Agenda 12/10/2019 Item #11B (Ballot Initiative Restablishing the Conservation Collier Program)12/10/2019
EXECUTIVE SUMMARY
Recommendation to determine whether to move forward with a ballot initiative to re-establish the
Conservation Collier Land Acquisition Program.
OBJECTIVE: To obtain Board direction on whether to re-establish the Conservation Collier land
acquisition plan.
CONSIDERATIONS: During the November 12, 2019 Board meeting after review of the Conservation
Collier Future Acquisition Strategies document (Agenda Item #11A), the Board requested staff to bring
an item to the December 10, 2019 meeting that would ask the Board whether they want to reestablish the
Conservation Collier Land Acquisition Program.
Conservation Collier was created in 2003, after a November 2002 voter referendum in which voters
approved creating a taxpayer-funded conservation land acquisition program. To pay for the program,
taxpayers agreed to a property tax increase of up to .25 mills for up to ten (10) years and bonding for up
to $75 million. Between 2003 and 2012, the property tax was collected. An ordinance was develope d and
approved by the Collier County Board of County Commissioners in December 2002. By March 2003, a
nine-member citizens’ advisory panel (the Conservation Collier Land Acquisition Advisory Committee or
"CCLAAC") representing a variety of professional, technical and community backgrounds was
appointed. The Program began operations in March 2003.
The goals of Conservation Collier are to acquire, protect, restore, and manage environmentally sensitive
lands in Collier County for the benefit of present and future generations. To date, the Program has spent
approximately $106,020,000 to acquire twenty (20) preserves totaling 4,303 acres. The initial acquisition
phase was closed in 2011 and available funds were appropriated in a maintenance trust fund as the
program moved into a preserve management phase, including opening the preserves for public access and
managing and hosting visitors.
The Program remained in a management phase until 2017, when the Board authorized the use of
management funds for the acquisition of more land. In 2018 and 2019, three projects totaling 200 acres
were purchased for $1,598,500 (Green & Green, Gore, Berman). Last month, the Board authorized
proceeding with another purchase, a 37-acre parcel held by SD Corporation/Cypress Landings II in the
amount of $1,580,000.
The purpose of this agenda item is to obtain Board direction as to whether to move forward with re -
establishing the Conservation Collier land acquisition program. In the event that the Board approves this
recommendation, staff, in coordination with the CCLAAC will bring back a subsequent agenda item to
have the Board review language for a possible ballot referendum in the November, 2020 general election.
FISCAL IMPACT: To date, the Fiscal impact for developing ballot language has consisted of staff time
and supplies. The original Conservation Collier 10-year tax collection cycle levied a tax of 0.25 mills that
resulted in collections of $152,486,500. If a new 10-year tax collection phase is implemented at 0.25 mills
it is likely to generate between $250 and $300 million. An ad valorem millage of 0.25 mills is $0.25 per
1,000 of taxable value. The individual impact of the tax depends on each property’s taxable value. The
following table illustrates the annual property tax impact of 0.25 mills at various taxable value levels.
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Consistent with Board direction, when the new tax collection phase is implemented all Conservation
Collier management reserve monies utilized for acquisition and related expenses will be restored from
first year tax proceeds.
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: This item has been reviewed by the County Attorney.
A referendum is legally required if, and only if, the Board wishes the option to use bonds or other debt
instruments to finance over 12 months Conservation Collier acquisitions, backed by the Conservation
Collier millage tax as the funding source to repay the debt. If the referendum passes and bonds are
issued, any purchases using bond funds must fall within the four corners of the ballot language.
If the Board does not wish the option of using bonds to fund future acquisitions, or never issues bonds
authorized by the referendum, then the balloting is considered a non-binding straw ballot, falling within
the powers enumerated by Florida Statute Sec. 125.01(1)(y), which authorizes the Board to:
“Place questions or propositions on the ballot at any primary election, general election, or
otherwise called special election, when agreed to by a majority vote of the total
membership of the legislative and governing body, so as to obtain an expression of
elector sentiment with respect to matters of substantial concern within the county...”
If bonding language is not included in the ballot, or the Board includes bonding language but never issues
indebtedness, then the result of the referendum is non-binding on the Board, with the funding to be
budgeted for Conservation Collier set by the Board each fiscal year, along with the millage rate. The
proceeds of any millage rate set by the Board, and budgeted to Conservation Collier during the budget
process, could be reallocated to other uses through a simple budget amendment. Funding only becomes
mandatory if bonds are issued, and then only as to those funds pledged to pay off the bonds.
With this said, this item is approved as to form and legality, and requires majority vote for Board action.
- JAK
STAFF RECOMMENDATION: For the Board to determine whether to move forward with a ballot
initiative to re-establish the Conservation Collier Land Acquisition Program.
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Prepared By: Summer Araque, Principal Environmental Specialist, Conservation Collier Program
Coordinator, Parks and Recreation Division
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.B
Doc ID: 10889
Item Summary: Recommendation to determine whether to move forward with a ballot initiative
to re-establish the Conservation Collier Land Acquisition Program. (Summer Araque, Conservation
Collier Program Coordinator)
Meeting Date: 12/10/2019
Prepared by:
Title: Operations Analyst – Parks & Recreation
Name: Matthew Catoe
11/14/2019 3:25 PM
Submitted by:
Title: Division Director - Parks & Recreation – Parks & Recreation
Name: Barry Williams
11/14/2019 3:25 PM
Approved By:
Review:
Parks & Recreation Ilonka Washburn Additional Reviewer Completed 11/14/2019 3:33 PM
Parks & Recreation Barry Williams Additional Reviewer Completed 11/14/2019 3:44 PM
Public Services Department Kimberley Grant Level 1 Reviewer Completed 11/18/2019 5:35 PM
Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 11/20/2019 8:57 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 11/20/2019 11:29 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 11/20/2019 12:43 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/20/2019 2:27 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/20/2019 3:05 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 11/21/2019 11:54 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/24/2019 9:46 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/10/2019 9:00 AM
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