Agenda 04/10/2012 Item #11C4/10/2012 Item 11
EXECUTIVE SUMMARY
Recommendation to accept the financial contribution from the Conservancy of Southwest Florida of up to
$90,000 dollars to allow for a third party firm, not associated with any interest group concerning the Rural
Land Stewardship Area (RLSA), to provide for an independent review of the amendment process and
complete the associate steps outlined in the scope of services described in Exhibit "A" to this Executive
Summary and approve all necessary budget amendments.
OBJECTIVE:
To have the Board of County Commissioners (BCC) recognize and accept the financial contribution from the
Conservancy to fund the retention of a outside firm, as requested within Exhibit "A ", and direct the County Manager
or designee to issue Request for Proposals to solicit proposals for the described work.
CONSIDERATIONS:
On December 14, 2011, the BCC directed the County Manager or his designee to move the Rural Land Stewardship
Area (RLSA) proposed amendments forward as part of the Growth Management Plan (GMP) EAR -based
amendments, but within a hearing cycle outside of the majority of the EAR -based amendments. In addition to this
direction, the BCC at the hearing accepted an offer from the Conservancy of Southwest Florida, of up to $90,000
dollars, to provide funding for an outside independent firm to perform review and analysis of the RLSA amendment
package, as described in Exhibit "A ". This Executive Summary is seeking acceptance from the BCC of those funds
and direction to staff to initiate the Request for Proposal (RFP) process.
FISCAL IMPACT:
Land Development Services has allocated revenue to satisfy the cost associated with staffing and advertising the
EAR-based amendments within the FY2011 -12 budget, but has not allocated revenue for the retention of an outside
firm within the EAR -based amendment process. The financial contribution from the Conservancy will provide the
revenue necessary to retain such firm. A budget amendment is needed to recognize the revenue into the MSTD
General Fund (111), Comprehensive Planning cost center (138317), and to set up the corresponding expense
appropriation in the same fund and cost center. Any funds not expended after project completion will be returned to
the Conservancy.
GROWTH MANAGEMENT PLAN fGMP) IMPACT:
At this time there are no direct GMP impacts associated with this Executive Summary, but the conclusion of the
EAR-based amendment process, which includes the RLSA proposed amendments, will modify the GMP.
LEGAL CONSIDERATIONS:
This executive summary has been reviewed by the County Attorney's Office. A majority vote is necessary for
Board action. (FIFAC)
RECOMMENDATIONS:
Staff recommends that the BCC accepts the financial contribution from the Conservancy for the retention of an
outside firm related to the RLSA amendment process, directs the County Manager or designee to proceed with the
RFP, and approves all necessary budget amendments to recognize the revenue and set up the expense appropriation.
Attachments: Exhibit "A " Scope of Work
Exhibit "B" Budget Amendment
Prepared by: Mike Bosi, AICP, Comprehensive Planning Manager, Land Development Services Department
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.C.
4/1012012 Item 11
Item Summary: Recommendation to accept the financial contribution from the
Conservancy of Southwest Florida of up to $90,000 dollars to allow for a third party firm, not
associated with any interest group concerning the Rural Land Stewardship Area (RLSA), to
provide for an independent review of the amendment process and complete the associate
steps outlined in the scope of services described in Exhibit "A" to this Executive Summary and
approve all necessary budget amendments. (Mike Bosi, Comprehensive Planning Manager,
Growth Management Division)
Meeting Date: 4/10/2012
Prepared By
Name: BosiMichael
Title: Manager - Planning,Comprehensive Planning
3/2/2012 1:41:31 PM
Approved By
Name: CurranJohn
Title: Purchasing Agent,Purchasing & General Services
Date: 3/13/2012 9:23:52 AM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 3/13/2012 10:05:05 AM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 3/14/2012 3:11:24 PM
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 3/15/2012 9:24:09 AM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
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Date: 3/21/2012 3:03:49 PM
4/10/2012 Item 11. .
Name: AshtonHeidi
Title: Section Chief /Land Use- Transportation,County Attor
Date: 3/22/2012 2:22:46 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 3/28/2012 5:05:02 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 3/30/2012 1:19:49 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/2/2012 1:21:32 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 4/3/2012 10:22:57 AM
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Exhibit A: Background and Scope of Work
Background
4/10/2012 Item 11.
Policy 1.22 of the RLSA Overlay mandated the five year review of the RLSA program by both
Collier County and the Florida Department of Community Affairs (DCA). This review was
completed through the Committee - prepared "Phase I- Technical Report" which the BCC accepted
and transmitted to the DCA in late May, 2008. Following the acceptance of the Technical
Report, the study transitioned to Phase II of the RLSA 5 -year review. During the second phase,
through a series of publicly advertised meetings, the Committee arrived upon potential
amendments to the RLSA- Overlay to further facilitate the overall arching goals of the optional
program, to balance property rights, environmental interest and agricultural preservation.
