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Agenda 12/11/2018 Item #11C12/11/2018 EXECUTIVE SUMMARY Recommendation to authorize staff to advertise an amendment to Ordinance No. 2002-63, as amended, which established and implements the Conservation Collier Program. OBJECTIVE: To obtain Board authorization to advertise a proposed amendment to the Conservation Collier Ordinance, No. 2002-63. 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. This ordinance has been amended four (4) times, starting in 2007. The following are the amendments, the dates, and their purposes: Ordinance 2007-65 - Made some minor clarification edits, further defined the structure of the AAL, and tweaked acquisition procedures to conform to sunshine laws. Approved October 23, 2007 (Agenda Item #17D). Ordinance 2011-12 - 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 to the Land Management Trust Fund. Approved March 8, 2011 (Agenda Item #16E5). Ordinance 2014-18 - Modified the role of the Conservation Collier Land Acquisition Advisory Committee to review and make recommendation on the management and programs when not in an active acquisition phase. Approved May 27, 2014 (Agenda Item #17C). Ordinance 2015-16 - Modified the number of members of the Land Acquisition Advisory Committee from nine (9) to seven (7) members and modified quorum requirements when not in an active acquisition phase. Approved February 10, 2015 (Agenda Item #17E). On April 24, 2018, at the regular meeting of the Board (Agenda Item #11B), staff was directed by the Board to bring forward additional proposed ordinance changes at the July 10, 2018 Board Meeting. After review in subcommittee on May 14, 2018, the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) met on June 11, 2018 and voted upon their changes. These changes were brought forward at the July 10, 2018 Board Meeting (Agenda Item #11C), but the Board decided to delay making changes at that time, requesting the ordinance be brought back again in the fall. The subcommittee reconvened on October 4, 2018. Commissioner McDaniel attended and proposed changes. Revised recommendations were brought forward to the full CCLAAC December 3, 2018. The CCLACC voted to recommend the following: Page 1 Whereas Clause - Remove historical whereas as it was determined not to be needed. Page 2 Whereas Clause - Remove language limiting the uses of, and all investment earnings on, such levies to such purposes. Page 2 Whereas Clause - The suggested change removed language indicating that ad valorem levies are the sole funding sources and added language that funding source would be determined by Collier County. Page 3, Section 4.8 - Proposed change allows for the option of having a qualified 3rd party entity evaluate lands proposed for acquisition instead of having staff do this exclusively. Page 4, Section 4.12 - Slight language change but CCLAAC voted to keep the original meaning. The addition of “Florida Communities Trust” was made to include the primary source for land acquisition grants. Page 5, Section 5.10 - Adds a definition for “Urban Areas” tying the meaning to the Future Land Use Map. Page 6, Section 6.1.e. - Changes the split for funds for acquisition/maintenance from 85%/15% to 75%/25%, removes “ad valorem” as the sole source for those funds and adds a 11.C Packet Pg. 616 12/11/2018 requirement that the Board evaluates this percentage annually. Page 6, Section 6.3.d. - Removes the expressed authority to use Program funds to conduct studies and analyses of County Conservation land needs and ways of meeting those needs. Page 8, Section 7.2.a. - Changes the split for land management funds going from 15% to 25% and changes the term “ad valorem” to “revenues” regarding possible funding sources for the land management trust. Page 9, Section 7.3 - Adds requirement for disbursements from the Land Management Trust Fund to be approved by the Board of County Commissioners. This change assumes that operational expenditures approved through the budget and amenity expenditures approved as a part of Land Management Plans do not need additional and individual Board approvals, but disbursements outside of these normal program operations would. Page 11, Section 9.1 - This language change identifies that acquisition priority can be given to urban areas, but it is not limited to urban areas. Page 12, Section 3, 8th line - the word “first” was removed. Page 12, Section 3.a - Deleted “on the Future Land Use Map of the Collier County Growth Management Plan,” but keeps the rest. Page 13, Section 11.1. - Retain as is, remove suggested “in the Urban Area.” Page 15, Section 12.6 - add “if the program is in a buying cycle” to take away the need to solicit proposals unless we are in a buying cycle. Page 15, Section 13.3, Lines 1 and 2 - added language allows for a qualified 3rd party entity to evaluate Conservation Collier proposals. Page 15, Section 13.3, Lines 7 and 8 - Language additions for 3rd party entity to prepare Initial Criteria Screening Reports. Page 16, Section 13.4, Line 1 - Corrects acronym. Page 16, Section 13.4, Line 2 - Language addition to identify that staff will present screening reports to CCLAAC, not the 3rd party. Page 18, Section 14.7 - Keeps language that extinguishes development rights but deletes language allowing for the restoration of property rights in the event of a property trade. This deletion affects the multi-parcel projects primarily as this language was added in 2007 to have the ability to consolidate parcels via trade if acquisition of the entire area ultimately fails. It was noted during discussion regarding the possibility of banking of development rights that County Projects do not routinely use credits and TDRs to build, and that any change regarding TDRs and Credits may also require changes to the Land Development Code and possibly even the Growth Management Plan as currently, there is no provision for government entities to bank development rights. There was also discussion regarding paragraphs b, c and d within Section 3 (pages 12 and 13 of the ordinance). But the CCLAAC voted to retain the language “as is” in each instance. Also, the CCLAAC Members voted 8/1 to keep language in requiring a public referendum for modification of the Program’s goals and primary criteria (Page 10, Section 8.6.b), with the recognition that the Board has authorization to make changes to ordinances as they see fit. FISCAL IMPACT: The cost to advertise is approximately $400. 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 11.C Packet Pg. 617 12/11/2018 RECOMMENDATION: To authorize staff to advertise an amendment to Ordinance No. 2002-63, as amended. Prepared By: Alexandra Sulecki, Principal Environmental Specialist, Parks and Recreation Division ATTACHMENT(S) 1. Ordinance CAO Approved (PDF) 2. Conservation Collier Proposed Ordinance Changes (PPTX) 11.C Packet Pg. 618 12/11/2018 COLLIER COUNTY Board of County Commissioners Item Number: 11.C Doc ID: 7405 Item Summary: Recommendation to authorize staff to advertise an amendment to Ordinance No. 2002-63, as amended, which established and implements the Conservation Collier Progr am. (Alexandra Sulecki, Principal Environmental Specialist, Parks and Recreation Division) Meeting Date: 12/11/2018 Prepared by: Title: – Public Services Department Name: Todd Henry 11/20/2018 3:49 PM Submitted by: Title: Department Head - Public Services – Public Services Department Name: Steve Carnell 11/20/2018 3:49 PM Approved By: Review: Public Services Department Kimberley Grant Level 1 Reviewer Completed 12/04/2018 4:32 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 12/04/2018 4:35 PM Parks & Recreation Barry Williams Additional Reviewer Completed 12/04/2018 5:13 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 12/05/2018 8:19 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 12/05/2018 2:14 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/05/2018 3:01 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/05/2018 3:01 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 12/05/2018 3:04 PM County Attorney's Office MaryJo Brock CAO Preview Skipped 12/05/2018 3:11 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 12/05/2018 4:16 PM Board of County Commissioners MaryJo Brock Meeting Pending 12/11/2018 9:00 AM 11.C Packet Pg. 619 11.C.1Packet Pg. 620Attachment: Ordinance CAO Approved (7405 : Conservation Collier Ordinance Amendment) 11.C.1Packet Pg. 621Attachment: Ordinance CAO Approved (7405 : Conservation Collier Ordinance Amendment) 11.C.1Packet Pg. 622Attachment: Ordinance CAO Approved (7405 : Conservation Collier Ordinance Amendment) 11.C.1Packet Pg. 623Attachment: Ordinance CAO Approved (7405 : Conservation Collier Ordinance Amendment) 11.C.1Packet Pg. 624Attachment: Ordinance CAO Approved (7405 : Conservation Collier Ordinance Amendment) 11.C.1Packet Pg. 625Attachment: Ordinance CAO Approved (7405 : Conservation Collier Ordinance Amendment) 11.C.1Packet Pg. 626Attachment: Ordinance CAO Approved (7405 : Conservation Collier Ordinance Amendment) 11.C.1Packet Pg. 627Attachment: Ordinance CAO Approved (7405 : Conservation Collier Ordinance Amendment) 11.C.1Packet Pg. 628Attachment: Ordinance CAO Approved (7405 : Conservation Collier Ordinance Amendment) 11.C.1Packet Pg. 629Attachment: Ordinance CAO Approved (7405 : Conservation Collier Ordinance Amendment) 11.C.1Packet Pg. 630Attachment: Ordinance CAO Approved (7405 : Conservation Collier Ordinance Amendment) 11.C.1Packet Pg. 631Attachment: Ordinance CAO Approved (7405 : Conservation Collier Ordinance