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Policies/Meetings/General Correspondence - Volume 8 - ENVIRON,__.: _AL POLICY TECHNICAL ADV1.,..0. £ BOARD SIGN IN SHEET NOVEMBER 30; 1994 EPTAB MEMBERS ,-Dave Addison aok Baxter Thomas_ P _£rranna- Robert L. Duane � t �►�� Aerek Hodgin ✓Stephen A. Means, P.E. ttancy Payton /Charles Ray "Michael V. Taranto Gary K. Wilson ✓Dorothea P. Zysko PUBLIC MINUTES(YES/NO) ADDRESS t • A NATURAL RESOURCES DEPARTMENT o`erL' & J MEMORANDUM TO: EPTAB MEMBERS . FROM: William D. Lorenz Jr. , P. E. , Administrator DATE: November 30, 1994 SUBJECT: MEMBERSHIP RECOMMENDATIONS Attached for your review and recommendations are applications to fill the #we vacancies on EPTAB. According to Resolution 94-136, EPTAB has 41 days from notification to submit in writing a recommendation to the Board of County Commissioners. Currently, there are two vacancies on EPTAB. Two applicants are presented for your consideration. They are: 1. Bradley Cornell 2 . A. Leo Carter EPTAB must present its recommendation by January 2 , 1995. I suggest that EPTAB formally take a position on this item at its regular December 12 meeting. By that time I will prepare the qualification matrix for each applicant. I have attached an example matrix for your convenience. Attachment c: EPTAB file WDL: jl\7323 EXPERIENCE PAST EXPERIENCE AIR QUALITY BOTANY COASTAL PROCESS ECOLOGY ESTUARINE PROCESS HAZARDOUS WASTE HYDROGEOLOGY HYDROLOGY HYDRAULICS POLLUTION CONTROL SOLID WASTE STORMWATER WATER RESOURCES WILDLIFE MANAGEMENT ZOOLOGY LAND-USE LAW LAND-USE PLANNING -„- MEMORANDUM TO: - William Lorenz , Environmental Services Admitnistrator FROM: Sue Filson, Administrative Assistant - Board of County Commissioners RE: Environmental Policy Technical Advisory Boal_ DATE: November 28 , 1994 Ir-,L As you know, we currently have one vacancy 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: A. Leo Carter 33 Aquamarine Ave. Naples, Florida 33961-8236 Please let me know, in writing, the recommendation of the advisory committee 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 questions, please call me at 774-8097 . Thank you for your attention to this matter. SF Attachments P. S. I am also attaching a copy of Resolution No. 94-136 establishing guidelines for receiving recommendations for appointment of members to advisory committees and quasi-judicial boards. 4 November 17 , 1994 Ms. Sue Filson Administratrive Assistant , To The County Commission 3301 U.S. 41 E. Naples, Florida 33962 NDy 22 ,94 Board of County Con;,i_ . Dear Ms . Filson, loers I am interested in being a member of the Environmental Policy Technical Advisory Board in response to the article published in the Naples Dailey News, November 3, 1994, seeking volunteers . • I have been a resident of Collier County since December, 1991. I am recently retired from the Eastman Kodak Company where I was directly responsible for engineering in most all of the environmental areas that you listed a need for expertise. As you may know Kodak Park, Rochester, New York, is one of_the largest industrial complexes in the CUnited States. I have served as chairman of Kodak air quality committee and as a member of several other committees on your list. Also, since January, 1993, I am a licensed engineer in the State of Florida (PE 0046314) . I would be pleased to serve the county in the advisory capacity described. However, I am out of the state most of the time May through October each year and I am not sure of the problem that this may cause as a board member. Attached is a very brief resume. Sincerely, A. Leo Carter 33 Aquamarine Ave. Naples, Florida 33961-8236 Phone: 813-793-1942 A. Leo Carter leo is a licensed professional engineer and holds a BChE from thio StatetheUniversity University and a MS in Chemical Engineering of mer. He began working for Eastman Kodak Company in Process Development in 1957 and worked an assignments for mitny divisions at Kodak Park. • He became Supervisor of Process Development in 1967. Later assignments included Supervisor of • Chemical/Mechanical Design, PtvyLad Supervisor of Capital, and Product Supervisor of Sensitized Products. Appointed an Assistant Director of Manufacturing Technology Division in 1979, he directed research arra development activity in that division. In 1984, he became Assistant to the Director of Applied Ted nology Organization for worldwide process development budget aid outreach. In 1986, he was Director of the Chemical Process Engineering iicn for ma the Manufacturing march and eering Organization. • He is currently Director, Machine and Chemical Process Erigineering Division, Manufacturing Research and Engineering organization. • • • //fI 1992 College Industry Education Conference Proceedings OUR WORLD- :u 46 V,*}yrc z.,.._'`i{'�+i 1.1.11T,_'M:4/r....LW-';;,.:Y .�.,. tX .. Mt' y am, ( ` •3; ; 4E DA ,� t444' -: L ; \ .K2a' t+,..,,h' ti 'e' 0 ..yt"sKc441..ca sziasti1f9�: -4— n.?1T,�e'Y!`. il i (Advisory` , positions op �bo*ar�d e .:.--?:= K - '� +"'ivy .fes'-- -.'�'+ .4%.' Y d • n i.„,.‘, resi� on2; rtel'�17:14t, By Daly News staflrpein�Sete'nm e8ll� C • . 'The CC,)lie' ounti Commis -.11-mem comp_ai�ee ad404 • _ 1 slon is seeking volunteers tdfill ;1.the Poon e dev,gelopment ` F Moorvacancies on three-of:it; x , . plementattoa o •en r cithzens"advisory op• mmittees z,_ ••entalprotec ` `e.Hispai c Af airs,Advi ' ` T pllean orr°th T T i �1 ,� �.10 I 7 ',•-: shy Comm , 1 . 0,Li *seaEnedo error , a t : • ue`to4' .. -,. 44,• ,• �•,,o• ..d��i=tee w'. �'r' , j;,,,,:? nnnnat r .jjE,!; err�s. V4. i :i t. N.,.C1 o„,„.•- • •r:'.r:_ • .., t �� e+ ..?.F oaf '• • i... r f r is - . . M 1 T•''Tl1e PI111 • •• a, �" lo r . . . f .. A wan valuat'es p1 tr,S. t ;r-ii - i•` by ... olo: r dro . ter- ,.�- y�{ • 4. .•44p ..rionIan�d'aC --f.-..61.:',..- 4•,'yI. a c"s 1'1;3'Yw-rtr,; _ l••minum •�t10II?K '„;14.-4„.. T,r' p 4.4. r r�./ i.. � �h ` ep os,,, .. � .,,,a11 , p ►r. r r ,... .;i,a-=t •.:L�',..".:,:�-4.. 'Ago ernm- • .mnuttee �.,..4'.t!.1 t P . :±•l :C—- ?- " 1_-_•••_.. ' • r'3 ►w Zt �. r 1 .r i�ttl j i 1-!4. • •• • • . I 5 • V71-17r:1 em . c -i ::/...47 :10-11.. iilf(1��i1• '. . . • •U '?,.. 1 Vt •• tr_1 r. i ✓ T ri Mr. �.. .s..l•...! :'s 7•�t• •• _`r� �LTr 1111 -we+"r^"" r• •a r •-i ••;1�t:.'•fit 1•t 3 .)•.. "M'"r7 • r.• ••r - ria •t:1.11 ? ?..1,1i:;CI . e,ti:.•.i0Te �. _a or. . 7'� i�'e` +it. tit ' p e *V"- Oe. Sl,� Or 4e 1 (`-_. ?�•rt : •�r•iii�K;•►�,.•E • C : encies '- ,I.,,,,--i, 1;{I)a1C+-..5.:, iF�3 f t1) �; 4 ; in-31+,•1'�,`,,�nmen E1}, �' ,� .1 1 • • cal t\'•`[1' ••:• .� i �' .. •Y ,t;3�.;li1:1:Z4 .,4t n -"'.•1.,...1'I' f_. ;=v Arg ; v-Caa •u y 4;.,, ,,- i t r 1 MEMORANDUM TO: William Lorenz , Environmental Services Administrator FROM: Sue Filson, Administrative Assistant Board of County Commissioners RE: Environmental Policy Technical Adviso _Doard �- j DATE: November 28 , 1994 As you know, we currently have one vacancy 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: Bradley Cornell 556 109th Avenue North Naples, Fl. 33963 Please let me know, in writing, the recommendation of the advisory committee 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 questions, please call me at 774-8097 . Thank you for your attention to this matter. SF Attachments P. S. I am also attaching a copy of Resolution No. 94-136 establishing guidelines for receiving recommendations for appointment of members to advisory committees and quasi-judicial boards. 556 109th Avenue North Naples, FL 33963 `-r'r C Phone: 592-7805(H); 597-1111 ext.248(W) November 20, 1994 NOV 2 2 1994 -4ltr Qfc yynky �Pilj • SlOners Sue Filson, Administrator Collier County Advisory Boards County Government Center 3301 East Tamiami Trail Naples, FL 33962 Dear Ms. Filson: With this letter I wish to apply for the recently advertised vacancy on the Environmental Policy and Technical Advisory Board. Please find enclosed my resume in support of this application. I have been very active in the area of recycling and solid waste for the past three years. Serving as chair of the Collier County Citizens' Committee on Recycling, I have worked to improve communication and dialogue between the County's Solid Waste Department,the Board of Commissioners, and citizens keenly interested in bettering recycling and waste reduction services here. I also sit on the boards of Creative Recycle, Inc. and the Collier County Audubon Society. As Secretary for the local Audubon Society, and a member of its Conservation Committee, I have kept well informed on local and state environmental concerns and issues that impact Collier County's citizens and natural resources. I follow closely the proceedings of the present EPTAB. Most recently, I have made several speaking presentations before local civic organizations on solid waste and natural resource issues. If appointed, it would be a great pleasure and honor to serve the citizens of Collier County and the Board of County Commissioners as a member of the Environmental Policy and Technical Advisory Board. Thank you for your consideration of my application. Very sincerely, Bradley Cornel BRADLEY CORNELL 556 109th Avenue North Naples, FL 33963 (813) 592-7805 EMPLOYMENT 1992-present Philharmonic Center for the Arts, Naples, FL, Assistant Music Librarian. 1991-present The Naples Philharmonic, Naples, FL; Trombonist. 1989-1992 Northwestern University Library, Evanston, IL; Interlibrary Loan Department, Department Assistant. 1984-1988 Pinnacle Brass Quintet,Austin, Texas, Founding Member; Educational concert series manager and fund raiser. EDUCATION 1993 "Making Less Garbage", Gainesville, FL; Professional conference on solid waste reduction and recycling. 1990-1992 Northwestern University; courses in constitutional law, environmental biology, and statistics. 1986 University of Texas at Austin; Master of Music(Phi Kappa Phi academic honors fraternity). 1981 Oberlin College; Bachelor of Music, music education minor. CIVIC RESPONSIBILITIES 1994-present Creative Recycle, Inc., Naples, FL; Board member. 1994 Quality Growth Candidate Forum, Naples, FL; Organizing Committee member. 1993-present Collier County Audubon Society Board, Secretary and Conservation Committee member. 1993-present Civic Organizations Speaker, Naples, FL; Featured presentations on solid waste, ( recycling and natural resource issues. 1992-present Collier County Citizens' Committee on Recycling, Chairperson for independent citizens' group active in solid waste issues locally; organized and presented one- day seminar on waste reduction and recycling in Collier County. 1991-1992 Resource Center, Chicago, IL; Volunteer for the city's largest non-profit recycling organization; provided information to patrons at the Center's 250 ton per month drop-off facility. 1991-1992 Illinois State Library, Chicago-area co-trainer for four, day-long workshops on using a national computer network for interlibrary resource sharing. 1990-1992 Northwestern University Recycling Program, Department Contact. RESOLUTION NO. 94-136 A RESOLUTION ADOPTING A FORMAL POLICY ESTABLISHING GUIDELINES FOR RECEIVING RECOMMENDATIONS FOR APPOINTMENT OF MEMBERS TO ADVISORY COMMITTEES AND QUASI-JUDICIAL BOARDS. WHEREAS, the Board of County Commissioners has established - - various advisory boards and quasi-judicial boards to assist in various facets of county business and unctions; and WHEREAS, members are appointed to the Various advisory committees and quasi-judicial boards by Resolution of the Board of County Commissioners; and WHEREAS, the Board wishes to establish a policy and set forth guidelines regarding the recommendation process for membership on advisory committees and quasi-judicial boards. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following guidelines are hereby established for Board of County • Commissioners receipt and acceptance of recommendations from the various advisory committees and quasi-judicial boards for appointment of members to such committees or boards: 1) Recommendations will be accepted by the Board of County Commissioners for appointments or reappointments for vacancies cn advisory committees from the current membership of the committee. An advisory committee shall be allocated 41 days after notification from the Board office to submit in writing their recommendations to the Board of County Commissioners for the appointment or reappointment of members to such committee. 2) The County Staff is to review and categorize the applicants in areas of expertise and assure that the applicants possess the minimum position requirements for the appointment `he are seeking. 3) The following Boards are included in the category of ?uasi-Judicial Boards and no recommendations will be accepted cr :onsidered from such boards regarding appointments or eappointments :Tor vacancies on such Boards: a. Board of Building Adjustments and Appeals b. Collier County Code Enforcement Board c. Contractor's Licensing Board d. Public Vehicle Advisory Committee This Resolution adopted after motion, second and majority vote. DATED: March 1, 1994 ..an 7i ATTEST: �� BOARD OF COUNTY Coo ISSIONERS DWIGHT E: .BROCK, CLERK COLLIER Co ' , FLORIDA • >nC. BY: AftL �- Approved,a ' to form and Ili legal?'siufficiency: Kenneth uyle County Attorn MEMORANDUM L�#gd `d{ 9i'e➢3�!_ �bL �a'r'v�qi 4 i 1;;iN'k9 DATE UkA l� TO: William Lorenz , Environmental Services Adm nisf 4 FROM: Sue Filson, Administrative Assistant Board of County Commissioners � SFO: 1 RE: Environmental Policy Technical Advisory Bo rd ,;' 11-41-717)--y �- DATE: November 28, 1994 � As you know, we currently have one vacancy 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: A. Leo Carter 33 Aquamarine Ave. Naples, Florida 33961-8236 Please let me know, in writing, the recommendation of the advisory committee 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 questions, please call me at 774-8097 . Thank you for your attention to this matter. SF Attachments P. S. I am also attaching a copy of Resolution No. 94-136 establishing guidelines for receiving recommendations for appointment of members to advisory committees and quasi-judicial boards. EXPERIENCE PAST EXPERIENCE AIR QUALITY BOTANY COASTAL PROCESS ECOLOGY ESTUARINE PROCESS HAZARDOUS WASTE HYDROGEOLOGY HYDROLOGY HYDRAULICS POLLUTION CONTROL SOLID WASTE STORMWATER WATER RESOURCES WILDLIFE MANAGEMENT ZOOLOGY LAND-USE LAW LAND-USE PLANNING y November 17, 1994 Ms. Sue Filson Administratrive Assistant �,._ To The County Commission " 3301 U. S. 41 E. -- Naples, Florida 33962 NOV 22 1994 Dear Ms. Filson, Board of County Cony;,1e slo„ers I am interested in being a member of the Environmental Policy Technical Advisory Board in response to the article published in the Naples Dailey News, November 3, 1994, seeking volunteers. • I have been a resident of Collier County since December, 1991. I am recently retired from the Eastman Kodak Company where I was directly responsible for engineering in most all of the environmental areas that you listed a need for expertise. As you may know Kodak Park, Rochester, New York, is one of the largest industrial complexes in the United States. I have served as chairman of Kodak air quality committee and as a member of several other committees on your list. Also, since January, 1993, I am a licensed engineer in the State of Florida (PE 0046314) . I would be pleased to serve the county in the advisory capacity described. However, I am out of the state most of the time May through October each year and I am not sure of the problem that this may cause as a board member. Attached is a very brief resume. Sincerely, A. Leo Carter 33 Aquamarine Ave. Naples, Florida 33961-8236 Phone: 813-793-1942 A. Leo Carter Leo is a lid professional engineer and holds a BCt►E frau C7hio State theersiCity arsiay MS in Chemical Engineering of Roster. He began working for Eastman Kodak Company in Process Development in 1957 and worked on assignments for many divisions at Kodak Park. He became Supervisor of Process Development in 1967. Later assignments included Supervisor of Chemical/Mechanical Design, PLU LCUa Supervisor of Capital, and Product Supervisor of Sensitized Products. Appointed an Assistant Director of Manufacturing Technology Division in 1979, he directed r rth and development activity in that division. In 1984, he become Assistant to the Director of Applied Technology Organization for worldwide process development budget and outreach. In 1986, he was appointed Director of the Chemical Process Engineering Division for the Manufacturing Research and Engineering organization. He is currently Director, Machine and Chemical • Process Engineering Division, Manufacturing Research and Engineering Organization. • • 1992 College industry Education Conference Proceedings SHAPING OUR WORLD CENTURY If 46 a v P,., .t• ,•P r•,. ?• a= ..^+•-ten.-.,��r-..--•— ,•"' rt..., T�4 „r-M ..... Vi-s4 'v. cy .�w-�r"euat:. C . '-'•B" NA LES . N a. - ' Thurs. . _ 9941.4.?„., • ', 'A,watt art t� r vau yr •,.2- 11 Adviso ; * � .. board` • • z.. • a . positions op �1k rA-;ip.,+& 6. : ,de a .a< .,'t+�`zt � ,rcr�a,. ." ..a a ''. „ By.Daffy News staff : :resigns on.tiii --ter will e• Pine in Septemts to0811 `e Co li unty Commis ''i?4 'mem comma e a vises `ie'7� ',the coup ty, 9.d. lopment . i 4.-: mesion pis seeking volunteers to°fill '�„ i fo n.0,se neies on three of its ,: nImplementation�ofoenviron- z crtizens'�advisorycommittees 1.-..,-,..--,,.-mentproteeti rt,piogr" _ �The Hispain-,, a - Advi• � Iican or4,�,G. s -- -- `SPP the a soryComrmtteehas o>o tt seat redo enlonsfra ' m due W1.'61'111.3-tions '., "",, e or"znorerof>the '� { urrent�tei msRexpire m e, {mowing mg eas a quaht , 'i- *'�1995'°an'dtune"41997 1ogy<orxany�ofitssub scl 1 .'?The nin mesmbeclpanel_den ,.plineI.,,e, a ;processes -R e§an evaluatesOFople a ti .e d, x rio {i uity411ispaime v ste hydros olo 'Vdi a •ons . . t `� t !p.�.w.�� . 'a ailne o ,. f P cs Po.� # , mor on betty, ee t °p', d4,-. _# u o. �,. Pani mm uty an �:cobti of ' sty s rmwa-, ° -governme t Comnnttee z t managem • a • s s 0 , r� e k7w$pllTCeS O , ii r -' •ome s v' "°' Com f I•semen •-,-,,,--„,,,::::,1.,, ;; ' ` '` '� esf.' '-n` Th Yter`m a - ';i l`"� trorielp „.es,,,,,„,,,,,,,,,,,„,..o % ,. 1 s ' ,r. Tk m ni panel et `,'f n er e ' X -'coordinates sr�e�v�c s or; he> ,�. , �. . ',; 4v$4.$ " fix` p �II1e1E�GQ T1VSieSeC !,...-,,,,,=;,, ' . i they„.,141, ��iiv� C .. 8 a lragen es , ., ". x-_, .; x. o b �s p The EnyIronmentalzP�o cy ,� 962#,,,....,„?....._.,.-4.„.„1,42.,-.3...1.„,,,,,f---,,'. } - V � d t' °t. �N1 , . , -QfO e3 i i ` iii. 1 i Caneycitle''to S�. .T�.hy=,f. ,,,,=:i t t a.l'� -'X21 O -'4',:,: r.. E y v.7.,}^�l�a' S.TyY'�`' _y.,� Y s tlsi- r- ,.. �7 MEMORANDUM 1.1 Kat I TO: William Lorenz, Environmental Services Administrator - - `` / FROM: Sue Filson, Administrative Assistant Board of County Commissioners RE: Environmental Policy Technical Adviso y.:Board - DATE: November 28 , 1994 As you know, we currently have one vacancy 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: Bradley Cornell 556 109th Avenue North Naples, Fl. 33963 Please let me know, in writing, the recommendation of the advisory committee 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 questions, please call me at 774-8097 . Thank you for your attention to this matter. SF Attachments P. S. I am also attaching a copy of Resolution No. 94-136 establishing guidelines for receiving recommendations for appointment of members to advisory committees and quasi-judicial boards. 556 109th Avenue North C Naples, FL 33963 Phone: 592-7805(H); 597-1111 ext.248(W) November 20, 1994 No 22 1994 hRr� Bf C9yI?ky C d11jSr � loners Sue Filson, Administrator Collier County Advisory Boards County Government Center 3301 East Tamiami Trail Naples, FL 33962 Dear Ms. Filson: With this letter I wish to apply for the recently advertised vacancy on the Environmental Policy and Technical Advisory Board. Please find enclosed my resume in support of this application. I have been very active in the area of recycling and solid waste for the past three years. Serving as chair of the Collier County Citizens' Committee on Recycling, I have worked to improve communication and dialogue between the County's Solid Waste Department,the Board of Commissioners, and citizens keenly interested in bettering recycling and waste reduction services here. I also sit on the boards of Creative Recycle, Inc. and the Collier County Audubon Society. As Secretary for the local Audubon Society, and a member of its Conservation Committee, I have kept well informed on local and state environmental concerns and issues that impact Collier County's citizens and natural resources. I follow closely the proceedings of the present EPTAB. Most recently, I have made several speaking presentations before local civic organizations on solid waste and natural resource issues. If appointed, it would be a great pleasure and honor to serve the citizens of Collier County and the Board of County Commissioners as a member of the Environmental Policy and Technical Advisory Board. Thank you for your consideration of my application_ Very sincerely, Bradley Cornell BRADLEY CORNELL C 556 109th Avenue North Naples, FL 33963 (813) 592-7805 • EMPLOYMENT 1992-present Philharmonic Center for the Arts, Naples, FL; Assistant Music Librarian. 1991-present The Naples Philharmonic, Naples, FL; Trombonist. 1989-1992 Northwestern University Library, Evanston, IL; Interlibrary Loan Department, Department Assistant. 1984-1988 Pinnacle Brass Quintet, Austin, Texas, Founding Member; Educational concert series manager and fund raiser. EDUCATION 1993 "Making Less Garbage", Gainesville, FL; Professional conference on solid waste reduction and recycling. 1990-1992 Northwestern University; courses in constitutional law, environmental biology, and statistics. 1986 University of Texas at Austin; Master of Music(Phi Kappa Phi academic honors fraternity). 1981 Oberlin College; Bachelor of Music, music education minor. CIVIC RESPONSIBILITIES 1994-present Creative Recycle, Inc., Naples, FL; Board member. 1994 Quality Growth Candidate Forum, Naples, FL; Organizing Committee member. 1993-present Collier County Audubon Society Board, Secretary and Conservation Committee member. 1993-present Civic Organizations Speaker, Naples, FL; Featured presentations on solid waste, recycling and natural resource issues. 1992-present Collier County Citizens' Committee on Recycling, Chairperson for independent citizens' group active in solid waste issues locally; organized and presented one- day seminar on waste reduction and recycling in Collier County. 1991-1992 Resource Center, Chicago, IL; Volunteer for the city's largest non-profit recycling organization; provided information to patrons at the Center's 250 ton per month drop-off facility. 1991-1992 Illinois State Library, Chicago-area co-trainer for four, day-long workshops on using a national computer network for interlibrary resource sharing. 1990-1992 Northwestern University Recycling Program, Department Contact. RESOLUTION NO. 94-136 A RESOLUTION ADOPTING A FORMAL POLICY ESTABLISHING GUIDELINES FOR RECEIVING RECOMMENDATIONS FOR APPOINTMENT OF MEMBERS TO ADVISORY COMMITTEES AND QUASI-JUDICIAL BOARDS. WHEREAS, the Board of County Commissioners has established - various advisory boards and quasi-judicial boards to assist in various facets of county business and ;unctions; and WHEREAS, members are appointed to the Various advisory committees and quasi-judicial boards by Resolution of the Board of County Commissioners; and WHEREAS, the Board wishes to establish a policy and set forth guidelines regarding the recommendation process for membership on advisory committees and quasi-judicial boards. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following guidelines are hereby established for Board of County Commissioners receipt and acceptance of recommendations from the various advisory committees and quasi-judicial boards for appointment of members to such committees or boards: 1) Recommendations will be accepted by the Board of Count,: Commissioners for appointments or reappointments for vacancies cn advisory committees from the current membership of the committee. An advisory committee shall be allocated 41 days after notification from the Board office to submit in writing their recommendations to the Board of County Commissioners for the appointment or reappointment of members to such committee. 2) The County Staff is to review and categorize the applicants in areas of expertise and assure that the applicants • possess the minimum position requirements for the appointment t` -_ are seeking. 3) The following Boards are included in the category of Quasi-Judicial Boards and no recommendations will be accepted or considered frog such boards regarding appointments or reappointments for vacancies on such Boards: .a. Board of Building Adjustments and Appeals b. Collier County Code Enforcement Board c. Contractor's Licensing Board d. Public Vehicle Advisory Committee This Resolution adopted after motion, second and majority vote. DATED: March 1, 1994 nr: -ATTEST: :1 BOARD OF COUNTY 44 ISSIONERS DWIGHT E:,BROCK, CLERK COLLIER Co ', FLORIDA (2C BY: S. - • H C• - - N , CHAIRMAN .Approved,as` to form and legal r'siiff iciency: Kenneth B. Cuyle County Attorn M E M O R A N D U I '�— DATE: November 22 , 1994 TO: Timothy J. Constantine, Chairman Board of County Commissioners FROM: Sue Filson, Administrative Assi ant Board of County Commissioners RE: Environmental Policy Technical Advisory Board (EPTAB) As requested by the Board of County Commissioners on November 15 , 1994 , I contacted the Environmental Services Department concerning Jack Baxter' s request for an extended leave as a member of EPTAB. I have attached a copy of Mr. Baxter' s letter and a copy of the memorandum received from William D. Lorenz , Jr. , Environmental Services Administrator for your review. Mr. Baxter was appointed by the Board of County Commissioners on June 18 , 1994 , to serve a 3 year term. I was advised by Jane Lang, that Mr. Baxter has not attended any meetings of EPTAB- to date. Baxter did attend one subcommittee meeting. Ms. Lang did contact Mr. Baxter and was advised that his daughter is in St. John Hopkins hospital and he would be unable to attend future EPTAB meetings until February, 1995. The recommendation is to advertise for a new member. SF Attachments ECEtVED ENVIRONMENTAL SERVICES DIVISION MEMORANDUM 8oaro of ,Aunty Commiss ,no'c TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: William D. Lorenz Jr., P.E. , Administrator Environmental Services Division DATE: 9-Nov-1994 SUBJECT: EPTAB A request has been made by Jack Baxter, a current EPTAB member, for a leave of absence from EPTAB because of a family matter. Mr. Baxter has indicated his desire to continue on the Board and not be replaced. If the BCC so desires to grant his request, I would suggest there be a limit placed on his leave of absence. If you have any questions, please advise. :pc c: EPTAB members Environmental Services File Genesis Envii onmental Marine Monitoring, Inc. g "levee Jack Baxter 5811 Pelican Bay Blvd. Suite 301 Inventor and Chairman Naples, Florida 33963 Early Warning Oil EN Phone: (813)592-6131 Spill Detection System Fax: (813)597-6363 mom A>i�CE� 3s7llTi�vS 03 November 1994 DATE: �,/9/9� +:;CTION: Mr. William Lorenz, Administrator l CG Environmental Services Administration 1 iii -/�� Collier County Conference Center r— c� „ Public Affairs Office 3301 E. Tamiami Trail Naples, Florida F ' E- Re: Environmental Policy Technical Advisory - • . Dear Bill : In the last seven weeks, I have been unable to attend and participate as an advisor to the Collier County Board of Commi- ssioners. I have missed three meetings of the E.P.T.A.B. gathering. During two of the meetings, I was out of the country and because of this inability to be present, '3-�=feel=YImust__be_,_placed on-a -, eave of absence::;and,: that s s not: ;acceptable,=:3= vial-;tresignv My preference is not to be replaced but I do understand the necessity of having this position filled. For your information, I was called out of town the day before our meeting and contacted Kimberly and advised her of the problem which I had. Until further notice, I will be unable to attend the meetings because I will be with my daughter in Pennsylvania until a particular situation has been cleared up. Please contact the Vice President of Affairs, Luise Romano, at my home address re- garding your decision. It has been an honor to serve with such a concerned organi- zation for the environment and I can only hope that one day I may return. Best regards, -- __ GENESIS ENVIRONMENTAL MARINE MONITORING INC. . ‘Th Jack., Ba-ter President P. S. Please send all correspondence to me at my home address , 930 Heron Court , Marco Island FL 33937 DRAFT: APPROVED: a//-p/9t/ ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD NOVEMBER 14 , 1994 MINUTES PRESENT: Dorothea Zysko Derek Hodgin Charles Ray Gary Wilson Nancy Payton Robert Duane Dave Addison Mike Taranto Steve Means NOTIFIED ABSENCE: Jack Baxter STAFF: Marjorie Student Dick Hartwell Jane Lang (4:50 p.m. Jerry Neal and Steve Keehn) PUBLIC: Virginia Corkran Brad Cornell Adam White Chris Straton I. 4:15 p.m. Meeting called to order. II. Roll was called by Dorothea Zysko. III. Dorothea: The minutes from the October 10, 1994 meeting were approved unanimously with one correction. OLD BUSINESS: IV. Dorothea: Inlet Management Plan needs action by our EPTAB, but Jerry Neal is not present at this time. There should be a Special Meeting on the Wiggins Pass Inlet Management Plan. All in favor signified by saying "aye" . The date is set for Wednesday, November 30, at 4 :00 p.m. The 11/30 meeting is a continuation of this November 14 meeting and does not need to be advertised. V. Standing Reports: Nancy and Derek need to talk with Bill Lorenz about the schedule for the EAR work plan. Report by Derek on Agenda Items. The agenda is set two weeks before meetings. Anyone who has an item for the agenda should give it to the Steering Committee. Steering Committee asks about Collier County Natural Resource Director. Dick Hartwell: The job is being advertised in Florida Environmental and Florida Specifier. There are a number of internal applicants. Theme of Inlet Water Management Plan: increasing the width or depth of Wiggins Pass and being able to evaluate the time between dredging. Jerry explained from page 165 some management recommendations. - C ', ' ' / �� Standing Committee Reports: Agenda items for EPTAB meetings: In the past, members have contacted Dorothea. In the future, members may contact the Steering Committee. Agenda should be set no sooner than two weeks prior to next/upcoming meeting. EAR: Whether EPTAB is the formal county body - we want to look at policies and give recommendations. Marjorie Student: Stan Litzsinger is planning to take the EAR to the BCC by December of 1994 . Robert Duane read from a memo. Look at where we are/ assemble and track where were are and how we got there/analyze. The Sub-committee is frustrated as the DCA is unsure what they want/ie; what will satisfy them. The question is do we really need to do this. Jerry Neal and Steve Keehn present Inlet Water Management Plan to EPTAB before their third public workshop at 6: 00 p.m. tonight. Jerry passes out four handouts. Steve recited major points - the closure of Little Hickory, subsequent dredging, and the fluctuating pass. The Army Corps of Engineers had different navigation standards than the County's. The channel has been dredged four times, but the existing channel is not working. Steve gave excellent overhead projection. Motion made to continue this meeting. Jane will FAX to remind EPTAB members of next meeting. ***************************************************************** CONTINUATION OF 11/14/94 EPTAB MEETING ON NOVEMBER 30, 1994 ROOM C AT 4 : 00 P.M. (The focus of this meeting being a recommendation of the Clam Bay Inlet Management Plan. I. 4 : 10 P.M. Meeting called to order. II. Jack Baxter's request for extension was discussed. The extension until February will be decided upon by the Board. III. Roll Call: All members present but not Gary Wilson. Robert Duane and Jack Baxter excused. OLD BUSINESS: IV. Derek Hodgin: The rock stabilizing inlet throat would not be moved and is a minor problem because of the location of the rock. If dredging goes to 12' (a $25, 000 geotechnical investigation) . There are two elements: The outer channel modification is to widen and deepen this channel by dredging to 9' . However, the wider the channel the bigger the sand/sediment catch/erosion. Outer channel concept is okay. Littoral transports may need to be adjusted. Inner channel has two problems: Marinas say channel is being designed for 3 ' boats (see table on p. 124 of Mgmt. Plan) . These numbers are not final. The areas of concerns are squat, allowable overdredge and advanced maintenance. Dorothea Zysko: Advanced maintenance which is overdredging seems questionable. Allowable overdredge is error allowance. [There is no error, should be standard allowance, per Jerry Neal phone 12/14/94] . Pelican Isle Yacht Club/Westinghouse want 5' draft as a safety factor. County taxpayers would receive the burden. Mike Taranto read from page 128 . If they adopt this plan, how deep do we have to dredge to accommodate 3 '? Derek: Interior channel has never been dredged. Can get a copy of Army Corps standards Inlet Management Plan/Navigation and Public Safety. Dorothea: There are no design depth policies, so Bill Lorenz will have staff research design standards and list Coastal Zone Management Policies. Dave Addison: We need clarification of Water Turkey Bay. Recommendation made to have Jerry Neal attend December 12 meeting. Send recommendations made at that meeting to BCC with copy to Jerry. NRPA Clam Bay - Meeting set for 12/8/94; send Clam Bay Management Plan draft to EPTAB members who are not on the NRPA sub-committee. Growth Management Plan - Derek: Based on meeting of 10/24/94, GMP sub-committee made many recommendations. Virginia Corkran: Data on which analysis was made. Data gathering needs to start. Dorothea: Tracking wetlands destruction versus success of mitigation. Dorothea: Frank Meeker has been scheduled to speak at January's meeting and Valerie Boyd will speak in February. Potential topics to be addressed may include Virginia Corkran's suggestion: Big Cypress Watershed. Motion made and meeting adjourned at 5: 40p.m. (As per Procedure 010, EPTAB meetings shall be held on the second Monday of each month at the Collier County Health and Public Services Building, Room 216, at 4 : 00 p.m. ) EPTAB MEETING DATES - 1995 DATES: PLACE TIME JANUARY 9 RM 216 4PM FEBRUARY 13 RM 216 4PM MARCH 13 RM 216 4PM APRIL 10 RM 216 4PM MAY 8 RM 216 4PM JUNE 12 RM 216 4PM JULY 10 RM 216 4PM AUGUST 14 RM 216 4PM SEPTEMBER 11 RM 216 4PM OCTOBER 9 RM 216 4PM NOVEMBER 13 RM 216 4PM DECEMBER 11 RM 216 4PM WILSON MILLEP T' 813-643-5716 Dei 94 0 : 10 No . 007 P . 02 MEMORANDUM TO: lane Lang FROM: Dorothea Zysko t/ DATE: December 13, 1994 SUBJECT: EPTAB Below is what I have for the recommendation regarding the Wiggins Pass Inlet Management Plan: The Environmental Policy Technical Advisory Board (EPTAB) has reviewed the Wiggins Pass Inlet Management Plan prepared by Coastal Planning & Engineering, Inc. for the Board of County Commissioners with respect to consistency with the Collier County Coastal Zone Management Plan (CZMP) polices and the Plan's basis to provide navigation for vessels with a three foot draft or less. Based on this review, the EPTAB recommends that; 1.) the East Channel be eliminated from the Plan due to inconsistency with the CZMP recommendation number 1.24, which states that "The County shall only support currently altered pass and navigational channel dredging and maintenance that is consistent with and required by State and Federal boating safety and navigation standards and requirements (reference CCME Objective 11.2).", 2.) the East Channel not be included in the request for exemption from the Outstanding Florida Water designation under consideration by the State, and 3.) the South Channel and Water Turkey Bay construction depths outlined in the Plan be re-examined with the intent to minimize the allowable overdredge and advanced maintenance depths to the extent practicable. I would like to do a cover letter on this recommendation before its forwarded to the Board. Please let me know when you plan to send it. Also, attached is the letter I faxed to the Board. Please make copies and forward those copied on the letter. Thanks for all your help. WILSON MILLER TE, 513-643-5716 Dec 13 94 9 : 11 No . 007 P . 04 December 13, 1994 The Honorable Timothy J. Constantine Chairman, Board of County Commissioners Collier County Government Complex 3301 East Tamiami Trail Administrative Building Naples, Florida 33962 Re: Sand Dollar Island Dear Chairman Constantine: As you are aware, the Board of County Commissioners (BOCC) directed the Environmental Policy Technical Advisory Board (EPTAB) to assess the Sand Dollar Island issue and make recommendations, On December 22, 1993, one year ago this month, the attached five recommendations were forwarded to the BOCC. In light of the current activity of the BOCC, the (EPTAB) voted unanimously at its meeting yesterday, December 12, 1994, to resubmit its recommendations regarding Sand Dollar Island to you. The EPTAB would be pleased to present to the BOCC its findings in more detail and outline the County policies involved in this public issue involving State lands, Thank you for your consideration in this matter. Sincerely, agQ 49,44) Dorothea P. Zysko Chairman Environmental Policy Technical Advisory Board cc: Bettye Mathews, County Commissioner Pam Mac'Kie, County Commissioner John Norris, County Commissioner Tim Hancock, County Commissioner W. Neil Dorrill, County Manager Bill Lorenz, Environmental Services Division Environmental Policy Technical Advisory Board Members Board of County Commissioners ATTENTION: LOCAL MEDIA Public Affairs Office 774-8464 Contact: William Lorenz, Administrator Environmental Services Administration 732-2500 PRESS RELEASE - #1 The Natural Resources Protection Area Subcommittee of the Environmental Policy Technical Advisory Board will hold a meeting on Monday, December 19, 1994 at 4 : 00 p.m. , at The Conservancy, Inc. , 1450 Merrihue Drive, Naples, FL. Released December 13, 1994 PRESS RELEASE - #2 The Growth Management Planning Subcommittee of the Environmental Policy Technical Advisory Board will hold a meeting on Monday, December 19, 1994 at 4 : 00 p.m. , in Room C on the 3rd floor of the Health and Public Services Building (formerly Bldg. H) at the Collier County Government Center. Released December 13, 1994 ENVIRON—ATAL POLICY TECHNICAL ADVI„,JRY BOARD SIGN IN SHEET NOVEMBER 14, 1994 EPTAB MEMBERS Dave Addison Jack Baxter .- Thomas axter Thomas P. Ciranna - Robert L. Duane /;6 ” kiDerek Hodgin Stephen A. Means, P.E. r ancy Payton Charles Ray Michael V. Taranto Gary K. Wilson Dorothea P. Zysko PUBLIC MINUTES(YES/NO) ADDRESS J -7L {L C / j' i!'' < \ !._ 1/ -%// ‘1JjL,scti y .Z El AB 77A s:zs,tor: Litvx �c ��, i ; n gyres - s eh/Q.-2 / civl rot/ Cass /ra /rs 33 63 C r e /0Arerw-e , A N,rte s , t ADA WN ,rc Yz Zs I t DDe-1 LAKE �� A4,Lcs PL7 3 y E,L ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: NOVEMBER 14 , 1994 PLACE: COLLIER COUNTY COMPLEX, HEALTH AND COMMUNITY SERVICES BUILDING, 2ND FLOOR, ROOM 216 TIME: 4 : 00 P.M. I. CALL MEETING TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES - OCTOBER 10, 1994 IV. OLD BUSINESS a. Wiggins Pass Inlet Management Plan - Jerry Neal and Derek Hodgin b. Standing Committee Reports 1. Steering Committee Report - Steve Means 2 . Natural Resource Protection Area - Derek Hodgin 3 . Growth Management Committee - Robert Duane V. NEW BUSINESS VI. PUBLIC COMMENTS VII. ADJOURNMENT Y9 ; /e", 73 jl\7255 DRAFT: 10/10/94 APPROVED: ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD October 10, 1994 MINUTES PRESENT: Dorothea Zysko Derek Hodgin Chuck Ray Gary Wilson Nancy Payton Robert Duane David Addison Mike Taranto NOTIFIED: Steve Means Jack Baxter Tom Ciranna ABSENCES: STAFF: Bill Lorenz Marjorie Student Mac Hatcher PUBLIC: Virginia Corkran Mary Chenery Brad Cornell I• Meeting called to order. II. Introduction of Mike Taranto. III• Roll was called by Dorothea Zysko. IV. The minutes from the September 12, 1994 meeting were approved unanimously with some amendments. V. OLD BUSINESS a. Marjorie Student mentioned that there is a Sunshine Law manual in the County Attorneys office if anyone needs to review something. Some pertinent considerations are listed below. If an EPTAB member suspects they may have a conflict regarding the Sunshine Law please contact Marjorie prior to the meeting. All meetings are "Public" with public input allowed. No discussion of EPTAB business with other members outside of meetings. "Conflict of interest" includes items to your or your employer's benefit Civil and criminal penalties can result from violations of the Sunshine Laws. b. Discussions regarding EPTAB procedures resulted in the following recommendations. The sign in sheet will include space for the public to indicate if (and an address) they would like to receive a copy of the minutes. A motion to send minutes to requesting public and all EPTAB members was approved unanimously. Mailing lists (all lists) will include a title and date. Items for distribution should be received by Bill 5 days prior to next scheduled meeting. Members should notify Natural Resources or the Chairman and state reason for absence. Staff shall forward absence reasons to Chairman prior to the meeting. EPTAB ordinance (91-26 & 91-33)provides for removal of members missing 2 consecutive meetings without a satisfactory excuse or 1/4 of the meetings in a fiscal year. c. Standing Committee Reports: 1. Steering Committee: Dorothea said they received Work Plan and EAR schedule. Bill indicated that staff would go to BCC the end of November with the NRPA priority list(Dorothea did not think it needed to be prioritized again) . The EAR schedule will be sent to EPTAB members. 2 . NRPA: Derek indicated meetings were held Sept. 26 & Oct. 6. Members received the Draft Clam Bay Report and the Draft Management Plan for review. Additional meetings had been held to keep with schedule to take to BCC in Jan. 95. Tentative date of Dec. 8 1994 6: 30 PM for presentation to EPTAB of Clam Bay NRPA. 3. Growth Management: Robert said they had received the schedule for the EAR and expressed some concern that staff would not be able to provide sufficient data to support changing policies. Bill indicated that he would get Stan Litsinger to meet with committee and discuss scope needed for EAR. Robert said he wanted to best serve the community and wanted the best data available. Dorothea requested that Robert inform EPTAB when data is needed. d. Wiggins Pass Inlet Management Plan: Derek has final document and has begun review. Primary concerns include proposal to widen and deepen the mouth of the pass, and remove rock. Derek will meet with Jerry Neal and prepare a presentation and recommendations. Bill will call Jerry to schedule a presentation at the next meeting. e. Lower West Coast Water Supply Plan Report postponed. VI NEW BUSINESS None. VII PUBLIC COMMENTS None VIII ADJOURNMENT The motion to adjourn was approved unanimous. jmh Evaluation and Appraisal Report (EAR) EPTAB (Growth Management Plan Subcommittee) Work Schedule 10-1-94 GROUP 1 (NRPAs AND HABITAT STANDARDS) CCME: 1.3, 6. 1, 6.2, 6. 3, 6.4, 6.5, 6. 6, 6. 7 6. 8 Summary Sheets prepared October 1, 1994 SubCommittee Review November 30, 1994 Report to EPTAB December 12, 1994 Group 2 (LISTED SPECIES, COASTAL MGT, ARCHEOLOGICAL) COME 7.1, 7.2, 7.3, 11. 1, 11.2, 11.3, 11.4, 11.5, 11.6, 12. 1 Summary Sheets prepared November 1, 1994 SubCommittee Review December 30, 1994 Report to EPTAB January 9, 1995 Group 3 (GROUND/SURFACE WATER) COME: 2.2, 2.3, 2.4, 2.5, 3. 1, 3.2, 3. 3, 3. 4 NAGWRA: 1.1, 1.2, 1.3, 1.4, 1.5, 2. 1 Summary Sheets prepared December i, 1994 SubCommittee Review January 30, 1995 Report to EPTAB February 13, 1995 Group 4 (AIR QUALITY, MINERALS, HAZMATS) COME: 5.1, 5.2, 5.3, 5.4, 8. 1, 9.1, 9.2, 9.3, 9.4, 9.5 Summary Sheets prepared January 1, 1995 SubCommittee Review February 28, 1995 Report to EPTAB March 13, 1995 Group 5 (SOLID WASTE) SW 1.1, 1.2, 1.3, 1.4, 2. 1, 2.2 Summary Sheets prepared February 1, 1995 SubCommittee Review March 31, 1995 Report to EPTAB April 10, 1995 Group 6 (DRAINAGE) D 1. 1, 1. 2, 1 . 3 , 1. 4, 1. 5 Summary Sheets prepared SubCommittee Review March1, 1995 Report to EPTAB April 30, 1995 May 8, 1995 Group 7 (HURRICANE) COME: 13. 1, 13 .2, 13 . 3, 13.4 Summary Sheets prepared April 1, 1995 SubCommittee Review May 31, 1995 Report to EPTAB June 12, 1995 Group 8 (WATER/SEWER) COME: 4. 1, 4.2 PW: 1. 1, 1.2, 1. 3, 1.4, 1.5 SEW: 1. 1, 1.2, 1. 3, 1.4, 1.5 Summary Sheets prepared May 1, 1995 SubCommittee Review June 30, 1995 Report to EPTAB July 10, 1995 Group 9 (ADMINISTRATION/LOS STANDARDS) COME: 1. 1, 1.2, 10. 1, 14 . 1 Summary Sheets prepared June 1, 1995 SubCommittee Review July 30, 1995 Report to EPTAB August 14, 1995 ENVIRONMENTAL SERVICES DIVISION MEMORANDUM / l TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: William D. Lorenz Jr. , P.E. , Administrator Environmental Services Division DATE: 9-Nov-1994 SUBJECT: EPTAB A request has been made by Jack Baxter, a current EPTAB member, for a leave of absence from EPTAB because of a family matter. Mr. Baxter has indicated his desire to continue on the Board and not be replaced. If the BCC so desires to grant his request, I would suggest there be a limit placed on his leave of absence. If you have any questions, please advise. :pc c: EPTAB members Environmental Services File Genesis Environmental Marine Mnnitoring, Inc. Jack Baxter Oeste.414 /144e < i' Inventor and Chairman ay Blvd. Suite 301 Early Warning Oil () -4 j �. 1 33963 Spill Detection System 592-6131 /'6363 1:11 CAO o-L ICES ROUTING 03 November 1994 8 c�_y� � 9 ACTION: Mr. William Lorenz, Administrator CG Environmental Services Administration Ih Collier County Conference Center INFO: Public Affairs Office 3301 E. Tamiami Trail -� Naples, Florida ---��_ Re: Environmental Policy Technical Advisory . Dear Bill : In the last seven weeks, I have been unable to attend and participate as an advisor to the Collier County Board of Commi- ssioners. I have missed three meetings of the E.P.T.A.B. gathering. During two of the meetings, i was out of the country and because of this inability to be present, I feel I must be placed on a leave of absence and if that is not acceptable, I will resign. My preference is not to be replaced but I do understand the necessity of having this position filled. For your information, I was called out of town the day before our meeting and contacted Kimberly and advised her of the problem which I had. Until further notice, I will be unable to attend the meetings because I will be with my daughter in Pennsylvania until a particular situation has been cleared up. Please contact the Vice President of Affairs, Luise Romano, at my home address re- garding your decision. It has been an honor to serve with such a concerned organi- zation for the environment and I can only hope that one day I may return. Best regards, GENESIS E IRONMENT MARINE MONITORING INC. Jac B ter Pres dent P.S. Please send all cor : • .ndence to me at my home address, 930 Heron Court, Marco Island FL 33937 lib -/./Yr4-4."— ' u j ( 7-2r r m r ii0''t.€`,.#4 <'•.=.fix?'•'s. , - , - - }1 g� /:: ENVIRONMENTAL SERVICES DIVISION MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: William D. Lorenz Jr. , P.E. , Administrator Environmental Services Division DATE: 9-Nov-1994 SUBJECT: EPTAB A request has been made by Jack Baxter, a current EPTAB member, for a leave of absence from EPTAB because of a family matter. Mr. Baxter has indicated his desire to continue on the Board and not be replaced. If the BCC so desires to grant his request, I would suggest there be a limit placed on his leave of absence. If you have any questions, please advise. :pc c: EPTAB members Environmental Services File Genesis Environmental Marine Monitoring, Inc. g 4, Jack Baxter ) ay Blvd. Suite 301 Inventor and Chairman 1 33963 Early Warning Oil ? �'`� 392-6131 Spill Detection System 111 E ,C- r-6363 eAO 01_ ICES ROUTING 03 November 1994 4 c 'o� jACTION: Mr. William Lorenz, Administrator CC- Environmental GEnvironmental Services Administration I Collier County Conference Center / IN F 0: Public Affairs Office !! 3301 E. Tamiami Trail l-�---- Naples, Florida i Re : Environmental Policy Technical Advisory - . . . Dear Bill : In the last seven weeks, I have been unable to attend and participate as an advisor to the Collier County Board of Commi- ssioners . I have missed three meetings of the E.P.T.A.B. gathering. During two of the meetings, I was out of the country and because of this inability to be present, I feel I must be placed on a leave of absence and if that is not acceptable, I will resign. My preference is not to be replaced but I do understand the necessity of having this position filled. For your information, I was called out of town the day before our meeting and contacted Kimberly and advised her of the problem which I had. Until further notice, I will be unable to attend the meetings because I will be with my daughter in Pennsylvania until a particular situation has been cleared up. Please contact the Vice President of Affairs , Luise Romano, at my home address re- garding your decision. It has been an honor to serve with such a concerned organi- zation for the environment and I can only hope that one day I may return. Best regards, GENESIS E IRONMENT MARINE MONITORING INC. Jac]c. B ter President P.S. Please send all corte.spdndence to me at my home address, 930 Heron Court, Marco Island FL 33937 A:6 er-6/ 014 I cfre till /1/41/41- ,Ledre-e/4-1 "-- AAJ Q / x0 . tr Q D ieke, ii AUk/\& V # IV/ s8 - orAdvi,;7_ Wilson, miner, Barton Peek ii:irr.___aruriointsmeg_. Thursday, September 29, 1994 3B The board of directors o il- son, Miller, Barton & Peek Inc. ,, has appointed Robert E. Fur- ' �,_: long, P.E., and Bruce A. Ran- Q kin,ASLA,to principal status of F the firm. Furlong also has been elected vice president, along 11.. .4 with Timothy P. Durham, P.E. :. and Stephen A.Means,P.E. With Wilson Miller for 11 Furlong Rankin years, Furlong has managed designs for private land devel 1 ',., opments, public schools and k , community parks. These proj �s ects include the City of Home , stead parks system, University of Miami's Mark Light Stadiums field renovations and Hendry - , -T'' a '° Correctional Institution. He has a degree in environmental engi- Durham Means neering from the University of Florida. He is a member of the life and environmental permit- American Society of Civil Engi- ting issues and is qualified by neers and Florida Engineering Department of Administrative Society. Hearings as an expert witness on environmental permitting. Rankin, vice president of He has participated in the Flor- planning and landscape archi- ida Chamber of Commerce's tecture,has 25 years of national Environmental Permitting experience that he applies to Short Courses since 1985. Dur- site planning and landscape de- ham has a degree in civil engi- sign,DRI master planning,land neering from the University of rezoning and public parks de- Florida and is a member of the sign. He managed master plans Florida and National Associa- for the Key West Bight redevel- tions of Environmental Prof es- opment and City of Homestead sionals. parks system and was instru- mental in the site selection pro- Means, with the firm for 12 cess for Florida Gulf Coast years, is manager of the Water University. He has a master's Resources Division, specializ- degree in landscape architec- in in water supply, water re- ture from the University of use, hydraulics and surface Michigan and a bachelor's de- gree from Principia College. He is a member of the Ameri- water hydrology. He obtained a bachelor's degree in environ- mental engineering and a mss can Society of Landscape Ar- ter's degree in civil engineering chitects, American Planning from the University of Florida. Association and Florida Plan- Means is a member of the Coi- ning&Zoning Association. Tier County Environmental Pro With Wilson Miller for 11 years, Durham is director of environmental services. He tection Technical Advisory Board,as well as the American Society of Civil Engineers and specializes in ecosystem, wild Florida Engineering Society. OCIOA•dP' ID CH kj1-0(\vv\e_rA- PoL avAAafTA-c C nScc u ale\ i < R.11- "irp ( te 4 A17-0 EA.)j R pre s gem A, e-6 / fr Or r, LAN/I/ P &AC cc ,Aet_t_J,A, c . \ • ,K) ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: OCTOBER 10, 1994 PLACE: COLLIER COUNTY GOVERNMENT COMPLEX, BUILDING H, 2nd FLOOR CONFERENCE ROOM 216 TIME: 4 : 00 P.M. I. CALL MEETING TO ORDER II. INTRODUCE NEW MEMBERS III. ROLL CALL IV. APPROVAL OF MINUTES - SEPTEMBER 12 , 1994 V. ANNOUNCEMENTS VI. OLD BUSINESS a. Sunshine Law Review - Attorney Marjorie Student b. EPTAB Procedural Matters c. Standing Committee Reports 1. Steering Committee - Steve Means 2 . Natural Resource Protection Area - Derek Hodgin 3 . Growth Management Committee - Robert Duane d. Comp Plan - EAR e. Wiggins Pass Inlet Management Plan f. Lower West Coast Water Supply Plan VII. NEW BUSINESS , 2/ _ pmeeee2ae VIII. PUBLIC COMMENTS /eJ/�-Al ` IX. ADJOURNMENT ot4e1' ` 7, jl\7046 — V. 4 979 REVIEW OF LOCAL GO IMENT PLANS J- 4/94) 9J-5.0053) scBV{CES R�lU�� G ANNOTATIONS Statutes,and Chapters 9.1-5 and 9J-33,F.A.C.The l WMtif<TA1. C prehensire plan purpose of the evaluation and appraisal report is to i'��'�� e itioner jailed to show that land use designation did assess and evaluate the success or failure of the not eel requirements of rule. Sunshine Ranches local government's comprehensive plan, including \DTE. / wner's Association,Inc.v.!froward County,et al., the validity of the projections,the realization of the Com/ 4, 1 12 FA R 3549, 3567(1990);Environmental Coalition of � T�QN: --NvvviL, Florid . v. Broward Counq, et al., 12 FALR 3549, pO2 and objectives,and the implementation of the 67/ Inc):. plan's policies. The report shall also address �-- _ Cud bona!compliance changes in local conditions, changes in state and Requt entent of Rule 9J-5.005(6), F.A.C., and regional policies on planning and growth 1 ,,� l § 163.3 4, F.S., that all actions taken in regard to management and through adoption of related nt orders be consistent with comprehensive plan amendments, to update the local government's covering i volved land does not vest county with power to comprehensive plan to address the issues raised in ...waive—Ir urrency and consistency requirements of the report. �P f'h'apter 163, Part 1/, FS.,for deviation from DRI plan (2) TRANSMITTAL REQUIREMENTS Fi` that was originally approved prior to adoption of such FOR PROPOSED EVALUATION AND requirements, when such deviation is result of county's APPRAISAL REPORT. exercise of statutory powers, such as, in this case, approving construction of beltway affecting land covered (a) In accordance with the schedule established To: by development order. American Newland Associates v. in Rule 91-33, F.A.C., the local planning agency Department of Community Affairs, 11 FALR 5205 shall prepare and transmit a proposed evaluation (1989). and appraisal report to the local governing body for From j Methodology review and adoption,and contemporaneously send Declaratory statement issued by Secretary.Department a Copy to the Department. At a minimum, the Return p of Community Affairs: Population projection format and content of the proposed report will methodology submitted by Petitioner was deemed as include a table of contents; numbered pages; professionally unacceptable as measured by applicable element headings; section headings- within Keep or Recycle❑ statute (Section /63.3177(10)(e), Florida Statutes) and elements;a list of included tables,maps and figures; rule (Rule 9J-5.005(2)(e)1., F.A.C.). Assumptions upon titles and sources for all included tables,maps and PostIr FYI.pad 7668 which Method was based were not objective data;methods of calculation were not clear;rationale for not treating figures;where applicable,maps shall include major - similarly situated properties was not professionally natural and man-made geographic features, city, recognizable;very premise of the proposal was not based county and state lines;maps shall contain a legend upon objective demographic realities. Clay County v. indicating a north arrow, map scale and date; a Department of Community Affairs, 13 FALR /457 preparation date;and the name of the preparer. (1991). (b) The proposed evaluation and appraisal Prioritization of capital expenditures report will assess and evaluate the success or failure Nothing in § 163.3177(10)(hI, F.S., or Rules of the local government's adopted comprehensive 9J-5.016(2)(c),(3)(b),(4)(a)1.,F.A.C.,requiring county in plan, including the validity of the projections, the preparation of comprehensive plan to consider its ability realization of the goals and objectives, and to provide public facilities for previously approved implementation of the plan's policies.The proposed development orders, and 91-5.005(6). F.A.C., requiring evaluation and appraisal report shall also address county to identify how such facilities will be provided, requires county to give priority in capital expenditures to changes in local conditions; the to: t on the provision of infrastructure necessary for buildout of comprehensive plan of changes to: the state $l ( previously approved DRIs.American Newland Associates comprehensive plan,Chapter 163, Part II, Florida li v. Department of Community Affairs. II FALR 5205 Statutes, Chapter 9J-5, F.A.C., and the (1989). appropriate strategic regional policy plan; suggest 92-5.0053 Evaluation and Appraisal Reports and changes needed to update the comprehensive plan, Evaluation and Appraisal Amendments. elements,or portions thereof;suggest reformulated (1) PURPOSE AND INTENT. It is the intent or additional goals, objectives, policies, maps, of the Legislature that each unit of local schedules, and procedures; and otherwise address government required to adopt a comprehensive the requirements specified Section 163.3191, plan pursuant to Chapter 163, Part II, Florida Florida Statutes,and this Rule Chapter. Statutes, periodically update its comprehensive (c) The local planning agency shall prepare its plan through the preparation and adoption of an Proposed report in conformity with the public evaluation and appraisal report (EAR) and participation procedures that were adopted by the adoption of an evaluation and appraisal local planning agency in accordance with the public report-based plan amendments in accordance with Participation requirements of Section 163.3181, Section 163.3191, Florida Statutes. This Rule Florida Statutes and Rule 9J-5.004,F.A.C. establishes the procedures and criteria for the (d) A local planning agency may, at the preparation, transmittal, adoption and sufficiency direction of the local governing body, and in review of local government comprehensive plan accordance with Section 163.3191(8), Florida Statutes, prepare and transmit an evaluation and evaluation and appraisal reports and evaluation and appraisal report-based plan amendments appraisal report in advance of the transmittal date submitted pursuant to the Local Government established by Rule 9J-33, F.A.C., in accordance with the Early Submission requirements therein. Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida (e) If a local planning agency transmits an early evaluation and appraisal report,the local planning (R. 4/94) 9J-5.0053 DEPARTMENT OF COMMUNITY AI RS V. 4, p. 980 agency shall transmit, in conformity with the addendum to the adopted report in conformity with schedule established by Rule 9J-33, F.A.C., an this subsection. addendum which, at a minimum, addresses (f) At a minimum,the addendum shall address changes in local conditions,relevant changes in the relevant changes in local conditions, the state state comprehensive plan, the requirements of comprehensive plan,Chapter 163, Part II, Florida Section 163.3191, Florida Statutes, the Statutes, the requirements of Chapter 9.1-5, ,s.r. : • .,;--$; ., requirements of Chapter 9J-5, F.A.C., and F.A.C.,and the applicable strategic regional policy applicable strategic regional policy plan changes plan that occurred subsequent to the adoption of that occurred subsequent to the adoption of the the earlier evaluation and appraisal report. The earlier evaluation and appraisal report. public participation, public notice, and adoption (3) SUBMITTAL REQUIREMENTS FOR requirements established for the submittal of the ADOPTED EVALUATION AND APPRAISAL adopted evaluation and appraisal report must be REPORT. followed when submitting the addendum to the (a) Within 90 days after receiving the proposed adopted report. evaluation and appraisal report from the local (g) All evaluation and appraisal report planning agency, the local governing body shall materials,including graphic and textual materials, adopt, or adopt with changes, the proposed maps, support documents including data and evaluation and appraisal report.Within 10 working analysis,a submittal letter from the designee of the days of adoption of the report, the local governing local governing body stating the dates on which the body shall submit three copies of the adopted report local government held the requisite public hearings, to the Department. and a copy of the adoption ordinance or resolution (b) The adopted evaluation and appraisal report shall be submitted directly to: will assess and evaluate the success or failure of the Florida Department of Community Affairs local government's adopted comprehensive plan, Bureau of Local Planning,Room 252 including the validity of the projections, the Plan Processing Team-EAR REVIEW realization of the goals and objectives, 2740 Centerview Drive • implementation of the plan's policies.The adopted Tallahassee,Florida 32399-2100 evaluation and appraisal report shall also address (4) CRITERIA FOR DETERMINING changes in local conditions; the effect on the SUFFICIENCY OF ADOPTED EVALUATION comprehensive plan of changes to: the state AND APPRAISAL REPORTS. comprehensive plan,Chapter 163, Part II, Florida (a) Within 30 days of receipt of an adopted Statutes, Chapter 9J-5, F.A.C., and the evaluation and appraisal report or addendum, the appropriate strategic regional policy plan;changes Department shall review the adopted report to needed to update the comprehensive plan, determine its sufficiency.A sufficiency review shall elements,or portions thereof;include reformulated not be a compliance review, but shall be a or additional goals, objectives, policies, maps, determination that: schedules, and procedures; and otherwise address I. the report or addendum was adopted and the requirements specified in Section 163.3191, submitted timely;and Florida Statutes, and this Rule Chapter. When 2. the adopted report or addendum addresses all evaluation and appraisal report-based amendments the requisite provisions of Section 163.3191, to the comprehensive plan do not occur Florida Statutes including the requirements of 2 t • simultaneously with the adoption of the evaluation and appraisal report, the report shall include a subsections 163.3191(2), (3), and (6), FloridaStatutes,and this Rule Chapter. schedule for adoption of evaluation and appraisal (b) A local government may request that the report based amendments within 1 year after the Department provide substantive comments report or addendum is adopted unless a six-month regarding the report or addendum during the extension is granted by the department. Department's sufficiency review to assist the local (c) The local governing body shall adopt, or government in the adoption of its evaluation and adopt with changes, the evaluation and appraisal appraisal report-based plan amendments. report in conformity with the public participation Comments provided during the sufficiency review procedures in accordance with the public will not be binding on the local government or the participation requirements of Section 163.3181, Department, and will not supplant or limit the Florida Statutes and Rule 9J-5.004, F.A.C. Department's consistency review of the adopted (d) A local governing body may adopt and EAR-based amendments. A rquest for comments submit an evaluation and appraisal report must be made in writing by the local government transmitted by the local planning agency in and must be submitted at the same time the advance of the submittal date established by Rule adopted report is submitted for sufficiency review. 9J-33, F.A.C., ine accordance with the Early (c) Upon completion of its sufficiency review, Submission requirements therein. the Department will notify in writing the local (e) If the local governing body adopts an governing body of its sufficiency determination. evaluation and appraisal report more than 90 days (d) If the Department determines that the prior to the due date established in Rule 9J-33, adopted report or addendum sufficiently addresses F.A.C., for the adoption of the report, the local the requisite provisions of Section 163.3191, governing body shall also adopt and submit an Florida Statutes, and this Rule Chapter, the local V. 981 REVIEW OF LOCAL GO .NMENT PLANS (J- 4/94) 9J-5.0053 government shall proceed with adoption of plan review as that term is defined in Section amendments necessary to implement the 163.3184(1)(b), Florida Statutes. recommendations in the report or addendum, and (c) Notwithstanding the requirements of may proceed with plan amendments in addition to subsection (I) of this section, a local government the evaluation and appraisal report-based plan may adopt its evaluation and appraisal amendments. report-based plan amendments simultaneously (e) If the local planning agency fails to transmit with the adoption of its report or addendum. An its evaluation report or addendum to the evaluation and appraisal Department by the established transmittal date,or simultaneous with the ocal government's adoption if the local governing body fails to adopt the of the report-based plan amendments shall be evaluation and appraisal report by the established adopted in accordance with Sections 163.3187(5) adoption date, the local governing body is and 163.3191, Florida Statutes, and this Rule prohibited from amending its comprehensive plan Chapter, including the requirements for public until such time as the local governing body adopts notice and public hearings.The adoption of a report and submits an evaluation and appraisal report or simultaneous with the adoption of report-based addendum that the Department determines plan amendments shall not act as a bar to, or sufficiently addresses the requisite provisions of limitation on, the effect of the Department's Section 163.3191, Florida Statutes, and this Rule sufficiency review of the adopted report, nor may Chapter. If the Department determines that the the Department waive its responsibilities for review adopted report or addendum is not sufficient of such report. Evaluation and appraisal because it fails to address the requirements of report-based plan amendments adopted Section 163.3191, Florida Statutes, and this Rule simultaneously with the local government's Chapter, the local governing body is prohibited adoption of its report shall be adopted in from amending its comprehensive plan until such accordance with Sections 163.3184, 163.3187,and time as the local governing body adopts and 163.3189, Florida Statutes, and shall be subject to submits an evaluation and appraisal report or compliance review. addendum that the Department determines (6) EVALUATION AND APPRAISAL sufficiently addresses the requisite provision of REPORT MINIMUM CRITERIA. Section 163.3191, Florida Statutes, and this Rule (a) The evaluation and appraisal report shall Chapter,except for plan amendments to implement include an evaluation and assessment of the success recommendations in the adopted evaluation and or failure of the local government's adopted appraisal report or addendum. comprehensive plan, including the validity of the (f) If local governments are prohibited from projections, the realization of the goals and amending the comprehensive plan pursuant to rule objectives, and the implementation of the plan's 9J-5.0053(4)(e) F.A.C., then during the time policies. The evaluation and appraisal report shall period of the prohibition starting subsequent to the also address changes in local conditions; the effect submission date specified in Rule 9J-33, F.A.C., on the comprehensive plan of changes to: the state amendments will not be processed by the comprehensive plan,Chapter 163, Part II, Florida Department, and will be returned to the local Statutes,Chapter 9.1-5,F.A.C.and the appropriate government except for plan amendments to strategic regional policy plan; changes needed to implement recommendations in the evaluation and update the comprehensive plan, elements, or appraisal report. In order to secure review portions thereof; reformulated or additional goals, . :..•..s.:..s.:.:•:...s.;.?,.s., thereafter,the local government may resubmit the objectives, amendments in accordance with the requirements policies, maps, schedules, and eq procedures; and through adoption of report-based of Sections 163.3184, 163.3187, and 163.3189, plan amendments, update the local government's Florida Statutes, following a determination that comprehensive plan to address the issues raised in the local government's evaluation and appraisal the report;and otherwise address the requirements report or addendum is sufficient. specified Section 163.3191, Florida Statutes, and (5) ADOPTION OF EVALUATION AND this Rule Chapter. The report shall contain APPRAISAL REPORT AMENDMENTS. appropriate statements, including data, analysis (a) Except when a local governing body submits and conclusions, using words, maps, illustrations, its amendment simultaneously with its evaluation schedules, or other graphic formats that address and appraisal report,within one year of adoption of the following: an evaluation and appraisal report,and within one 1. Condition of Each Element at the Time of year of adoption of an addendum to the earlier Adoption report, the local government shall amend its a. Summaries of data and analysis from each comprehensive plan based upon the element of the existing adopted plan. recommendations contained therein unless a 2. Condition of Each Element at the Date of six-month extension is granted by the department. Report (b) All evaluation and appraisal report based a. Summaries of each element describing plan amendments, including amendments adopted current conditions; pursuant to an addendum, shall be adopted in b. A summary of all land use text and map accordance with the procedures contained in amendments and all other major text amendments Sections 163.3184, 163.3187, and 163.3189, made to the plan; Florida Statutes,and shall be subject to compliance (R. 4/94) 9J-5.0055 DEPARTMENT OF COMMUNITY AFI S V. 4, p. 982 c. A new existing land use map and table of d. Changes to Chapter 163, Part II, Florida existing land uses for current conditions as of the Statutes. date of the report; 7. Identification of any Needed Actions to d. A new existing traffic circulation map;and Address the Planning Issues Raised in the Report e. A summary of the condition and quality of all a. New,revised,minimum 5-year and minimum natural resources. 10-year timeframes and population projections; ,,,,,f: 3. Comparison of the Plan's Adopted Objectives b. New and revised goals, objectives and • with Actual Results policies; a. Comparison of the objectives, including c. Revised future conditions maps; • specific and measurable targets,- to the actual d. New capital improvements element; results and conditions. Determine whether the e. Other actions, such as monitoring and objective was achieved. evaluation procedures;and 4. Major Problems of Development, Physical f. Studies to be completed. Deterioration,Location of Land uses and the Social 8. Identification of Proposed or Anticipated and Economic Effects of the Major Problems Plan Amendments to Address or Implement the Identified Identified Changes a. The accuracy and use of the population a. Identify proposed or anticipated plan projections; amendments;and b. Actual vs.anticipated rate of development; b. Provide a schedule for transmittal and c. The effect of concurrency requirements; adoption of the plan amendments identified in the d. The maintenance and/or achievement of previous section. adequate Level of Service Standards; 9. The Public Participation Process e. Coordinating with development the provision a. Describe the public participation process used of public facilities and services; in the preparation of the report. f. The actual vs. projected revenues and Specific Authority 110.535, 163.3177(9), 163.3187(5), expenditures regarding capital improvements; 163.3191(8), 163.3191(10) FS. Law implemented g. The generation and status of new revenue 163.3187(5),163.3191 FS.History—New 3-23-94. sources; 9J-5.0055 Concurrency Management System. h. Physical deterioration of public buildings, The purpose of the concurrency management utilities, infrastructure, recreation facilities, and system is to establish an ongoing mechanism which parks, and the need for replacement or ensures that public facilities and services needed to rehabilitation; support development are available concurrent with i. Physical deterioration of buildings and the impacts of such development. structures in the commercial, and industrial land (I) GENERAL REQUIREMENTS. Each use categories; local government shall adopt,as a component of the j. Physical deterioration of the housing stock, comprehensive plan, objectives, policies and including mobile homes; standards for the establishment of a concurrency k. The location of development with regard to management system. The concurrency existing infrastructure; management system will ensure that issuance of a 1. The location of development in relation to development order or development permit is where development was anticipated in the adopted conditioned upon the availability of public facilities plan, such as within areas designated for urban and services necessary to serve new development, growth; consistent with the provisions of Chapter 163,Part m. The location of development in relation to its II, Florida Statutes, and this Rule. The compatibility with safety and evacuation in coastal concurrency management system shall include: high hazard areas; (a) A requirement that the local government n. The location of development in relation to the shall maintain the adopted level of service maintenance of environmentally sensitive areas; standards for roads, sanitary sewer, solid waste, and drainage, potable water, parks and recreation,and o. The social and economic effects of the major mass transit,if applicable. problems previously identified by providing a (b) A requirement that the local government description of the effects. Capital Improvements Element, as provided by 5. Unanticipated and Unforeseen Problems and Section 9J-5.016 of this Chapter, shall set forth a Opportunities Which Occurred Since Adoption. financially feasible plan which demonstrates that a. Provide a description of the unforeseen the adopted level of service standards will be problems and/or opportunities and their impact on achieved and maintained. the comprehensive plan. (c) A system for monitoring and ensuring 6. Effect on the Local Comprehensive Plan adherence to the adopted level of service standards, The report shall assess the consistency of the the schedule of capital improvements, and the comprehensive plan with: availability of public facility capacity. a. Changes to State Comprehensive Plan since (d) Guidelines for interpreting and applying 1985; level of service standards to applications for b. Changes to appropriate strategic regional development orders and development permits and policy plan; determining when the test for concurrency must be c. Changes to Rule 91-5, F.A.C.;and met.The latest point in the application process for Ev. iation and Appraisal Repor.. (EAR) EPTAB (Growth Management Plan Subcommittee) Work Schedule 10-1-94 GROUP 1 (NRPAs AND HABITAT STANDARDS) CCME: 1. 3, 6. 1, 6.2, 6. 3 , 6.4, 6. 5, 6. 6, 6.7 6. 8 Summary Sheets prepared October 1, 1994 SubCommittee Review November 30, 1994 Report to EPTAB December 12, 1994 Group 2 (LISTED SPECIES, COASTAL MGT, ARCHEOLOGICAL) CCME 7.1, 7. 2, 7. 3 , 11. 1, 11.2, 11. 3 , 11.4, 11.5, 11.6, 12 . 1 Summary Sheets prepared November 1, 1994 SubCommittee Review December 30, 1994 Report to EPTAB January 9, 1995 Group 3 (GROUND/SURFACE WATER) CCME: 2 .2, 2 . 3, 2 .4, 2 .5, 3 . 1, 3 .2 , 3 . 3 , 3 .4 NAGWRA: 1. 1, 1. 2, 1. 3, 1. 4, 1. 5, 2 . 1 Summary Sheets prepared December 1, 1994 SubCommittee Review January 30, 1995 Report to EPTAB February 13, 1995 Group 4 (AIR QUALITY, MINERALS, HAZMATS) CCME: 5. 1, 5.2, 5. 3, 5.4, 8. 1, 9. 1, 9.2, 9 .3 , 9.4 , 9 .5 Summary Sheets prepared January 1, 1995 Subcommittee Review February 28, 1995 Report to EPTAB March 13, 1995 Group 5 (SOLID WASTE) SW 1. 1, 1. 2 , 1. 3 , 1.4, 2 .1, 2 .2 Summary Sheets prepared February 1, 1995 SubCommittee Review March 31, 1995 Report to EPTAB April 10, 1995 o /y / Group 6 (DRAINAGE) D 1. 1, 1.2 , 1. 3 , 1. 4, 1. 5 Summary Sheets prepared March 1, 1995 SubCommittee Review April 30, 1995 Report to EPTAB May 8, 1995 Group 7 (HURRICANE) CCME: 13 . 1, 13 .2, 13 . 3 , 13 .4 Summary Sheets prepared April 1, 1995 SubCommittee Review May 31, 1995 Report to EPTAB June 12 , 1995 Group 8 (WATER/SEWER) CCME: 4 . 1, 4 . 2 PW: 1. 1, 1. 2, 1. 3 , 1.4 , 1. 5 SEW: 1. 1, 1. 2, 1. 3 , 1. 4, 1. 5 Summary Sheets prepared May 1, 1995 SubCommittee Review June 30, 1995 Report to EPTAB July 10, 1995 Group 9 (ADMINISTRATION/LOS STANDARDS) CCME: 1. 1, 1. 2 , 10. 1, 14 . 1 Summary Sheets prepared June 1, 1995 SubCommittee Review July 30, 1995 Report to EPTAB August 14, 1995 PRESS RELEASE Collier County Government Center ATTENTION: LOCAL MEDIA Public Affairs Office 774-8464 Contact: William Lorenz , Administrator Environmental Services Administration 732-2500 PRESS RELEASE The Steering Committee of the Environmental Policy Technical Advisory Board will be meeting on Wednesday, October 19, 1994 at 11: 00 a.m. in Room B on the 3rd Floor of the Health and Public Services Building H at the Collier County Government Center. The Natural Resources Protection Area Subcommittee of the Environmental Policy Technical Advisory Board will be meeting on Monday, October 24, 1994 at 4 : 00 p.m. , in Room B on the 3rd Floor of the Health and Public Services Building H at the Collier County Government Center. PRESS RELEASE The Growth Management Planning Subcommittee of the Environmental Policy Technical Advisory Board will be meeting on Monday, October 24 , 1994 at 4 : 00 p.m. , in Room 216 on the 2nd floor of the Health and Public Services Building H at the Collier County Government Center. ----- ENDA ITEM TRANSMITTAL ' 161 6 ) Date Submitted JA� Requested Agenda Date: 9/20/q1 APPROPRIATE HEADING (CIRCLE ONE): (5) Proclamations & Presentations, (6) Clerk, (71 �,.,' ' !".A,) Community Development, (8B) Transportation, (8C) Public Services, (8D) Utilities, (8E) Admin. Services, ( . services, (8G) Environmental Services, (8H) County Manager, (9) Attorney, (10) BCC, (11) Other Constitutional ;'',hiic Hearings, (13A) BZA Public Hearings,(13B) Conditional Use,(14) BCC Communications,(15) Staff Comrnun- Consent Agenda Requested By Pat Cookson vo Date Reviewed By Division Head w.D. T -rpn7 Lam, Date -)it fr4. Manager - 'e Item Title APPROVAL OF A RESOLUTION ESTABLISHING TERMS OF OFFICE FOR MEMBERS APPOINTED TO THE ENVIRONMENTAL POLICY 'TECHNICAL ADVISORY BOARD List of Documents Attached 1. Executive Summary(required) 3. _ 2. lPsn1 nt i nn _ 4. 1/87-S13 5. EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION ESTABLISHING TERMS OF OFFICE FOR MEMBERS APPOINTED TO THE ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD OBJECTIVE: To obtain Board approval of a Resolution establishing terms of office for members appointed to the Environmental Policy Technical Advisory Board (EPTAB) CONSIDERATIONS: The 11 member EPTAB was established on March 12, 1991, by Ordinance 91-26 to advise and assist the County in the development and implementation of the County's Environmental Resources Management Program. On June 28, 1994, the Board of County Commissioners appointed Jack Baxter, Charles F. Ray and Gary K. Wilson to EPTAB in accordance with the provisions set forth in Ordinance 91-26, as amended. On August 8, 1994 EPTAB selected the terms for the newly appointed members: Gary Wilson, September 1995 Chuck Ray, September 1996 A Jack Baxter, September 1997 FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Staff recommends the Board approve the Resolution establishing the terms of office for the new EPTAB members. /A Prepared by: / I ! 0 / 40' ' Date: /q / /' Pat Cookson, Administrative Secretary Environmental Services Division 1 I Reviewed by: c�� , ,, �; , ,�_ Date: 4)-2-4lliam D. L rend/Jr. , P.E. , Administrator Environmental Services Division :pc RESOLUTION NO. 94- A RESOLUTION ESTABLISHING TERMS OF OFFICE FOR MEMBERS APPOINTED TO THE ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD. WHEREAS, on June 28, 1994, the Collier County Board of County Commissioners appointed Jack Baxter, Charles F. Ray and Gary K. Wilson to the Collier County Environmental Policy Technical Advisory Board in accordance with the provisions set forth in Ordinance No. 91-26, as amended; and WHEREAS, the Environmental Policy Technical Advisory Board has made a recommendation for the terms of office for these members and has submitted their recommendation for approval of terms to the Board of County Commissioners. NOW, THEREFORE, BE IT RESOLVED • BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the terms of office are established as follows: 1. Jack Baxter is appointed for a three year term to expire on September 30, 1997. A 2. Charles F. Ray is appointed for a two year term to expire on September 30, 1996. 3. Gary K. Wilson is appointed for a one year term to expire on September 30, 1995. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: TIMOTHY J. CONSTANTINE, CHAIRMAN Approved as to form and legal sufficiency: Kenneth B. Cu r County Attor ey ADV.RD./kn/6054 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF SEPTEMBER 12 , 1994 PRESENT: Gary Beardsley Nancy Payton David Addison Robert Duane Dorothea Zysko Derek Hodgin Steve Means Gary Wilson Notified Chuck Ray Absences: Jack Baxter Staff: Richard Hartwell Marjorie Student Bill Lorenz Kimberly Polen Public: Brad Cornell Virginia Corkran Emma Ross I. Meeting called to order at 4 : 15 p.m. II. Roll was called by Dorothea Zysko. Dorothea announced that Derek Hodgin was reappointed to EPTAB and that Thomas Ceranna and Michael Taranto were appointed to EPTAB by the BCC. III. Gary Beardsley recommended that Item C (August 9, 1994) minutes) includes Collier County Land Development Code along with GMP. The minutes of July 11, 1994 were approved. IV. ANNOUNCEMENTS Nancy Payton stated that a workshop on Land Clearing and Filling would be held at Development Services on Horseshoe Drive, Conference Room C, at 4 : 00 p.m. October 5, 1994 . V. OLD BUSINESS a. Standing Committee Reports 1. Steering Committee Steve Means reported that they are waiting for reports from other standing committee meetings. Steve said that he was elected Chairperson for the Steering Committee. The next Steering Committee meeting will be at 10: 30 a.m. , Conference Room C, September 22, 1994 . 2 . Natural Resources Protection Area Derek Hodgin stated that he was elected Chairperson of the NRPA Standing Committee. He said that members are now reviewing the Clam Bay NRPA Technical Report and will report back to EPTAB after the review. Next NRPA Committee meeting will be at 4 : 00 p.m. , Conference Room B, September 26, 1994 . 3 . Natural Resources Protection Area: Robert Duane gave a report on items that were discussed at last meeting. A copy of the Growth Management Plan Evaluation and Appraisal Report (EAR) was distributed and discussed at length. Bill Lorenz reported that the GMP Committee will review different series of objectives and policies each month and report back to the full EPTAB membership. Next GMP Committee meeting to be held at 4 : 00 p.m. , Conference room B on September 19, 1994 . b. Invited Guests: Dorothea has not heard from Valerie Boyd, but will follow up on her request to have someone from Big Cypress Basin Board attend EPTAB meetings. Gary Beardsley suggested that EPTAB try and contact Gary Slayton before he leaves for his new position. Gary also mentioned that Mike Slayton could inform EPTAB on the lower West Coast Plan which is being formalized now. c. Listed Species Management Plan Update: Kimberly Polen gave a report on how she was gathering information on listed species from the U. S. Fish & Wildlife Services as well as the Florida Game & Fresh Water Fish Commission. Kimberly passed out a format as an example of her report on listed species. d. Viable Native Habitat Update: Bill Lorenz gave a brief report on this subject. e. Environmental Department Work Plan: Bill Lorenz reports that the Steering Committee was still working on this plan. VI. NEW BUSINESS a. BCC Strategic Planning Meeting Report: Bill Lorenz gave a summary on the problems discussed at the Strategic Planning Meeting. Briefly, they are: (1) Complete Clam Bay NRPA by January, 1995. Begin work on new NRPAs. (2) Air and Water Quality: EAR process will identify more comprehensive programs. Staff will investigate a monitoring program over and above what the State is doing. (3) Complete 5-year Water Quality Plan. (4) Goal for FY 95/96 to complete NRPAs. (5) Neil Dorrill to set up workshop with District to brief Board on water quality problems. Nancy Payton stated that she found the Strategic Planning Meeting very frustrating. She felt that staff did not inform the BCC properly about air quality or the NRPA program. At this point, a lengthy discussion about EPTAB's role with the BCC was debated by several members of EPTAB. It was agreed that EPTAB should act in its own behalf, instead of staff, when addressing concerns to the BCC. b. Sunshine Law Review: Attorney Marjorie Student gave a brief review, but will wait until the new members are seated at the next EPTAB meeting. c. EPTAB Procedural Matters: Dorothea gave a brief report on this subject. This will be presented in more detail at the next EPTAB meeting. d. Wiggins Pass OFW Update: Derek Hodgin outlined information he had gathered on this subject. He explained the dredging procedures involved in OFW areas. e. Wiggins Pass Inlet Management Plan: Derek Hodgin gave a brief account on the difference between natural pass movement versus a pass that has been stabilized by dredging activities. VII: Meeting adjourned at 6: 15 p.m. DH: jl\7043 AUG 24 '94 14:1 P S.P. I.-s. 583 P02 haw -1,ne cued Q„G►.tars g4Sicct raiaJd . FIVE CONCERNS 'j ) y S, i- itc. VA.ahtvtg A. Ground Water Resources 1. Aquifer recharge vs. surface water drainage. • 2. Demand management (conservation, cost, alternative sources). 3. Aquifer protection from contamination. 4. Allocation of the resource - urban/agriculture. B. Surface Water Quality 1. Chemical and nutrient discharge. 2. Appropriate 5resh water discharge in our bays-restoration of sheetflow. 3. Stomlwater retention/detention for quality improvement and recharge. C. Clean Air, Indoors and outdoors D. Ecological 1. Assessment of working ecosystems and identification of essential functions for sustainability. 2. Preserve and protect those essential functions 3. Restore, recreate or create more functioning ecosystems a. Aquifer Water Recharge • b. Soil (muck) protection • c. Wildlife & species habitat protection d. Reforestation (i.e. abandoned agricultural land) E. Create development standards that 1. Blend the protection of our water resources such as aquifer recharge areas, detention and retention facilities with the protection of sustainable functioning ecosystems. • 2. Mow development of residential, commercial and light Industrial zones that enhance or at least do not detract from our environment 3. Maintain a 'Quality of Life Standard' acceptable to man, native flora • and fauna. • 4. establish public-private partnerships to share the burdens and benefits of protection of high quality ecosystems. How we accomplish this is through strategic planning. The difficulty is not in identifying the problem areas but in deciding the measuring units to be applied. We must have the right mix of regulations and incentives that produces the balance that is necessary to perpetuate the healthy environment and climate of Southwest • Florida. $ir`l9- kiffigiA5 1 I-/a - S L. P TA 7/14_,,C47 .,:er -7-0, .-C-Pee-e-i--' Kit4 6 eRcy Roce:),,, c C kip > d4ty L2 , y t/" 1 f/ : //,, �� (---/0-8 ` `~' E P 1'48 or . 4---./ ), !, i , '.- t# 1.4/.1" & OS/L-1.- G-v- - i�t ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: SEPTEMBER 12 , 1994 PLACE: COLLIER COUNTY GOVERNMENT COMPLEX, BUILDING H, 2ND FLOOR CONFERENCE ROOM 216 TIME: 4 : 00 P.M. I. CALL MEETING TO ORDER II. INTRODUCE NEW/REAPPOINTED MEMBERS III . ROLL CALL IV. APPROVAL OF MEETING MINUTES - AUGUST 18 , 1994 V. ANNOUNCEMENTS VI. OLD BUSINESS a. Standing Committee Reports 1. Steering Committee - Steve Means 2 . Natural Resource Protection Area - Derek Hodgin 3 . Growth Management Committee - Robert Duane b. Invited Guests - Letter to Valerie Boyd c. Listed Species Management Plans Update - Kimberly Polen d. Viable Native Habitat Update - Bill Lorenz e. Environmental Department Work Plan - Bill Lorenz VII. NEW BUSINESS a. BCC Strategic Planning Meeting Report - Bill Lorenz b. EPTAB Procedural Matters c. Sunshine Law Review - Attorney Marjorie Student d. Wiggins Pass OFW Update - Derek Hodgin e. Wiggins Pass Inlet Management Plan - Derek Hodgin VIII. Public Comments IX. ADJOURNMENT jl\6794 SUBJECT TO BOARD APPROVAL MINUTES OF A REGULAR MEETING OF THE BIG CYPRESS BASIN BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT CITY COUNCIL CHAMBERS NAPLES, FLORIDA 9:00 A.M. • JULY 8, 1994 ENVIRONMENTAL SERVICES ROUTING The following Board members were present: DATE: Q . ACTION: Valerie Boyd Chairman A. Glenn Simpson Vice Chairman ; i. Clifford Barksdale Secretary INFO: Carey Garland Member Claudia Davenport Member "------ Ellin Goetz Member FILE The following staff members were present: Michael Slayton Basin Administrator Ananta Nath Senior Civil Engineer Steve Ladd Assistant Regional O&M Director Joyce Amaral Basin Secretary Gail Boline Civil Engineer Tim Howard Engineering Technician Scott Glazier Basin Counsel Sharon Trost Director, Planning Department Alex Perez Acting Director, Project Management Division Alex Garcia Staff Civil Engineer, Project Management Division Zan Kugler Director, Engineering Division, Construction Management Dept. John Adams Director, Field Operations, Operations & Maintenance Kurt Harclerode Office of Government and Public Affairs The following visitors were present: Francis J. Blanchard 380 Seaview Court, Marco Island John Boldt Director, Stormwater Management Department, Collier County Virginia B. Corkran League of Women Voters Dorothy Fitch League of Women Voters Lloyd-Horvath Virogroup - Southern States Utilities Al Perkins Belle Meade Group Jim McTague 4530 Tamiami Trail North, Naples Ralph Terrero Southern States Utilities Catherine Walker Southern States Utilities Stephen A. Walker Southern States Utilities BIG CYPRESS BASIN BOARD MINUTES July 8, 1994 Page 2 CALL TO ORDER The Big Cypress Basin Board meeting was called to order at 9:00 a.m. by Chairman Boyd followed by the invocation and Pledge of Allegiance to the Flag of the United States of America. 1. APPROVAL OF MINUTES Mr. Barksdale requested the May 20, 1994 minutes be corrected to reflect that he voted for the motion made by Ms. Davenport to not spend money on the Master Plan and Siting Study for the Big Cypress Basin Administrative Office and Field Station. On motion by Mr. Barksdale, seconded by Mr. Simpson, the Board approved the minutes with the requested correction for the May 20, 1994 Board meeting. 2. STAFF REPORT Mr. Slayton introduced Mr. Steve Ladd, the new Assistant Regional Operations and Maintenance Director for Big Cypress Basin. Chairman Boyd welcomed him. (A) ADDITIONS, DELETIONS, SUBSTITUTIONS TO AGENDA There were no additions, deletions, or substitutions to the Agenda. (B) APPROVAL OF AGENDA On motion by Mr. Simpson, seconded by Mr. Barksdale, the Board approved the Agenda for July 8, 1994. (C) ABSTENTIONS There were no abstentions. (D) APPROVAL OF DISBURSEMENTS On motion by Mr. Barksdale, seconded by Mr. Garland, the Board approved disbursements for May 1994. BIG CYPRESS BASIN BOARD MINUTES July 8, 1994 Page 3 (E) CONTRACT ACCOUNT REPORT Mr. Slayton said construction of Cocohatchee Structure No. 1 has been completed and was accepted effective July 5. The gates are closed and the water level is at the designed elevation of 5.5 feet upstream. Mr. Slayton said it is very impressive to see the additional water stored in the canal, especially after 13 years of reports and recommendations to construct the structure. (F) FINANCIAL REPORTS Mr. Slayton said the interest earned to date for FY 1994 is $146,050.12. He said 67 percent of the year has passed and the Basin has committed 63.8 percent of FY 94 funds. (G) HYDROLOGIC REPORT Mr. Slayton said rainfall in the Basin is about seven percent below normal for June. Water levels are starting to rebound. Most of the water control structures do not have water flowing over the top at this point. (H) STAFF ACTIVITY REPORT Chairman Boyd said Governor Chiles was in Naples in June and that Mr. Slayton represented the Basin Board very well by giving Governor Chiles a very good overview of the Board's water concerns and opportunities for the linkages in the whole ecosystem within the Basin. Mr. Al Perkins said he wanted to reiterate the fact that the Belle Meade is critical to the State of Florida but more so to the people of Collier County. He said the Belle Meade contains two evacuation routes and possibly a third to evacuate people from Goodland, Marco Island, along U. S. 41, Lely and Edison Community College. Mr. Perkins said he represents the Belle Meade Group which consists of 3,000 plus people and they want all of the State agencies to get out of the Belle Meade area and put in the evacuation routes. 3. BIG CYPRESS BASIN MISSION STATEMENT Mr. Slayton presented the revised Big Cypress Basin Mission Statement which is a result of Board discussion over the past several months. BIG CYPRESS BASIN BOARD MINUTES July 8, 1994 Page 4 Mr. Garland asked what the Mission Statement does for the Board. He noted some of the words were the same as in the present statement. Mr. Slayton replied that some of the words were the same but the revised version more accurately reflects the variety of issues that the Board is involved. He said the Basin has taken a more active role in public education, awareness and information through working with civic groups. Mr. Slayton said for the past several years the Basin has been developing public/private partnerships and he thinks future public/private partnerships need to be considered very closely on a case by case basis. The Basin needs to look at the different alternatives that are available and best perpetuate the Board's goals and directions and make sure that the Board's participation and action within public/private partnerships are consistent with the Board's legislative authority and responsibilities; and also make sure there are no constitutional conflicts with ad valorem taxes being used. Mr. Slayton said for the past decade the Basin has been taking on more capital works programs to retrofit the canal system within Collier County. This involves acquiring land for the rights of way for the canals and structures, any additional storage needs in the area, and funding the construction of the actual facility. On motion by Mr. Simpson, seconded by Ms. Goetz, the Board unanimously approved the revised Big Cypress Basin Mission Statement. 4. CONSTRUCTION ALTERNATIVES FOR CYPRESS 4A-1 STRUCTURE Mr. Slayton said the original analysis recommended remedial work on the Cypress 4A-1 and Golden Gate No. 5 weirs which would require dewatering. Since that time the Engineering Division reanalyzed the situation at Cypress 4A-1 and believe the weir crest can be raised without dewatering. The analysis is not complete on Golden Gate No. 5. Ms. Davenport asked if the construction of Golden Gate Structure No. 5 is delayed, would it be feasible to install the stem guide cover and headwater staff gauge that is recommended. Mr. Slayton and Mr. Kugler agreed that the Basin's operations staff could install the cover and gauge. Mr. Slayton recommended dropping Golden Gate No. 5 until more analysis can be completed and proceed in redesigning the Cypress 4A-1 structure with a design for construction that does not require dewatering. On motion by Ms. Davenport, seconded by Mr. Simpson,the Board authorized the design process on Cypress 4A-1 structure. BIG CYPRESS BASIN BOARD MINUTES July 8, 1994 Page 5 5. DISCUSSION OF BASIN OFFICE LOCATION AND DESIGN Mr. Slayton said the Board held a workshop on the Basin facilities location and it was determined to stay at the present location and negotiate to purchase the lot located immediately south of the present location. Mr. Slayton provided the Board with two schematic drawings of an office layout. The office is to be designed as a stilt building and would be hardened so that staff could man the facility during a major storm event. Chairman Boyd thanked Ms. Davenport for her analysis of different locations if it was determined to move the field station and office facilities as opposed to staying at the present location. 6. DISCUSSION OF WESTERN COLLIER WATERSHED STUDY Mr. Slayton said the question had been posed to him as to whether or not the Basin could internalize a significant portion of the work effort on the Western Collier Watershed Plan and keep the knowledge base gained during this major planning effort over the next few years. He said $400,000 was the estimated cost for a two-year contract to do the work. The Basin has two engineers and one engineering technician and Mr. Slayton feels one additional person is the minimum that would be needed to internalize the effort. He said Ms. Sharon Trost, Director, Planning Department, recommended this person have a strong Geographic Information System background. Mr. Slayton suggested an ecological modeling analysis be done in FY 96 or 97. Ms. Virginia Corkran, representing the League of Women Voters, raised the question as to how the Basin Board sees this work coordinating with the requirements of Collier County's growth management and the work of the Environmental Protection Technical Advisory Board (EPTAB). She said there is overlapping here and coordination is needed. Chairman Boyd asked Mr. Slayton to research what EPTAB and other groups are doing in the area of ecological study so as not to duplicate. Mr. Slayton said he would bring to the August Board Meeting the line item impacts on the FY 95 budget. BIG CYPRESS BASIN BOARD MINUTES July 8, 1994 Page 6 7. DISCUSSION OF COCOHATCHEE CANAL STRUCTURES NO. 2 AND 3 Mr. Slayton provided a series of cost alternatives for the Cocohatchee canal Phase II and Phase III improvements. Alternative A looks at the construction of Cocohatchee No. 2 as Phase II improvements and a stand alone project at an estimated cost of $1,110,000. Alternative B constructs Cocohatchee No. 3 as Phase III improvements in sequence after completion of Cocohatchee No. 2 at an estimated cost of $1,406,000. Alternative C looks at construction of Cocohatchee No. 3 as Phase III improvements stand alone project for an estimated cost of $1,916,000. Mr. Barksdale asked how much money had been expended on Cocohatchee Structure No. 2. Mr. Slayton replied that approximately $40,000 or $50,000 had been expended for survey and design work. On motion by Mr. Barksdale, seconded by Ms. Davenport, the Board authorized staff to proceed with Alternative A: construction of Cocohatchee Weir No. 2, channel dredging and replacement of Palm River Boulevard and Lakeland Avenue bridges. Mr. Garland asked what analysis could be done to determine whether the construction of Cocohatchee Weir No. 1 was a worthwhile project. Mr. Slayton replied that the best analysis would be to continue to monitor groundwater levels at Well C-1004 at Palm River Boulevard as we go into next year's dry season. Mr. Garland said the dollars spent need to be tied back to what the benefit is to the public. 8. BUDGET DISCUSSION AND ADOPTION OF PRELIMINARY MILLAGE AND BUDGET FOR FY 95 Mr. Slayton discussed some modifications to the budget which resulted in a proposed preliminary millage of 0.182 mill with a proposed FY 95 budget of $5,727,028. Mr. Barksdale asked why an additional $10,000 is needed on the D2-8 backpump project. Mr. Slayton replied $40,000 was budgeted for the project and the District design engineer estimated $70,000. After reviewing the cost estimate, it was felt that all the recommended specifications were not needed but that $10,000 contingency funding was needed. Mr. Barksdale asked Mr. Slayton to provide the Board at its next meeting with a projection of the FY 96 budget to see how it compares with the Basin's Five Year Plan. BIG CYPRESS BASIN BOARD MINUTES July 8, 1994 Page 7 Chairman Boyd asked what type of reserve is in the budget for disaster recovery. Mr. Slayton replied that $46,000 is in the contingency fund but if there was a major disaster, the Board would have the option of accessing funds in the capital reserve through a formal budget amendment process. Mr. Garland asked Mr. Slayton to explain the line item Water Supply Implementation $290,000. Mr. Slayton said that was the $300,000 set up for the Aquifer.Storage and Recovery (ASR) agreement; $12,000 went to the test well; then $2,000 was added to make $290,000 for consideration for other water supply alternatives. Mr. Garland also asked for explanations of the line items CCNA $100,000 and the reserve accounts. Mr. Slayton replied the CCNA is for the watershed study. The Capital Management Reserve is a designated reserve fund for the ultimate replacement of the Golden Gate Weir No. 1. Contingency Reserve is a contingency fund. The Economic Stabilization Reserve is a part of the general accounting principles that were adopted by the District where a certain percentage of the previous year's revenue income is established as a reserve account. The Compensated Absences is State required and is a reserve that covers the outstanding obligation for accrued and payable sick and or annual leave for the employees. Mr. Steve Walker,representing Southern State Utilities(SSU)said he wanted to cover two points of confusion that has arisen: first, SSU is not entitled to earn a profit from any cost sharing funds from a cooperative agreement with the Basin Board. He added that by Florida Statute the funds cannot be included in a rate base to earn a rate of return. The second issue is that SSU needs additional long term water supplies. Mr. Garland questioned that the half of the funds that SSU would put in with a cost sharing agreement would get a better rate of return. Mr. Walker said he was not the right person to respond to this but he would get the right answer for him. Mr. John Losch, Special Projects Engineer, SSU, gave a background on SSU. He said they were secure that there is no emergency situation considering existing water sources since the Collier Pits are secure in SSU control but they are still concerned about long range and long term water sources for Marco Island. He said they believe Marco Island exhibits an ideal situation for an ASR project. Mr. Lloyd Horvath gave a presentation on ASR technology and highlighted why the technology is appropriate for Marco Island Utilities. BIG CYPRESS BASIN BOARD MINUTES July 8, 1994 Page 8 Chairman Boyd said she understood SSU would like the Basin Board to cost share with them in an ASR project. She said the Board's Mission Statement gives them the ability to cost share with private and public entities, and that is the first step but there would have to be a lot more Board discussion before any specific determination was made. Mr. Barksdale requested a written legal opinion that the Basin Board has the authority to enter into a cooperative agreement with SSU. Mr. Glazier said he would provide the Board with a general opinion as to what the law is in the area. He added that when the Board decides what action they want to take, then they need to take the specifics of that transaction and make sure it fits in the legal constraints and not rely on one generic opinion for any type of cost sharing. Ms. Davenport asked Mr. Horvath if he had a recommendation as to which of the three alternatives that the Basin's money would be going toward. He replied that he liked two of the alternatives, one being the recharge one and the other being the storage of large amounts of water at the site of the water source. Ms. Davenport said she would not want to be in the position of having to both decide whether or not to support this project with tax money and make a decision of which alternative is going to be used. Chairman Boyd said no decisions have to be made today because it is only a briefing. She said it would be useful to place on an upcoming agenda a discussion of the status of ASR with the City of Naples and Collier County Utilities, what the opportunities would be with SSU, and if there are any other public utilities that would be interested. Mr. Simpson advised Mr. Walker he did not want to go forward in a way that would allow any private utility to benefit or profit from taxpayer's dollars that the Board would invest on the taxpayer's behalf. He said everyone would be going through a painful learning curve as the Board decides whether this is a project they want to support or not. Mr. Simpson said he wanted to make clear for the public and the record that it is his intent that the taxpayers truly benefit from the tax monies that they pay to protect their water supply and their water source. He said the Board needs to be very aware that they are not going to spend those dollars in a way that would allow SSU or their investors to truly profit from those dollars. Mr. Walker said SSU is very sensitive to that issue and it is up to them to provide the Board with the information that sufficiently demonstrates that and make the commitment to the Board that will satisfy them. He said it is not their intent to put the District or Basin Board in any kind of awkward position from a legal perspective but they think these are innovative technologies that would benefit all the citizens of Collier County. SSU thinks they are an appropriate subject for cost sharing and are committed to working with the Board to try to make it work. BIG CYPRESS BASIN BOARD MINUTES July 8, 1994 Page 9 On motion by Mr. Simpson, seconded by Mr. Garland, the Board unanimously adopted the FY 95 tentative budget in the amount of$5,727,028 and preliminary millage of 0.182 mill. ADJOURNMENT Upon motion duly adopted by the Board, the meeting was adjourned at 11:30 a.m. (Corporate Seal) VALERIE BOYD, CHAIRMAN CLIFFORD B. BARKSDALE, SECRETARY COLLIER.COUNTY GU`ER.NN ENT DIVISION OF ENVIRONMENTAL SERVICES 8301 E.TAMJA.MI TR., NATURAL RESOURCES DEPARTMENT NAPLES,FL 33962 August 25, 1994 (813)732-230 5 FAX(813)774-9222 Valerie Boyd A c rrx =aura cx1P COMMUNITY Chairman South Florida Water Management District 3301 Gun Club Road West Palm Beach, FL 33416-4680 • Dear Valerie: The Collier County Environmental Policy Technical Advisory Board (EPTAB) is in the process of developing an annual work plan for the coming year. Because the water resources of Collier County are of primary importance to several elements of the EPTAB work plan, we believe that coordination with the South Florida Water Management District, and particularly with the Big Cypress Basin Board, would be valuable. At our last meeting, it was unanimously agreed that we would both benefit from and enjoy having a representative of the Basin Board attend an upcoming EPTAB meeting. Therefore, it is my pleasure to extend an invitation to you to attend the October or November meeting, whichever best fits your schedule. EPTAB meetings are held on the second Monday of the month (October 10/November 14) at 4:00 p.m. We hope your schedule will allow your attendance. Please feel free to call me at your convenience at (813) 649-4040 to discuss our invitation and possible items for discussion. Cordially, / 0,9<-011-44 - Dorothea P. Zysko Chairman, Collier County Environmental Policy Technical Advisory Board cc: EPTAB members Board of County Commissioners . U. (/ 7/ --i- . - . .. ' • . . . . ---•• rAXEral 0, ,,h - , . b eilA0..,,,,. m .....„...... .. .,.. ,....,. ...., ., ,, ..., t _:,„..,,, ,... .:.._.. ..,..„ : , , . . 4 it...,--....'• . '.',, -, 7,:4 let . ._ .- .. -- t-....44tpikkoilvgAtizz.rusouilak, 19 -., u.,,,tri --.. 4.........,..„,,,J.-,..-,-.1 .. . 2,. :,:_---..--------;-•,, ' - • .,• -,:. -OPORPROWTS ' ' ' z 3 - 17-4.344•;43.00t.'' thitpdee 'arid Itttetit • • '- • ,,,' Frp**4 -, •::.. 4 17-344. 200 Definitions fij ./': „1,1 - ti 3.7-7 - 3D0 proodureS fPr 4S4030.ttal and Review 6 17-344;400 tontart ,ofPetitioh- -' . • 17-344 . 500 Criteria for Review ;3 17-344 . 600 Operating agreements . • 7r41-141hAtf 17-344 . 700 Revocation •of Local Government Approval; ) eNA y r , 13 Reins-tat em en t ' 1' , /Apo a 11065 0 r 11 17-344 . 100 Purpose and Intent 12 (1) This. chapter governs delegations of, t„heregulatory 13 responsibil_itis .of the Department under Part' IV of Chapter 373, 14 F.S. , to counties, municipalities and local 'environMental 15 protection programs, in accordance with the prdvisions of 1. Section 373 .441, F.S. This chapter also governs delegations of 2 - the regulatory responsibilities of the water managematt • districts (Districts) under Part IV of Chapter 373 , F. S. , to 1...-; counties, municipa3ities and local environmentaL 'protection 20 programs, in accordance with the provisions of 'SsctionS 373 . 441 21 and 373 . 103 (9) , P.S. The respective regulatory 22 responsibilities of the Department and the Suwannee RiverSt. . „ 23 Johns River, gouthwest Florida and South Florida Water , 24 Management Districts are set forth in operating aqigements 25 listed in Chapter 17-113 . F.A.C. The delegatioM agreements Preliminary Workshop raft July 8, 1954 H , . 1 1 1 , , GLC7-Pd /ni&Z` O-ea2, F0/74,%ZG:W0/ZePi /,‘"%c ‘ 3301 East Tamiami Trail • Naples, Florida 33962-4977 John C. Norris (813) 774-8097 • Fax (813) 774-3602 District 1 Michael J. Volpe District 2 Timothy J. Constantine September 7, 1994 District 3 ENViH i NMEN�3�1 cITICES Fs77:7-1 I Burt L. Saunders DATE: 441V— District 4 Bettye J. Matthews ACTION: District 5 INFO: Mr. David S. Maehr - - � 566 Commercial Boulevard Naples, FL 33942FILE 6'7-"AgS I Subject: Environmental Policy Technical Advisory Board Dear Mr. Maehr: While convened in regular session on September 6, 1994, 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 endea : .s. Very tr y yours, Timothy J. Constantine, Chairman Co is_ioner, District 3 TJC: sf Enclosure cc: Bill Lorenz, Environmental Services Administrator o 44 44 ... 0 Qtt tt 44 a rn ' - _4 0 a m �■.e - E ol 1:1 1:4 co E o E 11 4, . iL , ,. .v,,, L, w ril 4 In 14 . $.. \\:,, t ...1 .:,-, A I I- "4—., 44..., -4.4 in Z 444 ii, Nk6t& , , __\. .. ` ,O 46 O H d a • imi 44..4 0 cm Cke Q N CO et V ,goa `do/WoG°GGe! Fazam, Kwociuii46z/ZepJ .41 .t`LtE,'P 3301 East Tamiami Trail • Naples, Florida 33962-4977 John C. Norris (813) 774-8097 • Fax (813) 774-3602 ' District 1 ouN�-� Michael J.Volpe District 2 Timothy J. Constantine September 7, 1994 District 3 i ENV liON E111'AL SERVICES F OUT Burt L. Saunders District 4 `DATE: Bettye J. Matthews ACTION: District 5 INFO: Mr. Gary L. Beardsley 2396 13th Street, North Naples, FL 33940 Subject: Environmental Policy Technical Advisory�Boar Dear Mr. Beardsley: While convened in regular session on September 6,1994, 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 ende ors. Very tr y yours, Timo by . Constantine, Chairman Comm' ss 'oner, District 3 TJC:sf Enclosure cc: Bill Lorenz, Environmental Services Administrator r▪ •► a 71 Ile o it .4 .i.,...e ..Itt 4m0 04 cilN 41e Q "--4, 414ft 0 4 X V a. : W v a In � w c\\:X � _ b' T1 •:,-7 * LY:2, =1.) 4, = cn .w..► a z 7;; H in 4.4 .40 1stas I •.4 1.0 -.iii. = El -. k .\ \ =1 ww -tn ,,. ;_ >_, 64 c.> 14 G111 A aM \ �tt z CV Me o W X _ ril me 024 Cri A Z KC '' w ieA) A Z 40 2 E ) tt) 44 w A RULES OF THE DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT CRITERIA FOR REVIEW OF LOCAL GOVERNMENT COMPREHEN- SIVE PLANS AND DETERMINATIONS OF COMPLIANCE (Current through September 1, 1994) CHAPTER 9J-5 91-5.001 Purpose strategic regional policy plan and the State Comprehensive 91-5.002 Administration Plan,and recognizes the major role that local government will 9J-5.003 Definitions play, in accordance with that mandate, in accomplishing the 91-5.004 Public Participation - goals and policies of the appropriate comprehensive regional 91-5.005 General Requirements policy plan and the State Comprehensive Plan. 91-5.0053 Evaluation and Appraisal Reports and (2) Rule 91-5.002 contains general guidelines for the ex- Evaluation and Appraisal Amendments ercise of the Department's authority under law to review corn- 91-5.0055 Concurrency Management System 28 prehensive plans and plan amendments for compliance. 91-5.0057 Transportation Concurrency Management (3) Rule 91-5.003 contains definitions of important terms Areas(Repealed) used in this chapter. 91-5.006 Future Land Use Element (4) Rule 91-5.004 91-5.007 Traffic Circulation Element generally prescribes the contents of the public participation procedures to be adopted and enforced by 91-5.008 Mass Transit Element each local government 91-5.009 Ports, Aviation, and Related Facilities (5) Rule 91-5.005 contains general format Element and other requirements requirementsegoals, 91-5.010 Housing Element applicable to the data,analyses,g�� objectives and policies in the elements of the plan, and the 91-5.011 Sanitary Sewer, Solid Waste,Drainage, procedural aspects of plan and plan amendment adoption. Potable Water and Natural Groundwater (6) Rule 91-5.0053 establishes the procedures for the Aquifer Recharge Element transmittal,submission and review of local government corn- 9J-5.012 Coastal Management Element prehensive plan evaluation and app reports and evalua- 91-5.013 Conservation Element tion and appraisal report based plan amendments, 9J-5.014 Recreation and Opdn-Space . (7) Rule 91-5.0055 establishes the minimum criteria to 91-5.015 Intergovernmental Coordination Element ensure the availability of public facilities and services concur- 9J-5.016 Capital Improvements Element rent with the impacts of development 91-5.018 Optional Elements (8) Rules 91-5.006 through 91-5.019 establish minimum 91-5.019 Transportation Element . criteria for comprehensive plan elements. The basic format 91-5.021 Consistency of Local Government Compre- of the criteria for each element requires the identification of hensive Plans With [Strategip]Regional available data,analyses of such data,and preparation of goals, Policy Plans and With the State Comprehen- objectives and policies supported by that data and analysis to sive Plan accomplish desired ends. The goals, objectives and policies of each element must be consistent with the future conditions maps, and the future conditions maps must reflect the goals, 9d-5.001 Purpose. objectives and policies of each element (1) This chapter establishes minimum criteria for the (9) Rule 91-5.021 establishes the requirement for corn- preparation,review,and determination of compliance of corn- prehensive plan consistency with the state comprehensive plan prehensive plans and plan amendments pursuant to the Local and the appropriate strategic regional policy plan. It is the Government Comprehensive Planning and Land Development intent of this chapter to ensure local government comprehen- Regulation Act, Chapter 163, Florida Statutes. This chapter sive plan consistency with the state comprehensive plan and establishes criteria implementing the legislative mandate that the appropriate strategic regional policy plan through the ap- local comprehensive plans be consistent with the appropriate plication and satisfaction of the minimum criteria in the re- RULE 9J-5 minder of this chapter. as well as the specific provisions of (g) Whether the local government is complying with the Rule 91-5 021. F.A.C. evaluation and appraisal requirements in Subsection (10)As minimum criteria, these criteria are not intended 163.3191(2),Florida Statutes,at the same time that it is revis- to prohibit a local government from proposing, considering, ing its plan pursuant to Subsection 163.3167(2),Florida Stat- adopting.enforcing,or in any other way administering a com- utes. prehensive plan which is more specific, detailed, or strict, or (h) Whether the provision at issue constitutes substan- which covers additional subject areas,whether within required tial progress over existing provisions regarding consistency or optional elements, as long as the comprehensive plan is in with and furtherance of Chapter 163,Part II, the State Com- compliance with Chapter 9J-5, F.A.C., Chapter 163, Florida prehensive Plan, the strategic regional policy plan, and this Statutes, and any other applicable statutes, laws or rules. Chapter, where the existing provisions are in a plan or plan (11)When a federal, state,or regional agency has imple- amendment previously found in compliance. mented a permitting program,the state land planning agency (3) Coastal Resource Plan Consistency. In administer- shall not require a local government to duplicate or exceed ing these rules the Department shall also establish procedures that permitting program in its comprehensive plan or to imple- for determining consistency of coastal management elements ment such a permitting program in its land development regu- with coastal resource plans prepared and adopted pursuant to lations. Nothing in this paragraph shall prohibit the state general or special law land planning agency, in conducting its review of local plans (4) Technical Assistance; Additional Aid for Rural Ar- or plan amendments, from making either objections, recom- eas. mendations,and comments or compliance determinations re- (a) The Department and all other appropriate state and garding densities and intensities consistent with the Act. regional agencies shall render technical assistance and coin- SPECIFIC AUTHOR/TY: 163.31 77(9),(10).FS nut any available resources to aiding local governments in L 4WI,NPLEMENTED: 163.3161.163.3167.163.3177.163.3178.163.3180, their compliance with the provisions of these rules. To this 163.3181. 163.3/84,163.3187 163.3191,163.3194,F.S. • HISTORY—New 3-6-86,Amended 10.20.86,11-2249,4-2 92,3-23-94,S- end,the Department shall issue publications,hold 18 workshops and seminars, and offer individualized technical 9J-5.002 Administration. assistance to each local government to aid its efforts to satisfy its obligations and desires at the transmittal and adoption stages (1) Compliance Determination. The Department shall for plans and plan amendments. Assistance shall also be made determine a comprehensive plan or plan amendment to be in available to other interested persons. The Department shall compliance if the comprehensive plan or plan amendment is exercise maximum flexibility and cooperation in rendering consistent with Sections 163.3177, 163.3178,and 163.3191, this assistance,while still carrying out its statutory responsi- Florida Statutes,the appropriate comprehensive regional policy bilities. plan, the State Comprehensive Plan and this c (2) Application of hapten. (b) The Department recognizes the need for wise eco- (2) Chapter 9J-5. Due to the varying cmit- nomic development in rural jurisdictions. Accordingly, the plexities,sizes,growth rates and other factors associated with Department shall endeavor to render a high degree of techni- local governments in Florida, the Department shall consider cal assistance to local governments with limited resources, the following factors as it provides assistance to local govern- including rural counties and municipalities which are attempt- ments and applies this chapter in specific situations with re- ing to implement one or more of the growth management srrat- gard to the detail of the data,analyses,and the content of the egies for rural areas in this chapter,including assistance with goals, objectives, policies,and other graphic or textual stan- respect to cost and availability of infrastructure,economic de- dards required: velopment strategies, evaluation of effects on tax base, and (a) The local government's existing and projected pope- efficient and effective handling of development lation and rate of population growth. (5) Federal Coordination with Comprehensive Plans.The (b) The geography and size of the local government's Department shall assist in coordinating with federal agencies jurisdiction,and the extent or existence of undeveloped land. to encourage federal programs and regulatory activities to be (c) The existence of natural resource features such as consistent with local government comprehensive plans found groundwater recharge areas, waterwells, wetlands, wildlife to be in compliance with these rules. This assistance shall habitat, coastal areas, areas subject to coastal flooding, and focus on areas where there are major federal land holdings living marine resources. such as military bases and national parks. (d) The scale of public services the local government pro- (6) Settlement of Conflicts Through Compliance Agree- vides or is projected to provide as it relates to the level of ments. The Department shall attempt to resolve conflicts capital improvements planning required. through informal dispute resolution processes in the admin- (e) The planning and implementation resources of the istration of this chapter. local government, and associated local and regional institu- (a) Any memorandums,correspondence,notices of meet- tions. ing and minutes of meetings related to the settlement negotia- (I) The extent of county charter provisions, special or tions shall be maintained by the local government and the local acts, or intergovernmental agreements which affect the Department in a file available to the public, excluding docu- local government's planning activities. ments exempt from production under Chapter 119,F.S. 2 . RULE 9J-5 (b) The Department may choose to enter into partial com- vided to clarify terms used in this chapter and not to pliance agreements which cover fewer than all of the issues or limit regulatoryop establish raised in the statement of intent for plans or plan amendments. however, local governments mayos choose alternatier agencies or ve defir i- To participate in this method, a local government must stipu- tions which the Department shall review to determine whether late that the settled parts of the plan are not in compliance, such definitions accomplish the intent of both this chapter agree to the remedial actions set forth in the agreement and and of Chapter 163, Florida Statutes. The use of definitions adopt a remedial plan amendment delaying the effective date in this rule which were adopted by rule amendment shall not of the amendment if requested by the Department, or must have the effect of rendering not in compliance a plan or plan otherwise provide assurance that the procedural and sum- amendment adopted prior to the effective date of the rule five rights of all parties are preserved. The Department shall amendment, nor of changing also stipulate that it will recommend that no sanctions be im- definitions of terms used in a posed by the Administration Commission for the stipulatedplan plan mens. nt adopted prior to the effective date of provisions if the remedialthe rule amendment. fashion. amendments are adopted in a timely (1) `Adjusted for family size"means adjusted in a than- (c) No compliance nes which results in an income eligibility level which is lower agreement, or portion of a compli- for household:with fewer than four people,or higher for ho ue- ance agreement, is binding on the Department, a local gov- holds with more than four people,than the base' ernment, or any other party until reduced to writing and ex- bility otherwise determined, based as��- ecuted by the proper representative of each party. Nothing in fished by the United States Department a ou using and rstabn this paragraph shall be deemed to prevent any party from Development of Dousing Urban making any stipulations of law or fact by counsel or other (2) "Adjusted gross income" means all wages, regular authorized representative in any administrative proceeding, cash or noncash contributions from persons outside the house- (d) Nothing in this subsection shall be deemed to pro- hold, and such other resources and benefits as deter- hibit the use of other informal settlement methods,or the use mined to be income by the United StatesY be of informal settlement methods as part of the compliance agree- ing and Urban Development, adjusted for Depf milt' of Hogs. less meat process. Local governments and other parties are en- deductions allowable under s.62 of theInternasize, couraged to investigate other techniques for the settlement ofRevenuerwhich disputes under this chapter. Specifically,the (3) "Affordable housing" means housing for wlticb dscue conflict t resolutionhapter. �YDepartment en- monthly rents or monthly mortgage payments,including taxes, there regional planningopportunities made available by insurance,and utilities,do not exceed 30 percent of that amount 1P councils and other state agencies or in- which represents the percentage of the median adjusted gross stitutions, including the Florida Growth Management Con- annual income for the households or flict Resolution Consortium. Nothing in this subsection shall 420.0004,F.S. (1991).indicated in s. be construed to require that any party settle any proceeding. (4) „ The resolution of any issue through ��uses"means activities within land er- ne r methodutioshall not i alter any n�rmal conflict cease- eas which are predominantly used for the cultivation of crops governing body's and livestock including aid'fid;s vcn right to an administrative or judicial determination of any is- - sue if that �'� nurseries;ornamental horticulture areas;groves; on - sue or governing body is entitled to such a de- fined feeding operations;specialty farms;and silviculture ar- termination under law. (7) Plan Amendment Submittal Requirementsens. mitral requirements forplan . Sub- (5) "Airport clear zone"means a designated area of landfamendments are as set forth in which is subject to peak aircraft noise and on which there is Chapter 163,Part II,ES.,and Chapter 91-11,Florida Admin- the hi istrative Code. ghest potential of danger from airport operations (8) Effect of Rule Amendments. No amendment to this (6) "Airport facility" means any area of land or water govenunental chapter shall have the effect of causing plans or plan amend- for the landioved, ng maintained of takeoff �or agency e meats which were adopted prior to the effective date of the runways of 4,000 or more feet in length, vately o9vpured paved appurtenant amendment to become not in compliance. Minimtm�t criteria area which is used for andr any r)airp rt fa- contained - in any amendment to this chapterairport buildings,or other airport in the first subsequent shall be addressed cilities or rights-of-way. directly related transmitted plan amendment which is (7) "Airport obstruction"means any structure,object of or requires the application of those criteria natural growth, existing condition, or use of land which ob- SPBCIFJCAUTHORITY• 163.3177[➢),(10),FS SP CIf7CAUT AUTHORITY: 1.3.31 (9).3171 163.3178,163.3J8�, structs the airspace required for the flight of aircraft in land- 163.3187. 163.3194 RS ing or taking off at an airport or which otherwise increases HISTORY—New 3-6.86 Amended 10-20.86 5-18-94. the risk of danger to aircraft operations. (8) "Amendment" means any action of a local govern- ment which has the effect of amending, adding to, deleting 9J-S.003 Definition& from or changing an adopted comprehensive plan element or As used in this chapter, the terms defined in Section map or map series, including an action affecting a prior plan 163.3164, Florida Statutes,shall have the meanings provided or plan amendment adoption ordinance,but shall not mean a in that section. In addition the following definitions are pro- legislative act which only codifies local legislation or makes 3 RULE 9J-5 corrections. updates and modifications of the capital improve- of Florida. ments element concerning costs, revenue sources, acceptance (19)"Coastal high hazard areas" (also "high-hazard of facilities or facility construction dates consistent with the coastal areas") means the evacuation zone for a category 1 plan as provided in Subsection 163.3177(3)(b), F.S., and cor- humcane as established in the regional hurricane evacuation rections. updates, or modifications of current costs in other study applicable to the local government. elements. as provided in Subsection 163.3187(2), F.S. (20)"Coastal planning area" means that when preparing Throughout this chapter, references to a plan or comprehen- and implementing all requirements of the coastal manage- sive plan shall also be deemed to refer to a plan amendment. ment element except those requirements relating to hurricane (9) "Areas subject to coastal flooding" means the areas evacuation, hazard mitigation, water quality, water quantity, delineated by the regional or local Hurricane Evacuation Plan estuarine pollution, or estuarine environmental quality, the as requiring evacuation. coastal planning area shall be an area ofthe local government's (10)"Arterial road" means a roadway providing service choosing; however, this area must encompass all of the fol- which is relatively continuous and of relatively high traffic lowing where they occur within the local government's jwis- volume, long trip length, and high operating speed. In addi- diction: water and submerged lands of oceanic water bodies tion,every United States numbered highway is an arterial road. or estuarine water bodies; shorelines adjacent to oceanic wa- (11)"Beach"means the zone of unconsolidated material ters or estuaries; coastal barrier:; living marine resources; that extends landward from the mean low water line to the marine wetlands; water-dependent facilities or water-related place where there is marked change in material or physi- facilities on oceanic or estuarine waters;or public access fa- ographic form,or to the line of permanent vegetation,usually cilities to oceanic beaches or estuarine shorelines;and all lands the effective limit of storm waves. "Beach," as used in the adjacent to such occurrences where development activities coastal management element requirements, is limited to oce- would impact the integrity or quality of the above. When anic and estuarine shorelines. preparing and implementing the hurricane evacuation or haz- (12)`Bicycle and pedestrian ways"means any road,path and mitigation requirements of the coastal management do- or way which is open to bicycle travel and traffic afoot and ment,the coastal planning area shall be those portions of the from which motor vehicles are excluded local government's jurisdiction which lie in the hurricane vul- (13) "Capital budget" means the portion of each local nerability zone. When preparing and implementing the re- government's budget which reflects capital improvements quirements of the coastal management element concerning scheduled for a fiscal year. water quality,water quantity,estuarine pollution,or estuarine (14)"Capital improvement" means physical assets con- environmental quality, the coastal planning area shall be all structed or purchased to provide, improve or replace a public occurrences within the local government's jurisdiction of 0cc- facility and which are large scale and high in cost.The cost of anic waters or estuarine waters. a capital improvement is generally nonrecurring and may re- (21)"Coastal or shore protection structures*means shore- quire multi-year financing.For the purposes of this rule,physi- hardening structures,such as seawalls,bulkheads,revetments, cal assets which have been identified as existing or projected rubblemound structures,groins,breakwaters,and aggregates needs in the individual comprehensive plan elements shall be of materials other than natural beach sand used for beach or considered capital improvements. shore protection and other structures which are intended to (15)"Central Business District" means a compact urban prevent erosion or protect other structures from wave and by- core area of a municipality or unincorporated urbanized area drodynamic forces including beach and dune restoration. which serves as the primary center for economic activity in (22)"Collector road"means a roadway providing service the jurisdiction. which is of relatively moderate traffic volume, moderate trip (16)"Clustering" means the grouping together of stnic- length,and moderate operating speed. Collector roads collect tures and infrastructure on a portion of a development site. and distribute traffic between local roads or arterial roads. (17)"Coastal area"means the 35 coastal counties and all - (23)"Commercial uses" means activities within land ar- . coastal municipalities within their boundaries designated by ens which are predominantly connected with the sale, rental the state land planning agency. These local governments are and distribution of products,or performance of services. listed in the document entitled"Local Governments Required (24)"Community park"means a park located near major to Include Coastal Management Elements in Their Compre- roadways, and designed to serve the needs of more than one hensive Plans," dated July 1, 1986, and available from the neighborhood. Department upon request. The local governments listed in (25)"Compatibility"means a condition in which land uses the document and any other communities that incorporate or conditions can coexist in relative proximity to each other subsequent to July 1, 1986, and meet the criteria in Chapter in a stable fashion over time such that no use or condition is 380.24, F.S., shall also be included in the coastal area unduly negatively impacted directly or indirectly by another (18)"Coastal barriers" means barrier islands, spits,pen- use or condition. insulas, or similar landforms, including the Florida Keys, (26)"Composition" means the make up of various land which front on the Atlantic Ocean, Gulf of Mexico,or Straits uses by types, extent, intensity, density, or otherwise, which of Florida and which separate estuaries or harbors from the are included in a development or land use category. open waters of the Atlantic Ocean, Gulf of Mexico,or Straits (27)"Concurrency" means that the necessary public fa- 4 RULE 9J-5 cilmes and services to maintain the adopted level of service tion structures, and retention structures. standards are available when the impacts of development oc- (41)"Drainage retention structure"means a structure de- cur. signed to collect and prevent the release of a given volume of (28)"Concurrency Management System" means the pro- stormwater by complete on-site storage. cedures and/or process that the local government will utilize (42)"Dune" means a mound or ridge of loose sediments, to assure that development orders and permits are not issued usually sand-sized sediments,lying landward of the beach and unless the necessary facilities and services are available con- extending inland to the landward toe of the dune which inter- current with the impacts of development. cepts the 100-year storm surge. (29)"Cone of influence" means an area around one or (43)"Educational uses" means activities and facilities of more major waterwells the boundary of which is determined public or private primary or secondary schools,vocational and by the government agency having specific statutory authority technical schools, and colleges and universities licensed by to make such a determination based on groundwater travel or the Florida Department of Education, including the areas of drawdown depth. buildings, campus open space, dormitories, (30)"Conservation uses" means activities or conditions dillies or parking. recreational �- within land areas designated for the purpose of conserving or (44)"Environmentally sensitive lands" means areas of protecting natural resources or environmental quality,includ- land or water which are determined necessary by the local ing areas designated for such purposes as flood control,pro- government,based on locally determined criteria,to conserve tection of quality or quantity of groundwater or surface water, or protect natural habitats and ecological systems. Nothing floodplain management,commercially or recreationally valu- in this definition shall be construed to prohibit silvicultural able fish and shellfish,or protection of vegetative communi- operations which employ the Florida Department of Agricul- ties or wildlife habitats. ture and Consumer Affairs Best Management Practices as re- (31)"Currently available revenue sources" means an ex- vised in 1993. isting source and amount of revenue presently available to the (45)"Estuary"means a semi-enclosed, local government. It does not include a local government's coastal eexistingbO�'of water in which saltwater is naturally present intent to increase the future level or amount of a rev- diluted by fresh water and which has a connection with oceanic Wa- enue source which is contingent on ratification by public ref- ters, including bays,embayments,lagoons,sounds and tidal erendum. stream(32)"Deepwater ports" means the ports identified in s. )" Evacuation routes" means routes designated by 403.02I(9), F.S., including Jacksonville,Tampa, Port Ever- county civil defense authorities or the regional evacuation plan, glades, Miami, Port Canaveral, Ft. Pierce,Palm Beach,Port for the movement of persons to safety,in the event of a hurri- Manatee, Port St. Joe, Panama City, St. Petersburg, and cane. Pensacola. (47)"Evaluation and appraisal report"means an evalua- (33)"Density" means an objective measurement of the tion and appraisal report as adopted by the local governing number of people or residential units allowed per unit of land, body in accordance with the requirements of Section 163.3191, such as residents or employees per acre. F.S. (34)"Department"or"agency"means the Florida Depart- (48)"Extent"means the amount of development,includ- ment of Community Affairs. ing the area or size in acres. (35)"Development" has the meaning described in s. (49)"Facility availability" means whether or not a facil- 380,04,F.S. ity is available in a manner to satisfy the concurrency man- (36)"Development controls"means standards in the com- agement system. prehensive plan which control the development or use of land (50)"Flood plains"means areas inundated during a 100- and which are in addition to the densities, intensities, and year flood event or identified by the National Flood Insurance uses assigned to land by the future conditions maps. Program as an A Zone or V Zone on Flood Insurance Rate (37)"Distribution" means the spatial array of land uses Maps or Flood Hazard Boundary Maps. throughout an area. (51)"Floodprone areas"means areas inundated during a (38)"Drainage basin" or"stormwater basin" means the 100-year flood event or areas identified by the National Flood area defined by topographic boundaries which contributes Insurance Program as an A Zone on Flood Insurance Rate stormwater to a watershed,drainage system,estuarine waters, Maps or Flood Hazard Boundary Maps. or oceanic waters, including all areas artificially added to the (52)"Foster care facility" means a facility which houses basin. foster residents and provides a family living environment for (39)"Drainage detention structure" means a structure the residents, including such supervision and care as may be which collects and temporarily stores stormwater for the pur- necessary to meet the physical,emotional and social needs of pose of treatment through physical, chemical, or biological the residents and serving either children or adult foster resi- processes with subsequent gradual release of the stormwater. dents. (40)"Drainage facilities" means a system of man-made (53)"Functional relationship" means a complementary structures designed to collect,convey,hold,divert or discharge and interactive relationship among land uses or development, stormwater, and includes stormwater sewers, canals, deten- including at a minimum a substantial and positive exchange 5 RULE 9J-5 of human interaction. goods, resources, institutions,services, services. jobs or workers between land uses or developments. (64)"Interagency hazard mitigation report"means the rec- (54)"Goal" means the long-term end toward which pro- ommendations of a team of federal, state, regional. or local grams or activities are ultimately directed. officials which address measures to reduce the potential for (55)"Group home" means a facility which provides a liv- future flood losses and which is prepared in response to a Presi- ing environment for unrelated residents who operate as the dential Disaster Declaration. functional equivalent of a family, including such supervision (65)"Level of service" means an indicator of the extent and care as may be necessary to meet the physical, emotional or degree of service provided by, or proposed to be provided and social needs of the residents. Adult congregate Living by a facility based on and related to the operational character- Facilities comparable in size to group homes are included in istics of the facility. Level of service shall indicate the capac- this definition.It shall not include rooming or boarding homes, ity per unit of demand for each public facility. clubs,fraternities,sororities,monasteries or convents,hotels, (66)"Limited access facility"means a roadway especially residential treatment facilities, nursing homes,or emergency designed for through traffic,and over,from,or to which own- shelters. ers or occupants of abutting (56)"Hazardous waste"means solid waste,or a mina- land or other persons have no greater than a limited right or easement of access. tion of solid wastes,which,because of its quantity,concentra- (67)"Living marine resources" means oceanic or estua- tion, or physical,chemical,or infectious characteristics,may rine plants or animals,such as mangroves,seagrasses,algae, . cause, or significantly contribute to, an increase in mortality coral reefs, and living marine habitat; fish, shellfish,crusta- or an increase in serious irreversible or incapacitating revers- cea and fisheries; and sea turtles and marine mammals. ible illness or may pose a substantial present or potential haz- (68)"Local peacetime emergency plan" means the plans and to human health or the environment when improperly prepared by the county civil defense or county emergency man- transported,disposed of,stored,treated or otherwise managed. agement agency addressing weather-related natural hazards (57)"High recharge area"or"prime recharge"area means and man-made disasters except nuclear power plant accidents • an area so designated by the appropriate water management and war.The plan covers hazard mitigation,emergency pre- district governing board. High recharge and prime recharge paredness, emergency response, emergency recovery and in areas shall receive a level of protection commensurate with coastal counties,hurricane evacuation their significance to natural systems or their status as current (69)"Local road" means a roadway providing service or future sources of potable water. which is of relatively low traffic volume, short average trip (58)"Historic resources"means all areas,districts or sites length or minimal through traffic movements, and high vol- containing properties listed on the Florida Master Site File, ume land access for abutting property. the National Register of Historic Places, or designated by a (70)"Low income household"has the meaning provided local government as historically, architecturally, or in s.420.0004,F.S. (1991). archaeologically significant (71)"Major trip generators or attractors"means concen- (59)"Hurricane shelter"means a structure designated by traced areas of intense land use or activity that produces or local officials as a place of safe refuge during a storm or hur- attracts a significant number of local trip ends. ricane. (72)"Manufactured home"means a residential manufac- (60)"Hurricane vulnerability zone" (also "areas subject tured home meeting the definition in s. 320.01, F.S. (1992 to coastal flooding") means the areas delineated by the re- Supp.). gional or local hurricane evacuation plan as requiring evacu- (73)"Marine habitat" means areas where living marine ation. The hurricane vulnerability zone shall include areas resources naturally occur,such as mangroves,seagrass beds, requiring evacuation in the event of a 100-year storm or Cat- algal beds, salt marshes, transitional wetlands, marine wet- egory 3 storm event lands, rocky shore communities, hard bottom communities, (61)"Industrial uses"means the activities within land ar- oyster bars or flats, mud flats,coral reefs,worm reefs,artifi- eas predominantly connected with manufacturing assem- cial reefs, offshore springs, nearshore mineral deposits, and bly, processing,or storage of products. offshore sand deposits. (62)"Infrastructure" means those man-made structures (74)"Marine wetlands"means areas with a water regime which serve the common needs of the population, such as: determined primarily by tides and the dominant vegetation is sewage disposal systems;potable water systems; potable wa- salt tolerant plant species including those species listed in ter wells serving a system;solid waste disposal sites or reten- Subsection 17-4.002(17), F.A.C., "Submerged Marine Spe- tion areas;stormwater systems;utilities;piers;docks;wharves; cies." breakwaters;bulkheads;seawalls;bulwarks;revetments;cause- (75)"Mass transit"means passenger services provided by ways; marinas; navigation channels;bridges;and roadways. public,private or non-profit entities such as the following sur- (63)"Intensity" means an objective measurement of the face transit modes:commuter rail,rail rapid transit,light rail extent to which land may be developed or used, including the transit, light guideway transit, express bus, and local fixed consumption or use of the space above, on or below ground; route bus. the measurement of the use of or demand on natural resources; (76)"Minerals"means all solid minerals,including clay, and the measurement of the use of or demand on facilities and gravel,phosphate rock,lime,shells(excluding live shellfish), 6 • RULE 9J-5 stone. sand. heavy minerals, and any rare earths, which are ndeshanng, car or van pools, demand responsive buses, and contained in the soils or waters of the state. other public transit services, which are chars ("7)"Mobile home" means a structure meeting the defi- nonscheduled, non-fixed route nature. characterized by their ninon in s. 320.01, F.S. (1992 Supp.). (90)"Park" means a neighborhood. community, or re- (78)"Moderate income household"has the meaning pro- gional park. vided in s. 420.0004, F.S. (1991). (91)"Partial evaluation and appraisal report" means an (79)"Natural drainage features" means the naturally oc- evaluation and appraisal report which focuses on selected is- curnng features of an area which accommodate the flow of sues or elements that may only be submitted by a municipality significant amounts of stormwater, such as streams, rivers, with fewer than 5,000 residents or a county with fewer than lakes. sloughs, floodplain and wetlands. 