Agenda 03/08/2011 Item #16E4
f',.
r'\
r-"\
'.; ';-,- ,-'.,,; <,~:- >-";',-.", -'.
:',,------,----'- "'-"-:,,-':
. _' .' " d,
- - -, . -
- '_ '-,"'_'0 .'
.3/8/2011 Item 16.E.4.
~CUTIVE sUMl\fAR\,
RecommeaclatioJi to advertise the proposed amendment to the Conservation C~r OI"CliJaaaee No.
2002-63, as aDlelided, which provides for the ability to iDc~ fuadiBg of the Conservatiea C....
Management Trust Fund (174) by removing the annual eap of ad valorem taxes ....... be,
appropriated and aOowing for transfer of funds into Fund 1'14, f~ tile Conservatioa.Co~
. Acquisition Trust Fund (172).
OBJE.CTIVE: T o allow transfers in amounts ..greater than .15%ofcoUections to en~ure sufficient
funds are available to manage Conservation Cotl.r properties .inpef'Petuity.
CONSIDERATION: On September 23,201 O,atitsbu~hearing,the Board approveQtbe
COflierCQunty 2011 Budgel. which included a.transferof furidsfromthe Consel'V'ationQ~r
AcquisitiOn. Trust Fund .(172) to the . Conservation CollierM~mem Trust Fund (174).
On January 25, 2011, the Board suspended further acquisitkilnsin the Conservation Collier
Program pending the dev.elopment and approval Of .a Public Amenitie$ Master Plan which will
provide a plan for long term managemem funding. for the Conservation Collier Program.
The attached >prQposedConservation Collier Ordinance amendmenf(with change in section
7.1.a and addition of Section 7.1.Fl.) represents the administretiVechange necessary to
implement the Board's adopted budget and PrQvidesfor additional transfers of funds from the
Acquisition Trust Fund (172) to the Management Trust. Fund (174) as necessarY to fund long
term management,consistent with Board approval.
The proposed amendment was brought to the Conservation COiner Land Acquisition Advisory
Committee (CCLAAC) for recommendation on February 14,2011. The CClAACdecJined to
make a recommendation.
FISCAL .tMPACT: Appropriatedfo.r FY 2011 is. a tra.nsfer .totaling$6,103,tQPfromaequisitiOn
fund (112) to maintenance fund (114). This transfer is $S,9Q0,0009VertIJe current ordained
15% levy set aside. for future maintenance of acquired environmental\y.~ensitiveproperties....This
ordinance amendment provides the mechanism.. for posting .tne increased maintenanceJransfer
in FY 11 and as may be nece.ssaryin FY 12,FY 13 and FY 14 in order to protect against the
use of general revenues for future maintenance of acquired properties.
LEGAL CONSIDERATION: The. proposed ordinance was drafted by the County Attomeyandis
legally sufficient A majority vote is required for appr~alofthisit$rn......JAK .
RECO-"ENDATION: That the Board directs the County Manager.orbisdesigneetO advertise
the proposed amendment to the Conservation Collier Ordinance No.2002.-6S,as amended,and
bring it forward as an advertised ordinance for Board consideration at the April 12, 2011
regular meeting of the Board of County Commissioners.
PREPARED BY: Alexandra J.Sulecki, Coordinator, Conservation CQllierProgram
Attachmellts: Proposed DtaftAmendment to Ordinance
Packet Page -1067 ~
r"'\
COLLIER COUNTY
~rd of County Comml~ion.rs
.., .....
Item Number: 16.E.4.
Item Summary: Re~mmendation to advertise the proposedal1l~ndment to the.
Conservation Collier Ordi~ance No. 2002-63,. as amended, whi.chprovid,es for the abiUtVto
increase funding ofthe Conservation Collier Management TrU$t Fund.(174).by. removingtl'Je
annual cap of ad valorem taxes thatma.y be appropriated and a1IOWi"gf()r transfer of funds into
Fund 174 from the Conservation Collier Acquisition Trust Fun.d (172).
Meeting Date: 3/8/2011
Prepared By
Name: SuleckiAlexandra
Title: EnvironmentalSpecialist, Senior,Facilitie~ Manage
2/17/20114:13:32PM
f', Submitted by
Title: Environmental Specialist, Senior,Facilities Manage
Name: SuleckiAlexandra
2/17/2011 4:13:33 PM
ApproveclBy
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date:2/17/2011 4:44:04 PM
Name: HennigMelissa
Tide: Environmental S~i~ist,Principal,Facilities Management
D~te: 2/18/2011 11:23:28AM
.
