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Backup Documents 03/12/2024 Item #11A PresentationsApril 15, 2021 Conservation Collier: Updates to the Ordinance March 12, 2024 Overview: Fall 2023: Board directed staff to amend Ordinance January 23, 2024: Staff Recommendations presented to BCC January – February 2024: Additional Considerations by Staff / CAO March 6, 2024: Changes Presented to CCLAAC March 12, 2024: Request to Advertise 2 Major Ordinance Changes: Funding of the Conservation Collier Program Property Eligible for Acquisition and Maintenance Nomination of Acquisition Proposals Procedures for Selection and Purchase 3 Funding of the Conservation Collier Program: Collier County has established and will maintain (1) the Conservation Collier Acquisition Trust Fund for use in acquiring environmentally sensitive lands in Collier County, and (2) 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 Lands Acquisition Trust Fund, or have otherwise been approved for management. Each year through Fiscal Year 2031, the Board will set the millage rate for the Conservation Collier Program, which may not exceed .25 mills, and set the percentage of revenues each Fund will receive for that fiscal year. At the direction of the Board, funds may be transferred between the two funds, or used for any other County purpose, if found to be in the best interest of the public by majority vote of the Board of County Commissioners. 4 Properties Eligible for Acquisition & Maintenance: 4. Acquisition of property can be by fee simple or by a conservation easement in a form approved by the Board. If conservation easements are acquired: a. The property will retain those development rights as negotiated by the parties, including but not limited to agriculture and single-family development. b. The property owner shall be responsible for the maintenance of the conservation easement. c. The conservation easement shall not be vacated nor receive an Easement Use Agreement. Additionally, for properties within the Rural Fringe Mixed Use District (RFMUD) “Sending” lands, if implemented by the Board the parties may negotiate a Transfer of Development Rights to “Receiving” lands, subject to the rules in the Purchasing Policy (Resolution 2007-300, as amended). 5 Properties Eligible for Acquisition & Maintenance: The Board may sell Conservation Collier lands provided that the proceeds of the sale are put back into the Conservation Collier Program. The proceeds may only be used for additional purchases of environmentally sensitive land or for the maintenance of existing Conservation Collier parcels. 6 Nomination of Acquisition Proposals: Public and landowner applications nominating properties for acquisition may be submitted at any time; applications shall be gathered and evaluated within the framework of an acquisition cycle, which time frame shall be publicly announced evaluated as they are received. 7 Procedures for Selection and Purchase: Acquisition proposals for which applications have been received shall be prescreened using the following initial screening criteria:a.Lands featuring one of the Critical Lands and Water Identification Project (CLIP)Priority 1NaturalCommunitiesfoundinCollierCounty:Upland Hardwood Forest,Scrub,CoastalUpland,Dry Prairie,and Upland Pine.b.Lands featuring one of the CLIP Priority 2 through 4 Natural Communities found in CollierCounty,including Pine Flatwoods and Coastal Wetlands.c.Lands featuring other native natural communities.d.Lands offering cultural values, appropriate access for natural resource-based recreation, and the enhancement of the aesthetic setting of Collier County.e.Lands which protects the most water resource values, including aquifer recharge, water quality, wetland dependent species habitat, wildfire risk reduction, storm surge protection, and flood control.f.Lands containing the most biological value, including biodiversity and listed species.g.Lands which enhance and/or protect the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor.h.Lands 20 acres or larger.i.Lands within a Board-approved target protection mailing area. 8 Procedures for Selection and Purchase: Proposals which satisfy three (3) out of nine(9) the initial screening criteria will be further evaluated for presentation to the Land Acquisition Advisory Committee for review and ranking by staff or a qualified third-party. 9 Procedures for Selection and Purchase: Acquisition proposals which satisfy six (6) out of nine (9) of the Initial Screening Criteria and fulfill the purposes of Conservation Collier will forego the Land Acquisition Advisory Committee and be placed on a Board of County Commissioners agenda for consideration by the Board to move forward with the acquisition process. 10 Procedures for Selection and Purchase: This signed contract will be presented to the Board of County Commissioners at a public hearing for the Board’s review and consideration. 11 Additional CCLAAC Recommendations: Definitions: Adding “in perpetuity” to the definition of ‘Management’ Voting for funding percentages, allocating monies to other purposes, extension of program only be approved by a super-majority vote. If Properties are to be sold, include a list of criteria for how a property would be considered to be removed. If funds are transferred from accounts for other County purposes, add language that it will be repaid. Remove Stewardship Sending Areas from list of properties that would not be considered for acquisition 12 Recommendation: To direct staff to advertise an Ordinance amending Ordinance 2002-63, which established the Conservation Collier Program and bring back the Ordinance at an advertised public hearing. 13 Conservation Collier Ordinance Revisions: Audubon Recommendations Brad Cornell, Policy Director Audubon Western Everglades Presentation to the Collier County Board of Commissioners, March 12, 2024 Audubon supports the revisions to accelerate land acquisition. Section 11, #5: Applications shall be evaluated as they are received. This will save months of time as compared with the current process! Section 12, #1: Updated criteria are much clearer and this clarity will speed up the evaluation process. Section 12, #8: Signed contracts will be sent directly to the BCC, rather than to CCLAAC. This will save about a month of process time. Audubon recommends deleting all references to diverting funds Unnecessary as budget authority of the Board of Commissioners has already been confirmed publicly by the County Attorney. Precedent of emergency use of Management Trust Funds for Hurricane Irma recovery. Including text in the Ordinance that says the Board has such already exercised authority conveys the sense that the Board does not support the Conservation Collier Program, which is false. Alternatively, Audubon recommends adding to each of the four diversion references the following replacement language: “…provided all such diverted funds are replaced in the respective trust funds as soon as practicable.” SECTION SIX: Creation of the Conservation Collier Acquisition Trust Fund. Funding of the Conservation Collier Program. [Lines 153-155] At the direction of the Board, funds may be transferred between the two funds, or used for any other County purpose , if found to be in the best interest of the public by majority vote of the Board of County Commissioners, provided all such diverted funds are replaced in the respective Trust Funds as soon as practicable. [Lines 183-186] 2. The two Conservation Collier Acquisition Trust Funds shall be maintained in a separate and segregated trust fund of the County to be used solely for the authorized purposes set forth herein, and for any other County purpose deemed to be in the best interest of the public by majority vote of the Board of County Commissioners , provided all such diverted funds are replaced in the respective Trust Funds as soon as practicable. Section 6, continued… [Lines 238-240] 3.(n.) Funds may be transferred out of the Conservation Collier Acquisition Trust Fund for any other County purpose if found to be in the best interest of the public by majority vote of the Board of County Commissioners , provided all such diverted funds are replaced in the Acquisition Trust Fund as soon as practicable. [Lines 278-280] 5. Funds may be transferred out of the Conservation Collier Management Trust Fund for any other County purpose if found to be in the best interest of the public by majority vote of the Board of County Commissioners, provided all such diverted funds are replaced in the Management Trust Fund as soon as practicable. Audubon recommends revisions to address policy needs and deficiencies [Lines 363-364] Section 8, #1: …with the exception of lands currently designated as permanent Stewardship Sending Areas within the Rural Lands Stewardship Area program. [Lines 372-386] Section 8, #4: Delete this item on conservation easements and TDR credits as premature. The concepts could have merit, but need more thorough vetting by staff, public and advisory committees. Corrections, Fixes and Omissions, cont’d… [Line 338] Sect. 8, #5: The Board may sell Conservation Collier lands which no longer meet the purpose of the program… [Lines 440-442] Sect. 9, #1(d.): The Flow-way and Habitat Stewardship Areas as depicted on the Future Land Use Map of the Collier County Growth Management Plan, except for those areas currently designated as permanent Stewardship Sending Areas . [Lines 580-581] Sect. 12, #5: …although failure to notify said owners shall not invalidate these proceedings. All proposed sites are evaluated and ranked A, B or C and added to those applications which satisfied at least six of nine initial criteria as the currently recommended Active Acquisition List. Good news… Photo: Jean Hall (Marco Is) Thank you for the direction to improve Conservation Collier and considering our carefully thought- out revisions.