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EAC Minutes 02/04/1998 MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD DATE: February 4, 1998 TIME: 9:00 a.m. PLACE: 3rd Floor Boardroom,Administration Building,Collier County Government Center, Naples,Florida EAB STAFF PRESENT Dejong X Ashton Espinar X Burgeson X Foley X Chrzanowski X Hermanson Arrived 9:05 Kuck Hill X Lenberger X Hinchcliff X Mulhere Saadeh Arrived 9:05 Seal MINUTES BY: Stephen Lenberger,Environmental Specialist II CALLED TO ORDER AT: 9:00 a.m. ADJOURNED AT: 10:00 a.m. PRESIDING: Paul Hinchcliff, Chairman ADDENDA TO THE AGENDA: APPROVAL OF MINUTES: Motion made by Mr.Foley, seconded by Ms.Dejong and carried 5/0,to approve minutes of January 7, 1998. ITEM: Regular Agenda-Item V.A. PETITION NO: Subdivision Master Plan Estates Villas of Embassy Woods REQUESTING: Proposed 23 acre single family subdivision with 51 attached villas on 102 platted single family lots. MOTION: Made by Mr.Foley, seconded by Mr. Saadeh and carried 6/0,to approve Estates Villas of Embassy Woods Subdivision Master Plan with Staffs stipulations. Mr. Espinar abstained from the vote. Water Management: Environmental Advisory Board Minutes February 4, 1998 Page 2 ,•"•\ 1. That the Developer obtain a modification to the SFWMD permit for Embassy Woods. Environmental: 1. Permits or letters of exemption from the U.S.Army Corps of Engineers(ACOE)and the South Florida Water Management District(SFWMD) shall be presented prior to final plat/construction plan approval. 2. Upland Recreational Open Space (UROS) areas shall be recorded on the plat as conservation/preservation areas with uses and limitations similar to or as per section 704.06 of the Florida statues. Conservation areas shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. UROS areas must average at least 25 feet wide. 3. An exotic vegetation removal / maintenance plan for the site, with emphasis on the conservation / preservation areas, shall be included on the final construction plan. This plan shall include the methods of exotic vegetation removal to be used within conservation/preservation areas. ITEM: Regular Agenda-Item V.B. PETITION NO: Planned Unit Development Petition No.PUD-97-19 Magnolia Pond PUD REQUESTING: Proposed 294 residential units with associated recreational facilities. REPRESENTED BY: Beau Keene,Keene Engineering MOTION: Made by Mr.Hermanson, seconded by Mr. Foley and carried 6/0,to approve Planned Unit Development Petition No.PUD-97-19 with added stipulations.Mr. Espinar abstained from the vote. Water Management: 1. SWFWMD Right-of-Way Permit and Discharge Permit for out-fall into the Golden Gate Canal shall be submitted prior to Development Plan approval. 2. From I-75 North to the main Golden Gate Canal,the Developer shall be responsible for clearing vegetation from the existing 25'drainage easement and leveling the existing spoil piles to form a 15'wide maintenance travelway along the west bank of the existing ditch. In addition,all vegetation shall be removed from the top width of the existing ditch located on the adjacent 30'drainage easement. All cut stumps shall be treated with an appropriate herbicide to prevent re-growth. i Environmental Advisory Board Minutes February 4, 1998 Page 3 P'` 3. Petitioner must obtain permission from property owners abutting the north side of the access road to place roadway fill(sideslopes)on their property. 4. Authorization from Collier County and FDOT must be obtained prior to constructing culverts under the access road for conveying I-75 runoff and runoff from south of I-75. Environmental: 1. The following language shall be added the environmental section of the PUD document Section 4.10: A. "This PUD shall comply with the environmental sections of the Collier County Land Development Code and Growth Management Plan conservation and Coastal Management Element at the time of final development order approval." B. A Gopher tortoise relocation/management plan shall be submitted to Current Planning Environmental Staff for review and approval. A copy of the approved plan language shall be included on the final Site Development Plan." C. Prior to final development order approval(FSDP)the petitioner shall submit a copy of the Florida Game and Fresh Water Fish Commission Gopher Tortoise Permit. ITEM: Regular Agenda-Item V.C. PETITION NO: Planned Unit Development Petition No.PUD-90-36(1) Saddlebrook Village PUD REQUESTING: Proposed 33.79 acre rental apartment project with 438 residential dwelling units,recreational facilities, storm water retention lakes and preserve areas. REPRESENTED BY: Dwight Nadeau,McAnly Engineering&Design,Inc. William McAnly,McAnly Engineering&Design,Inc. MOTION: Made by Mr.Hermanson, seconded by Mr. Saadeh and carried 7/0,to approve Planned Unit Development Petition No.PUD-90-36(1)with added stipulations. Water Management: 1. That Saddlebrook Village PUD must obtain a SFWMD Surface Water Management Permit prior to SDP approval. 