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EAC Minutes 01/04/2006 R January 4,2006 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, January 4,2006 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 William Hill 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 Bill Lorenz, Environmental Services Director Barbara Burgeson, Sr. Environmental Specialist 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA January 4, 2006 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 December 7, 2005 Meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Environmental Impact Statement No. AR-6297 "Lely Resort PUD EIS" Sections 21, 22, 27, 28, 33 & 34, Township 50 South, Range 26 East, and Section 3, Township 51 South, Range 26 East VII. Old Business VIII. New Business A. "The Zero Waste Collier County Group" presentation - Bob Krasowski B. Outstanding Advisory Council Member Nominations C. EAR Amendments IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ******************************************************************* ************************************* Council Members: Please notify the Susan Mason. Environmental Services Senior Environmental Soecialist no later than 5:00 o.m. on December 23. 2005 if vou cannot attend this meetina or if vou have a conflict and will abstain from votina on a oetition (213-2987), 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. January 4,2006 I. Meeting was called to order at 9:01 AM by Chairman Hughes. II. Roll Call Roll call was taken with Lee Horn absent at time of roll call. A quorum was established. III. Approval of Agenda Mr. Penniman moved to approve the agenda. Second by Mr. Hill. Dr. Lynne added "WCI Sable Bay Gopher Tortoise", under "VII. Old Business" Lee Horn joined the meeting at 9:02 AM. Mr. Hill moved to approve the agenda as amended. Second by Mr. Penniman. Carried unanimously 9-0. IV. Approval of December 7, 2005 Meeting minutes The minutes have not been distributed. Mr. Hill noted the acreage amount published in the newspaper for "Rock Edge" does not match the amount presented to the Committee. Ms. Mason will look into the discrepancy and report back. V. Upcoming Environmental Advisory Council Absences Mr. Hill must leave the meeting at 3:00 PM. Dr. Lynne, Mr. Kraut, and Mr. Penniman will not be able to attend the meeting on January 12th VI. Land Use Petitions A. Environmental Impact Statement No. AR-6297 "Lely Resort PUD EIS" Sections 21, 22, 27, 28, 33 & 34, Township 50 South, Range 26 East, and Section 3, Township 51 South, Range 26 East - All those testifying were sworn in by Mr. Griffin. - Disclosures - None addressed. Rich Yovanovich gave a presentation including the following points: . Introduced presenters. . The project is on the comer of highway 951 and US 41. 2 January 4,2006 . 10,150 residential units, 820,000 sq. ft. of commercial were originally approved. . The maximum density now is 9,150 units, 54 golf holes, and 350 hotel and motel units. . 75% of buildable area has been impacted. Chris Mitchell gave a presentation including the following points: . Arial overview of the project was demonstrated on the overhead. . Maps displayed. . The archeological site has already been investigated by the State. Mr. Hughes would like to have data showing that the water drainage system works. Tom Treduss, Wilson Miller noted that it is not required by the EIS. Tom Masters, Stock Development also noted that water monitoring continues quarterly and is recorded at Water Management. Rich Yovanovich explained that the information Mr. Hughes is requesting is not part of the EIS requirements. A representative from Water Management will be giving a presentation at the next meeting or the one thereafter. Tom Treduss, Wilson Miller reviewed the EIS noting the following points: . Two listed species were observed: gopher tortoise, and the big cypress fox squirrel. . Six gopher tortoise burrows will be relocated. . A management plan for the gopher tortoise has been submitted and approved. . A management plan for the fox squirrel has been submitted and approved. . Spot checks are being performed. . Though there were no eastern indigo snakes observed on the property a management plan has been submitted and approved. . Questions were addressed including the following points- The lands being developed are almost entirely covering the areas where the listed species are located. The use of the word "common" in reference to the plant species was addressed. A lot of damage occurred to the listed species habitat after Hurricane Wilma. 3 January 4,2006 A current list of listed species will be distributed. It was noted that Phase #2 borings demonstrated concerns for the Watershed and should have been looked into; also noting that it was not required, and can only be addressed by other entities at this point. Stephen Lenberger added that the EIS requires the applicant to submit an Environmental Audit if one was performed, but the Audit is not required. The borings were required due to financing on the land, which also set the boring locations; to continue boring for further data would require entering land owned by a separate entity. The Pollution Control Department can be notified of the boring data, it was also suggested for LUST to be notified. Mr. Hughes would like to have samples entered into public record. A presentation can be given on LASIP for storm water management and flow ways. Mr. Hughes moved to approve Environmental Impact Statement No. AR-6297, "Lely Resort PUD EIS", Sections 21, 22, 27, 28, 33 & 34, Township 50 South, Range 26 East, and Section 3, Township 51 South, Range 26 East with staff recommendations along with organic and inorganic chemistry done on the outfall weirs and Ray Smith to review the gas spill on the site. Second by Mr. Dolan. It was recommended to make changes to the LDC ifMr. Hughes would like to require all projects to have organic and inorganic chemistry performed. Mr. Hughes withdrew his motion. Mr. Hughes moved to approve Environmental Impact Statement No. AR-6297, "Lely Resort PUD EIS", Sections 21, 22, 27, 28, 33 & 34, Township 50 South, Range 26 East, and Section 3, Township 51 South, Range 26 East as stated in the report with one stipulation that the County direct Pollution Control to review the maintenance area for hydrocarbon spillage for the facility and highlight the need to the Commission to reconsider the code to start consistent monitoring programs on these hydrological system impacts so that there is efficacy data, and a program be set up and reviewed by the County that reviews the analysis of the sediment and outfall discharges of the projects. Mr. Hughes then amended his motion to approve Environmental Impact Statement No. AR-6297, "Lely Resort PUD EIS", Sections 21, 22,27,28,33 & 34, Township 50 South, Range 26 East, and Section 3, 4 January 4,2006 Township 51 South, Range 26 East as stated. Second by Dr. Hushon. Motion carries 7-2 with Mr. Penniman and Dr. Lynne opposed. Mr. Hughes addressed the Commissioners with his concern about these types of developments in qualitative analysis of the efficacy of the hydrologic system; with Dr. Hushon adding staffto notify the Pollution Control office to look at the Phase #1, and Phase #2 reports on the site for the maintenance facility for the golf course to determine if addition sampling is needed. Ms. Mason asked that the Committee review the Pollution Control presentation first. The meeting recessed at 10:34 AM reconvening at 10:49 AM. VII. Old Business A. Gopher Tortoise Relocation Success Studies Ms. Mason reviewed the information packet distributed on studies performed by US Fish and Wildlife for Tortoise relocation. Dr. Lynne pointed out that "Several studies have shown that less than 50% of relocated tortoises remain on the relocation sites one or more years later. Monitoring is not mandatory for relocation activities." Ms. Mason relayed training she has recently received that recommended the use of hay bales as a fence stacked so closely together that no light shows through. The advantages being no maintenance and they degrade. By the time the hay degrades the tortoises have reestablished the area as a new home. Ms. Mason gave a project update noting that Brianna Breese was denied 5-0 by the Board of County Commissioners. B. WCI Sable Bay Gopher Tortoise Dr. Lynne reviewed a previous meeting tape addressing the gopher tortoise relocation by WCI at Sable Bay finding that she had asked WCI to "fund some graduate student positions" to study the gopher tortoise relocation; with Dr. Hushon adding that she felt it was a good idea to "provide a little funding". The petitioner "was getting a head nod" demonstrating that the petitioner was agreeable. When the motion was made Dr. Hushon included an FGCU tortoise study to be included as a condition of approval. Therefore Dr. Lynne feels it was clear that they were talking about funding the students, with WCI agreeing. She would like to have follow up with WCI. 5 January 4, 2006 Mr. Hughes noted that when making motions time should be taken for clarification. VIII. New Business A. "The Zero Waste Collier County Group" presentation - Bob Krasowski Bob Krasowski gave a power point presentation including the following points: . Reviewed influences on and the arrangement of The Zero Waste Collier County Group. . An incineration plant had been proposed in 1985. . After investigating it was found that an incineration plant wastes energy in comparison to recycling. . Alternatives to incineration are: Reduce, Reuse, Recycle/Compost, and Redesign. . Companies can be responsible for a product at the end of its use, going back to them and having the responsibility to take care of it. . A composting company is located outside of Immokalee. . Externalities ofIncineration: Pollution, Expense, Waste of Recyclable Material. . Review of Activities of Zero Waste since inception. . The School Board was shown how to recycle and save thousands of dollars. . The Commissioner directive to create an RFP for an independent Zero Waste Analysis was ignored. . The Waste Management contract was never bid on. . He would like the Committee to support an independent study on waste. Mr. Hughes requested ofMr. Krasowski to research legislation on packaging and return with a presentation. Dr. Hushon added that the recycle bins are not large enough. Dr. Lynne commented that she would like to see something done with the School Waste, RFP on Zero Waste, and negotiate to have landscape waste added to Waste Management rec ycl e bins. B. Outstanding Advisory Council Member Nominations None Dr. Hushon moved to have staff investigate from 2001-2005 how much money is leaving the County as Taking Fees, and Mitigation Fees; and 6 January 4,2006 how much of it is spent here. Second by Mr. Sorrell. Motion carries unanimously 9-0. The meeting recessed at 11 :57 AM reconvening at 12:28 PM. C. EAR Amendments Dr. Hushon noted that the draft has been reviewed. David Weeks, Planning Manager gave a presentation including the following points: . It was his department that was charged with the development of the document. . Chapter 163 of the Florida Statutes provides the requirements for all local governments to adopt a comprehensive plan and periodically evaluate it. . The evaluation is to occur every seven years considering the effectiveness of the plan, and looking into the community's values if they have changed. . The Planning Commissioner will be considering the amendments in early March, with the Board of County Commissioners having a review in April. There is a transmittal hearing where the amendments are sent to the Florida Department of Community Affairs in Tallahassee. The report is then sent back for a second and final revIew. The following are suggested changes made to the EAR document: GOAL 2: Policv 2.3.6: b- "Any project requiring an environmental impact statement must provide a pre and post (defining post as approximately two years) demonstrate no increase in nutrient, pesticides, and heavy metal loading in the post development scenario." Dr. Hushon will send an updated list of pesticides in use for agriculture and domestic. Mr. Penniman will investigate ifthere are some broad testing protocols to cover the pesticide. Mr. Griffin noted that today a broad frame work should be laid out, with the LDC addressing specifics. Mr. Lorenz pointed out that additional monitoring would go beyond the Counties current resources, therefore the cost would need to be indicated for the development of the program. Objectives for monitoring would need to be defined. Two types of monitoring, desk top analysis and water quality sampling monitoring post development can be utilized. Mr. Dolan added that the analysis done in Communities go into filing cabinets; there is no analysis of the data by the Governmental agencies that required it 7 January 4, 2006 when the DRI was originally afProved. Dr. Hushon would like to continue the subject on the 12' after working on additional language. A pollution control representative should be present at the meeting on January 12th GOAL 1: Obiective 1.1: - Add "including State and Federally listed plant and animal species, of Collier County are properly..." The addition of "plant and animal" with species will be added to the entire document where considered necessary. It was suggested to develop a new policy that would specify criteria for plant species to be relocated onsite. Public Speakers- Bob Krasowski spoke on Policv 6.1.1: (10) a. addressing the advantages of keeping native vegetation on site, leaving as much green as possible. Brad Cornell, Collier County Audubon Society suggested the following changes: Policv 2.1.4: Add (i) "wetland and estuarine habitat values are conserved or enhanced" Policv 6.1.1: Add "however single family homes within Watershed Management preserve areas are including in these native vegetation retention standards." Defining North Golden Gates Estates as approximately 100 square miles bounded by the urban area on the coast, and the rural fringe area around Orange Tree, North of Hwy 75, with almost no commercial within the area. An excellent way to prioritize is to use the Watershed Management process. He suggested establishing a subcommittee devoted to writing and implementing a Watershed Management Plan for Collier County. Lee Horn left the meeting at 1 :50 PM. Mr. Lorenz mentioned that the lands can be defined within Policv 6.2.3:(61. and talk about incentives or other created non regulatory programs to set aside the wetland areas under Policv 2.1.4: (i). Irv Kraut left the meeting at I :56 PM. Policv 6.1.1: Add "These watershed management plans shall be established in accordance with Objective 2.1 of this Element and will include the preservation or, where feasible, creation of landscape-scale wetland areas to act as natural water quality treatment, habitat, and water quantity retention/detention areas." 8 January 4, 2006 Policv 3.2.4: (2) Add "however single family homes in watershed management preserve wetlands shall also be required to have jurisdictional permits before any local permits are issued." Policv 6.2.7: (3) Add "however jurisdictional permits will be required from the appropriate agencies before any local permits are issued." The meeting recessed at 2: 13 PM reconvening at 2:30 PM. GOAL 3: No suggested changes GOAL 4: No suggested changes GOAL 5: Policv 5.1.4: Specify the department of Collier County, and remove "or mitigation" GOAL 6: Policv 6.1.1: "Development" needs a "T" inside of the box. Policv 6.1.1 :(2) "largest contiguous area possible" will be further defined. Policv 6.1.1 :(6) Add -ensure that the preserved areas will "maintain natural diversity and" function as proposed. Policv 6.1.1 :(13)a. 2. Add -Administrative variances may be granted "in exceptional cases" where the following.. .or it could be added into Policv 6.1.1 :(13) "The County may grant a variance to the criteria specified..." Mr. Griffin will review taking the LDC into account. William Hill left the meeting at 3:00 PM. Policv 6.1.1: (10) Specify for commercial. Policv 6.1.1 :(11 )b. It was mentioned that the range can be specified in the Land Development Code. Policv 6.2.3: Add "connected" wetlands. Dr. Lynne, Mr. Hughes, and Mr. Penniman feel that it is a mistake to give up County rights to the larger agencies decisions. Policv 6.1.5:(4) The numbering needs to be corrected. Policv 6.2.3:(6) Add definitions of next step of indicating protection. Policv 6.2.4:(2) Dr. Lynne again stated that she feels that it is a mistake to give up County rights to the larger agencies decisions. Mr. Hughes added that his main objective is the rights of citizens and the historical abuse of politics. 9 January 4, 2006 GOAL 7: No suggested changes Mr. Hughes would like Committee Members to consider joining a subcommittee at the next meeting pertinent to Golden Gate Issues. IX. Subcommittee Reports None X. Council Member Comments Ms. Burgeson will work on making discussed changes before the next meeting. She requested members to bring any notes in case a point was missed. Mr. Hughes complimented the Board Members in the subcommittee XI. Public Comments None There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:31 PM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes 10