Ordinance 2002-63ORDINANCE NO. 2002- 6 3
AN ORDINANCE ESTABLISHING THE
CONSERVATION COLLIER PROGRAM;
PROVIDING FOR FINDINGS, PURPOSE AND
INTENT; POWERS; FORMATION, DUTIES AND
COMPOSITION OF ADVISORY BOARD;
DURATION; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier County has studied various methods for the acquisition of
environmentally sensitive land for conservation, preservation and urban green space; and
WHEREAS, Collier County has Home Rule Powers established by the Florida
State Legislature pursuant to Florida Statutes, Chapter 125 and has the power to carry on
government to the extent not inconsistent with general law; and
WHEREAS, Collier County desires to provide a mechanism to equitably deal
with the implementation of the Community Character Plan, the Comprehensive Growth
Management Plan, which recommend acquisition of environmentally sensitive lands; and
WHEREAS, On Tuesday, November 5, 2002, the electorate of Collier County
authorized the County to levy a 0.25 mill ad valorem property tax for a period not to
exceed 10 (ten) years, for acquisition, protection, restoration, and management of
environmentally sensitive lands in Collier County for the benefit of present and future
generations; and
WHEREAS, Collier County's significant natural resources, productive estuaries
and wetlands, remarkable biodiversity, and unique subtropical habitats harboring many
species of rare and endangered flora and fauna merit the most protection any county's
citizens' could offer; and
WHEREAS, It is the intent of the Board of County Commissioners of Collier
County to establish Conservation Collier to implement this mandate and to support its
purposes to the fullest, limiting all uses of, and all investment earnings on, such levies to
such purposes; and
WHEREAS, the Collier County Board of County Commissioners recognizes the
need for the creation of an advisory board to advise the County and the public in the
implementation of the program and the selection of project sites for acquisition; and
WHEREAS, the Collier County Board of County Commissioners, in recognition
of the fact that the proposed environmentally sensitive lands are to be purchased in whole
or in part through a special ad valorem assessment, hereby recognize the rights of our
citizens to have reasonable public access and for all our citizens to partake and enjoy
various outdoor activities in a reasonable and environmentally friendly manner on lands
purchased with these funds; and
WHEREAS, the Board of County Commissioners will ensure that Conservation
Collier is a willing participant program and shall utilize only methods of voluntary
acquisition;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION 1: Name:
This ordinance shall be known as Conservation Collier Implementation
Ordinance.
SECTION 2: Objectives:
Conservation Collier is therefore hereby established to acquire, preserve, restore,
and maintain vital and significant threatened natural lands, forest, upland and wetland
communities located in Collier County, for the benefit of present and future generations.
SECTION 3 - Findings:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. All ad valorem funds generated hereby shall be collected by the Collier County
Tax Collector.
3. The County Manager or his or her designee, shall administer this program in
accordance with the procedures and criteria provided for herein.
SECTION 4 - Purpose and Intent:
1. To acquire, protect and manage environmentally sensitive lands that contain
natural upland or wetland communities, native plant communities, rare and endangered
flora and fauna, endemic species, endangered species habitat, a diversity of species,
significant water resources, or outstanding aesthetic or other natural features, maximizing
protection of Collier County's rarest, most unique and endangered habitats;
2. To acquire, protect and manage environmentally sensitive lands that offer the best
human social value, including equitable geographic distribution, natural resource based
recreation, and protection of water resources, local ecological awareness, and
enhancement of the aesthetic setting of Collier County;
3. To acquire, protect and manage environmentally sensitive lands that serve to
recharge the County's aquifers and protect its wetlands and surface water resources to
ensure the delivery of clean and plentiful water supplies and provide flood control;
4. To acquire, protect and manage environmentally sensitive lands containing the
most biological value, including biodiversity, listed species habitat, connectivity,
restoration potential, and ecological quality;
5. To protect present conservation lands by acquiring, protecting and managing
adjacent properties which, if not acquired, would threaten the environmental integrity of
the existing resource, or which, if acquired, would enhance and buffer the environmental
integrity of the resource, and add to resource connectivity;
6. To restore the natural functions, as necessary, to any impacted and vulnerable
