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BCC Minutes 05/13/2002 W (Vote Conservation Collier 2002)May 13, 2002 VOTE CONSERVATION 2002 WORKSHOP Collier County Board of Commissioners MINUTES MAY 13, 2002 Chairman Jim Coletta called the meeting to order at 2:00 PM. He began the meeting with the Pledge of Allegiance. ATTENDANCE: Board of Commissioners: Jim Coletta, Chairman; Tom Henning, Vice Chairman; Fed Coyle; James D. Carter; Donna Fiala. Collier County: Tom Olliff, County Administrator; David Weigel, County Attorney Public: Ellen Getz, Sue Mullins, Brad Cornell, Dick Grant, Ed Freeman, Ty Agoston, Ellen Lindblad. I. INTRODUCTION OF COALITION MEMBERS AND PURPOSE OF INITIATIVE Chairman Coletta asked Mr. Olliff to recap the purpose of the workshop. Mr. Olliff explained that this is a follow-up to a public petition item presented by the Vote Conservation 2002 Committee. At this workshop, they will present the matter to the Commissioners. He introduced Ellen Getz, a Vote Conservation 2002 Volunteer to introduce the group. Ms. Getz explained that this is a grass roots initiative that the group has been meeting for over one year to research the issue. She acknowledged the support and cooperation among numerous environmental groups as key to their progress. The cooperating groups are: Audubon of Florida; The Conservancy of Southwest Florida; Collier Audubon Society; the Nature Conservancy; Florida Wildlife Federation; CREW Trust; the League of Women Voters; the Collier Building Industry Association; and interested citizens. Ms. Getz explained that voters have an opportunity on November 5th to tell the Commissioners that they want to preserve the character and quality of life in the County. The proposal is for a property tax increase of $25. per $100,000 of taxable value for up to 10 years. The purpose is to fund a bond issue for the purchase of environmentally valuable land and remove it from development in perpetuity. She acknowledged that growth cannot be stopped but it can be shaped, and that it is important to balance development with green space. She reviewed key reasons to support the referendum as outlined in handout materials. These are: to help control growth; to maintain the supply and quality of water; to protect ecological systems and unique wildlife; and to save land for green space. She said that most of the preserved Collier land is in Eastern Collier and the targeted land purchase will be in Western Collier and in urban areas. Since this money would be matched by other funding sources, she said that it is a good value, and is what other Florida counties with similar programs in place are experiencing. She stated that time is running out and land prices are escalating. May 13, 2002 II. THE NATURE CONSERVANCY RESEARCH RESULTS Sue Mullins, The Nature Conservancy, next presented the results of a phone survey of 400 registered Collier County voters conducted by the Kitchens Group in April, 2002. A majority (54%) of those surveyed said they would support bonding for the land conservation program when simply read the test ballot. She said that high favorable responses were given to all questions supporting quality of life issues, when asked if they would be more likely to support efforts to fund a program to protect environmentally sensitive lands, such as: slowing down the pace of development; protection of quality of drinking water; and endangered plants and animals. A copy of the survey results were given to the Commissioners. She said that these results are similar to results obtained in a similar state-wide survey and that there is generally 80% to 90% voter support for these programs. There are 25 counties in Florida with similar programs. Commissioner Fiala asked how the survey participants were selected and what company conducted the polling. Ms. Mullins explained that the survey group represented the demographics of the County by income, geographic area location, political party affiliation, they had voted in at least two of three recent elections, and that the Kitchens Group conducted the poll. Commissioner Henning inquired if any similar voter referendums failed. Ms. Mullins said that two counties failed in their first referendum attempt, but won on the second try. Noting Collier County's history with a previous referendum issue, she expressed confidence that this issue will be successful in Collier County. III. PROPOSED LAND CONSERVATION PROGRAM Brad Cornell, Collier County Audubon Society, began his presentation by acknowledging the help of County staff who assisted the group in this effort. He explained that this initiative is an integral part to the County's growth management plan. He showed photos of land that could be purchased, hence protected, under this Program. These lands included scrubs, isolated wetlands, and water flow ways in urban preserve areas. He next presented the screening criteria for lands to be purchased and the concept of the Lands Acquisition Advisory Committee that will serve the County as a citizens advisory committee or oversight committee. He explained that there are initial screening criteria to be utilized when specific acquisition projects are considered, with any property exhibiting at least two of the criteria. The criteria is listed in the draft Resolution, Section XI, hereby attached, and copies provided to the Board of Commissioners. This criteria includes: land with rare, unique and endangered