BCC Minutes 09/19/2006 W (Panther Mitigation & Community Development Environmental Services)
September 19, 2006
MINUTES OF THE MEETING OF THE BOARD OF COUNTY
COMMISSIONERS & COMMUNITY DEVELOPMENT and
ENVIRONMENTAL SERVICES DIVISION WORKSHOP
Naples, Florida, September 19,2006
LET IT BE REMEMBERED that that Board of County Commissioners &
CDES, having conducted business herein, met on this date at 9:00 a.m. in
WORKSHOP SESSION in Building "F" of the Government Complex, East
Naples, Florida with the following members present:
CHAIRMAN:
Commissioner Frank Halas
Commissioner Fred Coyle
Commissioner Jim Coletta
Commissioner Donna Fiala
Commissioner Tom Henning
ALSO PRESENT: Jim Mudd, County Manager
Sue Filson, Executive Manager, BCC Office
Paul Souza, Deputy Field Supervisor, U.S. Fish and
Wildlife Services
Don Scott, Transportation Planning Director
Cormac Giblin, Housing Development Manager
Mike Pettit, Chief Assistant County Attorney
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AGENDA
September 19, 2006
9:00 a.m.
BCC "Issues" Workshop
3rd Floor Boardroom
W. Harmon Turner Building
Frank Halas, Chairman, District 2
Jim Coletta, Vice-Chairman, District 5
Donna Fiala, Commissioner, District 1
Tom Henning, Commissioner, District 3
Fred W. Coyle, Commissioner, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO
SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE
PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED PUBLIC SPEAKERS
WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED, REQUIRES THAT ALL LOBBYISTS SHALL,
BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING
THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION
OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT
DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380;
ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY
COMMISSIONERS' OFFICE.
1. Pledge of Allegiance
2. Commissioner discussions as noted from the June 6/7, 2006 BCC:
a. Panther Mitigation -- Paul Souza, Deputy Field Supervisor, South Florida Ecological
Services Office, U.S. Fish and Wildlife Service
b. Rezoning petitions for developments containing affordable housing and
associated impacts on transportation concurrency
c. General discussion on commissioners' correspondence
3. Public Comment
4. Adjourn
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY
MANAGER'S OFFICE AT 774-8383.
September 19, 2006
I. The Workshop was called to order by Chairman Frank Halas at 9:00 a.m.
September 19,2006. The Pledge of Allegiance was recited.
County Manager Mudd reviewed agenda for Workshop; 3 topics from June
6 and 7, 2006 meeting the Board wished to discuss: panther mitigation,
rezoning developments with affordable housing and resultant effect on
transportation, and Commissioners' correspondence with outside agencies
for policy. Workshop consisted of presentation regarding panther mitigation and
discussion by Commissioners.
Mr. Mudd turned over presentation to Paul Souza.
II. Using a power point presentation, the panther and its history, habitat and
conservation was summarized by Paul Souza.
· Panther conservation greatest challenge in South Florida, most significant
conservation challenge in the United States.
· Key to panther conservation is communication and collaboration among
governments and private sector.
. Wealth of resources in Collier County, panther is only one part.
. Industry acknowledged for its part in conservation.
· Endangered Species Act created 1973 to recover habitat loss.
. Mid 1990s, only 20-30 panthers left, Texas cougars brought in to breed in
monitored, controlled breeding program to balance gene pool. Population
now 80-100.
· Map of panther consultation area. If development to occur in these areas,
federal agencies have to review.
. Vehicle collisions have been obvious threat to panthers, so far 9
mortalities due to vehicle collisions in 2006.
· Questions have been raised about airport expansion and Habitat for
Humanity projects, panther mortality has been increased on roads near
airport and near the Habitat for Humanity project.
· Panther conservation keys for success: Partnerships among local and state
government, industry, environmental groups and landowners. Use all
tools available. Protect, restore and manage habitat. Provide panther
crossmgs.
· Habitat conservation plan (HCP) to decrease cost and time burden placed
on critical projects and Collier County land developers, streamline
process, be proactive to eliminate regulatory surprise.
· HCP challenges noted upfront commitment of time and energy, a carefully
defined scope ofHCP, identify creative approaches to offset impacts and
marshal public support and build upon Collier County's work.
III. Questions and Answers regarding impact on panthers and Collier County.
Discussion of ecosystem changes when extinction occurred. Future genetic
management discussed. Florida's number for viable habitat is 90 panthers for
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September 19,2006
stable panther population not genetically diverse population (260 panthers needed
to be genetically viable on their own).
Commissioner Coyle asked for realistic program for mitigation of panther.
Paul Souza responded that panther habitat changing over time, making sense to
revisit the boundary periodically. Proposal made to have US. Fish and Wildlife
Staff meet with Collier County Staff next month to oversee projects for next 5-10
years and make decisions on site-specific questions.
