Agenda 02/12/2019 Item #11A02/12/2019
EXECUTIVE SUMMARY
Recommendation to authorize staff to: 1) advertise an ordinance amending Ordinance No. 2002-63,
which established the Conservation Collier Program for future consideration, and 2) with the
future ordinance item include a resolution for consideration superseding and replacing Resolution
No. 2007-300 establishing the Collier County Board of County Commissioner’s Purchasing Policy
for the acquisition of lands by the Conservation Collier Land Acquisition Program by requiring
purchases in excess of the price established by the methodology be approved by an extraordinary
vote of the Board in accordance with Section 125.355, Florida Statutes. (Summer Araque,
Principal Environmental Specialist, Parks and Recreation Division)
OBJECTIVE: To obtain Board authorization to advertise a proposed amendment to the Conservation
Collier Ordinance, No. 2002-63; and consider a proposed resolution superseding and replacing the
resolution creating the Purchasing Policy for the acquisition of lands by the Conservation Collier Land
Acquisition Program. The final review of the resolution may be completed at such time the Ordinance
comes before you for review as an advertised public hearing agenda item.
CONSIDERATIONS: On December 3, 2002, the Board approved Ordinance 2002-63, which
established and implements the Conservation Collier Land Acquisition Program. This ordinance has been
amended four (4) times, starting in 2007. The proposed Ordinance carries forward all amendments which
will be further amended by the proposed Ordinance.
On April 24, 2018, at the regular Board meeting (Agenda Item #11B), staff was directed by the Board to
bring forward additional proposed ordinance changes at the July 10, 2018 Board meeting. After review in
subcommittee on May 14, 2018, the Conservation Collier Land Acquisition Advisory Committee
(CCLAAC) met on June 11, 2018 and voted upon their changes. These changes were brought forward at
the July 10, 2018 Board meeting (Agenda Item #11C), but the Board decided to defer making cha nges at
that time, requesting the ordinance be brought back again in the fall. The CCLAAC subcommittee
reconvened on October 4, 2018. Commissioner McDaniel attended and proposed changes. Revised
recommendations were brought forward to the CCLAAC December 3, 2018, which recommended the
following:
➢ Page 1 Whereas Clause - Remove historical whereas as it was determined not to be needed. This
clause continues to be part of the legislative history. It is just not applicable to the amendment.
➢ Page 2 Whereas Clause - Remove language limiting the uses of, and all investment earnings on, such
levies to such purposes. This clause continues to be part of the legislative history. It is just not
applicable to the amendment.
➢ Page 2 Whereas Clause - The suggested change removed language indicating that ad valorem levies
are the sole funding sources and added language that funding source would be determined by Collier
County. This clause continues to be part of the legislative history. It is just not applicable to the
amendment.
➢ Page 3, Section 4.8 - Proposed change allows a qualified third-party entity to evaluate lands proposed
for acquisition instead of having staff do this exclusively upon recommendation by staff or the Board.
➢ Page 4, Section 4.12 - Slight language change to clarify that the other programs to be cooperated with
are within County’s Area. The CCLAAC voted to keep the original meaning. The addition of “Florida
Communities Trust” to the list of programs was made to include the primary source for land
acquisition grants.
➢ Page 5, Section 5.10 - Adds a definition for “Urban Areas” tying the meaning to the Future Land Use
Map.
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➢ Page 6, Section 6.1.e. - Changes the split for funds going to acquisition from 85% to 75% and
removes “ad valorem” as the sole source for those funds. Also adds language that requires percentage
to be reviewed annually by the Board.
➢ Page 7, Section 6.3.d. - Removes the inherent ability for staff to use Program funds to conduct studies
and analyses of County Conservation land needs and ways of meeting those needs. This provision
was determined to be unnecessary because expenditures for studies and analyses require Board
approval and the Board has the discretion to disapprove if the cost is too high without a cap.
➢ Page 8, Section 7.2.a. - Changes the split for land management funds going from 15% to 25% and
removes “ad valorem” as the sole source for those funds.
➢ Page 9, Section 7.3 - Adds requirement for disbursements from the Land Management Trust Fund to
be approved by the Board of County Commissioners. This change assumes that operational
expenditures approved through the budget and amenity expenditures approved as a part of Land
Management Plans do not need additional and individual Board approvals, but disbursements outside
of these normal program operations would.
➢ Page 11, Section 8.6.b. - CCLAAC Members voted 8/1 to keep language in requiring a public
referendum for modification of the Program’s goals and primary criteria, with the recognition that the
Board has authorization to make changes to ordinances as they see fit. There are no strikethroughs or
underlines in this section.
➢ Page 11-12, Section 9.1 - This language change identifies that acquisition priority can be given to
urban areas, but it is not limited to urban areas.
➢ Page 13, Section 10.3, 12th line - the word “first” was removed.
➢ Page 13, Section 10.3.a - Deleted “on the Future Land Use Map of the Collier County Growth
Management Plan,” because it is now redundant with the additional of the definition of Urban Area.
➢ Page 14, Section 11.1. - Retain as is, remove suggested “in the Urban Area.”
➢ Page 15, Section 12.6 - add “if the program is in a buying cycle” to take away the requirement to
solicit proposals at the Annual Meeting unless we are in a buying cycle.
➢ Page 16, Section 13.3, Lines 2 and 3 - added language allows for a qualified 3rd party entity to
evaluate Conservation Collier proposals.
➢ Page 16, Section 13.3 - Language additions for 3rd party entity to prepare Initial Criteria Screening
Reports. Further revision made during January 14, 2019 CCLAAC meeting as it was noted that the
revision had been made incorrectly.
➢ Page 16, Section 13.4, Line 1 - Corrects acronym from ISCR to ICSR which stands for Initial Criteria
Screening Report.
➢ Page 16, Section 13.4, Line 2 - Language addition to identify that staff will present screening reports
to CCLAAC, not the 3rd party.
➢ Page 18-19, Section 14.7 - Keeps language that extinguishes development rights but deletes language
allowing for the restoration of property rights in the event of a property trade. This deletion affects the
multi-parcel projects primarily as this language was added in 2007 to have the ability to consolidate
parcels via trade if acquisition of the entire area ultimately fails.
It was discussed during the Ordinance, Policy & Rules CCLAAC Subcommittee meeting regarding the
possibility of banking of development rights and TDRs that County projects may need in the Rural Lands
Stewardship Area (RLSA) and Rural Fringe Mixed Use District (RFMUD). It shall be noted that staff has
received clarification regarding this discussion as follows:
The RFMUD Program contemplates TDR credits for use in increasing residential density in
Receiving areas. Thus, a governmental use such as an essential service does not require the
use of credits. In-Sending areas, the County is not able to derive credits (for sale or bank), as
participation in the TDR Program is limited to private parties.
County projects do not require use of development credits in the RLSA.
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On December 11, 2018, the Board approved the first reading of the proposed changes to the ordinance.
On January 8, 2019 (Agenda Item #9B), the Board recommended having the CCLAAC review the
ordinance further, make recommendations, and bring the recommendations back to the Board. At their
January 14, 2019 meeting, the CCLAAC voted unanimously to recommend the ordinance revisions listed
below, in addition to their previously recommended ordinance revisions listed above:
Page 9, Section 8.2 - Removes the requirement for the CCLAAC membership to drop to 7
members when active acquisition phases are not in place.
Page 15, Section 13.3 - Clarifies original intent of proposed revision to allow for either staff
or a qualified 3rd party entity to evaluate Conservation Collier proposals.
In addition, some further clean up revisions were made as it was brought to staff’s attention during the
January 14 CCLAAC meeting that some verbiage had not been carried forward from one of t he
amendments. This was discussed during the CCLAAC meeting and further revisions were made to add
back in those provisions and revise as necessary.