habitats; land that offers the best human social values; land that protects the most water resource values; land containing the most biological value; and land that enhances and/or protects environmental value. He stated that any land meeting two of the criteria with matching funds available would leverage a significantly higher ranking. Once land has been initially screened, a more comprehensive review would commence with staff and Committee. Only land sold by willing sellers would be considered. Mr. Comell explained the role of the Land Acquisition Advisory Committee and described its' proposed composition of seven members to be appointed by the Board of May 13, 2002 Commissioners as stated in Section VIII of the draft Resolution. These include: two members representing environmental organizations; two members representing agricultural and business interests; one representative of educational interests; one representative of government; and one local civic organization representative. He also described the creation of the Land Trust Management Fund, where 15% of the ad-valorem taxes collected would be dedicated for the perpetual management of all acquired lands. He described that the county-purchased land will be used for compatible nature-oriented passive recreational and educational opportunities available to the public, such as bird watching, hiking, and canoeing. He explained that this is to be a County- implemented Program, called the Conservation Collier Program, through the County Administrator's office. Commissioner Fiala asked if CREW lands would be a major part of the program. Mr. Cornell said that these lands meet the criteria as presented, but that these lands would not be proposed for purchase unless there was matching funds available. Commissioner Fiala questioned the amount of the bond. Mr. Cornell said that this initiative would allow the County to borrow $75 million in bonds to buy land now, as it is rapidly disappearing in the urban area. Commissioner Henning asked how this initiative meets the County's Growth Management Plan and stated that the County has mechanisms in place to protect land from development in the eastern rural areas. Mr. Cornell responded that it fulfills resource protection goals and will serve as a tool to partner with and link to the Plan and that they would compliment each other. Commissioner Carter asked if the Program will remove exotic animals to keep the land open to people. Mr. Comell responded affirmatively, that the Program would remove exotic animals so that the land can be accessible for public use. He then described a management plan for ten years for each land parcel acquired. When asked what will happen after ten years, Mr. Cornell said that the initiative could be re-authorized for perpetual management of the land purchased by the County. Commissioner Coletta asked if hunting and fishing would be allowed on the acquired rural land, stating that public access to the land should be the number one criteria for land acquisition. Mr. Cornell read the public access component from Section XII of the draft Resolution. Commissioner Coletta said that this Section should clearly list the public uses and allowable activities on this land. Commissioner Henning stated that the County has taken measures to direct growth away from those sensitive rural areas. Mr. Cornell responded that other wetlands exist outside of the protected area. Commissioner Henning also questioned what can and cannot happen with the land. Commissioner Coletta stated that after today's workshop, staff would review the information and advise the Commissioners. IV. REVENUE OPTIONS AND PROJECTIONS Dick Grant, Attorney and Volunteer, presented financial aspects of the referendum. He stated that the .25 mil ad-valorem tax would support a $75 million bonding capacity that would start in 2003. Based on the County's estimated tax base in 2003 of $38.4 billion, a conservative yield for the .25 mil ad-valorem tax receipts would be $9.6 million received for 10 years. Assuming no increase in tax value, this would yield $96 million total. He May 13, 2002 said that the receipts could be as high as $148.9 million revenue generated using a 10% progressive increase in tax base each year from 2003-2012. He suggested that .25 mil for the average homeowner is not a large cost by itself and the polling data suggests that the community would support this referendum. A less optimistic projection based on a 5% compounded increase for the same time period would yield $120 million. Based on these projections, the $75 million bond would be supported by this tax increase. He said that 10% to 15% of budget is the average annual cost for land maintenance and that this would become a County budget item after 10 years. Approximately $100 million of property will be taken out of circulation and off the tax base after 10 years. This is approximately .50 percent of the County's current tax roll. Commissioner Coyle stated his concern that the cost to maintain the land would exceed the estimates and that the rate of acquisition should be tied to the management fund. He asked if there was a way to tie the rate of acquisition with the cost of management so that more money can be allocated for land maintenance for perpetuity to avoid asking for another tax increase to cover land maintenance. Ms. Mullins said that some counties have an endowment set aside at the front end so that the management fund accrues interest and grows over time. She cited the difference between the $75 million bond and the $148.9 million revenue projection that could be used for land management, if so desired. V. PREPARATION OF BALLOT ISSUE AND TIME LINE Ellen Getz next recapped the reasons for the referendum. She asked the Commissioners to place the issue on the ballot, and requested that a decision to place the issue on the ballot be made at the June 11 th Board of County Commissioners meeting. VI. GENERAL DISCUSSION Commissioner Coyle asked if boundaries have been established for land to be acquired. He stated that the County has taken precautions to protect the rural fringe area and are moving to do so in the rural area through planning and zoning. He added that it would be helpful to see what lands are under consideration. Mr. Cornell said although the criteria sets limitations on the Program, a map will be developed to show areas under consideration to help target efforts, and that this Program does not duplicate other programs in place. Commissioner Coyle commented that to reduce congestion, rapid sprawl, development intensity and demand for roads, the lands selected should be on the west coast. Dollars spend to acquire lands west of RT. 951 or in the urban boundary would help curb growth explosion. Is the focus on preserving more open lands or to protect certain species? Mr. Cornell responded that a priority of the Program is the protection of rare and endangered habitats most of which are in urban areas. He said that land with the best human social values is also a priority which is targeted to urban areas where people live. Ms. Mullins responded that this is another tool for the County to use to control growth, a plan based on science, to work in conjunction with the Comprehensive Plan and Growth Management Plan. Commissioner Coyle stated that he supports the issue and suggests using 75% of the tax collected in the urban area, rather than rural area, if the group is serious about stopping urban sprawl. Ms. Mullins stated that this Program 4 May 13, 2002 generates seed money for land trust grants in rural areas that adds value to the taxes received for the Program, thus enabling more of the fund to be used in the urban area. Commissioner Carter stated that the taxpayer should have access to the land. He encourages setting up funds in the trust to guarantee land maintenance in perpetuity. Commissioner Coletta said that we are protecting Eastern Collier lands without using tax money. With 20% of the taxpayers residing in the rural County, he expects that they will want to see value for their taxes. This can be reached with the help of the committee. Mr. Cornell explained that the Commissioners will appoint the Land Acquisition Advisory Committee as an oversight committee to act as a conduit for determining priorities. The Committee would lend their judgment to the land selection process in addition to applying the criteria to the land parcels. Commissioner Fiala asked how many employees would be needed to operate the Program. Ms. Mullins introduced Ed Freeman, Nature Conservancy of Sarasota County to respond. Mr. Freeman said that the 15% management fund would pay for employees or the County could contract with a conservancy group to implement the Program on its behalf. Mr. Freeman described his Program, saying that it is under contract with the County, they have 36,000 acres targeted for acquisition, with 10 employees expected to be hired over the course of their 20 year, $53 million, .25 mil bond fund. Commissioner Henning stated his opinion for using the funds to target land in urban areas. He said that unless land is purchased that is to be build upon, he doesn't see how it will help traffic congestion. He feels that the initiative can work to the benefit of the County and that we must preserve a certain percentage of space of land that can be built upon. He expressed concern about what will be said to the public in describing the need for the initiative as being crucial to successful voter approval. He wants the issue to be approved by the voters. Commissioner Coletta stated that residents of the Golden Gate Estates will not want to pay tax dollars that will be spent outside their area, and wants more discussion on the issue. Ms. Mullins stated that the survey solicited comments for persons all over the County, with 70% of respondents approving the protection of specific areas: gulf coast such as Naples Bay and Rookery Bay; rivers such as Gordon and Cocohatchee; and wooded areas such as Camp Keals Strand, Fakahatchee Strand and Okaloacoochee Sough. Commissioner Coyle said that voters want to see the effects of these programs and that it is better to buy land and maintain it than to control it with land development changes. He wants to see a percentage of funds allocated to certain areas. Commissioner Coletta agreed, but not to eliminate a whole area. Ms. Getz stated that a map showing the land currently for sale that meets the initial evaluation criteria would be produced for the June 11th BCC meeting. This map will clearly show that there is land in both urban and rural areas that meet the evaluation criteria. She wants the Program to be fair and equitable to all. Commissioner Coletta stated that one representative from each of the districts selected by the Commissioners be added to the Land Acquisition Advisory Committee. Commissioner