Resolution 2002-265
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RESOLUTION NO. 2002- :1:...65
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF COLLIER,
FLORIDA, ORDERING AND PROVIDING FOR HOLDING OF
A REFERENDUM ELECTION TO DETERMINE IF THE
ELECTORS OF THE COUNTY OF COLLIER, FLORIDA
APPROVE THE LEVY OF AN ADDITIONAL AD VALOREM
TAX NOT EXCEEDING 1/4 MILL FOR 10 YEARS AND THE
ISSUANCE OF NOT EXCEEDING $75,000,000 LIMITED TAX
GENERAL OBLIGATION BONDS, TO BE ISSUED IN ONE
OR MORE SERIES, PAYABLE THEREFROM, IN ORDER TO
FINANCE ACQUISITION AND MANAGEMENT OF
ENVIRONMENT ALLY SENSITIVE LANDS FOR THE
PROTECTION OF WATER RESOURCES, WILDLIFE
HABITAT, AND PUBLIC OPEN SPACE IN
PERPETUITY,AND PURPOSES INCIDENTAL THERETO;
PROVIDING CERTAIN OTHER MATTERS IN CONNECTION
THEREWITH; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Collier County recognizes the need to plan for future growth and desires to
initiate a long-term program, known as Conservation Collier, to acquire and manage
environmentally sensitive land in perpetuity for the protection of water resources, wildlife habitat
and public open space, and
WHEREAS, the history of Collier County is marked with efforts to conserve the County
and region's unique ecological character and to preserve valuable ecosystems for future
generations; and
WHEREAS, it remains the goal of Collier County to conserve, manage and where
necessary, restore the natural environment and provide appropriate access for the enjoyment and
education of the public; and
WHEREAS, Florida's groundwater, surface waters and related ecosystems are under
pressure due to population growth and economic expansion and resources are needed to ensure
that sufficient quantities of water are available to meet the current and future needs of the natural
systems and citizens of the County; and
WHEREAS, access to public lands support a broad range of outdoor recreational
opportunities and the development of necessary infrastructure, where compatible with the
resource values and management objectives for such lands, promotes an appreciation for
Florida's natural assets and improves the quality ofhfe; and
WHEREAS, the need for high-quality resource based outdoor opportunities, greenways,
trails and open space have not been fully met by previous acquisition programs and additional
emphasis on acquiring, protecting, preserving and restoring open space, greenways and
providing public access is necessary; and
WHEREAS, acquisition to protect the integrity of ecological systems provide multiple
benefits, including preservation of habitat, recreation space for urban as well as rural areas, and
water recharge; and
WHEREAS, a long-term acquisition and management program is needed and funding is
required, and
WHEREAS, a long-term financial commitment to managing public lands must
accompany any new land acquisition program to ensure that the natural resource values of such
lands are protected and that the public has the opportunity to enjoy the lands to their fullest
potential; and
WHEREAS, if said funding is authorized by the voters of Collier County and the Board
of County Commissioners, in its discretion, levies the necessary millage, it is in the public's
interest to have any resulting acquisition and management program procedurally implemented in
a manner that sets specific guidelines for the program to ensure effective and successful
completion of the Conservation Collier program.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, IN OPEN MEETING DULY
ASSEMBLED IN THE BOARD OF COUNTY COMMISSIONERS CHAMBERS AT 3301
EAST TAMIAMI TRAIL, NAPLES, FLORIDA, THIS/il -~"DAY OF~3~,, 2002, A.D., AS
FOLLOWS:
SECTION I. Findings
It is found and declared that:
(A) This Resolution is adopted pursuant to applicable provisions of law.
(B) It is desired to ask the electors of the County if they desire the Board of County
Commissioners to authorize the annual levy of an additional ad valorem tax not exceeding 1/4
mill for ten years to fund the acquisition, preservation, and management of environmentally
sensitive lands for the protection of water resources, wildlife habitat and public open space
suitable for resource based recreation from taxes collected and on deposit and from the proceeds
of the issuance of short and/or long term indebtedness authorized herein payable from the
aforesaid additional ad valorem tax.
(c)
(D)
(E)
The expenditures authorized serve a paramount public purpose.
It is in the best interest of the County to issue such bonds as are necessary or
desirable to finance projects payable as heretofore described.
The recitations of the preamble are hereby adopted as findings herein.
SECTION II. Referendum Election Ordered.
A referendum election be and is hereby ordered to be held in Collier County, Florida, on
November 5, 2002, to determine whether or not the levy of an additional ad valorem tax and
issuance of limited tax general obligation bonds for the afore said purposes shall be approved by
the electors of the County.
SECTION III. Voting.
The polls will be open at the voting places on the date of such election from 7:00 a.m. to
7:00 p.m. on the same day. All qualified electors residing within the County shall be entitled and
permitted to vote at such an election as hereinafter provided. The referendum election shall be
held and conducted in the place or places prescribed by law for general elections in the County.
