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Agenda 03/10/2009 Item #16G 1 EXECUTIVE SUMMARY Agenda Item t~o. :6G1 March i 0, 2009 Page 1 of 5 Request that the Board of County Commissioners amend the application approval section of the Immokalee Community Redevelopment Agency Commercial Fa!(ade Improvement Grant Program Policies and Procedures Document, identified in and adopted by Section Four of Ordinance Number 08.40 to correct a scrivener's error due to the inclusion of an unintended reference by deleting the reference to the Executive Director's ability to approve or deny fa!(ade grants in the amount of $10,000 or less; and by providing for an effective date. OBJECTIVE: Request that the Board of County Commissioners amend the application approval section of the Immokalee Community Redevelopment Agency Commercial Fa9ade Improvement Grant Program Policies and Procedures Document, identified in and adopted by Section Four of Ordinance Number 08- 40 to correct a scrivener's error due to the inclusion of an unintended reference by deleting the reference to the Executive Director's ability to approve or deny fa!(ade grants in the amount of $1 0,000 or less; and by providing for an effective date, CONSIDERATIONS: On July 30, 2002, the Board of County Commissioners of Collier County, Florida (BCC) adopted Ordinance No. 2002-38, the "Collier County Redevelopment Grant Program Ordinance" creating a Site Improvement Grant and Impact Fee Assistance Grant for the Bayshore/Gateway Triangle Redevelopment Area. On July 22, 2008 the BCC amended Ordinance No. 2002-38 in order to adopt Ordinance 2008-40 creating a Commercial Fa9ade Improvement Grant Program within the Immokalee Community Redevelopment Area using a portion of the funds in the Redevelopment Trust Fund, The proposed Scrivener's Error ordinance deletes the unintended reference to the Executive Director's ability to approve or deny far;:ade grants in the amount of $10,000 or less in the application approval section of the Immokalee Community Redevelopment Agency Commercial Far;:ade Improvement Grant Program Policies and Procedures Document; and provides for an effective date. FISCAL IMPACT: This action is only to correct scrivener's errors regarding the previously adopted Ordinance 08-40 that was approved by the BCC. Therefore, this change by and of itself will have no fiscal impact on the County. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is legally sufficient for Board action. Additionally, this item is not quasi-judicial, requires no ex parte disclosure and requires only a simple majority vote for approval. (MMSS) STAFF RECOMMENDATION: Recommend that the BCC approve the attached Scrivener's Error Ordinance identifying a change to the previously adopted Policies and Procedures Document for the Immokalee Commercial Far;:ade Grant Program, Ordinance 08-40. .- PREPARED BY: Bradley Muckel, Project Manager Immokalee Community Redevelopment Agency (CRA) Page 1 of ] AJenda Item No. 16G1 ~ March 10.2009 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISS!ONERS Item Number: Item Summary: 115G1 Request that the Board of County Commissioners amend the application approval section of the Immokalee Community Redevelopment ,A.gency Commercial Facade Improvement Grant Program Policies and Procedures Document. identified in and adopled by Section Four of Ordinance Number 08-40 to correct a scriveners error due to the inclusion of an unintended reference by deleting the reference to the Executive Directors <lbility to approve or deny facade grants in the amount of S10,000 or less' and by providing for an effective date Meeting Date: 3/10/20099:0000 Arvl Prepared By Bradley Muckel Project Manager Date Bee Immokalee eRA 2110/20094:38:15 PM Appro\'ed By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 2/11/200910:14 AM Approved B)' OMB Coordinator OMS Coordintltor Date County Manager's Office Office of Manbgement & Budget 2111/20093:54 PM Appro\'ed By Steve Camcll PlJr::;h3sin::IGcn8~3i Svcs Director D<::ic Administrative Services Purchasing 2/23/20092:52 PM A pprond B}' Marjorie M, Student-Stirling Assistant County Attorney Date County Attorney County Attorney Office 2/24/200910:18 AM Appro\'cd By Penny Phillippi Immokalee, CRA Date Bee County Redevelopment ,Agency 2/27/20094:55 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 3/2/2009 12:26 PM Apprond By James V. Mudd County M;:ma9ilr Date Board of County Commi5sioners County Marw.gin's Office 3,'2/20092:36 PM f~lp.//r.\ li n.o>nr1-::.Tpd\ r:''''1''r\d\ 1 "',,_r>.A <lrf,j,O/^ ,n 1 II 0/,.,1)'1000\ J (... o/~ ,O('Y\'t\.lC:l:'hrTO/~,() li i:J:'hTn A \ 1 1/I1/'1nnO itelll f\!D. 16G1 h';3fSh 10. 