Ordinance 2007-65
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NOV 2007 ~
\~. RECEIVED j ORDINANCE NO. 2007-~
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~~ AN ORDINANCE AMENDING ORDINANCE NO. 2002-63,
WHICH ESTABLISHED THE CONSERVATION COLLIER
PROGRAM, BY REVISING SECTION SIX: CREATION OF
THE CONSERVATION COLLIER ACQUISITION FUND;
SECTION EIGHT: LAND ACQUISITION ADVISORY
COMMITTEE; SECTION TEN: CRITERIA FOR
EVALUATING LANDS FOR ACQUISITION AND
MANAGEMENT; SECTION ELEVEN: ACQUISITION
LIST; 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; SECTION FOURTEEN:
MANAGEMENT PLANS AND USE OF
ENVIRONMENTALLY SENSITIVE LANDS; SECTION
FIFTEEN: RESPONSIBILITIES OF THE COUNTY
MANAGER; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
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WHEREAS, Collier County has studied vanous methods for the acquisition of
environmentally sensitive land for conservation, preservation and urban green space; and
WHEREAS, Collier County has Home Rule Powers established by the Florida State
Legislature pursuant to Florida Statutes, Chapter 125 and has the power to carry on government
to the extent not inconsistent with general law; and
WHEREAS, Collier County desires to provide a mechanism to equitably deal with the
implementation of the Community Character Plan, the Comprehensive Growth Management
Plan, which recommend acquisition of environmentally sensitive lands; and
WHEREAS, on Tuesday, November 5, 2002, the electorate of Collier County authorized
the County to levy a 025 mill ad valorem property tax for a period not to exceed 10 (ten) years,
for acquisition, protection, restoration, and management of environmentally sensitive lands in
Collier County for the benefit of present and future generations; and
WHEREAS, Collier County's significant natural resources, productive estuaries and
wetlands, remarkable biodiversity, and unique subtropical habitats harboring many species of
rare and endangered flora and fauna merit the most protection any county's citizens' could offer;
and
WHEREAS, it is the intent of the Board of County Commissioners of Collier County to
establish Conservation Collier to implement this mandate and to support its purposes to the
fullest, limiting all uses of, and all investment earnings on, such levies to such purposes; and
WHEREAS, the Collier County Board of County Commissioners recognizes the need for
the creation of an advisory board to advise the County and the public in the implementation of
the program and the selection of project sites for acquisition; and
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WHEREAS, the Collier County Board of County Commissioners, in recognition of the
fact lhat the proposed environmentally sensitive lands are to be purchased in whole or in part
through a special ad valorem assessment, hereby recognize the rights of our citizens to have
reasonable public access and for all our citizens to partake and enjoy various outdoor activities in
a reasonable and environmentally friendly manner on lands purchased with these funds; and
WHEREAS, the Board of County Commissioners will ensure that Conservation Collier is
a willing participant program and shall utilize only methods of voluntary acquisition;
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: Obiectives:
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 - Findinl!:s:
1_ The foregoing recitals are lrue and correcl 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:
L 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;
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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 ofthe 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. To 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;
II. 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, including, but not limited to, such programs as the State of Florida Conservation and
Recreation Lands program, the Land Acquisition Trust Fund, Florida Forever, and Save Our
Rivers program, where the purposes of such programs are consistent with the purposes of
Conservation Collier as stated hereinabove_
SECTION 5- Definitions:
The following words and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section;
L "Acquisition proposal" shall mean (a) parcel(s) of land which haslhave 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 50 I 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 environmenL
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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
include, but not be limited to, hiking, nature photography, bird-watching, kayaking, canoeing,
swimming, hunting and fishing.
SECTION 6 - Creation ofthe 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.
I. 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-five percent (85%)(75%) of all ad valorem revenues collected for
Conservation Collier.
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
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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.
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 resohHion of
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 seareR work, 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 proeedare5_
Administrative costs shall be limited to the greatest extent possible.
d_ To undertake and carry out studies and analyses of county conservation land
needs and ways of meeting those needs, limited to no more than $150,000_00
e. To acquire and dispose ofreal and personal property or any interest therein when
SlieR aeqllisition is 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. Acquisitions consistent with the Collier County Land Development Code land
eevelopment Fegalations and the Growth Management Plan.
g- 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_ 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,
including Municipalities, shall include, as part of the acquisition process, some mutual written
agreement regarding the responsibilities of the joint owners for maintenance.
L 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.
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J. 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 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_
L To engage the services of private consultants on a contract basis for rendering
professional and technical assistance and advice.
m_ To identify parcels ofland that would be appropriate acquisitions_
n. 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 Manal!:ement 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.
