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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-