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EAC Minutes 11/03/2004 R November 3, 2004 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD Naples, Florida, November 3, 2004 LET IT BE REMEMBERED, that the Environmental Advisory Board in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Alfred Gal William Hughes Judith Hushon Ken Humiston Michael V. Sorrell ALSO PRESENT: Stan Chrzanowki, Engineering Review Barbara Burgeson, Environmental Specialist Marjorie Student, Assistant County Attorney 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA November 3,2004 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor I. Roll Call II. Approval of Agenda III. Approval of September 30, 2004 Meeting minutes IV. land Use Petitions A. Planned Unit Development No. PUDZ-2003-AR-3608 "Orangetree PUD" Sections 13, 14,23 & 24, Township 48 South, Range 27 E V. Old Business VI. New Business A. Total Maximum Daily load presentation by Eric Livingston, D.E.P. B. Workshop presentations of Sunshine law/Ethics/Public Records/Ex-Parte ~ Wednesday, November 24,2004 from 8:30 a.m. to 10:00 a.m. ~ Friday, December 10, 2004 from 2:30 p.m. to 4:00 p.m. C. Consideration of a special meeting to review proposed TDR amendments to the GMP VII. Council Member Comments VIII. Public Comments IX. Adjournment ******************************************************************************************************** Council Members: Please notifv the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on October 29. 2004 if yOU cannot attend this meetina or if yOU have a conflict and will abstain from votina 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. November 3, 2004 I. Meeting was called to order by Chairman Alfred Gal at 9:03 AM. Roll call was taken with Joe Gammons being excused. A quorum was established. II. Approval of Agenda: Item C. will not need to be considered today it will be considered in the December meeting. William Hughes moved to approve the agenda. Second by Ken Humiston. Carried unanimously 5-0. III. Approval of September 30, 2004 Meeting minutes: Judith Hushon moved to approve the Minutes. Second by William Hughes. Carried unanimously 5-0. IV. Land Use Petitions: A. Planned Unit Development No. PUDZ-2003-AR-3608 "Orangetree PUD" Sections 13, 14,23, & 24 Township 48 South, Range 27 E * Persons sworn in * No Disclosures Kelly Smith of Davidson Engineering- The Plan was originally adopted in November 1989. Several changes have been made including recent amendments. Developments have been made since this time. Several changes have been proposed such as an increase in residential density to 3,750 over the 2,100 units permitted at this time, this is a 1,650 unit increase. In the commercial zoned district and increase is being requested from 60,000 sq. ft. to 309,000 sq. ft. this would be an increase of 249,000 sq. ft. The document is being brought into current standards for PUD documents including the language. Questions- Alfred Gal- Is this part of a settlement agreement? Are the amounts of dwelling units a bargain amount? Kelly Smith- Yes Marjorie Student- Ms. Student was not with Collier County when the settlement agreement was made, therefore she does not have first hand knowledge of what transpired in the negotiation process. The history involved North Golden Gate Estates there was to be 8,000 units. There was a law suit about vested rights that occurred. This was the settlement of the lawsuit about the vested rights. The settlement agreement provides the terms and conditions are binding upon the 2 November 3, 2004 successors and run with the land. The PUD document does give provisions for amendment. Planning can answer more questions in regards to this. Kelly Smith- The settlement agreement vested 2,100 dwelling units, while providing that more units may be added on. It provided for permitting a greater density. Marjorie Student-It is the comprehensive plan that allows for this provision. Judith Hushon-Amazed at the small amount of wildlife on the site, only 4 animals on the entire site. The land has been so disturbed that the site needs to be cleaned up and make it inhabitable to bring the animals back. Jeremy Sterk-Table #2 of the survey is animals observed on the site. While table one is what could have been on the site. The site is extremely disturbed, it is under construction and there is a golf course in operation. Jeff Davidson- Site development plans are submitted. There is a core of engineer review of the site. Permits were given twelve years ago. Collier County continues to review each phase. William Hughes-The water tables are being raised to the south? And above the water field? Jeff Davidson- Everglades modification should not affect this high area. A well system for Orangetree water treatment plant exists so water is being held back. It is being recharged according to the State requirement. The pits are up to the Land Development code requirement. William Hughes-There is a future projection to meet the water and sewage needs for the 3,100 homes. Jeff Davidson- There is enough water, the sewage is being upgraded. There is a new reclaimed water filtrations system in order to help make it a self-sustaining development. Stan Krasowski- This project is totally surrounded by Golden Gates Estates. Golden Gates Estates has no water retention. Everyone is tapping into the same aquifer. Golden Gates Estates now has 10,000 units out of 30,000 possible units. When it approaches the 30,000 units with everyone being tapped into the same aquifer the problems will come up quickly unless the system stays ahead. William Hughes- A drought occurred in 1999 and 2000, how deep were the wells depressed in that area? 3 ---- November 3, 2004 Jeff Davidson-The wells are around 70-100 feet. DDP was just issued to allow for two more wells. Stan Chrzanowski-The wells were depressed around 6 feet. A well 2 miles east was completely