Agenda 01/10/2023 Item #12A (To report back to the Board on the policy of paying full appraised value for Conservation Collier properties)12.A
01 / 10/2023
EXECUTIVE SUMMARY
Report to the Board by the County Attorney on the Issue of Paying Full Appraised Value for Conservation
Collier properties.
OBJECTIVE: To report back to the Board on the policy of paying full appraised value for Conservation Collier
properties.
CONSIDERATION: At the December 13, 2022 Regular Meeting, the Board of County Commissioners heard
Item IIA (Recommendation to approve the Cycle IIA Conservation Collier Active Acquisition List (AAL),
approve the revised Acquisition Cycle Ranking Schedule, and direct staff to pursue projects recommended within
the A -Category in sequential order, funded by Conservation Collier Land Acquisition Fund (172). During the
Board's discussion, a question was raised by several Commissioners as to why we cannot pay less than full
appraised value. I then committed to the Board that I would work with the County Manager and follow up with an
Executive Summary discussing this issue.
There is no requirement within the Conservation Collier Ordinance that the County pay full appraised value. The
relevant section of the Ordinance respecting the purchase of these lands is as follows:
Sec. 54-279. 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.
(Ord. No. 02-63, § 9; Ord. No. 2019-03, § 9)
The required payment of full Appraised Value is set forth in Resolution No. 2007-300 which provides in relevant
part as follows:
B) Offer Amount Methodology:
1. If the estimated value of the property is less than $500,000.00, Real Estate Services staff
shall secure one narrative appraisal report from a licensed independent real estate appraiser
on an approved list with Collier County and on the Florida Division of State Lands list of
appraisers. The Offer Amount will be equal to the appraised value.
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 on Collier County' s and the Florida Division of State Land' s list of
approved 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.
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12.A
O1/10/2023
Resolution No. 2007-300 was an update of Resolution No. 2003-195, which also required payment of full
Appraised Value. A review of the transcripts of both the 2003 and 2007 Board discussions reveal that the issue of
payment of full appraisal value was never discussed by the Board.
Since this is a matter of Board Resolution, amending the policy to allow for payment less than full appraised value
is simply a policy decision for the Board, requiring simple majority vote. Should the Board wish to change this
policy, I recommend that the Board direct me to come back for a public hearing with an amended resolution.
FISCAL IMPACT: None at this time.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive
Summary.
RECOMMENDATION: None, except that if the Board wishes to change this policy, I recommend that the Board
direct me to come back for a public hearing with an amended resolution.
Prepared by: Jeffrey A. Klatzkow, County Attorney.
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12.A
01/10/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 12.A
Doc ID: 24254
Item Summary: Report to the Board by the County Attorney on the Issue of Paying Full Appraised Value for
Conservation Collier properties.
Meeting Date: 01/10/2023
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
01/03/2023 3:26 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
01/03/2023 3:26 PM
Approved By:
Review:
County Attorney's Office
Office of Management and Budget
Office of Management and Budget
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Debra Windsor Level 3 OMB Gatekeeper Review
Susan Usher Additional Reviewer
Christopher Johnson Additional Reviewer
Dan Rodriguez Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Completed
01/03/2023 3:39 PM
Completed
01/03/2023 3:49 PM
Completed
01/04/2023 10:03 AM
Completed
01/04/2023 11:09 AM
Completed
01/04/2023 2:22 PM
01/10/2023 9:00 AM
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