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Agenda 05/13/2014 Item #16K3 5/13/2014 16.K.3. EXECUTIVE SUMMARY Recommendation that the Board direct the County Attorney to advertise for a public hearing an ordinance amending the Conservation Collier Ordinance to continue the Conservation Collier Land Acquisition Advisory Committee and authorize the Committee to review and make recommendations to the Board on the management and programs of the preserved land. OBJECTIVE: Consistent with prior Board direction, to advertise and bring back an Ordinance for Public Hearing to continue the Conservation Collier Land Acquisition Advisory Committee and authorize the Committee to review and make recommendations to the Board on the management and programs of the preserve lands. CONSIDERATIONS: This past March 11th, the Board, under Agenda Item 11A, considered a staff recommendation to "to accept the Conservation Collier ten year financial plan and recommendations for the Conservation Collier Program and to provide direction regarding sunset of the Conservation Collier Land Acquisition Advisory Committee (CCLAAC)." The Board (1) directed the County Attorney work with the County Manager to bring back an ordinance amendment which would continue the CCLAAC to address the management and programs of the preserve lands, and (2) to bring back for a separate discussion the issue of the Conservation Collier Financial Plan, which discussion was held on April 8th as Agenda Item 11B. On April 8th, the Board, after lengthy discussion, accepted staffs recommendation on the 10 year financial plan, which requires no change to the Conservation Collier Ordinance. A copy of the March 1 lth discussion is included as back-up to this agenda item. In keeping with Board direction, the County Attorney, working with Ms. Alex Sulecki, Coordinator of the Conservation Collier Program, prepared the following proposed amendment to the Conservation Collier Ordinance: Sec. 54-278. Land acquisition advisory committee. (a) 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. When active acquisition phases are not in place, the land acquisition committee's role shall be to review and make recommendations to the Board on the management and programs of the preserved land. (b) Appointment and composition. The land acquisition advisory committee shall be composed of nine 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. (1)Environmental, land management,and conservation interests in Collier County. (2)Agricultural and business interests in Collier County. (3)Educational interests in Collier County, and Packet Page -1952- 5/13/2014 16.K.3. (4) 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 of County Commissioners 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. (c) 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: (1) Three members shall serve three years. (2) Three members shall serve two years. (3) Three members shall serve one year. Thereafter, all appointments shall be for a term of three years. The process for appointments and terms of office shall be governed by Collier County Ordinance No. 2001-55, as amended. (d) 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 year, with eligibility for reelection. The presence of five 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 ru.c,s 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 F.S. ch. 112. Copies of all committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. (e) 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. (f) Functions, powers and duties of the land acquisition advisory committee. The land acquisition advisory committee shall have the following duties and responsibilities: (1) 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. (2) The land acquisition advisory committee may, from time to time, recommend to the Board of County Commissioners proposed expenditures from the Packet Page -1953- 5/13/2014 16.K.3. 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. (3) 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 cream 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. (4) 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. All remaining Conservation Collier Acquisition Trust Fund monies shall then be transferred to the Conservation Collier Management Trust Fund. Thereafter, unless and until additional funds are appropriated by the Board for the purpose of acquiring additional Conservation Collier Program acquisitions, the land acquisition advisory committee shall generally meet on a quarterly basis to review and make recommendations to the Board as warranted regarding the management and programs of the preserved land.•. .. - ..• - -- . •. - - - * . - 55, as amended. FISCAL IMPACT: The approximate advertising cost is $300. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The County Attorney has reviewed this item and approved it as to form and legality. Majority support of the Board is required for approval. -JAK RECOMMENDATION: That the Board of County Commissioners direct the County Attorney to advertise and bring back an Ordinance for Public Hearing to continue the Conservation Collier Land Acquisition Advisory Committee and authorize the Committee to review and make recommendations to the Board on the management and programs of the preserve lands. PREPARED BY: Jeffrey A. Klatzkow, County Attorney Attachments: Proposed Ordinance, Transcript of March 11th discussion. Packet Page -1954- 5/13/2014 16.K.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.K.16.K.3. Item Summary: Recommendation that the Board direct the County Attorney to advertise for a public hearing an ordinance amending the Conservation Collier Ordinance to continue the Conservation Collier Land Acquisition Advisory Committee and authorize the Committee to review and make recommendations to the Board on the management and programs of the preserved land. Meeting Date: 5/13/2014 Prepared By Name: CrotteauKathynell Title: Legal Secretary, CAO Office Administration 5/5/2014 3:42:27 PM Approved By Name: SuleckiAlexandra Title: Environmental Specialist, Principal, Conservation Date: 5/6/2014 9:17:39 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/6/2014 10:34:18 AM Name: FinnEd Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management Date: 5/6/2014 2:56:28 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 5/6/2014 3:49:06 PM Packet Page-1955- 5/13/2014 16.K.3. ORDINANCE NO. 2014- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2002-63, AS AMENDED, KNOWN AS THE CONSERVATION COLLIER IMPLEMENTATION ORDINANCE, IN ORDER TO MODIFY THE ROLE OF THE LAND ACQUISITION ADVISORY COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on Tuesday, November 5, 2002, the electorate of Collier County authorized a levy of 0.25 mill ad valorem property tax for a period of 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, accordingly, the Board of County Collier County Commissioners (Board) adopted Ordinance No. 2002-63, The Conservation Collier Implementation Ordinance, which established the Conservation Collier Program and its Land Acquisition Advisory Committee; and WHEREAS, Conservation Collier is not currently engaged in an ongoing acquisition phase; and WHEREAS, the Board wishes to amend Section 8 of The Conservation Collier Implementation Ordinance in order to modify the role of the Land Acquisition Advisory • Committee to allow them to review and make recommendations to the Board on the management and programs of the preserved land. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: AMENDMENT TO SECTION 8 OF ORDINANCE NO. 2002-63, AS AMENDED. Section 8 of Ordinance No. 2002-63, as amended, is hereby amended as follows: 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. When active acquisition phases are not in place, the land acquisition committee's role shall be to Words Underlined are added;Words Struck Through are deleted. Packet Page-1956- 5/13/2014 16.K.3. review and make recommendations to the Board on the management and programs of the preserved land. 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. land management. and conservation interests in Collier County. b. Agricultural and business interests in Collier County. c. Educational interests in Collier County, and d. 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 of County Commissioners 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 No. 2001-55, as amended. 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 Words Underlined are added; Words Struck Through are deleted. Packet Page -1957- 5/13/2014 16.K.3. 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 responsibilities: 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 cream 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. All remaining Conservation Collier Acquisition Trust Fund monies shall then be transferred to the Conservation Collier Management Trust Fund. Thereafter, unless and until additional funds are appropriated by the Board for the purpose of acquiring additional Conservation Collier Program acquisitions, the land acquisition advisory committee shall generally meet on a quarterly basis to review and make recommendations to the Board as warranted regarding the management and programs of the preserved land. committee shall be reviewed by the Board of County Commissioners every four years in tea. Words Underlined are added;Words Struck Through are deleted. Packet Page -1958- 5/13/2014 16.K.3. SECTION TWO: Conflict and Severability. 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 THREE: 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 Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this day of , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney Words Underlined are added;Words Struck Through are deleted. Packet Page -1959- ,4#V(PAPINR[e. VYK.1111*.0.....1dt 5/13/2014 16.K.3. March 11, 2014 CHAIRMAN HENNING: No further comments, questions? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER COYLE: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries. Thank you. We're going to take a 10-minute break, be back at 10: 15. (Recess.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN HENNING: Okay, we have a time certain at 10:45. Item #1 lA CONSERVATION COLLIER TEN YEAR FINANCIAL PLAN AND RECOMMENDATIONS FOR THE CONSERVATION COLLIER PROGRAM AND TO PROVIDE DIRECTION REGARDING SUNSET OF THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE (CCLAAC) - MOTION TO CONTINUE THE ADVISORY COMMITTEE FOR THE PURPOSE OF MANAGING PRESERVE LANDS WITH MEETINGS HELD AS NEEDED, COUNTY MANAGER TO RESEARCH AND EVALUATE THE GORDON RIVER GREEN WAY PARCEL WITH RECOMMENDATIONS BROUGHT BACK TO THE BOARD AND COUNTY ATTORNEY Page 53 Packet Page -1960- 5/13/2014 16.K.3. March 11, 2014 TO ADVERTISE AN AMENDMENT TO THE ORDINANCE — APPROVED; MOTION REQUESTING STAFF TO CLEANUP AND RECONCILE THE PHU, GET A CLEAR BASELINE ASSUMPTION, HAVE A CLEAR MANAGEMENT PLAN AND MAINTENANCE COSTS FOR THE PROPERTIES, WITH A CLEARER 10 YEAR FINANCIAL OUTLOOK — APPROVED MR. OCHS: Yes, sir, you do. That is Item 11 .A this morning. It's a recommendation to accept the Conservation Collier I0-year financial plan and recommendations from the Conservation Collier program and to provide directions regarding sunset of the Conservation Collier Land Acquisition Advisory Committee. Mr. Steve Camel', your Public Services Administrator, will present. CHAIRMAN HENNING: Mr. Camel'? MR. CARNELL: Good morning, Mr. Chairman and members of the Board. Were going to take a moment this morning and update you on what was discussed at the November workshop of the Board regarding the future status of Conservation Collier. As you know, this program has been a pretty significant environmental preservation program that began some 12 years ago, and we spent a great deal of time and effort through our friends and contacts with our Land Acquisition Advisory Committee building this program and spent an awful lot of time on environmental acquisition over the years. Today we're going to be talking about instead of land preservation, financial preservation, specifically the future financially of this program. We've been, as you know, through a recession, and that recession had some major financial hits on this program with regard to projections and understanding of where our revenues and expenses would be in the future. And we've really been addressing that Page 54 Packet Page -1961- 5/13/2014 16.K.3. March 11, 2014 incrementally since 2010. And today we want to talk to you about that a little more comprehensively and talk about additional recommendations that we have moving forward regarding curtailing and controlling our expenses. And we also want to talk about the future relationship of our Land Acquisition Advisory Committee, which staff believes is, under the ordinance, that's due for sunsetting. But we do want to talk about that relationship as we've had a very vital and helpful constructive role and relationship with them. Quickly I'm going to take you through a 10-year picture. We have played around with numbers on this and worked and diced and sliced them in detail out many years, but really felt like going much beyond 10 years we couldn't really give you anything with any great confidence. So what you see here is a very high level summary of where the fund is right now and where we think it's going to go over the next 10 years. And you have two columns in front of you. You have a kind of five-year projection and a 10-year projection. And we've made that break, because the five-year projection does include some ongoing projects and amenities, improvements being added throughout the properties; one of the most significant ones being of course the Gordon River Greenway construction project due to finish in the fall of 2014. So if you look at the left-hand column through year five you'll see that we have the fund balance starting at