Agenda 12/11/2018 Item #11C12/11/2018
EXECUTIVE SUMMARY
Recommendation to authorize staff to advertise an amendment to Ordinance No. 2002-63, as
amended, which established and implements the Conservation Collier Program.
OBJECTIVE: To obtain Board authorization to advertise a proposed amendment to the Conservation
Collier Ordinance, No. 2002-63.
CONSIDERATIONS: On December 3, 2002, the Board of County Commissioners (Board) approved
Ordinance 2002-63, which established and implements the Conservation Collier Land Acquisition
Program. This ordinance has been amended four (4) times, starting in 2007. The following are the
amendments, the dates, and their purposes:
Ordinance 2007-65 - Made some minor clarification edits, further defined the structure of the
AAL, and tweaked acquisition procedures to conform to sunshine laws. Approved October
23, 2007 (Agenda Item #17D).
Ordinance 2011-12 - Allowed for an increase in the Conservation Collier Land Management
Trust Fund by removing the annual 15% cap of ad valorem taxes that may be appropriated
and allowing for the transfer of funds from the Conservation Collier Land Acquisition Trust
Fund to the Land Management Trust Fund. Approved March 8, 2011 (Agenda Item #16E5).
Ordinance 2014-18 - Modified the role of the Conservation Collier Land Acquisition
Advisory Committee to review and make recommendation on the management and programs
when not in an active acquisition phase. Approved May 27, 2014 (Agenda Item #17C).
Ordinance 2015-16 - Modified the number of members of the Land Acquisition Advisory
Committee from nine (9) to seven (7) members and modified quorum requirements when not
in an active acquisition phase. Approved February 10, 2015 (Agenda Item #17E).
On April 24, 2018, at the regular meeting of the Board (Agenda Item #11B), staff was directed by the
Board to bring forward additional proposed ordinance changes at the July 10, 2018 Board Meeting. After
review in subcommittee on May 14, 2018, the Conservation Collier Land Acquisition Advisory
Committee (CCLAAC) met on June 11, 2018 and voted upon their changes. These changes were brought
forward at the July 10, 2018 Board Meeting (Agenda Item #11C), but the Board decided to delay making
changes at that time, requesting the ordinance be brought back again in the fall. The subcommittee
reconvened on October 4, 2018. Commissioner McDaniel attended and proposed changes. Revised
recommendations were brought forward to the full CCLAAC December 3, 2018. The CCLACC voted to
recommend the following:
Page 1 Whereas Clause - Remove historical whereas as it was determined not to be needed.
Page 2 Whereas Clause - Remove language limiting the uses of, and all investment earnings
on, such levies to such purposes.
Page 2 Whereas Clause - The suggested change removed language indicating that ad valorem
levies are the sole funding sources and added language that funding source would be
determined by Collier County.
Page 3, Section 4.8 - Proposed change allows for the option of having a qualified 3rd party
entity evaluate lands proposed for acquisition instead of having staff do this exclusively.
Page 4, Section 4.12 - Slight language change but CCLAAC voted to keep the original
meaning. The addition of “Florida Communities Trust” was made to include the primary
source for land acquisition grants.
Page 5, Section 5.10 - Adds a definition for “Urban Areas” tying the meaning to the Future
Land Use Map.
Page 6, Section 6.1.e. - Changes the split for funds for acquisition/maintenance from
85%/15% to 75%/25%, removes “ad valorem” as the sole source for those funds and adds a
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requirement that the Board evaluates this percentage annually.
Page 6, Section 6.3.d. - Removes the expressed authority to use Program funds to conduct
studies and analyses of County Conservation land needs and ways of meeting those needs.
Page 8, Section 7.2.a. - Changes the split for land management funds going from 15% to 25%
and changes the term “ad valorem” to “revenues” regarding possible funding sources for the
land management trust.
Page 9, Section 7.3 - Adds requirement for disbursements from the Land Management Trust
Fund to be approved by the Board of County Commissioners. This change assumes that
operational expenditures approved through the budget and amenity expenditures approved as
a part of Land Management Plans do not need additional and individual Board approvals, but
disbursements outside of these normal program operations would.
