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EAC Minutes 10/05/2005 R October 5, 2005 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, October 5,2005 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 Judith Hushon Irv Kraut Erica Lynne Nick Penniman Michael V. Sorrell ALSO PRESENT: Susan Mason, Senior Environmental Specialist Steven Griffin, Assistant County Attorney Stan Chrzanowski, Planning Review Marjorie Student-Stirling, Assistant County Attorney Barbara Burgeson, Sr. Environmental Specialist 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA October 5, 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 September 7,2005 Meeting minutes V. land Use Petitions A. Conditional Use No. CU-2003-AR-4647 - Continued from September 7 Meeting "Jan's Tram's CU" Sections 23, 24, 25, Township 52, Range 29 East B. Site Development Plan No. SDP-2003-AR-4620 "41 T Corporation Industrial Facility" Section 10, Township 48 South, Range 25 East C. Planned Unit Development Rezone No. PUDZ-A-2005-AR-7422 "Wolf Creek PUD" Section 34, Township 48 South, Range 26 East D. Planned Unit Development No. PUDZ-A-2004-AR-6126 "Sabal Bay PUD" Sections 23, 24, 25, 26 & 36, Township 50 South, Range 25 East Section 19, Township 50 South, Range 26 East VI. Old Business A. Update members on projects VII. New Business A. Outstanding Advisory Council Member Nominations B. Environmental Advisory Council Absences C. Chairperson and Vice-Chairperson election D. Potential changes to the GMP and lDC and requst from staff to activiate the GMP Subcomittee to review changes. E. Member resignation 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 Seotember 30. 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. October 5,2005 I. Meeting was called to order at 9:11 AM. II. Roll Call Roll call was taken. A quorum was established. III. Approval of Agenda Item "V., 8." has been continued by applicant request. Dr. Hushon moved to approve the agenda. Second by Mr. Dolan. Carried unanimously 8-0. IV. Approval of September 7, 2005 Meeting minutes Dr. Lynne felt that page six under "Jan's Trams" where it read "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" was an inaccurate account of what had been expressed. Her meaning was that there wasn't any evidence of an educational plan presented. She noted the misspelling of "by" on page five under Land Use Petitions. Dr. Lynne also felt that the reason for approval of the motion under "VI., A" was the land being disturbed, in an urban area, and the use of Smart Growth Principles brought environmental benefits. Mr. Hushon moved to approve the September 7, 2005 minutes with changes. Second by Mr. Kraut. Carried unanimously 8-0. V. Land Use Petitions A. Conditional Use No. CU 2003-AR-467 - Continued from September 7 Meeting "Jan's Tram's CU" Sections 23, 24, 25, Township 52, Range 29 East - Disclosures - Dr. Lynne and Mr. Sorrell visited the site. - All those testifying were sworn in by Mr. Griffin. Donald Murray, Project Planner for Coastal Engineering Consultants Inc. introduced presenters. A video of the site was made available. He reviewed the project giving a demonstration of the project on maps. Amanda Koonjebeharry, Resident Botanist, a botanical survey was perfonned 25 feet off of the logging road. No plants were found on the shell filled road. The canals were also surveyed with a finding of exotics (species list given). Relocation of native plants is possible when exotic removal takes places due to the path of boats. 2 October 5, 2005 Steven Griffin noted the pennanent conservation issue not having been worked out. A pennanent conservation easement needs to be set aside for this type of pennit. "Pennanent" was not defined in the code, therefore it would revert back to the ordinary meaning; the dictionary defines "pennanent" as - no reverting back, perpetual. Marjorie Student-Stirling added that under the Growth Management Law development orders can not be granted unless they are consistent with the Compo Plan which is a matter of State Statute. Ray Bass, Attorney representing Jan's Trams is willing to grant a pennanent conservation easement for the duration of the lease. A fonnal presentation of legal rights and theories has not been made to Mr. Weigel. It is ultimately the County Commissioners call. There is no distinction between ownership and lease as noted by Steven Griffin. A further review is possible. Dr. Lynne mentioned the site as a particularly nice area for an environmental tram ride. The pontoon boat ride would require vegetation trimming. She recommends approval with the stipulations of no improvements to the road, no cutting of the oaks and hardwood hammock, and relocation of listed species within the canal. Panther impact evaluation will occur at the time of dock pennitting. Dr. Lynne moved to approve Conditional Use No. CU 2003-AR-467- Continued from September 7 Meeting, "Jan's Tram's CU", Sections 23, 24, 25, Township 52, Range 29 East, with the conditions that there are no improvements made to the road bed, no cutting of oaks in the hardwood hammock, and listed species that need to be moved to make the canal navigable be relocated. Dr. Lynne then agreed to amend the motion including other comments to require an educational program as part of the trip, licensed mangrove pruning, and weekly vehicle oil inspection with records. Second by Dr. Hushon. Mr. Sorrell commented on the transfer station being filled with exotics. Motion carries 8-0. B. Site Development Plan No. SDP-2003-AR-4620 "41 T Corporation Industrial Facility" Section 10, Township 48 South, Range 25 East Continued. 3 October 5, 2005 C. Planned Unit Development Rezone No. PUDZ-A-2005-AR-7422 "Wolf Creek PUD" Section 34, Township 48 South, Range 26 East - All those testifying were sworn in by Mr. Griffin. - Disclosures - None Richard D. Yovanovich, Goodlette, Coleman & Johnson, P.A. Attorneys at Law introduced himself and other presenters. Jeremy Sterk, Hoover Planning & Development mentioned the original Wolf Creed PUD being approved in 2003, the issue before the Committee is an amendment. The amendment is to add approximately 30 acres. There are just over 11 acres of wet lands. Portions already have pennits. He reviewed the individual parcels. The wet lands have been made the highest priority, with approved district pennits. Connection between wetlands of approximately 77 feet across is proposed. This would also allow the possibility for wildlife crossing between preserves. At the point where the road separates the preserves it will be gated, so the traffic will be at a stop. Mr. Y ovanovich mentioned that standards are being met for the Land Development Code. The connection between wetlands will give wildlife a potential corridor. Under the Comprehensive Plan the selection criteria are being met; the first being an upland buffer, which is being met; the second is listed plant and animal species habitat, there are none; the third is zyric scrub, there are none; the fourth being dune and strand hardwood hammocks, which there are none; the fifth and sixth are dry prairie pine flat woods and other upland habitats which are being addressed. County Staff has asked for a letter from State and Federal agencies that will not respond. Mr. Hughes suggested adoption of code to submit to the board as issues come up. Norman J. Trebilcock, A.I.C.P., P.E., Q. Grady Minor & Associates, P.A., demonstrated hydrologic drainage (maps shown) and addressed the 25 years stonn preparedness. Mr. Yovanovich reviewed staff recommendation of denial under the Comprehensive Plan. The first reason being the need to have a final jurisdiction wetland detennination from the Core and Water Management District before a recommendation can be made as to the appropriateness of the preserves; sighting policy 6.2.6. Mr. Y ovanovich does not believe this to be a correct interpretation. Policy 6.2.1. which is under the same objective requires the requested pennits at the time ofpennitting, not zoning. Policy 6.2.4. ties back to use of wet lands as preserve area if 4 October 5,2005 consistent with a pennit. It does not read for a wetland detennination at the time of zoning. The second reason for denial goes under the priority of the preserves and the corridor. Policy 6.1.1. sets the priorities. If stipulations are necessary then it is proposed to have the PUD Master Plan approval with two conditions: Wetland areas identified pursuant to the Southwest Florida Water Management District Pennit. The corridor must be identified in the fox squire Management Plan. Summer Rocke, Environmental Services noted: · Preserve selection is based on, first: areas known to be utilized by listed species or that service corridors, second: onsite wetlands, third: wetland habitat. · Technical assistance has not been received as requested. · Score needs to be .7 or greater. · The northern preserve area is not a wetland. · EIS requires the jurisdictional line. · Scores are needed to detennine if the wetland fulfills criteria as seen in the GMP. · Staff can not detennine wetland lines. Barbara Burgeson, Environmental Services noted: · Priority ranking requires the first area identified for preservation be ones known to be utilized by listed species or will function as wildlife corridors. · Two squirrel nests (gray or fox was not known) were identified. They are not in the specified preserve areas. · The potential fox squirrel sitting is just north to the designated corridor area. · The second propriety is for high quality wetlands. · It is preferred to have separated larger areas, than two preserve areas identified by a corridor that does not meat priorities. · The only way a Collier County wetland can be defined is to have it identified by South Florida. Mr. Sterk mentioned that repeated requests have been made to Southwest Florida Water Management District for the J.D. Due to a lack of staffing they will not do it until a pennit is