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Agenda 05/28/2019 Item #11C (Conservation Collier Acquisition Strategy)05/28/2019 EXECUTIVE SUMMARY Recommendation to provide staff direction on the Conservation Collier Property Acquisition Strategy for future cycles. OBJECTIVE: To determine if the Board of County Commissioners (Board) desires to develop a short or long-term property acquisition strategy for the Conservation Collier program. CONSIDERATIONS: During the January 22, 2019 Board Meeting under Agenda Item #11A, the Board directed staff to provide an existing acquisition plan; or develop a plan if one does not exist. The attachment titled “History of Conservation Collier Strategy for Property Acquisition” provides a history of the Conservation Collier Program property acquisition strategy since program inception. In the past, acquisition planning has been done on a cycle by cycle basis, starting with Cycle 1 in 2003. After Cycle 8 was completed in 2010, no further cycles were contemplated as land acquisition funds were limited. In fiscal year 2013, Conservation Collier acquisition operations were formally phased out and accumulated reserves were moved to the Conservation Collier Management Trust Fund to manage the preserves. On February 14, 2017, the Board directed staff to restart the Conservation Collier land acquisition phase and authorized utilizing up to $17 million from the management trust fund. The acquisition plan for each cycle was to use the “Criteria for Evaluating Lands for Acquisition and Management” (Section 10) in the Conservation Collier Ordinance. The criteria include “Target Protection Areas” (TPAs). These TPAs are general and broad areas within Collier County where the Conservation Collier Land Acquisition Advisory Committee (CCLAAC), County Staff, and the Board of County Commissioners focus acquisition efforts when the program is in a buying cycle. Prior to most previous acquisition cycles, the CCLAAC proposed outreach areas and the Board approved by resolution properties to target for acquisition. Letters were sent to these property owners to determine if they were willing sellers. The CCLAAC considered the TPAs identified in the Conservation Collier Ordinance Section 10.3. In summary, the Conservation Collier land acquisition strategy has been to operate from the current goals and objectives of the ordinance, consistent with the Target Protection Areas, an d to solicit interested voluntary and willing sellers through direct mail contact. Cycle 9 initially focused on remaining properties related to Cycle 8, per Board direction. Moving forward, staff is seeking direction from the Board as to which existing criteria should be used and areas of the County to focus when creating a long-range acquisition plan for the remaining undeveloped land available in Collier County. In looking at the existing TPA map, there are four (4) major areas on the map which could be evaluated: Urban, North Golden Gate Estates, Rural Fringe Mixed Use District (RFMUD) Sending, and Rural Lands Stewardship Area (RLSA). In addition, staff proposes to evaluate lands surrounding existing Conservation Collier preserves which primarily reside within the Urban area and North Golden Gate Estates. Existing location of Conservation Collier preserves “Area” of the County Number of preserves Acreage Urban* 8 552 North Golden Gate Estates 5 488 Rural Fringe Mixed Use District 3 157 Rural Lands Stewardship Area 3 2,693 Outside TPA’s 1 381 TOTAL 20 4271 *219 acres of Pepper Ranch Preserve are within the Urban Area 11.C Packet Pg. 216 05/28/2019 Each area of the County has various regulations and overlays. Evaluation of each area will need specific consideration to contemplate these overlays. Given staff’s familiarity with the existing Conservation Collier preserves in the Urban area and Golden Gate Estates, staff anticipates a desktop evaluation of these areas could be done within a few months. The remaining properties available in the RFMUD could be evaluated with the assistance of the Zoning Division. Finally, the RLSA would not be recommended for evaluation. Areas to be set aside for preservation are incentivized through the RLSA Program. Therefore, staff is recommending that the initial evaluation includes study of the remaining available lands surrounding existing Conservation Collier preserves and in the following areas: Urban, North Golden Gate Estates, and Rural Fringe Mixed Use District. The evaluation would use the existing “Criteria for Evaluating Lands for Acquisition and Management” at a broad level using existing available data. The evaluation would not include whether the land is planned for development, available for sale, or whether the landowner is interested in selling. The evaluation would simply indicate which lands remain available and would give the Board the choice of where they would like to focus acquisition efforts during future acquisition cycles. Finally, the evaluation would provide a generalized b est-case scenario of long-range acquisition for the program to work towards. Once the evaluation is done, staff would report back to the Board and work towards finalizing the Acquisition Plan. If it is the pleasure of the Board to create a Plan, staff’s goal would be to complete the Acquisition Plan well in advance of the November 2020 Conservation Collier ballot referendum. Creation of the Plan would include stakeholder input through a CCLAAC subcommittee. If the referendum passes, the Acquisition Plan would be used as a tool to start an Acquisition Cycle. FISCAL IMPACT: The Fiscal impact for developing a Property Acquisition Plan would include staff time. There is an option to have the evaluation done by a third-party. The cost of this could range from $3000-$5000. GROWTH MANAGEMENT IMPACT: Fee-simple acquisition of conservation lands is consistent with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: While the proposed acquisition plan is not legally required it may serve as a planning tool to guide the Board’s future acquisitions. Whether to proceed with an acquisition plan and its contents is a Board policy decision. As such, this Item is approved for form and legality and requires a majority vote. -JAB RECOMMENDATION: Staff requests the Board provide staff direction on the Conservation Collier Property Acquisition Strategy for future cycles. If the Board chooses to direct staff to create a Property Acquisition Strategy Plan that would identify specific areas within the Target Protection Areas (TPAs), staff suggests the following: 1. Evaluate the lands available in the following areas of the County: Urban, North Golden Gate Estates, Rural Fringe Mixed Use District; and any areas surrounding existing Conservation Collier preserves. 2. Evaluate lands that include the following Criteria from Section 10 of the Conservation Collier Ordinance (#2019-03): a. Land with the most rare, unique and endangered habitats found in Collier County, order of preference: tropical hardwood hammocks, xeric oak scrub, coastal strand, native beach, xeric pine, riverine oak, high marsh (saline), tidal freshwater marsh, other native 11.C Packet Pg. 217 05/28/2019 habitats. b. Land which enhances and/or protects the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor. 3. Vet the Property Acquisition Strategy Plan through a Conservation Collier Land Acquisition Advisory Committee (CCLAAC) subcommittee. Prepared By: Summer Araque, Principal Environmental Specialist, Conservation Collier Coordinator, Parks and Recreation Division ATTACHMENT(S) 1. Conservation Collier History of Property Acquisition Strategy (PDF) 2. Ordinance 2019-03 amending 2002-63 (PDF) 3. TPA and Collier Green maps (PDF) 4. Acquired_Map_2019 (PDF) 5. PowerPoint CC Property Acquisition History (PDF) 11.C Packet Pg. 218 05/28/2019 COLLIER COUNTY Board of County Commissioners Item Number: 11.C Doc ID: 8871 Item Summary: Recommendation to provide staff direction on the Conservation Collier Property Acquisition Strategy for future cycles. (Summer Araque, Principal Environmental Specialist, Conservation Collier Coordinator, Parks and Recreation Division) Meeting Date: 05/28/2019 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 05/06/2019 11:28 AM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 05/06/2019 11:28 AM Approved By: Review: Parks & Recreation Ilonka Washburn Additional Reviewer Completed 05/06/2019 11:49 AM Parks & Recreation Barry Williams Additional Reviewer Completed 05/06/2019 4:26 PM Public Services Department Kimberley Grant Level 1 Reviewer Completed 05/06/2019 4:58 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 05/07/2019 8:13 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 05/07/2019 10:13 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 05/15/2019 10:22 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/15/2019 1:08 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/15/2019 4:53 PM Budget and Management Office Ed Finn Additional Reviewer Completed 05/17/2019 1:38 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/21/2019 12:02 PM Board of County Commissioners MaryJo Brock Meeting Pending 05/28/2019 9:00 AM 11.C Packet Pg. 219 History of Conservation Collier Land Acquisition