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EAC Minutes 03/01/2006 R March 1, 2006 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, March 1,2006 LET IT BE REMEMBERED, that the Collier County 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, Naples, Florida, with the following members present: CHAIRMAN: William Hughes Terrence Dolan William Hill - Absent Lee Horn Judith Hushon Irv Kraut Erica Lynne - Absent Nick Penniman Michael Sorrell ALSO PRESENT: Stan Chrzanowski, Planning Review Steve Griffin, Assistant County Attorney Susan Mason, Senior Environmental Specialist Bill Lorenz, Director of Environmental Services Barbara Burgeson, Sf. Environmental Specialist Eugene Calvert, Stormwater Management Department 1 ----'.. ..'-.-----.--.-"."..------ ENVIRONMENTAL ADVISORY COUNCil AGENDA March 1, 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 February 1, 2006 Meeting minutes V. Upcoming Environmental Advisory Council Absences VI. land Use Petitions A. Special Treatment Permit No. ST.2005.AR.8267 "Irvin Dock" Section 24, Township 51S, Range 25E VII. New Business A. Outstanding Advisory Council Member Nominations B. landfill gas monitoring - Solid Waste Management Department. C. South Florida Water Management District presentation regarding storm water VIII. Old Business A. Update members on projects B. Continuation of Review of EAR amendments IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ******************************************************************************************************** Council Members: Please notify the Environmental Services Department no later than 5:00 p.m. on Februarv 24, 2006 if you cannot attend this meetinQ or if you have a conflict and will abstain from votina on a petition (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. ~--~-_.,--- -..----..-...-.-.....-----.-.--...-. ..~-~_...... .- March 1, 2006 I. Call to Order The meeting was called to order by Chairman William Hughes at 9:07 AM. II. Roll Call A quorum was established with Terrence Dolan and Lee Horn absent at the time of roll call. III. Approval of Agenda Ms. Mason noted that "VII. New Business, B. Landfill gas monitoring - Solid Waste Management Department" has been rescheduled for the April 5th meeting. Dr. Hushon expressed concerns about Marisol. The Core had turned down the permit but now South Florida Water Management has agreed to build the canal. She would like to have it as a discussion item. Mr. Griffin replied that it can be requested to come before the Committee again. Mr. Penniman moved to approve the agenda. Second by Mr. Kraut. Motion carries unanimously 5-0. IV. Approval of February 1,2006 Meeting minutes Dr. Lynne submitted corrective changes to the minutes in writing inc1uding- "page 6: in section on disclosures during recess. Erica Lynne also spoke to Dr. J.P. van Dongen.; page 9: in the motion denying conditional use ofCU-AR 7181, second line: "with concern to carrying capacity..." Dr. Hushon moved to approve the February 1, 2006 minutes as amended. Second by Mr. Penniman. Motion carries unanimously 5-0. V. Upcoming Environmental Advisory Council Absences None addressed. VI. Land Use Petitions A. Special Treatment Permit No. ST-2005-AR-8267 "Irvin Dock" Section 24, Township 51S, Range 25E - Presenters were sworn in by Mr. Griffin. - No disclosures addressed. 2 ,._~_.~-_....,.~._._. .',-- ~-,~-- ._.._--_..~...- ..~..- March 1, 2006 Mr. Dolan joined the meeting at 9:14 AM. Tim Hall, Terrell & Ass. noted that there are no objections to staff stipulations to the project. The project is to access the property. The dock is on the inside of the property which allows for weather protection. Mr. Hughes brought out that the dock comes out over a shoal. Mr. Hall added that the pathway is such so that there are no impacts to the wet lands due to pedestrian traffic. Mr. Griffin swore in the property owners. The property owners then agreed that the project and land is for personal use. Mr. Hughes suggested that a deed restriction be added to prevent commercialization. Dr. Hushon moved to approve the dock as presented. Second by Mr. Dolan. Motion carries unanimously 6-0. Mr. Dolan apologized for being late due to traffic. VII. New Business A. Outstanding Advisory Council Member Nominations Dr. Hushon moved to nominate Dr. Erica Lynne. Second by Mr. Hughes. (A vote was never taken.) Lee Horn joined the meeting at 9:27 AM. Mr. Hughes added that Dr. Lynne is a hero to him and others and thanked her for her service. Dr. Hushon added that she performed above and beyond what was called for. Mr. Hughes would like someone with a background in biochemistry, flora and ecology to apply for her replacement position. Mr. Hughes spoke on being out in the coastal and back areas over the past three years doing photography. He has developed a deep concern on the rate of development as far as shock to the environment. He proposed to consider a limitation on controlling human development pertinent to an environmental aspect. Dr. Hushon brought up that Collier County is looking into running a boat from Tin City to Kewaydin Island. The subject should be brought up because it is so close to the issue discussed at the previous meeting. The Conservancy already runs a beach shuttle with no facilities. Ms. Mason will contact the 3 _ ~_',.'''