Ordinance 2019-03 ORDINANCE NO. 2019 - 03
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, on December 3, 2002, the Board of County Commissioners adopted
Ordinance No. 2002-63 establishing the Conservation Collier Program, which ordinance has
been amended from time to time; and
WHEREAS, the Board of County Commissioners desires to further amend Ordinance
No. 2002-63 as provided herein.
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:
Words Underlined are added;Words Struck Through are deleted.
Page 1 of 19
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:
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;
Words Underlined are added;Words Struck Through are deleted.
Page 2 of 19
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, to utilize a qualified third-party entity Oto
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;
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 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.
Words Underlined are added;Words Struck Through are deleted.
Page 3 of 19
G4`
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 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
Words Underlined are added;Words Struck Through are deleted.
Page 4 of 19
include, but not be limited to, hiking, nature photography, bird-watching, kayaking, canoeing,
swimming, hunting and fishing.
10. "Urban Area" shall mean those areas designated 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:
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 Eighty Seventy-five percent (8-5-%) (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.
Words Underlined are added;Words Struck Through are deleted.
Page 5of19
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
entity subject to meeting all County and Conservation Collier purchasing policies.
Administrative costs shall be limited to the greatest extent possible.
needs and ways of meeting those needs, limited to no more than $150,000.00.
e d. Costs 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,
Words Underlined are added;Words Struck Through are deleted.
Page 6 of 19
including Municipalities, shall include, as part of the acquisition process, some mutual written
agreement regarding the responsibilities of the joint owners for maintenance.
h. To borrow money through the issuance of bonds for the purposes provided
herein,to provide for and secure the payment thereof, and to provide for the rights of the holders
thereof.
i. To invest any funds held in reserves or sinking funds, or any funds not required
for immediate disbursement, in such investments as may be authorized for trust funds under
Florida Statutes, Section 215.47 as amended.
k j. To insure and procure insurance against any loss in connection with any of
the trust's operations, including without limitation:
a. The repayment of any loans to mortgage lenders or mortgage loans;
b. Any project;
c. Any bonds of the County;
Insurance may be procured in such amounts and from such insurers, including the Federal
Government, as may be deemed necessary or desirable by Collier County.
1 k. To engage the services of private consultants on a contract basis for rendering
professional and technical assistance and advice.
1. To identify parcels of land that would be appropriate acquisitions.
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 Sensitive 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.
Words Underlined are added;Words Struck Through are deleted.
Page 7 of 19
2. The Conservation Collier Management Trust Fund shall receive monies from the
following sources:
a. Ad valorem taxes Revenues collected for Conservation Collier in an amount no
less than 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.
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 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.
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
. . • . .
Words Underlined are added;Words Struck Through are deleted.
Page 8 of 19 0
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, 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,
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 reelection.
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 Chapter 112, Florida Statutes. Copies of all Committee
Words Underlined are added;Words Struck Through are deleted.
•
Page 9 of 19
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.
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
that it's business is concluded and revert to a land management oversight function. If funds
remain in the All remaining Conservation Collier Acquisition Trust Fund monies these funds
shall then be trafisferfed reviewed for recommendation of transfer to the Conservation Collier
Management Trust Fund and transferred upon approval of the Board of County Commissioners.
Thereafter, unless and until additional funds are appropriated by the Board for the purpose of
acquiring additional Conservation Collier Program acquisitions, the Land Acquisition Advisory
Words Underlined are added;Words Struck Through are deleted.
Page 10 of 19 fbi)
Committee shall 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.
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, with acquisition priority given to those properties located within, but not limited to,
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.
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.
Words Underlined are added;Words Struck Through are deleted.
Page 11 of 19111
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 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.
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.
Words Underlined are added;Words Struck Through are deleted.
Page 12 of 19
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,
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
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
Words Underlined are added;Words Struck Through are deleted.
Page 13 of 19 101
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
cycle, which time frame shall be publicly announced.
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
Words Underlined are added;Words Struck Through are deleted.
Page 14 of 19 0
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 be further evaluated for presentation to
the Land Acquisition Advisory Committee for review and ranking by staff or a qualified third-
party. 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 staff or a
qualified third party 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.
4. Upon completion of the ISCR ICSR, the Land Acquisition Advisory Committee shall
hold a public hearing for presentation where staff will present information contained in the ICSR
regarding each site, the applicants' and/or landowners' comments, and comments from the
Words Underlined are added;Words Struck Through are deleted.
Page 15of19 0
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
be presented to the Board of County Commissioners at a public hearing for their review and
approval.
Words Underlined are added;Words Struck Through are deleted.
Page 16 of 19 GQ'
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.
Words Underlined are added;Words Struck Through are deleted. fte,
Page 17 of 19
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 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.
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.
Words Underlined are added;Words Struck Through are deleted.
Page 18 of 19
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 become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this Z.( \-, day of v-��o� , 2019.
Attest: BOARD OF COUNTY COMMISSIONERS
CRYS .01 Clerk COLLIER COUNTY, FLORIDA
-v\au
Y ;'
61) Alk
, Deputy Clem /# .L. McDaniel, Jr., Chairman
Atte'St us to Chairmanl
s;u�ealure only.
Approved as to Form and Legality:
This ord+.nonce fil 'd with 40r-c!
Secretory of 53flte`s
Cf'ie`:'>. ll‘r.
ccnd atkncwfsdg2mr t # this'
Jennifer A. Belpedio Pilin received this any
Assistant County Attorne \'�U1 of ���� �Alaid
By Dewy 111
Words Underlined are added;Words Struck Through are deleted.
Page 19 of 19
RON DESANTIS
Governor
LAUREL M. LEE
Secretary of State
R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us
February 28, 2018
Ms. Crystal K. Kinzel, Clerk
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara
Dear Ms. Kinzel:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 19-03, which was filed in this office on February 27,
2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb