Agenda 05/13/2002 WBCC WORKSHOP AGENDA:
Monday, May 13, 2002
2 to 5 pm
VoteCo n s e rvatio n 2002
1. Introduction of Coalition Members and Purpose of Initiative
2. Summary of Draft Ordinance
3. Citizens Advisory Committee
4. Possible Acquisition Lands
$. The Nature Conservancy Research Results
6. Revenue Options
7. Preparation of Ballot Language and Timeline
VOTE CONSERVATXON 2002 TALK. TNG pO.TNT$
WHO ARE WE?
· Vote Conservation 2002 is a grassroots organization made up of all the major
environmental groups in the area (Audubon of Florida, Collier Audubon Society, The
Conservancy, Florida Wildlife Federation, CREW Trust, The Nature Conservancy, as well as
civic and business groups such as The League of Women voters and the Collier Building
Tndustry Association, and most importantly, citizens just like you.
WHAT ZS THZS REFERENDUM ALL ABOUT?
· On November 5, the voters of Collier County have the opportunity to tell their
commissioners that they want to preserve the character and quality of life of Collier
County.
· Voters will have the opportunity to approve a property tax increase of $10-25/year per
$100,000 of taxable value for up to 10 years. This will fund a bond issue for the purchase
of environmentally valuable land that could otherwise be lost.
· This would add less than the cost of a monthly fast food lunch to the average
homeowner's tax bill.
· The program is voluntary. Land will only be purchased from willing sellers.
WHY VOTE YES? A NUMBER OF GOOD REASONS.
1. Will this help control growth ? What about traffic? Will your children and
grandchildren inherit a Collier County of abundant natural beauty or a county that
mimics the overdeveloped areas along Florida's East Coast?
· Collier County was the second fastest growing area in the nation through the 1990's.
· According to the U.S. Census Bureau, the number of Americans turning 65 will climb until
the late 2020's when there will be over 4 million a year turning 65. Demand for retirement
homes is going to grow at an even faster rate.
· Although we can't stop growth we can direct and shape it. We can focus growth in areas
where it will do the least harm. We can concentrate development to minimize urban
sprawl and lessen traffic problems.
· The land to be purchased may otherwise be developed. We can balance development with
green space.
· We must pay for it. The rights of private land owners are important.
· The time is now. There is still land available, but at our current rate of growth, it
becomes more limited and more expensive each year.
·
2. How will purchasing land maintain the supply and quality of water necessary for
human use and the natural environment?
· Preserving land makes more sense than providing additional, expensive hi-tech water
management solutions and purification processes such as aquifer storage and recovery
and desalination. Natural land provides flood protection and natural water purification and
groundwater recharge.
· In April of 2002, The South Florida Water Management District stated, "the traditional
source of water for urban water needs, the surficial and intermediate aquifer systems, has
limited potential for expansion .... The most prolific aquifer in Collier County, the lower
Tamiami, is endangered by saltwater intrusion and is frequently in water shortage
declarations."
CF -draft 6 5/1/2002 1/4
3. Will our unique Florida wildlife, such as the Florida panther~ persist? Will the
county's unique ecological systems survive?
· There are already 68 endangered and threatened species (on the road to extinction) in
the Everglades.
· We have already lost the Florida coastal scrub ecosystem.
· We may lose the panther if we don't save critical panther habitat, The Florida panther is
one of the most endangered animals on earth with only 80 -100 panthers believed to
remain in the wild.
· The U.S. Environmental Protection Agency recently reported that the most impacted
coastal waters include the Gulf of Mexico, partially due to loss of wetlands and
overdevelopment.
· The purchase of environmentally sensitive lands will save critical habitat and corridors for
our most threatened native species such as the Florida panther, Florida black bear and
woodstork.
4.Save the land? Save on taxes?
· Green space is a great buy: not only do you save the land but you also save on services
that would otherwise have to be provided, such as additional roads, utilities, schools, etc.
· Evidence from other counties indicates that preserving green space saves infrastructure
costs and outweighs lost tax revenue.
· Land around preserved areas becomes more desirable, and therefore more valuable,
further offsetting any tax losses to the county.
5. Look at the good experiences of other counties.
24 counties in Florida have now voted to tax themselves for the purchase of
environmentally sensitive lands or green space.
· Other counties are receiving funds from federal and state programs to match the monies
they have invested in these programs.
Lee County approved a .5 mil tax for 7 years in 1996, despite the opposition of the
Commissioners, the Chamber of Commerce, the real estate community, and the
developers.
o The program is now embraced by most of the groups who originally opposed it.
o Here's what Frank D'Alessandro, the Lee County real estate guru who opposed the
tax in :L996 had to say about it in March 2001 news article
Why isn't the real estate community outraged? One word- SEI~END1~P~TY/an
unforeseen benefit ...
Many...are seeing benefits that neither we nor the proponents of the tax saw
possible ...
Preserved parcels serve as natural amenities to surrounding neighborhoods. Nearby
landowners are seeing property values increase...
]:magine that - landowners, real estate professionals, and wildlife are all benefiting
from one idea ...
CF .draft( 6 5/1/2002 2/4
WHAT LAND WILL BE PURCHASED?
A citizens advisory committee (Lands Acquisition Committee) will oversee the program to
ensure that program goals are realized.
· This committee will identify specific parcels for purchase from willing sellers.
· Specific criteria for purchases are listed in a county ordinance that will go into effect if the
bond program is passed.
· [ncluded in the criteria are rare and endangered habitats, human social values, protection
of water resources, biological values, enhancement of current conservation lands, and
matching fund availability.-
- Land throughout the county, including urban areas, will be targeted for purchase.
WHO
IS THE LAND AC(~UISITION ADVISORY COt4t4ZTTEE?
The Acquisition Committee will be appointed by the Board of County Commissioners and
will be comprised of seven county residents representing all the major stakeholders-
environmental, agricultural, business, educational, government and civic organizations.
HOW
WILL COUNTY-PURCHASED LAND BE USED?
More passive recreational opportunities such as birding, hiking, canoeing will be available
to the public.
Many areas will be used for water recharge, natural water filtration, and flood control.
Use will be appropriate to the protection of the resource.
WHY DO WE NEED t4ORE LAND ZN CONSERVATION WHEN 61.°/o???? OF LAND ZN
COLLIER IS ALREADY PRESERVED?
· Most of the currently preserved land is in Eastern Collier. Much of the targeted land would
be in Western Collier and urban areas where we live and play, and would be much more
accessible to people.
· Numbers can be misleading. Dade County has 70% of its land preserved, an obvious
example that it is not just numbers that matter but where the preserved land is located.
We do not want to end up looking like the East Coast.
WHY DO WE NEED A TAX? WHY CAN'T WE USE PRIVATE t4ONEY? GOVERNMENT
MONEY?
WHY CAN'T WE LEAVE IT UP TO THE MARKET PLACE?
· The program is a good value- potentially every dollar could be matched by state or federal
funds. This has occurred in other counties. In Palm Beach County, $100 million from their
land acquisition program was increased by $63 million from other sources. Collier is
currently losing out on this opportunity.
· Some developers are already recognzing the benefits of balancing development with
green space but not all do. Time is running out. These lands will soon be lost forever.
Collier needs to acquire as much land as possible, at today's prices, before green space
disappears due to increasing development pressure. Next year land will be more
expensive and less will be available.
HOW
DO ! KNOW THIS WON'T BE SPENT ON SOt4ETHZNG ELSE?
This is a dedicated tax that can only be used for the purchase and maintenance of
purchased lands.
CF -draft 6 5/1/2002 3/4
WHAT ABOUT THE REAL ESTATE/ DEVELOPMENT ZNDUSTRY? WON'T THEY SUFFER? · This is a willing seller program.
· Land around preserved lands becomes more desirable, and therefore more valuable.
· ]~n Lee County, most of the interest groups who initially opposed the program now support
it.
CF -draft 6 5/1/2002 4/4
Summary of Draft Collier County Resolution for Conservation Land Initiative
to the Board of County Commissioners
Introduction
The purpose of this draft resolution is to call the Collier Board of County Commission to order
the placement of a question on the November 5th General Election ballot which would establish
an environmentally sensitive lands program and requisite funding source for Collier County. If
passed by the Collier Board of County Commissioners, the effect of this resolution would be to
place the following ballot question (and accompanying resolution provisions) on the General
Election ballot:
"Shall Collier County be authorized to acquire, preserve and manage environmentally sensitive
lancls for the protection of water resources, wildlife habitat and public open space by issuing
bonds up to $75 million payable from ad valorem taxes not exceeding .25 mils for a period often
(10) years, and limiting all uses of, and all investment earnings on such levies to such
purposes ?"
Intent
A series of whereas clauses act as preamble to the resolution and basically state the needs for and
purposes served by establishment of a Collier County conservation lands program, henceforth
known as "Conservation Collier". Needs including appropriate planning for future growth and
development in the county, conservation of the county's unique ecological systems, and
protection of area water resources, wildlife habitat and recreational areas are addressed.
Section I. Findings
It is found that the proposed program is desired by citizens, meets a paramount public purpose,
and is in the best interest of the citizens to issue bonds as a means to finance the program. The
resolution is also found to be consistent with the County's Home Rule Charter, making it
consistent with other provisions of law.
Section II. Election Ordered
On the statewide General Election day November 5th, 2002, a vote on the ballot question to
establish the Conservation Collier program and funding source will determine approval by the
Collier County electorate.
Section III. Voting
Requisite voting practices and computation of ballots for General Election day, where polls at
voting places will be open from 7:00 a.m. to 7:00 p.m., will be complied with
Section IV. Ballots
Standard ballot question formats for posing the Conservation Collier question to voters will be
followed, where voters will read the title and full wording of the proposed question (as written in
the introduction above).
Section V. Absentee Voting
The standard provisions for absentee voting, in accordance with the Florida Election Code, will
be followed in order to provide absentee voters with the ballot.
Section VI. Results of Election
The official County Canvassing Board will count and certify votes to declare if a majority of the
votes cast approved or disapproved of the Conservation Collier ballot question. If approved, the
County is authorized to issue bonds in accordance with the charter and other applicable law.
Section VII. Publication of Resolution and Notice
An official Notice of Tax and Bond Referendum, including the proposed ballot question, will be
published in the Naples Daily News or like newspaper at least twice before the General Election.
Section VIII. Oversight Committee
A citizen's oversight committee will be established to review and recommend to the Board of
County Commissioners the priorities, cost and process for conservation land acquisition,
restoration and management. The seven-member Committee will be appointed by the Board and
will represent environmental, agricultural, business, educational and civic interests, as well as a
public agency. Members will serve three year terms.
Section IX. Policies and Procedures
The oversight committee will recommend the policies, procedures, standards and final criteria
for the purchase of conservation lands in perpetuity. Each project suitable for committee review
must serve the public purpose for restoration, and conservation of environmentally sensitive
lands and public open space. The projects will seek partnership with other entities in order to
maximize opportunities to receive matching funds.
Section X. Acquisition Goals
The goals for the Conservation Collier program are to protect environmentally sensitive lands
which contain rare and endangered species or their habitats, critical water resources, buffers for
existing environmentally sensitive lands, and public open space. Goals also include seeking
opportunities for restoration of critical natural resources and public recreation and education.
Section Xl. Acquisition Priorities
To be eligible for consideration, a proposed project must meet at least two of the scientific initial
screening criteria which prioritize the County's spending for conservation lands, including rare
habitat protection, water resource protection, buffers, public access and geographic distribution.
Projects with matching funds available from a partner entity will receive a higher ranking in the
priority list, and a map of Initial Land Acquisition Priorities are incorporated by reference.
Section XII. Public Access ,
The management of lands for Conservation Collier will provide science-based preservation of
lands and appropriate access to the public for passive recreation and environmental education.
Section XllI. Effective Date
The resolution will go into effect immediately upon its passage.
RESOLUTION NO. 2002-__
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF COLLIER,
FLORIDA, ORDERING AND PROVIDING FOR HOLDING
OF A REFERENDUM ELECTION TO DETERMINE IF THE
ELECTORS OF THE COUNTY OF COLLIER, FLORIDA
APPROVE THE LEVY OF AN ADDITIONAL AD VALOREM
TAX NOT EXCEEDING 1/4 MILL FOR 8 YEARS AND THE
ISSUANCE OF NOT EXCEEDING $75,000,000 LIMITED
TAX GENERAL OBLIGATION BONDS, TO BE ISSUED IN
ONE OR MORE SERIES, PAYABLE THEREFROM, IN
ORDER TO FINANCE ACQUISITION AN MANAGEMENT
OF ENVIRONMENTALLY ENDANGERED, WATER
RESOURCE PROTECTION, WILDLIFE HABITAT AND
PUBLIC OPEN SPACE LANDS AND PURPOSES
INCIDENTAL THERETO; PROVIDING CERTAIN OTHER
MATTERS IN CONNECTION THEREWITH; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Collier County recognized the need to plan for future growth and
desires to initiate a long-term program, known as Conservation Collier, to acquire and
improve environmentally endangered land for the protection of water resources, wildlife
habitat and public open space, and
WHEREAS, the history of Collier County is marked with efforts to conserve the
County and region's unique ecological character and to preserve valuable ecosystems
for future generations; and
WHEREAS, it remains the goal of Collier County to conserve, manage and
where necessary, restore the natural environment and provide appropriate access for
the enjoyment and education of the public; and
WHEREAS, Florida's groundwater, surface waters and related ecosystems are
under pressure due to population growth and economic expansion and resources are
needed to ensure that sufficient quantities of water are available to meet the current and
future needs of the natural systems and citizens of the state; and
WHEREAS, access to public lands support a broad range of outdoor recreational
opportunities and the development of necessary infrastructure, where compatible with
the resource values and management objectives for such lands, promotes an
appreciation for Florida's natural assets and improves the quality of life; and
WHEREAS, the need for high-quality resource based outdoor opportunities,
greenways, trails and open space have not been fully met by previous acquisition
programs and additional emphasis on acquiring, protecting, preserving and restoring
open space, greenways and public access is necessary; and
WHEREAS, acquisition to protect the integrity of ecological systems provide
multiple benefits, including preservation of habitat, recreation space for urban as well as
rural areas, and water recharge; and
WHEREAS, a long-term acquisition and improvement program is needed and
funding is required, and
WHEREAS, a long-term financial commitment to managing public lands must
accompany any new land acquisition program to ensure that the natural resource
values of such lands are protected and that the public has the opportunity to enjoy the
lands to their fullest potential; and
WHEREAS, if said funding is authorized by the voters of Collier County and the
Board of County Commissioners in its discretion levies the necessary millage, it is in the
public's interest to have any resulting acquisition and improvement program
procedurally implemented in a manner that sets specific guidelines for the program to
ensure effective and successful completion of the Conservation Collier program.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, IN OPEN MEETING DULY
ASSEMBLED IN THE BOARD OF COUNTY COMMISSIONERS CHAMBERS AT 3301
EAST TAMIAMI TRAIL, NAPLES, FLORIDA, THIS ~ DAY OF ,2002, A.D.,
AS FOLLOWS:
SECTION 1. Findinqs
It is found and declared that:
(A) This Resolutiqn is adopted pursuant to the County's Home Rule Charter,
Chapter 125, Florida Statutes, Chapters 100 and 101, Florida Statutes, and other
applicable provisions of law.
(B) It is desired to authorize the annual levy of an additional ad valorem tax
not exceeding 1/4 mill for eight years to fund the acquisition of environmentally
endangered and water resource land for conservation and public benefit from taxes
collected and on deposit or from the proceeds of the issuance of short and/or long term
indebtedness authorized herein payable from the aforesaid additional ad valorem tax,
(c)
(D)
necessary or
(E)
The expenditures authorized serve a paramount public purpose.
It is in the best interest of the County to issue such Bonds as are
desirable to finance projects payable as heretofore described.
The recitations of the preamble are hereby adopted as findings herein.
SECTION !1. Election Ordered.
An election be and is hereby ordered to be held in Collier County, Florida, on
November 5, 2002, to determine whether or not the levy of an additional ad valorem tax
and issuance of Limited Tax General Obligation Bonds for said purpose shall be
approved by the electors of the County.
SECTION III. Voting.
The polls will be open at the voting places on the date of such election from 7:00
a.m. to 7:00 p.m. on the same day. All qualified electors residing within the County shall
be entitled and permitted to vote at such an election as hereinafter provided. The bond
election shall be held and conducted in the place or places prescribed by law for
general elections in the County. The election shall be held and conducted in the
manner prescribed by law for holding general elections in the County, and the County
Manager and Supervisor of Elections are directed to take all necessary measures to
conduct the election in all manner required by law. The returns shall be properly
canvassed by a county canvassing board to be comprised of a county court judge and
two members of the Board of County Commissioners (collectively, the "Canvassing
Board") and all procedures and requirements of state law, the Charter and other
applicable law shall be complied with for the purpose of conducting the computation of
ballots and completion of election procedures.
SECTION IV. Ballots.
The ballots to be used in the election shall be on plain white paper with printed
description of the proposed levy of the tax and issuance of the Bonds, and which will
provide facilities for qualified electors to vote for or against the levy of the tax and
issuance of the Bonds as they may choose. Voting equipment shall be used at such
bond election or such other means as is deemed appropriate and permitted by law by
the Supervisor of Elections. The question appearing on the ballots to be used in the
election shall be in substantially the following printed form:
BALLOT
CONSERVATION COLLIER: ACQUISITION AND
MANAGEMENT OF ENVIRONMENTALLY SENSITIVE,
WATER RESOURCE AND PUBLIC OPEN SPACE LANDS
SHALL COLLIER COUNTY BE AUTHORIZED TO
ACQUIRE, PRESERVE AND MANAGE
ENVIRONMENTALLY ENDANGERED LANDS FOR THE
PROTECTION OF WATER RESOURCES, WILDLIFE
HABITAT AND PUBLIC OPEN SPACE BY ISSUING
BONDS UP TO SEVENTY-FIVE MILLION DOLLARS
PAYABLE FROM AD VALOREM TAXES NOT EXCEEDING
ONE QUARTER OF ONE MILL FOR A PERIOD OF
EIGHT(8) YEARS, AND LIMITING ALL USES OF, AND ALL
INVESTMENT EARNINGS ON SUCH LEVIES TO SUCH
PURPOSES?
YES (FOR BONDS)
NO (AGAINST BONDS)
SECTION V. Absentee Voting.
Adequate provision shall be made for absentee voting. Ballots shall be used
suitable for absentee voting at the election. The form of ballots to be used in the
election for absentee voters shall be in substantially the form set out above and in
accordance with the Florida Election Code.
SECTION VI. Results of Election.
Returns of the votes cast at the election shall be made to and canvassed by the
Canvassing Board and such Board shall declare the results and certify the same to the
County Manager to be recorded in the minutes of the County. If a majority of the votes
cast at such election in respect to the levy of the tax and issuance of the Bonds shall be
"YES" (For Bonds), such issuance shall be approved, may be issued by the County
pursuant to the terms and provisions of the charter and the other provisions of
applicable law. Regardless of the results of the election, the County Manager is hereby
directed to submit such results to the Department of State pursuant to Section 100.351,
Florida Statutes.
SECTION VII. Publication of Resolution and Notice.