The referendum election shall be held and conducted in the manner prescribed by law for
holding general elections in the County, and the County Manager and Supervisor of Elections are
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directed to take all necessary measures to conduct the election in all manner required by law.
The returns shall be properly canvassed by a county canvassing board to be comprised of a
County Court Judge, one member of the Board of County Commissioners and the Supervisor of
Elections (collectively, the "Canvassing Board") and all procedures and requirements of state
law and other applicable law shall be complied with for the purpose of conducting the
computation of ballots and completion of election procedures.
SECTION IV. Ballots.
The ballots to be used in the referendum election shall be on plain white paper, or
otherwise permitted electronic format, with a written description of the proposed issuance of the
bonds and levy of the tax, and which will provide facilities for qualified electors to vote for or
against the issuance of the Bonds paid for by the levy of the tax as they may choose. Voting
equipment shall be used at such referendum election or the Supervisor of Elections deems such
other means as appropriate and permitted by law. The question appearing on the ballots to be
used in the referendum election shall be in substantially the following form:
BALLOT
CONSERVATION COLLIER: ACQUISITION AND
MANAGEMENT OF ENVIRONMENTALLY SENSITIVE,
WATER RESOURCE LANDS, AND PUBLIC OPEN SPACE
SHALL COLLIER COUNTY BE AUTHORIZED TO ACQUIRE,
PRESERVE AND MANAGE ENVIRONMENTALLY
SENSITIVE LANDS FOR THE PROTECTION OF WATER
RESOURCES, WILDLIFE HABITAT, AND
SPACE BY ISSUING BONDS UP TO
MILLION DOLLARS PAYABLE FROM AD
TAXES NOT EXCEEDING ONE QUARTER OF
FOR A PERIOD OF TEN (10) YEARS, AND
INTEREST AT A RATE NOT EXCEEDING THE MAXIMUM
LEGAL RATE?
YES (FOR BONDS).
NO (AGAINST BONDS).
PUBLIC OPEN
SEVENTY-FIVE
VALOREM
ONE MILL
BEARING
SECTION V. Absentee Voting.
Adequate provision shall be made for absentee voting. Ballots shall be used suitable for
absentee voting at the election. The form of ballots to be used in the election for absentee voters
shall be in substantially the form set out above and in accordance with the Florida Election Code.
SECTION VI. Results of Election.
Returns of the votes cast at the election shall be made to and canvassed by the
Canvassing Board and the Canvassing Board shall declare the results and certify the same to the
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County Manager to be recorded in the minutes of the County. If a majority of the votes cast at
such election in respect to the levy of the tax and issuance of the bonds shall be "YES" (For
Bonds), such bond issuance shall be approved, and bonds shall be issued by the County pursuant
to the terms and provisions of applicable law, ordinances, or resolutions. Regardless of the
results of the election, the Supervisor of Elections is hereby directed to submit such results to the
Department of State pursuant to Section 100.351, Florida Statutes.
SECTION VII. Publication of Resolution and Notice.
At least 30 days' notice of the election shall be published in the Naples Daily News, or
any other newspaper of general circulation within the County, at least twice, once in the fifth
week and once in the third week prior to the week in which the election is held, in the manner
provided in Section 100.342, Florida Statutes.
The notice of election shall be in substantially the following form:
NOTICE OF TAX AND BOND REFERENDUM
COUNTY OF COLLIER, FLORIDA,
ON NOVEMBER 5, 2002
NOTICE IS HEREBY GIVEN THAT A COUNTY OF COLLIER,
FLORIDA, TAX AND BOND REFERENDUM will be held on the 5th
day of November, 2002, in the County of Collier, Florida, for the
purpose of determining whether or not an additional ad valorem tax not
exceeding 'A mill shall be levied annually for ten (10) years and limited
tax general obligation bonds of the County issued in one or more series,
payable there from shall be issued in the aggregate principal amount of
not exceeding $75,000,000, bearing interest, payable at such interest rate
or rates not exceeding the maximum rate permitted by law and
redeemable as shall be determined at or before the time of sale thereof,
maturing over a period of not to exceed ten years from the date of the
bonds, to finance acquisition and management of environmentally
sensitive lands for protection of water resources, wildlife habitat and
public open space and purposes directly incidental thereto.
The polls will be open at the voting places on the date of referendum
election at 7:00 a.m. to 7:00 p.m. on the same day, all as provided in
Resolution No. __ adopted by the Board of County Commissioners
of Collier, Florida on , which is a matter of public
record.
All qualified electors residing within the County of Collier shall be
entitled, qualified and permitted to vote at such election.
The County of Collier, Florida
James N. Coletta, Chairman
Board of County Commissioners
SECTION VIII. Oversight Committee.
In order to implement a program to select and prioritize acquisitions and finance
negotiations, acquisition, protection, restoration, access and management costs, the Board of
County Commissioners shall create a citizens oversight committee to conduct an ongoing review
of all acquisitions under consideration and to make recommendations to the Board. The citizens
oversight committee shall consist of nine members who shall be selected to provide ecological,
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real estate and land management expertise, as well as represent environmental, agricultural, and
business interests. The members of this committee should include representatives from different
areas of Collier County.
SECTION IX. Policies and Procedures.
The oversight committee shall recommend a willing participant land acquisition program
with policies, procedures, standards and criteria for the purchase and management of
environmentally sensitive lands for the protection of water resources, wildlife habitat, and public
open space in perpetuity. Perpetual management will be achieved through dedication of a
portion of tax receipts to a management trust fund that will be designed to provide sufficient
funds that may be invested, the earnings from which should be sufficient to provide for the
ongoing management for the lands acquired. Each acquisition must be designed to serve a public
purpose for the restoration, conservation or preservation of environmentally sensitive public
open space, wildlife habitat and water resource protection land, and for providing public use
opportunities. The program shall be designed to achieve maximum impact by partnering with
other entities through award or acceptance of grants, joint projects and other cooperative efforts.
Funds raised through the program shall also be used to apply for matching grants awarded under
the Florida Forever Program set forth in Chapter 99-247, Laws of Florida, and any amendments
thereto and any other appropriate state, district or federal funding program, to maximize the use
of public monies to benefit Collier County.
SECTION X. Acquisition Goals.
The goals of the program are to acquire, protect and manage environmentally sensitive
lands which contain rare, unique or endangered upland and wetland areas for the benefits of
public open space, biodiversity, listed species habitat protection, water resources for natural
systems and water supply, buffering or connection of existing conservation lands, restoration of
critical resources, and appropriate access to low impact, resource based outdoor recreation and
educational opportunities. All program lands will be adequately and appropriately managed to
achieve the stated goals of the program. Additionally, every effort will be made to partner with
other funding agencies to maximize the program's benefits to the citizens of the County.
SECTION XI. Acquisition Priorities
The priorities for land acquisition of the program are reflected in the criteria identified for
selection and ranking of specific acquisition projects. A property must exhibit at least two of the
initial screening criteria to be considered for acquisition under the program. These are as
follows:
INITIAL SCREENING CRITERIA:
1. Land with the most rare, unique or endangered habitats found in
Collier County, in order of preference: 1). Tropical hardwood hammocks, 2). Xeric oak
scrub, 3). Coastal strand, 4). Native beach, 5). Xeric pine, 6). Riverine oak, 7). High marsh
(saline), 8). Tidal freshwater marsh, 9). Other native habitats.
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2. Lands offering the best human social values, such as those that include equitable
geographic distribution, appropriate public access for passive recreational, educational and
compatible uses, and enhancement of the aesthetic setting of Collier County.
3. Land that protects the most water resource values, including aquifer
recharge, surface water quality, wetland dependant species habitat, and
flood control.
4. Land containing the most biological value, including biodiversity, listed
species habitat, connectivity, restoration potential, and ecological
quality.
5. Land that enhances and/or protects the environmental value of existing
conservation lands through function as a buffer, ecological link, or habitat
corridor.
6. Any qualified land that meets at least two of the above criteria, and has matching funds
available, and/or which program funds' availability would leverage a significantly higher
funding rank in another acquisition program. Without such funding circumstances, program
funds shall not be available for projects within other agencies' acquisition boundaries.
SECONDARY RANKING CRITERIA:
Those proposed acquisition parcels which are qualified under the Initial Screening
Criteria shall be evaluated and ranked by the County staff and the citizens oversight committee
based on site visit information (which confirms or refutes the screening criteria evaluation), and
based on comparative size (larger of similar parcels is preferable), vulnerability to destruction
(most threatened of qualified parcels is preferable), overall resource quality (to prefer highest
quality), and the estimated feasibility and costs of management (most manageable parcels are
preferable).
SECTION XII. Public Access
The program will acquire and manage environmentally sensitive lands with the primary
objectives of maintaining and preserving their natural resource values, and providing appropriate
resource based recreational and educational opportunities, by employing management techniques
that are most appropriate for each parcel acquired so that our natural heritage may be preserved
and appreciated by and for present and future generations. Examples of permitted uses, subject
to compatibility with specific parcels, include: hiking, nature photography, birdwatching,
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 XIII. Effective Date.
This Resolution shall go into effect immediately upon its passage and adoption.
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DONE AND ORDERED IN OPEN MEETING.
~ ~: ,~Z~.~ - ~- ~ < ' BO~ OF CO~TY COMMISSIONERS
~ ~: ' ' ' ~ } CO~TY OF COLLIE~FD3RI~A
st~t~,~l~. .... '
ApproVed as to Fo~ ~d Legal Sufficiency:
~.~cqulotine Hubbard Robinson
~lssistant County Attorney
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