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BCC Minutes 02/16/1994 S (Regional Sewer System Impact Fee)Naples, Florida, February I6,1994 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 special 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 t' VICE-CHAIRMAN: Betrye J. Matthews John C. Norris Michael J. Volpe Burr L. Saunders ALSO PRESENT: Charlene Metz, Recording Secretary; Nell Dorrlll, Manager; Ken Cuyler, County Attorney; Heidi Ashton, Martha Howell, and Richard Yovanovtch, Assistant County Attorneys; George Archibald, Transportation Services Administrator; Greg Mthalic, Affordable Housing Director; and Deputy Jim Waller, Shertffls Office. Page February 16, 1994 94-3 AM~NDIXa COLLIER C0~ 0~IX~CE 90-87, ~ ~ED, Legal notice having been published in the Naples Daily News on January 28, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Greg Mihalic, Affordable Housing Director advised that this Public Hearing is being held in order to amend seven (?} Collier County Ordinances. Mr. Mihalic read the proposed changes as listed in the Executive Summary dated February 26, 2994. Mr. Mihalic advised that Number 8 has been changed from the five (5) year repayment term reflected in the Executive Summary by the County Attorneyst Office. He disclosed that all waived or deferred ~mpact fees shall be paid by the Board into the appropriate ~mpact fee trust account within six (6) years for all impact fee funds except water and sewer, which must be paid ~nto the ~mpact fee fund within seven (7) years from the date of the award of the impact fee waiver or deferral, but no later than when the funds are needed for the project. Mr. Mthaltc announced that this change affects Item #9 in the Executive Summary in the same manner, extending the time from five (5) years to aix (6) years for all Impact fees except water and sewer, which must be pa~d Into the impact fee fund within seven (?) years from the date of the award of the impact fee waiver, derefta1, exemp- · tton or reimbursement, but no later than when the funds are needed for ' ' the project. Mr. Mthalic reported that the owners must apply for their right for a refund in a timely manner from the Library System, Parks· and Recreation or Road Ordinances. In response to Commissioner Matthews, Mr. Mthalic stated that the impact fee waiver and deferral is on new homes, and application would Page 2 February 16, I994 have to be made before the home is constructed. He disclosed if a builder wanted to lease-purchase a home and has a qualifying buyer, the prospective purchaser could apply for the waiver or deferral, but that option must be exercised within 24 months. He related that the rent-to-buy situation would also qualify as long as the option was exercised within 24 months. Commissioner Matthews noted that once a buyer has qualified for affordable housing, obtains the waiver, and lives in the house for fifteen (15) years, the impact fees and any accrued interest are no longer due and the lien on the dwelling unit will be released. In response to Commissioner Matthews, Mr. Mihalic explained that the 40~ increase in income was developed from standards used in low income rental projects, that he strongly believes that once a person qualifies, the waiver or deferral should continue, even if the income increases. He noted that any increase tn income in the current Ordinance would require the obligation to be paid back. He pointed out that thie has caused a problem in tmp]ementtng the Ordinance " .because people are afraid they will lose their home if their income ii increases. He said the 40~ Increase is a lesser restriction, however, -' it Is still too restrictive. Commissioner Constantine disclosed that he understood that the increase in income would apply to a renter of affordable housing, assuring that the dwelling would bs used in compliance with the Affordabla Housing Ordinance. He questioned whether there should be · an increase for o~ners of the dwelling. Commissioner Constantine cited that his understanding is that the purpose of creating affordable housing is to allow people the oppor- ..' tunlty to Increase their lot in life. He remarked that the 40~ Income " increase for owner-occupants is a restriction that seems to defeat ~' that purpose. Commissioner Matthews commented that a person*s Income could increase 40~ and move them from very low income to low income, and under the wording in the Ordinance, they