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
3/31/200810:18 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
4/1/20081 :52 PM
Approved By
James W. Delony
Public Utilities
Public Utilities Administrator
Date
Public Utilities Administration
4/2/200810:21 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
4/9120088:43 PM
Approved By
Garrett Mullee
Community Development &
Environmental Services
Financial Operations Manager
Date
Financial Admin. & Housing
4/10/20088:02 AM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Date
Office. of Management & Budget
4110/200610:27 AM
Approved By
John A, Yonkosky
County Manager's Office
Director of the Office of Management
Date
Office of Management & Budget
4iiOt2008 11:29 AM
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Page 2 of 2
Agenda Item No. 171
April 22. 2008
Page 5 of 8
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
411112008 7:51 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/13/20089:20 PM
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Agenda Item No. 171
April 22, 2008
Page 6 of 8
ORDINANCE NO. 2008-
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 C01.mty 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
Ordinance 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
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
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 CoIlier County Code of Laws and Ordinances related to charitable organizations
by providing impact fee deferrals to qualified entities that (l) provide services to indigent and
low income residents of Collier County; (2) provide for a deferral tenn of 10 years, Wlless
otherwise extended by the Board of County Commissioners; (3) provide services to only citizens
and legal residents of the United States; and (4) 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:
Secrion 74-203,
Use of funds.
...
(i) Impact fee deferrals available to charitable organizations and charitable trusts. These
impact fees deferrals are available only to eligible te not-for-profit, charitable entities as
specified herein. The cumulative total of all not-far-profit deferrals in each of the county's fiscal
years shall not exceed $200,000.00. If the tetal amal-ffit sf i~aet fees aefeFfea f1li:f'SI:lB:Bt ta these
fife .isisES m a f1seal year is less than $:2G-G-,999.Q9 (E1r is less thae tfie RigBer tetal m the funeling
aeeelffit fer that fisea! year I.=H~eaH6e sf prier eash earrying fe:r:;;ar-a) seme at all af the sum sf
mene) Flst ElefSFfea eaR he eameEl fSl'\.ard 8:Rel1:h.erehy be aaElea to the $299,999.99, 18 a
maJdmum balaRee sf tSgg,OOO.gQ fundiflg fSf f:Re E~mt Fiseal year. Impact fees collected by the
~Iextisadded;~textisdelcll:d
county for water. wastewater. educational facilities and fire impact fees shall not be deferred
under these provisions.
(I) Entities eligible for deferrals. These deferrals are available only to charitable, not-
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, WIg tHe emit)' €SHlfllies with at least eIle ef the fells'? in!;;: with croof of the
entitv's not-for-croftt status and elil1:ibilitv established to the County's sole satisfaction.
Deferrals are available onlv to entities that solelv orovide services to citizens of the
United States or legal aliens that oermaTIcntl" reside in the United States. Proof of such
must be established to the County's sole satisfaction.
a. The eHtity is ao,.sbea "' ,.bseotieR 5Ql(C)(3) sf Chapter 1. ef the URitea
~tates IBteFBw Re',caue Ceee as a eelflemtisR, a 6SRlffiWlity eassi, a fund, er a
fl::JUHaatisB, srgElBizea and epemtea tm:.elLisi :el) f-€lr eharit&l31e J9llFJ18ses, Elr far
flFS"SBtisB sf 6F1.:1elty t8 ehile.Ft'fl, Me. is then 0neffil3t Ham tau.sa lifideF Seeaen
59] (.) there",; sr
b. The entit:. is aesoriBea iH S..sseetieHS 59](C)(1l(,'.) ena (Ill sfCB'p"'r 2. sf
the l_TAitea Statss Internal Revenue Ceae as either a Civ-ie Lt!aglle SF 8B
erganiz:atien Bat srgan-ize3 fer flraR!, is apemtea sneiltsi"ely fsr the JlFElmeti88 ef
saeia! ..,eifert!, aml is e,.emflt ITem tW(8S \::lRaer SeetieB 501(19.), therein; er
e. The eHut)' is aeseribea in S..sseetieH 591(C)(29) efGhepter 2. efthe Unitea
States IBtemaJ RcvEloue Cede as aR ergan.iwisn or trust, the eJEelusiv8 funetien €If
.<,hieh is t6 r8M flart sf a EJ:1:laliaee1 grsl:.ij9 legal servises fllaR aF J31ans ?.itkia the
meEl:fJffig efSsf:1tisR 129 as rsfer8B88BYll:Jrein; af
a. The emit:.' is a Respite!, a ees}3erati"'e BesfJitai serviee erganizatieFl, a msliieal
researeh organicatien, sr similar arganii'iltisR BBaer an:; flFOyisisR mithiR (ar
refereneea) iR SeetisB 501 sf Chapter 26 sf the T_1Bited States Intema] RevsBue
Celle aRB the 8Btitj' is e;;emflt from feaeral meeme t&JEati8B; sr
e. The eRtitj' is tHeft 8J(elDf't frem Fleriaa'g ar.H1:Jal ana ReAfeel:lIt'ing intaRgisle
t!:m8S flHfsuantte f.S, S 199.185 (1), as a "CharitaBle TRist" ana at le85t ~5 f1ereeRt
of it] ineeme is paid to ORe or more sf the above listea fsaeral. tw'r snempt entities,
(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, sr 59 pereent ofilia av.'ailable fl:lHaing,
whish e":er is less, of not-for. profit deferrals.
Aqenda Item No. 171
" April 22. 2008
Page 7 of 8
...
(5) Not.for~profit deferrals are discretionary and the board's decisions are fmal. Imoact
fee deferrals r!:ranted under this nrol!ram will be secured as a lien on the subiect orooertv
for the tenn of the deferral. The tenn of the deferral shall in all events be due and
oavable not later than ten vears after the execution of the imnact fee deferral alrrccment
bv the county. unlcss otherwise extended bv the Board of County Commissioners, Such
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fees shall be accelerated and automaticallv be due and Davable nrier to that time oenod if
there is any breach of the subiect imoact fee deferral aQ;reement bv the non-county nartv.
At the conclusion of the deferral period the subject impact fees for the then-current use
are due and payable and upon payment in full of the impact fees the lien will then be
satisfied.
Agenda Item No. 171
April 22, 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," aT any other appropriate word.
SECTION FOUR. EFFECTIVE 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:
, Deputy Clerk
TOM HENNING, Chairman
Appj,oved
and gal
.,.---
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