EAC Minutes 12/03/2008 R
December 3, 2008
MINUTES OF THE MEETING OF THE COLLIER COUNTY
ENVIRONMENTAL ADVISORY COUNCIL
Naples, Florida, December 3, 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
Collier County Development Community Services, Conference Room
#609/610 2800 N. Horseshoe Drive, Naples, Florida, with the following
members present:
CHAIRMAN: William Hughes
Dr. Judith Hushon
Noah Standridge
David Bishof
Nick Penniman
Michael V. Sorrell
Dr. Llew Williams
Paul Lehmann
Ninon Rynerson
ALSO PRESENT: Steve Williams, Assistant County Attorney
Susan Mason, Principal Environmental Specialist
Stan Chrzanowski, PE, Engineering Manager
Summer Araque, Sr. Environmentalist Specialist
Laura Roys, Sr. Environmental Specialist
Tom Greenwood, Comprehensive Planning
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ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
December 3, 2008
9:00 A.M.
CHANGE OF LOCATION: Community Development and Environmental Services (CDES)
Room 609/610
I. Call to Order
II. Roll Call
III. Approval of Agenda
IV. Approval of November 5, 2008 meeting minutes
V. Upcoming Environmental Advisory Council Absences
VI. Land Use Petitions
A. Planned Unit Development Rezone PUDZ-2007-AR-11320
McMullen MPUD
Section 14, Township 50 South, Range 26 East
VII. New Business
A. Telemetry Points Question and Answer
VIII. Old Business
(Item VIII. A to be heard prior to Item VI.)
A. Determination of date[s] for EAC workshop with the Rural Lands Stewardship
Area Review Committee regarding its Phase II Report, which is a review of the
Rural Lands Stewardship Area Overlay.
B. Update members on projects
IX. Subcommittee Reports
X. Staff Comments
XI. Council Member Comments
XII. Public Comments
XIII. Adjournment
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Council Members: Please notify Summer Araaue, Environmental Services Senior
Environmental Specialist no later than 5:00 p.m. on November 27. 2008 if YOU cannot
attend this meetina or if YOU have a conflict and will abstain from votina on a petition 1530-
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.
December 3, 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.
Ninon Rynerson was introduced as a new member on the Council
III. Approval of Agenda
Mr. Penniman moved to approve the agenda. Second by Mr. Lehmann. Carried
unanimously 9-0.
IV. Approval of November 5, 2008 meeting minutes
Dr. Hushon moved to approve the minutes of the November 5, 2008 meeting
subject to the following corrections:
· Page 4, paragraph 3, line 3 - from "quality of the Preserve does degrade,
and reported to the County so any necessary action may be taken" to
"quality ofthe Preserve does degrade, it be reported to the County so any
necessary action may be taken."
· Page 4, paragraph 5, line 3 - from "expressed concern the Petition
information..." to "expressed concern that the Petition information...
· Page I, - from "Building "F" of the Government Complex" to "CDES",
Second by Mr. Penniman. Carried unanimously 9-0.
V. Upcoming Environmental Advisory Council Absences
None
VIII. Old Business
(Item VIII. A. to be heard prior to item VI.)
A. Determination of date(s) for EAC workshop with the Rural Lands
Stewardship Area Review Committee regarding its Phase II Report, which is
a review of the Rural Lands Stewardship Area Overlay.
Tom Greenwood of Comprehensive Planning provided an update on the status
of the Phase II Report. He submitted an emaiI to him from Gary Eidson (RLSA
Review Committee member), dated December 2,2008 Re: "Board of County
Commissioners' 12-2-2008 direction with respect to Phase II Report
presentations to the EAC and ccpe' and the document "Phase 2 Report of the
Rural Lands Stewardship Area Review Committee, Review of Rural Lands
Stewardship Area Overlay, Meeting Room Availability" for the Council's review.
He requested the Council select dates for the Environmental Advisory Council's
Phase 11 Review. The Report will be made available to the Council at least 2-3
weeks before the meeting. The current draft and Final Report will be available
online at http://www.colliergov.net/lndex.aspx?page=1515
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December 3, 2008
He noted that following the Review, the Council may make revisions to, or
forward the Phase II Report with corrections to the Board of County
Commissioners.
The Council decided to schedule January 29 and 30, 2009 for the Review.
The Council will also send a letter to the BCC recognizing their efforts ensuring
that proper public hearings are conducted for the Phase II review.
VI. Land Use Petitions
A. Planned Unit Development Rezone PUDZ-2007-AR-I1320
McMullen MPUD
Section 14, Township 50 South, Range 26 East
The presenters were sworn in.
Dwight Nadeau, Planning Manager for RWA, Inc. provided an overview of the
project noting the following:
· The project is located on the East side of Collier Blvd., fronts on
Rattlesnake Road Ext. and is19.32 acres
· The required preserve is adjacent to off site lands suitable for
preservation in the future.
· The South Florida Water Management District (SFWMD) permit has
been issued, the US Army Corps of Engineers (USACE) permit is
pending.
· The project will restore the historic off site sheet flow patterns prior to
the Florida Power and Light easements and access roads and direct flow
to the west ultimately draining to the 951 canal.
· Rattlesnake Road Ext. will be improved to two lanes for this project,
with the drainage from the roadway being treated on the subject site.
Cheryl Rolph of Passarella and Associates highlighted the following:
· The site contains forested uplands and wetlands with disturbed Pine
Flatwoods and infested with Melaleuca.
· There are 15 acres of wetlands on site, 93 percent of which contain more
than 75% of Melaleuca.
· .42 acres of Native Preserve is required, .84 acres will be provided.
· An additional 2.39 acres preserve was required by the SWFMD and
USACE for a total of3.23 acres of preserve area held in a conservation
easement.
