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EAC Minutes 09/05/2012 O MOTIWI September 5, 2012 MINUTES OF THE MEJING.OE..T.FIE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, September 5, 2012 LET IT BE REMEMBERED, the Collier County Environmental Advisory Council, in and for the County of Collier, having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION at Administrative Building "F," 3rd Floor, Collier County Government Complex Naples, Florida with the following members present: VICE CHAIRMAN: Andrew Dickman ,/ Michael V. Sorrell Fiala David Bishof Hiller Henning T r}' Brian Doyle Coyle ✓ Gary McNally (Alternate) Colette �L ALSO PRESENT: Jeff Klatzkow, County Attorney Stephen Lenberger, Sr. Environmentalist Specialist David Weeks, Comprehensive Planning Corby Schmidt, Principal Planner Jerry Kurtz, Stormwater and Environmental Planning Manager Mike Bosi, Interim Planning and Zoning Director Misc.Cares: Date: \W2,\ Y2— Item#:\Li Z, � Copies to: 1 September 5, 2012 I. Call to Order Mr. Dickman called the meeting to order at 9:05AM. II. Roll Call Roll call was taken and a quorum was established. III. Welcome New EAC Member Brian Doyle Mr. Doyle was welcomed as a new member of the Environmental Advisory Council. IV. Approval of Agenda Mr. McNally moved to approve the Agenda subject to the deletion of item VIII.A —Marco Island Executive Airport Second by Mr. Bishof. Carried unanimously 5- 0. V. Approval of the July 3,2012 meeting minutes Mr. Bishof moved to approve the minutes of the July 3, 2012 meeting as submitted Second by Mr. McNally. Carried unanimously 5—0. VI. Upcoming Environmental Advisory Council Absences None VI. Land Use Petitions None VII. New Business A. Election of Chair and Vice-Chair Mr. McNally moved to appoint Andrew Dickman as Chairman of the Environmental Advisory Council. Second by Mr. Bishof. Carried unanimously 5— 0. Mr. McNally moved to appoint David Bishof as Vice Chairman of the Environmental Advisory Council. Second by Mr. Dickman. Carried unanimously 5—0. Mr. Dickman assumed the Chair. VIII. Old Business A. Marco Island Executive Airport Expansion Special Treatment Permit- Update ST—PL-2012-0900 Removed from Agenda B. LDC amendment Stephen Lenberger presented the proposed Amendment. LDC Sections: 3.05.02 - Exemptions from Requirements for Vegetation Protection and Preservation 3.05.05 —Criteria for Removal of Protected Vegetation Change: Revise exemption and permitting requirements for mangroves, for consistency with State law. 2 September 5, 2012 He noted the amendment is proposed as the County needs to recognize State Statutes regulate Mangrove Trimming and Preservation and the Statue preempts the County from regulating these activities (unless the County requests the delegation of authority from the State). Mr. Bishof expressed concern the proposed amendment and/or Statute may not preclude an applicant from obtaining permission from the State for the trimming/alteration, etc. of mangroves in areas subject to County conservations easements, or permitted native vegetation preserves not subject to easements. The activity may possibly violate County goals for preservation. He recommended any future easements proposed by the County or applicants be worded accordingly to assure the conditions or requirements are met regarding the trimming, alteration, etc. of mangroves/vegetation within these areas. Speakers Jeremy Frantz, Conservancy of Southwest Florida expressed concern the language in Section 3.05.05G "mangrove removal or trimming shall be prohibited in all preserves or areas used to fulfill the native vegetation preservation requirements" was stricken and recommended the language be transitioned into a design standard elsewhere in the Land Development Code to ensure conservation goals are met. Chairman Dickman noted, based on Staff input, incorporating this type of language may be in conflict with State Statutes. Marcia Cravens, Sierra Club noted the Statute currently adequately addresses mangrove trimming/alteration for held by the public and/or in conservation easements. Amendments to the LDC should be for the correction of deficiencies in meeting the goals and objectives of the GMP. State Statutes regulate all the issues that have arisen and the proposed amendment is unnecessary as the existing LDC supports the Statute. She expressed concern on any language in the LDC that would conflict with the Statute. The State of Florida should be the authority for this activity and amendments may be necessary if the County wishes to be delegated the authority to regulate mangrove preservation. Mr. Bishof moved to recommend the Board of County Commissioners adopt the proposed Land Development Code Amendment. Second by Mr. McNally. Carried unanimously 5— 0. C. Adoption of EAR-based GMP Amendments Corby Schmidt submitted the Evaluation and Annual Report Growth Management Plan Amendments as outlined in the "Staff Report—Environmental Advisory Council- from Comprehensive Planning Section, Planning and Zoning Department Growth Management Division-Hearing Date: September 5, 2012" He noted: • On a 7 year cycle, State of Florida Statutes requires the County to review the Growth Management Plan(GMP) and determine if any amendments are required. 3 . • September 5, 2012 • The proposed Amendments were previously developed as required and transmitted to the Florida Department of Economic Opportunity (DEO) for comment. • The comments are returned to the County in the form of an"Objections, Recommendations and Comments (ORC) Report." • The DEO's comments were technical in nature and did not rise to the level of recommendations or objections. • The County is now moving forward with the adoption process of the amendments and Staff is submitting them to the EAC for review with any comments and/or recommendations being forwarded to the Board of County Commissioners. • Policy 6.3.1 —the language "The project is exempt from allowable off site discharge limitations pursuant to Section 403.814(12),F.S." is to be deleted, with remaining items in the Section renumbered accordingly. The following was noted under Council member discussions: Public Facilities Element/Drainage Sub-Element (the Stormwater Management Sub- Element Policy 6.2—Concern it references a specific South Florida Water Management District policy which may be revised in the future. Is it prudent to outline the standards within the GMP and/or Land Development Code? County Staff noted if SFWMD revise their policies, it would be a lengthy process with the County being aware of any changes allowing the County the opportunity to adjust any policies accordingly. They recommended citing language of Objective 2.1.a regarding the "volumetric requirements"to aid in clarifying the language in the proposed policy. Conservation and Coastal Management Element Policy 2.2.5 Concern the language is not strong enough to achieve the goal of ensuring existing storm water management systems function properly on an ongoing basis. County Staff reported the County does not want to create a mandate with the Policy,rather implement a public education and awareness campaign which is already on-going with a great success. Speakers Marcia Cravens, Sierra Club noted there was a 1998 lawsuit in which the County was ordered to develop certain remedial amendments to the GMP. She recommended Staff review these orders to ensure the Amendments provide compliance with the Order. She expressed concern on the deletion of maps in Policy 2.4 as they may still have value. She supports the public education and awareness campaign, especially for homeowner associations. She recommended the EAC Agenda posted online incorporate links to the Agenda items so it is easier to access information. County Staff reported: • The maps were deleted as there are many updated maps incorporated into the recently adopted Stormwater Management Plan. 4 • • September 5, 2012 • They will investigate adding the links on the Agenda as requested by Ms. Cravens. Mr. Bishof moved to recommend the Board of County Commissioners adopt the proposed Evaluation and Annual Report Growth Management Plan Amendments subject to the following revisions: 1. Policy 6.3.1—the language "The project is exempt from allowable off site discharge limitations pursuant to Section 403.814(12),F.S. to be deleted. 2. Policy 6.2 to read— "Collier County's retention and detention requirements shall be one hundred fifty percent(150%) of the water quality volumetric requirements provided in the South Florida Water Management District..." Second by Mr. McNally. Carried unanimously 5—0. IX. Council Member Comments A. Subcommittee Report Mr. Dickman reported, pursuant to their duties,the EAC Subcommittee meets the last Wednesday of a month at 9:00am at the Growth Management Division to review environmental issues affecting the County. The initial issue under review is stormwater management. A memorandum has been prepared by the Subcommittee regarding the EAC recommendations on the subject. He noted a draft of the memorandum has been circulated for comment by the main Council. The Council reviewed the proposed memorandum and noted recommendation#2 should strike the language "large lot. " Mr. Dickman reported he would make the change and review the document for final changes. Speaker Marcia Cravens, Sierra Club recommended consideration be given to addressing how re- use irrigation water may negatively impact stormwater systems. Mr. Sorrell moved to authorize the Chairman to make any necessary changes and finalize the Memorandum, including preparing a cover letter and submit it the Board of County Commissioners. Second by Mr. Doyle. Discussion occurred noting it may be prudent for the Council to review the final document prepared for submittal to the BCC. Mr. Sorrell amended the motion to authorize the Chairman to make any necessary changes and finalize the Memorandum, including a preparing cover letter and return it to the Council for final review. Second by Mr. Doyle. Carried unanimously 5—0. The Council recognized the service of former EAC members Dr. Judith Hushon and Gina Downs. The Council requested Staff to report to them the ongoing efforts on to educate the public and vendors on the requirements for fertilizer applications in the County. 5 • September 5, 2012 X. Staff Comments None 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 11:15 AM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Andrew Dickman, Chairman These Minutes were approved by the Board/Chairman on f / as presented i;� , or as amended 6