2. The Conservation Collier Management Trust Fund shall receive monies from the
following sources:
a. Ad-valorem taxes collected for Conservation Collier in an amount not to exceed
15% of the total collected in anyone 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_
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_
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SECTION 8 - Land Acquisition Advisorv Committee:
I. 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-
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. Membership of the Land
Acquisition Advisory Committee shall comprise broad and balanced representation of the
interests of Collier County citizens, including:
a. Environmental 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 Countv 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 (I) 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_
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 (I) 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_ 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
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.
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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 its business is concluded. All remaining Conservation Collier Acquisition Trust Fund
monies shall then be transferred to the Conservation Collier Management Trust Fund_
7. Review of the Land Acquisition Advisory Committee: The Land Acquisition Advisory
Committee shall be reviewed by the Board of County Commissioners every four years in
accordance with the provisions of Section Nine of Collier County Ordinance No_ 2001-55, as
amended.
SECTION 9 - Property EIil!:ible for Acquisition and Manal!:ement:
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.
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 Evaluatinl!: Lands for Acquisition and Manal!:ement:
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:
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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.
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. WitRollt SlieR fooeing
eirellffistanees, Conservation Collier Rmes shall not be available for Jlrejeets within the
jllriseietion of anether ageney's aeElllisition bellRearies_
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 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.
l!- All designated Urban lands on the Future Land Use Map of the Collier County
Growth Management Plan with predominantly native vegetative cover-
Q_ 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_
f, 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.
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d. The Flow-way and Habitat Stewardship Areas as depicted on the Future Land Use
Map of the Collier County Growth Management Plan.
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:
J. 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 Feeeivee positiye responses
had applications submitted bv Hem property owners_ The Active Acquisition List shall separate
proposals into three (3) categories. A (pursue acquisition), B (hold for re-ranking in the next
cvcle). and C (no interest in acquiring), The A-categorv parcels/proiects shall be further
categorized as 1 (high prioritv), 2 (medium priority) and 3 (low prioritv), in order to give Countv
staff direction as to prioritv 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 on this list, pending recommendation appre'/al by
the Land Acquisition Advisory Committee and approval bv the Board of County Commissioners_
3_ Once approved by the Board of County Commissioners, the County shall actively pursue
acquisition of A-categorv projects on the Active Acquisition LisL 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:
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1_ Nominations for the Conservation Collier Program mav be made bv any person or
organization, including Collier Countv. regional. State or Federal agencies. bv contacting
program staff in writing and providing positive identification of the parcel/proiect 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 mav nominate his or her own propertv bv submitting an application_
3. Countv staff will send letters of interest to propertv owners within Target Protection
Areas as directed bv the Land Acquisition Advisorv Committee asking if the owner wishes to
submit an application for consideration to the Conservation Collier Program_
4_ An application submitted bv the propertv owner to the Countv Manager or his designee
shall be evidence of a willing seller.
5. While p
I. Speeifie site eonsieeration ',viII Be given to all ineivieual propeFties whieRlie within the
Target Proteetion .^.rea5 List ane whieR have generatee a positive interest Fesponse to a letter of
aeqllisition inqlliry seRt BY the Coanty or eoanty eesignatee eontaet.
2. 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
cvcle. which time frame shall be publiclv announced_ BY any pemon or organization, inelllding
Collier COllfity, regional, State or Feeeral ageneies_
3 _ -'.11 nominations shall Be !Baee BY filing an applieation ',vitll the COllHly Manager or his
eesignee, wRieR ""ill tRen Be fur'l\'areee to eesignatee staff ane tile Lane .'\eqaisition .\e'/isory
Committee for Fovie....._
4. 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. The first
such meeting will take place at the end of the first year of implementation of Conservation
Collier-
~. 7_ If the applieant Ras Ell! ownersRip interest in any Feal propeFty eO"/eree by an
applieation for prep osee acqai5ition, SlieR Owner interest shall be disclosed in applications in the
same manner as required of zoning applicants by the Collier County Land Development Code_
TRis shall not apply to govemmeRtal apfllieants_
8_ If tRe applieant eoes not haw an ownership interest in tile real property eoveFoe BY an
applieation or if tile applieant is a governmental ageney, tRe name ane aeeress of the owner as
listed in tae PropeRY .^.ppraiser's Feeores sRall Be preyieee ":lith the applieation_
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
usmg 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 Advisorv Committee for a vote for
a complete evaluation.
