EAC Minutes 09/07/2005 R
September 7, 2005
TRANSCRIPT OF THE MEETING OF THE COLLIER
COUNTY ENVIRONMNETAL ADVISORY COUNCIL
Naples, Florida, September 7, 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
Erica Lynne
Nick Penniman (Excused)
Michael V. Sorrell
ALSO PRESENT: Susan Mason, Senior Environmental Specialist
Steven Griffin, Assistant County Attorney
Stan Chrzanowski, Planning Review
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ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
September 7, 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 August 3, 2005 Meeting minutes
V. New Business
A. County Attorney's Office presentation
B. Outstanding Advisory Committee Member Nominations
VI. Land Use Petitions
A. Planned Unit Development No. PUDZ-2004-AR-6422
"Mercato PUD"
Section 34, Township 48 South, Range 25 East
B. Conditional Use No. CU-2003-AR-4647
"Jan's Tram's CU"
Sections 23, 24, 25, Township 52, Range 29 East
VII. Old Business
A. LDC amendments - Cycle 2 - 9.04.02 - Port of the Islands
B. LDC amendments - Cycle 2 - Update on exotic removal for TDRs
C. Assessment of the EAC: Functions and Alternative Options
D. Special meeting date and time
E. Update members on projects
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 AUQust 26. 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.
September 7, 2005
Meeting was called to order at 9:00 AM.
I. Roll Call
Roll call was taken with Nick Penniman being excused. A quorum was
established.
II. Approval of Agenda
Mr. Humiston moved to approve the agenda. Second by Mr. Kraut. Carried
unanimously 7-0.
III. Approval of August 3, 2005 Meeting Minutes
Dr. Hushon moved to approve the August 3,2005 minutes. Second by Mr.
Dolan. Carried unanimously 7-0.
Lee Horn joined the meeting at 9:02 AM.
IV. New Business
A. County Attorney's Office Presentation
David Weigel, County Attorney gave a power point presentation on the
Sunshine Law including the following points:
· A manual was supplied to each Committee Member.
· A meeting occurs when two or more members of the same
committee come together to discuss any matter which will foresee-
ably come before that committee.
· There are three requisites for meetings:
Open to the public
Reasonable notice
Minutes taken
· The Sunshine Law does not apply to staff.
· Emails between members with responses that mention a matter that
would foreseeably come before the committee would be a violation
of the Sunshine Law.
· One way email correspondence is permitted.
· Conduit use is not permitted.
· Special meetings are under the Sunshine Law
· Minimal notice of a meeting could be 24-48 hours.
· Meetings in restaurants are not advisable.
· Penalties could be up to $500 and 60 days in jail.
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September 7, 2005
Mike Pettit, Chief Assistant County Attorney gave a power point
presentation on Public Records including the following points:
· The Policy for the State of Florida was given to Committee
Members.
· Any record created or received in connection with official business
for the purposes of communicating, memorializing, or formalizing
knowledge regardless of being in final form is considered public
record.
· Some notes taken could be deemed public records.
· It is advised for Members to have a file to keep any record related
to the Committee, when service ends all records can be returned to
County Staff.
· Disposal of a public record is not permitted.
· The right to privacy is subordinate to the Sunshine Law and the
Public Records Law.
· There are civil and criminal penalties for a violation of the Public
Records Act.
Mike Pettit, Chief Assistant County Attorney gave a power point
presentation on Ethics including the following points:
· Members can not accept bribes.
· Public officers are not to do business with the County.
· Voting Conflicts- not to vote upon a matter that would give a
private gain or loss or the private gain or loss of any principle by
whom you are employed, or private gain or loss of a relative or
associate.
· If a conflict does not exist then voting is required.
· Local Ethics Ordinance:
(Hand-out reference)
Research will be done to determine if the Environmental
Advisory Council has final decision making power. A written
opinion will then be sent out.
No public official may accept a gift directly or indirectly ifhe
or she knows that it was given with the intent to reward or
influence him or her in the performance or nonperformance or
his or her public duties.
Mr. Pettit addressed questions.
The meeting recessed at 9:52 AM, reconvening at 10:02 AM.
B. Outstanding Advisory Committee Member Nominations
None
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September 7, 2005
V. Land Use Petitions
A. Planned Unit Development No. PUDZ-2004-AR-5422
"Mercato PUD"
Section 34, Township 48 South, Range 25 East
_ All those testifying were sworn in by Mr. Griffin.
- Disclosures - None
Wayne Arnold, Director of Planning for Q. Grady Minor &
Associates, P.A. reviewed the project including the following points:
· It is a mixed use proj ect.
· Potential interconnection was provided.
· The project is based on a main street concept.
· Residential will be above retail and office.
· (Displays were demonstrated)
Stuart W. Miller, Senior Project Manager for WilsonMiller reviewed
the project including the following points:
· The site is 53 acres.
· The site had been farm land in the past.
· There is a high level of exotics.
· Offsite mitigation was purchased.
· Their will be 6.3 acres preserved to meet the 25% native vegetation
requirement.
· 4.7 acres of wet land will be enhanced and preserved.
· One gofer tortoise was observed, the burrow is on the land
designated to be preserved.
Questions were addressed.
Wayne Arnold reviewed the project including the following points:
. (Demonstration of development possibilities)
. Reviewed progression of modifications to the layout.
Questions were addressed.
Mark Martin explained connectivity to the surrounding site areas. He
also agreed to the relocation of native plans as a stipulation.
Stephen Lenberger, Environmental Services addressed access points
and demonstrated the best areas to be preserved.
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September 7, 2005
Jim Carr addressed impervious areas and demonstrates the hydraulic
flow. Perimeter berms, drains, and storm pipes were discussed.
Mr. Hughes invited the group to the Special Meeting and expressed his
concern about the project.
Questions were addressed.
Dr. Lynne would like to be invited to see where the listed plants have
been relocated.
Bill Lorenz spoke on the Growth Management Language regarding
maintaining preserves verses recreating. It was recommended to define
"reasonably accommodate" under this particular situation.
Mr. Hughes recommended preplanning for the future.
As expressed my Mr. Humiston, due to the nature of the disturbed
land project, being a good case for an exception he moved to approve
Planned Unit Development No. PUDZ-2004-AR-5422, "Mercato
PUD", Section 34, Township 48 South, Range 25 East with the
stipulation to include staff recommendations #2, #3, and #6 along with
the relocation of listed plant species. Second by Mr. Dolan.
Dr. Lynne felt that the County Staffhas done a great job.
Motion carried unanimously 8-0.
B. Conditional Use No. CU-2003-AR-4647
"Jan's Tram's CU"
Sections 23, 24, 25, Township 52, Range 29 East
- All those testifying were sworn in by Mr. Griffin.
Donald Murray, Project Planner for Coastal Engineering Consultants
Inc. reviewed the project including the following points:
· The construction project will be on a quarter acre site that is
already disturbed.
· The project is for educational and recreational tourism.
· Tour buses/trams will travel along a logging road while an airboat
will travel along finger canals.
Tammy Lyday, Senior Biologist for Earth Balance reviewed the project
including the following points:
· An overview ofthe location was presented.
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September 7, 2005
. A wildlife survey was conducted.
- Mitch House was sworn in by Mr. Griffin.
Mitch House, Owner of Proposed Business noted that this project is to
go along with his existing business to the South. The rides are to be slow;
therefore the pontoon boat will have little displacement. He has had five
year leases on this property for the past eighteen years.
Mr. Hughes suggested having a reference video tape of the property
before commencement.
Heidi Williams, Zoning referenced the conceptual site plans.
Exotic removal will be in the management plan as noted by Mr. Murray.
The leased lands being placed into conservation in perpetuity would need
to be addressed by Mr. Bass, County Commission and the County
Attorney. Mr. House's attorney is willing to give a permanent
conservation easement for the term of the lease.
The road and the affects of the tram on plant life were discussed. Dr.
Lynne does not feel that education will playa part in this project due to
the lack of knowledge for what is on the site. It was recommended to
return with a proposed educational program after an exhaustive survey of
plants has been performed.
Open discussion commenced.
Mr. Sorrell moved to approve the plan with two stipulations of the
legality of "perpetuity" and a survey.
Mr. Sorrell withdrew the motion.
Mr. Dolan moved to continue discussion to the October 5th
Environmental Advisory Council meeting; with the applicants
producing further research on the Conservation Easement and a flora
survey of the project area. Second by Mr. Hughes. Carried 8-0.
The meeting recessed at 12:18 AM, reconvening at 12:27 AM.
VI. Old Business
A. LDC amendments - Cycle 2 - 9.04.02 - Port of the Islands
Stephen Lenberger reviewed the amendments.
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September 7, 2005
Nicole Ryan, Conservancy of Southwest Florida felt that the mangroves
in the area are nice. The mangroves would provide protection for the low
lands. She made a recommendation to have a heightened level of review
and recommendation.
Dr. Lynne moved to approve LDC amendment-Cycle 2- 9.04.02- Port
of the Islands. Second by Mr. Humiston. Carried unanimously 8-0.
B. LDC amendments - Cycle 2 - Update on exotic removal for TDRs
Bill Lorenz gave an update on the amendments noting that each exotic
removal arrangement would be a case by case basis for perpetuity of
maintenance. He addressed questions, and Mr. Hughes suggested having
an account open to handle the perpetuity maintenance funds.
C. Assessment of the EAC: Functions and Alternative Options
Bill Lorenz reviewed a report that was sent to the Board.
Mr. Hughes concern was on citizens giving up rights to manage
government itself; a demise to the culture. He also mentioned that due to
the Environmental Advisory Council function it is imperative that all
things are discussed in a public and open form. He feels that the
Environmental Advisory Council should continue as a watch dog over
critical resources for mutual survival.
Dr. Hushon distributed a letter she had written and gave an overview.
Dr. Hushon moved to have the Committee Members sign the letter in
order to have copies sent to each County Commissioner Board
Member. Second by Dr. Lynne. Carried unanimously 8-0.
Dr. Lynne commented for the record that the biggest problem of
integrating the Environmental Advisory Council function into the
Planning function is the water being muddied in terms of the
recommendations to the Board.
Nichole Ryan agrees with the letter written by Dr. Hushon, and does not
believe there is an existing problem. She recommended to have a
representative from the Environmental Advisory Council speak to the
Board of County Commissioners.
Mr. Hughes asked Committee Members to let the staff know if they are
unable to attend the Environmental Advisory Council meetings.
D. Special Meeting date and time
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September 7, 2005
Special Meeting- Monday September 19th at 9: AM in the front room of
the BCC Chamber. It will be televised.
E. Update members on projects
None
VII. Council Member Comments
None
VIII. Public Comments
Bob Krasowski introduced himself. He suggested air quality to be among items
the Environmental Advisory Council reviews, along with efficient use of material
and waste management. An air quality monitoring system was advised.
Mr. Hughes would like a review of the 21 cubic feet of methane being released
from the dump.
A presentation from the Solid Waste Department along with the Pollution Control
Department will be arranged by the Staff.
There being no further business for the good of the County, the meeting was
adjourned by order ofthe Chair at 1:12 PM.
COLLIER COUNTY ENVIRONMENTAL
ADVISORY COUNCIL
Chairman William Hughes
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