EAC Minutes 03/02/2005 R
March 2, 2005
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY ENVIRONMNETAL ADVISORY COUNCIL
Naples, Florida, March 2, 2005
LET IT BE REMEMBERED, that the Environmental Advisory
Council 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
Erica Lynne
Lee Horn
Irv Kraut
ALSO PRESENT:
Stan Chrzanowski, Engineering Services
Patrick White, Assistant County Attorney
Susan Mason, Senior Environmental Specialist
Page 1
ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
March 2, 2005
9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building "F") - Third Floor
I. Call to Order
II. Roll Call
III. Approval of Agenda
IV. Approval of February 02, 2005 Meeting minutes
V. land Use Petitions
A. Special Treatment Permit No. ST -2004-AR-6229
Site Improvement Plan No. SIP-2004-AR-6189
"Haldeman Creek Restoration Project and Dredge Disposal Site"
Sections 10,11,13,14 & 15, Township 50 South, Range 25 East
B. Site Development Plan Amendment No. SDPA-2004-AR-6611
"Ritz Carlton Naples Beach Pavilion" Section 32, Township 48, Range 25
VI. Old Business
A. Update regarding Listed Species Workshop
VII. New Business
A. lDC Amendments
B. Outstanding Advisory Committee Member Nominations
VIII. Council Member Comments
IX. Public Comments
X. Adjournment
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Council Members: Please notify the Environmental Services Department Administrative
Assistant no later than 5:00 p.m. on February 24. 2005 if yOU cannot attend this meetinQ 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.
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March 2, 2005
I. Meeting was called to order at 8:59 AM.
II. Roll Call- A quorum was established.
III. Approval of Agenda:
Item 6 will be continued due to an emergency by the presenter Bill Lorenz.
IV. Approval of February 02, 2005 Meeting minutes:
Mr. Humiston- Page 43, second line down refers to main low instead of mean
low. My name was abbreviated to four letters.
Page 47 should say "proximity to the golf, a sensitive environment". Page 80
should say "you also have a club house,". Page 45 should say" when it is time to
diagnose is there a problem"
William Hughes moved to approve the Minutes. Second by Ken Humiston.
Carried unanimously.
V. Land Use Petitions:
A. Special Treatment Permit No. ST-2004-AR-6229 Site Improvement Plan
No. SIP-2004-AR-6189 "Halderman Creek Restoration Project and Dredge
Disposal Site" Sections 10, 11, 13, 14 & 15, Township 50 South, Range 25
East
* Persons sworn in
* No Disclosures or Conflicts
Jeff Tabor, PBS&J- (Reference to Power Point Presentation) Weare looking at
possible funding sources. We have already submitted applications for permits
from the Army Corps and DEP. The project should take about three years.
Hydraulic dredging is recommended. Mitigation will be off site.
Mr. Humiston- How do you propose to manage the disposal so that the areas do
not get too full?
Mr. Tabor- There will be two to three wet and dry cycles during the process.
Ms. Hushon- What cautions have been taken with rain rush?
Mr. Tabor- There will be multiple levels of weirs, they can be sealed. Berms
will be lined. The projects will be staged.
Page 2
March 2, 2005
Ms. Hushon- Has there been a chemical analysis review?
Mr. Tabor- (Reference to Power Point Presentation) Copper and arsenic levels
are high and above commercial use.
Ms. Hushon- Mangroves will be smothered if it runs off the site incorrectly.
Mr. Tabor- The exits are away from the mangroves. There will be language
provided by the DEP to make sure mangroves will not be impacted. There will
also be persons on site to make sure there will not be any impacts.
Lee Wisher- If we have a large rain event the pipe is designed to take the
overflow to be filtered and confined. There are silk curtains to confine it to the
geo-textile area. Coarse grain is all that will be left. 80 samples were taken. A
landfill has stringent chemical testing requirements. The test results are available.
The records can be entered for public review.
Mr. Hughes- This is a very large filtration for any kind ofreal flow rate.
Mr. Wisher- It will be a natural settling rate, which would go into the pipe with a
secondary settlement time. If there is an event then the curtains would retain.
Mr. Hughes- If the turbidity goes beyond the threshold then you will shut down.
Mr. Wisher- Yes.
Ms. Hushon- How much draft do you expect?
Mr. Tabor- A foot and a half to two feet. It may be stacked in the middle.
Mr. Wisher- There are two phases. The fine grain will be down first for which
there will be no stacking. The stacking will be after the fine grain has left the site.
Mr. Kraut- With the two cells, how close are they to residences?
Mr. Tabor- There is about 100 feet from the cell. There are no anticipated gases.
Weare not anticipating any major odors. There is an existing access road that
will be utilized.
Ms. Lynne- When the project is done what will happen to the property?
Mr. Tabor- The owner is looking to have 10,000 cubic yards to remain on site.
County staff can address the potential development of this property.
Ms. Lynne- Doesn't dredging need to be maintained?
Page 3
March 2, 2005
Mr. Tabor- I would say it would not be needed for another fifteen to twenty
years. Preventative measures can be taken.
Mr. Gal- Who requested that this project be done?
Mr. Tabor- The residence were the first to request. The owner of the property
was not one of the initial ones. The County is paying for this project.
Ms. Hushon- Where are the 35,000 cubic feet to be removed going?
Mr. Tabor- It is to be determined, but it is set to go into the landfill. The
operation should last around 6-8 months.
Ms. Lynne- Can someone tell me about the "S" curve, it looks like a natural area
to me.
Mr. Tabor- This area is the only natural area, it will be marked with 7 channel
markers. There are no anticipated impacts.
Mr. Kraut- Have all funds been allocated?
Ms. Bishop- We have received grants. We expect to get additional funding. The
budget estimate is at $3.3 million. This project has been on the books for many
years. So the funding will be available.
Kevin Doolittle, Solid Waste Department- All the leach aid is piped.
Mr. Humiston- The main issue is of the turbidity. Ifit is properly managed it
will work, if not, there is the risk of release of turbidity into the area. The DEP
permit will require the monitoring. If it is adhered to, I will support this project.
Mr. Humiston moved to approve. Second by Mr. Hughes. Carried unanimously.
. B. Site Development Plan Amendment No. SDPA-2004-AR-6611 "Ritz
Carlton Naples Beach Pavilion" Section 32, Township 48, Range 25
*Conflicts:
Mr. Humiston- I am going to excuse myself because my firm was involved in
obtaining the Department of Environmental Protection permit.
*No Communications
Mr. White- I received form "8B" in regards to the conflict. I don't know if you
want to delve into it any further as to ifthere is an actual or perceived conflict due
to the continuation of the contract.
Page 4
March 2, 2005
Justin Martin- The permits have been approved, and did not have anything to do
with the environmental aspects of the project.
Mr. White- I take it that the contractual relationship has been completed, if you
want to abstain from voting it would signify an appearance of a conflict.
* Persons sworn in
Ms. Lynne- I spoke with to Barb Burgeson yesterday.
Justin Martin- (Reference to photograph) There is an existing beach building.
We would like to expand and raise the building to a second story. (Reference to
Project Board) This is located within the Pelican Bay Fringe.
Karen Johnson, Regional Manager for Wilson Miller Ecological Services-
We have retained our Gopher Tortoise relocation permit. There will be a
temporary dune impact. We have also retained FDEC Sea Turtle protection plan.
The construction will not be done during tortoise season. The vegetation will be
replaced. There will be a .001 walkway impact to the wetlands. This is not a
natural wetland. The vegetation will be replaced at a 3 to 1 ration. The mangrove
limbs will be tied back if needed. The entire area to be impacted will be .009.
We have no objection to the recommendations put forth by the Environmental
Staff.
Ms. Hushon moved to approve.
Ms. Lynne- If someone came in today asking for a restaurant seaward of the
coastal construction set back we would not be inclined to approve that. The
original permit began as a platform for wildlife viewing. The next step was a
single story building. This project is legal but is a far cry from a wildlife viewing
platform.
Mr. Martin- (Reference to the Project Board) There are plenty oflocations to
view wildlife.
Ms. Lynne- How many exotics are in the area now?
Ms. Johnson- Exotics are limited. We have agreed to the removal of the exotics.
Ms. Lynne- Your report said there are around 14-20% of exotics in that area.
Your previous permits included keeping that area free of exotics. My concern was
not the amount of viewing area but seaward of the coastal construction set back is
not a place for a two story building.
Ms. J ohnson- In 1985 there was a resolution approving the second story building.
Page 5
March 2, 2005
Edd Starous- It is not a restaurant in a traditional sense. It would be used as a
restaurant during the holiday season; at all other times it would be used in the
same way it has been for the passed 20 years as a banquet facility. Barbara had
mentioned doing more functions in the facility and not on the beach.
Mr. Hughes- The beach access is to be hardened?
Ms. Johnson- This access was set so that it would not have to be hardened. We
are working with Barbara.
Mr. Humiston- Will the access route be used to bring in other materials or just to
bring the rig on and off.
Bill Ernest, Travel Crew Company- We hope to have the rig off by May first.
The only other activity that it might be used for would be to bring a crane in.
Justin Star- The path will be tilled upon removal of rig.
Second by Mr. Horn. Motion passed unanimously with one abstaining.
VI. Old Business:
A. None
5 minute break
VII. New Business:
A. LDC Amendments
Ms. Mason- Page 84 paragraph "c. 1." should be deleted it is addressed in
paragraph "0" on page 85.
Ms. Hushon- It appears there are 4 ways of getting a TDR credit.
Stan Litsinger- There is a base TDR awarded at severance. There are early entry
bonuses. There are also additional TDR credits for restoration and maintenance,
removal of exotic, and application of maintenance plan.
Ms. Hushon- On page "6 C" it says 2005.
Mr. Litsinger- That is an error, and should be corrected.
Ms. Hushon- I like the concept of villages. I have a problem with early entry. I
am not sure why we should give incentives to developers that are quit capable of
developing at their own rate.
Page 6
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March 2, 2005
Mr. Hughes- No one is taking advantage of this program.
Ms. Lynne- One of the environmental organizations had concern that we were
moving too quickly.
Mr. Litsinger- Development incentives lead to recouping financial rewards. If
this will help to retain lands in conservation status and help to realize the type of
development we prefer to see, we see this as a win, win.
Mr. White- The substance of your recommendation will be weighted to the
proportion to environmental issues.
Ms. Hushon- I would like to see the concept of relocation of threatened and
endangered species. Page 88 "C" does not have any definition of major and
mmor.
Mr. White- I do not know what was intended by the provision, however I share
your concerns.
Ms. Mason- We did have difficulty in defining major and minor. It does refer to
a definition in the land development code.
Mr. Chrzanowski- It was set up previously that if an individual turned their lanai
into a room of the home or added a shed in the property they were required to
have exotic removal before getting a certificate of occupancy. The owners quite
frequently would never get a certificate of occupancy just for the shed. The home
owner adding the new room didn't have to deal with it unless they tried to sell the
home. It became an enforcement nightmare. A room addition would be major.
Ms. Mason- So you would like to have the language under "88B" changed.
Page 4 & 53:
No Changes
Page 77:
Mr. Humiston- The suggested language prohibits trimming of native vegetation.
It is regulated by the state. This would prohibit persons living on the beach to do
selected trimming to preserve views.
Ms. Mason- This is not anything the County can permit, so this is just for
clarification so that pruning can be done correctly. These areas are intended to be
native retention areas, not landscaped areas.
Page 7
March 2, 2005
Mr. Humiston- Without this language some selected pruning could be done?
Ms. Mason- No it was never a permitable procedure. There is no specific
prohibition without this language.
Mr. Humiston- It is my recommendation that paragraph "E" be deleted to allow
for selected pruning.
Ms. Mason- The County does not allow trimming for views now. There is a
history in a lot of these properties where people would go in and damage the
plants, not allowing them to grow to their natural form.
Mr. White- I am only aware of vegetation trimming being authorized under State
rules.
Mr. Humiston- The state regulates beach trimming.
Mr. Humiston moved to delete this addition and accept State Policy. Second by
Mr. Sorrell.
