CCLAAC Agenda 12/03/2018
CONSERVATION COLLIER
LAND ACQUISITION ADVISORY COMMITTEE
December 3, 2018, 9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building “F”), Third Floor
AGENDA
I. Roll Call – Welcome to New Member Brittany Patterson-Weber; Introduction and welcome to
New Coordinator Summer Araque
II. Approval of Agenda
III. Approval of September 8, 2018 Meeting Minutes
IV. Old Business:
A. Cycle 9 Acquisition - Update
B. Conservation Collier Ordinance Revisions
V. New Business:
A. Pepper Ranch Preserve Land Management Plan 5-Year Update
B. Annual Report 2016-18
C. Panel for Naples Preserve Hedges Family Eco-Center
VI. Coordinator Communications
A. BCC Items
B. Misc Items
VII. Subcommittee Reports
A. Lands Evaluation & Management – Chair, Bill Poteet - Last Meeting 9/5/18
B. Outreach- Chair, Michael Seef - Last Meeting 11/14/18
C. Ordinance Policy and Rules, Chair, Pat Sherry – Last Meeting 10/4/18
VIII. Chair Committee Member Comments
IX. Public General Comments
X. Staff Comments
XI. Next Meeting / Adjourn
******************************************************************************************************
Committee Members: Please notify Alexandra Sulecki at 252-2961 no later than 5:00 p.m. on November 29, 2018 if
you cannot attend this meeting or if you have a conflict and will abstain from voting on an agenda item .
26.A.2
Packet Pg. 555 Attachment: CCLAAC Meeting Agenda - December 3, 2018 (7584 : Land Acquisition Advisory Committee - December 3, 2018)
Conservation Collier December 3, 2018 Agenda Item IV.A.
1
Cycle 9 Property Updates:
• Barron Collier Partnership LLLP –
Sanitation/Bethune – The Sanitation property contains
the 16-acre closed Eustis Avenue Landfill. This has
always been a County Landfill, so the County has
always had some measure of liability, but if acquired,
the County will have all the liability. This is an unlined
landfill that was closed in 1992 and was released from
Long Term Care by the Florida Department of
Environmental Protection (FDEP) in 2012. Staff
ordered a Phase 1 Environmental Site Assessment
(ESA). The consultant has advised, after discussions
with FDEP, that if no development of the site or
disturbance of the landfill is planned, there is no need to retest groundwater. The consultant
found 3 RECs: localized household debris dumping on the edges, debris in the slough and a
questionable above-ground-storage tank adjacent but did not recommend further groundwater
testing unless hazardous substances were found during removal of debris.
• Half Circle L Ranch – Providing public access to
the portions offered will require:
o Access Easement - The owners will provide a
public easement at no charge to the County but
would ask that the County assist with annual
road grading. An easement can be developed
prior to purchase.
o New 20’ wide limerock road construction of
approx. 1.5 miles - $115,350
o Annual maintenance by the County of approx.
4.5 miles of lime rock roads - $15,000
o Parking area - construction for a 10-vehicle lime
rock parking area - $25,000
A ballpark estimate to provide access would be approximately $180,350 and $15,000/year
thereafter if the road maintenance/grading was done in-house and $45,000/year if done by a
private vendor. Owners are also requesting the County fence the access road at an estimated
cost of $153,760.
• Barron Collier Partnership LLLC – Big Hammock
Area 1 – This parcel contains an inactive oil well.
Staff ordered a Phase I ESA to determine if there are
any pollution concerns. The Phase I ESA found 3
RECs: the cattle pen, a staging area and ag fields,
but did not consider the oil well a concern. Further
soil and groundwater testing was recommended at a
cost of $21,100.
• Barron Collier Partnership LLLC – Big Hammock
Area 2 – This area is part of SSA #13 and has had
credits removed. No environmental testing was done
26.A.3
Packet Pg. 556 Attachment: Cycle 9 Property Updates (7584 : Land Acquisition Advisory Committee - December 3, 2018)
Conservation Collier December 3, 2018 Agenda Item IV.A.
2
as this area is a marsh and has not been used in the past for other than cattle forage in dry
season. The appraisals were significantly higher than estimated, with an average value for both
parcels of $4,184,000. The approximate area offered is also list ed with Fayranches.com for
$6,900,000. The CREW Trust is willing to partner for these acquisitions, offering $10,000
towards the purchase price of Area1 and $5,000 towards the purchase of Area 2 (CREW Trust
partnership offer letter attached).
Appraised Values and Associated Acquisition Costs:
Name Acres Priority #Est. Value Appr Value
Expended
Costs:
Appraisals
Expended
Costs: ESA I
Est.
Closing
Costs Total Costs
Gore 169 2 $759,915 $720,000 $5,050 $0 $10,450 $735,500
Green & Green 28.70 3 $631,400 $860,000 $8,950 $0 $4,100 $873,050
BCI LLLP - Sanitation/Bethune 400.65 4 $1,121,400 $4,800,000 $12,000 $5,000 $7,100 $4,824,100
Berman 2.34 5 $16,146 $18,500 $350 $0 $750 $19,600
SD Corp/Cypress Landings II 37.16 6 $2,266,760 $1,580,000 $7,250 $5,000 $9,650 $1,601,900
Half Circle L Ranch 1,920.00 7 $5,760,000 $5,857,000 $6,050 $0 $18,650 $5,881,700
BCI LLLP - Big Hammock Area I 235.00 8 $545,200 $1,975,000 $3,250 $26,100 $3,600 $2,007,950
BCI LLLP - Big Hammock Area II 799.40 9 $1,199,000 $2,025,000 $3,250 $0 $7,650 $2,035,900
TOTALS 3,592.12 $12,299,821 $17,835,500 $46,150 $36,100 $61,950 $17,979,700
68.96%$5,005.32
Average cost per acre
26.A.3
Packet Pg. 557 Attachment: Cycle 9 Property Updates (7584 : Land Acquisition Advisory Committee - December 3, 2018)
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DRAFT
ORDINANCE NO. 2018-______
AN ORDINANCE AMENDING ORDINANCE NO. 2002-63,
WHICH ESTABLISHED THE CONSERVATION COLLIER
PROGRAM, BY REVISING WHEREASES; SECTION
FOUR: PURPOSE AND INTENT; SECTION FIVE:
DEFINITIONS; SECTION SIX: CREATION OF THE
CONSERVATION COLLIER ACQUISITION FUND;
SECTION SEVEN: CREATION OF THE CONSERVATION
COLLIER MANAGEMENT TRUST FUND; AND SECTION
EIGHT: LAND ACQUISITION ADVISORY COMMITTEE;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Collier County has studied various methods 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 and 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 the Community Character Plan, the Comprehensive Growth Management
Plan, which recommend acquisition of environmentally sensitive lands; and
WHEREAS, it is recognized that Collier County has various programs in existence
within non-urban areas to provide incentives to encourage conservation of environmentally
sensitive lands within those areas; and
WHEREAS, on Tuesday, November 5, 2002, the electorate of Collier County authorized the
County to levy a 0.25 mill ad valorem property tax for a period not to exceed 10 (ten) 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
Commented [S1]: 1. This language provides a reason for urban
preference. Commissioner Recommended.
Commented [S2]: 2. This is historical and may not be needed
at this time. Commissioner recommended.
