County commissioners tweak Conservation Collier, millions in acquisitions on the horizon

County commissioners have solidified changes to the popular Conservation Collier program.

On Tuesday, they tweaked the ordinance governing the land-buying program, with three separate unanimous votes.

Big changes include allowing the county to sell Conservation Collier land, but only if proceeds are returned to the program, and to set the tax rate for the program every year, up to the amount approved by voters.

Commissioners accepted a few, but not all of the last-minute changes suggested by Brad Cornell, the policy director for Audubon Florida and Audubon of the Western Everglades.

His suggestions, in part, were designed to tighten up on the county's ability to divert the program's money to other uses, and to clearly specify that any diverted funds must be replaced "promptly" to assure program obligations are met, including land management.

Collier Commissioner Burt Saunders was ready and eager to support all of Cornell's recommendations, without discussion.

However, some of the wording Cornell proposed stirred concerns among other commissioners, including his suggestion that funds only be withdrawn from the program's funds for other purposes based on an official declaration of an emergency by local, state or federal officials.

A majority of commissioners didn't like the reference to state or federal officials, saying outside decisions shouldn't have bearing on the local program. In fact, Commissioner Rick LoCastro said it made him cringe.

"We want local control," he said. "Local decisions."

Commissioner Dan Kowal agreed. Looking back to a few years ago when the governor declared a state of emergency in Florida due to the spread of COVID, he argued a decision like that shouldn't give the county a right to "pillage" Conservation Collier funds.

"This is more of a local program, and I think it should be controlled locally by your county commissioners," he said.

Most commissioners didn't like the idea of requiring a local emergency declaration to withdraw unused money from the conservation program's accounts, either. So, even that suggestion didn't make the cut in the revised ordinance.

Commission chairman Chris Hall argued adding such language wasn't necessary, and that the verbiage should be left looser, as previously discussed by the board, to allow a transfer of money in the "event of an emergency," determined by a simple majority of county commissioners.

In agreement, Commissioner Bill McDaniel said he didn't see a need for requiring any sort of emergency declaration and wouldn't be happy about it.

The refusal to add the language came as a disappointment to Cornell.

"We certainly hope there won’t be any emergencies, but we were disappointed the board did not clarify that only official declarations of a state of emergency defines 'emergency,'" he said, following the vote not to add the requirement.

Commissioners stuck with the more flexible wording to pay any borrowed money back "as soon as practicable," which Cornell hoped to change.

The changes Cornell suggested that commissioners accepted included requiring a "permanent" conservation easement, when an easement is used as a way to acquire property through the program. Commissioners felt adding permanent would be helpful, even if redundant.

"We are talking about one word here," LoCastro said. "And I think it gives clarity."

Aquisition through easement is new to the program, as part of the revisions.

Commissioners discussed adjustments to the Conservation Collier ordinance a few weeks ago, giving direction to county staff on the wording they'd like to see in an effort to improve and bring more transparency to the willing seller program.

More:Conservation Collier won't be gutted, but board considers changes to popular program

In October, commissioners voted that they could use $53 million of the program's funds to fill other gaps in the county's budget this year, after they'd cut property taxes. Chairman Hall and others have described it as a one-time decision, as they look for ways to cut back on government spending, generally.

Commissioners have yet to pay the diverted money back, though they hope to with their effort to adopt a priority-based budget next year.

The priority-based budgeting approach is designed to better align resources and funding with community priorities and outcomes, shifting the focus to accountability for program results.

In case you missed it:Telling voters no: Commissioners formalize 'right' to divert Conservation Collier money

More:Collier board votes to roll back property rates, and cut money for Conservation Collier

Last year, the board voted 4-1 in favor of diverting the conservation funds, with Burt Saunders casting the lone no vote, saying he found nothing "appealing" about the idea at the time.

"I was the commissioner who said this was a one-time thing," Hall reminded before voting on the revisions to the program's ordinance. "We live in a time that your word doesn't mean very much, but it solidifies me."

The money for Conservation Collier comes from a self-imposed tax. Voters have agreed to tax themselves three times to support the program.

Taking a closer look at the program, after diverting the funds, led to positive changes, shining a light on what wasn't working with it, LoCastro and other commissioners have emphasized.

Critics have accused the board of trying to gut the program.

However, LoCastro said he's still flabbergasted that supporters weren't raising more of a fuss when the money was accumulating and "collecting dust," and purchases were lagging.

"So, we don't want to be guilty of that anymore," he said.

Internally, the county has already made strides in speeding up the land acquisition process, and some of the approved changes to the ordinance are meant to build upon those improvements and add flexibility.

Revisions to the ordinance include allowing the county commission to set the millage, or tax rate, for the program each year, as well as the percentage of revenues going into each of the two funds, one for acquisitions and the other for maintenance.

The tax rate would not exceed 0.25 mills, the amount approved by voters. One mill equates to $1 for every $1,000 worth of a property's assessed, or taxable, value (after adjustments, such as the homestead exemption).

Other changes to the ordinance will allow Conservation Collier land to be sold, as long as revenues return to the program, but it's not expected to happen often.

"We are concerned about that and had recommended inclusion of a sale criterion of 'lands no longer meeting the purposes of the Conservation Collier program,' or similar. The board rejected that," Cornell said.

He believes a sale would be a "rare exception," done only when the property is needed for roads or utilities, or other public purposes. 

"However, we will be monitoring that provision," Cornell said. "The board has said on the record they support the Conservation Collier program and its goals, so wantonly selling off preserves, even to fund management or buying of other preserves conflicts with that publicly stated board support. Such a conflict would be clearly observed by the whole community."

With the revisions to the ordinance, the county will use eight criteria to evaluate land acquisitions, including a few new ones, in an effort to improve the screening and approval process.

Now, signed contracts for land buys will go directly to the county commission for approval, with no need for a review or first look by the Conservation Collier Land Acquisition Advisory Committee, as a way to speed up purchases.

Cornell worked closely with the Conservation Collier Land Acquisition Advisory Committee and county staff on the positive changes, with the backing of program supporters. 

"Audubon Western Everglades and Audubon Florida are very supportive of the just-adopted important improvements to the Conservation Collier ordinance aimed at accelerating conservation land buying, bringing more current science into the eligibility criteria, and streamlining the program," he said.

Moving forward, LoCastro said potential acquisitions should no longer be stacked up and brought to county commissioners once or twice a year. Indeed, the board should be disappointed, or even embarrassed, if it doesn't start seeing purchases on the agenda at nearly every meeting.

Jamie French, head of the county's Growth Management Department, told commissioners county staff has taken a much more aggressive approach to acquisitions this year, with the help of program supporters and volunteers.

As a result, he said, the board should see "north of $20 million" worth of purchases coming its way in April.

While the revisions to the ordinance didn't address how the county will pay back the funds diverted this year, Commissioner McDaniel stressed those discussions are coming soon, as part of the county's budget planning for 2025.

"The board ... wisely voted this week to limit any future borrowing of Conservation Collier trust funds for emergencies only and committed to replace all future borrowed funds.  Audubon and the community will be watching the budget process for FY 2025 this fall to make sure the board abides by their commitments," Cornell said.

The revised ordinance explicitly states that if the program doesn't have enough money to maintain the acquired lands in the future, the general fund would be tapped to cover it.

The tax that supports Conservation Collier is set to sunset in 2031, if not renewed through another voter referendum.