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Agenda 07/07/2015 Item #16D16 Proposed Agenda Changes Board of County Commissioners Meeting July 7, 2015 Add On Item 12B: Recommendation to approve and accept a proposed Settlement Agreement to finally resolve all Collier County claims in the matter of In re: Oil Spill by the Oil Rig"Deepwater Horizon"in the Gulf of Mexico on April 20,2010 now pending in the United States District Court for the Eastern District of Louisiana, Case No.MDL 2179 Section J. (County Attorney's request) Move Item 16F8 to Item 11F: Recommendation to approve Amendment#1 to contract 15- 6433 Production of the Tourism Guide to Miles Media Group,LLLP,authorize the Chairman to execute the County Attorney approved amendment,and make a finding that this expenditure promotes tourism. (Commissioner Taylor's request) Move Item 16D16 to Item 11G: Recommendation to approve the recommendation to modify the endowment related to the County's acceptance of properties donated to Conservation Collier as offsite preservation under the Land Development Code (LDC) Section 3.05.07, H.1.f.iii.a.and b. (Commissioner Henning's request) Move Item 16F4 to Item 1111: Recommendation to approve the First Amendment to the Agreement between the Southwest Florida Economic Development Alliance,Inc.and the Board of County Commissioners. (Commissioner Henning's request) Add On Item 16H5: Recommendation to appoint a member to the Collier County Planning Commission. (Commissioner Hiller's request) Note: Item 16D7— Page two of the agreement under the paragraph entitled"administrative costs", the specified dollar amount should read: • • : . • - • • . • - • . - • six- thousand four-hundred fourteen ($6,414). (Staffs request) Item 16F2— Legal name of C-2 Grant Organization should read: Southwest Florida Holocaust Museum.Inc. (Staffs request) Time Certain Items: Item 9A to be heard at 9:45 a.m.,followed by Item 9B Item 11E to be heard at 11:00 a.m. Item 9F to be heard at 1:30 p.m.,followed by Item 11D Item 9C to be heard at 5:05 p.m.,followed by Item 9D Item 12A to be heard immediately following Item 9D 7/7/2015 16.D.16. EXECUTIVE SUMMARY Recommendation to approve the recommendation to modify the endowment related to the County's acceptance of properties donated to Conservation Collier as offsite preservation under the Land Development Code (LDC) Section 3.05.07, H.I.f. iii. a. and b. OBJECTIVE: To review the existing endowment calculation for donations provided pursuant to LDC Section 3.05.07, H.l.f. iii. a. and b., consider the alternatives presented, and provide direction on amending the LDC to coincide with Board direction. CONSIDERATIONS: In 2009, an amendment for off -site native vegetation retention alternatives was required by the Florida Department of Community Affairs (DCA) following the Evaluation and Appraisal Report (EAR) -based Growth Management Plan (GMP) amendment to the Conservation and Coastal Management Element of the GMP which required the County to adopt land development regulations that would allow property owners the option of satisfying native vegetation retention requirements through monetary payment, donation of land or other methods of compensation. The amendment set forth specific criteria for considering alternative methods and as a result, in 2010, the County's LDC was amended to include LDC Section 3.05.07 H. 1. f .iii. a and b to allow compensation in the form of monetary payment or donation of land for conservation purposes to Collier County or to another govermnent agency. The current endowment fonnula for land management was developed in late 2009 pursuant to the LDC amendment cycle and shortly after Conservation Collier had acquired the bulk of its lands. At that time, staff had determined that the 15% of the levy specified by the Conservation Collier ordinance for land management (2002 -63, as amended, Section 7.a.) would not be enough for perpetual management of acquired lands and that an amount equal to approximately 20% of the levy total was estimated to be needed for management of acquired lands into the future with proposed amenities. Considering the 20% calculation, staff had suggested 25% (5% additional to cover staff time) of all land acquisition costs as a potential formula. This formula was reviewed and recommended by the Conservation Collier Land Acquisition Advisory Committee's Ordinance, Policy and Rules subcommittee members and approved by the Board as part of the 2010 LDC amendment. For discussion purposes, staff offers 3 alternatives: 1. Maintain status nuo Pro Con Properties in the Winchester Head and North Management for Conservation Collier Golden Gate Estates Unit 53 are specified in properties in the multi - parcel projects is at least the LDC as appropriate for donations. $500 /ac /yr. The current endowment provides Currently, donations in the Winchester Head approximately 7 years of funding at these and North Golden Gate Estates Unit 53 are minimum levels but after that time, bringing in $3,889 per acre as a management Conservation Collier will need to fund endowment, which translates to approximately management. 7 years of management funding at $500 /ac. Management costs are the most expensive in the initial 5 years. This formula provides management funding through that crucial time period and slightly beyond. Packet Page -1859- 7/7/2015 16.D.16. At this time, we are successful in getting donations. We have accepted 6 donations in the multi - parcel projects and have more coming. 2. Modify the land development code to require an endowment that approximates perpetual maintenance Pro Con Requiring for funding to be provided meeting Requiring perpetual funding from developers perpetual needs would alleviate Conservation for offsite donations may be cost prohibitive Collier from all long term maintenance costs and make this option undesirable to developers, associated with donation parcels. shutting down donations in multi - parcel projects where no other acquisition funding is available. 3. Modify the Land Development Code to require a larger but not perpetual management endowment Pro Con A larger endowment requirement would assist Improves the funding stream for a longer Conservation Collier in long teen management maintenance period but still does not fund it in funding. perpetuity. Staff recognizes that option #1 may not provide for sufficient funds to maintain all properties in perpetuity. Concomitantly, option #2 could substantially curtail donations of property to the Conservation Collier program. Hence, staff recommends pursuing option #3 in an effort to balance both considerations. FISCAL IMPACT: An increase to the land management endowments received under the offsite preservation option would better position Conservation Collier to manage donated properties in perpetuity. GROWTH MANAGEMENT IMPACT: The Conservation and Coastal Management Element of the Growth Management Plan through Objective 6.1 provides for the Protection of native vegetative communities through the application of minimum preservation requirements. The proposed options identified within this executive summary are all compliant with the existing objective. LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires majority vote for approval. -JAB RECOMMENDATION: That the Board approves option 3 and directs the County Manager or his designee to work through the Development Services Advisory Committee and the Conservation Collier Land Acquisition Advisory Committee to develop an endowment formula that better serves the long term land management funding needs for the Conservation Collier Program, and present the amendment to the LDC off -site preservation option during the next LDC amendment cycle. Prepared By: Alexandra Sulecki, Principal Environmental Specialist, Parks and Recreation Division, Conservation Collier Program, and Mike Bosi, Division Director, Collier County Planning and Zoning Division Packet Page -1860- 7/7/2015 16.D.16. COLLIER COUNTY Board of County Commissioners Item Number: 16.16. D. 16. D. 16. Item Summary: Recommendation that the Board of County Commissioners approves the recommendation to modify the endowment related to the County's acceptance of properties donated to Conservation Collier as offsite preservation under the Land Development Code (LDC) Section 3.05.07, H.1.f. iii. a. and b. Meeting Date: 7/7/2015 Prepared By Name: BetancurNatali Title: Operations Analyst, Public Services Department 6/23/2015 3:52:20 PM Submitted by Title: Environmental Specialist, Principal, Public Services Department Name: SuleckiAlexandra 6/23/2015 3:52:21 PM Approved By Name: SuleckiAlexandra Title: Environmental Specialist, Principal, Public Services Department Date: 6/23/2015 4:04:06 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 6/23/2015 4:20:55 PM Name: Washbumllonka Title: Manager - Park Operations, Public Services Department Date: 6/23/2015 4:40:01 PM Name: WilliamsBarry Title: Division Director - Parks & Recreation, Public Services Department Date: 6/23/2015 4:57:49 PM Packet Page -1861- Name: TownsendAmanda 7/7/2015 16.D.16. Title: Division Director - Operations Support, Public Services Department Date: 6/23/2015 5:00:02 PM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Date: 6/23/2015 5:07:51 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 6/24/2015 8:31:53 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/24/2015 1:41:23 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 6/25/2015 1:15:23 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 6/25/2015 2:16:14 PM Packet Page -1862-