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EAC Agenda 08/11/1999 n COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL AGENDA August 11, 1999; 9:00 A.M. COMMISSION BOARDROOM,THIRD FLOOR—ADMINISTRATION BUILDING I. ROLL CALL II. APPROVAL OF AGENDA III. CONSENT/ADMINISTRATIVE APPROVAL AGENDA All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Council,that item(s)will be removed from the Consent Agenda and considered separately. IV. LAND USE PETITIONS AGENDA A. Planned Unit Development No. PUD-99-7 "PRC&M PUD" Section 4, Township 49 South,Range 26 East B. Planned Unit Development No. PUD-99-13 "Balmoral PUD" Section 18, Township 49 South, Range 26 East C. Planned Unit Development No. PUD-96-10(2) "First Assembly Ministries Education&Rehabilitation Campus PUD" Section 14, Township 50 South, Range 26 East VI. OLD BUSINESS A. Update from County Attorney's office if available VII. NEW BUSINESS A. Discussion on proposed NRPA boundaries B. State Administration's Final Order,review of schedule VIII. COUNCIL MEMBER COMMENTS XI. PUBLIC COMMENTS XII. ADJOURNMENT *************************************************************************** NOTES: A. [Council Members]: Notify the PLANNING SERVICES DEPARTMENT (403-2400)no later than 5 P.M. on August 12`h, 1999 if you cannot attend this meeting or if you have conflict and thus will abstain from voting on a particular petition. B. [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 insure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. *************************************************************************** 2 s � � I Item IV.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF AUGUST 11,1999 I. NAME OF PETITIONER/PROJECT: Petition No.: Planned Unit Development No.PUD-99-7 Petition Name: PRC&M, a Planed Unit Development Applicant/Developer: Stuart and Associates Engineering Consultant: Banks Engineering,Inc. Environmental Consultant: Synecological Analysts II. LOCATION: The subject property is located on the south side of Vanderbilt Beach Road between Logan Blvd. And CR 951,within Section 4,Township 49 South,Range 26 East,Collier County,Florida. M. DESCRIPTION OF SURROUNDING PROPERTIES: The subject parcel is bordered by Golden Gates Estates lots on three sides and by the developing Islandwalk PUD to the north of Vanderbilt Beach Road extension. ZONING DESCRIPTION N- Islandwalk PUD Residential PUD S- Golden Gates Estates Single family residential E- Golden Gates Estates Single family residential W- Golden Gates Estates Single family residential IV. PROJECT DESCRIPTION: The applicant is requesting a rezoning of approximately 25 acres of land to develop a cemetery, funeral chapels,mausoleum,administrative and management facilities and Adult group housing. Plan of Record: Water Management: Master Plan Exhibit"B"-The PRC&M PUD Adult Living Facility Plan Sheet 1 of 1 prepared by Banks Engineering,Inc.,signed&sealed June 11, 1999. Environmental: Environmental Impact Statement, The PRC&M PUD,prepared by Synecological Analysts, dated February 1999,revised May 1999,revised July 1999. PRC&M PUD document,prepared by Stuart and Associates,received June14, 1999. V. STAFF COMMENTS: Water Management: The water management system for the project will consist of two interconnected lakes. Runoff from the project will be conveyed to the lakes through catch basins and culvert systems. Discharge from the site will be through a control structure into the Harvey Canal which runs along the east boundary of the property, then south to the Green Canal and eventually west to the I-75 (D-2)Canal. The water management system is designed for a 25 year 3 day storm event and will meet the requirements for water quality and water quantity per SFWMD and Collier County criteria. This project will be permitted for water management by Collier County. Environmental: The majority of the site is a Pine flatwoods made up of slash pine(Pinus elliottii), cabbage palm (Sabal palmetto), saw palmetto (Serenoa repens) and native grasses. Melaleuca was present in the midstory. The native vegetation requirement for this site is 25% (a minimum of 6.4 acres), which will be accomplished by retaining 4.4 acres on the south side of the property and providing the additional 2 acres during the Site Development Plan review process. The soils on site are made up of two types; they are Malabar fme sand and Holopaw fme sand. Malabar fme sand is categorized by the NRCS as hydric soils and is typically poorly drained soil found in sloughs and poorly defined drainage ways. The Holopaw fme sand is also a poorly drained soil categorized as hydric. Threatened and endangered species surveys were conducted by Synecological Analysts;indicating no species of special status were observed on site. However a potential exists for the Big Cypress fox squirrel to use limited areas of the site. VI. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Petition No.PUD-99-7,PRC&M PUD, with the following stipulations: Water Management: 1. A copy of the SFWMD Right-of-Way and Discharge Permit shall be submitted prior to fmal SDP approval. Environmental: 1. Remove the following Sections from the PUD document: 6.8 A, 6.8 C and 6.8G. 2. Replace Section 6.8 H, of the PUD document with, "A minimum of 6.4 acres of native vegetation shall be retained on site. The Reserve Tract has been designated to preserve 4.4 acres;the remaining 2 acres shall be identified at the time of SDP submittal." 3. Revise Section 6.8 D of the PUD document with as follows"Petitioner shall comply with the guidelines and recommendations of the U.S.Fish and Wildlife Service(USFWS) and Florida Fish and Wildlife Conservation Commission..." -- 4. Add the following language to Section 5.3 E of the of the PUD document, " The listed permitted uses and structures may be allowed as long as they do not require removal of native vegetation or evidence can be provided that the minimum 6.4 acres of native vegetation has been preserved on site." 5. Replace Section 2.11 of the PUD document with the following language, " Pursuant to Section 3.9.5.5.3 of the Collier County Land Development Code, 25%of the viable naturally functioning native vegetation on site(a minimum of 6.4 acres)shall be retained. The Reserve Tract has been designated to preserve 4.4 acres; the remaining 2 acres shall be identified at the time of SDP submittal" PREPARED BY: BARBARA S.BURGESON SENIOR ENVIRON ENTAL SPECIAL :T DATE STE0 ' .1\14 ,elck it,ii ,/,fpWi/ (/ 4111 DATE SENIOR ENGINEER REVIEWED BY: -%pvt,ivadeivu,o,L 7/2x/99 THOMAS E.KUCK,P.E. DATE ENGINEERING REVIEW MANAGER v--7 �" ,,/�/Ce z 7/ /?9 . RO��.NINO,AICP �� DATE CURRENT PLANNING MANAGER n Item V.B. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF AUGUST 11,1999 NAME OF PETITIONER/PROJECT: Petition No.: Planned Unit Development No.PUD-99-13 Petition Name: Balmoral PUD Applicant/Developer: Relleum,Inc. Engineering Consultant: Swanson&Associates Consulting Engineers,Inc. Environmental Consultant: Passarella&Associates,Inc. II. LOCATION: The subject property is located approximately 4,500 feet south of Pine Ridge Road and 8,500 feet north of Golden Gate Parkway on the east side of future Livingston Road in Section 18,Township 49 South,Range 26 East,Collier County,Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are undeveloped with the following zoning classifications. ZONING DESCRIPTION N- Agricultural Undeveloped S- Agricultural Undeveloped/ Actively Farmed E- PUD(Whippoorwill Woods) Undeveloped W- ROW Future Livingston Road Agricultural Undeveloped(FP&L Transmission Line) IV. PROJECT DESCRIPTION: Balmoral will consist of a maximum of 154 residential units to be developed with a mixture of single and multi-family homes in a community of individual residential tracts linked by common primary vehicular and pedestrian circulation and shared open space and common recreational amenities. The project will be accessed from future Livingston Road with its proposed access to be centered within its frontage. Construction access will be from Whippoorwill Road which will eventually also serve as a secondary access to the subject property. EAC Meeting August 11, 1999 PUD-99-13 Page 2 Plan of Record: Environmental: Balmoral Collier County Environmental Impact Statement prepared by Passarella and Associates, Inc.,dated June 1999,revised July 1999. Balmoral PUD document prepared by Planning Development Incorporated,dated April 30, 1999. V. STAFF COMMENTS: Water Management: The surface water management for this project will be reviewed by the South Florida Water Management District and therefore is exempt from review by the Environmental Advisory Council(5.13.6 CCLDC). Environmental: The subject property is approximately 39.6 acres in size, about half of which is vegetated with indigenous vegetation. Native habitats on site include pine flatwoods and pine-cypress communities. The other portions of the site have been cleared in the past and consist of a borrow lake,disturbed land,canal/ditch and berm. Approximately 1.8 acres of South Florida Water Management District/Collier County jurisdictional wetlands and 4.9 acres of "other surface waters" occur on the property. The wetlands are composed of a single FLUCFCS type, pine-cypress-Melaleuca (FLUCFCS code 6249). About 83 percent or 1.5 acres of the defined wetlands and 17 percent or 0.6 acre of the "other surface waters" will be impacted during construction of the project. Compensation for wetland impacts include the preservation and enhancement of the remaining 0.3 acre of on-site wetlands. An additional 2.4 acres of uplands will also be preserved on-site. No clear biological indicators were noted within the wetland areas to determine present seasonal high water levels. Currently an on-site well monitoring program has been established to help define the level. The wet season water table is estimated to be elevation 7.7 NGVD based on review of the South Florida Water Management District permit for Wyndemere Country Club and an existing control structure at the east end of the ditch along the south property line. The design control elevation for the structure was 7.50 and the as-built elevation is 7.71. According to the Collier County Soils Map, two soil types are found on the property, Holopaw fme sand, limestone substratum(Soil Map Unit 2) and Hollowpaw fme sand(Soil Map Unit 27). Both soil types are listed as hydric by the Natural Resource Conservation Service. A survey of the property was conducted on April 12, 1999 to identify species listed by the Florida Game and Fresh Water Fish Commission(FGFWFC), Florida Department of Agricultural(FDA) and U.S. Fish and Wildlife Service (USFWS) as threatened, endangered, species of special concern or commercially exploited. The survey included walking meandering transects across the property for a coverage of approximately 50 percent of the site. No listed wildlife species were observed during the surveys. Two listed plant species noted during the survey included inflated EAC Meeting August 11, 1999 PUD-99-13 Page 3 wild pine (Tillandsia balbisiana) and common wild pine (Tillandsia fasciculata). The wild pines were scattered about the different vegetation communities on-site. VI. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUD-99-13 `Balmoral PUD"with the following stipulations: Environmental: 1. Amend section 2.2(A)of the PUD document as follows by adding the underlined language. Regulations for development of Balmoral PUD shall be accordance with the contents of this document,PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code(to the extent they are not inconsistent with the PUD Ordinance)and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. Where the regulations of this PUD Document fail to provide developmental standards then the provisions of the most similar district in the County Land Development Code shall apply. 2. Amend section 4.10(D) of the PUD document as follows by adding the underlined n language. An exotic vegetation removal,monitoring, and maintenance(exotic free)plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Site Development Plan/Construction Plan approval. This plan shall include methods and time schedule for removal of exotic vegetation within conservation/preservation areas, 3. Add the following sentence to section 4.10(E)of the PUD document. Permitted uses within preserve areas do not preclude the requirement of preserving 4.25 acres of native vegetation. 4. Amend section 4.10(E)(3) of the PUD document as follows by adding the underlined language and deleting the . Water management structures . EAC Meeting August 11, 1999 PUD-99-13 Page 4 PREPARED BY: ti% 7/x4? STEPHEN LENBERGER DATE ENVIRONMENTAL SPECIALIST II REVIEWED BY: '-7 -A-AA /PC P Le ` /f ONALD F.NINO,AICP DATE CURRENT PLANNING MANAGER SL/mk/h:\PUD-99-13 Staff Report G. Item V.C. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF AUGUST 11,1999 NAME OF PETITIONER/PROJECT: Petition No.: Planned Unit Development Amendment No.PUD-96-10(2) Petition Name: First Assembly Ministries Education& Rehabilitation Campus PUD Applicant/Developer: First Assembly of God Church Engineering Consultant: Keene Engineering Environmental Consultant: Boylan Environmental Consultants,Inc. II. LOCATION: The existing PUD is located at the northeast corner of County Road 951 and The Lord's Way (Rifle Range Road) in Section 14, Township 50 South, Range 26 East, Collier County, Florida. The proposed addition is located immediately east of the existing PUD. III. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are mostly undeveloped with the following zoning classifications. ZONING DESCRIPTION N- Agricultural Undeveloped S- R.O.W. The Lord's Way Agricultural Undeveloped E- PUD(Swamp Buggy Days) Partially Developed W- R.O.W. County Road 951 PUD(Naples Forest Country Club) Under Construction IV. PROJECT DESCRIPTION: The subject PUD is being amended to add 10.3 acres of land in order to increase the size of the PUD from 68.8 to 79.1 acres. The primary purpose of this additional land is to spread out the intensity of the project over more acreage in order to create a more pleasant environment for on- site residents and guests. The 10.3 acres of land being added is currently undeveloped and zoned Agricultural.The eastern PUD boundary is now the Florida Sports Park. The First Assembly Ministries Education and Rehabilitation Campus PUD will include a mixture of land uses for religious, community social services, and residential uses in a campus-type setting. The key facilities at build-out will include an auditorium for predominantly church use with 1800 seats, a chapel with 600 seats, a private school for 300 students in grades kindergarten through high school or Bible college,a child/adult care facility for 450 children/adults,a care unit EAC Meeting July 7, 1999 PUD 96-10(2)"First Assembly Ministries" Page 2 facility with 400 beds,TTRVC for 120 travel trailer or park model lots,an adult living facility for 400 group housing units,and 57 multi-family units.If not all of the 120 lots within the TTRVC or all of the 400 units of the adult living facility are constructed, those unused units would be replaced with multi-family units at a density of 1.5 units/acre. Some of the more visible accessory uses for residents and students, include: cafeterias, infirmary for residents and students, printing shop, a radio/television broadcasting studio, a 500-foot high radio/television tower, library, collection and free distribution of used clothing and furniture,hair salon,labor pool for the on-site homeless,bus/vehicle maintenance garage,cemetery,and facilities management offices. Plan of Record: Environmental: First Assembly of Ministries Education & Rehabilitation Campus Amended Environmental Impact Statement prepared by Boylan Environmental Consultants, Inc., dated March 17, 1999, revised June 8, 1999. First Assembly Ministries Education & Rehabilitation Campus PUD document prepared by Hoover Planning and Keene Engineering,revised May 25, 1999. V. STAFF COMMENTS: Water Management: The surface water management for this project will be reviewed by the South Florida Water Management District and therefore is exempt from review by the Environmental Advisory Council(5.13.6 CCLDC). Environmental: The 10.3 acre PUD addition area contains 1.9 acres of palmetto prairie and 8.4 acres of pine flatwoods. The additional 10.3 acres being added contains no South Florida Water Management District(SFWMD)/Collier County jurisdictional wetlands.No SFWMD wetland mitigation will be required. Approximately 8.3 acres of U. S. Army Corps of Engineers (ACOE) jurisdictional wetlands occur on the property. ACOE wetland mitigation will be addressed at time of dredge & fill permitting. The wetland impacts from the previous PUD have already been mitigated for in accordance with SFWMD permit No. 11-01521-P and ACOE permit No. 199605090. The present seasonal high water level is approximately 9.4 feet NGVD based upon soils borings. This was determined during consultation with the SFWMD during ERP(Environmental Resource Permit) permitting for the existing 68.8 acre PUD parcel. The historic high water level is approximately 9.7 feet NGVD based upon water lines in cypress trees in the northwest portion of the site. Soil types found within the PUD expansion area include Pineda fme sand, limestone substratum (Unit 14)and Hallandale and Boca fme sand(Unit 49).Both soil types are listed as hydric by the Natural Resource Conservation Service office. A plant and animal survey was conducted according to Florida Game and Fresh Water Fish Commission(FGFWFC)guidelines. Overlapping belt transects,approximately 10 to 50 feet apart were walked, depending on the density of the vegetation. In addition, periodic stop-look-listen techniques were utilized to observe potential listed species.The survey was conducted on March 3 EAC Meeting July 7, 1999 PUD 96-10(2) "First Assembly Ministries" Page 3 and 10, 1999 by two environmental scientists. Approximately 32 man-hours were spent in the field.No listed plant or animal species were observed during the survey. VI. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development Amendment No. PUD-96-10(2) "First Assembly Ministries Education&Rehabilitation Campus"with the following stipulations: Environmental: 1. Amend section 4.2(A)(3) of the PUD document by adding the underlined language and deleting the stk- eugh. Water management structures • • ' •- • - • = • = . PREPARED BY: A--) .A.-4/41 STEPHEN LENBERGER DATE ENVIRONMENTAL SPECIALIST II VIE /ED BY: C 9 9 RALD F.N , DATE CURRENT PLANNING MANAGER SL/h:/EAC StaffReports COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL AGENDA August 17, 1999; 9:00 A.M. COMMISSION BOARDROOM,THIRD FLOOR—ADMINISTRATION BUILDING I. ROLL CALL II. ESTABLISHMENT OF TERMS III. APPROVAL OF AGENDA IV. DISCUSSION OF JUNE 2, 1999 EAC MEETING MINUTES V. APPROVAL OF AUGUST 4, 1999 EAC MEETING MINUTES. VI. NEW EAC MEMBER ORIENTATION AND WORKSHOP VII. LAND USE PETITIONS AGENDA A. Planned Unit Development No. PUD-99-7 "PRC&M PUD" Section 4, Township 49 South, Range 26 East B. Planned Unit Development No. PUD-99-13 "Balmoral PUD" Section 18, Township 49 South,Range 26 East C. Planned Unit Development No. PUD-96-10(2) "First Assembly Ministries Education&Rehabilitation Campus PUD" Section 14, Township 50 South,Range 26 East VIII. OLD BUSINESS A. Update from County Attorney's office if available IX.NEW BUSINESS A. Discussion on proposed NRPA boundaries B. State Administration's Final Order,review of schedule C. Appointment of Growth Management sub-committee X. COUNCIL MEMBER COMMENTS XI. PUBLIC COMMENTS XII. ADJOURNMENT *************************************************************************** NOTES: A. [Council Members]: Notify the PLANNING SERVICES DEPARTMENT (403-2400)no later than 5 P.M. on August 12th, 1999 if you cannot attend this meeting or if you have conflict and thus will abstain from voting on a particular petition. B. [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 insure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. *************************************************************************** 2 Naples Daily News Naples, FL 34102 1 Affidavit of Publication Naples Daily News + BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY PTT B: TONYA 6HILLIPS ENVIRONMENTAL ADVISORY COUNCIL AGENDA PO BOX 413016 August 17,1999'9:00 A.M. NAPLES FL 34101-3016 COMMISASIDMINIBISSTRATTiOVE BUILDING THIRD FLOOR- I.ROLL CALL II.ESTABLISHMENT OF TERMS III.APPROVAL OF AGENDA IV.DISCUSSION OF JUNE 2,1999 EAC MEETING MINUTES REFERENCE: 001230 V.APPROVAL OF AUGUST 4,1999 EAC 57919100 COLLIER COUNTY ENVIRMEETING MINUTES VI.NEWEAC MEMBER ORIENTATION AND WORKSHOP State of Florida VII.LAND USE PETITIONS AGENDA County of Collier A.Planned Unit Development No.PUD-99-7 "PRC&M PUD" Before the undersigned authority, personally Section 4,Township 49 South,Range 26 East B.Planned Unit Development No.PUD-99-13 appeared B. Lamb, who on oath says that she serves Balmoral PUD" as the Assistant Corporate Secretary of the Naples Section 18,Township 49 South,Range 26 East Daily News, a daily newspaper published at Naples, C.Planned Unit Development No.PUD-96-10(2) "First Assembly Ministries Education& in Collier County, Florida: that the attached Rehabilitation Campus PUD" copy of advertising was published in said Section 14 Township 50 South,Range 26 East newspaper on dates listed. VIII.OLD BUSIN�SS S A.Update from County Attorney's office if Affiant further says that the said Naples Daily available News is a les at published newspaperNa in said IX.NEW BUSINESS Naples, Collier County, Florida, and that the said A.Discussion on proposed NRPAboundaries newspaper has heretofore been continuously B.State Administration's Final Ordre,review of published in said Collier County, Florida, each schedule C.Appointment of Growth Management sub- day and has been entered as second class mail committee matter at the post office in Naples, in said X.COUNCIL MEMBER COMMENTS Collier County, Florida, for a period of 1 year XI.PUBLIC COMMENTSXII.ADJOURNMENT next preceding the first publication of theA. (Council Members): Notify the PLANNING NOTES: attached copy of advertisement; and affiant SERVICES DEPARTMENT(403-2400)no later than --T-+rther says that she has neither paid nor 5 P.M.on August 12th,1999 if you cannot attend this praised any person, firm or coporat i on any meeting or if you have conflict and thus will abstain from voting on a particular petition. _,SCOUnt, rebate, commission or refund for the B.(General Public):Any person who decides to ap- purpose of securing this advertisement for peal a decision of this board will need a record of publication in the said newspaper. the proceedings pertaining thereto; and therefore may need to insure that a verbatim record of the proceedings is made, which record includes the PUBLISHED ON: 08/15 t be based and evidence upon which the appeal is to August 15 No.1459565 AD SPACE: 108.000 INCH FILED ON: 08/16/99 Signature of Affiant `" Sworn to and Subscribed before me this liCA-)2iay of CILLLC; 19r !'7J Personally known by me k as 4 �`l _1 )1,- 043 LOAJC' `,,.,4.^,..,, ChanelA.McDonald 0 . * MY COMMISSION#CC850752 EXPIRES �yr;. 4 June 29,2003 �f ,. BONDED THRU TROY FAIN INSURANCE;INC MINUTES OF THE ENVIRONMENTAL ADVISORY COUNCIL DATE: August 4, 1999 TIME: 9 a.m. PLACE: 3'Floor Boardroom,Administration Building, Collier County Government Center,Naples,Florida EAB STAFF PRESENT Adarmes Minor Cornell X Arnold X Coe X Burgeson X Hill X Cautero Jackson X Chrzanowski X Sansbury X Keohane Kuck Lenberger n Lorenz X Maheuron Manalich Mulhere X Nino Scuderi X Seal X Student Weigel Yilmaz X MINUTES BY: Barbara Burgeson, Senior Environmental Specialist CALLED TO ORDER AT: 9:00 a.m. ADJOURNED AT: 10:00 a.m. PRESIDING: Mr. William Hill, Chairman ADDENDA TO THE AGENDA: The EAC Chairman amended the agenda. The follow is a summary of the items discussed. Environmental Advisory Council Minutes August 4, 1999 Page 2 The EAC members asked that the June EAC minutes be sent to them. They received the May minutes by mistake. Bob Mulhere gave a brief presentation of the BCC meeting discussion regarding the EAC from the meeting of 8-3-99. Marni Scuderi gave a brief discussion of the ethics laws. Bob Mulhere and Bill Lorenz gave a presentation of the 8-3-99 BCC discussion regarding the State Administration's Final Order. Bill stated that he wants to have the EAC to serve as a forum for review and public input of the proposed NRPAs that the County must identify by September 14, 1999. He will send out packages to each EAC member so that they would have all the recent material to be able to discuss it at their next meeting. The EAC Chairman directed Bob Mulhere to ask the BCC to have an emergency meeting in order to address the current membership situation. A motion was made by Mr. Jackson and seconded by Mr. Coe to request that the BCC have an emergency meeting to appoint new EAC members,prior to the 8-17-99 EAC meeting, or as soon after that as possible. The other part of that motion was to ask the BCC to consider giving the EAC the ability to act as a 5 member Council so that, for the 8-17-99 meeting,not all 5 members need to be present to conduct business. The motion was approved 5-0. The EAC members agreed to meet on 8-17-99 at 9:00 am. The BCC boardroom is available for that meeting which is tentatively