At least 30 days' notice of the election shall be published in the News Journal, or
any other newspaper of general circulation within the County, at least twice, once in the
fifth week and once in the third week prior to the week in which the election is held, in
the manner provided in Section 100.342, Florida Statutes.
The notice of election shall be in substantially the following form:
NOTICE OF TAX AND BOND REFERENDUM
COUNTY OF COLLIER, FLORIDA,
ON NOVEMBER 5, 2002
NOTICE IS HEREBY GIVEN THAT A COUNTY OF COLLIER,
FLORIDA, TAX AND BOND REFERENDUM will be held on the 5th
day of November, 2002, in the County of Collier, Florida, for the
purpose of deter'mining whether or not an additional ad valorem
tax not exceeding 4,4 mill shall be levied annually for eight (8)
years and Limited Tax General Obligation Bonds of the county
issued in one or more series, payable therefrom shall be issued in
the aggregate principal amount of not exceeding $100,000,000,
bearing interest, payable at such interest rate or rates not
exceeding the maximum rate permitted by law and redeemable as
shall be determined at or before the time of sale thereof, maturing
over a period of not to exceed twenty years from the date of the
bonds, to finance acquisition and improvement of environmentally
endangered lands for protection of water resources, wildlife
habitat and publiC open space and purposes incidental thereto.
The polls will be open at the voting places on the date of bond
election at 7:00 a.m. to 7:00 p.m. on the same day, all as provided
in Resolution No. adopted by the Board of County
Commissioners of Collier, Florida on ., which is a
matter of public record.
All qualified electors residing within the County of Collier shall
be entitled qualified and permitted to vote at such election.
The County of Collier, Florida
James N. Coletta, Chair
Board of County Commissioners
SECTION VIII. Oversi.qht Committee.
In order to implement a program to finance negotiations, acquisition, protection,
restoration, access and management costs, the Board of County Commissioners shall
create an advisory oversight committee, by June 1,2003 to conduct an ongoing review
of all projects under consideration and to make recommendations to the Board.
SECTION IX. Policies and Procedures.
The oversight committee shall recommend a land acquisition program with
policies, procedures, standards and criteria for the purchase of endangered and
conservation lands, wildlife habitat and water resource areas. Each project must state a
public purpose for the restoration, conservation or preservation of environmentally
endangered lands and water areas and for providing public use opportunities. It is the
intent of the program to achieve maximum impact by partnering with other entities
through award or acceptance of grants, joint projects and other cooperative efforts. It is
the intent of the county to u~e the funds approved herein to apply for matching grants
awarded under the Florida Forever Program set forth in Chapter 99-247, Laws of
Florida, and any amendments thereto and any other appropriate state, district or federal
funding program, to maximize the use of public monies to benefit Collier County
SECTION IX. Acquisition Goals.
The goals of the Conservation Collier Environmentally Sensitive Lands
Acquisition Program are to acquire, protect and manage environmentally sensitive lands
which contain rare, unique or endangered upland and wetland acres for the benefits of
biodiversity, listed species habitat protection, water resources for natural systems and
water supply, buffering of present conservation lands, restoration of critical resources,
and appropriate access to passive outdoor recreation and educational values. All
Program lands will be adequately and appropriately managed to achieve the stated
goals of the Program. Additionally, every effort will be made to partner with other
funding agencies to maximize the Conservation Collier Program's benefits.
SECTION X. Acquisition Priorities
The priorities for land acquisition of the Conservation Collier Program are
reflected in the criteria identified for selection and ranking of specific acquisition
projects. These are as follows:
INITIAL SCREENING CRITERIA:
[] Land with the rarest, most unique and endangered habitats found in
Collier County, in preference order: tropical hardwood hammocks, xeric oak
scrub, coastal strand, native beach, xeric pine, riverine oak, high marsh
(saline), tidal freshwater marsh, other native habitats.
[] Lands offering the best human social values, including equitable
geographic distribution, appropriate access for passive and compatible
uses, and enhancement of the aesthetic setting of Collier County.
[] Land which protects the most water resource values, including aquifer
recharge, surface water quality, wetland dependant species habitat, and
flood control.
[] Land containing the most biological value, including biodiversity, listed
species habitat, connectivity, restoration potential, and ecological
quality.
[] Land which enhances and/or protects the environmental value of current
conservation lands through function as a buffer, ecological link, or habitat
corridor.
[] Any qualified land which meets at least two of the above criteria, and has matching
funds available, and/or which program funds availability would leverage a significantly
higher funding rank in another acquisition program. Without such funding
circumstances, program funds shall not be available for projects within other agencies'
acquisition projects.
SECONDARY RANKING CRITERIA:
Those proposed acquisition parcels which are initially qualified under the
screening criteria shall be evaluated and ranked by the staff and LAAC based on site
visit information which confirms or refutes the screening criteria evaluation, and based
on comparative size (to prefer larger of similar parcels), vulnerability to destruction (to
prefer most threatened of qualified parcels), overall resource quality (to prefer highest
quality), and the estimated feasibility and costs of management (to prefer most
manageable parcels).
SECTION Xl. Public Access
The Conservation Collier Program will acquire and manage environmentally
sensitive lands with the primary objectives of maintaining and preserving their
natural resource values, and providing appropriate nature-oriented passive
recreational and educational opportunities, by employing management techniques
that are most appropriate for each native community so that our natural heritage
may be preserved and appreciated by and for present and future
generations. The Program will also make the acquired sites available, with minimal risk
to the environmental integrity of the site, to educate Collier County's school-age
population and the general public about the uniqueness and importance of Collier
County's subtropical ecosystems and natural communities.
SECTION XlI. Effective Date.
This Resolution shall go into effect immediately upon its passage and adoption.
DONE AND ORDERED IN OPEN MEETING.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF COLLIER, FLORIDA
Dwight E. Brock
Clerk of the Courts
James N. Colletta
Chair
APRIL 17~ 2002 DRAFT
AN ORDINANCE ESTABLISHING THE CO!.!.IER COUNTY
ENVIRONMENTALLY SENSITIVE LANDS PROGRAM;
PROVIDING FOR FINDINGS, PURPOSE AND INTENT; POWERS;
FORMATION, DUTIES AND COMPOSITION OF ADVISORY
BOARD; DURATION; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS
AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier County is in the process of studying various methods created
by the Florida State Legislature for the acquisition of environmentally sensitive land for
conservation, preservation and urban green space; and
WHEREAS, Collier County has Home Rule Powers established by the Florida
State Legislature pursuant to Florida Statutes, Chapter 125 land has the power to carry
on government to the extent not inconsistent with general law; and
WHEREAS, Collier County desires to provide a mechanism to equitably deal
with the implementation of comprehensive land use plans and other creative methods of
acquiring environmentally sensitive lands; and
WHEREAS, On Tuesday, November 5, 2002, the electorate of Collier County
authorized the County to levy a .25 mill ad valorem property tax for a period not to
exceed 8 (eight) 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's significant natural resources, productive estuaries
and wetlands, remarkable biodiversity, and unique subtropical habitats harboring many
species of rare and endangered flora and fauna merit the most protection any county's
citizens' could offer.
