Loading...
Agenda 06/13/2017 Item #11C06/13/2017 EXECUTIVE SUMMARY Recommendation to accept a report on a historical overview of the Conservation Collier Program, current activities, and planned future actions. OBJECTIVE: To respond to a Board of County Commissioners (Board) request to provide a brief overview of the Conservation Collier program. CONSIDERATIONS: The Conservation Collier program is a countywide ad valorem tax-funded initiative approved on November 5, 2002, by voters. At that time, a dedicated countywide ad valorem tax of .25 mills per $1,000 of taxable value was levied for a period of up to 10 years. Funds were to be spent on acquiring, protecting, restoring and managing environmentally sensitive lands in Collier County for the benefit of present and future generations. The Conservation Collier Implementation Ordinance 2007-65 was originally adopted by the Board on December 3, 2002 (Ordinance 2002-63). The Ordinances (attached) established the Conservation Collier program, which included the following components: An Acquisition Trust Fund A Land Management Fund The Land Acquisition Advisory Committee (LAAC aka CCLAAC) Criteria for determining the eligibility of properties for acquisition and management A process for nominating, ranking and selecting properties for acquisition A process and timeline for creating site management plans A list of allowable uses of environmentally sensitive lands A list of the responsibilities of the County Manager under the program During the program’s acquisition phase, nineteen preserves totaling 4,060 acres were acquired for a total cost of $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 retired. Since the time that the levy ceased, an additional 16.45 acres were added to the inventory from donations and “good deals” (i.e.; properties that become available apart from the formal acquisition process) for a current total of 4,090.01 acres (230 parcels). 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 accepting donations. Twelve of the nineteen preserves are open to the public. Some preserves, such as Shell Island and Camp Keais, were purchased as resource protection areas and may not be developed for public access. The remaining five preserves have access issues that need to be resolved so they can be open to the public at some point in the future. A preserve data table noting locations, acreage, year acquired, amenities, cost to acquire, and estimated annual maintenance cost is attached. The acquisition phase was closed in 2011 to direct sufficient funds into a maintenance trust fund at which time the Conservation Collier program moved to a preserve management phase; opening the preserves for public access, managing and hosting visitors, and working with students/volunteers at its open preserves. On May 27, 2014, the Board adopted Ordinance 2014-18, amending Ordinance 2002-63, as amended, modifying the role of the Land Acquisition Advisory Committee when active acquisition phases are not in place. On April 8, 2014, the Board approved a Ten-Year Financial Plan focused on streamlining expenditures, 11.C Packet Pg. 275 06/13/2017 establishing a combined program balance 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. On February 10, 2015, the Board approved Ordinance 2015-16, amending Ordinance 2002-63, as amended, that reduced the composition of the Land Acquisition Advisory Committee from nine (9) members to seven (7), and reduced the quorum from five (5) members to four (4) when the program is not in an active acquisition phase. On January 24, 2017, the Board was presented with a status report on 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 staff requested that the Board provide direction for the measurement of public sentiment. The Board, in a 3 - 2 motion, voted to direct staff to come back to the Board at their next meeting with some recommendations on how to gauge public support for this program, recommending that staff work with the Trust for Public Lands through the former chair of Conservation Collier, Ellen Goetz, on some ideas for finding a way to formally gauge public support for this program. At the next meeting, the Board was to determine the millage rate that would be used to gauge public support. On February 14, 2017, the Board, in a 3 - 2 motion, reauthorized the Conservation Collier program to resume land acquisition with the intent of levying an additional .25 mills for the 2017/2018 tax year; agreed to again, in the 2018/2019 budget cycle, vote to impose the tax in that budgeted year, and directed that in 2018 a referendum be held to determine whether to extend the program for an additional ten (10) years thereafter. On April 10, 2017, the Conservation Collier Land Acquisition Advisory Committee met to discuss Conservation Collier Reauthorization status, acquisition process review, and reinstatement of subcommittees. The agenda from that CCLAAC meeting is attached. On April 11, 2017, the Board approved to increase the Land Acquisition Advisory Committee (LAAC) membership from seven (7) members back to nine (9) members following the Board’s reactivation of a land acquisition phase for the Conservation Collier program. Status: As of early June, 1 (one) new acquisition application has been received: HHH Ranch. Staff is updating reports and is scheduled to present to CCLAAC on June 12 four (4) properties from previous Conservation Collier acquisition cycles: o Romack property in Red Maple Swamp, which was approved for purchase by the Board in 2009 but title issues halted acquisition; o Green & Green Investments property adjacent to Rookery Bay, which was on the A-list in 2006 but the previous owner refused the offer; o Gore property, which was on the B-list in 2009; and o Hack Living Trust property, a mangrove property on Sandpiper Street that was on the C- list in 2003. The Budget Office has increased the proposed tentative millage by .25 in the proposed FY17/18 budget. This is expected to generate approximately 19.8 million dollars to fund acquisitions and support ongoing maintenance. Staff is preparing office space for a temporary employee to assist with administrative a nd fiscal duties beginning in June through September 30. A permanent FTE operations analyst and land manager are included in the FY 18 budget request to be hired this fall. Going forward, staff plans to work collaboratively with CCLAAC, stakeholders, and the Board to 11.C Packet Pg. 276 06/13/2017 develop language for a referendum in the fall of 2018. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT: There is no growth management impact associated with this item. LEGAL CONSIDERATIONS: This item does not raise any legal issues and is approved for form and legality. - JAB RECOMMENDATION: To accept a report on an historic overview and status of the Conservation Collier program. Prepared by: Melissa Hennig, Senior Environmental Specialist, Parks and Recreation Division ATTACHMENT(S) 1. Data of Preserves (PDF) 2. 4 CCLAAC April 10, 2017 Agenda (PDF) 3. ARTICLE_IX.___CONSERVATION_COLLIER_PROGRAM (PDF) 4. Conservation Collier Report (PDF) 11.C Packet Pg. 277 06/13/2017 COLLIER COUNTY Board of County Commissioners Item Number: 11.C Doc ID: 3296 Item Summary: Recommendation to accept a report on a historical overview of the Conservation Collier Program, current activities, and planned future actions. (Barry Williams, Director, Parks and Recreation) Meeting Date: 06/13/2017 Prepared by: Title: Operations Analyst – Public Services Department Name: Hailey Margarita Alonso 05/31/2017 12:05 PM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 05/31/2017 12:05 PM Approved By: Review: Parks & Recreation Barry Williams Additional Reviewer Completed 06/01/2017 4:32 PM Public Services Department Hailey Margarita Alonso Additional Reviewer Skipped 06/02/2017 10:30 AM Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 06/02/2017 10:30 AM Public Services Department Sean Callahan Additional Reviewer Completed 06/02/2017 10:30 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/02/2017 1:06 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/02/2017 1:23 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/02/2017 1:57 PM Budget and Management Office Ed Finn Additional Reviewer Completed 06/02/2017 4:58 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/04/2017 10:40 AM Board of County Commissioners MaryJo Brock Meeting Pending 06/13/2017 9:00 AM 11.C Packet Pg. 278 Conservation Collier Preserves Preserve Name & Location Acreage Year Acquired Cost to Acquire Estimated Annual Cost for Maintenance Current Amenities Alligator Flag 7875 Immokalee Rd. 18.46 2006 $4,950,000 $4,200  Non-ADA trails  Bench  Sign Camp Keais 32.5 2008 2009 $81,250 $0  Public access prohibited Caracara Prairie 2320 Corkscrew Rd. Immokalee 367.7 2007 $5,032,000 $30,000  Non-ADA trails  Benches  Picnic table  Kissing gates Cocohatchee Creek 1880 Veterans Park Dr 3.64 2004 $476,200 $2,700  ADA and non-ADA trails  Picnic table  Benches  Trash & recycle cans  Signs Freedom Park 1515 GG Pkwy. 12.5 2006 $56,300 $2,700  ADA Boardwalk Gordon River Greenway 1590 Goodlette Frank 50.51 2006 2015 $2,485,900 $25,000  ADA Boardwalk  Trash & recycle cans  Fishing platform  3 Shade structures  Signage Logan Woods 831 Logan Blvd. 6.78 2005 $711,983 $2,200  Picnic table  Trash & recycling cans  Sign McIlvane Marsh Off CR 82 380.89 2007 - 2015 $2,807,291 $0  N/A Nancy Payton 1540 Blue Sage Drive 71 2005 2008 2010 $2,507,250 $8,000  Benches  Picnic tables  Unpaved parking Otter Mound 1831 Addison Ct. Marco Island 2.45 2004 2007 $2,234,000 $8,000  Bench  3-space parking lot  Trash & recycle cans  Sign Panther Walk 2845 60th Ave. NE Golden Gate Estates 10.69 2007 - 2014 $93,130 $1,100  Non-ADA trails  Sign Pepper Ranch 6315 Pepper Rd. Immokalee 2,511.9 2009 $32,525,080 $150,000  Parking  2 Campgrounds  Trash & recycle cans  Boardwalk  Lake Trafford overview  Non-ADA trails  Signage  Naturespace Playground  2 gates  Lodge Railhead Scrub 14510 Old 41 N. 135.36 2004 2007 $32,617,050 $22,000  Non-ADA trails Red Maple Swamp Shady Hollow Blvd. 208.87 2004 - 2017 $3,778,150 $7,500  N/A Rivers Road 2021 Rivers Road 76.74 2008 2010 $5,128,300 $38,000  Picnic table  Benches  Parking area  Non-ADA trails Red Root 1330 Limpkin Rd. 9.26 2006 $440,000 $1,200  Benches  Sign Shell Island Shell Island Rd. and Collier Blvd. 83.18 2005 $4,750,000 $5,000  Public Access Prohibited Wet Woods 12815 Tamiami Trail N. 26.77 2005 $2,160,000 $4,000  None at this time. Winchester Head 39th Ave. NE Golden Gate Estates 80.81 2005 - 2016 $1,480,085 $16,200  N/A 11.C.1 Packet Pg. 279 Attachment: Data of Preserves (3296 : Report on an historic overview and status of the Conservation Collier program.) CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE April 10, 2017, 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building “F”), Third Floor AGENDA I. Roll Call II. Approval of Agenda III. Approval of January 9, 2017 Meeting Minutes IV. Old Business: A. Conservation Collier Reauthorization 1. Status and discussion 2. Acquisition Process overview 3. Reinstate subcommittees: Ordinance, Policy & Rules, Lands Evaluation & Management, Outreach V. New Business A. Applications and Nomination B. Brochures - Draft Main Brochure and Rack Card C. Cattle Lease Extension for Caracara Prairie Preserve D. Preserve Accessibility (Requested by Michael Seef) E. FWC Panther Outreach Specialist Jayne Johnston F. General Land Management Update VI. Coordinator Communications A. BCC Items 1. LDC Amendment – Offsite Preservation - Status 2. Greenway Interpretive Sign panels - Status B. Misc Items VII. Subcommittee Reports A. LDC donation Endowments – Chairman: Tracey Dewrell B. Trees Subcommittee – Chairman - to be determined at the meeting on 3/30/17 C. Trails – Chairman: Michael Seef D. Education – Chairwoman: Susan Calkins E. Chair Committee Member Comments – Report on Path of the Panther lecture at Corkscrew Swamp Sanctuary on Friday, March 24th. 11.C.2 Packet Pg. 280 Attachment: 4 CCLAAC April 10, 2017 Agenda (3296 : Report on an historic overview and status of the Conservation Collier program.) VIII. Public General Comments IX. Staff Comments X. Next Meeting / Adjourn ****************************************************************************************************** Committee Members: Please notify Alexandra Sulecki at 252-2961 no later than 5:00 p.m. on April 7, 2017 if you cannot attend this meeting or if you have a conflict and will abstain from voting on an agenda item. 11.C.2 Packet Pg. 281 Attachment: 4 CCLAAC April 10, 2017 Agenda (3296 : Report on an historic overview and status of the Conservation Collier program.) Page 1 ARTICLE IX. - CONSERVATION COLLIER PROGRAM Sec. 54-271. - Name. This article shall be known as Conservation Collier Implementation Ordinance. (Ord. No. 02-63, § 1, 12-3-02) Sec. 54-272. - Objectives. Conservation Collier 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. (Ord. No. 02-63, § 2, 12-3-02) Sec. 54-273. - Findings. (a) The foregoing recitals are true and correct and incorporated herein by reference. (b) All ad valorem funds generated hereby shall be collected by the Collier County Tax Collector. (c) The county manager or his or her designee, shall administer this program in accordance with the procedures and criteria provided for herein. (Ord. No. 02-63, § 3, 12-3-02) Sec. 54-274. - Purpose and intent. (a) 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; (b) To acquire, protect and manage environmentally sensitive lands that offer the best human social value, including equitable geographic distribution, natural resource based recreation, and protection of water resources, local ecological awareness, and enhancement of the aesthetic setting of Collier County; (c) To acquire, protect and manage environmentally sensitive lands that serve to rec harge 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; (d) To acquire, protect and manage environmentally sensitive lands containing the most biological value, including biodiversity, listed species habitat, connectivity, restoration potential, and ecological quality; (e) 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; (f) To restore the natural functions, as necessary, to any imp acted and vulnerable habitats which would then contribute significantly to fulfilling this program's goals; 11.C.3 Packet Pg. 282 Attachment: ARTICLE_IX.___CONSERVATION_COLLIER_PROGRAM (3296 : Report on an historic overview and status of the Conservation Page 2 (g) 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; (h) 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; (i) To manage acquired environmentally sensitive lands with the primary objectives of maintaining and preserving their natural resource values, and providing appropriate natural resource -based recreational and educational opportunities, by employin g 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; (j) 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; (k) To protect natural resources which lie within the boundaries of other conservation land acquisition programs, where Conservation Collier 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, however, Collier County shall exclude municipalities within the County from any requirement to provide matching funds; and (l) To cooperate actively with other acquisition, conser vation, 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 purposes of Conservation Collier as stated hereinabove. (Ord. No. 02-63, § 4, 12-3-02) Sec. 54-275. - Definitions. The following words and phrases, when used in this article, 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. 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 includes among its primary 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. 11.C.3 Packet Pg. 283 Attachment: ARTICLE_IX.___CONSERVATION_COLLIER_PROGRAM (3296 : Report on an historic overview and status of the Conservation Page 3 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 Conservation Collier, includ ing provision of appropriate public access. Target protection areas shall mean larger areas of environmentally sensitive land within which are located specific sites which generally satisfy the initial screening criteria and meet the goals of Conservation Collier. Natural resource-based recreation shall mean all forms of uses which are consistent with the goals of this program, and are compatible with the specific parcel. Such uses shall include, but not be limited to, hiking, nature photography, bird-watching, kayaking, canoeing, swimming, hunting and fishing. (Ord. No. 02-63, § 5, 12-3-02) Sec. 54-276. - Creation of the Conservation Collier Acquisition Trust Fund. Collier County shall establish the Conservation Collier Acquisition Trust Fund for use in acquiring environmentally sensitive lands in Collier County. This fund shall receive and disburse monies in accordance with the provisions herein. (1) The Conservation Collier Acquisition Trust Fund shall receive monies from the following sources: a. All monies accepted by Collier County in the form of federal, state, or other governmental grants, reimbursements, 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 purpose 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 Conservation Collier Management Trust Fund, but only with the approval of the Collier County Board of County Commissioners. e. Up to 85 percent of all ad valorem revenues collected for Conservation Collier. f. The proceeds of any property acquired with funds from the Conservation Collier 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 Conservation Collier Acquisition Trust Fund or to the Conservation Collier Management Trust Fund for the purposes p rovided for herein. Any such sale or lease shall only be in accordance with the goals of this program. g. Prior to acquiring land located within a municipality's boundaries, approval must first be obtained from the governing body of that municipality. (2) The Conservation Collier 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 Conservation Collier Acquisition Trust Fund shall be made only for the following authorized purposes. a. Acquisition of properties which have been approved for purchase by the Board of County Commissioners. b. Costs associated with each acquisition including, but not limited to, appraisals, su rveys, environmental reports, title commitments and insurance policies, real property taxes, documentary stamps and surtax fees, and other transaction costs. c. Costs of administering Conservation Collier, including any loans from the general fund for funding start-up costs until such time as the fund is closed Administration of the program 11.C.3 Packet Pg. 284 Attachment: ARTICLE_IX.___CONSERVATION_COLLIER_PROGRAM (3296 : Report on an historic overview and status of the Conservation Page 4 may be conducted by county staff or by contract with a private or not for profit entity subject to meeting all County and Conservation Collier purchasing policies administrative costs shall be limited to the greatest extent possible. d. To undertake and carry out studies and analyses of county conservation land needs and ways of meeting those needs, limited to no more than $150,000.00. e. To acquire and dispose of real and personal property or any interest therein when necessary or appropriate to protect the natural environment, provide public access or public recreational facilities, preserve wildlife habitable areas or provide access to m anagement of acquired lands, to acquire interests in land by means of land exchanges, and to enter into alternatives to the acquisition of fee interests in land, including, the acquisition of easements, life estates, leases, and leaseback arrangements. f. Acquisitions consistent with the Collier County Land Development Code 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. All lands acquired and titled solely in the name of Collier County shall be managed by Collier County, wherever located, unless by mutual written agreement management arrangements and responsibilities are undertaken with other local, regional, state, or federal agencies. All lands jointly acquired with other local, regional, state, or federal agencies, including municipalities, shall include, as part of the acquisition process, some mutual written agreement regarding the responsibilities of the joint owners for maintenance. i. 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. j. 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 F.S. § 215.47 as amended. k. 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. l. To engage the services of private consultants on a contract basis for renderi ng professional and technical assistance and advice. m. To identify parcels of land that would be appropriate acquisitions. n. 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. (Ord. No. 02-63, § 6, 12-3-02; Ord. No. 07-65, § 6) Sec. 54-277. - Creation of the Conservation Collier Management Trust Fund. There is hereby created the Conservation Collier Management Trust Fund (hereinafter referred t o as the Conservation Collier Management Trust Fund) for the preservation, enhancement, restoration, 11.C.3 Packet Pg. 285 Attachment: ARTICLE_IX.___CONSERVATION_COLLIER_PROGRAM (3296 : Report on an historic overview and status of the Conservation Page 5 conservation and maintenance of environmentally sensitive lands that either have been purchased with monies from the Environmentally Sensitive Lands Acquis ition Trust Fund, or have otherwise been approved for management. The Finance Director is hereby authorized to establish the Conservation Collier Management Trust Fund and to receive and disburse monies in accordance with the provisions of this section. (1) The Conservation Collier 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 Conservation Collier Management Trust Fund shall receive mo nies from the following sources: a. Ad-valorem taxes collected for Conservation Collier in an amount no less than 15 percent 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 Conservation Collier 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 Conservation Collier. d. All interest generated from the sources identified herein, except where monies received have been otherwise designated or restricted. e. Supplementation from the Conservation Collier Acquisition Trust Fund, but only with the approval of the Collier County Board of County Commissioners. (3) Disbursements from the Conservation Collier Managem ent Trust Fund shall be made by the County Manager or his or her designee only in accordance for the authorized purposes set forth herein. (Ord. No. 02-63, § 7, 12-3-02; Ord. No. 2011-12, § 1) Sec. 54-278. - Land Acquisition Advisory Committee. 1. Creation and purpose. The Land Acquisition Advisory Committee is hereby established to assist the Board of County Commissioners in establishing an Active Properties Acquisition List with qualified purchase recommendations consistent with the goals of Conservation Collier. When active acquisition phases are not in place, the Land Acquisition Committee's role shall be to review and make recommendations to the Board on the management and programs of the preserved land. 2. Appointment and Composition. The Land Acquisition Advisory Committee shall be composed of nine (9) members who are appointed by and will serve at the pleasure of the Board of County Commissioners in accordance with Ordinance No. 2001-55, as amended. When active acquisition phases are not in place, the Land Acquisition Advisory Committee shall be composed of seven (7) members. Membership of the Land Acquisition Advisory Committee shall comprise broad and balanced representation of the interests of Collier County citizens, including: a. Environmental, land management, and conservation interests in Collier County; b. Agricultural and business interests in Collier County; c. Educational interests in Collier County; and d. General civic and citizen interests from throughout the county. Individual members of the Land Acquisition Advisory Committee shall have expertise, knowledge or interest in ecology, conservation of natural resources, real estate or land acquisition, land appraisal, 11.C.3 Packet Pg. 286 Attachment: ARTICLE_IX.___CONSERVATION_COLLIER_PROGRAM (3296 : Report on an historic overview and status of the Conservation Page 6 land management, eco-tourism or environmental education. A nom inee shall submit to the Board of County Commissioners written evidence of his or her expertise, knowledge or interest in any of the above. The members of this Committee should include representatives from different areas of Collier County. 3. Terms of office. The initial terms of office of the members shall be staggered between the individual interests, for balance purposes, and be set as follows: a. Three (3) members shall serve three (3) years. b. Three (3) members shall serve two (2) years. c. Three (3) members shall serve one (1) year. Thereafter, all appointments shall be for a term of three (3) years. The process for appointments and terms of office shall be governed by Collier County Ordinance No. 2001-55, as amended. 4. Officers, Quorum and Rules of Procedure. At its earliest opportunity, the membership of the Committee shall elect a chairperson and vice chairperson from among the members. Officers' terms shall be for a period of one (1) year, with eligibility for re-election. The presence of five (5) or more members shall constitute a quorum of the Committee necessary to take action and transact business, unless active acquisition phases are not in place, in which case four (4) or more members shall constitute a quorum. The Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business. The Land Acquisition Advisory Committee shall comply with the applicable requirements of the Florida Sunshine Law, and shall keep a written record of meetings, resolutions, findings and determinations in accordance with F.S. ch. 112. Copies of all Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. 5. Attendance and vacancies. Committee member attendance requirements, including failure to attend meetings and member removal from office are governed by Collier County Ordinance No. 2001-55, as amended. 6. Functions, Powers and Duties of the Land Acquisition Advisory Committee. The Land Acquisition Advisory Committee shall have the following duties and responsibilities: a. The Land Acquisition Advisory Committee'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 Conservation Collier and pursuant to the policies outlined herein below. b. The Land Acquisition Advisory Committee may, from time to time, recommend to the Board of County Commissioners proposed expenditures from the Conservation Collier Trust Funds; additional selection or acquisition policies, procedures, and programs; and other such matters as may be necessary to fulfill the purposes of Conservation Collier. However, the goals and primary criteria of Conservation Collier may not be modified except by Countywide referendum vote. c. The Land Acquisition Advisory Committee 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 p art of the County. The actions and recommendations of the Land Acquisition Advisory Committee are advisory only and shall not be binding upon the County unless approved or adopted by the Board of County Commissioners. d. At such time as there are insuffic ient 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. All remaining Conservation Collier Acquisition Trust Fund monies shall then be transferred to the Conservation Collier Management Trust Fund. Thereafter, unless and until additional funds are appropriated by the Board for the purpose of acquiring ad ditional Conservation Collier Program acquisitions, the Land Acquisition Advisory Committee shall 11.C.3 Packet Pg. 287 Attachment: ARTICLE_IX.___CONSERVATION_COLLIER_PROGRAM (3296 : Report on an historic overview and status of the Conservation Page 7 generally meet on a quarterly basis to review and make recommendations to the Board as warranted regarding the management and programs of the preserved land. (Ord. No. 02-63, § 8; Ord. No. 07-65, § 8; Ord. No. 2014-18, § 1; Ord. No. 2015-16, § 1) Sec. 54-279. - Property eligible for acquisition and management. (a) Properties eligible to be considered for acquisition and management under Conservation Collier shall be only environmentally sensitive lands available from willing and voluntary participants. (b) Acquisition of property shall not be constrained based on the immediate availability of management money. (c) 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 Conservation Collier shall be evaluated as provided for herein below and may only be accepted and approved for management by the Board of County Commissioners. (Ord. No. 02-63, § 9) Sec. 54-280. - Criteria for evaluating lands for acquisition and management. (a) 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: (1) Land with the most rare, unique and endangered habitats found in Collier County, order of preference tropical hardwood hammocks, xeric oak scrub, coastal grand, native beach, xeric pine, riverine oak, high marsh (saline, tidal freshwater marsh, other native habitats. (2) Lands offering the best human social values, including equitable geographic distribution, appropriate access for natural resource-based recreation, and enhancement of the aesthetic setting of Collier County. (3) Land which protects the most water resource values, including aquifer recharge, water quality, wetland dependant species habitat, and flood control. (4) Land containing the most biological value, including biodiversity, listed species habitat, connectivity, restoration potential, and ecological quality. (5) Land which enhances and/or protects the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor. (6) Any qualified land which meets at least two of the above criteria, and has matching funds available and/or which Conservation Collier funds availability would leverage a significantly higher funding rank in another acquisition program. (b) Those proposed acquisition proposals which are initially qualified under the sc reening criteria shall be evaluated and ranked by the staff and land acquisition advisory committee using secondary ranking criteria based on site visit information which confirms or refines 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), overall resource ecological quality (to prefer highest quality of similar parcels) and the estimated feasibility and costs of mana gement (to prefer most manageable parcels). (c) The Board of County Commissioners hereby shall approve and make a part hereof the attached initial list of target protection areas within which are located specific sites which generally satisfy the initial screening criteria and meet the goals of Conservation Collier inclusion on this list is not a guarantee of any specific purchase. All specific proposals will be evaluated and ranked by staff and the land 11.C.3 Packet Pg. 288 Attachment: ARTICLE_IX.___CONSERVATION_COLLIER_PROGRAM (3296 : Report on an historic overview and status of the Conservation Page 8 acquisition advisory committee for a recommendation of approval to the Board of County Commissioners. In accordance with the goals, policies and procedures of this Conservation Collier Implementation Ordinance, the following list is the first target protection areas adopted for consideration by the land acquisition advisory committee, county staff and the Board of County Commissioners. (1) All designated urban lands on the Future Land Use Map of the Collier County Growth Management Plan with predominantly native vegetative cover. (2) All Collier County Natural Resource Protection Areas and Sending Lands, as shown on the Future Land Use Map of the Collier County Growth Management Plan. (3) All undeveloped lands with predominately native vegetative cover in the Northern Golden Gate Estates, as shown on the Future Land Use Map of the Collier County Growth Management Plan. (4) The Flow-Way and Habitat Stewardship Areas as depicted on the Futur e Land Use Map of the Collier County Growth Management Plan. (d) The county manager shall prepare and periodically update for presentation to the Board of County Commissioners, a Conservation Collier Program Manual, developed by staff and the land acquisi tion advisory committee, which, upon approval by the Board of County Commissioners, shall be used as a guide for implementing the provisions of this article, and shall also include the initial and secondary criteria listed herein above for evaluating Conservation Collier 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 land acquisition advisory committee, even if the manual has not been completed. (Ord. No. 02-63, § 10; Ord. No. 07-65, § 10) Sec. 54-281. - Acquisition list. The overall Conservation Collier Acquisition List shall consist of two specific lists the target protection areas list and the active acquisition list. The land acquisition advisory committee and Board of County Commissioners shall approve both in accordance with the procedures set forth below. (1) The target protection areas list shall consist of lands representing the highest natural reso urce values (such as natural resource protection areas), but generally not specific parcels, and is initially approved by the Board of County Commissioners and updated periodically by the Board of County Commissioners and land acquisition advisory committee. It is established and updated in accordance with Conservation Collier goals, procedures and criteria. (2) The active acquisition list shall consist of criteria-qualified sites that have been selected from target protection areas, as well as qualified acquisition proposals submitted to the land acquisition advisory committee by the public, all of which have had applications submitted by property owners. The active acquisition list shall separate proposals into three categories. A (pursue acquisition), B (hold for re-ranking in the next eyelet, and C (no interest in acquiring). The A-category parcels/protects shall be further categorized as 1 (high priority) 2 (medium property) and 3 (low priority), in order to give county staff direction as to priorit y for acquisition tasks. The active acquisition list shall be updated periodically according to Conservation Collier procedures and criteria. Site acquisition proposals that receive the highest evaluations pursuant to the Conservation Collier criteria and for which acquisition is feasible will be placed on this list, pending recommendation by the land acquisition advisory committee and approval by the Board of County Commissioners. 11.C.3 Packet Pg. 289 Attachment: ARTICLE_IX.___CONSERVATION_COLLIER_PROGRAM (3296 : Report on an historic overview and status of the Conservation Page 9 (3) Once approved by the Board of County Commissioners, the county shall ac tively pursue acquisition of A-category projects on the active acquisition list. All sites shall be pursued on a voluntary "willing participant" basis only, without the use of the county's eminent domain powers. (4) Projects will only be removed from the active acquisition List by successful purchase of the site, approval of the next succeeding list, withdrawal of positive interest by the property owner, or by resolution of the Board of County Commissioners. Projects removed may still be considered at a later time. (Ord. No. 02-63, § 11, 12-3-02; Ord. No. 07-65, § 11) Sec. 54-282. - Nomination of acquisition proposals and candidate sites. (a) Nominations for the Conservation Collier Program may be made by any person or organization, including Collier County, regional, state or federal agencies, by contracting program staff in writing and providing positive identification of the parcel/project through a map or folio number(s). Staff will send an inquiry to the owner in the form of an interest letter advisi ng of the nomination and asking if the owner wishes to submit an application for consideration to the Conservation Collier Program. (b) An owner may nominate his or her own property by submitting an application. (c) County staff will send letters of interest to property owners within target protection areas as directed by the land acquisition advisory committee asking if the owner wishes to submit an application for consideration to the Conservation Collier Program. (d) An application submitted