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EAC Minutes 05/04/2005 R May 4, 2005 COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, May 4,2005 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: Mr. William Hughes - Present Dr. Judith Hushon - Present Mr. Ken Humiston - Present Mr. Michael V. Sorrell - Present Mr. Lee Horn - Present Mr. Irv Kraut - Present Dr. Erica Lynne - Excused Absence ALSO PRESENT: Stan Chrzanowski, Engineering Review Marjorie Student-Sterling, Assistant County Attorney 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA May 4, 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 April 6. 2005 Meetinç¡ minutes V. Land Use Petitions A. Special Treatment Permit No. ST-2004-AR-6055 "AI-Khatib Sinçle-Family Residence" Section 14, Township 51 South, Range 25 East B. Final Plat and Construction Plan No. PPL-2004-AR-6399 "3500 Corporate Plaza" Section 18, Township 49 South, Range 26 East C. Site Development Plan No. SDP-2004-AR-6495 "TwinEaç¡les Phase II" Sections 17 and 20, Township 48 South, Range 27 East D. Development of Regional Impact No. DRI-2004-AR-6293 "The Town of Ave Maria" Sections 31-33, Township 47 South, Range 29 East Sections 4-9, 16-17 Township 47 South, Range 29 East Section 36, Township 47, Range 28 East VI. Old Business A. Haldeman Creek Restoration Project and Dredge Disposal Site (Results of the sediment testing for Haldeman Creek and a copy of the aerial photo identifying sampling locations are available upon request - cherirollins@collierQov.net) VII. New Business A. Oustanding Advisory Committee Member Nominations B. Discussion regarding potential subcommittee topics C. New Chairperson election VIII. Council Member Comments IX. Public Comments X. Adjournment ******************************************************************************************************** Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on April 28. 2005 if yOU cannot attend this meetinç or if yOU have a conflict and will abstain from votinç 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. May 4, 2005 I. Meeting was called to order at 9:00 A.M. II. Roll Call- A quorum was established. III. Approval of Agenda: Motion was made to move item "VII. C. New Chairperson Election" to the beginning of the agenda with a second. Motion carries unanimously. Staff Changes to the agenda: Land use petition "V. B." is going to be continued at the request of staff; Land use petition "V.D." we added a companion item SRA- 2004-AR-6896. IV. Approval of April 6, 2005 Meeting minutes: Motion was made to accept the April 6, 2005 minutes with a second. Motion carries unanimously. V. New Chairpersons Election A. Chairperson Motion was made to nominate William Hughes for the position of Chairperson of the Environmental Advisory Council with a second. Motion carries unanimously. B. Vice Chairperson Motion was made to nominate Ken Humiston for the position of Vice Chairperson of the Environmental Advisory Council with a second. Motion carries unanimously. VI. Land Use Petitions: A. Special Treatment Permit No. ST-2004-AR-6055 "AI-Khatib Single-Family Residence" Section 14, Township 51 South, Range 25 East * Persons sworn in. * Conflicts: One conflict due to petitioner being a client of the firm. A vote will not be taken, but rights to participate in the discussion were reserved. Tim Hall, Turrel & Associates- (Review of petition) (Power Point Presentation) Under "VII. 3. and 5. Recommendations" specifies the relocation of the chickee hut within 30 days of issuance of the Special Treatment Permit and that construction shall not occur between May 1- October 31; these two times need to coincide. Plantings will be in all three strata. 2 --- May 4, 2005 * Maria Barnet sworn in. Maria Barnet- I am the designer for the residents. The owners live in Naples and will be using this property seasonally. The water is supplied by cisterns while electric will have solar panels with a generator back-up. It will also have solar hot water heating. There are two other homes utilizing the same system and they are working great. Motion was made to accept the petition Special Treatment Permit No. ST -2004-AR- 6055 "AI-Khatib Single-Family Residence" Section 14, Township 51 South, Range 25 East with the provision of moving the chickee hut within 30 days after Sea Turtle nesting season completion, with a second. Motion carries unanimously. B. Final Plat and Construction Plan No. PPL-2004-AR-6293 "3500 Corporate Plaza" Section 18, Township 49 South, Range 26 East *Continued C. Site Development Plan No. SDP-2004-AR-6495 "Twin Eagles Phase II" Sections 17 and 20, Township 48 South, Range 27 East * Persons sworn in. Stewart Miller, Environmental Project Manager for Twin Eagles Phase II, Wilson Miller- (Review of petition) (Power Point Presentation) This site has already been cleared for nearly three decades. The golf course has been designed and will be managed in accordance with The Audubon International Gold Signature Program. (Review of design under program) There is a single oak tree and about 20 cabbage palms that contain some commonly found plants that are on the FDA list. It is not a requirement, but the applicant has agreed to relocate either the host trees or the plants to natural appropriate areas on the site. Twin Eagles was given the award of Excellence in the business community