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EAC Minutes 02/04/2009 R February 4,2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, February 4,2009 LET IT BE REMEMBERED, that the Collier County Environmental Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION at Building "F" of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: William Hughes VICE CHAIRMAN: Dr. Judith Hushon Noah Standridge David Bishof Nick Penniman Michael V. Sorrell Dr. Llew Williams Quin Kurth (Excused) Ninon Rynerson ALSO PRESENT: Steve Williams, Assistant County Attorney Susan Mason, Principal Environmental Specialist Stan Chrzanowski, PE, Engineering Manager Summer Araque, Sr. Environmentalist Specialist Chris D' Arco, Environmental Specialist Stephen Lenberger, Sr. Environmental Specialist Kay Deselem, Principal Planner Corby Schmidt, Principal Planner ENVIRONMENTAL ADVISORY COUNCIL AGENDA February 4, 2009 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of January 7, 2009 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Special Treatment Permit ST -2008-AR-13958 (Fast Track) North Naples Fire District Station #48 Section 13, Township 48 South, Range 25 East B. Planned Unit Development PUDZ-2004-AR-6829 "Davis Reserve PUD" Section 8, Township 50 South, Range 26 East C. Planned Unit Development Rezone PUDZ-2007-AR-12046 Mirasol PUD Section 22, 10, 15, Township 48 South, Range 26 East D. Conditional Use CU-2003-AR-3725 NGALA CU Section 30, Township 49 South, Range 27 East VII. New Business VIII. Old Business A. Update members on projects and updates IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment ******************************************************************* Council Members: Please notify Summer AraClue, Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on Thursdav. Januarv 29. 2009 if vou cannot attend this meetinCl or if vou have a conflict and will abstain from votin!! on a petition (239-252-6290). 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. February 4, 2009 I. Call to Order Chairman Hughes called the meeting to order at 9:00AM. II. Roll Call Roll call was taken and a quorum was established. Ill. Approval of Agenda Dr. Williams moved to approve the agenda. Second by Mr. Sorrell. Carried unanimously 6-0. IV. Approval of January 7, 2009 Meeting Minutes Dr. Williams moved to approve the minutes of the January 7, 2009 Meeting subject to the following "clarification:" Page 8 - Hogan Island Quarry Condition #3 - from "Flashing caution lights and signage be posted on the east and west ends of Camp Keais Strand to warn drivers of the eminent danger of Panthers crossing the road. Said sign and lights subject to the applicant receiving the appropriate permits" be amended as follows: 3. "Flashing caution lights and signage be posted on the east and west ends of Camp Keais Strand (west of the mine entrance road and east of Camp Keais Strand) to warn drivers of the eminent danger of Panthers crossing the road. Said sign and lights subject to the applicant receiving the appropriate permits. " Robert Mulhere, RW A, Inc., who represented the applicant at the hearing was present and confirmed, "this was the intent of the condition proposed by the applicant. " Second by Mr. Sorrell. Carried unanimously 6-0. V. Upcoming Environmental Advisory Council Absences Summer Araque, Environmental Specialist noted there would be a day added to the Environmental Advisory Council's review of the Section 2 of the Rural Lands Stewardship Area Review Committee (if necessary). The date will be February 27, 2009. Mr. Lehmann has resigned from the EAC due to a conflict with his employer on appointments to County Advisory Boards. Mr. Penniman arrived at 9:09AM VI. Land Use Petitions A. Special Treatment Permit ST-2008-AR-13958 (Fast Track) North Naples Fire District Station #48 Section 13, Township 48 South, Range 25 East The presenters were sworn in. 2 February 4.2009 Bruce Layman of Wilson Miller provided an overview of the Petition: . The project is for construction of a 2-story firehouse and related improvements on 3.4 acres. . The parcel is located on Livingston Road, % mile south ofMediterra. . The Petition is for construction in a Special Treatment Overlay Zone (ST). . There are two ST's on site (#13E and #13F) . The use is an allowed use in the Zone. . The ST identifies areas of environmental or archeological significance. . The scientific area of concern is a cypress dome. . The project preserves ST 13E in the northwest corner of the property. . ST 13F will be impacted but does not contain any of the original cypress identified. . The construction of Livingston Road negatively impacted ST -13F by bisecting it. Summer Araque stated Staffrecommends approval ofthe Petition. Dr. Hushon moved to approve the Petition Special Treatment Permit ST-2008- AR-13958 (Fast Track) North Naples Fire District Station #48 Section 13, Township 48 South, Range 25 East. Second by Dr. Williams. Carried unanimously 7-0. B. Planned Unit Development PUDZ-2004-AR-6829 "Davis Reserve PUD" Section 8, Township 50 South, Range 26 East The presenters were sworn in Robert Andrea, Coastal Planning and