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EAC Minutes 11/07/2007 R November 7, 2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, November 7,2007 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 REGULAR SESSION at North Naples Regional Park Exhibit Hall with the following members present: CHAIRMAN: William Hughes VICE CHAIRMAN: Dr. Judith Hushon (excused) Lee Horn Roger Jacobsen David Bishof Nick Penniman Michael V. Sorrell Dr. Llew Williams Richard Miller OTHERS PRESENT: Jeff Wright, Assistant County Attorney Stan Chrzanowski, PE, Planning Review Summer Araque, Senior Environmentalist Susan Mason, Principal Environmental Spec. Bill Lorenz, Director of Environmental Services Melissa Zone, Principal Planner David Weeks, Sr. Planner Ray Smith, Pollution Control Dept. Barry Williams, Director of Parks and Recreation Murdo Smith, Parks and Recreation Chris D' Arco, Environmental Services Nick Casalanguida, Transportation Planning Director Mac Hatcher, Engineering & Environmental Servo 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA Wednesday, November 7, 2007 9:00 A.M. Large Conference Room at the Exhibit Hall within North Naples Regional Park I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of October 3, 2007 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Conceptual Site Plan CSP-2007-AR-12443 "Temporary ATV Park" Section 6, Township 45 South, Range 30 East B. Planned Unit Development PUDZ-2006-AR-10171 "Brandon RPUD" Section 13, Township 48 South, Range 25 East C. Commercial Planned Unit Development CPUD- 2005- AR-9127 "Myrtle Woods CPUD" Section 29, Township 50 South, Range 26 East D. CPSP-2005-14, Comprehensive Plan amendment petition requesting amendments to the Future Land Use Map and map series to re-designate Rural Fringe Mixed Use District Sending Lands to either Receiving Lands or Neutral Lands, for twenty properties comprising :!:283 acres. [Coordinator: David Weeks. AICP. GMP Planning Manager] Adoption Hearing E. CPSP-2005-15, Comprehensive Plan amendment petition requesting amendment to the Transportation Element to add new policies providing for Thoroughfare Corridor Protection Plans. [Coordinator: Nick Casalanguida. Transportation Planning Director] Adoption Hearing F. CPSP-2005-16. Comprehensive Plan amendment petition requesting amendments to the Future Land Use Map series map titled Collier Countv Wellhead Protection Areas. Proposed Wellfields and ASRs Map. [Coordinator: David Weeks. AICP, GMP Planning Manager] Adoption Hearing VII. New Business A. Pesticide/herbicide testing in ground water and Sodium in GGE wells _ Ray Smith, Rob Ward, and Rhonda Watkins of Pollution Control B. Recommendation to the BCC on Watershed Basin Priorities - Mac Hatcher of Environmental Services Department VIII. Old Business A. Update members on projects IX. Subcommittee Reports X. Staff Comments A. Address and e-mail address - Can we give to Rookery Bay? B. Redundant stipulations - The CCPC is requesting to not require redundant stipulations or items in the PUD documents. XI. Council Member Comments XII. Public Comments XIII. Adjournment ******************************************************************* Council Members: Please notifv Summer Araaue. Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on Thursdav. November 1. 2007 if vou cannot attend this meetina or if vou have a conflict and will abstain from votina on a petition 1530-6290). 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. 2 November 7,2007 I. Call to Order The meeting was called to order at 9:01 A.M. by Chairman Hughes. II. Roll Call Roll Call was taken and a quorum was established. III. Approval of Agenda Mr. Penniman moved to approve the agenda noting a requested time certain for Item VII. E. at 1 pm. Second by Mr. Jacobsen. Carried unanimously 8-0. IV. Approval of October 3, 2007 meeting minutes Mr. Jacobsen moved to approve the October 3, 2007 meeting minutes. Second by Mr. Horn. Carried unanimously 8-0. V. Upcoming Environmental Advisory Council Absences Dr. Williams will not be present for the February meeting. VI. Land Use Petitions A. Conceptual Site Plan CSP-2007-AR-12443 Temporary A TV Park Section 6, Township 45 South, Range 30 East A memo from Council member Hushon subject "Comments on the Proposed A TV Park dated 10/31/07 was entered into the record (see attached). Mr. Penniman disclosed that he had conversations with Nancy Payton of Florida Wildlife Federation, Brad Cornell of the Collier County Audubon Society and Nicole Ryan of Conservancy of Southwest Florida. The presenters were sworn in. Richard Woodruff of Wilson Miller introduced the Petition representing Collier County Parks and Recreation Department and the Big Cypress Water Basin for the application for a temporary A TV park on lands owned by Alico, Inc. He noted he also represents Alico, Inc. in various land issues; however Alico has no interest in this issue other than the owner and lessee. The parcel is 160 acres in size and located in the north portion of the County. Barry Williams, Collier County Director of Parks and Recreation provided a brief history of the proposal. On 10/08/2003 the Southwest Management District for the District agreed to convey a parcel of land to the County for an A TV site in exchange for lands taken for the Everglades restoration project. On 1/10/07 the Board of County Commissioners and Southwest Florida Water Management District reached agreement on the Conveyance of a 640 acres parcel to be this 2 November 7, 2007 site. A l60-acre temporary site parcel is proposed for lease until completion of construction of the permanent A TV Park. This leased parcel is the Petition in front of the Council today. The Petition is for a Temporary Use Permit. Barry Williams (P&R) stated the dredging occurring at Lake Trafford has been delayed due to drought conditions and will not be completed for some time. Upon completion of the dredging, the material from Lake Trafford is to be placed on the permanent site with a waiting period of 18-24 months for the material to dry before construction may initiate. Mr. Sorrell asked ifMr. Williams was aware of the high copper content of the material in Lake Trafford. Barry Williams (P&R) stated that the permanent site would be addressed at a later date. Mr. Penniman asked if there was any archeological review of the dredging of the Lake Trafford site. Barry Williams (P&R) stated that the permanent site would be addressed at a later date. Mr. Jacobsen noted that issues with the permanent site could have a bearing on the temporary use duration. Richard Woodruff stated that this is a one-term lease and will not be renewed due to Stewardship issues with this property. The overall duration of the lease, with extensions is from 5/10/2007 through 5/10/2010. The next step will be application for additional permit approvals. He also provided an overview of the project noting the following: · The site is 160 acres but the area ofriding use is much smaller due to environmental constraints . There are no permanent structures proposed · The parking area will be grass with no improvements (culverts, paving, etc.) · A helicopter pad consisting of a mowed area is proposed . Restrooms will be via port-a-johns . Hour of operation are 2 weekends monthly, Friday, Saturday, or National Holiday from 8AM to 5PM · The trail area will be cordoned offby hay bales and silt fences · Permits will be required as well as educational courses for riders · On-site Rangers will patrol the site with any violations resulting in permit revocation and ejection from the site In regards to listed species identification he noted: · A watering station or previous dipping station for Caracara · This area will be cordoned off and soil samples by the County will be taken and these results will determine ifthe site will be restricted permanently . A full Environmental Impact Statement has not been prepared . A primary protection zone has been established of a radius 985 feet; a secondary zone of 2300 feet may be required by Fish and Wildlife 3 November 7, 2007 The Petitioner is requesting an approval based on the requirement of a primary zone only, if a secondary zone is required the Petition will be withdrawn. Murdo Smith of the Parks and Recreation Department presented the Management plan and stated at the time the plan was prepared the concern of the Caracara nest was not identified. He noted the following: . Rider reservations will be required and obtained at Exhibit Hall . Hours 8am to 5pm 2 weekends a month . 50 vehicles is the maximum allowed at one time . Helicopter Airlift service is proposed · Factory installed exhausts will be required, was well as protective head gear and clothing . A TV are prohibited from wetland areas with a maximum speed of 25 mph Mr. Horn asked ifthere was a Management Plan for Black Bear or Florida Panther. Tom Trettis, Ecologist of Wilson Miller stated that Fish and Wildlife had determined no impacts to the Panther. There is a possibility of Black Bear activity; however no Management plans were requested. Barry Williams (P&R) noted that South Florida Water Management District received a letter from US Fish and Wildlife regarding the Caracara issue. Susan Mason noted that at meetings Management Plans were recommended for any listed species on site. Mr. Jacobsen requested clarification on the requested activity of the