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CCLAAC Minutes 04/08/2013 2013 Conservation Collier Land Acquisition Advisory Board Minutes April 8 , 2013 April 8.2013 MINUTES OF THE MEETING OF THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Naples, Florida, April 8, 2013 LET IT BE REMEMBERED, the Conservation Collier Land Acquisition Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION at Administrative Building "F", 3 ' Floor, Collier County Government Complex Naples, Florida with the following members present: CHAIRMAN: Bill Poteet VICE CHAIRMAN: Tony Pires Jeffrey Curl Jeremy Sterk Lauren Gibson Tracy Devvrell Todd Allen (Excused) ALSO PRESENT: Alexandra Sulecki, Conservation Collier Coordinator, Program Manager Jeff Wright, Assistant County Attorney 'Melissa Hennig, Sr. Environmental Specialist April 8,208 L Roll Call Chairman Poteet called the meeting to order at 9:12AM. Roll call was taken and a quorum was not established until 10:05um. I)iscussion was held on items V.E and V.G until a quorum was established. V. New Business E. Camp Keais Strand Ms. Sulecki submitted the Executive Summary"Discussion of��x�umm'(lonoK�u/x�homd of of Camp Parcels"dated 4/8/13 for consideration. She noted: • The 6 parcels comprising 32.5 acres had been previously placed on the Program's"B-List" for acquisition. • Exploratory discussions have arisen on the feasibility of donating the parcels to the Conservancy of Southwest Florida. • The Program allows for the donation of parcels with a"reverter clause"requiring the property remain in conservation. • There is no legal, pedestrian or vehicular access to the property and a survey is required to determine the exact boundaries of the parcels. • There is currently no Land Management Plan. One option is to prepare an interim Management Plan that provides for"no management"and staff could revisit any changes in circumstance and update every 2 years. Speaker Marissa Polgar,Conservancy of Southwest Florida addressed the Committee reporting the organization is interested in acquiring the parcels via donation and would be responsible for any fees associated with the transfer of title. If they are acquired,the intent would be to allow the parcels to remain as conservation land. Under Committee discussion the following was noted: • The proposal would need to meet any statutory requirements given the land was acquired by County government and would be donated to an outside organization. • There are no funds allocated in the budget for management. • A concern the property was purchased with taxpayer funds and it may not be prudent to donate it to an outside organization. Jeff Wright, Assistant County Attorney reported if such an action was considered, it would be proper to offer the parcels for acquisition to all applicable groups through a pre arranged format established by the County. No action was taken on the item following establishment of a quorum. G. °MikwD*mmdwn 'Propwual—Tmmummy Pointe Discussion: 9:25am— 10:05um Ms.Sulecki provided the Conservation Collier initial Screening Criteria Report Offite Preserve Donation"for Tuscany Pointe for consideration. She noted the applicants have offered to purchase the parcel and donate it to the Program through the Land Development Code off site preservation policy established by the County. In order for the parcel to be considered for April 8`20l3 acquisition,2 of the 6 Initial Screeni Criteria mus be met. She provided {8CROuitia| Screening Criteria highlighting the following: • The 6 criteria include items such as Ecological,Human Values, Vulnerability to I)evelopment, Feasibility and Cost of Management,etc. • The project io located in Horsepen Strand, in close proximity to Panther Walk Preserve. • It meets 5 of the 6 criteria required to be considered for acquisition. • It has an overall Florida Fish and Wildlife Conservation Commission Integrated Wildlife Habitat Resource Score of 8 out of 10. • The applicant would be providing funds of$16,683 for management of the parcel. • The parcel has an overall ICSR score of 244 out of 400. • Theouquiahionwou|dpoosib(yinitiatcunod/ccnnu|dpuncelp ject given the parcel is in close proximity to Panther Walk Preserve and staff noted it may be more advantageous to complete the other multi parcel projects before initiating a new one. Mr. Pires expressed concern the County is not privy to the purchase price of the property. The concept may provide an avenue whereby the acquisition price of a property may be greater than market value given the ofTsite benefit derived by the party from the commercial or residential development of their property. In the future,this may unrealistically inflate the value of these types of lands unnecessarily increasing costs to the taxpayers in acquiring similar lands. Speakers Robert Mulhere,representing