Engineering provided an overview of the Petition: . The Petition is a proposed rezone of22.8 +/- acres to mixed use residential and commercial uses. . The project will provide dwelling units and commercial/office use. . Affordable housing is proposed. . The Preserve is located in the Southeast portion of the site incorporating the highest quality wetlands found onsite. . It will have two access points. . A sample of a similar project would be "Bayfront (along the Commercial/Mixed use area)." A discussion ensued regarding the density issue raised by staff on Page 3 of 11 of the Staff Report. Corby Schmidt, Comprehensive Planning, noted there is a disagreement between the applicant and staff over the interpretation of Affordable Housing Density (# of dwelling units allowed under the regulations). 3 February 4,2009 The issue will be resolved by the Collier County Planning Commissioners and/or the Board of County Commissioners. Robert Andrea noted at the advice of the applicant's legal counsel. they object to the discussion of the density issue. Discussion followed regarding the parameters of the stormwater system design and its relation to possible impacts on the quality of the proposed preserve and existing wetlands. It was noted the report provided by the applicant indicated the discharge elevation would be 6-12 inches below the wetland elevation. James Brian DeLony, PE, Coastal Planning Engineering noted conceptual designs have been completed and the project will discharge above seasonal high- water level. The exact seasonal high water elevation has not yet been determined. The intent is to treat the water before it enters the wetland. The seasonal high water elevation will be determined when the stormwater application (Environmental Resources Perrnit) is prepared for submittal to the South Florida Water Management District (SFWMD). Concern was voiced by the council; without the seasonal high water elevation determined and related design completed, it is difficult to make an informed decision on what impacts the project may have on the quality of the wetland (quality of water discharged into the wetland and overall hydration of the wetland). Discussion ensued if the application should be recessed until the elevation has been determined. Ninon Rynerson arrived at 9:42AM Stephen Lenberger, Sr. Environmental Specialist noted staff reviewed the project and found it consistent with the Comprehensive Plan. The water management system details will be determined upon submittal of the stormwater application to SFWMD Stan Chrzanowski, PE, Engineering Manager provided an overview of the LIDAR map for the area and noted SFWMD will probably determine the seasonal high water elevation based on adjacent projects. The project will need to conform to SFWMD standards. Barry Goldmeier, Advance Housing Corporation, (landowner) noted the proposal is in the stages of conceptual drawings and they are not required to provide detailed engineered drawings at this point. Further designs will not be completed until the density issue is resolved with the County and the project will be designed in conformance with all codes and regulations. 4 February 4. 2009 It was noted that it is the Environmental Advisory Council's (EAC) duty and responsibility to ensure the project does not create detrimental affects on preserve areas. Discussion took place in relation to possible permit conditions including approving the petition subject to the applicant submitting the design of the stormwater system to the EAC for review when it is completed (before Site Development Plan approval). Mr. Bishof moved to approve the project (Petition Planned Unit Development PUDZ-2004-AR-6829 "Davis Reserve PUD" Section 8, Township 50 South, Range 26 East) subject to the following stipulation: 1. After rezoning, the applicant submit a specific site plan to the EAC for review which demonstrates the hydrology of the preserve area is maintained or enhanced and the storm water system does not discharge below the seasonal high water elevatioll. Second by Mr. Standridge. Carried unanimously 8-0. Break: 10: lOAM Re-convened: 10:22AM C. Planned Unit Development Rezone PUDZ-2007-AR-12046 "Mirasol PUD" Section 22, 10, 15, Township 48 South, Range 26 East The presenters were sworn in. Dr. Hushon stated she has spoken with the "Conservancy" Mr. Penniman disclosed he has spoken with Brad Cornell and Ellen Keller, Collier County Audubon Society; Charles Patterson of the Everglades Coalition; Nathaniel Reed, Friends of Florida; Nicole Ryon, Jennifer Hecker and Andrew McElwaine of the Conservancy of Southwest Florida; Nancy Payton, Manley Fuller of Florida Wildlife Federation; private individuals and the general public; and received an email from Nicole Ryon regarding the petition. With his relationship through the Conservancy of Southwest Florida, he did not recuse himself, but may at a later point. Rich Yovanovich. attorney for the petitioner, provided an overview of the project: . The project is located on Immokalee Road (East of 1-75) and originally approved in April 2002 for a 799 unit residential development with two 18- hole golf courses on approximately 1500 acres. . On May 8, 2007 the Board of County Commissioners approved the developer contribution agreement to install transportation related improvements. 5 February 4.2009 . The improvements were installed and the project "vested" as its approval was approaching "sun setting." . Prior to May S'\ 2007, many environmental groups including the Environmental Advisory Council requested the project be re-reviewed under the existing requirements of the Comprehensive Plan. . He presented two project maps for review: "Existing PUD Conceptual Master Plan" and "Proposed PUD Conceptual Master Plan. " The proposed developed area of the site is on the southern portion, the preserve is on the northern portion. . The project is essentially the same as proposed in 2001 with the major change being the removal of the proposed flow way at the request of environmental groups who originally were in favor it. . The project proposes, "density blending" which allows the density requirements to be addressed within the project as a whole (a portion of the land is Urban Area and a portion is Rural Area). . There is a greater preservation area proposed than originally approved. . The South Florida Water Management District Environmental Resource Permit (ERP) and the US Army Corps of Engineers Permit have been approved. . There was a challenge to the SFWMD ERP permit which was upheld in the petitioners favor. . The USACE permit is valid. but under appeal. . The project is consistent with the Comprehensive Plan and requests the EAC provide a recommendation of approval of the revised project to the Board of County Commissioners. Summer Araque, Sr. Environmental Specialist stated the following: . All levels of staff completed a thorough review of the application and requested changes which were incorporated by the applicant. . The Petition is consistcnt with Growth Management Plan and staff recommends approval of the petition with the conditions outlined in the staff report. Stan Chrzanowski provided an overview of the LIDAR mapping for the region. Speakers Nicole Ryon Conservancy of Southwest Florida submitted a copy of Section 2.1 of the Conservation and Coastal Management Element for consideration noting the following: . The objectives in Section 2.1 were not in effect during the period of original review in 2001. . Objective 2.1 details how the County will implement stormwater management plans, which provide for a holistic approach on how projects may impact an entire watershed area. 6 February 4.2009 . The project is on the southern end of the Cocohatchee Slough, an area identified as a high priority for historic restoration for the Everglades Restoration proposed in Southwest Florida. . No degradation of the quality of the waters is permitted under State and Federal Laws. . Although the State and Federal Government's activities cannot be controlled by Collier County, thc County has the responsibility to protect the water quality in the area. . Section 2.I.d requires "all development located within areas identified on Figure 1 (the project is located within the identified area) shall be evaluated to determine impacts to natural wetlands, jlow ways and sloughs. " She also provided a historic map of the slough. which documents it drains into the Cocohatchee Canal, which drains into the Cocohatchee River and into the Wiggins Pass Estuary. The project interrupts the connectivity of the Cocohatchee Slough as it drains south into the Cocohatchee Canal. She outlined the characteristics of a slough required for evaluation under Section 2.1.d. The characteristics qualify the project area as being located in the "Slough." Section 2.1.d states, "The County shall require the applicant to avoid direct impacts to these natural wetlands, jlowways or sloughs or. when it is not possible to ensure direct impact is minimized and compensated for by providing the same conveyonce capacity lost by the direct impact." The project does not avoid direct impacts to wetland areas by impacting 46 % of wetland areas and is not consistent with policy 2.1.d. She recommends denial of the project for the following reasons: . The project is within a High Priority Restoration Area. . The failure to avoid and minimize wetland impacts (as outlined above.) Brad Cornell, Collier County Audubon Society concurred with the Conservancy of Southwest Florida's position and addressed wildlife habitat: . The site is characterized by short hydro period wetlands (inundated less than 6 months of the year).which are important for biological and ecological functions such as water recharge areas and habitat for the endangered Wood Stork. . Areas with short hydro-periods (wet from October through December) arc critical during the nesting season for the Wood Stork. When the wetlands dry out, the Wood Stork must move to less advantageous feeding areas . The amount of wetlands in the area will be reduced with the construction of the project. He provided historic maps which showed the location of area noting longer hydro-period wetlands have been preserved, yet the short hydro-period wetlands have been prime areas for conversion to other uses (agricultural, residential, etc.) 7 February 4, 2009 . Reduction in foraging area has a direct impact on fledgling production. Storks that fledge in November/December greatly out produce storks who flcdge in January - March. The loss of short hydro-period wetlands are the main factor in the reduction of the Wood Stork population. . Development of the project will greatly diminish primarily an area of foraging habitat for the Wood Stork. . The new Policies in Section 2.I.d of the Coastal Zone Management Element empower the County to protect the wetlands (above the requirements of the SFWMD and USACE). . He strongly supports a recommendation of denial of the petition. Rich Y ovanovich noted the issues have been presented in great detail to agencies with expert staff and the arguments prevailed in favor of the petitioner. He noted: . The project is not in an area of "High Priority for Restoration." . The requirements cited in Section 2.I.d do not prohibit development of the areas, but provide standards to develop. Staff has concurred. . The petitioner has complied with the standards. Discussion ensued on the status of the County's Watershed Management Plan. Robert Wiley, Engineering and Environmental Services noted the plan is slated for completion by 2010. Rick Barber, Agnoli, Barber and Brundage, Inc. provided an overview of the on-site water management system: . The proposal for the flowway was withdrawn as the US Army Corps of Engineers determined it was a "public project" and requested it be removed from the application. . The current flowway does not operate as it did in historic times due to its constriction by a berm along the Cocohatchee Canal. . The only current discharge into the canal from the Mirasol Property is via 2 culverts. The culverts will be removed and a single discharge point will be provided. . The project will propose a north to south "flow through system" via a series of interconnected lakes, which will ultimately discharge into the Cocohatchee Canal. . Water will enter the north end of the developed area via an inflow weir set a specific elevation to maintain the water elevations as currently exists. . The lakes are not part of the on-site stormwater management system (they only manage water entering the north end of the developed area as it transverses between lakes via underground pipes for discharge into the canal) . The north end of the developed area has a berm. . In his opinion. the water quality within the existing natural system will be improved by construction of the project. . He is a civil engineer involved in water management for over 35 years. 8 February 4,2009 . The system was analyzed for treatment capabilities utilizing the entire lake system. (not individual lake by individual lake). Tim Hall, Turrell, Hall and Assoc. provided an overview of wetland habitat: . There is no nesting or gestation of Wood Storks on the site. Wood Storks forage in deeper areas of shallow wetlands. They have been sited on the site in man-made agriculture ponds. The current opportunity for Wood Stork foraging on site is very low. . The wetlands do produce fish on site, influenced by the parameters of the year-to-year rainy season. . The site is infested with Melaleuca . The Fish and Wildlife Service who issued 4 different biological opinions for the project concurred that the site enhancement will improve the existing opportunities for Wood Stork foraging. . The project will not affect any listed species, (Indigo Snake. Wood Stork. etc.) . In minimizing secondary impacts to preserves, golf courses are more amenable than housing. . No stormwater from the golf courses will enter the preserves; there will be required buffer areas between the preserve and golf courses. Steve Walker, Attorney for the Petitioner. provided an overview on the status of the Everglades Restoration outlining the priorities in the area. At this point, there are no authorizations by Congress for expenditures in Southwest Florida. Chairman Hughes moved to approve the petition with the stipulations provided by staff and that the applicant perform a water quality essay every 6 months on the output of the property. Second by Mr. Standridge. It was confirmed by Mr. Wiley there is no "Interim Watershed Management Plan" the regulations are provided in the Conservation and Coastal Management Element. Mr. Penniman noted the project completely ignores 6.2 - "The County shall protect and conserve wetlands and the natural functions of wetlands" and 6.5 - "The County shall protect the natural reservations from the impact of surrounding development" of the Growth Management Plan (GMP), Conservation and Coastal Management Element. He questioned how staff could find differently. Summer Araque noted staff reviewed the project and found it consistent with the Growth Management Plan. Discussion ensued between the council and the petitioner's representatives on the wording of the motion regarding monitoring requirements/water quality and what 9 February 4, 2009 standards for the testing would be utilized (EPA, FDEP. etc.). Further, how the condition would be enforced once the project is completed. Chairman Hughes noted the intent of the motion - if they are not in compliance with applicable water quality standards, the applicant will be required to re- mediate the situation at their expense. It was noted the South Florida Water Management District, Environmental Resource Permit contains a condition (#33) for water quality monitoring which could be incorporated into the approval. Mr. Penniman noted the project completely ignores the following Goals of the Growth Management Plan, Conservation and Coastal Management Element: 6.2 - "The County shall protect and conserve wetlands, and the natural functions of wetlands. " 6.4 - "The County shall protect and conserve ecological used communities shared with other State and local Governments looking up to the northeast" 6.5 - The County shall protect the natural reservations from the impact of surrounding development. " He stated the project destroys 650 acres of wetlands and bisects the natural flowway. The natural flow of the Slough at the southern end will be interrupted into perpetuity. Chairman Hughes amended the motion to approve the Petition (Planned Unit Development Rezone PUDZ-2007-AR-12046 Mirasol PUD Section 22, 10, 15, Township 48 South, Range 26 East) subject to the following conditions: 1. The recommendations contained in the Staff Report. (1. The project is proposing impacts to 586 acres of wetlands. The project has identified 515.2 acres of586.2 acres (88%) of the required wetland mitigatioll acreage. The remaining 71 acres of off- site mitigation shall be identified prior to SDP approval.) (2. The minimum preserve acreage shall be maintained. Additional preserve acreage shall be added onsite or offsite to compensate for allY clearillg needed for private access to out parcels within the preserve.) 2. Incorporation of condition #33 of the South Florida Water Management District Environmental Resource Permit (SFWMD, ERP) #11-02031-P dated September 13, 2007 issued to LM. Collier, J. V. (Mirasol) (which states "The Permittee shall implemellt the Mirasol Water Quality Monitorillg Plall, attached as Exhibit 6. AllY deviation from these testing and monitoring procedures will require prior approval from the District's Environmental Compliance Staff. Such request must be made in writing and shall include (1) reason for the change and (2) an outline of the proposed change'') into this approval. 10 February 4,2009 3. The results of the Water Quality Monitoring referenced above be submitted to Collier COUllty'S Director of Engineering and Environmental Services. 4. If the petitioner is not in compliance with standards in condition #2 (condition #33 of the SFWMD, ERP referenced above), remediation shall occur at the petitioners expense. Second by Mr. Standridge. Motion carried 6 'yes" - 2 "no. " Mr. Penniman and Dr. Husholl voted no. Dr. Hushon voted "no" as the petition is inconsistent with the following Sections of the GMP, Conservation and Coastal Management Element -- 2.I.d, 6.2. 6.4 and 6.5. She expressed concern the rules currently in place are not being implemented. Mr. Penniman voted "no" as the Petition violates the Goals 6.2, 6.4 and 6.5 of the GMP, Conservation and Coastal Management Element as outlined above. He also objected that public comment was closed, but negotiations continued with the petitioner's representatives. Break: 12:40PM Re-convened: 1:32PM Dr. Williams and Ms. Rynerson did not return D. Conditional Use CU-2003-AR-3725 "NGALA CU" Section 30, Township 49 South, Range 27 East The presenters were sworn in. Mr. Sorrell disclosed he has visited the site. Rich Y ovanovich, Attorney for the Petitioner and Robert Mulhere of RW A, Inc., provided an overview of the petition: . The petition is for the approval of 3 distinct conditional uses. . Due to the code changes and related policy determinations, there is confusion between staff and the applicant on how to list the categories for the proposed conditional uses. Numerically, they are CU#5, CU#23, and CU#25. . The uses triggering a Conditional Use are exotic aquaculture (raising of Koi and Cichlid) (CU#5); Educational, Recreational and Cultural Facilities (CU#23) and breeding exotic animals (CU#25); . The public (corporate events and school class trips, etc.) attends events on site and arrives at a pre-appointed schedule by bus or van. This activity has triggered the code enforcement action and the Conditional Use Application. . A South Florida Water Management District Permit is required for the site. II February 4.2009 Donovan Smith, owner of NGALA noted the following: . The operation is regulated by 5 Government Agencies including, United States Fish and Wildlife Service, Florida Fish and Wildlife Conservation Commission. Centers for Disease Control. etc. . The operation has all necessary licenses, which address safety and health regulations, ownership and exhibition of the animals. . Some of the animals sequestered on the site are rare, and more suited to a private setting than a zoo setting for reproduction purposes. . The events fund the operation and care of animals. The council voiced concern a precedent of changing the definition of "agriculture" may be set if the application