AGENDA ITEM 1: CALL TO ORDER

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3 MEETING MINUTES COMMITTEE NAME: Conservation Land Acquisition and Stewardship Advisory Committee (CLASAC) a/k/a Conservation 20/20 DATE: March 13, 2014 LOCATION: Community Development Public Works Center, First Floor Conference Room, 1500 Monroe Street, Fort Myers, FL AGENDA ITEM 1: CALL TO ORDER John Cassani called the meeting to order at 5:34 p.m. DULY ADVERTISED: Y QUORUM: Y COMMITTEE MEMBERS: PRESENT 9 ABSENT 6 STAFF PRESENT: NOTES: Karen Andress, Carl Barraco, John Cassani, Charles Cook, Christie Knight, Alex LePera, Randy Thibaut, Joshua Tuyls, George Wheaton Dalton Drake, Charlie Green, Rob Fowler, Jim Kinsey, Don Schrotenboer, Wiley Parker Renee Armstrong, Karen Bickford, John Fredyma, Cathy Olson, Lynda Thompson Randy Thibaut announced that Jim Kinsey, a fellow CLASAC member, was very ill and hospitalized. He asked everyone to place Jim in their thoughts and prayers. AGENDA ITEM 2: APPROVE MINUTES February 13, 2014 MOTION: Approval of the February 13, 2014 Minutes, as revised. MOTION BY/SECONDED: Charles Cook /Randy Thibaut DISCUSSION SUMMARY: Carl Barraco requested to add additional language to the discussion on Page 4 of 5 following the motion to reject based upon the high asking price. He believes it is prudent to see if the price would be reduced prior to showing additional interest in the land. If there would be additional interest with a price reduction then we could look at the property. VOTE RESULTS: Motion passed with no objection. AGENDA ITEM 3: DISCUSSION SUMMARY: PUBLIC COMMENT Marisa Carrozzo on behalf of the Conservancy of Southwest Florida, commented that there are three parcels at initial review. Nominations 455-2, 517, and 518, all are adjacent to existing preserves areas. Their acquisition would provide an enhancement to the existing preserves and provide additional habitat. The Conservancy also supports Nomination 514, which falls within the CREW boundary. Nomination 514 is a large in-holding adjacent to Corkscrew Swamp Sanctuary. Finally the Conservancy agrees with the Assistant County Attorney s Memo regarding the current contract language being legally sufficient. There is no legal or procedural reason to change the current process or contract. AGENDA ITEM 4A Initial Reviews 4A1 NOMINATION DISCUSSION SUMMARY: Lynda Thompson reviewed the details of the parcel in Buckingham which is adjacent on the north and east sides to an existing Conservation 20/20 Preserve, Buckingham Trails. The asking price is considered high. Environmental staff feels the property should be forwarded to secondary review because it could be managed as part of the existing preserve. The property would give additional access to the property without having to traverse through its cultural resources (the Old Buckingham Airfield). Randy Thibaut asked about the disturbed area and what the County plans would include for this parcel. Cathy Olson responded short-term would be placing cows on the property and restoring the improved pasture. Charles Cook asked about the asking price evaluation. Lynda Thompson indicated County Lands staff provides a market overview of the asking price. An overview of how properties are valued as well as other program procedures for newer members was

4 CLASAC Meeting Minutes (Cont d) March 13, 2014 Page 2 of 6 requested. Randy Thibaut inquired about carving out undesirable sections of the parcel. Cathy Olson indicated the odd shape runs along a canal/ditch. There are restrictions over the cultural resource areas and acquisition of this property would help with management of the existing preserve. A suggestion was made that the owner consider retaining a 5-acre residential site along Buckingham Road due to its value. Wayne Russell, Property Broker/Owner representative, responded on the value and the details of the sale. He believes the owner would be willing to carve out the parcel but would require approval of the Court due to a divorce proceeding. MOTION: Forward Nomination to secondary review. MOTION BY/SECONDED: Carl Barraco / Karen Andress VOTE RESULTS: Motion carried. 4A2 MOTION MOTION BY/SECONDED: VOTE RESULTS: 4A3 DISCUSSION SUMMARY: MOTION: MOTION BY/SECONDED: VOTE RESULTS: 4A4 DISCUSSION SUMMARY: New Business Ratify the Subcommittee recommendation to accept Karen Andress as a member of the Criteria and Ranking Subcommittee of CLASAC. Alex LePera / John Cassani There was no opposition. Nomination 516 (Pine Island) Lynda Thompson reviewed the 10.5 acre parcel on Pine Island. It is contiguous on the east and half of the south boundary with Calusa Land Trust holdings. The asking price is high and there is no physical access. Staff recommendation is not to forward to secondary review. The Criteria and Ranking Subcommittee recommendation was to postpone this parcel for one month to allow Calusa Land Trust to ascertain if they are able to make a financial contribution towards the acquisition of Nomination 516. Defer one month to allow Calusa Land Trust to determine if they are able to make a financial contribution towards the acquisition of Nomination 516. Randy Thibaut / Christie Knight No objection. Nomination 517 (Pine Island) Lynda Thompson indicated the asking price was significantly high. It is contiguous to Buttonwood Preserve and has a 60-ft access right of way on the south which provides public access. Staff and the Criteria and Ranking Subcommittee recommendation is to forward to secondary review. Staff indicated the current staff only access is obtained through the adjacent water treatment plant. There is legal access from Stringfellow Road but it is not practical. Cathy Olson explained the legal access runs through a wetland and permitting requirements would be cost prohibitive. Although requests were made for public access, the preserve was designated a limited access preserve due to the cost involved in permitting and constructing the access. Discussion ensued regarding AG- zoning in a Coastal Rural zone, its development potential and the high asking price. Public comment was opened at this time. Rad Hazan, Calusa Land Trust (CLT), thanked the CLASAC for acquiring land on Pine Island which helps improve the quality of life. He noted Pine Island is becoming a significant tourist destination. The Calusa Land Trust has partnered in the past with Conservation 20/20 and their Board will be meeting next week to discuss if they will be able to provide financial assistance with acquisition costs towards parcel 517. The CLT has offered assistance with management and maintenance in the past and

5 CLASAC Meeting Minutes (Cont d) March 13, 2014 Page 3 of 6 believes the Board will also be voting to provide continuing assistance in this regard as well. This parcel would provide continuous public access to Buttonwood Preserve. MOTION: MOTION BY/SECONDED: VOTE RESULTS: MOTION: MOTION BY/SECONDED: 4A5 DISCUSSION SUMMARY: Discussion ensued on the high asking price of the parcel and possibly having staff continue discussions with the seller to further have the price reduced. The motion was amended, by Charles Cook to include language based upon the high asking price. Randy Thibaut, who seconded the motion, agreed to the revision. Alex LePera reminded CLASAC of the environmental qualities this parcel provides as well as the potential for public use and the value public access provides. Carl Barraco indicated the motion not to pursue this parcel doesn t reflect that this parcel is not important, but that the price remains too high. The committee struggled with the environmental nature of the parcel and its high asking price. Christie Knight noted site reviews can help provide confidence to the Committee on what the benefits of certain parcels provide to the Program. Cathy Olson commented that if opportunities to create public access to sites become available, such as with this parcel, staff investigates the feasibility of providing amenities such as hiking trails and a primitive canoe/kayak launch. Question was asked if the goal was to have public access on every parcel? Cathy Olson responded, no, but if parcels with certain attributes are appropriate for public access or the public requests public access, the County will try to accommodate those uses when practical. Question from the Committee was asked on how people paddle to the site now? Cathy Olson responded the paddlers come from the south. Cathy explained the hydrology of the site. From the east to west, there is creek bottom, then mangroves and salt flats and then transitions into a pine flatwoods. If a parking area is constructed in the pine flatwoods, a pedestrian trail could be made through the salt marsh with little impact and minimal permitting. Motion to not forward Nomination 517 to secondary review based upon the high asking price. Charles Cook/Randy Thibaut With 4 in favor (CB/CC/RT/JT) and 5 against (KA/JC/CK/AL/GW), the motion failed. Motion to forward Nomination 517 to secondary review. Karen Andress/Alex LePera With 5 in favor (KA/JC/CK/AL/GW) and 4 against (CB/CC/RT/JT), the motion passed. Nomination 518 (ALVA) Lynda Thompson reviewed the 193-acre parcel located in Alva which is contiguous to the Hickey s Creek Mitigation Park. Hickey s Creek Mitigation Park was acquired in the early 1990 s with a Florida Communities Trust Grant. This parcel would add a buffer to the existing Mitigation Park. The significantly high asking price was discussed with the owners representative and a reduction had not yet been established prior to the meeting. The entitlements are considerable on this site which is inclusive of 417 RV lots. The Subcommittee recommended this parcel be forwarded to secondary review based on its environmental significance. Randy Thibaut asked for clarification on the environment significance of this parcel. Cathy Olson indicated there are listed species such as scrub jays in the southwest corner of the parcel. Fox squirrel as well as gopher tortoises have also been sited. Connie Dennis who has lived off of Bateman Road for numerous years noted she has spotted panther, gopher tortoise, sandhill cranes, wood stork, scrub jay and bear all

6 CLASAC Meeting Minutes (Cont d) March 13, 2014 Page 4 of 6 using the property. Cathy Olson indicated this particular corridor of the County is the only place where scrub jays are persisting. The goal is to create an eastwest corridor into Hendry County so the scrub jay families from Hickeys Creek, this site, and those families East of Joel may have better genetic flow. This particular bird species prefers a low tree canopy and the scrub habitat. This parcel would add to the corridor. A discussion in the Subcommittee had to do with having the owner possibly splitting out portions of the parcel and only selling the more environmental sections, and retaining the road frontage. The property owner representative, Stanley Whitcomb, was present and provided an overview of the drainage and water flow on the site as well as the history of its zoning. He indicated that the fill could be sold from a lake that was part of the approved development on site. John Cassani advised, environmentally speaking, some of the goals of this committee are how to create corridors, restore hydrology and protect certain species habitats. Ruby Daniels noted no one mentioned there are wetlands located on the property. Ruby encouraged CLASAC to not reject this property prior to finding out if the property owner will reduce the price. Christie Knight also suggested the price may be reduced if the seller agrees to carve out the area suggested from the offering. Randy Thibaut noted that the developer of this land will be required to create preserve areas as part of the mitigation requirements of the permit. Mr. Whitcomb acknowledged 17-acres of preserve area as well as a corridor were required. Staff was asked when CLASAC looks at a project with active zoning, if a master concept plan exists that it be made part of the materials for review. John Cassani also requested the multi-layered planning Composite Conservation Map be made available at future meetings. If the property owner wishes to reduce the price and/or the amount of land being offered, it may be brought back to the CLASAC for its reconsideration. MOTION: Do not forward Nomination 518 for Secondary Review. MOTION BY/SECONDED: Randy Thibaut / Charles Cook VOTE RESULTS: The motion carried with 2 opposed. (KA/AL) 4B 4B1 DISCUSSION SUMMARY: MOTION: MOTION BY/SECONDED: VOTE RESULTS: Secondary Reviews Nomination 514 CREW This property is within the CREW boundary and its asking price is determined to be significantly high. County Lands staff did speak with the owner and the asking price was reduced slightly, but it is still considered significantly high. Discussion ensued regarding Subcommittee deliberations and the Minutes that were corrected at the beginning of this meeting noting a message of no interest be sent on parcels with high asking prices. It was noted the lower price was a willingness of the seller to negotiate. The Criteria and Ranking Subcommittee recommendation is to pursue for acquisition. The Program has expedited review procedures for parcels within the CREW which normally by-pass a physical secondary review. There was a discussion about contributory funding ($2,000) being pledged from the CREW Land and Water Trust, and the South Florida Water Management District (SFWMD) manages parcels within the CREW boundary. There is a multiparty agreement in place between the Board of County Commissioners and the SFWMD for the District to management these lands. There will be a second opportunity for CLASAC to review and make a recommendation on price prior to being brought before the Board. Forward to Nomination 514 for acquisition. Carl Barraco/Karen Andress Passed with two opposed. (CC/RT)

