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EAC Minutes 11/05/1997 • MINUTES OF THE ENVIRONMENTAL ADVISORY BOARD DATE: November 5, 1997 TIME: 9:00 a.m. PLACE: 3RD Floor Boardroom, Administration Building, Collier County Government Center, Naples, Florida EAB STAFF PRESENT Dejong X Burgeson X Espinar X Chrzanowski X Foley X Lenberger X Hermanson Absent Mulhere X Hill X Reischl X Hinchcliff X Seal X Saadeh X MINUTES BY: Stephen Lenberger, Environmental Specialist II CALLED TO ORDER AT: 9:00 a.m. ADJOURNED AT: 10:15 a.m. PRESIDING: Paul Hinchcliff, Chairman ADDENDA TO THE AGENDA: Item SDP-97-123 (Naples Memorial Gardens) requested to be withdrawn by petitioner. APPROVAL OF MINUTES: Motion made by Mr. Foley, seconded by Mr. Saadeh and carried 6/0, to approve minutes of October 1, 1997. ITEM: Regular Agenda- Item V.A PETITION NO: Final Site Development Plan Amendment No. SDP-90-69C "Vintage Bay" „,\ Environmental Advisory Board Minutes .November 5, 1997 Page 2 REQUESTING: Vintage Bay is an approved multi-family condominium complex located within the Marco Shores PUD. The proposed amendment is for the addition of three overlook boardwalks. REPRESENTED BY: Russ Danser, The Phoenix Environmental Group, Inc. MOTION: Made by Mr. Foley, seconded by Mr. Saadeh and carried 6/0, to approve Final Site Development Plan Amendment No. SDP-90-69C with staffs stipulation. Environmental: 1. The overlook boardwalks which extend into Barfield Bay shall never be used as boat docks. This would preclude the installation of cleats for the purpose of mooring boats. ITEM: Regular Agenda-Item V.B PETITION NO: Planned Unit Development Petition No. PUD-97-13 "Veterans Park Center PUD” REQUESTING: Veterans Park Center is a planned development of commercial acreage with a potential of a mixture of uses limited to medical support, medically related and other uses which are consistent with the provisions of the Collier County Comprehensive Plan. REPRESENTED BY: Michael Fernandez, Planning Development, Inc. Marco Espinar, Collier Environmental Consultants MOTION: Made by Mr. Foley, seconded by Mr. Saadeh and carried 5/0, to approve Planned Unit Development Petition No. PUD-97-13 with amended stipulations. Mr. Espinar abstained from the vote. Water Management: The developer will remove all exotics, debris, trash, and snags for the total width and length of Horse Creek within the project boundary. Environmental Advisory Board Minutes November 5, 1997 Page 3 Environmental: Create an Environmental sub-section, in the PUD document under Development Commitments and add the following: 1. 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. 2. An exotic vegetation removal and maintenance plan (CCLDC shall be submitted at the time of Site Development Plan review. 3. Petitioner shall amend the PUD Master Plan to add the following language to the land use chart: "A minimum of 1.3 acres of native vegetation shall be preserved for this PUD. Tract A and Tract B shall each retain a minimum of 15% of the existing native vegetation". The following language shall be added to the PUD document under the newly created Environmental Sub-section: "A minimum of 1.3 acres of native vegetation shall be preserved for this PUD. Tract A and Tract B shall each retain a minimum of 15% of the existing native vegetation. These areas shall be identified at the time of final site development plan submittal". 4. Buffers shall be provided in accordance with CCLDC Section 3.2.8.4.6.3.. All Preserve areas shall be recorded, by separate instrument, as conservation/preservation tracts or easements dedicated to an approved entity and 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. Contact Collier County Real Property Division if the conservation areas are to be dedicated to Collier County. 5. 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. 6. 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. 7. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit rules and be subject to review and approval by Collier County Current Planning Environmental Staff. Removal of exotic vegetation shall not be the sole mitigation for impacts to Collier County wetlands. Environmental Advisory Board Minutes .November 5, 1997 Page 4 8. Buffers shall bep rovided 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 Collier County Current Planning Environmental Staff. 9. At the time of site development plan approval the petitioner shall field adjust the proposed lake and infrastructure to preserve the maximum amount of xeric oak habitat and therefor minimize the impacts to the active Gopher tortoise burrows. ITEM: Regular Agenda- Item V.0 PETITION NO: Final Site Development Plan Amendment No. SDP-97-123 "Naples Memorial Gardens" WITHDRAWN ITEM: Regular Agenda-Item V.D PETITION NO: Conditional Use Petition No. CU-97-17 "Wind Dancer Airboat Tours and Alligator Farm" REQUESTING: The petitioner is requesting a conditional use for airboat tour operations on a parcel of land approximately 194 acres in size. Proposed site facilities include parking, boat docks, administration building and alligator exhibit. REPRESENTED BY: Beau Keene, Keene Engineering Marco Espinar, Collier Environmental Consultants PUBLIC SPEAKERS: Teresa House, Everglades Private Airboat Tours Robert Henry, Collier Seminole State Park MOTION: Made by Mr. Foley, seconded by Mr. Saadeh and carried 4/1, to approve Conditional Use Petition No. CU-97-17 with added stipulations: Environmental Advisory Board Minutes .November 5, 1997 Page 5 Environmental: 1. At the time of private airboat tour operation commencement, the petitioner shall install and maintain no trespassing signage along the entire property line every 300+yards. The entire property shall be utilized specifically for commercial conservation/ecological tours and exhibits. There shall be no other permitted uses associated with this conditional use. 2. The applicant shall utilize existing airboat trails in a round trip method according to the proposed existing trails identified on the aerial submitted on September 12, 1997. 