26.A.4
Packet Pg. 558 Attachment: CC Ord-Commissioner Consensus-10-4-18 (7584 : Land Acquisition Advisory Committee - December 3, 2018)
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rare and endangered flora and fauna merit the most protection any county’s citizens’ could offer;
and
WHEREAS, it is the intent of the Board of County Commissioners of Collier County to
establish Conservation Collier 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; and
WHEREAS, the Collier County Board of County Commissioners recognizes the need for
the creation of an advisory board to advise the County and the public in the implementation of
the program and the selection of project sites for acquisition; and
WHEREAS, the Collier County Board of County Commissioners, in recognition of the
fact that the proposed environmentally sensitive lands are to be purchased in whole or in part
through a special ad valorem assessment, herebya funding source to be determined by Collier
County, recognize the rights of our citizens to have reasonable public access and for all our
citizens to partake and enjoy various outdoor activities in a reasonable and environmentally
friendly manner on lands purchased with these funds; and
WHEREAS, the Board of County Commissioners will ensure that Conservation Collier is
a willing participant program and shall utilize only methods of voluntary acquisition;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION 1: Name:
This ordinance shall be known as Conservation Collier Implementation Ordinance.
SECTION 2: 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.
SECTION 3 – Findings:
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 4 – Purpose and Intent:
Commented [S3]: 3. Takes away language limiting uses of
Program resources to uses of the program. Whereas Clauses are not
the rule but do set the stage for the rule. Commissioner
Recommended.
Commented [S4]: 4. Unsure as to impact. Commissioner
Recommended.
26.A.4
Packet Pg. 559 Attachment: CC Ord-Commissioner Consensus-10-4-18 (7584 : Land Acquisition Advisory Committee - December 3, 2018)
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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 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;
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 acquire, protect and manage environmentally sensitive lands containing the most
biological value, including biodiversity, listed species habitat, connectivity, restoration potential,
and ecological quality;
5. 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;
6. To restore the natural functions, as necessary, to any impacted and vulnerable habitats
which would then contribute significantly to fulfilling this program’s goals;
7. 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;
8. Upon recommendation by staff or the Board, tTo utilize a qualified third party entity 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;
Commented [S5]: Urban lands are less likely to contain the rare,
unique and endangered habitats. Staff note.
Commented [S6]: Unsure how to manage equitable distribution
if focus is on urban lands. Staff note.
Commented [S7]: 5. Allows a qualified third-party entity to
perform criteria screening. The concern that has been expressed
regarding this change is that this will add expense to the program
and there have been no problems about staff doing this task for the
life of the program. Staff becomes familiar with properties via this
task. It might be helpful to have the option should many properties
be submitted at once. Commissioner Recommended.
Commented [S8]: Should this say “urban” lands?” The best and
most endangered lands may not necessarily be urban. Staff note.
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Packet Pg. 560 Attachment: CC Ord-Commissioner Consensus-10-4-18 (7584 : Land Acquisition Advisory Committee - December 3, 2018)
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9. 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 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;
10. 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;
11. 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,
12. To cooperate actively with other acquisition, conservation, and resource management
programs that operate within the County’s Urban Area, including, but not limited to, such
programs as the State of Florida Conservation and Recreation Lands program, the Land
Acquisition Trust Fund, Florida Forever, Florida Communities Trust, and Save Our Rivers
program, where the purposes of such programs are consistent with the purposes of Conservation
Collier as stated hereinabove.
SECTION 5– Definitions:
The following words and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section:
1. “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.
2. “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.
4. “Non-profit organization” shall mean an organization as defined in section 501 of
Commented [S9]: Commissioner Requested
Commented [S10]: 6. Uncontested change. CCLAAC
recommended.
26.A.4
Packet Pg. 561 Attachment: CC Ord-Commissioner Consensus-10-4-18 (7584 : Land Acquisition Advisory Committee - December 3, 2018)
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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.
5. “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.
6. “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.
7. “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, including
provision of appropriate public access.
8. “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.
9. “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.
10. “Urban Area” shall mean those areas west of Collier Blvd. and which are outside the Area of
Critical State Concerndesignated as Urban on the Collier County Future Land Use Map.
SECTION 6 - 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:
Commented [S11]: 7. This is the current definition for “urban
area” in the program, and having it defined is beneficial.
Commissioner recommended.
26.A.4
Packet Pg. 562 Attachment: CC Ord-Commissioner Consensus-10-4-18 (7584 : Land Acquisition Advisory Committee - December 3, 2018)
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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 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 Conservation Collier Management Trust Fund, but only
with the approval of the Collier County Board of County Commissioners.
e. Up to EightySeventy-five percent (85%) (75%) of all ad valorem revenues
collected for Conservation Collier. This percentage shall be reviewed annually by the Board.
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 provided 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,
surveys, 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 may be conducted by County staff or by contract with a private or not for profit
Commented [S12]: This says Conservation Collier gets all the
payments for mitigation activity. How does creating a development
rights bank for other County entities or private sale square with this?
Staff Note
Commented [S13]: 8. This is a change staff has been
recommending since 2007. CCLAAC Recommended.
26.A.4
Packet Pg. 563 Attachment: CC Ord-Commissioner Consensus-10-4-18 (7584 : Land Acquisition Advisory Committee - December 3, 2018)
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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.d. 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 habitat areas or provide access to management 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.e. Acquisitions consistent with Collier County Land Development Code and the
Growth Management Plan.
g.f 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.g 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.
ih. 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.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.
kj. To insure and procure insurance against any loss in connection with any of
the trust’s operations, including without limitation:
a. 1.The repayment of any loans to mortgage lenders or mortgage loans;
b. 2. Any project;
Commented [S14]: 9. This removes the ability of the program
to conduct analysis studies. The program has not used this ability,
but it could be useful to conduct such a study before making
additional acquisitions. Commissioner Recommended.
26.A.4
Packet Pg. 564 Attachment: CC Ord-Commissioner Consensus-10-4-18 (7584 : Land Acquisition Advisory Committee - December 3, 2018)
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c. 3. 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.k To engage the services of private consultants on a contract basis for rendering
professional and technical assistance and advice.
m.l To identify parcels of land that would be appropriate acquisitions.
n.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 7 - Creation of the Conservation Collier Management Trust Fund:
There is hereby created the Conservation Collier Management Trust Fund (hereinafter
referred to as the Conservation Collier Management Trust Fund) for the preservation,
enhancement, restoration, conservation and maintenance of environmentally sensitive lands that
either have been purchased with monies from the Environmentally SensitiveConservation Collier
Lands Acquisition 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 monies from the
following sources:
a. Ad-valorem taxes collected for Conservation Collier in an amount not to exceed
15% 25% 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.
Commented [S15]: 10. This change creates consistency in
naming of the Fund. Uncontested. CCLAAC Recommended.
Commented [S16]: 11. Staff has been recommending this
change since 2007. CCLAAC Recommended
26.A.4
Packet Pg. 565 Attachment: CC Ord-Commissioner Consensus-10-4-18 (7584 : Land Acquisition Advisory Committee - December 3, 2018)
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3. Disbursements from the Conservation Collier 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 and as approved by the Board of County Commissioners.
SECTION 8 – 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.
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. Membership of the Land
Acquisition Advisory Committee shall comprise broad and balanced representation of the
interests of Collier County citizens, including:
a. Environmental 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, land management, eco-tourism or environmental education. A
nominee 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.
Commented [S17]: 12. Commissioner requested - Uncontested
26.A.4
Packet Pg. 566 Attachment: CC Ord-Commissioner Consensus-10-4-18 (7584 : Land Acquisition Advisory Committee - December 3, 2018)
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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 reelection.
The presence of five (5) or more members shall constitute a quorum of the Committee
necessary to take action and transact business. 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 Chapter 112, Florida Statutes. 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 part 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.
Commented [S18]: 13. This removes a process check on the
Board. The Board can always modify ordinances in practice, but
this was inserted to provide another process barrier to changes in
program goals and to make it more difficult to change the goals of
the program without public buy-in. It is a public “trust” factor.
Removing it does not fundamentally alter the program, but makes it
easier to do so in the future. Commissioner Recommended.
26.A.4
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d. At such time as there are insufficient uncommitted funds in the Conservation
Collier Acquisition Trust Fund to conclude another acquisition and all acquisition projects have
been closed, the Land Acquisition Advisory Committee shall report to the County Commission
and revert to a land management oversight function. If funds remain in the All remaining
Conservation Collier Acquisition Trust Fund these shall then be transferred reviewed for
recommendation of transfer to the Conservation Collier Management Trust Fund., and
transferred upon approval of the Board of County Commissioners.
7. The Land Acquisition Advisory Committee shall function in accordance with the
provisions of Collier County Ordinance No. 2001-55, as amended.
SECTION 9 - Property Eligible for Acquisition and Management:
1. Properties eligible to be considered for acquisition and management under Conservation
Collier shall be only environmentally sensitive lands available from willing and voluntary
participants and, with acquisition priority given to those properties located within the Urban Area
of Collier County.
2. Acquisition of property shall not be constrained based on the immediate 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 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.
SECTION 10 - Criteria for Evaluating Lands 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 most rare, unique and endangered habitats found in Collier County,
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 natural resource-based recreation, and enhancement of the
aesthetic setting of Collier County.
Formatted: Underline
Commented [S19]: 14. These are CCLAAC recommendations
regarding the role of CCLAAC once buying ceases. This language
solidifies that CCLAAC will always remain in an overseer function
for the program. CCLAAC recommended. Meetings drop to
quarterly at this point. Staff will need to tap more community
expertise for land management on the CCLAAC at this time.
Commented [S20]: 15. Staff added this as draft language to
acknowledge that the Committee function is governed by this
ordinance but that it has been amended to no longer require a four-
year review as was required in the initial ordinance. Staff
Recommended. CAO can finalize appropriate wording.
Commented [S21]: 16. This is the compromise position for
urban acquisition priority, not requiring it but giving it preference.
Commissioner Recommended - CCLAAC negotiated. This changes
the focus of the program preference from environmentally sensitive
lands to an urban greenspace program.
Commented [S22]: Not sure how lands can be equitably
distributed if there is an urban focus. Staff Note.
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c. Land which protects the most 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 Conservation Collier funds availability would leverage a
significantly higher funding rank in another acquisition program.
2. Those proposed acquisition proposals which are initially qualified under the screening
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 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), overall
resource ecological quality (to prefer highest quality of similar parcels) and the estimated
feasibility and costs of management (to prefer the most manageable parcels).
3. 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 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 r Target Protection Areas adopted for
consideration by the Land Acquisition Advisory Committee, County Staff and the Board of
County Commissioners.
a. All designated Urban lands on the Future Land Use Map of the Collier County
Growth Management Plan with predominantly native vegetative cover.
b. 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 within
the Urban Area of Collier County.
Commented [S23]: 17. The Target Protection Area Map will
need to change. Staff note.
Commented [S24]: 18. This language change creates a Target
Protection Areas Map that covers only urban lands but includes
NRPAs and Sending Lands that are within the urban area. It serves
to further prioritize urban lands. Commissioner recommended.
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c. 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.
d. The Flow-way and Habitat Stewardship Areas as depicted on the Future Land Use
Map of the Collier County Growth Management Plan.
4. 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 Acquisition Advisory Committee, 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
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.
SECTION 11 – 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
resource values (such as Natural Resource Protection Areas), but generally not specific parcels in
the Urban Area, 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 (3) categories,
A (pursue acquisition), B (hold for re-ranking in the next cycle), and C (no interest in acquiring).
The A-category parcels/projects shall be further categorized as 1 (high priority), 2 (medium
Commented [S25]: 19. This language change further supports
an urban preference program. Commissioner recommended.
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priority) and 3 (low priority), in order to give County staff direction as to priority 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.
3. Once approved by the Board of County Commissioners, the County shall actively 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.
SECTION 12 – Nomination of acquisition proposals and candidate sites:
1. Nominations for the Conservation Collier Program may be made by any person or
organization, including Collier County, regional, State or Federal agencies, by contacting
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
advising of the nomination and asking if the owner wishes to submit an application for
consideration to the Conservation Collier Program.
2. An owner may nominate his or her own property by submitting an application.
3. 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.
4. An application submitted by the property owner to the County Manager or his designee
shall be evidence of a willing seller.
5. 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
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cycle, which time frame shall be publicly announced by any person or organization, including
Collier County, regional, State or Federal agencies.
6. 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 if the program is in a
buying cycle. The first such meeting will take place at the end of the first year of
implementation of Conservation Collier.
7. Owner interest shall be disclosed in applications in the same manner as required of zoning
applicants by the Collier County Land Development Code
SECTION 13 – Procedure for selection of acquisition proposals for placement on the
Active Acquisition List and Subsequent Purchase Procedures:
1. Acquisition proposals for which applications have been received shall be prescreened
using the initial screening criteria. Those that satisfy two (2) out of six (6) of the Initial
Screening Criteria shall be forwarded to the Land Acquisition Advisory Committee for a vote for
a complete evaluation.
2. 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 [5] members of the Land Acquisition Advisory Committee vote for a
complete evaluation.
3. Proposals which satisfy the initial screening will may be further evaluated by a qualified
third party entity 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 into any other records
retained by the County about the parcel(s). Using both observed and gathered data, an Initial
Criteria Screening Report (ICSR)staff a third party entity shall be prepared 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.
Commented [S26]: This language addition is meant to take
away the need for solicitation of proposals at the annual meeting
unless we are in a buying cycle. Staff note, staff addition.
Commented [S27]: 20. This language change further supports
evaluations by third party entities. It removes the ability of
CCLAAC members to make accompanying site visits in a 3rd party
is doing the evaluation. Commissioner recommended.
Commented [S28]: Would need to clarify that committee
members can accompany only if staff is doing the evaluation. Staff
note.
Commented [S29]: 21. Language change to support 3rd party
entity evaluations. Commissioner recommended.
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4. Upon completion of the ISCR, the Land Acquisition Advisory Committee shall hold a
public hearing for presentation ofwhere staff will present 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.
5. After 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.
6. 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.
7. County Staff shall notify property owners and the public of the final approved Active
Acquisition List.
8. 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 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 Advisory 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.
9. After obtaining a recommendation from the Land Acquisition Advisory Committee, the
contract, Project Design Report and Land Acquisition Advisory Committee recommendation will
Commented [S30]: 22. Supports that staff will present the
properties to CCLAAC, not the 3rd party entity. Agreed by all.
Commented [S31]: This language will need to change and
conform to any new TDR policy. I am trying to see if there is
opportunity to get TDRs from Urban properties. There is an old
urban program, but it does not provide much benefit. Staff
recommendation.
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be presented to the Board of County Commissioners at a public hearing for their review and
approval.
10. The Board of County Commissioners shall have final approval authority of the contract
terms for each proposed project and shall authorize any and all purchases.
11. Once a contract has been approved and executed by the Board of County Commissioners
in accordance with County policies, Real Estate Services shall proceed to close on the purchase
of property in accordance with County policies.
SECTION 14 - Management plans and use of environmentally sensitive lands:
1. No later than ninety [90] days from the date of acquisition, an interim management plan
for any property acquired shall be submitted by County staff to the Land 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 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] years, 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 Land Acquisition Advisory Committee, for each property
acquired by Conservation Collier 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.
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 Land Acquisition Advisory Committee for their input and recommendations and then
submitted to the Board of County Commissioners for approval.
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4. 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 approved management plan for that property.
5. 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.
6. The County will seek cooperative management arrangements with other agencies and
entities, in keeping with the approved management plans and goals of Conservation Collier.
7. Purchasing land using Conservation Collier program funds permanently extinguishes
transfers all development rights to Collier Countyexcept 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.
8. 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 County's subtropical ecosystems and natural communities.
SECTION 15 - 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 Ordinance.
SECTION 16 – Sunset of the Conservation Collier Ad Valorem Tax:
1. The Conservation Collier special tax revenue will sunset after 10 (ten) years, unless
reauthorized through similar voter referendum approval.
2. The Management Trust Fund continues in perpetuity, as long as Conservation Collier
lands remain in county hands.
Commented [S32]: 23. Allows development rights to remain
intact and transfers them to Collier County – not Conservation
Collier. This is a significant change for Conservation Collier,
allowing it to become something of a development rights bank.
Currently, only private owners can bank TDRs, so changes would
need to be made to the LDC and possibly the GMP also. Originally,
developers of the ordinance wanted the rights extinguished as a
“growth control” measure, not moved elsewhere. Will rights be sold
only to County for public projects or to public as well? This does
not state who gets benefits, but Whereas clause changes open the
way for transfer to others within the County. Commissioner
recommended.
Commented [S33]: 24. This language is not needed if
development rights can be harvested because they will not be
extinguished. This does not address properties where there are no
development rights programs. If the program is focused in the urban
area, there are not TDR programs in most urban areas. TDRs and
property rights are primarily associated with Rural Fringe and Rural
Lands Programs. Staff note.
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SECTION 17 - Inclusion 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 18 - 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 19 – Effective Date:
This Ordinance shall take effect only upon the passage of the November 5, 2002
referendum levying up to 0.25 mills of ad valorem taxes for a period of ten (10) years to fund the
acquisition of environmentally sensitive lands and its being filed with the Florida Department of
State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this ____ day of ______, 2018.
Attest: BOARD OF COUNTY COMMISSIONERS
CRYSTAL KINZEL, Clerk COLLIER COUNTY, FLORIDA
By: _____________________ By: _____________________________
Deputy Clerk Andrew Solis, Chairman
Approved as to Form and Legal Sufficiency:
__________________________________________
Jennifer A. Belpedio, Assistant County Attorney
26.A.4
Packet Pg. 576 Attachment: CC Ord-Commissioner Consensus-10-4-18 (7584 : Land Acquisition Advisory Committee - December 3, 2018)
DISCOVER THE “REAL FLORIDA” IT ’S MORE
THAN BEACHES AND GOLF
IT’S WALKING, HIKING, BIKING & BIRDING TOO
you have many choices
33+ miles of trails and over 3,000+ acres of preserve
lands are available for you to explore. From urban
paved pathways to forest trails,there is something
for everyone to enjoy.
encounter
habitats
Pine flatwoods, saw palmetto, cypress, freshwater
marsh, wetland prairie, scrub, slough and mangrove
wetlands are some of the many habitats preserved.
home to wildlife
See Big Cypress fox squirrels, panthers, bears,
white-tailed deer, wild hog, alligators,bobcat,
gopher tortoises and numerous bird species
including: bald eagles, red cockaded woodpeckers,
herons, egr ets, osprey and c aracara.
SEASONAL RECREATION
ACTIVITIES
Enjoy seasonal activities including primitive
tent camping, trail biking, horseback riding, and
hunting. Year-round activities include hiking,
wildlife photography, birdwatching and quiet
enjoyment in nature.
EDUCATION
Program staff reach out to the community
throughout the year to provide information
about how to access Conservation Collier
lands for natural resource-based educational
opportunities.Contact staff to arrange a
presentation for your group!
Conservation Collier ProgramCollier County Parks & Recreation Division
3300 Santa Barbara Blvd. • Naples, FL 34116 Phone: 239-252-2961
Email: conservationcollier@colliercountyfl.gov Websites: www.colliercountyfl.gov/conse rvationcollier
THIS WAY TO ADVENTURE
26.A.6
Packet Pg. 577 Attachment: Conservation Collier Pannel for Naples Preserve rev (7584 : Land Acquisition Advisory Committee - December 3, 2018)