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Policies/Meetings/General Correspondence - Volume 3 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: October 7, 1991 PLACE: Conference Room C - Development Services Center TIME: 4 : 00 p.m. I. Call Meeting to Order II. Roll Call III. Approval of Minutes IV. Old Business A. Legal Perspective on Growth Management Plan - Marjorie Student V. New Business A. Subcommittee Reports VI. Public Comments VII. Adjournment ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD Minutes of 07 October 1991 Meeting Present: Addison, Beardsley, Davis, Land, Maehr, Pires, Richardson, Saadeh, Simpson, Wilkison Absent: Means (sick) 1. Meeting called to order at 4: 12 P.M. by Chairman Simpson. 2 . Minutes of 23 September 1991 were approved. Minutes of 30 September 1991 were tabled until a time later in the meeting. Mr. Simpson conveyed that he thought that Mr. Addison had a correction and the Chair would like to await Mr. Addison's arrival before taking action. The Board concurred. 3 . Majorie Student, Assistant County Attorney, presented an overview of the County' s legal position on the DCA and the inability of the County to meet all of the stipulated deadlines in the Conservation and Coastal Management Element (CCME) of the Growth Management Plan. A discussion followed. 4 . Based on the above discussion David Land suggested that a letter be sent to the BCC requesting that BCC staff provide a schedule for completing the mandates in the CCME under the following conditions: (1) utilizing current in-house resources; (2) having access to unlimited resources. The EPTAB recommended that the letter also suggest that the County meet with DCA to gather information on County options and liabilities in light of the potential lawsuit which may be brought against the County by the DCA. Mike Saadeh moved that the letter be forwarded to the BCC. The motion was seconded by Mike Davis. During further discussion, Mr. Beardsley proposed an amendment to the original motion. The amendment did not receive a second and the original motion passed by a vote of 9-1 with Mr. Beardsley dissenting. 5. Mike Davis brought up the issue of the frequency of the EPTAB meetings. He stated that he was having trouble balancing all of his responsibilities. Other members agreed that the frequency was having a deleterious effect on their operations also. Glenn Simpson stated that after the BCC meeting of 8 October 1991, the land acquisition issue should be clearer and he hoped that the frequency of meetings could be lessened. NEXT MEETING IS SCHEDULED FOR 14 OCTOBER 1991 IN CONFERENCE ROOMS A + B AT THE DEVELOPMENT SERVICES COMPLEX ON HORSESHOE DRIVE. SLS LEFT THE MEETING AT 5:20 P. M. ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: October 14, 1991 PLACE: Conference Room A/B - Development Services Center TIME: 4 : 00 p.m. I. Call Meeting to Order II. Roll Call III. Approval of Minutes IV. Old Business A. Habitat Ordinance V. New Business VI. Public Comments VII. Adjournment October 14, 1991 Anne Goodnight/Chairperson Collier County Board of County Commission Presently EPTAB is finding it difficult to set work priorities due to various interpretations (the County's, Collier County Audubon's, DCA's) of the correct deadline for environmental Goals, Objectives, and Policies indicated in the Comprehensive Plan. In addition we are uncertain whether the station, is modifying plan deadlines, applying additional resources (financial, staff, other) , and/or simply increasing the attention paid by the County Managers office and the Commission to this area. Therefore, in order to better be able to perform its responsibilities, EPTAB requests that the county commission consider the following: - For all environmental areas encompassed by the comp plan, the EPTAB requests that staff provide a schedule by which these environmental Goals, Objectives, and Policies can be met using in-house, currently budgeted resources. - In addition it is requested that staff provide a second schedule, with associated costs, of completing these G, 0, & P if unlimited resources are applied to include citizen volunteers, consultants, existing model ordinances from other counties, interim ordinances, additional staff, etc. D fi fi" Page 2 Anne Goodnight/Chairperson Collier County Board of County Commission - It is also recommended that the county should meet with DCA to determine the county's options and liabilities given where we are now, with respect to plan deadlines, timelines necessary to amend the plan, current budgetary conditions,and the timelines necessary to adopt ordinances to meet Goals, Objectives, and Policies. - It is recommended that based on this information the county commission adopt, and fund as necessary, a stragety to amend the comp plan time schedule, accelerate the ongoing schedule, or both. EPTAB stands firmly behind establishment of quality regulation and protection for the citizens of Collier County. We recommend that all resources available to the county be used efficiently to establish protection for the quality of life enjoyed by the citizens of Collier County today and in the future. G0 IL 6 The county shall identity, protect, conserve and appropriately use its native vegetation communities and wildlife habitat. OBJECTIVE 6/i ) By August 1 , 1992, identify, define and prepare development standards, criteria, for all important native county habitats. Habitat Policg CLIP Deadline Intertidal 6.E1 Aug. 1 , 1990 Coastal Strand 6.1 .1 Aug. 1 , 1990 Undeveloped Coastal 6.1 .1 Aug. 1 , 1990 Barriers Berk: Scrub 6. 1 .1 Aug. 1 , 1990 Marine 6. 1 .2 Aug. 1 , 1991 Freshwater 6. 1 .2 Aug. 1 , 1991 TZ wetlands 6. 1 .2 Aug. 1 , 1991 Hardwood Hammocks 6. 1 .2 Aug. 1 , 1991 Pine Flatwoods 6. 1 .3 Aug. 1 , 1992 Dry Prairie 6. 1 .3 Aug. 1 , 1992 American Farmland Trust SERVICES AVAILABLE TO FLORIDA COUNTIES Here is a partial list of the types of advice and assistance AFT can offer in developing land use plans, ordinances and local farmland protection options. If you need assistance on a matter that is not listed, please call; we will do what we can to help. There are three ways in which AFT can assist: First, AFT has compiled a wide variety of publications that offer practical information on saving valuable lands and on the use of farming practices which lead to a healthy environment. A list of these publications is enclosed. Second, should you have a specific question -- or need some quick advice -- please give us a call. We will be more than happy to discuss farmland issues with you. Third, AFT's legal and policy staff can provide direct assistance to county planning departments, land trusts and community groups. For example, AFT can work with county planning departments (as we are presently doing in Dade County) to: 1. Advise planning staff about agricultural land rentention programs; 2. Provide information on state of the art in farmland protection techniques; 3. Involve the principal groups affected by agricultural zoning to build community awareness and support for farmland protection programs; 4. Organize conferences and workshops to explain farmland protection techniques -- and how they've worked in other states -- to landowners, conservationists, developers and other groups, and explore options for the county; AFT's legal and policy staff also can: 5. Revise existing programs and ordinances to make them more effective (AFI has just won an award from the American Planning Association for an ordinance we wrote for Woodford County, Kentucky); 6. Add farmland protection to the comprehensive plan; 7. Draft "Right to Farm" laws to reduce conflicts between farms and people living in close proximity to their operations; 8. Select the proper zoning technique -- point/numerical approach, conditional use, sliding scale, quarter/quarter, exclusive agricultural zoning, large lot zoning or buffer zoning -- to protect local farmlands; 9. Define precisely the permitted uses within an agricultural zone; 10. Determine the characteristics of agriculture in an area that is to be protected; 11. Determine the suitability of specific parcels for inclusion in an agricultural zone; 12. Draft ordinances that will withstand "taking" and "exclusionary zoning" challenges; 13. Establish a "Purchase of Development Rights" program; and 14. Identify sources of funding for farmland preservation. NATIONAL OFFICE 1920 N Street,NW Suite 400 Washington,D.C.20036 Tel:(202)659-5170 Fax:(202)659-8339 recycled aper Page 2 In addition, AFT's legal and policy staff can: 15. Conduct an assessment of the fiscal benefits of a county's (or municipality's) agricultural lands, including the tax impacts of agriculture vs. growth; 16. Set up demonstration farmland preservation projects; 17. Negotiate conservation easements and bargain sales, as well as sale/sale back (with development restrictions) and sale/lease back arrangements with landowners; 18. Encourage estate planning to protect farmlands; 19. Provide case studies from around the country on how private, voluntary land conservation measures have helped protect farms in the face of growth pressures; 20. Provide research findings from two states to show that participation in farm preservation programs -- including conservation easements, purchase of development rights, transfer of development rights, and agricultural districting -- has not affected the ability of farmers to obtain bank loans, since these loans are based on productivity and the ability of the farmer to repay, not the speculative, development value of the properties; 21. Provide information on successful resource-conserving farming practices that farmers can adopt to help the environment; and 22. Establish sustainable agriculture demonstration projects and programs. These services, of course, do not come for free. AFI' rates range from $250 per day for support staff to $600 per day for legal counsel, plus expenses. There is, however, more than one way to pay for these services. For example, a government agency or organization seeking AFT's assistance can obtain these services by: 1. Contracting directly with AFT, using local, county or state funds; 2. Contracting with AFT, using a "challenge grant" to cover half the project costs and attract donations from private sources for the balance of the costs; or 3. Writing a letter of invitation to AFT stating the services you would like to obtain, the need for the services, and the benefit the services will provide. We can then take this letter to private funding sources to raise the funds necessary to cover our costs. If you wish, we can even help you draft this letter so it will have the maximum chance of success in helping us raise funds. Of course, no services can be provided until the funds are raised -- but this is one way in which budget limitations can be overcome. Should you have any questions, or need any assistance, please call Craig Evans, AFT's Florida coordinator, or Jim Riggle, Director of Field Operations, at 202-659-5170. American Farmland Trust Public Opinion Survey: Attitudes in Florida Toward the Preservation of Farmland • In July, 1986, the American Farmland Trust (AFT) and the Florida chapter of the Soil Conservation Society of America (SCSA) completed a joint public opinion research project titled, "Land and Natural Resource Issues in Florida: The Citizens' Viewpoint." The study was conducted for AFI' and SCSA under an agreement with the Institute for Food and Agricultural Sciences (IFAS) at the University of Florida in Gainesville. Rapid population growth rates and continued urbanization in Florida have given rise to increasing levels of concern for the use and ultimate fate of the state's land and natural resources. How these resources will be managed to support urban growth and agriculture, forestry, tourism, wildlife and recreational activities is of paramount concern to government and private citizens alike. AFF and SCSA decided to sample public opinion concerning the use and management of Florida's land and natural resources in part due to recent state requirements that counties and regional planning commissions revise their existing comprehensive plans. Since Florida's population is highly urbanized and because most remaining privately-owned open land is agricultural (including forestlands), it was decided to survey two separate population groups. One, drawn from a statewide list of licensed drivers, reflected the urban concentration of the overall state population. The second group, selected from a comprehensive statewide list of farm operators, reflected those who would be most affected by restrictions on land use. The general public sample was drawn on a stratified random basis to assure that factors such as age, race and sex were fairly represented. The farm sample was systematically selected to assure approriate geographic representation. Questionnaires were mailed to 1687 individuals in the general public sample, with usable responses returned from one-third or 552 people. The farm sample included 1083 individuals, of whom nearly one-half, or 512 people, responded. The rates of response were somewhat lower than average for the general public, but were above average from the farm sector. NATIONAL OFFICE 1920 N Street,NW Suite 400 Washington,D.C.20036 Tel:(202)659-5170 Fax:(202)659-8339 recycled paper The results of the survey were surprising from the standpoint that there was a high level of agreement and consistency in the attitudes of both groups regarding the use of Florida's land and natural resources. There were, understandably, some significant differences of opinion as well. The results clearly indicate that Florida farmers and the general public favor efforts to conserve and carefully manage the state's land, soil and water resources, and both groups prefer to strike a balance between the economic and environmental aspects of land use and development. Following is a sample of the issues that survey respondents were asked to address and percentage response rates for both the general public and farm groups. The responses on each question or issue of concern have been combined to reflect all agreeable or favorable answers and all disagreeable or unapproving ones, and percentages have been rounded to the nearest whole number. Land Use Problems --The conversion of farmland to commercial and residential development was rated as a moderate or large problem by 59% of farmers and 65% of the general public. Conversion was not a problem or a small problem for 39% of farmers and 25% of the general public. --The loss of forestlands was no problem or a small problem for 46% of farmers and 27% of the general public. It was a medium or large problem for 51% of farmers and 64% of the general public. --Thirty-eight percent of farmers and 23% of the general public considered unplanned city growth to he a minor problem or no problem, while 56% of farmers and 69% of the general public regard urban sprawl as a moderate or serious problem. --Large majorities of Floridians (86% of farmers and 67% of the general public) agree farmers should be free to sell land to anyone. --At the same time, nearly 6 of 10 farmers (59%) and 73% of the general public think good farmland should not be used for houses and industry. Government Policies --Six of ten farmers and 77% of the general public agree on the need for a governmental policy to protect Florida's best farmland from urban growth. --Overwhelming majorities (74% of farmers and 68% of the general public) agree that new development in Florida should be taxed or charged fees for public services. 2 --Similar proportions of Floridians (72% of farmers and 65% of the general public) agreed that farmers should receive economic incentives to keep their land in farming. --Seventy-four percent of the general public and 62% of farmers are in favor of limiting growth in their county through zoning and other legal means. Government Programs The AFT/SCSA survey asked respondents about specific public programs employed elsewhere in the country. It was the area of the survey with the most significant level of disagreement, and with the highest number of "undecided" responses. Some program choices resulted in a plurality responding undecided. Florida's "Green Belt Law," a 1959 act granting property tax assessments on farmland at its use value rather than market value is highly regarded by Florida farmers. Proposed changes to the Greenbelt Law received the greatest negative farmer response. --Use-value assessment with rollback penalties for converting farmland was approved by 49% of the general public, but only 24% of farmers. Rollback penalties were opposed by 56% of farmers, but only 26% of the general public. --Use-value assessment in exchange for a 10 year contract with the landowner to keep land in farm use was opposed by 52% of the farmers, but only 24% of the general public. However, nearly 30% of farmers and 40% of the general public were undecided about contractual agreements in exchange for tax benefits. --Agricultural districts, voluntary commitments by landowners to keep land in farm use in exchange for protection from nuisance complaints and exemption from special assessments for unused public services, also received a large undecided response from one-third of farmers and 38% of the general public. --Purchase or transfer of development rights programs, which compensate farmers for not converting their land, received a plurality of undecided responses from both survey groups, including 32% of farmers and 32% of the general public. AllilLitALAkat American Farmland Trust CRAIG EVANS Senior Associate,Program Development 1920 N Street,NW Suite 400 Washington,DC 20036 Tel:(202)659-5170 Fax:(202)659-8339 3 _AA... RICAN, FARMLA.. The Magazine qf the ilmei-ican Farmland Trust Si,untiler 1991 ------- --- - - - 40ii4'. J , . 6'.41(44‘4121 L,.,. `....-:.i.;:';•„.-f-...k .i.,,,:-„ -,,,•-::._,. , .,. .,... , ,. ..... ..:., . ..ft .. ... , BOUNTIFUL ACTIVITIES STATE SC()RE('.,ARD DARE COUNTY WXFER WORKS BOARD OF DIRECTORS II Chairman of the Board Louis R.Benzak CONTENTS Patrick F.Noonan Spears,Benzak, The Conservation Fund Salomon&Farrell, Arlington, Virginia Inc. New York,New York 2 WORKING FOR WATER — AFT joins the Water Chairman,Executive Committee Doyle E. Conner Quality 2000 effort to control pollution,while legislators discuss Masan Walsh,Jr. Tallahassee,Florida amendments to the Clean Water Act which could affect farming. R.K.Mellon&Sons, Inc. Joan K.Davidson By David R. Dyer and Steven Etka. Pittsburgh,Pennsylvania The J.M.Kaplan Fund New York,New York Vice Chairman 5 ADVANCING FFA - Delaware and North Carolina Edward H.Harte William M.Dietel become the latest states to qualify for federal farmland protec- CaUerTtmeg AmericanPublic Publishing Company Radio tion assistance,while New York and Wisconsin are close behind. Corpus Christi, Texas Flint Hill, Virginia Vice Chairman Jean Wallace Douglas 7 SHORTCHANGING CONSERVATION — With Richard E.Rominger Washington,DC. the 1990 Farm Bill,Congress doesn t always put its money where A.H.Rominger&Sons, its mouth is. By Steven Etka Inc. Gilbert M. Grosvenor Winters, California National Geographic Society 8 STATE OF THE STATES —AFT's scorecard of current Secretary-Treasurer Washington,DC. Thomas L.Lyon state-level farmland protection activities. 21st Century Genetics Garrison Keillor Shawang Wisconsin American Humor 10 EIGHT EASY WAYS TO PROTECT FARM- Institute Stephen S.Adams New York,New York LAND — A pull-out poster shows how you can make a Oklahoma Land& Cattle Company Mrs.H.Safford Peacock difference. Bartlesville Oklahoma Mt.Hope Prairie Farm Lincoln,Illinois 13 AGRICULTURE AT A CROSSROADS — As Robert R Anderson Honda Oil&Gas Mrs.David Rockefeller urbanization expands in Florida's Dade County, farming finds Company New York,New York its back up against the wall. By Tricia Obester Roswell,New Mexico Obie Snider Dwayne 0 Andreas Singing Brook Farms 18 PLANNING FOR THE FUTURE—AFT establishes Archer Daniels Imler Pennsylvania a pilot farmland planningfund in Columbia County, NY. Midland Company tY� Decatur,Illinois Alfred H. Taylor;Jr. The Kresge Foundation 1 LETTER FROM THE PRESIDENT Troy Michigan PRESIDENT 1 AFT INDEX Ralph Grossi 6 Q&A 19 AFT UPDATE • PA61. 21 AFT MAILBOX AMERICANCOVER: Colorful produce at the Ohio State Fair. Photo by Dennis Reeder. FARMLANDEditor Please recycle this magazine by passingit on to friends or public offi- is published quarterly by the American Farmland Trust Tricia Obester cials,or by donating it to a doctor's office,school,retirement home or (AFT),a private,nonprofit,membership organization found- printed on recycled paper library ed in 1980 to protect the nations agricultural resources.AFT works to stop the loss of productive farmland and to promote National Office Midwestern Office Nartheastern Office Western Office farming practices that lead to a healthy environment.Its 1920 N Street,N.W. Jean Coleman,Acting Director Robert Wagner,Director Gregory Carnill,Director action oriented programs include public education,techni Suite 400 407 South Dearborn Street Herrick Mill 1949 5th Street,Suite 101 cal assistance in policy development and direct farmland pro- Washington,DC 20036 Suite 1550 One Short Street Davis,CA 95616 rection projects. (202)659-5170 Chicago,IL 60605 Northampton,MA 01060 (916)753-1073 Minimum annual membership dues are$20.Member (312)427-2943 (413)586-9330 ship benefits include a year's subscription to the award- winningmagazineAmericanFarmland,a 15 percent discount AFT Center for Agriculture Pennsylvania Field Office New York Field Office on all AFT publications and merchandise,a membership in the Environment Ann Orth,Pennsylvania Field Chris Braley,New York Field card and decal,the ability to nominate others for member- Bryan Petrucci,Director, Representative Representative ship and AFT's Agricultural Conservation Awards,and Sustainable Agriculture Program RD 7,Coventry House 132 State Street notification of opportunities to participate in grassroots efforts. Social Sciences Research Institute Pottstown,PA 19464 Albany,NY 12207 All contributions are tax-deductible. Northern Illinois University (215)469-0666 (518)427-8357 A copy of AFT's most recent financial report can be ob- 148 North 3rd Street tained by writing the American Farmland Trust at 1920 N DeKalb,IL 60115 Street,NW,Suite 400,Washington,DC 20036. (815)753-9347 •1 ., LETTER FROM THE PRESIDENT Fvery now and then,it's nice to have the chance to lation to qualify themselves for FFA,and bills in New York and take stock of what you've accomplished. Over the Wisconsin were on the governors' desks. past year as we've celebrated our 10th anniversary, As we indicated in our recent telemarketing campaign,AFT's AFT has spent time looking at what we've done work on the 1990 Farm Bill made it a truly historic one for agricul- and how our nations farmland is the better for it. tural resources conservation.Programs such as FFA,the Farm- We are pleased to have worked with so many people concerned land Protection Policy Act,the Wetlands Reserve Program,the about protecting agricultural resources.We are excited that AFT EnvironmentalEasement Program and others promoting sustain- has protected nearly 40,000 acres from develop- .-.T ,_ a , , able agriculture could have a positive affect on the ment through the use of conservation easements. ÷T` nations resources for many years to come. And we are particularly proud that farmland pro- ' `` }'. Unfortunately,members of Congress have been tection is now much higher on the agenda of many `'' reaping the goodwill and other benefits of support- � : local, state and federal officials. ing these bold new conservation programs,while Featured in this issue is a scorecard of current 1at the same time refusing to appropriate the money state farmland protection activities (see page 9). to support them.We recognize that there aremany The chart gives a detailed look at which states use j ,, ' worthwhile programs that must compete for fund- right to farm laws,agricultural districting,purchase i :11) ing,but at the same time we wonder why our pub- of development rights programs and other tools and k lic officials do not want to make such a valuable techniques to protect their farmland. . investment in our country's agricultural industry, We're proud to say that AFT has influenced the '� ,w„� °' environmental health,and consumer satisfaction. development of many of these programs.Right to We are hopeful that the Senate will restore fund- farm laws that only existed in a dozen states a de- ing eliminated by the House. cade ago now exist in all 50, as do provisions for " n ' With the support of our members and the tax relief associated with agricultural use of the land. ` ' cooperative efforts of farmers,public officials,con- In 1980, only four states had purchase of servationists and thousands of other Americans, development rights(PDR)programs.Now after a decade of AFT a solid foundation for state-level farmland protection efforts has been workshops,publications and technical assistance,statewide PDR set. It is time now to step up the construction! programs exist in 11 states and are on their way to passage in more. In the 1990 Farm Bill,AFT built upon this achievement by suc- C)..0/L. "4 -4-4-L, cessfully encouraging Congress to include the Farms for the Future Act(FFA)to offer federal assistance to these programs.As we go to press, North Carolina and Delaware recently ratified legis- AFT INDEX Annual members and donors 16,747 Acres permanently protected by AFT (18 states) 38,833 Foundation donors 30 State Purchase of Development Rights (PDR) programs 11 Corporate donors 21 Counties involved in PDR States in which AFT has members 50 programs (8 states) 72 Acres protected under Farmers AFT has assisted as part of PDR programs 177,500 on-farm sustainable agriculture States with policies to limit farmland demonstration projects 139 conversion by state agencies 15 AMERICAN FARMLAND Summer 1991 1 r G { ' rk v 4..3. ,. . A � . _ �C C - r ----..v. ! lit 751t .telkl :'—'. 47:7-1:*4 1 k i I''i fr-14 k-— '' ---. '' n 11- , r w PO .r. Q Animal wastes and other farm runoff can harm water quality;properly managed farmland can benefit water and wildlife Farmland may be affected by Clean Water Act amendments by David R. Dyer 0; odifications to the Clean reduced the emphasis on funding sewage cally,runoff from farmlands,which may in- .' c Water Act could change treatment plant modifications and increased dude animal wastes, pesticides and { 4 V. the uses and misuses of emphasis on the need to address runoff from sediment,is cited for contributing up to half agricultural resources as urban and rural lands.This emphasis may of the nation's water pollution. The „ .. , f:, much as the 1990 Farm direct farmers into planting different kinds problem,however,is that runoff is also the Bill. The American Farmland Trust is , most complex water pollution problem to primarily concerned about the sections of `, address,because its sources are so diverse the Act that will address non-point source •` s` ` - • and widespread. pollution. t AFT believes that properly managed The Federal Water Pollution Control Act i farmland is an environmental and water of 1972, commonly known as the Clean a quality"plus."While runoff pollution from Water Act,set a national goal of making all E agricultural lands is a major problem in the rivers"fishable"and"swimable"by 1983. i nation,it is far more complex and costly to The act also established a goal of eliminat- t control polluted runoff resulting from urban ing the discharge of pollutants into water by sprawl than it is to control runoff pollution 1985. The act provided federal grants to A from agricultural lands.Farmland managed help local areas build sewage treatment in an environmentally sound manner is a plants,required municipal sewage and in- benefit to any watershed,and farmland pro- dustrial wastewater to be treated before be- of crops with different water needs. tection should be considered a vital compo- ing discharged into waterways, and According to the U.S. Environmental nent to the protection of the nation's more developed pollution limits that translate into Protection Agency,runoff from urban and precious water resources. permits to regulate and protect water qual- rural lands is the most serious,unaddressed David R Dyer is AFT's Director of Policy De- ity.Subsequent amendments to the act have source of water quality problems. Specifi- velopment. 2 AMERICAN FARMLAND Summer 1991 rmmi Water Quality 2000 brings diverse groups w.t *. s -� �t` y lj r 1� together to set pollution control agenda ;,R Be Part of the Solution. . . r 00" Help AFT Protect Our "R by Steven Etka ',�r Farmland .i 'rR s `1V ,t Ri s Congress debates the future ical use,properly manage nutrients,control A Matching gift—Your gifts to AFT can R of the Clean Water Act,the erosion,protect water quality and preserve 'r be doubled by your employer;check with American Farmland Trust is farmland. sR your employee benefits office. , working with other organiza- A recently-released Water Quality 2000of, R�r tions to set an agenda that interim report notes that agricultural produc- reaches beyond the confines of federal policy tion is a major source of ground and surface 41 Get friends involved—Give a friend to improve water quality. water pollution.AFT agrees that maintain- or relative a gift of membership in AFT • As part of"Water Quality 2000;'AFT ing good water quality is one of the major for special occasions, or give a gift in � R memory of someone who believed in and a coalition of over 80 organizations have challenges which American farmers con- •'r y;' conducted an intense investigation into the front today.To ensure that farmers are given �R farmland preservation. . causes of and solutions to the nation's water the best opportunity to address water qual- .Y � R pollution woes.The coalition has brought icy problems on their farms,AFT continues ?. Bequests—Carry on your commitment s together representatives from government, to balance its work on Water Quality 2000 ,,R to farmland protection by remembering �F industry, academia and environmental with direct on-farm involvement to assist s -, AFT in your will.AFT has a conservation •''' .r to groups. farmers in trying environmentally and eco- ' codicil for your use. 'R Over the past 18 months, the coalition nomically sustainable farming methods. .-' ' r.' y has conducted an in-depth analysis of the The coalition is currently developing its '!R yr• Gifts of equipment—Contributions of ' r A' office equipment can help AFT become sR r more efficient.Particular needs are a tel- .i;< R evision and VCR to use in educational ?�F y,; t presentations. Donations in good con- -,r wt. dition are tax deductible. ., -- R OF a V Gifts of real estate—Donate a resi- 4 "fr , dente, vacation home or investment 1 r property to AFT. AFT will sell the F 00 -R property and put the proceeds to work ; n - -1.'if in its Revolving Fund,where it will be used 4 toprotect valuable farmland. ^"tof ri R Volunteer services You don't need �R �� money to get into the"spirit of giving." r m " "It 4 R Donating your time or services can help A r AFT convince others to protect farmland. .• r y.. '!R Farmland—Place an easement on your ',l'F root causes of water pollution.Deliberations final report, which will detail solutions to - farm,thereby protecting your land from ',:r are underway to develop strategies to con- water quality problems and be sent to a wide .4'� development,and/or donate or bequeath !Pt front the problems identified.The diversi- audience in Washington and throughout the -,,:& your farm to AFT. Donating easements * ty of organizations comprising Water Quality nation. The coalition hopes that the solu- '"R or land to AFT will help aid our land- A..7 2000 — ranging from the Chemical tions will be included in Congress'final ac- ,.1V saving programs and give you further tax `r Manufacturers Association to the Natural tion on amendments to the Clean Water �! advantages. ,R Resources Defense Council — has en- Act,a law which celebrates its 20th anniver- :R 0•1R couraged a fully-informed debate which sary next year.In addition,early next year reflects many points of view. Water Quality 2000 will involve its mem- i; Please contact Karen B. Kress at AFT's 4 AFT policy staff members have actively ber organizations in an outreach effort to im- ` Washington Office at 1920 N Street, - participated in Water Quality 2000 in ord- plement the report's recommendations on sR NW,Suite 400,Washington,DC 20036; joR er to ensure that the coalition's recommen- the federal, state and local levels. • (202) 659-5170. r dations promote environmentally sound —Steven Etka is assistanttoAFT,sDirectorofPoli_ i4.1;� z .^R agricultural systems which minimize chem- cy Development. •'f� '� �'t "�', lilt �'t '�t �� " AMERICAN FARMLAND Summer 1991 3 AFT's expertise is as close as your mailbox . 111. an S_W. WINKELMAN z I when you order AFT publications On-Farm Demonstration Project Missouri "Results of the 1990 Saving the Farm: A Handbook Results Missouri On-Farm Demonstration for Conserving Agricultural Land Since 1989, AFT has worked with Project" (7 farms participating). 1991; An invaluable reference for local Midwestern farmers to establish on-farm 15 pages; $5.00/$4.25 6161 governments, private agencies and demonstrations evaluating the use of individuals interested in land use issues sustainable agricultural techniques. and the conservation of agricultural Many of the producers have been able Protecting Farmland Through resources, Saving the Farm offers the to maintain or increase their yields Purchase of Development latest and most comprehensive infor- while cutting both costs and environ- Rights:The Farmers' Perspective mation on agricultural land conservation. mental risks. In these annual reports, Since their initiation in the mid-1970s, It provides the tools for implementing each farmer tells of the demonstration purchase of development rights (PDR) effective farmland conservation pro- he designed to improve fertilizer effi- programs have protected tens of thou- grams, offering detailed guidance on ciency and reduce the use of pesti- sands of acres of valuable farmland. To subjects such as zoning techniques, cides in corn and soybean production. evaluate the satisfaction of farmers in- general plan polices and raising funds Illinois"1990 Sustainable Agriculture volved in these programs and to assess for conservation programs. The hand- Demonstration Grant Program their impact on local economies, AFT book's appendices include model poli Results" (over 100 farms participating). surveyed participants in the Massachu- setts cies and programs from throughout 1991;41 pages; $5.00 (non-memberprsetts and Connecticut programs. The California, although its practical models Indian (AFT member discount results, as reported in this booklet, pro and advice have applications from price) (free to Illinois residents)6141 vide insight important to the continued coast to coast. 1990; 150 pages (3 ring development of PDR programs binder) $20.00(non-member price)/ Indiana "1990 On-Farm throughout the country. 1988; 19 pages $17.00 (AFT member discount price) Demonstration Project Results" plus 27-page Technical Report$8.00 6211 (12 farms participating). 1991; 35 (non-member price)/$6.80 (AFT mem- pages; $5.00/$4.25 6151 ber discount price) 6181 (— Title Item No. Price Qty. Total Name: Street address: City State Zip Daytime phone( ) Member# I am an AFT member or am enclosing$20 to become an Membership in the American Farmland Trust$20.00 AFT member. (includes subscription to American Farmland) Shipping and handling Mail payment and order to: American Farmland Trust, (1 publication$2.50;2-4$5.00;5-8$7.50;over 8$10.00) Publications Department, 1920 N Street, NW, Suite 400, Washington, DC 20036 Total amount enclosed Applicable sales tax included in price. Allow 3 to 4 weeks for delivery. Signature: MC ❑ VISA❑ Card #:I I I I 11 I I I I I I I I I I I Exp. Date:___/._ L J 4 AMERICAN FARMLAND Summer 1991 v. ADVANCING FFA States move to qualify for federal farmland protection aid 1 As American Farmlandwent to press,Delaware became the latest state to qualify for farm- land protection assistance un- der the Farms for the Future Act (FFA), and legislation to qualify New York and Wisconsin was await- ing gubernatorial approval. The FFA, enacted in the 1990 Farm Bill,provides federal loan guarantees and in- terest cost subsidies to state farmland pro- tection programs. Deadline for states to qualify for the assistance by instituting these programs is August 1, 1991. Delaware's House Bill 200,signed by the Governor on July 8, establishes the Dela- • ware Agricultural Lands Preservation Foun- ., wx dation.The foundation,under the direction _ - of the Department of Agriculture,will en- courage the establishment of agricultural districts for the selection and review of farms that would qualify for purchase of develop- ment rights.The bill also outlines a system of tax benefits and"right to farm"provisions . for qualifying farm owners. "This legislation represents another tool to aid our efforts in preserving Delaware's 4 open space;' Governor Castle said. "It is 2 about more than maintaining the financial contribution that agriculture makes to Dela- ,, ..r ware.It's also about preserving the positive ilk historical and cultural contributions which .k4,x,.: have been made by the state's agricultural e ti . community" � �� In Wisconsin, both houses of the legis- ,-,,,,,,-.-1- ,.........., ,A�, �, \ , lature unanimously approved legislation ing , late June which would create a qualifying ilk, 4 farmland protection fund for the state.Cre- . sK-; ' ation of the fund is the first step necessary r ... for Wisconsin to receive financial assistance r= under the federal FFA.Since the terms of Delaware Secretary of Agriculture William Chandler the federal act specify that assistance will be and Governor Michael Castle speak with AFT provided on a matching basis,the next step President Ralph Grossi at a bill-signing ceremony is for Wisconsin to create a purchase of de- 44 for the state's new farmland protection legislation wx : velopment rights program that dedicates (bottom);with gubernatorial approval, aidto Wisconsin . :. will also qualify for farmprotectionland state,local or private funds to the preserva- tion of Wisconsin farmland. The bill's passage was a significant victory Independence Day giving media interviews Similar legislation in New York found last- for AFT,which worked actively to garner about the accomplishment). minute success in the state Senate,whose support for the measure(although the tim- Approval of these measures by both members passed an Assembly bill at 6:04 ing of its success meant that AFT New York governors is expected by the August 1 a.m.July 4 as their session came to a close. Field Representative Chris Braley spent her deadline. AMERICAN FARMLAND Summer 1991 5 QUESTIONS & ANSWERS lead to negative environmental effects.Most Edward Harte, publisher of the Corpus- farmers,for reasons of profitability and con- Christi Caller-Times and a director of Harte- cern for the land on which they live, do Hanks Communications,has a cattle ranch not overuse these products.Many are try- in Laredo,Texas.Vice Chairman Richard ing to further reduce their use by evaluat- Rominger, former head of the California ing new farming practices, some by Department of Food and Agriculture, becoming involved in projects such as farms with his brother, sons and nephew AFT's On-Farm Sustainable Agriculture in Yolo County, California.County, CalifoQ 8C positive, much more research and of 21st Century Genetics Cooperative in evaluation of reduced-chemical agricultural Shawano, Wisconsin, the nation's largest methods are needed. AFT supports in- cooperative cattle breeding industry;Lyon creased (and redirected) funding for con- was raised on a dairy farm that his brother servation research programs such as the still operates. LISA(Low-Input,Sustainable Agriculture) Stephen Adams is head of the Oklaho- program. AFT would like to see greater ma Land and Cattle Company, a multi- assistance given to farmers to evaluate prac- faceted,family-owned ranching and farm- tices on their own farms. ing operation with activities in several states. As head of Archer Daniels Midland Com- pany,Dwayne Andreas runs one of the na- Is AFT an agricultural or tion's largest agribusinesses,famous for its environmental group? marketing partnerships with farmer AFT's mission is to stop the loss of cooperatives.Doyle Conner,former Florida ) productive farmland and to promote farm- Commissioner of Agriculture,has a ranch, ing practices that lead to a healthy environ- as does Robert Anderson, vice president ment.These objectives are shared by many of Hondo Oil & Gas Company. William in the agricultural and environmental corn- Dietel,who also serves as chairman of the munittes, as well as by many others who board of Winrock Institute for Agricultur- care about the source of our food. Thus, al Development,president of the Founda- AFT does not think of itself as an agricul- tion for the Development of Polish A regular department tural or an environmental group,but rather Agriculture and chairman of the board of offering answers to one that works to unite many diverse American Public Radio,has a Virginia farm frequently asked questions groups and individuals in farmland protec- where he and his wife raise sheep. Jean tion efforts across the country. AFT is a about farmland protection Wallace Douglas manages a farm in West- "conservation"group whose work focuses and AFT on the natural resource issues faced bychester County, New York, and is presi- farmers. dent of the Wallace Genetic Foundation, a private organization whose interests in- clude sustainable agriculture. Mrs. David Does AFT support organic What kind of board members Rockefeller actively runs farms in New farming? does AFT have? Do any of York Stare and raises Simmental Cattle;last AFT believes that organic farming — them have farm experience? year,she was honored by the state Soil and farming without the use of manufactured The members of AFT's board of direc- Water Conservation Society for conserva- chemicals —can help some farmers grow tors have a wide range of experience in tion on her farms. certain crops profitably while reducing the agriculture,conservation,philanthropy and In addition to this agricultural environmental impact of farming. Farm- business — and many have experience in knowledge, AFT board members bring ers,particularly those on the fringe of ur- a combination of these fields.They share significant experience from serving on the ban areas, can often command a higher a strong commitment to protecting the land boards of many other organizations.Dedi- price for organically grown vegetables and that feeds America and to expanding the cated to AFT and well-connected,AFT's fruits.AFT supports the expansion of mar- conservation opportunities available to all board members are valuable assets in keting opportunities for all farmers because farmers. gathering support for AFT and its work. it is the marketplace that will ultimately Two of AFT's newest board members dictate the success of farming, organic or (see p.22) have farms. Obie Snider is a not. respected dairy farmer from Pennsylvania, The American Farmland Trust welcomes On other farms,certain agricultural prac- Illinoisan Elizabeth Peacock is a conser- questions about AFT tand farmland Inoteotion. tices rely on the use of manufactured chem- vationist who maintains some of her fami- Editor,adderic all Farmlans co American N Street, Editor,American Farmland Trust,1920 N Street, icals.Extensive use of these chemicals can ly's pioneer farm. Board Vice Chairman NW Suite 400, Washington,DC 20036. 6 AMERICAN FARMLAND Summer 1991 We value our SHORTCHANGING 1 members! CONSERVATION - INMCongress doesn't always put its money where its mouth is 4:401:,,r , k I,R ( ' 4 by Steven Etka 14 op he American Farmland Trust, working with con- You Can Make a servation, environmental, Difference! Can we help you? consumer and farm groups, Call or write your Senators and was successful in establish- ing many new programs in the 1990 Farm Representatives and express your ❑ I missed an issue of American Bill which address environmental issues concern that the landmark agri- Farmland and would like to related to agriculture. Unfortunately, the cultural conservation provisions of receive another copy. (please majority of these programs cannot be im- the 1990 Farm Bill receive the specify) plemented without funding—funding that funding they deserve. El I am receiving duplicate mailings. Congress does not seem willing to allocate. Write: Senator (please include all mailing labels) When the House Appropriations Com- U.S. Senate El I changed my name or address. mittee met in mid-June and failed to pro- Washington, DC 20510 vide adequate funding for most of the 1990 (please indicate change below) Representative Farm Bill's new conservation programs, ❑ Please do not exchange my AFT turned its attention toward the Senate. U.S. House of Representatives name.` Washington, DC 20515 But on July 23,the Senate Appropriations � Committee met and, citing tight budget Name constraints,also denied adequate funding Call: U.S. Capitol switchboard 10 to important programs established by the (202) 224-3121 Address 1990 Farm Bill.Through its prioritizing, the committee demonstrated a lack of coin- tees meet in conference later this year to City, State, Zip mitment in addressing the conservation and reconcile their differences. environmental issues that are crucial to the Most disappointing to AFT is the lack Member number agriculture industry. of any funding for the Farms for the Future * Periodically AFT allows care- The one crucial 1990 Farm Bill conser- Act,the landmark program established by fully selected organizations to vation program for which the Senate Ap- the 1990 Farm Bill to provide federal finan- send promotional literature to our propriations Committee did provide cial assistance to state farmland protection members in exchange for the substantial funding($91 million)was the programs. AFT has worked hard to con- privilege of sending AFT' material Wetlands Reserve Program.This program vince Congress of the importance of this to individuals on their lists. Please was authorized by the 1990 Farm Bill as a program,and was joined by other conser- indicate if you would prefer not to long-term (30-year) or permanent ease- vation and environmental groups in urging receive such mailings. ment program to restore and protect wet- the Senate to provide$7 million to start the lands on farmland. program in fiscal year 1992. If you would like specific infor- While the lack of funding for important mation or have a question, please The Senate Committee provided insuffi- conservation programs for fiscal year 1992 write or call AFT's Membership cient funding for other valuable conserva- represents a setback for the cause of environ- Department at (202) 659-5170. tion programs, such as the Water Quality mentally sound agriculture,next year pro- Include the mailing label from Incentives Program and the Low-Input vides a new opportunity for securing the11111 the latest issue and mail to: Sustainable Agriculture(LISA)program.A necessary funding to assure the programs' last-minute Senate floor amendment offered implementation.AFT'encourages all mem- Membership Department by Iowa Senator Tom Harkin increased the bers to make their views about these pro- American Farmland Trust Senate's funding for the Water Quality In- grams known to their Senators and 1920 N Street, NW, Suite 400 centive Program to$10 million.an increase grams Representativesnownin the U.S.SCenators ss. Washington, DC 20036 which AFT will strongly support when the House and Senate Appropriations Commit- —Steven Etka is AFT's Policy Analyst. AMERICAN FARMLAND Summer 1991 7 STATE OF THE STATES A Scorecard of State-level Efforts to Protect Farmland • 06"4•114 .. ..moi _ •� A he loss of America's farm- encouraging agricultural districting or Others depend on the willingness of non- land is an issue of national growth management plans. farm residents to invest in the future of concern.At the same time, The 1980s saw a great increase in such agriculture and open space or farmers'abil- it is a problem which is programs on the state level.Many of these ity to commit to their businesses for long often most appropriately were assisted by the American Farmland periods of time. addressed at a state or local level. There, Trust,whose growth since its founding in The continued—and by most accounts, citizens and their public officials are closer 1980 has paralleled the rise in farmland pro- increasing—interest in state action to keep to the land itself and more familiar with its tection activities.In 1980,far example,four agriculture viable in states where populations assets and the threats which put it at risk. Northeastern states had created purchase of are growing and subdivisions are expand- They are in the best position to select the development rights (PDR) programs; in ing is heartening.Yet to successfully fore- farmland protection tools and techniques 1991,PDR programs exist in 11 states and stall farmland loss,these techniques must which best suit their land,their farmers and are on their way to passage in two or three be continually reevaluated,expanded and other taxpayers. others. Similarly, in 1980 about a dozen improved.While we do not yet have all the As urban growth has put farmland under states had right to farm laws;today,with the answers,we cannot put off our action until siege during the past few decades, states recent establishment of a statute in South we do. We must take note of the strides have countered by enacting programs and Dakota,all 50 states now have right to farm made in the last decade,as illustrated in ac- laws to maintain a healthy base of farmland. laws. companying chart,and rededicate ourselves Some permanently protect farmland by The way that these programs operate, to placing farmland protection high on every purchasing development rights;others keep and the degree of protection they offer farm- state's agenda and creating the widest pos- farmers safe from unreasonable nuisance land, differ from state to state. For some, sible range of conservation programs and complaints from new neighbors. Some success rests on a state's fiscal health or the opportunities. states facilitate local action to protect land by strength of a county's agricultural economy. 8 AMERICAN FARMLAND Summer 1991 ao N e,r�9!` � n at ao s a. American Farmland Trust V 4'1 CURRENT STATE FARMLAND . sPROTECTION ACTIVITIES a E a a ¢ C7 C7 C)° Alabama X X Right to Farm Laws—Statutes which offer a farmer or rancher legal Alaska X x X X protection from nuisance suits brought against normal farming practices. Arizona X X x These laws attempt to remedy a situation where a farmer receives com- Arkansas X X x plaints from new,non-farm neighbors who have moved on to an adjacent California X X X X X X X property,such as in a new subdivision, and may be unfamiliar with the smells and sounds of an active farm. Colorado X X X X Connecticut X X X X X X Tax Relief— Preferential or Differential — Ordinances which allow Delaware X X X X X X X farmland property to be assessed at its value for its current agricultural Florida X X X X X use rather than its development value, which is usually estimated for Georgia X X X X x X residential uses. Hawaii X X X X X Idaho X X X X Purchase of Development Rights(PDR)—Programs enabling state or local governments to buy conservation easements,or deed restrictions, Illinois X X X X X X on qualified farmland.Landowners receive cash for some of the equity Indiana X X X in their land, while retaining ownership and agricultural use rights. In Iowa X X X X X the 1990 Farm Bill, Congress gave state PDR programs a boost by Kansas X X X X creating the Farms for the Future Act, which provides federal loan Kentucky X X X X X X X assistance to states for farmland protection. Louisiana X X X Maine X X x X X Agricultural Districting—Legally recognized geographic areas which Maryland X X X X X X X X one or more farmers establish for protection from government taking actions and nuisance complaints. In exchange for keeping land in the Massachusetts X X X X X X district for a specified number of years,farmers receive benefits such as Michigan X X X X X protection from certain exercises of eminent domain powers and annex- Minnesota X X X X X ation,relief from special tax assessments and levies based on the land's Mississippi X X x development value,and additional protection from nuisance complaints. P Missouri X X X Montana X X X Growth Management or Mandatory Planning and Zoning— Nebraska X X X Increasing numbers of states are requiring counties and municipalities to prepare and execute comprehensive land use plans and ordinances. In Nevada X X X addition to planning and designing future growth and development,several New Hampshire X X X X X X states also require that these plans set certain areas aside for conservation New Jersey X X X X X X X X purposes. New Mexico X X X New York X x X X X X Governor's Executive Order—A governor's decree that acknowl- North Carolina X X X X X X edges the importance of agriculture to the state, recognizes the rate of North Dakota X X X agricultural land loss and requires state agencies to reduce the amount Ohio X X X X X X of farmland acquired for their construction projects and to limit the effects of their activities on remaining farms. Oklahoma X X X Oregon X X X X X Conservation Easement Enabling Legislation—Laws adopted Pennsylvania X X X X X X X X by a state to govern and encourage the use of easements by local govern- Rhode Island X X X X ments,recognizing the effectiveness and flexibility of this tool in achiev- South Carolina X X X X ing conservation objectives. South Dakota X X X Tennessee X X x Land Evaluation and Site Assessment Systems—The Land Use Evaluation and Site Assessment(LESA) system is a land-use decision- Texas X X X making tool created by the Soil Conservation Service. States and local Utah X X X governments use it as a guide in deciding whether or not to allow pro- Vermont X X X X X X X X posed changes on specific parcels of farmland and to target protection Virginia X X X X X efforts.Officials use information,ranging from current development trends Washington X X X X X X to the health of the local agricultural economy,to arrive at a numerical West Virginia X X X rating that indicates the parcel's agricultural importance and future viability. Wisconsin X X X X X X The above information was compiled from reports from state Wyoming X X Departments of Agriculture, the Drake University Law School TOTALS 50 50 11 12 15 9 11 46 28 Agricultural Center and the Soil Conservation Service. AMERICAN FARMLAND Summer 1991 9 EIGHT EASY WAYS ' 1 I) PROTECT OUR FARVILkND _,, — , _ __ _.., .. ,..„ _. h, PROTECT YOUR OWN LAND TM _ There are financially viable alternatives to selling farmland ,,, ,,'` for development. AFT staff members or a local land trust can help you determine which one best suits your needs. ". i,< 7 fr, r s , al 1 ���..�■ —.rr.�...wt--.rte =-.. 1001111.0.0000000000100 A I IV1 r;--i ,,..... -,P t 11 i it .- ,1 ,eil,:, ) ,-\ It., a ,Q f,A,‘ tvt_ x i: - , -,..,:„.., „,„ ) , h ,,,,, _ 40 ..e _ � ` _ PLANT A GARDEN A ' ' j ,. -_ .,,- i -- _ ..„„ ....„. , Growing your own food is a good way to understand some of the ? rewards and difficulties of �° farming. SPEAK OUT Let others know about your concern for farmland.Write your newspaper and government representatives, make presentations to ' schools and community groups, testify at land use hearings. Get .: others'help in developing innovative ways to keeplocal farmland ' t productive. 1, a } . . illi it-e -4....-. , EDUCATE YOURSELF \ Read, take classes, attend local government meetings, talk to local farmers. Find out what's being done to protect farmland in your area. F �+ 4 :1' ' r7:1 w,. ... .... ......rte.,. 2`.'. ,_ _ .., _ __ ..,,..,_ _ _ ,.: TEACH THE CHILDREN _ It's never too early to learn the value and limits of the earth's "` , , resources. Help children understand that food doesn't just come . ir 'S` from the supermarket, that milk doesn't come from a carton. v;, 4�r"4 e, ` KNOW WHAT YOU'RE EATING Encourage supermarkets to carry produce grown in the U.S. Learn which products are available locally and ask your grocer ^a v to stock them. Remember that fruits and vegetables do not have to be flawlessly beautiful to be nutritious,good-tasting and safe. 41*-Its-6V#-...41,1"- J 'kR.a ..,,L• d fri 4r. ,,,1111° ,, INVEST IN LOCAL AGRICULTURE /II Visit a local farmers'market, roadside stand or pick-your-own1•00`... operation.Your support can help keep your area's agricultural '4.141''''',;t, om ' economy thriving, and ensures that you get the freshest, tastiest TM 4' food around! aluftm • a .. ,,. 5R0 *. SUPPORT AFT .'.:, The American Farmland Trust is the only national, nonprofit, membership organization dedicated to saving the land that feeds America.Join AFT's team by becoming a member, distributing AFT'materials in your community or giving AFT'memberships to your friends.Contact AFT's National Office at 1920 N St.,NW, Suite 400, Washington, DC 20036(202) 659-5170. :::-..--2.... We know you care about 4- our farmland. Now let others . ,� know too! k By proudly displaying attractive j/ AFT products, you'll show your rrsupport of our farmers and our — farmland. And you'll help to i',,.,‘„,„,;4„;';i10•;;;:J'' ., spread the word about the only national group working to save the rW.D r �� land that feeds America — the r American Farmland Trust. • "To the farmer,every day is Earth Day"T-shirt—100%cotton,AFT logo on back. In Small,Medium,Large $9.95. :,•'.'::'''''.1",'''''':"..1::', ':, • Farmer cap—For cornfield or softball field,with a mesh back.In red or white. $9.95. • "How We Eat Tomorrow Depends On What We Do Today"grocery bag —100%cotton canvas,with a coupon pocket and AFT's logo on opposite side. 111/2"x 7"x 16"high.$12 or two for$20. • Lapel pin — AFT's logo on an attractive u'' � < <. green and gold pin. oQa Approximately 11/4" v p, AJ1BER A-.LS long. Standard pin Otk_ clasp $5.50 (LPSW); "` # _ Military clasp $5 " . f -=i._ss •AFT canning and :1rneicanl'atnnlandTrust freezer label post- ss i\GIDE LAND IHAIFEEDS AN1V card — A postcard with eight handy peel 1 off labels to identify ,' ,, wrapped or canned goods and a space to •AFT notecards—Five beautiful photos of farm scenes from the agricultural write a short note$60 photography studio of Grant Heilman.Recycled paper,blank inside.20 cards or two for$1. u `.' (4 each of 5 designs)and envelopes.$12 tk • AFT's"Saving the Land that Feeds America"bumper sticker.$.50. • "Spring Turning"Poster—David Armstrong's attractive water- color painting(see back page)reproduced on a 34"x27" inch •Amber Waves of Grain—Hardcover book features Georg Gerster's striking poster commemorating his December 1990 New York exhibition. aerial photos of America's farmland, produced in collaboration with AFT. Poster signed by the artist.$25 Introduction by Garrison Keillor.256 pages,full-color.$50 r Unit Total Name Item(use abbreviation;indicate color) Quantity Price Price Address Telephone( ) day li Subtotal ( ) evening Shipping and handling Less AFT membership discount(15%) I would like to become a member of the American Farmland 1-2 items—$3 Shipping and handling Trust.I've enclosed tax-deductible membership dues of$20 3-4 items—$4 AFT Membership Dues($20) (Membership discount applies immediately) 5-6 items—$5 over 7 items—$6 TOTAL Send check,made payable to AFT,to American Farmland Trust,192b N Street,NW,Suite 400,Washington,DC 20036. applicable sales tax included in price Please allow four to six weeks for delivery. MC[ ] VISA[ ] i i i i i i i i i t i i I i i i i exp.date / L signature J 12 AMERICAN FARMLAND Summer 1991 I i riff_Ai ► REGIONAL SPOTLIGHT 1 ;� r _., i A • sh, . 24 ..ir *,,it, ),. ..0., _ ,,,..* ,,:...,_ * 1, .. _ „.„.... 40 .14 1, THE KEYES COMPANY 0 REALTORS N°1 IN THE SOUTH t X AGRICULTURE AT A CROSSROADS As urbanization expands in Dade County, farming finds its back up against the wall I by Tricia Obester lion acres,things here seem larger than life, Each summer afternoon an immense a bit unreal and more exotic than their mass of black clouds appears out of no- counterparts elsewhere.Under the white- where,moving across Dade and deluging , bright sun of Miami, skyscrapers daizle each bit of earth.Just as quickly,the clouds " like mirrored sandcastles,towering over tur- depart, the sun reappears and Dade � J. ► quoise waters where ships as large as city County's plants,their thirst quenched,get i t* ., blocks wait to make their way out to sea. on with the business of growing. On the sidewalks, people of every color And what a business it is. Agriculture converse in diverse languages. is an industry worth nearly$1 billion to the \'AP Traveling 40 miles southwest of Miami, county, generating the equivalent of over •• into the rural area surrounding Homestead, 23,000 full-time jobs.Annual cash receipts the feeling of enormity remains. Vegeta- place Dade in the top 35 counties nation- • " .0 tion is lush and tropical;plants with leaves wide. Dade's high temperatures and 60 g like elephant ears,tall coconut palms and inches of yearly rainfall allow growing and .: bushes and trees with fiery blossoms line harvesting to continue each month of the the roads. Emerald avocados and limes year. As other parts of the nation shovel speckle leafy orchards;purple-pink man- snow, Dade County producers are busy gos hang from sagging branches. growing vegetables —tomatoes and beans ''S Tarps the size of football fields cover in particular. Dade's sub-tropical climate A sign frequently seen near Homestead acres of exotic plants destined for shopping enables farmers to cultivate tropical fruit (top);ripe carambolas(bottom). malls and solariums across the country.An which cannot grow anywhere else in the Homestead, FL empty field of crushed rock— one of the continental U.S. "soils" found here in Dade — rests after For all of Dade's uniqueness, however, II Dade County, Florida, lo- a season of beans and tomatoes.In another, it still faces the common challenge of keep- cated at the southeastern men harvest watermelons by tossing them ing agriculture viable in the path of urbani- tip of the state and the down a line like children playing ball. 7ation.On the county's East Coast,Miami nation,is as lie as Dela- Down the road, gleaming 18-wheelers is one of America's fastest growing cities. ware and twice the size overflowing with limes roll into a gas sta- Ensuing suburban development pushes of Rhode Island. tion, perfuming the air with the scent of south and west into Dade's agricultural As befits a county of nearly 1.25 mil- citrus. wonderland.With The Everglades cover- AMERICAN FARMLAND Summer 1991 13 REGIONAL SPOTLIGHT ing the far west end of the county,and the Gulf of Mexico and the Florida Keys out- lining the southern edge,there is nowhere for Dade County agriculture to go. And the current farmland base of 80,000 to 85,000 acres is being destroyed at a rate of 2,000 acres a year. Caught in a Squeeze Over 900 people move to Florida each day. In Dade County alone, the popula- tion increased over 50 percent between 1970 and 1990.In 1985 state legislators at- tempted to address the population boom by enacting a growth management act re- quiring counties to adopt guidelines for future growth. As it was originally writ- £ ; _ — — _ ten,a section of the act stated that the plans must address the future of agricultural lands.But conflicting opinions soon led to the section's removal, and counties were left to decide on their own if their com- prehensive plans would be concerned with ,17 agriculture in addition to urban growth and environmentally sensitive areas. In Dade County,city planners got a head start by working with the agricultural corn- _ 11 11 I I!��,,, , _ - a i - .„,,, munity in the early 1980s to prepare an �;.; A. agricultural plan. It wasthe first time the county mapped out its best agricultural land and established boundaries for urban growth. Dade adopted a policy prohibit- a y �; � �`` 4. ing urban encroachment onto farmland un- y , ;; °: ,. f —� � < less absolutely necessary to accommodate growth in an orderly fashion. Since 1983, however, over 11,300 acres of land have €E been taken out of agriculture and placed " within the boundaries of urban growth. Land values continue to escalate, making it difficult for farmers to buy or hold on to land.And in the northeastern corner of the o agricultural region,farms surrounding Ken- •E dall Drive have been replaced with Burger King and Kmart. Acres of bromeliads bloom at a nursery in South Dade County. "It's not just urbanization; it's chaos," to allow for urban expansion, it can only were planted. Planting was easier in the maintains Jack Campbell,chairman of the mean a reduction of agricultural land:' county's sandy,low land soil that was once Soil and Water Conservation District and From Food to Foliage under water. a former grower and executive at one of In a nation filled with agricultural jewels, Today, Dade County is one of the na- Dade's largest packinghouses."And that's Dade County is one of the most extra- don's most important sources of ornamental only happened in two years:' ordinary.This would most likely come as plants, fruits and winter vegetables. "We're not creating any more agricultural a surprise to the area's early settlers,who In 1989, Dade County growers land in Dade County," County Planning thought profitable growing would be im- produced$275 million worth of vegetables, Director Reginald Walters says."Our backs possible in the county's limestone rock. which accounted for over 50 percent of the are against the wetlands and there's no Several decades later, machines were county's agricultural sales. Growers raise more intrusion into that area.As the com- developed to break and crush the rock and, over 50 different vegetables;tomatoes are mission amends the plan from time to time in the early 1900s, trees and row crops by far the most valuable crop, worth over 14 AMERICAN FARMLAND Summer 1991 .. AL. ) REGIONAL SPOTLIGHT County—millions of pounds a year—and limes were not even planted in Dade un- "" ' ,4 til the late 1940s! f In recent years, Dade County farmers ! have increased production of unusual trop- '` r _ ical fruit, such as carambola and lychee. Tf l While only grown on a few hundred acres each,they are fast becoming an important \. component of the area's farm economy as they reach receptive markets of adven- turous cooks and Latin American and Asian immigrants. As these markets ex- pand,consumers will increasingly depend on Dade County farmers and farmland. oThe growers'willingness to look to the future has enabled Dade's agriculture to Athrive close to a metropolitan area. The farmers, ranging from established Dade families to immigrants to young couples coming into farming for the first time,con- Florida , c tinue to explore produce common in other countries but unheard of here. Together g with their packinghouses, they are work- ao ing to make chefs and others aware of the Dade County /r exotic new produce they offer, hoping to match the success of kiwi,the popular furry • - fruit virtually unknown in the U.S. only a decade ago. I ast year,many of the tropical fruit grow- - ' ers worked to draft "The South Florida �' .i * = Tropical Fruit Plan,"a document prepared ,`,-'N- - for then-Commissioner of Agriculture and r - -- - American Farmland Trust Board Member - Doyle Conner.The project outlines a plan � 4o.,... ., _; .— to keep the industry viable in years to �' come. One chapter illustrates the urgent ' ,, ..,, . need to protect the land from development. "The newborn industry, a unique na- -µ..,„ tional treasure,may be killed in its cradle;' • 1 the document asserts."The cause:uncon- 0 trolled urban growth:' * Currently,the prices which tropical fruits and vegetables and ornamental plants corn- Avocados(top), lychees(middle), and potatoes are a few of Dade's products. mand can make small parcels of land eco- $110 million.Beans are the next most valu- (nearly$140 million in 1989)makes it an nomically viable for a farmer, particularly able vegetable, bringing in over$60 mil- important one. In a state where$1 million important in a county with large areas un- lion. Other important crops include worth of foliage is shipped each day,Dade der five-acre zoning.Yet agriculture's value potatoes,sweet and seed corn,cucumbers County's ornamental nursery industry is to Dade extends beyond the pocketbooks and okra.Dade County is also the largest the largest. of its producers. Much of its farming is producer of tropical vegetables in the con- About a fourth of Dade's farmland is labor-intensive;pole beans and much of the tinental United States. Growers produce planted in tropical fruit. Since the first delicate fruit must be picked by hand. over$27 million worth of varieties such as avocado grove was established in 1901 in Often the same tree must be harvested malanga, boniato and yuca. what is now the heart of Miami,fruit grow- more than once to obtain ripe fruit.Local Although only 5,000 acres of Dade ing has become an$83 million industry. packinghouses, some of which are situated County land are used for ornamental plant Over 90 percent of the nation's mangos in a farmers'market the size of a large in- production, the high value of this crop and limes are now produced in Dade dustrial park,employ thousands of people. AMERICAN FARMLAND Summer 1991 15 •.afiillil--far rilli.. REGIONAL SPOTLIGHT Guava—Small round or oblong fruit Taste As 1 --- with a yellow-green skin. Its flesh can be sweet or acidic and varies in color of the .4 from white and yellow to pink and red. Tropics Kumquat—A tiny,bright orange citrus & ,� ` fruit. Both skin and pulp are edible. . Eaten raw or cooked, kumquats have 36 . 1. M an intense orange flavor. ,, Lychee & Longan—Related fruits 't 4with a sweet grape-tasting pulp around \ _ a center seed. Native to China, these _ - small, clustered fruits are popular in A variety of South Florida's tropical fruits Asian nations.The lychee has a tough and vegetables. red bumpy peel; the longan's peel is smooth and brown. "The kinds of tropical fruits that Many of the fruits were introduced Mamey Sapote—A football-shaped •.; come out of Dade County are only into the United States in the late 1800s. fruit with coarse brown skin and soft, limited by our imagination,"maintains Settlers first grew them in their back- bright pink-orange flesh. It is said to Dade County, Florida, tropical fruit yards and then planted groves. Today, taste like pumpkin custard flavored with grower Marc Ellenby. the tropical fruit industry is worth$70 toasted almond. In recent years, imaginative growers to $80 million annually. While avoca- Mango—Large oval fruits whose color- like Ellenby have capitalized on the dos, limes and mangos are the most ful skins are purple, red, orange and area's sub-tropical climate and in- popular,innovative growers continue to green.Its soft,bright orange flesh tastes '" troduced a variety of fruits native to introduce new produce to the area and like a mixture of peach and pineapple. Caribbean, Latin American and Asian to the marketplace. Passion Fruit—A small round fruit countries to their American groves.Re- Be on the lookout for these special with a purple-brown skin which grows cent immigrants'desire for the foods of fruits: on large vines.When strained,its pulp I` home and America's fascination with ex- Atemoya—A hybrid of the sugar ap- and seeds give an intensely flavored otic foods have created a market which ple, it is a pale green fruit with bumpy golden juice with a taste of citrus, has only begun to take off. skin and a creamy-white,pudding-like pineapple and guava. "It still amazes me how people love sweet pulp. Papaya—Papayas come in a variety of their native fruits so much,"says Ellen- Carambola—A long golden-yellow shapes and colors and are speckled with by. He recounts the day he first set up fruit with ridges, also called star fruit. yellow when ripe. Their soft, mellow- a box of sugar apples at a market in Eaten out of hand or sliced into crisp flavored flesh can be pureed or eaten Miami's Cuban section. "They went and juicy star-shaped sections, its taste whole; shiny black seeks in the center crazy over them. We sold out." is a blend of apples, grapes and citrus. cavity are also edible. A Turning Point number of acres per farm decreased from them, new strip shopping malls and "Dade County is at a critical juncture in 88 to 51.) By bringing idle and less fertile widened roads to service them and new its history, a crossroads which will largely land into production and converting wet- forms of industry to employ them. For determine the fate of our land use and the lands, Dade has been able to hold on to some residents,the high value of the land future of local agriculture,"Planning Direc- a stable base of farmland. But these op- dictates that its best use is urban develop- tor Walters says.All those familiar with the tions no longer exist.As its population in- ment.Even some farmers,or farmers'off- county would agree. creases,Dade County's holding pattern will spring, feel that it would be in their best During the 1980s,the number of hous- not hold out much longer. interest to sell their land and move to 3 ing units in Dade increased by 47 percent, Since the late 1970s,local residents have cheaper land elsewhere, or to get out of with an annual demand of 20,000 units. been sharing their concerns about the farming altogether. Over the past two decades,the amount of county's future.They are divided as to how Other producers strongly disagree.They land devoted to agriculture has remained they can best ensure a thriving economy see an opportunity to grow and market relatively steady, about 6.6 percent of the for Homestead and the surrounding area. products that nobody else in the country county's land.(At the same time,between Some business leaders believe economic can match. With constant evaluation and 1974 and 1987 the number of farms has growth will come with new residents and adjustment, they feel that Dade County increased by 86 percent as the average the new developments needed to house farmers can make a good living while re- 16 AMERICAN FARMLAND Summer 1991 ...>.ALm REGIONAL SPOTLIGHT raining the agricultural land that serves as respondents overwhelmingly supported Evans suggests that Dade County offers a valuable buffer between the urbanization farmland protection initiatives.In 1987,as a good example of what's happening in of the north and the environmentally sen- a result of its earlier efforts,AFT was the Florida."Dade County is confronting a lot sitive land on the west and south.A corn- only organization based outside the state of issues regarding its future land uses and mittee comprised of diverse interests came to be asked to participate in the Farmland choices have to be made soon.But I think together to prepare the Agricultural Use Mapping and Monitoring Assembly, held the outlook is optimistic because the plan- Plan in the early 1980s,while another coa- to develop a consensus on the direction of ning department is willing to explore op- lition successfully halted the widening of conservation efforts. During 1987 and tions and the residents are interested in Krome Avenue,a main thoroughfare which 1988,AFT conducted a series of county- coming up with solutions." bisects the area north to south. level workshops to explain land preserva- As work came to a close on the tropical Locally Grown, fruit plan last year, several growers decid- Locally Protected ed to organize a strategic planning confer- ence on protecting the county's agricultural Dade County producers should not have land. They were hopeful that once the to stand alone in protecting the land that issues were laid out in front of a larger puts tropical fruit and winter vegetables on audience, more local residents would be- the tables of people throughout the Unit- come involved in planning a future for the ed States. But for action to be effective,it area's agriculture. must continue to be driven by local �, l®— residents. Armed with a recent University of Flori- � L..aa 1 da study of agriculture's economic impor- "There's plenty of wheat land,plenty of tance to the county, the growers went to -, i peanut land and cotton land,but where are the county commissioners in April to en- _ the tropical fruits grown?"asks Conserva- list their support for such aconference. — __ ._ non District Chairman Campbell."Where Both the county and the concerned grow- `4�� are the winter vegetables grown?In South ers contacted the American Farmland a Y. Florida or in Mexico,that's where.So[pro- Trust to see if AFT was willing to lend 1 tecting this land] should be of national its experience to Dade County to evalu- -- , concern. , "But national issues are not going to pro- ate its agricultural base and to set goals for I' ! its protection. otect local farmland because every area has In June,AFT representatives spent three _ its own problems,every state in the union days in Dade talking with local residents is trying to do the same thing. and officials about the situation and help- Kendall Drive, once farmland, is a Fortunately for Dade County,plenty of vivid example of what could lie in residents appear ready to take action. ing the county lay the foundations for the store for Dade's fields and orchards. conference,now set for October. In com- "The momentum is here, the political ing months, AFT will help bring speak- tion methods and programs to local govern- timing is right;'says fruit grower and AFT ers and expertise to the county,so that the ment officials, conservationists and member Gabriele Marewski, one of the residents can make their own informed de- landowners. growers active in planning the conference. cisions about the future of their county. Early this year AFT began a nine-month "Certainly the need is here:' "I am excited about the awareness that project to evaluate the need for farmland What happens to Dade County's farm- exists in Dade County;'AFT Director of preservation assistance in the state. AFT land in the next decade could be drasti- Operations Jim Riggle says. "Whether it is contacting Florida's 67 counties to learn cally different from what has transpired in was under urban pressure or not, Dade is if agricultural land has been addressed in the past decade. Before too many more a unique area whose agricultural lands their comprehensive plans and to offer as- houses are built, roads widened or fruit deserve special attention:' sistance in protecting land. AFT is also trees felled, Dade County residents must working at the state level to encourage legis- acquaint themselves with the alternatives. AFT as Advisor lators and state agency officials to offer lo- Agriculture and growth can co-exist, but AFT began activity in Florida in 1984, cal governments a wide range of land it does take careful planning. when it was asked to testify before. the conservation tools. Along the way, AFT "If we want to be farming in the next Florida legislature on the need for a pro- has been evaluating possibilities for land century — for my daughters and my son gram to monitor and map the loss of the protection and meeting with diverse organ- —we have to lay some groundwork now:' state's agricultural lands.In 1985 and 1986, zations and businesses to cultivate support. says Marc Ellenby, one of the area's lar- AFT joined with the Florida Chapter of "With very few exceptions there is a gest exotic tropical fruit growers."The writ- the Soil and Water Conservation Society tremendous amount of support and interest ing's on the wall.So let's say`We're going to conduct a poll of Floridians' attitudes in protecting Florida land;' AFT Florida to be in farming:And let's set policies so about the need to protect farmland. The Field Representative Craig Evans says. we can be in farming:' AMERICAN FARMLAND Summer 1991 17 , t.. ''' , i 0,': -N,N , ,„ ! . .‘,!, 1/4„,. lh '', 1 \ ill I All # , , ,,,, ,,, 4, i , , ,4 i i „.• .‘ 4 , ,, , i ti , , i '‘ ,.' , , , 4 . , . ,. s s . ‘o.c ...c m Planning funds will help Columbia County landowners keep their area's agriculture intact. PLANNING FOR THE FUTURE AFT establishes pilot land planning fund in Columbia County, NY o help farmers concerned With careful planning,Braley says,a farmer Under the Columbia County program, with the rising cost of own- can keep a solid mass of good land in a pilot project for AFT, farmers receive ing and farming land inves- agricultural use and sell less productive and interest-bearing loans which are to be repaid tigate alternatives to strategically located land for development. with the proceeds from the first lots sold. development,the American "By setting aside time and resources now, An agricultural conservation easement must Farmland Trust and New York's Columbia farmers can protect their equity and main- be placed on remaining farmland,while the Land Conservancy recently established an tam profitable operations as Columbia layout,design and number of lots set aside innovative Farmland Planning Revolving County's agriculture adjusts to a changing must not compromise the agricultural qual- Loan Fund. farm economy," Braley says. "We under- ities of the adjoining area. The fund will be used to offer loans to stand that it can be hard for a farmer to justi- Representatives from both organizations Columbia County farmers who are interest- fy spending money now to plan his land, involved believe that if Columbia County ed in developing plans which balance per- and we hope that this revolving fund will farmers elect to make use of this special manent farmland protection and limited give farmers the extra incentive they need fund,their actions will help the local agricul- development.Monies from the fund,estab- to make a worthwhile investment in the fu- tural industry adapt,diversify and thrive and lished by AFT'and administered through ture of their land and their county." will serve as a model for other farming areas. the local land trust,will help farmers cover Careful farm planning can help ensure "One of our major priorities is protecting the up-front planning costs involved in im- that a core of farmland is kept intact and in farmland and providing assistance to the plementing these plans.Located between the farmer's ownership and can create cash county's farmers who are under severe eco- New York City and Albany along the Hud- flow(from the sale of selected lots)needed nomic strain,"Columbia Land Conservancy son River, Columbia County has seen its for farm improvements,debt reduction or Director Henry Tepper said. "AFT has 3land values skyrocket as growth pressure diversification.By applying a conservation been extremely helpful to Columbia grows stronger. easement upon the farmland left intact,a County in the past,and we look forward to AFT New York Field Representative farmer can also derive income tax benefits using this fund to increase local farmland Chris Braley notes than in areas like Colum- or offset capital gains taxes from land sales. protection alternatives." bia County,farmers often see no option but Such a plan can also reduce estate taxes, For more information on the Columbia to sell their land for development.If sold in decreasing the risk of a forced sale by heirs, County Farmland Planning Revolving bulk, the land is likely to be subdivided and enable young farmers to purchase the Loan Fund,contact Chris Braley at AFT's without regard to its agricultural productivity land at its lower, agricultural value. New York Field Office at(518)427-8357. 18 AMERICAN FARMLAND Summer 1991 AFT UPDATE ' Conference ... Proceedings ____ Iii _ Proceedings from AFT's March confer- ence,"Saving the Land that Feeds Ameri- ca: Conservation in the Nineties;'will be ;. ,r available in the next few weeks. All par- Ot. ii.--, - ticipants will be notified when the publi- 0 i cation is available to order;if you were not able to attend the conference and would like to be on the proceedings mailing list, call or write AFT's Washington Office. :. 1 Prince Joins 3 o AFT's Staff AFT's Special Events Coordinator Margot Wolman-Jabbour displays farm photos at the Farm-City fair. Leaving Colorado's mountains for AFT Teaches Kids the source of their favorite foods.AFT or- Washington's monuments, Bernie Prince ganized a popular booth at the fair which is the newest member of AFT s National About the Source explained the need to protect farmland and Office staff. As Director of Annual Sup- offered a chance to see raw and processed port, she will work to cultivate and solicit of Their for AFT'from foundations,corpor- ations Food farm products up close. For many of the on inner city students who live far from the atis and individual donors.Prince comes to AFT most recently from the Colorado land, the simple equation "potato chips School of Mines,where she served as As- "Look class, here's some cotton;' says come from. . .potatoes" proved difficult. the teacher. "This grows on little sheep:' Many children were quite sure that pota- sociate Director for Major Gifts. She has This is one actual example of the many toes grew on trees! also worked in development with Penn erroneous ideas that American Farmland Like other activities in AFT's expand- State University,where as a consultant on Trust staff members attempted to confront ing public outreach program, AFT's its capital campaign she helped the school while at this year's Connecticut Farm-City exhibit addressed the growing need to edu- raise$352 million.An individual of diverse Fair, an event held each May to educate cafe children on where their food comes interests, Prince has a master s degree in young and old about agriculture. from.For without such information,future Mesoamerican anthropology and a The three-day event brought over 5,000 generations will not only be unable to iden- bachelor s degree in comparative and crea- students, ranging from kindergartners to tify the sources of processed food,but will tive writing. 12th graders,to Mystic Seaport from near- not understand the importance of the land by New London to familiarize them with that produces it. Thanks! AFT Offers of farm ownership and management,while AFT's efforts to improve federal agricul- dividing an esrare equally and keeping taxes tural policy were bolstered by the gener- Guides to Estate low.The brochure also suggests strategies ous contributions pledged by members in to ensure the long-term protection of farm- our recent telemarketing campaign.AFT Planning, PDR land.The brochure is available by writing members enthusiastically supported AFT's or calling AFT's Washington Office. commitment to help implement the land- The second is a short video on purchase mark conservation provisions in the 1990 This fall,AFT will make available two of development rights (PDR) programs, Farm Bill by pledging over$90,000.While new resources to aid farmland protection scheduled for release this September. In- the actions of government are often efforts across the country. terviews with farmer participants on the unpredictable, our members once again The first, a brochure entitled "Your Fast and West Coasts offer a first-hand look proved that they are a solid foundation for Land,Your Legacy:Conservation Choices at the mechanics of this successful tech- AFT's important work.We thank all who in Estate Planning;' outlines farm estate nique.To be placed on the mailing list to lent their support and pledge that we will planning strategies.It explains how a good order the video, write or call AFT's work harder than ever to expand farmers' estate plan can lay out a smooth transition Washington Office. conservation opportunities. AMERICAN FARMLAND Summer 1991 19 AFT UPDATE ff New Expertise for AFT's Board o Directors 40'''''''' — .„ ,,A- 6.4 , ,. ., Noted Pennsylvania dairyman Obie , : _ Snider, Illinois conservationist Elizabeth ` Funk"Betty”Peacock and New York foun- I -, = dation executive Joan K. Davidson have become the newest members of AFT's {` Board of Directors. Snider,a resident of Imler,farms 1,200 acres and has 400 head of registered Hol4.. a - steins in partnership with his son Bruce. Elizabeth Peacock Obie Snider He currently serves on the Bedford County Chamber of Commerce, the Pennsylva- of the Chamber of Commerce Beautifica- nia Milk Promotion and Advisory Corn- tion and Landscaping Committee and is mittee and the Holstein Association responsible for extensive tree planting in Foundation. Graduated from Penn State her community. . with a B.S. in Dairy Husbandry, Mr. Peacock is the fifth generation to manage Snider is an active alumnus and has served part of the original farm acreage of her on the school's Distinguished Alumni great-great-grandfather, who settled in Selection Committee, the Intercollegiate Funk's Grove in 1824. At present, she is Athletics Liaison Board and as chairman developing wildlife habitat on some of her of the Board of Trustees. land which is in the Conservation Reserve Snider has received outstanding young Program using native grasses, shrubs and a farmer awards at the county, state and trees. national levels and has been named Penn- Davidson is president of The J.M. sylvania Dairyman of the Year,a Penn State Kaplan Fund, a private foundation whose Outstanding Dairy Alumnus and a Penn concerns include urban design, historic Joan Davidson State Ag Progress Days Honoree. preservation and land use planning in New Hudson River Greenway.In 1974,she was Peacock is a native of Decatur and has York and natural resources conservation. the Democratic candidate for the New York lived in Lincoln since her marriage to A graduate of Cornell University and the Senate from Manhattans 26th district. Safford Peacock, a retired businessman Bank Street College of Education,David- "Betty, Obie and Joan have all demon- who now manages family interests. A son has served on the board of directors strated long-time commitments to farm- lifelong conservationist, Peacock has of numerous conservation and arts organi- land preservation and conservation,"AFT worked for many years and served as presi- zations, including the National Trust for President Ralph Grossi said."We will great- dent of the Logan County Park and Trails Historic Preservation, The Nature Con- ly benefit from their expertise as we work Foundation, a 400-acre park endowed by servancy, the Natural Resources Defense to expand the conservation opportunities 2,000 acres of farmland.She serves as head Council and the Governor's Council on the available to farmers across the country:' AFT's Work Honored as an Environmental Success Story The American Farmland Trust was one other awardees, selected from 1,200 en- noted Renew America's Index. ) of 77 programs in the United States recent- tries by a council of 28 leading environmen- Receiving the overall achievement award ly named an"environmental success story" tal organizations,will be featured in Renew in the category of agricultural conservation by Renew America, a clearinghouse for America's Environmental Success Index, was the On-Farm Research Design and solutions to environmental problems. a one-of -kind directorywhich aims to in- Demonstration Project of the Practical As part of its annual Environmental spire and facilitate environmental action. Farmers of Iowa,while the AFT-initiated Achievement Awards program, Renew "Through the acquisition of farmland, Sustainable Agricultural Program of the America presented AFT with a Certificate the American Farmland Trust provides sta- Illinois Department of Energy and Natural of Special Merit in the area of conserva- bility to farmers,conserves soil and water Resources will also be listed as one of the tion •of agricultural resources.AFT and the resources and creates valuable greenways," many successful programs in the Index. 20 AMERICAN FARMLAND Summer 1991 AFT UPDATE AFTTrustee of involvement in AFT with service on the where he served as student body president boards of a wide range of commercial,trade in 1940. Chinn dies at 74 and charitable organizations. Chinn "Bob Chinn was a champion of the spe- received both his undergraduate and law cial problems and needs of the family farm- AFT Board Member Robert Chinn, a degrees from Louisiana State University, er,"AFT President Ralph Grossi said."He computer and auto industry executive,died generously gave his valuable time and cor- of a heart attack June 27 while on a trade porate expertise to AFT to guide us mission to Mexico City with Louisiana I through the challenges of our first decade:' Governor Buddy Roemer's Pan American Commission. u 9 AFT MAILBOXresident of Baton Rouge, served as President of Carson-Walker Cor- poration and as Chief Executive Officer of Dear AFT: Robotic Displays Corporation.In 1988 he I am impressed by the vital work the American Farmland retired as President of Control Data Carib- Trust is doing. With the wealth of technology and professional bean Basin, Inc., after a 20- expertise we have at our disposal here in the U.S.A., we can year career with Control Data Corporation be setting an example for the whole world in farming as a senior vice president. Chinn also methods that regenerate the land as well as improve environ- served with the Ford Motor Company for mental quality. We have too long been guilty of exporting 22 years,first working as a labor relations hyped-up benefits of over-development, which ultimately lead attorney and later in manufacturing execu- 1 to so many environmental problems. If we can achieve a tive positions. fr/ healthy sustainable percentage of farmland in this country, Chinn offered his business acumen to we will have a much better chance of withstanding whatever ill effects the Green- AFT as one of its first board members, house Effect may hold in store for us, and through our example we will be help- appointed in 1981. He balanced a decade ing the rest of the world also. Joanne Davis Annandale, VA A Successful Dear AFT: I appreciate your efforts to save Americas farmland. I realize how the farming Campaign methods in the mid to last part of this century have been devastating to the land. Too many chemicals, too much water, and erosion beyond belief. Our waterways AFT extends a hearty thanks to all have been choked with farm runoff. In North Florida we have a seriously critical those federal employees across the nation situation due to farming practices. Our everglades are being destroyed. who selected AFT in the 1990 Combined New methods of farming using less chemicals and such practices as crop rota- Federal Campaign(CFC).Your generous tions and using natural "pest predators" are probably over-simplified alternatives — workplace contributions to date total over but the only ones I know of to begin to change our concepts of farming. Maybe we shouldn't try to squeeze too much out of our land. It seems we are doing this at the expense of our future on this planet. I'm going to keep eating my veggies — good luck with your efforts. An AFT friend in Florida s.R. Dear AFT: Thank you for running Carole Boston Weatherford's `Bringing Home the Fami- ly Farm" in your Spring 1991 issue. It's a remarkably beautiful story, and just what we need. In these tough times for the land conservation movement — tough times for the planet in general — it made me stop and remember to be glad to be a part of it all. Keep up the good work! Susan Clark Communications Director $16,500 in support of AFT"s farmland pro- Vermont Natural Resources Council tection efforts.Thanks for making AFT's Montpelier, VT first year as a CFC participant a produc- tive one! Next year look for AFT as a member of Earth Share(formerly the En- AFT welcomes letters from readers. Please send them to flmerican Farmland Editor, vironmental Federation of America). American Farmland Trust, 1920 N St., NW, Suite 400, Washington, DC 20036. AMERICAN FARMLAND Summer 1991 21 The time is ripe to protect farmland. ' . AW. - . ' i A • • 0 AP G 11111111 ji il ' ,I i r - -.4, 4 . \ c t I ilk i iit . 1 if Support the American Farmland Trust. Non-Profit U.S. POSTAGE PAID American Farmland Tnrst 1920 AT Shmet, .VWSuitt,-/00 Beltsville, MD Washington DC 20036 Permit No.5813 Address correction requested 1 CA Ct T1J fassi la 'A y\ f i.. .i, .... i., . ,., ..„,... .›... . ,ii, ri , /AA° 4•:''' iii y ~ tt `�+., Ip �. +' 01 Con tZt � `Ii.' i `-4.,..1(vV U , � ` ) •• -'' - � Q" czt N � iii 0 CZ Ca' r a cii iiiui OUv u ° cd.2, cip . cu -4-1p b s •y. fl U U U f0 C1 Z N b Q, Q, I 1 Mi- r _ , N z is °' o 0 CI B rn rs- I- a T C LO 6) C m E co en u> f» 7,5 E II-1:10. 'pI 2 Q m O Q V i C y CO a O 0cm sai yDo LL Z o' 6. m os `° c`� c 2 I ch n L Ws V •f6 ( I N a Q) I-- LI- O �, E 0 Q I ?‘.ON N N U1 } N_Nti& N? O O aZZli 9caTUU N O N U m N 'B O�— 03 0 .0 p O � °. 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A general discussion ensued concerning the draft of the proposed County Habitat Protection Ordinance. Highlights from EPTAB members are as follows: A Should have flexibility in determining how much native vegetation should be retained; a fixed amount probably not equitable throughout the entire county. • Environmentally sensitive lands classified into the following categories: (a) Public lands, (b) Environmentally important, (c) At Risk Habitats, (d) All others. • Need buffers around wetlands and other preserved lands. Width of buffers undetermined. • A suggestion to vary the amount of retained vegetation by cost of homes: (a) < $50, 000 = 0, (b) $50 - 100, 000 = 10%, (c) $loo-200, 000 = 20%, (d) >$200, 000 = 30%. A Density bonus of 1 unit /acre for each 10% habitat retention above existing regulation. • In some habitats, before you can develop, have to obtain a certificate stating that habitat is not viable or have plans which show that the habitat is being protected. If not, then County enters into a mutually acceptable agreement with the applicant. If can't come up with a solution after a two year period, then development is allowed to proceed as originally submitted. A A need to tailor USFWS & FGFWFC guidelines to Collier County needs. • Set priorities on different habitats; minimum threshold size for regulation; exemptions = single family, bona fide agriculture?? A Mitigation allowable? When does it come into play? For all environments destroyed? For only those circumstances when develop some or all of the habitat slated for preservation? Should banking be allowed? Encouraged? Is bonding a wise action? • Does County have condemnation authority for environmental purposes? Can tie environmental purposes into public interest, health, safety and welfare purposes? A Should look at the County from a regional perspective. Different criteria apply in each region. A need to tie into and build on the EPTAB efforts of the past several months. A Don't re-invent the wheel - utilize other counties ' ordinances; don't set up another wetland regulatory layer; investigate adoption of other regulations by reference and the applicability of said adoption if the referenced regulation is amended. • Preamble of ordinance very important; need to have facts and data fleshed out in preamble. A Would be handy to have a sheet comparing other county ordinances, noting what has been working and what hasn't. Also a suggestion to furnish EPTAB with a copy of other counties' habitat protection ordinances. 4 . Mr. Means suggested that each member construct a bulleted list of desired criteria for inclusion into the Habitat Protection Ordinance and submit the lists to staff at the next meeting. Staff will take the suggestions and consider them in drafting another version of the ordinance. 5. Glen Simpson stated that henceforth he will formalize meetings. If an item is not on the agenda, and an EPTAB member wishes to add to the agenda, it will take a majority vote (minimum of six votes according to enabling ordinance) to place the item on the table. 6. Glen Simpson introduced an off the agenda item (item #1) for EPTAB consideration which concerned a letter from EPTAB to the BCC requesting information on meeting the timetable set out in the CCME of the GMP. The item was unanimously accepted by vote and the letter was discussed and modified. 7. Glen Simpson introduced item #2 , a letter that Gary Beardsley had written to the DCA concerning the County not meeting the deadlines set in the CCME. EPTAB members wished to read the letter before they voted to place it on the table. Mr. Simpson will poll the membership for the next meeting. 8. Mr. Beardsley handed out two items for EPTAB information. 9. Next meeting date established for 28 October 1991. 10.Meeting adjourned by Simpson at 6: 10 P.M. ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: October 28, 1991 PLACE: Development Services Conference Room C TIME: 4: 00 p.m. I. Call Meeting to Order II. Roll Call III. Approval of Minutes IV. Old Business A. Land Acquisition Ordinance Draft B. Habitat Ordinance Input C. Land Protection Strategy V. New Business A. Meeting dates for November VI. Public Comments VII. Adjournment ENVIRONMENTAL POLICY TECHNICAL ADVISORY Ba714/0.73)117171,4 Minutes of 28 October 1991 Meeting Present: David Addison Gary Beardsley Mike Davis OCT tU 191 David Land David Maehr Tony Pire r,, _ n,i S "17-S Larry Richardson Michael Saadeh Glenn S iod.06 J L David Wilkison ^�"C,.'3''Na Absent: Steve Means Observers: Andrew Eller, USFWS 1. Meeting called to order at 4 : 11 P.M. by Chairman Simpson. 2 . Minutes of October 7, 14, & 16 , 1991 were approved; minutes of the 16th will be amended by the addition of an asterisk or other such notation to show who among the attendees are EPTAB members. 3 . Glenn Simpson asked to bring up and add to Old business a discussion of the American Farmland Trust (AFT) meeting and recent workshop in Dade County. EPTAB approved the addition. During discussion, it was revealed that AFT estimated that for every dollar of taxes received from agricultural lands, government must spend from $0. 11 to $0. 36 to service those lands; for every dollar of taxes received from residential developed lands, government must spend $1.26 to $1. 36 to service those lands. A suggestion to contact Wayne Daltry of the RPC to request hard figures on the added cost which growth imposes on government. Also a suggestion to invite Daltry to address the EPTAB, preferably during the middle of November. Simpson noted the differences in intent of agricultural interests in Dade, Lee, and Collier Counties. He stated that much of the activity in Dade and Lee are performed by lessees, with ownership of the land being held by absentee landlords who are likely biding time until they develop the land. In Collier, by contrast, much of the land is "farmed" by owners, who intend to continue "farming" . Simpson read a letter from AFT concerning the meeting of 16 October 1991 which also included a request asking him to , write AFT requesting their assistance in Collier County. After much discussion, Mr. Pires moved that a letter be sent to AFT with copies to the BCC, which suggested that AFT was an important presence in Florida and could be of help in Collier County. Mr. Wilkison seconded the motion. The letter will be drafted and brought back to EPTAB for their review before it is transmitted. 4 . Any EPTAB members who had comments on the Habitat Protection Ordinance Draft handed them in. Mr. Simpson noted that in reviewing the area map, he had noticed several omissions in the draft and he would elaborate after the map was completed. 5. Mr. Lorenz circulated a notebook which contained a compilation of related rules and regulations of other Florida counties. 6. Mr. Lorenz then began a review of the draft Land Acquisition Ordinance. He suggested that it be examined page by page and line by line and that EPTAB should suggest changes as they go along. Changes were suggested through page 5. It was decided that EPTAB would continue with the review on 11/1/91, 4 : 00 p.m. at the Vineyards Conference Room. 7 . Future meetings were as established as follows: November 1, 1991, 4 : 00 p.m. Vineyards Conference Room (Land Acquisition Ordinance with presentation of maps) November 12, 1991, 4 : 00 p.m. Development Services Conference Room C (Land Acquisition Ordinance with approval of maps) November 18, 1991, 4 : 00 p.m. Development Services Conference Room C (Pre-BCC meeting for Land Acquisition Program) November 25, 1991, 4 : 00 p.m. Development Services Conference Room C (Habitat Protection Ordinance) ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD Minutes of 18 October 1991 Meeting Present: Addison, Beardsley, Land, Maehr, Means, Pires, Richardson, Simpson, Wilkison Absent: Davis, Saadeh Observers: Valerie Boyd, CREW; Ed Carlson, National Audubon; Virginia B. Corkran, LWVCC; Eric Draper, Nature Conservancy; Debbie Keller, Nature Conservancy; Lee Treadwell, Barron Collier Co. ; Vickie Vaughn, CREW; 1. Meeting called to order at 4 : 09 P.M. by Chairman Simpson. 2 . Minutes of the 12 November 1991 meeting were distributed and action was postponed until the meeting of 25 November. 3 . Bill Lorenz presented a recap of the entire process scheduled for the BCC meeting on the 19 Nov. A. Requesting that BCC place a question on the March ballot subject to review by the CAO. B. EPTAB will ask that the CAO be asked by the BCC to bring the ordinance before the BCC during the first week of Dec. C. Target to adopt the ordinance will be set for mid-Jan 92 . 4 . Eric Draper was asked to explain the results of his poll. He polled 400 registered voters in the county and found that a "good majority" stated they would support the issue at the ballot box. 5. Glen Simpson then explained the maps that would be used to explain the situation to the BCC. I LEFT MEETING AT THIS POINT ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF OCTOBER 16, 1991 Present: David Land David Addison Bill Branan Andrew Eller Betty Gulacsik Ginger Westman Gary Beardsley Bill Lorenz Tim Eckert Valerie Boyd Craig Evans Jim Riggle Larry Richardson David Wilkison Glenn Simpson Vickie Vaughn Absent: David Maehr Steve Means Tony Pires Mike Davis Michael Saadeh 1. Meeting called to order at approximately 12 : 00 p.m. by Chairman Glenn Simpson. This is a special meeting held at The Conservancy, Inc. called to hear a presentation by representatives of the American Farmland Trust. 2 . The presentation was made by Jim Riggle and Craig Evans of the American Farmland Trust. The presentation included the need for preserving farmland, its relation to natural resource protection, the techniques of preservation and services provided by the American Farmland Trust/ 3 . Due to the special nature of the meeting, no formal actions were discussed or taken. 4 . Meeting adjourned at approximately 2 : 15 p.m. WDL:pc ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD Minutes of 01 November 1991 Meeting Present: David Land David Maehr Gary Beardsley Michael Saadeh Absent: Glenn Simpson Mike Davis David Addison David Wilkison Larry Richardson Steve Means Tony Pires No quorum but individual members provided Bill Lorenz with comments on the October 15 draft. A major change was suggested that would result in specifying procedures for developing the priorities for the acquisition property list. WDL:pc rre-T \ vw ,:qq d } PRESS RELEASE The Land Acquisition sub-committee of the Environmental Policy Technical Advisory Board will be meeting on Thursday, October 31st at 1: 30 at the Conservancy, 1450 Merrihue Dr. , Naples, Florida. PRESS RELEASE The Environmental Policy Technical Advisory Board will be meeting on the following dates: Friday, November 1st at 4 : 00 p.m. at the Vineyards, 400 Vineyards Blvd. , Naples, Florida Tuesday, November 12th at 4 : 00 p.m. , Conference Room C, Development Services, 2800 Horseshoe Dr. , Naples, Fla. Monday, November 18th at 4 : 00 p.m. , Conference Room C, Development Services, 2800 Horseshoe Dr. , Naples, Fla. Monday, November 25th at 4 : 00 p.m. , Conference Room C, Development Services, 2800 Horseshoe Dr. , Naples, Fla. ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: November 12, 1991 PLACE: Conference Room C - Development Services TIME: 4 : 00 p.m. I. Call Meeting to Order II. Roll Call III. Approval of Minutes IV. Old Business A. Land Acquisition Ordinance with approval of maps V. New Business VI. Public Comments VII. Adjournment ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD Minutes of 12 November 1991 Meeting Present: David Addison Gary Beardsley Mike Davis Steve Means Tony Pires Larry Richardson Michael Saadeh Glenn Simpson Absent: David Land David Maehr David Wilkison Observers: Valerie Boyd, CREW Virginia B. Corkran, LWVCC; Vickie Vaughn, CREW Charlotte B. Westman, LWVCC 1. Meeting called to order at 4 : 14 P.M. by Chairman Simpson. 2 . Simpson announced that Wayne Daltry of the RPC will make a presentation to EPTAB on December 9, 1991 at 1: 00 P. M. at the Vineyards Country Club on what the area will look like in the year 2010 and the added cost which growth imposes on government. 3 . Stuart Santos handed out two items: 1) Matrix of other Florida counties' rules and regulations concerning habitat protection; 2) a proposed methodology for inclusion into the habitat protection ordinance for evaluating habitats. Santos requested that it be discussed at the first scheduled meeting following the meeting of the 18 November. 4 . Bill Lorenz asked EPTAB to review the executive summary for the BCC meeting whereby the BCC will be asked to put the Land Acquisition question on the March 1992 ballot. He explained that he would attach two items: 1) Maps and descriptive narratives of the general areas designated by EPTAB for acquisition (fee simple or select property use rights) ; 2) a draft copy of the Land Acquisition Ordinance. EPTAB made several suggestions which Lorenz will incorporate into the executive summary. 5. Simpson suggested that each sheet contain a list of appropriate land uses a recommended means of primary acquisition (fee simple or select property use rights) . 6. Simpson then displayed the latest set of maps and explained them. He restated the two approaches for acquisition, fee simple purchase and purchase of select property rights. He also stated the main criteria used to identify the lands chosen for acquisition, importance to: 1) Surface Water Management; 2) Ground Water Recharge directly or potentially by allowing water to be conveyed to areas of recharge; 3) Habitat Value. He proposed that EPTAB recommend that funds be allocated in the following manner: 20% of funds not to exceed (NTE) $10, 000, 000 for CREW lands; 20% NTE $10, 000, 000 for the Belle Mead area; 20% NTE $10, 000, 000 for the Rookery Bay area; 20% NTE $10, 000, 000 for several small areas, Vanderbilt Scrub, -1- Immokalee Scrub, Cape Romano outparcels; and 20% NTE $10, 000, 000 for the Gordon River Corridor. He explained that the poll taken by Eric Draper reflected a fifty million dollar initiative. In addition to acquisition, Simpson stated that several important areas would benefit from increased regulation. This should be accomplished by the Habitat Protection Ordinance. He stated that in many cases, more than 25% should be preserved, in others less than 25% may be appropriate. 7. A brief discussion ensued concerning whether monies could be spent in the City of Naples. It was determined that the city residents would contribute in a county-wide tax and that monies should be spent there. 8. Another brief discussion centered on whether the March date would be a good one since a number of other issues may end up on the ballot, all requesting that people tax themselves for some worthy cause or another. Associated with this, a discussion as to how the public would "look at" the map. There was not a strong sentiment to "lock on to" the map. It was decided to put the question to a vote. David Addison moved that EPTAB present the plan as explained by Simpson to the BCC on the 19th, excluding the portion concerning the partitioning of funding into the five above-mentioned areas. The motion was seconded by Davis. After much discussion, the motion was clarified to read that the maps of the proposed areas would serve only as a guideline or baseline to identify environmentally sensitive lands to focus on to justify a referendum concerning acquisition. The maps would be fine-tuned as the process progressed. The clarifications were accepted by Addison and Davis and the motion passed unanimously. 9. Simpson posed the question of how to present the case to the public. Need a methodology for spending money. Brief discussion brought forth the ideas that perhaps the selection committee could have a 5% leeway and anything over that would have to be BCC approved; maybe separate by coastal vs. inland? Simpson requested that Lorenz promulgate a methodology for the BCC presentation. 10. Valerie Boyd made a presentation on her discussion with Eric Draper concerning the referendum. He feels it will pass. He will be here for the EPTAB meeting on the 18th and for the BCC meeting on the 19th. The poll showed that the Children's Services and Land Acquisition questions could go on the same ballot without taking away from each other. -2- 11. A second discussion as to whether it was appropriate to put on the BCC agenda on the 19th without allowing more public input. It was decided that the executive summary would call for public workshops if the BCC decides to place it on the ballot. 12 . Means moved to adjourn at 6: 05 P.M. , seconded by Davis. -3- ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: November 25, 1991 PLACE: Conference Room C - Development Services TIME: 4 : 00 p.m. I. Call Meeting to Order II. Roll Call III. Approval of Minutes IV. Old Business A. Habitat Protection Ordinance ) B. Land Acquisition V. New Business VI. Public Comments VII. Adjournment ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD Minutes of 25 November 1991 Meeting Present: David Addison Gary Beardsley Mike Davis David Land David Maehr Glenn Simpson David Wilkison Absent: Steve Means Tony Pires Larry Richardson Michael Saadeh Observers: I. Barnett, CCNRD; B. Burgeson, CCPRS ; E. Carlson, Natl . Audubon; V. Corkran, CCLWV & The Conservancy; G. Lytton, FDNR; C. Owen, CCNRD; K. Polen, CCPRS; B. Prynoski, CCPRS; F. Reischl, CCPRS. 1. As of 4 : 20, there was no quorum, but Vice Chairman Maehr called the meeting to order, and asked Dave. Addison to give a recap of last week's BCC meeting regarding the land acquisition presentation. Dave. Addison's discussion included the general sentiment of the BCC (i.e. , they were uncomfortable with the idea, the whole thing had been done too fast, they did little/no review and/or were largely uninformed) , and errors/discrepancies the BCC noted in acreages of target areas for acquisition. David Maehr noted that the BCC encouraged the continued effort of the acquisition goal/process. At 4 : 35, Chairman Simpson arrived, a quorum was reached, and the Vice-Chairman turned the meeting over to the Chairman. 2 . The minutes of 18 November 1991 were approved, with the following amendments: (a) the addition of M. Saadeh's name to the "absent" list; and (b) the addition of " (2 : 1) " after " 'good majority' " in paragraph "4. " 3 . Chairman Simpson stated that board members M. Davis and L. Richardson had contacted him, stating that they were unable to attend today's meeting. (Note: Davis later arrived at 5: 30) . 4 . Chairman Simpson informed EPTAB that he had spoken to the County Manager and Commissioners Volpe and Saunders today, and would be speaking to Commissioner Shanahan tomorrow, regarding their feelings concerning acquisition. He said that the BCC's motion was not to stop the acquisition program, but to go forth; also, a response from EPTAB was needed. Chairman Simpson also stated the need to place this item on the appropriate ballot, where it would have the best chance of being passed. He also stated the need to revise information regarding the acquisition program, in order to -1- • present it in a persuasive format, not purely informative (i.e. , the public should be able to decide "why should I spend $$ to protect these areas?") . David Land stated at this point that he thought the intent was to educate the public prior to the March referendum, but that now it would be necessary to educate them before acquisition could even get onto a future ballot. Chairman Simpson said that his feeling (from talking to the BCC) was that the BCC, by placing this item on the March ballot, would be perceived as supporting the referendum (even if it was to let the people decide) ; they would thus be viewed by the public as being "pro tax" . 5. A discussion ensued regarding CREW, primarily regarding if it should it be split off from the rest of the acquisition effort. Gary Beardsley pointed out that we need the "overall package" (i.e. , how to deal with the habitats in Collier County. David Maehr was concerned that if CREW was separated and acquired, then the voters would then think they had done enough. David Land said we should go with a comprehensive approach, "win or lose" (he felt that CREW was not as important as some of the other lands targeted for acquisition) ; only if we lost, would we then make the determination to go with CREW alone. 6. Glenn Simpson said he had a call in to Carol Browner (FDER) regarding the intent of her comments from a previous discussion (if the County was saying they didn't support the program) ; he wants to assure her that Collier County is not shirking its responsibilities. David Addison stated at this point that her (Browner's) intent had been that if there were no matching funds from Collier County, the state wouldn't provide money for CREW. Gary Beardsley said that many perceive the BCC as not committing the money needed for CREW. Ed Carlson stated that CREW definitely had the name recognition, but not to take the "CREW or nothing" approach unless absolutely desperate. 7 . A motion was made by David Land: "with respect to a referendum for purchases of environmentally important lands in County, we move forward, CREW jointly with other properties or not at all" (don't split off CREW & then later have another referendum for the other lands) ; Glenn Simpson then stated "for purposes of going to referendum, this board supports maintaining same properties as a whole, and is not in favor of splitting off any parcels" . This motion was seconded and unanimously approved. 8. David Maehr read a draft letter to the BCC that he had composed, regarding their decision and motion made at last -2- week's hearing, which was slightly amended by David Land and Gary Beardsley re: "On behalf of EPTAB, we appreciate the BCC' s support for the proposed Collier County Land Acquisition Program we look forward to providing you with a detailed plan for land acquisition as well as other ordinances etc. David Land warned not to convey to the BCC the vote that they just passed (that this would be a county-wide program, not just CREW) . Glenn Simpson didn't think CREW would be split off. He thought that this letter to the BCC was a good idea, to thank the BCC for their vote and support, and to let them know that EPTAB wishes to proceed and go forth, etc. Gary Beardsley stated the need to include in this letter that EPTAB will continue to move forward on the GOP's, and everyone agreed. 9. Chairman Simpson then stated that there were 3 things that EPTAB needed to do: (a) clarify lands and reasoning (salesmanship, be persuasive, include "why" , not just "what" , be the wordsmiths for the general public) ; David Addison suggested informational brochures; (b) despite all the work done to come up with map of proposed acquisition areas, the project is perceived as a "wish list" (we need to come up with " it was X%, it is now X%, and we propose to protect X%" type of information) ; and (c) need to clarify acquisition procedures, provide detailed information, clarify intent. Gary Beardsley gave his opinion that EPTAB's focus was too narrow and should be focused on the comp plan; a discussion ensued. 10. Bill Lorenz gave a summary of the overall concept and strategy behind the habitat protection ordinance (see attached diagram) . An important aspect of this would be that the County would meet with the applicant, prior to any development activity, and would then specify the desired preservation area(s) and percentages. A general discussion of the "criteria for inland habitat evaluation" ensued; highlights included: - we can't go by % alone; we have to consider function; - it was noted that landscaping is commonly used as all or part of the 25% preservation requirement (CCME) ; - the need to clarify that we're not saying no development, or demanding a very large % (taking) ; we're simply saying where we want the preserve to be; - different % preservation in different areas of County may be appropriate (wilderness, urban, ag, etc. ) ; - input from Fred Reischl on pre-development procedures; -3- - idea for dividing County into zones, with some overlap, e.g. corridor, aesthetic, critical wildlife, water protection, water management, landscape, existing habitat (David Land) ; - the need to connect urban preserve areas; - general review and comments on different criteria (for ranking different habitats on a site) ; - how much is too much? what should we base our X% preservation requirement on? - at what point does X% become a taking? - this X% will be recommended by NRD and approved by EPTAB; - the need to incorporate the 60% open space requirement (discuss with Long Range Planning) . 12 . Chairman Simpson reminded everyone that the next meeting of EPTAB will be held on 9 December at 1: 00 P.M. at the Vineyards; Wayne Daltry will be speaking. 13 . David Land asked that everyone get their comments on "criteria for inland habitat evaluation" to NRD ASAP. 14 . A motion was made (Land) to approve David Maehr's letter to the BCC (see "8. " above) , as modified by EPTAB members, to be signed by Chairman Simpson; this was seconded and approved unanimously. 15. EPTAB will be meeting on 16 December, during which time staff will walk through development scenarios, using evaluation criteria on projects involving 25% and 50% preservation of total project area. 16. The meeting was adjourned at 6:30 P.M. -4- --.:::- _ ---_--- Z / 2 D Q �A J 09 50 1" Pc4.- 4 a. 0 r ,.. -- \7_44' 2 1fl (5 ,. i 2 J c*, cl , 0 (4,-7 , i-----„, 'D ________ 1 LI) ,_,) _0 -----------7 Pli: d 09. A- Pg 7 Y ‹ I c ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: Monday, December 16, 1991 PLACE: Conference Room C - Development Services TIME: 4 : 00 p.m. I. Call Meeting to Order II. Roll Call III. Approval of Minutes IV. Old Business A. Habitat Protection Ordinance V. New Business A. Growth Management Plan Amendments/Coastal Barrier Management Plan VI. Public Comments VII. Adjournment i a r gz i� t ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD Minutes of 16 December 1991 Meeting Present: Gary Beardsley Mike Davis David Land 'A Larry Richardson Glenn Simpson David Wilkison ' ' `'"E�`` ` Absent: David Addison David Maehr Steve Means Tony Pires (excused) Michael Saadeh (excused) Observers: Alvin Anderson, Ilene Barnett, NRD, Barbara Burgeson, PRS, Virginia B. Corkran, LWVCC, Kevin Dugan, NRD, Maura Kraus, NRD, Catherine Owen, NRD, Kimberly Polan, PRS, F. Reischl, PRS. 1. Meeting called to order at 4 : 09 P.M. by Chairman Simpson. 2. Minutes of the 12 November 1991 meeting were distributed and action was postponed until the meeting of 6 December because a quorum was not present at that time. 3. A discussion of the habitat evaluation criteria ensued. NRD staff presented two cases and demonstrated how the system would work and what areas would be preserved. Staff then showed how the actual development was approved. Items that were placed on the table concerning the criteria: A. Need to know how much of each type of habitat was present originally; how much remains; how much of the remaining exists on publicly owned lands. B. Investigate quantifying the measures included in SECTION II, Functions. Also eliminate recreational value. C. Investigate a sliding scale for percentage of habitat required to be retained. D. Investigate a weighting factor for criteria. E. Evaluate the species included in a "Review Zone" application. F. Give each habitat a score for each listed species. 4. Simpson requested an update on the NRD progress towards the obligations in the GMP. He appointed a subcommittee of Gary Beardsley and himself to monitor progress and assist the NRD where needed. 5. Meeting dates were set for 6 January and 20 January 1992 . 6. Stuart Santos handed out three documents for: -1- A. A copy of the proposed amendments to the Growth Management Plan. (Note that date in Objective 2 . 5 should read March 31, 1994) [FOR EPTAB COMMENT] B. A copy of the latest version of the Recommendations Section of the Coastal Zone Management Plan - 1991, which has been returned to the County Attorney's Office. [FOR EPTAB INFORMATION PURPOSES ONLY] C. A copy of a draft Coastal Zone Habitat Protection Ordinance which has been derived from the CZMP-1991. [FOR EPTAB COMMENT] 7. MEETING ADJOURNED AT 6: 07 P.M. -2- • 8 . Next meeting scheduled for 27 January 1992 at Development Services. 9 . Meeting was adjourned at 6: 02 P.M. EPTAB MEETING: 12/9/91 LOCATION: The Vineyards SPEAKER: Wayne Daltry, Director of SWFRPC -SWFRPC district includes Sarasota, Charlotte, Lee, Hendry, Collier, and Glades counties (6600 sq. mi. ) -1991: 950, 000 population; region is of relatively good quality -13 cities, 6 BCCs -Growth Management Act of 1984-1985 -1970s: found need to protect SW Florida areas -70, 000 people in 1950; only about 13 , 000 of these same people still here. -Tourism, retirement, construction: 3 major industries that economy was based on in 1980s -1987 : 1. 1 million platted lots: subdivisions -700, 000 vacant, owned lots -Average 2 .4 people per household = 1. 8 million people with future households in region -est. 3 , 000, 000 people by 2010s (1.4 million by 2000; 2 . 1 million by 2010) -urban strip from N. Charlotte (Palmetto) to Marco; 170 miles in length -4 categories of issues RPC must consider: -environmental -infrastructure -economic -social Environmental: -1970s: coastal resource protection -1/3 of region in preserve lands; 1.2 million acres in existing & future preserves (map) -existing and future water reservoirs only will be in preserves -est. 500 sq. miles needed for water reservoir (3 aquifers) -comparison to SE Fla. : 3 million people in Dade & Broward Cos. ; 1600 sq. mi. , 1 aquifer -Air quality problem growing---CARS--Lee Co. was close to being a non-attainment area in 1989 for air quality due to auto congestion problems -will hurt tourism and retirement industries Infrastructure: -est. need 3 more north/south roads to be as "bad" as SE coast of Fl. , which has 3 million people; we have 2 - U. S. 41 (slow in many areas) & I-75 -these extra N/S roads are not planned for at all in GMPs; est. cost @ $3 billion -infrastructure for 3 million people: need 2 more prisons (have 2 now) , power plants (need 2 more) -Alico is probable site of new university Economic: -Economic base will change with > population: no area with 3 million people has tourism, retirement and construction as major economic base -construction decreases: impact fees % < -need to tax part of economy that will take place of construction--what will that be? Social: -baby boomer communities in SW Fla. - 97% of housing built after 1950 -social services--county budgets for these will need to > with > populations -maintenance costs > -issues of crime and diseases > -no slums now because new communities--cause slums by either deferring maintenance or by running roads thru urban areas -all our comp plans do this, so we will probably be creating slum areas in future. -no common consensus of what we want to do because we're all from somewhere else--for every 2 people that come into region, 1 leaves (1980, 550, 000 people; 1/2 of them no longer here) -social services keep climbing as pop. > -major expense of budget in regions with 3 million population -Cape Coral has 80, 000 people--most populous city in region, and did not even exist before 1955; they hope to cap it @ 350, 000. -we have a high quality environment compared to other areas -we need to put future facilities in place NOW; the 1990s is our threshold decade -need to create a sense of community -our economy is based on growth - the info from this talk will be available in next few weeks; County will get a copy of this Regional Plan EPTAB MEETING: 1/6/92 REVIEW OF MONROE COUNTY HABITAT PROTECTION POLICIES REVIEW OF PROPOSED HABITAT EVALUATION CRITERIA Overview of Monroe County approach: -Criteria to determine what type of habitat(s) are on a site: -By definition and plant lists -Pinewoods: high or low value by evaluation criteria -High and low hammocks: high, medium or low value by evaluation criteria -Once each habitat type is delineated on a site, a certain percentage of each is preserved, according to Section 9-809: Open Space Requirements (O. S.R. ) , pp. 201-202 . -The quality of the habitats are evaluated only for pinewoods and hammocks to determine % of preservation area required (O. S.R. ) -All other habitat types have fixed preservation requirements. -Section 9-809 (p. 201) : Open Space means area will not be cleared, there will be no disturbance of any vegetation, and the area must be maintained in its natural condition; similar to what we will require (preservation area requirements) . -example: 80% OSR for high quality hammock; 40% for low quality hammock; 20% for disturbed areas. -Definition for "disturbed" : very broad; room for conflicts. Especially seems to conflict with descriptions for low quality hammocks and pinewoods. Other Monroe County considerations, not in Habitat Protection Section: -Monroe County "Land Authority" buys land made undevelopable due to environmental rules, where possible. -It is written into the code that Environmental Design Criteria cannot be granted variances by the BCC. -A cap on growth by addressing hurricane evacuation problems; not in habitat protection section. -The Florida Keys are entirely within an ACSC, so that these habitat protection rules are written as per DCA. In Collier County, the ACSC (Big Cypress) area is addressed in the ST Division of the LDC. It allows only 10% of the site to be altered, with no more that 50% of this as non-permeable surfaces. Comparison of Monroe County and CCNRD proposed approaches: Monroe: CCNRD: -% preservation required for -Fixed % preservation area each habitat type on a site per site, with method to choose best area habitat(s) -Problem with fragmentation -Should help reduce fragmentation of habitats due to method problems -Loose definition for -Stricter def. for "native "disturbed" habitats" ; may get greater % preservation in some cases -Assures very high -May get just as high % of high pres. of high quality quality habitat: i.e. a project native habitat: 80-100% site with a very high quality habitat within it may preserve 100% of that habitat, with development clustered elsewhere on the site. Depends on % pres. required, and specifics of the site CRITERIA FOR HABITAT EVALUATION: -Monroe County only evaluates for pinewoods and hammoc but ome criteria we may want to add. -Sections 9-805A (pp. 189-191) , 9-806A (pp. 194-195) , and 9-808 ' (pp. 198-199) gives applicant list of information required; similar to our EIS requirements, but expanded. The table below addresses evaluation criteria that are located in the MonrojCounty Plan (HH = high hammock, LH = low hammock, PL = pinelands, CC = Collier County proposed criteria) . Criterion: HH LH PL CC 1. mean DBH of 10 largest trees of selected spp. + - - - 2 . mean soil humus layer + - - - 3 . # woody plant spp. + + - - 4 . # listed plant spp. + + + - 5. abundance of listed plant spp. (per acre) + + + - 6. # exotic nuisance plant spp. + + + - 7. abundance of exotic vegetation - + + + - 8. Listed animal spp. + + + + 9. Extent of disturbance, altered substrate + + + " 10. Size in acres of habitat + + + + 11. % of perimeter abutting scar/dev. land + + + 12 . % covered with soil humus - + - - 13 . size of contiguous hab. of which subject hab. is a part - - + - 14 . Existing structures in contiguous hab. - - + - -The Collier County plan also includes considerations for rarity, functions and values, and location with regard to proximity to corridors and other natural areas. -Items in the Monroe County plan not in the CC plan that may be appropriate to include are items 4 , 5, 7, and 11. -With regard to #9 above, the Monroe County criterion is more specific. We may consider modifying our item VII. Condition. -With regard to #11 above, it is similar to items V. and VI. , but considers proximity to disturbed lands, whereas ours considers proximity to natural high-value areas. We may consider adding � c176 -t-- hat consideration to our criteria as well: �� `r``' 4s*, "� ( 1 �YY\s�t . , cl`QP PROPOSED CHANGES At PER PREVIOUS EPTAB MEETING Preservation Standards: -Add to end of evaluation criteria: Where a project has included preservation of habitat required by State, Regional, and/or Federal agencies that exceeds X%, this policy shall not be construed to require a larger percentage of preservation area to meet the X% habitat preservation policy. This policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than X% of the site (modified from 3 .9. 5. 5. 3 : Vegetation Removal, Protection, and Preservation ordinance in the LDC) . -Create a "Required Information" section in front of the evaluation section: The number of acres of native habitat on the site shall be submitted to calculate the total acreage required for preservation. -In this section, also consider Monroe County section 9-805, which includes a list of required information from the applicant for habitat evaluation analysis. -Proposed Criteria Changes: -I. Rarity: give a value of 6 points to xeric scrub -II. Delete recreational value and aesthetics/natural amenities. Research an expanded list of function and values. -III.Listed species: A. 4 points for each listed species confirmed on site. C. Statements-in-A-ane -B-are-met-true--btt-tThe delineated habitat falls within the primary zone of one or more listed species, and: 1. that habitat is appropriate to support that species, or, 2 . disturbance of that habitat will endanger that species. -More staff time allocated to research critical minimum areas for certain species (i. e. gopher tortoise) . -V. Corridors, and VI . Location should be combined, with V. A. = 6 points, V. B. eliminated, and VI. A-D becoming V. B-E. e ENVIRONMENTAL POLICY TECHNICAL ADVISORYIV6A4p: Minutes of 6 JanuaryMeeting 1992 3 :�,� . • Present: Gary Beardsley Mike Davis David Land"-,ii,7,:a`r David Maehr Steve Means Tony Pires Glenn Simpson David Wilkison Absent: David Addison Larry Richardson (excused) Michael Saadeh Observers: Ilene Barnett, Natural Resources Department Virginia B. Corkran, League of Women Voters of Collier County Tony Polizos, Soil Conservation Service Larry Banwart, Soil Conservation Service. 1. Meeting called to order at 4 : 17 P.M. by Chairman Simpson; however, a quorum was not present. 2 . Minutes of the 14 December 1991 meeting were discussed. At that time, a quorum was achieved and the minutes were approved. 3 . Chairman Simpson requested that two items be added to the agenda: 1) Brief report by Tony Polizos on Soil Conservation Service (SCS) activities; 2) two subcommittee reports by G. Beardsley. Both items were approved by EPTAB for inclusion on the agenda. 4 . Ilene Barnett presented a brief overview of the Monroe County Habitat Protection Ordinance and compared and contrasted it to the NRD Proposal . A brief discussion ensued and the need for the Inland Habitat Protection Ordinance subcommittee to work closely with staff was reiterated. A meeting of the IHPO Subcommittee was scheduled for 14 January 1992 at 3 : 00 P.M. on the first floor of Building F, Room 112 . 5. Simpson led a discussion on member attendance and criteria for dismissal because of lack of attendance. EPTAB determined that Simpson, as Chair, would counsel any member whose attendance becomes a problem. If the counseling does not resolve the problem, the issue will be brought before EPTAB for them to make a recommendation to the BCC. 6. Tony Polizos gave a brief presentation/overview of SCS capabilities and service to anyone in Collier County who requests them. 7 . G. Beardsley presented two subcommittee reports: 1) Inland Habitat Protection and 2) Utilization of early EPTAB efforts of identifying lands for acquisition for satisfying NRPA GMP requirements. During discussion, it was decided that the subcommittee on Inland Habitat Protection Ordinance should also advise on the Coastal Habitat Protection Ordinance. 3,S aN 23 2992 NATURAL REsoulmfR f 1/' NAcEi!%3!._}'t ENVIRONMENTAL POLICY TECHNICAL ADVISORY BURRO SUBCOMMITTEE: Habitat Ordinance General Minutes of the January 14th, 1992 Meeting Present: Gary Beardsley Steve Means David Wiikison Absent: Tony Pires Staff Present: Ilene Barnett (NRD), Kevin Dugan (NRD), Bill Lorentz (NRD), Maura Kraus (NRD), DR. Stuart Santos (NRD) 1 . The meeting was called to order at 3:25 P. M. 2. Dr. Santos noted that meeting notes need to be taken. Gary volunteered to take them. 3. There was some discussion regarding the boundary of the coastal zone. U. S. 41 was identified as the upland boundary. 4. It was stated by NRD Staff that the Coastal Zone was being treated as a Natural Resource Protection Rrea (NRPR). 5. Dr. Santos emphasized that he and NRD Staff wanted the EPTRB to look at all habitat types both in and outside of the Coastal Zone during their review. 6. Ranking habitats will, for a given site under review, first consider all identified habitats on the parcel. 7. The NRD has now received the Coastal Zone Mgnt. Plan back from Legal review. S. EPTRB is to look at (review) the Coastal Zone Ordinance before it is scheduled to go to the county attorney for its legal review. 9. Bill Lorentz noted that the NRD considers that the "Habitat evaluation and I. D. process" would consist of: a.) Landowner would conduct a field evaluation using the ranking criteria, this prior to staff review. b.) During the pre-application meeting staff would evaluate the site and determine the "ideal" location, size and -page 1 of THREE configuration of habitat to be set aside, preserved on the site. note-The Board of County Commissioners would make the final dicision as to ertactty what over-all "percent" would be set aside. c.) The applicant would then move through the county review process. 10. Steve and David suggested that the applicants team of consultants would, prior to the pre-application meeting with staff, in all likelyhood, have already considered an appropriate design for the site under review. All agreed that the "process" was important and not that the staff had to first review the site plan without development features. 11 . Both David and Steve believed that the development community would look favorably on a set of clearly defined criteria for evaluating and ranking habitats. 12. Ilene noted that NRD Staff, during their review and early analysis of the draft habitat criteria ranking, determined that the Monroe County Plan resulted in too much fragmentation of on-site habitats. NRD believed it was important, biologically, to preserve blocks of contiguous habitat (if possible). 13. There was discussion regarding whether identified lands set aside to meet the "H%" requirement would be under the protected status in perpetuity. David and Steve suggested that if the functional value of the habitat was lost it might be reconsidered for development. Staff felt was in perpetuity. 14. Discussions then centered around the timing of filing the Conservation Easement document as well as how this overlay would show up in the county record system. fill agreed that it was important that the status of the land be easily eHhibited to and available to the public. 15. Gary asked if a representative from the Community Development Services Staff could attend the subcommittee's meeting as their -page 2 of THREE- input was critical to any program developed by NRD and EPTRB. Barbara Prynoski, in a conversation with Gary, had indicated she would be able to schedule someone to attend as long as she received sufficient prior notice of meeting dates. 16. NRD Staff informed the Subcommittee that it was presently developing a third draft of the Habitat Criteria Ranking System and would incorporate suggestions made today. This draft would also include an introductory, data requirement section. Staff would review the E. I. S. to see how it might be incorporated. This draft would be ready for review and discussion at the neHt Subcommittee meeting scheduled for January 28th. 17. It was suggested that the subcommittee might meet at a location convienent to Staff. Dr. Santos said he would identify a location for the January 28th meeting. 18. Dr. Santos stated that the considerationsladgenda for the neHt scheduled subcommitte meeting would be: I. Coastal Zone Habitat Protection II. Habitat ranking criteria 19. The meeting adjourned at approximately 5:30 P. M. / -14CA: -page 3 of THREE- areas? i.e. Agricultural , Urban, Estates. In conjunction with this discussion, Natural Resource Protection Areas were introduced. Simpson asked the Environmental Technical Committee to identify the NRPAs. From the general discussion, the basic question that remains to be answered is, "How to implement the NRPAs?" 6. Tony Polizos gave a brief presentation/overview of SCS capabilities and service. Larry Banwart showed some products of the SCS GIS system. A suggestion was made to have EPTAB visit the SCS facility in Immokalee and observe the system in use. 7 . David Land noted that Stuart Santos was leaving County employment and he suggested that Stuart be commended for his service to EPTAB. A motion was made to that effect, seconded and unanimously approved. David will draft the resolution. 8 . Next month' s meetings are scheduled for 10 and 24 February 1992 at Development Services. Chairman Simpson called for committee reports for the meeting of the tenth: Environmental Technical Committee and Habitat Protection Committee. 9. Meeting was adjourned at 6: 07 P.M. ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD Minutes of 27 January 1992 Meeting Present: Dave Addison Gary Beardsley David Land David Maehr Steve Means Tony Pires Mike Saadeh Glenn Simpson Larry Richardson Absent: Mike Davis (excused) , David Wilkison (excused) Observers: Tony Polizos, Soil Conservation Service Larry Banwart, Soil Conservation Service Kimberly Polen, Collier County Project Review Services Fred Reischl, Collier County Project Review Services, Barbara Prynoski, Collier County Project Review Services 1. Due to a mix up in meeting rooms, the meeting was called to order at by Chairman Simpson in Conference Room A; however, Mr. Saadeh, staff, and SCS representatives were in Conference Room C. At 4 : 24 P.M. all of the Board in Room A moved to Room C. As the minute taker was in Room C, it is unknown to him as to whether past minutes were approved during the start of the meeting in Room A. 2 . Simpson expressed concern about the "Proposed SFWMD Lower West Coast Water Supply Plan" . A brief discussion about the merits and liabilities of the proposal ensued. 3 . Simpson passed out a copy of the "DRAFT EPTAB NATURAL RESOURCES PROTECTION PLAN" and requested that all members of the board read and comment on it by next meeting. 4 . Simpson brought up the need to finalize, by early February, the maps and narrative concerning the land acquisition areas. He also mentioned that The Conservancy is putting together a group interested in land acquisition and what the direction the community should take concerning acquisition. The first meeting will be held at the Conservancy on 29 January 1992 at 7: 00 P.M. 5. Bill Lorenz expressed the importance of getting a BCC date for a referendum. A general discussion of CREW, other acquisition areas, when to go to the BCC, and how to make informed decisions ensued. 6. The next item was a discussion on the Habitat Protection Ordinance. G. Beardsley presented a brief committee report on the Habitat Protection Committee meeting of 14 January 1992 . David Land posed several questions which he would like to have answered: What habitats are at risk? i.e. not already in public ownership or not already adequately protected. Should we differentiate among the geographical Quad Li" ENVaRONMENTAL POLICY TECHNICAL ADVISORY BOARDrick- 7 Minutes of 10 February 1992 Meeting CO -Liz/j- Present: David Addison Gary Beardsley Mike Davis David Land David Maehr Tony Pires Larry Richardson Michael Saadeh Glenn Simpson David Wilkison Absent: Steve Means (excused) Observers: Ilene Barnett, CCNRD; Bill Branan, The Conservancy; Virginia Corkran, LWVCC; Kevin Dugan, CCNRD; Maura Kraus, CCNRD; Bill Lorenz, CCESD; Cathy Owen, NRD; Kim Polen, NRD. 1. Meeting called to order at 4 : 10 P.M. by Chairman Simpson. 2 . Chairman Simpson stated that board members D. Addison and S. Means would be absent; D. Addison later arrived (replacing B. Branan) . (Note: T. Pires, thought to be absent, arrived at 5: 30) . 3 . The minutes of the 27 January 1992 meeting were distributed and approved. 4 . Upon Chairman Simpson's request, G. Beardsley briefly summarized the Habitat Protection subcommittee meeting of 28 January 1992 . The date of the next Habitat Protection subcommittee meeting was not set (the subcommittee will decide the date) . G. Simpson asked the subcommittee to have something for the next EPTAB meeting. Bill Lorenz said staff would have a draft ordinance by the end of the month. NRD staff said they would send out the updated applicant requirements (for the habitat protection ordinance) to the subcommittee members. 5. Upon Chairman Simpson's request, G. Beardsley summarized the results of the Environmental Technical subcommittee's meeting at the Conservancy (no date given) ; D. Addison, G. Beardsley, G. Simpson, & a staff intern were present. He said their task was to look at the "areas of environmental significance" map, in order to determine if there were any NRPA's that hadn't been addressed (e.g. , white areas, N. Golden Gate) . As a result, a few more corridor areas (areas that need to be connected) were added onto this map. Simpson then reviewed the map, and also pointed out areas where work still needed to be done (e.g. , near landfill, white areas) . He was trying to understand how the HPO, NRPA's, & land acquisition (LACQ) all fit together. He said the next step, now that the NRPA's were agreed upon, was to see how these areas overlay property ownership. He also thought a definition was needed for "NRPA" . G. Beardsley reminded EPTAB of the 4 types of NRPAs from the Comp plan (ECBS, WPC, CEC, RUE) . 6. An animated discussion ensued regarding habitat value (size, quality) , systems function, animal use of corridors, food chain level importance (panthers vs. raccoons) , etc. Highlights included the following: - Maehr: no systems (wetlands) function in the estates; concerned with top level predators and habitat quality. - Simpson: 3 major corridors through estates; need to minimize impact to existing vegetation, not just rehydrate system; no clear-cutting. - Land: 1) how much preservation is critical to survival of species in area; maintain sustainable populations vs. save as much as possible; 2) need to weigh costs of preservation (don't want to hurt people financially in process) (e.g. , is it necessary to impose a higher level of regulation in the area adjacent to S.R. 29, in addition to ACSC & County reqs?) - Maehr: make sure the entire estates area is designated NRPA, not just some parts; encourage landowners not to develop last 100 ' of lots; not convinced corridors can be maintained for wildlife; can maintain habitat, but not a functioning system. Chairman Simpson wants NRPA information before the HPO is approved by EPTAB; no deadline was given to the subcommittee. 7. Bill Lorenz reminded EPTAB of GMP mandate for HPO to be in place by 8/92 (NRPA' s not until 1994) . He needs EPTAB to say "these NRPA's deserve protection to preserve a specific function; the degree of restriction, regulation, non-regulation depends upon ability to meet particular protection objectives" . Then NRD Staff will say "this is an NRPA, and these are the standards that will apply to development orders if you are located in an NRPA" . Lorenz said that EPTAB would have to develop findings of fact for BCC, that says from a technical perspective "this is what's here, this is its significance, these are restrictions we believe will meet those objectives" (for HPO & NRPA) . "HPO provides a minimal level of standards" . Recommend to BCC that a certain amount of habitat be put in a preserve area; the kind and location of habitat for the development site is being dictated by the ranking criteria in the HPO. Then, when NRPA's are in place, standards and criteria of NRPA's will either supplement or supersede what the HPO is to do. Think of HPO as 1st minimal criteria step, NRPA later as an overlay. Refer to NRPA concept in HPO: "NRPA will supersede as applicable" . With respect to the HPO: where applicable, what type of land uses, threshold acreages, what % to be set aside as preserve area? Lorenz wants EPTAB consensus on all these issues. 8. D. Land again suggested that the County be subdivided into 4 categories, and that the HPO should be applied only to the Urban area. He suggested for the other 3 areas: Estates - landscape ordinance, 100 ' (optional?) , special programs in key corridor areas (e.g. , fire protection) . Wilderness - corridor/aesthetics ordinance; use ACSC, reinforce LDC re: rural areas stipulations. AG - focus on key corridors. He pointed out the difficulty of trying to make 1 ordinance fit all the County (4 different areas) ; different ordinance for each area? B. Lorenz pointed out that, with exemptions (e.g. , >5 acres, AG) , the HPO could still be applied County-wide (e.g. , urban area projects & estates rezones) . Land pointed out the cumulative effect of exempting parcels <X acres. Simpson pointed out the potential for fire in estates if no rehydration. Land - 1)purchase, 2) incentives, 3)regulation. Beardsley reminded EPTAB of case pending re: "AG estates" Simpson asked about all of the 75 ' (width) lots in the estates; Gary told him that houses were allowed only on parcels >2 . 5 acres. Possible incentives for NRPA areas were suggested: giving additional tax credits to owner if he preserves more than the minimum required; dedication of a permanent conservation easement. D. Addison pointed out that it would be tough selling these ideas to the BCC (lower tax base) . B. Lorenz suggested EPTAB report on incentives, and staff can evaluate. He also told EPTAB that he was working with Bob Blanchard re: EPA proposal to look at economic benefits of environmental preservation in the County. Chairman Simpson directed the subcommittee to continue discussing these concepts. 9. Chairman Simpson then asked Bill Lorenz for a summary of his strategic planning workshop with the BCC 2/10. Lorenz said the BCC doesn't see the LACQ program as a priority this year (CREW possibly) ; BCC directed staff & EPTAB to do no more on this subject. The reaction of EPTAB to this was that they felt LACQ was a component of the overall NRPA program. Lorenz noted that LACQ was not required by the GMP this year, and Staff was behind in other requirements. It was stated that there were groups other than EPTAB working on public education re: LACQ. D. Addison pointed out that the County would lose Rookery Bay (9th on CARL list) if BCC didn't approve of matching funds for P2000. Chairman Simpson said that the bulk of EPTAB's work re: LACQ was finished, except for a few refinements (e.g. , Belle Meade N area) . EPTAB would lend support to other groups working on LACQ. EPTAB members agreed that all of the work they had done for LACQ was not in vain, i.e. , by identifying areas for LACQ, EPTAB had identified NRPA's. D. Land expressed concerns about CREW being a separate referendum (REF) . If CREW was funded out of general revenues, then in ca. 1 year could have REF at 1/4 mil for other purchases. He said EPTAB should 1) move forward, put package together by August on what they felt was important, plus costs, ASAP; and 2) if BCC only wanted to move ahead with 1 item (CREW) , they should do it through general revenues, not a REF. Chairman Simpson noted that Boyd & Kupferberg were going to ask BCC for funding (mechanism unknown) ; he wants them to ask BCC for 2 . 5 million, to be funded once LACQ is passed, to come out of the 10 million proposed to go to CREW. Bill Lorenz said he and Cmsnr. Goodnight had discussed other CREW funding sources (e.g. , surcharge on water rates, ask BCBB to raise millage) . He also told the BCC that the LACQ program was part of the County's comprehensive natural resources protection program (in 1994) . He said that the purchase option might be needed in the HPO, and suggested EPTAB identify all mechanisms for the natural resources protection program (of which LACQ is one strategy) . Bill Lorenz ' major priority is to meet requirements of the GMP (= HPO) , and get in compliance with 3 deadlines. So, first develop the HPO (= minimal level of protection) , County-wide with conditions (exemptions) ; then NRPA's will come in later and supersede HPO. 10. David Land drafted a letter to the BCC and read it to EPTAB: " A comprehensive environmental protection program in County won't be able to be accomplished without purchase of environmentally important lands. This will include lands in all parts of the County, not simply in CREW designated areas. In addition, the identification of such lands are a critical component of developing our NRPA program as required by the Comp plan. Consequently, EPTAB will proceed with its development of appropriate environmental ordinances and programs, including land purchasing issues, which are necessary to protect our natural resources and meet the requirements of the Comp plan. BCC will then determine if, when, and how these ordinances and programs are approved and funded. If, due to a previous commitment, the BCC feels it must fund CREW purchase now (not other purchases) , this should be done through general revenues, not a referendum. However, at the appropriate time, broader general revenue or referendum funding will be required if we are to meet our environmental objectives in the County. 11. A motion was made and seconded, to accept this letter (when finalized) , with the stipulation that this letter be presented and read in a public forum to the BCC. The motion passed 8: 1 (T. Pires opposed) . 12 . Chairman Simpson requested the following: A) that D. Land finalize this letter (item 10. ) ; and B) that G. Beardsley have GOP's of Comp plan relating to LACQ & NRPA's, to back up this letter; and C) that B. Lorenz relay EPTAB's sentiment to the County manager, as well as get this item onto the BCC agenda ASAP (the tentative date requested by EPTAB is 25 February) ; and D) that all EPTAB members be at this BCC meeting. 13 . The next meeting date is set for 24 February at Development Services. 14 . At the close of the meeting: 1) Bill Lorenz announced that the coastal zone plan was going to the CCPC 20 February (workshop) & 5 March (vote) ; he asked EPTAB to review the CZPO criteria; David Land noted that EPTAB had largely ignored this topic. 2) Virginia Corkran submitted articles to Bill Lorenz and Chairman Simpson. 3) Gary Beardsley announced the corridor workshop in Gainesville March 15-17. 15. Meeting adjourned at 6: 05 P.M. lG c , ff ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD (-`e' Minutes of 24 February 1992 Meeting y' . Present: David Addison Gary Beardsley Mike Davis' David Land David Maehr Steve Means Tony Pires David Wilkison Absent: Larry Richardson Michael Saadeh (excused) Glenn Simpson (excused) Observers: Ilene Barnett, CCNRD; Virginia Corkran, League of Women Voters of Collier County; Kevin Dugan, CCNRD; Bill Lorenz, CCESD; Elizabeth Moseley, The Naples Garden Club; Cathy Owen, NRD; Chris Straton, Friends of the Bald Eagle. 1. Meeting called to order at 4 : 15 P.M. by Vice-Chairman Maehr. 2 . Vice-Chairman Maehr stated that board members M. Saadeh & G. Simpson would be absent. 3 . The minutes of the 10 February 1992 meeting were approved, with the following corrections: a) page 3 (under "8 . ") , 1st para, reword last phrase: from "houses were allowed only on parcels >2 .5 acres" to "houses were currently allowed only on parcels >1.25 acres - the pending lawsuit was for >2 . 5 acres" . b) page 4 (under "9. ") , 3rd para, 1st sentence, change "Kupferberg" to "Kuperberg" . 4 . Vice-Chairman Maehr called for EPTAB members ' comments on the draft of EPTAB' s "Natural Resources Protection for Collier County" narrative. He also asked about the status of the narrative, and D. Land said it would be finished by next week. 5. Bill Lorenz stated that the CCPC would be having a public hearing on the Coastal Zone Management Plan (CZMP) on 5 March. D. Maehr asked about the status of EPTAB's input into the CZMP; B. Lorenz indicated a future role for EPTAB during the time when the LDC will be amended as a result of the CZMP "blueprint" . D. Maehr also asked if any EPTAB members should be there; B. Lorenz suggested D. Addison & G. Beardsley, as they had been previously involved. 6. David Wilkison relayed G. Simpson' s communication: a) re: Golden Gate Estates (GGE) , establishing a 100 ' setback as a conservation area is the most fair & equitable way to provide NRPA in GGE; b) also, he wants a map of what the NRPA's are going to be, before HPO is approved. -1- 7 . Bill Lorenz reiterated the GMP policy requirements and dates for habitat protection regulations and NRPA' s. He requested EPTAB input on the habitat protection ordinance (HPO) , to determine the minimal level of protection to be provided by the HPO, as follows: ► Where should the HPO apply? (County-wide or in more specific areas) ► What size properties should the HPO apply to? (?# acres) ► What type of land use should the HPO apply to? (AG, single family residential, commercial, etc. ) He also said that what the HPO does is identify the best habitats (through the habitat ranking criteria) , and require preservation of X%. He also stated that a function of the HPO is the incorporation of uplands adjacent to wetlands; the result will be a better functioning, more diverse habitat. 8 . A general discussion ensued concerning what should be included in the HPO; the general consensus was that flexibility should be incorporated into the HPO. Comments from EPTAB members included: - the HPO should apply to all native habitats excluding the northern GGE; - owners of small size lots (e.g. , 0. 5 acre) should not be exempted; - flexibility in % preservation requirement; - consideration of the costs/burden on the landowner; - if size of parcel precludes the applicant from meeting X% preservation requirement, there should be options, e.g. , "fee in lieu of" (which would go into a fund for land acquisition) ; - if the applicant exceeds the preservation requirement, he should receive a density bonus; - suggestion for higher % in certain areas, i.e. , all development >X acres will protect X% native habitat, unless it's a RUE, in which case protect >>% (e.g. , 80% scrub as suggested in the CZMP for coastal zone scrub) . 9 . Vice-Chairman Maehr made a "motion for minimum agreement" on the following: ► 25% preservation requirement as a starting point; ► for habitats such as RUE 's, require >25%; ► for habitats with poor quality, then <25%. He wished for it to be noted in the minutes that EPTAB agreed on this; at the next meeting, specifics will be discussed. 10. The next meeting date was set for 9 March at Development Services. The next habitat protection subcommittee meeting is tentatively set for the end of next week, as they will be receiving the draft HPO ca. next Monday. 11. D. Wilkison relayed another of G. Simpson's communications, -2- that to develop the NRPA' s was simple = all scrublands, wellfield contribution zones, everything west of U.S. 41, all acquisition lands, & need to identify the Gordon River corridor & CREW lands connection to the Imperial River. 12 . D. Maehr requested that the results of the CCPC meeting (re: CZMP) be an agenda item for the next EPTAB meeting. 13 . Public comment was received from C. Straten (Friends of the Bald Eagle) ; this organization has 250 members & their role is the protection of the local bald eagles. She has been working with the CAO re: the bald eagle protection ordinance. 14 . B. Lorenz stated that Neil Dorrill addressed EPTAB's request to deliver letter re: LACQ to BCC. He requested that when EPTAB has finished the letter, to notify him & he will get it put on the BCC agenda. B. Lorenz also stated that Pat Cookson was compiling minutes of BCC meetings/workshops re: LACQ. 15. B. Lorenz distributed copies of the executive summary re: rates for Stormwater Utility program, to be presented at BCC 25 February. 16. Meeting adjourned at 6: 05 P.M. -3- ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: May 4, 1992 PLACE: Development Services TIME: 4 : 00 p.m. I. Call Meeting to Order II. Roll Call III. Approval of Minutes IV. Old Business A. Coastal Zone Plan - BCC schedule (Lorenz) V. New Business A. Introduction of Fran Stallings B. Habitat Protection Ordinance Presentation (Lorenz) VI. Public Comments VII. Adjournment WDL:pc a� 0‘. // g Y f '•4•tj: C.. ayy 4.,F C r 'yy� . EPTAB MEETING APRIL 6, 1992 MINUTES Present: David Addison Gary Beardsley Mike Davis David Land Steve Means Larry Richardson Michael Saadeh Glenn Simpson Absent: David Wilkison(called in) David Maehr Tony Pires Observers: David Bishof, Kevin Dugan, & Maura Kraus (CCNRD) ; Barbara Prynoski (Collier Co. Project Review) ; Clifford Fort 1. Meeting was called to order at 4 : 16 p.m. In the absence of Chairman Simpson (was late) and Vice-Chairman Maehr, Larry Richardson presided. 2 . Roll Call 3 . Minutes of the 23 March 1992 meeting were approved. 4 . Gary Beardsley brought up concerns about the definition of wetlands in the CCME. A discussion ensued as to what the SFWMD and the DER definitions were and what was the best for the County. Steve Means made the motion to have the County Attorney' s Office review the definition of a wetland in the CCME and determine if it needs revision, and if such a revision will protect the current regulations on wetlands. David Land seconded the motion and it was passed unanimously. ► Further discussion occurred concerning the definition of uplands. Although NRD staff pointed out that the HPO would define uplands, Gary Beardsley made a motion to have staff define viable functioning natural uplands, and incorporate it in the HPO. David Land seconded the motion and it passed unanimously. 5. Martha Howell of the County Attorney' s Office made a statement supporting the NRD's formulation of the HPO. She further stated that any legal problems be brought up with the County Attorney's Office and that any legal inconsistencies in the HPO would be handled by them. 6. Discussion was opened on the North Golden Gate Estates on how to best protect the corridors. Chairman Simpson called for the NRPA subcommittee to address the issue at a meeting to be held April 13 , 1992 . 7 . The Coastal Zone subcommittee made their recommendation that the EPTAB support the CZMP with the appropriate changes in the Policy section, and state for the record that one policy had been too complicated to deal with during the allotted time. Gary Beardsley made a motion to support the Plan as such, Michael Saadeh seconded. The motion passed 4 to 3 . For Opposed Gary Beardsley David Land David Addison Larry Richardson Michael Saadeh Steve Means Glenn Simpson Mike Davis was absent 8 . Clifford Fort spoke on the benefits of private stewardship in the South Estates. 9 . Meeting was adjourned at 6: 15. ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: Monday, May 18, 1992 PLACE: Conference Room C, Development Services TIME: 4: 00 p.m. I. Call Meeting to Order II. Roll Call III. Approval of Minutes IV. Old Business A. Coastal Zone Management Plan (Staff) B. Habitat Protection Ordinance Resolution (Land) V. New Business VI. Public Comments VII. Adjournment MEETING SCHEDULE: June 1st - 2: 00 p.m. - 3rd Floor of Building F (Rear) June 18th - Time and date to be announced N w,•mher 7, 1990 stormwater discharge violation. No reported thi' i'; a lower priority within the stormwater utility program. Mr. Lorenz continued with the next set of challenges, which he said will be very controversial. He reported there .-,re requirements within the Growth Management Plan dealing with habitat and wildlife management. He indicated interim policies are in place for the pro- tection of habitat and wildlife, with a schedule for Staff to bring back to the Board a variety of ordinances with very specific criteria for development within certain kinds of habitat identified in the Growth Management Plan. He added that the habitat ordinances will identify a certain percentage of a particular habitat that will need to be preserved on site, while another habitat will require a dif- ferent percentage be retained. He said this will allow the habitats to be the priority in terms of how a property can be developed. He stated there will also be very specific ordinances that will protect endangered and threatened wildlife, i.e. , a Bald Eagle ordinance is now being prepared which establishes very specific standards and cri- teria which then may be used for all land development review projects. County Manager Dorrill commented that developers already have con- cerns with maintaining wetlands on their sites, and these new ordinan- ces will be strongly objected to by them. He said there will also be a large effort exerted by environmental groups with regard to not allowing exemptions for agricultural uses, while at the same time, a great deal of concern from landowners and developers who believe the County continues to carve away at their landholdings. He advised that the County's plan won the best natural resource management award in • the State last year, but the implementation effcrt Eor these three habitat areas in the program will he very difficult to maintain. In answer to Commissioner Shanahan, Mr. Lorenz indicated he has received authorization for 1.5 positions, and :ir interviewing for one of the jobs. He stated he .i> behind ::chedu le, however, ence the <nlcl i tional staff is in place, the timeframe, will he met in later y,ear::. He added once the -framework for the i irst model ordinance i:. in place. OOOF^s` 08 ?nrt1• , • • • November 7, 19q0 County Manager Dorrill reported there are no currant- State or federal guidelines regarding upland habitat preservation. He suggested that the Board conduct a workshop regarding some oC the spe- cifics being proposed for these ordinances, prior to County Staff spending a tremendous amount of time developing something the Board may or may not want to adopt. Commissioner Goodnight stated if the State and federal guidelines are vague, they need to be defined in Collier County, however, when they are specific, there is no need for County Staff to spend time on what is already regulated by higher levels of government. County Manager Dorrill suggested that Staff prepare an inventory of those environmental regulations that are proposed to change and which ones will be adopted based on current State or federal guideli- nes. Mr. Lorenz continued with his presentation, stating the County's habitat protection strategy will recognize that regulations will not be satisfactory to accomplish the overall protection goals for wildlife and habitat, therefore, Staff is proposing land acquisition as a second strategy. He said this will identify lands and areas in the County that are deserving of such a high degree of protection that they should be acquired by either Collier County or federal and state not-for-profit environmental groups. He reported thi:'s will allow the County to take the lead in identifying these properties, specify methods for acquisition and to develop funding sources. Commissioner Volpe commented that the State Legislature recently passed Preservation 2000, whj1h is a $3 billion program for these types of acquisitions. He asked what the further role of local government will be in that regard? Mr. Lorenz explained that Collier County needs to focus all those efforts by the State and the environmental agencies in .ereas that the • County sets as high priorities. He stated those ac;Onc ie!: will he looking at lands throughout the State, and this str,avog .;; 11 concentrate those groups on land the County has ,;,1 ::h, d ,e; • Mi 000 FA,' 10 • .nvr•mht r 7 , ,w,n interested in. 1e advi-sed that a .,•cord parr of ' hi--; program i'.. the creation of a formal Environmental Adv.icory Board which will con- t solidate the Water Management Advisory Board and the Environmental Advisory Council. He stated that the Board will assist in further developing programs such as regulatory codes and a land acquisition program, as well as being utilized as a workshop to resolve as many issues as possible prior to reporting to the RCC. He mentioned that approval of this new environmental board will be on the November 27th Board of County Commissioners agenda. Commissioner Shanahan concurred that communication is a very important issue. He cautioned, however, that people need to understand the relationship to the information they are getting and the cost to provide that information. He said the Board needs to be a better communicator than it is at present. Commissioner Volpe mentioned that recent discussions have suggested the possibility of creating a speakers bureau working through the homeowners associations. He said this will provide a forum to get information out to as many people as possible so they understand what some of the issues and concerns are and how the Board is attempting to address them. **• Recess: 10:35 A.M. - Reconvened: 10:50 A.M. , at which time Deputy Clerk Hoffman replaced Deputy Clerk Guevin *** UTILITIES Utilities Administrator Arnold explained that the Utilities Strategic Plan is four-fold: Capital Improvement Program; Subsequent Operations and Maintenance Facilities of the programs to maintain the capital projects; necessary financing tools; and financing programs to build the facilities; and, the regulatory components hafied on the ordinances, policies and standards. With respect to the Capital Improvement Program, Mr. Arnold requested endorsement from the Commission with respect ;:, :'t:;E" ; .:o,i_ tinued aggressive expansion of the County's Regional :;yr:tt:ttt to on:;ncr• that the regional concept i:; proted .end Cur there :, .r it h , 1)0," ® 00Q F,4C 12 LAND ACQUISITION PROGRAM PROGRAM PLAN 1. 0 Introduction and Purpose 2 . 0 Statement of Intent 3 . 0 Advisory Committee 3 . 1 Membership 3 . 2 Responsibility 4 . 0 Project Selection and Acquisition Process Overview 5. 0 Project Selection Guidelines 5. 1 Types of Projects 5. 2 Selection Criteria 5. 3 Preparation of a Five-year Plan 6. 0 Land Acquisition Guidelines 6. 1 Criteria for Evaluation of Acquisition Needs 6. 2 Priority of Acquisition 6. 3 Notification of Owners 6.4 Consideration of Appraisals 6. 5 Methods of Land Acquisition 7. 0 Organizational Responsibilities 8 . 0 Land Acquisition Plan 8. 1 Land Acquisition Map 8. 2 Funding Needs 8. 3 Project Descriptions acquired. Coordinating with external groups such as Federal, State, Regional governmental agencies, non-profit organizations, and private landowners is also a necessary component. Internal organizational roles and responsibilities will also be identified. SERVICE DELIVERY IMPLICATIONS The Growth Management Plan mandates that a Plan to defer development of the County's important native habitats and wildlife be in place by August 1994 . To not do so will not meet the target as mandated. Moreover, to not do so will deprive all of the residents of Collier County of their rights to protection of the County's native habitats and wildlife. SUPPORT GROUP IMPLICATIONS Support groups will depend on decisions on how various lands will be managed. Until some type of management plan for the acquired lands has been developed, it will be difficult to identify what position individuals or organizations will take. Many are opposed to any type of public use. For example, most of the environmental groups would be in favor of the acquisition but if hunting were an activity proposed as part of the managment plan, many would obviously change positions. Conversely, large hunting organizations would be in favor of spending tax dollars to purchase wild lands, but if hunting were a prohibited activity, they would most likely change their position also. Land owners, would most likely, favor such a program as long as they felt they were being fairly compensated. In addition, fee simple purchase or tax incentive results in less monies being received by the County as properties are removed from the tax rolls or the tax rate is significantly lowered. RESOURCE IMPLICATIONS A successful acquisition program will require, at a minimum, the cooperative efforts of Parks and Recreation, Real Properties, and various departments in the Environmental Services Division. As projected for FY 1990-91, staffing of the Environmental Services Division should be adequate to assist in the design of the model for the acquisition program and to participate in the subsequent environmental screening and priority ranking of the individual parcels. The actual administration of the program will require individuals with real estate expertise and other expertise not found within the Environmental Services Division. Funds will need to be made available for purchase of these properties, and it may be necessary to utilize outside consultants for various aspects of the program. Also, if the County acquires the land, it will need to be actively managed, which will require additional resources and manpower from Parks and Recreation. A well designed program plan should identify the program's goals, criteria for determining land acquisition priorities, management plans for acquired properties, costs of property acquisition and management, funding sources and organizational responsibilities. STRATEGIES OPERATIONAL: A conceptual plan should be developed for approval by the Board. The plan should recommend: ♦ Program goals and objectives, ♦ Land acquisition policies and procedures, ♦ Criteria for ranking priority areas for acquisition, ♦ Financial considerations, including program costs and funding sources, ♦ Organizational responsibilities, ♦ Formal public involvement, ♦ Legislative authority This conceptual plan should be available for Board consideration by January 1991. ORGANIZATIONAL: The current organizational structure and responsibilities are sufficient for developing the plan. Staff for Environmental Services, Utilities, Parks and Recreation, and Real Property should be involved in the development of the conceptual plan. The plan should establish organizational roles and responsibilities as the program is implemented. LEGISLATIVE: No legislative initiatives are needed for developing the conceptual plan. The new Environmental Advisory Board should plan an instrumental role in this effort. RESOURCE DEVELOPMENT: Current staffing is adequate to develop the conceptual plan. No costs are envisioned for FY90/91. The conceptual plan will identify costs and staffing requirements for future budget years. CHALLENGES KEY RESULT AREA HABITAT AND WILDLIFE MANAGEMENT GOAL OF KEY RESULT AREA - To provide for the protection, conservation, enhancement, restoration, and management of the County's native habitats and wildlife. INTERNAL AND EXTERNAL CHALLENGES 1. Provide effective Regulatory Codes for habitat and wildlife protection. 2 . Develop County Land Acquisition and Management Program for environmentally sensitive lands. 3. 4. 5. The Growth Management Plan mandates that native habitat and wildlife protection codes be effected by 1994 . To not do so will not meet the targets as mandated. Moreover, to not do so will deprive the residents of Collier County of their rights to protection of the County's native habitats and wildlife. In addition, better defined criteria would expedite the review process, allow property owners to know beforehand the environmental constraints on their property, and would establish quantifiable targets for habitat protection. SUPPORT GROUP IMPLICATIONS It is anticipated that individuals and organizations that have supported stricter environmental regulations in the past will continue their support. Such groups in Collier County include The Conservancy, Audubon Society, Sierra Club, Izaak Walton League, Native Plant Society, Friends of Rookery Bay, Southwest Florida Archaeological Society, Center for Marine Conservation, Endangered Species Research Foundation, League of Women Voters. Certain groups may be or perceive themselves to be, negatively affected. It is felt that the groups with the most potential to be negatively affected, and, thus the groups which would have the most potential for opposition, will be land developers, realtors, contractors, and possibly land owners of currently undeveloped property. RESOURCE IMPLICATIONS Current staffing is inadequate to meet the requirements of the Growth Management Plan. A position was eliminated from the Natural Resources budget request during the September 1989 budget hearings. Additionally, staff noted in the August 1989 workshop that an additional position would be needed in FY 90/91. The Natural Resource Department is allocated 3 1/2 technical positions in addition to the Department Director. For FY 1990-1991, it will require 1.5 additional Environmental Specialist IIs to produce the regulatory codes. In addition, if ground truthing is required in order to delineate the NRPAs, two additional Environmental Specialist IIs or their equivalent in consulting services, may be necessary. It will be necessary to have the County Attorney's office contribute manpower during the code formulation process. Additional staff will almost certainly he needed by Development Services to insure compliance of permitted activities and for enforcement of unpermitted activities. STRATEGIES ISSUE PAPER CHALLENGE TO BE ADDRESSED Institute a Land Acquisition Program for environmentally sensitive lands to preserve the County' s important native habitats, wildlife, and water recharge areas. BACKGROUND INFORMATION Collier County is experiencing rapid population growth and rapid land development activities necessary for roads, public utilities, residential and commercial sites, etc, to accommodate such growth. As a result, the County is experiencing a loss of valuable wildlife habitat, and concomitantly, wildlife. In an effort to counter this loss, the Growth Management Plan requires the County by August 1994, to institute a program to defer the development of the native habitats. The Plan asks that first consideration be given to acquisition by the County but also that the County shall seek assistance from and support State or Federal land acquisition programs for important native habitat located within the County. Current and proposed land development regulations are not and will not be sufficient to meet the goal of habitat protection in its entirety. Land development regulations can only apply to individual land development applications. As a result, many habitats, although partially preserved, become fragmented, reduced in size, and isolated. A definite need exists for public ownership or control of large expanses of critical habitat and/or watershed management areas. This need is recognized and addressed in the GMP. In addition, the GMP also recognizes that isolated habitats are undesirable and suggests that connections (corridors) between critical habitats be maintained. Some type of development deferment incentive is necessary to accomplish the goals and, at the same, recognize and consider the right of individual property owners. Such incentives may be lower tax rates, transfer of development rights, fee simple purchase, etc. One example of such a program is the Corkscrew Regional Ecosystem Watershed (CREW) Trust. The Trust is made up of private and public entities and Collier County is a participant. However, Collier County, at this time, does not have a source of funding for the proposed acquisitions. A successful land acquisition program will require public support and an adequate funding source. A comprehensive program plan is necessary to specify criteria for developing acquisition priorities and to develop management guidelines for property once Also, if the County acquires the land, it will need to be actively managed, which will require additional resources and manpower from Parks and Recreation. A well designed program plan should identify the program's goals, criteria for determining land acquisition priorities, management plans for acquired properties, costs of property acquisition and management, funding sources and organizational responsibilities. STRATEGIES OPERATIONAL: A conceptual plan should be developed for approval by the Board. The plan should recommend: ♦ Program goals and objectives, ♦ Land acquisition policies and procedures, ♦ Criteria for ranking priority areas for acquisition, ♦ Financial considerations, including program costs and funding sources, ♦ Organizational responsibilities, ♦ Formal public involvement, ♦ Legislative authority This conceptual plan should be available for Board consideration by January 1991. ORGANIZATIONAL: The current organizational structure and responsibilities are sufficient for developing the plan. Staff for Environmental Services, Utilities, Parks and Recreation, and Real Property should be involved in the development of the conceptual plan. The plan should establish organizational roles and responsibilities as the program is implemented. LEGISLATIVE: No legislative initiatives are needed for developing the conceptual plan. The new Environmental Advisory Board should plan an instrumental role in this effort. RESOURCE DEVELOPMENT: Current staffing is adequate to develop the conceptual plan. No colts are envisioned for FY90/91. The conceptual plan will identify costs and staffing requirements for future budget years. CHALLENGES KEY RESULT AREA HABITAT AND WILDLIFE MANAGEMENT GOAL OF KEY RESULT AREA - To provide for the protection, conservation, enhancement, restoration, and management of the County's native habitats and wildlife. INTERNAL AND EXTERNAL CHALLENGES 1. Provide effective Regulatory Codes for habitat and wildlife protection. 2. Develop County Land Acquisition and Management Program for environmentally sensitive lands. 3. 4 . 5. The Growth Management Plan mandates that native habitat and wildlife protection codes be effected by 1994 . To not do so will not meet the targets as mandated. Moreover, to not do so will deprive the residents of Collier County of their rights to protection of the County's native habitats and wildlife. In addition, better defined criteria would expedite the review process, allow property owners to know beforehand the environmental constraints on their property, and would establish quantifiable targets for habitat protection. SUPPORT GROUP IMPLICATIONS It is anticipated that individuals and organizations that have supported stricter environmental regulations in the past will continue their support. Such groups in Collier County include The Conservancy, Audubon Society, Sierra Club, Izaak Walton League, Native Plant Society, Friends of Rookery Bay, Southwest Florida Archaeological Society, Center for Marine Conservation, Endangered Species Research Foundation, League of Women Voters. Certain groups may be or perceive themselves to be, negatively affected. It is felt that the groups with the most potential to be negatively affected, and, thus the groups which would have the most potential for opposition, will be land developers, realtors, contractors, and possibly land owners of currently undeveloped property. RESOURCE IMPLICATIONS Current staffing is inadequate to meet the requirements of the Growth Management Plan. A position was eliminated from the Natural Resources budget request during the September 1989 budget hearings. Additionally, staff noted in the August 1989 workshop that an additional position would be needed in FY 90/91. The Natural Resource Department is allocated 3 1/2 technical positions in addition to the Department Director. For FY 1990-1991, it will require 1.5 additional Environmental Specialist IIs to produce the regulatory codes. In addition, if ground truthing is required in order to delineate the NRPAs, two additional Environmental Specialist IIs or their equivalent in consulting services, may be necessary. It will be necessary to have the County Attorney's office contribute manpower during the code formulation process. Additional staff will almost certainly be needed by Development Services to insure compliance of permitted activities and for enforcement of unpermitted activities. STRATEGIES Mr. Fran Stallings, Ph.D. -_aural Resources . ._„ jv ENVIRONMENTAL POLICY TECHNICAL ADVII Minutes of 18 May1992 Meetii �8 y 199 ----- --, OURCES .�:Present: David Addison Gary Beardsley 212LW e CTDavid Land David Maehr Tony Pires Larry Richardson Michael Saadeh Absent: Glenn Simpson (excused) David Wilkison (unexcused) Observers: Kevin Dugan, Cathy Owen, Maura Kraus & Fran Stallings (Collier Co. NRD) , Kim Polen & Barbara Burgeson (Collier Co. Project Review) ; Virginia Corkran (League of Women Voters of Collier Co. ) ; Nancy Payton & Chris Straten (Friends of the Bald Eagle) ; Tony Polizos (Soil Conservation Service) ; Barbara Cawley (Wilson, Miller, et al. ) . 1. Meeting called to order at 4 : 03 P.M. by Chairman Simpson. 2 . Chairman Simpson stated that David Wilkison would be late (but he did not attend) . 3 . Chairman Simpson, as he was ill, turned the meeting over to Vice-Chairman Maehr. 4 . The 18 May agenda was corrected, under "Meeting Schedule" : June 18th was changed to June 15th (Monday) . 5. The minutes of the 4 May 1992 meeting were approved. 6. Gary Beardsley gave a summary of the 15 May Coastal Zone Subcommittee meeting; Dave Addison, Tony Pires, Mike Davis, and Maura Kraus were also present at this meeting. The subcommittee reviewed the CZMP 4/16 (CCPC) draft, and had decided to bring any unresolved areas back to the full EPTAB. A) Maura Kraus reviewed the issue re: the use of may, will, shall, and gave definitions of usage for each. EPTAB's recommendation was to change "will" to "shall" throughout; she noted there were few instances of "will" (e.g. , p. I-1 1st para under "Recommendation 1") . B) Tony Pires had 2 issues of concern - CZMP recommendation # 's 4.35 (p. I-18) & 4.27 (p. I-17) . These were discussed at length among EPTAB, staff, and members of the public, as follows: ♦ 4.35 - re: CCSL vs. CCCL; problem with setback line vs. control line; difficulty of variance process. Staff's recommendation to keep wording as is; staff's concern is that line needs to be revisited and possibly revised, as CCSL is 18 years old. Much discussion on this item. Tony Pires made a Motion: wrt 4 . 35, delete everything after 1st sentence; motion failed 5 to 4 . David Land restated the Motion: change existing wording of 4 . 35 as follows: By June 1, 1995, the County shall consider revising LDC Div. 3 . 13, the CCSL Ordinance Variance. Revision shall inelude extending consider creating the a County setbaek control line landward to more closely match the existing State DNR CCCL revision, extending the line landward along the banks now have no coastal sebbaek control requirements, such as the Cape Romano barrier complex and the 10, 000 Islands, and revising criteria for allowing variances (reference F.S. 161. 053) . • Motion passes, with Beardsley opposed. ♦ 4 .27 - re: problems with U.S. Dept. of Interior' s CBRS process; policy as stated adopts federal designation of undeveloped coastal barrier before approval by Congress; problems with how and when it should be designated as undeveloped, when it's submitted or when it' s approved. Maura Kraus noted that there were few remaining designated undeveloped coastal barrier systems. EPTAB's recommendation was that the County staff should go out and ground truth Federally designated "undeveloped" coastal barriers, i.e. , not simply rely on the Federal designation. • Motion passes, with Beardsley opposed. C) Maura Kraus also noted, re: recommendation # 4.55 (p. I-27) , that the CCPC wanted to change "prohibited" to "discouraged" , and that staff is against this change. 7 . Tony Pires and David Land expressed concern about correlation and overlap between the HPO & CZMP; also, where in the LDC the HPO would be inserted. David Land suggested the possibility of interim HPO language. David Land made a Motion: EPTAB wants the ability to make changes later, i.e. , when the HPO is adopted. There will be review of LDC/ordinances, and then some modification of HPO components may be recommended by EPTAB upon further review. So, at this time, EPTAB, @ the completion of the HPO process, may make recommendations which will vary from 50/50/80 percentages. • Motion passes, with Beardsley opposed. 8. Land moved that an EPTAB representative (Maehr or Simpson) attend the 5/20/92 BCC evening hearing re:CZMP, to state that EPTAB has reviewed the CZMP recommendations, & supports them, with 3 additional comments (see #6) . Dave Maehr volunteered, and requested that he be able to speak subsequent to the staff presentation. • Motion passes unanimously. 9. Dave Maehr stated that he had a final draft of EPTAB's mission statement; he wants maps to go with it (urban, AG, wilderness) , and hopes to have them at the next meeting. 10. David Land noted that he had distributed a HPO resolution at the last meeting. He requested written comments, and wants EPTAB to lay out a schedule with dates, in order to have a draft for public review (he was originally hoping for 6/15/92) . Gary Beardsley requested that a management plan be done (within 6 months) for the interior of the County, as was done with the coastal zone; this was to include the identification of NRPA's. Barbara Cawley stated that the LDC was not interim; that a HPO was not necessary, as there were too many regulations already. David Land stated that there had to be a HPO. David Land wants input from all sectors (in the form of an outline of the management plan & a timetable) re: what they want accomplished with the HPO. 11. Dave Maehr wants the following agenda item for the 15 June meeting: definitions and objectives of NRPA' s. David Land suggested that the 15 June meeting be a long session. 12 . Dave Maehr stated that the topic of "what to do with the NGGE area" would be discussed at an upcoming meeting (date not decided yet) ; persons present would be Maehr (chair) , Beardsley, Land, and Bob Gore. 13 . Cathy Owen distributed information to EPTAB - (1) the HPO "5/18/92 Draft" and (2) LDC DIV. 3 .8 & 3 . 9 information indicating where the HPO may affect the LDC. LDC glitch amendment side sheets were also made available by Project Review staff. 14 . Meeting was adjourned at 6: 13 P.M. • IL''1 12 '92 08:27 P. 1/S • ?:* WILSON, MILLER, BARTON & PEEK, INC. Engineers, Planners, Surveyors, Landscape Architects, Environmental Consultants&Construction Managers 1— Wilson Professional Center,Suite 200,3200 Bailey Lane at Airport Road,Naples,Florida 33942•(813)649-4040 Fax(813)643-5716 ry June 11, 1992 - _ - Post-It'"brand fax transmittal memo 7671 #�oPanes► , To13 Op�'N From J 1 nf l—D co 5 Mr. William Lorenz, Administrator Environmental Services co, En u • S f2 u` co. m 6 p Dept, , phone#/ 67 / 2 Q Collier County Government Center _ C� T Bldg. G Fax c? r Fax# 6 . _S 7 /6 Naples, Florida 33962 RE: EPTAB - Habitat Protection Ordinance Dear Bill: At the request of some of the EPTAB members, I have prepared the following alternative approach to the designation of habitat preserve areas. The approach in my opinion will simplify the application of the ordinance, avoid excessive duplication of agency efforts, and maintain flexibility for those unusual projects containing large percentages of preserved habitat. I believe that the ranking system proposed within the draft ordinance is subjective and probably not necessary. When applied to a project and reviewed by Project Review Services, I believe that the ranking system will cause confusion, conflict, and delay. I contend that the habitats are already ranked within the ordinance by virtue of the way the ranking system points are weighted. The most heavily weighted habitats are ROM's (Dune, Strand, Xeric, and Hammock), lands with endangered species, and native habitats adjacent to riverine corridors or significant ecotonal areas (future NRPA's). Thus, a hierarchy can be built by a consensus prioritization of the habitats. Attached is a flow chart showing the hierarchy for habitat designation and preservation. Note that the habitats are first mapped then preserved in accordance with the hierarchy. Also note that mitigation is available to allow for preservation of less than X% of the RUE's, dry prairie and Pine flatwood habitats. The mitigation allows for flexibility in site planning. I have not formulated any ideas for mitigation for RUE's, and would leave it open for discussion. Mitigation for dry prairie and pine flatwood would include credits for revegetation, landscaping, and wetland buffering in accordance with the LDC's and SFWMD regulations. Once the mapping, hierarchy, and preservation percentages are determined , the question remains: What is the location of the preserved habitat? If, lets say, 25% of the pine flatwoods are to be preserved, is the. 25% to be in the front or back of the project? Will it be round, square, or some other shape? Will it be contiguous with the on-site wetland or separated? These questions should be answered by set of siting criteria or priorities. For example, the first priority might be that the 25% preserve area be located next to the adjacent riverine corridor. These priorities will be difficult to assemble and will require considerable thought so that they 6/It/ 2.0061000l.mrs Naples Fort Myers Sarasota Lakeland (813)649.4040 (813)030-I020 (813)371-3690 (813)i;48-1477 1-'ax(813)643-5716 Fax(813)939-7479 Fax(813)377-9852 Fax(813)6440835 JUN 12 '92 E8:29 P.2:0 1.=- WILSON • MILLER • BARTON&PEEK, INC. Mr. William Lorenz Page 2 are user friendly. For those projects that have unusually high preservation requirements or are unduly burdened by the locations of the preservation areas, I would allow the owner to develop a habitat preservation plan. The plan would be based on a biological study of the onsite habitats, and would propose a preservation scheme consistent with the proposed land use and a set of performance criteria. This approach is analogous to zoning where there are straight zoning categories and I'UD's. The zoning categories are analogous to the habitats and the preservation percentages. The PUD is analogous to the habitat protection plan which could modify the habitat preservation requirements to the mutual benefit of the land owner and the public. The habitat protection plan would be negotiated with staff and approved by the EAB. I believe there is still considerable amounts of work to be done on the ordinance especially on the preservation percentages, the siting criteria, and the performance criteria for a habitat protection plans. Sincerely, WILSON, MILLER, BARTON & PEEK, INC. l` eece4„ -7 Stephen A. Means, P.E. cc: EPTAB Members Kevin Dugan, Environmental Resources Dept. Cathy Owens, Environmental Resources Dept. Barb Prynoski, CCDS Barbara Cawley, WMB&P 6/1t192.00610001.mrs ■ JJN 12 '92 88:28 P.3/3 WILSON, MILLER, "`'cRTON Project HP0 & PEEK, INC. . _ W.0,# Engineers,Planners,Surveyors,Landscape Architects, Calculated By AL2 5 ______... Date 6,---)1�z. 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ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD Minutes of 15 June 1992 Meeting Present: David Addison Gary Beardsley Mike Davis David Land Steven Means Tony Pires David Wilkison Absent: David Maehr Larry Richardson Michael Saadeh Glenn Simpson Observers: Kevin Dugan, Cathy Owen & Fran Stallings (Collier Co. NRD) , Kim Polen & Fred Reischl (Collier Co. Project Review) ; Nancy Payton, Barbara Cawley, John Lee, Sam Holland. 1. At 4 : 15, there was no quorum; it was decided to begin the meeting. Mr. Davis called the roll - members Beardsley, Davis, Means and Pires were present. Dr. Stallings reviewed staff HPO concerns and Steve Means' fax re: HPO. By 4 : 30, members Addison, Land and Wilkison had arrived; a quorum was reached. Mr. Beardsley had a concern re: what if there are valuable corridor or RUE areas within designated activity centers? Ms. Cawley raised the issue of cost - staff would need to address this prior to HPO implementation. 2 . Dr. Stallings gave a brief overview of the CZMP status. Mr. Beardsley was concerned re: dates of coastal zone ordinances. He requested a GMP monitoring/update report as received previously. Motion made: Staff is to present to EPTAB what they want to accomplish during the next budget cycle; motion passed unanimously. 3 . Dr. Stallings then gave a brief review of the Manatee Protection Plan' s status and timeframe; he estimated 2 years to completion. The MPP is required by DNR. 4 . The HPO Checklist (compiled by Mr. Dugan) was discussed; the purpose of such a checklist is for a property owner to know if the HPO applies to him. Mr. Land noted the following: - rural/AG carried brunt of environmental preservation; he suggested not exempting individual lots in the urban area. - either have no one exempt, or have measures such as purchase of development rights, acquisition program, or outright purchase. - there should be equitability throughout the County. - if approved land uses can be realized on property within HPO restrictions, then no mitigation banking option; if they can't be realized, then have option of mitigation banking or County buys development rights. 5. The issue of NRPA' s, when and how, was raised; staff feels that the HPO shouldn't be delayed. Mr. Land suggested that by 7/31, focus on coastal scrub; Mr. Addison noted most if not all unprotected coastal scrub was gone. Mr. Land suggested the modification of the LDC's vegetation protection section for this purpose. 6. Mr. Land' s motion: recommend to Bill Lorenz, the County Manager and the BCC, that in the interim, the LDC would still be used for environmental review; do not try to submit HPO in current form to the County Attorney' s Office by 7/31; EPTAB will develop a time schedule for how to proceed for the comprehensive management NRPA/HPO program. EPTAB will develop and follow this schedule, unless they hear otherwise from the BCC, County Manager, or staff. Motion passed unanimously. Mr. Land requested that Mr. Beardsley review the comp plan, check dates, etc. ; also outline management plans. Mr. Land also requested that the EPTAB officers develop this schedule/time frame. 7 . Meeting was adjourned at 5: 55 p.m. ENVIRONMENTAL POLICY TECHNICAL ADVISORY BbkRD• Minutes of 29 June 1992 Present: Gary Beardsley David Lando David Wilkison Larry Richardson Mike Davis David Maehr, :, ! , 1;; Steve Means Michael Saadeh L t'� t;: ; , Absent: Glenn Simpson Tony Pires 1 David Addison County Staff: Bill Lorenz, Fran Stallings and Kevin Dugan Public: Nancy Payton, Barbara Cawley and John Lee ***************************************************************** 1. Meeting was called to order at 1604. David Maehr chaired. 2 . The chair opened a discussion on public participation during regular meetings. Several members felt the public should interact, however, proper procedures should be followed. It was suggested that at certain times during the meeting that the public be recognized and allowed to speak on the topic at hand. David Land proposed the Motion: at the end of each topic, open the meeting to public participation before the vote. Also at 5:45 open the meeting again to public participation. Gary Beardsley seconded the motion and it was unanimously passed. 3. Under Old Business, Bill Lorenz discussed the NRD work Plan. A general discussion ensued as Mr. Lorenz was reminded by Mr. Beardsley of the lapsed times in the Comp plan. David Land brought up the HPO deadline of 26 July 1992. Management plans were discussed. Mr. Land suggested that the HPO be completed as an interim plan and then bring in the NRPAs. Staff agreed to send the latest update to the EPTAB members with an appropriate cover letter stating this will be the final draft. Several members of the development community also requested copies. David Land distributed handouts dealing with the GOPs of the Comp plan and how they might be attained. He asked for comments on these at a future meeting. 4 . The meeting was opened to the Public at 1750. Nancy Payton requested more printed information be available to the public during the meetings. Barbara Cawley requested the comments from the workshop. She also stated she does not like the current draft HPO. She went on to express concern for the lack of landscape credits. John Lee expressed concern about the language in the HPO "at a minimum 25%. . . " He also raised the question of how much RUE habitat is already in public ownership. He ended his comments by reminding the Board that they are a Policy board. The public meeting was closed 1807 . 5. A discussion was carried out by several members concerning a letter written by Mr. Beardsley to the Chairman of the County Commissioners 6. Topic for the 13 July 1992 meeting included; A. NRPAs what approach B. North Golden Gate Estates 7 . Meeting adjourned at 1848 . MEMORANDUM Date: July 6, 1992 To: EPTAB From: David B. Land Subject: Planning EPTAB's Future Work Schedule/Organization CC: Bill Lorenz Although I return Monday, July 13, from vacation, it is very probable it will not be in time for your meeting. Perhaps that is best. Then you can be critical of my suggestions and ideas without worrying about hurting my feelings. (Which of us ever would go back and listen to the tapes to know what was said about us in our absence?!) However, I did want to elaborate a bit on the issue of time commitments and numbers of meetings. I know there are a number of EPTAB members who feel that our job is to provide general guidance and then review product turned out by staff. This, they feel, should be able to be satisfactorily done in 1-2 meetings per month. Perhaps in a year or so, I would agree. Today, given where we are with the Comprehensive Plan compliance and where we must get to in the next 12-18 months, I do not. Let me explain. First, if you go down the list of Comprehensive Plan products which have policy implications, we have only scratched the surface. We gave virtually no substantive input in the Coastal Management Plan document recently approved; we have focused on an HPO, land acquisition, and NRPA's to a degree. We have done nothing on mining, soils, air, endangered species, estuarine protection, recharge area protection, etc. Second, while it is appealing to think we can give staff some general direction and they will come back with a document in short order which is 90 percent what we want the first or even second time, that is not my experience. With a group with as disparate opinions as ours, every task will require iteration upon iteration if we proceed in this manner. If we have no time deadlines (either environmental, legal, or other), then a long-term iterative process is fine (although no doubt frustrating to staff). In my opinion we don't have unlimited time to complete all the Comprehensive Plan's tasks for which we need to provide guidance and review. My fear is that if we proceed with the long-term, multi-iterative process as we now are, at some point, either the EPTAB Planning EPTAB's Future Work Schedule/Organization Page 2 Commission, DCA, or the courts will force us into an unrealistic completion time frame. The resulting products will have a high risk of being highly flawed. The only recourse to interested parties will be to try to change the products in the Commission chambers. That is the absolute worst place to try to draft or make substantive changes to sound, integrated policies, regulations, and programs for something as complex as the environment. It has been my experience that the only way to effectively speed up the process is for the advisory board to take a more active role. This typically includes attending more meetings, personally assisting in the development of background data, and actually drafting ordinance language, positions, etc. Does this mean that all members of EPTAB must participate at a high and the same level? No. But some must be willing to do so, with at least one representative from each major faction or interest represented on EPTAB. In addition, our time can be reduced if we pull in non-member citizens whose views may be similar to ours, or who have special knowledge or talents or simply time which can augment our members. I think there are plenty of people out there who would be willing to participate with us in this manner. In summary, I guess my proposed course of action regarding meetings, time schedules, etc., is motivated by two considerations: - When poor environmental ordinances, standards, programs, etc., are adopted and don't work, I don't want people saying: "Where was EPTAB? What do you mean, you didn't bother to review or evaluate that?" - I joined EPTAB because I truly wanted to help develop policies that would give the County a sustainable environment and a nice place to live without abrogating our responsibility to share in the provision of food, clothing, shelter, and recreation and without unfairly penalizing property owners and other citizens. I honestly feel these are realizable only with considerable organization and time commitment. Thanks and good luck on Monday. DBL:rf NO'I'h: Written but not reviewed by David B. Land ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: Monday, July 13 , 1992 PLACE: Building H - 3rd Floor Collier County Courthouse TIME: 4: 00 p.m. I. Call Meeting to Order II. Roll Call III. Approval of Minutes IV. Old Business A. David Land' s proposal of June 26, 1992 V. New Business A. Development of NRPA with specific attention to North Golden Gate Estates VI. Public Comments VII. Adjournment MEETING SCHEDULE: July 27th - 4 : 00 p.m. - 3rd floor Building H - Courthouse Complex MEMORANDUM DATE: July 13, 1992 TO: EPTAB FROM: DAVE MAEHR SUBJECT: NORTH GOLDEN GATE ESTATES SUBCOMMI I"I'EE MEETING FOR JUNE 2, 1992 Attendance: Bob Gore, Mathias Tari, Mike Slayton, David Land, Dave Maehr. Gary Beardsley was absent but provided many useful materials for our discussion. The Golden Gate Estates is an area that is unique from an ecological as well as a sociological perspective. A combination of nearly insurmountable environmental problems and its recognized value for water recharge, subtropical vegetation, and wildlife have placed the southern portion of this hugh development on the State's list for acquisition. Rapid development of the northern portion of the "Estates"has created a more difficult dilemma if terms of preserving or restoring environmental functions. Any efforts to maintain or enhance the northern Estates (from a natural resources standpoint) must consider the residential nature of this development. Attached to this report is an excerpt from L. Carter's (1974) book,The Florida Experience, describing the evolution of a still controversial subject: The Golden Gate Estates. A consensus was reached on several subjects concerning the future of the Northern Golden Gate Estates. 1. There is substantial habitat remaining particularly south of 14th Avenue Southeast that is functional and valuable in and of itself. 2. Because the Estates are important to water recharge for surrounding agricultural and urban uses, as well as the city of Naples. It is beneficial to the public of Collier County to keep as much of the north estates as possible in forest cover. 3. An approximate 6 sections north of I-75 area that is sparsely inhabited has recently been recognized as important black bear habitat that supports resident breeding individuals. 4. Because housing density is increasing rapidly in the Northern Estates, drastic changes in water management practices directed toward restoring historical sheet flow are impractical and very unlikely without tremendous financial subsidies. 5. Outside of the area, south of 14th Avenue Southeast, habitat is valuable for water recharge and wildlife and should be examined for the potential of protecting our archipelago of small preserves that could range in size from portions of individual lots to clusters contiguous properties. We recommend that EPTAB accept that maintaining habitat quality in the northern Golden Gate Estates is important to the welfare of residents of Collier County. Further, several avenues for protection should be recommended to the BCC for investigation. These include: 1. Acquisition of a core preserve area that is contiguous with the Southern Estates and the Florida Panther National Wildlife Refuge (interrupted by the Ford Test Tract which regularly is used by bears and panthers). This acquisition should also include the eastern 1/3 of the North Belle Meade area because of the importance of this vegetation to wildlife. 2. Examine the feasibility of a non permanent, renewable (10 years?) conservation easement on Northern Estate lots that would provide a 25-100%tax reduction per unit area on developed lots where 50-90%of the lot is left in native cover. And, a 100% tax reduction on the back 100 feet of each lot that is left in native forest cover. 3. Examine the potential for purchasing habitat archipelagos of significant area that would act as wildlife-green space preserves as as low intensity recreation areas. 4. Explore the possibility of utilizing the Golden Gate Estates mitigation trust fund to direct acquisition efforts at strategic parcels. I FROM: LUTHER J. CARTER TEE FLORIDA EXPERIENCE: Land and Water policy in a growth state Johns Hopkins University Press, Baltimore 355pp. ii 4 GULF AMERICAN AND THE RAPE OF THE LAND. The Colliers emerged from the Depression with their huge inventory of land still intact, but with relatively little in the way of liquid assets. After the death of two of Barron Collier's three sons in the early 1950s, the family sold some of its land in order to pay estate taxes. The largest single sale was one of some 300,000 acres to the Gerry brothers of New York. Over the next fifteen years or so the Collier interests would dispose of all but about 400,000 of the 900,000 acres they once owned in Collier County. _ 232 SOUTH FLORIDA: THE PROBLEMS OF GROWTH • During that same period, the Gulf American Land Corporation, founded by brothers Leonard and Julius Rosen, was mounting what was to become one of the largest land sales businesses ever undertaken. Altogether, the land purchases made in Florida by Gulf American and its successor, GAC Properties, Inc. (in 1969 Gulf American merged with the General Accep- tance Corporation), would total some 371,000 acres, or 580 square miles. The Rosens' first project was in Lee County at Cape Coral, some 30 miles north of Naples, but by 1960 they were also active in Collier County. They bought large acreages from the Colliers and certain other interests, especially the Gerry brothers and the Lee Tidewater Cypress Company. Before the end of the 1960s, Gulf American's acquisitions in Collier County totaled 182,000 acres, or more than 284 square miles, nearly all in the Big Cypress (see figure 8-2). Some of Gulf American's early purchases were made at not much more than $100 an acre, if that. Yet, once subdivided into parcels of 11/4 to 5 acres, the parcels would be resold on installment at prices many, many times that amount. The company would, for instance, first offer a 11/4-acre lot at $2,545, then later raise the price still higher and thus create the illusion of a rising market. In truth, every additional swamp lot sold made such property increasingly a glut on the resale market. Indeed, the resale market for most of the tens of thousands of small parcels of land sold in the Big Cypress by Gulf American and other land sales companies has been pathetically weak, if such a market can be said to exist at all. The largest of Gulf American's promotions in Collier County, and one that today remains of critical importance to the future of the western Big f t. Cypress, is "Golden Gate Estates.„ This enormous subdivision of 113,000 acres is located deep in the Big Cypress, the greater part of it 15 miles or more from Naples. Land in Golden Gates Estates was sold on installment (with monthly payments over as long as twelve and a half years) in parcels of 11/4, 21/2, or 5 acres that could some day—or so the land salesmen claimed—be resubdivided by the buyer and resold at a profit. Gulf Ameri- can offered the land neither as finished "homesites” in a well-planned new community nor as unsurveyed, inaccessible swampland, as in the "raw land" subdivisions marketed by the multitude of small land sales corn- , panies active in the eastern Big Cypress. Instead, Golden Gate Estates was 4. In 1970 the GAC Corporation of Miami, a conglomerate with interests in land development, finance, mortgage banking, insurance, and other fields, led all other Florida companies both in sales and in assets. Since then, GAC, partly because of s`. reverses suffered by its land sales and development subsidiaries, has fallen into serious financial and legal difficulties.The company is heavily in debt. is the defendant in several law suits (including one by the Attorney General of California arising out of GAC's land sales operations in Arizona), is being investigated by the U.S. Department of Hous- ing and Urban Development, and is under order by the Federal Trade Commission to make financial restitution and other concessions to many land purchasers.The company's ;. problems are set forth in some detail in the proxy statement sent to shareholders on November 9, 1973. 233 SAVING THE BIG CYPRESS .N CAPE CORAL W. 0 10 20 30 1/41040,vry Z7 H1 Zion NUM .'.Y,` Ilig �onibel\ Estero lEE -I I II Qmnokale } �1 I Bunker Hill: y • I Vii,) Bonds � $SpringsI�, \�< Harker� -, ` JI f :.. ...1.) 1 HENDRY y \ $unnllond Gulf • �:. "�\\` s ig C:OLLIER s 111 C .•',ColdenGa ??>~.f M f `:: p NoP k GOLDEN ' t%; f!^`'4" ©Eto Ft louderdol Parkway 1 }'e 'sk GATE ''`',, `` Mrles I< Cit ESTATES�� s,,' �;'I'`,' Mexico V \; 6 ; REMUDA RANCH I% R"_ „' '" GRANTS n yT h /too. Polm �:\ : Cooelo�d f MARCO I.'1 r •mmock -; :Cornestown i ' �Ts�- �ro V fi\\,�, Ochopee To oATITrOillt 1; rte: a•-� ,p- ,�0� Ever �ode'sCit 0 � i.z.?`Gulf American Corp. ?� >+ q Y �:L\*SSS.: P (GAC)holdings--T`-'T enoNROE--" f:ti.,._ ' Everglades N. P. -, 8.2 sr` -; 1 Land in Collier County acquired by Gulf American Corporation represented as land "semiimproved" by the construction of a grid of flood - - Y control canals and roads. In January 1972 Judge James L. King of the U.S. District Court in Miami '_ returned a judgment that tells much about Gulf American's promotional #`- tactics and strategy. He ordered Gulf American's successor, GAC Proper >;' r1 ties, to repay $23,000 to John and Ernestine Vertes, a Philadelphia couple ,M- who had signed contracts in 1963 and 1964 for four parcels (three of them __: '' in Golden Gate Estates) having a fair market value of about $6,250 (at .?__` ' f most) today. In his written opinion, Judge King described the land sales ',_- dinners to which the Vertes had been invited by Gulf American some ten __ °r '`: years ago: When the meeting began the sales manager would make a welcoming - =:fir' speech and dinner would be served. During dinner the salesman at-:- .,,,.-1. each table would engage in conversations designed to elicit informa- °_` tion to determine which persons were the most likely prospects and to establish "an atmosphere of confidence." At one dinner, [the Vertesi were asked to fill out a questionnaire to determine their buying power. : 234 SOUTH FLORIDA: THE PROBLEMS OF GROWTH • -4.• • After dinner, [Gulf American] screened a movie featuring prominent sports celebrities and showing building and recreational activities in P.r- Florida. The movies were interrupted for a slide presentations owing general statistics of Florida's growth. Included were quotations from .:; prominent historical figures concerning the advisability of owning land and its almost constant appreciation in value. After the movies and e slides the manager would turn the prospects over to the salesmen who would start with the most likely prospect. The salesmen were in- structed to, and did, emphasize the prospect of increased value of the land to be sold, and the probability of profit on resale. . . . When a prospect indicated an interest in a particular lot the salesman would jump up and shout to the manager, "Put a hold on [the lot under con- sideration]." The manager would acknowledge a "hold" for five or ten minutes. At the end of that time, he would shout to the salesman I, to inquire whether he could remove the "hold" and the salesman would renew pressure on the prospect to sign. When a person signed ':n.. a contract to buy a lot, the sale was publicly announced and at one meeting a button was put on the purchaser's coat. The purpose of all these showmanship techniques was to create an "atmosphere of urgency. The judge concluded that the Vertes—he was a crane operator and she was a telephone company employee—were people of limited business ex- perience who had been misled by a sophisticated sales organization into believing that the swamp land in which they were investing lay in the "path of progress." As pointed out in an earlier chapter, Florida land sales scandals go back at least to the turn of the century and have been the subject of recur- ="lc rent journalistic exposes and legislative investigations. The misrepresenta- • tions of Gulf American were cited in the congressional hearings of the mid-1960s that led to the passage of the Interstate Land Sales Full is- `` ' closure Act of 1968, a statute which, while stopping some abuses, has not done much overall to stop unscrupulous practices.° >F'Y 5. Final Judgement and Memorandum Opinion in John A. Vertes and Ernestine W. Vertes v. GAC Properties, Inc. No. 70-416-Civ U.S. District Court, S.D. Florida, Miami . Division, January 26, 1972. 6. The act requires that prospective buyers of land be given a "Property Report" • containing such pertinent information as whether the land is encumbered by mortgages and whether it is accessible and suitable for development. These reports. though meant to keep the buyer from being misled, can themselves be misleading. For instance, the • report issued by GAC Properties, Inc.. in 1971 for three units in Golden Gate Estates r said that "telephone services will be made available by the franchised utility." A couple who built a home in Golden Gate Estates in 1969 learned from the United Telephone . e- Company of Florida that telephone service would indeed be available to them—at a connection charge of$2,880. Unable to pay so high a fee, they had to forego a telephone. which turned out to be no mere inconvenience in 1971 when, for a sixty-day period, • forest fires were raging all around them. 235 SAVING THE BIG CYPRESS .4, F In March 1974, GAC, formally consenting to an order of the Federal Trade Commission, agreed to make partial restitution—totalling perhaps as much as $17 million—to some purchasers who, after signing contracts to buy parcels in Golden Gate Estates and certain other Florida and Arizona subdivisions, later defaulted after making payments over a long period. The order also provides that, besides making water and sewer improvements or offering lot exchanges wherever necessary to ensure past buyers of usable homesites, the company must stop various misrepresentations, such as offering lots as good speculative investments.' Yet, as the Vertes case illustrates, many of those who have bought land in the Big Cypress have simply been small speculators who have had the misfortune to become the victims of other speculators bigger and more worldly than themselves. Much of the public attention given to the plight of such victims might have been more usefully directed at the damage done by some of the land sales companies to the land itself. Extraordinary damage to land and water resources has been caused by the Golden Gate Estates project. This subdivision stretches 25 miles from north to south across the Big Cypress in a long and generally narrow • rectangular configuration, although toward its north end it also extends some 13 miles from east to west. With no more than a few dozen families living there ten years after the sale of the first parcels, the project is a vast, ready-made ghost town. The ghosts are served by 171 miles of canals and _` 807 miles of roads. Since Golden Gate Estates was promoted largely as =r investment acreage, it would have made sense, if such promotions were to be allowed at all, for the county and state to have insisted that the land itself remain undisturbed pending definite proposals for its use and de- velopment. Instead, Gulf American was allowed—indeed, apparently en- couraged—by the county to file plats and legally commit itself to install the grid of roads and canals according to a definite schedule, which ap- pears to have been observed more or less faithfully. The draglines and Ti =ZF bulldozers, together with a giant "treecrusher" machine capable of flatten- ing a forest right into the mud, began work in 1962 and this work was still in progress in the spring of 1974, although by now the greater part had been ;y completed. Many knowledgeable people in Collier County and in Talla- hassee have known that construction of the roads and canals was altering the western Big Cypress irreparably, and for no defensible or even as- certainable purpose. Anyone flying over this region and seeing the grid ' of white limerock roads extending far into the distance could only marvel 7. State regulation is also beginning to catch up with the problem of protecting the land buyer from unscrupulous sales practices. A law enacted in 1973 established im ;• portant new conditions that have to be met before a subdivision can be registered for sale. Local subdivision regulations pertaining to such things as the construction of t• streets and the installation of water lines must be satisfied. Also, the subdivider must have in hand all state permits related to dredging and filling and pollution control— '- permits without which usable lots could never be delivered. a; 236 SOUTH FLORIDA: THE PROBLEMS OF GROWTH • r . ft mer at what was afoot. Once the work began, it was as though some great h - mindless machine had been set in motion and was now beyond all power of human intervention. .': . The network of canals by GAC in Golden Gate Estates has impaired >.' freshwater resources, disturbed estuarine regimes, and contributed to • ` highly destructive forest fires. The U.S. Geological Survey has found that F; the water table has fallen 2-4 feet over a significant part of the western Big Cypress.° Further, according to some unverified reports, it has dropped } as much as 15 feet in certain areas near the Corkscrew Sanctuary and the '1' = farm town of Immokalee. Two major canals discharge fresh water from Golden Gate Estates into the Gulf of Mexico. In 1970 the USGS reported that one of them, the Golden Gate Canal, had been discharging 121/2 times the volume of water then used by the city of Naples.° In 1973 a draft report prepared by a team of investigators with the U.S. Environmental Protection Agency said that during 1970-72 the volume of fresh water lost ;;s through GAC's Fahka Union Canal (which enters the Gulf just to the west of the Everglades National Park) was equivalent to the total water needs of a` a population of nearly 2 million, computed at 100 gallons per person per day. y=- Yet USGS hydrologists say that, if present trends with respect to popula- Vfl lion growth and water consumption continue, Collier County will face t. . severe water shortages by the year 2000 unless all its ground water re- =Y' sources are fully used.'° Some of the water now passing to the Gulf via the GAC canal system < c would filter into the estuarine zone even without the canals, but it would 'F. come through a myriad of small rivers, creeks, and shallow depressions over a period of eight or nine months. While this extended "hydroperiod" enhances the productivity of the estuarine zone, productivity is reduced by great surges of fresh water from canals. For instance, the fact that Fahka Union Bay is less rich in marine life than the adjoining Fahkahatchee Bay is attributed partly to the massive discharges from the Fahka Union Canal. Furthermore, in the case of estuaries such as Naples Bay that have been polluted, the pollution is aggravated by incoming surges of fresh water. Stratification results, with the heavier, saltwater layer at the bottom not mixing with the lighter, better oxygenated freshwater layer on top. According to state foresters, the Golden Gate Estates canal system is a cause of the devastation wrought in the western Big Cypress by wild- 8. The system's effect on the aquifer is readily apparent from the map of the Shallow Aquifer of Southwest Florida (Map Series No. 53) published in 1972 by the U.S. Geologi- cal Survey.This map, prepared by Howard Klein of the USGS, shows ground water level contours markedly lowered in the vicinity of the canal systems during the 1971 drought. 9. H. Klein. W. J. Schneider, B. F. McPherson, and T. J. Buchanan, Some Hydrologic and Biologic Aspects of the Big Cypress Swamp Drainage Area. Southern Florida, 7d and 82. File Report 70003, U.S. Geological Survey,Tallahassee, Florida, May 1970, pp. 10. Letter of June 7, 1972. to the author from Thomas J. Buchanan, subdistrict chief, Water Resources Division, U.S.Geological Survey, Miami. 237 SAVING THE BIG CYPRESS fires. Cypress ponds that once remained wet throughout the dry season and served as fire breaks now become tinder boxes. During the drought . of 1971, fires swept fully a fourth of Collier County, including large areas '; within the Fahkahatchee Strand, which abuts Golden Gate Estates on the east. Yet, even in March of 1973, during a normal dry season, a major fire broke out in the Fahkahatchee near a Golden Gate Estates canal and raged fiercely. According to Ken Blackner, a district forester, the canal had caused an "artificial drought."11 If construction of the GAC canal system has been bad from a resource conservation standpoint, it has been little better from the standpoint of ,;: , preparing part of the Big Cypress for urbanization. Indeed, the canals and =. the accompanying grid of roads will hamper all future efforts at enlightened development. According to what Robert Wheeler, the Collier County sani- tarian, has told me, the road embankments act as dikes during the rainy season and retard runoff. Although placement of more culverts in the embankments would reduce the diking effect, the gradient of the canals is `> r so slight that drainage is slow in any event. During the wettest part of the year the water table remains at or near the surface. For this and other reasons, conventional septic tanks will not work in most of Golden Gate ,• ; Estates—a subdivision so vast that to serve a major part of it with sewers ti_ is not economically feasible today and may not be feasible a generation 'M hence. Also, the trouble and expense of maintaining the many miles of roads and canals in Golden Gate Estates represents a major problem for the county, which already has assumed responsibility for the larger part of the system. The roads deteriorate rapidly but they receive so little use that to maintain them really is pointless, especially when the cost has been put i= at more than $314,000 a year. As for the canals, they become choked with hyacinths and other nuisance vegetation if not tended to. If the road and canal system is to be maintained, it will probably be by virtue of imposing : :yy; . a special tax on tens of thousands of absentee lot owners. r ' 1-- CONFLICTING CONFLICTING INTERESTS AND GOVERNMENTAL INCOMPETENCE. The government of Collier County has, until recent years, been shot through r with potential conflicts of interest, although these can be viewed charitably as part of the legacy from the days when the county was literally owned F; by Barron Collier. Consider, for instance, the case of Harmon Turner, the Ff county's top nonelective official since 1946. Turner, who served as county _. engineer until 1966 when he became county manager (a position he still holds), is known as a personable and honorable man. But it is hard to credit him with the objectivity and broad professionalism that one looks for in the executive head of a modern county government. He first arrived in Collier }: 11. Ken Blackner, quoted in Associated Press article "Canals Increase Hazard of Wildlife, Forester Claims," Miami Herald,March 8.1973. 240 SOUTH FLORIDA: THE PROBLEMS OF GROWTH • I :' ' County as a graduate civil engineer in 1934, eleven years after the county :;i' s = was created, and he soon became a part of the Barron Collier organization. -', After his appointment as county engineer in 1946, Turner remained a j salaried employee of the Collier organization with the county paying him 'f` a dollar a year and billing the Colliers for such work as he performed. .i.4,1 t; This unusual arrangement continued until 1960, when Turner was finally .,; ` employed by the county on a regular basis. Later in the 1960s, Stanley W. Hole, once an engineer on the staff of "' f. Gulf American and afterwards an occasional consultant for GAC, became - -: chairman of the county's water management advisory board. Of all the `:`= %` potential conflict-of-interest problems that could be cited, however, none "y , was more glaring than that involving Norman Herren, who for many years ' ,' tP has been the top manager for the Collier interests. By the early 1960s, Herren was a member of the county planning board and several years ': iii`. after that he became chairman of the Coastal Area Planning Commission, : Z. the planning board's successor agency and the body responsible for ad- vising the Board of Commissioners about planning and development matters _ t, in most of the county. So here was Turner, who had been an employee of the Colliers since the mid-1930s, responsible for matters such as the review of the highly '.`_ questionable drainage plan for Golden Gate Estates, a project in which .,; ,, the Colliers retained a mortgage interest for some years after their land - '- sales to Gulf American. And there was Hole, a GAC consultant and one- . ; time Gulf American employee, responsible for advising the county commis- ,... as to the effects of such drainage. And, as for Herren, there he was, a leading member of the planning body that advises the county on a variety of matters that could affect Collier interests in the Big Cypress and elsewhere. At the same time, as the Colliers' manager, he was close to such dealings as the Colliers' joint venture with the Mackle brothers to develop Marco Island, a project involving dredging and filling on a scale even Carl Fisher could not have dreamed of. Herren was still chairman of the planning commission when I first interviewed him in 1971. He rejected the idea that there could be a conflict of interest. "Any time something comes up that involves one of our companies, I excuse myself," he ex- plained. The awkwardness of his position was evident, however, for the Colliers still owned a fourth of the land in the county. Potential conflicts of interest can exist even though the personal integrity of the individuals in- volved, as in the case of those mentioned here, has not been questioned. The county's governing body, the Board of County Commissioners, has until recently been largely in the hands of realtors and local politicians of the pork-chop school. In the early stages of the Golden Gate Estates project any county employee who questioned this undertaking found an unfriendly climate at the courthouse. In late 1963, William Clarke, the 241 SAVING THE BIG CYPRESS 11' • director of sanitation, was fired by the county commission. Wheeler, county's present sanitarian, told me that he believes Clarke was dismiss',. partly for raising serious doubts as to whether septic tanks would woi' at Golden Gate Estates. In 1967, four years after Clarke's departure, D Clyde Brothers, a retired Air Force officer then serving as county heal:, officer, was also forced to resign. In this case, too, Wheeler is convinced than the dismissal could be attributed at least partly to the fact that Dr. Brothe held that in this project septic tanks would generally be unworkable. The commissioners were no more ready for a conscientious profe.• sional planner than they were for a conscientious sanitarian or heal officer. During 1965 the Collier County Conservancy actually paid the sal: of a young planner whom the commissioners had been prevailed upon to` hire. He not surprisingly came to be regarded by developers as the "con- •`:: servancy's man," and the commissioners refused to allocate the mone': necessary to keep him after that first year. "I represented a shift from do', . as you damn please in land development to land use control arrangements,:.' ` William R. Vines, the dismissed planner who is today a prominent planning consultant in Naples, explained to me. Vines differed with the commis..., sioners on a number of issues, and took particular exception to the high density and commercial zoning that the commissioners had approved fo part of Golden Gate Estates. Later, however, partly as the result of the jetport controversy and south Florida's traumatic drought of 1971, the Collier County government came under increasing pressure to acquire greater competence in plannin: and control of land use. For one thing, strong federal and state interven' tion could now be expected, with the "feds" moving to protect the Ever-"_ glades National Park's watershed in the Big Cypress and the state demand: ing new land use controls generally. T"'= THE BIG CYPRESS NATIONAL PRESERVE - In 1971, even as the search for a new site for the jetport was going on, an i?,; Everglades Jetport Advisory Board created by Secretary of the Interior Rogers C. B. Morton was developing proposals for protection of they ,- eastern Big Cypress. In the spring of 1971 the board submitted to the secretary a report outlining alternative courses of action, and in November of that year President Nixon announced that legislation would be sub mitted to Congress for the creation of what ultimately was called the :: proposed 570,000-acre Big Cypress National Preserve.' Purchase of ease-::L 12. The name proposed by the advisory board was the Big Cypress National Fresh s Water Preserve. Seeking to appeal to the utilitarian instincts of the citizenry (and, especially of that part of the citizenry that is deaf to other arguments), environmental- ists nvironmental ists commonly stress the water conservation issue in their efforts to justify the preserve ; tion of interior wetlands. • 242 SOUTH FLORIDA: THE PROBLEMS OF GROWTH L E E IIi S.',. : , _ _ —.I Immgkoi• _ ^'':- < I _, Q i / "_-/. — —. 1 • •• • 0 •fr . . .::„:„: . . _,.:, .1. , 7/ OS • ,,, 4r "1 ; 977:::::::i Marco" —j/ ��_ 171-7:s'- ' k Ochopo �, � . ,rod;:!,e,„: v `=- �• le gip' ...• �. _ .w , Y T/ - ' Mexico �� �,! / . - (� r 4 _ / .� ,,Q -fir: Boundary originally proposed e<oEVERGLADES=o- 'o • k. for Big Cypress Area of Critical State Concern °., �-=-2": "'.;;4';" Lr NATIONAL_ Boundary finally adopted %; ,,,,, -- �• � jl _____` National Fresh Water Reserve boundary • YYPARK - ! - - - Fresh water swamps and mangroves %`',f,, -- r, 0 2 4 6 8 •Hammocks and prairie lands MILES :.:,•,•:•::;;;,:-..,..;High ground of the watershed and upland woods Major roads .-`" is A "Urbanizing areas" Canals 8.3 The Big Cypress critical area as first proposed and subsequent reduced boundaries ...,..1: as Immokalee, Ochopee, and Marco Island. Naples was the only com- ' -munity not included in this category. <• Set forth in the regulations were some general objectives followed _ by specific dos and don'ts for developers, with the regulations that were '1,`. to apply to wetlands and other floodprone areas being especially restric- 'I tive and demanding. The basic objective was to maintain in the Big Cypress fl - 'r 250 SOUTH FLORIDA: THE PROBLEMS OF GROWTH 'kDRAFT--Lower West Coast Water Supply Plan Appendix E v ' .: '¢f - ,,e' TABLE E-2. Population Projections , Utility for Collier Co ht i iii� r. \v Population Served i, VU \ G\ UtilityI \ 7/, 1990 2000 2010 \fi Collier County Utilities 34,204 54,509 112,737 v Naples Utility 39,293 49,299 72,367 Everglades City Utility 531 961 1,295Q)9 i : .,,' Florida Cities Water Company 4,751 8,271 14,766 .�,� ' Marco Island Utilities 10,453 15,739 27,164 0tP , VAS) f ((��_ 0 Immokalee Utilities 13,777 15,740 24,922 ' )_ ' d\I North Naples Utility 751 0 0 Ul vb �7 Domestic Self Supplied - 48,339 79,399 110,349 a=' Total 152,099 223,918 363,600 �fh ` - i:t, 'Illit ___„....-------- , ),. ,t, , IIVII ili 1 ''i , _ , (,^,tip ", \v,�; ,G A, ,� e ) Actual gpcd = PWSgpcd I(%PWSonly + (%PWSsup* 0.5) (E-1) i>---------- f, 0\ l V; where: , '�1� Actual gpcd = actual permanent resident per capita demand. ' rPWS cd = total public water supply um a el ermanent population ulation served. ,, PWSonly = Percent of population bya PWS for which the PWS is the sole ; source(expressed as a decimal). PWSsup = Percent of population served by a PWD which have individual wells for .,`4 ,� landscape irrigation (expressed as a decimal). Note: This is equal to 1 -PWSonly: `0,, - The Collier County Utilities PWSgpcd was used as proxy for the county's PWS , - per capita in domestic self-supplied calculations. This PWS had a percapita of 243 gpcd, and as it was assumed that 30 percent of the PWS customers have private wells for landscape irrigation (PWSsup = 0.3, PWSonly = 0.7), the per capita demand for 1: the wholly domestic self-supplied population in ollier County was calculated to be ,6..; , 286 gpcd. `(-4'- I) J PWS and Domestic Self-Supplied Demands Projected PWS and domestic self-supplied (including self supplemented) - demands are presented in Table E-4. These projections are based on the permanent ` resident population served forecasts shown in Table E-2, and the permanent resident - - per capita demands shown in Table E-3. 4. ,;::f'-'.. =:,..-.-1,- 1,V1 Vtlf fP':.' ‘t\"ti VP ''. v� :...,:.-7.;:c.,-.t4i,7 OD CI\CCP \O ' .;-..!,,y,,k!' . s \k..- VII . • l'"'R, 5 y Y� 3 "x *t ¢ ' ( RAF's sower West Coast Water Supply elan Appendix E fid°, ilAill' i vy vqk g � - ` \ TABLE E-23. 1986 Land Use in Collier :` ti o� f County. �� d\(kn c Land Use Acres . £F , `„ ii.N1)1 i Agriculture 145 543 le 1vi Gl, 1 -. Barren Land 5,225 • Iffv� ,01 Forests 109,935 " :h r tYtt Water �(,�� 6,284 `�' , AG, ' ,/if ``T' Rangeland 12,555 Urban Land 95,002 Wetlandscci 913,182, dl, , '' fsr ‘,i Total Area 1,287,726 q� , , ' Land Area 1,281442 VIQV r' ' Source: SFWMD, 1987. /f litik''',,i, , , 6 TABLE E-24. Collier County Comprehensive Plan Land Use Proj tions. 4/,'1A/i/ -1.4Comp. Plan 1986 Comp. Plan 1999 '4 Land Use Acres Acres Change n Acreage Agriculture 141,857 161,857 1,• (714) ,000 # �r Residential 32,737 48,832fflb 16,095 �`' Commercial 1,467 ___________ --2. 76 40 0 tkIndustrial ------ 2,782 v AGi�M1 1,599 (��Qp� 1 183 ¢ :Al. Vacant 579,340 24 — )1gfl 38,488 M. ,iv FPublicly Oyv ed 519,260 19 610 - � � 1 •�ti. `x J �Q � 300,350� : < Total 1,276,260 1, '76;16 scent Ag.land 11.1% 1 7% ,it,, j t '' . Source: Collier County Growth Planning Department, 1989. ,„ f 1 Lee Countyla lk \ < *: .0-/ Lee County has an area of 525,254 acres. In 1990, the county's agricultural i =r �, IV area consisted of roughly 22,000 acres of irrigated crops and y cs g p 118,000 acres non-irrigated pasture. Projections through the year 2010 have a maximum value o - approximately 30,000 acres of irrigated agriculture. Irrigated acreage expansion �': �Y ` expected to replace non-irrigated pasture, and land availability is not expected • limit growth of irrigated agricultural acreage within the projection period. '4: '' ► The current urban area is expected to remain relatively constant through '010` a ", 1' 6, as there are enough vacant areas within the current urban bounda, es toy ': accommoda.e projected growth (Lee County Dept. of Growth Mar gement,j8.8) ;�� ;-. A - , > {{ -- - ,t ,-, *�� t P k., , , .-9,11, "\'a it '44 \(i) = ..__-ci. * -",, A ` \� dc E-26 July 17 , 1992 <FIRST> <LAST> <BUSINESS> <ADDRESS> <CITY> RE: Draft Habitat Protection Ordinance Dear <PERSON>: Enclosed you will find the proposed final draft of the Habitat Protection Ordinance along with a statement of intent. This is the draft that will be presented at the next EPTAB meeting scheduled for July 27 , 1992 . Please review the draft carefully for this will be the final opportunity as a Board to provide input before the draft is sent to the County Attorney' s Office. Your written as well as verbal input is of value to us. If you have any comments concerning this draft, please do not hesitate to call me at 732-2505. Sincerely, Kevin H. Dugan Sr. Environmental Specialist cc: William D. Lorenz Jr. , P.E. , Administrator File The i udubon Society of New I . rk State, Inc. 4 Hollyhock Hollow Sanctuary, Route 2, Box 131 • Selkirk.NY 12158. 518-767-9051 NEW YORK AUDUBON SOCIETY July 17, 1992 Mr. Frederic Yarrington Box 425 Southport, CI' 06490 Dear Mr. Yarrington, Thank you for your follow-up letter regarding Hole-In-The-Wall Golf Club. You have really put together a good team for working on Cooperative Sanctuary Projects. The skills and interests represented on your resource committee will surely lead you to successful project implementation. Further, your initial plan of action is comprehensive and well thought out. We are pleased to see that you have set clear goals, tasks, and responsibilities, and that you are interested in pursuing certification for Hole-In-The- Wall. Enclosed you will find guidelines for each category of the certification process. These will help you to assess conservation and habitat enhancement efforts made by the course, and apply for certification. Again, the seven categories that make up the certification process are: Environmental Planning, Public Involvement, Integrated Pest Management, Wildlife Cover Enhancement, Wildlife Food Enhancement, Water Conservation, and Water Enhancement. Please submit a separate application for each of the seven Achievement Categories. A Request For Certification form is enclosed; photocopies will be accepted as well. Include detailed information, and any supporting documents or photographs relevant to your application. A certificate of achievement will be awarded upon meeting the required minimum standards in each category. When all seven categories have been certified, the course will become a Certified Cooperative Sanctuary. If you have any questions about these guidelines, or would like to talk more about projects undertaken by your course, don't hesitate to contact us. We look forward to hearing from you again. Sincerely, CAC*. (111,-4*-7. Jean T. Mackay Staff Ecologist The Audubon Society of New 1r ork State, Inc. Hollyhock Hollow Sanctuary,Route 2,Box 131 • Selkirk.NY 12158 • 518-767-9051 NEW YORK AUDUBON SOCIETY AUDUBON COOPERATIVE SANCTUARY PROGRAM GUIDE TO MANAGING A COOPERATIVE SANCTUARY Across the United States, golf courses represent some of the last "green spaces" for wildlife to use. The USGA alone has a golf course membership of over 8000 and many of those courses include habitat rich in local plant and animal species. Other golf courses which may be important sites for wildlife are disappearing due to lack of suitable habitat. Recently, many questions have been raised concerning the practices of golf course management and the effects of these practices on wildlife. The Audubon Society of New York State, Inc. and the USGA share a commitment to finding the answers to these questions through the Audubon Cooperative Sanctuary Program (ACSP). We feel that it is possible for wildlife and golf to benefit each other. This document is intended to help golf course personnel assess the possibilities for adopting projects to benefit wildlife in the management plan of their site. This is not meant to be an all inclusive document but rather to offer general information as a supplement to the suggestions each golf course receives as an ACSP member and to the updated information you will receive on specific environmental topics and management strategies as they relate to golf courses. DO YOU MANAGE FOR WILDLIFE? • There are many projects a golf course can undertake to benefit wildlife. These can range from simple bird feeding stations, the mounting of nestboxes for birds and bats, to managing woodlands, ponds, and the fairways, greens and tees for habitat enhancement. Every golf course is able to participate on some level in implementing plans for the enhancement of the environment. It is up to the course personnel to develop a long-range plan for implementation of both simple and complex management strategies. STEP 1 - GETTING STARTED • Your course is now a member of the ACSP. In your Cooperative Sanctuary Report from the Audubon Society of New York State, you are given a choice of many projects to pursue on your golf course to become certified. Regardless of what projects you decide to undertake, the first step is to form a Cooperative Sanctuary Committee or "resource committee." This committee should be a group of people that will volunteer their time and expertise to help manage the golf course for wildlife. Your committee members might be composed of interested staff, members of your golf course with an interest in wildlife, a bird watcher, gardener, or biologist from the community, nearby school, or college. Potential members might already belong to an existing committee such as your greens committee. One purpose of this committee is to provide technical advice as you begin implementation of specific projects. An even more important purpose of this committee is public relations. Don't hide your good deeds for the environment from your neighbors and community. These people will be your best spokespersons for your course. The Audubon Society of New York State does not specify who must be on this committee, nor does it require any particular meeting schedule. More importantly, think of this committee as a resource for information and support for your efforts. Choose people with whom you feel comfortable working and who will volunteer their skills for you. STEP 2 - DOCUMENTATION The second step to implementing and documenting your efforts is to establish records of your activities. If you do not already have general surveys or checklists of the kinds of wildlife and plantlife that already exist on your course, you will have no idea if your efforts are successful. These lists do not have to be complete in order to begin projects but may be revised as time goes on and new information is gained through the activities. Many golf courses might want to ask for help from their members in documenting species of birds, mammals, etc. while they are out golfing. For example, one of your members might belong to a local garden group that would be happy to come out and identify landscaped or native plants on the course. • As you implement projects do not forget to continue to document the results. If you erect nestboxes for bluebirds, try to monitor the boxes during the nesting season. As a member of ASCP we will also send specific information on these kinds of monitoring projects in future issues of Field Notes and other informational mailings. STEP 3 - HOW TO MANAGE FOR WILDLIFE Space, Water, Food and Cover Wildlife of all kinds require suitable habitat in order to survive. Habitat is comprised of four basic components: Food, Cover, Water and Space. A habitat area may be a few square feet for a spider or a few thousand acres for a bear. This requirement for space is different for all species but the area must also include food, cover and water or a species will not exist. SPACE The area that you manage for wildlife may be small or it may include many acres. Space, an important component of habitat, is the one you may have the least control over. However, when the other habitat components--food, water, and cover--are manipulated or enhanced, often the amount of space needed by wildlife is not so critical a factor. This manipulation may be achieved through projects such as landscaping with trees or shrubs of high wildlife food value, keeping dead trees for cavity nesting species or mounting nestboxes, building ponds, and other enhancement projects. By implementing these projects, you will reduce the amount of living space required by an individual animal and increase your chances of attracting wildlife to your property. When you are considering the kinds of wildlife you might attract to your course, remember to think beyond the boundaries of your property. Even though you may not own or manage a large acreage, the combination of your golf course and any adjacent land, may add up to suitable space and have an impact on population levels for a particular species. If your golf course land then provides the food, water and cover also needed by that species, you may be lucky enough to observe nesting or breeding on your small patch of land. The proper use and enhancement of the space you have is the key to successful management for wildlife. WATER The availability of water is essential to all wildlife, and providing it is often the key to attracting wildlife. Birds not only use water for drinking but need a water source to keep their feathers clean in order to retain body heat. Managing your water resources should be a full-year commitment to enhance the value of your golf course for wildlife. Most golf courses incorporate water into their design for both beauty and for the challenge of the game. Manmade water areas may be maintained with wildlife in mind as well. Management of water areas for wildlife and the game of golf can be a challenge. Run-off from fertilizer, pesticide, and herbicide applications can greatly affect the balance of plant and animal life in ponds, streams, and other water courses. Working with the USGA IPM system and Turfgrass Management Advisory Service may be the first step in determining how you will manage the water areas of your land with wildlife in mind. The simplest use of water for wildlife is the addition of bird baths in areas near your clubhouse or in the area you choose to place a feeding station. Small ponds are • also important wildlife features because of their shallow bottoms. Aquatic vegetation will provide cover for the many insects, amphibians, and reptiles that inhabit the pond. This diversity of life will attract larger mammals and birds to your course. Ponds must be monitored to prevent accumulation Df vegetative matter which will decrease oxygen in the water, kill pondlife, and create an eyesore for your golfers. Watercourses such as streams, creeks, and rivers should be managed by planting the banks with a variety of plants to prevent erosion and to provide food and cover for wildlife. The water should be free-flowing and obstructions removed periodically. Again, run-off into these areas should be evaluated and monitored. Marshes, swamps, and low boggy areas are best left alone and possibly incorporated into the design of your course. These areas provide valuable habitat for a variety of plant and animal life and may also be important areas of use for forest dwelling or meadow species. FOOD When people plan to attract wildlife, providing food is probably the first activity they think about. Manipulation of food resources may be as simple as setting up a feeding station, or a long term commitment to adopting a landscaping plan to include food plants of high value to a variety of wildlife species. Some things to consider when enhancing the food element for wildlife include: knowledge of the food preferences of different species; fruiting habits and seasonal availability of plant material; and selection of plants for food and cover. Some animals will eat a great variety of food items, while others eat only a few kinds of food. How a golf course plans its landscape, and even its mowing schedule, will directly affect food resources. Insects are a vital food source for many birds and mammals. If used indiscriminately on the course, insecticides will certainly prohibit the attraction of insect-eating birds and mammals. Keeping some areas unmowed or mowing seasonally will not only reduce maintenance costs but will provide excellent areas for beneficial insect populations. COVER Cover is a general term applied to the aspect of an animals habitat that provides protection for the animals to carry out life functions such as breeding, nesting, sleeping, resting, feeding, and travel. Anticipating the need for cover is related to planning food sources for animals because animals often will not come to food if there is not a protected place for them to eat it. Also, if a golf course uses only one kind of shrub or tree to landscape, the shape and form or fruit provided by that plant may only meet the needs of a few animals. Some projects to increase the cover availability in an area include: landscaping with a variety of grasses, flowers, shrubs, and trees; leaving dead trees as homes for cavity nesting species; building brushpiles; and mounting nestboxes. HABITAT MANIPULATION When providing water, food, attractandcover to If shrubs and and thought eesareust also be planted to given to the arrangement of these habitat elements provide food and cover, they should also be located near a water source to complete the habitat for wildlife. The key to managing a property for wildlife is diversity. While golf courses must be maintained for the game of golf, leaving the rough as grassland, woodland, marsh or other native habitat will do much to promote wildlife on your course. An important component of habitat is referred to as the "edge effect". Edge or ecotone are terms applied to the zone where two habitat types meet. The zone between the forest and a grassland often supports the greatest diversity of wildlife and plants. Here animals will find cover in the forestinclude areasey lll also that areea mle ixto offorage in wildflowerse grassland. A management plan should the border between a marsh and shrubs, and trees, with mowed and unmowed areas, meadow or even the understory of your mixeswoodlanddiverse l landscape. It is possible to s, water featuresecreate the b,and tat you find in your natural areas by i clud n g meadows throughout your play and non-play areas. INTEGRATED PEST MANAGEMENT Audubon strongly recommends implementation of an IPM program in your long- term plans for wildlife. It does not make sense to mount nestboxes for insect-eating birds only to have their food source eliminated along with turfgrass problems. You may already be practicing some IPM techniques if you are scheduling your mowing to control certain insects, using organic fertilizers or pesticides, or spot-treating areas when you first see a turf problem develop instead of broad spectrum applications. Again, the USGA can advise you in this management area. SUMMARY At first glance creating habitat for wildlife may seem a large task and one that does not easily fit into the busy day of running a golf course. We recommend starting with basic projects that incorporate some aspect of providing food, cover, or water for the wildlife in your area. If you keep the basics of habitat uppermost in your plans, you can't go wrong! ENVIRONMENTAL POLICY ADVISORY BOARD Minutes of 13 July 1992 Present: Larry Richardson Glenn Simpson David Wilkison Mike Davis David Maehr Gary Beardsley Steve Means Tony Pires Absent: David Land Michael Saadeh David Addison Staff: Fran Stallings, Maura Kraus, Kevin Dugan, Kim Polen Public: Nancy Paton, Chris Straten, Bill Brannon, Chris Ramsey **************************************************************** 1. Meeting was call to order at 1612 by Chairman Simpson. 2 . Under Old Business, Fran Stallings reiterated the date for the final draft of the HPO as being in the County Attorney' s Office by 31 July 1992 . He stated that the EPTAB members would be sent copies by 17 July 1992. 3 . Under New Business, David Maehr handed out a Memo concerning the the recommendations of the NGGE NRPA sub committee. The discussion concerning this memo took up the bulk of the meeting. The point was raised that the state and federal regulators should have more input into the NRPA concept. The NRPAs should be explained to them and would they be willing to accept them. It was pointed out that more information was required about specifications before calling in the regulators. The issue was brought up that the hand out should act as the foundation and a beginning for adopting the specific area as a NRPA. Steve Means recommended a fifth item be added and proposed the Motion: Implement a stormwater utility for the NGGE for the funding of a program to increase the hydro-period, enhance ground water recharge and provide adequate flood control. Tony Pires seconded the motion and it was passed unanimously. 4. The subcommittee was then directed to map the specific area for the NRPA. The meeting was scheduled for 0800 Wens. 15 July 1992 , at the offices of the Fish and Wildlife Services. 5. Steve Means asked about the definition of "viable, functioning habitat" in relation to the proposed HPO. 6. Tony Pires raised the question about members faxing material to each other as a possible violation of the sunshine law. 7 . The meeting was then opened to the public. Nancy Paton inquired if the faxes were available to the public, and if so where could they be obtained. Fran Stallings replied that as long as the ESD was copied, they were available at Bldg. H. 8 . The agenda for the 27 July meeting was set for A. NRPA map B. Proposed draft HPO 9. Meeting was adjourned at 1855. ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: Monday, July 27, 1992 PLACE: Building H - 3rd Floor Collier County Courthouse TIME: 4 : 00 p.m. I. Call Meeting to Order II. Roll Call III. Approval of Minutes IV. Old Business A. Review proposed Habitat Protection Ordinance V. New Business A. Review map of proposed NRPA B. Definition of "Viable Functional Natural Habitat" VI. Public Comments VII. Adjournment Mr. Fran Stallings, Ph.D. 'tura] Resources ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF AUGUST 10, 1992 Present: Larry Richardson Glenn Simpson' " , David Wilkison Mike Davis e, David Maehr Gary Beardsley' AUG i, Steve Means Tony Pires jiA7 �: i 192 David Land Dave Addison %` W .iUU?C r Absent: Michael Saadeh i `liE" a Staff: Bill Lorenz Fran Stallings Maura Kraus Mac Hatcher Mercedes McCallen Dick Hartwell Kimberly Polen Public: Nancy Payton Ben Walker Michael Landuf Barbara Jenkins Wayne Jenkins Tauni Roster Chris Straton ***************************************************************** 1. Meeting was called to order 1610 by Chairman Simpson. 2 . Discussion of advisory board term expiration date (9/30/92) for David Land, David Wilkison, and Michael Saadeh. 3 . Approval of July 27 , 1992 minutes. It was noted that several people had not received minutes. Gary was missing the July 13 meeting and Larry indicated that his correspondences were being mailed to their old address. Mike Davis and Dave Wilkison indicated that they were excused from last meeting and were not absent as the minutes implied. 4 . New NRD staff was introduced to EPTAB (Mac Hatcher, Mercedes McCallen, and Dick Hartwell) 5. Fran Stallings presented the proposal for the establishment of Natural Resources Protection Areas (NRPAS) for Collier County (directed by the GMP; Objective 1. 3 and associated policies) . - Dave Maehr and Larry Richardson indicated that acquisition had previously been addressed by EPTAB, approximately 6-7 months ago, (and they had done a good job on it! ) and this would fall into this program/process. - Bill Lorenz and Fran Stallings discussed the delineation of areas proposed to protect and the reasons for protection (protection goals) and how this would go through the review process. RECEIVED Naples Hole,Montes&Associates,Inc. Ft.Myers F_ngineers I Planners/Surveyors Bonita Springs AUG 18 1992 August 12, 1992 Board of County Commissioners Ms. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, FL 33962 Re: Environmental Policy Technical Advisory Board (EPTAB) Dear Ms. Filson: Please consider this my letter of interest to serve on the Collier County Environmental Policy Technical Advisory Board. I believe both my public and private experience, both here and outside Collier County related to land use, planning and policy, would enable me to make a valuable contribution to this Board. Attached please find a copy of my resume highlighting relevant experience. Thank you for your consideration in this matter. Very truly yours, HOLE, MONTES AND ASSOCIATES, INC. /1/W,(Al-f/O,Gt4eno5 Robert L. Duane, A.I.C.P. ° 5113p, g ci Planning Director LI ? (I) 1/9)9 Attachment cc: Stanley Hole Sergio Montes RLD:pam 715 Tenth Street South,Post Office Box 1586 I Naples,Florida 33939 I (813)262-4617 / FAX(813)262-3074 ROBERT L. DUANE, A.I.C.P. Education Kansas State University Master of Regional and Community Planning 1975 Kansas State University Bachelor of Science in Economics and Business Administration 1973 Professional Registrations American Institute of Certified Planners - Charter Member, 1978 Professional Affiliations American Planning Association Florida Planning and Zoning Association Professional Experience As Director of Planning with HOLE, MONTES AND ASSOCIATES, INC. , Mr. Duane's area of expertise fulfills all aspects of planning and growth management with particular emphasis in the preparation of comprehensive plans, amendments to comprehensive plans and zoning ordinances, rezoning, DRI review, and preparation and implementation strategies tailored to the needs of individual developments. His responsibilities include directing the firm's planning department and the coordination of regulatory reviews with Collier County. Prior to joining HOLE, MONTES AND ASSOCIATES, INC. , Mr. Duane was Chief Planner for Collier County between 1987-89 where he coordinated rezoning and current plan review. Prior to that, he was Principal Planner for the City of Austin, Texas, where he headed up special project reviews, small area studies, and zoning ordinance amendment reviews. For six years, between 1979 and 1985, he was Assistant Planning Director for the City of Sanibel, Florida, in the formative years of the implementation of their Growth Management Plan, where he initiated many important revisions to this plan, including wetland overlay protection districts, and revisions to the commercial and residential components of the Land Use Plan. Between 1975 and 1979, he was Senior Planner for the City of San Antonio, Texas, and for the City of Louisville, Kentucky, where he participated in the development of their comprehensive plans. His graduate studies and master thesis concentrated on the application of land use controls to implement growth management systems, further broadening his knowledge of regulatory issues. Mr. Duane is qualified as an expert witness in litigation ( pertaining to land use in Desoto, Sarasota, Lee and Collier Counties, and is also recognized as an expert on all aspects of growth management in Collier County and Southwest Florida. Professional Publications and Documents The following is a partial list of projects that Mr. Duane has either participated in or has been designated project manager for: Master Thesis - A Case Study of Growth Management Practices - Montgomery County, Maryland (1975) . A Comprehensive Plan for Louisville and Jefferson Counties - Kentucky (1978) . The Orange Drive Area Study - Louisville, Kentucky (1977) . The Commercial Land Use Element of the Sanibel Comprehensive Plan (1982) . The Interior Wetlands Conservation District - City of Sanibel (1984) . The North Mamar Area Study - Austin, Texas (1985) . The Golden Triangle Area Study - Austin, Texas (1986) . The Texas School for the Deaf Area Study - Austin, Texas (1986) . Floor Area Ratio Study - Austin, Texas (1986) . Amendments to The Vineyards PUD/DRI Development Order - Collier County (1991) . Planned Unit Development Rezoning & Master Plan Approval (1989/1991) - The Shoppes at Santa Barbara - Donovan Center - MOCAKE PUD - Brentwood PUD - Crestwood PUD - Neapolitan Park PUD - 951 Commerce Center Collier County Growth Management Plan Amendment for North American Properties (1990) . Collier County Growth Management Plan Amendment for the J. D. Nicewonder Commercial Center (1991) . A report to the Commission for a recommended partition of land at the intersection of C.R. 951/ Rattlesnake Hammock Road. City Zoning and Planning will never be the same in Southwest Florida, an article published in Building Universe Magazine (January 1990) . References and Client List available upon request. ancy Anne Dayton 2069 River Reach Drive #414 Naples, Florida 33942 813/434-7406 EDUCATION 1970 State University of New York at Albany, New York B.A. in History, Education, and Sociology 1971 Katharine Gibbs School,Boston,Massachusetts EMPLOYMENT 1981-Feb. 1992 Vice President,International Society for Animal Rights(ISAR),Clarks Summit,Pennsylvania ISAR is a pioneer in promoting animal protection through legislative,educational,and legal campaigns. • Designed,wrote,and produced all publications including the quarterly newsletters, annual reports,and action alerts. • Identified,documented,developed,and implemented programs. • Supervised fundraising through membership development and cultivation of major donors. • Supervised program and support staff. 1978-1981 Humane Issues Analyst, Massachusetts Society for the Prevention of Cruelty to Animals (MSPCA), Boston,Massachusetts MSPCA is the largest humane society in the United States offering a complete range of animal protection services: shelters,clinics,hospitals,law enforcement,and advocacy. • Identified,developed,and implemented all state and federal advocacy campaigns including documenting issues,drafting legislation, presenting testimony,and lobbying government officials. • Regularly wrote articles and commentaries for ANIMALS Magazine,the MSPCA publication. 1975-1978 New England Coordinator,Fund for Animals(FFA),Boston, Massachusetts 1973-1975 Volunteer FFA,founded and lead by Cleveland Armory,is a national leader in the animal protection movement. • Initiated advocacy campaigns and organized local activists. 1973-1978 Pine Street Inn,Boston,Massachusetts Pine Street Inn is a long-established "home for homeless" persons. • Coordinated the clinic program and assigned beds. 1973-1976 Assistant Director,South End Project Area Committee (SEPAC), Boston, Massachusetts SEPAC was a unique,federally-funded citizen advocacy organization permitting community input and approval of urban renewal projects. • Wrote and produced the newsletter; mediated conflicts between residents and government agencies; lobbied elected officials; supervised the office. 1972-1973 Administrative Assistant,Angell Memorial Animal Hospital, Boston, Massachusetts 1971-1972 Administrative Assistant, Boston University,Boston, Massachusetts RECEIVED AUG 1 4 1992 COMMUNITY DEVELOPMENT Board of County Commissioners CORPORATION OF SOUTHWEST FLORIDA August 13, 1992 Ms. Sue Filson Administrative Assistant Board of County Commissioners Building "F", 3rd Floor 3301 E. Tamiami Trail Naples, Florida 33962 RE: Collier County Environmental Policy Technical Advisory Board Dear Ms. Filson: By way of this correspondence, I would like to place myself in contention for the position currently available on the Collier County EPTAB. I believe my knowledge of the Collier County Growth Management Plan, in addition to my experience and education in Land Planning qualify me as an excellent candidate for this Advisory Board. By way of my attendance at the EPTAB meetings, I am familiar with the diverse issues, concepts and personalities that must be dealt with to achieve the Goals and Objectives of EPTAB, the Growth Management Plan, and the residents of Collier County. I would appreciate the opportunity to serve Collier County in this manner and look forward to your comments on this s=gib ;ittai. Sincerely: John D. Lee Planning Coordinator Community Development Corporation of S.W. Florida 1100 Fifth Avenue South• Suite 401 • Naples,Florida 33940• (813)649-1952• Fax:(813)649-7597 JOHN DAVID LEE 1129 Lakeshore Drive Naples, Florida 33940 813-263-8544 GOAL Position on the Collier County EPTAB EDUCATION Bachelor of Science Urban and Regional Planning Southwest Missouri State University EXPERIENCE 3/91 to present Community Development Corporation of S.W. Fla. Naples, Florida Planning Coordinator - Responsible for coordination of developments through governmental approval process and other land planning related tasks 8/89 to 2/91 Hole, Montes and Associates Naples, Florida Planner II - Assembly and submittal of advanced development projects, multi-level project management, extensive client interaction 6/89 to 8/89 Hole, Montes and Associates Naples, Florida Assistant Planner-Assistant to Planning Director, submittal preparation, summer intern position 7/87 to 5/89 MacLachlan Construction Springfield, Missouri Project Manager - coordination and estimation of construction and renovation projects,full time position while attending college full time PERSONAL DATA Married, 32, excellent health Additional references furnished upon request RECErvE® AUG 1 4 1992 \Tineyards Board of County Commissioners August 12, 1992 Sue Filson, Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, FL 33962 Re: Environmental Policy Technical Advisory Board Dear Sue: In response to your letter of July 31 , 1992 regarding the expiration of my term on the above-referenced Board, please be advised that I have decided not to seek reappointment for another term. I respectfully submit my resignation. Sy On the other hand the County has an opening on the Environmental Advisory >` Board (EAB) tpat is of interest to me. You currently have my resume on file and a copy of my voter's registration. Please process my request for consideration. Thank you for your cooperation in this matter. If you have any questions or need any additional information, please don't hesitate to contact me. Sincerely, Michel Saadeh, Vice President Development and Operations MS/sw Vineyards Development Corporation 98 Vineyards Boulevard Naples, Florida 33999 (81 3) 353-1551 • Fax: (813) 455-5057 COLLIER a ENTERPRISES = = F 601 E. MAIN ST./P.O. BOX 738, IMMOKALEE, FL 33934/PHONE 813/657-6122 RECEIVED August 13, 1992 AUG 1 4 1992 Board of County Comlissioners Ms. Sue Filson Administrative Assistant Board of County Commissioners Collier County Courthouse Complex Naples, Florida 33962-4977 Dear Ms. Filson: I would like to be considered for reappointment to the Environmental Policy Technical Advisory Board. When evaluating my application, I would ask that the Commission contact Bill Lorenz, fellow members of EPTAB, and the citizens who frequently attend our meetings as to their input regarding my contributions over the past year. In addition, I would hope that since EPTAB is only one year old, that it is finally becoming more - focused, that- the current EPTAB members whose positions are currently available for appointment have only had the opportunity to serve one year, that EPTAB is presently involved in the development of numerous complicated and interrelated issues, and that the next year will be critical in the development of a long range environmental plan for the County, the BCC will heavily consider the need for continuity when making its appointments. • rely, A.02 David B. Land DBL:rf AGRIBUSINESS GROUP ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD Minutes of August 17 , 1992 Present: Gary Beardsley Mike Davis Dave Maehr David Land Absent: Glenn Simpson Michael Saadeh Larry Richardson Steve Means Dave Addison Tony Pires David Wilkison Staff: Bill Lorenz Fran Stallings Maura Kraus Jerry Neal Kevin Dugan Mac Hatcher Mercedes McCallen Dick Hartwell No Quorum. Coastal Zone Management Plan Public Hearing. Protocol on attachment I . BL-Discussed the status of the CZMP' s proposed implementation schedule. A breakdown was provided of staff time, costs and schedule for the various Ordinances, LDC amendments and related programs. GB-Questioned the time and priorities assigned to the Manatee Protection Plan as weighed against other projects and priorities. FS+BL responded by indicating that the BCC directed that a high priority be assigned and provided funding in order to meet the FDNR requirements for an approved MPP. GB-Cited a delay in the Collier County deadline of requirements for the MPP and questioned the delay. DL-Inquired as to how the MPP would be funded and whether or not grant funds were available. BL-Discussed the cost estimates and responded to a question by DL as to the adequacy of these estimates and whether or not additional funds may be required. JN-Questioned the LDC' s such as Wiggins Pass, Coastal Barriers, Sea Turtle Natural Resource protection policies due date for Sept. 1 and the estimated costs to pursue the development ordinance quorum for inlet management. DL-How will the Inlet Management Study effect CZMP cost assessment mechanisms for dredging maintenance, operations guidelines, beach renourishment? BL-Explained the costs may involve uncertain market values which are extremely difficult to assess undetermined developers/consultants costs projections. FS-Interjects that the process for implementation economic Mr. Fran Stallings, Ph.D. Natural Resources feasibility can't predict the potential costs, however the cost would eventually escalate in time, therefore it would be prudent to plan to implement timely cost benefits. JN-Expressed interest in the staff time cost of implementation and how changes could be imparted on the cost. JN-Wildlife, beach nourishment, are gray areas in the Coastal Element whereas, parking spaces is an area which can be clearly identified for implementation. GB-Sees a need to depict a 'big picture ' plan for Collier County Comp Plan and move readily on implementation. JN-BCC appreciates realistic costs associated with the breakdown of the development costs and anticipate any amendments to the Comp Plan to be justified. Public-MPP has been received well but the allocation of staff time for this particular project may be at the expense of other areas of concern. BL-Also included in the MPP boat survey are other concerns such as sea grass, manatee habitat protection-as in a manatee refuge per se, and marina site locations. All of which dovetail in with the MPP. DL-Suggested a computer model to synthesize the variables of monitoring, enforcement management, private, public costs should be considered in the implementation of the MPP. JN-Questions the County' s role in the 'No Wake ' designation for waters of the state. Public Eileen Arsenault-Asked if volunteers could be utilized for some tasks related to the CZMP. BL-Agreed that the volunteer program works well and is gathering momentum especially in assistance preparing several amendments for NRPA designations (eagle habitat, and MPP) . BL-Collier County is providing important resource related information to the public, including new residents through the telego survey which identifies issues such as property rights, water management, any changes to the Comprehensive Growth Management Plan and effects to the public and private sector. DM-Finished business, end public hearing. CHRISTINE D. STRATON 1441 Gulf Coast Drive Naples, Florida 33963 597-8849 August 26, 1992 RECEIVED Ms. Sue Filson Administrative Assistant �g�2 Board of County Commissioners Qua z 3301 E . Tamiami Trail Naples, Florida 33962 Board of County C0'11m1S51otl2rc Dear Ms. Filson: RE: EPTAB Openings Please submit my name as a candidate for one of the three openings for the Environmental Policy Technical Advisory Board (EPTAB) . Attached is a resume. I should be accepted for EPTAB for the following reasons: 1 . I have already been actively involved with EPTAB and as a citizen have provided input on the Coastal Zone Management Plan, Habitat Protection Ordinance and Natural Resource Protection Areas . 2. I regularly attend EPTAB meetings and have a better attendance record than some members. 3. I have participated in the current round of amendments to the Land Development Code and thus have a working knowledge of the LDC. 4. As a retired executive from the telephone industry, I have extensive experience in organizing , planning and dealing with complex issues. 5 . As a young retiree, I have three precious attributes : time, energy and objectivity. I can devote the necessary time and I am not employed by either the environmental community or the development community. 6. In the interest of broadening EPTAB ' s membership which is currently all male, consideration should be given to qualified female candidates; like myself . Sincerely yours, (L)14)/2 40 /'~~\` Resume � Christine D. Gtraton / 1441 Gulf Coast Drive \ Naples, Florida 33963 813 597-8849 Education 1979 M.S.- Management Pace University, New York , New York 1970 B.A.-Economics Oakland University, Rochester, Michigan RETIREE ACTIVITIES 1992- Co-founder of Friends of the Bald Eagle. A non-profit organization dedicated to educating the public about the bald eagle and its habitat requirements. Activities include educational materials and a slide presentation for schools and organizations. � 1991- Board of Directors-Creative Recycle l� `~- A non-profit organization dedicated to creatively reusing materials normally thrown out . 1988- Adult Education Coordinator at Landmark Estates. Established State of Florida subsidized adult ed program within private community. 1988 Vice President Landmark Estates Homeowners Association. Led incorporation of home owners group . EMPLOYMENT 1985 Retired . 1982-1985 District Manager , Michigan Bell Telephone Co. Liaison for Federal regulatory matters at Michigan Bell Telephone Co' (MBT) regarding the dismantling of the Bell System. y-N. , ^ volved with marketing and - .rategic plans for MBT . 1976-1982 District Manager, AT&T .�` Forecasted new product markets. Designed new organization structure for one Bell System Department . 1974-1976 Staff Manager, AT&T Forecasted Bell System revenues and telephone demand . Analyzed telephone company budgets. 1970-1974 First Level Management Positions, MBT Prepared SEC and FCC reports. Forecasted MBT revenues. (I• Nancy Anne Payton 2069 River Reach Drive #414 Naples, Florida 33942-6974 813/434-7406 ADDITIONAL BACKGROUND INFORMATION During the past twenty years I have had extensive experience drafting and interpreting local, state, and federal statutes and regulations pertaining to wildlife and the environment. While employed at the Massachusetts SPCA (the largest humane society in the United States and the second largest in the world in terms of services and programs) as their government represen- tative, I monitored the Massachusetts Division of Fisheries and Wildlife. During this time I was instrumental in expanding their scope of responsibilities by drafting and passing through the legislature non-game legislation and the commonwealth's endangered species law. Also I was actively involved with the Federal Endangered Species Act's reauthorization and amendments to the Marine Mammal Protection Act. I have been invited to testify before Congress on a variety of issues pertaining to wildlife and animal protection. From 1978 to 1981 I served on a federal Animal Welfare Advisory Committee. This committee provided input to the USDA's Animal and Plant Health Inspection Service's (APHIS) interpretation and enforce- ment of the federal Animal Welfare Act. Last summer I was invited by the International Association of Fish and Wildlife Agencies to meet with selected representatives of state wildlife agencies in a series of po-active seminars across the country. . The purpose of the two-day long meetings was to expose state wildlife agency employees to non-consump- tive/passive use points-of-view regarding wildlife management, and to identify areas where all could work together. I partici- pated in the "east of the Mississippi" seminar held in Hartford, Connecticut. The meetings were limited to thirty participants with the majority representing state agencies. Also I obtained an understanding of the regulatory process while working for and serving on the board of the South End Project Area Committee. This was a community-elected body with veto power over federal urban renewal projects in the community. REFERENCE: James Baird Retired Director of Natural History for the Massachusetts Audubon Society and former member of the Massachusetts Division of Fisheries and Wildlife Board 508/724-3430 Home 617/259-9500 Massachusetts Audubon 000 1 ( 2069 River Reach Drive #414 `�w - Naples, Florida 33942-6974 '�, � 813/434-74064' ,�,� m d o,, fte August 28, 1992 60, „Jo& J� CO,;.. ` Ms. Sue Filson f.�TG Administrative Assistant �,--, Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 33962 Dear Ms. Filson: As a resident and registered voter of Collier County, I submit my resume for a position on the Environmental Policy Technical Advisory Board (EPTAB) . Shortly after settling in Naples in early April, I began attend- ing the EPTAB meetings and public hearings. Proudly I write that my attendance record is 100%, far better than most members of the current board! To understand the issues, I have acquainted myself with the Land Development Code and the Growth Management Plan; and I have sought out county staff to further explain Cli issues and policies. I have presented testimony during public hearings on the Coastal Zone Management Plan and on changes to the Land Development Code. Presently I am participating in EPTAB's discussions of Natural Resource Protection Areas and the Habitat Protection Ordinance. Although I do not have formal training in the technical areas outlined in the vacancy announcement, I do represent an important group of citizenry keenly interested in balancing environmental concerns with Collier County's growth. I am employed by neither the environmental nor the development community, and therefore, I would be a refreshing and independent voice on this committee. In the interest of promoting citizen access to policy-making agencies and the participation of more women in government (currently there are no women on EPTAB) , I respectfully ask that I be appointed to EPTAB. I would be a responsible, dedicated, and informed member of this important board. Sincerely, - --,� _:`_,, _ C/ Nancyne Payton Enc. MILON MILLER TEL : 813-643-5715 flUL3 28 92 13 : 33 No .021 P . 0? BARBARA HENDERSON CAWLEY, AICP GOVERNMENT LIAISON PROFESSIONAL EXPERIENCE 1987--Present: Wilson, Miller, Barton & Peek, Inc. • Company's representative to state, regional, and local government entities. Works with Developments of Regional Impact, environmental permitting, land use analysis,concurrency, zoning, coastal construction lines and quit claim deeds. Active in development of state and local laws, rules and ordinances dealing with land development activities. 1984-1987: Government Relations Representative, Collier Enterprises, Naples, Florida. • Liaison to state, regional and federal government agencies for all aspects of the company, i.e., oil, agriculture and real estate. • Actively lobbied the company's interests at the State Legislature. 1983-1984: Intergovernmental Policy Coordinator, Department of Community Affairs, Tallahassee, Florida. • Worked directly with the Department Secretary on policy development. • Acted as the Department's legislative and cabinet coordinator. • Acted as state liaison to Florida's 11 regional planning councils. 1982-1983: Assistant Bureau Chief, Bureau of Emergency Management, Department of Community Affairs, Tallahassee, Florida. • Provided managerial and policy guidance to 54 member bureau staff. • Assisted the Bureau Chief as an advisor to the Governor during emergency situations. • Worked extensively with hurricane evacuation planning and nuclear power plant evacuation planning. • Acted as the bureau's legislative coordinator. 1980-1982: Federal Programs Coordinator, Office of Federal Coastal Programs, Department of Community Affairs, Tallahassee, Florida. • Director of the State/Local Outer Continental Shelf Program. 1978-1980: Associate Planner, Bureau of Land and Water Management, Department of Community Affairs, Tallahassee, Florida. • Worked with land developers, attorneys, and local, regional, state and federal agencies to determine the regional environmental impacts or the legal vested rights of DRI. 1975-1978: Coastal Planner, Department of Environmental Regulation, Tallahassee, Florida. • Coordinated coastal planning activities in Florida's five southern regions. PROFESSIONAL ACTIVITIES • Board of Directors, Southwest Florida Regional Planning Council, Governor's Appointee (1987-1990). • Governor's Urban Growth Patterns Task Force, Governor's Appointee. Author of the Task Force's Minority Report (1987-1989). • RUDAT Committee, Economic Development and Land Use. • Expert Witness, Planner: Land Planning and Urban Sprawl; case no. 89-0810, Charlotte County vs. Department of Community Affairs. • Expert Witness, Planner: State Comprehensive Plan, Local Comprehensive Plan and Land Development Regulations, and I'latining Uniform Development Districts; case no- 90-3443, Lely Community Development District. • Member, Archaeological/I listorical Preservation Board of Collier County (1991-Present). EDUCATION • MS, Geography, Florida State University. • BA, Geography, Florida State University. / WILSON MILLER TEL : 813-643-5716 Aug 28 92 13 :33 No . 021 P .01 ' ` / WILSON, MILLER, BARTON & PEEK, INC. ( Engineers, Planners, Surveyors, Landscape Architects, Lnvirontnental Consultants&Construction Managers f-�' 1Vilaian Professional Center,Suite 2(X),3200 Bailey Lane at Airport Road,Naples,Florida 33942•(813)(49-40401 FaL()(13)043-5716 post-Ir brand fax transmittal memo 78711*of Pages► August 28, 1992 - • Fomf`�" o Co. Dept. Phone# b 4 el 4,0(i 0 Ms_ Sue Filson FON Administrative Assistant RunX7`7 4` - (n Oct Collier County Government Centex 3301 E. Tamiami Trail Naples, FL 33962 Subject: EPTAB Appointment Dear Sue: Enclosed is my resume for the vacant position on the Environmental Policy Technical Advisory Board. I appreciate the Board's consideration of my application for this appointment. Sincerely Yours: R " vED • Aur, 2 8 1992 Barbara H. Cawley Government Liaison Board of County Commissioners Naples Fort Myers .Sarasota L Aelmtd (s l 3)649.4040 (813)939-1020 (ii13)371-3690 (813)(.18- 477 Fax()113)1,43-5716 lox(813)939-7479 Fax(813)377-9h52 1-ax 1?13)644-0835 ENVIRONMENTAL �e MEMORANDUM DATE. ACTION. d TO: Bill Lorenz, Administrator Environmental Services � FROM: Sue Filson, Administrative Assista - _.__ v-_--. Board of County Commissioners FIL7= ' f RE: Environmental Policy Technical Advisory Board DATE: August 31, 1992 As you know, we currently have 3 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review and recommendation as follows: Barbara H. Cawley Nancy Anne Payton Christine D. Straton Robert L. Duane David B. Land John D. Lee Please let me know, in writing, your recommendation for appointment and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any ques€ionsTplease call me at [T4-• 7 . Thank you for your attention to this matter. SF 71-1-6et; Attachments -62e A054.‘ttAavj- e-(4' 61;A° i NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: William D. Lorenz Jr. , P.E. , Administrator FROM: Fran Stallings, Ph.D. , Natural Resources Director DATE: 08-Sep-1992 Tue SUBJECT: Appointments to the Environmental Policy Technical Advisory Committee (EPTAB) We have reviewed and evaluated all the applicants for EPTAB. Attached is a table showing our evaluation of each applicants expertise. The table is designed to coincide with the required qualifications per Ordinance 91-26. The primary consideration in appointing EPTAB members shall be to provide the Board with technical expertise necessary to effectively accomplish the EPTAB's purpose. Members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: 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. Based upon this evaluation we recommend that the following be considered for membership to EPTAB: Robert L. Duane David B. Land Nancy Anne Payton Mr. Duane frequently attends EPTAB meetings and often meets with staff on areas of interest. He always takes the time to carefully review the topic at hand and works constructively with staff, on a factual basis, to help develop a balanced approach. Mr. Land is a current member of EPTAB and is noted for a good attendance record, for presenting constructive solutions in a positive manner, and for the ability to take into consideration other points of view. Ms. Payton attends EPTAB meetings on a regular basis. She has a wealth of experience in working at the local, state, and national levels on wildlife protection issues, including testimony before Congress. She also has served on a Federal Advisory Committee for animal welfare. 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Lorenz Jr. , P.E. , Administrator FROM: -4.5 Fran Stallings, Ph.D. , Natural Resources Director DATE: 08-Sep-1992 Tue SUBJECT: Appointments to the Environmental Policy Technical Advisory Committee (EPTAB) We have reviewed and evaluated all the applicants for EPTAB. Attached is a table showing our evaluation of each applicants expertise. The table is designed to coincide with the required qualifications per Ordinance 91-26. The primary consideration in appointing EPTAB members shall be to provide the Board with technical expertise necessary to effectively accomplish the EPTAB's purpose. Members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: 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. Based upon this evaluation we recommend that the following be considered for membership to EPTAB: Robert L. Duane David B. Land Nancy Anne Payton Mr. Duane frequently attends EPTAB meetings and often meets with staff on areas of interest. He always takes the time to carefully review the topic at hand and works constructively with staff, on a factual basis, to help develop a balanced approach. Mr. Land is a current member of EPTAB and is noted for a good attendance record, for presenting constructive solutions in a positive manner, and for the ability to take into consideration other points of view. Ms. Payton attends EPTAB meetings on a regular basis. She has a wealth of experience in working at the local, state, and national levels on wildlife protection issues, including testimony before Congress. She also has served on a Federal Advisory Committee for animal welfare. Please call me at X2505 if you have any questions or require additional information. « ♦ Y # : :G[: : i i : : M i U• Y Y : W} M R : • • : k • W O < } o_.: N • g:11,1: :,T,•• x xi x• x• • • • O.•LLz i : : : : • • Y ♦ ie< i • 1 R • R « S-I : : : : x: x: : : : • Kr • S . ♦ . i '`4i i • : : :W is i : : : : : : : 1Pi S :a_: : 17,E rQ W : : : : : : : : : : } •�Ht •JN• i�=: s R • « • • • ♦ • a8 i s : : : : • ♦ • • ♦ ♦ • • • i Gwv: : : : : : : : : lg.::: <J : • • • • • : • : : __ • •• •• •• •• •• •• •♦ t • W • • } • a a a • a Y �7 : LGA S -i -21-i-2 t :: : I22 g!• i• l t • Y •: : •t } t =• a a ♦ • M Y + ii ;i •1 j : : t : } : : i $: : 5'S • S• a 4 It a= : : : : : : : : : : a • aa• : : : : ; : : : G C N Zs S : WJ NNW : : : : :a :♦ :« :• :it : • i ♦ : " :1 ♦WNG� : f •�• : • • ♦ f • • f Y • ♦ : <W« ♦ • :iN • • • • ♦ : i « •i JO a• i : • • • • # • • L• >G OJ i aG O_ • ♦ • • C ♦ f • • • • i • : : : : : : : : : <-4: i : _ _: : : : : : : : : i —: i-i —i : : • : • < : Jam: m i g F. OY : Y: § •i LLi "=a €€:fn ,Si i§i i113:1.21 X• U • - I • t�97:11i<u 6U - : i i i S i • S : : i : : u Sstz i = r '' i r : • r t t • • i yyi�y���S5L��pp • qri 111111 �t i F i is i• ' i f : i i a Z i• 3 ` i i j : Yr :a(� * i : : : : 3, •••♦•• • J •1.2 r . ; LCT LCN : i hi- <Vl i 1 i O : o O i i i : : is 1—. ENVIRONMENTAL SERVICES DIVISION MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: William D. Lorenz r. , P.E. , Administrator Environmental Services Division DATE: 09-Sep-1992 " SUBJECT: Appointment to the Environmental Policy Technical Advisory Board (EPTAB) As requested in your 8/31/92 memo, please find a 9/8/92 memo from Fran Stallings evaluating the candidates for the three (3) vacancies on EPTAB. Based on this evaluation, I am recommending the following individuals for consideration by the BCC: Robert L. Duane David B. Land Nancy Anne Payton Please call me at x2500 if you require additional information. WDL:pc Attachment c: Fran Stallings, Ph. D. , Natural Resources Director Environmental Services Division • ,ip 7ht,idie1,,-,:,,, Pr()°1° Summary Proposed f. Pha- , NRPAs Internal 2 Procedure Manual (NRPA Preset, ed to NRD for AfrsT, le I 1- Steps 7/4 !r �, 7- tint Ilia ilN 1. Establish prioritñ4(1C1 ie- , NRPA being processed. Identify boundarie -, - - . 4/44:,,,,,I ,rn A. Utilize aerials, platmaps, quad maps,�jsoil and hydrology maps, GIS.�'u� ,5> zk, / 'f) / vl,fia,,,:b.4. B. Strap number, folio number. rnnl f '// s 2 . Identify owner pf proposed NRPA. A. Strap number. 3 . Seek owners permission for field survey, `i^f' ecessary. / .7 ' lj'/4tj ,. ' 7 4 . Attach inventories, documentation oesour e values, letters oreports for the following: ri Va Plants and Animals: Describe habitats, concentrating on those with high values or uniqueness. Name rare, endangered, or unique species. Give scientific jnames wherever possible. A. 1�L Atlantic loggerhead turtle ?;G� l Gopher Tortoise i ) Eastern indigo snake /, 7// .e.) Florida scrub jay � , / Florida sandhill crane n /a Southern bald eagle s �. F r N Wood stork ? / �`� > Red-cockaded woodpecker T 61' 1 YP/44 Least tern Florida black bear ,y� U Florida panther e. P 5 a i f ..,,F;h /�(� Other ---- (�t�: :j Archaeological/paleontological and Historic Sites: Ae ily4t Describe known archaeological/paleontological or OT 0A. historically valuable remains. Show ocation on amp of the property. Ore{ ,f41111 ;yC. Other Features: Describe aquatic, geologic, aesthetics and other physical features of significance. -1- —^ D. Anticipated levels of protection/anticipated protection strategies. J �?rr 1) Broad approach - voluntary. ' ���(/ 2) Incentives (tax relief, purchase of development rights) . )(11)C'6 )) 3) Additional regulation without acquisition. Z4) Acquisition, transfer of property. Zlei 5. Identify proposed NRPA on overlay using Collier County Future Land Use Maps. 6. Summarize findings for presentation to EPTAB. )c4, A. Brief introduction of proposed NRPA. ' -I!) B. Presentation of natural resourcel v" a ues` that makes this site a candidate for a NRPA desnation, or why it should not be considered for a NRPA. C. Use of overlay and Future Land Use Map for visual presentation. 7. File system to be set up with pertinent information on all proposed NRPAs (to be utilized throughout all levels of NRPAs processing) . A. Site designation or NRPA assigned number. B. Site is located in Section , Township , Range (Brief description of location) . C. Strap/folio parcel number . D. Size of parcel (acres) . E. List owner(s) of Record Address , Telephone . F. Current property zoning . G. Aerial photograph/maps, etc. with parcel boundaries sketched in (Attached to file) . H. Natural Resources Site Survey Report. I. Valuation (if site is under consideration for acquisitions) -2- 1. Fair market value. 2 . Assessed value by County Tax Assessor. 3 . Attached documentation of owne (s) wi7llingpess to sell if available. /9o_ Ar C* General Description J. 1. List p oposed NRPA functions, values and priorities. K. General description of the natural resource values that exist on the proposed NRPA. !rd- 6''' 1 1(11i 1. Connectedness: Is the site contiguous with another sensitive land area? Does the site qualify as a wildlife corridor? et ,7- 2 . Does the site qualif - 4•:itigation potenti. l? :,1- - i woes the proposed site contain native and L filt flora and fauna? What special category does these species belong to? �� 4 . What are the hydrological significances of the site?� 4'. (Water Quality, WaterJPPy, Rec eatio2j, 1 od ` 4 AControl, or Other) c. . vorn ` ` er �r/ / 5. Does the proposed site contain unus al, outsta in '``G or unique geological features? a1 14,-, Al t 6. Does the proposed NRPA contain AggrititeERV 'tian›?--- AO 1 -11PAMMINIk 0 archaeological/paleontological or his orical/site? G7. How would the NRPA be categorize•' �. wi % a) What functions does it s •/-70/i// ?--- S iii b) What values does it represents? /aGj 8. Ecological character and its significances. '7E., ;: lk L. Physical site conditions 4 P - ` - 1. Historical: Starting -,ith original, undisturbed, , - ecological Condit ' s. Describe occurrences of °77 'oc significant pas disturbances, both natural and human. Exam. -s storm damage, fires, floods, exotic - farming, grazing, mining, ` structures, roads t it nd fences.e.WYtae.9.) i t, . idN/ °yd �� � ��1 a� , Q. , 2V s lec-40 fre/freeit_li g� l//�► 13_ y am/ _ a4 4tCydf 1 t%) ' '4L411 7 ' 2 . Current: Ecological/land ��u use condi rt jn�.s,�/status. /s Exotic Plants �t / / i 1' t,. 15, K! Brazilian pepper t , ` Melaleuca 4. 19/* ' Ardee5/� erf Australian pine � Downy rose-myrtle __ ) Y1 Other " /�'� • Human disturbances. y ____fri-'.' frirfee ) Hunting Pollution Erosion Dumping/litter Camping Off-road vehicles U0 Other )v 3 . Future: Projected ennhancemen or restoration.leite M. Reasons for Ac' quisition �'v 1. Aesthetics 0i 1i A, 4. Teo" 2 . Research potential 9 D V3 . Buffer zone } 4 . Geological formation.f 5. Rare aquatic habitat j 11w 6. Rare terrestrial habitat 7 . Animal endemics 8. Recreational opportunities A $ /�Y / 9. Endemic plant species V1 a l 10. Archaeological or histor'6viOrk site Q1 11. Open space �' 12 . N. . 1 . .d lain, marsh or estuary / " ` 13 Remnant community 14. ance or protect water quality Ain l , ,,�/` 15. Local rare animal Orliii _(/ / Local rare plants - 16. Adjacent to other protected land ?�v 1r,41! 17 . Seasonal mitigation routes/habitat��p �r ) 18 . Other �j�Jr )Yt " rN. Antici ated rotection levels antici ated rotection P P / P Pstrategic, q/ll-e-k 11- . - ` ) 1. Broad appr ach - voluntary Q 2 . Incentives (tax relief, purchase of develppmen G rights, etc. ) 1/1W illeer } -4- ll F Additional regulation without acquisition 4 . Acquisition, transfer of property 70. State of p j ecus � � 'Of �/I ®F12jr r�/�1 . fia 1. Nomition of site Presentation to EPTAB 3 . Public hearing before CCPC ; / rfi1 /./ 41 /77---3'' 4 . Public hearing before BCC LI Final implementation y'0 ' / )1 4,,ice/11/ 774 ublic comment/reaction to proposal '-x/ f, Q. Recommendations 2 01.A 4" _i hJ " /,',A,5 ) 0 eogefedvk 4 Kaii-Ab ‘,/rvilied,,*(87401 _____> 5------- /v'r A! \a4 'e t itiom y rrey,ttvoz=47i..7;t°A.?, 7 ; � • s 1 aw , 7, 1 , . ,itfto.., m *eiweacf) 20-1,7 ,&" a/l,h1_ 4 ‘-w-AeSs- to pr9posaA:4/00 Di d/,*)de# fre xi,/ 1 11. ' ' ° 'a Lei _..- d 5' iee, , ... c ..-e."70 Al', ,'' ) 4-1,Les- / - 4' - i frve , --....//,) e,. .„. - 7 m 4 4/4_. - ‘• ) - , 6? / --r---er /,,aQ. rø7421t 7-Z40:157 ' / Ge `'°� 114/Yte- 3-- tri‘rir.e'ee */*/44/41 irtie AV ,1JJ ' ,}1o144y e 44 '' '' qfr/ , ,m,protiKe(, - „„9,,,,t.-,,,,,,,„,c,d- ik)74-e__ 61�Of/lid y44 N/1 y l'/ Phase IIs Full Proposed NRPA Internal Procedure Manual /7-1-0)()) Phase returned to NRD for full documentation) ,Y Priority of Pr ceasin.' g Approved NR As /1`2,4)�� /, ,` AV,/,' - k41S o -� 8. Permissionneeded to enter site for extensive field evaluation s; address, telephone number) AF 4 Field work elineat on of environmental factors �� f field mappps / )7flyn� � ' A. S ' characterization/documentation, identify wetlands,,5 ;2 unique ' plands, scrub habitat, coastal, barrier island, �� rek7 - . •eyed species survey, hydr logical, and historical � eio r //li e vI i documentati ,n done in field. Need Q B. Describe • currence of significant past disturbances, �. fes (° both natur. l and uman such as storm damage, fires, .!�_ floods, .'se1= ion of exotic species, farming, grazing, '� 5/ mining activities, dredge and fill activities, AP,' structures, roads, trails and fences1.040-14,we4y6fl `"fes � • C Describe current eEol_ogicalLland use onditions that"�+.�„` I exist onsite, such as invasion of exotic sp cies. (Iz) � . - D. •ti•ns of character and 'values of site. 1/ m� Photo•raph of unique ecological atur s take ur ng 4,/ 'iff' fie d survey. c2//I ee, Jy' /f, 44/4 1 E. Describe habitats, concentrating on those with high 1; values or uniqueness. Conduct a threatened nd /4)A, i . g specieseiliz y th edestrian sury method. The pedestriansurvensists o ' � number of belt tits through all of the habitat to rq insure that sufficient level of coverage is attained. � � Cormier County photographic aerials, maps and other J?' materials, will be utilized in the field to delineate .. ' vegetation communities as well as threatened and species )/� surveys. f ' F. Describe known archaeological/paleontological and historically valuable remains. n• icate t ase sites o��// 0,010. rteA,/4-/7"-"'-- field map. Q�� '� ' gar' �j,pl l4 G. Utilization of the Florida Land Use Cover, and Forms ` Classification System (FLUCCS) for vegetation mapping. " /f f 4. r " WITAIC) / -6- ---eik- 77". a /7 _/.e...4.-- __. c+,...4L d %1/7 /4. 0.r'i,' /bin ,•••mhd.M., la d 4 er't... ,, ,,,g;e ii) ii ...____...T7� ,1nihiff,/ 5 10. Utilization of aerial maps, soi gu , hydrological maps, Florida Natural Area Inventory Da , GIS map to add to ground truthing information for full presentation to EPTAB.400 ,may tilization of other scientific sources, government agencies, �d and individuals that have knowledge of the proposed NRPA sites and its biological/historical contents. 12 . Field map of proposed NRPA converted ' (ACAD . a for presentation to EPTAB. / .i , Gam"` D 13 . Implementation strategies/who will manage NRPA? A. Privatel I B. Public ? U` / C. Non-profit ' � 0 A//,f� . l � 14 . Implementation of management scheme �� f _ �5 A. Inventory of sit . . Url/-{���� mi s g;3,fif, B. Specific action roposed (imple ent tion of • •ay / r .� b C. Monitoring -1s444Nmt- /' V J Y '.5 r/ 4 ,4 Eiov D. Evaluation of information collected in iel•E. Adjustment of scheme (feed back) a Ajor 25. 4+Ianagemen Goa - (Physical action) 67‘'9,/ ,4,4 © re 61. a ,, r t . Exotic removal 1 G � +s 1 k , 1/4/ i)(2) Removal of man-made objects, f n� roads et . / "7 i C. Clean-up dump sites/debrisVe ,)Aei- / D. Ecological fire management *Jt � i4,E. Other � oil i L. 16. Summary and recommendation to EPTAB/CCPC/BCC, ny ) A. Adoption of NRPA -f�-ST.® �G d f/a ), 41 B. Utilization of over�ay and Future Land Use Plan U ),/J/CI LC. Presentation of fi ld survey findings as indica ed on t�� �� J ACAD map. �, d" C� �1� D. Written or raall repcfrt of field survey with results and Y/� reasons for� consideration or rejection of NRPA 7 J // List recommended actions to be tak n ,"1_47)//7745 �� .,1-ir*Cte:fiol)() "40 f*/ ,toi X/1/ .- -)e°kQ, 1 ) -4?L';711.4/I?' eL f I C74/)6 v�, .Cm 4 Phase III: Approved NRPA goes to NRD for any required modification and development of implementation strategy. e;0>4"0 141 .Y0fre,&.Agttakie7 "teat/Yok jj, 1) NRPA reviewed by EPTAB. ESFy�, 44 e 2) NRPA reviewed by legal Department. 3) NRPA receives public hearing before CCPC. 4) NRPA receives public hearing before BCC. ,��� � Phase IV: Approved NRPA returned _tn NRD an. other PP appropriate departments for final implementation. 4gk,, Ge , 'y) ;7/e/mi Afgf/Ale4z.,k749 Ali � � 4 ThrOTA, oma ' l/it / — -27-147 e Lit) gelh 11#14j Jcc,1 -8- 7,)0(10e-1,„ -.a-- kr*r4 )5 14-444-21 All 61-4 PROPOS FO' THE ESTABLISHMENT OF NATURAL RESOURCES P . • AREAS (NRPAs) FOR COLLIER COUNTY, FLORIDA —� A/ Collier County Natural Resources Department Augu t 3 , 1992 The Collier County Growth Management Plan directs that the county complete by August 1, 1994 , the phased delineation, data gathering, management guidelines, and implementation of the County Natural Resource Protection Areas (NRPAs) program. That direction falls under Goal 1, Objective 1. 3 of the Conservation and Coastal Management Element. Objective 1. 3 reads as follows: OBJECTIVE: 1.3 By August 1, 1994 , complete the phased delineation, data gathering, management guidelines and implementation of the County Natural Resources Protection Areas (NRPA) program. POLICY: 1.3. 1 The program will include the following: A. Identification of the NRPAs in map form as an overlay to the Future Land Use Plan Map; B. A process for verifying the existence and boundaries of NRPAs during development permit applications; C. 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; -1- county natural resource protection areas. Implementation shall occur on an annual basis as NRPAs and their implementation criteria are developed. 1.3.4 Where possible, the implementation of the NRPA program shall be coordinated with the preparation and implementation of watershed and sub,-basin management �o ,' plans. Ne4'°cf < IY'� 1 C�`? t./A 1 ) 2 2e_ In order to implement the directions contained in Objective 1. 3 !,Q it is necessary to identify the areas to be designated as NRPAs. ''" This task of identification is perceived to be a process that '4 will be instituted and then conducted over a period of time at a 1,. high level of intensity, but not terminated once the primary task of identification is completed. The process should remain ,----->availabIe in effect so that any areas qualifying as NRPAs that may have been overlooked during the initial period of J2___ 'dentification can be brought in at a later date. . ° viously~- egnrrze .or deemed-important enough to-be-•a NRPA be-assess for-possible inclusion on the list. The.,. `- •oss ' . ' - ' ,,1.. - -quent events may redttee IF alter the Pc.. ^g.i -.signitioaa e- previously designated NRPAs t_ tkaLt- s ett"• -Abe-removed-from-the-iist a 4011P1 . Therefore it is recommended that the identification process herein proposed be retained for future use as both a mechanism for placing an area on the list and remeving ///// er modifying a previously designated area should conditions so warrant. In presenting the process to be utilized the directions listed in Objective 1. 3 will be taken in order followed by a summary statement. 23 t A. Identification of the NRPAs in map form as an overlay to the Future Land Use Plan Map. The formal definition of NRPAs as used in the Collier aunty Growth Management Plan is as follows: T 1 kci ' ' 41 1 Natural resource protection area (NRPA) ns portions \\\\„..,, ) of the County that have been identified by the Collier ,A) Vf af "- \.**°,14)---4171;i7e ' 4-1- -, -per ,ji4ii , 1A(1,e1P o'--- R - ` �• £ 3 /rte 3 � ` ,� ) � �' pr ' / r 1)?alkl ,-/- e WA/pc ce' c• County Natural Resources Department (NRD) as being of extreme importance for one or more critical ecological function Some of these critical ecological functions are: aquifer recharge, storm water detention, protected ( . ' 6 and unprotected wildlife habitat, and normal conveyance G-11 of water toward the County estuaries. Types of Areas of 5 Critical County Concern are: f '� —T/T/?G ,/ � _,,.._ 1�.-..R-�- 1. Water Protection and Conservation Areas . i, t (:4 2 . Estuarine and Coastal Barrier Systems / 4/7 ��-- 3 . Critical Ecological Corridors I ,�°`/ 4. Rare, Unique and En an•ered,Habitat �, f rn ,7 P 5. Habitat of lister - - species • <j�c�,' - __...�,-tet In applying this definition some protection areas wed may be designated on the basis of only one factor such as an outstanding groundwater recharge area, endangered plant, animal, or perhaps a bird rookery. In most cases a combination of factors would combine at a particular site to create a level, of signi 'can Al appropriate to designate a NRPA. ' In a very broad sense the enti a county could be consider to e of "extreme importance for on or more critical ecological functions, " however, it is cl arly not the intent that the entire Lj county would be so classified In order to maximize the degree of habitat protection to be provided, without unduly burdening or :' - restricting other land uses it is proposed to employ four levels 4 of habitat protection for the NRPAs program. It should be noted c that many of the protective action utilized at the lower levels of protection are also appropriate a d helpful at the highest < , , levels of protection. j C ljf /'I'll/a' �t 1 /� n r Af. �� The first level is a bre--e`er Oai-kind-ef - • • •ach that does n. /ILA, employ an a. . .onal ;±egulation and i- voluntar It will -14 encom•- =. - " no ng in the o er three categories. Th emphasis here would be the provision of information that ould encourage citizens to implement practices such as water conservation, xeriscaping, animal and bird protection, proper waste disposal, recycling and other appropriate measures. (--;) 1 21()));()------' be /74176 i / Pk'air 4' Ar iiter 4 41 )' G -4- pail i. lh / a 1110144)%iLytlidei-744/)k v042-A\eq )090-10, p4,04 irAr The second level of protection will likewise not require any additional regulatio but will depend upon various incentives such as to - - , purchase of development rights) to provide the required levels of protection. Areas included herein would generally be those where a relatively large area, cumulatively, is important and where a satisfactory level of protection can be attained by appropriate land-use practices covering a Maier pertien given percentage of the tract, as opposed to single speeifie-paints-whieh-in-end-ef-thesseIves-would-require-the desired-level-ef-preteetien one or more specific sites. In other words a satisfactory result could be obtained if, for example, the desired level of protection were applied to 40-60% of the area and this-level-ef-eeverage required protection was not site specific within the tract. An important tool that would be appropriate is a conservation easement. The third level of protection would require some additional regulation but would stop short of acquisition. Here the NRPA Alelineeted would exhibit inadequate protection under current o' o di 'ons and this deficiency could be corrected by the m tign of regulations. Areas included may be in public ownership or could be privately owned. As an example, an offshore bar where seabirds rest and feed at low tide could have a regulation imposed that makes it unlawful to disturb the birds. Another example could be an area, where a high degree of groundwater recharge has been documented, having one or more restrictions applied that would protect the groundwater recharge function. Conservation easements and mitigation could be mandatory for some of the sites. ft-is-felt-that-in-this eategery Here the appropriate level of protection could be obtained through regulations without unduly restricting uses to the extent that it would be necessary to purchase . - Some forms of compensation such as tax relief, chase of wate - r rights, or transfer of development rights may be employed. j „�th protectionP .. y rill)) The fourth level of would represent ala. outstanding area(where the needed protection could not be --� achieved without overly restricting the owner' s use of the ,_ 2 property. In this case public acquisition would be recommended./, , Where it is clear that significant and permanent harm or damage 4,4r would occur to the public interest the use of eminent domain proceedings for acquisition should be an option. It should also be noted that in certain situations it may be to an owner's advantage, tax wise, to transfer the property in this manner. Various areas stand out as potential NRPAs. The process for designating a NRPA would begin with an individual, a governmental entity (including the ollier Coun .y NRD) or an organization formally presenting a potential area for designation to the NRD. Included would be a brief description of the ea includ'n a• • oxi a boumn ries and a justification..- �e dp,, •on re e i g he for al re uest the NRD willperform� q p f orm a preliminary assessment "arn will present the proposed NRPA to EPTAB with a staff recommendation for acceptance, rejection, or acceptance with modification(s) . If the NRD recommends rejection and EPTAB sustains the rejection the proposed project will be dropped unless NRD is directed either by the County Administrator or the BCCrto continue processing the nominated tract. Following the-works ep Otherwise, the NRD will prepare a more detailed anal for approved projects and will present the data to EPTAB fo a workshop and formal recommendation before proceeding with e process of bringing the recommendation before the BCC. The BCC may then reject, approve, or approve with modification(s) the recommended NRPA. The full process recommended for the designation of NRPAs is presented in chart form as Attachment 1. of P B. A-pProcess for verifying the existence and boundaries of 4., NRPAs during development permit applications. ) ///////// The NRD will furnish Developmental Services' aps and ,i appropriate written descriptions of the boundaries of NRPAs. he material furnished by NRD will be of sufficient detail 1� �that most determinations of applicability can occur quickly. #4,440tIn more complex cases, or if a dispute arises, the project rAiishould be referred to NRD for a determination. C. Guidelines and standards for development of NRPAs including ";:die t i)0 conservation guidelines to protect natural resource values, (91111)1 k to maintain ecologically functioning systems, a d to restore , ilA or itigate NRPAs a read de ad d; Vil �>"�F NRD .. j� will develo i -• i es nd� 1/ ' � P g appropriate to each Com "11117 NRPA to insure pro -ctio of natural resource values, maintenance of ecological systems, and restoration or mitigation as appropriate. These -girds 4 will be a part of the implementation strategy to be considered at the EPTAB workshop and subsequent steps in the approval process. /I4y[ *i ... D. A process, integrated into the normal dev lopment appl 'cat'on review, to ensure that the n 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; eemp+ianee-Serviees-assisted-bp NRD assisted by Development Services on an as needed basis will perform the required r-v ew gr ess, including ground truthing w� q app priate. ilit-E. A'program° to defer development of NRPAs. First consideration should be fee simple purchase teased on public referenda approving and funding purchases) Other options should include, but not be limited to, t=x incentives and transfer of development rights; 77e4—_— - --- NRD will develop recommendations detailing the levels of 0 of 1;4* protection deemed opriate for RA L beginning with the apprEPTAB workshop. Tc individual recommendations 01 ii will be a part of the implementation strategy as noted under r/ "' " above. F. A program to pursue Delegation of Authority agreements with State and Federal permitting agencies for local regulation of activities that/characteristics of NRPA. - alyze the need for and recommend to the BCC any agreement~ , - - ed necessary for they�� effective stewardship of ese resources. . G��4,e .../rc ti'_ ermAfilinotifid.. G. The county shall seek assistance from and support State (e.g. CARL, SOR) or Federal land acquisition programs for co t areas qualifying as NRPAs. i) Pa(')- C"---- Ilk ori i114- / 66- "Ar .� 1/ ,e oe ) NRD will support and facilitate public acquisition of NRPAs4r where a ropriate utilizing available support from individuals, governmental entities and other sources. This proposal deser#bed-above is presented for the consideration of EPTAB and other interested parties. Your time spent-4n and effort in reviewing this proposal is appreciated and your comments will be carefully considered in revising this document prior to presenting it to the BCC for their consideration. )- , - . 7 . 5, , e-e.e i 5- 4, 1 --,en w ry . jAef /41 ,44::) ,), ' 4awf illePvie,1 in /412!,_ , .4)04/24)e argl. Gf /7k, Apv,4- 4.1,,. i#coeievit-- z /414killeter/A,..?isr _ 11wJ 1/ if 0 ft/ /'ff. l'. C„, / -17:C 04',41,--- A eln 1 drf': 13 -44.77i &iii; d it ,E: atocr /MA 4P /� . ! ♦/�. l ', 1A4fAt_" 4.......t3al 1. Nit `y .U.11 `A\1�1 t H 11 _ �.� WH I SII I-11 WU <11 \4� 11 `� 11 d V (00 s. 11 I !. K 11 N rk 1--11 m W 0 DM 6m dg { , % `q\ OZ 11 � ,z� eS0 00 II wU a �` z '�ti� 11 W i „,, V +T \��\\\�1� -II \ OIX <02 0 II td 11 Sd / 'tee � •••••• � 011 f ...1 =0 z cell O Ice20 000 < 4 I .4t:‘ c-- IA-JD w u x oceu ›-.-o 1<11 N A it to 0 z,. vN.> '1 O h ii 7) ,, .._. H... 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II I J II 1 U • \.i III--CIWW Il I m2 V 1117011 1 d~ VTZH<.-1410 I 02020 1 g'3, r....,2N1. I lT� n II 1 1 1.- 1 V.� 1II I II n 1 N H F 0 11 O 0 S 1 <- O W O n <0 < W I H < O .2-. < N >II 2 J 7L S 1 N 2 > E -- b4.4. 11r, -,. ,iiid-' 019 --,--•-•%, // ifil-. ......' r t P '' PROCESSING AND ORITIZATION OF NRPAS BY THE "' n. . NATURAL RESOURCES `DEPARTMEN3L--4IRD) 40( • --- C f/W - In order to designate a/NRPAi the a.mpor a attributes the Teeter{s}tfunetiens{s}-te-ba-preteeted mus be identified and given a value rating to justify protection. To aid in this kpickrocess a matrix is suggested which shows each faetertft�netien!► �ttribute and the -value assigned .to ice_ narform. The value scale is:snot applicable, low, medium, and hi - Each faetertfunetie attr bore` II" a documented -ice-„the ex�~aiid' -- -.4.„ justificati provided for the value level selected A proposed 5L___ (41 Al* i included in Attach en 1. tr os resents in summar forma list g� A s and atrix _i .-.-prs,�p` ed which p y vo o ' 11'nanageMent �,protection alternatives with a range of applicability as follows:,,not applicable, voluntary, incentive, and mandatory. In the text supporting the NRPA's each ft14////7- alternative will be explained as it applies to the project under iew consideration. A justification will be presented for the level of applicabili y recommended. The proposed matrix is included in Attachment 1. ;;;Iii 744i7/Jin statement1be i c ud defining gen- and specifically the desired-result{s} purpose t/. / and best use for each NRPA. fn-a Generally-sense the result{s} sheuid-be-elassifed classification should be as preservation, , f enhancement, restoration, and/or change of eriginal functio s 777, L�G rer-exa��� 9 ereaten-ef-an-artifieai-wetiand}- Specific �, details be provided that show how the desired-results :est - 1 uses are to be attaine. . _2n thjs basis the NRD will provide a , .0"-!,4 4-7' delineation of th- management goal that is are focused on thei f each NRPA in-paint an• wil deve op a recommendation for 1< 7. rejection, acceptance or .cceptance with modification, for transmittal to EPTAB. ' e •ro•osal for desi•nation of a NRP. ma �'y be made b the i '. other interested art ,..-----6,cd/ 1/ ";� hiP4Orlieir dr e of I� 11/7";) delarlCbf 7/)°*)V‘r eig1/1ert0) Yr re,71 :2 , '° 1/. 4 (4143/7"54." li d)° _>r v irt(C.- ar,re-',° 6, ---4,e/a.',I'7---- - .47, a iii 4-evrAt / qjl-ayia? --- , .1 4,-9 I e41 ,nW _ 469mAtiv iidAm _i_) rd-w- -0. or 4 , iji. //-z i,41-j _. wi) fryviv v--- Afi 4v/I /7-z ,e "7747„..77 f ) movn444 DRAFT REVISED 9/29/92 RESOLUTION WHEREAS, the Collier County Comprehensive Plan Conservation and Coastal Management Element contains certain requirements for the preservation, protection and management of the natural resources of Collier County, Florida; and, WHEREAS, the Comprehensive Plan and the requirements of Florida Statutes, Chapter 163 require that the goals, objectives, policies , elements and sub-elements of such plans be applicable to all development activities by all entities, including all persons and all governmental subdivisions within the jurisdiction of said Comprehensive Plan; and, WHEREAS, all land development activities undertaken by any person pursuant to the approval process must be consistent with all elements of the Comprehensive Plan; and, WHEREAS, all development activities on the part of the local government, including that of Collier County, must be consistent with each and every element, sub-element and portion of every element of the Comprehensive Plan by virtue of the requirements of Chapter 163 . , Florida Statutes; and, WHEREAS, it has come to the attention of EPTAB that various projects being initiated, guided by or under the jurisdiction of Collier County may be undertaken without any thought to compliance with the aforesaid requirements; and, WHEREAS, the Environmental Policy Technical Advisory Board (EPTAB) feels it important to reiterate that all projects initiated, guided by, or under the jurisdiction of Collier County must be undertaken in compliance with the aforesaid requirements; and, NOW THEREFORE BE IT RESOLVED that EPTAB hereby recommends to the Board of County Commissioners of Collier County, Florida, that the Board of County Commissioners direct its staff in all phases and all offices that all development activities on the part of Collier County, as such development activities are defined under Chapter 163 , Florida Statutes, and all applicable rules and regulations promulgated thereof, be complied with, adhered to and conformed to by Collier County. BE IT FURTHER RESOLVED that Collier County before embarking on any capital improvement programs or infrastructure improvements ensure and ascertain that such activities are consistent with each and every element and sub-element of the Comprehensive Plan, including those concerning the County's natural resources, prior to the implementation and expenditure of funds on the part of Collier County. DRAFT 9/15/92 RESOLUTION WHEREAS, the Collier County Comprehensive Plan Conservation and Coastal Management Element contains certain requirements for the preservation, protection and management of the natural resources of Collier County, Florida; and, WHEREAS, the Comprehensive Plan and the requirements of Florida Statutes, Chapter 163 require that the goals, objectives, policies, dlements and sub-elements of such plans be applicable to all development activities by all entities, including all persons and all governmental subdivisions within the jurisdiction of said Comprehensive Plan; and, WHEREAS, all land development activities undertaken by any person pursuant to the approval process must be consistent with all elements of the Comprehensive Plan; and, WHEREAS, all development activities on the part of the local government, including that of Collier County, must be consistent with each and every element, sub-element and portion of every element of the Comprehensive Plan by virtue of the requirements of Chapter 163 . , Florida Statutes; and, �,(� L WHEREAS, it has come to the attention of EPTAB that various N" projects being init ted, guided by or under the jurisdiction of ),,pr Collier County a undertaken - - - h + y+c 4 i Z w�--�-- afo maid reauirPmP__n_ts..,_�x�i, , WHEREAS, this Board is not a site specific review Board but instead is a policy recommending advisory Board to the Board of County Commissioners. NOW THEREFORE BE IT RESOLVED that the Environmental Policy Technical Advisory Board (EPTAB) hereby recommends to the Board of County Commissioners of Collier County, Florida, that the Board of County Commissioners direct its staff in all phases and all offices that all development activities on the part of Collier County, as such development activities are defined under Chapter 163 , Florida Statutes , and all applicable rules and regulations promulgated thereof , be complied with, adhered to and conformed to by Collier County. BE IT FURTHER RESOLVED that Collier County before embarking on any capital improvement programs or infrastructure improvements ensure and ascertain that such activities are consistent with each and every element and sub-element of the Comprehensive Plan, including those concerning the County's natural resources, prior to the implementation and expenditure of funds on the part of Collier County. c:\wp50\EPTAB-RES 9/15/92 01.0 �,//f� CRAIG R.WOODWARD 1. �� YililMARK J.WOODWARD s SHANNON W.ANDERSON ANTHONY J. I S, N. STEPHEN J. PETERSEN* / JOHN A. NOLD•• J. CHRISTOPHER LOMBARDO ATTORNEYS-AT-LAW OF COUNSEL 1l,�:i�ei�Ll(y i:iC:�rM1l_ J ►S�61i.tS ROUTING September 16, 1992 E: 9('( 7J17 Mr. William Lorenz Environmental Services Di4 ; L•E+;=-1 i 1 Collier County Courthouse Complex 3301 E. Tamiami Trail INFO: r M Naples, Florida 33962 9/21g RE: EPTAB / Resolution r FILE: . / 6 Dear Bill :Pursuant to to the discussion at the September 14, 1992 EPTAB meeting, enclosed please find a draft Resolution concerning the County's compliance with the Comprehensive Plan. I believe the EPTAB Board is going to discuss this at the next meeting. If you have any further questions, please do not hesitate to contact me. Sincerely, WOODWARD •IRES & ANDERSON, P.A. 1 i -41111 hony Y.Pires, r. APP/nls Enclosure as noted Letters\Lorena 9/16/92 PLEASE RESPOND TO: 0 Marco Island Office Pelican Bay Office Also admitted in Iowa "Also admitted in Kentucky 606 BALD EAGLE DR, SUITE 500, P.O.BOX ONE, MARCO ISLAND,FLORIDA 33969 AREA 813/394-5161 FAX 813/642-6402 PELICAN BAY 801 LAUREL OAK DR. CTTTTF.F40 N.API FS FLORIDA 11961 AREA RI 1/c6F_1111 FAX R11/SFF-11Fl CRAIG R.WOODWARD 5reeethealt61 CY1r4 MARK J. WOODWARD SHANNON W. ANDERSON ANTHONY P. PIRES,JR. F� ^ STEPHEN J. PETERSEN* ✓�'rJ * * EPET JOHN EA. N . PET J. CHRISTOPHER LOMBARDO ATTORNEYS-AT-LAW OF COUNSEL Ao September 16 , 1992 ,DAATE: _.�----- I Mr. William Lorenz VIA FACSIMILE-- Environmental Services Division (813) 3774-9222 Collier County Courthouse Complex 3301 E. Tamiami Trail Naples, Florida 33962 RE: EPTAB Facsimile Transmittals Dear Bill: Thank you for reporting to the Board at the last EPTAB meeting the results of the opinion of the County Attorney with regards to transmission of memos between EPTAB members as being inappropriate. Even though Mr. Beardsley has indicated that he will continue to do the same and be a "test case" as indicated by his statements on the record, for the record I will not accept any of his faxes. I do not want to be wrapped up in any difficulties that may ensue by him being a "test case" . If you have any further questions, please do not hesitate to contact me. Sincerely, WOODWARD, P ' - DERSON, P.A. 477 i An ho. . Pires, Jr. APP/nls Letters\Lorenz 9/15/92 PLEASE RESPOND TO: ❑ Marco Island Office 3 -Pelican Bay Office *Also admitted in Iowa **Also admitted in Kentucky 606 BALD EAGLE DR, SUITE 500, P.O.BOX ONE, MARCO ISLAND,FLORIDA 33969 AREA 813/394-5161 FAX 813/642-6402 PELICAN BAY 801 LAUREL OAK DR SUITE 640 NAPLES,FLORIDA 33963 AREA 813/566-3131 FAX 813/566-3161 PROFESSIONAL BLDG. 1805 COUNTY RD.951 SUITE A GOLDEN GATE FLORIDA 33999 AREA 813/455-4163 ENVIRONMENTAL SERV! E' STING OV • 35 DATE: 67/ CRAIG R, WOODWARD MARK J.`WOODWARD ':41 ION: SHANNON W. ANDERSON ANTHONY P. PIRES,JR. STEPHEN J.PETERSEN* Wojgjor S ga JOHN A. VOLDee IF.: • � J. CHRIS OPHER LOMBARDO ATTORNEYS- T-L i c - OF Co N$EL September 22, 1992LI) r,‘„etiv.- ta Mr. William Lorenz VIA FACSIMILE f►�° t " n Environmental Services Division (813) 774-9222 Collier County Courthouse Complex VA- 3301 E. Tamiami Trail Naples, Florida 33962 RE: Comments on the Internal Procedure Manual For Processing �% and Handling of NRPA's v . k Dear Bill: 051. The following are comments with regards to the proposed language concerning the above received at the September 14 , 1992, EPTAB meeting: 1) As indicated previously, I have great concerns with regards to who may initiate the process for recommending inclusion of a parcel as a NRPA. If a request for inclusion will be initiated by someone other than the County, or even when initiated by the County, the property owner should be involved at the initial stage in order to be able to review the data gathered by the County that purports to support inclusion and to provide data to the County to refute a possible recommendation for inclusion. I believe it is key that the property owner get involved early before the mechanism to include the property as a NRPA goes any further. The mechanism for the property owner to have an opportunity to review tyle data and refute the same should be included somewhere between Item 6 and Item 7 on Page 2 of the Procedure prior to EPTAB presentation stage. 2) In Item No. 7, besides the indication of the size of parcel, etc. , the pertinent information should also indicate what improvements are located on the property; what infrastructure has been constructed up to or within the proposed parcel, i .e. water lines, sewer lines, roads, etc. ; what permits and/or development approvals are in place that could afford the opportunity for immediate development of the property; any agreements between the County and the affected property owner that affect the development of the parcel . This data may also need to appear in 7 L, Physical Site Conditions. PLEASE RESPOND TO: 0 Marco Island Office Pelican Bay Office Also admitted in Iowa "Also admitted in Kentucky 606 BALD EAGLE DR., SUITE 500, P.O.BOX ONE. MARCO ISLAND,FLORIDA33969 AREA 813/394-5161 FAX 813, 642-6402 Page II William Lorenz September 22, 1992 3) The procedural protection(s) to the property owner mentioned above should also be incorporated within Item No. 7 0 on Page 5 at the stages outlined in Paragraph 16 on Page 7 and Phase III as outlined on Page 8. 4) As to the nomination form on Page 12, I have already indicated my concerns above. If we utilize the concept approved by EFTA$ you may not have as much difficulty but when you provide an opportunity to have a parcel "nominated" it seems to make it a more formal process and it seems to afford the nominator particular rights that he/she may have to appeal any declination and to cloud the property for a substantial period of time. Thank you for providing the opportunity to provide these comments . Sincerely, WOODW • . -4, • DERSON, P.A. /Arlir 400!9: A h•ny P. P`ires, Jr. APP/nls Lottgr9\N9PA 9/22/92 tLt,�'A Ocard /6ou 6'ommieio'lers COLLIER COUNTY COURTHOUSE COMPLEX OtA4i NAPLES. FLORIDA 33962-4977 ANNE GOODNIGHT RICHARD S. SHANAHAN MAX A. HASSE.JR. COMMISSIONER COMMISSIONER COMMISSIONER BURT L.SAUNDERS MICHAEL J. VOLPE JAMES C.GILES COMMISSIONER COMMISSIONER CLERK ENVIR01: NTHL 3E�VIGE PIN September 2 3A►E:92 � �- ACTION: l/ Mr. David B. Land INFO: 601 East Main Street _w �.... Immoka l ee, FL 33934 �fLE: Subject: Environmental Policy Tech i- -gv I` a a- :- Dear Mr. Land: While convened in regular session on September 22, 1992 , the Board of County Commissioners voted to reappoint you to a 4-year term on the Environmental Policy Technical Advisory Board. Your new term will expire on September 30, 1996, or at such time as the Board reappoints you or appoints your successor. On behalf of the Board of County Commissioners, I wish to extend our appreciation for your willingness to continue serving the residents of Collier County as a member cf this advisory committee. If I can ever be of service to you during your term, please do not hesitate to contact me. Very my ouv‘i Michae J. Volp Chairman Commissioner, District 2 MJV:sf cc: Bill Lorenz, Environmental Services Administrator 4111 1oard jeawaztt 6omrrlirsi.oirenY COLLIER COUNTY COURTHOUSE COMPLEX C%OVNi NAPLES, FLORIDA 33962-4977 ANNE GOODNIGHT RICHARD S.SHANAHAN MAX A. HASSE. JR. COMMISSIONER COMMISSIONER COMMISSIONER BURT L.SAUNDERS MICHAEL J.VOLPE JAMES C.GILES r-777-------------CLER+4— COMMISSIONER COMMISSIONER tl �' k y'� E v§2B?i db s+i.:ga`L SEE ii°y WATING I _ 7 September 23, 1992 1JATE: / ---�--- I ACTION: -- R Mr. Michel Saadeh 4019 Northlight Drive Naples, FL 33962 , I Subject: Environmental Policy Technical Advisory Board Dear Mr. Saadeh: While convened in regular session on September 22, 1992, the Board of County Commissioners appointed your replacement to the subject advisory committee. On behalf of the Board of County Commissioners, I would like to take this opportunity to thank you for the fine work you have done as a member of the Environmental Policy Technical Advisory Board. Enclosed is a Certificate of Appreciation to represent our gratitude for your valuable assistance. Best wishes for success in your future endeavors. Very truly yours, T'j _.),J Wr Michael , olpe, Chairman Commissioner, District 2 MJV:sf Enclosure cc: Bill Lorenz, Environmental Services Administrator .4__ 5.4 O N tt _ = :� o ‘L 47-.ciN .,� G s-.4o -, E •1.'LIf • OaardeVoyzat amin .x 4031 COLLIER COUNTY COURTHOUSE COMPLEX t'N •OLIO-L NAPLES. FLORIDA 33962-4977 ANNE GOODNIGHT RICHARD S. SHANAHAN MAX A. HASSE.JR. COMMISSIONER COMMISSIONER COMMISSIONER BURT L. SAUNDERS MICHAEL J.VOLPE JAMES C.GILES COMMISSIONER COMMISSIONER Lk l i itNIE TAL SE VECL�u 'tfdTisyl September 23 , 1992 DATE, �# � ACTION: ,.''r, -gL-'c-,--' fr Mr. Robert L. Duane INFO: 4880 6th Avenue, S.W. Naples, FL 33999 " FILE: ___________ __ Subject: Environmental Policy Technical Advi . • :.. Dear Mr. Duane: While convened in regular session on September 22, 1992, the Board of County Commissioners voted to appoint you as a regular member on the above-referenced advisory committee. Your appointment will expire on September 30, 1996, or at such time as the Board reappoints you or appoints your successor. As with any advisory group, the primary purpose is to assist and advise the Board of County Commissioners. By law, however, the ultimate decisions rest with the Commission. At times, the Commission's decisions may not reflect the recommendation of the advisory group because many facts must be taken into consideration. Section 112 . 3145 of the Florida Statutes requires that you file a Form 1, Statement of Financial Interests, within 30 days of your appointment with the Supervisor of Elections office in the county in which you permanently reside. In Collier County, the Supervisor of Elections office is located on the first floor of Building F in the County Government Complex, 3301 Tamiami Trail East, Naples, Florida 33962. A copy of the Form 1 is enclosed for this purpose, as well as a copy of the appropriate section from the Guide to the Sunshine Amendment and Code of Ethics. By copy of this letter, we are requesting Bill Lorenz, to provide you with any additional information you will needas a member of this committee. / P - - a —. p , ,, 4t,ea 4 Mr. Robert L. Duane Page Two On behalf of the Board of County Commissioners, I wish to extend our appreciation to you for your willingness to serve the residents of Collier County as a member of this advisory board. ery trul yours, �� .3 �� Michael r . Volpe, Chairman Commissioner, District 2 MJV:sf Enclosures cc: Mary Morgan, Supervisor of Elections Bill Lorenz, Environmental Services Administrator r �_ Gu��L„1) xoa d o/6ot� Cornmt y,thiz e COLLIER COUNTY COURTHOUSE COMPLEX roUN 'l NAPLES, FLORIDA 33962-4977 ANNE GOODNIGHT RICHARD S.SHANAHAN MAX A. HASSE. JR. COMMISSIONER COMMISSIONER COMMISSIONER BURT L.SAUNDERS MICHAEL J.VOLPE JAMES C. GILES COMMISSIONER COMMISSIONER CLERK September 23, 1992 ` I � k "mh r ;! � , C1 JT1 G DATE: __ / ACTION. Mr. David S. Wilkison 6820 Daniels Road s Is,FO: i Naples, FL 33999 ! Subject: Environmental Policy Technical Advispry.-Board - _Li Dear Mr. Wilkison: While convened in regular session on September 22, 1992, the Board of County Commissioners appointed your replacement to the subject advisory committee. On behalf of the Board of County Commissioners, I would like to take this opportunity to thank you for the fine work you have done as a member of the Environmental Policy Technical Advisory Board. Enclosed is a Certificate of Appreciation to represent our gratitude for your valuable assistance. Best wishes for success in your future endeavors. Irt-ykr,tr1 y yours, cAe Michael . Volpe, Chairman Commissioner, District 2 f MJV:sf Enclosure cc: Bill Lorenz, Environmental Services Administrator .moi q .i. ISI t—e 4,4 IS1 mE `� q r: ) . C2 7.--1 .04 + FC N 1 ' 0/ AliL lie t,,,) En IA ni a) Z., n 4.4 Q -..-. u; ...= H -d - r.!‘ A ' • r el A 4:4 isk 44 Z E e t''Lit. COLLIER COUNTY COURTHOUSE COMPLEX tOUN'i NAPLES. FLORIDA 33962-4977 ANNE GOODNIGHT RICHARD S.SHANAHAN MAX A. HASSE.JR. COMMISSIONER COMMISSIONER COMMISSIONER BURT L. SAUNDERS MICHAEL J.VOLPE JAMES C.GILES COMMISSIONER COMMISSIONER CLERK ENVIRONtliENTAL SERVICES RUTING September 23 , 19 1 DATE: 9-2 1 ACTION: ,'t.42 � �f r Ms. Nancy Anne Payton `I FU: 2069 River Reach Drive, #414 1 - 1 Naples, FL 33942 1 . 4-- I Subject: Environmental Policy Technical Act via=.5.ot41.130,ard _.-_--- Dear Ms. Payton: While convened in regular session on September 22, 1992 , the Board of County Commissioners voted to appoint you as a regular member on the above-referenced advisory committee. Your appointment will expire on September 30, 1996, or at such time as the Board reappoints you or appoints your successor. As with any advisory group, the primary purpose is to assist and advise the Board of County Commissioners. By law, however, the ultimate decisions rest with the Commission. At times, the Commission's decisions may not reflect the recommendation of the advisory group because many facts must be taken into consideration. Section 112 . 3145 of the Florida Statutes requires that you file a Form 1, Statement of Financial Interests, within 30 days of your appointment with the Supervisor of Elections office in the county in which you permanently reside. In Collier County, the Supervisor of Elections office is located on the first floor of Building F in the County Government Complex, 3301 Tamiami Trail East, Naples, Florida 33962 . A copy of the Form 1 is enclosed for this purpose, as well as a copy of the appropriate section from the Guide to the Sunshine Amendment and Code of Ethics. By copy of this letter, we are requesting Bill Lorenz, to provide you with any additional information you will need as a member of this committee. 1 .-iiv 1 .4._):7,1 ,00-4.,---, � \ wls i // / , 'Iv „ , /:114,121 ' w-_-- PROCE88ING AND`PRIORITIZATION OF NRPAs BY THE NATURAL RESOURCES DEPARTMENT--(NRD) 4 1, In order to designate a/NRPA,, the im`por£att: ttributes the Teeter{s}ffunetens{s}-te-b+ -preteeted mustbe identified and /, given a value rating to justify protection. To aid in this 7 G process a matrix is suggested which shows each faetorffunet4ert C77/?1/attribute and th a__value assigned to -it-in summary form. The ! e value scale is: not applicable, low, medium, and higher Each le) '\ / faetor f fu et!e attribute wi ll be documented in-the to ant3.-a--..- ,� Vii^' ( justificati provided for the value level selecte✓d�,- A proposed / �� _ matrix is- includye..d� ♦din Attachm/ent 1. ! , f A sand fiatrix ..is.--proposed which presents in summary form a list 1.11 o ial,.Management' protection alternatives with a range of ,pplicabil.-i€y as follows: . not applicable, voluntary, incentive, and mandatory. In the. text supporting the NRPA' s each 4t �° alternative will be explained as it applies to the project under J- �� consideration. A justification will be presented for the level 7r' of applicabili y recommended. The proposed matrix 4s included inl" ,; /Attachment 1. '__1, 1;/Vie ` 'i /' ,7)/ `%*, ° ',./ 1-2/ r?-1Ji.V-7;,-. statement s l• be i c uded in fr1prcpc1fo1r NRPA's - u defining gen- y and specifically the desired-result{s} purpose �'� and best use for each NRPA. in-a Generally-sense the result{s} r/ sheu/d-be-elassified classification should be as preservation, 4 '-' enhancement, restoration, and/or change of original functio s afar-examp -ereatien-of-an-artifieial-Wetland)-7 Specific 410 •C'2' ji-j- etailsfTd be provided that show how the desired-results •est// er,, uses are to be attaine• . S . e s basis the NRD will provide a delineation of th- management goal that is are focused on thejj) each NRPA in-paint an. wil develop a recommendation for '` 5- I rejection, acceptance or .cceptance with modification, for transmittal to ERTAB. Phe •ro•osal for desi•nation of a NRP• ma` be made b the NIR ,n other interested party ' {��Sc vimaro- i.,..--- ,d/ ' ®0 :// li'e'ci" P A$i 1 4 `//' ! , / a� \ riC,, P154) /1 it . \ , c, .1 „' ,,t /6,r e,,,;_.?1 :t \ 1 0 101 /4/*,0?-;:// ,- '1 , . �/ 71 ," iit ,, , i. ✓ ' " . 'n-'7','.4' . �7 / 1 / , f - G ) 12,,,-,4,,,„„ ,,•1/,,,) _ , , . , / i( ``, � /2,,),i , ,, /i. � A117- oil( / , rL l2 ( � ✓ ' ' / ' lf. , f7 7, f r ,14/1 fJ�'� °f tkAAA/u -s ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD . AGENDA ap DATE: Monday, September 28, 1992 ` =� ',74Zy ALtiyittir PLACE: Conference Room C, 3rd Floor Building H TIME: 4 : 00 p.m. I. Call Meeting to Order II. Roll Call III . Approval of Minutes IV. Old Business A. NRPA (Internal processing by Natural Resources Dept. ) B. Landfill expansion statement V. New Business A. ADID Presentation B. Rookery Bay (by Environmental Protection Agency personnel) VI. Public Comments VII. Adjournment ENVIRONMENTAL PROTECTION TECHNICAL ADVISORY BOARD MINUTES OF 9/28/92 PRESENT: Glen Simpson Tony Pires Mike Davis David Addison David Maeher Larry Richardson Gary Beardsley Nancy Payton STAFF: Bill Lorenz Fran Stallings Dick Hartwell Kevin Dugan Mercedes McCallen Mac Hatcher PUBLIC: Mike Langella Susan Davis, FDNR Jim Couch, EPA Larry Banwart, SCS Tom Smith, FDNR Chris Straton Tony Polizos, SCS Barbara Pyrnoski, CC Ginger Westman Veronica Fasselt, EPA 1. Veronica Fasselt, USEPA, made a presentation on the "Rookery Bay Wetlands Advance Identification (ADID) Project" . The project uses data from several agencies and will identify wetlands that are sensitive and require protection and less valuable wetlands that may be suitable for filling. 2 . Minutes from 9/14/92 meeting were approved with no changes. 3 . Financial Disclosure documents need to be completed and submitted. 4 . Old Business: Fran Stallings presented NRPA proposed procedures with staff changes in response to Tony Pires comments. Key changes included staff proposing NRPA's, EPTAB ranking NRPA's, meeting Growth Management Plan amendment deadlines, and NRPA's designated as ST on future land use maps. It was requested that NRPA's be discussed again next meeting and staff should provide copies of the Golden Gate Master Plan policies on the "Southern Estates" as an example. Fran Stallings indicated that "Tax incentive" issues may require some input from the Tax Appraisers Office regarding legal mechanisms. 5. It was suggested a change to the Landfill expansion resolution to make a more positive comment. The change is to the 5th whereas and will read "must be undertaken with ^ r the forementioned objectives. " The motion to send a brief cover letter to the Board of County Commissioners with the attached changed resolution was approved. 6. Public Comment: Chris Straton invited everyone to attend Eagle Expo, October 11, 1992 at 2: 00 p.m. at the Conservancy on Collier County Bald Eagles. Ginger Westman indicated that the Board of County Commissioners was to discuss changes to the county beaches at the Board of County Commissioners meeting 9/29/92 . 7 . Meetings were set for October 12th, and 26th and the topics are to be NRPA's and elections. ,---. -e-•Ji 64 IA1 ss A _m22A,,_zi 77,a-L- /1//itD PiA/6--ett/i- - A) 6 Ai //v. . , ,----- (4+-' ill ci-e r Wes i pt 4 0 - :-.MilV CC, / A-9-444, PeAs4-PvzA-'..o "tvfi.,41arj.,( chtX., J it Ct n 11- tS (3-rYcf: c.,-v) r fr" 1 e v, ei !, 0 . _ , ', -, ,I\te. r-C ,2_404 e c M C' C-1---4 -e ,--•\. N R 0 • ii.:,ce._ tozen...) C-A-_,i). c),E,-,2_,J £ Q - CA Actekso,'„\ / (r 44--- , e/ V/ ) i k4-4..,401:41.14*r ) / A)k ALc2 1 -4 t i+OL.T.w' ......td.'C.)CA CC"‘" ..S , ‘..S"''‘.•i&' ' '. W.- l'e 4.J,t )'0 k, '-itt,, _ca9,)fri,,c. iec,vtctlee 71 C—S - --/Av-7"eltrece — 4E/0%4- DRAFT REVISED 9/29/92 RESOLUTION WHEREAS, the Collier County Comprehensive Plan Conservation and Coastal Management Element contains certain requirements for the preservation, protection and management of the natural resources of Collier County, Florida; and, WHEREAS, the Comprehensive Plan and the requirements of Florida Statutes, Chapter 163 require that the goals, objectives, policies , elements and sub-elements of such plans be applicable to all development activities by all entities , including all persons and all governmental subdivisions within the jurisdiction of said Comprehensive Plan; and, WHEREAS, all land development activities undertaken by any person pursuant to the approval process must be consistent with all elements of the Comprehensive Plan; and, WHEREAS, all development activities on the part of the local government, including that of Collier County, must be consistent with each and every element, sub-element and portion of every element of the Comprehensive Plan by virtue of the requirements of Chapter 163 . , Florida Statutes ; and, WHEREAS, it has come to the attention of EPTAB that various projects being initiated, guided by or under the jurisdiction of Collier County may be undertaken without any thought to compliance with the aforesaid requirements; and, WHEREAS, the Environmental Policy Technical Advisory Board (EPTAB) feels it important to reiterate that all projects initiated, guided by, or under the jurisdiction of Collier County must be undertaken in compliance with the aforesaid requirements; and, NOW THEREFORE BE IT RESOLVED that EPTAB hereby recommends to the Board of County Commissioners of Collier County, Florida, that the Board of County Commissioners direct its staff in all phases and all offices that all development activities on the part of Collier County, as such development activities are defined under Chapter 163 , Florida Statutes , and all applicable rules and regulations promulgated thereof , be complied with, adhered to and conformed to by Collier County. BE IT FURTHER RESOLVED that Collier County before embarking on any capital improvement programs or infrastructure improvements ensure and ascertain that such activities are consistent with each and every element and sub-element of the Comprehensive Plan, including those concerning the County's natural resources, prior to the implementation and expenditure of funds on the part of Collier County. j?reetaeagr61 CRAIG R. WOODWARD J. W O DWARD SHANNON W. ANDERSON 'COJeltleA4407b'4Ji g ANTHONY P. EI S,JR. STEPHEN J. PETERSEN* JOHN A. NOLD** f`J. CHRISTOPHER LOMBARDO --, ATTORNEYS-AT-LAW OF COUNSEL- L, .i.;;;.. <rlu JDAIE: _.... /b//b/2- ACTION: b/// 'ACTION: V -' ,,,,,,t, esk September 30 , 1992 INFO: --- Mr. William Lorenz VIP '•FACSIMILE --- Environmental Services Division (814r774-9222 Collier County Courthouse Complex ___ --•___._ v..r..,..__.______ ._•,_,, 3301 E. Tamiami Trail Naples, Florida 33962 RE: Excused absence from October 12 , 1992 EPTAB Meeting Dear Bill : I will be out of town on October 12 , 1992 , on family business and hereby request an excused absence from the scheduled EPTAB meeting. I thank you in advance for your consideration and cooperation with regards to this matter. Sincerfrly, ,,/ "IIIP) . ony ' . Pires , Jr. APP/nls PLEASE RESPOND TO: ❑ Marco Island Office 0—Pelican Bay Office *Also admitted in Iowa **Also admitted in Kentucky 606 BALD EAGLE DR, SUITE 500, P.O.BOX ONE, MARCO ISLAND,FLORIDA 33969 AREA 813/394-5161 FAX 813/642-6402 PELICAN BAY 801 LAUREL OAK DR SUITE 640 NAPLES,FLORIDA 33963 AREA 813/566-3131 FAX 813/566-3161 CRAIG R.WOODWARD 5leocakage6, cWiti/r4 MARK J.WOODWARD SHANNON W.ANDERSON CANTHONY P.PIRES,JR STEPHEN P. SER. ✓��J * * . JOHN A. NOLD** J. CHRISTOPHER LOMBARDO ATTORNEYS-AT-LAW OF COUNSEL ENVIRONMENTAL SL i1Ci E 3 # 3l September 30, 1992 DATA: /0 i / Z Mr. William Lorenz ACTION: w.---- Environmental Services Division Collier County Courthouse Complex 3301 E. Tamiami Trail INFO: Naples, Florida 33962 RE: EPTAB / Resolution Dear Bill : L.. Enclosed please find the revised Resolution as approved by the Board at the September 28 , 1992 , meeting. If you have any further questions, please do not hesitate to contact me. Sincerely, WOODWARD, PIRES E •NDERSON, P.A. Anthony P. Pires, Jr. APP/nls Enclosure as noted PLEASE RESPOND TO: Marco Island Office Pelican Bay Office *Also admitted in Iowa **Also admitted in Kentucky 606 BALD EAGLE DR, SUITE 500, P.O.BOX ONE, MARCO ISLAND,FLORIDA 33969 AREA 813/394-5161 FAX 813/642-6402 PELICAN BAY 801 LAUREL OAK DR SUITE 640 NAPLES,FLORIDA 33963 AREA 813/566-3131 FAX 813/566-3161 1 4 COLLIER COUNTY GOVERNMENT DIVISION OF ENVIRONMENTAL SERVICES 3301 E.TAMIAMI TR. ADMINISTRATION NAPLES,FL 33962 (813) 774-8849 A CERTIFIED BLUE CHIP COMMUNITY October 6, 1992 Mr. Robert L. Duane, A. I.C.P. Hole, Montes & Associates, Inc. 715 Tenth Street, South Naples, Fla. 33942 Dear Mr. Duane: For your information, I have attached Ordinance 91-48 which outlines the duties and responsibilities of the Environmental Policy Technical Advisory Board members. If you have any questions or would like additional information, please advise. Sincerely, William D. Lorenz Jr. , P.E. , Administrator Environmental Services Division WDL:pc Attachment w"ACOLLIER COUNTY GOVERNMENT DIVISION OF ENVIRONMENTAL SERVICES 3301 E.TAMIAMI TR. ADMINISTRATION NAPLES,FL 33962 (813) 774-8849 A CERTIFIED BLUE CHIP COMMUNITY October 6, 1992 Ms. Nancy Anne Payton 2069 River Reach Dr. , #414 Naples, Fla. 33942 Dear Ms. Payton: For your information, I have attached Ordinance 91-48 which outlines the duties and responsibilities of the Environmental Policy Technical Advisory Board members. If you have any questions or would like additional information, please advise. Sincerely, 1 William D. 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FROM: 2_,_c%1 TELEPHONE: (813) 774-8444 732--2-1,.c-- FAX: 32 cFAX: (813) 774-9222 Collier County Natural Resources Department, Building S4-rt 3301 East Tamimai Trail Naples, Florida 33962 g S ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF OCTOBER 12, 1992 PRESENT: Glenn Simpson Dave Maehr Nancy Anne Payton Gary Beardsley Larry Richardson David Land Robert Duane Mike Davis Steve Means David Addison STAFF: Bill Lorenz Kevin Dugan Dick Hartwell Fran Stallings Mercedes McCallen Mac Hatcher PUBLIC Virginia B. Corkran 1. Election of Officers David Maehr was the only nominated candidate for Chairman. Mike Davis was elected as Vice-chairman in a run-off with Larry Richardson by 6 to 1 vote. Steve Means was dropped in the preliminary vote. 2 . Minutes from 9/28/92 meeting were approved by a 10-1 vote. Gary Beardsley did not receive a copy of the minutes. 3 . Old Business Fran Stallings and Dick Hartwell presented revised NRPA procedures in response to EPTAB members comments. Primary changes included a definition section and flow chart to show Future Land Use amendment cycle. Discussion regarding adoption as an ordinance, quickest process for adoption, and a request for prioritization followed. Prioritization is to be discussed at the next meeting. Habitat Protection Ordinance is still being reviewed by Legal Department. 4 . Future meeting dates set for November 9th and 23rd and December 7th and 21st, 1992 . 5. Public Comments: Virginia Corkran indicated that integrated NRPAs would be worth more than individual separate NRPAs. 6. A request for copies of GOPs from the GMP was made for EPTAB members (2 members have copies now) . IITT177.i1A OCT 23 . r4As ` E CUR CES MANAGEMENT PROCEDURE FOR THE ESTABLISHMENT OF NATURAL RESOURCES PROTECTION AREAS (NRPAs) FOR COLLIER COUNTY, FLORIDA Collier County Natural Resources Department August 3 , 1992 The Collier County Growth Management Plan directs that the county complete by August 1, 1994 , the phased delineation, data gathering, management guidelines, and implementation of the County Natural Resource Protection Areas (NRPA) program. That direction falls under Goal 1, Objective 1. 3 of the Conservation and Coastal Management Element. Objective 1. 3 reads as follows: OBJECTIVE: 1.3 By August 1, 1994 , complete the phased delineation, data gathering, management guidelines and implementation of the County Natural Resources Protection Areas (NRPA) program. POLICY: 1. 3. 1 The program will include the following: A. Identification of the NRPAs in map form as an overlay to the Future Land Use Plan Map; B. A process for verifying the existence and boundaries of NRPAs during development permit applications; C. 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; -1- D. 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; E. 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; F. A program to pursue Delegation of Authority agreements with State and Federal permitting agencies for local regulation of activities that may alter the biological and physical characteristics of NRPA. G. The county shall seek assistance from and support State (e.g. CARL, SOR) or Federal land acquisition programs for county areas qualifying as NRPAs. 1.3.2 By August 1, 1990, designate and adopt management guidelines for the undeveloped coastal barrier and estuarine natural resources protection area. 1. 3.3 Guided by the Technical Advisory Committee, between August 1, 1990 and August 1, 1994 , designate and adopt management guidelines and performance standards for -2- county natural resource protection areas. Implementation shall occur on an annual basis as NRPAs and their implementation criteria are developed. 1. 3.4 Where possible, the implementation of the NRPA program shall be coordinated with the preparation and implementation of watershed and sub-basin management plans. In order to implement the directions contained in Objective 1. 3 it is necessary to identify the areas to be designated as NRPAs. This task of identification is perceived to be a process that will be instituted and then conducted over a period of time at a high level of intensity, but not terminated once the primary task of identification is completed. The process should remain in effect so that any areas qualifying as NRPAs that may have been overlooked during the initial period of identification can be brought in at a later date. Also changing conditions in the county can be expected to require that some sites not previously recognized or deemed important enough to be a NRPA be assessed for possible inclusion on the list. The possibility likewise exists that subsequent events may alter the ecological significance of previously designated NRPAs to the extent that a modification is required. Therefore it is recommended that the identification process herein proposed be retained for future use as both a mechanism for placing an area on the list and modifying a previously designated area should conditions so warrant. In presenting the process to be utilized the directions listed in Objective 1. 3 will be taken in order followed by a summary statement. A. Identification of the NRPAs in map form as an overlay to the Future Land Use Plan Map. The formal definition of NRPAs as used in the Collier County Growth Management Plan is as follows: Natural resource protection area (NRPA) means portions of the County that have been identified by the Collier -3- County Natural Resources Department (NRD) as being of extreme importance for one or more critical ecological functions. Some of these critical ecological functions are: aquifer recharge, storm water detention, protected and unprotected wildlife habitat, and normal conveyance of water toward the County estuaries. Types of Areas of Critical County Concern are: 1. Water Protection and Conservation Areas 2 . Estuarine and Coastal Barrier Systems 3 . Critical Ecological Corridors 4 . Rare, Unique and Endangered Habitats 5. Habitat of listed plant & animal species Definitions COASTAL BARRIERS means barrier islands, spits, peninsulas, or similar landforms, including the Florida Keys, which front on the Atlantic Ocean, Gulf of Mexico, or Straits of Florida and which separate estuaries or harbors from the open waters of the Atlantic Ocean, Gulf of Mexico, or Straits of Florida. Rule 9J-5. 003 (12) , F.A.C. COASTAL BAY means body(ies) of brackish water usually land-locked on three sides, that naturally obtain fresh water run-off from rivers or streams. CONSERVATION means the wise use of natural resources in such a manner to ensure the continuation of such resources for future generations. CRITICAL ECOLOGICAL CORRIDORS means strips of land, or habitat islands, of intact, naturally occurring native habitat, that connect larger intact natural habitat areas, and allow the movement of species and/or gene flow between the larger natural habitat areas. ECOSYSTEM means any biotic community and its abiotic environment. -4- ENDANGERED means species in danger of extinction if the deleterious factors affecting their populations continue to operate. ENDANGERED HABITATS means habitats and resident species in imminent danger of extinction or extirpation; habitat survival is unlikely if present factors that threaten the habitat continue to operate (modified from Ward, 1979) . ENVIRONMENTALLY SENSITIVE AREA means unique uplands, wetlands, and any natural area which would be adversely impacted by development. ESTUARIES AND COASTAL BARRIER SYSTEMS (ECBS) means systems of mangrove habitat and other coastal barriers functioning as natural buffers and protection from hurricane and tropical storm surge, and as benthic, planktonic, and pelagic systems necessary to support viable fisheries (adopted from Appendix M, Growth Management Plan) . FASTLAND means that portion of a coastal island above the upper limit of tidal wetland vegetation, or, if such vegetation is not present, that portion of the island above the mean high water line. (Proposed revision to Rule 18-21. 003 (22) F.A.C. ) This area does not include interior wetlands. HABITAT means a place where an animal or plant normally lives, often characterized by a dominant plant form or physical characteristic. HAMMOCK means a group of "broad-leaved trees, either evergreen or deciduous, which are frequently associated with cabbage palm or other palms. . . forming a dense forest compared to the surrounding forests, marshes, or prairies" (Davis, 1943) . MANGROVE FOREST means an intertidal forest dominated by red mangrove, (Rhizophora mangle) , black mangrove (Avicennia germinans) , white mangrove (Laguncularia racemosa) , buttonwood (Conocarpus erectus) , or any combination of these species. MARINE HABITAT means areas where living marine resources naturally occur, such as mangroves, seagrass beds, algal beds, salt marshes, marine wetlands, rocky shore communities, hard bottom communities, oyster bars or flats, mud flats, coral reefs, worm reefs, artificial reefs, offshore springs, nearshore mineral deposits, and offshore sand deposits. Modified from Rule 9J-5. 003 (48) , F.A.C. -5- RARE means species which, although not presently endangered or threatened (as defined in this section) , are potentially at risk because they are found only within a restricted geographic area of habitat or are sparsely distributed over a more extensive range. RARE, UNIQUE, OR ENDANGERED (RUE) HABITATS means nearly undisturbed habitats that are unusual, rare, or unique to Collier County (Appendix M, Growth Management Plan) . SPECIES OF SPECIAL CONCERN means species that do not clearly fit into one of these categories - endangered, threatened, or rare - yet warrant special attention. THREATENED means species that are likely to become endangered within the foreseeable future if current trends continue. VEGETATIVE COMMUNITIES means ecological communities, such as coastal strands, oak hammocks, and cypress swamps, which are classified based on the presence of certain soils, vegetation and animals. Rule 9J-5. 003 (95) , F.A.C. WATER PROTECTION AND CONSERVATION AREA means an area that provides water conveyance and water storage for present and future aquifer recharge, fire retardation, wellfield water quality protection, and natural area wildlife protection (adopted from Appendix M, Growth Management Plan) . WETLANDS means (but is not limited to) a general term referring to a configuration of diverse ecosystems that are periodically inundated with fresh and/or salt water; those areas where the water level is at, near, or above the land surface for a significant part of most years, WET PRAIRIE means shallow grassy marshes with few tall emergents; often found on marl soils (Ward, 1979) . XERIC SCRUB means an old dune fine white sand substrate; xeric; subtropical; occasional or rare fire; vegetation characterized by sand pine and/or scrub oaks and/or rosemary and cladonia. Sand pine with thickets of scrub oaks and other low trees or shrubs, mostly on near-coastal and inland dunes or dry sands. In parts of Collier County scattered turkey oaks are present in this habitat. XERISCAPE means creating a landscape that uses drought-tolerant plants, emphasizing native plants. -6- In applying this definition some protection areas may be designated on the basis of only one factor such as an outstanding groundwater recharge area, endangered plant, animal, or perhaps a bird rookery. In most cases a combination of factors would combine at a particular site to create a level of significance appropriate to designate a NRPA. In a very broad sense the entire county could be considered to be of "extreme importance for one or more critical ecological functions, " however, it is clearly not the intent that the entire county would be so classified. In order to maximize the degree of habitat protection to be provided, without unduly burdening or restricting other land uses it is proposed to employ four levels of habitat protection for the NRPAs program. It should be noted that many of the protective action utilized at the lower levels of protection are also appropriate and helpful at the highest levels of protection. The first level is a broad approach that does not employ additional regulations and is voluntary. It will encompass all areas not falling in the other three categories. The emphasis here would be the provision of information that would encourage citizens to implement practices such as water conservation, xeriscaping, animal and bird protection, proper waste disposal, recycling and other appropriate measures. The second level of protection will likewise not require any additional regulation but will depend upon various incentives (such as tax relief, purchase of development rights) to provide the required levels of protection. Areas included herein would generally be those where a relatively large area, cumulatively, is important and where a satisfactory level of protection can be attained by appropriate land-use practices covering a given percentage of the tract, as opposed to one or more specific sites. In other words a satisfactory result could be obtained if, for example, the desired level of protection were applied to 40-60% of the area and required protection was not site specific within the tract. An important tool that would be appropriate is a conservation easement. The third level of protection would require some additional regulation but would stop short of acquisition. Here the NRPA would exhibit inadequate protection under current conditions and this deficiency could be corrected by the establishment of regulations. Areas included may be in public ownership or could be privately owned. As an example, an offshore bar where seabirds rest and feed at low tide could have a regulation imposed that makes it unlawful to disturb the birds. -7- Another example could be an area, where a high degree of groundwater recharge has been documented, having one or more restrictions applied that would protect the groundwater recharge function. Conservation easements and mitigation could be mandatory for some of the sites. The appropriate level of protection could be obtained through regulations without unduly restricting uses to the extent that it would be necessary to purchase the property. Some forms of compensation such as tax relief, purchase of water rights, or transfer of development rights may be employed. The fourth level of protection would represent an unusually outstanding area where the needed protection could not be achieved without overly restricting the owner's use of the property. In this case public acquisition would be recommended. Where it is clear that significant and permanent harm or damage would occur to the public interest the use of eminent domain proceedings for acquisition should be an option. It should also be noted that in certain situations it may be to an owner's advantage, tax wise, to transfer the property in this manner. Various areas stand out as potential NRPAs. The process for designating a NRPA would begin with the NRD staff acting upon its own initiative or upon recommendations directed either to the NRD staff or EPTAB. NRD will assign priorities to proposed sites along with a proposed work schedule for the forthcoming year. If the NRD recommends rejection and EPTAB sustains the rejection the proposed sites will be dropped unless NRD is directed either by the County Manager or the BCC to continue processing the tract. The NRD will prepare a more detailed analysis for approved projects and will present the data to EPTAB for a workshop and formal recommendation before proceeding. The full process recommended for the designation of NRPAs is presented in chart form as Attachment 1. B. Process for verifying the existence and boundaries of NRPAs during development permit applications. The NRD will furnish Collier County Development Services Division maps and appropriate written descriptions of the boundaries of NRPAs. The material furnished by NRD will be of sufficient detail that most determinations of applicability can occur quickly. In more complex cases, or if a dispute arises, the project should be referred to NRD for a determination. -8- C. 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; NRD will develop management goals and standards appropriate to each NRPA to insure protection of natural resource values, maintenance of ecological systems, and restoration or mitigation as appropriate. These guidelines and standards will be a part of the implementation strategy to be considered at the EPTAB workshop and subsequent steps in the approval process. In final form the NRPA will be set up as an ST overlay on the future land use plan. An appendix will list the approved levels of protection and how they are to be implemented. It is anticipated that amendments to the Comprehensive Growth Management Plan and to the Land Development Code will be required. D. A 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; NRD assisted by Development Services on an as needed basis will perform the required review process, including ground truthing where appropriate. E. 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; -9- NRD will develop recommendations detailing the levels of protection deemed appropriate for each individual NRPA beginning with the EPTAB workshop. These recommendations will be a part of the implementation strategy as noted under "C" above. F. A program to pursue Delegation of Authority agreements with State and Federal permitting agencies for local regulation of activities that characteristics of NRPA. NRD will analyze the need for and recommend to the BCC any agreements deemed necessary for the effective stewardship of these resources including management responsibilities. G. The county shall seek assistance from and support State (e.g. CARL, SOR) or Federal land acquisition programs for county areas qualifying as NRPAs. NRD will support and facilitate public acquisition of NRPAs where appropriate utilizing available support from individuals, governmental entities and other sources. This proposal is presented for the consideration of EPTAB and other interested parties. Your time and effort in reviewing this proposal is appreciated and your comments will be carefully considered in revising this document. -10- ADOPTED BY ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD 9/28/92 RESOLUTION WHEREAS, the Collier County Comprehensive Plan Conservation and Coastal Management Element contains certain requirements for the preservation, protection and management of the natural resources of Collier County, Florida; and, WHEREAS, the Comprehensive Plan and the requirements of Florida Statutes, Chapter 163 require that the goals, objectives, policies, elements and sub-elements of such plans be applicable to all development activities by all entities, including all persons and all governmental subdivisions within the jurisdiction of said Comprehensive Plan; and, WHEREAS, all land development activities undertaken by any person pursuant to the approval process must be consistent with all elements of the Comprehensive Plan; and, WHEREAS, all development activities on the part of the local government, including that of Collier County, must be consistent with each and every element, sub-element and portion of every element of the Comprehensive Plan by virtue of the requirements of Chapter 163 , Florida Statutes; and, WHEREAS, the Environmental Policy Technical Advisory Board (EPTAB) feels it important to reiterate that all projects initiated, guided by, or under the jurisdiction of Collier County by undertaken with the forementioned objectives; and, NOW THEREFORE BE IT RESOLVED that EPTAB hereby recommends to the Board of County Commissioners of Collier County, Florida, that the Board of County Commissioners direct its staff in all phases and all offices that all development activities are defined under Chapter 163 , Florida Statutes, and all applicable rules and regulations promulgated thereof, be complied with, adhered to and conformed to by Collier County. BE IT FURTHER RESOLVED that Collier County before embarking on any capital improvement programs or infrastructure improvements ensure and ascertain that such activities are consistent with each and every element and sub-element of the Comprehensive Plan, including those concerning the County's natural resources, prior to the implementation and expenditure of funds on the part of Collier County. REVISED: 10-15-92 PROCESSING AND PRIORITIZATION OF NRPAs BY THE NATURAL RESOURCES DEPARTMENT (NRD) In order to designate a Natural Resource Protection Area (NRPA) , the important functions or attributes must be identified and give a value rating to justify protection. To aid in this process a matrix is suggested which shows each attribute and the value assigned to it in summary form. The value scale is: not applicable, low, medium, and high. Each attribute will be documented in the text and a justification provided for the value level selected. A proposed matrix is included in Attachment 1. A second matrix is proposed which presents in summary form a list of potential protection alternatives with a range of applicability as follows: not applicable, voluntary, incentive, and mandatory. In the text supporting the NRPA' s each alternative will be explained as it applies to the project under consideration. A justification will be presented for the level of applicability recommended. The proposed matrix is included in Attachment 1. A statement will be included in the proposal for a NRPA's defining generally and specifically the purpose and best use for each NRPA. Generally the classification should be preservation, enhancement, restoration, and/or change of functions. Specific details will be provided that show how the best uses are to be attained. On this basis the NRD will provide a delineation of the management goals that are focused on each NRPA and will develop a recommendation for rejection, acceptance or acceptance with modification, for transmittal to EPTAB. The proposal for designation of a NRPA shall be made by the NRD or EPTAB. Other interested parties may request that EPTAB or NRD take specific areas under consideration for designation as NRPAs. ENVIRONMENTAL SERVICES DIVISION MEMORANDUM TO: Board of County Commissioners FROM: William D. Lorenz. , P.E. , Administrator Environmental Services Division DATE: 29-Oct-1992 SUBJECT: EPTAB Resolution - Consistency of County projects with the Growth Management Plan On October 5th a draft of the above referenced Resolution was forwarded to you. Please disregard that copy and replace with the attached adopted copy. If you have any questions, please give me a call at 732-2500. WDL:pc c: EPTAB members Neil Dorrill, County Manager Ken Cuyler, County Attorney Environmental Services File "ROVED: D-R-A-F-T ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF NOVEMBER 9, 1992 PRESENT: David Maehr Tony Pires Robert Duane Mike Davis David Land Nancy Payton Gary Beardsley ABSENT: Glen Simpson Steve Means Larry Richardson Dave Addison STAFF: Bill Lorenz Fran Stallings Kevin Dugan Dick Hartwell Mercedes McCallen Doug Suitor PUBLIC: Chris Straton Bill Branan Ben Vanderford Virginia Corkran 1. Meeting was called to order at 4 :05, the roll was called and the minutes were not approved. It was put in the record that the minutes from the 10/26 meeting should be amended to include the concerns of Tony Pires et al about the voting conflicts that may arise during the NRPA procedures. It was also stated that the word draft should be stamped on the minutes and other documents until they are officially approved. 2 . Chairman Dave Maehr explained the procedures for the upcoming discussions. 3 . Under Old Business the NGGE NRPA was discussed. Several members commented on the need to be consistent with each proposed NRPA. What land uses, what alterations e.g. . houses, roads etc. Also what type of constraints e.g. . acquisition, voluntary etc. David Land proposed the two part MOTION; Staff will focus on developing the following NRPAs: 1st. NGGE with the boundaries outlined in the GG Sector Plan, 2nd. SGGE, 3rd. Belle Meade, 4th. Rookery Bay, 5th. CREW, 6th Gordon River Corridor, 7th Okaloacoochee Slough, and 8th. Cape Romano. Within 30 days staff will come back with the NGGE NRPA boundary outlined with the primary focus the following overlays: Eagle nests, Panthers, Black Bears, Well Field Protection areas, Key recharge areas based on soils type, Any known "at risk" Habitats/Species, Primary natural corridors (existing, reasonably reclaimable) , Flood control/ surface water flow (current/reasonably modified) , and area (actually sub-areas) most at risk to development. A discussion ensued concerning the priorities and the complexity of the NGGE NRPA. -1- PROVED: D-R-A-F-T Tony Pires 2nd the motion and a vote was called. The motion passed with one dissenting vote. 4 . Gary Beardsley suggested expanding the ACSC to include the SGGE. 5. Dick Hartwell of the NRD gave a presentation on the Clam Bay NRPA. Questions were raised concerning what was included in the Conservation Easement, why the NRPA was necessary, and why the County should be paying for management within the CE. It was also pointed out that the Preliminary Narrative was omitted. It was recommended that the Introductory Narrative be included, broaden the Management Plan, and define the boundaries and return the NRPA for further discussion. 6. For the next meeting Bill Lorenz suggested: Bob Blanchard will discuss NRPAs as part of the Future Land Use Element. Analysis of high re-charge areas. 7. Meeting adjourned 6: 20. -2- • p. • • pending with the Oregon Supreme Court. • 1i m� Regulatory Takings, Court Cases "Every time we talk about the property; I want to burst into tears because I can't No Loner Mostl Favor Takers believeaysthe injustice of it all Mrs. Dodd g Y Continued From Page B1 have campfires,"says Mr. Dodd. Carolina courts with instructions that he is The county's planning director, Mi- owed compensation unless narrow excep- chael Nagler, didn't return calls. John T. tions to the law apply,such as if homes on Bagg, assistant Oregon attorney general, his property would constitute a public says simply that past Oregon court cases nuisance. (The court said such nuisances support his view that because the Dodds would be a nuclear reactor built atop an are left with some property value, they earthquake fault, or filling in a lake so shouldn't be reimbursed. that it would flood other properties.) Meanwhile, the Dodds' lives are in But the Lucas case involved a "total limbo. Mr. Dodd took up odd jobs while taking"of property. It left unresolved the they wrote local politicians for help.When more common issue of a partial taking, none intervened, they found a nonprofit when the economic value of an affected law firm to take their case and filed property is sharply reduced but not de- complaints in the Oregon state courts for stroyed. ret6rn of their investment. Two courts In New Jersey,for example,Loveladies have turned them down, and an appeal is Harbor Inc., Long Beach Township, was told by the U.S. Army Corps of Engineers that it couldn't build homes on 12.5 acres of •a coastal-marshland tract that originally ;encompassed 250 acres. Federal officials 'prohibited the construction because the 12.5 acres allegedly were fragile wetlands, and refused to reimburse the owner on the _ground that only a small portion of the property was taken.Loveladies contends it sold all but 50 acres before 1972,when the federal Clean Water Act protecting wet- lands was passed,and that 37.5 acres of the remaining holding were restricted by the state. • "In essence,he's been deprived of all 50 acres,"says Kevin Coakley,partner in the Roseland,N.J.,law firm of Connell,Foley & Geiser that represents the developer. Loveladies filed suit in U.S.Claims Court, • which awarded the company more than$5 million in compensation, including inter- est.The government is appealing. • In Michigan, state officials told Miller Brothers, a Grand Rapids oil and gas 'company,that it couldn't drill from atop its 2,000 acres of mineral leases on U.S.Forest Service land, although state attorneys say cit could drill diagonally under the land • from outside the protected boundary. The i.state said it was protecting the forest from •a possible spill. The company, which contends that it •avasn't allowed to drill diagonally,filed suit .-in the Michigan Court of Claims, alleging that the value of its mineral leases was :wiped out by the state's action and that it was owed compensation. The state dis- puted that a taking had occurred,arguing ._that that happens only when all economic value of a property is destroyed,Thomas J. Artery, an assistant state attorney gen- Aral,says that besides being permitted to ..drill diagonally,Miller Brothers had other mineral leases•on unprotected surrounding wand.He says,"They could have obtained value from those leases." The state claims court sided with Miller Brothers, awarding the company roughly $51 million. State attorneys have filed a still-pending appeal with the Michigan Court of Appeals. The Dodds say it's ludicrous that an Oregon court found that they could retrieve some value from their land by cutting the trees down.The court estimated the land's timber value at$10,000,although the Dodds say it would be more like$700 after paying someone to do the job. What's more, Mrs. Dodd says,county officials told them they could open a cemetery on the land,or even use it for public camping. The 61-year-old Dodds find the camping option ironic,given that they were told one reason a house wasn't permitted is that it might contribute to the fire danger,"Now I can't have a home because it's a fire hazard. but 100 neonle can come in and I . .e, 0,:',- . ., .:, i.,:e-.1 il-is . ,.... .,. ,,,, its..1:,;.,. .7_,), -,. . .,‘ , 3 vitt,. . „. .. . ( o . . X1:,4 ..X` , � Q� / ase A 4. 6) 1t,.Always , • ���ITakers avor By JIM CARLTON Staff Reporter of TIIE WALL STREET JOURNAL The U.S.Supreme.Court recently deter- mined that South Carolina may have to pay real-estate broker David Lucas for pre- venting him from building on his. two seashore lots'.If a state regulation denies , an owner all of a property's value,compen- sation must be paid,thg court.ruled in the much-anticipated case.' - . Issue settled?Hardly. ` t. • The Fifth Amendment prohibits'gov- ernment from taking private,-property for public use unless the owner is pari • "just compensation." • But a decade ago, Thomas and Doris Dodd,paid $33,000,for a•40-acre wooded spread in the lush forests of western. Oregon, intending to build a home there upon retirement.Shortly after,the county toughened the land's zoningas a forest preserve, prohibiting building to protect the woods. A lawsuit brought by the Dodds is before the state's Supreme Court,,i The Lucas decision doesn't protect the couple, state attorneys,believe, because' the zoning decision still allows some eco- nomic use of the land. The Dodds, far : • • example,could cut down the trees and sea, the logs, the lawyers and a state court say. t .; , -. That reasoning you can't build be- cause it might harm the forest,but you can ' fell the trees—reflects the unresolved rein - tionship between -private-property rights • 1 and public authority in the U.S. For 50 years, the courts have bees inundated with pleas - from property owners whose land values have been wiped out or sharply diminished by gov- i ernment decisions to halt building, far ' whatever reason. With today's increased federal protection of wetlands and endan- gered species, the problem of so-called "regulatory takings"has heightened.The U.S. Claims Court, for example, reports that its docket of newly filed takings cases related to federal actions alone has nearly doubled to 69 in the most recent fiscal year from 36 a decade ago. For years, courts generally sided with public authorities,giving them expansive zoning powers. Now, lower courts are more divided on these cases,and momen- - tum seems to be building there in favor of expanding property rights. A decade age, almost no takings cases were decided is favor of property owners, says James Burling, an attorney for the nonprofit Pacific Legal Foundation, Sacramento, Calif.With the Reagan-Bush years having given a more-conservative makeup to the nation's bench, he says property owners have won more than half a dozen cases at the federal appeals level and are also winning in some state courts. Proponents of expanded property rights had hoped that the Lucas case world be a clear-cut victory for their cause. Mr. Lucas was stopped from'building under a beach-protection law passed after Mr. Lucas bought his two lots for$975,000.The high court sent the case back to the South Please Turn to Page B5, Column 1 NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: William D. Lorenz Jr. , P.E. , Administrator VIA: Fran Stallings, Ph.D. , Natural Resources Director FROM: Maura C. Kraus, Senior Environmental Specialist DATE: 16-Nov-1992 SUBJECT: LDC Amendments to SEC. 2.6.21 PRIVATE BOATHOUSES AND DOCKS; DIV. 3.8 ENVIRONMENTAL IMPACT STATEMENTS (EIS) PURPOSE AND INTENT Part II of Chapter 163 , Florida Statues, establishes the local Comprehensive Planning and Land Development Regulations Act, providing Collier County the authority and responsibility to comprehensively plan for future development and resource protection through land development regulations. Pursuant to this chapter, Collier County is required to adopt land development regulations which implement and are consistent with the Conservation and Coastal Management Element (CCME) of the Collier County Growth Management Plan and its associated objectives and policies. These objectives and policies mandate the County to protect, conserve, manage, and appropriately use its coastal barriers including shorelines and where appropriate, will restrict activities where such activities will damage or destroy coastal resources. Objectives in the CCME required the County to develop Coastal Zone and Estuarine Management Plans. On June 3, 1992 , the BCC approved the Coastal Zone Management Plan (Resolution 92-319) and directed staff to seek approval from the board before starting the development of ordinances and programs designed to implement the Plan. On September 01, 1992 , the Collier County Board of Commissioners directed the Natural Resources Department to commence the implementation of the Coastal Zone Management Plan (Resolution 92-319) . The purpose of this report is to receive approval from the various County Boards (EPTAB, CCPC and BCC) to amend DIV.2. 6; Section 2.6.21 Private Boathouses and Docks and DIV. 3.8 ENVIRONMENTAL IMPACT STATEMENTS (EIS) , of the Collier County Land Development Code (October 30, 1991 as amended October 14, 1992) . The purpose of the amendment is to protect seagrass beds in Collier County. — JUSTIFICATION *IMPORTANCE OF SEAGRASS BEDS Seagrass meadows are highly productive biological communities that are generally biotic indicators of high water quality and healthy marine biological systems. They are recognized as being one of the most productive and ecologically important coastal habitats in South Florida (Dawes, 1987; Zieman and Zieman, 1989) . In addition to the actual seagrass material, epiphytic and epifaunal organisms (such as diatoms, bryozoans, and hydroids) grow on the leaves and provide food for higher marine invertebrate and vertebrate species. Seagrass meadows also provide habitat for burrowing and other benthic organisms, including polychaetes, oligochaetes, mollusks, crustaceans, echinoderms, tunicates and sponges. Furthermore, the configuration of the grasses aids in the accumulation of detritus along the bottom, which is then held in place by the grass blades and their rhizome systems. The detritus forms the basis of a food web in which bacteria transform the material to forms more usable for higher organisms (Littler, et. al. , 1989; Kaplan, 1988) . The presence of seagrass beds aids in improving water quality. Seagrasses have extensive rhizome systems below the substratum, and form dense leaf clusters above-ground. This situation helps in stabilizing the substratum, removing sediments from the water column, and reducing current velocities. These factors, in turn, lead to improvements in water clarity and reductions in erosion rates (Dawes, 1987) . Many commercially valuable species depend on the use of seagrass beds for part or all of their life cycle including pink shrimp, snook, mullet, redfish, pompano, spotted seatrout, and others (Zieman and Zieman, 1989) . It is estimated that up to 90% of the commercial fisheries in the Southwest Florida region may depend on the presence of coastal seagrass beds (Olsen, 1981) . Seagrass bed protection is an essential element in the protection plan for manatees. Seagrasses are a major source of food for the manatee in the marine environment, and are therefore essential to the survival of these mammals. Seagrass beds may well be the most vulnerable habitat essential to the survival of the species. Recovery and maintenance of the existing Florida manatee population in this area directly depends on seagrass preservation (Marine Mammal Commission, 1988) . HUMAN IMPACTS ON SEAGRASSES Seagrass beds are easily impacted by a variety of man's activities. These include unnatural discharges of freshwater or storm water with respect to timing, water quality, and quantity; changes in salinity; commercial fishing and shrimping activities; dredging; pollution such as toxic wastes and domestic sewage; propeller scarring by boats; and shading and increased turbidity and boat activity due to docks (Eleuterius, 1987 ; Livingston, 1987) . One of the most obvious acute negative impacts on seagrasses is caused by scarring from boat hulls and propellers. Docks built in seagrass areas result in increased boat activity, thereby increasing the possibility of scarring. Scars caused by boats are obvious throughout most of the County's seagrass beds. Seagrasses have very slow growth and regeneration rates, and are therefore slow to recover from negative impacts. Even small propeller scars in turtle grass beds can take from three to five years to recover (Zieman and Zieman, 1989) . In addition to direct loss of seagrasses, the scarring causes the sediments held by the rhizome structures of the remaining seagrasses to loosen. The entire system of a bed can thus be degraded by a few prop scars. A chronic source of stress is shading of grassbeds from docks and other water dependent structures. Seagrasses cannot survive without a certain intensity of light for a minimum time period each day. "Failure to obtain this quantity and quality of light, over an extended period, will cause decline and eventual death of seagrass beds" (Molnar, 1989) . Seagrasses growing in a dock's shadow are deprived of the necessary intensity and amount of light. The shading effect is magnified by the presence of a boat, and that, along with the daily and seasonal variations in the angle of sunlight that reaches the seagrasses, causes shading of an area greater than the immediate area under the dock. The proposed LDC amendments are necessary to avoid further degredation of this fragile ecosystem and to provide for greater protection in the Coastal Zone. *EXCERPT FROM NRD STAFF REPORT: NR-B-93-01 "Avoiding and Minimizing Damage to Seagrass Beds from the Construction of Docking Facilities" 1992 . (Attached) FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: The Coastal Zone Management Plan was developed in responce to several objectives and policies of the Conservation and Coastal Management Element of the Growth Management Plan. All recommendations are consistent with the Plan. SPECIFIC RECOMMENDATIONS: To amend DIV.2 .6; Section 2 .6.21 PRIVATE BOATHOUSES AND DOCKS as follows: SECTION 2 . 6.21 PRIVATE BOATHOUSES AND DOCKS 2. 6.21.8 All dock facilities shall be aligned to avoid seagrasses, and to minimize impacts to other native shoreline, emergent and submerged vegetation and hard bottom communities. (CZMP 4 . 63) 2 . 6.21.9 The presence of seagrasses within 500' of the proposed dock facility development project shall be varified by a site visit prior to project approval by the Community Development Services Administrator or designee. (CZMP 4 . 64) 2 . 6.21. 10 All dock facilities that are determined to have potential negative impacts on existing seagrass areas shall be permitted only if the project is shown to have minimized negative impacts to the natural environment as much as possible; and if it is in compliance with existing State and Federal regulations; and if the project is necessary to public health, safety, and welfare; impact to the seagrasses must then be appropriately mitigated to produce no net loss of habitat. (CZMP 4.67) 2 .6.21.11 All docking facilities shall be aligned to avoid seagrasses. Where there is no way to avoid seagrasses waterward of the property owner's shoreline, jointly owned docks may be constructed by two or more adjoining property owners in order to minimize impacts to seagrasses. (CZMP 4 . 69) 2 . 6.21. 12 Where there is no way to avoid seagrasses, docking facilities shall be constructed to minimize shading effects to underlying seagrasses. Planking shall be at least 3/8 of an inch apart, and oriented in an east to west direction, to allow maximun light penetration. The dock shall be at a height of at least three and one-half feet above the surface of the water at mean high tide and shall extend waterward not more than 20% of the width of the waterbody at that location. The terminal platform of the dock shall not exceed 160 sq. ft. , with the access dock not more than 4 ft. wide. (CZMP 4 .70) To amend DIV.3.8 ENVIRONMENTAL IMPACT STATEMENT; SEC. 3.8.3 APPLICABILITY: ENVIRONMENTAL IMPACT STATEMENT (EIS) REQUIRED. 5. All sites within 500 feet seagrass beds. * * ( NOTE : Sec. 3 .8 .9 Exempts single family residences) DRAFT 18-NOV-1992 MANGROVE PROTECTION IN COLLIER COUNTY Prepared by Natural Resources Department November, 1992 TABLE OF CONTENTS SECTION I INTRODUCTION 1 SECTION II DESCRIPTION OF LOCAL MANGROVES 2 SECTION III THE IMPORTANCE OF MANGROVE HABITAT 3 SECTION IV HUMAN IMPACTS ON MANGROVES 5 SECTION V GOVERNMENT PROTECTION 7 V. 1 STATE AND FEDERAL PROTECTION 7 V. 2 LOCAL PROTECTION 8 SECTION VI PROPOSED POLICIES FOR MANGROVE PROTECTION 9 SECTION I INTRODUCTION Mangroves are a group of salt tolerant trees that are found in intertidal and low energy coastlines. The ability to regulate salt intake and exchange gases in anoxic sediments allows mangroves to out compete other plants in the intertidal estuarine environment. Mangrove habitats are usually associated with an estuary or lagoon, designated as a "back bay" . The back bay is typically a well-protected waterbody surrounded by mangroves, marshes, or dune systems, and connected to the ocean by one or more inlets. Mangroves are highly productive trees which are essential to the estuarine system. At least 90% of commercially important fish and shellfish species spend part or all of their life cycle in estuarine systems. -1- SECTION II DESCRIPTION OF LOCAL MANGROVES Mangrove forests exhibit zonation seaward to landward. Red mangroves (Rhizophora mangle) are the most salt tolerant and are able to inhabit areas below the intertidal zone. Red mangroves produce prop roots which serve for both stabilization and gas exchange. Black mangroves (Avicennia germinans) are limited to the intertidal zone by their pneumatophores. Pneumatophores are extensions of the roots extending out of the substrate for the purpose of gas exchange. It is necessary that the pneumatophores be exposed to the air. Black mangroves, therefore, cannot survive prolonged inundation. White mangroves (Laguncularia racemosa) are the least salt and tidal tolerant and are found furthest inland. Buttonwood (Conocarpus erecta) is considered a mangrove associate because it has no root adaptations for hydric soils. They are found above the intertidal zone, fringing mangrove forests. -2- SECTION III THE IMPORTANCE OF MANGROVE HABITAT Mangrove forests, along with their associated back bays, are among the most productive habitats known. The high productivity drives a detritus-based ecosystem, in which leaf litter and other vegetative materials are decayed and the indigestible cellulose carbohydrates are converted by bacteria and other decomposing organisms. The vegetative debris plus the decomposers form the base of an extensive food web that includes at least 90% of the commercially important fish and shellfish species in Florida. The shallow protected back bays often serve as nurseries and breeding grounds for these species. Other organisms that depend on mangrove/back bay systems include many protected species, including the West Indian manatee, eastern indigo snake, American crocodile and the Florida Black bear. The avifauna includes the white ibis, roseate spoonbill, southern bald eagle, frigate bird, osprey, American peregrine, and herons and egrets. Many species of invertebrates, including various shrimp and crabs, are commonly found in the mangrove back bay areas. In addition to the commercial, recreational, and aesthetic value inherent in mangrove systems, and the protection these -3- systems afford to many protected species, they have great value as shoreline stabilizers. Mangrove trees stabilize the substrate via their prop roots or subterranean roots with pneumatophores. These structures also trap debris, promote sediment deposition, and provide areas of attachment for sediment (shell) producing organisms. Shorelines fringed with mangroves are also more resistant to erosion caused by boating activities. The dense tangle of mangrove roots, branches, and trunks also serve to reduce wave energy, protecting inland structures from damage by coastal storms. -4- SECTION IV HUMAN IMPACTS ON MANGROVES Much of the historic mangrove areas in Collier County have been destroyed by past development. However, greater protection by federal, state, and local governments has reduced further major losses of this habitat. Indirect losses of mangrove wetlands continue to occur through drainage practices and pollution. Mangroves grow under metabolically stressed conditions and anything causing further stress can be fatal. Mangroves are highly susceptible to clogging of their root systems. Human disturbances such as oil spills or dumping of untreated sugarcane wastes clogs the root system and will eventually kill the tree. They are also susceptible to herbicides and can be harmed by chemical runoffs. Drainage projects and dredge and fill activity near mangrove forests can harm the trees by altering the flow of water and removing suitable substrate for mangrove seedlings. Increased water levels over an extended period can suffocate the root systems, thereby drowning the mangroves. -5- Exotic species may also negatively impact mangroves. Brazilian pepper (Schinus terebinthifolius) will often out compete mangroves. Although not flood tolerant, Brazilian pepper frequently displaces buttonwood, white, and black mangrove in previously disturbed habitats. -6- SECTION V GOVERNMENT PROTECTION Mangrove wetlands and their associated waters are protected under wetland resource, water management, and coastal management regulations. V. 1 STATE AND FEDERAL PROTECTION Mangrove habitats seaward of the FDNR CCCL are regulated under Chapter 161, F. S. Mangrove areas may be considered jurisdictional wetlands by the FDER, SFWMD, and/or the U.S. Army Corps of Engineers. Proposed development projects in these areas would then be subject to permitting requirements by those agencies, in accordance with Chapters 403 and 373 , F.S. , and the Federal Water Pollution Control Act, respectively. Mangroves located within State of Florida State Lands or Aquatic Preserves are subject to further regulation by the FDNR, pursuant to Chapters 253 and 258 , F.S. and F. A. C. Rule 17-321. As previously stated, mangrove wetlands provide habitat for various protected species of flora and fauna. The FGFWFC and the USFWS regulate activities affecting these species, pursuant to Chapter 372 , F. S. , and the Endangered Species Act, respectively. -7- V.2 LOCAL PROTECTION State and federal regulatory agencies restrict growth and development in mangrove wetlands. The CCME of the 1989 County Growth Management Plan recognizes that the County should participate in these regulatory activities and develop ordinances to further protect these habitats (Section II, Chapter 4.8) . The CCME identifies mangrove wetlands and associated waters as habitats to be protected (Goals 2 and 6) . Development activities in mangrove and back bay habitats may require review by the County Development Services Division under the ST section of the Land Development Code Section 2 . 2 . 24, or Vegetation Removal, Protection and Preservation. Coastal mangrove wetlands seaward of the FDNR CCCL and the County Coastal Building Setback Line would also have to have construction approved by FDNR. -8- SECTION VI PROPOSED POLICIES FOR MANGROVE PROTECTION The following section will amend the Collier County Land Development Code. DIV. 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION 3 .9 . 5. 1. 6 Mangrove trees shall not be removed from, or altered in, any tidal wetland habitats without a County_ Vegetation Removal Permit (reference CCME Objective 6. 2) . 3 .9 .5. 1.7 Permitting Standards for Mangrove Tree Removal or Alteration No construction, operation, or management of a project shall result in an unacceptable loss of viable naturally functioning marine or freshwater mangrove habitat (reference CCME Objective 6. 8) . No contruction, operation, or management of a project shall result in an unacceptable impact to a designated local, state, federal reserve, preserve, or park (reference CCME Objective 6 . 8) 3 .9 . 5. 1. 8 Mitigation for lost viable naturally functioning mangrove habitat shall be located preferentially: In disturbed habitat on site; In disturbed habitat in the same estuarine basin; Creation of new habitat on site in disturbed habitat; Creation of new habitat on site in less desirable habitat; Creation of new habitat in disturbed habitat within the estuarine basis; In disturbed habitat in another estuarine basin. 3 . 9. 5. 1. 9 Mitigation Standards for Viable Naturally Functioning Mangrove Habitat Acceptable mitigation shall reasonably be expected to provide similar environmental benefits within five years. Monitoring and maintenance of mitigation acitivities shall continue until the habitat exhibits acceptable environmental benefits negotiated during the development review process. Progress reports shall be submitted at the end of the first, third, and fifth year (reference CCME Policies 6.2 . 5, 6. 2 . 7 , 6 . 2 .8 , 6. 2 . 10, 6.2 . 11, 6.2 . 12 , 6. 2 . 14 , 6. 3 . 2 , 6. 3 . 3, 6.4. 2, 6.5. 1) . 3 . 9 . 5. 1 . 10 Mitigation Scheduling Mitigation shall be completed according to the plan negotiated between the applicant and Development Services. Work must be completed within one year of permit application. Mitigation activities that are completed prior to completion of development are encouraged. The mitigation plan will be signed by the applicant, property owner, and Development Services. 3 .9 . 5. 1. 11 Violation of Mitigation Schedule Failure to complete the mitigation within one year of permit application will be a violation of this code. 3 . 9. 5. 1. 12 Special Approval Any property purchased prior to approval of this code which meets minimum size requirements may receive "special approval" to develop property for the minimum size residence allowed by applicable zoning and or deed restictions provided that environmental losses are minimized. If property is zoned other than residential the property may be developed with "special approval" within ten years to allow the minimal allowed conditional use provided that environmental losses are minimized. Requests for "special approval" will be considered after applicable state and federal permits have been approved. Properties zoned agricultural prior to the approval of this plan shall be exempt from the preservation requirements above provided that the property shall not be converted to non-agricultural development until after if has been used for agriculture for at least ten years. Conversion to non-agricultural uses prior to ten years after farming commences will make the property subject to the conservation/preservation requirements and may require the restoration and or mitigation of natural habitats. DIV 6.3 DEFINITIONS Mangrove or mangrove trees shall be defined as any of the following species: red mangrove (Rhizophora mangle) , black mangrove (Avicennia germinans) ,white mangrove (Laguncularia racemosa) ,and buttonwood (Conocarpus erectus) (reference CCME definition #260. Wetlands) . I 82-54 COMMISSION ON ETHICS ADVISORY OPINIONS Occasionally,you advise,a real estate contract provides that the sale will not be consummat- ed unless the subject property is rezoned to a specified zoning category.Other broker/salesmen associated with the agency with which the Councilman is associated would have a financial in- 3 terest in the property being rezoned,as their commissions would be conditioned on the con- I summation of the sale.You question whether the Councilman is required to file a Memoran- dum of Voting Conflict following his vote on bills rezoning property,the sale of which would financially benefit other broker/salesmen in the same real estate agency. In a previous opinion,CEO 76-151,we found that a voting conflict of interest would be cre- ated under Section 112.3143, Florida Statutes, were a planning commission member to vote on a zoning change request involving property which was represented by the realty corporation with which he was associated.Similarly,in Complaint No.79-11,In re Jack C.Ganstine,final order entered January 18, 1980,we found that a voting conflict of interest had been created I under Section 112.3143,Florida Statutes,where a city council member voted on the opening of streets within a subdivision which was being sold by the realty firm with which he was associ- ated as a salesman,although the council member stood to gain no commission from the sale of the property. Accordingly,we find that under Section 112.3143,Florida Statutes,the subject Councilman should file a Memorandum of Voting Conflict(Commission on Ethics Form 4)if he votes on the rezoning of property which is being sold by an associate of the real estate firm with which he is associated.As an alternative to voting,the Councilman may abstain as permitted by Sec- tion 286.012,Florida Statutes. CEO 82-54—July 29, 1982 t CONFLICT OF INTEREST s COUNTY COMMISSIONER'S CORPORATION CONTRACTING WITH BUSINESS ENTITY DOING BUSINESS WITH COUNTY i ITo:Mr. T. Hank Bruning,Member, Clay County Board of County Commissioners SUMMARY: I I No prohibited conflict of interest would be created under Section 1 112.313(7),Florida Statutes,were a construction company of which a county commissioner is an officer and owner to contract with a road I paving contractor which is doing business with the county. Although Section 112.313(7)prohibits a county commissioner from having a con- tractual relationship with a business entity which is doing business l with the county,here it would be the corporation which had a contrac- tual relationship with the road paving contractor, and not the county commissioner.However,the county commissioner may not personally contract with a road paving contractor which is doing business with the county in order to pave his private driveway. QUESTION 1: Would a prohibited conflict of interest be created were a construc- tion company of which you are an officer and owner to contract with a road paving contractor which is doing business with the county which you serve as county commissioner? This question is answered in the negative. In your letter of inquiry you advise that you are a member of the Clay County Commission 248 COMMISSION ON ETHICS ADVISORY OPINIONS CEO 86-9 CEO 86-9—February 20, 1986 VOTING CONFLICT OF INTEREST CITY BOARD OF ADJUSTMENT MEMBER VOTING ON • VARIANCES REQUESTED BY CLIENTS OF HIS SURVEYING AND ENGINEERING FIRM To:Mr. Daniel J. O'Brien, Alternate Member, Board of Adjustment, City of Boynton Beach SUMMARY: An alternate member of a city board of adjustment is prohibited by Section 112.3143,Florida Statutes,from voting on variance petitions of persons who are clients of his surveying and engineering firm at the time of the vote and from vot- ing on variance petitions where the client is expected to require further survey- ing or engineering work as a result of the decision on the variance.CEO's 78-59 and 84-1 are referenced. QUESTION: Are you,an alternate member of a city board of adjustment,prohibited by Sec- tion 112.3143,Florida Statutes,from voting on petitions for variances requested by clients of your surveying and engineering firm? Your question is answered in the affirmative. In your letter of inquiry you advise that you serve as an alternate member of the Board of Adjust- ment of the City of Boynton Beach.You also advise that you are a principal in a surveying,engineer- ing,and land-planning firm.As a member of the Board of Adjustment you frequently observe survey maps, prepared by your firm,that are recorded exhibits attached to the petitions being heard by - • the Board.Usually,when these surveys are ordered neither the client nor your firm knows that the client will have to petition the Board of Adjustment for a variance.The cost of a survey normally is below$300,which amount would not approach one-tenth of one percent of the annual receipts of the firm. The Code of Ethics for Public Officers and Employees provides in relevant part: No county, municipal, or other local public officer shall vote in his official capacity upon any measure which inures to his special private gain or shall knowingly vote in his official capacity upon any measure which inures to the special gain of any principal, other than an agency as defined in s.112.312(2),by whom he is retained.Such public officer shall,prior to the vote being taken,publicly state to the assembly the nature of his interest in the matter from which he is abstaining from voting and, within 15 days after the vote occurs,disclose the nature of his interest as a public record in a memoran- dum filed with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the minutes.However,a commissioner of a com- munity redevelopment agency created or designated pursuant to s. 163.356 or s. 163.357 or an officer of an independent special tax district elected on a one-acre, one-vote basis is not prohibited from voting. [Section 112.3143(3), Florida Statutes (1985).] This provision prohibits you,as a City Board of Adjustment member,from voting on a matter which inures to the special gain of a principal by whom you are retained. In these instances,you also would be required to announce the conflict of interest at the meeting and to file a memorandum of voting conflict(Commission on Ethics Form 4)within fifteen days with the person who keeps the minutes of the meeting. In a previous opinion,CEO 78-59,we advised that a water management district board member would be faced with a voting conflict of interest in voting on a matter affecting a client of his survey- ) ing firm.In CEO 84-1,we advised that a county commissioner would not be presented with a voting 13 CEO 86-10 COMMISSION ON ETHICS ADVISORY OPINIONS conflict of interest regarding rezoning applications where his firm had prepared a sketch or legal description of the property if the applicant was not a client of his engineering and surveying firm 1 at the time of the vote. However, if the applicant were a client of the firm at the time of the vote or if the client was expected to require further surveying or engineering work,such as subdivision platting,as a result of the rezoning,then the county commissioner would have a voting conflict in tvoting on the rezoning application. Accordingly, we find that you are prohibited from voting on variance petitions of persons who are clients of your surveying and engineering firm at the time of the vote and that you are prohibited $ from voting on variance petitions where the client is expected to require further surveying or engi- t neering work as a result of the decision on the variance. Even in those instances where you are not required to abstain from voting,you still may abstain from voting where your firm prepared a survey map which was incorporated as part of the petition,as explained further in CEO 78-85 and CEO 84-1. Finally,please be advised that Section 112.313(4),Florida Statutes,prohibits a public official from accepting any compensation or payment when the official knows,or with the exercise of reasonable care should know,that it was given to influence some official action in which he was expected to participate.As we advised in CEO 85-52.unless you have reason to believe that your firm was re- tained for the purpose of influencing your official decision, this provision would not be violated. However, there may be situations where it is clear that your firm was retained for a matter to be decided by the Board of Adjustment specifically because you serve as an alternate member of the Board. CEO 86-10—February 20, 1986 CONFLICT OF INTEREST RETIRED CHIEF OF POLICE SERVING ON BOARD OF TRUSTEES OF MUNICIPAL POLICE OFFICERS' RETIREMENT TRUST FUND To:Mr. Herbert Elliott, City Attorney, City of Tarpon Springs SUMMARY: A prohibited conflict of interest would be created under Section 112.313(7), Florida Statutes,were a retired chief of police to serve on the board of trustees of a municipal police officers' retirement trust fund.The former chief's vested right to receive a pension from the trust fund would create a continuing or fre- quently recurring conflict with the performance of duties as a member of the board of trustees. QUESTION: Would a prohibited conflict of interest be created were a retired Chief of Police = to serve on the Board of Trustees of the Municipal Police Officers' Retirement Trust Fund from which he receives a pension? Your question is answered in the affirmative. In your letter of inquiry you advise that the City of Tarpon Springs is considering appointing its retired Chief of Police to the Tarpon Springs Municipal Police Officers'Retirement Trust Fund Board of Trustees and that he currently is receiving monthly pension benefits from the City.The Board of Trustees has the authority to determine qualified pensioners,pension amounts,and cost of living increases. You question whether this appointment would create a prohibited conflict of interest. The Code of Ethics for Public Officers and Employees provides in relevant part: CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.—No public offi- cer or employee of an agency shall have or hold any employment or contractual relation- 14 3 FORM 8B MEMt,I12ANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ❑ CITY 0 COUNTY 0 OTHER LOCAL AGENCY CI"I'Y COUNTY NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: ❑ ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained (including the parent organization or subsidiary of a corporate principal by which he is retained); to the special private gain of a relative; or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law,a "relative"includes only the officer's father,mother,son,daughter, husband, wife, father-in-law, mother-in- law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WLL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. CE FORM 8B-10-91 PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST • 1, , hereby disclose that on , 19 (a) A measure came or will come before my agency which (check one) - inured to my special private gain; • - inured to the special gain of my business associate, • - inured to the special gain of my relative, - inured to the special gain of , by whom 1 am retained; or - inured to the special gain of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: • Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 8B-10-91 PAGE eef -17/e7 G 1/� DEPARTMENT OF LEGAL AFFAIRS ✓_ - OFFICE OF THE ATTORNEY GENERAL `�grFOFF`o��OP THE CAPITOL OQ� TALLAHASSEE. FLORIDA 32399-1050 (//1-4 ROBERT A. BUTTERWORTH Attorney Goal March 10 , 1987 Stateate of Floridad Mr . Daniel S. McIntyre 'S 87-17 County Attorney St . Lucie County 2300 Virginia Avenue Fort Pierce, Florida 33482-5652 Re: COUNTIES--COUNTY COMMISSIONERS--abstention from voting by county commissioner to avoid creation of appearance of conflict of inter- est , authorized. s . 286 . 012 , F .S. Dear Mr . McIntyre: This is in response to your request for an opinion of this office on substantially the following question: MAY A MEMBER OF A BOARD OF COUNTY COMMIS- SIONERS WHO IS PRESENT AT A MEETING OF THE BOARD ABSTAIN FROM VOTING ON A MEASURE TO AVOID CREATING AN APPEARANCE OF IMPRO- PRIETY? You state in your inquiry that the measure would not inure to the members special private gain or inure to the special private gain of any principal by whom he is retained. Accordingly, your question does not involve a prohibition on voting . See , s. 112. 3143( 3 ) , F.S. ( 1986 Supp. ) ( " ( n ) o county . . . officer shall vote in his official capacity upon any measure which inures to his special private gain or shall knowingly vote in his official capacity upon any measure which inures to the special gain of any principal . by whom he is retained " ) , and s. 112.3143 ( 2) ( a ) , F.S. ( 1986 Supp. ) ( "( e ) xcept as provided in subsection [ 3 ) , no public officer is prohibited from voting in his official capacity on any matter ") ; AGO's 85-40 and 86-61 (s. 112.3143[ 3) creates a voting disqualification when its terms apply). Rather, your inquiry is specifically directed at s. 286.012, F.S., which provides as follows: No member of any state , county, or municipal governmental board , commission, or agency who An Affirmative Action/Equal Opportunity Employer Mr . Daniel S. McIntyre 87-17 Page Two is present at any meeting of any such body at which an official decision , ruling , or other official act is to be taken or adopted may abstain from voting in regard to any such decision, ruling, or act ; and a vote shall be recorded or counted for each such member pre- sent , except when, with respect to any such member , there is, or appears to be , a possible conflict of interest under the provisions of s . 112. 311, s. 112. 313, or s . 112. 3143. In such cases, said member shall comply with the disclosure requirements of s . 112. 3143 . (e .s . ) See, s. 112.3143 ( 3 ) , F.S. ( 1986 Supp. ) , providing in pertinent part that a county officer shall, prior to the vote being taken, publicly state to the assembly the nature of his interest in the matter from which he is abstaining from voting and, within 15 days of the vote, disclose the nature of his interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes. See also, s . 112.3143 ( 4) , F.S. ( 1986 Supp. ) (number and nature of such memoranda shall be considered whenever public officer or former officer is being considered for appointment or reappointment to public office). Thus , s . 286.012, F.S. , operates to permit a member of a board of county commissioners to abstain only "when, with respect to any such member, there is, or appears to be, a possible conflict of interest under the provisions of" s. 112. 311, F.S. , or under ss . 112. 313 or 112. 3143 , F.S. ( 1986 Supp. ) . ( e. s. ) See , Biddle v. State Beverage Department , 187 So. 2d 65 ( 4 D.C.A. Fla. , 1966 ) ; and State Road Department v. Levato , 192 So. 2d 35 (4 D.C.A. Fla. , 1966) , cert. discharged, 199 So.2d 714 (Fla. 1967) (express exceptions in statute provide strong inference that no other exception were intended). The phrase "conflict of interest " as used in s . 112. 311 , F.S. , and ss . 112. 313 and 112. 3143, F.S. ( 1986 Supp. ) , means "a situation in which regard for a private interest tends to lead to disregard of a public duty or interest." Section 112.312( 6 ) , F.S. Any question as to what constitutes a "conflict of interest " under this statutory definition must be submitted to the Florida Commission on Ethics. See , s. 112. 322 ( 3 ) , F.S. ; AGO's 85-40 and 86-61. However , your attention is directed to Op. Comm. Ethics, 79-14, March 22, 1979, stating in pertinent part as follows: The Attorney General has rendered numerous opinions interpreting (s . 286 . 012) . . . . t. Mr . Daniel S. McIntyre 87-17 Page Three Thus , it appears that under the Attorney General 's interpretation of s . 286 . 012 and the provisions of the Code of Ethics refer- enced in that section , a public official was required to have a personal financial inter- est in a matter in order to abstain from voting on that matter . That opinion continued by noting that, pursuant to then existent statutory language, "a public officer may vote upon any matter , so long as he files a memorandum of voting conflict when required . . . . [ But see , Ch. 84-357 , Laws of Florida , enacting the prohibitory language now codified at s. 112. 3143 ( 3 ) , F.S. (1986 Supp.), discussed supra. ] He may also abstain as provided by s . 286.012, F.S. " The opinion thus concluded "that a public officer may abstain only if there is , or appears to be , a possible conflict of interest under s. 112.311, s. 112.313, or s. 112.3143, F.S." Finding no conflict of interest based on bias or prejudice of a city council member in the particular fact situation presented , the opinion states in pertinent part that 411 "it is clear that, when adopting the Code of Ethics [ containing, inter alia , s. 112. 311 , F.S. , and ss . 112.313 and 112.3143 , F.S. (1986 Supp.) ] , the Legislature was concerned primarily with the effect of a public official's economic interests and relation- ships upon the performance of his public duties . . ." (e.s. ) See also, Izaak Walton League of America v. Monroe County, 448 So.2d 1170 ( 3 D.C.A. Fla. , 1984) ( s. 286.012 did not permit disqualification from voting of a county commissioner on the ground of predisposition amounting to bias and prejudice, citing to Op. Comm. Ethics , 79-14, supra) . Accordingly, s. 286.012, F.S. , operates to permit a member of a board of county commissioners to abstain from voting when there is, or appears to be, a possible conflict of interest under the provisions of s. 112. 311 , F.S. , or under ss. 112.313 or 112.3143 , F.S. ( 1986 Supp. ) , subject to the requirement that such abstaining member shall, prior to the vote being taken, publicly state to the assembly the nature of his interest in the matter and, within 15 days of the vote, disclose the nature of his interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting to be incorporated in the minutes. I am therefore of the view that a member of a board of county commissioners who is present at a meeting of the board may abstain from voting on a measure to avoid creating an appearance of impropriety only where such 411 impropriety amounts to a conflict of interest pursuant to the foregoing provisions of Part III , Ch. 112 , F.S. , as amended , and where the required oral and written disclosure is made. Mr . Daniel S . McIntyre 87-17 Page Four Therefore , unless and until legislatively or judicially determined otherwise, and where the prohibitory terms of s. 112. 3143( 3 ) , F.S. ( 1986 Supp. ) , do not apply, it is my opinion that a member of a board of county commissioners who is present at a meeting of the board may abstain from voting on a measure to avoid creating an appearance of impropriety only where such impropriety amounts to a conflict of interest 'pursuant to s. 112. 311 , F.S. , or ss. 112.313 or 112.3143 , F.S. ( 1986 Supp.) , subject to the requirement of s. 112.3143( 3) , F.S. ( 1986 Supp. ) , that such member shall , prior to the vote being taken , publicly state the nature of his interest and, within 15 days of the vote, disclose the nature of his interest as a public record in a memorandum to be filed for incorporation in the minutes of the meeting. Any question as to the existence of a conflict of interest in any particular factual situation must be submitted to the Florida Commission on Ethics. Sincerely, ROBERT A. BUTTERWORTH ATTORNEY GENERAL Prepared by• Kent L. Weissinger Assistant Attorney General RAB/KLW/gk n COMMISSION ON ETHICS ADVISORY OPINIONS 82-53 carrier begins cleanup activities,the Department is likely to be involved in monitoring those activities or at least in assisting D.E.R. to monitor those activities. While this is continuing, the subject Board member would be monitoring the cleanup activities for the carrier.In the event of a dispute concerning the cleanup,it is likely that the subject Board member would be involved on the side of the carrier,with the Department's involvement being on the side of D.E.R.,having supported D.E.R. On the other hand,were a consent order entered and the subject Board member to contract with the carrier to compile and analyze water quality data previously gathered, the Board member would notbe involved in the oversightof the cleanup activities of the carrier.There would be no continuing relationship with the carrier,and there would not be the possibility of conflict between the Board member and the Department's staff. Accordingly,we find that no prohibited conflict of interest would be created under the cir- cumstances you have presented were the subject Board member to contract with the insurance carrier to compile and analyze water quality data gathered prior to the date of the fish kill. However,we find that a prohibited conflict of interest would be created were the subject Board member to contract with the carrier to conduct a water quality monitoring program regarding the carrier's restoration of water quality. CEO 82-53—July 29, 1982 VOTING CONFLICT OF INTEREST CITY COUNCILMAN VOTING ON REZONING OF PROPERTY SOLD BY REAL ESTATE FIRM WHICH EMPLOYS HIM To:Mr.Michael Altes,Assistant Counsel, City of Jacksonville SUMMARY: A voting conflict of interest is created under Section 112.3143,Flori- da Statutes,where a city council member votes on the rezoning of prop- erty which is being sold by associates of a real estate firm with which he is associated. CEO 76-151 and Complaint No. 79-11, In re Jack C. Ganstine,are referenced as precedent.Therefore,if the subject coun- cilman should vote on rezoning under these circumstances,he should file a Memorandum of Voting Conflict, CE Form 4,in accordance with Section 112.3143. As an alternative, he may abstain from voting as permitted by Section 286.012,Florida Statutes. QUESTION: Is a voting conflict of interest created where a city council member votes on the rezoning of property which is being sold by associates of a real estate firm with which he is associated? Your question is answered in the affirmative. In your letter of inquiry and in a telephone conversation with our staff you advise that Mr. Forrest Boone,a member of the Jacksonville City Council,is a licensed real estate broker asso- ciated cont a ted with a number gency run b of brokersndsa salesmen under why another broker.You ich contracts theilso advise that r agenccy ays y the office and business expenses in return for a percentage of the broker/salesmen's sales or- i missions.Each broker/salesman pays his own nonoffice expenses,and does not share or split sales commissions with other broker/salesmen except as they normally would with any other broker in the community. 247 CJ'��/�/�reaVage6, ���� CRAIG R.WOODWARD C � MARK J.WOODWARD SHANNON W. ANDERSON ANTHONY P. PIRES,JR. STEPHEN J. PETERSEN* CYjOjg JOHN A. NOLD** J. CHRISTOPHER LOMBARDO ATTORNEYS-AT-LAW OF COUNSEL SrSti�r" at.?6lli�. S} a�,e.e`, Fcsate ~ii .F `; October 30 , 1992 'DATE _1142( 2 Mr. William Lorenz Environmental Services Division ACTION: Collier County Courthouse Complex 3301 E. Tamiami Trail Naples, Florida 33962 � .�. , RE: EPTAB/NRPA's /__, Dear Bill: 1HL- �••..---� _. �_.___L . As the issue is coming up soon for discussion as to voting for recommending certain lands on which NRPA's are to be placed, a question may arise as to voting conflicts. I raised this issue at the last EPTAB meeting. Enclosed please find a copy of some of the Attorney General's and Ethics Advisory opinions concerning voting conflict of interests. Perhaps you may wish to discuss these with the County Attorney's office so they can advise us prior to our voting on the NRPA's. Also enclosed please find a copy of Form 8B with regards to Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers. As always, your cooperation and assistance are greatly appreciated. Sincerely, WOODWARD, P S & •+ 'R 6N, P.A. ApPY Anth.y • . mires, Jr. APP/nls Enclosures as noted PLEASE RESPOND TO: 0 Marco Island Office elican Bay Office *Also admitted in Iowa **Also admitted in Kentucky 606 BALD EAGLE DR, SUITE 500, P.O.BOX ONE, MARCO ISLAND,FLORIDA 33969 AREA 813/394-5161 FAX 813/642-6402 PELICAN BAY 801 LAUREL OAK DR SUITE 640 NAPLES,FLORIDA 33963 AREA 813/566-3131 FAX 813/566-3161 o F3!.,E o i ITEM NO. : ,,Ikh) ID50 ( DATE RECEIVED: a^ rill] ' 1 FILE NO. : ROUTED TO: 'J DO NOT WRITE ABOVE THIS LINE (orig. 9/89) fv( c- REQUEST ES FOR LEGAL SERVIC /rij l Date: November 3 , 1992 (:' (// To: Office of the County Attorney, Attention: David Weigel Assistant County Attorney From: William D. Lorenz Jr. , P.E. , Administrator Environmental Services Division Re: Voting Conflicts BACKGROUND OF REQUEST/PROBLEM: The issue of the placing of Natural Resource Protection Areas (NRPAs) on certain lands will be discussed at a future Environmental Policy Technical Advisory Board (EPTAB) member. Questions have been raised by various EPTAB members on voting conflicts. This item has not been previously submitted. ACTION REQUESTED: Please advise staff on how EPTAB shall disclose voting conflicts. .4- TCP�.� d&w OTHER COMMENTS: WDL:pc cc: Neil Dorrill , County Manager ea0.7)(‘.4 e-I_ A/t-u-4.44"2-ifveg. rte PUBLIC MEETINGS: SUNSHINE LAW AND VOTING CONFLICTS • I. INTRODUCTION The following is a general discussion (overview) of the requirements of Florida' s "Government in the Sunshine Law, " related to public meetings which read in pertinent parts as follows: SCOPE OF SUNSHINE LAW 286.011 - Public meetings and records; public inspection; . . . .- (1) All meetings of any board or commission of any. . .agency or authority of any county. . .at which official acts are to be taken are declared to be public meetings open to the public at all times. . . . (2) The minutes of a meeting of any such board or commission. . . .shall be promptly recorded, and such records shall be open to public inspection. *** [ PLACE OF MEETINGS ] e (6) All persons subject to subsection (1) are prohibited from holding meetings at any facility or location which discriminates on the basis of sex, age, race, creed, color, origin, or economic status or which operates in such a manner as to unreasonably restrict public access to such a facility. *** PUBLIC NOTICE-MINUTES §286. 0105, F. S. reads in pertinent part: "Notices of meetings and hearings must advise that a record is required to appeal.- Each board, . . . shall include in the notice of any meeting. . . the advice that, if a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. " Discussion of "Voting Conflicts" is in Part VII herein. "Board" is used herein to include board, commission, agency, • authority, group, body, and/or individual that may be subject to the requirements of the Sunshine Law. "F.S. " refers to Florida Statutes. II. BOARDS THAT ARE COVERED BY THE SUNSHINE LAW. The Sunshine Law applies to all of the boards of the County, including special taxing districts1/ and all advisory bbards.?/ It applies to members of a board who have been elected or appointed immediately upon election or appointment, and before being sworn in.3/ It applies to all meetings, formal or informal, including organizational meetings,4/ executive sessions,-/ workshops, conferences, and any other gathering where a matter is discussed if it is foreseeable that the matter being discussed could later come before the board for action. The substance of the item of discussion is controlling, not the form of the discussion. The intent of the law is that discussions between board members, directly or indirectly, such as through an intermediary,6/ are prohibited except at properly noticed meetings if any item under discussion could foreseeably come before the board for action. In one case where a CEO met in rapid-fire succession with each member of a board, it was held by the Commission on Ethics that the Sunshine Law had been violated because the CEO had acted as an intermediary among the various board members even though there was no direct evidence that the • CEO informed any board member of what another board member had said.2/ In cases of doubt, board members should cease discussion and follow the open-meeting requirements.8/ The entire 1/ AGO 71-171. Compare AGOs 78-11 and 85-78 . 2/ Town of Palm Beach v. Gradison, 296 So. 2d 473 (Fla. 1974) . Spillis Candella & Partners, Inc. v. Centrust Savings Bank, 535 So. 2d 694 (Fla. 3 DCA 1988) ; IDS Properties, Inc. v. Town of Palm Beach, 279 So. 2d 353 (Fla. 4 DCA 1973) ; AGO 70-155. 3/ AGO 74-40. Hough v. Stembridge, 278 So. 2d 288 (Fla. 3 DCA 1974) . 4/ Ruff v. School Bd. of Collier County, 426 So. 2d 1015 (Fla. 2 DCA 1982) . 5/ City of Miami Beach v. Berns, 245 So. 2d 28 (Fla. 1971) . 6/ Blackford v. School Bd. of Orange County, 375 So. 2d 578 (Fla. 5 DCA 1979) . 7/ Blackford v. School Board of Orange Cty. , 375 So. 2d 578 (Fla. 5 DCA 1979) . O 8/ Krause v. Reno, 366 So. 2d. 1244 (Fla. 3 DCA 1979) . -2- decision-making process must be in the Sunshine, which includes 410 all inquiry and discussions.V It is a violation of Florida' s Sunshine Law whenever two (2) or more members of a board discuss in a setting other than a "public meeting" any matter between or among themselves if it is foreseeable that the matter being discussed "out of the sunshine" could later come before this board for action. The Sunshine Law applies to any gathering, no matter how informal, including discussions at a 10 minute break, out in the hall, over the telephone, by memoranda, by computer,10/ or otherwise. The Sunshine Law applies to every step in the decision making process. 11/ Exceptions: A. Fact-Finding Boards. A limited exception to applicability of the Sunshine Law exists for an individual or group whose function is strictly limited to fact finding.121 If the board has authority to do more than merely find facts, such as making recommendations the board is not exempt from the open meeting requirements.lA/ B. Meetings With Staff. In almost all cases a meeting between one board member and county staff personnel is not subject to the Sunshine Law.14/ The sunshine law applies, however, to a matter where a staff member has been delegated authority 40 that is within the authority of the board but is not within the authority of the staff member but for the delegation. In such a case a meeting between any board member and the super delegated staff member must be in the Sunshine. 15/ 9/ Wolfson v. State, 344 So. 2d 611 (Fla. 2 DCA 1977) . 10/ AGO 89-39 . 11/ Times Publishing Co. v. Williams, 222 So. 2d 470 (Fla. 2 DCA 1969) . 12/ Cape Publications, Inc. v. City of Palm Bay, 473 So. 2d 222 (Fla. 5 DCA 1985) ; Bigelow v. Howze, 291 So. 2d 645 (Fla. 2 DCA 1974) ; AGO 85-76. 13/ Wood v. Marston, 422 So.2d 934 (Fla. 1983) . 14/ Occidental Chemical Co. v. Mayo, 351 So.2d 336 (Fla. 1977) ; Wood v. Marston, 442 So. 2d 934 (Fla. 1983) . 15/ News-Press Publishing Co. , Inc. v. Carlson, 410 So. 2d 546 40 (Fla. 2 DCA 1982) ; City of Sunrise v. News and Sun-Sentenel Co. , 542 So.2d 1354 (Fla. 4 DCA 1989) . -3- C. Delegation of Authority to a Single Board Member. If a board delegates to any one of its members any decision-making authority on behalf of the board that the individual did not have but for such delegation, such as, for example, screening applications, rejecting contract provisions, or making any decision that, but for the delegation, was within the authority of the full board and not the individual, then the Sunshine Law applies to the individual.1V In such a case if the board as a whole is required to be in the Sunshine to meet with a non-board member, then the sole board member who is delegated any board powers must meet in the Sunshine. However, if the individual possesses such authority under a statute, chapter, ordinance or job description, apart from any delegation by a board, then the individual can exercise such authority out of the Sunshine.17/ In such a case the staff member who has been delegated powers of the board is treated as a full member of the board for the purposes of the Sunshine Law. D. Labor Negotiations: Certain labor caucuses are exempt from the Sunshine.18/ III. PLACE OF MEETINGS. I Except where a statute or county ordinance limits where meetings of a board can be located,l/ a board may meet anywhere ! within Collier County provided the building, room, or other CP location where the meeting is held can accommodate all members 16/ AGOs 90-17 , 74-84 and 75-41. 17/ City of Sunrise v. News and Sun-Sentenial Co. , 542 So.2d 1354 (Fla. 4 DCA 1989) . 18/ Bassett v. Braddock, 262 So.2d 425 (Fla. 1972) . The exception applies only during actual pending labor negotiations and when the public employer meets with his own side. 19/ For example, Section 5 of County Ordinance 91-68 requires that regular meetings of the Collier County Environmental Advisory Board be held in the Commissioners' meeting room, 3rd floor, Building F, Collier County Government Complex. Regular meetings of the Citizens' Advisory Task Force are to be held in the Collier County Government Center and its advertised public hearings must be held outside of the complex and must be held within any church, school, or community center within the "community at large. " The Code Enforcement Board must meet at the Government Complex (Ord.83-43) . At least 1 of every 4 meetings of the Collier County Planning Commission shall be held in the Immokalee It area if matters before the CCPC concern or address Immokalee considerations. (Ord. 85-51) . -4- of the public who desire to attend the meeting. No facility may �r discriminate as to entry or public participation on the basis of sex, age, race, creed, color, origin, or economic status, or because of physical characteristics as to unreasonably restrict public access. Private buildings should be used only when no public building is available. Luncheon and dinner meetings should be avoided. The room where a meeting is held should be such that all discussions between or among board members can easily be heard by members of the public who are present.20/ Inspection Trips. Inspection trips are permissible subject to adequate public notice and reasonable opportunity of members of the public to attend the field trip.21/ IV. PUBLIC NOTICE OF PROPOSED MEETING. If a board is required by a statute, code, or the board's rules, to provide public notice in a specific way, the board should follow the specific requirements.22/ The Florida "Sunshine Law" does not require any specific requirements of the type of notice a board must give to inform members of the public of a scheduled meeting of the respective board.23/ There are too many situations on which to specify generally applicable requirements. However, the Attorney General of Florida, in the 1991 edition of the Government-in-the-Sunshine Manual, recommends the following 11 20/ AGO 71-159. 21/ Bigelow v. Howze. 291 So. 2d 645 (Fla. 2 DCA 1974) . 22/ For example, the Collier County Planning Commission must give "due public notice" as required by Chapter 163 , F.S. (Ord. 86-144) . Chapter 67-1246, Laws of Florida, provides that the CCPC and the Boards of Zoning Appeals must publish a public • notice at least 15 days before the meeting in a news paper of general circulation in the "area" and such notice must state the nature of matters to be discussed and that written comments properly filed with an "appropriate designated official" will be heard. As to the CCPC, §163 . 3164 (17) F.S. , requires that notice of public hearings be published two times in newspaper of general circulation, the first not less than 14 days prior to the hearing and the 2nd at least 5 days prior. For a hearing or other meeting regarding the comprehensive land use plan held pursuant to §163 . 3213 (5) (a) and (b) , and (c) , Florida Statutes, and any vested rights hearing held pursuant to Section 11. 6 of County Ordinance No. 90-23, it may be advisable to afford all parties to the hearing a notice with the specific items set out in §120.57 (1) (b) (2) ,F.S. Sec. 125.56,F.S. has special notice requirements for adoption of building codes by the County. 23/ AGO 73-170 and 80-78 . -5- k �A notice guidelines be followed whenever possible: fes" 1. The public notice should contain the time and place of the meeting and, if available, an agenda. (If no agenda is available, subject matter summations of the meeting can be used) ; and 2 . The written public notice should be prominently displaced in the area in the County' s offices normally set aside for such posting; and 3. Emergency sessions should be afforded the most appropriate and effective notice under the circumstances. Special meetings should have at least 24 hours reasonable notice to the public; and 4 . The use of press releases and/or phone calls to the wire services and other media is highly effective. On matters of critical public concern such as rezoning, budgeting, taxation, appointment of public officers, etc. , advertising in the local newspapers of general circulation would be appropriate. Written public notice for any county board should always be posted on the bulletin board on the northeast corner of the first floor of Building F in the government complex. Also, if the meeting is planned to be held in a building other than Building F, notice should also be posted at all major entrance ways of the first floor of the building where the meeting is planned to be held. The requisite public notice is required for each and every meeting that is subject to the Sunshine Law. The notice is required if only two members of a board plan to discuss any matter that may foreseeably come before their board for a decision.24/ Public notice is also required whenever an individual, who has been delegated decision-making authority from a board, meets with any person to discuss an item that could come before the delegating board for later action. Continuance of Item to Subsequent Meeting. Whenever an item being discussed by a board is continued for discussion or action to a subsequent meeting, it is recommended that whenever possible the chairperson of the board should announce to the public the specific subsequent meeting at which the item will be discussed. However, if continuance to a certain specific meeting is not then known, the item can be postponed or continued without announcing the exact date when the item will be discussed later. 24/ Jones v. Tanzler, 238 So. 2d 91, 92 , (Fla. 1970) Justice Adkins (concurring specially) . -6- Notice to Public of Need to Make Record of Proceedings. Section 286. 0105 F.S. reads in pertinent part: "Each board. . . shall include in the notice of any meeting. . .the advise that, if a person decides to appeal any decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. " Where a board acts as a quasi-judicial body or takes official action on matters that affect individual rights of citizens, as distinguished from the rights of the public at large (which require hearings) , the board or commission is subject to the requirements of §286. 0105.25/ It is recommended that the subject specific notice clause be added to each and every written notice to be posted (and on each written agenda of every board) rather than to make exceptions based on somewhat fine (no bright-line) distinctions between different types of meetings. V. MINUTES OF MEETINGS. Section 286. 011 (2) ,F.S. reads in pertinent part as follows: "The minutes of a meeting of any such board. . .shall be promptly recorded and such records shall be open to public inspection. . . " (Emphasis supplied) . "Minutes" are a brief summary or series of brief notes or memoranda of a proceeding. "Minutes" are less than a verbatim transcript of the proceeding.?6/ There are apparently no reported judicial decisions or AGOs that discuss what "promptly recorded" means in the context of §286. 011 (2) . If it is a practical impossibility to "promptly" make a record of all minutes in a form that is "open to public inspection, " it will be necessary to prioritize the recordation of minutes. Like "due public notice, " decisions on which minutes should be placed in a format that is "open for public inspection" will depend on the surrounding facts and circumstances of each specific situation. Specific cases will dictate decisions regarding proper prioritization if staff cannot put all minutes into a form that is "immediately available" for inspection by 25/ AGO 81-6 and 89-82 . 26/ AGO 82-47 . -7- members of the public. VI. PUBLIC PARTICIPATION AT MEETINGS. Because of practical necessity, there are limits as to how much time must be given to allow members of the public to actively participate at a given public meeting. There are very few judicial decisions in Florida on the question of the extent of public participation that must be afforded members of the public at public meetings and/or public hearings. There are a few judicial decisions where the Court has parenthetically noted, without discussion or analysis, that members of the public have a right to be heard.�7/ However, the Florida Supreme Court has held that the public had no right to speak or otherwise actively participate at meetings conducted to select candidates for a position of employment at a state university.28/ In that case members of the public had a right to be present and passively observe the proceedings, but had no right to be heard or otherwise actively participate. There is no clear basis on which to discern when the public has a right to speak or otherwise actively participate at a meeting. Of course, the public has the right to speak and otherwise present evidence to a board at public hearings, as distinguished from public meetings. A board may adopt reasonable rules to require orderly 4 conduct at all meetings, including public hearings and, subject to such rules, the chairperson has considerable discretion to control the time and extent of active participation of those individuals who desire to speak and/or present written material, charts, graphs, etc. , to the collegial body. The First Amendment of the United States Constitution applies (1) to meetings where the law requires active public participation and (2) to meetings that do not require public participation as a matter of law, but where the rules of the board allow such active participation by members of the public.29/ The chairman may, nevertheless, control the meeting in accord with rules that regulate time, place and manner of expression which are (1) content neutral (2) narrowly tailored to serve a significant government interest, and (3) leave open ample alternative channels of communications. A speaker cannot be cut off from speaking merely because the chairperson dislikes the 27/ Board of Public Instruction of Broward County v. Doran, 224 So. 2d 693 , 699 (Fla. 1969) ; Town of Palm Beach v. Gradison, 296 So. 2d 473 , 475 (Fla. 1974) ; Krause v. Reno, 366 So. 2d 1244 , 1250 (Fla. 3 DCA 1979) . 28/ Wood v. Marston, 442 So. 2d 934 (Fla. 1983) . 29/ Jones v. Heyman, 388 F. 2d 1328 (11th Cir. 1989) . -8- content of the speech except where the speaker is making a personal attact on a board member, chief executive officer, staff member, as distinguished from criticism of a decision, action, etc. Board regulations that are based on considerations other than content are permissible, such as failure to stay on the topic then under discussion, or exceeding a time limit for each speaker. Conservation of meeting time is a significant governmental interest, at least where other persons may_ also desire to speak on any item on the agenda. The method of curtailment, such as removal of a person from the meeting, need not in fact be the least intrusive or least restrictive means to correct the problem in a specific instance to pass requirements of the First Amendment. In case of improper conduct by a speaker, the chairperson must make a judgment call without the benefit of leisurely reflection. A person who has a right to speak can be restricted or curtailed before the speaker's statement is finished if that speaker is given an opportunity to present additional information in writing to the board any time before the final decision by the board is made. Such alternative channel of communication is sufficient to meet the requirements of the First Amendment. Section 112 . 311 (3) F. S. reads in pertinent part: "It is likewise essential that the people be free to seek redress of their grievances and express their opinions to all government officials on current issues and past or pending legislative and executive actions at every level of government. " Apparently, this Section has not been construed by any reported judicial decision or Attorney General' s Opinion to grant a right to speak or otherwise actively participate at a public meeting. Tape Recording. Finally, members of the public must be allowed to tape record the proceedings.30' VII. VOTING CONFLICTS. The following is a general discussion of requirements related to abstention from participation and/or voting in conflict of interests situations. Due to the complexity of situations that can and do arise, it is impossible to detail all possible situations without listing hundreds of detailed factual contexts. Section 286. 012, F.S. , reads in pertinent part: 30/ AGO 77-122 . -9- VII. CONFLICTS OF INTERESTS SITUATIONS. The following is a general discussion of requirements related to abstention from participation and/or voting in conflict of interests situations. Due to the complexity of situations that can and do arise, it is impossible to detail all possible situations without listing hundreds of detailed factual contexts. Section 286. 012, F.S. , reads in pertinent part: "Voting requirement at meetings of governmental bodies. No member of any. . .county. . .board, commission, or agency who is present at any meeting of any such body at which an official decision, ruling, or other official act is to be taken or adopted may abstain from voting in regard to any such decision, ruling, or act; and a vote shall be recorded or counted for each such member present, except when, with respect to any such member, there is, or appears to be, a possible conflict of interest under the provisions of Sec. 112.311, Sec. 112.313, or Sec. 112.3143. In such cases, said member shall comply with the disclosure requirements of Sec. 112 . 3143" . Voting conflicts under the provisions of Sections 112 . 311, 112.313, or 112.3143 fall generally into cases where a board member (1) will be doing business with his agency (2) has a private employment or contractual relationship that conflicts with public duties, or (3) participation in a specific matter could inure to the voting member's special private gain or the special gain of a principal by whom the voting member is retained. The intent of Sections 112 .311, 112 . 313, and/or 112 . 3143 has been interpreted by hundreds of decisions of the Florida Commission on Ethics relating to numerous and varied situations. This memorandum-opinion discusses situations generally to give a sense of when participation in a matter before a board may require the filing of a voting conflict form. There can be cases where an appointed board member, but not an elected member, will be required to declare a conflict and file a voting conflict form, but nevertheless the appointed member can participate in the matter, including voting on preliminary or procedural aspects of the case, but cannot vote on the merits (final decision) of the matter. • Because Section 286.012, F.S. refers to three separate sections of the Florida Statutes, each will be discussed generally as to its application to situations that may constitute a voting conflict. -10- (2) ***Public officials should not be denied the opportunity, available to all other citizens, to acquire and retain private economic interests except when conflicts with the responsibility of such officials to the public cannot be avoided. *** (5) . . . [N]o officer. . .of a county or other political subdivision of the state shall have any interest, financial or otherwise, direct or indirect; engage in any business transaction or professional activity; which is in substantial conflict with the proper discharge of his duties in the public interest. *** (6) . . . [P]ublic officers. . .are agents of the people and hold their positions for the benefit of the public. *** Such officers and employees are bound to observe, in their official acts, the highest standards of ethics consistent with this code and the advisory opinions rendered with respect hereto regardless of personal considerations, recognizing that promoting the public interest and maintaining the respect of the people in their government must be of foremost concern. " (Emphasis supplied) . The provisions of the Ethics Law apply to all county boards, including advisory boards31/ and in almost all cases to independent special districts. 32/ p The intent of the Code of Ethics is, on the one hand, to prohibit a public officer or employee from benefiting from his public position / while on the other hand, the lCode lis not intended that public officials should be denied basic opportunities to have private economic interests that are available to other citizens.34/ 31/ OAG 70-155. 32/ OAG 74-169. Narrow exception: An officer of an independent district elected on a one-acre, one-vote basis is not prohibited from voting on any matter affecting that geographical land area. (See §112.3143 (3) , F.S. ) 33/ Opinion of Commission on Ethics (OCE) 76-43A. 34/ For example, a city's public officer can buy a lot in his city and build a home there even though that officer's department regulated site planning, zoning, and code enforcement. (OCE 76-75) . This opportunity was available to all land owners in the city and the fact that his department regulated these activities did not deprive the officer of this generally available opportunity. -11- Section 112 . 311, F.S. states the general over-all policy of the Legislature. That section has very infrequently been the statutory basis on which to find a violation of the Code of Ethics. Violations have in the vast majority of cases been based on the other prohibitions related to "doing business with one's agency, " "conflicting employment or contractual relationships, " and special private gain or gain to a retaining principal. Section 112 . 311, F.S. does not provide that every conceivable conflict is a violation of the statutes; the law prohibits voting in cases of substantial conflict. B. Doing Business With One's Agency. 1 Section 112 . 313 (3) ,F.S. reads in pertinent part: " (1) Doing Business With One's Agency. No. . .public officer acting in his official capacity, shall either directly or indirectly purchase, rent, or lease any realty, goods, or services for his own agency from any business entity of which he or his spouse or child is an officer, partner, director, or proprietor or in which such officer. . .or his spouse or child, or any combination of them, has a material interest. Nor shall a public officer. . .acting in a private capacity, rent, lease, or sell any realty, goods, or services to his own agency, or to any political subdivision or any agency thereof, if he is serving as an officer or employee of that political subdivision. " Each voting member of a board is classified as a "public officer" and is subject to the prohibitions against voting on a matter that would result in "doing business with one's agency. " There are several exceptions to this general prohibition, which are discussed hereafter. This section, 112 . 313 (3) , does not prohibit a public officer from being an employee of a business entity that is doing business with the County.35/ The section does apply, however, if the public officer is an officer and a stockholder of an entity that is doing business with the County. 36/ The prohibitions can apply to a consulting contract-1Z/ It has been held that when a not-for-profit corporation receives grant funds from a local governmental agency, then the not-for-profit corporation is 35/ OCE 84-8 . 36/ OCE 83-23. 37/ OCE 82-26. -12- "doing business with" the agency.38/ This section, 112. 313 (3) , can apply to a situation where a spouse or child of a voting board member has a material interest in a business entity, although the spouse or child is not an officer, partner, director or proprietor of the business entity. In this context "material interest" means ownership of more than 5 per cent of the total assets or capital stock of the respective business entity. There are numerous decisions of the Ethics Commission as to when, in a specific fact situation, a conflict does or does not exist. It is difficult to generalize except to say that if a voting member is called upon to vote on an agenda item that is known to be, or appears to be, a conflict of interest between the public officer's public duties and responsibilities on the board and the officer's private capacity as an officer, partner, director, proprietor, or owner of 5 per cent or more of the assets or capital stock of the private business entity, or if the public officer's spouse or child owns 5 per cent or more of the stock or assets of the private business entity, and the vote could result in the County giving or agreeing to pay money to the business entity, or the business entity would, by such vote, agree to pay any money to the County for the purchase of any realty, goods or services, then the public officer may not participate in the matter at all and, of course, may not vote on any issues. Of course, if such a matter should pass by an affirmative vote of the board without the vote of the abstaining member, and the result of that vote creates a situation whereby the officer will be "doing business with the County, " then the public officer with such a conflict cannot continue to be a voting member of the board because of the creation of the existence of the conflict. In such an event the voting member would have to sever his relationship with either the business entity or with the board. However, if the board is advisory only, the body that appointed the member may waive the "doing business" conflict by a vote of two-thirds of the appointing body.39/ There are other limited exemptions to the "doing business" conflict situation. The first is where the business is rotated among all qualified suppliers of the goods or services in the county.--/ Another exemption is when the contract results from sealed, competitive bidding and three additional facts exist as follows: (1) neither the voting member nor his spouse or child 38/ OCEs 83-52 and 82-51. 39/ The waiver is specified in §112 . 313 (12) , F. S. In the context of Collier County, the Board of County Commissioners is usually the body that appoints members to county boards. The conflicting employment or contractual relationship prohibition contained in §112 . 313 (7) , F. S. , may also be waived. 40/ Sec. 112. 313 (12) (b) ,F. S. -13- } ryr participated in setting the contract specifications or in determining the award of the contract; (2) neither the voting member nor his spouse or child attempted to use influence to persuade the agency or any personnel thereof to enter into the contract other than merely submitting the bid; and (3) the voting member, before submitting the bid, files a statement with the Clerk of the Circuit Court of Collier County that discloses his or his spouse's or his child's interest and nature of the intended business.41/ Other exemptions are purchase or sale of advertising in a newspaper, or utility service, or for passage on a common carrier.92/ Another exemption is when an emergency_ contract is needed to protect the health, safety, or welfare of citizens.43/ Another exemption exists where the business entity is the sole source of supply.141 Also, transactions that do not exceed $500. 00 are exempt.45/ Finally, a bank may be a depository of county funds even if a conflict might otherwise exist provided the bank has not been favored over other qualified banks. 46/ These exceptions also apply to situations of "conflicting employment or contractual relationship" discussed below in Section C. C. CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP. Subsection 7 of Section 112 . 313 , F.S. reads in pertinent part: "Conflicting employment or contractual relationship. (a) No public officer. . .of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of or is doing business with, an agency of which he is an officer. . .nor. . .have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his private interests and the performance of his public duties or that would impede the full and faithful discharge of his public duties. (Emphasis supplied) . 41/ Sec. 112 . 313 (12) (b) , F.S. 42/ Sec. 112 . 313 (12) (c) , F.S. . ; OCE 81-62 (utility service) . 43/ Sec. 112 . 313 (12) (d) , F.S. 44/ Sec. 112 . 313 (12) (e) , F.S. There must be full disclosure of the officer' s interest in the business. 45/ Sec. 112 . 313 (12) (f) , F.S. 46/ Sec. 112 . 313 (12) (g) , F.S. ; OCE 81-41. -14- *** (b) This subsection shall not prohibit a public officer. . . from practicing in a particular profession or occupation when such practice by persons holding such public office. . . is required or permitted by law or ordinance. " (Emphasis supplied) . All exceptions noted above related to "doing business with one's agency, " also apply to conflicting employment. Because situations involving "conflicting employment" are rare and almost always occur only in relation to elected public officials who hold substantial employment in addition to their public office, this subsection (7) will not be discussed in detail. Also in many cases the conflict is exempted because an ordinance requires or permits that the person holding an appointed position be a member of a particulary profession or hold a particular position. There are numerous decisions by the Commission on Ethics as to what form or extent of governmental regulation will subject a business entity to be "subject to the regulation of" in the context of §112 . 313 (7) (a) .7/ D. VOTING CONFLICTS. Section 112 . 3143, F.S. reads in pertinent part: *** Or " (2) (b) No appointed public officer shall participate in any matter which inures to his special private gain or the special gain of any principal by whom he is retained, without first disclosing the nature of his interest in the matter. Such disclosure, indicating the nature of the conflict, shall be made in a written memorandum filed with the person responsible for recording the minutes of the meeting and shall be incorporated in the minutes; if the disclosure is initially made orally at a meeting attended by the officer, the written memorandum disclosing the nature of the conflict shall be filed within 15 days with the person responsible for recording the minutes of the meeting and shall be incorporated in the minutes. A copy of such memorandum, which shall become a public record upon filing, shall immediately be provided to the other members of the agency and shall be read publicly at the meeting prior to the consideration of the matter. For purposes of this paragraph, the term "participate" means any attempt to influence the decision by oral or written 47/ For example, OCEs 81-15, 81-20, 81-25, 81-35, 81-67, 81-77, 83-38, 84-1, 84-102, 85-22, 86-62 and 87-22 . -15- communication whether made by the officer or at his direction. *** (3) No county. . . .or other local public officer shall vote in his official capacity upon any measure which inures to his special private gain or shall knowingly vote in his official capacity upon any measure which inures to the special gain of any principal, other than an agency as defined in §112. 312 (2) , by whom he is retained. Such public officer shall, prior to the vote being taken, publicly state to the assembly the nature of his interest in the matter from which he is abstaining from voting and, within 15 days after the vote occurs, disclose the nature of his interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes. However, a commissioner of a community redevelopment agency created or designated pursuant to §163 . 356 or §163. 357 or an officer of an independent special tax district elected on a one-acre, one-vote basis is not prohibited from voting. "*** (Emphasis supplied) . These subsections pertain to a board member's active participation and to voting. Subsection (2) (b) allows appointed officers, but not elected officers, to participate up to but not including voting on the merits of a matter even when the matter, if passed by the board, will inure to the appointed voting member's special private gain or the special private gain of any principal by whom the appointed board member is retained. It must be remembered, however, that if the matter, if passed, would result in "doing business" under a competitive bid, the voting member may not advocate acceptance of the contract because then the exemption allowed for competitive bid contracts would be lost.48/ The voting member can advocate that the contract not be accepted. Subsection (3) provides that no county officer, appointed or elected, may vote upon the merits any measure which inures to the voting member's private gain or the special gain of any principal by whom he or she is retained. "Special private gain" means, generally, gain that is not also experienced by others. If a rather large group may benefit from the matter, then there is no conflict.49/ Gain to a spouse can be "private gain" to the voting 48/ Sec. 112. 313 (12) (b) (2) prohibits a voting board member, his spouse or child, from use of any of their influence to persuade others to enter into such a contract. 49/ OCEs 85-42, 75-52, and 85-5. -16- member.50/ The gain must be direct, not remote. 51/ In this context "retained" means, generally, paid as an "employee" or paid as an independent contractor. If the voting member is not "retained" the prohibition does not apply-5?/ The prohibitions against participation and voting do not pertain to voting members of a community redevelopment agency or to a particular type of special tax district that is specified in the statute but that does not now exist in Collier County. It is not a voting conflict to vote on a matter that may inure to the special private gain of a partner of the voting member where the partnership's interests and the officer's personal interests are not involved.53/ The text of Sec. 112. 3143 F.S. , clearly specifies the prerequisite acts of disclosure vis-a-vis other board members that are required, which disclosure must be made prior to any participation by the voting member in a conflict matter where the member can vote, and in the cases where the member may participate, but cannot vote. The Form that may be utilized to file the conflict is Form 8B, published by the Florida Commission on Ethics. A copy of the form is attached hereto as exhibit "A" . Blank copies of this form may be obtained from the office of the County Manager. The Form must be filed even if the voting member is absent from a meeting when a voting conflict case (as to the absent member) was voted upon by those members who were present.54/ D. QUORUM. When a voting member of a body abstains from voting because of a conflict of interest, the quorum is reduced to those remaining voting members present—U./ The affirmative vote of the reduced quorum is required for the adoption of any matter which 50/ OCEs 83-59, 83-29, 82-65, 85-42, 80-84, and 77-57. 51/ OCEs 85-77, 85-62 , 85-54 , and 86-44 . 52/ OCEs 84-50, 83-93, 85-20, 85-17, and 81-79 . Uncompensated membership or officership is not being "retained. " 53/ OCEs 81-8, 79-33 , and 78-58. 54/ OCE 74-77 . 55/ AGO 85-40. -17- properly comes before the board at such meeting.56/ For example, if a body is composed of five members and two members must abstain because of a voting conflict, then the quorum is reduced to three members. It would then require an affirmative vote of at least 2 of the 3 members of the quorum to affirmatively act on any matter before the board.57/ The abstention from voting can have the effect of preventing the board for acting on the item where the conflict exists because of absence of a quorum. If so, the law still prohibits the vote; There is no exception.58/ 56/ AGO 75-158 . 57/ Exception: Passage of an emergency ordinance of a five member County Commission always requires 4 affirmative votes for effective passage. §125. 66 (3) ,F.S. 58/ AGO 86-61. -18- ENVIRONMENTAL S RVICES RCT t MEMORANDUM DATE: I ACTION: DATE: November 24, 1992 TO: William D. Lorenz, Jr. , P.E. Environmental Services Division FROM: Thomas C. Palmer, Assistant County Attggney ? RE: Voting Conflicts RLS ENV92110501 This memo is in response to your request for legal services, attached. I herewith forward an 18-page opinion entitled "Public Meetings - Sunshine law and voting conflicts" The memo should answer many questions on the subject of voting conflicts. The items supplied by Mr. Anthony P. Pires, Jr. , apply as well. It is impossible to answer specific fact based questions except on a case by case basis after an analysis of the relevant facts. If we can be of further assistance, please advise. cc: Kenneth B. Cuyler, County Attorney W. Neil Dorrill, County Manager tcp/dp/4992 pAm-- c. Change to public input methods. d. Brief comments on Outstanding Florida Water designation. 4 . The meeting was adjourned with unanimous approval. ENVIRONMENTAL POLICY ADVISORY BOARD Minutes of November 24, 1992 Present: David Addison Gary Beardsley David Land David Maehr Stephen Means Larry Richarson Robert Duane Mike Davis Nancy Payton Staff: Bill Lorenz Fran Stallings Kevin Dugan Dick Hartwell Mercedes McCallen Mac Hatcher Jennifer Staiger Doug Suitor Gail Gibson David Brutcher Steve Preston Bob Blanchard Barbra Prynoski Public: Virginia Corkran Chris Straton Sidney Maddox 1. Minutes were distributed, but not approved. Bill Lorenz pointed out to members that the minutes will be titled draft until they are approved by EPTAB. 2 . Under Old Business, Fran Stallings discussed the proposed Clam Bay Ordinances to restrict motor driven vessels in the Clam Bay system to areas not containing seagrass meadows. This is a recommendation of the Coastal Zone Management Plan which will also serve as a NRPA. Bill Lorenz made a presentation on high recharge areas. The interaction was based on a SFWMD model and data gathered over a 35 month period. The presentation included a cost effectiveness discussion. A brief presentation by Steve Means discussing the possibility of increasing recharge on site was requested for the Dec. 7th meeting. EPTAB was also requested to be prepared to recommend a policy statement by Jan. 93 . Bob Blanchard, Long Range Planning, gave a brief presentation on the benefits of using the GMP Amendment process to adopt the proposed NRPA's. 3 . Under New Business, items recommended for discussion at the December 7, 1992 meeting: a. Steve Means additional costs to develop for increased recharge. b. Habitat Protection Ordinance changes made by legal department. . . 017: 3. New Business: Items recommended for discussion at the January 13, 1993 meeting: a. Tony Pires to draft County Attorneys Office letter of concern to be approved by EPTAB. b. Comments on the Coastal Zone Management Plan Technical Reports to be presented. c. Fran Stallings to brief EPTAB on the one-on-one meeting with the County Commissioners involving NRPA. d. Comments by EPTAB on the Golf Course memo to be presented. e. EPTAB to discuss upcoming January 19th, Board of County Commissioners NRPA presentation. 4 . The meeting was adjourned with unanimous approval. xe %• �111/1610 Arl KWrg,P) ar) ; i %'A, f -Pt*P41 //L ‘,,r -, (-lif A / , ‘7.,-. ". 4,,q, .,. .--oc. t/4 ) fi t-a - 5,i/i / Q' fo), ,70_54 , 41. I/ -01*olf 1-7- 7,tfet # 4/We gX A ., d'/(c, -5- 2, ,; f,' e�-' U lc 07,-/i.-9. -t- „&e•)o /,/,;i: , , , P -- N /4 . yow hjmak9 i,e,) 0 iv, A'1,1 ‘/.,. ec..f -- i. X"/".17.4,7. 1rVf?sA ....__*.6 4, 4kb. .7-ie- )1 / A 74 . - , 4 O/fes! -1 a le-,4-4i u, /44- ,,, - - /0?„,,,"elK,,,fif.v i •' „ t$01',O"---- lam' (V6( & 110 - , I. a, tc- in/I/71:---G•otoey-",-) 64-- )-tioito,s-7,, l7ifr ' " ii ht,,/,.aerot L r____ e- / 7*.e.S--- ` 1 GrueleT �1) _ 0 A,4,77- j. ii,,,,,,,. .„.T: 121/92 af" 77iir v- i ED:� /4kepbvr ,r/e/'C ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD 0)) Cr G�1 MINUTES OF DECEMBER 21, 1992, 0 ` �,�J ��"� David Addison Glenn Simpson Tony Pires esent: David Maehr Robert Duane Mike Davis Veeif Gary Beardsley eyt Steve Means Nancy Payton Iv °1 ;-4.---Lt'. - Absent: David Land �.. :-harry- Richardson - Staff: Fran Stallings Kevin Dugan Dick Hartwell Mac Hatcher Maura Kraus Jennifer Staiger Doug Suitor Public: Ronald Fowle Chris Straton James Olsen Christine Ramsey 1. The minutes from the last meeting were approved unanimously with amendments (list of handouts and citation or t e Growth Management Plan added) . 4jj )7u2 ,77,-:M(/ 1 %. : Old Business: Fran Stallings d scussed the Habitat Protection Ordinance. He expla' ned that the Ordinance has been held up in the County Atto neys Office. EPTAB members agreed to draft a letter to th Board of County Commissioners stating their concern with the County Attorney's Office // ,�,.p h dl'n of the �iabi t P otection Ordinance. �j'% l4FGy"�� P ► P��q /�/d '� i /q9� -7----deo . Fran Stallings discussed the upcoming one-on-one meetings oq with each County Commissioner in January. Mr. Stallings, Mr. 0 'j// y Lorenz and Mr. Blanchard will explain why the NRPA Program fin, `j4" should be approved by the Commissioners during their meetings 114 47 with each Commissioner. EPTAB will draft a letter of support ', , to be r.e etlted to t Bo d on J nu r 19th. pat4erat (feS r'$ jil caI Re Reports of the Coas T. M ra Kraus discussed tY Techni p /4-cz, Zone Management Plan.=" Maura requested that EPTAB review \ these Reports -ndfComment on them at the next EPTAB meeting:. t Fra --Stallings commented on a letter of concern from the- 4-; • esident of Seagate Property Owners Association. Mr. ,s Stallings explained that Seagate and Pelican Bay owners will / A$ be informed in late January about the Clam Bay proposed NRP . � I ( f �� 1C/el �vkrsl �, 2,`7 / ► �� l Ffe / 4,Yt1 iAero' ifit0 fes" (l/ / ..- )o. ---,7 -freg (77) �/ 17' l)J9 o-r- ,w p ,, . 1 rl,' `p "_/* 11 Ge L.Beardsley ,j.l /APTW4��'/19 / 7J /'' r'/s�j : .2396 13th Street NoAh Naples, FL 33940 //// ipk/ f,e0/41 /1/Q1/10' 0/). The group did not have time to finish the criteria discussion or work on the test map. Therefore, the following will be placed on the Agenda for the January 6, 1993 meeting: 1. Telegraph Swamp 2. CREW 3. Large Wetland/Upland Systems 4. Rarity 5. . Vulnerability 6. Connectivity (hydrologically and biologically) 7. Endangered, threatened, species of special concern gie„Apar211--":. Areas of Critical State Concern Other Criteria 10. Test Map The next meeting is scheduled for Wednesday, January 6, 1993, 10:00 am - 12:00 pm, at the Nature Conservancy's Environmental Protection Building in the Resources • •orn. -----___-The meeting adjourned at 12:15p_m Action Items: SFWMD Staff Obtain: 1) Invitation letter for CREW 2) Cooperative agreement with Lee and Collier counties/CREW 3) SOR five year plan 4) CREW enabling legislation All Members 1) Review criteria discussed and add/revise before the next meeting. . 2) Gary Beardsley to provide copy of Land Development Regulations for Big Cypress to Districtstaff. PO; 6:fc7 vs 10147-5 1/1,9 _Parc/ //://n-e t'ag CP14‘9144( 4 b' l'l717 /y/`ir) oik4* 7?-0 ce-44 /7- 1'iY441a�-jet' nim fik1 4( , 0� -3- CX /1 I / l r ft15) ,°P M CRAIG R. WOODWARD j-e7;eakage6, MARK J.WOODWARD SHANNON W. ANDERSON gi0J? ANTHONY P. PIKES,JR. STEPHEN J. PETERSEN* JOHN A. NOLD** ATTORNEYS-AT-LAW J. CHRISTOPHER LOMBARDO OF COUNSEL November 30, 1992 Mr. William Lorenz VIA FACSIMILE Environmental Services Division (813 ) 774-9222 Collier County Courthouse Complex 3301 E. Tamiami Trail Naples, Florida 33962 RE: EPTAB Dear Bill : Please be advised that I was unable to attend the November 23 , 1992 , EPTAB meeting as I was in Fort Lauderdale at a mediation session. Please consider this a written excuse. Sincerely, WOODWARD, P & ANDERSON, P.A. dika 07 Of Anth•ny-P. Pires, Jr. APP/nls cc: David Maehr ° 1431 SERViizr s i DATE: ___.4,4#2- I . PLEASE RESPOND TO: ID -Marco Island Office L7,Pelican Bay Office *Also admitted in Iowa **Also admitted in Kentucky 606 BALD EAGLE DR, SUITE 500, P.O.BOX ONE, MARCO ISLAND,FLORIDA 33969 AREA 813/394-5161 FAX 813/642-6402 PELICAN BAY 801 LAUREL OAK DR SUITE 640 NAPLES,FLORIDA 33963 AREA 813/566-3131 FAX 813/566-3161