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 2/18/2011 12:46:51 PM
r-"\ Name: WilliamsSteven
Title: Assistant County AttQmey,County Attorney
Packet Page -1068~
r"\,
r'\
r"\
Date: 2/18/20114:34:14 PM
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 2/24/2011 8:45:59 AM
Name: StanleyTherese
Title: Management/Budget Analyst,. Senior, Office of Manag~ment & Budget
Date: 2/24/2011 2:14:56 PM
Name: KlatzkowJeff
Title: County Attorney, ,
Date: 2/24/2011 2:48:35 PM
Name: lsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 2/25/20113:21:00 PM
Packet Page ~1069~
J'-:-._} ,~::.~~/,"t,;~t;,~~~~f&;~,*:1;~_,t
,... - ,- -"'.. ". _.",".,--~., ''';::' i:','"''''
3/8/20 11..lterr1. 16.E.4.
3/8/2011 Item 16.E.4.
~
ORDINANCE NO. 2011 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2002-63,
AS AMENDED, THE CONSERVATION COLLIER IMPLEMENTATION
ORDINANCE, TO PROVIDE FOR THE ABILITY TO INCREASE
FUNDING OF THE CONSERVATION COLLIER MANAGEMENT
TRUST FUND BY BOTH REMOVING THE ANNUAL CAP OF AD
VALOREM TAXES THAT MAY BE APPROPRIATED, AND ALLOWING
FOR THE TRANSFER OF FUNDS FROM THE CONSERVATION
COLLIER ACQUISITION TRUST FUND; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on Tuesday, November 5, 2002, the electorate of Collier County authorized
the County to levy a 0.25 mill ad valorem property tax for a period not to exceed ten (10) years,
for acquisition, protection, restoration, and management of environmentally sensitive lands in
Collier County for the benefit of present and future generations; and
WHEREAS, Collier County Ordinance No. 2002-63 established the Conservation Collier
~\ Program to implement this mandate and to support its purposes to the fullest, limiting all uses of,
and all investment earnings on, such levies to such purposes; and
WHEREAS, due to a changing interest environment, it has become necessary to increase
the Conservation Collier Management Trust Fund, which is used in the preservation,
enhancement, and maintenance of environmentally sensitive lands either acquired with the
Conservation Collier Acquisition Trust Fund or otherwise approved for management.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION 7 OF ORDINANCE NO. 2002-63, AS
AMENDED.
Section 7 is hereby amended as follows:
Section 7 - Creation of the Conservation Collier Management Trust Fund.
,--.
There is hereby created the Conservation Collier Management Trust Fund
(hereinafter referred to as the Conservation Collier Management Trust Fund) for
the preservation, enhancement, restoration, conservation and maintenance of
Words Underlined are added; Words Struck Through are deleted.
Page 1 of3
Packet Page -1070-
3/8/2011 Item 16.E.4.
environmentally sensitive lands that either have been purchased with monies from
the Environmentally Sensitive Lands Acquisition Trust Fund, or have otherwise
been approved for management. The Finance Director is hereby authorized to
establish the Conservation Collier Management Trust Fund and to receive and
disburse monies in accordance with the provisions of this seefto1'{ .
~
1. The Conservation Collier Management Trust Fund shall be maintained in
a separate and segregated trust fund of the County to be used solely for the
authorized purposes set forth herein.
2. The Conservation Collier Management Trust Fund shall receive monies
from the following sources:
a. Ad-valorem taxes collected for Conservation Collier in an amount
not to exceed no less than 15 percent of the total collected in anyone year.
b. All monies accepted by Collier County in the form of federal,
State, or other governmental grants, allocations, or appropriations, as well
as foundation or private grants and donations, for management of lands
acquired with the Conservation Collier Acquisition Trust Fund or
otherwise approved for management.
c. Additional allocations as may be made by the Board of County
Commissioners as necessary from time to time for purposes strictly
consistent with the goals and purposes of Conservation Collier.
d. All interest generated from the sources identified herein, except
where monies received have been otherwise designated or restricted.
e. Supplementation from the Conservation Collier Acquisition Trust
Fund. but only with the approval of the Collier County Board of County
Commissioners.
~
3. Disbursements from the Conservation Collier Management Trust Fund
shall be made by the County Manager or his or her designee only in accordance
for the authorized purposes set forth herein.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
.~
Words Underlined are added; Words Struck ThrOHbh are deleted.
Page 2 of3
Packet Page -1071-
3/8/2011 Item 16.E.4.
~ SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DUL Y ADOPTED by the Board of County COlmnissioners of Collier
County, Florida, this _day of , 2011.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~
By:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
-,
Words Underlined are added; Words Struck Through are deleted.
Page 3 of3
Packet Page -1072-