would be required to repay Page 3 February 16, 1994 the impact fee. She indicated that she has difficulty agreeing with the 40~ Increase in income being levied against the owner. Regarding the resale of an owner-occupied affordable housing unit, Commissioner Matthews stated that the Board of County Commissioners could be faced with an enforcement problem. She indi- cated that the idea of impact fee waivers is to help families get into an owner-occupied home, and questioned whether this could be monitored to assure that the value passed on to a new qualified buyer is less than fair market value? Mr. Mihaltc explained that at the sale of the home, the lien would become payable at closing, unless the owner found a buyer that qualified for affordable housing, in which case the lien would con- tinue in place with the new family, providing additional affordable housing for a first time home buyer. Responding to Commissioner Matthews, Mr M~halic d~sclosed that if the lien was called due upon the sale of the home, the home could no longer qualify as a new home and there would be no impact fees due on it. He stated that although the impact fee could be recycled, the home would no longer qualify as affordable housing. He disclosed that It is the option of the seller to decide whether he wants to save the $6,000 repayment and pass it on to the next qualified buyer. Commissioner Matthews related her concern that the person origi- nally granted the waiver could sell the dwelling at a purchase price that would give them a 86,000 benefit that they are not entitled to receive, therefore, she would like to see the impact fee paid back at closing if the home is sold prior to the fifteen (15) year limitation. Commissioner Saunders declared that if the home is sold to another qualified buyer the impact fee derefta1 will remain in place for the balance of the fifteen (15) year period. in response to Commissioner Matthews, Mr. M/halle explained that when the home is built, the contract is listed without the impact fee waiver or dererrs1 and then deducted from the purchase price, leaving the net price. Page 4 February 16, 1994 Mr Mihaltc noted that the dwelling would be nade attractive for that seller to find a qualifying buyer by making the purchase price $6,000 less, the house will sell more easily, and the $6,000 obliga- tion would be passed on to the new owner. Commissioner Constantine noted that if the buyer was not a qualified buyer, the $6,000 impact fee would be due at closing, and tf the buyer did qualify for affordable housing, the unit would remain in the affordable housing inventory. Commissioner Saunders agreed with Mr. Mihaltc that if the impact fee deferral or waiver is passed on to the new owner, that would encourage the continuation of the property being occupied by someone who needs affordable housing, and would also keep the property in the affordable housiDg inventory. He stipulated that at, or prior to closing, the impact fee would be collected if the new buyer did not qualify for the affordable housing waiver or deferral. Commissioner Norris advised that the property would have a lien against At, which would act as a fail-safe, preventing the owner from selling the property without the knowledge of the Board of County Commissioners. In response to Commissioner Matthews, Mr. Mlhaltc explained that ataff Is recommending that the Public Hearings be conducted during re~lar Board meeting hours, and not continue holding them in the evening because they are easier to schedule during the daytime hours when changea need to made in Ordinances, ae opposed to the night meetings, which take longer to set up, advertise and approve. Commissioner Matthews disagreed, pointing out that most of the people involved in these issues are working people who cannot take time off from work to be at the Regular Board Meeting, when their con- carne are better met An the evening. Commissioner Matthews asked why the impact fee study will be reviewed at a minimum every three (3) years Instead of every year? Assistant County Attorney Heidi Ashton replied that ~t has been changed to three (S) years to keep in line with the other Ordinances. 