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Minutes 11/12/2015 November 12, 2015 MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE LAND DEVELOPMENT REVIEW SUBCOMMITTEE Naples, Florida, November 12, 2015 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee —Land Development Review Subcommittee in and for the County of Collier, having conducted business herein, met on this date at 3:30 PM in a REGULAR SESSION at the Growth Management Division Building, Room 609/610 2800 N. Horseshoe Drive, Naples, FL with the following persons present: Clay Brooker Stan Chrzanowski Jeremy Sterk Marco Espinar Blair Foley Robert Mulhere Dalas Disney ALSO PRESENT: Richard Henderlong, Principal Planner Alex Sulecki, Conservation Collier Coordinator Jeremy Frantz, Senior Planner Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Division—Planning and Regulation building—Contact Mr. Evy Ybaceta at 239-252-2400. 1. Call to order The meeting was called to order at 3:33pm and a quorum was established. Nancy Olson (CCPRD), Laura Pemberton (Conservancy of SWFL), Tim Hancock(Stantec) and Brad Cornell (Audubon Florida and Audubon of the Western Everglades) were also present. 2. Approve agenda Mr. Foley moved to approve the Agenda. Second by Mr. Chrzanowski. Carried unanimously 7—0. 1 November 12, 2015 3. Approval of October 19,2015 Meeting Minutes Mr. Espinar moved to approve the minutes of the October 19, 2015 meeting subject to correcting the spelling of Mr. Brooker's name on page 4. Second by Mr. Chrzanowski. Carried unanimously 7—0. 4. Review long term management and maintenance endowment cost schedules-6 examples. Presentation by Alexandra Sulecki, Coordinator, Conservation Collier Program, Principal Environmental Specialist, Parks and Recreation Department. Mr. Henderlong reported a meeting packet was distributed to the Committee in advance of the meeting via a Memorandum dated November 9, 2015 which included the following items for discussion: • A summary sheet of the examples considered for land endowment maintenance funding over a 10, 20, and 50 year timeframe. The examples include a reduction and refinement in maintenance costs after 5 years of maintenance. • Conservation Collier's estimated long term maintenance costs for multi parcel projects. • Six endowment funding examples with supporting backup tables. He noted the Subcommittee is reviewing options for long term maintenance funding of lands donated to the Conservation Collier Program through the offsite mitigation options offered in the Land Development Code (LDC). The BCC expressed concerns there may be a future shortfall in maintenance funding and requested Staff to address the issue. There are two options available under the LDC, a financial donation or a land donation with a management endowment. The management endowment is currently established at approximately $4,000/acre and Staff is determining whether this amount is adequate to manage the lands into "perpetuity." It is estimated the current level of endowment provides enough funds for management over a seven year period before they are exhausted. Under Committee discussion the following was highlighted: • The Conservation Collier Land Acquisition Advisory Committee utilized a South Florida Water Management District model as a basis when they reviewed the item and recommended a level of management endowment of$32,535 over a 20 year period (adjusted from the previous amount of $47,000 following revisions for Staff salaries, etc.). • Concern the assumption management funding is inadequate as this is yet to be determined as the Program is in its infancy with some parcels not even subject to management activities at this time. • Concern the cash donation option is cost prohibitive discouraging parties from utilizing the option and consideration should be given to modifying the requirements. • Additional properties should be targeted for land donations (other than Red Maple Swamp and Winchester Head). • Endowment costs could be modified depending on the condition property and location(free of exotics, urban vs. rural locations, etc.). • Allowing monetary donations in lieu of mitigation can address budgetary shortfalls given it is a revenue source with no significant cost to the Program. 2 November 12, 2015 Ms. Sulecki noted: • Lands other than those identified may be donated to the Program, however at this point there is not adequate Staff to manage these areas. • There are different endowment costs for urban vs. rural parcels. • The cost to maintain other County properties depends on the location and other factors including the availability of access, proximity to other lands under the auspices of the Program, etc. • The South Florida Water Management District model does "define" a 20 year period as "perpetuity." Mr. Espinar expressed concern the item was brought forth by Staff to the BCC however it has not been demonstrated the program is underfunded and there may be other avenues available such as modifying management policies to address the issue. Ms. Sulecki reported the item was raised by Commissioner Nance during a Conservation Collier budget review. Staff brought the item forth per direction from the BCC. Mr. Sterk noted a figure of$25,562 could be used as the average cost per acre regardless of location multiplying by the factor of 125 percent over land value currently established in the LDC yielding a monetary donation of$31,900 per acre. To this amount, add the identified $13,200 for management costs over 20 years establishing a base cost of approximately $45,000. This would give the party the option to donate funds, or seek less expensive land donation options which may assist in promoting negotiations with landowner and controlling land prices in the areas identified for the Program. Public Speakers Tim Hancock, Stantec,noted the program needs to be viable for all parties but agrees the management is underfunded. He recommends the following: 1) Exotic removal not be required prior to conveyance. 2) Expand the areas available for donated parcels 3) Modify the cash donation using an average cost per acre of$25,000 4) Utilize the CLAAC modified recommendation of$13,200 for management endowment with the addition of exotic removal costs 5) Allow for fractional acreage calculations for endowment costs (if.33 acres is mitigated, however a 1.33 acre parcel is donated, based costs on the .33 acres) 6) Accept funds in lieu of land donations to utilize the funds for meaningful acquisitions, the term for perpetuity be based on 50 years given the concerns identified by the BCC. Ms. Sulecki noted the management costs are only underfunded for the donation program, not the overall lands existing within the Program. Brad Cornell,Audubon Florida and Audubon of the Western Everglades noted the options need to mutually benefit all parties for it to be successful. He agrees with the rationale of not requiring exotic removal prior to acquisition with an up front cost included in the management endowment for use at a later date. He expressed concern on allowing only monetary donations as there is a possibility additional lands won't be purchased, especially given the BCC's current decision to cease acquisitions. He recommended any baseline management endowment include an additional 10 percent for future unknown issues. Ms. Sulecki reported a contingency factor for future unknowns is incorporated into the current cost estimate. 3 November 12, 2015 5. Provide recommendation to DSAC and staff on drafting LDC Amend Mr. Brooker noted the Subcommittee's recommendation to DSAC should include a dollar amount for the monetary donations option. He summarized the findings of the Committee including: 1. A need to develop an amended cash donation formula using average of overall lands costs. 2. A need to develop a policy or guidelines on how monetary donations would ultimately be utilized (individual parcels, pooling funds for purchase of larger tracts of lands, etc.). 3. Removal of exotic species should not be required prior to conveyance of donated lands. 4. The need to expand the target areas for acquisition with a priority given to multi parcel projects. Mr. Sterk moved for the DSAC to recommend the BCC: 1)Adjust the cash donation utilizing an average cost per acre of all Conservation Collier purchases at$31,952,factor in $4,000 for exotics removal and$13,200 for land management. Said total cost per acre of donated land be rounded to $50,000 to account for staff time. Said cost be reviewed every three years. 2) Utilize a management endowment cost for donated lands of$13,200 plus $4,000 for initial exotics removal. Second by Mr. Chrzanowski. Motion carried 6—0. Mr. Espinar abstained. The Committee noted considerations will have to be given modifying the LDC as required including the option for lands to be donated to areas other than those currently identified. 4. Public comments None There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 5:05PM. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE—LAND DEVELOPMENT REVIEW SUBCOMMITTEE These Minutes were approved by the Committee on PEd /) Ao/( , as presented , or as amended Attached to meeting minutes is Form 8 B Memorandum Of Voting Conflict For County, Municipal, and Other Local Public Officers. 4 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST4),IAME—FIRST NAME—MIDDLE NAME ,0, NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE /11;11,6-4.2 ..."tex MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMI I IEE ON 3,sysa ir WHICH!SER VE IS ApNIVF: CITY , „ , }COLJNTY CI CITY \,d COUNTY U OTHER LOCALAGENCY kik e-84:,4,-- NAME OF POLITICAL SUBDIVISION: DATE ON WilICH VOTE OCCURRED MY POSITION IS U ELECTIVE U APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city,or other local level of government on an appointed or elected board, council, commission, authority,or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency)by whom he or she is retained (including the parent, subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate,Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, FS., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a 'relative includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange), . . . . . . . . . . . . . . . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. * * . . . . . . . . . * * * . * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 88-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE,DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating, • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S I REST 7„,, • t hereby disclose that on �,° , se 20 �'- . 1, , /747 , in{a)A asure came or will come before my agency which(check one or more) ured to my special private gain or loss; inured to the special gain or loss of my business associate, , inured to the special gain or loss of my relative, ,. inured to the special gain or loss of ,by whom I am retained;or inured to the special gain or loss of ,which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney,may comply with the disclosure requirements of this section•. • losing the na re of the interest in such a way as to provide the public with notice of the conflict. iiii.- Date ilea [ �` i ' •• re NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAIL "E Te MA`E ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MIRE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 85-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.