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Agenda 07/11/2017 Item #17CProposed Agenda Changes Board of County Commissioners Meeting July 11, 2017 Move Item 17C to Item 9B and revise title to read: Recommendation to adopt an ordinance to establish a pilot program in Immokalee allowing the payment of impact fees by an installment program, as a voluntary alternative to paying the fees in a single, up-front payment with a delayed effective date of October 1, 2017. (Commissioner Taylor’s request) Move Item 16A24 to Item 11G: Recommendation to approve a resolution establishing the Property Assessment Clean Energy (PACE) program within the unincorporated areas of Collier County for residential, commercial, and industrial properties and approve a standard form membership agreement with PACE providers. (Commissioner Taylor’s request) Move Item 16A21 to Item 11H: Recommendation to approve a resolution that approves a membership agreement between Collier County and the Green Corridor Property Assessment Clean Energy District to administer a Property Assessed Clean Energy (PACE) program within the unincorporated area of Collier County, an indemnification agreement between Collier County and Ygrene Energy Fund Florida LLC third party administrator, and the original interlocal agreement and authorize the chairman of the Board of County Commissioners to sign these agreements. (Commissioner Taylor’s request) Move Item 16A22 to Item 11I: Recommendation to approve a resolution that approves a membership agreement between Collier County and the Florida Green Finance Authority to administer a Property Assessed Clean Energy (PACE) program within the unincorporated area of Collier County, an indemnification agreement between Collier County and Renew Financial Group LLC, third party administrator, and authorize the chairman of the Board of County Commissioners to sign these agreements. (Commissioner Taylor’s request) Move Item 16A23 to Item 11J: Recommendation to approve a resolution that approves a membership agreement between Collier County and the Florida Resiliency and Energy District, a Property Assessment Clean Energy District, to administer a Property Assessed Clean Energy (PACE) program within the unincorporated area of Collier County, an indemnification agreement between Collier County and Renovate America Inc., third party administrator, an indemnification agreement between Collier County and Florida Development Finance Corporation, an administrator, and authorize the chairman of the Board of County Commissioners to sign these agreements. (Commissioner Taylor’s request) Withdraw Item 16F2: Recommendation to approve the First Amendment to the Fiscal Year 2017 Agreement between Economic Incubators, Inc. and the Board of County Commissioners to provide start up and operational funding for the Florida Culinary Accelerator @ Immokalee and authorize a budget amendment of $137,965. (Staff’s request) Withdraw Item 16G1: Recommendation to approve a Collier County Airport Authority Standard Form Lease and Addendum with Economic Incubators, Inc. at the Immokalee Regional Airport. (Staff’s request) Note: Item 16A9 title should read: Recommendation to approve and execute a Local Agency Program Agreement with the Florida Department of Transportation in which Collier County would be reimbursed up to $1,024,273 for the construction and construction engineering inspection (CEI) of turn lane extensions and restriping at the intersections of Pine Ridge Road and Logan Boulevard, and Pine Ridge Road and CR 31(Airport - Pulling Road) and to authorize the necessary budget amendment (Project # 33524), FPN 435176-1- FPN 433176-1/58/68. (County Attorney’s request) Item 16D2 title should read: Recommendation to award Invitation to Bid No. 17-7139 to Infinite Construction, LLC, for the Ann Olesky Park Pier Replacement, in the amount of $437,736.94, plus $5,000 for County permitting fees for a total of $442,736.94, and authorize the necessary budget amendment, and make a finding that this expenditure promotes tourism. (Staff’s request) Time Certain Items: Item 8A to be heard at 1:30 p.m. Item 10A will be heard after Item 7-Public Comment 7/20/2017 11:21 AM 07/11/2017 EXECUTIVE SUMMARY Recommendation to establish a pilot program in Immokalee allowing the payment of impact fees by an installment program, as a voluntary alternative to paying the fees in a single, up-front payment with a delayed effective date of October 1, 2017. OBJECTIVE: To both stimulate the economy of Immokalee, Florida, by allowing the payment of impact fees by installments, and to ascertain whether doing so has a positive effect on both the costs of housing and economic growth. CONSIDERATIONS: Immokalee is Collier County’s largest inland community. With its unique geographic, social, and economic characteristics, Immokalee has long been recognized as a distinct community, and a community that operated under separate zoning and subdivision regu lations until 1982. Immokalee is now regulated through the county-wide Land Development Code and the Immokalee Area Master Plan. It is also one of the two Redevelopment Areas established by the Collier County Community Redevelopment Agency (CRA) in March 2000 to eliminate slum and blight. Immokalee also participates in several government -funded programs intended to improve housing and stimulate job growth for its citizens. On June 13, 2017, the Board authorized the County Attorney to advertise this prop osed ordinance amendment for future consideration. The purpose of this ordinance is to establish an impact fee installment payment pilot program which is intended to provide the Board of County Commissioners of Collier County, Florida, with the opportunit y to study whether paying impact fees through installments result in lower initial costs and value in housing and greater economic development, as well as to provide an additional incentive for Immokalee’s economic growth and development. Installments woul d be paid once a year as an assessment. The proposed ordinance provides that as an alternative to paying impact fees in full, a feepayer could pay their impact fees in installments