Loading...
EAC Minutes 03/5-6/2008 R March 5-6, 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, March 5-6, 2008 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 Building "F" of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: William Hughes VICE CHAIRMAN: Dr. Judith Hushon Roger Jacobsen David Bishof Nick Penniman Dr. L1ew Williams Allison D. Megrath Lee Horn Michael Sorrell (excused) ALSO PRESENT: Jeff Wright, Assistant County Attorney Susan Mason, Principal Environmental Specialist Stan Chrzanowski, PE, Planning Review Summer Brown-Araque, Sr. Environmental Specialist Bill Lorenz, Environmental Services Director Stephen Lenberger, Sr. Environmental Specialist Claudia Piotrowicz, Environmental Specialist ENVIRONMENTAL ADVISORY COUNCil AGENDA DAY2: 9:00 A.M. March 6, 20011 Community Development, 2800 N Horseshoe Drive, Room 6091610 I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of January 7, 2008 meeting minutes - First Mailing V. Upcoming Environmental Advisory Council Absences VI. land Use Petitions A. Commercial Planned Unit Development No. PUDZ-2006-AR-1 0875 - First Mailing Tamiami Crossing CPUD Section 3, Township 51 South, Range 26 East B. Conditional Use No. CU-2006-AR-9337 STAFF REPORT TO ARRIVE UNDER SEPARATE COVER-DUE TO ARRIVE BY FEB. 27 South Grove Lake CU Sections 17 and 18, Township 48 South, Range 29 East C. Excavation Permit No. EXP-2007-AR-11983 South Grove Lake EXP Sections 17 and 18, Township 48 South, Range 29 East D. Plat and Plans PPL-2004-AR-6476 City Gate Commerce Center Phase Two Section 35, Township 49, Range 26 VII. New Business (A-C. shllll be heard atg:OO,a.l'!'l. ,i:1I'1 Matllh 6) A. 5 year review of the RLSA by the Comprehensive Planning Dept. Phase I (1-2 hours) - Tom Greenwood First Mailing B. Lake Trafford Ranch (CP-2006-9), Planner: David Weeks C. Half Circle L Ranch (CP-2006-10), Planner: David Weeks VIII. Old Business A. Update members on projects IX. Subcommittee Reports X. Staff Comments A. RLSA projects to be heard before EAC- Bill Lorenz B. Suggest EAC cite LDC & GMP when giving recommendations for denial C. Attendance - Please be available for the entire day of the meeting XI. Council Member Comments XII. Public Comments XIII. Adjournment ****************************************************************************************************************************** Council MElmbers: ,PI,~Clsen()~,ifyg,~l11l11er A.~a9ue. Environmental Services Senior Environmental 50ecialist no later than 5:00o;m,onWednesdav.FebruarY27,:.2008 if yOU cannot attend this meetina or if vou have a conflict and will abstain from votina on a Detition 1252-62901. 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. March 5-6, 2008 I. Call to Order The meeting was called to order by Chairman Hughes at 9:00AM. II. Call Roll Roll call was taken and a quorum was established. III. Approval of Agenda Mr. Penniman voiced concern over the location of the Rural Land Presentation scheduled for March 6, 2008 at Horseshoe Drive and wished to ensure that the Phase II Presentation in November, 2008 is scheduled in the Board of County Commissioner's Chambers with access to a livc television broadcast. Summer Brown Araque, Sf. Environmental Specialist noted the meeting is scheduled for the room; however there are times when the Environmental Advisory Council is re-located from the Chambers due to scheduling conflicts. The March 6 Meeting at Horseshoe Drive will be filmed and broadcast on television. The Board noted that all attempts should be made to ensure that any Environmental Advisory Council Meetings are broadcast live. Mr. Penniman moved to approve the agenda. Second by Ms. Megrath. Carried unanimously 8-0. IV. Approval of January 7, 2008 meeting minutes Dr. Hushon moved to approve the minutes subject to the following corrections: Page 4, line 7 - "for a periodic time while" to "for a period of time while" Page 3 item B. paragraph 5, Dr. Hushon comment, line 2 - from "the site is in the area of the proposed lake which will require excavation for construction" to "the site is slated to be residential and that these contaminants require excavation before construction. " Motion, Page 4, paragraph 7, line #3 - from "and if possible, the County" to "and if required, the County" Second by Dr. Williams. Carried unanimously 8-0. V. Upcoming Environmental Advisory Council Absences Dr. Hushon will not be present for the April meeting Dr. Williams will not be present for the July meeting. VI. Land Use Petitions A. Commercial Planned Unit Development No. PUDZ-2006-AR-I0875 Tamiami Crossing CPUD Section 3, Township 51 South, Range 26 East The presenters were sworn in Kim Schlachta of Boylan Environmental Consultants, Inc. provided a brief overview of the project noting the following: 2 March 5-6, 2008 . It is located at the intersection of US 41 and Collier Blvd. with Wal-Mart located to the South . A majority of the land is forested with some small disturbed areas and open land . It contains 13.86 acres of jurisdictional wetlands with mitigation being finalized on the wetland impacts; 1.27 acres will be preserved on site with the remaining being mitigated offsite . A protective species survey has been conducted with no listed species identified, a management plan has been provided for listed plants species that were identified on-site . The preserve area meets all Collier County standards and requirements . There are no outstanding issues with the Collier County Staff A discussion ensued regarding stormwater treatment and the Council requested an overview of the Stormwater Treatment System. Michael Herrera of Q. Grady Minor & Assoc. noted that there is a dry retention area located along the perimeter of the wetlands consisting of a swale and berm. There is y, inch of dry pretreatment prior to discharge into the wet detention system. The wet detention system will subsequently discharge into the wetland preserve. The system will be designed to provide the required 150 percent volume of wet detention treatment as proposed in the Land Development Code amendment. It was noted that South Florida Water Management District is enforcing this requirement. Mr. Bishof noted the controlling elevation provided in the Environmental Impact Statement IS of the wetland is 4.9' and the controlling elevation of the wet detention system is 4.1 '. Kim Sehlaehta of Boylan Environmental Consultants, Ine noted that the controlling elevation of 4.1' was an error and the actual wet detention control elevation is 4.9'. This elevation (4.9') is the elevation provided in the submittal to South Florida Water Management District. It was noted that the 4.1' control elevation is the control elevation of the Artesia Pointe wetland to the South which is adjacent to this wetland. Based on the elevations provided, the Council raised a concern regarding the possibility that the proposed preserve area may drain into the adjacent preserve thereby draining the proposed preserve. The Council requested clarification if it would be allowable for the Council to stipulate that the control elevation of the wetland detention system be at 4.9' or above. Jeff Wright Assistant County Attorney cited 8.06.03.0.2 of the Land Development Code noting "The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMDj, 3 March 5-6, 2008 are exempt from review by the EA e", however he stated issues such as storm water entering preserves and the future health and hydrology of wetlands are within the purview of the Council and this type of stipulation would be acceptable. The discussion continued regarding the possible impacts of this development on the Artesia Pointe wetland area and how the 4.1 ' elevation of this preserve was established. Michael Herrera noted that this elevation was determined via a biological indicator and determined in a previous application for the Artesia Pointe PUD. Mr. Bishofmoved to approve the Petition stipulating that the Storm water Management System be required to discharge at 4.9' NGVD or higher; that the Council has concerns over the water discharges into the adjoining Artesia Pointe Preserve and there may be impacts (on this preserve) and that the applicant be subject to the stipulations in the Staff Report. Second by Mr. Jacobsen. Mr. Penniman questioned whether the application should be recessed to request information on any concerns Artesia Pointe, may have regarding the wetland. Richard D. Yovanovich, Attorney for the applicant noted that Artesia Pointe has had ample opportunity through legal notifications, neighborhood meetings, etc. to address any concerns and have not come forward. The applicant is acceptable to the 4.9' elevation stipulation. Speakers Nancy Payton of Florida Wildlife Federation noted that the applicant has not provided details on the off site mitigation for the wetland and there is nothing in the documents that address possible Florida Panther habitat impacts from the developments. Shc did acknowledge that the site is not located in the "Primary Zone", but may abut a Primary or Secondary zone. The Council noted that the Florida Panther is a concern; however no listed species were found on site. Richard D. Y ovanovich, Attorney for the applicant noted that any Florida Panther issues will be addressed during the required Army Corp. of Engineers review process. Stephen Lenberger, Sr. Environmental Specialist stated that Staff recommends approval of the project subject to the stipulations in the Staff Report. Carried unanimously 8-0. Break: 10:17 A.M. Re-convened: 10:30 A.M. 4 March 5-6, 2008 B. Conditional Use No. CU-2006-AR-9337 South Grove Lake CD Section 17 and 18, Township 48 South, Range 29 East C. Excavation Permit No. EXP -2007-AR-11983 South Grove Lake EXP Sections 17 and 18, Township 48 South, Range 29 East The presenters were sworn in It was noted that the applications will be combined for presentation purposes, but voted on in separate motions. Further, the Excavation pernlit application will be forwarded to the Board of County Commissioners for approval while the Conditional Use application will be forwarded to the Planning Commission for approval. George Varnadoe of Cheffy, Passidomo, Wilson & Johnson, LLP, attorney for the applicant provided an overview of the project noting the following: . It is located in the Rural Lands Stewardship Area on the North side of Oil Well Road and zoned Agricultural . The conditional use property extends into a Habitat Stewardship Area . It abuts Ava Maria to the North, Camp Keais Strand is to the West . The Petition is for the excavation and construction of 2 lakcs; the West lake of 4 l.6 acres and the East Lakc of 89.4 acres. . The lakes will provide water for agricultural use and drainage treatment of storm water from Oil Well Road . The lakes will bc excavated to a maximum depth of 35 feet from grade, the same depth as the lakes in Ava Maria . The excavation will provide fill for the Oil Well Road Project, but in absence of this project the construction of the lakes will still be completed . There is a secondary access to Ava Maria between the two proposed lakes Bruce Johnson of Wilson Miller continued the overview regarding the Habitat Restoration Area aspects of the project noting the following: . There are 3 goals in the restoration, Provision of a Florida Panther Crossing; Wading Bird Habitat Restoration and provision of improved drainage to Camp Keais proper by breaching an existing berm between the property and Camp Keais Slough . It will include some forested restoration areas with the wading bird restoration area abutting the west lake . The side slope ofthc proposed lake in this area will be 8:1 (adjacent to the Habitat Stewardship Area) . No contaminants were found in the area of the application creating an Environmental concern 5 March 5-6, 200S Chairman Hughes noted that there are existing wells in the area of cxcavation that should be abandoned and sealed off to a depth of35 feet (the elevation at the bottom of the lakes) to prevent surface water contaminants from entering the aquifers. Thomas Jones of Barron Collier Company agreed with this requirement and noted it is a requirement of the South Florida Water Management District permit. Chairman Hughes also recommended any wells not currently in use of the property be capped. George Varnadoe continued the presentation noting: . Minimal blasting will be required to complete the project . DEP and Army Corp. permits are in place . The Restoration Plan has been approved by the County . United States Fish and Wildlife Service mitigation issues will be addressed in the Oil Well Road improvement approvals . If the Oil Well project does not proceed, the Petition will still require approval by the United States Fish and Wildlife . The applicant is in agreement with the recommendations included in the Staff Report . Should the littoral shelf on the West lake not occur naturally with in 2 years, it will be physically completed by the Petitioner A discussion ensued regarding the indexing requirements for the Habitat Stewardship areas and the scoring therein in relation to Panther Habitat and land uses. Bruce Johnson noted that the scoring system has been previously established by the County via a rigorous review process. Claudia Piotrowicz, Environmental Specialist stated that Staff recommends approval of the applications noting that the mitigation plan to compensate panther habitat has to be approved by the United States Fish and Wildlife Service. Speakers Nancy Payton of Florida Wildlife Federation recommended approval of the Petitions. Mr. Jacobsen moved that Conditional Use No. CU-2006-AR-9937 for South Grove Lake EXP is approved subject to the following: 1. That the Petitioner comply with all recommendations in the Staff Report 2. Any wells within the excavation area be plugged with concrete to a depth of35' (plugged to the bottom elevation of the lake) Second by Ms. Megrath. Carried unanimously 8-0. 6 March 5-6, 2008 Mr. Jacobsen moved to approve Excavation Permit #EXP-2007-AR-11983, South Grove Lake, EXP based on the Staff Report. Second by Ms. Megrath. Carried unanimously 8-0. Break - 11 :40 AM Re-convened - 12:45 PM (Mr. Horn did not return) D. Plat and Plans PPL-2004-AR-6476 City Gate Commerce Center Phase Two Section 35, Township 49, Range 26 It was disclosed that Council Members Bishof, Megrath and Hushon toured the site. The presenters were sworn in Roger Rice, Attorney for the applicant provided a brief overview of the project noting the following: . The Application is for Phase 2 of the City Gate Plat; Phase I was previously approved in 2004 . A document entitled "City Gate Environmental Impact Statement Volume I and 2", dated December 17, 2007 has been prepared for the application . It is located on the Northeast side of the 1-75 Collier Blvd interchange . Estimates of 4605 jobs created; 173 million dollars of annual direct impact and 738 million overall annual economic impact . The applicant has developed Habitat Conservation Plans for mitigating the impacts on the Red Cockaded Woodpecker and Florida Panther Habitat . There are also Indigo Snake Protection Plans and Big Cypress Fox Squirrel Management Plans prepared for the site . A Relocation Proposal and Habitat Management Plan for a recipient site for the Gopher Tortoise has been prepared . The applicant agrees with all recommendations in the Staff Report Roger Rice stated that Roy DeLotelle will speak on the Red Cockaded Woodpecker (RCW) Habitat Conservation Plan (HCP); Tom Logan will speak on the Florida Panther HCP and Ray Ashtan will speak on the Gopher Tortoise Management Plan. Roy DeLotelle of DeLotelle and Guthrie, Inc. provided a Power Point presentation on the Red Cockaded Woodpecker (RCW) strategy for the City Gate parcel noting the following: . City Gate property owners have been instrumental in maintaining the existing RCW's located on their property which were first identified in 1987 7 March 5-6, 200S . The primary mitigation consists of restorations of old growth pine forest and other habitats in the Northern Picayune Strand State Forcst, a parcel located on Sabal Palm Road and a parcel in North Belle Meade . The mitigation also involves the relocation of birds from the City Gate property to acceptable habitat areas Tom Logan of Breedlove, Dennis & Assoc., Inc. provided a Power Point presentation on the Florida Panther strategy for the City Gate application noting the following: . The property is located in the primary habitat zone for Florida Panther identified by the United States Fish and Wildlife Service . The mitigation proposed is primarily the funding of construction of a wildlife crossing with fencing on CR846 east of lmmokalee . The mitigation involves primarily funding a study completed by Dr. Reed Noss from the University of Central Florida to evaluate and identify other priority roadways requiring crossings within Collier County . The importance of genetic diversity of the Florida Panther; this has been assisted by the introduction oflimited numbers of female Texas Cougars (a species that has been genetically linked to the Florida Panther) into the population . The Florida Panther is a sub-species of the Mountain Lion; sub-species are incorporated in the Endangered Species Act for protection . The important factors in habitat include movement corridors, buffers, food supplies, impact reproduction rates, etc. . Higher numbers of male Panthers than females are produced and survive to adulthood . Panther crossings are critical, any loss to a female panther (natural or man induced) has a negative effect on the continuation of the population . Panther telemetry points and accident reports assist in developing locations of proposed crossings . The crossing proposed is for the existing 2 lane roadway, constructed at no public expense; this will not only aid the panther, but public safety as well For future planning purposes, a discussion ensued whether the crossing should be constructed for a 4 lane wide highway, in the event this road is widened in the future. It was noted that the lmmokalee Master Plan and Visioning Committee, among others, have identified the area north and east of lmmokalee as an area for future growth. A discussion ensued on who will be responsible for future maintenance of the crossing. It was noted that the various transportation agencies that control the site are responsible for maintaining the crossings once constructed. Break - 2:24 PM Re-convened - 2:34 PM S March 5-6, 2008 Ray Ashton of Ashton, Ashton and Associates, Inc. addressed the Council on the Gopher Tortoise Relocation Proposal and Management Plan noting the following: . 6 of7 of the known tortoises were re-Iocated from the site; 1 was left behind for health reasons . The burrows indicated no other signs of other types of life other than the tortoise (spiders, insects, etc.), he noted this is a recent alarming trend in suburban burrows and needs investigating . The habitat on the site is not considered high quality Gopher Tortoise Habitat . High quality habitat is required to promote reproduction of the tortoises . Donation and acquisitions, etc., of conservation land is needed however, once the land becomes conservation land it needs to be maintained at an expense; funding sources should be identified and cnhanced in this area The Council noted that any reports on the results of the Gopher Tortoise relocations are required to be submitted to Environmental Services as provided in Recommendation #5 of the Staff Report. Ray Ashton stated he would verify if they have been provided and ifnot he will do so. A discussion ensued regarding the proposal, noting control elevations for the stormwater drainage treatment areas, Phase I vs. Phase II. Roger Rice noted that the control elevation for Phase I is 7.5' and Phase II is 8.5' and the stormwater systems are independent of each other. Phase II and III treatment systems will be merged together. A discussion ensued regarding the development impacts on the existing water quality of Golden Gate Canal. Roger Rice noted that most of Phase II will not require any fertilizer usage, (other than a small portion around the buildings) creating very little runoff into the canal. Further, stormwater will be pre-treated before entering the canal. A discussion ensued regarding which wetlands on site are impacted with this application. Jeremy Sterk of Davidson Engineering noted that they are in the process in mitigating all the wetlands on site (including Phase III) through the South Florida Water Management District with appropriate mitigation measures completed. The mitigation plan includes parcels that are located off site with an endowment provided for inspections and ma; ntenance. Speakers 9 March 5-6, 200S Nancy Payton of Florida Wildlife Federation acknowledged the contributions of the applicant in protecting the species recognized and recommended approval of the project. Dr. Hushon thanked the group for their diligence in dealing with the issues and encouraged the adjacent property owners (Collier County Landfill, etc.) to follow the same degree of care when dealing with these issues and take advantage of any scienti fic data produced in these studies if applicable. Mr. Hughes moved to accept the application subject to the Staff stipulations. Second by Mr. Penniman. Carried unanimously 7-0. VII. New Business (A-C. shall be heard at 9:00 AM on March 6) VIII. Old Business A. Update members on projects Mr. Penniman requested clarification on members storing meeting information at their home or office. Jeff Wright, Assistant County Attorney, advised the members preserve the documents and if necessary, that a member should contact Staff for retrieval of the documents. Staff will then file any necessary documents. Susan Mason stated the Board of County Commissioners approved the New Hope Ministries application 5-0. IX. Sub-Committee Reports None X. Staff Comments A. RLSA project to be heard before EAC - Bill Lorenz Bill Lorenz Environmental Service Director appeared before the Council, seeking clarification on the motion from the last meeting that the Council requests in regards to reviewing Rural Land Stewardship Area Projects (RLSA). Specifically, if they wish to review all applications or certain applications. Currently, the Land Development Code states that only Environmental Advisory Council (EAC) reviews are required, when properties abut conservation lands or any developments characterized as a Development of Regional Impact. Further, Stewardship Sending Areas are an administrative process that is voluntary by the landowner with very little public hearing input. The scoring utilized for an application is reviewed and field checked by Staff. Staff would like direction on this issue. 10 March 5-6, 200S The Council noted the process allows the EAC to provide a letter to the Board of County Commissioners and request to review any application it deems necessary. It was determined that Staff should provide a list of proposed RLSA applications to the Council and the Council would notify Staff if it wishes to review a particular proj cct. Jeff Wright, Assistant Connty Attorney stated that projects would currently be reviewed on a case by case basis other than those identified in Section 4.0S.07(F) (1) (a) of the Land Development Code, which states that "The EAC shall hold one (1) public hearing on a proposed resolution to designate an SRA if such SRA is within the ACSC, or is adjoining land designated as Conscrvation, FSA, or HSA." Susan Mason noted that a new agenda item may be added under new business; providing a list of any applications proposed along with some minimum facts of the application (location, size, etc.). Ifit is determined to review an individual project, the Council will provide notifications to the propcr parties. This issue will be taken up for formal action at tomorrows meeting. B. Suggest EAC cite LDC (Land Development Code) and GMP (Growth Management Plan) when giving recommendation for denial. The Council recognized this request. C. Attendance - Please be available for the entire day of the meeting Ms. Megrath moved to recess the meeting and re-adjourn at 9:00 AM, Wednesday March 6, 2008. Second by Mr. Jacobsen. Carried unanimously 7-0. VIII. New Business (A-C. shall be heard at 9:00 AM on March 6) Environmental Advisory Council Community Development & Environmental Services Division 2800 Horseshoe Drive - Meeting Room 609/610 9:00 A.M. - March 6, 2008 The meeting was called to order at 9:00 A.M. by Vice Chairman Dr. Hushon with the following EAC members present: Chairman William Hughes, Vice Chairman Dr. Judith Hushon, Nick Penniman, Dr. Llew Williams, Michael Sorrell and David Bishof Roll call was taken and a quorum established A. 5 Year review of the RLSA by the Comprehensive Planning Dept. Phase I (1-2 hours) - Tom Greenwood II March 5-6, 200S Tom