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I. Up en appFe'lal of the refereRdHlR ane sliBsetjllently '.vith each \!fleate of the Target
Proteetien .'\Teas list, eollB!y staff 'Nill seRd letters of inqlliry te all prepelty owners withiH these
Target Proteetien .'\Teas_ Positive respeRses will Be forwarded to eesignated staff for preliminary
reyiew, lIsiHg the initial sereening eriteria_
2_ After the first ar.naal pHslie solieitation ef nominatiens, laneewner ane pHbliely
nominatee projeets will Be fOl'\vafeee first to eOllnty staff for the mailing of inqlliry letters.
DesigHatee staff lIsing the initial sereening eriteria will review all positive responses.
;;"2_ Acquisition proposals which do not satisfy the initial screening criteria or which satisfv
initial screening criteria but for other reasons Nominatee properties that de mav not fulfill the
purposes of Conservation Collier or eo not satisfy the initial eriteFia 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.
4oL-Proposals which satisfy the initial screening will be further evaluated for presentation are
fOI"Nafeee to the Land Acquisition Advisory Committee ane staff for seeoneary 6riteria review
and ranking_ Staff shall Evaluation shall include a site visit. which staff shall coordinate with the
propertv owner. and which mav include one Advisorv Committee member. review of
information about the parcel(s) available in the Countv's electronic databases and research into
anv other records retained bv the Countv about the parcel(s). Using both observed and gathered
data. staff shall prepare an Initial Criteria Screening Report (ICSR) which will include send
aloflg with easR proposal: 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. This aeElaisition proposal information shall be tile Initial Criteria
S ereeniHg Report.
~. Upon completion of the InitialCfitefiaSereeningRefl9!t ISCR, the Land Acquisition
Advisory Committee shall hold a public hearing to eonsieer tRe reeommeneations for
presentation of information contained in the ICSR regarding each site, the applicants' and/or
landowners' comments, and comments from the 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 cvcle have been presented. t+he Land
Acquisition Advisory Committee shall evaluate all qualified proposals using tRe seeofleary
ranlciflg criteria, as documented in the ICSR IHitial Criteria SeFeening Repert_ along with, anti
public comments, and their own experience and iudgments, and then rank the parcels according
to the A. B and C ranking categories to create a recommended propose top ranked proposals for
the Active Acquisition List at this a public hearing. Sabseqllent Additional meetings may be
called to complete this task.
&, COllHty staff shall sooreinate iflitial site 'lisits with Lane f.eqllisitiOfl .\evi5of)'
Committee ane inteFestee laneewners of top rankee proposals that are prop osee for the .\stive
.^,eqllisitien List Staff sRall 'write Site Visit Reperts regareing all initial site visits_
12
Underline added; stril[Olhrouglls deleled.
+. Upon esmpletisn sf the staffs initial site '/isit reports, the LaRa f\e'l\iisitieR :.dvisery
Committee shall esnvene a poolie Rearing to Feesmmene aeditions to, ane appro'/e tRe f.etive
f.eqliisitisR List for soomittal to the Boare of COllAty COllliBissioners_ Cooreination '",ill be
maee with any potential mateaing times entities, as neeessW')'_
& 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 mav be added but anv additional properties
must be subjected to the entire evaluation process_
7. Countv Staff shall notifv propertv owners and the public of the final approved Active
Acquisition List. ane any aaeitions that may be aeeee to it. f.eeitions may Be aeeee Blit aRY
aeeitional preperties mHst Be sllsjeetee to the eAtire e'/alllation proeess.
8. After approval of the Active Acquisition List, Real Estate Services staff will arrange for
appraisals for A-categorv parcels/projects and when appraisals are received make an offer to the
owner(s) pursuant to the approved Conservation Collier Land Acquisition Purchase Policv
(Resolution No_ 2003-195. or as superseded)_ Parcels located within the Rural Fringe Mixed Use
District "Sending" lands are subiect to additional requirements regarding Transfer of
Development Rights (TDR) credits. as specified in the Conservation Collier Land Acquisition
Purchase Policv. Resolution 2003-195. or as superseded. tRe Boare of Coanty Commissionem
will eireet 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. bv majoritv vote. whether to recommend approval of
the contract to the Board of Countv Commissioners_ Along with the contract. staff will provide
willto pFepare a Project Design Report for each parcel/project, including cost. appraisals, title
researeR, history ,and purpose of project, and program qualifications_
9_ After obtaining a recommendation from the Land Acquisition Advisorv Committee. the
contract. Proiect Design Report and Land Acquisition Advisorv Committee recommendation will
be presented to the Board of Countv Commissioners at a public hearing for their review and
approval.
