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Agenda 09/23/2025 Item #11A (Resolution - Purpose of including mitigation expenses and adjustments within the appraised value of the property)9/23/2025 Item # 11.A ID# 2025-1405 Executive Summary *** This item was continued from the April 22, 2025, BCC Meeting. *** Recommendation that the Board of County Commissioners approve a Resolution, amending Resolution No. 2007-300, as amended, the Purchasing Policy for the Conservation Collier Program, for the purpose of including mitigation expenses and adjustments within the appraised value of the property. OBJECTIVE: To amend Resolution No. 2007-300 regarding the Purchasing Policy for the Conservation Collier Program, to incorporate an appraisal methodology that accounts for adjustments in mitigation expenses. CONSIDERATIONS: On June 10, 2003, the Board of County Commissioners approved Resolution No. 2003-195, which established the Conservation Collier Purchasing Policy. Subsequent revisions to the policy were approved via Resolution No. 2007-300 and Resolution No. 2023-10. On February 11, 2025, the Board directed staff to revise the Purchasing Policy to require appraisals to be adjusted to reflect additional adjustments, including mitigation expenses and other soft costs. The proposed Purchasing Policy amendments include revisions to the offer methodology for all properties. These revisions require appraisals to reflect adjustments to the appraisal value, including mitigation and soft costs, if applicable. A definition for the adjustments has been incorporated into the valuation process to ensure that the resulting value is equitable to the sellers while preventing inflated values. Furthermore, there is explicit language stating that for- sale listings, pending sales, and other Conservation Collier acquisitions shall not be used as comparable sales in appraisals. The policy update also includes a revision to reflect the current name of the Real Property Management section. Following the Board’s February direction, the Office of Inspector General (OIG) initiated a review of the Conservation Collier purchasing policy, internal procedures, and appraisal methodologies. That review has now been completed, and the revised policy also incorporates OIG’s recommendations, in addition to the changes previously directed by the Board. Specifically, the updated policy: 1. Adds zoning and location criteria to the purchase evaluation process, with flexibility for exceptional conservation value. 2. Allows use of the lower appraisal value (rather than the average) for price negotiations when multiple appraisals are obtained. 3. Clarifies that appraised value is a ceiling, not a required offer amount, and requires offers based on verified lower listing prices. 4. Requires written procedures for third-party appraisals to ensure consistency and independence in valuation practices. 5. Establishes parameters for the use of appraisals older than one year, including potential certification updates when closings are delayed. Staff will also implement several administrative updates consistent with the commitments outlined in our response to the OIG’s report. On June 4, 2025 and August 6, 2025, the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) reviewed the proposed revisions to the Conservation Collier Purchasing Policy. CCLAAC recommends that, under Section II. B. 1. c. of the Purchasing Policy, wetland determinations for properties under consideration for acquisition be obtained at the cost of the County and not at the cost of the owner. CCLAAC recommends that the three existing parcels previously approved for acquisition (Golden Land Partners, Van Cleef, and HK Investments) be acquired under the requirements of the current Purchasing Policy. Also, the CCLAAC considered Audubon Western Everglades proposed revisions to Section II.A.1.c which is back-up to this item, This item is consistent with the Collier County strategic plan objectives to preserve and enhance the character of our community and to protect our natural resources. Page 796 of 3896 9/23/2025 Item # 11.A ID# 2025-1405 FISCAL IMPACT: There is no direct fiscal impact associated with this item. However, the proposed appraisal methodology may reduce the county's acquisition costs over time. 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. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. -SAA RECOMMENDATIONS: To approve the attached resolution, amending Resolution No. 2007-300, as amended, amending the Conservation Collier Purchasing Policy. PREPARED BY: Jaime Cook, Director, Development Review Division, Growth Management Community Development Division ATTACHMENTS: 1. Resolution amending Resolution 2007-300, as amended. (Proposed) with CAO stamp 2. Resolution 2007-300 3. Resolution 2023-10 4. Audubon Western Everglades Proposed Language Presented to CCLAAC Page 797 of 3896 Page 798 of 3896 Page 799 of 3896 Page 800 of 3896 Page 801 of 3896 Page 802 of 3896 Page 803 of 3896 Page 804 of 3896 Page 805 of 3896 Page 806 of 3896 Page 807 of 3896 RESOLUTION NO. 2023 - 1 0 A RESOLUTION AMENDING RESOLUTION NO. 2007-300, THE PURCHASING POLICY FOR THE ACQUISITION OF LANDS BY THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM. WHEREAS, Collier County has recognized the need to plan for future growth and has initiated a long-term program, known as Conservation Collier, to acquire, protect, restore and manage environmentally sensitive lands in perpetuity and to provide public open space for the benefit of present and future generations; and WHEREAS, the Board of County Commissioners (Board) has created Conservation Collier and implemented its policies, goals, and objectives by adopting Ordinance No. 2002-63, as amended. WHEREAS, the Conservation Collier Program seeks to acquire property based upon a reasonable and appropriate purchase price; and WHEREAS, the Board adopted Resolution No. 2007-300 to establish a methodology to value lands considered for acquisition; and WHEREAS, the Board has determined that it is necessary to update the acquisition policy established by Resolution No. 2007-300. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that Section II of Resolution No. 2007-300 is hereby amended 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 shall be determined by staff, but shall be no more than the appraised value. 2. If the estimated value of the property is $500,000.00 or greater, Real Estate Services staff shall: Page 1 of 3 Words underlined are added; Words struck through are deleted. Page 808 of 3896 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 appraised value will be equal to the average of the two appraisals. The Offer Amount shall be determined by staff, but shall be no more than the appraised value. 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 appraised value. The Offer Amount shall be determined by staff, but shall be no more than the appraised value. 3. All appraisals will be reviewed by Collier County's Real Estate Services staff appraiser and any appraisal that does not meet generally accepted appraisal standards will not be used to arrive at the Offer Amount. Either the appraiser must bring the appraisal to compliance or a replacement appraisal will be ordered and used to determine the Offer Amount. 4. Should the offer not be accepted by the owner within the thirty (30) day acceptance period, no further contact will be initiated by the Real Estate Services staff in respect to that offer. If the owner again contacts the County before six(6) months has elapsed from expiration of the offer, offering to sell the same property, the same offer can again be made upon certification of the existing appraisal by the County's Real Estate Appraiser. If the owner contacts the County after more than six (6) months have elapsed since expiration of the offer, and the property is still on the Active Acquisition List, a new appraisal shall be ordered by Real Estate Services staff pursuant to this policy, with the owner paying for this new appraisal in advance. Without such payment, a new appraisal shall not be ordered. SECTION III.Effective Date. This Resolution shall go into effect immediately upon its passage and adoption. Page 2 of 3 Words underlined are added;Words struck through are deleted. Page 809 of 3896 THIS RESOLUTION ADOPTED after motion, second and majority vote this 10th day of January, 2023. ATTEST.P.. BOARD OF COUNTY COMMISSIONERS Crystal Ii,_cio) of Courts COLLIER COUNTY, FLORIDA 21(fr ,By k.- '.By: Attn.t bs.to C d uty C er Rick LoCastro, Chairman sip reon . Appro ed legality:If Jeffre K County Attorney Page 3 of 3 Words underlined are added; Words struck through are deleted. Page 810 of 3896 Conservation Collier – Purchasing Policy Revisions, Resolution 2025-______, amending Reso 2007-300 Currently proposed revisions to Section II.A.(1)c: Audubon Western Everglades recommended revisions to Section II.A.(1)c: c. Before the County orders any appraisal, the owner may provide an informal wetland determination for the property, no older than five years, at their sole cost and expense, unless the property has already been identified as a wetland by Conservation Collier staff for parcels of simple and clear status and based on best available data. For parcels with unclear or complicated wetland status, the County will provide an informal wetland determination, unless the parcel is part of a multi-parcel project, in which case all properties are identified and appraised as wetlands. The appraisal will not proceed until the determination is received and reviewed. Page 811 of 3896