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EAC Minutes 11/06/2002 RNovember 6, 2002 TRANSCRIPT OF THE MEETING OF THE ENVIRONMENTAL ADVISORY COMMITTEE NAPLES FL November 6, 2002 LET IT BE REMEMBERED, that the Environmental Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 9:00AM in regular session in Building "F" of the Government Complex, East Naples, Naples FL, with the following members present: Members: Thomas Sansbury Michael G. Coe Alfred Gal Ed Carlson Erica Lynne Collier County: Bill Lorenz, Barb Burgeson, Stan Chrzanowski, Patrick White, Majorie Student, Laura Roys, Stephen Lenberger Page 1 ENVIRONMENTAL ADVISORY COUNCIL AGENDA November 6, 2002 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F")- Third Floor II. III. IV. Ve VII. Viii. IX. Roll Call Approval of Agenda Approval of October 16, 2002 Meeting Minutes Land Use Petitions A. Planned Unit Development Amendment No. PUDA-2002-AR-2702 "Lands End Preserve PUD" Section 4 & 5, Township 51 South, Range 26 East 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 ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on October 30, 2002 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (732-2505) Old Business: New Business: A. Brief discussion about proposed interagency agreement for wildlife protection. Council Member Comments Public Comments Adjournment November 6, 2002 THE ENVIRONMENTAL ADVISORY COMMITTEE Government Complex, Building "F" 3301 Tamiami Trail Naples, FL 9:00AM Minutes November 6, 2002 Chairman Thomas Sansbury called the meeting to order at 9:05am. Attendance: Members: Thomas Sansbury, Michael G. Coe, Alfred Gal, Ed Carlson, Erica Lyrme Ken Humiston and Alexandra Santoro had excused absences. Collier County: Bill Lorenz, Barbara Burgeson, Stephen Lenberger, Stan Chrzanowski, Patrick White, Majorie Student, Laura Roys. II. Approval of Agenda -There were no additions, deletions, or changes to the agenda. III. Approval of Minutes -The minutes for October 16, 2002 were not available. The Approval of minutes was continued until the next meeting after they could be reviewed. III. Land Use Petitions A) Planned Unit Development Amendment No. PUDA-2002-AR-2702 "Lands End Preserve PUD" Section 4 & 5, Township 51 South, Range 26 East -Mr. Sansbury stated that they did have a quorum, but two of the members present were abstaining from voting on this petition due to conflicts. Page 2 November 6, 2002 -Mr. White stated they should proceed with other items on the agenda first, since they were expecting Mr. Sorrel and Mr. Dowd to arrive. -Barbara Burgeson stated that Mr. Sorrel and Mr. Dowd had not called staff to say they would be absent, and the other item on the agenda would only take two minutes. -Ray Bellows stated that they needed five members for a quorum on this petition. He suggested a continuance if the Mr. Sorrel and Mr. Dowd did not arrive in a few minutes. -The committee decided to hear the other items on the agenda and then return to this petition. IV. Old Business -There was no old business to discuss. New Business -Barbara Burgeson informed the committee that a creation of an interagency agreement was made between Collier County, the U.S. Fish & Wildlife Service, and the Wildlife Conservation Commission. She explained that staff has been considering this for many years. In June of 2002 staff met with the different agencies, including EPA, DEP, U.S. Fish & Wildlife Service, South Florida Water Management District, and the Fish & Wildlife Conservation Commission to discuss protected species issues, habitat management, and protection. She referred to a memo provided to the committee, which discussed three options that Collier County had been presented with, in order to create and better manage the habitats and the species. The first option was to come to some agreement of understanding between the County and the two agencies. This would create an understanding that the county would be reviewing the petitions and projects in accordance with their guidelines and recommendations. The second option was to adopt a habitat conservation plan, which is a more formal delegation. In this option Collier County would be authorized by the two committees to do their reviews for them. The county would not rely on them for input in this process. The county would review the petitions as the two agencies delegation to the county, and the county would have the final authority. The last option has SLOPES, which is special local operating procedures for endangered species. This is the option most counties in the area are choosing. SLOPES are created for the specifics of the local area. The county would then use these specific guidelines in their determinations. U.S. Fish & Wildlife is working on a packet of possible guidelines for the county to review. Barbara Burgeson explained they will Page 3 November 6, 2002 review the options and create a draft that they hope to bring before the board and different agencies in late spring 2003. Return to "Lands End Preserve PUD" -Mr. Sansbury asked if they could review the petition and informally vote as long as they included a statement in the record