Backup Documents 10/23/2012 Item #11B WA N
0(1‘rid9;19k
EASTERN COLLIER PROPERTY OWNERS
October 22, 2012. 11 B
Commissioner Donna Fiala Commissioner Georgia A. Hiller
DonnaFiala @colliergov.net GeorgiaHiller @colliergov.net
Commissioner Tom Henning Commissioner Fred W.Coyle
TomHenning @colliergov.net FredCoyle @colliergov.net
Commissioner Jim Coletta
JimColetta @colliergov.net
Dear Commissioners:
In 2007, Collier County began its required Five Year Anniversary review of the County's landmark
strategic plan for eastern Collier County, the Rural Lands Stewardship Area Program ("RLSA"). In April
2009, after almost two years of work by a citizen committee appointed by the Collier County Board of
County Commissioners (the "BCC") and more than 25 public meetings and hearings, the BCC voted to
accept the Citizen Committee's Report and to move ahead with the review and adoption of
recommended GMP amendments.
In its Executive Summary for the public hearing before the BCC on December 14, 2011, the
Comprehensive Planning Department recognized "that the amendments to the RLSA serve a greater
public purpose and were arrived upon through a collaborative process to improve the overall
effectiveness of the optional RLSA Overlay." "In addition, the amendments are establishing a new
agricultural stewardship credit to protect an additional 40,000 acres of land from residential
development, and will establish a definitive cap in the amount of stewardship receiving area
development." The BCC accordingly directed staff to move the RLSA amendments forward as part of the
GMP EAR-based amendments.
At the December 14, 2011 meeting, the Conservancy of Southwest Florida offered funding to hire an
outside consultant to provide review and analyses of the RLSA Amendment package. In making that
offer to the BCC,the sole caveat imposed by the president of the Conservancy, as stated on page 366 of
the transcript of that public hearing was, "But we would want you to have independent consultants who
don't do business with my organization or any other organization in the RLSA." (the "Stipulated
Criteria"). The BCC accepted the Stipulated Criteria and the Public Notice for Invitation to Bid ("ITB")
was issued accordingly on May 2, 2012,
Now, however, over 10 months after receiving direction from the BCC as to how to proceed, staff is
coming back to the BCC with a recommendation to reject all bids submitted in response to the
:9/ a Aft,
October 22,2012
Page 2 1 1 B
solicitation. Their reasons for doing so, as stated on page 1 of the Executive Summary for the upcoming
public hearing and documented in the trail of emails that accompany the Executive Summary, are
justified. On May 25, 2012, over three weeks after the ITB was issued, the Conservancy's lawyers, in
presumably good faith, but apparent inadvertence, submitted language for a proposed donation
agreement with the County prohibiting the County from hiring a consultant currently or previously
engaged by the County to provide services to it. This language contradicted the Stipulated Criteria;
ignored its requirement that the consultant did not"do business with my organization"; undermined the
intended effect of the Stipulated Criteria offered to and accepted by the BCC; rendered the ITB moot;
and disqualified the firms that submitted bids which otherwise met the Stipulated Criteria because they
were currently or had previously been engaged by the County to provide services to it. Unfortunately,
no one realized any of that at the time and through apparent mistake the language was included in a
donation agreement entered into by and between the County and the Conservancy on or after June 13,
2012.
One of the options (Option 1) staff is now recommending in the Executive Summary for Tuesday's BCC
public hearing is to "direct staff to repost the ITB with the conditions of the contract clearly articulated
within the posting." Staff offers Option 1 notwithstanding its"concern that a second round of proposals
may also not be successful in identifying a firm that would satisfy all clauses of the contract between the
County and the Conservancy." We urge the BCC to reject this tail wagging the dog exercise in futility. It
will simply perpetuate the repudiation of the Stipulated Criteria offered to and accepted by the BCC in
the public hearing last December; promise little likelihood of success in securing an independent
consultant; further delay review of RLSA GMP amendments at advertised public hearings before the
EAC,the CCPC,and the BCC; and provide no corresponding public benefit to justify the delay.
The County recognized its obligation to complete the EAR-based amendment cycle and the BCC directed
staff to move the RLSA amendments forward as part of the GMP EAR-based amendments over 10
months ago. Option 2 proposed by staff in the Executive Summary directs staff to take responsibility to
initiate the RLSA amendment process to finalize the EAR-based amendments. It is a clearly preferable
alternative for getting on with such an important task in the public interest in a professional,
businesslike manner. We urge the BCC to select it.
Florida's growth management overhaul in 2011 and resulting changes at the Florida Department of
Economic Opportunity (formerly DCA) have significantly streamlined the GMP Amendment process and
requirements for local governments. Coupled with the extraordinarily thorough and well documented
5-year review process conducted by the County, County staff can prepare and process this plan
9
lk 1/611
October 22,2012
Page 3 ("1‘.
amendment in the same capable manner they as the have with all other EAR-based amendments, without 1 + B
an outside consultant.
We therefore respectfully request the Board select option 2 as described in the BCC Executive Summary,
directing staff to initiate the RLSA Amendment process without further unnecessary and unproductive
delay.
Respectfully Yours,
EASTERN COLLIER PROPERTY OWNERS:
Pacific Tomato Growers,Ltd.
By.
Collier Enterprises
By: ' `i _.
Y
Half Circle L Ranch Partnership
By:
English Brothers
Barron flier Companies
By: ✓t./1
Consolidated Citrus,LP/Kin: R=nch, Incorporated
V t1
By. I� eC AZti-4
Alico Land Development Corporation
Oar t 0 I
By: — -—
f
. *, •
Russell riddy
cc: County Manager, Leo E.Ochs,Jr. (via email: leoochs @colliergov.net)
6434-13239-Doc#301
11, 8
... nv, r, ,, 2... n (r) n m Z > X
3 /'1
A arm m rn Z A 3rG 3 Z
A O v) FE m a 2 r A O ctrl , ° co m a
3 a oTo ' P C) 171 3 o " o ' �`� 171
X a z � c = ,_ O v a z � c m
1q X -I ` � � 3 m � WI m c��nrn p 3 m V/
m �� v Z O rt �� r71 rn �'� O rt ' rn
0 3 � D70 0: F �J 0 3 rnDID rt r-
O ~ z m O m ~ z = m �` I
7a 0 -I 0 > g: a 7 / "):s (2 " 73 a 0 c) > ..,a) -- - ---'
-i 7zF �\ 1"1 0 ' zm X=0 O. * Dz () "` 2 2 0 * DZ ? 2
M _ '° —1
= m = rry k J ,-� m m r' n, —
a w rnW � � � �� a w rnWW �, ' n
W C� ,,4w S. W u 1- z W
r � 7D > ph 171 Z � DN 17'1
4 --I 093 € P -4 --4 Oa3 t i 73
O --I . 1 s ,� I O cm c z I
m rn � � � ' 0
m o o � � v° ��'t v o ono 0
5
u, n C Dc � m 1 a C Dcx m _
'+ 0 , . z 4 772 A N 0 H � z Cr A
--1 3 rn ' --- - m = 3 r" � n r-- "� M.
CO --II DAN 3 co --II DAN �� 3
O oz °o O CA oz8 �� m� c M
C > 3 - b > 3Oc°n —�' t
0 0 c3z O � -4 C3z ? .1 a
O rn Nrnv 3 a) 8 m 0 co g r 3 -1 Doo t N 3 -I Doo :: H
.0 0 z -I _ rt D O z -1 Q ` rt> °0 �+ SON i 'J p 0 rnD -A. S O rn > -N c
m O � rn .4 m O , m � �;�
0 m Z m � � m ? rn � crnri
co -I rn D -1 m › S
L.m m mOD -r, 0 m m m0 �• � C- O
I q A z D A Z D \ ;t-, .,
Oo '� � � co a � o � �'� ran
0 z �° 03 a 71 W z M
GI n �
n c'
_ 0c c-- c m oc c
0.> � to
0 al C • ,
lib
ncnn 7o z a 3118
A 3yo .o a m m n A 3gG "0 > m m /'1
m 3Irn ca m Z n � 3Wrn m m p
° O ` mn ' a 0 3 c ono GI n1
xi z ° z ri av > x rn ° Z ' 3
r" m 7:i Z � 3 q m to rn _< 'v m
� rn rn
0 3 x61 0 '� m p 3 rnD70 n1
p l nno ' ∎ m O 71 1 ~ ~ Z 3 m
o
0 o , zrrn _ Iy 0 o � Drn w H
Z -- � > z k )4,_► z = zp ('' y \ z
m m -goo -1 m N
m 3 N cif -'4 m m i o
n rn co W n a W rn W . 1 n rill
m 3 mm- ; r m 3 m6-) m
m Z � › v) Z 7CD � >
m rn
O 1 � z m
'
-� n m rn 0 y r -� -Ti oo crnn rn e.
p O� 0 m 73 C3 VI 'r a
a
CI 0 � z < r v v o ox 7 v
0 0 XI
y n Dc7° ' m CA n mop_ o i Le-.
w O � 2z ( A Z 0 _1 zz -� N =e'
ran amoWn as a" m omo0on Lr es
m z ° CN 3 W -I D � N
p u 23 -I °0 , 2 CD 0 a p z 5 c, a.
xi Z 3 � 0 3 .= 7o z 3 -I o to
° v ° �,
v 2 to z G -1 CL
O m
0f v
3 -I yo I. / 3 -i yoo r
a o "P 0 z Q 73
rt
O f 7 C a H N a (D
° n O 0 om C
° m CC
u m d p 70 n p 7o 73 n 7, rn-i m °
-i m 073 rn
O It
cn I Z m z 2 m z rn 0
rn N g
C
M m AOD 0 A n o �
Li _ � Dr -1 = pr- uui
m �a., � o s m CO N � o p
z ,� OW z p OTW °`N '0
n G)
I 8 co I o � c
D z n. a z Let
o rt v r*
m un
3D 3 m n � G D m m O � prn a z r n 0 0
3 O 8 g. ` '� v rn
C 6
r m v) rn v 3 m
I rn
.n 3 rn > X' �
3 0 m ~ n - T NI Lc
� z (I)
zz ° * DZ 2
_
a= gip ► - P
r
m p I (i)%4
el= co o
W (.;.) t ‘ '
n (-71 r
r• rzw
m Z 7� D
CDcn
(4 M m
C m O < z rul r61
X 7o O a
m
2 3 rnaz n ri
= m oocn !.
a
m -I ° -I o N I (Q
a a 0o N �'i = (D
7O z z -4 o C� is
Pa a c3z O ',l � •c L.
O m rn l 0 ... '�
cn ,,, m , C
�.° z •• Iml
•p 0 -lob
rD a pON O v mD c v o 3 p 7o 80 , I
O c 0 N A ` it
r=r1 2 w
e, w ti Q 3
C -< D -I °E iN
XrnD
m m rno > o
co
_ ;i73 � qt
m p S vV
Z 70 -0O
GI n -
I OS r `. m
m zN a
a rt
i