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Agenda 02/10/2009 Item #16A 4 Agenda Item No. 16A4 February 10, 2009 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to extend the expiration date of the ad hoc Rural Lands Stewardship Area Review Committee OBJECTIVE: The purpose of the attached Resolution is to extend the tenn expiration date of the ad hoc Rural Lands Stewardship Area Review Committee (Committee) by twelve (12) months to April 14, 2010, due to the delay in the completion of the Committee's Five Year Review of the Rural Lands Stewardship Program and the Committee's interest in continuing as an advisory Committee to the Board of County Commissioners (BCC) if the Committee's recommendations to amend the Rural Lands Stewardship Area Overlay are authorized by the BCC for a special cycle Growth Management Plan (GMP) amendment. CONSIDERATIONS: On October 24, 2007, the BCC adopted Resolution Number 2007-305A, ercating the Committee as an ad hoc advisory committee to assist in 1he five-year review of the Rural Lands Stewardship Area Overlay (RLSAO) of the Future Land Cse Element of the GMP, as provided for in Policy 1.12 of the RLSAO and the Section 4.08.04 G of the Land Development Code. On June 10, 2008, the BCC approved Resolution No. 2008-163 which extended the term of the Committee members si" (6) monti1s to Apri124, 2009. On January 6, 2009, the Commi1tee voted unanimously to recommend to the BCC that the term of the Committee be extended an additional twelve (12) months to allow the Committee to advise and make recommendations to the BCC during a special GMP amendment cycle requested by the Committee through its le1ter dated November 24, 200S, which was distributed to the BCe. LEGAL CONSIDERATIONS: The extension of the term of the Committee is a policy decision of the BCC and is providcd for in Resolution 2007-305A.This item is not quasi-judicial and, as such, ex parte disclosure is not required. This item requires a majority vote only.-STW FISCAL IMPACT: The fiscal impact was detailed in the Executive Summary related to BCC Resolution 2007-173 (predccessor to 1007-305A) and includes expenses incurred for placing advcrtisements in thc newspapcr for Committee meetings, staff liaison timc (Comprehensive Planning Department, Transportation Division, Environmental Services Deparlment, and the County Attorney's Officc), and minor related out-of-pocket costs. A small portion of costs for Committee work was budgeted in tile FY09 approved budget within the Comprehensive Planning Department budget with Fund 111 dollars up until April 24, 2009, but these costs have now evolved from minor costs to major unanticipated costs. The costs associated with additional Committee meetings beyond those contemplatcd were not factored into the budgetary equation. MulLiple meetings before the Collier County Planning Commission and the Enviromuenta1 Advisory Council were not anticipated as part of the Phase 11 Report. The afor=entioncd additional meetings and attendant costs are a direct result of the Committee's approach beyond just recommending changes. Instead, the Committee has made spccific recommendations to change the GMP language and has provided some data and analysis. The process has morphed almost into the equivalent of a GMP Amendment submittal. Furthermorc, any costs beyond April 24, 2009, were not contemplated in the Department's FY 09 budget and, therefore, will adversely affect the Department's priorities and allocated funding. ".""e Agenda Item No. 16A4 February 10. 2009 Page 2 of 5 If the BCC authorizes a special GMP Amendment eycle to amend the Rural Lands Stewardship Area Overlay of the Future Land Use Element of the GMP, the expected budget amendment from fund I II reserves would be approximately $80,600 through the end of fisea1 year 2009 based upon aetual eosts of $7,596 in December, 2008, preliminary estimated costs for January, 2009 of 513,000 (includes estimated but unbilled additional costs of court reporter, television, and minutes for three full days), and average monthly costs of $7,500 through thc end of fiscal year 2009. GROWTH MANAGEMENT JMPACT: The completion of the five year review of the RLSAO is consistent with Policy 1.22 of the RLSAO. RECOMMENDATJON: ll1at the Board of County Commissioners adopt the attached resolution which extends the termination date of the Rural Lands Stewardship Area Review Committee by twelve (12) months to April 24, 2010 and authorize the preparation of a budget amendment in the amount of $80,600 from Fund 111 reserves to the appropriate Comprehensive Planning Department expense center to fund Committee work through the end of fisea1 year 2009. PREPARED BY: Thomas Greenwood, Alep, Principal Planner, Comprehensive Planning Department Item Number: Item Summary: Meeting Date: Page ] of 1 Agenda Item No. 16M February 10, 2009 Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A4 A Resolution of the Collier County County Board of County Commissioners to extend the term of the Rural Lands Stewardship Area Review Committee. 2/10/200990000 AM Prepared 8y Thomas Greenwood Community Development & Environmental Services Principal Planner Date Approved By Comprehensive Planning 1/8/20092:55:04 PM Randall J. Cohen Community Development & Environmental Services Comprehensive Planning Department Director Date Comprehensive Planning 1/8/20093:31 PM Date Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 1/9/2009 4:09 PM Approved By Steven Williams Attorney's Office Date Assistant County Attorney Attorney's Office 1/12/20098:20 AM Date Approved 8y Jeff Klatzkow County Attorney Assistant County Attorney County Attorney Office 1112/20094:16 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 1/17/20099:22 AM Date Approved 8y OMS Coordinator County Manager's Office OMS Coordinator Office of Management & Budget 1/28/200910:35AM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 2/2/2009 1 :21 PM Date Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 2/2/20093:51 PM file://C:\AgendaTest\Export\ 123-February%20 1 0,%202009\16.%20CONSENT%20AGEND... 2/4/2009 I'.genda Item 1"0. 16A4 February 10, 2009 Page 4 of 5 RESOLUTION 2009- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TO EXTEND THE TERM OF THE RURAL LANDS STEWARDSHIP AREA REVIEW COMMITTEE WHEREAS, on October 24,2007, the Board of County Commissioners adopted Resolution Number 2007 -305A, creating the Rural Lands Stewardship Area Review Committee as an ad hoc advisory committee to assist in the five year review of the Rural Lands Stewardship Area Overlay (RLSAO) of the Future Land Use Element of the Growth Management Plan, as provided for in Policy 1.22 of the RLSAO and the Land Development Code (Section 4.08.04 G); and WHEREAS, Resolution Number 2007-305A states that the term of this Committee shall expire within "one year from the effective date of the resolution appointing" members to the Committee, unless the Board of County Commissioners, by Resolution, extends the term of the Committee; and WHEREAS, the members of the Committee were originally appointed by the Board of County Commissioners for a term of one year on October 24, 2007, by Resolution No. 2007-305A, with their terms subsequently extended to April 24, 2009 by Board Resolution No. 2008-163 approved on June 10,2008: and WHEREAS, the Committee has completed its Phase I Report and Phase II Report and, during its January 6, 2009, voted unanimously to recommend to the Board of County Commissioners the extension of the term of the Committee members for twelve (12) additional months, or until April 24, 2010 so that the Committee may continue to advise and make reccmmendations during a special Growth Management Plan amendment cycle requested of the Board by the Committee through its ietter dated November 24, 2008. NOW, THEREFORE, be it resolved by the Board of County Commissioners of Collier County, Florida, that the term of the membership of the Rural Lands Stewardship Area Review Committee is hereby extended for twelve (12) months, said term to expire on April 24, 2010. THIS RESOLUTION ADOPTED this __ day of Motion, seconded, and majority vote favoring same. , 2009, after a Agenda Item No. 16A4 February 10, 2009 Page 5 of 5 ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams ,..:,'(;;'" Assistant County Attorney CP\08-CMP-005 3 8\9-STW