Discussion ensued regarding whether the Panther Telemetry maps submitted are the
most recent data.
Ken Passarella of Passarella and Associates noted the historic Panther Telemetry
indicate Panthers are present in the area. The general public does not have access to
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December 3, 2008
the most recent GPS telemetry data provided by the Fish and Wildlife Service.
Panther Habitat Mitigation is being provided via purchase ofPHU's (at an amount of
approximately $1500 - $2500 per credit) through the Florida Conservation Bank with
habitat located in Hendry County. In addition wetland impacts have been addressed
via wetland mitigation credits through the Panther Island Mitigation Bank.
Discussion ensued on how the wetland preserve on the north side of the site will be
hydrated with the proposed improvements to the property directing drainage off site
to the west.
Emilio J. Robau, P.E. of RWA, Ine noted the site analysis indicates the existing
wetland preserve area is, and will continue to be hydrated by off site sheet flow from
the north.
Discussion ensued on how this would be ensured if the property to the North becomes
developed.
Emilio J. Robau noted it would be responsibility of the regulating Agencies (South
Florida Water Management District, Army Corps of Engineers, etc.) in reviews of
future development applications submitted for the property to the north to ensure the
historic discharges continue.
It was noted a Phase I Environmental Assessment was conducted on the site with no
further action required.
Discussion ensued regarding the June 19,2007 US Fish and Wildlife Service letter,
(Exhibit #19) where page 4 requested additional information, a copy of which was not
provided to the County.
Ken Passarella stated the additional information was submitted to the US Fish and
Wildlife Service and through this information the necessary Panther Habitat
Mitigation was determined. He noted throughout the permit process, additional
information submitted to outside agencies is not provided to the County for the
updating of previously submitted applications. The US Fish and Wildlife Service
"Biological Opinion" for the project is pending.
Summer Araque noted if Council members require additional information when
reviewing the data provided, please contact Staff and the Applicant will be notified to
supply any necessary information.
Discussion ensued regarding County Planning issues and the status of the Florida
Panther Population.
The Council noted in the future "significant correspondence" submitted to outside
agencies affecting a County application (EIS, etc.), should be supplied to the County.
Ken Passarella agreed.
Mr. Bishofmoved to approve the Petition (Planned Unit Development Rezone
PUDZ-2007-AR-11320, McMullen MPUD. Section 14, Township 50 South, Range
26 East). Second by Mr. Penniman.
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December 3, 2008
Summer Araque noted Staffrecommends approval of the McMullen MPUD and
requires all Agency permits when they submit their next Development Order.
Carried unanimously 9-0.
Mr. Penniman noted his 'Yes vote" is not intended to set a precedent for him to vote
yes in the future if an application is lacking any necessary data (biological opinions,
most recent telemetry data, etc.).
Break: 10: 15AM
Reconvene: 10:30AM
VIl. New Business
A. Telemetry Points Question and Answer
Mr. Sorrell stated he has obtained updated telemetry maps and the statement that
consultants do not have access to updated information is not accurate. He noted
he contacted the West Palm Beach Office District Fish and Wildlife Office and
they provided him internet links to retrieve the data. He will supply the
information to Council members.
Summer Araque noted in the future Staff will ensure the most recent maps are
provided for review by the Council.
Laura Roys, Sr. Environmental Specialist provided an update on the use of
Telemetry Points noting the following:
· The points are collected by the Florida Fish and Wildlife Conservation
Commission (FWC) utilizing Global Positioning System (GPS)
technology and are transferable to Geographic Information System (GIS)
mappmg.
· Both Florida Panther and Black Bear are collared for tracking.
· The telemetry points for Panther have been collected since 1981.
· The data is used to develop mapped habitat areas.
· FWC reviews for critical habitat are not limited to mapped areas.
· Areas that undergo substantial land use changes (agriculture to
residential, etc.) are no longer considered Panther habitat regardless of
telemetry points.
· FWC estimates 10 percent of Panthers are collared; no bears are
currently collared within this area.
It was noted the US Fish and Wildlife Service has not formally designated
("declared a critical habitat designation") any area as Florida Panther habitat.
It was noted the "most recent telemetry data" is often not available to the public
for 12 months or longer after its collection.
Discussion ensued whether the outside Agencies (South Florida Water
Management District, Army Corps of Engineers, etc.) are utilizing the most recent
data or accepting and/or utilizing older data?
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December 3, 2008
B. Update members on projects
Chairman Hughes noted a recent news report deemed Naples Bay Estuary
copper levels the worst in the whole country.
The Council requested Staff contact Ray Smith of the Pollution Control
Department and Ray Bauer of the City of Naples to address those issues.
Mr. Standridge recommended in anticipation of the Phase II Rural Lands
Stewardship Area Review, members review any information available such as the
Department of Community Affairs (DCA) final order, Recommendations of the
Original Committee, the Legislative DCA Report on RLSA's dated December 3,
2007, and the Phase II draft currently available.
Summer Araque noted Staff will provide Jinks to those documents.
IX. Sub-Committee Reports
None.
X. Staff Comments
Summer Araque noted the Rookery Bay Workshop for 3:00 pm, December 3,2008
has' been properly noticed for any Environmental Council Members attending.
XI. Council Member Comments
Ninon Rynerson requested Staff supply information on the types of herbicides and
chemicals deemed "acceptable" for stump removal, etc.
Mr. Lehmann will review any proposed Mission Statements and prepare a draft
statement for review by Council members.
XII. Public Comments
None.
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There being no further business for the good of the County, the meeting was
adjourned by the order of the Chair at 11:16 AM.
COLLIER COUNTY ENVIRONMENTAL
ADVISORY COUNCIL
Chairman William Hughes
These Minutes were approved by the Board/Chairman on
as presented , or as amended
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