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EAC Minutes 11/05/2008 R November 5, 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENT AL ADVISORY COUNCIL Naples, Florida, November 5, 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 VICE CHAIRMAN: Dr. Judith Hushon Noah Standridge David Bishof Nick Penniman Michael V. Sorrell (Excused) Dr. Llew Williams (Excused) 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, Principal Environmental Specialist 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA November 5, 2008 9:00 A.M. CHANGE OF LOCATION: Community Development and Environmental Services (CDES) Room 609/610 I. Call to Order II. RollCall III. Approval of Agenda IV. Approval ofthe October 1, 2008 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Planned Unit Development Rezone PUDZ-2005-AR-8674 Hilton Hills RPUD Section 13, Township 48 South, Range 25 East VII. New Business A. Background of RLSA program VIII. Old Business B. Update members on projects IX. Subcommittee Reports A. Habitat Advisory Committee Update from Chair X. Staff Comments A. Update members on RLSA Review Phase II B. December and January meetings at CDES XI. Council Member Comments XII. Public Comments XIII. Adjournment ******************************************************************* Council Members: Please notifv Summer AraQue, Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on October 30. 2008 if vou cannot attend this meetinQ or if vou have a conflict and will abstain from votinQ on a petition /252-6290). 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. November 5, 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 Dr. Hushon moved to approve the agenda. Second by Mr. Penniman. Carried unanimously 7-0. IV. Approval of the Octoher I, 2008 meeting minutes Mr. Penniman moved to approve the minutes of the October 1, 2008 meeting. Second by Mr. Lehmann. Carried unanimously 7-0. V. Upcoming Environmental Advisory Council Ahsences None Mr. Penniman reported Richard Miller. former Environmental Advisory Council member passed away. The Council determined to hear item X - A & B next. X. Staff Comments A. Update members on RLSA Review Phase II Tom Greenwood, Comprehensive Planning provided an overview on the status of the RLSAC (Rural Lands Stewardship Area Review Committee.) He noted the Environmental Advisory Council (EAC) reviewed the Phase I Techinical Review prepared by the Review Committee on May 6. 2008. The Phase II Report is a detailed review of the Plan and Policy of the Rural Lands Stewardship Area and has not yet been completed and will not be reviewed by the EAC as scheduled on November 12, 2008. The Review Committee has decided to present an Executive Summary to the Board of County Commissioners (BCC) requesting approval of 3 recommendations contained in a draft memo he submitted to the Council dated 11-04-08. Re: "Draft (subject to revisions)" prepared by Thomas Greenwood. Summer Araque recommended any discussions regarding this decision by the Review Committee be held under agenda item "New Business." Chairman Hughes noted he has been informed the Review Committee wants to move forward (applicable reports, recommendations, etc.) directly to the BCC without the standard policy of review by the EAC. B. December and January meetings at CDES Summer Araque reported the following . December and January meetings will be held on Horseshoe Drive at the CDES building. . Due to budget constraints, Environmental Advisory Council minutes will now be "abbreviated." 2 November 5, 2008 She requested Council members to stay on task and remain focused on the issues to assist in expediting the meetings. VI. Land Use Petitions A. Planned Unit Development Rezone PUDZ-2005-AR-8674 Hilton Hills RPUD Section 13, Township 48 South, Range 25 East The presenters were sworn in. Kim Schlachta of Boylan Environmental Consultants provided an overview of the Petition highlighting the following: . The project is located on the northwest corner of Livingston Road and the School Access Road (Learning Way.) . There are no flow ways located adjacent to or on the property. . The proposed Preserve would be located on the north side of the site to allow for potential adjacent off site mitigation. . The wetlands on-site do not meet the County criteria for wetland preservation. . A Bear (Florida Black Bear) and Big Cypress Fox Squirrel Management Plan will be prepared for the project. . No listed species were identified on-site. . All wetland impacts proposed will require approval by the SFWMD. Discussion ensued regarding whether Learning Way contains culverts to allow water to discharge under the road alleviating any backup that may occur on the site which may cause flooding. Michael Delate, Q. Grady Minor & Assoc. noted the issue will be addressed by the Stormwater System Design yet to be completed. Discussion ensued regarding the composition of the existing hydric vegetation on site which indicates it was historically a wetland. Concern that the project control elevation is 1.5' below grade which may effectively drain the site or adjacent properties. Michael Delate noted the control elevations at Royal Palm Academy across the Livingston Road is 12.7' and for Livingston Road in this area is 11.25' as determined by South Florida Water Management District (SFWMD) several years ago. The ultimate control elevation for the project will be established by these pre-determined parameters. The project's control elevations will not be lower than any surrounding control elevations. Mr. Bishof noted the Livingston Road established control elevation is low and "probably a mistake" and effectively drains the systems in the area. Michael Delate agreed but noted recently the SFWMD have required designers to exceed control elevations in projects and the proposed project wi II require their review. 3 November 5, 2008 Stan Chrzanowski, PE, Engineering Manager noted the application is a re- zone of land and the Consultant is not required to submit detailed stormwater designs at this point. In addition, some ofthe SFWMD pre-determined control elevations were made before more recent data has been made available. Michael Delate noted the Livingston Road determination occurred in 1993, and this determination may not be the same if made today. Chris D' Arco, Principal Environmental Specialist stated Staff recommends approval of the Residential Planned Unit Development Rezone No: PUDZ- 2005-AR-8674 "Hilton Hills" with the following conditions: Stormwater Manal!ement: 1. The applicant must obtain a water management permit from the South Florida Water Management District prior to the approval of the Site Development Plan. Environmental: 1. A copy of the approved SFWMD jurisdictional determination shall be submitted to the County staff at the next Development Order. 2. Provide Florida Black Bear and Big Cypress Fox Squirrel Management Plans as part of the next Development Order. Dr. Hushon recommended the Preservation Management Plan incorporate a monitoring plan to ensure if the quality of the Preserve does degrade, and reported to the County so any necessary action may be taken. Dr. Hushon moved to accept (approve) the Petition (Planned Unit Development Rezone PUDZ-2005-AR-8674, Hilton Hills RPUD, Section 13, Township 48 South, Range 25 East) subject to the above Staff recommendations and the Management Plan for the Preserve provide for monitoring the health of the flatwoods and if any stress in observed it be reported to the County Environmental (StafJ) so any necessary action may be taken. Second by Mr. Standridge. Mr. Penniman and Mr. Bishof noted this is the only Environmental Advisory Council (EAC) review required for the proposed project and expressed concern the Petition information is not specific enough regarding hydrology and would like to see it return with more information. Discussion ensued on the monitoring condition contained in the motion. Chris D' Arco stated the Preserve will be required to be monitored and the Plan will indicate if any adverse impacts are found the County will address the Issue. Stan Chrzanowski read the following statement found on page 4 of the Staff Report for the proj ect into the record: 4 November 5, 2008 Section 8.06.03 0.2 of the Collier County Land Development Code states: "The surface water management aspects of any petition, that is or will be reviewed and permitted by the South Florida Water Management District (SFWMD), are exempt from review by the EAC except to evaluate the criteria of allowing treated stormwater to be discharged into Preserves as allowed in Section 3.05.07." He noted any decision made should not be based on the "Water Management" aspects ofthe proposal. A discussion ensued regarding the feasibility of transportation connections of the project with adjacent lands. Wayne Arnold of Q. Grady Minor & Assoc. stated the project has offered to share the connection of this project with adjacent lands to the west via its proposed access on Learning Way. Motion carried 5 - 'yes", 2 - "no". Mr. Penniman and Mr. Bishofvoted no. Mr. Bishofvoted "no" as he is concerned with the off-site affects of the project in terms of disturbing the hydrology and resources of adjacent properties. Mr. Penniman voted "no" as he is concerned the Preserve is located on the North side and the elevations of proposed road located in the middle of the site are not provided. The related stormwater may drain into the Preserve which is in the purview of the EAC. VII. New Business A. Background of RLSA program Dr. Hushon reported she has attended a majority of the Rural Lands Stewardship Advisory Committee meetings and noted the current proposal is to not