Agenda 05/27/2008 Item #17A
Agenda Item No, 17A
May 27, 2008
Page 1 of 7
~,
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners consider adopting an
Ordinance to amend the Fee Payment Assistance Program to allow existing Collier County
businesses that are expanding to include the wages of current employees in establishing
their eligibility for the Fee Payment Assistance Program; the Ordinance has been prepared
in accordance with the request by the Economic Development Council of Collier County
and the prior direction of the Board of County Commissioners
OBJECTIVE: That the Board of County Commissioners (Board) consider adopting an
Ordinance to amend the Fee Payment Assistance Program to allow existing Collier County
businesses that are expanding to include the wages of current employees in establishing their
eligibility for the Fee Payment Assistance Program. The proposed Ordinance has been prepared
in accordance with the request by the Economic Development Council of Collier County and the
prior direction of the Board,
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CONSIDERATIONS: On November 18,2003, the Board adopted Ordinance No, 2003-61, as
amended, which established a Fee Payment Assistance Program to mitigate the economic effects
of increased impact fee rates, The Fee Payment Assistance Progran1 is intended to:
(1) Provide a performance-based program offering financial relief for eligible targeted
industry development or expansion projects in Collier County to mitigate the effects of
rising impact fee rates;
(2) Provide for the economic well being of Collier County residents by providing high-
wage employment opportunities in Collier County;
(3) Lessen the seasonal cycle of Collier County's economy; and
(4) Encourage investment opportunities for new or existing companies thus increasing
and diversifYing the county's tax base.
Currently, in order for a business to be considered eligible for the Fee Payment Assistance
Program it must meet one of the following specific eligibility requirements:
I) Must be a targeted industry locating in Eastern Collier County; must create 10
new jobs of at least 115% of the Collier County's current average wage; or
2) Must be located within the boundaries of the Immokalee Rural Federal Enterprise
Community and/or the Immokalee Community Redevelopment Area; must create a
minimum of 5 new jobs at no less than 50% of the Collier County average wage; or
3) Must be a high impact project and a targeted industry locating in Western Collier County
(outside of areas described above); must create 20 new jobs of at least 150% of the
Collier County average wage.
The wage requirements above are based strictly on the average wage of the new jobs, therefore,
for existing businesses expanding in Collier County, the wages of the current employees are not
included in the calculation to determine eligibility, This may be problematic for an expanding
business that has a management structure in place and is expanding the company's general
workforce.
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Agenda Item No, 17A
May 27, 2008
Page 2 of 7
On April 23, 2008 during the discussions related to item 10D, the Board directed the County
Manager (or his designee) and the County Attorney to prepare an Ordinance to amend the Fee
Payment Assistance Program to allow the wages of the existing jobs and the newly created jobs
to be utilized to calculate the average wage for the purpose of qualifying for the Program, This
direction is consistent with the request by the Economic Development Council (EDC) of Collier
County,
Based on the Board's direction and guidance from EDC staff, the County Attorney's Office and
staff have developed an Ordinance providing for the stipulated change which adds the following
language to the Fee Payment Assistance Program provisions:
"An existing targeted industry company expanding within Collier County may include
the wages of the existing iobs and the newlv created iobs to calculate the average wage
for the purpose of qualifying for the Fee Payment Assistance Program."
This revision will increase the access to economic incentives for local businesses that are
considering expanding or relocating in Collier County,
FISCAL IMPACT: By adding another eligibility requirement option, additional companies
may qualify for the incentive program, however, there is no direct fiscal impact related to this
request. The total budget for the loca] Economic Incentive Programs for Fiscal Year 2008 is
$1,147,]00 and this request does not constitute an increase to that amount. Additionally, the
local Economic Incentive Programs are subject to the availability of funding,
GROWTH MANAGEMENT IMPACT: This request is consistent with Objective 3 of the
Economic Element of the Collier County Growth Management Plan which states: "Collier
County will support programs which are designed to promote and encourage the recruitment of
new industry as well as the expansion and retention of existing industries in order to diversify the
County's economic base."
LEGAL CONSIDERATIONS: The County Attorney participated in the preparation of this
proposed Ordinance, which is legally sufficient for Board consideration and approvaL -JAK
RECOMMENDATION: That the Board of County Commissioners (Board) adopt the
Ordinance to amend the Fee Payment Assistance Program to allow existing Collier County
businesses that are expanding to include the wages of current cmployees in establishing their
eligibility for the Fee Payment Assistance Program.
