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BCC Minutes 02/27/2002 S (GMP Amendments)February 27, 2002 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, February 27, 2002 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date February 27, 2002, at nine o'clock a.m. In SPECIAL SESSION at the Max Hasse Park, Golden Gate Boulevard, with the following members present: CHAIRMAN: VICE-CHAIRMAN' Jim Coletta Tom Henning James D. Carter, Ph.D Donna Fiala Fred Coyle ALSO PRESENT' Jim Mudd, Deputy County Manager Tom Olliff, County Manager Joseph K. Schmitt, CommunityDevelopment and Environmental Services Administrator David Weigel, County Attorney Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS RURAL FRINGE FINAL HEARING AGENDA February 27, 2002 - CONTINUED TO MARCH 4, 2002 9:00 a.m. 3ra Floor, Boardroom, Administration Building Naples, Florida NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, 1 February 27, 2002 YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. Pledge of Allegiance 2. Transmittal Draft of Collier County Growth Management Plan (GMP) Amendments addressing the requirements of the Final Order (AC-99-02) issued by the State of Florida Administration Commission on June 22, 1999, excluding the Eastern Lands Portion of the Rural and Agricultural Assessment. 3. Adjourn INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 2 February 27, 2002 February 27, 2002 Item #2 TRANSMITTAL DRAFT OF COLLIER COUNTY GROWTH MANAGEMENT PLAN (GMP) AMENDMENTS ADDRESSING THE REQUIREMENTS OF THE F1NAL ORDER (AC-99-02) ISSUED BY THE STATE OF FLORIDA ADMINISTRATION COMMISSION ON JUNE 22, 1999, EXCLUDING THE EASTERN LANDS PORTION OF THE RURAL AND AGRICULTURAL ASSESSMFJNT- CONTINUED TO MARCH 4, 2002 MR. SMITH: I'd like to make a comment about participation in this process. As you all know, the final order issued by the governor on June 22nd of '99 required significant and active public participation. In our attempts to accomplish that goal, we have had 54 meetings with the rural fringe area oversight committee. We have distributed numerous brochures and signs. We have maintained a website, up to date with all the materials relative to the transactions taking place before the rural fringe activities committee and the staff. We have had community presentations with specific community groups. On June 13th of'01, we held a conceptual report meeting with the Board of County Commissioners, at which time they gave us specific directions, which led to the amendments drafted and presented here today. We have had meetings before the EAC and the planning commission. And to make sure that we covered all the bases, on two separate occasions we have mailed out over 3,000 letters of notifications of meetings to individual property owners in all of the areas affected by or potentially affected by these amendments. I'd also like to make a couple of points before we begin today which may alleviate some concern on the part of some of the people that are here today. Some of the things that we are not going to Page 2 February 27, 2002 propose today we are not proposing through this series of amendments to expand the urban boundary. We are not proposing a rezoning of any private property of either upzoning or downzoning. We're not going to take away the right to build a home on any existing parcel that was in existence on June 22nd of 1999. On the same note, we are not proposing any measures that would result in a taking of property from private property owners without due compensation. We also do not propose through these amendments to convert private property to public ownership on an involuntary basis. Also, it's very important to point out here today also that the amendments that we're addressing today do not change any of the uses or address directly property in the North Golden Gate Estates. There's a separate ongoing study and analysis to review the Golden Gate area master plan, and those issues will not be addressed here today. With that note, I would like to introduce some of the participants that will be taking place in your presentation today. One other note, anyone who has as speaker slip that they'd like to turn in who have not done so, Jim Mudd will take your speaker slips at any time that you want to submit them. Now I'd like to introduce some of the participants in today's presentation. The general proposal presentation which you'll hear will include presentations by Dr. Jim Nicholas from the University of Florida, who is also author of our TDR program; Marty Chumbler from Carlton Field in Tallahassee, a legal consultant; Bob Mulhere, our consultant on the planning side from RWA, Incorporated; Bill Lorenz from our own natural resources department. We will also be hearing presentations from intervenors relative to the North Belle Meade area plan, which include Nancy Payton of the Florida Wildlife Federation; Brad Cornell; Bruce Anderson, a Page 3 February 27, 2002 local land-use attorney; and Bob Duane, a local planner. On the ag regulation issue, we'll be hearing a presentation from Tom Reese, an attorney representing the Florida Wildlife Federation; and again, from Marty Chumbler, representing the county on the issue of the level of agriculture regulations that's permitted in Collier County. If there are no other questions, I would like to move forward with legal background outlined by Marty Chumbler. CHAIRMAN COLETTA: Before you do, Mr. Smith, there's a couple of points I'd like to make. If we want this meeting to have an opportunity to flow, one, turn off your cells phones and put them on vibrator mode; and number two, if you'd like to participate, don't do it from the audience with comments or by applauding. Wait until your turn to come up to the podium and make your point. And the other only other discussion I would have is to my fellow commissioners is when they make a presentation, take notes and at the end of the presentation ask your questions at the time, and that will avoid duplication of effort and the answers to the next question. MS. CHUMBLER: Good morning, members of the commission. I'm Marty Chumbler with the Carlton Fields law firm in Tallahassee. Our firm has been retained by the county as outside legal counsel. My first presentation I think my purpose right now is to sort of give a legal background for this meeting. The county, back in 1998, adopted amendments to this local comprehensive plan that would result in the evaluation of successive reports for our state law. Unfortunately the Department of Community Affairs found those amendments to be not in compliance with Chapter I of the State of Florida Statutes. An administrative hearing resulted from that, and ultimately both administrative law judge and the governing cabinet sitting as administration commission agreed with the Department of Page 4 February 27, 2002 Community Affairs. As a result, on June the 22nd, 1999, the administration commission, again, the governing cabinet, entered a final order, which is in your notebook. I think it's the very first item in your notebook this morning. That final order required several things of the county. First, it required some very specific immediate remedial amendments to be adopted. Those were adopted by the county. They were not challenged, so those are in effect. Secondly, it required some interim amendments be adopted. Those, too, have been adopted. They were challenged. They went to administrative hearing. They were upheld in administrative hearing. They were upheld in the final order of the Department of Community Affairs. They are now before an appellate court in Tallahassee with arguments on that issue scheduled for next week. The final step or steps that were required in the final order was an assessment of the rural lands, each of the lands in the rural fringe, with the end result of that step to be further reviewed subsequent to further amendments or all the encompassing amendments of the comprehensive plan. The final orders specifically allow the county to take this assessment phase, and that's what the county decided to do, splitting assessment of the rural fringe area and assessment of the eastern lands. Originally the final order required that these assessments be completed and the resulting amendments from that assessment be adopted by the county by June 22nd of 2002, this coming June 22nd. We have gone to the governing cabinet, and with the agreement of the other parties in litigation got an approval to extend the adoption date for the eastern lands to November. But we're still facing that June 22nd deadline for adoption of these rural fringe amendments, the one that is presented in draft form in your documents today. Now, as Mr. Smith mentioned, one of the important points that Page 5 February 27, 2002 the final order included was there should be public participation. I think the cabinet said that should be a hallmark of this process. There were also some very specific goals that the governing cabinet indicated were to be accomplished through these amendments, and I'm going to read those to you from the final order itself. The final order says, "At a minimum, the assessments must identify means to accomplish the following: One, identify proposed measures to protect prime agricultural areas. Such measures should prevent the premature conversion of agricultural lands and uses. "Two, direct incompatible uses away from wetlands and upland habitat in order to protect the water quality and quantity and maintain the natural water regime as well as protect listed animal and plant species and their habitats. "And Number 3, assess the growth potential in the area by assessing potential conversion of rural to other uses in appropriate locations while discouraging urban sprawl, directing incompatible land use away from critical habitat, encourages adoption of creative land-use planning being (inaudible). Those are the goals. Those are the things you need to keep in mind as being your orders from the governing cabinet as you look at these proposals. Thank you. CHAIRMAN COLETTA: Any questions? MR. SMITH: At this time, Bill Lorenz of the Natural Resources Department will go directly into natural resource protection strategies. MR. LORENZ: For the record, Bill Lorenz, natural recourse director. One thing if I can have the lights turned off on the screen, it will be help to observe the slides. Thank you. As Marty Chumbler noted, the final order does require the county to address a large portion of the county. We're here of course today for the rural fringe. And the final assess the assessment Page 6 February 27, 2002 includes all the agricultural rural areas of the county. There's big cypress critical state concern conservation land in the South Golden Gate Estates. It specifically excludes the urban areas, the coastal Naples urban area and the Immokalee urban area, North Golden Gate Estates and Orange Tree. The fourth rural fringe, the area that we're going to be talking about today, is pretty much in this box here, if you will; the northern portion up around Immokalee Road up in here along the CREW lands. And if you will, think about the southern portion as being the North Belle Meade here just north of 1-75, and then the Belle Meade area that's south of 75 going all the way down to 41. What I'd like to try to use this slide a little bit for is discuss some of the data-gathering efforts that we've used to present the conceptual plan and framework for these amendments that we eventually are proposing to transmit to DCA. We've talked about this rural fringe area that's roughly 93,000 acres in size, and we're using information from the South Florida Water Management District database that comes from 1994/1995 aerial data. I want to make a couple points here: One is, the staff has modified this information to the degree that we have updated information of areas that have been cleared so that we can have a more up-to-date database. This is the database that was best available data that exists for the staff to develop this conceptual plan. Secondly, we're using this information very much in a planning type of context of large, broad areas; where are the major environmentally sensitive areas that this information presents to us. Secondly, we're using this information in an analytical sense so that when we start looking at various alternatives, we can actually calculate the impact and then use this analysis that's the accuracy of the water management database is reported in their system would be 90 percent accurate. So at the very least, we're talking about a 10 Page 7 February 27, 2002 percent error. So when we start slicing and dicing the numbers, as Fll kind of refer to it, just keep in mind that this is at this broader level of identifying the large areas. The boundaries of course, we have to Actually draw lines on the map, and we proposed some boundaries based upon this information. Now, just to give you some sense of this area and its characteristics, the wetland land cover is almost 60 percent of this total area. So again, remember the final order. Direct incompatible land uses away from wetlands and listed species habitat. So more than half of this area is identified as wetland land cover. And as I go through the slides, I'll be able to present to you generally where this important habitat wetland land cover exists. Then of course, a forested area is, from a habitat standpoint, another very important measure or parameter that we're looking at. Agriculture is in the order of 19 percent, and you can see the other smaller percentages there which are included in the rural fringe. Let me back up a little bit here and get a more conceptual level. We're talking about how we'd structured this plan and the types of strategies that we put together to, again, accomplish the final orders requirement to direct the incompatible land uses away from wetlands and uplands habitat. So what we're looking at let me introduce two concepts to you: The landscape scale and the project, or site scale. The landscape scale is very large areas, square miles. The sections of land that we're looking at have a very high environmental sensitivity. And quite frankly, what we want to try to do within those large areas is, we want to prevent them from being fragmented. We want to minimize their intensive land uses to go into those areas such that the areas can remain intact and provide that higher level of ecological value simply because of being large areas and being intact. So we can identify those areas through this process, and Page 8 February 27, 2002 that's where I will step you through here a little bit later. Of course, where we do allow the development to occur, we also want to ensure that we have proper standards to protect the habitat, the listed species that exist in those areas where we're allowing development. So what staff has put together, together with the input from a variety of different committees, is the set of policies that address not only the landscape scale protection measures but also particular standards that were addressed, protection of the important environmental features when a project comes to be built and where the allowed uses are to occur. Let's talk a little bit about some tools of protection at that landscape scale. First off, we kind of alluded to the fact that we're using the data and information to identify these large ecosystems. And again, these types of efforts have been occurring in a variety of different fashions. I will refer to a couple of studies as we go through the effort, but we're mapping these areas with the data that I previously identified to you. Once we map those areas of where these environmental areas are, then we'll use some tools such as large-scale overlay districts. I'll be talking about the natural resource protection area overlay, or NRPA. In our plan currently right now, we have a conservation reservation that provides for limited allowable uses in conservation lands, those lands that are environmentally sensitive. So the overlays of the concept of the NRPAs and conservation reservations we'll talk about sending lands. Those overlay districts are the regulatory framework that protect those large ecosystems. Then of course we have a variety of tools that are in the toolbox for those large systems: Purchase and acquisition is a tool. Transfer of development rights. You'll be hearing more about this with Dr. Jim Nicholas's Page 9 February 27, 2002 presentation about the transfer of development rights that allows us to protect those large environmental ecosystems but still provide a value for the individuals that are trying to protect that land. And we'll detail that further in the presentation in a variety of different locations. And then of course we'll also identify some policies that deal with buffer zones. The buffer zones I'm speaking about here are the areas where the zones are that we want to try to protect, these large-scale ecosystem features. So let's look at what we've tried to do with the large ecosystems. We have taken the wetland, upland and listed species data that's available to us, and what we've translated that into is a set of proposals for areas that will provide that high degree of protection from these large systems. Again, we're trying to use the data that's available to us to identify the areas. Let's get back to our land-cover slide again. This is somewhat busy, and one of the ways of looking at some of these slides is to look at the white space. What I mean by the white space is let me take off some of the colors for this particular slide and focus in on total vegetation. And the colors for this, forest is the green and wetland land cover is the blue. Now, what's in the white is in the areas that pretty much is a void through that database that we have of this particular land cover. Now, remember the final order: Direct incompatible land uses away from wetlands, listed species habitat. So when we start looking at these slides, think about development not occurring in the colorized area, if you will. And in the white area, think about that's where we would want to direct development to. Let's look at this particular slide here, and let me talk about this database initially. This is what's called priority wetlands. These are the wetlands that have listed species characteristics that are going to support a large population of listed species. This map was generated Page 10 February 27, 2002 through the south through the Florida Fish and Wildlife Conservation Commission in its report that was issued in the early '90s, which is known as the GAPS report. The database for this report was based upon 1986 land satellite imagery data. That's the basis for the report. What staff has done is, we have we have corrected to the degree that we have the data that I talked about before, we have corrected the this data base with updated information concerning areas that would be the void of vegetation. And to the degree that information was provided to us in the database, we made those corrections. But remember, we're talking about the systems in these large very large areas. We're not talking about, you know, exactly what is on a particular piece of property, because we're using this information to identify these broad areas that we're going to establish our our regulatory, if you will, framework on. But this data here, the hottest color, if you will, or the greatest number of species is red. And you can see here, for instance, this is the Corkscrew area, the CREW land acquisition. It maps out various highest amount of listed species and wetlands. Now, you see some smattering of that in here- and again, for reference sake, this is 1-75 through here, so this is what the south Belle Meade area. You see this is being very high in regard to listed species for wetland. The blue, quite frankly, with four to six species, is still very high in terms of utilization of habitat for listed species. And you can see again, the blue is very much in this particular area, very much of course in this particular area, and then we see very much in the CREW NRPAs, and of course a smattering in some of these other areas. Now, remember what I said before is, train your eye to concentrate on the white spots, because as we start bringing the maps forward, think about those are the areas that we want to direct Page 11 February 27, 2002 development to. And as Marty Chumbler indicated, in the final order, that's the area where we can be creative in order to creative and-use techniques. Rural villages you'll hear that term used, and other types of areas, we can direct development into. So let's take a look a little bit about some Florida panther data. This came from the Panther Plan in the early '90s that identified what they call priority habitat for Florida panther. The priority habitat is in red, and you can see the sections this is along section lines, so you can see the priority habitat is in this area. The reason why it's not in this area is because this is under a conservation designation. This is an Audubon CREW area, so they didn't call it priority habitat for purposes of acquisition. And then of course everything that's south of 95 in the what we'll call the Belle Meade area is primary area habitat. And then we also have some secondary habitat that's mapped out in these particular areas here. The blue dots are the telemetry points. That's the points that are listed I guess it's up through- I have to look at one of my staff members here is that data up to 2000? MR. MULHERE: 2001. MR. LORENZ: These points occur up to 2001 of the panthers that we have the telemetry collar so they can map the locations of the panthers. One thing I wanted to clarify a little bit here is, because of the scale, we have to make these dots real big so you see a conversion. I don't want to misrepresent the those areas as being, you know, huge points of panthers actually recorded. But what is very important is to see the pattern. The pattern that we see here is an awful lot of telemetry points within this area. And interestingly enough, you see a lot of telemetry points within what's the North Belle Meade above 1-75. Recognize, too, that that was not mapped out in '92 as priority Page 12 February 27, 2002 panther habitat, but since then we have seen panther telemetry points coming out of this area. And then you see a little smattering out here in the CREW land. Well, let's talk about kind of another term. This is somewhat of a biological term that we use: Biodiversity hot spots. I showed you some panther data in the previous slide. If you take a lot of the listed species information this is what the GAPS report did back in the early '90s. Take a lot of the listed species information, look at the habitat that they utilize, then map it as what they call biodiversity hot spots, and that's what this map represents. Quite the hottest color on this slide is red. And most of this area maps out very much in red, which is not surprising. If you were to look at we kind of focused in on the rural fringe, and perhaps you may have some panels at least for the public to look at, and I have some slides if we ever want to look at it in terms of all of southwest Florida. But all of southwest Florida maps out very high in the state with regard to listed species. We are in an area that is critical for listed habitat, so it's not surprising that when we map out fringe areas that we're going to map it out as very high. Again, remember just my little suggestion here, follow the white spots. And I'm drawing just general areas where kind of the white spots are on this particular map in here. Now, is it exactly the same as the other maps? No. But that's where we had to come to with regard to when we finalize final boundaries of these areas that we're going to say represent our large ecosystem that we want to protect, but you can see with some of the map data so far is that there are some patterns that start to emerge. The next slide here is what was called strategic habitat. Now, strategic habitat was somewhat of a summary in the GAPS Report developed to say that this is the area that the state should focus in on Page 13 February 27, 2002 for protection efforts. These will be the areas that would have priority for acquisition, for instance, for spending state dollars. These would be the areas that local governments should look to to try to provide some protection measures. One comment I need to make on strategic habitat kind of dealt with the former slides of the Florida panther. Because this area was already in some type of acquisition status, it's not listed as a color because it was already acquired. It was not a priority to apply. But again, focusing on the white spots here to some degree, you'll see that this is very much kind of a white spot. You will see some white spots up around in here. Again, in north Belle Meade, it's kind of more in the center. Obviously, this mapped out pretty good with regard to the where the strategic habitat is. So there's the holes in the environmental areas in the report. So let's talk about we have mapped out these systems. At least we've provided the data and began to map out the system for regulatory purposes, so now we have to craft some type of a regulatory framework for which to address these large systems. That regulatory framework that we've decided on through the process in the past two or three years is to some degree, the terminology is based on the transfer of development rights, or the TDR program, so I want to define a couple of terms here. Not to steal Dr. Nicholas's thunder, but define these terms for you. And that is, when we talk about receiving areas, this is the red areas. This is where we would want to direct development to. These are the areas that in the TDR program, can receive more units. The reason why we say that they can is because they have kind of less environmental sensitivity. So from a resource perspective, these are the areas that we can put development into, more population into, which it will have less impact on the environmental system. Page 14 February 27, 2002 The green area here and these are what's called sending areas in the TDR parlance those are the areas where have a high degree of environmental sensitivity, and through the TDR program we would allow people to send their development rights from these areas to the receiving areas. Again, what we want to be able to do is, we want to be able to reduce the activity, the abuses, the concentration of the public in a variety of different kinds of intensive land uses within these areas, so we're trying to establish mechanisms to protect those areas. So when we call them this kind of overlay of the district is sending areas. So when we talk about sending and receiving, the terminology there comes from the TDR program. Sending are the environmentally sensitive lands. Receiving are the lands that aren't environmentally sensitive. Let's talk about these overlay districts a little bit here now, a little bit more quantitatively. Conservation conservation of those lands that are in public ownership. Now, I can make a couple of points for everybody here on some of the maps that individuals that everybody has for the future land-use map. Staff has been utilizing a GIS system that we have at the natural resources department that we're able to gather this information from a variety of different databases. We have been able to update our database with regard to where the lands are already acquired by public agencies. So for purposes of analysis and when I start working through some numbers for you later on, you can see that we can map out these conservation areas, these publicly owned lands, and we can determine how much vegetation, how much environmental parameters within these areas, because these are still areas for our inventory, if you will, of natural resources. So when you look at your future land-use map, you won't see a conservation FLUE in these areas, for instance, down here. That's Page 15 February 27, 2002 simply because the mapping of a routine future land-use map can't map all individual parcels. But we are quantifying them for you so you can understand what the numerical impacts of all of our strategies will be. So the conservation lands are plus or minus some 39,000 acres per (inaudible). The sending areas are roughly 23,000 acres in terms of the last efforts we've gone around identifying the sending, neutral and receiving areas. I didn't talk about neutral lands before. And neutral lands are between sending and receiving. They will not get increased density, nor can you send density from them in terms of a TDR program. Again, we'll talk about that in a little more detail. And they're somewhat in the middle status. But what we have identified preservation standards and appropriate allowable uses within these areas as well. And then the receiving acreage is around 23,000 plus or minus acres in the - for the rural fringe. So if we kind of get away from the actual well, we start looking at the comparisons kind of side by side. What I want to be able to do is, again, kind of focus your eye on the white spots in the natural resource and see how that lines up with the red areas on the left-hand side of the map. Because, again, we're trying to identify some regulatory lines based upon environmental data that has the best accuracy of 90 percent, and we're trying to integrate that into a nice regulatory program, policies, and draw lines on maps, but what you have to feel comfortable about at the end of the day that we've pretty much identified those areas that we need to direct development away, and that's going to be our sending areas, the areas with the high environmental protection status on them. So let's take a look at this is the vegetation map, if you will, the wetland, and that's forested land cover. And now here's a little bit of an overlay of the biodiversity map that you saw before. You can see Page 16 February 27, 2002 it maps up fairly close because, again, listed species obviously, they're going to need habitat to live within, whether it's wetland or uplands. So you can see how it kind of works through in terms of the large areas. And again, kind of compare that to the areas that we're showing over on the left-hand side as being the receiving lands. So again, the biodiversity hot spots, if you start looking at the species, again, you kind of see the pattern. You don't see perhaps as much of the area within the red and the blue, or the priority species, but again, you are still seeing that kind of pattern. And that's the kind of information that we're using to try to map out the regulatory framework for the for these broader areas. Let me introduce another term now: Natural resource protection areas. We talked about sending lands. Sending lands were highly environmentally sensitive areas. The natural resource protection areas that we're talking about are a sending a