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EAC Minutes 08/25/2009 S August 25, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, August 25, 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 SPECIAL SESSION at the Collier County Community Development Services Conference Room #609/610,2800 N. Horseshoe Drive, Naples, Florida, with the following members present: CHAIRMAN: Dr. Judith Hushon VICE CHAIRMAN: Andrew Dickman Noah Standridge Michael V. Sorrell Patrick Peck Chris Stephens (Alt.) (Absent) ALSO PRESENT: Steve Williams, Assistant County Attorney Susan Mason, Principal Environmental Specialist Stan Chrzanowski, PE, Engineering Manager Summer Araque, Sr. Environmentalist Specialist Joe Schmitt, CDES Administrator Stephen Lenberger, Sr. Environmental Specialist ENVIRONMENTAL ADVISORY COUNCIL AGENDA SPECIAL MEETING - ORIENTATION August 25, 2009 9:00 A.M. Room 609/610 - Community Development and Environmental Services 2800 N. Horseshoe Drive, Naples, FL 34104 I. Call to Order II. Roll Call III. Approval of Agenda IV. Upcoming Environmental Advisory Council Absences V. New Business A. Opening Remarks - Joe Schmitt, CDES Administrator B. Growth Management Plan (GMP) - David Weeks, Growth Management Manager a. What is the GMP? b. Review of GMP amendments by the EAC C. Remarks from the County Attorney's Office - Steve Williams, Assistant County Attorney a. Conflict of Interest b. Member interaction during and outside of meetings c. Ex parte D. Land Development Code amendment schedule - Stephen Lenberger, Senior Environmental Specialist E. Storm water Management - Stan Chrzanowski F. What does the EAC review? - Summer Araque and Susan Mason, Environmental Services Section a. Project review b. The importance of attendance c. Question and Answer VI. Public Comments VII. Adjournment ******************************************************************* Council Members: Please notify Summer Araaue, Environmental Services Senior Environmental Specialist (252-6290) if YOU cannot attend. 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 25, 2009 I. Call to Order Chairman Hushon called the meeting to order at 9:07AM. II. Roll Call Roll call was taken and a quorum was established. III. Approval of Agenda Mr. Dickman moved to approve the Agenda with the following addition: Item V.G - Naples Daily New Article - Re: Proposed A TV Park, Miami-Dade Jet Port Second by Mr. Peck. Carried unanimously 5-0. IV. Upcoming Environmental Advisory Council Absences None V. New Business A. Opening Remarks - Joe Schmitt, CDES Administrator The meeting is informational and is to provide an overview for the members of the Council on County processes which impact EAC functions and duties. He presented a Slide Show on the Operation of the Community Development and Environmental Services Department. The Slide Show included a history of the County's Land Use Planning which began in the early 1970's, the permit process, local historic and current economic conditions and the effects on County Government. He concluded noting EAC reviews and decisions on Land Use Petitions, proposed Land Development Code and Comprehensive Plan (Growth Management Plan) amendments, etc. are Advisory, and forwarded to the Collier County Planning Commission, and ultimately the Board of County Commissioners for a final decision on the item. B. Growth Management Plan (GMP) - David Weeks, Growth Management Manager a. What is the GMP? David Weeks provided an overview of the Growth Management Plan (GMP) highlighting the following: . The term "GMP" and "Comprehensive Plan" are synonymous. . There are 11 Elements to the GMP. . It provides a vision for future growth by guiding growth and development to appropriate areas within the County. . The Element most applicable to EAC functions is the "Conservation and Coastal Zone Management Element" of the GMP. . The EAC also reviews any issues that deal with the changes in designations of Transfer of Development Rights (Rural Land Stewardship Area, Rural Fringe Mixed Use District, etc.) 2 August 25,2009 b. Review of GMP amendments by the EAC David Weeks highlighted: . There is an annual GMP amendment Cycle with amendments initiated by either the private sector or Staff. . Every 7 years, an Evaluation and Appraisal Report (EAR) is prepared. . The EAR provides for a Staff review of the GMP and determines if the vision for the County has changed and amendments to the Plan need be proposed. . The EAC reviews and provides comments on the proposed amendments. C. Remarks from the County Attorney's Office - Steve Williams, Assistant County Attorney There will be a County Attorney Workshop on the Sunshine Law in September of 2009, which all Advisory Council Members should attend as the Law may change from year to year. a. Conflict of Interest Steve Williams noted if a member has a financial, fiduciary or monetary interest in an item they should excuse themselves from participating in the item. If you have a conflict of interest, a