Prepared by:
Amy Patterson, Impact Fee/Economic Development Manager
Business Management and Budget Office, CDES
Reviewed and Approved by: Tammie Nemecek, President & CEO
Economic Development Council of Collier County
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17A
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Agenda Item No, 17A
May 27, 2008
Page 3 of7
Recommendation that the Board of County Commissioners consider adopting an Ordinance
to amend the Fee Payment Assistance Program to allow existing Collier County businesses
that are expanding to Include the wages of current employees in establishing their eligibility
for the Fee Payment Assistance Program: the Ordinance has been prepared in accordance
with the request by the Economic Development Council of Collier County and the prior
direction of the Board of County Commissioners
5/27/2008900.00 AM
Prepared By
Amy Patterson
Community Development &
Environmental Services
Impact Fee Manager
Financial Admin. & Housing
Date
Approved By
5/8/20081:14,30 PM
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
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Approved By
5/9/20089:16 AM
Jeff Klatzkow
County Attorney
Assistant County Attorney
County Attorney Office
Date
5/9/2008 4:20 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
Date
5/14/20087:41 PM
Approved By
Garrett MuUee
Community Development &
Environmental Services
Financial Operations Manager
Financial Admin. & Housing
Date
5/15/200811:01 AM
Approved By
OMS Coordinator
County Manager's Office
OMS Coordinator
Office of Management & Budget
Date
5/15/2008 3:07 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
Date
5/16/200811:41 AM
,___ Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
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Agenda Item No, 17 A
May 27, 2008
Page 4 of 7
Board of County
Commissioners
County Manager's Office
5116/200811:48 AM
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Agenda Item No. 17 A
May 27,2008
Page 5 of 7
ORDINANCE NO. 2008 .
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO, 2003-61, AS AMENDED,
WHICH ESTABLISHED A FEE PAYMENT ASSISTANCE
PROGRAM AND IS CODIFIED IN ARTICLE II OF
CHAPTER 49 OF THE COLLIER COUNTY CODE OF
LAWS AND ORDINANCES, IN ORDER TO ENLARGE
PROGRAM ELIGIBILITY CRITERIA RELATING TO
THOSE EXISTING TARGETED INDUSTRY BUSINESSES
EXPANDING OR RELOCATING IN COLLIER COUNTY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on November 18, 2003, the Board of County Commissioners of Collier
County, Florida adopted Ordinance No. 2003-61, as amended, which established a Fee Payment
Assistance Program to mitigate the economic effects of increased impact fee rates; and
WHEREAS, the Fee Payment Assistance Program is intended to: (1) provide a
performance-based program offering financial relief for eligible targeted industry development
or expansion projects in Collier County to mitigate the effects of rising impact fee rates; (2)
provide for the economic well being of Collier County residents by providing highwwage
/-',
employment opportunities in Collier County; (3) lessen the seasonal cycle of Collier County's
economy; and (4) encourage investment opportunities for new or existing companies thus
increasing and diversifying the county's tax base; and
WHEREAS, on April 22, 2008, the Board of County Commissioners, based on the
recommendation of the Economic Development Council of Collier County, determined that
those existing businesses expanding or relocating in Collier County should be able to '"include the
wages of current employees in establishing their eligibility for the Fee Payment Assistance
Program; and
WHEREAS, this revision will increase the access to economic incentives for local
businesses that are considering expanding or relocating in Collier County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE. Article II, Fee Payment Assistance Program, Section 49-25, Program
eligibility criteria of the Collier County Code of Laws and Ordinances IS hereby amended to read
as follows:
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Underlined text is added; stmelc thfSHgh text is deleted.
Section 49-25.
Program eligibility criteria.
To be considered eligible for approval under this program, a business or project must
meet the criteria of one of the following categories:
(1) Be located within Eastern Collier County and meet the following criteria:
a. Type of business conducted is within the targeted industry list of the
Economic Development Council of Collier County~ and
b. Creates a minimum often new full-time jobs; and
c. The newly created jobs pay an average wage of at least 115 percent of the
County's current private-sector average wage.
(2) Be located within the boundary of the ImmokaJee Rural Federal Enterprise
Community and meet the following criteria:
a. Create a minirmun of five new jobs; and
b. The newly created jobs pay an average wage equal to or greater than 50%
percent of the county's current private-sector average wage.
(3) Be located within the boundary of the lmmokalee Community Redevelopment
Area and meet the following criteria:
a. Create a minimum of five new job; and
b. The newly created jobs pay an average wage equal to or greater than 50
percent of the county's current private-sector average wage.
(4) Be a high impact project and be located outside the enterprise community and
Eastern Collier County and meet the following criteria:
a. Type of business conducted is within the targeted industry list of the
Economic Development Council of Collier County; and
b. Creates a minimum of20 new full-time jobs; and
c. The newly created jobs pay an average wage equal to or greater than 150
percent of the county's ClUTent private-sector average wage.
d. Each application for program participation must have approval by the
board of county commissioners.
(5) An existing targeted industry companv expanding within Collier County may
include the wages of the existing iobs and the newly created lobs to calculate the
averae:e wage for the pUfODse of qualifvine for the Fee Pavm.ent Assistance
Prolrrarn.
SECTION TWO. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or any
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 portions,
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 Ordinances may be re~numbered or
Te-Iettered 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 Florida Department of
State.
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Agenda Item No, 17 A
May 27, 2008
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PASSED AND DULY ADOPTED by lbe Board of County Commissioners of Collier
County, Florida Ibis _ day of ,2008,
ATTEST
Dwight E. Brock, Clerk
By:
, Deputy Clerk
~
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN
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Agenda Item No. 17,1\.
May 27,2008
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