Greenwood provided a document entitled "Rural Lands Stewardship Area Review Committee - Members, Meetings, and Schedule" for review by the Council. He noted the purpose of the meeting is to review the Rural Lands Stewardship Area Five-Year Review, Phase I, Technical Review. This Technical Review requires Environmental Advisory Council Approval. Please note that Tom Greenwood provided a subagendum for this topic I. Introduction (RSLA Review Committee members, County Staff and schedule for reviews) Tom Greenwood provided an overview of the Agenda and noted that the following Rural Lands Stewardship Review Committee members were present: Neno Spagna (Vice-chair), Brad Cornell, David Farmer, and Bill McDaniel. II. Overview of RSLA Overlay The Council viewed a Power Point presentation originally presented on December 4,2007. III. Proposed Town of Big Cypress No discussion IV. Goals of the RLS Area Overlay Tom Greenwood reviewed the Goals of the Rural Land Stewardship Area as follows: I. To protect agricultural activities, to prevent the premature conversion of agricultural land to non-agricultural uses. 2. To direct incompatible uses away from wetlands and upland habitat. 3. To enable the conversion of rural land to other uses in appropriate locations. 4. To discourage urban sprawl, and to encourage development that utilizes creative land use planning techniques. He noted that the purpose of the Rural Lands Stewardship Review Committee is to determine if the program is meeting these goals and recommend any changes if necessary. V. Five Year Review (Policy 1.22) The review is required under Growth Management Plan FLUE RSLA 1.22. VI. Review of Phase 1 Technical Review It was noted that the program is voluntary for landowners and any lands not within the program are subject to the Land Development Code regulations in place. 12 March 5-6, 2008 It was noted that the Collier County Rural Lands Stewardship program is "grandfathered" by the Florida Community Development Agency, as the State Statutes governing these programs were adopted after the programs initiation. Any amendments to the program may require review by the Florida Community Development Agency. Legal services are reviewing this issue. The Council review Technical Review on a page by page basis. It was approved by the Rural Lands Stewardship Committee on February 7,2008. The following points were raised. I) Page 3, the definition ofa Water Retention Area, line 2, "provide surface water quality" should be re-worded to state "provide enhanced surface water quality" or a similar terminology. 2) Page 4, the Council noted it is important to ensure that the applicants and reviewers are utilizing the most recent data provided in any area of purview (watershed planning, wildlife maps, etc.) Mac Hatcher, Sr. Environmental Specialist noted that the applicants and reviewers are under the obligation to utilize the most recent data available. 3) Page 8, the Council requested clarification on the sun-setting date of the early entry credit bonus. Tom Greenwood will provide the date to the Council. A discussion ensued if there is an estimate of the area that could be developed for "urban uses" if all the Sending Area land rights were removed (the maximum percentage ofland that would be able to be developed in Receiving Areas). Russell Priddy, landowner stated that thc emphasis should be on determining the quantity of land wanted to be preserved and build the program on this concept, not how much land could be developed. Also, the biggest assurance for the program to succeed is having the demand for the credits. In addition, he cautioned that the sending area concept is a volunteer program and it not be "over regulated" so a landowner will not volunteer the land for conservation. He also noted that a majority of landowners would most likely not remove all layers of the land use. 4) Page 13, the Council noted that Table I: Data Sets and Publications Obtained for Use in the Immokalee Area Study submitted separately for review should bc referenced in item #3 and included in the Appendix. The Council noted a concluding paragraph ending Phase I of the Review and moving into Phase 2 of the review should be included in the report. Mr. Bishof arrived at 10:20 AM 13 March 5-6, 200S VII. Request for Environmental Advisory Council Approval A discussion ensued on the concept of incorporating a statement into the report that the best available data should be utilized in project reviews. Russell Priddy, landowner recommended that this issue needs to be addressed in the Phase 2 aspect of the review, which will address changes as the program goes forward. The purpose of this report is to provide information on the technical data of the review process. Mr. Penniman moved to accept, with gratitude the Report of Phase I prepared by the Rural Lands Stewardship Review Committee subject to the following recommendations: 1. Page 3, The definition of a Water Retention Area, line 2, "provide surface water quality" should be re-worded to state "provide enhanced surface water quality" or a similar terminology 2. That "Table 1: Data Sets and Publications Obtained for Use in the lmmokalee Area Study" be referenced in item #3 and included in an Appendix. 