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EAC Agenda 10/01/2008 ENVIRONMENTAL ADVISORY COUNCIL AGENDA October 1, 2008 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") —Third Floor I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of September 3, 2008 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Site Development Plan No. SDP-2006 -AR 9022 Abercia South SDP ( Minutes will be mailed in a separate mailing) Section 33, Township 49 South, Range 26 East B. Environmental Impact Statement- EIS- 2008-AR-13641 Magnolia Pond Residential Subdivision EIS ( Minutes will be mailed in a separate mailing) Section 33, Township 49 South, Range 26 East VII. New Business A. Sunshine Laws Presentation VIII. Old Business A. Update members on projects IX. Subcommittee Reports X. Staff Comments Xl. Council Member Comments XII. Public Comments XIII. Adjournment ******************************************************************* Council Members: Please notify Summer Araque, Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on September 25, 2008 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (530- 6290). 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. September 3, 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, September 3, 2008 LET IT BE REMEMBERED, that the Collier County Environmental Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION at Building"F" of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: William Hughes VICE CHAIRMAN: Dr. Judith Hushon (Excused) Noah Standridge David Bishof Nick Penniman (Excused) Michael V. Sorrell Dr. Llew Williams (Excused) Paul Lehmann Quin Kurth ALSO PRESENT: Steve Williams, Assistant County Attorney Susan Mason, Principal Environmental Specialist Stan Chrzanowski, PE, Engineering Manager Summer Brown-Araque, Sr. Environmentalist Specialist • Barbara Burgeson, Principal Environmental Specialist Chris D'Arco, Environmental Specialist ^ ENVIRONMENTAL ADVISORY COUNCIL AGENDA September 3,2008 9:00 A.M. Commission Boardroom W. Harmon Turner Building(Building "F")—Third Floor PACKETS WERE SENT OUT WITH LAST MONTH'S AGENDA I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of July 2, 2008 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. Land Use Petitions A. Site Development Plan No. SDP-2007-AR 12003 Gridley Medical Center SDP Section 33, Township 50 South, Range 26 East B. Environmental Impact Statement- EIS-2007-AR-12622 Willow Run Quarry EIS Sections 11-14, Township 50 South, Range 26 East VII. New Business VIII. Old Business A. Update members on projects IX. Subcommittee Reports X. Staff Comments A. CCPC and BCC staff reports—Discussion of sending to EAC Xl. Council Member Comments XII. Public Comments XIII. Adjournment Council Members: Please notify Summer Araque, Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on August 28, 2008 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition(252-62901 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. September 3,2008 I. Call to Order Chairman Hughes called the meeting to order at 9:00AM. II. Roll Call Roll call was taken and a quorum was established. III. Approval of Agenda Mr. Bishof moved to approve the agenda. Second by Mr. Lehmann. Carried unanimously 6-0. IV. Approval of July 2, 2008 meeting minutes Mr. Sorrell moved to approve the minutes of the July 2, 2008 meeting. Second by Mr. Bishof. Carried unanimously 6-0. Chairman Hughes noted at last months Planning Commission meeting, some members of the Environmental Engineering Staff stated all the proposed Land Development Code (LDC) changes had been reviewed by the Environmental Advisory Council,which was not an entirely accurate statement. Due to the lack of a quorum for the August Environmental Advisory Council meeting,the Council was unable to review the final drafts of the LDC changes. V. Upcoming Environmental Advisory Council Absences Chairman Hughes addressed the Council Members stressing the importance of being present for Environmental Advisory Council meetings. The August meeting was cancelled due to a lack of a quorum, which caused unnecessary costs and inconvenience to all parties involved. He noted he has been lenient in members not being present due to the quality of the individual members,and recognizes serving on the Council is voluntary and honorable,however in the future will be more stringent regarding members being declared"excused"or"absent." He will provide a memo regarding this issue to all Council members. Summer Brown- Araque,Sr. Environmental Specialist reviewed the Advisory Committee Absence policy noting 2 absences or more(by a member) empowers the Chairman to have a member removed from a Board if he so chooses. VI. Land Use Petitions A. Site Development Plan No. SDP-2007-AR 12003 Gridley Medical Center SDP Section 33, Township 50 South,Range 26 East The presenters were sworn in Chairman Hughes formerly apologized to the applicants for last months delay(due to a lack of a quorum.) 