by entering into an agreement with Collier County. The form of the agreement would be approved by the Board, and the agreement would at a minimum provide: (1) An acknowledgement by the feepayer that the subject property is specially benefited by the improvements to the property and the installment payments shall be special ass essments levied as non-ad valorem assessments against the subject property pursuant to the Uniform Assessment Collection Act. (2) The term of the agreement and the interest rate to be charged, which terms are set by the Board of County Commissioners. (3) That the obligation runs with the land, meaning that as owners of the property change, the obligation will continue. In this manner, everyone who owns the property that is being benefitted by the improvements made by the impact fees will share in the c ost of the impact fees. To ensure this, the agreement will be recorded by the County. (4) Prior to May 1 of each fiscal year, the feepayer of a parcel assessed would have the right to pay the outstanding balance owed without penalty. (5) Any person seeking an agreement shall file with the county manager an application and the agreement shall be fully executed and recorded prior to issuance of a temporary or final certificate of occupancy or payment of impact fees. 07/11/2017 The following is the proposed implementation plan that will provide the necessary information and framework for the pilot program in advance of the delayed effective date. (1) Identify interim staffing needs and begin process to hire temporary employee(s) (2) Meet with governmental stakeholders, including the Immokalee Fire District, District School Board of Collier County, Collier County Tax Collector and Collier County Property Appraiser and Collier County Clerk of the Circuit Courts (Finance group) to determine interest in participation and program parameters. (3) Contact a test group of banks, lending institutions and/or financial groups to identify any programmatic limitations or challenges. (4) Initialize Standard Form Agreement preparation and interlocal agreement updates (as neede d), including program applications, lien instruments, affidavits for Certificate of Adequate Public Facilities Program and Agreements with Property Appraiser and Tax Collector. (5) Fast Track any needed approvals from governmental stakeholders. In addition, the following items will be finalized prior to implementation: •Program Interest Rate •Term (specified length) •Administrative Fees, including Property Appraiser and Tax Collector •Recording Fees To prevent unintended consequences, the Board will annually review this Pilot Program, with staff preparing regular updated reports that any Commissioner can review. FISCAL IMPACT: Fiscal impacts, both positive and negative, are presently unknown, however, as provided above, the pilot program will be tracked, including annual reports to the Board. GROWTH MANAGEMENT IMPACT: Objective 2 of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan (GMP) states: “Future development will bear a proportionate cost of facility improvements necessitated by growth” which is accomplished, in part by the payment of impact fees. The pilot program provides for the payment of impact fees in installments. Additionally, Policy 1.9 of the Economic Element of the GMP provides: “Collier County, in response to the current and projected needs of its residents, will encourage a diverse mix of housing types, sizes, prices, and rents” and Objective 3 of the Economic Element 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.” The intent of the pilot program is to determine whether allowing the payment of impact fees by an installment program, as a voluntary alternative to paying the fees in a single, up -front payment, will have a positive effect on both the costs of housing and economic growth, and is consistent with the goals and objectives of the Economic Element of the GMP as listed above. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. - JAK 07/11/2017 RECOMMENDATION: To establish a pilot program in Immokalee allowing the payment of impact fees by an installment program, as a voluntary alternative to paying the fees in a single, up-front payment, with a delayed effective date of October 1, 2017. Prepared by: Jeffrey A. Klatzkow, County Attorney and Paula Fleishman, Senior Operations Analyst Capital Project Planning, Impact Fees and Program Management Division Growth Management Department ATTACHMENT(S) 1. legal ad - impact fee pilot program (PDF) 07/11/2017 COLLIER COUNTY Board of County Commissioners Item Number: 17.C Doc ID: 3476 Item Summary: Recommendation to establish a pilot program in Immokalee allowing the payment of impact fees by an installment program, as a voluntary alternative to paying the fees in a single, up-front payment with a delayed effective date of October 1, 2017. Meeting Date: 07/11/2017 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 07/05/2017 11:48 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 07/05/2017 11:48 AM Approved By: Review: Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 07/05/2017 11:59 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/05/2017 3:12 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 07/05/2017 3:29 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 07/05/2017 3:59 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, July 11, 2017, in the Boardroom, Third Floor, Administration Building, Collier County Government Center, 3299 Tamiami Trail East, Naples, Florida, the Board of County Commissioners, will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING AN IMPACT FEE INSTALLMENT PAYMENT PILOT PROGRAM FOR THE IMMOKALEE COMMUNITY DEVELOPMENT AREA, PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A Copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. . NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you area person with adisability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact - the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . PENNY TAYLOR, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon, Deputy Clerk (SEAL) June 28, 2017 No.1666447