Strategy 2019 Page 1 of 9 History of Conservation Collier Strategy for Property Acquisition 2003-2018 _____________________________________________________________________________ The following provides a history of the strategy for property acquisition for the Conservation Collier Program since program inception through 2018. Per the Conservation Collier Ordinance, properties deemed eligible for acquisition and management under the Conservation Collier program shall only be environmentally sensitive lands available from willing and voluntary sellers. These lands must satisfy at least two of the initial screening criteria listed below: • Land with the most rare, unique and endangered habitats found in Collier county, order of preference: tropical hardwood hammocks, xeric oak scrub, coastal strand, native beach, xeric pine, riverine oak, high marsh (saline), tidal freshwater marsh, other native habitats. • Lands offering the best human social values, including equitable geographic distribution, appropriate access for natural resource-based recreation, and enhancement of the aesthetic setting of Collier County. • Land which protects the most water resource values, including aquifer recharge, water quality, wetland dependent species habitat, and flood control. • Land containing the most biological value, including biodiversity, listed species habitat, connectivity, restoration potential and ecological quality. • Land which enhances and/or protects the environmental value of current conservation lands through function as a buffer, ecological line, or habitat corridor. • Any qualified land which meets at least tow of the above criteria and has matching funds available and/or which Conservation Collier funds availability would leverage a significantly higher funding rank in another acquisition program. Furthermore, the Ordinance allows for the acquisition of properties considered for a buying cycle to follow the criteria associated with “Target Protection Areas” (TPA). These are areas of focus within Collier County where the Conservation Collier Land Acquisition Advisory Committee (CCLAAC), County Staff, and the Board of County Commissioners focus their efforts when the program is in a buying cycle. This criterion includes: • All designated Urban Lands with predominantly native vegetative cover • All Collier County Natural Resource Protection Areas and Sending Lands, as shown on the Future Land Use Map of the Collier County Growth Management Plan. • All undeveloped lands with predominately native vegetative cover in the Northern Golden Gate Estates, as shown on the Future Land Use Map of the Collier County Growth Management Plan. • The Flow-way and Habitat Stewardship Areas as depicted on the Future Land Use Map of the Collier County Growth Management Plan. 11.C.1 Packet Pg. 220 Attachment: Conservation Collier History of Property Acquisition Strategy (8871 : Conservation Collier Property Acquisition Strategy) History of Conservation Collier Land Acquisition Strategy 2019 Page 2 of 9 Prior to most previous Acquisition Cycles, the CCLAAC and BCC by Resolution determined properties to target for acquisition. Letters were sent to these property owners to determine if they were willing sellers. The CCLAAC considered the TPAs identified in the Conservation Collier Ordinance Section 10.3. and existing preservation areas. Below are the areas where letters were sent at the beginning of each Conservation Collier Acquisition Cycle. Cycle 1 – 2003 1. Staff sent approximately 1000 letters to owners of undeveloped properties within all four (4) TPAs that met the following criteria: a. Urban parcels greater than 10 acres and more than 50% vegetated, urban parcels located west of Airport Road between 5 and 10 acres and more than 50% vegetated and those of any size containing Xeric Scrub plant communities or being contiguous to existing Conservation Lands, b. North Golden Gate Estates parcels greater than 5 acres in size, more than 50% vegetated and that aggregate up to more than 25 acres in one location, c. Sending Lands parcels greater than 100 acres and 75% or more vegetated, and d. Flow-way (FSA) and Habitat Stewardship (HSA) Areas greater than 100 acres and more than 75% vegetated. 2. The number of parcels and acreage involved in the first property interest letter mail-out using the above criteria were distributed across the 4 TPAs as follows: Number of Parcels Estimated Acreage Urban Area 564 5,967 North Golden Gate Estates 396 2,137 Sending/ NRPA Lands 58 8,417 FSA/HSA’s 57 35,617 Total 1,075 51,617 11.C.1 Packet Pg. 221 Attachment: Conservation Collier History of Property Acquisition Strategy (8871 : Conservation Collier Property Acquisition Strategy) History of Conservation Collier Land Acquisition Strategy 2019 Page 3 of 9 Cycle 2 – 2004 1. Staff sent approximately 750 interest inquiry letters to owners of undeveloped properties within the following areas that met the following criteria: Area Objective Criteria for selection I Properties in the Immokalee area where xeric scrub plant communities are present 10 acres or less and at least 50% vegetated –Urban TPA II Properties where undeveloped wetlands remain and can serve to buffer and expand CREW conservation lands 10 acres or more and at least 50% vegetated and/or functioning as a buffer to CREW lands –Sending and Habitat and Flow way Stewardship TPA III Properties in the Sabal Bay area where xeric scrub, coastal strand, native beach, high marsh or tidal freshwater marsh plant communities remain 10 acres or less and at least 50% vegetated – Urban TPA IV Remaining native plant communities that buffer the Gordon River corridor Adjacent to the Gordon River corridor and at least 50% vegetated – Urban TPA V Continued acquisition of properties within NGGE Unit 53 NGGE Unit 53 properties NGGE TPA VI Properties that abut and expand conservation target lands across border with Lee County Undeveloped properties in S6 T48 R27 –Sending TPA S11 T48 R26 –Sending TPA S12 T48 R26 – Sending TPA S6 T46 R28 – Non-TPA 2. Using a query to the County’s GIS database, the number of parcels and acreage involved in this interest inquiry letter mail-out using the above criteria and distributed across TPAs was as follows: Number of Parcels Acreage Urban Area 600 9,500 North Golden Gate Estates 40 80 Sending 68 1,920 FSA/HSAs 92 16,000 Other 2 640 Total 802 28,140 11.C.1 Packet Pg. 222 Attachment: Conservation Collier History of Property Acquisition Strategy (8871 : Conservation Collier Property Acquisition Strategy) History of Conservation Collier Land Acquisition Strategy 2019 Page 4 of 9 Cycle 3 - 2005: 1. Staff sent approximately 871 interest inquiry letters to owners of undeveloped properties within the following areas that met the following criteria: Using a query to the County's GIS database, the number of parcels and acreage involved in this interest inquiry letter mail-out using the above criteria and distributed across TPAs was as follows: Number of Parcels Acreage Area I (Sending, Neutral, Rural Lands) 200 1,947 Area II (Urban and Rural Lands) 211 22,738 Area III (Urban, NGGE and Neutral) 95 7,704 Area IV (FSA/HAS’s) 365 93,569 Total 871 125,958 Area Objective Criteria for selection TPA I Lands along the Immokalee Road corridor in Township 47 S, Range 47 E, located west of Immokalee Rd., along the west side of Corkscrew Sanctuary and just to the north of Immokalee Road in the Corkscrew Island Area. Area to include sod farms and cypress strand south of the Corkscrew neighborhood. 5 acres or greater and undeveloped Sending (and non-TPA) II Any wetlands and scrub areas in the Immokalee urban area At least 50% vegetated and undeveloped, Urban (and non-TPA) III Commission District III parcels 5 acres or greater and undeveloped Urban, NGGE (and non-TPA) IV (a) Camp Keais Strand and (b) Okaloacoochee Slough Undeveloped HSA/FSA 11.C.1 Packet Pg. 223 Attachment: Conservation Collier History of Property Acquisition Strategy (8871 : Conservation Collier Property Acquisition Strategy) History of Conservation Collier Land Acquisition Strategy 2019 Page 5 of 9 11.C.1 Packet Pg. 224 Attachment: Conservation Collier History of Property Acquisition Strategy (8871 : Conservation Collier Property Acquisition Strategy) History of Conservation Collier Land Acquisition Strategy 2019 Page 6 of 9 Cycle 4 – 2006 1. Staff sent approximately 145 interest inquiry letters to owners of undeveloped properties within the following areas: Area Objective Criteria for Selection TPA 1 (11) Parcels near Polly Ave.-north from Rattlesnake Hammock to Davis Blvd. Undeveloped Urban 2 (6) Parcels on the corner of Old Hwy 41 and Hwy 41 Undeveloped- Scrub Habitat Urban 3 (8) Parcels located along the east side of Livingston Road in between Immokalee Road and Vanderbilt Beach Road. Undeveloped Urban 4 (5) Parcels on the corners of Pine Ridge Road and Logan Blvd.