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EPTAB Agenda 05/18/1992 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: Monday, May 18, 1992 PLACE: Conference Room C, Development Services TIME: 4: 00 p.m. I. Call Meeting to Order II. Roll Call III. Approval of Minutes IV. Old Business A. Coastal Zone Management Plan (Staff) B. Habitat Protection Ordinance Resolution (Land) V. New Business VI. Public Comments VII. Adjournment MEETING SCHEDULE: June 1st - 2: 00 p.m. - 3rd Floor of Building F (Rear) June 18th - Time and date to be announced N w,•mher 7, 1990 stormwater discharge violation. No reported thi' i'; a lower priority within the stormwater utility program. Mr. Lorenz continued with the next set of challenges, which he said will be very controversial. He reported there .-,re requirements within the Growth Management Plan dealing with habitat and wildlife management. He indicated interim policies are in place for the pro- tection of habitat and wildlife, with a schedule for Staff to bring back to the Board a variety of ordinances with very specific criteria for development within certain kinds of habitat identified in the Growth Management Plan. He added that the habitat ordinances will identify a certain percentage of a particular habitat that will need to be preserved on site, while another habitat will require a dif- ferent percentage be retained. He said this will allow the habitats to be the priority in terms of how a property can be developed. He stated there will also be very specific ordinances that will protect endangered and threatened wildlife, i.e. , a Bald Eagle ordinance is now being prepared which establishes very specific standards and cri- teria which then may be used for all land development review projects. County Manager Dorrill commented that developers already have con- cerns with maintaining wetlands on their sites, and these new ordinan- ces will be strongly objected to by them. He said there will also be a large effort exerted by environmental groups with regard to not allowing exemptions for agricultural uses, while at the same time, a great deal of concern from landowners and developers who believe the County continues to carve away at their landholdings. He advised that the County's plan won the best natural resource management award in • the State last year, but the implementation effcrt Eor these three habitat areas in the program will he very difficult to maintain. In answer to Commissioner Shanahan, Mr. Lorenz indicated he has received authorization for 1.5 positions, and :ir interviewing for one of the jobs. He stated he .i> behind ::chedu le, however, ence the <nlcl i tional staff is in place, the timeframe, will he met in later y,ear::. He added once the -framework for the i irst model ordinance i:. in place. OOOF^s` 08 ?nrt1• , • • • November 7, 19q0 County Manager Dorrill reported there are no currant- State or federal guidelines regarding upland habitat preservation. He suggested that the Board conduct a workshop regarding some oC the spe- cifics being proposed for these ordinances, prior to County Staff spending a tremendous amount of time developing something the Board may or may not want to adopt. Commissioner Goodnight stated if the State and federal guidelines are vague, they need to be defined in Collier County, however, when they are specific, there is no need for County Staff to spend time on what is already regulated by higher levels of government. County Manager Dorrill suggested that Staff prepare an inventory of those environmental regulations that are proposed to change and which ones will be adopted based on current State or federal guideli- nes. Mr. Lorenz continued with his presentation, stating the County's habitat protection strategy will recognize that regulations will not be satisfactory to accomplish the overall protection goals for wildlife and habitat, therefore, Staff is proposing land acquisition as a second strategy. He said this will identify lands and areas in the County that are deserving of such a high degree of protection that they should be acquired by either Collier County or federal and state not-for-profit environmental groups. He reported thi:'s will allow the County to take the lead in identifying these properties, specify methods for acquisition and to develop funding sources. Commissioner Volpe commented that the State Legislature recently passed Preservation 2000, whj1h is a $3 billion program for these types of acquisitions. He asked what the further role of local government will be in that regard? Mr. Lorenz explained that Collier County needs to focus all those efforts by the State and the environmental agencies in .ereas that the • County sets as high priorities. He stated those ac;Onc ie!: will he looking at lands throughout the State, and this str,avog .;; 11 concentrate those groups on land the County has ,;,1 ::h, d ,e; • Mi 000 FA,' 10 • .nvr•mht r 7 , ,w,n interested in. 1e advi-sed that a .,•cord parr of ' hi--; program i'.. the creation of a formal Environmental Adv.icory Board which will con- t solidate the Water Management Advisory Board and the Environmental Advisory Council. He stated that the Board will assist in further developing programs such as regulatory codes and a land acquisition program, as well as being utilized as a workshop to resolve as many issues as possible prior to reporting to the RCC. He mentioned that approval of this new environmental board will be on the November 27th Board of County Commissioners agenda. Commissioner Shanahan concurred that communication is a very important issue. He cautioned, however, that people need to understand the relationship to the information they are getting and the cost to provide that information. He said the Board needs to be a better communicator than it is at present. Commissioner Volpe mentioned that recent discussions have suggested the possibility of creating a speakers bureau working through the homeowners associations. He said this will provide a forum to get information out to as many people as possible so they understand what some of the issues and concerns are and how the Board is attempting to address them. **• Recess: 10:35 A.M. - Reconvened: 10:50 A.M. , at which time Deputy Clerk Hoffman replaced Deputy Clerk Guevin *** UTILITIES Utilities Administrator Arnold explained that the Utilities Strategic Plan is four-fold: Capital Improvement Program; Subsequent Operations and Maintenance Facilities of the programs to maintain the capital projects; necessary financing tools; and financing programs to build the facilities; and, the regulatory components hafied on the ordinances, policies and standards. With respect to the Capital Improvement Program, Mr. Arnold requested endorsement from the Commission with respect ;:, :'t:;E" ; .:o,i_ tinued aggressive expansion of the County's Regional :;yr:tt:ttt to on:;ncr• that the regional concept i:; proted .end Cur there :, .r it h , 1)0," ® 00Q F,4C 12 LAND ACQUISITION PROGRAM PROGRAM PLAN 1. 0 Introduction and Purpose 2 . 0 Statement of Intent 3 . 0 Advisory Committee 3 . 1 Membership 3 . 2 Responsibility 4 . 0 Project Selection and Acquisition Process Overview 5. 0 Project Selection Guidelines 5. 1 Types of Projects 5. 2 Selection Criteria 5. 3 Preparation of a Five-year Plan 6. 0 Land Acquisition Guidelines 6. 1 Criteria for Evaluation of Acquisition Needs 6. 2 Priority of Acquisition 6. 3 Notification of Owners 6.4 Consideration of Appraisals 6. 5 Methods of Land Acquisition 7. 0 Organizational Responsibilities 8 . 0 Land Acquisition Plan 8. 1 Land Acquisition Map 8. 2 Funding Needs 8. 3 Project Descriptions acquired. Coordinating with external groups such as Federal, State, Regional governmental agencies, non-profit organizations, and private landowners is also a necessary component. Internal organizational roles and responsibilities will also be identified. SERVICE DELIVERY IMPLICATIONS The Growth Management Plan mandates that a Plan to defer development of the County's important native habitats and wildlife be in place by August 1994 . To not do so will not meet the target as mandated. Moreover, to not do so will deprive all of the residents of Collier County of their rights to protection of the County's native habitats and wildlife. SUPPORT GROUP IMPLICATIONS Support groups will depend on decisions on how various lands will be managed. Until some type of management plan for the acquired lands has been developed, it will be difficult to identify what position individuals or organizations will take. Many are opposed to any type of public use. For example, most of the environmental groups would be in favor of the acquisition but if hunting were an activity proposed as part of the managment plan, many would obviously change positions. Conversely, large hunting organizations would be in favor of spending tax dollars to purchase wild lands, but if hunting were a prohibited activity, they would most likely change their position also. Land owners, would most likely, favor such a program as long as they felt they were being fairly compensated. In addition, fee simple purchase or tax incentive results in less monies being received by the County as properties are removed from the tax rolls or the tax rate is significantly lowered. RESOURCE IMPLICATIONS A successful acquisition program will require, at a minimum, the cooperative efforts of Parks and Recreation, Real Properties, and various departments in the Environmental Services Division. As projected for FY 1990-91, staffing of the Environmental Services Division should be adequate to assist in the design of the model for the acquisition program and to participate in the subsequent environmental screening and priority ranking of the individual parcels. The actual administration of the program will require individuals with real estate expertise and other expertise not found within the Environmental Services Division. Funds will need to be made available for purchase of these properties, and it may be necessary to utilize outside consultants for various aspects of the program. Also, if the County acquires the land, it will need to be actively managed, which will require additional resources and manpower from Parks and Recreation. A well designed program plan should identify the program's goals, criteria for determining land acquisition priorities, management plans for acquired properties, costs of property acquisition and management, funding sources and organizational responsibilities. STRATEGIES OPERATIONAL: A conceptual plan should be developed for approval by the Board. The plan should recommend: ♦ Program goals and objectives, ♦ Land