habitats which would then contribute significantly to fulfilling this program's goals;
7. To help implement the objectives and policies of the Collier County Growth
Management Plan which have been promulgated to preserve and protect environmental
protection areas designated in the Plan and other natural forest resources, wetlands,
endangered species habitat, and vulnerable rare habitats;
8. To identify Collier County's best and most endangered environmental lands for
acquisition, protection and management by evaluating the biological and hydrological
characteristics and viability of the resource, the vulnerability of the resource to
degradation or destruction, and the feasibility of managing the resource to maintain its
natural attributes;
9. To manage acquired environmentally sensitive lands with the primary objectives
of maintaining and preserving their natural resource values, and providing appropriate
natural resource-based recreational and educational opportunities, by employing
management techniques that are most appropriate for each native community so that our
natural heritage may be preserved and appreciated by and for present and future
generations;
10. To have the acquired sites available, with minimal risk to the environmental
integrity of the site, to educate Collier County's school-age population and the general
public about the uniqueness and importance of Collier County's subtropical ecosystems
and natural communities;
11. To protect natural resources which lie within the boundaries of other conservation
land acquisition programs, where Conservation Collier funds would leverage
significant other matching sources of funding for other agency acquisition projects that
would not be available without such a local match, or which would result in considerably
higher funding rank in another program, however, Collier County shall exclude
Municipalities within the County from any requirement to provide matching funds;
and,
12. To cooperate actively with other acquisition, conservation, and resource
management programs, including, but not limited to, such programs as the State of
Florida Conservation and Recreation Lands program, the Land Acquisition Trust Fund,
Florida Forever, and Save Our Rivers program, where the purposes of such programs are
consistent with the purposes of Conservation Collier as stated hereinabove.
SECTION 5- Definitions:
The following words and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section:
1. "Acquisition proposal" shall mean (a) parcel(s) of land which has/have been
nominated or recommended for conservation in accordance with the procedures provided
for herein.
2. "Acquisition project" shall mean (a) parcel(s) of land approved by the Board of
County Commissioners for conservation by the county in accordance with procedures
provided for herein.
3. "Authorized Purpose" means expenditures authorized herein.
4. "Non-profit organization" shall mean an organization as defined in section 501 of
the United States Internal Revenue Code, operating in Collier County, which includes
among its primary goals the conservation of natural resources and the protection of the
environment.
5. "Buffer land" shall mean that land which is adjacent to publicly-owned
environmental land, or privately held land permanently dedicated to conservation, or that
land which is an in-holding within publicly-owned environmental land, and which, if not
acquired, would threaten the environmental integrity of the existing resource, or if
acquired, would enhance the environmental integrity and connectivity of the resource.
6. "Environmentally sensitive" land shall mean that land which contains natural
upland or wetland communities, native plant communities, rare and endangered flora and
fauna, endemic species, endangered species habitat, a diversity of species, significant
water resources, or outstanding aesthetic or other natural features.
7. "Management" shall mean the preservation, enhancement, restoration,
conservation, monitoring, or maintenance of the natural resource values of
environmentally sensitive lands which have been acquired or approved for management
under Conservation Collier, including provision of appropriate
public access.
8. "Target Protection Areas" shall mean larger areas of environmentally sensitive
land within which are located specific sites which generally satisfy the initial screening
criteria and meet the goals of Conservation Collier.
9. "Natural resource-based recreation" shall mean all forms of uses which are
consistent with the goals of this program, and are compatible with the specific parcel.
Such uses shall include, but not be limited to, hiking, nature photography, bird-watching,
kayaking, canoeing, swimming, hunting and fishing.
SECTION 6 - Creation of the Conservation Collier Acquisition Trust Fund.
Collier County shall establish the Conservation Collier Acquisition Trust Fund for
use in acquiring environmentally sensitive lands in Collier County. This fund shall
receive and disburse monies in accordance with the provisions herein.