by the property owner to the county manager or his designee shall be evidence of a willing seller. (e) While 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), applications shall be gathered and evaluated within the framework of an acquisition cycle, which time frame shall be publicly announced. (f) 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 Conservation Collier. (g) Owner interest shall be disclosed in applications in the same manner as required of zoning applicants by the Collier County Land Development Code. (Ord. No. 02-63, § 12; Ord. No. 07-65, § 12) Sec. 54-283. - Procedure for selection of acquisition proposals for placement on the active acquisition list and subsequent purchase procedures. (a) Acquisition proposals for which applications have been received shall be prescreened using the initial screening criteria. Those that satisfy two out of six of the initial screening criteria sha ll be forwarded to the land acquisition advisory committee for a vote for a complete evaluation. (b) Acquisition proposals which do not satisfy the initial screening criteria or which satisfy initial screening criteria but for other reasons may not fulfill the purposes of Conservation Collier will be reported to the land acquisition advisory committee and shall not be evaluated further unless at least five members of the land acquisition advisory committee vote for a complete evaluation. (c) Proposals which satisfy the initial screening will be further evaluated for presentation to the land acquisition advisory committee for review and ranking. Evaluation shall include a site visit, which staff shall coordinate with the property owner, and which may include one advisory committee member, review of information about the parcel(s) available in the county's electronic databases and research 11.C.3 Packet Pg. 290 Attachment: ARTICLE_IX.___CONSERVATION_COLLIER_PROGRAM (3296 : Report on an historic overview and status of the Conservation Page 10 into any other records retained by the county about the parcel(s). Using both observed and gathered data staff shall prepare an Initial Criteria Screening Report (ICSR) which will include boundary and location maps for each site, descriptions of the biological and hydrological characteristics, including initial criteria satisfied, 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 and estimated value, and any potentially available matching funds. (d) Upon completion of the ISCR, the land acquisition advisory committee shall hold a public hearing for presentation of information contained in the ICSR 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. (e) Alter all properties within the current acquisition cycle have been presented, (the land acquisition advisory committee shall evaluate all qualified proposals using criteria as documented in the ICSR along with, public comments, and their own experience and judgments, and then rank the parcels according to the A, B and C ranking categories to create a recommended active acquisition list at a public hearing. Additional meetings may be called to complete this task. (f) The recommended active acquisition List shall be forwarded to the Board of County Commissioners, who, in a public meeting, shall vote on whether to approve all or part of the proposed active acquisition list properties may be added but any additional properties must be subjected to the entire evaluation process. (g) County staff shall notify property owners and the public of the final approved active acquisition list. (h) After approval of the active acquisition list, real estate services staff will arrange for appraisals for A - category parcels/projects and when appraisals are received make an offer to the owner(s) pursuant to the approved Conservation Collier Land Acquisition Purchase Policy (Resolution No. 2003-195, or as superseded) parcels located within the Rural Fringe Mixed Use District "Sending" lands are subject to additional requirements regarding transfer of development rights (TDR) credits, as specified in the Conservation Collier Land Acquisition Purchase Policy, Resolution No. 2003-195, or as superseded. Once an offer is accepted, real estate services staff will prepare a contract and request the owner sign. This signed contract will be presented to the land acquisition adv isory committee at a public meeting to decide, by majority vote, whether to recommend approval of the contract to the Board of County Commissioners. Along with the contract, staff will provide a project design report for each parcel/project, including cost, history, purpose of project, and program qualifications. (i) After obtaining a recommendation from the land acquisition advisory committee, the contract, project design report and land acquisition advisory committee recommendation will be presented to the Board of County Commissioners at a public hearing for their review and approval. (j) The Board of County Commissioners shall have final approval authority for the contract terms for each proposed project and shall authorize any and all purchases. (k) Once a contract has been approved and executed by the Board of County Commissioners in accordance with county policies, real estate services staff shall proceed to close on the purchase of property in accordance with county policies. (Ord. No. 02-63, § 13; Ord. No. 07-65, § 13) Sec. 54-284. - Management plans and use of environmentally sensitive lands. (a) No later than 90 days from the date of acquisition, an interim management plan for any property acquired shall be submitted by county staff to the lan d acquisition advisory committee 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 management pursuant to the board's direction. Any such interim management plan(s) shall not be implemented for more than two years after acquisition of the 11.C.3 Packet Pg. 291 Attachment: ARTICLE_IX.