Agenda 01/22/2019 Item #16A901/22/2019
EXECUTIVE SUMMARY
Recommendation to accept the 2018 annual report for the Immokalee Impact Fee Installment
Payment Pilot Program which provided for installment payments of impact fees for new
construction located within the Immokalee Community Redevelopment Area.
OBJECTIVE: To accept the first annual report on the Immokalee Impact Fee Installment Payment
Pilot Program (Program).
CONSIDERATIONS: On July 11, 2017, the Board adopted Ordinance #2017 -34 (Attachment A)
which established the Program for the Immokalee Community Redevelopment Area (CRA) with an
effective date of October 1, 2017.
The ordinance provides that as an alternative to paying impact fees in full as a prerequisite to the
issuance of a Certificate of Occupancy, a feepayer may pay their impact fees in installments rather than
a lump sum by entering into an impact fee installment payment program agreement with Collier County
which provides that the installment payments shall be by special assessment levied as non -ad valorem
assessments against the subject property.
The intent of the 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. To prevent unintended consequences, the
Board requested the program be reviewed annually.
Throughout calendar year 2018 staff met several times with the Immokalee Community Redevelopment
Agency to discuss the Program and provided them, as well as the Community & Human Services
Division, with Program flyers. Staff also provided flyers to applicants during Development Review Pre -
Application Meetings for proposed projects located within the CRA. In addition, detail s of the Program
were given to customers who contacted the Capital Projects Planning, Impact Fees and Program
Management Division with impact fee questions regarding proposed development within the CRA.
One application has been filed from an owner build er of a single-family home. There have not been any
additional applications received to date.
An annual report will also be presented to the Board for 2019 activity, and as per the Ordinance, prior to
the third anniversary, a report will be presented to the Board detailing what effect, if any, this program
has had on housing costs and economic development with a recommendation on whether to amend,
expand, or discontinue this pilot program.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal
issues, and requires majority vote for approval. -JAK
RECOMMENDATION: To accept the first annual report on the Immokalee Impact Fee Installment
Payment Pilot Program.
16.A.9
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01/22/2019
Prepared by: Paula Fleishman, Senior Operations Analyst
Capital Project Planning, Impact Fees and Program Management Division
Growth Management Department
ATTACHMENT(S)
1. Attachment A - Ordinance #2017-34 (PDF)
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01/22/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.9
Doc ID: 7577
Item Summary: Recommendation to accept the 2018 annual report for the Immokalee Impact Fee
Installment Payment Pilot Program which provided for installment payments of impact fees for new
construction located within the Immokalee Community Redevelopment Area.
Meeting Date: 01/22/2019
Prepared by:
Title: Operations Analyst, Senior – Capital Project Planning, Impact Fees, and Program Management
Name: Paula Fleishman
12/17/2018 12:46 PM
Submitted by:
Title: Division Director - Corp Fin & Mgmt Svc – Budget and Management Office
Name: Mark Isackson
12/17/2018 12:46 PM
Approved By:
Review:
Growth Management Department Thaddeus Cohen Additional Reviewer Completed 12/17/2018 4:58 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 12/18/2018 8:44 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/18/2018 10:18 AM
County Attorney's Office Emily Pepin CAO Preview Completed 12/20/2018 8:17 AM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 12/20/2018 9:12 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/04/2019 12:44 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/13/2019 7:45 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/22/2019 9:00 AM
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ORDINANCE NO.2017- 3 4
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 OF OCTOBER 1, 2017.
WHEREAS, the costs of housing within Collier County, and especially affordable housing,
continues to be an area of great concern to the Board of County Commissioners; and
WHEREAS, enhancing and expanding economic activity within Collier County is also a matter
of great concern to the Board of County Commissioners; and
WHEREAS, Collier County has some of the highest impact fees within the State of Florida; and
WHEREAS, the Board of County Commissioners is concerned that these impact fees may be
negatively impacting both the costs of housing and inhibiting economic activity within Collier County;
and
WHEREAS the Board of County Commissioners would like to do a pilot program to ascertain
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
WHEREAS, to ensure payment, the Board of County Commissioners believes that payment of
impact fees by installments should be an obligation that 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 cost of the impact fees;
and
WHEREAS, to prevent unintended consequences, the Board will annually review this Pilot
Program, with staff preparing regular updated reports that any Commissioner can review; and
WHEREAS, the Board of County Commissioners believes that (1) the area comprising what is
known as the Immokalee CRA is an ideal area to test this pilot program; (2) the program will foster the
Community Redevelopment Plan for that area;and(3)the program will reduce blight in that area.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: A new Article II, subsection(h) in Section 74-201 of Collier County Ordinance No.
2001-13, as amended, is hereby created to read as follows:
h) Impact Fee Installment Payment Pilot Program.
1) The purpose of this Program is to establish an impact fee installment payment pilot
program which is intended to provide the Board of County Commissioners of Collier County,
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Packet Pg. 526 Attachment: Attachment A - Ordinance #2017-34 (7577 : Immokalee Impact Fee Installment Payment Program Annual Report)
Florida, with the opportunity to study whether the payment changes set forth below result in
lower initial costs in housing and greater economic development.
2) As an alternative to paying impact fees in full as a prerequisite to the issuance of a
certificate of occupancy or certificate of completion for the development, a feepayer may
exercise the privilege of paying impact fees in installments rather than in a lump sum at the
time of issuance of the certificate of occupancy by entering into an impact fee installment
payment program agreement with Collier County (hereinafter the "agreement") required in
this section. The county administrator or designee is hereby authorized to prepare and
execute the agreement on behalf of the County.
3) Pursuant to Section 74-302 (h) of the Collier County Code of Laws and Ordinances, a
certificate of public facility adequacy (COA) shall be issued concurrent with the approval of
the next to occur final local development order. In order to obtain a certificate of adequate
public facilities concurrently with the issuance of the final site development plan or plat, the
feepayer and owner (if different than the feepayer) shall first enter into an approved impact
fee installment payment program agreement with Collier County or provide a notarized
affidavit to the county administrator or designee that they intend to participate in the
program which must include the following:
a) Name of project, legal description and number assigned by Collier County to the
development order;
b)Name of feepayer and owner;
c) Statement of intent that the owner is current on property taxes on the subject property
and any other real property owned in Collier County, is not in bankruptcy, and that the
subject property is not in foreclosure."
4) The form of the agreement shall be approved by the Board, and the agreement shall at a
minimum provide:
a) 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
assessments levied as non-ad valorem assessments against the subject property pursuant
to the Uniform Assessment Collection Act. For the purposes of this section, the term
Uniform Assessment Collection Act" shall mean F.S. sections 197.3632 and 197.3635,
as amended.
b) The term of the agreement and the interest rate to be charged, which terms shall be
set by the Board of County Commissioners. In the event a feepayer enters into the
agreement after the deadline to place the assessment on the feepayer's upcoming tax bill
for that year, the assessment will be placed on the feepaver's tax bill for the following
year but shall accrue interest from the effective date of the agreement.
c) Such other terms as deemed appropriate by the County Attorney.
5) Each agreement shall be a covenant that runs with the land and shall be recorded as a
lien by county in the public records of Collier County, Florida, at the expense of the
feepayer and shall be signed and notarized by the feepayer and owner (if different than the
feepayer).
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Packet Pg. 527 Attachment: Attachment A - Ordinance #2017-34 (7577 : Immokalee Impact Fee Installment Payment Program Annual Report)
6) 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.
7) Prior to May 1 of each fiscal year, the feepayer of a parcel assessed hereunder shall
have the right to pay the outstanding and unpaid balance(s) owed without a prepayment
penalty.
8) Pursuant to the Uniform Assessment Collection Act,non ad-valorem assessments levied
pursuant to this section shall remain liens, coequal with the lien of all state, county, district
and municipal taxes, superior in dignity to all other liens,titles and claims, until paid.
9) For purposes of this subsection the following conditions shall apply:
a) A feepayer must be the legal owner of the property, or designated agent of the
owner, and shall provide written and notarized proof of authorization from the owner
when requesting to pay impact fees under this subsection; and
b) The feepayer and/or owner must be current on property taxes on the subject property
and any other real property owned in Collier County by feepayer and/or owner; and
c) The feepayer and/or owner cannot be in bankruptcy nor can the property be an asset
in any bankruptcy proceeding; and
d) The subject property cannot be in foreclosure and cannot have any federal income
tax lien,judgment lien or similar liens encumbering the property.
10)As an alternative method to the repayment of impact fees by special assessments under
this section, the county administrator or designee may elect to lien the feepayer's property
to secure repayment of impact fees paid under this section and is authorized to take any
necessary action, including the development of any rules, procedures, agreements and
forms to effectuate this method, at the same term and interest rate as set by the Board of
County Commissioners.
11) To prevent unintended consequence, the Board will annually review this Pilot
Program, with staff preparing regular updated reports that any Commissioner can review.
12) Prior to the third anniversary of this ordinance, the County Manager shall prepare and
present a report to the Board of County Commissioners detailing what effect, if any, this
program has had on housing costs and economic development, with a recommendation to
the Board of County Commissioners on whether to amend, expand, or discontinue this pilot
program.
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 portion.
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Packet Pg. 528 Attachment: Attachment A - Ordinance #2017-34 (7577 : Immokalee Impact Fee Installment Payment Program Annual Report)
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
Ordinance of Collier County, Florida. The sections of the Ordinance 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 become effective October 1, 2017.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida,this 1,\..\--\-\ day of v\ , 2017.
ATTEST: ti BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCIc,Clerk COLLIE' 40V Y, FLORIDA
I"I/q-By.
4 °- { t Clerk Penny Taylo i AIRWO •
Attest a 6 i
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Approves ;'-.' it and legality:
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Jeffrey A. ',:1tow, County Attorney
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This ordinonc f !--1 wirh the
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Deputy Clerk
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Packet Pg. 529 Attachment: Attachment A - Ordinance #2017-34 (7577 : Immokalee Impact Fee Installment Payment Program Annual Report)
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 13, 2017
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples,Florida 34101-3044
Attention: Teresa Cannon, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2017-34, which was filed in this office on July 13, 2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us
16.A.9.a
Packet Pg. 530 Attachment: Attachment A - Ordinance #2017-34 (7577 : Immokalee Impact Fee Installment Payment Program Annual Report)