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EAC Minutes 10/01/2008 R October 1,2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, October 1,2008 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 at Building "F" of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: William Hughes Dr. Judith Hushon (Excused) Noah Standridge David Bishof Nick Penniman Michael V. Sorrell Dr. Llew Williams Paul Lehmann Quin Kurth ALSO PRESENT: Steve Williams, Assistant County Attorney Susan Mason, Principal Environmental Specialist Stan Chrzanowski, PE, Engineering Manager Summer Araque, Sr. Environmentalist Specialist Chris D' Arco, Environmental Specialist JeffKlatzkow, County Attorney 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA October 1, 2008 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 September 3, 2008 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Site Development Plan No. SDP-2006 -AR 9022 Abercia South SDP Section 33, Township 49 South, Range 26 East B. Environmental Impact Statement- EIS- 2008-AR-13641 Magnolia Pond Residential Subdivision EIS Section 33, Township 49 South, Range 26 East VII. New Business A. Sunshine Laws Presentation VIII. Old Business A. Update members on projects IX. Subcommittee Reports X. Staff Comments XI. Council Member Comments XII. Public Comments XIII. Adjournment ******************************************************************* Council Members: Please notify Summer Araaue. Environmental. Services Senior Environmental Specialist no later than 5:00 p.m. on September 25. 2008 if YOU cannot attend this meetina or if YOU have a conflict and will abstain from votina on a petition (530- 6290). 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. October 1, 2008 I. Call to Order Chairman Hughes called the meeting to order at 9:00AM. II. Roll Call Roll call was taken and a quorum was established. III. Approval of Agenda Mr. Penniman moved to approve the agenda. Second by Mr. Lehmann. Carried unanimously7-0. IV. Approval of September 3, 2008 meeting minutes Dr. Williams moved to approve the minutes of the September 3, 2008 meeting. Second by Mr. Lehmann. Carried unanimously 7-0. V. Upcoming Environmental Advisory Council Absences Steve Williams, Assistant County Attorney noted member participation via tele- conference, requires a quorum be physically present and formally vote to allow the participation. Summer Araque, Environmental Specialist noted it was her understanding Mr. Standridge will not be present for the December meeting. Mr. Sorrell noted he is attempting to re-arrange his schedule to be present. VI. Land Use Petitions A. Site Development Plan No. SDP-2006 -AR 9022 Abercia South SDP Section 33, Township 49 South, Range 26 East The presenters were sworn in. B. Environmental Impact Statement- EIS- 2008-AR-13641 Magnolia Pond Residential Subdivision EIS Section 33, Township 49 South, Range 26 East Rae Anne Boylan of Boylan Environmental Consultants requested permission, and it was granted by the Council, to address both items A. and B. simultaneously as the projects are interrelated. Mr. Standridge arrived at 9:10AM She noted the following: . She is the consultant for item B. and Passarella & Associates are the consultants for item A. . The projects were originally in the same PUD, (Collier Blvd. Mixed Use Commerce Center) . The parcel is north ofl-75 and West of Collier Blvd 2 October 1, 2008 . The site is 70.18 acres consisting of Pine F1atwoods areas with varying degrees of exotic invasion. . The site contains a 1.39 acre "poor quality" isolated wetland infested with Me1a1euca . The only listed Species documented occupying the site are Gopher Tortoises. . The projects are presented together as it is an existing PUD which was approved in November of2001 (pUD #00-16). . The site plan was revised with the major change being the relocation of the Preserve area to the western portion of the site which will incorporate the major amount of gopher tortoise burrows and habitat. Permits will be obtained for re-Iocating the existing Tortoises to the on-site Preserve. . There has been an Indigo Snake, Big Cypress Fox Squirrel and Black Bear Management Plan prepared for the proj ects. . The plan requires impacts to the wetland which will be mitigated off-site via the Big Cypress or Panther Island Mitigation Bank as required by the various Agencies. A discussion ensued regarding the definition of "heavy equipment," which is referenced in the Environmental Impact Statement and its relation to the statement "it will not be utilized in clearing the Preserve." Rae Ann Boylan stated "large machinery" will not be utilized in clearing the Preserve, as the exotic removal will be completed "manually." Mr. Penniman requested clarification ifthe preserve is adequate size to accommodate the Gopher Tortoises on site, the qualifications ofthe Consultant (Boylan and Associates) for Managing the Preserve and an overview ofthe Management functions. Rae Ann Boylan noted the area is adequate in size. As the Preserve Manager, she has a degree in Biology, a Master's degree in Environmental Engineering Sciences and worked in this Region since 1982. The procedures includes Consultants meeting with the contractor hired to perform the work, ensure the silt fences are installed properly, review any chemicals utilized and the oversight ofthe installation of any plantings, etc. The Preserve is monitored via field reviews at least twice a year. Monitoring reports are filed on an annual basis with any maintenance recommendations forwarded to the landowner. Mr. Bishof asked how the control elevation of 8.5' for the surface water management system was established. Jim Carr, Consultant for the landowner stated the elevation was established utilizing determinations for surrounding projects. They were soil borings completed in 8/07, which indicated 3-foot depth from ground to water table and the elevation has been approved by the South Florida Water Management District (SFWMD). 3 October 1, 2008 Mr. Bishof expressed concern the SFWMD policy may be causing adverse environmental impacts in the region. Stan Chrzanowski, PE, Engineering Manager noted historically (15 - 20 years ago), against the advice of Collier County, the SFWMD determined all the projects in the region should drain north to the Golden Gate Canal, while the existing topography in the region drains south. The existing (SFWMD) Staff are now required to make decisions based on the historic determination and may be the reason some of the Preserves in the region are functioning poorly. Mr. Bishofnoted this determination is causing the draining of the wetlands in the area and expressed a concern over its impact on the protection of wetlands and water resources within the County. Chairman Hughes agreed, but when this issue is raised, it is subsequently brought to the attention of the Environmental Advisory Council that SFWMD issues are not in their purview. Chairman Hughes requested clarification if permits change of this nature, would they come before the EAC for review in the future. If a Site Plan approval expires or lapses, the previous conditions exist and may waive the requirement for a new EAC hearing. Susan Mason, Principal Environmental Specialist noted all the Land Development Code changes have not been approved by the Planning Commission as of yet, and the Council should review any latest versions of the proposed Land Development Code Amendments on the Collier County web site and provide input as necessary. Mr. Sorrell expressed concern that fees generated in Wildlife Preservation ($43M for Gopher Tortoise relocation) are not being re-invested into data collection by various Agencies for the provision of accurately updated habitat maps. Rae Ann Boylan agreed and noted the data regarding Black Bear habitat in Collier County is approximately 10 years old. Mr. Sorrell noted the Florida Panther data provided is from 2005 and the data on 4 other species is 10 years old. Mr. Bishof noted there is a website (provided by the Florida Fish and Wildlife Conservation Commission) which provides updated Florida Panther data more current than the information provided. Rae Ann Boylan stated she has seen the most recent data, and there is no "Florida Panther denning" on site. The information provided is data and not an official map readily available in a public use format (it is data points requiring software for interpretation and mapping). Chris D' Arco, Environmental Specialist clarified no mechanical clearing is allowed in Preserves and would ensure this is indicated in the Preserve Management Plan. 4 October 1, 2008 Staff recommends approval of the project subject to the following conditions: 1) A FWCC relocation permit shall be obtained for those gopher tortoises that are located within the development area to be relocated to the on-site native preserve area on the residential portion of the PUD. The FWCC relocation permit shall be obtained prior to the performance of any gopher tortoise related activities and prior to commencement of any construction activities. Staff will have the opportunity to inspect the recipient preserve prior to on-site relocation. 2) Please provide a report to the Environmental Services staff on the results of the relocation of gopher tortoise within thirty days of relocation. Please provide in the report the number of burrows excavated, the number of tortoises relocated, and the final relocation site. 3) The SDP will not be approved until a copy of the SFWMD permit isforwarded to environmental staff upon issuance and reviewed for consistency. 4) For SDP-2006-AR 9022, please provide the following: A) The required primary and accessory preserve setbacks on the site development plans. B) Include the gopher tortoise relocation and Management Plan on the front index of the Site Development Plans. C) Provide the Florida Department of Transportation-Florida Land Use Cover and Forms Classification (FLUCFS) descriptions on sheet two of the Site Development Plans. D) Provide a Florida Black Bear management plan on the site plans. Mr. Lehmann requested clarification if the exotic vegetation was to be removed from the site into perpetuity. Chris D' Arco stated this is a standard Code (Land Development Code) requirement and would be indicated on the site plans. Mr. Lehmann noted the word "please" should be removed from any ofthe language contained in the above recommendations. Chairman Hughes noted he met the landowner in the hall, but did not discuss the proj ect. Mr. Penniman moved to recommend to the Planning Commission and Board of . County Commissioners approval of the 2 projects (Site Development Plan No. SDP-2006 -AR 9022 Abercia South SDP Section 33, Township 49 South, Range East and Environmental Impact Statement - EIS-2008-AR-13641, Magnolia Pond Residential Subdivision EIS, Section 33, Township 49 South, Range 26 East) subject to the word "please" be eliminated in the language in 5 October 1, 2008 the Staff recommendations (listed above). Second by Dr. Williams. Carried unanimously 8-0. Mr. Penniman noted the Conservancy of Southwest Florida and the Audubon Society sponsored a carbon footprint audit for the City of Naples, which was completed last summer and presented to the City of Naples. The audit determined the City of Naples only utilizes 3 percent of the total energy consumed in the City. This information was forwarded to the Natural Resources Manager of the City to take any steps necessary to further reduce energy consumption. Collier County Audubon and the Conservancy of Southwest Florida are considering offering this opportunity to Collier County. He requested Environmental Advisory Council feedback on the issue; the service would be provided at no cost to the taxpayers. Mr. Standridge move to recommend to the Board of County Commissioners the Energy Audit be performed. Second by Chairman Hughes. Carried unanimously 8-0. Mr. Standridge will draft a letter to be forwarded to necessary parties outlining the official action. Mr. Hughes moved to recommend a risk assessment be performed on the sea level rise in relation to the developments in Collier County. Second by Dr. Williams. Carried unanimously 8-0. Chairman Hughes will submit a memo to (any necessary parties) regarding this official action. VII. New Business A. Sunshine Laws Presentation Jeff Klatzkow, County Attorney provided an overview on the requirements on the Sunshine Law highlighting the following: . Board meetings must be publicly noticed and minutes are required to be taken. . All Collier County Boards are subject to the Sunshine Law. . It applies when two members of a Governing Board discuss an issue that may come before the Board. . Board members should not e-mail each other; questions should be directed to Staffliaisons. . One-way communication of an issue is allowed by a member; however comments back from other members are prohibited. He recommended this practice (one way communicating with members) be prohibited as it may lead to problems (members inadvertently returning a comment, etc.). Further, Staff may not act as an intermediary between comments. . He recommended Board member not participate in "Blogs" 6 October 1, 2008 . Site inspections should be conducted alone, not with another member. . For a member to participate by telephone, they must have an "extra- ordinary circumstance". A member participating by phone may not be counted toward the constitution of a quorum. For participation a favorable vote of members constituting a quorum is required. . Possible penalties for violations are imposition of fines and/or jail time. . He recommended any member that has consulted or worked on an issue that comes before a Board to disclose this fact. They may participate in discussion, but may not vote. They are not required to leave the room during the proceedings; however it may be advisable to avoid perceptions of impropriety. B. Election of new Chair and Vice-Chair The officers of the EAC shall be a chairman and a vice-chairman. Officers' terms shall be for 1 year, with eligibility for re-election. The chairman and vice-chairman shall be selected by a majority vote at the organizations meeting and thereafter at the first regular meeting of the EAC in October of each year. The chairman shall preside at all meetings of the EAC. The vice- chairman shall perform the duties of the chairman in the absence of incapacity of the chairman. Mr. Penniman moved to appoint William Hughes as Chairman and Dr. Judith Hushon as Vice Chairman of the Environmental Advisory Council. Second by Dr. Williams. Carried unanimously 8-0. VIII. Old Business A. Update members on projects Summer Araque will re-submit the documentation regarding the Environmental Advisory Council Mission Statement and place the item on next month's agenda. A discussion ensued regarding the availability of current updated habitat species maps and if any action should be taken by the EAC. H was noted the information should contain historic compiled data, not just the most recent data. Updated information is available on-line via State and/or Federal Agencies. It was noted the Developers might not be providing the most recent information as indicated in the testimony today. Summer Araque noted Staff could provide a presentation regarding the parameters involved in December. A discussion ensued regarding the status of the Land Development Code Amendments. Summer Araque stated the Jones Mine had a I-year review approval oflast year. IX. Sub-Committee Reports 7 October 1, 2008 None X. Staff Comments A. November, December and January meetings to be held at CDES B. Reminder: Special meeting ofEAC on November 12, 20008 to review RLSA Staff noted the following: . Recent aerial photos (2007/2008) of the County are available with built up areas superimposed . If a member is not present for a meeting, provide any necessary comments for distribution . There will be an Energy Symposium on October 10, 2008 at Florida Gulf Coast University XI. Council Member Comments · Mr. Standridge suggested an overview ofthe Rural Lands Stewardship Program be placed on the November 4, 2008 Agenda prior to the Special Meeting on November 12, 2008. · Chairman Hughes requested Staff provide a report on the status of the Habitat Conservation Plan Advisory Committee at the next meeting. XII. 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 11:10 AM. ***** COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes These Minutes were approved by the Board/Chairman on as presented , or as amended 8