Agenda 01/08/2019 Item # 9B01/08/2019
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopt: 1) an ordinance
amending Ordinance No. 2002-63, which established the Conservation Collier Program,
and 2) a resolution superseding and replacing Resolution No. 2007-300 establishing the
Collier County Board of County Commissioner’s Purchasing Policy for the acquisition of
lands by the Conservation Collier Land Acquisition Program by requiring purchases in
excess of the price established by the methodology be approved by an extraordinary vote of
the Board in accordance with Section 125.355, Florida Statutes.
OBJECTIVE: To request that the Board of County Commissioners (BCC) adopt an ordinance to
amend the Conservation Collier Ordinance, No. 2002-63, as amended and adopt a resolution
superseding and replacing the resolution creating the Purchasing Policy for the acquisition of
lands by the Conservation Collier Land Acquisition Program.
CONSIDERATIONS: On December 3, 2002, the Board of County Commissioners approved Ordinance
2002-63, which established and implements the Conservation Collier Land Acquisition Program. This
ordinance has been amended four times, starting in 2007.
On April 24, 2018, at the regular meeting of the Board (Agenda Item 11B), staff was directed by the
Board to bring forward additional proposed ordinance changes at the July 10, 2018 Board meeting. After
review in subcommittee on May 14, 2018, the Conservation Collier Land Acquisition Advisory
Committee (CCLAAC) met on June 11, 2018 and voted upon their changes. These changes were brought
forward at the July 10, 2018 Board meeting (Agenda Item 11C), but the Board decided to delay making
changes at that time, requesting the ordinance be brought back again in the fall. The CCLAAC
subcommittee reconvened on October 4, 2018. Commissioner McDaniel attended and proposed changes.
Revised recommendations were brought forward to the full CCLAAC December 3, 2018, which
recommends the following:
Page 1 Whereas Clause - Remove historical whereas as it was determined not to be needed.
Page 2 Whereas Clause - Remove language limiting the uses of, and all investment earnings on,
such levies to such purposes.
Page 2 whereas Clause - The suggested change removed language indicating that ad valorem
levies are the sole funding sources and added language that funding source would be determined
by Collier County.
Page 3, Section 4.8 - Proposed change allows a qualified 3rd party entity to evaluate lands
proposed for acquisition instead of having staff do this exclusively.
Page 4, Section 4.12 - Slight language change but CCLAAC voted to keep the original meaning.
The addition of “Florida Communities Trust” was made to include the primary source for land
acquisition grants.
Page 5, Section 5.10 - Adds a definition for “Urban Areas” tying the meaning to the Future Land
Use Map.
9.B
Packet Pg. 147
01/08/2019
Page 6, Section 6.1.e. - Changes the split for funds going to acquisition from 85% to 75% and
removes “ad valorem” as the sole source for those funds.
Page 7, Section 6.3.d. - Removes the inherent ability for staff to use Program funds to conduct
studies and analyses of County Conservation land needs and ways of meeting those needs.
Page 8, Section 7.2.a. - Changes the split for land management funds going from 15% to 25% and
removes “ad valorem” as the sole source for those funds.
Page 9, Section 7.3 - Adds requirement for disbursements from the Land Management Trust Fund
to be approved by the Board of County Commissioners. This change assumes that operational
expenditures approved through the budget and amenity expenditures approved as a part of Land
Management Plans do not need additional and individual Board approvals, but disbursements
outside of these normal program operations would.
Page 10, Section 8.6.b. - CCLAAC Members voted 8/1 to keep language in requiring a public
referendum for modification of the Program’s goals and primary criteria, with the recognition that
the Board has authorization to make changes to ordinances as they see fit.
Page 11, Section 9.1 - This language change identifies that acquisition priority can be given to
urban areas, but it is not limited to urban areas.
Page 12, Section 3, 8th line - the word “first” was removed.
Page 12, Section 3.a - Deleted “on the Future Land Use Map of the Collier County Growth
Management Plan,” but keeps the rest.
Page 13, Section 11.1. - Retain as is, remove suggested “in the Urban Area.”
Page 15, Section 12.6 - add “if the program is in a buying cycle” to take away the need to solicit
proposals unless we are in a buying cycle.
Page 15, Section 13.3, Lines 1 and 2 - added language allows for a qualified 3rd party entity to
evaluate Conservation Collier proposals.
Page 15, Section 13.3, Lines 7 and 8 - Language additions for 3rd party entity to prepare Initial
Criteria Screening Reports.
Page 16, Section 13.4, Line 1 - Corrects acronym.
Page 16, Section 13.4, Line 2 - Language addition to identify that staff will present screening
reports to CCLAAC, not the 3rd party.
Page 18, Section 14.7 - Keeps language that extinguishes development rights but deletes language
allowing for the restoration of property rights in the event of a property trade. This deletion
affects the multi-parcel projects primarily as this language was added in 2007 to have the ability
to consolidate parcels via trade if acquisition of the entire area ultimately fails.
It was discussed during the Ordinance, Policy & Rules CCLAAC Subcommittee meeting regarding the
9.B
Packet Pg. 148
01/08/2019
possibility of banking of development rights. It should be noted that County projects do not require use
of development credits, also known as Transfer of Development Rights (TDRs) in the Rural Lands
Stewardship Area (RLSA). Any change regarding TDRs and development credits may also require
amendments to the Land Development Code and Growth Management Plan as currently, there is no
provision for government entities to bank development rights.
On December 11, 2018, the Board approved the first reading of the proposed changes to the ordinance.
Staff has had recent discussions with the Board regarding whether the process for accepting price offers
from prospective land sellers should be modified to allow for limited negotiations between the County
and seller in instances where the Board finds there is a public interest in doing so. In 2003 (amended
2007), the Board adopted a resolution governing the acquisition of land under Conservation Collier. The
resolution establishes a process wherein the offer price extended by the County to a prospective seller is
based on the market value of the property(ies) under consideration. For properties determined to have a
fair market value of less than $500,000, the offer price is based on a narrative report and appraisal value
submitted by a licensed, state-certified independent appraiser. If the property(ies) exceed(s) $500,000 in
value, the offer price is based on the average dollar value of two independent appraisals. The existing
policy does not contemplate or authorize any price negotiations for instances where the fair market
appraised value and the seller’s opinion of the value differ.
Staff does not recommend introducing a negotiation phase into the purchase policy or process at this time.
However, if the Board wishes to modify the policy to more closely align with the current state law
governing land acquisitions in general(Section 125.355(1)(b) F.S.), the existing policy could be modified
to add a provision that would allow the Board to approve a purchase price that exceeds the single or
averaged appraised value by an “extraordinary” or supermajority vote. The referenced modification is
enclosed for the Board’s consideration and states:
E) Unique or Exceptional Parcels:
Notwithstanding the foregoing, the Board recognizes that there may be unique or
exceptional parcels whose asking price exceeds the appraised value. On
recommendation by staff, the CCLAAC, or a Commissioner, such parcels will be
brought for consideration for purchase to the Board of County Commissioners. In
keeping with Florida Statute Sec. 125.355, as may be amended, the Board may
approve the purchase by an extraordinary vote.
FISCAL IMPACT: The cost to advertise the ordinance is approximately $500. The resolution is not
required to be advertised.
GROWTH MANAGEMENT: Fee-simple acquisition of conservation lands is consistent with and
supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County
Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval. -JAB
RECOMMENDATION: That the Board of County Commissioners adopt an Ordinance to amend
9.B
Packet Pg. 149
01/08/2019
Ordinance No. 2002-63 and a Resolution superseding and replacing the resolution creating the
Purchasing Policy for the acquisition of lands by the Conservation Collier Land Acquisition
Program.
Prepared By: Summer Araque, Principal Environmental Specialist, Parks and Recreation Division
ATTACHMENT(S)
1. Conservation Collier Ordinance (PDF)
2. PowerPoint (PPTX)
3. Legal Ad (PDF)
4. Florida Statute (DOCX)
5. Resolution (PDF)
9.B
Packet Pg. 150
01/08/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.B
Doc ID: 7627
Item Summary: Recommendation that the Board of County Commissioners adopt: 1) an
ordinance amending Ordinance No. 2002-63, which established the Conservation Collier Program, and 2)
a resolution superseding and replacing Resolution No. 2007-300 establishing the Collier County Board of
County Commissioner’s Purchasing Policy for the acquisition of lands by the Conservation Collier Land
Acquisition Program by requiring purchases in excess of the price established by the methodology be
approved by an extraordinary vote of the Board in accordance with Section 125.355, Florida Statutes.
Meeting Date: 01/08/2019
Prepared by:
Title: Operations Analyst – Parks & Recreation
Name: Matthew Catoe
12/26/2018 8:20 AM
Submitted by:
Title: Division Director - Parks & Recreation – Parks & Recreation
Name: Barry Williams
12/26/2018 8:20 AM
Approved By:
Review:
Parks & Recreation Matthew Catoe Additional Reviewer Skipped 12/26/2018 8:21 AM
Parks & Recreation Matthew Catoe Additional Reviewer Skipped 12/26/2018 8:21 AM
Parks & Recreation Jeanine McPherson Additional Reviewer Completed 12/26/2018 1:38 PM
Public Services Department Joshua Hammond Level 1 Reviewer Completed 12/26/2018 2:30 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 12/26/2018 2:40 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 12/28/2018 4:27 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 12/31/2018 9:32 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/31/2018 9:48 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/31/2018 9:51 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/31/2018 1:58 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/02/2019 9:33 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/08/2019 9:00 AM
9.B
Packet Pg. 151
9.B.1
Packet Pg. 152 Attachment: Conservation Collier Ordinance (7627 : Conservation Collier Ordinance Amendment)
9.B.1
Packet Pg. 153 Attachment: Conservation Collier Ordinance (7627 : Conservation Collier Ordinance Amendment)
9.B.1
Packet Pg. 154 Attachment: Conservation Collier Ordinance (7627 : Conservation Collier Ordinance Amendment)
9.B.1
Packet Pg. 155 Attachment: Conservation Collier Ordinance (7627 : Conservation Collier Ordinance Amendment)
9.B.1
Packet Pg. 156 Attachment: Conservation Collier Ordinance (7627 : Conservation Collier Ordinance Amendment)
9.B.1
Packet Pg. 157 Attachment: Conservation Collier Ordinance (7627 : Conservation Collier Ordinance Amendment)
9.B.1
Packet Pg. 158 Attachment: Conservation Collier Ordinance (7627 : Conservation Collier Ordinance Amendment)
9.B.1
Packet Pg. 159 Attachment: Conservation Collier Ordinance (7627 : Conservation Collier Ordinance Amendment)
9.B.1
Packet Pg. 160 Attachment: Conservation Collier Ordinance (7627 : Conservation Collier Ordinance Amendment)
9.B.1
Packet Pg. 161 Attachment: Conservation Collier Ordinance (7627 : Conservation Collier Ordinance Amendment)
9.B.1
Packet Pg. 162 Attachment: Conservation Collier Ordinance (7627 : Conservation Collier Ordinance Amendment)
9.B.1
Packet Pg. 163 Attachment: Conservation Collier Ordinance (7627 : Conservation Collier Ordinance Amendment)
9.B.1
Packet Pg. 164 Attachment: Conservation Collier Ordinance (7627 : Conservation Collier Ordinance Amendment)
9.B.1
Packet Pg. 165 Attachment: Conservation Collier Ordinance (7627 : Conservation Collier Ordinance Amendment)
9.B.1
Packet Pg. 166 Attachment: Conservation Collier Ordinance (7627 : Conservation Collier Ordinance Amendment)
9.B.1
Packet Pg. 167 Attachment: Conservation Collier Ordinance (7627 : Conservation Collier Ordinance Amendment)
9.B.1
Packet Pg. 168 Attachment: Conservation Collier Ordinance (7627 : Conservation Collier Ordinance Amendment)
9.B.1
Packet Pg. 169 Attachment: Conservation Collier Ordinance (7627 : Conservation Collier Ordinance Amendment)
9.B.1
Packet Pg. 170 Attachment: Conservation Collier Ordinance (7627 : Conservation Collier Ordinance Amendment)
Conservation Collier Proposed
Ordinance Changes
JANUARY 8,2019 BOARD MEETING
9.B.2
Packet Pg. 171 Attachment: PowerPoint (7627 : Conservation Collier Ordinance Amendment)
Proposed Changes
u Page 1 Whereas Clause –Remove historical whereas as it was
determined not to be needed.
u Page 2 Whereas Clause –Remove language limiting the uses of,and
all investment earnings on,such levies to such purposes.
u Page 2 whereas Clause -The suggested change removed language
indicating that ad valorem levies are the sole funding sources and
added language that funding source would be determined by Collier
County.
u Page 3,Section 4.8 –Proposed change allows a qualified 3rd party
entity to evaluate lands proposed for acquisition instead of having
staff do this exclusively.
9.B.2
Packet Pg. 172 Attachment: PowerPoint (7627 : Conservation Collier Ordinance Amendment)
u Page 4,Section 4.12 –Slight language change but CCLAAC voted to
keep the original meaning. The addition of “Florida Communities Trust”
was made to include the primary source for land acquisition grants.
u Page 5,Section 5.10 –Adds a definition for “Urban Areas” tying the
meaning to the Future Land Use Map.
u Page 6,Section 6.1.e. –Changes the split for funds going to acquisition
from 85% to 75% and removes “ad valorem” as the sole source for those
funds.
u Page 7,Section 6.3.d. –Removes the inherent ability for staff to use
Program funds to conduct studies and analyses of County Conservation
land needs and ways of meeting those needs.
u Page 8,Section 7.2.a. –Changes the split for land management funds
going from 15% to 25% and removes “ad valorem” as the sole source
for those funds.
9.B.2
Packet Pg. 173 Attachment: PowerPoint (7627 : Conservation Collier Ordinance Amendment)
u Page 9,Section 7.3 –Ads requirement for disbursements from the Land
Management Trust Fund to be approved by the Board of County
Commissioners.
u Page 10,Section 8.6.b. -CCLAAC Members voted 8/1 to keep language
in requiring a public referendum for modification of the Program’s goals
and primary criteria.
u Page 11,Section 9.1 –This language change identifies that acquisition
priority can be given to urban areas,but it is not limited to urban areas.
u Page 12,Section 3,8th line –the word “first” was removed.
u Page 12,Section 3.a –Deleted “on the Future Land Use Map of the Collier
County Growth Management Plan,” but keeps the rest.
u Page 12,Section 3.b. –no changes recommended by CCLAAC –keep as
is.
u Page 13,Section 11.1. –Retain as is,remove suggested “in the Urban
Area.”
9.B.2
Packet Pg. 174 Attachment: PowerPoint (7627 : Conservation Collier Ordinance Amendment)
u Page 15,Section 12.6 –add “if the program is in a buying cycle” to take
away the need to solicit proposals unless we are in a buying cycle.
u Page 15,Section 13.3,Lines 1 and 2 –added language allows for a
qualified 3rd party entity to evaluate Conservation collier proposals.
u Page 15,Section 13.3,Lines 7 and 8 –Language additions for 3rd party
entity to prepare Initial Criteria Screening Reports.
u Page 16,Section 13.4,Line 1 –Corrects acronym.
u Page 16,Section 13.4,Line 2 –Language addition to identify that staff will
present screening reports to CCLAAC,not the 3rd party.
u Page 18,Section 14.7 –keeps language that extinguishes development
rights but deletes language allowing for the restoration of property rights
in the event of a property trade. This deletion affects the multi-parcel
projects primarily where this language was added in 2007 to have the
ability to consolidate parcels via trade if acquisition of the entire area
ultimately fails.
9.B.2
Packet Pg. 175 Attachment: PowerPoint (7627 : Conservation Collier Ordinance Amendment)
Proposed Revision to Purchase
Policy (Res. 2007-300)
u Existing policy
u 1. If the estimated value of the property is less than $500,000.00, Real Estate Services staff
shall secure one narrative appraisal report
u 2. If the estimated value of the property is $500,000.00 or greater, Real Estate Services staff
shall:
u a. Secure two narrative appraisal reports from licensed independent real estate appraisers. The
Offer Amount will be equal to the average of the two appraisals.
u b. Should the two appraised values differ by an amount greater than 20% of the lowest
appraisal,a third appraisal will be ordered and the two appraisals nearest in appraised value will
be averaged to arrive at the Offer Amount.
u Proposed policy modification
u Add a provision that would allow the Board to approve a purchase price that exceeds
the single or averaged appraised value by an “extraordinary” or supermajority vote
9.B.2
Packet Pg. 176 Attachment: PowerPoint (7627 : Conservation Collier Ordinance Amendment)
Questions?
9.B.2
Packet Pg. 177 Attachment: PowerPoint (7627 : Conservation Collier Ordinance Amendment)
9.B.3
Packet Pg. 178 Attachment: Legal Ad (7627 : Conservation Collier Ordinance Amendment)
Florida Statute 125.355 Proposed purchase of real property by county; confidentiality of records;
procedure.—
125.355 Proposed purchase of real property by county; confidentiality of records; procedure.—
(1)(a) In any case in which a county, pursuant to the provisions of this section, seeks to acquire by
purchase any real property for a public purpose, every appraisal, offer, or counteroffer must be in writing.
Such appraisals, offers, and counteroffers shall not be available for public disclosure or inspection and are
exempt from the provisions of s. 119.07(1) until an option contract is executed or, if no option contract is
executed, until 30 days before a contract or agreement for purchase is considered for approval by the board
of county commissioners. If a contract or agreement for purchase is not submitted to the board of county
commissioners for approval, the exemption from s. 119.07(1) will expire 30 days after the termination of
negotiations. The county shall maintain complete and accurate records of every such appraisal, offer, and
counteroffer. For the purposes of this section, the term “option contract” means a proposed agreement by
the county to purchase a piece of property, subject to the approval of the local governing body at a public
meeting after 30 days’ public notice. The county will not be under any obligation to exercise the option
unless the option contract is approved by the governing body at the public hearing specified in this section.
(b) If the exemptions provided in this section are utilized, the governing body shall obtain at least one
appraisal by an appraiser approved pursuant to s. 253.025 for each purchase in an amount of not more than
$500,000. For each purchase in an amount in excess of $500,000, the governing body shall obtain at least
two appraisals by appraisers approved pursuant to s. 253.025. If the agreed purchase price exceeds the
average appraised price of the two appraisals, the governing body is required to approve the purchase by
an extraordinary vote. The governing body may, by ordinary vote, exempt a purchase in an amount of
$100,000 or less from the requirement for an appraisal.
(c) Notwithstanding the provisions of this section, any county that does not choose with respect to any
specific purchase to utilize the exemptions from s. 119.07(1) provided in this section may follow any
procedure not in conflict with the provisions of chapter 119 for the purchase of real property which is
authorized in its charter or established by ordinance.
(2) Nothing in this section shall be interpreted as providing an exemption from, or an exception to, s.
286.011.
9.B.4
Packet Pg. 179 Attachment: Florida Statute (7627 : Conservation Collier Ordinance Amendment)
9.B.5Packet Pg. 180Attachment: Resolution (7627 : Conservation Collier Ordinance Amendment)
9.B.5Packet Pg. 181Attachment: Resolution (7627 : Conservation Collier Ordinance Amendment)
9.B.5Packet Pg. 182Attachment: Resolution (7627 : Conservation Collier Ordinance Amendment)
9.B.5Packet Pg. 183Attachment: Resolution (7627 : Conservation Collier Ordinance Amendment)
9.B.5Packet Pg. 184Attachment: Resolution (7627 : Conservation Collier Ordinance Amendment)