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Agenda 01/28/2020 Item #11A (Referendum Election on November 3, 2020 to reestablish the levy of an ad valorem tax)01/28/2020 EXECUTIVE SUMMARY Recommendation to adopt a Resolution calling for a Referendum Election on November 3, 2020, to determine whether the voters approve reestablishment of a levy of an ad valorem tax not exceeding .25 for ten (10) years to continue to fund the Conservation Collier Program’s acquisition and management of environmentally sensitive lands. OBJECTIVE: For the Board of County Commissioners to approve language for a referendum question on the November 2020 general election ballot reestablishing a levy to fund the Conservation Collier Program’s acquisition and management of environmentally sensitive lands. CONSIDERATIONS: On February 26, 2019 (Agenda Item #9C), during review of the Conservation Collier Implementation Ordinance (Ordinance), the Board directed the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) to develop ballot language for the 2020 election. The ballot language will ask voters to approve an ad valorem tax to reestablish further funding for the Conservation Collier Program’s acquisition, providing access when applicable, and management of environmentally sensitive lands. On April 8, 2019, during its quarterly meeting, the CCLAAC created the Referendum Language Task Force subcommittee to draft ballot language. The subcommittee met four (4) times between April and August. The subcommittee meetings included stakeholder participation. The CCLAAC reviewed the language during its meetings in September and October. On January 13, 2020, the CCLAAC conducted its final review of the ballot language and approved the recommended final version which is attached. Section 6.1.e. of the Ordinance provides that up to seventy-five percent (75%) of all revenues collected for Conservation Collier may be used for acquisition. Section 7.2.a. of the Ordinance provides that management funds shall be no less than twenty-five percent (25%) of revenues collected in one year. If the referendum were to pass, the CCLAAC has proposed that up to ten percent (10%) of the acquisition funding be available for use for amenities on an annual basis to improve access to existing and future Conservation Collier preserves. Amenities may include boardwalks, facilities, parking lots, and interpretive staff. This would be evaluated on an annual basis during the Board’s review of the annual budget. This would result in an allocation of a minimum of sixty-five percent (65%) for acquisition, twenty-five percent (25%) for maintenance and a maximum of ten percent (10%) for access improvements. Two (2) resolutions calling for approval of the ad valorem assessment are back-up to this Item. The first resolution (OPTION #1) does not include the option to bond, whereas the second resolution (OPTION #2) includes the option to bond. If the Board chooses Option #2, a cap on the total dollar amount of bond will need to be specified. The ballot language with the option to bond was provided by Bond Counsel on January 21, 2020 and has not been vetted by CCLAAC. The CCLAAC unanimously recommended that the Board adopt the first resolution, with the condition that two (2) resolutions be presented in the event bonding was desired by the Board. The Ballot Language is due to the Supervisor of Elections on June 26, 2020, to be placed on the November 3, 2020, General Election ballot. History of the Conservation Collier 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 11.A Packet Pg. 993 01/28/2020 to $75 million. Between 2003 and 2012, the property tax was collected. An ordinance was developed 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 (3) projects totaling 200 acres were purchased for $1,598,500 (Green & Green, Gore, and 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. FISCAL IMPACT: The Fiscal impact related to the referendum is limited to staff time, advertising, and translation expenses. 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. The first year of a reestablished Conservation Collier Program tax levy is expected to be FY 22 generating tax revenue between $23.9 and $24.9 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. Consistent with Board direction, when the reestablished tax collection phase is implemented all Conservation Collier management reserve monies utilized for acquisition-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. 11.A Packet Pg. 994 01/28/2020 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 twelve (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, o r 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. CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE (CCLAAC) RECOMMENDATION: During their January 13, 2020 meeting, CCLAAC voted unanimously to recommended Option #1 of the ballot language, which does not include the bonding STAFF RECOMMENDATION: To adopt the attached Resolution for Option #1 (without bonding) calling for a Referendum Election on November 3, 2020, to determine whether the voters approve reestablishment of a levy of an ad valorem tax not exceeding .25 mil for ten (10) years to continu e to fund the Conservation Collier Program’s acquisition and management of environmentally sensitive lands. Prepared By: Summer Araque, Principal Environmental Specialist, Conservation Collier Program Coordinator, Parks and Recreation Division ATTACHMENT(S) 1. DraftBallotLanguage versions 1-21-2020 for BCC (DOCX) 2. Resolution 2020 Referendum without Bond Language CAO Stamped (PDF) 3. Ballot Language BCC 1-28-2020 rev 1-22-20 PowerPoint (PPTX) 4. Resolution with Bond Language CAO Stamped (PDF) 11.A Packet Pg. 995 01/28/2020 COLLIER COUNTY Board of County Commissioners Item Number: 11.A Doc ID: 11246 Item Summary: Recommendation to adopt a Resolution calling for a Referendum Election on November 3, 2020, to determine whether the voters approve reestablishment of a levy of an ad valorem tax not exceeding .25 for ten (10) years to continue to fund the Conservation Collier Program’s acquisition and management of environmentally sensitive lands. (Summer Araque, Conservation Collier Program Coordinator) Meeting Date: 01/28/2020 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 01/03/2020 3:34 PM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 01/03/2020 3:34 PM Approved By: Review: Parks & Recreation Barry Williams Additional Reviewer Completed 01/06/2020 1:52 PM Parks & Recreation Ilonka Washburn Additional Reviewer Completed 01/07/2020 10:39 AM Operations & Veteran Services Kimberley Grant Level 1 Reviewer Completed 01/07/2020 5:18 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 01/08/2020 10:51 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 01/14/2020 2:38 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 01/21/2020 4:47 PM Grants Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/22/2020 7:52 AM Budget and Management Office Ed Finn Additional Reviewer Completed 01/22/2020 12:11 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/22/2020 1:41 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/22/2020 2:57 PM Board of County Commissioners MaryJo Brock Meeting Pending 01/28/2020 9:00 AM 11.A Packet Pg. 996 FOR BCC REVIEW JANUARY 28, 2020 CONSERVATION COLLIER BALLOT LANGUAGE PROPOSED OPTIONS FOR NOVEMBER 2020 BALLOT OPTION 1 was approved by CCLAAC during the January 13, 2020 meeting. OPTION 2 was provided by outside Bond Counsel on January 21, 2020. OPTION 1 REESTABLISH FUNDING FOR CONSERVATION COLLIER TO PROTECT WATER QUALITY, WATER RESOURCES, AND WILDLIFE HABITAT TITLE WORD COUNT: 14/15 WORDS ALLOWED SHALL COLLIER COUNTY REESTABLISH THE LEVY OF A .25 MIL AD VALOREM TAX FOR 10 YEARS FOR THE PURPOSE OF CONTINUING TO ACQUIRE, PRESERVE AND MANAGE ENVIRONMENTALLY SENSITIVE LANDS, AND PROVIDE COMPATIBLE PUBLIC ACCESS WHEREEVER APPLICABLE TO SUCH LANDS, FOR THE PROTECTION OF WATER QUALITY, WATER RESOURCES, WILDLIFE HABITAT, AND PUBLIC OPEN SPACE IN PERPETUITY? INSTRUCTIONS TO VOTERS: _____YES _____NO WORD COUNT: 55 WORDS/75 WORDS ALLOWED OPTION 2 (this version includes the option to Bond) APPROVAL OF LIMITED GENERAL OBLIGATION BONDS TO FINANCE ACQUISITION OF ENVIRONMENTALLY SENSITIVE LANDS. TITLE WORD COUNT: 13/15 WORDS ALLOWED SHALL GENERAL OBLIGATION BONDS BE ISSUED IN ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $___________, WITH A MATURITY NOT LONGER THAN 10 YEARS FROM EACH ISSUANCE DATE AND AN INTEREST RATE LESS THAN THE MAXIMUM LEGAL RATE, TO FINANCE THE ACQUISITION, MANAGEMENT AND PRESERVATION OF ENVIRONMENTALLY SENSITIVE LAND, PAYABLE FROM AD VALOREM PROPERTY TAXES LEVIED AT A RATE NOT EXCEEDING .25 MILS