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EAC Minutes 04/05/2006 R April 5, 2006 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, April 5, 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 Lee Horn Judith Hushon Irv Kraut Erica Lynne Nick Penniman Michael Sorrell-excused ALSO PRESENT: Stan Chrzanowski, Planning Review Jeffrey A. Klatzkow, Assistant County Attorney Susan Mason, Senior Environmental Specialist Bill Lorenz, Director of Environmental Services Barbara Burgeson, Sr. Environmental Specialist 1 ENVIRONMENTAL ADVISORY COUNCil AGENDA - REVISION A April 5, 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 March 1, 2006 Meeting minutes V. Upcoming Environmental Advisory Council Absences VI. land Use Petitions A. Site Development Plan No. SDP-2005-AR-8088 "The Reserve at Eden Gardens" Section 31, Township 46 S, Range 29 E VII. Old Business A. Update members on projects VIII. New Business A. Outstanding Advisory Council Member Nominations B. Environmental Advisory Council Absences C. Listed species compensation - USFWS D. Estuary Report Card update - Conservancy of Southwest Florida E. landfill gas monitoring - Solid Waste Management Department F. Further Discussion of CCME Objective 2.1 (Watershed Management Plans). G. Creation of subcommittee to review Preserve amendments to the lDC IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ******************************************************************************************************** Council Members: Please notifv the Environmental Services Department no later than 5:00 p.m. on March 31. 2006 if YOU cannot attend this meetina or if YOU have a conflict and will abstain from votinQ 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. April 5, 2006 I. Call to Order The meeting was called to order by Chairman William Hughes at 9:06 AM. II. Roll Call A quorum was established. III. Approval of Agenda Ms. Mason noted that item "VIII. New Business, C. Listed species compensation - USFWS" will be rescheduled for the May meeting. Presenters for item "VI. Land Use Petitions" have not arrived, therefore "VIII. New Business, D. Estuary Report Card update - Conservancy of Southwest Florida" can be heard first. No formal motion or second was taken; though a vote occurred on the approval of the agenda, it carried unanimously 8-0. IV. Approval of March 1, 2006 Meeting Minutes Page #5. under Mr. Penniman's comment the word "service" should read "surface". Page #2. under Dr. Hushon's comment the word "The" is to be added before 'South Florida Water Management' and "District" afterward, "Core" should have read "Corps", and the correct spelling of "Mirasol". Mr. Penniman moved to approve the March 1,2006 minutes with amendments noted. Second by Mr. Dolan. Carries unanimously 8-0. V. Upcoming Environmental Advisory Council Absences Dr. Hushon and Mr. Hill will be absent for the June meeting. Mr. Penniman will be absent for the May meeting. VIII. New Business D. Estuary Report Card update - Conservancy of Southwest Florida Jennifer Hecker, Conservancy of Southwest Florida gave a Power Point Presentation that is available for viewing on the website. The presentation she gave will be updated and presented every three years. Mr. Hughes gave kudos. The meeting recessed at 9:42 AM reconvening at 9:51 AM. VI. Land Use Petitions 2 April 5, 2006 A. Site Development Plan No. SDP-2005-SR-8088 "The Reserve at Eden Gardens" Section 31, Township 46 S, Range 29 E Presenters were sworn in by Mr. Klatzkow. No disclosures were addressed. Kristina Ramsey presented a revised site development plan pursuant to staff recommendation to deny. The project will fulfill needed affordable housing for the County. The designated upland preservation will allow for Gopher Tortoise relocation on site and conservation of existing mounds. No Scrub Jays have been located; though staff recommendation to have the US Fish and Wildlife Service examine the site and make a determination is amenable. The revised site development plan addresses staff stipulations. Pursuant to the revised site development plan it is agreed to have upland preservation, meet all Florida Fish and Wildlife Conservation Commission regulations regarding on site Gopher Tortoise relocation, and present the Scrub Jay issue to the Fish and Wildlife Service to reach a congruent plan to implement. Ms. Mason reviewed the revision and concurs. There are LDC requirements for the Gopher Tortoise relocation. The engineering consultant added that the flow