- NE, SE and SW corners. Undeveloped Urban and NGGE 5 (29) Parcels-Expansion of School Board Property-Section 24 (Rural Fringe Mixed Used District “Neutral Lands”) Undeveloped Expansion of current Conservation Collier Land 6 (17) Properties to the North and East of Lake Trafford Undeveloped Urban 7 (3) Property owners in Horsepen Strand across from Estates Elementary School on 62 Ave N. and west of Everglades Blvd. to add onto two parcels we have received an application for. Undeveloped Urban and NGGE 8 (25) Parcels adjacent to Ave Maria conservation land and adjacent to conservation areas south of Ave Maria Undeveloped Habitat and Flowway (Rural Land Stewardship Area) 9 One parcel just south of US-41 and North and West of Manatee Road Undeveloped Urban 10 (41+/-) Properties adjacent to I-75 on the east and west sides of Everglades Blvd. between the Test Track on the east and the Rural Fringe Mixed Use District “Sending lands” on the west, not including parcels approximately 2,000 feet on either side of a potential Everglades Blvd. and I-75 interchange. Staff to work with Transportation Dept for exact parcels. Undeveloped Urban and NGGE Total Parcel for Target Mailing = 145 (+/-) 11.C.1 Packet Pg. 225 Attachment: Conservation Collier History of Property Acquisition Strategy (8871 : Conservation Collier Property Acquisition Strategy) History of Conservation Collier Land Acquisition Strategy 2019 Page 7 of 9 Cycle 5 – 2007 1. Staff sent 45 interest inquiry letters to owners of undeveloped properties within the following areas: Area Objective Criteria for selection TPA 1 (20) Parcels to add to potential wildlife corridor acquisition between Florida Panther National Wildlife Refuge and North Belle Meade Total acreage - 79.13 acres Undeveloped and directly connecting to current AAL B-list properties NGGE 2 (7) Parcels to complete acquisition of the McIlvane marsh area Total acreage - 90.45 acres Within the McIlvane Marsh and adjacent to AAL A-list properties Non-TPA 3 (13) Parcels to expand the Nancy Payton Preserve Total acreage – 42.65 acres Undeveloped – adjoining the Nancy Payton Preserve Non-TPA 4 (3) Parcels in the Horsepen Slough, NGGE unit 42, to acquire lowest land in NGGE to preserve wetlands and conduct and hold floodwater. Total acreage – 5.68 acres Undeveloped – adjoining the Oetting property NGGE 5 (2) Parcels- to expand the Brochu property Total acreage – 8.96 acres Undeveloped – adjoining the Brochu property Non-TPA Total Number of parcels targeted –45 Total acreage targeted – 226.87 acres Cycle 6 – 2008 1. CCLAAC recommended targeting properties adjacent to existing preserves. Cycle 7 – 2009 1. CCLAAC recommended: a. Parcel adjacent to Red Root Preserve b. Parcels adjacent to Panther Walk Preserve – south of 62nd Ave. and between 60th and 62nd Ave. c. Parcels adjacent and east of Nancy Payton Preserve Cycle 8 – 2010 1. CCLAAC recommended sending letters to private property owners within the Winchester Head Project Area and the Red Maple Swamp project area. Funds for acquisition were questionable ahead of Cycle 8. 11.C.1 Packet Pg. 226 Attachment: Conservation Collier History of Property Acquisition Strategy (8871 : Conservation Collier Property Acquisition Strategy) History of Conservation Collier Land Acquisition Strategy 2019 Page 8 of 9 Cycle 9 – 2017 1. CCLAAC’s recommendation was to contact the A-list and B-list property owners from Cycle 8 to see if they were still willing sellers and to send letters to private property owners within the Winchester Head Project Area and the Red Maples Swamp project area. 2. During the middle of the Cycle, staff was directed to expand and include “walk-in” applications. Additional letters were not sent to other possible willing sellers because of the timing of the cycle and volume of work generated. Target properties are normally identified in subcommittee and then recommended by the full committee and BCC, with letters being sent months in advance of the cut-off for application acceptance. The initial limited nature of Cycle 9 and opening to applications later did not allow sufficient time for target properties to be identified and letters to be sent in order to meet standard cycle deadlines. In summary, the Conservation Collier land acquisition strategy has been to operate from the current goals and objectives of the ordinance, consistent with the Target Protection Areas, and to solicit interested voluntary and willing sellers through direct mail contact with recommendation from CCLAAC and approval of the BCC. This mail contact has, through the course of the program, decreased due to the available land for acquisition and continued focus of the program in specific areas of concentration. Cycle 10 Staff is seeking Board direction on a long-range Acquisition Strategy Plan in advance of a potential Cycle 10. Attachments: Future Land Use Map 11.C.1 Packet Pg. 227 Attachment: Conservation Collier History of Property Acquisition Strategy (8871 : Conservation Collier Property Acquisition Strategy) History of Conservation Collier Land Acquisition Strategy 2019 Page 9 of 9 11.C.1 Packet Pg. 228 Attachment: Conservation Collier History of Property Acquisition Strategy (8871 : Conservation Collier Property Acquisition Strategy) ORDINANCE NO. 2019 - 03 AN ORDINANCE AMENDING ORDINANCE NO. 2002-63, WHICH ESTABLISHED THE CONSERVATION COLLIER PROGRAM, BY AMENDING SECTION FOUR: PURPOSE AND INTENT; SECTION FIVE: DEFINITIONS; SECTION SIX: CREATION OF THE CONSERVATION COLLIER ACQUISITION FUND; SECTION SEVEN: CREATION OF THE CONSERVATION COLLIER MANAGEMENT TRUST FUND; SECTION EIGHT:LAND ACQUISITION ADVISORY COMMITTEE; SECTION NINE: PROPERTY ELEGIBLE FOR ACQUISITION AND MANAGEMENT; SECTION TEN: CRITERIA FOR EVALUATING LANDS FOR ACQUISITION AND MANAGEMENT; SECTION TWELVE: NOMINATION OF ACQUISITION PROPOSALS AND CANDIDATE SITES; SECTION THIRTEEN: PROCEDURE FOR SELECTION OF ACQUISITION PROPOSALS FOR PLACEMENT ON THE ACTIVE ACQUISITION LIST AND SUBSEQUENT PURCHASE PROCEDURES;AND SECTION FOURTEEN: MANAGEMENT PLANS AND USE OF ENVIRONMENTALLY SENSITIVE LANDS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 3, 2002, the Board of County Commissioners adopted Ordinance No. 2002-63 establishing the Conservation Collier Program, which ordinance has been amended from time to time; and WHEREAS, the Board of County Commissioners desires to further amend Ordinance No. 2002-63 as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION 1: Name: This ordinance shall be known as Conservation Collier Implementation Ordinance. SECTION 2: Objectives: Words Underlined are added;Words Struck Through are deleted. Page 1 of 19 11.C.2 Packet Pg. 229 Attachment: Ordinance 2019-03 amending 2002-63 (8871 : Conservation Collier Property Acquisition Strategy) Conservation Collier is therefore hereby established to acquire, preserve, restore, and maintain vital and significant threatened natural lands, forest, upland and wetland communities located in Collier County, for the benefit of present and future generations. SECTION 3: Findings: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2.All ad valorem funds generated hereby shall be collected by the Collier County Tax Collector. 3.The County Manager, or his or her designee, shall administer this program in accordance with the procedures and criteria provided for herein. SECTION 4: Purpose and Intent: 1.To acquire, protect and manage environmentally sensitive lands that contain natural upland or wetland communities, native plant communities, rare and endangered flora and fauna, endemic species, endangered species habitat, a diversity of species, significant water resources, or outstanding aesthetic or other natural features, maximizing protection of Collier County's rarest,most unique and endangered habitats; 2.To acquire, protect and manage environmentally sensitive lands that offer the best human social value, including equitable geographic distribution, natural resource-based recreation, and protection of water resources, local ecological awareness, and enhancement of the aesthetic setting of Collier County; 3.To acquire,protect and manage environmentally sensitive lands that serve to recharge the County's aquifers and protect its wetlands and surface water resources to ensure the delivery of clean and plentiful water supplies and provide flood control; 4.To acquire, protect and manage environmentally sensitive lands containing the most biological value, including biodiversity, listed species habitat, connectivity, restoration potential, and ecological quality; 5.To protect present conservation lands by acquiring, protecting and managing adjacent properties which, if not acquired, would threaten the environmental integrity of the existing resource, or which, if acquired, would enhance and buffer the environmental integrity of the resource, and add to resource connectivity; Words Underlined are added;Words Struck Through are deleted. Page 2 of 19 11.C.2 Packet Pg. 230 Attachment: Ordinance 2019-03 amending 2002-63 (8871 : Conservation Collier Property Acquisition Strategy) 6.To restore the natural functions, as necessary, to any impacted and vulnerable habitats which would then contribute significantly to fulfilling this program's goals; 7.To help implement the objectives and policies of the Collier County Growth Management Plan which have been promulgated to preserve and protect environmental protection areas designated in the Plan and other natural forest resources, wetlands, endangered species habitat, and vulnerable rare habitats; 8.Upon recommendation by staff or the Board, to utilize a qualified third-party entity Oto identify Collier County's best and most endangered environmental lands for acquisition, protection and management by evaluating the biological and hydrological characteristics and viability of the resource, the vulnerability of the resource to degradation or destruction, and the feasibility of managing the resource to maintain its natural attributes; 9.To manage acquired environmentally sensitive lands with the primary objectives of maintaining and preserving their natural resource values, and providing appropriate natural resource-based recreational and educational opportunities, by employing management techniques that are most appropriate for each native community so that our natural heritage may be preserved and appreciated by and for present and future generations; 10. To have the acquired sites available, with minimal risk to the environmental integrity of the site, to educate Collier County's school-age population and the general public about the uniqueness and importance of Collier County's subtropical ecosystems and natural communities; 11. To protect natural resources which lie within the boundaries of other conservation land acquisition programs, where Conservation Collier funds would leverage significant other matching sources of funding for other agency acquisition projects that would not be available without such a local match, or which would result in considerably higher funding rank in another program, however, Collier County shall exclude Municipalities within the County from any requirement to provide matching funds; and, 12. To cooperate actively with other acquisition, conservation, and resource management programs that operate within the County's Area, including, but not limited to, such programs as the State of Florida Conservation and Recreation Lands program, the Land Acquisition Trust Fund, Florida Forever, Florida Communities Trust, and Save Our Rivers program, where the purposes of such programs are consistent with the purposes of Conservation Collier as stated hereinabove. Words Underlined are added;Words Struck Through are deleted. Page 3 of 19 G4` 11.C.2 Packet Pg. 231 Attachment: Ordinance 2019-03 amending 2002-63 (8871 : Conservation Collier Property Acquisition Strategy) SECTION 5: Definitions: The following words and phrases, when used in this chapter, shall have the meanings ascribed to them in this section: 1.Acquisition proposal" shall mean (a) parcel(s) of land which has/have been nominated or recommended for conservation in accordance with the procedures provided for herein. 2.Acquisition project" shall mean (a) parcel(s) of land approved by the Board of County Commissioners for conservation by the county in accordance with procedures provided for herein. 3.Authorized Purpose"means expenditures authorized herein. 4.Non-profit organization" shall mean an organization as defined in section 501 of the United States Internal Revenue Code, operating in Collier County, which includes among its primary goals the conservation of natural resources and the protection of the environment. 5.Buffer land" shall mean that land which is adjacent to publicly-owned environmental land, or privately held land permanently dedicated to conservation, or that land which is an in- holding within publicly-owned environmental land, and which, if not acquired, would threaten the environmental integrity of the existing resource, or if acquired, would enhance the environmental integrity and connectivity of the resource. 6.Environmentally sensitive" land shall mean that land which contains natural upland or wetland communities, native plant communities, rare and endangered flora and fauna, endemic species, endangered species habitat, a diversity of species, significant water resources, or outstanding aesthetic or other natural features. 7.Management" shall mean the preservation, enhancement, restoration, conservation, monitoring, or maintenance of the natural resource values of environmentally sensitive lands which have been acquired or approved for management under Conservation Collier, including provision of appropriate public access. 8.Target Protection Areas" shall mean larger areas of environmentally sensitive land within which are located specific sites which generally satisfy the initial screening criteria and meet the goals of Conservation Collier. 9.Natural resource-based recreation" shall mean all forms of uses which are consistent with the goals of this program, and are compatible with the specific parcel. Such uses shall Words Underlined are added;Words Struck Through are deleted. Page 4 of 19 11.C.2 Packet Pg. 232 Attachment: Ordinance 2019-03 amending 2002-63 (8871 : Conservation Collier Property Acquisition Strategy) include, but not be limited to, hiking, nature photography, bird-watching, kayaking, canoeing, swimming, hunting and fishing. 10. "Urban Area" shall mean those areas designated as Urban on the Collier County Future Land Use Map. SECTION 6: Creation of the Conservation Collier Acquisition Trust Fund. Collier County shall establish the Conservation Collier Acquisition Trust Fund for use in acquiring environmentally sensitive lands in Collier County. This fund shall receive and disburse monies in accordance with the provisions herein. 1.The Conservation Collier Acquisition Trust Fund shall receive monies from the following sources: a.All monies accepted by Collier County in the form of federal, State, or other governmental grants, reimbursements, allocations, or appropriations, foundation or private grants, donations for acquisition of environmentally sensitive lands and payments provided for mitigation activity associated with such acquisition activity. b.Such additional allocations as may be made by the Board of County Commissioners from time to time for the purposes set forth herein. c.All interest generated from the sources identified herein except where monies received have been otherwise designated or restricted. d.Supplementation from the Conservation Collier Management Trust Fund, but only with the approval of the Collier County Board of County Commissioners. e.Up to Eighty Seventy-five percent (8-5-%) (75%) of all ad valorem revenues collected for Conservation Collier. This percentage shall be reviewed annually by the Board. f.The proceeds of any property acquired with funds from the Conservation Collier Acquisition Trust Fund that is leased or sold by the County, said proceeds, as determined by the Board of County Commissioners, to be committed either to the Conservation Collier Acquisition Trust Fund or to the Conservation Collier Management Trust Fund for the purposes provided for herein. Any such sale or lease shall only be in accordance with the goals of this Program. g.Prior to acquiring land located within a Municipality's boundaries, approval must first be obtained from the governing body of that Municipality. Words Underlined are added;Words Struck Through are deleted. Page 5of19 11.C.2 Packet Pg. 233 Attachment: Ordinance 2019-03 amending 2002-63 (8871 : Conservation Collier Property Acquisition Strategy) 2.The Conservation Collier Acquisition Trust Fund shall be maintained in a separate and segregated trust fund of the County to be used solely for the authorized purposes set forth herein. 3. Disbursements from the Conservation Collier Acquisition Trust Fund shall be made only for the following authorized purposes: a.Acquisition of properties which have been approved for purchase by the Board of County Commissioners. b.Costs associated with each acquisition including, but not limited to, appraisals, surveys, environmental reports, title commitments and insurance policies, real property taxes, documentary stamps and surtax fees, and other transaction costs. c.Costs of administering Conservation Collier, including any loans from the General Fund for funding start-up costs until such time as the fund is closed. Administration of the program may be conducted by County staff or by contract with a private or not for profit entity subject to meeting all County and Conservation Collier purchasing policies. Administrative costs shall be limited to the greatest extent possible. needs and ways of meeting those needs, limited to no more than $150,000.00. e d. Costs To acquire and dispose of real and personal property or any interest therein when necessary or appropriate to protect the natural environment,provide public access or public recreational facilities, preserve wildlife habitat areas or provide access to management of acquired lands; to acquire interests in land by means of land exchanges; and to enter into alternatives to the acquisition of fee interests in land, including, the acquisition of easements, life estates, leases, and leaseback arrangements. f e. Acquisitions consistent with Collier County Land Development Code and the Growth Management Plan. g f To cooperate with other local, regional, state, or federal public land acquisition programs. In such cases, the County may enter into contractual or other agreements to acquire lands jointly or for eventual resale to other public land acquisition programs in Collier County. h g. All lands acquired and titled solely in the name of Collier County shall be managed by Collier County, wherever located, unless by mutual written agreement management arrangements and responsibilities are undertaken with other local, regional, state, or federal agencies. All lands jointly acquired with other local, regional, state, or federal agencies, Words Underlined are added;Words Struck Through are deleted. Page 6 of 19 11.C.2 Packet Pg. 234 Attachment: Ordinance 2019-03 amending 2002-63 (8871 : Conservation Collier Property Acquisition Strategy) including Municipalities, shall include, as part of the acquisition process, some mutual written agreement regarding the responsibilities of the joint owners for maintenance. h. To borrow money through the issuance of bonds for the purposes provided herein,to provide for and secure the payment thereof, and to provide for the rights of the holders thereof. i. To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in such investments as may be authorized for trust funds under Florida Statutes, Section 215.47 as amended. k j. To insure and procure insurance against any loss in connection with any of the trust's operations, including without limitation: a. The repayment of any loans to mortgage lenders or mortgage loans; b. Any project; c. Any bonds of the County; Insurance may be procured in such amounts and from such insurers, including the Federal Government, as may be deemed necessary or desirable by Collier County. 