3. Permits or letters of exemption from the U.S. Army Corps of Engineers, Florida Department of Environmental Protection and the South Florida Water Management District shall be presented for the boat docks prior to the issuance of a final site development plan approval. 4. Prior to the issuance of a Certificate of Occupancy all exotic vegetation as defined by the Collier County Land Development Code shall be removed at a minimum of fifty (50) foot buffer from the approved final development plan development footprint. The fifty (50) foot buffer area and all developed areas shall be maintained free of exotic vegetation (Collier County Land Development Code Section 2.2.24.7.4.18). 5. Upon issuance, the building permit is subject to a forty-five(45) day appeal period by the Florida Department of Community Affairs (DCA). 6. The petitioner shall assist and work with the applicable state and federal agencies (i.e., U.S. Fish and Wildlife Service, Florida Game and Fresh Water Fish Commission, etc.) to prepare base line environmental studies. 7. The airboats shall only be equipped with non-aircraft engines including spark arrestors and properly muffled to reduce the noise as much as possible. 8. Airboats shall be limited to a maximum length of eighteen(18) feet and no more than ten (10) people aboard, including the driver. 9. No more than three(3) airboats shall be allowed to operate at this site, at any one time. 10. The alligator farm shall be utizied for exhibit purposes only. No commercial farming of alligators or crocodiles shall be allowed. Only native florida species of crocodilians shall be allowed on the subject property. Environmental Advisory Board Minutes November 5, 1997 Page 6 11. Airboats shall only be allowed to operate during daylight hours, one hour after sunrise to one hour before sunset. ******* 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 fly t _ Paul Hin 'Ts Ch. man Fr �. FORM _ r 4 . MEMORANDUM OF VOTING CONFLICT LAST.tIA4E-FIRST NAME-MID E NAME ,6.5:4161.e /ee� ��.a THE BOARD, COUNCIL,COMMISSION. AUTHORITY. OR COMMITTEE ON � ???vvv WHICH 1 SERVE ISA UNIT OF: fy.4.l•Ll` ADDRESS Q D sL �� 0 CITY l _COUNTY O OTHER LOCAL AGENCY O S C1TY : _ TATE _ / COUNT y 4s NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED _ __ //4v'• NAME OF-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, whether state or local,and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of interest. • . As the voting conflict requirements for public officers at theiocal 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. FART 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 1 12.3143(3), Florida Statutes(Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM ()TING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from owingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government •gency 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 �v ‘r 19 /7 (a) I abstained from voting on a matter which(check one): inured to my special private gain; or inured to the special gain of A it /�Mc6e.0"—.•11/i 3D4 t v/•5 ,by whom 1 am retained. CE FORM 4.REV. 10-84 - PAGE (b) The measure onwhich I abstained and the nature of my interest in the measure is as follows: / t - C�a^ / 7Lc .4�� / •cam,_-T • • Ala • Gree D:to F ed 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¢112317(1983).A FAILURE TO MAKE ANY REQUIRED DISCLOSURECONSTITU'TES GROUNDS FOR AND MAN 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. 1044 PAGE: rt - FORMA 4 . MEMORANDUM OF VOTING CONFLICT __ LAST NAME-FIRST NAME-MI DLE NAME / eNA� ��� fJ� � d THE BOARD, COUNCIL,COMMISSION, AUTHORITY, OR COMMITTEE ON ���((! WHICH 1 SERVE IS A UNIT OF: QLQILf NG ADDRESS �,----��� x$80 . "��'cy .,•/-4-z 'CITY // 0 CITY COUNTY O OTHER LOCAL AGENCY O STATE " _ COUUNNTY/ _ _ ����s `�I�� , NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED - /Vf1V. ..5; /!'c2 NAME OF•BOARD,COUNCIL.,COMMISSION,AUTHORITY.OR COMMITTEE 1 .-f(3 "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 interest. • . . As the voting conflict requirements for public officers at thelocal 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 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 �✓ ,..5---- 19 ,"7 (a) 1 abstaine rom voting on a matter which(check one): — inured to my special private gain; or inured to the special gain of 14-4,--,9-#1, <"a-X (-I:1 4,- l,./ .z.) ,by whom I am retained. CE 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: „ • 4 �nsel /4. / `7 e r7` '� dioort r: Date Fi d Sig 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).] - 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 interes 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¢112.317(1983).A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAI 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. • • CE FORM 4.REV. 1044 PAGE: