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Policies/Meetings/General Correspondence - Volume 13 NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: Clerk to the Board/Minutes &Records FROM: Georgina Mausen, Senior Secretary Natural Resources Department DATE: December 10, 1997 RE: Environmental Policy Technical Advisory Board (EPTAB)Recorded Meeting Minutes I am submitting the following cassette tapes to be filed by your office: 1. One (1) from the 12/3/97 Resource Protection Committee meeting. 2. One (1) from the 12/8/97 Steering Committee meeting. 3. One (1) from the 12/8/97 EPTAB meeting. If you have any questions, please call me at 732-2505. gmm cc: EPTAB File ENVIROMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: December 8, 1997 PLACE: Collier County Government 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 -November 10, 1997 IV. ANNOUNCEMENTS V. OLD BUSINESS a. Byron Meade's Position b. BCC Criteria for Membership VI. STANDING COMMITTEES A. COMMITTEE REPORTS (1) Steering Committee - Bill McKinney (2) Resource Committee -Mike Simonik (3) Growth Management - Mike Delate B. SPECIAL PROJECT COMMITTEE REPORTS (1) NRD Budget -Bill McKinney VII. NEW BUSINESS VIII. PUBLIC COMMENT s C 1 b.3-1 IX. ADJOURNMENT J C S' ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD SIGN IN SHEET , 1997 EPTAB MEMBERS (Please initial beside your name) Steven Bigelow Maureen McCarthy r' Bradley Cornell l Cy Bill McKinney 14 Mike Delate Monty Robinson Brenda C. Fogel Michael Simonik Allen Kratz Jan M. Stevens Staff Members Name Department .JOtZ- r ,c ur;y L Public Name Minutes (yes/no) Address Phone No. 3c35 9 74,506 QaAara Ne 1.1P3 100$9 Janes Ln Ai ples .3t{-109 �t C9✓l <�c �\f\. `Ar) CO Rs€. C1/42 C '-(6' 3-`-/21 ( DRAFT: 12/08/97 APPROVED: 01/12/98 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD DECEMBER 8, 1997 MINUTES PRESENT: Steven Bigelow Allen Kratz Monty Robinson Brad Cornell Maureen McCarthy Mike Simonik Brenda Fogel Bill McKinney EXCUSED ABSENCE: Mike Delate Jan Stevens STAFF: Bill Lorenz Georgina Mausen PUBLIC: Brian Marsh Barbara Kerby (Conservancy) (Big Cypress Basin) I. Meeting called to order. II. Roll call. III. Approval of meeting minutes -November 10, 1997: Mike Simonik made a motion to approve the minutes. Approved 8:0. IV. ANNOUNCEMENTS Brad Cornell announced that the Collier County Audobon Society is featuring Paul Triteck, Manager of Pelican Island Wildlife Refuge, who will be discussing Pelicans and concern for their decline. V. OLD BUSINESS a. Byron Meade's Position- Bill Lorenz reported that the BCC did give staff direction to re-advertise his position. Byron will no longer serve on EPTAB. EPTAB Minutes Cont. 12/08/97 Page 2 b. BCC Criteria for Membership - After some discussion on this issue, Steve Bigelow made a motion to drop the issue and stop further discussion. Motion carried 8:0 VI. STANDING COMMITTEES A. COMMITTEE REPORTS (1) Steering Committee -Bill McKinney reported that the Committee worked on the Work Plan and explained it is to be a tickler so the Committee Chairpeople know what's coming up in the future and the members of the committees can be thinking about different areas. Bill McKinney will get this plan typed up, then send it to Bill Lorenz and have it sent out with next months minutes. Bill Lorenz suggested that a meeting be set up to discuss the re- evaluation of EPTAB by the BCC. A special subcommittee was formed consisting of Brad Cornell, Bill McKinney, Allen Kratz and Mike Simonik. They will meet on January 5th at 3:30 in Room B. The next Steering Committee meeting is scheduled for January 12th at 3:30 p.m. in Room 216 on the 2"d floor. (2) Resource Protection -Mike Simonik: Met December 3rd and Ellen Lindblad from CREW Trust was present and spoke almost an hour about what CREW is. The Clam Bay Restoration Plan went back to the Army Corps of Engineers & other commenting agencies with its revisions. The next Resource Protection meeting is scheduled for January 8`h at 4:30 p.m. in Room C on the third floor. [NOTE: Tony Polizos, from the Natural Resources Conservation Service may attend this meeting] EPTAB Minutes Cont. 12/08/97 Page 3 (3) Growth Management -Mike Delate: Did not attend the meeting. Mike Simonik reported that he received the answers to the Environmental Impact Study from the Army Corps of Engineers. Mike told EPTAB that Colonel Miller stated (at the working group meetings held at the Conservancy)that a start date is planned for 1997. There was no future Growth Management meeting scheduled at this time. B. SPECIAL PROJECTS COMMITTEE REPORTS (1) NRD Budget - Bill McKinney: No meetings are necessary at this time. VII. NEW BUSINESS VIII. PUBLIC COMMENT IX. ADJOURNMENT - Meeting ended at 5:15 p.m. The next EPTAB meeting is scheduled for 1/12/98 at 4:00 p.m. SUMMARY OF ACTION EPTAB MEETING 12/8/97 MOTIONS (1) Mike Simonik made a motion to approve the November PASSED 8:0 10, 1997 meeting minutes. (2) Steve Bigelow made a motion to stop discussion about PASSED 8:0 the BCC criteria for committee memberships. ACTION ITEMS (1) Georgina will provide the Resource Protection Committee members with a copy of the Camp Keais Natural Resources Protection Area(NRPA) publication. SCHEDULED MEETINGS (1) EPTAB - January 12, 1998 at 4:00 p.m., Room 216 (2) Steering Committee - January 12, 1998 at 3:30 p.m., Room 216 (3) Resource Protection Committee -January 8, 1998 at 4:30 p.m., Room C (4) Growth Management - No meeting scheduled (5) Review Committee - January 5, 1998 at 3:30 in Room B NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: Clerk to the Board/Minutes &Records FROM: KGeorgina Mausen, Senior Secretary Natural Resources Department DATE: November 19, 1997 RE: Environmental Policy Technical Advisory Board (EPTAB)Recorded Meeting Minutes I am submitting the following cassette tapes to be filed by your office: 1. One(1) from the 10/27/97 Resource Protection Committee meeting. 2. One (1) from the 11/10/97 Steering Committee meeting (one side of tape only). 3. Two (2) from the 11/10/97 EPTAB meeting(one full tape and one side of other tape). If you have any questions, please call me at 732-2505. gmm cc: EPTAB File TiNACOLLIER COUNTY GOVERNMENT • COMM'JNITY DEVELOPMENT AND ENVIRONMENTAL HEALTH/COM_MUNITY SERVICES BLDG. SERVICES DIVISION 3301 E. TA_MIAMI TRAIL NAPLES, FL 34112 Building Review and Permitting (941)643-3400 Code Enforcement (941)643-8440 Housing and Urban Improvement (941)643-8330 A CERTIFIED BLUE CHIP COMMUNITY Natural Resources (941)732-2505 Planning Services (941)643-8300 Pollution Control (941)732-2502 November 18, 1997 Bill McKinney 1898 Mission Drive Naples,Florida 34109 RE: EPTAB Schedule Dear Bill: As requested at the November 10, 1997 EPTAB meeting, here are the schedules for some recurring events. Call me at 732-2505 if you have any questions. BUDGET REVIEW Staff Submittal March/April EPTAB Review April/May BCC Workshops June LAND DEVELOPMENT CODE AMENDMENTS January Cycle EPTAB Review March-May BCC Adoption May/June July Cycle EPTAB Review September-November BCC Adoption November/December GROWTH MANAGEMENT PLAN AMENDMENTS EPTAB August/September BCC Transmittal Hearing October/November BCC Final Adoption January/February Sincerely, iii . 4,4 William D.Lorenz,Jr.,P.E. Natural Resources Director cc: EPTAB File e_goa,rilEtege:, Foeeru: FanzfraiieanePii i.J 3301 East Tamiami Trail • Naples, Florida 341124977 John C. Norris (941)774-8097 • Fax(941)774-3602 District 1 Timothy L. Hancock,AICP District 2 Timothy J.Constantine District 3 Pamela S.Mac'Kie District 4 Barbara B. Berry District 5 November 18, 1997 Mr. Byron J. Meade 1303 Cobia Court Naples, FL 34102 Subject: Environmental Policy Technical Advisory Board Dear Mr. Meade: The Board received a request to remove you from the Environmental Policy Technical Advisory Board due to your lack of attendance at advisory committee meetings. While convened in regular session on Tuesday,November 18, 1997, the Board of County Commissioners unanimously accepted the recommendation from the Environmental Policy Technical Advisory Committee and will appoint a new committee member. As you know, all advisory committee members serve at the pleasure of the Board of County Commissioners and may be appointed or removed by simple majority vote of the Board. Best wishes for success in your future endeavors. Very truly yours, ,/% /?,:• ,O; Timothy . Hancock, AICP, Chairman Commissioner, District 2 TLH:sf yLeC: William D. Lorenz, Jr., Environmental Services Director NOV 2 5 19 1 NATURAL RESOURCES DEPARTMENT 134- 1 ( L b rs-P/h,`-z_) RECEIVED PRESS RELEASE NOV 2 5 i:i97 FOR IMMEDIATE RELEASE NATURAL :SOURCES NOVEMBER 24, 1997 0EPARTMENT The Collier County Board of Commissioners is seeking applications for positions on several advisory committees. The Collier County Public Health Unit Advisory Board has 1 vacancy represented by a member from District 1. This 7 member board was created to provide reports and recommendations to the Board of County Commissioners regarding policies, operations, finances and services that are being provided or may need to be provided by the Collier County Public Health Unit to the citizens of Collier County. The Environmental Policy Technical Advisory Board has 1 vacancy, expiring on September 30, 2001. This 11 member committee advises and assists the county in the development and implementation of the County 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. The Golden Gate Estates Land Trust Committee has 1 term expiring on December 31, 1997, representing Phase 2, 3, 4, or 5. This 5 member committee serves in an advisory capacity to the Board of County Commissioners for the purpose of carrying out the requirements, conditions and various provisions of an Agreement relating to the use of land, or funds derived from the sale of land, conveyed to the County by Avatar Properties Inc._(f/k/a GAC Properties Inc.). Applicants must reside within the subdivision known as "Golden Gate Estates." Member selection may depend upon location of residence within specific areas (phases) of the Estates. Terms are 4 years. The Hispanic Affairs Advisory Committee has 1 vacancy. This 9 member board identifies and evaluates problems unique to the Hispanic Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic reports to the Board of County Commissioners. Terms are 4 years. The Lely Golf Estates Beautification Advisory Committee has 1 vacancy with the term expiring on October 1, 2001. This 5 member committee assists and advises the Board of County Commissioners in handling matters pertaining to the beautification taxing district. The district was created by referendum vote on November 4, 1986, for the purpose of beautifying and maintaining the median strips of the streets and other public area within Lely Golf Estates. Applicants must reside within the boundaries of the municipal service taxing unit. Terms are 4 years. The Radio Road Beautification Advisory Committee has openings for members to aid and assist the Board of County Commissioners in carrying out the purposes of providing curbing, watering facilities, plantings and maintenance of the median areas as set forth in Ordinance No. 96-84. The committee shall recommend work programs and priorities to the County Administrator or his designee. Members shall be permanent residents within the MSTU. After initial staggered terms, terms will be 4 years. Members of advisory committees must be residents and electors of Collier County, and are subject to the Florida Government in the Sunshine Law. Residents interested in applying for the advisory committee positions are requested to submit a letter and brief resume to the attention of Mrs. Sue Filson, Administrative Assistant, Board of County Commissioners, 3301 Tamiami Trail East,Naples, Florida 34112 or FAX to 774-3602. The deadline for acceptance of resumes is Friday, December 12, 1997. # # # NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: EPTAB Members FROM: k' Georgina Mausen, Senior Secretary Natural Resources Department DATE: November 14, 1997 RE: Rescheduling of Resource Protection Committee Meeting At the November 10th EPTAB meeting, a date of December 3rd at 5:15 p.m. was set for the next Resource Protection Committee meeting. This meeting has since been changed to 4:30 on the same day in Room C on the third floor of Building H. Ellen Lindblad from Crew Trust will be present at this meeting. gmm ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD SIGN IN SHEET NOVEMBER 10, 1997 EPTAB MEMBERS Steven Bigelow William E.J. McKinney ;.d Bradley Cornell V Byron J. Meade (,V+ Mike Delate Monty Robinson Brenda C. Fogel Michael Simonik v Allen KratzJan M. Stevens Maureen McCarthy I/ Staff Members Name Department 4s.TVAA c_ Public Name Minutes (yes/no) Address Phone No. ` _ . D\O.0 ILO SINS 4\ 703- ,2(( ENVIROMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: November 10, 1997 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 13, 1997 IV. ANNOUNCEMENTS V. OLD BUSINESS a. Byron Meade's Position b. Exotics Management Work Plan VI. STANDING COMMITTEES A. COMMITTEE REPORTS (1) Steering Committee - Bill McKinney (2) Resource Committee - Mike Simonik (3) Growth Management - Mike Delate B. SPECIAL PROJECT COMMITTEE REPORTS (1) NRD Budget -Bill McKinney VII. NEW BUSINESS VIII. PUBLIC COMMENT IX. ADJOURNMENT C�v�—` C.� , 93-- ( an ar( an cam, ;,,,,. �► "S.k.50 ( Jc Lago DRAFT: 11/10/97 APPROVED: 12/08/97 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD NOVEMBER 10, 1997 MINUTES PRESENT: Steven Bigelow Maureen McCarthy Monty Robinson Brad Cornell Bill McKinney Mike Simonik Mike Delate EXCUSED ABSENCE: Brenda Fogel Allen Kratz Jan Stevens ABSENT: Byron Meade STAFF: Bill Lorenz Georgina Mausen PUBLIC: Brian Marsh Nicole Ryan (Conservancy) (Conservancy) I. Meeting called to order. II. Roll call. III. Approval of meeting minutes - October 13, 1997: Approved after Bill McKinney made the comment that the minutes needs to reflect who is going to write the letter anytime one is sent out by EPTAB. NOTE: Brad Cornell mentioned that he'd like to add an item under New Business, if time permitted, on whether EPTAB wanted to respond to business of Board criteria for membership. IV. ANNOUNCEMENTS Mike Simonik announced that Mark Robson of the Game&Fish Commission will be speaking at the Conservancy on November 21S`at 12:00 noon about Sand Dollar Island Critical Wildlife Area. EPTAB Minutes Cont. 11/10/97 Page 2 Bill Lorenz announced that the BCC may hear the Big Marco Pass Inlet Management Plan on November 25, 1997. Steve Bigelow announced that on December 16th at 9:00 a.m. the Citizens Advisory Committee will appear before the BCC on the relocation of the landfill. V. OLD BUSINESS a. Byron Meade's Position-Brad Cornell has asked Sue Filson to put this issue on the BCC agenda. b. Exotics Management Work Plan- Bill Lorenz updated EPTAB on this item. VI. STANDING COMMITTEES A. COMMITTEE REPORTS (1) Steering Committee -Bill McKinney handed out a packet to members who attended that contained the Summary of EPTAB Charter Objectives, committee assignments, planning schedules& an organizational chart. The committees goal is to finalize it and have an outline to work by. Bill Lorenz will provide Bill McKinney with a schedule for recurring events (e.g. LDC amendment cycle). Bill McKinney stated that everyone needs to be assigned to a subcommittee. Steve Bigelow was assigned to the Growth Management Committee. The next Steering Committee meeting is scheduled for December 8th at 3:30 p.m. in Room 216 on the 2nd floor. (2) Resource Protection -Mike Simonik: Covered three topics (1)Brenda Fogel updated the subcommittee on the Water Conservation Plan she is working on with Bill Lorenz; (2) Discussion about Clam Bay restoration; (3) Talked about the NRPA's& what should be done with them. The subcommittee voted unanimously to push through the next NRPA, which would be the CREW Trust Lands. EPTAB Minutes Cont. 11/10/97 Page 3 Mike Simonik made a motion that EPTAB go along with the unanimous vote from the subcommittee to start the process for implementing CREW as the next NRPA. Approved 6:1. The next Resource Protection meeting is scheduled for December 3rd at 5:15 p.m. in Room C on the third floor. [NOTE: Since this meeting, the above scheduled meeting time has been changed from 5:15 p.m. to 4:30 p.m. on the same day.] (3) Growth Management - Mike Delate: Did not meet - nothing to report. There was no future Growth Management meeting scheduled at this time. Note: Quorum was lost at 4:50 p.m., discussions continued until 5:33 p.m. B. SPECIAL PROJECTS COMMITTEE REPORTS (1) NRD Budget -Bill McKinney: No meetings are necessary at this time. VII. NEW BUSINESS a. BCC criteria for membership (add-on)was not discussed formally for lack of quorum. VIII. PUBLIC COMMENT IX. ADJOURNMENT -Meeting ended at 5:33 p.m. The next EPTAB meeting is scheduled for 12/8/97 at 4:00 p.m. SUMMARY OF ACTION EPTAB MEETING 11/10/97 MOTIONS (1) Mike Simonik made a motion that EPTAB go along with PASSED 6:1 the unanimous vote from the Resource Protection subcommittee to start the process for implementing Crew as the next NRPA. ACTION ITEMS (1) Bill Lorenz will provide Bill McKinney with a schedule for recurring events (e.g. LDC amendment cycle). SCHEDULED MEETINGS (1) EPTAB - December 8, 1997 at 4:00 p.m., Room 216 (2) Steering Committee -December 8, 1997 at 3:30 p.m., Room 216 (3) Resource Protection Committee -December 3, 1997 at 5:15 p.m., Room C [NOTE: Since this meeting, the above scheduled meeting time has been changed from 5:15 p.m. to 4:30 p.m. on the same day.] (4) Growth Management - No meeting scheduled SUMMARY OF EN""r'ONMENTAL POLICY TECHNIr'°L ADVISORY BOARD (EPTAB) CHARTEb OBJECTIVES * Identify, study, evaluate, and provide technical recommendations to the board (of Commissioners of Collier County) on programs necessary for...conservation, management, protection of air, land, water resources and environmental quality * Assist in: establishing goals and objectives : developing and revising rules, ordinances, regulations, programs : implementation and development of growth management identifying and recommending solutions to existing and future environmental issues * Technical advisory committee to County environmental resources management program * Implement water policy (Chapter 90, Art. II) • Provide for public comment OTHER EPTAB is reviewed every 4 years for major accomplishments. The next audit is 1998. An annual review of all accomplishments should be compiled and filed with BCC. 1 ✓r � it j /�f✓✓ tieh-7 ) A/v EPTAB COMMITTEE ASS'—'IMENTS November, 1997 STEERING Other Members Bill Mc Kinney, Chair Jan Stevens Allen Kratz Steven Bigalow Mike Delate Byron Meade Brad Cornell Mike Simonik GROWTH MANAGEMENT Mike Delate, Chair Brad Cornell RESOURCE PROTECTION gi// kgex/ l)i),r Mike Simonik, Chair 0L'�T Brad Cornell Maureen McCarthy Brenda Fogel Monty Robinson Bill Mc Kinney SPECIAL PROJECTS BUDGET: Bill McKinney, Chair Brad Cornell Mike Simonik GENERAL CHAIR: Brad Cornell VICE-CHAIR: Mike Simonik • t"--\ /*--&N > O 0 Z I- 1 - •:.. ' x X .0, 03 a..a 4 I O U.1 U) 1 .. : 0 + 4 4 0 4 Z 1.. ?... 40, I X X — •:. •a• „. .,. 4 4 ' ?5 P I 1 • •-) ...1 m 1111111.11111.11111111110111111.1111 'cc . x II < 12 , . . , 1 co la I 1 . X X U. 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CO Cr) 0 1— N 01 '7 LC) CO l's• CO C7) CM Cr) C) C) CY) .1- Cr Tr cr Cr .:r .4. .4- .:1- .C1' U) U) U) LO CO IC) LO CO CO in CD CO CD CD CO CD CO CO CO CO ts, — EPTAB ORGANIZATION Chairman: Bradley Cornell - Vice Chair: - Steering Committee Plans - Chair: Mike Simonik Organization L Bradley Cornell Priority - Mike Delate Scheduling - Allen Kratz Staffing - Bill Lorenz Accomplishments - •He-turu3 Resource Protection Area. .Clam Bay (NRPA) Couunittee Rural areas - Chair: Mike Simonik Mik -_M.c6e e - Growth Management Committee Eval . Appraisal - Chair: Mike Delate Report Amend. (EAR) Bradley Cornell Habitat Incentives - Exotic Plant Committee Report to BCC - Chair:Bradley Cornell - Special Projects Committee Irrigation - Chair: Air Quality Bradley Cornell 592-7805 (call firs 11/04/1997 10 :05 :42 AM P. 1 Fax Cover Sheet Date: 11/04/1997 �� Total Pages: 4 To: Bill Lorenz, Director; G. Maus Company: 774-9222 Phone: 732-2505 Fax: 774-9222 From . Bradley Cornell Company: 556 109th Avenue, North Naples, FL 34108 Phone: 941/592-7805 Fax: 592-7805 (call firs ` 1 lI,. IFS �[rll �Message. . . iriI II 11, 111i4 Il Bill -- Following are three letters I have been asked to write. I am faxing and mailing the voting and Byron Meade letters to BCC/Filson. The BCC invitation letter I am also mailing to you. I believe Jan Stevens wanted to hand carry that to the BCC. Also, u,.you please send copies of Nancy Payton's NRPA summary memo fronT larch 6, 19 ith its attachments to all EPTAB members who have not received`Tt4- av it, but apparently others do not and that info is needed for the Natural Resources Sub-committee in particular). Thank you very much. -- Brad THIS FAX WAS CREATED AND FAXED NY SUPERFAX/SUPERVOICE/SUPERVOICE PRO FOR WINDOWS Bradley Cornell 592-7805 (call firs 11/04/1997 10:20:24 AM P. 1 /04 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD 556 109th Avenue North, Naples, FL 34108 November 3, 1997 Collier County Board of Commissioners Timothy Hancock, Chair 3301 Tamiami Trail East Naples, FL 34112 Dear Commissioners: At the request of the Environmental Policy Technical Advisory Board, I am writing to extend an invitation to any of you to attend any of our regular board meetings, held the second Monday of each month beginning at 4:00 pm in Building H. To better communicate on the issues presently before us, it was felt direct discussion would be an advantage and would further the dialogue on the best approaches to protecting Collier County's natural resources. Presently, we are working on recommendations for a Water Conservation Plan and ways to implement it, as required in our Growth Management Plan and South Florida Water Management District's water use permit requirements. Also, as you know, we continue to monitor and consider issues pertaining to the Clam Bay Natural Resource Protection Area, as well as EPTAB's Exotics Report from February, 1997. Another pertinent issue under examination is the Big Marco Pass Critical Wildlife Area and the recent developments. In fact, I believe that is tentatively on your November 25 agenda. There are many other issues that will present themselves over the course of the year, including the budget prioritization for the Natural Resources Department, and we welcome your input, requests and involvement at any point. If we can be of any better service to you, please let me, or any other EPTAB member know. Sincerely, Bradley Cornell Chairman, EPTAB Bradley Cornell 592-7805 (call firs 11/04/1997 10:05:42 AM P.2 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD 556 109th Avenue North, Naples, FL 34108 November 3, 1997 Collier County Board of Commissioners Timothy Hancock, Chairman 3301 Tamiami Trail East Naples, FL 34112 RE: Declaration of Vacant Position on EPTAB Dear Commissioners: This letter is to inform you that Byron Meade, one of your appointees to the Environmental Policy Technical Advisory Board (EPTAB), has not attended a single meeting after more than four months, without excuse. Pursuant to Sec. 2-833 of County Code, I am therefore requesting that you declare the position vacant and that Ms. Sue Filson advertise the vacancy for the purpose of your appointing a qualified candidate as soon as possible. Thank you for your attention to this matter. Sincerely, Enee eoftweee Bradley Cornell Chairman, EPTAB cc: Ms. Sue Filson, Administrative Assistant, BCC EPTAB files ENVIRONMENTAL-v..1, POLICY TECHNICAL ALl VISORY BOARD 556 109th Avenue North,Naples, FL 34108 November 3, 1997 Collier County Board of Commissioners Timothy Hancock, Chair 3301 Tamiami Trail East Naples,FL 34112 Dear Commissioners: At the request of the Environmental Policy Technical Advisory Board, I am writing to extend an invitation to any of you to attend any of our regular board meetings, held the second Monday of each month beginning at 4:00 pm in Building H. To better communicate on the issues presently before us, it was felt direct discussion would be an advantage and would further the dialogue on the best approaches to protecting Collier County's natural resources. Presently, we are working on recommendations for a Water Conservation Plan and ways to implement it, as required in our Growth Management Plan and South Florida Water Management District's water use permit requirements. Also, as you know, we continue to monitor and consider issues pertaining to the Clam Bay Natural Resource Protection Area, as well as EPTAB's Exotics Report from February, 1997. Another pertinent issue under examination is the Big Marco Pass Critical Wildlife Area and the recent developments. In fact,I believe that is tentatively on your November 25 agenda. There are many other issues that will present themselves over the course of the year, including the budget prioritization for the Natural Resources Department, and we welcome your input, requests and involvement at any point. If we can be of any better service to you, please let me, or any other EPTAB member know. Sincerely, &_/(„//7r Bradley Co- e Chairman, TAB e \ V 9 - ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD 556 109th Avenue North,Naples,FL 34108 November 3, 1997 Collier County Board of Commissioners Timothy Hancock, Chairman �+ 3301 Tamiami Trail East Naples,FL 34112 RE: Declaration of Vacant Position on EPTAB Dear Commissioners: This letter is to inform you that Byron Meade, one of your appointees to the Environmental Policy Technical Advisory Board(EPTAB),has not attended a single meeting after more than four months, without excuse. Pursuant to Sec. 2-833 of County Code, I am therefore requesting that you declare the position vacant and that Ms. Sue Filson advertise the vacancy for the purpose of your appointing a qualified candidate as soon as possible. Thank you for your attention to this matter. Sincerely, Bradley Co 11 Chairman,EPTAB cc:Ms.Sue Filson,Administrative Assistant, BCC EPTAB files n � ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD 556 109th Avenue North,Naples,FL 34108 November 3, 1997 Timothy Hancock, Chairman (� Collier County Board of Commissioners �� I 3301 Tamiami Trail East Naples,FL 34112 RE: Voting Requirements for Advisory Boards/EPTAB Dear Chairman Hancock: Thank you for your letter of September 18, 1997,responding to my request for board consideration of making our board voting requirements match most of the other boards. I believe there may be some misunderstanding of what the problem is, so I hope I might clarify it here. On occasion,because of lag time between the expiration or resignation of an EPTAB member(s)and the reappointment of that position by the Board of County Commissioners (BCC),there have been as many as four vacant chairs at one time. This has recently resulted in several consecutive months where unanimous decisions were required for every vote(even with only one member being absent). This brought up the issue of consistency with the Development Services advisory board which requires only a majority of the quorum present for affirmative votes. EPTAB's ordinance requires six ayes for a motion to carry,even if only six are in attendance. (The ordinance version, 91-26, Sect. 5-B, which you quoted in your letter was updated by the BCC to the six vote requirement from your stated 5 vote). Therefore,EPTAB still wishes the BCC to consider making all the advisory board voting requirements consistent, and specifically to change EPTAB's requirements to allow for a majority of the quorum present to affirm a vote on a motion. Thank you for this consideration. Sincerely, Bradley Co Chairman,EPTAB ENVIRONMEATAL POLICY TECHNICAL ADV1aORY BOARD 556 109th Avenue,North,Naples, FL 34108 October 28, 1997 Collier County Board of Commissioners F,, i, Timothy Hancock, Chairman 3301 E. Tamiami Tr. Naples, FL 34112 Re: EPTAB Review of the County Responses to Objections, Recommendations and Comments(ORC)Report from the Department of Community Affairs Dear Commissioners: We have reviewed the responses to the ORC report regarding the Public Facilities Element and Conservation and Coastal Management Element of the Growth Management Plan_ We are generally supportive of the responses in that Collier County's natural resources will continue to be protected as outlined in the responses. We have, however, concerns over some of the responses. The objectives/policies that we have concerns about are outlined below along with EPTAB's general discussion on the matter and the recommendation for each objective and policy PUBLIC FACILITIES ELEMENT Water Subelement Policies 1.2.2 and 1.5.1: Discussion: As this policy is written, urban sprawl would be discouraged by permitting central potable water systems only in the Designated Urban Area and in areas where the County has legal commitments to provide facilities and service outside the Urban Area. EPTAB has concerns that the phrase"legal commitments" is not well-defined and opens the door to allowing the expansion of the water system outside the Urban Area. Also,there is concern over allowing discretionary BCC approval of central water service. Such exceptions can lead to urbanization beyond current patterns of development. EPTAB Recommendation: Revise policy language removing reference to "legal commitments" or provide a better understanding of what those commitments are. Also delete any discretionary permission language for central water services. Sewer Subelement Policy 1.5.1: Discussion: Again, as this policy is written(as in 1.5.1 above), urban sprawl would be discouraged by permitting central sanitary sewer systems only in the Designated Urban Area and in areas where the County has legal commitments to provide facilities and service outside the Urban Area. EPTAB has concerns that the phrase"legal commitments" is not well-defined and opens the door to allowing the expansion of the sewer system outside the Urban Area. Likewise, added discretionary language could encourage sprawl with additional central sewer lines outside the Urban Area. EPTAB Ra._ ,mmendation: Revise policy language „moving reference to "legal commitments"or provide a better understanding of what those commitments are. Additionally, remove discretionary central sewer permission from BCC. Policy 1.5.2: Discussion: This policy intends to discourage urban sprawl and the proliferation of private sector and/or package sanitary sewer treatment plants through the development order review process. As proposed,EPTAB considers this policy as adequate to discouraging urban sprawl. It was discussed, however, that language should be added that would prohibit the use of package sewage treatment plants outside the Urban Area. EPTAB Recommendation: Add language that prohibits the expanded use of package treatment plants outside the Urban Area. CONSERVATION COASTAL MANAGEMENT ELEMENT Objective 1.3(and pursuant policy 1.3.3): Discussion: This objective provides that the County will continue to develop and implement guidelines for the Natural Resource Protection Areas(NRPA)Program. Currently, only one(1)area has been established as a NRPA: Clam Bay. Because of Collier County's unique and fragile natural environment, a number of NRPAs should be established to prevent,through proper maintenance and monitoring, what has occurred in Clam Bay. To that end,a date should be provided as a goal to develop plans for,and fully implement the NRPA program. EPTAB Recommendation: Revise the Objective 1.3 and Policy 1.3.3 to change the date for completion of NRPA implementation to August 1, 2002. Objective 6.1: Discussion: This objective and the related Policy 6.1.8 provides guidance for the implementation of habitat protection standards for development review. DCA recommends that Policy 6.1.8 be revised so that incentives shall be created in order to provide for the retention of sensitive habitat. EPTAB understands that development of the incentives has not been an easy task, evidenced by lack of response to a survey of the development community. EPTAB,though, believes that County staff should continue to pursue incentives through contact with development interests. EPTAB also believes that a realistic date should be provided in Objective 6.1 to identify, define and prepare development standards and criteria for all important native County habitats. EPTAB Recommendation: Revise Objective 6.1 as follows: "By June 1, 1999, identify,define and prepare development standards and criteria for all important native County habitats. Until adoption " EPTAB strongly recommends the above revisions in order to continue to protect Collier County's unique natural resources. Thank you for your consideration of EPTAB's input. If you have any questions regarding this letter, please feel free to contact me. Sincerely, Bradley C e t,: 1 Chairman,EPTAB NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: Clerk to the Board/Minutes&Records FROM:(-/ Georgina Mausen, Senior Secretary —Z Natural Resources Department DATE: October 23, 1997 RE: Environmental Policy Technical Advisory Board (EPTAB)Recorded Meeting Minutes I am submitting the following cassette tapes to be filed by your office: 1. One (1) from the 10/13/97 Steering Committee meeting. 2. Two (2) from the 10/13/97 EPTAB meeting. If you have any questions, please call me at 732-2505. gmm cc: EPTAB File NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: Sue Filson, Administrative Assistant to the BCC FROM: William D. Lorenz-, Jr., P.E., Director Natural Resources Department DATE: October 23, 1997 RE: Byron Meade -EPTAB Please be advised that Byron Meade has never attended an EPTAB meeting since he was appointed on May 6, 1997 by the BCC. I sent him the attached August 14, 1997 letter informing him of EPTAB's attendance requirements. I also spoke with him via telephone as a follow-up to this letter. I understand that his business interests took him back to Ohio for extended periods of time. I suggested that he submit a resignation if he could not make the monthly EPTAB meetings. I have not yet received any correspondence from Mr. Meade concerning this matter. On • October 13, 1997, EPTAB voted to recommend Mr. Meade's removal from the advisory board. Please begin the process to have the BCC declare Mr. Meade's position vacant and advertise for a new member. Call me at ext. 2505 if you need any further information. Attachment cc: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services 'EPTAB File COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL HEALTH/COMMUNITY SERVICES BLDG. SERVICES DIVISION 3301 E.TAMIIAMI TRAIL NAPLES,FL 34112 Building Review and Permitting (941)643-8400 Code Enforcement (941)643-8440 Housing and Urban Improvement (941)643-8330 A CERTIFIED BLUE CHIP COMMUNITY Natural Resources (941)732-2505 Planning Services (941)643-8300 Pollution Control (941)732-2502 August 14, 1997 Byron Meade 1303 Cobia Court Naples, Florida 34102 RE: Attendance Record for EPTAB • Dear Mr. Meade: Please note that the membership provisions for EPTAB state that "members shall be automatically removed if they are absent from two (2) consecutive meetings without a satisfactory excuse or if they are absent from more than one-fourth of the meetings in a given fiscal year". Our records indicate that you have two (2) consecutive unexcused absences. Additionally, you have missed three (3) meetings within the current FY97 fiscal year(October, 1996 - September 30, 1997) which is equal to the 75% attendance criteria. Please make sure that you are in attendance for the September 8, 1997 meeting to ensure your continued membership on EPTAB. If not, EPTAB could forward a recommendation to the Board of County Commissioners to remove you from the advisory board. Please call me at 941-732-2505 if you have any questions. Sincerely yours, ;/ ,'Rt William D. Lorenz, Jr., P.E. Natural Resources Director cc: Sue Filson EPTAB File ENVIROMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: October 13, 1997 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-September 8, 1997 IV. ANNOUNCEMENTS V. OLD BUSINESS a. ACOE-EIS Status Report b. Byron Meade's Position VI. STANDING COMMITTEES A. COMMITTEE REPORTS (1) Steering Committee - (2) Resource Committee-Mike Simonik (3) Growth Management-Mike Delate B. SPECIAL PROJECT COMMITTEE REPORTS (1) NRD Budget-Bill McKinney VII. NEW BUSINESS a. Clam Bay Restoration Project Update b. Exotics Management Work Plan VIII. PUBLIC COMMENT IX. ADJOURNMENT 41.40 1164 7- -* go o DRAFT: 10/13/97 APPROVED: 11/10/97 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD OCTOBER 13, 1997 MINUTES PRESENT: Brad Cornell Maureen McCarthy Monty Robinson Mike Delate Bill McKinney Mike Simonik Allen Kratz Jan Stevens EXCUSED ABSENCE: Brenda Fogel ABSENT: Steven Bigelow Byron Meade STAFF: Bill Lorenz Georgina Mausen Mac Hatcher PUBLIC: Brian Marsh Scott Brady (Conservancy) (Naples Cay) I. Meeting called to order. II. Roll call. III. Approval of meeting minutes - September 8, 1997: Approved. NOTE: Brad Cornell made an adjustment to the EPTAB agenda under Old Business: add c) Voting Requirements and d) Big Marco Pass CWA. IV. ANNOUNCEMENTS Mike Simonik announced that a working group for the Everglades Restoration Task Force will be meeting at the Conservancy on November 4th and 5th and then the Governors Commission will meet on the 6th and 7th, also at the Conservancy. Mike Simonik reported that he and Mike Delate are working on the Naples Bay Study and the meetings are held on the 13`, 2"d & 3rd Monday of each month at 5:00 p.m. They will need to leave the EPTAB meetings by 5:00 or 5:30 to attend these meetings, which will effect the quorum. EPTAB Minutes Cont. 10/13/97 Page 2 V. OLD BUSINESS a. ACOE-PEIS -Bill Lorenz gave an overview of this item to EPTAB. b. Byron Mead's Position - Bill Lorenz will send a memo to Sue Filson regarding Byrons repeated absence from the meetings and request that she take it to the BCC for final action. c. Voting Requirements - Brad Cornell will write a letter to Commissioner Hancock concerning this issue and Jan Stevens will set up an appointment to deliver the letter and meet with the Commissioner. Bill McKinney made a motion to send each Commissioner a schedule of the EPTAB meetings with an agenda and invite each Commissioner to attend. Motion passed 8:0. d. Big Marco Pass CWA- Bill McKinney made a motion to send the letter, that Brad Cornell wrote, to the BCC opposing the filling of the lagoon. Motion passed 8:0. Mike Simonik made a motion to offer to participate in investigative solutions to the lagoon problem in the letter to the BCC. Motion passed 8:0. VI. STANDING COMMITTEES A. COMMITTEE REPORTS (1) Steering Committee - Brad Cornell announced that Bill McKinney was nominated as the new Chairman for this committee. Bill McKinney reported that the Steering Committee would like to put together a document that guides the committee in its activities (budget, manpower) for the next year so that everyone on the committee can reference it and use as a time management tool. The next Steering Committee meeting is scheduled for November 10th at 3:30 p.m. in Room 216 on the 2" floor. EPTAB Minutes Cont. 10/13/97 Page 3 (2) Resource Protection -Mike Simonik: The committee met on September 15th and talked about the Water Conservation Plan and the NRPAs. The committee will bring back recommendations to EPTAB on how to take something through the process to create a NRPA. Maureen McCarthy was appointed to serve on the Resource Protection Committee. Bill Lorenz reported on the Water Conservation Plan. The next Resource Protection meeting is scheduled for October 27th at 5:15 p.m. in Room C on the third floor. (3) Growth Management - Mike Delate: Handed out a letter that was addressed to Commissioner Hancock regarding EPTABs review of the ORC Report and gave members time to review it. Mike Delate made a motion to send the letter to the BCC with the changes discussed. Motion passed 8:0. There was no future Growth Management meeting scheduled at this time. B. SPECIAL PROJECTS COMMITTEE REPORTS (1) NRD Budget -Bill McKinney: No meetings are necessary at this time. VII. NEW BUSINESS (a) Clam Bay Restoration Project Update - Bill Lorenz and Mac Hatcher presented an update on Clam Bay. (b) Exotics Management Work Plan - This item was continued until the November 10, 1997 EPTAB meeting. VIII. PUBLIC COMMENT EPTAB Minutes Cont. 9/8/97 Page 4 IX. ADJOURNMENT - Meeting ended at 6:20 p.m. The next meeting is scheduled for 11/10/97 at 4:00 p.m. SUMMARY OF ACTION EPTAB MEETING 10/13/97 MOTIONS (1) Bill McKinney made a motion to send each Commissioner a PASSED 8:0 schedule of the EPTAB meetings with an agenda and invite each Commissioner to attend. (2) Bill McKinney made a motion to send a letter to the BCC PASSED 8:0 opposing the filling of the Lagoon. (3) Mike Simonik made a motion to include solutions to the PASSED 8:0 lagoon problem in the letter to the BCC. (4) Mike Delate made a motion to send the letter addressed to PASSED 8:0 Commissioner Hancock regarding the ORC Report to the BCC with the changes discussed. ACTION ITEMS Bill Lorenz will send a memo to Sue Filson regarding Byron Meade's repeated absence from the meetings and request that she take it to the BCC for final dissolution. Brad Cornell will write a letter to Commissioner Hancock concerning the voting requirements and Jan Stevens will set up an appointment to deliver the letter and meet with the Commissioner. SCHEDULED MEETINGS (1) EPTAB -November 10, 1997 at 4:00 p.m., Room 216 (2) Steering Committee -November 10, 1997 at 3:30 p.m., Room 216 (3) Resource Protection Committee - October 27, 1997 at 5:15 p.m., Room C (4) Growth Management - none scheduled ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD SIGN IN SHEET 1997 -: -o low 13) i\'i 7 EPTAB MEMBERS (Please initial beside your name) Steven Bigelow lw\e .c .c William E.J. McKinney N Bradley Cornell Byron J. Meade U.he" LC t Mike Delate 4 Monty Robinson M Brenda C. Fogel e s. ._ Michael Simonik Allen Kratz 104 fr'i Jan M. Stevensi __S- gr, Maureen McCarthy , r Staff Members Name Department e � 0- -' ;:w `'NQI r .c 'u,"-A__ ft figs 0AI A-1 / /00/,,Lti-nii-7 R°0-•14-t .-4,_ (NPC- OcAcke,.r 1,3.RS:. Public Name Minutes (yes/no) Address Phone No. t, '''..4.ri--N \N\-60---- - k A.,, Cot\v-cc-\.tc.A.,A_cy mo -amt:),_, LAEs NQ?Ies Qin hip Sens .. tt i -2.6 2---1-S-615) ADMINISTRATION §2-827 - us conferred by other laws and shall not be regarded DIVISION 2. STANDARDS FOR CREATION, as in derogation of any powers now existing or REVIEW AND MEMBERSHIP which may hereafter come into existence. This division, being necessary for the welfare of the Sec. 2.826. Policy declaration. inhabitants of the county, shall be liberally con- strued to effect the purposes hereof. It is hereby declared to be the policy of the board (Ord. No. 86 36;§ 11) of county commissioners to promote economy, ef- Secs. 2.662-2-815. Reserved. ficiency and improved service in the transaction of the public business by county boards. Nothing in this division shall be construed to prohibit or ARTICLE VIII.BOARDS, COMMISSIONS, restrict the commission from amending or abol- COMMITTEES AND AUTHORITIES* ishing, at any time, any board currently in exist- i ence or hereinafter created. DIVISION 1. GENERALLY (Ord. No. 86-41, § 1) € Secs. 2-816-2-825. Reserved. i Sec. 2-827. Definitions. *Cross references—Deferred compensation program com- a mittee,§2-112;airport authority,§ 18-36 et seq.;contractors' r licensing board,§22-165;disaster recovery task force,§38-26 The following words, terms and phrases, when et seq.; small city community development block grant pro- used in this division, shall have the meanings as- .. gram citizens advisory task force,§42-36 et seq.;community cribed to them in this section, except where the 9 block grant development program revolving loan fund loan context clearly indicates a different meaning: administrative committee, § 42-61; law library board of r trustees,§46-33;emergency medical services advisory council, Board includes every agency, advisory board, i v .,: §50-26 et seq.;environmental policy technical advisory board, ltboard, quasijudicial board, committee, 0 -- §54-26 et seq.;water pollution control advisory board,§54-60; regulatory , q j public health unit advisory board, §66-26 et seq.;food estab- task force or any other group created and funded 1 lishment review board,§66-92;library advisory board,§82-26 in whole or in part by the board of county corn- et seq.; parks and recreation advisory board, § 98-26 et seq.; missioners. L' pocket of poverty review committee, § 114-26 et seq.; local 1housing advisory committee, § 114-63; solid waste manage- ment advisory committee, § 118-26 et seq.;Golden Gate mu- 4Commission means the board of county commis nicipal services district advisory committee,§122-202;Ochopee sioners of the county. fire district advisory board, § 122-229; Westlake municipal services taxing unit advisory committee,§122-378;Immokalee Exempt includes ad-hoc study committees ap- lighting district advisory committee,§ 122-531;Isles of Capri pointed by resolution of the commission for a du- municipal fire services taxing district, § 122-609; Marco Is- ration of not more than one year and created to land Community Center municipal service taxing and benefit specific short-term function. unit advisory board, § 122-793; Marco Island beautification serve a s P municipal service taxing unit advisory committee,§ 122-898; (Ord. No. 86-41, § 2; Ord. No. 92-44, § 1) ' Golden Gate Parkway beautification municipal service taxing Cross reference—Definitions generally, § 1-2. unit advisory committee, § 112-1084; Marco Island Commu- '- nity Park municipal service taxing unit advisory committee,§ advisory board,div.5.13;historic/archaeological preservation 122-1159;advisory committee for Marco Island beach renour- board,div. 5.14. A ishment and public access municipal taxing unit and Marco Special act references—Planning commission, § 250-33; Island beachfront renourishment facilities municipal service board of zoning appeals, § 250-55; governing body of Jaudon taxing unit, § 122-1213;Lely Golf Estates beautification mu- Drainage District,§262-52;governing body of Immokalee Fire nicipal service taxing unit advisory committee, § 122-1448; Control District, § 262-167; governing body of East Naples 9 Marco Island beach renourishment and public access munic- Fire Control and Rescue District,§262-202;governing body of ipal taxing unit advisory committee,§ 122-1524;Pelican Bay Marco Island Fire Control District,§262-335;district board of municipal service taxing and benefit unit advisory committee, Big Corkscrew Island Fire Control and Rescue District,§262- § 122-1671 et seq.;forest lakes roadway and drainage munic- 442;governing body of Immokalee Water and Sewer District, ipal service taxing unit advisory committee, § 122.1801 et § 262-485; governing body of North Naples Fire Control and seq.; public vehicle board, § 142-29; public vehicle advisory Rescue District, § 262-520; governing body of Golden Gate committee, § 142-30. Fire Control and Rescue District,§262-574;governing body of Land development code references—Planning commis- Cow Slough Water Control District,§ 262-599. sion,div.5.2;board of zoning appeals,div.5.3;environmental CD2:29 Bradley Cornell 592-7805 (call firs 09/2.1/1997 11 :53:44 AM P.1 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD 556 109th Avenue, North Naples, FL 34108 September 21, 1997 Board of Collier County Commissioners Timothy Hancock, Chairman *** FILE COPY *** 3301 Tamiami Trail East Naples, FL 34112 RE: Recommended county support of the Big Marco Pass Critical Wildlife Area Dear Chairman Hancock and Commissioners: At its regular full board meeting on September 8, 1997, EPTAB unanimously voted to recommend Collier County support the Big Marco Pass Critical Wildlife Area. This support is in keeping with previous recommendations EPTAB has made to the BCC, including that of December 22, 1993. The question of support for this vital wildlife area has recently arisen in connection with communications between Mr. Francis J. Blanchard and Commissioner Norris, including the related response of Mark Robson(Florida Game and Freshwater Fish Commission) on September 2, 1997. The primary issue is protection of the 40-60 species of both wading and shore birds using the area, many of which are threatened or endangered with extinction. Because the area known as "Sand Dollar Island" (now a peninsula) is the only substantial nesting and resting area for these species between Naples and Flamingo, special consideration is necessary. In setting a protection priority on the Big Marco Pass area, these factors must be considered: 1. The Big Marco Pass area is used for nesting and resting by over 40 species of migratory and resident shore birds and waders. Species include the threatened least tern, snowy plover, and piping plover. Such frequent, consistent use testifies to the area's importance. 2. Many of the nesting species are ground nesters who require open sandy beaches with little vegetation, and removed from predator disturbance. Even occasional "flushings" will result in abandoned nests, crushed eggs, and even fatal exhaustion for migratory species. 3. There is not another shore bird area of this magnitude until you get to Flamingo. Intense human use of coastal areas throughout the ranges of these birds has resulted in unfortunately desperate circumstances for many of these species -- least terns have declined over 80% since the 1940's and wading birds have declined over 90% since the early 1900's. 4. Setting aside the area of the Big Marco Pass CWA for shore bird usage will not unduly compromise the enjoyment or use of the visitors and residents of Marco Island. To the contrary, the coexistence of humans and wildlife is usually seen as a very positive factor in outdoor recreation and tourism. The citizens of Collier County, we believe, want and support the protection of these unique natural resources and ultimately are not concerned with whether it is called a CWA or not. Therefore, EPTAB strongly recommends devoting county efforts and energy toward the nurturing and support of this well-known and vital wildlife area in Collier County. Very sincerely (1)(1;,+—& e.�1 ��r Cov,.,c,S6L (40 _ �0,,'2—. ��J e�.ra� �_ \-a \' -1 Bradley Cornell Chairman ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD 556 109th Avenue,North,Naples,FL 34108 September 15, 1997 Board of Collier County Commissioners Timothy Hancock, Chairman 3301 Tamiami Trail East Naples, FL 34112 RE: EPTAB recommendations concerning the proposed "Collier County Water Irrigation Ordinance" Dear Chairman Hancock and Commissioners: Please find attached a list of recommendations and suggestions approved by the Environmental Policy Technical Advisory Board for submittal to the Board of County Commissioners. The list or recommendations was developed with input from EPTAB, local landscape architects, landscape contractors, irrigation contractors,Big Cypress Basin Board officials, South Florida Water Management District officials, and the general public. EPTAB's recommendations and suggestions were originally sent to the Collier County Water Director by letter dated 7/30/97. As of 9/4/97,the resulting ordinance final draft included only one of the recommendations. One EPTAB recommendation should be particularly emphasized: This ordinance should be effective countywide, not just within the boundaries of the County Water/Sewer District. It is hoped that the boundary-less nature of water resources induces a more comprehensive approach to water conservation and management. EPTAB highly recommends the Board consider incorporating all the recommendations enumerated below. We believe they will help create a more comprehensive and effective water and irrigation conservation.ordinance. Please contact me with any questions or follow-up. Your thoughts and reactions are very much sought, and you would also be welcome at any EPTAB meetings. Respectfully submitted, Bradley Come Chairman cc: Mr. Robert Fernandez, County Administrator Mr. Ed Ilschner, Public Works Administrator Mr. Michael Newman, Water Director Mr. William D. Lorenz, Jr.,P.E.,Natural Resources Director MEMORANDUM TO: Board of County Commissioners, Timothy Hancock,Chairman FROM: Environmental Policy Technical Advisory Board, Bradley Cornell, Chairman RE: Recommendations concerning the proposed "County Water Irrigation Ordinance" DATE: September 15, 1997 Recommended additions: 1.) This ordinance should be effective countywide, not just within the County and Goodland water/sewer districts. [see Section Six: Irrigation Restriction Affected Areas] 2.) Designate the Ordinance as a water use and irrigation conservation ordinance, not as an"Irrigation is prohibited"type of ordinance. [see summary opening], and title it as: "The Collier county Water and Irrigation Conservation Ordinance" 3.) When Phase One water restrictions are imposed by the South Florida Water Management District anywhere within Collier county, all of the County will voluntarily impose the Phase One restrictions of watering three days per week, except for listed exemptions. 4.) Provide information to educate the general public about water conservation. [EPTAB recommends that, while this may not fit the scope of this ordinance in particular, staff should pursue this as a parallel program, and use money from code enforcement fines for both education and code enforcement. -- see Section Nine of the proposed ordinance.] a.) For example, a brochure to inform the public in general that only one inch of water per week is needed by landscape materials and how to adjust their sprinkler systems. One inch of water can generally be accomplished by watering only two or three times per week. b.) Encourage programs similar to the University of Florida's "Florida Yards and Neighborhoods". Recommended additional exemptions (insert into section seven): 1.) Low volume drip, sweat or emitter sub-surface irrigation systems controlled by in ground moisture sensor. 2.) Irrigation activities for dust emissions required by court, administrative actions or for safety and air pollution purposes. 3.) In 7.1.4 add"fertilizers"to the list for watering in, and"licensed maintenance contractors and County maintenance personnel"to the "applies to...". 4.) Irrigation activities related to maintenance of athletic fields and courts. Text changes: 1.) Section 7: (7.1.5) -- should read, "Landscape irrigation for the purpose of watering in newly planted vegetation for the first ninety(90) days after initial installation." NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: Clerk to the Board/Minutes&Records FROM: T`'Georgina Mausen, Senior Secretary Naturai Resources Department DATE: October 9, 1997 RE: Environmental Policy Technical Advisory Board (EPTAB)Recorded Meeting Minutes I am submitting the following cassette tapes to be filed by your office: 1. One (1) from the 9/15/97 Growth Management SubCommittee meeting. 2. One(1) from the 9/15/97 Resource Protection SubCommittee meeting. If you have any questions, please call me at 732-2505. gmm cc: EPTAB File miGGvZefi 3301 East Tamiami Trail • Naples, Florida 34112-4977 John C. Norris (941)774-8097 • Fax(941)774-3602 District 1 /c/tj)tri Timothy L. Hancock,AICP September 24, 1997 District 2 Timothy J. Constantine District 3 Pamela S.Mac'Kie District 4 Barbara B.Berry District 5 Mr. Michael A. McGee 1155 Morningside Drive Naples, FL 34103 Subject: Environmental Policy Technical Advisory Board Dear Mr. McGee: While convened in regular session on September 23, 1997,the Board of County Commissioners appointed your replacement to the subject advisory committee. On behalf of the Board of County Commissioners, I would like to take this opportunity to thank you for the fine work you have done as a member of the Environmental Policy Technical Advisory Board. Enclosed is a Certificate of Appreciation to represent our gratitude for your valuable assistance. Best wishes for success in your future endeavors. Very ly yours, Timothy aricoc.k, AICP, Chairman , Commissioner, District 2 TLH:sf Enclosure cc: William D. Lorenz, Jr., Environmental Services Director ��qq }R CENED i Y'i..:-�Qr'li...R OCT 0 6 1991 NATURAL RESOURCES DEPARTMENT ,ems -1 w. 5 vA li nt. • IA ,),....iii MF L a rii ril 0 :-) g -<, —,-... 4.,o r --_1 Eln4 c) c.n mv ,i 0 -rto rti % E np.tt, . 1.11 -r- = o< 11P.Nr. rti ,.._,,,1 z � . _ ti) CA "C r••� ~ �• ,, 4.‘14$:„ 4 � 0 rl Cs? CA ...... . 0 \,..__ ,..,: ,., .!, ..,, ill 1 'Iso * \ crit,l P>I i,M 1IPA ,c, i— ::., = tv g n ;L: 0 � � - � :, C*,_____I > t y k .:' I ; aa,AWI Wage: , FeLard Fow2/77,4,1.1u/ze,J t 9,,,...„---- ,. 3301 East Tamiami Trail • Naples, Florida 34112-4977 (941)774-8097 • Fax(941)774-3602 =_ John C. Norris District 1 Timothy L. Hancock,AICP District 2 Timothy J.Constantine District 3 September 24, 1997 Pamela 5.Mac'Kie District 4 Barbara B.Berry District 5 Ms. Maureen McCarthy 6075 Pelican Bay Boulevard, #501 Naples, FL 34108 Subject: Environmental Policy Technical Advisory Board Dear Ms. McCarthy: While convened in regular session on September 23, 1997,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, 2001, or at such time as the Board re-appoints 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 William 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 board. Vl7y yours, ----- ,- e Timothy ancock,AICP, Chairman Commissioner, District 2 TLH:sf RECBVED cc: William D. Lorenz, Jr., Environmental Services Director ' i' 2519 i NATURAL RESOURCES DEPARTMENT Maanial eadfe, Facet, Wammeai a,e 3301 East Tamiami Trail • Naples, Florida 34112-4977 (941)774-8097 • Fax(941)774-3602 C t ono" John C. Norris ti N� District 1 Timothy L. Hancock,AICP District 2 Timothy J. Constantine September 18, 1997 District 3 Pamela S.Mac'Kie District 4 Barbara B.Berry District 5 Mr.Bradley Cornell,Chairman EPTAB 556 109th Avenue,North Naples,FL 34108 SUBJECT: Environmental Policy Technical Advisory Board(EPTAB) Dear Mr. Cornell: I am in receipt of and have read your letter dated September 8, 1997,on behalf of EPTAB,requesting the Board's consideration to change Ordinance 91-26, Section 5 (B)the"quorum"section of the enabling ordinance,which states: "A simple majority of the appointed members of the EPTAB shall constitute a quorum for the purpose of conducting business. An affirmative vote of five(5)or more members shall be necessary in order to take official action,regardless of whether five(5)or more members of the EPTAB are present at a meeting." The reasoning behind this was that EPTAB members represent disparate interests, i.e. engineering, development,and environmental,etc. The thought was that a small number of this diverse group should not be able to control the decision-making.Members,having sought appointment, are supposed to be motivated, and attend EPTAB meetings; if members are not present,then the entire committee suffers. The Board of County Commissioners should be made aware of an attendance problem if one is occurring so that proper action can be taken to alleviate the problem. Since this is an 11 member committee,and only 6 members have to show up for a quorum,then that means only half the membership is attending meetings. Again, I thank you for bringing this matter to my attention. I look forward to working with you in the future and, in the meantime if you have any questions,or if you feel that I can be helpful to you in some other way, please do not hesitate to let me know. Ve ly yours, T mothy L. ock,AICP,Chairman Commissi• er,District 2 TLH:sf NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: Clerk to the Board/Minutes&Records FROM:, Georgina Mausen, Senior Secretary Natural Resources Department DATE: September 18, 1997 RE: Environmental Policy Technical Advisory Board • (EPTAB)Recorded Meeting Minutes I am submitting the following cassette tapes to be filed by your office: 1. One (1)from the 9/4/97 Growth Management SubCommittee meeting. 2. One (1) from the 9/4/97 Resource Protection SubCommittee meeting. 3. One (1)from the 9/8/97 EPTAB meeting. 4. One (1) from the 9/8/97 Steering Committee meeting. If you have any questions, please call me at 732-2505. gmm/Minutes& Records Memo NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: Sue Filson, Administrative Assistant to the BCC FROM: William D. Lorenz/ , Jr.,r. P.E., Director Natural Resources Department DATE: September 9, 1997 RE: EPTAB Membership Recommendation On September 8, 1997, EPTAB considered the resumes of Brenda Dejong and Maureen McCarthy and voted unanimously to recommend Maureen McCarthy to fill the position vacated by Michael McGee. Attached is a summary of expertise for each candidate. Note that Mrs. McCarthy has been involved in the mangrove restoration issue in Pelican Bay. The area of expertise that best addresses Mrs. McCarthy's activities is ecology. WDL/gmm cc: EPTAB File EPTAB Applicants MEMBERSHIP AREAS OF EXPERTISE SECTION 54-28 COUNTY CODE NAME: DEJONG MCCARTHY* PAST EXPERIENCE AIR QUALITY BOTANY COASTAL PROCESS ECOLOGY ESTUARINE PROCESS HAZARDOUS WASTE HYDROGEOLOGY HYDROLOGY HYDRAULICS POLLUTION CONTROL X SOLID WASTE STORMWATER WATER RESOURCES WILDLIFE MANAGEMENT ZOOLOGY LAND-USE LAW LAND-USE PLANNING *No demonstrated area of technical expertise shown on resume ENVIROMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: September 8, 1997 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 - August 11, 1997 IV. ANNOUNCEMENTS V. OLD BUSINESS a. ACOE-PEIS VI. STANDING COMMITTEES A. COMMITTEE REPORTS (1) Steering Committee - Mike McGee (2) Resource Committee -Mike Simonik (3) Growth Management -Mike Delate B. SPECIAL PROJECT COMMITTEE REPORTS (1) NRD Budget -Bill McKinney VII. NEW BUSINESS a. Subcommittee Assignments -. t ,...1 II, 3t VIII. PUBP,IC COMMENT a(A5 s IX. ADJOURNMENT -1.10 �' It (Do C �{U -1 cy. Y .I 34- nM`1?„:„ r.,4 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD SIGN IN SHEET SEPTEMBER 8, 1997 EPTAB MEMBERS (Please initial beside your name) zz,ov__ Steven Bigelow William E.J. McKinney Bradley Cornell &C-' Byron J. Meade 41111 Mike Delate 4 Jifk Monty Robinson ' 'V I - --)7-K - . . Brenda C. Fogel _'!. Michael Simonik Allen Kratz , Jan M. Stevens 0 Mike McGee /- '' DRAFT: 9/08/97 APPROVED: 10/13/97 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD SEPTEIkeWat 8; 1997 MINUTES PRESENT: Brad Cornell Allen Kratz Monty Robinson Mike Delate Mike McGee Mike Simonik Brenda Fogel Bill McKinney Jan Stevens ABSENT: Steven Bigelow Byron Meade STAFF: Bill Lorenz Georgina Mausen PUBLIC: Brian Marsh (Conservancy) I. Meeting called to order. II. Roll call. III. Approval of meeting minutes - August 11, 1997: Approved. NOTE: Brad Cornell made an adjustment to the EPTAB agenda under New Business: add b) New Applicants and c) Byron Meade. IV. ANNOUNCEMENTS Bill Lorenz announced that the Resolution supporting the construction of a quarantine facility is on the BCC agenda for tomorrow as a regular agenda item. V. OLD BUSINESS a. ACOE-PEIS -Bill Lorenz gave an overview of this item to EPTAB. VI. STANDING COMMITTEES A. COMMITTEE REPORTS EPTAB Minutes Cont. 9/8/97 Page 2 (1) Steering Committee - Mike McGee: The Steering Committee is trying to form an annual work plan for EPTAB. A draft copy of the work plan was provided to EPTAB members and Mike McGee gave an overview. Mike is trying to get the subcommittees to review the items before it gets to the full EPTAB board. Brenda Fogel volunteered to be a liaison with Bill Lorenz for the Water Conservation Strategy to brainstorm with him and report back to the Resource Protection Subcommittee & ultimately to EPTAB. The purpose and scope is to propose some recommendations for reducing water demands in the county. The next Steering Committee meeting is scheduled for October 13th at 3:30 p.m. in Room 216 on the 2"d floor. (2) Resource Protection -Mike Simonik: Committee met last Thursday and discussed the Water Irrigation Ordinance. Mike McGee was given direction from the full board to send all of the subcommittee comments to Mike Newman. Mike McGee recommended that EPTAB forward the same set of recommendations that EPTAB forwarded to Mike Newman onto the BCC for them to review and consider applying to the Ordinance. Brad Cornell motioned to send the letter with the recommendations that were sent to Mike Newman onto the BCC. Motion passed 9:0. Mike Simonik discussed Sand Dollar Island and the designated Critical Wildlife Area designated by the Game & Fish Commission. Mike Simonik made a motion that EPTAB support Sanddollar Island to be maintained by the Game & Fish Commission to be disignated as a Critical Wildlife Area. Motion passed 9:0. Brad Cornell will write a letter to the BCC stating our position now and follow up later, if necessary. The next Resource Protection meeting is scheduled for September 15th at 5:15 p.m. in Room C on the third floor. EPTAB Minutes Cont. 9/8/97 Page 3 (3) Growth Management - Mike Delate: Discussed the Department of Community Affairs response to the EAR Amendments for the County's Growth Management Plan. The next Growth Management meeting is scheduled for September 15th at 4:00 p.m. in Room C on the third floor. B. SPECIAL PROJECTS COMMITTEE REPORTS (1) NRD Budget -Bill McKinney: No meetings are necessary at this time. VII. NEW BUSINESS (a) Subcommittee Assignments: Jan Stevens will now serve on the Resource Protection Committee. (b) New Applicants: Mike Simonik recommended Maureen McCarthy to replace Mike McGee's vacant position. Approved 8:0. (c) Byron Meade: Mike Simonik made a motion to propose to the BCC that Byron Meade be removed from EPTAB. Motion passed 8:0. VIII. PUBLIC COMMENT IX. ADJOURNMENT -Meeting ended at 5:35 p.m. The next meeting is scheduled for 10/13/97 at 4:00 p.m. WDL/gmm/EPTAB Minutes SUMMARY OF ACTION EPTAB MEETING 9/8/97 MOTIONS (1) Brad Cornell motioned to send EPTAB's letter with the PASSED 9:0 recommendations that were sent to Mike Newman onto the BCC. (2) Mike Simonik made a motion that EPTAB support PASSED 9:0 Sand Dollar Island to be maintained by the Game & Fish Commission to be designated as a Critical Wildlife Area. (3) Mike Simonik recommended Maureen McCarthy to replace PASSED 8:0 Mike McGee's vacant position. (4) Mike Simonik made a motion to propose to the BCC that PASSED 8:0 Byron Meade be removed from EPTAB. ACTION ITEMS Brad Cornell will write a letter to the BCC stating EPTAB's position now on Sand Dollar Island and follow up later, if necessary. SCHEDULED MEETINGS (1) EPTAB - October 13, 1997 at 4:00 p.m., Room 216 (2) Steering Committee - October 13, 1997 at 3:30 p.m., Room 216 (3) Resource Protection Committee - September 15, 1997 at 5:15 p.m., Room C (4) Growth Management - September 15, 1997 at 4:00 p.m., Room C W W Dpeep F F Gp1 L/ . 3301 East Tamiami Trail • Naples, Florida 34112-4977 404#74ri John C. Norris (941)774-8097 • Fax(941)774-3602 CUg10y District 1 Timothy L. Hancock,AICP District 2 Timothy J.Constantine District 3 September 2, 1997 Pamela S.Mac'Kie District 4 Barbara B.Berry District 5 Mr. Bradley Cornell, Chairman Environmental Policy Technical Advisory Board 556 109th Ave.N. Naples,FL 34108 Re: Your correspondence received August 14, 1997 Dear Mr. Cornell: I have copied your correspondence to all members of the Board of County Commissioners for their review. I would like to thank you and the members of the Environmental Policy Technical Advisory Board for your careful review of the proposed document. I will consider your recommendations as this matter comes before the Board of County Commissioners for action in the near future. Although I agree with the intent of some of your recommendations,the result would in all likelihood produce an unworkable and overly restrictive document such as the ADID. By focusing predominantly on the environmental issues and failing to recognize the fiscal and individual rights that will be impacted by the study results,the study is certain to be detrimental to our community. My personal goal is for the Corps of Engineers to prioritize the system-wide approach to environmental permitting. I think we all recognize the necessary level of protection for ecological and wetland systems while we experience the continued failure of the attempt to protect isolated and insubstantial remnants. It is my sincere hope that this reapplication of focus occurs as the study moves forward. Thank you once again for your input on this matter and should you have additional questions or concerns,please do not hesitate to contact my office. Sincerely, "(If-7,/k/ - Timothy L. ancock,AICP Chairman Commissioner District 2 TLH:vgr cc: Board of County Commissioners Bradley Cornell 592-7805 (call firs 08/13/1997 10:37 :25 AM P. 1 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD 556 109th Avenue North, Naples, FL 34108 August 13, 1997 Commissioner Timothy Hancock, Chairman Collier County Board of Commissioners 3301 E. Tamiami Tr. Naples, FL 34112 Re: EPTAB Review of the EDC Revised Memorandum of Understanding(MOU) for the Environmental Impact Statement(EIS) for Southwest Florida Dear Commissioner Hancock: The Collier County Environmental Policy Technical Advisory Board (EPTAB) has reviewed the revised memorandum of understanding prepared by the Chamber/EDC Coalition. EPTAB believes the changes made to clarify the memorandum are for the most part an improvement on the original. EPTAB, however, has concerns regarding some of the deletions and additions that have changed the intent of the original memorandum that was crafted with your direct input. These changes may have a detrimental affect on the environment of Collier County unless they are properly addressed. Specifically, EPTAB recommends the following revisions to the revised memorandum: ➢ Line 33: Revise by retaining original language Reason: In order to save endangered species from extinction it is important to preserve critical habitat. ➢ Lines 52-61: Revise by retaining original language Reason: The meaning of this paragraph is changed significantly. The original intent was to coordinate better with the Corps in the Comprehensive Planning process. Conflicting Plans lead to uncertainty for the public and development community. ➢ Line 68: Strike "Estero River Basin" and replace with "Southwest Florida" Reason: The original intent was to allow for the open public scoping process to determine which areas or water management basins are in need of being included in the study area. Certain portions of Collier County(particularly sections of north Golden Gate,Estates which recently lost its Corps' General Permit) should potentially be included and not eliminated before public comment. Bradley Cornell 592-7805 (call firs 08/13/1997 10:37 :25 AM P.2 ➢ Lines 101-105: Revise as follows: "The purpose and need of the EIS shall be to review secondary and cumulative impacts of development on natural resources while providing the opportunity to streamline the environmental permit system." Reason: Protection of the environment should be given paramount importance. It is not in the public's general interest to streamline the permitting process over protecting the coveted natural environment of Southwest Florida. A likely outcome of the EIS will be a streamlined process, but this should not be the primary purpose of conducting the EIS. ➢ Line 110-111: Revise as follows: "The geographical area of the EIS shall be specifically defined and approved " Strike reference to Estero River Basin. Reason: Again, the scoping process should determine the boundaries. ➢ Line 118: Strike "indirestL and replace with "secondary" Reason: Indirect is not well defined, whereas secondary has a specific definition relative to environmental impacts. ➢ Line 152: Revise as follows: "....binding decisions on jurisdictional delineations or listed species surveys in permit applications until such...." Reason: In order to clarify the intent of the paragraph, it should be made clear theat the binding decisions are on delineations or surveys in applications and not binding decisions in preparation of the EIS. ➢ Line 190: Revise as follows: "..of any development which has obtained a valid permit or application...." Reason: An expired permit should not grandfather a project from stipulations of the EIS. ➢ Lines 204-207: Strike added language. Reason: This statement is vague as to the definition of what is detrimental impacts, who will make that determination and the time frame involved. ➢ Line 217: Revise by retaining original language. Reason: The welfare and needs of the general public include are not limited to property rights but include other tangibles and intangibles. EPTAB recommends these revisions to the EDC/Chamber draft of the Memorandum of Understanding in order to better protect Collier County's interests in the preparation of the EIS. If you have any questions regarding this letter, please feel free to contact me. Sincerely, s/Bradley Cornell Chariman, EPTAB DRAFT: 8/11/97 APPROVED: 9/08/97 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AUGUST 11, 1997 MINUTES PRESENT: Brad Cornell Brenda Fogel Bill McKinney Mike Delate Mike McGee Mike Simonik EXCUSED ABSENT: Allen Kratz Jan Stevens ABSENT: Steven Bigelow Byron Meade Monty Robinson STAFF: Bill Lorenz Georgina Mausen PUBLIC: Jill Greenfield I . Meeting called to order. II . Roll call . Bill Lorenz will send a letter to Byron Meade informing him of EPTAB' s attendance requirements . III . Approval of meeting minutes - July 14, 1997 : Approved. IV. ANNOUNCEMENTS Mike McGee announced that his term expires on September 30, 1997 and he will not be reapplying for another term. He will be attending the 9/30 meeting, but it will be his last . Bill McKinney urged other EPTAB members to attend the Steering Committee meetings to seek a replacement for Mike McGee on that committee as chairman. V. OLD BUSINESS a. EPTAB' s Consolidation - Bill Lorenz stated that he and Vince didn' t think the consolidation was worth pursuing, given the information received from EPTAB EPTAB Minutes Cont. 8/11/97 Page 2 and the split vote from the EAB. The issue is off the table. b. Voting Requirements - Bill Lorenz stated that he thinks that Brad Cornell should write a letter to the Chairman of the Board requesting the BCC give direction to the County Attorney' s Office to amend the Ordinance . Bill will confirm this approach and call Brad. c. ACOE-PEIS - Mike Delate presented EPTAB with a draft letter to the BCC listing EPTAB' s comments on the proposed Memorandum of Understanding (MOU) with the ACOE. Motion to send the MOU for the Environmental Impact Statement (EIS) with revisions to the BCC passed 6-0. Brad Cornell will make the changes and send the letter to the BCC Chairman. d. Water Conservation Ordinance - Mike McGee sent the proposed Collier County Water & Irrigation Conservation Ordinance to Mike Newman on June 30th, and to date, has not received a response. Mike McGee will follow up on this . VI . STANDING COMMITTEE REPORTS A. COMMITTEE REPORTS (1) Steering Committee - Mike McGee: The Steering Committee suggests that the "Rural PUD District" criteria be assigned to the Growth Management Committee. They are trying to develop a timeline for the different projects & issues that are coming forth. Mike McGee will get with Bill Lorenz on the list they prioritized earlier to see if they can come up with some kind of timeline on when to address certain items and when to go back and review other projects that have been implemented. Mike McGee will have a draft copy for the next meeting. EPTAB Minutes Cont. 8/11/97 Page 3 The next Steering Committee meeting is scheduled for September 8th at 3:30 p.m. in Room 216 on the 2nd floor. (2) Resource Protection - Mike Simonik: Already covered the Water Conservation Ordinance in the subcommittee meeting. The NRPA and HPO initiative will be reviewed by the Growth Management Committee as part of the review of the "Rural PUD District" criteria. The next Resource Protection meeting is scheduled for September 4th at 5: 15 p.m. in Room C on the third floor. (3) Growth Management - Mike Delate: No report was given. The Committee will discuss the ORC Report . Bill Lorenz will obtain the Agency comment letters for distribution. The next Growth Management meeting is scheduled for September 4th at 4 :00 p.m. in Room C on the third floor. B. SPECIAL PROJECTS COMMITTEE REPORTS (1) NRD Budget - Bill McKinney: No meetings are necessary at this time. VII . NEW BUSINESS VIII . PUBLIC COMMENT IX. ADJOURNMENT - Meeting ended at 5: 00 p.m. The next meeting is scheduled for 9/8/97 at 4 :00 p.m. WDL/gmm/EPTAB Minutes SUMMARY OF ACTION EPTAB MEETING 8/11/97 MOTIONS (1) Motion to send the MOU for the Environmental Impact Statement (EIS) with revisions to the BCC PASSED 6:0 ACTION ITEMS Bill Lorenz will send a letter to Byron Meade informing him of EPTAB's attendance requirements. SCHEDULED MEETINGS (1) EPTAB - September 8, 1997 at 4:00 p.m., Room 216 (2) Steering Committee - September 8, 1997 at 3:30 p.m. , Room 216 (3) Resource Protection Committee - September 4, 1997 at 5:15 p.m., Room C (4) Growth Management - September 4, 1997 at 4:00 p.m., Room C toms...„N Southwest Florida Regional Planning Council 4980 Bayline Drive, 4th Floor, N.Ft.Myers, FL 33917-3909 (941) 656-7720 P.O. Bog 355, N. Ft Myers, FL 33918-34.55 STTNCfM 74Q72.1 r� FAX 941-656-7724 c = ) u u l5 f�f ! l) June 18, 1997 c t _ — 8 1007 ; CAMr. D. Ray Eubanks Planning Manager • Department of Community Affairs ��?,��`'` a 2555 Shumard Oak BoulevardQ��N� P") B Tallahassee, Florida 32399-2100 � Dear Mr. Eubanks: Collier County/DCA 97-1 ER The Southwest Florida Regional Planning Council has reviewed the amendments to the Comprehensive Plan of Collier County which were based upon the 1996 evaluation and appraisal report (EAR). That review was performed according to the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act. A copy of the official SWFRPC recommendations is attached. This matter will be reviewed by Council as agenda item 3(h) at its meeting on June 19, 1997. The official recommendations are unchanged from the staff recommendations. Sincerely, Sout west Florida Regional Planning Council 1111L1-% (I/1e . Datry Executive Direct.r WED/DMF Attachment c:Vince Cautero, Collier County Community Development Director Printed on Recycled Paper Agenda Item 3(h) LOCAL GOVERNMENT COMPREHENSIVE PLAN AMENDMENTS COLLIER COUNTY The Council staff has reviewed the amendments to the Collier County Comprehensive Plan which were developed as a result of the 1996 Evaluation and Appraisal Report process, under the Local Government Comprehensive Planning and Land Development Regulation Act. (A synopsis of the requirements of the Act and Council responsibilities is provided as Attachment I.) Comments are provided in Attachment II. Staff review of the proposed amendments was based on whether they were likely to be of regional concern. This was determined through assessment of the following factors: 1. Location—in or near a regional resource or regional activity center, on or within two miles of a county boundary; generally applied to sites of five acres or more; size alone is not necessarily a determinant of regional significance; 2. Magnitude—equal to or greater than 80% of the county threshold for a development of regional impact of the same type (a DRI-related amendment is considered regionally significant); and 3. Character—of a unique type or use, directly identified as a use of regional significance, or a change in the local comprehensive plan that could be applied throughout the local jurisdiction. Since these proposed amendments affect many parts of the County's comprehensive plan, overall, they are regionally significant. SWFRPC staff review of the proposed amendments concluded that they are consistent with the SWFRPC Strategic Regional Policy Plan. (As noted above, additional comments are provided in Attachment II.) RECOMMENDED ACTION: Approve staff comments. Authorize staff to forward comments to the Department of Community Affairs and Collier County. 6/97 l Agenda Item3(h) Attachment LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT Local Government Comprehensive Plans The Act requires each municipal and county government to prepare a comprehensive plan that must include at least the following nine elements: 1. Future land use element; 2. Traffic circulation element; A local government with all or part of its jurisdiction within the urbanized area of a Metropolitan Planning Organization shall prepare and adopt a transportation element to replace the traffic circulation; mass transit; and ports, aviation, and related facilities elements. [9J-5.019(1), FAC] 3. General sanitary sewer, solid waste, drainage, and potable water and natural groundwater aquifer recharge element; 4. Conservation element; 5. Recreation and open space element; 6. Housing element; 7. Coastal management element for coastal jurisdictions; 8. Intergovernmental coordination element; and 9. Capital improvements element. The local government may add optional elements (e. g., community design, redevelopment, safety, historical and scenic preservation, and economic). All local governments in Southwest Florida have adopted revised plans: Charlotte County, Punta Gorda Collier County, Everglades City, Naples Glades County, Moore Haven Hendry County, Clewiston, LaBelle Lee County, Cape Coral, Fort Myers, Fort Myers Beach*, Sanibel Sarasota County, Longboat Key, North Port, Sarasota, Venice Comprehensive Plan Amendments A local government may amend its plan twice a year. (Amendments related to developments of regional impact, certain small developments, compliance agreements, and the Job Siting Act are not restricted by this limitation.) Attachment I,Page 1 Agenda Item 3(h) Attachment I Six copies of the amendment are sent to the Department of Community Affairs for review. A copy is also sent to the regional planning council, the water management district, the Florida Department of Transportation, and the Florida Department of Environmental Protection. [s. 163.3184(3)(a)] The proposed amendment will be reviewed by DCA in two situations. In the first, there must be a written request to DCA. The request for review must be received within forty- five days after transmittal of the proposed amendment. [s. 163.3184(6)(a)] Review can be requested by one of the following: the local government that transmits the amendment, the regional planning council, or an affected person. In the second situation, DCA can decide to review the proposed amendment without a request. In that case, DCA must give notice within thirty days of transmittal. [(s. 163.3184(6)(b)] Within five working days after deciding to conduct a review, DCA must forward copies to various reviewing agencies, including the regional planning council. Is. 163.3184(4)] Regional Planning Council Review The regional planning council must submit its comments in writing within thirty days of receipt of the proposed amendment from DCA. It must specify any objections and may make recommendations for changes. The review of the proposed amendment by the regional planning council must be limited to "effects on regional resources or facilities identified in the strategic regional policy plan and extrajurisdictional impacts which would be inconsistent with the comprehensive plan of the affected local government." [s. 163.3184(5)] After receipt of comments from the regional planning council and other reviewing agencies, DCA has thirty days to conduct its own review and determine compliance with state law. Within that thirty-day period, DCA transmits its written comments to the local government. As a newly incorporated local government, Fort Myers Beach must establish a local planning agency within one year after incorporation,and prepare and adopt a comprehensive plan within three years after the date of incorporation.A county comprehensive plan shall be deemed controlling until the municipality adopts a comprehensive plan. (s. 163.3167(4), Florida Statutes) NOTE: THE ABOVE IS A SIMPLIFIED VERSION OF THE LAW. REFER TO THE STATUTE (CH. 163, FS) AND THE RULE (9J-11, FAC) FOR DETAILS. Attachment I, Page 2 . ECOSYST91 MANAGEMENT Fax:904-922-53 Jun 25 '97 5:24 P.02/09 p RtutECto0 De pa menu of II,f . k ` ` , ` EnvironmenaI Protection I Marjory Stone n Douglas Building Lawton Chiles 3900 Commonwealth Bo ilevard Virginia B.Wetherell Governor Tallahassee, 'Florida 32399-3000 Secretary Jund 25, 1997 . Mr. D. Ray Eubanks Department of Community Affairs • Bureau of Local Planning • 2555 Shumard!Oak Boulevard Tallahassee,Florida 32399-2100 Re: Proposed Amendment to the Collier County Comprehensive Plan,DCA 97-1ER I Dear Mr. Eubanks: i The Office of Ecosystem Managem�en4 of the Department of Environmental Protection has reviewed the above-referenced amendmert Minder the required provisions of Chapter 163,Part II, Florida Statutes, and Chapter 9J-5 and 9J=.19J=.111;„Florida Administrative Code. Our comments and recorr>mendatioits arc provided to assist your agency in developing the •state's response. I Please call me at(904)487-2231 if yoµhave any questions about this response. i Sincerely, : . z7V--D 1\fr-/c-e-e--- .•1. _ amela P.McVety I Executive Coordinator , Office of Ecosystem Management • Attachment .• • • • • • 1 •• • "Protect, Conserve and Manage Florida's Enviroirment and Natural Resource " Printed recycled paper. ECOSYSTEM MANAGEMENT Fax:904-922-53 Jun 25 '97 5:25 P.03/09 • DEPARTMENT OF ENVIRONMENTAL PROTECTION RESPONSE TO PROPOSED AMENDMENT 97-1ER OF THE COLLIER COUNTY'COMPREHENSIVE PLAN Comments: 1. Initially,the County had established a completion date of August 1, 1994 for accomplishment of Objective 1.3. The purpose of this.particular ob3ective was to delineate and gather data regarding management guidelines and asplenentation of the County Natural Resources Protection Areas(NRPA)program. However,.the County is proposing to delete the specific completion date and substitute the wording"Continue with, which may not generate an end product that can be used as the intendedj:guideline for protecting Natural areas within the County. Policy 1.3.2:is similarly worded as"Continue with management guidelines for the undeveloped coastal barrier and estuarine natural resources protection area." It is recommended that the County establish a date specific for completion of the above- referenced guidelines which are necessary or continuous protection of valuable natural resources in both the coastal zone and throughout:the county. .If is also recommended that the County work with the Army Corps of Engineers(COE),pother participating agencies, and members of the public, to develop a cooperative agreement which will'comprehensively evaluate the effects of development on the environment in order to facilitate appropriate prescriptions for protecting its remaining valuable resources. 2. The county proposes to facilitate the;installation of package wastewater treatment plants by adding flexibility to Policy 1.5.2 which allow package treatment plants in areas which are currently assigned an Agricultural/Rural density on the Future Land Use Map. The Growth Management Plan states that the AgriculturaiJRuralLand Use Designation is for those areas that are remote from the existing development pattern,lack public facilities and services, are environmentally sensitive or are in agricia Kral production. This proposed amendment will expose more than 300 square miles of Agricultural/Rural.Designated land to increased development pressures. A significant portion of this area has an"Areas of Environmental Concern" Overlay and includes The Big Cypress Area of Critical State:Concern. This amendment does not seem to fully consider impacts to environmentallly sensitive lands, pressures on agricultural lands, and the need to utilize land which is already withinjthe Urban Designated Areas of the County. The increased use of package treatment plants will enable development of isolated pockets of land at urban densities throughout the Agricult ral/Rural Designated Areas. On-site sewage disposal may be more amenable in some of these areas. If correctly installed in suitable soils and properly maintained in developments of lower density, on-site sewage disposal would pose no environmentalor public health and safety threat to Collier County's Agricultural/Rural Designated Area. Currently, the Growth Management Plan limits density in these areas to one unit per five acres "...in an effort to maintain and promote the rural character of these lands." The Urban Designated Area should be the focal point for development as there are currently 80,000 residential units reportedly approved within the Urban Designated Area which remain vacant. The Department of Environmental Regulation, one of:this agency's predecessor agencies, performed a study of water quality problems in the Indian River Lagoon System, entitled Water Quality Threats from Package Wastewater.. Treatment Plants, dated July 1, 1991. This particular study was to satisfy the requirements of Chapter 90-262, Laws of Florida,by identifying pollution sources within the Indian River Lagoon. It was pointed out in the study that 155 package treatment plants out of the total 322 were'determincdsince y;to have the potential to threaten the water ground groundwater within thevareLagoon which was hydro gically connectted to the Lague This is an nr . . ECOSYSTEM MaNRGEMENT Fax:904-922-53 Jun 25 '97 5:26 F.04/09 12 example of an area which did not benefit fro the proliferation of package treatment systems, and is now attempting to remedy the long term pr ems. hich were created by short term solutions. The elimination of this problem will be exp 've for tie community. Although package wastewater treatmentplan s may present a short term solution to locating structures in areas which are unsuitable foriseptic tanks, they are fraught with problems related to operational efficiency. Experienced engineers staff Ni.ithin this department have for decades witnessed problems with package treatment systems.. They have provided information related to those problems which are enumerated inthe attached later to Mr. Mike McDaniel, dated November 3', 1992, entitled Overview of the use of Package,Plants. It is recommended that Collier county rethink its policies related to encouraging the extensive use of package treatment plants which may prematurely open up..Sensitive areas for development. Where septic tanks are not suitable,.and where there is no central wastewater treatment system which is routinely maintained and operated by competent Operators,it is 6uggested that the land uses might be better left in agricultural or estate densities. 3. EAR amendments have not addressed the problemof high fecal coliform counts in the Marco Island canal system. According to the county's 1992.Seater quality sampling report findings on page 34 of the Marco Island Master Plan,there is&high probability that properties which are now serviced by septic tanks within the Marco Island area are contaminating the groundwater and adjacent Class II surface waters, in violation of State.Water Quality Standards. Also, this department's report entitled,Southeast and South Florida District Water Quality Assessment, 1994 305(b) Technical Appendix, indicates that among other sources of contaminants, "Canals draining urban areas are also affected by;urban runoff and septic tank leachate". It has been the experience of this agency that septic tanks located in areas with porous soils, high water tables and in close proximity to surface waters;will ultimately contaminate those ground and surface waters. In addition to high fecal coliform counts it is not unusual for watersheds to experience high levels of nutrients which speed the eutrophication of receiving water bodies which have limited circulation. 1 This situation is not consistent with theFla rida Water Plan 1995, Water Supply Strategy 4.2, which recommends that the state"...continue to regulate and manage discharges to ground and surface waters to protect maintain, and improve their quality for water supply, environmental protection and other beneficial purposes." . Consideration of wastewater treatment plant expansion should be paramount to the continued development of this environmentally sensitive area which impacts Henderson Creek,Rookery Bay:and other water bodies. It is recommended that the county enter into an interlocal agreement with Marco Island for the purpose of expanding its wastewater treatment systeiri and eliminating on-site sewage disposal within,the Marco Island area at its earliest opportunity'. This agency continues to administer the State Revolving Loan Fund at very favorable interest rates for cities and counties that desire to expand sewage treatment facilities. Assistance can bei provided by this agency's Bureau of Water Facilities Funding within the Division of Water Facilities ties at(904)488-8163. 4. Objective 6.1, Section V,page C-I-19 indicates that By June 1, 1998, the County will identify, define, and prepare development standards and criteria for all important native habitats. However,the supporting Policy 6.1.8 states that `Incentives should(emphasis added)he created which would allow development to contin ie.but at the same time would also insure that some of the most ecologically sensitive habitat and rvegetative communities are retained." Further, Policy 6,3.4 within that objective states that"Wetlands should(emphasis added)be delineated according ' The County's Adequate Public Facilities Ordinance hould be one of the guiding principles to assure the provision of necessary public facilities serving this development, concurrent with the impacts being realized within the developmer+(t. I 1 ECOSYSTat MANAGEMENT Fax:904-922-53 Jun 25 '97 5:2? P.05/09 3 to Sections 373.019 ...and... 373.421 Florida Statutes.' The word "should" in the above policies is tentative in nature and does not require coLnty action by a date specific. It is recommended that the county substitute the word)shall for should wherever it appears in order to better indicate its commitment to protect important habitats. A date specific should also be added to complete the accomplishment of policies which support the objective. 5. The wording in Policy 6.1.9 is also tentati'e in nature and states, "In the event that the county adopts an open space recreational system, eonstderatidnshould be given to incorporating the linkage and protection objectives of the retained habitat." Because of the abundance of critical habitat and natural resources in Collier County, it is recommended that the County develop an open space plan which can serve as a passive recreational system as well as for protection of valuable habitat. The County could work toward accomplishment of multiple objectives by retaining natural vegetative buffers which would help protect surface waters from polluted stormwater runoff and serve as natural habitat for protected species in the county. This practice would be more effectual if tied to the Future Land ase Map, and articulated as land use policies and objectives. 6. Within the Golden Gate Area Master Plan, the County proposes deleting Goal 2, which states, "The County recognizes that Southern Golden Gate;Estates(SGGE), that area which lies south of State road 84 to US 41 is an area of special environmental sensitivity and hydrologic importance and that restriction of development and strict regulation of uses is necessary to prevent great harm to the public health, safety and welfare. The County,shall develop an interim strategy for protecting its resources, promoting the restoration of SGGE, and assisting in the State's land acquisition and panther recovery efforts:" The County's existing Objectives and Policies related to this Goal support this intent by restricting public infrastructure in SGGE, promoting coordination with DNR(now DEP) in an effort to assist the State's acquisition of privately owned property within SGGE and to the extent consistent with recognition of existing private property rights. However, the County indicates that it intends to delete Goal 2, and all Objectives and Policies related thereto. • • This agency recommends that Collier C©urity retain Goal 2 and all of its supporting Objectives and Policies. We are not aware of any changes in SGGE which would alter the environmental sensitivity of the area described in the County's Goal 2. This Department has been attempting to procure properties in the SGGE area, but subject to the legal procedures and due process which are designed to establish fair market value between a willing seller and a willing buyer. The process has necessitated appraising the properties, Malang meaningful offers to landholders in the area and awaiting a reasonable period of time for their acceptance or rejection of the offer. The Department has recently entered into settlement negotiations with representatives of plaintiffs in two pending lawsuits. The primary focus of that agreement is a reappraisal of all of the SGGE arca. Timelines are being established as part of the settlement and it is requested that the County continue to support the State's efforts to protect and Manage these important lands. cdleAr3 • : il . . ECOSYSTEM MANAGEMENT Fax:904-922-53• Jun 25 '97 5:27 P.06/09 oN- M N 7671paa R d i " 4�� P stir Fax Note of a ---iFlorida ,Departmer . ' D�h f "'.t�Qti "#f°t/ i f iirj��. .tv!.04"' Twin Tbwers Office Bldg. • 26C ; 1+one Coa+ t ii•• p Lawton Chiks,Govcrna Fu r Fax r lvF Of ft o.> • I November 3,', 1992 Mike McDaniel • Comaunity Program Administrator Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2;100 Re: overview of the use of. Package: Plants Dear Nr. McDaniel: • In response to your request for more information concerning the use and impacts of domestic wastewater treatment facilities commonly known afsi"package" plants, we have reviewed the topic and interviewed wastewater, engineers from each of our FDER district offices and offer the following comments. First, the Department .does not provide a particular definition for what constitutes a "*package plant". Instead, we divide wastewater facilities into' three separate classes. (Found in F.A.C. , 17-600, attached): ., Type I Facility meansa ;.wastewater facility having a permitted capacity of : 500,000 .,gallors per day (GPD) or greater. • Type II Facility means a wastewater facility having a permitted capacity of' 100, 000 ;.and up to, but not including, 500, 000 GPD. : Type III Facility meanslia wastewater facility having a permitted capacity of: over 2,000 and up to, but not including, 100, 000 GPD.; I Type III facilities are by general consensus looked upon as package plants. These pp ants are often designed, sold and constructed as pre-establisli'ed packaged systems. Type II facilities represent a transition and some are certainly considered package plants. 1TYpe .rfacilities, 500 , 000 GPD and above are generally not viei4ed as package plants, though via modular design and construction some at this size are assembled and expanded following a "prepackaged" approach. • . A.gfUI A Aspic •'Il I ECOSYSTEM h*PO MENT Fax:904-922-53 m 25 '97 5:23 P.07%09 • • The EPA stakes the distinction between major and dminor Per facilities at the 1 million gallons ger day (MGD) mark. distinctions between larger In .Florida, importantwastewater facilities and package plants are plant monitoring and supervision requirements 4which possiblyTrelates es¢to a source of problems with theselfacilities) .ring for various r facilities (above 1 MGD) hav • tslcftransitional size (500,000 chemical parameters. The pl 4 requirementssiz for the GPD up to: 1 MGD) have weekly flitoring same parameters. The small'et facilities (below 500,000 CPD) ) have biweekly or monthly 'monitoring requirements. (Seepage •of F.A.C. 17-601, attached.) Requirements for actualion-site! supervision of facfacility operations are also related• to plant; size and type attached F.A.C. 17-699) . Hare, the progression from smaller to larger facility size increaSes the requirements for on-site presence and level of operator competence. General Experience of Interviewed District and Tallahassee ITER professionals • The level of agreement betweenall that .were interviewed was ,remarkable. Below is it synopsis of their practical experience with package plants. • Package plants can, in theory; and by design, function to adequately treat wastewater;: Nonetheless, they often do not function properly for the 'fallowing reasons: t • 1. Economies of scale: Package plants often are installed to serve small nodes of higher density development which are beyond the current limits of :larger regional facilities. As such, the package plant user population is small the relative to larger regional failities. Nevertheless, initial construction costs, recurring capital expenses for repair and replacement; continual operation/maintenance (o&M) and monitoringcosts are present .whether a facility is a package plant or larger: ; Economies of scale tend to favor larger facilities where ;such costs can be dispersed among a large user• popilatiofand focused at maintaining one (or a few) facility(ies) : : Smaller facilities, with • their limited user base, can: not as easily spread cost and are often faced with having to incur high per capita costs to properly run the fabilityOr ignore problems and allow regular violations of permit limits. Further, larger sized pants have output waste streams e.g. , sludge and treated wastewater) at sufficient quantities, qualities,i and of! a continuous nature to allow support of secondary uses. Thus, wastewater reuse for I 2 I . ECOSYSTEM MANAGEMENT Fax:994-922-53 Jun 25 '97 5:28 P.03%09 • I I irrigation or cooling, use of sludge as a burnable fuel � for generation of electric I energy, or use as fertilizer each become feasible alter ative as the plant size increases. 2. Package plants, due to their :smaller volumes, have difficulties maintainingithe act.ve biological processes necessary for a properlykfunctioning wastewater treatment . plant. Surges in flow 'to the facility or the introduction of contaminants by one 'of a few jindividual users can more •easily upset the biological processes used by wastewater facilities to achieve pollutant !removal. Larger plant design greatly reduces thefrequency of surges and contamination of the biological-processes. The larger sized plants; because ofttheir ;greater and more continuous flows, ' essentially ensure a buffering of the requisite biological processes necessary: for pollutant removal reliability. 3 . Efficient package plant �lesign+ is quite costly and it is often expedient for a deireloper!to minimize cost by • purchasing less efficient package plants (e.g. , commonly used° but poorly designed package plants do not provide .adequate circulation and have `substantial volumesdof "ddead space"- which reduce treatment efficiency) . package plant facilityl planning for both the treatment plant and the collection and transmission components often relies on a "minimal" approachwherein, facility sizing and material quality are the bare minimum necessary to achieve. development approval. ; This approach, though initially cost effecti4e for the developer and development (e.g. , lowier development cost should translate into lower cost for the initial homeowner.)', becomes quite costly over time. Repair, replacement, operation/maintenance and .monitoring -costs may soon outweigh= the earlier advantage (post-development.respons1bilities are Often turned over to homeowners association; or to the local government) . Due to the other reasons Cited ;here (e.g. , monetary and physical economies of scale available to larger plants) , the per capita cost of inaintaining a properly functioning package plant becomes high. 4. Facility monitoring and on-site supervision requirements are minimal for package. plants: This relates to the lack of economies of scale, 'i.e. , the small user base and inability to handle cpslts. The result often inadequate treatment, episodes of Malfunctioning equipment of on-site O&M and process supervision to react in a timely fashion to correct problems as they arise. Homeowner associations4usually, contract to have handled monitoring, operation rind maintenance and rep by firms specializing inithis line of work. Though some of the contracted firms are diligent in trying to properly • 3 01.1 i ECOSYSTEM MPNRGEMENT Fax:904-922-53• Jun 25 '97 5:29 F.09:09 • " I i .r. . 1 manage and maintain packa e plants, FDER district staff report that negligence of en prevails and the money and manpower necessary to ensure a properly functioning plant are not consistently proviided. ! i .• Summary ' Package plants can be designed,-constructed and operated to meet pollution reduction ne#d's.. In�:some instances, they may be the best alternative to ens.r�e: envirnnmental/public health protection needs. Nevertheless, experience has repeatedly demonstrated that the smaller plants! often lack physical and . monetary economies of scale: necessary-to assure adequate treatment of sanitary waste overtime: . sincerely, .. . %,' /h,.., / ' ' John: Outland . JO/dp Enclosures • cc: Al McLaurin, SWDER Wayne Magley, DER, Tallahassee Mike Bechtold, SEDER Robert Reining, NWDER . r • Frank Watkins, SEDER Harley Yo g, SFDER Jim Bradner, CFDER ' Al Castro, CFDER . Al Bishop, DER, Tallahassee David York,DER, Tallahassee • • • • • • • . 4 i I , I C MEMBER OF THE FLORIDA CABINET DIVISIONS OF FLORIDA DEPARTMENT OF STA=E pk N • Office of the Secretary 3 O -� Historic Florida Keys Preen ation Board ti _ � Office of International Relations Historic Palm Beach County Preservation Board Division of Administrative Services (e '= -- —+.-'! Historic Pensacola Preservation Board Division of Corporations tw �u.�i`� :�. ;-_ .�' Historic St.Augustine Prexn•ationBoard Division of Cultural Affairs '1 ar -"' Division of Elections 4 Historic Tallahassee Preservation Board Division of Historical Resources Coo w.i'n'` Historic Tampa/Hillsborough County Division of Library and Information Services Preservation Board Division of Licensing FLORIDA DEPARTMENT OF STATE Ringling Museum of Art Sandra B. Mortham • Secretary of State DIVISION OF HISTORICAL RESOURCES Mr. Ray Eubanks ' May 19, 1997 Department of Community Affairs �U Bureau of State Planning 'V /,• / 2555 Shumard Oak Boulevard �l Li I`IkY idyl Tallahassee, Florida 32399-2100 �` ice, --"' PLI.N Pr' ^ r ‘ . Re: Historic Preservation Review of the Collier County (97-1ER COmpre v�T ",� I( Plan Amendment Request t� Dear Mr. Eubanks: According to this agency's responsibilities under sections 163.3177 and 163.3178, Florida Statutes, and Chapter 9J-5, Florida Administrative Code, we have reviewed the above document to decide if data regarding historic resources have been given sufficient consideration in the request to amend the Collier County Comprehensive Plan. We have reviewed the Evaluation and Appraisal Report-based amendments to the Collier County Comprehensive Plan to consider the potential effects of these actions on known and potential historic resources in Collier County. Objective 5 of the Housing Element indicates that the county will review zoning and code requirements to encourage maintenance and rehabilitation of historically significant structures. Policy 5.1 discusses the Federal Register of Historic Places. . The correct name for this listing is the National Register of Historic Places. County Policy 5.3 .appears vague and not measurable. Historical significance needs to be precisely defined, and the objective needs to be rewritten so that it can be used to measure progress toward achieving a goal. Policy 5.5 needs to define a time frame for"periodic." We also note that there were 801 structures built in Collier County in or prior to 1939, with an additional 727 more residential structures constructed in the following decade. If these 1500+ structures have not already been researched and evaluated for their significance,the county needs to sponsor surveys to have these structures evaluated. Lastly, the historically significant housing listed in Appendix 11 of this element should be cross referenced with their Florida Master Site File number. With regard to the Conservation and Coastal Management Element,Policy 12.1.2 indicates that historic sites shall be indicated on site plans as part of the developmental review process, but does not address probability areas, where there is a good probability of archaeological sites occurring, but where no formal cultural resources assessment survey has been conducted to identify such- resources. Item C within the same Policy indicates that the owner of an historic site may allow excavation of that site by the Division of Historical Resources. This agency no longer sponsors mitigation except on state-owned property. - DIRECTOR'S OFFICE . R.A.Gray Building • 500 South Bronough Street • Tallahassee,Florida 32399-0250 • (904)488-1480 FAX: (904)488-3353 • WWW Address http://www.dos.state.fl.us O ARCHAEOLOGICAL RESEARCHHISTORIC PRESERVATION O HISTORICAL MUSEUMS (904)487-2299 • FAX:414-2207 (904)487-2333 • FAX:922-0496 (904)488-1484 • FAX:921-2503 Mr. Eubanks May 19, 1997 Page 2 The Future Land Use Element states that historically significant properties will be protected by means of the land development code. Regulations include provisions which require the identification of and mitigation for known historic resources at rezoning. Do these regulations provide the means for protection of a significant resource by leaving it intact,which would make mitigation unnecessary? Mitigation of adverse effects is always a last resort, and only used when the resource absolutely cannot be retained. Background information for this element references two survey reports completed in the 1980s, identifying historical and archaeological resources in the county. This survey information should continue to be updated with currently obtained information as it becomes available, regarding newly discovered or evaluated resources. Again, all sites should be cross referenced with their Florida Master Site File numbers, including sites shown on Map 8, Historic Resources. In sum, it is our opinion that the amended comprehensive plan meets (although known and potential historic resources need to be carefully considered in the planning phases of proposed land use changes)the state of Florida's requirements as promulgated in sections 163.3177 and 163.3178, F.S., and Chapter 9J-5, F.A.C., regarding the identification of known historical resources within their specified area of jurisdiction, and for the establishment of policies, goals and objectives for addressing known and potentially significant historical resources in Collier County. If you have any questions regarding our comments, please feel free to contact Susan M. Harp or Laura Kammerer of the Division's Compliance Review staff at (904) 487-2333. Sincerely, /-0,44,1,&. / , / George W. Percy, Director Division of Historical Resources . D.O.T. RELIC TRANS Fax:941-534-7172 Jun 10 '97 13:46 P.02/06 FLORIDA . � . :.DEPARTMENT OF -TRAIN- . SP : ORTATION • u i KM G.WATTS Gor.Inac RCKIARI' Planning Department Post Office Box 1249 Bartow, Florida 33831-1249 • (941) 519-2343 June 10, 1997 Mr. Ray Eubanks • Department of Community Affairs Bureau of Local Planning 2555 Shurnard Oak Boulevard Tallahassee, Florida 32399-2100 RE: Collier County Comprehensive Plaut Amendments ORC Review - REF 97-1ER Dear Mr. Eubanks: The Florida Department of Transportation has completed its review of the above referenced Collier County Comprehensive Plan Amendments. We have considered seven (7) issues during this review: Level of Service; Access Management; Right-of-Way Protection/Acquisition; Transportation Improvement Funding; Intergovernmental Coordination; Protection of Interstate/Intrastate Highway System; and Internal Consistency Between Elements. Based on this review, the Department would like to offer the comments on the attached sheets for your consideration. Should you have any questions concerning these comments, please contact me at (941) 519-2343 . • Sinc ely, • hn Czerepak • • Growth Management Coordinator Attachments cc: T. Franklin Black Sherry Carver ' D.O.T. PUBLIC TRANS Fax:941-534-7172 Jun 10 97 13 46 P.04/06 Collier County Comprehensive Plan Amendment Page 2 (2) (a) 8 Existing functional classification and maintenance ' responsibility for all roads. (2) (a) ll Designated logial and .regional transportation facilities, crucial to the evacuation of the coastal population prior to an impending natural disaster. (2) (b) 1 Existing peak hour, peak direction levels of service for roads. (2) (b) 2 Capacity of significant parking facilities and duration limitations (long-term or short-term) map or map series. • In general, Existing Transportation Data Requirements is lacking in the support documentation (9J-5. 019 (3) 1 : • • Future Transportation Maps: (5) (a) le. Parking facilities that are required to achieve mobility goals. (5) (a) 2b. Public transit terminals and transfer stations. (5) (a) 2c. Public transit rights-of-way and exclusive public transit corridors. • , D.O.T. PUBLIC TRANS Fax:941-534-7172 gun 10 '97 13:46 P.03/06 COMPREHENSIVE PLAN - EXTERNAL AGENCY REVIEW NAME OF AGENCY: FLORIDA DEPARTMENT OF _TRANSPORIATTDN RESPONSIBfE DIVISION/BUREAU: DISTRIC:1 - PLANtt.NG NAME OF LOCAL GOVERNMRNT:_CDT, .T COII .T.Y DATE PLAN RECEIVED FROM bCA:_Mb..Y 7,1q9.2 REQUIRED' RETURN DATE FOR COMMENTS: JUNF_._13. 1 997 AMENDMF,NT: CDLLTFR. CCiTNTY CnMPRP14vms VE PLAN RULE REFERENCE: Rule Chapter 9J-moi9J-11 F_AC. CH 163 P.S. • The Department has completed its review of this Comprehensive Plan. From our review, we have the following comments : COMMENT: Rule 9J-5.019 was revised to require a new Transportation Element to integrate multi-modal transportation systems. The proposed Transportation Element does not include the following data and analysis requirements for Rule 9J-5.019: Existing Transportation Data Requirements: (2) (a) ld Significant parking facilities, aa determined by the local government. - (2) (a) 3 Significant bicycle and pedestrian ways, as determined by... the local government. (2) (a) 5 Airport facilities including clear zones and obstructions. (2) (a) 7 'Intermodal terminals and access to intermodal facilities. •1 • D.O.T. PUBLIC TRANS Fax:941-534-7172 Jul 10 '9? t3:47 P.05/06 Collier aunty Comprehensive Plan Amendment Page 3 • • (5) (a) 3 . Transportation concurrency management areas pursuant to ' Rule '9J-5. 0055 (5) (5) (a) 4 . Transportation concurrency exception areas pursuant to Rule 9J-5.0055 (6) . • (5) (a) 5. Requires the local .government to provide a-map of future bikeways and sidewalks, (5) (a) 7 . Airport facilities including clear zones and obstructions (5) (a) 9. Intermodal terminals: and access to intermodal facilities. (5) (b) 1. Future functional • classification and maintenance .responsibility for all transportation facilities for . which level of service standards are established. (5) (b) 4 . Existing peak hour, peak direction levels of service for roads. (5) (b) 5 . Designated local and regional transportation facilities, crucial to the evacuation of the coastal population prior to an impending :natural disaster. • D.O.T. PUBLIC TRANS Fax:941-534-7172 Jun 10 '97 13 47 P.06/06 Collier County Comprehensive Plan Amendhent Page 4 COMMENT: The Intergovernmental Coordination Element does not address the Intergovernmental Coordination Processes and the Development Review Process (9J75 .015 (4) ) and [9S-5 .015 (5) 1 . • COMMENT: The end of planning period in the Transportation Plan is Year 2020, however the Housing .Plan refers to Year 2010 . The data and analysis in the support documentation should be internally consistent and consider the availability of facilities to support the proposed future land use plan. Once the above concerns are _ adequately addressed, our review indicates that no substantial adverse impacts on the State Highway System should result from DCA approval of the Proposed Comprehensive Plan. Therefore we have no further comments or objections. • • •1 ��Ea MqN 111110 � ym�� Z South Florida WaterManagement District ---W-,•,,, ... �aY 3301 Gun Club Road,West Palm Beach,Florida 33406 •(561)686-8800•FL WATS 1-800-432-2045 TDD(561)697-2574 c„„..-> '''- -\\11 % V\ \-' , . _IT .:._.--)\ June 4, 1997 ,; �U� Vt \ ir�i Mr. Ray Eubanks, Planning Manager Y._,.., Bureau of Local Resource Planning Department of Community Affairs Y\\r 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 1a�(1-1 Dear Mr. Eubanks: (?1 Subject: Proposed Comprehensive Plan Amendment Comments Local Government: Collier County DCA Amendment#: 97-1 ER Enclosed is the South Florida Water Management District staff comments on the Plan Amendment referenced above. Thank you for the opportunity to provide this review. Please do not hesitate to call with questions. Sirl� 'rely, ,i<<ii� C1. 7kac.•� usan Mason, AICP Senior Planner Lower West Coast Division/ Planning Department SAM/s Enclosure C: Bill Hammond, Governing Board Member Vince Cautero, Administrator, Community Development, Collier County Mary Lee Layne, Community Development Services Division, Collier County Wayne E. Daltry, SWFRPC, Executive Director Governing Board: Frank Williamson,Jr.,Chairman Vera M.Carter Richard A.Machek Samuel E.Poole III,Executive Director Eugene K.Pettis,Vice Chairman William E.Graham ' Michael D.Minton Michael Slayton,Deputy Executive Director Mitchell W.Berger William Hammond Miriam Singer Mailing Address:P.O.Box 24680,West Palm Beach,FL 33416-4680 Comments on the Collier County Comprehensive Plan 97-1 ER Public Facilities Element - Potable Water Sub Element. II. Existing Water Supply Systems and Facilities. B. Public Sector Systems. • Comment. The County should update the potable water element of the Collier County Growth Plan to include the use of the Floridan Aquifer System by both Collier County Utilities and Florida Water Services at Marco Island. The Floridian Aquifer System has been identified as an alternative water supply source in the Lower West Coast Water Supply plan and both utilities received 20 year Water Use permits in 1996 as an incentive for their use of the alternative source and their reclaimed water programs. Goal 1. Policy 1.4.5. Development of a public water conservation program. • Comment. The County should adopt the seven-point Water Conservation Plan, including adoption of appropriate ordinances, as specified by condition of local utility water use permits. All public water supply utilities applying for an individual permit are required to develop and implement a water conservation plan. The water conservation elements of each plan need to be identified as part of the application. The mandatory components of Section 2.6.1., Water Conservation Plan, include: 1) irrigation hour restrictions; 2) xeriscaping; 3) ultra-low volume plumbing fixtures; 4) water conservation-based rate structure; 5) leak detection program; 6) installation of rain sensor devises; and, 7) water conservation public education program. (Refer to Section 2.6.2, Basis of Review, document enclosed.) Cross Reference Conservation and Coastal Management Element, Policy 4.2.6. Potable Water and Sanitary Sewer Sub-Elements. Policy 1.5.2. "The County will discourage urban sprawl and/or package sanitary sewer treatment systems through the development order process.... *unless otherwise approved by the Board of County Commissioners to address environmental or public health and safety concerns." • Comment. The language in this policy is vague and does not specify criteria for use of package sanitary sewer treatment systems. Package Treatment Plants (PTPs) disallow the benefits derived when regionalizing or centralizing treatment to reclaim and conserve volumes of water. For example, PTPs cannot strategically utilize reclaimed reuse water to derive recharge benefits, or aid in the minimization of saltwater intrusion to public water supplies in coastal areas, as recommended in the District's Lower West Coast Regional Water Supply Plan. • • Comment. Once PTPs are permitted and constructed, the County should require that they be connected to municipal service infrastructure, when it becomes available. • Comment. The County does not specify under what conditions it would allow package treatment plants to be used. The County may allow PTPs for example, to be used in areas where land use is designated AgriculturaVRural- Mixed Use Districts (density 1 du / 5ac.). This scenario could potentially lead to sprawl, thus being inconsistent with other provisions of the Comprehensive Plan, such as Policy 4.7 of the Land Use Element which encourages infill and redevelopment. The policy also lacks specific guidance for instances when use of PTPs should be discouraged. The County does not specify whether PTPs would be discouraged from use for example, within or near outstanding natural systems, which could be negatively affected by discharges from improperly maintained systems. Natural Ground Water Aquifer Recharge Sub-Element. Il Existing Conditions 11.1 Aquifer Systems in Collier County, page 6. "Producing zones of the Floridian Aquifer System, which is the County's deepest aquifer system, have not been developed in Collier County." • Comment: The County should update the statement to reflect that Collier County Public Water Supply and Marco Island Public Water Supply have/and are developing welifields from the Floridian Aquifer System. Golden Gate Master Plan. Goal 2. Policy 2.3.2., page 7.1. "A work plan with measurable interim goals and established performance timelines, identifying acquisition funds and resources required to complete land acquisition according to Objective 2.3. must be prepared by DEP by October 1997." • Comment. DEP has notified the District/Big Cypress Basin Board that it intends to accellerate land acquisition efforts and expects to complete acquisition within the next three to five years. The date for completion of the.] work plan (October 1997) should be extended until the work is complete. NH- 3-97 TUE 3:03 PM SOUTH FL WATER MGMT DIST FAX NO. 561 687 6896 P. 1 Basic of Review for Water Use Permit Applications February 1997 use guidelines and water use Conservation Plans in Section 2.6.1. apply to redistributing water customers as well as the Applicant. 2.6.1 Water Conservation Plans All public water supply utilities applying for an individual permit are required to develop and implement a water conservation plan. The water conservation elements of each plan need to be identified as part of the application. A timetable outlining the implementation schedule of each of the required water conservation elements will be required to be submitted or shown to already exist prior to issuance or renewal of a public water supply water use permit. The conservation plan shall be prepared and implemented for the service area incorporating, at a minimum, the following mandatory components. For those components which require ordinance adoption, such ordinance should incorporate the entire boundary of the enacting jurisdiction. The Permittee shall provide a copy of the ordinances for each of the mandatory elements for which ordinances axe adopted. The mandatory water conservation elements are as follows: A. The limitation of all lawn and ornamental irrigation to the hours, at a minimum, of 4:00 P.M. to 10:00 A.M. The permit Applicant or enacting local government may adopt an ordinance which includes exemptions from the irrigation hour restrictions for the following circumstances, irrigation systems and/or users: 1. Irrigation using a micro-irrigation system; 2. Reclaimed water end users; 3. Preparation for or irrigation of new landscape; 4. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by law, recommended by the manufacturer, or constituting best management practices; 5. Maintenance and repair of irrigation systems; G7 -•: ........,.,6 1. .. .-1...... L.-..J .....a..-L.b, ..1...3.1•.�j .....vAub l�� v.av hose attended by one person, fitted with,a self-canceling or automatic shutoff nozzle or both or 7. Users irrigating with 75% or more water recovered or derived from an aquifer storage and recovery system. B. Where the local government operating the public water supply utility, pursuant to section 125.568 or 166.048, F.S., determines that Xeriscape would be of significant benefit as a water conservation measure relative to the cost of Xeriscape implementation, the local government operating the public water A-26 ATTACHMENT •JUK- 3-97 TUE 3:04 PM SOUTH FL WATER MGMT DIST FAX K0. 561 687 6896 P. 2 Basis of Review fat Water Use Permit Applications February 1997 supply utility is required to adopt a Xeriscape landscape ordinance meeting the requirements of section 373.185(2)(a)-(f), F.S. In the event such a Xeriscape ordinance is proposed for adoption, the permit Applicant shall submit the draft ordinance to the District for determination of compliance with section 373.185(2)(a) - (f), F.S. If the ordinance which the local government has or proposes to adopt includes an alternative set of requirements which do not encompass those contained in section 373.185(2)(a)-(f), F.S., eligibility for the incentive program will not be achieved. The District, in compliance with section 373.185, F.S., offers the following incentive program, to those local governments who are eligible, consisting generally of information and cost- benefit analysis assistance. Specifically, the information provided interested parties will consist of an explanation of the costs and benefits of Xeriscape landscapes; the types of plants suitable for Xeriscape landscapes within the local government's jurisdiction; the types of irrigation methods suitable for Xeriscape landscaping and the use of solid waste compost. Further, if requested, the District will assist local governments in determining whether the benefits of requiring Xeriscape landscaping outweigh the costs within that local government's jurisdiction; this assistance may consist of economic considerations, technical information or referral to other agencies that can provide information the local government may need to perform its cost-benefit determination. The Governing Board finds that the implementation and use of Xeriscape landscaping, as defined in section 373.185, F.S., contributes to the conservation of water. The Governing Board further supports adoption of local government ordinances as a significant means of achieving water conservation through Xeriscape landscaping. C. The adoption of an ordinance requiring the installation of ultra-low volume plumbing fixtures in all new construction, such that plumbing fixtures are installed to comply with the following maximum flow volumes at 80 psi: Toilets: 1.6 Gal./Flush; Shower Heads: 2.5 Gal./Min.; and Faucets 2.0 Gal./Min. D. The adoption of water conservation-based rate structures. Such rate structures should include at least one of the following alternative components: increasing block rates, seasonal rates, quantity based surcharges and/or time of day pricing as a means of reducing demands. B. The implementation of leak detection programs by utilities with unaccounted- for water losses of greater than 10% is required. Such leak detection program must include water auditing procedures, in-field leak detection efforts and leak repair. The program description should include the number of man-hours devoted to leak detection, the type of leak detection equipment being used and an accounting of the water saved through leak detection and repair. It is the policy of the District to encourage public water supply systems to have no more than 10% unaccounted-for water losses. A-27 • .1U11- 3-97 TUE 3:05 PM SOUTH FL WATER MGMT DIST FAX NO. 561 687 6896 P. 3 • Basis of Review for Water Use Permit Applic tions February 1997 F. For local government applicants, the adoption of an ordinance requiring any person who purchases and installs an automatic lawn sprinkler system to install, operate and maintain a rain sensor device or automatic switch which will override the irrigation cycle of the sprinkler system when adequate rainfall has occurred pursuant to Section 373.62, F.S. G. The implementation of water conservation public education programs. H. For those potable public water supply utilities who control, either directly or indirectly, a wastewater treatment plant, an analysis of the economic, environmental and technical feasibility of making reclaimed water available. U.e of the Guidelines for Preparation of Reuse Feasibility Studies published by the Department in November, 1991 is suggested. I. Procedures and time-frames for implementation shall be included in the conservation plan. 2.6.2 Demand Components All public water supply applicants for an individual or general permit must identify the demand for the following components: A. Residential Use - at a minimum, shall be divided into single-family residential use and multi-family residential use; B. Other metered uses - include all uses other than residential accounted for by meter; C. Unaccounted uses - the total water system output minus all accounted uses above. Unaccounted use includes unmetered use, water lost through leaks, water used to flush distribution lines, fire fighting, and other unidentified uses. This quantity should not exceed 10 percent of total distribution quantities. Applicants with unaccounted use greater than 10 percent are required to address the reduction of such use through the formation of a formal leak detection program; D. Treatment and Distribution Losses - In some circumstances, not all water that is withdrawn is actually used. This circumstance may be a result of losses in the system during distribution, or because the water must undergo a treatment process before it is usable. This component should only be calculated when such losses are significant. Some water treatment technologies, such as desalination or sand filtration, may cause significant portions of the withdrawn water to be unusable. In such cases, the Applicant shall be required to indicate the withdrawal quantity treated, the percent product (usable) water, the percent reject (unusable) water, and the manner in which the reject water will be disposed. A-28 MIGRANT FARMWORKER JUSTICCT,- Florida Legal Services, Post Office Box 2110 Z Belle Glade, Florida 33430 1 V\v\ rSti'.4G I' e+ April 25, 1997 Steve Atkins Department of Community Affairs Q� 2555 Shumard Oak Blvd. t Tallahassee, Florida 32399-2100 .6 V RE: EAR-based Amendments for Collier County's Comprehensive Plan Dear Mr. Atkins: This letter is written to you in accordance with the provisions of the Florida Local Government Comprehensive Planing and Land Development Regulation Act, Fla. Stat. SS 163.3161, et. seq. Florida Legal Services represents Elfra Madilus, a farmworker in Collier County. On behalf of our client, we wish to offer the following comments regarding the proposed EAR-based amendments to the housing element of the Collier County Comprehensive Plan. We believe that the Collier County EAR-based amendments should be found not-in-compliance for the following reasons. 1) Objective 1: "The number of new affordable housing units shall increase by 750 units each year in an effort to continue to meet the housing need of all current and future residents of the County, including those households with special needs such as rural and farmworker housing in rural Collier County." Although the objective does offer a measurable goal of 750 units, it does not measurably address the issue of farmworker housing. With this objective, it would be possible for the county to only increase the units of farmworker housing by 1 and still be"successful". Given that according to the Immokalee Housing Study there is at least a shortage of 4,402 units for farmworkers, there should be a"specific" and"measurable" target set for meeting this need. One obvious way to remedy this would be to set aside a certain amount of the proposed 750 units each year for farmworker housing. 2) The Collier County Housing Element fails to comply with F.A.C. 91-5.005(6)which states "Recognizing that the intent of the Legislature is that local government comprehensive plans are to be implemented,..(the intent of this chapter) is to require identification of those programs, activities, and land development regulations that will be part of the strategy for implementing the comprehensive goals, objectives, and polices ..." Policies that address farmworker housing needs Phnne• (S611996—S266 • (8001277-7447 • Fax: (561) 992-5040 are not specific and measurable and do not identify the programs that will implement the goals and objectives. Policy 2.10 states"Through adoption of local incentives, public and private sponsors will be encouraged to provide adequate housing for rural residents and farmworker families." No specific incentives are proposed. Policy 2.12"The county will adopt and implement policies which address the provision of adequate site locations for farm worker housing." The above policy was included in Policy 1.6.1 of the previous housing element: "By 1990, an assessment of the housing needs of rural residents and farmworker families shall be completed by the Housing and Urban Improvement Department and policies adopted which address provision for the location of adequate sites within Urban Designated Areas." (emphasis added) Seven years later the County should have been able to adopt and already begun the implementation of these policies. 3)We are concerned to read Policy 2-13 : "With the completion of the regional farmworker study conducted by the University of Florida's Institute for Food and Agricultural Sciences in late 1997, the County will review the recommendations and begin an implementation program." We definitely hope that this does not mean that the county will delay implementation.of any farmworker housing programs until the completion of this study especially since there has already been farmworker housing needs assessment data compiled locally by the Immokalee Housing Study and for the state (per county)by the Shimberg Center for Affordable Housing. Furthermore we are concerned by the limitations of this study. While we do believe that the regional study of farmworker needs for Charlotte, Collier, Glades, Hendry, and Lee Counties that is being led by Fritz Roka will compile valuable information that can be used by these counties as a tool for addressing farmworker issues, we have reservations for this becoming the tool to assess the housing needs for farmworkers. The study does not use a random sample, but relies very heavily on employer records. From our experience with working with migrant farmworkers we are very concerned that many farmworkers could be missed. Most farmworkers are hired by labor contractors, who are then employed by the farmers or processors. Many of these labor contractors do not keep accurate records of their employees. Also, due to the large numbers of undocumented workers many times a labor contractor will record the earnings of 5 or more farmworkers under one person's name-or social security number. Thus, the count of farmworkers could be exceptionally low. In addition, the study proposes to interview workers a t the job site. . Given the proximity of employer representatives during such interviews, worker responses are not likely to be completely candid. Also, the study will be based on employers' records, measuring where individuals work, rather than where they live. Finally, the study has been delayed because of this year's freeze. Again, we would not like to see Collier County waiting the 1-2 years until the data are available to begin the implementation of its farmworker housing programs. In order for Collier County's EAR-based amendments to be considered in compliance, "specific" and"measurable" objectives with policies to implement these objectives should be written using the farmworker housing needs assessment data compiled either by the Immokalee Housing Study or by the Shimberg Center. I appreciate your attention to these comments. Please send me a copy of your ORC report, a copy of any changes to the proposed amendments made by Collier County, and any notice of intent or compliance determination made by the Department. Please send a bill for the cost of copying and mailing. If you have any questions or would like to discuss my comments, do not hesitate to call me. Again, thank you for you consideration of these comments. Sincerely, Sandra Unruh Migrant Farmworker Justice Project cc: Collier County Community Development 2800 North Horseshoe Drive Naples, FL. 34104 06/09,97 09:13 FAX 941 613 5130 FL WILDLIFE FED 2101 FLORIDA WILDLIFE FEDERATION • 111 Southwest Florida Office ;►+ 1911 Office:5051 Castello Drive,Suite 240 l4 Mailing Address:P.O. Box 8417,Naples,Florida 34101 Phone:941-643-4111 Fax: 941-643-5130 TO: Steve Atkins Florida Department of Community Affairs FROM: Nancy Anne Payton Southwest Florida Office )147r. ' DATE: June 9, 1997 RE: Collier County Growth Management Plan Attached are the Federation's comments on the proposed amendments to Collier County's Potable Water and Sanitary Sewer Sub- Elements, We request consideration of these comments and concerns when drafting DCA's report. We would appreciate a copy of the ORC Report. Thank you. Cover plus two pages..... • MAIN OFFICE:254$BLAIRSTONE PINES DRIVE MANLEY K.FELLER,UI MAILING ADDRESS:P.O.BOX IS$10.TALLAHASSEE.FLORIDA 32314470 President PHONE:904-556-7113 0-8/09/97 09:13 FAX 941 643 5130 FL WILDLIFE FED (1U2 FLORIDA WILDLIFE FEDERATION ; i� • 4A :.s• / Southwest Florida Office w • 4 • Office:5051 Castello Drive,Suite 240 d 1t Mailing Address:P.O.Box 8417,Naples,Florida 34101 Phone:941-643-4111 Fax:941-643-5130 POSITION STATEMENT ON COLLIER COUNTY'S PROPOSED GROWTH MANAGEMENT PLAN AMENDMENTS FOR THE POTABLE WATER AND SANITARY SEWER SUB-ELEMENTS The Florida Wildlife Federation opposes the proposed amendments to Collier County Growth Management Plan's Sanitary Sewer and Potable Water Sub-Elements. Changes to Policy 1.5.2 in both Sub-Elements will allow private sector and/or package plants in the Aericultura/Rural Designated Area on the Future Land Use Map. The Growth Management Plan states that the "Agricultural/Rural Land Use Designation is for those areas that arc remote from the existing development pattern,lack public facilities and services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted..." The proposed amendment indiscriminately exposes over 300 square miles in the Agricultural/Rural Designated Area to increased development pressures.A significant portion of the Agricultural/Rural Designated Arca has an"Areas of Environmental Concern"Overlay. The Big Cypress Area of Critical State Concern is located within the AgriculturaliRural Designated Arca. Factors such as impacts on environmentally sensitive lands,pressure on agricultural lands,proximity to the Urban Designated Area,and existence of undeveloped land within the Urban Designated Area have not been taken into consideration by Collier County. Private sector and/or package plants will enable urban-style development throughout the Agricultural/Rural Designated Area. The result will be urban sprawl with the first creeps along Immokalee Road and Route 41 East. It should be noted that Collier County has an on-going policy of purchasing existing private sector and%or package plants within the Urban Designated Area and converting to a central system. On April 22, 1997, Collier County Commissioners rejected a staff request to amend the Growth Management Plan allowing the extension of water and sewer lines beyond the Urban Designated Area. On the same day,the commissioners approved an amendment to allow private sector and/or package plants. This action is inconsistent with restricting public water and sewer lines to within the Urban ' • MAIN OFFICE:2545 BWRSTONE PINES DRIVE MANLEY K.FULLER,IU MAILING ADDRESS:P.O.SOX 5470,TALLAHASSEE,FLORIDA 32314-6870 Presxdent PHONE:904858.7113 06/09;97 09:13 FAX 941 643 5130 FL RILDL1FE FID JO 03 POSITION STATEMENT PAGE 2 Designated Area and the on-going effort to convert existing private sector and/or package plants within the Urban Designated Area to a central system. Correctly installed and properly maintained wells and septic systems pose no environmental or public health and safety threat in Collier County's Agricultural/Rural Designated Area. The Growth Management Plan limits thiq area's density to one unit per five acres "in an effort to maintain and promote the rural character of these lands." It is the Federation's position that only land within the Urban Designated Area should be the focal point for development. Currently there are 80,000 units approved,but not vet built within the Urban Designated Area. Collier County has demonstrated no need for private sector and/or package plants and the urban-style development that inevitably will accompany these plants in the Agricultural/Rural Designated Area. In addition to not providing supporting documentation,the county has not identified corridors, developed standards, or placed any restrictions on where such plants will be considered. When Collier County transmitted its Seven Year Evaluation and Appraisal Report (EAR) last year,they wrote the following regarding the Sanitary Sewer Sub-Element Policy 1.5.2: "No amendments to this Policy are recommended." The same recommendation appeared in the Potable Water Sub-Element Policy 1.5.2. Based upon the above concerns as well as the lack of supporting and clarifying documentation provided by Collier County,the Federation opposes any amendments to the Sanitary Sewer Sub-Element and the Potable Water Sub-Element that authorize private sector and/or package plants. June 6, 1997 Nancy Anne Payton Southwest Florida Office 941/643-4111 Memorandum To: EPTAB Mernbas From: William D. Lorenz,Jr., P.E. Date: August 28, 1997 Re:; Membership Appointment Attached are the resumes for Brenda Dejong and Maureen McCarthy. EPTAB is required to recommend oreof these applicants for the position currently filled by Mike McGee. Although I did not receive this packet in time for your 9/14 meeting agenda packet, you can still take this item for that meeting. We will simply add this item as new business. WDL/bc Attachments cc: EPTAB file • Page 1 MEMORANDUM DATE: August 25, 1997 TO: William D. Lorenz, Jr., Environmental Se ices Director FROM: Sue Filson, Administrative Assistan Board of County Commissioners RE: Environmental Policy Technical Advisory Board As you know, we currently have 1 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 as follows: Brenda Dejong 5195 10th Avenue, S.W. Naples, FL 34116 Maureen McCarthy 6075 Pelican Bay Blvd., #501 Naples, FL 34108 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 Eicriel/ BRENDA DEJONr- 5195 10th Avenue SW (941) 352-8969 Naples, FL 34116 :y Construction: State of Florida Certified Residential Contractor CR C050177 Real Estate: State of Florida Licensed Real Estate Broker BK 0610455 Environmental: State of Florida Lic. Radon Measurement Technician R1637 EPA Certified Lead-Based Paint Inspector 111-501 EPA Certified Lead Exposure Risk Assessor LRA-173 EPA Certified Lead Abatement Contractor EPA S 1047 EAA Certified Environmental Inspector 13802 EAA Certified Environmental Testing Specialist 13802 Experience Collier County Building Analysis 1991 to Showman Homes,Inc. present: Showman Realty,Inc. Owner of affiliated companies servicing real estate interests in the small corrununity of Naples,Florida. The qualifier for Showman Homes,a high end custom builder. NABOR,the Naples Area Board of Realtors,is one of the leading real estate boards in South Florida. As a member I have performed on the Legal Resources Project Team. Our team of top real estate brokers and attorneys in Naples reviews legislation and makes written recommendations to the board on various legal issues,like the EPA/HUD Guidelines. Our group studied and reported on the impact, liabilities,and handling thereof Over the years I have been appointed to the Contract Revisions Committee, Home Inspection Addendum Committee,and Budget&Finance Committee. CCBA operates as a building and property inspection company. I have performed site reconiscense of bare property to complete analysis of all building components. CCBA also performs home inspections inclusive of radon and lead. Lead inspections include screens, risk assessments and lead abatement consultations. Arthur Rutenberg Controller, Financial Officer of Corporation. Responsible for all financial aspects of Homes,Inc.: operation. Prepared financial statements,financial forecasting and projections, cash management, supervised accounting personnel, signed checks (at times >S1 million per Oct. 1986 to month). I was responsible for lien releases and legal matters,personnel management, Sept. '91 coordinated constructions draws with banks and customers,negotiated spec and model loans in excess of$1 million with mortgage lenders. Analyzed project budgets in respect to budget vs. actual costs. Analyzed land acquisition costs,prepared spreadsheets, etc. Ferguson Controller/Credit Manager-(Started in Charlotte,N.C.,transferred to Tampa, Fla.,then Enterprises,Inc. to Columbus,Ga.to train a new branch Ciller) Responsible for financial aspects of branch operation. Supervised accounting personnel, approved new credit accounts and Oct. 1984 to A/R collections,lien releases, filed liens and handled all legal responsibilities. Also Sept. '86 responsible for cash management,financial reporting,audits,and personnel management. > 10 years: Employed by IBM Corp.,Consolidated Theatres, Inc., Rowe Corporation, and The City of Charlotte,N.C. Detailed information available upon request. • Brenda DeJong Resume p2 • Major Dates Formal Education: FIU College of Engineering,Miami, Florida Construction Management 1995-96 Belmont Abbey College,Belmont,NC Business Administration 1981-83 Central Piedmont College, Charlotte,NC Computer Science 1977-78 King's Business College, Charlotte,NC Accounting 1975-77 Professional Education: Lee Vo-Tec, Fort Myers, FL Construction Estimating Beginning through advanced levels Dave Buster School of Construction Construction Contracting Miami-Dade College,Miami,FL Affordable Housing Management Bert Rodgers School of Real Estate 63 Hr Salesperson's Pre-licensure 45 Hr Salesperson's Post-licensure Ed Kopfler School of Real Estate 72 Hr Broker's Pre-licensure 30 Hr Investment Analysis 30 Hr Investment Management Inspection Training Associates Residential Property Inspection Oceanside, CA Commercial Property Inspection University of Cincinati Lead Inspector Training Department of Environmental Health Lead Exposure Risk Assessment University of California,San Diego Lead Abatement Training for EPA Western Regional Lead Training Center Supervisors and Contractors Environmental Assessment Association Phase I Environmental Audit Instructor on call for Associated General Contractors (AGC) contractors' continuing education classes required Jr license renewal and Edison Community College continuing education program"Peoples Law School". 8/14/1997 18:44 9415662483 PAGE 01 MAUREEN McCARTHY The Dorchester-Apt. 501 6075 Pelican Bay Boulevard Naples,Florida 34108 (941) 598-3857 Fax: (941)566-2483 August 14, 1997 Ms. Sue Filson Administrative Assistant Collier County Government By Fax 774-3602 Dear Sue: It was nice speaking with you this morning. This will confirm that I would be interested in serving on the Environmental Policy Technical Advisory Board (EPTAB). I have been very involved in the mangrove preservation issue here in Pelican Bay and was a volunteer member of the Public Policy Corps of the Conservancy. Additionally, I am very involved working with "at risk" children in Collier County. I am recently retired from a long career in senior management of financial services and ran my own consulting business for eight years. I am a full-time resident of Collier County. I am 50 years of age and have much energy to devote to issues of interest to me-children and the environment. I enclose an outdated copy of my resume and would welcome any questions you or the Board might have. Thank you so much for your courtesy. Sincerely, PIG enc. . 08/14/1997 18:44 9415662483 PAGE 02 ,.{ • MAUREEN D. McCARTHY 6075 Pelican Bay Boulevard #501 Naples,Florida 34108 (941) 598 3857 SUMMARY: Results-oriented executive with proven track record in retail service/quality, sales management, marketing and product development. Outstanding coach who builds strong team to accomplish goals. RECENT EMPLOYMENT EXPERIENCE: April 1994- Scandia Down Shops, Ltd. July 1995 Vice President-Down and Feather Full responsibility for the down and feather business for high-end specialty retail franchisor with 25 shops and down and feather sales in excess of$lOMM. . Responsible for all product development and product management, customer service, quality and competitive studies. . Introduced several unique products to the market including the country's first down and feather featherbed, which resulted in a 65% increase in featherbed sales. Reduced quality control problems by 98% in a five-month period through active management and tracking. Conducted analyses throughout the franchisee network which showed that the down and feather business was the one aspect of the business which worked perfectly. . Reorganized and rationalized product pricing to meet competition, improve market coverage and enhance product differentiation. CONSULTING/INTERIM MANAGEMENT EXPERIENCE: 1988 To 1994 . Hired by Hanover Direct, Inc. to evaluate the 25-member franchise operation of the Scandia Down Company, a recent acquisition. In addition to visiting with and interviewing franchisees, was asked to identify and develop strategies to increase profits and to explore alternatives to franchising. During an eight month period was actively involved in the day-to-day management of the franchise business. Subsequently negotiated a joint venture licensing arrangement, sourced the venture partner, developed the structure of the agreement and worked with the new partner in setting up the business and introducing it and the new licensing format to the former franchisees. . At The Dime Savings Bank of New York, directed project to improve service/quality in back-office support departments. Reporting to EVP, identified areas needing improvement and developed department-by-department plans to create a truly customer-first environment. Working with Department Heads, identified impediments to internal customer service, and directed cross- functional teams in developing solutions and action plans to solve business problems. Identified empowerment as the major developmental need to enable executives and staff alike to shift from a re-active to a pro-active response to customer need. 08/14/1997 18:44 9415662483 PAGE 03 2 At Chase Manhattan Bank, replaced Vice President in charge of Product Management of Visa and MasterCard Classic Cards_ Managed product managers responsible for increased cash usage, increased purchase usage and attrition reduction. Worked with Customer Service, Systems and Operations to ensure smooth implementation of all programs. Worked with agency on positioning and testing. . At Citibank,replaced a series of officers in various credit product development areas. Ran new product meetings, introduced product enhancements and coordinated offerings with national efforts. PRIOR EMPLOYMENT HISTORY: 1988 Chemical Bank, New York Vice President and Market Manager Directed all retail banking and community lending activities in Rockland County and lower Westchester. Responsible for 12 branches with liability balances of $700MM, operating budget of 52MM and 130 people. . Managed all marketing activities and oversaw alternative delivery (loan centers, ATM's and Corporate sales). . Brought Rockland County from last place in sales (out of six regions) to first place in eight weeks. Increased asset sales by 150% in six months. . Re-configured organization to increase sales staff by 15-20% without increasing head count. . Increased sales per client contact from 1.8 to 2.9 in seven months. . Oversaw introduction of ATM technology into Rockland County, from installation to local marketing phase. 1987 - 1988 American Savings Bank,New York Senior Vice President-Retail Banking and Operations Directed all retail banking and central operations function for $4 billion thrift with 34 branches in six-county metropolitan area. Controlled $25MM operating budget and a staff in excess of 600 people. . Active member of Bank's Senior Management Committee. . Developed pro-active sales culture which increased cross-sell ratio from 1.2 to 2.8. . Developed and implemented sales training program rolled out to 400 staff. Started a triage function to ensure that walk-in traffic was handled quickly and profitably by the right person. . Opened three mortgage centers(the Bank's first), and directed the development of a computerized application tracking system to enable the mortgage client to be constantly in touch with the status of his application. . Introduced shopper surveys to ensure adequate cross-selling. . Set up sales tracking program. 08/14/1997 18:44 9415662483 PAGE 04 f -3 1981 - 1987 Citicorp/Citibank, New York Vice President International Private Bank 1984-1987 Vice President and Director of Marketing Support,responsible for product development, product management, market research, advertising, training and client protocol. . Active member of Senior Management Committee. . Developed the Banks first overnight deposit account in multi-currencies, bringing in $25MM in the first month. Subsequently "sold" this product to other Citicorp entities. Presently offered in all domestic branches. . Initiated and developed the wholesaling of additional products to other Citicorp entities, resulting in additional revenues of$3MM. . Directed development of major sales management program which became prototype throughout other international banking centers. New York Banking Division 1981-1984 Vice President in charge of Madison Avenue/42 Street Branch. $350MM business with 65 employees. Successfully turned business around to become a leading performer in Upper Manhattan Division. Consistently recognized with bonus and stock options. . Established Banks first Legal Center, bringing in 43 new law firm clients in eight months. . Set up Executive Banking Program for major Fortune 500 company, resulting in $7MM in new liability balances in first three months. . Increased branch's overall liability balances by 48% in one year. 1973 - 1981 United Jersey Banks, Princeton, New Jersey Eight years in various member bank(The First National Bank of Princeton) and holding company positions. At First National, after holding lending and account management positions, was promoted to Director of Marketing and Public Relations. Subsequently transferred to UJB Marketing Department as Director of Communications. EDUCATION: B.S. State University of New York(SUNY) University of Colorado, Bank Marketing Association's Graduate School of Bank Marketing ' From : 8132630486 Aus:21. 1997 02:13 PM P01 • . cgce 84:: Associates Landscape Architecture • August 21st, 1997 - Ms. Sue Filson, Administrative Assistant Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 . • Re: Environmental Policy Technical Advisory Board Dear Ms. Filson, Based upon other interestand commitments I will not be submitting an update resume for consideration of reappointment to the E.P.T.A.B. I would like to thank the Board of County Commissioners for allowing me the opportunity to contribute to Collier County through this term on the Advisory Board. > '. II,// � ..,,,,e_c____ ichael ee, r.l.a. • l • * Design * Environmental Management * Planning * P.O. Box 8052, Naples, Fla. 34101 (94 1) 263-0486 MEMORANDUM DATE: August 25, 1997 TO: William D. Lorenz, Jr., Environmental Se vices Director FROM: Sue Filson, Administrative Assistan Board of County Commissioners RE: Environmental Policy Technical Advisory Board As you know, we currently have 1 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 as follows: Brenda Dejong 5195 10th Avenue, S.W. Naples, FL 34116 Maureen McCarthy 6075 Pelican Bay Blvd., #501 Naples, FL 34108 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 BRENDA DEJON 5195 10th Avenue SW (941) 352-8969 Naples, FL 34116 Construction: State of Florida Certified Residential Contractor CR C050177 Real Estate: State of Florida Licensed Real Estate Broker BK 0610455 Environmental: State of Florida Lic. Radon Measurement Technician R1637 EPA Certified Lead-Based Paint Inspector L/1-501 EPA Certified Lead Exposure Risk Assessor LRA-173 EPA Certified Lead Abatement Contractor EPA S 1047 EAA Certified Environmental Inspector 13802 EAA Certified Environmental Testing Specialist 13802 Experience Collier County Building Analysis 1991 to Showman Homes,Inc. present: Showman Realty,Inc. Owner of affiliated companies servicing real estate interests in the small community of Naples, Florida. The qualifier for Showman Homes,a high end custom builder. NABOR,the Naples Area Board of Realtors,is one of the leading real estate boards in South Florida. As a member I have performed on the Legal Resources Project Team. Our team of top real estate brokers and attorneys in Naples reviews legislation and makes written recommendations to the board on various legal issues, like the EPA/HUD Guidelines. Our group studied and reported on the impact, liabilities, and handling thereof Over the years I have been appointed to the Contract Revisions Committee, Home Inspection Addendum Committee,and Budget&Finance Committee. CCBA operates as a building and property inspection company. I have performed site reconiscense of bare property to complete analysis of all building components. CCBA also performs home inspections inclusive of radon and lead. Lead inspections include screens, risk assessments and lead abatement consultations. Arthur Rutenberg Controller, Financial Officer of Corporation. Responsible for all financial aspects of Homes,Inc.: operation. Prepared financial statements,financial forecasting and projections, cash management, supervised accounting personnel, signed checks (at times >$1 million per Oct. 1986 to month). I was responsible for lien releases and legal matters,personnel management, Sept. '91 coordinated constructions draws with banks and customers,negotiated spec and model loans in excess of S1 million with mortgage lenders. Analyzed project budgets in respect to budget vs. actual costs. Analyzed land acquisition costs,prepared spreadsheets, etc. Ferguson Controller/Credit Manager-(Started in Charlotte,N.C.,transferred to Tampa, Fla.,then Enterprises,Inc. to Columbus,Ga.to train a new branch Controller) Responsible for financial aspects of branch operation. Supervised accounting personnel, approved new credit accounts and Oct. 1984 to A/R collections,lien releases, filed liens and handled all legal responsibilities. Also Sept. '86 responsible for cash management,financial reporting,audits, and personnel management. > 10 years: Employed by IBM Corp., Consolidated Theatres, Inc., Rowe Corporation,and The City of Charlotte,N.C. Detailed information available upon request. Brenda DeJong Resume p2 • Major Dates Formal Education: FIU College of Engineering, Miami, Florida Construction Management 1995-96 Belmont Abbey College,Belmont,NC Business Administration 1981-83 Central Piedmont College, Charlotte,NC Computer Science 1977-78 King's Business College, Charlotte,NC Accounting 1975-77 Professional Education: Lee Vo-Tec, Fort Myers, FL Construction Estimating Beginning through advanced levels Dave Buster School of Construction Construction Contracting Miami-Dade College,Miami, FL Affordable Housing Management Bert Rodgers School of Real Estate 63 Hr Salesperson's Pre-licensure 45 Hr Salesperson's Post-licensure Ed Kopfler School of Real Estate 72 Hr Broker's Pre-licensure 30 Hr Investment Analysis 30 Hr Investment Management Inspection Training Associates Residential Property Inspection Oceanside, CA Commercial Property Inspection University of Cincinati Lead Inspector Training Department of Environmental Health Lead Exposure Risk Assessment University of California,San Diego Lead Abatement Training for EPA Western Regional Lead Training Center Supervisors and Contractors Environmental Assessment Association Phase I Environmental Audit Instructor on call for Associated General Contractors (AGC) contractors' continuing education classes required 'r license renewal and Edison Community College continuing education program"Peoples Law School". 08/14/1997 18:44 9415662483 PAGE 01 MAUREEN McCARTHY The Dorchester-Apt. 501 6075 Pelican Bay Boulevard Naples, Florida 34108 (941) 598-3857 Fax: (941)566-2483 August 14, 1997 Ms. Sue Filson Administrative Assistant Collier County Government By Fax_ 774-3602 Dear Sue: It was nice speaking with you this morning. This will confirm that I would be interested in serving on the Environmental Policy Technical Advisory Board (EPTAB). I have been very involved in the mangrove preservation issue here in Pelican Bay and was a volunteer member of the Public Policy Corps of the Conservancy. Additionally, I am very involved working with "at risk" children in Collier County. I am recently retired from a long career in senior management of financial services and ran my own consulting business for eight years. I am a full-time resident of Collier County. I am 50 years of age and have much energy to devote to issues of interest to me -children and the environment. I enclose an outdated copy of my resume and would welcome any questions you or the Board might have. Thank you so much for your courtesy. Sincerely, dd(r.(4,< enc. 08/14/1997 18:44 9415662483 PAGE 02 MAUREEN D. McCARTHY 6075 Pelican Bay Boulevard #501 Naples,Florida 34108 (941) 598 3857 SUMMARY: Results-oriented executive with proven track record in retail service/quality, sales management, marketing and product development. Outstanding coach who builds strong team to accomplish goals. RECENT EMPLOYMENT EXPERIENCE: April 1994 - Scandia Down Shops, Ltd. July 1995 Vice President -Down and Feather Full responsibility for the down and feather business for high-end specialty retail franchisor with 25 shops and down and feather sales in excess of S 10MM. . Responsible for all product development and product management, customer service, quality and competitive studies. . Introduced several unique products to the market including the country's first down and feather featherbed, which resulted in a 65%increase in featherbed sales. Reduced quality control problems by 98% in a five-month period through active management and tracking. . Conducted analyses throughout the franchisee network which showed that the down and feather business was the one aspect of the business which worked perfectly. . Reorganized and rationalized product pricing to meet competition, improve market coverage and enhance product differentiation. CONSULTING/INTERIM MANAGEMENT EXPERIENCE: 1988 To 1994 . Hired by Hanover Direct, Inc. to evaluate the 25-member franchise operation of the Scandia Down Company, a recent acquisition. In addition to visiting with and interviewing franchisees, was asked to identify and develop strategies to increase profits and to explore alternatives to franchising. During an eight month period was actively involved in the day-to-day management of the franchise business. Subsequently negotiated a joint venture licensing arrangement, sourced the venture partner, developed the structure of the agreement and worked with the new partner in setting up the business and introducing it and the new licensing format to the former franchisees. . At The Dime Savings Bank of New York, directed project to improve servicelquality in back-office support departments. Reporting to EVP, identified areas needing improvement and developed department-by-department plans to create a truly customer-first environment. Working with Department Heads, identified impediments to internal customer service, and directed cross- functional teams in developing solutions and action plans to solve business problems. Identified empowerment as the major developmental need to enable executives and staff alike to shift from a re-active to a pro-active response to customer need. 08/14/1997 18:44 9415662483 PAGE 03 • - 2 - . At Chase Manhattan Bank, replaced Vice President in charge of Product Management of Visa and MasterCard Classic Cards_ Managed product managers responsible for increased cash usage, increased purchase usage and attrition reduction. Worked with Customer Service, Systems and Operations to ensure smooth implementation of all programs. Worked with agency on positioning and testing. . At Citibank,replaced a series of officers in various credit product development areas. Ran new product meetings, introduced product enhancements and coordinated offerings with national efforts. PRIOR EMPLOYMENT HISTORY: 1988 Chemical Bank, New York Vice President and Market Manager Directed all retail banking and community lending activities in Rockland County and lower Westchester. Responsible for 12 branches with liability balances of $700MM, operating budget of$2MM and 130 people. . Managed all marketing activities and oversaw alternative delivery (loan centers, ATM's and Corporate sales). . Brought Rockland County from last place in sales (out of six regions) to first place in eight weeks. . Increased asset sales by 150% in six months. . Re-configured organization to increase sales staff by 15-20% without increasing head count. Increased sales per client contact from 1.8 to 2.9 in seven months. . Oversaw introduction of ATM technology into Rockland County, from installation to local marketing phase. 1987 - 1988 American Savings Bank, New York Senior Vice President-Retail Banking and Operations Directed all retail banking and central operations function for $4 billion thrift with 34 branches in six-county metropolitan area. Controlled $25MM operating budget and a staff in excess of 600 people. . Active member of Bank's Senior Management Committee. . Developed pro-active sales culture which increased cross-sell ratio from 1.2 to 2.8, Developed and implemented sales training program rolled out to 400 staff . Started a triage function to ensure that walk-in traffic was handled quickly and profitably by the right person. Opened three mortgage centers (the Bank's first), and directed the development of a computerized application tracking system to enable the mortgage client to be constantly in touch with the status of his application. . Introduced shopper surveys to ensure adequate cross-selling. . Set up sales tracking program. 08/14/1997 18:44 9415662483 PAGE 04 • -3 - 1981 - 1987 Citicorp/Citibank, New York Vice President International Private Bank 1984-1987 Vice President and Director of Marketing Support,responsible for product development, product management, market research, advertising, training and client protocol. . Active member of Senior Management Committee. . Developed the Bank's first overnight deposit account in multi-currencies, bringing in $25MM in the first month. Subsequently "sold" this product to other Citicorp entities. Presently offered in all domestic branches. . Initiated and developed the wholesaling of additional products to other Citicorp entities, resulting in additional revenues of$3MM. . Directed development of major sales management program which became prototype throughout other international banking centers. New York Banking Division 1981-1984 Vice President in charge of Madison Avenue/42 Street Branch. $350MM business with 65 employees. . Successfully turned business around to become a leading performer in Upper Manhattan Division. Consistently recognized with bonus and stock options. . Established Bank's first Legal Center, bringing in 43 new law firm clients in eight months. . Set up Executive Banking Program for major Fortune 500 company, resulting in $7MM in new liability balances in first three months. . Increased branch's overall liability balances by 48% in one year. 1973 - 1981 United Jersey Banks,Princeton, New Jersey Eight years in various member bank(The First National Bank of Princeton) and holding company positions. At First National, after holding lending and account management positions, was promoted to Director of Marketing and Public Relations. Subsequently transferred to UJB Marketing Department as Director of Communications. EDUCATION: B.S. State University of New York(SUNY) University of Colorado, Bank Marketing Association's Graduate School of Bank Marketing From : 8132630486 - 421. 1997 02:13 PM P01 Agee & .Associates Landscape Architecture August 21st, 1997 Ms. Sue Filson, Administrative Assistant Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 • Re: Environmental Policy Technical Advisory Board Dear Ms. Filson, Based upon other interest and commitments I will not be submitting an update resume for consideration of reappointment to the E.P.T.A.B. I would like to thank the Board of County Commissioners for allowing me the opportunity to contribute to Collier County through this term on the Advisory Board. Co II //r ichael . ee, I.a. w Design x Environmental Management " Planning P.O. Box 8052, Naples, Fla. 34101 (94 1) 263-0486 MEMORANDUM TO: Clerk to the Board/Minutes & Records FROM: Georgina Mausen, Senior Secretary ' Natural Resources Department DATE: 18-Aug-1997 RE: Environmental Policy Technical Advisory Board (EPTAB) Recorded Meeting Minutes I am submitting the following cassette tapes to be filed by your office: 1. Two (2) from the 8/7/97 Growth Management SubCommittee meeting. 2 . One (1) from the 8/11/97 Steering Committee meeting. 3 . One (1) from the 8/11//97 EPTAB meeting. If you have any questions, please call me at 732-2505. gmm/7629 "A COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL HEALTH/COMMUNITY SERVICES BLDG. SERVICES DIVISION 3301 E.TAMIAMII TRAIL NAPLES,FL 34112 Building Review and Permitting (941)643-8400 Code Enforcement (941)643-8440 Housing and Urban Improvement (941)643-8330 A CERTIFIED BLUE CHIP COMMUNITY Natural Resources (941)732-2505 Planning Services (941)643-8300 Pollution Control (941)732-2502 August 14, 1997 Byron Meade 1303 Cobia Court Naples,Florida 34102 RE: Attendance Record for EPTAB Dear Mr. Meade: Please note that the membership provisions for EPTAB state that "members shall be automatically removed if they are absent from two (2) consecutive meetings without a satisfactory excuse or if they are absent from more than one-fourth of the meetings in a given fiscal year". Our records indicate that you have two (2) consecutive unexcused absences. Additionally, you have missed three (3) meetings within the current FY97 fiscal year(October, 1996 - September 30, 1997) which is equal to the 75% attendance criteria. Please make sure that you are in attendance for the September 8, 1997 meeting to ensure your continued membership on EPTAB. If not, EPTAB could forward a recommendation to the Board of County Commissioners to remove you from the advisory board. Please call me at 941-732-2505 if you have any questions. Sincerely yours, 1 / / - _/a, -' / - William D. Lorenz, Jr., P.E. Natural Resources Director cc: Sue Filson EPTAB File MEMORANDUM TO: Clerk to the Board/Minutes & Records FROM: Georgina Mausen, Senior Secretary Natural Resources Department DATE: 12-Aug-1997 RE: Environmental Policy Technical Advisory Board (EPTAB) Recorded Meeting Minutes I am submitting the following cassette tapes to be filed by your office: 1. One (1) from the 7/10/97 Resource Protection meeting. 2 . One (1) from the 7/14/97 Steering Committee meeting. 3 . One (1) from the 7/14/97 EPTAB meeting. If you have any questions, please call me at 732-2505. gmm/7629 ENVIROMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: August 11, 1997 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 - July 14, 1997 IV. ANNOUNCEMENTS V. OLD BUSINESS a. EPTAB's Consolidation(Update) b. Voting Requirements (Update) c. ACOE-PEIS d. Water Conservation Ordinance VI. STANDING COMMITTEES A. COMMITTEE REPORTS (1) Steering Committee Mike McGee (2)Resource Committee Mike Simonik (3) Growth Management Mike Delate B. SPECIAL PROJECT COMMITTEE REPORTS (1)NRD Budget Bill McKinney VII. NEW BUSINESS 5 VIII. PUBLIC COMMENT ry 3 . IX. ADJOURNMENT C - I 0 ENVIROA__-NTAL POLICY TECHNICAL ADV_ 1RY BOARD SIGN IN SHEET AUGUST 11, 1997 EPTAB MEMBERS Steven Bigelow / Bradley Cornel Mike Delate ' I Brenda C. Fogel Allen Kratz — • Mike McGeeiyo� � % William E.J. McKinney ag Byron J. Meade, Monty Robinson Michael Simon'k Jan M. Stevens pi�Guzi�O a �tA, Staff Members Name Department Bi�L L0/u%,,J Public Minutes (yes/no) Address Phone No. 4 g1O Ln. l c// a1e3-3 727/- V\Cpti3 .3‘110 gmm/7704 Draft September 8th, 1997 Board of County Commissioners Timothy L. Hancock, Chairman, Collier County Government Center Naples, Florida 34112 Re: Adoption of the "Collier County Water Irrigation Ordinance" E.P.T.A.B. Advisory Board Recommendation Dear Chairman Hancock and Commissioners: Please find attached a list of recommendations and suggestions approved by the EPTAB Advisory Board for submittal to the Board of County Commissioners. The list of recommendations and suggestions was developed with input from the EPTAB Advisory Board, local Landscape Architects, Landscape Contractors, Irrigation Contractors, Big Cypress Water Basin Official' s, South Florida Water Management District Official's and the General Public. The EPTAB Advisory Board sent the attached recommendations and suggestions to the Collier County Water Director by letter dated 7/30/97 (See Attached) . As of 9/4197 the ordinance provided to the EPTAB Advisory Board Subcommittee included only one of the attached recommendations and suggestions. The EPTAB Advisory Board highly recommends that the Board of Commissioners consider incorporating all the recommendations and suggestions provided. The EPTAB Advisory Board believes these recommendations and suggestions create a more comprehensive water and irrigation conservation ordinance. If you or the other Commissioners have questions please contact Brad Cornell, Chairman at 592-7805. The EPTAB Advisory Board would welcome the attendance of any or all the Commissioners to the EPTAB meetings. Respectfully submitted, Bradley Cornell EPTAB Chairman cc: Commissioner Barbara Berry Commissioner Timothy J. Constantine Commissioner Pamela S. Mac'kie Commissioner John C. Norris Mr. Robert Fernandez, Collier County Administrator Mr. Ed Ilschner, Collier County Public Works Administrator Mr. Michael Newman, Collier County Water Director Mr. William D. Lorenz Jr. , P.E. , Environmental Services Division ORDINANCE NO.97- THE COLLIER COUNTY WATER IRRIGATION ORDINANCE TO PROHIBIT MOST WATER IRRIGATION EVERY DAY BETWEEN THE HOURS OF 9:00 A.M. AND 5:00 P.M. WITHIN THE BOUNDARIES OF THE COLLIER COUNTY WATER/SEWER DISTRICT AND WITHIN THE BOUNDARIES OF THE GOODLAND WATER DISTRICT; ALSO WITHIN OTHER GEOGRAPHIC AREAS OF UNINCORPORATED COLLIER COUNTY IF AND WHEN THE RESPECTIVE AREA IS HEREAFTER DESIGNATED AS AN IRRIGATION RESTRICTED AREA BY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS; PROVIDING PURPOSE; PROVIDING DEFINITIONS; PROVIDING WATER IRRIGATION HOUR PROHIBITIONS; DESIGNATING THE IMMEDIATELY AFFECTED GEOGRAPHIC AREAS; PROVIDING FOR EXEMPTIONS AND VARIANCE PROCEDURES; PROVIDING FOR POSSIBLE TERMINATION OF WATER UTILITY SERVICE FOR REPEATED VIOLATIONS; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE COUNTY'S CODE OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. ma WHEREAS, Chapter 125, Florida Statutes, (County Government) authorizes the Board of County Commissioners to enact those regulations necessary for the health, safety and welfare of the citizens and visitors of Collier County;and WHEREAS,the South Florida Water Management District has requested that all County and City Governments adopt an Ordinance to ban day time irrigation,and WHEREAS, the rapid growth of Collier County has placed and continues to place increasing demands on the water resources of the County;and WHEREAS,it is the intent of the Board of County Commissioners of Collier County to ensure the continued health,safety,welfare,and quality of life for the existing and future residents and visitors to Collier County by conserving the County's water resources;and WHEREAS, this Ordinance does not apply within the city limits of any municipal corporation. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA,that: SECTION ONE: TITLE AND CITATION. 1.1 This Ordinance shall be known as and cited as "The Collier County Water Irrigation Ordinance." SECTION TWO: FINDING. The Board of County Commissioners hereby makes the following findings: 2.1 That irrigation by water during the hours of 9:00 a.m. and 5:00 p.m. increases water loss to evaporation and reduces the beneficial use of the County's water resources; 2.2 That adopting an Ordinance to limit irrigation between 5:00 p.m. and 9:00 a.m. will raise public awareness and promote conservation;and 2.3 That restricting irrigation during the hours of 9:00 a.m. and 5:00 p.m will not create a hardship on the residents of Collier County. SECTION THREE: PURPOSE. 3.1 The primary purpose of the this Ordinance is to provide a conservation based regulatory framework to assist in the conservation of the County's water resources through its consistent and uniform use for landscape irrigation in designated areas. SECTION FOUR: DEFINITIONS. The following definitions shall apply within this ordinance: 4.1 Agriculture. The growing of farm products including, but not limited to, sugar cane, vegetables, citrus and other fruits, pasture land, sod or nursery stock including, but not limited to,ornamental foliage and greenhouse plants. 4.2 County. The Board of County Commissioners and Ex-Officio the Governing Board of the County and Goodland Water Districts. 4.3 Code Enforcement Officer. Any authorized agent or employee of the County whose duty it is to enforce County codes. 4.4 County Water/Sewer District. The service boundaries as established in Collier County Water-Sewer District, Special Act Chapter 88-499, Laws of Florida, as now or hereafter amended. 4.5 Goodland Water District. The service boundaries as established in Goodland Water District,Ordinance No. 80-43,or its successor ordinance. 4.6 Impervious. Land surfaces which do not allow the penetration of water,including paved roads, sidewalks,driveways,paved parking lots,and highly compacted areas including shell or clay. 4.7 Irrigation. The application of water from surface water or ground water sources or aquifers. 4.8 Irrigation Systems. Equipment and devices which deliver water to landscaping being irrigated including,but not limited to, pipelines, control structures, pipes, ditches, pumping stations, emitters, valves and fittings, but excluding the transfer of water through water management systems from one location to another. 4.9 Person. Includes any natural person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision,public officer,or any other entity whatsoever, or any combination of such,jointly or severally. 4.10 Water Resources. Surface and ground water sources and aquifers. 4.11 Water Utility Service. Water service provided by a public or private utility. 7 SECTION FIVE: IRRIGATION HOUR PROHIBITIONS. 5.1 All water irrigation activities within those areas and boundaries as designated in Section Six and which are not exempted by Section Seven shall be restricted to the hours between 5:00 p.m. and 9:00 a.m., seven days each week. Irrigation by water in those areas is prohibited between the hours of 9:00 a.m.and 5:00 p.m.,seven days each week. SECTION SIX: IRRIGATION RESTRICTION AFFECTED AREAS. 6.1 The provisions of this Ordinance shall apply immediately upon its effective date to landscape irrigation within the boundaries of the Collier County Water/Sewer District and within the boundaries of the Goodland Water District. 6.2 The provisions of this Ordinance shall become applicable to other geographic areas of unincorporated Collier County if and when the respective geographic area is classified by the Board of County Commissioners as a water irrigation restricted area by Resolution of the Board of County Commissioners after public hearing,which may include such areas that are served by private utility water service. 6.3 No provision of this Ordinance shall apply within any geographic area of the City of Naples or any other municipal corporation. SECTION SEVEN: EXEMPTION;VARIANCE PROCEDURES. 7.1 The following activities shall be exempt from the provisions of this Ordinance: 7.1.1 Landscape irrigation by hand-watering using only a self canceling nozzle. 7.1.2 Landscape irrigation by systems from which the sole source is treated wastewater effluent. 7.1.3 The short-term operation of irrigation systems only for system repair and maintenance. 7.1.4 Landscape irrigation for purposes of watering in fungicides, insecticides and herbicides as required by the manufacturer of the product,or by federal or state laws. This exemption. however, applies only to licensed pest control operators and is limited to the amounts recommended by the manufacturer's recommendations. 7.1.5 Landscape irrigation for the purpose of watering in newly planted grass and foliage for the first forty-five(90)days after initial installation. 7.1.6 Agricultural irrigation where the use of water is permitted by a consumptive or water use permit issued by the South Florida Water Management District. 7.2 Any person whose irrigation is affected by this Ordinance may make application to the County Water Director for a variance if full compliance with this Ordinance will impose a unique,unnecessary and inequitable hardship on such service. Relief may be granted only upon a 3 demonstration that such hardship is peculiar to that person or that affected property,the problem is not self-imposed, and that the granting of the variance would be consistent with the general intent and purpose of this Ordinance. Any application for variance or appeal shall be hand delivered or mailed by certified mail,return receipt requested. 7.2.1 The County Water Director is the appropriate individual to grant or deny variances for irrigation activities that utilize water provided by the County Water/Sewer District or the Goodland Water District. The Water Director shall render a decision on the variance request within ten(10)working days after receipt of a completed application. Denials of a variance request may be appealed to the Public Works Administrator within ten (10) days of receipt of the date of the Water Director's notice of denial. 7.2.2 An application for variance, and/or the granting of a variance, shall operate prospectively and shall not affect any then pending enforcement action against the property owner pursuant to the provisions of this Ordinance or .4 otherwise. 7.3 Should the Board of County Commissioners extend the provisions of this Ordinance to any other areas(in unincorporated Collier County),the County Administrator shall designate a County staff representative who will be delegated the responsibilities to act on behalf of the County to approve, in whole or in part, or disapprove variance requests within any such designated area(s). SECTION EIGHT: AUTHORITY TO TERMINATE WATER UTILITY SERVICE. 8.1 The County may terminate water service to any customer of the County Water/Sewer District or Goodland Water District, or any other end use water customer of the County anywhere in the unincorporated County who uses water for irrigation that is supplied by the County for irrigation, subject to the customer failing to comply with two (2) repeated warnings of violation of any provision(s) of this Ordinance. Service shall not be restored until those service connection(s)are brought into compliance with provisions of this Ordinance, or the applicant receives a valid waiver from the County Water Director or other designee of the County Administrator appointed pursuant to subsection 7.3,immediately above. SECTION NINE: PENALTIES. 9.1 Violators of this Ordinance shall be issued a $25.00 citation pursuant to the County's Citation Ordinance. Persons who commit repeat violations may also be punished pursuant to §162.21, Florida Statutes, as a civil infraction with a maximum civil penalty not to exceed five hundred dollars($500.00). Any person who violates any provision of this Ordinance shall also be subject to the County's remedies as authorized in §125.69, Florida Statutes, and/or Section 1-6 of the County's Code of Ordinances. 9.1.1 Each separate day (or part thereof) that there is a violation of this Ordinance by the same person or entity shall constitute a separate offense. 4 9.1.2 All monies collected pursuant to this Ordinance shall be used by the Code Enforcement Department to fund continued and enhanced enforcement of this Ordinance and/or other County Ordinances. SECTION TEN: CONFLICT AND SEVERABILITY. The provisions of this Ordinance shall be liberally construed to effectively carryout its purposes in the interest of public health and to protect the water resources of Collier County. If any section, phrase, sentence or portion of this Ordinance is, for any reason, 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 portions of this Ordinance. SECTION ELEVEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County,Florida. 7-1 SECTION TWELVE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this day of , 1997. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA By: By: Deputy Clerk TIMOTHY L.HANCOCK,CHAIRMAN Approved as to form and legal sufficiency: Thomas C.Palmer Assistant County Attorney h:\reso1utions97\waterbanord-tcp(8-18-971 5 August 11, 1997 Commissioner Timothy Hancock Chairman, Collier County Board of Commissioners 3301 E. Tamiami Tr. Naples, FL 34112 Re: EPTAB Review of the Memorandum of Understanding (MOU) for the Environmental Impact Statement (EIS) for Southwest Florida Dear Commissioner Hancock: The Collier County Environmental Protection Technical Advisory Board(EPTAB)has reviewed the revised memorandum of understanding prepared by the Chamber/EDC Coalition. EPTAB believes the changes made to clarify the memorandum are for the most part an improvement on the original. EPTAB, however, has concerns regarding some of the deletions and additions that have changed the intent of the original memorandum that was crafted with your direct input. These changes may have a detrimental affect on the environment of Collier County unless they are properly addressed. Specifically,EPTAB recommends the following revisions to the revised memorandum: ► Line 33: Revise by retaining original language Reason: In order to save endangered species from extinction it is important to preserve critical habitat. ► Lines 40-42: Revise by retaining original language Reason:?????? ► Lines 52-61: Revise by retaining original language Reason: The meaning of this paragraph is changed significantly. The original intent was to coordinate better with the Corps in the Comprehensive Planning process. Conflicts in the planning process lead to uncertainty for the public and development community. ► Line 68: Strike Estero River Basin and replace with Southwest Florida Reason: The original intent was to allow for the open public scoping process to determine which areas or water management basins are in need of being included in the study area. Certain portions of Collier County (particularly sections of north Golden Gate Estates which recently lost its Corps' General Permit) should potentially be included and not eliminated before public comment. ► Lines 101-105: Revise as follows: "The purpose and need of the EIS shall be to review secondary and cumulative impacts while providing the opportunity to streamline the Commissioner Timothy Hancock Chairman, Collier County Board of Commissioners Programmatic Environmental Impact Statement August 11, 1997 Page 2 environmental permit system." Reason: Protection of the environment should be given paramount importance. It is not in the public's general interest to streamline the permitting process over protecting the coveted natural environment of Southwest Florida. A likely outcome of the EIS will be a streamlined process,but this should not be the primary purpose of conducting the EIS. ► Line 110-111: Revise as follows: "The geographical area of the EIS shall be specifically defined and approved " Strike reference to Estero River Basin. Reason: Again, the scoping process should determine the boundaries. ► Line 118: Strike indii eel and replace with secondary Reason: Indirect is not well defined,whereas secondary has a specific definition relative to environmental impacts. ► Line 152: Revise as follows: binding decisions on jurisdictional delineations or listed species surveys in permit applications until such..... Reason: In order to clarify the intent of the paragraph, it should be made clear theat the binding decisions are on delineations or surveys in applications and not binding decisions in preparation of the EIS. ► Line 190: Revise as follows: ..of any development which has obtained a valid permit.... Reason: An expired permit should not grandfather a project from stipulations of the EIS. ► Lines 204-207: Strike added language. Reason: This statement is vague as to the definition of what is detrimental impacts, who will make that determination and the time frame involved. ► Line 217: Revise by retaining original language. Reason: The welfare and needs of the general public include are not limited to property rights but include other tangibles and intangibles. EPTAB recommends the revisions in order to better ptoect Collier County's interests in the preparation of the EIS.If you have any questions regarding this letter,please feel free to contact me. Sincerely, Bradley Cornell Chariman, EPTAB W:\8200\M-MI S C-1\MJD\MJD\TH70811.W P D Natural Resources FY 98 D-R-A-F-T Department Work Program August 11,1997 ( Fiscal Year 97/98 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Artificial Reef Program Marco 5 Mile Reef Grant Acceptance by BCC Bid Package to Purchasing - Bid Recomendation to BCC Material Placement Doctors Pass 2-Mile Reef Grant Application to BCC j FDEP Conceptual Approval Public Awareness Public Meetings Trade Show Boat Show I Annual Report Boats on the Beach Permits Notice Letters Pelican Bay Permit Issuance Boaters Guide • Funding Acquisition TDC I FDEP i ???? Marine Trades Association USFWS ???? Design Draft Mock-up Committee Review `aa�s i Final Mock-up FDEP Camera Ready Production Bid Specifications Bid Award Printing V Budget Preparation Budget Proposal _ _ - County Manager Review BCC Workshop BCC Public Hearings Clam Bay NRPA Field Investigations General Reconnaissance Sediment Redox Measurements Page 1 ,-", Natural Resources FY 98 D-R-A-F-T Department Work Program August 11, 1997 Oct Novi Dec Jan Feb Mar Apr May Jun Jul I Aug Sep Water Quality Monitoring i `4 s 1'-_ Seagrass Mapping Survey �� Quarterly Status Reports Exotic Plants1111 Clam Bay- Brazilian Pepper 6-month Reinspection I o"""" 'I- C I a m Clam Bay Australian Pine Control { II Clam Pass Park MOM Exotic Management Plans _��� Group 2 Group I �� - � _-� E r Group 3 FEM �� Group 4 Internal Support ! ■ 1 ■■ ■ Training Manual I 1 Training Workshops �■ Slide Show Presentation Pictures �"� 7� �" Computer Graphics I _ _ _-MIMI� Narrative I Grant SubmittalsIIII FACEE Grants f Grant Notice I - Complete Application ( - BCC Approval/Submittal I � Mil Urban Forestry Grant Notice " _` Complete Application BCC Approval/Submittal -===� I SFWMD/BCBB Partners Grant Notice Complete Application 1 ■ BCC Approval _) GMP -Amendments Revised Amendments if needed ,T V Habitat Protection Standards i illil Draft Report Review and Comment Final Report g BCC Presentation Manatee Speed Zones State Rule -- Rookery Bay Page 2 Natural Resources FY 98 D-R-A-F-T Department Work Program August 11,1997 Oct ( Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Public Hearing Support Public Awareness I Community Events Business Eco Expo County Government Day Sea Turtle Protection f Administration I _ Pgm Budget to OCPM -, Annual Report for FDEP ry=- Index Nesting Training �-= Equipment Maintenance " ,,,=- Beach Monitoring Compaction Measurements Daily Nesting and Hatching Surveys = Lighting Compliance I 4� Informational Materials _--� Notice LettersI . II I Inspections Stranding/Salvage Response Field Response/Reporting �= mak Special Projects Technical Support E Clam Bay Management Plan a� s Belle Meade Master Mitigation E Field Surveys = Monitoring Report ■■ ■ I I East Naples Effluent P Field Surveys . - g Monitoring Report - Immokalee Scrub III I Field Surveys Monitoring Report — 4111111111._ Gordon River Swamp Field Surveys __ _ _ . 1-1111111„:alinil Monitoring Report =MI North County WTP Field Surveys Monitoring Report j j Volunteer Enlistment Program Coordinator Quarterly Project Plans - ;;-=a: l Page 3 Natural Resources FY 98 D-R-A-F-T Department Work Program August 11,1997 i Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep -(Nater Conservation Strategy ( _ME Draft Report = 1 Review and Comment �Final Report __-- _ BCC Presentation I --� MI Waterways Management -- Facility Inventory _---_---_ Complete Field Work �-- Mapped Database E T _-- Derelict Vessel Grant I ---_III MI Grant Submittal --- Grant Approval _�_-- � Vessel Removal ��;.a� _I111 Caxambas Pass Channel __ ---_ Permits : IIIII Sign Installation r � ....s ����-- Caxambas Bay Idle Speed I _—Nil —_--�— Inventory _--_ Installation __1 _ Special Waterways Grant ( ____1111-- Grant Submittal --_— Grant Approval —F,__----------- 11111111.111111111111. Page 4 I 1 .11 . L I t 1 ! i F ! ` Q hint • I 3 4.40 � € { � � I . I T I as ,1c0 1 c0 I I r N. a LL• I :1.17, . N 1 N.- rlII a) 0 1 p Z ' 4-1 N , ; I 6. w Q Ho Q o z O 0h.) 'n a .� v @ cocLa E W — O) V ca v ;? v W a� F¢– 0 o v) O 1- a, p co 0+ aI v 3 ra a-') .0 a F-i C I U O N ( ca C > C \ ca t-- m a. a cE ,- 2aQ oo WcOcvcoi QCU °- O O -0 ` W o N } div, O a aiU vi Q C7 O- aca ) ca- cC N mL mc J• a) O ci) O �. Q = T C Q a) a) C v N N > w w o. a) ++ O C '- v) ca v) > o .? N ,0) •p _, O E N " Q o p +� w O o i cn ,, E ` o U wa X z• o. c`a O '�, N a� ° aii c O C a a. a c) CC UC = Q cc co + CL) co as . r • INTRODUCTION The following objections,recommendations and comments are based upon the Department's review of the Collier County proposed amendment to their comprehensive plan pursuant to s.163.3184, Florida Statutes(F.S.). Objections relate to specific requirements of relevant portions of Chapter 9J-5,Florida Administrative Code(F.A.C.), and Chapter 163, Part II, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some of these objections may have initially been raised by one of the other external review agencies. If there is a difference between the Department's objection and the external agency advisory objection or comment,the Department's objection would take precedence. Each of these objections must be addressed by the local government and corrected when the amendment is resubmitted for our compliance review. Objections which are not addressed may result in a determination that the amendment is not in compliance. The Department may have raised an objection regarding missing data and analysis items which the local government considers not applicable to its amendment. If that is the case, a statement justifying its non-applicability pursuant to Rule 9J-5.002(2), F.A.C.,must be submitted. The Department will make a determination on the non-applicability of the requirement, and if the justification is sufficient,the objection will be considered addressed. The comments which follow the objections and recommendations section are advisory in nature. Comments will not form bases of a determination of non-compliance. They are included to call attention to items raised by our reviewers. The comments can be substantive, concerning planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping, and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies and other agencies, organizations and individuals. These comments are advisory to the Department and may not form bases of Departmental objections unless they appear under the "Objections"heading in this report. DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS,RECOMMENDATIONS AND COMMENTS FOR COLLIER COUNTY Amendment 97-1ER July 6, 1997 Division of Resource Planning and Management Bureau of Local Planning This report is prepared pursuant to Rule 9J-11.010 • 677-76 , 1-1_"�. tT STATE OF FLORIDA E COMMUNITY AFFAIRS '� DEPARTMENT OF LAWTONCHIIS "Helping Floridians create safe, vibrant, sustainable communities" Governor rgn JAMES F.MURLEY 5 ��Secretary V July 6, 1997 1 UL - 8 1 97 { The Honorable Timothy L. Hancock,AICP, Chairman Collier County Board of County Commisssioners 3301 East Tamiami Trail Naples,Florida 34112-4977 Dear Chairman Hancock: The Department has completed its review of the proposed Comprehensive Plan Amendment for Collier County (DCA No. 97-1ER),which was received by the Department on April 30, 1997. Copies of the proposed amendment have been distributed to appropriate state,regional and local agencies for their review, and their comments are enclosed. I am enclosing the Department's Objections,Recommendations and Comments (ORC)Report,issued pursuant to Rule 9J-11.010,Florida Administrative Code (F.A.C.). The issues identified in this ORC Report include objections to revisions to various objectives and policies in the Future Land Use Element,Transportation Element and the Housing Element. It is very important that the adopted plan amendment addresses these issues and all of the objections in the Department's ORC Report. Upon receipt of this letter, Collier County has 120 days in which to adopt, adopt with changes, or determine that the County will not adopt the proposed amendment. The process for adoption of local government comprehensive plan amendments is outlined in s.163.3184,Florida Statutes, and Rule 9J-11.011, F.A.C. FLORIDA KEYS Area of Critical State Concern Within ten working days of the date of adoption, Collier County must Office 2796Overseas HighwatySuite2212 submit the following to the Department: Marathon,Florida 33050.2227 GREEN SWAMP Area of Oitial State Concern Field Office 155 East SurmeYlin Bartow,Florida 33830-4641 SOUTH FLORIDA RECOVERY OFFICE 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399-21 00 P.O.Box 4022 Phone: 904.488.8466/Suncom 278.8466 FAX: 904.921.0781/Suncom 291.0781 8600 N.W.3659 Street Mixni,FIorida33159-4022 Internet address: http://www.state.fl.us/comaff/dca.htmi r ` Honorable Timothy L. Hancock,AICP July 6, 1997 Page Two Three copies of the adopted comprehensive plan amendments; A copy of the adoption ordinance; A listing of additional changes not previously reviewed; A listing of findings by the local governing body, if any,which were not included in the ordinance; and A statement indicating the relationship of the additional changes to the Department's Objections,Recommendations and Comments Report. The above amendment and documentation are required for the Department to conduct a compliance review,make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendments, and pursuant to Rule 9J-11.011(5),F.A.C., please provide a copy of the adopted amendment directly to the Executive Director of the Southwest Florida Regional Planning Council. Please contact, Steve Atkins, Planner IV, Roger Wilburn, Community Program Administrator or Charles Gauthier, AICP, Growth Management Administrator, at(904) 487-4545 for assistance as you formulate your response to this Report. Sincerely, --tri ahfcLe 04%-.41 J. Thomas Beck, Chief Bureau of Local Planning JTB/saj Enclosures: Objections, Recommendations and Comments Report Review Agency Comments cc: Ms. Mary Lee Layne, Planner II Mr. Wayne Daltry, Executive Director, Southwest Florida Regional Planning Council Objections,Recommendations and Comments Report Collier County Proposed Amendment 97-1ER July 6, 1997 General Comments 1. Many of the objectives included in the Collier County Comprehensive Plan do not identify a measurable aim, intent,or desired effect and,therefore, do not comply with the definition of an "objective" as provided in Rule 9J-5.003(86),F.A.C. 2. The lack of measurability in an objective presents difficulties in developing associated policies that provide a means for achieving the desired results. The policies which are proposed in this Amendment are often mere status statements with no direction for application_ 3. Whenever possible,the objectives in the Collier County Plan should be revised to include a measurable aim, intent or effect. Where such measure cannot be identified,then perhaps this is an indication that the objective may be a better fit as a policy within another objective. 4. The Collier County Plan defers to the County's land development regulations for protection of natural resources. However, land development regulations and,hence,the degree of protection provided,can be changed without benefit of a Plan amendment review to the point where internal inconsistencies within the Plan may occur. The County, to avoid potential internal inconsistencies and to identify the level of protection desired, should include within the Plan the criteria which serve as the guiding principles for development of these land development regulations. Housing Element Potential Objections: 1. The support document for the Housing Element does not include data on number of households by size and income. [Rule 9J-5.010(2)(a),F.A.C.] Recommendation: Revise the support document to include the number of existing and projected households in unincorporated Collier County by size and income groups. 2. The support document provides estimates of farmworker housing needs for the Immokalee area based on information provided in the 1994 Immokalee Housing Study. The support document does not,however,provides estimates of farmworker housing needs for all of unincorporated Collier County, and such information is now available from the University of Florida, Shimberg Center. The support document for the Housing Element, therefore,does not make use of the best available data with regard to identifying farmworker housing needs. [Rules 9J-5.005(2)(c)and 9J-5.010(b),F.A.C.] 1 Recommendation:Revise the support document to include estimates of farmworker housing needs for unincorporated Collier County as provided by the Shimberg Center. 3. Proposed Objective 1 provides that the number of affordable housing units shall increase by 750 units each year to meet existing and future needs, including that of farmworkers. The term "affordable," as defined in the Plan's Housing Element(Definitions section of Support Document)is not consistent with that in Rule 9J-5.003(3),F.A.C., as it does not reference low and moderate income households. This objective could therefore apply to all income groups. [Rule 9J-5.021(3),F.A.C.] This proposed objective also does not define a meaningful measure for farmworker housing. As proposed,the County would need only to increase farmworker housing by one unit to achieve success. [Rules 9J-5.003(86), 9J-5.005(6), and 9J-5.010(3)(b)1.,F.A.C.] Recommendation: Revise the definition of"affordable housing"included in the Housing Element to achieve consistency with the definition contained in Rule 9J-5.003(3),F.A.C. Revise the proposed objective to establish a specific or measurable target for fannworker housing. 4. None of the policies proposed for inclusion under Objective 1, or elsewhere in the Housing Element, establish principles and criteria for the location of housing affordable to very low income,low income, or moderate income households. [Chapter 163.3177(6)(f)l.d., and g.,F. S., and Rule 9J-5.010(3)(c)5.,F.A.C.] Recommendation: Include policies under Objective 1 or other appropriate Objective,which set forth principles and criteria for the location of housing affordable to very low, low, and moderate income households. At a minimum,these principles and criteria need to provide for avoiding the concentration of affordable housing units only in specific areas of the County's jurisdiction.. 5. Proposed Objective 2, states"By 2000, create a non-profit housing development corporation, formed with a cross-section of representatives from business, government,housing advocates and the community at large, which will assist the City and County in achieving a new 750 units per year goal and strengthen public-private partnership efforts." The phrase"...strengthen public-private partnerships..." is vague. How does the strengthening of public-private partnerships relate to the delivery of 750 affordable units? And, is this strengthening to be accomplished by 2000? [Rules 9J-5.003(86), 9J-5.005(6), and 9J-5.010(3)(b)1.,F.A.C.] Recommendation: Revise the proposed objective to define an aim, intent, or effect for public-private partnerships that can be meaningfully measured. 6. None of the policies proposed for inclusion under Objective 2 provide guidelines for the creation of a non-profit housing development corporation or for how this non-profit agency is to "assist"in the delivery of 750 affordable housing units. The proposed policies therefore do not 2 provide for implementation of the proposed Objective. [Rules 9J-5.003(95), 9J-5.005(6), and 9J-5.010(3)(c)1., (F.A.C.] Recommendation: Revise the proposed policies or include additional policies under Objective 2 to establish guidelines for creating a non-profit housing agency and how it is to assist in the provision of affordable housing units. 7. Proposed Policy 2.1 provides that coordination between local government and the private sector shall be strengthened to increase the supply of affordable housing. This language is vague, as it does not identify the activities that need to be undertaken to"strengthen" coordination,nor does it provide a nexus between strengthening and the provision of housing. The language therefore does not comply with the definition of a policy or provide for its implementation. [Rules 9J-5.003(95), 9J-5.005(6), and 9J-5.010(3)(c)1.,F.A.C.] Recommendation: Revise proposed Policy 2.1 to provide guidelines for how coordination between local government and the private sector will be implemented to increase the supply affordable housing. 8. Proposed Policy 2.10 provides that,through adoption of local incentives,public and private sponsors will be encouraged to provide adequate housing for rural residents and farmworkers. This proposed policy is vague; it does not identify any specific incentives that may be adopted, and it is unclear what is meant by the term"adequate." [Rules 9J-5.003(95), 9J-5.005(6), and 9J-5.010(3)(c)1.,F.A.C.] Recommendation: Revise proposed Policy 2.10 to identify incentives that may be offered to sponsors for the provision of affordable housing for rural residents and farmworkers, and to clarify whether the term"adequate"means refers to affordability or quantity of housing, or both. 9. Proposed Policy 2.11 provides that the County will coordinate with independent water districts to ensure that the necessary infrastructure and facilities for new housing developments are in place. This proposed policy does not provide a time frame for the provision of infrastructure; it,therefore, does not ensure that development will be conditioned upon the availability of services and facilities consistent with the County's Concurrency Management System.[Rules 9J-5.003(95), 9J-5.005(6), 9J-5.055(3)(a), 9J-5.006(3)(c)3., and 9J-5.010(3)(c)1., F.A.C.] Recommendation: Revise the proposed policy to ensure the provision of infrastructure for new housing developments consistent with the time frames established by the County's Concurrency Management System. 10. Proposed Policy 2.12,which states"The County will adopt and implement policies which address the provisions of adequate site locations for farmworker housing,"is vague, as it does not establish when or where(in what document)the referenced policies will be adopted. The proposed policy therefore does not provide for how the subject program is to be implemented 3 and is inconsistent with the definition of a policy. [Rules 9J-5.003(95),9J-5.005(6), and 9J-5.010(3)(c)1.,F.A.C.] More importantly, proposed Policy 2.12 postpones the taking of affirmative action to correct a known deficiency(the 1990 Census,the 1994 Immokalee Housing Study, and the University of Florida, Shimberg Center have all provided data indicating a significant shortage of farmworker housing currently exists in the County) and is,therefore, inconsistent with the purpose of the Housing Element. [Rule 9J-5.010,F.A.C.] Recommendation: Revise proposed Policy 2.12 to establish principles and criteria to guide the location of housing for farmworker households. 11. None of the policies proposed for inclusion under Objective 2 or elsewhere in the Housing Element establish principles and criteria to guide the location of housing for farmworker households. [Rule 9J-5.010(3Xc)5.,F.A.C.] Recommendation: Revise the policies proposed for Objective 2, or add additional policies where appropriate to establish principles and criteria to guide the location of housing for farmworker households. 12. Proposed Policy 2.13 states"With the completion of the regional farmworker study conducted by the University of Florida's Institute for Food and Agricultural Sciences in late 1997,the County will review the recommendations and begin an implementation program." The support document for the Housing Element does not specify the purpose of the referenced study. The proposed policy is therefore based on inadequate data and analysis. [Rule 9J-5.005(2)(a), F.A.C.] The proposed policy is also vague as it does not indicate how the recommendations of the referenced study are to be implemented to attain the attendant goal. [Rules 9J-5.003(95), 9J-5.005(6), and 9J-5.010(3Xc),F.A.C.] Recommendation: Revise the support document to describe the referenced study. Revise the proposed policy to specify the intent or purpose of the regional farmworker study and to provide guidelines for implementation of the study's recommendations. 13. Proposed Objective 3,which states"By 2000, increase the number of housing programs and amount of funding available to promote the preservation and protection of existing, stable residential neighborhoods including rehabilitation of existing housing stock,elimination of substandard housing conditions, increasing home ownership opportunities and other appropriate efforts," is vague, as it does not define an aim, intent, or effect that can be meaningfully measured. Simply increasing the number of housing programs does not necessarily provide for the preservation or protection of existing housing stock. Nor does the increasing of program funding. With the proposed language,the addition of one program and one dollar would make achievement of this objective"successful." [Rules 9J-5.003(86), 9J-5.005(6), and 9J-5.010(3)(b),F.A.C.] 4 Additionally, this proposed objective appears to collectively address several objective requirements of Rule 9J-5.010 (i.e.,Rules 9J-5.010(3)(b)1., 2., 5., and 7.,F.A.C.] which may contribute to its lack of clarity. Recommendation: Revise the proposed objective to focus on the formulation of housing programs and to define an aim, intent, or effect that can be meaningfully measured. Establish separate objectives for the creation and preservation of affordable housing,elimination of substandard housing, and the conservation, rehabilitation and demolition of housing stock. 14. None of the policies included under Objective 3 serve to promote an increase in the number of housing programs and are,therefore, incongruous with said objective. [Rules 9J-5.003(95), 9J-5.005(6), and 9J-5.010(3Xc),F.A.C.] Recommendation: Revise the proposed policies or include additional policies under Objective 3 to establish and provide for the implementation of programs to create, conserve, and protect housing stock within stable neighborhoods. 15. Proposed Policy 3.3 provides that the number of loans to very low, low, and moderate income households for home improvements, rehabilitation and home buyers assistance shall be increased by 5 percent. This language is vague, as it does not indicate whether the increase shall be annual or for the planning time frames. [Rules 9J-5.003(95), 9J-5.005(6), and 9J-5.010(3)(c)7.,F.A.C.] Additionally,the proposed policy is not supported by adequate data and analysis. The support document provided in the Housing Element does not identify the number of such loans that were made in the past to serve as a baseline from which the effect of the policy can be measured. [Rule 9J-5.005(2)(a),F.A.C.] Recommendation: Revise the proposed policy specify whether the increase in loans is to be considered annually or for the planning time frames. Revise the support document to establish a baseline from which the effect the policy can be measured. 16. None of the policies included under proposed Objective 4, or elsewhere in the Housing Element,provide standards for the quality of housing, and principles to guide conservation, rehabilitation, and demolition strategies. [Rules 9J-5.010(3)(c)3. and 4.,F.A.C.] Recommendation: Add policies to Objective 4, or other appropriate objectives within the Housing Element,that establish standards for the quality of housing, and principles and criteria for implementing conservation, rehabilitation, and demolition strategies. 17. Proposed Policy 4.1 provides that new programs to reduce substandard housing shall be developed subsequent to completion of the comprehensive housing inventory. This proposed policy is a postponement to the taking of affirmative action to correct a known deficiency. The 1990 Census provides information on the existence of substandard housing in Collier County. It 5 is understood that the Census information may be based on a definition of substandard that may differ from the County's, and that greater resolution may be needed with regard to the exact locations of substandard units. However,the County still needs to develop guidelines to address substandard housing during the interim until the comprehensive housing survey is completed. [Rule 9J-5.010(b)2.,F.A.C.] Recommendation: Revise proposed Policy 4.1 or, alternatively,include additional policies which specify guidelines to be applied to substandard housing during the interim until the County's comprehensive housing study is completed and its recommendations implemented. 18. Proposed Policy 4.3 provides that the County and City shall work towards development of one uniform relocation housing policy. This language(i.e.,"work towards") is vague and does not provide guidelines for how the intended action is to be implemented. [Rules 9J-5.003(95), 9J-5.005(6),and 9J-5.010(3Xc)9.,F.A.C.] Recommendation: Revise proposed Policy 4.3 to provide guidelines for developing and implementing a uniform County/City relocation policy. 19. Proposed Objective 5 states"By 1999,the County and the City(of Naples)will review zoning standards and building code requirements, and amend as necessary to encourage the conservation,maintenance and/or rehabilitation of historically significant structures." This objective does not define an aim, intent or effect that can be meaningfully measured. Additionally,the term "historically significant"needs to be defined. [Rules 9J-5.003(86), 9J-5.005(6), and 9J-5.010(3)(b)5.,F.A.C.] Recommendation: Revise the proposed objective to establish an aim, intent or effect for the conservation, maintenance, and rehabilitation of historically-significant structures that can be meaningfully measured, and to indicate what historically-significant structures are being referenced. 20. Proposed Policy 5.1 provides that historically-significant structures "will be encouraged to maintain their historic value through the provision of incentives ..." This language is vague as it does not identify any specific incentives, to whom the incentives will be provided, or guidelines for implementation. [Rules 9J-5.003(95), 9J-5.005(6), and 9J-5.010(3)(c)3.,F.A.C.] Proposed Policy 5.1 also references the Federal Register of Historic Places;the correct name for this listing is the National Register of Historic Places. Recommendation: Revise the proposed policy to reference the National Register of Historic Places. Additionally,revise the proposed policy to specify incentives that will be provided to encourage the maintenance of historically-significant structures, identify to whom these incentives will be provided, and provide guidelines for implementation. 6 21. Proposed Policy 5.5,which states, in part,that"A periodic update of the Historical Housing Construction Survey shall be completed....," is vague, as it does not define a time frame for "periodic." [Rules 9J-5.003(95), 9J-5.005(6), and 9J-5.010(3)(c)3.,F.A.C.] Recommendation: Revise the proposed policy to provide a more specific time frame(s)for updating the Historical Housing Construction Survey. 22. Proposed Policy 5.6 states"By 1999,the Historic/Archaeological Preservation Ordinance shall be reviewed and amended as necessary." This language is vague as it does not provide any direction as to what is to be evaluated. It also implies that, after 1999,no further review and amendments are necessary. The proposed policy,therefore,does not adequately provide for the protection of historically-significant properties. [Rules 9J-5.003(95), 9J-5.005(6), 9J-5.006(3Xc)8., and 9J-5.010(3Xc)3.,F.A.C.] Recommendation:Revise the proposed policy to define what in the subject Ordinance is to be evaluated and to provide guidelines for implementation. 23. None of the policies proposed for Objective 5 establish standards for improving historically-significant structures. [Rule 9J-5.010(3)(c)3.,F.A.C.] Recommendation: Revise the proposed policies, or include additional policies, for Objective 5 to establish standards for improving historically-significant housing. 24. Proposed Objective 6 states"By 1999,review existing County and City(of Naples)land development and building codes to ensure that they are in compliance with State and Federal regulations, and amend as necessary,to provide for group homes and foster care facilities that are licensed and funded by the State of Florida." This objective does not define an aim,intent or effect that can be meaningfully measured. [Rules 9J-5.003(86), 9J-5.005(6),and 9J-5.010(3)(b)4.,F.A.C.] Recommendation: Revise this proposed objective to define an aim, intent or effect for the provision of sites for group homes and foster care facilities which can be meaningfully measured. 25. None of the policies proposed under Objective 6 establish principles and criteria for guiding the location of group homes and foster care facilities. [Rule 9J-5.010(3)(c)5.,F.A.C.] Recommendation:Revise the proposed policies,or include additional policies, for Objective 6 to establish principles and criteria for guiding the location of group homes and foster care facilities. Comments: 1. The Florida Department of State,Division of Historic Resources notes that 1500+ structures were constructed in Collier County prior to 1950 and that the County needs to sponsor surveys of 7 • these structures to determine their historic significance if they have not already been so evaluated. 2. The Division of Historic Resources has indicated that the historically-significant housing units listed in Appendix 11 should be cross-referenced with their Florida Master Site File numbers. Recreation and Open Space Element Potential Objections:None Recommendations:None Comments: None Traffic Circulation Element Potential Objections 1. Proposed Objective 11 provides that the County shall adopt a Transportation Element to replace the Traffic Circulation Element by January 1998. This objective is inconsistent with Chapter 163.3177(6)(j),Florida Statutes,which provides that a local government located within the jurisdiction of an Metropolitan Planning Organization shall, for the comprehensive plan, adopt a Transportation Element in lieu of a traffic circulation element, and Rule 9J-5.0053(5) which provides that EAR-based amendments must be adopted within one year of the EA R Report. [Chapter 163.3177(6)(j),F.S., and Rules 9J-5.0053(5) and 9J-5.019,F.A.C.] Recommendation: Revise proposed Amendment 97-1ER to establish a Transportation Element consistent with the requirements of Chapter 163.3177(6)(j), F.S.,and Rule 9J-5.019,F.A.C. 2. Proposed Policy 1.3 has been revised to, in part, require a study to determine optimum levels of service for County roads to facilitate prioritization of improvements. The policy, however, does not provide any direction for implementing the findings of this study. [Rules 9J-5.003(95), 9J-5.005(6), and 9J-5.019(4)(c)1.,F.A.C.] Recommendation: Revise the proposed policy to establish guidelines and criteria for its implementation. 3. The County, in Policy 1.4, proposes to lower the LOS standard on I-75 in the transitioning urban area from LOS C to LOS D. I-75 is part of the Florida Intrastate Highway System(FIHS), for which the Florida Department of Transportation has adopted an LOS standard of C in the transitioning urban area. The adoption by the County of an LOS that is lower than that adopted by FDOT on an FIHS road is inconsistent with Rules 9J-5-005(6) and 9J-5.019(4)(c)1.,F.A.C. Recommendation: Revise proposed Policy 1.4 to maintain the LOS standard adopted by FDOT for I-75 in the transitioning urban area. 8 4. Proposed Policy 4.9, which states"The County shall, as needed,upgrade existing facilities to meet minimum safety standards" is vague as it does not identify whose standards are being referenced. [Rules 9J-5.003(95), 93-5.005(6), and 9J-5.019(4)(b)1.,F.A.C.] Recommendation: Revise the proposed policy to identify the minimum safety standards that are being referenced. 5. Proposed Policy 4.11 provides that the County shall maintain the Spot Improvement Program developed by the Naples MPO. This proposed policy is not supported by data and analysis which describes the Spot Improvement Program. [Rule 9J-5.005(2),F.A.C.] Additionally,the language contained in the proposed policy is vague with respect to how the program is to be maintained. [Rules 9J-5.003(95),9J-5.005(6), and 9J-5.019(4)(c),F.A.C.] Recommendation:Revise the support document to describe the Spot Improvement Program. Revise proposed Policy 4.11 to provide guidelines for its implementation. 6. The words"to the greatest extent possible" in proposed Policies 4.1,4.12, 9.1, and 9.6 are equivocating, providing for discretionary implementation of strategies to promote the use of bicycles and walking and for transportation system management. [Rules 9J-5.003(95), 9J-5.005(6),93-5.019(4)(c)5., and 9J-5.019(4)(c)7.,F.A.C.] Recommendation:. The proposed policies should be revised to provide guidelines and criteria for their implementation. 7. Proposed Policies 4.10, 4.13,4.14,4.15, 4.16 are vague as they do not establish guidelines and criteria for implementation of strategies to promote the use of bicycles and walking. [Rules 9J-5.003(95), 9J-5.005(6), and 9J-5.019(4)(c)7.,F.A.C.] Recommendation: Revise the proposed policies to provide guidelines and criteria for their implementation. 8. Proposed Objective 8 provides that the County shall maintain a Concurrency Management System for road facilities. No policies are associated with this objective;therefore, no means are provided for achievement. (Rule 93-5.005(6),F.A.C.] Recommendation: Include policies to establish programs and activities to achieve proposed Objective. Alternatively, consider including this proposed objective as a policy elsewhere in the subject Element. 9. Proposed Objective 9, which states 'The County shall encourage safe and pleasant conditions for the residents,pedestrians,bicyclists and motorists on neighborhood streets," is vague as it does not define an aim, intent,or effect that can be meaningfully measured. [Rules 93-5.003(86), 93-5.005(6), 9J-5.019(4)(b)1.,F.A.C.] 9 Recommendation: Revise this proposed objective to establish an aim, intent, or effect for a multimodal transportation system management that can be meaningfully measured. 10. Proposed Objective 10,which states"The County shall encourage,to the greatest extent possible,safe and efficient mobility for the rural public," is vague as it does not define an aim, intent or effect that can be meaningfully measured. [Rules 9J-5.003(86), 9J-5.005(6), 9J-5.019(4)(b)1.,F.A.C.] Recommendation: Revise this proposed objective to establish an aim, intent,or effect for public transit services in rural land areas that can be meaningfully measured. 11. Projected road deficiencies in Table IV of the support document appear to be based on average daily traffic volumes,not peak hour, peak season volumes. It is not incorrect to provide estimates of need based on average daily traffic but, since the County's adopted LOS for roads is based on peak hour traffic,a projection of deficiencies based on peak hour traffic should also be included. [Rule 9J-5.005(2),9J-5.005(5), and 9J-5.019(3)(a),F.A.C.] Recommendation: Revise the support document to identify projected road deficiencies based on peak hour,peak season traffic volumes. 12. The existing transportation map series included in the support document for this element does not identify transportation facilities critical to the evacuation of the coastal population during impending storms or natural disasters. [Rule 9J-5.019(2)(a)11.,F.A.C.] Recommendation: Revise the existing transportation map series included in the support document to identify transportation facilities critical to the evacuation of the coastal population during impending storms or natural disasters. 13. The existing transportation map series does not identify significant pedestrian and bicycle ways. [Rule 9J-5.019(2)(a)3.,F.A.C.] Recommendation: Revise the existing transportation map to identify significant pedestrian and bicycle ways within the County, if appropriate. If no such pedestrian and bicycle ways exist, so indicate in the support document. 14. The existing transportation map does not identify significant parking facilities as determined by the local government(if appropriate) and parking facility capacities. [Rules 9J-5.019(2)(a)d., and(b)2.,F.A.C.] Recommendation: Revise the existing transportation map to identify significant parking facilities and their capacities within the County, if appropriate. If no such significant facilities exist, so indicate in the support document.. 10 15. The support document for this element does not include an analysis of the adequacy of the existing and projected transportation system to evacuate the coastal population during an impending natural disaster. [Rule 9J-5.019(3)(c),F.A.C.] Recommendation: Revise the support document to include an analysis of the adequacy of existing and projected transportation system to evacuate the coastal population during an impending natural disaster. Address the level of service provided, evacuation times, and location of major/constraints to evacuation. 16. The future transportation map series included in the support document does not include projected peak hour levels of service for transportation facilities. [Rule 9J-5.019(5)(b)4.,F.A.C.] Recommendation: Revise the future transportation map series to include projected peak hour levels of service. 17. The future transportation map series included in the support document does not include facilities critical to the evacuation of the coastal population prior to an impending natural disaster. [Rule 9J-5.019(5)(b)5.,F.A.C.] Recommendation:Revise the future transportation map series to identify facilities critical to the evacuation of the coastal population prior to an impending natural disaster. 18. The future transportation map series does not identify significant pedestrian and bicycle facilities. [Rule 9J-5.019(5Xa)5.,F.A.C.] Recommendation: Revise the future transportation map series to identify significant pedestrian and bicycle ways that are planned for the County. Comments: 1. Policy 2.2 needs to be amended to replace the words"Secondary Road Program"with "Capital Improvements Element"to be internally consistent with other policies in this element. 2. Proposed Policy 4.4 directs the County to annually adopt a 5-year Pathway Work Program for retrofitting pedestrian and bicycle facilities. Should not this program be adopted as part of the Capital Improvements Element? Mass Transit Element Potential Objections: 1. Alternative modes of travel, including public transportation,pedestrian, and bicycle travel, are to be addressed as part of the Transportation Element. [Chapter 163.3177(6)(j),F.S. and Rule 9J-5.019,F.A.C.] 11 Recommendation: Revise Proposed Amendment 97-1ER to integrate the Mass Transit Element within the Transportation Element consistent with the requirements of Chapter 163.3177(6)(j), F.S. and Rule 93-5.019,F.A.C. Aviation Element Potential Objections: 1. Aviation facilities, including access to, projected development of, and land use compatibility around, are to be addressed as part of the Transportation Element. [Chapter 163.3177(6)(j),F.S. • and Rule 9J-5.019,F.A.C.] Recommendation: Revise Proposed Amendment 97-1ER to integrate the Aviation Element within the Transportation Element consistent with the requirements of Chapter 163.3177(6)(j), F.S. and Rule 93-5.019,F.A.C. Public Facilities Element Potable Water Sub-element Potential Objections: 1. Proposed Policy 1.5.2. states"The County will discourage urban sprawl and the proliferation of private sector and/or package sanitary sewer treatment systems through the development order approval process to insure maximum utilization of the existing and planned public facilities, unless otherwise approved by the Board of County Commissioners to address environmental or public facilities,unless otherwise approved by the Board of County Commissioners to address environmental or public health and safety concerns. No existing private sector or package treatment system will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all DER permits." This language provides the County with discretionary approval of package treatment plants. Approval of such plants outside the Urban Designated Area could encourage clustering of development to achieve densities necessary to make such plants financially feasible; the byproduct of which could be development at densities higher than generally intended for rural districts and a promotion of urban sprawl. This discretionary language therefore presents a potential conflict with policies in the state comprehensive plan and also the Future Land Use Element of the Collier County comprehensive plan to discourage urban sprawl. [Rules 9J-5.021,9J-5.005(5), 9J-5.005(6), 9J-5.006(3)(b)8., and 9J-5.006(5)(g)2., F.A.C.] Proposed Policy 1.5.2 is also vague,as it does not specify any guidelines as to where these package plants may or may not be located, or any criteria for their use. As now proposed,the policy does not prohibit location of package plants in environmentally sensitive areas. It has been the experience of the Florida Department of Environmental Protection that package treatment plants, especially the smaller Type III(less than 100,000 gpd capacity)plants, are fraught with problems with operational efficiency and pollution control. The improper location of such plants could therefore pose significant threats to the quality of ground and surface water 12 resources in the County. [Rules 9J-5.003(95), 9J-5.005(6), 9J-5.006(5xg)4., 9J-5.011(2)(b)3., and 9J-5.011(2)(c)4.,F.A.C.] Recommendation: This policy needs to be revised to establish guidelines and criteria for the location of package treatment plants to protect environmentally sensitive lands,prevent the premature conversion of rural lands to urban densities,maximize the use of existing public facilities, and provide protection of ground and surface water resources. Comments: 1. The South Florida Water Management District(SFWMD)recommends that the support document for the Potable Water Element be revised to recognize the usage of the Floridian Aquifer System by Collier County Utilities and Florida Water Services at Marco Island. The SFWMD indicates that the Floridian Aquifer System has been identified as an alternative water supply source in the Lower West Coast Water Supply plan and that both utilities received 20 year Water Use permits in 1996 as an incentive for their use of the alternative source and their reclaimed water programs. 2. The SFWMD also recommends that the County should adopt a Water Conservation Plan consistent with that required by the SFWMD for local utility water use permits. This plan includes seven mandatory components: 1) irrigation hour restrictions; 2)xeriscaping; 3) ultra-low volume plumbing fixtures; 4)water conservation-based rate structure; 5)leak detection program; 6)installation of rain sensor devises; and 7)water conservation public education program. 3. The SFWMD recommends that, once package treatment plants are permitted and constructed, the County should require that they be connected to municipal service infrastructure, when it becomes available. 4. Policy 1.4.4, which states"Pursuant to general law(Chapter 91-68,Laws of Florida),by November 1, 1992,adopt a resolution promoting the use of xeriscape techniques(thought resistant landscaping)to maximize potable water use for landscaping irrigation," needs to be revised to amend or eliminate the date. Natural Groundwater Aquifer Recharge Sub-element Potential Objections: 1. Proposed Objective 1.1, which states"On an annual basis,revisit the computer simulations utilized to identify and map recharge areas that are most sensitive to contamination from land development and other surface activities," is vague; it does not indicate how the data from the computer simulations are to be utilized nor identify an aim, intent, or effect that can be meaningfully measured. The proposed objective therefore does not adequately provide for protection of groundwater and aquifer resources. [Rules 9J-5.003(86), 9J-5.005(6), and 9J-5.011(2)(b)5.,F.A.C.] 13 Recommendation: Revise the proposed objective to define an aim,intent, or effect for the mapping of aquifer recharge areas that can be meaningfully measured. 2. Proposed Objective 1.2,which states"Continue implementation of the local Ground Water Protection Ordinance that is designed to protect the County's ground water resources as well as sensitive aquifer resources,"is vague as it does not define an aim,intent or effect that can be meaningfully measured. The proposed objective therefore does not provide for the adequate protection of groundwater and aquifer resources [Rules 93-5.003(86), 93-5.005(6),and 9J-5.011(2)(b)5.,F.A.C.] Recommendation: Revise the proposed objective to define an aim, intent, or effect for protection of aquifer recharge areas that can be meaningfully measured. 3. Proposed Policies 1.2.1 - 1.2.5 are also vague as they do not establish guidelines and criteria for implementing the Ground Water Protection Ordinance to protect aquifer recharge areas. [Rules 9J-5.003(95), 9J-5.005(6), 93-5.011(2)(c)4.,F.A.C.] Recommendation: Revise these proposed policies to establish guidelines and criteria for their implementation. 4. Proposed Objective 1.3,which states that the County shall"Continue to collect and evaluate data and information designed to monitor the quality of ground water, and provide information for water resources planning and management," is vague as it does not define an aim, intent,or effect for water quality monitoring and water resources planning that can meaningfully measured. The proposed objective therefore does adequately provide for the protection of groundwater and aquifer resources. [Rules 9J-5.003(86), 9J-5.005(6), and 93-5.011(2)(b)5., F.A.C.] Recommendation: Revise the proposed objective to establish a measurable aim, intent,or effect for the water quality monitoring program with respect to aquifer recharge areas. 5. Proposed Objective 1.4,which directs the County to"Continue to provide the public with educational materials concerning ground water protection issues in Collier County," is vague as it does not define an aim,intent, or effect that can be meaningfully measured. The proposed objective therefore does not adequately provide for the protection of groundwater and aquifer resources. [Rules 9J-5.003(86), 93-5.005(6), and 93-5.011(2)(b)5.,F.A.C.] Recommendation: Revise the proposed objective to define an aim, intent or effect that can be meaningfully measured. 6. Proposed Objective 1.5,which states "The County will continue to refine plans and actions to preserve critical ground water recharge areas and ground water resources,"is vague as it does not define an aim, intent, or effect that can be meaningfully measured. The proposed objective 14 therefore does not adequately provide for the protection of groundwater and aquifer resources. [Rules 9J-5.003(86), 9J-5.005(6),and 9J-5.011(2)(b)5.,F.A.C.] Recommendation: Revise the proposed objective to define an aim, intent, or effect for protection of aquifer recharge areas that can be meaningfully measured. 7. Proposed Objective 2.1,which provides that the County shall"Continue to evaluate and specify local criteria for ensuring that development activities do not unacceptably alter the timing or reduce the quality and quantity of groundwater recharge," is vague. The term "unacceptably altar"needs to be defined. The proposed objective therefore does not adequately provide for the protection of groundwater and aquifer resources. [Rules 9J-5.003(86), 9J-5.005(6), and 9J-5.011(2)(b)4. & 5..,F.A.C.] Recommendation; Revise the proposed objective to define"unacceptably altar" such that it can be meaningfully measured. Comments: 1. The support document for the Aquifer Recharge Sub-element identifies the Corkscrew Swamp-Bird Rookery Swamp as a prime recharge area,but does not identify the location of said prime recharge area as required by Rule 9J-5.011(1)(f)4.g.,F.A.C. The location of this recharge area appears to have been included in the EAR(as Figure 4 in the Aquifer Recharge chapter). If maps showing the location of prime recharge areas are available,they should be included in the comprehensive plan. 2. The South Florida Water Management District has advised that Collier County Public Water Supply and Marco Island Public Water Supply have, and are, developing wellfields from the Floridian Aquifer System and that,therefore,the support document for the Aquifer Recharge Sub-element needs to be revised(pages 5-6, Aquifer Systems of Collier County)to reflect said development. 3. Proposed Policy 1.1.3 appears to be redundant with proposed Policy 1.1.2. Additionally,the relevance of the reference to Policy 1.5.4 is unclear. 4. Proposed Policy 1.3.4 appears redundant with proposed Policy 1.1.1. Sanitary Sewer Sub-element Potential Objections: 1. Proposed Policy 1.5.2. states"The County will discourage urban sprawl and the proliferation of private sector and/or package sanitary sewer treatment systems through the development order approval process to insure maximum utilization of the existing and planned public facilities, unless otherwise approved by the Board of County Commissioners to address environmental or public facilities,unless otherwise approved by the Board of County Commissioners to address 15 environmental or public health and safety concerns. No existing private sector or package treatment system will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all DER permits." This language provides the County with discretionary approval of package treatment plants. Approval of such plants outside the Urban Designated Area could encourage clustering of development to achieve densities necessary to make such plants financially feasible;the byproduct of which could be development at densities higher than generally intended for rural districts and a promotion of urban sprawl. This discretionary language therefore presents a potential conflict with policies in the state comprehensive plan and also the Future Land Use Element of the Collier County comprehensive plan to discourage urban sprawl. [Rules 9J-5.021, 9J-5.005(5), 9J-5.005(6),9J-5.006(3)(b)8., and 9J-5.006(5)(g)2., F.A.C.] Proposed Policy 1.5.2 is also vague,as it does not specify any guidelines as to where these package plants may or may not be located, or any criteria for their use. As now proposed,the policy does not prohibit location of package plants in environmentally sensitive areas. It has been the experience of the Florida Department of Environmental Protection that package treatment plants,especially the smaller Type III(less than 100,000 gpd capacity) plants, are fraught with problems with operational efficiency and pollution control. The improper location of such plants could therefore pose significant threats to the quality of ground and surface water resources in the County. [Rules 9J-5.003(95), 9J-5.005(6),9J-5.006(5)(g)4.,9J-5.011(2)(b)3., and 9J-5.011(2)(c)4.,F.A.C.] Recommendation: This policy needs to be revised to establish guidelines and criteria for the location of package treatment plants to protect environmentally sensitive lands,prevent the premature conversion of rural lands to urban densities,maximize the use of existing public facilities, and provide protection of ground and surface water resources. 3. Proposed Policy 1.5.1. states"Discourage urban sprawl by permitting central sewer systems only in the Designated Urban Area of the Future Land Use Element of this Plan, and in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan." This proposed policy is not supported by data and analysis which identifies those areas where the County has legal commitments to provide central sewer outside the Designated Urban Area. It is also unclear whether the phrase"as of the date of adoption of this Plan'refers to the original date of adoption(1989),or the date upon which the subject Amendment(97-11 R) is to be adopted. The proposed policy,therefore, does not provide adequate protection against urban sprawl. [Rules 9J-5.005(2)(a),9J-5.006(3)(b)8, 9J-5.006(5), and 9J-5.011(2)(b)3.,F.A.C.] Recommendation: Revise the support document for the Sanitary Sewer Sub-element to identify those areas or describe those situations where the County has legal commitments to provide central sewer facilities outside the Designated Urban Area. Revise the proposed policy to provide a date certain after which the County has no legal commitments to provide central sewer outside the Designated Urban Area. 16 Solid Waste Sub-element Potential Objections: 1. Proposed Policies 1.1.4, 1.2.7, and 1.3.3, are vague as they do not provide guidelines and criteria to"assure"public awareness and participation in solid waste collection, disposal,and recycling issues. [Rules 9J-5.003(95), 9J-5.005(6),and 9J-5.011(2)(c),F.A.C.] Recommendation: Revise the proposed policies to provide guidelines and criteria for implementing public education and participation programs to achieve level of service standards for solid waste. Comments: 1. Since the term"permittable capacity"is used in the adopted LOS standard for solid waste, it is recommended that this term be defined in the Solid Waste sub-element. 2. It is unclear whether the term"permittable" used in Section 5.0 (Summary)of the support document(in association with the search for new landfill sites)has the same meaning as "permittable capacity"used in Section 4.0 with regard to Level of Service. Drainage Sub-element Potential Objections: 1. The proposed revision to Objective 1.1 (Drainage Sub-element)is inadequate because it is vague and does not specify what shall be accomplished in order to address existing drainage facility deficiencies in the County. The existing Objective 1.1 required the preparation"by July 1, 1989" of a detailed Water Management Plan in order to have a better understanding of the County's drainage problems and"determine the costs necessary to increase the facility capacities to selected design storm standards". The proposed revision states that the County will"continue to evaluate detailed Water Management Master Plan ", suggesting a continuation of the study. This is inconsistent with Objective 1.4 which requires the development of policies and programs by"1996-97"to correct existing deficiencies"outlined in the adopted Water Management Master Plan". Furthermore,Policy 1.1.4 states that"projected demands for the period 2000 through 2005 will be addressed in any updates to the Water Management Plan implying that the Master Plan called for in Objective 1.1 has been completed. In addition, according to the data and analysis(page D-1-II),the Master Plan has been completed and some areas with drainage facility deficiencies in the County have already been identified. These areas need to be addressed by including programs and activities for correcting those deficiencies through the Five-Year Schedule of Capital Improvements. [Rules 9J-5.011(2)(b)1.&2.,F.A.C.] Recommendation:Revise Objective 1.1.,to delete the phrase"continue to evaluate" and specify the measurable end result to be accomplished in terms of capacity increase,within the planning time frame,to correct the existing drainage facility deficiencies as well as meeting the future 17 needs of the County. The revision shall be based on existing data and analysis on the areas currently experiencing drainage problems. If the County intends to further study the situation it has to include, in the plan, interim measures, activities, and programs which will correct existing deficiencies pending the completion of a more detailed study. 2. Proposed-Policy 1.1.6 requires the County to "initiate basin studies beginning with the Gordon River Extension Basin,followed by the Belle Meade Immokalee Basin,"while,Policy 1.1.7 requires the initiation of"sub-basin studies on the Secondary Drainage System and portions of the basin within the Urban Area." These policies are inadequate because,they do not specify the duration of such studies (i.e., starting date and ending date) and how the result will be used to increase capacity to correct existing drainage facility deficiencies and meet the future needs of the County. [Rules 9J-5.011(2)(b)1.&2., and(2)(c)1.,F.A.C.] Recommendation: Include, in proposed Policies 1.1.6 and 1.1.7,the duration of such drainage basin studies(during the planning time frame) and how the results shall be used to increase drainage capacity to address existing deficiencies and meet the future needs of the County. The plan shall specify that areas identified in the study shall be funded through the Five-Year Schedule of Capital Improvements. 3. Policies 1.1.1 is proposed to be revised to state as follows: "monitor adopted procedures that are in place to ensure that existing natural systems, development,and proposed development will receive beneficial consideration from proposed water management procedures and projects." Furthermore,the policy states that"Future updates and revisions shall reflect changed conditions in the new technique." This policy is vague and unclear regarding what will be implemented through the plan. Also,Policy 1.1.2 is vague and unclear regarding what will be implemented through the plan. This policy is proposed to be revised as follows: "implement procedures and projects during the 5- Year planning time frame to ensure that at the time a development permit is issued, adequate water management capacity is available or will be available when needed to serve the development." However,the procedures and projects to be implemented are not stated. [Rules 93-5.011(2)(c)1.,2., and 4.,F.A.C.] Recommendation: Revise Policy 1.1.1 to clearly state what shall be implemented through the plan to ensure that existing natural systems are protected. Also define in the policy what is meant by the phrase"receive beneficial consideration from proposed water management procedures and projects." With respect to Policy 1.1.2,revise it to include the"procedure and projects"to be implemented through the plan. 4. Policy 1.1.4, which is proposed to be revised, states that"projected demands for the period 2000 through 2005 will be addressed in any updates to the Water Management Master Plan." This policy is inadequate because projected demands are required to be specified in the comprehensive plan rather than deferring them to some other document yet to be prepared. [Rule 93-5.011(2)(c)1.,F.A.C.] 18 Recommendation:Revise Policy 1.1.4 to require projected demands to be included in the plan rather than deferring it to some documents yet to be prepared. If the County intends to conduct future studies from which to project future demands,the date and duration of such studies shall be specified in the plan. Capital Improvements Element Potential Objections:None Recommendations:None Comments:None Intergovernmental Coordination Element Potential Objections: 1. Proposed Policy 1.2.6 states"The County shall continue to coordinate with the Collier County School Board on the site selection for new schools and the provision of infrastructure, particularly roads,to support existing and proposed school facilities in accordance with the Interlocal Agreement adopted in accordance with Chapter 163.3177 F.S. on June 25, 1996.' The referenced Interlocal Agreement provides that the County shall review sites proposed by the School Board for acquisition and development to determine consistency with the comprehensive plan. The Future Land Use Element provides, in the descriptions of land use designations,that schools are a permitted use in all designations, including rural and conservation districts. However,neither the Interlocal Agreement nor the policies proposed for inclusion in the Intergovernmental Coordination or Future Land Use elements establish criteria for the location of schools to ensure that sites have sufficient size, are located proximate to residential development, are not located adjacent to incompatible land uses, are not located in environmentally sensitive lands,and are not located so as to promote urban sprawl. [Chapter 163.3177(6)(a),F.S.] Recommendation: Revise proposed Policy 1.2.6, or add additional policies under Objective 2 or elsewhere where appropriate in the Collier County comprehensive plan,to establish criteria for locating schools so that they have sufficient size to meet projected needs and future expansions, are located proximate to residential development, are not located adjacent to incompatible land uses, are not located in environmentally sensitive areas, and do not promote urban sprawl. Additionally, revise the land use descriptions contained in the Future Land Use Element to be consistent with these criteria;that is,which promote the location of schools within Urban Designated Areas and limit or prohibit their location in rural and conservation districts. Comments: 1. Policy 1.2.1 and Objective 1.3 need to be modified(i.e.,the respective dates the December 31, 1990 and January 1, 1990 need to be deleted) to maintain implementation consistent with modifications elsewhere in the Plan. 19 • Conservation and Coastal Management Element Potential Objections: 1. Amendment 97-1ER does not propose to amend the support document for the Conservation and Coastal Management Element to update the inventory and analysis of natural disaster planning concerns, including estimates of the number of persons requiring evacuation,the number of persons requiring public shelter,the number of shelter spaces available, evacuation routes, constraints on evacuation,and evacuation times. [Rule 9J-5.012(2)(e),F.A.C.] Recommendation: Revise the support document to include said information. 2. Amendment 97-1ER does not revise Policy 12.2.5 which defines the Coastal High Hazard Area as"that area lying within the Tropical Storm/Category 1 storm surge vulnerability zones as depicted in the most recent Sea,Lake,Overland Surge from Hurricanes (SLOSH)model." This definition of the Coastal High Hazard Zone is inconsistent with Rule 9J-5.003(19),F.A.C. [Rules 9J-5..003(19), 9J-5.005(6),and 9J-5.012(3)(c)7.,F.A.C.] Recommendation: Revise Policy 12.2.5 to provide a definition of the Coastal High Hazard area that is consistent with Rule 9J-5.003(19),F.A.C. 3. The following proposed objectives fail to clearly define an aim, intent or effect that can be meaningfully measured: proposed Objectives 1.2,2:1,2.4,2.5, 3.1, 3.3,4.1, 5.3, 5.4, 6.1, 6.3, 6.5,7.3, 9.1, 9.2, 9.4,9.5,and 11.6.Accordingly,they do not adequately provide for the conservation and protection of coastal wetlands, estuarine and marine resources, surface and ground water quality; minerals, soils,native vegetation communities, fisheries, wildlife, and wildlife habitat; and management of hazardous wastes to protect natural resources. [Rules 9J-5.003(86),9J-5.005(6), 9J-5.012(3)(b)1. & 2., and 9J-5.013(2)(b)2., 3.,4., & 10.,F.A.C.] Recommendation; Revise these proposed objectives to define an aim, intent,or effect for the conservation and protection of natural resources that can be meaningfully measured. 4. Proposed Objective 1.3 provides that the County will continue to develop and implement guidelines for the Natural Resources Protection Areas program. This objective originally established a completion date of August 1, 1994 for its accomplishment. By deleting the specific completion date and substituting,in its place,the words"Continue with,"the County may not generate the end product that can be used as the intended guideline for protecting natural resource areas within the County. Additionally,the support document for the Conservation and Coastal Management Element does not provide any information relative to the Natural Resources Protection Areas program; it does not identify how many resource areas have been designated and where they are located. [Rules 9J-5.003(86), 9J-5.005(2), 9J-5.005(6), and 9J-5.013(2)(b)4.,F.A.C.] Recommendation: Revise the proposed objective to establish a date specific for completion of subject guidelines. Additionally,the Florida Department of Environmental Protection has 20 recommended that the County work with the Army Corps of Engineers, other participating agencies, and members of the public to develop a cooperative agreement that will comprehensively evaluate the effects of development on the environment and facilitate appropriate prescriptions for protecting the County's remaining valuable resources. 5. Proposed Policy 1.3.2,which states"Continue with management guidelines for the undeveloped coastal barrier and estuarine natural resource protection area, "lacks clarity with respect to what action is to be continued. It is also unclear how the subject guidelines are to be applied. The proposed policy therefore does not adequately provide for the protection and conservation of coastal and estuarine resources. [Rules 9J-5.003(95), 9J-5.005(6), and 9J-5.012(3)(c)1., and 9J-5.013(2)(c)6.,F.A.C.] Recommendation:Revise the proposed policy to establish guidelines and criteria for implementation of the subject program. 6. Proposed Policy 2.4.1 is vague as it does not indicate when or how the County is to notify FDEP of development proposals that could affect Rookery Bay and Cape Romano-Ten Thousand Islands Aquatic Preserves. The proposed policy therefore does not provide adequate protection of native communities from development activities.[Rules 9J-5.003(95), 9J-5.005(6), 9J-5.013(2)(c)3.,F.A.C.] Recommendation:Revise the proposed policy to establish guidelines for its implementation. 7. Proposed Objective 5.2 , which states"Continue to ensure adequate assessment and mitigation of site specific and cumulative impacts resulting from mineral extraction activities," is vague; as is unclear what constitutes "adequate" assessment and mitigation. [Rules 9J-5.003(86), 9J-5.005(6), and 9J-5.013(2)(b)3.,F.A.C.] Recommendation: Revise the proposed objective to establish an aim, intent or effect for the assessment and mitigation of mineral extraction activities that can be meaningfully measured. 8. Proposed Policy 6.1.8 states "Incentives should be created which would allow development to continue,but at the same time would also insure that some of the most ecologically sensitive habitat and vegetative communities are retained." The term"should"provides for discretionary implementation thereby not ensuring that this program or activity will be implemented. (Rules 9J-5.003(95), 9J-5.005(6), and 9J-5.013(2)(c)3.,F.A.C.] Recommendation: Revise the proposed policy to replace the term"should"with shall and establish as time certain for completion. 9. Proposed Policy 6.3.4 states "Wetlands should be delineated according to Sections 373.019 ... and ...373.421 Florida Statutes." The term "should"provides for discretionary implementation thereby not ensuring that this program or activity will be implemented. (Rules 9J-5.003(95), 9J-5.005(6), and 9J-5.013(3)(a),F.A.C.] 21 Recommendation: Revise the proposed policy to replace the term"should"with shall and establish as time certain for completion. 10 Proposed Objective 7.2,which states"West Indian Manatee deaths shall not exceed the 5-year average of 1983-1987 of 11 deaths," lacks clarity. Is this objective speaking to all causes of death(including natural causes) or is it be limited to those mortalities caused by collisions with boats, since this was the data base included in the support document. Additionally,it is unclear whether the death rate average expressed in this Objective is 11 per 5 years or 11 per annum. [Rule 9J-5.003(86), 9J-5.005(6), and 9J-5.013(2)(b)4. F.A.C.] Recommendation: Revise this proposed objective to clarify its measurable intent. Comments: 1. The Florida Department of State,Division of Historic Resources suggests that proposed Policy 12.1.2 be expanded to enable consideration(in the development review process)of areas with high probability of archaeological resources,but for which no cultural resources assessment surveys have yet been conducted. 2. The Division of Historic Resources advises that,with regard to Item C in proposed Policy 12.1.2 (which provides that the owner of an historic site may allow excavation of the site by the Division of Historic Resources)that the subject agency no longer sponsors mitigation on private property. Future Land Use Element Potential Objections: 1. The support document does not provide, in tabular form,the approximate acreage and the general range of density or intensity of use for each existing land use category. [Rule 9J-5.006(1)(c),F.A.C.] Recommendation: Revise the support document to include said information. 2. Proposed Objective 2 is poorly developed and does not comply(i.e., lacks measurability)with the definition of an objective as stated in Rule 9J-5.003(86),F.A.C. The proposed objective contains a mix of incongruous statements, and is unnecessarily wordy. The objective could be distilled to simply state that development approval shall be contingent upon the availability of public facilities as set forth in the CMS of the CIE. The associated Policies(2.1 and 2.2) are redundant with the objective. These issues notwithstanding, Objective 2 appears to have been included to meet the requirements of Rule 9J-5.006(3)(b)1.,F.A.C. The latter provides that future land uses shall be coordinated with appropriate soils and topography and the availability of public facilities. While making the approval of development contingent upon the availability of public facilities would 22 be consistent with Rule 9J-5.006(3)(b)1.,this provision alone is not entirely what the Rule contemplates. Instead,the intent of Rule 9J-5.006(3)(b)1., is to ensure that future land uses are distributed in accordance to suitable soils,topography,and public facilities. It is more of a distribution issue than a concurrency issue. The availability of public facilities, suitable soils and suitable topography should help guide the location of future land uses. It is suggested that Objective 2,and its associated policies be revised to more fully embrace the intent of Rule 9J-5.006(3)(b)1.,F.A.C. Recommendation: Revise proposed Objective 2 to specifically require that the location of future land uses be coordinated with appropriate topography, soil conditions and the availability of facilities to serve the needs of the projected population within the planning time frames. Include,with the revised objective,relevant associated policies that specify guidelines,criteria, and activities to be implemented through the plan to ensure that development activities in the County are properly coordinated with relevant topography and soil conditions as well as with the availability of facilities. 3. Proposed Objective 3 states"In order to ensure protection of natural and historic resources, ensure the availability of suitable land for utility facilities, ensure the consistency of development with level of service standards, promote compatible land uses within the airport noise zone,and generally provide for the management of growth in an efficient and effective manner,the following regulatory strategy shall be followed: - Land development regulations to implement this Growth Management Plan have been adopted and codified into the Collier County Land Development Code. The development review process has been evaluated and improved by the time mandated for adoption of Land Development regulations pursuant to Chapter 163.3202,F.S., including any amendments thereto. These Regulations encourage creative solutions which address the unique situations of Collier County." This proposed objective does not define an aim, intent, or effect for growth management land development regulations that can be meaningfully measured. Additionally,the statements which are contained in the regulatory strategy(second paragraph of objective)merely indicate the status of the County's Land Development Code and lack congruity with the lead paragraph. The proposed objective therefore does not adequately provide for the use of land development regulations. [Rules 9J-5.003(86),9J-5.005(6), and 9J-5.006(3)(b)10.,F.A.C.] Recommendation: Revise the proposed objective to define an aim, intent, or effect for the County's land development regulations that can be meaningfully measured. Revise the regulatory strategy included in the second paragraph of this proposed objective to achieve congruity with the first paragraph. 4. The paragraphs included under proposed Policy 3.1 lack consistency in their development (some merely indicate that certain land development regulations have been adopted; others indicate when these regulations are to be applied in the development review process),creating incongruities within the Policy and with the associated objective. Additionally,proposed Policy 3.1 contains redundancies(e.g.,paragraph"g" is redundant with the Objective 2, at least in part; 23 and paragraph"i" is redundant with paragraph"g")and lacks clarity in places(e.g.,2nd sentence in 2nd paragraph under paragraph"k"). Proposed Policy 3.1 identifies those land development regulations that have been adopted by the County and which may apply to the development review process. Land development regulations may be changed(strengthened,weakened,rescinded)without benefit of a plan amendment review. If the County is going to rely on land development regulations for the protection of resources and provision of public facilities and services,then the guidelines and standards for their implementation need to be included in the comprehensive plan. [Rules 9J-5.003(95), 9J-5.005(6),and 9J-5.006(3)(c)1.,F.A.C.] Recommendation: Revise the proposed policy to include the operative guidelines and criteria established in the land development regulations. 5. The Future Land Use Element does not identify the percentage of mix allowed in its mixed • use categories of land use (such as Business Park Sub-district,Traditional Neighborhood Design Sub-district,-and Activity Center Sub-district) as required by Rule 9J-5.006(4Xc),F.A.C. Recommendation: Revise the descriptions of land use districts and subdistricts to specify the percentage of mix allowed per each land use within the mixed-use categories. 6. The Future Land Use Element does not establish or identify intensity standards for all non-residential categories of land use. Rule 9J-5.006(3)(c)7.,F.A.C.. Recommendation: Revise the description of land use districts and subdistricts to specify,for all non-residential land uses,the maximum allowable intensity standards. 7. Although proposed Policy 4.5 indicates that an Industrial Land Use Study(that includes an inventory of industrial uses,projections of demands , and recommendations for future allocations and locational criteria)has been completed and incorporated into the support document of the Collier County Growth Management Plan,this study did not appear to be included in said support document. [Rules 9J-5.005(2)(a) and 9J-5.006(2)(c),F.A.C.] Recommendation: Revise the support document to include the referenced industrial land use study. 8. The proposed Future Land Use Map identifies a Coastal Management Boundary that is based on the storm Category 1 SLOSH area(potential for salt water flooding from 1 storm in 12 years), rather than the Coastal High Hazard Area that is based on the Category 1 storm evacuation area. Similarly,Maps 10 and 12,which show the locations of public facilities within the Coastal High Hazard Area, are also based on the Category 1 SLOSH area. The Future Land Use Map and Maps 10 and 12 are therefore inconsistent with Rules 9J-5.003(19), and 9J-5.006(4)(b)6.,F.A.C. Recommendation: Revise the Future Land Use Map and Maps 10 and 12 to delineate the Coastal High Hazard Area based on the Category 1 storm evacuation area. 24 9. The proposed Future Land Use Map does not include all land use Subdistricts that are established in the Future Land Use Element(i.e.,Business Park,Neighborhood Commercial,and Traditional Neighborhood Subdistricts are not included for Urban-Mixed Use; and Business Park Subdistrict is not included for Urban-Commercial)and is,therefore, inconsistent with said Element. [Rules 9J-5.005(2) and 9J-5.006(4)(a),F.A.C.] Recommendation: Revise the Future Land Use Map to include all land use subdistricts identified in the Future Land Use Element. 10. The Future Land Use Element does not include policies which address the protection of potable water wellfields by designating appropriate activities and land uses within wellhead protection areas. [Rule 9J-5.006(3)(c)6.,F.A.C.] Recommendation: Revise the Future Land Use Element to include policies which address the protection potable water wellfields by designating appropriate activities and land uses within wellhead protection areas. Protection areas (or zones) should be based on the cone of influence for each water well. Uses such as industrial uses, chemical storage, and certain kinds of commercial activities which have the potential to contaminate adjacent water wells should not be permitted within proximity to the wells. The County could establish zones of differing protection.For example: Zone One(at a certain immediate radius around the well)where only uses such as passive recreational uses are allowed;Zone Two(at further distance from the well)where uses such as single-family residential uses which will not contaminate water wells could be allowed, and Zone Three, where commercial activities that do not have the potential to contaminate underground water could be allowed. Comments: 1. The County's analysis of future land use requirements focuses on buildout of its Urban Designated Area. The County has, in the support document for the Future Land Use Element, specified the amount of land that has been developed in Collier County by land use type (residential, commercial, industrial, institutional) and the amount of developable land that remains undeveloped. The County has further indicated, in the Urban Area Buildout Study which is appended to the support document,the amount of undeveloped land that is currently zoned for residential development and the maximum allowable number of residential units permissible under this zoning. Based on this information,the County has(in the Urban Area Buildout Study) estimated the number of residential units that will exist within the Urban Designated Area at buildout and the amounts of commercial, industrial (supposedly; see Potential Objection, above), and institutional land that is needed to support this residential development. Thus, for the purpose of future land use requirements,the County is assuming that no additional land is needed within the Designated Urban Area to accommodate the future population. 25 • The difficulty with this buildout approach is that if zoning of the undeveloped lands within the Designated Urban Area changes such that it affects the amount of land designated for residential development, then concomitant changes must also be made to the allocation of other, supporting, land uses. It is unclear whether the Future Land Use Element in the Collier County Plan adequately provides for making such concomitant changes. Furthermore,the density bonus system,which provides that density increases for residential land use may be permitted for the conversion ofcommercial land,would seem to be in conflict with this buildout approach. 2. Proposed Policy 3.1.i provides that historically significant housing will be protected by land development regulations. The Florida Department of State,Division of Historic Resources recommends that, if not already provided,these regulations should promote,as a first option,the preservation of historic resources in situ. Mitigation should be considered as an alternative, less desirable option. 3. The Division of Historic Resources recommends that the historically-significant sites identified on Map 8 should be cross-referenced with their Florida Master Site File numbers. Golden Gate Area Master Plan Potential Objections 1. The alternative goal (Goal 2), objectives(2.1, 2.2, and 2.3 )and policies (2.1.1,2.1.2,2.1.3, 2.2.1,2.2.2,2.3.1,2.3.2, and 2.3.3)proposed for the South Golden Gates Estates(SGGE) area do not provide that the standards and guidelines established for the Big Cypress Area of Critical State Concern(Chapter 28-25,F.A.C.) shall also be applied to development proposals within the SGGE. Chapter 28-25,F.A.C., establishes limitations on site alteration, construction of drainage facilities, and construction of transportation facilities so as to maintain the hydrologic conditions of existing wetlands. The proposed goal, objectives, and policies therefore provide for a lesser degree of protection for natural resources within the SGGE area. [Rules 9J-5.013(2)(b)2. &4., 9J-5.013(2)(c) 3., 6., & 9., 9J-5.013(3)(a),F.A.C.) Recommendation: Retain the existing objectives and policies for the SGGE or revise the proposed objectives and policies to provide for protection of natural resources consistent with that provided by application Chapter 28-25,F.A.C. 2. Proposed Policies 2.3.1 and 2.3.2,which direct the Florida Department of Environmental Protection(FDEP)to complete an appraisal of land values within the SGGE area and a Work Plan for the acquisition of subject properties by October 1, 1997, and proposed Objective 2.3, which directs FDEP to complete purchase of the subject properties by December 31, 2000 do not establish a reasonable time frames for completion. Additionally, proposed Objective 2.3 and associated policies 2.3.1 -2.3.3, which direct the Florida Department of Environmental Protection to undertake certain actions by October 1, 1997, and December 31,2000, and which provide the County with oversight and approval 26 authority,conflict with the regulatory authority of a state agency. [Chapter 163.3211,F.S. and Rule 9J-5.005(6),F.A.C.] Recommendation: Revise Objective 2.3 and Policies 2.3.1 -2.3.3 to establish reasonable time frames,in consultation with FDEP,for acquisition by the State of properties in the SGGE. Since it is not within the County's authority to direct the actions of a state agency, it is recommended that these policies be revised to require coordination with FDEP rather than directing FDEP to take actions within a certain time. 3. The Golden Gate Area Master Plan establishes the year 2000 as its planning time frame. This time frame is inconsistent with the planning time frames established in the Future Land Use Element,which are 2000, 2005,2010,and buildout. [Rule 9J-5.005(4),F.A.C.] Recommendation: Revise the data and analysis for the Golden Gate Area Master Plan, and the Future Land Use Map(if appropriate)to reflect planning time frames consistent with those established in the Future Land Use Element. Immokalee Area Master Plan Potential Objections: 1. Proposed Policy 11.1.6,which states"By 1998,the Comprehensive Planning Section and the Housing and Urban Improvement Department will review and make a recommendation on land designated and zoning districts in relationship to the redevelopment efforts of South Immokalee and the economic development efforts taking place within the Immokalee Enterprise Zone," is unclear. [Rules 9J-5.003(86)and 9J-5.005(6),F.A.C.] Recommendation: Revise this proposed objective to improve its clarity and define an aim, intent or effect that can be meaningfully measured. 2. Proposed Objective 11.2,which states "Redevelopment of South Immokalee and the Main Street Area shall be supported by the County and local community organizations," does not contain a measurable aim, intent or effect. The proposed objective therefore does not adequately provide for the encouragement of redevelopment of blighted areas. [Rules 93-5.003(86), 9J-5.005(6), and 9J-5.006(3Xb)2.,F.A.C.] Recommendation: Revise the proposed objective to define an aim, intent or effect for redevelopment in South Immokalee and the Main Street Area that can be meaningfully measured. 3. Proposed Policy 111.2.2,which states"By 1998,the Community Development and Environmental Services Division will update the 1994 Immokalee Housing Study and develop implementation strategies based on the revised recommendations,"represents a postponement to taking affirmative action to correct existing,known deficiencies. The Immokalee Area Master Plan Element previously called for completion of this aforementioned Housing Study and the 27 development of a strategy to provide for affordable housing. The Study has been completed, deficiencies have been identified, and recommendations have been made. The County needs to take action to correct the identified deficiencies. As written,the proposed objective does not comply with the purpose of the Housing Element. [Rule 9J-5.005(2), 9J-5.005(6),and 9J-5.010, F.A.C.] Recommendation: Revise the proposed policies,or include additional policies under this objective to establish principles and criteria to provide and guide the location of housing for very low, low,and moderate income households in Immokalee. 4. Proposed Objective IIL4,which states"There shall be a continued effort to supply adequate housing to assure safe,healthful, and affordable housing for very low and low income households in Immokalee," is vague and has no meaningful measurability. The proposed objective therefore does not adequately provide for the creation or preservation of affordable housing. [Rules 9J-5.003(86),9J-5.005(6), and 9J-5.010(3)(b)1.,F.A.C.] Recommendation: Revise the proposed objective to define an aim, intent or effect for the creation or preservation of affordable housing that can be meaningfully measured. 5. The Immokalee Area Master Plan establishes the year 2000 and buildout as its planning time frames. These time frames are inconsistent with the planning time frames established in the Future Land Use Element,which are 2000, 2005,2010, and buildout. [Rule 9J-5.005(4),F.A.C.] Recommendation:Revise the data and analysis for the Immokalee to reflect planning time frames consistent with those established in the Future Land Use Element. 28 Consistency With The State Comprehensive Plan Proposed Collier County Amendment 97-1ER is inconsistent with the following policies of the state comprehensive plan(Chapter 187,Florida Statutes): • Policy 5(b)3., to identify housing needs,provide incentives to the private sector to build affordable housing, encourage public-private partnerships to maximize the creation of affordable housing. • Policy 8(b)1.,to ensure the safety and quality of drinking water supplies. • Policy 8(b)9.,protection of aquifers from depletion and contamination through regulatory programs. • Policy 8(b)10.,protection of surface and groundwater quality and quantity. • Policy 8(b)12., elimination of the discharge of inadequately treated wastewater and stormwater runoff into waters of the state. • Policy 10(b)1., conservation of forests, wetlands, and wildlife to maintain their environmental, economic,aesthetic and recreational values. • Policy 10(b)7., protection of wetlands. • Policy 10(b)8.,to promote restoration of the Everglades system. • Policy 16(b)1.,to promote efficient development in areas which have the capacity to service new population and commerce. • Policy 16(b)2., incentives to encourage a separation of urban and rural land uses. • Policy 18(b)1., to promote maximum use of existing public facilities. • Policy 19(b)3., to ensure the identification of historic resources. • Policy 19(b)5.,to encourage the rehabilitation and sensitive adaptive reuse of historic properties. • Policy 20(b)3.,to promote coordination with state,regional, and local transportation plans. • Policy 26(b)3., to require effective monitoring of requirements established by regulatory programs. • Policy 26(b)7.,to ensure local plans implement and accurately reflect state policies. 29 ili .0 EP 8c- As$oriafes Landscape Architecture CVNr;icsliLAL• A- -AL July 30th, 1997 — "_c�"1 e Mr. Michael Newman Water Director Public Works Division 3rd Floor Bldg. H 3301 Tamiami Trail East Naples, Florida 34112 Re: Proposed Collier County Water and Irrigation Conservation Ordinance Dear Mr. Newman, On behalf of the E.P.T.A.B. Advisory Board we would like to thank you for providing us with a copy of the proposed ordinance for review and recommendations. The Advisory Board approved a motion at their 7/14/97 meeting to forward the attached recommendations and suggestions for consideration and incorporation into the proposed ordinance. Under section six, second paragraph, the Advisory Board interprets this sentence to mean that the entire County is not included in this ordinance, if this is the case, then it is the Advisory Board's consensus to have the entire County included upon adoption of the ordinance. Additionally attached is a marked up copy of some sheets of the proposed ordinance showing some suggested corrections. I would also like to let you know that the ordinance was sent to Collier County Parks & Recreation Dept., Landscape Architects, Landscape Contractors, and Irrigation Contractors for review and comments. If you should have any questions please feel free to contact me any time. Cor ichael A. McG , r.l.a. E.P.T.A.B. Advisory Board Member cc: Mr. William D. Lorenz Jr., P.E. Environmental Services Division AUG 01 1997 Mr. Bradley Cornell E.P.T.A.B., Chairman NATURAL RESOURCES DEPARTMENT Design Environmental Management Planning P.O. Box 8052, Naples, Fla. 34101 (941 ) 263-0486 Recommendations and suggestions for the proposed Collier County Water Conservation Ordinance, Date 07/14/97 Recommended suggestions to add to the Ordinance 1 . Designate the Ordinance as a Water use and Irrigation Conservation Ordinance, not as a, " irrigation is prohibited" type ordinance and title it as; " The Collier County Water and Irrigation Conservation Ordinance" . 2. When Phase one water restriction are imposed by the S.F.W.M. District anywhere within Collier County all of the County will voluntarily impose the Phase One restrictions of watering three days per week, except for listed exemptions. 3. Provide information to educate the general public about water conservation. a. For example, a brochure to inform the public in general that only one inch of water per week is needed by landscape materials and how to adjust their sprinkler systems. One inch of water can generally be accomplished by watering only two or three time per week. b. Encourage programs similar to the University of Florida's " Florida Yards & Neighborhoods" program. Recommended additional exemptions: Insert into Section seven 1 . Low volume drip, sweat or emitter sub-surface irrigation systems controlled by in ground moisture sensor. 2. Irrigation activities for dust emissions required by court, administrative actions or for safety and air pollution purposes. 3. Irrigation activities for fire control purposes. 4 In 7.1 .5 add fertilizers to watering in and licensed maintenance Contractors and County maintenance personnel to the applies to. 5. Irrigation activities related to maintenance of athletic fields and courts. PUBLIC.. ILIORKS• D I(..)I S I OP ,1.x:941-17'7 .C)(-. Jun 1C ..7 14:06 P.03/0e) • $ CTION TSE: PURPOSE. The purpose of the this ordinance is to provide a conservation based regulatory framework to assist in the conservation of the County's water resources through its consistent and uniform use for landscape irrigation. SECTION FOUR : DEFINITIONS. The following definitions shall apply within this ordinance: Agriculture.: The growing of farm products including, but not limited to, sugar cane, vegetables, citrus and other fruits, pastureland, sod or nursery stock including, but not limited to ornamental foliage and greenhouse plants. County. The Board of.County Commissioners and Ex-Officio the Governing Board of the County and Goodland Water Districts. Code Enforcement Officer. And authorized agent or employee of the County whose duty is to enforce County codes. County Water / Sewer District .The service boundaries as established in Collier County Water- Sewer District, Special Act Chapter 88-499 or its successor. Gaodland Water District The service boundaries as established in Goodiand Water District, Ordinance 80-43 or its successor. Impervious. Land Surfaces which do not allow the penetration of water including paved roads, sidewalks, driveways,parking lots and highly compacted areas including shell or clay. p(,� Irrigatio The application of water from the County's surface or ground water sources to get Taw=6 Yit 0.114, scru ..or trees. F-.. 1/12-013 or-ft2. -- . Irrigation systems. Equipment and devices which deliver water to plants being irrigated including, but not limited to pipelines, control structures, pipes and ditches, pumping stations, emitters, valves and fittings. This does not include the transfer of water through water management systems from one location to another. Person. Includes any natural person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer or any other entity whatsoever or any combination of such,jointly or severally. Water Resources. Surface and ground water sources and aquifers. Water Utility Service. Water service provided by a public or private Utility operating under a valid Florida Department of Environmental Protection Community water system permit. C"Tit N FIVE : IRRIGATION USE HOURS PUBLIC WORKS DII.JISILI a.x:9417322526 :fun ,'7 14:07 P.04/06 All irrigation activities within those areas and boundaries as designated in Section Six and not exempted by Section Seven, shall be restricted to the hours between 5:00 p.m. and 9:00 a.m., seven days a week. Irrigation isprohibited between the hours of 10:00 a.m. and 4:00 p.m., seven day a week. SECTION SiXi EFFECTED AREAS The provisions and restrictions set forth within this Ordinance shall apply to landscape irrigation: Within the boundaries of:the Collier County Water / Sewer District and the Goodland Water District. Other portions of the unincorporated areas of Collier County, including those areas served by private Utility service,upon special inclusion by the Board of County Commissioners. SEf TIQN5 VEN : .EXEMPTIONS AND VARIANCE PROCESS 7.1,0 The following activities.shall be exempt from the provisions of this Ordinance: 7.1.1 Landscape irrigation by hand-watering using a self canceling node. 7.1.2 Landscape irrigation by systems from which the sole source is treated wastewater effluent. 7.1,3 The operation of irrigation systems for system repair and maintenance. 7.1.4 Flushingof water mains required for normal water main clearance and maintenance and for maintenance of water quality; however, where practical, contractors and utilities shall direct flushed water into previous areas, flush at the minimum rate necessary for cleaning and disperse the water in such a manner to benefit local vegetation. 7.1.5 Landscape irrigation for purposes of watering in fungicides, insecticides and herbicides, as required by the manufacturer or by federal or state laws; however , this exemption applies only to licensed pest control operators, and shall be limited to manufacturer's recommendations. "E4$- 1 ctu for the 7.1.6 Landscape irrigation for the purpose of watering in newly planted ��a�ss-arrd- rage first feeerfroe days atter initial installation. qo OA-`l5 7.1.7 Agricultural irrigation where the use of water is permitted by a consumptive or water use permit issued by the South Florida Water Management District. 7.2 Any person affected by the provisions of this Ordinance may make application to the County Water Director, for a variance, if compliance would impose a unique, unnecessary and inequitable hardship on such person. Relief may be granted only upon a demonstration that such hardship is peculiar to the person or the affected property and is not self-imposed, and that the granting of the variance would be consistent with the general intent and purpose of this Ordinance. Any application for variance or appeal shall be sent by certified mail,return receipt requested 7.2.1 The County Water Director shall received requests for variances for irrigation activities that utilize the services provided by the County Water/Sewer District and Goodland Water District. The Director shall render a decision on the variance within ten (10) working days. Denials of variance relief may be appealed to the Public Works Administrator within(20) days of the notice of denial. rVDL1L, UJUICI .D Ul'.lC1JIV f d.f,•> liJLt;JGs? JUII 1V ,i 14•Uf r'.u::iu ? 7.2.3 An application for variance, and/or the granting of a variance, shall operate prospectively, and shall not effect any pending enforcement action against the property owner pursuant to the provisions of this Ordinance. 7.3 Should the Board of County Commissioners extend the provisions of this Ordinance to any other portions of the unincorporated areas of Collier County, the County Manager shall designate a County staff representative to act on behalf of the County to approve or disapprove variance requests,within those designated areas. SECDQN EIGIIT: :TERMINATION OF SERVICE The County may terminate water service to any customer of the County Water/Sewer District or Goodland Water District that:after repeated warnings willfully fails to comply with the provisions of this Ordinance. Service shall not be restored until the service connection(s) are brought into compliance with the provisions or receives a valid variance from the County. SECTIQN NINE: PENALTIES 9.1 Repeat violators of the provisions of this Ordinance shall be issued a S25.00 citation. In addition, continued violators may be punished, pursuant to Section 162.21, Florida Status, as a civil infraction with a maximum civil penalty not to exceed five hundred dollars ($500.00). Any person who violates any provision of this Ordinance or amendments thereto, shall be subject to the penalties provided in Section 125.69, Florida Statutes. 9.1.1 Each day in violation of the provisions of this Ordinance shall constitute a separate offense. 9.1.2 All monies collected pursuant to this Ordinance shall be used by the Code Enforcement Department to fund continuedand enhanced enforcement of this Ordinance. EDotAit°NAL. ` i:19Fenei77 SECTION TEN: CONFLICT AND SEVERABILIT The provisions of this Ordinance shall be liberally construed to effectively carryout its purposes, ill the interest of public health and the water resources of Collier County. If any section, phrase, sentence or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION ELEVEN: INCLUSION IN THE LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. 08/04/97 MON 08:28. FAX 941 643 5716 _ WILSON MILLER ..� (j, T-^oet 002 D-R-A-F-T b-R-A-F-T for discussion purposes 17JUL97 D-R A-F-T 1 Memorandum of Understanding 2 Environmental Impact Statement (EIS) 3 Southwest Florida 4 &commended cha.• , -•_ -• f r '•r ` _ntv ; rd • mm' i.ne c by th- 5 !a, r/. I : .•liti.. .re. - ed t4. . 9' 6 7 BACKGROUND. 8 9 WHEREA s- Na • s . _ 'vire I s.s en - 'oli • ct id PA ecti• 2 10 t. - . ' • u•• e • sec . - a e. '•n• •.licvw ice ' les eura-- ii pgduc iye . e -n'ov. .le s,. os .etw--n m. s .nd e's env'_ • me, ' to 12 r. . - of • i wh' s wil • eves sr e 'ss inate • , a!- • the o s viro Is ent 13 and bjosplire and stimulate the healthd were of n• e h the 14 • - tand'$ • of- loa' .1 -m . s • natu , reso . e i i•• - t e 15 Nation; and 16 17 1 .E•_ ' s ec •en l I furt$- dec_. - it te e e ••-'cv ec he is ede ,1 s - . - s _ in • . •er. 'en • s tat- , •dloc. sov- urent_ .nd t9 . - enc- • ed • .lic . • • • • . - era,eizatis s to - all • .ctica•l 20 mens to _ r�eate aid maintain conditions und- whic s • an . s • na can 21 e ' in • • suc 'v- h. .ss en .nd s. ill .- •tial - •no.s• . an. ether 22 r- • ire se -n • . e s .nd 1.ture ner: '•n •. :_. e - .- s- : . 23 24 WHEREAS, the Corps of Engineers,under the provisions of the Clean 25 Water Act (CWA), is charged with protecting the physical, chemical, and 26 biological integrity of the nation's waters to include ensuring that impacts to 27 the aquatic environment be avoided, if practicable, and, if not, be minimized 28 and compensated (mitigated); and 29 30 WHEREAS, the Corps of Engineers,under the provisions of the 31 Endangered Species Act (ESA), is charged with ensuring that any activity 32 permitted does not jeopardize the continued existence of a Threatened or and 33 Endangered Species - .. = - - - - - 34 35 WHEREAS, the Corps of Engineers , under the provisions of the 36 National Environmental Policy Act(NEPA), is charged with ensuring that 37 federal activities do not cause significant harm to the environment through a 38 procedure that includes developing and analyzing various alternatives, 39 considering secondary and cumulative impacts, and weighing the public Page 14444 of a total of 8 pages 08/04/97 MON 08:28 FAX 941 643 5716 WILSON MILLER i ]003 D-R-A-F-T D-R-A-F-T for discussion purposes 17JUL97 D-R-A-F-T 40 interest bv .a .nc'• • f.v.r. .le '..$ .• t • .e -1._ . e .Qa'•. t se 41 .- . ' .. •ac .. •ws . e . b ' i - es - '-w. e . .ce w° 42 provide for though full public disclosure and participation; and 43 44 WHEREAS, the current process of modifying land for new uses con be is 45 very onerous to applicants the-©mowers due to a sequential and fragmented - 46 planning and regulatory systen> 11z : _ •• =-.'.- - ' 47 ef-permit.,--eaeh-efwhich brings new permit requirements toand-often 48 conflicts with zoning and previous permitting, which leads o great 49 frustration and unproductive expenses for the applicant, and less than so optimum results for the environment; and 51 52 WHEREAS, • e s- •.n._.te• .n. e . ..li _ •le ou. e save the Local Govrn nt Comprehensive 54 Planning pi Process coord'nated_- - - _ 55 - - - = - - - . - _ : -•- - - - :-.-• -- - .: - - - 56 land use planning and - - _ _ -., _ .. -, -•• - - :. conservation requirements, 'er d 57 .nd • r- • �s°tios th- th- Bo.- dei re. -seg ato -ve o_ mo - o. 511 001 58 ee o ttie B , e s e ct 59 .eo•le e - u •_•$ .re -ns' e • . •• •t- . by -ac. co . t ou • 60 th- -fo - b- Qiv- • _- c• • i•-ra _•n .v th- o.• a.. ot•er r-Qul. .ry ; 61 agencies as re. ' ed .v 1 • 0. 2 • and 62 - a - --- 64 ' "� � : a -• - •- .. = experiencing 65 the Corps of Engineers is -: = = -- - - 66 difficulty in, on a case-by-case basis, addressing its -theif 67 resh onsibilities_in_a ti . -lv as. er • e • t _- nu ss .e ciz- an• cols •le.°ty 68 •f .- ct • e. . - t • e n to • ' iv-. B. in. _ d a 71 _ - - : - =- .. - - - • 72 73 16. t t - •v u . . • •n witsin .s - �. .. e. as ee. -n. n_�.ra 74 C t•. - • .- n-o.t -1v .&.. te• • .• •lica ._te .ti.,s t• ail. al 75 • - .. w • • ■ . • '. • • te.s rex la II nt .1 . •.dbv 76 the r--d • . • • e. .ti .e 'es .a u IV net. -uc. . . .r. Page1113 of a total of 8 pages 08/04/97 MON 0828 FAX 941 840 5716 WILSON MILLER [dj004 D-R-A-F-T D-R-A-F-T for discussion purposes 17JUL97 D-R-A-F-T 77 •e..-r ea ' • •• . e . -e. . • o•.•rt .itv ..rr- ter. 'en eft -, e • eas 78 as compensation for u_navoid lab e irrapa_ t 79 so 'Jus . ti- • s• •. .-te..t' - . t th- .re..ra '.n • . 81 program ..tic nv'r. lie Is .ac . - - .t 1 will - ul 'n a . ore 82 efficient, effective, ti.. -1 -. n 'sed • - • • • . o.'ect've . .d 83 a - •. ta. - vire . - .ta e . • •. ice o .ro'-ct with'. th- tu•v 84 -ea. 85 86 THEREFORE, to better serve the people of Southwest Florida by 87 synchronizing - •e. •-.411•11i •r• - wits e -d •c. land use 83 and conservation plans planning, while simultaneously fulfilling the Corps: 89 responsibilities under NEPA, and assisting other regulatory agencies in their 90 decision making process, by signature below, - --• -- 91 and Lee counties and the Corps of Engineersi with the cooperation of the 92 Boards of Count) CQm • i. .-r • .11i- . • e- • - tv 93 CoQperating,A;enctes (th_ese three agenciPs.,.--_ referred to as the,� 94 Principals), will prepare an Environmental Impact Statement 95 (EIS). The organizations/agencies signing below, after the Principals, agree 96 to serve as Cooperating Agencies (CA) • . •' i.. a • '< i o _ 97 as_the case may be. 98 99 IES.. The preparation of the EIS will be guided by the following loo tenets. ioi • Th purpos- as• n- -• • e I ha ..e • . -. • e he 102 e•vi • .e...it s te. w.ile • t • u'.s a t• -ns e e.vir. m- . ta 103 • •te .• _ t •line'sal • .• e • re•uc- •el.vi. e • •c- ..• t. •r'1 • --t- - Iii • • 1' • • V 104 1 .1V'• a ,e �. _ 105 that proc- .1- ' • -• .. • •te i . ,.e - vi .n..-n 106 • The EIS will c.. m- ace n • a. ut - .t- .. b- 1 99 _nd wil be 107 completed •' • . .• Pe -,. • •. •- - - 108 - - - -- - - - - b 109 - � aydf • t. .e .e. 110 • The-issuesa.Rd geographical area of the EIS ' a_ 111 'ver 'a must be i llv defined and approved by 112 rhe Principal.see4aOra.ti MY-- d . •, •• c. ,� '. during the first two months via 113 Q°'el- - - __ -- . 114 an open public scoping process. Page.1112 of a total of 8 pages 08/04/97 MON 08:29 FAX 941 643 5716 WILSON MILLER 4005 • D-R-A-F-T D-R-A-F-T for discussion purposes 1731307 D-R-A-F-T 115 • The EIS shall be restricted to the follo__wing..f.peeific issues relevant to 116 withil..the regulatory authority of the Corps.:, including, but not limited to, 117 protection of wetlands, mitigation, threatened and endangered species, Us cumulative and indirect...secondary impacts, water management, and water 119 quality. -- - - ' 2.3 - -- _. - - - - e- = - - - `: 120 ecope. 121 • The EIS will be funded by the Regulatory Division of the Jacksonville 122 District, Corps of Engineers, within the constraints of the availability of 123 funds to the district for this purpose as determined by the District Engineer. 124 and by other CA's who agree may electat theirsole discretion, to 125 contribute within the constraints of availability of funds to them for this 126 purpose h.w-ve • •un . this. i ,•t . .re -•_ui ' ef. • ' - - . 127 .e . ti- 1 .- a•' • - . t• - - t t - t_ . .1 • .te. • t•- - 128 process are sufficient to complete the ELS in the time frame defined herein. 129 • The. adopted Future Land Use Maps and related Elements of the Collier 130 County and Lee County Comprehensive Plans shall be used-as the land use 131plandshall be the Counties' preferred alternatives for purposes of the 132 EIS. 133 • Analysis will be holistic and regional -- individual projects or properties 134 shall not be targeted for selective analysis or delay or implementation of 135 EIS alternatives. 136 • There are a myriad of existing and ongoing studies and plans that 137 address water quality, stormwater management, wetland, and listed species 138impacts in the region. The CorpsE will i.-- s i • i• .-- Co•-n0 . . 139 which exi tingstu•.- w •- -• • ,• .r- i is e • .e sf .- 140 EIS lizo : - -- . :-- . 3- -,- - :: - and will not duplicate 141 or supersede any prior or ongoing local or regional studies, activities, or 142 plans, including but not limited to Lee County's Environmental Lands 143 Acquisition and Restoration Program and public or private mitigation 144 banking projects. _ +- -nta.. • •a - �_ s dv .r' • .ilv •s e.• ti•°'-an• 145 .v:* - a. . • i • ,nv •- • -nc.- -mss must be identified as 146 early as possible to allow sufficient time to acquire necessary additional 147 information w- • • _ !- - O vele i4s scientific and technic. +_ • • au di d- e: -t- . ie _ -v ...d • ser 149 • ��• • ' � -u �• - _ 150 _ - . v-rit - • '. . . , .*.s •e ,cc• •ed • -at-Y w--ahtd se 151 .v m . t c -.r1 ,c I .wl- s e . at . •v s $ •tion w.' h notbeen Page ala of a total of 8 pages U8/U4/97 MON 08:Z9 F1U 941 643 5 716 WILSON MILLER 006 D-R-A-F-T D-R-A-F-T for discussion purposes 17,111L97 D-R-A-F-T 152 vela ve ' -d I _• .e . -d .. the .• ' Sr . . •i _•'sa •- i los unti 153 such verification has occurred. 154 eoa_ . .•' • . • v te.. •a . ._ e .i . .e • -ve •.ed -. lv '. 155 thep •c- to _ • • •.- . $ es ref- -nce . d it f. e 156 EIS. 157 • Private property rights shall be clearly acknowledged and respected in 158 EIS alternatives. It is recognized that neither the Corps permitting nor this 159 EIS convey a property right nor authorize any injury to property or invasion 160 of other rights. 4, .v .r.v' i.. • .' w • . I - t _a • 's s.to_- •r 161 w.' . .. '-d . .u. . . _ ••- . i ' , _ea . . $ .. : .- we' hr- lts ' 162 th- . • • • . 'v. - • see •i.1 s l •-. t•- . • I_ '11 is• - • !Le 163 . ••-n• • e _ e - • - •v. '• • e ..1 .. 'us • -n a '. f• 164 I e tal 165 • • .ro ' • .. • te- _ . al. .rev- .t .- • S. ct •. •_ .ns.. : •• 166 • i. • • • '.. . •ve ,- '.-nt' -dveit.- th IS 1' S • : _ 167 I" es t. erv- the - t'. • o t - sub ' ne- s • •utswest •rid. 168 e .ec-. v •• e '•• .rov- , es t . w' . . '•e r- '-ft• _ e - '..a 169 tr. .. .or-tio. e . sr '• th- -ve• • . • • .. e • •th- nal_ -1 d' . te_ 370 • Cooperating agencies sha. av- the . e: ..' se- ifie. in • ! . ' . 171 1508.5 and may will include ny Federal. State, pr local 172 aa- c whic. has • ri ••cti•. •v .w • .- •.1 e -rtis- - egioi 1 173 ;.- - - - - - a, -- _ .. - = -- : - . . - :.- - - - . - .:. , ,: . . - 175 - • - - - - - =- • e - - ' . - ._ - - . 176 • Partici.. '•_a •J •�� -_ •.. re I . l i. . - .r- -n : '. um `. e 177 r- ••• . a • isc. era, iZ_ •n '.Cl _ '' g • t • 11 ! -d t• •u ' se 178 cc... • devel•.ue ea - ta - e *cc . .vi•- c'vic • ervatio s 179 an. -nv' -nta •r¢.• . t'• wtic an .. • e . me. ••n¢i_ c•. • •• • n iso to the preparation o th- . I . d •n• ' .te • . •. .nc- . .r. - . 181 • The Corps, Florida Department of Environmental Protection, South 182 Florida Water Management District, and any other regulatory agcy 183 cooperati g - - - - ' --- , '.7- •-; in the EIS shall continue to accept,and 184 process, and take action on permit applications while the EIS is underway: 185 - - - - ate, shall not - == -: » :•" ..: - - _ = "- -= = ', � 186 withhold or delay a decision to issue, modify, or deny a permit due to the 187 EIS preparatio• • a _. .aencv ee. • • •. .o - o :'tio s •r 188 re. 'rest- .- es • . ..d .ted . •v" 'en •faly • : i _ . Page of a total of 8 pages 08/04/97 MON 08:30 FAX 941 643 5716 WILSON MILLER Lj 007 D-R-A-F-T D-R-A-F-T for discussion purposes 17JUL97 D-R-A-F-T • 189 • it - E_ •• . - -r. s . 1 •'suu' • .s. •• e 190 requirements of ..t. •.-v- . .n- t t' .t •.tae -. a •- u1•t • . .•lied • 191 apermit • ••rt. t- c.11 et. -.u - 1 • t • 192 • A major goal of the EIS will be to streamline the environmental review 193 and permitting process for all applicants; bring more speed, consistency, 194 certainty and economy to the process, and to establish specific criteria and 195 . - U • •ve . dare • i re .-rm. ua _ - . 196 • EIS activities must be conducted in support of the public interest in 197 achieving a sustainable balanced economy in concert with a healthy 19s environment. Appropriate weight must be given to the economic impact of 199 the conclusions reached on property owners, public costs, and public 200 benefits and quality of life to develop meaningful, sustainable, and 201 economically viable solutions. Every consideration will be given to ensure 202 that the EIS will not result in detrimental impacts to the economic 203 development and diversification of the Southwest Florida economy. Should, 204 •- a.. 'cat'. i •f .I•ina. - - it it • -tri I - t.tal 'to .act • the . .u- t : s •. di a c. '.n • e . w- _ l• 's• 205 - . .�i• d- -, - 206 econQmiy. then the Principals shall reevaluate and revise those EIS 207 provisions that have caused the detrimental impacts. 208 • The EIS shall includes public interestusing the 209 adopted criteria factors used in Corps permit reviews. These include a 210 balance of the de ti ent. and .vo • •.e i ,c t.• wate. an.Qeme. 211 11 iti ton ..eat- 1 -d . t• en..., er- • lee '- sensorvation, economics, 212 $$e11CtiG4i, •- -: .. - - o•.:-- - -- =' - __ , wetlands,historic properties, 213 fish and wildlife values, flood hazards, floodplain values, land use, 214 navigation, shore erosion and accretion, recreation, water supply and 215 conservation, water quality, energy needs, safety, food and fiber production, 216 mineral needs, and considerations of private property rights and ownership_, 217 :, - _ , _ �.. - - 218 • -.-. _ .- - • ' ... - .- - • - 219 - -= - -- - = - _ - .. �� - - 220 compl `• r 221 • Florida Sunshine law obligations of non-federal participants shall be 222 respected . 1 1 . e -_ •a- - .% . i1!. • . t in- aw . •vi • 223 exc- .t ,- e •-v • 't conflict with Federal Law. The EIS shall be 224 conducted in a manner that ensures full opportunity for public participation. 225 Page 64442 of a total of 8 pages U6/U4/97 MON Utt:JU kill U41 04J 0(10 K✓1uuo D-R-A-F-T D-R-A-F-T for discussion purposes 17JUL97 D-R-A-F-T 226 PRINCIPALS - The Principals (Corps.Lee County BCC. Collier County 227 : Uses -ce'. . . . ' • .ut a . l det- sss a the cope. 228 • - • • a. •' •• s et- _le c• I, • ittee +s -.• .ers .. ands , •'rect t _- 229 activit'- (if all . n .iitte- .nd ov- ee the ._ p .ro - Eac i ' nci•a 230 hall have the :Q l to ' • •_aw i . the _ in the -v-nt tha •ev 231 detests •e th . .ro ' '. .f ,' a! e- n - the .--. viol. - ' .. _ n 232 233 COOPERATING AC/ENCE.c_ AND TI 234 ORGANI_ N - - - -. ..: .. .. . : .: - : . -; . - - 235 to the proc-2 s. 236 237 GENERAL. CA's and PO's commit to the following. 238 • Commensurate with the unique authorities and capabilities of each 239 agency, allocating sufficient resources to ensure completion of the EIS 240 within the specified time frame. ths. 241 • Ensuring appropriate representation and participation at each meeting 242 convened by the Principals. 243 • Making a sincere effort to develop a consensus alternative to an 244 extent which is consistent with their governing laws and regulations. 245 246 SPECIFIC• To an extent consistent with their governing laws and 247 regulations, CA's make specific commitments as follows. 248 249 (Below are 2 example possibilities--details will be filled in after 250 discussions with each agency— all CA's should consider making 251 appropriate commitments to ensure success) 252 • Secretary, Department of Community Affairs agrees to facilitate and 253 expedite changes fo the Collier County and Lee County Comprehensive 254 Plans which implement the provisions preferred alternativeof the EIS 255 accepted by the Principals—and the laiblic afterjeview in accordance 256 with Chapter 163. F.S. 25? • Executive Director of the SFWMD agrees to provide conceptual 258 water quality certification in support of a Programmatic General Permit. 259 • FDEP: 260 • FGFWFC: 261 • FDOT: 262 • FWS: 263 • EPA: Page 74444 of a total of 8 pages VO/V'!/O1 1QV1V V 0•‘1.1. C[10 O41 VYV V/lV I1LJ V1. u•a a...u•+•� JVVO • D-R-A-F-T D-R-A-F-T for discussion purposes 17JUL97 D-R-A-F-T 264 • Estero Bay Agency for Bay Management(ABM) agrees to provide 265 the technical support to assist in the development and execution of the 266 EIS process. 267 • Southwest Florida Regional Planning Council (SWFRPC) agrees to 268 provide the technical support to assist in the development and execution 269 of the EIS process. 270 • Governor's Commission for a Sustainable South Florida, Southwest 271 Florida Issues Group (SWIG) agrees to provide a variety of opportunities 272 for public discussion of the process and for development of study 273 products: 274 • etc. 275 276 DI hi Must follow a logical,time bound plan to develop 277 the EIS anchored by clear administrative procedures and responsibilities. A 278 proposed conceptual plan designed to implement this memorandum is found 279 at Appendix A. It is intended to be flexible and may be adjusted or 280 modified as needed to provide the EIS in the agreed timeframe. 281 282 FINAL PRODUCT. The goals of the process will be as follows. 283 284 • Completed EIS consistent with Federal laws and regulations which is 285 also supported by the elected representatives and public they serve in 286 Southwest Florida which established a consensus preferred alternative for 287 Corps permit review under section 404 of the Clean Water Act within 18 288 months from the ratification of this agreement. 289 • Conceptual Water Quality Certification for the entire region studied. 290 • Biological opinion for the entire region studied w ich will ' entify 291 - h- •' .tfo - ,_dan•- .e '- . 292 • Conceptual basis for a Programmatic General Permit for the study area 293 region developed for administration by an appropriate agency, the goal.of 294 W isi • .11 'n _ - th• - -t • . ', ii u � . 295 • Specific criteria and gr unmptive standards for permits within areas 296 a ate!_ . • s • . •• - a . - • _Mee •v. '- 297 • •e - 1. es • .n a . ne fic I - re_ • • . . - • 298 - - = • - - - -- - -- - 1 .. 299 -. -- .„- . =a _ - = - - _ . ... � .. _ . ;.-. . 300 -- - Page 83 of a total of 8 pages Ut5/U4/87 MON 08:51 FAA y41 b4:$ (1b riiLJUly m1LLtx LJULU D-R-A-F-T D-R-A-F-T for discussion purposes 17JUL97 D-R-A F-T 301 • Upon completion of the EIS, each county will evaluate the results and, 302 during the nextComprehensive1 1 ak 303 determination if and to what extent modification&should be made to the 304 • III o ._ - •- •. iv- P a . ' n .. t . •_--• . ..• -c.mme •. 305 \ • •m-ndl•.- • • the re .- - cams. - s - • 'v- • .n wi •- •••• - • 306 'th.ut • . • ' e.rin• .- • - here .- 'v- ; •ar• of • . s 307 !LAI _ • 'l.ni'a • 0- • '- wit .s• • •lete . • _ • i- 4 u 308 from the public as required by Chapter 163,F.S. 309 Page 21112 of a total of 8 pages 06/U4/97 MON 0631 kAA U41 154:3 0110 fl1LJU1V ffi1LLGx( LJull • D-R-A-F-T D-R-A-F-T for discussion purposes 17JUL97 310 311 PRINCIPALS. Signature and date. 312 313 314 Chair,Collier County Commission Chair,Lee County Commission District Engineer,USACE Jacksonville 315 316 COOPFI3ATINGaAGFNCIES. Signature and date. _ b 'mss 317 . , - g _ . . 318 . . • : • 319 . • . - . 320 321 322 Secretary,Department of Secretary,Department of Executive Director,South Florida 323 Environmental Protection Community Affairs Water Management District 324 325 326 Secretary,Department of Commissioner of Agriculture Executive Director,Florida Game 327 Transportation and Fresh Water Fish Comrnissit ri 328 329 330 Chair,Governor's Commission Executive Director,Southwest Natural Resource Conservation 331 for a Sustainable South Florida Florida Regional Planning Council Service 332 333 334 Regional Director,U.S.Fish and Regional Director,National Marine Regional Administrator,Region IV, 335 Wildlife Service Fisheries Service - U.S_Environmental Protection Agency 336 337 - 338 City of Fort Myers Flortdan�r of Tn„riem Trade ��d Ee�nomic DevcloomenL 339 340 City of F3onita Spas City ofNaplaa 341 Lee County Port Authority 342 343 ' : 'TI I' t N OR _ 1 IZAI'ISN 344 345 346 Council of Civic Associations Sierra Club,Calusa Group Environmental Coalition of 347 Southwest Florida 348 349 35500 Chamber of Southwest Florida Conservancy of Southwest Florida 351 Bonita Springs Chamber 352 353 Economic Development Coalition Economic Development Council Naples Area Chamber of Commerce 354 of Lee County of Collier County 355 356 357 Corkscrew Regional Ecosystem Estero Bay Aquatic and State Floridae Watershed Trust Buffer PreserveSouthwestFloridaFl Chapter 359 360 of Women Voters of Citi7rn4 Association of 361 League of Women Voters of LeagueBonita Beach 362 Lee County Collier County 363 364 365 Pagemils of a total of 8 pages 08/04/97 MON 08:31 FAX 941 643 5716 WILSON MILLER _ tJuxx D-R-A-F-T D-R-A-F-T for discussion purposes 17:J111,97 D-R-A-F-T 366 367 Fort Myers Beach Civic Fort Myers Beach Chamber West Coast Inland Navigation 368 Association of Commerce District 369 370 371 Florida Gulf Coast University 372 presidents Council(Collier) Collier Gokinto,Building Industry Ass 373 374 _ 375 F) ride .nginee<ing Society lkban_LRndInstitute SWF Assoc.of Fla Community Developers 376 Caiusa Chapter Page 111112 of a total of 8 pages 08/04/97 MON 08:32 FAX 941 643 5716 WILSON MILLER _ 4013 D-R-A-F-T D-R-A-F-T for discussion purposes 17JUL97 D-R A-F-T 377 Appendix A 378 - 379 Conceptual Implementation Plan 380 381 • Months 1 and 2. Corps will publish this agreement and solicit written 382 comments from public on the issues and geographic scope of the EIS. 383 SWIG will conduct own workshops to prepare their recommendation. 384 Principals = Corps, in consultation with PA's and CA's and PQ's, 385 determines scope and establishesestabl-ishes an "Alternative Development 386 Group (ADG)" and a Concurrently, the ABM will establish a"Technical 387 Group (TO)" as the two standing committees. The TG will to prepare, at the 388 end of Month 2, a report describing known existing data and potential data 389 gaps. Voting membership of ADG and TG will be members_of the public 390 •.• - ••- '• • • .ndLee • _u1! : - • - • - • : $1.7- vi tal 391 agencies shall be non-voting,.ex off1_cio advisors to these two standing 392 •mi i -e . he 'ri c'.: . I . • - i . •.' "D .ftint • • • 393 comprised of individuals with experience in the preparation of 394 - ivir•n tu ental :-ii. Y . - •• - • • • e.are the EI d•cu _e 395 396 • Months 3, 4, and 5. The ADG will meet to identify factors used to 397 evaluate recommendations and alternatives. The TO (with 398 review/comments by the ABM) will coordinate with the ADO to identify 399 what data is available to measure those factors, identify gaps, determine 400 how they will be filled within the budget and time frame of the study, and 401 prepare a preliminary "Technical Appendix. The Corps will notice the 402 availability of these and the SWIG will conduct a workshop to prepare their 403 comments on the direction of the work. 404 405 • Months 6, 7, and 8. The ADG will identify a range of recommendations 406 and alternatives to the pr=eferred alternative, prepare a"Progress Report" in 407 Month 7, then identify a "consensus alternative" and prepare, by Month 9, a 408 report of its work. The TG will complete the draft Technical Appendix. 409 SWIG will hold public workshops in Months 7 and 9 to prepare their 410 comments on the progress of these groups' activities. 411 412 • Months 9, 10, and 11. The DG SWFRPC edits/synthesizes the reports 413 from the groups, background material, and NEPA-required technical 414 material into a Draft EIS document. The PrincipalsCsrps, in consultation Page j }13 of a total of 8 pages 08/04/97 MON 08:32 FAX 941_43 5716 WILSON MILLER (]014 D-R-A-F-T D-R-A-F-T for discussion purposes 17JUL97 415 with other PA's-and CA's and PO's,reviews/proofs the Draft EIS, and 416 solicits written comments from the public. The Corps holds two public 417 hearings jointly with respective County Commissions for comments on the 418 Draft EIS and to . SWIG h prepare 419 recommendation on"what is next". 420 - 421 - 422 - 423 ' - - - -• -- • . - - - 424 Appendix A (continued) 425 - 426 - 427 - 428 • Months 12, Principals , 7 : :- - " `77 429 reconvenes the ADG to prepare a preliminary revision to its report and 430 ABM directs TG to prepare a preliminary revision of the Technical 431 Appendix. SWIG holds public workshop to prepare their comments on the 432 preliminary revisions. _ 433 434 • Months 13.14, and 15 , . ADG and TG complete revisions. 435 JAG SWFRPC edits/synthesizes the Final EIS document. The Principals 436 with input from the CA's and PO'sCorps, in censultation with ether PA'5 437 and-CA'-s, reviews/proofs the Final EIS and issues notice in federal register 438 and solicits written comments from the public. 439 440 Month_1 E 18. Counties initiate-process for modi cion of their Plans. 441 Corps prepares Record of Decision. Page 134442of a total of 8 pages 01:Lit ` oa,Mda,I&a/�ce, Wawa Warn/ ii e 3301 East Tamiami Trail • Naples, Florida 341124977 John C. Norris (941)774-8097 • Fax(941)774-3602 ,, District 1 TimothyL. Hancock,AICP District August 1, 1997 Timothy J.Constantine District 3 Pamela S.Mac'Kie District 4 Barbara B.Berry District 5 Mr. Michael A. McGee 1155 Morningside Drive Naples, FL 34103 RE: Environmental Policy Technical Advisory Board Dear Mr. McGee: Your term on the above-referenced advisory committee expires on September 30, 1997. 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 August 22, 1997, deadline. If you have any questions regarding this procedure, please do not hesitate to contact me at 774-8097. Sincerely, Sue Filson, Administrative Assistant Board of County Commissioners /sf Enclosure cc: William D. Lorenz, Jr., Environmental Services Director RECEIVED AU 3 01 1997 • NATURAL RESOURCES DEPARTMENT ENVIROI'..c,NTAL POLICY TECHNICAL ADV1DORY BOARD SIGN IN SHEET JULY 14, 1997 EPTAB MEMBERS / Steven Bigelo Bradley Cornel • • o c -__, 401 Mike Delate if Brenda C. Fogel Allen Kratz �4010/,/ Mike McGee,, �AG % r William E.J. McKinney 44,,9-4---, „ _L5 Byron J. Meade C,L,, C Monty Robinson 7k..,_ ___ Michael Simonik N mz:___ Jan M. Stevens ifif, t 1 ) 6) Staff Members Name Department i‘fr- C: 4. 1.A.h.L PA..4.44ArJ4 "... —11: , ,._ P ,e- 41) /7")- 4) *," t -, - Public Minutes (yes/no) Address Phone No. gmm/7704 ENVIROMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: July 14, 1997 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-June 9. 1997 IV. ANNOUNCEMENTS V. OLD BUSINESS a. EPTAB's Consolidation(Update) b. Voting Requirements(Update) VI. STANDING COMMITTEES A. COMMI ITEE REPORTS (1) Steering Committee Mike McGee (2) Resource Committee Mike Simonik (3) Growth Management Mike Delate B. SPECIAL PROJECT COMMITTEE REPORTS (1) NRD Budget Bill McKinney VII. NEW BUSINESS (a) Budget Update (b) ACOE-PEIS (c) Water Conservation Ordinance VIII. PUBLIC COMMENT IX. ADJOURNMENT cncer,aJt. /o l Lt9 c4 c LP-i- /••••\ DRAFT: 7/14/97 APPROVED: 8/11/97 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD JULY 14, 1997 MINUTES PRESENT: Steven Bigelow Allen Kratz Monty Robinson Mike Delate Mike McGee Mike Simonik Brenda Fogel Bill McKinney Jan Stevens EXCUSED ABSENT: Brad Cornell Byron Meade STAFF: Bill Lorenz Georgina Mausen I. MEETING CALLED TO ORDER II. ROLL CALL III. APPROVAL OF MEETING MINUTES-June 9, 1997: Motion to approve the minutes passed 9-0. IV. ANNOUNCEMENTS a. Bill Lorenz handed out a sheet listing EPTABs past accomplishments as previously requested by the Steering Committee. b. Mike Simonik announced that the Florida Ecosystem Restoration Task Force,through the ACOE,is meeting at the Conservancy on August 4th and 5th . c. Bill Lorenz announced there will be a seminar on July 22nd from 12:00-1:00 p.m.at the Rookery Bay Headquarters on Tower Road. The seminar is called"A Taxonomy of Spatial Forms of Mangrove Die-Offs in S.W. Florida". V. OLD BUSINESS a. EPTAB's Consolidation-Bill Lorenz reported that based on some comments and inquiries to date, he and Vince are revisiting the current recommendation to consolidate EPTAB&EAB. b. Voting Requirements-Bill Lorenz handed out a packet and added that he has included a formal opinion from Marjorie Student. Bill McKinney made a motion to ask the BCC to allow a simple majority of those present take formal action. Motion passed 8:1. EPTAB Minutes Cont. 7/14/97 Page 2 VI. STANDING COMMITTEE REPORTS A. COMMI fI'1:E REPORTS (1) Steering Committee-Mike McGee: Bill Lorenz gave an orientation of the past EPTAB accomplishments,an overview of the NRPA program and the Habitat Protection Ordinance. The next Steering Committee meeting is scheduled for August 11,1997 at 3:30 p.m.in Room 216 on the 2°d floor. (2)Resource Protection-Mike Simonik:The Committee met last Thursday and went over the Water Conservation Ordinance that has been brought up before. Mike McGee went over the Ordinance and what it contains. Mike McGee expressed he would like to wait until the next meeting to make a motion on this. He will forward these recommendation onto Mike Newman,Water Director. The next Resource Protection meeting is scheduled for August 7,1997 at 5:15 p.m.in Room C on the 3rd floor. (3) Growth Management-Mike Delate:Did not meet, nothing to report. The next Growth Management Planning meeting is scheduled for August 7,1997 at 4:00 p.m.in Conference Room C on the 3'd floor. B. SPECIAL PROJECT COMMI[TEE REPORTS (1) NRD Budget-Bill McKinney: He wanted to thank Brad Cornell for preparing,typing and submitting the budget. He did a very good job. VII.NEW BUSINESS (a) Budget Update: Bill Lorenz gave a brief presentation on what the BCC approved in terms of the budget process. (b) ACOE-PEIS: Mike Simonik provided a handout of the Programatic Environmental Impact Statement(PEIS). Colonel Rice,District Engineer for Jacksonville,has decided to do a PEIS starting with Estero Bay watershed,mostly in Lee County and a little in Collier County. Mike Simonik suggested turning this over to the Growth Management Committee meeting and come up with a recommendation for EPTAB on what the boundaries and scope should be and help advise the County Commission on an agreement with the Colonel. EPTAB Minutes Cont. 7/14/97 Page 3 VIII.PUBLIC COMMENT None IX. ADJOURNMENT Meeting ended at 5:35 p.m. The next EPTAB meeting is scheduled for 8/11/97 at 4:00p.m. in Room 216. SUMMARY OF ACTION EPTAB MEETING 7/14/97 MOTIONS (1) Motion to approve the 6/9/97 minutes PASSED 9:0 (2) Motion to ask the BCC to allow a simple majority of members present at EPTAB meetings to pass a motion. PASSED 8:1 ACTION ITEMS SCHEDULED MEETINGS (1) EPTAB ------ August 11, 1997 at 4:00 p.m.,Room 216 (2) Steering Committee- August 11, 1997 at 3:30 p.m. ,Room 216 (3)Resource Committee-August 7, 1997 at 5:15 p. m.,Room C (4)Growth Management-August 7, 1997 at 4:00 p.m.,Room B RuUNMMT Mit I-ax:19414176315 Jul 10 '97 11:01 P.01/01 Rookery Bay Reserve Seminar Rookery Bay National Estuarine Research.!nerve A Taxonomy of Spatial Forms of Mangrove Dieoffs in Southwest Florida Speaker: Dr, Matt Finn Tuesday, 22 July Noon - 1 pm Rookery Bay National Estuarine Research Reserve Headquarters Building, 300 Tower Road, Naples Tel: (941) 417-6310 Public Welcome st 1�Y, • • fir'�`� � as .. .. t rr 1N. -20' 97 (FR, ) 13:57 NAPLES CHAMBER TEL: 941-262-8374 P. 003 Qom! CHAMBER/EDC 'EN COALITION ECONOMIC DEVELOPMENT COUNCIL OF COWER COUNTY, INC. FOR GOVERNMENT AND COMMUNITY AFFAIRS RESOLUTION CONCERNING THE U. S. ARMY CORPS OF ENGINEERS PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT WHEREAS, The Chamber/EDC Coalition, represents 2,200 members and 55,000 employees, and WHEREAS, the Chamber/EDC Coalition supports the development of policies and programs that foster the enhancement of natural resources and environmental protection in balance with private properties rights and the interest of business, and WHEREAS, the Chamber/EDC acknowledges the economic benefits of natural resources and advocates the streamlining and coordination of local, regional, state and federal environmental regulations and policy plans to maximize effectiveness and minimize duplication of effort to achieve regulations that are clear, concise and reasonable, NOW THEREFORE LET IT BE RESOLVED THAT, the Chamber/EDC Coalition cannot support a U. S. Army Corps of Engineers (USCOE) Programmatic EIS, or any other alternative environmental impact study in Southwest Florida(Study), unless each of the following ten criteria are agreed to in advance by all participating agencies and made a part of a written agreement: 1. The purpose, scope and intended use of the Study will be dearly articulated, its geographical boundaries specifically defined, and a maximum budget, funding source and time frame for completion established. 2. The Study shall be restricted to the specific issues under the regulatory authority of the USCOE unless it can be demonstrated that expanding the scope of the Study will further the goal of#8 below. 3. The adopted Future Land Use Maps and related Elements of the Lee County and Collier County Comprehensive Plans shall be used as the basis for the Study, and individual projects or properties shall not be targeted for selective analysis or implementation of Study recommendations. 4. There are a myriad number of existing and ongoing studies and plans that address water quality, wetland, and listed species impacts in the Estero River Basin and surrounding area. The Study will utilize to the maximum extent Lk., J � \i ��� 1 i.I u , nni uuu .i�nru u, I VL.J i i LUL VU' S �u� — possible and will not duplicate or supersede any prior or ongoing local and regional studies, activities or plans. `%5. Private property rights shall be clearly acknowledged and respected in Study recommendations. Property owners shall be fairly compensated for loss of property or property value that is a result of the Study, in accordance with applicable laws. 6. The Study group chall include representation from local and regional organizations representing business, economic development, real estate, and service providers such as, but not limited to, Economic Development Councils, Chambers of Commerce, the Southwest Florida International Airport, Florida Gulf Coast University, and the Urban Land Institute. /7. The USCOE, Florida Department of Environmental Protection, South Florida Water Management District, and any other regulatory agency(s) participating in the Study shall continue to accept, process, and issue permits during the pendency of the Study and shall not withhold or Tay permit issuance or permit modifications due to the Study_ 8. The Study will not result in additional layers of regulation, conversely it will be the goal to achieve a streamlined environmental permitting process for development within the identified Urban, Suburban, and Residential Estate areas of each County's Comprehensive Plan. 9. The economic impact to property owners of conclusions reached and actions recommended by the Study shall be a primary consideration and 0h411 be given equal weight to other public costs and benefits considered by the Study, resulting in meaningful, sustainable, and economically viable solutions. Every consideration will be given to ensure that the Study will not result in detrimental impacts to the economic development and diversification of the southwest Florida economy. 10. The Study shall be governed by and conducted under the Florida Sunshine Law. • Alan D. Reynolds, Chair June 20, 1997 Position Statement .414 Programmatic Environmental THE CONSERVANCY Impact Statement for Lee and Of Southwest Florida Collier Counties June 23, 1997 Position The Conservancy of Southwest Florida believes that the U.S. Army Corps of Engineers (Corps) should undertake a study that reviews the secondary and cumulative impacts of development in portions of Lee and Collier Counties. We believe that current permitting processes for development are inadequate to protect and sustain the natural resources of Southwest Florida. The study should be in the form of a Programmatic Environmental Impact Statement (PEIS), and/or a carrying capacity study and should include strong partnerships with Florida Department of Environmental Protection(DEP) and Lee and Collier County Commissions. Participation from a diverse group of stakeholders, including the development and business communities, is essential for a successful outcome of the study. The study should: 1) utilize all current and past studies and ongoing reviews ; 2) review local comprehensive plans and supplemental policy; 3) encourage participation of all interested parties; and 4) allow permitting to continue undisrupted throughout the process. Furthermore, the study should result in: 1) a more certain regulatory approach; 2) elimination of duplication of authority; 3) further coordination among permitting agencies; and 4) assure that the future land uses of the area will protect and sustain the existing natural resources and be consistent with the public interest. Background Urged forward by the Council of Civic Associations, a consortium of 60 civic and environmental groups in Lee County, the Corps is considering undertaking a PEIS for Southwest Florida, particularly in the Estero Bay watershed. Business groups, specifically the Southwest Florida Chamber of Commerce, developers, and builders have publicly opposed the study and have joined forces in a letter-writing campaign to elected and agency officials. The Lee and Collier County Commissions have expressed their concerns as well. However, more recently, opponents have begun to recognize the advantages a PEIS could provide. 1 The Corps has written a draft white paper dated April 22, 1997 entitled, Options for Southwest Florida. The paper explores five study alternatives, their pros and cons, and a recommendation that the Southwest Florida Issues Group of the Governor's Commission for a Sustainable South Florida would provide the best avenue to satisfy the Corps' needs in the region. A sixth alternative has been proposed by the Regional Planning Council which involves a multi-party agreement to study the impacts on species, wetlands, and stormwater impacts to estuaries. Specific attention would be focused on: a) land uses; b) transportation routes; c) drainage; d) areal sewerage treatment; e) well fields, solid waste, and sewage treatment plants; 0 open space, conservation strategies, and mitigation; and g) dockage, marinas, and waterway use. Rationale Current permitting is a piecemeal approach. Southwest Florida is facing increased development pressure to accommodate rapid growth in the region. Local and state land use policies and plans do not effectively consider the cumulative and secondary impacts of individual development projects on the natural functions of the ecosystem. The current piecemeal permitting of development by local, state and federal agencies does not afford the opportunity to holistically review the combined impacts. The Corps' mandate. The Corps' attention should be focused on its mandate under federal law to evaluate common issues among development projects. The Corps' permitting decisions are governed under three federal laws: 1) Under the Clean Water Act, the Corps is required to focus on the physical, chemical, and biological integrity of the nation's waterways. Impacts to the aquatic environment are to be avoided, if practicable, and if not, be minimized and mitigated (compensated for the loss). 2) Under the Endangered Species Act, the project must not affect a listed species (a species which is endangered, threatened, or of special concern), either directly or indirectly through the loss of habitat. 3) Under the National Environmental Policy Act, the Corps must undertake a broad review of many factors to determine whether the project would be contrary to the public interest, including the consideration of cumulative and secondary impacts. Recommendations and suggestions for the proposed Collier County Water Conversation Ordinance, Date 07/ 14/97 Recommended suggestions to add to the Ordinance 1 . Designate the Ordinance as a Water use and Irrigation Conservation Ordinance, not as a, " irrigation is prohibited" type ordinance and title it as; " The Collier County Water and Irrigation Conservation Ordinance" . 2. When Phase one water restriction are imposed by the S.F.W.M. District anywhere within Collier County all of the County will voluntarily impose the Phase One restrictions of watering three days per week, except for listed exemptions. 3. Provide information to educate the general public about water conservation. a. For example, a brochure to inform the public in general that only one inch of water per week is needed by landscape materials and how to adjust their sprinkler systems. One inch of water can generally be accomplished by watering only two or three time per week. b. Encourage programs similar to the University of Florida's " Florida Yards & Neighborhoods" program. Recommended additional exemptions: Insert into Section seven 1 . Low volume drip, sweat or emitter sub-surface irrigation systems controlled by in ground moisture sensor. 2. Irrigation activities for dust emissions required by court, administrative actions or for safety and air pollution purposes. 3. Irrigation activities for fire control purposes. 4 In 7.1 .5 add fertilizers to watering in and licensed maintenance Contractors and County maintenance personnel to the applies to. 5. Irrigation activities related to maintenance of athletic fields and courts. • PUBLIC: WORKS DIVISI_ Fax:9417322526 Jun '97 14:05 P. 02/05 ORDINANCE NO. 97- AN ORDINANCE ESTABLISHING TIMES WREN IRRIGATION IS PROHIBITED WITHIN THE COLLIER COUNTY WATER/SEWER DISTRICT AND GOODLAND WATER DISTRICTS; PROVIDING FOR THE APPLICATION OF FRE ORDINANCE TO OTHER AREAS WITIUN UNINCORPORATED COLLIER COUNTY, SETTING FORTH FINDING, A PURPOSE, PROVIDING DEFINITIONS, ESTABLISHING IRRIGATION HOURS, PROVIDING FOR EXCEPTIONS AND A VARIANCE PROCESS, PROVIDING FOR TERMINATION OF SERVICE, PROVIDING FOR PENALTIES, PROVIDING FOR CONFLICT AND SEVERIBILITY, PROVIDING FOR INCLUSION IN ERE CODE OF LAWS AND ORDINANCES AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes (County Government) authorizes the Board of County Commissioners to enact those regulations necessary for the health, safety and welfare of the citizens and visitors of Collier County; and WHEREAS, The South Florida Water Management District has requested that all County and City Governments adopt an Ordinance to ban day time irrigation, and WHEREAS,.the rapid growth of Collier County has placed and continues to place increasing demands on the water resources of the County; and WHEREAS, it is the intent of the Board of County Commissioners of Collier County to ensure the continued health, safety,welfare, and quality of life for the existing and future residents and visitors to Collier County by conserving the County's water resources; NOW THEREFORE, • BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, THAT: SECTION ONE: TITLE AND CITATION. This Ordinance shall be known as and cited as "The Collier County Irrigation Use Ordinance"_ SECTION TWO; FINDING. The Board of County Commissioners hereby makes the following findings: That irrigation during the hours of 10:00 a.m. and 4:00 p.m. increases water loss to evaporation and reduces the beneficial use of the County's water resources; That adopting an Ordinance to limit irrigation between 4:00 p.m. and 10:00 a.m. will raise public awareness and promote conservation. That restricting irrigation during the hours of 10:00 a.m. and 4:00 p.m. will not create a hardship on the residents of Collier County. ri lclnRl DI'.?I-Ii. Fa.% +41732'5-'6 Jun - 97 14:06 F. 03;06 pr TION THREE: PURPOSE. The purpose of the this ordinance is to provide a conservation based regulatory framework to assist in the conservation of the County's water resources through its consistent and uniform use for landscape irrigation. SECTION FOUR : DEFINITIONS. The following definitions shall apply within this ordinance: Agriculture. The growing of faun products including, but not limited to, sugar cane, vegetables, citrus and other fruits, pasture land, sod or nursery stock including, but not limited to ornamental foliage and greenhouse plants. County. The Board of.County Commissioners and Ex-Officio the Governing Board of the County and Goodland Water Districts. Code Enforcement Officer. And authorized agent or employee of the County whose duty is to enforce County codes. County Water / Sewer District. The service boundaries as established in Collier County Water- Sewer District, Special Act Chapter 88-499 or its successor. Goodland Water District, The service boundaries as established in Goodland Water District, Ordinance 80-43 or its successor. Impervious. Land Surfaces which do not allow the penetration of water including paved roads, sidewalks, driveways,parking lots and highly compacted areas including shell or clay. Irrlgatio i The application of water from the County's surface or ground water sources to sed; 11'0 62A'4 pias*, .or trees. SN(We, oil 1ta*� , Irrigation systems. Equipment and devices which deliver water to plants being irrigated including, but not limited to pipelines, control structures, pipes and ditches, pumping stations, emitters, valves and fittings. This does not include the transfer of water through water management systems from one location to another. Person. includes any natural person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer or any other entity whatsoever or any combination of such,jointly or severally. Water Resources. Surface and ground water sources and aquifers. water Utility Service. water service provided by a public or privatc Utility operating under a valid Florida Department of Environmental Protection Community water system permit. SECTION FIVE : IRRIGATION USE HOURS PUBLIC: WORKS DI'«'ISIL Fa.x:94177')5 6 Jun 11. 97 14:07 F. 04/0 All irrigation activities within those areas and boundaries as designated in Section Six and not exempted by Section Seven, shall be restricted to the hours between 5:00 p.m. and 9:00 a.m., seven days a week. Irrigation is prohibited between the hours of 10:00 a.m. and 4:00 p.m., seven day a week. acnolisi. EFFECTED AREAS The provisions and restrictions set forth within this Ordinance shall apply to landscape irrigation: Within the boundaries of,the Collier County Water / Sewer District and the Goodland Water District. Other portions of the unincorporated areas of Collier County, including those areas served by private Utility service,upon special inclusion by the Board of County Commissioners. sS TYQN SEVEN : EXEMPTIONS AND VARIANCE PROCESS 7.1.0 The following activities shall be exempt from the provisions of this Ordinance: 7.1.1 Landscape irrigation by hand-watering using a self canceling nozzle. 7.1.2 Landscape irrigation'by systems from which the sole source is treated wastewater effluent. 7.1.3 The operation of irrigation systems for system repair and maintenance. 7.1.4 Flushing of water mains required for normal water main clearance and maintenance and for maintenance of water quality; however, where practical, contractors and utilities shall direct flushed water into previous areas, flush at the minimum rate necessary for cleaning and disperse the water in such a manner to benefit local vegetation. 7.1.5 Landscape irrigation for purposes of watering in fungicides, insecticides and herbicides, as required by the manufacturer or by federal or state laws; however , this exemption applies only to licensed pest control operators, and shall be limited to manufacturer's recommendations. uEt„�-'fha otil 7.1.6 Landscape irrigation for the purpose of watering in newly planted �"� for the first fetty-ftwe days after initial installation. q 0A45 7.1.7 Agricultural irrigation where the use of water is permitted by a consumptive or water use permit issued by the South Florida Water Management District. 7.2 Any person affected by the provisions of this Ordinance may make application to the County Water Director, for a variance, if compliance would impose a unique, unnecessary and inequitable hardship on such person. Relief may be granted only upon a demonstration that such hardship is peculiar to the person or the affected property and is not self-imposed, and that the granting of the variance would be consistent with the general intent and purpose of this Ordinance. Any application for variance or appeal shall be sent by certified mail,return receipt requested_ 7.2.1 The County Water Director shall received requests for variances for irrigation activities that utilize the services provided by the County Water/Sewer District and Goodland Water District. The Director shall render a decision on the variance within ten (10) working days. Denials of variance relief may be appealed to the Public Works Administrator within(20) days of the notice of denial. rUDL1,- ! LIRI\J JUfl LU ( 14•U( r.UU/UCi 7.2.3 An application for variance, and/or the granting of a variance, shall operate prospectively, and shall not effect any pending enforcement action against the property owner pursuant to the provisions of this Ordinance. 7.3 Should the Board of County Commissioners extend the provisions of this Ordinance to any other portions of the unincorporated areas of Collier County, the County Manager shall designate a County staff representative to act on behalf of the County to approve or disapprove variance requests, within those designated areas. SECT4QN FIGHT: ,TERMINATION OF SERVICE The County may terminate water service to any customer of the County Water/Sewer District or Goodland Water District that after repeated warnings willfully fails to comply with the provisions of this Ordinance. Service shall not be restored until the service connection(s) are brought into compliance with the provisions or receives a valid variance from the County, SECTION NINE: PENALTIES 9.1 Repeat violators of the provisions of this Ordinance shall be issued a $25.00 citation_ In addition, continued violators may be punished, pursuant to Section 162.21, Florida Status, as a civil infraction with a maximum civil penalty not to exceed five hundred dollars ($500.00). Any person who violates any provision of this Ordinance or amendments thereto, shall be subject to the penalties provided in Section 125.69, Florida Statutes. 9.1.1 Each day in violation of the provisions of this Ordinance shall constitute a separate offense. 9.1.2 All monies collected pursuant to this Ordinance shall be used by the Code Enforcement Department to fun continuedand enhanced enforcement of this Ordinance. 6PU(A1I oN4L ` V FEo277 LEMON TEN: CONFLICT AND SEVERABILIT The provisions of this Ordinance shall be liberally construed to effectively carryout its purposes, in the interest of public health and the water resources_of Collier County. If any section, phrase, sentence or portion of this Ordinance is, for any reason, 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 portions of this Ordinance. SECTION ELEVEN: INCLUSION IN THE LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. PUBLIC ijJOR LII'.:'ISI( Fa : :941 73 `,6 Jun - 97 14:08 P. 00/06 SECTION TWEL,EYE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1997. DATED: BOARD OF COUNTY COMMISSIONERS OF ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk Timothy L. Hancock, ACIP Chairman Approved as to form and legal sufficiency: Assistant County Attorney Past Accomplishments EPTAB has worked on various issues in the past five years (Table 1) . Most of the effort has been focused on activities required by the Growth Management Plan, notably the Habitat Protection Ordinance and the Natural Resources Protection Area (NRPA) Program, including the review of the Clam Bay NRPA management plan. In the last year, EPTAB was involved in the preparation of the Evaluation and Appraisal Report (EAR) and in the evaluation of the problems of exotic vegetation in the County. EPTAB is currently identifying issues that it will study and provide the BCC with recommendations . In the next month, EPTAB will evaluate priorities for next year' s budget and presentthese to the BCC. TABLE 1 Selected List of EPTAB Accomplishments 1 . Environmentally Sensitive Lands Acquisition Ordinance; 2 . List of NRPA' s with mapped areas and general descriptions; 3 . Review of the Coastal Zone Management Plan and LDC Amendment; 4 . Workshop reviews and recommendation of the Habitat Protection Ordinance; 5 . Workshop reviews and formulation of the NRPA Programs; 6 . Workshop reviews and formulation of the Clam Bay NRPA; 7 . Review and recommendation of the Critical Aquifer Recharge Management Plan; 8 . Recommendation for Sand Dollar Island; 9 . Recommendation for Wiggins Pass Inlet Management Plan; 10 . Manatee Protection Plan - Review and Recommendations . 11 . EAR Report Review and Recommendations, Including EAR Amendments 12 . Exotic Plant Report _\p_ Mit)A Pc, . -- '`/) P - OBJECTIVE 1.3: Continue with the phased delineation, data gathering, management guidelines and implementation of the County Natural Resources Protection Areas (NRPA) program. The purpose of Natural Resources Protection Areas will be to protect endangered or potentially endangered species (as listed in current"Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida", published by the Florida Game and Fresh Water Fish Commission) and their habitats. Policy 1.3.1: The program will include the following: a. Identification of the NRPAs in map form as an overlay to the Future Land Use Plan Map; b. A process for verifying the existence and boundaries of NRPAs during development permit applications; c. Guidelines and standards for development of NRPAs including conservation guidelines to protect natural resource values, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded; d. A review process, integrated into the normal development application review, to ensure that the guidelines and standards are being met and, in those cases where Environmental Impact Statements are prepared, that the site-specific and cumulative environmental impacts of development are being adequately assessed and addressed; e. A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchases). Other options should include, but not be limited to, tax incentives and transfer of development rights; f. A program to pursue Delegation of Authority Agreements with State and Federal permitting agencies for local regulation of activities that may alter the biological and physical characteristics of NRPA; g. The County shall seek assistance from and support State (e.g. CARL, SOR) or Federal land acquisition programs for County areas qualifying as NRPAs. Policy 1.3.2: Continue with management guidelines for the undeveloped coastal barrier and estuarine natural resources protection area. Policy 1.3.3: • Guided by the Technical Advisory Committee, designate and adopt management guidelines and performance standards for County natural resource protection areas. Implementation shall occur on an annual basis as NRPAs and their implementation criteria are developed. Policy 1.3.4: Where possible, the implementation of the NRPA program shall be coordinated with the preparation and implementation of watershed and sub-basin management plans. 5 Z 0 H U W w2 Z W a 0 2 ►+ Q -1 I- Qy -J < a F-Z a > q Zp W a gOWQ S H < 0 S W z co3W 2 ►, Q Q Q W r < --t___S a,..o 3 0Z Q W W O W y 2 0 CL A 5 3 J 2 ►-1 2 2 w .W-. Cl- 0 H- < ' Ce >0 0 Q s J W Qa. • W t c �cx.K w o f Q ciZw Q, Z o 2vl1 0a cy W 1 }' -I 01 Q ¢ �� 0 �W a~) v s Z� o cea2z w 1 > L¢W S U (Y►'-$ LI Q <p 0 A N ZU L1.Q t. Q W J Z `S� Z¢ F—Q W q CZ 1< (...)>. —r-- O C7 CLH JCL ca 3 LL Qz a w �Q o Q , ce I OCZ0_ a W I- DA0 I--- (/)z O ceoZ I U Waa �Was ` 3 CL= pa Z p o ry 0_--I C2 0.1 a Q t F--- A a w cc oQce'al =� Q Cp a (n 14- a 0QW�i YQ Ri el¢ Z OQ a ) 4 / C4V.N1 \//l\+- \ aA ( < �1 \ ►- • u �,! N i • Q � \ oW V Barefoot Beach Preserve County Park Descriptio: Barefoot Beach Preserve County Park is one of the few remaining stretches of an undeveloped portion of a barrier island on the southwest coast of Florida. The northern component of the property, owned by Collier County, encompasses 186 acres of mangrove forest, Coastal Strand and 3100 linear feet of beach. The southern component, owned by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida , totals 156 acres, including 5000 linear feet of beach on the Gulf of Mexico. Prior to 1972, the state owned property had been subdivided into narrow beach front lots. Since no utilities were available, none of the lots were developed. In 1972, the State of Florida started purchasing these lots to save this rare example of coastal strand in its natural form. In 1990, Collier County entered into a 50 year lease agreement to manage all lands in the trustees owned portion of the Preserve. Both properties combined is managed as a Preserve. Waters within the Preserve are listed as Outstanding Florida Waters as well as Class II waters. Management Concerns: • Collier County Parks and Recreation Department produced a Land Management Plan for Barefoot Beach Preserve County Park in 1993 . Within this plan, there are several management concerns that have, as yet, not been completed: • There is one privately owned outparcel inside the State owned portion of the Preserve that presents an immediate problem to the surrounding Preserve. The outparcel is covered with Australian pines and Brazilian peppers. There is no legal mechanism for the removal of these exotics. These exotics will create a maintenance problem because it will be a source from which the exotics can spread back into the Preserve. • Collier County should encourage the State of Florida to take the lead and acquire the outparcel . If this is not possible, then at the very least, seek approval from the outparcel owner to either chemically or physically eradicate the exotics. The dead trees would not have to be removed and would be beneficial as perches for bald eagles. • One management concern needs to be added to the Plan: • Raccoon predation of loggerhead sea turtles nesting along the Preserve need to be controlled and incorporated within the existing management plan. PROPOSED NATURAL RESOURCESLett' PROTECTION AREA BAREFOOT BEACH PRESERVE COUNTY PARK :eBalvch d C iikr }� Ii•�•�!�ii•.•iiiiiiii-isi •iii❖.❖.: 3 ❖:❖;❖iiEt:❖:❖:❖iiiik iiiii :=. X tiiiiiiiiiiiiiiiiiiiiitilitii!iiiii ❖�•i'❖:•i❖:❖:❖❖:❖ •:•❖'.'xH .....•.....• ......- : i ❖i❖:❖Vii..IS `iii••?1fiiii ••I. i:figiVEitiktki titilkiiiiiiiiiitiligkiiii Ignitigifigatiatitti '':.iiiki•Stliiiiiitkiiiikitiggit:: iiiitifilitittlifitit �li•N ?.' iiiiiik. l 41iiii iiii:❖:•iib',:�•••�•i til%tithiliiiiiitE 441: 1111111 iNskratl:iigitkiiik:itii:iik i• • .tt❖li❖1i•.•.� �i��i3O•►� 1:::.kt ❖:ii•• : i I o. g. 0 500 1000feet i� :•:'i •****4 �Proposed N R P A ;,t�:.;r.;..;.ittr$ " CaUI•rrCounty Mntirnt :;�i••���•���� Reso:rccs ^.rpor'.r,errt �.• � ,,,..2 � WIGGINS PASS /1, Tigertail Beach County Park Description: Tigertail Beach County Park is located on Marco Island. Tigertail Beach offers the public everything from natural resources to beachside amenities which include a bath house and five boardwalks leading from the mangrove lined parking area to a white, sandy beach. Adjacent to Tigertail Beach is Sand Dollar Island which is a nesting area for many birds, some that are threatened species. Tigertail Beach County Park is approximately 31. 6 acres in size and was deeded to Collier County in 1969. The deed has a reverter clause that states that the area must be used as a park or be returned to the Deltona Corporation. Management Concerns: Control of raccoon predation on loggerhead sea turtles nesting sites along the beach need to be incorporated within a management plan. The majority of sea turtle nest sites are on Sand Dollar Island, but trapping of raccoons along Tigertail Beach would help reduce the number of eggs being destroyed on Sand Dollar Island. o Re-vegetation of the dune areas need to be initiated, even with the walk-over boardwalks some dune areas have begun to erode. o An exotic removal program should be incorporated in the maintenance program for the Park. There is a scattering of Australian pines and Brazilian pepper within the Park area. PROPOSED NATURAL RESOURCES PROTECTION AREA TIGERTAIL BEACH COUNTY PARK 11/11Cicout Isla d s`ca� Big Collier Ba ` Marco y 0 500 �000 feet Pas Lr ••-•-•-•-•470-•-•-. ,deo- Proposed NRPA \-\`aeo-tlo- \------) Prepored by the Colder County Nn • Resources Depor+ ent Pt-SRPA Irp 3-4—% iori 0,4 ION ai:❖:��:❖ _pinnaker Dr •••••••••••••••• • 69 ..V,P.•••-•i i••••••••••••• s• ••••••••••••—••••••• \,...••••••:•:•••••:„iii Gulf of Mexico MARCO ISLAND Westclox Scrub Jay Mitigation Site Description: The Westclox Scrub Jay Mitigation Site is approximately 13 acres of scrub habitat. The site is located north of Lake Trafford Road in Section 32 , Township 46S, Range 29E. The scrub vegetation on site is suitable to support a Florida scrub jay population. However, some vegetation needs to be thinned in order to attract the Florida scrub jay. The site was acquired to satisfy mitigation requirements for the Westclox Road extension and Coastland Mall expansion. Land was purchased fee simple and a conservation easement granted to the Florida Game and Freshwater Fish Commission. The property is to be maintained as a scrub jay habitat. The County was required to fence the property, remove trash and clear exotic vegetation. These requirements have been met. OCPM has allocated $5, 000 a year for maintenance from the Master Mitigation Fund. Management Concerns: • The site needs to have a prescribed burn, but because it is surrounded by residential housing this would not be allowed. Thick, tall shrub vegetation needs to be cut back to make the site attractive to scrub jays. This could be achieved by mechanical means. • Vandalism of the newly constructed fence has already taken place in some sections of the fence. A continued maintenance of the fence will be required to safeguard the site. • A monitoring plan for Florida scrub jays and gopher tortoises needs to be initiated once the scrub jays establish themselves on site. There is a population of gopher tortoises already on site. • Because the surrounding area is infested with exotics such as the Brazilian pepper, a monitoring and maintenance program needs to be established to remove any of these species, if they re-enter the site. • A trash removal program needs to be continued because of the proximity of the site with the surrounding neighborhood. PROPOSED NATURAL RESOURCES PROTECTION AREA WESTCLOX ROAD MITIGATION SITE fit/kJ Scale I z 3 0 500 1000 feet Proposed NRPA Prepared by the Collier County Natural Resources Department Pr'iRl'A.4, 3-6-% D 13 Q 7 ••�••••� Carsons Rd ❖•:••:•❖•:•:••b'•'•:�:�:v. �:�: Mar jorle St Lake Trafford Road Q 3 ti Belle Meade Natural Resources Conservation Area Description: The Belle Meade Natural Resources Conservation Area is an approximately 320 acre site located in portions of Sections 29, 30 and 31, Township 50 South, Range 27 East. The site is located 2 . 5 miles east of C.R. 951, and 4 . 5 miles south of I-75. The Natural Resources Conservation Area is situated in an area known as Belle Meade. Of the approximately 320 acres of mixed pine and cypress forest, OCPM is committed to purchase 160 acres as mitigation for three road projects; 951 North and South and Immokalee Road. A P-2000 Grant was obtained for an additional 160 acres. At present time, 80 acres have been purchased and will be considered as the proposed NRPA. Mitigation and grant requirements call for clearing the exotic vegetation. SFWMD was granted the conservation easement and requires an annual monitoring report. P-200 requests that they be copied. $30, 000 a year for monitoring and maintenance is provided by the OCPM Master Mitigation Fund. Belle Meade is the primary watershed for the Rookery Bay Estuarine Reserve. This area has one of the most extensive, mature, old growth hydric pine flatwoods, as well as, examples of dwarf cypress savannas unique to south Florida. The Belle Meade area also contains a variety of forest types, including cypress strands and sloughs, cypress domes, mesic pine flatwoods and hardwood hammocks. Examples of these can be found within the Natural Resources Conservation Area. The area is habitat for several listed species including red-cockaded woodpeckers and the Florida panther. Management Concerns: • Continue to acquire sensitive land south of• the original 80 acres to create a master mitigation area to compensate for unavoidable and deleterious environmental impacts resulting from the construction of transportation public facilities. • Exotic removal program is needed within the Conservation Area. Melaleuca is the predominant exotic species on site. Melaleuca is found mostly along the buggy trail, but a few areas of heavy infestation occur in several locations which had been previously disturbed. • A maintenance program should be created to remove trash left on site. To discourage illegal dumping on the property, the property should be posted with "no dumping" signs. • The Conservation Area should require a prescribed burn to enhance the area for the red-cockaded woodpecker, an endangered species. • Best Management Practices should be closely coordinated with the Florida Game and Freshwater Fish Commission, Florida Division of Forestry, U. S. Fish and Wildlife Service, South Florida Water Management District and Rookery Bay National Estuarine Preserve, to ensure the maximum protection for the natural resources on site. PROPOSED NATURAL RESOURCES PROTECTION AREA BELLE MEADE NATURAL RESOURCES CONSERVATION AREA Sabal Palm Road voliii�i�i�iiiii�i�i�i�i�i�i�i�i�i�i�i�i�i •��i�i��� iI i•! ,! i�i�i�iiiiii�i�����'t ill• 0 4 i�i�i�i�i�i�i�i�i�i�i�i�i�i�i�i� ii�i�i��:��:���������4 i - 4 i���' Scale ��i�i�i���������'►i�i�i 0 500 1000 �i:�:����������:�:�:: feet . 4 i �ii4 Proposed N R P A .�����������������������• Prepared by the . Colour Can ...♦♦.......�.�.�.�. �a Resoces Lepnrtiarrt ������.♦..�/....♦� • • • • i•�i�i�iiiiiiiii4 • g3 Western Scrub Area of Immokalee Airport Description: The Immokalee Airport is located in Section 3, Township 47S, Range 29E. The Airport covers 400. 8 acres that are utilized for aviation related purposes with the remaining 932 . 20 acres undeveloped. By far the most important vegetation associations found on the Airport property are the xeric oak and longleaf pine/xeric oak communities. These are considered highly significant for several reasons. First of all, these types of vegetative associations have been systematically destroyed in the State of Florida and the land utilized for development because the typically sandy soils which underlie these areas are relatively dry and easy to develop. Secondly, since so much of this type of vegetation has been altered for development purposes, the remaining areas of xeric oak are considered a dwindling resource by the State of Florida, and remaining lands of this type are being actively protected. The third and most significant reason is that these areas provide exclusive habitat for the threatened Florida scrub jay which is a Federally as well as State listed protected species. On the Airport property, the xeric oak and its associated vegetative communities account for approximately 210 acres of land, all of which is found on the west side of the Airport. In addition to the Florida scrub jay, the vegetative communities found on the west side of the Airport also provide valuable habitat for the gopher tortoise, which is a State listed Species of Special Concern. Management Concerns: • The west side of the Airport has become overgrown with shrubs. This area needs a prescribed burn to bring it back to the prime habitat it once was for the Florida scrub jay. • This habitat should be protected from further development because of its unique vegetative communities. • There are a large active gopher tortoise population that needs to be surveyed and monitored, as well as the Florida scrub jay population. PROPOSED NATURAL RESOURCES PROTECTION AREA IMMOKALEE AIRPORT SCRUB SITE 0 i••••••••••••••••• / • !•• •••••• ••••••.! Scale i••• MAIN 0 500 1000 •••••••• .%v. feet • ;••�••• Proposed NRPA AIRPDRT Prepared by the ,•�•�•�•�•�•�. Collier County Natural •f•••••••••••••• Resources Depart,,ent •••••••••••••••• R-ttr2PA.f.9 3-6-% .•••••••••••••••� •••••••••••••i O••••••••••••••i •,•••••••• .•••••i Bradley Cornell 592-7805 (call firs 06/16/1997 10: 16:32 PM P.2 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD 556 109th Avenue, North, Naples, FL 34108 June 9, 1997 Board of County Commissioners Timothy Hancock, Chairman Collier County Government Center Naples, FL 34102 RE: Requested EPTAB examination of the Natural Resources Dept. FY 98 budget. Dear Chairman Hancock and Commissioners: Please find enclosed the examination and prioritization of the Natural Resources Department FY 98 budget, which was requested by the BCC in February, 1997. It is presented to you now for your consideration as part of the budget review process for the county. The following is a summary of the recommendations presented in the report, in priority order: 1. Conservation Areas Overlay and Protection Plans: 0.25 FTE ($15,600) in NRD 2. Standards for Habitat Preservation: No new staff[0.1 FTE ($6,200) within present NRD budget] 3. Stormwater System Inadequacies Remediation: 0.5 FTE ($31,200) in Stormwater Management Dept. 4. Watershed Management Plans for All Major Basins: No new staff[0.1 FTE ($6,200) within present NRD budget] 5. Green Space/Open Space Plan for Collier County: 0.5 FTE ($31,200) in Long Range Planning Dept. 6. Comprehensive Water Conservation Plan: No new staff[0.25 FTE ($15,600) within present NRD budget.] 7. EPTAB Exotics Report Recommendations Implementation: No new NRD staff[0.38 FTE ($22,496) within current NRD budget], plus 1.0 FTE ($59,200) in Code Enforcement. Privatization Opportunities: Recommendation #3, Stormwater Systems Remediation. Recommendation#4, Watershed Management Plans Recommendation #5, Green Space/Open Space Plan Recommendation#6, Water Conservation Plan If you have questions, or discussion, please contact Brad Cornell at 592-7805. Also, an EPTAB representative will be at the budget hearings to answer any questions then. Respectfully submitted. Sla lIy �orvnQtl Bradley Cornell, Chair Bradley Cornell 592-7805 (call firs 06/16/1997 10: 16:32 PM P.3 MEMORANDUM TO: Collier County Board of Commissioners, Timothy Hancock, Chairman FROM: Environmental Policy Technical Advisory Board (EPTAB), Bradley Cornell, Chairman RE: Natural Resources Department budget prioritization and recommendations DATE: June 9, 1997 At the request of members of the Board of County Commissioners in February, 1997, the Environmental Policy Technical Advisory Board (EPTAB) has conducted an examination of the proposed Natural Resources Department budget for FY 98, and has prioritized work the County should be planning and budgeting for to adequately protect its natural resources. The proposed Natural Resources Department budget was examined and found adequate in the three base level programs entitled, "Sea Turtle Monitoring", "Technical Support", and "Waterways Management." The "Natural Resource Projects" program listed in the budget is a catch-all for the core of the department's work and appears inadequately funded for accomplishment of several critical natural resource protection objectives. Also, five legally required Growth Management Plan(GMP) objectives are not in the budget work plan for FY 98 (see recommendations below). Some of these objectives may fall under other departments' responsibilities and are noted. Strong consideration should be given to privatizing work required for at least four of the major recommendations, including Stormwater System Remediation, Watershed Management Plans, Greenspace.