allow the EAC to "initially" review the Phase II Report before it is finalized. She is concerned the EAC review will be reduced to revising wording in the document as opposed to addressing the concepts proposed. She introduced a draft memo to the Board of County Commissioners of Collier County, Florida from The Environmental Advisory Council - Subject "Request to Retain the Two-step Review Process of the RLSA Phase II Report" dated November 5, 2008 for consideration. A discussion ensued regarding the ramifications of the Review Committee proposal. Speaker Nicole Ryan, Conservancy of Southwest Florida addressed the Council noting the Conservancy supports the concept of the EAC and Collier County Planning Commission reviewing the initial draft of Phase II of the Report. 5 November 5, 2008 She submitted a letter supporting this position from Andrew McElwaine, President and CEO of the Conservancy and herself, (Government Relations Manager) to Board of County Commissioners Chairman Tom Henning - Re: "RLSA Review Committee's Submittal of the RLSA Phase Two Report" dated November 3, 2008. Dr. Hushon moved to send the proposed memo to the Board of County Commissioners as the Environmental Advisory Council's opinion and to include the record of the vote in the memo. Second by Mr. Lehmann. Carried unanimously 7-0. It was determined the entire Council present will sign the memo. VIII. Old Business It was noted there was no item "A" on the agenda. B. Update memhers on projects Dr. Hushon requested Staff notify Council members via email when the Hilton Hills Petition is submitted to South Florida Water Management District for review. IX. Subcommittee Reports A. Habitat Advisory Committee Update from Chair Dr. Hushon, Chairman of the Hahitat Conservation Plan Advisory Committee provided an update on the status of the Committee noting the main purposes ofthe Habitat Conservation Plan (HCP) would be to allow Collier County to issue "take permits" locally as opposed to the Florida Fish and Wildlife Conservation Service or the U.S. Fish and Wildlife Service. She highlighted the following: . The Committee has been directed by the Board of County Commissioners to focus on a HCP for the Red Cockaded Woodpecker. . The concept of an HCP including other listed species for the Immokalee Urban Area is still being discussed by various stakeholders. . The concept would assist in expediting the permit process for landowners or developers. X. Staff Comments (continued) A. Update members on RLSA Review Phase II Previously heard. B. December and January meetings at CDES Previously heard. Steve Williams, Assistant County Attorney addressed the Council reviewing the Sunshine Law and noted the following: 6 November 5, 2008 . At a recent Rural Lands Stewardship Advisory Committee meeting, 3 members of the EAC were present and addressed the Committee. That was not a clear violation of the Sunshine Law; however it could lead to a violation depending on the nature of discussions which may occur at the meeting. He recommended the practice of multiple members of attending these types of meetings be ceased. Ijindividual Advisory Board members choose to ignore this recommendation, the County Attorney's Office should be notified so appropriate action may be taken (proper noticing, etc). These types of Sunshine Law violations may result in the following: . Exposing oneself to personal liability or sanction by the State of Florida. . . Placing the issue discussed in jeopardy. . Placing the entire meeting in jeopardy. He re-addressed some issues from the October EAC meeting Sunshine Law presentation conducted by County Attorney Jeff Klatzkow. Further, if the Council so desires, it may consider authorizing one member to attend a particular meeting to act as a liaison. In addition, he recommended the Council sign the above memo (Rural Lands Stewardship Advisory Committee memo to be sent to the Board of County Commissioners) while the meeting is still convened. Dr. Hushon and Mr. Standridge stated they plan on attending the next Rural Lands Stewardship Advisory Committee meeting. It was noted Staff will review the status of the Public Notice (i.e., has the meeting already been noticed, etc.) and take any actions necessary. XI. Council Member Comments Mr. Penniman reported the Board of County Commissioners has agreed to have an energy audit conducted on County Facilities. The audit is to be funded by the Conservancy of Southwest Florida and the Audubon Society. It will be completed by March 31, 2009. Skip Camp, (Director of Facilities and Management) will be the County liaison for this project. 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 :25AM. 7 November 5, 2008 COLLIER COUNTY ENVIRONMENT AL ADVISORY COUNCIL Chairman William Hughes These Minutes were approved by the Board/Chairman on as presented , or as amended 8