1. The Conservation Collier Acquisition Trust Fund shall receive monies from the
following sources:
a. All monies accepted by Collier County in the form of federal, State, or
other governmental grants, reimbursements, allocations, or appropriations, foundation or
private grants, donations for acquisition of environmentally sensitive lands and payments
provided for mitigation activity associated with such acquisition activity.
b. Such additional allocations as may be made by the Board of County
Commissioners from time to time for the purposes set forth herein.
c. All interest generated from the sources identified herein except where
monies received have been otherwise designated or restricted.
d. Supplementation from the Conservation Collier Management Trust Fund,
but only with the approval of the Collier County Board of County Commissioners.
e. Up to Eighty-five percent (85%) of all ad valorem revenues collected for
Conservation Collier.
f. The proceeds of any property acquired with funds from the Conservation
Collier Acquisition Trust Fund that is leased or sold by the County, said proceeds, as
determined by the Board of County Commissioners, to be committed either to the
Conservation Collier Acquisition Trust Fund or to the Conservation Collier Management
Trust Fund for the purposes provided for herein. Any such sale or lease shall only be in
accordance with the goals of this Program.
g. Prior to acquiring land located within a Municipality's boundaries,
approval must first be obtained from the governing body of that Municipality.
2. The Conservation Collier Acquisition Trust Fund shall be maintained in a
separate and segregated trust fund of the County to be used solely for the authorized
purposes set forth herein.
3. Disbursements from the Conservation Collier Acquisition Trust Fund shall be
made only for the following authorized purposes:
a. Acquisition of properties which have been approved for purchase by
resolution of the Board of County Commissioners.
b. Costs associated with each acquisition including, but not limited to,
appraisals, surveys, title search work, real property taxes, documentary stamps and surtax
fees, and other transaction costs.
c. Costs of administering Conservation Collier, including any loans from the
General Fund for funding start-up costs until such time as the fund is closed.
Administration of the program may be conducted by County staff or by contract with a
private or not for profit entity subject to meeting all County purchasing procedures.
Administrative costs shall be limited to the greatest extent possible.
d. To undertake and carry out studies and analyses of county conservation
land needs and ways of meeting those needs, limited to no more than $150,000.00
e. To acquire and dispose of real and personal property or any interest
therein when such acquisition is necessary or appropriate to protect the natural
environment, provide public access or public recreational facilities, preserve wildlife
habitat areas or provide access to management of acquired lands; to acquire interests in
land by means of land exchanges; and to enter into alternatives to the acquisition of fee
interests in land, including, the acquisition of easements, life estates, leases, and
leaseback arrangements.
f. Acquisitions consistent with Collier County land development regulations
and the Growth Management Plan.
g. To cooperate with other local, regional, state, or federal public land
acquisition programs. In such cases, the County may enter into contractual or other
agreements to acquire lands jointly or for eventual resale to other public land acquisition
programs in Collier County.
h. All lands acquired and titled solely in the name of Collier County shall be
managed by Collier County, wherever located, unless by mutual written agreement
management arrangements and responsibilities are undertaken with other local, regional,
state, or federal agencies. All lands jointly acquired with other local, regional, state, or
federal agencies, including Municipalities, shall include, as part of the acquisition
process, some mutual written agreement regarding the responsibilities of the joint owners
for maintenance.
i. To borrow money through the issuance of bonds for the purposes provided
herein, to provide for and secure the payment thereof, and to provide for the fights of the
holders thereof.
j. To invest any funds held in reserves or sinking funds, or any funds not
required for immediate disbursement, in such investments as may be authorized for trust
funds under Florida Statutes, Section 215.47 as amended.
k. To insure and procure insurance against any loss in connection with any
of the trust's operations, including without limitation:
a. The repayment of any loans to mortgage lenders or mortgage loans;
b. Any project;
c. Any bonds of the County;
Insurance may be procured in such amounts and from such insurers, including the Federal
Government, as may be deemed necessary or desirable by Collier County.
I. To engage the services of private consultants on a contract basis for
rendering professional and technical assistance and advice.
m. To identify parcels of land that would be appropriate acquisitions.
n. To do any and all things necessary or convenient to carry out the purposes
of, and exercise the powers given and granted herein to the full extent of the law.
SECTION 7 - Creation of the Conservation Collier Management Trust Fund:
There is hereby created the Conservation Collier Management Trust Fund
(hereinafter referred to as 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 Environmentally
Sensitive Lands Acquisition Trust Fund, or have otherwise been approved for
management. The Finance Director is hereby authorized to establish the Conservation
Collier Management Trust Fund and to receive and disburse monies in accordance with
the provisions of this section.
1. The Conservation Collier Management Trust Fund shall be maintained in a
separate and segregated trust fund of the County to be used solely for the authorized
purposes set forth herein.
2. The Conservation Collier Management Trust Fund shall receive monies from the
following sources:
a. Ad-valorem taxes collected for Conservation Collier in an amount not to
exceed 15% of the total collected in any one year.
b. All monies accepted by Collier County in the form of federal, State, or
other governmental grants, allocations, or appropriations, as well as foundation or private
grants and donations, for management of lands acquired with the Conservation Collier
Acquisition Trust Fund or otherwise approved for management.
c. Additional allocations as may be made by the Board of County
Commissioners as necessary from time to time for purposes strictly consistent with the
goals and purposes of Conservation Collier.
d. All interest generated from the sources identified herein, except where
monies received have been otherwise designated or restricted.
3. Disbursements from the Conservation Collier Management Trust Fund shall be
made by the County Manager or his or her designee only in accordance for the authorized
purposes set forth herein.
SECTION 8 - Land Acquisition Advisory Committee:
1. Creation and Purpose: The Land Acquisition Advisory Committee is hereby
established to assist the Board of County Commissioners in establishing an Active
Properties Acquisition List with qualified purchase recommendations consistent with the
goals of Conservation Collier.
2. Appointment and Composition: The Land Acquisition Advisory Committee
shall be composed of nine (9) members who are appointed by and will serve at the
pleasure of the Board of County Commissioners in accordance with Ordinance No. 2001-
55. Membership of the Land Acquisition Advisory Committee shall comprise broad and
balanced representation of the interests of Collier County citizens, including:
a. Environmental and conservation interests in Collier County;
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Agricultural and business interests in Collier County;
Educational interests in Collier County; and
General civic and citizen interests from throughout the county.
Individual members of the Land Acquisition Advisory Committee shall have expertise,
knowledge or interest in ecology, conservation of natural resources, real estate or land
acquisition, land appraisal, land management, eco-tourism or environmental education. A
nominee shall submit to the Board written evidence of his or her expertise, knowledge or
interest in any of the above. The members of this committee should include
representatives from different areas of Collier County.
3. Terms of Office: The initial terms of office of the members shall be staggered
between the individual interests, for balance purposes, and be set as follows:
a. Three (3) members shall serve three (3) years.
b. Three (3) members shall serve Two (2) years.
c. Three (3) members shall serve One (1) year.
Thereafter, all appointments shall be for a term of three (3) years. The process for
appointments and terms of office shall be governed by Collier County Ordinance 2001-
55.
4. Officers, Quorum and Rules of Procedure: At its earliest opportunity, the
membership of the Committee shall elect a chairperson and vice chairperson from among
the members. Officers' terms shall be for a period of one (1) year, with eligibility for
reelection.
The presence of five (5) or more members shall constitute a quorum of the
Committee necessary to take action and transact business. The Committee shall, by
majority vote of the entire membership, adopt rules of procedure for the transaction of
business. The Land Acquisition Advisory Committee shall comply with the applicable
requirements of the Florida Sunshine Law, and shall keep a written record of meetings,
resolutions, findings and determinations in accordance with Chapter 112, Florida
Statutes. Copies of all Committee minutes, resolutions, reports, and exhibits shall be
submitted to the Board of County Commissioners.
5. Attendance and Vacancies: Committee member attendance requirements,
including failure to attend meetings and member removal from office are governed by
Collier County Ordinance No. 2001-55, as amended.
