Board votes to retroactively OK raiding Conservation Collier funds

In move to retroactively authorize the midnight raid of some $60 million in Conservation Collier funds, a majority of the board of county commissioners voted Tuesday night to amend the program’s guiding principles.

 The move, county officials believe, allows the board to do what it wants with the special tax dollars. Those opposed to the decision say that is simply not so and a matter a court should decide. 

"We did not vote to give you five representatives, forgive the terminology, a slush fund, when needed. As voters we voted for land acquisition and preservation, which is desperately needed for the wildlife here,” said resident Chris Biggs.

Biggs reminded the board of commissioners that on three separate occasions since 2002, a super-majority of voters in Collier County have been asked if they favor a special tax for the purchase and preservation of environmentally sensitive lands in Collier County.

But three weeks ago, a majority of the Board of County Commissioners voted to raid the Conservation Collier trust funds. It took $60 million from the two accounts to make up for budget shortfalls after deciding at the last minute to not collect additional taxes that higher property values could have brought in.

“You have betrayed our trust,” said Stephanie Carr.

She and others like Diane Preston Moore of the League of Woman Voters of Collier County encouraged the board to not vote in favor of the amendment that in the county’s government’s mind, retroactively authorizes the raid.

“By using conservation collier funds to cover other budget expenses, this board disregards the will of the voters further, changing the rules mid-game to cure a decision that was countered to the county's own law is not good governance," Preston Moore said. "It sounds like a bait and switch. The people of Collier County voted for conservation Collier and trusted that the county would manage the program without using its funds for other purposes."

Just like the raid vote last month, the vote was 4 to 1 with Commissioner Burt Saunders in the minority.

“A lot of accusations have come in over email, and even from some speakers today that we did something that was illegal, immoral or unethical. We have a county attorney that keeps us legal, moral and ethical. And we look to his judgment and guidance," said Board Chairman Rick LoCastro. "And so I think he has been very clear. And what we are allowed to do could be unique, could be something that was unexpected, but it's not illegal, immoral or unethical.

Without the raid, there would have been close to $100 million in the two interest-bearing trust accounts -- one for acquire lands and the other to maintain them for perpetuity.

Now there will be $26.8 million left to purchase properties, and $10 million to maintain them. Prior to the vote, the board learned that Conservation Collier has earmarked some $20 million for properties that are under contract, or expected to be under contract in the near future.

Carson McEachern, a retired attorney, told the board a judge — and not to the board — should decide if the funds can be removed .

"I believe the circuit court would be the proper authority to determine if the county has the fiduciary authority to invade segregated trust funds. We have 12 years of precedent administering these funds in separate and segregated trust funds. The funds should remain segregated until such time as a court of proper jurisdiction determines otherwise," McEachern said.

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