-Openspace Plan, and the Water Conservation Plan. EPTAB has considered legal (GMP)requirements, EPTAB priorities and practicality of implementation in formulating its budget recommendations. The following specific recommendations for funding in FY 98 are in priority order, and all are recommended for, and require, BCC direction to be included in staff work plans and budgets: 1.) Conservation Areas Overlay and Protection Plans -- [required by CCME Obj.1.3 and attendant policies.] Using the EPTAB-proposed deadline of 2002, move toward completion of the Natural Resource Protection Area (NRPA) program implementation. Protection tools must be re-examined, but should include non-regulatory and voluntary private stewardship, as well as innovative growth management mechanisms and strategies (such as tax incentives, clustering, mitigation banking, TDR, fee simple and less than fee simple acquisition, and others.) Implementation should go next to significant County-owned properties, followed by any environmentally important habitats which are presently, or may soon be subject to development impacts. Past lists of proposed NRPA's and their specific protection criteria/tools should be re-examined, also. A consensus-building process ought to be utilized with all interested parties at the table. This is highest priority considering development pressures here, both within and without the Urban Area. RECOM'D RESOURCES TO BUDGET IN FI' 98: 0.25 FTE ($15,600) in NRD. COMMENT: Since designation of the Clam Bay NRPA, program implementation has stalled. Emphasis should be placed on immediately convening advisory board and public working sessions to find consensus on the details of the remainder of the program, including schedule, prioritized list and appropriate protection tools for each. Then, any protection area would be implemented only upon BCC approval. NRD staff increase of 0.25 and BCC direction is necessary to proceed. Both EPTAB and the Development Services Advisory Committee have recently indicated a willingness to work on this issue. Bradley Cornell 592-7805 (call firs 06/16/1997 10: 16:32 PM P.4 2.) Standards for Habitat Preservation-- [required by CC141E Pol. 1.1.7, and Obj.6.1 with attendant policies.] Codify the essential elements of habitat protection on development sites as outlined in the CCME, but also incorporate the concerns of all interested parties in consensus-building "language sessions" as has occurred with other contentious issues (i.e. Southern Golden Gate Estates). The resulting development criteria for native habitats must be in force by June, 1998, as required by law, and is therefore a high priority. RECOM'D RESOURCES TO BUDGET IN FY 98: 0.1 FTE ($6,200) in NRD[no new staff— can be accommodated in present budget, but BCC direction necessary to proceed]. COMMENT: Most work should be accomplished through advisory boards and the public in consultation with staff. Present NRD staff can accomplish this in FY 98, but it is not presently planned. BCC direction is necessary for commencement. Both EPTAB and the Development Services Advisory Committee have recently indicated a willingness to work on this issue. 3.) Stormwater System Inadequacies Remediation -- [required by CCME Po1.2.2.5.] Systematically identify inadequate stormwater treatment and management systems, and correct all deficiencies necessary to meet State water quality standards. Part of this task must include pollution prevention and public education. Therefore, promotion of the Florida Yards and Neighborhoods Program should be incorporated vigorously. This policy must be completed by 1999 and thus ranks high on the priority list. RECOM'D RESOURCES TO BUDGET IN FY 98: 0.5 FTE ($31,200) in Stormwater Mgmt. Dept. COMMENT: Stormwater Management Dept. should identify inadequate stormwater systems in FY 98, then address necessary repairs or retrofitting in FY 99. Both identification and repairs may be contracted out privately to save on permanent staff additions. 4.) Watershed Management Plans for All Major Basins -- [required by CCME Obj.2.1 and attendant policies. Also see Drainage Sub-element.] As outlined in the CCME, comprehensive watershed management plans are needed for flood and water supply protection, as well as estuarine and wetland ecosystem protection. All plans must balance natural resources needs with human needs, and are not solely flood control plans. These plans must all be completed and implemented by 2000, and so there is no year in which they cannot be fully attended to. Because the Big Cypress Basin Board of the South Florida Water Management District and the Stormwater Management Department of the County are already working on this project from flood control perspectives. EPTAB recommends that the County Natural Resources Department participate in the planning of these projects and provide ecosystem protection assistance, oversight and review for all watershed management plans. RECOM'D RESOURCES TO BUDGET IN FY 98: 0.1 FTE ($6,200) in NRD[no new staff- can be accommodated in present budget or privatized, but BCC dircection necessary to proceed]. COMMENT: Cooperation with the Big Cypress Basin Board will provide a big bargain for the County on developing these plans. However, it is vital to include ecosystem protection as an equally important set of criteria in developing these plans. Therefore. NRD involvement right now is needed -- BCC direction needed to proceed. Both natural resources oversight and the work which the Stonnwater Management Dept. does on this project could be privatized with possible benefits to the County. 5.) Green Space/Open Space Plan for Collier County -- [EPTAB priority, not specifically required in the GMP.] Several elements and objectives of the GMP directly converge on this concept and it is currently a conspicuous hole in the GMP. Piecemeal permitting and project execution in this county is far too short- sighted for such a fast growing area. Parks and Recreation, Natural Resources, Future Land Use Planning, landscaping, and Stormwater Management all stand to benefit greatly from developing a comprehensive, county-wide Green Space/Open Space Plan. Most importantly, the citizens of Collier Bradley Cornell 592-7805 (call firs 06/16/1997 10: 16:32 PM P. 5 County stand to benefit tremendously by amplifying all the preservation, management and recreation efforts now being undertaken in relative isolation with little regard to linkage or maximizing overall benefits to the public. RECOM'D RESOURCES TO BUDGET IN FY 98: 0.5 FTE ($31,200) in Long Range Planning Dept. [Privatization possible] COMMENT: While there would be many natural resource benefits to a Green Space/Open Space Plan, the principal responsibility would most likely rest with Planning. All concerned departments would participate, however, in consultation. There is good privatization potential in this objective. 6.) Comprehensive Water Conservation Plan -- [required by CCME Obj.4.2 and attendant policies.] This should be a relatively easy objective to accomplish and makes a great deal of common sense in an area where water use is a serious issue. It must be accomplished, by law, before April, 1998. RECOM'D RESOURCES TO BUDGET IN FY 98: 0.25 FTE ($15,600) in NRD[Vo new staff needed-- can be accomplished within present budget. Privatization is also possible option.] COMMENT: Much work has already been done to effect such a strategy. The final steps should be taken now to reduce per capita water consumption in an area, unfortunately, with one of the highest use rates in the entire state. 7.) EPTAB Exotics Report Recommendations Implementation -- [EPTAB priority, as well as LDC requirements involved.] As presented in February, the recommendations in this report may be broken down into general financial requirement categories. Where reasonable, all no-cost items deserve special examination for implementation. Others have been examined by staff for fiscal impact and presented under separate cover. Because of the costs of inaction and public health and safety issues involved, as well as increasing environmental degradation, all recommendations should be seriously considered. RECOM'D RESOURCES TO BUDGET IN FY 98: 0.38 FTE ($22,496) in NRD[No new staff needed-- can be accomplished within present budget, but BCC direction necessary to proceed.] Also, 1.0 FTE ($59,200) in Code Enforcement. COMMENT: Staff has developed budget projections for implementing some of the EPTAB exotics control recommendations presented to the BCC in February. Please refer to the staff report under separate cover, "Exotics Management Implementation Strategy," dated May 28, 1997. BCC direction is necessary to proceed. /0o 6e' I r n I. INTRODUCTION The Habitat Protection Ordinance (HPO) is intended to preserve up to 25% of the remaining functional upland habitats in the County. Current regulations are primarily directed towards preservation of wetlands. Although wetlands are important for many reasons and preservation is essential, emphasis must be given to upland preservation. The Habitat Protection Ordinance (HPO) , as written, does not require developers to utilize a lesser amount of land than is currently allowed in the Land Development Code (LDC) . The LDC requires that residential development leave 60% of the site as open space. The HPO would require that 25% of the best native habitat on site be preserved as part of the 60% open space requirement. If the State and Federal agencies require that more than 25% of the site be preserved as jurisdictional wetlands, than the HPO will require no additional preservation. The intent of the HPO is to preserve the minimum amount of remaining native habitats as specified by the CCME. Collier County's rapid growth, both in the housing and agriculture industries, is destroying an increasing amount of limited upland habitats. The proposed HPO will allow development to continue, but at the same time will also insure that some habitats and vegetative communities are preserved. II. AUTHORITY The Natural Resources Department (NRD) of the Collier County Environmental Services Division is mandated by the Conservation and Coastal Management Element (CCME) of the Growth Management Plan to establish land development regulations which will conserve, appropriately use and protect native vegetative communities, wildlife and wildlife habitat. The NRD staff has prepared a Habitat Protection Ordinance (HPO) . The purpose of the HPO is to (1) identify and define native habitats, and (2) preserve an appropriate amount of these habitats. Goal 6 of the CCME states: "THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT". Policies 6. 1. 1, 6. 1.2 and 6. 1. 3 go on to name specific habitat types. Policy 6. 1. 1: "By August 1, 1990, inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species for intertidal and coastal strands, undeveloped coastal barriers, and xeric scrub habitats, with criteria for development and standards for land clearing in t .e habitat areas. " (Empha: added) Policy 6. 1. 2 : "By August 1, 1991, inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species, for marine, freshwater, and transitional zone wetlands, and hardwood hammocks. " (Emphasis added) Policy 6. 1. 3 : "By August 1, 1992 , inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species, for pine flatwoods and dry prairie habitats. " (Emphasis added) The HPO clearly states: "The following habitats will be included for management under this Division of the code: 1) Dune and Strand, 2) Xeric Scrub, 3) Hardwood Hammock, 4) Pine Flatwood, 5) Dry Prairie, and 6) Wetlands. " The intent is to manage and preserve only these habitat types, as listed in the CCME and defined in the HPO. All other habitat types, or land use areas, not defined in the HPO will continue to be regulated through other Divisions of the Land Development Code (LDC) . III. APPLICABILITY All development, except for single family, 2 . 5 acres or greater in the Coastal Zone and twenty or more acres throughout the rest of the County, will be required to set aside functional upland habitat for preservation. Any multi-family, commercial, or industrial development, or any type of rezone, is subject to the Habitat Protection Ordinance. In Collier County, the Coastal Zone extends westward from U.S. 41. Most land parcels remaining in the Coastal Zone that are not currently in PUD are relatively small compared to the rest of the County. This area was also the first to be developed, and as a result, much of the original native habitat has been destroyed. Also found within the Coastal Zone are the Rare, Unique and Endangered habitats. For the purposes of the HPO these are defined as Dune and Strand, Tropical Hardwood Hammocks, and Xeric Scrub. Taken together, these habitats comprise less than 0. 1% of the entire land area of the County. Dune and Strand habitats is found along the coastline. In Collier County these remaining habitats are mostly found on the coastal islands. These sites are usually long, narrow and linear in their make up, and are usually fronted by open beach and backed up by mangroves, where development cannot take place. Allowing the desl ction of the middle 50% C""`.hese habitats for development will reserve 25% on both ends, Joh ideally will abut the 25% preserved habitat of the adjacent development. In the remainder of the County all sites, except for single family and duplex residences, twenty acres or greater will be subject to the HPO. This includes multi-family residential, commercial, and industrial developments. As the County grows, development will move to the east. The urban Residential Zone currently extends from U.S. 41 to one mile east of C.R. 951. Most of the development taking place in this area of the County is large multi and single family residential communities built on tracts of land several hundred acres in size. IV. FISCAL IMPACT The Habitat Protection Ordinance (HPO) will not necessarily require any additional land to be set aside than is presently the case. Greater selectivity will be required in order to insure that the most ecologically sensitive land is set aside. In the past the area reserved, depending on its character, could potentially be used for landscaping, recreation, and stormwater management. Under this new ordinance landscaping and stormwater management may not be compatible uses and only passive non-distructive recreational uses may be allowed. In cases where the developer would have used the reserve area for landscaping or stormwater management systems, this use will no longer be allowed and the developer will have to set aside other portions of the parcel for these uses. In this case an additional cost could be incurred assuming that the developer would have used this other land for residential, commercial or some other revenue generating use, or where the developer must purchase more land to meet the requirements of the project than would have been necessary without this ordinance. In summary the fiscal impact may range from zero to the value of additional land required to offset the set aside or the loss of potential revenue from the land required for uses which were formerly allowed in the set aside area. In the preparation of the documents that must be presented to the County it will be necessary to provide a map and a narrative addressing the selection of the area proposed to be set aside. It is estimated that the additional effort to provide this information will usually not require more than eight hours work by a consultant. Then an additional cost is projected for the applicant of approximately $400. HABITAT PROTECTION ORDINANCE FACT SHEET Requires Development to PRESERVE: > 25% Sensitive Native Habitat Xeric Scrub Hardwood Hammocks " Pine Flatwoods Dry Prairies ^ Wetlands > Greater Preservation for RUE HABITAT ^ 50% Dune and Strand > To be used as part of 60% Open Space. Does not require the developer to set aside any additional land than already required. Can be applied toward landscape credits. Applicability: > Includes Multi-family, Commercial, Industrial developments, and any type of rezone. Sites larger than 2h acres in the Coastal Zone Sites larger than 20 acres in the rest of the County > Excludes: Single Family Residence A Agriculture > Wetland Regulation Deferred to Other Agencies: > SFWMD > DER > COE Ranking Criteria: > Identifies Highest / Best Environmental Values for PRESERVATION. Uses in Preserve Area Limited to: > Passive Recreation > Education f ) _ ( .ice iwl1 r x i #,;"-,i,:-:',?,,.. 4 .1 t f ti . r ** ''-`-,J4. ;',.',''-'.1-';.:,-%‘"1,"'"-,- j y ,. ♦ � O �f 7�� 7%)at Wlf �r j � .F .j y�W I$. tis }Exb / e • aha ; � -:.. - .... = _ _ _ E ,-:. __ i47 T . �s 'pF,r _ 1�fi y a' .. 3 -i---,',..----,-•,-1,-4,,,-.,': a r § r 118 n* 4- . p.r EXECUTIVE SUMMARY ADOPTION OF THE COLLIER COUNTY HABITAT PROTECTION ORDINANCE OBJECTIVE: That the Board of County Commissioners (BCC) adopt Ordinance 93- , The Collier County Habitat Protection Ordinance. CONSIDERATIONS: Section 163 . 3202, Florida Statutes, requires Collier County to adopt land development regulations which implement and are consistent with the Conservation and Coastal Management Element (COME) of the Growth Management Plan (GMP) . Goal 6 of the COME provides that "the County shall identify, protect, conserve and appropriately use its native vegetative communities and wildlife habitat. " Objective 6. 1 provides that by August 1, 1990, the County will inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species for intertidal and coastal strands, undeveloped coastal barriers, and xeric scrub habitats, with criteria for land clearing in these habitat areas. Additionally, Objective 6.4 mandates that "a portion of each viable, naturally functioning non-wetland native habitat type shall be preserved or retained as appropriate. " These objectives and associated policies will be implemented with the adoption of the Habitat Protection Ordinance. As you know, the Florida Department of Community Affairs (DCA) has threatened to institute legal action against Collier County alleging that the County has not complied with its comprehensive plan by the adoption of certain environmental regulations relating to protection of specified habitats and natural resources, including coastal zone regulations. The Habitat Protection Ordinance will implement GMP goals, objectives and policies which are the subject of DCA's proposed legal action. The Habitat Protection Ordinance is a land development regulation, which will be fully incorporated into the Collier County Land Development Code if adopted by the BCC. Description: Collier County's rapid growth, both in housing and agriculture, is destroying an increasing amount of limited upland habitats. The proposed Habitat Protection Ordinance (HPO) will allow development to continue, but at the same time will also insure that some habitats and vegetative communities are preserved. The purpose of the HPO is to (1) identify and define native habitats, (2) determine their relative ecological worth and (3) preserve an appropriate amount of these habitats. The HPO, as written, does not require developers to preserve more land than is currently required in the Land Development Code (LDC) . The LDC requires that residential development leave 60% of the site as open space and commercial sites 30%. The HPO would require that 25% of the best native habitat on site be preserved as part of the 60%/30% open space requirement. If the State and Federal agencies require that more than 25% of the site be preserved as jurisdictional wetlands, than the HPO will require no additional preservation. (Please see Technical Report for additional details) . Applicability: This ordinance is applicable as follows: 1. Sites seaward of the coastal management boundary that are 2 . 5 acres or more in size. 2. Sites landward of the coastal management boundary that are 20 acres or more in size except for certain agricultural areas where a clearing permit or exemption has been issued. 3 . Sites rezoned from Rural Agricultural that are 10 acres or more in size. 4 . All sites where dune and strand are present. The preservation area may be used to satisfy open space requirements and where wetlands are required to be preserved on site, these wetlands may be used to meet the preservation requirements of this ordinance. Sites with recorded plats, that have a current approved final site development plan and that have a current approved PUD master plan are exempted. Changes to a PUD may cause that PUD to become subject to this ordinance. FISCAL IMPACT: The Habitat Protection Ordinance (HPO) will not require additional land to be set aside above and beyond the open space requirement of 60% residential and 30% commercial. Greater selectively will be required in order to insure that the most ecologically sensitive land is preserved. In the past the area reserved, depending on its character, could potentially be used for landscaping, recreation, and stormwater management. Under this new ordinance landscaping and stormwater management may not be compatible uses as only passive non destructive recreational uses will be allowed. If the developer was to have used the reserve area for landscaping or stormwater management systems, the developer will now have to set aside other portions of the parcel for these uses. In a worst case scenario, from the -2- development perspective, where the entire site is native habitat, 35% would remain after the preservation requirement was met for the usual open space uses or 5% in the case of commercial sites. In the preparation of the documents that must be presented to the County it will be necessary to provide a map and a narrative addressing the selection of the area proposed to be set aside. A map and habitat description is already required on most projects. It is estimated that the additional effort to provide this information will usually not require more than a 5% additional work effort. There is expected to be no appreciable difference in processing time for County staff, however, the applicant may have the additional cost of recording a conservation easement. It should be noted that a conservation easement is already required for wetlands. Therefore if wetlands are not present, the conservation easement may represent a new cost through additional survey work, attorneys fees and recording fees. Typical fees are as follows: Attorney fees, Conservation easement $300 - 500; Survey costs $60 - 80 hr. ; Recording fee $15.70 (3 pages) . Removal of exotics is already required and once that is accomplished, maintenance should be relatively simple. GROWTH MANAGEMENT IMPACT: The Habitat Protection Ordinance fulfills the minimum requirements of Goal 6, Objective 6. 1 and associated policies and objectives concerning native habitat protection. The Ordinance has been reviewed for consistency with the GMP. RECOMMENDATION: Staff recommends that the BCC adopt Ordinance 93- , The Habitat Protection Ordinance, which will then be incorporated into the Collier County Land Development Code. PREPARED BY: E44A DATE: G/ / - Fran Stallings, h.D. , Director I Natural Resources Department REVIEWED BY: DATE: William D. Lorenz Jr. , P.E. , Administrator Environmental Services Division REVIEWED BY: >2. DATE: 6//93 Martha N. Howell Assistant County Attorney -3- - Habitat Protect). Ordinance Staff Side Sheet June 10, 1993 SECTION 7 LOCATION OF NATIVE HABITATS TO BE PRESERVED Native habitats located in the following areas of incorporated Collier County shall be preserved and protected in accordance with the terms of this ordinance: 1. All sites seaward of the Coastal Management Boundary as depicted on the Future Land Use Map, Collier County Growth Management Plan, that are two and one half (2.5) or more acres in size. 2. All sites landward of the Coastal Management Boundary that are twenty (20) or more acres in size, except for land zoned Rural. Agricultural (A) or engaged in bona fide agricultural uses for which an Agricultural Clearing Permit or exemption has been issued in accordance with Sec. 3 .9.6.5, LDC. 3 . All sites rezoned from Rural Agricultural (A) zoning designation that are ten (10) or more acres in size, at the time of rezone from the Rural Agricultural (A) zoning district to another zoning designation. 4. All sites of any size, in any zoning district where dune and strand,— me.r4e ocrub, an4 tropical he weed hainmeek habitats are habitat is- present. New language is underlined; deleted language is stricken. Pagt �o Habitat Protect_.rn Ordinance Staff Side Sheet June 10, 1993 SECTION 8 PRESERVATION AREA AND PRESERVATION REQUIREMENT For real property meeting the thresholds provided in Section 7, a Preservation Requirement of twenty-five percent (25%) of the tropical hardwood hammock, hardwood hammock, nine flatwoods, dry prairie and wetland native habitat(s) on site shall be placed in a Preservation Area. however, where twenty-five percent (25%) of the total of all such native habitats on site is less than twenty-five hundred L25001 square feet, preservation is not required. er when Where xeric scrub habitat is present on site, Preservation Requirement of twenty-five percent (25%) of the xeric scrub habitat shall be placed in a Preservation Area, :oweve w:e _ - we 've •er ent 25 of the total xeric scrub habitat on site is less than five hundred (500) square feet preservation is not required. Where dune and strand, merie - eceer er tropical hardwood hammeek Dative habitat is present fifty percent (50%) of the habitat present on site shall be placed in a Preservation Area. In the event that the native habitat with the highest total relative ecological value as determined by the native habitat ecological evaluation contained in Section 11 herein does not meet the Preservation Requirement, a Preservation Area shall be calculated pursuant to the provisions of Section 12 below. The Preservation Area shall be shown on the preliminary subdivision plat and on all final plats New language is underlined; deleted language is stricken. Pa`)`" 2.4c Habitat Protecti. a Ordinance Staff Side Sheet June 10, 1993 SECTION 8 continued in accordance with Sec. 3 .2.8.4.7 (3) , LDC, and shall be dedicated; or the Preservation Area shall be conveyed by a perpetual conservation easement; or title to the Preservation Area may be transferred to a public entity or a not-for-profit conservation organization as provided herein. New language is underlined; deleted language is stricken. Page 3/,f, r Habitat Protection Ordinance Staff Side Sheet June 10, 1993 SECTION 9 DEVELOPMENT REVIEW PROCEDURES H. Nativs Habitat Analysis. As part of any application for site alteration or site development plan, rezone, conditional use or preliminary subdivision plat, building permit or any development order as defined in Div. 6.3, LDC, the applicant shall prepare and submit a Native Habitat Analysis for review and approval. The Native Habitat Analysis shall be prepared by a qualified environmental professional as described in Sec. 3 .8.4, LDC, or by a qualified biologist as defined herein. The Native Habitat Analysis shall contain the following components, except In the case of barren land as defined in Section 3 herein: 1. . . 2 . . . . 3. . . . 4. . . 5. . . . 6. . 7 . . . . 8. . . . In the case of barren land(s) , where such land is not zoned Rural agricultural (A) and the entire parcel as defined by legal description is barren land as defined herein, the Native Habitat Analysis shall include items 1. , 2. , and 3 . above, as applicable. New language is underlined; deleted language is stricken. Pa-le 4/r (� Habitat Protecti. Ordinance Staff Side Sheet June 10, 1993 SECTION 9 continued Where no native habitat(s1 as defined in Section 3 herein are present on the subiect property. a dated aerial photograph and legal descriptioa shall be submitted in place of the FLUCCS vegetation Map recruired by item _3, above, which demonstrates that the subject parcel is devoid of vegetation and that identification and delineation of native habitats is not required. New language is underlined; deleted language is stricken. Habitat Protection Ordinance Staff Side Sheet June 10, 1993 SECTION 3 DEFINITIONS warren land(a) shall mean real property _lacking vegetation and which has been devoid of vegetation for a period of three years or more. New language is underlined; deleted language is stricken. PMe '/ Habitat Protect n Ordinance Staff Side Sheet June 10, 1993 SECTION 11 NATIVE HABITAT ECOLOGICAL EVALUATION A. Relative Ecological Value Criteria The following five criteria, listed in descending order of importance, shall be utilized to assess the relative ecological value of specific delineated native habitats within a project site: Criterion 1 RARITY of habitat: Rarity of habitat type in Collier County is based on Florida Game and Freshwater Fish Commission (FGFWFC) 1991 Lands acreages, or any supplemental data or information thereto. The rarest habitat types shall be given the highest priority for preservation. Once the native habitats on site are identified on a FLUKES vegetation map in accordance with Section 10, the following values shall be assigned for each occurrence of native habitats on site as delineated on the FLUKES vegetation map. HABITAT TYPE: Relative Ecological Value Xcric Scrub Dune and Strand 500 Dune and Strand Xeric Scrub 488 500 Tropical Hardwood Hammock 444 500 Hardwood. Hammock 100 Dry Prairie 50 Pine Flatwoods 50 Wetlands 25 New language is underlined; deleted language is stricken. 7/0 Habitat Protectlun Ordinance Staff Side Sheets June 10, 1993 SECTION 12 CALCULATION OF PROPOSED PRESERVATION AREA The applicant shall present a proposed Preservation Area in accordance with the requirements of Section 8. The preferred areas for preservation are those native habitats with the highest total relative ecological value calculated pursuant to Section 11 herein. When the Preservation Requirement cannot be satisfied with the highest ranked native habitat, then the next highest ranked native habitat may also be used to meet the Preservation Requirement; this process shall continue by placing each succeeding next highest ranked habitat within the proposed Preservation Area until the Preservation Requirement is met. Where the highest ranked native habitats are not contiguous but are dispersed throughout the parcel, or, where the highest ranked native habitats are interspersed with lower ranked habitats throughout the parcel, or when proiect engineering or infrastructure reauirements cannot be met otherwise the applicant shall propose a configuration of native habitat for inclusion in the Preservation Area that maximizes the use of the highest ranked native habitats and minimizes the use of lowest ranked native habitats. This may include use of lower ranked native habitats to link higher ranked native habitats together for inclusion in the Preservation Area. In the event that a native habitat with a lower ranking is proposed to be set aside for inclusion in the Preservation Area in order to link the highest New language is underlined; deleted language is stricken. 1'age Habitat Protects`.. Ordinance Staff Side Sheet June 10, 1993 SECTION 12 continued ranked native habitats together, or to meet n je_ct engineering or infrastructure requirements, equivalent substitution, as defined in Section 3 herein, shall be applicable to calculate the total proposed Preservation Area. New language is underlined; deleted language is stricken. pays 9/c Habitat Protect Ordinance Staff Side Sheet June 10, 1993 SECTION 16 EXEMPTIONS 1. Single family or duplex use on a single lot or parcel less than two and one half acres in size. This exemption does not apply to any parcel where dune and strand habitat is present. 2. All sites with recorded plats. 3 . All sites which have a current approved final site development plan. 4. All sites which have a current approved PUU master plan. Any amendment or change to the PUD, whether PDA or PDI, or pursuant to reevaluation of the zoning through Sec. 2 .7.2 . 12.3 and 2 .7 . 3.4, LDC, would require the PUD to perform a Native Habitat Analysis and be subject to this regulation. 5, Sites approved for oil and gas exploration activities. New language is underlined; deleted language is stricken. lc/ NATURAL RESOURCES DEP -''NT TECHITICA.t REPORT TO: William D. Lorenz, Jr. , P. E, Administrator VIA: ' Fran Stallings, Ph.D. , Director, Natural Resources Department FROM: Kevin H. Duga Sr. Environmental Specialist DATE: MAY 21, 1993 RE: HABITAT PROTECTION ORDINANCE PURPOSE AND INTENT Collier County's rapid growth, both in housing and agriculture, is destroying an increasing amount of limited upland habitats. The proposed Habitat Protection Ordinance (HPO) will allow development to continue, but at the same time will also insure that some habitats and vegetative communities are preserved. The purpose of the HPO is to (1) identify and define native habitats, (2) determine their relative ecological worth and (3) preserve an appropriate amount of these habitats. The HPO, as written, does not require developers to preserve more land than is currently required in the Land Development Code (LDC) . The LDC requires that residential development leave 60% of the site as open space and commercial sites 30% . The HPO would require that 25% of the best native habitat on site be preserved as part of the 60%/30% open space requirement. If the State and Federal agencies require that more than 25% of the site be preserved as jurisdictional wetlands, than the HPO will require no additional preservation. AUTHORITY The Natural Resources Department (NRD) of the Collier County Environmental Services Division is mandated by the Conservation and Coastal Management Element (COME) of the Growth Management Plan to establish land development regulations which will conserve, appropriately use and protect native vegetative communities, wildlife and wildlife habitat. The NRD staff has prepared a Habitat Protection Ordinance to meet the requirements of specific goals, objectives and policies of the CCME. -1- ! _ Goal 6 of the c ? states: "THE COUNTY BK: IDENTIFY, PROTECT, CONSERVE AND APA- OPRIATELY USE ITS NATIVE 1_JETATIVE COMMUNITIES AND WILDLIFE HABITAT". Policies 6. 1. 1, 6. 1. 2 and 6. 1. 3 go on to name specific habitat types. OBJECTIVE 6. 1: By August 1, 1992, identify, define and prepare development standards and criteria for all important native County habitats. Until the adoption of specific development criteria, the County will continue to follow current practices of habitat and species protection through negotiations between County staff and development interests as part of the public hearing process. These negotiations are based on provisions in County ordinances including Ordinance 75-21, the Tree Removal Ordinance; Ordinance 77-66, the Environmental Impact Statement Ordinance;Ordinance 80-19, the Coastal Construction Control Line Ordinance; Ordinance 82-37 , the Exotic Plants Ordinance; and Ordinance 74-9, the Exotic Fish Ordinance. Policy 6. 1. 1: "By August 1, 1990, inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species for intertidal and coastal strands, undeveloped coastal barriers, and xeric scrub habitats, with criteria for development and standards for land clearing in these habitat areas. " (Emphasis added) Policy 6. 1. 2 : "By August 1, 1991, inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species, for marine, freshwater, and transitional zone wetlands, and hardwood hammocks. " (Emphasis added) Policy 6. 1. 3 : "By August 1, 1992, inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species, for pine flatwoods and dry prairie habitats. " (Emphasis added) The HPO clearly states: "The following habitats will be included for management under this Division of the code: 1) Dune and Strand, 2) Xeric Scrub, 3) Hardwood Hammock, 4) Pine Flatwood, 5) Dry Prairie, and 6) Wetlands. " The intent is to manage and preserve only these habitat types, as listed in the CCME and defined in the HPO. All other habitat types, or land use areas, not defined in the HPO will continue to be regulated through other Divisions of the Land Development Code (LDC) . -2- JUSTIFICATION , _ECHNICAL FINDINGS OF FACT 1. Native habitats serve as critical habitat for many protected and endemic species. 2 . A continuous, vegetated dune system serves as a buffer zone providing storm protection for landward properties. Dunes also function in natural shoreline stabilization, by providing protection for upland properties more effectively and at a lower cost than a seawall or bulkhead, acting as a flexible barrier to the landward property. 3. Endangered and threatened species which utilize the dune and strand habitats include the loggerhead sea turtle, gopher tortoise, and the eastern indigo snake. 4. Xeric scrub serves as habitat for most of the endemic species in Florida as well as for many protected species, such as the Florida scrub jay and the gopher tortoise, along with its commensal burrow species including the eastern indigo snake and Florida gopher frog. S. Xeric scrub areas in Collier County are important aquifer recharge areas, as their soils have very low water-holding capacities and high permeability rates, and therefore act to reduce saltwater intrusion. 6. Hardwood hammocks have high species diversity and serve as habitat for many rare and protected species, including numerous species of epiphytes, the Florida tree snail (Liguus) and Florida panther. 7. Hardwood hammocks function as components of critical ecological corridors for animals such as the endangered Florida panther. 8. Tropical hardwood hammocks in Collier County commonly exist on prehistoric Indian shell mounds that have archaeological value. 9. Pine flatwood is the habitat for many protected species, including the Big Cypress fox squirrel, bald eagle, Bachman's sparrow, southeastern kestrel, and the endemic red-cockaded woodpecker. 10. Dry prairie is the habitat for many protected species, including the crested caracara, burrowing owl, grasshopper sparrow, and Florida sandhill crane. 11. Pine flatwoods and dry prairies are open, large expanses utilized for breeding and forage by wide-ranging protected animals such as the Florida panther and Florida black bear. -3- 12 . Wetlands it"`,llier County play impot —t roles in storage and conveyance flood and stormwaters, s reline stabilization, storm protection, production of fish and shellfish. They provide habitat for listed plant and animal species, food chain support for a broad range of wildlife, outdoor recreation, and aesthetic value. 13. Wetlands play critical roles in the protection of water quality, through sediment reduction, nutrient removal, and pollutant uptake via filtration. 14. Protected species utilizing wetlands include the American alligator, Florida panther, Florida black bear, Everglades mink, and a wide variety of avifauna, including the wood stork, white ibis, roseate spoonbill, osprey, and various herons and egrets. 15. All native habitats that occur within Collier County serve to enhance the overall quality of life, by providing aesthetic and cultural value as well as educational and scientific opportunities to the citizens and visitors of Collier County. 16. Collier County contains an assemblage of ecosystems that, because of the variety and rarity of the species of plants and animals present, is unique in the United States. DUPLICATION OF EFFORT This ordinance does not duplicate existing regulations. Current regulations do require a set aside' as noted above, however, they do not require that this set aside be the best natural habitat and they do not restrict the allowable activity to the degree necessary to protect and preserve the natural habitats. FISCAL IMPACT The Habitat Protection Ordinance (HPO) will not require additional land to be set aside above and beyond the open space requirement of 60$ residential and 30% commercial. Greater selectivity will be required in order to insure that the most ecologically sensitive land is preserved. In the past the area reserved, depending on its character, could potentially be used for landscaping, recreation, and stormwater management. Under this new ordinance landscaping and stormwater management may not be compatible uses as only passive non-destructive recreational uses will be allowed. If the developer was to have used the reserve area for landscaping or stormwater management systems, the developer will now have to set aside other portions of the parcel for these uses. In a worst case scenario, from the development perspective, where the entire site is native habitat, 35% would remain after the the preservation requirement was met -4- for the usua?' �' pen space uses or 5% in t case of commercial sites. In the preparation of the documents that must be presented to the County it will be necessary to provide a map and a narrative addressing the selection of the area proposed to be set aside. A map and habitat description is already required on most projects. It is estimated that the additional effort to provide this information will usually not require more than a 5% additional work effort. There is expected to be no appreciable difference in processing time for County staff, however, the applicant may have the additional cost of recording a conservation easement. It should be noted that a conservation easement is already required for wetlands. Therefore if wetlands are not present, the conservation easement may represent a new cost through additional survey work, attorneys fees and recording fees. Typical fees are as follows: Attorney fees, Conservation easement $300 - $500; Survey costs $60 - $80 /hr. ; Recording fee $15. 70 (3 pages) . Removal of exotics is already required and once that is accomplished, maintenance should be relatively simple. -5- NATURAL RESOURCES DEPARTMENT STAFF REPORT TO: William D. Lorenz Jr. , P. E. , Administrator VIA: Fran Stallings, Ph.D. , Natural Resources Director FROM: ` L--kaura C. Kraus, Senior Environmental Specialist DATE: 21-May-1993 SUBJECT: LDC Amendments to DIV. 3 . 10 SEA TURTLE PROTECTION AND DIV. 3. 14 VEHICLES ON THE BEACH PURPOSE AND INTENT Part II of Chapter 163 , Florida Statues, establishes the local Comprehensive Planning and Land Development Regulations Act, providing Collier County the authority and responsibility to comprehensively plan for future development and resource protection through land development regulations. Pursuant to this chapter, Collier County is required to adopt land development regulations which implement and are consistent with the Conservation and Coastal Management Element (CCME) of the Collier County Growth Management Plan and its associated objectives and policies. These objectives and policies mandate the County to protect, conserve, manage, and appropriately use its coastal barriers including shorelines and where appropriate, will restrict activities where such activities will damage or destroy coastal resources. Objectives in the CCME required the County to develop Coastal Zone and Estuarine Management Plans. On June 3 , 1992 , the Collier County Board of Commissioners (BCC) approved the Coastal Zone Management Plan (Resolution 92-319) and directed staff to seek approval from the board before starting the development of ordinances and programs designed to implement the Plan. On September 01, 1992 the BCC directed the Natural Resources Department to commence the implementation of the Coastal Zone Management Plan (Resolution 92-319) . The proposed changes implement the following Objectives and Policies of the CCME: OBJECTIVE 7.3: By January 1, 1992, the County shall develop and implement programs for protecting fisheries and other animal wildlife. ,- - 1 NATURAL RESOURCES OFFAL - ANT TECHMICAL REPORT TO: William D. Lorenz, Jr. , P. E, Administrator VIA: Fran Stallings, Ph.D. , Director, Natural Resources Department FROM: Kevin H. Duga Sr. Environmental Specialist DATE: MAY 21, 1993 RE: HABITAT PROTECTION ORDINANCE __________- PURPOSE N____-PURPOSE AND INTENT Collier County's rapid growth, both in housing and agriculture, is destroying an increasing amount of limited upland habitats. The proposed Habitat Protection Ordinance (HPO) will allow development to continue, but at the same time will also insure that some habitats and vegetative communities are preserved. The purpose of the HPO is to (1) identify and define native habitats, (2) determine their relative ecological worth and (3) preserve n appropriate amount of these habitats. The HPO, as written, does not require developers to preserve more land than is currently required in the Land Development Code (LDC) . The LDC requires that residential development leave 60% of the site as open space and commercial sites 30% . The HPO would require that 25% of the best native habitat on site be preserved as part of the 60%/30% open- space requirement. If the State and Federal agencies require that more than 25% of the site be preserved as jurisdictional wetlands, than the HPO will require no additional preservation. AUTHORITY The Natural Resources Department (NRD) of the Collier County Environmental Services Division is mandated by the Conservation and Coastal Management Element (CCME) of the Growth Management Plan to establish land development regulations which will conserve, appropriately use and protect native vegetative communities, wildlife and wildlife habitat. The NRD staff has prepared a Habitat Protection Ordinance to meet the requirements of specific goals, objectives and policies of the CCME. -1- • Goal 6 of ths ' -2ME states: "THE COUNTY 8f., IDENTIFY, PROTECT, CONSERVE AND A .OPRIATELY USE ITS NATIVE GETATIVE COMMUNITIES AND WILDLIFE HABITAT". Policies 6. 1. 1, 6. x . 2 and 6. 1. 3 go on to name specific habitat types. OBJECTIVE 6. 1: By August 1, 1992 , identify, define and prepare development standards and criteria for all important native County habitats. Until the adoption of specific development criteria, the County will continue to follow current practices of habitat and species protection through negotiations between County staff and development interests as part of the public hearing process. These negotiations are based on provisions in County ordinances including Ordinance 75-21, the Tree Removal Ordinance; Ordinance 77-66, the Environmental Impact Statement Ordinance;Ordinance 80-19 , the Coastal Construction Control Line Ordinance; Ordinance 82-37 , the Exotic Plants Ordinance; and Ordinance 74-9 , the Exotic Fish Ordinance. Policy 6 . 1. 1: "By August 1, 1990, inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species for intertidal and coastal strands, undeveloped coastal barriers, and xeric scrub habitats, with criteria for development and standards for land clearing in these habitat areas. " (Emphasis added) Policy 6. 1.2 : "By August 1, 1991, inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species, for marine, freshwater, and transitional zone wetlands, and hardwood hammocks. " (Emphasis added) Policy 6. 1.3 : "By August 1, 1992 , inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species, for pine flatwoods and dry prairie habitats. " (Emphasis added) The HPO clearly states: "The following habitats will be included for management under this Division of the code: 1) Dune and Strand, 2) Xeric Scrub, 3) Hardwood Hammock, 4) Pine Flatwood, 5) Dry Prairie, and 6) Wetlands. " The intent is to manage and preserve only these habitat types, as listed in the CCME and defined in the HPO. All other habitat types, or land use areas, not defined in the HPO will continue to be regulated through other Divisions of the Land Development Code (LDC) . -2- JUSTIFICATION ECHNICAL FINDINGS OF FAC. — 1. Native habitats serve as critical habitat for many protected and endemic species. 2 . A continuous, vegetated dune system serves as a buffer zone providing storm protection for landward propertie . Dns also function in natural shoreline stabilization, by providing protection afor seawallupland orproperties bulkhead, actingeffectively flexible barrierto lower cost than the landward property. 3. Endangered and threatened species which tututilize gtheeddune and strand habitats include the loggerhead sea tortoise, and the eastern indigo snake. 4. Xeric scrub serves as habitatfort of the esndemics the in Florida as well as for many protectedspecies, Florida scrub jay and the gopher tortoise, along with its commensal burrow species including the eastern indigo snake and Florida gopher frog. S. Xeric scrub areas in Collier County are important aquifer recharge areas, as their soils have very low water-holding capacities and high permeability rates, and therefore act to reduce saltwater intrusion. 6. Hardwood hammocks have high species diversity and serve as habitat for many rare and protected species, including numerous species of epiphytes, the Florida tree snail (Liguus) and Florida panther. 7. Hardwood dorssfornction animalsssuchcomponents critical asthe endangered ecological corridors Florida panther. 8. Tropical hardwood hammocks in Collier County commonly exist. on prehistoric Indian shell mounds that have archaeological value. 9. Pine flatwood is the habitat for many protected species, including the Big Cypress fox squirrel, bald eagle, Bachman's sparrow, southeastern kestrel, and the endemic red-cockaded woodpecker. 10. Dry prairie is the habitat for many protected species, as including the crested caracara, burrowing owl, g pPs sparrow, and Florida sandhill crane. 11. Pine flatwoods and dry prairies are open, large expanses utilized for breeding and forage by wide-ranging protected animals such as the Florida panther and Florida black bear. -3- 12 . Wetlands ir--Collier County play impor _It roles in storage and conveyance flood and stormwaters, i reline stabilization, storm protection, production of fish and snellfish. They provide habitat for listed plant and animal species, food chain support for a broad range of wildlife, outdoor recreation, and aesthetic value. 13. Wetlands play critical roles in the protection of water quality, through sediment reduction, nutrient removal, and pollutant uptake via filtration. 14 . Protected species utilizing wetlands include the American alligator, Florida panther, Florida black bear, Everglades mink, and a wide variety of avifauna, including the wood stork, white ibis, roseate spoonbill, osprey, and various herons and egrets. 15. All native habitats that occur within Collier County serve to enhance the overall quality of life, by providing aesthetic and cultural value as well as educational and scientific opportunities to the citizens and visitors of Collier County. 16. Collier County contains an assemblage of ecosystems that, because of the variety and rarity of the species of plants and animals present, is unique in the United States. DUPLICATION OF EFFORT This ordinance does not duplicate existing regulations. Current regulations do require a set aside as noted above, however, they do not require that this set aside be the best natural habitat and they do not restrict the allowable activity to the degree necessary to protect and preserve the natural habitats. • FISCAL IMPACT The Habitat Protection Ordinance (HPO) will not require additional land to be set aside above and beyond the open space requirement of 60% residential and 30% commercial. Greater selectivity will be required in order to insure that the most ecologically sensitive land is preserved. In the past the area reserved, depending on its character, could potentially be used for landscaping, recreation, and stormwater management. Under this new ordinance landscaping and stormwater management may not be compatible uses as only passive non-destructive recreational uses will be allowed. If the developer was to have used the reserve area for landscaping or stormwater management systems, the developer will now have to set aside other portions of the parcel for these uses. In a worst case scenario, from the development perspective, where the entire site is native habitat, 35% would remain after the the preservation requirement was met -4- for the usua -open space uses or 5% in the case of commercial sites. In the preparc .ion of the documents that ...List be presented to the County it will be necessary to provide a map and a narrative addressing the selection of the area proposed to be set aside. A map and habitat description is already required on most projects. It is estimated that the additional effort to provide this information will usually not require more than a 5% additional work effort. There is expected to be no appreciable difference in processing time for County staff, however, the applicant may have the additional cost of recording a conservation easement. It should be noted that a conservation easement is already required for wetlands. Therefore if wetlands are not present, the conservation easement may represent a new cost through additional survey work, attorneys fees and recording fees. Typical fees are as follows: Attorney fees, Conservation easement $300 - $500; Survey costs $60 - $80 /hr. ; Recording fee $15. 70 (3 pages) . Removal of exotics is already required and once that is accomplished, maintenance should be relatively simple. -5- • COLLIER COIINTY HABITAT PROTECTION ORDINANCE ORDINANCE 93- - AN ORDINANCE ENACTED TO PROTECT AND PRESERVE CERTAIN NATIVE HABITATS IN COLLIER COUNTY INCLUDING DUNE AND STRAND, XERIC SCRUM, HARDWOOD HAMMLOCX, PINE FLATWOOD, DRY PRAIRIE, AND WETLANDS AND THE PROTECTED WILDLIFE SPECIES THEREIN; TO BE KNOWN AS THE COLLIER COUNTY HABITAT PROTECTION ORDINANCE; PROVIDING FOR SECTION 1 RECITALS; PROVIDING FOR SECTION 2 FINDINGS OF FACT; PROVIDING FOR SECTION 3 DEFINITIONS; PROVIDING FOR SECTION 4 SHORT TITLE AND CITATION; PROVIDING FOR SECTION 5 LEGISLATIVE AUTHORITY; PROVIDING FOR SECTION 6 PURPOSE AND INTENT; PROVIDING FOR SECTION 7 LOCATION OF HABITATS TO BE PRESERVED; PROVIDING FOR SECTION 8 PRESERVATION AREA AND PRESERVATION REQUIREMENT; PROVIDING FOR SECTION 9 DEVELOPMENT REVIEW PROCEDURES; PROVIDING FOR SECTION 10 NATIVE HABITAT IDENTIFICATION AND DELINEATION; PROVIDING FOR SECTION 11 NATIVE HABITAT ECOLOGICAL EVALUATION; PROVIDING FOR SECTION 12 CALCULATION OF PROPOSED PRESERVATION AREAS; PROVIDING FOR SECTION 13 MANAGEMENT PLAN; PROVIDING FOR SECTION 14 CONVEYANCE OF CONSERVATION AREA AND DEDICATION; PROVIDING FOR SECTION 15 ALLOWABLE ACTIVITIES IN PRESERVATION AREAS; PROVIDING FOR SECTION 16 EXEMPTIONS; PROVIDING FOR SECTION 17 EXPIRATION OF NATIVE HABITAT ANALYSIS; PROVIDING FOR SECTION 18 VIOLATIONS; PROVIDING FOR SECTION 19 PENALTIES; PROVIDING FOR SECTION 20 APPEAL FROM ENFORCEMENT; PROVIDING FOR SECTION 21 APPLICABILITY; PROVIDING FOR SECTION 22 INCLUSION IN THE LAND DEVELOPMENT CODE; PROVIDING FOR SECTION 23 CONFLICT AND SEVERABILITY; PROVIDING FOR SECTION 24 EFFECTIVE DATE. WHEREAS, Part II of Chapter 163, Florida Statutes, establishes the local Comprehensive Planning and Land Development Regulations Act providing Collier County with the authority and responsibility to comprehensively plan for future development and resource protection through land development regulations; and WHEREAS, pursuant to Section 163.3202, Florida Statutes, Collier County is required to adopt land development regulations which implement and are consistent with the conservation and coastal management elements of its adopted Comprehensive Plan, which was adopted by Collier County on January 10, 1989, and known as the Collier County Growth Management Plan; and WHEREAS, pursuant to Rules 9J-5.012 and 9J-5.013, Florida Administrative Code, Collier County is required to provide for coastal management and conservation of natural resources; and WHEREAS, Goal 1 of the Conservation and Coastal Management Element (CCM), Collier County Growth Management Plan (GNP) and its associated objectives and policies mandate that the County shall continue to plan for the protection, conservation, management and appropriate use of its natural resources; and WHEREAS, Objective 1.1, CCME, GMP, provides that by August 1, 1994, the County will complete the development and implementation of a comprehensive environmental management and conservation program that will ensure that the natural resources, including species of special status, of Collier County are properly, appropriately, and effectively identified, managed, and protected; and WHEREAS, Policy 1.1.7, CCME, GMP, provides that by August 1, 1994, the County will complete the phased preparation and adoption of all natural resources management and environmental protection standards and criteria needed for use in the Collier County land development review process; and WHEREAS, the Natural Resources Protection Program (NRPA) authorized and mandated by Policy 1.3.2, CCE, GMP, is a separate and distinct program from these regulations which are intended to protect specific, identified native habitats within individual development sites in conjunction with existing land development regulations; and WHEREAS, Goal 6, CCME, GMP, provides that the County shall identify, protect, conserve and appropriately use its native vegetative communities and wildlife habitat; and WHEREAS, Objective 6.1, CCME, GMP, provides that by August 1, 1992, the County will identify, define and prepare development standards and criteria for all important native County habitats; and WHEREAS, Policy 6.1.1, CCME, GMP, provides that by August 1, 1990, the County will inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species for intertidal and coastal strands, undeveloped coastal barriers, and xeric scrub habitats, with 2 criter.a for development and standards for land clearing in these habitat areas; and WHEREAS, Policy 6.1.2, COKE, GMP, provides that by August 1, 1991, the County will inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species, for marine, freshwater, and transitional zone wetlands, and hardwood hammocks; and WH/RIAS, Policy 6.1.3, COKE, GMP, provides that by August 1, 1992, the County will inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species, for pine flatwoods and dry prairie habitats; - and WHEREAS, Policy 6.1.4, CCME, GMP, provides that all other species associations that may be defined as a discrete habitat community will be considered for development criteria and standards for land clearing as part of the process identified by • Goal 6; and WHEREAS, Policy 6.1.5, COME, GMP, provides that native habitat protection criteria and standards shall be modified in the event that modification is appropriate as individual watershed management plans and Natural Resource Protection Areas are developed and adopted; and WHEREAS, Policy 6.1.6, CCME, GMP, provides that flexibility, in the form of area tradeoffs or mitigation, should be allowed in the determination of areas within and among developments to be preserved; and WHEREAS, Objective 6.4, COME, GMP, provides that a portion at each viable, naturally functioning non-wetland native habitat type shall be preserved or retained as appropriate; and WHLRZ.AS, Goal. 11, CC2CE, GMP, mandates that the County protect, conserve, manage, and appropriately use its coastal barriers including shorelines, beaches and dunes and to plan for, and where appropriate, to restrict activities where such activities will damage coastal resources; and - 3 - WHEREAS, specific la.-4 uses and activities contribute to the degradation of the natural resources of the County; and WHEREAS, the risk of degradation of the natural resources of the County will be reduced by regulating the development, land use, and activity within Collier County; and WHEREAS, the protection, conservation, management, and appropriate use of the County's native habitats and wildlife are mandated by state law And by the GMP and will be implemented through the adoption of land use prohibitions, regulations, and criteria deemed necessary to ensure the quality and quantity of present and future natural resources of the County; and WHEREAS, it is the intent of the Board of County Commissioners of Collier County, Florida, to directly advance these requirements and findings for the public health, safety, and welfare of the citizens of Collier County, and for the reasons set forth herein; and WHEREAS, it is the intent of the Board .of County Commissioners of Collier County, Florida, to implement the aforementioned provisions of the GNP through the adoption of this Habitat Protection Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTIOIt 1 RECITALS. The foregoing recitals are true and correct and are incorporated by reference herein. SECTION 2 FINDINGS OF TACT. The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of fact: 2.1 Native habitats serve as critical habitat for many protected and endemic species. 2.2 - A continuous, vegetated dune system serves as a buffer zone providing protection from storm waters for landward properties. Dunes also provide protection for upland properties sore effectively and at a lower cost than seawalls or bulkheads, by providing a higher measure of shoreline stability. - 4 - 2.3 Endangered and threatened specieu which utilize the dune and strand habitats include the loggerhead sea turtle, gopher tortoise, and the eastern indigo snake. 2.4 Xeric scrub serves as habitat for most of the endemic species in Florida as well as for many protected species, such as the Florida scrub jay and the gopher tortoise, along with its commensal burrow species including the eastern indigo snake and Florida gopher frog. 2.S Xeric scrub areas in Collier County are important aquifer recharge areas, as their soils have very low water-holding capacities and high permeability rates and - therefore act to reduce saltwater intrusion. 2.6 Hardwood hammocks have high species diversity and serve as habitat for many rare and protected species, including numerous species of epiphytes, the Florida tree snail (Liguus) and Florida panther. 2.7 Hardwood hammocks function as components of critical ecological corridors for animals such as the endangered Florida panther. 2.6 Tropical hardwood hammocks in Collier County commonly exist on prehistoric Indian shell mounds that have archaeological value. 2.9 Pine flatwoods provide habitat for many protected species, including the Dig Cypress fox squirrel, bald eagle, Bachman's sparrow, southeastern kestrel, and the red-cockaded woodpecker. 2.10 Dry prairies provide habitat for many protected species, including the crested caracara, burrowing owl, grasshopper sparrow, and Florida sandhill crane. 2.11 Pine flatwoods and dry prairies are open, large expanses • utilized for breeding and forage by wide-ranging protected animals such as the Florida panther and Florida black bear. 2.12 Wetlands in Collier County play important roles in storage and conveyance of flood and stormvaters, shoreline stabilization, story protection, production of fish and - 5 - shellfish, and maintenance of water quality. They prcvids habitat for listed plant and animal species, food chain support for a broad range of wildlife, outdoor recreation, and are aesthetically valuable. 2.11 Wetlands play critical roles in the protection of water quality, through sediment reduction, nutrient removal, and pollutant uptake. 2.14 Protected species utilizing wetlands include the American alligator, Florida panther, Florida black boar, Everglades mink, and a wide variety of avifauna, including the wood stork, white ibis, roseate spoonbill, osprey, eagles and various herons and egrets. 2.15 Native habitats within Collier County serve to enhance the overall quality of life, by supporting aesthetic and cultural values as well as educational and scientific opportunities to the citizens and visitors of Collier County. 2.14 Collier County contains an assemblage of ecosystems that, because of the variety and rarity of the species of plants and animals present, is unique in the United States. SECTION 3 DEFINITIONS Alteration of protected Eabitats shall mean human-caused ecological changes in natural landscapes including, but not limited to, placement of vehicles, structures, debris or any other material objects thereon, including introduction or, injection of water or other substance; and removal, displacement, introduction or disturbance of plant or animal species, soil, rock, minerals or water. Board of County Commissioners shall mean the Board of County Commissioners of Collier County, Florida. Coastal Sone shall mean all land seaward and west of approximately U.S. 41 north and south of U.S. 41 east within the coastal area. conservation shall mean the efficient and non destructive use of natural resources to ensure the continuation of their ability to support future generations. - 6 - County shall mean Collier County, Florida. Corridors shall mean areas of native habitat, connecting larger natural habitat areas, and thereby allowing the movement of species and/or gene flow between the larger natural habitat areas. Dune and Strand shall mean the vegetative communities which occupy the area from the active beachfront to inner-bay mangrove forests, or to non-salt tolerant vegetative communities. Vascular plant species that are dominant and indicative occurring in this type of habitat include*: flaccharis ancustifolie, paesaloinia bonduc, Qakila edentula, Cakilt lanceolate, Canavalia rosea (maritimal, Casuarina spp., Qenchrue jncertus, Chamaesvice yesembrvanthemifolium, Coccoloba uvifera, Croton punctatus, pistichlis boicata, 1rnodea littoralis. Forestiera jegrecatt, Felianthus Jiibiscus tiliaceus, jivmenocallis latifolia, jpomoee pes-caprae, Iya imbricate, Limonium carolinianum, Lvcium parolinianum, (entzelia floridana, Fonanthochloe littoralia, Wvrica cerifera, peotunia pubescens, Qenothert pumifusa, Qvuntia spp., panicum Jumplum, Pasoalum distichun, Fhabdadenia biflora, ,cabal, palmetto, $caevola plumieri, Scaevola iericea, Serenoa repens, Sesuvium portulacastrua, §oohora tomentosa, §parting patens, ,Sporobolus virainicus, Suriana iaritima, Thespesia populnea, oniola paniculatt, Verbesina virainica, and yucca Dloifolia. * Austin, D.F. October, 1991. letter: indicator species lists for Collier County habitats. Dry Prairie shall mean a flat-land with sand substrate, seldom flooded dry wand areas with annual or frequent fire and vegetation characterized by mixed grasses and herbs, wire- grass, saw palmetto, and other low shrubs. These largely treeless areas are similar to pine flatwoods, however trees are absent or widely dispersed with no solid or continuous canopy. Vascular plant species that are dominant and indicative occurring in this type of habitat include*: pmvelopsis arbores, ?ndroeogon alomeratus, j.ndr000aom virainicus, ?.ristida affinis, - 7 - Aristide purnurascens, ?ristidt Etricta, Pristida sniciformis, bsimine reticulata, Daccharit halimifolii, yefaria racemose, plechnum aerrulatum, yumelia reclinatt, yumelia Callicarpa americana, Iassytha Iiliformia, Chiococca parvifolia, yhrysobalanus jcaco, Cladium iamaicenst, Coreonsis leaven+orthii, Crotalaria pumila, protalaria rotundifolia, ylevhantopus Alatua, yncyclia tamoensi¢, yracrostis mlliottii, yraarostim pectinacea, yriocaulon gecangulara, Er ngiu, icu , yuloohia Alta, luthamia minor, yicus murex, galactea prostrate, Jiarrisella Iiliformis, Meliotropiva polyphyllua, HvDerjc hvvericoidem, Kvpericum tetrapetalum, gvntis plata, IlAm cassine, fl glabra, • ,antana camas, j,icanie michauxii, yyonia Ierruginea, Lvonia Iruticosa, Lvonia lucida, Horus rubra, xuhlenberoia paaillaris, myrica cerifera, Hyrsine auianensis, parthenocissus auinquefolia, phlebodiu; aureum, piloblephis rigida, pityopsis araminifolia, polvgala incarnate, polvgala ruaelii, polvconella polvoama, psychotrie nervosa, pteridium aauilinum, Pterocaulon pvcnostachyum, phus copallina, Sabatia previfolia, $abatis , Samolus sbracteatus, ycooarie gulcis, Eerenaa repens, Smilax auriculata, Smilax laurifolia, ytillincia aauatica, §tioulicide setacea, Tillandsia balbisiana, Tillandsia Iasciculata, T'illandsie Ilexuosa, Tillandsia paucifolia, Tillandsia recurvatt, Tillandsia setacea, Tillandsia ysneoides, Tillandsia ytriculata, Toxicodendron radicans, Vaccinium mvrsinites, Verbesina vircinica, yitj¢ aestivalis, Vitis munsoniana, Vitis yhuttleworthii, $oris iunicai, and ximenia americana. • Austin, D.T. January, 1991. letter: ' indicator species lists for Collier County habitats. Equivalent substitution shall mean the number of acres of a lover valued habitat substituted for higher valued habitat, based on the ratio of the ecological values and calculated as: E.S. - yl X al Where Al - acreage of higher valued E2 native habitat. El - total relative ecological value of higher ranked habitat, as - 8 - computed by the method provided in Section 11 herein. E2 - total relative ecological value of lower ranked habitat, as computed by the method provided in Section 11 herein. E.S. gm equivalent substitution expressed in acres. Exotic Plant Species or Exotic: vegetation shall mean any of the following plant species (the entire plant, or any part thereof, including seeds): Australian pine (Casuarina .Epp.), melalsuca Epp.), Brazilian pepper achinus terebinthifolius), earleaf acacia (Acacia Euriculiformis), catclav mimosa (jamas& g gra), Java plum (,ayzvgigm cumini), downy rosemyrtle - (phodomvrtus tomentosus), and women's tongue (Albizia lebbeck). Also, a plant species which is not indigenous to the geographic area under consideration as determined by the natural range of the plant species. ZLUCCS shall mean the Florida Land Use, Cover and Forms Classification System, produced by the Thematic Mapping Section of the Florida Department of Transportation's State Topographic Bureau (2nd edition, September, 1985) . Habitat shall mean a place where an animal or plant normally lives, often characterized by a dominant plant form or physical characteristic. Habitats may consist of one or a combination of biologically, hydrologically or geologically delineated areal units which ars usually occupied by a characteristic species specific fauna and flora. Hardwood Hammock shall mean hardwood and pals forests and shall include Tropical Hardwood Hammocks, Live Oak Hammocks, Hydric Hardwood Hammocks and Cabbage Palm Hammocks, usually dominated by broad-leaved evergreen tress and limited to relatively small areas, growing on high upland to seasonally flooded soils and containing a great variety of south temperate to tropical species. Vascular plant species that are dominant or indicative occurring in this type of habitat include*: Agave. deciniens, - 9 - • • Ardisia pscallonioides, Dumelia celastrina, Dumelia reclinata, Dumelia palicitolia, Dumelia tufa, Dursera pimaruba, Cavparis pvnoDhallophora, Capparis Zlexuosa, CardiosDermua ml , Carica Dauava, Celtis jouanaea, Cereus pentagonua, Cheilanthea iicrouhylla, Chiococca alba, Chrvsobalanua jcaco, Chrysovhvllua olky formg, Cissua sicvoidea, Cissus trifoliata, Coccoloba aiversifolia, Cocos, Ducifera, Dalberiia jissoo, Dalbergia ecastophyllua, Dncyclia tamlensia, $rvthrina herbacea, Dugenia Dxillaris, Dugenia loetida, jicus puree, Ficus pitrifolia, • Cassypipa hirsutua, Amelia =rim Deliotropium curassavicum, ZDomoea alho, Ipomoea jndica, -1,ycium • carolinianum, rancifera indica, $astichodendron Zoetidissimum, )iomordica charantia, rorilda royoc, Hyrcianthes Zraarana, fyrsina Zloridana, pectandra poriacea, passiflora suberosa, persea Dorbonia, petiveria jlliacea, phlebodium pureum, piscidia piscipula, pisonia aculeate, pithecellobiva keyense, pithecellobium unguis-cats, polypodiva polypodioides, pouteria pammechiana, psidium cuala_ya, psvchotria nervosa, psvchotria julzneri, Ouercus geminata, Ouercua virginiana, pandit Dculeata, Dabel palmetto, Dansevieria bvacinthoides, Dauindus saponaria, Dchoepfia chrvsoDhvlloides, Dtachvtarphett jamaicensis, Tamarindus indict, Tillandsia palbisiana, Tillandsia Zasciculata, Tillandsia Zlexuost, Tillandsia paucifolia, Tillandsia recurvata, Tillandsia setacea, Tillandsia psneoides, Tillandsia utriculata, Toxicodendron radicans, Trema micrantha, Vitis pestivalis, Vitis munsoniana, Vitis,shuttleworthii, Vittarit lineatt, )cisenia americana, Yucca Zilamentosa, and Zanthoxylum Zagara. * Austin, D.F. October, 1991. letter: indicator species lists for Collier County habitats. Listed Species shall mean any plant or animal species classified as endangered, threatened, or as a species of special concern by • the .0.S. Fish and Wildlife Service (OSFWS), Florida Game and Freshwater Fish Commission (FGFWFC), Convention on international Trade in Endangered Species of Flora and Fauna (CITES), or as listed in the current FGFWPC "Official Lists of Endangered and - 10 - computed by the method provided in Section 11 herein. E2 go total relative ecological value of lower ranked habitat, as computed by the method provided in Section 11 herein. E.S. a equivalent substitution sxprassed in acres. Exotic Plant species or Exotic Vegetation shall mean any of the following plant species (the entire plant, or any part thereof, including seeds): Australian pins (Casuarina .app.), melaleuca (Melaleuca spp.), Brazilian pepper (Echinus terebinthifolius), earlsaf acacia (Acacia ;uriculiformis), catclaw mimosa (Kimosa picra), Java plum (Syzvcium cumini), downy rosemyrtle - (ghodonvrtus tonentosut), and women's tongue (albizia lebbeck). Also, a plant species which is not indigenous to the geographic area under consideration as determined by the natural range of the plant species. YLUCCS shall mean the Florida Land Use, Cover and Forms Classification System, produced by the Thematic Mapping Section of the Florida Department of Transportation's State Topographic Bureau (2nd edition, September, 1985) . Habitat shall mean a place where an animal or plant normally lives, often characterized by a dominant plant form or physical characteristic. Habitats may consist of one or a combination of biologically, hydrologically or geologically delineated areal units which are usually occupied by a characteristic species specific fauna and flora. Hardwood Hammock shall mean hardwood and palm forests and shall include Tropical Hardwood Hammocks, Live Oak Hammocks, Hydric Hardwood Hammocks and Cabbage Palm Hammocks, usually dominated by broad-leaved evergreen trees and limited to relatively small areas, growing on high upland to seasonally flooded soils and containing a great variety of south temperate to tropical species. Vascular plant species that are dominant or indicative occurring in this typo of habitat include*: agave decipiens, - 9 - Potentially Endangered Fauna and Flora in Florida," and as subsequently revised. Xative Xabitats shall mean, for the purposes of this ordinance, those habitats identified herein, including: Dune and Strand, Xeric Scrub, Tropical Hardwood Hammock, Hardwood Hammock, Pine Flatwoods, Dry Prairie, and Wetlands. Watural Aesouros Protection Area (xRPA) shall mean portions of the County that have been identified and adopted by the Board of County Commissioners as areas having one or more critical ecological functions that require some additional measure of protection and/or enhancement. • Pine PIatroods shall mean open stands of pines with grasses and low shrubs forming the ground cover; and growing on many types of soils and topography. Vascular plant species that are dominant or indicative occurring in this type of habitat include*: rmoelopsis /rborea, ndr000gor1 glomeratus, ?►ristida Affinis, ?simina reticulate, Daccharis halimifolia, hefaria racemose, Dlechnum serrvlatva, Dumelia reclinata, Dumelia tenax, Qallicarpa Americana, Qassvtha /iliformis, Chiococce parvifolia, Chrvsobalanus jcaco, Cladl m lamaicense, Coreopsis leavenworthii, Crotalaria pumila, Crotalaria rotundifolia, Ilemhantomus elatus, Zncvclia tampensis, Driocaulon decanaulare, Lamgiu= Aromaticum, yulophia AlIA, Euthamia minor, Ficus /urea, Qalactea prostrate, $arrisella Ziliformis, Deliotrooium polvvhyllym, gypericum hvvericoides, Hvtericum tetraoetalum, pyvtia alata, IlAm passine, Iiia alabra, Lantana camara, Licania michauxii, Lvonia Zerruginea, Lvonia Zruticosa, Lvonia lucida, }torus rubra, Myrica gerifera, auianensis, parthenocissus cuinquefolia, persea yorbonia, phlebodium aureum, pilobleohis riaida, pinus elliottii, pitvoosis araminifolia, polyaala jncarnate, polvaala ruaelii, polvgonella polvaama, psychotria nervosa, pteridium aauilinum, pterocaulon Dycnostachvum, Quercus chaomanii, Ouercus geminate, Quercus laurifolia, Quercus mid/, Ouercus yyrtifolia, ¢cercus virainiana, thus, copallina, gabal palmetto, Sabatia previfolia, - 11 - f� $abatis yrandiflora, Eamolua ebracteatus, ficoraria Qulcis, Sereno' repens, BmilAK Auriculata, Emil* laurifolia, fitillinaia Ativatica, Etioulicida getacea, Taxodium distichu , Tillandsia ° balbisiana, Tillandsia Zasciculata, Tillandsia 1lexuosa, Tillandsia Daucifolia, Tillandsia recurvata, Tillandsia Aetacea, Tillandsia ysneoides, Tillandsia utriculata, Toxicodendron radicans, Vaccinia myrsinites, Verbesina virginica, Vitis Aestivalis, Vitis mdnsoniana, Vitis ghuttleworthii, Xvria iuoicai, and Ximenia Americana. • Austin, D.F. January, 1991. letter: indicator species lists for Collier County habitats. Preservation shall mean perpetual maintenance of areas in their native state because of their intrinsic ecological and environmental values and functions. Preservation Area shall mean a parcel having significant ecological values and functions containing a native habitat, either wetland or upland, or a listed species as defined herein, which shall be set aside as required by this Ordinance and shall be subject to a limited development compatible with conservation and preservation of the natural resources therein. Preservation Requirement shall mean twenty-five percent (25%) of the native habitat(s) existing on site, or -when dune and strand, xeric scrub or tropical hardwood hammock is present fifty percent of the habitat to be set aside in a Preservation Area. Qualified Biologist shall mean a person with academic credentials of a Bachelor of Science or higher degree in one of the biological sciences. If substituting experience for academic credentials, experience shall reflect at least three (3) years, two (2) years of which shall be in the State of Florida, of ecological or biological professional experience. • Restoration shall mean those actions required to re-establish or enhance an ecological system. Species of Special Status or Concern shall mean species that do not clearly fit into the categories endangered, threatened, or rare yet warrant special attention. - 12 - Species of special status are defined as species listed in the current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida", published by the Florida Game and Fresh Water Fish Commission Wetlands shall mean: 1. a general term referring to a configuration of diverse ecosystems that are periodically inundated with fresh and/or salt vitas; those areas where the water level is at, near, or above the land surface for a significant part of most years; 2. areas where water is present on an annual, seasonal, or periodic basis and where the water regime, or hydrology, is the dominant factor determining the existing assemblage of plants and animals. Generally, wetlands have shallow water or saturated soil during part of the year, all accumulate organic plant material, and all support a variety of plants. 3. all submerged land; 4. lands that are transitional between terrestrial and aquatic systems where the water table is periodically above, at, or near the surface of the land. This includes, a. forests dominated by mangroves (ghizcohora Wangle, Avicennia cerminans, Conocarpus erectus, and/or laauncularia racemose), b. any forested or non-forested systems dominated by a vet prairie or marsh understory, c. hydric hardwood hammocks dominated by maple (Acer ruby m), bay (Persea spp.), and sweet bay (Kagnolia virciniana), d. lands containing hydric soils and, e. salt terns and salt barrens; S. For regulatory purposes, the Board of County Commissioners has determined that the most recent definition of "wetland(s)" as employed by the Florida Department of - 13 - Environmental Regulation shall take precedence. Xerio Scrub shall be defined as a drought-tolerant, low shrub community, dominated by a layer of evergreen (or nearly evergreen) oaks, or rosemary, or both; with or vithout a pins (sand or slash) overstory. Ground cover is low, consisting of spares herbs, tufted grasses, lichens, and spike moss. Unvegetated sandy areas (white "sugar sand"), or bare areas colonized by a lichen layer are common. Vascular plant species that are dominant or indicative occurring in this type of habitat includes: Aaalinis eetacea, Androvogon glomeratus, Andropoaon virainicus, Aristide avrans, - Aristide janosa, Aristide Eoiclformis, Aristide 'Arleta, Asclepias purtissii, Asclevias ?eayi, Asclevias pedicellate, Asimina reticulata, palduina ancustifolia, Befaria racemose, gothriochloa pertusa, pulbostylis ciliatifolia, Dumelie trSiax, Callicarva americana, Carvhephorus corvnbosus, Cassia chamaecrista, Cassytha siliformis, Ceratiola ericoides, Chamaesyce pumulicola, dhrvsoosis acabrella, pladonia spp., Clitoris fragrans, Cnidoscolus . btimulosus, commelina erecta, crotalaria rotundifolia, Croton alandulosus, puthbertia grnata, pales pinnate, pichanthelium aciculare, pichanthelium sabulorum, piodia teres, rlephantouus elatus, pncvclia tamvensis, $aarostis elliottii, prvngium aromaticum, thrina j:erbacea, guphorbia polyvhvlla, 7imbristylis puberula, proelichia floridana, dalactia elliottii, Qalactia reaularis, galactic volubilis, yratiola pisvida, gedyotis piaricans, jielianthemum pellet, Helianthemum rashii, jieliotropium polvvhvllum, geterothecc eubaxillaris, jivmericum pumulicola, gyvoxie 1uncea, flex vlabra, Lachnocaulon anceos, Lechee pernue, Lechea divaricAta, Lechea eessiliflora, Lechea torreyi, Liatris phaomanii, Liatris tenuifolia, Licanie pichauxii, Lupinus diffusus, Lycodesmia aphvlla, Lvonia jruticosa, Konotropa uniflore, palafoxia geayi, palafoxia jntegrifolia, paronvchia americana, piloblenhis riaida, pinus clause, pinus elliottii, pitvopsis graminifolia, polanisia tenuifolia, polygala pans, polyaala getacea, polvconells - 14 - A polvcama, polypremum procumbens, Pterocau1o0 vircatum, pteroelossapsis ecristata, Quercus phatimanii, Quercus geminate, Quercus laevis, Quercus mi a, Quercus 3lyrtifolia, ghvnchosia michauxii, ghvnchospora Intermedia, Rhynchospora mevalocarna, Scleria verticillate, Selaainella prenicola, $erenoa recent, Eevmeria pectinate, Sorchastrum mecundum, Etipulicida yetacea, Stylisma pbdita. Svnconanthus tlavidulus, Teahrosia sp., Tillandsie �albisiana,. Tillandsia Zasciculata, Tillandsia flexuosa, Tillandsie paucifolia, Tillandsia pruinosa, Tillandsia recurvata, Tillandsia usneoides, Tillandsia utriculata, Trichostema dichotomum, Triplasis purourea, Vaccinum myrsinites, Vitis munsoniana, Xvris caroliniana, and Yucca Zilamentosa. Austin, D.F. October, 1991. letter: indicator species lists for Collier County habitats. In addition to the foregoing, all definitions contained in the Collier County Land Development Code and the Collier County Growth Management Plan are applicable to this ordinance and are hereby incorporated by reference as if fully set forth herein. SECTION 4 SHORT TITLE AND CITATION. This Ordinance shall be known as, the "Collier County Habitat Protection Ordinance", and shall be referred to herein as the "Ordinance.• SECTION 5 LEGISLATIVE AUTHORITY. The Board of County Commissioners of Collier County, Florida, has the authority to adopt this Habitat Protection Ordinance pursuant to the Conservation and Coastal •Management Element of the Collier County Growth Management Plan; Article VIII, Sec. 1(f), Florida Constitution; Section 125.01, et seq., Florida Statutes; Section 163.3177, Florida Statutes; Section 163.3178, Florida Statutes; Section 163.3202, Florida Statutes; Rule 9J-5.012, Florida Administrative Code; Rule 9J-5.013, Florida Administrative Code; and other such laws, rules, regulations or orders as provided in the statutory and common law of the State of Florida. 15 - SECTION 6 POR.POSZ AND INTENT. The purpose of this Ordinance is to manage and conserve the native habitats and associated species in Collier County, through the identification, evaluation, protection, conservation, and appropriate use of native vegetative communities and wildlife habitats. The purpose of this Ordinance is to establish standards, regulations and procedures for the review and approval of proposed developmennt within Collier County such that implementation of this Ordinance will provide for the long term protection of the County's native habitats and wildlife. This Ordinance establishes standards to protect the integrity of native habitats within individual development sites. These standards, regulations and procedures shall be implemented to preserve and protect and appropriately manage the native habitats of the County including dune and strand, xeric scrub, hardwood hammock, pine flatwoods, dry prairie, wetlands, and the protected wildlife species found therein in order to reduce or eliminate the potential for negative environmental impacts to these native habitats and wildlife from specified land uses and activities. The intent of this Ordinance is to preserve the largest contiguous areas of native habitat, and to link adjacent native habitats throughout the County wherever possible. The intent is also to recognize that landscaping alone does not function as adequate habitat protection. Therefore, protected areas shall be established to preserve the highest quality habitats in Collier County. It is not the intent of this ordinance to require a greater percentage of land to be preserved than is currently required pursuant to Sec. 2.6.32, Collier County Land Development Code (LDC) except in the case of extremely rare native habitats such as dune and strand, xeric scrub and tropical hardwood hammocks. Rather, these regulations, where applicable, shall require greater selectivity in the location, use and allowable activities within preservation areas than current standards permit. - 16 - f^ It is the intent of the Board of County Commissioners of Collier County, Florida that this Ordinance implement and be consistent with the Collier County Growth Management Plan (GMP) and in particular the Conservation and Coastal Management Element of the GMP. SECTION 7 LOCATION OF NATIVE JABITATS TO B1 PRESERVED Native habitats located in the following areas of unincorporated Collier County shall be preserved and protected in accordance with the terms of this Ordinance: 1. All sites seaward of the Coastal Management Boundary as depicted on the Future Land' Use Map, Collier County Growth Management Plan, that are two and one half (2.5) or more acres in size. 2. All sites landward of the Coastal Management Boundary that are twenty (20) or more acres in size, except for land zoned Rural Agricultural (A) or engaged in bona fide agricultural uses for which an Agricultural Clearing Permit or exemption has been issued in accordance with Sec. 3.9.6.5, LDC. 3. All sites rezoned from Rural Agricultural (A) zoning designation that are ten (10) or more acres in size, at the time of rezone from the Rural Agricultural (A) zoning district to another zoning designation. 4. All sites of any size, in any zoning district where dune and strand, xeric scrub, and tropical hardwood hammock habitats are present. RECTION i PRESERVATION AREA AND PRESERVATION REQUIREMENT For real property meeting the thresholds provided in Section 7, a Preservation Requirement of twenty-five percent (25%) of the native habitat(s) or when dune and strand, xeric scrub, or tropical hardwood hammock habitat is present fifty percent (50%) of the habitat present on site shall be placed in a Preservation Area. In the event that the native habitat with the highest total relative ecological value as determined by the native habitat ecological evaluation contained in Section 11 herein does - 17 - not meet the Preservation Requirement, a Preservation Area shall be calculated pursuant to the provisions of Section 12 below. The Preservation Area shall be shown on the preliminary subdivision plat and on all final plats in accordance with Sec. 3.2.8.4.7 (3), LDC, and shall be dedicated; or the Preservation Area shall be conveyed by a perpetual conservation easement; or title to the Preservation Area may be transferred to a public entity or a not-for-profit conservation organization as provided herein. A. Platting Required. If platting is required, the Preservation Area shall be depicted as follows. The Preservation Area shall be illustrated on a preliminary subdivision plat when subdividing. The Preservation Area shall be illustrated on all final subdivision plats by mates and bounds description and shall be dedicated by appropriate language on the face of the subdivision plat. Said dedication of the Preservation Area shall be made to the County or to another entity, as appropriate, in accordance with the provisions of Section 14 herein. I. Platting Not Required. If platting is not required, the Preservation Area shall be depicted as a conservation easement on the preliminary SDP and on any final SDP for the subject development. Conveyance of the conservation easement shall be made to the County or to another entity, as appropriate, in accordance with the provisions of Section 14 herein. C. Single-Waxily or Duplex Developaent. Where the provisions of this ordinance apply to single family home or duplex development, the landowner shall convey the Preservation Area by a perpetual conservation easement at the time a building permit is issued. Said conveyance of the conservation easement shall be made to the County or to another entity, as appropriate, in accordance with the provisions of Section 14 herein. D. Waiver of Conservation Lament. The requirement for conveying and recording a conservation easement may be waived when a deed containing protective covenants is recorded which transfers all interest in the Preservation Area to a public - 18 - entity or a private not-for-profit conservation organization approved by the Board of County Commissioners. Z. Open Space Requirement. The Preservation Area may be used toward satisfaction of the usable open space requirement of Sec. 2.2.20.3.5 and Sec. 2.6.32, LDC, however, in no event shall the Preservation Area be used for any activity other than those specified in Section 15 herein. T. Wetlands. Where a. project has included preservation of wetlands habitat claimed as jurisdictional by federal, Regional, State, and/or Local agencies which exceeds the Preservation Requirement as required by Section 8 and defined herein, this ordinance shall not be construed to require a larger percentage of native habitat to be preserved than the requisite Preservation Requirement. However, this ordinance shall not be interpreted to allow development in wetlands, should wetlands alone constitute an area of the site greater than the required Preservation Requirement. In the event of a conflict between the county and a state or federal jurisdictional agency, the County shall coordinate with those agencies with regard to the preservation of the wetland area. SECTION i DEVELOPMENT REVIEW PROCEDURES A. Pre-application meeting. A mandatory pre-application meeting shall be conducted by the Site Development Review Director, or his designee. This meeting may be held simultaneously with the pre-application meeting required by Sec. 3.2.6.1, LDC, and by Sec. 3.3.5, LDC. At such meeting the applicant shall be advised, among other requirements, that a Native Habitat Analysis shall precede other County review. S. Native Eabitat Analysis. As part of an application for site alteration or site development plan, rezone, conditional use or preliminary subdivision plat, building permit or any development order as defined in Div. 6.3, LDC, the applicant shall prepare and submit a Native Habitat Analysis for review and approval. The Native Habitat Analysis shall be prepared by a qualified environmental professional as described in Sec. 3.8.4, - 19 - LDC, or by a qualified biologist as defined herein. The Native Habitat Analysis shall contain the following components: 1. If an EIS is required, all information required pursuant to Div. 3.8.5, LDC. 2. Identification and delineation on a FLuCCS vegetation map of each type and occurrence of native habitat existing on site and description of methodology in accordance with Section 10 herein and Appendix A Native Habitat Identification Methodology. 3. Completion of a listed species biological survey which shall follow the standards and-criteria adopted by the Florida Game and Freshwater Fish Commission's Wildlife Survey Methodology Guidelines (1988) as may be subsequently revised. 4. Native Habitat Ecological Evaluation performed in accordance with Section 11 herein, including calculation of total relative ecological values and depiction of such values on FIACCS vegetation map. 5. Ranking of each type and occurrence of native habitat present on site in accordance with Section 11 C including a table depicting the rank and total relative ecological value of each native habitat on site. 6. Calculation of Preservation Area, in accordance with Section 12 herein. 7. Preservation Area Management Plan in accordance with Section 13 herein. 8. Depiction, including a legal description, of proposed Preservation Area to be conveyed as conservation easement or dedicated pursuant to Section 14 herein. C. County Review of Native Habitat Analysis. Collier County Project Plan Review staff shall review the Native Habitat Analysis, including all required components pursuant to Section 9 S, submitted by an applicant for compliance with the provisions of Section 7, Section 8, Section 9, Section 10, Section 11, Section 12, Section 13, and Section 14 of this - 20 - F� Ordinance. The Native Habitat Analysis shall be reviewed simultaneously with preliminary subdivision or preliminary site development plan submissions or simultaneously with application for any other development order. D. County Approval of Native Habitat Analysis. Collier County Project Plan Review staff shall recommend approval or denial of the Native Habitat Analysis. The recommendation shall be in writing. In the event of deficiencies in any required component of the Native Habitat Analysis or where the applicant and staff cannot agree on a Preservation Area, staff shall recommend denial of the Native Habitat Analysis. A denial shall be in writing and shall state reasons for said denial. Appeal of a recommendation of denial shall be taken to the Board of Zoning Appeals in accordance with Div. 5.3, LDC. Approval of the Native Habitat Analysis shall be required prior to issuance of any development order for the subject property. SECTION 10 NATIVE HABITAT IDENTIFICATION AND DELINEATION Each type of native habitat or separate incidence of a native habitat protected by this Ordinance including Dune and Strand, Xeric Scrub, Tropical Hardwood Hammock, Hardwood Hammock, Pine Flatwoods, Dry Prairie, and Wetlands habitats shall be identified as existing on site in accordance with the Native Habitat Identification Methodology found in Appendix A and, as defined in Section 3 herein. 1. The entire site shall be depicted on a FLUCCS vegetation map with each type and each occurrence of native habitat existing on site clearly identified and delineated. • 2. The methodology used to identify the native habitats shall be described in detail and attached to the map as an appendix. 3. The map and appendix shall be submitted to and reviewed by staff as part of the Native Habitat Analysis. SECTION 11 NATIVE HABITAT ECOLOGICAL EVALUATION The Native Habitat Ecological Evaluation is an assessment of 21 - • the relative ecological value of each type of native habitat present on a site. Relative ecological value of a specified habitat shall be determined by assigning a numeric value to the habitat for each criterion listed below. Native habitats on site will be ranked according to total relative ecological value. A. Relative Ecological Value Criteria The following five criteria, listed in descending order of importance, shall be utilized to assess the relative ecological value of specific delineated native habitats within a project site: Criterion 1 RARITY of habitat: Rarity of habitat type in Collier County is based on Florida Game and Freshwater Fish Commission (FGFWFC) 1991 Landsat acreages, or any supplemental data or information thereto. The rarest habitat types shall be given the highest priority for preservation. Once the native habitats on site are identified on a FLUCCS vegetation map in accordance with Section 10, the following values shall be assigned for each occurrence of native habitats on sits as delineated on the FLUCCS vegetation map. Relative Zoological EADITAT TYPE; Value: Xeric Scrub 500 Dune and Strand 400 Tropical Hardwood Hammock 400 Hardwood Hammock 100 Dry Prairie 50 Pine Flatwoods SO • Wetlands 25 Criterion 2 LISTED SPECIES present For each type and each occurrence of native habitat • present on site and delineated on the FLUCCS vegetation sap, one of the following values shall be assigned: Relative Zcolocical Values: The habitat is known by study or confirmed sighting to support one or more listed species, or, the habitat exhibits - 22 - visible eviaence of the presence of listed species, including, for example, burrows, nests, tracks, scat. VALUE 400 The habitat falls within the review zone of one or more listed species, and: 1) that habitat is appropriate for supporting the species; or 2) disturbance of that habitat will imperil the species. VALUE 100 The habitat meets vegetative, size and other life history requirements to serve as a probable habitat for one or more listed species. (Appropriate scientific literature shall be referenced in order to make this determination.) VALUE S0 • Criterion 3 LOCATION of native habitat with respect to adjacent natural areas or land uses: For each type and each occurrence of native habitat present on site and delineated on a FLUCCS vegetation map, one of the following values shall be assigned. gelatine Lcoloeical Values: The habitat is adjacent to or contiguous with designated and/or functional, including but not limited to the following: riverine, wildlife travel corridors. If the delineated habitat area is greater than the amount required for preservation, or, if the delineated habitat is adjacent to significant ecotonal areas, then the greatest amount of the delineated habitat area contiguous to the existing corridor shall receive primary consideration for preservation. VALUE 300 The habitat is adjacent to or • contiguous with protected native habitats other than corridors, such as preservation or conservation areas or easements, or NRPA's (Natural Resource Protection Areas) . VALUE 100 The habitat is not adjacent to protected native habitats, but is adjacent to functioning, non-protected native habitats. VALUE 75 The habitat is not adjacent to protected and/or other functioning native habitats, but is adjacent to areas where existing use has minimum environmental impact, such as silviculture and grazing activities and some forms of recreation activities, where such activities have altered the natural functioning of the native habitat. VALUE S0 The habitat is not adjacent to functioning native habitats or areas where existing use has minimum environmental impact, but is adjacent to disturbed areas, including areas invaded by exotic plant species, and/or areas utilized for agriculture other than silviculture or grazing. VALUE 25 The habitat is surrounded by urbanized or developed areas. VALUE 0 • - 23 - Criterion 4 CONDITION of native habitat with respect to prior alteration or distnrbanos: For each type and each occurrence of native habitat present on sits and delineated on a FLUCCS map, one of the following values shall be assigned. relative Zoological Values: The habitat is undisturbed, or has recovered from prior disturbance or alteration. VALUE 200 The habitat shows'•evidence of past minor alteration or disturbance, but the restoration potential is good. VALDE SO The habitat shows evidence of past major alteration or disturbance with loss of function, but the restoration potential is fair. VALUE 25 The area in question is developed or barren, but the restoration potential is poor. VALUE 0 Criterion S SIZE of native habitat in acres: For each type and each occurrence of native habitat present on site and delineated on a FLUCCS vegetation map, one of the following values shall be assigned: relative Zoological coastal Zone All other areas Value: If the habitat is > 10 acres > 50 acres 100 2-10 acres 10-50 acres 75 0.5-2 acres 0.5-10 acres SO < 0.5 acres < 0.5 acres 25 B. Total Relative Ecological Value Each type and each occurrence of native habitat on site, identified and delineated on the FLUCCS vegetation map in accordance with Section 10 herein, shall be evaluated with regard to the five foregoing criteria. The relative ecological value assigned to each delineated native habitat on sits for each of the five criteria shall be added together for a total relative ecological value. For each type and each occurrence of native habitat on sits that is identified and delineated on a FLUCCS vegetation map in accordance with Section 10 herein, the total relative ecological value for each habitat shall be clearly - 24 - indicated on a FLUCCS vegetation sap. This map may be the same map used for Section 10 Native Habitat Identification and Delineation and shall be submitted to and reviewed by staff as part of the Native Habitat Analysis. . C. Ranking of Dative Habitats The native habitats shall be ranked according to total relative ecological value. The habitat having the highest total relative ecological valve shall have the highest ranking and the habitat with the lowest total relative ecological value shall have the lowest ranking. The total relative ecological value and the rank of each type and each occurrence of native habitat identified on site shall be shown on a table which shall be submitted to and reviewed by staff as part of the Native Habitat Analysis. The highest ranked native habitat shall be set aside in a Preservation Area as required by Section 8 herein. In the event that the highest ranked native habitat is not large enough tc meet the Preservation Requirement as required by Section 8 and defined herein, additional native habitat shall be calculated in accordance with Section 12 for inclusion in the Preservation Area. SECTION 12 =MATZOS ATZOS 07 PROPOSED PRESERVATI0N AREA The applicant shall present a proposed Preservation Area in accordance with the requirements of Section 8. The preferred areas for preservation are those native habitats with the highest total relative ecological value calculated pursuant to Section 11 herein. When the Preservation Requirement cannot be satisfied with the highest ranked native habitat, then the next highest ranked native habitat may also be used to meet the Preservation Requirement; this process shall continue by placing each succeeding next highest ranked habitat within the proposed Preservation Area until the Preservation Requirement is met. Where the highest ranked native habitats are not contiguous but are dispersed throughout the parcel, or, where the highest ranked native habitats are interspersed with lower ranked • - 25 - habitats throughout the parcel, the applicant shall propose a configuration of native habitat for inclusion in the Preservation Area that maximizes the use of the highest ranked native habitats and minimizes the use of lowest ranked native habitats. This may include use of lower ranked native habitats to link higher ranked native habitats together for inclusion in the Preservation Area. In the event that a native habitat with a lover ranking is proposed to be set aside for inclusion in the Preservation Area in order to link the highest ranked native habitats together, equivalent substitution, as defined in Section 3 herein, shall be applicable to calculate the total proposed Preservation Area. SECTION 13 A J AGEX{LNT PLAN A management plan for the Preservation Area shall be required and shall be submitted to and reviewed by staff as a component of the Native Habitat Analysis in accordance with Section 9 herein. The purpose of the management plan is to ensure preservation and conservation, as defined herein, of the Preservation Area and to ensure that activities within the Preservation Area are consistent with the intent and purpose of this ordinance and in compliance with Section 15 herein. The Preservation Area Management Plan shall address measures to be taken for, maintenance of the particular habitat type(s) preserved, including the party with responsibility for maintenance of the Preservation Area. The Preservation Area Management Plan shall also include, at a minimum, the following components: 1. An exotic vegetation removal and management plan in accordance with Sec. 3.9.6.6.5, LDC. 2. A management plan for listed species in accordance with Sec. 3.11.3, LDC. 3. The entity responsible for implementation of the Preservation Area Management Plan and a description of the methodology to be used for said implementation. 4. Any Additional Information required by the Site Development Review Director or his designee consistent with the intent and purpose this ordinance. - 26 - SECTION 14 CONVEYANCE O? CONSERVATION EASEXLNT; DEDICATION A. CONSERVATION EASEMENT When platting is not required, the Preservation Area required by Section S herein shall be in the form of a perpetual conservation easement conveyed to Collier County or to another grantee as provided for in this section. A grantee other than Collier County shall be a not-for-profit conservation organization or another public entity and in either case shall be approved by the Board of County Commissioners (BCC) . Approval of a grantee other than Collier County shall be at the sole discretion of the BCC. Where a site development plan (SDP) is required, the landowner shall convey the conservation easement at the time of the preliminary SDP submission. Final SDP approval for the development or any phase thereof shall not be given until a copy of the recorded instrument has been provided to the Site Development Review Director or his designee. Where an SDP is not required, the conservation easement shall be conveyed prior to issuance of a building permit. 1. Grantee a. Grantee other than Collier County Where the grantee is an entity other than the County; the landowner or the grantee shall record the conservation easement at his expense in the Official. Records of Collier County. A copy of the recorded instrument shall be provided to the Site Development Review Director or his designee prior to issuance of a building permit. b. Collier County as Grantee Where the grantee is Collier County, the landowner shall record at his expense the conservation easement in the Official Records of Collier County. Acceptance of the conservation easement by the Board of County Commissioners shall be required and a copy of the recorded instrument shall be provided to the Site Development Review Director or his designee by the - 27 - landowner prior to issuance of a building permit. Where the grantee is Collier County, the conservation easement shall be granted without responsibility of maintenance running to the County except where maintenance running to the County is expressly approved by the BCC. 2. The conservation easement shall be in compliance with the requirements of Section 704.06, Florida Statutes, as may be amended froi tine to time or its successor in function, and any applicable county regulations. 3. The County shall have a right of access to the property for purposes of inspecting the conservation easement and this right shall be expressly stated in the easement. 4. The conservation easement shall expire with the expiration of an approved Native Habitat Analysis in accordance with Section 16 herein and this shall be expressly stated in the easement, or, where the conservation easement has been depicted on a site development plan (SDP) , the easement shall expire with the expiration of an approved SDP in accordance Sec. 3.3.1, LDC, and this shall be expressly stated in the easement. However, in the event that a building permit is obtained the conservation easement shall survive in perpetuity and this shall be expressly stated in the easement. B. DEDICATION When platting is required, the Preservation Area required by Section 1 herein, shall be dedicated to Collier County or another entity as provided for in this section and depicted on the plat as required by Section 1 herein. Where the Preservation Area is dedicated to an entity other than Collier County, that entity shall be a not-for-profit conservation organization or a public entity and in either case shall be approved by the Board of County Commissioners (BCC). Said approval shall be at the sole discretion of the Board of County Commissioners. In the event that the BCC is requested to approve dedication of the Preservation Area to an entity other than Collier County at the - 26 - same time any final plat for the proposed development is considered for acceptance by the BCC, the Board of County Commissioners shall in no way be obligated to approve the proposed entity and may continue consideration of the plat acceptance if necessary. SECTION 15 ALLOWABLE ACTIVITIES WITHIN PRESERVATION AREAS Activities allowed within the Preservation Area shall be limited to construction. of county approved boardwalks, pervious walkways, and other passive recreational or educational non-structural activities, such as, but not limited to, nature trails, as well as the removal of exotic vegetation pursuant to an approved exotic vegetation removal and management plan. Such activities shall not alter the ecological integrity of the Preservation Area and shall only be permitted after a site development plan for the Preservation Area has been reviewed and approved by Project Plan Review staff and the Environmental Advisory Board. • SECTION 16 EXEMPTIONS 1. Single family or duplex use on a single lot or parcel less than two and one half acres in size. This exemption does not apply to any parcel where dune and strand habitat is present. 2. All sites with recorded plats. 3. All sites which have a current approved final site development plan. 4. All sites which have a current approved PUD master plan. Any change to the PUD, whether PDA or PDI, or pursuant to reevaluation of the zoning through Sec. 2.7.2.12.3 and 2.7.3.4, LDC, would require the PUD to perform a Native Habitat Analysis and be subject to this regulation. SECTION 17 NATIVE HABITAT ANALYSIS TIME LIXITS Where platting is required and for single-family or duplex development, an approved Native Ha1itat Analysis shall remain valid for two (2) years from the date of approval. If a building permit has not been obtained within two years of approval of the - 29 - Native Habitat Analysis, the Native Habitat Analysis shall expire. One (1) one-year extension may be granted for good cause, shown upon basis of evidence presented in a written application submitted to the Site Develop:ant Review Director or his designee prior to expiration of the preceding approval. Where a site development plan (SDP) is required for the proposed development, the Native Habitat Analysis shall expire with the expiration of the SDP in accordance with Sac. 3.3.8, LDC. In either case, should an extension of time be granted, the Native Habitat Analysis shall comply with the LDC, as may be amended from time to time. During the life of the Native Habitat Analysis, if the development site has been demonstrated to be a potential habitat for listed species, the applicant may be required to resurvey for the presence of listed species, at the discretion of the Site Development Review Director or his designee. SECTION 18 VIOLATIONS It shall be unlawful for any person to perform or cause to be performed, land development activities in the'native habitats of Collier County, without complying with the rules set forth herein. No development shall be undertaken which is inconsistent with the provisions of this ordinance. It shall be unlawful to issue or approve any building permit, or to approve any conditional use, zoning change, site development plan, subdivision or condominium plat or unplatted subdivision or any other County permit or approval of or for development or site alteration which causes the development of or site alteration of any area described in Section 7 prior to obtaining County approval of a Native Habitat Analysis as required by Section 9 herein and conveyance-of'a conservation easement or dedication in accordance with Section 8 and Section 14 herein. Any development activities undertaken that are inconsistent with the provisions of this Ordinance shall constitute a violation of this ordinance. Within a Preservation Area as defined and protected herein, removal of vegetation or use of the Preservation Area in a manner - 30 - inconsistent with an approved Preservation Area Management Plan shall be a violation of this Ordinance. SECTION 111 PENALTIES Violation of any of the provisions of this ordinance or failure to comply with any of the requirements contained herein, shall subject the violator and property owner to all criminal penalties authorized by the State of Florida. Upon conviction, such person(s) shall be punished by a fine not to exceed five hundred dollars ($500.00), per violation, per day, or by imprisonment in the county jail not to exceed sixty (60) days, or by both such fine and imprisonment. Further, until the violation is corrected, no future development orders will be issued to the landowner. In addition to the penalties and remedies above, the County Manager may institute appropriate actions or proceedings to prevent, restrain, correct, or abate a violation of this ordinance, as provided by law. SECTION 20 APPEAL FROM ENFORCEMENT Any person aggrieved by the application of this ordinance may file within thirty (30) days after said grievance a petition with the Community Development Services Administrator to have said grievance reviewed by the Collier County Board of Zoning Appeals. SECTION 21 APPLICABILITY This ordinance shall apply to and be enforced in the unincorporated area of Collier County. SECTION 22 INCLUSION Ili COLLIER COUNTY LAND DEVELOPMENT CODE It is the intention of the Board of County Commissioners of Collier County, Florida, that this ordinance constitute a land development regulation which will be implemented and enforced as adopted, provided, however, that Collier County Land Development . Code (LDC) shall be amended to include the provisions of this ordinance during the next LDC amendment cycle. SECTION 23 CONFLICT AND SEVERABILITY In the event that any provision of this ordinance conflicts with any provision of the Collier County Land Development Code - 31 - as it pertains to implementation of this Ordinance, this Ordinance shall prevail and supersede the conflicting provision of the Land Development Code. If any phrase or portion of this Division is for any reason 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 24 ETTECTIVE DATE This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of 1993. ATTEST: DWIGHT E. BROCX, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Burt L. Saun ers, Cha rman APPROVED AS TO FORM AND LEGAL SUFFICIENCY tittelitt4 �• 1 LP•C/P Martha N. Howell Assistant County Attorney - 32 - . , APPENDIX A • ATM HABITAT IDLNTI7ICATIOY Kzrn LOGY Habitats consist of one or a combination of biologically, hydrologically or geologically delineated areal units which are usually occupied by a characteristic species specific fauna and flora. The following habitats shall be included for management pursuant to this Ordiance: 1) Duns and Strand, 2) Xeric Scrub, 3) Hardwood Hammock, 4) Pine 7latwoods, 5) Dry Prairie, and 6) Wetlands. Habitat types may be identified by soil type, hydrology, a dominance of characteristic vegetative species, occurrence in a certain position in the landscape, or a combination of any of the above. The following guidelines shall be used in identifying native habitats on site which aro protected by this ordinance. HABITAT: DUNE AND STRAND The dune and strand habitat shall be identified by location, from t 0 to 750 feet of the Mean High Water (MHW) line, of the Gulf of Mexico and its associated bays and inland waters. This habitat shall be identified by the presence of such characteristic species as (including but not limited to) : Uniola paniculata (sea oats), Coccoloba yvifera (sea grape), Sesuvium portulacastrug (sea purslane), $caevola plumieri (inkberry), Iva jmPricata (beach elder), )ielianthus gebilis (beach sunflower), Canavalia rosea (beach bean), and jcomoea pes-caprae (railroad vine). In certain areas of Collier County, Casuarina spp. (Australian pine) is dominant in the dune and strand, located t 0 to 750 feet of the Mean High Water (MHW) line. This habitat is often found in association with areas in the FLUCCS, including but not limited to numbers 181, 652, 710. HABITAT: URIC SCRUB This habitat shall be identified by the occurrence of patches of characteristic vegetation growing on and usually�intarsparsod with bare plots of the following soil types: Canaveral-Beaches -2- complex (42), Immokalss fine sand (7), Paola fine sand (45), Pomello fine sand (15), or Satellite fine sand (39), as defined for Collier County by the U.S. Department of Agriculture, Soil Conservation Service. This habitat shall be identified by the presence of such characteristic species as (including but not limited to) : Quercus spp. (oaks), pinus clause (sand pine) , Ceratiola ericoides (rosemary), Lechea spp. (pinweeds), Qladonia spp. (lichens), and $elaainella arenicola (spike moss). This habitat is often found in association with areas in the FLUCCS, including but not limited to numbers 320, 322, 421, 432. • HABITAT: HARDWOOD U)O{OCI There are several types of hardwood hammocks that occur within Collier County. 1. Tropical hardwood hammock. This habitat shall be identified by the presence of such characteristic species as (including but not limited to) : purser' bimaruba (gumbo limbo) , gugenia spp. (stoppers), jiastichodendrori foetidissimta (mastic) , piscidia piscinula (Jamaica dogwood), ?rdisia sscallonioidea (mariberry) , psvchotria nervosa (wild coffee), Ficus AAA. (strangler fig) . 2. Live Oak hammock. This habitat shall be identified by the presence of such characteristic species as (including but not limited to) : Ilex passing (dahoon holly), Liquidambar ytyraciflua (sweetgum), Kaanolia arandiflora (southern magnolia), Quercus virainiana (live oak), and Quercus laurifolia (laurel oak). 3. Cabbage Pali hammock. This type of habitat consists almost exclusively of (but not limited to) :kabal palmetto (cabbage palm). 4. aydric hardwood hammocks. This habitat is characterized by the presence of any of the following species: rcer =rim (red maple) , $agnolia virainia (sweet bay), perIlfl borbonia (red bay) , persea palustris (swamp bay), Quercus laurifolia (laurel oak), Quercus piers (water oak). A dominance of these species may also be considered jurisdictional wetlands (according to F.A.C. -3- 17-301). These habitats are often found in association with areas in the FLUCCS, including but not limited to numbers 426, 427, 428, 433. HABITAT: PINE TLATIOODS This habitat shall .be identified by the presence of such characteristic species as (including but not limited to) : pinus Xlliottii (slash pine), Eerenoa reoeng (saw palmetto), ?ristida Rtricta (viregrass), Ilex d ebra (galiberry), Lyonia Serruginea, (rusty lyonia) , and Kyrica gerifera (wax myrtle). This habitat is often found in association with areas in the FLUCCS, including but not limited to numbers 411, 412, 414. HABITAT: DRY PRAIRIE This habitat shall be identified by the presence of such characteristic species as (including but not limited to) : pristida spp. (wiregrasses) , Lraorostis spp. (lovegrasses) , gefaria racemose (tarflower), Lvonia spp. (rusty lyonia, fetterbush), Ilex olabra (gallberry), $erica cerifera (wax myrtle), and Serenoa reoens (saw palmetto) . The vegetative assemblage for dry prairie is very similar to that of pine flatvoods, with the exception of the overstory pines (pinus elliottii). This habitat is often found in association with areas in the FLJCCS, including but not limited to numbers 310, 321. HABITAT: NtTLAXDB Wetland habitats shall be identified 'as that portion of surface waters, including areas that are isolated from Waters of the State, that are dominated by the presence of one or a combination of the species listed in F.A.C. 17-301. Dominance shall be determined according to the methodology specified in F.A.C. 17-301. Wetland habitats are often found in association with areas in -4- the MOMS, including but not limited to numbers in the 600 series. • -5-