1 k. To engage the services of private consultants on a contract basis for rendering professional and technical assistance and advice. 1. To identify parcels of land that would be appropriate acquisitions. n m. To do any and all things necessary or convenient to carry out the purposes of, and exercise the powers given and granted herein to the full extent of the law. SECTION 7: Creation of the Conservation Collier Management Trust Fund: There is hereby created the Conservation Collier Management Trust Fund (hereinafter referred to as the Conservation Collier Management Trust Fund) for the preservation, enhancement, restoration, conservation and maintenance of environmentally sensitive lands that either have been purchased with monies from the Environmentally Sensitive Lands Acquisition Trust Fund, or have otherwise been approved for management. The Finance Director is hereby authorized to establish the Conservation Collier Management Trust Fund and to receive and disburse monies in accordance with the provisions of this section. 1. The Conservation Collier Management Trust Fund shall be maintained in a separate and segregated trust fund of the County to be used solely for the authorized purposes set forth herein. Words Underlined are added;Words Struck Through are deleted. Page 7 of 19 11.C.2 Packet Pg. 235 Attachment: Ordinance 2019-03 amending 2002-63 (8871 : Conservation Collier Property Acquisition Strategy) 2.The Conservation Collier Management Trust Fund shall receive monies from the following sources: a.Ad valorem taxes Revenues collected for Conservation Collier in an amount no less than 25% of the total collected in any one year. b. All monies accepted by Collier County in the form of federal, State, or other governmental grants, allocations, or appropriations, as well as foundation or private grants and donations, for management of lands acquired with the Conservation Collier Acquisition Trust Fund or otherwise approved for management. c.Additional allocations as may be made by the Board of County Commissioners as necessary from time to time for purposes strictly consistent with the goals and purposes of Conservation Collier. d.All interest generated from the sources identified herein, except where monies received have been otherwise designated or restricted. e.Supplementation from the Conservation Collier Acquisition Trust Fund, but only with the approval of the Collier County Board of County Commissioners. 3. Disbursements from the Conservation Collier Management Trust Fund shall be made by the County Manager or his or her designee only in accordance for the authorized purposes set forth herein and as approved by the Board of County Commissioners. 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 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, as amended. When active Words Underlined are added;Words Struck Through are deleted. Page 8 of 19 0 11.C.2 Packet Pg. 236 Attachment: Ordinance 2019-03 amending 2002-63 (8871 : Conservation Collier Property Acquisition Strategy) of seven (7) members. 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, unless active acquisition phases are not in place in which case four (4) or more members shall constitute a quorum. The Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business. The Land Acquisition Advisory Committee shall comply with the applicable requirements of the Florida Sunshine Law, and shall keep a written record of meetings, resolutions, findings and determinations in accordance with Chapter 112, Florida Statutes. Copies of all Committee Words Underlined are added;Words Struck Through are deleted. Page 9 of 19 11.C.2 Packet Pg. 237 Attachment: Ordinance 2019-03 amending 2002-63 (8871 : Conservation Collier Property Acquisition Strategy) 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 create any liability on the part of the County. The actions and recommendations of the Land Acquisition Advisory Committee are advisory only and shall not be binding upon the County unless approved or adopted by the Board of County Commissioners. d. At such time as there are insufficient uncommitted funds in the Conservation Collier Acquisition Trust Fund to conclude another acquisition and all acquisition projects have been closed, the Land Acquisition Advisory Committee shall report to the County Commission that it's business is concluded and revert to a land management oversight function. If funds remain in the All remaining Conservation Collier Acquisition Trust Fund monies these funds shall then be trafisferfed reviewed for recommendation of transfer to the Conservation Collier Management Trust Fund and transferred upon approval of the Board of County Commissioners. 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 Words Underlined are added;Words Struck Through are deleted. Page 10 of 19 fbi) 11.C.2 Packet Pg. 238 Attachment: Ordinance 2019-03 amending 2002-63 (8871 : Conservation Collier Property Acquisition Strategy) 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. SECTION 9: Property Eligible for Acquisition and Management: 1.Properties eligible to be considered for acquisition and management under Conservation Collier shall be only environmentally sensitive lands available from willing and voluntary participants, with acquisition priority given to those properties located within, but not limited to, the Urban Area of Collier County. 2. Acquisition of property shall not be constrained based on the immediate availability of management money. 3. Any environmentally sensitive land not on the acquisition list which is offered for conveyance or donation to Collier County and is proposed for management by Conservation Collier shall be evaluated as provided for herein below and may only be accepted and approved for management by the Board of County Commissioners. SECTION 10: Criteria for Evaluating Lands for Acquisition and Management: 1.The evaluation of each acquisition proposal shall be based on satisfying at least two of the initial screening criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria listed below under Section 2. The initial screening criteria are: a.Land with the most rare, unique and endangered habitats found in Collier County, order of preference: tropical hardwood hammocks, xeric oak scrub, coastal strand, native beach, xeric pine, riverine oak, high marsh (saline),tidal freshwater marsh, other native habitats. b.Lands offering the best human social values, including equitable geographic distribution, appropriate access for natural resource-based recreation, and enhancement of the aesthetic setting of Collier County. c.Land which protects the most water resource values, including aquifer recharge, water quality, wetland dependant species habitat, and flood control. d. Land containing the most biological value, including biodiversity, listed species habitat, connectivity, restoration potential, and ecological quality. e.Land which enhances and/or protects the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor. Words Underlined are added;Words Struck Through are deleted. Page 11 of 19111 11.C.2 Packet Pg. 239 Attachment: Ordinance 2019-03 amending 2002-63 (8871 : Conservation Collier Property Acquisition Strategy) f.Any qualified land which meets at least two of the above criteria and has matching funds available and/or which Conservation Collier funds availability would leverage a significantly higher funding rank in another acquisition program. 2.Those proposed acquisition proposals which are initially qualified under the screening criteria shall be evaluated and ranked by the staff and Land Acquisition Advisory Committee using Secondary Ranking Criteria based on site visit information which confirms or refutes the initial screening criteria evaluation, and based on comparative size (to prefer larger of similar parcels), vulnerability to destruction (to prefer most threatened of qualified parcels), overall resource ecological quality (to prefer highest quality of similar parcels) and the estimated feasibility and costs of management (to prefer the most manageable parcels). 