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Staff Memos ENVIRONMENTAL SERVICES DIVISION MEMORANDUM TO: Neil Dorrill, County Manager FROM: William D. Lorenz Jr. , P.E. , Administrator Environmental Services Division DATE: August 28, 1989 SUBJECT: Creation of an Environmental Advisory Board INTRODUCTION AND PURPOSE The existing Water Management Advisory Board (WMAB) and Environmental Advisory Council (EAC) functions include policy and program development and land development project review with most of Boards' time involved with the review of land development projects. As the County has adopted more specific rules and criteria for issuing permits and development orders and has acquired more professional staff to review applications, there is less need for advisory Boards to duplicate administrative reviews. Additionally, the Growth Management Plan requires the County to develop many conservation and water management programs that will require much more work to address many controversial policy issues. The purpose of this report is to evaluate the functions of the existing environmental advisory boards and to recommend a change in their responsibilities to better meet the changing conditions and needs of Collier County. HISTORY AND PRESENT MAKE-UP OF BOARDS The existing (WMAB) consists of five (5) members which generally represent the population of Collier County. No specific experience requirements are necessary or a prerequisite for application but consideration is given to applicants who have experience in the areas of civil engineering, water resources management, land development, environmental science, hydrology/geology and related fields. The enabling authority for the WMAB is founded in Ordinance 74-50. The function, power and duties of the WMAB include: A. Act in advisory capacity to the Board of County Commissioners in all matters dealing with the regulation, control, management, use or exploitation of all water resources within Collier County; B. Review land development, water resources and excavation projects in order to evaluate their potential impact on the water resources of Collier County; C. Identify, study, evaluate, and provide recommendations to the Board of County Commissioners on programs necessary for the conservation, management and protection of the water resources of Collier County. The EAC does not have a formal enabling ordinance. A proposed ordinance for the EAC states that the four of the five members will have local expertise distributed among biology, ecology, hydrology/geology, environmental science, and marine/estuarine science, and one member shall be a lay person. The EAC shall act in an advisory capacity to the Board of County Commissioners in all matters dealing with the regulation, control, management, use or exploitation of all natural resources in Collier County. Additional responsibilities include reviewing land development and water resource projects and identifying, studying, evaluating, and providing recommendations to the BCC on programs necessary for the conservation, management and protection of the natural resources and environmental quality of Collier County. The EIS Ordinance identifies the EAC as an appeals Board for the anyone aggrieved by staff decisions for approval of Environmental Impact Statements. NEED FOR AN ENVIRONMENTAL POLICY ADVISORY BOARD Objective 1. 1 of the Growth Management Plan's Conservation and Coastal Management Element requires the County to develop and implement a comprehensive environmental management and conservation program. This program requires the development of numerous regulatory, management and planning programs. In regard to regulatory programs, for example, land development standards must be adopted to protect the following native habitats: o Intertidal, Coastal and Xeric scrub habitats - August 1, 1990 o Marine, Freshwater, Transitional zone wetlands and Hardwood Hammock - August 1, 1991 o Pine, Flatwoods and Dry Prairie Habitats - August 1, 1992 Furthermore, guidelines and standards to protect the following wildlife species will be addressed: o Bald Eagle o Manatee o Gopher Tortoise o Red-Cockaded Woodpecker o Panther. To complement our regulatory programs, various management strategies are envisioned. Implementing the Natural Resource Protection Area concept will require a variety of programs other than land development regulations. Indeed, Policy 1. 3 . 1 of the CCE provides various guidelines be followed that will need input from an advisory board. Selected guidelines include: o Guidelines and standards for development of NRPAs including conservation guidelines to protect natural resource values, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded; o A review process, integrated into the normal development application review, to ensure that the guidelines and standards are being met and in those cases where Environmental Impact Statements are prepared, that the site-specific and cumulative environmental impacts of development are being adequately assessed and addressed; o A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchases) . Other options should include, but not be limited to, tax incentives and transfer of development rights. A number of planning studies are also envisioned. These include: o Coastal Barrier Management Plan