pattern will remain the same as previously set out with a control structure. The discharge location will remain the same. It is designed for the 25 year storm, with elevations set for the 100 years storm. Dr. Hushon expressed concerns about Gopher Tortoise relocation due to poor results of an 80% mortality rate within three years of relocation. David Bishoff addressed the issue noting that an ideal relocation site is several hundred acres; not the two optional relocation sites under ten acres. Mitigation is not permitted. Cormack Giblin noted that the project is aimed at affordable housing for farm workers. Mr. Hughes voiced concerns about the watershed, and the environmentally sensitive location of the project being affected by children's destructive behavior. Ms. Ramsey replied that there are two conservation easements that will be placed on the property. Brad Cornell, Collier County Audubon Society and Audubon of Florida asked questions of the staff and presenters. He mentioned that if projects are changed right before a presentation it does not allow the public to know the proper information. He also feels uncomfortable not knowing how the Scrub 3 April 5, 2006 Jay situation will be handled and the piece meal project state of affairs; he asked the board to defer their decision until more is known. Dr. Hushon would like all EIS packet maps in color. Bill Lorenz addressed the postponement issue noting that the project has been evolving. There is a time constraint for funding and grants. The project could be brought back for review. Mr. Klatzkow asked that the Council take the importance of the public project into consideration and to state specific objections for the record instead of noting concerns. Mr. Hughes replied that his concerns are not having the final report from authorizing agencies. Mr. Penniman moved to approve project No. SDP-2005-SR-8088, "The Reserve at Eden Gardens", Section 31, Township 46 S, Range 29 E with two qualifications: staff review missing elements and when comfortable with them pass them along at the next meeting, and secondly the developer educate the residence on the environmental sensitivities. Mr. Klatzkow added that it will be subject to all ofthe representations made by the developer if they are not met then there will be consequences. Ms. Mason also added that the project will go by the revised plan presented including a Scrub Jay habitat evaluation by the Federal Wildlife Service with follow through, relocation of the Gopher Tortoises will comply with the Land Development Code and Florida Fish and Wildlife Conservation Commission guidelines, and a permanent fence will be placed east of the lake shown on the revised plan. Mr. Penniman amended his motion to include Mr. Klatzkow's and Ms. Mason's comments. Second by Mr. Dolan. Motion carries 7-1 with Dr. Lynne opposed. VII. Old Business A. Update members on projects Ms. Mason noted that the Board of County Commission has not heard any land use petitions since the last Environmental Advisory Committee meeting. A request was made to have a representative from Parks and Recs to make a presentation on the Keewadin shuttle project. They replied that they are in negotiations with Rookery Bay and therefore the Council can petition the Board of County Commission to direct the staff to make a presentation. 4 April 5, 2006 Mr. Penniman suggested having the Environmental Advisory Council petition the County Manager for a presentation by Parks and Rec. Mr. Hughes suggested writing a letter that includes wanting to review the proposed shuttle to Keewadin in light of the decision that was reached on a similar project the month before. Dr. Hushon agreed to composing a letter that she will send to staff for approval. Having recommended denial for a similar project the Environmental Advisory Council desires to have a presentation of the proposed project before culmination due to potential environmental concerns. Mr. Klatzkow also suggested going before the County Manager. It was decided to have Ms. Mason go before the County Manager; if she is unsuccessful then she will request a letter to be written to the Board of County Commission. VIII. New Business A. Outstanding Advisory Council Member Nominations Erica Lynne had been nominated as an Outstanding Advisory Council Member at the previous meeting; though no vote was taken on the motion. Mr. Penniman moved by acclimation. Second by Mr. Hill. Motion carries unanimously 8-0. B. Environmental Advisory Council Absences Previously addressed. C. Listed species compensation - USFWS Reschedule for the May meeting. D. Estuary Report Card update - Conservancy of Southwest Florida Previously addressed. E. Landfill gas monitoring - Solid Waste Management Department Dan Rodriguez, Solid Waste Management Department Director gave a Power Point Presentation (see attachment) overviewing the monitoring process. 