05 Page 5 February 16, 1994 She revealed that the three (3) year period is a minimum time frame. " Co~missioner Constantine asked if there is a potential of overcharging or missing some revenue by waiting the three (3) years before reviewing the Impact fee funding? Mr. Mlhaltc replied that he is not qualified to advise how often the review process should take place. Responding to comments made by Commissioner Matthews, County Manager Derrill related that the review studies are done to assure that the rationale used to set the impact fees is still valid. He commented that going to a three (3) year review would be practical, etating that if the impact fees are to change every year, it could become confusing and Inconvenient to the building industry and poten- tial home buyers, and would make it harder to ascertain what the aggregate impact fees are in any given year. He affirmed that it would keep the fee that is levied constant over a three year period, which would aid in the ability to market the properties. County Attorney Cuyler agreed with Mr. Derrill and stated that the reviews need to be done in time to catch increased construction costs, but not so often that it causes administrative problems. It was the consensus of the Board that the six 6X interest accruing per annum on deferred or waived Impact fees be disallowed. Commissioner Saunders agreed that the 40~ increase in income should remain in effect for renters of affordable housing, however, the 40~ increase in income for owner-occupied dwellings should be eli- minated, and that no limitation be set for future increases in income after qualification. He advised that this could encourage people not to better themselves in order to stay in the house. Responding to Commissioner Matthews, Mr. Mlhalic clarified that the 40~ increase in income would continue to apply to renters of affordable housing units. He disclosed that most Affordable Housing Rental Projects have contracts under the Low Income Housing Tax Credit Program an~ the State Programs that require the landlord to find a new qualifying tenant when a renter's Income exceeds a certain level. Page 6 February 16, 1994 Mr. Mthaltc responded to Commissioner Saunders, stating that the qualification process for very low Income housing Includes not only !:'il. ths evaluation of the current income, but the prior income and the ~'i projected income as well. Referring to interest accruing on impact fee deposits which are not needed for improvements and addition, which at the discretion of the Board can be used to fund waivers or deferrals of Impact fees put- : suant to affordable housing provisions Commissioner Volpe asked how it could be determined whether the Interest is needed for Improvements .and additions. He declared that certain projects could cost more than projected and the total cost will not be known until completion of the project. He suggested that the Board look at how that Issue could be determined in the future. Assistant County Attorney Ashton advised that conversations with both the Budget and Finance Offices would determine the projected costs. She stated that a conservative cost approach would have to be taken and this would be a difficult calculation. In response to Commissioner Matthews, Richard Yovanovich, Assistant County Attorney replied that the Interest accruing on the accounts is not calculated Into the equation for Impact fees. He Informed the Board that the fee is based on the construction costs at 'that point ~n time. Commissioner Volpe suggested that the Interest is needed not only ' for the additions and Improvements, but also for the debt service. Commissioner Volpe recalled that Collier County originally pat- terned the impact fee waiver and deferrals after Orange County~s Benefit levels. He asked if there are other communities that are charging Interest on impact fee deferrals, to which Mr. Mthaltc responded that there are none that he is aware of. Commissioner Volpe clarified that the 40~ income Increase for ren- ters will be evaluated on an annual basis. Commissioner Constantine declared that the Board of County i. , Commissioners has decided to disallow the accruing interest of six 6~ 07 Page ? February 16, 1994 annum on deferred and waived impact fees that was to be paid at sale of the property to a non-qualified buyer, or upon failure to · ~imaintain the affordable housing benefit standards for fifteen (15) years. Commissioner Constantine read the items listed in the Executive Summary and asked the Board to comment on each one. Item #1: Interest accruing on impact fee deposits which are not needed for improvements and additions may, at the discretion of the