a little over $37 million, and we have significant expenditures again in that capital improvement line, operating maintenance cost as we continue to carry out the management plans for the 19 different sites in the program. And at year five you see the balance going from 37.2 million to just a hair under $33 million. And we also during that time will be setting escrow funds aside for the Caracara Preserve in terms of perpetual maintenance of that property, based on the mitigation credits we'll be receiving through the Page 55 Packet Page -1962- 5/13/2014 16.K.3. March 11, 2014 Solid Waste Department. And then you'll see at the end of year five we decline. The balance of the fund has declined a little over $4 million. And then if you go into the second column, which is a cumulative 10-year list, it includes the first five years and works in the second five years, you'll see that the fund balance actually inches up a very small amount of numbers. And what you glean from this in simple terms is that we are going to spend down some funds over the next five years, but we project being able to flatten out the fund balance in the second five years. And I'll give you a little more detail on that in this next slide. This is what we refer to as the steady state, which is the point where really all the properties are fully developed, all the amenities are fully in place and all the amenities are in place and maintenance has been stabilized. And that we anticipate will occur around 2022 or be the ninth year of this 10-year discussion we're having. And if you'll look there, you'll see at that point in time the -- through the first five years in that left-hand column we've averaged reduction of about $845,000 on the fund. That's through the first five years, average annual reduction of about $845,000. In the second five years we're essentially breaking even. There's actually a small surplus of about almost $11,000. Now, this is all predicated on assumptions. We're making assumptions on interest rates very conservatively of anywhere from .5 percent to two percent over that 10-year period. And we've escalated those over the 10-year period in incremental amounts to not overestimate our position. But at the moment what we're telling you in a nutshell is that we believe the fund will be able to stabilize in the early 20's, and from that point on we'll be able to hold serve, if you will, against our ongoing maintenance expenses, based on the current level of service. Page 56 Packet Page -1963- INIMMI■■111111111111111■1111111111111■11111111■1111111111■11=111.1■111111111mak 5/13/2014 16.K.3. March 11, 20 14 So in short we believe we can hold the current level of service beyond 2023 in perpetuity. Of course that's predicated on a number of factors with regards to expenses and revenues. This assumes no additional capital projects or level of services, and no additional level of service beyond what's contemplated over the next five years primarily. And I will review that that five-year plan does include the construction of the Gordon River Greenway, it includes also $645,000 towards the construction of a bridge across the Gordon River that would link the new park that the City of Naples is building to the south end of the Greenway property. And that's budgeted for 2018. There's another variable in all this which is in between that bridge and the projected closure point of the Greenway project property now is a property that's owned by Collier Corporation that Ellie Krier, Friend of the program and part of the Southwest Florida Preservation Land Trust, has been in discussion with the Colliers and has an offer from the Colliers to sell the property in the amount of $400,000. If you have any questions on the details of that, Ellie I'm sure can address it. We have received $103,000 in mitigation monies from an adjoining property owner. And if you put those two together, you have about 200 -- almost a $300,000 negative hit on the fund that is not accounted for in these projections. If there's interest in pursuing that, and staff thinks it's a good idea to acquire that property, our recommendation would be that we would forestall the budgeting of the bridge in 2018. There's $465,000 there. And you can take $300,000 out of that so that we can buy this property sooner and complete the footprint on the east side of the Gordon River, if you will, and then we could look down the road for other opportunities to fund that bridge in future years. But we'll -- that segues into the point that we will need to continue to look for opportunities to synergize with other programs, Page 57 Packet Page-1964- 5/13/2014 16.K.3. March 11, 2014 other land holding programs out there and obviously grant opportunities for future development of sites. Another important factor, and I want to put this in your mind but I have to tell you, I have to be a little nebulous about it, because we really haven't ironed out the detail. But a very important consideration in all this in terms of managing our operating expenses is something that the County Manager really commissioned back in 2012 when he reorganized his divisions and he strategically placed Conservation Collier within the Parks and Recreation Department. His intentions there were that he knew that as we approached build-out -- that's the wrong word to use in environmental preservation property -- full development of the amenities, if you will, that we would be moving into an operational mode and it would make sense to look for synergistic connection between parks programs and what Conservation Collier is doing. And we have some things in mind. And our budget projections include some assumptions about moving staff positions out of the Conservation Collier. In some cases we'll eliminate them, in some cases we'll move them into Parks and Recreation. We don't have absolute specific firm dates on when all of that will happen. We have projections that it will happen over the five-year period. That will be subject to change year-to-year in the annual budget, but obviously it will be managed in a way in which the solvency of the Conservation Collier fund will be sustained each year. So that's an important consideration. And I think there's going to be a winner there in the long run in terms of really being able to find some economies of scale and efficiency if we merge Parks and Rec and Conservation Collier even more so than they are now. So with that, I wanted to also reference our ordinance that I just touched on briefly. There's been discussion previously. The ordinance formulated and called for the Advisory Committee to assist with the acquisition process. Page 58 Packet Page -1965- i 5/13/2014 16.K.3. March 11, 2014 The staff view on this is that the acquisition process is effectively done. There may be a couple of small properties that we buy to add to different locations along the way. But we don't have the kind of the grind that we had for so many years where we were actively searching for property, and we were convening our advisory committee to help us with that, of which they provided tremendous assistance. So we're at a point where from a staff perspective we believe that the ordinance calls for the sunsetting of the committee when the acquisition phase is done, and that's where we believe we're at. The Advisory Committee members don't believe it's in the best interest of the citizens to sunset the committee. I think they'd like to talk to you briefly about some alternative ideas they have to that. I think they understand that the committee would not continue to function the way it has and the role would need to change, and I'd like you to hear from them on what their ideas are with that. With that I'll answer some initial questions and then let's hear from your speakers. CHAIRMAN HENNING: Okay, Commissioner Fiala was first, Commissioner Hiller and Commissioner Nance. COMMISSIONER FIALA: Yes, I really don't have any questions for you. As I studied this, I carefully read the letter from Bill Poteet and marked it all up and everything to see what points he was making. I've carefully watched their progress. And I'm very, very pleased with all that they have done. I would hate to ever see us lose that land; I would hate to see us give it away. I think it's an important part of our community. And we must keep it, we must preserve it. And I'm sure that we'll find the ways to do that continuously. But what I think now is I think we need to keep that committee intact. Even if they meet just a couple times a year, just for advice, if nothing else. If there's some important projects that come up or how to spend the dollars, what's -- how can they best be used, what animals Page 59 Packet Page -1966- 5/13/2014 16.K.3. March 11, 2014 need to be preserved, what plant life needs to be preserved, what water sources do we need to reach out and make sure are totally preserved as well. So I would hate to see us lose that committee. And isn't it funny, there's 11 of them on that committee, and nobody wants to leave. And they're not getting paid a thing. They're ready to do all the work as required and they're just volunteering their services. I think that's admirable in itself. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Yeah, and I would agree. My perspective is similar to Commissioner Fiala's. I did not mark up Bill's letter like that. In fact, when I looked over and saw how Commissioner Fiala marked it up, I was afraid she was going to say you got a D, because there were like so many, you know, underscores, red lines and comments. But as it turns out, you got an A, so it's the unintended positive consequence of her review. But seriously, I think what we ought to do is relabel the committee and label it, you know, the management advisory committee and have the commit-tee meet as needed by request to the County Manager and let the committee come to the County Manager and say, you know, we feel the need to meet because we have this issue that we want to work on and address, and allow for a cooperative spirit between staff and that committee to deal with what needs to be done. One thing we don't want to do is to mandate that the committee must meet so many times a year and it turn out that there's really no need for as many times, or maybe there are more times that are needed, and have some flexibility in the process to allow the community to work with the County Manager to agree when you want to meet, what resources you need to work on whatever project you have in front of you at a point in time. So I know we have speakers on this, but I would preliminarily like to make a motion that we amend the ordinance -- that we direct Page 60 Packet Page -1967- 5/13/2014 16.K.3. March 11, 2014 the County Manager to amend the ordinance to come back with a redefinition of what this committee does and, you know, how they will meet based on what I just described. COMMISSIONER FIALA: I'll second your motion and I like the idea of management. We could call it land management advisory COMMISSIONER HILLER: Yeah, or preservation management advisory committee, you know, in keeping the spirit of-- CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER HILLER: -- that alive. COMMISSIONER NANCE: Yes, Mr. Chairman, I'm going to speak to this a little bit different, because I think we're at a very important juncture with Conservation Collier. I think we're really entering a very different phase of this project. And this is being proposed today as a 10-year financial plan. So actually what I want to do with your indulgence to the audience and the Board is I want to speak to a little bit about what this 10-year financial plan says and some of the concerns I have about it so that we can go forward and ensure that Conservation Collier is healthy and that it's operating and doing everything that we said it was going to do and everything that we hoped for. But I just want to go through a few things that I observed by looking at these numbers, because I am a numbers guy and I want to just bring a few things to the attention. I looked with a great interest on how this 10-year financial plan and the presentation that the Board received today differs from what the Advisory Committee presented as an intermediate financial projection on the 7th of January. One of the things that's an obvious omission in what's being presented to the Board today as a treatment of the perpetual escrow funding that's required for restoration work required under the Mitigation Credit Agreement with U.S. Fish and Wildlife Service and Page 61 Packet Page -1968- 5/13/2014 16.K.3. March 11, 2014 what that does to this fund over the next 10 years. And basically what it does is Mr. Camell had it on a couple of his slides here, but what's not present in this presentation and certainl y should be are the payments totaling $5,887.000 which we have to place in a single purpose escrow fund for the perpetual maintenance of these panther habitat units which we claim were going to sever. That is important. Why is that important? Because what it does is it effectively reduces at the end of 10 years the fund balance from $37 million to $27 million. That's a 25 percent reduction of the fund balance in the first 10 years of the life of this perpetual Conservation Collier program. Where I come from, perpetual means forever. I have a little anxiety when we have so much front-loaded spending in the first five years that we reduce our fund balance in the first 10 by 25 percent, or nearly $10 million. I think some of the weaknesses in this financial plan -- and I'm going to suggest that we do some more work on it. I think it's very front-loaded, as Mr. Carnell indicated. As a matter of fact, the loss, as presented in this plan, occurs in the first five years. There's a loss of over $4 million to the fund balance in the first five years. What does that mean? That means that our financial plan calls for us to spend money upfront and find savings later. That's always risky because I think everybody would admit that the financial situation that we find ourselves in, the financial situation that v,e find ourselves in, the financial position, is not as strong as we would like. So I think it deserves extra work. I believe quite possibly that costs are understated in here. I don't think the fully-loaded cost of some of the maintenance is what it should be. As a matter of fact, if you go to the right edge and you do a little bit of calculations with one of your little $9.00 calculators, you'll see that out of the total expenditures and uses reported in this first table, $10,698.000, 42 percent of that money is in staff administrative and Paae 62 Packet Page -1969- 5/13/2014 16.K.3. March 11, 2014 overhead. 