o Estuarine Management Plan o Watershed Management Plans An environmental advisory board is needed to help develop technical requirements, explore policy issues and solicit public input as the above programs are being developed by staff. Indeed, the Growth Management Plan requires that a technical advisory committee be established to advise and assist the County in the activities involved in the development and implementation of the comprehensive environmental conservation and management program. Such a committee must have sufficient technical expertise and be unencumbered by other activities to ensure that the functions of policy analysis, program development and rule making can occur in a timely fashion. RECOMMENDATIONS Given the need of an environmental advisory committee to focus its attention on planning and rule-making, it is recommended that such a committee be responsible for recommending policy direction, program planning, and rule development. By not reviewing land development petitions, the committee could be more effective developing the environmental protection program as outlined in the Growth Management Plan. Since water management directly affects other natural resources, there is also a benefit to consolidate the program areas of the WMAB and EAC. Furthermore, the Water Pollution Control Ordinance authorizes the creation of an advisory board for pollution control activities. A single board would have the advantage of "seeing the big picture" of environmental management and protection. It is therefore recommended that the EAC and WMAB be consolidated into a single environmental advisory board to assist staff in developing regulatory guidelines and standards, management plans and programs, and major policy initiatives. Duties and Responsibilities The purpose of an environmental advisory board is to study, evaluate and recommend necessary policy programs and rules to ensure the appropriate use, conservation, management and protection of the County's natural resources. Specific duties and responsibilities include: o assist the Board in the development of overall programs to protect and manage all of Collier County's natural resources. o establish goals and objectives for the County's environmental conservation and management programs o act in an advisory capacity to the Board of County Commissioners in all matters dealing with the regulation, control, management, use or exploitation of all water resources within Collier County. o identify, study, evaluate, and provide recommendations to the Board of County Commissioners on programs necessary for the conservation, management and protection of the water resources of Collier County. o assist the Board in developing and revising as appropriate local rules and regulations addressing the County's natural resources. o assist in the implementation and development of the Growth Management Plan regarding environmental and natural resource issues. Composition/membership A seven member board should consist of members who have technical expertise and of members representing the general public who do not have specific expertise. Five (5) members should have local expertise distributed among the following disciplines: Biology (Botany or Zoology) , Ecology, Hydrology/Geology, Environmental Science (i.e. pollution, biology, chemistry, air and water quality) , Engineering (Florida registered, with experience in civil engineering) , and Marine/Estuarine Science. Two (2) members should be lay people who do not have specific technical expertise. Membership should also represent the following interests: o Engineering (1) o Agriculture (1) o Conservation groups (2) o General public (2) o Business (1) Transition The Growth Management Plan requires that a technical advisory committee be created by August 1, 1989 . Staff has been using the EAC to receive input on environmental land development regulations. This arrangement should be an interim measure, however. Consolidating the EAC and WMAB will require a period to phase these boards out of land development review functions. Additionally, members of each board would serve on the newly created advisory board. Upon completion of the terms of the existing members the new environmental advisory board will assume its final composition of seven members. IMPLEMENTATION STRATEGY Creating an Environmental Advisory Board will require three major activities: * Board authorization to proceed with concept * Ordinance development with input from EAC and WMAB * Board approval of ordinance. Initiating this concept should occur as soon as possible. The new advisory board should be in place by the end of calendar year 1989 . WDL:pc c: Ron McLemore, Assistant County Manager Frank Brutt, Community Development Administrator Environmental Services File MEMORANDUM Ncovmeber 27, 1989 To: Board of County Commissioners, Collier County Fro_om: Envirconmental Advi sory Council Subject : Merger of EAC and WMAI3 The EAC:: has been informed by Mr . Lorenz of County staff during its October 18, 1989 meeting of the intention of the County to merge the EAC and the WMA}3 and to modify their roles. The intent of this memorandum is to communicate to the Board and to staff, by copies of this memo, the EACH' s position on the proposed changes. 1 . Merger of WMA}3 and EAC. The members of the EAC have no major objections to the merger of the two bodies. It is the E:At::' s feeling that the new body will reduce the complexity of the permitting process and bring more expertise to bear on the critical environmental and water problems of Collier County. We also feel that the board size should be reduced through attrition to between five and seven members. It is, however , the E:.AtC' s position that this new entity should be a formal creation of ordinance by the Commissioners. This formality will give the new entity more definition and provide it with greater impact in the policy making area. 2. Elimination of Project Review The EAC strongly opposes the complete elimination of project review by the new body. While at some point in the future the new environmental ordinances we will draft may reduce the need for review, there will probably never be a time when an environmental /water management public review of major developments, prior- to the final presentation to the CCF and BCC, will not be appropriate. It is extremely time consuming and inefficient for the tµC:Ftµ and BCC to have to review all of the technical details of these projects. Thus, the EAC feels that the new entity should continue to review projects. The EAC concedes that there may be a higher threshhc'ici of review that o::c'uld be applied. Our suggestion is that the new body only review those projects which either require an Environmental Impact Statement or are deemed to be of special concern by tE:cot_tnty Environmental Staff. The combined board will have the technical expertise to appropriately guide CCPC and BCC in their decision making processes. Even after the adoption of ordinances, the EEA1_: feels that some matters will still need review. Rather than these matters wait until they reach CCPC or BCC, we suggest they be reviewed by the new WMAB/EAC. 3. Policy Making/Review It is the feeling of the EAC that the new role in policy making combined with project review will be more demanding in time involved. Thus, the EAC is willing to accept a schedule of two meetings per month to get the job done. It is our feeling that to avoid excessive interference with members of the panel ' s other commitments that one of the meetings be an evening meeting. We thank you for your attention to our position. We all are available discuss this matter . If you wish for one of us to appear at a Commission meeting to make a presentation on this matter , please contact either Dr . James Snyder or Patrick Neale. Signed James Snyder-Vice-Chairman David Addison Todd Turrell Patrick Neale cc:Neil Dorrill William Lorenz David Petrow ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15 , 1989 hydrologic regime, exotic vegetation removal , moni- toring and maintenance plan. Monitoring and main- tenance programs shall be provided for a minimum of five years post construction by the entity respon- sible for common area maintenance, established by the developer . Said program shall be reviewed and approved by Collier County Planning Review Staff . 14(c) . Mitigation proposed in upland areas shall emphasize the retention of existing vegetation and shall focus on establishment of native vegetative "communities. " 15 . Petitioner shall be subject to all ordinances in effect at the time of final approval of the PUD document by the Board of County Commissioners, unless specifically exempt in the PUD document . *** ITEM: Addendum - Proposed Reorganization/Combination of Review Boards COMMENTS: Mr. Turrell stated that he has spoken with Ms. Kurgis, who has resigned from the EAC. He reported that Ms . Kurgis noted that she does not have a problem with the merger of the Water Management Advisory Board and the EAC, but indicated that she does have a problem with discontinuing the indivi- dual reviews of each project, and will note same in her letter of resignation. Mr . Turrell explained that he believes that it would be a good idea for the Council to send direc- tion to those involved in the merger of the two Boards, and advise that the EAC does not object to merging with the WMAB, but it does desire to con- tinue with the project reviews . Ms. Prynoski indicated that she feels that it would be a good idea for the EAC to formalize their response to the Board of County Commissioners. Mr . Neale concurred that it is vital to maintain reviewing projects that are of a certain size with certain impacts. Mr . Addison stated that there has got to be some discretion with Staff , and if there is a question, the EAC members should be contacted. Page 23 ENVIRONMENTAL ADVISORY COUNCIL NOVEMBER 15 , 1989 Dr . Snyder explained that the new combined Board will be involved with the creation of new ordinan- ces, but noted that until the new ordinances are adopted, the same level of review should be main- tained. It was the consensus of the Council that Mr . Neale draft a formal response to the Board of County Commissioners, and provide copy of the draft to the members by the week after Thanksgiving. *** ITEM: Next Meeting to be held on December 20, 1989. COMMENTS: Ms. Prynoski advised that the next EAC meeting will be on December 20, 1989 . There being no further business, the meeting was adjourned by Order of the Chair . ENVIRONMENTAL ADVISORY COMMITTEE Dr . James Snyder , Vice Chairman Page 24