2. The Developer will coordinate an agreement with both Collier County and the SFWMD /'\ to address the following issues: Environmental Advisory Board Minutes February 4, 1998 Page 4 a) Adequacy of the outfall route to the Golden Gate Canal to the north b) Appropriate hydration of the wetlands on property to the east to insure wetland function, and, c) Future routing of runoff from the property to the east through Saddlebrook Village. Any improvements will be subject to Collier County and SFWMD approval. Environmental: 1. Reference section 5.3 of the PUD document next to the land use table on the PUD master plan. 2. Petitioner proposes to retain five (5) acres of upland preserve and six (6) acres of wetland preserve as illustrated on the PUD master plan.Revise the land use table on the PUD master plan accordingly. 3. Add the following stipulation to section 6.8 of the PUD document: In the event the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida statutes section 704.06. ITEM: Regular Agenda-Item V.D. PETITION NO: Commercial Excavation Permit No. 59.632 Creative Homes Commercial Excavation REQUESTING: Proposing to excavate a 1.8 acre lake on a 5 acre tract in Golden Gate Estates. REPRESENTED BY: Merlin Banaham, Creative Homes of SW Florida,Inc. MOTION: Made by Mr. Foley, seconded by Mr. Saadeh and carried 6/1,to approve Commercial Excavation Permit No. 59.632 with Staffs stipulations: 1. The excavation shall be limited to a bottom elevation of 16 feet below existing grade and shall be no shallower than 10 feet below existing grade. 2. Petitioner must create a 20' Easement around the lake bank so that Collier County can continue to maintain the existing canal bank upstream and downstream of the project. 3. Offsite removal of material shall be subject to standard conditions imposed by the /'4\ Transportation Department(attached). Environmental Advisory Board Minutes February 4, 1998 Page 5 4. No blasting will be permitted unless issued a separate permit by Collier County Engineering Review Services. 5. If vegetation is to be removed as a result of the excavation, a separate Vegetation Removal Permit (per Collier County Land Development Code, Division 9) shall be obtained from Collier County Development Services Department before commencing work. ******* NEW BUSINESS: Motion made by Mr.Hill to have submittal packages received by EAB members two weeks prior to the meeting.The motion was not seconded. COMMENTS:For a complete record of the proceedings reader is directed to the tape 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 Board Min/h:\EAB Forms - "aul Hinchcliff, Chairman P"\ Ft FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME—FIRST NAME MIDDLE NAME ��---^^ THE BOARD. COUNCIL,COMMISSION. AUTHORITY. OR COMMITTEE ON Ljr'J�N i[}�'Z /�G J WHICH I SERVE IS A UNIT OF: MAILIINGpADDRESS / _, l0 ---57r______ •'-� 'e 0 CITY OUNTY 0 OTHER LOCAL AGENCY 0 STATE COUNTY CI V// / /! 1— NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHI VOTOCCURRED L(/ '49 NAME O 1BO.COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local,and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of I interest. _ As the voting conflict requirements for public officers at the local level differ from the requirements for state officers,this form is divided I into two parts: PART A is for use by persons serving on local boards(municipal,county,special tax districts,etc.),while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A '� VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting;and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE:Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. ,,// I, the undersigned local public officer, hereby disclose that on , 19 1Z: : (a) I abstained from voting on a matter which (check one): inured to my special private gain; or inured to the special gain of y , by whom 1 am retained. I CE FORM 4-REV. 10-84 PAGE (b) The measure on which 1 abstained