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EAC Minutes 08/05/2009 R August 5, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, August 5,2009 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 a REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida with the following members present: CHAIRMAN: Dr. Judith Hushon Andrew Dickman Noah Standridge (Excused) Michael V. Sorrell Patrick Peck (Excused) Chris Stephens (Alt.) (Excused) ALSO PRESENT: Steve Williams, Assistant County Attorney Susan Mason, Principal Environmental Specialist Stan Chrzanowski, PE, Engineering Manager 1 ENVIRONMENTAL ADVISORY COUNCil AGENDA August 5,2009 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor I. Call to Order II. Roll Call III. Elect Chair and Vice-Chair IV. Approval of Agenda V. Approval of May 6, 2009 meeting minutes (note June & July meetings were canceled - meeting minutes) VI. Upcoming Environmental Advisory Council Absences VI. land Use Petitions A. Site Development Plan SDP-AR-13491 Storage at Old 41 (previously known as North Naples Storage) Section 25, Township 48 South, Range 10 East VII. New Business A. Welcome New Members B. Brief Presentation of Sunshine laws - Steve Williams C. Set date for EAC workshop VIII. Old Business A. Update members on projects IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ******************************************************************* Council Members: Please notify Susan Mason with Environmental Services no later than 5:00 p.m. on Julv 30, 2009 if you cannot attend this meeting or if yOU have a conflict and will abstain from voting on a petition (252-2987). 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. August 5, 2009 I. Call to Order Steve Williams, Assistant County Attorney, directed Susan Mason to call the meeting to order at 9:01AM. II. Roll Call Roll call was taken and a quorum was established. III. Elect Chair and Vice Chair Mr. Dickman moved to nominate himselffor Chairman of the Environmental Advisory Council. Without a second, the motion was not considered. Dr. Hushon moved to nominate herselffor Chairman of the Environmental Advisory Council. Second by Mr. Sorrell. Carried unanimously 3-0. Dr. Hushon moved to nominate Mr. Dickman as Vice Chairman of the Environmental Advisory Council. Second by Mr. Sorrell. Carried unanimously 3-0. Dr. Hushon assumed the chair. IV. Approval of Agenda Mr. Sorrell moved to approve the Agenda. Second by Mr. Dickman. Carried unanimously 3-0. V. Approval of May 6, 2009 meeting minutes (note: June and July meetings were canceled - meeting minutes) Mr. Sorrell moved to approve the minutes of the May 6, 2009 meeting subject to the following spelling correction: Page 5, paragraph 2 -line 1- "Assitant County Attorney..." to "Assistant County Attorney. . . " Second by Mr. Dickman. Carried unanimously 3-0. VI. Upcoming Environmental Advisory Council Absences None VI. Land Use Petitions (it should be noted this is the number sequence as shown on the Agenda) A. Site Development Plan SDP-AR-13491 Storage at Old 41 (previously known as North Naples Storage) Section 25, Township 48 South, Range 10 East. Stan Chrzanowski submitted Section 8.06.03 of the Collier County Land Development Code which states "The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD) are exempt from review by the EAC except to 2 August 5, 2009 evaluate the criteria for allowing treated storm water to be discharged into Preserves as allowed in Section 3.05.07. " He noted it was a reminder for Council members when reviewing projects. In addition, for properties less than 40 acres in size, the County is relinquishing its delegation for Storm Water Reviews back to the South Florida Water Management District The presenters were sworn in. Stan Chrzanowski provided an overview on the LIDAR (Light Detection and Ranging) map for the project area. Brian Howell of Phoenix Associates presented an overview of the project highlighting the following: . The project is located on Old 41 in North Naples . The applicant is processing through the South Florida Water Management District, US Fish and Wildlife Service and Florida Fish and Wildlife Conservation Commission as necessary. . The Preserve areas meet the requirements of Collier County. . The site will be utilized for open-air storage of vehicles and boats. Jason Hunt of Passarella Assoc. provided an overview regarding the requirements for the Preserve Areas. Chairman Hushon noted a letter from Maria Minno of Eco Cognizant Inc. dated January 22, 2006 indicated the site was investigated for presence of Curtiss Milkweed. None was identified, but noted "excellent scrub habitat" associated within the site was found. Based on the quality of the Preserve habitat, Ms. Minno recommended the plant be introduced to the site as it may be obtained from sources such as "The Nature Conservancy" or "Bok Towers Rare Propagation Project." Chairman Hushon also requested clarification ifit is the intent of the Applicant to relocate any "desirable plants" found on site (in any areas to be cleared) to the Preserve Areas (East and West of the railway which bisects the property). Jason Hunt stated the applicant will be subject to the Preserve Area Management Plan. Attempts will be made to relocate any "rare" plants found on site to the Preserve west of the railway. Dr. Hushon recommended, and Mr. Hunt agreed, in managing the Preserve, it would be beneficial to introduce other species of plants into the Preserve (Curtiss' Milkweed, etc.) as indicated in Ms. Minno's letter. Gopher Tortoise Burrows were found on both the East side and West side of the railway. The Applicant has submitted an application to the Florida Fish and Wildlife Conservation Commission for "on site relocation" of the Gopher Tortoises. It is proposed to relocate the Gopher Tortoises to the Preserve on the East side of the railway. 3 August 5, 2009 Susan Mason, Principal Environmental Specialist stated Staff recommends approval of Site Development Plan SDP -AR-13491 subject to the following stipulations: Environmental "The previous SOP 2003-4620 included a condition required by the Environmental Advisory Council (EAC) in 2005. The condition was placed on the site plan and states "Full review by County staff and all concerned agencies such as USFWS and FFWCC will be required." The condition was requested as a result of Curtiss' Milkweed (Asclepias curtissii) being observed on the site. The condition will be met as a part of the permitting through the USACE and SFWMD." Mr. Dickman moved to approve the Petition subject to the recommendations by Staff (The previous SDP 2003-4620 included a condition required by the Environmental Advisory Council (EAC) in 2005. The condition was placed on the site plan and states "Full review by County staff and all concerned agencies such as USFWS and FFWCC will be required." The condition was requested as a result of Curtiss' Milkweed (Asclepias curtissii) being observed on the site. The condition will be met as a part of the permitting through the USACE and SFWMD'') and the applicant to replace exotics (removed in the Preserve) with what would be native plant material typical of that region. Second by Mr. Sorrell. Motion carried unanimously 3-0. VII. New Business A. Welcome new members Andrew Dickman was welcomed as a new member to the Environmental Advisory Committee. B. Set date for EAC workshop There will be a Special Meeting for the Environmental Advisory Council at 9 a.m. on August 25, 2009 at the Community Development and Environmental Services Building located at 2800 Horseshoe Drive, Naples, FL. VIII. Old Business A. Update members on projects None IX. Subcommittee Reports Dr. Hushon reported the Habitat Conservation Plan Advisory Committee approved a Draft Habitat Conservation Plan for Red Cockaded Woodpecker on August 4,2009. X. Council Member Comments Mr. Sorrell requested Staff provide Council members with a defined list of acronyms (USFWS, USACE, etc.) applicable to Environmental Advisory Council business. 4 August 5, 2009 Chairman Hushon requested Staff provide an overview of the County's Transfer of Development Rights regulations at the Workshop on August 25, 2009. Staff was requested to supply Council members with the instructions for accessing their County e-mail accounts. 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 9:37 AM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman, Dr. Judith Hushon These Minutes were approved by the Board/Chairman on as presented , or as amended 5