Agenda 02/26/2019 Item #17C Proposed Agenda Changes
Board of County Commissioners Meeting
February 26,2019
Item 6A rescheduled to March 26,2019: Public petition from Tom Despard to propose
measures to improve sound dampening in new multifamily dwellings(not more than three
stories in height) built in Collier County. (Petitioner's request)
Move Item 17C to Item 9C: Recommendation to adopt an ordinance amending ordinance
No.2002-63,which established the Conservation Collier Program. (Commissioner Saunders'
request)
Add-On Item 10B: Recommendation to waive any failure to meet any contract deliverable,
and to authorize payment of outstanding pay requests for Economic Incubators,Inc.totaling
$87,897.65,and to provide direction on future contract deliverables. (Commissioner
Saunders' request)
Move Item 16A11 to Item 11E: Recommendation to award an Agreement for Invitation
to Bid No. 19-7511,"Davis Boulevard Landscape Maintenance"to Florida Land Maintenance,
Inc. d/b/a Commercial Land Maintenance. (Commissioner McDaniel's request)
Move Item 16K4 to Item 12A: Recommendation to direct the Hearing Examiner to hear the
appeal filed by London of Naples,Inc.of the administrative denial of the Insubstantial Site Plan
Amendment SDPI-PL20180002049 for Gateway formerly known as Trio. The subject property
consisting of 1.98± acres is in the General Commercial(C-4)zoning district within the Mixed Use
Subdistrict of the Gateway Triangle Mixed Use Overlay at the eastern corner of the intersection
of Davis Boulevard and Tamiami Trail East in Section 11,Township 50 South and Range 25 East,
in Collier County,Florida. [PL20190000305] (Commissioner Fiala and Commissioner
McDaniel's separate requests)
Move Item 16B1 to Item 14B1: Recommendation that the Board,acting as the
Community Redevelopment Agency Board (CRAB),approve an Access Easement over property
owned by the Community Redevelopment Agency in the Gateway Triangle Mixed Use District
Overlay. (Commissioner McDaniel's request)
Time Certain Items:
Item 13A to be heard immediately following Item 7-Public Comments
Item 10B to be heard immediately following Item 13A
Item 9B to be heard immediately following Item 11A
2/26/2019 4:14 PM
02/26/2019
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance amending ordinance No. 2002-63, which established the
Conservation Collier Program.
OBJECTIVE: To request that the Board of County Commissioners (Board) adopt an ordinance to amend
the Conservation Collier Ordinance, No. 2002-63, as amended.
CONSIDERATIONS: On December 3, 2002, the 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 proposed Ordinance carries forward all amendments which
will be further amended by the proposed Ordinance.
On April 24, 2018, at the regular Board meeting (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 defer making changes at
that time, requesting the ordinance be brought back again in the fall. The CCLAAC subcommittee
reconvened on October 4, 2018. Commissioner McDaniel attended and proposed changes. Revised
recommendations were brought forward to the CCLAAC December 3, 2018, which recommended the
following:
• Page 1 Whereas Clause - Remove historical whereas as it was determined not to be needed.
This clause continues to be part of the legislative history. It is just not applicable to the
amendment.
• Page 2 Whereas Clause - Remove language limiting the uses of, and all investment earnings
on, such levies to such purposes. This clause continues to be part of the le gislative history. It
is just not applicable to the amendment.
• 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. This clause continues to be part of the legislative history. It is
just not applicable to the amendment.
• Page 3, Section 4.8 - Proposed change allows a qualified third-party entity to evaluate lands
proposed for acquisition instead of having staff do this exclusively upon recommendation by
staff or the Board.
• Page 4, Section 4.12 - Slight language change to clarify that the other programs to be
cooperated with are within County’s Area. The CCLAAC voted to keep the original meaning.
The addition of “Florida Communities Trust” to the list of programs 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 going to acquisition from 85% to 75% and
removes “ad valorem” as the sole source for those funds. Also adds language that requires
percentage to be reviewed annually by the Board.