6. Functions, Powers and Duties of the Land Acquisition Advisory Committee: The
Land Acquisition Advisory Committee shall have the following duties and
responsi bi li ti es:
a. The Land Acquisition Advisory Committee's primary responsibility is to
recommend to the Board of County Commissioners an Active Properties Acquisition
List with qualified purchase recommendations consistent with the goals of Conservation
Collier and pursuant to the policies outlined
herein below.
b. The Land Acquisition Advisory Committee may, from time to time,
recommend to the Board of County Commissioners proposed expenditures from the
Conservation Collier Trust Funds; additional selection or acquisition policies, procedures,
and programs; and other such matters as may be necessary to fulfill the purposes of
Conservation Collier. However, the goals and primary criteria of Conservation Collier
may not be modified except by countywide referendum vote.
c. The Land Acquisition Advisory Committee shall have no power or
authority to commit Collier County to any policies, to incur any financial obligations or
to create any liability on the part of the County. The actions and recommendations of the
Land Acquisition Advisory Committee are advisory only and shall not be binding upon
the County unless approved or adopted by the Board of County Commissioners.
d. At such time as there are insufficient uncommitted funds in the
Conservation Collier Acquisition Trust Fund to conclude another acquisition and all
acquisition projects have been closed, the Land Acquisition Advisory Committee shall
report to the County Commission that its business is concluded. Ail remaining
Conservation Collier Acquisition Trust Fund monies shall then be transferred to the
Conservation Collier Management Trust Fund.
7. Review of the Land Acquisition Advisory Committee: The Land Acquisition
Advisory Committee shall be reviewed by the Board of County Commissioners every
four years in accordance with the provisions of Section Nine of Collier County Ordinance
No. 2001-55, as amended.
SECTION 9 - 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.
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 thc Board of County Commissioners.
SECTION 10 - Criteria for Evaluating Lands for Acquisition and Management:
1. The evaluation of each acquisition proposal shall be based on satisfying at least
two of the initial screening criteria below. Qualified sites shall then be further prioritized
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by secondary evaluative criteria listed below under Section 2. The initial screening
criteria are:
a. Land with the most rare, unique and endangered habitats found in Collier
County, order of preference: tropical hardwood hammocks, xeric oak scrub, coastal
strand, native beach, xeric pine, riverine oak, high marsh (saline), tidal freshwater marsh,
other native habitats.
b. Lands offering the best human social values, including equitable
geographic distribution, appropriate access for natural resource-based recreation, and
enhancement of the aesthetic setting of Collier County.
c. Land which protects the most water resource values, including
aquifer recharge, water quality, wetland dependant species habitat, and flood control.
d. Land containing the most biological value, including biodiversity, listed
species habitat, connectivity, restoration potential, and ecological quality.
e. Land which enhances and/or protects the environmental value of current
conservation lands through function as a buffer, ecological link, or habitat corridor.
f. Any qualified land which meets at least two of the above criteria, and has
matching funds available and/or which Conservation Collier funds availability would
leverage a significantly higher funding rank in another acquisition program. Without
such funding circumstances, Conservation Collier funds shall not be available for projects
within the jurisdiction of another agency's acquisition boundaries.
2. Those proposed acquisition proposals which are initially qualified under the
screening criteria shall be evaluated and ranked by the staff and Land Acquisition
Advisory Committee using Secondary Ranking Criteria based on site visit information
which confirms or refutes the initial screening criteria evaluation, and based on
comparative size (to prefer larger of similar parcels), vulnerability to destruction (to
prefer most threatened of qualified parcels), overall resource ecological quality (to prefer
highest quality of similar parcels) and the estimated feasibility and costs of management
(to prefer most manageable parcels).
3. The Board of County Commissioners hereby shall approve and make a part hereof
the attached initial list of Target Protection Areas within which are located specific sites
which generally satisfy the initial screening criteria and meet the goals of Conservation
Collier. Inclusion on this list is not a guarantee of any specific purchase. Ali specific
proposals will be evaluated and ranked by staff and the Land Acquisition Advisory
Committee for a recommendation of approval to the Board of County Commissioners.
In accordance with the goals, policies and procedures of this Conservation Collier
Implementation Ordinance, the following list is the first Target Protection Areas adopted
for consideration by the Land Acquisition Advisory Committee, County Staff and the
Board of County Commissioners.
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All designated Urban lands on the Future Land Use Map of the Collier County
Growth Management Plan with predominantly native vegetative cover.
All Collier County Natural Resource Protection Areas and Sending Lands, as
shown on the Future Land Use Map of the Collier County Growth
Management Plan.
All undeveloped lands with predominately native vegetative cover in the
Northern Golden Gate Estates, as shown on the Future Land Use Map of the
Collier County Growth Management Plan.