acquisition policies and procedures, ♦ Criteria for ranking priority areas for acquisition, ♦ Financial considerations, including program costs and funding sources, ♦ Organizational responsibilities, ♦ Formal public involvement, ♦ Legislative authority This conceptual plan should be available for Board consideration by January 1991. ORGANIZATIONAL: The current organizational structure and responsibilities are sufficient for developing the plan. Staff for Environmental Services, Utilities, Parks and Recreation, and Real Property should be involved in the development of the conceptual plan. The plan should establish organizational roles and responsibilities as the program is implemented. LEGISLATIVE: No legislative initiatives are needed for developing the conceptual plan. The new Environmental Advisory Board should plan an instrumental role in this effort. RESOURCE DEVELOPMENT: Current staffing is adequate to develop the conceptual plan. No costs are envisioned for FY90/91. The conceptual plan will identify costs and staffing requirements for future budget years. CHALLENGES KEY RESULT AREA HABITAT AND WILDLIFE MANAGEMENT GOAL OF KEY RESULT AREA - To provide for the protection, conservation, enhancement, restoration, and management of the County's native habitats and wildlife. INTERNAL AND EXTERNAL CHALLENGES 1. Provide effective Regulatory Codes for habitat and wildlife protection. 2 . Develop County Land Acquisition and Management Program for environmentally sensitive lands. 3. 4. 5. The Growth Management Plan mandates that native habitat and wildlife protection codes be effected by 1994 . To not do so will not meet the targets as mandated. Moreover, to not do so will deprive the residents of Collier County of their rights to protection of the County's native habitats and wildlife. In addition, better defined criteria would expedite the review process, allow property owners to know beforehand the environmental constraints on their property, and would establish quantifiable targets for habitat protection. SUPPORT GROUP IMPLICATIONS It is anticipated that individuals and organizations that have supported stricter environmental regulations in the past will continue their support. Such groups in Collier County include The Conservancy, Audubon Society, Sierra Club, Izaak Walton League, Native Plant Society, Friends of Rookery Bay, Southwest Florida Archaeological Society, Center for Marine Conservation, Endangered Species Research Foundation, League of Women Voters. Certain groups may be or perceive themselves to be, negatively affected. It is felt that the groups with the most potential to be negatively affected, and, thus the groups which would have the most potential for opposition, will be land developers, realtors, contractors, and possibly land owners of currently undeveloped property. RESOURCE IMPLICATIONS Current staffing is inadequate to meet the requirements of the Growth Management Plan. A position was eliminated from the Natural Resources budget request during the September 1989 budget hearings. Additionally, staff noted in the August 1989 workshop that an additional position would be needed in FY 90/91. The Natural Resource Department is allocated 3 1/2 technical positions in addition to the Department Director. For FY 1990-1991, it will require 1.5 additional Environmental Specialist IIs to produce the regulatory codes. In addition, if ground truthing is required in order to delineate the NRPAs, two additional Environmental Specialist IIs or their equivalent in consulting services, may be necessary. It will be necessary to have the County Attorney's office contribute manpower during the code formulation process. Additional staff will almost certainly he needed by Development Services to insure compliance of permitted activities and for enforcement of unpermitted activities. STRATEGIES ISSUE PAPER CHALLENGE TO BE ADDRESSED Institute a Land Acquisition Program for environmentally sensitive lands to preserve the County' s important native habitats, wildlife, and water recharge areas. BACKGROUND INFORMATION Collier County is experiencing rapid population growth and rapid land development activities necessary for roads, public utilities, residential and commercial sites, etc, to accommodate such growth. As a result, the County is experiencing a loss of valuable wildlife habitat, and concomitantly, wildlife. In an effort to counter this loss, the Growth Management Plan requires the County by August 1994, to institute a program to defer the development of the native habitats. The Plan asks that first consideration be given to acquisition by the County but also that the County shall seek assistance from and support State or Federal land acquisition programs for important native habitat located within the County. Current and proposed land development regulations are not and will not be sufficient to meet the goal of habitat protection in its entirety. Land development regulations can only apply to individual land development applications. As a result, many habitats, although partially preserved, become fragmented, reduced in size, and isolated. A definite need exists for public ownership or control of large expanses of critical habitat and/or watershed management areas. This need is recognized and addressed in the GMP. In addition, the GMP also recognizes that isolated habitats are undesirable and suggests that connections (corridors) between critical habitats be maintained. Some type of development deferment incentive is necessary to accomplish the goals and, at the same, recognize and consider the right of individual property owners. Such incentives may be lower tax rates, transfer of development rights, fee simple purchase, etc. One example of such a program is the Corkscrew Regional Ecosystem Watershed (CREW) Trust. The Trust is made up of private and public entities and Collier County is a participant. However, Collier County, at this time, does not have a source of funding for the proposed acquisitions. A successful land acquisition program will require public support and an adequate funding source. A comprehensive program plan is necessary to specify criteria for developing acquisition priorities and to develop management guidelines for property once Also, if the County acquires the land, it will need to be actively managed, which will require additional resources and manpower from Parks and Recreation. A well designed program plan should identify the program's goals, criteria for determining land acquisition priorities, management plans for acquired properties, costs of property acquisition and management, funding sources and organizational responsibilities. STRATEGIES OPERATIONAL: A conceptual plan should be developed for approval by the Board. The plan should recommend: ♦ Program goals and objectives, ♦ Land acquisition policies and procedures, ♦ Criteria for ranking priority areas for acquisition, ♦ Financial considerations, including program costs and funding sources, ♦ Organizational responsibilities, ♦ Formal public involvement, ♦ Legislative authority This conceptual plan should be available for Board consideration by January 1991. ORGANIZATIONAL: The current organizational structure and responsibilities are sufficient for developing the plan. Staff for Environmental Services, Utilities, Parks and Recreation, and Real Property should be involved in the development of the conceptual plan. The plan should establish organizational roles and responsibilities as the program is implemented. LEGISLATIVE: No legislative initiatives are needed for developing the conceptual plan. The new Environmental Advisory Board should plan an instrumental role in this effort. RESOURCE DEVELOPMENT: Current staffing is adequate to develop the conceptual plan. No colts are envisioned for FY90/91. The conceptual plan will identify costs and staffing requirements for future budget years. CHALLENGES KEY RESULT AREA HABITAT AND WILDLIFE MANAGEMENT GOAL OF KEY RESULT AREA - To provide for the protection, conservation, enhancement, restoration, and management of the County's native habitats and wildlife. INTERNAL AND EXTERNAL CHALLENGES 1. Provide effective Regulatory Codes for habitat and wildlife protection. 2. Develop County Land Acquisition and Management Program for environmentally sensitive lands. 3. 4 . 5. The Growth Management Plan mandates that native habitat and wildlife protection codes be effected by 1994 . To not do so will not meet the targets as mandated. Moreover, to not do so will deprive the residents of Collier County of their rights to protection of the County's native habitats and wildlife. In addition, better defined criteria would expedite the review process, allow property owners to know beforehand the environmental constraints on their property, and would establish quantifiable targets for habitat protection. SUPPORT GROUP IMPLICATIONS It is anticipated that individuals and organizations that have supported stricter environmental regulations in the past will continue their support. Such groups in Collier County include The Conservancy, Audubon Society, Sierra Club, Izaak Walton League, Native Plant Society, Friends of Rookery Bay, Southwest Florida Archaeological Society, Center for Marine Conservation, Endangered Species Research Foundation, League of Women Voters. Certain groups may be or perceive themselves to be, negatively affected. It is felt that the groups with the most potential to be negatively affected, and, thus the groups which would have the most potential for opposition, will be land developers, realtors, contractors, and possibly land owners of currently undeveloped property. RESOURCE IMPLICATIONS Current staffing is inadequate to meet the requirements of the Growth Management Plan. A position was eliminated from the Natural Resources budget request during the September 1989 budget hearings. Additionally, staff noted in the August 1989 workshop that an additional position would be needed in FY 90/91. The Natural Resource Department is allocated 3 1/2 technical positions in addition to the Department Director. For FY 1990-1991, it will require 1.5 additional Environmental Specialist IIs to produce the regulatory codes. In addition, if ground truthing is required in order to delineate the NRPAs, two additional Environmental Specialist IIs or their equivalent in consulting services, may be necessary. It will be necessary to have the County Attorney's office contribute manpower during the code formulation process. Additional staff will almost certainly be needed by Development Services to insure compliance of permitted activities and for enforcement of unpermitted activities. STRATEGIES