Agenda 01/28/2020 Item #11A (Referendum Election on November 3, 2020 to reestablish the levy of an ad valorem tax)01/28/2020
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution calling for a Referendum Election on November 3, 2020, to
determine whether the voters approve reestablishment of a levy of an ad valorem tax not exceeding
.25 for ten (10) years to continue to fund the Conservation Collier Program’s acquisition and
management of environmentally sensitive lands.
OBJECTIVE: For the Board of County Commissioners to approve language for a referendum question
on the November 2020 general election ballot reestablishing a levy to fund the Conservation Collier
Program’s acquisition and management of environmentally sensitive lands.
CONSIDERATIONS: On February 26, 2019 (Agenda Item #9C), during review of the Conservation
Collier Implementation Ordinance (Ordinance), the Board directed the Conservation Collier Land
Acquisition Advisory Committee (CCLAAC) to develop ballot language for the 2020 election. The ballot
language will ask voters to approve an ad valorem tax to reestablish further funding for the Conservation
Collier Program’s acquisition, providing access when applicable, and management of environmentally
sensitive lands.
On April 8, 2019, during its quarterly meeting, the CCLAAC created the Referendum Language Task
Force subcommittee to draft ballot language. The subcommittee met four (4) times between April and
August. The subcommittee meetings included stakeholder participation. The CCLAAC reviewed the
language during its meetings in September and October. On January 13, 2020, the CCLAAC conducted
its final review of the ballot language and approved the recommended final version which is attached.
Section 6.1.e. of the Ordinance provides that up to seventy-five percent (75%) of all revenues collected
for Conservation Collier may be used for acquisition. Section 7.2.a. of the Ordinance provides that
management funds shall be no less than twenty-five percent (25%) of revenues collected in one year. If
the referendum were to pass, the CCLAAC has proposed that up to ten percent (10%) of the acquisition
funding be available for use for amenities on an annual basis to improve access to existing and future
Conservation Collier preserves. Amenities may include boardwalks, facilities, parking lots, and
interpretive staff. This would be evaluated on an annual basis during the Board’s review of the annual
budget. This would result in an allocation of a minimum of sixty-five percent (65%) for acquisition,
twenty-five percent (25%) for maintenance and a maximum of ten percent (10%) for access
improvements.
Two (2) resolutions calling for approval of the ad valorem assessment are back-up to this Item. The first
resolution (OPTION #1) does not include the option to bond, whereas the second resolution (OPTION
#2) includes the option to bond. If the Board chooses Option #2, a cap on the total dollar amount of bond
will need to be specified. The ballot language with the option to bond was provided by Bond Counsel on
January 21, 2020 and has not been vetted by CCLAAC.
The CCLAAC unanimously recommended that the Board adopt the first resolution, with the condition
that two (2) resolutions be presented in the event bonding was desired by the Board. The Ballot Language
is due to the Supervisor of Elections on June 26, 2020, to be placed on the November 3, 2020, General
Election ballot.
History of the Conservation Collier Program
Conservation Collier was created in 2003, after a November 2002 voter referendum in which voters
approved creating a taxpayer-funded conservation land acquisition program. To pay for the program,
taxpayers agreed to a property tax increase of up to .25 mills for up to ten (10) years and bonding for up
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to $75 million. Between 2003 and 2012, the property tax was collected. An ordinance was developed and
approved by the Collier County Board of County Commissioners in December 2002. By March 2003, a
nine-member citizens’ advisory panel (the Conservation Collier Land Acquisition Advisory Committee or
CCLAAC) representing a variety of professional, technical and community backgrounds was appointed.
The Program began operations in March 2003.
The goals of Conservation Collier are to acquire, protect, restore, and manage environmentally sensitive
lands in Collier County for the benefit of present and future generations. To date, the Program has spent
approximately $106,020,000 to acquire twenty (20) preserves totaling 4,303 acres. The initial acquisition
phase was closed in 2011 and available funds were appropriated in a maintenance trust fund as the
program moved into a preserve management phase, including opening the preserves for public access and
managing and hosting visitors.
The Program remained in a management phase until 2017 when the Board authorized the use of
management funds for the acquisition of more land. In 2018 and 2019, three (3) projects totaling 200
acres were purchased for $1,598,500 (Green & Green, Gore, and Berman). Last month, the Board
authorized proceeding with another purchase, a 37-acre parcel held by SD Corporation/Cypress Landings
II in the amount of $1,580,000.
FISCAL IMPACT: The Fiscal impact related to the referendum is limited to staff time, advertising, and
translation expenses.
The original Conservation Collier 10-year tax collection cycle levied a tax of 0.25 mills that resulted in
collections of $152,486,500. If a new 10-year tax collection phase is implemented at 0.25 mills it is likely
to generate between $250 and $300 million. The first year of a reestablished Conservation Collier
Program tax levy is expected to be FY 22 generating tax revenue between $23.9 and $24.9 million.
An ad valorem millage of 0.25 mills is $0.25 per 1,000 of taxable value. The individual impact of the tax
depends on each property’s taxable value. The following table illustrates the annual property tax impact
of 0.25 mills at various taxable value levels.
Consistent with Board direction, when the reestablished tax collection phase is implemented all
Conservation Collier management reserve monies utilized for acquisition-related expenses will be
restored from first-year tax proceeds.
GROWTH MANAGEMENT IMPACT: 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.
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LEGAL CONSIDERATIONS: This Item has been reviewed by the County Attorney.
A referendum is legally required if, and only if, the Board wishes the option to use bonds or other debt
instruments to finance over twelve (12) months Conservation Collier acquisitions, backed by the
Conservation Collier millage tax as the funding source to repay the debt. If the referendum passes and
bonds are issued, any purchases using bond funds must fall within the four corners of the ballot language.
If the Board does not wish the option of using bonds to fund future acquisitions, o r never issues bonds
authorized by the referendum, then the balloting is considered a non-binding straw ballot, falling within
the powers enumerated by Florida Statute Sec. 125.01(1)(y), which authorizes the Board to:
“Place questions or propositions on the ballot at any primary election, general election, or
otherwise called special election, when agreed to by a majority vote of the total
membership of the legislative and governing body, so as to obtain an expression of
elector sentiment with respect to matters of substantial concern within the county...”
If bonding language is not included in the ballot, or the Board includes bonding language but never issues
indebtedness, then the result of the referendum is non-binding on the Board, with the funding to be
budgeted for Conservation Collier set by the Board each fiscal year, along with the millage rate. The
proceeds of any millage rate set by the Board, and budgeted to Conservation Collier during the budget
process, could be reallocated to other uses through a simple Budget Amendment. Funding only becomes
mandatory if bonds are issued, and then only as to those funds pledged to pay off the bonds.
With this said, this Item is approved as to form and legality and requires majority vote for Board action.
CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE (CCLAAC)
RECOMMENDATION: During their January 13, 2020 meeting, CCLAAC voted unanimously to
recommended Option #1 of the ballot language, which does not include the bonding
STAFF RECOMMENDATION: To adopt the attached Resolution for Option #1 (without bonding)
calling for a Referendum Election on November 3, 2020, to determine whether the voters approve
reestablishment of a levy of an ad valorem tax not exceeding .25 mil for ten (10) years to continu e to fund
the Conservation Collier Program’s acquisition and management of environmentally sensitive lands.
Prepared By: Summer Araque, Principal Environmental Specialist, Conservation Collier Program
Coordinator, Parks and Recreation Division
ATTACHMENT(S)
1. DraftBallotLanguage versions 1-21-2020 for BCC (DOCX)
2. Resolution 2020 Referendum without Bond Language CAO Stamped (PDF)
3. Ballot Language BCC 1-28-2020 rev 1-22-20 PowerPoint (PPTX)
4. Resolution with Bond Language CAO Stamped (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.A
Doc ID: 11246
Item Summary: Recommendation to adopt a Resolution calling for a Referendum Election on
November 3, 2020, to determine whether the voters approve reestablishment of a levy of an ad valorem
tax not exceeding .25 for ten (10) years to continue to fund the Conservation Collier Program’s
acquisition and management of environmentally sensitive lands. (Summer Araque, Conservation Collier
Program Coordinator)
Meeting Date: 01/28/2020
Prepared by:
Title: Operations Analyst – Parks & Recreation
Name: Matthew Catoe
01/03/2020 3:34 PM
Submitted by:
Title: Division Director - Parks & Recreation – Parks & Recreation
Name: Barry Williams
01/03/2020 3:34 PM
Approved By:
Review:
Parks & Recreation Barry Williams Additional Reviewer Completed 01/06/2020 1:52 PM
Parks & Recreation Ilonka Washburn Additional Reviewer Completed 01/07/2020 10:39 AM
Operations & Veteran Services Kimberley Grant Level 1 Reviewer Completed 01/07/2020 5:18 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 01/08/2020 10:51 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 01/14/2020 2:38 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 01/21/2020 4:47 PM
Grants Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/22/2020 7:52 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 01/22/2020 12:11 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/22/2020 1:41 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/22/2020 2:57 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/28/2020 9:00 AM
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FOR BCC REVIEW JANUARY 28, 2020
CONSERVATION COLLIER BALLOT LANGUAGE PROPOSED OPTIONS FOR
NOVEMBER 2020 BALLOT
OPTION 1 was approved by CCLAAC during the January 13, 2020 meeting.
OPTION 2 was provided by outside Bond Counsel on January 21, 2020.
OPTION 1
REESTABLISH FUNDING FOR CONSERVATION COLLIER TO PROTECT WATER QUALITY, WATER
RESOURCES, AND WILDLIFE HABITAT
TITLE WORD COUNT: 14/15 WORDS ALLOWED
SHALL COLLIER COUNTY REESTABLISH THE LEVY OF A .25 MIL AD VALOREM TAX FOR 10 YEARS FOR THE
PURPOSE OF CONTINUING TO ACQUIRE, PRESERVE AND MANAGE ENVIRONMENTALLY SENSITIVE LANDS,
AND PROVIDE COMPATIBLE PUBLIC ACCESS WHEREEVER APPLICABLE TO SUCH LANDS, FOR THE
PROTECTION OF WATER QUALITY, WATER RESOURCES, WILDLIFE HABITAT, AND PUBLIC OPEN SPACE IN
PERPETUITY?
INSTRUCTIONS TO VOTERS: _____YES
_____NO
WORD COUNT: 55 WORDS/75 WORDS ALLOWED
OPTION 2 (this version includes the option to Bond)
APPROVAL OF LIMITED GENERAL OBLIGATION BONDS TO FINANCE ACQUISITION OF
ENVIRONMENTALLY SENSITIVE LANDS.
TITLE WORD COUNT: 13/15 WORDS ALLOWED
SHALL GENERAL OBLIGATION BONDS BE ISSUED IN ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL
AMOUNT NOT EXCEEDING $___________, WITH A MATURITY NOT LONGER THAN 10 YEARS FROM EACH
ISSUANCE DATE AND AN INTEREST RATE LESS THAN THE MAXIMUM LEGAL RATE, TO FINANCE THE
ACQUISITION, MANAGEMENT AND PRESERVATION OF ENVIRONMENTALLY SENSITIVE LAND, PAYABLE
FROM AD VALOREM PROPERTY TAXES LEVIED AT A RATE NOT EXCEEDING .25 MILS ON ALL TAXABLE
PROPERTY WITHIN THE COUNTY?
INSTRUCTIONS TO VOTERS: _____YES - FOR BONDS
_____NO - AGAINST BONDS
WORD COUNT: 75 WORDS/75 WORDS ALLOWED
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Packet Pg. 997 Attachment: DraftBallotLanguage versions 1-21-2020 for BCC (11246 : Conservation Collier Ballot Language Options)
11.A.2Packet Pg. 998Attachment: Resolution 2020 Referendum without Bond Language CAO Stamped (11246 : Conservation Collier Ballot Language Options)
11.A.2Packet Pg. 999Attachment: Resolution 2020 Referendum without Bond Language CAO Stamped (11246 : Conservation Collier Ballot Language Options)
11.A.2Packet Pg. 1000Attachment: Resolution 2020 Referendum without Bond Language CAO Stamped (11246 : Conservation Collier Ballot Language Options)
11.A.2Packet Pg. 1001Attachment: Resolution 2020 Referendum without Bond Language CAO Stamped (11246 : Conservation Collier Ballot Language Options)
11.A.2Packet Pg. 1002Attachment: Resolution 2020 Referendum without Bond Language CAO Stamped (11246 : Conservation Collier Ballot Language Options)
Conservation
Collier Ballot
Language
January 28, 2020 BCC Meeting
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Packet Pg. 1003 Attachment: Ballot Language BCC 1-28-2020 rev 1-22-20 PowerPoint (11246 : Conservation Collier Ballot
Current
Status
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Since inception in 2003:
4,303 acres acquired
20 preserves
$106,020,502 Acquisition Cost ($24,641
per acre)
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Packet Pg. 1004 Attachment: Ballot Language BCC 1-28-2020 rev 1-22-20 PowerPoint (11246 : Conservation Collier Ballot
BALLOT LANGUAGE TO BE REVIEWED BY BCC
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Packet Pg. 1005 Attachment: Ballot Language BCC 1-28-2020 rev 1-22-20 PowerPoint (11246 : Conservation Collier Ballot
Acquisition Costs to date
4
Cycle Acres Cost Cost per acre
Cycle 1 189.32 $28,751,250.00 $151,865.89
Cycle 2 165.34 $7,482,383.00 $45,254.52
Cycle 3 78.69 $7,254,400.00 $92,189.60
Cycle 4 686.37 $18,698,220.00 $27,242.19
Cycle 5 2787.94 $39,862,147.02 $14,298.06
Cycle 6 119.58 $2,032,433.00 $16,996.43
Cycle 8 36.89 $570,255.00 $15,458.25
Cycle 9*199.91 $1,598,500.00 $7,996.09
Total for all Cycles 4264.04 $106,249,588.02 $24,917.59
Avg. for all Cycles 533.01 $13,281,198.50 $46,412.63
* Cycle 9 A-list initially included $17,925,000 total proposed for acquisition by BCC.
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Packet Pg. 1006 Attachment: Ballot Language BCC 1-28-2020 rev 1-22-20 PowerPoint (11246 : Conservation Collier Ballot
Po tential Acquisitions
The Future Acquisition Strategies document indicates the following
potential acquisition lands:
Table 2. Potential Acquisition Acreage within Collier County
Future Land Use Map Designation Area Acreage Number of
parcels
Urban [Residential Subdistrict]*8,635 2,286
Estates 25,665 11,094
Rural Fringe Mixed Use District 12,540 1,575
Agricultural/Rural 6,282 19
Conservation 6,401 125
Rural Lands Stewardship Area*
2,709 identified
on map
+36,719
18 identified
on map
Total 98,951 15,099
* The acreage for the RLSA were obtained from the RLSA White Paper, May 21, 2019. There are currently 39,428 out of
89,288 acres of HSA, FSA, and WRA not protected through an SSA designation.
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Packet Pg. 1007 Attachment: Ballot Language BCC 1-28-2020 rev 1-22-20 PowerPoint (11246 : Conservation Collier Ballot
Po tential Acquisition Lands
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Packet Pg. 1008 Attachment: Ballot Language BCC 1-28-2020 rev 1-22-20 PowerPoint (11246 : Conservation Collier Ballot
Cycle 9 Acquisition List
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Estimated taxes generated at various millage rates
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QUESTIONS?
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What is
Conservation
Collier?
uCounty program that oversees acquisition
and management of sensitive environmental
lands throughout Collier County
uWilling seller program-citizen and owner
nomination
uCollier County tax payers own 4,300 acres
across 20 preserves throughout Collier
County.
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Packet Pg. 1012 Attachment: Ballot Language BCC 1-28-2020 rev 1-22-20 PowerPoint (11246 : Conservation Collier Ballot
11.A.4Packet Pg. 1013Attachment: Resolution with Bond Language CAO Stamped (11246 : Conservation Collier Ballot Language Options)
11.A.4Packet Pg. 1014Attachment: Resolution with Bond Language CAO Stamped (11246 : Conservation Collier Ballot Language Options)
11.A.4Packet Pg. 1015Attachment: Resolution with Bond Language CAO Stamped (11246 : Conservation Collier Ballot Language Options)
11.A.4Packet Pg. 1016Attachment: Resolution with Bond Language CAO Stamped (11246 : Conservation Collier Ballot Language Options)
11.A.4Packet Pg. 1017Attachment: Resolution with Bond Language CAO Stamped (11246 : Conservation Collier Ballot Language Options)