that explained only three members were present to vote. -Barbara Burgeson explained that this item cannot even be discussed without a quorum. -Rich Ivanovich, representing the petitioner, stated that he believed they could here the material and send a formal summary, along with the votes of the three members, that explained no formal action was taken. He explained this was because they had a quorum to hear the material, just not for a formal vote. Due to time lines and contractual issues of the petitioner, he requested that they still be heard today. -Mr. White stated that this has been addressed in a number of Attorney General Opinions in 1985 & 1996. The opinion says that when a member of a local board is required to abstain pursuant to 3143 ,Chapter 112, then the local board member is disqualified from voting and may not be counted for the purposes of determining a quorum. He explained that for the purposes considering this petition that they do not have enough member for a quorum. -Mr. Gal asked if there was any way that he could disclose his reasons for abstaining and have the county waive the conflict, which would allow him to vote. -Mr. White stated that he believed the nature of the conflict that Mr. Gal was considering disclosing, was of a nature that required him to abstain from voting, therefore he did not think that it could be waived. -Mr. Coe made a motion to continue this petition to the next meeting. It was seconded by Erica Lynne. The motion passed 4-1, Mr. Gal opposed. -Mr. Sansbury stated that he wanted to send an email notification to all the members of the committee, which would explained the importance of notifying staff if they are unable to attend a meeting. -Barbara Burgeson said they could send an email out every month, one week before the meeting requesting confirmation for a quorum. Page 4 November 6, 2002 -Mr. Sansbury stated he would like to send a "one-time basis" email that requested members inform staff of there attendance. Mr. White informed him that they could move to do so in this meeting. -Mr. Ivanovich asked for a brief recess where staff could attempt to reach Mr. Sorrel and Mr. Dowd to see when and if they would be arriving. He explained that if they were not heard this month, then the purchaser will have to decide whether or not to begin without the zoning in place. -The committee agreed to the recess and committed to staying if Mr. Dowd and Mr. Sorrel could arrive within approximately 15 minutes after they were contacted. Barbara Burgeson stated staff would call for the numbers and attempt to reach the two members during the ten minute recess. -Erica Lynne moved that the chairman be authorized to write a letter or an email, reminding all of the EAC members to inform staff if they cannot make a meeting. It was seconded by Mr. Coe. -Mr. White stated that he sits in on another quasi-judicial committee where the individual members are required to contact the chair in order to attain an excused absence. If they only contact the staff, or if they do not contact the staff or the chair, then there absence is marked unexcused. This keeps track of their attendance and subsequently there eligibility to remain on the board. He offered this as a suggestion for their deliberations. -Erica Lynne amended her motion to include, the contact of the chairman, if a member was unable to attend. Mr. Coe amended his second the same. All were in favor of the motion, the motion passed unanimously, 5-0. -Mr. Sansbury apologized for any inconveniences to the public, the petitioner, the staff, and the other EAC members. -Mr. Coe made a motion for a ten minute recess. It was seconded by Mr. Sansbury. All were in favor, the motion passed unanimously, 5-0. -At 9:20 AM, a ten minute recess was taken. -Mr. Sansbury stated that, "unfortunately", Barbara was unable to contact either of the members by phone. He then asked Mr. White for any other suggestions. Page 5 November 6, 2002 -Mr. White suggested a special meeting held prior to the next meeting, in order to accommodate the petitioner. -Mr. Gal asked if a joint meeting between the EAC and the CCPC had ever been held. -Mr. Sansbury informed him that it had not, because of basic differences. -Mr. Gal moved that the EAC take no action on this petition and that they send it to the CCPC and the BCC. -Mr. Coe stated that he was against this, since the environmental issues were great, and he felt it definitely should come before the EAC. -The members discussed availability before the CCPC hearing of this issue on November 21, 2002. Two members, who could vote, were available on November 13, 14, or 15 of 2002. Barbara Burgeson stated she would contact the absent members and attempt to set a meeting on one of the three dates. -Mr. White requested the two members, who were abstaining from the vote, would put there disclosures on the record, so they may show, formally, the absence of a quorum. -Mr. Carlson stated he had a conflict because his employer has owned the adjacent property for over fifty years and they have an active wildlife sanctuary operation there that he is in charge of. He feels this petition could have a very negative impact on his employer and therefore he was abstaining. -Mr. Gal stated that his law firm represents the applicant and he is on the board of directors for the "Friends of Rookery Bay", who have an interest in the outcome of this petition. -Mr. White stated that both Mr. Gal and Mr. Carlson had filled out form 8-B. V. Adjournment - adjournment was at 9:38 AM. Page 6 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS lAME OF BOARD, COUNCIL, COMt~Sl(~, AU'~"tO~IITY. OR COMMR"rEE -- ~ THE BOARD, COUNCIL, COMMISSION, A~HOP. I~ OR COMM~ I ~ ~ ~ WHICH I SERVE tS A UNIT OF: ~?u~w NAME OF POLITICAL SUBDIVISION: MY POSITION IS: n ELECTIVE OTHER LOCAL AGENCY ;~"APPOINTIVE 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. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending ~n whether you hold an elective or appointive position. For this reason, please pay cfose attention to the instructions on this form before sompleting the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION .112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidia:ry of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must 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 recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other members of the agency .... · The form must be read publicly at the next meeting after the form is flied. IF YOU MAKE NO A'I-FEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating. · You must 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 must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, ~'~ h i/t,) ~',. (_~ ~ (.~-~ C:,~,1, hereby disclose that on / / '-- 5~ (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate,. inured to the special gain or loss of my relative, .~-- inured to the special gain or loss of ,~;t,~.( whom I am retained; or inured to the special gain or loss of is the parent organization or subsidia~ of a principal which has retained me. (b} The measure before my agency and the nature of my conflicting interest in the measure is as follows: which Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONS'~ITUTES 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 $10,000. CE FORM 8B - REV. 1/98 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR ,.OUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAME OF BOARD, COUNCIL_COMMISSION, AUTHORITY, OR COMMFi-rEE '_AST NAME--FIRS.._T NAME--MIDDLE NAME THE BOARD, COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON MAILING ADD~ESS DATE ON WHICH VOTE OCCURRED / COUNTY WHICH I SERVE IS A UNIT OF: 0 CITY ~:~CO U NTY N~E OiF~O _L~rcJ.CAL SOB~IVISION: OTHER LOCAL AGENCY MY POSITION IS: [/ 0 ELECTIVE & APPOINTIVE 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. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending ~n 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 .112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must 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 recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) PAGE 1 CE FORM 8B - REV. 1/98 ..... APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO A']-I'EMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating. · You must 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 must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST : (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; ~ inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: by which Date Filed Signature ./ ~.,//~ ' NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 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 $10,000. CE FORM 8B - REV. 1/98 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME--MIDDLE NA~E MAILING ADDRESS DATE ON WHICH VOTE OCCURRED N~t.~..~ OF BOARD, COUNCIL. COM?~sI(~, AUT~O~Ty, OR COMMITTEE E BOARD, COUNCIL. COMMISSION, AUTHOR TY OR COMMITTEE Of N WHICH I SERVE S A UNIT OF: [3 CITY .,7~?UNTY El OTHER LOCAL AGENCY NAME OF P~LITICC, L ~;UBDIVISION: ~ MY POSITION IS: El ELECTIVE ~ t 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. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending ~n 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 .112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: t tn addition to abstaining from voting in the situations described above, you must 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 recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - REV. 1/98 PAGE 1 APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other members of the agency. · The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must disclose orally the nature of your conflict in the measure before participating. · You must 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 must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, /i - 5-- 2.. inured to the special gain or loss of my relative, ~- inured to the special gain or loss of ~ whom I am retained; or inured to the special gain or loss of , is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed , which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, 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 $10,000. PAGE 2 CF FORM 8B - REV. 1/98