The Conservation Collier Purchase Policy resolution was taken to the Board as Agenda Item #9B on
January 8, 2019 with the Ordinance agenda item. Staff has had recent discussions with the Board
regarding whether the process for accepting price offers from prospective land sellers should be modified
to allow for limited negotiations between the County and seller in instances where the Board finds there is
a public interest in doing so. In 2003 (amended 2007), the Board adopted a resolution governing the
acquisition of land under Conservation Collier. The resolution establishes a process wherein the offer
price extended by the County to a prospective seller is based on the market value of the property(ies)
under consideration. For properties determined to have a fair market value of less than $500,000, the offer
price is based on a narrative report and appraisal value submitted by a licensed, state-certified
independent appraiser. If the property(ies) exceed(s) $500,000 in value, the offer price is based on the
average dollar value of two (2) independent appraisals. The existing policy does not contemplate or
authorize any price negotiations for instances where the fair market appraised value and the seller’s
opinion of the value differ.
The existing Conservation Collier purchasing policy could be modified to add a provision that would
allow the Board to approve a purchase price that exceeds the single or averaged appraised value by an
“extraordinary” or supermajority vote. At the January 8, 2019 Board meeting (Agenda Item #9B), staff
brought Provision E) below to the Board if they wished to modify the purchase policy to more closely
align with the current state law governing land acquisitions in general (Section 125.355(1)(b) F.S.). The
Board’s recommendation was to have the CCLAAC review the resolution, make recommendations, and
bring the recommendations back to the Board. At their January 14, 2019 meeting, the CCLAAC voted
unanimously to recommend revisions to the proposed Provision E). The proposed Provision E), including
CCLAAC’s recommended revision as identified by underline/strikethrough, is enclosed for the Board’s
consideration and states:
E) Unique or Exceptional Parcels:
Notwithstanding the foregoing, the Board recognizes that there may be unique or
exceptional parcels whose asking price exceeds the appraised value. On recommendation
by staff, the CCLAAC, or a Commissioner, such parcels will be brought for consideration
for purchase to the Board of County Commissioners. and In in keeping with Florida
Statute Sec. 125.355, as may be amended, the Board may approve the purchase by an
extraordinary vote.
The effect of this provision is to have the Board solely determine whether to acquire the property at a
price in excess of the appraised value.
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FISCAL IMPACT: The cost to advertise the ordinance is approximately $500. The resolution is not
required to be advertised.
GROWTH MANAGEMENT: Fee-simple acquisition of conservation lands is consistent with and
supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County
Growth Management Plan.
LEGAL CONSIDERATIONS: This Item is approved for form and legality and requires a majority vote
for Board approval. -JAB
RECOMMENDATION: To authorize staff to advertise an amendment to Ordinance No. 2002-63 and
with the future ordinance item, include a resolution for consideration superseding and replacing
Resolution No. 2007-300 establishing the Collier County Board of County Commissioner’s Purchasing
Policy for the acquisition of lands by the Conservation Collier Land Acquisition Program by requiring
purchases in excess of the price established by the methodology be approved by an extraordinary vote of
the Board in accordance with Section 125.355, Florida Statutes.
Prepared By: Summer Araque, Principal Environmental Specialist, Parks and Recreation Division
ATTACHMENT(S)
1. Ordinance (PDF)
2. Ordinance - Whereas clauses ONLY (DOCX)
3. PowerPoint (PDF)
4. CCLAAC Purchasing Policy Resolution (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.A
Doc ID: 7836
Item Summary: ***This item to be heard immediately following Item 9A***Recommendation to
authorize staff to: 1) advertise an ordinance amending Ordinance No. 2002-63, which established the
Conservation Collier Program for future consideration, and 2) with the future ordinance item include a
resolution for consideration superseding and replacing Resolution No. 2007-300 establishing the Collier
County Board of County Commissioner’s Purchasing Policy for the acquisition of lands by the
Conservation Collier Land Acquisition Program by requiring purchases in excess of the price established
by the methodology be approved by an extraordinary vote of the Board in accordance with Section
125.355, Florida Statutes. (Summer Araque, Principal Environmental Specialist, Parks and Recreation
Division)
Meeting Date: 02/12/2019
Prepared by:
Title: Operations Analyst – Parks & Recreation
Name: Matthew Catoe
01/23/2019 1:35 PM
Submitted by:
Title: Division Director - Parks & Recreation – Parks & Recreation
Name: Barry Williams
01/23/2019 1:35 PM
Approved By:
Review:
Parks & Recreation Ilonka Washburn Additional Reviewer Completed 01/24/2019 9:48 AM
Parks & Recreation Barry Williams Additional Reviewer Completed 01/25/2019 2:18 PM
Public Services Department Kimberley Grant Level 1 Reviewer Completed 01/25/2019 4:24 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 01/28/2019 8:02 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 01/29/2019 12:02 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/01/2019 8:31 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/01/2019 8:59 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/01/2019 2:45 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 02/04/2019 4:13 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/06/2019 9:46 AM
Board of County Commissioners MaryJo Brock Meeting Pending 02/12/2019 9:00 AM
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11.A.1Packet Pg. 270Attachment: Ordinance (7836 : Conservation Collier Ordinance Amendment)
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11.A.1Packet Pg. 289Attachment: Ordinance (7836 : Conservation Collier Ordinance Amendment)
WHEREAS CLAUSE REVISIONS ONLY. DOCUMENT TO ASSIST IN REVIEW OF THE ORDINANCE REVISIONS TO THE CONSERVATION
COLLIER ORDINANCE. This document illustrates the strikethrough/underline of whereas clauses. Whereas clause revisions are
not reflected in the codified version as they are not operative terms that get carried forward to remain or get deleted.
1
ORDINANCE NO. 2019-
AN ORDINANCE AMENDING ORDINANCE NO. 2002-63,
WHICH ESTABLISHED THE CONSERVATION COLLIER
PROGRAM, BY AMENDING 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; SECTION EIGHT: LAND ACQUISITION
ADVISORY COMMITTEE; SECTION NINE: PROPERTY
ELEGIBLE FOR ACQUISITION AND MANAGEMENT;
SECTION TEN: CRITERIA FOR EVALUATING LANDS
FOR ACQUISITION AND MANAGEMENT; SECTION
TWELVE: NOMINATION OF ACQUISITION PROPOSALS
AND CANDIDATE SITES; SECTION THIRTEEN:
PROCEDURE FOR SELECTION OF ACQUISITION
PROPOSALS FOR PLACEMENT ON THE ACTIVE
ACQUISITION LIST AND SUBSEQUENT PURCHASE
PROCEDURES; AND SECTION FOURTEEN:
MANAGEMENT PLANS AND USE OF
ENVIRONMENTALLY SENSITIVE LANDS; 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, 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,
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Packet Pg. 290 Attachment: Ordinance - Whereas clauses ONLY (7836 : Conservation Collier Ordinance Amendment)
WHEREAS CLAUSE REVISIONS ONLY. DOCUMENT TO ASSIST IN REVIEW OF THE ORDINANCE REVISIONS TO THE CONSERVATION
COLLIER ORDINANCE. This document illustrates the strikethrough/underline of whereas clauses. Whereas clause revisions are
not reflected in the codified version as they are not operative terms that get carried forward to remain or get deleted.
2
remarkable biodiversity, and unique subtropical habitats harboring many species of rare and
endangered flora and fauna merit the most protection any county's citizens' could offer; 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, hereby a 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:
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Packet Pg. 291 Attachment: Ordinance - Whereas clauses ONLY (7836 : Conservation Collier Ordinance Amendment)
Conservation Collier Proposed
Ordinance Changes
FEBRUARY 12, 2019 BOARD MEETING
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Packet Pg. 292 Attachment: PowerPoint (7836 : Conservation Collier Ordinance Amendment)
Proposed Changes
Please note that Whereas clause revisions are not reflected in the codified version as they are not operative terms that get carried forward to remain or get deleted.
Page 1 Whereas Clause –Remove historical whereas as it was determined not to be needed.
Page 2 Whereas Clause –Remove language limiting the uses of, and all investment earnings on, such levies to such purposes.
Page 2 Whereas Clause -The suggested change removed language indicating that ad valorem levies are the sole funding sources and added language that funding source would be determined by Collier County.
Page 3, Section 4.8 –Propose change allows a qualified 3rd party entity to evaluate lands proposed for acquisition instead of having staff do this exclusively. In the event the Board were to recommend a 3rd party be used, this would result in additional costs to the program.
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Packet Pg. 293 Attachment: PowerPoint (7836 : Conservation Collier Ordinance Amendment)
Page 4, Section 4.12 –Slight language change but CCLAAC voted to
keep the original meaning. The addition of “Florida Communities Trust”
was made to include the primary source for land acquisition grants.
Page 5, Section 5.10 –Adds a definition for “Urban Areas” tying the
meaning to the Future Land Use Map.
Page 6, Section 6.1.e. –Changes the split for funds going to acquisition
from 85% to 75% and removes “ad valorem” as the sole source for those
funds.
Page 7, Section 6.3.d. –Removes the inherent ability for staff to use
Program funds to conduct studies and analyses of County Conservation
land needs and ways of meeting those needs.
Page 8, Section 7.2.a. –Changes the split for land management funds
going from 15% to 25% and removes “ad valorem” as the sole source
for those funds.
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Packet Pg. 294 Attachment: PowerPoint (7836 : Conservation Collier Ordinance Amendment)
Page 9, Section 7.3 –Adds requirement for disbursements from the Land
Management Trust Fund to be approved by the Board of County
Commissioners.
Page 9, Section 8.2 –Removes the requirement for the CCLAAC
membership to drop to 7 members when active acquisition phases are
not in place.
Page 11, Section 8.6.b. -CCLAAC Members voted 8/1 to keep language
in requiring a public referendum for modification of the Program’s goals
and primary criteria. There are no strikethroughs or underlines in this
section.
Page 11-12, Section 9.1 –This language change identifies that acquisition
priority can be given to urban areas, but it is not limited to urban areas.
Page 13, Section 10.3, 8th line –the word “first” was removed.
Page 13, Section 10.3.a –Deleted “on the Future Land Use Map of the
Collier County Growth Management Plan,” but keeps the rest. This
removes redundant language that is proposed to be added as a
definition.
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Packet Pg. 295 Attachment: PowerPoint (7836 : Conservation Collier Ordinance Amendment)
Page 15, Section 12.6 –add “if the program is in a buying cycle” to take
away the need to solicit proposals unless we are in a buying cycle.
Page 16, Section 13.3 –added language allows for a qualified 3rd party
entity to evaluate Conservation collier proposals.
Page 16, Section 13.3 –Language additions for 3rd party entity to prepare
Initial Criteria Screening Reports.
Page 16, Section 13.4, Line 1 –Corrects acronym.
Page 16, Section 13.4, Line 2 –Language addition to identify that staff will
present screening reports to CCLAAC, not the 3rd party.
Page 18-19, Section 14.7 –keeps language that extinguishes
development rights but deletes language allowing for the restoration of
property rights in the event of a property trade. This deletion affects the
ability to consolidate parcels within multi-parcel projects via trade if
acquisition of the entire area ultimately fails.
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Packet Pg. 296 Attachment: PowerPoint (7836 : Conservation Collier Ordinance Amendment)
Proposed Revision to Purchase
Policy (Res. 2007-300)
Existing policy
1. If the estimated value of the property is less than $500,000.00, Real Estate Services staff
shall secure one narrative appraisal report
2. If the estimated value of the property is $500,000.00 or greater, Real Estate Services staff
shall:
a. Secure two narrative appraisal reports from licensed independent real estate appraisers. The
Offer Amount will be equal to the average of the two appraisals.
b. Should the two appraised values differ by an amount greater than 20% of the lowest
appraisal, a third appraisal will be ordered and the two appraisals nearest in appraised value will
be averaged to arrive at the Offer Amount.
Proposed policy modification
Add a provision that would allow the Board to approve a purchase price that exceeds
the single or averaged appraised value by an “extraordinary” or supermajority vote
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Questions?
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FUTURE LAND USE MAP 11.A.3
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11.A.4Packet Pg. 300Attachment: CCLAAC Purchasing Policy Resolution (7836 : Conservation Collier Ordinance Amendment)
11.A.4Packet Pg. 301Attachment: CCLAAC Purchasing Policy Resolution (7836 : Conservation Collier Ordinance Amendment)
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