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Agenda 01/24/2017 Item #11C01/24/2017 EXECUTIVE SUMMARY Report on the current status of the Conservation Collier program, options related to gauging public sentiment regarding the reauthorization of the ad valorem levy for continued acquisitions under the program, and request that the Board provides direction for the measurement of public sentiment. OBJECTIVE: To respond to a Board of County Commissioners (Board) request to provide options and recommendations to gauge support for a reauthorized Conservation Collier program. CONSIDERATIONS: The Conservation Collier program is a county-wide ad valorem tax funded initiative approved on November 5, 2002 by voters. A separate county-wide ad valorem tax of .25 mills per $1,000 of taxable value was levied between 2003 and 2013. The goal of the Conservation Collier program as originally envisioned was long-term acquisition and management of green space and the preservation of such lands in perpetuity. The acquisitions phase was halted in 2011 in order to direct sufficient funds into the maintenance trust fund. During the program’s acquisition phase, a total of 4,060 acres meeting program criteria were acquired in nineteen (19) different locations at a total cost of approximately $103.9 million. A total of $47.3 million was bonded for use in property acquisition, via bonds issued in 2004 and 2008. Both bonds have since been retired. Since the time that the levy ceased, an additional 16.45 acres were added to the inventory from donations and goods deals for a current total of 4,084.36 acres. Two approved multi-parcel projects, Winchester Head (aka North Golden Gate Estates (NGGE) Unit 65) and Red Maple Swamp (aka NGGE Unit 53) are currently actively accepting donations. The Conservation Collier program is currently in a management phase; worki ng to open preserves to the public, while hosting visitors, students, and volunteers at its open preserves. Twelve (12) of the nineteen (19) preserves are open with trails and various levels of amenities. Some preserves, such as Shell Island and Camp Keais, were purchased as resource protection and may not be developed for public access. The remaining preserves have access issues that need to be resolved and they will be opened at some point in the future. A map of the locations of Conservation Collier preserves is attached. Also attached is an overview of current and planned amenities associated with the properties, consistent with the land management plans of the preserves. In 2014, the Board approved a Ten-Year Financial Plan focused on streamlining expenditures, establishing a combined program minimum fund balance of $32 million, and creating a plan to ensure spending practices remain consistent with long-range financial targets. The current combined balance of all Conservation Collier funds is approximately $34.9 million. Should the Board desire, public sentiment regarding the reauthorization of the ad valorem levy could be gauged through a variety of methods that include, but are not limited to the following: 1. Conduct a straw poll ballot of registered voters administered by the Supervisor of Elections. The poll could be held at North Collier Regional Park in March or April 2017 and results would then be reported back to the Board. Estimated costs associated with this option are approximately $5,000 to $7,000. 2. Hire a planning firm to conduct a public poll of Collier County residents. The estimated costs associated with this option are approximately $15,000 to $20,000. Staff anticipates that this option will allow results to be provided to the Board by September 2017. 11.C Packet Pg. 395 01/24/2017 3. Establish a referendum to be held. If the referendum were to be held in conjunction with a regular election there would be no additional costs. The next scheduled election is August 2018. If there is a desire to have a standalone ballot, estimates from the Supervisor's of Elections Office suggest a cost of $500,000. Example referendum language is included below: “Do you approve of Collier County continuing to use general revenue funds to acquire, restore, improve, and manage land for conservation, surface water management, water quality, water recharge and supply, flood control, wildlife habitat, passive public recreation, and open space purposes pursuant to the Conservation Collier Ordinance?” During the duration of the ten year levy (.25 mills per $1000 taxable value) approximately $159 million was raised. The taxes generated were originally split 85% for land acquisition and 15% for land maintenance. As the program evolved it became clear that the land maintenance allocation was insufficient and additional program resources were earmarked for the maintenance trust fund. Based on staff’s experience, it is recommended that a minimum of 25% of any future program proceeds should be earmarked for long-term maintenance. The table below illustrates the estimated county-wide ad valorem tax dollars generated at various millage rates: Graph 1 If the Board decided to initiate some level of ad valorem funding without the benefit of a referendum, land acquisitions would be restricted to a pay-as-you-go approach considering that the use of ad valorem dollars as a repayment source for the issuance of debt would require a referendum. In addition, the Conservation Collier Ordinance (2007-65, Section 8.6.b.) requires that the goals and primary criteria of the program may not be modified except by a County-wide referendum vote. Also, should it be desired for Conservation Collier to acquire lands associated with the Transfer of Development Rights (TDRs) 11.C Packet Pg. 396 01/24/2017 program, a referendum may be required. It should be noted that the Land Development Code off-site vegetation retention provision (LDC 3.05.07, H.1.f. iii. b.) provides a process for donations to Conservation Collier. These donations require all existing invasive exotic plants be removed, and a cash management endowment be provided based on 25% of the cost of acquired similar parcels. All approvals to accept or acquire parcels within the multi - parcel projects have been conceptually provided if established criteria are met, with final acceptanc e of parcels required by the Board. Below is a list of pending properties that have been deemed suitable by the Board of County Commissioners, Conservation Collier Land Acquisition Committee, and from discussions regarding the Rural Fringe Mixed Use Districts allowing for TDR’s being acquired with the reauthorization of the ad- valorem levy: Property Current Acreage Acquired Available for acquisition Status of Acquisition Comments Winchester Head 80 acres 78.67 acres 50% acquired Currently, Conservation Collier has Board approval for acquisition in these areas Red Maple Swamp 200 acres 105 acres 66% acquired Currently, Conservation Collier has Board approval for acquisition in these areas Horsepen Strand 8 acres 201 acres N/A This is not an approved multi- parcel project and if it were to be developed as a project, actual boundaries and size would need to be determined North Belle Meade West N/A N/A N/A There are a potential 3,074 acres that could be placed into conservation under a TDR program in this area North Belle Meade Natural Resources Protection Area (NRPA) N/A N/A N/A There are a potential 6,451 acres that could be placed into conservation under a TDR program in this area Barron Collier Investments lands N/A N/A The last approved Conservation Collier 2 large parcels totaling 1,034 acres. 11.C Packet Pg. 397 01/24/2017 Active Acquisition List, dated Jan 25, 2011, had two properties on the A- list that were not acquired due to lack of funding These lands are south of and adjoining Pepper Ranch Preserve. FISCAL IMPACT: In the Considerations section above, alternatives and estimated costs for gauging public opinion are provided. Graph 1 illustrates the estimated county-wide ad valorem tax dollars generated at various millage rates. Ideally, interest income generated from the Conservation Collier Maintenance Trust Fund would cover operating and maintenance expenses of the program thus preserving trust fund principle under the notion of perpetuity. In practice, there is a shortfall between interest earning and annual operating and maintenance expenses of approximately $95,000 annually leading to a 10-year principal reduction of approximately $950,000. GROWTH MANAGEMENT IMPACT: A reauthorized Conservation Collier program would have the ability to function to support other County growth management initiatives such as the 2016 Restudies and the Comprehensive Water Improvement program if approved. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal issue, and requires majority support for any action. -JAK RECOMMENDATION: That the Board of County Commissioners: 1. Provides staff direction on pursuing public sentiment related to reestablishing the Conservation Collier land acquisition program; 2. Directs funding be authorized to pursue one or more of the options identified above and approve necessary budget amendments. Prepared by: Alexandra Sulecki, Principal Environmental Specialist, Parks and Recreation Department ATTACHMENT(S) 1. Map of Preserve Areas (DOCX) 2. Preserve Amenities (DOCX) 3. Financial Plan 5-10 Yr Summary (PDF) 11.C Packet Pg. 398 01/24/2017 COLLIER COUNTY Board of County Commissioners Item Number: 11.C Item Summary: Report on the current status of the Conservation Collier program, options related to gauging public sentiment regarding the reauthorization of the ad valorem levy for continued acquisitions under the program, and request that the Board provides direction for the measurement of public sentiment. (Barry Williams, Director, Parks and Recreation) Meeting Date: 01/24/2017 Prepared by: Title: Operations Analyst – Public Services Department Name: Hailey Margarita Alonso 01/11/2017 2:33 PM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 01/11/2017 2:33 PM Approved By: Review: Parks & Recreation Alexandra Sulecki Additional Reviewer Completed 01/11/2017 2:40 PM Parks & Recreation Ilonka Washburn Additional