Agenda 05/24/2011 Item #11A5/24/2011 Item 11.A.
EXECUTIVE SUMMARY
Request for authorization to advertise and bring back for future consideration an
amendment to Chapter 49 of the Collier County Code of Laws and Ordinances, relating to
economic development, which will establish additional criteria to be evaluated (1) when
there is a request to lessen or waive certain requirements in existing economic development
ordinances and programs, and (2) when there is an application seeking grants and /or other
incentives which fall outside existing economic development ordinances and programs.
OBJECTIVE: To obtain the Board of County Commissioners' (Board's) authorization to
advertise and bring back for future consideration an ordinance amending Chapter 49 of the Code
of Laws and Ordinances in order to establish additional criteria and provide flexibility in
awarding grants and other economic incentives in addition to the eligibility criteria set forth in
each incentive program.
CONSIDERATIONS, Chapter 49 of the Code of Laws and Ordinances is a "toolbox" of
economic incentive programs intended to promote and foster economic diversification through
the retention of high wage jobs in targeted industry clusters. The first of these programs was the
Job Creation Investment Program. Subsequently, the Board established the Fee Payment
Assistance Program, the Property Tax Stimulus Program, an Advanced Broadband Infrastructure
Investment Program, a Job Retention Investment Program, and a mechanism to create Innovation
Zones. Some of these programs have been amended from time -to -time.
At its May 10, 2011 regular meeting (Item 10 -C), the Board considered an Economic
Development Council request to waive the minimum job creation and wage requirement for a
business locating in western Collier County (Collier Scrap Metal Recycling, Inc.). At the end of
this discussion, the Board directed the County Attorney to draft an amending ordinance to allow
the Board, upon the finding of good cause shown, to waive some or all of the requirements set
forth in the programs codified in Chapter 49. It is the opinion of the County Attorney that
established criteria would help the Board in making such a determination, and lessen the risk that
the Board's decision could be challenged as arbitrary or capricious.
When drafting this amendment, it became clear that the same criteria that could be utilized when
the Board is asked to lessen or waive requirements in existing economic development programs
could also be utilized if the Board is asked to consider awarding a grant or other incentives
which fall outside existing programs.
The proposed amendment creates new Sections 49 -10, 49 -11 and 49 -12 to the Code of Laws and
Ordinances of Collier County which would read as follows:
ARTICLE I. IN GENERAL
Section 49 -10 Economic Development — Purpose.
It is the policy of the Board to promote economic growth which results in
high wage jobs and helps diversify the economy of Collier County. To further
this policy, the Board from time -to -time will enact ordinances designed to
encourage private sector investing within Collier County which results in
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increased employment opportunities for Collier County residents. Such
ordinances are in addition to all powers the Board enjoys under its Home Rule
powers and as set forth in Florida Statutes Sec. 125.045 (County economic
development powers), as may be amended from time -to -time by the State
Legislature.
Section 49 -11 Criteria in Awarding Grants and other Incentives
In addition to the Eligibility Criteria set forth in each program, the Board
may also consider the following criteria in its review:
a. The type of business that is proposed;
b. The total number of net jobs to be created and retained by the project;
c. The expected number of employees who will reside in the County;
d. The average wage of the jobs to be created and retained, both considering
executive compensation and excluding executive compensation;
e. The health, retirement and other benefit package offered to the prospective
employees;
f. The projected capital investment of the project, including land, building and
equipment;
g. The projected completion date for the project. If the project is to be completed in
phases, then the dates of such phases and the number of jobs projected to
commence with each phase;
h. The environmental impact of the proposed business;
i. The impact that the proposed business would have on existed businesses and
employment within Collier County;
j. Whether the proposed business will utilize local sources of supply;
k. Whether the proposed business is expected to employ current County residents;
1. Whether the proposed business is expected to attract other employers to Collier
County;
m. The current economic climate of the County, including the unemployment rate
and housing vacancy rate;
n. Whether the proposed relocation or expansion would occur without the award;
o. Whether the proposed business can be serviced by existing mass transit;
p. The impact to County Government revenues projected by the business and by the
increase in employment;
q. The impact to County Government costs in providing services and infrastructure
to the proposed business and projected employment; and
r. Other such factors that the Board may deem relevant in evaluating the merits of
the application.
Applications for grants and other incentives that do not fall within existing
programs will be evaluated utilizing the criteria set forth above.
Section 49 -12 Waiver.
With respect to all economic development ordinances previously enacted
by the Board of County Commissioners, which are codified in Chapter 49 of the
2
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Collier County Code of Laws and Ordinances, and unless otherwise set forth to
the contrary, with respect to all economic development ordinances to be enacted
hereafter, such ordinances and the programs set forth therein are to be liberally
construed, and that upon the finding of good cause show, utilizing the criteria set
forth in Section 49 -11, the Board may lessen or waive any requirements set forth
in such ordinances and the programs set forth therein.
FISCAL IMPACT: Advertising costs are approximately $400.00.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners authorizes the County
Attorney to advertise and bring back for future consideration an ordinance amending Chapter 49
of the Code of Laws and Ordinances which establishes additional criteria and provides flexibility
in awarding grants and other economic incentives in addition to the eligibility criteria set forth in
each incentive program.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.A.
5/24/2011 Item 11.A.
Item Summary: Request for authorization to advertise and bring back for future
consideration an amendment to Chapter 49 of the Collier County Code of Laws and Ordinances,
relating to economic development, which will establish additional criteria to be evaluated (1)
when there is a request to lessen or waive certain requirements in existing economic
development ordinances and programs, and (2) when there is an application seeking grants
and /or other incentives which fall outside existing economic development ordinances and
programs.
