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Agenda 10/26/2010 Item #16C 4Agenda Item No. 16C4 October 26, 2010 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to approve a Payment Plan Agreement and the completion of a State of Florida Uniform Commercial Code Financing Statement Form and a Security Agreement to secure the payment plan debt between Ms. Denise Denard and the Collier County Water - Sewer District as a one -time exception to the Consolidated Impact Fee Ordinance, Ordinance 2001 -13, as amended, for the wastewater impact fee and the Allowance for Funds Prudently Invested fee for building permit number 2010070017. OBJECTIVE: As directed by the Board of County Commissioners (Board), the purpose of this action is to offer a one -time exception to the Consolidated Impact Fee Ordinance, Ordinance 2001 -13, as amended, for the payment of the wastewater impact fee and Allowance for Funds Prudently Invested (AFPI) fee assessed with permit number 2010070017. CONSIDERATIONS: At the September 14, 2010 Board meeting under Agenda Item 6E, Ms. Denard (the Applicant) submitted a public petition for a partial or complete waiver of the wastewater impact fee associated with permit number 2010070017, or the creation of a payment plan (Attachment A). The Board directed staff to investigate possible options. On October 12, 2010, under Agenda Item 10E, the Board heard presentations from the Applicant and staff about the available options for the wastewater and AFPI fees assessed with building permit 2010070017. Due to the extraordinary and specific circumstances of the situation concerning permit number 2010070017, the Board authorized a one -time exception to the Consolidated Impact Fee Ordinance, Ordinance 2001 -13, as amended. The Board directed the Collier County Water - Sewer District ( CCWSD) to enter into a payment plan agreement with the Applicant for a wastewater impact fee and AFPI fee for permit 2010070017. The CCWSD and the Applicant have agreed to the following terms for this one -time exception: 1. The supporting documentation for permit 2010070017 will be revised or re- submitted to the Growth Management Division to reflect three commercial washing machines. 2. The wastewater impact fee of $20,970 and the AFPI fee of $3,098.76 (a total of $24,068.76) are based upon three commercial washing machines and the flows as listed in the Florida Administrative Code. 3. The payment plan will be interest free over a period of 10 years (requiring equal monthly payments). 4. A lien in the amount of $24,068.76 will be initiated against the Applicant's business' capital equipment. As directed by the Board, staff placed a Certificate of Occupancy (CO) Hold on permit number 2010070017 and removed the originally assessed wastewater impact fee. This will allow the building permit to be issued at the Applicant's convenience. Since the Applicant has requested a payment plan, staff will initiate a lien against the Applicant's business' capital equipment for the full amount of the revised wastewater impact and AFPI calculation ($24,068.76). Agenda Item No. 16C4 October 26, 2010 Page 2 of 12 When the following documentation is fully executed, the CO Hold will be released for the Applicant: - General Agreement and Intent to enter into a payment plan (Attachment B) - Revised documentation to the Growth Management Division - Payment Plan Agreement (Attachment C) -State of Florida Uniform Commercial Code Financing Statement Form (Attachment D) Staff is requesting Board approval for the County Manager, or his designee, to execute the Payment Plan Agreement and State of Florida Uniform Commercial Code Financing Statement Form as necessary, and once further information is provided from the Applicant as to specific information from the Applicant identifying its capital equipment (brands, serial numbers, etc.), a further security agreement may be brought back to the Board for approval and would be publicly recorded along with the completed financing statement. Consistent with the intent of the Board's direction on October 12, 2010, staff will not pursue the Consolidated Impact Fee Ordinance - required wastewater impact fee and associated AFPI fee for the Applicant's existing linen service located at 4344 Enterprise Avenue (permit number 2008041158), as long as the Applicant moves to the new location at 4573 Enterprise Avenue within 90 calendar days of this Board action. LEGAL CONSIDERATIONS: This item has been reviewed by the Office of the County Attorney and is legally sufficient for Board action. Subject to the Board's approval of this item, the County Attorney will work with staff to complete the State of Florida Uniform Commercial Code Financing Statement Form along with a security agreement both of which would be filed in the public record as notice of the County's security interest in the Applicant's business' capital equipment. If a search of the public record reveals that there is a priority lien on the Applicant's capital equipment, it will be reported back to the Board. —SRT. FISCAL IMPACT: As long as the Applicant complies with the terms of the Payment Plan Agreement, $24,068.76 (for the wastewater impact fee and AFPI fee) will be collected by September 2022 for permit number 2010070017. Under the terms of this one -time exception, there will be no interest collected with this payment agreement. If there is default on the payment plan, the lien on the capital equipment will be exercised to fulfill the debt, as allowed by law. GROWTH MANAGEMENT IMPACT: There is no associated Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners, as Ex- officio the Governing Board of the Collier County Water -Sewer District, (1) approve a Payment Plan Agreement and Lien Agreement between Ms. Denise Denard and the Collier County Water - Sewer District allowing a one -time exception to the Consolidated Impact Fee Ordinance, Ordinance 2001 -13, as amended, for the wastewater impact fee and the Allowance for Funds Agenda Item No. 16C4 October 26, 2010 Page 3 of 12 Prudently Invested fee for building permit number 2010070017; and (2) approve the County Manager, or his designee, to execute the Payment Plan Agreement and State of Florida Uniform Commercial Code Financing Statement Form, and to prepare, as necessary, a security agreement specifying the debt to be secured, which would be publicly record along with the U.C.C. financing statement form. Prepared by: Gilbert Moncivaiz, Impact Fee Coordinator, Public Utilities Division Agenda Item No. 16C4 October 26, 2010 Page 4 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C4 Item Summary: Recommendation to approve a Payment Plan Agreement and the completion of a State of Florida Uniform Commercial Code Financing Statement Form and a Security Agreement to secure the payment plan debt between Ms. Denise Denard and the Collier County Water - Sewer District as a one -time exception to the Consolidated Impact Fee Ordinance, Ordinance 2001 -13, as amended, for the wastewater impact fee and the Allowance for Funds Prudently Invested fee for building permit number 2010070017. Meeting Date: 10/26/2010 9:00:00 AM Approved By Jeff Klatzkow County Attorney Date 10/19/2010 12:52 PM Approved By Amia Curry Manager - Operations Support - PUD Date Public Utilities Division Utilities Finance Operations 10/19/2010 1:12 PM Approved By James W. DeLony Public Utilities Division Administrator Date Public Utilities Division Public Utilities Division 10/19/2010 1:15 PM Approved By Scott R. Teach Deputy County Attorney Date County Attorney County Attorney 10/19/2010 2:21 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 1 011 912010 3:31 PM Approved By Randy Greenwald Management /Budget Analyst Date Office of Management & Budget Office of Management & Budget 10/19/2010 3:44 PM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 10/19/2010 4:28 PM AgeA #Ai@h 1w1(I" October 26, 2010 Page 5 of 12 Office of the County Manager { Leo E. Ochs, Jr. __ _ r 3301 East Temiami Trail •Naples Florida 34112 (239) 252 8383 • FAX. (239) 252.40101N August 30, 2010 Ms. Denise Denard 2271 Harbor Road Naples FL 34104 Re: Public Petition Request regarding wastewater impact fees Dear Ms. Denard, Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 14, 2010, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. If the subject matter is currently under litigation or is an on -going Code Enforcement case, the Board will hear the item but will not discuss the item after it has been presented. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 400 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F ") of the govemment complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, 1 Mike Sheffield Assistant to the County Manager MJS:mjb cc: Jeffrey Klatzkow, County Attomey Jim DeLony, Public Utilities Administrator AgeAg HWID " October 26, 2010 Page 6 of 12 Request to Speak under Public Petition Please print Name:Denise Denard Address 2271 Harbor Rd Naples, fl. 34104 Phone 239 -398- 0900 Cell or 239- 659- 0900 landline Date of the Board Meetinq you wish to speak Tuesday September 14th. 2010 Must circle yes or no: Is this subject matter under litigation at this time? No Is this subject matter an ongoing Code Enforcement case? No Note: If either answer is "yes ", the Board will hear the item but will have no discussion regarding the item after it is presented. Please explain in detail the reason You are requesting to speak (attach additional page if necessary): To discuss unexpected impact fees of $29,000 being assessed: These impact fees were not disclosed when applying for permits and asking what the requirements were to relocate our business. To ask for a variance, so that we are able to move to a larger facility, grow our business and create jobs in the community. To recoup our cost for permits, rents, drawings, work done by the gas company etc. should you not be able to come up with a solution to make our move possible On May 251th, I applied for a plumbing and gas permit so that we could relocate our existing business into a larger unit. Prior to the application I specifically inquired as to what was expected from the county in order for us to make this move. I spoke with Christine Willoughby, showed her our existing business at 4344 enterprise Ave and the site plans for the new location at 4573 Enterprise Avenue. I asked if I needed to show any plumbing work to be scheduled in the application for insubstantial change or if there is anything else that I need to be made aware of prior to moving forward to relocate my CADocuments and Settings\brock m\Local Settings\Temporary Internet Files \Content.OutlookVMD016DS \FORM Public Petition Request Fonn.doc AgeAgachumkA October 26, 2010 Page 7 of 12 business. I was told that an application for insubstantial change would be expensive and that it cost $500.00 dollars that I did not have to show plumbing but would need to apply for a plumbing permit. 1 was told to provide 14 copies of architectural plans signed and sealed by an engineer. Since no plumbing was required on the insubstantial change I went ahead and filed the necessary paperwork for our gas permit. A permit was issued for propane installation and the gas company has completed all of the outside work already, should we not able to move into unit 4573 enterprise ave we will also have to compensate the gas company for their work at a cost of at least $2,00- $2,500 dollars I contracted a plumber and paid him an advance for drawings, permit fees and materials. Prior to applying for plumbing permit, I spoke with Dick Noonan to see if anything else would be required of us, the plumber himself inquired to make sure that what we were providing would be acceptable. We were told what size pipe to run etc. Never and I repeat never at anytime did a red flag come up or a mention that we would be subject to impact fees for the type of business that we are operating On July 21St two months after the application we are put to a halt by the county asking us to pay $29.000 thousand for alternative impact fee before we can receive our permit. They also mentioned that an additional fee may follow in the sum of $2,000 dollars. We have spoken with Gilbert Moncivaiz (Impact Fee Coordinator) and Tom Wides (operations director of Public Utilities) We have been told that the method used to come up