___CONSERVATION_COLLIER_PROGRAM (3296 : Report on an historic overview and status of the Conservation Page 11 property, prior to the expiration of two years, either a new management plan shall be implemented or, by affirmative action of the Board, the interim plan shall continue. (b) A final management plan, with required review and updating every ten years, shall be prepared, with review and input of the land acquisition advisory committee, for each property acquired by Conservation Collier which shall: (1) Identify such managem ent activities as are necessary to preserve, enhance, restore, conserve, maintain or monitor the resource, as appropriate; and (2) Identify such uses as are consistent with the preservation, enhancement, restoration, conservation and maintenance of the resource; and (3) Estimate the annual costs of managing the project. (c) 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 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 land acquisition advisory committee for their input and recommendations and then submitted to the Board of County Commissioners for approval. (d) All management plans shall be consistent with the purposes set forth herein. All properties acquired or managed through Conservation Collier shall be managed in accordance with the app roved management plan for that property. (e) No use, infrastructure, or improvement shall be permitted on any property acquired or managed under Conservation Collier that is inconsistent with the purposes of the program or that is not provided by an approved management plan for the property. (f) The County will seek cooperative management arrangements with other agencies and entities, in keeping with the approved management plans and goals of Conservation Collier. (g) Purchasing land using Conservation Collier program funds permanently extinguishes all development rights except those strictly compatible with the purposes and goals of Conservation Collier, unless such lands are exchanged for similar lands within and between multi-parcel projects that have been previously recommended by the Conservation Collier Land Acquisition Advisory Committee and approved by the Board of County Commissioners in accordance with the goals and purposes of the program. In case of these land exchanges, development rights are restored to those properties exchanged out of County ownership. (h) Public access is an important element of management and this program. Examples of permitted uses, subject to compatibility with specific parcels, include hiking, nature photography, bird watching, kayaking, canoeing, swimming, hunting and fishing. 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 Co unty's subtropical ecosystems and natural communities. (Ord. No. 02-63, § 14; Ord. No. 07-65, § 14) Sec. 54-285. - Responsibilities of the county manager. The County Manager shall facilitate such activities, designate such staff, and assign such responsibilities as are necessary to fulfill the purposes of this article. (Ord. No. 02-63, § 15; Ord. No. 07-65, § 15) Sec. 54-286. - Sunset of the Conservation Collier ad valorem tax. 11.C.3 Packet Pg. 292 Attachment: ARTICLE_IX.___CONSERVATION_COLLIER_PROGRAM (3296 : Report on an historic overview and status of the Conservation Page 12 (a) The Conservation Collier special tax revenue will sunset after ten years, unless reauthorized through similar voter referendum approval. (b) The management trust fund continues in perpetuity, as long as Conservation Collier lands remain in County hands. (Ord. No. 02-63, § 16) Secs. 54-287—54-300. - Reserved. 11.C.3 Packet Pg. 293 Attachment: ARTICLE_IX.___CONSERVATION_COLLIER_PROGRAM (3296 : Report on an historic overview and status of the Conservation 11.C.4 Packet Pg. 294 Attachment: Conservation Collier Report (3296 : Report on an historic overview and status of the Program Objectives 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. 11.C.4 Packet Pg. 295 Attachment: Conservation Collier Report (3296 : Report on an historic overview and status of the Overview Ø Approved in 2002 referendum by 60% of voters and again in 2006 referendum by 82% of voters. Ø Funded by ad valorem taxes (.25 mills) through 2013 - $153.1 million -85% acquisition / 15% management Ø Acquired 4,084 acres in 19 locations for $103.9 million Ø Grant Funded Management (2004 –2017) -$820,700 Ø BCC suspended buying 2011; levy ended in 2013 Ø BCC in Feb 2017: Ø Reinstated acquisition portion of program, Ø Authorized up to $17 million to be used from existing funds, to be repaid with a .25 millage increase for 2018 (anticipated to bring in $19.8 million), and Ø Directed that ongoing funding be brought to referendum in 2018 11.C.4 Packet Pg. 296 Attachment: Conservation Collier Report (3296 : Report on an historic overview and status of the 11.C.4 Packet Pg. 297 Attachment: Conservation Collier Report (3296 : Report on an historic overview and status of the Conservation Collier Revenues and Expenses 2003-2016 11.C.4 Packet Pg. 298 Attachment: Conservation Collier Report (3296 : Report on an historic overview and status of the Current Willing Seller Properties: 11.C.4 Packet Pg. 299 Attachment: Conservation Collier Report (3296 : Report on an historic overview and status of the 11.C.4 Packet Pg. 300 Attachment: Conservation Collier Report (3296 : Report on an historic overview and status of the Re -activation to Date: •Resume monthly Land Acquisition Advisory Committee (LAAC) meetings •Bring LAAC membership back up to 9 members 11.C.4 Packet Pg. 301 Attachment: Conservation Collier Report (3296 : Report on an historic overview and status of the Moving Forward: •Review past “A”and “B” list properties, plus any other properties identified for consideration for purchase over the next 30-90 days. •Consider incidental applications received this year, if timing permits •Review list of properties and select which ones will be fully evaluated •Review fully evaluated properties •Rank properties (LACC) for recommendation to the Board in December 2017 •Develop a Target Protection Areas Mailing strategy for the FY18 cycle •Put out a call for nominations for the next cycle in January 2018. 11.C.4 Packet Pg. 302 Attachment: Conservation Collier Report (3296 : Report on an historic overview and status of the