Meeting Date: 5/24/2011
Prepared By
Name: CrotteauKathynell
Title: Legal Secretary,County Attorney
5/18/2011 12:31:28 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/18/2011 1:30:05 PM
Name: GreenwaldRandy
Title: Management /Budget Analyst,Office of Management & B
Date: 5/18/20112:28:42 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 5/18/2011 3:02:06 PM
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5/24/2011 Item 11.A.
ORDINANCE NO. 2011-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ARTICLE I OF CHAPTER
49 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
BY PROVIDING FOR AN OVERALL PURPOSE FOR ECONOMIC
DEVELOPMENT ORDINANCES ENACTED BY THE BOARD;
PROVIDING THAT SUCH ORDINANCES ARE IN ADDITION TO ANY
AND ALL ECONOMIC DEVELOPMENT POWERS THE BOARD MAY
OTHERWISE EXERCISE UNDER LAW; PROVIDING THAT SUCH
ORDINNACES ARE TO BE LIBERALLY CONSTRUED, AND UPON A
FINDING OF GOOD CAUSE SHOWN FOR A WAIVER OF ANY AND
ALL REQUIREMENTS SET FORTH IN ECONOMIC DEVELOPMENT
ORDINANCES AND THE PROGRAMS SET FORTH THEREIN;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, based upon a legislative finding that the Collier County's historical
dependence upon tourism, agriculture and construction are susceptible to economic cycles and
downturns in the economy, on March 12, 2003, the Board of County Commissioners directed
staff to move forward with proposals for a "toolbox" economic diversification to promote and
foster economic diversification through the retention of high wage jobs in targeted industry
clusters; and
WHEREAS, in keeping with this direction, staff brought forward various proposals, and
the Board enacted Ordinance 2003 -63, which amended the Collier County Code of Laws and
Ordinances by creating new Chapter 49 — Economic Development, with the first of these
programs, the Job Creation Investment Program; and
WHEREAS, the Board added additional programs to this Chapter 49 "toolbox," which
include the Fee Payment Assistance Program enacted by Ordinance 2003 -61; a Property Tax
Stimulus Program enacted by Ordinance 2003 -62; an Advanced Broadband Infrastructure
Investment Program enacted by Ordinance No. 2005 -56; a Job Retention Investment Program
enacted by Ordinance 2008 -16; and establishing a mechanism to create Innovation Zones as set
forth in Ordinance 2010 -20, some of which programs have been amended from time -to -time; and
WHEREAS, the Board wishes to make clear that these programs are in addition to all
powers the Board enjoys under its Home Rule powers and as set forth in Florida Statutes Sec.
125.045 (County economic development powers), as may be amended from time -to -time by the
State Legislature; that these programs are to be liberally construed, and that the Board, upon the
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finding of good cause shown, may waive some or all of the requirements set forth in the
Ordinances and the Programs codified in Chapter 49 of the Collier County Code of Laws and
Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Collier County hereby adopts an Ordinance that amends Chapter 49 of the
Collier County Code of Laws and Ordinances as follows:
ARTICLE I. IN GENERAL
Section 49 -10 Economic Development — Purpose.
It is the policy of the Board to promote economic growth which results in high wage jobs
and helps diversify the economy of Collier County. To further this policy, the Board from time -
to- time will enact ordinances designed to encourage private sector investing within Collier
County which results in increased employment opportunities for Collier County residents. Such
ordinances are in addition to all powers the Board enjoys under its Home Rule powers and as set
forth in Florida Statutes Sec. 125.045 (County economic development powers), as may be
amended from time -to -time by the State Legislature.
Section 49 -11 Criteria in Awarding Grants and other Incentives
In addition to the Eligibility Criteria set forth in each program, the Board may also consider
the following criteria in its review:
a. The type of business that is proposed;
b. The total number of net jobs to be created and retained by the project;
c. The expected number of employees who will reside in the County;
d. The average wage of the jobs to be created and retained, both considering executive
compensation and excluding executive compensation;
e. The health, retirement and other benefit package offered to the prospective employees;
f. The projected capital investment of the project, including land, building and equipment;
g. The projected completion date for the project. If the project is to be completed in
phases, then the dates of such phases and the number of jobs projected to commence
with each phase;
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5/24/2011 Item 11.A.
h. The environmental impact of the proposed business;
i. The impact that the proposed business would have on existed businesses and
employment within Collier County;
j. Whether the proposed business will utilize local sources of supply;
k. Whether the proposed business is expected to employ current County residents;
1. Whether the proposed business is expected to attract other employers to Collier County;
m. The current economic climate of the County, including the unemployment rate and
housing vacancy rate;
n. Whether the proposed relocation or expansion would occur without the award;
o. Whether the proposed business can be serviced by existing mass transit;
p. The impact to County Government revenues projected by the business and by the
increase in employment;
q. The impact to County Government costs in providing services and infrastructure to the
proposed business and projected employment; and
r. Other such factors that the Board may deem relevant in evaluating the merits of the
application.
Applications for grants and other incentives that do not fall within existing programs will be
evaluated utilizing the criteria set forth above.
Section 49 -12 Waiver
With respect to all economic development ordinances previously enacted by the Board of
County Commissioners, which are codified in Chapter 49 of the Collier County Code of Laws
and Ordinances, and unless otherwise set forth to the contrary, with respect to all economic
development ordinances to be enacted hereafter, such ordinances and the programs set forth
therein are to be liberally construed, and that upon the finding of good cause show, utilizing the
criteria set forth in Section 49 -11, the Board may lessen or waive any requirements set forth in
such ordinances and the programs set forth therein.
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 the Ordinance is held
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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 THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2011.
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
is
FRED W. COYLE, CHAIRMAN
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