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EAC Minutes 07/06/2005 R July 6, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMNETAL ADVISORY COUNCIL Naples, Florida, July 6,2005 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: William Hughes Terrence S. Dolan Lee Horn Ken Humiston Judith Hushon (Excused) Irv Kraut Erica Lynne Nick Penniman Michael V. Sorrell (Excused) ALSO PRESENT: Susan Mason, Senior Environmental Specialist Marjorie Student-Stirling, Assistant County Attorney Steven Griffin, Assistant County Attorney Stan Chrzanowski, Planning Review 1 .>--- ENVIRONMENTAL ADVISORY COUNCIL AGENDA July 6,2005 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 May 4, 2005 Meeting minutes (included in the June 1st mailing) V. Land Use Petitions A. (Continued from May and June EAC) (included in the June 1st mailing) Final Plat and Construction Plan No. PPL-2004-AR-6399 "3500 Corporate Plaza" Section 18, Township 49 South, Range 26 East B. (Continued from June EAC) (included in the June 1st mailing) Planned Unit Development No. PUDA-2004-AR-6279 "Bucks Run PUD" Section 35, Township 48 South, Range 26 East C. Planned Unit Development No. PUDZ-A-2004-AR-6084 "Bristol Pines PUD" Section 35, Township 48 South, Range 26 East VI. Old Business A. Follow-up to the EAC's Informational Requests from the May meeting VII. New Business A. Oustanding Advisory Committee Member Nominations B. Audubon Country Club PUD Bald Eagle Management Plan 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 Julv 1. 2005 if you cannot attend this meetina 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. July 6, 2005 I. Meeting was called to order at 9:01 AM. II. Roll Call Introductions of new Board members Nick Penniman and Terrence S. Dolan. Roll call was taken with Judith Hushon and Michael V. Sorrell being excused. A quorum was established. Mr. Griffin a new County Attorney was introduced. III. Approval of Agenda: Ms. Mason noted that "V.A." the "3500 Corporate Plaza" was heard on June 28th by the Board of County Commissioners so it needs to be removed from the agenda along with "V.c." the "Bristol Pines PUD" which has been continued by request of the applicant. Dr. Lynne moved to approve the Agenda as amended. Second by Mr. Penniman. Carried unanimously 7-0. IV. Approval of May 4, 2005 meeting minutes: Mr. Hughes noted that they were sparse with not enough detail. Mr. Humiston moved to approve the May 4, 2005 minutes. Second by Mr. Horn. Carried unanimously 7-0. V. Land Use Petitions: A. (Continued from June EAC) (included in the June 1st mailing) Planned Unit Development No. PUDA -2004-AR-6279 "Bucks Run PUD" Section 35, Township 48 South, Range 26 East - All those testifying were sworn in by Ms. Student - Disclosures - None PETITIONER Jeremy Sterk, Hoover Planning- The petitioner noted that there is a Water Permit existing on the back portion of the property. The wetlands that have been impacted are made up of Cypress and Pines. There is a narrow road that runs through the wetlands. Three quarters of a credit were purchased from Panther Island for the Army Core of Engineers. (Maps of the area were shown on overheads) The South West tract has an STP for the Church. The anticipated build out of units will be 156, which is a down zone from what was approved. County Sewage will be utilized. Drainage falls into the 951 basin. (Displayed on Map) 2 July 6, 2005 Staff recommended adding stipulations, including obtaining an Environmental Resource Permit from the Water Management District; which has been done. Dean Smith recognized that no extraordinary measures have been taken for herbicides, though they have gone through the Standard ERP Permitting process. There is an Urban Storm Water Management Plan that is part of the ERP that requires "best management practices". Mr. Hughes expressed the need to be cognizant of the designs of homes and water uses, and reclamation. Mr. Humiston moved to approve Planned Unit Development No. PUDA -2004-AR- 6279. Second by Mr. Dolan. Carried unanimously 7-0. VI. Old Business: A. Follow-up to the EAC's Information Requests from the May meeting Ms. Mason reviewed the final results of projects: · Ave Maria SRA and DRI- approved by the Board of County Commissioners 5-0. · Palermo Cove- approved by the Board of County Commissioners 5-0. · Cook Property- approved by the Board of County Commissioners 4-1. · Home Center Plaza- approved by the Board of County Commissioners 4-1. Ms. Mason reviewed the May 4th Meeting Topics: · Florida Green Building Coalition will present at an upcoming meeting. · Staff from the County and Water Management District will have a discussion on the "Lower Southwest Florida Water Resource Study" · Audio Visual is creating an educational segment on litter and roadside trash. · There will be a workshop on the Development Review Process (It was agreed that the meeting would be best not to take place in September or on Thursdays, but otherwise schedules are open.) Mr. Hughes discussed his intent on the Board Report, including housing designs, and giving credits from decreased environmental footprints. VII. New Business: A. Outstanding Advisory Committee Member Nominations - None 3 July 6, 2005 B. Audubon Country Club PUD Bald Eagle Management Plan Ms. Mason reviewed the Plan: · The plan is scheduled to go before the Board of County Commissioners in July. · The Country Club has had a history of a pair of Bald Eagles residing on this property switching between a Northern and Southern nesting site. · Both sites are considered active, with protection zones that have conflicting plans. · The U.S. Fish and Wildlife Service and Wildlife Conservation Commission created a new plan that is believed not to result in a take. · (Maps of area were displayed) · There are lots to be built on within the restricted zones. · The Eagles had moved to the North Site before construction had begun around the South Site, once construction was finished in the South Site the Eagles moved back to the South Site. · The Eagles were not disturbed while construction was going on, so they are considered urbanized. · A new committee has been formed to address Habitat Conservation. - All those testifying were sworn in by Ms. Student-Stirling SPEAKER Collin Flynn noted that the eagles have moved toward the construction activity, and there is anticipation that they will move back to the Southern Site. There are 300 acres to the west of the nests in perpetuity. There are homes that need to be completed. Dr. Lynne responded in that some eagles are becoming urbanized, though research shows they are disturbed by human behavior. She had concerns about relying on The Fish and Wildlife Service since they have admitted to using bad science for panther evaluation. The Fish and Wildlife Service are said to be under political pressure. Mr. Penniman expressed concern about congruency between all Plans coming before the Board. Dr. Lynne encouraged a University with a graduate program to set up a study of eagles. There was discussion on possible actions and a review of the definitions for "incidental take" and "take". Dr. Lynne moved to approve the Audubon Country Club PUD Bald Eagle Management Plan with section 4.5, the "take" statement is removed. Second by Mr. Penniman. 4 July 6, 2005 Mr. Dolan felt that it is Fish and Wildlife Service's place to have the document allow for a "take". Motion carries 5 yes - 2 no with Mr. Dolan and Mr. Humiston voting no. Mr. Hughes asked about having a review ofthe Water Shed/Sewer issues East of State Road 951 and Golden Gate Estates. Mr. Chrzanowski replied that there is such a study being executed under the name of"951 Horizon Study" by the Long Range Planning Department. He will have the head of the study contact Mr. Hughes. Mr. Dolan expressed appreciation for being appointed to the Board. VIII. Council Member Comments Mr. Hughes welcomed the two new members. IX. Public Comments Ms. Burgeson informed the Board that the Environmental Advisory Council will be reviewed. It will be determined if there is a need for two meetings a month or if the Environmental Advisory Council needs to be rolled into the Planning Commission for the Land Use Petitions. A recommendation will be presented to the Board of County Commissioners during the September meeting. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:38 PM. ************ COLLIER COUNTY ENVIRONMNET AL ADVISORY COMMITTEE Chairman William Hughes 5