2 September 3, 2008 Alicia Lewis of Boylan Environmental Consultants represented the Applicant and stated she has previously been registered as a lobbyist in Collier County. She provided an overview of the project noting the following: • The project is approximately 300 feet north of the intersection of Collier Blvd and US 41 across from Lely Resort Blvd. • A majority of the lands are disturbed with the remaining infested with exotic vegetation. • The two areas of wetlands on the property were evaluated and the impacts on them were permitted by South Florida Water Management District on 1/08/08 (permit#11-02802-P)and the Army Corps of Engineers on 7/29/08 (permit# SAJ 20074314 SP-BAL.) • The permits require mitigation credits for impacts on the wetlands(0.36 credits at Panther Island Mitigation Bank and 0.53 credits at Big Cypress Mitigation Bank.) The credits have been purchased. • The Control Elevation for the site was set at 4.7' NGVD • The project provides for a 0.37 acre preserve to be replanted as a mixed hardwood area for hydrologic maintenance purposes. • The preserve will be treated for Category 1 and 2 exotics into perpetuity. • There were 4 active gopher tortoise burrows observed within the disturbed area of the project. The tortoises are to be re-located outside Collier County in accordance with Florida Fish and Wildlife Conservation Commission permit#WR08229. • The Army Corps of Engineers permit requires signage on-site during construction protecting any Indigo Snakes encountered. • The Wood Stork and Florida Panther impacts were mitigated by the off site mitigation requirements. Michael Herrera,Q Grady Minor Associates P.A.,consultant for the applicant addressed the Council on the details of the site plan noting the following: • It has a.15 CFS (cubic feet per second) allowable discharge rate discharging southeasterly to the C-4 Collier County drainage canal. • The surface water management system is a"dry system." • The Control Elevation was established via previous permit data on an adjacent project and confirmed by on-site hydrological indicators. • The total acreage of the site is 3.56 acres and the onsite preserve is not within the surface water management system. A discussion ensued regarding the feasibility of re-locating Gopher Tortoises within developed sites or in closer proximity to the projects proposed(within Collier County.) It was noted that the cost to re-locate the two subject Gopher Tortoises is approximately$50,000 It was suggested Staff review policies in this area to determine if there are more feasible options of allowing the Tortoises to remain within Collier County(Pepper Ranch, etc.) 3 September 3, 2008 It was noted the areas approved for re-location within Collier County may have reached capacity. Chris D'Arco,Environmental Specialist stated the Bear Management Plan has been submitted and shown on the site plans. Mr.Sorrell moved to approve the Application (Site Development Plan No. SDP- 2007-AR 12003 Gridley Medical Center SDP.) Second by Mr. Kurth. Carried unanimously 6-0. B. Environmental Impact Statement—EIS—2007—AR-12622 Willow Run Quarry EIS Section 11-14,Township 50 South,Range 26 East The presenters were sworn in Michael Delate, Q. Grady Minor and Associates, PA represented the Applicant provided and overview of the application noting the following: • The site is an existing rock quarry which has been in operation for 20 years. • Request is for clearing an area for an expansion of use. The permission to clear this area and related Environmental Impact Statement has expired. • The Conditional Use permit is still valid for the mining operation in the area. • There is no off-site(Stormwater)discharge for the site as it is bermed • All areas to be cleared are outside the Conservation Easement lands. Maureen Bonness,Biologist and Natural Area Manager for the Applicant noted the following: • There is a successful ongoing on-site mitigation preserve as indicated by the permittees • The applicant has gone"above and beyond"the permit requirements with controlled burns, a Gopher Tortoise recipient site, etc. • The Gopher Tortoise recipient site is at capacity with the Quarry continuing to operate. • The site is a Red Cockated Woodpecker Safe Harbor area. • Workshops are held on site regarding Gopher Tortoise Biology for interested professionals. • All the mitigation required has been completed. • The area requested for clearing is approximately 26 acres infested with Melaleuca. • The reserve is adjacent to the Picayune State Forest. • In clarification some of the clearing is within the Conservation Easement lands. • The borrow pit lake will be hydrologically connected to the preserve as required by the State of Florida 4 September 3, 2008 Mr.Bishof expressed concern regarding the water quality(dissolved oxygen content, etc.) of a borrow pit lake and its direct connectivity to Preserve water. Maureen Bonness noted the applicant has tested water quality in the past with"no problems" (in the water quality). Clark Learning, Land Manager for Willow Run Trust stated they are required to monitor water quality annually including dissolved oxygen, salinity; however no dissolved oxygen profile for the entire 50 foot depth is conducted. He did not have the results(on hand)of the dissolved oxygen content tests. A discussion ensued regarding the Preservation Requirements of the Land Development Code. Maureen Bonness noted this applicant was required to provide a Native Preserve Area equal to 15 percent of the"entire site",as opposed to an area equal to 15 percent of the"existing"native vegetation as