9_ Upon eompletioR sf tRe Projeet DesigR Reports, the Lane f,eijllisition f.e'/issFY
Committee sRallhole a seeolle Pllblie meetillg to eeeide, BY majerity vote, whieR projeets are
reeoFBHlefleee to proeeee to negotiatisns.
10_ The Board of County Commissioners shall have final approval authoritv for aftef
approval of the .'\etive f.eq\lisitioR List ana !he LaRe f.eqlli5ition Committee's reeommelleatiofls
for negotiations, will inGtraet COWlty staff to flegotiate for pllfeaase f-or eaehlistee projeet, witR
optional use of a !hire party neR prefit organizatien aegotiator, as arnRerizee by tRe Boare of
CollHt)' COFBHlissiollers.
II. Upon slleeessful eompletioR sf negotiations, COllflly staff will present to tae Lane
f.eqllisition f.evisory Committee the preposee eontraet terms for tRe eemmittee's reyiew ane
FeeommenaatioRS. COllHty staff will forward tRe reeolllilleReations of the Land :'.eE[lIisition
.^,eyisory COHllllittee ts the Boare of COllRtj' Commissioners for esntraets reeommelleee for
appro'/al ane for eeAtraets tRat sasllle Ret prseeee as Regstiated.
13
Underline added: Slrikothro~gllG deleted.
12. The Hoare of CollB!y Comrnissisnem shall approve the contract terms for each proposed
project and shall authorize any and all purchases_
II. Once a contract has been approved and executed bv the Board of Countv Commissioners
in accordance with Countv policies. Real Estate Services staff shall proceed to close on the
purchase of pro pert V in accordance with Countv policies_
SECTION 14 - Manal!:ement plans and use of environmentallv sensitive lands:
I. No later than ~Sil(ty [eo] ninetv r901 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 planes) 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 proj ect
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.
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
proiects that have been previouslv recommended bv the Conservation Collier Land Acquisition
Advisorv Committee and approved bv the Board of Countv Commissioners in accordance with
14
Underline added: 'trikelh:eughs deleled.
the goals and purposes of the Program In case of these land exchanges. development rights are
restored to those properties exchanged out of Countv 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 Manal!:er:
The County Manager shall facilitate such activities, designate such staff, and assign such
responsibilities as are necessary to fulfill the purposes of this Ordinance. eR!lflteL TRe manager
sRall, at a minimlllB, eo Re f-ellowing:
L Designate sMIto evaluate ae(}uisition propesals in aeeoraanee witR tRe appfOvee
eriteria ane prepare ane iffijllement prejeet management plans_
2_ Make reeommeneations to the Lane f.efjllisition Aevisory Committee en
aeqllisitien proposak
3. Designate a negotiation resellfee eommittee to eevelop negotiatioR strategies for
appfOvee ae(}lIisitien prejeets, to monitor negotiations, ana to assist in eeeFeinating all aetivities
relating te negotiations, pllfehase agFeements ane elosings, as neeeee_ The Negetiation Res€llIfee
Committee shall inelllee at least one (I) representative from the Real Preflerty Department, tRe
Enyironmental Serviees Deflar.ment, the Department €If Faeilities Management, tRe Parks and
ReeFeation Deflar.ment, ane tRe CellBty ,^.ttorney.
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.
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 ofthe 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 Severabilitv:
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 take effect only upon the passage of the November 5, 2002
referendum levying up to 0.25 mills of ad valorem taxes for a period of ten (10) years to fund the
15
Underline added: strilcel!l:ollglls deleled.
acquisition of environmentally sensitive lands and its being filed with the Florida Department of
State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this l0.!:!1'day of Uh621, 2007_
Attest:
DWIGHT K BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
. "
'<
By~m
JAMES _ COLETTA, Chairman
<'
BY~~~ r;:..
~-,,":,. - .'
't~
Approved as to Form and Legal Sufficiency:
ssistant County Attorney
16
Underline added; strikolhrellglls deleted_
This ordinance fil€d with lhe
Secretary of St~te's Office the
~ day of Wobev , 2-001
and acknowledgement of that
filing received this ~ day
OfN."~"J.
By ~~j
_"",c
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E_ BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-65
Which was adopted by the Board of County Commissioners
on the 23rd day of October, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 25th
day of October, 2007.
DWIGHT E _ BROCK .." . .
Clerk of CourtE\.,);\'tla::Gf~
Ex-officio to Boa~.Q.,.of .'
County CommiS:!l-iobers' -. ,~
-
'.
~ . ,>
By: Martha
Deputy