4. The Flow-way and Habitat Stewardship Areas as depicted on the Future Land
Use Map of the Collier County Growth Management Plan.
4. The County Manager shall prepare and periodically update for presentation to the
Board of County Commissioners, a Conservation Collier Program Manual, developed by
staff and the Land Acquisition Advisory Committee, which, upon approval by the Board
of County Commissioners, shall be used as a guide for implementing the provisions of
this ordinance, and shall also include the initial and secondary criteria listed herein above
for evaluating Conservation Collier Acquisition Proposals. Commencement of the
acquisition and management program shall be immediate upon approval by the Board of
County Commissioners, passage of the referendum and appointment of the Land
Acquisition Advisory Committee, even if the manual has not been completed.
SECTION 11 - Acquisition List:
The overall Conservation Collier Acquisition List shall consist of two specific
lists: the Target Protection Areas List and the Active Acquisition List. The Land
Acquisition Advisory Committee and Board of County Commissioners shall approve
both in accordance with the procedures set forth below:
1. The Target Protection Areas List shall consist of lands representing the highest
natural resource values (such as Natural Resource Protection Areas), but generally not
specific parcels, and is initially approved by the Board of County Commissioners and
updated periodically by the Board of County Commissioners and Land Acquisition
Advisory Committee. It is established and updated in accordance with Conservation
Collier goals, procedures and criteria.
2. The Active Acquisition List shall consist of criteria-qualified sites that have been
selected from Target Protection Areas, as well as qualified acquisition proposals
submitted to the Land Acquisition Advisory Committee by the public, all of which have
received positive responses from property owners. The Active Acquisition List shall be
updated periodically according to Conservation Collier procedures and criteria. Site
acquisition proposals that receive the highest evaluations pursuant to the Conservation
Collier criteria and for which acquisition is feasible will be placed on this list, pending
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approval by the Land Acquisition Advisory Committee and Board of County
Commissioners.
3. Once approved by the Board of County Commissioners, the County shall actively
pursue acquisition of projects on the Active Acquisition List. All sites shall be pursued
on a voluntary "willing participant" basis only, without the use of the County's eminent
domain powers.
4. Projects will only be removed from the Active Acquisition List by successful
purchase of the site, approval of the next succeeding list, withdrawal of positive interest
by the property owner, or by resolution of the Board of County Commissioners. Projects
removed may still be considered at a later time.
SECTION 12 - Nomination of acquisition proposals and candidate sites:
1. Specific site consideration will be given to all individual properties which lie
within the Target Protection Areas List and which have generated a positive interest
response to a letter of acquisition inquiry sent by the County or county designated
contact.
2. Public and landowner applications nominating properties for acquisition may be
submitted at any time, during or after the first annual public solicitation meeting
(described below), by any person or organization, including Collier County, regional,
State or Federal agencies.
3. All nominations shall be made by filing an application with the County Manager
or his designee, which will then be forwarded to designated staff and the Land
Acquisition Advisory Committee for review.
4. There will be an annual public meeting for the purpose of updating the Board of
County Commissioners and the public and for soliciting proposals and applications. The
first such meeting will take place at the end of the first year of implementation of
Conservation Collier.
5. If the applicant has an ownership interest in any real property covered by an
application for proposed acquisition, such interest shall be disclosed in the same manner
as required of zoning applicants, as required by the Collier County Land Development
Code. This shall not apply to governmental applicants.
6. If the applicant does not have an ownership interest in the real property covered
by an application or if the applicant is a governmental agency, the name and address of
the owner as listed in the Property Appraiser's records shall be provided with the
application.
SECTION 13 - Procedure for selection of acquisition proposals for placement on
the Active Acquisition List and Subsequent Purchase Procedures:
1. Upon approval of the referendum and subsequently with each update of the Target
Protection Areas list, county staff will send letters of inquiry to ali property owners
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within these Target Protection Areas. Positive responses will be forwarded to designated
staff for preliminary review, using the initial screening criteria.
2. After the first annual public solicitation of nominations, landowner and publicly
nominated projects will be forwarded first to county staff for the mailing of inquiry
letters. Designated staff using the initial screening criteria will review all positive
responses.
3. Nominated properties that do not fulfill the purposes of Conservation Collier or
do not satisfy the initial criteria will be reported to the Land Acquisition Advisory
Committee and shall not be evaluated further unless at least five [5] members of the Land
Acquisition Advisory Committee vote for a complete evaluation.
4. Proposals which satisfy the initial screening are forwarded to the Land
Acquisition Advisory Committee and staff for secondary criteria review and ranking.
Staff shall send along with each proposal: boundary and location maps for each site,
descriptions of the biological and hydrological characteristics, including initial criteria
satisfied, a summary of its potential for appropriate use, development potential of the site
and adjacent land, an assessment of the management needs and costs, the assessed value,
and any potentially available matching funds. This acquisition proposal information shall
be the Initial Criteria Screening Report.
5. Upon completion of the Initial Criteria Screening Report, the Land Acquisition
Advisory Committee shall hold a public hearing to consider the recommendations
regarding each site, the applicants' and/or landowners' comments, and comments from
the public. A courtesy notice shall be provided to the owners of properties which are the
subject of the hearing, although failure to notify said owners shall not invalidate these
proceedings. The Land Acquisition Advisory Committee shall evaluate all qualified
proposals using the secondary ranking criteria, the Initial Criteria Screening Report, and
public comments, then propose top-ranked proposals for the Active Acquisition List at
this hearing. Subsequent meetings may be called to complete this task.
6. County staff shall coordinate initial site visits with Land Acquisition Advisory
Committee and interested landowners of top-ranked proposals that are proposed for the
Active Acquisition List. Staff shall write Site Visit Reports regarding all initial site
visits.
7. Upon completion of the staff's initial site visit reports, the Land Acquisition
Advisory Committee shall convene a public hearing to recommend additions to, and
approve the Active Acquisition List for submittal to the Board of County Commissioners.
Coordination will be made with any potential matching funds entities, as necessary.
8. The Board of County Commissioners, in a public meeting, shall vote on whether
to approve all or part of the proposed Active Acquisition List and any additions that may
be added to it. Additions may be added but any additional properties must be subjected
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to the entire evaluation process. After approval of the list, the Board of County
Commissioners will direct staff to prepare a Project Design Report for each project,
including appraisals, title research, history and purpose of project, and program
qualifications.
9. Upon completion of the Project Design Reports, the Land Acquisition Advisory
Committee shall hold a second public meeting to decide, by majority vote, which projects
are recommended to proceed to negotiations.
10. The Board of County Commissioners after approval of the Active Acquisition
List and the Land Acquisition Committee's recommendations for negotiations, will
instruct County staff to negotiate for purchase for each listed project, with optional use of
a third party non-profit organization negotiator, as authorized by the Board of County
Commissioners.
11. Upon successful completion of negotiations, County staff will present to the Land
Acquisition Advisory Committee the proposed contract terms for the committee's review
and recommendations. County staff will forward the recommendations of the Land
Acquisition Advisory Committee to the Board of County Commissioners for contracts
recommended for approval and for contracts that should not proceed as negotiated.
12. The Board of County Commissioners shall approve the contract terms for each
proposed project and shall authorize any and ali purchases.
SECTION 14 - Management plans and use of environmentally sensitive lands:
1. No later than Sixty [60] days from the date of acquisition, an interim management
plan for any property acquired shall be submitted by County staff to the Land Acquisition
Advisory Committee for approval. Upon approval, the plan shall be submitted to the
Board of County Commissioners for final approval and shall be implemented by the
County Manager pursuant to the Board's direction. Any such interim management plan(s)
shall not be implemented for more than two (2) years after acquisition of the property,
prior to the expiration of two [2] years, either a new management plan shall be
implemented or, by affirmative action of the Board, the interim plan shall continue.
2. A final management plan, with required review and updating every ten years,
shall be prepared, with review and input of the Land Acquisition Advisory Committee,
for each property acquired by Conservation Collier which shall:
(a) Identify such management activities as are necessary to preserve, enhance,
restore, conserve, maintain, or monitor the resource, as appropriate; and
(b) Identify such uses as are consistent with the preservation, enhancement,
restoration, conservation, and maintenance of the resource; and
(c) Estimate the annual costs of managing the project.
