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Agenda 07/10/2018 Item #11C07/10/2018 EXECUTIVE SUMMARY Recommendation to authorize staff to advertise an amendment to Ordinance No. 2007-65, as amended, which established and implements the Conservation Collier Program. OBJECTIVE: To request direction to advertise updates to the Conservation Collier Ordinance, No. 2007-65, as amended. 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. As the Conservation Collier Program began its operations in 2003, staff noted that some of the procedural instructions, if followed literally, created inefficiencies and appeared to be unworkable. As a result, the ordinance was revised to adjust the procedure for evaluation of properties. The Conservation Collier Land Acquisition Advisory Committee (CCLAAC) unanimously recommended the proposed amendments and the Board approved the requested changes in Ordinance 2007-65 on October 23, 2007 (Agenda Item 17D). In subsequent years, several additional amendments were made to the implementation ordinance, including the following: Ordinance 2001-12, which 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, with Board approval. Ordinance 2014-18, which modified the role of the CCLAAC to review and make a recommendation on the management and programs of preserved lands when not in an active acquisition phase. Ordinance 2015-16, which modified the number of members of the CCLAAC from nine (9) to seven (7) members and modified quorum requirements when not in an active acquisition phase. Ordinance 2002-63 and the amendments in their entirety make up the Conservation Collier implementation ordinance. On April 24, 2018, at the regular meeting of the BCC (Agenda Item 11B), staff was directed by the Board to bring forward additional recommended ordinance changes at the July 10, 2018 Board Meeting. This item is to authorize staff to advertise an amendment that will be brought back to the Board at a future date for consideration. CCLAC RECOMMENDATIONS: The CCLAAC recommended the following proposed changes to the enabling ordinance at their June 11h public meeting: Page 1 - Revise Whereas clauses to fit the current situation. Page 3 - Section 4.12 - Add the ‘Florida Communities Trust’ as an acquisition program Conservation Collier is encouraged to cooperate with. Page 4 - Section 5.10 - Add a definition for ‘Urban Lands’ defining them by the Future Land Use Map (FLUM) Page 5 - Section 6.1.e. - Changing the percentage of ad valorem revenue split for Land Acquisition from 85% to 75%. Page 5 - Section 6.3.d. - Removing language authorizing the use of Land Acquisition Trust funds for studies and analyses of County conservation needs. Page 7 - Section 7 - 4th sentence - changing the name of the ‘Environmentally Sensitive’ 11.C Packet Pg. 258 07/10/2018 Land Acquisition Trust Fund to the ‘Conservation Collier’ Land Acquisition Trust Fund so the name will remain consistent throughout the document. Page 7 - Section 7.2.a. - Changing the percentage of ad valorem revenue split for Land Management from 15% to 25%. Page 7 - Section 7.3. - Adding to the sentence, ‘and as approved by the Board of County Commissioners.’ Page 8 - Section 8.6.b. - Deleting the last sentence, ‘However, the goals and primary criteria of Conservation Collier may not be modified except by countywide referendum vote.’ Page 9 - Section 8.6.d. revising the language to remove the Advisory Committee sunset clause and make the language consistent with the amendment to the Conservation Collier Ordinance known as Ordinance No. 2014-18, which describes the Committee’s role in non- acquisition periods. Staff supports the recommendation made by the CCLAAC. FISCAL IMPACT: There is no Fiscal impact. 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 RECOMMENDATION: To direct staff to advertise an amendment to Ordinance No. 2007-65, as amended. Prepared By: Alexandra Sulecki, Principal Environmental Specialist, Parks and Recreation Division ATTACHMENT(S) 1. Conservation Collier Ordinance AM CAO Stamped (PDF) for Land Acquisition from 85% to 75%. Page 5 - Section 6.3.d. - Removing language authorizing the use of Land Acquisition Trust funds for studies and analyses of County conservation needs. Page 7 - Section 7 - 4th sentence - changing the name of the ‘Environmentally Sensitive’ Land Acquisition Trust Fund to the ‘Conservation Collier’ Land Acquisition Trust Fund so the name will remain consistent throughout the document. Page 7 - Section 7.2.a. - Changing the percentage of ad valorem revenue split for Land Management from 15% to 25%. Page 7 - Section 7.3. - Adding to the sentence, ‘and as approved by the Board of County Commissioners.’ Page 8 - Section 8.6.b. - Deleting the last sentence, ‘However, the goals and primary criteria of Conservation Collier may not be modified except by countywide referendum vote.’ Page 9 - Section 8.6.d. revising the language to remove the Advisory Committee sunset clause and make the language consistent with the amendment to the Conservation Collier Ordinance known as Ordinance No. 2014-18, which describes the Committee’s role in non- acquisition periods. 11.C Packet Pg. 259 07/10/2018 ATTACHMENT(S) 1. Conservation Collier Ordinance AM CAO Stamped (PDF) 11.C Packet Pg. 260 07/10/2018 COLLIER COUNTY Board of County Commissioners Item Number: 11.C Doc ID: 6026 Item Summary: Recommendation to authorize staff to advertise an amendment to Ordinance No. 2007-65, as amended, which established and implements the Conservation Collier Program. (Barry Williams, Director, Parks and Recreation) Meeting Date: 07/10/2018 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 06/19/2018 3:42 PM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 06/19/2018 3:42 PM Approved By: Review: Parks & Recreation Barry Williams Additional Reviewer Completed 06/22/2018 2:04 PM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 06/25/2018 3:18 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 06/26/2018 8:54 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/26/2018 1:29 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/29/2018 3:20 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/29/2018 3:32 PM Budget and Management Office Ed Finn Additional Reviewer Completed 06/29/2018 3:49 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/02/2018 8:16 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 07/02/2018 10:20 AM Board of County Commissioners MaryJo Brock Meeting Pending 07/10/2018 9:00 AM 11.C Packet Pg. 261 11.C.1 Packet Pg. 262 Attachment: Conservation Collier Ordinance AM CAO Stamped (6026 : Amend Ordinance No. 2007-65) 11.C.1 Packet Pg. 263 Attachment: Conservation Collier Ordinance AM CAO Stamped (6026 : Amend Ordinance No. 2007-65) 11.C.1 Packet Pg. 264 Attachment: Conservation Collier Ordinance AM CAO Stamped (6026 : Amend Ordinance No. 2007-65) 11.C.1 Packet Pg. 265 Attachment: Conservation Collier Ordinance AM CAO Stamped (6026 : Amend Ordinance No. 2007-65) 11.C.1 Packet Pg. 266 Attachment: Conservation Collier Ordinance AM CAO Stamped (6026 : Amend Ordinance No. 2007-65) 11.C.1 Packet Pg. 267 Attachment: Conservation Collier Ordinance AM CAO Stamped (6026 : Amend Ordinance No. 2007-65) 11.C.1 Packet Pg. 268 Attachment: Conservation Collier Ordinance AM CAO Stamped (6026 : Amend Ordinance No. 2007-65) 11.C.1 Packet Pg. 269 Attachment: Conservation Collier Ordinance AM CAO Stamped (6026 : Amend Ordinance No. 2007-65) 11.C.1 Packet Pg. 270 Attachment: Conservation Collier Ordinance AM CAO Stamped (6026 : Amend Ordinance No. 2007-65) 11.C.1 Packet Pg. 271 Attachment: Conservation Collier Ordinance AM CAO Stamped (6026 : Amend Ordinance No. 2007-65)