Mr. Gal- I am inclined to leave it with staff comments.
6 apposed 2 in favor. Motion fails.
Fred Reischl- A beach is a fluid ecosystem. The State DEP has trimming
guidelines but they offer a permit that allows for maintenance that does not
damage plants. With the stipulation of a certified arborist, it would preserve the
property owners right to alter the vegetation and still preserve the dune.
Ms. Lynne moved to accept 3.03.3.06.8 with staff recommendations. Second by
Mr. Hushon. 4 apposed 4 in favor. Motion fails.
Mr. Hughes moved to accept staff recommendations with the addition of a
certified arborist to do the trimming when necessary.
Page 79:
Mr. Humiston- I have a concern about "D5" page 81. This is saying that if a
storm pushes sand into landscaped yards that the sand can not be removed and the
landscape can not be replaced. I do not think it is appropriate to prohibit the
removal of sand that has washed over, and use the sand in dune restoration.
Ms. Lynne- The problem is that there are some areas landscaped with non-native
vegetation. I think the idea is that when the dynamic beach action occurs, and
goes back to sand it needs to stay as sand. Maybe we need a definition of how far
away from the beach.
Page 8
March 2, 2005
Mr. Hughes- Can we define how large of an event before we say no.
Ms. Mason- We can ask the appropriate Code Enforcement staff to come back to
the next meeting. This is only referring to land seaward of the CCSL.
Mr. White- There are a lost of possible options. Some of these are not legal
issues, they are a mixture of facts and law. If the pad of the building is not under
water, it is my understanding that it would be able to be rebuilt.
Mr. Humiston- Can we ask staffto bring it back at our next meeting?
Mr. White- I believe the time line may allow your comments to still have
meaning to the Board of Commissioner. As long as it gets to the BCC it can be
heard.
Mr. Hughes- I would like to see more of a definition and have staff come back.
Page 83-86:
Ms. Lynne- On page 84 letter "E" talks about replacement ofthe removed
vegetation within 14 days; they could put back the original vegetation.
Ms. Mason- They are looking into adding LDC amendments that would cover
relocation on site.
Ms. Lynne- If the native vegetation can be preserved you are maintaining genetic
diversity.
Ms. Lynne moved to accept the code as written with the suggestion that listed
species not be destroyed but relocated or restored onto site. Second by Ms.
Hushon. Carried unanimously.
Paragraph "I" looks like a good place to put the language.
Page 87:
No Changes
Page 88:
Ms. Hushon- I had made the suggestion under "C" , that we delete the word
"major" and alter the wording to put the exceptions up at the end of the first
sentence.
Ms. Hushon moved to remove the concept of major and make it so that it applies
to any addition to a single or two family lot with the exception of tents, awning,
Page 9
March 2, 2005
cabanas, and screened in enclosures. Second by Ms. Lynne. Carried
unanimously.
Page 91 :
No Changes
Page 94:
No Changes
Page 158:
Mr. Humiston- I have the same comment about the vegetation trimming.
Mr. Humiston moved to approve with the deletion of paragraph "2D" on page
159. Second by Mr. Sorrell. 4 apposed 4 in favor. Motion fails.
Bruce Anderson, Roetzel & Andress Law Firm- I represent the Contractors and
Builders Association. The early bonus is in there because we are in a race against
the market. This is modeled after the early entry bonus that is available in the
Rural Land Stewardship area. That bonus period is five years, unlike the one
today which is three years. The Conservancy had withdrawn any of its
opposition. You getting early preservation of sending lands.
Mr. Humiston moved to accept staff recommendation. Second by Mr. Hughes.
Carried unanimously.
Mr. Gal moved to approve amendments 2.03.08,3.05.07,3.06.06,4.06.04 A & B.
Second by Mr. Humiston. Carried unanimously.
VII. Council Member Comments
Mr. Hughes- The items covered today are extremely serious and need serious
consideration to a grandfather clause to existing conditions pertinent to
catastrophic events that may take place in the future.
Ms. Hushon- I would like to thank the staff for highlighting the environmental
Issues.
Mr. Hughes- I would like to thank our stenographer from the last meeting who
was incredible, we received a word for word book. I was very impressed.
Ms. Lynne- I do not understand why Barb Burgeson was not here.
Page 10
March 2, 2005
Ms. Mason- She is the Corporate member in Hanson. It was unavoidable for her
not to attend. Hanson is our first priority.
B. Outstanding Advisory Committee Member Nominations
Ms. Hushon- The application form on the web site will not open.
Mr. Gal- My term expires in April.
Mr. Hughes- I nominate Alfred Gal.
Mr. Chrzanowski- Does everyone have all ofthe web site lists. I will email
them.
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 11 :43 AM.
COLLIER COUNTY ENVIRONMNETAL
ADVISORY COMMITTEE
Chairman Alfred Gal
Page 11
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FORM 88 MEMORANDUM OF VOTING CONFLICT FOR
COÙNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
NA,\i1E OF BOARD. COUNCIL. COMMISSION, AL/THORf1ì'. OR COMMlTïEE
;;:" 1/11'~/1II~~ Ad Vf.-'i. 0 ú~c-/l
THE SOARD. COUNCIL COMMISSION, AUTHORITY R COMMITïEE ON
WHICH SERVE IS A UNIT OF:
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LAST NAME~FIRST NAME-MIDDLE NA,I,IE
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COUNTY
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WHO MUST FILE FORM 88
This torm is for use by any person serving at the county, city, or other local le'le! of government on an appointed or elected board, council,
commission, authority, or committee. It applies equaily to members of advisory and non-advisory bodies who Õ.re presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in whic.'1 you ha'/e a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please põ.y close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLJANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ASST AIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
p;:¡rent urganizatlOn or subsidiary of a corporate principal by which he or she is ret",ined); to the special private gain or loss of a relative: or
to the special private gain or loss of a business associate. Commissioners of community rede'/e!opment agencies unc::er Sec. 1 õ3.35õ or
lõ3.357, F.S., and officers of independent special t",.X districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relõ.tive" includes only the officer's rather, mother. son, daughter, husband, wife. trother, sister, father-in-I",'::,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturér, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
:::LECTED OFFICERS:
n addition to abstaining from voting in the situations described above, you must discJose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publidy stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
\PPOINTED OFFICERS:
,Hhough you must abstain from voting in the situations described above, ypu otherwise may participate in these matters. However, you
lust disclose the nature of the conflict before making any attempt to influence the decision, whether oraJly or in writing and whether made
y you or at your direction. -
: YOU INTE:ND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
AKEN:
You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting. who will incorpo.ate the form in the minutes. (Continued on other side)
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APPOINTED OFFICERS (continued)
· A copy of the form must be provided immediately to the other members of the agency.
· The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
· You must disclose orally the nature of your conflict in the measure before participating.
· You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,
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, hereby disclose that on
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(a) A measure came or will come before my agency which (check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate.
inured to the special gain or loss of my relative,
inured to the special gain or loss of
, by
whom I am retained; or
-'1- inured to the special gain or loss of
~ "e,'¡'~ ~ý/IOVl NA¡4Ú& ~ ¡Jav/!t¿....,
, which
is the parent organization or subsidiary at a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
l1y ¡;¡I"1'11 ?LÇ)(['!-e-/ f/-...e p~!t:¡IÓ/1.e.;- ¡",;M O~Ia¡;II;/--tl.t..Ç~ "J ¡¿:::(¿:¡n~
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After consultation with the County Attorney, I abstained trom voting on the above matter pursuant to Section 286.012, Florida
Statutes, which provides that "no member of any state, county, or municipal governmental board, commission or agency who is
present at any meeting of such body at which an official decision, ruling or other official act is to be taken or adopted may abstain
trom voting. . . except when, with respect to any such member, there is or appears to be, a possible conflict of interest under the
provisions of 112.311, S.112.313, or S.112.3143. In such cases, said member shall comply with the disclosure requirements of
S.112.3143."
jV)/{vA 2/ -..00)" ~ ~r~
Signature
Date Filed
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REOUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAYBE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT~
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SAlARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - REV. 1/98
PAGE 2
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