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EAC Minutes 11/04/2009 R November 4, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, November 4, 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 at the Community Development and Environmental Services Room 609/610, 2800 North Horseshoe Drive, Naples Florida with the following members present: CHAIRMAN: Dr. Judith Hushon VICE CHAIRMAN: Andrew Dickman Noah Standridge Michael V. Sorrell Patrick Peck (Excused) ALSO PRESENT: Jeff Wright, Assistant County Attorney Susan Mason, Principal Environmental Specialist Summer Araque, Sr. Environmentalist Specialist Stephen Lenberger, Sr. Environmental Specialist 1 COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL AGENDA November 4, 2009 9:00 A.M. COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES ROOM 609/610 2800 N. Horseshoe Drive, Naples, FL 34104 I. Call to Order II. RollCall III. Approval of Agenda IV. Approval 01 October 7,2009 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions. none VII. New Business A. LDC Amendments 1. Preserve Dimensional Criteria 2. Conservation Mechanisms 3. Created Preserves, Supplemental Plantlngs & Off-Slte Preserve Criteria 4. Preserve Management Plans VIII. Old Business A. Update members on projects IX Subcommittee Reports X. Council Member Comments XI. Staff Comments XII. Public Comments XIII. Adjournment ******************************************************************* Council Members: Please notify Summer Araaue. Environmental Services Senior Environmental SDecialist no later than 5:00 D.m. on October 28. 2009 if yOU cannot attend this meetina or if yoU have a conflict and will abstain from votlnll on a Detition /252-62901. 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 4, 2009 I. Call to Order Chairman Hushon called the meeting to order at 9;00 AM. II. Roll Call Roll call was taken and a quorum was established. III. Approval of Agenda Mr. Sorrell moved to approve the Agenda. Second by Mr. Standridge. Carried unanimously 4-0. IV. Approval of the October 7, 2009 meeting minutes Mr. Dickman moved to approve the minutes of the October 7, 2009 meeting. Second by Mr. Sorrell. Carried unanimously 4-0. V. Upcoming Environmental Advisory Council Absences Summer Araque, Sr. Environmental Specialist noted the December and January Meetings will be held at the CDES Building, 2800 North Horseshoe Drive, Naples Florida. The December 15, 2009 Special Meeting has been cancelled and the item will be heard at the Regular January meeting. VI. Land Use Petitions None VII. New Business A. LDC Amendments Stephen Lenberger, Sr. Environmental Specialist presented the following proposed Land Development Code amendments: 1. Preserve Dimensional Requirements LDC PAGE: LDC3:35 - LDC3:36 LDC SECTION(S): 3.05.07 Preservation Standards CHANGE: Include language to encourage the largest contiguous area possible when establishing preserves. Mr. Standridge moved to approve the( proposed) Land Development Code Amendment as presented. Second by Mr. Dickman. Carried unanimously 4-0. 2. Conservation Mechanisms LDC PAGE: LDC3:36 LDC SECTION(S): 3.05.07 Preservation Standards CHANGE: Changes made to improve the language in the LDC with regards to the requirement for conservation easements. 2 November 4, 2009 Discussion occurred on the wording in Section 3.05.07.H.l.d (on page #3, last paragraph,) which states "Oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein. " It was noted these activities may have negative impacts on Preserves. Stephen Lenberger read Section (V)(VI) Policy 1.1.6 of the Coastal Conservation Growth Management Element of the Growth Management Plan into the record which further addressest the activities: "In those areas of Collier County where oil extraction and related processing is an allowable use, such use is subject to applicable state and federal oil and gas permits and Collier County nonenvironmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, FA.C., as those rules exist on the effective date of this amendment to the Collier County Comprehensive Plan. regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2). FA.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed. the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, FS, to assure compliance with Chapter 62C-25 through 62C-30, F.A.C. even if outside the defined Big Cypress Watershed. All access roads to oil and gas uses shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(l) through (12), F.A.C." To asssist in minimizing impacts on sensitive areas, the Council recommended the above Section of the Growth Management Plan be cross referenced in the proposed amendment, so entities engaged in the activities are aware of the requirements. Chairman Hushon moved to approve the proposed Land Development Code Amendment as presented subject to the language in Section 3.05.07.H.l.d, addressing "Oil extraction and related processing...", cross reference the Growth Management Plan, Coastal Conservation Management Element Section (J1(VI) Policy 1.1.6.." Second by Mr. Sorrell. Carried unanimously 4-0. 3 November 4, 2009 3. Created Preserves, SupplimeDtal Plantings & Off-site Preserve Criteria LDC PAGE: LDC3:36 - LDC3:38 LDC SECTION(S): 3.05.07 Preservation Standards CHANGE: Amend criteria for the creation and restoration of native vegetation. Include criteria for off-site native vegetation retention alternatives. Discussion occurred on the on-going status of Conservation Collier, (one of the possible recepients of donated land) and if the Program exists into "perpetuity. " Jeff Wright Assistant County Attorney noted the funding for acquisition is subject to voter referendum, however the Program has endowment funds for maintenance into perpituity. Discussion occurred if any non-governmental agencies were considered for the land or monetary donation process (Audobon Society, Conservancy of Southwest Florida). Some of the organizations may be more suited for particular types of parcels (potential land to be donated may be adjacent to holdings of these organizations, etc.) It was noted for monetary donations, Conservation Collier may be best suited for the activity, as the Program already has an active acquistion program in place. Stephen Lenberger noted Staff did not heavily consider non-governmental agencies participation in the process, as it was not proposed by Stakeholders during the public meetings. Mr. Dickman moved to approve the proposed Land Development Code Amendment. Second by Mr. Standridge. Carried unanimously 4-0. 4. Preserve Management Plans LDC PAGE: LDC3:38 - LDC3:39 LDC SECTION(S): 3.05.07 Preservation Standards CHANGE: Implement requirements ofthe GMP with regard to preserve management plans and how they address natural diversity, stormwater management and agency approved listed species management plans. Discussion occurred on Section 3.05.07H.l.g.vii regarding where the required monitoring reports are filed. Stephen Lenberger, noted the County has the right to inspect Preserves at any time and the landowner is required to complete an annual inspection and report. If Staff encounters a problem on an inspection, Staff may request the report from the landowner who is to keep the reports for 5 years (as provided 4 November 4, 2009 in Section 3.05.07H.l.g.ix). Any violations are forwarded to Code Enforcement for action. The Council and Staff noted if any homeowner within an Association identifies a potential violation in management of a Preserve, the individual may report it to Code Enforcement for any necessary action. If the amendment is formally approved, (by the Board of County Commissioners) the Council suggested Staff consider notifying Homeowner Associations of any changes which may affect them. Mr. Dickman moved to approve the proposed Land Development Code Amendment as presented. Second by Mr. Standridge. Carried unanimously 4-0. VIII. Old Business A. Update members on projects Chairman Hushon reported on the Mirasol Development Permit - a Federal Judge declared the Biological Opinion invalid and remanded it to the USFWS; the Environmental Assessment invalid and remanded to the US Army Corp of Engineers; the Section 404B permit was revoked and declared invalid. Summer Araque noted Staff was aware of the decision and there are no Development Orders filed for the project at this time. Discussion occurred if changes are made in Biological Opinions, Environmental Impact Studies, etc., will the EAC be required to review any revised applications. Susan Mason, Principal Environmental Specialist noted without specific details on any changes in the Opinions, Assessments, EIS's, etc., Staff cannot make a determination if a new EAC review will be required. If any Development Orders are filed, Staff will make a determination at that time. The Council requested Staff provide a Report to EA C members if any requests for Development Orders are filed for the Mirasol Development. Summer Araque reported: . The BCC heard reports on the Jones Mine Conditional Use. . The BCC approved the Taormina project on September 26,2009. . The Habitat Conservation Plan Advisory Committee has been renewed. IX. Subcommittee Reports None X. Council Member Comments The Council requested an update on the status of the proposed Collier County School Board District Transportation Facility on Desoto and 6th in Golden Gate. 5 November 4, 2009 XI. Staff Comments None XII. Public Comments None Tbere being no furtber business for the good oftbe County, tbe meeting was adjourned by tbe order oftbe Cbair at 10:15 AM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman, Dr. Judith Hushon These Minutes were approved by the Board/Chairman on as presented , or as amended 6