_'_m'.__._,.'__ ".~-- March 1, 2006 appropriate people from Parks and Rec to send a representative to address the Issue. Stan Chrzanowski introduced Eugene Calvert from the Stormwater Management Department. The meeting recessed at 9:35 AM reconvening at 9:48 AM. B. Landfill gas monitoring - Solid Waste Management Department Rescheduled for April 5th meeting. VIII. Old Business B. Continuation of Review of EAR amendments David Weeks, Comprehensive Planning Department addressed that the Housing Element and Immokalee Area Master Plan still need to be reviewed. Housing Element Document Review (see attachment): Dr. Hushon suggested the language "Demolition of substandard construction" under the fifth bullet on the first page of the Housing Element Document. Public Speaker- Bob Krasowski mentioned that he listened to the Governors Energy Conference where solar water heaters and heat exchange were discussed. Mr. Hughes added the use of condensation from air conditioners can be used as a water supply. He would like there to be more efficiency in utilizing energy and resources. Michelle Mosca, Comprehensive Planning Staff reviewed changes to the document. EAR-lAMP FINAL Document Review (see attachment): Dr. Hushon noted the following changes to the EAR-lAMP: - Page 5, Policy 1.4.1: Add bus service. - Page 7, Policy 2.2.2: There is a language problem that needs to be reedited. - Page 15,2. : She believes that the density should not go above 16 units. VII. New Business 4 .~---_.-,. w__ March 1,2006 C. South Florida Water Management District presentation regarding storm water Damon Meiers, Deputy Director of Environmental Resource Regulation Department gave a Power Point Presentation (see attachment). Dr. Hushon suggested dry detention areas in order to utilize the land for other purposes during the dry periods. Mr. Meiers replied that the water table is too high to make it successful. Lake systems are used instead. Dr. Hushon brought out that lakes have anaerobic degradation below 5-6 feet. Mr. Meiers replied that there is continuing research on water quality of lakes and possible aeration. Mr. Meiers continued his Power Point Presentation. Dr. Hushon would like the run off of water to be reused on landscaping since it already contains nitro. She would like this to be a requirement. Mr. Meiers continued his Power Point Presentation. Open discussion ensued on water boundaries being seamless throughout Florida and the effects of Lake Okeechobee. Mr. Hughes gave kudos to Mr. Meiers. He would like to see testing added to their procedures, and to have more on surface flow directly affecting the subsurface flow. He then addressed protection of existing resources. Dr. Hushon mentioned that about six months ago the Committee realized that large projects use the Harvey Harper Model. It has been criticized, and there are problems with the model. She expressed concerns about following the Harvey Harper Model; adding that lakes fill in after they are constructed which is not taken into consideration within the Model. Mr. Meiers replied that they do not rely on the Harvey Harper Model. The model is being revised by Harvey Harper. The monitoring of new developments is a large issue. The problem is who will do the monitoring and how good the data will be. It was suggested to set up a separate entity to do the monitoring. Mr. Penniman feels that there is problem with lake siltation due to the types of materials at the bottom of the lake; some material may create an impervious servIce. Mr. Meiers addressed the Marisol project bringing out that Marisol will probably continue with the project without building a flow way. 5 __"....0 --- March 1, 2006 Mr. Sorrell commented that protection of resources can not be set up without monitoring. Funding needs to be looked into for monitoring. Mr. Hughes would like Mr. Meiers to give a report every 6 months to the Environmental Advisory Council. Mr. Dolan recognized that development companies would probably support a centralized water quality monitoring program. Mr. Sorrell would like to have the Stakeholder meeting notifications given to the Environmental Advisory Council. Public Speakers- Jennifer Hecker, Conservancy of Southwest Florida would also like to mention that the issue is an economic issue. More storm water needs to be retained and treated within the basin from which it originates. Issues need to be addressed now so that communities do not have to be retro fitted and to prevent exacerbation and compounding of the problem. She suggested that the Environmental Advisory Council consider drafting a resolution for the Commission that would support the underline intent of addressing the need of more stringent water quality certification standards that would incentivice prevention and provide additional treatment other than just wet detention. She then encouraged each Council Member to participate in the Stakeholder Group. Mr. Hughes asked Ms. Hecker to forward her ideas for the resolution. Mr. Meiers mentioned that the Governor is not allowing staffing increases at this time that would cover monitoring. He would also support a resolution. Dr. Hushon moved to generate a supportive memorandum for a watershed management plan and one for the Southwest Florida Basin Rule with appropriate monitoring. Second by Mr. Hughes. (No vote was taken, though the Chairman asked if the Members agreed with no verbal response to the positive or negative.) The meeting recessed at 11 :45 AM, reconvening at 12:05 PM. VIII. Old Business A. Update members on projects Mr. Penniman addressed the Drafted letter 2-23-06 (see attachment) to send to the Board of County Commissioners on the lack of a water shed management plan. The project could occur by the Board of County 6 .--'.. "-- March 1, 2006 Commissioners hiring a private consultant; which might not be the best idea. The best way would be to have the Environmental Services staff perform the work, or to form a commission to make it a public process with stakeholders. Dr. Hushon suggested additional language to the letter (see attachment). The revised letter will be prepared for the next meeting. Mr. Penniman suggested prioritizing the water sheds starting with the most critical. Mr. Lorenz added that the water shed plans have a projected cost of $700,000-$1,000,000 each. B. Continuation of Review of EAR amendments Mr. Lorenz reviewed "Proposed Changes to 02-07-06" (see attachment) to Policy 6 of the EAR made by Conservation Collier Land Acquisition Advisory Committee including suggested language changes. Dr. Hushon would like the language "as specified" added to the document regarding the Land Development Code. Speakers- Nicole Ryan, Conservancy of Southwest Florida brought out five points: - A water shed management plan is 6 years overdue therefore the prioritization of the water sheds should commence now.. - What is to be done between now and when the water shed management plans are completed due to documents referencing them? - Policy 2.1.8 states that the County will not take lead in preparing the water shed management plans. The County needs to take the lead. - Policy 10.2.3 states that development density is set at four units per acre while another location had stated one unit per five acres. This is probably a mistake that needs to be changed. - Storm water areas and preserves should not be on the same land. This was not originally an EAR based amendment. The policy should be pulled and have a letter sent regarding the issue. Mr. Lorenz replied that the DCA wanted very specific criteria with thresholds and standards. Some specificity can be backed out. Ms. Burgeson noted the Board of County Commissioners meeting on Monday April 18th will review the documents. 7 -' March 1, 2006 Rich Y ovanovich, of Goodlette, Coleman and Johnson for Collier Enterprises suggested having Policy 6.1.1 specified in the Land Development Code, and only referenced in the EAR. He feels there are duplications of efforts between Federal, State, and County. There needs to be a cost analysis of the documents program changes. He would like to know why some changes have been made due to the fact that they deter small developers. Conversation ensued on whether or not the language within the EAR should be simplified. Brad Cornell, Collier County Audubon Society and Audubon of Florida pointed out that how to preserve, protect and restore the wetlands and existing systems should be the Counties priority. The water shed management plans were to have started 6 years ago, so the language should say immediate commencement. He concurs with Ms. Ryan on Policy 2.1.8 that it is the Counties responsibility to take a lead in the water shed management. Under Policy 6.1.1 the word "lots or" should be removed in the sentence "Notwithstanding the ACSC requirements, this policy shall apply all non- agricultural development except for single-family dwelling units situated on individual lots or parcels.. .". Policy 10.3.8 and Policy 10.6.1 are not congruent. Dr. Hushon suggested the following changes: - Page S, Objective 2.1: Adding the language "By January 2008 the County shall complete a Watershed Prioritization and begin the process of preparing Watershed Management Plans that will contain appropriate mechanisms to establish... by 2012". - Page 6, Policy 2.1.4, b.: Switch the word "unacceptable" to "degrade". - Page 7, Policy 2.1. 8: Change the language to read "Collier County shall take the lead and promote intergovernmental coordination." And "The County will take the lead and oversee the preparation of the necessary Watershed Management Plans, and rely upon the work performed..." - Page 16, Policy 6.1.1. (S) b.: Not allowing storm water discharge areas to be the same as the preserve areas. Ms. Ryan commented that she would like this section to be removed along with Policy 6.1.1 (12 & 13). Mr. Lorenz stated that he would not be in support of removing the language within 6.1.1. (S); he does agree that Policy 6.1.1 (12 & 13) could have less specific language. Mr. Dolan explained that wetland drainage was created to re-hydrate drained wetlands. 8 -_.~_...^. ~_._- March 1, 2006 Dr. Hushon changed her mind on opposition to the deletion ofthe language after hearing further explanation of why the language exists and the explanation that will exist under the Land Development Code. Bob Krasowski brought out that .6 of an acre should be kept in an urban area for preservation. Dr. Hushon continued reviewing her suggested changes: - Page 17, Policy 6.1.1. (10): Dr. Lynne submitted a written suggestion- "Onsite preserves of native vegetation shall always be required where there are plant or animal listed species on-site, subject to receiving technical assistance from the wildlife agencies. .." Collier County should not defer protection of plant and animal species to federal and state agencies, which can be affected by swings in political power. Mr. Lorenz added that the language should be simplified. Mr. Griffin read the Policy aloud, noting that the details can be managed in the Land Development Code. - Pages 17, 18, and 19, Policy 6.1.1 (10)(11)(12) & (13): Should be collapsed to headings. Mr. Lorenz noted that once the document has been modified it will be emailed out to the Council. - Page 19, Policy 6.1.1. (13) a., 2.: The language should read "Administrative variances may be granted where any ofthe following conditions exits:" - Page 23, Policy 6.1.8: Revise language. Mr. Kraut left the meeting at 1 :54 PM. - Page 25, Policy 6.2.3: Dr. Lynne submitted a written suggestion- "Last two lines of first paragraph again puts control of Collier County wetlands into the hands of federal and state agencies. Collier County should reserve the right to protect wetlands above and beyond state and federal regulations when the local situation indicates protection is warranted." Mr. Griffin noted that it is bound by State and Federal agencies. - Page 36, Policy 10.1.3 (e), (f), and (g): Dr. Lynne submitted a written suggestion- "in order to minimize destruction or disturbance of native vegetation communities the following priority ranking of shoreline development shall apply:" Under what conditions would "viable, unaltered.. .uplands and wetlands be developed? Shouldn't this be at least made more restrictive, ifnot prohibited? - Page 38, Policy 10.3.8: The units per acre need to be corrected. 9 ..--- March 1, 2006 Mr. Penniman asked how Policy 6.1.1 (5) b. page 16 can be enforced. Ms. Burgeson replied that up until recently staff has not permitted any water into preserve areas with the exception of wetlands where it will be a benefit. Dr. Hushon moved to accept the amendments with the offered suggestions and to be referred to the Planning Commission, along with a letter for a watershed management plan. (Discussion ensued on additions to the motion and letter.) Mr. Sorrell mention page 41 not having a permitting process for vehicles to go on the beach. Ms. Burgeson addressed the question replying that a permit process does and has exited for some time. Mr. Penniman then gave a second to afore mentioned motion. The motion passed unanimously 6-0. IX. Subcommittee Reports None X. Council Member Comments None XI. Public Comments Bob Krasowski brought out that the State Legislature passed legislation that is favorable and encouraging toward incineration. If proper applications occur for recycling and diversion it is unnecessary. He will continue to update the Council on the subject. He also suggested having ambient air quality monitored and a standard set. Mr. Hughes replied that he can see the smog layer developing in the area. Mr. Hughes then asked Mr. Lorenz to call Waste Management to have them replace his garbage cart; after numerous persons contacting Waste Management not having received a response. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 2:15 PM COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes 10 -----,.... -"._-