with this figure is based on the type of business that we are and the square footage etc .etc. The unspoken part is that our business is classified under the same guidelines as a hotel or Restaurant of which we are neither. The capacity of water that we use compared to these business is non comparable. Both gentleman agreed & apologized that the county was at fault for placing us in this position but neither accepted responsibility. CADocuments and Settingslbrock_mlLocal SettingsWernporary Internet Files \Content.Outlook\JMD016DS\FORM Public Petition Request Form.doc Agg(#Wk=njCA October 26, 2010 Please explain in detail the action you are asking the Commission to take (attach Page 8 of 12 additional page if necessary): At this time we ask that the county commissioners review our petition. Since we are an existing business and our moving would have no actual impact on the waste water system, since our waste water is already being processed and has been since May of 2008, we are asking the commission to consider waiving the impact fees, or at least lower them to a level that would be affordable for a small business in this tough business climate. A payment option would also be appreciated. Thank You for your time and consideration. Denise Denard CADocuments and Settingftrodc_mlLocal Settings \Temporary Internet Files \Content.Outlook\JMD016DS \FORM Public Petition Request Form.doc _Agenda Item No. 1604 Attac MN UM Co er County PUBLIC UTILITIES 3301 Tamiami Trail E, Bldg. H, 3rd B Ph. 239.252.4215 Fax 239.252.6727 NAPLES, FL 34112 gilbertmoncivaiz @colliergov .net General Agreement and Intent The purpose of this document is to outline the general agreement of terms discussed by the Collier County Waster -Sewer District (CCWSD) staff (Mr. Jim DeLony, Mr. Tom Wides, Mr. Gilbert Moncivaiz), Ms. Denise Denard (Applicant), and Michael Rhodes on October 12, 2010. These terms will be entered into the Executive Summary presented to the Board on October 26, 2010. Due to the extraordinary and specific circumstances of the situation concerning permit number 2010070017, the Board authorized a one -time exception to the Consolidated Impact Fee Ordinance, Ordinance 2001 -13, as amended. The Board directed the CCWSD to enter into a payment plan agreement with the Applicant for a wastewater impact fee and AFPI fee for permit 2010070017. The CCWSD and the Applicant have agreed to the following terms for this one -time exception; 1. The supporting documentation for permit 2010070017 will be revised or re- submitted to the Growth Management Division to reflect three commercial washing machines. 2. The wastewater impact fee of $20,970 and the AFPI fee of $3,098.76 (a total of $24,068.76) are based upon three commercial washing machines and the flows as listed in the Florida Administrative Code. 3. The payment plan will be interest free over a period of 10 years (requiring equal monthly payments). 4. A lien in the amount of $24,068.76 will be initiated against the business' capital equipment.' Applicant's Signature: Applicant's Printed Name: alol -, /J /JAW Date: %t5 zs /C;,,w) Hand Delivered and Witnessed by Gilbert Moncivaiz, Impact Fee Coordinator, Public Utilities Division on October 15, 2010. ^" ca ter c01414ty Public Utilities Division Utility Billing & Customer Service CUSTOMER PAYMENT AGREEMENT ACCOUNT #: SITE ADDRESS: 4573 Enterprise Ave., Unit 6, Naples, Florida 34104 BILLING ADDRESS: 2271 Harbor Rd., Naples, Florida 34104 OWNER NAME: Denise Denard or Michael Rhodes Beginning balance 24 068.76 Number of Months for Pay Plan 120 Months Agenda Item No. 16C4 Om "i I/We, Denise Denard or Michael Rhodes, agree to pay S 200.57 dollars by the due date each Month. Signature: Home Phone #: Work Phone #: Cell Phone #: Prepared By: -- Donna Patterson Approved By: Date: 10/14/10 Date: _ jAj;�Ak�) URY Bft & Cusbrw Service Deparkru t - 4420 Mercantile Ave. • Naples, Florida 34104.239- 252 -2350 • Water /Sewer Billing & Trash Collection 239 -252 -2380 STATE OF FLORIDA UNIFORM COMMERCIAL CODE FINANCING STATEMENT FORM YTIME PHONE NUMBER B. SEND Name Address Address Agenda Item No. 16C4 