dry, those were surface wells. Jeff Davidson-The wells were estimated to be 10 feet above sea level, he has not seen an abnormal drop, even during the dry season. William Hughes- Development is happening at such a rate that you can't deny citizens the right to use the property but at the same time taking care not to damage the surrounding community. These are long term issues. Could one of the buildings be a demonstration of technology to show alternative resources? Utilizing the large amount of energy that we have? Looking at a way for the future. Stan Chzranowski-Doing away with grass would help. Jeff Davidson- It is running off of reclaimed water William Hughes- 30 gallons of water come off of his A/C unit a day, which would be a usable high quality water source. Using solar energy to cool a house. The standard of mutual survival needs to be studied. Judith Hushon- Are the small lakes drying out in the dry season? Jeff Davidson-No, he has never seen the lakes drop below 10 feet. There is plenty of water in the lakes, and they have not looked unsightly. There is a large Golf Course that is well maintained. Public Comments- None Michael V. Sorrell- What will go into the proposed extension of the Commercial Unit? Jeff Davidson-All of the Commercial density is in the triangular piece that is only between 8-9 acres (Pointed area out on a map). It is slated to be an office. The residence would like to have a shopping center. Michael V. Sorrell- (Reference to map) On the bottom comer, are all the stacked covert pipes? Will a traffic signal be required in this area? 4 November 3, 2004 Jeff Davidson-The County tells when a traffic signal is warranted. Orangetree would like to have a traffic signal put in. At this time there is no plan to put one m. William Hughes- Would it be possible to have one unit set up? Jeff Davidson-He is not the builder to be able to answer that. William Hughes-Move to approve with consideration that one unit is developed as a model to show potentials for alternative technology. Ken Humiston-Second Motion Carried unanimously 5-0. V. Old Business: A. None VI. New Business: A. Total Maximum Daily Load presentation by Eric Livingston, D.E.P. Eric Livingston- Presentation given in power point Comments- William Hughes- How are the sample points derived? Eric Livingston- Prioritized, evaluation of water and existing monitoring programs. Judith Hushon- Are South West Florida Management district's current water monitoring program included? Eric Livingston- There are data sufficiency issues along with data quality issues that have to be looked at. There are legal requirements that have to be followed. Judith Hushon- It is not required when registering herbicides to have a water plant test. She is concerned about the run off of these herbicides, and there is no data to evaluate the affect. Eric Livingston- He has no legal authority to enter into this issue. The issue has been raised in the passed. There aren't any water quality standards given by the E.P.A. There are sediment tests that can qualitatively evaluate this, and hot spots can be identified. 5 November 3,2004 Ken Humiston- Two different groups took samples that came back as unrealistic samples. What is the quality control for date? Eric Livingston- 20 data elements are included such as time of collection, holding time, minimum detection level, and methodology of analysis. Data will be rejected if it is not sufficient. The date received has to be validated. Collectors are given training and the laboratories are under national accreditation programs. Audits are performed to make sure they are all followed. Judith Hushon- The Gordon River was on the list, does it include Naples Bay? Eric Livingston- No, Naples Bay is a separate water body. Stan Chzranowski- Do you ever audit the codes to see if it is friendly to the program? Eric Livingston- Weare happy to do that, just send a request and where the code is located. Michael V. Sorrell- Under the SURP Program in the management plan it has always been a dumping ground, 70,000 yards of contaminated soil was found. This soil is going to be put around homes instead of being burned, or taken out. Eric Livingston- This may fall under the clean soil criteria. William Hughes- Thanked Eric Livingston for coming. Would like Stan working with Eric Livingston about the Codes. Public Speakers: Gary Davis, Conservancy of South West Florida- Supports the time taken to support the issues and thanked Eric Livingston. The Conservancy has been very involved in these programs. Estuaries in South West Florida are homes at some point in their life cycles to 95% of our commercially important fish species. The language was changed so that the County would develop the water sheds. Some plans are in process already such as the SWIM, and Water Management. DEP, USEP A and Water Management can all be partners. The Conservancy would be willing to work together with the County in taking a look at the codes. Please consider the Conservancy as a resource. Demonstration facilities are needed as mentioned previously. B. Workshop presentations of Sunshine Law/Ethics/Public Records/Ex-Parte * Wednesday, November 24, 2004 from 8:30 AM to 10:00 AM * Friday, December 10, 2004 from 2:30 PM to 4:00 PM Barbara Burgeson- This is not required but highly recommended. 6 November 3, 2004 Barbara Burgeson- Lighting pollution is being looked into. It has been found that Collier County is nearly double the maximum allowed Candle foot permitted, and is higher in comparison to other Counties. Stan Chzranowski- Corrections are going to have to be made, it is unknown who is working on water shed management. William Hughes- Glad to see real issues are being worked on now. VII. Council Member Comments None VIII. Public Comments None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:55 AM. COLLIER COUNTY ENVIRONMNET AL ADVISORY COMMITTEE Chairman Alfred Gal 7