Board, be used to fund waivers and deferrals of impact fees pursuant to affordable housing provisions. The general consensus of the Board .was to agree, if the language is changed to reflect their concerns. Item #2: The purchaser under a lease-purchase agreement, will qualify as an owner-occupied dwelling unit provided the option is exercised and the purchaser takes ownership of the property within 24 months. The general consensus was to accept this item. Item #3: Deferred impact fees will be repaid to the County with interest accruing at the rate of six 6~ per annum. Waived impact fees will be repaid to the County with interest at the rate of 6~ upon the sale of the dwelling unit to a non-qualified purchaser or upon the failure to maintain the affordable housing benefit standards for fifteen (15) years. Commissioner Norris suggested that the impact fee deferrals for large rental projects be indexed to inflation. He explained that he never intended the 6% interest to be applied to owner-occupied housing. Commissioner Norris agreed with Commissioners Saunders and Constantine that the County's affordable housing thrust should be to encourage owner-occupied housing, and avoid doing anything that would cause a deterrent to better their status in life. He disclosed that in order to keep current with what the rental projects owe, it should be indexed to inflation. Commissioner Volpe pointed out that the people in the East and South County Water and Sewer District are repaying their deferred impact fees with a low interest loan provided by the County. He 08' Page 8 February 16, 1994 ' i suggested that the Board give some consideration regarding the reco- ~[..~ . ~:i- very of some of the money advanced, without over-burdening the rental ?.~' project. Commissioner Norris noted that the Board has the responsibility of / properly taking care of the taxpayers' money. Commissioner Saunders asked what the impact on financing affor- ~ dable housing will be if there is uncertainty regarding what the impact fee will be at the end of the fifteen (15} year period. Commissioner Volpe replied that the Board is not qualified to eva- luate a pro forma to determine what type of benefit will be required to make a viable project, therefore, the interest factor may be a fair way to address the legitimate concerns regarding funding for the ~' Improvements. Item #4: An impact fee waiver or deferral can be continued by the sale of the unit to another qualifying purchaser. Commissioner Matthews voiced her concern that the dwelling could be sold without the repayment of the impact fee. Commissioner Saunders contended that the property will have a lien against it which will be reflective in the amount of money the seller will realize at closing. Commissioner i~:. Constantine declared that the purpose of accepting a waiver or deferral is to create an affordable housing unit and as long as the next person purchasing the dwelling is qualified, it is acceptable that the $6,000 remain with the home. The consensus was 4/1 (Commissioner Matthews opposed). i!' Item #5: The impact fee on owner-occupied dwelling units is repaid when the dwelling no longer qualifies as affordable housing. · The fifteen (15) year time limitation for repayment for owner-occupied <. deferrals is removed. Mr. Mihalic clarified this item explaining that instead of the deferral being repaid at the end of fifteen years, it can be repaid when the house is sold, unless it is purchased by .another qualified buyer. The general consensus of the Board was in ' favor of the item. · Item #6: If the Income of any renter exceeds the affordable Page 9 February 16, 1994 g benefit standards by more than 40~, then the owner must remedy this situation within 30 days or immediately repay the deferred impact fee plus interest at the rate of 6% per annum. Commissioner Volpe commented that this provision seems punitive. ~. He remarked that the remedy would be eviction of the renter. He ~ 'i pointed out that 30 days is not adequate to accomplish eviction and allow the renter time to find another place to live. The consensus of the Board was in favor of the item if the time frame to remedy the ,"i';' situation is extended to 90 days. Item #?: Every three years, instead of annually, the owner of an owner-occupied unit must now provide an affidavit of compliance with the income criteria. The owner of a rental dwelling unit will con- tinue to provide