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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 Packet Page -390- 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 Packet Page -391- 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 Packet Page -392- 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 Packet Page -393- 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. Packet Page -394-