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EAC Minutes 06/06/2007 R June 6, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, June 6, 2007 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 William Hill (excused) Lee Horn Dr. Judith Hushon Roger Jacobsen Richard Miller Nick Penniman (excused) Michael V. Sorrell Dr. Llewellyn Williams David Bishof(alternate) ALSO PRESENT: Summer Araque, Senior Environmental Specialist Stan Chrzanowski, P.E., Engineering Review Manager Susan Mason, Principal Environmental Specialist Laura Roys Gibson, Environmental Specialist Margaret Bishop, Sr. Project Manager Gene Calvert, Stormwater Management Director Jeff Wright, Assistant County Attorney ENVIRONMENTAL ADVISORY COUNCIL AGENDA June 6, 2007 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 May 7, 2007 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Conditional Use CU-AR-8748 and Environmental Impact Statement, No. EIS-2007-AR-11502 "Ashraf Fawzy Aquaculture" Section 22, Township 49S, Range 27E VII. New Business A. Update members on topics of interest (future presentations sched uled) B. Recycled Roof Tiles C. Gordon River Greenway D. 5 year review of the RLSA - July 24, and July 25, 2008 BCC Chambers VIII. Old Business A. Update members on projects IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ***********************************************************-****** Council Members: Please notifv Summer Araaue. Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on June 1. 2007 if vou cannot attend this meetina or if vou have a conflict and will abstain from votina on a petition 1530-62901. 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. June 6, 2007 I. Call to Order Chairman William Hughes called the meeting to order at 9:00 A.M. II. Roll Call Summer Araque called the roll and a quorum was present. III. Approval of Agenda Dr. Judith Hushon explained that New Business is on the agenda ahead of Old Business in order to accommodate the Presenters under New Business. Roger Jacobsen moved to approve the agenda. Second by Lee Horn. Carried unanimously, 8-0. David Bishof, alternate, had arrived at 9:04 A.M and was introduced to the members at this time. He spoke briefly on his background. IV. Approval of May 7, 2007 Minutes Corrections noted by Council Members: Page 1. correct spelling of Dr. Williams name is - Dr. Llewellyn Williams Page 3. under Disclosure- Mr. Jacobsen's 2nd comment is to read... stated concerns that Rookery Bay would not have sufficient manpower to monitor this, as well as the southern tip of Keewaydin. Page 6. under Discussion - 5th bullet is to read... RCW habitat survev is being requested. Page 7. under C. 16'h bullet is to read... RCW survey has been done and no active RCW cavity trees were found on the mine site. Page 8. XL Public Comment was heard before item VII., thus shown out of order in minutes. Page 8. under VII. Old Business A. is to read... The Sunshine Laws -Strike Roberts Rules of Order and Also -the last word in the paragraph - correct spelling is Janet Curran Page 9. under VIII. correction under Disclosure -Mr. Jacobsen affirmed that he does IlOt know the petitioners personally. Mr. Sorrell stated it was he, not Mr. Jacobson who knew the petitioners. Roger Jacobsen moved to approve the minutes, as amended. Second by Dr. Llewellyn Williams. Carried unanimously, 8-0. Michael Sorrell brought to everyone's attention, that copies of the video tapes of the meetings are readily available for viewing. 2 June 6, 2007 V. Upcoming Environmental Advisory Council Absences Summer Araque announced that there will be meetings held July 11 and August 1. She requested to be informed of any upcoming EAC absences. Nick Penniman will be absent for thc July meeting. Dr. Llewellyn Williams stated he will be absent for the August meeting. VI. Land Use Petitions A. Conditional Use CU-AR-8748 and Environmental Impact Statement, No. EIS-2007- AR-llS02 "Ashraf Fawzy Aquaculture" Section 22, Township 49S, Range 27E Presenters were sworn in. Disclosure: Roger Jacobsen stated he contacted the agent and found out that Alan Roseman is retired and no longer with the firm. He was referred to Wayne Arnold. He called Mr. Arnold for an appointment to visit the site; but did not receive a return call. Rich Y ovanovich of Goodlette, Coleman and Johnson, representing Mr. Ashraf Fawzy, introduced Jeremy Sterk, Hoover Planning and Development, Inc. and Dean Smith, an engineer with Grady Minor and Associates, P.A. who were present to answer environmental and engineering questions, respectively. Mr. Y ovanovich explained that the petitioner, Ashraf Fawzy, is seeking a Conditional Use to permit excavation and removal of dirt, in excess of 4,000 cubic yards, for a lake, as part of an aquaculture facility for native fish. · He pointed out the area on a presentation map. The lands concerned, a 15 acre parcel, permitted under the Right to Farm Act are designated as Sending and listed as agricultural use under the Collier County's Comprehensive Plan. · At issue and the reason for the conditional use permit was that digging the hole was allowed but removing the dirt from the property required a conditional use permit. · Agreement in place for removal of dirt and for stabilization ofroads as the process progresses. · Best Management Practices (BMP) are being followed in the construction and management of the facility itself, including any fish waste related procedures. · All water from the site will be routed into the aquaculture lake. · The Environmental Impact Study (EIS) requirements have been met. EAC's review of the EIS would follow through with continuation of the process of obtaining the Conditional Use permit. · He asked for the approval of the ElS by the EAC. Dean Smith answered several questions posed by the Council Members regarding berms, de- watering, sheet flow, wells and effects on adjacent land owners. Stan Chrzanowski pointed out the site area on a map and spoke ofthe pit bids coming in for other properties around the project. He noted that the property lies at the divide between Golden Gate Basin and Henderson Creek Basin so no surface drainage shadow is involved. Roger Jacobsen noted that with each applicant for projects (mining, farms), the whole section is visibly changing and sheet-flow will be changing. He also questioned how much 3 June 6, 2007 soil would be removed and time frame. (approximately 300,000 cu.yds. in approximately 5 months) Dr. Judith Hushon noted that nutrient rich waste from pond and fish would be produced and asked what options in the BMP would be used for dealing with it. Jeremy Sterk explained the natural processes with stocking and feeding rate limits will provide natural bacteria to maintain proper balance. Plant accumulations would have to be de-mucked and moved to landfill at some distant point in time. Ashraf Fawzy explained about the cages to be used for the fish (like floating docks) and the types of fish. He stated that waste was organically broken down. Plant bacteria and soil will filter. Adding less fish to large amount of water balances the breakdown of waste. Dr. Llewellyn Williams questioned contingencies in catastrophic situations, such as crash of system, hurricanes and unforeseen situations. (Will be a haul off site) David Bischof asked about aeration plans. Ashraf Fawzy explained that the small amount of fish would make aeration unnecessary. Organic, natural means were preferred. They have a system; but plan not use it too often to save energy. Their main objective was to use BMP and to not lose the fish. William Hughes spoke about the cumulative knowledge and depth of experience of the Council Members, along with their object of being protective of local control when it comes to the hard task of weighing costs and benefits of the development, as evidenced by their concerned questions. Public Comment: - None Staff Comments: Laura Roys Gibson, Environmental Services clarified some points in Rich Y ovanovich's presentation: · Issue was not just to remove dirt, but also one of raising fish. Thus, the need to approve EIS for aquaculture operation. Only because aquaculture is an agricultural use is the Conditional Use allowed in Sending Land. · Staff has not completed Agricultural Notification for clearing vegetation. It can be done after EIS is approved. · They will need excavation permit to start digging. · Other zoning requirements/site improvement plan may be needed. Staff recommended approval with following conditions, which had been agreed to by the petitioners: Stormwater Management- there were no further conditions Environmental - 1. Results of the Big Cypress Fox Squirrel survey and listed plant species relocation will be provided within 60 days of the Agricultural Clearing Notification approval. 2. Copies of required agency permits shall be submitted before approval of the Conditional Use. Chairman Hughes question what will be done in the event operation ceases at the end of a 20 year or longer term period. 4 June 6, 2007 Rich Yovanovich noted that there were 3 parcels making up the site that may allow 3 homes could by built, under Sending Lands density, unless rules change on the ability to do TDRs. Chairman Hughes then passed out large aerial maps, provided by Stan Chrzananowski, for members to mark each project as it comes along for review, in order to view the big picture as these areas are opened up; keeping in mind the impact to the area. He cited the need for an updated lidar for use of natural flow resource information. Dr. Judith Hushon cited watershed management plans having a need for maps and unified planning documents to show overall water flow as various water management planning entities plan future projects and for better demonstrations at public meetings. The two issues to be voted on were the EIS, with its two conditions recommended by staff and the Conditional Use and its required permits commg m. Roger Jacobsen moved that the Council approve the EIS recommendation alld the Conditional Use recommendation based on staffs two environmelltal concerns- Fox squirrel and plant species relocation provided with ill 60 days and the permits for the Conditional Use submitted before approval. William Hughes requested a caveat be added to the motion stating that water wells are not there to cycle water in the pond but ollly there for human potable use. Roger Jacobsen agreed to add the caveat to his motion. Motion seconded by Dr. Judith Hushon. Rich Yovanovich requested that there be two separate motions. He did not want the EIS, with the two conditions that could be voted on immediately, to be tied to the Conditional Use recommendation for approval which had additional requirements, in order to be able to begin clearing the land. Discussion and clarification by Jeff Wright, Assistant County Attorney, followed. The original motion and second were withdrawn. Roger Jacobsen moved that the Council approve the EIS, conditioned upon the inclusion of the two staff concerns regarding the results of the Fox Squirrel survey and plant species relocation being provided within 60 days of the Agricultural Hearing Notification approval. In addition, approval is conditioned upon the water wells being used for human potable uses and not to replenish or cycle water in or into the aquiculture lake. Second by Dr. Judith Hushon. Carried unallimously, 8-0. Roger Jacobsen moved that the Council recommelld approval of the Conditional Use based on all staff requirements and based on item two of their environmental issues, namely, copies of the required agency permits shall be submitted before approval. Second by Richard Miller. Carried unanimously, 8-0. 5 June 6, 2007 Discussion followed regarding the raising oftilapia being allowed in Collier County and the fact that exotic fish were prevalent in the waters of the County and pushing native fish out. Studies need to be done. Ordinance changes were mentioned. Ashraf Fawzy stated tilapia is in his native Egypt, is not predatory and flourishes with native fish. VII. New Business A. Update members on topics of interest (future presentations scheduled) Summer Araque reported on reduction in Staff from 7 to 4. Council concerns were for reduction in service, loss funding and loss of staff with expertise. Budget numbers and staffing policies are available to Council Members upon request. Susan Mason gave several details on various reviews being done by staff; some larger projects and training that had kept staff busy. The workload has been steady, but slower in conjunction with the building industry slowdown. Council Members requested policy, staffing situation and budget information from CDES. Summer Araque updated the Council Members on future presentation scheduling. o Team Ocean -July o Florida Fish and Wildlife Cre: collaboration) - August o Pollution control- Herbicide review- November Roger Jacobsen mentioned attending a Big Cypress meeting where a presentation was given by many management entities involved in that whole area. It was given with a with vision 10 to 20 years out in Belle MeadeIN. Belle Meade area. He requested that presentation be scheduled for EAC. B. Recycled Roof Tile Jack Goddard and his son, Curtis, of Goddard's Construction presented an informative demonstration of a product that he is in the process of developing and manufacturing at a distribution center building being established in Immokalee. Michael Sorrell had seen the product and knew it would be of interest to the Environmental Advisory Council for its innovative environmental properties. Experimenting with plastics, research and design, Mr. Goddard and his company have and are modifying and improving the product for area needs. They include the following: · product design, research and development over 8 years by RPM manufacturing · 30,000 hours in UV test chamber; IS,OOO hrs other tests; wind tested to 110 mph . Since then found new ways to fasten and strengthen to withstand higher mph- lighter than shingles, cheaper, environmental and eco-friendly and is recyclable. . No flying debris hazards as made of rubber and plastics; · No hazardous waste generated from factory process- remolded rubber & plastic · Comparable to clay tiles in shape and style -superior in strength . Cost comparisons are difficult because of different materials used to fasten as well as ability to utilize lighter underlying material. · Can retrofit over existing asphalt; do not have to remove roof. · Fire retardant, strength and structural integrity may be insurance incentive 6 June 6, 2007 · Targeted market- older homes, shingled roofs Chairman Hughes suggested insurance and mastic issues be researched. Council Members thanked Mr.Goddard, asked to see photos of the operation and offered help with codes, permits or any other County issues. They also complemented the fact that environment-friendly and economically feasible, new ideas in home-building were being implemented. BREAK: 10:35 AM Chairman Hughes announced he would he leaving during the break due to a previous commitment and Vice-Chairman, Dr. Judith Hushon, would take over the Chair. RESUMED: 10:45 AM Vice-Chairman Dr. Judith Hushon took the Chair at this time. C. Gordon River Greenway Margaret Bishop, Stormwater Management- Senior Project Manager introduced Gene Calvert, Stormwater Management Director. She also made note that Amanda Townsend, Operation Analyst in Public Services Division, Parks and Recreation, who was instrumental in obtaining the FCT Grant for the project and Roy Anderson, Director of Public Utilities Engineering, who will be involved with the ASR Component of the project, are the other key persons involved. She provided an overview of the Gordon River Greenway Park Project, pointing out on the projected screen, the location and acreage of the site. · Location is south of Golden Gate Parkway and east of Goodlette Frank Road, adjacent to the Conservancy and behind the Naples Zoo. . Approximately 65 acres · Mangrove Swamp, upland areas, Gopher tortoises, 90 burrows identified (and still surveying and doing assessments) Three Objectives of the Project were stated: 1. Environmental protection 2. Passive Park setting 3. Water quality component (take water from Gordon River and treat it before it goes into Naples Bay) Several public meetings are planned for input. Conceptual plan was shown, noting that it will look different when it comes to the EAC for approval with the EIS. Components described were: . Docking facilities . Canoe & Kayak launch · Pedestrian bridges and walkways, pavilions - preserve area . Trail system - educational stations · Shared parking with the Conservancy and Naples Zoo. The Request for Proposal for the design consultant was received May 2nd Negotiating design contract with Kimley-Hom & Associates, Inc.; contract expected to be awarded in Sept. 2007. 7 June 6, 2007 . Plan is to restore habitat, have exotics removed. · Small study on how to take water from Golden Gate main canal and the Gordon River and connecting the trail way system. . ASR component to look for reclaimed water . Project is 2nd in a series of 3 Grants received. I. Initial grant Gordon River Water Quality Park - (north-50 Acres) 2. Gordon River Water Quality Park 3. Conservation Collier property, just purchased Overall plan is for creating a series of three projects to connect the green way and for environmental education sources. Gene Calvert then spoke to the question of where the water comes from and what is being treated, stating the project would look to both water sources from Gordon River and Golden Gate Main Canal, working also with Public Utilities. Using the projected screen presentation, he pointed out: · The process of treating water from south of Golden Gate Parkway, north of the weir, before it hits Golden Gate Main. Also of what water is now treated and where it is treated. Plan is to run this and some water from other older areas and industrial areas, which are not · presently being treated, through the new Water Quality Park, treating it before it goes out to the Naples Bay. · Two ways to address water quality issues - public education as to the effects of fertilizers and treatment of the outfalls. · Golden Gate Main canal, which connects with the Gordon River behind the airport, is diluting water going into Naples Bay. · Both an educational project for the public and monitoring project for the County · Wetlands and Bio-retention methods for drawing out nutrients are both part of the proj ect · Recover through ASR component - captures fresh water lost to tide · Stormwater component - take water through a series of ponds naturally using wetland to treat as it goes out goes out to Bay Roger Jacobsen commended the fresh water dilution method for Golden Gate Canal. He stated that the Canal, which initially was planned to take 60 million gallons of fresh water a day into Naples Bay, now has over 200 million gallons a day going into the Bay. The northern part no longer is a salt water estuary. He stated that the Council supports efforts of the project to correct the problem. Vice-Chairman Dr. Judith asked about the piece taking this pathway down to Henderson Creek and ifplans are in place for a before and after study. Margaret Bishop stated Henderson Creek portion connection is in future plans. Concentration is for this portion at present. Also, a before and after study is planned with DE? input. Gene Calvert answered questions from the Council Members regarding a Passive Park and long term monitoring. 8 June 6, 2007 He stated there will be restrooms, but no ball parks, tennis courts or commercial concessions under the restrictions of the FCT Grant. A 5-year monitoring program with the objective of creating a maintenance free. non- mechanical, natural system that will continue to work in years to come is the focus for the project. D. 5- year review ofthe RLSA - July 24 and July 25, 2008 Summer Araque asked the Council Members to note on their calendars: July 24 & 25, 2008 - Comprehensive Plan Dept. will be presenting the 5-year review of the Rural Lands Stewardship Area. This will be a special meeting, not at the regular EAC meeting. Question regarding specific projects were referred to Comprehensive Planning Department. Vice-Chairman Dr. Judith Hushon requested copies of RLSA regulations for Council Member to read through. It was announced that the information is available on the Collier County web site under Growth Management Plan. Summer Araque will provide Dr. Hushon with the links. Jeff Wright, Assistant County Attorney announced that Planning Staff had approached their office to begin the process of creating a Review Board for the RSLA 5-year review is in works. The process being-they would request the BCC to direct staff to put together the documents. Then bring back again to have the BCC approve, by resolution, the creation of a 5yr Review Board. VIII. Old Business A. Update Members on Projects Summer Araque reported on the following: · Mirasol PUD had come before the BCe. Will be doing PUD amendment. Members can set up appointment with Tim Hall to go on site before wet season, on an individual basis. · Watershed Management presentation with Big Cypress was in the works . Wolf Creek project was approved Regarding the Council Members request for LDC Amendments, the procedure was given that a letter, stating what change is being requested in the Amendment, would be sent to the BCe. They will then direct the CDES Administrator to direct staff to write such Amendment. Susan Mason explained that this procedure is followed to assure that the BCC is comfortable with and supportive of the concept and the funding, before staff time is committed to research and writing up of the Amendment change. IX. Subcommittee Reports - None X. Council Member Comments - None 9 June 6, 2007 XI. Public Comments - None XII. There being no further business for the good of the County, Roger Jacobsen moved to adjourn. Second by Richard Miller. Carried unanimously, 7-0. The meeting adjourned at 11 :17 AM COLLIER COUNTY ENVIRONMENTAL COUNCIL Chairman, William Hughes These minutes approved by Board/Committee on as presented , or as amended 10