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EAC Minutes 02/04/2004 RFebruary 4, 2004 ENVIRONMENTAL ADVISORY COMMITTEE Board Meeting Room, 3rd Floor, Administration Building 3301 Tamiami Trail Naples, Florida 34112 9:00 A.M. February 4, 2004 LET IT BE REMEMBERED, that the Environmental Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 9:00 o'clock a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Members: Alexandra Ellis, Vice-Chairman Alfred F. Gal, Jr. Thomas W. Sansbury Erica Lynne Kenneth Humiston, PE Michael Sorrell Collier County Staff: Marjorie Student, Assistant County Attorney; Barbara Burgeson, Senior Environmental Specialist; and Bill Lorenz, Director, Natural Resources. ENVIRONMENTAL ADVISORY COUNCIL AGENDA February 4, 2004 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor I. Roll Call I1. Approval of Agenda II1. Approval of January 7, 2004 Meeting Minutes IV. Land Use Petitions A. Planned Unit Development No. PUDZ-2003-AR-3542 "Bristol Pines PUD" Section 35, Township 48 South, Range 26 East V. Old Business VI. New Business A. A discussion of "lake" excavations in Collier County. VII. Council Member Comments VIII. Public Comments IX. Adjournment Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on January 30, 2004 if you cannot attend this meetinR or if you have a conflict and will abstain from votinq on a petition (403-2424). General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. February 4, 2004 record. I. Roll Call -The meeting was called to order at 9:00 o'clock a.m. A quorum was established. Members: Present, Alexandra Ellis, Alfred F. Gal, Jr., Kenneth Humiston, PE, Thomas W. Sansbury, Erica Lynne Excused Absences: Ed Carlson; William Hughes Collier County Staff: Marjorie Student, Esquire; Barbara Burgeson; Bill Lorenz II. Approval of Agenda -Lake excavation discussion to follow land use petitions -Old Business - previous meetings voting conflict forms must be read into the 1. New Business 2. Old Business III. Approval of Meeting Minutes -The January 7, 2004 Minutes were approved unanimously with no changes. IV. Land Use Petitions A. Planned Unit Development No. PUDZ-2003-AR-3542 "Bristol Pines PUD", Section 35, Township 48 South, Range 26 East County Assistant Attorney Marjorie Student swore in all five witnesses who are testifying. -Dwight Ndue, Planning Manager, Waterways Joint Venture IV. Subject property is 22.77 acres, five parcels of ground; 23% of the units are affordable Page 2 February 4, 2004 housing; price points are $129,000 to $160,000; there is no natural native vegetation; there is a one acre preserve on eastern portion of property. The roads are at 25 year three day storm event; grade 13.6 to 14.5. There are gopher tortoises in spoil pile where existing single-family residence is located, a relocation permit is being pursued. -Ms. Lyrm suggested that since gopher tortoises need 25 acres minimum area it might be more suitable to move them to a preserve. It is undesirable to remove tortoises from breeding population. -Mike Myers stated guidelines say that tortoises must be tested for TED, there is not much suitable habitat; land owners do not want them; guidelines require they be moved no more than 50 miles north or south, not necessarily in Collier County. It was moved to approve the petition with the recommendation of staff, motion was seconded, motion carried 6-0. V. New Business A. A discussion of"lake" excavations in Collier County -Stan Lendowski gave a presentation on lake excavation in Collier County. Excavation is being done to acquire fill for development. There are no lakes in Collier County and that is what it was like in 1940. There has been a lot of change in the