Council, vote versus an opinion. Mr. Wright, Assistant County Attorney recommended a motion of approval or denial of the temporary use permit with or without stipulations. Dr. Williams asked if an Environmentallmpact Statement (EIS) is required. Assistant County Attorney Jeff Wright stated that his understanding that if an issue would have a substantial impact on Environmental Quality than an EIS is required. Susan Mason, Principal Environmental Specialist, noted this is a unique situation and it was determined by the County that at this level an EIS is not required. When the Conditional Use application is submitted, it will be required. Bill Lorenz, Director of Environmental Services concurred this was a unique situation and through all reviews, it was determined that no EIS would be required based on the US Fish and Wildlife assessment that no listed species were impacted. This determination was made before the Caracara area was identified. Richard Woodruff stated that Fish and Wildlife will make the final determination of species impact. 4 November 7, 2007 Mr. Miller noted that a Temporary Use Permit is usually a duration of 14 days; this Petition is for at least one year and was concerned with setting a precedent in this process. Mr. Bishof asked if the site will be restored upon termination of the lease and if so, should a bond be required to ensure completion Richard Woodruff stated the lease requires the site to be returned to its pre-lease condition. This would be an easy process based on the type of disturbances proposed and the landowner can assist in the restoration. The landowner would be acceptable to the County providing a bond. He also stated the perimeter of the property is encompassed by fencing. Mr. Sorrell asked the protection status of the Caracara. Speakers Nancy Payton of the Florida Wildlife Federation among the points noted the following: · In response to Mr. Sorrell's question, the Caracara is a listed species · There is not enough information for the Council to make a responsible decision . There are Caracara and Florida Panther issues . There is no biological opinion from Fish and Wildlife · There is no Habitat Conservation Plan which is a long process · No special consideration should be given to the Collier County or South Florida Water Management District · The Collier County Comprehensive Plan directs incompatible uses away from listed species. This is an incompatible use. She recommends continuance or a denial of the petition as presented. Nicole Ryan, Conservancy of Southwest Florida among the points noted the following: . The petition does not constitute a temporary use . A full EIS should be required . A lack of a Management Plan for Black Bear, Florida Panther, etc. · A private developer would not qualify for approval as presented She recommends denial of the petition as presented. Chairman Hughes cited the lack of information presented and proposed the Petitioner request a continuance. Richard Woodruff stated he did not want to request a Continuance and requested a decision at this point. Barry Williams (P&R) stated that he is working under the direction of the Board of County Commissioners and understands the uniqueness ofthe proposal and the area will be restored to its pre-lease condition. In general private developer projects do not propose developing a parcel, then returning it to its previous 5 November 7, 2007 condition. He is not seeking special treatment by the Council and requested a continuance to address the issues herein. Mr. Jacobsen noted the plan is well thought out, but does not have the adequate information to make a decision at this point. Mr. Jacobsen moved to continue the Petition to the next meeting. Second by Mr. Horn. Carried unanimously 8-0. Break: lO:20A.M Re-convene: 10:27 A.M B. Planned Unit Development PUDZ-2006-AR-IOI71 "Brandon RPUD" Section 13, Township 48 South, Range 25 East The presenters were sworn in. Mr. Jacobsen disclosed that he had walked the site. Mr. Miller disclosed that he resides at Strand, easterly of the project. Patrick White, Attorney from Porter Wright Morris and Arthur representing Eastbourne Bonita, LLC provided a brief overview of the project noting a Continuance from the last agenda to address a staff concern. The request is to rezone approximately 51.1 acres from Agriculture (A) and Special Treatment Overlay zone to Residential Planned Unit Development. A Master Concept Plan has been provided with the application which shows the location of Livingston road and Della Rossa proposal to the West, Agricultural zone land and Royal Palm Academy to the South; FPL easements to the East. The request is for the maximum density of 204 