October 26, 2010 Page 11 of 12 Attachment D Sample of document to be executed with Ms. Denard nW..1RT(11Q'Q rretsr -r nn T T trnAT NA%Av - rxTcm)T n?ji V A1V7T nrvTn. La ORGANIZATION'S NAME 3.a ORGANIZATION'S NAME 2.b INDIVIDUAL'S LAST NAME l .b INDIVIDUAL'S LAST NAME --TOUDLE FIRST NAME 7—FRI—DDLE NAME 2.c MAILING ADDRESS Line One SUFFIX l.c MAILING ADDRESS Line One MAILING ADDRESS Line Two This space not available. CITY MAILING ADDRESS Line Two POSTAL CODE CITY STATE I POSTAL CODE COUNTRY l .d TAX ID# REQUIRED ADDT INFO RE: ORGANG:ATION DEBTOR Le TYPE OF ORGANIZATION IS JURISDICTION OF ORGANIZATION I .g ORGANIZATIONAL ID# DONE 2. ADDITIONAL DEBTOR'S VXACT V1 Tm. r.R(:A1. NA MV. - INCFRT nNIT .V ANA nFRTnR U AMR !9e nV 'n.\ _ n U . A tip.- -n L.: -- wt 2.a ORGANIZATION'S NAME 3.a ORGANIZATION'S NAME 2.b INDIVIDUAL'S LAST NAME FIRST NAME --TOUDLE NAME SUFFIX 2.c MAILING ADDRESS Line One 3.c MAILING ADDRESS Line One This space not available, MAILING ADDRESS Line Two CITY CITY STATE POSTAL CODE I COUNTRY 2.d TAX ID# REQUIRED ADD'L INFO RE: ORGANIZATION DEBTOR 2.e TYPE OF ORGANIZATION 2.f JURISDICTION OF ORGANIZATION 2.g ORGANIZATIO L ID �IONL 3. SECURED PARTY'S NAME (or NAME of TnTAT. AC3TCiNEF of AC'.ZirW P C/P1- INSFRT nNT v nNR cFrTIRFn nen ry iae nuah\ %. I MS r IINA1NWNh J 1 A 1 CIVIL' N7 covers the tollowmg collateral: 5. ALTERNATE DESIGNATION (if applicable) I I LESSEEILESSOR BAILEEBAILOR AG. LIEN U NON -UCC FILING 1J SELLERBUYER 6. Florida DOCUMENTARY STAMP TAX — YOU ARE REQUIRED TO CHECK EXACTLY ONE BOX All documentary stamps due and payable or to become due and payable pursuant to s. 201.22 F.S., have been paid. Florida Documentary Stamp Tax is not required. 7. OPTIONAL FILER REFERENCE DATA STANDARD FORM - FORM UCC -1 (REV.0112009) Filing Office Copy Approved by the Secretary of State, State of Florida 3.a ORGANIZATION'S NAME 3.b INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFTX 3.c MAILING ADDRESS Line One This space not available. MAILING ADDRESS Line Two CITY STATE I POSTAL CODE I COUNTRY %. I MS r IINA1NWNh J 1 A 1 CIVIL' N7 covers the tollowmg collateral: 5. ALTERNATE DESIGNATION (if applicable) I I LESSEEILESSOR BAILEEBAILOR AG. LIEN U NON -UCC FILING 1J SELLERBUYER 6. Florida DOCUMENTARY STAMP TAX — YOU ARE REQUIRED TO CHECK EXACTLY ONE BOX All documentary stamps due and payable or to become due and payable pursuant to s. 201.22 F.S., have been paid. Florida Documentary Stamp Tax is not required. 7. OPTIONAL FILER REFERENCE DATA STANDARD FORM - FORM UCC -1 (REV.0112009) Filing Office Copy Approved by the Secretary of State, State of Florida Agenda Item No. 16C4 October 26, 2010 Page 12 of 12 Attachment D Instructions for State of Florida UCC Financing Statement Form (Form UCC -1) • Please type or laser -print this form. Be sure it is completely legible. Read all instructions on form. Forms must be completed according to Florida state law. • Fill in form very carefully. If you have questions, consult your attorney. Filing office cannot give legal advice. • Processing fees are set by the Florida Legislature, are non - refundable, and are subject to change. To verify processing fees, contact FLORIDAUCC, Inc, at (850) 222 -8526 or email help(a!floridaucc.com. • Make checks payable to FLORIDAUCC, Inc. or the Florida Department of State. • Send ONE copy of each filing request, with the appropriate non - refundable processing fee to: 1" Class Mail Overnight Courier Service FLORIDAUCC, Inc. FLORIDAUCC, Inc. PO Box 5588 2670 Executive Center Circle West, Suite 100 Tallahassee, FL 32314 Tallahassee, FL 32301 • The acknowledgement copy will be returned to the address indicated in block B. • Do not insert anything in the open space in the upper right hand portion of this form; it is reserved for filing office use. • If you need to use attachments, you are encouraged to use the State of Florida Uniform Commercial Code Financing Statement Form — Addendum and/or the State of Florida Uniform Commercial Code Financing Statement Form - Additional Party and/or the State of Florida Uniform Commercial Code Financing Statement Form — Additional Information.