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EAC Minutes 05/07/1997 n MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD DATE: May 7, 1997 TIME: 9:00 A.M. PLACE: 3rd Floor Boardroom,Administration Building, Collier County Government Center,Naples,Florida EAB STAFF PRESENT Foley X Burgeson X Hermanson X Chrzanowski X Hinchcliff X Kuck X Lamoureux X Lenberger X Saadeh X Seal X Straton excused absence Wilkison X MINUTES BY: Stephen Lenberger, Environmental Specialist II CALLED TO ORDER AT: 9:05 a.m. ADJOURNED AT: 9:54 a.m. PRESIDING: David S. Wilkison, Chairman ADDENDA TO THE AGENDA: None APPROVAL OF MINUTES: Motion was made by Mr. Saadeh, seconded by Mr. Foley and carried 6/0,to approve minutes of April 2, 1997. ITEM: Regular Agenda PETITION NO: PUD-96-11/DOA-97-1, "Pelican Strand PUD/DRI" REQUESTING: A PUD Amendment to identify uses within the 181.5 acres listed as future development in the current PUD. The amendment includes 1200 residential dwelling units, 27- hole golf course, 30 acre commercial parcel,water management lakes and preserve areas. PRESENTED BY: Karen Bishop,PMS,Inc. of Naples Environmental Advisory Board Minutes .May 7, 1997 Page 2 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. MOTION: Made by Mr. Foley, seconded by Mr. Saadeh and carried 5/0, to approve Petition No. PUD-96-11/DOA-97-1 with Staffs stipulations. Mr. Hermanson abstained from the vote. STIPULATIONS: Water Management: 1. A copy of the SFWMD Right-of-Way Permit shall be submitted prior to final construction plan approval. Environmental: 1. Delete Section 7.10(A) from the PUD document. ******************* PETITION NO: PSP-97-2, "Glen Eden lakes" REQUESTING: A 102 unit multifamily subdivision within the western half of the Village Place PUD. REPRESENTED BY: Blair Foley, Coastal Engineering Consultants, Inc.; Kenneth Passarella, Passarella&Associates, Inc. Consulting Ecologists. 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. MOTION: Made by Mr. Saadeh, seconded by Mr. Hermanson and carried 5/0, to approve Petition No. PSP-97-2 with staffs stipulations. Mr. Foley abstained from the vote. STIPULATIONS: Water Management: Environmental Advisory Board Minutes .May 7, 1997 Page 3 1. A copy of SFWMD Permit or Early Work Permit with staff report is required prior to construction plan approval. 2. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of Collier County Ordinance No. 92-73 and SFWMD rules. Environmental: 1 All approved Agency (SFWMD, ACOE) permits shall be submitted prior to final Plat/Construction Plan approval. 2. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with 3.2.8.4.7.3 CCLDC. 3. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Current Planning Environmental Staff. 4. 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 final site plan/construction plan approval. 5. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. ******************* PETITION NO: PUD-97-5, "Zurich Lake Villas PUD" REQUESTING: A multifamily PUD with 294 dwelling units, recreational facilities, water management lakes and preserve areas. 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. Environmental Advisory Board Minutes May 7, 1997 Page 4 MOTION: Made by Mr. Hermanson, seconded by Mr. Foley and carried 6/0, to approve Petition No. PUD-97-5 with stipulations. Environmental Advisory Board Minutes May 7, 1997 Page 5 STIPULATIONS: Water Management: 1. A copy of the SFWMD Surface Water Permit application shall be sent to Collier County Development Services with the SDP submittal. 2. A copy of the SFWMD Surface Water Permit will be submitted prior to Final SDP approval. 3. Lake setbacks from the PUD perimeter can be reduced to 25 ft. where a 6 ft. high fence or suitably substantial barrier is erected. Environmental: 1. Setbacks from preserve areas shall be pursuant to section 3.2.8.4.7(3) of the Collier County Land Development Code. Revise the setbacks in Table I (Residential Development Standards) accordingly. 2. Add the following stipulation to section 4.10 of the PUD document: Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental staff for review and approval prior to Final Site Plan/Construction Plan approval. ******************** OLD BUSINESS: PETITION NO: SDP-97-17 REQUESTING: A 90 dwelling unit cluster home project within the Hawksridge PUD. REPRESENTED BY: Mark Minor, Q. Grady Minor&Associates, P.A. 