2009 Pdde3of5 ORDINANCE NO. 09~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING THE APPLICATION APPROVAL SECTION OF THE COMMERCIAL FA(,:ADE GRANT PROGRAM POLICIES AND PROCEDURES DOCUMENT ANNEXED TO AND ADOPTED BY SECTION FOUR OF ORDINANCE NUMBER 08-40, WHICH WAS AN AMENDMENT TO ORDINANCE NUMBER 2002-38, AS AMENDED, 'THE COLLIER COUNTY REDEVELOPMENT GRANT PROGRAM ORDINANCE". TO CORRECT SCRIVENER'S ERRORS DUE TO THE INCLUSION OF UNINTENDED REFERENCES TO THE EXECUTIVE DIRECTOR'S ABILITY TO APPROVE OR DENY FA(,:ADE GRANTS IN AMOUNTS OF $ 10,000 OR LESS BY DELETING SUCH REFERENCES; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of Commissioners adopted Ordinance No. 08-40, as an amendment to Ordinance Number 2002-38 n "The Collier County Redevelopment Grant Program Ordinance" n on the 22nd day ofJuly, 2008, and; WHEREAS, following said action adopting Ordinancc No. 08-40, staff determined that the Conmlercial Fa,ade Improvement Program Policies and Procedures Document transmitted to the Collier County Board of County Commissioners contained provisions rclating to the grant of authority to the CRA Executive Director to approve grants of $10,000.00 or less without CRA Board approval. Thcse provisions wcrc not intcnded to be made a part of the public hearing and therefore constitute scrivener's errors. NOW, THEREFORE BE IT ORDAlNED BY THE BOARD OF COUNTY COMMISSIO!\TERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO PROGRAM PURPOSE AND BENEFITS SECTION OF THE COMMERCIAL FA(,:ADE GRANT PROGRAM POLICIES AND PROCEDURES DOCUMENT ADOPTED BY SECTION FOUR OF ORDINANCE NUMBER 08-40 I *Words stmeJHflreHgfl are deleted, words underlined are added. Agerl(~a It0:!YI No. 16G1 :\/~ard', "10, 2009 tJage 4 of 5 Section I entitled "Program Purpose and Bencfits" of the Commercial Fa'Yade Improve- ment Program Policies and Procedures Document identified in and adopted by Section Four of Ordinance Number 08-40 is hcreby amended to read as follows: Section J-Prol!I'am Purpose and Benefits * * . * * * CRA staff will review applications for complctcness and determine if funding is to be recommended. The CR'\ EKeelltive DiroeteF--Gf--designeo may appro','c grant applioations of $ I 0,000 or less; applieacions ill. e1wess of--$.U);OOl)-wiH-be for\'farded to tRe Communit). Reae~'cIopment ,^.gell.ey Advisory Boaffi--!llld-the-GRA-Beard-fel'-i'evie'lf for f\lading appnn'aI. Grant funds will he distributed only upon completion of improvcments and submittal of all receipts, invoices and required documentation to CRA staff. Applicants must be willing to maintain the renovations lUJd improvements for at least five years. The Grantee shall not be liable to the CRA for repaymcnt ofthc grant funds provided the Grantee complies with all conditions set forth in the Grant Agreemcnt. Should the Grantcc transfcr, sell, divest itself of its interest in the subject property, or fail to maintain the renovations and improvements during the five-year period following receipt of the grant funds, the CRA shall be entitled to reimbursemcnt of the grant funds as follows: Elallsed Time Amount Due CRA o to one year after grant funds received 100% One year after grant funds receivcd 80% Two years after grant funds received 60% Three years after grant funds received 40% Four ycars after grant funds received 20% Five years aftcr grant funds rcccived 0% SECTION TWO: SCRIVENER'S ERROR AMENDMENT TO APPLICATION APPROVAL SECTION OF THE COMMERCIAL FA<;;ADE GRANT PROGRAM POLICIES AND PROCEDURES DOCUMENT ADOPTED BY SECTION FOUR OF ORDINANCE NUMBER 08-40 2 'Words struck tl'li'ougll are deleted, words underlined are added. Ageilca I~em No. i 6G 1 'Aarch 10. 2009 ?a;}8 5 Dr 5 The Section entitled "Application Approval" of the Commercial Fa,ade Improvement Program Policies and Procedures Document, identified in and adopted by Scction Four of Ordinance Number 08-40 is hereby amended to correct a scrivener's error by amcnding said Section to rcad as follows: Application Approval T-he-GR.'. Elteeati':e Direotor or desigllee will apprElve Ell' dellY grail! a]'>fJlieatiElfls of $ JO,OOO-ef less. Projects in 61wess Elf $10,000 will be forwarded to the CRA Advisory Board and the CRA Board with a recommendation from CRA staff for funding approval or denial. All applicants will receive written notification regarding approval or denial of their application. If an applicant's proposal is approved by the-G~o\'ltive DireotElr/designee (lr the CRA, as aprlieaele, the applicant will receive written notification of the approval, which will include a funding agreement listing the amount of matching funds that are approved. SECTION TWO: EFFECTIVE DATE This Ordinance shall become 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 ,2009. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN Approved as to form and Legal sutliciency: -rJid- ~~,; o)L~~ -,tla~ Mar.&lrie M. Student-Stirling . 0 Assistant County Attorney 3 · Words &!mek-tlH-euglJ are deleted, words underlined are added.