Page 11, Section 9.1 - This language change identifies that acquisition priority can be given
to urban areas, but it is not limited to urban areas.
Page 12, Section 3, 8th line - the word “first” was removed.
Page 12, Section 3.a - Deleted “on the Future Land Use Map of the Collier County Growth
Management Plan,” but keeps the rest.
Page 13, Section 11.1. - Retain as is, remove suggested “in the Urban Area.”
Page 15, Section 12.6 - add “if the program is in a buying cycle” to take away the need to
solicit proposals unless we are in a buying cycle.
Page 15, Section 13.3, Lines 1 and 2 - added language allows for a qualified 3rd party entity to
evaluate Conservation Collier proposals.
Page 15, Section 13.3, Lines 7 and 8 - Language additions for 3rd party entity to prepare
Initial Criteria Screening Reports.
Page 16, Section 13.4, Line 1 - Corrects acronym.
Page 16, Section 13.4, Line 2 - Language addition to identify that staff will present screening
reports to CCLAAC, not the 3rd party.
Page 18, Section 14.7 - Keeps language that extinguishes development rights but deletes
language allowing for the restoration of property rights in the event of a property trade. This
deletion affects the multi-parcel projects primarily as this language was added in 2007 to
have the ability to consolidate parcels via trade if acquisition of the entire area ultimately
fails.
It was noted during discussion regarding the possibility of banking of development rights that County
Projects do not routinely use credits and TDRs to build, and that any change regarding TDRs and Credits
may also require changes to the Land Development Code and possibly even the Growth Management
Plan as currently, there is no provision for government entities to bank development rights. There was
also discussion regarding paragraphs b, c and d within Section 3 (pages 12 and 13 of the ordinance). But
the CCLAAC voted to retain the language “as is” in each instance.
Also, the CCLAAC Members voted 8/1 to keep language in requiring a public referendum for
modification of the Program’s goals and primary criteria (Page 10, Section 8.6.b), with the recognition
that the Board has authorization to make changes to ordinances as they see fit.
FISCAL IMPACT: The cost to advertise is approximately $400.
GROWTH MANAGEMENT: Fee-simple acquisition of conservation lands is consistent with and
supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County
Growth Management Plan.
LEGAL CONSIDERATIONS: This Item is approved for form and legality and requires a majority vote
for Board approval. -JAB
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RECOMMENDATION: To authorize staff to advertise an amendment to Ordinance No. 2002-63, as
amended.
Prepared By: Alexandra Sulecki, Principal Environmental Specialist, Parks and Recreation
Division
ATTACHMENT(S)
1. Ordinance CAO Approved (PDF)
2. Conservation Collier Proposed Ordinance Changes (PPTX)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.C
Doc ID: 7405
Item Summary: Recommendation to authorize staff to advertise an amendment to Ordinance No.
2002-63, as amended, which established and implements the Conservation Collier Progr am. (Alexandra
Sulecki, Principal Environmental Specialist, Parks and Recreation Division)
Meeting Date: 12/11/2018
Prepared by:
Title: – Public Services Department
Name: Todd Henry
11/20/2018 3:49 PM
Submitted by:
Title: Department Head - Public Services – Public Services Department
Name: Steve Carnell
11/20/2018 3:49 PM
Approved By:
Review:
Public Services Department Kimberley Grant Level 1 Reviewer Completed 12/04/2018 4:32 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 12/04/2018 4:35 PM
Parks & Recreation Barry Williams Additional Reviewer Completed 12/04/2018 5:13 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 12/05/2018 8:19 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 12/05/2018 2:14 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/05/2018 3:01 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/05/2018 3:01 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/05/2018 3:04 PM
County Attorney's Office MaryJo Brock CAO Preview Skipped 12/05/2018 3:11 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 12/05/2018 4:16 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/11/2018 9:00 AM
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11.C.1Packet Pg. 620Attachment: Ordinance CAO Approved (7405 : Conservation Collier Ordinance Amendment)
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11.C.1Packet Pg. 638Attachment: Ordinance CAO Approved (7405 : Conservation Collier Ordinance Amendment)
Conservation Collier Proposed
Ordinance Changes
DECEMBER 11,2018 BOARD MEETING
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Packet Pg. 639 Attachment: Conservation Collier Proposed Ordinance Changes (7405 : Conservation Collier Ordinance
Proposed Changes
u Page 1 Whereas Clause –Remove historical whereas as it was
determined not to be needed.