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. MOTION: Made by Mr. Hinchcliff, seconded by Mr. Saadeh and carried 5/1, to approve Petition No. SDP-97-17 with added stipulations. Environmental Advisory Board Minutes May 7, 1997 Page 6 STIPULATIONS: Water Management: A SFWMD permit modification must be obtained prior to final site development plan approval. 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 site development plan approval. 2. Petitioner shall submit the appropriate site clearing fee. 3. A preservation buffer/fence around every building site along the sides and the back of not to exceed 10 ft. from the building must be erected around each building site prior to commencement of construction. Further in all other areas a preservation fence is required around all horizontal construction of not to exceed 10 ft. in width. The intent is to preserve the most natural vegetation possible and if further remedies are available during construction then they must be implemented. NEW BUSINESS: Mr. Lamoureux announced his resignation from the Environmental Advisory Board. He may attend the next meeting if possible. ******************** There being no further business,the meeting was adjourned by order of the Chair. Environmental Advisory Board David S. Wilkison, Chairman gdh/c:5.7.97EABMinutes /"'N FORM 4 MEMORANDUM OF VOTING CONFLICT LA T AME-FIRSTINAME-MID +E NAME Al1 4 cCOA/ C-76,°0 -76, ,06 [! THE BOARD. COUNCIL,COMMISSION. AUTHORITY. OR COMMITTEE ON /7/V VN �`�•+G/ WHICH I SERVE 1S A UNIT OF: MAILING ADDRESS C� J ® ` ' 1 C-GL-=--- U (-1,--. 0 CITY COUNTY 0 OTHER LOCAL AGENCY 0 STATE CI- COUNTY V 2--pI C.----- -L _c .t NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON VOT7 EOCCURRED /9C706clEx du/dry NAME OPBOARD.COUNCIL.COMMISSIOO AUTHORITY.OR COMMITTEE A4-1-1/1//0eAJAIE./()7,4 e- ..3,450 ,,, A4,e.2 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 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 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 arc not prohibited from voting. In such cases, however, the oral and written disclosure of this part must beymade. I, the undersigned local public officer, hereby disclose that on ""/ 7 , 19 97 (a) I abstained from voting on a matter which (check one): inured to my special private gain; or ✓ inured to the special gain of UG�N �Te it '^�9 , by whom I am retained. �E FORM 4-REV.1044 PAGE (b) The measure on which I abstained and the nature of my interest in the measure is as follows: PUD -9& -// /0,62 - r7 -/ 572E/9-41 BUD/ e.. • Aly 2 7 /? y Date Filed Signature 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 1 am retained. (b) The measure on which 1 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 FLORIDASTATUTES*11231)(1983),A FAILURE TO MAKE ANY REQUIRED DISCLOSURECONSTtTUTESGROUNDS 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. E FORM 4-REV. 10-84 PAGE: FORM 4 MEMORANDUM OF VOTING CONFLICT LAST NAME-FIRST NAME-MIDDLE NAME f 7(„w LA A THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON , $/ WHICH 1 SERVE 1S A UNIT OF: 1 MAILING ADDRES -1 0 33 o(4.. RnsT 0 CITYCOUNTY 0 OTHER LOCAL AGENCY 0 STATE i CI' N ,P COUNTY v DATE ON WHICH VOTEOCCURRED I ����' NAME OF POLITICAL SUBDIVISION OR STATE AGENCY 7 `7 ? 7 4,k. (A NAME OF-BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE { CGtc Co. . E. A - 13, WHO MUST FILE FORM 4 This form is for use by any person serving ori 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 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 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 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 ? 4,147 , 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 PSV E 1,oPet_. , by whom I am retained. E FORM 4-REV.1044 PAGE (b) The measure on which I abstained and the nature of my interest in the measure is as follows: Ps P '1 7 — z-- crl Le,Kee • AAA 9 sC c- MA-14A-464- 12 C6C , U67,17v.4 L_ Cot",),-1 vl� 0 2 OE-cep-a, -7 /v"--.7 cr3- ;°-e7 Date Filed Signature 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 1 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 4112317(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 SS.000. E FORM 4-REV. 10-84 PAGE: