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Proposed Consolidation COMMUNITY DEVELOPMENT SERVICES DIVISION PROJECT PLAN REVIEW SECTION MEMORANDUM TO: Sue Buck, Administrative Secretary County Manager's Office FROM: John F. Madajewski Project Plan Review Manager 41/t— DATE: May 10, 1993 RE: Proposed Consolidation of Environmental Advisory Board and Environmental Policy Technical Advisory Board The information requested in your May 4, 1993 memo is being provided in the attached report. JFM/ew/doc: 6044 Attachment cc: EAB Binder Chrono File CONSIDERATION FOR COMBINING ENVIRONMENTAL ADVISORY BOARD (EAB) WITH ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD (EPTAB) OBJECTIVE: To maintain the Environmental Advisory Board (EAB) and Environmental Policy Technical Advisory Board (EPTAB) as separate boards. See also "Attachment A" letter to Mr. Neil Dorrill from George H. Hermanson, Chairman Collier County Environmental Advisory Board. CONSIDERATIONS: Staff has completed the review of goals and functions of the EAB. The following information is submitted to describe the EAB. Collier County Natural Resources Department will address the goals and functions of EPTAB. Environmental Advisory Board 1. Definition and Function: The EAB replaced the Environmental Advisory Council (EAC) and the Water Management Advisory Board (WMAB) per Land Development Code Section 5. 13 . 1. 2 . The EAB acts in an advisory capacity to the Board of County Commissioners in matters dealing with the review and evaluation of specific zoning and development petitions and their impact on the regulation, control, management, use or exploration of any or all natural resources of or within Collier County. The function of the EAB is: Review and recommend stipulations addressing the preservation, conservation, protection, management and beneficial use of the County's physical and biological natural resources (atmospheric, terrestrial, aquatic and hydrologic) for petitions and/or plans for selected development orders, including but not limited to Rezones, Developments of Regional Impact, Provisional Use, Subdivision Master Plans and Planned Unit Development Amendments that are directed to the EAB by County staff, the Board or the provisions of the Land Development Code. The powers and duties of the EAB are as follows: Implement the provisions of the Conservation and Coastal Management Element of the County's Comprehensive Plan during the review process for development petitions and/or plans. Participate in the review and recommendation process for excavations as provided for in Division 3 . 5 of the Land Development Code. Assist in the implementation of any new programs, ordinances and/or policies created through the Environmental Policy Technical Advisory Board and adopted by the Board of County Commissioners which deal with the conservation, management and protection of air, land, water and natural resources and environmental quality in Collier County. -1- Provide an appeals forum and process to hear disputes between County staff and applicants concerning land development projects and recommend proposed stipulations for project approval or grounds for project denial for Board consideration. Function as an Environmental Impact Statement (EIS) appeal board pursuant to Division 3 . 8 of the Land Development Code. Acts as "buffer" on environmental issues; addressing conflicts and their resolution(s) prior to the petitions being presented at the Board of County Commissioners meetings. This important function assists the Board of County Commissioners in limiting the number of lengthy hearings with possible disputes. Provides technical and advisory support to the Board of County Commissioners. 2 . Membership: Seven (7) members appointed by and serving at the pleasure of the Board of County Commissioners. Members must be permanent residents and electors of Collier County and reputable and active in community services. Members must demonstrate expertise in one or more of the following areas: Air Quality, biology (including any of the sub-disciplines such as botany, ecology, zoology, etc. ) , Coastal Processes, Estuarine Processes, Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste, Stormwater Management, Water Resources, Wildlife Management, or other representative areas deemed appropriate by the Board such as, but not limited to, a representative of the development community. Members serve without compensation, except for reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board. Current Members Affiliation/Expertise Patrick H. Neale Lazarus and Neale Attorneys at Law; Land Use Attorney Eric D. Worsham Butler Engineering, Inc. ; Environmental Specialist Todd T. Turrell Turrell and Associates, Inc. ; Environmental Engineer George H. Hermanson Hole, Montes & Associates, Inc. ; Civil Engineer Dr. William V. Branan Biologist, PhD Christine D. Straton Citizen Michel Saadeh Vineyards Development Corp. ; Land Use Planner/Civil Engineer -2- 3 . Meetings: EAB convenes on the first Wednesday of each month at 9 : 00 a.m. in the Commissioner' s Meeting room. A simple majority constitutes a quorum. A quorum has been met since the EAB was created with the adoption of Ordinance No. 91-68 on July 30, 1991, which was incorporated into the Land Development Code on October 30, 1991. The initial members were appointed by the Board through Resolution No. 91-666 on September 24, 1991. The first meeting was held November 6, 1991. A total of nineteen (19) meetings have been held since the EAB was created. The following represents attendance at the nineteen (19) regularly scheduled meetings: * 7 members present 6 meetings * 6 members present 10 meetings * 5 members present 3 meetings No scheduled meetings were canceled. 4 . Accomplishments: a) The EAB has effectively performed the review function formerly administered by two Boards, the EAC and WMAB. b) Acted as a public forum to provide for and encourage public participation in the review process. c) Reviewed petitions on a case by case basis either concurring with Staff ' s recommended stipulations or making recommendations and/or changes to address the needs of the project design and the natural resources on site. d) Acted as an implementation Board for new ordinances and regulations. The EAB has acted as a "sounding board" for the codes. e) Seventy (70) petitions have been reviewed by the EAB over the past nineteen months. See "Attachment B" for detail. f) Acted as a "buffer" on environmental issues; addressing conflicts and their resolutions, prior to the petitions being presented at the Board of County Commissioners meetings. 5. Goals: Continue to act in a review and advisory capacity to the Board of County Commissioners to: a) protect and enhance the public health, safety and welfare and the quality of the environment while allowing for the proposed activity to take place, b) act as a moderating influence in the review process to assure consistent application of the Land Development Code' s environmental and water management provisions, c) continue to provide technical and advisory support to the Board of County Commissioners and to perform those functions previously listed, d) make recommendations, where and when applicable, for Land Development Code amendments based on actual evaluation of the Codes and their implementation against current petitions. -3- FISCAL IMPACT: Minimal. There are no advertising or recording costs. The EAB members serve without compensation and are only entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. cc: Frank Brutt, Community Development Services Administrator Bob Blanchard, Site Development Review Director John F. Madajewski, Project Plan Review Manager EAB Members Chrono File -4- ATTACHMENT "A" COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD Collier County Government Center 3301 Tamiami Trail East Naples, Florida 33962 May 11, 1993 Mr. Neil Dorrill County Manager Collier County Government Center 3301 Tamiami Trail East Naples, Florida 33962 Dear Mr. Dorrill; This letter is written in response to recent discussions that you have had with the Board of County Commissioners for combining or abandoning certain County advisory boards including the Environmental Advisory Board (EAB). At our March 3, 1993 meeting, EAB members discussed this matter. We passed a resolution (5 to 0) to authorize me as chairman to write you a letter on this matter. It was the opinion of all EAB members present at the meeting that the EAB should continue in existence as it is today. We feel it would be serious mistake to modify the board or combine it with EPTAB. For several reasons, not the least of which is the County's image, the need for an advisory board to review site-specific environmental conditions is so important in a county undergoing dynamic growth. Secondly, the EAB and EPTAB were created at the same time with two distinct functions, (I might also mention that these boards were created by the Board of County Commissioners with considerable input from the public, including technical experts and past advisory board members.) EPTAB was to review proposed ordinances, land development code amendments, and growth management plan amendments relating to environmental matters in land development. This is a very distinct function from the EAB. The EAB was organized to review zoning and other land development petitions which have significant environmental impacts in Collier County. The difference in these two functions is very distinct, and separate boards should be • maintained to perform these two distinct functions. To combine the boards would be to combine strategic environmental planning with implementation of these policies through review of land development petitions. It may be well.at times to promote interaction between the boards to see how planning and implementation work together. This can be easily accomplished by setting up workshops between members of each board to, for example, give EPTAB input as to how.previous ordinances are being implemented by EAB. This could be valuable in future planning. However, to combine the boards permanently with these two responsibilities, we feel,would be a mistake. Mr. Neil Dorrill May 11, 1993 Page 2 An additional reason has to do with the time available for board members. It must be kept in mind that these board positions are volunteer, non-paying jobs. While most board members, I am sure, are glad to give of their time, this should not be carried to an excess. If these two boards were combined, the time commitments would be so demanding that it would he difficult to get good people to volunteer; We think that 'the scope and responsibility of the hoards should be kept to a reasonable level so that board members can freely give of their time without being overextended. We sincerely hope you will consider the position of this board on this matter. We would be happy to discuss it further with you and/or the Board of County Commissioners if you so desire ery urs, • • George I-I. Hermanson, Chairman Collier County Environmental Advisory Board I GH-11-1:rr • cc; BCC Board Members EAB Members John Madajewski • is i•i ; _ ATTACHMENT "B" Petitions reviewed by the Environmental Advisory Board November 6, 1991 through May 5, 1993 . Petition Type Number Exemption to Coastal Construction Setback Line 1 Special Treatment Development Permit 17 Rezone 18 Preliminary Subdivision Plat 12 Site Development Plan 2 Excavation Permit 10 Planned Unit Development Amendment 7 Conditional Use 2 Other 1 Total 70