designation within the sending lands that have the highest degree of environmental sensitivity. And this is in your future land-use element. And on the map, this is listed out as an overlay. But we've identified three natural resource protection areas: The CREW; NRPA, which is the northern most NRPA; the north Belle Meade NRPA, which is in the end, north ofi-75. Now, let me talk to you about this: This particular NRPA here that's mapped out is fairly consistent, we think, in terms of our analysis with the the north Belle Meade area plan that will be proposed to you by the intervenors and which we'll have a presentation at a later point. But we've mapped this out as fairly close to what they have proposed, which staff is comfortable with those boundaries. And then the Belle Meade NRPA, which is south of 1-95. Now, one of the things I want to point out here is excuse me 1-75. One thing I wanted to point out here is, there will be some Page 17 February 27, 2002 inconsistencies in the map, and I'll try to point them out as we go through. We have learned, for instance remember, this area here was kind of a little bit of a notch in here as receiving lands. Based upon our information right now, we have been finding that this has been acquired by the state. We need to verify that. And of course, that will take that out of the receiving area designation. So as we go through this transmittal hearing, if we find some additional areas that we're going to have to change our lines on the map, reslice and dice and crunch the numbers, and of course we'll be doing that throughout the transmittal. But those are the natural resource protection areas. Again, a higher level of protection. And we'll talk about higher level of protection areas here in a little bit. Since I've mentioned you can see here this is where we need to make a change right here because red doesn't show up as red. But this is the area of the map out as conservation. One thing the staff did, too, and there was a difference that was pointed out to us earlier, is between the planning commission recommendation and when staff developed these maps, this area right in here and down into here, the planning commission did not did not authorize that or recommend those to be what we're calling now as neutral. Those were to remain as receiving. So we're going to have to have to be consistent with the planning commissions' recommendation, we're going to need to trans move those into a receiving area category. Again, we'll have a little bit of a change I'm looking at the staff to make sure they keep - keep this list up. But let's take a look at how we how it stacks up in terms of the different kinds of aerial designations that we have for the proposal in front of you, and that from simply an area proportion of total area of receiving lands, those are the areas where we want to direct Page 18 February 27, 2002 development to, because, from a natural resource perspective, they're the least environmentally sensitive. They represent roughly a quarter of the total fringe area; the neutral lands, 8 percent, less than 8 percent. Now, when we talk about the sending lands remember I talked about NRPA and non-NRPA they're a different preservation standard, and that's another quarter of the area, 25 percent. And again, we're looking at what's already in acquired status. In conservation status, it is 42 percent of the lands are in conservation status. So that's how the areas map out in the overlay district. But let's talk about now the environmental data. How is the environmental the natural resources distributed within the rural fringe, because, again, the final order wants us to direct incompatible land uses away from those areas. So we can do some quantitative work, calculate some numbers, do my thing, make some graphs, and I'm kind of happy, you know. So I'll go through a couple charts here to give you a sense of, again, the distribution of the habitat, the environmental data throughout our overlay districts. Now, remember, these are now our overlay districts for regulatory purposes. What I'd like to try to concentrate again on, this is the vegetation, which is which of course is the wetland and upland land cover, and we have the receiving areas. Again, that's where we want to direct that intensive development to. Well, the receiving areas remember, they had 25 percent of the total land area, but they're only counting for 10 percent of the total vegetation. So remember, the maps that we showed, we there was little white spots. We tried to draw the line where there's the least amount of vegetation, the least amount of sensitive habitat. So this is the result this if you will, this is the result of the lines on the map that we are proposing to you. And you look at wetland cover. Again, focus in on receiving areas. That's Page 19 February 27, 2002 down to 7 percent. Again, remember the final order. Direct incompatible land uses from wetland listed species and their habitats. Well, there's only 7 percent of the wetland land cover in the receiving areas, and this is the area where we're going to direct development to. Every place else, if you look at the outside of the wetlands, for instance, conservation, sending lands have a high or a high percentage of wetlands within those areas. Those are the areas that we're not going to have very intensive land uses at all. And then the strategic habitat on the pie chart, you see a very similar kind of trend here where I think that we have a perspective in locating those areas with the least environmntal sensitivity, being sensitive receiving areas. I mean, list nonsensitive receiving lands. So let's kind of put it a little different way, a side-by-side presentation. Wetland land cover. More than 10 times the amount of wetland land cover in our conservation preservation areas than the receiving areas, and very similar patterns again for strategic habitat and total vegetation. So when we transmit our data our information up to DCA, DCA applies that test to the final order and says, well, Collier County, did you direct your land uses away from your sensitive habitats, we can say yes, we did and we did a very good job doing it. We're up to almost 9 percent of those important critical parameters within the areas we're going to direct it away from. Those we talked about the the broad areas, which is the overlay districts. Now let's talk a little bit about the site scale. I'm not going to go into too much detail on this, other than the fact that a lot of the bulk of your documents that we transmitted to you or that you were given to you as transmittal documents contains the language that discusses the site preservation, vegetation retention standards for a variety of the (inaudible). Future land-use elements provides the clustering land use. We have a variety of different management policies, and these are going to be applied in those areas where we direct the development to, Page 20 February 27, 2002 because even in those areas, there is still some habitat concerns, still some listed species concerns, so we proposed a set of vegetation retention standards and Wildlife Management standards that will still provide protection even in the receiving areas. Now, let me give you another term here. When we talk about when I talk about habitat concentrations within the rural fringe planning areas, what I'm talking about is how much what is the composition of the habitat within a particular designation. So let's look at the receiving areas. What we're saying here is 30 percent- receiving areas are 30 percent vegetated. That means on average 30 acres out of every 100 acres in a receiving area is going to have vegetation. But look how much vegetation composition concentration is within our very important areas. Very high concentrations of the of the - the parameter that we're looking at. Again, looking at wetland land cover, 20 acres, more than 20 acres out of every 100 acres have wetland land cover. And you'll see a similar trend here with regard to the strategic habitat looking at these parameters, crucial parameters to gauge our efforts in that proposal and to try to understand what the impacts of the total plan would be. So we've used that information to come up with site preservation standards, and what we've identified then is vegetation retention standards I'm going to focus on these standards for the presentation within a variety of area designations. So you can see that, going from less environmentally sensitive receiving lands to most environmentally sensitive, we have a spectrum here, a range going from 40 percent to 90 percent vegetation preservation because of the sensitivity to the areas. So we see that even receiving lands that we're proposing to preserve, 40 percent of the vegetation exist in receiving lands. So if the project comes to you, let's say five years down the road here, and it's in receiving lands, they're going to have to retain 40 percent of the vegetation within those lands. But remember, when Page 21 February 27, 2002 we look at the amount of vegetation that's in those lands, there isn't a lot of vegetation there to begin with. So there's ample opportunity to preserve that vegetation at the project site and still provide a high degree of movement status and still provide adequate protection even in the receiving lands. Now, the NRPA sending sending land NRPA has a very high preservation standard. On NRPA lands, 90 percent. We're looking at a 90 percent figure in our data and analysis, and we'll support that and you'll see later we're kind of targeting the 90 percent preservation for a couple different reasons. One is, a large part of the Collier County is an area of critical status. This was mapped out in the '70s, and the state established a 10 percent alteration standard within that big cypress area. If you will, that's almost like 90 percent preservation. So we're looking at using that as our benchmark. Our most environmentally sensitive areas, which would be the NRPA sending lands, will rise to that particular level. When we begin to look at now the effect of the impact of applying these preservation standards across our rural fringe area, we can then go, if you will, to the far right-hand column, apply the standards with all the information we presented to you before. What you see is, we can actually make an inventory, and we can crunch some numbers and come up with kind of a bottom-line figure of almost 60,000 acres of vegetation within the rural fringe can be expected to be preserved based upon this set of preservation standards. Now, again, get into a little bit here of set the stage for the TDR discussion because we're going I want to be able to show the board that what the effect will be from the TDR program in terms of the vegetation retention standards. So what we're looking at is, if we have we don't have any TDRs at all in the process. We expect that about 59,000 acres that you saw in the previous slide to be preserved Page 22 February 27, 2002 if we apply the TDRs on the sending lands, so that gives us an incremental gaining of vegetation preservation within the sending lands to 100 percent. That's what the TDR program will do for us. We can see we can preserve another 2,000 acres, roughly. We're starting out, I think, at a very good level, close to that 90 percent figure along the rural fringe with zero TDR utilization, and we're going to 100 percent utilization. We're getting above the 90 percent; 91.3 percent. Although I show the decimal places here, we're still talking 87, 88, 87 percent is the range. And just to show another point of reference here, there's about 54,000 acres of wetlands in the total fringe. I don't want to mislead you and say that means we're going to preserve all of the wetlands in the total fringe standards. You can see that that's not correct. At least this gives you a little bit of a benchmark to look at for comparison. One thing that a number of different speakers will touch on is the TDR program. I'd like to make one little point here, and that is, why do we need a TDR program if we've gone from zero utilization to 100 percent utilization? We're only going up a few percentage points. And the reason is, the TDR program does get us to that target of 90 percent, but it also provides compensation and value for the property owners in the sending lands, which we've really rafted up high preservation standards and we'll be cutting down reliable uses. So the TDR program, then, allows us to set those preservations standards high in those areas so that the individuals can still have value if they want to participate in the TDR program itself. So when we take this plan to DCA and say look at all these great preservation standards, we have to go to DCA and say we also have a compensating mechanism for the property, so that's the balance of private the balance for the natural resource protection, private property rights protection through the TDR program. It also gives us instrumental gain for vegetation preservation. Page 23 February 27, 2002 So let me talk about a little bit of the elements of that integrated strategy. And obviously this slide will be up here all morning, all day, but you do have this information in your packet and you can use it to kind of refer to the policies actual policies in the plan. At the landscape scale, if you will, the NRPAs, you have a TDR program. We've identified sending and receiving areas and allowable land uses. We have buffering requirements. And what we've done is cross- referenced for you those elements where they appear in your transmittal document the actual language that addresses those elements. Again, at the site scale, if you refer to these pages and references, this is where we have the clustering provisions, preservation standards, wetland protection standards, wildlife management standards. Again, staff is not proposing to go through the language for all of those, but that's the detail, if you will, that that supports the general framework that I've just outlined for you with regard to the whole idea of directing incompatible land uses away from the areas that we have as our highest degree of environmental sensitivity. And what we'd like to do now is just switch it over to Bob and talk about those those elements in further detail. MR. SMITH: Before we jump into land-use strategies, I'd like to give an opportunity to the chairman of the RAC committee, David Ellis, to give you a brief overview of their viewpoints on all the issues that you're being presented, and we thought between the environmental presentation and the land-use presentation, we'd give them a chance to give a few words of advise to you. MR. ELLIS: Good morning, commissioners. I'm David Ellis. I'm the chairman of the rural fringe committee now for about a year. Just real quick about the committee so you know the work that we've been through. For the last three years, we've met 54 times. Our average committee meeting was about two, two and a half hours Page 24 February 27, 2002 long. For every hour we had in the committee, I'm sure each committee member would tell you they've spent twice as much time reading and reviewing information and trying to understand from the point of view of the citizens or folks that aren't involved in this process how these things would work, and so when we went back with staff from our perspective, oftentimes they say, so how does this work? What would this really mean? To try to deal with those issues and try to filter them through that and also to give access points to the general public or people who have specific points of view to come and have input into that process. I can tell you it was a very it was a very involved process, and I can take you to my office and show you the big box full of materials and things we've been through. I don't want to boor you with a lot of the details today. I'll leave that to Bill and his folks, but I really want to take a few minutes and go over some thoughts from the committee's perspective. One of the things that has come out of this and frankly some of the things you won't have a chance to talk about are many of the points of consensus that we're able to come together during this process. We thought that was one of our jobs, as best we could, to try to find consensus in a lot of details in this program and some of the things you probably wouldn't spend a lot of time talking about, like clustering and density. We spent hours and hours and hours discussing, coming up with ideas and policies that we're dealing in hopes that those would be issues that you wouldn't have to spend a great deal of time on. I promise you there's a lot of hot spots left in that you'll have to make decisions on, but those are things I'm very, very proud of, which is in one of the vagaries in really looking at some of the preservation standards. The committee, the people that were involved and the staff were able to come to a census on the preservation standards in the primary receiving areas. Very important areas, and frankly, a consensus we Page 25 February 27, 2002 hadn't been able to come to in the past on previous studies of the very, very significant point. But I will tell you probably the most rewarding thing that happened during the process with one of our last meetings it may have been our last meeting one of the folks, in looking at the process, when looking to develop a piece of land in an area that's straddled in the rural fringe, we asked them to come back and say, with the tools that we talked about, the tools that are on the table, how it is to affect your development, what you're trying to do. And it was very rewarding to see it. They said, now if you were able to do this because you gave us (inaudible) as a tool, normally we would have had to perhaps effect or void this particular wetland area, but we were able to save it because of this tool you brought to the process. I will tell you, for two years of long, boring meetings, it was very rewarding to find that those things that had been offered up gave them the opportunity to do what Bill's been talking about, which is steer the incompatible uses away but still left an opportunity to use their land in a way that was economically viable. That was very rewarding to look at that process. But I will tell you, instead of going into a lot of details of areas of disagreement between our staff and the committee, I'll give you a few areas of quick advice to the committee in terms of what we saw. I will tell you, as we look particularly at state preservation standards and some of the other things, you're going to see individual snapshots of a lot of different areas that will regulate this land: Wetlands, preservation standards, all kinds of setbacks, NRPA requirements. They overlay. They create a cumulative effect on each other. Frankly, in the sending areas that the preservation standards that we just saw a few minutes ago, our committee didn't feel it was necessary to have those high of standards, partly because we didn't think they were particularly necessary, but based on the fact that there are a lot of other standards Page 26 February 27, 2002 that laid on top of that. I mean, the illustration I always had in my mind was I felt like we were putting on four rain coats and hip waders and carrying two umbrellas to go into the rain. There were a lot of protections in place already, and not to create protections on top of protection, they really probably were duplicative and cumulative that really in some cases would restrict people's ability to be flexible in their land uses. Another area that I would mention, and frankly it's one of the areas that we're going to spend a lot of time on today I'm very glad Dr. Nicholas is here. There's no more preeminent expert in that field that we've found. Our committee's perspective early on we looked at TDRs and said that's a tool we think would be helpful in this process, and we put it in, as Bill mentioned before, the tool box that we wanted to explore. It was part of our original plan. As we went in and looked at it, Dr. Nicholas came in. The one thing we learned in looking at those is, they had to be economically viable. We did a study and said, they're economically viable. And on our committee - I want you to understand because it could be a point of contention. Our committee was split in the end over how that process should be implemented into this plan. It's frankly a very complicated process. I'm better at illustration than I am at some of those details when we talked about it, and I said to our committee I said, I see TDRs in the way that if people have been thrown in the water and they're drowning, you need to throw them a some kind of a life preserver. One of the committee members said, I want to throw them a live preserver made of lead. Another committee member said, I don't think we should have thrown them in the water in the first place. And as we looked at it, I'll tell you, that was really a degree of concern. I think overall as a tool, it was acknowledged that this was a tool that has the potential to work, a great deal of concern about how Page 27 February 27, 2002 it would be implemented. The one bit of caution and again, back to advice, if you do go ahead with the TDR program, it seems like it's very much a part of the plan, I strongly recommend that you follow Dr. Nicholas's advice to keep it simple. That's one of the things we learned in looking at areas around the country that had these; they needed to stay simple. The last thing I would say in terms of this and one of the things that I try to carry into every meeting we went to, it's very easy when you're looking at these numbers and thinking about the process to think in abstract as if this land was owned by the county, all 93,000 acres, or if it was in a faraway land that nobody has any input on or any control over. When I think about that land, that 93,000 acres, a lot of it is controlled. Some of it is controlled by the government, but a great deal is controlled by individual landowners, and we have to keep them in mind. They're very, very, very valuable public goals: Preserve them for wildlife and wetlands, but we also need to be cognizant of those folks. These are places where they intend to build communities, continue agriculture, and at the same time to build their homes. So I realize I'm not giving you the answer to that, but keep that in mind because, as we look at this process, we try to stay very cognizant of that as we delve through these processes. There are several people here from the committee who I understand were going to be recognized at that meeting on Monday, but if there's any input you want from us as we go into this process as you go along, if you want our advice, we'll be available and, quite frankly, eager to help. Thank you. CHAIRMAN COLETTA: Those members that made all the 54 meetings over the 2-1/2 years, that comes out to the equivalent of six work weeks, five eight-hour days a week. I think that's a significant sacrifice you made for the community. And we'll get into that more on Monday, but we do appreciate your efforts. Page 28 February 27, 2002 MR. SMITH: Now we'll get into land-use strategies with Bob Mulhere. MR. MULHERE: Thank you. For the record, Bob Mulhere with RWA Incorporated. The slide that you see up here that you cannot read we don't intend for you to be able to read that box. I just want to let the public know that there are some graphic displays around the room in here and also out in the hallway that include both maps as well as this summary land-use table. That table identifies each of the categories receiving, neutral, sending and conservation and what uses are proposed to be allowable in this designation as well as the preservation standards and some other components of the plan. I just want to say at the outset that we recognize during this process that there were some smaller parcels by in the rural fringe assessment area that could be negatively impacted by the preservation standards because they were 10 acres or less, and so we did develop a guaranteed clearing for those standards, and that's included in your plan, which allows for a minimum of one acre to be cleared, regardless of where they're located, even if in the sending area with higher preservation standards and up to 20 percent. So it could be from one acre or greater to 20 percent. Talk about the permitted-based density. The plan alls for the base density in the sending areas to be limited to one dwelling unit per lot or parcel that existed as of the date of the final order. It does, however, allow for a transfer of the rights at the previous density ratio of 1 per 5. In receiving areas, the density the maximum density permitted has been increased in the plan to one dwelling unit per acre. There is another increase related to rural villages, but I'll defer that discussion until we get to the rural village discussion. In neutral areas, the density remains the same. It's 1 per 5, and there is no ability to bring in units in neutral areas or to send them Page 29 February 27, 2002 out. So that stays just as was permitted today. I already touched on the TDR density, and I'm going to discuss the rural village standards in just a few minutes. I do want to move on and talk a little bit about let me just go to TDR because I want to bring Dr. Nicholas up. He's got a presentation, and I certainly want to get his presentation here early in this process. Just let me say a little bit about TDRs before Dr. Nicholas gets up. I think we've already got a good understanding of the sending and receiving designations. There's just a couple of components I just want to address about the TDR program before Dr. Nicholas gets up, and that is that, in addition to being able to send dwelling units under this plan from sending designated lands to receiving designated lands within the rural fringe area, there is also a component that would allow for the transfer of units into the urban area on a limited basis of up to one dwelling unit per acre for a qualified infill developer. The rational for that is to ensure a strong market in the TDRs, and also because that really is where we want to see some increased density is in those smaller infill parcels. By the way, those would be limited to 20 acres or less and surrounded by existing development. We already have infrastructure in place to support this. With that, I'd like to introduce Dr. Nicholas, which is right in front of me. Thank you. Dr. Nicholas, as David Ellis indicated, participated all along in this process, and we're very fortunate to be able to get the professional assistance of Dr. Nicholas. He is a national expert on the TDR process and has had quite a bit of direct experience in a number of locations throughout the nation where I'd say where both TDRs have worked well and where TDRs haven't worked so well, and so he's able to shed some light in the development of this process so that we can develop a program that we felt comfortable would work well. Remember, the TDRs are not a tool that we have developed Page 30 February 27, 2002 primarily to enhance natural resource protection; they are a tool that we are proposing that will allow for compensation to property owners as a result of the elements that would provide the natural resource protection. Thank you. Dr. Nicholas? DR. NICHOLAS: Mr. Chairman, members of the board, ladies and gentlemen, it's certainly a pleasure for me to be here with you and talk about TDRs. Let me begin with perhaps some candor. You, as commissioners, probably already know, and probably most the people in the audience know, the record of TDRs is very poor. Most TDR programs don't work. Some do. Obviously what I'm going to concentrate on is the ones that do work and what they have achieved. And along the way, I want to point out why they have worked; and, as a counter position, why the others have not worked. And hopefully in the end, what's become of this is some insight into implementation management to the extent that you and the community decide that this is something worth pursuing. What I'd like to do is go over some other experiences with you. I've selected three: Montgomery County, Maryland; the Central Pine Barrens of Long Island; and Southampton, New York, which is also on Long Island. These are not the only three, but I think they bear some relationship to the issues that you are dealing with and perhaps can shed some light on it. Here, what I tried to do is to give you a sense of what they were doing in these communities. So looking first at Montgomery County, Maryland folksy. It's suburban Washington, DC. There's Montgomery County up here. And major communities are Bethesda, Silver Springs, Potomac. Oh, Mr. Chairman, let me point out, if something I say along the way creates an issue or a question, I'd be happy to take it as it comes Page 31 February 27, 2002 up or at the end, as anybody sees fit. CHAIRMAN COLETTA: Thank you. DR. NICHOLAS: Bethesda, Naval Hospital, country club and perhaps well-known components of upland Montgomery County to urban Montgomery County. The neighborhoods are pretty well off. There's tremendous demand here on suburban Washington. Moving up into Chevy Chase, there's a variety of the housing, of course. Silver Springs. Potomac, which is the newly developing areas. And here's a brand new home in Germantown. Can give you a sense and here are the rural areas that they were concerned with. And what they wanted to do is to maintain those rural areas not only as rural but also rural in private ownership. They had a commitment to the continuation of agriculture in this community. Here we're just getting a sense of it. Now, as you may know, the Potomac River borders Montgomery County, separates it from Virginia, and they included the Potomac River, their part of the Potomac River, in their preservation program, part of what they're trying to do. And here we're looking at the river. What they wanted was the Great Falls, perhaps known to many people. The B & O Canal goes through there also. So those are the vistas. Now, here is what they were coping with: The growth of Montgomery County annual change every year, 12,381 people on average; 1.6, almost 1.7 percent per year. The type of numbers that we're getting used to here. But great growth because it's a very nice community. It's a nice place to be. A lot of people wanted to be there. And of course, you've got exactly the same issue here. And of these, almost 13,000 people coming in a year, new people need 3500 homes per year in Montgomery County. Between 1980 and 2010, they will need 103,000 almost 104,000 new homes. And even with the TDR program, they're going to meet that market minimum. Page 32 February 27, 2002 COMMISSIONER CARTER: Can I ask one question? I don't like to interrupt. Can you tell me what your building rate is. DR. NICHOLAS: I'm sorry, sir. I cannot. I don't know. CHAIRMAN COLETTA: Good question. DR. NICHOLAS: Now, if we look at that 103, 104,000 new homes and then try to convert that into land use obviously each one of those new homes consume one acre you have 103,000 acres, which would be 30 percent of the county in those new homes. Obviously figuring in here the density from two per acre, three per acre, certainly it goes down. So what they saw was growth trends that were consuming substantial portions of the land area of the rural/scenic/agriculture area, which they thought was a matter of concern. And here we'll just look at a map of it. Here's the urban areas. This is approximately three years ago. So locating our cities and of course, Washington's to the south. Active agricultural areas, the rural nonagriculture. Basically, that's horses, the horse areas, which is an important component of their society and also their economy. And so we've got a fair number of active agricultural areas. And urban is simply large lots, and preserving those areas in green, all shades of green, is what they were after. Our sending areas and our receiving areas, from one to the other, basic policy was to stop that from becoming that. And of course that's that new home in Germantown. And Germantown is one of those areas that's moving into the agricultural areas. And, you know, if you look at that, it's certainly a nice home. No one's taking anything away from that, but what they wanted to do was have that nice home elsewhere and of course to keep the agriculture going. How do they do this? They adopted agricultural zoning in the sending area, enforcing a minimum lot size of 25 acres in the agricultural zoned areas, provided for infill development in the urban Page 33 February 27, 2002 areas. These were their receiving areas, and they had a variety of different housing styles here. Of course, we see largely apartments or I think actually those are townhomes. The others were were a villa variety. Some were single families, and a variety of difference there, but much more an urban scale than you're talking about. But of course, it's much more of an urban area than is Collier County. They purchased conservation easements from agriculture lands sorry. I meant to give you the appropriation of that. We'll deal in a moment with how much they have to purchase, but they have been purchasing easements and obviously using a TDR program. In addition, though, they refused to expand the roads within and into the rural areas. You've got your basic two-lane road configuration. They would not extend water and sewer into the infill areas, so we're not going to provide the infrastructure for urban development. And they adopted, enforced and defended a transferable development rights program. This is one of the earlier ones they initially adopted in 1981, and so it went through a fair amount of litigation on this. We now have 21 years of experience under their program. Open space preserve. They have purchased easements on 93,000 acres. Forty thousand acres have been protected by transferable developments like TDRs. Gives us a total of 42 percent of the Montgomery County; 133,000 acres have been protected by a combination of the two. And of course, as Mr. Lorenz was going through, you already had a major acquisition program going on here and so you basically have the makeup of the same type combination program. Now, if development in Montgomery County had been allowed to continue in its sprawl pattern we looked at the growth from 1980 to 2010, this is what it would look like today. There would simply be Page 34 February27,2002 none of that land. So what they have done is and through the combination of programs and they have preserved those rural areas. For the sending areas the TDR program, the sending area property was allowed one dwelling unit per 25 acres. Hopefully it would be a farmhouse, but whatever it was, 1 per 25 acres. One TDR was allocated per five acres. So if you had 25 acres, you get one home and five TDRs. A TDR sells for approximately $10,000 in Montgomery County. Montgomery County will not rezone in the sending areas. Agricultural zone, 25 acres. That's that. And the only way to increase density in the receiving areas is with TDRs so that the council is very supportive of the program. CHAIRMAN COLETTA: Excuse me just one second, sir. I'm going to have to ask you to refrain from talking during the meeting or take your conversation out in the hall. We've waited a long time for this. UNIDENTIFIED SPEAKER: We've got the same thing back here too. CHAIRMAN COLETTA: that goes for out in the hall, too. Mr. Perkins, I appreciate that. And Please continue. DR. NICHOLAS: Yes, sir. Go to Long Island, central part of Long Island, what they call the Central Pine Barrens. There are three major northern pine barrens on Cape Cod and in New Jersey, and then the Central Pine Barrens here of Long Island, and this is the one we're going to be looking at. And here is just a closer look at them. And there are two key areas here: The darker green and the lighter green. The darker green is what they call the core area, 55,000 acres. This is the area to be preserved. It's surrounded by the lighter green area, what they call the compatible growth area, which is almost 50,000 acres, 47,500 acres. So somewhat proximal-sized areas. But you can see they're largely closely related to each other. The areas are split between the municipality of Brook Haven, Riverhead and Page 35 February 27, 2002 Southampton. So the desire was to take the development from the core area and move it outside into the compatible growth area. Now, why? We've got sandy low-fertility soil along the center of the island. You're familiar with Long Island. I have so me pictures of them in a few minutes. Under that sandy soil is a sole- source aquifer. It serves 750,000 people. So they were simply building on their aquifer recharge area. There's also habitat, threatened or endangered species. To give you a sense of the area, here are the pine barrens. They're called "barrens" because you can see the sand through there. It's simply not fertile soil. Some of it looks a bit like south Florida. It has a regular similarity, especially in the soil types, to coastal south Florida. And again, the soils in here are the recharge area for that aquifer, these properties in private ownership. Here again, you see similar type of soil. Very sandy low fertility. And that right there is Montgomery Road. And then you can sort of see out. We're looking out to the south towards the Atlantic. Here we had legislative action. The New York Assembly passed a Long Island Pine Barrens Reserve Act. It created a commission and authorized the commission to develop a plan. It required the three local governments to adhere to that plan, so in many ways it's a regional approach with the three municipalities being implemented as agencies. In 1995, the commission adopted the plan and then designated the core preservation area, the compatible growth area, and the plan called for a TDR program to shift that growth. Part of the area is the Mullica River, which is similar to the Florida River. As you can see, that's the river we're looking at. So it looks much like the Everglades. And what this TDR program did is, it allocated one development right to each buildable lot within the preservation area. So there's no change in the existing zone. Page 36 February 27, 2002 Initially they considered changing existing zoning and ran into so many problems with that that it and it's so complicated that they backed off and said let's try and do something that doesn't require the zoning of property. In Montgomery County, they did. The property that's initially zoned at one unit per five acres, they've now zoned them for one unit per 25 acres, and that was the basis of so much of the litigation and so much of the emotion in the whole thing. And I think what Montgomery County has taught us, when you have an attractive TDR program, you may well not need downsizing. And so focus on the economic feasibility of your TDR program, and downzoning becomes less and less of an issue. And certainly the experience here in the Central Pine Barrens has indicated that's the case, so existing zoning was not touched, and it greatly added to the ease of implementation. Now, I don't want to suggest, Mr. Chairman and members of the commission, that it was easy. But if we contrast the two, it was much easier. A major factor was an eliminated. They, like Montgomery County, did not provide for any development infrastructure within the preservation area. That's it. There weren't going to encourage or support development in those preservation areas, rather to make it attractive to development elsewhere. And then they authorized increases in the development in the path of compatible growth area. And again, I'll get in a little more details on that, but those increases in development were by right. And that was very, very key to this program working. The commission created a pine barren credit clearinghouse, which was a not-for-profit corporation. It was not a public agency as such. And it was related to the local government, but not part of it. And this credit clearinghouse was to design and implement a TDR program to be known as a pine barrens credit, or PBC. One of the Page 37 February 27, 2002 reasons, they wanted to get away from the name TDR because of the bad connotation of that, so they called it a pine barrens credit. In New Jersey, which has another famous TDR program, there they call it Pinelands Development Credits, PDCs. In Dade County, they call it severable use rights, SURs, and in Montgomery County, they're called TDRs. A rose by any other name is still a TDR, but that's what they did. Now, they developed a program that had the maximum likelihood of the PDRs having significant value. And of course the significant value is a key part of the whole thing. And they worked with the landowners to calm their fears, and to some extent that worked, especially when the downzoning was removed as an issue. They worked with builders and developers to create interest in the program and to design a program that would be of value to them. You heard Mr. Ellis just before I came to talk about that and how it was a success, such a positive thing. It was one of the things that you have done also. Simply worked with these people, the builder groups and developer groups. How can you be made interested in this and cause you to buy into it. And then they obtained funds from the New York General Assembly, $8 million, and those monies were to be used to offer to buy the rights, which they did. Now, if they were to buy the rights in total, it would cost about 250 to 300 million. They had 8 million, so of course they could not get come in there and try to engage in buying it up. But that $8 million played a very, very key role. Much of the calming the fears of property owners is when money is on the table, their fears get calmed. And that's what this was for. And again, all they had was $8 million, so they had to come in and design a program that would work that did not overcommit, because the worst thing we could possibly do is offer to buy more than we could pay for. A credit clearinghouse came in and purchased a number of Page 38 February 27, 2002 PDCs from individuals at an average price of $12,000. And what they did was simply reverse auction; who will sell us rights after they simply bought the lowest price. Exactly what they did. And they bought about a million and a half dollars' worth. Average price of 12,000 is what they paid. They auctioned those rights off a little over a year later. The price is up to $35,000, and the whole time I was involved with this, when they were offering to buy rights, they kept telling everybody, we think they're worth more than you're willing to sell them for, but if you want out, tell us how much you'll pay and we'll buy it. Now, of course with the reverse auction, they could control how much they were going to spend, which is a key part of it. Again, if we offered to buy more than we could, we've undercut our own program. Now, needless to say, with market prices of up to $35,000, no one wants to sell to the credit clearinghouse, and it created a huge problem. The credit clearinghouse said they don't make any profit. So what the credit clearinghouse has decided to do is to return that profit to the people who sold them the rights at less than market value, because the objective here was never to make a profit but rather to simply support the program to put money on the table. People who owned those lands could count on it. Now, they could only count on approximately $12,000, but at least that is something that is known. I can take that and leave, or I can stay around and hope to get more. And certainly that has turned out to be the case. So that decision to divide up the profit went over very well. The State is being paid back the $8 million. As an aside, in a simpler program which copied in New Jersey, the State of New Jersey put up $35 million to support a TDR program. They were purchased, resales, substantial profit, and now they're fighting about whether or not to turn the profit over to the Page 39 February 27, 2002 state or return it back to the property owners. Hopefully you might have those kind of problems to deal with. COMMISSIONER CARTER: Our worst problem would be to get the state to do it. DR. NICHOLAS: Yes, sir. In both of those instances the state was the source of the monies, and in both instances the monies were low. However, there was no interest charged nor any time set for repayment. So, you know, that's a very nice type of loan. CHAIRMAN COLETTA: Was this considered a component of our plan at this time? DR. NICHOLAS: Mr. Chairman, all I can do is tell you the experiences elsewhere, and these had been important parts of acceptance. And I think I'd have to turn it over to others. MR. MULHERE: These issues were considered, but really these all fall into the next phase. The next phase is when we develop the plan. And then when we developed the LDRs, and we talked about whether we wanted to go through a bank or a clearinghouse and whether or not we can find some funding sources. So first, we establish a policy that they were considered, and certainly they're going to have to be considered much more specifically in the months to come. CHAIRMAN COLETTA: I think you just answered they will be considered in months to come, because I think some kind of insurance will be very difficult to DR. NICHOLAS: I describe, Mr. Chairman, rather than prescribe. But there was a lawsuit, and what happened was the individuals' value of their TDRs was greater than what they had paid for the land, and that ended the lawsuit in a heartbeat. So if we look at the preservation area of the property owners of Long Island, did they have actual economic use of their property? In theory, yes. In theory, yes, because the zoning was not changed. But Page 40 February 27, 2002 the reality was no, because there was going to be no infrastructure. And so while they were not altered, or I guess (inaudible) the lack of infrastructure meant that any potential for development of property had been substantially reduced. But did they have a demonstrably usable TDR? Absolutely. The clearinghouse stood ready to buy, and there were market prices established where they could sell. Not only that, real estate brokers brokered them. And I guess I should have brought some of these things. You can see ads in the newspapers for people to buy and sell TDRs, which is exactly what they want if you're going to have a TDR program. Could they appraise the TDR? Sure. Not only that, banks are loaning against them. And from a bank's point of view, if they had to take property with the TDRs attached to it, they can go right to the clearinghouse and sell the TDRs to the clearinghouse at a low price or on the market and get substantially more. And then the uses of the TDRs in the areas were by right. So when someone came in and bought the TDR that (inaudible) and I asked the question, shouldn't they have won the lawsuit? Yes, of course. I'm not totally unbiased on this of having worked on it, but I think it's a marvelous program. In fact, it worked so well that Southampton wanted to extend the use of TDRs outside the pine barrens over into this section and found that Riverhead is doing the same thing for all of this area that abuts the Central Pine Barrens. And they've been so popular with everybody, including the property owners, so Southampton is now going into a TDR program here. Their first phase was a total cluster. I want to show you what they were able to do with total cluster, and they're now in the process of converting that, a total cluster program to a TDR, sort of if you will, sort of baby steps along the way. To give you a sense of the town of Southampton a nice place. (Inaudible) would really love it. A very walkable place. Nice area, Page 41 February 27, 2002 nice homes. Many of these homes originally were weekend homes. Now they're largely primary homes. And here are the rural areas that they wanted to keep rural. A lot of horses horse activity up here. Vineyards, big activity. Some pretty decent wines come out of Long Island. But this is this is showing here what they were mainly interested in is these vegetable stands, that they're very important to the community, these vegetable stands. And you can see them many places. There's the Montauk Highway going right through the farm areas on both sides. Corn. Now, this property we're looking at right here is very close to the Atlantic Ocean, less than half a mile, and it's very valuable. Very valuable. And you can see it's very developable. But the community likes it to remain agricultural. They like it. The farmers are not particularly interested in selling to a private financing of that, and of course that's the dilemma they're dealing with, and it's the universal dilemma. But this property is very developable. Here again, different agricultural photographs. But this is what they want to preserve. Now, where did the development go? There. Here's the agricultural. As a matter of fact, we were looking at it a moment ago. Now I just simply put it on zoom lens. There it is. Over there. See it? That's not a farmhouse. Let me here's agriculture development in here. Here is our barn. See it back here? Now, that's a barn. That's part of the farm there. That's not over here. Here again, we're looking across the farm to a cluster subdivision and to give you a sense that those homes are pretty nice. Here we put it on full zoom. That's a fair-sized unit. And you can see it is right against the agricultural active agricultural area. So that's cluster zoning what is they used there, and now they want to go to TDR because cluster only has relatively limited opportunities because you require largely single ownership of the parcel in order to make cluster work. Page 42 February 27, 2002 Now, how to make a TDR program work. Engage stake holders. We're obviously doing that. But I think it's beyond that. I think it's a matter, of course, of working constructively with them rather than ramming it down their throat. Identify a sending area from which development is to be transferred. You've done that, or at least on a proposed basis. But is there public support for that sending area? Because that's going to be very important down the line. Is there landowner developer support? That, too, is very important down the line. Establish the remaining residual uses available to those sending properties. Once they're developed and rights are gone, what can they do with the land? Can they farm it? Can they use it for mitigation? Can they sell out the mitigations rights to DOT or something like that? Those are very important to the remaining economic value of these parcels, and those need to be clearly established in your zoning regulations Alternatively, if these are supposed to be for conservation areas, there will be few, if any, remaining rights. But one of the things we've learned up north in some of these programs is that (inaudible). There's still mitigation areas become valuable, so that still is a viable economic use of the land. And the other thing is that especially wetlands. Those are wonderful places for cell towers, and the wet ground actually enhances the effectiveness of cell power, and that has, again, substantial value. Now, you may or may not want to consider those, but those are the types of things that are developed in these other areas to try to provide the maximum remaining economic value. And then identify our receiving areas. There's never public support for receiving areas, not when you get down to where the rubber meets the road. That's always a battle. Now, hopefully the broader picture, as it was in Long Island, we were able to keep the Page 43 February 27, 2002 public's eye on that because they really wanted that horse preservation area maintained in Southampton. They really like that agriculture area there, and so the price of that is the receiving areas. Now, I think it's important to come in with estimated TDR values and allocate those values to sending properties, because who what we're doing here is to trying to create value. We want to create residual value and create a value of the right. Now, if that's going to be done, we have to have some sense of what it is, and then that establishes the basis for going in and protecting that value, to the extent you do, with some type of support program, acquisition program or whatever, as they did in the Central Pine Barrens. You need some sense of value. What is that value. Make TDR use by right in receiving areas. That has been the number one reason that TDRs have failed, is that you don't know what you can do with them. If you don't know what you can do with them, what are they worth? The city of New York had a TDR program where all it was was simply a ticket to the negotiating table. Well, you don't need a TDR to sit down at a negotiating table. The owner of the property at issue, a gentleman by the name of Fred French, sued the city and won. And what the court simply said was is, if you're going to be offering something like this, it has to be substantive. It has to be substantial. We had some litigation back in the U.S. Supreme Court in '97 1 believe, (inaudible) versus (inaudible) Planning Counsel. And there the majority of the court came in and said if we're going to be looking at TDRs, these things have to constitute meaningful market value. In order for these to have meaningful market value, they must be used as by right. Otherwise, an appraiser cannot can never (inaudible). It's just simply a guess. What is it worth? And you know that's not going to be acceptable in the program nor is it going to be acceptable out in the community. Page 44 February 27, 2002 I will advise you, Mr. Chairman and members of the board, that if you can not agree to use it by right, don't touch TDRs. We don't need another failed TDR program around the country. There are too many of them out there now. This is the number one reason that they fail. The use by right counters the lack of willingness to have increased density nearby and gives that real value. Now, the stress is always that people don't like increased density. And I know you're well aware of that. But that is what is the value creation. Make it all part of a comprehensive plan. Of course, that's what you're doing. COMMISSIONER OLLIFF: Would you take a moment and explain to the board in sort of local terms what use by right would mean for us. I want to make sure the board understands. MR. MULHERE: Absolutely. And this proposal does allow for the use of TDRs by right. That is that where we propose to allow units in the receiving lands, those property owners, once they've acquired units from the sending lands, do not have to ask for the board's permission through a rezoning process to use those units. They can develop up to that maximum density that we've established, that one per one by right. It doesn't mean they don't have to go through a subdivision process or a site-plan process or some other review process; it simply means that they don't have to go through that zoning process to be able to use those TDRs in the areas where we've identified as being appropriate. And of course, the opposite including the opposite is equally true, that, as Dr. Nicholas indicated, the primary reason why TDR programs fail is that by-right allowance is not included, the same thing would hold true if you look at it the opposite way, they've also failed where there were other mechanisms to the increased density. I'm sure Dr. Nicholas was probably going to get to that. If I simply walk in and rezone my land and ask you for an additional three units in a receiving area, then I certainly am not going to go out and buy TDRS. So that's the flip side of that. Page 45 February 27, 2002 DR. NICHOLAS: Undertake efforts to assure these values. Now, the best way, of course, is what we just saw: Put your money where your mouth is. That's the best way. There are other ways. Montgomery County has a very successful program where they did not in any way provide financial support to the program. However, they supported it in every other way. But the best, again, put the money on the table. Engage in TDR purchasers, encourage TDR brokering. Nurture the program. This is not going to be enacted and simply allowed just do develop. It's going to have to be nurtured if it's going to work. Seek out TDR opportunities. And there will be many that will come forward to you. And what Bob Mulhere just said, do not improve developments that undercut the TDR program. Again, if you can get it for free, why pay for it? And the Board of County Commissioners, the LPA, civic groups and others are going to have to love this. They're going to have to see that this is something that this community can get behind and support. And that's been the key when we've seen successful PDR programs, is the public thought it was important. And that's what made them work. And that's what gave the commitment to the negative side of it, which is use by right and also saying the only way they're going to be rezoned or pardon me to get higher density is through the TDR. Nurturing, put your money where your mouth is, and I can't believe I left this out, because Mr. Ellis mentioned it: Keep it simple. These things get complicated enough on their own. At every mm, make it as simple as humanly possible. Put the property owners through the fewest possible hoops on either side, on the sending side or on the receiving side. Here I just want to show you an example of a use-by-right table. This is from a community, a TDR community, and this is in their Page 46 February 27, 2002 zoning ordinance. Allowable uses, under residential: Without PDR of one per acre with PDR 1.25 per acre. So they're not changing the fundamental land use with that here. Two per acre, 2-1/2. Now, what's before you now is somewhat different, but I simply want to show you that that is in the zoning ordinance, and so somebody simply has to come in and meet your performance requirements, subdivisions regulations, et cetera. If they have TDRs, it's then approved. And you can see they also here extended it to hotels and to retail. Now, at this point, I don't think you want to go there, but in the future, if this works or as Southampton and Riverhead are doing, it worked so well that they want to extend it into other areas. Riverhead right now is looking at converting to nonresidential development rather than confining it solely to residential for the future. That might be something of interest. CHAIRMAN COLETTA: Dr. Nicholas, at this point in time we're going to take a five-minute break. DR. NICHOLAS: Yes, sir. (A brief recess was had.) MR. NICHOLAS: Mr. Chairman, would it work here? Of course, the real answer for me is, I don't know. But let me go through what I do know and see if I can apply some of the lessons we've got from other areas. And of course, where have all the open spaces gone? And we know, you know, that there's tremendous development pressure, and for all the logical reasons, you could make that into a subdivision. Where will this be? Of course, obviously what we're here for is the rural fringe area, a relatively limited area; although, I think you might notice the proximate sizes to the Central Pine Barrens in Long Island, about the same size area and the same somewhat geographic locations with respect to each other. Now, I want to run you through just a little bit of the numbers. Page 47 February 27, 2002 Very, very few, but why what we've got here. And here we're looking at the price per acre. And we see the typical pattern of as parcels become larger and larger, the price per acre gets smaller and smaller. And then what we're going to be dealing with, of course here is properties down here. And what we're in effect going to be doing is, we're going to be taking properties that are zoned 1 to 5 and in effect going to allow them to be developed in smaller increments, so we're moving up our value curve. And here we look at price per buildable unit. Now, these are all prices in the rural fringe area, so we're not looking at the urban area. And what we see here, of course, is the bigger the parcel gets, the the price rises, but it rises at a diminishing rate. And what we're going to be looking at again here is prices down in this area. Now, here we're looking, of course, at the land price, not the unit price, and here we've got sending area parcel prices. So what we're going to be looking at again, here is parcels in this area. So we've got increasing at the decreasing rate. It's a very typical type of market patterns. Now, perhaps you've had an opportunity to thumb through the extended report, but let me give you the conclusion of it. That market density in the rural fringe area if you had no zoning restrictions at all, it appears that the market values would be maximized at approximately one unit per acre. This would be the market out in that area. Now, of course, it's going to vary from parcel to parcel. Some are going to have more density possibilities and others less, but looking at the area and the values, they work out to be about that. And we can go back to the prior and we can see again, here is the area that we're talking about, prices in this range. And what we can see is what we do is, when we provide for smaller parcels that can be put on the market place, the value really jumps upward. Again, Page 48 February 27, 2002 where is it maximized? Down around here in in the one-acre density configurations. So what we're talking about is taking five-acre parcels and allow them to go to as small as one acre. So what we're doing is, we're moving right up that value curve. And you can see that from the five-acre on lower of course, it keeps on going down, but most of the depreciation has already occurred. And when you keep by the time you get to ten acres, you've got again, most of it most of that effect has taken place. So here's where we're moving. This is our area, so these are the values you are picking up. Now, how would it work here? The value added by an additional unit in the receiving area will be greater than the value lost by reducing that unit in the sending area. We're stepping up in value is what we're just looking at. The value added in a receiving area, I estimate on average after transactions, cost $18,500. The value lost in the sending area, I estimate $15,412; gain from transfer, $3,000. So we're stepping up in value. Now, again, here we're looking at averages, norms and factored- in transactions costs here, because what we just saw would indicate that you can go up 20 to 40,000 dollars per parcel while I'm carrying that 18,500, figuring transactions cost, and if we have any surprises, we want them to be good surprises, not bad surprises. So I'm keeping this at low values. COMMISSIONER HENNING: Before we continue on, I think that's an important slide, backing up. You took a look at the value today's marketable value of lands within the rural fringe, correct? DR. NICHOLAS: Yes, sir. COMMISSIONER HENNING: And the average value is 15,0007 DR. NICHOLAS: No, sir. COMMISSIONER HENNING: Okay. DR. NICHOLAS: What I did was, I did an analysis of I believe Page 49 February 27, 2002 it's 1200 parcels in the rural fringe area, and using that was able to estimate what would be the effect on a rural fringe area parcel to lose its development right, which is $15,000. It would go down by 15,000. It wouldn't go to zero, but it would go down by 15,000. And then what is the effect in the receiving area of adding a unit, okay? Now, that's 20 to 40,000; however, we're going to have transactions costs here. It's not going to happen for free. That's why I'm using 18,500. COMMISSIONER HENNING: Okay. And you looked at all different kinds of parcels, five units up to DR. NICHOLAS: Yes, sir. We had about 1200 parcels, and some of them were very large. Most, of course as you know, most of the parcels in this area are approximately five acres. A number of them are less than that. So we have a good range of parcels. The average sized parcel in the urban fringe area is 4.8 acres, but we've got significant variation about that average. COMMISSIONER HENNING: Okay. DR. NICHOLAS: There's every reason to expect that a TDR program could be successful in Collier County if stake holders are engaged, the sending area is established in the plan, residual uses of sending properties are consistent with the preservation goals. But we need to don't lose sight of that residual use. Very important component of this, because it goes right back into what we just talked about, Commissioner Henning, in terms of how much did the value go down in the sending area. Those residual uses, of course, keep those values up, and you want them as high as you can, given, of course, all of the preservation goals that Mr. Lorenz was talking about, and you're going to have trade-off there. But clearly, the greater the value of the residual uses, the better from the property owner's perspective. TDR use in receiving areas by right. It must be by right; Page 50 February 27, 2002 otherwise, those values we're talking about become illusionary. And we can focus in on what would be the loss, but if we can't focus in on what the gain is, how could anybody buy into it? TDRs should be allocated to sending areas by a predictable formula, so, again, people know what they have. If they have one unit per existing zoned unit, that's easy, or one unit per five acres or whatever it's going to be, somebody who knows what property they have, they should be able to identify how many rights they have. And this is really essential to their trading them, and you want to encourage people to trade in these. Again, the key to value. And efforts are taken to ensure the values of those rights. We've already discussed that with you, what that might or might not mean, but that has proven to be a very, very important program elsewhere. But let me say that there has been a number of successful TDR programs in which there was no purchase of rights, but you sure can increase the acceptability of the program and the speed with which it picks up and begins to work by such actions. You're going to have to nurture the program. We've already talked about nurturing. You're going to have to put your money where your mouth is. If all those things happen, it should work here, because the key element is, you're moving up the value scale. You're trading off a more valuable use for a less valuable use. And as long as you are moving up the value scale, people are going to voluntarily participate, and that's the key element. So if it can be kept simple and if it can be kept at the point where there is an economic inducement, then the program should work. That concludes my comments, Mr. Chairman. CHAIRMAN COLETTA: I'm sure there's questions on behalf of the commissioners. May I I'll start off myself. One of my concerns is the value of the land itself. I don't know if this is going to work in the equation or not, but in some cases where there's a road Page 51 February 27, 2002 leading up to the property or it boarders on the urban fringe, that land has value of, say, a base of a thousand dollars. My concern was, is that something that's in the middle of the sending area that may be wetlands and never had much in the way of evaluation are all values remaining constant from one end to the other in this particular plan that we have? DR. NICHOLAS: Mr. Mulhere is the one who's dealing with that, so let me hand that question off to him. CHAIRMAN COLETTA: I'd like to hear from you, too, how this was handled in other areas. DR. NICHOLAS: I'll be happy to. MR. MULHAIR: Starting out, the premise of the program was not to discriminate between property owners and their ability to participate in the program. The initial and the primary objective of the TDR program in the rural fringe area is to allow for some compensation back to the property owners for lost value in order to protect the large connected wetlands and habitat systems. So we did not propose to differentiate values. We primarily, we felt that that would make the process extremely complicated and would be contrary to Dr. Nicholas's admonition to keep it very simple. There will be a value established. The value will change from the time when the initial purchase of for example, if there is an initial purchase of TDRs through a bank, when that initial purchase occurs, the value is going to change. All indications are that the value will increase and we'll have to deal with that process. But there is no there is no proposal to try to differentiate between the value of a unit in a piece of property that may have wetlands or be further removed from the urban area. The whole rural fringe area itself is in close proximity to the urban area. And I think the values don't show significant differences in terms of whether there are you know, there are some differences, Page 52 February 27, 2002 but they're not significant in terms of whether they're located close to the urban area or surrounded by the estates. All of the values are fairly constant out in the rural fringe area. So there is no proposal to differentiate between a TDR that might come from a piece of property that has wetlands, because the whole purpose is to move that development right off of that to protect that natural resource. And then of course, as you look at larger parcels under the county's current allowances of one per five, you can develop that land at the gross density. You, of course, would have to shift those units to areas that would support the development and avoid the wetlands through the regulatory process, but you can develop potentially the entire density that you have, the gross density by right of one per five on a piece of property. And so even though you may have a hundred acres that has fifty acres of wetlands, you can still develop all twenty acres that you're allowed to by moving them to the developable portion of the property. So there still is a value, and the value isn't necessarily differentiated because you have some environmentally sensitive land on there, at least not in our proposal. CHAIRMAN COLETTA: Dr. Nicholas, does this remain constant with the successful land transfer of development rights compatibles that you gave us? DR. NICHOLAS: Let me try and answer your question by telling you what others do rather than try to interpret for you, and then you can come to your own conclusion. Most jurisdictions do not try and deal with subcharacterizations, subclassifications of the property for much the reason Mr. Mulhere said. Some do. Now, in the Central Pine Barrens, you didn't have a single zoning classification on the core preservation area. There were many different ones. And so when they came in and said we're not going to downzone, that had different effects on different property Page 53 February 27, 2002 owners, and some of those properties are presently zoned for one unit per acre; others for five, some at ten, some at twenty and some at forty. So you already had some spreading out of that. And largely that zoning was consistent with at least the presumption of developability. The closer the parcels were within one acre, of course, the more remote were the 40. So you had that there. Now, of course they didn't change that, so it was built into the prior zoning. Now, in Dade County, there they had a single zoning classification over the entirety of what they called the East Everglades. And that was one unit per five acres. Now, they, in Dade, felt that they needed to recognize the different equities. If you're familiar this is a property from Chrome Avenue to the park. And they were working on the premise that the properties closer to Chrome Avenue, which tended to be somewhat upland if not actually upland, had greater development potential and therefore should get more consideration than properties more remote from Chrome Avenue. And that's exactly what they did as they then came and allocated TDRs on a different ratio to those properties than to other properties. And once the TDR allocations had been done, there was no difference in TDRs. A TDR was the same thing, regardless of where it came from. Some jurisdictions have created different types of TDRs. Nightmare. Don't touch it. Don't touch that one. But what they did in Dade County was said, okay, if you are in what they call area one, you have one TDR for, ! believe it's 2-1/2 acres. And then if you were in area five, which is the Stark River, okay it's a recognized river, even though the it's privately owned property. You have one TDR per, I believe, 20 acres, if I'm recalling correctly. Trying to recognize that. And of course, it introduced a degree of complexity to the plan, and they fought like cats and dogs on where do you draw those lines Page 54 February 27, 2002 between them because, you know, these were substantial dollars involved. So, Mr. Chairman, I'm sorry for the long answer. CHAIRMAN COLETTA: I understand that, and I appreciate you giving us the benefit of your experience. A question: Would you be available for Monday's meeting for the when we have the open public comment, at least for that part of the meeting? DR. NICHOLAS: Mr. Chairman, as you know, I sing for a living at the University of Florida, and Mondays are my heaviest teaching days. I will do everything in my power to make myself available, but Mondays, sir, I'm sorry, I cannot. I have so many classes on Mondays. I will be delighted to make myself available on any day that I can, but that I could not do. I'm sorry. CHAIRMAN COLETTA: It doesn't hurt to ask, Doctor. Thank you. Commissioner Coyle? COMMISSIONER COYLE: Dr. Nicholas, how easy is it for you to find this slide and DR. NICHOLAS: I'm sorry, Commissioner. I can't hear you. COMMISSIONER COYLE: Okay. This slide here, can you display that slide? DR. NICHOLAS: Oh, yes, sir. COMMISSIONER COYLE: Can you locate this one for me? DR. NICHOLAS: Yes, sir. COMMISSIONER COYLE: I just want to make sure I understand. This slide essentially says that without a TDR, I could build four houses on four acres. DR. NICHOLAS: Yes, sir. COMMISSIONER COYLE: With four TDRs, I can build five houses on four acres. Is that what this this DR. NICHOLAS: One TDR. COMMISSIONER COYLE: If you have one TDR, you can Page 55 February 27, 2002 only build 1.2 DR. NICHOLAS: I'm sorry, Commissioner. Let me walk you through it. If I have a four-acre parcel in single-family one. I can build four units without a TDR. Under these regulations, if I acquire a TDR, I can build five on that four-acre parcel. So my density my allowable density will go to 1.25 units per acre, provided all increases with the TDR. Now, I show you this, but I probably should have showed you one where you went from five to one, which is what's on the table here. But what I wanted to emphasize here was going through the that these were uses by right, but that's the way that would work. And others, of course it would be parallel to that. COMMISSIONER COYLE: And the second question is, you've cautioned us against passing laws that would undermine the TDR program. Can you give us some examples of the kind of laws you would caution us against. DR. NICHOLAS: First would of course be rezoning in the receiving areas to allow higher densities without TDRs. That's the number one thing to not do. Any other type of constraint on that some jurisdictions I guess I do know why. People are basically nosy, and so they want a lot of reporting about the TDRs; who sold them for what value and these types of things. People are very reluctant to do that. They don't want to tell you that. Don't ask them. I mean, I'd love to find out these things myself, and but I it's a constraint. So don't require them to do any type of reporting of of values or anything like that. And you're going to have to have some means of keeping track, of course. I mean, but keep it absolutely minimal. Don't try and tax the transactions. And I think those are the two biggest things, is, don't constrain the use of the right and don't make the registration or sale of the right difficult or costly or don't make them do it in public. Page 56 February 27, 2002 COMMISSIONER COYLE: Thank you very much, sir. MR. MULHERE: Commissioner Coyle, I would just like to add that with respect to this slide here and really for all the exhibits, we have, we believe, incorporated all of Dr. Nicholas's guiding principles for making a successful TDR program into our program, and some of them on a limited basis. For example, where we're proposing to allow a transfer into the urban area under qualified infill development, 20 acres or less, basically it works out to be very similar to the first example there. You have a base density of four dwelling units per acre, which might be by the way, we don't allow that into the coastal high-hazard area for obvious reasons, but if you're outside the coastal high-hazard area in any urban area, you have a base density of four under our proposal. By right, you would be able to increase that by one dwelling unit per acre to TDRs. So it's very similar to that first example there. I also wanted to comment briefly further on your question, Commissioner Coletta. In the language that we proposed, one of the additional TDR provisions that we call for is the subsequent development of land development regulations for (inaudible) of the LDC is the establishment of a process for tracking and recording transfers of residential units, including identification of the entity or department responsible for the ongoing administration of the TDR program. In addition, the county shall consider the feasibility of establishing a TDR bank to be administered by the county or some other nonprofit governmental or quasi-governmental agency. And as part of these considerations, projections for an annual budget for administration of the program shall be developed, including projected costs and funding mechanisms associated with the initial purchase of residential development rights. So we have considered that. Certainly we have to unfortunately take this process in the kind of bites that are laid out for us. One thing we have to do first is address Page 57 February 27, 2002 the requirements of the final order before June 22nd. And of course the next step would be to develop a whole implementation strategy which will be very significant. And that probably will take, in my estimation a year, and then we would have the system up and running. So I don't know if you have any further questions. CHAIRMAN COLETTA: Commissioner Fiala. COMMISSIONER FIALA: What do they do in Montgomery County for work-force housing? It sounds like this land is pretty valuable. How do you accommodate work-force housing? DR. NICHOLAS: Meaning agricultural work force? COMMISSIONER FIALA: No. I'm talking about regular plain-old roll-up-your-sleeves work force. DR. NICHOLAS: The if you will, the affordable housing of Montgomery County is not involved in this on either side. However, what they are doing and what I showed you, is, they are converting very expensive homes into somewhat less expensive homes. The receiving areas are largely attached single-family, which of course sell for less than detached. So there is at least some step towards greater affordability. The individual unit would sell for more on a bigger lot. Now, at the same time, the resulting units that they have made probably would not fall into the affordable range and in those areas of Montgomery County where there are such housing are not involved either as sending or receiving areas. Southampton, of course I perhaps should have shown you some of the other areas rather than just the well-to-do areas. They of course have areas where the homes are not as grand as what I've shown, and those areas are not involved either as sending or as receiving areas or cluster zones for them. And you can see the products in Southampton are very expensive. Very expensive. And of course that's what drives the preservation program. Page 58 February 27, 2002 But in Montgomery County, there is at least some movement from more expensive to less expensive, but that's modest. MR. MULHERE: Commissioner Fiala, could I add a few comments relative to that question? Obviously one we did look quite a bit at how we might be able to enhance either work-force housing or affordable housing as we move through this process. And of course, you would want that housing to be located in close proximity to existing or planned services employment and those types of things. The difficulties, of course, is that in any way requiring a TDR purchase, you're really only increasing the costs of providing affordable work-force housing. If you spend more money than you did before, you're just increasing the costs except to say that there may be circumstances where you can do that by right based on the very high land values in the urban areas. And the example I'm referring to is in the urban infill provision for TDRs, it may be less costly to purchase those TDRs. And only time will tell. And if you can develop a higher density, you've offset some of that higher land cost. One of the potential provisions could be to increase that maximum increase for qualified through TDRs for qualified infill development. But of course, again, I hesitate to recommend that because you are requiring then for someone to spend more money than they would otherwise have to do if they'd simply came and ask the district through a zoning process. The other component I wanted to share with you is that there is an affordable density bonus provided for within the receiving lands within a qualified rural village. And after you achieve your base density it's a fairly complicated process, and I will go over that for you. But I just want to let you know that after you achieve your minimum base density within a rural village, you can acquire a half- of-a-unit bonus for every qualified work-force affordable-housing Page 59 February 27, 2002 unit that you build up to your maximum density. Base density's two; maximum's three. So in that range, if you provide qualified work- force or affordable housing, you can get a density bonus. So that is one provision that we have provided for, because the rural villages and I'll get into that in a minute are intended to be very much mixed use and mixed housing in nature. I just wanted to add that in response to your question. CHAIRMAN CARTER: Dr. Nicholas, just a clarification. I hear over and over from you to apply the KISS formula to the process, keep it simple, although I think it's "Keep it simple, Stupid." Number two, let the free market work this process, because initially, if I'm understanding this, the TDR program increases the value of the land. DR. NICHOLAS: Yes, sir. COMMISSIONER CARTER: When that increases my value of land, therefore, my assessed valuation increases until I sell my TDRs and then consequently I have gained profit from my land but I have residual uses left of which I can continue in perpetuity, or if I want to sell or whatever the case might be, is that where I hear this really works, as long as you don't overregulate a lot of dues and don't make it so complicated that everybody throws up their hands and says this isn't worth even pursuing? DR. NICHOLAS: Commissioner, if that was your final exam answer, I'd give you an A. Absolutely. Well said. CHAIRMAN CARTER: Thank you. Then I'm on target. COMMISSIONER OLLIFF: Mr. Chairman, if I could I have more of a timing question. For a TDR program to work where there's a market for the actual TDRs, how do you see that working in a community like ours where you have not competing but alternative zoned development that may already be at a fairly high density, and how do I avoid, from a timing perspective, the only market being the Page 60 February 27, 2002 government-funded bank for a decade or two decades until the actual development gets to the point where the receiving areas are? DR. NICHOLAS: One of the reasons Montgomery County took a long time to come to full function was, first the litigation, which put everything on hold. But even once the litigation was set aside, it was only new developments that came in to use the TDRs. And of course there's an approval process, and then it's years before they are actually out there in making use of the TDRs. In the Pine Barrens of New York, we had the benefit of those experiences, and so how to hit it fast. And so we got into fast track, and part of that was simply allowing existing developments to come back in and replat. And the other was that we required them to enter the market and get their TDRs or the rights to those TDRs today up front, rather than on the back end, because that then sent them out dealing with the property owners. I might point out, Mr. Chairman, ladies and gentlemen, most people never actually buy the TDRs. What they do is get the rights to them, and they joint-venture the deal with the TDR owner, and they get paid on the back end as a partner or participant in the development rather than as simply a seller of the TDR, which really works great for everybody, especially the developer, because that reduces their front-end cost and gives an additional economic option to the owner of the TDR. Or again, they can sell them outright, if they wish. Sorry. I wanted to swing right into that one. But that's what we learn, and so that was how we responded to it. And what we've seen is, the market in New York came on very, very quickly, rather than three to five years, which is whether it took in Montgomery County. COMMISSIONER OLLIFF: Thank you. COMMISSIONER FIALA: Who will manage this TDR program? How many people will it take and how will it be paid for? Page 61 February 27, 2002 DR. NICHOLAS: Okay. The example I would point to you is the New York Pine Barrens, because they have the benefits of the prior experience and not having to repeat the other mistakes. They set up this clearinghouse, which is a quasi-government organization. It in addition to entering in and supporting the TDR program, they also administer the recordation of the rights and oversee the rights transfer process. Now, they do it with the lightest possible touch to have the least interference. They have relatively small costs associated with it. Unfortunately, I cannot give you an amount. The number of employees on this would probably equal approximately one. Now, it was of course, it's pieces of other people, but they wrote regulations into the zoning codes so you don't have to have somebody there interpreting them. All these other things were set up. It's a formula with allocation of rights so you don't have to have somebody interpreting the property. So it was made as simple as possible. Part of it was in fact, the real reason was simply not to hassle the property owners. The net result of that, of course, was that you lowered your costs. To the extent that you are further interested in it, what I would suggest is that you have maybe invite (inaudible), the gentleman who's the chair of the primary credit clearinghouse, and you can truly get it from the horse's mouth of how he did it and also what mistakes they made that they wouldn't want to repeat. But they've tried to keep the costs at a minimum. I would suggest you're probably looking at one full-time employee, a mid-level professional, and various associated costs of a mid-level employee. COMMISSIONER CARTER: That's an excellent idea, Mr. Chairman and Dr. Nicholas, because I keep thinking the financial community might be the ones who gravitate towards this very quickly. And as much as on the fees, like you do anything else and therefore the public does not incur costs. Page 62 February 27, 2002 DR. NICHOLAS: That's right. CHAIRMAN CARTER: Get us back to a free-market process with the controls so that they're touching them but not overly controlled and not as you said, I believe privacy is key here, so there's not this I got to know everything and I want to see my name in the newspaper because I sold a TDR right. And I think that this is is very important to the success of this process, so I'd like to hear how they did that. COMMISSIONER HENNING: Your comments is approximately where we need to go, less is probably how this program will work. Provide the foundation for it. Let the private sector come in and work it. CHAIRMAN CARTER: The government is pretty good at screwing things up. MR. MULHERE: Our recommendations are consistent with that. It would only be I think to follow Tom Olliff's questions, the recommendation would only consider the government involvement as an initial involvement, and the quicker and sooner that we could be removed from the process the better. But I think it's consistent to say one full-time employee and (inaudible). DR. NICHOLAS: Mr. Chairman and members of the board, I have sent all this to the staff and to your task force, too, and we've had several good long discussions on this. CHAIRMAN COLETTA: Hopefully, Dr. Nicholas, you'll be able to come back when we receive this back from Tallahassee to help us through the process and where we're going to go with it at that point in time. I appreciate very much you being here today. Your presentation was excellent. DR. NICHOLAS: Thank you. What we're going to do, ladies and gentlemen, we're going to Page 63 February 27, 2002 have a slight change of schedule to try to accommodate all the people that wish to speak. At this point in time, Mr. Mudd, how many people do you have? COMMISSIONER MUDD: Sir, we have 50 people. CHAIRMAN COLETTA: We have 50 people at three minutes apiece. That ads up to a little bit of time, so in order to try to accommodate everyone, or try to accommodate everyone, this is what I'm proposing is that we limit our break now instead of a half hour, to 15 minutes, and we will start in 15 minutes. The other part would be at 2:30 when we were planning to convene, we have three commissioners that are available to stay here and listen to those who would like to speak for another hour, to 3:00. Commissioner Henning and myself are committed to going to a canvassing board training. We have no choice on that. If we don't go, then the elections next November are in jeopardy of having us. So that will continue. And what I propose, if you have speakers left after the 3:30 time that they be the first people allowed to speak on Monday at six o'clock when we open it up. We take the speakers list with us, if there's anyone left at that time, and continue it on Monday. And Monday, from six o'clock on, we have no intentions of breaking until everybody is heard, even if it's two o'clock in the morning. I have had it the other commissioners said they have no problem with it, and if they have to stay that long they'll cook breakfast. So at this point in time, we'll take a short break. Thank you. CHAIRMAN CARTER: I'll speak with forked tongue. (A brief recess was had.) 12:26. (The proceedings recommenced with Commissioner Henning not present.) MR. SCHMITT: I would like to make an announcement. The staff has only proceeded through about half of its presentation, a little more than half. There's issues we have not discussed yet. But given Page 64 February 27, 2002 the number of people who have signed up to speak, we're going to open up for public comment. But I do ask if it involves issues surrounding the rural villages, density blending, agriculture, North Belle Meade, you may want to defer until Monday to take the podium to speak. But if you so choose or you cannot come back Monday or your schedule prohibits you from trying to make either of the meetings, you certainly can so choose to to speak today. With that, my staff will we're going to try and help with this as far as when you come up and speak, we'll let you know whether you're impacted by this study or not if you would tell us the location of where you live. And with that, I'll turn it over to Jim Mudd, who will announce the first the first speaker. CHAIRMAN COLETTA: Before you go there, just a couple of other points I'd like to clarify. If for some reason the demand for speaking time exceeds the 3:30 deadline, at that point in time, they'll take the rest of the applications to speak and save them for Monday, and those will be the first people that will have the opportunity to speak. Also, I'm going to ask you, when you have a couple people pass by the podium and if they have covered the area you want to cover, you may wish to come up to the podium and just say, "It's already been said, and that's where I stand," or you may wish to waive from the audience, but that is your choice. We want to hear from anyone that wishes to speak. Please continue, Mr. Mudd. MR. SCHMITT' Stan, can I can we bring a map in here in case anybody wants to use a map, one of the map boards, just in case one of the speakers choose to use a map? And I don't I don't think we'll need the projector anymore, so we can turn the lights up. CHAIRMAN COLETTA: That's correct. Mr. Mudd, it's a three-minute time line, and you'll give warning from where you sit. Thank you. Page 65 February 27, 2002 MR. MUDD: Mr. Chairman, I'd like to do it so that I'll call three speakers forward. I've got two in the seats right here for the second and the third because it's somewhat of a convoluted way to have to get over here to get people on the on-deck circle and and the batter up and then the speaker. Our first speaker and the other the other thing I'll say to you, Commissioners, some people have left and had to go someplace. If they're not here, I'd like to take their take their name and put it to the bottom of the list and and bring it back up on Monday. CHAIRMAN COLETTA: Excellent idea, Mr. Mudd. MR. MUDD: The first speaker is John Cowan followed by Donald Pickworth, and on the on-deck circle is Tim Maloney. MR. COWAN: You've seen me before, probably too many times. I'm a real estate agent, a long-term licensed broker in Naples, and I've appeared mostly for charitable corporations before the commission. Habitat for Humanity is one. Naples Equestrian Challenge, most recent appearance; and St. Matthew's House, where I'm on the board of directors and on their executive committee. I want to discuss today a personal matter related to Section 24, of which I own a major portion, and I want to talk about something that you'll find hard to believe. Nine and a half years ago CHAIRMAN COLETTA: Sir, before you start would you see if this microphone will come off?. There you go, sir. This may work. MR. COWAN: Section 24 is where the arrow is. Thank you very much. Of all the 93,000 acres, the acres in Section 24 are essentially the most valuable. They're right at the end of Golden Gate Parkway. It's when the bridge gets in, it'll be a ten-minute drive to Coastland Center, Dillard's. And yet it is extremely high, extremely dry. There's no cypress. It's all slash pine, palmetto. It is environmentally nonsensitive. It's very densely wooded. It is the most valuable acreage in this entire fringe area. No question about it. Page 66 February 27, 2002 Nine and a half years ago, we embarked on a plan to acquire the center of Section 24, and I spent 9 1/2 years and a huge amount of money acquiring it. My wife and I can't stand the stress of living in metropolitan Naples any longer. We're going out to the country to have a little cattle ranch and a few horses and hopefully get it paid for by selling off 19 of the 20 available homesites to people MR. MUDD: One minute, sir. MR. COWAN: I work closely with the people on Horseshoe Drive. I hired Wilkison & Associates to be my land representative. We went to see Bob Mulhere. I presented all of the environmental studies that I had paid for from Law Engineering. And 12 days ago I was totally shut down when, in a secret meeting, it was decided that Section 24 would become no longer receiving lands, but suddenly sending lands. And I lost $700,000 that morning, and that's more than I can afford to lose. The people on Della Drive, 120 residences in Section 24, do not realize that the long-term value of their land has gone straight down. And they when they find out what happened 12 days ago in this secret meeting, they're going to be very, very angry, and they're probably going to come and talk to the commissioners. Basically what's been presented to the public was one thing, and after the public got their commentary in, they went and redrew the map and changed Section 24 from a receiving land to a sending land, and that's where I lost the $700,000. And that's based on Dr. Nicholas's $18,500 per home site. You take the 20 home sites and I paid $34,250 for each one of those homesites. He says that the TDRs for each home site is worth 18,500. That's an absurd figure. That's way too high. They'll sell and trade, based on my 37 years on working land acquisition and sales as a broker, 37 years in the Naples area, they'll trade between 5,000 and $10,000 per home site. Even if you take his number, I lost $700,000, Page 67 February 27, 2002 and the people on Della Drive lost all of the future upside potential of the properties that they which are their major investments over CHAIRMAN COLETTA: Sir, I'm going to have to ask you to wrap it up. MR. COWAN: I'll wrap it up by telling you that it was done for absolutely no purpose whatsoever. You traded a racehorse, the Wildlife Federation, for a rabbit with a broken leg. Other than my property which I intend to keep as forest, there are no trees out there. That's all gone. Take a look at at the aerial photographs. I brought them with me. There's a flower nursery, Tom Buckley's nursery. There's the Della Drive property. That's the Hideout Golf Course and the school land. Other than that, I own it all. CHAIRMAN COLETTA: Sir, I thank you very much. MR. COWAN: Thank you. MR. MUDD: The next speaker is Donald Pickworth, followed by Tim Maloney, and on deck is A1 Perkins. MR. PICKWORTH: Good afternoon, Commissioners. My name is Don Pickworth. I'm an attorney. I represent Mr. Cowan and his interests in this. Let me briefly touch on a couple points he didn't say. I think one of our key concerns here, as he mentioned, were the procedural aspects. The the Future Land Use Map that's approved by the Planning Commission has Section 24 as a receiving area. In a meeting that took place at the staff level, to which Mr. Cowan was not invited and, as far as we know, to which there was no public notice, the decision was made to change it from receiving to sending. There's a obviously, there's an obvious procedural difficulty for that. In addition to that, substantively we are rather concerned about the characterization of Section 24 as a sending rather than a receiving area. As he stated, the overwhelming bulk of Section 24 has already been cleared. There are virtually there's very little habitat percentage-wise left in Section 24. As a matter of fact, when I was Page 68 February 27, 2002 listening to Bill Lorenz earlier, he was going through the vegetation characteristics of various types of land, receiving land, sending land, and percentages that you had up there. And interestingly enough, as I recall his chart, the vegetation characteristics on sending lands is somewhere around 30 percent, I believe, native vegetation, and whereas on sending lands it's around, I think, 80 percent. And then, of course, on the NRPA lands, I think it gets as high as 90, if I recall all the numbers on that chart. Interestingly enough, Section 24, the vegetation is down in the 30 to 40 percent range, far more consistent with receiving land than sending land. And for that reason, we would like to work with you on redesignating that either to sending (sic) land or, if if it's reasonable, as as neutral land, but clearly not clearly not sending land. And and we would ask that I don't think you're going to be making final decisions on all these things here today, but we would at least like the opportunity to work with your staff on this issue. I mean, we think that further discussions need to be had. We were never had the opportunity to be part of the discussions when this change took place. CHAIRMAN COLETTA: I'm going to ask staff to address that. MR. LITSINGER: Mr. Chairman, we will meet with Mr. Pickworth and his client in the interim period and look at all the issues and see whether we need to reexamine some of the decisions. We'll try to do that before close of business on Monday. MR. PICKWORTH: Okay. That's fine. We will do that. MR. MUDD: Next speaker is Tim Maloney, followed by A1 Perkins, and on deck is Robert Duane. MR. MALONEY: Good afternoon. My name is Tim Maloney. I'm a land owner, taxpayer, and voter here in Collier County. There is no North Belle Meade, or there shouldn't be, but you know how it is when you give a pet cow a name. It's hard to give up a pet project. Page 69 February 27, 2002 We all know that that area is surrounded on three sides by Golden Gate Estates: The east, west, and north. The south border is 1-75. That area is isolated. And as far as any wildlife is concerned, a good portion of that land is pine, palmetto, cabbage palm. There are some cypress heads, although they're not connected in any way. As growth occurs in this area, the wildlife will either adapt to the environment, or they'll move on. I don't feel they're endangered in any way. There's a lot of concern about disturbing wildlife habitat, and I've been wondering, with the redevelopment in the south blocks of Golden Gate, just what will happen to the wildlife in that area when they begin to tear up the roads, plug the canals and redo the drainage. Are they going to house and feed the wildlife while the work's in progress, or are they going to tell them to take a vacation until they're done? CHAIRMAN COLETTA: I'm going to ask the audience to refrain from comments. Would you hold for a second, sir? If you have a problem with that, would you please step out in the hall and the deputy will address it with you? Please continue. MR. MALONEY: Well, I should have started off, I own land in North Belle Meade, South Belle Meade, Corkscrew, and in the south blocks of Golden Gate. I have giving land, receiving land. My concern with the North Belle Meade area is basically the people that live in Golden Gate east of that area. Their access to town, right now it's Golden Gate Boulevard. When that area is built out, there's going to be another 12, 14,000 vehicles on the road, maybe 15,000, all trying to come to town on Golden Gate Boulevard. North Belle Meade should not even be considered as a preserve or natural resource protection area. The landfill road should be run from 951 out to Everglades. When they finish Picayune State Park in the south blocks, how are people going to get there? The only Page 70 February 27, 2002 automobile access is Everglades Boulevard. If they run the landfill road to Everglades, those people can go out the landfill road and get right down into the park. There should also be another east/west between the alley and Golden Gate Boulevard, whether they extend 16th or Brantley and carry it out there. There's going to be gridlock on Golden Gate Boulevard. There's no question. The wildlife, there's very little wildlife out there. They'll adapt. They're going to have to adapt in the south blocks when they do all this work. The piece of land that I have in the South Belle Meade area is in Range 27, Township 51, Section 31. I own the northeast comer of that section, 160 acres. That's right on the border of the giving- receiving area, right in that little the topmost spot there. The receiving area is almost borders my 160 acres. That 160 acres is beautiful pine land, and they want to make that a sending area. And the reason I was given, so the wildlife will have someplace to go when it rains or something. I mean, I have visions of a development down there. Not in the immediate future, maybe 20 years down the road. It's beautiful land, and I want that in the receiving areas, not the sending areas. There's plenty of there's plenty of sending areas. CHAIRMAN COLETTA: Mr. Maloney, I'm going to have to ask you to wrap it up, please. MR. MALONEY: Yeah. Well, just one other point. When I saw this map, this map of Collier County, all that light green, that land is under state and federal ownership, 80 percent, not on the tax roles. Now they want an additional well, there's 55,000 acres in the south blocks. I don't know how much in South Belle Meade. There's 15,000 in North Belle Meade. What's going to be left for the people? Thank you. CHAIRMAN COLETTA: Thank you, Mr. Maloney. (Applause). MR. MUDD: The next speaker is A1 Perkins, followed by Page 71 February 27, 2002 Robert Duane, and on deck is Mark Irgang. MR. PERKINS: Good morning, ladies and gentlemen, you people at home, Commissioners, and tax mules carrying the load. Constitution of the United States, nor shall any state deprive any person of life, liberty, or property. Article 14, look it up, people. This is the law, not the one that they're writing up there in Tallahassee. Now, pay attention, please. Read my lips. No atomic or radioactive stuff in Utah, in Yukon Mountain. Read my lips. Read my lips again. Willing seller under the CARL program. Read my lips, people, because these people are liars. Now, you've got your voice and your vote, and if you don't use them, then you're to blame for your own problem. Speak up. Now, we heard about Maryland. We heard about Long Island. We heard about horses, which is very important to me, and we heard about horses again. I'm in the racehorse business. I offered up 160 acres to the State of Florida to trade equally within the given distance of Calder Racetrack where I do business. This was some time back, 10 years ago, which I intend to sue the state over it, because my life I can't get back the ten years. And if you know what the racehorse business is, if you breed a decent horse to a decent mare and you go put them into auction up in Kentucky, you can bring the top dollar so far for an unbroken, untrained horse is $3 million. Then you maintain them from there on out, and you get paid each and every month. And believe me, if you add it up real close, it gets a bit expensive. This whole land grab is so that they can do two things: Put the money in the pockets of The Conservancy, the Rookery Bay, South Florida Water Management, and they'll tell you anything that you that they think you're going to believe. And, again, the word is "perjury." But if you don't challenge them, they just walk all over Page 72 February 27, 2002 you. These people basically are making decisions in Tallahassee, Jeb Bush and his staff. They don't live here. They don't pay taxes here, and they don't vote here. Then why should they end up being a little dictator here? CHAIRMAN COLETTA: Mr. Perkins, I'm going to have to ask you to wrap it up. MR. PERKINS: Okay. Dual the due compensation, this gentleman says he lost $70,000? MR. COWAN: 700,000. MR. PERKINS: 700,000. Right now I'm down about 4 million, and this belongs to my grandchildren, because what the hell good are water skis to me now at my age? Now, my property I deliberately had tried to get a horse training facility and hire all the handicapped people, because the horses know the difference, and the handicapped people give a damn about the animals. Yet they turned right around, and they would not take me up on it. The Conservancy was right there at the meeting. The Wildlife Federation was right there. By the way, these people are all being funded out of your pockets. CHAIRMAN COLETTA: Mr. Perkins, please wrap it up. MR. PERKINS: Anyhow, if you read the paper, Marco Island is being excluded from this. That couldn't be because of the oil fields, could it? My name's A1 Perkins, Belle Meade Groups. Pull together, people. You can defeat these not these people, the other clowns in Tallahassee and some of these right here. CHAIRMAN COLETTA: Thank you, Al. (Applause) MR. MUDD: The next speaker is Robert Duane, and I think Robert told me he wanted to do Monday. Pass. The next speaker is Mark Irgang, followed by Pat Humphries, and on deck is Tom Siemianowski. I hope I didn't butcher that. Page 73 February 27, 2002 MR. IRGANG: It's okay. It's Irgang. Some people like the German pronunciation, although I'm Jewish. In any case, I appreciate the opportunity to address the commissioners and the distinguished members today. I've been waiting for something to happen in this area for approximately 20 years. That's how long I've owned my 20 acres at the 4 mile marker on Sabal Palm Road. That's about 2 miles short of the electricity that's available. Nonetheless, I love being in that area, and it's the only investment that I have. I don't have a large portfolio of stocks and bonds and other financial entities. All I have is the land. I'd like to build a house on my land and live out there and enjoy the amenities of nature. And unfortunately, it's becoming harder and harder to appreciate what I really want to have. Aside from the fact that we've had the forest fires out there that probably burned down half of my place, we have four-wheelers that come out there and cut fence lines, and they're running amok. Agricultural law enforcement cannot do the job of containing them. The litter and debris problem, which Mr. Jim Coletta has been very gracious in working with me about, has been somewhat abated, but it still remains a big problem. There's not enough law enforcement to handle the four-wheelers. I know you're all working on an area where they can go if that's ever going to happen. And to make a long story short, I would like to see a little bit better enforcement of the laws in the rural areas, because we're not second second-class citizens. You know, this this rural fringe just came to the floor recently, but many of us enjoy living out in the wild, so to speak, and enjoy the amenities of nature. And I certainly would recommend that we put some electricity out there. We've done a fairly good job of providing limerock roads. Better Roads, who has the quarry, really is falling short of of taking care of that place the way they should. Initially Page 74 February 27, 2002 when they were mining their limerock, they tried to make a good impression on the county by taking care of the road. And I could leave my place at 4 mile marker and have a nice, smooth ride all the way out to 951 going westward. Now it's full of potholes, and the whole area shakes when I drive my car through there. The debris problem, as I said, is horrendous, and the four- wheelers and the bottles and containers and the shooting is is very, very bad also. We'd like to see some some better control out there for my benefit and for my heirs. Thank you. CHAIRMAN COLETTA: Thank you, sir. (Applause) MR. MUDD: Next speaker is Pat Humphries, followed by Tom Siemianowski, and on deck is Kathy Prosser (phonetic). MS. HUMPHRIES: Hi. I'm Pat Humphries from northern Golden Gate estates and water director for the Golden Gate Estates Civic Association. We have many questions about this project, but the one question that is one of the priority questions is, when you are supplying water and sewer for these rural fringe residents, how is that going to affect the wells in Golden Gate Estates? That is our only source of water. When that water table goes down, we're out of water, and it seems like you're providing water for an awful lot of people. That's it. CHAIRMAN COLETTA: Just a second, Mrs. Humphrey (sic). We're seeing if Clarence Tears is still here to answer that particular question, and it's a good question. You're on deck. Come forward, sir. I don't know if the people realize, besides being director of water management, Clarence is also in the Air Force Reserve, is it? MR. TEARS: Yes. CHAIRMAN COLETTA: He gives a lot of time to his country. Clarence, there was a question on the let's see if I can phrase it right. The if the plan went forward and the rural village concept came into Page 75 February 27, 2002 play and I might be reading more into this than there is, but being so involved in the Golden Gate Civic Association for so many years, I think I can paraphrase the question. The demand out there that's going to take place over a period of time, how will that affect the residents that are out there now as far as their water goes or wells, to be able to get their water? MR. TEARS: Well, I probably don't have the probably the shortest answer for you, but there's three types of water. There's free water, there's cheap water, and there's expensive water. Our free water our ancestors used up many years ago. Currently we're using our cheap water. That's the Tamiami Aquifer. That's where the surface water is tied into the groundwater. Once you go deeper than that, it's considered brackish, so that's the cheap water supply. Right now, based on Collier County's current comp plan for the year 2020, we do not have enough cheap water to meet the future demands. So Collier County is in the forefront by using alternative water resources. So to meet future demands, we need to look at alternative sources: Deeper aquifers, reverse osmosis, complete usage of reuse water, and also possibly in the future even tapping into the Gulf, desalinization. But to meet the future needs for Collier County, we have to look at alternative sources to ensure the benefit of the water supply out there for Golden Gate Estates. MS. HUMPHRIES: We can't tap into reverse osmosis. MR. TEARS: That's correct. MS. HUMPHRIES: So we need the free water. MR. TEARS: Exactly. And that's why in Collier County right now, based on the current comp plan, the South Florida Water Management District has directed them to meet their future demands by alternative sources. They have done that through the northern treatment plant, the (inaudible) plant. In addition to that, in the south plant, I think they have currently being constructed an 8-million- Page 76 February 27, 2002 gallon-a-day plant which could be expanded to roughly 20 million gallons a day. So alternative sources are being used to meet future demands. One thing I need to caution everybody about as we grow in Collier County is the quality of the water. We need to ensure water quality, and that will be an issue as we grow. And I think that was addressed through some of my comments on on the study. We really need to address water quality and ensure water quality for everybody. MS. HUMPHRIES: So the answer is that we will not have to worry about well water? That is our only source of water in the estates, and there's going to be more people using MR. TEARS: In Collier County I believe your well water will be sufficient to meet the needs of the residents in Golden Gate Estates with the current direction the county's taking, looking for alternative sources. Collier County is in the forefront of using alternative sources to meet future demands. Just realize 90 percent of the water we get in Collier County is rain driven. So if we have a four-to-five- or six-year drought, you know, nobody is going to have that cheap water supply available. Everything is rain driven. We average every year we average a certain amount of rain which recharges our surficial (phonetic) aquifer. And as long as we have the rain, you'll have the recharge needed to meet your MS. HUMPHRIES: So we're at the mercy of the rain. MR. TEARS: That's correct. We all are. So is the environment. So is MS. HUMPHRIES: well water, though. Especially the people in the estates with MR. TEARS: That's correct. You are truly tied to the rainfall. The deeper aquifers are not directly tied to yearly rainfall, but the surficial aquifer where you get your drinking water supply from, it needs to rain to replenish your supply, yes. Page 77 February 27, 2002 MS. HUMPHRIES: And as more people come into the area AUDIENCE MEMBER: Three minutes. CHAIRMAN COLETTA: We we will take care of that. At this point in time, we brought counsel in to answer a question. And when that question's answered, we'll continue the meeting. MR. TEARS: Did I answer your question? CHAIRMAN COLETTA: Clarence, any other comments on that particular thing? MR. TEARS: Just one other comment. In addition to that, as part of the Big Cypress Basin Water (inaudible) Management Plan, we're always continuing to try to prevent overdrainage. Southern Golden Gate Estates restoration, a lot of these a lot of these restoration projects are also to ensure water supply because of the recharge values. And in keeping some of these areas natural, you know, that's where the water gets back into the ground. And that's going to be so important as we grow and move into the future, is having these natural open areas for recharge. MS. HUMPHRIES: I just want to be sure that we're taken into consideration, that we're always thought of when there's a water issue. MR. TEARS: Those comments actually, as I reviewed this study as I looked at some of the comments that were raised, flood protection and water supply were some of the issues raised. CHAIRMAN COLETTA: Thank you, Mrs. Humphrey. Next speaker. MR. MUDD: Next speaker is Tom Siemianowski, followed by Ms. Prosser, who says Monday, and followed by Vince Cautero, who says Monday. So on deck we've got Nicole Ryan. Is Tom Siemianowski here? I'm going to move him to Monday, Kathy Prosser to Monday, Vince Cautero to Monday. Nicole Ryan, followed by John Vega. Page 78 February 27, 2002 MS. RYAN: Good afternoon, Mr. Chairman, commissioners. For the record, Nicole Ryan here on behalf of The Conservancy of Southwest Florida, and I just briefly wanted to make a quick comment. First of all, thank you to the county staff for all of their hard work during the past 2 1/2 years on the rural fringe issue. I think that they should be commended for the work product that they have presented to you today. The Conservancy is in favor of a transferable development rights program for Collier County. We think that it can work. We generally support what staff has brought forward. We do have some comments, but they deal with issues such as agricultural uses, so we're going to hold off on commenting on that until Monday. But I did just want to say for the record, we do support the TDR concept. Thank you. CHAIRMAN COLETTA: Thank you, Ms. Ryan. Next speaker is7 Go ahead, sir. MR. SCHMITT: John Vega. MR. VEGA: Good afternoon, Commissioners. Thank you for having me here. I'm here on behalf of Dr. And Mrs. Francis Hussey. They're the owners of Section 32 and the southern half of Section 29, Township 49, Range 27 east. That's the area that says Black Bum on the right-hand side, also just to the north, 32 and 29. It's approximately 1,000 acres. It's been owned by the Husseys since 1971. On the tax roles, it's three parcels. It's been used for cattle grazing for many, many years, and it's known informally as the HHH Ranch. The TDR proposal is significantly different than the Northern Belle Meade proposal advanced by The Conservancy some months ago. That was a voluntary proposal; this is a mandatory proposal. Sections 29 and 32 have been designated as sending areas despite the fact that they are pine uplands, pretty dry, and they seem to be to the Page 79 February 27, 2002 west of appropriate habitats. I'm not saying overall that the TDR program is an inverse condemnation, but an otherwise constitutional act can be a condemnation as applied to specific parcels. One of the proposals is that if you're in a sending area and you choose to use it for residential homes, that you be allowed one home per parcel, regardless of size. Well, three parcels in a thousand acres, that's three homes for a thousand-acre ranch. Those are pretty big homes. There's just no question in my mind that what is appropriate for a 10- or 20- or 30- acre parcel may not be appropriate for a 300-acre parcel or a thousand-acre parcel. And the proposal, as it's currently drafted I'm certainly not an expert, but I cannot imagine that this would not be considered a taking. I don't think the county wants to advance a proposal that is a taking. If there is a way to recognize a distinction between larger parcels and smaller parcels and, perhaps, bearing in mind the relative environmental significance, I think that would be entirely appropriate. The Husseys also own land in Section 33 and 34, which is to the east. They do not deny for a moment the environmental significance and the wetlands that are to the east of their property. We had a very good meeting with The Conservancy after the Northern Belle Meade proposal where The Conservancy agreed to treat the lands in Section 33 and 34 as conservation lands, with the Husseys' agreement, and to treat Sections 29 and 32 as either outside of the proposal or, perhaps, to be looked at as receiving lands, but at least outside of the proposal, and that certainly makes sense. Right now I think that a very, very well-thought-out plan is as it would be applied to this 1,000 acres is simply inappropriate. The land's been owned for over 30 years. It certainly has investment potential. It certainly can be developed in a very intelligent manner. Page 80 February 27, 2002 It's almost as if someone holds their land and then tries to develop it intelligently down the road, they're punished; and the people that carve their lands up into little bitty bits are rewarded by being able to preserve their uses. Perhaps that is the reason for rapid growth. But I do think that given the uniqueness of this parcel, that it would be appropriate, before a final decision is reached, that the county continue to work with the Husseys on this matter. And I have apprised staff of our concerns. CHAIRMAN COLETTA: Thank you, Mr. Vega. MR. MUDD: The next speaker is Mike Bauer (phonetic), followed by Brad Cornell, and on deck is Maureen Bonness. MR. BAUER: I'd like to defer to Monday, please. MR. MUDD: That's Mike. Okay. Next speaker is Brad Cornell. MR. CORNELL: I I defer to Monday also. MR. MUDD: Monday? Next speaker is Maureen Bonness. MS. BONNESS: I defer to Monday. MR. MUDD: Next speaker is Michael I think it's it starts with a D. It's Duever. MR. DUEVER: Duever. MR. MUDD: Okay. Followed by Gary Edwards. MR. DUEVER: My name is Michael Duever. I have lived and worked in Collier County for most of the past 28 years. My work has dealt largely with wetlands and the hydrology that supports them. An important aspect of the rural fringe planning process is protection of important natural features such as wetlands. The current plan does a good job of keeping development out of important most important natural areas. However, there is one aspect that deserves particular emphasis when developing boundaries, or at least uses, in receiving areas. (Commissioner Henning entered the room.) Page 81 February 27, 2002 MR. DUEVER: This has to do with the effects of hydrologic alteration of developed areas on adjacent protected natural features. The best available scientific evidence indicates that drainage associated with development can extend one-half to two miles into adjacent lands, including those we are trying to protect. Drainage is very significant to natural areas. Types of plants and animals present in a natural area exist largely because of the hydrology of that area, and over the long term, these communities will be impacted in proportion to the degree of hydrologic change that occurs not only as a result of on-site drainage, but also as a result of draining in adjacent lands. This is significant in terms of how land is developed in proximity to areas that are being set aside for protection, particularly the NRPAs. Development that does not alter hydrology is not a problem. However, I am concerned about whether the increased density in receiving areas would be possible without draining the areas to be developed; if not initially, then at some time in the future when flooding would likely occur in at least some of these areas. Thus, for receiving areas that are developed at proposed densities, we can expect some degree of drainage which is likely to affect the adjacent natural areas. All of these comments suggest that those areas within approximately 1 mile of wetlands or protected natural areas either should not be included in receiving areas, or if they are included, they should be developed in a manner that does not require drainage either before development occurs or at some time after the sites have been developed. Thank you. CHAIRMAN COLETTA: Thank you, sir. MR. MUDD: Next speaker is (Applause) MR. MUDD: Next speaker is Gary Edwards, followed by Frank Page 82 February 27, 2002 Ormesh. MR. ORMESH: I'll defer till Monday. MR. MUDD: Is that Frank? MR. EDWARDS: My name is Gary Edwards. I am the trustee for more than 350 acres in the area between the urban boundary and the Range 26 line. I'd like to point something out on the map, if I could. I don't know that people in Collier County are aware of the fact that I was involved in the Belle Meade process. At one time all South Belle Meade area, the CARL program, was 55th on the list and was never going to be bought. The meetings that took place here in Collier County a few years ago moved it into the top 10, and it was bought out. Now, I think that a mistake was made by the professor, and I don't understand why everybody, in every map I've seen, stops the Belle Meade at the urban line when it stops at the Range 26 line. It does not go to the urban line. And the area between the Range 26 east line and the urban boundary has never been in the Belle Meade, is not in the Belle Meade, and was taken out of even the land acquisition area, the requested area. And I have proof here that and I'm going to give it to your clerk that it was taken out by the Department of Environmental Protection. And, therefore, I don't understand why the NRPA, the South Belle Meade NRPA, first of all is going over the entire CARL program which is already owned by the state; there is no development rights in there but it also covers over our land. And I don't understand why it does that when we have never been in the Belle Meade, and we are not in the Belle Meade. And I have one other question based on the professor's comment that most of the TDR programs fail. And if this current program is instituted, when will we determine whether it's successful or failing, and what will we do then? Thank you. (Applause) Page 83 February 27, 2002 CHAIRMAN COLETTA: Would you care to address that, please? MR. LORENZ: Yes, Mr. Chairman. For the record, Bill Lorenz, natural resources director. When we developed the natural resource protection areas back in 1999, the proposals were not rigidly based upon an acquisition boundary. The area that Mr. Edwards talks about here, that 1-mile section, still has environmental values, in our judgment, that raise to the level of not only a sending area, but also a natural resource protection area. MR. EDWARDS: Can I make one comment? MR. MUDD: You still have 30 seconds, sir. MR. EDWARDS: You can take pictures from satellites. You can take pictures from helicopters. You can take pictures from anything. But I have walked on the property. I have horseback rode on it, and I can tell you there's not any environmental issue on this. There's nothing but slash pine, uplands, and natural vegetation, the same kind of land that exists inside of Naples. And I would like to think that instead of drawing these maps, why doesn't somebody go out there and take a look at it? (Applause) MR. MULHERE: Mr. Chairman. MR. MUDD: The next speaker is Greg Davenport, followed by William Clark, and on deck is Timothy Nance. CHAIRMAN COLETTA: Okay. Before we start MR. MULHERE: Just a very brief comment, Mr. Chairman. With respect to the last speaker's comments regarding the TDR program and, you know, monitoring it, the plan does call for an annual report to be brought back to the board so that the program can either be tweaked to enhance it or to address any deficiencies that might surface or to reevaluate the program. The fact that we may I mean, success cannot be accomplished unless we at least attempt it, Page 84 February 27, 2002 and so we've built in this process of of an annual evaluation for that exact reason. CHAIRMAN COLETTA: Thank you. Go ahead, sir. MR. DAVENPORT: Hello. For the record, my name is Greg Davenport. I guess the reason I'm here today is for some assurance. I have a wholesale plant nursery in the Corkscrew Swamp area. I have 15 acres in production at the moment, and I have an additional 15 acres I'm purchasing Friday. And I guess my question here is, will I be able to clear 100 percent of the land, and will the county I just want to make sure that I'm not restricted to to my business in providing income for my family. CHAIRMAN COLETTA: That is a good question. Mr. Mudd, would you respond? MR. MULHERE: Mulhere. CHAIRMAN COLETTA: Sorry. MR. MULHERE: That's okay. CHAIRMAN COLETTA: My name is mud right at the moment, so go ahead. MR. MULHERE: Honestly, we do plan to give you a this gets to the very core of the question of whether or not the county, under the Right to Farm Act, is entitled to regulate agriculture or not. Agriculture will be a permitted use, but the question of regulating ag and 100 percent clearance is the subject of further discussion, and we'll have presentations by a number of experts in that area. So it's a little bit hard, I think, to raise this issue and have a full conversation about it at this point in time. But I would invite the speaker, if he can make it, to come back on Monday when we will talk about that. Or if he wishes to get with us individually if he cannot make it, I'd be happy to share what I do know. CHAIRMAN COLETTA: Mr. Davenport, we do want to work with you on that. Do you think you can come back Monday? Page 85 February 27, 2002 MR. DAVENPORT: Yeah, I can. I just don't understand the restrictions being put on me now, which at the present time I can clear 100 percent of the land as long as there's no wetlands on there. MR. MULHERE: And under our current recommended proposal, agriculture continues to be a permitted use. And so you would still be subject to the state or federal jurisdictional agencies if there are any issues there. Under the current proposal, it is a permitted use, but that is an issue that's going to be dealt with to some some greater degree probably on Monday. MR. DAVENPORT: And also I on Policy 6.1.4, it says, New clearing of land for ag shall not be converted to non-ag development for 25 years. And I oppose that. I believe the current level is 10 years. I oppose that, but I can live with 10 years, but I I really oppose the 25-year restriction on my property. Thank you. CHAIRMAN COLETTA: Thank you, sir. (Applause). MR. MUDD: The next speaker is William Clark, followed by Timothy Nance, and on deck is William Liederman Lienemann. CHAIRMAN COLETTA: You're about as good with names as I am, Mr. Mudd. MR. MUDD: I'm trying. MR. CLARK: My name's William Clark. I also have a wholesale plant nursery in the northeastern part of North Belle Meade, Section 13. It's extreme uplands. It's mostly devoid of even pines. Some of it, just by nature, is cleared. There's some question today if I'm going to be fined for that when it comes time to grow more plants or what have you. But I would also like to meet with Mr. Mulhere and have him look at this property because it does not need to be in a sending area. That seems to be the whole it seems to be the whole sense of why you have a sending area is to send environmental land, and this is not at all. No panthers, no Page 86 February 27, 2002 woodpeckers. MR. MULHERE: The northeast portion in fact, the entire, I think, north half of Section 13 is currently designated as neutral lands. It would have no impact. It would not be sending lands. You would be able to continue to farm it and clear it to the degree that you are currently permitted under state or federal regulation. MR. CLARK: I also own in the south half also. MR. MULHERE: The south half is sending. MR. CLARK: And that is more uplands than even the north half. I mean, even in, like, the No-Name Storm and all of these heavy rain times, there was no water whatsoever. I mean, it was almost dusty dry out there. MR. LORENZ: Mr. Chairman, just although wetlands and wetland land cover is very important, also we're talking about upland habitat for listed species. So many times there's some concern that we are not putting uplands into the sending areas. Those are environmentally sensitive because of listed species concerns. So we have not drawn the boundary lines for our sensitive areas based upon wetlands only. MR. CLARK: Okay. I that's different than what I heard earlier, but there is no proof that there's any targeted species there, panthers or whatever whatever species he's referring to. Also, that's a hundred percent of how I make my living, agricultural. I don't have retirements or anything like that. CHAIRMAN COLETTA: I hear you. What I would suggest is make an appointment with staff, Mr. Lorenz preferably, and have him go over it in great detail and see what comes out of it. We want whatever we do we want it to work for everyone, so please stay active with it and don't disappear to the background. MR. CLARK: Also, the TDR your point when they first started, they have not showed me any per unit they'd have to have Page 87 February 27, 2002 about $150,000 per house at, say, $10,000 an acre in a 'TDR, and that's just not going to happen. And, you know, I don't want to get paid 20 years from now for it if you do decide to do this to the property. So I I'm against the TDR program as it is now. CHAIRMAN COLETTA: Thank you. MR. MUDD: Next speaker is Timothy Nance, followed by William Lienemann. COMMISSIONER HENNING: Before we go to the next speaker, Mr. Lorenz, question. In our comp plan, do we regulate or recognize listed species? MR. LORENZ: In the excuse me. In the proposed amendments, we do have a set of wildlife policies that will address listed species at the project site. COMMISSIONER HENNING: So the answer to my question is we don't in our comp plan today, we don't have any language in there recognizing listed species? MR. LORENZ: We we have just just a few policies. We defer mostly to the agencies. The the current Comprehensive Plan was found in noncompliance by DCA through the final order with regards to wildlife protection. COMMISSIONER HENNING: Okay. You answered my question. Thank you. MR. NANCE: Good afternoon. Thank you, ladies and gentlemen, for allowing me to speak. My name is Tim Nance. I'm here as a private citizen to address the interests of the agricultural industry in the rural fringe. I think there's been ample opportunity for conservation interests, and lobbyists and speakers have had a lot of input. I think there's been equal opportunity for developers to speak about development interests and how a TDR program should progress. However, there has been no there has been no representation for Page 88 February 27, 2002 agriculture. Andby agriculture in the rural fringe, I mean small business agriculture that affects all the quality of our lives. Individuals like Mr. Davenport and others who are representing nurseries, roadside stands for produce, tree farms, aviaries, stables for horses, facilities for kennels, and the like are not provided for in this program the way I understand it, and I'll tell you why. Mr. Lorenz showed some maps that showed 19 percent of the area within the rural fringe in agriculture. And, Mr. Lorenz, I believe the largest area is the area just south of what you have on your map. That very large circular area there is farmland that's owned by Six L's Farms. That comprises the great bulk of agriculture property in the area that's being discussed as the rural fringe. That is now designated, if I'm correct, sir, as a receiving area. That would no doubt transfer from agricultural to highly concentrated development of some sort, according to the according to the plan here. Mr. Mulhere was mistaken when he said that the proposed plan meets all the criteria presented by Dr. James Nicholas. And the reason that it doesn't is currently when somebody that has a piece of agricultural property sells TDRs, they lose the right to conduct agriculture on that property. It's a poison pill for agriculture. That activity can no longer continue. So how is small business agriculture going to continue? Sooner or later the TDRs in all the sending areas are going to be sold, and agricultural operations will no longer be possible. Certainly agriculture interests are not going to be successful in a receiving area. Agricultural interests cannot compete in the urban area. Everybody was sad when Long's Market disappeared. How many nurseries are in that area? None, because they cannot compete on an economic basis. So I believe the TDR program is fatally flawed unless agricultural interests can continue after the small businesspeople sell the transfer the development rights to receiving Page 89 February 27, 2002 areas. CHAIRMAN COLETTA: Thank you, sir. Mr. Mulhere. MR. MULHEKE: I think some of what the speaker indicated is true, and some of it I would take exception to. It is true that the majority of agriculture in the rural fringe is found in Area D. Area D is a receiving area. It is true that if the receiving areas develop as we propose, then there will be pressure to convert that agriculture to residential. There are some provisions in the plan, however, that would allow for continued farming operations. For example, clustering development is required. There is no preclusion to cluster the residential at all and continue to farm the balance of the area. You can continue to do that. Where where agriculture is prohibited under the plan is in the most highly environmental environmentally sensitive and valuable sending designated lands. And in those lands if you transfer your development rights, no agriculture is permitted. Agriculture is permitted as a permitted use in sending lands under the provisions of the Right to Farm Act. But if you voluntarily transfer the units, then you give up the right to farm along with transferring those units. But, as an aside, we have not we have not first of all, this is a larger issue that will be discussed in greater detail when we talk about the agricultural issue. But ! would like to add that I didn't have the chance to make the statement earlier that overall when we look at the assessment area, the amount of agriculture in the rural fringe is is not very large. Most of that ! 9 percent that was referenced is unimproved pasture. However, when you look at the total amount of agricultural operations in the county, by far the vast majority exist in the eastern lands. And I think it's important to state here that none of these provisions not one of them none of these provisions are applicable to the eastern lands where the assessment process is continuing. Page 90 February 27, 2002 In the requirement of the final order to protect prime agricultural lands which we don't have any prime agricultural lands in Collier County, but we do have unique and very significant agricultural portions. The provisions to protect those are largely deferred to the eastern lands portion of the study where the vast majority of agricultural operations exist. But there is no prohibition on continuing to farm within the receiving areas. And, in fact, there are certain elements of the plan that would continue to allow farming and allow the property owner to recognize significant investment or income from residential development in a clustered format. MR. NANCE: There are no small businesses agriculturally related of the type that add quality to our life, the semirural lifestyle that many people enjoy, in the eastern part of this county because nobody can afford to have somebody have to drive 30 miles to get to a fruit stand. Nobody in this room is driving 30 miles to go to a fruit stand or nursery or stable or kennel. Nobody can be successful doing that. And when the transfer of developments rights is accomplished on this agricultural land, those people have no residual value of their land. Therefore, the TDR concept will be a failure in that regard. CHAIRMAN COLETTA: Tim, I'm going to have to ask you to wrap it up. But I'm going to ask Mr. Mulhere to respond to that last question. MR. MULHERE: And I will be very brief. I would disagree CHAIRMAN COLETTA: No. You're doing you're doing a wonderful job. You're answering very good questions. MR. MULHERE: I would disagree that there's no residual value because we do continue, for example, to allow for unimproved pasture. So there's some residual value. And, of course, development of one dwelling unit per lot or parcel. Nevertheless, yes, it's true: Within sending lands, after the transfer of development rights, agriculture is a prohibited use. That is to preserve those lands for Page 91 February 27, 2002 their resource value. It's it's a pretty simple equation. CHAIRMAN COLETTA: Mr. Mulhere, I want you to take the time to meet with Mr. Nance and talk this over outside this meeting without the mikes in front of you so that you can have a better understanding. I hear both of you, and you're both saying the same thing over and over again, and it's not going anyplace right at this point in time. MR. NANCE: I just think that the people in the county, their quality of life would be great if we could maintain some agricultural use and have it be so that those people have a right to continue long term and don't have to fight continuously for the right to do that. CHAIRMAN COLETTA: And I think we're in total agreement with you on that. MR. NANCE: Thank you very much. (Applause) COMMISSIONER CARTER: Mr. Chairman, may I ask one question? CHAIRMAN COLETTA: Of course you can. This is your meeting, too, Mr. Carter. COMMISSIONER CARTER: What if as the aspect of leasing land, a 99-year lease I'm a farmer, and I'm a receiving area. I lease my land to a developer to develop on it, but I maintain the underlying rights. Is that being addressed in this process? MR. MULHERE: There's nothing that would preclude that from happening. Probably it would be it's allowed. It would probably happen the other way, I imagine, where the farmer might sell his land and have a 99-year lease to farm it, you know. But we haven't recommended to prohibit agriculture in any area under the COMMISSIONER CARTER: So listening to the last conversation, that is an option in this process? MR. MULHERE: Yes, it is. Page 92 February 27, 2002 COMMISSIONER CARTER: Thank you. CHAIRMAN COLETTA: All right, sir. Would you state your name for the record. MR. LIENEMANN: Yes. My name is Bill Lienemann, and for many years my wife and I have owned, and our family and related entities, in Collier County and in, specifically, the subject area of the Belle Meade North. I'm here today to speak on behalf of my family's ownership as well as, by written authority, various involved and committed landowners, local and across the United States, that comprise approximately a half or more of the subject land area, the 15,000 acres that we're talking about. I wish just to get some information placed on the record. I guess, first of all, I would remind you, as you well know, that it hasn't been very long ago when the focus study was completed, and we thought we had something that we could work with. And, of course, at that time that 15,000 acres was represented as agricultural land that could be developed. The public records reflect that that subject 15,000 acres contains 2500, 2,500, individual land parcels. Public records also indicate that this has about 1,850 individual owners on that 15,000 acres, so they have a lot of people involved. It's been reported in the Naples Daily News that the East Naples Land Company, which is owned by one entity, owns approximately 2600 acres of this 15,000 acres, nearly 17 percent of that total area. Interestingly enough, as I put together some of the figures when I got here today, of the 3500 receiving acres in that 15,000 acres, this one landowner, East Naples Land Company, owns nearly 2600 of it. Anybody can judge what they want from that, I guess. The rest of the 83 percent of the owners of the land that's owned are in the lesser category, receiving not not receiving, sending. I'm not aware of any scientific data presented here today, other than going back to databases that were in the '80s and the '90s and Page 93 February 27, 2002 then upgraded in some manner I'm not sure how they got upgraded that indicates that the land is nonbuildable or jurisdictional. I have data with me and I'm aware of it that there is no hydrology and that the subject land should not be jurisdictional. It's my understanding further I think an important point that I have not heard addressed one time here today by anyone is that the Department of Community Affairs and this is information provided by them has indicated that one of the problems in Collier County is that we have one of the worst hurricane evacuation ratings in the entire United States. CHAIRMAN COLETTA: I have to ask you to wrap it up. Keep on going, but you're short on your time. MR. LIENEMANN: We understand that they have also said that a well-thought-out master plan in this 15,000 acres could enable Collier County to take care of a lot of that problem and perhaps save thousands of lives in case we had a Category 5 hurricane. Finally, then, ! guess, while it appears that lots of things have been studied concerning animals, concerning wetlands, concerning trees, nobody has spent much time talking about humans. (Applause) MR. LIENEMANN: I guess I would ask that as you consider moving forward with this, that this evacuation plan be an important part that affects all of us; that there's something in place on how we're going to be compensated for our individual property. What I heard this morning was that we're going to go forward with this plan. We don't we can't tell you exactly how this is all going to work out in terms of compensation. I don't feel very comfortable with that, and I think a lot of us do not. Thank you. CHAIRMAN COLETTA: Thank you. (Applause) MR. MUDD: The next speaker is Ed Carlson, followed Jean Page 94 February 27, 2002 McCollam, followed by Roberta Wooster. MR. CARLSON: Good afternoon. I think I'm deferring until Monday, but I have a question. One of the things I wanted to learn about was the rural village concept, and I didn't hear that in Dr. Nicholas's presentation. Is that going to be discussed further on Monday? CHAIRMAN COLETTA: Yes, sir. MR. CARLSON: I'm deferring then. MR. MUDD: Okay. Mr. Carlson defers to Monday. The next speaker is Jean McCollam, followed by Roberta Wooster, followed by Ray Pelletier. MS. McCOLLAM: My name is Jean McCollam. I'm a property owner in this area, and I'm a biologist by trade. I feel very strongly that the portion of Area A called Big Corkscrew Island Community should be considered a neutral area, as recommended by your staff, the Planning Commission, and also the Environmental Advisory Committee. Also, I don't believe that a sending area, once rights are sold, should be allowed to convert to agriculture. I think the whole the whole idea of this is to preserve some of these areas that are environmentally sensitive. And though I certainly know we have lots of agriculture in this area, I feel that that's not the place for it. Another aspect to this is there's a section that calls golf courses open areas. It's Policy 6.5.2, parentheses, 1. I really feel that these should not be considered in the same category with natural preserves, natural lakes, and natural spaces, which is, I think, the spirit of this whole thing. Golf courses, as far as wildlife goes, are very different from natural areas in terms of compatibility. And one statement that's come up repeatedly here today is the idea that uplands or pine lands are not environmentally sensitive lands, and this is really a misconception from the perspective of Page 95 February 27, 2002 wildlife. Uplands are critical to wildlife, not just wetlands. When those wetlands are covered with water, most land mammals and a lot of the birds and all those things cannot live in the wetlands. They need those uplands on the periphery to move. Another thing is that these pine lands that we're talking about contain more species of plants than any other community in South Florida, 300, 600 species, depending on where you are. So these are not just plain old pine lands. They're very sensitive. They're very special. There's a lot of plants and critters there that aren't found anywhere else. So not only wetlands are important, but pine lands are too. Thank you for your consideration, and I am for the TDR process. MR. MUDD: The next speaker is Roberta Wooster, followed by Ray Pelletier, followed by Eddie Filer. MS. WOOSTER: Hi. My name's Roberta Wooster, and I want to say good afternoon. In the interest of saving time, I'll be brief. I'm a property owner within Big Corkscrew Island, and I've been a volunteer out at Corkscrew Sanctuary for 12 years now. In order to preserve the sanctuary, a 1-mile buffer zone is essential to keep our water and our animals alive. I've signed the petition which you'll be presented with on Monday requesting that Big Corkscrew Island remain 5 acres, one dwelling. Thank you. CHAIRMAN COLETTA: Thank you. Sir, your name for the record? MR. PELLETIER: My name is Ray Pelletier. I'm a member of your Rural Fringe Committee, and I have a bachelor's degree in agriculture and natural resources from the State University of New York. I was a member of the first committee that looked into this, and I was the lone dissenting voice on a plan that was basically discarded, and that's kind of why we're in the situation we're in. Also, I'm a property owner in Area A. I thought the committee did a Page 96 February 27, 2002 lot of good work. We set aside these natural resource protection areas. But I think that a recommendation that I would have is that you define the area, not just define where it is, but define what qualities that a property should exhibit in order to be called a natural resource protection area. That way you can eliminate a lot of good areas from the bad areas. Also, it's interesting to point out that the state had set up a program to isolate these natural areas called the state areas of critical concern, and a lot of these natural resource areas weren't weren't included in that original study. So now we're adding another layer that the state didn't think was necessary originally. On top of that, I think that these these natural resource protection areas are going back to the state area of critical concern regulations. So you're putting the same regulations on these areas that were supposedly more environmentally sensitive than the areas that are now natural resource protection areas. TDRs is a bad idea. I can't be any more simple than that. CHAIRMAN COLETTA: You have one minute. Don't stop. MR. PELLETIER: Okay. Basically you have to get past the point of understanding or being able to explain to an individual that a person who bought good property has to pay the person who bought swamp land, has to compensate that person somehow. If you do come across that in your in your thinking and you do make that point, you know, maybe you ought to just do an environmental impact fee, and make it simple for everyone, to generate the income necessary, from the people who you would be deriving the money from, the wetland property owners or actually, the dry property owners and transferring that money to purchase the land. That way you have it. It's not just a regulation. Just a clarification. The motion that was made in the Rural Fringe Committee was not to we didn't differ on how to impose the Page 97 February 27, 2002 regulations. The motion was to remove it completely from the program. So you might want to take that into consideration, that the people that have been studying this for two years really had no consensus on the TDR program. Area A, Area A was determined to be the least sensitive environmental area in the whole Collier County rural fringe study area. CHAIRMAN COLETTA: I'm going to have to ask you to wrap it up. Closing statements, please. MR. PELLETIER: And due to some public participation, which we welcome, it was put into a neutral. But the data the data analysis that we studied basically told us that's where development should occur. Thank you very much. CHAIRMAN COLETTA: And, Ray, I want to thank you for your comments and the time you spent working on the Rural Fringe Committee. MR. PELLETIER: You're very welcome. (Applause) MR. MUDD: Next speaker is Eddie Filer, followed by Scott Stonier, followed by Glen Dunavan. Eddie Filer I'll move till Monday. Scott Stoner Stonier I'll move till Monday. Glen Dunavan? CHAIRMAN COLETTA: Glen's here. MR. MUDD: Followed by Emilio Baez. MR. BAEZ: I'm going to waive till Monday. MR. DUNAVAN: You need for me to get up now? CHAIRMAN COLETTA: Yes, please, Glen. State your name for the record. MR. DUNAVAN: My name's Glen Dunavan, and I am a citizen of Collier County and of the United States. I have a degree in the school of hard knocks. We got the biggest campus in the world. In the plan as the petitioners of this thing they give us, the organization Page 98 February 27, 2002 of Audubon Society and Wildlife Federation, they are communistic. Take note I did not say communist; I said communistic. Communism is alive and well in Collier County. To allow one group to take the property of another group is definitely communistic, and that's what you're doing. Well over 90 percent of Collier County is now in government hands. To the east, the north, and south, there's hundreds of thousands of acres environmentally protected. Why in the world would we want to take the little percentage that's left in Collier County away from the people.'? And that's what you're doing. You can call it anything you want to. (Applause) MR. DUNAVAN: You can put any initials on it that you want to, but it's still stealing their property. Thank you very much. CHAIRMAN COLETTA: Thank you, Glen. (Applause) MR. MUDD: Next speaker is Julian Stokes, followed by Doug Ranker. MR. RANKIN: Rankin. MR. MUDD: Rankin. Is Julian Stokes here7 MR. STOKES: Good afternoon. My name's Julian Stokes. I'm an MAI, CRE, CCIM here in Collier County, and I'm a real estate appraiser. I've been here for over 25 years, native Floridian. And I'm here essentially not only as a native Floridian and a longtime resident of Naples, but I'm here as an advocate for private property rights. I'd like to specifically address as an example the O-to-1-mile corridor in the South Belle Meade area that you've designated. My comments and observations can also be generally applied to all the properties subject to the proposed condemnation of the property rights in these areas. And, again, you know, let's not mix (sic) words, you know, or dance around the fact that if it walks like a duck and quacks like a Page 99 February 27, 2002 duck, it's a duck. What we're doing here is taking private property rights away from private property owners. As an appraiser I deal consistently with what we call the bundle of rights, and that's kind of what you're dancing with right here. Mr. Nicholas estimates that there are approximately 4,655 development rights in the sending area at a value of $3,793 an acre. After applying a number of unsupported adjustments, or at least I didn't see them in there, to the total sample model nothing like dealing with regression analysis we're instructed that the total value to the sending area properties is $71,775,757. Pretty accurate. This boils down to about $18,500 per TDR. With this as a basis of value, I can assume that we can conclude that Mr. Nicholas believes that the 2800 acres found within the O-to-1-mile corridor of the Belle Meade area is worth approximately 10,500 $10,500,000 after the proposed proposed condemnation of the property rights. There are just a lot of concerns that I have with this. My biggest fear is that the study is not market based. It's comprised by a series of assumptions that tend to be hypothetical at best. I think that if you were truly going to represent Collier County in this entire effort, you'd better sit down and do some type of analysis on the worst-case scenario with regard to how much money you're going to have to set aside to pay these private property owners for their rights that you're in the process of taking away from them. And it's a huge chunk of change. It's a huge chunk of change. My estimate just in the 1 the 0- to-l-mile CHAIRMAN COLETTA: You need to wrap it up, sir. MR. STOKES: My estimate in the 0-to-l-mile corridor over and above the TDRs is $31,500,000 to $59,500,000 that we're going to have to come up with here in Collier County just to compensate the property owners for their loss of rights. Thank you. CHAIRMAN COLETTA: Thank you. Page 100 February 27, 2002 (Applause) MR. MUDD: Doug Rankin is our next speaker, followed by Emie Cox, and then Ty Agoston. MR. RANKIN: Thank you. My name's Doug Rankin. I'm a local attorney. I'm also a board certified real estate attorney, although I'm one of the few in town that does not represent developers. I'm here basically on my own. I live a couple of miles from here. I belong to a number of organizations that have influence out here although I do not speak for them today because they still haven't reached conclusions such as the property owners association out here. However, I have been aside from being vice-chairman of the party here, Republican Party the only one in town, of course I have been the briefing person for this area, which encompasses all the land within several miles of where we're standing, for years. And, as such, out of my own pocket, I have sent letters every other year to everybody in this precinct to get an idea of where they stand. And so I'm while I'm here only speaking for myself, I do so well informed of what the main concerns are out here, and the main concerns we have out here are roads. Of course, as many of you know, I sit on the Golden Gate Master Plan Committee too. And that's the main thing that and commercial is the main thing we're dealing with. And, you know, I'm not here to express an opinion about this transfer of development rights. What my concern because I don't represent or own property within this area, nor do I know anybody that does. My concern is its effect on the estates that surrounds it and also another issue that's being considered here today and I've seen tossed around at the various levels. My primary concerns about this is the old Area C I don't know what you call it now which is there and the one up around OrangeTree, because this morning one of the things they did is they said it does not propose to affect North Golden Page 101 February 27, 2002 Gate Estates. That's wrong. If you'll notice, Area C here especially and, to a lesser extent, the receiving area around OrangeTree, the majority the only way currently to get to Area C is to come through the estates, and currently about half the way to get to the OrangeTree receiving area is coming through the estates. Well, for those of you who don't understand and I know most of you do right now I'm dealing with a population in the estates that's over the City of Naples and will soon be twice the City of Naples. And it only has (Applause) MR. RANKIN: three or four choke points to get in and out. And my concern, especially with Area C and, to a lesser extent, OrangeTree, is you're going to concentrate development in there. We've they've only come to the Golden Gate Master Plan Committee over the next couple of the last couple of months, and it's only been staff, not members of the rural fringe that have come. But you do the math, and you're talking about 20 or 30,000 people crammed into that area there that have got to get there. And, you know, if this if you're going to do this, you need to make sure that the access to that area is not through my estates because my roads can't handle what we got now, never mind what we're building right now and what you can't change because this is all estates, and everybody can build themselves a house if they want. But I sure as heck don't need another 20 or 30,000 people trying to use White Boulevard. And, in fact, I don't know whether this has been anticipated or not, but I've seen preliminary plans come out of transportation that have showed new roads, like right along the main canal out here, that would destroy the semirural character. The other concern I have and I've seen this floating around is whether you're going to allow quarries in this new area or around this area. As many of you know, I successfully fought for the residents Page 102 February 27, 2002 out here several years the expansion of APAC, and I've heard rumors that there may be them or somebody else looking at more quarries in this area. That does directly affect the northern estates because you can't regulate blasting anymore. They've managed to lobby the legislature and take that away from you. CHAIRMAN COLETTA: Please wrap it up. MR. RANKIN: Okay. And that's we're concerned about that, that you don't allow that in these areas, because if you allow it, you can't regulate them. And it has a great effect on us. When we used to have a lot of it in Collier, a lot of people used to have busted pools, busted houses, etc., etc.. Thank you very much. CHAIRMAN COLETTA: Thank you, sir. (Applause) MR. MUDD: The next speaker is Ernie Cox. Is Emie here? I'll move him till Monday. Ty Agoston is the next speaker, followed by Margaret Campbell. MR. AGOSTON: I'm just a short guy. My name is Ty Agoston, and I like to feel that I speak for that endangered North Golden Gate Estates. I'm also member of the Rural Fringe Committee, on whose judgment and guidance the staff was going to put together the proposal that is not the recommendation of the of the rural fringe. The Rural Fringe Committee never did approve the TDRs. Why? The fine gentleman in the corner there has been telling both you and us about the potential benefits of a TDR, citing, of all places, New Jersey, which is the most densely populated state in the country; or Long Island, where the Long Island Expressway has long been described as the longest parking lot in the world; or Maryland, which is a similar area. I personally believe that this entire concept of TDRs revolves around buying time for environmentalists in order to drive down the property values so the state can acquire Page 103 February 27, 2002 (Applause) MR. AGOSTON: it down the road at a reasonable price, somewhat similar to what happened to southern Golden Gate Estates, where our commissioners sat there and approved a blocking out of utilities and power, consequently limiting the property value. And at that time it was promised that no there would never be government takeover or the use of eminent domain. And guess what's happening today? Those properties remaining in the hands of property owners are being taken to court for eminent domain proceedings. So there is a reason why politicians have taken over the bottom of the professional standings in the country from used car salesmen. In all fairness, gentlemen, you carry and I've said this before an ethical burden. The Collier County Commission allowed some 19,000 property owners raped in southern Golden Gate Estates. You are now in the process of raping an additional some 3,000-some- hundred people with this TDR where our staff and our consultants cavalierly talking about tweaking. Gentlemen, you're talking about someone else's property. What tweaking? You know, I generally tweak my cat's nose. We're not talking about someone's livelihood. You cannot be that cavalier in talking about someone else's not in this country. I came from a communist country, ladies and gentlemen. They give you tweaking there often with machine guns in black alleys. You never complained again. I hope we are not heading down that direction because as we (Applause) MR. AGOSTON: In every area, in every committee that I have been to, environmentalists, activists, paid people are prominently there with spaces reserved for them. And I am not sure if it was publicly acknowledged just exactly what these people want from us. And if you did find what they want from us, maybe you would not be Page 104 February 27, 2002 so agreeable. I have a number of other things that I'd like to cover, but if you don't mind, I would like to register for Monday. And I thank you very much. CHAIRMAN COLETTA: Mr. Augustus (phonetic), you're welcome to register on Monday. Of course, you'll be at the at the bottom of the list. MR. AGOSTON: I've heard that before, Mr. Coletta. (Applause) MR. MUDD: Next speaker is Margaret Campbell, followed by Ruth Sterling and Julian Stokes. MS. CAMPBELL: My name is Margaret Campbell. Thank you for giving me this time to talk to you. My husband and I own 20 acres in the North Belle Meade area. It's a NRPA area. And when I read as I to begin with I was told that it was a sending area, and then as I read this map, that's you-all passed out today, this North Belle Meade, it doesn't it shows it just as a NRPA area. It doesn't say it's a sending area also, so I'm not real sure. Some of the other maps that are out there say it's in a sending area. COMMISSIONER HENNING: Ma'am, it's the same thing. NRPA and a sending area, you're going to find them MS. CAMPBELL: Well, there's there's two different designations here. I was a cartographer with the National Park Service. I notice things like that. So I was trying to figure out CHAIRMAN COLETTA: Mr. Lorenz. MR. LORENZ: Yes. Give me the township and section. I might be able to help you. MS. CAMPBELL: It's 25, 49. I can't see the range. It's right in there. Yes. MR. LORENZ: Okay. That would be a natural resource protection area. Page 105 February 27, 2002 MS. CAMPBELL: Right. MR. LORENZ: But it's also MS. CAMPBELL: A sending area. Right, because this map is not clear on that. About two weeks ago there was a meeting of the planning area the planning the planning committee, and they I was told that when I called the office, that I was told there on Horseshoe Drive that they said, well, since you're on such a small area, only 20 acres, that you really didn't need to that I just needed to come here to let you know of my concerns. So I didn't go to that meeting. I did find out through the paper that I needed to have been there. So I went to the next meeting, which was on Monday, and talked to talked to several of the staff there, and I felt pretty comfortable when I got done. But now when I read this, I'm confused again, especially on page 5 that talks about the state considering purchase of significant areas, and the county and property owners under public acquisitions, the county and property owners should support acquisition of privately owned lands in the North Belle Meade NRPA as a mechanism for CHAIRMAN COLETTA: Mr. Lorenz will address all of those questions for you. MS. CAMPBELL: Pardon me? CHAIRMAN COLETTA: Mr. Lorenz will address all your questions before you leave the podium, but let's go ahead and pick up where you started, and he'll hit them all the way down the line. MR. LORENZ: What she's referring to is the North Belle Meade area agreement that the intervenor, working with the property owner in North Belle Meade, is proposing to the board to adopt as a special overlay district. We have this will be a very specific presentation that will occur after, I think, the agriculture issues that we have. So what she's quoting out of now is what's in that settlement agreement. Page 106 February 27, 2002 MS. CAMPBELL: Okay. So this will be covered Monday; is that what I'm understanding? CHAIRMAN COLETTA: Yes. This is one issue we're going to be covering on Monday. Is there any other detail you might be able to give us just to be able to fill in the blanks and maybe COMMISSIONER HENNING: Why don't we just wait till Monday, that presentation. I think that would be the time to address this young lady's concerns. I don't know if we're going to have enough time for all the presentations, Commissioner. CHAIRMAN COLETTA: Possibly not, but I I don't know if the if you could make it back on Monday. MS. CAMPBELL: I'll work it out. COMMISSIONER HENNING: Thank you. CHAIRMAN COLETTA: And it'll be after six o'clock that the comments will be taken, but the meeting starts at nine o'clock. You may wish to follow along with it and then ask your questions afterwards. MS. CAMPBELL: Okay. Thank you. MR. LORENZ: She could give me a call or my office a call tomorrow, and we could try to answer her questions there to the degree that this is still a little bit of a CHAIRMAN COLETTA: Just swing by the table over here and pick up Mr. Lorenz' card. He'd like you to call tomorrow. MR. OLLIFF: Perhaps a copy of the agreement would help her as well. CHAIRMAN COLETTA: Okay. State your name for the record, please. MR. MUDD: The next speaker is Ruth Sterling, followed by Julian Stokes. MS. STERLING: Hi. I'm Ruth Sterling. If we can go back to North Belle Meade, Section 24, where the Woodland Grade is drawn Page 107 February 27, 2002 on the map there, where 24 would be showing, our property is back there. We are definitely in a NRPA. We're beyond the first cattle grade. And we had heard rumors from the last meeting that they are going to shut down the properties beyond that first cattle grade. Well, that happens to be us. We're homesteaded. We're agricultural. We have both uses. How are we going to be affected by this? Does anybody know? COMMISSIONER CARTER: I'm not sure we understand the question, ma'am. MS. STERLING: We are beyond that first cattle grade, on Woodland Grade. Are you familiar with that area at all? MR. MULHERE: Well, I no. I mean, you're telling me you're in Section 24 in the North Belle Meade NRPA. MS. MR. resource area, and MS. CAMPBELL: MR. MULHERE: STERLING: MULHERE: Right. Yeah. Okay. So the arrow is right where you're at. Yeah. We're just a little beyond there. Okay. That is designated as a natural proposed to be designated as a natural resource protection it is also a sending area. Again, agriculture is currently proposed to be a permitted use in that area. MS. STERLING: So our nursery should be fine? We should have no problems with that? MR. MULHERE: Yes. With the exception of if you determine to transfer residential dwelling units out of that area, under the proposal you would be restricted from MS. STERLING: And that is optional. You're not forced to do that; is that correct? MR. MULHERE: MS. STERLING: You are not forced. Okay. One more question. The East Naples Land Company is going to be doing some developing or whatever and also got mining rights. What kind of mining are we talking Page 108 February 27, 2002 about, and where are they talking about mining? COMMISSIONER HENNING: That's going to be covered on Monday, ma'am. MS. CAMPBELL: On Monday also? COMMISSIONER HENNING: Well, the North Belle Meade discussion is going to be on Monday at nine a.m. At the commissioners' chambers. MS. STERLING: And then we have until six o'clock to COMMISSIONER HENNING: We're going to take final comments at six p.m. Because we know a lot of you folks work at night (sic) and can't be there during the day. But this will be televised during the day, so you you know, if you got work at home and you're next to a TV, you could sit home and watch it. You don't have to come into town. MS. STERLING: I have just one more comment. Mr. Coletta CHAIRMAN COLETTA: Could we have silence in the room, please. MS. STERLING: Your name is not Mr. Mudd. There's a lot of people here who are depending on you to take care of the little guy. CHAIRMAN COLETTA: Thank you. (Applause) MR. MUDD: Mr. Chairman, I need to ask you one question just for just for so we can we have sometimes we have multiple speakers that are representing different people. Do we want to take multiple speakers or give them just one opportunity and then say they can come back on Monday to represent their multiple interests? CHAIRMAN COLETTA: I would say that what we can do is put them aside, and if we got time at the end after we address everybody individually, then we come back to those people that are representing other people. MR. MUDD: Okay. Mr. Stokes, I'm putting your card in the Page 109 February 27, 2002 back because you've already had your opportunity. The next speaker is Mr. Tim Hancock. Your second sheet that you put in, Mr. Hancock, I'm also putting behind Mr. Stokes's. And Mr. Hancock will be followed by Lynda Hittinger, and on deck is Karen Bishop. MR. HANCOCK: Good morning, Commissioners. My name is Tim Hancock, vice president with Vanasse Daylor. I'm here today representing 45 property owners who own more than 1,400 acres of land located within the proposed Belle Meade NRPA, all within 1 mile of the urban residential fringe. This is the area referred to in your materials as the O-to-1-mile corridor. To give you an idea of the area we're talking about and I wish we had a better way to do this this is a map of the South Belle Meade. The areas in green are those areas that are currently in public publicly owned. East of the or west east of the 1-mile corridor, more than 90 percent is in public ownership. West of or included in the 1-mile corridor, more than 73 percent is in private ownership. This red line, in effect, is a public ownership wall that will prevent any expansion of of development to the east. So I think it's important to understand what the public ownership interest is out here and the private ownership interest is over here. First, let me state on behalf of those that I represent that the proposed taking of property rights in exchange for only a promise of partial compensation is wrong. I have 45 petitions signed by property owners in the O-to-1-mile corridor, which I am turning in today, entering into the record their objection to having 90 percent of the use of their land removed from them without the lack adequate compensation for that loss. The primary issue I wish to address today is the taking of that value with the proposed amendments, representing the failure to present adequate remedies for that taking. The first omission in what you've seen today is the impact of TDRs on those properties whose Page 110 February 27, 2002 value exceeds $3,700 an acre. What is proposed basically is if your land is worth less than $3,700 an acre, the TDRs can be a financial benefit to you. But for everyone whose land is worth more than $3,700 an acre, you're getting hurt. And the more it's worth, the worse you're getting hurt, in some cases a loss of 60 to 80 percent of the value of your land. Who's going to pay for that loss? The day you adopt the standards you create the loss. They don't have to wait until TDRs have either worked or not worked to file a claim against Collier County. The day you adopt the standards, the loss occurs. I want to present two very quick options. And I know I'm running short on time. The first option is one that was endorsed by the Rural Fringe Advisory Committee by a 6-1 vote to remove the 0-to-l-mile corridor from the NRPA. We still support that. We still seek it. We still ask for it. Absent that eventuality, another option would be, as was mentioned by Dr. Nicholas earlier, the ability to increase the number of units for TDRs in those parcels that have a higher value. Somebody has got to make up for that compensation. If that is the route you take, I simply ask and I I'm wrapping up in less than 30 seconds, Mr. Coletta, if I may. I ask that you, one, establish the time frame that the property that the program will either be determined that it works, or it is scrapped, not that it's reevaluated. And the other item I ask is that you allow those units to be transferred to areas where they have some market value. Ten- and twenty-acre parcels that already have four units an acre, according to Dr. Nicholas's study, don't need the extra units. It has no value. But the urban residential fringe at 1.5 units per acre is below what the market demands, and it's a very logical receiving area. I ask for your consideration of those, and I look forward to addressing you further on Monday. I also have 20 petitions from Page 111 February 27, 2002 folks that are willing to take whatever legal action is necessary to protect their rights, and I submit that for the record also. Thank you. COMMISSIONER HENNING: Mr. Hancock, a question, please. Your proposal, what was the recommendations I think there was a vote from the EAC. What was their vote? MR. HANCOCK: The vote was 6-1 by the Rural Fringe Advisory Committee to remove it from the NRPA with additional regulations on the COMMISSIONER HENNING: I'll ask my question again. MR. HANCOCK: The EAC, sir, voted unanimously not to do that. The Planning Commission voted unanimously not to do it unless staff found additional support on the environmental side for that proposal. COMMISSIONER HENNING: Thank you. MR. MUDD: Next speaker is Lynda Hittinger, followed by Karen Bishop, and on deck is Cindy Kemp. MS. HITTINGER: Good evening. My name is Lynda Hittinger. My husband and I have been Collier County taxpayers for almost 40 years and residents for 30 years. This TDR plan the county has devised is an insidious design to infringe on private property rights ensured to us by the constitution. I am appalled at the terminology used by the staff at some of these meetings such as using a carrot-and-stick approach to selling the TDR program. Also, the deals being made with the Wildlife Federation and Audubon association and other conservation groups about the so- called environmentally sensitive areas, why are they making exceptions with certain groups and allowing the county to build solid waste resource recovery facilities, public equipment storage areas on land in proposed preservation areas plus numerous other exceptions? This says to me that these so-called sensitive areas, NRPAs, and the TDR program are a ruse to allow one of the biggest land grabs the Page 112 February 27, 2002 county has ever tried. The basis for any free society is a respect for private property rights. This has been completely disregarded. And as for Golden Gate residents, we will be impacted in numerous ways. As Mark Strain said in his Golden Gate Gazette and I quote For some reason, there's a rush to push this plan through without adequate understanding of the impacts it will have on Golden Gate people. The effort may not be worth the outcome for the people of Golden Gate, end of quote. I just wonder now, when will the land grabbers come after us? They've already taken southern Golden Gate Estates. And I'm sure you're asking, as commissioners, what do we do? The state's taking talking to us, telling us to do one thing, and the property owners of Collier County want their rights respected. As David Ellis said earlier, "Let's keep it simple." I have a simple and viable solution, but it will take courage and statesmanship on the part of the commissioners. Tell the State of Florida that Collier County private landowners feel that since 87 percent of the county land is owned by county, state, and fed government along with the environmental conservation groups, the remaining 13 percent should be left in private hands, to be left in private hands to develop as they wish. Eighty-seven percent is more than enough for the so-called endangered species. Or are we becoming the endangered species? (Applause) MS. HITTINGER: Tell the state, hands off Collier County. (Applause) MR. MUDD: Next speaker is Karen Bishop, followed by Cindy Kemp, and on deck is Bob Krasowski. COMMISSIONER HENNING: Karen, before you start, Commissioner Coletta, I was told that there are people from out of town that own property in in the sensitive area, and they're not going to be able to make it here on Monday. So maybe we can ask the Page 113 February 27, 2002 question if people are from out of town that want to speak, to come up on deck so we could cover those people. CHAIRMAN COLETTA: All right. I think I think that's an excellent idea. If you did not turn in a slip or if you turned one in and waived, we'll give you the opportunity at this time to resubmit a slip if you're from out of town. MALE AUDIENCE MEMBER: This gentleman right here wants to speak. CHAIRMAN COLETTA: Well, just take a second to fill out MR. SEGAL: I put a slip in already. CHAIRMAN COLETTA: Great. Okay. Then your last name, sir? MR. SEGAL: Segal. CHAIRMAN COLETTA: Would you pull that out and put it back on? Is there anyone else out there that has a slip that waived originally? If there is anyone while we're going through and you want to add the slip up there to be heard today, we'll be more than happy to take that. Go ahead, Mrs. Bishop. MS. BISHOP: For the record, Karen Bishop. This is going to be simple for me. I'm here representing the Mirasol owners. And Section what's called Area B, Section 10 and 15 are shown in the rural fringe assessment areas, and we believe we're exempt from those areas due to our petition being in prior to the consent order. Also, on the rural fringe assessment maps, we're shown as neutral areas. Now, we already have environmental permits or one of our environmental permits, and Section 10 ultimately will be 100 percent conservation easement. We've also purchased 160 acres in Section 11 which will also be conservation easement, but we have in mind to transfer that density to Section 15. Our plan already shows the clustering of the of the density from Section 10 into Section 15. But what we would like to have the ability to do, which is what when Page 114 February 27, 2002 we went on record for our zoning, is to blend our density for our whole project so that our Section 22, which is in the urban area, is allowed to blend the density into 15. So I just wanted to get on the record to say that we're shown in the NRPA areas. We are not a NRPA. And we're shown as neutral areas, which limits our ability to do what we believe we already have the right to do; except for the density blending, which we do want the right to blend our density. Thank you. CHAIRMAN COLETTA: Thank you, Mrs. Bishop. MR. MUDD: The next speaker is Cindy Kemp, followed by Bob Krasowski, followed by Fred Segal. COMMISSIONER HENNING: Just a minute, Cindy. Bill, can you I remember when this came before us. Is that true what Ms. Bishop said? MR. LORENZ: Well, yes. They had their their petition in prior to the final order. They got it under that window. What we have to do is work with them to make sure that our map is adequately reflecting their their approvals, and I think we may have some problems either in the map or in some of the terminology. So we can get with them prior to Monday. COMMISSIONER HENNING: Thank you. MS. KEMP: Cindy Kemp representing myself and Property Rights Action Committee. It's great to see everybody here. This is what it's all about. And I think if we had some signs maybe outside letting people know that this kind of stuff is going on, this place would be more filled up. I'd like to thank, first of all, Tom Henning and Jim Coletta and the rest of the commissioners for making themselves available with the extra meeting for the public comments. We really appreciate you accommodating the schedule of the people who work. I understand all the man-hours and the controversy involved in Page 115 February 27, 2002 the growth plan. I know you are in a position where you have to satisfy the state, get along with the environmentalists and developers, and not provoke the wrath of citizens. The responsibility of the decision that you have is very serious because it will set the tone for the growth of Collier County. While I am not a planner, an environmentalist, developer, or politician, I am a citizen and a believer in our government. I could argue my opposition of the some of the details of the plan, but my main contention is that these plans are not fair, and are you ready to sell the people out? Getting to know you more as I become involved in the situation, I believe you genuinely care about your constituents or you would never have gotten into such a stressful occupation. For those of us who choose to live in rural Collier County, it is a way of life for us. Establishing receiving areas defeats what we came here for. Maureen Bonness and her neighborhood are an excellent example of this. They do not want a high-density area coming to their pristine neighborhood of Big Corkscrew Island. I applaud her, but I believe that most every resident who lives in a rural area feels the same. Endorsing this plan would upset the apple cart of people's lives. What is the crux of this whole plan, that is the growth plan? I've been watching this for years all around the country. And the answer is, all the way up to Governor Bush, that the politicians are being pressured by the environmentalists so parties get together to make deals where certain people benefit at the expense of the little guy who is stripped of his land, his wealth, and, thus, his power. From my understanding Collier already has 73 percent of its land under environmental protection and another 14 percent pending, thus totaling 87 percent of the land is already acquired for protection. How much land is actually wanted? When will enough be enough? The answer appears to be when the little guy is bankrupt so that Page 116 February 27, 2002 controls and regulations will rule. I understand the need to protect our natural resources, but the pendulum has swung too far on the side of environmentalists. (Applause) MS. KEMP: How will crowding people into smaller areas alleviate environmental problems? I think it will exaberate (sic) it. What happens to sending areas that don't sell and the investment of that owner? Why does everything have to come down to money? What about property rights? What about principles? What about the Fifth Amendment? What about the Bert Harris Act? There are so many things to consider. Why must there always be some sort of quid pro quo? There are too many issues and too much money and too many lives involved. I say first get an extension on this plan so we can have more time to study it. Go to the people. We're doing so much already. And that's it. CHAIRMAN COLETTA: Thank you. (Applause) MR. MUDD: The next speaker is Bob Krasowski, followed by Fred Segal, and on deck is Kevin (sic) Snell. MR. KRASOWSKI: Good afternoon, Commissioners and staff and people. My name is Bob Krasowski. I'm with Zero Waste, and I'm here to speak for myself. I'm not going to comment on the transfer of rights development transfer rights, but I would like to ask some questions regarding some material contained in this document that kind of relate to it as an aside but are included in being approved or not approved and sent to the state. In particular on page 48 of the plan, some new material entered identifies as a conditional use, one of them, a public identifies public facilities including solid waste and resource recovery facilities. And what I would like to request is a definition of a resource recovery Page 117 February 27, 2002 facility because that is a conditional use here. Resource recovery facility is a conditional use under sending lands, and sending lands are described as those lands that have the highest degree of environmental value and sensitivity and generally include including significant wetlands, uplands, and habitat for listed species. Now, I don't know how this got past the environmentalists. I consider myself an environmentalist, but I guess we have different interests, because some of what I understand to be included in a resource recovery facility are detrimental to the and knowingly within environmental rules, are detrimental to listed species you're supposed to be trying to protect by protecting these areas, these resource protection areas. Also in your plan it says that this exemption would be made for the lands that meet the environmental highest category of environmental protection that's that are north of the landfill. We assume you will be receiving responses to your requests for proposals that identify various methods that could be used in handling the solid waste of this community that do not pollute like the known resource recovery facilities do and do not cause noise and require the same that don't create the same conditions as some of these resource recovery I'd like for us to get a definition of exactly what these facilities are. CHAIRMAN COLETTA: ! need you to wrap it up. MR. KRASOWSKI: I'd like to have a definition Monday or before of what those facilities are so we can pick through them to see which ones might not meet these standards. And then also in this document and this is the end of my comments. Thank you, Mr. Coletta there is Goal 8: The county shall maintain Collier County's existing air quality. This doesn't mean that we go to pollution buildout. It means maintain the existing quality. If we adhere to standards that (inaudible) more and more and more as the county Page 118 February 27, 2002 grows, we're going to lose ground in this regard. I say we protect the quality of the environment that we have here now to the extent possible. Thanks a lot, and I'll talk to the staff about getting a definition for resource recovery facilities. CHAIRMAN COLETTA: Thank you very much. (Applause) MR. MUDD: The next speaker is Fred Segal, followed by Kevin (sic) Snell, and on deck is Sonja Durrwachter. MS. DURRWACHTER: I'd like to go for Monday. MR. MUDD: Is that Sonja? MS. DURRWACHTER: Yes. MR. SEGAL: My name is Fred Segal. I'm the president of Broward County Farm Bureau. And I had received a phone call from some of the agricultural interests here in Collier that have asked me to come over here because we've undergone some problems at times in Broward County, with the development we've had in our county, with agriculture and the question of the county's right and ability to regulate agriculture. Now, I've heard mention today of the Right to Farm Act. Unfortunately, you're looking at the wrong statutes. The Right to Farm Act is not what gives the prohibits the county from regulating agriculture. It's Section 163, the Comprehensive Land Use section of the statutes, that exclude agriculture out of that section. Broward County, when it looked into it and its county attorney looked into it, came back with a decision or an interpretation that the county does not have the authority to regulate agriculture through zoning or otherwise and, as a result, passed ordinances (Applause) MR. SEGAL: that stood up to that fact and said that the county does not have that right so the staff would not try to impose regulations that did not apply to agriculture. Page 119 February 27, 2002 In addition, Section 604 of the statutes gives the state let me just read a brief section out of here. And it states that the production of agricultural commodities in this state is a large and basic industry that is important to the health, welfare of the people and to the economy of the state. And it further goes on in that section to state that regulations should not be adopted that in any way inhibit agriculture or make it difficult for people to (inaudible) agriculture. Now, there's been talk about wildlife. Now, I will say a major of our a major portion of our country's wildlife does spend a lot of time on private property, and many farmers and ranchers have taken steps to preserve native habitat and help wildlife populations flourish. They've done this on a voluntary basis. These farmers have made a commitment to manage their property for agriculture use in harmony with wildlife preservation, and they should be allowed to continue to do so without regulation placed on them. Thank you. (Applause) MR. MUDD: The next speaker is Kevin Snell, followed by Joe Bonness. CHAIRMAN COLETTA: Hold just one second. MR. MULHERE: Just for the record again, Bob Mulhere. There I'm not sure if there's some confusion, but I just need to say again for the record that we are not proposing to regulate agriculture in any of the areas. MALE AUDIENCE MEMBER: That's nonsense. MR. MULHERE: We are not proposing agriculture remains a permitted use. We were going to have a full-blown presentation on this, and we still will, in which you will hear opposing opinions as to what the county's abilities to regulate agriculture are, and that will be still forthcoming on Monday. But under our provision agriculture remains a permitted use. The only time that we are proposing a restriction on agriculture is in the sending lands and only after Page 120 February 27, 2002 someone voluntarily transfers units off their property. Other than that it is still permitted. So I needed to state that for the record. CHAIRMAN COLETTA: Monday; right? Okay. Go ahead, sir. For the record, state your name. MR. SNELL: My name is Kelvin Snell, and I own some property on Section 27, Township 47, Range 27. And my complaint is we bought 5 acres of land in 1997. I have three kids eight, nine, and ten boys. We anticipated on living a peaceful life in the country life. My intention was to raise them like I was brought up, to enjoy life in the country. I bought this property anticipating on building a home, and it was zoned abandoned agriculture property. And I just I wasn't able to afford a $250,000 home nor a hundred-thousand-dollar home, so we bought in our budget: A four- bedroom, two-bath mobile home. Matter of fact, they're just installing it, putting it together as we speak. And then all of a sudden I received a rude awakening. Your land has been classified as wetland, a whole 5 acres. So doing the house pad and the driveway cost me an extreme amount of money. Now the EPA is telling me one thing, and the county's saying one thing. They said you must remove nothing on it but melaleuca and pepper. The law says you have to remove melaleuca and pepper. Okay. Now you remove it. Now they're saying wait a minute. That's exotic plants. You got to pay. I have a list here with 135 different plants that I got to plant for moving the melaleuca and pepper. Not only that, I have to restore the the management restoration trust fund. I have to repay this area about $3,000 to restore land which I had to have to build up my property. And I went and evaluated that during wet season. And the problem was coming down Immokalee Road, exit off Rabbit Run Road, there's a ditch where the old farmlands were that run down the Page 121 February 27, 2002 side of the property. And when the water is high, the seeds gets in the water, and it travels down this little ditch. And they and they spread all over the place, and then they grow. And they come out and look at these melaleucas and say, wow, this is wetland. My neighbor's been there for 20 years. He said, "I remember when it wasn't anything on this property." Now it's considered wetland because certain vegetation is on there that I must remove. They're now saying if I remove it, I got to repay it. Now, tell me, if seeds get on property coming down a stream, it's automatic they're going to germinate. And then you look at it and classify them as wetlands, that's not right. (Applause) MR. SNELL: And all the speakers that have spoke one gentleman spoke about the drainage. And when you drive down Immokalee Road, you look to the right, you look to the left, there are certain elevations that's high, there's certain elevations that's low. And they they have a good flowing area where it's low. When it's high, the water cannot travel properly. So I think if we could get the county to get on Immokalee Road and dig those sides out like they've already in some areas, the water would have a constant flow. In one place the culvert is stopped up. And now I'm the only person there's only five living residents out there. And my property is the only one you must have a extra culvert on your driveway. You must have extra this and extra that and replace this. And my neighbor the contractor said, "Wait a minute. Why are they doing you like that? What is this?" They can't understand why. And I can't understand why. Can somebody Mr. Mulhere, can you tell me what can I do? MR. MULHERE: Boy. (Applause) MR. MULHERE: It sounds like there are some some problems Page 122 February 27, 2002 in the permitting process there. Now, that really I that really doesn't have anything necessarily to do with what we're talking about here. It seems to me that the state agency, I'm assuming the DEP, has has fined you, is that what I understand you said, or they're trying to fine you? MR. SNELL: Yes. MR. MULHERE: Because you impacted wetlands, because they're alleging that you impacted wetlands. MR. SNELL: Right. MR. MULHERE: Okay. My suggestion would be that you get with Barbara Burgeson or Stephen Lenberger on the county staff and I think Barbara might be here, but if not, we'll give you a contact number and they should be able to put you in contact with the folks that they deal with at the state to try to resolve these issues in a manner that's acceptable to you. MR. SNELL: And one more thing that we must be concerned about with all the commission and everybody on the staff, sometimes we sit back there and institute laws that really is not legit. All we have to do we should keep this in our mind constantly, about how that the impact the rules and regulations about the (inaudible) department, how we sit back and instituted that, and then it came back to haunt us. Let not this come back to haunt us so an extreme amount of money would have to be paid out because of ignorance. And I do have plans on living on all 5 acres. They're telling me I can only live on the house pad that's, like, 97 feet by 70 feet. They say that's all you can live on and the driveway. And I'm looking back in the back of my property and saying, "How can my kids enjoy this?" They can't even they're not even allowed to go back there on that. And I have you know, I have a list of stuff they just sent me that bills and you know, it's ridiculous. Page 123 February 27, 2002 bill? COMMISSIONER HENNING: Why don't you send them a MR. SNELL: That's what I'm trying not to do. (Applause) MR. SNELL: For stuff that I worked hard for. My land, that's the only and biggest investment that I have, and I can't even enjoy that. I just need you know, I need some help. I need somebody to give me some understanding of what constitutes wetlands. Because there is certain debris on the land? COMMISSIONER HENNING: Mr. Olliff, if you would direct staff to get get with this gentleman to MR. OLLIFF: Barbara raised her hand, and I believe he'll get with Barbara, and we'll go through his particular case. And whether it be DEP or county or South Florida Water Management District, we'll sort it out for him. MR. SNELL: I sure appreciate it. Thank you and may God bless you, and I hope we all can resolve all these problems. Thank you very much. (Applause) MR. MUDD: MR. OLLIFF: The next speaker is Joe Bonness. Joe, I want you to follow that one. Okay? MR. BONNESS: I'm going to have to come back again on Monday after we hear about the rural villages. But just earlier this week I found out about a new classification which was tossed in here which is the neutral zone versus the sending and receiving zone. I represent Southern Sand and Stone. We've got the quarry down on 951 in North Belle Meade. We have property in both Section 12 and 13 that is now classified as a neutral zone. My understanding of a neutral zone is the TDRs or the units that are there have to be used in that area. We can't send them out. We can't transfer them one way or Page 124 February 27, 2002 the other. This 160 acres represents 32 units. The 32 units would have to be used on that portion of property. With the provisional use that we have going on at this point, that 160 acres is either all designated as preserve or as to be dug up as a rock quarry. Kind of puts us into a position where maybe we'll have to put up a high-rise out in the preserve to be able to use our units, because we can't transfer them one way or the other. Which brings up the question of, is there going to be the ability to be able to transfer units from the rural fringe across our border into the urban development zone? We have 400 acres that's across the urban development line, 160 acres which is now in a neutral zone. That kind of puts us in limbo. We can't transfer these units, and we really can't use them there. CHAIRMAN COLETTA: Mr. Mudd, would you respond to that? Not Mr. Mudd, excuse me. Mr. Mulhere. No. Let's give Mr. Mudd a chance. MR. MULHERE: I understand there will be several individuals who will speak regarding the issue related to what Tim Hancock raised relative to the ability to transfer units from an area that is in the rural lands into an area that's in the urban area in a manner that would protect the highest value of natural resources. And we're certainly willing to to meet with with Mr. Yovanovich, and and anybody else that has any concern, to try to take a look at that. It's sort of a hybrid of density blending. And, again and I think, you know, there's some application there. So if I understand correctly, the issue is that you've got some neutral lands here that you can't transfer units out of, but it would make sense that if if there was an ability to transfer some of those some or all of those units into the urban area in close proximity to that that rural sending designation that's just adjacent to the urban Page 125 February 27, 2002 area. We're willing to take a look at that, and we'll try to do that before Monday. CHAIRMAN COLETTA: Are these credits that are already that would be existing? MR. MULHERE: That's correct. CHAIRMAN COLETTA: And by transferring having another place to transfer them, the ones that are left back there, that would put more of a demand on them and more of a value if you were able to do that; is that correct? MR. MULHERE: I think that is correct. MR. BONNESS: Whereas, the way it is right now, the 32 credits have to be used on that 160 acres, but the 160 acres would not be able to support it. CHAIRMAN COLETTA: It makes sense to me, sir, and I'd like to hear the COMMISSIONER HENNING: Mr. Bonness, the property that you're talking about right now of transferring it, you're you're excavating that land? MR. BONNESS: Yeah. And it you know, we have 540 acres there. 160 acres is off the urban development zone. The other acreage is inside the urban area. COMMISSIONER HENNING: So you won't be able to use those units on that because, like you stated, you're excavating on it; correct? MR. BONNESS: Yeah. It's either being excavated, or we have already set it up as a habitat preserve. CHAIRMAN COLETTA: Then there's no value to the units there. MR. BONNESS: No. We still have the unit value on it, even though it's put into conservation easements. The intent was to be able to transfer them onto the other area that's inside the urban Page 126 February 27, 2002 development line, which we probably could have done prior to the Bush moratorium. CHAIRMAN COLETTA: Stick around. This isn't over yet. MR. MUDD: The next speaker is Oaness Arthur Pritzker. MR. PRITZKER: I'm going to waive till Monday. MR. MUDD: Monday? Next speaker is Tony Migliazzo, followed by Bill Lhota. MR. MIGLIAZZO: Everybody hear me okay? Good. I have a question for the committee and counselors, Audubon Society. Who owns land in this rural fringe area that's going to be affected by this? Can anybody raise their hand? No. I'm saying council members that works for the county. Nobody. Interesting. Has anybody decided to contact any of the banks or financial institutes (sic) that have mortgages that are holding the paper on all this property that's going to be affected? These are questions that I want my county commissioners to ask for me. CHAIRMAN COLETTA: Well, we got staff that will answer we're going to get an answer you won't believe. Mr. Mulhere. MR. MULHERE: Well, we didn't we didn't contact any of the banks. We obviously had an economic analysis of the transfer of development rights process by Dr. Nicholas. We also have some bankers on the Rural Fringe Advisory Committee at least one that I know of on the Rural Fringe Advisory Committee. So MR. MIGLIAZZO: I guess my question is, Mr. Mulhere, has anybody let the banks know that they're holding paper on property that may be deemed useless by the wave of the magic wand? MR. MULHERE: Well, I mean, I guess you have to make your comments. And, you know, I I mean, I couldn't agree that they'd be deemed useless. But, I mean, you have to I mean, you just have to make your comments. MR. MIGLIAZZO: Okay. I'll quote you then, "some economic Page 127 February 27, 2002 value." It's just a question. That's all I'm asking. My other question is, when did The Conservancy start calling the shots? The last check I sent in for (Applause) MR. MIGLIAZZO: My property tax checks I sent in, they were addressed to the Collier County Tax Collector. I was pretty sure of that. CHAIRMAN COLETTA: This process, sir, is open to everyone, and I wouldn't say they're calling the shots. We're here today. And I'm listening to you, and I'm listening very clearly to what you're saying. I don't The Conservancy and all the other entities out there, they play into this. But, believe me, you're important your issue is very important to me and the rest of the commissioners. They are not calling the shots. MR. MIGLIAZZO: Okay. I must have been misinformed by the newspaper. CHAIRMAN COLETTA: Very much misinformed, sir. MR. MIGLIAZZO: The Conservancy cut a deal with the East Naples Land Company. CHAIRMAN COLETTA: They possibly did, but you're talking about me as a commissioner. They're not calling the shots. My vote is my own, and I will vote as I see fit. The Conservancy won't whisper in this ear, and the developers won't whisper in the other ear. Sir, I'm listening to you. I'll listen to them and everyone else. MR. MIGLIAZZO: Thank you. CHAIRMAN COLETTA: This has not been predetermined. Understand that now. MR. MIGLIAZZO: I knew there was a reason why I voted for yOU. CHAIRMAN COLETTA: Thank you. (Applause) Page 128 February 27, 2002 MR. MIGLIAZZO: My next statement is to Mrs. Payton and Mr. Comell. If you want this land so bad, get a job and buy it like we did. (Applause) MR. MIGLIAZZO: It costs money to acquire land. Thank you, Mrs. Payton. I'm glad to see you responded to that. My other question is, is that everybody wants wetlands, everybody needs uplands. The state just bought a bunch of uplands in the south blocks, didn't they? Where are the animals going to go to? To all these new uplands that they purchased. We complain about development and how bad it is. We forget being a resident of Golden Gate Estates for 30 years has anybody been here for 30 years to see what it looked like? Pretty flat. Development created one nice preserve out there, so all development isn't bad. That's about all I have to say. Thank you. CHAIRMAN COLETTA: Thank you. (Applause) MR. MUDD: Next speaker is Bill Lhota, followed by Karol Montalto. FEMALE AUDIENCE MEMBER: She defers till Monday. MR. MUDD: Okay. And that brings us back to two speakers that we had before, which was Julian Stokes and Tim Hancock. You're up, sir. MR. LHOTA: My name is Bill Lhota, and I'm speaking for myself and also as vice president of the Property Rights Action Committee. And I'm talking to you commissioners today, and I want to bring up four points to ask you to consider very carefully four points before you make your vote. Number one, where is the constitutional authority in the United States Constitution or the Florida Constitution that empowers the government to adopt and enforce a program such as a TDR? Page 129 February 27, 2002 Number two, consider the injustice to property owners in the sending areas who have their property rights infringed and investment tied up until someone in a receiving area decides to purchase their development rights. There is no guarantee that this will ever happen, only a guarantee that the property of those who are unlucky enough to be in a sending area will have their property rights tied up until it does. Meantime, they sit with devalued land. Number three, consider the fallout of the program against the taxpayers of Collier County who have become who become potential targets of litigation brought about under the Bert Harris Act by these property owners who are adversely affected. Number four, this program is riddled with ambiguities, inconsistencies, uncertainties, and certainly injustice. And if I were in your position, I would feel morally obligated to vote against it. Thank you. (Applause) MR. MUDD: Commissioner, that basically covers all the people that that have (sic) already spoken. And there's two repeats, but they're representatives of different landowners than than the first time that they talked. CHAIRMAN COLETTA: All right. Mr. Mudd, why don't we let them go ahead. MR. MUDD: Okay. The next speaker is Julian Stokes, followed by Tim Hancock. COMMISSIONER HENNING: Mr. Chairman, before they they get up, I must go get ready to travel to Orlando, but I do have a question myself. I know the committee did a lot of work on looking at what is sensitive areas and what is areas that can accept some kind of development, quite a number of hours, and also listened to the TDR process. The question is you got equal areas of receiving and sending lands. Why why not develop a program to where if you Page 130 February 27, 2002 want to develop on the receiving areas, buy the land in a sending area? In other words, buy that property in the sensitive areas instead of the TDR process. MR. MULHERE: I don't think there's any reason why that that program couldn't work, but the rationale behind this was that you did not have to purchase the full the full value you didn't have to expend the full value of the cost of the property. There would be residual value. There would be CHAIRMAN COLETTA: Let him finish. MR. MULHERE: In order to purchase the TDR, you do not have to expend the full value of the property. There would be some residual use. And also, a lot of property owners expressed a desire to be able to keep the property in a fee simple format after they would be able to transfer their units, so that was the rationale behind that. I don't think there's anything that would preclude once the residential development rights had been moved off the piece of property the property owner still selling it either for conservation purpose or leasing it for unimproved pasture. Mitigation would be a strong market. So that was the reason. There was an opportunity for for the property owner to retain some additional value after the transfer of the residential development rights. In fact, they can build a house and live there if they choose to. COMMISSIONER FIALA: So if they were already living there they've got this property, and it's 5 acres or 20 acres MR. MULHERE: Correct. COMMISSIONER FIALA: MR. MULHERE: Correct. COMMISSIONER FIALA: and they have their house there Or 50. Or 50 and their cattle are walking around, and and they even have some pigs and chickens. Okay. Fine. Now they have these transfer of development rights that they are able to sell. Page 131 February 27, 2002 MR. MULHERE: Correct. COMMISSIONER FIALA: And they do, so they've made an extra, I don't know, $18,000 per unit; right? MR. MULHERE: Presumably more than that over time, yes. COMMISSIONER FIALA: Presumably. But they can still stay in their house MR. MULHERE: Yes. COMMISSIONER FIALA: and their cattle can still roam around MR. MULHERE: Yes. COMMISSIONER FIALA: there, and they don't have to move; right? MR. MULHERE: Well, they don't have to move. live in their house, yes. COMMISSIONER FIALA: Okay. So they still so they have their property. They're still living on it. They've just gotten a bunch of money for selling the rights that they would have had on this big piece of property MR. MULHERE: Development rights. COMMISSIONER FIALA: if they ever wanted to MR. MULHERE: Residential development rights. COMMISSIONER FIALA: Right. Okay. COMMISSIONER HENNING: Commissioner, I don't if you take a look at the value per unit and how many acres it takes to get a unit, 5 acres, it's not a lot of money. And my concern is this is another government program to not compensate the people for their fair market of their property. COMMISSIONER FIALA: But they're not selling their property. (Applause) COMMISSIONER HENNING: And, again, we're talking $18 and their chickens and pigs are still They can still Page 132 February 27, 2002 $18,000 per unit for TDR. Go out there in Collier County and buy 5 acres for $18,000. COMMISSIONER FIALA: But I'm saying they're not selling their property. What I'm talking about is the person who's staying there, still has their house, still has their their cows, and they I think some people were under the impression that they were going to then have to move off of their property and couldn't use their property any longer. COMMISSIONER HENNING: It's a limited use. Just like Mr. Mulhere said, you could use it for pasture lands. But if' your cows die, you cannot take and plant orange trees. COMMISSIONER FIALA: Right. But you can bring more cows on there. Right. But you can't plant orange trees. What they're saying is, in essence, and what I'm talking about, is just this one particular scenario, if you will, and that is you own 20 acres. And I've had a couple people suggest that possibly they were going to be forced off of their acreage. No, no, no. You're not going to be forced to move. You can still have your cows there, and you can still live in your house. Well, I'll be forced to get off of there when the plan goes through. You're not you don't have to ever leave. You don't even have to sell your TDRs. You can just stay there because you're there. That's if you want to sell these TDRs and and still stay on your property, as long as you don't then plant a farm or a citrus grove, you can just do your thing. CHAIRMAN COLETTA: Well, you're both right. If I may add something, what you're not looking at is the the picture is the uncertainty of what's happening at this point in time. There needs to be certainty as far as the value goes and what's happening. You're going to have to feel comfortable with the fact that if you do this, that everybody is unquestionably going to be better off. And we have to Page 133 February 27, 2002 hear that point, and they're going to be able to show us that. They haven't yet. Commissioner Henning brought up a good point, and one gentleman made the point over here. If you want the land so much, why don't you buy it? And that's a very good comment. And so you have to make sure that this thing is put together, if you're going to be able to get it together, in such a way that those development rights are going to be right off the book to begin with and going to have a value way over and above it, or else it's never going to work. And I don't know where that guarantee is yet. I don't think we've reached that level of of exploring all the options, but we haven't heard the whole program. The reason we got so such a short time today for the actual program and the presentations was because we had so many speakers, and I absolutely insisted that we roll everything back to allow for all the speakers to be able to speak. So we weren't able to get into what we needed as far as the program goes, the background that we need to be able to discuss this intelligently. I'll be honest with you. I gave all the commissioners tapes from the Planning Commission, and I hope they viewed all 12 hours of them. I know I did. I can't say it was the most interesting meeting I've ever listened to in my life, but I still have a lot more questions. And I'm looking forward to everybody's input on Monday. And I want you to keep your patience for the rest of the meeting. I'm leaving with Commissioner Henning, but we're not riding in the same car. Sunshine. MR. MUDD: Commissioner, we are done with all the speakers. Everybody that was left CHAIRMAN COLETTA: You can return to the program if you'd like. COMMISSIONER HENNING: Except for we don't have a Page 134 February 27, 2002 CHAIRMAN COLETTA: We have three commissioners. We can continue. COMMISSIONER HENNING: We need a chairman. CHAIRMAN COLETTA' In that case okay. This meeting will be continued on Monday. Adjourned. Page 135 February 27, 2002 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:44 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL JAMES N. COLETTA, CHAIRMAN S"i' "'":'"~lI. . ~ese m~nutes approved by the Board on as presented ~ or as co~ected TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING, INC., BY LINDA SULLIVAN AND BARBARA DRESCHER, NOTARIES PUBLIC Page 136