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EAC Agenda 02/05/1997 MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD DATE: January 8, 1997 TIME: 9:00 A.M. PLACE: 3rd Floor Boardroom, Administration Building, Collier County Government Center, Naples, Florida EAB STAFF PRESENT Foley X Chrzanowski X Hermanson X Lenberger X Hinchcliff X Ashton X Lamoureux X Saadeh Excused Absence Straton X Wilkison X MINUTES BY: Stephen Lenberger, Environmental Specialist II CALLED TO ORDER AT: 9:03 a.m. ADJOURNED AT: 10:05 a.m. PRESIDING: David S. Wilkison, Chairman ADDENDA TO THE AGENDA: APPROVAL OF MINUTES: Motion made by Mr. Hermanson, seconded by Mr. Foley and carried 6/0, to approve minutes of December 6, 1996 with correction made from Blair A. Foley as Chairman to David S. Wilkison as Chairman. ITEM: Consent/Administrative Approval Agenda PETITION NO: Commercial Excavation Permit "No. Ex. 59.591" Motion made by Ms. Straton Seconded by Mr. Foley and carried 6/0, to place Commercial Excavation Permit No. 59.591 under regular agenda for discussion. Environmental Advisory Board Minutes January 8, 1997 Page 2 ITEM: Regular Agenda PETITION NO: Commercial Excavation Permit "No. Ex. 59.591" FILED BY/FOR: Jim Weeks REQUESTING: The petitioner plans to dig 3 each 1.67 acre lakes for a total acreage of 5 acres of lake on a 10 acre parcel. The lakes will be excavated to a depth of 18 ft. 0 in. (maximum allowable for commercial excavation is 20 ft. 0 in.) to allow some degree of cold protection during dry season low water levels. REPRESENTED BY: Jim Weeks MOTION: Made by Mr. Hermanson, seconded by Mr. Hinchcliff and carried 5/1, to approve Commercial Excavation Permit No. 59.591 with the following stipulations: 1. The agricultural clearing permit will be issued only after South Florida Water Management District (SFWMD) and U.S. Army Corps of Engineers (ACOE) permits or letters of exemption have been obtained. 2. If the operation is to be used as a fish farm then no requests for incidental take permits or permits to dispose of state or federally listed bird species shall be applied for by the petitioner. ****** COMMENTS: For a complete record of the proceedings reader is directed to the tape recording of this meeting, located in the Office of the Clerk to the Board, 5th Floor, Building "F", Collier County, Government Complex. There being no further business, the meeting was adjourned by order of the Chair. Environmental Advisory Board David S. Wilkison, Chairman gdh/c:1.8EABMinutes Preliminary Report January 17, 1997 An Assessment of the Environmental Policy Technical Advisory Board (EPTAB) PRELIMINARY REPORT Prepared by: William D. Lorenz, Jr. , P.E. Director Natural Resources Department Community Development and Environmental Services Division January 17, 1997 Preliminary Report January 17, 1997 INTRODUCTION AND PURPOSE The purpose of this report is to evaluate the necessity of the Environmental Policy Technical Advisory Board (EPTAB) in light of the current and future requirements it must address and to evaluate possible areas of concern in order to improve the efficiency and effectiveness of the County's approach in protecting its natural resources. The report identifies several possible alternatives and recommends an efficient approach that will continue to provide the neccessary input to the BCC regarding environmental issues. EPTAB was established in March, 1991. A major purpose of this advisory committee was to assist staff and provide recommendations on the various programs and land development regulations specified in the Conservation and Coastal Management Element (CCME) of the County's Growth Management Plan (GMP) . EPTAB provided input to staff and conducted several workshops on major efforts required by the GMP such as the Habitat protection ordinance and the Natural Resources Protection Area Program (NRPA) . For the first four years, EPTAB met twice a month to accomplish its responsibilities but now meets only once per month. -2- Preliminary Report January 17, 1997 EPTAB's activities have been reduced since most of the environmental programs required by the GMP have now been addressed. There are no more policy initiatives required by either the current update of the CCME or requested by the Board of County Commissioners (BCC) . Because of this change in focus, EPTAB has discussed its future direction on several occasions in the past year. -3- Preliminary Report January 17, 1997 CURRENT SITUATION Enabling Authority The Conservation and Coastal Management Element of the County's Growth Management Plan contained a requirement for the County to establish a technical advisory committee to advise and assist the County in the activities involed in the development of a comprehensive environmental management program (Policy 1. 1. 1) . Additionally, the CCME specifically identified the the technical advisory committee to work on the NRPA program (Policy 1.3.3) . In March of 1991, the Board of County Commissioners approved the formation of EPTAB to advise the BCC in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources of or within the County (Ord. No. 91-26) . EPTAB's mission is quite broad in its scope of coverage and it is to function to advise on the "preservation, conservation, protection, management and beneficial use of the physical and biological natural resources (atmospheric, terrestrial, aquatic and hydrologic) of the county in regard to the safety, health and general well-being of the public. " EPTAB has the authority to advise and assist the County in -4- Preliminary Report January 17, 1997 developing the purpose, intent and criteria of all county ordinances, policies, programs and other initiatives dealing with natural resources. Additionally, EPTAB is to assist in the implementation of the growth management plan and to serve as the technical advisory committee as stated in Policy 1.1. 1 of the CCME. Membership Originally adopted as a nine-member advisory board with members having technical expertise in a variety of environmental disciplines, the BCC soon increased its membership to eleven (11) by adding other representative areas such as individuals from the development community. As of October 31, EPTAB has five(5) vacancies. Staff Support/Costs The Natural Resources Department is assigned the responsibility to provide support to EPTAB. For FY95/96, Natural Resources staff spent 166 hours on EPTAB functions. The total cost of supplying support to EPTAB is approximately $5, 000 for FY95/96. This includes personnel ($4, 600) , mailing ($200) and copying ($400) costs. Staff from other departments periodically have made presentations on a variety of subjects. These costs have not been recorded but are estimated to be less than $500. -5- Preliminary Report January 17, 1997 Past Accomplishments EPTAB has worked on various issues in the past five years (Table 1) . Most of the effort has been focused on activities required by the Growth Management Plan, notably the Habitat Protection Ordinance and the Natural Resources Protection Area (NRPA) Program, including the review of the Clam Bay NRPA management plan. In the last year, EPTAB was involved in the preparation of the Evaluation and Appraisal Report (EAR) and in the evaluation of the problems of exotic vegetation in the County. TABLE 1 Selected List of EPTAB Accomplishments 1. Environmentally Sensitive Lands Acquisition Ordinance; 2. List of NRPA's with mapped areas and general descriptions; 3. Review of the Coastal Zone Management Plan and LDC Amendment; 4. Workshop reviews and recommendation of the Habitat Protection Ordinance; 5. Workshop reviews and formulation of the NRPA Programs; 6. Workshop reviews and formulation of the Clam Bay NRPA; 7. Review and recommendation of the Critical Aquifer Recharge Management Plan; 8. Recommendation for Sand Dollar Island; 9. Recommendation for Wiggins Pass Inlet Management Plan; 10. Manatee Protection Plan - Review and Recommendations. 11. EAR Report Review and Recommendations 12. Exotic Plant Report (pending) -6- Preliminary Report ' January 17, 1997 PROBLEM IDENTIFICATION A major area that reduces the efficiency and has caused some problems is the relationship of EPTAB to the Environmental Advisory Board (EAB) and the Development Services Advisory Committee (DSAC) . Other problems include the change in direction for implementing the original Growth Management Plan and attracting qualified members. Overlapping Responsibilities The EAB's major function is to act in an advisory capacity to the BCC in matters dealing with the review and evaluation of specific zoning and development petitions on their impact upon the County's natural resources. The EAB reviews and recommends environmental stipulations for a variety of development orders. These environmental stipulations essentially implement the policies recommended by EPTAB and approved by the BCC. On occasion, the EAB will conduct workshops or discuss existing or proposed environmental regulations. The DSAC was created to assist in the enhancement of operational efficiency and budgetary accountability within the Comunutiy Development and Environmental Services Division and to serve as a -7- Preliminary Report January 17, 1997 primary communication link between this Division, the development community and the citizens of the county. A specific function of the DSAC is to provide input to staff regarding the creation of new rules, processes and procedures associated with the development industry. Like the EAB, the DSAC reviews and comments on new environmental regulations and code changes. All three advisory committees are involved with the review, input and recommendations for exisiting and new environmental regulations. In the past, this has led to some confusion as to which advisory committee staff should solicit review of proposed environmental regulations. Staff now tries to ensure that each advisory committee is briefed on proposed regulations or topics of interest. This of course increases the cost of developing the proposed regulations since staff must work with the three separate advisory committees. Implementation of Environmental Programs Collier County received a Florida Growth Management Award from DCA for its Growth Management Plan in the category of Natural Resources Protection. The Conservation and Coastal Management Element contains many environmental programs that were required to be completed by August 1994. These programs have been developed and proposed to the BCC with the BCC implementing some aspects of the programs. Now there are less GMP-related requirements that are planned to be accomplished in the next n year. -8- Preliminary Report January 17, 1997 The BCC has also determined that the pace with which GMP related environmental programs are being implemented is sufficient. Additionally, two staff positions were reduced in the Natural Resources Department. Thus, the work efforts of the NRD have primarily shifted away from the programs identified in the Growth Management Plan and are now focused on other operational requirements such as waterways maintenance and technical assistance to other county departments. The BCC has also indicated that environmental data gathering and planning are to be reduced as well. Since there are less environmental programs requiring development, there is less need for a technical advisory committee to provide input into BCC mandated activities. Staff is planning only two activities requiring EPTAB input for FY96/97. The EAR amendments will be based on the EAR report of last year in which EPTAB already provided input. Incentives for protecting habitat are now being developed and will be presented to EPTAB. EPTAB has had a number of discussions as to its future role. In early 1996, EPTAB decided to research environmental issues and prepare white papers with recommendations to the BCC. A report on the problem of exotic plants is scheduled for the November 1996 meeting. -9- Preliminary Report January 17, 1997 Membership The primary consideration in appointing advisory board members is to provide the BCC with technical expertise neccessary to effectively accomplish EPTAB's purpose. The eleven-member advisory board recently has had many vacancies, either by term expiration or resignations. Several advertisements have been required to encourage applicants to apply for membership. In the past EPTAB has not recommended certain applicants because they lack expertise in the required technical areas. Thus it has been a problem within the past two years to attract members who have the technical qualifications identified in EPTAB's enabling ordinance. -10- Preliminary Report January 17, 1997 ANALYSIS OF ALTERNATIVE SOLUTIONS With the completion of many GMP mandated programs and the policy shift of the BCC away from environmental planning and analysis, EPTAB is experiencing a shift in its original focus. Whereas, the amount of programs facing EPTAB just after the adoption of the original GMP justified a separate advisory board, the amount of effort required for BCC-mandated programs could now be supported by other existing advisory committees (i.e. , EAB or ''1 DSAC) . Thus, possible alternatives to be considered should include the consolidation of functions with either the EAB or the DSAC. Included below is a description of possible alternatives and an analysis of advantages and disadvantages of each alternative. Do Nothing This alternative consists of maintaining the status quo. EPTAB would continue to function as it has in the past. Staff would continue to coordinate issues among the three advisory boards as appropriate. -11- . Preliminary Report January 17, 1997 The advantage of this alternative is to have one advisory committee focus its attention on environmental issues, especially those of a long-range planning nature with emphasis on problem solving. A disadvantage of this alternative is the continued need for staff to coordinate issues with three advisory committees. Timing of proposals and advisory committee feedback beomes difficult when the advisory boards meet only once a month. Eliminate EPTAB and Use the EAB This alternative consists of eliminating EPTAB and having the EAB n perform EPTAB's current functions. This would require the EAB to add other topics to its current agenda. An advantage of this alternative is to reduce the number of advisory committees that require coordination by staff for land development regulations and other proposals. Another advantage of this alternative is that the EAB is involved with recommending stipulations for development projects and therefore has a basic understanding of how proposed regulations are likely to effect the development review process. A disadvantage of this alternative is the time needed to perform both functions. Regular meetings now last approximately 1 to 1 1/2 hours. Since EPTAB meetings usually meet for 1 1/2 hours, -12- Preliminary Report January 17, 1997 the consolidated committee would expect to meet for approximately 3 hours per month. EPTAB has also used subcommittees to work on various issues thus requiring more time from its members. Eliminate EPTAB and Use the DSAC This alternative consists of eliminating EPTAB and having the DSAC perform EPATB's current functions. To implement this alternative, it is recommended that the DSAC establish an environmental subcommittee to handle the environmental topics. An advantage of this alternative is to reduce the number of advisory committees that require coordination by staff for land development regulations and other proposals. Since the building and development community is represented on DSAC, this interest group would become immediately familiar with new environmental issues. A disadvantage of this alternative is that the current focus of this advisory committee is on many non-environmental issues. Although DSAC has a position designed to represent the environmental community, no current member represents an environmental organization. Modify EPTAB's Current Structure This alternative consists of reducing EPTAB's membership to a -13- Preliminary Report • January 17, 1997 five or seven member board. The advantage of this alternative is to increase the probability of obtaining sufficient qualified applicants. The disadvantage is to add more workload to the membership serving on various subcommittees. -14- s Preliminary Report January 17, 1997 RECOMMENDATIONS Staff recommends that the BCC consider consolidating the functions of the EAB and EPTAB into one Environmental Advisory Board. This single advisory committee will have the responsibility for providing the BCC with advice and recommendations for all environmental issues. Functions and Duties The new EAB will retain the duties of the present EAB and will also function to recommend the nature of the County's environmental management program required by Policy 1.1. 1 of the Conservation and Coastal Management Element. It will be responsible for reviewing land development projects, proposed environmental ordinances, Growth Management Plan issues, and other environmental programs and initiatives. Membership The membership of the current EAB should be increased by at least two members to carry out its new mission thus having a membership of seven. Membership qualifications should be consistent with the present EAB and EPTAB requirements. -15- Preliminary Report January 17, 1997 Meeting Frequency Meeting frequency may need to increase by up to 50%. Special meetings could be used for workshopping specific issues. Subcommittees should be used to reduce the time the full advisory board must meet. Subcommittee meetings will still require public notice and staff support. Staff Support Primary staff support will come from both the Planning Services Department and Natural Resources Department. Implementation Schedule -' Staff estimates that a new ordinance for the expanded EAB could be brought to the BCC in 3 months after receiving administrative direction to proceed. An outline of the implementation process is provided below: Task Description Time (weeks) to Complete 1. Administrative Direction 0 2 . BCC Direction to Proceed 3 3 . Draft Ordinance for CAO Review 2 4 . CAO Review/Final Public Hearing Draft 4 5. Advertising/BCC Public Hearing 3 -16- Preliminary Report January 17, 1997 ATTACHMENT A ENABLING AUTHORITY ARTICLE I. IN GENERAL agement and protection of air, land, and water resources and environmental quality Secs. 54.1-54-25. Reserved. in the county. (2) Assist the board to establish goals and ob- jectives for the county's environmental con- ARTICLE II.ENVIRONMENTAL POLICY servation and management programs. TECHNICAL ADVISORY BOARD* (3) Assist the board in developing and revising, as appropriate,local rules,ordinances,reg- Sec. 54.28. Establishment. ulations,programs and other initiatives ad- dressing the use, conservation and preser- There is hereby established the environmental vation of the county's natural resources. policy technical advisory board,which shall herein be referred to as the EPTAB. (4) Assist in the implementation and develop- (Ord. No. 91-26, § 1) went of the growth management plan re- garding environmental and natural re- Sec. 54-27. Authority; functions;powers and source issues. duties. (5) Assist the board in identifying and recom- (a) The environmental policy technical advi- mending solutions to existing and future sory board obtains its jurisdiction, powers, and environmental issues. limits of authority from the board of county corn- (6) Serve as the technical advisory committee missioners and, pursuant to this article, shall act to advise and assist the county in the ac in an advisory capacity to the board in matters tivities involved in the development and im- dealing with the regulation,control,management, plementation of the county environmental use or exploitation of any or all natural resources resources management program as stated of or within the county. in Policy 1.1.1 of the conservation and (b) The advisory board will function to: coastal management element of the growth management plan. (1) Advise on the preservation, conservation, (7) Implement the water policy pursuant to protection, management and beneficial use chapter 90, article II of this Code. of the physical and biological natural re- sources (atmospheric, terrestrial, aquatic (8) Provide an opportunity for public comment and hydrologic) of the county in regard to on environmental issues, ordinances and the safety, health and general well-being of programs. the public; (Ord. No. 91.26, § 2) 2 Advise and assist the county staff and board Sec. 54-28. Membership. toward developing the purpose, intent andp• criteria of all county ordinances, policies, (a) The environmental policy technical advi• programs and other initiatives dealing with sory board shall be composed of 11 members who natural resources. shall be appointed by and serve at the pleasure of (c) The powers and duties of the advisory board the board.Appointment to the advisory board shall are as follows: be by resolution of the board and shall set forth the date of appointment and the term of office. 11 Identify, study, evaluate, and provide tech- (b) Vacancies on the advisory board shall be nical recommendations to the board on pro- publicized in a publication of general circulation grams necessary for the conservation,manwithin the county, and vacancy notices shall be 'Cross reference—Boards,commissions and authorities,I posted in the county libraries and county court- 2.816 et seq. house. Along with the applicant responses the -17- ! 54-28 COLLIER COUNTY CODE ` board's staff shall provide the board with a list (f) For the full term of the initial appointments, outlining the qualifications and demographic back- the three members serving until September 30, ground of each candidate, including the present 1994 and the two members serving until Sep- members seeking reappointment. tember 30, 1995 shall have demonstrated exper- tise(c) Members shall be permanent residents and in biology(including any of the subdisciplines such as botany,ecology, zoology,etc.)and/or wild- electors of the county and should be reputable and active in community service. life management. After the expiration of these initial terms of appointment, the vacancies may (d) The primary consideration in appointing the be filled by members demonstrating expertise in advisory board members shall be to provide the any of the abovementioned areas related to envi- board with technical expertise necessary to effec ronmental protection and natural resources man- tively accomplish the advisory board's purpose, agement. Members shall demonstrate evidence of expertise (g) Any member of the advisory board may be in one or more of the following areas related to removed from office by a majority vote of the board. environmental protection and natural resources management: air quality, biology (including any (h) Members shall be automatically removed if of the subdisciplines such as a botany, ecology, they are absent from two consecutive meetings without a satisfactory excuse or if they are absent zoology, etc.), coastal processes, estuarine pro- cesses,hazardous waste,hydrogeology,hydrology, from more than one fourth of the meetings in a hydraulics, land use law, land use planning, pol given fiscal year. Members shall be deemed ab lution control, solid waste, stormwater manage sent from a meeting when they are not present ment, water resources, wildlife management, or during at least 75 percent of the meeting. other representative areas deemed appropriate by (Ord. No. 91-26, § 3; Ord.No. 91-48, § 1) the board such as, but not limited to, a represen- tative of the development community. See• 54.29. Officers and support staff. ,e) The initial terms of office of the members of (a) The officers of the environmental policy tech the advisory board shall be as follows: nicai advisory board shall be a chairman and a vice-chairman. Officers' terms shall be for one ti) Three members will serve until September year, with eligibility for reelection.The chairman 30, 1992; and vice-chairman shall be elected by a majority vote at the organizational meeting and thereafter 12) Three members will serve until September at the first regular meeting of the advisory board 30, 1993; in October of each year. (3) Three members will serve until September (b) The chairman shall preside at all meetings 30, 1994; of the advisory board.The vice-chairman shall per- form the duties of'the chairman in the absence or 4) Two members will serve until September incapacity of the chairman. In case of the re- 30, 1995. moval, resignation or death of the chairman, the After the initial term of appointment, each ap- vice-chairman shall perform such duties as are pointment or reappointment shall be for a term of imposed on the chairman until such time as the four years. All terms of office shall expire on Sep- advisory board shall elect a new chairman.Should tember 30. Terms of office shall be limited to two the offices of chairman and/or vice-chairman be- consecutive terms unless waived by the board by come vacant, the advisory board shall elect a sus censor from its membership at the next regular a unanimous vote. A member may be reappointed by the board for only one successive term and shall meeting. Such election shall be for the unexpired apply with other applicants. Terms shall be stag- of said office. gered so that no more than a minority of such (c Professional support staff for the advisory members' appointments will expire in any one board shall be provided by the environmental ser- year. vices division and such other county staff from CD54:6 ENVIRONMENT 4 54.57 elsewhere within the county government as may, Items shall come before the advisory board as from time to time, be requested by the advisory scheduled on the printed agenda unless a specific board and deemed necessary by the county admin- request arises which justifies deviation by the ad- istrator. visory board. (Ord. No. 91-26, § 4) (Ord. No. 91-26, § 5; Ord. No. 91.48, § 2) Sec. 54-30. Meetings;quorum;rules of proce- dure. Sec. 54-31. Review process. (a) Regular meetings of the environmental The environmental policy technical advisory policy technical advisory board shall be held on board shall be reviewed for major accomplish- the second Wednesday of each month at 9:00 a.m., ments and whether the board is serving the pur- or as otherwise determined by the advisory board, pose for which it was created once every four years in the commissioner's meeting room,Third Floor, commencing with 1994, in accordance with the Building "F," Collier County Government Corn- procedures contained in chapter 2, article VIII, plex, Naples, Collier County, Florida. Special division 2 of this Code. meetings of the advisory board may be called by (Ord. No. 91-26, § 9) the chairman or by a majority of the membership. Such meetings may be called subject to public no- Sec. 54.32. Reimbursement of expenses. tice to reduce an overloaded agenda or to consider a specific topic. Members of the environmental policy technical (b) A simple majority of the appointed mem- advisory board shall serve without compensation, bers of the advisory board shall constitute a but shall be entitled to receive reimbursement for quorum for the purpose of conducting business. expenses reasonably incurred in the performance_ An affirmative vote of six or more members shall of their duties upon prior approval of the boarc' be necessary in order to take official action, re- county commissioners. gardless of whether six or more members of the (Ord. No. 91-26, § 8) advisory board are present at a meeting. (c) The advisory board shall, by majority vote Secs. 54.33-54.55. Reserved. of the entire membership, adopt rules of proce- dure for the transaction of business and shall keep a record of meetings, resolutions, findings and de- terminations. The advisory board may establish ARTICLE III. WATER POLLUTION subcommittees comprised solely of its member- CONTROL PROGRAM ship to facilitate its functions. Meetings of the subcommittees shall conform to the same public notice requirements as that of the advisory board. Sec. 54.56. Title and citation. (d) At the regular meetings of the advisory This article shall be known and may be cited as board,the following shall be the order of business: the "Collier County Water Pollution Control 1 1) Roll call. Ordinance." (Ord. No. 89.20, § 1) 12 Approval of the minutes of previous meeting. Sec. 54.57. Applicability. '3) Old business. This article shall apply county-wide. '4) New business. Ord. No 89-20, § 2) 5 Public comments. State law reference—Conflicts between ordinances of non• charted counties and municipal ordinances, Fla. Const. '6) Adjournment. VIII, §d). CD54:7