• 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. This provision was determined to be unnecessary because expenditures for studies and
analyses require Board approval and the Board has the discretion to disapprove if the cost is
too high without a cap.
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• 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.
• 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 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, with the recognition
that the Board has authorization to make changes to ordinances as they see fit. There are no
strikethroughs or underlines in this section.
• Page 11-12, 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 13, Section 10.3, 12th line - the word “first” was removed.
• Page 13, Section 10.3.a - Deleted “on the Future Land Use Map of the Collier County Growth
Management Plan,” because it is now redundant with the additional of the definition of Urban
Area.
• Page 14, 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
requirement to solicit proposals at the Annual Meeting unless we are in a buying cycle.
• Page 16, Section 13.3, Lines 2 and 3 - added language allows for a qualified 3rd party entity
to evaluate Conservation Collier proposals.
• Page 16, Section 13.3 - Language additions for 3rd party entity to prepare Initial Criteria
Screening Reports. Further revision made during January 14, 2019 CCLAAC meeting as it
was noted that the revision had been made incorrectly.
• Page 16, Section 13.4, Line 1 - Corrects acronym from ISCR to ICSR which stands for Initial
Criteria Screening Report.
• Page 16, Section 13.4, Line 2 - Language addition to identify that staff will present screening
reports to CCLAAC, not the 3rd party.
• Page 18-19, 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.
On December 11, 2018, the Board approved the first reading of the proposed changes to the ordinance.
On January 8, 2019 (Agenda Item #9B), the Board recommended having the CCLAAC review the
ordinance further, make recommendations, and bring the recommendations back to the Board. At their
January 14, 2019 meeting, the CCLAAC voted unanimously to recommend the ordinance revisions listed
below, in addition to their previously recommended ordinance revisions listed above:
• Page 9, Section 8.2 - Removes the requirement for the CCLAAC membership to drop
to 7 members when active acquisition phases are not in place.
• Page 15, Section 13.3 - Clarifies original intent of proposed revision to allow for
either staff or a qualified 3rd party entity to evaluate Conservation Collier proposals.
In addition, some further clean up revisions were made as it was brought to staff’s attention during the
January 14 CCLAAC meeting that some verbiage had not been carried forward from one of the
amendments. This was discussed during the CCLAAC meeting and further revisions were made to add
back in those provisions and revise as necessary.
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On February 12, 2019. Agenda Item #11A, the Board authorized staff to advertise the Ordinance
revisions. During discussion of the item, the Board voted unanimously to revise language in a Whereas
Clause to add back in recognition of the ad valorem funding source; this revision has been made. With
that unanimous vote, Board did not approve the Conservation Collier Purchasing Policy Resolution that
was presented with the ordinance.
FISCAL IMPACT: The cost to advertise the ordinance is approximately $500.
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 adopt an Ordinance to amend Ordinance No. 2002-63, which established
the Conservation Collier Program.
Prepared By: Summer Araque, Principal Environmental Specialist, Parks and Recreation Division
ATTACHMENT(S)
1. Conservation Collier Ordinance 2.12.19 (PDF)
2. Legal Ad - Agenda ID 8027 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.C
Doc ID: 8027
Item Summary: Recommendation to adopt an ordinance amending ordinance No. 2002-63, which
established the Conservation Collier Program.