ON ALL TAXABLE PROPERTY WITHIN THE COUNTY? INSTRUCTIONS TO VOTERS: _____YES - FOR BONDS _____NO - AGAINST BONDS WORD COUNT: 75 WORDS/75 WORDS ALLOWED 11.A.1 Packet Pg. 997 Attachment: DraftBallotLanguage versions 1-21-2020 for BCC (11246 : Conservation Collier Ballot Language Options) 11.A.2Packet Pg. 998Attachment: Resolution 2020 Referendum without Bond Language CAO Stamped (11246 : Conservation Collier Ballot Language Options) 11.A.2Packet Pg. 999Attachment: Resolution 2020 Referendum without Bond Language CAO Stamped (11246 : Conservation Collier Ballot Language Options) 11.A.2Packet Pg. 1000Attachment: Resolution 2020 Referendum without Bond Language CAO Stamped (11246 : Conservation Collier Ballot Language Options) 11.A.2Packet Pg. 1001Attachment: Resolution 2020 Referendum without Bond Language CAO Stamped (11246 : Conservation Collier Ballot Language Options) 11.A.2Packet Pg. 1002Attachment: Resolution 2020 Referendum without Bond Language CAO Stamped (11246 : Conservation Collier Ballot Language Options) Conservation Collier Ballot Language January 28, 2020 BCC Meeting 1 11.A.3 Packet Pg. 1003 Attachment: Ballot Language BCC 1-28-2020 rev 1-22-20 PowerPoint (11246 : Conservation Collier Ballot Current Status 2 Since inception in 2003: 4,303 acres acquired 20 preserves $106,020,502 Acquisition Cost ($24,641 per acre) 11.A.3 Packet Pg. 1004 Attachment: Ballot Language BCC 1-28-2020 rev 1-22-20 PowerPoint (11246 : Conservation Collier Ballot BALLOT LANGUAGE TO BE REVIEWED BY BCC 3 11.A.3 Packet Pg. 1005 Attachment: Ballot Language BCC 1-28-2020 rev 1-22-20 PowerPoint (11246 : Conservation Collier Ballot Acquisition Costs to date 4 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.A.3 Packet Pg. 1006 Attachment: Ballot Language BCC 1-28-2020 rev 1-22-20 PowerPoint (11246 : Conservation Collier Ballot Po tential Acquisitions The Future Acquisition Strategies document indicates the following potential acquisition lands: Table 2. Potential Acquisition Acreage within Collier County Future Land Use Map Designation Area Acreage Number of parcels Urban [Residential Subdistrict]*8,635 2,286 Estates 25,665 11,094 Rural Fringe Mixed Use District 12,540 1,575 Agricultural/Rural 6,282 19 Conservation 6,401 125 Rural Lands Stewardship Area* 2,709 identified on map +36,719 18 identified on map Total 98,951 15,099 * The acreage for the RLSA were obtained from the RLSA White Paper, May 21, 2019. There are currently 39,428 out of 89,288 acres of HSA, FSA, and WRA not protected through an SSA designation. 5 11.A.3 Packet Pg. 1007 Attachment: Ballot Language BCC 1-28-2020 rev 1-22-20 PowerPoint (11246 : Conservation Collier Ballot Po tential Acquisition Lands 6 11.A.3 Packet Pg. 1008 Attachment: Ballot Language BCC 1-28-2020 rev 1-22-20 PowerPoint (11246 : Conservation Collier Ballot Cycle 9 Acquisition List 7 11.A.3 Packet Pg. 1009 Attachment: Ballot Language BCC 1-28-2020 rev 1-22-20 PowerPoint (11246 : Conservation Collier Ballot Estimated taxes generated at various millage rates 8 11.A.3 Packet Pg. 1010 Attachment: Ballot Language BCC 1-28-2020 rev 1-22-20 PowerPoint (11246 : Conservation Collier Ballot QUESTIONS? 9 11.A.3 Packet Pg. 1011 Attachment: Ballot Language BCC 1-28-2020 rev 1-22-20 PowerPoint (11246 : Conservation Collier Ballot What is Conservation Collier? uCounty program that oversees acquisition and management of sensitive environmental lands throughout Collier County uWilling seller program-citizen and owner nomination uCollier County tax payers own 4,300 acres across 20 preserves throughout Collier County. 10 11.A.3 Packet Pg. 1012 Attachment: Ballot Language BCC 1-28-2020 rev 1-22-20 PowerPoint (11246 : Conservation Collier Ballot 11.A.4Packet Pg. 1013Attachment: Resolution with Bond Language CAO Stamped (11246 : Conservation Collier Ballot Language Options) 11.A.4Packet Pg. 1014Attachment: Resolution with Bond Language CAO Stamped (11246 : Conservation Collier Ballot Language Options) 11.A.4Packet Pg. 1015Attachment: Resolution with Bond Language CAO Stamped (11246 : Conservation Collier Ballot Language Options) 11.A.4Packet Pg. 1016Attachment: Resolution with Bond Language CAO Stamped (11246 : Conservation Collier Ballot Language Options) 11.A.4Packet Pg. 1017Attachment: Resolution with Bond Language CAO Stamped (11246 : Conservation Collier Ballot Language Options)