Tuscany Pointe reported the acquisition price is near"market value." The applicant actively pursued all opportunities for acquisition within the County with the purpose of ensuring they don't"overpay"for a property. The parcel does meet S of the 6 criteria required for consideration of acquisition. Marco Espinar, representing Tuscany Pointe noted the Panther Walk Management Plan cites increasing efforts to acquire parcels in the vicinity and the Ordinance governing the program allows for establishing multi parcel projects. In regards to the marketplace, there is an existing practice of speculators purchasing properties when they believe there is a future market for conservation acquisitions, with some of these parcels still offered above fair market value. The area has been identified by the Collier County Watershed Management Plan as a priority area. Mrs. Gibson arrived atY0:05am„m quorum was established. Mr. Curt noted the activity is private enterprise at work and it would not be prudent to interfere with the marketplace given the County established this opportunity for private parties. Speaker Nancy Payton,Florida Wildlife Federation stated the County should not be resistant to the opportunity and should focus on the ecological and conservation aspects of the policy, not the economic market place created for the acquisition of properties. Mr. Curl moved to recommend the Board of county Commissioner.c acquire the parcel via the established donation policy. Second by Mr.Dewrell. Carried unanimously 5—0. April 8, 2013 The Chairman returned to Agenda item II. H. Approval of Agenda Chairman Poled moved to approve the Agenda. Second by Mr. Dewrell. Carried unanimously S— 0. III. Approval of February 11,2013 minutes Mr. Curl moved to approve the minutes of the February 11,2013 meeting subject to the following change: • Paragraph 5, bullet point#2—from "...Opinion of probably Costs 2011"to"...Opinion of Probable Costs—2011" Second by Mr. Pires. Carried unanimously S—O. IV. Old Business A. Real Property Management Update Alex Sulecki,Conservation Collier Coordinator reported the Kania parcel proposed for acquisition via donation will be considered by the Board of County Commissioners on April 9,2013. B. Gordon River Greenway Project Update Ms. Sulecki submitted the"Gordon River Greenway Project Update as 3/21/13"for information purposes. V. New Business (Continued) A. CCLAAC Applications Ms. Sulecki reported there are currently 2 vacancies on the Committee. She submitted the applications of Clarence Tears,Jr. and John H.Burton for consideration. Mr. .Pires moved to recommend the Board of County Commissioners appoint Clarence Tears, Jr. and John H.Burton to the Conservation Collier Land Acquisition Committee. Second by Mr. Dewrell. Carried unanimously S—0. B. City of Marco Island Interlocal Agreement—Otter Mound Management Partnership Ms. Solecki submitted the Executive Summary "City of Marco Island Interlocal Agreement" dated 4/8/13 for consideration. She noted the agreement is up for renewal as it expired in 2011 with the City of Marco Island continuing to honor it. Mr.Pires moved to recommend the Board of'County Commissioners approve the "Interlocal Agreement Otter Mound Preserve" Second by Mr. Curl. Carried unanimously S—0. C. Winchester Head IMP Revised Ms. Sulecki submitted the Executive Summary "Recommendation to Extend the Interim Management Plan for Winchester[lead"dated 4/8/13 for consideration. She noted on 2/13/13, the Lands Evaluation and Management Subcommittee recommended the proposed plan be approved. 4 April 8,2013 Mr. Curl moved to recommend the Board of County Commissioners adopt the Conservation Collier Winchester Head Updated Interim Management Plan dated March 2013. Second by Mr. Fires. Carried unanimously 5—0. D. NGGE Unit 53 (Red Maple Swamp) IMP Revised Ms. Sulecki submitted the Executive Summary "Recommendation to Extend the Interim Management Plan for Red Maple Swamp Preserve"dated 4/8/13 for consideration. She noted on 2/13/13,the Lands Evaluation and Management Subcommittee recommended the proposed plan be approved. Mr. Dewrell moved to recommend the Board of County Commissioners adopt the Conservation Collier Red Maple Swamp Preserve Updated Interim Management Plan dated February 2013. Second by Mr. Curl. Carried unanimously 5—O. F. Apiaries on Preserves Ms.Hennig submitted a Memorandum to the Committee dated February 12,2013 - Subject:Apiary leases on appropriate Conservation Collier Preserve Lands for consideration. Mr. Pires moved to allow the establishment of apiaries on Pepper Ranch and Caracara Prairie Preserve. Second by Ms. Gibson. Carried unanimously 5—O. H. CCLAAC Sunset Ms. Sulecki submitted the Executive Summary "Conservation Collier Land Acquisition Committee Sunset"dated 4/8/13 for consideration: She noted: • The Ordinance governing the CLAAC specifies requirements for sunsetting the Committee including"At such time as there are insufficient uncommitted funds in the Conservation Collier Acquisition Trust Fund to conclude another acquisition and all acquisition projects have been closed the Land Acquisition Advisory Committee shall report to the County Commission that its business is concluded and all remaining Conservation Collier Acquisition Trust Fund monies shall then he transferred to the Conservation Collier Management Trust Fund. • Although there are no funds available for acquisition, it is recognized the Committee is interested in the County acquiring the 7.5 acre CDC Investment Group parcel adjacent to the Gordon River Greenway project if funds are available. • Staff recommends holding quarterly meetings until a final determination is made regarding the CDC parcel, and sunsetting the Committee by January 2014. • Sunsetting the Committee would allow Staff more time to focus on the day to day activities required to manage the existing preserves. Mr. Fires expressed concern the action is premature given the possibility of obtaining parcels through donation in the future. Chairman Poteet reported it would be prudent for the taxpayers of Collier County to provide input on the Program's future before making a decision. Mr. Curl added there are future capital improvements to be constructed in the preserves and the Committee and members of the public could provide valuable guidance on these expenditures. 5 April 0,2V|3 Members recommended the CLAAC sponsor a community meeting so public input may be garnered to assist in making a determ ination on the future of the Program and related activities of the Committee. Speaker Nancy Payton,Florida Wildlife Federation stated although acquisition funds may not be available, it may be prudent for the CLAAC to establish a new role for assisting in management decisions for the properties. In addition,a determination will he required on the fate of the ¼mu ad valorem tax revenue if the CLA.AC disbands and properties are no longer acquired by the County. The Committee determined the Ordinance Policy and Rules Subcommittee should review the recommendation and determine the format for any public forum. Mr.Fires moved for the committee to sponsor afrrum on the issue with the Ordinance,Rules and Policy to determine the�r�u���r�ecw����������a Second by Mr. Curl. Carried �� meeting. Speaker Marco Espinar reported the I.and Development Code requirements for donation of parcels cites the Conservation Collier as the local instrument for the donations. Motion carried unanimously 5—0. VI. Coordinator Communications Ms. Sulecki reported: • Senate Bill 584 requiring State and or local agencies to offer for"an equal amount of public property not being held in conservation is returned or sold at fair market value to the private sector" is no longer under consideration. Staff will continue to monitor any changes in status. • House Bill 743 and its impacts on hydrofracking is being monitored by Staff for any impacts on preserve lands within the Program. • BCC items—2/12/13 Eagle Scout Recognition, Preserve Fee Schedule approved; 2/26/13 Melissa Hennig recognized as employee of the month. • 4/20/13 —Geo Cache event at Caracara Prairie Preserve. • 3/15/13 —CuruuuzmprairiopneuorveRLibhonCuttiugCorcmnonyhc|d. VII. Sub-Committee Meeting Reports A. Outreach—Tony Pires,Chair None B. Lands Evaluation and Mmmagmn'mnt—jenemmy Sterk,Chair Ms. Gibson reported a meeting was held on 3/25/13 where the Camp Keais Strand parcel and Interim Management Plans were discussed. C. Ordinance Policy and Procedures—Bill Poteet,Chair None 6 April 8.20|3 VIII- Chair Committee Member Comments Mr. Curl recommended engaging outside consultants to assist Staff in p of environmental reports such as the Initial Criteria Screening Reports,etc.to allow Staff more time to tbcus on management activities. Chairman Poteet recommended the concept be reviewed by the Ordinance, Policy and Rules Subcommittee. IX. Public General Comments Nancy Payton,florida Wildlife Federation recommended if the Camp Keais Strand parcels are offered to outside parties for acquisition,the requirements include a minimum financial contribution by the party acquiring the parcels. Marco Espinar recommended, in relation to Mr. Curl's comments on engaging outside consultants, it may be prudent for proponent of donated parcels be responsible for preparing the 1SCR's. X. Staff Comments None There being no further business for the good of the County,the meeting was adjourned by order of the chair at 11:16A.M. Conservation Collier Land Acquisition Advisory Committee --_ /2 �� Bill Poteet,Cbai �� These minutes approyed by the Board/Committee on ' ������ v oxproucnted �� or as amended 7