3. Annually, the ten-year management plans prepared during the preceding year
shall be submitted to the Board of County Commissioners for its approval. Each ten-year
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management plan shall be updated at least every five (5) years from the last date of Board
approval, and may be amended as often as required. Management plan updates and
amendments shall be reviewed by the Land Acquisition Advisory Committee for their
input and recommendations and then submitted to the Board of County Commissioners
for approval.
4. All management plans shall be consistent with the purposes set forth herein. All
properties acquired or managed through Conservation Collier shall be managed in
accordance with the approved management plan for that property.
5. No use, infrastructure, or improvement shall be permitted on any property
acquired or managed under Conservation Collier that is inconsistent with the purposes of
the program or that is not provided by an approved management plan for the property.
6. The County will seek cooperative management arrangements with other agencies
and entities, in keeping with the approved management plans and goals of Conservation
Collier.
7. Purchasing land using Conservation Collier program funds permanently
extinguishes all development rights except those strictly compatible with the purposes
and goals of Conservation Collier.
8. Public access is an important element of management and this Program.
Examples of permitted uses, subject to compatibility with specific parcels, include:
hiking, nature photography, bird watching, kayaking, canoeing, swimming, hunting and
fishing. The program will also make the acquired sites available, with minimal risk to the
environmental integrity of the site, to educate Collier County's school-age population and
the general public about the uniqueness and importance of Collier County's subtropical
ecosystems and natural communities.
SECTION 15 - Responsibilities of the County Manager:
The County Manager shall facilitate such activities, designate such staff, and
assign such responsibilities as are necessary to fulfill the purposes of this chapter. The
manager shall, at a minimum, do he following:
1. Designate staff to evaluate acquisition proposals in accordance with the approved
criteria and prepare and implement project management plans.
2. Make recommendations to the Land Acquisition Advisory Committee on
acquisition proposals.
3. Designate a negotiation resource committee to develop negotiation strategies for
approved acquisition projects, to monitor negotiations, and to assist in coordinating all
activities relating to negotiations, purchase agreements and closings, as needed. The
Negotiation Resource Committee shall include at least one (1) representative from the
Real Property Department, the Environmental Services Department, the Department of
Facilities Management, the Parks and Recreation Department, and The County Attorney.
15
SECTION 16 - Sunset of the Conservation Collier Ad Valorem Tax:
1. The Conservation Collier special tax revenue will sunset after 10 (ten) years,
unless reauthorized through similar voter referendum approval.
2. The Management Trust Fund continues in perpetuity, as long as Conservation
Collier lands remain in county hands.
SECTION 17 - Inclusion in the Code of Laws and Ordinances:
The provisions of this Ordinance shall become and be made a part of the Code of
Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed
to "section," "article," or any other appropriate word.
SECTION 18 - Conflict and Severabilit¥:
In the event this Ordinance conflicts with any other Ordinance of Collier County
or other applicable law, the more restrictive shall apply. If any phrase or portion of the
Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion.
SECTION 19 - Effective Date:
This Ordinance shall take effect only upon the passage of the November 5, 2002
referendum levying up to 0.25 mills of ad valorem taxes for a period of ten (10) years to
fund the acquisition of environmentally sensitive lands and its being filed with the
Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida thia~d...-day ofj~, , 2002.
At,~st: .' .' ~
'. '~WI, GHTi,~L ~R0'~K, Clerk
,: Deputy,Clerk
Attest as ;~' ~t~'S
slgnat~e
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~
Approved as to Form and Legal Sufficiency:
A~q. ue i[~e Hubbard Robinson ss~stant County Attorney
JAMES N. COLETTA, Chairman
This ordinance filed with the
Secretary of State's Office the
and acknowledgement of that
fili~ved this L,~, day
16
STATE OF FLORIDA)
COUNTY ~OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2002-63
Which was adopted by the Board of County Commissioners on
the 3rd day of December, 2002, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 4th day
of December, 2002.
:~.I~:!: F ~.~3~} ......... %.,
DWIGHT E. BRO~{~?-'
Clerk of.Co~l
By: Ellie Hof fman,
Deputy Clerk