42 percent. Only 30 percent of those expenditures are designated as preserve maintenance expenditures. That's the phase we're supposed to be in here. And only 28 percent of those are in improvements. And certainly these improvements that we have, which all in the five years have been cut to the bone, don't contemplate the full development of the amenities, which is what we talked about in this program, and certainly no programming. In addition, one concern that I have, and there's a little statement in the executive summary that says they're going to transfer Pepper Ranch ranger responsibilities to the Parks and Recreation Department. So I would like to know exactly how much of the expense of running this program is now being assumed by Parks and Recreation. It was my understanding that this program was supposed to pay all costs. We shouldn't be delegating some of these expenses to Park and Rec. So can somebody tell me how many dollars are being transferred from this program over to Parks and Recreation? MR. WILLIAMS: Commissioners, Barry Williams, Parks and Recreation Director. As you mentioned, Commissioner Nance, part of our plan with the AUIR over the last five years has been to look at the campground operations of Pepper Ranch's being transferred to the Parks and Recreation Department. That's consistent from a couple of different reasons. One, as you mentioned, you know, Conservation Collier's primary mission is the preservation of lands. And one of the things that the County Manager's done in associating Conservation Collier with our department is our ability to manage recreational type programs. So that benefits our AUIR and the requirements that we have for the Parks and Rec Department We want to, in this coming AUIR cycle, transfer acreage associated with Pepper Ranch that is more recreational to the Parks Department. That helps us in identifying our level of service, but also Page 63 Packet Page -1970- 5/13/2014 16.K.3. March 11, 2014 allows us to -- we're in a better position we think to manage the campground and the activities of Pepper Ranch. Part of that is we do have a system where we are able to collect fees. Conservation Collier doesn't have that system. So we think that we're better suited for that. And that's been in the plan for the last five years for us to do that. COMMISSIONER NANCE: I understand. I have no problem obviously in the operation and synergy. But I think it should be made clear what Parks and Recreation is assuming relative to Conservation Collier. The taxpayers have a right to know clearly what is associated with Parks and Rec and Conservation Collier. MR. WILLIAMS: Yes, sir. And the position, it's a half-time position. We're looking at about $17,000. What we're able to do, though, is that we can offset that cost in general fund with the revenues that we do receive from the recreational opportunities of Pepper Ranch. COMMISSIONER NANCE: You know, in summary, I don't want to bt- abor this, but the presentation that was made today, obviousi\\ everybody wants to put it in the most positive light. I don't mind that. I like things in a positive light. But I think when we're accepting a 10-year financial plan, that it's time for a little tough love on this program. And I do think it needs additional considerations. I think there are some -- some suggestions have been made that have been alluded to in the executive summary about synergies with other county and state agencies that will afford us an opportunity to save money. And, you know, we certainly have to work on it from both sides. I think we have to work on it from the spending side and we have to work on it from the revenue side. And I do agree that there are some opportunities for us to get enhanced revenue. But I'm not completely thrilled with this 10-year financial plan for these reasons. CHAIRMAN HENNING Well, can we stay on this for a minute and get some explanation? That's -- is it $5 million to the agency or Page 64 Packet Page-1971- 5/13/2014 16.K.3. March 11, 2014 we need to put into reserve for maintenance of the PHUs? COMMISSIONER NANCE: Commissioner, the way I understand it, it is a single purpose escrow account that we have to transfer money in. It's a single purpose account per our obligations and mitigation -- with our mitigation credit agreement with U.S. Fish & Wildlife Service. CHAIRMAN HENNING: That's the PHUs? COMMISSIONER NANCE: Yes, for PHUs. And this 10-year financial plan calls us, for example, to sever some from the Caracara Preserve and sell them to solid waste. I assume that the $700,000 that we're selling to solid waste is in this year's budget. MR. CARNELL: Yes, sir. COMMISSIONER NANCE: Okay. And then $600,000 the following year. So before we can sever those, I believe that we are obligated to have this money in escrow. And likewise with severing PHUs from the Pepper Ranch which are included in here, between those two items, you've got one-time revenue into Conservation Collier of a $1,606,000. Now, that's well and good. But what that does is that basically places in escrow I assume permanently nearly $6 million which doesn't provide income to this program. Dedicated income is for the mitigation; am I right? CHAIRMAN HENNING: I think you need to ask is (sic) when we sell those credits and it has to be at market value, because the government needs to get the best price. Solid waste department needs to, when they buy or any government entity, needs to go at the best lowest price. So are we selling it to them at the best lowest price? MR. CARNELL: We're selling it to them at cost. And the plan right now, sir, that's based on the prior direction of the Board five years ago. That doesn't mean the Board couldn't change that direction. CHAIRMAN HENNING: Well, we need to take a look at what Page 65 Packet Page-1972- 5/13/2014 16.K3. March 11, 2014 the market value is. So then you needed to consider should these -- should we go after panther credits or other kind of credits. MR. CARNELL: The plan -- I'm sorry. CHAIRMAN HENNING: We need that analysis. MR. CARNELL: Sure. Well, let me tell you what the assumptions are for the sake of this 10-year plan. The assumptions are that we will be collecting impact fee credit payments from the Solid Waste Department over a two-year period, FY 14, FY 15 for the Caracara site -- I'm sorry, panther habitat units. And then for Pepper Ranch in FY 19 -- 19 or '18? '20. All right, what we're going to be doing is when we get to the Pepper Ranch project, we will begin selling those credits. And right now they're designated for sell to county departments. And if you remember the discussion way back, at the time the intent was -- I mean, it's a choice of do you want to make money or do you want to save money. And the five of you are presiding over that question, because it affects the five of you in managing the county in either way. If you want to save money, save money on county projects, then you sell at cost. If you want to make money so that Conservation Collier's financial position is improved, then you sell, as Commissioner Henning is talking about, at market rate or perhaps something between cost and market rate. CHAIRMAN HENNING: Has the committee ever discussed that, the PHUs and the cost? MR. CARNELL: I'm not sure. CHAIRMAN HENNING: Not only the cost but -- COMMISSIONER HILLER: I think the question is legally what are we obligated to do. MR. KLATZKOW: It's really the same thing. I mean, staff gives a discounted cost or you sell it to the outside market, the end result to the county is the same thing. So whatever the Board's preference is Page 66 Packet Page-1973- 5/13/2014 16.K.3. March 11, 2014 CHAIRMAN HENNING: Yeah, it's just coming out of one fund or the other. My preference is you need to take a look at the enterprise fund. And you need to take a -- we need to know what the market is. And County Manager, quite frankly I would like to see an analysis on what the market is, what it's going to cost us to maintain a credit bank, PHU bank credit, and find out if it's cost feasible for us to do so. MR. CARNELL: I can tell you just briefly, if we charge the credits at market rate, it's about 125,000 a year difference, versus cost. CHAIRMAN HENNING: I don't know what, is that black, red, indifference, or what is it? MS. SULECKI: Hello. For the record, Alex Sulecki, Conservation Collier.. The market rate, which is our contract rate for mitigation, panther habitat units, is 725 each. And in this model we're proposing we sell them for 600 each. CI IAIR.,.MlAN HENNING: Okay. So we're selling it below cost, or below market. MS. SULECKI: We're selling them at the amount it's going to take to fund the escrow account to pay for the management of the property. CHAIRMAN HENNING: For 10 years. MS. SULECKI: Yes. We've look at it in that 10-year period. But those payments for what we estimate are between 8,000 and 9,000 PHUs actually go on long after this spreadsheet you see. I think they go on for something like 80 years. CHAIRMAN HENNING: Well, you need to maintain the property for more than 10 years, so -- MS. SULECKI: Yes. And the cost of those PHUs pays for that maintenance of that property. CHAIRMAN HENNING: Okay. r Pa°e 67 Packet Page-1974- 5/13/2014 16.K.3. March 11 , 2014 COMMISSIONER HILLER: So you've basically done a matching analysis. You've figured out what your costs were and you basically married whatever the price of the PHU is. MS. SULECKI: Exactly. CHAIRMAN HENNING: What was some of the other things you brought up, Commissioner, that need to be answered? COMMISSIONER NANCE: Well, you know, I'm just concerned that the reduction -- the things that I mentioned are that the costs are I think strongly front-loaded. It's heavy in my view, in staff administrative and overhead as a percentage of the budget. CHAIRMAN HENNING: Can we deal with that issue? Because actually you've got two on here; you've got staff maintenance and administrative staff. So I think we need to explain that. It might be -- MR. CARNELL: At the present time the program has four full-time positions. And that is three environmental specialists of different persuasions and then one administrative staff person. And then we have a half time, what we call job bank or temporary arranger position. And the plan is in FY 15 -- as I said earlier, we haven't nailed this down over the life of the 10 years, because we're going to see how things play out on a number of fronts. But in FY 15 the plan is to take half of the administrative persons salary and benefits and fund that through Parks and Recreation, and I believe the park ranger as well? MR. WILLIAMS: Yes. MR. CARNELL: Okay, the ranger -- that's that 17,000 that Barry was talking about shifting out beginning in FY 15. And then there is a plan as well to remove one of the environmental specialist's positions in FY 19. As we're moving -- and the basis for that is the timing of activity. We'll be through the bulk of new projects. Really the new projects will be done, and we'll be moving in, transforming towards that steady state which comes in 2022. We'll still have some maintenance activity at a little higher Page 68 Packet Page -1975- 5/13/2014 16.K.3. March 11, 2014 level, but the project activity will especially be done. So again to summarize it, we go from four permanent positions now plus one temporary position to eventually two permanent positions. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes. Well, my point is, Mr. Carnell, in this is if you look at these 10 years, by the time you get to year 17, which is only three years from now, you've made this commitment. You've already spent down the fund balance by $4,228,000. By the time you get to that point, it's in the mill, it's committed, it's done. What you do with the next five doesn't matter. It doesn't matter. You've already made the impact on that. And by the time you put this money in escrow you're down to $27 million. There's no way you can change that over the next five years. Nothing we can do. The commitment we're making in the next three years -- the commitment we're making with this first time we approve the plan is going to tell us where we're going to go. There's nothing you're going to do to recover. If you're not happy with the results through year '17, it doesn't matter, there's no recovery. You can't come back from it, sir. MR. CARNELL: Yes, this is a conservative plan in the sense that we are not identifying new revenues for the program, and nor are we identifying new scope in terms of activities or properties beyond what's been envisioned for some time. I think your point's very salient, Commissioner. We are talking about losing a quarter of the fund's capital taken out of production. Now, we do need to be clear, that 5.8 million will still be there, you're absolutely right, in a dedicated purpose, and it can't be used to support other operations, but it will be there. COMMISSIONER NANCE: Well, it needs to be in this report, sir. And it was in the earlier report. And I don't know why you didn't present it to the Board today. Because it is significant. And actually, I Page 69 Packet Page -1976- 5/13/2014 16.K.3. March 11, 2014 don't care for that a lot. I think it's a little on the disingenuous side. MR. CARNELL: Well, sir, again, if you look at the slide that's up on the screen, you see that the PHUs are accounted for. COMMISSIONER NANCE: I understand, sir, I understand it's on this slide. But it's not in the materials that were provided to the Commissioners here on this dais. CHAIRMAN HENNING: It's new evidence. Do we need to accept that? COMMISSIONER COYLE: No, I think we should reject it. COMMISSIONER HILLER: No, because staff can add whatever they want at the dais. COMMISSIONER NANCE: I'm not trying to be hypercritical. Please don't understand (sic). I take those very seriously. I am a big supporter of Conservation Collier and I want to see it in perpetuity. MR. CARNELL: I understand, sir. COMMISSIONER NANCE: And the next time if somebody decides to take it to the public, I want Conservation Collier to look everybody in the eye and say you know what, we did a great job, which they did. I commend the committee on what they did. But they got caught by the economy. Everybody needs to understand that. We don't need to try to hang onto something that we can't do. We need to have other ways to reach out to the community. And I've spoken to the committee members, spoken to yourself about things we can do to engage the committee. I do not think that we need to go forward with the Advisory Committee as it's currently constituted; I'll just throw that in at this time. I think we need to have a dedicated Conservation Collier maintenance advisory committee. Our mission at this point -- COMMISSIONER HILLER: So you're agreeing with the motion. COMMISSIONER NANCE: Excuse me? COMMISSIONER HILLER: You're agreeing with my motion. Page 70 Packet Page-1977- 5/13/2014 16.K.3. March 11, 2014 COMMISSIONER NANCE: I think we need to reconstitute the committee. I do not believe we need to continue the current committee, I think we need to go out and constitute a new advisory committee that has as its stated purpose maintenance, and that is completely different from land acquisition. And that's not a criticism of the Land Acquisition Committee in any way. I think they're all community champions, and I've said that from the beginning. But we have a situation here where honestly I don't think we're as strong financially as everybody would like. You know, that's just me. I'm just putting that on the table in view of honesty. And I think we need to work on this to make sure that we get the additional programming that people are expecting, that we get the full development of the amenities that we're talking about. And this 10-year plan not only does not contemplate it, I think it's going to cause us to be in a position where we can't. MR. CARNELL: Let me just a couple of points. First off, the escrow funds are accounted for, backup material as well as the slides. Accounted for throughout the calculations. And I think Commissioner Nance, I think you and I would have the same view here and the staff would have the same view that the fund going forward is not going to have a lot of play in it, that we are at a point where we're not going to be able to fund new initiatives if no new revenue is introduced. What we are telling you is, though, with some reasonable management, with proper economies of scale, year to year as we manage our operating budgets in the county and we follow through on the management plans that have been previously approved, although as you noted in the executive summary we scaled back that activity and we have several hundred thousand dollars worth of savings identified. When you put all that together, I think you end up, $27 million does give us room to operate. It does allow us to maintain what we have, or pretty darn close. And I say the pretty darn close, we're going to have to evaluate it Page 71 Packet Page -1978- 5/13/2014 16.K.3. March 11, 2014 year to year. I'm not going to sit here and promise you the world because I don't know what happens to interest rates over 10 years. I don't know what happens to inflation over 10 years. I can tell you, we've taken an inflation rate that's more -- that's higher than the interest rate earning in these calculations. So we've tried to bleed the fund a little bit already. But I think the public needs to understand that the fund in terms of what it was commissioned to do 12 years ago is able to meet that obligation. And based on what we see, we think we can keep that fund in the upper 20 million, that middle to upper $20 million fund, level, the balance going forward. Now, one thing the Board may want to do that's alluded to, and I really do appreciate all of your comments. Commissioner Nance has made several suggestions about trying to change the direction of the fund and look for ways to maybe bring some new revenue through the community into the process, and we're going to look at that in the future where opportunities present. But what I'm saying to you now is we're in a position where we think we can by and large hold serve going forward. And obviously we'll have to look as a community as to whether we want to introduce any new revenue or if there is opportunity to introduce new revenue, that would be tied to new acquisitions or to new amenities, not to what's planned and identified already. So I want to be clear about that. And if there are any others questions from any of the Commissioners, (sic) happy to address those as well. CHAIRMAN HENNING: Okay. Are you done, Commissioner Nance? COMMISSIONER NANCE: Yes, sir. CHAIRMAN HENNING: Commissioner Coyle? And if you don't mind. I'd like to go. COMMISSIONER COYLE: Okay. Page 72 Packet Page-1979- •■• qr* 5/13/2014 16.K.3. March 11 , 2014 Comments in three areas. One with respect to the committee itself. I think certainly we should continue to have an advisory committee. And I think we should recognize that the skills we have in the advisory committee even now are not just skills for property acquisition. There are people with exceptional skills on that committee that I think we should certainly retain. We can add some other people to it, there's no question about that, and perhaps that would be wise. But I wouldn't like to see the Board, in their interest in continuing the committee, to eliminate all the people who are on the committee, because I think they've done a great job and I think they can continue to do a great job. The second thing is that with respect to the panther habitat units, if we're charging exactly what it's costing us, we're not going to go broke. Ifs only when you start charging less than it costs us that you go broke. And I don't see that as a serious threat, but there are many areas here where you can improve on the budget. There are not many areas where I think the budget would be worse than what you have projected. The interest rates that you are anticipating over the next 10 years are, in my estimation and in the estimation of just about every person who invests, are extremely, extremely low. Even at existing interest rates, investing in the safest possible instruments, which are treasuries, if you were to invest this fund equally laddered over two, three and five-year treasuries, you could almost double your rate of return and not risk the capital. Because you will be getting the full face value of the bonds as they come to term. And as the ones on the shorter end; that is, the one or two-year investments, mature, you can role those over into another five-year and continue to take advantage of any increases in interest rates that have occurred since you started investing. So at the present time you are assuming investments in nothing Page 73 Packet Page-1980- 5/13/2014 16.K.3. March 11, 2014 more than three years. And that's a very short horizon for a fund that is supposed to last in perpetuity. But I would not recommend going beyond five years, because interest rates are moving rapidly and we want to be in a position to take advantage of those things. And five years is certainly not out of the question. You can protect your principal that way and probably double the rate of return that you're expected here. If you do that, you wipe out the loss that you are budgeting in the early years and you make things even better for the later years. And as far as staff is concerned, I definitely think we need to take a look at the costs associated with that. And also, by having an advisory committee that focuses on maintenance, I see them doing a lot of things that could reduce our administrative costs. So I think we need to look into all those things. But with respect to the investment policy, we are the ones who make the investment policy, not the Clerk. We make the investment policy. This is a long-term fund, it needs to be managed with some recoanition of that. That doesn't mean that I would recommend investing anything for 10 years or more. But we can certainly go ladder these things out for two, three and five years and do substantially better on interest rate than we're doing right now. And because this is a long-term fund, we don't intend to use it up early, we don't need all the money early, so there's no problem with investing it for those short periods of time for two, three and five years. So I think if the Clerk does not do that, we need to provide him direction to do it. Or alternatively he can come back and tell us why he thinks it's a bad idea. But we really do need to move on that, we can't just sit around and start -- and accept half of a percent interest on $36 million. So anyway, that's my take on the whole thing. CHAIRMAN HENNING: Crystal, would you convey that and Page 74 Packet Page-1981- 5/13/2014 16.K.3. March 11, 2014 get back to us on thoughts? MS. KINZEL: Yes. CHAIRMAN HENNING: About the committee, reconstituting the committee as a maintenance committee, understand that we have a maintenance -- a management plan on these properties. Are you saying to look at the effects of the management plan, possibly critique it? COMMISSIONER HILLER: That would be one of the functions. I mean, we can define. And that's an actually good thing to Look at. It's looking at the program activity, the maintenance of the environmental component. There are many different ways that you can look at maintenance. I think the scope is broad enough that they can do a lot of good. CHAIRMAN HENNING: Okay. Well, what about reconstituting the tax? COMMISSIONER HILLER: That's a separate question. CHAIRMAN HENNING: I know, but that's the real issue here on why there's a desire to continue it, in my opinion. Is anybody in favor of reconstituting, have the committee re-- COMMISSIONER FIALA: That's such a separate subject. I haven't even - COMMISSIONER HILLER: Yeah. CHAIRMAN HENNING: It has to do with Conservation Collier. COMMISSIONER FIALA: Yes. COMMISSIONER HILLER: Well, you know, if they want to re-- CHAIRMAN HENNING: Same players are there. COMMISSIONER HILLER: -- let them discuss it, let them evaluate it, and come back and -- CHAIRMAN HENNING: Have the committee do that? Page 75 Packet Page-1982- 5/13/2014 16.K.3. March 11, 2014 COMMISSIONER HILLER: They could. CHAIRMAN HENNING: I'm not in favor of that. COMMISSIONER FIALA: I don't think the committee would want to do that, but I think that the people who started it originally would want to discuss it and if-- COMMISSIONER HILLER: I'm flexible. COMMISSIONER FIALA: -- they want, to go ahead. COMMISSIONER HILLER: If the Board would -- CHAIRMAN HENNING: Let's do it in 2017. COMMISSIONER HILLER: If the Board would like to, you know, limit the scope of the committee to certain specific enumerated tasks, we can do that. Or we can leave it broader and let them come back to us with what recommendations, you know, they would like based on what they see as the need with respect to maintenance. But it is with respect to maintenance. And I guess to go back to your question, you know, would bringing back the tax fall under the committee. Not if it's a maintenance committee. Because we're not going to levy a tax to maintain. And as staff properly pointed out, they're basically going to start treating -- actually, I believe you pointed it out, you're going to start treating part of this program in effect as an enterprise fund where you're going to have fees for, you know, the various services that the program will provide. COMMISSIONER FIALA: And I don't even -- COMMISSIONER HILLER: And I like the idea of blending it with Parks. I mean, I think that's great. I think the fact that we can actually leverage the relationship between Conservation Collier and Parks is what has always been recommended and what should be done. I don't see a negative financial picture as Commissioner Nance describes. I mean, I agree -- CHAIRMAN HENNING: Well, wait a minute -- Page 76 Packet Page-1983- 5/13/2014 16.K.3. March 11, 2014 COMMISSIONER HILLER: -- with Commissioner Coyle. CHAIRMAN HENNING: -- I'm not done yet. COMMISSIONER HILLER: Okay, I didn't know. I thought that was -- CHAIRMAN HENNING: I was asking what this committee's going to do. Because -- COMMISSIONER HILLER: What are the discussions about? CHAIRMAN HENNING: -- the ordinance, when you create the ordinance there has to be specificity so they don't go out there -- COMMISSIONER HILLER: Right. CHAIRMAN HENNING: -- on other things -- COMMISSIONER HILLER: As we always do. CHAIRMAN HENNING: -- like global warming or something like that. COMMISSIONER HILLER: Yeah. CHAIRMAN HENNING: So that's why I brought it up. If reconstituting the tax, bringing that up, which I'm not in favor of, but if you're in favor of it, that's fine, they can -- if the majority is in favor of it. That's the question. But I have other -- COMMISSIONER HILLER: Let me suggest that -- CHAIRMAN HENNING: I have questions from staff. COMMISSIONER HILLER: Right. I think that -- and I think you raise a very good point and I think we should be clear that the purpose of-- and I think Commissioner Fiala supports your position that the purpose of this committee -- and I agree with Commissioner Coyle that we want to bring forward the same people. If we want to add, we can, but the group of people that have been the core of this committee have worked very hard and have done a very good job. So we're not intending to dismantle the committee. It's in evolution. We're moving from the acquisition phase to the maintenance/management phase. CHAIRMAN HENNING: I think you -- Page 77 Packet Page -1984- 5/13/2014 16.K.3. March 11, 2014 COMMISSIONER HILLER: And that would not include -- CHAIRMAN HENNING: You want expertise. COMMISSIONER HILLER: Right. And we can supplement -- yeah, supplement with experts, you know, if we don't have them currently on the committee. But my point is that maintenance and programming, which is essentially the management of these preservation lands, is not taxed to buy more land. That is a separate issue and a separate group. And I think that's Commissioner Fiala's point and your point, Commissioner Henning, and I agree with that. So I'll make sure that that's clear in my motion. I'll amend my motion to include that clarification. CHAIRMAN HENNING: The questions that I have in the recommendations, and let me get to them, is delay some maintenance. I guess removing exotics from a few properties? MR. CARNELL: Yes, they're outlined in the executive summary, sir. CHAIRMAN HENNING: Right. But I don't know why you're making those recommendations to delay the maintenance of it, removing exotics. MR. CARNELL: Are you talking about delaying or reducing the costs? CHAIRMAN HENNING: Delaying. Delayin2. MR. CARNELL: Well, what we're delaying is listed at the bottom of the first page. Alex? MS. SULECKI: Yes, we're delaying the capital type projects, several that we have. That's in -- COMMISSIONER FIALA: Say that one more time, please? MS. SULECKI: We're delaying the capital type projects for public access amenities, not the exotic removal. CHAIRMAN HENNING: Okay, the -- then why would we delay making improvements to the one off old 41? Page 78 Packet Page -1985- 5/13/2014 16.K.3. March 11, 2014 MS. SULECKI: The railhead scrub -- CHAIRMAN HENNING: Railhead, thank you. Why are we delaying that? MS. SULECKI: One of the reasons is that the road that we were depending on to get people to that preserve has been put out in our long-range transportation plan into 3035 (sic). So we felt that it was, in this time looking ahead these 10 years, that it would not be -- we could do that without a problem because we probably couldn't build it anyway. CHAIRMAN HENNING: Okay. Is that the same thing with the other, delaying the other improvements? MS. SULECKI: No, Rivers Road Preserve, we chose that to delay some of the amenities because of some comments that were made by Commissioner Nance about stars in our program and focusing on the amenities of those star properties. So we chose that to remove. CHAIRMAN HENNING: Okay. I listened to the last Conservation Collier committee and there was talk about -- well, • Commissioner Nance was talking about transferring some properties to other agencies. And the committee says yeah, we took a look at that and it doesn't make sense, or something like that. But there was no explanation. However, I see in the report at least one property there is a little bit of interest in doing so. MS. SULECKI: Which one was that? CHAIRMAN HENNING: I think it's the one in the CREW lands. MS. SULECKI: The CREW land? MR. OCHS: Camp Keais. MS. SULECKI: Camp Keais? CHAIRMAN HENNING: Yes, Camp Keais. MS. SULECKI: And we're talking about U.S. Fish & Wildlife, right? Page 79 Packet Page-1986- 5/13/2014 16.K.3. March 11, 2014 CHAIRMAN HENNING: Yes, MS. SULECKI: Okay. What they had told me was that they could see in the future there may be a way to annex it, because ifs close enough to their Florida Panther National Wildlife boundary, but that is something that is way, way in the future, if its possible. CHAIRMAN HENNING: Why don't we provide something in writing to agencies? Rookery Hay is one. There's a parcel down there that we require that MS, SULECKI: Shell Island Preserve. CHAIRMAN HENNING: Yes. It has literally no access to it. MS. SULECKI: Well, I did, actually. I asked in writing DEP for a response about whether to trade or donation. And I asked that back in January, and I didn't get a response. I finally talked to the lady who's in charge of that last night at the state and she told me that they've had a very sudden leadership change of the state and that she was not able to get an answer before that change happened. So she's asked me to wait a little bit longer. But I did send her some information about that property. But the problem with that is The Conservancy helped pay for that, and they object to divestiture. One of the problems. CHAIRMAN HENNING: Okay. COMMISSIONER HILLER: How much did they pay? MS. SULECKI: I think they contributed $125,000. CIIAIRMAN HENNING: And what would the value of the land be if sold? MS. SULECKI: The purchase price for us was $5 million. I don't know what its value is today. COMMISSIONER HILLER: So, I mean, one of the things, if-- and I'm not suggesting that we will consider selling it, but we could refund The Conservancy their monies. MS, SULECKI: I suppose you could, but -- and I don't want to get too far down a rabbit hole here, but that property, the value of that Page 80 Packet Page -1987- 5/13/2014 16.K.3. March 11, 2014 property was enhanced by the fact that the previous owner felt he had an agreement with the county to build on a small portion of it. And so that value was greatly expanded beyond just its face value because of that. So I don't know what we could get for it now. COMMISSIONER HILLER: Well, we can take a look at it. We don't want to get into those details. CHAIRMAN HENNING: I'm done. COMMISSIONER FIALA: Could we hear from our speakers? CHAIRMAN HENNING: Yeah. Well, it's up to the Commissioners, if they're done with their questions. I think we've got some direction on what we want to do. COMMISSIONER NANCE: I've just got one more comment, Mr. Chairman. CHAIRMAN HENNING: Yeah, we've still got two more. COMMISSIONER NANCE: I would like to request that whoever prepared this 10-year financial plan go back and include the escrow funding in here. Because I believe that the numbers that are presented to this Board are in error. The interest calculation and for year '23 for example is stated as $659,600, which relies on a fund balance of 32 million plus, almost 33. And I believe that should be more like 27 million in the fund balance when you take the escrow into account. So I believe it's in error. It's certainly, at the very minimum, it's a big divergence between what was presented on January 7th and what's being presented today. So which one is wrong? One of them is in error. MR. CARNELL: Let me answer your question. Just to confirm. This was prepared jointly between Public Services staff and O&B. MR. FINN: Thank you, Mr. Chairman. Edward Finn, Office of Management and Budget, for the record. If we could just put that in the visualizer, please, Steve? COMMISSIONER NANCE: If I'm wrong, just show me where I Page 81 Packet Page -1988- 5/13/2014 16.K.3. March 11, 2014 am. MR. FINN: Well, actually, the large spreadsheet attached to your executive summary does attempt to present an all-in approach in that the interest earnings on the escrow money is calculated there, as are the expenses for the escrowed preserve areas. I attempt to put that all in there. You'll see the sheet on the visualizer, which I believe is the first attachment after the executive summary, attempts to illustrate the difference or the components of the ending balance with -- at year 10. The Conservation Collier portion that's general in nature is 27 million, and the escrow portion is 5.6 million. So we attempted to roll all that in. I would certainly concur that there could be a neater way to identify those in a large spreadsheet and I'd be happy to give that a shot. COMMISSIONER NANCE: So you're telling me it's in effect a wash? MR. FINN: Yes, sir, I believe it is. COMMISSIONER NANCE: Okay, thank you. MR. FINN: Thank you, sir. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Well, that's what I wanted to say, that it was a wash. I mean, and it clearly appears that way to me based on all the information presented. What Commissioner Coyle said is correct. I mean, this is actually a conservative proforma projecting out to those 10 years, and we will consistently direct staff to evaluate levels of hiring, cost to operate. And I believe Leo, it is your commitment, as I have heard you say in the past quoting me, to provide the highest level of service at the lowest possible cost, correct? MR. OCHS: Absolutely. COMMISSIONER HILLER: So I don't think that the Page 82 Packet Page-1989- 5/13/2014 16.K.3. March 11, 2014 recommendations that staff is presenting here today is what we really should be adopting in our motion, because in our budget guidance to you we have made that clear, and we have asked you consistently year after year to make sure that, you know, not a dime is wasted. I mean, it's certainly not anyone's intent to have staffing at a level that is not needed. Again, we're going to achieve efficiencies and savings by working with Parks, we are going to create revenue streams by building these parks out so that the public can use them. It is intended that these parks be accessible to the public and they're to be enjoyed by the public. So if we don't have the amenities in place, the public is not going to go out there. I mean, they are not going to go out simply to look at a green field, right? So we want the programs, we want the infrastructure there so the public can enjoy it. So the investment has to be made now in those improvements to allow the community to get a return on their tax dollar. I don't see this as negative as you're portraying, Commissioner Nance. And I don't see the problems -- CHAIRMAN HENNING: Well, that's somebody's opinion. COMMISSIONER HILLER: I understand. But it's not opinion because we're dealing with, you know, numbers here. And again, what Commissioner Coyle said, that this is really a very conservative profile is what we should be looking to when we make our decisions going forward. MR. OCHS: Yes, ma'am. And Mr. Chairman, just a brief comment to Commissioner Nance's concern about the PHU drawdown from the fund balance. You recall when you a acquired Pepper Ranch and Caracara, the discussion at the time in the midst of a very aggressive capital improvement program was that the Board was spending quite a bit of money on mitigation costs as a percent of their capital projects. COMMISSIONER HILLER: Yes. Page 83 Packet Page-1990- 5/13/2014 16.K.3. March 11 , 2014 MR. OCHS: So the intent was to look for a way to leverage these investments to lower our construction mitigation costs. That was essentially the idea. Now, you're not married to that, Commissioner. In fact, most of that five million drawdown comes in the second 10 years of this 10-year program. So if the Board in today's environment decides that you're comfortable buying mitigation credits on the open market, $4 million of that five can revert back to the fund balance for maintenance and more improvements to the program. So you have another policy option there available to you. COMMISSIONER HILLER: And you're absolutely right, Leo. In fact, I was a strong advocate of the policy option that you have reflected in this proforma because it came up at the time when we went to market to buy those PHUs from the Collier's bank. And 1 was very upset about it because I kept on saying why have we not created the mitigation banks on these preserve properties as was intended when we made these acquisitions so that we didn't have to go to the open market and do it. So everything that's presented here today is consistent with what the Board's direction was from back then right until now. And you're right, prospectively we could change all that. But as of right now this is a reflection of the Board's position and policy. So I think you've accurately depicted what was directed. CHAIRMAN HENNING: Well, Commissioner Hiller, because of your comments, we have two other commissioners that want to comment. COMMISSIONER COYLE: I won't take more than 10 seconds. CHAIRMAN HENNING: Okay, you go first then. COMMISSIONER COYLE: Okay. The other thing to remember is that we have an escape clause. Sometime over the next 30 years we will have the public vote on another Conservation Collier program. Page 84 Packet Page -1991- 5/13/2014 16.K.3. March 11, 2014 CHAIRMAN HENNING: If the majority of the Board agrees to put it on there. COMMISSIONER COYLE: Or if they get enough signatures to do it. And I think they can do it. And you set up another one and you allocate some of that money for maintenance. So if you ever run into problems, remember that, because I won't be here. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes, I just want to add one thing, and this is kind of in response to comments that Commissioner Hiller made. You know, each one of these properties, and there are some very good properties here that do have opportunities for access that are quality. There's some of them that aren't. Some of them there's no reason to do a lot of development in them. But there's some that would have some very good opportunities to allow public access. My concern in this plan is in the way it's been, particularly in the last five years, is that it doesn't contemplate doing anything with them. It doesn't allow them. And if you look at the revenue and the expenses that are projected, all you do is hold serve. You don't have any opportunities to do anything other than what we're going to do this year, as a matter of fact, with the greenway, which is one of the stars I mentioned to the committee, and of course the Pepper Ranch which could have much, much more done with it. So that's my concern. My concern is the allocation of the dollars over the different things that we could do as far as staff, preserve maintenance and improvements. I just think we could do better. That's the point of my whole discussion. CHAIRMAN HENNING: And you guys can have further discussion over lunch on this. We're going to go to the public speakers. MR. MILLER: Mr. Chairman, you have 12 registered public speakers for this item. Your first speaker is Nancy Payton. She'll be Page 85 Packet Page -1992- 51:13/2014 16.K.3. March 11, 2014 followed by William H. Poteet, Jr. MS, PAYTON: Good morning, Commissioners. Nancy Payton, representing the Florida Wildlife Federation. And thank you very much for the very encouraging and informative discussion today. Appreciate your interest in keeping Conservation Collier going. We have five messages, brief messages for you today. One is to keep all the land that's been purchased with Conservation Collier dollars. Two is to retain the committee. And we support its reconstituted goal or a different mission or expanded mission. We need to update the ordinance to reflect the new funding options, possibly, the relationship to other agencies, the scope of the program, and again the role of the committee needs to be addressed. And we ask that that be done with the committee and with staff and with the public participation. And we ask that you carve out the Conservation Collier money for a more aggressive investment policy so we can get maximum amount of money for what we have. And lastly, please consider sponsoring a 2006 (sic) ballot question. And it's to put before the voters to simply say yea or nay for renewing a Conservation — CHAIRMAN HENNINCi: Do you mean 2016? MS. PAYTON: 2016, sorry. 2016. And those are my comments. And thank you to you and thank you to the committee and thank you to staff. MR. MILLER: Your next speaker is Bill Poteet. Hell be followed by Becky Newell, MR. POTEET: Good morning, Commissioners. First I'd like to start off and thank Commissioner Henning for appointing me to this committee 10 years ago. He didn't realize at the time but this was a legacy type of appointment. Because what we've got to do over the last 10 years is going to be here for the next 100 Page 86 Packet Page -1993- 5/13/2014 16.K.3. March 11, 2014 years, and my kids and my grand kids will enjoy that. COMMISSIONER HILLER: So no term limits, right? MR. POTEET: No term -- well. And I want to thank Commissioner Hiller for giving me an A. I'm going to tell my kids I got an A in school today. I want to applaud the members of the Conservation Collier committee. We've had an outstanding group of individuals on the committee over the last 10 years with a variety of expertise. And without them we couldn't accomplish what we have so far. We did recommend that we extend the committee. I'd like to make a suggestion on the renaming. Instead of just making it management or land acquisition, just make it Conservation Collier Advisory Board or Advisory Committee. Just simple. Because there may be a time that you want to look at acquisitions only through donations. We've developed a mitigation policy where they could actually donate in lieu of paying for site development or site preserves in certain areas, so that could come into play. We talked about the county budget and we talked about why it was so fiscally restrained. And nothing of staff, because they do a phenomenal job on providing the information there. But, you know, at first we thought it was the State of Florida, then we thought it was the Clerk's Office. And then it came back, we found out that it's actually the Commission years ago set this policy and it was in response to a state law that was created because of the junk bond issue in California. And, you know, it's typical what we consider overkill, and we thought you ought to relook at your policy and see if it makes any sense to be a little bit more aggressive than what you're doing. Because right now you have $37 million in there making less than a half a percent and that just didn't make sense for me from a business standpoint. Page 87 Packet Page-1994- 5/13/2014 16.K.3. March 11, 2014 And then the third area that we wanted to talk to you about real briefly is we think you should take this to the public and let them make a decision. Ten years ago -- or 12 years ago they went and voted on it. It received a 60 percent approval rating. Four years after that they went back to the public and there was over 80 percent. This is 80 percent to tax yourself, which is just unheard of. Subsequently we've had hearings, discussions, meetings, and nobody talks in the negative about this program. They all love what we're doing. So it makes sense to let the people decide if they want to do it again. Thank you. MR. MILLER: Your next public speaker is Becky Newell. She'll be followed by Judith Hushon. MS. NEWELL: My name is Becky Newell and I'm here today representing the League of Women Voters of Collier County, and I'm here to express the League's support for continuing the Conservation Collier Advisory Committee. The League approaches this from two different viewpoints. The first is advisory committees in general, and we strongly believe, as I'm sure you know, that it's very important to have public input into government and that there be mechanisms for that to happen, and that you carefully consider that public input. We have been concerned on a slightly different note. We have been concerned with the disbandment of many of the advisory committees at the county level recently and we would encourage you not to disband this one. The second way that we approach this is by supporting Conservation Collier itself. This is a popular program, you all realize that, it's a very effective program. We agree with Mr. Poteet's report that you have all read and that you've given an A, and we greet with that. We think it's very thorough. And that in his recommendations for what the committee do in the future, he looks at what should be changed based on current Page 88 Packet Page -1995- 5/13/2014 16.K.3. March 11 , 2014 circumstances and he makes some very reasonable requests for how that could be handled. I like the fact that he refers to the committee as stewards to the public trust. Because that's exactly the League's perspective for what this committee is. On another topic that you have also been discussing that is not on the agenda today, we would also like to express our support for bringing this issue back to the voters. We think that's the appropriate way for any decision to be made about this, it's the way it has to be made. But we would hope that you would appreciate the fact that the public should be allowed to weigh in on this. And I hope you'll bring it back in 2016 to the voters. Thank you. MR. MILLER: Your next speaker is Judith Hushon. She'll be followed by Brad Cornell. DR. HUSHON: Good morning, Commissioners. This is such high public support. We have almost nothing in this county that everybody loves as much as this program. They voted for it 82 percent. That is phenomenal. Nobody -- none of you are sitting here because you were elected by 82 percent. Just -- oh, I'm sorry, Donna Fiala. Pardon me. Yes, it's true. But it's just -- it's such an important program that we should be doing everything we can to keep it, maintain it and move it forward. Maintaining that committee, yes. Change the name, fine, no problem. Maintaining -- these properties need to be better maintained. I've had people come to me and tell me, oh, you can't even walk on that property, it's so overgrown, it's got all these invasives on it. It's Conservation Collier and they're not maintaining. 1 would like to see us step up to that program. You know, we're cutting back on some of these things. Be sure we don't cut back on the maintenance and the development of these properties. These properties are there for the people. We have to let the people get to Page 89 Packet Page -1996- 5/13/2014 16.K.3. March 11, 2014 them. So that's something that you as commissioners have as a responsibility. We should redirect funds -- we should not be redirecting funds away from the Greenway Bridge. I don't know how that ever got in there. It doesn't seem to even make sense. Yes, buying a piece of property on the Greenway, that makes sense buying that last little piece. I didn't have any problem with that. I am all for putting this on the ballot in 2016. I am fairly certain that the people of Collier County would once again vote to tax themselves at the low rate that they are taxed to support Conservation Collier going. And therefore some of this discussion about going out and is it fiscally responsible and everything. I think we actually are there to support this, we as county people. And I do not recommend taking staff away from this program and shunting them over to Parks and Recreation, only because this program has jobs to be done in maintaining those properties and we have to keep doing those jobs. So we can't strip the Conservation Collier team down to where they cannot do anything in the future. So that's -- those are my words, and keep it up, because it's good. Thank you. MR. MILLER: Your next speaker is Brad Cornell. He'Il be followed by Patricia Forkan. MR. CORNELL: Good morning, Commissioners. I'm Brad Cornell and I'm here on behalf of Audubon of the Western Everglades, formerly known as Collier County Audubon Society, as well as Corkscrew Swamp Sanctuary. I want to thank you very much for your constructive conversation, for the discussion that you've been having up to this point. I really do appreciate the ideas you're putting on the table and the positive nature that they represent. Audubon fully supports keeping the advisory committee, We also support the proposal that Commissioner Coyle has put on the Page 90 Packet Page-1997- 5/13/2014 16.K.3. March 11, 2014 table and that all of you have weighed in on to some extent about looking at a better investment strategy for the public's money. Also, it doesn't make sense, having looked at this in detail, to sell, trade or gift any of the current properties that we have purchased. It just doesn't work out. Nobody wants them at this time. And if they did take them, we'd have to give them a lot of money to manage it. So it makes a lot more sense for us to keep them. And the last thing is of course that we fully support putting Conservation Collier on the ballot in 2016. Let's give voters another chance. I think that is only fair. This program is not done. I think it -- all you have to do is look around the landscape. As it continues and renews its urbanization push as development is ramping up again, this is good for the economy and good for business. But if we aren't careful, we're going to squander the quality of life that we have in our urbanized areas and where we live. Yes, we have opportunities to do other things as well, including mitigation, integrating with the Watershed Management Plan, but our quality of life is ultimately I think what the voters of Collier County voted for in 2002 and again in 2006. And, you know, let's let them vote. Putting it on the ballot doesn't say anything other than we want to hear what you have to say, people of Collier County. One other thing I want to -- CHAIRMAN HENNING: That's a straw ballot, Brad. MR. CORNELL: Sorry? CHAIRMAN HENNING: That's a straw ballot. MR. CORNELL: It is. It's a referendum, unless it's bonding, then it's obligatory. CHAIRMAN HENNING: Well, that's what we had before and that was a referendum. And what you just said was a straw ballot. So which one would we do in 2016, a straw ballot or a referendum? MR. CORNELL: A referendum. A referendum is a straw ballot. It's -- basically you have the authority right now to levy that tax, to Page 91 Packet Page-1998- 5/13/2014 16.K.3. March 11, 2014 levy any tax and to implement any program. You can do that right today. CHAIRMAN HENNING: I'll send you the Florida statutes later on. MR. CORNELL: What's that? CHAIRMAN HENNING: I'll send you the Florida statutes later on. I'm sorry, I took up too much of your time. MR. CORNELL: That's all right. That's all right. No, it's a good distinction to discuss. We think that the people ought to have a chance to register their opinion by virtue of a vote, and so we encourage you to do that. Thank you very much. MR. MILLER: Your next speaker is Patricia Forkan. She'll be followed by Michael Seef. MS. FORKAN: Good morning. My name is Patricia Forkan, I'm a resident of District 1. And I want to thank Commissioner Fiala for making it possible to have this time certain point. Because there were so many people interested in it, it really makes it a much more meaningful event. I'm new to the area. l've been coming here for many years but I've only recently moved in the last three and I've been very interested in some of the environmental issues that have been started here. And I only heard about Conservation Collier last year, and I attended the workshop you all did and became much more interested in what's the future, because I think it's very important, and the future for what I'm calling the Naples brand. Naples has a look, a feel, and it's an attraction for a lot of people, many people of a lot of means. And how do we keep that brand? One of the ways is to put it -- put more of our green space into something like Conservation Collier. Because we do see a lot of development, and that's fine. But on the other hand we need to keep the very thing that brings people here. And I for one was brought to Collier and to Naples over any other Page 92 Packet Page -1999- 5/13/2014 16.K.3. March 11, 2014 place in the country because of the amenities, the beauty and access to wildlands. And. I want to have those somewhat in my neighborhood and not out with the alligators. So that is one of the things that I found really fascinating about this. And also I agree with the previous speakers who have much more experience in this. But it does seem to me that the voters would support this. I don't know whether you can vote on it today or not, but that would be fabulous if you could. Reconstituting a committee I think needs to be -- or something needs to be done to keep the committee. I think that you have 37, 27, however many million, that's a lot of dollars. And there needs to be somebody from the public looking at that and keeping it before the public's eye. So I think there are a number of things that should give you the desire to go ahead and do something very proactive and positive with this program. I think that's probably all I need to say. But it sounds like you're already moving in that direction. I appreciate the fact that you're looking at what to do with this committee, not to just dump it, so that is a really good thing. And I'm hoping that we can all come away as very happy citizens from this meeting. Thank you. CHAIRMAN HENNING: Your next speaker is Michael Seef. He'll followed by Bonnie Michaels. CHAIRMAN HENNING: Go ahead and start the clock. MR. MILLER: Yes, sir. CHAIRMAN HENNING: I'm getting hungry. MR. MILLER: As am I, sir. MR. SEEF: Good early afternoon, Commissioners. Michael Seef. I live in North Naples. I live in a small community called Beachwalk, and I'm the community affairs chairman. I want to start out briefly by giving a broader perspective. In fact, let me put this on the viewer. Page 93 Packet Page -2000- 5/13/2014 16.K.3. March 11, 2014 MR. DURHAM: Can you also give a copy to the court reporter? MR. SEEF: I don't have a -- can I do that later? MR. DURHAM: Yes. MR. SEEF: Okay. All right. What I want to show here is something that is based on a common number that seems to be floating around, and quite understood, that something like 80 percent of Collier lands are in preservation. And what you see before you is a list of the major state and federal lands, plus private lands, plus Conservation Collier lands. And that in fact if you look at the bottom line here, which is the red circle on the lower right hand, that number totals up to 67 percent, okay. So you can see the little pie chart and you can see roughly two-thirds is state and federal lands, excluding Conservation Collier. Conservation Collier, as you know, is just a little teeny tiny percentage of the total. Now, there's an issue with many of these lands. For instance, Big Cypress Preserve. They're far away. We go there last Sunday, it's a two and a half hour round trip. Cost about 10, $12.00 in gas. And a lot of your constituents are not going to be interested in going to Big Cypress or at least not going frequently. And that's one reason we have Conservation Collier. The same holds true for Facahatchee Strand, Picayune Stand Forest. And by the way, the forest is managed for anything the forest wants to be managed for, which is oil and gas exploration and drilling, whether it's forestry or what have you. Florida Panther National Wildlife Refuge, and the other ones that I've underlined, Everglades National Park and Ten Thousand Isles. Now, the next page, let me just put that up. The next page takes out those properties that are so remote and basically hugely inaccessible. The bottom line here is that 17 percent. CHAIRMAN HENNING: Sir, can you wrap it up, please. MR. SEEF: Okay. I would urge you to support Conservation Page 94 Packet Page-2001- •11■1111111•1•111■111111111■1■1■ 1 5/13/2014 16.K.3. March 11, 2014 Collier in every way possible. I also just want to mention subsequent to Commissioner Coyle's comments about the interest rates and inflation rates being very much unusual, I have to say that the City of Naples is going to a much higher rate from those similar kinds of rates. So I think it's important to keep that in mind as a source of revenue not only for the maintenance, as you've been talking about, but also for possible acquisition. CHAIRMAN HENNING: Thank you. MR. SEEF: Commissioner Hiller has suggested that there may be times when this committee will look at expansions as well of some sort or other. Thank you very much. MR. MILLER: Your next -- CHAIRMAN HENNING: Wait. Cherie', do you need a break? COMMISSIONER COYLE: I have a question. CHAIRMAN HENNING: Okay. Do you -- do we need a break? THE COURT REPORTER: I can wait. Thank you. CHAIRMAN HENNING: You'll wait? Okay. COMMISSIONER COYLE: Very brief question. CHAIRMAN HENNING: Sure. COMMISSIONER COYLE: How do you account for the Eastern Lands stewardship area, the protected lands? MR. SEEF: They're included in the non-public lands, 416,000 acres. COMMISSIONER COYLE: Okay. But they are preserve. You're considering them preserve lands or not? MR. SEEF: I did not consider them as preserve. COMMISSIONER COYLE: That's why you're -- MR. SEEF: Because they're ag. lands. COMMISSIONER COYLE: They're protected lands and they will not have construction on them. MR. SEEF: Well, we've talked about protecting 40,000 acres but Page 95 Packet Page -2002- 5/13/2014 16.K.3. March 11, 2014 not the reminder, which was going to be towns and whatnot. COMMISSIONER COYLE: Well, how were the 40,000 acres included in your analysis? MR. SEEF: They're also not included, as were the rest. However, if you take out the 40,000 acres, you still have a pretty small percentage. And really, the point of this whole thing is that the urban areas need to have -- with all the expansion that's going on, 30,000 units going up here and there and everywhere, and we're talking about cutting the program. We're talking about cutting it to shreds and not investing in anything else. COMMISSIONER COYLE: I understand your point. I'm sticking with my 80 percent, because there's so many things you haven't included here at all. You just haven't included them. MR. SEEF: Okay. I'm not sure what if they are. I'd be interested to hear later. MR. MILLER: Your next public speaker is Bonnie Michaels. She'll be followed by Marisa Carrozzo. MS. MICHAELS: Thank you so much for all your support on this program. I think if we look at this, if preservation is a priority, there are many creative ways that we can figure out how to afford being able to preserve land. And I'm one of the citizens who did vote; I'm one of the 82 percent. And I think the public should be able to decide the future of this. In the last year, many years we've lost a lot of the committees that Debbie Newell mentioned that were kind of environmental committees. And now that development is booming there really aren't a lot of programs to address the need for green space and the county's sustainability program. .A perfect example is the Opportunity Naples, which is a project Page 96 Packet Page-2003- 5/13/2014 16.K.3. March 11, 2014 going on right now. There were no questions on the environment on the survey. And as far as I know now, there isn't anybody on the steering committee that is looking at ways that the environment is going to be impacted or part of this whole economic plan. I'm just one of many who feel that sustainability is being overlooked a little bit in lieu of development at all cost. As a citizen I don't know find this good for Naples; preserving paradise, as we talk it, and certainly even for economic vitality. Sustainability is really important. Please help to keep this program going, as well as thinking about the future of 2016 so that we can let the voters decide on preserving land. Thank you. CHAIRMAN HENNING: Your next speaker is Marisa Carrozzo. She'll be followed by Ellen Goetz. MS. CARROZZO: Good afternoon, Commissioners. I'm Marissa Carrozzo on behalf of The Conservancy of Southwest Florida. We really appreciate the opportunity to speak to you this afternoon on the future of Conservation Collier, and we also very much appreciate the very constructive discussion that you've had today. So one of the most important elements of the program to date has been the Conservation Collier Land Acquisition Advisory Committee. And it provides a sounding board for public input, as well as providing the expertise of the committee members themselves. So ensuring that the club can continue to meet or a renamed simply Conservation Collier Advisory Committee to provide the public oversight of the 37 million in the management fund vetting of the public access amenities and land management we believe is absolutely essential for the future success of this program. In terms of the financial resources, The Conservancy absolutely supports the idea of exploring alternative investment opportunities. Commissioner Coyle suggested different years of treasury bonds, and we believe that is certainly something that we hope that you will direct Page 97 Packet Page -2004- 5/13/2014 16.K.3. March 11, 2014 staff to explore further. And we also want to stress that as of right now the financial situation is not immediately dire. There is the 37 million in the management fund, and looking at these potential opportunities for further investment and prioritizing the capital improvements, we can safeguard the future of the Conservation Collier lands and their financial status. The CCLAC and staff have been excellent stewards of Conservation Collier's finances and lands. They have been adaptively managing over the past several years to deal with the downturn in the economy. As people have mentioned before already, that we are looking to a referendum in the future which will also help resolve some of the questions of long-term funding for management and allow the program to continue a more active acquisition program. And we will hope that you as the Board will support a ballot initiative to continue Conservation Collier's work to protect our county's unique natural resources. Finally, regarding the disposition of properties that was mentioned in the executive summary, we support CCLAC's recommendation that the Conservation Collier properties remain in county ownership. And moreover, the Shell Island property, which was mentioned during staffs presentation, was a partnership opportunity between The Conservancy and Conservation Collier and the county. And we participated in that partnership with the understanding that the property would remain in conservation status in perpetuity. So finally, we just want to express our appreciation for all of Conservation Collier's efforts with the county and that you will maintain the CCLAC as an advisory board, explore the investment opportunities and support a 2016 referendum in the future. CHAIRMAN HENNING: How many more speakers do we Page 98 Packet Page-2005- 5/13/2014 16.K.3. March 11, 2014 have? MR. MILLER: Three, sir. MS. GOETZ: The most important one. CHAIRMAN HENNING: Yeah. Well, it's the same message. Does anybody have any new messages on what -- MR. KRASOWSKI: I do. CHAIRMAN HENNING: Okay, great. MR. MILLER: Ellin Goetz, followed by Ellie Krier. MS. GOETZ: Yes, I'm Ellin Goetz. I am a resident of Collier County for 30 years. As a landscape architect I own and operate a small business in the City of Naples that depends on development. Yet I became involved in Conservation Collier back in the 2000s, because we recognize the need for balance. And one of the things that makes Collier County so special is the balance that we have, whether it's economic development, economic diversity, natural resources, development and natural lands. And I want to commend you today for this very healthy robust conversation. I really appreciate the energy that was put into the looking at the budgeting and looking at the income streams, and I really appreciate Commissioner Hiller's comments about how it's important for the public to have access to these lands. I believe that continuing the committee as a management committee is very valuable for that very point, and I want to thank you very much, and I hope very much that -- who knows what the future will bring, but we'll hope it brings another ballot issue. Thank you so much. MR. MILLER: Your next speaker is Ellie Krier. She'll be followed by Bob Krasowski. He is your final speaker. MS. KRIER: Good afternoon. For the record, I'm Ellie Krier, and I actually registered as an individual today to provide support for the continuation in whatever the appropriate iteration is for the committee. Page 99 Packet Page-2006- 5/13/2014 16.K.3. March 11, 2014 But I will now identify myself at the executive director of the land trust and provide you some clarity on the bridge. On your recommendations, you'll see the recommendation which says to consider removing planned expenditure. The Gordon River Greenway in its entirety will have three bridges. You have already built own one. The other -- the bridge number two from the airport to the Conservation Collier land is designed and is getting ready to be built. The third bridge, which is in your Conservation Collier budget is not your problem. You don't have to build it. We're not taking money away that you have to get later. This is a bridge that will be built from City of Naples land to Naples Airport Authority land. There is no rational nexus from your Conservation Collier ordinance to allow you to expend that money on that bridge. I was in front of City Council last week where they pretty much made it clear that I have to raise the money for that bridge, so -- and we're on the way to doing that. So that's $645,800. It's nothing you have to reconstitute later. It is money that is available to you, and it does say in your executive summary the final portion of the Gordon River Greenway. We had that parcel now down through a combination of efforts to 297,000. So we sort of let that money ride there, knowing that we needed to acquire this land. You do not need to build that bridge. In fact you probably legally can't. And I wanted to provide that clarification for you. CHAIRMAN HENNING. Thank you. MR. MILLER: Your