Loading...
Agenda 10/27/2015 Item #17D 10127/2015 1;7.:x. EXECUTIVE SUMMARY Recommendation to adopt an Ordinance repealing Ordinance No. 95-22, as amended, relating to the Immokalee Enterprise Zone Development Agency. OBJECTIVE: To repeal a Collier County Ordinance authorized by a Florida Statute that will itself repeal (sunset) on December 31, 2015. CONSIDERATIONS: Sections 290.001-290.016, Florida Statutes, known as the Florida Enterprise Zone Act(Act), established a process to identify severely distressed areas and provide incentives by both the state and local governments to induce private investment. The Board of County Commissioners (Board) nominated the Immokalee Community for Enterprise Zone Designation. The Board then adopted Ordinance No. 95-22 which established the Immokalee Enterprise Zone Development Agency pursuant to the Act; and approved the Immokalee Enterprise Zone Strategic Plan. The Act and Ordinance No. 95-22, as amended, also set forth the Agency's composition, appointment if its members, and its powers and duties. According to the CRA advisory boards' bylaws, the Immokalee Local Redevelopment Advisory Board would act as the Immokalee Enterprise Zone Development Agency Section 290.16, Florida Statutes, states that the Act is repealed on December 31, 2015. Accordingly, staff is requesting that the Board repeal Ordinance No. 95-22, as amended, effective December 31, 2015. Concurrent with the adoption of the proposed Ordinance, staff is requesting approval of Resolutions that will amend the Immokalee Local Redevelopment Advisory Board's bylaws and retain the members of the Immokalee Enterprise Zone Development Agency under the name of the Advisory Board. The effective date of these Resolutions coincides with the repeal of the Act. FISCAL IMPACT: The cost of advertising the proposed Ordinance was S688.45. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. -JAB RECOMMENDATION: That the Board of County Commissioners adopts the attached Ordinance repealing Ordinance No. 95-22, as amended. PREPARED BY: Bradley Muckel, Community Redevelopment Agency - Immokalee [15-CRA-00340/1217076/1] Packet Page -1705- 10/27/2015 17.D. COLLIER COUNTY Board of County Commissioners Item Number: 17.17.D. Item Summary: Recommendation to adopt an Ordinance repealing Ordinance No. 95-22, as amended, relating to the Immokalee Enterprise Zone Development Agency. This item is a companion to Item 16B1. Meeting Date: 10/27/2015 Prepared By Name:NeetVirginia Title: Legal Assistant/Paralegal, CAO Office Administration 10/20/2015 10:41:50 AM Submitted by Title: CRA Operations Manager,Immokalee County Redevelopment Agency Name: MuckelBradley 10/20/2015 10:41:51 AM Approved By Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 10/20/2015 12:01:13 PM Name:BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 10/20/2015 12:15:25 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 10/20/2015 1:14:35 PM Name: KlatzkowJeff Title: County Attorney, Date: 10/20/2015 1:55:37 PM Packet Page -1706- 10/27/2015 17.0. Name: OchsLeo Title: County Manager, County Managers Office Date: 10/20/2015 5:10:45 PM Packet Page -1707- 10/27/20 NAPLES DAILY NEWS « Friday, October 16,2015 < 19D Ordinances/Petitions Ordinances/Petitions NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday,October 27,2025, in the Boardroom,Third Floor,Administration Building,Collier County Government Center,3299 East Tamiami Trail,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,REPEALING IN ITS ENTIRETY ORDINANCE NO. 95-22,AS AMENDED, WHICH ESTABLISHED THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY AND ADOPTED THE IMMOKALEE ENTERPRISE ZONE STRATEGIC PLAN PURSUANT TO SECTIONS 290.001 - 290.016, FLORIDA STATUTES; 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 are a person with a disability 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 TIM NANCE,CHAIRMAN DWIGHT E.BROCK,CLERK By: Martha Vergara,Deputy Clerk (SEAL) October 16,2015 No.744794 Packet Page-1708- 10/27/2015 17.D. ORDINANCE NO.2015 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPEALING IN ITS ENTIRETY ORDINANCE NO. 95-22, AS AMENDED, WHICH ESTABLISHED THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY AND ADOPTED THE IMMOKALEE ENTERPRISE ZONE STRATEGIC PLAN PURSUANT TO SECTIONS 290.001 - 290.016, FLORIDA STATUTES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Enterprise Zone Act (Act), as set forth in Sections 290.001- 290.016, Florida Statutes, established a process that clearly identifies severely distressed areas and provides incentives by both the state and local governments to induce private investment in such areas; and . WHEREAS, the Board of County Commissioners (Board) nominated the Immokalee Community to be considered by the Florida Department of Commerce for Enterprise Zone Designation; and WHEREAS, through its adoption of Ordinance No. 95-22, the Board established the Immokalee Enterprise Zone Development Agency pursuant to the Act; and adopted the Immokalee Enterprise Zone Strategic Plan; and WHEREAS, in accordance with the Act, Ordinance No. 95-22, as subsequently amended by Ordinance No. 97-81, also provided for appointment and composition of the Agency as well as its powers and duties; and WHEREAS, Section 290.16, Florida Statutes, directs that "Sections 290.001-290.014 are repealed December 31, 2015;" and WHEREAS, the Board finds it necessary to repeal Ordinance No. 95-22, as amended, effective December 31, 2015. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: REPEAL OF ORDINANCE NO. 95-22, AS AMENDED. Effective December 31, 2015, Collier County Ordinance No. 95-22, and all amendments thereto, shall be repealed in their entirety. [15-CRA-00340/1210547/1) 1 II Packet Page-1709- 10/27/2015 1'; . . SECTION TWO: ELIMINATION OF THE IMMOKALEE ENTERPRISE ZONE STRATEGIC PLAN. Effective December 31, 2015, The Immokalee Enterprise Zone Strategic Plan shall be of no further force or effect. 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 to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: 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 the 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 portion. SECTION FIVE: EFFECTIVE DATE. Pursuant to Section 290.16, Florida Statutes, this Ordinance shall become effective on December 31, 2015. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TIM NANCE, CHAIRMAN Approved as to form and legality: Jennifer B 1ped G� Assistant County At • ney ?,� A\ [15-CRA-00340/1210547/1] Packet Page -1710- cq