required in the LDC. She expressed concern that these Sections of the Land Development Code are not being implemented properly. Chairman Hughes noted the Environmental Advisory Council is a venue for appeals if applicants feel they are not being treated fairly in the implementation of the Land Development Code. Mr.Bishof requested clarification on the status of the Gopher Tortoise Population. Maureen Bonness provided the following estimates: • 15 originally on site • 56 Relocated to the site • 180 burrows/80-90 tortoises estimated on site • 45 acres of Gopher Tortoise habitat(2 tortoise per acre, the maximum per acre allowed) Michael Delate reviewed the status of the existing permits; and stated the mining permit is still valid and will not need a new review. The original permit to clear vegetation in the area has expired and will need to be renewed. Clark Learning noted that the entire Conservation Area and Preserve is reserved into perpetuity. He noted the issue on Page 2 of the Staff Report regarding the Conservation Easement("The current draft Conservation Easement submitted for the project is not sufficient")is being addressed by the Applicant. Chris D'Arco,Environmental Specialist addressed the Native Vegetation calculations for the project noting the(area equal to) 15%was based on the (total) area prior to any clearing or mining operations. Any areas with exotics that qualified for deductions could have been addressed at that time by the applicant. With regard to the Rural Fringe Areas within the project, the area equal to 15 percent(of the entire site)applies to that portion of the project. Staff recommends approval of Environmental Impact Statement—EIS-2007 AR- 12622 with the following conditions(1-3): 5 September 3, 2008 (1. A Florida Fish and Wildlife Conservation Commission relocation permit shall be obtained for a gopher tortoises(Gopherus Polyphemus) found on site prior to the proposed clearing activities and a copy shall be forwarded to staff.) (2. Provide a report to the Environmental Services staff on the results of the relocations of the gopher tortoises within thirty days of relocation. The report must contain the following information: the number of burrows excavated,the number of tortoises relocated, and the final relocation site) (3. All required preserve and listed species management plans will be incorporated as part of the Vegetation Removal and amended Excavation Permits.) He noted with condition numbers 1 and 2, a relocation permit was obtained and the Report had been submitted by the applicant with the activities completed under FWC (Florida Fish and Wildlife Conservation Commission)permit#GTRS-2008 4185 and supervised by Ray Ashton. Further, as required on page 5 (paragraph 2, line 16-18)of the Staff Report,the silt fence was installed around isolated uplands to prevent re-entry by tortoises. Mr. Lehmann requested this silt fence requirement be written into the permit. Mr. Standridge moved to approve EIS 2007-AR-12622 with the following stipulations: 1. The above referenced silt fence barrier language be written into the permit. 2. The Conservation Easement Language be considered and finalized before the permit is issued. 3. All of Staff comments(recommendations listed above). Second by Mr. Bishof. Carried unanimously 6-0. Break: 10:00AM Reconvene: 10:10AM VII. New Business Stan Chrzanowski,PE,Engineering Manager reported the following: • The mining industry would like to make a presentation to the Environmental Advisory Council (EAC) and requested staff and any interested consultants be present. He will schedule this item for a future meeting. • New members are requested to individually contact staff to request maps or documents necessary to perform their functions. • County employees conducted field reviews during the aftermath of Tropical Storm Fay to assess any drainage impacts that need to be addressed. • He will send out a re-draft of the Ordinance dealing with re-certifications of previously permitted Storrnwater Management systems to EAC members. 6 September 3, 2008 r-� Chairman Hughes requested a copy of the Department of Environmental Protection documentation regarding the recent fish kills in the Golden Gate Canal. Stan Chrzanowski noted a majority of the dead fish were Tilapia and could not be removed from the water by County Ordinance. The Council directed Staff to review this policy and recommend any changes. Mr. Standridge requested clarification on the issue of the previous application's (Willow Run Quarry)Native Vegetation Requirements. Susan Mason,Environmental Specialist stated she was surprised by the applicants comment and the area equal to 15%of the entire site was based on the site in a pre- development status. If there were areas that qualified for exemptions(100% Melaleuca), etc. it should have been reflected in the Environmental Impact Statement for Staffs consideration. A portion of the project is in the Rural Fringe, since it is an expansion to an existing project,the requirement is 15 percent of the entire site as opposed to 80 percent of the area in the Rural Fringe was applied to the calculations. Mr. Standridge and Ms. Mason will review the application in an attempt to determine the disparity between the applicant and Staff. VIII. Old Business