is approved. Corby Schmitt, Principal Planner noted the general animal activity falls under the state definition of agriculture; the main aspect that requires the Conditional Use approval is the "attraction" aspect of the operation. Rich Y ovanovich noted guests arrive by pre-determined appointment by bus or van. The general public is not allowed to arrive by individual vehicles. A general discussion occurred between the council and staff over the exotic fish regulations within the County. It was recommended "Tilapia" restrictions be removed from the applicable code. The council directed staff to prepare a letter for signature by the Environmental Advisory Council which requests the Board of County Commissioners direct staff to prepare language to remove the "Tilapia" restrictions from applicable codes. Chris D' Arco, Environmental Specialist stated the following: Staffrecommends approval of Conditional Use CU-2003-AR -3725 "NGALA" with the following conditions: As noted on shect 3 of the conditional use site plan; if no further permitting for all existing improvements is required, then the below mentioned conditions of approval shall be required prior to conditional use approval. If a site development plan (SDP) application is to be submitted in the future for the current impacts, then the following conditions of approval will be required at the time of SDP submittal. Stormwater Manae:ement: I) This project must obtain an Environmental Resource Permit from the South Florida Water Management District. Environmental I) Provide a Preserve Management Plan on the site plan including methods of exotic vegetation removal and maintenance along with Florida Black Bear and Big Cypress Fox Squirrel Management Plans. 12 February 4,2009 2) Fulfillment of any Florida Panther mitigation as required by either the United States Fish and Wildlife Service or the Florida Fish and Wildlife Conservation Commission. 3) Provide a legally sufficient title opinion and conservation easement. The conservation easement shall be recorded within 90 days of the determined final development order. Discussion ensued regarding the site plan, which indicates areas of "future expansion." Rich Yovanovich. noted construction of additional improvements on the site or new uses would require additional review by the County. Mr. Penniman moved to recommend approval (by the Board of County Commissioners) of the Petition Conditional Use CU-2003-AR-3725 NGALA CU Section 30, Township 49 South, Range 27 East subject to the following stipulations: I. Page 9 of 12, Paragraph 3 of the Staff Report be amended to read "As noted on sheet 3 of the conditional use site plan, if no further permitting for all existing improvements is required, then the below mentioned conditions of approval shall be required prior to conditional use approval. If a site development plan (SDP) or Site Improvement Plan application is to be submitted in the future for the current impacts, then the following conditions of approval will be required at the time of SDP submittal. " 2. The staff conditions listed above by Chris D' Arco. 3. That no more than 1,000 guests be on-site at any given time. 4. Environmental Advisory Council recognition - "This application seeks approval of the existing uses on this property on 21 +/- acres including a large native area; a private preserve; and farm for breeding. raising and training of animal; a wildlife sanctuary; wildlife education and personal development lecture, presentation, and meetings facility with one or more tents and accessory buildings; a wilderness and personal development training facility; and food service from an ofT-premise state licensed caterer in accordance with state guidelines. Alcoholic beverages may be served on premise at these events via caterers in accordance with Florida State Law. These permitted events may include the use of temporary tented structures. It is the requested that these tented structures are permitted to remain in place for up to ten (10 months. at anyone time during any calendar year. Tents shall be disassembled in case of an issuance of a hurricane warning." 5. Staff and the applicant determine the appropriate Conditional Use Categories the permit will be issued under. Second by Chairman Hughes. Carried unanimously 6-0. 13 February 4,2009 VII. New Business None VIII. Old Business A. Update members on projects Summer Araque noted the "Keewaydin Project" is on the Board of County Commissioner's Agenda on February 1 0,2009. It was recommended an EAC member attend the meeting to provide comments on the council's position on the matter. Mr. Penniman noted he has submitted a letter on the issue to each of the County Commissioners. IX. Sub-Committee Reports None X. Staff Comments None XI. Council Member Comments The Environmental Advisory Council will meet on February 5, 2009 to continue review of the Rural Lands Stewardship Area Review Committee's Phase II Report. 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 2:55 PM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman, William Hughes These Minutes were approved by the Board/Chairman on as presented . or as amended 14