sent. Ms. Mason noted that the preserves are not truly connected due to the road. Dr. Lynne moved to deny based on the fact that there isn't sufficient information to make the best determination of where the preserves 5 October 5, 2005 should be and preservation of listed species on site. Second by Mr. Penniman. Motion carries 5-3 with Mr. Kraut, Mr. Hughes and Mr. Dolan opposed. Ms. Burgeson pointed out that they can apply for an application for review in order to get a jurisdictional detennination. It is also possible for a discussion during the interagency meeting. Discussion on the potential for Collier County to have a contract employee with South Florida. It was suggested for the presenters to come back to the Committee with more infonnation. Recessed at 10:47 AM, reconvening at 10:59 AM. D. Planned Unit Development No. PUDZ-A-2004-AR-6126 "Sabal Bay PUD" Sections 23, 24, 25, 26 & 36, Township 50 South, Range 25 East Section 19, Township 50 South, Range 26 East - Disclosures - Mr. Dolan sustained due to a voting conflict. - All those testifying were sworn in by Mr. Griffin. Mr. Dolan left the meeting at 11 :00 AM. Bob Mulhere gave a presentation including the following points: · Introduced presenters. · The area of discussion is 2,416 acres located south of Thomason Drive. · Demonstration oflands for project (map reference). · Commitments from the DRI have been or will be met. · The D.R.I. will be abandoned, and rezoned to P.U.D. · Original DRI allowed for 4,000 dwelling units; 1,999 are being requested. · Original DRI allowed for a combination of commercial, office and retail up to 796,500 square feet; 2,000 square feet of retail and 60,000 square feet of office are being requested. · A portion of the project has already been developed. · Original DRI allowed for 600 wet 200 dry slips; no marina is being requested. · 45 golf holes were pennitted; 18 holes are requested. · 600 hotel rooms were pennitted; a maximum of 250 hotel rooms are requested. · All of requested numbers are maximums. · Staff is recommending approval. 6 October 5, 2005 Mr. Passarella, Passarella & Assoc., gave a presentation including the following points: · Demonstration on maps. · Addressed vegetation with reference to overhead. · Wetland jurisdictional detennination has been conducted. · Canal construction and hwy 41 has altered historic drainage which has altered wetlands. · Demonstration of impacts. · Addressed listed species surveys and results. · Three bald eagles nest, nest histories, and construction proximity addressed. · Demonstration of exotic coverage (map reference). · Demonstration of plan map. · Preservation of majority of gopher tortoise nesting sites with a maximum of 5 tortoises per acre. · Gopher tortoise nests off preserve will be relocated. · Vegetation preservation requirement for the project is 25%; actual preservation is 225%. Edward R. Griffith, WCI Communities, Inc. gave a presentation including the following points: · Two archeological sites of significance were identified, they are within preservation areas. · Notification is required if anything of significance is discovered during construction. The State does not allow unauthorized visitation of the historical site. Dr. Lynne suggested funding a graduate student gopher tortoise study. Tom Logan introduced himself. Discussed paper published on bald eagles that concluded that where guidelines were applied bald eagles continued to be productive. Another study analyzed rural and urban nest sites with the conclusion that where the nest persisted and the food source was adequate, young were successfully raised. Dr. Lynne would like to see literature not from a government agency. Emilio J. Robau, P.E., RW A Consulting gave a presentation including the following points: . Addressed water management and water flow. . Lely Canal reconstruction is in the public's interest, gives better reliability on drainage, and has environmental benefits. 7 October 5, 2005 · Water quality treatment was addressed as a paramount issue. · 50% more water quality than required is planned. · Pesticide proximity to water bodies addressed. Developmental practices have changed. Nutrient management and pest management are integrated into golf course management; along with no spray zones. There is a training process of residents so that the management process can be carried through. Dr. Hushon requested a copy of chemical analysis. Green building will be part of the community. Mr. Kraut left the meeting at 12:28 PM. Questions were addressed. Public Speakers- Nicole Ryan, Conservancy of Southwest Florida expressed concerns with water quality due to high quality wetlands and uplands, along with the proper protection of the preserves. There is a draft for potential new law. The Conservancy of Southwest Florida has been assisting with the draft. They would like to make sure the conservation easement is in perpetuity. The applicant has agreed to incorporate the Conservancy into the easement. E. Dr. Hushon moved to accept Planned Unit Development No. PUDZ-A- 2004-AR-6126, "Sabal Bay PUD", Sections 23, 24, 25, 26 & 36, Township 50 South, Range 25 East, Section 19, Township 50 South, Range 26 East with staff recommendations, along with a tortoise relocation success study. Second by Mr. Penniman. Carried unanimously 6-0. Recessed at 12:35 PM, reconvening at 12:50 PM. Mr. Dolan rejoined the meeting as 12:50 PM. Chairman Hughes resolved to move items of discussions considering timing. VI. New Business A. Potential changes to the GMP and LDC and request from staff to activated the GMP Subcommittee to review changes. Bill Lorenz, Environmental Services Director gave a Power Point Presentation (see attachment) including the following points: 8 October 5, 2005 . Review of time line for Future Activities, Proposed Changes, Stonnwater in Preserves, No Adverse Impact, Off-Site Retention Alternatives, Criteria for Allowing Off-Site Alternatives, Size Threshold, Off-Site Alternative, Re-creation Criteria, Conservation Easements, EIS Requirements, and GMP Subcommittee and Staff Recommendation. . Recommendation was made to re-initiate the Growth Management Plan Subcommittee. Dr. Hushon, Mr. Sorrell, and Mr. Penniman volunteered for the GMP Subcommittee. B. Chairperson and Vice-Chairperson Absences Mr. Penniman moved for Mr. Hughes to continue as Chairperson. Second by Mr. Sorrell. Carried unanimously 7-0. Mr. Hughes moved for Dr. Lynne to act as Vice-Chairperson. Second by Mr. Penniman. Carried unanimously 7-0. C. Outstanding Advisory Committee Member Nominations None D. Environmental Advisory Council Absences A Committee member can not miss more than a half of the meetings within a fiscal year, or three consecutive meetings, excused or otherwise. Ms. Burgeson would like Committee members to identify any meetings that they may not be able to attend. E. Member Resignation Mr. Humiston has resigned. Mr. Hughes related the Mr. Humiston was significant in his expertise he will be greatly missed VII. Old Business A. Update members on projects Not addressed. VIII. Council Member Comments 9 October 5, 2005 Mr. Sorrel distributed infonnation on Lake Trafford dredge material analysis. It brings up concerns about dust born contaminants. Dr. Hushon does not feel the arsenic level is high enough for concern. Environmental Services Department will provide more infonnation after review. IX. Public Comments Bob Krasowski mentioned that the public does watch the Environmental Advisory Council on television. He would like to give a presentation representing Zero Waste Collier County. Mr. Hughes would like to have another meeting pertinent to building techniques. Nicole Ryan, Conservancy of Southwest Florida the Conservancy would like to participate in the GMP Sub-committee. When items one and three from Mr. Lorenz presentation are looked into, examine criteria. There are concerns about having all of the preserve in one area on the second item. Conservation easements are very important documents under number four. EIS sometimes captures things nothing else does. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1 :46 PM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes 10 FORM 88 MEMORANDUM OF VOTING CONFI-ICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS .sc:.~ ~~ CITY o OTHER LOCAL AGENCY o ELECTIVE e--APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving 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 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 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 officers 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 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 otheiwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to inrluence 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 MEET1NG 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 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 -c-t r4~ ~~, hereby disclose that on O~-\o~ ~ ,20~: I, (a) A measure came or will come before my agency which (c,heck one) inured to my special private gain or loss; inured to the special gain or loss of my busineis associate, inured to the special gain or loss of my relativJ, ~inured to the special gain or loss of Wc::::.:r::. c..ø~\~ ~- ~ , 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. I ,WhiCh ! I I C~~\ ~ ):c4 (b) The measure before my agency and tt¡~ nature of my conflicting interest in the measure is as follows: . ..::¡:: --. +"'- ~rc....~ --\ Et'\\,JÏ,r-,...,...."'J,..\ ~c.... f" W<.:¡: ~ ~V' ~ ì" ~ ~r""t 1~ 1"1 ~~. · --;:C ~A'" -s'J....,~_-+I'1 "P'~~.'\:\c.t...\ -,'- 4~ j>\~I~..>~"ð--'\" f~-.:..~", ...A~~~ '\ ...\-4-. ~r. ~ ) ~ ~~~ f~"" ..M..C.~~~~ ~iM. +t- EAC. ~ ~~ ~-k~. J loj~o~ - I -~ Date Fiied Signature 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 OFFICE OR EMPLOYMENT, DEMOTION. REDUCTiON IN SALARY, REPRIMAND, OR A i CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF 1/2000 PAGE 2