Reviewer Completed 01/12/2017 7:59 AM Public Services Department Joshua Hammond Additional Reviewer Completed 01/12/2017 8:03 AM Public Services Department Amanda O. Townsend Additional Reviewer Completed 01/12/2017 11:50 AM Parks & Recreation Jeanine McPherson Additional Reviewer Completed 01/12/2017 7:51 PM Parks & Recreation Barry Williams Additional Reviewer Completed 01/13/2017 8:46 AM Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 01/13/2017 9:36 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 01/13/2017 4:00 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/17/2017 7:47 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/17/2017 8:20 AM Budget and Management Office Ed Finn Additional Reviewer Completed 01/18/2017 1:20 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/18/2017 1:48 PM Board of County Commissioners MaryJo Brock Meeting Pending 01/24/2017 9:00 AM 11.C Packet Pg. 399 Exhibit A 11.C.1 Packet Pg. 400 Attachment: Map of Preserve Areas (2573 : Conservation Collier on proceeding with an option to guage public sentiment) Present and Planned Amenities January 24, 2017 Preserve Name Total #Acreage Description Estimated Annual cost for maintenance Estimated Cost for Planned Amenities Alligator Flag 18.46 There are non-ADA trails, bench, sign there. No further amenities are planned. $4,200 N/A Camp Keais Strand 32.5 None. Public Access Prohibited 0 N/A Caracara Prairie 367.7 Non-ADA trails, benches, picnic table, kissing gates are present. No further amenities are planned. $30,000 N/A Cocohatchee Creek 3.64 ADA and non-ADA trails, picnic table, benches, garbage and recycle cans, sign are present, No further amenities are planned. $2,700 N/A Freedom Park 12.5 ADA Boardwalk (Parks Division maintains this). No additional amenities are planned. $2,700 N/A Gordon River Greenway 50.51 There are ADA Boardwalk, garbage and recycle cans, 1 fishing platform, 3 shade structures, sign at the preserve. Future proposed amenities include CDC parcel- Asphalt Trail, fishing platform, 10-space parking lot, gate & sign. These amenities were never approved and were only conceptual. $25,000 $426,615 Logan Woods 6.78 Picnic table, garbage and recycle cans, sign are currently present. No further amenities are planned. $2,200 N/A McIlvane Marsh 378.87 No amenities are present and none are currently planned. 0 $800 Nancy Payton 71 Benches, picnic tables, and unpaved parking area are present. No additional amenities are planned. $8,000 N/A Otter Mound 2.45 Bench, 3-space parking lot, garbage and recycle cans, sign are existing amenities. No additional amenities are planned. $8,000 N/A Panther Walk 10.69 A sign and non-ADA trail are present. No additional amenities are planned. $1,100 N/A Pepper Ranch 2,512 Currently, amenities include Parking, 2 campgrounds, recycle and garbage cans, boardwalk lake overview, non- ADATrails, sign, 2 gates. Future planned amenities include $25,000 for RV pad/utilities. Additionally funding for cottage repairs are needed but not budgeted – amount unknown. $150,000 $25,000 Railhead Scrub 135.36 Non-ADA trails only. Parking and ADA trails were initially planned but not constructed due to delays in development of the access road. $22,000 $128,000 Red Maple Swamp 206.38 No current amenities are there. Future amenities include signage. $7,500 $800 Rivers Road 76.74 Picnic table, benches, parking area, non- ADA trails are there now. No future $38,000 N/A 11.C.2 Packet Pg. 401 Attachment: Preserve Amenities (2573 : Conservation Collier on proceeding with an option to guage public sentiment) Present and Planned Amenities January 24, 2017 amenities are planned. Redroot 9.26 There are benches and a sign there currently. No future amenities are planned. $1,200 N/A Shell Island 83.18 None. Public Access Prohibited $5,000 N/A Wet Woods 26.77 No amenities currently there. A non-ADA trail and 550-foot boardwalk & permitting were planned but not built due to general economic downturn. $4,000 $440,000 Winchester Head 79.67 No amenities present – none planned $16,200 N/A Total 4084.46 $327,000 $1,021,215 11.C.2 Packet Pg. 402 Attachment: Preserve Amenities (2573 : Conservation Collier on proceeding with an option to guage public sentiment) Description FY17 Through FY21 (Year 5) FY17 Through FY26 (Year 10) Beginning Balance 34,922,091 34,922,091 Add: Operating Revenue 2,569,774 6,087,574 Less: Operating/Maint Costs (3,521,075) (6,830,088) Operating Gain/(Loss) (951,301) (742,514) Capital Acquisitions/Improvements (204,853) (204,853) Combined Conservation Collier Fund Balance 33,765,938 33,974,725 Balance Change (1,156,153) (947,366) Fund balance floor per policy is $32 million Conservation Collier Funds Financial Plan Five & Ten Year Summary FY17 through FY26 Funds (172, 174, 179, 272, 273, 674) H:\ENF\Divisions\Public Services\Conservation Collier\Financial Analysis\aCurrent Workpaper\Update 11-16-16\Update 11-30-16.xlsx 1/18/2017 11.C.3 Packet Pg. 403 Attachment: Financial Plan 5-10 Yr Summary (2573 : Conservation Collier on proceeding with an option to guage public sentiment)