WHEREAS, It is the intent of the Board of County Commissioners of Collier
County to establish the Environmentally Sensitive Lands 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.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COILIER COUNTY, FLORIDA, that:
The Environmentally Sensitive Lands Program is therefore hereby established to
acquire, preserve, restore, and maintain vital and significant threatened natural lands,
forest, upland and wetland communities located in Collier County, for the benefit of
present and future generations.
Section One - Findinus:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. All ad valorem funds generated hereby shall be collected by the Collier County
Tax Collector.
3. The County Manager or his or her designee, shall administer this program in
accordance with the procedures and criteria provided for herein.
Section Two - Purpose and Intent:
1. To acquire, protect and manage environmentally sensitive lands that contain
natural upland or wetland communities, native plant communities, rare and endangered
flora and fauna, endemic species, endangered species habitat, a diversity of species,
significant water resources, or outstanding aesthetic or other natural features, maximizing
protection of Collier County's rarest, most unique and endangered habitats;
2. To acquire, protect and manage environmentally sensitive lands which offer
optimal human social value, including equitable geographic distribution, passive nature-
oriented recreation, and protection of water resources, local ecological awareness, and
enhancement of the aesthetic setting of Collier County;
3. To acquire, protect and manage environmentally sensitive lands that serve to
recharge the County's aquifers and protect its wetlands and surface water resources to
ensure the delivery of clean and plentiful water supplies and provide flood control;
4. To protect present conservation lands by acquiring, protecting and managing
adjacent properties which, if not acquired, would threaten the environmental integrity of
the existing resource, or which, if acquired, would enhance and buffer the environmental
integrity of the resource, and add to resource connectivity;
5. To restore the natural functions, as necessary, to any impacted and vulnerable
habitats which would then contribute significantly to fulfilling this program's goals;
6. To help implement the objectives and policies of the Collier County Growth
Management Plan which have been promulgated to preserve and protect environmental
protection areas designated in the Plan and other natural forest resources, wetlands,
endangered species habitat, and vulnerable rare habitats;
7. To identify Collier County's best and most endangered environmental lands for
acquisition, protection and management by evaluating the biological and hydrological
characteristics and viability of the resource, the vulnerability of the resource to
degradation or destruction, and the feasibility of managing the resource to maintain its
natural attributes;
8. To manage acquired environmentally sensitive lands with the primary objectives
of maintaining and preserving their natural resource values, and providing appropriate
nature-oriented passive recreational and educational opportunities, by employing
management techniques that are most appropriate for each native community so that our
natural heritage may be preserved and appreciated by and for present and future
generations;
9. To have the acquired sites available, with minimal risk to the environmental
integrity of the site, to educate Collier County's school-age population and the general
public about the uniqueness and importance of Collier County's subtropical ecosystems
and natural communities;
10. To protect natural resources which lie within the boundaries of other conservation
land acquisition programs, where Environmentally Sensitive Lands funds would leverage
significant other matching sources of funding for other agency acquisition projects that
would not be available without such a local match, or which would result in considerably
higher funding rank in another program; and,
11. To cooperate actively with other acquisition, conservation, and resource
management programs, including, but not limited to, such programs as the State of
Florida Conservation and Recreation Lands program, the Land Acquisition Trust Fund,
Florida Forever, and Save Our Rivers program, where the purposes of such programs are
consistent with the purpos'es of the Environmentally Sensitive Lands Program as stated
hereinabove.
Section Three - Definitions:
The following words and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section:
"Acquisition proposal" shall mean (a) parcel(s) of land which has/have been
nominated or recommended for conservation in accordance with the procedures
provided for herein.
"Acquisition project" shall mean (a) parcel(s) of land approved by the Board of
County Commissioners for conservation by the county in accordance with procedures
provided for herein.
3. "Authorized Purpose" means expenditures authorized herein.
"Non-profit organization" shall mean an organization as defined in section 501 of the
United States Internal Revenue Code, operating in Collier County, which has, as aim
on its primary proposed goals the conservation of natural resources and the protection
of the environment.
"Buffer land" shall mean that land which is adjacent to publicly-owned
environmental land, or privately held land permanently dedicated to conservation, or
that land which is an in-holding within publicly-owned environmental land, and
which, if not acquired, would threaten the environmental integrity of the existing
resource, or if acquired, would enhance the environmental integrity and connectivity
of the resource.
"Environmentally sensitive" land shall mean that land which contains natural upland
or wetland communities, native plant communities, rare and endangered flora and
fauna, endemic species, endangered species habitat, a diversity of species, significant
water resources, or outstanding aesthetic or other natural features~
"Management" shall mean the preservation, enhancement, restoration, conservation,
monitoring, or maintenance of the natural resource values of environmentally
sensitive lands which have been acquired or approved for management under the
Environmentally Sensitive Lands Program, including provision of appropriate public
access.
Section Four - Creation of the Environmentally Sensitive Lands Acquisition Trust
Fund.
Collier County shall establish the Environmentally Sensitive Lands Acquisition Trust
Fund for use in acquiritag environmentally sensitive lands in Collier County. This
fund shall receive and disburse monies in accordance with the provisions herein.
1. The Environmentally Sensitive Lands Acquisition Trust Fund shall receive
monies from the following sources:
a. Monies accepted by Collier County in the form of federal, State, or other
governmental grants, allocations, or appropriations, foundation or private grants,
donations for acquisition of environmentally sensitive lands and payments provided for
mitigation activity associated with such acquisition activity.
b. Such additional allocations as may be made by the Board of County
Commissioners from time to time for the purposes set forth herein.
c. All interest generated from the sources identified herein except where
monies received have been otherwise designated or restricted.
d. Supplementation from the Environmentally Sensitive Lands Management
Trust Fund, but only with the approval of the Collier County Board of County
Commissioners.
e. Up to Eighty-five percent (85%) of all ad valorem revenues collected for
the Environmentally Sensitive Lands Program.
f. The proceeds of any property acquired with funds from the
Environmentally Sensitive Lands Acquisition Trust Fund that is leased or sold by the
County, said proceeds, as determined by the Board of County Commissioners, to be
committed either to the Environmentally Sensitive Lands Acquisition Trust Fund or to
the Environmentally Sensitive Lands Management Trust Fund for the purposes provided
for herein.
2. The Environmentally Sensitive l.axnds Acquisition 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.
3. Disbursements from the Environmentally Sensitive Lands Acquisition Trust Fund
shall be made only for the following authorized purposes:
a. Acquisition of properties which have been approved for purchase by
resolution of the Board of County Commissioners.
b. Costs associated with each acquisition including, but not limited to,
appraisals, surveys, title search work, real property taxes, documentary stamps and surtax
fees, and other transaction costs.
c. Costs of administering the Environmentally Sensitive Lands Program,
including any loans from ,the General Fund for funding start-up costs until such time as
the fund is closed. Administration of the program may be conducted by County staff or
by contract with a private or not for profit entity subject to meeting all County purchasing
procedures. Administrative costs shall be limited to the greatest extent possible.
d. To undertake and carry out studies and analyses of county land needs and
ways of meeting those needs.
e. To acquire and dispose of real and personal property or any interest
therein when such acquisition is necessary or appropriate to protect the natural
environment, provide public access or public recreational facilities, preserve wildlife
habitat areas or provide access to management of acquired lands; to acquire interests in
land by means of land exchanges; and to enter into all alternatives to the acquisition of
fee interests in land, including, but not limited to the acquisition of easements,
development fights, life estates, leases, and leaseback arrangements.
f. Acquisitions consistent with Collier County land development regulations
and the Growth Management Plan.
g. To cooperate with other local, regional, state, or federal public land
acquisition programs. In such cases, the County may enter into contractual or other
agreements to acquire lands jointly or for eventual resale to other public land acquisition
programs in Collier County.
h. To borrow money through the issuance of bonds for the purposes provided
herein, to provide for and secure the payment thereof, and to provide for the rights of the
holders thereof.
i. To invest any funds held in reserves or sinking funds, or any funds not
required for immediate disbursement, in such investments as may be authorized for trust
funds under Florida Statutes, section 215.47 as amended.
j. To insure and procure insurance against any loss in connection with any
of the trust's operations, including without limitation:
a. The repayment of any loans to mortgage lenders or mortgage loans;
b. Any project;
c. Any bonds of the County;
Insurance may be procured in such amounts and from such insurers, including the Federal
Government, as may be deemed necessary or desirable by Collier County.
k. To engage the services of private consultants on a contract basis for
rendering professional and technical assistance and advice.
1. To identify parcels of land that would be appropriate acquisitions.
m. To do any and all things necessary or convenient to carry out the purposes
of, and exercise the powers given and granted herein to the full extent of the law.
Section Five - Creation of the Environmentally Sensitive Lands Management Trust
Fund:
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There is hereby created the Environmentally Sensitive Lands Management Trust
Fund (hereinafter referred to as the Environmentally Sensitive Lands Management Trust
Fund) for the preservation, enhancement, restoration, conservation and maintenance of
environmentally sensitive lands which 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
Environmentally Sensitive Lands Management Trust Fund and to receive and disburse
monies in accordance with the provisions of this section.
1. The Environmentally Sensitive Lands 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 Environmentally Sensitive Lands Management Trust Fund shall receive
monies from the following sources:
a. Ad-valorem taxes collected for the Environmentally Sensitive Lands
Program in an amount not to exceed 15% of the total collected in any one 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 Environmentally
Sensitive Lands 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 the Environmentally Sensitive Lands Program.
d. All interest generated from the sources identified herein, except where
monies received have been otherwise designated or restricted.
3. Disbursements from the Environmentally Sensitive Lands 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 Six - Land Acquisition Advisory Committee:
1. The Land Acquisition Advisory Committee (LAAC) shall be made up of seven
(7) persons appointed by the Board for terms of three (3) years. The seven members shall
be selected to provide the following representations:
a. Organizations representing environmental interests in Collier County , 2
members;
b. Organizations representing agricultural and business interests in Collier County -
2 members;
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c. Organizations representing educational interests in Collier County - 1 member;
d. Representatives of federal, state or local government, except for employees of the
Agency of the County Manager - 1 member; and
e. Representative from a local civic organization - 1 member.
2. Individual members of the LAAC shall have expertise in ecology, conservation
of natural resources, real estate or land acquisition, land appraisal, land management, eco-
toursim or environmental education. A nominee shall submit to the Board written
evidence of his or her expertise in any of the above.
3. The process for appointments shall be governed by Collier County Ordinance 86-
41, as amended.
4. Quorum; conduct of Committee and rules of procedure; meetings.
Existing County advisory committee procedures shall govern quorum and
committee procedures.
The LAAC shall meet monthly.
5. The LAAC shall have the following duties and responsibilities:
a. The LAAC's primary responsibility is to recommend to the Board of
County Commissioners an Active Properties Acquisition List with qualified
purchase recommendations consistent with the goals of the Environmentally
Sensitive Lands Program and pursuant to the policies outlined herein below.
b. The LAAC may, from time to time, recommend to the Board of County
Commissioners proposed expenditures from the Environmentally Sensitive Lands
Trust Funds; additional selection or acquisition policies, procedures, and
programs; and other such matters as may be necessary to fulfill the purposes of
the Environmentally Sensitive Lands Program. However, the goals and primary
criteria of the Environmentally Sensitive Lands Program may not be modified
except by countywide referendum vote.
c. The LAAC shall have no power or authority to commit Collier County to
any policies, to incur any financial obligations or to create any liability on the part
of the County. The actions and recommendations of the LAAC are advisory only
and shall not be binding upon the County unless approved or adopted by the
Board of County Commissioners.
d. At such ti, me as there are insufficient uncommitted funds in the
Environmentally Sensitive Lands Acquisition Trust Fund to conclude another
acquisition and all acquisition projects have been closed, the LAAC shall report to
the County Commission that its business is concluded. All remaining
Environmentally Sensitive Lands Acquisition Trust Fund monies shall then be
transferred to the Environmentally Sensitive Lands Management Trust Fund.
Section Seven - Property EiiL, ihle for Acquisition and Management:
1. Properties eligible to be considered for acquisition and management under thc
Environmentally Sensitive Lands Program shall be only environmentally sensitive land.
2. Acquisition of property shall not be constrained based on the availability of
management money.
3. Any environmentally sensitive land not on the acquisition list which is offered for
conveyance or donation to Collier County and is proposed for management by the
Environmentally Sensitive Lands Program shall be evaluated as provided for herein
below and may only be accepted and approved for management only by the Board of
County Commissioners.
Section Eight - Criteria for Evaluating l.ands for Acquisition and Management:
1. The evaluation of each acquisition proposal shall be based on satisfying at least
two of the initial screening criteria below. Qualified sites shall then be further prioritized
by secondary evaluative criteria listed below under section 2. The initial screening
criteria are:
a. Land with the rarest, most unique and endangered habitats found in Collier
County, in the following order of preference: tropical hardwood hammocks, xeric oak
scrub, coastal strand, native beach, xeric pine, riverine oak, high marsh (saline), tidal
freshwater marsh, other native habitats.
b. Lands offering the best human social values, including equitable geographic
distribution, appropriate access for passive and compatible uses, and enhancement of
the aesthetic setting of Collier County.
c. Land which protects the most natural water resource values, including aquifer
recharge, water quality, wetland dependant species habitat, and flood control.
d. Land containing the most biological value, including biodiversity, listed species
habitat, connectivity, restoration potential, and ecological quality.
e. Land which enhances and/or protects the environmental value of current
conservation lands through function as a buffer, ecological link, or habitat corridor.
f. Any qualified land,which meets at least two of the above criteria, and has
matching funds available and/or which The Environmentally Sensitive Lands
Program has funds, available and would leverage a significantly higher funding rank if
in another acquisition program. Without such circumstances, Environmentally
Sensitive Lands Program funds shall not be available for projects within the
jurisdiction of another agencies' acquisition boundaries.
2. Those proposed acquisition parcels which are initially qualified under the
screening criteria shall be evaluated and ranked by the staff and LAAC using Secondary
Ranking Criteria based on site visit information which confirms or refutes the initial
screening criteria evaluation, and based on comparative size (to prefer larger of similar
parcels), vulnerability to destruction (to prefer most threatened of qualified parcels), and
the estimated feasibility and costs of management (to prefer most manageable parcels).
3. The Board of County Commissioners hereby shall approve and make a part hereof
a list of Target Protection Areas within which are located specific sites which generally
satisfy the initial screening criteria and meet the goals of the Environmentally Sensitive
Lands Program. Inclusion on this list is not a guarantee of any specific purchase. All
specific proposals will be evaluated and ranked by staff and the LAAC for a
recommendation of approval to the Board of County Commissioners.
4. The County Manager shall prepare and periodically update for presentation to the
Board of County Commissioners, an Environmentally Sensitive Lands Program Manual,
developed by staff and the LAAC, which, upon approval by the Board of County
Commissioners, shall be used as a guide for implementing the provisions of this
ordinance, and shall also include the initial and secondary criteria listed herein above for
evaluating Environmentally Sensitive Lands Acquisition Proposals. Commencement of
the acquisition and management program shall be immediate upon approval by the Board
of County Commissioners, passage of the referendum and appointment of the LAAC,
even if the manual has not been completed.
Section Nine - Acquisition List:
The overall Environmentally Sensitive Lands Acquisition List shall consist of two
specific lists: the Target Protection Areas List and the Active Acquisition List. The
LAAC and Board of County Commissioners shall approve both in accordance with the
procedures set forth below:
The Target Protection Areas List shall consist of a list of lands representing the
highest natural resource values (such as Natural Resource Protection Areas), and
is initially approved by the Board of County Commissioners and voter
referendum and updated periodically by the Board of County Commissioners and
LAAC. It is established and updated in accordance with the Environmentally
Sensitive Lands Program goals, procedures and criteria.
The Active Acquisition List shall consist of criteria-qualified sites which have
been selected from~Target Protection Areas, as well as qualified acquisition
proposals submitted to the LAAC by the public. The Active Acquisition List shall
be updated periodically according to the Environmentally Sensitive lands
Program procedures and criteria. Site acquisition proposals that receive the
highest evaluations pursuant to the Environmentally Sensitive Lands Program
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criteria and for which acquisition is feasible will be put on this list, pending
approval by the LAAC and Board of County Commissioners.
The County shall actively pursue acquisition of projects on the Active Acquisition
List. All sites shall be pursued on a voluntary "interested party" basis only,
without the use of the County's eminent domain powers.
Projects will only be removed from this the Active Acquisition List by successful
purchase of the site, approval of the next succeeding list, or by resolution of the
Board of County Commissioners. Projects removed may still be considered at a
later time.
Section Ten - Nomination of acquisition proposals and candidate sites:
1. Specific site consideration will be given to all individual properties which lie
within the Target Protection Areas List and which have generated a positive interest
response to a letter of acquisition inquiry sent by the County or county designated
contact.
2. Public and landowner applications nominating properties for acquisition may be
submitted at any time, during or after the first annual public solicitation meeting
(described below), by any person or organization, including Collier County, regional,
State or Federal agencies.
3. All nominations shall be made by filing an application with the County Manager,
the LAAC, the Board of County Commissioners or County Natural Resources
Department staff, which will then be forwarded to designated staff and the LAAC for
review.
4. There will be an annual public meeting for the purpose of updating the Board of
County Commissioners and the public and for soliciting proposals and applications. The
first such meeting will take place at the end of the first .year of implementation of the
Environmentally Sensitive Lands Program.
5. If the applicant has an ownership interest in any real property covered by an
application for proposed acquisition, such interest shall be disclosed in the same manner
as required of zoning applicants, as required by the Collier County Land Development
Code. This shall not apply to governmental applicants.
6. If the applicant do,es not have an ownership interest in the real property covered
by an application or if the applicant is a governmental agency, the name and address of
the owner as listed in the Property Appraiser's records shall be provided with the
application.
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Section Eleven - Procedure for selection of acqui.qition proposals for placement on
the Active Acquisition Li,qt ood Subsequent Purchase Procedures:
1. Upon approval of the referendum and subsequently with each update of the Target
Protection Areas list, county staff will send letters of inquiry to all property owners
within these Target Protection Areas. Positive responses will be forwarded to designated
staff for preliminary review, using the initial screening criteria.
2. After the first annual public solicitation of nominations, landowner and publicly
nominated projects will be forwarded first to county staff for the mailing of inquiry
letters. Designated staff using the initial screening criteria will review all positive
responses.
3. Properties that do not fulfill the purposes of the Environmentally Sensitive Lands
Program or do not satisfy the initial criteria will be reported to the LAAC and shall not be
evaluated further unless at least five [5] members of the LAAC vote for a complete
evaluation.
4. Proposals which satisfy the initial screening are forwarded to the LAAC and staff
for secondary criteria review and ranking. Staff shall send along with each proposal:
boundary and location maps for each site, descriptions of the biological and hydrological
characteristics, a summary of its potential for appropriate use, development potential of
the site and adjacent land, an assessment of the management needs and costs, the assessed
value, and any potentially available matching funds. This acquisition proposal
information shall be the Initial Criteria Screening Report.
5. Upon completion of the Initial Criteria Screening Report, the LAAC shall hold a
public hearing to consider the recommendations regarding each site, the applicants'
and/or landowners' comments, and comments from the public. A courtesy notice shall be
provided to the owners of properties which are the subject of the hearing, although failure
to notify said owners shall not invalidate these proceedings. The LAAC shall evaluate all
qualified proposals using the secondary ranking criteria and propose top-ranked projects
for the Active Properties List at this hearing. Subsequent meetings may be called to
complete this task.
6. County staff shall coordinate initial site visits with LAAC and interested
landowners of top-ranked projects that are proposed for the Active Properties List. Staff
shall write Property Visit Reports regarding all initial site visits.
7. Upon completion of the staff's initial site visit reports, the LAAC shall convene a
public heating to recomm, end additions to, and approve the Active Properties List for
submittal to the Board of County Commissioners. Coordination will be made with any
potential matching funds entities, as necessary.
8. The Board of County Commissioners, in a public meeting, shall vote on whether
to approve all or part of the proposed Active Properties List and any additions that may
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be added to it. Additions may be added but any additional properties must be subjected
to the entire evaluation process. After approval of the list, the Board of County
Commissioners will direct staff to prepare a Project Design Report for each proposal,
including appraisals, title research, history and purpose of proposal, and program
qualifications.
9. Upon completion of the Project Design Reports, the LAAC shall hold a second
public meeting to decide, by majority vote, which projects should proceed to
negotiations. The recommended projects will then be forwarded to the Board of County
Commissioners for approval.
10. The Board of County Commissioners after approval of the list of Active
Properties, will instruct County staff to negotiate for purchase for each listed project, with
optional use of a third party non-profit organization negotiator, as authorized by the
Board of County Commissioners.
11. Upon successful completion of negotiations, the LAAC shall review the proposed
contract terms and if approved, direct staff to place the contract on the Board of County
Commissioners' agenda for its approval.
12. The Board of County Commissioners shall approve the contract terms for each
proposed project and shall authorize any and all purchases.
S_~2tlon Twelve - Management plans and use of environmentally sensitive lands:
1. No later than forty-five [45] days from the date of acquisition, an interim
management plan for any property purchased shall be submitted by County staff to the
LAAC for approval. Upon approval, the plan shall be submitted to the Board of County
Commissioners for final approval and shall be implemented by the County Manager
pursuant to the Board's direction. Any such interim management plan(s) shall not be
implemented for more than two (2) years after acquisition of the property, prior to the
expiration of two [2] tears, either a new management plan shall be implemented or, by
affirmative action of the Board, the interim plan shall continue.
2. A final management plan, with required review and updating every ten years,
shall be prepared, with review and input of the LAAC, for each property acquired by the
Environmentally Sensitive Lands Program which shall:
(a) Identify such management activities as are necessary to preserve, enhance,
restore, conserve, maintain, or monitor the resource, as appropriate; and
(b) Identify such uses as are consistent with the preservation, enhancement,
restoration, conservation, and maintenance of the resource; and
(c) Estimate the annual costs of managing the project.
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3. Annually, the ten-year management plans prepared during the preceding year
shall be submitted to the Board of County Commissioners for its approval. Each ten-year
management plan shall be updated at least every five (5) years from the last date of Board
approval, and may be amended as often as required. Management plan updates and
amendments shall be reviewed by the LAAC for their input and recommendations and
then submitted to the Board of County Commissioners for approval.
4. All management plans shall be consistent with the purposes set forth herein. All
properties acquired or managed through the Environmentally Sensitive Lands Program
shall be managed in accordance with the approved management plan for that property.
5. No use, infrastructure, or improvement shall be permitted on any property
acquired or managed under the Environmentally Sensitive Lands Program that is
inconsistent with the purposes of the program or that is not provided by an approved
management plan for the property.
6. The County will seek cooperative management arrangements with other agencies
and entities, in keeping with the approved management plans and goals of the
Environmentally Sensitive Lands Program.
7. Purchasing land using Environmentally Sensitive Lands program funds
permanently extinguishes all development rights except those strictly compatible with the
purposes and goals of the Environmentally Sensitive Lands Program.
Section Thirteen - Responsibilities of the Coun ,W Mana~er:
The County Manager shall facilitate such activities, designate such staff, and assign
such responsibilities as are necessary to fulfill the purposes of this chapter. The manager
shall, at a minimum, do he following:
1. Designate staff to evaluate acquisition proposals in accordance with the approved
criteria and prepare and implement project management plans.
2. Make recommendations to the LAAC on acquisition proposals.
Designate a negotiation resource committee to develop negotiation strategies for
approved acquisition projects, to monitor negotiations, and to assist in
coordinating all activities relating to negotiations, purchase agreements and
closings, as needed. The Negotiation Resource Committee shall include at least
one (1) representative from the Real Property Department, the Department of
Development Serv!ces, the Department of Facilities Management, the Park and
Recreation Department, and The County Attorney.
Section Fourt~n - Sunset of the Environmentally Sensitive Lands Pro~ram:
14
1. The Environmentally Sensitive Lands Program will sunset when all usable
program funds are exhausted after 8 (eight) years of Environmentally Sensitive Lands
Program tax revenue collection, unless reauthorized through similar voter referendum
approval.
2. Any unusable funds remaining in the Acquisition Trust Fund upon sunset will be
transferred to the Management Trust Fund.
3. The Management Trust Fund will continue in perpetuity, as long as
Environmentally Sensitive Lands Program acquired lands remain in county hands.
Section Fifteen - Inclosion 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 Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed
to "section," "article," or any other appropriate word.
Section Sixteen - 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.
Section Seventeen - Effective Date:
This Ordinance shall take effect upon its being filed with the Florida Department
of State.
PASSED AND DULY ADOFrED by the Board of County Commissioners of
Collier County, Florida this ~ day of ,2002.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: By:
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Deputy Clerk
James N. Coletta, Chairman
Approved as to Form and
Legal Sufficiency:
Jacqueline Hubbard Robinson
Assistant County Attorney
H: Jackie/Vote Conservation/Ordinance 41601
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