Agenda 04/12/2011 Item #17E
4/12/2011 Item 17.E.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopt an ordinance to
amend Conservation Collier Ordinance No. 2002-63, as amended, which provides
for the ability to increase funding of the Conservation Collier Management Trust
Fund (174) by removing the annual cap of ad valorem taxes that may be
appropriated and allowing for transfer of funds into Fund 174 from the
Conservation Collier Acquisition Trust Fund (172).
OBJECTIVE: To allow transfers in amounts greater than 15% of collections to ensure sufficient
funds are available to manage Conservation Collier properties in perpetuity,
CONSIDERATION: On September 23, 2010, at its budget hearing, the Board of County
Commissioners (Board) approved the Collier County 2011 Budget, which included a transfer of
funds from the Conservation Collier Acquisition Trust Fund (172) to the Conservation Collier
Management Trust Fund (174).
On January 25, 2011, the Board suspended further acquisitions in the Conservation Collier
Program pending the development and approval of a Public Amenities Work Plan which will
provide a plan for long term management funding for the Conservation Collier Program.
The proposed Conservation Collier Ordinance amendment provides authority to implement the
Board's adopted budget and provides for 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.
At the Board's March 8, 2011 public meeting, the amendment was proposed and authority was
requested and granted for its advertisement. It was advertised in the Naples Daily News on
March 27, 2011, with copy provided,
FISCAL IMPACT: There is no direct fiscal impact associated with this item.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this action.
LEGAL CONSIDERATION: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient. A majority vote is required for this item. STW
RECOMMENDATION: That the Board adopts the proposed amendment to the Conservation
Collier Ordinance No, 2002-63, as amended,
PREPARED BY: Alexandra J, SUlecki, Coordinator, Conservation Collier Program
~
Packet Page -2794-
4/12/2011 Item 17.E.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.E.
Item Summary: Recommendation that the Board of County Commissioners adopt an
ordinance to amend Conservation Collier Ordinance No. 2002-63, as amended, which provides
for the ability to increase funding of the Conservation Collier Management Trust Fund (174) by
removing the annual cap of ad valorem taxes that may be appropriated and allowing for
transfer offunds into Fund 174 from the Conservation Collier Acquisition Trust Fund (172).
Meeting Date: 4/12/2011
Prepared By
Name: SuleckiAlexandra
Title: Environmental Specialist, Senior.Faeilities Manage
3/28/2011 2:48: 16 PM
Approved By
Name: Smith Kristen
Title: Administrative Secretary, Risk Management
Date: 3/28/2011 3:23:34 PM
Name: HennigMeiissa
Title: Environmental Specialist, Principal,Facilities Management
Date: 3/28/20113:26:17 PM
Name: CampSkip
Title: Director - Facilities Management,Faeilities Manage
Date: 3/28/20114:01 :13 PM
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 3/29120114:58:12 PM
Name: WilliamsSteven
Title: Assistant County Attorney,County Attorney
Date: 3/30/20 II 12:40:49 PM
Name: Klatzkow.1eff
Packet Page -2795-
4/12/2011 Item 17.E.
Title: County Attorney,
Date: 3/30/2011 3:37:45 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 4/4/20119:5] :50 AM
Name: ]sacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 4/4/20] 19:58:]5 AM
Packet Page -2796-
4/12/2011 Item 17.E.
Naples DaDy News · Sunday, March 27, 2011 .21D
NOTicE OF, INTENT TO CONSIDER ORDiNANCE
Notice Is hereby given that on. Tuesday, April 12, 2011. in the Bo~rdroom, 3rd Floorl
Administration Building, Collier County Government. Center. 3299 Eart Tamiaml
Trail" Naples. Florida, the ,Board Qf County Commissioners will consider the enact-
ment of a County Ordinance. 'l"he meeting will commence at 9:00 A.M. Them!e of
the proposed Ordinance iSBs fel,lom: ,. ,._.' ,
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN-
TY. FLORIDA. AMENDING ORDINANCE NO. 2002-63, AS AMENDED, THE CONSERVA-
TION COLLIER IMPLEMENTATION ORDINANCE, TO PROVlOE, FOR THE ABILITY TO
INCREASE FUNDING OF THE CONSERVATiON COWER MANAGEMENT TRUST FUND
BY BOTH REMOVlNG THE ANNUAl. CAP OF AD VALOREM TAXES THAT MAY BE AP- ,
PROPRIATED, AND Al.LOWIN'G FDR THE TRANSFER OF FUNDS FROM THE CDNSER- .
VATION COlliER ACQUfSITION TRUST FUND; PROVlDING FOR CONFLICT AND SEVE-
RABIUTY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;.
AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proPosed Ordinance are' on file with the derk, to the BOard and are :;.'
available for inspection. All Interested parties are invited to attend and be hear~L
NOTE: All persons Wishing to speak on any agenda item must register with th~ ;
County administrator rrior to presentation of the; agenda' 'ftem to be addressed.
Individual speakers wit be limited to 3 minuteS on"any item. The selection of an in.
dividual to-$peak_o" behalf of an,organizatlon or group is entolJraged. If recog-
nized by the Chairman. a sJ)9kesperson for a group or organization may be allotted
: 10 m!'.'utes.tospeaik.on an item: '
, ' ,
Persons wishing to ,have written or graphic'materials included 'in Jhe Board,agenda'
packets must submit saidmateriar a minimum of 3 weeks prio~ to the: respective
public hearing. In any case, written materials 'intended to be considered b~ .the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the p~blic hearing. AU material used in presentations before 'the Board
will become a permanent part of the record.
-My person who" decides to appeal a decision of the Board will need a record of tne
proceedings pertaining thereto and therefore. may need to ensure that a verbatim
record. of the proceedings Is made, which record includes the testimony and' evj.
dence upon wt\ich the 'appeal is based. -
If you are a person with a disability who needs any accommodation in order to par-
ticipate in this proceeding. you are entitled, at no cost to you, to the provision of.
ce~ain assistance. Please contact the Collier Cpunty Facilities Management Depart- .
ment, located at 3335 Tamiaml Trail East, Suite 1#101, Building W, Naples, Florida
'34112, (239) 252.8380. Assisted listening devic~s for the hearing impaired are avail-
able in the County Commissioners' Office.. , ,. ,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMANÊDWIGHT E, BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEA~ ,
Marrh n j()11
Nn1Rq3648
Packet Page -2797-
4/12/2011 Item 17.E.
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 MAYBE 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 E!ru6k Thro"gh are deleted.
n__~ I _~-:l
Packet Page -2798-
4/12/2011 Item 17.E.
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 section.
I, 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
Bot to ellseea 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 onlv with the approval of the Collier County Board of Countv
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 8lruek ThroHgh are deleted.
... _1'....
Packet Page -2799-
4/12/2011 Item 17.E.
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 DULY ADOPTED by the Board of County Commissioners 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
Jeffre' .
Count A
w
Words Underlined are added: Words Sir""!: TRfO"gh are deleted.
_"' ..r'....
Packet Page -2800-