Chairman Halas questioned airport project on hold with panther mitigation on
fenced airport area which has been in operation since the 1940s.
Paul Souza said review completed January 2006 by US. Fish and Wildlife. Too
late in the process it was found that mitigation needed to be done. Airport located
close to both primary and secondary panther habitats. Established road expansion
and new roads in Collier County will need 12-foot high fencing and creation of
crossings for panthers, possibly in the form of elevated roads. US. Fish and
Wildlife to work with Collier County Department of Transportation staff to avoid
II-hour discovery of changes needing to be made.
Discussion of rural stewardship program and update of data needed for mitigation
to be pursued.
Commissioner Coletta noted cost of panther mitigation in excess of $1.5 million
for affordable housing in Immokalee. He also noted that since panther is a
national treasure, the cost burden of saving panther could be distributed amongst
federal, state, local and private sources.
Mr. Souza responded that all have to think creatively how to create new tools
having discussions with state partners, discussions with federal partners. Working
lands programs suggested. He felt that panther population could expand north of
the Calossahatchee River. There might be programs like USDA not utilized
enough in South Florida keeping agricultural lands as agricultural lands.
Commissioner Henning asked for clarification of primary and secondary panther
habitat.
Mr. Souza responded Randy Kautz, et. aI., researchers, published paper
regarding panther telemetry. About 150 panthers over time were affixed with
radio trackers, the researchers through GIS attempted to outline where these
panthers were found for primary and secondary habitats as well as dispersal
zones.
At this point, map was distributed to Board of Collier County Commissioners and
Sue Filson.
Discussion about panther primary and secondary habitats, that Santa Barbara is
about 7-10 miles from closest panther den and how to avoid getting into
mitigation situations.
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September 19, 2006
Mr. Souza suggested his staff get together with County Staff to identify projects
coming up in the next 5-10 years and compare them to best available science.
Commissioner Halas asked about date of data available that it should only be 12-
18 months back, currently needed concession for Rattlesnake-Hammock
widening. Also, he reiterated and agreed with Commissioner Coletta that the
federal government should share in costs.
County Manager Jim Mudd asked Mr. Souza to explain how the panther
mitigation funds were distributed.
Mr. Souza indicated that the money does not go to Federal government but rather
to the project at hand, for land protection and panther crossings.
SPEAKERS
Nick Kouloheras, Director of Land Development Habitat for Humanity -
Tremendous need for affordable housing in Collier County. HFH has purchased
enough land for the next 1500 units. Costly land, impact fees, and increases in
building materials have made building affordable housing difficult. In addition,
panther mitigation has affected the costs. One HFH project located just south of
Farm Workers' Village has mitigation cost of$50,000 per unit.
Commissioner Fiala asked how to proceed with next steps.
Mr. Souza responded that there were two key next steps, important for U.S. Fish
and Wildlife staff and Mr. Souza to meet with County Staff next month and look
at the projects for next 5-10 year proj ects. Second, using landscape level of
approach to address infrastructure of Collier County.
Commissioner Halas asked that Mr. Souza report back to the Board of County
Commissioners December 1, 2006 what has occurred in addressing issues.
Commissioner Coletta asked that A TV issues be addressed.
Break - 10:24 a.m.
Reconvened - 10:34 a.m.
IV. Rezoning petitions for developments containing affordable housing and
impacts on transportation concurrency.
· Higher density programs getting rezoned just because they have more
affordable housing.
· Affordable housing should follow concurrency guidelines; should revise mass
transport to accommodate distance.
Commissioner Coyle brought up that it might be mistake to not consider
concurrency issues when considering rezoning.
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September 19, 2006
Commissioner Fiala concurred with Commissioner Coyle, also had other issues.
One concern was rezoning approved at corner of Estey Avenue and Airport Road
without proper egress and transportation possibilities. Another concern is that
"Mr. Developer" offers affordable housing because he received extra money.
Third concern noted there is no master plan and accurate figures needed for
affordable housing units.
Commissioner Halas spoke of necessary infrastructure; need to know where
going in the future.
Discussion of possible transportation decisions made during rezoning for
affordable housing. Mass transit throughout County, not only East- West traffic,
has needed a master plan. Issue of concurrency at rezone discussed;
transportation addressed later in process. Mixed use on Bay Shore recently
approved. After rezoning approval, developments have not been built throughout
County. If commercial were to move to Eastern part of Collier County,
consideration to allowing transfer of impact fees to the new facility would cut
down cost discussed. Transfer of Homestead exemption within the County might
be considered as well. Oil Well Road to be made four-lane road in near future
noted.
Commissioner Coyle addressed concurrency and transportation within Collier
County. The Board should consider density.
Discussion ensued.
Commissioner Halas asked that Collier County Transportation Department
address the present issues - that is affordable housing in the urban area, good
example being Rock Creek PUD.
Commissioner Coyle noted that Rock Creek PUD approval based on existing
land development codes, which may need reviewed.
Don Scott, Transportation Planning Director, spoke regarding example of
Rock Creek. DOT looks for consistency; links approved but intersections have to
be improved according to TIS guidelines. Percentage of traffic to be reduced will
need DCA approval.
Discussion of housing density bonuses and sliding scales ensued.
Cormac Giblin, Housing Development Manager, addressed that above issue
was addressed in last LCD cycle. Fishkind and Associates hired to substantiate
density bonus numbers. Change was made earlier this year for sliding scale; it
was adopted for about six months.
Commissioner Fiala brought up I-75 interchange at Davis and Collier Blvds.
The intersection has become problematic.
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September 19,2006
Don Scott, TPD, indicated next year DOT cutting work program next year, some
road project costs doubling, FDOT is 2.4 billion dollars short across the State in
SIS system.
Discussion for mechanism to hold costs at bay already in place. Discussion of
reserve for contingencies. Mr. Scott said approval was obtained for 10%
escalating to 25% for this year's DOT budget. Further discussion that 10-25% not
enough as costs keep edging up.
Commissioner Coyle asked what happened to one billion dollars State was to
provide for local infrastructure in the approved Florida Senate Bill 360.
Mr. Scott indicated most of money going to cost increases, some funding going
to Route 951 expansion.
Discussion of intersection improvements, densities occurred. TIS guidelines need
to be followed tightly. When rezones come before Board and approved they be
phase in smaller segments of affordable housing.
Mr. Mudd asked Board is County will be looking at concurrency at rezone. If
that were the case, then BCC has to change the growth development plan, land
development codes. Board discussed and with 3 individual nods from
Commissioners a study is to ensue about changes.
SPEAKERS
Ken Kelly, President of Kelly Roofing, Member of Affordable Housing
Commission, and Member of Code Enforcement Board - Median income in
Collier County is $66,000. $100,000 income would be considered for affordable
housing. Firefighters cannot afford to live in Collier County as an example.
Five hundred dwellings approved for affordable housing this year; 8,000
approved under general development, percentage very small.
Chris Straton, Affordable Housing Commission - Sitting on ARC, gap
housing for teachers, nurses or firefighters using mass transit would not work.
Study set for concurrency in all housing or just affordable housing. The Board
should send message to community that gap housing/workforce housing is prime
concern to them.
Al Zichella, Collier Building Industry Association President - Is
transportation concurrency a greater public need than the affordability of housing
primarily for essential services workers? High cost of impact fees, waivers for
essential services workers and public service workers. Consider levels of services
on the roads. Density issue, high cost of land, high cost of entitlements
adjustments would make kinder approaches to those workers. Consider more
flexible impact fee or waivers for those in services work category.
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September 19, 2006
Reed Jarvi - Look at where people are coming from for affordable housing.
Traffic issue: Much worker traffic (20-40% from census data) comes from the
north, Estero, Lehigh Acres, Cape Coral. Check governmental policies. BCC
might consider waivers for affordable housing like the Habitat for Humanity per
unit panther mitigation costs.
Nick Kouloheras - Shared appreciation of Commissioner Henning of need to put
affordable housing where the jobs are. Good example is Trail Ridge project at
corner of Routes 951 and 41, next to new Super Wal-Mart.
V. Other issues.
A. South Florida Water Management elected vs. appointed representatives.
Discussion amongst Board members ensued. County Attorney to draw up
petition for public to sign to have change in law started.
B. Substandard Housing in Immokalee - discussion amongst
Commissioners occurred. Code Enforcement is to crack down on the
substandard housing.
Mr. Mudd asked that at first October meeting, a report be prepared on
Code Enforcement work on the substandard housing.
C. Commissioners' Correspondence - how to address either individually or
as a group was discussed and needs further discussion.
D. Flooding in Golden Gate Estates - Commissioner Coletta thanked all
for recent help with the clean out of canal gates and attempts at reducing
flooding. An engineer offered services pro bono to review the Golden
Gates water flow in canals and gates.
Mike Pettit, Chief Asst. County Attorney indicated that BCC can accept
the pro bono offer to evaluate the water situation. Golden Gate
Homeowners' Association also wanted review. Commissioners decided
that two studies of the same problem would be beneficial.
There being no further business for the good of the County, the meeting was
adjourned by order of the chair at 12:01 p.m.
**************
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
Commissioner Frank Halas, Chairman
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RECEIVED
OCT 1 0 2006
September 19,2006
Board of County Commissioners
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
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These 'miril1t~s approved by the Board on U[:( eX 4-1 ~D0, as
Presented V or as corrected J
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