50,000 residents pursuant to a written (80)"Natural drainage flow" means the pattern of sur- Department agreement with the Sec- face and storm water drainage through or from a 1and in, accordance with the requirements of particular tion 163.3191(12),F.S. site before the construction or installation of improvements or (92)"Pattern"means the form of the Phys dispersal of prior to regrading. development or land use. (81)"Natural groundwater aquifer recharge areas" or (93)"Playground"means a recreation area with play ap- "natural groundwater recharge areas" or "groundwater re- paratus. charge areas" means areas contributing to or providing vol- (94)"Point source pollution" means any source of water tunes of water which make a contribution to the storage or pollution that constitutes a discernible,confined,and discrete regional flow of an aquifer. conveyance,including but not limited toi ditch,"Natural reservations" means areas designated for nel, tunnel, conduit, well, discrete fissure,any pipe, h, conservation purposes,and operated by contractual agreement stock,concentrated animal feeding container, rolling with or managed by a federal, state, regional or local govern- floatingcraft, operation,mayobeedis harr ed. menu or non- refit agency from which pollutants are or discharged. p g ncy such as:national parks,state parks, This term does not include return flows from irrigated agri- lands purchased under the Save Our Coast,Conservation and culture. Recreation Lands or Save Our Rivers programs, sanctuaries, (95)"Policy" means the way in which programs and ac- preserves, monuments, archaeological sites, historic sites, tivities are conducted to achieve an identified goal. wildlife management areas,national seashores,and Outstand- (96)"Pollution"is the presence in the outdoor atmosphere, ing Florida Waters. This definition does not include privately ground or water of any substances, contaminaffix, noise, or owned land managed by a state agency on either a voluntary man-made or man-induced alteration of the chemical,physi- or a short-term contractual basis. cal,biological,or radiological (83)"Neighborhood park"means a � integrity of air or water,in quare. park which serves the titles or at levels which are or may be potentially,harmful or population of a neighborhood and is generally accessible by injurious to human health or welfare,animal or plant life,or bicycle or pedestrian ways. property,or unreasonably interfere with the enjoyment of life (84)"New town" means a new urban activity center and or property. community designatedP �� on the future land use map and located (97)"Port facility" means harbor or shipping improve- within a rural area or at the rural-urban fringe, clearly func- ments used predominantly for commercial purposes inelud- tionally distinct or geographically separated from existing ing channels, turning basins,jetties, breakwaters, landings, urban areas and other new towns. A new town shall be of wharves, docks, markets, structures,buildings,per,storage sufficient size, population and land use composition to sup- facilities,plazas,anchorages,utilities,bridges,tunnels,roads, porta variety of economic and social activities consistent with causeways, and all other property or facilities necessary or an urban area designation. New towns shall include basic useful in connection economic activities; all major land use categories, with the (98)"Potable water facilities" means a system of struc- possible exception of agricultural and industrial; and a cen- tures designed to collect,treat,or distribute potable water,and trally provided full range of public facilities and services. A includes water wells,treatment plants,reservoirs,and distri- new town shall be based on a master development plan,and bution mains. shall be bordered by land use designations which provide a (99)"Potable water weilfield" means the site of one or clear distinction between the new town and surrounding land more water wells which supply potable water for human con- uses. sumption to a water system which serves at least 15 service (85)"Nonpoint source pollution" means any source of connections used by year-round residents or regularly serves water pollution that is not a point source. at least 25 year-round residents. (86)"Objective" means a specific, measurable, interme- (100) "Private recreation sites"means sites owned by pri- diate end that is achievable and marks progress toward a goal. vate,commercial or non-profit entities available to the public (87)"Oceanic waters"means waters of the Atlantic Ocean, for purposes of recreational use. Gulf of Mexico,or Straits of Florida,excluding estuaries. (101) "Proposed evaluation and appraisal report"means (88)"Open spaces"means undeveloped lands suitable for a draft evaluation and appraisal report prepared by the local passive recreation or conservation uses. planning agency that is transmitted to the local governing body (89)"Paratransit" means transit services, including for review and adoption. 7 RULE 9J-5 (102) "Public access" means the ability of the public to signment of roads into categories according to the character physically reach,enter or use recreation sites including beaches of service they provide in relation to the total road network. and shores. Basic functional categories include limited access facilities. (103) "Public recreation sites" means sites owned or arterial roads, and collector roads, which may be leased on a long-term basis by a federal, state, regional or subcategorized into principal, major or minor levels. Those local government agency for purposes of recreational use. levels may be further grouped into urban and rural categories. (104) "Public buildings and grounds" means structures (117) "Rural areas" means low density areas character- or lands that are owned, leased,or operated by a government ized by social,economic and institutional activities which may entity,such as civic and community centers,hospitals,librar- be largely based on agricultural uses or the extraction of natu- les,police stations,fire stations,and government administra- ral resources in unprocessed form,or areas containing large tion buildings. proportions of undeveloped,unimproved,or low density prop- (105) "Public facilities"means transportation systems or city. facilities, sewer systems or facilities, solid waste systems or (118) "Rural village"or"rural activity center" means a facilities,drainage systems or facilities,potable water systems small,compact node of development within a rural area con- or facilities,educational systems or facilities,parks and recre- raining development,uses and activities which are supportive ation systems or facilities and public health systems or facili- of and have a functional relationship with the social,economic ties. ' and institutional needs of the surrounding rural areas. (106) "Public facilities and services"which must be made (119) "Sanitary sewer facilities"means structures or sys- available concurrent with the impacts of development means tems designed for the collection, transmission,treatment, or those covered by comprehensive plan elements required by disposal of sewage and includes trunk mains, interceptors, Section 163.3177,Florida Statutes,and for which level of ser- treatment plants and disposal systems. vice standards must be adopted under Chapter 9J-5, Florida (120) "Sanitary sewer interceptor"means a sewerage 030- Administrative Code. The public facilities and services are: duit which connects directly to, and transmits sewage to, a roads, Rule 9J-5.007(3)(x)1.; sanitary sewer, Rule 9J- treatment plant. 5.011(2)(c)2.a.; solid waste, Rule 9J-5.011(2)(c)2.b.; (121) "Sanitary sewer trunk main"means asewerage con- stormwater, Rule 9J-S.011(2Xc)2.c.; potable water, Rule 9J- duit which connects directly to,and transmits sewage to,an 5.011(2)(c)2.d.; parks and recreation, Rule 91-S.014(3Xc)4.; interceptor and mass transit,Rule 91-5.008(3Xc)1., if applicable. (122) "Seasonal population"means part, inhabitants (107) "Purchase of development rights" means the ac- who utilize, or may be expected to utilize,public facilities or quisition of a governmentally recognized right to develop land services,but are not residents. Seasonal population shall in- which is severed from the realty and held or further d by the purchaser. conveyed dude tourists,migrant farmworkers,and other short-term and long-term visitors. (108) "Recreation"means the pursuit of leisure time ac- (123) "Services"means the programs and employees de- tivities occurring in an indoor or outdoor setting. termined necessary by local government to provide adequate (109) "Recreation facility"means a component of a rec- operation and maintenance of public facilities and - reation site used by the public such as a trail, court, athletic sure as well as those educational,health care,social and other field or swimming pool. programs necessary to support the programs,public facilities, (110) "Recreational uses" means activities within areas and infrastructure set out in the local plan or required by lo- where recreation occurs. cal,state,or federal law. (111) "Regional park" means a park which is designed (124) "Shoreline"or"shore"means the interface of land to serve two or more communities, and water and, as used in the coastal management element (112) "Relocation housing"means those dwellings which requirements, is limited to oceanic and estuarine interfaces. are made available to families displaced by public programs, (125) "Solid waste"means sludge from a wane treatment provided that such dwellings are decent,safe and sanitary and works,water supply treatment plant,or air pollution control within the financial means of the families or individuals dis- facility or garbage, rubbish, refuse.or other discarded mate- placed. rial, including solid, liquid, semisolid, or contained gaseous (113) "Resident population"means inhabitants counted material resulting from domestic,industrial,commercial,min- in the same manner utilized by the United States Bureau of ing,agricultural,or governmental operations. the Census,in the category of total population.Resident popu- (126) "Solid waste facilities"means structures or systems lation does not include seasonal population, designed for the collection, rocessin P g or disposal of solid (114) "Residential uses"means activities within land ar- wastes,including hazardous wastes,and includes transfer sta- eas used predominantly for housing. tions, processing plants, recycling plants, and disposal sys- (115) "Right-of-way" means land in which the state, a terns. county, or a municipality owns the fee simple title or has an (127) "Solid waste processing plant"means a facility for easement dedicated or required for a transportation or utility incineration,resource recovery,or recycling of solid waste prior Use' to its final disposal. • (116) "Roadway functional classification"means the as- (128) "Solid waste transfer station" means a facility for 8 RULE 91-5 temporary collection of solid waste prior to transport to a pro- interspersed with generally low-intensity or low-density ur- cessing plant or to final disposal. ban uses, and which are characterized by one or more of the (129) "Stormwater" means the flow of water which re- following conditions: (a) The premature or poorly planned sults from a rainfall event. conversion of rural land to other uses; (b) the creation of (130) "Stormwater facilities"means man-made structures areas of urban development or uses which art not functionally that are part of a stormwater management system designed to related to land uses which predominate the adjacent area; or collect.convey, hold,divert,or discharge stormwater,and may (c) the creation of areas of urban development or uses which include stormwater sewers, canals, detention facilities and fail to maximize the use of existing public facilities or the use retention facilities, of areas within which public services are currently(131) "Stormwater management system" has the mean- Urban sprawl isn per ' ing described in Rule 17-40.210(21), F.A.C. (1992). following land use or developmentone more of the scat- (132) "Sufficiencyg patterns:Leapfrog or review"means Department review of tered development;ribbon or strip commercial or other devel- an adopted evaluation and appraisal report to determine opment;or large expanses ofpredominantly low-intensity,low- whether it has been submitted in a timely fashion and whether density,or single-use development it contains components in accordance with the prescribed cri- (141) "Vegetative communities"means ecological com- teria in Section 163.3191,F.S.,and this Rule. munities,such as coastal strands,oak hammocks,and cypress (133) "Support documents"means any surveys, studies, swamps,which are classified based on the presence of certain inventory maps,data,inventories,listings or analyses used as soils,vegetation and animals. bases for or in developing the local comprehensive plan. (142) "wry low-income family"means one or more natu- (134) "Suitability" means the degree to which the exist- ral persons or a family, not including students, the total an- ing characteristics and limitations of land and water are corn- nual adjusted gross household income of which does not ex- patible with a proposed use or development. ceed 50 percent of the median annual adjusted J gross income (135) "Transfer of development rights"means a govern- for households within the metropolitan statistical areas(MSA) mentally recognized right to use or develop land at a certain or, if not within an MSA,within the county in which the per- density,or intensity,or for a particular purpose,which is sev- son or family resides,whichever is greater. ered from the realty and placed on some other property. (143) "wry low income household"has the meaning pro- (136) "Transportation demand management" means vided in s. 420.0004,F.S. (1991). strategies and techniques that can be used to increase the effi- (144) "Water ciency of the transportation system.Demand management fo- be carried out onlyn in or uses" ntmtot activitiesrareas which use cuses on ways of influencing the amount and demand for trans- the use access in or adjacent water because trans- portation by encouraging alternatives to the single-occupant requires �the water body for:waterborne gl pant portation including ports or marinas; recreation electrical automobile and by altering local peak hour travel demand, generating facilities;or water supply. These strategies and techniques may,among others, include: (145) "Water recharge areas"means land or water areas ridesharing programs, flexible work hours, telecommuting, through which groundwater is replenished. shuttle services,and parking management (146) "Water-related uses"means activities which are not (137) "Transportation disadvantaged" means those in- directly dependent upon access to a water body, but which dividuals who because of physical or mental disability,income provide goods and services that are status, or age are unable toY associated with transport themselves to or pus- water-dependent or waterway uses. chase transportation and are, therefore dependent upon nth- (147) "Water wells"means wells excavated,drilled,dug, ers to obtain access to health care, employment, education, or driven for the supply of industrial,agricultural or potable shopping, social activities,or other life-sustaining activities. water for general public consumption. (138) "Transportation system management" means im- (148) "Wellhead protection area" means an area desig- proving roads,intersections,and other related facilities to make nated by local government to provide land use protection for the existing transportation system operate more efficiently. the groundwater source for a potable water wetlfield, as de- Transportation system management techniques include de- fined in this chapter,including the surface and subsurface area wand management strategies, incident management strate- surrounding the wellfield. Differing levels of protection may gies, and other actions that increase the operating efficiency be established within the wellhead protection area commen- of the existing system. surate with the capacity of the well and an evaluation of the (139) "Urban area"means an area of or for development risk to human health and the environment Wellhead protec- characterized by social,economic and institutional activities tion areas shall be delineated using professionally accepted which are predominantly based on the manufacture,produc- methodologies based on the best available data and taking into tion, distribution, or provision of goods and services in a set- account any zones of contribution described in existing data. ting which typically includes residential and nonresidential (149) "Wetlands" means those areas that are inundated development uses other than those which are characteristic of or saturated by surface water or ground water at a frequency rural areas. and a duration sufficient to support, and under normal cir- (140) "Urban sprawl"means urban development or uses cumstances do support, a prevalence of vegetation typically which are located in predominantly rural areas,or rural areas adapted for life in saturated soils. Soils present in wetlands 9 • RULE 9J-5 generally are classified as hydric or alluvial, or possess char- (b) If the local government chooses to combine elements, actensucs that are associated with reducing soil conditions. it shall clearly indicate where in the comprehensive plan or The prevalent vegetation in wetlands generally consists of fac- support documents all statutory requirements of Sections ultauve or obligate hydrophytic macrophytes that art typically 163.3177 and 163.3178,Florida Statutes,and the requirements adapted to areas having soil conditions described above. These of this Chapter are met. The comprehensive plan shall con- species, due to morphological, physiological, or reproductive tain an explanation of such combinations. adaptations, have the ability to grow, reproduce or persist in (c) The comprehensive plan shall consist of those items aquatic environments or anaerobic soil conditions. Florida listed below in this paragraph. All other documentation may wetlands generally include swamps,marshes,bayheads,bogs, be considered as support documents. Support documents do cypress domes and strands, sloughs, wet prairies, riverine not have to be adopted unless the local government desires to swamps and marshes, hydric seepage slopes, tidal marshes, adopt all or part of the support documents as part of the com- mangrove swamps and other similar areas. Florida wetlands prehensive plan.All background data,studies,surveys,analy- generally do not include longleaf or slash pine flatwoods with ses and inventory maps not adopted as part of the comprehen- an understory dominated by saw palmetto. The delineation of sive plan shall be available for public inspection while the actual wetland boundaries may be made by any professionally comprehensive plan is being considered for adoption and while accepted methodology consistent with the type of wetlands it is in effect. Unless a local government desires to include being delineated but shall be consistent with any unified state- more,the adopted comprehensive plan shall consist of: wide methodology for the delineation of the extent of wet- 1. Goals,objectives, and policies; lands ratified by the Legislature. 2. Requirements for capital improvements implemen- SPECIFICAUTHORlTY 163.3177(9).(10)Fx talion; LAW IMPLEMENTED:163.3177,163.3178 FS HISTORY—New 3-6-86 Amended 10.10 86,11-22-89,4-2-92,3-I3-91, 3• Proceduresfor monitoring and evaluation of the lo- s-18-94. cal plan; 4. The countywide marina siting plan for participating 9J-5.004 Public Participation. local governments in the coastal area; (1) The local governing body and the local planning 5. Required maps showing future conditions,including agency shall adopt procedures to provide for and encourage the future land use map or map series; public participation in the planning process, including con- 6. A copy of the local comprehensive plan adoption or- sideration of amendments to the comprehensive plan and evalu- dinanee at such time as the plan is adopted;and ation and appraisal reports. 7. Intergovernmental coordination process. (2) The procedures shall include the following: (d) The comprehensive plan format shall include: (a) Provisions to assure that real property owners are put 1. A table of contents; on notice, through advertisement in a newspaper of general 2. Numbered pages; circulation in the area or other method adopted by the local 3. Element headings; government,of official actions that will affect the use of their 4. Section headings within elements; property; 5. A list of included tables,maps,and figures; (b) Provisions for notice to keep the general public in- 6. Titles and sources for all included tables,maps,and formed: figures; (c) Provisions to assure that there are opportunities for 7. A preparation date;and the public to provide written comments; 8. Name of the preparer. (d) Provisions to assure that the required public bear- (e) All maps included in the comprehensive plan shall Ings are held; and include major natural and man-madeeo g graphic features,city, (e) Provisions to assure the consideration of and response county, and state lines,when applicable; and shall contain a to public comments. legend indicating a north arrow, map scale,and date. (3) Local governments are encouraged to make execu- (2) Data and Analyses Requirements. five summaries of comprehensive plans available to the gen- (a) All goals,objectives,policies,standards,findings and eral public and should, while the planning process is ongo- conclusions within the comprehensive plan and its support ing, release information at regular intervals to keep its citi- documents, and within plan amendments and their support zenry apprised of planning activities. documents,shall be based upon relevant and appropriate data SPECIF7CAUTHORITY 163.31 77(9),(10)fix and the analyses applicable to each element. To be based on LAW IMPLEMENTED:163.3177(9),(10), 163.3181 Fa data means to react to it in an HISTORY—New 3-6-86,Amended 10-20-86. appropriate way and to the extent necessary indicated by the data available on that par- 9J-5.005 General Requirements. ticular subject at the time of adoption of the plan or plan amend- (1) Format Requirements, ment at issue. Data or summaries thereof shall not be subject (a) Each comprehensive plan shall include the content to the compliance review process. However, the Department • for all elements as required by law and this Chapter,however, will review each comprehensive plan for the purpose of deter- related elements may be combined. mining whether the plan is based on the data and analyses described in this chapter and whether the data were collected 10 RULE 9J-5 and applied in a professionally acceptable manner. All tables. Governor, a detailed description of the rationale for such a charts,graphs. maps.figures and data sources,and their lirni- choice shall be included with such projections. Cations, shall be clearly described where such data occur in 1. If the local government chooses to prepare its own the above documents. Local governments are encouraged to estimates and projections. it shall submit estimates and pro- use graphics and other techniques for making support infor- jections and a description of the methodologies utilized to gen- mation more readily usable by the public. crate thero�ections and estimates to the Department J with its (b) This Chapter shall not be construed to require ongi- plan when the plan is due for compliance review unless it has nal data collection by local government; however, local gov- submitted them for advance review. If a local government ernments are encouraged to utilize any original data neces- chooses to prepare its own resident and seasonal population sary to update or refine the local government comprehensive estimates and projections, it may submit them and a descrip- plan data base so long as methodologies are professionally tion of the methodology utilized to prepare them to the De- accepted' partment prior to the time of compliance review.The Depart- (c) Data are to be taken from professionally accepted ex- ment may request additional information regarding the meth- isting sources, such as the United States Census, State Data odology utilized to prepare the estimates and projections. Center, State University System of Florida,regional planning 2. The Department will evaluate the application of the councils, water management districts, or existing technical methodology utilized by a local government in preparing its studies. The data used shall be the best available existing own population estimates and projections and determine data unless the local government desires original data or spe- whether the particular methodology is professionally accepted cial studies. Where data augmentation, updates, or special The Department shall provide its findings to the local govern- studies or surveys are deemed necessary by local government, ment within sixty days.In addition,the Department.shall make appropriate methodologies shall be clearly described or refer- available, upon request,beginning on December 1, 1986,ex- enced and shall meet professionally accepted standards for amples of methodologies for resident and seasonal population such methodologies. Among the sources available to local estimates and projections that are deemed by the governments are those identified in"The Guide to Local Co - to be professionallyDepartment Corn- prehensive Planning Data Sources"published by the Depart- acceptable.The Department shall be guidedwent in 1989. Among the sources of data for rel' by the Executive Office of the Governor,in particular the State preliminary Data Center,in its review of any population estimates,projec- identification of wetland locations are the National Wetland dons,or methodologies proposed by local governments. Inventory Maps prepared by the U.S. Fish and Wildlife Ser- (f) Local governments may submit textual portions of vice' the proposed or adopted comprehensiveplan or (d) Primary data sources such as United States Census merit, or their supportplanreports, amend- other government data documents, local computer- documents, in the form of electronic data, and originalP processing storage media A local government wishing to do map sheets used to compile required this must first verify with the Department that the programs maps need not be printed in their entirety within either the necessary to access the media are available to the Department support documents or the comprehensive plan. Summaries of and other agencies g and, if so, then send one hard copy and support documents shall be submitted to the Department along clearly labeled storage media copies for distribution to exter- with the comprehensive plan at the time of compliance re- nal agencies. view to aid in the Department's determination of compliance (g) A local government need not include in the support and consistency. As a local alternative to providing data and material sent to the Department any material found in Florida analyses summaries, complete data and analyses sufficient to Statutes,Florida Administrative Code,United States Code,or support the comprehensive plan may be submitted to the De- the Code of Federal Regulations or any widely available docu- partment at the dine of compliance review. The Department mentary source of data which the local government has con- may require submission of the complete or more detailed data firmed is already in the possession of the Department. or analyses during its compliance review if,in the opinion of (3) Level of Service Standards. Level of service Stan- . the Department, the summaries are insufficient to determine dards shall be established for ensuring that adequate facility compliance or consistency of the plan. capacity will be provided for future development and for pur- e) The comprehensive plan shall be based on resident poses of issuing development orders or development permits, and seasonal population estimates and projections. Resident pursuant to Section 163.3202(2)(g), Florida Statutes. Each and seasonal population estimates and projections shall be local government shall establish a level of service standard either those provided by the University of Florida,Bureau of for each public facility located within the boundary for which Economic and Business Research, those provided by the Ex- the local government has authority to issue development or- ecutive Office of the Governor, or shall be generated by the ders or development permits. Level of service standards local government_ If the local government chooses to base its shall be set for each individual facility or facility type and not plan on the figures provided by the University of Florida or on a systemwide basis. the Executive Office of the Governor, medium range projec- (4) Planning Timeframe. Each local government corn- tions should be utilized. If the local government chooses to prehensive plan shall include at least two planning periods: base its plan on either low or high range projections provided one for at least the first five-year period subsequent to the by the University of Florida or the Executive Office of the plan's adoption and one for at least an overall ten-year period. 11 RULE 95-5 (5) Internal Consistency. evaluation of the plan during the five-year period. (a) The required elements and any optional elements (g) The extent to which unanticipated and unforeseen shall be consistent with each other. All elements of a particu- problems and opportunities occurred between the date of adop- lar comprehensive plan shall follow the same general format tion and the date of the report; (see"Format Requirements"). Where data are relevant to sev- (h) The effect on the comprehensive plan of changes to: eral elements. the same data shall be used, including popula- Chapter 187,F.S.,the state comprehensive plan Chapter 163. tion estimates and projections. P1.II, F.S.; the minimum criteria contained in map depicting Chapter plan:n; (b) Eachfuture conditions must reflect F.A.C.; and the appropriate strategic regional policy plan; goals. objectives, and policies within all elements and each (i) The major problems of development, physical dete- such map must be contained within the comprehensive plan. rioration, and the location of land uses and the social and (6) Plan Implementation Requirements.Recognizing that economic effects of such uses in the area; the intent of the Legislature is that local government compre- (j) The identification of any actions that are taken or hensive plans are to be implemented, pursuant to Subsection need to be taken to address the planning issues identified in 163.3161(5),and Sections 163.3194, 163.3201,and 163.3202, the report;and Florida Statutes,the sections of the comprehensive plan con- (k) Proposed or anticipated plan amendments necessary taming goals, objectives, and policies shall describe how the to address or implement the identified changes. local government's programs,activities,and land development (8) Procedural Requirements.Comprehensive plans,plan regulations will be initiated, modified or continued to imple- elements,and plan amendments shall be considered,adopted ment the comprehensive plan in a consistent manner.It is not and amended pursuant to the procedural requirements of See- the intent of this Chapter to require the inclusion of imple- tions 163.3161 to 163.3215 , Florida Statutes, including but • menting regulations in the comprehensive plan but rather to not limited to the following: require identification of those programs, activities,and land (a) The comprehensive plans for municipalities development regulations that will be part of the strategyfortimeframes shall e implementing the comprehensive plan and the cal prepared and submitted �� same ti�aates � � goals, objec- counties in which the municipalities are located and all plans fives, and policies that describe how theSeamsro ,activities, shall be prepared and submitted in accordance with the sched- and land development regulations will be carried out consis- ule adopted by the Department pursuant to Subsection tent with Section 163.3201, Florida Statutes. Goals, objec- 163.3167(2),Florida Statutes; fives and policies shall establish meaningful and predictable (b) The comprehensive plan or element shall be prepared standards for the use and development of land and provide in accordance with Section 163.3174 and Subsection meaningful guidelines for the content of more detailed land 163.3167(4),Florida Statutes,relating to local planning agen- development and use regulations. This Chapter does not man- cies. Proposed plans, elements,portions thereof and amend- date the creation, limitation,or elimination of regulatory au- meats shall be considered at a public hearing with due public thority for other agencies nor does it authorize the adoption or notice by the local planning agency prior to making its mc- require the repeal of any rules, criteria, or standards of any ommendation to the governing body pursuant to Subsection local, regional,or state agency. 163.3167(4)and Section 163.3174,Florida Statutes; (7) Monitoring and Evaluation Requirements. For the (c) The comprehensive plan,element or amendment shall purpose of evaluating and appraising the implementation of be considered and adopted in accordance with the procedures the comprehensive plan, each comprehensive plan and each relating to public participation adopted by the planning governing body deepwater port master plan shall contain a section identifying and the local five-year monitoring, updating and evaluation P 8 agency pursuant to Section 163.3181, be followed in the procedures to Florida Statutes,and Rule 9J-S.004 of this chapter.The local Preparation of the required five-year,seven- government shall submit with its initial transmittal,pursuant year,ten-year or twelve-year evaluation and appraisal reports to Subsection 163.3167(2), Florida Statutes, and subsequent as described in Rule 9J-5.0053. That section shall address: transmittals pursuant to Section 163.3191,Florida Statutes,a (a) A description of the public participation process used copy of the procedures for public participation that have been by the local government in preparing the report; adopted by the local planning agency and the governing body; (b) Updating appropriate baseline data and measurable (d) The comprehensive plan and any comprehensive plan objectives to be accomplished in the first five-year period of amendments shall be transmitted after formal action by the the plan, and for the long-term period; governing body in accordance with the provisions of Sections (c) Accomplishments in the first five-year, seven-year, 163.3184 and 163.3187,Florida Statutes,and the procedural ten-year, or twelve-year reporting period, describing the de- rule adopted by the Department pursuant to Subsection gree to which the goals,objectives and policies have been suc- 163.3177(9),Florida Statutes; cessfully reached; (e) The comprehensive plan shall not be amended more (d) Obstacles or problems which resulted in under- than two times during any calendar year except in the case of achievement of goals, objectives,or policies; amendments directly related to developments of opine regional im- (e) New or modified and reformulated goals,objectives, pact pursuant to Section 380.06, Florida Statutes, Florida or policies needed to correct discovered problems;and Quality Developments pursuant to Section 380.061, Florida (f) A means of ensuring continuous monitoring and Statutes, and small-scale development activities pursuant to 12 RULE 9J-5 Paragraph 163 3187(1)(b), Florida Statutes. In order for an (10)Duplication of Regulations. When a federal, state. amendment to be exempt from the twice-a-year amendment or regional agency has implemented a regulatory program. restriction under the development-of-regional-impact provi- the department shall not require a local government to dupli- sion.the amendment must have been transmitted and adopted cate that regulatory program in its local comprehensive plan as provided by law. The comprehensive plan, elements and SPECIFIC AUTHORITY. 163.3177(9).(/0)FS amendments shall be adopted by ordinance and only after the LAWIMPLEME,\7ED.163.3167,163.3171.163.3171.163.3177.163.3181. public hearings required by Paragraph 163.3184(15)0), 163.3181. 163.3187, 163.3191. 1673161 63319I HISTORY—New 3.6-86.Amended 10-2046. Florida Statutes,have been conducted after the notices required 86 11.22 89,3-23-94,s.1e.91. by Paragraphs 163.3184(15Xb)and(c),Florida Statutes. Upon 9J-S.0053 Evaluation and Appraisal Reports and adoption the local government shall transmit to the Depart- Evaluation and Appraisal Amendments. ment a copy of the ordinance and the required notices; (I) PURPOSE AND INTENT. It is the intent of the Leg- (f) The comprehensive plan shall be evaluated and up- islature that each unit of local government required to adopt a dated as required by Section 163.3191, Florida Statutes,and comprehensive plan pursuant to Chapter 163, Part II, F.S., this chapter. A copy of the adopted report required by Section periodically update its comprehensiveplan throughthe 163.3191, Florida Statutes, shall be transmitted to the De- p P�- ration and adoption of an evaluation and appraisal report partment at the time of the governing body's transmittal of (EAR) and adoption of an evaluation and appraisal report- related amendments pursuant to Subsection 163.3191(4), based plan amendments in accordance with Section 163.3191, Florida Statutes;and F.S. This Rule establishes the procedures and criteria for the (g) A comprehensive plan,element,or plan amendment preparation, transmittal, adoption and sufficie review of applicable to a designated area of critical state concern shallmy local government comprehensive plan evaluation and appraisal not become effective until reviewed and approved as provided reports and evaluation and appraisal report-based plan amend- in Section 380.05, Florida Statutes, and any rules promul- runts submitted pursuant to the Local Government Compre- gated pursuant to that section. pensive Planning and Land Development Regulation Act, (h) A comprehensive plan or plan amendment applicable Chapter 163,Part II,F.S.,and Chapters 9J-5 and 91-33,F.A.C. to the Wekiva River Protection Area, in addition to meeting The purpose of the evaluation and appraisal report is to assess the requirements for compliance pursuant to Section 163.3184, and evaluate the success or failure of the local government's Florida Statutes, must meet the requirements of Section comprehensive plan,including the validity of the projections, Son Act, et seq., Florida Statutes, the Wekiva River Protec- the realisation of the goals and objectives,and the implemen- ti tation of the plan's policies. The report shall also address (i) Local governments may enter into and are encour- changes in local conditions,changes in state and regional poli- aged to enter into joint planning agreements as provided in cies on planning and growth management and through adop- Chapter 163, Florida Statutes. tion of related amendments,to update the local government's (j) A local government may include,as part of its adopted comprehensive plan to address the issues raised in the report plan, documents adopted by reference but not incorporated (2) TRANSMITTAL REQUIREMENTS FOR PRO- verbatim into the plan. The adoption by reference must idea- POSED EVALUATION AND APPRAISAL REPORT. tify the title and author of the document and indicate clearly (a) In accordance with the schedule established in Rule what provision or edition of the document is being adopted. 9J-33, F.A.C., the local planning agency shall prepare and The adoption by reference may not include future amendments transmit a proposed evaluation and appraisal report to the lo- to the document because this would violate the statutory pro- cal governing body for review and adoption,and contempora- cedure for plan amendments and frustrate public participa- neously send a copy to the Department. At a minimum, the tion on those amendments. A local government may include format and content of the proposed report will include a table a provision in its plan stating that all documents adopted by of contents;numbered pages;element headings;section head- reference are as they existed on a date certain. Unless dost- ings within elements;a list of included tables,maps and fig- ments adopted by reference comply with Rule 9J-5.005(2)(8), ures; titles and sources for all included tables, maps and fig- FA.C.,or are in Florida Statutes,Florida Administrative Code, ures;where applicable,maps shall include major natural and United States Code,or the Code of Federal Regulations,cop- man-made geographic features, city, county and state lines; ies or summaries of the documents shall be submitted as sup- maps shall contain a legend indicating a north arrow, map port documents for the adopted portions of the plan or plan scale and date;a preparation date;,and the name of the prepare:. amendment. (b) The proposed evaluation and appraisal report will (9) Recognition of Private Property Rights and Vested assess and evaluate the success or failure of the local Rights. The Department recognizes private property rights government's adopted comprehensive plan,including the va- created by law and guaranteed by the State and Federal Con- lidity of the projections,the realization of the goals and objec- stitutions and the existence of legitimate and often competing tives, and implementation of the plan's policies. The pro- public and private interests in land use regulations and other posed evaluation and appraisal report shall also address government action. Local governments may include appro- changes in local conditions; the effect on the comprehensive priate provisions in their plans for the recognition of statutory plan of changes to: the state comprehensive plan, Chapter and common law vested rights. 163, Part II, F.S., Chapter 91-5, F.A.C., and the appropriate 13 RULE 9J-5 strategic regional policy plan; suggest changes needed to up- with the public participation procedures in accordance with date the comprehensive plan, elements. or portions thereof; the public participation requirements ofSection 163.3181.F.S. suggest reformulated or additional goals. objectives, policies, and Rule 91-5.004, F.A.0 maps, schedules, and procedures; and otherwise address the (d) A local governing body may requirements specified in Section 163.3191,F.S.,and this Rule evaluation and appraisal report transmittedby the adopt local Chapter. (c) The local planning agency shall preparefling agency 1n advance of the submittal date established by report in conformityhp with the public its proposed Rule 9J-33, F.A.C., in accordance with the Early Submission participation procedures requirements therein. that were adopted by the local planning agency in accordance (e) If the local governing body with the public participation requirements of Section 163.3181, an evaluationueand estab- F.S.,and Rule 9J-5.004, appraisal report more than 90 days prior to the due date(a) A local lpla0 F.A.C.A.0lished in Rule 9J-33, F.A.C., for the adoption of the agency may,at the direction of the the local governing body shall alsoreport, local governing body, and in accordance with Section dendum to the adopt submitthisan ad- local F.S., prepare and transmit an evaluation and tins. appraisal report m 00�oty � subsec- appraisal report in advance of the transmittal date established by Rule 91-33,F.A.C., in accordance with the EarlySubmis- changesAt a minimum,the addendum shall relevant cion requirements therein. in local conditions, the state comprehensive plan, (e) Ife local planningagency Chapter 163,Part II,F.S.,the requirements of g ncy transmits an early evalua- F.A.C., and the applicable strategicChapter 9J-at tion and appraisal report,the local planning agency shall trans- nt regional policyplan that mit, in conformity with the schedule established by Rule 9J- andteappraisal to adoption of the earlier evaluation 33, F.A.C., an addendum which, at a minimum, addresseparticipation,public notice, changes in local conditions,relevant changes in the state nom- and adoption requirements established for the submittal of the rehensive l the requirementsadopted evaluation and appraisal report must be followed when P Pan, of Section 163.3191, F.S., submitting the addendum to the adopted report. the requirements of Chapter 9J-5,F.A.C.,and applicable stra_ tegic regional policy plan changes that occurred (g) All evaluation and appraisal report materials,indud- tthe adoption of thy earlier evaluation and subsequent lag graphic and textual materials, maps,support meats SUBMITTAL REQUTItEMEN'I'S FOR ADOPTED isal report. including the g Viand analysis,a submrttal letter from the desig- (3)EVALUATION AND APPRAISAL REPORT: governing body stating the dates on which the (a) Within 90 days after receiving the proposed evalua- local government held the requisite public hearings, and a tion and appraisal report from the local planning age the ted copy oe the adoption ordinance or resolution shall be submit- local governing body shall °�'' �Y to: adopt,or adopt with changes, the Florida Department unity Affairs proposed evaluation and appraisal report Within 10 working Bureau of Local Planning.Room 252 days of adoption of the report,the local governing body shall submit three copies of the adopted Plan CenterProcessie Team-EAR e REVIEW (b) The adoptedreport to tlx Department. 2740 Centerview Drive • evaluation and appraisal report will as- Tallahassee,Florida 32399-2100 sess and evaluate the success or failure of the local (4) CRITERIA FOR DETERMINING government's adopted comprehensive plan,including the va- OF ADOPTED EVALUATIOAPPRAISAL RE lidity of the projections, and the realization of the goals and PORTS. objectives,implementation of the plan's policies. The adopted (a) Within 30 days of receipt of an adopted evaluation evaluation and appraisal report shall also address changes in and appraisal report or addendum,the re- local conditions; the effect on the comprehensive plan of view theshall - changes to: the state comprehensive plan, adopted report to determine its sufficiency. A�. II, F.S., Chapter 9J-5, F.A.C., and the appropriate 163,Partc di ereatshall not be a compliance review,but shall be a regional policy plan; changes needed to updatestrategic determination that: hensive the compre- timely, report or addendum was and submitted plan,elements,or portions thereof include reformu- lated or additional goals, objectives, policies, maps, sched- tiles,and procedures;and otherwise address the 2' the adopted report or addendum addresses all the req- requirements uisrte provisions of Section 163.3191. FS., including the re- specified in Section 163.3191, F.S., and this Rule Chapter quirements of subsections 163.3191(2),(3),and(6),F.S.,act When evaluation and appraisal report-based amendments to this Rule Chapter. the comprehensive plan do not occur simultaneously with the adoption of the evaluation and a sisal (b) A local government may request that the Department inclto a schedule for adoption report, the report shall provide substantive comments regarding the report or men_ option of evaluation and appraisal dum during the Department's sufficiency report-based amendments within 1 year after the report or local government in the adoption of its evaluation aned ap- addendum is adopted unless a six-month extension is granted praisal report-based plan amendments Comments provided by the department. during the sufficiency review will not be binding on the local (c) The local governing body shall adopt,or adopt with government or the Department, changes, the evaluation and appraisal report in conformitythe and will not supplant or limit Department's consistency review of the adopted EAR-based 14 RULE 9J-5 amendments. A request for comments must be made in writ- department. ing by the local government and must be submitted at the (b) All evaluation and appraisal report-based plan same time the adopted report is submitted for sufficiency re- amendments. including amendments adopted pursuant to an view. addendum, shall be adopted in accordance with the proce- (c) Upon completion of its sufficiency review, the De- dures contained in Sections 163.3184, 163.3187,and 163.3189. parunent will notify in writing the local governing body of its F.S.,and shall be subject to compliance review as that term is sufficiency determination. defined in Section 163.3184(1)(b), F.S. (d) If the Department determines that the adopted report (c) Notwithstanding the requirements of subsection(1) or addendum sufficiently addresses the requisite provisions of of this section, a local government may adopt its evaluation Section 163.3191,F.S., and this Rule Chapter, the local gov- and appraisal report-based plan amendments simultaneously ernment shall proceed with adoption of plan amendments nec- with the adoption of its report or addendum. An evaluation essary to implement the recommendations in the report or and appraisal report adopted simultaneously with the local addendum.and may proceed with plan amendments in addi- government's adoption of the report-based plan amendmems tion to the evaluation and appraisal report-based plan amend- shall be adopted in accordance with Sections 163.3187(5)and ments. 163.3191, F.S.,and this Rule Chapter,including the require- (e) If the local planning agency fails to transmit its evalu- ments for public notice and public hearings. The adoption of ation report or addendum to the Department by the established a report simultaneous with the adoption of report-based plan transmittal date, or if the local governing body fails to adopt amendments shall not act as a bar to, or limitation on, the the evaluation and appraisal report by the established adop- effect of the Department's sufficiency review of the adopted tion date,the local governing body is prohibited from amend- report, nor may the Department waive its responsibilities for ing its comprehensive plan until such time as the local gov- review of such report. Evaluation and appraisal report-based erring body adopts and submits an evaluation and appraisal plan amendments adopted simultaneously with the local report or addendum that the Department determines suffi- government's adoption of its report shall be adopted in ac es- ciently addresses the requisite provisions of Section 163.3191, dance with Sections 163.3184, 163.3187,and 163.3189,F.S., F.S., and this Rule Chapter. If the Department determines and shall be subject to compliance review that the adopted report or addendum is not sufficient because (6) EVALUATION AND APPRAISAL REPORT MINN1- it fails to address the requirements of Section 163.3191,F.S., MUM CRITERIA. and this Rule Chapter,the local governing body is prohibited (a) The evaluation and appraisal report shall include an from amending its comprehensive plan until such time as the evaluation and assessment of the success or failure of the lo- local governing body adopts and submits an evaluation and cal government's adopted comprehensive plan,including the appraisal report or addendum that the Department determines validity of the projections, the realization of the goals and sufficiently addresses the requisite provisions of Section objectives,and the implementation of the plan's policies. The 163.3191,F.S.,and this Rule Chapter,except for plan amend- evaluation and appraisal report shall also address changes in ments to implement recommendations in the adopted evalua- local conditions; the effect on the comprehensive plan of tion and appraisal report or addendum. changes to: the state comprehensive plan,Chapter 163,Part (f) If local governments are prohibited from amending II, F.S., Chapter 91-5, F.A.C., and the appropriate strategic the comprehensive plan pursuant to Rule 9J-5.0053(4Xe), regional policy plan; changes needed to update the compre- F.A.C.,then during the time period of the prohibition starting hensive plan, elements, or portions thereat reformulated or subsequent to the submission date specified in Rule 91-33, additional goals, objectives, policies, maps, schedules, and F.A.C.,amendments will not be processed by the Department, procedures;and through adoption of report-based plan amend- and will be returned to the local government except for plan ments,update the local government's comprehensive plan to amendments to implement recommendations in the evalua- address the issues raised in the report and otherwise address tion and appraisal report. In order to secure review thereafter, the requirements specified in Section 163.3191,F.S.,and this the local government may resubmit the amendments in actor- Rule Chapter. The report shall contain appropriate statements, dance with the requirements of Sections 163.3184, 163.3187, including data,analysis and conclusions,using words,maps, and 163.3189, F.S., following a determination that the local illustrations,schedules,or other graphic formats that address government's evaluation and appraisal report or addendum is the following: sufficient. 1. Condition of Each Element at the Time of Adoption, (5) ADOPTION OF EVALUATION AND APPRAISAL which shall include summaries of data and analysis from each REPORT AMENDMENTS• element of the existing adopted plan. (a) Except when a local governing body submits its 2. Condition of Each Element at the Date of Report amendment simultaneously with its evaluation and appraisal a. Summaries of each element describing current con- report, within one year of adoption of an evaluation and ap- ditions; praisal report, and within one year of adoption of an adden- b. A sumrtrary of all land use text and map amendments dum to the earlier report, the local government shall amend and all other major text amendments made to the plan; its comprehensive plan based upon the recommendations con- c. A new existing land use map and table of existing tamed therein unless a six-month extension is granted by the land uses for current conditions as of the date of the report; 15 RULE 9J-5 d. A new existing traffic circulation map; and c. Revised future conditions maps; e. A summary of the condition and quality of all natu- d. New capital improvements element; rat resources. e. Other actions,such as monitoring and evaluation pro- 3. Comparison of the Plan's Adopted Objectives with cedures; and Actual Results, which shall include comparison of the objec- f. Studies to be completed. fives. including specific and measurable targets, to the actual 8. Identification of Proposed or Anticipated Plan results and conditions. Determine whether the objective was Amendments to Address or Implement the Identified Changes achieved. a. Identify proposed or anticipated plan amendments: 4. Major Problems of Development, Physical Deterio- and ration, Location of Land uses and the Social and Economic b. Provide a schedule for transmittal and adoption of Effects of the Major Problems Identified the plan amendments identified in the previous section. a. The accuracy and use of the population projections; 9. The Public Participation Process,which shall include b. Actual vs. anticipated rate of development; a description of the c. The effect of concurrency requirements; pon public ta> 0° process used in the the report. d. The maintenance and/or achievement of adequate SPEC UTH RITY ..012 535.163.3177(9),163.3187(5),163,3191(8), Level of Service Standards; 163.3191(10),F.S e. Coordinating with development the provision ofptrb- LAW IMPLEMENTED: 163.3187(5),163.3191,F.S NlSTORY—New 3.23-9I,Amended 5-18-94. lic facilities and services; f. The actual vs. projected revenues and expenditures 9J-5.0055 Concurrency Management System. regarding capital improvements; g. The generation and status of new revenue sources; The purpose of the concurrency management system is to h. Physical deterioration of public buildings, establish an ongoing mechanism which ensures that public infrastructure,hrecreationdeterioration facilities, and utilities, facilities and services needed to support development are avail- for replacement or rehabilitation; Pte, and need able concurrent with impactsof such development i. Physical deterioration of buildings and structures in (1) GENERAL REQUIREMENTS Each local govern- the commercial and industrial land use p meat shall adopt,as a component of the comprehensive plan, �gories; objectives, policies and standards for the establishment of a j. Physicsl deterioration of the housing stock, includ- ing mobile homes; con7encY management system. The concurrency manage. k. The location of development with remeat system will ensure that issuance of a development order infrastructure; > to existing or development permit is conditioned upon the availability of 1. The location of development in relation to where de- public facilities and services necessary to serve new develop- meat,consistent with the provisions of Chapter 163,Part II, velopment was anticipated in the adopted plan, such as within F S., and this Rule. The concurrencymanagement system areas designated for urban growth; shall include: m. The location of development in relation to its corn- main- patibility with safety and evacuation in coastal high hazard (a) A requirement that the local government shall a ; fain the adopted level of service standards for roads,sanitary n. The location of development in relation to the main- sewer,solid waste, drainage, potable water, parksand recre- tenance of environmentally sensitive areas;and anon,and mass transit, if applicable. Im- o. The social economic effects of the major carob- (b) A requirement that the local government Capital Im- lems previously identified andprovements Element,as providedSection 91-5.016 of this by providing a description of the cohapter, that set forth a financiallbyeasible plan which dem- effects.5. Unanticipated and Unforeseen Problems and r- the adopted level of service standards will be tunnies Which Occurred Since Adoption, Oppor- and maintained. a description of the unforeseen problems and/or shall include (c) A system for monitoring and ensuring adherence to and their impact on the comprehensive pian. opportunities the adopted level of service standards,the schedule of capital improvements,and the availability of public facility capacity6. Effect on the Local Comprehensive Plan The report shall acsPss the consistency of the comprehen- (d) Guidelines for interpreting and applying level of ser- sive plan with: P vice standards to applications for development orders and de- s. Changes to State Comprehensive Plan since 1985; velopment permits and determining when the test for b. Changes to appropriate strategiccon regional be met. The latest point in the application P regional policy plan; process for the determination of concurrency is prior to the c. Changes to Rule 9J-5,F.A.C.;and approval of an application for a development order or permit d. Changes to Chapter 163,Part II, F.S. which contains a specific plan for development,including the 7. Identification of Any Needed Actions to Address the densities and intensities of development. Planning Issues Raised in the Report a. New revised,minimum 5-year and minimum 10- ear (e) A requirement that the local government shall adopt y land development regulations which specify and implement timeframes and population projections; b. New and revised goals, objectives and policies; provisions of the concurrency management system and, as a minimum, provide a program that ensures that development 16 RULE 9J-5 orders and development permits are issued in a manner that (3) MINIMUM REQUIREMENTS FOR CONCUR- will not result in a reduction in the levels of service below the RENCY. Every junsdiction shall maintain a concurrency man- adopted level of service standards for the affected facility. agement system to ensure that public facilities and services to (2) LEVEL OF SERVICE STANDARDS support development are available concurrent with the im- (a) For the purpose of the issuance of development or- pact of development, consistent with the provisions of this ders and development permits,local governments must adopt Chapter. level of service standards for public facilities and services lo- (a) For sanitary sewer, solid waste, drainage, and po- cated within the area for which such local government has table water facilities, at a minimum,a local government shall authority to issue development orders and development per- meet the following standards to satisfy the concurrency re- mits. For the purposes of concurrency, public facilities and quirements: services include the following for which level of service stan- 1. A development order or permit is issued subject to dards must be adopted under Chapter 91-5, F.A.C.: the condition that,at the time of the issuance ofa certificate of 1. Roads, Rule 9J-5.007(3Xc)1. occupancy or its functional equivalent,the necessary facili 2. Sanitary sewer, Rule 9J-5.011(2)(c)2.a and services are in place and available to serve the new develu l- 3. Solid waste, Rule 9J-5.011(2)(c)2.b. opment;or 4. Drainage,Rule 9J-5.011(2)(c)2.c. 2. At the time the development order or is- 5. Potable water, Rule 9J-5.011(2)(c)2.d. sued, the necessary facilities and services are permit 6. Parks and Recreation, Rule 9J-5.014(3)(c)4. an enforceable development guaranteed in 7. Mass transit,'Rule 9J-5.008(3)(c)1., if of agreement, pursuant to Section applicable. 163.3220,F.S.,or an agreement or development order issued 8. Roads and public transit,Rule 91-5.019(4Xc)1. pursuant to Chapter 380, F.S., to be in place and available to (b) A local government, at its option, may make addi- serve new development at the time of the issuance of a certifi- tional public facilities and services subject to the concurrency cate of occupancy or its functional equivalent. [Section management system. Level of service standards of such addi- 163.3180(2)(a),F.S.] tional facilities must be adopted in the local government corn- (b) For parks and recreation facilities,at a minimum,a prehensive plan. If a local government desires to extend the local government shall meet the following standards to satisfy concurrency requirement to public schools,it should first corn- the concurrency requirement: plete a study to determine how the concurrency requirement 1. At the time the development order or permit is is- is to be addressed and implemented by the local government, sued,the necessary facilities and services are in place or un- school board and all other parties responsible for school fa- der actual construction;or cilities. [Section 163.3180(1),F.S.] 2. A development order or permit is issued subject to (c) For facilities on the Florida Intrastate Highway Sys- the condition that,at the time of the issuance of a certificate of tern as defined ins 338.001 F.S.,the local governments shall occupancy or its functional equivalent,the acreage for the nec- adopt the level of service standards established by the Depart- essary facilities and services to serve the new development is ment of Transportation by rule. For other roads local govern- dedicated or acquired by the local government,or funds in the ments shall adopt adequate level of service standards. These amount of the developer's fair share are committed;and level of service standards shall be adopted to ensure that ad- a. A development order or permit is issued subject to equate facility capacity will be provided to serve the existing the conditions that the necessary facilities and services needed and future land uses as demonstrated by the supporting data to serve the new development are scheduled to be in place or and analysis in the comprehensive plan. [Section under actual construction not more than one year after issu- 163.3180(10),F.S.] ance of a certificate of occupancy or its functional equivalent (d) A local government may desire to have a tiered,two- as provided in the adopted local government 5-year schedule level approach for the level of service standard. To utilize a of capital improvements,or tiered approach, the local government must adopt an initial b. At the time the development order or permit is is- level of service standard as a policy to be utilized for the pur- sued,the necessary facilities and services are the subject of a pose of the issuance of development orders and development binding executed agreement which requires the necessary fa- permits. A second policy may be included which adopts a cilities and services to serve the new development to be in higher level of service standard by a date certain to be utilized place or under actual construction not more than one year for the purpose of the issuance of development orders and per- after issuance of a certificate of occupancy or its functional rnits.The specific date for this second policy to become effec- equivalent;or tive must be included in the plan. The plan must set forth the c. At the time the development order or permit is is- specific actions and programs for attaining the higher level of sued, the necessary facilities and services are guaranteed in service by the specified date. If the identified actions and an enforceable development agreement, pursuant to Section programs are not attained by the specified date,the local gov- 163.3220, F.S.,or an agreement or development order issued ernment comprehensive plan must be amended to specify the pursuant to Chapter 380, F.S., to be in place or under actual level of service standard that will be utilized and be binding construction not more than one year after issuance of a certifi- for the purpose of the issuance of development orders and per- cafe of occupancy or its functional equivalent. [Section its. 163.3180(2)(b), F.S.] 17 1 RULE 9J-5 (c) For transportation facilities (roads and mass transit minims impact and may not be sub t to the designated in the adopted local government comprehensive requirements of Rules 9J-5.0055(3Xcc)1.-4. of this Chapter plan). at a minimum, a local government shall meet the fol- only if all of the following conditions are met: lowing standards to satisfy the concurrency requirement, ex- a. The development proposal is for an increase in den- cept as otherwise provided in subsections (4)-(7)of this Sec- sity or intensity of less than or equal to twice the density, or tion. intensity of the existing development,or for the 1. At the time a development order or permit is issued, of a vacant developmentolethan the necessary facilities and services are in place or under con- four dwellingguunits of land,acre a residential a idendenst a f less than struction: or per or, for nonresidential uses, at an intensity of less than 0.1 floor area ratio. Isolated vacant lots 2. A development order or permit is issued subject to in predominantly built residential areas where the conditions that the necessary facilities and services needed a single family house wound be the most suitable construction be to serve the new development are scheduled to be in place or developed for single y under actual construction not more than threefamily under the si tninimis ance of a certificate of occupancyyears after issu- exception even if smaller than one quarter acre in size. or its functional equivalent b. The transportation impact of the proposed develop- as provided in the adopted local government five-year sched- meat alone does not exceed 0.1 ule of capital improvements. The schedule of capital improve- vice volume at theint of the maximum ser-may recognize and include transportation ro' wed level of service standard for the eluded in the first three years of the P j�s'rn- peak hour of the affected transportation facility applicable,adopted Florida c. The cumulative total Department of Transportation five year work program. The de minimus exemptionsdoes not three petransportationa pe impact from the Capital Improvements Element must include the followingpercent of the policies: maximum service volume at the adopted level a service star. dard of the affected transportation facility if the facility does a. The estimated date of commencement of actual con- not meet the minimum level of service standard, struction and the estimated date of project completion. d. com- b. A provision that a plan amendment is required to prehensive lan poli forgovernment has adopted within it'seliminate, defer, or delay construction of any road or mass tion 163.31 6trng such exemptions. [Sec- transit facility or service which is needed to maintain the ) S.j adopted level of service standard and which is listed in the RENCY LMANAG 'TRANSPORTATION Tb CONCUR. five-year schedule of capital improvements:or SYSTEMS. � correct existing 3. At the time a development order deficiencies in transportation facilities and to set priorities for the necessary time and services are the orrmit is issued, reducing the backlog on transportation facilities, local gov- ingthe necessary agreementsubject of a bind- ernments are authorized to adopt,as a part of the which requires the necessary facili- sive plan, a long-term transportation �preage ties and services to serve the new development to be in place meat system with a up to 10 years that or under actual construction no more than three years after meets the fol! planning period of the issuance of a certificate of occupancy or its functionalowang te4 ,. equivalent;or (a) To implement a bag-term transportation concurrency 4. At the time a development order or management system, a local government must designate in es and services are permit is issued, the comprehensive plan areas where significant back- the necessary facilittime guaranteed in an en- logs presently exist. These arras must be delineated on an forceable development agreement, pursuant to Section adopted comprehensive plan map and must be consistent with 163.3220,F.S.,or an agreement or development order issued other elements of the comprehensive pursuant to Chapter 380, F.S., to be in place or under actual ture land use map. including the fu- construction not more than three years after issuance of a err-tificate of occupancy or its functional equivalent [Section be a(b) The long term conaunenry management system must 163.3180(2xc),F.S.j financially feasiblesystem to ensure that existing - 5. For the ciencies are corrected within the 10 year period and establishpurpose of issuing a development order or priorities for addressing permit,a proposed urban redevelopment project located within accomplished ��facilities.cThis may be a defined and mapped Existing Urban Service Area as estab- improvementsP byo adopting a long-term schedule of capital !;shed in the local government comprehensive plan for transportation facilities for up to 10 years pursuant for the special concurrency districts or areas. The long-term to Section 163.3164(29), F.S., shall not be subject to the schedule of capital improvements must include the� concurrency requirements of Rule 9J-5.0055(3)(c)1.-4.of this tation facilities r- Chapter for up to 110 percent of the ��to correct existing deficiencies as well transportation impact as to accommodate new development,and shall provide a re- generated by the previously existing development For the alistic,financially feasible fundin purposes of this provision,a previously existing development available revenueg system based on currently sources to fund the is the actual previous built use which was occupied and active scheduled improvements. The schedule mugso include the within a time period established in the local government corn- estimated prehensive plan. [Section 163.3180(8),F. S. date of commencement of actual construction and 6. For the J the estimated date of project completion. This schedule may purpose of issuing a development order or be relied on as a basis for issuing development permits which permit, a proposed development may be deemed to have a de meet concurrency requirements in lieu of the provision of Rule 18 RULE 9J-5 9J-5.0055(3)(c)1.-4 of this Chapter. ment areas. Areawide level of service only be (c) A policy in the local comprehensive plan that a plan established for facilities with similar functions�xrving corn- amendment shall be required to eliminate,defer,or delay con- mon origins and destinations. Designation of each transpor- strucuon of any road or public transit facility or service which tation concurrency management area and establishment of is needed to maintain the adopted level of service standard areawide level of service standards within such areas must be and which is listed in the long-term schedule of capital im- supported by data and analysis in the local government com- provements. if established. prehensive plan support document which: (d) As part of a long-term transportation concurrency 1. Demonstrate that the transportation concurrency management system, a local government may adopt policies management areas, as designated, are compatible with and in its comprehensive plan to establish interim level of service further the various portions and elements of the local compre- standards on certain facilities in long-term concurrency areas hensive plan. for the purpose of the issuance of development orders and per- 2. Provide a justification of the size and mits in these districts. The local government may establish a each boundaries°of - transportation concurrency management area for consi schedule for achieving specified improvements in the interim tency with the purpose of this Subsection. level of service standards for intervals of time in the future. 3. Demonstrate that man- The plan should set forth transportation concurrency specific actions and programs in- agement areas as designated contain an integrated and con- cluding a monitoring program for achieving the scheduled netted network of roads and provide multiple,viable alterna- improvements in the interim levels of service. This monitor- five travel paths or modes for common trips. ing program should require that in the event that the identi- 4. Demonstrate the basis for establishing the areawide fled actions and programs are not attained as scheduled, the level of service standards and determine existing and projected local government comprehensive plan should be amended to transportation service and facility that specify the default level of service standards that will be uti- port the established areawide level of service standard. sup- lined and be binding for the purpose of the issuance of devel- 5. Demonstrate that the established areawide level of opment orders and permits. service and other (e) Local governments with a severe backlog of trans- su transpnrtation services and will portation facilities may request the Pport infill development or redevelopment.a planningDepartment's approval for 6. Demonstrate that the planned roadway improvements period of up to 15 years for establishing a long- and other services and programs such as,transportation sys- term transportation concurrency management system which tem management(TSM)and/or transportation demand man- meets the requirements of Subparagraph 9J-5.0055(4)of this agement(TDM)strategies and incentives to use public transit Chapter. A local government seeking such an approval must (such as parking policies and provision of intermodal trans- demonstrate that its transportation backlog for existing level- fers), will accomplish mobility within and through each opment cannot be adequately addressed with a 10-year plan. concurrency management area. In considering such a request,the department's analysis shall (b) Transportation concurrency management areas estab- include a comparison of the circumstances of the requesting lished pursuant to this subsection shall be local government with the general situation facing similarly future conditionsdelineated on ula- the maps, including the future traffic circ situated jurisdictions,using the following criteria: tion 1. The extent of the backl map or transportation map,as applicable,of a loval gov- o& ernment comprehensive plan consistent with this Subsection. 2. Whether the backlog is on local or state roads.. The areawide level of service standards and 3. The cost of eliminatingassociated�- the moo& mum service volumes must be established as policies in the 4. The local government's tax and other revenue rais- comprehensive plan. Transportation concurrency management ing efforts. [Section 163.3180(9),F.S.] areas may transcend jurisdictional boundaries when appro- (5) TRANSPORTATION CONCURRENCY MANAGE- repriate and must be designated in each applicable oomprehen- • MENT AREAS. The purpose of this optional alternative trans- sive plan consistent with the provisions of this Subsection. A portation concurrency approach is to promote infill develop- local government should coordinate with the f ment or redevelopment within selected portions of urban ar- Transportation,and if Departmenti g � applicable, the metropolitan planning eas in a manner that supports the provision of more efficient organization when designating transportation concurrency mobility alternatives, including public transit. As a coordi- management area boundaries. nated approach to land use and transportation development,it (c) The local comprehensive plan shall contain objec- may employ the use of an areawide level of service standard fives and policies which specify actions and programs to pro- and an accommodation and management of traffic conges- mote infill development and redevelopment. A local govern- tion.A transportation concurrency management area is a coin- went shall adopt and maintain an integrated and internally pact geographic area with existing or proposed multiple, vi- consistent transportation, land use, and capital improvement able alternative travel paths or modes for common trips. planning program for each concurrency management area to (a) An areawide level of service standard may be estab- maintain the established areawide level of service standard. lished for specified facilities, and must be maintained, as a (6) TRANSPORTATION CONCURRENCY EXCEP- basis for the issuance of development orders and permits within TION AREAS. The purpose of this flexible transportation one or more designated transportation concurrency manage- concurrency option approach is to reduce the adverse impact 19 RULE 9J-5 transportation concurrency may have on urban infill develop- mull area which meets the criteria of rule 9J-S.0055(6)(a)l.a. ment and redevelopment and the achievement of other goals and b. which is established as a specific geographic area in and policies of the state comprehensive plan,such as promot- the plan, or within an existing urban service area pursuant to ing the development of public transportation. Under limited Section 163.3164(29) F.S., established in the plan as a spe- circumstances, it allows exceptions to the transportation cific geographic area which does not contain more than 40 concurrency requirement in specifically defined urban areas percent developable vacant land. The local comprehensive of a jurisdiction. The exceptions provide flexibility for plan shall contain objectives and policies which specify concurrency management in order to encourage the applica- tions and programsA es tion of a wide range of planning strategies that correspond i to promoteurban redevelopment. Ades" Rap° grated urban redevelopment area may include a Community with local circumstances of a specific geographic area. The Redevelopment Area established pursuant to the Community exceptions apply to all land uses and development and types Redevelopment Act of I969 when these areas exist within an of facilities within expressly excepted areas. Local govern- urban infill area or an ExistingUrban ments must specifically consider the im plan. Area as desig- pacts of the exception rated is the local comprehensive areas on the Florida Intrastate Highway System. 3. A (a) In order to exercise the option of establishing a trans- ernment comprehensive area delineated r e local�n portation concurrency exception area,a local government must within the designated s� forbusiness district downtown revitalization designate in its comprehensive plan a specific geographic area, Section 163.3164(25), F.& The comprehensive planih ll or areas, of transportation concurrency exception, consistent contain objectivesP pro- with the purpose of this Subsection. A proposed development grams to promote specify actions and ation. located in a designated exception area shall not be subject to _ (b) To implement the excep- the requirements of Rule 9J-5.0055(3)(c)1.-4.of this Chapter. tion areas, the fort transportation must be concurrency The designation of a transportation concurrency exception area 1. Theowing transportation concurrency met may include: exception areas, as designated, must be compatible with and further the various 1. A specific geographic area, or areas, delineated in portions and elements of the local comprehensive plan., the local government comprehensive plan for urban infill de- 2. The size and boundaries of each trap velopment pursuant to Section 163.3164(27),F.S. The local concurrencysportatind comprehensive plan shall contain objectives exception area must be supported by data and and policies which analysis in the local god's plan support document specify actions and programs to promote urban infill develop- which demonstrate consistency with the requirements of this meat. An area delineated for urban infill development shall Subsection. A local government should coordinate with the meet the following requirements. Department of T 8 organization and the local metropolitan plan- a. The area contains not more than 10 percent developmin or anization when designating transportation able vacant land. The developable vacant land shall not in- concurrency exception area boundaries. dude water bodies and land designated for conservation use, 3. T natural reservations, public road rights of 0n concurrency exception areas may tran- gh way, public recre- scend jurisdictional boundaries when appropriate and must ation sites,or related activities or uses designated in the local be des/ government's comprehensive plan as unavailable for devel- tent with theedin each applicablehis comprehensive plan cel. opment. provisions of this Subsection. tions,(c) To implement the transportation concurrency excep- b. For areas where residential use is the predominant a local government should adopt as an amendment to type of use comprising greater than 60 percent of the devel- its comprehensive plan, guidelines and/or policies which oped land,the average residential density shall be at least five specify programs to address str dwelling units per gross residentially developed acre of land eas. Theincorporate transportation f needs of suchderange of stra - ar • - 8uidelines°��° a wi use. For areas where nonresidential use is the predominate type of use comprising greater than 60 percent of the devel- gies including,timing and staging plans,parking control and pricing policies, transportation demand management pro- aped land,the average nonresidential density shall be at least grams,transportation system management a floor area ratio of 1.0 per gross nonresidentially developed ity of public programs availably acre of land use. If neither residential nor nonresidential uses ing tools for the p transportation,and utilization of services and fa- comprise - greater than 60 percent of the developedprovision of transportation land, then cilities. both the existing residential use and nonresidential use shall (d) The guidelines and/or policies and programs meet the appropriate density and intensity criteria prescribed mentingaras re • - above. The term"gross developed transportation concurrency exception area as re- acre"shall include all uses quired in the above paragraph(c),if applicable,must demon- associated with the predominant land use including parking, strate by supporting data and analysis, including short drainage, open space, landscaping and other support facili- long range traffic analysis, that consideration has been given des. to the impact of proposed development within the concurrency 2. A specific geographic area, or areas, delineated in exception area on the Florida Intrastate Highway System. the local government comprehensive plan for urban redevel- (7) CONCURRENCY EXCEPTION-FOR PROJECTS opment pursuant to Section 163.3164(26),F.S. The plan must THAT PROMOTE PUBLIC TRANSPORTATION. The pur- show that the urban redevelopment area is within an urban pose of this flexible transportation concurrency option is to 20 RULE 9J-5 reduce the adverse impact transportation concurrency may have (b) The foling natural resources shall be shown on on the promotion of public transportation including goals and the existing land use map or map series: policies of the state comprehensive plan. g 1. Existing and planned public potable water wells and Local governments may exempt projects that promote public transportation as wellhead protection areas ; defined in Section 163.3164(28) F.S., by establishingin the 2. Beaches and shores, including estuarine systems: local comprehensive plan, guidelines and/ policies for the 3. Rivers, bays, lakes, floodplains, and harbors; granting of such exceptions. Those guidelines must demon- strate by supporting data and analysis, that consideration has 4. Wetlands;ndd 5. Minerals been given to the impact of the projects on the Florida Inter- and soils. state Highway System. The (c) The approximate acreage and the general range of guidelines must establish how a density or intensity of use shall be provided in tabular form project will qualify as a project that promotes public transpor- for the gross land area included in each existing land use cat- tation. egory. (8) PRIVATE CONTRIBUTIONS TO LOCAL GOV- ERNMENT CAPITAL IIt�ROVEMENT (d) If determined by the local government to be appro- order to exercise the PLANNING. In prate, educational uses, public buildings and option of issuing a development order or other public facilities may be shown as one landgand permit pursuant to Section 163.3180(11),a local government on the existing land use map or map series. use ory must identify in the comprehensive plan a process for assess- (e) If the local government has determined ing, receiving,and applying a fair share of the cost of provid- to utilize other categories of the public it necessary ing, ing the transportation facilities necessary to serve the proposedprivate use xiland, development. The such categories of land use shall be shown on the existing transportation facilities must be included land use map or map series, and clearly identified in the leg- in a financially feasible five-year Capital Improvement Schell- end. tile adopted pursuant to Section 9J-S.016 of this Chapter. assessment shall have a reasonable relationship to The (f) The existing land use mapor map eried dall: portation impact trans- 1. Indicate the generalized land uses of land adjacent to that is generated by the proposed develop- its boundaries; municipalities shall also indicate unincorpo- ment. SPECIFIC AUTHORITY:163.3177(9),(10)FS rated enclaves located within their corporate limits; UIVIMPLEMEM®:163.3.3)77(,(6),(g1,r�).(10).(11)F.S 2. Identify any anus that fall within a designated area HISTORY MP New 11-II 89 Amended 3-13-9�. of critical state concern, pursuant to Section 380.05, Florida Statutes;and 93-5.0057 Transportation Concurrency Management 3. Identify any existing dredge spoil disposal sites for Areas. coastal counties and municipalities that have dred e RULEMAIING AUTHORITY 163.3177M,(10)FSg spoil !63.3/61(3),163.3177 posal responsibilities. HISTORY-New 4-2-92.R (3) (6).�) (10) (g) Population projections as prescribed in the general cpealed 3-23-9I. requirements section of this Chapter. (2) Land Use Analysis Requirements.The element shall be based upon the following analyses which support the corn- 9J-5.006 Future Land Use ElementThe purpose of the future land use element is the desig- prehensive plan pursuant to Subsection 91-5.005(2). nation of future land patterns as reflected in the oats (a) An analysis of the availability of facilities and ser- objectives and policies use the localg ' vices as identified in the traffic circulation and sanitary sewer; ve plan elements. Future land use government camprehen- solid wale,drainage,potable water and natural groundwater Patterns are depicted on aquifer the future land use map or map series within the element in the datau elements,to serve existing land uses included (1) Existing Land Use Data Requirements.The element rhgvirbments ubdve and land for which develop- merit orders ha�� shall be based upon the following data requirements pursuant e been issued; to Subsection 91-5.005(2). (b) An analysis of the character and magnitude of exist- (a) The following generalized land uses or conditions ng vacant or undeveloped land in order to determine its suit- shall be shown on the existing land use map or map Series: ability for use, including where available: 1. Gross vacant or undeveloped land area,as indicated 1. Residential use; 2. Commercial use; in Paragraph(1)(b); 3. Industrial use; 2. Soils; 4. Agricultural use; 3. Topography; 5. Recreational use; 4. Natural resources; and 6. Conservation use; 5. Historic resources; 7. Educational use; (c) An analysis of the amount of land needed to accom- 8. Public u and modate the population, including: grounds' 1. The categories of land use and their densities or in- 9. Other public facilities; 10. Vacant or undeveloped land;and tensities of use, 11. Historic resources. 2. The estimated gross acreage needed by category,and 3. A description of the methodology used; 21 RULE 9J-5 (d) An analysis of the need for redevelopment includ- 1. Regulation of land use categories included on the fu- ing: ture land use map or map series; subdivisions; si and 1. Renewal of blighted areas, and areas subject to seasonal or periodic flooding; Bnage; 2. Elimination or reduction of uses inconsistent with 2. Provision for compatibility of adjacent land uses; the community's character and proposed future land uses: (e) An analysis of the proposed development and rede- 3. Provision that facilities and services meet the locally con- velopment of flood prone areas based upon a suitability deter- current with shed tthe lim of sets ofce me and that developilable t urination from Flood Insurance Rate Maps, Flood Hazard orders and p of development,tioodn the avail- Boundary Maps,or other most accurate information available. ability of the facilitiesperand servts are ices conditioned tion on et(f) For coastal counties and municipalities with dredgen to serve the pro- ii responsibilities, analysis posed development;and that facilities that provide utility ser- spoil include an anal is of the need for addi- vice to the various land uses are authorized at the same time tional dredge spoil disposal sites through the long term plan- as the land uses are authorized; ning period established in the plan. 4. Provision for drainage and stormwater management, (g) An analysis of proposed development and redeye!. open space,and safe and convenient on-site e opment based on recommendations, deemed appropriate by sidering needed vehicle paridn& traffic flow,con- the local government,contained in any existing or future haz- 5. Provision of mixed land usegnation policies, if and mitigation reports. (3) Requirements for Future Land Use locally desired;Goals,Objectives 6. Protection of l and Policies. potable water wellfields by designating (a) The element shall contain one or more goal state- appropriaten areasand environmentally� uses withinewellhead protea meats which establish the long-term end toward which land 7. rdsfor land; use programs and activities are ultimately directed. Establishment each of land usc for densities or intensi • - (b) The element shall contain one or more ties of use for each future use category; jectives for each goal statement which the req i 8. Identification,pe,designation and protection of histori- ments of Paragraph 163.3177(6)(x), Florida Statutes, and uire- �9suTpuficant properties;and which: Designation of dredge spoil disposal sites for coua- 1. Coordinate future land uses with the ties and municipalities located in the coastal area and include pography and soil conditions and the availability of facilities navigation the criteriaand inleor site t t inlection established ropy ate state with and services. federal districts and other appropriate and 2. Encourage the redevelopment and renewal ofblighted ensure stent sites meet future n es and the public. Siteeelection mitten wall areas; environmental and natural resource 'be consistent with 3. Encourage the elimination or reduction of uses in- lished in the elements of thisplan and meet policies a cog consistent with the community's character and future land uses; and reasonable coati 4. Ensure the protection of natural resources and his- (4) Future Land requirements. toric resources; (4) Future Use Map. S. Coordinate coastal planningarea (a) The proposed distribution,extent,and location of the population densi- following generalized land uses shall be shown on the future ties with the appropriate local or regional hurricane evacua- land use map or map series: tion plan, when applicable; 1. Residential use; 6. Coordinate future land uses by encouraging the elimi- 2. Commercial use; nation or reduction of uses that are inconsistent with any in- 3. Industrial um teragency hazard mitigation report recommendations that the 4. Agricultural use; local government determines to be appropriate; 5. Recreational use; 7. Coordinate with any appropriate resource planning 6. Conservation useti and management plan prepared pursuant to Chapter 380, 7. Educational use; Florida Statutes,and approved by the Governor and Cabinet; 8. Public buildings 8. Discourage the proliferation of urban sprawl; ac grounds; 9. Ensure the availability of suitable land for utilityfa- 9. Other public facilities;and histori- cilities necessary to support proposed development; 10. Historic district boundaries and designated 10. Encourage the use of innovative lnd dvelopment �Y11.significant �t properties meriting Protan regulations which may include provisions for planned unit aries, if any such areasarhave been designated•management oancurrency area bound developments and other mixed land use development tech- (b) The following natural resources or conditions shall 11. Ensure the availability of'dredge spoil disposalbe shown on the future land use map or map series: for coastal counties and municipalities that have spoil sites wellhead protection ar1. Existing and m publicnned potable waterwells and posa! responsibilities. 2. Beaches and shores, including tems; (c) The element shall contain one or more policies for 3. Rivers,bays, lakes, flood plains haine cors; each objective which address implementation activities for the: P `'and harbors; 4. Wetlands; and 22 RULE 9J-5 5. Minerals and soils: and the future land use map and associated objectives and poli- 6. Coastal high hazard areas. cies.represents the focal point of the local government's plan- (c) Mixed use categories of land use are encouraged. If Hing effort. Paragraph (5)(i) describes the unique features used,policies for the implementation of such mixed uses shall and characteristics of each jurisdiction which provide the con- be included in the comprehensive plan, including the types of text of the analysis and which are needed to evaluate the ex- land uses allowed, the percentage distribution among the mix tent,amount or frequency of an indicator and the significance of uses, or other objective measurement, and the density or of an indicator for a specific jurisdiction. Paragraph (5)(j) intensity of each use. recognizes that land use plans generally may be significantly (d) If determined by the local government to be appro- affected by other development policies in a plan which may priate, educational uses, public buildings and grounds, and serve to mitigate the presence of urban sprawl indicators based other public facilities may be shown as one land use category on the land use plan alone. Paragraph(S)(j)describes devel- on the future land use map or map series. opment controls which maybe used (e) If the local government has determined it n by a local government to necessary mitigate the presence of sprawl. to utilize other categories of the public and private use of land, (f) Analysis components Subsection such categories of land use shall be shown on the future land how the analysis components described in Subsections describes5)(h) use map or map series. through(5)(j)are combined in a systematic to (5) Review of Plans and Plan Amendments for Discotu- the presence of urban sprawl indicators. waydetermine aging the Proliferation of Urban Sprawl. (a) Purpose. The (g) Primary indicators Theprimary indicators that a purpose of this subsection is to give plan or plan amendment does not discourage the proliferation guidance to local governments and other interested parties of urban sprawl are listed below. The evaluation of the pres- about how to make sure that plans and plan amendments are ence of these indicators shall consist of an analysis of an • consistent with relevant provisions of the state comprehen- or plan amendment within the context of features and tc eha ac- sive plan, regional policy plans, Chapter 163, Part II, F.S., teristics unique to each locality in order to determine whether and the remainder of this chapter regarding discouraging ur- the plan or plan amendment: ban sprawl, including provisions concerning the efficiency of 1. Promotes,allows or designates for development sub- land use, the efficient provision of public facilities and ser- stantial areas of the jurisdiction to develop as low-intensity, vices, the separation of urban and rural land uses, and the low-density, or single-use development or uses in excess of protection of agriculture and natural resources demonstrated need, (b) Determination.The determination of whether a plan 2. Promotes, allows or designates significant amounts or plan amendment discourages the proliferation of urban of urban development to occur in rural areas at substantial sprawl shall be based upon the standards contained in this distances from existing urban areas while leaping over unde- subsection. veloped lands which are available and suitable for develop- (c) In general. The discouragement of urban sprawl ac- meat. complishes many related planning objectives. The purpose of 3. Promotes, allows or designates urban development this subsection is to provide a general methodology for exam- in radial,strip, isolated or ribbon patterns generally emanat- wing whether or not a plan or plan amendment discourages ing from existing urban developments. the proliferation of urban sprawl. This subsection is orga- 4. As a result of premature or poorly planned conver- nized into twelve paragraphs,Paragraphs(5Xa)through(5)(l). sion of rural land to other uses,fails Nothing in this paragraph (5)shall be interpreted to require conserve natural resources, such as ds,ly floodplains,protecand that a local government submit information beyond the infor- native vegetation, environmentallysensitive� , mation required by other provisions of this chapter. areas, natural (d) Use of indicators. Paragraph(SXg)describes those beaches,groundwater aquifer recharge areas, lakes,rivers,shorelines, bays, estuarine systems,and other significant natu- aspects or attributes of a plan or plan amendment which,when ral systems, present,indicate that the plan or plan amendment may fail to 5. Fails adequately to protect adjacent agricultural ar- discourage urban sprawl. For purposes of reviewing the plan eas and activities,including silviculture,and including active for discouragement of urban sprawl, an evaluation shall be agricultural and silvicultural activities as well as passive agri- made whether any of these indicators is present in a plan or cultural activities and dormant,unique and prime farmlands plan amendment. If an indicator is present,the extent,amount and soils. or frequency of that indicator shall be considered. The pres- 6. Fails to maximize use of existing public facilities and ence and potential effects of multiple indicators shall be con- services. sidered to determine whether they collectively reflect a failure 7. Fails to maximize use of future public facilities and to discourage urban sprawl. services. (e) Methodology for determining indicators. Paragraphs 8. Allows for land use patterns or timing which dispro- (5)(h)through(5)(j)describe the three major components of a portionately increase the cost in time, money and energy, of methodology to determine the presence of urban sprawl indi- providing and maintaining facilities and services, including cators. Paragraph(5)(h)describes how land use aspects of a roads,potable water,sanitary sewer,stormwater management, plan shall be analyzed. The land use element, including both law enforcement, education, health care, fire and emergency 23 RULE 9J-5 response, and general government. 9. Fails to provide a clear separation between rural and comprehensivlop annmavt naffect tDeve Development controls in the urban uses. above. The P determinations in (5)(g) 10. Discourages or inhibits infill development or the re- are included in then compreheng sive plt an, willls,to be evaluated extent to development of existing neighborhoods and communities. determine how they discourage P to 11. Fails to encourage an attractive and functional mix g � sprawl: of uses. 1• Open space requirements. 12. Results in poor accessibility among linked or related 2. Development clustering requirements. land uses. 3. Other planning strategies, including the establish- ment of minimum development density and intensity, age_ 13, Results in the loss of significant amounts of fine- ing the pattern and character of development tional open space. (h) Evaluation of land uses. The com plan4. Phasing of urban land use types, densities, intensiin ties,extent,locations,and distribution over time,as measured be reviewed in its entirety to make the determinations through(S)(g) above. Plan amendments must be rndtvthe permitted changes in ladluse within each urban ally and for their imow- those use category in the plan,and the timing and location of pact on the remainder of the plan. How- thoss e changes. ever,in either case,a land use analysis will be the focus of the review and constitute the 5. Land use locational criteria related to the existing mine an nnd use primary factor for making the deter- development pattern, natural resources and facilities and ser- types cumulatively (within the entire vices. jurisdiction and areas less than the entire jurisdiction,and in proximate areas outside the jurisdiction)will be evaluated 6. Infrastructure extensionncontrols,nand infrastructure on density, intensity,distribution and based maximization requirements and incentives. including an yfunctional relationship, 7. Allocation of the costs of future development based anal sis of the distribution of urban and rural on the benefits received land uses. Each land use type will be evaluated based on: 1. Extent. 8. The extent to which new development pays for itself 2. Location. 9. Transfer of development rights. 3. Distribution. 10. Purchase of development rights. 4. Density. 11. Planned unit development requirements. S. Intensity. 12. Traditional neighborhood developments. 6. Compatibility. 13. Land use functional relationship linkages and mixed 7. Suitability, land uses. 14. Jobs-to-housing balance requirements. 8. Functional relationship. 15. Policies specifying thecumstances under which 9. Land use combinations. future amendments could designate new lands for the urban- 10. Demonstrated need over the plannin (i) Local conditions. Each of the 8 penod izing area land use factors in 16. Provision for new towns, rural villages or rural ac- (5)(h) above will be evaluated within the context of features tivity centers. and characteristics unique to each locality. Theseinclude: 17. Effective functional Bufferin 2. Projected 18. Restriction on buffering requirements' mere, industry,� rate (including population, om- 19. Planning expansion incentives of urban areas and agriculture). strategies and which promote the 3. Projected growth amounts (acres per land use continuation of productive agricultural areas and the egory). cat- tion of environnien per' 4. Facility �y sensitive lands availability(existing and committed). 21. Urban growth . ervice areas. S. Existing pattern of development(built and vested bount cont . including an analysis of the extent to which the existing pat- 22. Access management controls. tern of development reflects urban sprawl. (k) Evaluation of factors. Each of the land use types and 5)(h) above 6. Projectedlopmgrowth is nds osprer he planningland use combinations analyzed in Paragraph period,in- will be evaluated within the context ofthefeatu a and char- eluding the change in the overall density or intensity of urban acteristics of the locality,individual development throughout the jrisdicion• ly and together(as appro- 7. Costs of facilitiesgovernment u seit cespriate), as listed in Paragraph (5)(i). If a local cost over the planning , such as per capita has in place a comprehensive plan found in compliance, the period in terms of resources and en- Department shall not find aplan ems" amendment to be not in cam_ 8. Extra-jurisdictional and regional growth character- pliance on the issue of discouraging urban sprawl solely be- istics. cause of preexisting indicators if the amendment does not ex- 9. Transportation networks acerbate existing indicators of urban sprawl within the 'uris- and use characteristics(ex- diction. J fisting and committed). 0) Innovative and flexible planning and development 10. Geography, topography and various na of the jurisdiction. lural features strategies. Notwithstanding and as meansaof ing an provisions contained in rules 9J-5.006(33)(b 8 g 9 Y 24 RULE 9J-5 5.011(2)(b)3 . 91-5.003(140)and this subsection, the Depart- efficient operating conditions on the roadway network. ad- ment encourages innovative and flexible planning and devel- di tion. this analysis shall consider the ado oopment strategies and creative land use planning techniques In local plans. and n strategies q standards, improvements, expansions and d 1 new facilities urban villages. newPltowns, satellitecommunities,techniques such c-based planned for in the Florida De Y�Transportation Papl n s t Tappropriate 5- allocations. clustering and open space provisions, mixed-use ropolitan planning organic one plans of the appropriate tet_ development and sector planning that allow the conversion of rural and agricultural lands to other uses while protecting tives(aand Policies.3) ments for Traffic Circulation Goals Objec- environmentally sensitive areas, maintaining the economic (a) The element shall contain one or more goal state_ viability of agriculturel and other predominantly rural land meats which establish the long-term end toward uses, and providing for the cost-efficient delivery of public circulation programs which ire j facilities and services, will be recognized as methods of dis- and activitiesniare ultimately directed couraging urban sprawl and will be determined consistent with (b) The element shall contain one or more specific ab- theprovisions of the state comprehensive 1 jectives � each goal statement which address the plan,regional polity ments of Paragraph 163.3177(60, and Flans. Chapter 163, Part II, and this chapter regarding dis- which: couraging the proliferation of urban sprawl. motor- SPECIFIC the AUTHORITY:163.3177(9),(10)1 1. Provide for a safe, convenient and LAW IMPLEMENTED:169.3177 ized and non-motorizedefficient motor- HIS7ORY—New 3-6-86 Amended 10.20-86 4-2.92,3-23-94,548-9I. 2. Coordinate the traffictransportation system; tort land uses shown on the future circulation m with the se- 9J-5.007 Traffic Circulation Element. ries; map or map se- The purpose of the traffic circulation element is to estab- lish the desired and projected transportation system in the ju- proPnate metropolitan Planning programsof any trans- portation and particularly to plan for future motorized and portation authority, any apany propriate Public " non-motorized traffic circulation systems. Future traffic cir- management plan prepared p resource planning and culation systems are supported by goals, objectives and poli- Statutes,and approved by thea 380,Florida cies,and are depicted on the proposed traffic circulation Florida Department of Transportation's Governor and Cabinet,and the or map series within the element. tion Plan; and 5-Year Transports_ (1) Existing Traffic Circulation Data Requirements.The . 4• Provide for the protection of existing element shall be based upon the following data requirements tights-of-way from building encroachment- and and future pursuant to Subsection 9J-5.005(2). (c) The element shall contain one or (a) The following features shall be shown on an existing each objective which address implementationmore policies for traffic circulation map or map series: 1. Establishment of level ofthe: 1. Collector roads; hour for all roads within the local servicet+ds P 2. Arterial roads; government's jurisdiction as provided by Subsection 9J-5.005(3)and Subparagraph 9J- 3. Limited access facilities;and 5.015(3)(b)3. of this 4. Ports, airports, rail lines, hi Intrastate Ifi Chapter. For facilities on the Florida related facilities. speed lines, and ghway System,the local shall adopt the level of service standards (b) The existing Florida Department of T established Department ransportafioD of Transportation by rule. For all other facilities on the future roadway functional classifications shall be utilized on the ex- governments circulation map or the future istingdards. traffic circulation map or map series. governments shall adopt adequate level otransportation f local (c) The existing traffic circulation map or map series Thi level of service standards shall be service shall identify the number of traffic lanes for each roadway, that adequate faciii nadopted ensure (2) Traffic CirculationMtn/eland; tY esaracitY will be provided� nerve the meat shall be Analysis Requirements. The ele- exis ting and future Land uses as demonstrates by the support- based upon the following analyses which sup- mg data and analysis in the comprehensive alar 2. Control of the connections and access points of drive- port the comprehensive plan pursuant to Subsection 9J- S.00S(2). ways and roads to roadways; (a) An analysis of the existing traffic circulation levels 3. Provision of safe and convenient on-site traffic flow of service and system needs based upon existing design ca- cansidering needed motorized and um--motor zed vehicle pacifies; most recently available estimates for average daily inL trips; and accident frequency data, if available. The analysis 4• Establishment of measures for the acquisition and shall address the need for new facilities,or expansions to pro. preservation of existing and future rights-of-way;and vide safe and efficient operating conditions on the roadway 5. Consideration of bicycle and pedestrian ways in the network; and planning of transportation facilities. (b) An analysis of the projected traffic circulation levels (4) Future Traffic Circulation Map. of service and system needs based upon the future land uses (a) The general location of the following proposed fea- tures shall be shown on the future traffic circulation map or shown on the future land use map or map series, addressing the need for new facilities or expansions to provide safe and map series: 25 RULE 91-5 I. Collector roads; 2. Arterial roads: transit programs and activities are ultimately directed. 3. access facilities; and (b) The element shall contain one or more •t. LimitedPorts. jectives for each goal statement which a airports, re- rail lines, high speed rail lines. and ments of Paragraph 163.3177 7Floridathe es and related facilities. O(a), Florida Statutes, and which: (b) Roadway functional classifications shall be utilized; and may be subdivided into principal, major, or minor levels, I. Address the provision of efficient mass or urban ma ed ruralcategories,pin ipal.determiner'by the local gov- paratransit services based upon existing andtransit and ernment to be appropriate. �P generators and attractors, safe proposed major sit terminals, and accommodationand a spe ialnt mass trap_ (c) The future traffic circulation map or map series shall service of the special needs of the identify the proposed number of lanes for each roadway. 2. population; SP ratify .1UTHORIed/63.3/77Coordinate with any mass transit SPE I.NPLEU£HTED:163.31771(,15(106 PSplansor plans for HISTORY—New 3-6 d6 Amended 10-20-86,3-(8).fyJ.(10) transportation disadvantaged people, with the 23-9I. metropolitan planningappropriate 9J-5.008 Mass Transit Element. authority, qty, the Florida � publicor transportation Transportation Plan;and moa S-Year The purpose of the mass transit element is to provide di- transit Provide for the rection to local governments, protecttionofexistin more, in their rest � Populations of 50,000 or transit rights-of-way and exclusive masa n i frridore maga $nation of future mass transit stem fea- (c) The element traasrt Opolici s• tures. shall contain one or more policies for each objective which address implementation activities for the: (I) Existing Mass Transit Data Requirements. The ele- 1. Establishment of an ment shall be based upon the following data standards for massY locally desired of service Pursuant to Subsection 9J-5.005(2). requirements transit systems which the local govern- ment The followingfeatures merit maintains or improves; • shall be shown on the exist- 2• Establishmenand ing mass transit map or mapseries, or on measures for the acquisition and circulation map or the existing traffic Pt ervation of existing and future mass map series: and exclusive mass transit corridors. transit rights-of--way 1. Mass transit routes or service areas; (4) Future Mass Transit Maps 2. Mass transit terminals;and (a) The general location of the following proposed fea- corridors. or exclusive mass transit tures shall be shown on the proposed mass transit map or map 3. Mass transit rights-of-way idem(b) The existingmap or map series shall ries or on thsee proposed traffic circulation map map se- mass transit tify major trip generators and attractors based upon the 1• Mass transit service arras~ (2) Mass Transit Analysis R 2. Mass transit terminals;and existing land use map or map series. Requirements. The element shall be based 3. Mass transit rights-of-way or exclusive mass transit upon the following analyses which support the corridors. comprehensive plan pursuant to Subsection 9J-5.005(2). (b) The proposed mass and system needsof existing mass transit levels of service identify major triptransit map or series shall based upon the existing number of vehicles, future land use generators and attractors based upon the service(a) An analysis Ices}; and revenue P SPEcmcAUTHO fl y r�M (10 Fa generatorsandcy,ridership,ars; by mode;major tri ,uwI.NP percent of auto ownership;and pope_ HISTORY ®:163.ended1,-fJ.(�(iJ.(o(iy.(3J.NJ.(IOJ lation characteristics including size,income,age and special 6 Ia2o-a� needs;and (b) An analysis of projected mass9J-5.009 Ports, Aviation, and Related FacrTit Ek_ vice and system needs based upon transit levels of ser- meat. on the future land use Po future land uses as shown . The map or map series,and projected purpose ofe the ports,nlocaion, and related popu- lation size and characteristics. In addition, this popu- element is to provide direction to loval governments with pow. 4 analysis shall lations of 50,000 or more,in their designation consider the adopted level of service standards,improvements, aviation,or related facilities system features. expansions, or new of future ports, facilities planned for in the Florida De- ciliti equire- Partrnent of Transportation 5-Year T (1) Ports,Aviation,and Related Facilities Data R the plans of thea appropriate Transportation Plan and ments. The element shall be based upon the following data tion and should,atthe priate metropolitan planning organza- requirements maximum extent feasible as determined Pursuant o es shall be shown 05(2). by the local government government tom- ing (a) The following features be shown on the exist- by the l ca plan, be goverment compatibleadopting theith the local goner and pow aviation,and related facilities map lines of such plans. guide- on the existing traffic circulationap or series,or (3) Requirements for I• Airport facilities includingclear zones obstruct �I Mass Transit Goals,Objectives Policies. and tions; (a) The element shall contain one or more goal state- 2. Port facilities; and ments which establish the long-term end toward which mass 3 Adjacentuses and natural resources (b) A diagram agram shall be provided to: 26 RULE 9J-5 I. Identity the existing points of port or airport facility coastal management and conservation elements; ingress and egress for surface transportation; and 2. Mitigation of adverse structural 2. Identify existing port or airport facility access to all impacts from non-structural adja- other modes of surface or water Pow• s and land, or selated facilities upon adja- w�ays, rail lines, hightransportation including road- cent natural resources and uses; speed rail lines, navigational channels, 3. Protection and conservation of and related facilities. 4. natural resources; (2) Ports. Aviation and Related Facilities Analysis Re- water Coordinated intermodal management of surface and quirements. The element shall be based upon the followingtransportation; and analyses which su 5. Protection of ports,airports,or related facilities from Pport the comprehensive plan pursuant to the encroachment of incompatible land uses. Subsection 9.1-5.005(2). (a) An analysis of existin (4) Future Ports, Aviation, and Related Facilities Map. g ports, airports,or related fa- (a) The general locations of the following citities service demand and system needs based upon passes- tures shall be shown on the proposed re- ger, freight and cargo usage,community needs,and the local fated facilities map or proposed ports,n thaviation, and re- ger, map series,or on the proposed traffic (b) An analysis of proposed ports, sin circulation map or map series: facilities service demand and system needs addressing re -lated 1. Airport facilities and expansions including clear jetted population,future land uses as shown on the future and zones and obsuciion • use map or map series,proposed traffic circulation features as 3, Adjacentojt facilities and expannaturalsions;and shown on the proposed (b) land uses and providedto:resources traffic circulation map or map series, A diagram shall be t and adjacent natural resources;and (c) An analysis of the need for additional dyed e 1• Identify the proposed points of port or airport facility disposal sites for existing and proposed g spoil ingress and egress for surface transportation.;and ports, expansions of 2. Identify pry port or airport facility access to all ports and related facilities,and any navigational maintenance other modes of surface and water dredging transportation including chan- (3) Requirements for Ports, Aviation, and Related Fa- ne and related facilities.roadways, rail lines, h rail lines, navigational cilities Goals, Objectives,and Policies. SPECIFIC A UTHORITr 163.3117 (a) The element shall contain one or more goal state- UA'IMPLEMENTED:16131 77(1), m�j l9J•(10) 23-94 menus which establish the long-term end toward which port, HISTORY—New 3-6 86,Amended!0 FS aviation, and related facilitiesprograms3- timatel di and activities are ul- y rested. 9J-5.010 Housing Element (b) The element shall contain one or more specific ob- The purpose of this element is to provide guidance to 10- jectives for each goal statement which address the require- meet governments to develop appropriate plans and policies to mems of Paragraph 163.3177(7xb), Florida Statutes, and meet identified or projected deficits in the house- which: for moderate Inco low income, Pineply of housing 1. Coordinate the expansionholds,grouphomes,� and very�`income of existing or new facility foster care facilities,and households with siting of ports, airports, or related facilities with the future al housing needs,including rural and worker ac- landhous- use, coastal management, and conservation elements; ing These plansdirection and policies shall address 2. Coordinate the surface tivities as well as provide government e transportation access to ports, forts of the private sector. to the f- airports, or related facilities with the traffic circulation sys- tem shown on the traffic circulation maps or map series; (1) Housing Element Data 3. Coordinate4 The element with any ports,aviation,or related facili- shall be based upon the following data rents pursuant • • ties plans of the appropriate to Subsection 9J-5.00 ports, aviation or related facili- 5(2). ties provider, United States (a) An inventorytaken from the latest decennial United Army Corps of Engineers, Fed- States Census or more recent eral Aviation Administration, metropolitan planning organi- estimates,including the afford- zation, military services, or resource planning and manage- able housing needs as�ssment, when available, which shall menu plan prepared pursuant to Chapter 380,Florida Statutes include the number and distribution of and approved by the Governor and age,rent,value, dwelling unitsupi by type, Cabinet, the Florida De- and moratio,cost of owner-occupied units, partment of Transportation 5-Year Transportation Plan, and and rent or cost to income ratio, the Continuing Florida Aviation System Planning Process as '(b) Each municipality shall compare those housing char- adopted; and acteristics in Paragraph(a)deemed significant by the mtuticii- 4. Ensure that access routes to ports,airports,or related nth'with those housing characteristics of its county facilities are properly integrated with other modes of surface (c) An inventory using data from the latest decennial or water transportation United States Census,or more recent estimates,intruding the affordable housing needs assessment show- (c) The element shall contain one or more policies for t, when available, cat- each objective which address implementation activities for the: ung the number of dwelling units in each of the following egories:lacking complete plumbing; 1. Promotion of ports,aviation,and related facilities de- velopment and expansion consistent with the future land use, facilities; lacking central heating; and overcrowded. The in- ventory shall include locally determined definitions of"stan- 27 RULE 9J-5 dard" and of"substandard" housing conditions and shall in- clude an estimate of the structural condition of housingwithin government agencies to identify problems and opportunities; d local estma a government's structural (f)Means for accomplishment of each of the following: thealized location of dwelling jurisdiction, units ince sat number and gener- 1. The provision of housing with supporting standard and substandard ture for all current and anticipated future residents otnf� - condition. The inventory shall also include the methodology risdiction with used to estimate the condition of housing. �, particular emphasis on the creation or preset_ (d) An inventory of renter-occupied housing develop- tional lation oocal services f rehousing nd a oidmminimize a d for add_ ments currently using federal,state or local subsidies.For each housing units onlyin concentration of affordabk development listed, show the subsidy program, and number ofc areas of the jurisdiction; of units. 2. The elimination housing (e) An inventoryofand for the structural and conditions group homes licensed by the Florida 3. The provision of aesthetic�i g housing Department of Health and Rehabilitative Services, adequate sites for housing for very- the type, number,generalized location and including low-income, alhones; ome ; and moderate-income holds, (f) An inventory of existing mobile and for mobile homes; by the Florida Department of Health and R parks licensed 4. The provision of adequate Rehabilitative Ser- or area of residential c o siros in omeresn and fosterer vices and mobile home condominiums,cooperatives and sub- Floridaand divisions including the generalized locationcare ihcilities licensed or funded by the (g) An inventory ofgeneralized historically and capacity, Health and Rehabilitative Services;and Department°f significant hosing listed. S. The identification of co on the Florida Master Site File, National Register of Historic . rehabilitating or Places or designated as historically significant demolition activities, and historicallycant housing dance with a local ordinance, by or in accor- neighborhoods, or ized locations. and shall include their general- (3) Requirements for Housing Goals,Objectives pog- (h) An inventory of the amount of housingco des. state- activity affecting changes toe the number ohousng units within construction (a) The element shall contain one or more goal state- the local government's jurisdiction based on new construe- intents which establish the long-term end toward which hou:- tion.conversions,mobile home placements,and g programs and activities are ultrmatuy direr oh- number of units for the years since the latest decennialremOUnited (b) The element shall contain one or more specific States Census. jectives for each goal statement which address the require- (2) Analysis R menu ofParagraph I63.3177(6)(f),Florida be based upon Housing Requirements. The element shall provide for: Statutes,and which following analyses which support the compre- 1. The creation and/or hensive plan pursuant to Subsection 4J-5.005(2). preservation of affordable hour. (a) A projection of the anticipated number of m8 for all current and anticipated future residents of the by size and income range households diction,and households with Jdi tions ing derived from the population projec- rural and farmworker housing; g needs including Paragraph 9J-5.005(2Xe); (b) The housing need of the current and anticipated fu- 2. The elimination of substandard housing conditions, ture residents of the jurisdiction, Pa and for the structural and existing lag assessmenJtui including an affordablehour- tausirtg; _,.. — m of ing needs as need assessment, for ruran l andavailable,and including separate 3. Adequate sites and di t i o ofsto�butioe of number, ,cost or rent,tenure, spechouseholds,al hous- �-income,low-income and income very- estimates and shall include estimates for the replacement of adequatesites fits in re and R uud r ' housing units removed and for the mainteaanoe of an Adequate sites in residential arae:or areas of vacancyresi- rate. Each local government shall utilize the data dentia! character for group homes and titer care facilities analysis rate. from the state land licensed or funded by the Florida housing needs assessment as one for the ordable Rehabilitative Services; DePartmerd of Health and mens. The local at itshousing ale- S. The conservation, rehabilitation or demolition of own needsgovernment, option, may conduct its housing, including the identification of historically assessment,provided that it uses the methodology cant hosing; - established by DCA in its rules; (c) The land requirements for the total6. Relocation housing;and ing need; estimated hour' 7. The formulation of housing implementation pro- d) The portion of the housing need which can be pro- grams. jetted to be met (c) The element shall contain one or more policies for by the private sector within current market each objective which conditions.The housing expected to be supplied shall be shownInvolvement, includressding ig implementation activities c for the: by type, tenure,cost or rent,and income range of households ernment with the private and n non-profitsectors to improve served; partnerships, of local gov_ coordination amongp eve (e) The existing housing delivery system, including the tion; Participants evolved in housing produc- (e) sector housing delivery process, with regard to land, 2. S ifsro services, financing, process regulations and administrative roles of miningP and minimini and actions to streamline the per_ mrze costs and delays for housing, 28 RULE 9J-5 especiall affordable housing; ; 3. Establishment of standards addressing the quality of areas within other governments legovernmen provide s facilities al serveo housing.stabilization of neighborhoods and identification and address those facilities in the data and analysespare also improvement of historically significant housing; this subsection, using data from the comprehensive plan for 4. Establishment of principles to guide conservation,re- those and demolition ro areas for the purpose of projecting facility needs as re- habilitationp 8Tan► techniques and strate- quired inthis subsection. gies: S. Establishment of principles and criteria (c) For shared facilities,each local goverment shall in- location of housing for very-low-income,low-income and mod- servere the proportional capacity of the systems allocated to erase-income households,mobile homes, its jurisdiction. manufactured homes, (d) Public and private sanitary group homes and foster care facilities, and households with facilities, sewerbfacilities,esolid Wass special housing needs including rural and farmworkerdrainage 9J-5.003 shall be identified.water facilities, as holds. and including supportinginfrastructure house- defined in Section shall identified. chides. cttrrr and public fa- (e) The following data shall be included for the facilities identified above: 6. Establishment of principles and criteria consistent with Chapter 419, F group homes f S., guiding the location ofT entity having operational responsibility for the and foster care facilities licensed or funded by the facility; Florida De- 2. The geographic service area of the facili partners of Health and Rehabilitative Services that foster non- predominant ty and the discrimination, and encourage the development of commu- desig eland uses served by the facility, miry residential alternatives to institutionalization including3. The design apacit,�of the facility; 4• The current demand on the facility qty,and supporting infrastructure and public facilities; 7. Utilization of federal, state and local subsidy pro- S• The level of service provided by the facility • grams: (t) Existing and projected sanitary sewer, solid waste, 8. The utilization of job drainage and potable water facility needs shall be identified noetic solutions utadoes a training,job creation and eco- based on the following analyses: portion of their affordable hous- I. A facility ing concerns is an optional policy encouraged by s. capacity �� by geographic 163.3177 erns1.g.; area, indicating cep tY surpluses and de8ci f service a. Existingconditions, deficiencies for. ca- 9. Provision of relocation housing;and based on the facility design 10. Confirming current arrangements with other local parity and the current demand on the facility qty; governments concerning affordable housing. If it is not eco. b. The initial increment of the planning period,at least nomically feasible to meet affordable housingfive years in length,based on the projected demand at current jurisdiction because of unusuallyeneeds within its local level of service standards for the jitsurisdiction jurisdiction,or if meetinghigh property values within development permitted by local facility,resultingeprojected from that demand within its jurisdic- government, the fuur tion would require the direction of populations toward Population, land use distributions as indicated in the future high hazard areas, a local government coastal land use element,and available surplus capacity identified in may satisfy this critc- the existing conditions capacity analysis;and don by having entered into an interlocal agreement with a c. The remaining increment of the planning period, in nearby local goverment;and 11. Designating within its jurisdiction sufficient sites at tithe same manner as the initial incremental capacity analysis, sufficient densities to arca ing the appropriate projected papulation and future land accommodate the need for affordable use distributions for the increment and any available surplus housing over the planning timeframe. SPECInCAUTHORITE 163.3177 caan incremental identified in the initial five-year increatal ceps_ N).(IO)� EMFM®:163.3177(1),(5),(6)0.(10.(9).(i 0)F1 ity an LAW/,NPL 2. The general performance of existing HISTORY—Nei 3.6-86.Amended 10-20-84 3-23-94,5-18-94. facilities,based on best available data,evaluating the adequacy of the current 9J-5.011 Sanitary Sewer, Solid Waste, Stormwater level of service provided by facilities, the general condition Management, Potable Water and Natural Groundwater and expected life of the facilities,and the impact of the faciii- Aquifer Recharge Elementties upon adjacent natural resources; The public fact i and serviurpose of the clement is to provide fores correlated to future laandnuse pm- ties sewer,solid waste, sums and of the opportunities for jections. Pdrainage and potable water faciJi_ ties replacement,expansion and new facility siting;and (1) Sanitary Sewer, Solid Waste, Stormwater Manage- d An analysis of soil surveys for areas served ment, Potable Water, and Natural Groundwatertanks and an e septic Aquifer Re- xplanation of suitability of those soils for such charge Element Data and Analysis Requirements. The ele- ment facilities shall be included,based upon best available data from mens shall be based upon the following data and analyses re- the United States Department of Agriculture, Soil Conserve_ quirements pursuant to subsection 9J-5.005(2). tion Service. (a) Each local government shall address in the data and (g) Major natural drainage features and natural analyses required by this subsection those facilities which pro- water aquifer recharge areas within the local ground- jurisdiction shall be identified and a to 8overninent's Pographic map if avail- vide service within the local government's jurisdiction, 29 RULE 9J-5 able shall be included depicting any areas adopted or identi- in formulating water quality ref- ried by the regional water management district governing board erence Chapter 17-25, F.A C�ndarnt and may as pnme or high groundwater recharge areas. P adopt by ref- b. This chapter shall not be innterprettedoor appr lied quality.d : (h) Existing regulations and Programs which govern land I. fa- use and development ting reof natural Mandate that local governmentsre existing 10n f drainage features and ground- diu ties to be retrofitted to meet stotmmwa rd ischarfa water recharge areas, or portions thereof, shall be identified andaand and the strengthsquality standards or drainage level of service a waw eand programs and deficiencies in those regu- ii. Eliminate any in maintaining the functions of the natu- Presumption provided by state or re- lationsnal drainage features and groundwater ret gional law or regulation that stormwa� management assessed. barge areas shall be terns which satisfy appropsYr- state ors'orielapplicable regulatory (2) RequirementsfoSani design and performance criteria also sats age, Water, �y Sewer,Solid Waste,Drain- stormwater discharge water quality aPPticabk age, Potablee Goals, at• , and Natural Groundwater Aquifer Re- w. Prevent local (a) The element shall contaiectives, and n one morepliance with adequate locallygovernments regionally C°m- ments for each of element facilities cresources or goal state- of service standards other or n ' lura element which establish the long-term end t Assad to the criteria°fan the es performance toward whichChapter 1 r discharge F.A.C.,C., shall also s presumed to grams and activities are ultimatelypro- satisfy the stormwater (b) The element shall onehire iv. Prevent local water h'�nii g b jecti(b) fore e e t statementllcontain of the specific ob- erence stormwater management water incorporating by ref- (b) f r each goalin element forweachh facilities or (ions to the extent quality standard exemp- resources ofes Paragraph the a em n c address the require- management water quality��in state orul regional�0 a ( X ), Florida Statutes, and v. laws or regulations. which: Mandate that local governments��water 1. Address existing facility deficiencies ity sampling or testing of stormwater discharge - 2. Address correcting ters to implement the standards receiving on. coordinating the extension of or increase in SPECIFIC AUTHORITY:16331In this S1nbSCCtip� the capacity of, facilities to meet future needs; 77(9). (6 FS 3. Address maximizingexistingL1S70R y IMPLEMENTED:3-64 163.3177(1),(5).RsJ(�l.BJ.(9).(101 FS discouraging the use of facilities and HISTORY—New 3-6.86 Amended 10.20.84 5-1394. gr g urban sprawl; 4. Address conserving potable water resources;and 9J•5.012 Coastal pian 5. Address protecting the functions of ground- agement water recharge areas andThe purpose of this element is to plan for and where ap- natural drainage features. Prolriate restrict development activities where such activities (c) The element shall contain one or more policies for would damage or destroy tx�astal each objective for each of the facilities or resources addresSed man fife and limit expenditures protectsources, and hu- in the element which address implementationto destruction � areas ' 1. . menti activitiesfor: by natural disaster. in Priorities for replacement'cerneaing ex. (1) Local governments required fisting facility deficiencies and providing forcoastal management element are listed by he to preparena nom' future facility titled"Local Goer document en- 2. Establishing and utilizing level of service standards agement Elements in their ComprehensiveR� Include coastal M�- Provided by facilities as utilizing Subsectionservice sdar3) 1, 1986,and available from the Departs t" document and any other corn- and Subparagraph 9J-5.015(30)3.of this Chapter,such as: 10�governments listed in the a. Average and peak flow design capacity for sanitary munities that incorporate subsequent to sewer facilities; the criteria in t' .and meet b. Design capacity for solid waste facilities; a coastal management 380.24,Florida Statutes,shall include c. Design storm return tis; g element in their tares. cilitiesc. capacity; frequency for stomtwater (2) Coastal Management Data And Analysis Require- c. a mems. The element shall be based upon the following data d. Minimum design flow, storage capacity, and pros- and analyses requirements sure for potable water facilities; (a) Existing land usest m bion 9J-5.005(2). 3. Establishing and utilizing potable water conserve- be inventoried. Conflicts amongshoin the te planning area shall tion strategies. Establishing and techniques;and lyzed and the need for p reline uses shall be cede- 4. Regulating developmentprotectvelopment sites shall be r-dePendent and water-related do- SWC land use and to the estimated functions of natural drainage features and natural velopment shall be identified Anin need of redo- ter aquifer recharge areas. groundwa- base of the coastal planning analysis of the economic 5. Establishing water qualityelement shall be included A on the future land use discharge. standards for stormwater map or map series showing at_ isting land uses and detailingexisting a. Water quality standards for sdischarge water-related uses shall be ppared water-dependent and shall be set for all newliand existing stormwater tar ater management (b) Inventories and systems. These standards need not be the land uses as required analyses of the effect of the future tents. Local governments shall consider C same for all syn- series the dao be shown on the future land use map Chapter 170,F.A.C., or mapturas resources in the coastal planning area shall be prepared including: vegetative cover, including 30 RULE 91-5 wetlands; areas subject to coastal flooding; wildlife habitats; renourishment areas. The analysis shall also identify measures and Ii'.ing marine resources. Maps shall be prepared of veg- which could be used to protect or restore beaches or dunes etative cover, wildlife habitat, areas subject to coastal flood- incld- ing. and other areas of special concern to local government. ing: all public access points to the beach or shoreline through (c) An inventory and analysis of the impacts of develop- public lands, private property open to the general public, or ment and redevelopment proposed in the future land use de- other legal ment on historic resources and sites in the coastal planning access;coastal parking facilities for bscenic overlooks; shoreline roads and facilities providing overlooks; area shall be included along with a map of areas designated marinas;boat ramps;public docks; fishing piers; or other _ for historic preservation. ditional shoreline fishing areas. The ffes (d) An inventory and analysis shall be prepared of es- the above facilities shall be analyzed.capacity of and nem for tuarine pollution conditions and actions needed to maintain shall be shown on the map or series noesis by Para- estuaries including:an assessment of general estuarine condi- graph (2Xa) as water required - tions and identification of known existing point and non-point water-dependent uses iorn facilities These re- source pollution problems;an assessment of the impact ventories and analyses shall be coordinated �� rxra and redevelopment of the ation and open space element and any countywide marina sit- developmentop proposed in the future land ing plan if adopted by the local govt use element and the impacts of facilities proposed in the traf- (h) Existing infrastructure in the fic circulation and general sanitary sewer,solid waste,drain- shall be inventors coastali planning uses age,potable water,and natural groundwater aquifer recharge ways, sanitary including:oo�waya, bridges ea man- elementse- upon water quality, circulation patterns, and accu- ma a dra.innae facilitisewer es, public ties, o� l Or sfore protection,mutation of contaminants in sediments; identification of ac- je shoredemand tions needed to remedyexistingstructures, and beach renourishment projects. The demand pollution problems;and iden- upon, capacity of, and area served tification of existing state, regional and local regulatory pro- lure shall be existing�- grams which will be used to maintain or improve estuarine mate future needs forthose facilities es prepared which esti - grams quality shall address the fiscal impactabove,and which (e) The following natural disaster planning concerns fundingin terms of estimated costs, shall be inventoried or analyzed: sources and phasing of any needed improvements. 1. Hurricane evacuation planning (es3) Requirements cies. for Coastal Management Goals, Ob- cane evacuation plan contained in the localon the hirci- jectives,and Polioses. cane plan shalln be analyzed peacetimeemer- (a) The coastal management element shall contain one and shall consider the hurricane or more goal statements which establish the long term end vulnerability zone, the number of persons requiring evacua- toward which regulatory and � ry' management efforts are directed. tion, the number of persons requiring public hurricane shel- These shall reflect the stated intent of the Legislature in en- ter,the number of hurricane shelter spaces available,evacua- acting Section 163.3178,Florida S which is that local tion routes,transportation and hazard constraints on the evacu- government in their comprehensive restrict ation routes, and evacuation times. The projected impact of ment activities that wouldresources, the anticipated population density proposed in the future land anddamage public expenditures coastal use element and any special needs of the elderly,handl protect human life and limit isexpenditures in areas hospitalized.or other handicapped, subs to destruction by natural disasters. special needs of the existing and antici- (b) The element shall contain one or more specific ob- pated populations on the above items shall be estimated The jectives for each analysis shall also considergovern- goal statement which address the require_ measures that the local merits of Paragraph 163.3177(6)(g) and Section 163.3178, ment could adopt to maintain or reduce hurricane evacuation Florida Statutes, and which: times. 2. Post-disaster redevelopment includin : colitis ! 1. Protect,conserve,or enhance remaining coastal�_ g g and ands, living marine resources,coastal barriers,and wildlife proposed land use in coastal high-hazard areas;structures with habitat; . a history of repeated damage in coastal storms;coastal or shore 2. Maintain or improve estuarine qual- protection structures; infrastructure in coastal high-hazardP environmental areas:and beach and dune conditions.Measures which r� 3. used to reduce exposureProvide criteria or standards for prioritizing shore- be to hazards shall be analyzed, in- line uses,giving priority to water-dependent uses; chiding relocation, structural modification,and public acqui- 4. Protect beaches or d sstion. ones,establish construction stan- 3. Coastal tui dards which minimize the impacts of man-made statures on gh-hazard areas shall be identified and the beach or dune systems,and restore altered beaches or dunes; infrastructure within the coastal high-hazard area shall be 5. Limit public expenditures that subsidize development inventoried.The potential for relocating threatened infrastruc- permitted in coastal high-hazard areas subsequent to the Lure shall be analyzed. element's adoption except for restoration or enhancement of (0 Beach and dune systems shall be inventoried and aria- natural resources; lyzed. including past trends in erosion and accretion, the ef- 6. Direct population concentrations away from known fects upon the beaches or dunes of coastal or shore protection or predicted coastal high-hazard areas; structures, and identification of existing and potential beach 7. Maintain or reduce hurricane evacuation times; 31 RULE 9J-5 8 Prepare post-disaster redevelopment es- reduce or eliminate the exposureop plans which will siding for siting water-dependent and water-related of human life and public and tablishinguses. ni private property to natural hazards; performance standards for shoreline develo 9 Increase the amount of public and establishing criteria for marina siting, including mean access to the beach or consistent with the countywide shorelines consistent with estimated public needs; marina siting plan if ado Ifor roteceio by the local government, which address:land use com P� protection. Preservation, or sensitive re- ity,availability of upland supportPeprotecbv- use of historic resources; and ownership,or cervi 11. Establish level of service standards, areas of service sop f hum �,eplannig gpro ec- cane contingency plannins, ptio - and phasing of infirm in the coastal planning quality, water depth, environmental disruptions (c) The element shall contain one or more policies for nomicarea. ua�on actions, availability for publicptions each objective and shall identify need and feasibility; use, and eco- (c) t�fy regulatory or management 10. Providing,continuing ques for. and !nein I I. Limiting the specificcal public access to beaches ands re�; eng adequate forcing development Lint or impacts and cumulative impacts access to Public beaches re nourished water quer redevelopment upon wetlands,water qual- the public accessnr d ofat the Con Vie; enforcing wildlife habitat, living marine resources, Act of 1985; and requirementsg Com Zone and beach and dune systems; 2. Restoration or enhancement of ties for beach and s transportation or parking> . resources including disturbed or degraded 11. Historo Jaz; beaches and dunes,estuaries,wet- identification resource protection, includingesaardds forc e de- lands,and drainage systems;and programs and establishingperformance disruptions or P Sys to mitigate future velopment and sensitive reuse rfo degradations; 12. The orderlyhistoric 3. General hazard mitigation including regulation of if development and use of deepwater building Practices,hazard , beach and dune altation applicable,including how the local government coop- b ormwgtermanagement,sa��y sewer andn. crate with the deepwater p�to resolveshall coop • - land to reduce the septic tanks,and Cation, land use, natural and man-made problemsain atrnd rotec. nduse property �o�of human life and public and tion of natural ,anti resolve in- private - to natural hazards;and incorporating the rec- consistenciesa Vocal g a egovernment procedure to ornmendations of the hazard mitigation annex of the local bin the local government comprebeasiive peacetime emergency plan and applicable existingplan and the deepwater port master plan through the dispute Stat- hazard mitigation reports. Incorporatingdrecommendations interagency resolution process as provided under s. 186.509, from id ta hazard oon eons utes,which is to be utilized in the event the local governs t cretion of the local government; reports shall be at the dis- and a deepwater port are unable to 4. Hurricane cies; resolve the ieconsisten. deficiencies Hu rica a evacuationed the hurricanec including methods to relieve 13. Ensuring i available plan- and to for integration into the regional or local analysis,on serve the development or redevelopment p� plan; g area at the densities 5. prnP06ed by the figure Land use tinguish between er redevelopment including policies to:dis- consistent with coastal resource protection and sate vacua- by awing that funding for to Prosect between y long-termand aceded to coincide with the demand g ne,stnactute will bePhasor r'�'elopment activities; address redevelopment d�" t or gyral mea of damaged removal, relocation,or 14. Protecting estuaries which are aa/ modification � astion of more aithil jurthods mined by the local government but co deter- than one local government, including methods funding and unsafe consistent with for with other loql feve funding ing areas of provisions and limiting re- equate sites for water governments to ensure ad- federal damage; and, policies for lution,control rib Itusprotect, pa. re- incorporating the recommendations of interagency hazard ources,reduce exposure for�$ living marinepub- mitigation intodeemed appropriate by the local gov- 1kess and to natural hazards,and the plan is revised during government'scomprehensiv�w� 15. Demonstratinghow the cess; the evaluation and appraisal pro- titanic with existingreslocal government will coot. licca protection plans such az resource Identifying areas needing redevelopment, planning and management plans, aquatic preserve manage- 6. ans. eliminating unsafe conditions op t, including meat plans,and estuarine portunities arise; and inappropriate uses as op- (4) Local governments coastal area that 7. Designating coastal high-hazard areas and ticipate in a countywide marina sitingPar development in these areas; limiting marina siting plan as plan shall include the 8. The relocation,mitigation or replacement,as deemedpan this element (5) Port Master Plans for Deepwater Ports. A port mos_ appropriate by the local government, of infrastructure pres- ter plan shall be prepared by or for each deepwater port for the entry within the coastal high-hazard area when state fundingpurposes of coordinating the activities of the is anticipated to be needed. plans of the appropriate local port with the compliance does government determination tof o 9. Establishing priorities for shoreline land uses, pro- for P not imply conceptual approval by the State permitting purposes. 32 RULE 97-5 (a) Deepwater ports shall prepare a port master plan and City, public access, historic resources, and the land use and submit it to the appropriate local government for incorpora- infrastructure of adjacent areas. tion as a part of the coastal management element at least six (e) Port Master Plan Integration into months prior to the due date of the local government's corn- agement Element. If a port master plan is prepared e Coastal by a prehensiv a plan established pursuant to law. This port master deepwater port, then the appropriate local government shall plan shall be incorporated as a part of the coastal manage- include the meet element, and be consistent with the goals, objectives, and Port master plan's goals, objectives, and policies and policies of the coastal management element. The port maintenance and expansion sections in the coastal master plan of a deepwater port, as it appearsport management element of its comprehensive pian. The data and in the coastal analyses shall be summarized as required in Subsection 91- management element, shall be reviewed for compliance with 5.012(2),and shall be submitted in support of the comprehen- the criteria below. Failure of a deepwater port which is not a sive plan. pan of the local government to submit a deepwater port mas- SPECIFIC AUTHORITY 1613 177(9).(10)F1 ter plan shall not cause the local government to be subject toLIWIMPL6�(EMED:163.3/77(11,(3),(6)(:1,(8),X91,(10),163.3178 FS the sanctions in Sections 163.3184 or 163.3167,Florida Stat- HLS7IRY—New 3 10- 3.23-94 utes, nor cause the regional planning council to prepare the missing port master plan.In this case the deepwater port shall 9J-5,013 Conservation Element not have its in-water facilities exempted from the provisions The purpose of the conservation element is to promote the of Section 380.06, Florida Statutes,and the port shall be sub- conservation, use and protection of natural resources. ject to the sanctions in Sections 163.3184 and 163.3167, (1) Conservation Data and Anal is Florida Statutes. The failure of a deep port element shall be based uRequire . The water rt which is an pon the following data and analyses agencyof a local government to prepare a deepwater portuirements pursuant to Subsection 9I-5.005(2). master plan may (a) The following natural resources,where present within result in the sanctions in Section 163.3184, Florida Statutes,being applied and the missing deepwater port the local government's boundaries, shall be identified and master plan being prepared by the regional planning council. analyzed ' Regardless of whether a deepwater port has prepared a port 1. Rivers, bays, lakes, wetlands including estuarine on on qual- master plan, any port development shall be consistent with yrs and air,includingref the goals, objectives and policies of the coastality of the resource available from and eionj; ed�byathe Florida element of the jurisdiction in which the development managementoccurs [Protection]; Department of Environmental (b) Inventories and Analyses. The deepwater port shall 2 Floodplains; prepare all applicable inventories and analyses listed in Sub- 3• Known sources of commercially valuable minerals; conserva- section(2)for the areas they own or administer.Furthermore, 4' Areas known by the local soil and water the deepwater port shall inventory andtion district to have P and the dee n needed to supportanalyze:landside trans- experienced soil erosion ruble the deepwater port, in-water fa- 5' Areas which are the location of recreationally and habi- cilities,pormaintenance of in-water facilities, management of Co important fish or shellfish, dredged material,inhazardous tats,and vegetativeudingmarinec and handling material handling and cleanup, known dominant communities present tndspeci forests, yfed federal, • the deepwater port cleanup of petroleum products.In addition, species present and species listed by federal, lort shall prepare a map showing the location state,or local specialnment agencies as endangered,threatened and boundaries of port owned or administered lands, or species of concern. Ec) Goals, Objectives, and Policies. The deepwater p (b) Fa each of the above natural resources,existing _ mercial shall develop goals, objectives, and policies to address the recreational or conservation uses, known pollution applicable issues listed in Subsection (3). The goals, objet- problems including wastes ane the fives, and policies shall be consistent with the goals adopted conservation,use or protection shall be identified.wastes for in the remainder of the coastal management element. (c) Current and projected vara needs sources for the next ten-year period based on the demands for industrial, (d) Port Maintenance and Expansion The deepwater port shall set forth its plans for future port expansion for an initial agricultural,and potable water use and the quality and quern. five-year period and in-water facility maintenance for at least tity of water available to meet these demands shall be ans- a ten-year period, and these plans shall show the economic lyzed'The analysis shall consider existing levels of'aster con- servation, use and protection and applicable policies of the assumptions used, the foreseeable changes in shipping tech- nologies and port operations, the estimates of types and vol- regional water management district umes of commodities to be handled,the needed expansions to (2) Requirements for Conservation Goals,Objectives and in-water and on-land facilities,and the infrastructure required. Policies. The plan shall set forth requirements for maintaining in-wa- (a) The element shall contain one or more goal state- ter facilities and for the management of dredged material from ments which establish the long-term end toward which con- bott, maintenance and expansion. The plan shall assess the servation programs and activities are ultimately directed impact of port expansion and maintenance on wetlands, (b) The element shall contain one or more specific ob- jectives for each goal statement which address the require- beaches and dunes, submerged lands, floodplains, wildlife habitat, living marine resources, water quality, water quern_ ments of Paragraph 163.3177(6)(d), Florida Statutes, and which: 33 RULE 97-5 I. Protect air quality; conservation of wetlands by the direction of incompatible land 2. Conserve, appropriately use and protect the quality uses away from wetlands shall occur in combination with other and quantity of current and projected water sources and wa- goals, objectives and policies in the comprehensive plan. ters that flow into estuarine waters or oceanic waters; Where incompatible land uses are allowed to occur, mitiga- 3. Conserve, appropriately use and protect minerals, tion shall be considered as one means to compensate for loss soils and native vegetative communities including forests:and of wetlands functions. 4. Conserve, appropriately use and protect fisheries, SPECIFIC AUTHORITY 163.31 77(9),(10)FS. wildlife, wildlife habitat and marine habitat LAW IMPLEMENTED:163.3177. 163.31 78 FS (c) The element shall contain one or more policies for HISTORY—.v*w 3-6-86Amended 10-20-86.5-18-94. each objective which address implementation activities for the: 1. Protection of water quality by restriction of activities 9J-5.014 Recreation and Open Spada and land uses known to affect adversely the quality and quan- The mom of the recreation and open space element is tity of identified water sources, including natural groundwa- to P�for a cemprebensive system of public and wiva1e lin. ter recharge areas, wellhead protection areas and surface reation and sites which are availble 1p the public. waters used as a source of public water supply; (1) Recreation and Open Space Data Requirements.The 2. Conservation, appropriate use and protection of ar- element shall be based upon the following data res�ements eas suitable for extraction of minerals; Rpt Subsection 9.1.5.005(2). Existing p �_ 3. Protection of native vegetative communities from de- vete recreation sites and open spaces available to the public, including natural reservations,parks,playgrounds.parkways, struction by development activities; and beaches including freshwater beaches 4. Emergency conservation of water sources in actor- shallbe identified. dance with the plans of the regional water management dis- For each site, types of use such as activity-basad or resource- trict; based and types of recreation facilities provided,such as com- 5. Restriction of activities known to adversely affect the munity centers and ballfields, shall be indicated. (2) Recreation and Open Space Analysis Requirements survival of endangered and threatened wildlife; 6. Protection and conservation of the natural functions The element shall be based upon the following analyses which of existing soils,fisheries,wildlife habitats,rivers,bays,lakes, support the comprehensive plan pursuant m subsection 9J- floodplains, harbors, wetlands including estuarine marshes, 5.005(2). (a) Current needs for recreation sites based on estimated freshwater beaches and shores, and marine habitats; recreation demand and the availability to the public and ad- 7. Protection of existing natural reservations identified in the recreation and open space element; a1 Y existing recreation sites and 8. Continuing cooperation with adjacent local govern- (b) future Hoods for recreation sites,openspace and recreation facilities based on recreation demands and avail- meats to conserve, appropriately use, or protect unique veg- etative communities located within more than one local juris- ability to the public,and diction; (c) Future recreational uses depicted,within generalized service 9. Designation of environmentally sensitive lands for area boundaries, on the future land arta map or map protection based on locally determined criteria which further .---. ,�:: ; the goals and objectives of the conservation element;and (3) Requirements for Recreation and Open Space Goals, 10. Management of hazardous wastes toprotect natural �1 .and Policies. ,. resources. (a) The element shall contain one or more goal state- (3) Policies Addressing the Protection and Conservation ments which establish the long-term end toward which recre- of Wetlands. directane programsand activities are ultimately (a) Wetlands and the natural functions of w Hands shall - , be Protected and conserved, The adequate androp (b) The element shall contain one or more specific ob- • protection and conservation of wetlands shall be accomplished ate jectives for each goal statement which address the require- through a comprehensive planning process which includes meats of Paragraph 163.3177(6Xe), Florida Statutes, and which: consideration of the types,values,functions,sizes,conditions and locations of wetlands,and which is based on supporting 1. Ensure public access to identified recreation sites,in- data and analysis. chiding where present, beaches and shores including fresh- (b) Future land uses which are incompatible with the par water beaches and shores; lection and conservation of wetlands and wetland functions 2. Coordinate public and private resources to meet roc- shall be directed away from wetlands. The type, intensity or reation demands; density,extent,distribution and location of allowable land uses 3. Ensure that parks and recreation facilities are ad- and the types, values, functions, sizes, conditions and lora- equately and efficiently provided;and tions of wetlands are land use factors which shall be consid- 4. Ensure the provision of open space by public agen- ered when directing incompatible land uses away from wet- cies and private enterprise. lands. Land uses shall be distributed in a manner that mini- (c) T element shall contain one or more policies for mizes the effect and impact on wetlands. The protection and each objective which address implementation activities which: 1. Include specific open space definitions and standards 34 RULE 9J-5 in local land dei elopment regulations; or additional intergovernmental coordination and m vations: ural reser- resolving those problems and needs; earn for 2. Designate or acquire open space and natural (c) Growth and 3. Maintain or improve existing levels of beach and sive plans in the area of concern antnd proposedrnl in o wittheh shore access including those beach access routes and beach appropriate comprehensive regional a co n order to access facilities required to be identified in the coastal man- evaluate the needs for additional planning plan in ober d agement element and access to waterways required to be shown (d) The comprehensive plan's coordination coordination; and on the future land use map or map series; P P ►nation with the 4. Establish level of service standards for recreation as rules, principles for guiding development; and provided by Subsectionlish level service 9J-5.005(3) and Subparagraph regulations in any designated area of critical development S.ovidedb)3. of this Chapter,and graph 9J- falling partially or wholly local state concern 5. Correct or improve existing deficiencies in parks and non• government's Ju- recreation facilities. (3) Requirement andnts for Intergovernmental Coordination sPecIr7cAurHORt7y 163.31 77(9),(10) Goals, Objectives, Policies. L4R'IMPLEMENTED:163.3177(11.(5).(6)(.).BJ.(9).(10) (a) The element shall contain HISTORY—New 3-6-86.Amended 10-2046, mems which establish the long-term or more goal e- governmental coordination activities are ultotimately which inter- 9J-5.015 Intergovernmental Coordination Element. (b) The element shall contain one or tinselob. It is the purpose of the intergovernmental coordination ob- jectives for each goal statement, which morns spethe req re element to identify and resolve incompatible goals,objectives. mems of Paragraph 163.3177(6)01 address policies and development proposed in local government corn- which: ( Xh), Florida Statutes, and prehensive plans and to determine and respond to the needs I. Coordinate the comprehensive for coordination processes and procedures with adjacent local school boards, other units of local plan�� the plans governments, and regional and state agencies. Intergovern- services but not having regulatoryauthority ment providing mental coordination shall be utilized to the extent required to land, and with the comprehensive o the use of carry out the provisions of this Cha plans of adp ink_ (1) intergovernmental CoordinationP polities, the county, and adjacent comes; Data Requirements. 2. Ensure that the local government addresses through The element shall be based upon the following data pursuant coordination mechanisms the impacts ofdevG to Subsection 91-5.005(2). The area of concern for munici- Topa i oposed in the local comprehensive plan upon development in adja_ palities shall include adjacent municipalities,the county,and cent municipalities, the county, adjacent counties adjacent to the municipality.The area of concern for and in the state; counties, regioninclude all municipalities within the county, 3. Ensure coordination in establishinglewd of counties, and adjacent munici service counties shall polities. standards for public facilities with any state,regionalor local adjacent(a) All adjacent governments, school boards and other entity having operational and maintenance units of local government providing services but not havingsuch facilities; and responsibility for regulatory authorityover the use of fid, independent special 4. Ensure coordination in the districts,water management districts,regional planningspoil nicipnn of new dredge cies,and state agencies with which the local government co- disposal sites for counties and municipalities located in the coastal area having spoil disposal responsi _ ordinates shall be inventoried This inventory shall also in- (c) The element shall contain one or morn policies for chide regional or state agencies with land use or environmen- each objective which address programs* activities, or proce- tal regulatory authority, and authorities, independent special dares for districts,and utility companies,which provide services within 1. The coordination of planning activities mandated the local jurisdiction. the various elements of the comprehensive by (b) For each entity listed in Paragraph (1Xa), the de- local governments,school P heauve with veher ment shall briefly describe the existingmeat providinghavinguther units ofloca!govern_ nisms indicatingthe coordination mecha- services but not regulatory authority subject, the nature of the relationship over the use of land, the region,and the state; and the office with primary responsibility for coordination. 2. Resolving conflicts with other local nments (2) Intergovernmental Coordination Analysis Require- through the regional planning council's informal mediation ments. The element shall be based upon the following only_ ProCess. ses requirements which support the comprehensive plan pur- 3 The provision of services and information; anent to Subsection 9J-5.005(2). 4. Resolving annexation issues; (a) The effectiveness of existing coordination mecha- 5. Reviewing the relationship of proposed development nisms described in Paragraph(1)(b),such as intergovernmental of the area to the existing comprehensive plans of adjacent agreements,joint planning and service agreements, special local governments; of legislation and joint meetings or work groups which are used 6 Consistent and coordinated managementcertain to further intergovernmental coordination; bays, estuaries and harbors that fall under the (b) Specific problems and needs within each of the corn- jurisdiction more than one local government in the case of local govern- prehensive plan elements which would benefit from improved ments required to prepare a coastal management element; 35 RULE 9J-5 7. The review of development proposed in the compre- local government's jurisdiction. If the Intergovernmental Co- hensive plan including a policy statement indicating relation- ordination Element identifies any local resource or facility ships of the proposed development to the existing compre- which could be significantly hensive plans of adjacent local governments; impacted by development located 8. Involving the navigation and inlet districts and other ne cddescre the jurisdiction, ti oo this identificationurceor shall includecfia geo- appropriate - state and federal agencies and thepublic inpro- resource facility, a specific viding for or identifying graphic location for physical resources and facilities, and a g dredge spoil disposal sites for the listing of the local counties and municipalities in the coastal area with spoil dis- ment and the governments which which could permit impact poral responsibilities; and these types thereof, which could si8ai5canUy impact 9. Resolving conflicts between a coastal localgovern- resources and facilities.Identification of local resources ment and a public agency seekinga dredgeand facilities may be accomplished by adequately referencing spoil disposal site other elements of the comprehensive plan, other documents, through the Coastal Resources Interagency Management or specified portions thereof Committee's dispute resolution process. d. In addition, i. (4) Intergovernmental Coordination Processes, local governments idc i �'other (a) The Intergovernmental Coordination Element shall community sate or d�that>s in the�. establish a process to determine if development proposals ��policies of the oto element(s)of the compre- establish would have significant impacts on other local �� pin ("community characteristic" hereafter) within are or aregional governments or the local government's which could be impacted resources or facilities identified in the appli- by development within another cable state or regional plan, and shall establish a process for munity characteristics do not have to geographic,but must mitigating these impacts, 1. Identification of Resources and Facilities be clearly identified and/or defined within this dement.Idea- I. The Intergovernmental Coordination Element shall pushed tification�y local community characteristics may be acootn- identify all regional and state resources and facilities identi- adequately referencing o�eJeof • of the com- fed in the State Comprehensive Plan and the applicable Stra- prehensive�'or specified portions thereof Definition tegic Regional Policy Plan(s)(SRPP)(or the Comprehensive a. The Intergovv SignificantImpact • oo Regional Policy Plan until adoption of the SRPP). ernmental Coordination g�shall glomal and state resources and facilities shall be identified contain a definition of significant impact for each identified which are located within the loval government,within the lo- the local facility �community�� t� cal government's area of concern as defined in 9J•5.015(1) cant impacts Theme�ri�- ("adjacent local governments"hereafter),and beyond the area live. impacts meso hti ' Io Onsu and/or a idea- of concern, based upon the characteristics of the �definitions shall be designed to ensure thattheidea- facility,which could be reasonablyresource or ed esa and/or and community charms are expected to be significantly protectedand/or impacted by development within the local government's ju- and criteria of the maimained maccordance with ' risdiction("other affected local governments"hereafter) (SRPP)(or the Oimpreben- Iden cfi and Strategic Regional Policy n e(' ed by a specific geographic location and not solely by sive Regional Policy Pla generic type.Identification may be accomplished try,adequately the other adoption of 'end referencing other elements of the comprehensive piaci, other tietrleats of the �:-�2''' , documents,or specified portions thereof identify The Intesgo �Coordination hit shall b. The Int identify the types of Intergovernmental Coordination Element shall which shall be deemed and�permits identify any local resources and facilities outside the local significantby the lova!governmentposy to e government's jurisdiction within adjacent and other affected Such level proposals'shat not be governments(as described insubjecthto the development review p Pmtpara- localcould be si paragraph a.above)which graph(4xa)5. t; ficandy impacted by development located in- 3. is side the local government's jurisdiction. This identification Description of Mitigation Criteria shall include a generic description of the resource or facility,a g a. The Intergovernmental Coordination Element shall specific geographic location for physical resources and facili- generally describe the criteria or standards!or�mitt- ties, and a listing of the local eve gation of significant impacts on each identified ttisouroe,fa- des, a im g rnunents which could be cility and community characteristic located within the local Y impacted. Identification of local resources and government's jurisdiction. The criteria or facilities may be accomplished by adequately referencing the designed standards facilities d comprehensive plans of adjacent and other affected to ensure that the identified resources, and commeets, other documents,ajor local gov- community characteristics are protected and/or maintained in specified portions thereof. accordance with the provisions of the a c. In an effort to assist adjacent and other affected local hensive plan. dopted local compre- governments in identifying local resources and facilities within b.the local government's jurisdiction,the Intergovernmental Co- tion in whichMitigation should occur,be accomplished anished in the seg regional ordination Element shall consider whether local �� option for regional ' resources mitigation when preferable. Regional mitigation alternatives and facilities within the local government's jurisdiction could may be determined to be preferable by the be significantly impacted by development located outside the in which the development is located basedlocal governmentrgovem on the intergovcrn- 36 RULE 9J-5 mental review process described in paragraph 5.a.(iii).below. Mail shall be prima facie evidence of transmittal. The docu- 4. Intergovernmental Compatibility mentation must also demonstrate consideration of the particu- a. This Element must demonstrate consideration of the lar effects of the local plan upon development within these particular effects of the local plan upon development within other local governments,including consideration of their corn- adjacent and other affected local governments. Local govern- ments upon the proposed Element.An explanation of the points ments are encouraged to accomplish this by demonstrating of agreement and disagreement,and the comments from other compatibility between local government Intergovernmental local government shall be included in the documentation. Coordination Elements, including the compatible identifica- 5. Development Review Process tion of resources, facilities and community characteristics, a. The Intergovernmental Coordination Element shall definition of significant impacts, and description of mitiga- expressly provide for and clearly establish a devel re- tion criteria or standards, pursuant to above paragraphs view process, opment n (4Xa)l.,2. and 3., in one or more of the following to be implemented by the local government in ways. which the development is located, to determine if develop- (i) Local governments can and are encouraged to dem- ment proposals would have significant impacts on the identi- onstrate compatibility through incorporation of any relevant fled resources, facilities or communitycharacteristics, portions of the Strategic Regional Policy Plan(s)(SRPP) (or mitigate such im d �to the Comprehensive Regional Policy Plan until Pte• This intergovernmental coordination tSFtPP)he which includComprehensive the compatibleadoption of the review process should be incorporated into the local identification of re- government's usual development review process. Multiple sources, facilities and community characteristics, definition development orders for the same project shall not be individu- of significant impacts, and description of mitigation criteria ally subject to this review, provided that one review is con- or standards.If the applicable SRPP contains a model/optional ducted prior to the approval of an application for a develop- element which can be adopted by local governments which ment order or permit which contains a adequately addresses the requirements of specifics of dedelop- paragraphs(4xa)1., opment, including the densities and intensities of develop- 2. and 3., then a local government can demonstrate compat- meat. Any subsequent changes to the plan of development ibility with regard to paragraphs(4xa)1.a.,2.and 3.by incur- which are likely to result in significant porating those provisions of the SRPP into the Intergovern- subject to this development review impacts If t bellhe ble mental Coordination Element of the local comprehensive plan. SRPP contains a model/optional element which adequately Local governments which utilize this method of demonstrat- addresses the requirements of this Rule section,then a local ing compatibility for regional and state resources and facili- government can and is encouragedto de ties can utilize the provisions of paragraphs 4.a.(ii),4.a.(iii), ibility and comply with the demonstrate compat- ties and/or 4.b.,with respect to any identified localmoments of this Rule section citifiesand/or and community cto teidenti resources,fa- through incorporation of those provisions of the SRPP into the Intergovernmental Coordination Element The develop- (ii) Local governments can demonstrate compatibility by meat review process shall meet the following standards. submitting a joint resolution executed by the local govern- (i) The development review process shall include an im- meat and one or more other local governments which certi- pact analysis by the local government of a proposed fies that the Elemhats are final proposedIntergovernmental Coordination development's potential for significant impacts upon an iden- cempatible.Such certification shall establish that tified resource,facility or community characteristic.The local the local governments have reviewed the contents of the Ele- government is encouraged to coordinate with appropriate lo- meats and agree on the compatible identification of resources, cal; regional and state agencies in conducting facilities and community characteristics,definition of signifi- An impact analysis. cant impacts, analysis must be prepared for all development pr+o- and description of mitigation criteria or stan- posals,except for those developments identified in the Inter- dards,pursuant to above paragraphs(4Xa)l.,2.and 3. governmental Coordination Element which shall be deemed (iii)Local governments can demonstrate compatibility not to cause a significant impact The definition of sign ificant through completion of the cross-acceptance negotiation pro- impact used in the impact analysis shall be the definition con- cess established by the applicable regional planning council(s) tamed in the Strategic Regional Po pursuant to ss. 186.503(2)and 186.505(22),Florida Statutes, Comprehensive Regional PolicyPlan Plan(s)(SRPP)(or the or through other local procedures. adoption of the SRPP), or the local government comprehensive plan where b. If compatibility is not demonstrated pursuant to para- the resource,facility or community characteristic is located. graph 4.a.,above,then,this Element,when transmitted to theii ( ) If the local government determines,based on the im- Department for compliance review must be accompanied by pact analysis, that a development proposal will not result in documentation which clearly demonstrates that during the significant impacts,this finding shall be included in a listing preparation of the Intergoveriunental Coordination Element, of development applications. The listing shall include, at a all adjacent and other affected local governments were pro- minimum,a general description of the development proposal vided an adequate opportunity to review and comment upon and the geographic location of the project. This listing shall the proposed Intergovernmental Coordination Element This be transmitted to adjacent and other affected local govern- documentation must clearly demonstrate that the final pro- ments (as described paragraph 1.a., above) and made avail- posed Element was transmitted to all adjacent and other af- able upon request on a regularly scheduled basis.The frequency fected local governments. A certified return receipt for U.S. of this transmittal shall be either identified in the Intergov- 37 RULE 91-5 ernmental Coordination Element or defined by interlocal agree- development review process for developments of regional im- ment. Additional information regarding a development pro- pact pursuant to Section 380.0651,Florida Statutes,and Rule posai shall be provided upon request for a reasonable cost of 28-24, F.A.C. reproduction. The transmitting local government shall give (b) The Intergovernmental Coordination Element shall the adjacent or other affected local government, at least 15 establish a dispute days after transmittal of the listing to indicate in writing that in a timely resolution process per bringing e toe closure ment it disagrees with the finding of no significant manner those disputes that pertain to development impact. The proposals that would have impacts on other local governments transmitting local government and the adjacent or other af- or identified fasted local government may agree upon a time period shorter 1 state or regional resources or facilities. than 15 days for the written indication of disagreement. The intergovernmental Coordination Element shall applicable jcent or other affected local indication government diIf an incorporate the dispute resolution process of the finding,the matter shall be subject to dispute resolution,pUr- 186.509, council(s)established to Semon plan- scant to paragraph (b), Pave (iii)If the local government determines,based on the im- mag disputel Pint to this pact analysis, that a .. section. pact analysis, impacts,atsa t proposalon Moly to� 2. Theheal pomp a planning spute reaeration in signs and anydevelopmentthe process may include additional dispute resolution alternatives proposed mitigation conditions shall be tram- which are not included within the miffed for intergovernmental review This description shallapplicable regional are plan- include a general description of the development �6 council process, provided that the alternatives con- include the geographic location of the project Additionalortt� sistent with and further the regional resolution process.These tion regarding a development proposal shall be provided upondispute resolution with, the i may be implementedhe request for a reasonable cost of reproduction. This • _ prior to, or in conjunction the implementation of the =mental review shall provide a reasonable rntergov regional process so long as the resolution of the dr.�pute(s)are and comment by adjacent and other affectedopportunity for achievedp1°a timely manner consistent with the regionsl reso- reviewernmentx. In addition, g lution process schedule. local governments are encouraged to 3. The involve appropriate state, regional and local agencies in thepermitting local government patiby an intintergovernraentat review, including affected adjacent or other affected local government under(;xa)S.a.(ii) ed o mine I S I a parties as idea- and(iv)of this rule, must respond in writing to any*Bum, ( X ), the regional planning council,water indicatingits management district(s),Florida Department of Environrnea- tion aRyrngnesa toparticipate in rGsoln, Sal Protection, Florida Department of State(Division of His- The process within indififtecate (15)days of receipterpof osed petition. torical Resources),Florida Game and Fresh Water Fish Com_ reply must ��the status of the proposed develop. mission,Florida Department of Transportation, int orderand include the expected a f of the Planning Organization,and.the school board, Metropolitan �order at issue.— �_.. (iv) The development review process shall (c) The Intergovernmental Coordination Element shall if,based on the intergovernmental review agreement regard- establish uant a process for modification of ordeeloa j�oilers is- lag the mitigation of impacts of a proposed developme t can- to Sectionto meat r Florida Sutter a not be reached between the local 8� '_ �:.ri�►:, r otherbe affected local government and an adjacent (d) I adffition,the Ta government, then the matter shall be ement shallecnt a local o ao to subject to dispute resolution pursuant to include a provision for the g�nmwt to Paragraph(b),below render to the (v) Based on the intergovernmental review, conditions int of Community Affairs every,diel. for mitigation of significant impacts shall be included in the order and accompanying g ,� Iocat government development order and shall be consistent desats which meet or exceed the�estab- with the provisions and criteria of the State Comprehensive Florida ed by Section 380.0651,iveCoFlorida ya amended.and Rule proem Plan,the applicable Strategic Regional Policy Plan(s) Administrative Code,and any dcelopmeat (or the Co �' (SRPP) orders as described in paragraph (c) above. As used in this Comprehensive Regional Policy Plan until adoption of section, render means issuance of a written or- the SRPP), the applicable provisions of the comprehensive der and ptans of adjacent and other affected local transmittal of a certified completed copy of the order governments in which by the local government with jurisdiction, the impacts occur, and with the other elements of the local pertinent attachments. The renditionwith all rst class comprehensive plan of the issuing jurisdiction. certified U.S. Mail or other delivery se vice for which a re- (vi) The Intergovernmental Coordination Element shall ceipt as proof of service is required to the Corn- identify the monitoring and enforcement procedures that will munity Affairs,Bureau of State Planning,Department offlam- be used to ensure that the identified mitigation is provided, ningagency, regional return b. If a local government g nry, and the owner or developer A certified return opts to retain the development receipt for U.S. Mail shall be prima facie evidence of trans- of regional impact(DRI)process pursuant to s. 380.06(27)(c), !aural. A development order will not be const Florida Statutes(Ch. 93-206, Laws of Florida), then the DRI been rendered if it is transmitted byfacsimile considered to have review process (Section 380.06, Florida Statutes, and its re- all erences, and attachments arena, or not in- fated administrative rules) may be used in lieu of the above eluded or are not legible. Local governments re encouraged 38 RULE 9J-5 to coordinate with the Department of Community Affairs re- ments, and shall address the relative priority of need among garding such development proposals prior to approval of the facility types, and shall support the future land use element; development order. Development orders in regard to any such (c) The costs of needed capital improvements for miti- projects are subject to appeal by the Department of Commu- gation of existing deficiencies, replacement and new growth nay Affairs in accordance with Section 380.07, Florida Stat- needs pursuant to the future land use element and shall ex- utes. plain the basis of cost estimates; (e) Nothing in this subsection shall prevent a local gov- (d) The impact of new or improved public educational eminent from including provisions in the Intergovernmental and public health care systems and facilities on the provision Coordination Element which do not conflict with the require- of infrastructure; ments of this rule. (e) The use of timing and location of capital improve- SPECIFIC AUTHOR/77 163.3177(9),(/0)FS. meats to public facilities to sat LAW IMPLEMENTED:163.3177(1).(4),(5).(6)(h),(8).(9).(10)Fs. PPS efficientnteland develop- LAW intand HISTORY—New 3-6-86.Amended 10.20-86,3-23-9f goals,objectives,and policies in the future land use element This analysis must take into consideration plans of 91-5.016 Capital Improvements Element state agencies and water management districts that provide The purpose of the capital improvements element is to public facilities within the local government jurisdiction;and evaluate the need for public facilities as identified in the other (I) An assessment of the local government's ability to comprehensive plan elements and as defined in the applicable finance capital improvements based upon anticipated popuia- definitions for each type of public facility,to estimate the cost tion and revenues including: of improvements for which the local government has fiscal 1. Forecasting of revenues and expenditures for five responsibility,to analyze the fiscal capability of the local gov- Yom; • ernment to finance and construct improvements, to adopt fi_ 2. Projections of debt service obligations for currently nancial policies to guide the funding of improvements and to outstanding bond issues; schedule the funding and construction of improvements in a 3. Projection of ad valorem tax base, assessment ratio manner necessary to ensure that capital improvements are pro- and millage rate; vided when required based on needs identified in the other 4• Projections of other tax bases and other revenue comprehensive plan elements.The element shall also include sources such as impact and user fees; the requirements to ensure that an adequate concurrency man- S. Projection of operating cost considerations;and agement system will be implemented by local governments 6. Projection of debt capacity pursuant to Rule 91-5.0055 of this Chapter. (3) Requirements for Capital Improvements Goals,Ob- (1) Capital Improvements Data Requirements. The etc- JYes. Policies. ment shall be based upon the following data requirements (a) The element shall contain one or more goal state- pursuant to Subsection 9J-5.005(2). meats which establish the long-term end for the timely and (a) The element shall be based on the public facility needs efficient provision of public facilities through the use of sound as identified in the other comprehensive plan elements and fiscal p°licies- shall support the future land use element Transportation fa- (b) The element shall contain one or more objectives for citifies include facilities identified as existing or projected needs each goal and shall addresa in any of the following elements:traffic circulation;mass tran- 1 The use of the capital improvements element as a sit;and port,aviation and related facilities means to meet the needs of the local government for the con- (b) The geographic service area and location of major struction of capital facilities necessary to meet existing defi- system components for the public edirration and public health ciencies,to accommodate desired future growth and to replace systems within the local government's jurisdiction shall be obsolete or worn-out facilities _ - identified 2. The limitation of public expenditures that subsidize (c) Existing revenue sources and funding mechanisms development in high hazard coastal areas; available for capital improvement financing,such as ad vales 3. The coordination of toad use decisions and available rem taxes, bonds, state funds, federal funds, gas taxes and or projected fiscal resources with a schedule of capital im- impa t fees shall be inventoried. provements which maintains adopted level of service sten- (2) Capital Improvements Analysis Requirements. The dards and meets the existing and future facility needs; element shall be based upon the following analyses which�P- proportionate cost of facility improvements 4. The extent to which future development will bear a rovements necessitated port the comprehensive plan pursuant to Subsection 9J- P by the 5.005(2). development in order to adequately maintain adopted level of (a) Current local practices that guide the timing and lo- service standards;and cation of construction, extension or increases in capacity of S. The demonstration of the local government's ability each public facility; to provide or require provision of the needed improvements (b) The general fiscal implications of the existing defi- identified in the other local government comprehensive plan ciencies and future needs for each type of public facility.This elements and to manage the land development process so that analysis shall be based on the needed improvements,as idea- public facility needs created by previously issued development tified in the other local government comprehensive plan ele- orders or future development do not exceed the ability of the 39 RULE 9J-5 local government to fund and provide or require provision of (a) The comprehensive plan shall contain: the needed capital improvements. 1. The schedule of capital improvements,for which the (c) The element shall contain one or more policies for local government has fiscal responsibility,selected for the first each objective which address programs and activities for: five fiscal years,by year,after the adoption of the comprehen- 1. The establishment of criteria used to evaluate local sive plan,which shall reflect the need to reduce existing defi- capital improvement projects. Such criteria shall be directly ciencies. remain abreast of replacements, and to meet future related to the individual elements of the comprehensive plan demand including: and shall include consideration of: a. Project description and general location;and a. The elimination of public hazards; b. Determination of consistency com- b. The elimination of existing capacity deficits; with individual prehensive plan elements. c. Local budget impact; 2. A list of projected costs and revenue sources by type d.e. abased onn of nepwgrowth patterns; of public facility for the five year period purpose development and rede- of determining the financial feasibility of the velopment facility demands~ n' capital� o menus element,projected revenue sources nosy includeincludea a llootcal f Financial feasibility;and government'spresent intent to increase the g. Plans of state agencies and water a or amountppublic of trios that provide public facilities within local a��w��u contingent on ratification referendum. If the local government utilizes these pro government's jurisdiction; revenue sources for planning projected 2. The management of debt, such as: �°�'the local�� is encouraged to include in the plan policies which identify a. The limitation on the use of revenue bonds as a per- alternatives and actions to be undertaken should the referea- cent of total debt; dum fail. If a local government utilizes b. The maximum ratio of total debt service to total rev- sources which the p�� revenue require a referendum and enue;andinclude the plan does not c. The maximum ratio of outstanding capital indebted- if the referendum fails,the cies to identify alternatives l� totions be taken ness to property tax base; planpolicy that the 3. The establishmentaof policies for the low government will amend the plan to include policies to replacement and identify alternative funding sources or other actions should renewal of capital facilities; the referendum fail. However,for the purpose of issuing de- 4. The establishment of level of service standards for velopment orders and permits,the local government must have public facilities which are within the local government's ju- a concurrency management system which meets the require- risdiction, as provided by Subsection 91-5.005(3) and Sub- ments of Rule 91-5.0055(2)of this Chapter. paragraph 9J-5.015(3)(b)3. of this Chapter. These standardsidentify programs to be adopted shall be those found in the other local imp (b) The plan shall Iden ' those government re- which will ensure that the goals, objectives and policies es- hensive plan elements tablished in the capital improvements element are met or ex- 5. Provisions for the availability of public facilities to ceeded. These programs shall include provisions that faciti- serve developments for which development orders were is- ties and services at least meet the standards established and sued prior to the adoption of the comprehensive tom: are available concurrent with the impacts of developmej.At 6. Provisions for the availability of public facilities and a minimum the programs related o concurrency shall meet services needed to support development concurrent with the the requirements of Rule 91-5.0055 of this impacts of such development subsequent to the the local comprehensive plan.Public facility of (5) Requirements for Monitoring and Evaluation.In ad- facility and service avail- dition to the general monitoring and evaluation requirements ability shall be deemed sufficient if the public facilities and in this Chapter, this element shall be reviewed on an annual . services for a development are phased,or the development is basis. phased,so that the public facilities and those related services SPECIFICAUTHORJTY 163.3177(9).(10 which are deemed necessary by the local government to oper- WIMP ®:163.3177(1),(7),(5),,(a).r4),mol ate the facilities necessitated by that development,are avail- HISTORY—New 3 6-8Q,bne�+ded 10 Ip dQ 11-??89 I-2-92,3-23-94. able concurrent with the impacts of the development; 7. Provisions for the adoption of a capital budget as a 9J-5.018 Optional Elements. part of the annual budgeting process; (1) If the local government adopts optional dements pur- suant to Paragraphs 163.3177(7)(a)—(k),Florida Statutes,such 8. Assessing new developments a pro rata share of the rests necessary to finance public facility improvements neces- elements must be related to and consistent with all other ele- mentssitated by development in order to adequately maintain adopted of the comprehensive plan and meet the requirements level of service standards;and specified within Rule 91-5.005. 9. The rise of local government fiscal policies to direct (2) Optional elements must address and be consistent expenditures for capital improvements which recognize the with the relevant goals and policies in the State Comprehen- policies of the other comprehensive plan elements. sive Plan and the appropriate comprehensive regional policy (4) Requirements for Capital Improvements Implemen- plan' talion (3) Optional elements submitted pursuant to Subsection 163.3167(2), Florida Statutes, must be completed and trans- 40 RULE 9J-5 miffed at the same time as the required portion of the compre- to an impending natural disaster. hensive plan. Subsequent to initial plan submittal pursuant to (b) The existing transportation map or map series shall Subsection 163.3167(2), Florida Statutes, optional elements identify the following: that are added will be considered amendments to the compre- 1. Existing peak hour, peak direction levels of service hensive plan. for roads and mass transit facilities and corridors or routes; SPECIFICAUTHORITY 163.3177(9)FS and LAW IMPLEMENTED: 163.3177(1),(5),(7)• (8).(9)FS. HISTORY—New 3-6-86.Amended 10-20-86. 2. Capacity of significant parking facilities and dura- tion limitations(long-term or short-term),where applicable. 9J-5,019 Transportation Element. (3) TRANSPORTATION ANALYSIS REQUIRE- (1) APPLICATION AND PURPOSE. A local govern- MENTS.The element shall be based upon the following analy- ment which has all or part of its jurisdiction included within ses which address all modes of transportation and support the the urbanized area of a Metropolitan Planning Organization comprehensive plan pursuant to Subsection 91-5.005(2), (MPO) pursuant to section 339.175, Florida Statutes, shall (a) An analysis of the existing transportation system lev- prepare and adopt a transportation element consistent with els of service and system needs based upon existing design the provisions of this Rule and Chapter 163, Part II, Florida and operating capacities;most recently available estimates for Statutes.For the affected jurisdictions,the transportation ale- average daily and peak hour vehicle trips;existing modal split ment shall replace the required plan elements of:traffic circu- and vehicle occupancy rates;existing public transit facilities, laden; mass transit;and ports,aviation,and related facilities including ridership by route, peak hour capacities and as provided in this Chapter. Within a designated MPO area, headways;population characteristics,including transportation the transportation elements of the local plans shall be coordi- disadvantaged; and the existing charm of the major nated with the long range transportation plan of the MPO. trip generators and attractors within the community The purpose of the transportation element shall be to plan for (b) An analysis of the availability of transportation fa- a multimodal transportation system that places emphasis on chides and services to serve existing land uses public transportation systems. (c) An analysis of the adequacy of the existing and pro- (2) EXISTING TRANSPORTATION DATA REQUIRE- ject ed transportation system to evacuate the coastal popula- MENTS.The element shall be based upon the following data tion Prior to an impending natural disaster requirements pursuant to Subsection 9J-5.005(2)of this Chap- (d) An analysis of the growth trends and travel patterns ter and interactions between land use and and the (a) The general location of the following transportation Compatibility between the future land use and transportation system features shall be shown on an existing transportation elements, including land use compatibility around airports. map or map series: (e) An analysis of existing and projected intermodal de- 1. Road System: ficiencies and needs such as terminals,connections,high oc- a Collector roads; cupancy vehicle lanes,park-and-ride lots and other facilities. b. Arterial roads; (f) An analysis of the projected transportation system levels of service and system needs based t the figure land c. . Limited and controlled access facilities; d. Significant Parking facilities, as determined by the use categories, including their densities or 'flea of use local government. as shown on the future land use map or map series, and the 2. Public Transit System: projected integrated transportation system.The analysis shall a Public transit routes or service areas; demonstrate integration and coordination among the various modes of transportation, including rail," airport and seaport b. Public transit terminals and transfer stations; c. public transit rights.uf-way and exclusive public um_ facilities. The analysis shall address the'need for new facili- sit corridors; ties and expansions of alternative transporiadon modes to pro- 3. Significant bicycle and pedestrian ways, as deter- vide a safe and efficient transportation networkand enhance mined by the local government; mobility. The methodologies used in the analysis, Including 4. Port facilities; the assumptions used,modeling applications~and alternatives Considered shall be included in the plan support document 5. Airport facilities including clear zones and obstruc- tions; The analysis shall address the effect of transportation 6. Freight and passenger rail lines and terminals;and concurrency management areas, if any pursuant to Rule 9J- 7. Intermodal terminals and access to intermodal facili- 5.0055(5),FA.C.,and the effect of transportation concurrency ties. exceptions,if any,pursuant to Rule 91-5.0055(6)and(7). 8. The existing functional classification and mainte- (g) The analysis shall consider the projects planned for fiance responsibility for all roads; in the Florida Department of Transportation's Adopted Work Program, long range transportation plan and transportation 9. The number of through lanes for each roadway, 10. The major public transit trip generators and attractors improvement program of the metropolitan planning organi- based upon the existing land use map or map series; zation,and the local transportation authority(ies),if any,and 11. Designated local and regional transportation facili- compatibility with the policies and guidelines of such plans. ties, critical to the evacuation of the coastal population prior (h) The analysis shall demonstrate how the local goy 41 RULE 91-5 ernment will maintain its adopted level of service standards vided to serve the existing and future land uses as demon- for roads and transit facilities within its jurisdiction and how strated by the supporting data and analysis in the comprehen- the level of service standards reflect and advance the purpose sive plan. of this section and the goals, objectives, and policies of the 2. Control of the connections and access points of drive- future land use element and other elements of the comprehen- ways and roads to roadways; sive plan. 3. Establishment of n strategies that will (i) The analysis shall explicitly address and document parking promote the internal consistencyof theplan, especially provisions goals�objectives; its rovisions 4. For existing or future transportation rights-of-way and addressing transportation, land use,and availability of facili- corridors designated in the local government comprehensive tics and services. plan,establish measures for theirdo (j) An analysis which identifies land uses and transpor- protection; °'preservation,or tation management programs necessary to promote and sup- 5. Establishment ofland use and other strategies to port public transportation systems in designated public trans- mote sett pro- portation corridors. 6. Establishment dCtransportation demandmanagepent (4) REQUIREMENTS FOR TRANSPORTATION programs to moths r peak hour tri demand sad r'oduoC GOALS,OBJECTIVES AND POLICIES.- number of vehicle miles (a) The element shall contain one or more goal state- mutiny and regiontravei � ia 00m" ments which establish the long-term end toward which trans- 7. Establishment orftranspo portation programs and activities are ultimately directed. dation system management (b) The element shall contain one or more specific ob- !lance strategiesay; to improve system mac , �' jectives for each goal statement which address the require- 8. Coordination of merits of Subsection 163.3177(6)(j), Florida Statutes, roadway�transit�'�improve- menu and menu with the future needs of seaports, airports, and other which: related public transportation facilites 1. Provide for a safe, convenient, and energy efficient 9. Establishment of land use, site and building design multimodal transportation system; guidelines for development in exclusive public transit cord- 2. Coordinate the transportation system with the future dors to assure the accessibility of new development to public land use map or map series and ensure that existing and pro- transit. - posed population densities,housing and employment patterns, 10. Establishment of numerical indicators against which and land uses are consistent with the transportation modes the achievement of the mobility goals of the community can and services proposed to serve these areas; be meastured,such as modal split,annual transit Uips per capita, 3. Coordinate the transportation system with the plans automobile occupancy rat x and pion of any applicable metropolitan planning orga- 11. Establishment of strategies, agreements and Other nization,transportation authority,Florida Transportation Plan mechanisms with applicable local governments and regional and Florida Department of Transportation's Adopted Work and state agencies that demonstrate the areawkle na- Program;and vices based upon the provision f ovises ofefficient public transit ser- ing and other to ai traa transportation,implement the laid use,p�k- P the; on- pon and proposed major trip generators 12. A coordinated and consistent policy With the future and attractors, safe and convenient public transit terminals, land use element to encourage land uses which prossete pub- land uses and accommodation of the special needs of the trans- lic transportation in designated public transportation cord- portation disadvantaged. dors; 5. Provide for the protection of existing and future 13. Establishment of strategies to facilitate local traffic rights-of-way from building encroachment to use alternatives to the Florida Intrastate Hr ghway.System 6. Meet the requirements of Subsections 91-S.007(3)(b), to protect its interregional and intrastate functionc and 9J-5.008(3)(b)and 9J-5.009(3)(b),of this Chapter. 14. Development of strategies to address intermodal ter- (c) The element shall contain one or more policies for urinals and access to aviation, rant and seaport facilities. each objective which address implementation activities for the: 15. Meet the requirements of subsections 91-5.007(3Xc), I. Establishment of level of service standards at peak 9J-5.008(3Xc)and 91-5.009(3Xc)of this Chapter. hour for roads and public transit facilities within the local (5) FUTURE TRANSPORTATION MAP government's jurisdiction as specified in Subparagraphs 9J- (a) The general location of the following transportation 5.007(3Xc)1.and 9J-5.008(3Xc)1.of this Chapter.For facili- system proposed features shall be shown on the future trans- ties on the Florida Intrastate Highway System as defined in s. portation map or map series: 338.001 F.S., the local governments shall adopt the level of 1. Road System: service standards established by the Department of Transpor- a. Collector roads; tation by rule. For all other facilities on the future traffic cur- b. Arterial roads; culation map,local governments shall adopt adequate level of c. Limited and controlled access facilities; service standards. These level of service standards shall be d. Local roads,if being used to achieve mobility adopted to ensure that adequate facility capacity will be pro- e. Parking facilities that are required to achieve mobil- 42 RULE 9J-5 ity goals; tent with a comprehensive regional policy plan or the State 2. Public transit system: Comprehensive Plan if the local plan is compatible with and a. Public transit routes or service areas; furthers such plans. b. Public transit terminals and transfer stations; (2) The term"compatible with"means that the local plan c. Public transit rights-of-way and exclusive public tran- is not in conflict with the State Comprehensive Plan or appro- sit corridors; priate comprehensive regional policy plan.The term"furthers" 3. Transportation concurrency management areas pur- means to take action in the direction of realizing goals or poli- suant to Rule 91-5.0055(5), F.A.C., if any; des of the state or regionallan. For the of deter- 4. Transportation concurrency exception areas pursu- mining consistency oft the local plan with State Compre- ant to Rule 91-5.0055(6) F.A.C., if any; hensive Plan or the appropriate comprehensive regional policy 5. Significant bicycle and pedestrian facilities; plan the state or regional plan shall be construed as a whole 6. Port facilities; and no specific goal and policy shall be construed or applied 7. Airport facilities including clear zones and obstruc- in isolation from the other goals and policies in the plans. tions; (3) Elements required pursuant to Sections 163.3177 and 8. Freight and passenger rail lines;and 163.3178, Florida Statutes, and optional elements shall in- 9. Intermodal terminals and access to such facilities dude goals, objectives, or policies that are compatible with (b) The future transportation map or map series shall and further the intent of the State Comprehensive Plan and identify the following: the appropriate comprehensive regional policy plan.Each lo- 1. The functional classification and maintenance respon- cal government shall review all the State Comprehensive Plan sibility for all roads; goals and policies. Each local government shall address in its 2. The number of proposed through lanes for each road- comprehensive plan the goals and policies which are relevant way; to the circumstances or conditions in its jurisdiction. The de- 3. The major public transit trip generators and attractors cision regarding which particular State Comprehensive Plan based upon the future land use map or map series; goals and policies will be furthered by the expenditure of a 4. Projected peak hour levels of service for all transpor- local government's financial resources in any given year is a talion facilities for which level of service standards are estab- decision which rests solely within the discretion of the local lished;and government. 5. Designated local and regional transportation facili- (4) In addition, the local government shall attach to its ties critical to the evacuation of coastal population prior to an comprehensive plan or plan amendment at the time of trans- impending natural disaster. mittal to the Department a listing entitled"Consistency of the SPECIFIC AUTHORITY 163.31 77 FS Local Comprehensive Plan with the State ComprehensivePlan, L4W IMPLEMENTED:163.3177,163.31 78 FS HISTORY—New 3-23-94. " which shall list the State Comprehensive Plan goals and policies which are addressed in its proposed plan or amend- 9J-5.021 Consistency of Local Government Compre- ment and which shall indicate the plan element or elements, subsection or subsections,and page number or numbers,where hensive Plans With [Strategic] Regional Policy Plans and each of the State Comprehensive Plan goals and policies is With the State Comprehensive Plan. (1) Each local government comprehensive plan shall be `fr SPECIFIC AUTHORITY 163 consistent with the appropriate comprehensive regional 9)(c).(10) policy L41V IMPLEMENTED:163.31177(3)77(3).(4),(6).(7), (9)(c).(1O), 163.31 78 n plan and the State Comprehensive Plan as it appears in Sec- chapter 8s-sr.Laws of Florida.Section 2. tion 187.201, Florida Statutes. A local plan shall be consis- HISTORY—New 3-6-86,Amended 10-20-86. 43 C�GtC rd, C�GL/,�Z!lu.1.1Go,ze,A`j C, ,�9 3301 East Tamiami Trail • Naples, Florida 33962-4977 John C. Norris (813) 774-8097 • Fax(813) 774-3602 (1 4 District 1 QU1.0 Michael J.Volpe District 2 Timothy I. Constantine September 7, 1994 ENVIRONMENTAL SERVICES ROUTING District 3 E: WO DAT Burt L.Saunders District 4 ACTION: Bettye J. Matthews , District 5 INFO: Mr. Derek A. Hodgin tot/z � / 1220 11th Street North FILE: s Naples, FL 33940 id ' Subject: Environmental Policy Technical Advisory Board4412 Dear Mr. Hodgin: While convened in regular session on September 6, 1994, 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, 1998, 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 of this advisory ommittee. If I can ever be of service to you during your term, • ease do not hesitate to contact me. Very t ly yours, J Timo y . Constantine, Chairman Comm• ss • •ner, District 3 TJC: sf cc: Bill Lorenz, Environmental Services Administrator l ......, ._ 011,14,, moci,paynt&, n,,a, 6_„,-„,:Ji,.„-,.„J c ,,,_, sp 3301 East Tamiami Trail • Naples, Florida 33962-4977 ;/ John C. Norris (813) 774-8097 • Fax (813) 774-3602 0 ' ,,a -'4 District 1 SUN Michael J.Volpe District 2 September 7, 1994 r �Y Timothy J. Constantine ENVIRONMENTAL 3EHib;CILIN NO District 3 Burt L. Saunders DATE: f i i District 4 Bettye J. Matthews ACTION: District 5 INFO: Mr. Thomas P. Ciranna _______ 1179 Breakwater Court ®�- '----•�___w___r Marco Island, FL 33937 f ILE: Subject: Environmental Policy Technical Advisory Board � ��' Dear Mr. Ciranna: While convened in regular session on September 6, 1994, the Board of County Commissioners voted to appoint you as a regular member on the above-referenced advisory committee. Your appointment will expire on Setember 30, 1998, 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. Bylaw, 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. 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. 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 advisor oard. Very t ly yours, Timothy, J. Constantine, Chairman Commissioner, District 3 TJC: sf cc: Bill Lorenz, Environmental Services Administrator • t.L 0 tgaai.' ?C�a/i p C�Gveral� CGL/. u iG�/Zei-i C j�9 i. .i 3301 East Tamiami Trail • Naples, Florida 33962-4977 pit' , John C. Norris (813) 774-8097 • Fax(813) 774-3602 0 `‘..,° .€4 District 1 0U$ Michael J. Volpe District 2 September 7, 1994 Timothy J. Constantine ---- ,_on�---__ District 3 ENVIRONMENTAL S=RVCS Rj SING Burt L. Saunders DATE: P 0 District 4 Bettye J. Matthews ACTION: District 5 ----------''-----j• INFO: Mr. Michael V. Taranto 9961 Boca Avenue North Naples, FL 33942 RJLF. Subject: Environmental Policy Technical Advisory Board Dear Mr. Taranto: While convened in regular session on September 6, 1994, 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, 1998, 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. 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. 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 ard. Very tru yours, Timot y- . Constantine, Chairman Commi s ' ner, District 3 TJC: sf cc: Bill Lorenz , Environmental Services Administrator RESOLUTION NO. 94-467 A RESOLUTION APPOINTING JACK BAXTER, CHARLES F. RAY AND GARY K. WILSON TO THE COLLIER COUNTY ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD. WHEREAS, Collier County Ordinance No. 91-26 creating the Collier County Environmental Policy Technical Advisory Board provides that the Board shall consist of nine (9) members; and WHEREAS, the Board of County Commissioners on June 18 , 1991 adopted Collier County Ordinance No. 91-48 which amends Ordinance No. 91-26 by providing that the Collier County Environmental Policy Technical Advisory Board shall consist of eleven (11) members; and WHEREAS, three (3) members have resigned from their positions on this Board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Jack Baxter, Charles F. Ray, and Gary K. Wilson meet the prerequisites for appointment and are hereby appointed to the Environmental Policy Technical Advisory Board. The terms of office of these members shall be recommended by the Environmental Policy Technical Advisory Board and thereafter approved by the Board of County Commissioners as the Board deems appropriate. This Resolution adopted after motion, second and majority vote. DATED: �J June ,28 , 1994 ','ATTEST: BOARD gE-CCSUN�Y COMMISSIONERS DWIGHT E.'' BROCK, CLERK COL R COUNTY, FLORIDA 7-1yo7"67 B Y: r IM•THY JOIFONSIW INE, CHAIRMAN Approved as to form and legal sufficiency: Kenneth B. C r County Attor ey ADV.BD./kn/6043 RESOLUTION NO. 94-656 A RESOLUTION APPOINTING THOMAS P. CIRANNA, MICHAEL V. TARANTO, AND REAPPOINTING DEREK A. HODGIN TO THE COLLIER COUNTY ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD. WHEREAS, Collier County Ordinance No. 91-26 creating the Collier County Environmental Policy Technical Advisory Board provided that the Board shall consist of nine (9) members; and WHEREAS, the Board of County Commissioners on June 18, 1991 adopted Collier County Ordinance No. 91-48 which amends Ordinance No. 91-26 by providing that the Collier County Environmental Policy Technical Advisory Board shall consist of eleven (11) members; and WHEREAS, the terms of three (3) members will expire on September 30, 1994 ; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Thomas P. Ciranna and Michael V. Taranto are hereby appointed for four year terms, said terms to expire on September 30, 1998 . IT IS FURTHER RESOLVED that Derek A. Hodgin is hereby reappointed for a term of four years, said term to expire on September 30, 1998 . This Resolution adopted after motion, second and majority vote. DATED: September 6, 1994 ATTEST:' ' .,., BOARD .F COUNTY COMMISSIONERS DWIGHT E. .`$ROCK, CLERK COL . ER COUNTY, FLORIDA !IMO Y,. J.GO SWINE,INE, CHAIRMAN Approved 'as to form and legal sufficiency: Kenneth B. ler County Attorney ADV.BD./kn/6079 .4 , ” COLLIER COUNTY GoVERN.I ;NT Fy V` DIVISION OF ENVIRONMENTAL SERVICES 3301 E.TAMIAMI TR. NATURAL RESOURCES DEPARTMENT NAPLES,FL 33962 August 25, 1994 (813)732-2505 FAX(813)774-9222 Valerie Boyd A CICRTIFIED BLUE CHIP COMMUNITY Chairman South Florida Water Management District ni:CEI 3301 Gun Club Road West Palm Beach, FL 33416-4680 MAY 0 8 1935 Dear Valerie: , +v,; r The Collier County Environmental Policy Technical Advisory Board (EPTAB) is in the process of developing an annual work plan for the coming year. Because the water resources of Collier County are of primary importance to several elements of the EPTAB work plan, we believe that coordination with the South Florida Water Management District, and particularly with the Big Cypress Basin Board, would be valuable. At our last meeting, it was unanimously agreed that we would both benefit from and enjoy having a representative of the Basin Board attend an upcoming EPTAB meeting. Therefore, it is my pleasure to extend an invitation to you to attend the October or November meeting, whichever best fits your schedule. EPTAB meetings are held on the second Monday of the month (October 10/November 14) at 4:00 p.m. We hope your schedule will allow your attendance. Please feel free to call me at your convenience at (813) 649-4040 to discuss our invitation and possible items for discussion. Cordially, ENVIRONMENTAL SERVICES ROUTING DATE: ,k/V94 Dorothea P. Zysko Chairman, ACTION: Collier County Environmental Policy Technical Advisory Board INFO: cc: EPTAB members Board of County Commissioners I FILE: ( 91 AR.13 COLLIER COUNTY GOVERNMENT DIVISION OF ENVIRONMENTAL SERVICES 3301 E.TAMIAMI TR. NATURAL RESOURCES DEPARTMENT NAPLES,FL 33962 Environmental Policy RECEIVED (813)732-2505 Technical Advisory Board FAX(813)774-9222 MAY 0 1935 A CERTIFIED BLUE CHIP COMMUNITY January 12, 1995 NATURAL RESOURCES '`\_D€FARTMENT ENVIRONMENTAL SERVICES POUTING The Honorable Bettye Matthews >> J Chairman, Board of County Commissioners DATE: //l-3/4.S Collier County Government Complex 3301 East Tamiami Trail ACTION: ______— Administrative BuildingNaples, Florida 33962 INFO: Re: Wiggins Pass Inlet Management Plan FILE: _ Dear Chairman Matthews: The Environmental Policy Technical Advisory Board (EPTAB) has reviewed the Wiggins Pass Inlet Management Plan Final Draft Report (dated August 1994) prepared by Coastal Planning & Engineering, Inc. for the Board of County Commissioners. The Plan was reviewed with respect to consistency with the Collier County Coastal Zone Management Plan (CZMP) policies and the Plan's basis to provide navigation for vessels with a three foot draft or less. Based on our review, the EPTAB recommends that: 1.) the East Channel be eliminated from the Plan due to inconsistency with the CZMP recommendation number 1.24, which states that "The County shall only support currently altered pass and navigational channel dredging and maintenance that is consistent with and required by State and Federal boating safety and navigation standards and requirements (reference CCME Objective 11.2).", 2.) the East Channel not be included in the request for exemption from the Outstanding Florida Water designation under consideration by the State, and 3.) the South Channel and Water Turkey Bay construction depths outlined in the Plan be re-examined with the intent to minimize the allowable overdredge and advanced maintenance depths to the extent practicable. page 2 Chairman Matthews January 12, 1995 If you should have any questions regarding our recommendations, please feel free to call me at 649-4040, extension 5903.We will be pleased to present the results of our review to the Board prior to final consideration of the Plan. Cordially, Dorothea P. Zysko Chairman Environmental Policy Technical Advisory Board cc: Tim Constantine, County Commissioner Pam Mac'Kie, County Commissioner Tim Hancock, County Commissioner John Norris, County Commissioner W. Neil Dorriy, County Manager Bill Lorenz,`£nvironmental Services Division Jerry Neal, Capital Projects Environmental Policy Technical Advisory Board Members AUG 24 '94 14:15 P.S.P. 1.-S. 583 P02 }7 be r 17 rote4V5 © ). n &LA.L1/4467,sc 17444,ti - FIVE CONCERNS al- 8),23)1f r-►-4irc. 114.10 A. Ground Water Resources 1. Aquifer recharge vs. surface water drainage. 2. Demand management (conservation, cost, alternative sources). 3. Aquifer protection from contamination. • 4. Allocation of the resource - urban/agriculture. • B. Surface Water Quality 1. Chemical and nutrient discharge. 2. Appropriate fresh water discharge in our bays-restoration of sheetflow. 3. Stomiwater retention/detention for quality improvement and recharge. G. Clean Air, Indoors and outdoors D. Ecological 1. Assessment of working ecosystems and Identification of essential functions for sustainability. 2. Preserve and protect those essential functions 3. Restore, recreate or create more functioning ecosystems a. Aquifer Water Recharge b. Sot{ (muck) protection • c. Wildlife & species habitat protection d. Reforestation (i.e. abandoned agricultural land) • E. Create development standards that 1. Blend the protection of our water resources such as aquifer recharge areas, detention and retention facilities with the protection of sustainable functioning ecosystems. • 2. Allow development of residential, commercial and light Industrial • zones that enhance or at least do not detract from our , environment. :x: • 3. Maintain a 'Quality of Life Standard' acceptable to man, native flora and fauna. 4. establish public-private partnerships to share the burdens and benefits of protection of high quality ecosystems. How we accomplish this is through strategic planning. The difficulty is not in identifying the problem areas but in deciding the measuring units to be applied. We must have the right mix of regulations and incentives that produces the balance that is necessary to perpetuate the healthy environment and climate of Southwest • Florida. 10-aA/ ENVIRONMENTAL SERVICES DIVISION MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners VV7)= FROM: William D. Lorenz Jr. , P.E. , Administrator Environmental Services Division DATE: 12-Aug-1994 SUBJECT: Terms for new EPTAB members On August 8 , 1994 EPTAB selected the terms for the following members: Gary Wilson, September 1995 Chuck Ray, September 1996 Jack Baxter, September 1997 If you need additional information, please let me know. WDL:pc c: Environmental Services File NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: Sue Filson, Administrative Assistant, Board of Cou�Commissioners FROM: William D. Lorenz Jr. , P.E. , Administrator DATE: August 10, 1994 SUBJECT: EPTAB Vacancy As requested in your July 25, 1994 memo, EPTAB met on August 8, 1994 and considered the following four applicants for appointment to the three vacancies: Derek A. Hodgin Thomas P. Ciranna Michael V. Taranto Gary L. Beardsley EPTAB recommended Derek Hodgin for reappointment on a vote of 6-0. EPTAB voted to not appoint the other applicants on the following votes. Thomas Ciranna (6-1 Against) Michael Taranto (7-0 Against) Gary Beardsley (4-2 Against) As you requested, I have also included a matrix which categorizes the applicants in areas of expertise. Attachment C: EPTAB Environmental Services File WL: jl\6929 EXPERIENCE HODGIN CIRANNA TARANTO(1) BEARDSLEY PAST EXPERIENCE AIR QUALITY BOTANY X COASTAL PROCESS X ECOLOGY X X ESTUARINE PROCESS X HAZARDOUS WASTE X HYDROGEOLOGY X HYDROLOGY X HYDRAULICS X POLLUTION CONTROL X SOLID WASTE STORMWATER X WATER RESOURCES X X WILDLIFE MANAGEMENT X X ZOOLOGY X LAND-USE LAW LAND-USE PLANNING X X DEVELOPMENT REPRESEN- TATIVE (1) No areas of expertise were demonstrated from information submitted. >d Vocie/f DRAFT: Auyust 9 , 1994 APPROVED: ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF August 8, 1994 PRESENT: Gary Beardsley Nancy Payton Dave Addison Robert Duane Dorothea Zysko Derek Hodgin Steve Means NOTIFIED Chuck Ray Gary Wilson Jack Baxter ABSENCES: STAFF: Bill Lorenz Marjorie Student Kevin Dugan I . Meeting called to order at 4 : 08 PM. II. Roll was called by Dorothea Zysko. III. Gary Beardsley questioned why the MPP Recommendations (see attached) to the BCC was not signed, and pointed out that the minutes did not have the date of the meeting. The minutes of the July 11, 1994 were approved. V. OLD BUSINESS a. Standing Committee Reports 1. Steering Committee Steve Means reported that no chairperson had been selected. Items discussed at the meeting were the County Work Plan, NRPAs, the BCC workshop in August, Aquifer recharge, EAR, Environmental Problems, and Policy workshop. The committee is waiting on input from the other standing committees. Members were to meet following the EPTAB meeting to schedule the next meeting. 