Henning suggests that dollars generated within districts stay in those districts. Mr. Comell addressed these comments saying that to buy land in urban areas May 13, 2002 will improve the quality of life by adding green space, and to buy land in rural areas will stop urban sprawl. He wants to keep options open in terms of location and not lock the Program to where the dollars are spent in order to be flexible. He assured the Commissioners that there is land that meets this criteria in all areas of the County. Commissioner Coyle said that voters need motivation to continue to contribute tax dollars to the Program when they see urban area become more dense. He said that a good marketing tool for the future of the Program is to see the successes, since eight years of implementation is not long enough, and we need to look ahead to the future. Commissioner Coletta suggested that initial purchases be identified to give some assurances to the voters. These parcels will illustrate what the Program can accomplish. Commissioner Fiala agreed that a visual presentation is needed, saying if voters can envision the benefits of the Program, the referendum will be successful. These are tips offered to market the referendum to the voters. VII. PUBLIC COMMENTS Mr. Ty Agoston, Golden Gate Estates, stated that he would like to see more active recreational areas in the Golden Gate Estates area, such as tennis courts and soccer fields. He also stated that he is against the proposed referendum, but if approved, he wants to see citizen representation on the committee. He questioned the validity of the survey. Ms. Ellen Lindblad, Executive Director, CREW Land and Water Trust, spoke in favor of the initiative as a tool to protect lands not in the transfer of development rights program can be protected. She likes having additional ways to protect land. She said that urban areas today will not be the same ones as in the future due to escalating development, so it is important to look to the future. She suggested using the interest earned as part of the endowment for land management. VII. CLOSING COMMENTS Commissioner Coletta asked all Board members for final comments to help define the direction for the group effort. Commissioner Fiala stated that she wants to see potential land parcels identified, specifically parcels that protect future water sources. Commissioner Henning wants to meet to discuss how to best promote the referendum to voters in order to be successful. Commissioner Coletta recommended changes to the draft Resolution. He suggested that "open space" be changed to "access" in the ballot question and list the possible permitted uses under certain conditions in the supporting document. He said that residents want both recreational and open space. Commissioner Carter wants to have an effective land management plan with a percentage set aside in a trust to maintain land in perpetuity for use by the public. He stated that a financial plan is needed so that the perception of what can be done verses the reality of what can be done is clearly communicated to the voter. If expectations are not met, the community will not continue to support the Program. Commissioner Coyle asked legal counsel for advice on the ballot issue, he asked if the ballot language can be changed. Mr. Weigel stated that any ballot issue is determined by 6 May 13,2002 the Board of County Commissioners, and that they have flexibility in doing so, the group has submitted a ballot for their consideration. He said that it is a low cost to add this issue to the ballot in November because it is a general County election. He stated that this is to be a County Program where the Administration would have an Advisory Committee to provide assistance but that the Commissioners would ultimately make the determination of which land to purchase. Commissioner Coyle said he would like to see this issue on the June 11th BCC meeting agenda for a decision. He also stated that he wants to ensure proper funding of the Management Trust fund, modifying the percentage allocated to it to ensure perpetuity of land maintenance. He suggested that the boundaries be established with a percentage of dollars to be spent in those areas. Additionally, he wants to clearly identify activities such as fishing for public use on these lands. Commissioner Coletta asked Mr. Olliff for his comments. Mr. Olliff suggested remanding the issue to Finance Committee. He explained that interest expense on the bond payment eats into the revenue projections. He said that the County is spending $40,000 per acre for land purchased for parks at fringe areas. Based on the average cost, under 2000 acres can be purchased. If purchased at $20,000 per acre in rural eastern areas, 4000 acres can be purchased. Therefore, this Program is not at such a large magnitude that it is not manageable, although leveraging the dollars will increase the magnitude of the Program. He said that the County's past surveys illicit a similar response, with a high proportion of respondents being in favor of land conservation. The Chairman asked if anyone in attendance wished to make any additional comments, there were none. Having no further matters to discuss, the meeting was adjourned at 4:15 PM. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEAL/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL "...Y'! ,~l~lltl~f~i~ilgltpproved by the Board on as Presented ~t or as corrected 7