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PC Minutes 07/16/2010 MINUTES OF THE TIER DESIGNATION REVIEW COMMITTEE Regular Meeting Tier Designation Review Committee Friday,July 16,2010 Marathon, Florida A regular meeting of the Tier Designation Review Committee convened at 9:13 a.m.,at the Marathon Government Center. Present were Amy Phillips, Department of Environmental Protection; Richard Grosso, Everglades Law Center; Randy Grau, Fish&Wildlife Conservation Commission;Julie Cheon, Florida Keys Aqueduct Authority;Winston Hobgood, U.S. Fish &Wildlife;Tiffany Stankiewicz, Development Administrator, Planning and Environmental Resources; Michael Roberts,Senior Administrator, Environmental Resources; Phil Frank, Private Environmental Consultant;Wayne Whitley, GIS Planner,Growth Management; and Rebecca Jetton, Department of Community Affairs. MAP SERIES(CONT.) MAP 70 Motion: Richard Grosso made a motion to confirm the map. Amy Phillips seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;Julie Cheon, Disagreed; and Winston Hobgood,Agreed. MAP 72 Randy Grau asked why the four hatched lots on the left side were designated Tier I. Phil Frank answered because so,much of the other developed property on the map was in Florida Forever. The development of the lots was discussed. Tiffany Stankiewicz stated that the affordable housing deed restriction is in place even if the property is designated Tier I. Motion: Amy Phillips made a motion to accept the map as is. Randy Grau seconded the motion.A vote was taken with the following results: Winston Hobgood,Agreed;Julie Cheon, Disagreed;and Richard Grosso,Agreed. MAP 74 Motion: Julie Cheon made a motion for no changes to the map. Randy Grau seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;Winston Hobgood, Agreed;and Richard Grosso,Agreed. MAP 76 Motion: Julie Cheon made a motion for no changes to the map. Winston Hobgood seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed; Randy Grau,Agreed; and Richard Grosso,Agreed. _ ' MAP1 Motion: Randy Grau made a motion for no changes on the map. Amy Phillips seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed;Winston Hobgood, Agreed;and Julie Cheon,Agreed. MAP 2 Motion: Julie Cheon made a motion for no changes. Amy Phillips seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;and Winston Hobgood,Agreed. MAP 3 Motion: Julie Cheon made a motion for no changes. Amy Phillips seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed;Richard Grosso,Agreed;and Randy Grau,Agreed. MAP 4 Motion: Amy Phillips made a motion to accept the map as is. Winston Hobgood seconded the motion. A vote was taken with the following results: Julie Cheon,Agreed;Richard Grosso,Agreed; and Randy Grau,Agreed. Richard Grosso asked to reconsider,wanting to know if Area 105/106 could be split and sold off, leaving part of the lot unprotected. Winston Hobgood said the back half was wetlands that was 100 percent open space. Mr.Grosso suggested changing the SPA clearing limits to be the same is Tier I to help protect such lots. Motion: Winston Hobgood made a motion to designate the entire property Tier I. Richard Grosso seconded the motion. A vote was taken with the following results: Randy Grau,Agreed. Motion: Richard Grosso made a modified motion,changing the portion of the challenged area currently labeled SPA to Tier I and leaving the Tier Ill parcel as is. Winston Hobgood seconded the motion. A vote was taken with the following results: Randy Grau,Agreed; and Amy Phillips,Agreed. MAP 6 Motion: Richard Grosso made a motion to leave the map as is. Winston Hobgood seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;Amy Phillips,Agreed; and Julie Cheon,Agreed. Amy Phillips wanted to revisit the area to the north to consider changing it from Tier Ill to SPA. Mr.Grosso said to add it to the resolution list. MAP 14 Motion: Julie Cheon made a motion to accept the map as is. Randy Grau seconded the motion. Discussion continued regarding the applicability of wetlands in Tier I. Amy Phillips asked what was the difference if the Tier III were changed to Tier I. Phil Frank warned of unintended consequences. Ms. Cheon stated she didn't want to restrict any development on the uplands with a Tier I designation. Richard Grosso recommended it be considered for some sort of alternative wetland Tier I category. Motion: Randy Grau made a motion to leave the map as is,but to recommend this parcel be reviewed and recommend tiering of wetlands to the Board of County Commissioners. Richard Grosso seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;Winston Hobgood,Agreed;and Julie Cheon,Agreed. MAP 16 Amy Phillips questioned why 126 was a SPA. Michael Roberts said staff's position was the Tier I designation on the properties adjacent to U.S.1 is incorrect, but that it was not in a challenged area. Ms. Phillips said her notes reflected the Committee would reconsider that area as a SPA. Motion: Julie Cheon made a motion that all parcels between the Mosquito Control property and U.S.1 be part of the revisiting of parcels. Winston Hobgood seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;and Amy Phillips,Agreed. Motion: Randy Grau made a motion to leave the map as is, but review 126,as well as the parcels between the Mosquito Control property and U.S.1,consider them together. Amy Phillips seconded the motion. A vote was taken with the following results: Julie Cheon,Agreed;and Winston Hobgood,Agreed. MAP 18 Motion: Amy Phillips made a motion to accept the map as is. Julie Cheon seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed; Randy Grau,Agreed; and Richard Grosso,Agreed. MAP 19 Motion: Amy Phillips made a motion to accept the map as is. Winston Hobgood seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed;Julie Cheon,Agreed; and Randy Grau,Agreed. MAP 20 Amy Phillips questioned why the developed house next to the blue dot up towards the north was designated Tier I. Randy Grau said no change was previously made to that parcel. Motion: Julie Cheon made a motion to make that parcel Tier Ill. Richard Grosso questioned why other parcels then wouldn't be changed as well. Ms. Cheon stated the area doesn't appear to be Tier I to her. Michael Roberts agreed. The habitat in the area was discussed. Motion: Richard Grosso made a motion to keep the parcel Tier I. Winston Hobgood seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;Amy Phillips,Agreed;and Julie Cheon, Disagreed. Ms. Cheon stated to Mr. Roberts that she would like to know by the August meeting if the parcels with the blue dots meet the date criteria in the rule. MAP 22 Motion: Winston Hobgood made a motion for the map to stay the same. Richard Grosso seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;Julie Cheon, Disagreed;and Amy Phillips,Disagreed. The development of this area was discussed. Randy Grau withdrew his vote. Motion: Julie Cheon made a motion to change the designation to SPA. Randy Grau seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed; Richard Grosso,Agreed;and Winston Hobgood,Agreed. MAP 24 Randy Grau stated the only changes previously made on this map is changing the parcel with the house already constructed from Tier I to Tier Ill. Motion:.Amy Phillips made a motion to accept Map 24 as previously changed. Winston Hobgood seconded the motion. A vote was taken with the following results: Randy Grau,Agreed. Julie Cheon questioned the parcel by itself adjacent to the Tier Ill properties. The ownership and habitat of that property was discussed. Motion: Julie Cheon made a motion to change that parcel to Tier Ill. Randy Grau seconded the motion. A vote was taken with the following results: Winston Hobgood, Disagreed;and Amy Phillips, Disagreed. Randy Grau stated this property has been filled or dredged. Motion: Julie Cheon amended the motion to make it Tier Ill,but to include it in the list of properties for recommendation to the Board of County Commissioners for wetlands in the tier designations. Richard Grosso seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;Winston Hobgood, Disagreed;and Amy Phillips,Disagreed. Motion: Julie Cheon made a motion that the green parcel on the same street just previously discussed be designated Tier Ill,and again ask the Board of County Commissioners to review the wetland criteria in the tier system. There was no second to the motion. Randy Grau pointed out that he doesn't feel wetlands in subdivisions that are technically wetlands because they aren't filled very high don't warrant high Tier I protection. Phil Frank stated the little scarified lot on the map looked like a good buffer,good restoration. Motion: Richard Grosso _ made a motion to maintain that parcel as a Tier I. Winston Hobgood seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;Julie Cheon,Disagreed;and Randy Grau, Disagreed. MAP 25 Motion: Winston Hobgood made a motion the map stay the same. Julie Cheon disagreed because of the wetland issue. The possibility of splitting lots was discussed again. Randy Grau seconded the motion. A vote was taken with the following results: Julie Cheon, Disagreed;Amy Phillips,Agreed;and Richard Grosso,Agreed. A brief recess was held. MAP 26 Winston Hobgood questioned the size of the parcel in 139A. The nice transition from mangroves to wetlands to hammock in this area was discussed. Motion: Winston Hobgood made a motion to leave the map as is. Amy Phillips seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;and Richard Grosso,Agreed. MAP 27 Motion: Winston Hobgood made a motion for no changes on the map and the wetlands issue to be revisited. Julie Cheon seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;and Randy Grau,Agreed. MAP 28 Motion: Winston Hobgood made a motion for no changes to the map. Julie Cheon seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;and Richard Grosso, Agreed. MAP 29 Motion: Winston Hobgood made a motion to leave the map the same. Julie Cheon thought Area 142 should be SPA. Michael Roberts said he thought Tier I would be the appropriate designation for the two polygons in 142E and 145. Julie Cheon seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;and Amy Phillips,Agreed. MAP 32 Motion: Amy Phillips made a motion to accept the map as is. Randy Grau seconded the motion. A vote was taken with the following results: Julie Cheon,Agreed;Winston Hobgood,Agreed; and Richard Grosso,Agreed. MAP 34 Motion: Winston Hobgood made a motion to leave the map as is. Julie Cheon seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;and Randy Grau,Agreed. MAP 36 Motion: Randy Grau made a motion to leave the map as is. Julie Cheon seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed. Amy Phillips feels this should be added to the list for recommendation of wetland tiering. The habitat of the area was discussed. MAP 37 Motion: Winston Hobgood made a motion that the map stay the same. Richard Grosso seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;Julie Cheon, Agreed;and Amy Phillips,Agreed. MAP 38 Motion: Richard Grosso made a motion to affirm the map as is. Winston Hobgood seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;Randy Grau,Agreed; and Julie Cheon,Agreed. i MAP 40 Amy Phillips stated that the triangular parcel on the bottom she thought should have been a SPA. Julie Cheon said she recorded it as a Tier Ill. Michael Roberts clarified that the parcel was completely developed. Motion: Amy Phillips made a motion to leave the map as is. Winston Hobgood seconded the motion. A vote was taken with the following results: Randy Grau,Agreed; Richard Grosso,Agreed;and Julie Cheon,Agreed. MAP 41 Motion: Winston Hobgood made a motion to leave the map as is. Amy Phillips seconded the motion. A vote was taken with the following results: Randy Grau,Agreed. Julie Cheon asked if this map included the wetland issue. Randy Grau answered it didn't to him because of the connectivity to hammock. Julie Cheon,Disagreed. MAP 42&43 Motion: Winston Hobgood made a motion to leave both maps as is. Julie Cheon seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed; Randy Grau, Agreed;and Amy Phillips,Agreed. MAP 44 Motion: Randy Grau made a motion to leave the map as is. Winston Hobgood seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed. The different criteria for Big Pine was discussed. Julie Cheon Agreed;and Richard Grosso,Agreed. MAP 45 Motion: Julie Cheon made a motion to keep the map as is. Amy Phillips seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed; Randy Grau,Agreed;and Winston Hobgood,Agreed. MAP 46 Motion: Winston Hobgood made a motion the map remain as is. Amy Phillips seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;and Julie Cheon,Agreed, based on the Big Pine criteria. MAP 47 Motion: Winston Hobgood made a motion the map remain the same. Julie Cheon seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;Amy Phillips,Agreed; and Richard Grosso,Agreed. MAP 48 Motion: Winston Hobgood made a motion the map remain the same. Randy Grau seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed;Amy Phillips, Agreed;and Julie Cheon,Agreed. MAP 49 Motion: Randy Grau made a motion the map remain the same. Winston Hobgood seconded the motion. A vote was taken with the following results: Julie Cheon,Agreed;Amy Phillips,Agreed; and Richard Grosso,Agreed. MAP 51 Motion: Winston Hobgood made a motion the map remain the same. Amy Phillips seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed; Randy Grau, Agreed;and Julie Cheon,Disagreed,based on her same objections as stated in the prior meeting. MAP 52 Michael Roberts asked for clarification on why some of the developed parcels in the row on the bottom of the polygon were changed to Tier I, but some remained Tier Ill. Winston Hobgood answered it was due to the depth of the lots. Motion: Winston Hobgood made a motion the map remain the same. Amy Phillips seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed; Randy Grau,Agreed;and Julie Cheon,Agreed. MAP 53 Motion: Julie Cheon made a motion to leave the map as is. Winston Hobgood seconded the motion. A vote was taken with the following results: Randy Grau,Agreed; Richard Grosso,Agreed; and Amy Phillips,Agreed. MAP 54 Motion: Winston Hobgood made a motion to leave the map the same. Randy Grau seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed;and Julie Cheon, Agreed. MAP 55 Motion: Winston Hobgood made a motion to leave the map the same. Richard Grosso seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;Amy Phillips, Agreed;and Julie Cheon,Agreed. MAP 56 Motion: Richard Grosso made a motion to affirm the map as is. Winston Hobgood seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed; Randy Grau,Agreed; and Julie Cheon,Agreed. MAP 58 Motion: Richard Grosso made a motion to affirm the map as is. Winston Hobgood seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed; Randy Grau,Agreed; and Julie Cheon,Disagreed, because of the wetland issue. MAP 60 Motion: Winston Hobgood made a motion the map remain the same. Richard Grosso seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;Amy Phillips, Agreed;and Julie Cheon,Agreed. MAP 61 Motion: Richard Grosso made a motion to affirm the map as is. Winston Hobgood seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;and Amy Phillips, Agreed. i MAP 63 Richard Grosso questioned why the four lots identified that include cross-hatched Tier Ill within the larger Tier I area were treated differently than other parcels. Randy Grau stated some had houses on them and some did not. Mr.Grosso raised the issue that the Committee has been treating developed areas embedded within Tier I as Tier I,and he feels a difference in habitat type is a more valid basis for consideration than the fact it is built upon. Motion: Winston Hobgood made a motion that the four Tier III parcels be changed back to Tier I. Habitat in the area was discussed. Motion: Winston Hobgood changed his motion to leave the map as is. Mr.Grosso again raised the issue of having exotic or wetland built lots embedded within a larger Tier I. Michael Roberts suggested that this should be added to the list of Board of County Commissioners reevaluation requests. Motion: Julie Cheon made a motion that the four parcels previously discussed remain Tier III. Randy Grau seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;Richard Grosso,Agreed;and Winston Hobgood,Agreed. Randy Grau asked if there was any issue with the open water shorelines on the map. The development of this area was discussed. Randy Grau asked for clarification about the parcel to the north. Amy Phillips stated it was in Florida Forever. The habitat,development and ownership of the the parcel was discussed. Motion: Randy Grau made a motion the rest of the map remain the same. Richard Grosso seconded the motion. A vote was taken with the following results: Julie Cheon, Disagreed;Winston Hobgood, Agreed;and Amy Phillips,Agreed. 1 A luncheon recess was held from 11:45 a.m.to 12:29 p.m. MAP 64 Motion: Winston Hobgood made a motion the map remain the same. Richard Grosso seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;Amy Phillips, Agreed;and Julie Cheon,Agreed. MAP 65 Motion: Randy Grau made a motion to leave the designation Tier I. Winston Hobgood seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;and Julie Cheon,Agreed. MAP 66 Amy Phillips requested this be added to the list of wetlands parcels to be reevaluated by the Board of County Commissioners. Motion: Julie Cheon made a motion the map remain the same. Winston Hobgood seconded the motion. A vote was taken with the following results: Randy Grau, Agreed;and Amy Phillips,Agreed. MAP 67 Julie Cheon proposed making the blue parcel to the left of 439B Tier III. Richard Grosso asked why. The development, habitat and Florida Forever boundaries in this area were discussed. Motion: Julie Cheon made a motion that the two lots west of 439B be designated Tier Ill. Amy Phillips seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;Winston Hobgood,Agreed;and Richard Grosso,Disagreed. MAP 68 Motion: Randy Grau made a motion the map remain unchanged. Winston Hobgood seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed;Amy Phillips,Agreed;and Julie Cheon,Agreed. MAP 71 Michael Roberts asked for clarification on why developed lots were designated Tier I. Amy Phillips and Julie Cheon said they had them designated as Tier III. Tiffany Stankiewicz stated her map showed the prior recommendations as follows: Top row,the first two lots Tier III,next lot Tier I,next two Lots Tier III, next three lots Tier I,the last lot Tier III;Second row,all Tier III; Bottom row,Tier III for the undesignated lots;467D,Tier I for the property from the open water to the driveway, and the rest in that area Tier III. The corrections were made to the map by Wayne Whitley. Richard Grosso asked if the SPA parcels outside the challenged area were categorically different than the surrounding Tier I. Julie Cheon felt they were different. Motion: Richard Grosso made a motion that these lots be put on a reconsideration list based on more specific habitat information. Winston Hobgood seconded the motion. A vote was taken with the following results: Amy Phillips, Agreed;Randy Grau,Agreed;and Julie Cheon,Agreed. The parcel down at the bottom, half developed/half vegetated,was discussed. Motion: Julie Cheon made a motion to make this lot Tier Ill,but also put it in the wetland reconsideration pile. Richard Grosso questioned how this parcel was categorically different from the development on the other side of the highway. The habitat was discussed. Julie Cheon retracted her motion. Motion: Randy Grau made a motion that this parcel remain as is. Amy Phillips seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed;Winston Hobgood,Agreed;and Julie Cheon,Agreed. MAP 73 Motion: Randy Grau made a motion the designation remain Tier I. Winston Hobgood seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;and Julie Cheon,Agreed. MAP 75 Motion: Winston Hobgood made a motion the map remain the same. Amy Phillips seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;and Julie Cheon, Agreed. MAP 77 Motion: Richard Grosso made a motion to affirm as is. Winston Hobgood seconded the motion. A vote was taken with the following results: Julie Cheon,Agreed; Randy Grau,Agreed;and Amy Phillips,Agreed. MAP 78 Motion: Winston Hobgood made a motion the map remain the same. Richard Grosso seconded the motion. A vote was taken with the following results: Randy Grau,Agreed. Michael Roberts questioned the Tier I recommendation on area 281A. The parcel boundary was looked at and discussed. The development and clearing allowances in the NROGO system was explained by Tiffany Stankiewicz and Rebecca Jetton. Randy Grau said he thought this might be an example of one parcel with more than one tier designation to be considered by the Board of County Commissioners. Richard Grosso said the Board might rethink the previous policy decision that tier boundaries must follow property boundaries. Ms.Jetton reminded the Committee that this is the infant stage of this system that is cutting-edge planning for the United States, not just for Florida. Motion: Winston Hobgood made a motion the map remain the same. Amy Phillips seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed;Randy Grau,Agreed;and Julie Cheon, Disagreed. MAP 79 Motion: Winston Hobgood made a motion the map remain the same. Julie Cheon seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;Amy Phillips,Agreed; and Richard Grosso,Agreed. MAP 80 Motion: Julie Cheon made a motion the map stay the same. Randy Grau seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed;Amy Phillips, Agreed;and Richard Grosso,Agreed. MAP 81 Motion: Winston Hobgood made a motion the map stay the same. Richard Grosso seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed; Randy Grau,Agreed; and Julie Cheon, Disagreed,due to lack of hammock. MAP 82 Motion: Winston Hobgood made a motion the map remain the same. Amy Phillips seconded the motion. A vote was taken with the following results: Julie Cheon,Agreed;and Randy Grau, Agreed. MAP 83 Michael Roberts stated the only change previously made was the west side of the 553/554 polygon being made a Tier I. The industrial/commercial area of the map was discussed. Motion: Winston Hobgood made a motion the map remain the same,but that the Commissioners review designation of borrow pits. The habitat of the area was discussed. Randy Grau seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;Julie Cheon,Disagreed;and Richard Grosso,Agreed. MAP 84 Motion: Richard Grosso made a motion to affirm as is. Julie Cheon seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed;Amy Phillips,Agreed;and Randy Grau,Agreed. MAP 85 Motion: Julie Cheon made a motion to affirm as is. Randy Grau seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed;Richard Grosso,Agreed;and Amy Phillips,Agreed. MAP 86 Motion: Julie Cheon made a motion to affirm as is. Randy Grau seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;Richard Grosso,Agreed;and Winston Hobgood,Agreed. APPROVAL OF MINUTES Motion: Randy Grau made a motion to accept the minutes as amended and corrected in this July meeting. Richard Grosso seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed;Julie Cheon,Agreed;and Amy Phillips,Agreed. Michael Roberts stated he felt Items 4,5 and 6 of the agenda were accomplished during the map review. Richard Grosso agreed,and suggested the Committee vet a set of recommendations at the August or September meeting. Phil Frank asked what the format of the August meeting would be. Mr. Roberts explained that the affected property owners will be invited to present information that they believe is pertinent to the determination of the tier on their property to the Committee. Mr. Roberts hopes to provide the Committee members with any backup information property owners submit prior to the August meeting. The September Board of County Commissioners meeting would be the earliest a resolution could be gotten from the Commissioners regarding the additional "new issues"for review. Julie Cheon suggested breaking the August meeting into A.M. blocks and P.M. blocks so as to afford property owners a time certain to present their information to the Committee. Randy Grau asked if a property owner would be allowed to submit their information in writing if unable to attend the meeting. Michael Roberts answered he thought so. Randy Grau asked if the property owner who was present, having traveled from Los Angeles to attend,would be able to address the Committee out of turn. Mr. Roberts requested a break to confer with legal counsel on the matter. A brief recess was held. Property owner,Ari Necezio (phonetic),addressed the Committee,stating he didn't think the tier system is a fair system. He stated the goal of the tier system is to encourage development in denser areas,yet the Committee is labeling some properties in the densest areas as Tier I,thereby punishing owners who have hammock trees on their properties. He feels property owners should be incentivized rather than punished. His parcel, RE0050198000000,was displayed on the screen and looked at by the Committee. The property owner stated he didn't believe the Committee's actions match the goals of implementing the tier system. Randy Grau assured him that the committee members are not just looking at aerial photographs in making their decisions, but are actually spending time in the field and are going on-site. Mr.Grau further explained the Committee's job was to review the policies, look at the properties,and determine if the tier that was designated is correct or needs to be changed. The process is not to protect individual trees, but to protect a habitat that makes up the tropical hardwood hammock. The property owner thanked the Committee for listening to his presentation. Julie Cheon encouraged him to send the Committee any additional information he may have available. The meeting was adjourned at 2:37 p.m.