5 April 5, 2006 Mr. John Wong, Director of Operations for Waste Management Inc. added that they are looking into converting landfill gas to a gas into energy project thereby creating a usable energy. Two options are being examined, one it to have the gas piped to a County Water Treatment Plant and other businesses surrounding the Plant, or to set up a gas to energy plant on site in order to sell the energy to FP&L. 2,000 cubic feet of gas is being produced per minute. The County owns the gas rights. Mr. Hughes suggested looking into magnetic hyperdynamics. Mr. Rodriquez mentioned that there has been a substantial decrease in waste since the implementation of recycling. Mr. Hughes suggested legislation changes to container laws. Public Speakers- Bob Krasowski suggested separating organic products along with the separation of the recyclables for later use. He suggested having the new cell at the building be used in this manner. The meeting recessed at 11 :55 AM reconvening at 12:05 PM. Mr. Hughes mentioned the parking spaces set out in the parking lot for Committee Members. F. Further Discussion of CCME Objective 2.1 (Watershed Management Plans) Mr. Lorenz demonstrated the final language for the CCME EAR document under Objective 2.1. When presented to the Board of County Commissioners the Council would like it known that they want the word "plants" remain in the document where they had been removed. Concerns were expressed about the Watershed Management plan being properly presented to the Board of County Commission. Dr. Hushon distributed a proposal letter intended for the Commissioners relevant to watersheds. There was no formal vote or second though a vote occurred where all were in favor of forwarding the letter. Public Speakers- 6 April 5, 2006 Nicole Ryan, Conservancy of Southwest Florida mentioned that there is a lot of data that can be pulled together for the watershed management plan. She questioned how policies can be implemented without the plan. Regarding 6.1.1.5. b. and 6.1.2.5. b pages # 1 7 and #21 the Conservancy proposed the verbiage "benefit". She herself will present this to the Board of County Commissioners. Dr. Hushon moved to utilize "benefits" instead of "no adverse impacts" within the two sections. Second by Mr. Penniman. Motion carries 8-0. G. Creation of subcommittee to review Preserve amendments to the LDC Mr. Lorenz gave a Power Point Presentation (see attachments) reviewing the potential charge for the subcommittee. Mr. Hughes recommended Dr. Hushon, Mr. Kraut and Mr. Dolan as members. I. Subcommittee Reports None II. Council Member Comments Mr. Dolan has heard from US Fish and Wildlife and the Fish and Game Commission that they do not have the time or manpower to provide the technical assistance letters being requested by the Collier County Staff. Projects are delayed on account of this. These entities would like to see the County stand on its' own two feet and make decisions. Mr. Lorenz replied that the requirement of technical assistance for a deviation comes from the Growth Management Plan. Ms. Burgeson added that nothing can be approved without technical assistance for a deviation. Mr. Penniman announced that he may need to resign do to his future schedule conflicts with Environmental Advisory Council meetings for July, August, September, and October. Mr. Klatzkow will look into getting a deviation or remotely attending meetings for Mr. Penniman. III. Public Comments 7 April 5, 2006 Bob Krasowski informed the Council that solid waste presenters spoke to the Board of County Commission about conversion technology (incineration). He encouraged the Council to look at the sub-element for solid waste in the Growth Management Plan. Conversion technology has no place in Collier County. Consultants to the Counties Solid Waste Department are pro burn, pro landfill. He presented inclusion of a program including solar technology, efficient appliances, and waste recovery within the housing sub-element to the Growth Management Plan. ***** There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 1:22 PM COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes 8