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BCC Minutes 03/30/1994 S (Regional Sewer System Impact Fee)Naples, Florida, March 30, 1994 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such epecta! districts as have been created according to law and having conducted business herein, met on this date at 5:05 P.M. in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Timothy J. Constantine VICE-CHAIRMAN: Betrye J. Matthews John C. Norris Michael J. Volpe Burr L. Saunders ALSO PRESENT: Marilyn Fernley, Recording Secretary; William Hatgert, Assistant County Manager; Ken Cuyler, County Attorney~ Richard Yovanovtch, Assistant County Attorney; Greg Mthalic, Affordable Housing Director; and Deputy Jeff Matufo, Collier County Sheriff's O~fice. Page March 30, 1994 (o¢) ORDINANCE NO. 94-14 AMENDING COLLIER COUNTY ORDINANCE NO. 90-87, AS AMENDED, RELATING TO TH~ COLLIER COUNT~ ~GZON~ S~R ~T~ Z~ACT ~E 0~Z~CE; ~ ~ZNG BECTZON 3.04, PROVIDING FOR MODIFICATION 0F PROVZSION8 ~TING T0 ~0~LE HOUSING - Legal notice having been published tn the Naples Dai~y News on March 11, 1994, as evidenced by Affidavit of Publication f~led w~th the Clerk, a public'hearing was opened. Greg M~hallc, Affordable Housing D~rector, stated tha~ the pro- posed ordinance w~l~ allow for a waiver of ~mpac~ fees fo= rental affordable housing project developers for a s~x (6) year period. He explained that the County can gran~ the deferral w~thout having to reimburse the ~mpact fee f~ds because It fails within the seven year w~ndow available for pa~ent for caplTa~ Improvements; however, ~f capital Improvements ~ust be completed and funds are not available, the County ~ay have to pay for the Improvement and reimburse the ~mpac~ fee funds but the chance ~e slight tha~ this w~l occur. Mr. Mlhallc stated that the number of years that a project must remain affordable has been left blank In the proposed ordinance and years ~s being reco~ended by S~aff because ~t coincides with the low ~ncome housing t~ credit ~d sale progr~ that the State ~d Federal governments offer. Mr. Mlhal~c stated that the presen~ ordinance allows for a 50 percent deferral of ~mpact fees for ~5 years If the project services low ~ncome ~nd~vlduale only but the proposed ordinance would allow 100 percent deferral for six (6) years. Co~ss~oner Norris questioned the mechanism to ensure that the deferrals are repaid when due? Mr. M~l~c ~nformed the Board that the deferral ~e secured by a supe=~or lien on the property. R~chard Yovanov~ch, Assistant County Attorney, etated that the propert~ o~e~ ~s required ~o enter ~n~o an Affordable Housing Agreement with Collier County which Is recorded and the County can Pmge 2 March 30, 1994 foreclose on the property, if necessary. Xn response to Couissioner Norris, Mr. Mlhalic replied that no out-of-pocket monies will be required by the County for the lapact fee f~nds. Couuleeloner Volpe stated that the County does not want to be placed in the position of dispossessing and/or becoming the owner of the properties If foreclosure Is necessary. He questioned If personal guarantees are required? Commissioner Natthews stated that the bank will want to protect the mortgage since the County lien is superior. Co~u~lssloner Saunders stated that It wtll be easier to obtatn the real estate than pursue a personal guarantee. Martin Hennassay, Saddlebrook Village, stated that the impact fees are approximately $4,400 per unit or about $2,0000000 on his pro~ect and the project w111 be worth approximately $30 to $31 million. He explained that as part of the finance package, he will have a co--ltment by the lender that the cash flow In six (6) years is adequate to meet the debt service coverage requirements. Co-~leeloner Volpe questioned if the ordinance can contain a pro- vision that the applicant must establish a co~u~ltment from the primary lender or lenders that the cash flow will be sufficient at the end of six (6) years? Commissioner Constantine pointed out that the County could eel1 the property for ten cents ($.10) on a dollar and come out ahead. Mr. Hennassay stated that 40 to 45 percent cash will be privately Invested In the project between hisself and the investor group. He pointed out that the companies that have invested billions of dollars in this type of project have never experienced a loss or they would never get anyone to Invest again. The following persons spoke on thts item: Stephen Thompson Frank Cooper Jane Varner &msimrant County Attorney Yovanovich assured the Board that language will be added to the ordinance that sll reasonable costs, Page 3 Hatch 30, 1994 fees and Interest Is to be paid by the defaulting party In case the County forecloses on property for nonpayment of deferred Impact fees. In response to Co~u~tsstoner Hatthews, Hr. Nlhallc replied that every year a project must certify that they meet the guidelines for affordable housing. Couissloner Natthews questioned If the the ordinance includes a penalty clause to guarantee that after the Impact fees are paid In six (6) years that the project remains affordable for 15 years? Hr. Yovanovich stated that the County can sue under the Affordable Housing Agreement and enjoin them from renting to an unqualified applicant. He informed the Board that he will include in the ordinance language providing that costs and fees for enforcing the Agreement Is to be paid by the defaulting party. In response to Commissioner Saunders, Hr. Yovanovich stated that the Affordable Housing Agreement will run with the land should the property be sold. Conissloner Constantine closed the public hearing. In response to Coeuatesloner Volpe, Hr. Nthallc replied that any developer can reapply for impact fee deferrals under this ordinance. Contssloner Saunders moved, seconded by Co--Issloner Volpe and carried unanimously, that Ordinance No. 90-8T be uandsd, providing for · 15 year ~rlod that the rental apartment devslop~mnt shall rs~mtn Affordable Housing qualified and the addition of language pro- riding that If any action is required by Collier County to collect the deferred fees or enforce the Affordable Housing Agresunt, sortable costs, fees and Interest are to be paid by the defaulting part¥~ thereby adopting Ordinance No. 94-14, and antered into Ordinance Book No. 65. 0RDZItMICE ~0o 94-~5 AN~I~DIH~ COLLIER COUNTY ORDINAHCE NOo 90-86~ AN~NDED~ RE~A~ZHG TO T~ COLLZHR COUN~Y RE~ZOHA~ ~ATER ~Y$~EN ZNPAC~ · EE ORDZN&31CE~ BY&I~ENDZHG 8ECTZON 3o04, PROVIDING ~0RNODZ~ZCA~ZON O~ PR0Vl$Z0~ RELA~ZH~ T0 AIr~0RDABLE HOUSIHG - ADOP~HD Legal notice having been published in the Naples Daily Hews on Hatch 11, 1994, as evidenced by Affidavit of Publication filed with Page · Hatch 30, 1994 the Clerk, a public hearing was opened. Discussion on this itea was heard under Item #3A above. Conmissioner Constantine closed the public hearing. Co~iseAoner Saunders ~oved, seconded by Co~issioner Volpe and carriedunanie~usly, that Ordinance Is. 90-86 be nandad, providing for a 15 yea~ period that the rental apartment development shall re~ain Affordable Nou~lng qualified and the addition of language pro- riding that if any action is required by Collier County to collect the deferred fees or enforce the Affordable Housing Agreesent, all rea- sonable costs, fees and interest are to be paid by the defaulting part~ thereby adopting Ordinance No. 94-15, and entered into 0rdina~ce Book No. 85. Itea #30 ORDXNA~CI NO. 94-16 AMNNDXNS COLLXER COUNTY ORDINANCE NO. 88-97, A~ AMeNDeD, ~LATINS TO TH~ COLLIER COUNTY LIBRARY SYSTEM XMPACT F~E ORDINA~C~ AM~qDXNS SECTION $.04, PROVXDXNS FOR MODXFXCATION OF PROVXSX01~ /t~f, ATXNS TO AI~FORDABLI HOUiXNS - ADOPTED Legal notice having been published in the Naples Daily News on March ll, 1994, as evidenced by Affidavit of Publication filed with the Clerk, a public hearing was opened. Discussion on this item was heard under Item #3A above. Commissioner Constantine closed the public hearing. Commissioner Saunders ~oved, seconded by Co---lssioner Volpe and carried unani~ou~ly, that Ordinance No. 88-97 be a~ended, providing for a 15 year period that the rental apartment development shall re~ain Affordable Nou~ing qualified and the addition of lanquage pro- vldlng that if any action is required by Collier County to collect the deferred fees or enforce the Affordable Housing AgreeMent, all rea- sonable costs, fees and interest are to be paid by the defaulting par~ tbersby adopting Ordinance No. 94-16, and entered into Ordinance Book No. 85. ORDX~MIC~ NO. 9&-ZT A~ENDXNS COLLXER COUNTY ORDXNANCE NO. 88-98, AS AMEXDRD~ RET~,TZNS TO T]~ COLLZER COU]T~Y PARKS JU~D RECREATZON · ACXLZ~X~$ ZMPACT I~E ORDXNANCE~ AI~ZNS SECTXON 4.0~, PROVXDXNS ~OR MODZ~ZCATXON O~ PROVXSXONS RELATZ~S TO AIr~ORDABLE NOU8ZNS - ADOPTED Page 5 Harch 30, ~994 Legal notice having been published in the Naples Daily News on March 11, 1994, as evidenced by Affidavit of Publication filed with the Clerk, a public hearing was opened. Discussion on this item was heard under Item #3A above. Commissioner Constantine closed the public hearing. Co--tseloner Saunders moved, seconded by Caniseisner Yelps and carrted unant~ou~l¥, that Ord~n~ce No. 88-96 ~ ~ended, providing for a 15 ~ ~rAod that the rental apartment development re~ Affor~ble H~s~ng ~al~fled ~d the addition of l~age pro- vtd~ t~t 3f ~y act3on ~ r~red by Collier C~ty to collect the deferred fee~ or enforce the Affordable Hou~ng A~ee~ent, all rea- sonhie caste, f~ ~d Interest are to be pald by the defaulting ~ there~ adopt~ng Ord~ce No. 94-~T, ~d entered ~nto 0rd~ce ~k No. 65. Item ~3~ O~Z~C~ ~0. 94-~8 ~ZNG CO~Z~R CO~ O~ZN~C; NO. 91-V~, ~ Z~A~ ~ O~ZN~C~; ~ZNG 5~C~ZON 3.04, ~ROVZDZNQ ~0R ~DZ~ZC~ZON O~ ~OVZSZO~S ~ZNG ;0 ~0~; ~OUSZNG - Legal notice having been published tn the Naples Daily News on March 11, 1994, as evidenced by Affidavit of Publication filed with the Clerk,' a public hearing was opened. Discussion on this item was heard under Item #IA above. Commissioner Constantine closed the public hearing. Comatutoner Saunders ~oved, ascended by Cantosloner Volpe and carried unanimously, that 0rdlmce No. 91-71 ~ mnded, pr~ldtng for a 15 ~ ~r~ t~t the rental a~rt~nt develo~nt re, in ~ffor~ble ~e~ng ~l~f~ed ~ the addition of l~age viding t~t If ~y action ~s r~red ~ Collier C~ to collect the deferr~ feel or enforce the Affordable H~ming AgreeMnt, all rea- ~; t~ro~ adopt~ng Ordl~co He. 94-~8, ~d entered Ord~ ~k No. 65. 0~~1 ~, 94-19~ZNQ CO~Z~CO~O~ZN~CE NO. 02-22, AS ~~, ~TZNG TO ~ COLLI~ C0~ RO~ I~ACT ~E 30° :~.. 'AM~ID~ ~1~0~ S.04, PltOV/DI~G FOR MODZrZCATZ0)I OF PROVISZ0~ Iq~LATZ~I~ TO AIq~RDABLE HOUSZIIG - ADOPTED Legal notice having been published In the Naples Daily News on Narch 11, 1994, as evidenced by Affidavit of Publication filed with the Clerk, a public hearing was opened. D~scusslon on this ltea was heard under Item #3A above. Commissioner Conmtant~ne closed the public hearing. Coum~eeloner Ssundere moved, seconded by Conmlmmtoner Yelps end carried unmnimouoly, that Ordinance He. 02-22 be mnded, providing for · 18 1mar period that the rental apartment development ·hall rmin &ffordable Hou~lng qualified end the &dditlon of language pro- vlding that If any action Ie required by Collier County to collect tha d~ferred fee~ or enforce the &fford~ble Hou~tng Agreement, all rea- sonable costs, fees end tntarest are to be paid by the defaulting party~ tholeshy adopting Ordinance No. 94-19, end ant·red into Ordinance BookIfs. 68. ORDIIAJJCl JJO. ~4-20 JLMIlfDIJ~ COLLIER COUNTY ORDIJZAJJCI NO. 92-33, AS AMIl~DKD, RI~tTZJ~J TO THE COLLIER COUIFI~ KDUC&TZOIAL rACZLITZLq SYSTEM IMPACT FII ORD~; AMENDING SECTIO~ 3.05, PROVIDINO FOR MODITIC&TIO~OFPROVISIO~S RELATING TO AFFORD·ILK HOUSING - ADOPTKD Legal notice ha~ing been published In the Naples Daily News on March 11, 1994, as evidenced by Affidavit of Publication filed with the Clerk, a public hearing was opened. Discussion on thta Item was heard under Itea #IA above. Couulssloner Conat·atlas closed the public hearing. Commissioner Keundera BoY·d, oecondedbyCoBmisaLoner Yelps end carried unanimously, that Ordinance Is. 92-33 be amended, providing for · linear perked that the rental ·i~rtment development ~tmll re~inKffordable Hou~ing qualified end the addition of language pro- riding that i£ any action la required by Collier Count~ to collect tha deferred foes or enforce the Affordable Housing Agreement, all rea- sonable co, to, fees end Later·or are to be paid by the defaulting party~ thereby adopting Ordinance fie. 94-20, end entered into 000,, 08 Page 7 March 30, 1994 OrdLn~nce Book Io. 85. There being no further buetneee for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 5:45 P.H. BOARD OF COUNTY COMMISSIONERS BOARD OF ~ONING APPEAL$/EX OFFICIO ~RNING BOARD(S) OF SPECIAL,DISTRICTS UNDER ITS . approved ~ the Board on ';~ or as corrected . · Page 8