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Agenda 09/08/2020 Item #11B (Conservation Collier Referendum)09/08/2020 EXECUTIVE SUMMARY Recommendation to approve a request from the Conservation Collier Land Acquisition Committee to utilize General Fund monies for public education about the Conservation Collier November 2020 Referendum in an amount not to exceed $30,000. OBJECTIVE: To provide public education for the upcoming Conservation Collier Referendum. CONSIDERATIONS: On January 28, 2020 The Board of County Commissioners adopted a resolution (Agenda Item #11A) authorizing the language to be placed as a non-binding referendum on the November general election ballot regarding the Conservation Collier program. Specifically, the voters will be asked to approve or disapprove reestablishing a not to exceed .25 mil ad valorem levy for ten (10) years to fund Conservation Collier’s acquisition and management of environmentally sensitive lands. The adopted resolution has been provided to the Supervisor of Elections office and the referendum is scheduled to be on the November 3, 2020, ballot. In recent months, the Conservation Collier Land Acquisition Advisory Committee Chair has inquired with staff about obtaining General Fund monies for a pre-referendum public outreach to educate the voters about the Conservation Collier Program history and future plans. All information provided would be purely factual information about the Program. Education strategies necessitating funding include: • Hiring a consultant to assist with the creation of a public presentation and to moderate a public meeting • Creation of a website • Advertising about the program and public meeting FISCAL IMPACT: The Fiscal Impact related to the public education program is no more than $30,000 from the General Fund. Hiring a consultant for a public meeting is estimated to be $10,000 - $15,000, Advertising is estimated at $7,000, and the website is estimated at $5,000. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. LEGAL CONSIDERATIONS: Whether to fund public education from the general fund is a policy decision. As such, this item is approved for form and legality and requires a majority vote. -JAB STAFF RECOMMENDATION: To approve a request from the Conservation Collier Land Acquisition Committee to utilize General Fund monies for public education about the Conservation Collier November 2020 Referendum in an amount not to exceed $30,000. Prepared By: William Poteet, Chair of Conservation Collier Land Acquisition Advisory Committee ATTACHMENT(S) 1. Resolution 2020-022 Ballot language (PDF) 11.B Packet Pg. 28 09/08/2020 COLLIER COUNTY Board of County Commissioners Item Number: 11.B Doc ID: 13246 Item Summary: Recommendation to approve a request from the Conservation Collier Land Acquisition Committee to utilize General Fund monies for public education about the Conservation Collier November 2020 Referendum in an amount not to exceed $30,000. (Steve Carnell, Public Services Department Head) Meeting Date: 09/08/2020 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 08/14/2020 8:35 AM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 08/14/2020 8:35 AM Approved By: Review: Parks & Recreation Ilonka Washburn Additional Reviewer Completed 08/17/2020 7:17 AM Public Services Department Melissa Hennig Additional Reviewer Completed 08/19/2020 9:07 AM Parks & Recreation Barry Williams Additional Reviewer Completed 08/19/2020 4:47 PM Operations & Veteran Services Kimberley Grant Level 1 Reviewer Completed 08/24/2020 4:46 PM Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 08/25/2020 6:48 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/25/2020 8:48 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 08/25/2020 10:45 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/25/2020 10:50 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/25/2020 11:16 AM Budget and Management Office Ed Finn Additional Reviewer Completed 08/26/2020 10:40 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/01/2020 2:46 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/08/2020 9:00 AM 11.B Packet Pg. 29 RESOLUTION NO. 2020 -22 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF COLLIER, FLORIDA, ORDERING AND CALLING A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 3, 2020, WITHIN COLLIER COUNTY, TO DETERMINE IF THE ELECTORS OF THE COUNTY OF COLLIER, FLORIDA APPROVE THE REESTABLISHMENT OF 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 WHEREVER APPLICABLE TO SUCH LANDS, FOR THE PROTECTION OF WATER QUALITY, WATER RESOURCES, WILDLIFE HABITAT, AND PUBLIC OPEN SPACE IN PERPETUITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County recognizes the need to plan for future growth and has initiated a long-term program, known as the Conservation Collier Program, to acquire and manage environmentally sensitive lands in perpetuity for the protection of water quality,water resources, wildlife habitat and public open space; and WHEREAS,the electorate of Collier County on November 5, 2002, authorized Collier County to levy an additional ad valorem tax not exceeding .25 mil for up to ten (10)years and to issue up to $75 million dollars' worth of limited tax general obligation bonds, to be issued in one or more series, payable therefrom, in order to finance acquisition and management of environmentally sensitive lands for the protection of water resources, wildlife habitat and public open space in perpetuity for purposes of the Conservation Collier Program; and WHEREAS, Collier County adopted Ordinance No. 2002-63, as since amended, on December 3, 2002, known as the Conservation Collier Implementation Ordinance, for purposes of further establishing the Conservation Collier Program; and WHEREAS, the electorate of Collier County on November 7, 2006, reaffirmed the November 5, 2002 electorate vote and funding of the Conservation Collier Program continued through the year 2013; and WHEREAS, the Board of County Commissioners generally determined at a public hearing on January 28, 2020, that it would be in the best interests of the Conservation Collier Program and the public to determine whether the electorate wished to continue to be subject to a levy of up to a .25 mil ad valorem tax for 10 years to acquire and manage additional environmentally sensitive lands through the Conservation Collier Program; and r 90 1 11.B.1 Packet Pg. 30 Attachment: Resolution 2020-022 Ballot language (13246 : Conservation Collier Referendum Education) WHEREAS, if the electorate of Collier County wishes the Board of County Commissioners to reestablish a levy up to a .25 mil ad valorem tax for 10 years, additional environmentally sensitive lands may be acquired and managed by the County through the Conservation Collier Program for protection of water quality, water resources, wildlife habitat, and public open space in perpetuity. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, at an open meeting duly assembled in the Board of County Commissioners' Chambers at 3299 East Tamiami Trail, Naples, Florida, this 28th day of January 2020, as follows: SECTION 1. Findings. It is found and declared that: A) This Resolution is adopted pursuant to applicable provisions of law. B) It is desired to ask the electors of the County if they desire the Board of County Commissioners to authorize the annual levy of an additional ad valorem tax not exceeding .25 mil for 10 years for the purpose of continuing to fund the Conservation Collier Program's acquisition and management of environmentally sensitive lands for the protection of water quality,water resources, wildlife habitat and public open space in perpetuity. C) The expenditures authorized serve a paramount public purpose and benefit. D) The recitations of the preamble are hereby adopted as findings herein. SECTION II. Referendum Election Ordered. A referendum election is hereby ordered to be held in Collier County, Florida, on November 3, 2020, to determine whether or not to reestablish the levy of an ad valorem tax not to exceed .25 mil for 10 years for the aforesaid purposes shall be approved by the electors of the County. SECTION III. Voting. The polls will open at the voting places on the date of such election from 7:00 a.m. to 7:00 p.m. on the same day. All qualified electors residing within the County shall be entitled and permitted to vote at such an election as hereinafter provided. The referendum election 2 l 11.B.1 Packet Pg. 31 Attachment: Resolution 2020-022 Ballot language (13246 : Conservation Collier Referendum Education) shall be held and conducted in the place or places prescribed by law for general elections in the County. The referendum election shall be held and conducted in the manner prescribed by law for holding general elections in the County, and the County Manager and Supervisor of Elections are directed to take all necessary measures to conduct the election in all manner required by law. The returns shall be properly canvassed by the County Canvassing Board to be comprised by law, and all procedures and requirements of state law and other applicable law shall be complied with for the purpose of conducting the computation of ballots and completion of election procedures. SECTION IV. Ballots. The ballots to be used in the referendum election shall be on plain white paper, or otherwise permitted electronic format, with a written description of the proposed continuing levy of the tax, and which will provide facilities for qualified electors to vote for or against the continuing levy of the tax as they may choose. Voting equipment shall be used at such referendum election as the Supervisor of Elections deems appropriate and as permitted by law. The question appearing on the ballots to be used in the referendum election shall be in substantially the following form: BALLOT REESTABLISH FUNDING FOR CONSERVATION COLLIER TO PROTECT WATER QUALITY, WATER RESOURCES, AND WILDLIFE HABITAT 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? YES NO P) 3 11.B.1 Packet Pg. 32 Attachment: Resolution 2020-022 Ballot language (13246 : Conservation Collier Referendum Education) SECTION V. Vote-by-mail voting. Adequate provision shall be made for vote-by-mail voting. Ballots used shall be suitable for voting by mail. Vote-by-mail ballots shall be in substantially the form set out above and in accordance with the Florida Election Code. SECTION VI. Results of Election. Returns of the votes cast at the election shall be made to and canvassed by the Canvassing Board and the Canvassing Board shall declare the results and certify the same to the County Manager to be recorded in the minutes of the County. If a majority of the votes cast at such election in respect to the continuing levy of the tax shall be "YES", such tax may be levied by the County pursuant to the terms and provisions of applicable law, ordinances, or resolutions. The public should note, however, that this ballot is in the nature of a "straw" ballot to understand the desires of the electorate and the County has the legal right in accordance with applicable law to continue or discontinue the levy regardless of the vote. Regardless of the results of the election, the Supervisor of Elections is hereby directed to submit such results to the Department of State pursuant to Section 100.351, Florida Statutes. SECTION VII. Publication of Resolution and Notice. At least 30 days' notice of the election shall be published in the Naples Daily News, or any other newspaper of general circulation within the County, at least twice, once in the fifth week and once in the third week prior to the week in which the election is held, in the manner provided in Section 100.342, Florida Statutes. The notice of election shall be in substantially the following form: NOTICE OF TAX REFERENDUM COUNTY OF COLLIER, FLORIDA, ON NOVEMBER 3, 2020 NOTICE IS HEREBY GIVEN THAT A COUNTY OF COLLIER, FLORIDA, TAX REFERENDUM will be held on the 3`d day of November 2020, in the County of Collier, Florida, for the purpose of determining whether an ad valorem tax not exceeding .25 mil shall continue to be levied for 10 years for the purpose of continuing to fund the Conservation Collier Program's 4 11.B.1 Packet Pg. 33 Attachment: Resolution 2020-022 Ballot language (13246 : Conservation Collier Referendum Education) acquisition, management and preservation of environmentally sensitive lands, and compatible public access to such lands, for the protection of water quality, water resources, wildlife habitat and public open space. The polls will be open at the voting places on the date of referendum election at 7:00 a.m. to 7:00 p.m. on the same day, all as provided in Resolution No. 2020-22 adopted by the Board of County Commissioners of Collier County, Florida on, which is a matter of public record. All qualified electors residing within the County of Collier shall be entitled, qualified and permitted to vote at such election. The County of Collier, Florida Burt L. Saunders, Chairman Board of County Commissioners SECTION VIII. Effective Date. This Resolution shall go into effect immediately upon its passage and adoption. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this 28th day of January, 2020. ATTEST:r•,, ' BOARD OF COUNTY COMMISSIONERS CRYST ,•K:IN EL, CLERK COLLIER OUNTY, FLORIDA tea G •, By: 1 ,`By: Deputy\Cl=Y Burt L. Saunders, CHAIRMANAttestastoChairman's signature only. Approved as to form and legality: Jenni er A. Belpedio Assistant County Attorney I j 3 a J aDa 0 5 11.B.1 Packet Pg. 34 Attachment: Resolution 2020-022 Ballot language (13246 : Conservation Collier Referendum Education)