the affidavit of compliance on an annual basis. If the household income of a dwelling unit rises more than 40% above the .:: benefit standard, the owner shall lose the waiver and/or dererrs! and repay the impact fee plus interest at the rate of 6% per annum. Repayment of owner-occupied waivers or deferrals shall be made in monthly payments over a period of seven years. The Board agreed that the 40% increase in income should not apply to owner-occupants. Item #8: All waiver or deferred impact fees shal! be paid by the Board into the appropriate impact fee trust account within five (5) years from the date of the award of the impact fee waiver or deferral, but no later than when the funds are needed for the project. Mr. Mihalic pointed out the date for repayment will be six (6) or seven (7} years, depending on the type of impact fee. Item #9: All previously waived or deferred, exempted, or reim- bursed impact fees shall be paid by the Board into the appropriate .,~: impact fee trust account within five (5) years from the date of the · award of the impact fee waiver or deferral or exemption or reimbur- . samant, but no later than when the funds are needed for the project. Mr. Mihalic stated this item has the same provisions as item #8, including the change in the time frame to 6 or 7 years. Item #10: Public Hearings for amendments to these ordinances will Page 10 February 16, 1994 no longer be required to be held in the evening. Amendments may be ~ ..heard during regular Board of County Com~isstoner meeting hours. The consensus of the Board was not in favor of this item. Item #11: The impact fee study will be reviewed at a minimum every three years instead of every year. Commissioner Constantine " voiced concern regarding the extension to three (3) years for review, stating the potential of losing out on some revenue, or to overcharge .~. people. Consensus of the Board was to change the three (3) year period for review, to two (2} years. Responding to Commissioner Saunders, Bruce Anderson, representing Mr. Rockwell T. Gust, the developer of Ospreys Landing P.U.D. stated that adding inflation or requiring payment of an unknown new impact fee is, in his view, an unquanttftable obligation and risk that will make securing financing for a project virtually impossible. Mr. Gust responded that there is no lending institution that will approve a loan having no idea of what the liability will be at -: the end of the deferral period. Commissioner Volpe asked Mr. Gust if the impact fees could be paid back at the end of the term with a straight interest rate as opposed to an interest rate that is indexed to inflation? Mr. Gust revealed ](. , that there ts Insufficient cash flow in his project to pay interest on deferred impact fees. Commissioner Constantine declared that the question is whether or not affordable housing is encouraged. He stated concern that if Interest te charged on deferred Impact fees, At wtll discourage affor- :[,,'.~ dable housing. Commissioner Saunders agreed with Commissioner Constantine and Commissioner Matthews indicated that the positive benefits to be derived from the interest charge wall be offset by the negative Impact incurred on affordable housing. Responding to Commissioner Volpe, Mr. MAhalic referred to a letter ,i.received from BaneFlorida stating that if interest is charged on deferred Impact fees, it will severely affect the underwriting of the Page 11 February 16, 1994 ~'~::~'affordable housing projects. ,:~.: Commissioner Constantine revealed he also received letters Indi- cating the same. ~ The consensus of the Board was not to apply the 6~ or any interest rate due on the repayment of deferred impact fees. '" The following people spoke regarding the issue: J. Martin Henneoaey Jane Varner .: Gregory Leelard Charles Smith ':' Bruce Anderson Bob Sammet John Witchget Charles Williams ~' Gerald Silber Mark Lindner Ophelia Allen Rev. Howard Allen Mary Miller Bill Neron Jean Fort Commissioner Constantine closed the public hearing. C~/aslon~r Saunders ~oved to approve the a~end~ents with chan~ee= to disallo~ the 6~ interest repaTaent; if a renter exceeds tnco~e standards b~ 40~, the ~er will have 90 days to renedy the ~nc~, he w~11 not be ~nll~zed; ~nterlet on l~plct the ~d~ ~e~se-~rch~se ~ ~fy ~s ~e~-occup~ed p~ov~ded ~sh~p ~s ~en ~h~n 2t ~on~hs~ ~he ~p~c~ fee w~ve~ can be continued by the sale of the unit to another qualifying purch·- earl if a unit no longer qualifies, the iapact fee must be repaid t~ediately; all waived or deferred impact fees shall be repaid within · six (6) or seven (7) year time froel all previously waived or deferred Impact fees shall be repaid within the 6/7 year time framel Public Hearings will continue to be heard at nightl and the study on the impact fees will be · mini·an of every two (2) years, Instead of every Fear. Seconded by Commissioner Volpe and carried unanimously, that Ordinance 94-3 be adopted and entered into Ordinance Book 65. Item ORDINANCE 9.4-4 AMENDING COLLIKR COUNTY ORDINANCE NO. 90-86, AS AMENDED, RKLATINQ TO TH~ COLLIER COUNTY REGIONAL WATER SYSTEM IMPACT FEE ORDINANCE - ADOPTED WITH CHANGES Legal notice having been published in the Naples Daily News on January 28, 1994, as evidenced by Affidavit of Publication filed with ~: February 16, 1994 '/the Clerk, public hearing was opened. ; Commissioner Constantine closed the Public Hearing. Commissioner Saunders moved to approve the a~snd~ents with ::' ~ changw~: to disallow the 6~ interest repayment; if a renter exceeds income et~tards by 40~, the ~er w~ll have 90 days to remedy the ~nc~, ~ w~l not ~ ~na~zed= ~nterest on ~Hpact f~e, a~tlable, w~11 ~ t~rd ~Avers ~d deferrals, at the discretion of the ~d= le~rc~se will ~alify as o~er-oc~pied provided ~ership As t~ within 24 ~onths= the l~pact fee waiver or deferral c~ ~ c~tinued ~ the sale of the ~tt to ~other ~altfyln~ ~rcha- ser~ Af a ~it no lon~er ~alif~es, the l~pact fee ~st ~ re~Ad A~latel~= all waived or deferred lapact fees shall ~ re~t~ within a e~ (6) or s~en (?) year t~ae fr~e~ all previously ~tved or deferr~ l~act fees shall be repaid within the 6/V year tA~e fr~e; ~blAc He~An~s will continue to ~ heard at n~ght; ~d the stay on the i~ct f~s will ~ a alni~ of every two (2) years, ~nstead of ~ ~. Seconded ~ Co~ssioner Yelps ~d carried t~t ~dA~ce 94-5 ~ adopted ~d entered into OrdAn~ce ~ok 65. 0~I~ 94-5 ~IN~ COLLI~ CO~ O~IN~CE 88-9~, ~ ~D, .~TI~ ~ ~ CO~I~ CO~ LIBBY SYST~ I~ACT ~ 0~IN~CE - Legal notice having been published in the Naples Daily News on January 28, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Commissioner Constantine closed the Public Hearing. Co~iesioner Saunders moved to approve the a~end~ents with chan~e~: to disallow the 6~ Anterest repalment; if a renter exceeds income standards by 40~, the ~er w~11 have 90 days to remedy the ml~t~ o~ ~y the ~mpact fees; if ~ o~er-oc~p~t ~ncreaoeo hie ~nc~, ~ w~11 not ~ ~nallzed; interest on ~Bpact fees, as irAliable, will ~ t~d waivers ~d deferrals, at the discretion of Page 13 the Bo~rd~ leue-purchase will qualify as owner-occupied provided o~nerahip is taken within 24 aonths~ the tapact fee waiver or deferral c~ ~ c~ti~ed ~ the sale of the ~tt to ~other ~allfyln~ ~rcha- · er~ if a ~it no lon~er ~altfles, the ta~ct fee ~t ~ repaid A~Aately; all ~Aved or deferred tapact fees shall ~ repaid within a e~ (6) or s~n (F) year ti~e fr~e~ all previously waived or ~ferr~ A~ct fees shall be repaid within the 6/V year tiae fr~e; ~blAc ~e~tn~ will continue to ~ heard at night; ~d the s~d~ on the i~ f~s will be a aini~ of eve~ ~o (2) ~e~s, instead ~ ~. 5~ded ~ Co~Assioner Vol~ ~d carried t~ ~dA~ce 94-5 ~ adopted ~d entered into Ordin~ce ~ok 65. 0~I~ 94-6 ~INO COLLIER CO~ O~IN~CE NO. 88-96, ~, ~TIN~ TO ~ COLLX~ CO~ P~ ~ ~CR~TXON~ FACILI~S X~A~ ~E O~IN~CE - ~D WI~ C~G~S Legal notice having been published tn the Naples Daily News on January 28, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Commissioner Constantine closed the Public Hearing. Co~aieeioner Saunders ~oved to approve the mmen~-ents with chan~s: to disallow the 6~ interest repay~ent~ if a renter exceeds in¢om et&ndard~ by 40~, the ~er will have 90 days to re~ the s~t~ or ~ the i~act f~s; ~f ~ ~er-oc~p~t increases his ~l~le, w~11 ~o t~rd ~vers ~d deferrals, at the discretion of t~ ~d; le~~chase will ~lify as ~er-oc~pled provided ~=~p ~ t~ w~thin 24 ~onths; the ~act fee waiver or deferral c~ ~ c~t~ ~ the sale of the ~it to ~other ~al~fyin9 ~rcha- A~diatel~= all ~ived or deferred Aspact fees shall ~ re~ld within a six (6) or e~en (?) year time fr~e~ all previously ~ived or defe~ i~ct f~s shall ~ repaid within the 6/~ ye~ ti~ fr~e; ~blAc He~An~ will continue to ~ heard at night; ~d the s~dy on Page 14 februer%, 16~ 1994 the Impact fm wall be · mInA~u~ of every two (2) years, An~tead of :~'.:t~t ~~ 94-6 ~ adopted ~d entered into O~Z~K 94-7 ~XRG COELZKR CO~ O~/R~CK NO. 91-71, AS ~~, ~TZ~G TO ~ CO~LXKR CO~ ~RGKN~ ~DXC~ S~VXCKS ~ ~A~ ~ O~IN~CE - ~D WI~ C~GES Legal notice having been published in the Naples Daily News on January 28, 1994, as evidenced by Affidavit of Publicat/on f/led with the Clerk, public hearing was opened. Commissioner Constantine closed the Publtc Hearing. Commissioner Saunders moved to approve the amendments with change~: to dAe&llow the 6~ Anterest repayment; if a renter exceeds 1nc~ et~~ ~ 40~, the ~er wall have 90 days to re~dy the ~11~le, wt11 ~ t~rd ~tvere ~d deferrals, a~ tb~ discretion of t~ ~= le~rchase wtll ~altfy as ~er-oc~pled provided ~~tp te t~en within 24 ~nthe= the tmpact fee ~tver or c~ ~ c~tt~ ~ the sale of the ~tt to ~other ~1tfylng ~rc~- let; tf a ~tt no longer ~11fte~, the t~act fee ~st ~ re~td t~/atel~; all ~t~d or deferr~ t~act fees ~11 ~ re~td within a mix (6) or e~n (~) year tt~e fr~e; all preylowly ~1ved or deferr~ t~ct f~e shall be repaid within the 6/~ year ttae fr~e; ~b~tc Hearings w~ll continue to ~ heard at nlght~ ~d the e~dy on the t~ct fees wtll be a mlnt~ of eve~ ~ (2) years, instead of ~ ~. Seconded by Co~tesloner Vol~ ~d carried t~t Ordt~ce 94-~ be adopted ~d entered into Ord~n~ce ~ok 65. · O~I~ 94-8 ~ING COLLIER CO~ O~IN~CE NO. 92-22, AS .~, ~TI~ ~ ~ COLLIER CO~ RO~ I~ACT ~E O~IN~CE - Legal notice having been published in the Naples Daily News on January 28, 1994, as evidenced by Aff~davit of Publication filed with Page 15 · ebruary 16, 1994 the Olerk, public hearing was opened. Commissioner Constantine closed the Public Hearing. Co-~issioner Saunders moved to approve the amendments with changes: to disallow the 6~ interest repa~rmentr if a renter exceeds income standards t~f 40~, the o~nsr will have 90 days to remedy the situation or pay the impact fees; if an o~ner-occupant Increases his Income, he will not be penalized; interest on impact fees, as available, will go toward waivers and deferrals, at the discretion of the Boardr lease-purchase will qualify as owner-occupied provided o~nerehip is taken within 24 sonthe; the impact fee waiver or defertel can be continued by the sale of the unit to another qualifying purcha- · err if a unit no longer qualifies, the impact fee must be repaid i~mediatelyr all ~aived or deferred impact fees shall be repaid within · e/x {6) or seven (?) year time frauae; all previously waived or deferred I~act fees shall be repaid within the 6/? year time frae; Public Hearings will continue to be heard at night; ~d the study on the Impact fees will be a ninimu~ of every two (2) years, instead of averlf ~ear. Seconded t~ Commissioner Volpe and carried unanimously, that Ordinance 94-8 be adopted and entered into Ordinance Book 65. Xte~ #3G ORDZ~A~CI 94-9 AN~DI~O CO~II~ COOR'l~ O~D;~AHC; NO. 92-33~ AS Z~&C? ~ 0RDI~ARC; - ADO~;D ~I;~ CEA~G;S ¢ ~ Legal notice having been published in the Naples Daily News on January 28, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Commissioner Constantine closed the Public Hearing. Count·eisner Saunders moved to approve the amendments with chang~e: to dtsallo~ the 6~ interest repaymeant; if a renter exceeds Income ·tandard~ b~ 40~, the ~er will have 90 days to remed~ the elt~tA~ or pay the impact fees; If ~ o~er-occup~t increases hi~ inco~, he ~ill not be ~nalized~ inter·at on Ampact fee~, am ave/labia, ~tll go t~ard ~aivera ~d deferrals, at the dAmcret/on of Page 16 ~ebrulLr~ 16, 1994 ::'i:the Board; leaee-purchue will qualify ae owner-occupied provided i:o~nerehtp ie taken within 24 ·onthe; the tapact fee waiver or deferral can be continued t~ the sale of the unit to another qualifying purcha- ser; 1£ ·unit no longer qual/fiee, the lapact fee ~uet be repaid immediately; all waived or deferred i~pact fees shall be repaid within · six (6) or seven (?) year tiae frame; all previously waived or deferred i~pact fee· ·hall be repaid within the 6/? year tiae frame; Public Hearings will continue to be heard at night; and the study on the i~pact fees will be a ·ini·u~ of every two (2) years, instead of every war. Seconded by Co~iaeioner Volpe and carried unanimously, that Ordinance 94-9 be adopted and entered into Ordinance Book 66. There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 7:15 P.M. The~~e[a~proved b~ the Board on as presented~"'- / or a8 corrected :.f., : BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL UNDER ITS CON~S ~T~~NSTAn~fINE, CHAIR]~AN 17 Page 17