EAC Minutes 08/06/1997 MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD
DATE: August 6, 1997
TIME: 9:00 a.m.
PLACE: 3RD Floor Boardroom, Administration Building, Collier County Government
Center,Naples, Florida
EAB STAFF PRESENT
Espinar X Ashton X
Foley X Burgeson X
Hermanson X Chrzanowski X
Hinchcliff X Lenberger X
Saadeh Excused Absence
Straton Excused Absence
Wilkison X
MINUTES BY: Stephen Lenberger, Environmental Specialist II
CALLED TO ORDER AT: 9:05 a.m. ADJOURNED AT: 9:45 a.m.
PRESIDING: David S. Wilkison, Chairman
ADDENDA TO
THE AGENDA:
EAB notified of September 23, 1997 BCC meeting concerning airboat use requests as discussed
during the July 2, 1997 meeting of the EAB. Mr. Hinchcliff will attend the BCC meeting.
APPROVAL OF MINUTES:
Motion made by Mr. Foley, seconded by Mr. Hinchcliff and carried 5/0, to approve minutes of
June 4, 1997 and July 2, 1997.
ITEM: Regular Agenda- Item V.A.
PETITION NO: Planned Unit Development No. PUD-97-6
U.S. 41/Wiggins Pass Road PUD
Environmental Advisory Board Minutes August 6, 1997
Page 2
REQUESTING: A Mixed Commercial Center made up of five tracts with uses ranging
from fast food restaurants to a hotel.
REPRESENTED BY: Robert L. Duane,Hole, Montes and Associates, Inc.
Craig Smith,Kevin L. Erwin Consulting Ecologist, Inc.
MOTION: Made by Mr. Foley, seconded by Mr. Hinchcliff and carried 4/0,to approve
Planned Unit Development Petition No. PUD-97-6 with added stipulations. Mr.
Hermanson abstained from the vote.
WATER MANAGEMENT:
1. Section 9.2 of the PUD document shall be revised by adding ".. if fenced" to the
end of the sentence.
2. At the time of site development plan submittal, it shall be demonstrated that the
Wiggins Pass Road swale has the capacity to handle the additional site discharge
and that a positive outfall exists west of U.S. 41.
ENVIRONMENTAL:
1. Amend Section VI of the PUD document to add the following:
6.6 "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."
6.7 "A Gopher Tortoise relocation/ management plan shall be submitted to
Current Planning Environmental Staff for review and approval prior to final site
plan/ construction plan approval. That plan shall contain, at a minimum, the area
where the tortoise will be relocated, the type of fencing and its design, whether or
not it will be necessary to provide additional plantings in that area for food or if
food will be supplemented and the person responsible for the implementation of
the plan."
6.8 "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."
-- Environmental Advisory Board Minutes August 6, 1997
Page 4
c. 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.
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.
d. 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
Resource Permit Rules and be subject to review and approval by Current
Planning Environmental Staff.
e. 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 Staff for review
and approval prior to final site plan/construction plan approval.
f. Petitioner shall comply with the guidelines and recommendations of the
U.S. Fish and 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.
*******
DISCUSSION: A brief discussion took place to address Board Member policy.
Staff handed out Ordinance 92-44 to EAB members who were
present. It was the desire of the BCC that this ordinance be the
document to supersede Division 5.13 of the LDC (the EAB ordinance)
in regards to membership qualification requirements, attendance, review
'- of the EAB, and conflict and severability. The EAB members discussed
attendance and decided that all members have to notify Staff by 5:00 the
Friday before the EAB meeting in order to qualify for an excused
Environmental Advisory Board Minutes August 6, 1997
Page 5
absence. After that time it is the responsibility of the EAB member to
contact the current Chairman and request an excused absence. It is up to
the Chairman whether to grant the excused absence or not.
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
David S. Wilkison, Chairman
Min/pd/h:/EAB Staff Reports/8-6-97EAB Minutes
-- FORM 4 MEMORANDUM OF VOTING CONFLICT
LAST. ME-FIRST NAME-MIDDLE NAME
/ I"/'J'JQ✓Js� 1 �C��,� / THE BOARD, COU NCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON
/ ` WHICH I SERVE IS A UNIT OF:
MAILING ADDRESS
_72...C__:77 ,',71.
. -7 ' ..Ce CA 0 CITY XCOUNTY 0 OTHER LOCAL AGENCY 0 STATE
CUT
Aa /e3 Lc/, ' Gr— NAME OF POLITICAL SUBDIVISION OR STATE AGENCY
DATE ON WHICH VOTE OCCjRRED /
8/6 9 7
NAME OF•BOARD,COUNCIL jMISSIQN,AUTHORITY. MMITTEE
i n V/f-D,lm .�rJJa/1/l S vY 36dG7r
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 be made.// �7
I, the undersigned local public officer, hereby disclose that on A-1 N'S r C , 19 / ••
(a) I abstained from voting on a matter which(check one):
inured to my special private gain; or `�'
---'\ inured to the special gain ofar/G % ~�/ /AGI s�-�- , by whom I am retained.
T15 're/7(tJs ,/). s R.C 5 72,/
PAGF
CE FORM 4-REV.10-84
I
(b) The measure on which 1 abstained and the nature of my interest in the measure is as follows: `
GAS /fr(% yg/,, s mss /Eiaf UCj
92-6, „0.001:00.0.
.8•7 /9 2
Date Filed Signature
Please sec 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.
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§11/317(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 55.000.
E FORM 4-REV. 10-84
PAGE:
{
FORM 4 MEMORANDUM OF VOTING CONFLICT
'LAST NAME-FIRST NAME-MIDDLE NAME
-T--- LE N — r, ` � _ A
o LE • THE BOARD, COUNCIL,COMMISSION, AUTHORITY. OR COMMITTEE ON
WHICH 1 SERVE ISA UNIT OF:
I MAILING ADDRESS �[ � J� �
I AD 33 0A< ["^o rLF"-�t ti)( -- 0 CITY CQUN'rY 0 OTHER LOCAL AGENCY 0 STATE
CI COUNTY �
NA.?LE) r("- Co re NAME OF POLITICAL SUBDIVISION OR STATE AGENCY
I DATE ON WHICH VOTEOCCURRE
$ f6y7
NAME OF-BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
GO(( CO . • amt. X40✓ . 400 2
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 are faced with a voting conflict of
intcrest. ,
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:
i•
(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 m de.
elocalpublic officer, herebydisclose that on gb 19 ? _ :
1, the undersigned ,
(a) 1 abstained from voting on a matter which(check one):
inured to my special private gain; or
V inured to the special gain of Re Ut( 1( . by whom 1 am retained.
-
'E FORM 4-REV.10-84 PAGE
(b)The measure on which I abstained and the nature of my interest in the measure is as follows: -
C P O q ? -• y
-re "'` No. V, 8 .
•
SI6 lq ")
•
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 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 4112317(1983).A FAILURE TO MAKE ANY REQUIRED DISCLOSURECONSTITUTESGROUNOS FOR AND MAY/ '\
DE 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 0.000.
E FORM 4-REV.1044 PAGE: