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EAC Minutes 05/03/2006 R May 3, 2006 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, May 3, 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 J ames Harcourt William Hill Lee Horn Judith Hushon Irv Kraut - Absent Nick Penniman- Absent Michael Sorrell ALSO PRESENT: Stan Chrzanowski, Planning Review Steven Griffin, Assistant County Attorney Susan Mason, Senior Environmental Specialist Bill Lorenz, Director of Environmental Services 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA - Revised May 3, 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 April 5, 2006 Meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Planned Unit Development No. PUDZ-2005-AR-8337 "Brooks Village CPUD" Section 15, Township 49, Range 26 B. Planned Unit Development No. PUDZ-A-2005-AR-8438 "Windstar PUD" Sections 11, 14 & 23, Township 50 South, Range 25 East VII. Old Business A. Update members on projects VIII. New Business A. Elect new Vice Chairperson B. Lely Area Stormwater Improvement Project (LASIP) - Stormwater Management Department C. Listed species compensation - USFWS D. Discuss letter to SFWMD regarding rule changes E. Parks and Recreation Department briefing on proposed Keewaydin shuttle IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ************************************************************************** ****************************** Council Members: Please notify the Environmental Services Deoartment no later than 5:00 o.m. on ADril28, 2006 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. May 3, 2006 I. Call to Order The meeting was called to order by Chairman William Hughes at 9:03 AM. II. Roll Call A quorum was established with Terrance Dolan absent at the time of roll call. III. Approval of Agenda Mr. Hill moved to approve the revised agenda. Second by Dr. Hushon. Carries unanimously 6-0. IV. Approval of April 5, 2006 Meeting minutes Dr. Hushon noted on page four under Mr. Penniman's motion the word should have been "residents" not "residence". Mr. Horn moved to approve the April 5, 2006 minutes as amended. Second by Mr. Hill. Carries unanimously 6-0. V. Upcoming Environmental Advisory Council Absences Ms. Mason announced that the next meeting is set for June 14th. Mr. Hughes stated that Mr. Penniman will miss the next three consecutive meetings. Mr. Dolan joined the meeting at 9:09AM. Ms. Mason also announced that setting up alternates for the Council will require changes within the Land Development Code; which is in progress. Dr. Hushon will not be attending the meeting in September and Mr. Sorrell will probably not attend in August. Mr. Griffin will look into Mr. Pennimans' ability to attend the meetings remotely. Chairman Hughes would like to excuse Mr. Penniman from the requested dates. Mr. Hill moved to authorize Mr. Penniman's absences. Second by Dr. Hushon. Carries unanimously 6-0. Mr. Hughes welcomed James Harcourt. 2 May 3,2006 Mr. Harcourt introduced himself as a previous resident of California that has vacationed in the area for twenty years. He is a Biologist and has been a Professor. His wife is setting up a practice in town, she is a physician. VI. Land Use Petitions A. Planned Unit Development No. PUDZ-2005-AR-8337 "Brooks Village CPUD" Section 15, Township 49, Range 26 - Presenters were sworn in by Mr. Griffin. - No disclosures. Dwight Nadeau, RW A gave a presentation including the following points: This is the first public hearing to occur after the amendments to the Growth Management Plan. The project is located on the southwest comer of Pine Ridge Blvd. and Collier Blvd. for a total of 31.74 acres. Project location was demonstrated on an overhead map. It is a residential/commercial project. A Southwest Florida Water Management permit will be required. Construction will start around the first or second quarter of 2009. The talanzia on site will be relocated. Dr. Hushon suggested moving the preserve lands, making them larger, and shifting the dry detention area down. Laura Roys noted the restriction on required shapes for preserves since the project is located within Golden Gate; it is consistent with the Growth Management Plan. Mr. Nadeau replied that he will take the suggestion into consideration. Mr. Chrzanowski added that the Architectural Ordinance will not allow a dry detention area in the narrow shape that is demonstrated on the overhead. Mr. Griffin swore in Jim Kelton. Mr. Kelton an environmental consultant noted that there are no fox squires on the property and not too much exotic pepper. Mr. Dolan suggested having the large pines preserved. Procedures addressing water runoff of the site were reviewed. Mr. Dolan moved to approve staffs recommendation for approval with the conditions as noted: that the ERP and Water Management District permit has to be obtained and have the applicant reevaluate the site plan, reevaluate the shape of retention and preserve areas, possible tree 3 May 3, 2006 retention within parking area and a brief presentation by staff after the ERP is approved and once the Water Management District has given approval. Second by Dr. Hushon. Carries unanimously 7-0. B. Planned Unit Development No. PUDZ-A-2005-AR-8438 "Windstar PUD" Sections 11, 14 & 23, Township 50 South, Range 25 East Presenters were sworn in by Mr. Griffin. No disclosures. Clay Brooker, Cheffy Passidomo, Wilson & Johnson representing the owner gave a presentation including the following points: This is the third time the project has come before the Environmental Advisory Council. The County dredging project on the property has begun and should be completed by the end of the year. Demonstration on the overhead of the latest site plan in comparison with the previous. Dr. Hushon pointed out that the conceptual plan does not show mangrove preservation. Tim Hall, Terrell & Associates noted that docks can not go beyond 20 feet or they must have a boat dock extension permit or variance. Mid 2007 would be the earliest construction could begin. Dr. Hushon moved to accept the plan with staff recommendations and with the assurance that the mangrove boarder is retained. Second by Mr. Hill. Carries unanimously 7-0. VII. Old Business A. Update members on projects No updates due to computer difficulties. VIII. New Business A. Elect new Vice Chairperson Mr. Horn asked for Dr. Hushon to be considered. Second by Mr. Dolan. Carries unanimously 7-0. 4 May 3, 2006 B. Lely Area Stormwater Improvement Project (LASIP) - Storm Management Department Jerry Kurtz, Collier County Storm Water Management gave a Power Point Presentation including the following points: Demonstration of project limits and proposal. Improvements and location. The purpose of LASIP is to move storm water efficiently when needed in preparation for storm events and provide water quality treatment components as it is discharged and to construct control structures to hold water back, to store water, protect the resource and aid in the aquifer recharge. Road improvements and LASIP are coordinating efforts. A taxing district may be set up to cover the cost of the project. Water sampling is part of the permitting requirements. He will return to give updates. Gene Calvert, Storm Water Management Department looks forward to presenting all of the exiting things going on throughout the County before the Council. The meeting recessed at 11: 12 AM, reconvening at 11 :22 AM. C. Listed species compensation - USFWS Spencer Simon, Supervisor with Fish and Wildlife Services gave a Power Point Presentation (see attachments) including the following points: Compensation and Mitigation. Review of Section 7 and Section 10. Mitigation is to pay into a fund that purchases land. 90 panthers are set to live in Southwest Florida. Mr. Hughes requested information and advice from the Federal Government related to Panthers within the month. Mr. Sorrell brought out the problem of no monitoring on relocations of animals. Public Speakers- Bob Krasowski mentioned the beach renourishment continuing with permit extensions within Collier County that started late. It is his position that the beach renourishment should stop. Turtles mate just off shore; the equipment interferes with the process. He will be challenging the continuation of the 5 May 3,2006 current renourishment. He gave an illustration that a person would not be permitted to rob a bank as long as it did not interfere with the American economy as a whole, even killing some of the employees as long as it did not interfere; but that is how the endangered species are looked at. Humans should live in harmony with the animals. Mr. Simon responded that the beach renourishment project continuation was found not to cause jeopardy to the turtles. Mr. Hughes requested information on Sea Turtles from Mr. Simon. D. Discuss letter to SFWMD regarding rule changes Dr. Hushon wrote a letter (see attachment) to Mr. Meiers from South Florida Water Management District. Mr. Griffin addressed the Council that the letter should go through the Board of County Commission in order to go to Mr. Meiers. It was decided to have Dr. Hushon readdress the letter to the Board of County Commission with Mr. Hughes signature. E. Parks and Recreation Department briefing on proposed Keewaydin shuttle Amanda Townsend, Operations Annalist for Collier County Parks and Recreation gave a Power Point (see attachment) reviewing the proposed project for public vessel access to Keewaydin Island including the history of the Beach Initiative that started the proposed project moving forward. Dr. Hushon mentioned that the Conservancy already has this service. People take a boat to the Island for an hour; there is no shelter, or restroom on the Island. Facilities are supplied on the boat. She also expressed concern with dropping people off on the Island for the day. Mr. Hughes would like to have the plan presented to the committee as it develops. Dr. Hushon suggested to Ms. Townsend to limit the time people are on the Island, have facilities on the boat, not have it handicap accessible, talk with the Conservancy, and review the transcript of the similar project that was rejected by the Environmental Advisory Council. Ms. Townsend agreed to bring the project back before the Council, though it will probably not come before the Council for permitting because it is within the City of Naples limits. 6 May 3, 2006 IX. Subcommittee Reports The Preserve has met once and will be meeting again May 5th and May 12th. Definitions on preserves are being evaluated. X. Council Member Comments None XI. Public Comments Bob Krasowski said hello to the new Committee member Mr. Harcourt. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 12:54 PM COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes 7