topography of the area. Some areas have been raised to get them above flood plain. The ecosystem in 1940 had no lake system, the water flow was blocked, canals were built to allow water flow. Fish found in canals are exotics. Water table level affects lake water levels, does Fetch formula work. -Shape of the shoreline is most important. Page 3 February 4, 2004 -Aeration changes surface temperature and eliminates algae. -Change in water column eliminates fish kills. -Temperature is only a problem in very deep lakes. -Recirculation needs to be maintained -Best way to maintain water quality is to mimic nature. -Excessive depth creates problems. -Destratification is accomplished by having water bubble up from the bottom of the lake, which oxygenates the water. -Nitrogen is extremely high in ground water. -Salt water intrusion is possible. -The aquifer needs to be considered. When blasting, dye tracers should be used to determine the effect of blasting. -Ground water and surface water are dynamically connected. -If LDC is changed, dye tracer should be used. -Raising the water table will affect septic systems. -Florescent readers are not expensive. -Re littoral zone, standards have recently been changed to make plantings more successful, improve visual landscape, support wetland plants, provide habitat for a variety of species including wading birds and other waterfowl. -Control elevations will take care of fluctuations. -Shelf elevation must be set based on fluctuations. -Maximum water depths must be set for plants. -Plants can be grouped according to tolerance to water depth. Page 4 February 4, 2004 VI. -There is a 7% urban requirement for plants in the littoral zone, plants should be planted on slope Bulkheads require inverted planting. -Wet retention ponds do not have to be dug in Collier County. -100% not recommended due to economics. -Homeowner associations are beginning to ask about rectifying appearances, retrofit of areas is possible. -Vegetation can be used for filtering. -Cypress trees could be planted in groups, Pond Apple works well, both are less susceptible to drought, trees can be planted on lot line to preserve view. -Homeowner video or booklet is recommended to educate homeowners as to problems and solutions. -Melissa Henning can be consulted re problems. -Water in Collier County needs to be checked for copper, comes from sprays. -Storm water treatment ponds, submerged aquatic vegetation would help keep water clear. -Hydrila is most effective plant for removing phosphorous and if controlled can be a good filter. (Recess from 11:00 to 11:10) Old Business Coastal Construction Setback Line Discussion -Doug Fee, President, North Bay Civic Association expressed concern about draft language. Page 5 February 4, 2004 -Bruce Anderson, LaPlaya Hotel, stated that Collier County should comply with its own ordinances and that the only change needed is Sec. 3.13.6.6, working from draft of 1/26. Mr. Anderson stated that he did not receive copy. Everything is rehash of what Board of County Commissioners voted to kill last month. -Original LDC is still in place. -Mr. Humiston, Mr. Sanford and Mr. Gal declined to vote on the matter because of being employed by entities that could benefit from their votes. It was decided that as there was no quorum, the Committee would move forward with no action. VII. Council Member Comments None VIII. Public Comments None IX. Adjournment The next meeting of the Environmental Advisory Committee will be held on March 3, 2004, at 9:00 o'clock, a.m. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:40 A.M. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman Page 6 29418595728 C~UNTY ATTORNEY 206 POi JAN 0? '04 i2: ii FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL,, AND OTHER LOCAL PUBLIC OFFICERS C3 EI-,e.g'tTIVE ~ AJ~I~31NTIVE WHO MUST FiLE FORM 8B This form is for use by any Person serving at the eau ~r~, city, or other local levet of gpvemment on an appointed or elected beard, council, commission, au~orf~y, dr committee, tt ogees equally to members of advisory and non-advisory bodies who are presented with a voting conflict cf interest under Section 112.3143, Ftodda Statutes. Your respor~sibiliflse under the law whe~ faced with wring opa measure in whtc~t you have a c~nflict of interest will vary greatly depending on whe.~her you hold an electfve nr appointive position. For this reason, please pay close attention to the Instructions on tt~a ~rrn before completing the reverse side and filing Me form. INSTRUCTIONS FOR.COMPUANC~ WITH SECTION 112.3143, FLORIDA sTATuTES A 'p~"'~n holding atective or ap!~,31ntlvs county, munidp~, or other Joca~ public office MUST ABSTNN from voting 'crt a measure which inures to his or her spatial pdvate gain or loss. Each e~ected or appointed local officer also Is proh~lted from knowingly voting on a mea- sqm which inures to the special gem. or Ices ~f a principal (other than a government agency) by whom he orshe la retained (including the parent organization or substdlary cf a corporate pdndl~al by which he or she la retained); to Re spe~al private gain or loss of a relative; or to the special private gain or loss cf a business associate. CommisNoners of community redevelopment agencies under Sec. 163.3t56 or t63.357, F.$,, and officem of Independent s33eclal tax dls~cta elected on a one-acm, oz~e-v~te basis are not prohibited from voting in that capacity. For purposes of this [aw, a =relative" includes' only the office~a i~ather, n~ther' son. daughter, husband, wife, brother, sister, father-in-law, rnother-tn.4aw, son4n-law, and deugbter4mlaw. A ~us[ness associate" meats any per,on or entity engaged in or qan'ying on a business eflterpdse w~th..the officer as e partner, joint venturm', ccowner of property, or cor13orate sha~'ehoider (where the shares of the corporation are not listed on'any nat~nal or ragionat stoc~ exchange). ELECTED OFFICERS: rrt addition tc e~taining from voting I~ the situattons described above, you must dla~ the conflict: PRIOR TO 'THE VOTE BEING TAKEN by publicly stating to the assembly the nature o~ your Interest in the measure on which you ~re abstatnf~g from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and i~IIIlg this fi3rm with the person ~pons[ble for recording the ~es of the meeting, wflo shoulcl incorporate the form in ~e minutes. APPOINTED OFFICERS: Although YOIJ must abstain from voting in the situations described above, y~u othm"wise may participate in these mattered.. However, you must disctoss the nature cf the conftlct before making any attempt ~o Influence the deC~siea, wi~a~her orally or In writing and whether; made by you or at your direction, it= YOU iNTEND TO MAKE ANY A'r-J'EMPT TO INFLUENCE THE DF_,~ISION PRIOR TO THE MEETING AT WHICH THE. VOTE WILL BE TAKEN: · You must complete and file this torm (before matting any al:~mpt to influence the derision) ~ the person r~!..por~lbie for ~ec=ding the min,__~e_~_ ortho meeting, who will Incomomta the form in the minute.. (C~ntlnued cn other side) 1D416595720 COUNTY RTTORNEY 206 P02 JRN 0? '04 12:12 APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the ~ther members of the agency. · The form must be r~ad.pubilcly at/he next meeting after the form is'filed. IF YOU MAKE NO ATTEMPT TO INFLUENCF- THE DECISION EXCEPT BY DISCUSSION AT THE · You must dido'lo, se emily the nature of your ¢onflk;t in ~he nleasure before partlciPa~dng. . · You mu~ c~mplete the form and ~a it within 15 days after the vote c~,-cu~ wl~ the person responsible for recording the minutes of the meeting, who must incorporate the f~'m in the minutes. A copy of the -farm must be provided Immedfately t~ the other members of the agency, and the form must be react publk=ly at the next meeting after the/btm Is measure came or will inured to my special inured t~ the special inured to the spec~ial Inured 1o the special DISCLOSURE OF LOCAL OFFICER's INTEREST come before ray age~"y which (chec~ one) pdvate gain or I~[ gain or Ic:~s of my business aaaocJete, gain er leas of my relive, gain or Ic~se of. whom I am retained; ~r [nured to tile speciaJ gain er IDes of'._ is the parent organization or subsidiary afa principal ~hich has retained me. (b) The'mesaute before my agency and the nature of my c~nfli~ng interest in the measure I$ as follows: wllictl Date Fired NOTICE: UNDER PROVISIONS OF FLORIDA STATUTE~'§li2.317. A FAI[~tJRE TO MAI<3~ ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY SE PUNISHED aY ONE OR MORE OF THE[ FOLLOWING; IMPF--a~HMENT, REMOVAL QR ,~IJSPF_..N~ION FROM OFFICE QR EMPLOYMENT, DEMOTICIM, RF_DUCTION tN SALARY, REPRIMAND, OR A CIVIL 1:3ENALTY NOT TO EXCEE!3 $10,000. C...E FORM sis - ;FF. 1/2000 PAGE 19416595?20 COUNTY ATTORNEY 206 P01 JAN 0? ' 04 12:11 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTy MUNIClPAL, A_ND OTHER LOCAL PUBLIC OFFICERS WHJC. J"'I [ SR.,RYE iS A U~QF;L~ -- WHO MUST FILE FORM aB This form is for use by any person serving at the ~oun.ty, city, m' other total levet of government on an appointed or elected beard, c~undl, commission, authority, or commgate. It applies equally to members of advisory and rrna-advisory bo~es who are presented with a vet/ag corrffict of interest under Section 112.3143, F1odda Statutes, L Your re~bonsibillflea under the law when faced with vo6ng on a meaaum in which you have a c~nfllct of interest will vary greatly depending an whether you hold an elective ar appointive pesil~on. For thi~ reason, please pay cite attention to the Instructions an QlJa term before coml3tetl~g the reverse side and filing the form. INSTRUCTIONS FOR~COMPLIANCE WITH SECTION 112.3143~ FLORIDA sTATUTES A 'p~'~n holding aisctive or appointive county, municipal', or other lnca~ public office MUST ABSTAIN from vottng 'on a measure which inures to his or her speefal private gain or loss. Each elected or appointed local officer also Is prohibited from knowingly voting on a mea- sqm which inures to the special gain. ar loss of a pdl~cii3al (other than a govemment agsnb--y) by whom he er she I~ retained (ir~udil~J the parent organization ar subsidiary of a corporate prindpal by wt~ich he or she la retained); to the special private gain or loss of a relative; to the special pdvate gain or lose of a buaness associate. Comrnissionere of c~mrnunlty redevelopment aganciea under Sec. 1.63.356 or t63.357, F.$,, and officers ef independent special tax dlstrlcta elected on a one-acm, one.v(~le basis ere not prohibited from voting in that ca.city. For purp~.~es of this Jaw, a 'relative" indudes' only the officer's father, r~3ther' son, daughter', husband, wife, brother, sister, father-in-law, mother-ln.4~w, son-in.4aw, and daughter,tmlaw. A ~us[ness associate' meana a~y 13amen or entity engaged in et qarrying on a 5u~iness enterprise with. the officer as a partner, joint venturer, c~owr~r ef property, or cor1~rate shacehotder (where the shares of the corporation are not listed on,any national or regionat atoc~ exchange). ELECTED OFFICERS: ~rt addition t~ al3staining from voting In the situations described above, y~u must d[adiose the conflict: PRIOR TO 'THE VOTE BEING TAKEN by publldiy stating to the assembly the nature o¢ your interest in the measure on which you are abstatnf~g from vettng; and WITHIN 15 DAYS AFTER THE V(3T~_ OCCURS by completing and ~lllg t~s f~rm ~ the pomes re~portsible for rec~rdlrlg the m~- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although y~u must al3at~tn from voting in the situations described above, y6U ctheC~NiSe may parti~ipate in the~e mattem,..HoW~ver, you must disclose the nahum af the conflict before making any attempt to Influe~lce the deoision, wt~ather orally c~r In wrttlng and wt~ethe~ made by you or at y~ur dlr~ction, IF' YOU INTEND TO MAKE ANY AT'TEmPT TO I NFLUF_.NCE THE DE~I..~ION PRIOR TO THE MEETING TAKEN: You must c~mgtete and file this Corm (before rnetdng any nttempt to influence the ctec~ion) with the person re ,sp, ermlble for recording the min,__,te~__ ot the meeting, who will I~corporate the form in the minuta~.. (Continued on other CE FORM 88 - I~=F. 1/2000 P.~3E 1 : 19416595?20 COUNTY ATTORNEY 206 P02 JaN 07 '04 12:12 APPOINTED OFFICERS (continued) · ^ copy of the form must be l=rovided immediately to the c~th~r members =f the agency. · The form must be r~ad.pubiicJy at the next mee~ng after the form is'filed. IF YOU MAKE NC) ATTF..MPT TO INFLUENCe- THE DECISION EXCEPT BY DISCUSSION AT THE ME=_.TING: · You must disclose orally the na~m of your conflbt in ~he measure before pa~cipating. · You rnu~t complete the form and file it within 15 days afire' the vote ~ with the pemon m~pon~lbie for ret°ming the minutes ~f~ha meetlng, who must incorporate the form in the minutee. A c0~Y of the-farm must be provided ]mmedfately to ~he other members of the agency, and the form must be react pub£~cty at the ne.x't meet~g attar the fo~rn is filed. INTEREST (a) A me~re ~ ~ ~1~ ~me b~om m~ a~ whl~ (~ ' inured ~ ~e s~at ~n or I~ of my ~s inured to the spe~al gain o~ Io~ of my relative, redto the special gain , or lose whom I am ~etained; ~ Inured to the speciat gain or oss of' la the parent organization or subaldlary of a principal ~'t~ctl ha~ retained ~e. (b) The'measure before my agency and the nature of my cor~ng interest in the mae Is as follows: Dm~e Filed NO]'iCE: UNDER PROVISIONS OF FLORIDA STATtJTE.~'§II2.3I'~', A FAIMJRE TO IVtAK~ ANY REQUIRED DISCLOSURE CONSTFF[JTE$ GROUNDS FOR AND MAY BE PUNI,~HED BY ONE OR MOIRE OF T'HF- FOLLOWING; [MPF_A:CHMENT, REMOVAL QR SIJSPEN~ON FROM OFFICE OR EMPLOYMENT, DEMOTiC)Id, REDUCTION tN SALARY, REPPJMAND, OR A C~VII. ~ENALTY NOT TO EXC~]=O $10,000. CE FORM 81~ - EFF. 112000 PAGE 2 19416595720 COUNTY ATTORNEY 206 P01 JAN 07 ' 04 12: 1! FoRM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTy,, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS WHO MUST FILE FORM aB This form is for use by any person serving at the cou .n~.y, c~, or other local lavet of g.ovemment on an appointed or elected beard, ~uncil, commission, aut~or~y, or committee, tt al3p{Iss equalty 1= rnernbem of adviso~ and non-advisory bodies v~o are presented with a voting conflict of interest under E~"'flon t 12.3143, Florida Statutes. Your responsibilities under the law when faced with Votrt~ epa measure in which you have a ~nfl[ct of interest will vary gmatJy depending on whe.~her you hold an elective or appointive posith3n. For this reason, please pay ciera attention 1= the Instructions on this form before coml3ieth~g the reverse side and filing the fi3rm. INSTRUCTIONS FOR~COMPLIANCE WITH SECTION 112.3143, FLORIDA sTATUTES A 'p~n holding elective or appointive county, rnt#licJpa~, or ethel' local pubt[c office MIJ~T AI:ISTA~N fern vottng 'on a measure which Inures to his or her spatial private gain or loss. Each e~ectecl or appointed local officer also la prohfblted from knowing~ vi3tll'~ on a mee- sqm which inures to the special gain. or loss of a principaJ (other than · government agency) by whom he or she la retained (including the p~rent organiz~ttan or subsidiary c3t a corporate principal by whirl1 he ~' she la retained); ~ the special private gain or loss of a relative; or to l~e special private gain or loss of a bu~lnssa a~octate. Commissioners of community redevelopment agencies under Sec. 163.356 or t63.357, F.$,, and officers ef independent special tax dls'~lcta elected on a one-acm, o~e-v~e basis are not prohibited from voting in Nat capacity. For purpose-- of this [aw, a 'relative" includes' only the offlcePs i'ather, n'~3ther, s~3n, daughter; husband, wife, brother, sister, father-in-law, rnother-inq~w, sonAn4aw, and daugt~ter~tn-4aw. A 'b~siness desecrate"' means any I:.er~n or entity engaged In ar carrying on a business enterp~se with.the officer a~ · partner, joint venture~, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on'any national or rag!onai stcx~ exchange). ELECTED OFFICERS: ~rt addition to ebstain~g from voting Ir~ the situations described above, you mu~ disclose the conflict: PRIOR TO 'THE VOTE BEING TAKEN by pubiicty stating to the assembJy the nature of your Interest in the measure on which you are abstaining from voting; encl WITHIN 15 DAYS AFTEP. THE VO'i'~ OCCURS by ~3mpleting and fllllrtg this fi3rm with the person re~13onsibie for recording the min- Ces of the meeting, wflo should incorporate the form in the minutes. APPOINTED OFFICERS: AJthough yo~l must abat~tn from voting in the situations described al:ave, y&u Otherwise may participate in these metters,;Ho~VeVer, you must disctose the nature of the conflict before making any attempt tc Influa~lce ~e dehisce1, wflethe~ emily er In writing and whether made by you or at your dlr~tion, iF YOU INTEND TO MAKE ANY A'J-TENIPT TO INFLUENCE. THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WIlL BE[ TAKEN.' · You must (=3replete amd file this form {before rnaldr!g any a'Cempt to influence the dec, ion) with the posen re ,at3onsible for recm'dJng the minL~__,~_ etthe meeting, who will Incorporate the form in the minuteS. (Continued on c~er side) CE FORM aa - EFF. 1/?.0~ P,5...(3E 1 : 19416~9~720 COUNTY ~TTQRNE¥ 206 PO~ C~N 07 '04 12:12 APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other mamDera of the agency. · The form must l~e r~ad,pubiicty at the next mee'dng after the form ts'filed. IF YOU MAKE NO ATTF_MPT TO INFLUENCE THE DECISION EXCEPT aY DISCUSSION AT THE MEETING: You must disclose orally the na~z~ of your conflict ir~ ~he measure before participating. . . You taus1 c~m~lete the form and i~la It within 15 days after the vote o~,-~[j~ wl~ the pet'eon ~eepo~ible for receding the mlnutea of the meeting, wino must incorporate ~he form in the mlnute~. A copy of the-f~rn must be provided lmmedfately to ~he other members of the agency, and the form must be read pub£~cly at ~a next rt~atlng after the fot~ Is fit~. DISCLOSURE OF LOCAL OFFICER':5 INTEREST (a) A measure ~ or wil~ ~me b~om my in~ to my ~ec~l ~vam gain or ~ , inured ~ ~e s~ gain ~ I~ of my b~ln~s [nur~ m ~e sp~l g~n or Io~ of my ml~va, whom I ~ ~ned; ~ In.ed ~ ~ spec~ gain or l~s ~_ la ~e parent o~an~fl~ or subaldla~ (b) ~e'meaa~ b~om my a~n~ and ~e'ne~m ~ my conffi~ng In~r~ in ~ ~ Is ~ ~11~: ___, 20 ~2 Date Flied NOTICE; UNDER PROVISIONS OF FLORIDA STATUTE~'§1t2.317, A FAII~JRE TO MAKE~ ANY REQUIRED DISCLOSURE CONST~UTES GROUNDS FOR AND MAY SE pUNCHED aY ONE OR MOEE OF ~E FO~OWlNG; [MP~HMENT, R~OVAL OR SUSP~ON FROM O~tCE OR EMPLO~E~, DEMO~O~, REDUG~ON IN SA~Y, REPRt~ND, OR A Ci~L PENAL~ NOT TO PAGE 2