residential units or 3.99 units per acre. Patrick White qualified Kendra Willet of Johnson Engineering as an expert witness in the area of Wildlife issues. Kendra Willet provided a power point presentation for the proposal. She noted the following: . Approximately 40 acres of the site are wetland, . Approximately 7 acres are proposed as preserve . Drainage water will enter the preserve following treatment · A protective species survey in May of 2006 indicated no presence of protective species; 3 areas were found for potential ofleaf nest for the Big Cypress Fox Squirrel · A Management Plan has been provided for the Fox Squirrel · The application is consistent with the Growth Management Plan and LDC · The applicant has agreed with the Recommendations in the Staff Report that a note be added before the project is reviewed by the Collier County Planning Commission: 6 November 7, 2007 a. "Remaining Preserve Area is defined at the "time of the next" development order. . .. b. the end of the note "shall be located adjacent and contiguous to the preserve shown on the site master plan Mr. Penniman asked why the drainage flows to the Southwest. Chris Hagen of Johnson Engineering stated the drainage is based on existing conditions created by previous construction in the area. He reviewed the Lidar Map noting the project is draining into a restricted discharge basin and overall will provide for minimal offsite discharge and will not affect the receiving area. The detailed information will be presented at the Site Development Plan level. Mr. Bishof noted the wetland elevations were based on adjacent site data and asked if an existing and proposed on site hydrology analysis was conducted to determine the elevations. Chris Hagen stated that detailed studies on site had not been completed. The project is in the conceptual stages and established elevations are based on previous information established in the area. Mr. Bishof also asked why the seasonal high, established as wetland for the site is elevation 11.7', I foot below the existing grade of 12.7', yet the site is characterized as wetland. Chris Hagen stated that the site is in transition to upland and if undisturbed within 10 years the site would be an upland community. This is due to the fact existing developments have altered the historic flows into the site. Stan Chrzanowski, PE, Planning Review stated that the difference in the database for the elevations could be causing confusion. The proposed conceptual plan is based on NGVD elevations for the Water Management District as opposed to NA VD Lidar elevations. NGVD elevation base is approximately 1 foot higher than the NA VD. Mr. Bishof noted no matter which database is utilized for the conceptual plan (and it is not indicated), the natural hydrology that exists on this site, not adjacent sites (which mayor not be accurate) needs to be utilized in planning; not elevations based on previous developments. The elevations as provided will effectively drain the wetland groundwater as opposed to re-hydrating it and the issue needs to be addressed. Chris Hagen agreed with Mr. Chrzanowski's comment that the confusion is caused by the elevations and that 1.3' added to the existing 11.7' elevation shown on the conceptual plan will provide an established wetland elevation of 13.0' hydrating the wetland. Mr. Bishof requested Mr. Hagen review the conceptual plan. After reviewing the conceptual plan, Mr. Hagen agreed the data shown is incorrect and he needs to look at revising the elevation data on the plan. Mr. Bishof stated with the revised elevation data, it is still a concern on how the hydrology of the site will be impacted with the proposed project. 7 November 7,2007 Mr. Miller asked what the proposed residential uses would consist of in terms of single family units vs. multi family units, accessory structures, building heights, etc. Laura Spurgeon of Johnson Engineering stated that the exact design standards have not been proposed at this point, but the uses will be the maximum allowed under the Land Development Code standards; single-family 35 feet maximum height or multi family 50-foot maximum height. Melissa Zone, Collier County Principal Planner noted that the issues today are environmental and the size and height of structures proposed would be addressed at the Planning Commission hearings. Chairman Hughes stated that these issues could be considered environmental Issues. Chairman Hughes requested Mr. Chrzanowski address the drainage issues associated with the project. Stan Chrzanowski noted that the Livingston Road construction affected the pre existing drainage patterns in the area and the drainage considerations proposed in the