scheduled to hear 3 land use petitions and have a full discussion regarding the Administrations Final Order, specifically the proposed NRPA boundaries. .A motion was made by Mr. Jackson and seconded by Mr. Sansbury to appoint Mr. Cornell as Vice Chairman,which would require him to act as Chairman in event of Mr. Hills absence. Approved 5-0. An open discussion was held between EAC members regarding their role on the EAC and how they felt they should proceed particularly in light of the BCC discussions from the 8-3-99 meeting. A motion was made by Mr. Coe and seconded by Mr. Cornell to authorize Chairman Hill to write a letter on behalf of the EAC,to the BCC, outlining their concerns and expectations. Approved 5-0. MOTION: To adjourn by Mr. Cornell , seconded by Mr. Coe , carried 5-0. COMMENTS: For a complete record of the proceedings reader is directed to the tape Environmental Advisory Council Minutes August 4, 1999 Page 3 recording of this meeting, located in the Office of the Clerk to the Board, 5th Floor, Building "F", Collier County, Government Complex. There being no further business, the meeting was adjourned by order of the Chair. Environmental Advisory Council William Hill, hairman Min/den/h:\EAC Staff Reports n FORM 8B MEMORANDUM OF VOTING CONFLICT FOR ii COUNTY, MUNICIPAL, AND OTHER ER LOCAL PUBLIC OFFICERS NAME OF BOARD.COUNCIL.COMMISSION./AUTHORITY.O COMMITTEE •ST NAME-FIRST NAME-MiODLE NAME fi Zc s� 11 l - THE BOARD.COUNCIL.COMMISSION.AUTHO7 TY.OR COMMITTEE ON ,UUNC p KESS � `7 WHICH I SERVE IS A UNIT OF: © -�VQ� 1�`� L �� CItY COUNTY ,': OTHER LOCAL AGENCY 111 I TY COUNTY NAME OF POLITICAL OLITICAL SUBDIVISION /Q- p •c2 � ` - �,✓ ..(0 TI' \v (c)1/4„----?_(--- li-1i\."'v'tC 2 i cr-te/ ATE ON WHICH vellrE uRREO MY POSITION 1S ELECTIV :• G APPOINTIVE_ --I .? ,7-01 WHO MUST FILE FORM 8B This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board, council,commission,authority,or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory;although the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position.For this reason,please pay close attention to the instructions on this form before completing the reverse side and filing the form. ,,.;-- _ INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.1143, FLORIDA STATUTES ELECTED OFFICERS: _ A person holding elective county, municipal,or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting: and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for record=" g the minutes of the meeting, who should incorporate the form in the minutes. - APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure whice inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. F A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but r-. . disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, w•he---)er made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • . should complete and file this form (before making any attempt to influence the decision) with the person responsible fo: recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of inic .- IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. - DISCLOSURE OF LOCAL OFFICER'S INTEREST 1. ST1-_, ereby disclose that on ( � 19 (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of /1 / L j .( to /) 44-4 -> , by whom I am retained_ (b) The measure before my agency and the nature of my interest in the measure is as follows: p - • After consultation with -the County Attorney, I abstained from voting on the above matter pursuant to Section 286. 012, Florida Statutes, which provides that "no member of any state, county, or municipal governmental board, commission or agency who is present -at any meeting of- such body at which-an _official decision, ruling or other official act is to be taken or adopted .`may "abstain from voting. . .except when, with respect to any such member, there is, or appears to be, a possible conflict of interest under the provisions of S. 112 . 311 , S. 112 . 313 , or S. 112 . 3143 . In such cases, said member shall comply with the disclosure requirements of S. 112 . 3143 . " _ Da:c Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAIL RE TO MAKE ANY REQUIREL DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED S5,000. CE FOt17 aB- In-86 - 0,�..,