Amendment) 11.C.1Packet Pg. 632Attachment: Ordinance CAO Approved (7405 : Conservation Collier Ordinance Amendment) 11.C.1Packet Pg. 633Attachment: Ordinance CAO Approved (7405 : Conservation Collier Ordinance Amendment) 11.C.1Packet Pg. 634Attachment: Ordinance CAO Approved (7405 : Conservation Collier Ordinance Amendment) 11.C.1Packet Pg. 635Attachment: Ordinance CAO Approved (7405 : Conservation Collier Ordinance Amendment) 11.C.1Packet Pg. 636Attachment: Ordinance CAO Approved (7405 : Conservation Collier Ordinance Amendment) 11.C.1Packet Pg. 637Attachment: Ordinance CAO Approved (7405 : Conservation Collier Ordinance Amendment) 11.C.1Packet Pg. 638Attachment: Ordinance CAO Approved (7405 : Conservation Collier Ordinance Amendment) Conservation Collier Proposed Ordinance Changes DECEMBER 11,2018 BOARD MEETING 11.C.2 Packet Pg. 639 Attachment: Conservation Collier Proposed Ordinance Changes (7405 : Conservation Collier Ordinance Proposed Changes u Page 1 Whereas Clause –Remove historical whereas as it was determined not to be needed. u Page 2 Whereas Clause –Remove language limiting the uses of,and all investment earnings on,such levies to such purposes. u Page 2 whereas Clause -The suggested change removed language indicating that ad valorem levies are the sole funding sources and added language that funding source would be determined by Collier County. u Page 3,Section 4.8 –Proposed change allows a qualified 3rd party entity to evaluate lands proposed for acquisition instead of having staff do this exclusively. 11.C.2 Packet Pg. 640 Attachment: Conservation Collier Proposed Ordinance Changes (7405 : Conservation Collier Ordinance u Page 4,Section 4.12 –Slight language change but CCLAAC voted to keep the original meaning. The addition of “Florida Communities Trust” was made to include the primary source for land acquisition grants. u Page 5,Section 5.10 –Adds a definition for “Urban Areas” tying the meaning to the Future Land Use Map. u Page 6,Section 6.1.e. –Changes the split for funds going to acquisition from 85% to 75% and removes “ad valorem” as the sole source for those funds. u Page 7,Section 6.3.d. –Removes the inherent ability for staff to use Program funds to conduct studies and analyses of County Conservation land needs and ways of meeting those needs. u Page 8,Section 7.2.a. –Changes the split for land management funds going from 15% to 25% and removes “ad valorem” as the sole source for those funds. 11.C.2 Packet Pg. 641 Attachment: Conservation Collier Proposed Ordinance Changes (7405 : Conservation Collier Ordinance u Page 9, Section 7.3 –Ads requirement for disbursements from the Land Management Trust Fund to be approved by the Board of County Commissioners. u Page 10, Section 8.6.b. -CCLAAC Members voted 8/1 to keep language in requiring a public referendum for modification of the Program’s goals and primary criteria. u Page 11, Section 9.1 –This language change identifies that acquisition priority can be given to urban areas, but it is not limited to urban areas. u Page 12, Section 3, 8th line –the word “first” was removed. u Page 12, Section 3.a –Deleted “on the Future Land Use Map of the Collier County Growth Management Plan,” but keeps the rest. u Page 12, Section 3.b. –no changes recommended by CCLAAC –keep as is. u Page 13, Section 3.c. –Retain as is. u Page 13, Section 3.d. –Retain as is. u Page 13, Section 11.1. –Retain as is, remove suggested “in the Urban Area.” 11.C.2 Packet Pg. 642 Attachment: Conservation Collier Proposed Ordinance Changes (7405 : Conservation Collier Ordinance u Page 15,Section 12.6 –add “if the program is in a buying cycle” to take away the need to solicit proposals unless we are in a buying cycle. u Page 15,Section 13.3,Lines 1 and 2 –added language allows for a qualified 3rd party entity to evaluate Conservation collier proposals. u Page 15,Section 13.3,Lines 7 and 8 –Language additions for 3rd party entity to prepare Initial Criteria Screening Reports. u Page 16,Section 13.4,Line 1 –Corrects acronym. u Page 16,Section 13.4,Line 2 –Language addition to identify that staff will present screening reports to CCLAAC,not the 3rd party. u Page 18,Section 14.7 –keeps language that extinguishes development rights but deletes language allowing for the restoration of property rights in the event of a property trade. This deletion affects the multi-parcel projects primarily where this language was added in 2007 to have the ability to consolidate parcels via trade if acquisition of the entire area ultimately fails. 11.C.2 Packet Pg. 643 Attachment: Conservation Collier Proposed Ordinance Changes (7405 : Conservation Collier Ordinance Questions? 11.C.2 Packet Pg. 644 Attachment: Conservation Collier Proposed Ordinance Changes (7405 : Conservation Collier Ordinance