and the nature of my interest in the measure is as follows: 1 • • Amorealw - Date Fil d Si: Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However,.any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on , 19 (a) I voted on a matter which (check one): inured to my special private gain; or inured to the special gain of , by whom I am retained. (b) The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. • PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen(15)days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not be filed merely to indicate the absence of a voting conflict. NOTICE:UNDER PROVISIONS OF FLORIDA STATUTES 4112.317(1983),A FAILURE TO MAKE ANY REQUIRED 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. FORM 4-REV. 10-84 PAGE: - FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME-FIRST NAME- DLE NAME THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON Z":37?/..ti �/ �� � +�l/tG -� WHICH ISERVE ISAUNIT OF: MAILING ADDRESS /J /�/ i- ./`rev/ (J /J Q �i 0 CITY UNTY 0 OTHER LOCAL AGENCY 0 STATE CIT- CODUN Y �/i, j /:f 6 (,.-._•.-- NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WH H VO E OC URRED NAME 0 -BOARD COUNCIL.COMMISSION,AUTHORITY,OR COMMITTEE WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, I whether state or local,and it applies equally to members of advisory and non-advisory bodies who arc faced with a voting conflict of interest. . As the voting conflict requirements for public officers at the local level differ from the requirements for state officers,this form is divided 1 into two parts: PART A is for use by persons serving on local boards(municipal,county,special tax districts,etc.),while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes(Supp. 1984).) The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government agency as defined in Section 1 12.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE:Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis arc not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on f-�i / , 19 �� • (a) I abstained from voting on a matter which (check one): inured to my special private gain; or inured to the special gain of �'� /'� ^ , by whom I am retained. .•.:•E FORM 4-REV,1044 PAGE (b) The measure on which 1 abstained and the nature of my interest in the measure is as follows: •- 41011> Date Fil . :Ip ature Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes(Supp. 1984).j Each state public officer is permitted to vote in his official capacity on any matter. However,.any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. 1, the undersigned officer of a state agency, hereby disclose that on , 19 . (a) I voted on a matter which(check one): inured to my special private gain; or inured to the special gain of , by whom I am retained. '(b) The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen(15)days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting,who shall incorporate the memorandum in the meeting minutes.This form need not be filed merely to indicate the absence of a voting conflict. NOTICE:UNDER PROVISIONS OF FLORIDA STATUTES*112317(1983).A FAILURE TO MAKE ANY REQUIRED DISCLOSURECONSTITUTES 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 55.000. FORM 4-REV. 10-84 PAGE In an advisory capacity to the Board of County Commissioners the Environmental Advisory Board is charged with: "review and evaluation of specific zoning and development petitions and their impact on the regulation, control , management, use or exploitation of any or all natural resources of or within Collier County" . In order to effectively discharge these responsibilities, it is essential to: 1- carefully review all documents submitted by the petitioner, 2- carry out site visits when deemed necessary, and 3- consult with Staff when necessary for questions and clarification. Recognizing that I am new to the procedure, I still find it difficult, at times, to fully and adequatelly prepare for the meetings within the existing timechedule. This is neither adequately serving the County or the petitioner. In the interest of effective and efficient Board operation and /'1 action, I present the following motion to the Board for action: If it is possible, without adversely affecting the vital work of the Staff, or presenting an additional burden on the efforts of the staff, " it is moved that the Board request that documents reach the Board two weeks in advance of the meeting at which action is to be taken"