final public speaker on this item is Bob Krasowski. MR. KRASOWSKI: Hello, I'm Bob Krasowski. Good afternoon, Commissioners. I think I was joking a bit when I said I had something new to add. I do support, though I'll try to keep this real sort, Bill Poteet and his letter that was in your agenda packet. And Commissioner Fiala's Page 100 Packet Page-2007- A 5/13/2014 16.K.3. March 11, 2014 comments earlier on. And I think that the ideas of Commissioner Coyle should be considered by the committee as you extend it and go on with it. And yes, we should have this put on the ballot and let the people support it. And I'll add one new thing and that is let's go to lunch. COMMISSIONER COYLE: I'll second that motion. CHAIRMAN HENNING: Okay, you'll second that? All right, let's adjourn for lunch. COMMISSIONER HILLER: Wait, let's go ahead and vote on this, because we have a motion on the table. We have a motion and a second. CHAIRMAN HENNING: Do you want to table the motion? COMMISSIONER HILLER: No, I think we should just get it done. CHAIRMAN HENNING: What was your motion? COMMISSIONER HILLER: The motion was basically to reconstitute -- not reconstitute but to continue the committee as a management committee to address the management and the programs of the preserve lands. CHAIRMAN HENNING: Does that include looking at a new tax? COMMISSIONER HILLER: No, it doesn't. COMMISSIONER FIA',A: And that was my second. COMMISSIONER HILLER: And that was Commissioner Fiala second, and she supported you on that point. CHAIRMAN HENNING: All right. Any discussion on the motion? COMMISSIONER COYLE: Yeah, I have some. The staff has made a whole bunch of-- COMMISSIONER HILLER: I know they have. COMMISSIONER COYLE: -- recommendations. Page 1 0 1 Packet Page-2008- 5/13/2014 16.K.3. March 11, 2014 COMMISSIONER HILLER:: And I want to address that. All of this stuff that's in here is addressed really through our budget approval process. You know, reductions to personnel, operating and amenity expenditures, that's all done through the budget. We're not voting on that now. When you bring the budget forward, you will propose what the staffing levels are, what the budget ought to be. You know, we've discussed the capital improvements, you know, we've made it clear that what was proposed is necessary to make the lands usable. That doesn't have to be in the motion because we're not making any changes. The issue about the bridge is really not something we should be talking about here today. We need more details on the land, on the purchase price of the land, you know, on assurances that that bridge is going to be built by the City of Naples, that we're not short a bridge. I mean, there's a lot that has to go into that. We can't vote on that today; you need to bring that back, you know, as a separate item. We're certainly not going to -- you know, working with the Clerk of Courts on investment strategy is what Mark has to do, so he will come back with, you know, what the maximum, you know, return can possibly be in terms of how we invest those monies. You know, the -- I mean, all of this other stuff is standard county business that staff does daily. And we don't have to direct you to do what is your, you know, daily mandate. So the only thing that I think that is before us today is the issue of the committee, and that's what my motion reflects. MR. OCHS: Mr. Chairman? COMMISSIONER COYLE: My question really -- CHAIRMAN HENNING: Who's first? COMMISSIONER COYLE: I was, because I had made the statement -- CHAIRMAN HENNING: That's right. COMMISSIONER COYLE: -- that we ought to include some of Page 102 Packet Page-2009- 5/1V2014 16.K.3. March II, 2014 these things, and Commissioner Hiller said no we shouldn't So I will be satisfied with that if you, County Manager, will tell me that you're going to continue with all of these recommendations here and get them done as a normal course of your responsibilities. MR. OCHS: Well, sir, I don't believe with regard to directing the Clerk on a car route for the investment of these funds that I'm in a position of authority to do that The Board has an investment policy, and if they want to direct the Clerk as the manager of that investment to make a certain investment, thafs something that this Board needs to direct. Mark can't direct it. COMMISSIONER 'TILLER: Well, but Mark can -- what Mark can do is work with the Clerk to see what can be done and — MR. OCHS: We've already tried that, ma'am. COMMISSIONER HILLER: -- bring back -- and what did the Clerk say? MR. OCHS: He — I believe he didn't have an interest. We asked him to be here to discuss that with the Board today — COMMISSIONER HILLER: Could Mark — MR. OCHS: Crystal may be able to represent -- we went to the finance committee. But so far what's reflected in your report in terms of the interest rate of return is what we've been told is going to — COMMISSIONER HILLER: The legal limit. MR. OCHS: No, not the legal limit. But the existing investment practice by the Clerk's agency. So if you wanted an alternative, then I think the Board needs to direct that inasmuch as ifs your policy. COMMISSIONER HILLER: Well, I think what we need to do is have a completely separate discussion on investment policy and what are our legal limits with respect to that whether ifs as to this program or any of the other, you know, reserves that we can invest over time CHAIRMAN HENNING: That should be the recommendation to the finance committee to bring back -- Page 103 Packet Page -2010- 5/13/2014 16.K.3. March 1, 2014 COMMISSIONER HILLER: Right. CHAIRMAN HENNING: — some recommendations, COMMISSIONER FULLER: Exactly. I mean, and that will be — I want to do that as a separately motion independent of Conservation Collier. Because that is a broader issue and we should have two separate votes. Because one isn't really related to -- its indirectly related to this agenda item but its an overall issue that we -- MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: -- should look at. CHAIRMAN HENNING: Is there any other discussion on the motion? MR. 00 IS: Yes, sir. Just the other point to Commissioner Coyle's challenge to me is that with regard this question on the Greenway Bridge and the potential acquisition of this remaining parcel along the greenway. I mean, I can't move forward on that unless i get some direction from the Board. COMMISSIONER HILLER: All right. Then I will add to my motion that you research this and bring us back all the information for us to he able to evaluate what we want to do and how. MR. OCHS: Fair enough. Thank you, COMMISSIONER FIALA: And can we do that rather quickly? Because that parcel -- COMMISSIONER HILLER: How much time do you need, Leo, to COMMISSIONER FIALA: At least the parcel. CI LA.IRMAN HENNING: I'm not sure if the parcel -- the indications I got from Ellie, that might be part of somebody else's bailiwick. Doesn't necessarily need to be ours. COMMISSIONER HILLER: Lea staff go and figure that all out and bring it hack. That's not, you know, really part of what we're evaluating here. Its a nice — MR. OCHS: As long as you tell me go ahead and do the Page 104 Packet Page -2011- 5/13/2014 16.K.3. March 11, 2014 evaluation, we can -- COMMISSIONER HILLER: It's in my motion. MR. OCHS: -- turn it around quickly. COMMISSIONER HILLER: It's in my motion. COMMISSIONER COYLE: Just one other item. Divesting properties at this time. We should have a policy that we're not going to consider divesting any of those properties at this time. COMMISSIONER FIALA: Yeah, I think you're right. At this time. COMMISSIONER COYLE: Yes. COMMISSIONER HILLER: Well, why don't we -- COMMISSIONER NANCE: I personally think there's a number of attendant issues that we need to discuss independently of this motion. The motion is to continue -- my understanding is to reconstitute the committee. But I think there are a num-- I think Commissioner Coyle is right, there are a number of different issues that I don't think we should just gloss over here without significant discussion. COMMISSIONER HILLER: Right. And that's why these should come back. Oh, the Clerk's here. COMMISSIONER FIALA: Maybe we could even discuss them after lunch -- COMMISSIONER HILLER: Sure. COMMISSIONER FIALA: -- with the rest of the things. We can get this one done -- COMMISSIONER HILLER: I think there's a lot of stuff in here that needs a lot more information for us to be able to vote on. And staffs recommendations, you know, obviously they should bring forward these items individually so we can take appropriate action with the right level of information. The two things really before us today was the evaluation of their proforma so that we're informed and we know where we're going Page 105 Packet Page-2012- 111•111=11111■11=111=1M1 5/13/2014 16.K.3. March 11, 2014 financially. And the other issue is the management committee. I know that staff has all this stuff in here, but that's not really -- MR. OCHS: We're happy to bring those all back individually. COMMISSIONER HILLER: Yeah, I think you need to bring them all back with the right level -- there's just -- this is like a, what do you call it, kitchen sink or whatever you call it, you know, when you throw everything in one thing. So let's stay focused, you know, on really the most important issues before us today and that is we know where we stand financially now and we know that we want to continue the committee as a management committee and have Jeff bring back an amendment to the ordinance. CHAIRMAN HENNING: Mr. Clerk, how are you? COMMISSIONER NANCE: Can you please restate your motion at some point. COMMISSIONER HILLER: I will. Go ahead. Jeff, do you want to comment on that? MR. KLATZKOW: Your original motion was for the County Manager to do it. Do you want me to work with the County Manager? COMMISSIONER HILLER: Yeah. And I don't care who does it. But, I mean, legally the ordinance has to be amended and work with the County Manager to get it done and then bring back all this other stuff with the right level of backup to make sure we have an opportunity to make informed decisions. COMMISSIONER FIALA: And let me ask, just is there a time limitation with the availability of that land parcel? Or is that just -- MR. OCHS: I don't know, Commissioner. At this point in time I don't know. COMMISSIONER HILLER: Well, you will act within the reasonable time so that -- MR. OCHS: As quickly as I can. Page 106 Packet Page-2013- 5/13/2014 16.K.3. March 11, 2014 COMMISSIONER HILLER: -- we do not lose opportunities -- MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: -- that are before us. So whatever time it takes, it takes. If you think it can wait, you deal with accordingly. I mean, we'll defer to your judgment on that. CHAIRMAN HENNING: Mr. Brock? COMMISSIONER COYLE: It's all your fault if we lose it COMMISSIONER HILLER: It is all -- CHAIRMAN HENNING: Mr. Brock. COMMISSIONER HILLER: -- my fault. I have broad shoulders. MR. BROCK: Thank you -- CHAIRMAN HENNING: These guys will keep going on. MR. BROCK: -- Mr. Chairman. My name's Dwight Brock, Pm the Clerk of the Circuit Court, I just happened to be walking by the television and saw Mr. Ochs make the following statement: We asked Mr. Brock to be here today and he chose not to. There is nobody asked me to be here today. Now, I just asked Ms. Kinzel if anybody had asked her. I know nothing about this. I know I did have a conversation with the budget office. And let's talk about the interest for a moment. That's the only thing that I've had a conversation with anybody about. 2833 provides the Clerk as the party who makes the investments for the county. I think we have clearly had that defined for us. I have worked with the Board of County Commissioners to develop an investment policy. That investment policy says we will use the pool concept approach, okay. It further directs through policy made by this Board where that money is supposed to go. It goes into the general fund. If the Board of County Commissioners wishes to employ that pool concept and allocate more interest to Conservation Collier, there's absolutely nothing in the world. Page 107 Packet Page-2014- 5/13/2014 16.K.3. March 11, 2014 But I can assure you, we have some long-term investments in that pool portfolio and we have some short-term investments in that pool portfolio. In an attempt to protect the taxpayers. I'm not quite sure what the agenda is here. But, you know, you want me to stick money into some risky long-term investment in this type of environment? I mean, do so at your own peril. None of us know where interest rates are going, except in all likelihood they're going up. And what's going to happen when interest rates go up? You're going to lose principal. So I'm not quite sure what the objective here is. But if you're wanting to generate revenue for Conservation Collier, the simple solution to that using the pool concept approach, which is exactly what I told him, is to direct me to allocate more of the proceeds from that investment pool to Conservation Collier. That's totally within your discretion. COMMISSIONER HILLER: Thank you very much, Clerk. We appreciate your clarification of that. So again, my first motion is to have the County Attorney work with the County Manager to restate the ordinance to include the continuation of the committee as a management advisory committee, to look at the management of the preserve lands and the programming on those preserve lands, and to -- and for the number of- the frequency of meetings to be based on an as-need basis and where the committee will come back, work with the County Manager and present what, you know, they want to meet about and have the County Manager approve it. CHAIRMAN HENNING: Okay. COMMISSIONER COYLE: My light is on, because I have a question to ask the Clerk. CHAIRMAN HENNING: I thought your second motion to go to lunch -- COMMISSIONER HILLER: Can we just -- • Page 108 Packet Page -2015-