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Agenda 09/15/2009 Item #10A Agenda Item No. 10A September 15, 2009 Page 1 of 22 EXECUTIVE SUMMARY Request approval that the Board of County Commissioners consider including the changes to the Growth Management Plan RLSA Overlay of the Future Land Use Element with the Evaluation and Appraisal Report Growth Management Plan Amendment process beginning in 2012 or in the alternative holding a special Growth Management Plan Amendment Cycle in 2011 to address priority amendments as identified by the "Five-Year Review of the Rural Lands Stewardship Program" report pursuant to the Special Meeting of the Board of County Commissioners held on April 21, 2009 .-. OBJECTIVE: To request approval of the Board of County Commissioners (Board) to process the changes to the Rural Lands Stewardship Area Overlay as part of the Evaluation and Appraisal Report Growth Management Amendment process beginning in 2012, or authorize a special Growth Management Plan Amendment Cycle (special GMP A Cycle) to amend the Rural Lands Stewardship Area Overlay (RLSA Overlay) and related Transportation Element policy(s) of the Growth Management Plan as recommended by the Rural Lands Stewardship Area Review Committee (Committee) in its "Five-Year Review of the Rural Lands Stewardship Program" report. This report was presented and accepted in its entirety as a planning document by the Board on April 21, 2009, including recommendations of the Environmental Advisory Council, the Collier County Planning Commission and the Board. The Committee was appointed by the Board on October 24,2007 by Resolution 2007-305A. CONSIDERATIONS: Policy 1.22 of the RLSA Overlay mandates the five year review of the RLSA program by both Collier County and the Florida Department of Community Affairs (DCA). This review was completed through the Committee-prepared "Phase I-Technical Report" which the Board accepted and transmitted to the DCA in late May, 2008. Policy 1.22 does not explicitly require any further data from Collier County nor does it require amendments to the RLSA Overlay. The March, 2009 "Five-Year Review of the Rural Lands Stewardship Program" report was prepared by the Committee with staff facilitation and limited assistance and includes recommended amendments to the Growth Management Plan RLSA Overlay and a related amendment to the Transportation Element. The Committee presented the Report to the Environmental Advisory Council (EAC) and Collier County Planning Commission (CCPC) separately in public hearings beginning on January 28, 2009 and ending on March 10, 2009. Both the EAC and CCPC submitted individual recommendations to the Board relative to the Committee-recommended amendments to the RLSA Overlay and the Transportation Element of the GMP. Based upon EAC and CCPC recommendations, in March, 2009, the Committee made several modifications to its January, 2009 report to incorporate most of the EAC and CCPC recommendations. The Committee-proposed amendments to the RLSA Overlay, as presented to the Board on April ,'-" 21,2009, include most of the comments and recommendations advanced to the Board by the 1 Agenda Item No.1 OA September 15, 2009 Page 2 of 22 ,- EAC and CCpc. Following a full day of public testimony regarding the "Five-Year Review of the Rural Lands Stewardship Report" the following Board action was taken: . By a vote of 3-2 the Board accepted the "Five-Year Review of the Rural Lands Stewardship Report" in its entirety as a planning document and authorized that it move forward as proposed GMP amendments in a "first in and first out" order in relation to previously filed GMP amendment applications; incorporate the 404,000 credit cap and Stewardship Receiving Area (SRA) 45,000 acre cap, provided backup data is developed to determine the actual credit and acreage cap values; and provided there be placed in a new RLSA GMP policy a statement to the effect that Credits do not provide vested rights to land owners and no excess credits are created. . By a vote of 4-1, the Board authorized proceeding into a special GMP Amendment Cycle (GMPA) at the expense of the private sector in the order of: 2007/2008 GMP Amendment Cycle...15t, Tmmokalee Area Master Plan (TAMP).. .2nd, and RLSA.. ..3rd (see Exhibit 1) . Although no vote was taken, the consensus of the Board was that the Committee has completed its mission and should be dissolved while keeping all "stakeholders" informed throughout the special GMP A Cycle, if authorized by the Board, following one final meeting of the COlmnittee to review an Executive Summary from Staff to the Board which would outline (this meeting was held on June 5, 2009): a. Timing for the RLSA GMP amendments; b. Total costs for the special GMP A Cycle and funding sources; and c. Committee recommendations regarding RLSA Review Committee dissolution. Following the meeting, a number of discussions were held by staff with representatives of Eastern County Property Owners (ECPO) to address the Board's directive that the amendments proceed under private sector funding. ECPO' s position, as expressed to the Board during the April 2151 meeting, is that the RLSA overlay amendments are intended to benefit the County and came from a County-appointed Committee and, therefore, the costs of such amendments should be borne entirely by the County. Considering the current position of the ECPO, if directed to proceed with Options 1 and 2 below the Board would acknowledge that the Rural Lands Stewardship Program is deemed to benefit the entire County and the region and in doing so direct that the amendment process be accomplished at County expense. The options are as follows: . Postpone the RLSA overlay amendments to make the amendments a part of the 2012 EAR GMP Amendment process (assuming the EAR is found to be in compliance by the Department of Community Affairs); . Proceed in 2011 as a Special Growth Management Plan Amendment cycle; or . Direct staff to indefinitely delay any future amendments until such time that the needed funding is identified. Option 1: Consider the amendments as part of the larger Growth Management Plan amendment cycle that will follow the 2011 Evaluation and Appraisal Report (EAR) due to the DCA on January 1, 2011. - 2 Agenda Item NO.1 OA September 15, 2009 Page 3 of 22 a. Typical with the Evaluation and Appraisal Report (EAR) process are follow-up EAR-based GMP amendments drafted and prepared to implement EAR recommendations. The Collier County EAR must be completed and transmitted to the DCA by January 1,2011. Staff will subsequently receive the Sufficiency finding, make the needed revisions and staff the revised EAR through the requisite adoption hearings. Adding in the adoption period window and the applicable appeals period, the corresponding EAR-based GMP Amendments will not begin until early to mid-year 2012. Based upon the current forecasted schedule, the 2012 EAR-based GMP Amendment hearings would not take place until late 2012 or early 2013. b. Delaying the amendments to 2012 would essentially shelve the work performed by the RLSA review committee and the respective reviews performed by the EAC and CCPC for at least 2 to 3 years, and with that most of the work would have to be updated to prepare the proposed RLSA amendments for EAR-based GMP cycle. In addition, staff recognizes that the inclusion of the RLSA Overlay amendments in the EAR-based GMP amendment cycle could adversely impact the schedule for the EAR, and, as noted, the provision for developing the supporting data and analysis is not budgeted. ,,,,"-" c. As noted, if the Board so directs that the proposed amendments be considered as part of the 2012 EAR-based amendment cycle, with the understanding that the ECPG are not willing to fund the process, the Board would be doing so with the understanding that the amendments to the RLSA serve a greater public purpose. This greater public purpose would include RLSA growth management coordination with the East ofCR951 Horizon Study, with the proposed amendments to the Immokalee Area Master Plan, and coordination with the development of the Collier County Interactive Growth Model which projects timely land use and capital infrastructure needs m conjunction with population growth in these specific areas east of CR95 I. Option 2: Schedule a special cycle for this series of amendments. The cycle would follow the lAMP GMP Amendment cycle. a. If directed by the Board to initiate a special GMP A Cycle, due to lack of funding and current staffing to supp011 what would be three simultaneous GMP amendment cycles as well as the EAR, the timing and scheduling of the special cycle could jeopardize the timing of the EAR and possibly the completion of the lAMP cycle. If the EAR is delayed or not found sufficient, the statutory penalty, without exception, is the inability of a local government to propose amendments to the GMP until such time that the EAR is found sufficient by the DCA. ~ b. The approved dates for the 07/08 GMP amendment cycle (See GMP Impact below) are tracking on time. Likewise, the dates for the lAMP amendments are based on a finding of sufficiency and completeness without the need for additional substantive data and analysis. lfthe Board approves a special GMP A Cycle for the proposed RLSA amendments and the amendments are found to be sufficient and complete prior to the proposed amendments ahead of the of the lAMP, it would be practical to move these proposed amendments ahead of the lAMP amendment process. Again, that would only be prudent if the lAMP is delayed while awaiting the submittal of any supporting data and analysis. 3 Agenda Item NO.1 OA September 15. 2009 Page 4 of 22 Option 3: Indefinite delay of any future amendments. a. If the Board directs an indefinite delay of any future amendments at this time, staff anticipates that the Florida Department of Community Affairs (DCA) will likely comment in the EAR Sufficiency finding that the County must address the RLSA Overlay recommendations presented to the Board on April 21st. Policy 1.22 of the RLSA Overlay mandated the five year review of the RLSA program by both Collier County and the DCA. The creation of the RLSA Review Committee was by a Board policy directive. The Board accepted the "Phase I-Technical Report" which was then transmitted to the DCA in late May, 2008. The DCA did not issue any fonnal response to the transmitted "Phase I -Technical Report." The plain reading of Policy ] .22 would indicate that no further data and analysis is required from Collier County nor does it require amendments to the RLSA Overlay. The DCA has verbally disputed the plain reading of Policy ] .22 and contends that at the time of the 5-year Report stage that amendments to the RLSA are warranted if the intent of the Goals, Objectives and Policies set forth in the RLSA program are not being addressed per DCA's assessment. In addition, any future RLSA proposed GMP Amendments must also be reviewed in conjunction with SB 360 which became law when recently executed by Governor Crist. More specifically, the provisions related to establislunent of an unknown trip mobility fee methodology and corresponding legislation is of primary concern. At this time it is impossible to ascertain the exact impacts of a trip mobility fee in lieu of transportation impact fees and transportation concurrency as it exists in Collier County today. Likewise, any amendments related to eastern .__~ Collier County will need to be intebrrated with the Board approved initiative, the Master Mobility Study being undertaken by the Transportation Division. In summary, the department is not adequately funded to take on an additional role of compiling and finalizing the needed data and analysis to support the RLSA Special GMP A Cycle regardless of the impacts and delays in processing the RLSA amendments. If funding is provided for a Special GMP A Cycle, staff would outsource the project to a qualified finn. Additionally, the Board would need to be available to meet to review these amendments during its traditional summer recess in order to meet deadlines and avoid interference with the EAR process. If these conditions are not acceptable to the Board, staff recommends Option 1, the EAR-Based Cycle amendments, as the preferred option. LEGAL CONSIDERATIONS: The County Attorney's Office will assist staff with the implementation of the Board's direction. This item is not quasi-judicial and as such, ex-parte disclosures are not required. A majority vote is necessary for Board action. - HF AC FISCAL IMPACT: There are currently no funds budgeted in the proposed FY2010 County Budget for this special GMP Amendment Cycle. However, should the Board direct staff to outsource the preparation of the submittal and applicable reviews, the cost is estimated to range from $100,000 to $150,000. Funding would come from Fund 111 Reserves in FY 2010. 0'- 4 Agenda Item No. 10A September 15, 2009 Page 5 of 22 GROWTH MANAGEMENT IMPACT: The following schedules for the 07/08 GMP Amendments and the lmmokalee Area Master Plan GMP Amendments have been approved by the Board: 2007-2008 Growth Mana2ement Plan Amendment Cycle Schedule EAC Transmittal Hearing September 2, 2009 CCPC Transmittal Hearing #1 October 19,2009 CCPC Transmittal Hearing #2 October 20, 2009 CCPC Consent December 3, 2009 BCC Transmittal Hearing #1 January 19,2010 BCC Transmittal Hearing #2 February 2,2010 DCA ORC Report April 16, 2010 EAC Adoption Hearing June 2, 2010 CCPC Adoption Hearing #1 July 20,2010 CCPC Adoption Hearing #2 July 23,2010 CCPC Consent August 19, 20 I 0 BCC Adoption Hearing #1 September 21,2010 BCC Adoption Hearing #2 September 23,2010 Immokalee Area Master Plan Growth Mana2ement Plan Amendment Cvcle Schedule EAC Transmittal Hearing December 15, 2009 CCPC Transmittal Hearing #1 January 29,2010 ,,- CCPC Transmittal Hearing #2 February 16,2010 CCPC Consent Aprill, 2010 BCC Transmittal Hearing #1 May 4,2010 BCC Transmittal Hearing #2 May 18, 2010 DCA ORC Report July 30, 201 0 EAC Adoption Hearing September 22, 2010 CCPC Adoption Hearing #1 October 28,2010 CCPC Adoption Hearing #2 October 29, 2010 CCPC Consent December 2,2010 BCC Adoption Hearing #1 January 27 +/-, 2011 BCC Adoption Hearing #2 January 28 +/-, 2011 *Note: Standard hearing start times are as follows: EAC and BCC at 9:00a.m.; CCPC at 8:30a.m. RURAL LANDS STEWARDSHIP AREA REVIEW COMMITTEE: On October 24, 2007, the Board adopted Resolution 2007-305A, creating the Committee as an ad hoc advisory committee to assist in the five-year review of the Rural Lands Stewardship Area Overlay (RLSAO) of the Future Land Use Element of the GMP, as provided for in Policy 1.22 of the RLSAO and the Section 4.08.04 G of the Land Development Code. Resolution 2007-305A provided for a one year "sunset" for the Committee (i.e. October 24, 2008). ,,,,--.... On June 10,2008, the Board approved Resolution No. 2008-163 which extended the term of the Committee members six (6) months to April 24, 2009, based upon the Committee's belief that it 5 Agenda Item NO.1 OA September 15, 2009 Page 6 of 22 would not complete its assigmnents provided for in Resolution 2007 -305A prior to October 24, 2008. On January 6,2009, the Committee voted unanimously to recommend to the Board that the term of the Committee be extended an additional twelve (12) months to allow the Committee to advise and make recommendations to the Board during a special GMP amendment cycle requested by the Committee through its letter dated November 24, 2008, which was distributed to the Board. On February 10,2009, the Board extended the tenn ofthe Committee to April 24, 2010 by approval of Resolution 2009-28. Staff analysis of Resolution 2007 -305A indicates that the Committee has successfully completed its functions, powers, and duties as provided for in Section Four of Resolution 2007 -305A which is recited directly below. 1. Review data concerning the participation and effectiveness in the Overlay meeting the Goal, Objective, and Policies in the Future Land Use Element of the Growth Management Plan. ("Phase I Report" to the Board on ~Ma.v 26,2008) 2. Review the RLSA Overlay and make recommendations to increase the effectiveness of the Overlay. ("Phase II Report " to the Board on April 21, 2(09) 3. Assist in determining the most effective venues and dates to hold public presentations. 4. Assist in promoting public interest in the review process. .^""_....~, The Committee last met on June 5, 2009, and directed that the Exhibit 2 letter be submitted to the Board. There is no indication from the Committee of an interest to meet in the future. As such, the Board may choose to dissolve the Committee with the understanding that the Committee members and all other "Five-Year Review of the Rural Lands Stewardship Report" participants would be given every opportunity to be kept infonned and encouraged to actively participate in this GMP special GMPA Cycle for 2011 or 2012 EAR-based RLSA Overlay amendments. Accordingly, a companion Resolution dissolving the Committee has been prepared for separate action by the Board. STAFF RECOMMENDATION: Staff recommends that the Board take one of the following actions: 1. Direct that the amendments to the RLSA Overlay, as identified in the Committee's report, be incorporated into and considered as part of the EAR-based GMP Amendment process; or 2. Direct staff to hire a consultant to prepare and process a 2011 Special Cycle RLSA GMP Amendment. Work would begin in FY 2010 with funding appropriated from Fund 111 reserves; or 3. Direct staff to indefinitely delay any future amendments until such time that the needed funding is identified. 4. Dissolve the Rural Lands Stewardship Area Review Committee Prepared bv: Thomas Greenwood, AICP, Principal Planner, Comprehensive Planning Department ,....-.. 6 Item Number: Item Summary: Meeting Date: .J. ~e""" J. ............- Agenda Item No. 10A September 15, 2009 Page 7 of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10A Request approval that the Board of County Commissioners consider including the changes to the Growth Management Plan RLSA Overlay of the Future Land Use Element with the Evaluation and Appraisal Report Growth Management Plan Amendment process beginning in 2012 or in the alternative holding a special Growth Management Plan Amendment Cycle in 2011 to address priority amendments as identified by the Five-Year Review of the Rural Lands Stewardship Program report pursuant to the Special Meeting of the Board of County Commissioners held on April 21, 2009. (Thomas Greenwood, Principal Planner, Comprehensive Planning, COES) 9/15/2009 9:00:00 AM Prepared By Thomas Greenwood Community Development & Environmental Services Principal Planner Date Comprehensive Planning 5/23/20099:42:51 AM Approved By Randall J. Cohen Community Development & Environmental Services Comprehensive Planning Department Director Date Comprehensive Planning 7/20/20092:18 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Approved By 7/22/20099:48 AM Mike Bosi, AICP Community Development & Environmental Services Principal Planner Date Approved By Zoning & Land Development Review 7/29/20098:02 AM David Weeks, AICP Community Development & Environmental Services Chief Planner Date Approved By Comprehensive Planning 7/29/20099:25 AM Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 8/3/20098:32 AM Approved By Heidi F. Ashton Assistant County Attorney Date ..c:l_.JII't~\ A __._..J_4.__.t-\______~......\1..,A 0___....._.__L__~ 1~ ",""r\f\n\1f\ I'\r'\Tr'h.Trr'T....rA,,..T"~r:'n nrnr'\T\'T"\1r\ {\ In {"""'AC\ ~ -0- - - ~ - Agenda Item NO.1 OA September 15, 2009 Page 8 of 22 County Attorney County Attorney Office 8/1/20092:15 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 8/17/2009 1: 38 PM Approved By OMB Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 8/20/2009 11 :50 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 8/25/2009 9:27 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 918/20094:15 PM .J:."".l_.!fr"'.\ It. ____..l_~__....\__~___~..J,..\1...,A CI___""__u1-___ 1C ""f"\f\1'\\1^ 0r\TT"lo.,T""""""'\Tl."-A'lrt..TA01:n T'lT'"""'T\r'\T)'T"'\1^ "If) ,,,,^r.A Agenda Item No. 10A September 15, 2009 Page 9 of 22 Exhibit 1 Note: These are partial BCC Minutes of April 21, 2009 meeting...pages 175 through 187. COMMISSIONER COYLE: I'm just trying to contain myself so I don't start talking again. The motion is that we accept the committee's report and that we move -- that I move to move it forward through the GMP process incorporating the compromised changes associated with caps on acreage and a cap on the credits. Did I leave anything out? CHAIRMAN FIALA: What's that banging noise up here? COMMISSIONER COYLE: I'm sorry? 404,000 for the cap, recognizing that you have to develop justifying backup data to submit it to the process and that we make it very clear in the process, in the notice document, that this does not bestow any vested rights on any landowner, okay, and that there will be no excess credits created; is that right? And now you agree with me about the vested rights issue? You agree that this plan does not create vested rights for credits? MR. KLATZKOW: I think we can put in our Compo Plan that exact statement. COMMISSIONER COYLE: Okay, okay. CHAIRMAN FIALA: And that -- and that is also your second, Commissioner Coletta? COMMISSIONER COLETTA: I don't think we varied from our original motion. CHAIRMAN FIALA: No, no. I just wanted to make sure everybody understands what we're doing. And Joe, does that meet your needs? MR. SCHMITT: Bullet number one, yes, ma'am. 1 I Page Agenda Item NO.1 OA September 15. 2009 Page 10 of 22 CHAIRMAN FIALA: Okay, very good. So now we have the motion as restated on the floor and the second. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? COMMISSIONER HALAS: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HALAS: And I'm opposed because I am very emphatic about the credits of315,000 until such time as we empty the granary. CHAIRMAN FIALA: Okay. Thank you for telling me why you are opposed. Would you like to -- COMMISSIONER HALAS: Everything else I agree. CHAIRMAN FIALA: -- state yours as well? COMMISSIONER HENNING: I already did. CHAIRMAN FIALA: Okay, very good. COMMISSIONER HENNING: I know it was a long time ago. CHAIRMAN FIALA: That's all right. I have a short memory, too. It's written down someplace. Okay. So now you're going to take this back-- MR. SCHMITT: Yes, ma'am. Based on that, we've accepted the report. So the second piece, is it the board's desire for staff to come back to you? We'll have to schedule a special cycle for these -- this to be treated as a -- during a special GMP cycle, and we'll come back to you in a formal executive summary with dates proposed for that. CHAIRMAN FIALA: And let me just clarify. Special GMP cycle does not mean that it goes before anything else? It 2 I ~.. OJ 9 Agenda Item No. 10A September 15, 2009 Page 11 of 22 still goes to the bottom of the barrel? It's just a special--like an individual cycle? MR. SCHMITT: I'll make this simple. We're going to try and do the '07 transmittal, followed by the Immokalee transmittal, followed by these GMP amendments transmittal, and then we start the train again with adoption. So it will be sequential. I'm going to try and fit that in. We're going to look at the dates, look at availability, look at your calendar, and all the other things will be placed on your shoulders. So -- and I could -- LDC hearings, you still have the sign LDC. You have lots of other things. We just need to look at all that. And we'll come back to you with a date. CHAIRMAN FIALA: Right. I just wanted to make sure this -- so that everybody is clear that a special cycle does not mean it's a special one that goes before anything else. It still is in line with everything else. It's just an individual cycle. MR. SCHMITT: Unless you so direct it bumps one of the two that's scheduled. CHAIRMAN FIALA: No, no, no. We would never do that, or let me say I would never do that, okay. Okay. So let's see. Commissioner Henning? COMMISSIONER HENNING: Are we bumping anybody out from their submitting of their monies and documents for a GMP amendment? MR. SCHMITT: No, sir. COMMISSIONER HENNING: Okay. So this is -- this is -- this is not going to slow down that process whatsoever? MR. SCHMITT: No, sir. The dates are shown right there on the executive summary. COMMISSIONER HENNING: But the -- we're going to put Immokalee into the RLS (sic) amendments? 3 I Page Aqenda Item NO.1 OA September 15, 2009 Page 12 of 22 MR. SCHMITT: No, sir. It will be a separate cycle. We'll deal with the '07/'08 cycle, Immokalee will be separate because that's -- you're going to have your hands full with that, and then we will -- we will special -- schedule another cycle to deal strictly with the RLSA amendments. COMMISSIONER HENNING: Okay. CHAIRMAN FIALA: Okay. Commissioner Halas? COMMISSIONER HALAS: And the -- who's going to pay for the cost of these amendments? MR. SCHMITT: That's a good question. That's -- that was one of the questions raised by Mr. Cohen as well that they -- in your executive summary, I -- the five-year review was required when you adopted the plan. There was no requirement to do a follow-on amendment cycle so that that's -- that's for you to direct. I'll identify it in the budget as part of our budget preparation if, in fact, you direct that it be absorbed -- we absorb the cost as part of the -- in the county. COMMISSIONER HALAS: Well, when other people come forward with a GMP amendment, they have to put money up front to get that accomplished, and I don't see why we should treat this any different than where a group of landowners want to go forward with these GMP amendments. And I feel that in order to address this, I think they need to come forward with the n10nies that it's going to take to pay for staffs time. CHAIRMAN FIALA: So did you have a motion on that or something? COMMISSIONER HALAS: I'll make a motion that we pay -- that the outside people, the people involved in this Rural Land Stewardship group, the landowners, step up to the plate and pay their fair share to go through with the amendments. 4 I :: G S Agenda Item NO.1 OA September 15, 2009 Page 13 of 22 COMMISSIONER HENNING: I'll second that as long as you say that Bill McDaniels will pay for it if they don't. CHAIRMAN FIALA: I have a motion on the floor by Commissioner Halas and a second by Commissioner Henning. Commissioner Coyle? COMMISSIONER COYLE: Did I understand the phrase their fair share in there somewhere? CHAIRMAN FIALA: I didn't hear that. COMMISSIONER COYLE: Yeah, he said pay their fair share. What is their fair share? COMMISSIONER HALAS: They're going to pay just the -- they're going to pay whatever's required that we ask other people to come forward when they request a GMP amendment. COMMISSIONER COYLE: Is that a fee, Joe? MR. SCHMITT: Well, yes. There's a fee for a basic amendment if you're going to come in as a private submittal. And that fee, Randy, is what, 16,000? 16,500, that -- and then your executive summary, we probably -- we estimate this will probably run somewhere between -- and I turn the page here, 90,000. CHAIRMAN FIALA: Ninety-eight thousand or something like that. MR. SCHMITT: About $91,000 based on staff time and everything involved. COMMISSIONER COYLE: Total? Or is that 90,000 in to the fee that you charge? MR. SCHMITT: No, that's ninety thousand total, not counting the fee. COMMISSIONER COYLE: Okay. MR. SCHMITT: I'm talking everything from legal advertising, court reporter, cost of minutes, cost of printing, everything involved. 5 I J?age Agenda Item NO.1 OA September 15, 2009 Page 14 of 22 Go ahead, Randy. MR. COHEN: Just one other thing, and I think it's probably a necessary item as well, too. If we're going to properly analyze the credits in relationship as to how they entitle acreage, we're probably going to have to have an outside economic consultant take a look at it, just as we did with the rural fringe, and that cost will probably have to be added to it as well. CHAIRMAN FIALA: And, quite frankly, I'm with Commissioner Halas on this all the way, because our budget is so bad as it is, we can't -- you know, we -- we let staff go, and we can't even build roads and things now, and we can't -- we can't afford to do something like this. And I think we would jeopardize the whole county by us forwarding this. So unless we find a funding source for this, I could not vote on moving that forward. MR. COHEN: And the one other thing is, I think we'll probably need to put a caveat on that that would be with my staff remaining the same as well, too. COMMISSIONER HENNING: That's not in the motion. MR. SCHMITT: Nick wanted -- MR. COHEN: I just wanted to let you know. MR. SCHMITT: Nick wanted to add the transportation study involved as well, and Nick, this is only your staff time involved? MR. CASALANGUIDA: Yeah. Nick Casalanguida with transportation. We put in an estimate in there just for staff time, not to go through and run the analysis of that transportation study done by WilsonMiller. Weare doing some analysis right now with our general, you know, funding that we get annually. But to do a specific study of what you're proposing, I'll have to put something together for Joe 6 I ~)~.c,'~ Agenda Item NO.1 OA September 15, 2009 Page 15 of 22 to bring back to you and tell you what we would -- you know, what it would take for us to do that. COMMISSIONER HALAS: Well, I think the costs have got to -- MR. SCHMITT: I would recommend that we, as staff, come back to you during one of the upcoming BCC meetings, identify the dates for the special cycle, which then you can vote on, and we'll also identify costs. CHAIRMAN FIALA: Okay. COMMISSIONER HALAS: Good. CHAIRMAN FIALA: So would you like to repeat your motion, Commissioner Halas? COMMISSIONER HALAS: The motion is that the special cycle for this RLSA program be paid for by the landowners that are involved in this process. CHAIRMAN FIALA: And Commissioner Henning? COMMISSIONER HENNING: And just to reiterating, it's not taking anybody out of the hopper right now. COMMISSIONER HALAS: That's true, and this is frrst in, frrst out, right. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: No cutsies. MR. VARNADOE: Commissioner Fiala, could I make just one comment. I just want to set the record straight. The landowners did not ask for a Growth Management Plan amendment. You appointed a committee, you asked them to make some recommendations to you, they did. They're the ones that are recommending the Growth Management Plan amendment, not the landowners. So when you say that, it's not our amendment, Commissioner Halas. And I know that you don't want this to go 7 I Page Agenda Item NO.1 OA September 15. 2009 Page 16 of 22 forward, but let's be fair about it. COMMISSIONER HALAS: No, no. MR. VARNADOE: Wedidnot-- COMMISSIONER HALAS: I want it to go forward, George, but there's -- we don't have the money, okay. MR. V ARt~ADOE: We've taken -- COMMISSIONER HALAS: So if you want this to go forward, George, somebody's going to have to step up to the plate, and the taxpayers aren't going to step up to the plate on this. We just don't have the money. MR. VARNADOE: So why did we not think about this two years ago when we appointed this committee? COMMISSIONER HALAS: Well, I don't know, because things could change. CHAIRMAN FIALA: We didn't have the problem two years ago. MR. VARNADOE: Well, the landowners are willing to talk to your staff about participating, but this is not our amendment, and I want that clearly on the record. That was your committee that made this recommendation. CHAIRMAN FIALA: Well, we don't even have to go forward then as long as that's the case. COMMISSIONER COLETTA: Oh, no, no, no. CHAIRMAN FIALA: Commissioner Coletta? COMMISSIONER COLETTA: No, let's vote on this with the idea that this thing has still got to come back with Joe to be able to give us a total in-depth story of what the cost is going to be. At that point in time, we can hear from everybody and his brother, and if we have to, modify our decision if there's any reason to do so. 8 I F '~.:: Agenda Item NO.1 OA September 15. 2009 Page 17 of 22 CHAIRMAN FIALA: Okay. Go ahead. MR. SCHMITT: If I could clarify. Ifwe don't do it now, we end up doing it as part of the -- probably as part of our EAR-based amendments, and that's going to delay it probably, Randy, 2012, 2013 when -- by the time we do an EAR and then do our EAR-based amendments, because essentially what you did here was an evaluation and appraisal report of your GMP but only for the Rural Land Stewardship Program. Certainly those kinds of things are absorbed by the taxpayer as part of your every-seven-year amendment cycle. And if we don't do it as part of the special cycle, it would most likely fall into the EAR process. CHAIRMAN FIALA: Okay. Any other comments from commissioners? COMMISSIONER COLETTA: Just one quick one. That's also something else that can be weighed out by the landowners at that point in time, you know, whether that cost is justified against waiting in the -- for a time off in the distant future. CHAIRMAN FIALA: Okay. We have a motion on the floor and a second. All those in favor, signify by saying aye. COMMISSIONER HALAS: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN FIALA: Opposed, like sign? COMMISSIONER COYLE: 'Aye. CHAIRMAN FIALA: Okay. We have a 4-1 vote on that. Okay. MR. SCHMITT: And the third one you've already discussed, so we're not bumping any other cycles. 9 I Page Agenda Item NO.1 OA September 15. 2009 Page 18 of 22 Go ahead, Randy. MR. COHEN: Commissioners, there's one other thing that I think we need clarified. This committee has done Phase I and it's done Phase II. Obviously we have other things that are still going to be in the hopper for them to review or participate in. The question really is is, is it your intent for this committee to continue to meet at various times and stay in existence, or is it -- are we at a point in time now that we're -- the report's moving forward and it's going to be moved into a GMP amendment cycle, do you want the committee to redissolve? And that's a fundamental question as to how you view this committee and how you want their involvelnent. Obviously with amendments moving forward and the like, you may want them to continue to be in existence and be an active group as stakeholders, and that's your call. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: We asked them to provide a report on any changes, and they have done that. They've done a very good job on it. That is going to be a cost to continue that, just like the east of lands study committee. That's going to continue. There's a cost on to that. At a certain point, even our president says, you know, he's going to cut some of these out. We need to do the same thing. We need to thank the committee formally through a letter by the chair, and move on. MR. SCHMITT: Yeah. Ifwe continue with these meetings, minutes, televising them, sometimes televising these meetings. We could certainly sunset this committee but still have stakeholders involved as it evolves through the -- through the amendment process, and certainly there will be involvement from the landowners, and most likely because of the authors of this -- 10 I .~ 3. 9 e Agenda Item NO.1 OA September 15, 2009 Page 19 of 22 WilsonMiller when they developed the original plan, will certainly be involved in this as well. CHAIRMAN FIALA: Okay. Commissioner Coletta? COMMISSIONER COLETTA: Yeah. I understand where Commissioner Henning's suggestion's coming from, and I'd like to save money whenever possible; however, this committee has been quite a resource that we have come to depend upon, and we wouldn't be as far as we have been as far as bringing this plan forward if it wasn't for them. I would suggest that we have them meet one more time when Mr. Schmitt gets the proposal together so that they can critique it and offer us their final advice, and at that point in time sunset them, because we're far from completed here. We have -- we have some stuff still in flux. MR. SCHMITT: That's fair. When we come back with the GMP amendment, we'll identify what -- the desires of the committee in regards to whether they would like to continue or sunset, and we'll bring that back as well. CHAIRMAN FIALA: Okay. All in agreement? Do I see some nods from my commissioners? Yeah. COMMISSIONER HENNING: Boy, that was turned around. Geez. CHAIRMAN FIALA: Go ahead, comment. COMMISSIONER HENNING: Commissioner Coletta said about the executive summary, bringing it back on the next agenda COMMISSIONER COLETTA: No, I didn't say that and get the committee's recommendations. What you said is get the GMP amendments together and then -- MR. SCHMITT: No, sir. I'm coming back to you with an executive summary to identify the dates for the special cycle -- 11 IF;:) <) e Agenda Item NO.1 OA September 15. 2009 Page 20 of 22 COMMISSIONER HENNING: Right. MR. SCHMITT: -- along with the costs. What I heard Commissioner Coletta say was also for the committee to meet one more time to discuss what their future is. COMMISSIONER COLETTA: When you have the information together -- MR. SCHMITT: The information on the -- COMMISSIONER COLETTA: -- and you can come back with your staff recolnmendations so that they can dovetail everything that they learned into that to be able to bring us to a final conclusion. COMMISSIONER HALAS: When do you anticipate that happen, to bring that back? MR. SCHMITT: It would be -- COMMISSIONER HALAS: The final conclusion. MR. SCHMITT: I'm thinking of the dates, the May 12th meeting. It may be the second meeting in May, the BCC meeting. COMMISSIONER HALAS: All right. And then we can sunset it after that. MR. SCHMITT: Whatever your direction is. I heard Commissioner Henning say -- COMMISSIONER HENNING: I'm going to make a motion that we sunset the RLS (sic) Committee and direct the chairman to write a letter of appreciation for their time. CHAIRMAN FIALA: You mean sunset them today, or what do you mean? COMMISSIONER HENNING: Yeah, I think we have to do that formally on an agenda. MR. SCHMITT: I would have to look at the ordinance. I don't recall -- I can't recall if there was an official sunsetting date. I'm looking at Jeff. I have to look at -- 12 I F '3 9 e Agenda Item No.1 OA September 15, 2009 Page 21 of 22 MR. KLATZKOW: How about when Joe comes with his executive summary we can take care of the issue at that point in time -- COMMISSIONER HENNING: Right. MR. KLA TZKOW: -- one way or the other. COMMISSIONER COLETTA: Okay. So in other words, leave it open. I just, that last bit of information, I'd love the feedback from that committee. I see what you're saying. Give us a choice that we can work with, then I have no problem with that. And I assume that they probably want to get on with the rest of their lives, but don't relax too long. We're going to recycle you. CHAIRMAN FIALA: Okay. Now, you've made the motion. Is that a second? COMMISSIONER COLETTA: No, no. I didn't second. Well, the motion that Commissioner Henning made didn't quite represent what I'm looking for. His was just to sunset it now. CHAIRMAN FIALA: Would you like to restate your motion, Commissioner Henning? COMMISSIONER HENNING: You said you're going to bring it back -- we're going to bring it back up on the agenda? MR. KLATZKOW: Mr. Schmitt's bringing it back on the executive summary on this entire matter. This could be one of the issues he brings up as well. COMMISSIONER HENNING: That's fine. MR. SCHMITT: We extended this committee -- COMMISSIONER HENNING: I remove my motion. CHAIRMAN FIALA: Okay. MR. SCHMITT: -- once, and I'm not aware of the dates, so we'll bring it back. CHAIRMAN FIALA: Okay, very good. So now everybody's set? May I have a motion to -- 13 I ;::> a 9 .2 Agenda Item NO.1 OA September 15, 2009 Page 22 of 22 Exhibit 2 June 10, 2009 The Honorable Donna Fiala, Chairman and Members of the Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, Florida, 34112 Dear Chairman Fiala and Commissioners: The Rural Lands Stewardship Area Review Committee ("the Committee") on June 5, 2009, asked me, as its Chairman, to submit a letter to the Board of County Commissioners (Board) advising that the Committee has completed its functions, powers and duties as provided for in Section 4 of Board Resolution 2oo7-305A which was adopted on October 24, 2007. These functions, powers, and duties included the research and preparation of both the Phase 1 Report (review of the Rural Lands Stewardship Program activities during the first 5 years) and the Phase II Report (review and recommendations regarding the Rural Lands Stewardship Overlay). The Committee wishes to thank the Board for its support to proceed with a special Growth Management Plan Amendment Cycle for considering the Committee recommendations to improve the Rural Lands Stewardship Area Overlay of the Future Land Use Element of the Growth Management Plan. These recommendations are contained within the Phase II Report which was heard during the public hearing held before the Board on April 21, 2009. The Committee feels strongly that the process it followed allowed for maximum public participation in the Committee's meetings and assisted the Committee in making its findings and recommendations. As Chairman, my job was made easier through the very dedicated members who actively served on the Committee including Neno Spagna, Vice-Chairman, Brad Cornell, Zach Floyd Crews, Gary Eidson, David Farmer, Jim Howard, Tom Jones, Bill McDaniel, Timothy Nance, Tammie Nemecek, Fred N. Thomas, Jr., and Dave Wolfley. On behalf of the Committee, it has been a pleasure to serve the Board and Collier County while completing this project in a timely manner as originally set forth in the Project Management Plan. Please plan to keep me and the members of the Committee informed of the progress of our recommendations as they are addressed in the Growth Management Plan Amendment Cycle. Very sincerely yours, K/C $~ .:3Jl. Ron Hamel, Chairman Rural Lands Stewardship Area Review Committee CC: County Manager James V. Mudd