7 CLASAC Meeting Minutes (Cont d) March 13, 2014 Page 5 of 6 4B2 DISCUSSION SUMMARY: MOTION: MOTION BY/SECONDED: VOTE RESULTS: Nomination 515 North Fort Myers This is a 1-acre out parcel within the Caloosahatchee Creeks Preserve area. This staff and Criteria and Ranking Subcommittee recommendation is to forward for acquisition as this parcel will remove an obstacle for management and eliminates the potential of a driveway going through the preserve. Motion to pursue Nomination 515 acquisition. Charles Cook / Randy Thibaut Unanimous. 5A Management Funding Discussion MOTION Create a Management Task Force (constituted by the MSC) to propose to the Board of County Commissioners (BoCC) that all Conservation 2020 management and maintenance funding and no less than 50% of the current acquisition fund be allocated to a dedicated management budget line to be used in accordance with the Conservation 20/20 land management plans ONLY and not to include funding for storm water or Natural Resources projects with this budget line. DISCUSSION SUMMARY: George Wheaton reiterated the discussions CLASAC has had over the years desiring to establish a perpetual management fund. The reason for this recommendation is due to funding no longer being allocated and to help secure future management funding. John Cassani asked if water management needs would be excluded from these funds should future projects require hydrological, storm water management or water quality enhancements? George Wheaton believed that Natural Resources will be looking at the Conservation 20/20 funding to take over expenses they will have in the future. We buy the land for some of their projects but we don t want to fund the infrastructure required for Natural Resources. Question was raised if this motion would prohibit the Board of County Commissioners (BOCC) from raiding the funding? It was discussed that CLASAC is an Advisory Board making a recommendation for the Board s consideration. Cathy Olson reported that at the last Board Workshop on Conservation 20/20, Linda Doggett, Clerk of the Court, indicated that an endowment fund for 20/20 is possible if it is the will of the Board. Randy Thibaut felt it would be political downfall for the Commissioners not to want to see money go into perpetual maintenance for this program. John Cassani reminded the CLASAC a detailed Management estimate was prepared for the Board for 5 and 10 years and hasn t received any action. Karen Andress warned that County Administration may intend to divert funding formerly allocated for the Conservation 20/20 Program for other needs unless we convince them we need funding and this program to continue. It was requested in the future any detailed subcommittee recommendation/motions be provided as part of the meeting backup. MOTION BY/SECONDED George Wheaton/Randy Thibaut VOTE RESULTS Motion carried unanimously. 6 OTHER BUSINESS 6A Memo to the BoCC Regarding Contract Provisions for the Purchase of Conservation 20/20 Properties DISCUSSION SUMMARY: John Fredyma provided a memo he sent to the BOCC and Roger Desjarlais, the County Manager, addressing the concerns of the CLASAC on a performance clause. From a legal standpoint our contracts are legally sufficient. The only thing not addressed is the recovery of hard cost in the event of a breech. As this is a voluntary program, absent a policy decision from the Board, my recommendation would be to leave the contracts as they are. No

8 CLASAC Meeting Minutes (Cont d) March 13, 2014 Page 6 of 6 response has been received to-date from any of the Commissioners or County Administration regarding any contract changes. The problem with specific performance, even though it is a form of equity relief, is that the County would not be favored with the Courts due to the willing seller nature of the Program. The current language in the contracts protects the County. The County is not going to buy or be forced to close on a property without marketable title, or with question of contamination or hazardous waste, and we are not going to be forced into a situation if funding dries up or disappears. 6B Miscellaneous DISCUSSION SUMMARY Question was asked on what happened regarding the Sink Hole property. John Fredyma reported the item was pulled indefinitely by County Administration without reason. Discussion of when the next Board Workshop would be for Conservation 20/20. A third Board workshop to discuss when to hold a possible 20/20 Program referendum was announced. It was reported the date for the Workshop would be March 18, but the date was later established to be April 1, SET NEXT MEETING DATE A. MSC The next Management Subcommittee meeting will be held March 26, 2014 at 3:00pm at Terry Park. This meeting was subsequently cancelled. B. CRSC The next Criteria and Ranking Subcommittee will be April 10, 2014, at 5:00pm at CD/PW Center, 1st Floor. This meeting was subsequently cancelled. C. CLASAC The next CLASAC meeting date will be Thursday, April 10, 2014, at 5:30 p.m. AGENDA ITEM 10: ADJOURN: The meeting was adjourned at 7:30 p.m. RESPECTFULLY SUBMITTED: Reneé Armstrong

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