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EAC Minutes 09/16/2006 R September 6, 2006 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, September 6, 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 a.m. 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 - Absent Judith Hushon Irv Kraut Nick Penniman- Absent Michael Sorrell- Absent ALSO PRESENT: Stan Chrzanowski, Planning Review Marjorie Student-Stirling, Assistant County Attorney Susan Mason, Senior Environmental Specialist Bill Lorenz, Director of Environmental Services Barbara Burgeson, Sr. Environmental Specialist 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA September 6, 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 June 14, 2006 & July 5, 2006 Meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions VII. Old Business A. Update members on projects B. Stormwater in preserves LDC amendment-latest version VIII. New Business A. Presentation of DCA's Objections, Recommendations and Comments Report on the EAR Amendments IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ************************************************************************** Council Members: Please notify the Environmental Services Decartment no later than 5:00 c.m. on SeDtember 1, 2006 if vou cannot attend this meetina or if you have a conflict and will abstain from votina on a cetition (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. September 6, 2006 I. Call to Order The meeting was called to order by Chairman William Hughes at 9:05 a.m. II. Roll Call Roll call was taken and a quorum established. III. Approval of Agenda Dr. Hushon moved to approve the agenda. Second by Mr. Hill. Carries unanimously 6-0. IV. Approval of June 14, 2006 & July 5, 2006 Meeting Minutes Changes to the June 14,2006 Minutes: - Last word on the last page should have read "Commissioners" not "Commission" . Mr. Dolan moved to approve the minutes. Second by Mr. Kraut. Carries unanimously 6-0. Mr. Harcourt moved to approve the July 5t\ 2006 minutes. Second by Mr. Kraut. Motion carries unanimously 6-0. Ms. Mason requested item "VII. Old Business, B. Stormwater in preserves LDC amendment-latest version" be re-titled to "B. Changes to the LDC amendments". Dr. Hushon moved to include all the modified LDC amendments as requested. Mr. Hughes would like to hear from the sub-committee any information pertinent to cats. Ms. Mason agreed to have that on the next month's agenda. Mr. Dolan seconded. Motion carries unanimously 6-0. V. Upcoming Environmental Advisory Council Absences None VI. Land Use Petitions None 2 September 6, 2006 VII. Old Business A. Update members on projects Dr. Hushon would like verification that the letter on Mirasol went to the Board of County Commissioners requesting to deny the extension and have it again come before the Environmental Advisory Council. Ms. Student- Sterling added that if the direction from the Board is to amend the PUD then it would again come before the Environmental Advisory Council. Dr. Hushon announced that she went before the Planning Commission on the Keewaydin issue. B. Stormwater in preserves LDC amendment-latest version LDC Sections: 1.08.02. 2.01.03 A.9. 201.03 B.1.e. and 2.01.03 G.1.f.- Bill Lorenz noted that the limitation of this amendment is to ensure that motorized vehicles are not the primary purpose of recreation; there use will be for management purposes only. Mr. Hughes moved to accept the amendments as written. Second by Mr. Hill. Motion carries unanimously 6-0. LDC Sections: 3.05.07. H.1.d.- Dr. Hushon commented that she attended the Planning Commission meeting that addressed the issue dealing mostly with small projects. Open discussion ensued. It was noted that the runoff water will have full treatment before going into the preserves, though there will be no water quality testing to monitor. Mr. Dolan suggested a language change to h.ii.b)- as "shown to be occupied by listed species", or "utilized by listed species". Mr. Hughes expressed concerns with not having a data base for water quality monitoring, plants, and development rates. Public Comment- Andy Woodruff, Passarella & Associates, addressed possible buffer issues and that supplying water to wetlands can be beneficial. He added that there needs to be clarification on the "listed species" language. Ms. Burgeson replied that language could be added for an exception to the 25 foot buffers. 3 September 6, 2006 Discussion endued on the ability to allow storm water into wetlands and uplands, including wetlands that connect with uplands. Bruce Layman, Wilson Miller, reviewed the proceedings of the language being reviewed. He addressed wetlands, upland buffers and soils, with the possible need for the stormwater to flow into certain area. Mr. Dolan suggested a language change of "(pub. USDA, 198), or other uplands that demonstrate evidence of seasonal surface hydrology or a combination thereof." Ms. Burgeson addressed Mr. Layman's comments reviewing the Land Development Code as it currently stands. Nichole Ryan, Conservancy, noted that storm water is not permitted in preserves. This new language is not more restrictive, it opens things up. The word "benefit" was originally in the language but has since been removed. She feels that the language as it is now can be supported by the staff and Conservancy. Mr. Hughes suggested elevating buildings on pylons and reevaluating the type of construction going on. Margaret Emblidge, Collier Enterprises, requested that the language be clear enough to properly evaluate each situation on a case by case basis. She feels that the Rural Land Stewardship program would be negatively impacted by the current language changes. Ms. Burgeson replied that she does not believe this will impact he Rural Land Stewardship areas. Mr. Lorenz would like to make sure there is no conflict with the Rural Land Stewardship areas and have an analysis for the Planning Commission's meeting tomorrow. Doug Lewis distributed written comments made by Gulf Shore Engineering (see attachment). He mentioned that unintended consequences could occur on the flood plan or impact plant and animal species. He feels that the language used with hydric soils may be too ridged. Ms. Burgeson addressed Mr. Lewis's specific clarifying questions. Dr. Hushon suggested the language "upland preserves utilized by listed species". 