conceptual plan are on the right track A question was asked if the presenters had taken into account the Staff Report item V.C.2 noting the Master Plan is being required to show a pedestrian connection for a future pedestrian interconnection between Brandon PUD and developments in the west. It was also noted these items are important as the proposed or required infrastructure could affect Stormwater flows. Patrick White stated after discussing this issue with Planning and Transportation Staff, it is not applicable and the details will be addressed in the Planning Commission hearings. Dr. Williams requested clarification of section VLA. Paragraph 4 of the Staff Report addressing the stormwater management system. Chris Hagen stated that the intent of the on-site Stormwater design is to have all the stormwater enter the lakes for treatment and direct only treated water into the wetland preserve. Mr. Bishof stated there are many water quality issues with this site and areas off site that may be adversely affected. The level of detail provided at this point does not fully address these issues. Chris Hagen agreed that these items need to be addressed and that level of detail will be provided at the next review stage for the County and South Florida Water Management District. These jurisdictions heavily regulate these issues to ensure water quality. Mr. Penniman noted the large amount of impervious surface areas proposed for the project. Chris Hagen noted that the project proposes Code deviations for required sidewalks in some areas and would aid in the quality of the water falling on 8 November 7, 2007 impervious areas as the quality of water draining from roofs and buildings is of a higher quality than roads and sidewalks. Patrick White stated he appreciated the level of detailed questions and assured the Council that these detailed issues will be provided at the Site Development Plan level and addressed by those various Agencies and requested a recommendation of approval for the Petition. Melissa Zone stated that Staff does not support the request for the sidewalk deviations requested. Mr. Miller expressed concern over the lack of specificity of the building design characteristics and noted this could have an impact on the character of the neighborhood. Laura Spurgeon re-iterated that the structure design will be in accordance with the Land Development Code standards with the maximum intensity allowed. She noted that the project is 2-3 years away from completion and the level of detail requested is not available. Mr. Horn expressed concern of the lack of general building footprints. Bill Lorenz stated that the Petition review should focus on the environmental impacts and some of the questions require more detail than required at this level. Mr. Penniman moved to deny the Petition on the basis of the fact this is 78 percent existing wetland and intense development of such uncertain specifications being put on here is probably not the appropriate way to develop this kind of land. In addition has huge questions over Mr. Bishof's concerns regarding the wetlands. Second by Mr. Jacobsen Patrick White stated the Petition meets the threshold of what they were to demonstrate to the Council, and is inappropriate to go afield and raise inquiries that they don't have the answers for at this time. He stated if they have concerns over the process they should change the process. The project meets the requirements for approval and the Committee has asked for a level of detail they are not required to provide. He askedfor a reconsideration of the motion. Mr. Bishof asked if the Petition would come back before the Council at a future date with more detailed information. Summer Araque noted that it would not come back to the Council, if approved it will be forwarded to the Planning Commission for the Site Development Plan Process. Motion carried 7-1. Chairman Hughes voted no. C. Commercial Planned Unit Development CPUD-2005AR-9127 "Myrtle Woods CPUD" 9 November 7,2007 Section 29, Township 50 South, Range 26 East The presenters were sworn in. Dwight Nadeu, Planning Manager for RW A, Inc. representing the applicant provided a brief overview of the property indicating it is a 7.0 +/- acre property located at the intersection of US 41 and Myrtle Lane and proposed for rezone from PUD and C-4 to CPUD. · The use will be solely for commercial use, maximum of 61 ,000 sq. ft. · The site is primarily pioneering vegetation and there is a small wetland on the property which Staff has accepted as the required preserve area · An endangered species survey indicated a Gopher Tortoise residing in a more upland area of the project. Ray Ashton, County Gopher Tortoise