Meeting Date: 02/26/2019
Prepared by:
Title: Operations Analyst – Parks & Recreation
Name: Matthew Catoe
02/12/2019 3:33 PM
Submitted by:
Title: Division Director - Parks & Recreation – Parks & Recreation
Name: Barry Williams
02/12/2019 3:33 PM
Approved By:
Review:
Parks & Recreation Ilonka Washburn Additional Reviewer Completed 02/12/2019 3:44 PM
Parks & Recreation Barry Williams Additional Reviewer Completed 02/13/2019 4:09 PM
Public Services Department Kimberley Grant Level 1 Reviewer Completed 02/14/2019 1:16 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 02/14/2019 1:46 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 02/14/2019 2:44 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/19/2019 1:22 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/19/2019 1:50 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/19/2019 3:40 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 02/20/2019 10:50 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/20/2019 11:49 AM
Board of County Commissioners MaryJo Brock Meeting Pending 02/26/2019 9:00 AM
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17.C.1Packet Pg. 1388Attachment: Conservation Collier Ordinance 2.12.19 (8027 : Ordinance to amend the Conservation Collier Ordinance, No. 2002-63)
17.C.1Packet Pg. 1389Attachment: Conservation Collier Ordinance 2.12.19 (8027 : Ordinance to amend the Conservation Collier Ordinance, No. 2002-63)
17.C.1Packet Pg. 1390Attachment: Conservation Collier Ordinance 2.12.19 (8027 : Ordinance to amend the Conservation Collier Ordinance, No. 2002-63)
17.C.1Packet Pg. 1391Attachment: Conservation Collier Ordinance 2.12.19 (8027 : Ordinance to amend the Conservation Collier Ordinance, No. 2002-63)
17.C.1Packet Pg. 1392Attachment: Conservation Collier Ordinance 2.12.19 (8027 : Ordinance to amend the Conservation Collier Ordinance, No. 2002-63)
17.C.1Packet Pg. 1393Attachment: Conservation Collier Ordinance 2.12.19 (8027 : Ordinance to amend the Conservation Collier Ordinance, No. 2002-63)
17.C.1Packet Pg. 1394Attachment: Conservation Collier Ordinance 2.12.19 (8027 : Ordinance to amend the Conservation Collier Ordinance, No. 2002-63)
17.C.1Packet Pg. 1395Attachment: Conservation Collier Ordinance 2.12.19 (8027 : Ordinance to amend the Conservation Collier Ordinance, No. 2002-63)
17.C.1Packet Pg. 1396Attachment: Conservation Collier Ordinance 2.12.19 (8027 : Ordinance to amend the Conservation Collier Ordinance, No. 2002-63)
17.C.1Packet Pg. 1397Attachment: Conservation Collier Ordinance 2.12.19 (8027 : Ordinance to amend the Conservation Collier Ordinance, No. 2002-63)
17.C.1Packet Pg. 1398Attachment: Conservation Collier Ordinance 2.12.19 (8027 : Ordinance to amend the Conservation Collier Ordinance, No. 2002-63)
17.C.1Packet Pg. 1399Attachment: Conservation Collier Ordinance 2.12.19 (8027 : Ordinance to amend the Conservation Collier Ordinance, No. 2002-63)
17.C.1Packet Pg. 1400Attachment: Conservation Collier Ordinance 2.12.19 (8027 : Ordinance to amend the Conservation Collier Ordinance, No. 2002-63)
17.C.1Packet Pg. 1401Attachment: Conservation Collier Ordinance 2.12.19 (8027 : Ordinance to amend the Conservation Collier Ordinance, No. 2002-63)
17.C.1Packet Pg. 1402Attachment: Conservation Collier Ordinance 2.12.19 (8027 : Ordinance to amend the Conservation Collier Ordinance, No. 2002-63)
17.C.1Packet Pg. 1403Attachment: Conservation Collier Ordinance 2.12.19 (8027 : Ordinance to amend the Conservation Collier Ordinance, No. 2002-63)
17.C.1Packet Pg. 1404Attachment: Conservation Collier Ordinance 2.12.19 (8027 : Ordinance to amend the Conservation Collier Ordinance, No. 2002-63)
17.C.1Packet Pg. 1405Attachment: Conservation Collier Ordinance 2.12.19 (8027 : Ordinance to amend the Conservation Collier Ordinance, No. 2002-63)
17.C.1Packet Pg. 1406Attachment: Conservation Collier Ordinance 2.12.19 (8027 : Ordinance to amend the Conservation Collier Ordinance, No. 2002-63)
17.C.1Packet Pg. 1407Attachment: Conservation Collier Ordinance 2.12.19 (8027 : Ordinance to amend the Conservation Collier Ordinance, No. 2002-63)
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Packet Pg. 1408 Attachment: Legal Ad - Agenda ID 8027 (8027 : Ordinance to amend the Conservation Collier Ordinance, No. 2002-63)