2 . Natural Resources Protection Area Chuck Ray had called in to report he was the only member in attendance along with Gary Beardsley. He was brought up to date on the Clam Bay NRPA by Dick Hartwell. Dorothea stated that meeting attendance is critical and that the schedule is the second Monday of each month. All members should make an earnest effort to shcedule their time to allow attendance at both monthly and standing committee meetings. 3 . Growth Management Robert Duane addressed action items; GMPs from Regional and State, Document reflecting updated GMP, Agree to a -1- checklist Lo evaluate policy, and Public Participation. Marjorie Student stated the state plan is contained in F. S. 201, and Bill Lorenz will try to provide other plans b. Environmental Services Department Work Plan Update Bill Lorenz reported that the staff was working on the plans and that they should be completed in September. c. The North Golden Gate Estates issue was referred to the NRPA Standing Committee. d. New Members terms were selected by Lottery Sept. 1995 Gary Wilson Sept. 1996 Chuck Ray Sept. 1997 Jack Baxter VI. NEW BUSINESS a. EPTAB Annual Report Discussion centered on what annual cycle to report on and what report would consist of. Gary mentioned that the EAR process is a report. The item was referred to the Steering Committee. b. Invited Guests Derek Hodgin suggested that guests be invited to subcommittee meetings, e.g. Jon Staiger Clam Bay NRPA. Dorothea stated it is appropriate if actions will affect certain members of the public, e.g. Ag people and the Camp Kaeis NRPA. Virginia Corkran mentioned that Mike Slayton was supposed to report from the Big Cypress Basin Board. Dorothea stated she would write a letter to invite Mr. Slayton to address the EPTAB. c. Viable Native Habitat Definition Gary said there were conflicting definitions within the GMP. Should be an EAR problem. The item was referred to the GMP committee. d. Recommendation for New Members Discussion centered on that the 2 new applicants and the 2 reappointments. Dave Addison made the Motion that applicants be voted on individually. At this point Derek Hodgin left the room for the vote on his reappointment. The motion was made that Derek Hodgin be reappointed to a 4 year term and was passed unanimously. Derek returned to the room. The motion was made to recommend Thomas Ciranna to fill Chris Hagen's position and failed 6 to 1. The motion was made to recommend Michael Taranto to fill Chris Hagen's position and failed 7 to 0. Gary left the room for the vote on his reappointment. The motion was made to reappoint Gary Beardsley to a 4 year term and failed 4 to 2 . Gary returned to the room. These recommendations will be transmitted to the BCC along eht -2- the terms for the three new members. e. Meeting Location Discussion was on should meetings be held in a more formal setting. It was decided that public workshops should be held in a more formal setting when public input is required. VII . Meeting adjourned at 5: 58 PM ACTION ITEM(S) : -3- ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: AUGUST 8, 1994 ftp„ PLACE: COLLIER COUNTY GOVERNMENT COMPLEX, BUILDING H, 3RD FLOOR CONFERENCE ROOM C TIME: 4 : 00 P.M. I. CALL MEETING TO ORDER II. ROLL CALL III . APPROVAL OF MINUTES IV. ANNOUNCEMENTS V. OLD BUSINESS a. Standing Committee Reports 1. Steering Committee 2 . Natural Resource Protection Area 3 . Growth Management b. Environmental Services Department Work Plan Update c. North Golden Gate Estates d. EPTAB Vacancy VI. NEW BUSINESS a. EPTAB Annual Report b. Invited Guests c. Viable Native Habitat Definition d. Recommendation for New Members e. Meeting Location VII. ADJOURNMENT jl\6794 PiUG - 1O-94 WED 13 : 19 /� "8\ P. 01 tf1 Peg h `S �. -'�. 4 �+o��.t�.. Floridater da m .,�......_._......_ .,t District _.�_-�- -___.._.....�. Management °.. _ �°/ Fart hlyera Ser ice Center,_ 13V,C& ,ma! eivil `y ir gi d Fort Myers.FL 33907 • (813)278-SFW • i 9Oo.24a-trp • FA(813}278-7310 Regulation Department -• t AXE Li Irri/47Zil ■j r 0. I f4E4i F. August 8, 1994LL �/ `, ';�. ineS42.# id; Mr. Gary L. Beardsley .. Tropical Environmental Consultants, Inc. f VI r,_ .... 2396 13th Street North Naples, Florida 3 � ' y�� ► ;4 mW . Dear Mr. fie acrd X17, w, �' (-- ,. 0;1 0 ,/ir./?‘;'', 4:1" 02- Subject; Wetland Terminology , ... M � � : . ,', ;. die re Ce,y4 4 F I reviewed the 1991 memo faxed to my office on August 5 1994 con r..nin� wetland r Y terminology utilized' by the District to assess wetland quality Thesedefinitions were never officially adopted by the.District. However,they do provide some limited guidance fordetermining the quality of wetlands. Even when using these definitions, ,final. determination of wetland quality would depend on several factors reviewed,during the site visit, such as the percentage of exotic infestation, the extent of n'anma.k alterations and their effects on wetland. .functions, and characteristics of a ~norinal or "altered" hydroperiod. Although the District has expanded the terms we utilize to describe wetland quality we have not developed:specific parameters which would be applicable under all conditions. As a result, 'determination of wetland quality remains'fairly subjective and dependent upon the site inspector. Generally, we have found that a singular wetland will contain areas of varying quality and characterization of the wetland as a whole is not appropriate From our experience, the determination of wetland quality becomes necessary only when wetland impacts and mitigation are proposed. At that int, wetland quality is utilized to assess mitigation ratios. As proposed in the new ERF bale, currently awaiting administrative hearings., R range of mitigation ra ios would he assigned for specific wetland t( pes and n1iti *tion activities. However, there a o no •e. 'tie, -.included in this .Pf-'—�MIMW.rFw1 WwY{Ygr��'I. oulhyMY.r.wMy,� rule whi h ey .�..�u,��etarzd call As you are aware, the primary criteria for determining the perrn.ittabihty of wetland impacts is to prove 'there are no feasible alternatives. For purposes of compilation of the County Growth Management Plan, it '..owerningBoard: Valerie Boyd,Chairman William,Hammond Eugene K.Pettis Ti'ford c. Greet,Executive Director 1''ratik Williamson,Jr.,Vice Chairman ties,Krant Nathaniel P.Reed Thomas fi ° :acL'ioar.Deputy E:xecutiv D rector .Annie Betancourt AclanMillecdge Leah G.Schad HUL.- 1U- 4 WtL 16 ;..;: lF'. k?Z G. Beardsley August 8, X 9 4 Page 2 might be more beneficial to promote the protection of all w t els regardless of ual ''• This approach might help insure that currently degraded wetlands would be prese rved and restored in the future I hope this information is helpful. If I can be of further assistance please contact me at 813/278-7396, Sincerely, C /r en M. .1o4,son Supervising l rofessional Fort Myers Service. Center South Florida Water Management District K31kmj riVU- 16)_ • •4 WtU 1 •� �� F' . ky3 r /4P- MEMORANDUM TO: • Marie.-Christine Leavitt FROM; - Deborah Cess Supervising Professional NRM Division or DATE: April 2, 1991 SUBJECT: Automated Staff Report Definition of Terms During the meeting of March 20, 1991 additional clarification and definition of terms for the environmental section of the automated staff report was requested. The terms are defined below. Please note that these definitions are preliminary and may be subject to change pending Stuart's return from vacation and additional intra-divisional review. Piease call if you have any questions. Non-functional v a remnant wetland which no longer provides the basic biological function of secondary productivity, e.g. production of aquatic invertebrates, amphibians, reptiles, and forage fish, which form the basis of the food chain for wetland dependent species. These remnant wetlands do not have a hydroperiod of sufficient duration to produce populations of secondary aquatic organisms. • • Poor - a wetland which has been impacted by past land uses such that the wetland •,is in a degraded condition. The wetland still retains a minimal hydroperiod which is sufficient to provide some secondary productivity; however, the period of inundation has been reduced substantially and/or only the deepest portions of the wetland still provide these marginal functions. Exotic, nuisance and transitional vegetation are often present in these wetlands. Fair - a wetland which has been impacted by past land uses such that the hydroperiod has been altered from a historic condition_, The wetland still provides secondary productivity although the extent of this production has been reduced from historic conditions. Some exotic and transitional vegetation may be present in these wetlands, however the vegetation is primarily composed of typical wetland species. Good - a wetland which exhibits minimal evidence of past disturbance or land uses. Soils, vegetation and hydroperiod appear to he normal. The overall biological condition of the wetland is good. Exotic, nuisance and transitional vegetation are absent or minimal. I-ILILs — y.4 w .L 10 :x + Marie-Christine Leavitt UG ,r / 1 Aril 2, 1991. 0 Page 2 , Pristine - a wetland which has not been altered by human activities such as past land use practices. Vegetation, soils, and hydrology are unchanged from historic conditions. The overall biological condition of the wetland ranges from very good to excellent. Seconda , roductivit and wildlife utilization are maximized. Exotic, nuisance an= :ansatonal vegetatio are absent. • • 4 From the Desk of WILL„ Administrator Collier County D. LORENZ JR., p,E, Environmental Services f2_ 42/C-''1441C "1- e ePi 'S LevoL•t..6.://4-1 C3OL 8/70) NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: William D. Lorenz , P. E. Administrator FROM: /'Kimberly J. Polen Environmental Specialist II DATE: August 4 , 1994 SUBJECT: Notes from the August 1st GMP Committee Meeting PRESENT: Jack Baxter Gary Beardsley Robert Duane Gary Wilson Kimberly Polen (Staff) Gary Beardsley recommended Robert Duane as Chairman of the GMP Committee. Robert Duane accepted the nomination and every member present agreed in appointing him. ACTION ITEM: Staff will provide the following publications to the Committee members: 1) GMP Elements with all CCME supporting documents included; 2) Regional Comp. Plan; and 3) State Comp. Plan. ACTION ITEM: Staff wil provide the following memorandums to the Committee members: 1) Status of GOPs for the CCME of the GMP dated 7/14/94 and 2) Revised Schedule for Natural Resources GMP implementation dated 1/31/94 . ACTION ITEM: Staff will provide a checklist format of the various facts regarding the origins, implementation dates, statuses (Staff's Actions, BCC's Actions and Completion Dates) , and the County's Recovery Dates of the GOPs involving the CCME. ACTION ITEM: Staff will request that the Growth Management Section employee (s) , which created the GMP 1992/1993 Monitoring & Evaluation Report and is currently working on this year's report, attend the next GMP Committee Meeting on August 29th to explain how the reports are developed. ACTION ITEM: Staff will provide a Community Outreach Mailing List, which the Committee may elect to send out public notices to the varoius listings. cc: EPTAB - GMP Committee File WIGGINS PASS INLET MANAGEMENT PLAN DRAFT FINAL REPORT Submitted to: Board of County Commissioners Collier County, Florida Submitted by: Coastal Planning & Engineering, Inc. 2481 N.W. Boca Raton Blvd. Boca Raton, FL 33431 August 1994 COASTAL PLANNING & ENGINEERING, INC. IV. NAVIGATION AND PUBLIC SAFETY A. General The Corps of Engineers published a report on Improvements for Small Boat Navigation for Wiggins Pass in 1980. The recommended plan called for a Gulf channel 150 feet wide by 8 feet deep (MLW) with a connecting east and south interior channel. The south interior channel was 50 feet wide x 5 feet deep and the east interior channel was 50 feet wide x 6 feet deep. The total recommended channel length was 4.1 miles. The Gulf channel called for an additional 100-foot width and 4-foot depth for advanced maintenance. The recommended project was not adopted because of unresolved environmental concerns. Recommended channel depths are shown in Table 26. The existing navigation project has only been marginally successful. The Gulf channel shoals rapidly after dredging, becoming difficult to navigate in as little as one year. The controlling depth of the channel in February 1993 was less than -3 feet MLW. This was 14 months after the most recent dredging. The in-filling of the navigation channel has been similar after each dredging. If the channel were dredged to the full dimensions recommended by the Corps of Engineers, adequate navigation could be obtained. Since 1984, the gulf inlet channel has been dredged four times. In 1984, 52,400 c.y. of sand were dredged from the channel and placed south of the inlet. Channel dimensions were modified in 1990 to avoid environmental impacts to a least tern nesting site south of the inlet (Figure 2). In late 1990, 33,000 c.y. of sand were dredged from the channel and placed north of the inlet. The 1990 operation cost $131,754 and was not completed. In late 1991, the inlet channel was dredged again, 34,000 c.y. being removed and placed north of the inlet. The cost was $182,040. A February 1993 survey showed that dredging was again required, which was conducted in late 1993, when 34,000 c.y. was dredged and spoiled south of the inlet. B. Need Maintaining a navigation channel through the ebb shoal is a top priority for Wiggins Pass. Not only is a navigable channel of importance to the coastal community for recreational purposes, it also serves to support commercial boating. A detailed discussion of current usage and needs was prepared by the Wiggins Pass Conservancy, Inc. (Appendix D) and is summarized below. The highest navigation needs in the Wiggins Pass basin is the Gulf channel. In addition, the channels that extend from the Gulf opening of the pass to the east and south need improvements. The east channel extends to the intersection of Route 441 and the Cocohatchee River. The south channel extends through Water Turkey Bay to Vanderbilt Lagoon. Boat counts show that the number of boats using the Wiggins Pass basin have almost doubled since 1978. Boat counts include only the number of boats moored in the Wiggins Pass Basin. The number of boats counted in the Wiggins Pass basin in 1978 123 COASTAL PLANNING & ENGINEERING. INC. was 393, and this has increased to 763 in 1993 (Tables 27 and 28). The majority of the boats are small. Boats with drafts less than three feet account for 96% of the total boat population, and most boats are less than 40 feet in length. The distribution of boats in the east and south channel are similar. Commercial boating activity in the Wiggins Pass basin mainly supports recreational boating. There are 31 commercial boats available for charter, rental or tours, and at least 67 jobs dependent on a navigable Wiggins Pass Basin. Some commercial fishing does occur. The Wiggins Pass Conservancy estimates that at least 30,000 passages through Wiggins Pass occur annually. The Corps of Engineers (1980) determined depth requirements for safe navigation. They recommended channel depths ranging from -5 feet (MLW) in the south channel to -8 feet (MLW) in the Gulf channel (Table 26). In additional, their recommendations included allowable overdredging and advanced maintenance of up to four feet in depth. The existing Wiggins Pass channels are not maintained to the recommended channel depths, nor is overdredging and advanced maintenance called for in dredging plans. In addition, • dredging has been undertaken at infrequent intervals. Existing practices have caused concerns. The ebb shoal channel fills rapidly and is difficult for navigation between one and two years after each dredging event. In May 1993, approximately 11/2 years after dredging, the controlling depth in the ebb shoal was between -2 and -3 feet MLW (Figure 24). Shoals in the interior channels are also a problem. The east and south channel and Wild Turkey Bay have depths less than the Corps of Engineers recommendation. Environmental concerns have been the major factor in limiting navigation improvements. Dredging in the back bays has the potential to impact natural resources and there are concerns that a larger channel system will promote more development in the Wiggins Pass basin. Current practices neither provide for adequate navigation nor limit development. Boat counts show that the number of boats have doubled since 1978, and space exists for 796 more boats (see Appendix D). The ebb shoal channel is partially maintained, but no improvements have yet to be made to the interior channels. C. Recommendation The needs of the Wiggins Pass Basin can be addressed, balancing boating and environmental requirements. A standard for channel depths should be set. The standard should consist of minimum required depth and allowances for shoaling. The current practice of limiting channel depth and dredging to control development and preserve natural resources has had limited success. Development continues in the basin while navigability decreases. Public boating safety is not served by limiting the establishment of adequate navigation depths as a management tool. The following plan is recommended. 125 COASTAL PLANNING & ENGINEERING. INC. 1. Adopt the three-foot draft boat as the planning and design boat standard for the Wiggins Pass basin. Incorporate this boat standard into local ordinances and zoning restrictions. 2. Develop and maintain interior and exterior navigation channel for three- foot draft boats. Allowable overdredging and advanced maintenance depths should be determined by monitoring shoaling rates balanced against environmental impacts. The depths determined by the Corps of Engineers (1980) reflect the industry standard for safe navigation and should be used for all navigation projects to the maximum extent possible. Navigation depths at less than the industry standard are provided at some Florida inlets. South Lake Worth Inlet has a controlling depth through the ebb shoal of approximately -8 feet NGVD (Olsen Associates, Inc., 1990). Boca Raton Inlet had a controlling depth across the ebb shoal of -7 feet NGVD in 1991 (CPE, September 1992). The mean low water datum at these sites is approximately one foot below NGVD. These inlets are widely used for navigation, and the navigation depths provided are adequate, although boaters must use local knowledge and skill to traverse the inlets under conditions of larger waves, especially on an ebb tide. Local interests in Collier County desire a compromise. Adequate, but cautious, navigation can be provided by setting an operating channel depth of no less than -5 feet MLW (-6 feet NGVD) in the interior channels and -6 feet MLW (-7 feet NGVD) in the exterior channel. These depths may be the best compromise between optimum navigation requirements, environmental concerns and development controls. The dredged depth should be an additional 1.0 to 5.0 feet to account for shoaling (advanced maintenance) and dredge inaccuracy. Allowances for shoaling will limit the frequency of maintenance dredging. The selection of shallower operating depths effectively reduces under keel clearance from 2 feet to 1 foot in all channels and wave allowance in the outer channel from 2 feet to 1 foot. When the channels shoal to the operating depths, the larger boats (with a full 3 foot draft) should avoid navigating the channels at the extreme low tide and/or when seas exceed 1 foot. Boats with less than a 3 foot draft would have more flexibility, but captains would need to be advised of the local conditions and use caution and judgement when navigating the inlet. More frequent surveys of the channel, especially of the ebb shoal cut, are advised (6 months) and results provided to boaters at the local marinas. 128 COASTAL PLANNING & ENGINEERING. INC. V. INLET MAINTENANCE AND ALTERNATIVE BYPASSING SYSTEMS A. General In 1986 and 1987 the Florida Legislature amended the provisions of F.S. 161.161 and 161.142 to require mitigation of erosion caused by inlets, recognizing the need for navigation inlets and requiring that the longshore transport along the coast be reestablished at inlets. It has been shown that Wiggins Pass caused erosion of the adjacent beaches. The natural longshore transport of sand is interrupted by the combined effects of the ebb shoal and channel. As it is now maintained, the existing navigation project does not retain sufficient depth for good navigation. The four major goals of the inlet management program and Wiggins Pass study are: 1. Improve navigation 2. Re-establish longshore sediment transport by bypassing sand 3. Mitigate erosional impact of the inlet 4. Minimize environmental effects B. Initial Alternatives This section of the inlet management plan evaluates various engineering alternatives which could be used to decrease sand deficits at the pass while improving navigation. Each alternative is evaluated technically to determine if it meets the goals of the plan. In addition, the final recommendation will be evaluated to determine if it meets the County's Coastal Zone Management Plan (CZMP) objectives. Preliminary engineering designs are developed and the costs of the alternatives are determined. A 15% contingency cost and a 10% engineering cost are included for all alternatives. A monitoring survey cost of$25,000 for each dredge cycle is also included. The cost of the alternatives are annualized over a 50-year project life to form a comparison between alternatives. The interest rate used is 8-5/8%, which is the interest rate the Corps of Engineers uses for its evaluation of navigation and erosion control projects. All alternatives are developed and evaluated based on existing conditions summarized in Section II.M. The environmental impacts associated with the proposed engineering alternatives are discussed in Appendix C. The alternatives that are evaluated in this plan include: 1. Close the inlet 2. Modify channel boundaries 3. Modify channel dimensions and add a deposition basin 4. Continuous dredging program 129 COASTAL PLANNING & ENGINEERING, INC. are more efficient and less costly when conducted under favorable weather and wave conditions. Past dredging of Wiggins Pass would have avoided the winter season, but for the permit restrictions. The Division of Beaches and Shores, DEP (Sole, 1994) has indicated that an extension of the dredging window until May is feasible. The extension would require specific permit requirements and monitoring programs to protect certain natural resources, to include sea turtles and least terns. Changing the permit restrictions for Wiggins Pass is feasible, although it might take considerable effort. If the dredging window could be expanded by two months, it would be worth seeking a new permit. Under current conditions, one dredging event a year is possible. Since most shoaling of the inlet takes place in winter, it would be optimal to dredge at the beginning and end of the winter season. This would allow for nearly continuous dredging. The elimination of the least tern nesting restriction could open up April and May for dredging, and provide this bracket of the winter months. This option should be included as part of the final comprehensive plan. Any new permit request should be for a long term permit. 8. Maintain Navigable Depths in the Wiggins Pass Interior Channels The interior of Wiggins Pass consists of three major navigation routes: the south, east and north channels (Figure 1). The Corps of Engineers recommended operating depth for the interior channels of between -6 and -7 feet NGVD, with an advanced maintenance and overdredging allowance of two additional feet (Table 26). However, these depths are not acceptable to the local agencies for environmental and developmental reasons. Deeper channels may impact the seagrass beds and other natural resources found in the estuarine waters adjacent to Wiggins Pass. There is also local concern that deeper channels will encourage increased development of the back bay area. Less than optimal channel depths could provide adequate but cautious navigation. If navigation for three-foot draft boats is desired throughout the Wiggins Pass basin, portions of the interior navigation routes will require dredging. At low speeds, the following dredged depths may suffice: Boat draft 3.0' NGVD to MLW Adjustment 1.0' Combined squat and keel clearance 2.0' Operating Depth -6.0' NGVD (-5.0 ft. MLW) The most recent survey of the interior basin was conducted by Coastal Engineering Consultants, Inc. in October 1982. This survey shows two areas where the interior navigation route is less than -6 feet NGVD. These areas 154 COASTAL PLANNING & ENGINEERING. INC. include Water Turkey Bay and the eastern channel near the intersection of the south channel (Figure 32). During the 1982 survey, controlling depths were -4.5 feet NGVD in the eastern channel and -3.5 feet NGVD in Water Turkey Bay. Shoaling is prevalent in these regions because the water course expands from a relatively narrow channel with high tidal velocities to a wide basin with lower velocities. These lower velocities are conducive to the settlement of suspended sediments. The Wiggins Pass Conservancy, Inc. has reported controlling depths of approximately two feet in the 1/2 mile channel between Water Turkey Bay and the east channel. This channel shoaled in since the 1982 survey. The probable cause of this shoaling was the removal of non-native vegetation and other improvements along the western fringe of the channel, which allowed runoff from Delnor-Wiggins Pass State Recreation Area to move sediment into the channel (Johnstone, Personal Communication, June 1993). The vegetation was removed as part of a program to return the park closer to its natural condition. At this time, navigation in the east channel and Water Turkey Bay is marginal but tolerable. The navigability of the south channel north of Water Turkey Bay should be addressed soon. In light of environmental concerns for the interior of Wiggins Pass, it is recommended that improvements to the interior navigation channels be addressed in stages, as navigation improvements become essential. This will delay any improvements to the interior channels until they are absolutely needed and thus delay potential impacts. This alternative recommends that navigation depths in the Wiggins Pass interior channels be surveyed periodically. These bathymetric surveys would be used to monitor the navigability of the interior channels, determine shoaling rates and provide information to local boaters. Channel markers could be installed or adjusted accordingly. Knowledge of the interior bathymetry should extend the longevity of navigation in marginal channels. The south channel, north of Water Turkey Bay, should be investigated for immediate improvements. No improvements are needed in the other channels at this time. In addition, policies should be developed on how and when improvements should be made to interior navigation. When improvements are made, a channel depth and width should be established so that maintenance dredging is required at infrequent intervals. The dredged depth should be an operating depth of -5 feet MLW plus sufficient allowance for shoaling to forestall the need for maintenance dredging for many years. Channel width should be 50 feet (USACE, 1980). Based on existing practices, initial channel improvements may be called for when depths are less than -3.5 feet NGVD. The south channel is an excellent candidate to develop and test a policy for interior navigation, since it is a man-made channel, initially constructed in the 1950's. The predominant cause of shoaling in this channel has been due to the 155 COASTAL PLANNING & ENGINEERING, INC. Cl li < z rilMAYFLOWER co BAY co Co111• z ••••.WIGGINS o PASS N.T.S. T, _ MARINA cri 0 _ • •, • • WIGGINS PASS N ROAD 13n ` • • • m • WIGGINS : ... :• ' : MARINA `y • PASS ,,,): ';• :• • • -: :::.•\* `ti • • 2 S a F GULF OFo WATER •• MEXICO URKEY : • BAY • • ROMA CT '. co. ' • BOAT c :. • RAMP • �• DELNOR—WIGGINS PASS `- STATE RECREATION AREA m AREA NEEDING IMPROVED \�S NAVIGATION DEPTH :❖:❖:0 AREA NEEDING PRIORITY '•••O••❖.' A T T E N T I O N FIGURE 32 ALTERNATIVE 8 ESTABLISH NAVIGABLE DEPTHS IN INTERIOR CHANNELS WIGGINS PASS, FLORIDA 156 /'n AC^At ni ..1.nafs S. CXI(7•9.IC7DIAIC IAV` .�((A RATnN•CARASOTA•JACKSONVILLE activity of man. The material that needs to be removed is predominantly beach quality sand, which makes disposal easier. There is a narrow strip of seagrasses (Figure 23) along the western edge of the channel, but they have proved hardy through one project in their immediate vicinity. Channel dredging with proper controls would have no greater impact. The improved navigation will support the 293 boats located in the south channel area in addition to the many boats launched from the Delnor Wiggins Park boat ramp. Wiggins Pass is being considered for designation as Outstanding Florida Waters (OFW). Navigation improvements in OFW may be restricted. It is recommended that the interior navigation channels in the Wiggins Pass basins be included as an exemption to the OFW designation. The cost of improvements to the south channel segment north of Water Turkey Bay are difficult to determine without current survey and geotechnical investigation, but should be moderate, especially if undertaken in conjunction with the dredging of the exterior navigation channel. This alternative of monitoring and limited navigation improvements is recommended for further consideration as part of the comprehensive plan. D. Comparison of Alternatives The alternatives that were evaluated are summarized in Tables 30 and 31. The project costs. estimated performance in terms of sediment bypassing, erosion reduction, navigation provided and environmental impacts. Comments regarding each primary alternative are included. Environmental impacts are presented in detail in Appendix C. Closing Wiggins Pass is not recommended because it eliminates navigation, promotes back bay flooding, and would have a negative impact on the bays of Wiggins Pass. Straightening and shifting the Wiggins Pass channel has many incremental benefits. It will make inlet dredging and performance marginally more effective and shift the channel away from the south shoreline, where environmental concerns exist. This alternative provides only minor benefits in meeting plan goals, but should be implemented as part of the final comprehensive plan. The size of the proposed channels and their dredging frequency are a concern to some local interests. It is feared that a large dredged channel will increase erosion on adjacent beaches and increase tidal flows to the interior channels. Boaters fear that infrequent dredging intervals would lead to frequent inlet restriction due to storm-induced shoaling. Three analyses were conducted to examine these concerns. The refraction analysis (Appendix G and Section VI) compared longshore transport near the inlet with the existing and a larger channel project (12' MLW x 300'). This analysis shows that wave-induced erosion on the beaches adjacent to Wiggins Pass would actually 157 rnnSTAL PLANNING & ENGINEERING, INC. VII. COMPREHENSIVE MANAGEMENT PLAN The purpose of this section to present a detailed description of the recommended plan for the management of Wiggins Pass and adjacent shorelines. The plan is divided into 5 elements. These are the erosion control element, mitigation and sand bypassing element, monitoring element, natural resources and permitting element, and a navigation/public safety element. The plan is shown in Figure 34 and 35. This section also presents the key elements for the scheduling and funding needed to implement the plan. A. The Management Plan The plan presented in this section is the best combination of alternatives able to achieve a cost effective inlet management plan. The recommended plan mitigates for the impact of Wiggins Pass on adjacent shorelines and improves the navigability of the inlet. The major components of the plan include: 1. Widen and deepen the existing navigation channel to a dredged depth and width of 250 feet and -12 feet MLW, respectively. Straighten and shift the channel's boundaries. 2. Maintain a minimum operating depth in the channel of -6 feet MLW (-7 feet NGVD) with a maintenance dredging program scheduled at two-year intervals. 3. Establish beach disposal sites outside the zone of inlet influence. Mitigate for inlet impacts by bypassing to the south a minimum of 6,500 c.y./yr. 4. Establish navigable depths for three-foot draft boats in the interior channels of Wiggins Pass. Implement improvements as needed. 5. Establish a program of beach, inlet shoal, interior channel and environmental monitoring. 6. Adopt a three-foot draft boat as the planning and design standard for the Wiggins Pass basin. B. Mitigation and Sand Bypassing Element The navigation project for Wiggins Pass will require the initial dredging of 75,000 c.y. and then the dredging of 43,200 cubic yards of sand every two years thereafter. This amounts to an annual average of 21,600 c.y./yr. The inlet's impact on the shoreline south of the inlet is 6,500 c.y./yr. The mitigation of this impact requires that an average of 6,500 cubic yards of sand per year be placed south of the inlet. The mitigation quantity makes up 30% of the project annual average dredging quantity needed to 165 COASTAL PLANNING & ENGINEERING, INC. maintain navigation in the inlet. The downdrift (south) placement of the majority of dredged sand will mitigate for inlet impact and will re-establish sand bypassing. The selection of a navigation plan is independent of the mitigation plan. Any of the navigation plans discussed in Section V can be implemented to achieve the primary goals of inlet management, sand bypassing and re-establishment of littoral drift south of the inlet. C. Erosion Control Element The natural and improved Wiggins Pass has caused erosion on the adjacent Gulf shorelines of Collier County. The erosion control elements of this plan and other actions planned by the County will provide for erosion control. The first part of this element is sand bypassing south of the inlet to decrease the erosion rate south of the inlet. The second part of this element will involve backpassing (northward placement of sand) of approximately 20% of the dredged material. Since the natural and improved inlet accelerates the net southern alongshore drift immediately north of the inlet (see Appendix G), periodic backpassing of dredged sand will mitigate for the erosion caused by the accelerated drift condition. The impact of the inlet has caused a cumulative erosion condition south of the Wiggins Pass, especially at Vanderbilt Beach. The program of inlet dredging and bypassing will not make up for past sand deficits. In order to compensate for these cumulative deficits, the County is planning to implement a beach erosion control project, which includes Vanderbilt Beach. The program calls for an initial nourishment of 208,000 cubic yards (CEC, 1991), which should compensate for past sediment deficits. D. Navigation and Public Safety Element The inlet management plan recommends a dredging plan that improves the navigability of Wiggins Pass and boater safety. The plan continues the two year dredging interval recommended in the original Corps of Engineers plan (1980). The existing navigation project dredges a channel with a -8 foot MLW depth and 200 foot width. This dredging scheme allows the channel to shoal to approximately -2 foot MLW depth in two years. The recommended plan calls for dredging a channel -12 foot MLW deep by 250 feet wide to provide for a operating depth of -6 feet MLW (-7 feet NGVD) after two years. The dredged dimensions of the new plan are similar to the original Corps of Engineers proposal (Figure 34), but provides for two feet less operating depth after two years. The dredge channel provides less navigation depth than the Corps of Engineers recommendation because performance data collected since the Corps of Engineers study show that the channel's accretion rate is higher. Even though the plan provides a smaller 168 COASTAL PLANNING & ENGINEERING, INC. operating depth after two years, it is a distinct improvement over the existing navigation plan. The second component of the navigation element is to move the south beach disposal area further south. The refraction analysis (Appendix G) shows that the existing south beach disposal area is Iocated too near the inlet. This promotes a higher accretion rate in the dredged channel. The new south beach disposal area starts further south. This will decrease the rate at which dredged sand returns to the inlet and shoals the channel. Use of the new south beach disposal area should increase the performance characteristics of the project, providing an operating depth greater than -6 feet MLW after two years. The third component of the navigation element is the long term objective of improving interior navigation. Interior navigation is marginal in many locations, and will re uire dredging in the future to maintain adequate navigability. Wigg q considered for designation as an Outstanding Wiggins Pass basin is being Florida Waters (OFW). This designation may limit improvements to interior navigation. Collier County is seeking an exemption in the OFW designation to allow for maintenance of a safe navigation channel in the Wiggins Pass interior. Improvements to interior navigation will be postponed until they become essential. E. Environmental and Permitting Element Implementation of the recommended inlet management plan will have several positive effects on the natural resources surrounding Wiggins Pass. One positive effect will be that the plan will help maintain or increase the available dry beach both north and h of the pass. The placement of sand on the beaches would help mitigate for the erosive effects of the pass, thereby helping to protect the adjacent dune and upland habitats from erosion-induced losses. The beach monitoring plan suggested in the inlet management plan would help ensure that the sand would be placed north and south of the inlet in the most appropriate proportions. The placement of beach quality sand on these beaches will help maintain or increase the amount of available sea turtle nesting habitat. The placement of sand may also provide potential lest tern nesting sites. Furthermore, since sand dredging and placement would occur outside the sea turtle and least tern nesting seasons, adverse impacts related to construction activities would not be expected. Another positive effect of the recommended plan involves the shifting and straightening of the inlet channel. This relocation of the channel will reduce potential impacts to the south shoreline of the inlet. This area has served as a least tern nesting site in the past and has some potential (if the encroaching dune vegetation is removed) for being utilized by least terns in the future. The periodic dredging of the inlet channel will help maintain flushing of the estuarine waters within and adjacent to Wiggins Bay. Furthermore, the interior south navigation channel dredging outlined in the recommended plan may help improve flushing of the back bay areas south of the pass. 169 COASTAL PLANNING & ENGINEERING, INC. Dredging of the interior navigation channels may also provide some measure of safety for the manatee which periodically traverse the estuarine waters adjacent to the pass. At the present time, several portions of the interior channels are too narrow and shallow for boats to safely pass a manatee. The suggested improvements to the interior navigation channels would slightly widen and deepen these channels, allowing an added measure of safety for the manatee. Finally, the recommended plan suggests that a three-foot draft boat be adopted as the planning and design standard for the Wiggins Pass basin. If this standard is incorporated into local ordinances, it will provide one way to limit development of the back bay areas, thereby limiting impacts to the natural resources in the Wiggins Pass basin. In addition to these positive impacts, the implementation of the recommended inlet management plan will have some negative effects on the surrounding environment. Nevertheless, these adverse effects are expected to be temporary, minimal, or are minimized by special precautions incorporated into the recommended plan. One area where adverse impacts are expected to occur is at the dredge site. Dredging of the inlet channel or interior navigation channel will result in the loss of the benthic infauna within the dredge area. However, since infauna tend to quickly recolonize disturbed areas, the loss of benthic infauna is expected to be temporary. Dredging of the inlet channel or interior channels will also result in some increased turbidity and sedimentation at the dredge site. Due to the coarseness of the sand in the inlet channel, and the natural flushing which occurs in the inlet channel, any resulting turbidity is expected to quickly dissipate. In contrast, due to the smaller grain size and proximity of seagrass beds, special precautions (i.e., turbidity screens, timing of the dredging) May be required to minimize turbidity impacts during the interior channel dredging. One special precaution already included in the proposed inlet management plan is the periodic monitoring of the interior navigation channels. This portion of the recommended plan will help ensure that the interior channels will not be dredged until navigation improvements are essential, thereby helping to minimize the impact to the surrounding environment. The other area where impacts are expected to occur is at the beach disposal site. Beach placement of the dredged sand is expected to bury the existing infauna. Nevertheless, if beach compatible sand is used (as specified in the recommended plan), the infauna would quickly recolonize any affected areas. Little or no long-term impacts to the beach infaunal community would be expected. Finally, sand placement may also result in some minor/temporary impacts to the nearshore hardbottom habitat. Sand placement is expected to result in some increased 170 COASTAL PLANNING & ENGINEERING, INC. turbidity and sedimentation in the nearshore zone. However, since only beach quality sand will be utilized, these increases are expected to be temporary. Although some indirect impacts may occur at the hardbottom, direct impacts to the exposed hardbottom habitat are not expected. Under the recommended inlet management plan, the beach disposal site has specifically been located and designed so as to avoid the direct burial of the identified exposed hardbottom habitat south of the inlet (based on expected equilibrium profiles). The north beach disposal site is located away from any exposed hardbottom habitats. Its usage is not expected to have an adverse impact on the surrounding sand bottom habitat. The Coastal Zone Management Plan (CZMP) for Collier County, Florida (October 1, 1991) makes a number of dredging, navigation, development and restoration recommendations for the management of the Wiggins Pass basin. The recommended plan for Wiggins Pass is consistent with all CZMP recommendations except dredging recommendation #2 (page II-266) listed below. "Maintenance dredging of the pass will not exceed the footprint permitted by the FDER in 1990." The recommended plan will widen and deepen the dredged channel footprint by 50 feet and 4 feet, respectively. This exception to the CZMP is needed in order to meet dredging recommendation #1 (page II-266). "Maintenance dredging of the pass will be done to accommodate only shallow draft vessels (less than 3 foot draft) safely." Safe navigation cannot be provided if the project is constrained to the 1990 FDER footprint. F. Monitoring Element The monitoring element of the Wiggins Pass Inlet Management Plan will be important. The major components of the monitoring plan will be dictated by regulatory agencies through the permit process. The primary element of the monitoring program should include pre and post-dredging surveys of the navigation channel and adjacent beaches. These surveys will serve the following purposes: • Determine the timing and quantity of channel dredging. • Determine the impacts of channel dredging on the adjacent beaches. • Provide information for the timing of sand backpassing to the northern beaches. 171 COASTAL PLANNING & ENGINEERING. INC. • Provide information for making minor adjustments in channel and beach disposal design. • Meet permitting requirements. • Provide navigation information to boaters. Although a one-year post-dredging survey may be requested by permitting agencies, its utility for project monitoring is not essential. Instead, it will be more useful to plan condition surveys in response to major shoaling and storm events. Condition surveys would be limited scope surveys inside the boundaries of the navigation channel. These surveys will provide important navigation information for local boaters to compensate for shallower navigation depths. For budget purposes, two conditions surveys per year should be planned. Environmental monitoring will be important, especially during the dredging phase of the project. If dredging occurs during the right seasons, monitoring of sea turtle and lest tern nesting will be required. In addition, turbidity monitoring will be required during dredging, although the coarse grained channel sediments should not cause a major turbidity problem. Monitoring of other marine habitats may not be warranted. The beach disposal areas have been sited to avoid impacts to hardbottom areas. Impacts to adjacent hardbottom can be gauged from periodic beach surveys, which will indicate the extent of beach fill adjustments. Surveys of the interior channels are recommended. These surveys will provide useful navigation information to local boaters and delay the timing of interior dredging. Once the interior dredging is planned, additional monitoring tasks will be required. G. Five-Year Schedule A five-year schedule was developed for the implementation of the inlet management plan (Table 32). The schedule has three phases, and assumes a moderately optimistic implementation schedule. The first phase initiates detailed engineering, design and permitting activities for implementing the inlet management plan. The latest maintenance dredging of the inlet was completed in late 1993, and the next maintenance dredging should be scheduled for November 1995. The inlet management plan should be approved in early 1995, if no serious objections are encountered. The inlet management plan can be implemented with either a conservative or aggressive time schedule. A conservative schedule would stretch out implementation, allowing a more manageable schedule for permitting, design and construction. The conservative schedule would also spread the implementation cost out over a three-year time frame. In 1995, the new 172 COASTAL PLANNING & ENGINEERING, INC. TABLE 32 WIGGINS PASS INLET MANAGEMENT PLAN FIVE YEAR SCHEDULE AND ESTIMATED COST YEAR ITEM QUANTITY COST WITH ESIMATED NOTE (CY) CONTIN- STATE GENCY SHARE (2) 1993 INLET DREDGING 34,000 $234,000 $269,100 EP 1994 DRAFT IMP COMPLETED SUBMIT FLORIDA FUNDING APPLICATION 1995 FINAL IMP APPROVED SUB-SURFACE ROCK INVESTIGATION $25,000 $31,250 $7,053 IMP ENGINEERING, SURVEYS, PERMITTING & $60,000 $69,000 $15,573 PREPARE PLANS &SPECS FOR'95 DREDGING 1995 NOV CONSTRUCT NEW PROJECT -DREDGE NEW CHANNEL& 75,000 $395,500 $454,825 $102,651 REMOVE SUBSURFACE ROCK 600 TONS $50,000 $62,500 $14,106 (1) 1996 UPDATE NAVIGATION AIDS AND NOTICES SUBMIT FLORIDA FUNDING APPLICATION CONDUCT CONDITION SURVEY $7,000 $8,750 $1,975 1997 CONDUCT CONDITION SURVEYS $7,000 MONITORING SURVEYS, PLANS & SPECS, $50,000 $57,500 $12,977 MAINTENACE DREDGING INLET 43,200 $270,208 $310,739 $70,132 1998 SUBMIT FLORIDA FUNDING APPLICATION CONDUCT CONDITION SURVEY &INTERIOR SURVEYS $35,000 $40,250 $9,084 1999 CONDUCT CONDITION SURVEYS $7,000 $8,050 $1,817 MONITORING SURVEYS, PLANS & SPECIFICATIONS $50,000 $57,500 $12,977 MAINTENACE DREDGING OF INLET 43,200 $270,208 $310,739 $70,132 IMP: INLET MANAGEMENT PLAN EP: EXISTING PROJECT (1): COMPONENT OF DREDGING PROJECT (2): BASED ON ANNUAL BYPASSING OF 6,500 CY/YR AND ANNUAL AVERAGE DREDGING OF 21,600 CY/YR. (6,500'.75/21,600 = 22.6%) 173 COASTAL PLANNING & ENGINEERING, INC. channel would be dredged sufficiently to allow removal of subsurface rock. This would produce a channel similar in performance to the existing channel. In 1997, with subsurface rock removed, the channel would be dredged to the full recommended depth. The two-phase construction schedule reduces the risk of contract claims caused by potential delays associated with rock removal. The major disadvantage to the conservative schedule is that the interim project can create the appearance of an unsuccessful project, since the channel would shoal rapidly until full implementation is completed in 1997. For that reason, an aggressive implementation schedule is proposed. In early 1995, engineering and design begins with a detailed geotechnical investigation of the subsurface rock within the boundaries of the new channel. A program of jet probes, penetration tests or core borings should be conducted to identify the extent, quantity and characteristics of the subsurface rock. The subsurface rock has been partially located in investigations conducted by the Corps of Engineers, Coastal Engineering Consultants, and in the recent hardbottom investigation. Recent dredging activities have also identified subsurface rock within the inlet. These past investigations indicate that the subsurface rock consists of thin layers of discontinuous limestone that should be relatively easy to remove. This investigation is required to gather information for the preparation of plans and specifications to remove the rock from within the new channel boundaries. • Detailed engineering, design and permitting will incorporate the results of the subsurface geotechnical investigation into the engineering plan. The engineering plan will provide the basis for preparing permit requests. A long term permit should be requested, so that maintenance dredging can be planned and executed at regular two-year intervals with minimal delays due to permitting. The permit should request dredging of the new channel to begin in November 1995, and maintenance dredging of the channel at two- year intervals thereafter. Plans and specifications for the 1995 project should be initiated shortly thereafter. Construction of the new channel will include 4 tasks. The first task will be to uncover the subsurface rock by dredging. Once the sand is removed, the contractor can excavate the subsurface rock. The rock removal will most likely be achieved using a floating clam shell with a mechanical device to break up the rock. Reinforced spuds have been used to break up subsurface rock, and in some cases the rock can be removed by the clam shell alone. The geotechnical investigation will determine which method is most feasible. The rock can be disposed of in a number of ways. The rock can be disposed in an offshore permitted site, where it will act as an artificial reef for marine life. The rock can also be stockpiled onshore for later removal to an upland disposal site. Following the removal of the subsurface rock, the dredge will complete construction of the channel to its new width and depth. The south beach disposal site should be used for initial construction. The estimated volume of sand and rock requiring removal with the project is 75,000 c.y. and 600 tons, respectively (Table 32). 174 COASTAL PLANNING & ENGINEERING. INC. Once the channel is dredged to the new boundaries, the aids to navigation will be relocated to conform to the new channel. Notice should be given to appropriate government and private organizations that the navigation channel has changed. Starting in 1997, the project will be dredged every two years. Dredged material should be placed based on the results of monitoring surveys, but generally 80% south and 20% north of the inlet. The north disposal site has been sited outside the area of inlet influence, and can be filled from either direction. The south disposal area is a compromise between avoiding hardbottom and the zone of inlet influence. Since the site straddles the zone of inlet influence, it should be filled from south to north, maximizing the quantity of material outside the inlet's influence. H. Government Analysis Responsibilities for project sponsorship, implementation and local funding will be determined by Collier County. I. Funding and Cost An estimate of project costs through the first five years of the project are shown in Table 32. These costs reflect the engineering, permitting and design effort needed to implement the project, in addition to the normal cost for periodic project maintenance. The average annual project costs are $234,700, based on a 50-year project life with an interest rate of 85/s%. Initial project costs are S617,600. The State of Florida can contribute 75% of the costs required for the mitigation of the inlet's impact. The annual mitigation required for Wiggins Pass is 6,500 c.y./yr., with a maintenance dredging requirement of 43,200 c.y. every two years. The State of Florida can provide funds to cover 22.6% of the cost. An estimate of state funding during project initiation is shown in Table 32. With the state contribution, project costs are approximately 7% greater than the existing project. 175 COASTAL PLANNING & ENGINEERING, INC. Q N ,. O w O z z .max � I U c O Q cc I o • In ow z � Q o P4 H �• Q Z 3 0 �r- � I z 74 O o 0 0 0 0 o O O 00 t- \O V M N e 1 TIME AF'T'ER DREDGING (MONTHS) NAVIGATION CHANNEL SHOALING FIGURE 23 EXISTING CONDITIONS vs USACE RECOMMENDATION WIGGINS PASS, FLORIDA COASTAL PLANNING & ENGINEERING, INC. • BOCA RATON • SARASOTA • JACKSONVILLE 78 \\111\111 . N ^ cN11-1 CN N "77" O M I CA Z z z0 �a W c.4 E \\\ \� \ I O OPERATING DEPTH 0 < d O \\ \\ \\ \ \ \ Q 1 z co Iz e, n o W PC d a cn o W o � 0 p d z W U U H �r W 1-1 00oCN cq C 0 0 0 0 00 0 0 N O - z TIME AFTER DREDGING (MONTHS) FIGURE 25 ALTERNATIVE 3 & 4 NAVIGATION CHANNEL SHOALING WIGGINS PASS, FLORIDA COASTAL PLANNING & ENGINEERING, INC. • BOCA RATON • SARASOTA • JACKSONVILLE 126 Is co O N W cr N. m C7 \. % 3 \ _..) .-4 3 O "`E7). U }. X F:-.2, Z ~ Iw o 1 Plc J = UU p IU F CC , \ Cj —I U-1 , L,,\,, \ • 0 ff: ( zo 3 < U A s \ • z U Cl)Z Q • \ )-4 X p a. op o i= Cf) I � v ^ QZ Z c4 c U _. Z Q z o z > U W H • Q Q 3 H Q al Z z `.--- < zz X Icsl cFn r, a, C) Ix M 0 4 E4 X W t t H --i O O O O O O VI '1t M N --4 (SH.LNONNI) ONIOCIRIICIllqTAV 3NIa 135 COASTAL PLANNING & ENGINEERING, INC. MEMORANDUM TO: William Hargett, Assistant County Manager Office of County Manager FROM: Jerry C. Neal, Senior Project Manager Office of Capital Projects Management DATE: June 7, 1994 SUBJECT: WIGGINS PASS INLET MANAGEMENT PLAN As requested, a copy of the Wiggins Pass Inlet Management Plan Reports #1 and #2 are attached. This particular inlet has been maintained for the purpose of navigation. Due to the passing of the State Statute 161.161 in 1989, all maintained improved inlets have to have an inlet management plan established and approved by the State prior to future dredging or future improvements. Provided below is a brief summary of milestone dates. 6 -30-92 Design Contract Award, Coastal Planning & Engineering 1 -14-93 Public Workshop for Report #1 Received Report #1 from Consultant 1 -20-93 Submitted Report #1 to State for review 7 -14-93 Received Report i2 from Consultant 7 -16-93 Submitted Report #2 to State for review 10-23-93 State's preliminary review discussed in a meeting with State staff, Consultant, and County staff 11-16-93 Consultant's response to State's review questions 2 -14-94 Public Workshop for Report #2, minutes enclosed 2 -15-94 State approval of grant time extension to April 1, 1995 William Hargett Page 2 of 2 2 -21-94 State's letter authorizing mapping of hardbottom and calculations for wave refraction 3 - 8-94 BCC approval of grant time extension BCC approval of additional services with Consultant 4 - 1-94 Purchase Order approved for additional services 6 -17-94 Hardbottom side scan field work to be completed 7 -12-94 Wave refraction analysis to be completed 8 -26-94 Report #3 to be completed 9 -12-94 Public Workshop for Report #3 9 -19-94 Executive Summary for BCC approval of selected method to maintain the inlet 9 -27-94 BCC to consider selected maintenance procedures 10-12-94 Submittal of BCC approved plan to State for review 3 - 1-95 Comments back from State 4 - 1-95 Resubmittal to State 00-00-00 State approval, unknown (the State will review 14 plans per year with a total of 84 plans to review) If you have any questions concerning this plan or if the EBTAB Committee would like a presentation, just let me know. JCN/km cc: Maura Kraus, Senior Environmental Specialist WIGGINS PASS INLET MANAGEMENT PLAN SUMMARY OF COMMENTS FEBRUARY 14, 1994 WORKSHOP There were about 30 people in attendance at this workshop. The presentation was given by Steve Keehn, Coastal Planning and Engineering. Main topics discussed were: 1. The dimensions of the existing designed channel, 200' x 8' . 2. Option of a very wide channel with the present depth of cut, 8' : a. If the channel is dredged wider than 200' , then the extra width will act as a sand trap and absorb the sand instead of having the sand deposit directly into the navigational channel. b. The wider the cut channel, the greater the possibility of increased damage (erosion) to the adjoining beach. The State Park staff has taken the position that the dredging of the ebb shoal causes their beach to erode. c. In order to estimate the damage caused by a wider cut to the northern-most part of the Wiggins Del-Nor Park, a wave refraction analysis must be made. This is a costly and time- consuming procedure which uses a computer model to predict the wave characteristics during a storm event caused by the inlet. 3. Option of providing a deeper dredged channel with the bottom at -10 feet NGVD (9 feet at mean low water) : a. It has been demonstrated that a deeper cut will increase the usable life of the dredged channel. b. Minus ten feet (-10) elevation was selected because it is the assumed top of rock elevation. The 1993 dredging event found the top of rock to be at elevation -7 on the south side of the mouth and to be at -10 starting at the shore line and continuing to 600 feet off shore. c. The thickness of the rock layer is unknown. Wiggins Pass Workshop February 14, 1994 Page 2 of 5 4. The consultant chose the 300' x 10' (NGVD) as being the most feasible channel. This selection was based on the consideration of the constraints list in #2 and #3 above. The expected life of the 300' x 10' cut and a comparison with the existing design is provided below: PROPOSED EXISTING 300' x 10' 200' x 9' NGVD LLW NGVD LLW (a) January start - depth -10 8 -9 7 (b) June 6 mo. - depth -8 6 -6 4 (c) January 12 mo. - depth -7 5 -4 2 (d) June 18 mo. - depth -6 4 -3 2* (e) January 24 mo. - depth -5 3 -2 2* (f) June 30 mo. - depth -4 2 -2 2* * The above listed numbers are referenced to National Geodetic Vertical Datum (NGVD) and to the low lower water (LLW, the datum that the navigable charts use) which is about 2 feet less than mean sea level. The minimum depth at the ebb shoal has been about 2 feet; and the tidal flow, in and out of the inlet, appears to have enough energy to prevent closing. 5. If the dredged width is held at 200 feet, then it is found that the rate of fill is about the same when comparing a 12' cut to an 8' cut--one foot per three months. Obviously the 12' cut will have a longer useful navigational life. The rate of fill for the 8' and 12' cut is provided below: Wiggins Pass Workshop February 14, 1994 Page 3 of 5 8' cut 12' cut NGVD LLW NGVD LLW (a) January start - depth 8 6 12 10 (b) June 6 mo. - depth 6 4 10 8 (c) January 12 mo. - depth 5-4 3 8 6 (d) June 18 mo. - depth 3 2* 7 5 (e) January 24 mo. - depth 2 2* 6 4 6. If the depth of dredging is held at 9 feet, then the calculations show the rate of fill decreasing as the width increases. The difference in the vertical gradient of the velocity of the littoral drift located at the inlet approaches zero as the channel becomes wider, the speed of sand movement at the top of the cut is about the same as at the bottom. Also, the wider cut acts as a double sand trap with sand storage on each side. This allows the center section, navigational path, to operate at the original cut depth until the sides fill up and close in on the center of the cut. About 60% of the annual shoaling occurs from January to March and our dredging window is November & December with possible extensions up to April. 200' width 490' width NGVD LLW NGVD LLW (a) January start - depth 9 7 9 7 (b) June 6 mo. - depth 6 4 8 6 (c) January 12 mo. - depth 4 2 7 5 (d) June 18 mo. - depth 3 2* 6-7 5 (e) January 24 mo. - depth 2 2* 6 4 Wiggins Pass Workshop February 14, 1994 Page 4 of 5 7. It appears that the life of the navigable channel can be extended by either providing a deeper or a wider cut. Making the cut wider may have a more direct environmental impact than a deeper cut. 8. The underlying rock is not functioning as a reef because it is covered by the ebb shoal. The removal of this rock material should have only secondary environmental impact to the Wiggins Pass system. 9. When we asked the audience for their opinion as to which option appears to be the best, we did not receive a response to the question. The audience stated that they were not qualified to make that type of decision. Later at the end of the meeting, one member of the Save the Bay Association did say that he favored the deeper cut. 10. A representative of the Westinghouse Development reminded us of the proposed designation by the state to make the Wiggins Pass waterways an Outstanding Florida Waters (OFW) . Another workshop concerning this issue is scheduled for April 1994. We have been told that if we changed the present permitted design (permits issued in 1989-90) we will have to obtain new permits based on the OFW rules. These rules will increase the time necessary for the states review and possibly add additional permitting constraints unless portions of the pass are excluded from OFW designation as currently proposed by County staff. 11. Charts shown at the workshop were: (a) A section taken at station 6+00 (600' off shore) with the October 1990 and May 1993 bathymetric plotted with an over lay of the existing dredging template. (b) The channel design for a 3' draft boat as shown in the 1980 U.S. Army Corps of Engineers study and the recommended design proposed by the Consultant. Wiggins Pass Workshop February 14, 1994 Page 5 of 5 (c) The calculated channel shoaling rate at various widths and depths. (d) The recommended disposal sites for future dredging projects with 80% of the dredging events going to the south and 20% going to the north. The recommended sites are about 1,000 feet further from the inlet than our existing sites. 12. We stated that there are a few items concerning the inlet that are unknown; and in order to obtain this information, additional engineering services will have to be approved by the State and the County. The representative from the State DEP said the State will provide funding for these additional tasks based on the existing Agreement with a 75/25 State/County split. The audience appeared to be in favor of obtaining the following information: (a) Subsurface investigation, rock characteristics (b) Hardbottom location and quality determination (c) Wave refraction analysis 13. Neither the County Staff nor the Consultant recommended the removal of the rock. We simply stated that if we dredge deeper than 10 feet, then the rock will have to be removed by either a drag line or blasting. A permit may be attainable for the bucket removal but not if it requires blasting. 14. At the start of the workshop, we stated that we needed input from the public concerning the possible alternatives of dredging and maintaining the inlet. Furthermore, we have not selected a design to present to the Board of County Commissioners and will not go before the Commissioners until we receive a letter from the State approving these additional services. Two or three options will be presented to the Board with our recommendation identified. RECEIVED ENUEEk '... " :3 MUTING MEMORANDUM DATE: � �--.�-7, ,/ AUG 2 - 1994 ACTION: _®... _�_.._ ... Board of County Commissioners "�,�� SF-ialf TO: Bill Lorenz, Environmental Services A -nistrator ._. _..- FROM: Sue Filson, Administrative Assista • Board of County Commissioners FILA RE: Environmental Policy Technical Services Advisory Committee DATE: July 25, 1994 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: Derek A. Hodgin 1220 11th Street North Naples, FL 33940 Thomas P. Ciranna 1179 Breakwater Court Marco Island, FL 33937 Michael V. Taranto 9961 Boca Avenue North Naples, FL 33942 Gary L. Beardsley 2396 13th Street, North Naples, FL 33940 Please let me know, in writing, the recommendation of the advisory committee 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 questions, please call me at 774-8097 . Thank you for your attention to this matter. SF Attachments SENT BY: XEROX TeIecopier 7017; 7-25-94 , 6?38PM •; BCG RECEIVED 1rc� 2 4 ssidiiet'4 •.•PLAt4NI +Ia . ! , i47r s Ii •,r.,,,..,;'r f"l i •yrs. r}37104:1:•11 + 1r y ry i + �A l y " P • � $ qty ,If • 6� ( ... - .L. t' w,. l f• --P�_. , Pf'S�I. ?I,IPk `�f :rr �r .f,'...!' ..._:,.;.;•,,i, • i M afer • 'Q. ' x' . 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I I :� ' al+ .. r + • ,-1 s t.i.R-` b1, i Y:i:-..,;•;7,-.A1 w '4 It , .i.,.,,,.:•6 T1 n ,. , l'l .•.' be advtesecI that I am i, „, • Jtti co -' uir�g,to thio;Cm�ryia#�rl y r a i"•�ii "}'a�x»r .. z''..1,,:;,.:'. :. 1. ', ''''-:74i)4-.....!:. s.,,,:`3,. ....,.�,.. ,4,,,-1-. : a u'. ' ._{"._ iN;,.l!• If�'1 11, £ J 'E TAe�.committee. To faottttate my r+ ppol ..have -. u +dor 'r 0uita, � I;;', {t !kta for review. lfyau _ any cj,uaitlit�or reauir ,,g itlartiil,i`, n-aleatoe��ca nod ,--,.:•,,,.. ,�; ' •:,;,,,.., ...•:;:• }, "hesitate to o; it rrre t 262-746�F , _ ,T._ I • 14 ala II,V,d, ...„ .. t• M1 a�r, a 1 L. eP = ',','''''1.1: :,1,7;:'!.i':. rt r+ a, I i i11� `.1, '•: ', r ?I,]•: :f r 4 `ATM rr 7 r 'Lk q:1 n I u r x k a ''''.1.024'1i; Fr } LS kf, i+ {1i rU tiII } t ;Inooi oiy, , "f L ?G :''...:t.:4.!,,'I I j[ •+ I• ii 'I ., 4 ..y. Y .' L P 4 '4,,r'.', ;'..!.7,', 1 I4 I 4F Y- ; •VISION ENVIRONMENTAL Derek A. Hocigin Owner cc: Mr. 5ii! 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MY001604Y " . • • :f •;. . • 7 !!;!.' 7 '• !`" a114:12001Jr-frig of variOlia.'4*4011.-i041t4I'.1.4tiiit110100,Rierlt;0*4-00 :s! ••••:-.;; of isNjeviiiiiiiii7roYern'AtitS:::. 7:1 • telOntlflostiOn of hydrological p .uSe*.:16-016 IclentifIcation'of-juda.410-00na,j.,..Wolando., • • 014100143., • ' : ": : ; ;. • ' 4 • • and potti*n4 of pptabia:watsr and 000itAry sewer systems ... ;: • Engineerine ootit estimates for VariOuley 40:4;:levelopment • rfornie vanous tc1mpacaJsøs , • LifitGycls: . „.*4' • . • : IL Engtotiaring.Co-op SetiOlOtiikom JanO4r$1$fgttiity1ay 198&Cop gildineer : : • • . • ** • '11 . . -;*1 •• • • foundation analyiSsf9r:ivslulenPalOosstalfOruotureo • • ••' • ...:1P8Veloprnent of varlotio Mainteninoe Conaltiotf Aseisarnerit(MCA) Guidelines for • 12ê Class 5ubtrairineldper•gctUMent: ' • -• • - •-• • ' ' : • • PSV elopef:1 Manual-planned maintehat*..,systernefor Myrtle Desch 5urface • TiNeittnent Plant anet Planionel M Offiiinti ell rI • • l'articipsted hi failed bearing analysis foraama Taylor Naval Ship RefSearoh Development Center • Developed conceptual IllustratIone for construction of future U.S. Navy submarine tenders North Carolina State caroling .; SeptStnifer 19b6 to December 1E5,6,1Zaseancki Asstant • . . . 2 • . Assisted in the research and development of the"13loplume".ercundwater modeling program, • Prepared technical diagrams and illustrations demonstrating various performance aspects t!ICNopium "grour0v,A17,e;;•;1;ioclei •-• t:Z•061..);1011 501%;1 ,cet C;r3hr-010(A., Flor!d::.3 ahore AricA f3.ru3rt, 1901. -"vv., r# .-ii.-. 1 UI • AGRVA tctcbVjJltlf iViir I-6J-04 r G•4Jrlrl r . ; I S I KykI d. t iI .I • - _. t „ ta ''rfll y .. • A • dd& • ` tgeFour 01 :ra• "�Qach Comp: Gr1 R• '. '''t ?C tor•la' ri1r Ole ring Ste.Turti�on tA+e ooChwc Ii lel'' Shoreline!. 1991 t ' llon•ail'l•on•fe• *OO on 1 cl.preaar�vatiOt1 ,,hNdogysr Ibri la.hors and • 1� r i� I`�€tor1d�t Pabrumry"l99 • IGl1 ''' trptt AQeOd11011e; ;. plp;y I l . �, � I k I rd a• ,{ r �M • :;:IT-:''' - iL t. j Jn f _. - + r merlcan fiocC y of Citil EMAI :'i6(A tat`Memb+ - I>_ ....� .:,' +' Collier. Court nvirpnn erl' 1-t±'gUo j Tloohr�lr, iiMv ory 0oard(Err''..-.1119114',.. : f,*`t► b I • . Ftarida:Gmrr1�incl P rreh Wa1;�r j1ah Cornrntlsl + (GFWFC)- t°ormt lot l otr;1hc::ca#t t x 816G of o t1 �1^GOtbe0 r,z' • I• i a. i, loestion,aai ,l role g x?t' x . • Profs 1onal,A$04#4.11:0,01:of 1n u ( } •• CarrtIficd : rst)ly I. e F ;t-'•••••,',:.";,.:,!:'• Avmll$'te Upon t qut M1y �.. ' s., i. I ! f :• , it p - a r� -:, ttg1{'�: S a ,k+ .:,:2;1.- { ::':::q1..:',..::. J• 4 ^'jNaa t SI W 'Y". . x' RECEN ED 12 July 1994 ( Dear Mrs. Filson: JUL 1 4 1994 I am interested in applying for a voluntary position on one of your Environmental Advisbry Boards, INTIOthOTECoen4 datediastrief resume of my background and experience. My specific environmental experience include the following: Was a member in the Lexington Army Depot Reuse Committee for a period of 5 years (1989 to 1994) , with the responsibility to work with the committee ( City of Lexington, KY) in the reuse of the existing land on the premises of the military installation. Also worked with the U.S. Corps of Engineers, Louisville District in reuse and land planning. My experience in this endeavor was brought about by Public Law 100-521, "Base Realignment and Closure Act; whereby certain military bases would be closed. Membership of the Reuse Committee included representatives from the Mayor's office, community leaders, Chamber of Commerce, US Congressman Larry Hopkins office, University of Kentucky, etc. Experience involved reuse of 760 acres into such functions as: an industrial park, recreational areas, shelter for the homeless due to the McKinney Act, use of an air strip and helicopter padgrhousing for the Kentucky National Guard, etc. I Engineered and developed the "Environmental Impact Statement" for two military installations located in Lexington & Richmond, KY. This study ( covered such area as; the economic impact on employment due to base closure, air, water,sewage and ecology impacts, etc. In addition, I served as the DoD Base Environmental Coordinator for the Lexington-Blue Grass Army Depot, and worked with environmental consultants, EPA, and the Kentucky Environmental Agency, to clean-up toxic and hazardous areas within the military installations. I am a resident of Marco Island and a registered voter. Si��nc��e�"r��el>, . LgdiF Thomas P. ranna 1179 Breakwater Court Marco island, FL 33937 Tele: 813-389-2802 ill rfP (t-' j 6' /1 " THOMAS P. CIRANNA EDUCATION (7 1969 MBA, W Michigan University, Kalamazoo, MI 1951 BSIE, Oklahoma University, Norman, OK CAREER 1989 - 1994 Chief, Base Closure Office, LBAD 1985 - 1989 Chief, Commercial Activities Office, LBAD 1983 - 1985 Industrial Engr, Commercial Activities, LBAD 1982 - 1983 Manufacturing Consultant, Own Practice, Lex, KY 1980 - 1982 Manufacturing Engineer, FMC, Lexington, KY 1978 - 1980 Manager Mfgrg Services, Dura Corp, Paris, KY 1977 - 1978 Manager Mfgrg Services, NMS Ashland, KY 1973 - 1977 Corp Director of Ind Engrg, Figgie Intl, OH 1953 - 1973 Ind/Mfgrg Engineering, Various Companies AWARDS Commander's Award for Civilian Service, 1988 Performance Awards, 1989, 1990, 1991 Certificate of Appreciation, 1985 to 1988 Suggestion Awards, 1989, 1990, 1991 MILITARY SERVICE (v' 1951 - 1953 Korean Conflict, 1st LT, Budget & Acctg 1942 - 1943 WWII, S/Sgt, A/C Maintenance OTHER SKIT,TS Industrial Engineering Instructor at Penn State University Ctr for two years (evenings) . Taught Wage Incentives, Plant Layout, Quality Control, Production Planning, Organization Management & Manufacturing Practices. CIVIL SERVICE COURSES LBAD - Economic Analysis, 24 hours, 1983 ALMC - CA, Management Studies, 40 hours, 1984 AMETA- Value Engineering, 40 hours, 1984 WASH - A-76 Workshop, 24 hours, 1984 AIMC - In-House Costing, A-76, 40 hours, 1984 LEAD - Supervisory Development, 40 hours, 1986 LRAD - Computers, Lyrix, Multiplan, 48 hours, 1987 ALMC - Contract Officer Representative, 64 hours, 1988 NPS - Dod Resourse Management Course, 160 hours, 1989 LEAD - Job Order Contracting, 24 hours, 1989 LRAD - WordPerfect, 48 hours, 1992 MICHAEL V. TARANTO, Ph.D. RCA.' 6-1--GufftbeFlancl-Dfive ft7 ,geeet dr, _ jun 2 S 1S94 ' ;oncrs /\ ��` r/J J' 1 j Board of County Ccs' S SUMMARY Advanced degree professional with over 25 years of research and development experience with Fortune 100 companies in the food industry and academia Demonstrated accomplishments include management of people and projects; close working relationship with Marketing, Sales, Manufacturing; innovative technical achievements; publications in scientific literature. Key Team Builder Personal Energetic Strengths: Analytical Thinker Style: Motivator Quick Learner Assertive Problem Solver Excellent Interpersonal Skills Coach and Listener Excellent Communicator PROFESSIONAL EXPERIENCE NUTRASWEET COMPANY, Mt. Prospect, IL 1991 - Present Applications Director, Food Ingredients R&D Responsible for providing leadership and focus for the Applications R&D Program. Work closely with Marketing and Sales to define, develop and implement business initiatives. Directly manage 40 professionals with an annual budget of $3.5MM. Group is responsible for all product/process research, demonstrating the technical value of the ingredients in finished consumer products. • Worked with Senior R&D and Sales/Marketing management to define Bakery Products Applications R&D program and built an outstanding research team. Focused research on developing technologies which responded to the needs of customers in the baking industry. • Developed, planned and implemented a successful safety awareness program which significantly reduced lost time accidents and the potential for accidents in research facilities. Program was adapted by other functions throughout the company. • Coordinated Applications R&D efforts with groups inside and outside of R&D identifying opportunities to increase the value of NutraSweet's products (eg. cost reduction programs, unique specialty ingredient blends for specific customers). • Instituted programs to improve work quality. Identified several approaches to improve efficiency while maintaining quality (eg. project management and designed experimentation). FRITO-LAY, INC., Dallas, TX 1984 - 1991 Group Manager, Corn Products R&D 1990 - 1991 Process and product R&D leader for Cheetos and Fritos core brand products and new business ventures. Managed 16 professionals responsible for all facets of product/process development from prototype to national roll-out. • Implemented five new products and one line extension through national roll-out. Group Manager, Product Development - Corn Products 1987 - 1990 Research and product development leader for core brand products and new business ventures. Managed 12 professionals in all facets of research and product development from prototype to national roll-out. MICHAEL V. TARAN'► Ph.D. PAGE 2 • Refined and implemented two line extensions and two new products through national roll-out. • Developed a new hire training and assimilation program with corresponding manuals for the trainers and new hires. Section Manager 1984 - 1987 Product development leader for new ventures. Managed 6 professionals and technicians in the execution of all facets of product development from prototype to national roll-out. • Developed, refined and implemented a new snack from prototype through national roll-out • Developed new innovative snack prototypes in support of Marketing's concept/positioning work. CONTINENTAL BAKING COMPANY, Rye, NY 1981 - 1984 Manager Leader for basic and applied research in bread and cake baking technology and ingredient functionality. Managed 4 professionals and technicians. Managed projects in bread and cake staling, dough rheology and ingredient testing. Managed university and consultant contracts sponsored by CBC. • Developed and implemented technology and process for lengthening the shelf life of bread, buns and rolls. • Developed (through plant testing phase) cake and filling formulae allowing the substitution of high fructose corn syrup for sucrose. UNIVERSITY OF ILLINOIS, DEPARTMENT OF FOOD SCIENCE, Urbana, IL 1978 - 1981 Assistant Professor of Food Science • Taught Food Processing/Engineering and Raw Materials Handling courses. • Advised undergraduate and graduate students. • Conducted research in several areas of expertise: Extrusion Technology, Food Rheology, Food Microscopy, Functionality of Ingredients, Imitation Cheese Manufacture, Protein Fortification of Bread. TEXAS A&M UNIV., FOOD PROTEIN R&D CENTER, College Station, TX 1972 - 1978 Graduate Research Assistant • Major: Food Science and Technology • Minor: Biochemistry • M.S. and Ph.D. research focused on the manufacture of meat extenders from various oilseeds through extrusion processing. Established expertise in the areas of food rheology, food biochemistry and food microscopy. EDUCATION Ph.D., Food Science and Technology, Texas A&M University - 1978 M.S., Food Science and Technology, Texas A&M University - 1974 B.S., Food Science, Penn State University - 1972 .. _ i S %1rW""� 1 )4e.eci-e,,,e_ . ,,-, .. , ,..- jf/ . I , - ', = r . \,... -r r# a� i/f . �f k i t _ ' Mike's Midas Touch teams allow us to attack a project with vigor, Accomplishment:An integrated approach work more efficiently and produce a higher to product development quality product' An integrated approach to research man- T • - Mike Taranto,Applications Director,R&D, agement and product development teaches just might have the Midas touch when it everyone involved how to exploit technology comes to turning existing technology and new to make higher quality products,Taranto technology into gold for The NutraSweet emphasizes."Because of this approach,we are Company. - listening to customer and to each other more. Project"Midas"is the outcome of Taranto's This new attitude,along with changing the participation in the High Performance People way we do business,helps to eliminate the Development program(HPPD)and is helping 'not invented here'syndrome.We're willing to launch new projects through teamwork. to borrow the best ids anyone comes up The development of the Simplesse 500+ with and make them even better.We are R series, for example,is a direct outcome of also concentrating on the diverse talent Taranto's operation"Midas"The Food within our workforce and the competitive Ingredients Group was able to develop this edge it gives us. new line of Simplesse® for use in ice cream When identifying a project for the HPPD products in six weeks instead of the usual program,Taranto looked for a challenge that A four to eight months,a result of a cooperative would allow him to grow professionally."My • team effort.Based on customer feedback,the success on the job is dependent on working challenge was to come up with a product that with other people to acs ieve my goals,"says was half the cost,but offered the same sensory Taranto."The program provided me an excel- characteristics as Simplesse®-The initial lent opportunity to re-evaluate my skill base N positive customer response is reinforcing and determine why 1 nave been successful to the team's goals. date and to discover_.,w I can be even more Taranto's overall objectives are to work successful in the furs_ with teams of scientists to help translate cus- Taranto is already:coking ahead to apply tomer's needs into focused research and his Midas touch to r e challenges.The focus T development programs,to learn what to do to for 1993 is flavor cI atry and technology improve existing products and to define and to get Simplesse tc-_otic the flavor as well develop new products.`Before,we were more as the texture of fat a key area for us to compartmentalized both as a department and crack to further difecenttate ourselves in our research. But now we are looking at from the competition.- he says. 0 the whole picture,"says Taranto."Integrated 0 The following is a summary of Michael V. Taranto's areas of expertise: * General Management - Major focus is working closely with Marketing, Sales & Manufacturing to develop overall business strategy; clearly defining how existing and new technologies can be utilized by the organization to achieve its business goals; organizing, staffing and directing Technical programs to meet defined business objectives. * Product/Process Research Experience (Breadth & Depth) in: - Fats & oils: emulsified products, shortenings, margarines - Baked goods: yeast and chemically leavened - Carbohydrate chemistry - Protein chemistry - Food product/process development across all food types - Extrusion processing - Fluid dairy products - Frozen dairy products - Cultured dairy products - Fruit & vegetable processing - Emulsified meat products * Research/Product/Business Accomplishments: - Anti-staling system for all of Continental Baking Co. 's yeast leavened products which significantly extended their shelf-life substantially reducing distribution costs. - Formula modifications of Hostess snack cakes to permit substitution of High Fructose Corn syrup for Sucrose substantially reducing ingredient costs. - The following nationally distributed products were developed for Frito-Lay: SunChips, Chee.Tos Paws, Topples Snack Crackers, Tostitos Restaurant Style Tortilla Chips, 1/3 Reduced oil Doritos, 1/3 Reduced oil Chee.Tos and several new flavored line extensions for Chee.tos and Fritos. All of these products combined generated $400 MM + in retail sales. - Product/process specifications for a wide variety of reduced calorie/fat products including: chemically leavened baked cakes/pies/muffins; margarine spreads; bakery shortenings; natural & processed cheeses; frozen dairy desserts; yogurts; fluid dairy products. Data from these research programs generated repeat sales from existing customers and opened new markets in the baked goods business for the NutraSweet company. OpTROPICAL ENVIRONMENTAL ACONSULTANTS 2396 13th Street,North Naples,Fltvri.la 13940 Phone& Fax (813) 263-0077 • rec U RESUME JUN 2813 GARY L. BEARDSLEY Bo-ard of May, 199 Count J' corm, ISS Personal Data: Address: 2396 13th Street, North Naples, FL _33940 Telephone: (813) 263-0077 Birthdate: December 4, 1936 Height: 6' 4" Weight: 220 lbs. Spouse: Glenda S. le-ardsleg (Guidance Counselor, Naples,H. S.) Children: Kelly, 23, U.S.Air Force, Japan - , tz't l« 1193 Shannon, 24, Me ical School,Grao1 M4 T 19q U. of Pittsburg, Penn. Troy, 2i1, Junior College • Clint,21 , Junior College Brooke,/Z, Grade School Education: B. S. (1964) Northern Illinois Univ. Graduate Work: -Stanford Univ. (N.S.F., Indian Ocean, 1964) -Univ. of Hawaii (N.S.F.,1964 Pr 1970) -Seattle Pacific Univ. (N.S.F., Summer 1970) -Univ. of Miami (1976-77) Ei porlonco; Bubonic fibbl*l,, Sinn futd Hnilr, " II+ut+tln'' tttirtitlltIutt to 111t$ intilnii Ocean Spring, 1964 High School Biology teacher (marine Rocs—kd Nix, — 1 bio. and honors biology) Carol City H. S., Miami, Fl., 1965-68 Research Assist., Univ. of Miami, RSMRS,Marine Lab.,1970-75 Field Biologist, Tropical Biolndustries Development Company, (Environmental Consulting firm), Miami, Fl., 1975-80 Field Director, Applied Marine Environ- mental Services, Inc., Key Biscayne, Fl.,1981 -82 Environmental Director, Missimer and Associates, Inc., Cape Coral, Fl., 1982- 83 Landscape Nursery Foreman, Goodacre Nursery, Naples, Fl., 1983 Tropical Environmental Consultants, Inc., formed 1984, self-owned. Biologist-Bluer: Completed the U. of Miami, Marine lab 100-hour SCUBA course, certified as a Research Diver, Class A. Member of the marine lab diving committee, 1972-73. Dining experience includes the Indian Ocean, Hawaii, Mediterranean, Caribbean, Pacific Northwest as well as both coasts of Florida. Project Participation: Everglades National Park Shrimp Study, 1968 (summer program) Field Chief for the Everglades National Park shrimp project, U. of Miami, 1969-70 Designed and conducted a biological life-history study of the spiny lobster, Panulirus guttatus, along South Florida and the Bahamian bank, 1970-74 Research assistant , pink shrimp maturation project, U. of Miami, 1970-71 • Assistant mariculture manager, U. of Miami's Turkey Point research facility,1 971 -72 -2- Assistant Projeci Chief, thermal pollution, biolgical section, U. of Miami, 1972 Project Leader, Lake Worth lagoon research, U. of Miami, 1972 Team Leader, British Virgin Islands, potential of mariculture on Anegada Is., U. of Miami,1973-74 Co-researcher on bentic survey of Card Sound and Biscayne Bay, major bentic vegetation communities were mapped, U. of Miami, 1972-73 Consultant to Carib Fisheries, spiny lobster live-holding system, 1973 Assistant Field Chief, Card Sound ecological sampling program, 1974 Member, diving team performing on-site base-line data along nearshore environments along Grand Bahama Island to predict effects of oil spills, Borco Ltd.,1974-75 Assisted in design and placement of long-term monitoring instruments, oolite dredging operations, Sands Key, Bahama Is. Also performed as diver-biologist,1975. Member,field biology team which developed an ecological and hydro- logical assessment of the Golden Gate Estates drainage basin, Phase I, Golden Gate Estates Redevelopment Study, Collier County, Fl., 1975-76 Member, field biology team mapping and inuentoring the mangrove, interior wetland and upland plant communities of Sanibel Island Additional projects during 1976-83: Effects of thermal effluents, Tarpon Springs,, Anclote estrary, FI. Pelican Bay organic nutrient-flow study, Clam Pass and associated three bays, Naples, FI. -3- Beach dune-strand forest survey, Flagler County, Fl. Captiva Beach nurishment study, Captive Island, FL Exploratory fishing, Nicaragua, catch- effort, size frequencies and stomach analysis of the spider crab, Mithrox, in order to determine the potential for the commercial trap fishery. Developed and implemented a new method of harvesting and replanting marine seagrasses in impacted shallow coastal marine areas of Southeast Florida. Port of Miami expansion and Homestead to Key West water main. Environmental impact study for the "Christo' surrounded islands project in Biscayne Bay, Fl. Rssisted in the design, layout and installation of a native plant nursery in South Dade County. Wholesale nursery experience, foreman, field and container-grown native and exotic plants. Landscape and irrigation installation. Environmental consulting and assess- ment related to permit applications, county, state and federal government. g111,0Gg WPgOl OQ OMPPOVI T o V=101 ElIV PTMEG CA pI73,0120 0 (more detailed information available upon request) Resource Inventories: Vegetation, wildlife, soils, water quality, hydrology, benthic flora and fauna Collier, Lee and Charlotte counties, Florida. Jurisdictional Determinations: Local (Collier, Lee and Charlotte counties), State (D.N.R., D.E.R., and -4- South Fl. W.M. D.), Federal (U. S. Coast Guard and u.S. Army Corps). Testing 0 Analysis: Physical, Biological, Geological and Hydrological (Collier and Lee Counties). Development-Suitability Studies: Collier, Lee and Charlotte Counties. Dredge and Fill Permit Applications: Lee County, state and federal. Environmental Reports: Lee County, City of Sanibel-Environmental Assessment Reports. Lee County, Environmental Impact Summary, Development of County Impact, Planned Unit Development. U.S. Coast Guard, Environmental Analysis. Beach Restorations: Collier (Tigertail and Clam Pass, County Parks), Lee (Sanibel Island, private). Upland/Wetland Restorations: Collier and Lee County. Bridge R/W analysis: Lee, Sanibel-Captiva, Blind-Pass, Lee County Roadway Corridor Analysis: Collier (North Naples M.S.T.U., Livingston Road), Lee (Cortico Road; McGregor/Gladiolus/San Carlos; Daniels Road extension, Sanibel-Captiva roadways.). Well fields: Lee (Gulf Utilities, The Habitat). -5- Rare, Threatened or of Special Concern: Collier and Lee Counties, local, State and Federal agencies involvement. Native Landscape Design/Installation: Collier (upland, interior/coastaiwetlands and dune restoration ) Lee (upland, interior and coastal wetlands). In both counties includes county, State and Federal mitigation/restoration design, installation and performance monitoring. Honorary Societies: Sigma Zeta; Phi Sigma Professional Organizations: Florida Academy of Sciences, Florida Conservation Foundation, American Institute of Fishery Research Biologists, Florida Native Plant Society, Florida Association of Environmental Professionals, 1000 Friends of Florida, Inc., Southwest Florida Land Preservation Trust (technical advisor), Collier County Audubon (board of directors, program chairman), Florida Ornithology Society, Natural Areas Society. Committees: -Citizen Advisory Committee, Collier growth management plan, appointed by the Collier County Commisioners, February, 1987- 1989. -Groundwater Protection Technical Advisory Committee, appointed by the Collier County Commissioners, April, 1988-1989. -Regional Urban Design Assistance Team, Environmental Task Force, appointed, January, 1988 by Dr. Mark Benedict, Environmental Projects Director of The Conservancy, Inc., Naples, Florida. -Sensitive Lands Environmental Advisory Committee, Lee County,1988-1990 -Committee for Environmental Awareness, Collier County, Current (1990) -6- -Environmental Ordinance Ad Hoc Committee, Lee County, Current (1990) -Road Corridor (Environmental Review) Committee, Lee County, Current (1990) -Land Planning Advisory Committee, Zoning Ordinance Tash Force, Lee County, Current (1990) -Corkscrew Regional Ecosystem Trust, Collier and Lee Counties, (alternate) Current (1990) -Collier County Audubon Society, Board Member, (conservation chairperson) Current (1990) -Southwest Florida Trust for Public Lands, Technical Advisory Committee, Current (1990) -Global Releaf Committee, Lee County, Current (1990) -Environmental Policy Technical Advisory Board (1991-current) -Collier County Representive on the E. C. W. I. F. T. Wildlife Corridor Comm. Publications: (1991- //12 ) Caillouet, C. W., Jr., G. L. Beardsley, and N. Chitty, 1971 , Notes on Size, Sex Ratio, and Spawning of the Spiny Lobster, Panulirus guttatus (Latrelle): Bull. Of Marine Sci., 21 (4): 944-951 Roessler, M. R., Gary L. Beardsley and Roy Smith, Benthic Commuinities of Biscayne Bay Florida: University of Miami Sea Grant Program, Sea Grant Coastal Management Bulletin (Report). Roessler, M. A., Gary L. Beardsley, 1974, Biscayne Bay: Its Environment and Problems, Florida Academy of Science, 37 (4): 186-204. Iversen, E. S., Gary L. Beardsley, 1976, Records of Shell Disease in Crustacea from South Florida: The Progressive Fish Culturist, U. S. Department of Fish and Wildlife Service, 38 (4): 195-196. Roessler, M. A., Gary L. Beardsley, and D. C. Tabb, 1977, New Records of the Introduced Snail, Melarpides tuberculate (mollusca: Thiaridoe) in South Florida: Florida Scientist, 40 (1 ): 87-97. Heald, E. J., M. A. Roessler, and G. L. Beardsley, 1979, Litter Production in a Southwest Florida Black Mangrove Community: Proceedings of the Florida Anti-Mosquito Association 50th Meeting, April 22-25; 24-33. Thorhaug, A., G. L. Beardsley and R. Hixson, 1977, Large-Scale Transportation of Thalassia in South Florida: Second Conference Restoration of Coastal Vegetation in Florida. Beardsley, G. L., T. J. Costello, Gary E. Davis, Albert C. Jones and David C. Simmons, 1975, The Florida Spiny Lobster Fishery, a White Paper, Florida Scientist 38 (3): 144-149. Bach, Steven D., and Gary L. Beardsley, 1976, A Disease of the Florida Spiny Lobster: Sea Frontiers, International Oceanographic Foundation 22 (52-53. -7- Booker, F., A. Thor. Aug, G. L. Beardsley and B. F16.,n, Seagrass Species, Density and Theoretiocal Productivity off Key Biscayne, Florida: Florida Acadamy of Sciences, Manuscript-1982. Tabb, D. C., E. J. Heald, T. A;. Alexander, M. S. Roessler and G. L. Beardsley, Survey of the Mangroves, Interior Wetlands and Upland Vegetation of Sanibel Island, Florida., Technnical report, The Conservation Foundation, Washington, D. C. -8- JUL-25-94 MON 13 : 16 P ce-4--s-F '• ._.e 1 iii/ ....... , . ! ti/Ayme 1:;(;:, /.01/hm •" i.. .-: if -- r: ; ti, , - - - t4 / , ,L 1 TROPICAL ENVIRONMENTAL - ', . t;4 r4 p".oVI -, -r) rw" 5. / 2C30,6Ni S,..1.r:Lit•rii( NN:TriSF, ) — _IC 1 0 , 'KSi \ 4(‘ Nartz•.5, F1,)ti..i, 32.,94::' "1 . ,.." i i ' ' , , ,,40 4 4; tif:kwi),i .. .. -00 Ak, Phort R.•;N (''•1 3., 2•\3.- •:C .7 i 06-1, ,,,,,x,,,,„ ,", o • t E11111111111 1111111111111111:1111111fillilliliM1111111E, ! i 09r TOPVC OF FON/ROC. I: =- ,,,,, 9 i . ::, 1 ' 0- i / ' 41 f . IffilM11111 11 . iZbi-L- ie , Aim , V' (Mt eft ti i 44: --- WejMeroo or ,di IMF SIEMT:19rfirs. II , PM, Number of pages Famed i CommenittpLUNKI: g) .. 6,447.is44106, 40-17");1, 0.. 4 / 47- t„,, ,, kw/I 44It'97e)•fak II 4006"frsvSe 4 co , i,. . iti yq plaori piroom e....,,„ 'Note-Please contact us hg phone (813-263-887) if this flit transmission Is not complete or prneerhi received. ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD JULY 25, 1994 NRPA COMMITTEE MEETING PRESENT: Chuck Ray NOTIFIED ABSENT: Derek Hodgin Gary Beardsley David Addison Richard Hartwell Bill Lorenz »»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»> 1600 hours Explanation as to what is a NRPA. Problem Statements for Clam Bay NRPA handed out. Lengthy discussion about the Clam Bay NRPA and where staff is at this point. Gary Beardsley suggested several individuals who might be able to contribute information about Clam Bay: Jim Beever: Black Mangrove die-off Dr. Jack Coe: University of Miami about hydrology/flushing Tom Missimer: Hychology Suggestion that Naples Cay, Seagate, Pelican Bay and Jon Staiger be notified of NRPA meetings. Meeting adjourned at 1750 hours. MEMORANDUM TO: Environmental Policy Technical Advisory Board FROM: Commissioner Bettye J. Matthews, Vice Chairman RE: Commission Meeting of July 19, 1994 DATE: July 19, 1994 Thank you for the input regarding the Manatee Protection Plan that you provided to the Commission today. Your input on this issue is precisely what I have been looking for regarding EPTAB and environmental issues. Thank you! Bettye J . /Ma thews, Commi ' ioner BJM:cfd 07/14/94 13:08 $1 813 262 3074 HOLE MONIES Z1001/002 FAX TRANSMITTAL p (E-'7cA! C ;c Post-it'-Fax Note 7671 Date �2¢ #pao Date7//it 1 gf es 52( C From / vI�C ;-t��i . Co/Dept Co. Phone HOLE, MONTES & ASSOCIATES, INC. # �1/�L Phone# 7,72_27‹.)-C_5 Engineers, Planners & Land Surveyors Fax* el 5 ; �j Fax# 7 t 74.4 715 Tenth Street South, P. O. Box 1586 Naples, Florida 33939-1586 715 Building Phone: (813) 262-4617 TOi DATE: �.i(4_1c,4__ JOB NO. COPY TO: *-1 g2a2 FROM: RE: • There are a total of pages on this transmittal including the cover sheet. If there is a problem transmitting or you do not receive the number of pages indicated, please call the above number immediately. Remarks: Telefax Numbers: Main Office: (813) 262-3074 Boardwalk: (813) 262-0640 Bonita: (813) 992-2327 Utilities: (813) 262-6528 Field Office: (813) 774-7231 Ft. Myers: (813) 481-1015 Gateway: (813) 561-7970 0 w O Z Z ,a � U U Cd O poz r' X c z � Q o w � H Z 0 S I z cn 71- 0 0 0 0 0 0 0 0 0 l 00 r-- �O v� 'KT M N • 1 TIME AFTER DREDGING (MONTHS) NAVIGATION CHANNEL SHOALING FIGURE 23 EXISTING CONDITIONS vs USAGE RECOMMENDATION WIGGINS PASS, FLORIDA COASTAL PLANNING & ENGINEERING, INC. • BOCA RATON • SARASOTA • JACKSONVILLE 78 0 N ^ I V N ' 7 O M I � . W V) z z zo � x w w OPERATING DEPTH E., ' d 0 \\ \\ \\ \ \ \ N 6 1 t i Uz I z cn c ,-+ W H N obx oW z i Q Q � 0 � U I z � ¢ , z w ¢ -, X o c, c, c, c, c, o 0 0 0 l xH o z TIME AFTER DREDGING (MONTHS) FIGURE 25 ALTERNATIVE 3 & 4 NAVIGATION CHANNEL SHOALING WIGGINS PASS, FLORIDA COASTAL PLANNING & ENGINEERING, INC. • BOCA RATON • SARASOTA • JACKSONVILLE 126 , Co O CV W Li. i. 3 O o 2 Z � 1 � o J = � � o Q Z n O .„\\A4\L\\ q = `:t' M 'A U , cc . w 114 0 L1.! J \ • I Z 0 A + 3 Q 0 \ 5.' a U 0 ao Z Q x 0 /ate" ` O� p I— V/ �., r. 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SUBSURFACE ROCK DEPOSITION BASIN . ::� _ 4+00 (-6.0 TO —9.0 MLW) ....:..1 ` 1 t' , \ NAVIGATION CHANNEL :•: s+00 ..i A-.\ EXISTING CHANNEL 1-11()+55 ALIGNMENT _\L 12+00 I Q- I _ _ Q MLW 65. 150' 35' 12' 1Lr ' ' 4 �_L DEPOSITION 150' - BASIN GULF OF MEXICO 250'-y-' !--•- SECTION A - A1 N.T.S. ALTERNATIVE 3B FIGURE 28 NAVIGATION CHANNEL WITH DEPOSITION BASIN -12 FT. MLW DREDGE DEPTH WIGGINS PASS, FLORIDA 139 COASTAL PI ANNING & ENGINEERING_ INC.•BOCA RATON•SARASOTA•JACKSONVILLE ENVIRONMENTAL SERVICES DIVISION MEMORANDUM TO: EPTAB wV FROM: William D. Lorenz Jr. , P.E. , Administrator Environmental Services Division DATE: 14-Jul-1994 SUBJECT: Status of GOPs for the Conservation and Coastal Management of the Growth Management Plan As requested, here is the 1992/1993 Monitoring and Evaluation Report which tracks the progress in accomplishing the Goals, Objectives and Policies of the Growth Management Plan. Please feel free to call me at 732-2500 if you have any questions. WDL:pc Attachment c: Environmental Services File ter. COLLIER COUNTY GROWTH MANAGEMENT PLAN 1992/1993 MONITORING & EVALUATION REPORT Prepared By Growth Management Section Community Development Services Division 2800 North Horseshoe Drive Naples, Florida 33942 (813) 643-8409 CONSERVATION & COASTAL MANAGEMENT ELEMENT LEVEL OF SERVICE STANDARDS The following six (6) policies in the Conservation & Coastal Management Element establish the Level of Service Standards for the provision of infrastructure sufficient to serve development in the coastal area of Collier County: Policy 10. 1. 1 Coastal Area County Roads Policy 10. 1.2 Coastal Area Water Management Systems Policy 10. 1.3 Coastal Area Potable Water Systems Policy 10. 1.4 Coastal Area Sewer Systems Policy 10. 1.5 Coastal Area Solid Waste Disposal Policy 10. 1.6 Coastal Area Parks & Recreation These Levels of Service Standards are currently being met and Staff anticipate that they will be met. STATUS OF IMPLEMENTATION Of the 308 Objectives/Policies contained in the Conservation & Coastal Management Element, 11 require Ordinances to be adopted, 26 require Programs to be established, 10 are policies, 4 require Document Updates, 2 require Interlocal Agreements, 32 Establish Guidelines, Standards and/or Criteria, 2 require a Mandatory Annual Update, 44 describes a Plan of Work, 4 describes a "New" Product, and 173 are Policy Statements. Of these 308 Objectives/Policies, 234 are 100% Completed but require a continuous effort to implement, 28 are 100% Completed with no further work required, 19 are 75% Completed, 15 are 50% Completed, 7 are 25% Completed, and 5 are Not Begun. - 122 - y N I - a5 , // - 0 Q R__.04 01) 0 0 c "giuki H 5 g .1._ 8 77- _ �:4 a g co f c•--4 f // // - N . r�4 w w w H 1-4r: L w ct -ce) I- d 2 -'c'' E5 1-=- r J W W c, . n Z ce a w �� D p it F- CC d < r JZ - El L V D <f C .) 4a `�' d J C-3 O n c 0 ap w -I- O N CO W o C D w \ QCD / / \ / - 123 - CONSERVATION & COASTAL MANAGEMENT ELEMENT OBJECTIVES/POLICIES TO BE COMPLETED 75% Completed Policy 01/03/01 Natural Resources Protection Area Program Objective 02/04 Interlocal Agreement with the Florida Department of Natural Resources Policy 02/04/02 Interlocal Agreements with Rookery Bay Policy 02/04/03 Cooperation with the Florida Department of Natural Resources Objective 02/05 Estuarine Management Program Objective 06/01 Native County Habitats Criteria Policy 06/01/01 Develop/Inventory Standards and Criteria Policy 06/01/02 Develop Standards and Criteria Policy 06/01/03 Development Standards and Criteria Policy 06/01/04 Protection of Identifiable Habitats Policy 06/01/05 Modify Standards and Criteria Policy 11/04/04 Require Dune Stabilization Policy 11/04/05 Dune Restoration and Preservation Program Policy 11/04/06 Native Vegetation on Coastal Barriers Objective 11/06 Coastal Barrier/Beach Management Program Policy 11/06/01 Coastal Beach Management Program Policy 11/06/02 County Resource Management Policies - 125 - / \` / In - C, \ I-4-7 N CD — o N Q TiAn g� 1 PI L11 H g CAO ri% 6n11.4 HZ cfmZ g E0 4.1 - c,?_ P_1 EL-4.0 74. f 0 ...; A 00 c, o a (..) c„, 51 r:ti 9 N El ( ,/ . . � / /A Lf7i cp Li i Li Li 2 L J LLw wm , 7: ..7. 1_ 0 0 4,) a a 0 0 w c) c) C) C) a w c c o t^- N W ,-- 1- Ell - W J d N O W \ CO / - 124 - CONSERVATION & COASTAL MANAGEMENT ELEMENT OBJECTIVES/POLICIES TO BE COMPLETED (continued) 50% Completed (continued) Policy 13/04/01 Emergency Planning for Nursing Homes 25% Completed Objective 02/01 Watershed Management Plans Policy 13/03/01 Post Disaster Recovery Planning Policy 13/03/02 Board of County Commissioners : Recovery Task Force Activities Policy 13/03/03 Recovery Task Force Composition Policy 13/03/04 Recovery Task Force Responsibilities Policy 13/03/05 Post Disaster Immediate Actions Policy 13/03/07 Board of County Commissioners : Damaged Public Facility Evaluation Not Begun Policy 02/04/01 County Notification to the Department of Natural Resources Objective 05/03 Mineral Reserves Policy 05/03/01 Mineral Reserves Cooperation Policy 11/04/11 Land Use Incentives Policy 13/03/08 High Hazard Non-Public Structures - 127 - CONSERVATION & COASTAL MANAGEMENT ELEMENT OBJECTIVES/POLICIES TO BE COMPLETED (continued) 75% Completed (continued) Policy 11/06/04 Sea Level Rise Policy 13/01/03 Emergency Shelter Space 50% Completed Objective 01/01 Environmental Management and Conservation Program Policy 01/01/07 Environmental Protection Standards Objective 01/03 Natural Resources Protection Agency Program Policy 01/03/03 Natural Resources Protection Agency Criteria Policy 01/03/04 Watershed and Natural Resources Protection Agencies Policy 02/01/01 Water Management Plan : Estuarine Impact Considerations Policy 02/01/02 Water Management Plan : Parameters Policy 02/01/03 Water Management Plan : Hydroperiod Restoration Policy 02/01/04 Water Management Plan : Concepts Policy 02/01/05 Basin Studies Data Integration Policy 03/01/01 County Well Inspectors Policy 04/02/05 Residential Irrigation Public Information Program Policy 11/05/06 Prohibit Motorized Vehicles on Beach Policy 13/03 Establish Post-Hurricane Task Force - 126 - PUBLIC PARTICIPATION The public has provided input and participated in the development and implementation of 70 of the 308 Objectives/Policies contained in the Conservation & Coastal Management Element. These were discussed at 20 Standing Committee Meetings, 29 Ad Hoc Committee Meetings, 14 Neighborhood Meetings, 32 Public Workshops, 35 Public Hearings, and 45 via Informal Contact. The *Board of County Commissioners addressed 33 Objectives/Policies in the Conservation & Coastal Management Element at Strategic Planning Meetings, Special Workshops, Public Hearings, a regular Commission Meeting, and Budget Workshops. ADDITIONAL RESOURCE REQUIREMENTS Policy 13/03/08 - High Hazard Non-Public Structures This Policy calls for the County, within 30 days of a hurricane resulting in disaster, to identify non-public structures in coastal high-hazard areas and inventory their assessed value, judge the utility of the land for public access and make recommendations for acquisition during post-disaster recovery. At the time this Survey was completed, an additional $28, 916 was stated as required to compensate a Review Appraiser which Real Property Management Department felt was needed in order for this Policy to be fully implemented. The funding source shown was County fund: 001-122310. On being contacted for an update, Real Property Management Department have confirmed that their comments contained in the above paragraph remain the same. They further added that they would not be able to adhere to the current policy given their current staff resources. - 128 - GROWTH MANAGEMENT PLAN CONSERVATION & COASTAL MANAGEMENT ELEMENT CRITICAL DATE REPORT CODE: TYPE OF OBJECTIVE/POLICY: 1. ORDINANCE 2 . PROGRAM 3. POLICY 4. DOCUMENT UPDATE 5. INTERLOCAL AGREEMENT 6. ESTABLISH GUIDELINES, STANDARDS AND/OR CRITERIA 7. MANDATORY ANNUAL ACTIVITY 8. DESCRIBES PLAN OF WORK 9. "NEW" PRODUCT 10. 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P. P. O 1). P. P. 0P. 0 - 138 - ,a'`'\ DRAFT: 7/13/94 APPROVED: ` ? i4 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES PRESENT: Dorothea Zysko Derek Hodgin Chuck Ray Gary Wilson Nancy Payton Robert Duane David Addison NOTIFIED: Steve Means Gary Beardsley ABSENCES <Due to communication problems Jack Baxter was never officially notified of his appointment to the board, however he did receive a July 11, 1994 Agenda Packet> STAFF: Bill Lorenz Kimberly Polen Kevin Dugan PUBLIC: Virginia Corkran I. Meeting called to order. II . Introduction of new members. III . Roll was called by Dorothea Zysko. IV. The minutes from the June 13 , 1994 meeting were approved unanimously. V. OLD BUSINESS a. Subcommittee/Ad Hoc Committee Work Plan Derek Hodgin reported on the June 20, 1994 Workplan Subcommittee Meeting. He stated in summary the committee made a motion of the following recommendations: a) the formation of two subcommittees: 1) GMP and 2) NRPA; b) change the name of the "workplan" subcommittee to "steering" committee; and c) to discuss possible EPTAB involvement with the Land Development Code revision process. Robert Duane asked if staff would provide a quick overview of their recommended GMP changes to EPTAB prior to EPTAB recommending any change? Bill Lorenz mentioned that staff would be involved in the GMP Amendment Process around the first of the year and that formal hearings would take place in July 1995. . Robert also questioned the fact that no one has presented physical evidence indicating that the LDC is deficient or inconsistent with the GMP? Dorothea responded to the Workplan Subcommittee's recommendation "c" by stating that she believes EPTAB should be informed of any environmental changes affecting the LDC. Nancy Payton responded to the Workplan SubCommittee's recommendations "a" & "b" by stating that she considers the subcommittees as "standing" committees with subcommittees under them. Whereas the Steering Committee, the core "standing" committee, would be responsible for time management of standing committees. Robert suggested that an annual report be published for the BCC's review which presents the completed goals, objectives and policies. Bill indicated that annual reports for water quality are available, yet subjects like habitat have not been accounted for on a regular basis. David Addison said The Conservancy, Inc. has a list of developments which could give the BCC an idea of what habitats have been or are permitted to be eliminated. Robert suggested that EPTAB may want to ask for assistance from the private sector (e.g. non-profit environmental organizations) . Bill said an example of a topical area could be the Sea Turtle Nest Monitoring Trends which the County is currently analyzing. Bill volunteered to provide a list of topical areas for the next meeting in August. Dorothea motioned that the GMP and NRPA Committees would become standing committees and that the Workplan Ad Hoc Committee would be replaced by the Steering Committee, which would also be considered a standing committee. Virginia Corkran suggested that a large list of the current status of the GMP Goals, Objectives and Policies should be posted in the BCC Chambers so everyone can see the results. Dorothea called for a vote to the motion, which was approved unanimously. She also apointed the following members to the following committees: Robert Duane GMP Gary Wilson GMP Gary Beardsley GMP David Addison NRPA Derek Hodgin NRPA Chuck Ray NRPA Steve Means Steering Nancy Payton Steering Dorothea Zysko Steering North Golden Gate Estates (NGGE) Since ther are no members from the NGGE Ad Hoc Committee, Dorothea reiterated what Chris Hagan concerns where prior to his resignation and that Gary Beardsley has contributed a lot of work into the committee. Nancy Payton proposed that the New NRPA Committee should decide what direction the NGGE Ad Hoc Committee should proceed. b. Manatee Protection Plan (MPP) Bill announced that the BCC has been scheduled to hear the MPP on July 19th. Dorothea stated that EPTAB has an obligation to make a recommendation(s) to the BCC. She also said the State is pressing the County to address specific marina sitting criteria in order to gain their approval . Kevin Dugan explained the County's perspective is to review proposed marinas on a site-specific-basis through the development review process. Derek Hodgin clarified the existing regulations. Bill mentioned the fact that if the County can't get the State to agree, the maximum of 1 boat slip per 100' of shoreline may be permanently mandated. David questioned the speed limits around and under the Mcllvane Bay Bridge. Kevin answered by stating the speed limit is 20 mph. David suggested applying a slow speed from the main power pole on the west side of the bridge to the eastern edge of the flotilla canal opening. Dorothea said data collection should be less "sporatic" . Chuck Ray questioned the portion relating to the applicants responsiblity to prove impacts to manatees prior to development and the fact that enforcement should be targeted towards manatee protection (locations and times of manatee use) . Chuck also mentioned the manatee data does not seem to be readily available. Kevin said the State has flown over the area and found manatees to be everywhere throughout the County. Derek read the motion to adopt the following recommendations: 1) State of Florida Manatee Protection data should be available to the public; 2) increase enforcement provisions for locations and times of high manatee usage; and 3) slow speed zone should be placed around and under the Mcllvane Bay Bridge. Dorothea called the motion to a vote, which was approved unanimously. c. Clustering in NRPA's Robert reported on the status on the clustering concept and stated that Barbara Cacchione would be forwarding the information in an executive summary to the BCC in September. d. EPTAB Membership Bill volunteered to clarify the vacancy announcements and term limitations, since there was some discrepancies. VII . NEW BUSINESS NRPA Procedures Manual EPTAB agreed that the manual had been adopted as an official document. Derek reported the status of the Wiggins Pass Plan. He will keep EPTAB posted as to when the 3rd manual is available for discussion. Dorothea briefly mentioned the Wetland Delineation changes that have been adopted by the State as of July 1st. She questioned how these changes might affect the the County's environmental review of proposed developments? Bill answered by indicating that Development services is responsible for providing environmental reviews. VIII. PUBLIC COMMENTS Virginia suggested that EPTAB might want to send a representative to the Big Cypress Basin Board Meetings in order to keep in touch with current/proposed natural resource management decisions affecting the County. Dorothea mentioned to EPTAB that she attended a meeting with the Lawton Chiles (Governor) , Valerie Boyd (SFWMD Chairperson) , Mike Slayton (Big Cypress Board Basin Administrator) and various representatives from environmental groups. IX. The meeting was adjourned at 6 : 07p.m. ACTION ITEMS: 1) Bill volunteered to provide a list of topical areas for the next meeting in August. 2) Bill volunteered to clarify the vacancy announcements and term limitations. F6t y ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD RECOMMENDATIONS TO THE BOARD OF COUNTY COMMISSIONERS (BCC) REGARDING THE MANATEE PROTECTION PLAN July 11, 1994 Please be advised that EPTAB reviewed the final version of the required Collier County Manatee Protection Plan during it's July 11, 1994 , meeting. EPTAB has found the plan to be consistent with the County's Conservation and Coastal Management Element of the Growth Management Plan and fully supports the proposed plan with the following recommendations: 1) Request that the BCC establish an additional slow speed zone extending approximately four hundred (400) feet east and west of the Mcllvane Bridge, which is located immediately north of the S.R. 951 and S.R. 952 intersection; 2) Recommend that the BCC pass a resolution requesting that the State of Florida collect additional manatee data and provide this data to Collier County Government in order to facilitate future Manatee Protection Plan revisions and updates, as applicable; and 3) Recommend that the BCC pass a resolution requesting increased enforcement of existing and proposed speed zones by State and local enforcement agencies. These enforcement efforts should target times and locations of concentrations of manatee populations in order to facilitate increased manatee protection. EPTAB is fully aware of concerns expressed by the Florida Department of Environmental Protection, Division of Marine Resources regarding marina siting criteria contained in the Manatee Protection Plan. However, we feel that, considering available resources and time constraints, the proposed plan does the best job to address Manatee Protection in Collier County. ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA «< UPDATED>>> DATE: JULY 11, 1994 PLACE: COLLIER COUNTY GOVERNMENT COMPLEX, BUILDING H, 3RD FLOOR CONFERENCE ROOM C TIME: 4 : 00 P.M. I. CALL MEETING TO ORDER II. INTRODUCE NEW MEMBERS Jack Baxter Charles Ray Gary Wilson III . ROLL CALL IV. APPROVAL OF MINUTES - June 13 , 1994 V. ANNOUNCEMENTS VI . OLD BUSINESS a. Subcommittee/Ad Hoc Committee Reports 1 . Work Plan Ad Hoc Committee 2 . North Golden Gate Estates b. Manatee Protection Plan - Recommendations to the BCC c. Clustering in NRPAs - Status Report (Robert Duane) d. EPTAB Membership - Expirations, Vacancy VII . NEW BUSINESS a. Natural Resource Protection Areas Procedures Manual VIII. PUBLIC COMMENTS IX. ADJOURNMENT ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA / DATE: JULY 11, 1994 4 , PLACE: COLLIER COUNTY GOVERNMENT COMPLEX, ''r _ ' P,444 BUILDING H, 3RD FLOOR CONFERENCE ROOM C 6i, TIME: 4 : 00 P.M. /tc-l"at, /L 'e { 1. CALL MEETING TO ORDER /J t "??. c-c1�'� Introduce new members: Jack Baxter Charles Ray Gary Wilson II. ROLL CALL III . APPROVAL OF MINUTES - June 13 , 1994 IV. OLD BUSINESS a. Report of the the Work Plan Subcommittee b. Manatee Protection Plan c. Clustering in NRPAs (from the June 13 meeting) V. NEW BUSINESS VI . PUBLIC COMMENTS VII. ADJOURNMENT JH: j1\6794 • E X E C U T I V E s U H M A R Y APPOINTMENT OF MEMBERS TO THE ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD OBJECTIVE: To appoint 3 members to the Environmental Policy Technical Advisory Board. CONSIDERATIONS: This 11 member board was established on March 12 , 1991, by Ordinance No. 91-26 to advise and assist the County in the development and implementation of the County's Environmental Resources Management Program. 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. Terms are 4 years. A list of the current membership is attached for your review. A press release was issued and resumes were received from the following 3 citizens: APPLICANT DISTRICT ELECTOR Jack Baxter 1 yes Charles F. Ray 2 yes Gary R. Wilson 2 yes EPTAB is recommending that Gary Wilson be appointed; that the remaining 2 positions be re-advertised; and that Mr. Ray and Mr. Baxter be considered in the next cycle with additional new applications. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint members to serve on the Environmental Policy Technical Advisory Board, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: S. Filson Date: June 28 , 1994 kGcii,^ir�t �T I No. / 7V� JUN 26 199 Pg. • RECEIVED NATURAL RESOURCES DEPARTMENT JUN 1 6 1994 MEMORANDUM Board of County Corr 1ssioners TO: Sue Filson, Administrative Assistant V/ FROM: William D. Lorenz Jr. , P. E. , Administrator DATE: June 14, 1994 SUBJECT: EPTAB Membership Per your May 16, 1994 memo, I have attached a table summarizing the areas of expertise for the following candidates : Charles F. Ray Jack Baxter Gary K. Wilson 85 Ridge Drive 930 Heron Court 2037 Laguna Way Naples FL 33963 Marco Island FL 33963 Naples FL 33963 Please note that Mr. Baxter's experience in Pollution Control is limited to the invention of an oil spill and tracking system and his partnership in an asbestos removal company. Mr. Ray has an extensive career in environmental science and has academic training in aquatic biology (Master Degree in Limnology and Aquatic Biology) . Mr. Wilson is experienced in real property law as related to land use law. I would recommend serious consideration be given to Mr. Ray and Mr. Wilson for membership. On June 13 , 1994 , EPTAB passed the following r.otion 4 for and 2 against. Motion: To recommend that Gary Wilson be no-inated by the BCC for EPTAB; Motion: That the other two vacancies be advertised, and that the two candidates not selected by the BCC be notified that their applications will be added to the pool of new applications for membership to EPTAB. (They would have the option to continue or withdraw) . WL: j1\6735 Attachment AGEN ' IT No. JUN 28 1994 P9- ? }rnNa NTAL POLICY TECHN I CAL ADv I*('_ -$QNB2 l ' Zt, ?HOKE NO. &EMI ;,XP vr,TE TERM REAYP? 2ND EXP PATE Gary L. Beardsley H. 05/28/91 09/30/94 3 Years 96 13th Street, N. 263-0077 W. Naples, Florida 33940 Biology DISTRICT: 4 Dorothea P. Zysko 592-5247 H. 09/28/93 09/30/97 4 Years • 6654-A Tannin Lane 649-4040 W. Naples, Florida 33942 Permit Specialist/Project Manager DISTRICT: 3 D rek A. Hodgin 353-2928 H. 02/15/94 09/30/94 8 Months 75 Eighth Street, S.E. W. ��///��' Naples, Florida 33964 Env. Design 6 Permitting DISTRICT: 4 • David B. Land (�� , q H. 05/28/91 09/30/92 1 Year 601 E. Main Street v1 657-6122 W. 09/22/92 0930/96 4 Years Immokalee, Florida 33934 Planner CI _ DISTRICT: 4 Michael A. Davis... \ �'1 455-2818 H. 05/28/91 0:/30/93 2 Years 3661 Merchantile Avenue 643-1777 W. 09/28/93 0=/30/97 4 Years Naples, Florida 33942 Business DISTRICT: 3 David Addison H. 05/28/91 ::/30/95 4 Years 1450 Merrihue Drive 263-0223 U. Ales, Florida 33942 --biologist DISTRICT: 3 Nancy Anne Payton 434-7406 H. 09/22/92 =/30/96 4 Years 2069 River Reach Dr. 0414 W. Naples, Florida 33942 ; Biology / �, DISTRICT: 2 r • L"4 7..,�� Christopher D. Hagan . H. 08/24/93 :-;30/=5 2 Years 1302 Derbyshire Court, C-101 482-7275 W. Naples, Florida 33999 Land Use Planning DISTRICT: 3 -,,L (< i/ i David S. Maehr �'� "" o,4_ 455-8122 H. 05/28;51 =0•134 3 Years 566 Commercial Blvd. LI ' 643-4220 W. Naples, Florida 33942 wildlife Biologist AGEN D T DISTRICT: 5 N0. JUN 2 8 1994 -1- Pg• Q-s eG"lrtlier Coag Jistrattoa et UPDATE U 0 Name. 0 Aa s M 0 Party WARNING: IF YOU SIGN THIS OATH OR AFFIRMATION EVEN THOUGH YOU KNOW IT IS UNTRUE. YOU CAN BE CONVICTED AND FINED UP TO $10.001 ANDA JAILED UP TO FIVE YEARS. TEMPORARY REGISTRATIOR RECEWT Collier County.Ft T.'2).. .e Phone Number -? 4('s 6 7>i IDENTIFICATf N EVIDENCE >xial Security Number .2J0 - * • 7F'4; (--Driver's License No eve you ever been convicted of a felony or 0 Tag Registration No. Kiudicated incompetent? Yes 0 No a-- 0 Other-Explain -2.5'6 - 4,44 -,'2 . ?'r1-, v I)es.have your rights been restored? Yes 0 No 0 _ g - ham j= . ast Name First ;diddle residence / Mailing J.resS ISO /X4-0,1 e/ Address Ti Street/Apt.No. StreeVP.O.Box/Route / a Ls/e•z ,_/ 33 S.0 2 , / c 'I�+c g State Zip City Stale Zip n-) - 5 1,_,.3-...ti _Ma Sex _ Race r �_, Date of Birth _ City&State of Birth PaM I Assistance •• Military Reg strati7 Date ti order to vote in a partisan primary election.you must be registered with apolitical party •• Are you permanently disabled? Yes 0 No 0 If NATURALIZED,have person can"e Elections Office(774-8450)to give naturalization infvmatio R_Y1OUS REGISTRATION INFORMATION: requested below or(or U.S.Passpa:No.). This must be done before registration can be prressec Never Previously Registered 0 No. 1 Court I State 1 Date OR To register to vote an aoiiczn:.m s•_-:. Persons not eligible to register: — "A citizen of the United Sa:_s 'Persons convicted of a felony who have iv hac -:.•ous name.it different from present •18 years of ag:on or Oefori e':r. their civil rights restored -=. pus Street Address day:you may be 17 years c4c-.o: :-ester 'Persons adjudicated to be mentally incurrpeten _,.pus Cary.Township.or Village Mk�hr.a 'A resident of Coln ,,rte, •Persons who are not citizens of the U.S. RY W.MORCIAk..uperyisar of Elections.Collier County,Florida _.'utas State /nr? Previous Zip By: -C.' 'ounty /1/^ /, r+Qr Bank E.:nctUFeld c. a • AGEN[ IT 0. JUN 2 8 199+ Pg._119.----- MEMORANDUM TO: Bill Lorenz, Environmental Services A• . rator FROM: Sue Filson, Administrative Assist- n Board of County Commissioners RE: EPTAB • DATE: May 16, 1994 As you know, we currently have 3 vacancies on the above-referenced advisory committee. A press release was i*sued 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: Jack Baxter 930 Heron Court Marco Island, FL 33937 Charles F. Ray 85 Ridge Drive Naples, FL 33963 Gary K. Wilson 2037 Laguna Way Naples, FL 33963 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 questions, please call me at 774-8097 . Thank you for your attention to this matter. SF Attachments No. JUN 28 1994 Pg.--b�---- GENESIS ENVIRONMENTAL 01EE9 4!1 P. 02 JACK BAXTER 930 Heron Court, Marco Island, Fl 33937 Telephone: (813) 394-5674 EMPiOYMENT HISTORY: 1991 - Present Genesis Environmental Marine Monitoring inc. -Marco,R This Is an Earty-Waning o1 spin detection monitoring and trocldng system Invented by me for the purpose of preventing and/or reducing dean-up costs of oa setas. I am presentty engaged In world- wide licensing and distributor ageements for my Genesis System.. 1994-1991 National Environmental Group Inc. -Gop.PA Vice President of Operations. My duties included al facets of operation for the con-pony from its beginning in 1990. Primary responsibilties Included securing icensing, setting up and signing government contracts,and folia hng through al phases of the business. Number of employees =30. Salary S72,000 per year. Reason for leaving-Automobile occident. 1988-1990 Baxter Group-- Hagerstown, MD Owner\Founder. Primary object was to procure government contracts. Number of employees =75. Salary--550.000+ per year. Sold business to larger corporation. -1988 Notional Asbestos Removal -Washington, DC Partnership -Owned 66%of Company. Primary objectives were to obtain asbestos removal contracts from government and rrIirtory bases in Bermuda.Bahamas,Guam.Phikopines.etc. Company was solely involved In asbestos removal. Number of employees=35. Salary= S80,000+ per year. Partnership dissolved. 1974-1983 J.E. Builders - Washington, DC, Sole owner. Builder of custom homes and historic renovations. I built an average of one hundred premium homes per year. Commercial development inched converting hotels into condos, primarily M Washington, DC. 1 also built restaurants for chains such as Marriott and DaVlnci's(New York City). Number of ernpioyees"50. Salary $1 OO,t700+/yr• Also, I purchased from the City of Baltimore 100 homes which I renovated and managed. At present, there is a Management Company overseeing these homes. ADVANCED EDUCATION: University of Maryland Georgia Tech -- Environmental Management LICENSED: Asbestos Removal/Encapsulation by the State of Maryland, Department of Environment Air Management Administration. FEATURED: AGEND T- No. Marco Island Eagle - May 11, 1994 JUN 28 1994 Pg. b . GENE$l* ENVIAONMENIAL elai•040birI f'• E4 • • • 11-A MA.Y 11, 1944 AMC ISLAND EAGLE O q O M aC O u V b O .0 01 t < C C d E i. C v i lAtz ... .xo. c ,cc ›,•;. ‘ by la c _ .ell • 4 li0 5 u " - 22 ° • ? 7E, • �'' ' ' 2 " � 1 •ti cAT _ r, 13at145 5 c - oe12E - '5 Ea °' 1:1 o of o c & A Wflh c � • E yoaa� e !LT, c � � a6 / wie .5.. 6 & g : 80 • i 6 - 515 .. Ztt, a 2 • / , _ C u papfi t ' '3 � - • ES c u u b e caaEt w •0 bO 5U •.. a 1"." ce leo Az361Sr. i2t1 a_ $ 5 [3- • utfeZ -. avg .stg, 1 s, 'Sae • Ac 2 ; a ca 01' � u �3 Acc � E ° c3 � f oz " k"' .� � S. 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B E a 3 0 _ .. _ — A = C . .C .... tc li a v _ CZ 0 ci- _ L p o0 p� iiLI i t O C . Lt.O V c a �', lie G t C , L • r L. C` C a - 2 .5 t i I § ft_ , 2 c ,.; E 3 c ;-. 7-1 2 '''.0 's. z gsc o ° 0 C ° C ti : A '5. t °• r = -`' ‘C c feu � .woa`• UC eat • ms • >+ ut • o . t, S " E etate. o•, 73 =ii 3 ^ i' Sc =o kL. o t ce: � g ^ da ilv.L , y ` T. v> a c ^ = ` c ?p„ ` o _ - a $ ,4 � , g ., d . IS _ 1 V Q = alt .CC : gaO O vO2 � .tO -- CyceC °' uv Y, b3 ` � ° YvY = _ co _ ' u $ Z` . a c _ c = = .E >,� u ° .. 5 vdc44t2t .i.' 0 . 4 � * £ EIY3Eg va7, i' cxL y °,Z' G xE " a > ma 'z,,, c53 = O v ° �O u0= m . a n'_ ^ < z - _ ` • v • C _ C a 1 1 _ = • BIOGRAPHY CHARLES F. RAY 85 RIDGE DRIVE NAPLES, FL 33963 ( 813) 597-3298 EDUCATION: M.Sc. University of Nebraska 1972 Limnology / Aquatic Biology B.Sc. University of Nebraska - Biology Affiliations Naples Area Board of Realtors Collier County Marine Trades Assn (Founder) Recreational fishing and conservaton groups Employment 1993 - Present; Realtor. Broker Associate at Realty Concepts, 899 Vanderbilt Beach Road, Naples , FL. General real estate sales and consulting. 1980 - 1992 ; Port of the Islands Resort and Marina, Vice Presid- ent. Initially participated in renovation and ropening of resort that had closed in bankruptcy several years earlier. Rebuilt marina and managed for two years. Concurrently renovated and re- opened trap and skeet ranges, RV Park, tennis courst and other outdoor recreation faciliteis. Restored activites to profitable operations. Supervised design and construction of initial single family sub- division streets, sewer and water systems, water management and other infrastructure. Completed on schedule and substantially under budget. Prepared deed restrictions, marketing plans and promotional materials. Sold out for well over projected revenue. Chaired architectural review committee and established character of the new community. Developed conceptual plans for condominium and patio home projects and larger single family subdivision, supervising engineering and architectural planning. Coordinated formation of Community Improvement District . Assembl- ed documentary and backup information; lobbied for and received authorizing ordinance from Board of County Commissioners. Chair- ed Board of Supervisors; led planning and design of infrastruct- ure including southwest Florida' s first advanced wastewater treat- ment system with water quality suitable for discharge into nat- ural wetlands. Active in preparation and issue of $7, 000, 000 bond issue for funding development . Prepared or supervised successful permit applications to Collier County, Water Management, District, Departments of Natural Re- sources and Environmental Regulation (now combined as DEP) , Corps of Engineers and other agencies for projects includin mainten- ance dredging, seawall construction and other sensiti a i;s�sue'"" �,� Coordinated with government agencies at all levels . tr'o. JON 28 '994 Pg' / CHARLES F. RAY 85 RIDGE DRIVE NAPLES, FL 33963 (813 ) 597-3298 REFERRENCES David Budd, Esq. Budd & Thomspon, P.A. 1010 Fifth Avenue S. Naples, FL 33940 Mr. Duke Turner Turner Marine of Naples, Inc. 899 Tenth St. South Naples, FL 33940 Mr. Todd Turrell Turrell & Associates 3584 Exchange Avenue Naples, FL 33942 Michele Shumaker Realty Concepts 899 Vanderbilt Beach Road Naples, FL 33963 Mr. Nicholas LaGrasta LaGrasta Homes 725 97th Avenue N. Naples, FL 33963 ACil No.2Ng JUN 2 8 1S94 Pg. ' Mrs . Sue Filson May 3 , 1999 Page Two Also note that I am a registered voter in Collier County, as I believe this is one of the requirements for the position. Should you have any questions, please do not hesitate to contact me. Very trul .urs, 44, Gary K. Wilson GKW/bn Enclosure Jai of • AGt ;SAy_a_, No. J U N 2 8 1994 ' , Pg. Q/ 's'0 F . PRIOR EMPLOYMENT: 1974-1977 Guidance counselor, Yulee Elementary School, Yulee, Florida 1969-1979 Various summer and part-time positions include: police officer, New Orleans, Louisiana; stain glass artist, Jacksonville, Florida and Gatlinburg, Tennessee; truck driver, eastern United States; managed gas station, Tallahassee, Florida; managed deli and restaurant, Gatlinburg, Tennessee; electrician' s apprentice, Naples, Florida and Bank Teller, Naples, Florida. AREAS OF PRACTICE: Real Estate - Commercial/Residential Experience in all aspects of commercial and residential real estate matters including developer representat}on, residential closings, title insurance, commercial lease negotiations, financing, condominium practice and landlord/tenant issues . Corporate Organized numerous corporations and partnerships in southwest Florida . Wills and Probate Probate and drafting experience with wills, living wills, and durable powers of attorney. PROFESSIONAL ASSOCIATIONS: The Florida Bar: Real Property, Probate and Trust Section Collier County Bar Association: Real Property Section. American Bar Association: Real Property Section. TITLE INSURANCE • COMPANIES : Attorneys' Title Insurance Fund: Title Insurance Agent First America Title Insurance Company: Title Insurance Agent Fidelity National Title Insurance Company of Pennsylvania : Title Insurar.ze Agent ti p, ztvir_ JUN 28 1994 Pq f • RECEIVED WILKISON & ENVIRONMENTAL SERVICES ROUTING MAY 51994 'ASSOCIATES DATECONsu niG EINGtvEE►zS APO 9RvEvocS ACTION: Board of County Commissioners 28 April 1994 tvs, • MEMORANDUMir, FO: G i, TO: Mike Davis, Chairman- Environmental Policy Techni - 1" EPTAB members, Bill Lorenz, Collier C. my Natural Resources Depattotent--- --------- FROM: David S. Maehrfer s`�1 SUBJECT: EPTAB membership Please accept this letter as formal announcement of my resignation from EPTAB. For the last few weeks I have tried to convince myself that I could juggle this responsibility with several new ones including my enrollment as a full time graduate student at the University of Florida With many challenges still facing our advisory board and the County, I leave this group reluctantly. Having served as past chairman, and vice chairman I feel a particular loyalty to EPTAB by virtue of our many shared frustrations and occasional victories. We all live and work in a county where prudent environmental decisions and visionary leadership are rare. Knowing that you all value the benefits that our unique Collier County landscape provides us, I am sure you will continue to make progress. It has been a pleasure serving with you. I encourage you all to press forward with the NRPA program. Do not allow the constant distractions from diverting you in this challenge, and do not forget the image of the County as one whole unit- like the satellite image that should be hanging on all of our office walls. But, also, be pragmatic. We cannot go back in time, yet we can make the • best of the special places remaining in the County and the growing concern of the public over these places' declines. Expend your energies where they they can be most effective and where you can be most efficient. Finally, prevail upon our commissioners to restore a balance of environmental representation on EPTAB. Perhaps now would be the time to encourage the County to pare EPTAB's membership back to 9, if not 7 as originally designed. Our occasional gridlock very likely resulted from our large number. While my new responsibilities will take me away from the County for e\-tended periods, do not hesitate to call on me if I can be of assistance to you. Thank you. ti�`J045 r1 Ne.! JUN 2 8 1994 Pg. C 3584 EXCHANGE AVE . SUITE A.NAPLES. FL 33942 813-643.2404 813-6•::-:-52 FAX 813-643-5173 o .v'L<3_ . '_S DAVID S WVKISON t ,JAMES N w .KISQN L S r ti 1 -mss srti , .�.. f ' ! rte. '. �.• f ! i.. •:,1.Y'�x•Y .,--_1.-• h • . ' •'`0. --Q...-4--,wi V w 4, Vs-. �` ;# .. T• -i -., 1 •fes-. ••;..K..,-.'` . t _` +. t - 4tri 7 �'t.�� + �• �.Y{ � ;j� �. l i• ` � --.= ' it • ;,,-,41:711-.4..N..., ' .i , % � �A �11 � ,',....,....1:3!---•-••;: • • ♦• -Distribution ' '•,yra,.)kr1-,! r Atiit.y •f 1" • v� . • t ��/: x .kr } 1. _- , ' 55....... 'i;:.: .:r .t • t •.•... 'teai". .- v+ 'e- O. . . , -.=.'tY J5r'• ' -j( Z , Page t 1l• : 1• ,. .-; -,t..,-,.. .. a :„ •a`: • • - .A�- � ''�* �'• /tom Y' --'x4 , .'• • • • What Collier County will be to a generation is in your hands today..aThus, each of you needs • to define and articulate a publiclyts�ed vision of what'that •Collier can and should be in order`. `: • • . to guide your.week-to-week•decisions aSometimes I�fed that this publicly articulated vision .4 lacking in ell et-Couaty a(T c o eef-eek:die Comprebanvve Plan meets_this need.;It is too4-;..!......--;- • large, complex, x► arg procedural to perform.this role.) . Yet none of us can govern or lead' if -:-.-z...„ •.we do not have such a:touchstone_to-fr. chp • -n connsfantly etr. `' •Me or .;,.-1‘,"dodo '. -.-• . �-d-? - etian"whea'rlietoric �emotio " -- --:".Cali,".?“„ 'et-„�. r - , =flak k•-:. ria-:7•.•-•:t- ;,• e• .,Me °sT,” :,:,-_ . ,a -`°1` statistics,.aad:p�� me.arr. • ., • _e .ou,both ' ILAa ally and-fomttyz to-�vwrk i-< • � together to pr-1-'!1'41,...-- oa�vi��d�ea�• ee pu-bhc-with on of • •at•o i =Coua •an and should d be°a generation ; j- ..- �+�+.y. ��orn ow . -.fib jV �,^ '. ' � :^ _ 44,4„,...0.„ ' - tom'►,s Fes_• • '� -4"$ti .- 7141.0"e-YJ S. •y }...1 y41i_ .1 . yd r 2,... c- ..�.. -4 s.. ? �i �i4. - -,4-I - .;s:7 Y: ? 2 v eK-sjiFk);+W c:4'.; ,»1t.. ?•"..;..,.1I� r..itr a.•k :a ,!. q<L,. . c - s One I.; : O11ght �wi •*C•• : cSngA [? 11�,tS d r vironmentall 4 ,.1 .• CJe 1 S c, is no-one wno has more strongly epresented e n-a:ts-and needs of. roperty.ownera_rm ."•V- •1 v+i;.+t=ns‹,a-s,..-•sx--r o p J� Q =i^-_� •• :.. I. i feel°as,Vstrongty--aabout:tat y. wa},s, ave Yetyn;pr tteCtinVrVbglandowners '•..ghts s•• - . �� .4r-v ear .":..,".,r.}. �. --A. . s,� : • -_ •,....„..4 �. '• •anted?:.'V'. ng h, eels cimusts° Spore-protecting our atival limen gel both 3 orsourp 1 A_ownaquallty-iofrlifeand= or�that�ot-our,�chilarea a,cbildren The:k is'insunn_-2.__:_. s: .Ow-,7 f ;_�1` ••a ofiany rotection, ether tis abw utrly, essen or` only. zonary, • � 1s ' k ' ••me.byyall ofAhose,!wholbenefit,:not-sim the;last eople•who have not yet:d r _ • P eveloped.theu y i. Z•�!e''rr .e�`ts::-`. . a!b r al"... ¢. ..••k- 'N.Z.-•-17=.1C-10. f••••'ScC++r' ;+' -•..-�,„ 1and. To.do otherwise-sends•a,,terrible',message:,'3develo or alter•• our land ase c `as = iv , `,L. ....-.----,?---;.-..,;--•).5-.--.-1/4,..‘7.-va8p= ry --- y _ t:� 'r possible or:one'd�y,you-will not beblt ' `sad rll.t errebyy have lost the-es noetic•value F. %.....--t;•-•‘,0K.:: sr.4• .dr'4. ,- -c.:ate. r DbN �' 'pit 3°k-• Wert Jam. X•.�,'.•---4-` -. - .�e*s. 43.. .y�sou-:nnow�h0a�v�e.- �W.O.hilo-fregulationgmay 0b�e� the• most liticallyt palatable}w�ay_.arrto:, eve . . 4-...,7,q."-- - •\Ii}:.environmental i1 onme tat!ob RrY V ~.rt"� 4•• . f rthan not `•• rs 1 "j11. ,• .'/r.0 i y'4,0 tal'1ua-.•'�A J•. ••..4 - J es _iss,more often: the-least equitable• Environmental A . is equally as:•ublic`a as a` ool, not ask`.those where t oI o-,T- ••a __ ,��. eq y �P good � roadad'or.schoo �We•-do ems' of ool �� :. as..�t , A' r; a.: •f �,r t -` Y -'liMe40it :- 'J,... `io•44. ..• .` 70r. s •-r ��, a to be built,to bear,the`full.cost•of.these=public goods.$*The same'sbould t e- `eu t•he •' >�' ti '.*7.7-•. ' -r ;•r.. r_ -•:e....t>_,r--/--4.•-•••`"i k-•.a ,." .."-,--P:. rte•.��tar:'•.'-1=r--,fir_ 'i. '.' • . ,. envronmental values to:be pro es of the' pose beyonthe bouadari aad;n.giiestion. .-.:=..„-,„, ,.+,........,,÷.-..,.*, N.my* r. •i«. f fs ., +�'�d F.,.1.1 d's.i -t' + tfRr 7.46t�►s.i-a• c - - .XT.-jj_ .Wt�v�t'it ir- F s: ?0-:..- tis M`T >~1*-- ..{�r.-.k.,4i '�"t,,,, 1 ..... J- -, mss -'`-` In closin I-would like to express m - ��i ��• ;;; .1 g, •� y;;best�w�shGs.toyou as a Commimon_,Y_You have i-difficult �-a�-3 Nand often thankless • T - �=-� task.�=To paraphrase�Abiaham•Lincoln. You can please same of the p kV' ` . .-4:.,:+?-:-some of the time some of the people-all-of the time,but never all of the peopleall of the time g.'Y t:_; No one knows this better than you: WhileT •._ with your ions V,- - , • maysometimes`disagreey �deci.szons,I am,�r, , • '- 'grateful that-each of you has made the commitment to serve the public as you have '!i . . !;. F - •F •s• ? 'Syr"'-''4%-•8--• 1 • Best regards. •• _ •• • • ,.-..,r,. z. -' ,; > rely, � � - Z , (7-Si; • ..47.,G • ZA---- . , David B. Land Copy: EPTAB Commissioner Bettye Matthews Commissioner John C.Norris AGE— •,e„ 1 - Commissioner Burt Saunders No. / Commissioner Michael J. Volpe JUN 28 1994 Pg. ay NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: Environmental Policy Technical Advisory Board Members (EPTAB) FROM: Kevin H. Du r. Environmental Specialist DATE: 16-June-1994 SUBJECT: Manatee Protection Plan Enclosed is the final version of the Proposed Manatee Protection Plan (MPP) . This final version will be presented to the Board of County Commissioners on June 28 , 1994 . The Draft presented to the EPTAB in March is essentially the same document. Comments received from yourselves and other reviewing agencies have been assimilated into the present document. The only major change to the earlier draft is the addition of the Marina Siting Criteria (Section 3 . 2 . 3) and the Recommendation and Implementation Section (4 . 0) . Please review the MPP and in particular sections 3 . 0 and 4 . 0 for comments and BCC recommendations. The discussion of the MPP has been added to the Agenda for the June 27 , 1994 , meeting. If you have any questions concerning the Plan, please call me at 732-2505 . NOTE : MPP discussion was taken off the Agenda for June 23 , 1994 . MPP will be discussed by the BCC sometime in mid-July , 1994 . ��a; .�.." CL • : 1 J JJ l-�( j b Jun 16 94 9 : 49 No:012r`P 02 • NtEMORAN1) UM TO: Environmental Policy Technical Advisory I;pard Members (EPTA U) FROM: Dorothea 7.y\ku, Chairperson DATE: June 16, 1994 SUBJECT: Manmitve Protect inn Plan • At our last meeting, Betty Mathews expressed her personal desire to sec EPTAti provide more recommendations and information regarding environmental issues coining before the Board of County Commissioners (I.;(XC). We have an opportunity to fulfill this request by providing input for liOCC consideration on the current Manatee Protection Plan w be presented to the BOCC on June 2f;, K)94, A copy of the Plan is enclosed along with a memo from Bill I.orenz. The Executive Summary for the Plan will Mate, in part, that EJ'TAIU will meet on June 27 and EPTAB comments on the Plan will be provided for 13OCC consideration. Bill will forward a copy of the Executive Summary when completed early next week. Please be prepared to discuss and take action on the Plan at our June 271h meeting. Thanks. • • Mr. Dave Addison Gary K. Wilson Stewart Swanson The Conservancy 2037 Laguna Way Agriculture Department 1450 Merrihue Dr. Naples, FL 33963 Naples, Florida 33942 Gary Beardsley Terry Tragesser Emma Ross Tropical Environmental SW Fla Land Preservation Trust Naples Daily News Consultants P. O. Box 2721 1075 Central Avenue 2396 13th St. , N. Naples, Fla. 33939 Naples, Florida 33940 Naples, Florida 33940 Stephen A. Means, P.E. Fran Stallings Wilson, Miller, Barton & Mrs. Betty Gulasik Florida Wildlife Federation Peek, Inc. 9615 Berkshire St. 5051 Castello Dr. , STE 228 3200 Bailey Ln Naples, Fla. 33942 Naples, FL 33940 Naples, Florida 33942 Pat Carroll Dorothea P. Zysko Mr. Tony Polizos 118 Debron Drive 6654-A Tannin Lane Collier Soil and Water Naples, FL 33962 Naples, Florida 33942 Conservation District 14700 Immokalee Road Naples, FL 33964 **NOTE** Mr. Robert L. Duane Hole, Montes & Assoc. , Inc. Virginia B. Corkran, P.A. , GRI * EPTAB MEMBERS IN BOLD - 715 Tenth Street South 283 Broad Avenue South RECEIVE MINUTES & AGENDA Naples, Florida 33939 Naples, Fla. 33940 **OTHERS ON LIST RECEIVE AGENDA ONLY Ms. Nancy Payton Ms. Chris Straton 2069 River Reach Dr. , #414 1441 Gulf Coast Dr. Naples, Fla. 33940 Naples, Fla. 33963 Mr. Jim Olsen Derek Hodgin 801 Laurel Oak Dr. 1220 11th Street North Suite 500 Naples, FL 33940 Naples, Fla. 33963 Mr. Joe Townsend 4530 North U.S. 41, Suite 3 Jack Baxter Naples, Fla. 33940 930 Heron Court Marco Island, FL 33937 David Weigel Assistant County Atty. Charles F. Ray 85 Ridge Drive Naples, FL 33963 Ms. Sue Filson Board of County Commissioners ,ME'1ORANDL'M To: EPTAB Members From: Derek Hodgin Re: Summary' of June 20, 1994 Workplan Subcommittee Meeting Date: June 22, 1994 Subcommittee Members: Derek Hodgin Nancy Payton Gary Beardsley Additional Attendees: Bill Lorenz Dorothea Zysko Steve Means Items Discussed: Considerable discussion was given by all in attendance to forming subcommittees to review specific areas in need of EPTAB involvement. After much discussion, it was decided that subcommittees may provide an effective means of accomplishing specific EPTAB tasks. Howetier, it seemed to be generally agreed that 1) the size of the EPTAB board would limit the number of functioning subcommittees that could be formed, and 2) too many subcommittees would reduce effectiveness. The meeting then turned to discussions of current and upcoming EPTAB tasks. The following EPTAB tasks were considered to warrant the formation of a standing subcommittee. 1. Growth Management Plan Bill Lorenz discussed the need for EPTAB involvement with the upcoming Growth Management Plan (GMP) amendment cycle. Dunne the amendment cycle every element of the GMP will be reviewed and recommendations made for revisions as needed. Everyone in attendance agreed to the importance of EPTAB's involvement with this process. 2. Natural Resource Protection Area The Natural Resource Protection Area(NRPA) process was reviewed. It was decided that EPTAB should 1) provide input on the Clam Bay NRPA once a draft copy is available for review, and 2) develop conceptual management strategies for future NRPAs. Memorandum EPTAB Workplan Subcommittee Meeting June 22, 1994 Page Two Additionally, Gary Beardsley expressed frustration with the Land Dei elopment Code revision process and asked that EPTAB look into future involvement It was agreed that this is an important process warrants EPTAB involvement if feasible. Summary: A motion was passed to present the following recommendations at the June 27, 1994 EPTAB meeting: a) the formation of two subcommittees: 1) Growth•Management Plan, and 2)NRPA; b) change the name of the "workplan" subcommittee to "steering" subcommittee; and c) to discuss possible EPTAB involvement with the Land Development Code revision process O ppp�/ �p01-'1-44‘ 3301 East Tamiami Trail • Naples, Florida 33962-4977 • 0:;r1,. y John C. Norris (813) 774-8097 • Fax(813) 774-3602 District 1 Ut•I� Michael J.Volpe District 2 June 29, 1994 t .� L TAL . d� Timothy J. Constantinelitw District 3 Burt L Saunders I]AT1=. District 4 ACTION: Bettye J. Matthews 1 District 5 INFO: Mr. Charles F. Ray 85 Ridge Drive _.._ Naples, FL 33963 Subject: Environmental Policy Technical Advisory Board Dear Mr. Ray: While convened in regular session on June 28 , 1994 , the Board of County Commissioners voted to appoint you as a regular member on the above-referenced advisory committee. Your term will be determined at your first meeting. 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. 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. 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 bo- . . Very truly yours, Timothy J. Constantine, Chairman Commis-i• er, District 3 TJC: sf cc: Bill Lorenz, Environmental Services Administrator � -/ gyp pp �Q �Q ,..., ,goad'`GG G/C ide e, Chau, C��.1G•/Zeri L��Lf 'Q- v1 3301 East Tamiami Trail • Naples, Florida 33962-4977 w, John C. Norris (813) 774-8097 • Fax(813) 774-3602 q `�� District 1 OVN Michael J.Volpe " �� District 2 l Timothy J.Constantine June 29, 1994 f�f—ff District 3 ' i E: ! �1 Burt L Saunders ACTION: District 4 Bettye J. Matthews District 5 INFO: .�. Mr. Jack Baxter 930 Heron Court FILE: Marco Island, FL 33937 Subject: Environmental Policy Technical Advisory Board Dear Mr. Baxter: While convened in regular session on June 28, 1994, the Board of County Commissioners voted to appoint you as a regular member on the above-referenced advisory committee. Your term will be determined at your first meeting. 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. 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. On behalf of the Board of County Commissioners, I wish to extend our appreciation to you for your willingness to,„,sexe the residents of Collier County as a member of this advisory board. Very ruly yours, Ti oth; J. Constantine, Chairman C. mi=sioner, District 3 TJC: sf cc: Bill Lorenz, Environmental Services Administrator e_Wcza `CG oil ciGGGeI�` Faa,/L 3301 East Tamiami Trail • Naples, Florida 33962-4977 John C. Norris (813) 774-8097 • Fax(813) 774-3602 on °;S'� District 1 OUN Michael J.Volpe District 2 Timothy J. Constantine June 29, 1994 ENVJbENIAL SERVICES 'M District 3 sill DATE: Burt L. Saunders District 4 ACTION: Bettye J. Matthews District 5 INFO: Mr. Gary K. Wilson _._. — 2037 Laguna Way ^�� y Ar Naples, FL 33963 .__ �-�w ----- Subject: Environmental Policy Technical Advisory Board Dear Mr. Wilson: While convened in regular session on June 28, 1994 , the Board of County Commissioners voted to appoint you as a regular member on the above-referenced advisory committee. Your term will be determined at your first meeting. 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. 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. On behalf of the Board of County Commissioners, I wish to extend our appreciation to you for your willingness to se- 7e the residents of Collier County as a member of this advisory rd. Very tr y yours, Timot y . Constantine, Chairman Commi.-s.oner, District 3 TJC:sf cc: Bill Lorenz, Environmental Services Administrator L ,J�3GzCl.1'`do/g-G&P C�at1�/L� C�cL�.1.1G�/T.&-1 �'oL,,,rn/e 3301 East Tamiami Trail • Naples, Florida 33962-4977 :• � John C. Norris (813) 774-8097 • Fax(813) 774-3602 04 District 1 QU$- Michael J.Volpe _ -_._—__.._.__.�_.—.�..._. District 2 - E ttVEROt€niETIA. SERVICES ti `UTIiiG Timothy J. Constantine June 29, 1994 /�� District 3 DATE: / Burt L Saunders District 4 ACTION: Bettye J. Matthews i District 5 f- i 9 I Mr. Christopher D. Hagan 1302 Derbyshire Court, C-101L''-'1_._17,=....--- Naples .__r: ��_ Naples, FL 33999 '--- �LL.M." I Subject: Environtal Policy Technical Advisory Board Dear Mr. H an: if While convened n regular session on June 28, 1994, the Board of County Commissioners regretfully accepted your resignation and 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 en vors. Very t my yours, Timot.y J. Constantine, Chairman Commi- ioner, District 3 TJC:sf Enclosure cc: Bill Lorenz, Environmental Services Administrator CZ _ k CMla0 time 111 4:4 I= ›, '= A4 In Ai.. fat . ...., = E 0N o Efts ., tr, tz: 7:1 tkN Wra = 1u t S 571.223 .r too '� 0 R+ E o '4114 ;10 A . . E Cf� ppoLLt� Foar, WGo/%Gtru?/.1Gt/Z Pi 3301 East Tamiami Trail • Naples, Florida 33962-4977 John C. Norris (813) 774-8097 • Fax(813) 774-3602 District 1 °UNC Michael J.Volpe ---�pp ,�- -•_..__ �, _[7r_. District 2 NVIRif.Y SI i`'3Jit SERVICES 'sb 9ie'.LI Timothy J.Constantine June 29, 1994 DATE: District 3 Burt L Saunders ACTION: District 4 Bettye J. Matthews District 5 INFO: Mr. Michael A. Davis Fis E: 3661 Merchantile Avenue Naples, FL 33942 Subject: Enviro ental Policy Technical Advisory Board Dear Mr.. Da s://1 While c6 vened iinregular session on June 28, 1994, the Board of County Commissioners regretfully accepted your resignation and 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 ende. •rs. Very tru yours, • f/l Timot k . Constantine, Chairman Commis_ oner, District 3 TJC:sf Enclosure cc: Bill Lorenz, Environmental Services Administrator 0 tts 44 0 q4-0tzIt o TA ° xis E › = E o 9 t;4.. = >c: tz: .,1 0.4 \. .l 4,4i -t..., ,w. :e A� 4 `It' ' � 14 �i� j . . - _c_-_,) Itt ....i 7 ..., ,_, 4.2# tmi 41.10o 10 4 c tt 4 co tile :me 0 01.6 o °�' oas 4.0 A' A . . Cm) I . 0 ^p pp LrF ,, S C . 3301 East Tamiami Trail • Naples, Florida 33962-4977 ."..V„u John C. Norris (813) 774-8097 • Fax(813) 774-3602 0 4 District 1 Dt7N`C Michael J.Volpe District 2 Timothy J. Constantine June 29, 1994 1.,,,oh ,, .;� � tL S1..¢;VIL v .sr : .Li District 3DArE 7/1 f J/ Burt L Saunders District 4 C ACTION' Bettye J. Matthews District 5 Mr. David B. Land I ---� 601 E. Main Street Immokalee, FL 33934 if'LE' Subject: Envi nmental Policy Technical Advisory Board Dear Mr. nd• `� Whil convened in regular session on June 28 , 1994, the Board of County Commissioners regretfully accepted your resignation and 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 t.uly ours, Timot Constantine, Chairman Yillr Commi-_ oner, District 3 TJC:sf Enclosure cc: Bill Lorenz, Environmental Services Administrator Qk ."'�+14 ;•-> C) 4-0 r a a time ISS cs >, rn o Aa+ SigMe E -- •ri CO p p )......• pj, \\. co 04 g; 414iL 'ty• 4., = ro 12:: -,-1 ,C • 1r -1 V A 1 1 '1—'4... 4-0 4-4 IS1 . 4.) 0 0 4 ...., , i;Z`--''s;' ' (;) = 0 cn t.4 0 . - : al 44 0 cs 44 $„a Ott A w° a in 0,- tt 414 A y co coG o - coE AA o ,1 c�.) `� , w ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: JUNE 27 , 1994 PLACE: COLLIER COUNTY GOVERNMENT COMPLEX, HEALTH AND COMMUNITY SERVICES BUILDING, ROOM 216 TIME: 4 : 00 P.M. I . CALL MEETING TO ORDER II . ROLL CALL III. APPROVAL OF MINUTES - JUNE 13 , 1994 IV. ANNOUNCEMENTS V. OLD BUSINESS a. Christopher Hagan' s letter of concern - North Golden Gate Estates Ad Hoc Committee b. NRPA Discussion c. Workplan Subcommittee d. Manatee Plan VI . NEW BUSINESS VII. PUBLIC COMMENTS VIII. ADJOURNMENT Preserving and enhancing Florida's quality of life since 1966 • HOLE,MONTES&ASSOCIATES,INC. ENGINEERS PLANNERS SURVEYORS June 27, 1994 Ms. Barbara Cacchione Collier County Long Range Planning 2800 North Horseshoe Drive Naples, FL 33942 Re: Clustering Amendment HMA File No. 8200B Dear Barbara: As a follow-up to our meeting last week, I am providing you draft language to be added to the Agricultural/Rural-Mixed Use District to permit clustering in the Rural area and for inclusion into your staff report to the BCC, knowing how busy you are. Also please note, the general consensus of EPTAB is to proceed with the amendment this year. Amendments may be needed to other elements of the Plan, i.e. the Coastal Zone Management Element, to delay taking Natural Resource Protection Areas off the Future Land Use Map until all the plans have been adopted by the BCC. This will expedite the review process by not requiring review of plan amendments by the DCA, which could add 6 months or more to the adoption process. Proposed Language Clustering of dwelling units, on Agriculturally zoned lands, in the Rural Area may be permitted within adopted natural Resource Area Protection Areas (NRPA), pursuant to adoption of a plan approved by the Collier County Board of Commissioners and providing the standards for a Conditional Use in the LDC can be met. NRPA plans shall identify areas where clustering may be appropriate in addition to other applicable standards designed to achieve the goals, objectives and policies of the Coastal Management and Conservation Element. Continued. 715 TENTH STREET SOUTH POST OFFICE BOX 1586 NAPLES.FLORIDA 33939 813-262-4617 FAX 813-262-6528 Page 2 Ms. Barbara Cacchione Clustering Amendment HMA File No. 8200B 6/27/94 Rationale The Growth Management Plan permits 1 dwelling unit on 5 acres, generally without regard to the characteristics of the land. Exceptions include the Special Treatment Overlay, for the Area of Critical State Concern, which affords additional protection to some agriculturally designated lands in the Rural Area. Because many locations presently being considered by County staff and EPTAB for NRPA's are predominantly comprised of wetlands or other sensitive lands, permitting one dwelling unit on 5 acres may not only encourage urban sprawl, it may result in the degradation of natural systems. Conversely, limited opportunities for clustering, pursuant to the Conditional Use criteria of the LDC that are in conformance with plans prepared for NRPA, is a logical alternative to 1 unit on 5 acres to encourage the preservation of natural resources. Furthermore, it is anticipated that the NRPA plans, when adopted by the BCC, can include further guidelines for clustering after a more detailed analysis of existing conditions and the potential capability of NRPA to support clustered densities. Another reason to consider adopting the proposed clustering language in this amendment cycle is that as much as a year may be saved by adopting the amendment this year rather than waiting until next year's amendment cycle. While NRPA plans may not be adopted this year, it is anticipated one or more may be presented to the BCC the following year. Since the LDC must also be amended to implement clustering provisions, should they be adopted by the BCC, several years may ultimately be required to put the clustering program in place. This is why EPTAB is urging the BCC to consider the amendment or amendments to be included in the current cycle and also to revise provisions of the Coastal Zone Management Plan so that NRPA plans need not be adopted as amendments to the Future Land Use Map until after all the plans have been adopted by the BCC. Continued. Page 3 Ms. Barbara Cacchione Clustering Amendment HMA File No. 8200B 6/27/94 In summary, I believe that sufficient opportunities will be afforded the BCC to review the appropriateness of clustering in any NRPA plan, along with safeguards afforded by the Conditional Use process. As you previously noted, the DCA may raise issues pertaining to urban sprawl. I believe that, while this amendment could be filed at a later date when the NRPA are adopted, there are advantages to proceeding now, based on timing considerations, notwithstanding DCA concerns, which may be better addressed after we have their comments. On behalf of the EPTAB, we appreciate your consideration in this matter. Very truly yours, HOLE, MONTES AND ASSOCIATES, INC. I � t Robert L. Duane, A.I.C.P. Planning Director cc: Bill Lorenz RLD:pam tgoa o/ olie t` C��CG/Zi� � Lt�'A 3301 East Tamiami Trail • Naples, Florida 33962-4977 Jenn C. Norris (813) 774-8097 • Fax (81 3) 774-3602 A District 1 OfJ$ Michael J.Volpe District 2 Timothy J. Constantine June 24 , 1994 ENVIRONMENTAL SERVICES MUMS i MS District 3 642 Burt L Saunders DAT 1n District 4 ACTION: Bettye J. Matthews District 5 iNFO: Mr. Gary Beardsley 2396 13th Street, N. Naples, FL 33940 FILE: RE: Environmental Policy Technical Advisory Board Dear Mr. Beardsley: Your term on the above-referenced advisory committee expires on September 30, 1994 . In accordance with the Advisory Board policy, the enclosed press release has been sent to the appropriate news media. We appreciate the time and effort you have put into the activities of this advisory committee and would like to advise you that you are eligible for reappointment. If you wish to be considered for another term, please submit an updated resume and a letter indicating your interest in continuing to serve on the committee to this office before the July 22 , 1994, deadline. If you have any questions regarding this procedure, please do not hesitate to contact me at 774-8097 . Sincerel, Sue Filson, Administrative Assistant Board of County Commissioners /sf Enclosure cc: Bill Lorenz, Environmental Services Administrator @del Eizera, c o� _ 3301 East Tamiami Trail • Naples, Florida 33962-4977 John C. Norris (813) 774-8097 • Fax (813) 774-3602 C1 - =�4 District 1 �isd, OUN Michael Volpe �,�� 1 i,�1�... i�� District 2 ,/I 7�� .._--- Timothy J. Constantine June 24 , 199 District 3 QAjrE.• Burt L Saunders i,CT1ON• District 4 Bettye J. Matthews ___ �•--- District 5 Mr. Derek A. Hodgin 775 Eighth Street, S.E. FILE. Naples, FL 33964 RE: Environmental Policy Technical Advisory Board Dear Mr. Hodgin: Your term on the above-referenced advisory committee expires on September 30, 1994 . In accordance with the Advisory Board policy, the enclosed press release has been sent to the appropriate news media. We appreciate the time and effort you have put into the activities of this advisory committee and would like to advise you that you are eligible for reappointment. If you wish to be considered for another term, please submit an updated resume and a letter indicating your interest in continuing to serve on the committee to this office before the July 22 , 1994, deadline. If you have any questions regarding this procedure, please do not hesitate to contact me at 774-8097. Sincer- 1,' 6-it t Su- Filson, Administrative Assistant Board of County Commissioners /sf Enclosure cc: Bill Lorenz , Environmental Services Administrator N C' u n fV ORDINANCE NO. 91- '.8 -" — ��v12. 20 4., r- 42'�� AN EMERGENCY ORDINANCE AMENDING COLLIER COUNT'S ('n - 0. ,\',ORDINANCE NO. 91-26 ESTABLISHING THE COLLIER " -9 p COUNTY ENVIRONMENTAL POLICY TECHNICAL ADVISOR'I =c =-BOARD BY AMENDING SECTION THREE TO INCREASE Z tc ;�� 4 a - ?IHE NUMBER OF MEMBERS FROM NINE TO ELEVEN m <`MEMBERS; REVISING SECTION FIVE WHICH ESTABLISHES „I:4 , c/THE NUMBER OF MEMBERS FOR A QUORUM; DECLARING AN c.0 EMERGENCY; PROVIDING FOR CONFLICT AND SEVERABILITY �ZOZGLSti= ' AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners on March 12, 1991 adopted Collier County Ordinance No. 91-26 creating a nine (9) member Environmental Policy Technical Advisory Board; and WHEREAS, the Board of County Commissioners on May 28, 1991 determined that the Environmental Policy Technical Advisory Board should be composed of eleven (11) members. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Amendment to Section Three of Collier County Ordinance No. 91-26. Section Three of Collier County Ordinance No. 91-26 is hereby amended to read as follows: SECTION THREE: MEMBERSHIP. A. Nine-f9} Eleven (ll) members of the EPTAB shall be appointed by and serve at the pleasure of the Board. Appointment to the EPTAB shall be by resolution of the Board and shall set forth the date of appointment and the term of office. B. Vacancies on the EPTAB shall be publicized in a publication of general circulation within the County, and vacancy notices shall be posted in the County libraries and County Courthouse. Along with the applicant responses the Board's staff shall provide the Board with a list outlining the qualifications and demographic background of each candidate, including the present members seeking reappointment. C. Members shall be permanent residents and electors of Collier County and should be reputable and active in c- 1 Words underlined are added; words strnek-thretrgh are deleted. community service. D. 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 a botany, ecology, zoology, etc.) , Coastal Processes, Estuarin. 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. E. The initial terms of office of the members of the EPTAB shall be as follows: 1. Three (3) members will serve until September 30, 1992; 2. Three (3) members will serve until September 30, 1993; 3. Pwe-f B} Three (3) members will serve until September 30, 1994; 4. Ane-f}} Two (2) members will serve until September 30, 1995. After the initial term of appointment, each appointment or reappointment shall be for a term of four (4) years. All terms of office shall expire on the 30th day of September. Terms of office shall be limited to two consecutive terms unless waived by the Board by a unanimous vote. A member may be reappointed by the Board for only one (1) successive term and shall apply with other applicants. Terms shall be staggered so that no more than a minority of such members' appointments will expire in any one (1) year. 2 Words underlined are added; words struek-thretigh are deleted. For the full term of the initial appo:;:tments, the twe {2} three (3) members serving until September 30, 1994 and the ene-{}} two (2) members serving until September 30, 1995 shall have demonstrated expertise in Biology (including any of the sub-disciplines such as botany, ecology, zoology, etc.) and/or Wildlife Management. After the expiration of these initial terms of appointment, the vacancies may be filled by members demonstrating expertise in any of the above-mentioned areas related to environmental protection and natural resources management. F.' "Any member of the EPTAB may be removed from office by a"majority vote of the Board. Members shall be automatically removed if they are absent from two consecutive meetings without a satisfactory excuse- or if they are absent from more than one-fourth of the meetings in a given fiscal year. Members shall be deemed absent from a meeting when they are not present during at least 75%-of the meeting. SECTION TWO. Amendment to Section Five of Collier County Ordinance No. 91-26. Section Five of Collier County Ordinance No. 91-26 is hereby amended to read as follows: SECTION FIVE: MEETINGS; QUORUM; RULES OF PROCEDURE. A. Regular meetings of the EPTAB shall be held on the 2nd Wednesday of each month at 9:00 a.m. , or as otherwise determined by EPTAB. in the Commissioner's Meeting Room, 3rd Floor, Building "F", Collier County Government Complex, Naples, Collier County, Florida. Special meetings of the EPTAB may be called by the Chairman or by a majority of the membership. Such meetings may be called subject to public notice to reduce an overloaded agenda or to cons: r a specific topic. B. A simple majority of the appointed members of the EPTAB shall constitute a quorum for the purpose of conducting 3 Words underlined are added; words strnek-threngh are deleted. business. An affirmative vote of f=�e-{5} .ix (6) or more members shall be necessary in order to take official action, regardless of whether fire-{5} six (6) or more members of the EPTAB are present at a meeting. C. The EPTAB shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings and determinations. The EPTAB may establish subcommittees comprised solely of its membership to facilitate its functions. Meetings of the subcommittees shall conform to the same public notice requirements as that of the EPTAB. D. At the regular meetings of the EPTAB, the following shall be the order of. business: - - 1. - Roll Call 2. Approval of the Minutes of Previous Meeting 3. Old Business 4. New Business - -5. -Public Comments 6. Adjournment Items shall come before the EPTAB as scheduled on the printed agenda unless a specific request arises which justifies deviation by the EPTAB. SECTION THREE. Conflict and Severability. In the even this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR. Declaration of Emergency. This Board does hereby declare that an emergency exists and that immediate enactment of this ordinance is necessary, and by no 4 Words underlined are added; words struek-threugh are deleted. less than four-fifths (4/5ths) vote of the membership of the £oar. does hereby waive notice of intent to consider this ordinance. SECTION FIVE. Effective Date A certified-copy of this ordinance, as enacted, shall be filed by the Clerk of the Board with the Department of State of the State of Florida, as soon after enactment as is practicable by depositing the same with the postal authorities of the government of the United States for special delivery by registered mail, postage prepaid, to the Florida Department of State. This ordinance shall become effective as provided in Section 125.66(3) , Florida Statutes. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 18th day of June , 1991. . ATTEST: BOARD OF COUNTY COMMISSIONERS JAMES C. GILES, CLERK COLLIER COUNTY, FLORIDA ?7 l •P —. . A �'L ' BY c. PATRICIA ANNE GOODNIGHT" ' Ap owed as ib form and CHAIRMAN %legal sufficiency: Kennet Cu This ordinance filed with the County Attorn y Sec tory of ores Offic f and ockne edgeme •f that • • receiv-• •i-In% day - - Dowry Clerk 5 Words underlined are added; words strnek-threagh are deleted. NATURAL RESOURCES DEPARTMENT POLICIES AND PROCEDURES MANUAL PROCEDURE # 010 PROCEDURE TITLE: PROCESSING OF ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD SUBCOMMITTEE MINUTES, AGENDAS, AND CORRESPONDENCE EFFECTIVE DATE: JUNE 23, 1994 I. SCOPE: The purpose of this procedure is to provide guidelines for processing agendas, minutes, correspondence for the Environmental Policy Technical Advisory Board (EPTAB) Subcommittee. II. PROCEDURE: A. AGENDAS/MATERIALS 1. The Chairman/Environmental Services Administrator will supply the Natural Resources Secretary or her designee with the items for the regular scheduled meetings as soon as the information is available. If special meetings are scheduled, the Chairman/Environmental Services Administrator will supply the required information for the Agenda as soon as information is available. The form of the Agenda shall be that attached. (Attachment A) 2 . Once EPTAB Subcommittee minutes and agenda have been completed send them to EPTAB members and the current list of persons requesting the agenda and minutes. Send the packets out not later than 5 days prior to the next meeting. 3 . Natural Resources Secretary or her designee will be responsible for copying all backup material for EPTAB meetings. Backup material will be distributed at the meetings unless prior arrangements have been made. 4 . All materials distributed at the EPTAB meetings will be placed in the Natural Resources Departments (NRD) files. Also, if any material is sent out to the EPTAB members make sure to write on the document "Sent to EPTAB & Date: " . So we can track what has been sent to the members. 5. If documents have been faxed to NRD from an EPTAB member, it will need to be logged on the mailing log form, copies need to be made for all EPTAB members, and a copy needs to be placed in NRD's files. B. MEETING ROOMS/TIME 1. NRD Secretary or her designee will be responsible for securing a room for meeting and notifying all EPTAB members of time and place. Preferred locations are the Class Room in the Health and Community Services Building (2nd floor) , by calling Human Resources at ext. 8460 or Conference Room C or Room B (3rd floor) , by scheduling on the All-In-One. 2 . Standing meeting time has been established by EPTAB vote for 4 : 00 p.m. twice a month on the second and fourth Monday's. C. PUBLIC NOTICE 1. NRD Secretary or her designee will send a news release in the form of (Attachment B) of all EPTAB meetings as well as all EPTAB sub-committee meetings to the Collier County Public Affairs Coordinator for distribution to local news media (if time permits) and posting of notices in Building F. E-mail the news release to Diane Brubaker, Pat Cookson, Bill Lorenz, Jane Lang, Sue Filson, and copy to NRD's file. 2 . Each sub-committee chairman will notify the NRD Secretary or her designee of all sub-committee meetings including date, time and place at least three (3) days before the meeting. D. MINUTES 1. EPTAB meetings (including sub-committee meetings) will be taped by Environmental Services Division staff. 2 . All motion voted on shall be stated in the minutes with the vote count identifying who voted for/against the motion. 3 . Environmental Services Division will be responsible for supplying the members with a brief summary of the meeting in (Attachment C) Format. Detailed minutes will not be supplied, however, copies of all tapes are available to any EPTAB member. 4 . Once the minutes have been approved by EPTAB the approval date needs to be placed at the top on the minutes and a copy placed in NRD' s file, a copy sent to Bill Lorenz and Pat Cookson. 4 . NRD Secretary or her designee will mail the summary of the meetings to the EPTAB members. 5 . The meeting tapes shall be sent to the Clerk to the Board/Minutes & Records within 2 weeks after the meeting. E. CORRESPONDENCE 1. All correspondence to EPTAB members will be copied by the NRD Secretary or her designee and distributed at EPTAB meetings. F. ENABLING ORDINANCE/RESOLUTIONS 1. On March 12 , 1991 the BCC approved 91-26 (Attachment D) establishing the EPTAB with 9 members. 2 . On June 18 , 1991, the BCC approved Ordinance 91-48 (Attachment E) amending Ordinance 91-26 providing that the EPTAB shall consist of 11 members. 3 . On May 28 , 1991 the BCC adopted Resolution No. 91-433 (Attachment F) appointing the eleven (11) members to the EPTAB. 4 . On September 3 , 1991, the BCC adopted Resolution No. 91-632 (Attachment G) approving the terms of office for EPTAB members. G. MAILING LIST OF MEMBERS 1. Attached is the current mailing list of EPTAB members. (Attachment H) H. EPTAB SUBCOMMITTEES 1. EPTAB may create subcommittees either on an ad-hoc basis or as standing committees. A staff coordinator shall be assigned to each committee. 2 . All Subcommittee meetings shall be taped by the Staff coordinator. Minutes of EPTAB Subcommittee meetings (when generated by the Chairperson) and agendas shall be sent to all EPTAB members. Public notices shall be sent according to standard procedures with copies to all EPTAB members. The Natural Resources Secretary shall be responsible for public notices. 3 . EPTAB currently has the following subcommittee: (a) The Work Plan Subcommittee was formed on June 13 , 1994 and consists of three members: Gary Beardsley, Tropical Environmental Consultants (813) 263-0077, Derek Hodgin, Chairperson, 1220 11th Street N. , (813) 434-9300, Nancy Payton, 2069 River Reach Drive, 9813) 434-7406. Bill Lorenz, Staff Coordinator, Environmental Services Administrator, (813) 732-2505 . WL: jl\6762 JUN-22-94 WED 20 :07 P. 01 --- _ e 4 ?„,,„____,, , . IIIINIIIII fill 1111111111111 fllfttiltltlttIUllHIE TOPIC OF FUII/OfCUMFNT: _ i iffiSiZow Poir•Arlt' Z ./AA* TIME :NT: 4.01)30 Ors. RM Number et pages Famed .......-.m...w..,............. fi erIMPP � E1I ER:11 Gary L Beardsley tiji , u,i)1 bhe in /341,11-., . 4. I l 7"de 0 A3 PS millit MI . 7 7•1 fl ' 4e 4wardor h4nIoS2mw4I . , 5 li). / M ' 'w,d4 1 i r Zish f � f i ( *Note-Please contact us bg phone (613-263 -0077) if Ha 11011 tronstrnission is not complete or prnperlq received, MEMORANDUM To: EPTAB Members From: Derek Hodgin Re: Summary of June 20, 1994 Workplan Subcommittee Meeting Date: June 22, 1994 Subcommittee Members: Derek Hodgin Nancy Payton Gary Beardsley Additional Attendees: Bill Lorenz Dorothea Zysko Steve Means Items Discussed: Considerable discussion was given by all in attendance to forming subcommittees to review specific areas in need of EPTAB involvement. After much discussion, it was decided that subcommittees may provide an effective means of accomplishing specific EPTAB tasks. However, it seemed to be generally agreed that 1)the size of the EPTAB board would limit the number of functioning subcommittees that could be formed, and 2) too many subcommittees would reduce effectiveness. The meeting then turned to discussions of current and upcoming EPTAB tasks. The following EPTAB tasks were considered to warrant the formation of a standing subcommittee: 1. Growth Management Plan Bill Lorenz discussed the need for EPTAB involvement with the upcoming Growth Management Plan(GMP) amendment cycle. During the amendment cycle every element of the GMP will be reviewed and recommendations made for revisions as needed. Everyone in attendance agreed to the importance of EPTAB's involvement with this process. 2. Natural Resource Protection Area The Natural Resource Protection Area(NRPA) process was reviewed. It was decided that EPTAB should 1) provide input on the Clam Bay NRPA once a draft copy is available for review, and 2)develop conceptual management strategies for future NRPAs. r _ Memorandum EPTAB Workplan Subcommittee Meeting June 22, 1994 Page Two Additionally, Gary Beardsley expressed frustration with the Land Development Code revision process and asked that EPTAB look into future involvement. It was agreed that this is an important process warrants EPTAB involvement if feasible. Summary: A motion was passed to present the following recommendations at the June 27, 1994 EPTAB meeting: a)the formation of two subcommittees: 1) Growth Management Plan, and 2)NRPA; b)change the name of the "workplan" subcommittee to "steering" subcommittee; and c)to discuss possible EPTAB involvement with the Land Development Code revision process. P-- --� tete: istAt. /I/ gioiTAB 4-71-617 5 'Lge,7L zo 4erfico Christine D. Straton c e 1ii� 1 fi elep06hEd13`S9ft.845 l l f`al SATE: a 8 3 597-7127 • 1441 Gulf Coast Drive ►' /e, Naples,Florida 33963 ACT ION: June 20, 1994 ! __•______ --� Mr. William Lorenz 3301 E. Tamiami Trail ------ Naples, Florida 33962 Fid-: Dear Bill: RE: Manatee Protection Plan Nancy Payton has asked me to send you the correspondence from the Collier County Audubon Society regarding our comments on the Manatee Protection Plan. In addition to our letter to Carol Knox, I have included her reply. At Nancy Payton's request, please send a copy of the entire enclosed package to the EPTAB committee. Since ly yours, Chris traton % tP QtIDtJBOU • � � t May 20, 1994 Ms. Carol Knox Department of Environmental Protection 3900 Commonwealth Boulevard Tallahassee, Florida 32399 Dear Ms. Knox: RE: Collier County Manatee Protection Plan On behalf of the Board of Directors and our 1300 members, we would urge the State of Florida and Collier County to expeditiously finalize a Manatee Protection Plan. We would recommend that a formal workshop be scheduled whereby all interested parties would meet, discuss alternatives and develop an acceptable plan. We would suggest that the manatee protection plan for Collier County address the following items: 1. Insure that the plan can and will be enforced. In fact, enforcement of existing idle and slow speeds would go a long ways towards improving the safety of boats, boaters and manatee. 2. Establish a meaningful marina siting policy. Rather than allow marinas to be approved on an ad-hoc basis, there is the need to confirm which areas will be acceptable and which will not be acceptable. For example, all areas zoned for marinas would be automatically acceptable; subject to applicable permit requirements. Develop criteria for marina siting. Determine which areas will be automatically unacceptable, e.g., shallow areas, residential communities, etc. Determine potentially acceptable areas. Establish zoning requirements for new marinas. 3. Improve marking of channels and seagrass beds. 4. Consider the establishment of a manatee preserve in the 10,000 Islands. 5. Establish a cost efficient monitoring system which will help analyze the effectiveness of the plan. Please keep us informed on this project. If we can be of any further assistance, please call me. Sincerely yours, / ' im McGinity President cc: Board of Collier County Commissioners Save the Manatee Club Bill Lorenz, Administrator of Environmental Services Emma Ross, Naples Daily News AA. Me v1P/t ua t:an al 91dd. ';.,c, ,Xea?4 aiul t/tUtuaul gedOW/.CeB Florida Department of `afr: Environmental Protection jam -tf-i ` • 4: • Marjory Stoneman Douglas Building I.aaton Chiles 3900 Commonwealth Boulevard \'irginiu R. A."ethe r'II Governor Tallahassee, Florida 32399-3000 Se(retars May 31, 1994 Mr. Jim McGinity Collier County Audubon Society P.O. Box 797 Naples, Florida 33939 Dear Mr. McGinity: Thank you for your letter regarding the development of the Collier County Manatee Protection Plan (MPP) . We appreciate your concern and support for manatee protection. The items you suggest for inclusion in the MPP are many of the same ones that we require in a completed plan. We will continue to work with the county in developing a plan that will provide adequate long-term protection for manatees in the Collier County waters. We provided extensive comments on the December 6, 1993 draft of the county MPP. We expect to receive another draft soon and are hopeful that it will be more complete. We recently sent a letter to the chair of the County Commission that we will include for your information. We are amenable to your suggestion to hold a workshop of all interested parties. In several other counties, committees have been formed to provide input, help resolve difficult issues and develop a well balanced appropriate plan. Committees allow for participation and education but sometimes require a greater time allocation. In any case, we are available to discuss various options. Thank you for your interest and input. We look forward to working with you and all your members in the future. Sincerely, D ,ISION 0if MApNE RESOURCES Carol A. Knox Environmental Specialist II Protected Species Management CAK/ck Prins,d nn re vrird pal•rr. Florida Department of • 0...1 Environmental Protection 1,*-,-. 1,- ".0....t I\1a1'.I(Ir) Stoneman an I)(,ugla, Building I.:n.1 u: �.hil�• :3 00 Commonwealth I`,ulll('''.11'(I \irginia H. \\ril:rrrll (; %i'rm:r Tallahassee, Florida 32399-3000 tr:•ri•I:: , May 24 , 1994 Honorable Timothy J. Constantine Chairman, Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 33962 Dear Commissioner Constantine: This letter is to update you and the other commissioners on the . status of the Florida Department of Environmental Protection' s (FDEP) manatee protection efforts in Collier County, which have been acheived in cooperation with the county. We will provide some background information on these efforts, Collier County' s accomplishments to date and the FDEP' s efforts in providing assistance to county staff. The initiative for this effort ultimately comes from the "Florida Manatee Recovery Plan" that was compiled by the U. S. Fish and Wildlife Service in cooperation with various state and federal agencies and representatives of boating interests, environmental groups and other private industries (copy enclosed) . In earlier correspondence with the county we described FDEP' s role in accomplishing the goals of the recovery plan. A copy is enclosed for your information. On October 24 , 1989 , the Governor and Cabinet adopted the "Recommendations to Improve Boating Safety and Manatee Protection for Florida Waterways" (copy enclosed) . These recommendations directed staff to work with thirteen "key" counties to implement protective measures for manatees. The first initiative was to adopt vessel speed zone rules in cooperation with the 13 counties, and this has been accomplished in eleven of these counties. The next initiative is to follow with the more comprehensive MPPs. FDEP, in cooperation with Collier County, passed county-wide speed zones for manatee protection in August 1990. These are included in the Florida Manatee Sanctuary Act, Chapter 16N-22 , Florida Administrative Code (copy enclosed) . Speed zones were established as early as 1983 in the Faka Union Canal to protect the large numbers of manatees using those waters. The development of a comprehensive MPP for Collier County is the next step in guaranteeing long-term survival of the endangered manatee in Collier County waters . Commissioner Timothy J. Constantine May 24 , 1994 Page 2 The MPP, when complete, should be a very comprehensive document that includes information about manatee distribution and mortality in the county, boat activity patterns and facility use, manatee habitat locations, existing speed zones and education. It should provide for habitat protection and restoration, assess the adequacy of existing speed zones and recommend modifications if needed, contain a boat facility siting plan, land acquisition recommendations and implement an education program. FDEP reviewed an early draft of the county' s MPP in August, 1991. A second draft was reviewed in November of the same year (correspondence enclosed for both drafts) . After that time several personnel changes in the county occurred that delayed further development of the MPP. In spring of 1992 a new director was chosen and we met with him to assess the status of plan development. The need for a county-wide boat study was identified and initiated. FDEP provided some funding for this study, which began in November, 1992 and ended in October, 1993 . The final boat study report was completed and distributed in April, 1994 . Since the spring meeting with the new Director of the Collier County Natural Resources Department, we have provided the county staff with various materials to assist in MPP development: -maps depicting manatee distribution in Collier County; -maps of manatee mortality distribution and causes in the county; -manatee mortality data describing location of carcass recovery and necropsy results; -the "Boat Facility Siting Guide" developed by our Office of Protected Species Management (OPSM) (copy enclosed) ; -manatee habitat information; -copies of the Citrus County MPP, the only department approved MPP; -information on grants for educational projects; -organized quarterly meetings involving local, state and federal staff associated with environmental management and permitting, to discuss MPP related issues ; -applied for and received grant funds ($33 , 500) for a channel marking improvement project for high use boat corridors in the county (includes an educational brochure) ; and -provided additional guidance through site visits, regular telephone conversations with staff and other information as requested by staff . A third draft MPP for Collier County was provided to FDEP in December, 1993 (correspondence enclosed) . We provided extensive comments to staff identifying the aspects of the plan that would need further development before the draft would be considered complete. We understand that the county staff have held public workshops to collect public input on the MPP. • Commissioner Timothy J. Constantine May 24 , 1994 Page 3 We have not reviewed the version of the MPP draft that was discussed at these workshops. The following components continue to be underdeveloped or lacking in the three drafts that we have reviewed: a site specific boat facility siting element; an implementation section; maps of appropriate scale depicting existing and proposed speed zones; and maps of other types of management and resource information. The final MPP will require coordination among several of the county' s divisions, and, therefore, we recommend that a coordinator be identified for this project. We made this recommendation in earlier correspondence and believe that the time has come for this type of approach. The Natural Resources Department has worked persistently on this project, but without the assistance of other county Divisions it will be difficult to complete this plan. On a statewide basis Collier County ranks second in the number of manatees that have been killed by watercraft and third in total manatee mortality. Collier County continues to be a high priority for the development of long-term comprehensive manatee protection. We are ready to continue to provide assistance to the county in developing a FDEP approved MPP that can be implemented to provide this much needed protection. We are available to meet with you or provide additional information about MPP development, our program and our work in other counties. Please contact myself, Carol Knox or Mary Morris at (904) 922-4330 if you have any questions. Sincerely, DIVISION F MARINE RESOURCE Patrick M. Rose Environmental Administrator Protected Species Management PMR/ck enclosures cc: Mr. W. Neil Dorrill, County Manager Mr. William D. Lorenz , Environmental Services Division FLORIDA WILDLIFE FEDERATION . 1;4:,,,,v/ Southwest Florida Office �� 5051 Castello Drive, Suite 228, Naples, Florida 33940 Phone (813) 843-4111, Fax(813) 643-5130 E.F. (FRAN) STALLINGS, PhD., Director I -� / -, May 4, 1994 To: Interested Parties From: Fran Stallings Subject: Florida Wildlife Federation position on a Manatee Protection Plan for Collier County The Southwest Office of the Florida Wildlife Federation has reviewed the Manatee Protection Plan (MPP)prepared by the Collier County Natural Resources Dept. with primary input from the Collier County Marine Trades Association (CCMTA). One of the outstanding deficiencies in this plan is that it is about 90-95% discretionary. On this basis alone the plan is unacceptable to us and will be unacceptable to the State of Florida. { To be acceptable, whatever plan is formulated must have an implementation strategy and • consist of specific actions that will be taken by County Government to effect a higher level of protection than currently exists. We suggest the following five actions as the basic components for an acceptable Manatee Protection Plan(MPP): (1). Establish a manatee preserve in the Ten Thousand Island area between Goodland and Everglades National Park. The bulk of this area is scheduled to come into public ownership as a result of the land swap now underway between the Collier family and the U. S. Government. Current thinking points toward either a National Wildlife Refuge or that it will become a part of the Rookery Bay National Estuarine Research Reserve. Management goals and policies could logically be focused on the American crocodile, sea turtles, manatees, and on the landward fringe of the mangroves, black bears. This option has been well received by Federal, State and local governmental staff as well as the environmental community. We recommend the establishment of this area as a reserve with the following two conditions: A. That a fourth management goal be included, namely that the area also be managed to enhance the productivity of the local fisheries. K.FULLER,Ill MAIN OFFICE:2545 BLAIRS1 ONE PINES DRIVE President MANLEY ANLEY MA'.'_IN3 A^DRESS-a.0. BOX 6870.TALLAHASSEE,FLORIDA 32314-6870 B. That Public access in a manner compatible with management goals be guaranteed. In fact, the Florida Wildlife Federation will not support the " access is allowed. At this time we are not aware of any responsible environ unless oup or governmental entity that would seek to prohibit public access. Therefore we believe this issue to be irrelavent and that it does not represent a barrier standing in the way of an effective manatee protection plan. (2). Establish a series of idle and slow speed zones in areas of heavy boat traffic frequented by manatees. The current speed proposals go a long way towards meeting this requirement provided that they are made mandatory rather than optional. (3). Establish a meaningful marina siting policy. A scenario that might work is as follows: A. Establish all areas currently zoned for marinas as automatically acceptable for marina construction subject to applicable permitting requirements. B. Many areas of the County are obviously unsuitable for marinas by almost any standard. Set aside these areas as "prohibited" zones for marinas. C. The remaining waterfront would represent a zone where marinas are not allowed under current zoning, but where the potential exists to rezone a particular site for a marina. For this category of waterfront we would suggest an additional level of review similar to that required for an area designated as "Outstanding Florida Waters". In conversations with a member of the CCMTA the representation was made to us that the current rezoning process is sufficiently rigorous along with the various permitting requirements to meet this need. In order to better evaluate this option we would suggest that County staff prepare a detailed justification showing how the rezone process along with the attendant permitting process provides the needed degree ofprotection. (4). Establish a mechanism to insure a much higher level of enforcement of existin regulations, especially those relating to boat speeds. $ (5). Provide better marking of channels and shallow areas containing seagrass in order that boaters may avoid shallow areas where they are likely to run aground and destroy aquatic vegetation. Summary: We have heard the option mentioned of having Collier County enact a MPP that obviously does not meet State standards and then fight it out with the State. This option is almost guaranteed to add at least a year to the process and provide a major impediment to marine interests standing by to construct new or expanded marina facilities. Additionally, this approach is inefficient and will probably add more controversy rather than resolving issues. The goal of the Florida Wildlife Federation is to resolve this matter quickly and efficiently in a way that provides a higher degree of protection to the manatees and that promotes safe and responsible boating. On this basis we recommend that the Collier County Board of Commissioners convene a formal workshop and bring all the players together at the same table so that the issues can be laid out and hopefully resolved (marine interests, environmental organizations, Collier County Natural Resources Dept. staff, Florida Dept. of Environmental Protection staff; and other appropriate groups). Only in this manner can a worthwhile plan be developed in an efficient and expeditions manner that will provide the needed protection and at the same time allow a reasonable and productive use of our coastal waters by commercial and recreational marine interests, Thank you for your consideration of our position. We stand ready to work cooperatively with you on a factual and positive basis to resolve these issues. DRAFT: ,-, // //y4 APPROVED: ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF JUNE 13 , 1994 PRESENT: Derek Hodgin Dorothea Zysko Gary Beardsley Robert Duane Nancy Payton David Addison Notified Absent: Steve Means Christopher Hagan Staff: Bill Lorenz Dick Hartwell David Weigel Bettye Matthews, BCC Public: Fran Stallings Pat Carroll Virginia Corkran Ellen McArdle Emma Ross I. Meeting called to order. II. Roll was called by Dorothea Zysko. Three members were absent at this time and no official business was transacted for lack of a quorum. Gary Beardsley requested that the minutes from the May 23 meeting reflect who was excused from that meeting. The excused members were: Gary Beardsley, David Addison and Christopher Hagan. Robert Duane gave a brief discussion on Clustering and suggested that Long Range Planning could use one more person due to illness within that department. Christopher Hagan's letter of concern was briefly discussed and will be put on EPTAB's next agenda. Robert Duane will draft a follow-up letter on Clustering to the BCC. At this point in time, Derek Hodgin attended the meeting and a quorum was formed to make the meeting official. III. OLD BUSINESS 1. Robert Duane will meet with Barbara Cacchione and see if she would like him to draft guidelines for Clustering. Clustering will be addressed at the July 11, 1994 EPTAB meeting. Page -2- 2 . The three candidates for EPTAB were discussed at length. Gary Wilson was recommended to the Board for EPTAB membership. A motion was made that the other two vacancies be advertised and that the two candidates not selected by the BCC be notified that their applications will be added to the pool of new applications for membership to EPTAB. (They would have the option to continue or withdraw) . This motion carried. 3 . NRPA revisited. Dorothea Zysko requested that this item be carried over until EPTAB had a full membership. Bill Lorenz read the last approved list of proposed NRPAs from the January 10, 1994 EPTAB meeting. The approved list is the following: 1. Ten Thousand Islands 2 . CREW 3 . South Golden Gate Estates 4 . Belle Meade 5. Rookery Bay 6. Gordon River 7 . Clam Pass 8 . Okaloacoochee Slough 9 . North Golden Gate Estates Bill Lorenz stated that at the August 23 , 1994 Board meeting, NRPAs will be discussed as part of the Strategic Planning session. It was agreed that the current list would remain the same and that the 10, 000 Islands will be discussed at the next EPTAB meeting. 4 . Dorothea Zysko asked EPTAB members to hold full board meetings once a month and have subcommittee meetings on the fourth Monday of each month. Motion was approved with the next meeting to be held June 27 . First monthly meeting to begin on July 11. 5. Dorothea Zysko called for EPTAB to develop a workplan. After a lengthy discussion, a subcommittee was formed with the following members: Page -3- Gary Beardsley, Nancy Payton and Derek Hodgin as Chair. Bill Lorenz will represent staff and Dorothea Zysko will attend meetings as an interested person. The first subcommittee meeting will be on June 20 at 4 : 00 p.m. This subcommittee meeting will be listed on the full EPTAB agenda each month. The second meeting will be scheduled at the regular July 25 subcommittee meeting at 4 : 00 p.m. 6. Program budget will be deferred to Workplan Subcommittee. IV. NEW BUSINESS 1. Gary Beardsley requested that EPTAB look at the Sabal Bay project. After a brief discussion, it was agreed that the BCC must first request EPTAB to review Sabal Bay. 2 . Discussion about wildlife definition from EAB. Information should be submitted by EAB Steering Committee to EPTAB. 3 . Brief discussion as to a member or liaison person to represent BCC at monthly EPTAB meetings. Commissioner Matthews felt that this was not a good idea and having someone from the board might suppress conversation among EPTAB members that normally might take place. Commissioner Matthews did offer some ideas that could help her make better decisions on matters relating to the environment. She suggested that EPTAB review environmental issues and include recommendations on Executive Summaries that would help her understand whether there is or is not an environmental policy that would address these various issues. She said she would like more environmental guidelines on issues such as CREW. Commissioner Matthews stated that EPTAB should be looking at issues such as air pollution, noise pollution and site pollution. Bill Lorenz stated that EPTAB also needed to look at the Solid Waste and Storm Water elements in the future. V. APPROVAL OF MINUTES - MAY 9, 1994 . Minutes were approved for May 9, 1994 . VI. PUBLIC COMMENTS There were none. Page -4- VII. ANNOUNCEMENTS Bill Lorenz announced that the DEP Bureau of Survey and Mapping is asking for a proposal to survey Sand Dollar Island as recommended by the Florida Game and Fresh Water Fish Commission. The proposal has been sent out for bids from surveyors. VIII. ADJOURNMENT DH: jl\6739 ENVIRONMENT. 'OLICY TECHNICAL ADVISORY BOARI Mr. Dave Addison The Conservancy Derek Hodgin 1450 Merrihue Dr. 1220 11th Street North Naples, Florida 33942 Naples, Florida 33940 263-0223 Exp - 9/30/95 434-9300 Exp. 9/30/94 FAX 262-5872 FAX 434-6334 Gary Beardsley Tropical Environmental Consultants 2396 13th St. , N. Naples, Florida 33940 263-0077 Exp 9/30/94 FAX 263-0077 Stephen A. Means, P.E. Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane at Airport Rd. Naples, Florida 33942 263-6403 Exp 9/30/97 FAX 643-5716 Ms. Dorothea P. Zysko 6654-A Tannin Lane Naples, Florida 33942 Expires 9/30/97 FAX 643-5716 Cfistopher D. Hagan Johnson Engineering, Inc. Poinciana, Park Suite 216 2460 Golden Gate Parkway Naples, Fl. 33942 '(,� 643-2003 Exp 9/30/95 /61/61 FAX 643-2376 tae / ineN Robert L. Duane, A.I.C.P. "r0 Hole, Montes & Associates, Inc. 715 Tenth St. , S. Naples, Florida 33939 O7wk 262-4617 Exp 9/30/96 / _ _ FAX 262-3074 1r .A Ms. Nancy Payton cc (J° 1" 2069 River Reach Dr. , #414 Naples, Fla. 33942 434-7406 Exp 9/30/96 $1 � NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: Environmental Policy Technical Advisory Board Members (EPTAB) FROM: Kevin H. Duga-rpr. Environmental Specialist DATE: 16-June-1994 SUBJECT: Manatee Protection Plan Enclosed is the final version of the Proposed Manatee Protection Plan (MPP) . This final version will be presented to the Board of County Commissioners on June 28 , 1994 . The Draft presented to the EPTAB in March is essentially the same document. Comments received from yourselves and other reviewing agencies have been assimilated into the present document. The only major change to the earlier draft is the addition of the Marina Siting Criteria (Section 3 . 2 . 3) and the Recommendation and Implementation Section (4 . 0) . Please review the MPP and in particular sections 3 . 0 and 4 . 0 for comments and BCC recommendations. The discussion of the MPP has been added to the Agenda for the June 27 , 1994 , meeting. If you have any questions concerning the Plan, please call me at 732-2505. tJIL"S0 "` L'�ERarlv"" �-- . {. �ki TEL 813-X43-571G ..., tea... t isi-: ``' Jun L 94 9 :49 NoAl2P42 • MEMORANDUM TO: 1?nvironmental Policy 'Technical Advisory Board Members (EV.l'A II) FROM: Dorothea �ytikio, Chairperson DATE: June. 1(;, 1994 ,:_ SUBJECT: Manatee Protcetinn Plan At our last meeting, Betty Mathews expressed her personal desire to sec EPTAI3 provide more recommendations and information regarding environmental issues coming before the Board of. County commissioners (13C)CC). We have an opportunity to fulfill this request. by providing input for MCC consideration on the current Manatee. Protection Plan to be presented to the !MCC on June 28, 1994. A copy of the Plan is enclosed along with a memo from Bill Lorenz. The Executive Summary for the flan will surto, in part, that EPTA13 will meet on June 27 and J3V1'AB comments on the Plan will be provided for BOCC consideration. Bill will forward a copy of the Executive Summary when completed early next week. Please be prepared to discuss and take action on,;' the Plan at our June 27th meeting. Thanks. • R . From the Desk of WIP-TAM D. LORENZ JR., P.E. Administrator, Collis. _ounty Environmental Services 6//5/74 Eir7.-x; 6 FDA_ ✓c =c 1- '`r''`te zJ,�Vc.-t E ) yo .77%. ' c-c- ,-4) "4-i— 7 3 Z — Z �d c� 11 -* /"7s'— 2 /A-- n .1"Li NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: Sue Filson, Administrative�atAssistant FROM: William D. Lorenz Jr. , P. E. , Administrator DATE: June 14 , 1994 SUBJECT: EPTAB Membership Per your May 16, 1994 memo, I have attached a table summarizing the areas of expertise for the following candidates: Charles F. Ray Jack Baxter Gary K. Wilson 85 Ridge Drive 930 Heron Court 2037 Laguna Way Naples FL 33963 Marco Island FL 33963 Naples FL 33963 Please note that Mr. Baxter's experience in Pollution Control is limited to the invention of an oil spill and tracking system and his partnership in an asbestos removal company. Mr. Ray has an extensive career in environmental science and has academic training in aquatic biology (Master Degree in Limnology and Aquatic Biology) . Mr. Wilson is experienced in real property law as related to land use law. I would recommend serious consideration be given to Mr. Ray and Mr. Wilson for membership. On June 13 , 1994, EPTAB passed the following motion 4 for and 2 against. Motion: To recommend that Gary Wilson be nominated by the BCC for EPTAB; Motion: That the other two vacancies be advertised, and that the two candidates not selected by the BCC be notified that their applications will be added to the pool of new applications for membership to EPTAB. (They would have the option to continue or withdraw) . WL: jl\6735 Attachment Ye ° - -�av1�a'es,�c. r�� = terga EXPERIENCE BAXTER RAY WILSON PAST EXPERIENCE AIR QUALITY X BOTANY COASTAL PROCESS ECOLOGY X ESTUARINE PROCESS HAZARDOUS WASTE HYDROGEOLOGY HYDROLOGY X HYDRAULICS POLLUTION CONTROL X SOLID WASTE STORMWATER WATER RESOURCES WILDLIFE MANAGEMENT X ZOOLOGY X LAND-USE LAW X LAND-USE PLANNING X June 14, 1994 11-----ENVIRONMENTAL- SER -!G ROUTING iDATE: i Chairman Timothy J. Constantine District 3 ACTIO ifo — Collier County Board of Commissioners 3301 Tamiami Trail East, Building F Naples, Florida 33962 iNFO: Re: EPTAB Membership - - Dear Chairman Constantine: Please accept this letter as my formal resignation from the Collier, County Environmental Policy Technical Advisory Board (EPTAB). I have recently joined the firm of Johnson Engineering, Inc. and will be managing the Collier County office. This new responsibility is the professional challenge that I have sought since moving to Collier County almost eight years ago. To do this job I have to reduce some of my extra curricular activities. I appreciate the opportunity to serve on this board and found the experience to be very enlightening. I believe that maintaining a good balance on the board after my resignation is important. I would hope that you would make every effort to select a replacement who can represent the interests of the engineering community and private property owners. The board should maintain a respect for the environment without excessive or redundant regulations. Sincerely, Christoph-APen, P.E. cc: Commissioner Burt Saunders Commissioner Michael J. Volpe Commissioner John Norris Commissioner Bettye Mathews Bill Lorenz EPTAB DRAFT: APPROVED: ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MINUTES OF JUNE 13 , 1994 PRESENT: Derek Hodgin Dorothea Zysko Gary Beardsley Robert Duane Nancy Payton David Addison Notified Absent: Steve Means Christopher Hagan Staff: Bill Lorenz Dick Hartwell David Weigel Bettye Matthews, BCC Public: Fran Stallings Pat Carroll Virginia Corkran Ellen McArdle Emma Ross I. Meeting called to order. II. Roll was called by Dorothea Zysko. Three members were absent at this time and no official business was transacted for lack of a quorum. Gary Beardsley requested that the minutes from the May 23 meeting reflect who was excused from that meeting. The excused members were: Gary Beardsley, David Addison and Christopher Hagan. Robert Duane gave a brief discussion on Clustering and suggested that Long Range Planning could use one more person due to illness within that department. Christopher Hagan's letter of concern was briefly discussed and will be put on EPTAB's next agenda. Robert Duane will draft a follow-up letter on Clustering to the BCC. At this point in time, Derek Hodgin attended the meeting and a quorum was formed to make the meeting official. III. OLD BUSINESS 1. Robert Duane will meet with Barbara Cacchione and see if she would like him to draft guidelines for Clustering. Clustering will be addressed at the July 11, 1994 EPTAB meeting. Page -2- 2 . The three candidates for EPTAB were discussed at length. Gary Wilson was recommended to the Board for EPTAB membership. A motion was made that the other two vacancies be advertised and that the two candidates not selected by the BCC be notified that their applications will be added to the pool of new applications for membership to EPTAB. (They would have the option to continue or withdraw) . This motion carried. 3 . NRPA revisited. Dorothea Zysko requested that this item be carried over until EPTAB had a full membership. Bill Lorenz read the last approved list of proposed NRPAs from the January 10, 1994 EPTAB meeting. The approved list is the following: 1. Ten Thousand Islands 2 . CREW 3 . South Golden Gate Estates 4 . Belle Meade 5. Rookery Bay 6. Gordon River 7 . Clam Pass 8 . Okaloacoochee Slough 9 . North Golden Gate Estates Bill Lorenz stated that at the August 23 , 1994 Board meeting, NRPAs will be discussed as part of the Strategic Planning session. It was agreed that the current list would remain the same and that the 10, 000 Islands will be discussed at the next EPTAB meeting. 4 . Dorothea Zysko asked EPTAB members to hold full board meetings once a month and have subcommittee meetings on the fourth Monday of each month. Motion was approved with the next meeting to be held June 27 . First monthly meeting to begin on July 11. 5. Dorothea Zysko called for EPTAB to develop a workplan. After a lengthy discussion, a subcommittee was formed with the following members: Page -3- Gary Beardsley, Nancy Payton and Derek Hodgin as Chair. Bill Lorenz will represent staff and Dorothea Zysko will attend meetings as an interested person. The first subcommittee meeting will be on June 20 at 4 : 00 p.m. This subcommittee meeting will be listed on the full EPTAB agenda each month. The second meeting will be scheduled at the regular July 25 subcommittee meeting at 4 : 00 p.m. 6. Program budget will be deferred to Workplan Subcommittee. IV. NEW BUSINESS 1. Gary Beardsley requested that EPTAB look at the Sabal Bay project. After a brief discussion, it was agreed that the BCC must first request EPTAB to review Sabal Bay. 2 . Discussion about wildlife definition from EAB. Information should be submitted by EAB Steering Committee to EPTAB. 3 . Brief discussion as to a member or liaison person to represent BCC at monthly EPTAB meetings. Commissioner Matthews felt that this was not a good idea and having someone from the board might suppress conversation among EPTAB members that normally might take place. Commissioner Matthews did offer some ideas that could help her make better decisions on matters relating to the environment. She suggested that EPTAB review environmental issues and include recommendations on Executive Summaries that would help her understand whether there is or is not an environmental policy that would address these various issues. She said she would like more environmental guidelines on issues such as CREW. Commissioner Matthews stated that EPTAB should be looking at issues such as air pollution, noise pollution and site pollution. Bill Lorenz stated that EPTAB also needed to look at the Solid Waste and Storm Water elements in the future. V. APPROVAL OF MINUTES - MAY 9, 1994. Minutes were approved for May 9 , 1994 . VI. PUBLIC COMMENTS There were none. Page -4- VII. ANNOUNCEMENTS Bill Lorenz announced that the DEP Bureau of Survey and Mapping is asking for a proposal to survey Sand Dollar Island as recommended by the Florida Game and Fresh Water Fish Commission. The proposal has been sent out for bids from surveyors. VIII. ADJOURNMENT DH: jl\6739 G - I3 - Vi , )tLL2 p T A i_ . diA49- /7 , . i' ,140 6--//076 ' g/6-4--- Lr.- C0 & J y ,), _ t . 46 _Oa 4 1kdkyC, 1j e ft kg L / / / i / / — / / Q.:4-s7A, 4ettt. 7/ : _ -ih)-424t, ,, ,tdi,t, - - Wai ?7 / oJ - /' t a�S✓)k4 .q ,-07/ &v /'i!/`0 ,7h4/Jety. f' c a l-eS J OQ,u3 S GI r i Aia,-_c etfexdrio., , Lezti tvz U triyL'1h N:6te/f s Cktf 7 Pau-rca_CC[pn, v ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA 1.3 DATE: June r, 1994 PLACE: Collier Government Complex, Health & Community Services Building, 3rd Floor, Conference Room C TIME: 4 :00 p.m. I. Call Meeting to Order I I. Roll Call III. Approval of Minutes - May 9 , 1994 IV. Announcements V. Old Business a. North Golden Gate Estates Ad Hoc Committee Status Report b. Candidate selection for new membership c. Update on Clustering Concept/Future Land Use Element d. Revisit NRPAs (priority list) e. Development of workplan for EPTAB (Where is EPTAB going?) f. Bill Lorenz - Program Budget (Action Item) (copies to EPTAB) V. New Business VI. Public Comments VII . Adjournment Post-Ir brand fax transmittal memo 7671 I#of pages ►a From T�irn, 'f o/a 7-2-o �1 rsry L ra N Co� v Ltd G Co C 1lt 17 Dept. DriPhon #3 T.�1 .24;4 Fa `i3, �S'-5�•��`J3 Fax,7 12 T v y Ev8E ;.??. .41224241- 2= 3 1 a m m tg u d- 6.y I - W 8 • om. >.mlij . aU asoE3•4E > -- ^ Fvp q 1 IflIhH . c 8°,..- 8 W E vs eO\ : i] .; .E.cato18 = WN < y4c eagonz=a3 goc3y� - �^' 4 .=0 W 7 U 7 y N O° W as--CC .f3L�Nq 2 u �. > c u a uw m o�E E vs� u u.- a. 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However, Maehr, was more difficult to address. firm April.h t EMMA ROSS Stanley Hole, of the consultingIt is rare that all meml Staff Writerboards like EPTAB are meetings, and much time i Hole-Montes & Associates Inc., said long- Sequent meetings rehasl range planning Recent turnover on a committee that very efficient and not much is usu- cussions so others can cats advises the Collier policy decisionsc Commission high-on neverlly expectedother than the e suggested o his resigns environmentaleonhas from them, hope for some direction. the oard be scaled back a lighted concerns about Trent and and "I don't expect much and I haven't bers. bias toward development and for- been disappointed." Davis said the boafacto com Environmentalists,members, combination of theyare concerned The committee is scheduled t Mondayicto mer committee and one county lir also add diffi about the sayplan at its meetingemotions inherentfmanyithe to mental policy give it more focus. "You're about ntPolicy Technicall the Advisory workwho is chairman of the planning going in with a and development Advisory Davis, he said. ronmental compared But others say there is I (EPTAB) and its problems achiev commission advisory boards,said that other of other committees,EP- that. ing results. four people to the efficiency down there at the bot- Most of the members of h In thesilast six months, Most from the conversion bot- before a their terms fromthe 11-memberomof them toard m so1mewhere."Y itat to developed before their werefrustrated by the Commissioner Bettye come outsof that Six of the board's memo have said they werethe developmentvelopedand,Mael lack df to be theefty and bytt what they aT- like to see moreengineeringconst nit "I'd like to see them give us more ad- for coiled to be committee's low regard board,she sat she favors them in Miller,Barton&Peek. among county commissioners. county vice,"she said,adding work have concerns about This comes facedat a ime when the openings vestigating other environmental issues. specificallye . t el commission is with three In the 18 months I've been a member thews said, low of the board, the only time I've heard engineers said, on the board, a time which committee « member Nancy Payton called "a development from EPTAB is when I've made the call," the deur ooh ar time in EPTAB's history."appointments to the she said. The will next few Barbara Cawley, a governor firmWil- cult thougrce membersrves i boardaland effective, ife the board is i be wley a goveting companies they saidy o Naples.Fitch, for the engineeringuntil rm eptly estsut toof the oners as individth balanced Blot of in, thatf needsson,Miller, Barton&Peek, presidentoof The ConservancyGary Beardsley. "Therelot of inertia to had attended several of EPTAB's two- board memberoseen it as ba and environr is a hour meetings. "I have n ers'overcome,"goinghe . "The commission- going to them be- said. "It's them be needs are unfulfilled." She said she stoppeddone bad Beardsley t away former member and cause there wasn't much being talirds EPTAB Chairwoman Dorothea Zysko others,including theyquestions whether the board needs to be I wish board e u members wh and Mike Davis, said around at all But businessman part of the problem is that the board thought the balance between etw ripe ns is nabout tel and develop NAPLES DAILY NEWS EwsTues., June 7, 1994 3A of lingering in limbo .bers gripe about „ frustrations, accused �� ;, said David balance of interests on the • z the board inof inertia the committee's achievemeboard rpoint ching give ado .” vers turn upunanimous agreement on the need forathese issues. I don't think they for countywidea hoot." is spent in sub- programgto protect the intact ling old natural systems from develo "Generally, we never even the board dos Some refer to that pment, was biased" said Richardson. `° got a that �n chi up, he said, county program, which the was and never could be t with the tion letter that commission approved in March,as Maehr,o seventhe board's most significantprove achievements state Game who was a biologist with the mem- others say it is s its only real achievement. and Fresh mission when he Water Fish Corn- iroblems are a Another EPTAB faces is the that low-moralewas on the board rs, addingtechnical requirements forlack of' COwit from a agreed ��y that said Barbara problem membership, missionecredibility with the countyrceived cultyf environ for Wilson,Miller,Barton&Peek. liaison com- CawleThe it as a reflectionce on the ofboardthe is problem," so narrow that saidit is difficult ito find criteria is important as a of more he dates qualified for the commission's viewcounty will- more to it than board. Candi- sues,he said. of environmental is- bigIt is these membership "EPTAB is only EPTAB that prevent the frobeing stackedIl wouldingness of the as useful as the o of native dab- With developmentt theboard interests,from added countyboard of commissioners he Commissionertake environmental issues seriously,"thc it said. Mike Volpe. said. "They see 60 ers come from Most county commissioners said theyowned byPercent of the couty Y, two of the were not aware of an that alto ugh herei's otstofawater there i r co Wilson were cy on the committee and some bed that's not where we Y don't see they do non theeve ims teeimand som ght our water fople ' y' lltants 'Mant- they ton perception ofHow- The commission haes three people to I was strongboth downfalls is choose from for the three EPTAB vacan :ting too many among some who cies. volved with the co have been in-specialists in committee. Jack Larry Richardson, a Baxter is currentlylark, the for theildlife biologist markottel spilt detection equipment . He if the 'e chosen by sat on the U.S.SFish & Wildlife Service Who has Worked in the buildingquipment and merican als, it is diffiboard for two years resigned in an education in trade. He has 'rem the inter- December. environmental He said he resigned because whenever ment. manage ion her work for, said Charles Ra nental activist the group got together tea's degree Ray is a Realtor, with a - wine in heand achieved in aquatic tooIs mas-aown the something,i its work was always shot down presidentnsupervised Port of the Islands is vice as it is now," by the county commission. and sol- against us and "We've been foughttion of omes theree design and marina [ had to corn that way," hesaid. "fouevery inch of the real construe- by men support ve (commission) doesn't Gary Wilson or estate attorney Department of with Porter, erican defended the sources h EPTAB Natural Re_ Wright,FrihtMorris&Arthur. - the sol- We're recommendations. If the commission does not want toe _ 'k it and supposedly professionals that are point any of the a tise for new one. applicants it can adveA_ liberate MEMORANDUM TO: William Hargett, Assistant County Manager Office of County Manager FROM: Jerry C. Neal, Senior Project Manager Office of Capital Projects Management DATE: June 7, 1994 SUBJECT: WIGGINS PASS INLET MANAGEMENT PLAN As requested, a copy of the Wiggins Pass Inlet Management Plan Reports #1 and #2 are attached. This particular inlet has been maintained for the purpose of navigation. Due to the passing of the State Statute 161.161 in 1989, all maintained improved inlets have to have an inlet management plan established and approved by the State prior to future dredging or future improvements. Provided below is a brief summary of milestone dates. 6 -30-92 Design Contract Award, Coastal Planning & Engineering 1 -14-93 Public Workshop for Report #1 Received Report #1 from Consultant 1 -20-93 Submitted Report #1 to State for review 7 -14-93 Received Report #2 from Consultant 7 -16-93 Submitted Report #2 to State for review 10-23-93 State's preliminary review discussed in a meeting with State staff, Consultant, and County staff 11-16-93 Consultant's response to State's review questions 2 -14-94 Public Workshop for Report #2, minutes enclosed 2 -15-94 State approval of grant time extension to April 1, 1995 William Hargett Page 2 of 2 2 -21-94 State's letter authorizing mapping of hardbottom and calculations for wave refraction 3 - 8-94 BCC approval of grant time extension BCC approval of additional services with Consultant 4 - 1-94 Purchase Order approved for additional services 6 -17-94 Hardbottom side scan field work to be completed 7 -12-94 Wave refraction analysis to be completed 8 -26-94 Report #3 to be completed 9 -12-94 Public Workshop for Report #3 9 -19-94 Executive Summary for BCC approval of selected method to maintain the inlet 9 -27-94 BCC to consider selected maintenance procedures 10-12-94 Submittal of BCC approved plan to State for review 3 - 1-95 Comments back from State 4 - 1-95 Resubmittal to State 00-00-00 State approval, unknown (the State will review 14 plans per year with a total of 84 plans to review) If you have any questions concerning this plan or if the EBTAB Committee would like a presentation, just let me know. JCN/km cc: Maura Kraus, Senior Environmental Specialist WIGGINS PASS INLET MANAGEMENT PLAN SUMMARY OF COMMENTS FEBRUARY 14, 1994 WORKSHOP There were about 30 people in attendance at this workshop. The presentation was given by Steve Keehn, Coastal Planning and Engineering. Main topics discussed were: 1. The dimensions of the existing designed channel, 200' x 8' . 2. Option of a very wide channel with the present depth of cut, 8' : a. If the channel is dredged wider than 200' , then the extra width will act as a sand trap and absorb the sand instead of having the sand deposit directly into the navigational channel. b. The wider the cut channel, the greater the possibility of increased damage (erosion) to the adjoining beach. The State Park staff has taken the position that the dredging of the ebb shoal causes their beach to erode. c. In order to estimate the damage caused by a wider cut to the northern-most part of the Wiggins Del-Nor Park, a wave refraction analysis must be made. This is a costly and time- consuming procedure which uses a computer model to predict the wave characteristics during a storm event caused by the inlet. 3. Option of providing a deeper dredged channel with the bottom at -10 feet NGVD (9 feet at mean low water) : a. It has been demonstrated that a deeper cut will increase the usable life of the dredged channel. b. Minus ten feet (-10) elevation was selected because it is the assumed top of rock elevation. The 1993 dredging event found the top of rock to be at elevation -7 on the south side of the mouth and to be at -10 starting at the shore line and continuing to 600 feet off shore. c. The thickness of the rock layer is unknown. Wiggins Pass Workshop February 14, 1994 Page 2 of 5 4. The consultant chose the 300' x 10' (NGVD) as being the most feasible channel. This selection was based on the consideration of the constraints list in #2 and #3 above. The expected life of the 300' x 10' cut and a comparison with the existing design is provided below: PROPOSED EXISTING 300' x 10' 200' x 9' NGVD LLW NGVD LLW (a) January start - depth -10 8 -9 7 (b) June 6 mo. - depth -8 6 -6 4 (c) January 12 mo. - depth -7 5 -4 2 (d) June 18 mo. - depth -6 4 -3 2* (e) January 24 mo. - depth -5 3 -2 2* (f) June 30 mo. - depth -4 2 -2 2* * The above listed numbers are referenced to National Geodetic Vertical Datum (NGVD) and to the low lower water (LLW, the datum that the navigable charts use) which is about 2 feet less than mean sea level. The minimum depth at the ebb shoal has been about 2 feet; and the tidal flow, in and out of the inlet, appears to have enough energy to prevent closing. 5. If the dredged width is held at 200 feet, then it is found that the rate of fill is about the same when comparing a 12' cut to an 8' cut--one foot per three months. Obviously the 12' cut will have a longer useful navigational life. The rate of fill for the 8' and 12' cut is provided below: Wiggins Pass Workshop February 14, 1994 Page 3 of 5 8' cut 12' cut NGVD LLW NGVD LLW (a) January start - depth 8 6 12 10 (b) June 6 mo. - depth 6 4 10 8 (c) January 12 mo. - depth 5-4 3 8 6 (d) June 18 mo. - depth 3 2* 7 5 (e) January 24 mo. - depth 2 2* 6 4 6. If the depth of dredging is held at 9 feet, then the calculations show the rate of fill decreasing as the width increases. The difference in the vertical gradient of the velocity of the littoral drift located at the inlet approaches zero as the channel becomes wider, the speed of sand movement at the top of the cut is about the same as at the bottom. Also, the wider cut acts as a double sand trap with sand storage on each side. This allows the center section, navigational path, to operate at the original cut depth until the sides fill up and close in on the center of the cut. About 60% of the annual shoaling occurs from January to March and our dredging window is November & December with possible extensions up to April. 200' width 490' width NGVD LLW NGVD LLW (a) January start - depth 9 7 9 7 (b) June 6 mo. - depth 6 4 8 6 (c) January 12 mo. - depth 4 2 7 5 (d) June 18 mo. - depth 3 2* 6-7 5 (e) January 24 mo. - depth 2 2* 6 4 Wiggins Pass Workshop February 14, 1994 Page 4 of 5 7. It appears that the life of the navigable channel can be extended by either providing a deeper or a wider cut. Making the cut wider may have a more direct environmental impact than a deeper cut. 8. The underlying rock is not functioning as a reef because it is covered by the ebb shoal. The removal of this rock material should have only secondary environmental impact to the Wiggins Pass system. 9. When we asked the audience for their opinion as to which option appears to be the best, we did not receive a response to the question. The audience stated that they were not qualified to make that type of decision. Later at the end of the meeting, one member of the Save the Bay Association did say that he favored the deeper cut. 10. A representative of the Westinghouse Development reminded us of the proposed designation by the state to make the Wiggins Pass waterways an Outstanding Florida Waters (OFW) . Another workshop concerning this issue is scheduled for April 1994. We have been told that if we changed the present permitted design (permits issued in 1989-90) we will have to obtain new permits based on the OFW rules. These rules will increase the time necessary for the states review and possibly add additional permitting constraints unless portions of the pass are excluded from OFW designation as currently proposed by County staff. 11. Charts shown at the workshop were: (a) A section taken at station 6+00 (600' off shore) with the October 1990 and May 1993 bathymetric plotted with an over lay of the existing dredging template. (b) The channel design for a 3' draft boat as shown in the 1980 U.S. Army Corps of Engineers study and the recommended design proposed by the Consultant. Wiggins Pass Workshop February 14, 1994 Page 5 of 5 (c) The calculated channel shoaling rate at various widths and depths. (d) The recommended disposal sites for future dredging projects with 80% of the dredging events going to the south and 20% going to the north. The recommended sites are about 1,000 feet further from the inlet than our existing sites. 12. We stated that there are a few items concerning the inlet that are unknown; and in order to obtain this information, additional engineering services will have to be approved by the State and the County. The representative from the State DEP said the State will provide funding for these additional tasks based on the existing Agreement with a 75/25 State/County split. The audience appeared to be in favor of obtaining the following information: (a) Subsurface investigation, rock characteristics (b) Hardbottom location and quality determination (c) Wave refraction analysis 13. Neither the County Staff nor the Consultant recommended the removal of the rock. We simply stated that if we dredge deeper than 10 feet, then the rock will have to be removed by either a drag line or blasting. A permit may be attainable for the bucket removal but not if it requires blasting. 14. At the start of the workshop, we stated that we needed input from the public concerning the possible alternatives of dredging and maintaining the inlet. Furthermore, we have not selected a design to present to the Board of County Commissioners and will not go before the Commissioners until we receive a letter from the State approving these additional services. Two or three options will be presented to the Board with our recommendation identified. ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: June 6, 1994 PLACE: Collier Government Complex, Health & Community Services Building, 3rd Floor, Conference Room C TIME: 4 : 00 p.m. I. Call Meeting to Order II. Roll Call III. Approval of Minutes - May 9, 1994 IV. Announcements V. Old Business a. North Golden Gate Estates Ad Hoc Committee Status Report b. Candidate selection for new membership c. Update on Clustering Concept/Future Land Use Element d. Revisit NRPAs (priority list) e. Development of workplan for EPTAB (Where is EPTAB going?) f. Bill Lorenz - Program Budget (Action Item) (copies to EPTAB) V. New Business VI. Public Comments VII. Adjournment Addendum to Minutes of May 12, 1994 The EPTAB meeting of May 23 , 1994 was attended by Dorothea Zysko Robert Duane, Nancy Payton, Derek Hodgin, and Steve Means. Since there was no quorum no official business was transacted. An informal discussion was held by the attending members. Bill Lorenz said he would distribute the resolution and a scoring matrix pertaining to the selection of new EPTAB members. The names and resumes of three candidates was distributed. Members are encouraged to review the qualifications, and be ready to make recommendations at the next meeting. , =.--ir .4 FRI 3 ::, -e , vy, ei,I . .". . .. /.."0", to f i 1 , TROPICAL ENVIRONMENTAL CONSULTANTS . 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