u Page 2 Whereas Clause –Remove language limiting the uses of,and
all investment earnings on,such levies to such purposes.
u Page 2 whereas Clause -The suggested change removed language
indicating that ad valorem levies are the sole funding sources and
added language that funding source would be determined by Collier
County.
u Page 3,Section 4.8 –Proposed change allows a qualified 3rd party
entity to evaluate lands proposed for acquisition instead of having
staff do this exclusively.
11.C.2
Packet Pg. 640 Attachment: Conservation Collier Proposed Ordinance Changes (7405 : Conservation Collier Ordinance
u Page 4,Section 4.12 –Slight language change but CCLAAC voted to
keep the original meaning. The addition of “Florida Communities Trust”
was made to include the primary source for land acquisition grants.
u Page 5,Section 5.10 –Adds a definition for “Urban Areas” tying the
meaning to the Future Land Use Map.
u Page 6,Section 6.1.e. –Changes the split for funds going to acquisition
from 85% to 75% and removes “ad valorem” as the sole source for those
funds.
u Page 7,Section 6.3.d. –Removes the inherent ability for staff to use
Program funds to conduct studies and analyses of County Conservation
land needs and ways of meeting those needs.
u Page 8,Section 7.2.a. –Changes the split for land management funds
going from 15% to 25% and removes “ad valorem” as the sole source
for those funds.
11.C.2
Packet Pg. 641 Attachment: Conservation Collier Proposed Ordinance Changes (7405 : Conservation Collier Ordinance
u Page 9, Section 7.3 –Ads requirement for disbursements from the Land
Management Trust Fund to be approved by the Board of County
Commissioners.
u Page 10, Section 8.6.b. -CCLAAC Members voted 8/1 to keep language in
requiring a public referendum for modification of the Program’s goals and
primary criteria.
u Page 11, Section 9.1 –This language change identifies that acquisition priority
can be given to urban areas, but it is not limited to urban areas.
u Page 12, Section 3, 8th line –the word “first” was removed.
u Page 12, Section 3.a –Deleted “on the Future Land Use Map of the Collier
County Growth Management Plan,” but keeps the rest.
u Page 12, Section 3.b. –no changes recommended by CCLAAC –keep as is.
u Page 13, Section 3.c. –Retain as is.
u Page 13, Section 3.d. –Retain as is.
u Page 13, Section 11.1. –Retain as is, remove suggested “in the Urban Area.”
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Packet Pg. 642 Attachment: Conservation Collier Proposed Ordinance Changes (7405 : Conservation Collier Ordinance
u Page 15,Section 12.6 –add “if the program is in a buying cycle” to take
away the need to solicit proposals unless we are in a buying cycle.
u Page 15,Section 13.3,Lines 1 and 2 –added language allows for a
qualified 3rd party entity to evaluate Conservation collier proposals.
u Page 15,Section 13.3,Lines 7 and 8 –Language additions for 3rd party
entity to prepare Initial Criteria Screening Reports.
u Page 16,Section 13.4,Line 1 –Corrects acronym.
u Page 16,Section 13.4,Line 2 –Language addition to identify that staff will
present screening reports to CCLAAC,not the 3rd party.
u Page 18,Section 14.7 –keeps language that extinguishes development
rights but deletes language allowing for the restoration of property rights
in the event of a property trade. This deletion affects the multi-parcel
projects primarily where this language was added in 2007 to have the
ability to consolidate parcels via trade if acquisition of the entire area
ultimately fails.
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Packet Pg. 643 Attachment: Conservation Collier Proposed Ordinance Changes (7405 : Conservation Collier Ordinance
Questions?
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Packet Pg. 644 Attachment: Conservation Collier Proposed Ordinance Changes (7405 : Conservation Collier Ordinance