form is filled out and he recommended you recuse yourself from the Council, sit in the back of the room and not participate. He noted all issues are not "clear-cut, " and Florida Law does define the parameters of when you should abstain from an issue. If you are unsure if you have a conflict of interest contact Staff for a determination. b. Member interaction during and outside of meetings Two or more Council (and all Advisory Board) members are not permitted to discuss any issues, which may come before the Council outside of a publicly noticed meeting. The requirement also applies to e-mail communications and breaks during meetings. Any communications should be directed to Staff who may disseminate the information to the members. Ifit is anticipated two members may appear in any capacity at another County Meeting, contact Staff for a determination if the appearances should be duly noticed. If the Council wishes to take an official position on an item, it should be determined at a publicly noticed EAC meeting, and one member should be directed to appear. c. Ex parte If a person with an application to be reviewed by the EAC contacts a Council member requesting a site visit or to discuss the item, you may, or may not converse and or meet with them. If the member chooses to, the meeting/discussion needs to be individual, with no other EAC members 3 August 25,2009 present. If a member discusses the item or makes a site visit, it needs to be disclosed at the EAC meeting before the item is heard. Break: 10:23am Re-convened: 10:35am D. Land Development Code amendment schedule - Stephen Lenberger, Senior Environmental Specialist Stephen Lenberger provided the documents "Program/Project Commitments EAR-based Amendments - Conservation and Coastal Management Element" and "Proposed Schedule for LDC Amendment 2009 Cycle 1 " for review by the Council. He provided an overview on the status of the proposed LDC amendments and reviewed the scheduling with the Council. The EAC is scheduled to review the proposed amendments at their regular October and November meetings. Staff will attempt to provide the Council members with copies ofthe proposed changes before the meeting. E. Stormwater Management - Stan Chrzanowski The Council was provided a copy of "Division 23 - Environmental Advisory Council" of the Collier County Codes governing the EAC. Mr. Chrzanowski provided an overview of Stormwater Management issues within the County. The County has recently relinquished their delegation agreement with South Florida Water Management District (SFWMD) for reviewing projects less than 40 acres. All projects within Collier County will now be reviewed by SFWMD for stormwater impacts, ifrequired by the SFWMD. Summer Araque re-iterated the surface management aspect of any Petition that may be reviewed by the SFWMD is exempt from EAC review, except to evaluate the criteria for allowing treated storm water to be discharged into Preserves. F. What does the EAC review'l - Summer Araque and Susan Mason, Environmental Services Section a. Project review Summer Araque and Susan Mason presented a Slide Show and handout on the parameters of EAC reviews, EAC power and duties, the types of petitions subject to review, etc. They noted the importance for members to understand their functions and parameters for reviewing items and to stay on track and not stray from the issues assigned to the EAC for review. If the Council strays from the parameters, Staff will bring it to the Council's attention. For example, applicants are not required to provide certain detail for Rezone Applications, (detailed site designs, building elevations, etc.) and some questions on design parameters may be outside the scope of the review. 4 August 25, 2009 If the Council wishes to advance an issue, (LDC amendment, etc.), a memo from the Council must be directed to the Board of County Commissioners so that the County Manager may provide Staff direction on addressing the issue. Staff may not undertake these types of proposed initiatives without authorization. b. The importance of attendance Meetings are on the first Wednesday ofthe month and may last from 1 hour to an entire day. The importance of attendance was stressed and the Chairman may deem a person who does not attend a meeting "Absent" or "Excused." Poor attendance is grounds for dismissal from an Advisory Board. c. Question and Answer None. G. Naples Daily News Article - Re: Proposed ATV Park at Miami - Dade Jetport Chairman Hushon noted an article in the Naples Daily News mischaracterized the Environmental Council Advisory Council's position on the proposed ATV Park. It was determined the issue should be addressed at the September 2, 2009 EAC meeting when the proposed A TV item will be officially heard by the Council. VI. Public Comments None There being no further business for the good ofthe County, the meeting was adjourned by the order of the Chair at 11 :40 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