EAC Minutes 08/03/2005 R
August 3, 2005
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY ENVIRONMENTAL ADVISORY COUNCIL
Naples, Florida, August 3, 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
Irv Kraut (Excused)
Erica Lynne (Excused)
Nick Penniman
Michael V. Sorrell
ALSO PRESENT: Susan Mason, Senior Environmental Specialist
Marjorie Student-Stirling, Assistant County Attorney
Steven Griffin, Assistant County Attorney
Catherine Fabacher, Principle Planner Zoning and Land
Development Review
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ENVIRONMENTAL ADVISORY COUNCIL
REVISED (7/26/05) AGENDA
August 3, 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 July 6, 2005 Meeting minutes
V. Land Use Petitions
A. (Continued from July EAC)
Planned Unit Development No. PUDZ-A-2004-AR-6084
"Bristol Pines PUD"
Section 35, Township 48 South, Range 26 East
B. Special Treatment Permit No. ST -6366
"Catarsi Single-Family Residence"
Section 24, Township 51 South, Range 25 East
VI. Old Business
A. Assessment of the EAC: Functions and Alternative Options
VII. New Business
A. Oustanding Advisory Committee Member Nominations
B. Proposed LDC amendments - Cycle 2
C. Proposed LDC amendments - Cycle 2a
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 Julv 29. 2005 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.
August 3,2005
I. Meeting was called to order at 9:01 AM.
II. Roll Call
Roll call was taken with Irv Kraut and Erica Lynne being excused.
III. Approval of Agenda
IV. Approval of July 6, 2005 Meeting Minutes
Mr. Penniman noted in the minutes is was stated that he was concerned about
congruency between plans before the Board, his actual concern was with the Fish
and Wildlife Service with whom the County relies on heavily and has been
changing their mind and science.
Mr. Penniman moved to approve the May 4, 2005 minutes. Second by Mr.
Humiston. Carried unanimously 7-0.
V. Land Use Petitions
A. (Continued from July EAC)
Planned Unit Development No. PUDZ-A-2004-AR-6084
"Bristol Pines PUD"
Section 35, Township 48 South, Range 26 East
- All those testifying were sworn in by Ms. Student-Stirling.
PETITIONER
Dwight Nadeau, Planning Manager for RW A gave a Power Point Presentation
including the following points:
· Twenty two acres are being added.
· This will be an affordable housing project for 292 dwelling units.
· It will be deemed 10% low income; or between 60% to 80% of median income
for Collier County.
· There are 5.08 acres of native vegetation.
· There is full compliance with the Land Development Code.
Board members expressed concerns about pipes running under the connecting road along
with an animal cross-under in the same location.
Mike Myers, Passarella & Associates noted that the tortoises to be relocated were
entombed. Staff was notified and fines were paid for six burrows.
Mr. Nadeau mentioned that the bulldoze operator went beyond the taped boundary.
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August 3, 2005
Ms. Mason informed the group that monitoring of species has not been able to occur but
they are brining in a new staff person in October.
Mr. Sorrell discovered in his research that no one is monitoring as to whether the
relocation program is working.
Dr. Hushon moved to have a culvert added to the plan for animal passage under the
connecting road. Second by Mr. Penniman.
Mr. Nadeau mentioned that a drainage pipe would not be permitted in conservation
areas; it would have to be installed for habitat purposes only.
Motion carried unanimously 7-0.
A. Special Treatment Permit No. ST-6366
"Catarsi Single-Family Residence"
Section 24, Township 51 South, Range 25 East
- All those testifying were sworn in by Ms. Student-Stirling.
- Mr. Humiston obtained voting.
- Disclosures- None
PETITIONER
Cara Kade, Tarrell and Associates gave a presentation including the following points:
· This is a single family residence.
· The proposal is for a residence and chickee hut.
· Three gopher tortoises will be relocated on the site.
· Fencing will be in place while construction is under way.
· Construction traffic will enter through an existing path.
· It is believed that there are no mangroves on the pathway; if gopher tortoises are
found they will be temporarily relocated (Reference to pictures)
Steven Lenberger noted that the lot is nonconforming.
Dr. Hushon moved to except petition Special Treatment Permit No. ST-6366,
"Catarsi Single-Family Residence", Section 24, Township 51 South, Range 25 East
with the addition of a resource evaluation on the path just as it has been done within
the construction area. Second by Mr. Dolan. Motion carries 6-0 with Mr. Humiston
abstaining.
VI. Old Business
A. Assessment of the EAC: Functions and Alternative Options
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August 3, 2005
Ms. Mason presented the progress including the following points:
· From January 2003 to July 2005 two meetings were canceled by staff
due to lack of land-use petitions and no other items on agenda.
· From January 2003 to July 2005 two meetings were canceled due to
lack of quorum.
· There are 18 EISs under review so heavily scheduled meetings are set
for the remainder of the year.
Dr. Hushon addressed what had been printed in The Naples Daily News. She
noted that the Board members spend a lot oftime reviewing for the meetings,
and are not paid for the service. The job ofthe Board is to second guess for
the City Council. Removing this Board would be a removal of citizen rights.
Mr. Penniman read from the County Code.
SPEAKER
Nicole Ryan, Conservancy of Southwest Florida expressed that the
Conservancy feels that this Board is a very important part of the County
review process. She would like to have the EAC expand out; and encouraged
the Board to have a representative at the September 13th BCC meeting.
Bill Lorenz informed the Board that an Executive Summary will go before
the manager. There are other functions for the EAC. The County is to have a
technical advisory group to oversee the continued development of the
environmental program which is filled by the EAC.
Alternative actions that are being looked at:
· Having one or more alternate members of the Board so that a quorum
can be established.
· Establish a quorum under the members present.
· Look at the number and types ofprojects for review and set different
thresholds so less come before you.
Board members expressed their thoughts on the need for the Environmental
Advisory Board, and the need for improving the Environmental Advisory's
website. Mr. Hughes addressed the need of the Board to the citizens.
Mr. Hughes volunteered to attend the Board of County Commissioners
meeting on September 13th.
Mr. Hughes requested to schedule an additional meeting of the Board to
review for the purpose of a report to the County Commissioners addressing
alternative construction techniques pertinent to environmental impacts; with
an invitation extended to all those interested.
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August 3, 2005
Ms. Mason said she would work on the arrangements.
VIII. New Business
A. Outstanding Advisory Committee Member Nominations
None
B. Proposed LDC amendments - Cycle 2
Catherine Fabacher, Principle Planner of the Zoning and Land
Development Review, Reviewed the Land Development Code Amendments
Summary Sheet:
· Section 1.08.02- No changes
· Section 2.01.00- No changes
· Section 2.01.03- "passive" added in between the words
"nondestructive" and "recreational" under G., f.
Dr. Hushon moved to approve sections 1.08.02, 2.01.00, and 2.01.03 with the
addition ofthe word "passive" under 2.01.03, G., f., second to the last line in the
paragraph. Second by Mr. Dolan. Carries unanimously 7-0.
· Section 2.03.01- No changes
· Section 2.03.07- No changes
Mr. Hughes moved to approve sections 2.03.01 and 2.03.07. Second by Mr.
Humiston. Carries unanimously 7-0.
· Section 2.04.02- No changes
· Section 2.04.03- No changes
· Section 4.02.14- No changes
Mr. Dolan moved to approve sections 2.04.02, 2.04.03, and 4.02.14. Second by Mr.
Penniman. Carries unanimously 7-0.
· Section 4.03.02- No changes
· Sections 4.03.03, 10.02.01, 10.02.02, 10.02.03, 10.02.04- No changes
· Section 4.05.03- No changes
· Section 4.06.02- No changes
· Section 4.06.05- No changes
Mike Sawyer, Senior Planner with Zoning and Land Development reviewed sections
4.06.02 about the buffer requirements, and 4.06.05 about general landscaping
requirements.
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August 3,2005
Mr. Penniman moved to approve sections 4.03.02, 4.03.03,10.02.01,10.02.02,
10.02.03, 10.02.04,4.05.03,4.06.02 and 4.06.05. Second by Mr. Hughes.
Mr. Humiston suggested slopes to be defined in the records.
Mr. Penniman amended motion to include Mr. Humiston's suggestion.
Motion carries unanimously 7-0.
· Section 4.07.02- No changes
· Section 5.05.08- No changes
· Sections 5.06.04, 5.06.06, 5.06.07- No changes, Dr. Hushon made
mention of box signs blowing out due to wind.
· Section 6.06.03- No changes
· Section 9.04.02- No changes
· Section 10.02.06- No changes
· Section 10.02.13- No changes
· Section 10.03.05- No changes
· Section 10.08.00- No changes
Dr. Hushon moved to approve sections 4.07.02, 5.05.08, 5.06.04, 5.06.06, 5.06.07,
6.06.03, 10.02.06, 10.02.13, 10.03.05, and 10.08.00 excluding 9.04.02. Second by Mr.
Sorrell. Carries unanimously 7-0.
C. Proposed LDC amendments - Cycle 2a
David Weeks gave an explanation on TDRs and the management with an
open discussion.
IX. Council Member Comments
Mr. Dolan asked about the Audubon Country Club Bald Eagle Management Plan
update, with Ms. Mason noting that the language needed to remain for the permit
of a take.
X. Public Comments
None
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August 3, 2005
There being no further business for the good of the County, the meeting was
adjourned by order of the Chair at 11:11 PM.
COLLIER COUNTY
ENVIRONMNETAL ADVISORY COMMITTEE
Chairman William Hughes
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
NAME OF BOARD, COUNCil, 90M)jllSSION, AUTHORITY, OR COMMITTEE;
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DATE ON W ICH VOTE OCCURRED
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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 greatJy depending
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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 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 (incluuing 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
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ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disdose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicfy stating to the assembly the nature of your interest in the measure on which you
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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.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, yóu otherwise may participate in these matters. However, you
must disclose the nature of the conrlict before making any attempt to influence the decision, whether orally or in writing and whether made
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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 will incorporate the form in the minutes. (Continued on other side)
CE FORM 88 - EFF. 1/2000
PAGE 1
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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
/<1L'HI ~ J./UIY1 ( S f()11 ,hereby disclose that on !f"1.JJ H ') f .3
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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;
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inured to the special gain or loss of ð dl-c.--"l-·~ç/ Cl .Iy/" &,J-o (...fi!.. Lc.-ÁO J'ç ¡'
whom I am retained; or
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(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
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NOT1CE: 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 SUSPENS10N FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCT10N IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 . EFF 1/2000
PAGE 2