4 September 6, 2006 Mr. Hill moved to approve Dr. Hushon's suggested language. Second by Mr. Harcourt. Motion carries unanimously 6-0. Mr. Harcourt moved to approve the language suggested by Mr. Dolan "(pub. USDA, 198), or other uplands that demonstrate evidence of seasonal surface hydrology or a combination thereof." Second by Mr. Hill. Motion carries 5-1 with Dr. Hushon opposed. Mr. Hughes called to reconsider the vote again to negate the original vote. Second by Mr. Harcourt. Motion carries 5-1 with Mr. Dolan opposed. Dr. Hushon suggested the language "or other uplands that demonstrate evidence of benefit due to presence of historical biological indicators of seasonal hydration." Chairman Hughes left the meeting at 10:52 a.m., open discussion continued, he returned at 10:54 a.m. Dr. Hushon suggested the language "including upland buffers in accordance with South Florida Water Management District permits". Mr. Hill moved to approve Dr. Hushon's suggested language "including upland buffers in accordance with Southwest Florida". Second by Mr. Hughes. Motion carries unanimously 6-0. Dr. Hushon suggested providing a variance procedure to include staff consultation for those sites where it will still remain as a benefit to the wetlands not a detriment to the uplands. Mr. Lorenz suggested it be a deviation instead of variance that would go through a public hearing process. Dr. Hushon suggested a motion on providing a variance procedure for staff to review alternative plans to ensure that they would benefit wetlands and not adversely impact uplands. Mr. Hill so moved. Mr. Hughes seconded. Motion carries unanimously 6-0. Dr. Hushon asked for a motion to change the word "variance" to "deviation". Mr. Hughes so moved. Second by Mr. Hill. Motion carries unanimously 6-0. The meeting recessed at 11 :09 a.m. reconvening at 11 :22 a.m. 5 September 6, 2006 Dr. Hushon asked for a motion to leave the paragraph of section 3.05.07.H.1.d.ii.a) as is. Mr. Hughes so moved. Second by Mr. Hill. Motion carries unanimously 6-0. Mr. Hughes moved to reconsider the previous vote. Second by Mr. Hill. Motion carries unanimously 6-0. Dr. Hushon suggested getting rid of prior language and just make one change to section ii.a) "Treated stormwater shall be allowed only in preserves that are comprised of jurisdictional wetlands, uplands comprised solely of hydric soils as mapped in the Soil Survey of Collier County Area, Florida, (pub. USDA, 1998), or a combination thereof including upland buffers in accordance with the South Florida Water Management District permit process." Mr. Hill moved to accept the language. Second by Mr. Hughes. Motion carries unanimously 6-0. For the record Ms. Burgeson clarified that the appeals process is to the Environmental Advisory Council; in reference to the motion providing a deviation procedure for the staff. LDC Sections: 8.06.03. 8.06.04. and 8.06.10- Mr. Hughes moved to accept the language. Second by Mr. Harcourt. Motion carries unanimously 6-0. LDC Sections: 1O.02.02.A2. 1O.02.02.A.4.h. 10.02.02.A.7- Ms. Student-Stirling brought out that the County has the authority to do a County wide rezone, but she can not imagine the County doing an EIS. Mr. Woodruff received clarification on the language. Dr. Hushon asked to have a motion to accept this segment. Mr. Hill so moved. Second by Mr. Hughes. Motion carries unanimously 6-0. Dr. Hushon added that the preserve shape suggested language previously brought before the Council was with drawn from the Land Development Code amendments. Ms. Burgeson addressed Rich Yvonavich's questions regarding this section. She took his suggestion to add "required amount". 6 September 6, 2006 Rich Y ovanovich then requested that it be on the record that "minimum" can be interpreted differently by different people. VIII. New Business A. Presentation of DCA's Objections, Recommendations and Comments Report on the EAR Amendments Mr. Lorenz reviewed "Objections recommendations and Comments Report for Proposed Comprehensive Plan Amendment: 06-1ER" (see attachment). The intent of this line item was to notify the Council what the process will be and suggest creating a sub-committee to assist in language development. It was suggested for the Council Members to send suggestions on the document to Bill Lorenz. Dr. Hushon offered her assistance. Public Speakers- Nicole Ryan, Conservancy, does not believe that an interim plan as ordered by DCA can be crafted in a week. She suggested looking at flow way maps for assistance. Restoration plans and sending lands need to be taken into account. She would like to work with staff on the creation of the language. She then distributed a document from the South Florida Water Management District (see attachment). Mr. Harcourt offered his assistance. It was agreed for the sub-committee consisting of Council Members Dr. Hushon and Mr. Harcourt to meet on Monday the 11 th at 8:30 a.m. IX. Subcommittee Reports Irv Kraut left the meeting at 12:30 p.m. Dr. Hushon mentioned that the Habitat Conservation Plan Advisory Committee has finished a draft of a feasibility study for a Habitat Conservation Plan for Red Cockaded Woodpeckers that will be presented to the Board of County Commissioners. She reviewed the proceedings of the Habitat Conservation Plan Advisory Committee. X. Council Member Comments Mr. Dolan gave kudos to various persons on their accomplishments. 7 September 6, 2006 XI. Public Comments Nicole Ryan mentioned that the Board of County Commissioners will be having a meeting where they will be considering funding of the watershed management plans; she suggested the Council make a motion to support the funding. Dr. Hushon suggested that someone go to the meeting. ***** There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 12:40 p.m. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes 8