expert, was contacted for an opinion if the Gopher Tortoise could reside long term in the 1 acre preserve. Mr. Ashton indicated it could reside in this location but after more investigation Staff determined this was not a viable option and that the Gopher Tortoise should be relocated off site. The applicant has agreed to re-locate the tortoise · Local traffic on Myrtle Lane will be re-routed through the development area · The project is instrumental in the Lely Area Stormwater Improvement Project by assisting in correcting the regional drainage patterns · A groundwater recharge and well site has been provided in the Southeast corner of the project for distribution throughout the County. An easement for the area will be provided to the County · A neighborhood information meeting was conducted Mr. Penniman left the meeting at 1/:42A.M Mr. Miller asked if the re-routing of Myrtle Lane traffic is via a right-of-way or an easement. Dwight Nadeau responded it is a dedicated easement with a traffic separator from the development. Dr. Williams if the sanitary sewer area has been subject to periods of historic flooding. Dwight Nadeau responded that he has no record of flooding; the lift stations are property of Collier County and would have to contact the Utilities Division. The stormwater drainage design will ensure adequate removal of stormwater to the existing and proposed infrastructure. Mr. Bishof asked if the re-location site for the Gopher Tortoise has been determined. Jason Hunt, of Passer ell a & Assoc., Inc. stated the site has not been determined. Chris D' Arco, of Environmental Services stated Staff recommends approval of the re-zone with the following conditions: 10 November 7, 2007 . An FWCC relocation permit shall be obtained for relocation of one Gopher Tortoise found on site prior to commencement of any construction activities and a copy shall be forwarded to Environmental Services Staff and a report provided to the Staff · Provide a report to the Environmental Services staff on the results of the relocation of the gopher tortoise within thirty days of relocation. Provide the number of burrows excavated, the number of tortoises relocated, and the final relocation site . A copy of the results of the SFWMD jurisdictional determination shall be forwarded to the County Staff upon its issuance Dr. Williams moved to accept to the Petition subject to the given the stipulation subjects of the Gopher Tortoise removal. Second by Mr. Jacobsen. Motion carried unanimously7-0. Break: 12:02AM Reconvene: l:OOPAI E. CPSP-2005-16, Comprehensive Plan amendment petition requesting amendment to the Transportation Element to add new policies providing for Thoroughfare Corridor Protection Plans Nick Casalanguida, Transportation Planning Director presented the "CSP-2005- 15 Environmental Staff Report Meeting 11/7/07" for Thoroughfare and Protection Plans and reviewed the proposed changes. Dr. Williams noted that language on page #1, Policy 3.5 Introduction should contain the language, "consistent with State Comprehensive Plan". Mr. Miller noted the document should utilize consistent wording in rights-of- ways, right of way, etc. Mr. Jacobsen moved to approve the Petition. Second by Mr. Williams. Carried unanimously 7-0. D. CPSP-2005-14, Comprehensive Plan amendment petition requesting amendments to the Future Land Use Map and map series to re-designate Rural Fringe Mixed Use District Sending Land to either Receiving Lands or Neutral Lands for twenty properties comprising 283 +/- acres. David Weeks, Planning Manager presented "CSP-2005-l4 Environmental Advisory Council Staff report meeting of 11/7/07" for re-designated Rural Fringe Mixed Use Districts and reviewed the proposed changes. He requested a motion to approve the staff recommendation in the re-designation of the parcels as follows: · parcels 1,2,91,92 from sending lands to receiving lands . 36-41, 95 from sending lands to neutral lands II November 7,2007 . 96 from sending lands to neutral lands with the exception of the southeasterly 3.7 +/- acres He further requested that parcels 3-10 remain as sending lands and not be re- designated. Mr. Penniman returned at 1:18PM Speakers Nancy Payton of the Florida Wildlife Federation submitted a letter to the Council supporting the Staffrecommendations and parcels 3-10 remain as sending lands. Mr. Jacobsen moved to accept the proposal by Mr. Weeks with his caveats. Second by Mr. Horn. Carried unanimously 8-0. F. CPSP-2005-16, Comprehensive Plan amendment petition requesting amendments to the Future Land Use Map series map titled Collier County Wellhead Protection Areas, Proposed Wellfields and ASRs Map. David Weeks, Planning Manager presented