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EAC Minutes 08/01/2007 R August 1, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, August I, 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 Lee Horn Dr. Judith Hushon Roger Jacobsen David Bishof (for Nick Penniman) Michael V. Sorrell Dr. Lew Williams (Excused) Richard Miller William W. Hill ALSO PRESENT: Jeff Wright, Assistant County Attorney Bill Lorenz, Environmental Services Director Summer Arague, Senior Environmentalist August 1,2007 I. Call to Order The meeting was called to order by Chairman William Hughes at 9:00 AM. II. Roll Call A quorum was established. III. Approval of Agenda IV. Mr. Sorrell moved to approve the Agenda. Seconded by Mr. Hill. Carried unanimously 8-0. IV. Approval of July 11, 2007 meeting minutes. Discussion ensued regarding the desirability of adding the names of the individual Committee members more often in the minutes. Mr. Sorrell requested the addition of the following to the discussion on Page 4 regarding burrowing owls: "Insufficient data had been supplied to verify the number of burrowing owls since the commencement of mining activities." Dr. Hushon moved to approve the Minutes of July 11, 2007 as amended. Seconded by Mr. Hill. Carried unanimously 8-0. V. Upcoming Environmental Advisory Council Absences Chairman Hughes announced receipt of a letter of resignation from Dr. William Hill. Chairman Hughes expressed his appreciation for the years of service of Mr. Hill. Mr. Miller stated he would not be present for the October 2007 meeting. VI. Land Use Petitions A. Planned Unit Development PUDZ-2005-AR-8416 "Pezzetino Di Cielo RPUD," Section 12, Township 48 South, Range 25 East Presenters were sworn in by Assistant County Attorney Jeff Wright. Disclosures: Mr. Jacobsen disclosed that he called Kimberly Schlachta seeking permission to enter the property that Ms. Schlachta was unable to give. Mr. Jacobsen stated he called the owner of the property who was not available and there was no return telephone call. Kimberly Schlachta gave a presentation regarding the project. (See attached Staff Report) . There were no adjacent preserves, wildlife corridors or environmental issues directly surrounding the project 2 August 1,2007 · Site contained just under one acre of wetland at the northwest side of the site near the entrance area where the preserve was planned to be located . There was an old agricultural facility where tractors, mowing equipment, pigs and horses were kept · Some areas were remnant areas that contained pockets of pine with scattered exotics, a lot of clearing had been done, open areas did not contain a lot of indigenous vegetation, all of which had been taken into consideration when determining where to locate the preserve area on the site · Location of the preserve was determined in part by Transportation Department issues and the location of the roadway into the development · Additional preserve may be restored and included but not as part of the Collier County plan. · Permitting with South Florida Water Management was currently being sought and through that process additional preserve enhancement might be done on-site · Restoration which did not meet the Collier County requirements was being looked at which would be for mitigation on-site for the South Florida Water Management District Mr. Horn questioned whether any soil testing had been done to determine whether contamination had occurred during agricultural use of the property. Ms. Schlachta responded a Phase I assessment had been done on the site. Dr. Hushon pointed out that soil samples would be taken in a Phase II rather than a Phase I which is visual. Ms. Schlachta stated she was not aware of a Phase II being done. Mr. Jacobsen asked if the property was ever planted or was the property strictly used for pigs and horses and whether there might have been chemical usage on other parts of the property. Ms. Schlachta responded that she had no personal knowledge whether the property was used for other agricultural uses; the property was originally cleared for pasture use. Mr. Jacobsen commented that on Page 16 of the Environmental Impact Statement it stated under Nutrient and Pesticide Management that each lot owner must commit themselves to the practice of responsible and careful landscape design and maintenance of each lot to prevent contamination of surface water, and Mr. Jacobsen asked how the developer intended to convey this to the homeowners and how would the homeowners be obliged to commit to these goals. Wayne Arnold responded that this would be a villa community and the Homeowners' Association would be anticipated to be responsible for all maintenance for the yards and landscaping in the community. 3 August I, 2007 Mr. Jacobsen pointed out that the EIS stated that each homeowner must commit himself or herself. Mr. Arnold responded through acquisition of the property there would be a maintenance agreement and a Homeowners' Association that the owners would be a party to, and the statement in the ElS is more of a generalized statement as opposed to how management may occur on this particular property. Mr. Jacobsen asked what method would be used to remove the exotic vegetation. Ms. Schlachta responded nothing had been finalized yet, the permitting process had not been completed with South Florida Water Management; however, no arsenic-based products would be used and there was not an exact plan in place. Mr. Bishof stated there was a large variance in the seasonal high indicators in the wetlands and he asked what indicators were identified. Ms. Schlachta responded several indicators in the wetland area were watermarks on Cypress trees, adventitious rooting on Melalueca trees and indicators were checked on several si tes. Mr. Bishof commented that one tree contained two different indicators. Ms. Schlachta responded that one was a wet-season line and the other was an average high-water line. Mr. Bishof questioned whether the South Florida Water Management District had accepted a seasonal high number for the wetland. Ms. Schlachta responded there was no approved permit. Mr. Bishof stated he had concerns regarding the hydrology of the remaining portion of the wetlands being maintained and if water were lowered on the pond it would draw down the wetland, and he stated the issue had not been adequately addressed. Dr. Hushon asked if the site was bermed against Mediterra. Ms. Schlachta said yes. Mr. Arnold stated the initial designs did not show an interconnection between the remaining wetland and lake area. Dr. Hushon asked whether water would be discharged from the lake. Mr. Arnold responded yes, water would be discharged to Livingston Road. Dr. Hushon stated the level of the discharge system would playa huge role in what happened; iflow, it would draw from the wetland into the lake and then from the lake to Livingston Road and ifit were maintained at a high discharge level, then the wetland would remain. Mr. Bishof stated under the current figures and information the wetland would be destroyed. Mr. Bishof stated the wetland should be preserved 100% and inquired why any impact should be permitted. Ms. Schlachta responded Collier County staff did recommend preserving fox squirrel habitat. 4 August 1, 2007 Summer Arague, Collier County Senior Environmentalist, stated the wetlands present were not high-quality wetlands and the recommendation was made to preserve more of the potential fox squirrel habitat where the previous nests were located. Mr. Jacobsen asked what the alternate plan might be if deviations from the LDC were not granted. Mr. Arnold responded the Master Plan would have to be adjusted accordingly. Chairman Hughes stated the presentation was weak and asked how long Ms. Schlachta spent on the property gathering the data on endangered species. Ms. Schlachta responded she spent several hours one day and several hours another day during mapping and some of the time was unrecorded. More than one field person participated in the collection of the data. Stick nests of foxtail squirrels that were present prior to Hurricane Wilma were blown away by the hurricane and had not been rebuilt. Public Comment: None Richard Yovanovich, Esq., who represented the Petitioner, stated the soil testing was not warranted since a Phase I was done. Applicant could agree to soil testing prior to the next development order but it is not a requirement of the Code and is not appropriate on a small site when Collier County staff did not require it. If desired, testing should become a Code requirement so it applies to everyone. Issues have been reviewed by Collier County staff, water management issues will be reviewed by South Florida Water Management District. Delay could adversely affect scheduling dates. Mr. Jacobsen stated the Environmental Advisory Committee was a third step in the process and would not take at face value what Collier County staff provided nor did it take at face value what the South Florida Water Management District provided and more information needed to be provided. Ms. Arague suggested coming back before the SOP or plat approval, that desired requirements be put in the PUD document, and that this matter could come back before the EAC at the time of the next Development Order. Chairman Hughes stated the EAC wanted to see all the data and suggested the Petitioner submit the information to staff who would forward the information to the EAC members and if necessary the matter would be called back before the EAC and the matter could be called back at any time before being voted upon by the Board of County Commissioners and possibly even after that. Dr. Hushon stated she had more problem with the Development Order proceeding and would like to tie conditions to the Development Order. 5 August 1,2007 Staff Comments: Ms. Arague stated Collier County staff does recommend approval. Mr. Jacobsen moved to approve the proposal of Petitioner Pezzettino DiCielo with the caveats that all EAC members get a copy to review of the Phase I and a copy of the drain program, with all documents to be received two weeks prior to the EAC meeting in September 2007. Seconded by Mr. Miller. Dr. Hushon stated the motion did not include soil sampling prior to issuance of the Development Order. Mr. Sorrell suggested walking the property. Mr. Jacobsen moved to amend the motion by adding soil-testing requirements as follows: "Testing for chlorinated hydrocarbons, organophosphates and total petroleum hydrocarbons must be performed." Seconded by Mr. Miller. Carried unanimously 8-0. (Break - 10:22) (Reconvened -10:39) Mr. Jacobsen moved to amend the Agenda by reversing "New Business" with "Old Business." Seconded by Mr. Sorrell. Carried unanimously 8-0. VIII. New Business A. FFWCC New Proactive Approach Towards Wildlife Conservation Within Land Use Planning and Development Activities - Joe Walsh with FFWCC Mr. Walsh gave a PowerPoint presentation discussing changes within FFWCC. (See attached) Chairman Hughes stated Collier County appreciates input from the State but was concerned that Collier County is losing control. Mr. Walsh responded the counties would have to take control and local government had the last say. Chairman Hughes stated the serious issues are being decided at the State level and it was easier for individuals to pervert the system. Mr. Walsh responded Collier County would be required to justify its decisions and FFWCC wanted to provide defensible information to the Counties and the agency would provide clear policies. Chairman Hughes stated the Gopher Tortoise program does not work since there was a high mortality rate when the tortoises were relocated. Mr. Walsh responded there was a dedicated Gopher Tortoise team. Chairman Hughes spoke in favor of supporting agricultural interests. 6 August I, 2007 Dr. Hushon asked whether there would be a centralized source of scientific information regarding Florida endangered species and expressed particular concern regarding panther information. Mr. Walsh responded they were beginning to do so. · Panther telemetry is 24 hours per day but the public currently only had access to daytime information . Access to information from private lands was needed but difficult to get · Licensing or certification program was being considered for environmental or biological professionals Mr. Miller suggested there be a provision in the tax code for landowners to be permitted to give up development rights in return for a reduction in property taxes and also the Counties could make a provision where landowners would receive a percentage reduction in property taxes on a graduated scale based on the amount of vegetation they agree to preserve. Mr. Walsh stated it would also be beneficial for the Counties to do the same with priority habitats and necessary buffer areas. Public Speakers: Jennifer Hecker, Conservancy of Southwest Florida, commended the FFWCC on its new proactive approach but expressed concern regarding the reduction in services and asked how the Conservancy could be helpful in getting FFWCC additional needed resources. Ms. Hecker expressed particular concern regarding panthers and stated FFWCC should have an increased role in the Rural Land Stewardship Program. Ms. Hecker also stated authority and regulations for panther recovery currently exist. Mr. Walsh responded today he was discussing a single unit in the FFWCC agency and that it would take time to change the entire agency and panther relocation success depends on the approval of the public. (Chairman Hughes left the room at 12:28 PM.) (Vice-Chairman Dr. Judith Hushon presided over the meeting during Chairman Hughes' absence.) VII. Old Business A. Update Members on Projects Ms. Arague provided updates as follows: · There is a new second alternate, Mark Fenton · The letter Dr. Hushon wrote regarding limitations on nutrient releases was forwarded to the Collier County Board of County Commissioners on July 23,2007 · Hussey project was denied 2-3 with a motion not to transmit 7 August 1, 2007 (Chairman Hughes returned at 12:29 PM) Bill Lorenz, Environmental Services Director, stated the Vegetation Removal Ordinance prohibiting taking down trees that house threatened species without a permit for the LDC amendment cycle is scheduled to be heard during the Fall cycle with the draft being presented in the Fall and public hearings beginning during the March-April timeframe, and work should begin on the Ordinance in two weeks. Mr. Jacobsen stated he attended a Planning Commission meeting where the Keewaydin Island project was being considered and observed the Staff Report to the Planning Commission on the EAC report was accurate but not complete enough and more detail was needed. B. Update members on upcoming presentation scheduled Ms. Arague provided an update as follows: · Pollution control presentation is scheduled for November 2007 C. Staff time assigned to the EAC Mr. Lorenz stated staff has not been given direction by the Collier County Board of County Commissioners to pursue an Ordinance prohibiting taking down trees that house threatened species without a permit. He also stated due to a decrease in revenues in his department there has been a hiring freeze and a reduction in staff resulting in a reduced ability to support EAC but will work with EAC as much as possible and it would be helpful if Subcommittees could be formed to perform research. Chairman Hughes stated one of the purposes ofthe EAC is to examine issues regardless of the politics involved, and one way to control legislation is to deny funding for policing of the legislation. Chairman Hughes stated the EAC has the right to promulgate its own legislation and to inject it into the system at any time whether money is provided or not. Dr. Hushon provided an update on the Habitat Conservation Plan Advisory Committee as follows: · Original goal was to examine feasibility ofHCP for all of Collier County . Second goal has been to examine the opportunity for preparing an HCP for the Immokalee Master Plan · Meeting was held in Immokalee on August 1, 2007 regarding the language that is going into the Master Plan which contains language which could encompass an HCP for Immokalee · Concept of taking mitigation money and returning that money to the benefit of the Immokalee community is one of the intents ofthe language presented 8 August 1, 2007 Mr. Lorenz stated HCPAC had direction from the Collier County Board of County Cornmissioners to examine other mechanisms as alternatives to an HCP, and Mr. Walsh and his staff will be addressing the HCPAC. Dr. Huston moved to table the mission statement to the next meeting. Seconded by Mr. Jacobsen. Carried unanimously 8-0. IX. Subcommittee Reports None X. Council Member Comments Chairman Hughes thanked Mr. Hill for his service to Collier County. XI. Public Comments None There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 12:52 PM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes These Minutes were approved by the Chairman on , or as amended , as presented 9