3.The Board of County Commissioners hereby shall approve and make a part hereof the attached initial list of Target Protection Areas within which are located specific sites which generally satisfy the initial screening criteria and meet the goals of Conservation Collier. Inclusion on this list is not a guarantee of any specific purchase. All specific proposals will be evaluated and ranked by staff and the Land Acquisition Advisory Committee for a recommendation of approval to the Board of County Commissioners. In accordance with the goals, policies and procedures of this Conservation Collier Implementation Ordinance, the following list is the first Target Protection Areas adopted for consideration by the Land Acquisition Advisory Committee, County Staff and the Board of County Commissioners. a.All designated Urban lands on the Future Land Use Map of the Collier County Growth Management Plan with predominantly native vegetative cover. b.All Collier County Natural Resource Protection Areas and Sending Lands, as shown on the Future Land Use Map of the Collier County Growth Management Plan. c.All undeveloped lands with predominately native vegetative cover in the Northern Golden Gate Estates, as shown on the Future Land Use Map of the Collier County Growth Management Plan. d.The Flow-way and Habitat Stewardship Areas as depicted on the Future Land Use Map of the Collier County Growth Management Plan. Words Underlined are added;Words Struck Through are deleted. Page 12 of 19 11.C.2 Packet Pg. 240 Attachment: Ordinance 2019-03 amending 2002-63 (8871 : Conservation Collier Property Acquisition Strategy) 4.The County Manager shall prepare and periodically update for presentation to the Board of County Commissioners, a Conservation Collier Program Manual, developed by staff and the Land Acquisition Advisory Committee, which, upon approval by the Board of County Commissioners, shall be used as a guide for implementing the provisions of this ordinance, and shall also include the initial and secondary criteria listed herein above for evaluating Conservation Collier Acquisition Proposals. Commencement of the acquisition and management program shall be immediate upon approval by the Board of County Commissioners, passage of the referendum and appointment of the Land Acquisition Advisory Committee, even if the manual has not been completed. SECTION 11: Acquisition List: The overall Conservation Collier Acquisition List shall consist of two specific lists: the Target Protection Areas List and the Active Acquisition List. The Land Acquisition Advisory Committee and Board of County Commissioners shall approve both in accordance with the procedures set forth below: 1.The Target Protection Areas List shall consist of lands representing the highest natural resource values (such as Natural Resource Protection Areas), but generally not specific parcels, and is initially approved by the Board of County Commissioners and updated periodically by the Board of County Commissioners and Land Acquisition Advisory Committee. It is established and updated in accordance with Conservation Collier goals,procedures and criteria. 2.The Active Acquisition List shall consist of criteria-qualified sites that have been selected from Target Protection Areas, as well as qualified acquisition proposals submitted to the Land Acquisition Advisory Committee by the public, all of which have had applications submitted by property owners. The Active Acquisition List shall separate proposals into three (3) categories, A (pursue acquisition), B (hold for re-ranking in the next cycle), and C (no interest in acquiring). The A-category parcels/projects shall be further categorized as 1 (high priority), 2 (medium priority) and 3 (low priority), in order to give County staff direction as to priority for acquisition tasks. The Active Acquisition List shall be updated periodically according to Conservation Collier procedures and criteria. Site acquisition proposals that receive the highest evaluations pursuant to the Conservation Collier criteria and for which acquisition is feasible will be placed Words Underlined are added;Words Struck Through are deleted. Page 13 of 19 101 11.C.2 Packet Pg. 241 Attachment: Ordinance 2019-03 amending 2002-63 (8871 : Conservation Collier Property Acquisition Strategy) on this list, pending recommendation by the Land Acquisition Advisory Committee and approval by the Board of County Commissioners. 3.Once approved by the Board of County Commissioners, the County shall actively pursue acquisition of A-category projects on the Active Acquisition List. All sites shall be pursued on a voluntary "willing participant" basis only, without the use of the County's eminent domain powers. 4.Projects will only be removed from the Active Acquisition List by successful purchase of the site, approval of the next succeeding list, withdrawal of positive interest by the property owner, or by resolution of the Board of County Commissioners. Projects removed may still be considered at a later time. SECTION 12: Nomination of acquisition proposals and candidate sites: 1. Nominations for the Conservation Collier Program may be made by any person or organization, including Collier County, regional, State or Federal agencies, by contacting program staff in writing and providing positive identification of the parcel/project through a map or folio number(s). Staff will send an inquiry to the owner in the form of an interest letter advising of the nomination and asking if the owner wishes to submit an application for consideration to the Conservation Collier Program. 2. An owner may nominate his or her own property by submitting an application. 3.County staff will send letters of interest to property owners within Target Protection Areas as directed by the Land Acquisition Advisory Committee asking if the owner wishes to submit an application for consideration to the Conservation Collier Program. 4. An application submitted by the property owner to the County Manager or his designee shall be evidence of a willing seller_ 5.While public and landowner applications nominating properties for acquisition may be submitted at any time, during or after the first annual public solicitation meeting (described below), applications shall be gathered and evaluated within the framework of an acquisition cycle, which time frame shall be publicly announced. 6.There will be an annual public meeting for the purpose of updating the Board of County Commissioners and the public and for soliciting proposals and applications if the program is in a Words Underlined are added;Words Struck Through are deleted. Page 14 of 19 0 11.C.2 Packet Pg. 242 Attachment: Ordinance 2019-03 amending 2002-63 (8871 : Conservation Collier Property Acquisition Strategy) buying cycle. The first such meeting will take place at the end of the first year of implementation of Conservation Collier. 7.Owner interest shall be disclosed in applications in the same manner as required of zoning applicants by the Collier County Land Development Code. SECTION 13: Procedure for selection of acquisition proposals for placement on the Active Acquisition List and Subsequent Purchase Procedures: 1. Acquisition proposals for which applications have been received shall be prescreened using the initial screening criteria. Those that satisfy two (2) out of six (6) of the Initial Screening Criteria shall be forwarded to the Land Acquisition Advisory Committee for a vote for a complete evaluation. 2. Acquisition proposals which do not satisfy the initial screening criteria or which satisfy initial screening criteria but for other reasons may not fulfill the purposes of Conservation Collier will be reported to the Land Acquisition Advisory Committee and shall not be evaluated further unless at least five [5] members of the Land Acquisition Advisory Committee vote for a complete evaluation. 3.Proposals which satisfy the initial screening will be further evaluated for presentation to the Land Acquisition Advisory Committee for review and ranking by staff or a qualified third- party. Evaluation shall include a site visit, which staff shall coordinate with the property owner, and which may include one advisory committee member, review of information about the parcel(s) available in the county's electronic databases and research into any other records retained by the county about the parcel(s). Using both observed and gathered data staff or a qualified third party shall prepare an Initial Criteria Screening Report (ICSR) which will include boundary and location maps for each site, descriptions of the biological and hydrological characteristics, including initial criteria satisfied, a summary of its potential for appropriate use, development potential of the site and adjacent land, an assessment of the management needs and costs, the assessed and estimated value, and any potentially available matching funds. 4. Upon completion of the ISCR ICSR, the Land Acquisition Advisory Committee shall hold a public hearing for presentation where staff will present information contained in the ICSR regarding each site, the applicants' and/or landowners' comments, and comments from the Words Underlined are added;Words Struck Through are deleted. Page 15of19 0 11.C.2 Packet Pg. 243 Attachment: Ordinance 2019-03 amending 2002-63 (8871 : Conservation Collier Property Acquisition Strategy) public. A courtesy notice shall be provided to the owners of properties which are the subject of the hearing, although failure to notify said owners shall not invalidate these proceedings. 5. After all properties within the current acquisition cycle have been presented, the Land Acquisition Advisory Committee shall evaluate all qualified proposals using criteria, as documented in the ICSR along with, public comments, and their own experience and judgments, and then rank the parcels according to the A, B and C ranking categories to create a recommended Active Acquisition List at a public_hearing. Additional meetings may be called to complete this task. 6.The recommended Active Acquisition List shall be forwarded to the Board of County Commissioners, who, in a public meeting, shall vote on whether to approve all or part of the proposed Active Acquisition List. Properties may be added but any additional properties must be subjected to the entire evaluation process. 7.County Staff shall notify property owners and the public of the final approved Active Acquisition List. 8. After approval of the Active Acquisition List, Real Estate Services staff will arrange for appraisals for A-category parcels/projects and when appraisals are received make an offer to the owner(s) pursuant to the approved Conservation Collier Land Acquisition Purchase Policy Resolution No. 2003-195, or as superseded). Parcels located within the Rural Fringe Mixed Use District "Sending" lands are subject to additional requirements regarding Transfer of Development Rights (TDR) credits, as specified in the Conservation Collier Land Acquisition Purchase Policy, Resolution 2003-195, or as superseded. Once an offer is accepted, Real Estate Services staff will prepare a contract and request the owner sign. This signed contract will be presented to the Land Acquisition Advisory Committee at a public meeting to decide, by majority vote, whether to recommend approval of the contract to the Board of County Commissioners. Along with the contract, staff will provide a Project Design Report for each parcel/project, including cost,history, purpose of project, and program qualifications. 9. After obtaining a recommendation from the Land Acquisition Advisory Committee, the contract, Project Design Report and Land Acquisition Advisory Committee recommendation will be presented to the Board of County Commissioners at a public hearing for their review and approval. Words Underlined are added;Words Struck Through are deleted. Page 16 of 19 GQ' 11.C.2 Packet Pg. 244 Attachment: Ordinance 2019-03 amending 2002-63 (8871 : Conservation Collier Property Acquisition Strategy) 10. The Board of County Commissioners shall have final approval authority of the contract terms for each proposed project and shall authorize any and all purchases. 11. Once a contract has been approved and executed by the Board of County Commissioners in accordance with County policies, Real Estate Services shall proceed to close on the purchase of property in accordance with County policies. SECTION 14: Management plans and use of environmentally sensitive lands: 1. No later than ninety [90] days from the date of acquisition, an interim management plan for any property acquired shall be submitted by County staff to the Land Acquisition Advisory Committee for approval. Upon approval, the plan shall be submitted to the Board of County Commissioners for final approval and shall be implemented by the County Manager pursuant to the Board's direction. Any such interim management plan(s) shall not be implemented for more than two (2) years after acquisition of the property, prior to the expiration of two [2] years, either a new management plan shall be implemented, or, by affirmative action of the Board, the interim plan shall continue. 2. A final management plan, with required review and updating every ten years, shall be prepared, with review and input of the Land Acquisition Advisory Committee, for each property acquired by Conservation Collier which shall: a) Identify such management activities as are necessary to preserve, enhance, restore, conserve, maintain, or monitor the resource, as appropriate; and b) Identify such uses as are consistent with the preservation, enhancement, restoration, conservation, and maintenance of the resource; and c) Estimate the annual costs of managing the project. 3. Annually, the ten-year management plans prepared during the preceding year shall be submitted to the Board of County Commissioners for its approval. Each ten-year management plan shall be updated at least every five (5) years from the last date of Board approval, and may be amended as often as required. Management plan updates and amendments shall be reviewed by the Land Acquisition Advisory Committee for their input and recommendations and then submitted to the Board of County Commissioners for approval. Words Underlined are added;Words Struck Through are deleted. fte, Page 17 of 19 11.C.2 Packet Pg. 245 Attachment: Ordinance 2019-03 amending 2002-63 (8871 : Conservation Collier Property Acquisition Strategy) 4. All management plans shall be consistent with the purposes set forth herein. All properties acquired or managed through Conservation Collier shall be managed in accordance with the approved management plan for that property. 5. No use, infrastructure, or improvement shall be permitted on any property acquired or managed under Conservation Collier that is inconsistent with the purposes of the program or that is not provided by an approved management plan for the property. 6.The County will seek cooperative management arrangements with other agencies and entities, in keeping with the approved management plans and goals of Conservation Collier. 7.Purchasing land using Conservation Collier program funds permanently extinguishes all development rights except those strictly compatible with the purposes and goals of Conservation Collier, unless such lands are exchanged for similar lands within and between multi-parcel projects that have been previously recommended by the Conservation Collier Land Acquisition Advisory Committee and approved by the Board of County Commissioners in accordance with the goals and purposes of the Program In case of these land exchanges, development rights are restored to those properties exchanged out of County ownership. 8.Public access is an important element of management and this Program. Examples of permitted uses, subject to compatibility with specific parcels, include: hiking, nature photography, bird watching, kayaking, canoeing, swimming, hunting and fishing. The program will also make the acquired sites available, with minimal risk to the environmental integrity of the site, to educate Collier County's school-age population and the general public about the uniqueness and importance of Collier County's subtropical ecosystems and natural communities. SECTION 15: Responsibilities of the County Manager: The County Manager shall facilitate such activities, designate such staff, and assign such responsibilities as are necessary to fulfill the purposes of this Ordinance. SECTION 16: Sunset of the Conservation Collier Ad Valorem Tax: 1.The Conservation Collier special tax revenue will sunset after 10 (ten) years, unless reauthorized through similar voter referendum approval. 2. The Management Trust Fund continues in perpetuity, as long as Conservation Collier lands remain in county hands. Words Underlined are added;Words Struck Through are deleted. Page 18 of 19 11.C.2 Packet Pg. 246 Attachment: Ordinance 2019-03 amending 2002-63 (8871 : Conservation Collier Property Acquisition Strategy) SECTION 17: Inclusion in the Code of Laws and Ordinances: The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION 18: Conflict and 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 19: 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 Z.( \-, day of v-o 2019. Attest: BOARD OF COUNTY COMMISSIONERS CRYS .01 Clerk COLLIER COUNTY, FLORIDA v\auY 61) Alk Deputy Clem L. McDaniel, Jr., Chairman Atte'St us to Chairmanl s;u ealure only. Approved as to Form and Legality:This ord+.nonce fil 'd with 40r-c! Secretory of 53flte`s Cf'ie`:'>. ll‘r. ccnd atkncwfsdg2mr t # this' Jennifer A. Belpedio Pilin received this any Assistant County Attorne U1 of AlaidBy Dewy 111 Words Underlined are added;Words Struck Through are deleted. Page 19 of 19 11.C.2 Packet Pg. 247 Attachment: Ordinance 2019-03 amending 2002-63 (8871 : Conservation Collier Property Acquisition Strategy) RON DESANTIS Governor LAUREL M. LEE Secretary of State R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us February 28, 2018 Ms. Crystal K. Kinzel, Clerk Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara Dear Ms. Kinzel: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 19-03, which was filed in this office on February 27, 2019. Sincerely, Ernest L. Reddick Program Administrator ELR/lb 11.C.2 Packet Pg. 248 Attachment: Ordinance 2019-03 amending 2002-63 (8871 : Conservation Collier Property Acquisition Strategy) I 75 SR 29US 41CR 951IMMOKALEE RD T A M I A M I T R A I L OIL WELL RD CR 92SR 8 2 CR 846 US4 1SR 41CR 858SR 951EVERGLADES BLVDGOLDEN GATE BLVD CR 29DAVIS BLVD RADIO RD PINE RIDGE RD LOOP RD.VANDERBILT BEACH COR K S C R E W R D GOLDEN GATE PKWY S R 2 9 US 41TAMIAMI TRAI L 0 7.5 153.75 Miles Conservation Collier Target Protection Areas Legend Conservation Lands* Target Protection Areas: Urban North Golden Gate Estates Rural Fringe Sending Rural Lands Habitat Stewardship Rural lands Flowway Data Source: CDES / Graphics Created by: GIS CDES / Environmental Services T:\CDES\Projects\ConCollier\Target.mxd G:\Images\Maps&Aerials\Target.pdf * Refer to the Collier County Existing Land Inventories Map for more details on Conservation lands 11.C.3 Packet Pg. 249 Attachment: TPA and Collier Green maps (8871 : Conservation Collier Property Acquisition Strategy) City Of Marco Island City Of Naples City Of EvergladesSR 29INTERSTATE 75 IMMOKALEE RD OIL WELL RD COLLIER BLVDTAMIAMI TRL E CR 846 SR 82 LIVINGSTON RDTAMIAMI TRL NSR 29 NSAN MARCO RDDAVIS BLVDGOODLETTE RD NPINE RIDGE RD EVERGLADES BLVD NRADIO RD DESOTO BLVD SLOGAN BLVD NSANTA BARBARA BLVDDESOTO BLVD NVANDERBILT BEACH RD GOLDEN GATE BLVD EVANDERBILT DRAIRPORT PULLING RD NEVERGLADES BLVD SCORKSCREW RD GOLDEN GATE BLVD W CO P E L A N D A V E S9TH ST NWILSON BLVD NS 1ST STB A L D E AG L E D R N B A R F I E L D D R N 15TH STOLD US 41S BARFIELD DRS COLL IER BLVD BONITA BEACH RD 111TH AVE N AIRPORT PULLING RD SNE W M A R K E T R D W VANDERBILT BEACH RD EXT º COLLIER COUNTY EXISTING LAND INVENTORIES 0 4.5 92.25 Miles GIS MAPPING: BETH YANG. AICPGROWTH MANAGEMENT DEPARTMENTREVISED DATE: APRIL, 2017FILE: \\CC00005322\Beth\MXDs\GreenMap_0118.mxd Big CypressNational Preserve Florida PantherNational Wildlife Preserve Fakahatchee StrandPreserve StateParkPicayune StrandState Forest Ten ThousandIslands NationalWildlife Refuge Everglades National Park Rookery BayNational EstuarineResearch Reserve CREW Okaloacoochee SloughState Forest CollierSeminoleState Park Delnor-Wiggins Pass State Park Barefoot BeachPreserve CorkscrewRegionalEcosystemWatershed RFMUD Sending Lands SSA 11 SSA 16 SSA 3 SSA 4 SSA 5 SSA 2 SSA 1 SSA 9 SSA 10 SSA 12 SSA 6 SSA 15 SSA 15 Clam Bay NRPA (Disclaimer: The information provided is to be used for general mapping purposes only. Ground surveying and records search must be used for absolute boundaries/acreages) §¨¦75 §¨¦75 §¨¦75 £¤41 £¤41 £¤41 £¤41 £¤41 CREW LakeTraffordImpoundment LakeTrafford SSA 7 SSA 13 SSA 14 Corkscrew SwampSanctuary AVE MARIA SRA (Non-platted golf courses, FPL, government, schools, churches, etc.) GROWTH MANAGEMENT DEPARTMENT Stewardship Areas: 500 Foot Restoration Area Flowway Stewardship Area (FSA) Water Retention Area (WRA) Ave Maria SRA Habitat Stewardship Area (HSA) RLSA Program Area Conservation Collier State, Federal or County Conservation Conservation Easement SSA RFMUD Sending Lands ACSC PUD Plats/Subdivisons Estates Other Developed Area RFMUD Boundary City Limits Immokalee Urban Area Used with permission of Collier County Zoning Division. Last updated in 2017 and is presented for general planning purposes only. 11.C.3 Packet Pg. 250 Attachment: TPA and Collier Green maps (8871 : Conservation Collier Property Acquisition Strategy) Railhead Scrub Preserve - 130 ac Wet Woods Preserve - 28 ac Cocohatchee Creek Preserve - 4 ac Logan Woods Preserve - 6 ac Shell Island Preserve - 80 ac Gordon RiverGreenway Preserve - 41 ac Freedom Park - 12.5 ac Panther Walk Preserve - 9.5 ac Winchester Head - 76 ac Red Maple Swamp Preserve - 200 ac Nancy Payton Preserve - 75 ac Otter Mound Preserve - 3 ac Rivers Road Preserve - 78 ac Alligator Flag Preserve - 20 ac McIlvane Marsh Project - 300 ac Red Root Preserve - 9 ac Caracara Prairie Preserve - 368 ac Pepper Ranch Preserve - 2,512 ac Camp Keais Strand Project - 27 ac Gore Properties - 168 ac Green and Green - 29 acPending Acquisition Collier CountyConservation Collier Program Lands 2019 Data Source:Parcels - Collier County Property AppraiserCreated By: Conservation Collier ASG:\Conservation Collier\maps\Acquired properties\Acquired_Map_2019.mxd and .jpgApril 29, 2019 É 0 2 4 Miles Legend Other Agency Conservation LandsPending Acquisition Acquired 11.C.4 Packet Pg. 251 Attachment: Acquired_Map_2019 (8871 : Conservation Collier Property Acquisition Strategy) Conservation Collier Property Acquisition Strategy Plan May 28, 2019 BCC Meeting 11.C.5 Packet Pg. 252 Attachment: PowerPoint CC Property Acquisition History (8871 : Conservation Collier History of Acquisition by the Conservation Collier Program In the past, an acquisition plan has been created on a cycle by cycle basis 2003 -Cycle 1 initiated 2010 -Cycle 8 completed 2011 -No further Cycles contemplated as acquisition funds limited 2013 -Conservation Collier acquisition operations were formally phased out and accumulated reserves were moved to the Conservation Collier Management Trust Fund 2017 -BCC directed staff to restart the Conservation Collier land acquisition phase and authorized utilizing up to $17 million of Conservation Collier Management Trust Fund 2018 to 2019 –BCC approved $1,868,500 for acquisition of 4 properties; 3 owners accepted and 1 rejected offer. Total being spent is $1,598,500 11.C.5 Packet Pg. 253 Attachment: PowerPoint CC Property Acquisition History (8871 : Conservation Collier Target Protection Areas (TPAs) as defined by the Conservation Collier Ordinance Larger areas of environmentally sensitive land within which are located specific sites which generally satisfy the initial screening criteria and meet the goals of Conservation Collier. 11.C.5 Packet Pg. 254 Attachment: PowerPoint CC Property Acquisition History (8871 : Conservation Collier 11.C.5 Packet Pg. 255 Attachment: PowerPoint CC Property Acquisition History (8871 : Conservation Collier Process for identifying properties for acquisition Cycles 1-8 Prior to Acquisition Cycles 1 through 8, the CCLAAC determined properties to target for acquisition. Letters were sent to these property owners to determine if they were willing sellers. The CCLAAC considered the TPAs identified in the Conservation Collier Ordinance Section 10.3, as well as equitable geographic distribution by Commission District when determining where to send letters. 11.C.5 Packet Pg. 256 Attachment: PowerPoint CC Property Acquisition History (8871 : Conservation Collier Summary of Acquisition Strategy to date Operate from the current goals and objectives of the ordinance, consistent with the Target Protection Areas Solicit interested voluntary and willing sellers through direct mail contact. Cycle 9 focused on remaining properties related to Cycle 8, per Board direction. 11.C.5 Packet Pg. 257 Attachment: PowerPoint CC Property Acquisition History (8871 : Conservation Collier Moving forward… Staff is seeking direction from the Board as to 1.Do you want staff to continue with the same strategy? 2.OR Do you want staff do a more detailed analysis to determine remaining undeveloped land in Collier County? 11.C.5 Packet Pg. 258 Attachment: PowerPoint CC Property Acquisition History (8871 : Conservation Collier Staff Recommendation If the Board chooses to direct staff to create a Property Acquisition Strategy Plan that would identify specific areas within the Target Protection Areas (TPAs), staff suggests the following: 1.Evaluate the lands available in the following areas of the County: Urban, North Golden Gate Estates, Rural Fringe Mixed Use District; and any areas surrounding existing Conservation Collier preserves. 2.Evaluate lands that include the following Criteria from Section 10 of the Conservation Collier Ordinance (#2019-03): a.Land with the most rare, unique and endangered habitats found in Collier County, order of preference: tropical hardwood hammocks, xeric oak scrub, coastal strand, native beach, xeric pine, riverine oak, high marsh (saline), tidal freshwater marsh, other native habitats. b.Land which enhances and/or protects the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor. 3.Vet the Property Acquisition Strategy Plan through a Conservation Collier Land Acquisition Advisory Committee (CCLAAC) subcommittee 11.C.5 Packet Pg. 259 Attachment: PowerPoint CC Property Acquisition History (8871 : Conservation Collier Acquisition Costs to date Cycle Acres Cost Cost per acre Cycle 1 189.32 $28,751,250.00 $151,865.89 Cycle 2 165.34 $7,482,383.00 $45,254.52 Cycle 3 78.69 $7,254,400.00 $92,189.60 Cycle 4 686.37 $18,698,220.00 $27,242.19 Cycle 5 2787.94 $39,862,147.02 $14,298.06 Cycle 6 119.58 $2,032,433.00 $16,996.43 Cycle 8 36.89 $570,255.00 $15,458.25 Cycle 9*199.91 $1,598,500.00 $7,996.09 Total for all Cycles 4264.04 $106,249,588.02 $24,917.59 Avg. for all Cycles 533.01 $13,281,198.50 $46,412.63 * Cycle 9 A-list initially included $17,925,000 total proposed for acquisition by BCC. 11.C.5 Packet Pg. 260 Attachment: PowerPoint CC Property Acquisition History (8871 : Conservation Collier 11.C.5 Packet Pg. 261 Attachment: PowerPoint CC Property Acquisition History (8871 : Conservation Collier