3. That a brief concluding paragraph be added at the end that takes the Phase I technical review to the Phase II process. Second by Mr. Hughes. Carried unanimously 6-0. It was noted that any members that have recommendations for the Phase II portion of the review email TomGreenwoodatThomasgreenwood@colliergov.net Break 10:35 AM Re-convened 10:55 AM Mr. Williams did not return B. Lake Trafford Ranch (CP-2006-9), Planner: David Weeks Robert Duane, agent for the Petitioner provided an overview of the Growth Management Plan Amendment noting that it was submitted in April of2006 and requested the change of designation of a portion (191.S acres) of the property from Open Lands to Habit StewardshipArea. The area immediately adjacent to this portion of the property requested is Habitat Stewardship Area and it should have been included in this designation originally. The applicant is willing to comply with the recommendations in the Staff Report. Tom Taylor, landowner stated that this application runs parallel to the subsequent possible acquisition of the entire property by Conservation Collier. If this re- designation creates an issue with the pending appraisal for the Conservation Collier process, it will be withdrawn. At this point, they wish to let the 14 March 5-6, 2008 application run its legal course. No development rights have been removed from this portion of the property. David Weeks, Comprehensive Planning Manager stated staff recommends approval of the request, noting that the property is currently in a Stewardship Sending Area. Mr. Penniman moved to approve the Petition andfonvard it to the Planning Commission subject to the recommendations in the Staff Report. Second by Mr. Hughes. Carried unanimously 5-0. C. Half Circle L Ranch (Cp-2006-10), Planner: David Weeks Robert Duane, agent for the Petitioner provided a brief overview of the property noted that it is located in northeastern Collier County and the application is to re-designate approximately 2400 acres of Open Lands to Habitat Stewardship areas. The area is critical habitat for endangered species. A portion of the property is in the Rural Lands Stewardship Area program as a Sending Area. The recommendations in the Staff report are acceptable to the Petitioner. Dane Scofield provided a brief overview on the history of the property and noted there was a contract to purchase the Rural Land Sending Area credits but it fell through. David Weeks, Comprehensive Planning Manager stated staff recommends approval of the request. He noted a correction in the Staff Report, Page 5 states that the property is in SSA #6; it should state the property is in SSA #8. Mr. Hughes moved to approve the Petition and forward it to the Planning Commission subject to the recommendations and correction to the Staff Report. Second by Mr. Penniman. Carried unanimously 5-0. X. Staff Comments A. Continuation - RLSA projects to be heard by EAC - Bill Lorenz Mr. Penniman moved to direct Chairman Hughes to write a letter to the Board of County Commissioners requesting that the Environmental Advisory Council receive all SRA applications for review and comment. Second by Mr. Sorrell. Carried unanimously 5-0. XI. Council Member Comments Dr. Hushon noted that she has been attending the RLSA Review Committee meetings, the next one is April 1, 2008 and she cannot attend and requested, if possible, any member attend and provided any necessary input. The Council requested staff to schedule Bill Lorenz, Environmental Services Director for a presentation on the Natural Resource Index requirements in the RLSA program. 15 March 5-6, 2008 Chairman Hughes thanked the Board of County Commissioners, as well as state legislators for their increasing awareness of environmental issues and the costs associated with these issues, including water quality issues. Further, to ensure the citizens of the County are being protected, he requested Staff generate a report pertinent to Go]den Gate City and the water alerts (boil water alerts) occurring in this region. Specifically, the location and reason for the alerts. Mr. Sorrell noted the large number of persons residing within a particular single family residence or duplexes in the Golden Gate Regions. The septic systems serving these structures have been designed for a specific number of individuals (and related gallons per day) and expressed a concern over the possible failure of the septic systems, caused by the overloading of the systems serving these structures. XII. 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 11:40 AM. COLLIER COUNTY ENVIRONMENT AL ADVISORY COUNCIL Chairman, William Hughes These Minutes were approved by the Board/Chairman on as presented , or as amended ]6