to the Council "CSP-2005-l6 Environmental Advisory Council Staff Report of meeting 11107/07". He also provided an overview of the well field protection zone maps with regulatory requirements within this area. These maps contain zones of control. A technical report prepared by the Pollution Control Report was the basis for the designations. These maps are available at a larger scale on the zoning maps. Chairman Hughes asked Ray Smith of the Pollution Control Department to review any perceived threats to the groundwater quality within the County. Ray Smith of the Pollution Control Department reviewed the procedure utilized in developing the maps which included contacting the Utility Companies and incorporating their existing sources and demands into the maps. The land uses for potential pollution sources are either prohibited or monitored annually (gas stations, hazardous waste generators, etc.) to make sure the materials are handled appropriately. These do not include generic commercial or residential uses. He noted the well fields are deep and protected in most cases from general uses by a confining layer of soil. Chairman Hughes asked whether excavations or mining are regulated to the extent necessary to protect the groundwater resources. Ray Smith noted that Collier County and the Federal Government regulate mining activities to ensure protection of water quality. Chairman Hughes suggested excavation permits be required in these protection zones. Bill Lorenz, Director of Environmental Services noted that excavations are not allowed to penetrate below the confining layer. The Groundwater Protection Ordinance does address excavations in these zones. 12 November 7, 2007 Chairman Hughes moved to accept the presentation with the caveat the Planning Commission consider additional regulation pertinent to excavation permits the first two zones from the wellhead. Second by Mr. Horn. Carried unanimously 8-0. VII. New Business A. Pesticide/herbicide testing in ground water and Sodium in GGE wells - Ray Smith, Rob Ward and Rhonda Watkins of Pollution Control Continued B. Recommendation to the BCC on Watershed Basin Priorities-Mac Hatcher of Environmental Services Department Break: 1:48PM Re-convene 2:04PM Mac Hatcher of Engineering and Environmental Services Department presented the "Watershed Management Plans Prioritization Discussion for EAC Recommendations" to the Council. The Council viewed a Power Presentation on the Priorities. Mr. Miller asked how the information will be utilized. Mr. Hatcher stated it will be utilized in Growth Management Planning and help define goals for watershed management. Bill Lorenz, Director of Environmental Services, noted that 2006 Evaluation and Appraisal Report Growth Management Plan (GMP) required prioritization of Watershed Management Plans to be completed by January 2008 with the Watershed Management Plans to be completed by 2010 and address 4 elements: . Water Quality . Flood Control . Natural Systems (wetlands, listed species) . Water Supply Mr. Penniman moved to recommend to the Board of County Commissioners the thoughtful, constructive and timely analysis by the Environmental Service's Department recommendation on prioritization of the Watersheds of Collier County. Second by Mr. Jacobsen. Carried unanimously 8-0. VIII. Old Business A. Update members on projects Susan Mason noted the Board of County Commissioners denied the Fawzy Application. IX. Subcommittee Reports 13 November 7, 2007 None X. Staff Comments A. Susan Mason asked if Council members would like to establish Collier County e- mail addresses for Council business. All members were in approval with the exception ofMr. Sorrell due to technical issues. The Council determined that the addresses could be forwarded to Rookery Bay Reserve as requested. B. Redundant stipulations - The CCPC is requesting to not require redundant stipulations or items in the PUD documents. Susan Mason noted the Planning Commission's request to eliminate redundant information (i.e. LDC requirements) in their motions. XI. Council Member Comments Mr. Penniman requested clarification on Chairman Hughes "no" vote on item VlB, Brandon RPUD. Chairman Hughes responded that the "no" vote was based on arguments heard that were not in the Environmental Advisory Council's purveyance. In his opinion, an argument such as building design specifications are acceptable if it is truly an environmental concern, not a building design consideration regulated by another body. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 2:50 PM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes These Minutes were approved by the Board/Chairman on as presented , or as amended 14