category for its work to protect, enhance, and restore the community's natural resources. In the projects post development scenario it will have more native vegetation than exists now. Dominick Amico, Agnoli, Barber & Brundage- The irrigation supply for this project is from the existing water use permit. All withdrawal facilities for Phase II are located and built on Phase 1. This project is located within the Orange Tree Utility Service area, the current and I believe the future plant is not permitted for irrigation reuse. We have a daily allocation limit. *Roxanne Gause sworn in. Roxanne Gause- There has been three environmental site assessments on this property. There have also been several Phase II environmental studies on the property. They had done extensive ground water, soil sampling, and sediment sampling. Twenty-nine 3 May 4, 2005 Arsenic samplings were recently performed. All of the samples have shown nothing above ground water or soil clean-up target levels. Mr. Hughes- We would like to see maximum water conservation. Public Comment: *Nicole Ryan sworn in. Nicole Ryan, Conservancy of South West Florida- The conservancy does not have any problems with this specific petition before you. This is the first golf course to go through under the new Rural Fringe amendments. This brings up questions about the County's role of oversight and review. We had wanted the County to have a list of there own criteria placed in the land development code. Dr. Hushon- Collier County has more golf courses than any other County within the United States. Golf course management should be a very high concern to the County. Mr. Hughes- The lakes can be built at the same time, or consecutively as long as it is being monitored. Mr. Humiston moved to approve without the restrictions on build timing of the lakes; that they may be built consecutively for Site Development Plan No. SDP- 2004-AR-6495, "Twin Eagles Phase II", Sections 17 and 20, Township 48 South, Range 27 East. Second by Mr. Kraut. Motion carries unanimously. D. Development of Regional Impact no. DRI-2004-AR-6293 (Companion to SRA-2004-AR-6896) "The Town of Ave Maria" Sections 31-33, Township 47 South, Range 29 East Sections 4-9,16-17 Township 47 South, Range 29 East Section 36, Township 47, Range 28 East Bill Lorenz, Environmental Services Director- There are two items that occur within the Rural Land Stewardship Areas (RLSA) they are the Stewardship Receiving Areas (SRA) where development is allowed to occur and the Stewardship Sending Areas (SSA) which are the areas that have a high degree of environmental sensitivity where we direct development away from. This petition is coming to the EAC as a SRA and a DR!. Page 5 of the petition was showing an inconsistency regarding the water quality loading analysis, but it does conform to the post development loading analysis. Therefore it is appropriate. * Persons sworn in. George Varnadoe, Law firm of Cheffy, Passidomo, Wilson & Johnson- (Review of petition) (Power Point Presentation) 4 "___'H·_·' May 4, 2005 (Open Discussion of Review) Mr. Varnadoe- We are getting an increase in density due to the fact that the land owner has set aside some of the more environmentally sensitive lands which generates more credits. These towns are designed densely to make them very walk-able, or bike-able. The developers have agreed to take Oil Well Rd. to a four lane; in that design there will be a major mammal wildlife crossing. Mr. Hughes- It is not our code yet, though, things we are going to be looking for in the future are, water conservation, more natural ground cover, and any architectural things that can be done to enhance the water situation should be considered. I can see in the future a need to maintain right of ways for potential use of trams and to utilize the solar energy. You have a perfect location for setting an example of harmony with nature and minimal energy intrusiveness. John English, Professional Engineer- The irrigation system is not 100% determined at this time. It will have at least 6 lakes or as many as 12. The treatment will be advanced secondary. (Open discussion of lighting, having surfaces more permeable, build out limitations, and solid waste.) Public Speakers: Nancy Payton, Florida Wildlife Federation- The number six sending area has management plans for listed species. There will be restoration in Kamp Keais along with a wildlife crossing. We have panther and wildlife crossings under control. Brad Cornell, Collier County Audubon Society- This is a very reasonable, promising and creative project; we are supporting and promoting it. The towns SRA and DRA have minimized their impacts to the lands which they will be building on. Mr. Humiston moved to approve the Development of Regional Impact no. DRI- 2004-AR-6293"The Town of Ave Maria" Sections 31-33, Township 47 South, Range 29 East Sections 4-9,16-17 Township 47 South, Range 29 East Section 36, Township 47, Range 28 East. Second by Mr. Kraut. Carried unanimously 6-0. Mr. Humiston moved to approve the Companion to SRA-2004-AR-6896 "The Town of Ave Maria" Sections 31-33, Township 47 South, Range 29 East Sections 4-9, 16- 17 Township 47 South, Range 29 East Section 36, Township 47, Range 28 East. Second by Mr. Kraut. Carried unanimously 6-0. Ten minute break. VII. Old Business: 5 May 4, 2005 A. Haldeman Creek Restoration Project and Dredge Disposal Site Review ofproject and location through a Power Point presentation. Open discussion on sample results. Mr. Hughes- This was a good presentation so that everyone even without the background can understand. This will be a good start in the collection of data on the environment. VIII. New Business: A. Outstanding Advisory Committee Member Nominations B. Discussion regarding potential subcommittee topics Bill Lorenz- There is one standing subcommittee which is the "Growth Management Subcommittee". Mr. Hughes- I would like to open general discussion on key topics for which there is concern to do research utilizing County, State, and Federal resources to develop a scientific data base to suggest changes in our codes. Open discussion on possible new subcommittees such as light pollution, sound pollution, alternative housing design utilizing local, State, and Federal data, grey water system, hyperponics, cisterns, and passive or active solar energy. Mr. Hughes moved to have the environmental services staff request, from the State of Florida, Department of Environment Protection, Environmental Protection Agency, and the Florida Homes Builders Association, any design criteria for houses in South Florida to minimize environmental impact. Second by Mr. Kraut. Mr. Lorenz- You may want to consider a board member being involved in the Habitat Conservation Plan Committee. Potential amendments to the Growth Management Plan are also something you might want to be involved in. I have been tasked to work with utilizing preserves for things other than just passive recreation, such as water quality. Having an EAC subcommittee with regards to water resources could be a standing committee. We could also get a person from the Green Building program to be brought in and give a presentation. Mr. Hughes withdrew his motion. Dr. Hushon moved to have interaction with the Habitat Conservation Plan Development and follow up with them in a more active way. Without a second the motion will not be considered. 6 May 4, 2005 Mr. Lorenz- Any individual can be on two committees, so anyone of you can be on that committee. Mr. Hughes- I would like to set up a review of departments in order to have validated testing. Dr. Hushon- We need a check list of procedures for Golf Courses following the Audubon's Gold Certificate. Mr. Lorenz- We could develop a check list of all environmental standards and requirements. Golden Gate Estates should be looked into. Mr. Hughes moved to have the County Public Information Group produce a television commercial to run on our County channel about the importance of not littering. Second by Mr. Kraut. Motion carries unanimously 6-0. IX. Council Member Comments- None X. Public Comments- None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:54 PM. ***** COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman, William Hughes 7 .-.-.-.-...- FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS 1< NAME OF SOARD, COUNCIL, C0)1MI~10N.:I-UTHORITY. OR COMMITTEE , r:: h VIYtl'1n~ /ldvL<;OYI. ~h( THE SOARD, COUNCIL. COMMISSiON, AUTHORITY OR C MMITTEE ON WHICH I SERVE is A UNIT OF: o CITY OUNTY NAME OF POLITICAL SUBDIVISION: I.J OTHER LOCAL AGENCY LAST NAME-FIRSf;~E-MIDDLE NAME ./-/ /---fLA.-trY! L.5 1(~V1 /'~'1 MAILING ADDRES~ / /J '5 '2 tf !;hav¿,..A)O/7 DYI VC-- CITY COUNTY M {p//;-ey (~S DATE ON WHICH VOTE OCCURRED h c< 'I 2-00) MY POSITION IS: o ELECTIVE APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person seNing at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are 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 which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN 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 knowingiy 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 parent organization or subsidiary of a corporate principal by which he or she is retained); 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 redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, 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 venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). *. ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEiNG TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DÄYS 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. APPOINTED OFFICERS: """'ough you must abstain from voting in the situations described above, yóu otherwise may participate in these matters. However. you ,t disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . 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 wiil incorporate the form in the minutes. (Continued on other side) PAGE 1 CE FORM 88 - EFF. 1/2000 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 fonn 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 publiciy at the next meeting after the fonn is filed. I, /<.¿ PI h bit; DISCLOSURE OF LOCAL OFFICER'S INTEREST /-!un? (5 ~, , hereby disclose that on Mc«/ y I ,20 oS : (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, X inured to the special gain or loss of /( C& ,4'; / ~-i' '" .41- /~) 'í J¡ b , by whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of 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: , which A c<v ~ Date Filed Signature /4-.-.. ~7 é ; / ',' ¿;7;>, 1-005- NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFF¡èE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2