The Committee presented the Report to the Environmental Advisory Council (EAC) and Collier
County Planning Commission (CCPC) separately in public hearings beginning on January 28,
2009 and ending on March 10, 2009. Both the EAC and CCPC submitted individual
recommendations to the BCC relative to the Committee - recommended amendments to the RLSA
Overlay and the Transportation Element of the GMP. Based upon EAC and CCPC
recommendations, in March, 2009, the Committee made several modifications to its January,
2009 report to incorporate most of the EAC and CCPC recommendations. The Committee -
proposed amendments to the RLSA Overlay, as presented to the BCC on April 21, 2009 included
most of the comments and recommendations advanced to the BCC by the EAC and CCPC.
Following a full day of public testimony regarding the "Five -Year Review of the Rural Lands
Stewardship Report" the BCC by a vote of 3 -2, accepted the "Five -Year Review of the Rural
Lands Stewardship Report" in its entirety as a planning document and authorized that it move
forward as proposed GMP amendments. Due to a variety of issues, the RLSA five -year review
amendments were not processed as a GMP amendment cycle. The Five -Year Review of the
Rural Lands and the proposed amendments were identified within the County's EAR as the
structural review of the RLSA Overlay of the Future Land Use Element and adopted by the BCC
on January 31, 2011, and accepted by the Department of Community affairs (DCA) on April 12,
2011.
As noted within the adopted 2011 EAR, The RLSA Five -year Review amendments were to stand
as the proposed amendments associated with the County's EAR review, but were to be initiated
at the conclusion of a "Habitat Conservation Plan (HCP)" for the RLSA Overlay area. It was
anticipated that the outcome of the HCP and the specifics contained within the HCP would have
an influence upon the composition and specifics of the RLSA and how development would move
forward within the regulatory environment. Subsequently, the County has learned that the HCP
process has stalled and that the effort would be delayed for an indefinite period of time.
In September of this year, Stantec, the planning firm that assisted in the development of the
original RLSA Overlay and a party present to the RLSA 5 -year review process, offered to
provide the County with the RLSA amendment package, as accepted by the BCC at their April
21, 2009 Public Hearing, complete with the necessary data and analysis, if the County would
process the RLSA amendments as part of the overall EAR -based amendment process. Based
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4/10/2012 Item 11
upon this proposal and the recognition that the Habitat Conservation Plan process had stalled,
Collier County staff prepared an executive summary seeking direction from the BCC on the
timing of the RLSA Five -year Review amendments.
At the December 13, 2011 BCC Public Hearing, the BCC directed staff to process the
proposed RLSA Five -year review amendments as an independent cycle, separate and lagging
in time from the EAR based amendment cycle. Additionally, to accept the proposal for
Stantec to package the amendments and the data as directed by the BCC at their April 21,
2009 meeting, but also accepted a contribution from the Conservancy of Southwest Florida
of up -to $90,000 to retain an outside independent firm to evaluate the completeness of the
amendment package and the required relationship between the data and the proposed
amendments
Detailed Scope of Work
The County's Growth Management — Comprehensive Planning Department is interested in
receiving proposals from interested suppliers who would perform the following service tasks
between June 1, 2012 — March 31, 2013:
1. Review the Collier County Five -year Review of the Rural Lands Stewardship program
[volume 1] and Five -year Review of the Rural Lands Stewardship program Volume 2
[appendices and support documents].
2. Review the proposed Rural Lands Stewardship Area Overlay Evaluation and Appraisal
Report (EAR) -based Growth Management Plan (GMP) amendment package and data
supporting the proposed amendments;
3. Review the existing RLSA regulations and evaluate the maximum credit generation
available to the program, compared against the maximum credit generation associated
with the proposed amendments to the program;
4. Based upon that review write a detailed report evaluating whether the data provided
supports the proposed amendments by drawing individual conclusions on each proposed
amendment and the data to support the amendment, along with the consistency of the
proposed amendments to those accepted by the BCC at their advertised Public Hearing
on April 21, 2009;
5. Provide for additional analysis as requested by the various advisory boards or BCC
during the public hearing process;
6. Attend the Transmittal Public Hearings for the amendments before the Environmental
Advisory Council (EAC), Collier County Planning Commission (CCPC) and the Board
of County Commissioners (BCC); and provide a presentation of the findings to the each
of the respective bodies.
It should be noted that any vendor which performed services for the County
initiated Rural Lands Stewardship Area (RLSA) 5 -year review are not eligible
for selection due to the requirement for an independent review.
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