A. Update members on projects None IX. Sub-Committee Reports None X. Staff Comments Summer Brown-Araque noted there are no projects on the Planning Commission Agendas that were reviewed by the Environmental Advisory Council (EAC). If there is a case where the Planning Commission would hear applications of this type, (applications previously heard by the EAC)the(Planning Commission) Staff Reports will be emailed to the EAC members. The Board of County Commissioners(BCC) Staff reports will be available for review on line the Thursday before the following Tuesday meeting. She will send out the BCC Agenda with a reminder regarding items oh the Agenda and highlight the link for the Staff Report for Council member's convenience. The Planning Commission does receive the EAC Staff Report and a copy of the Environmental Impact Statement. The Planning Commission Staff Report includes the EAC vote and summary of the issues discussed by the EAC. She recommended any information the EAC wants forwarded to the Planning Commission be included in the motion for the specific application. Chairman Hughes re-iterated the importance of members attending EAC meetings to ensure proper information is forwarded to the Planning Commission or other necessary parties. XI. Council Member Comments 7 September 3, 2008 Summer Brown-Araque reviewed the composition of the Environmental Advisory Council: • 9 members • 2 alternates • 5 members are required for a quorum • Currently 2 vacancies for permanent members It was noted there will be a special Environmental Advisory Council(EAC) meeting on November 12, 2008 for Rural Lands Stewardship Review. Mr. Standridge will forward a draft of the updated policies for the Rural Lands Stewardship to Summer Brown- Araque to distribute to the EAC members for review XII. Public Comments None ***** There being no further business for the good of the County,the meeting was adjourned by the order of the Chair at 10:46 AM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes These Minutes were approved by the Board/Chairman on , as presented , or as amended 8 C YeEA7IINEE ITEM NO.: VR FILE NO.: 0 SEP 23 PM 2: 1 4 ROUTED TO: /� /j DATE REC'D: 0 — ENS' v 0 al DO NOT WRITE ABOVE THIS SPACE(Orig. 9/89; Rev. 6/97) REQUEST FOR LEGAL SERVICES (Please type or print) Date: 09/23/08 To: Office of the County Attorney, Attn: Heidi Ashton From: Chris D'Arco,Environmental Specialist Environmental Services Community Development and Environmental Department Services Division Telephone#: 252-2497 Re: Abercia South SDP-2006-AR-9022 and EIS-2008-AR-13641 Magnolia Pond Residential Subdivision n BACKGROUND OF REQUEST/PROBLEM: Need review EAC staff report. This item been previously submitted. EYes No (If previously submitted provide County Attorney's Office File No.RLS) ACTION REQUESTED: OTHER COMMENTS *****This has been made a priority project by Joe Schmitt. If possible, please complete this review by 9/24/08.***** cc: Bill Lorenz Joe Schmitt Marjorie Student .2.\1 D r✓ Kc D c� r✓� Y � CO> b \ )to..7)(1 6rnrI. IP 0 4 ENVIRONMENTAL ADVISORY COUNCIL Agenda Items VI A& B STAFF REPORT MEETING OF 10/1/2008 I. NAME OF PETITIONER/PROJECT: Petition No: Site Development Plan No. SDP-2006 -AR 9022 Petition Name: Abercia South SDP (Collier Boulevard Mixed Use Commerce Center) Applicant/Developer: Victoria Estates, Ltd. Engineering Consultant: Agnoli, Barber& Brundage, Inc. Environmental Consultant: Passarella and Associates, Inc. Petition No: Environmental Impact Statement- EIS- 2008-AR-13641 Petition Name: Magnolia Pond Residential Subdivision (Collier Boulevard Mixed Use Commerce Center) Applicant/Developer: Magnolia Pond Road Development Company, LLC. Engineering Consultant: Heidt&Associates Environmental Consultant: Boylan Environmental Consultants Inc. II. LOCATION: The project is located at the Northwest Quadrant of I-75 and Collier Boulevard (C.R. 951), within the Collier Boulevard Mixed Use Commerce Center PUD, in Section 34S, Township 49, Range 26E, folio number 00298120608 III. DESCRIPTION OF SURROUNDING PROPERTIES: Zoning Description North:Mixed Use PUD Undeveloped,Mixed Use South: I-75 R.O.W. then various PUD's Commercial Development East: Collier Boulevard ROW,then PUD Commercial Development West: PUD Undeveloped,Residential IV. PROJECT DESCRIPTION: This is a mixed-use planned unit development (Collier Boulevard Mixed Use Commerce Center-PUD) that is permitted for a maximum of 433 residential dwelling units and a maximum of 270,000 square feet of commercial retail space. The subject project is a commercial development proposing approximately 236,000 square feet of retail and office space on a 25.8 acre parcel. EAC Meeting Page 2 of 9 IV. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is within the Urban Designation, Commercial District, Interchange Activity Center Sub-district, Activity Center#9, as identified on the Future Land Use Map of the Growth Management Plan (GMP). Conservation & Coastal Management Element: Objective 2.2 of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing interconnected dry detention area(s) and lake(s) to provide water quality retention and peak flow attenuation during storm events. This project is consistent with the objectives of policy 6.1 and 6.2 regarding the selection of preserves. The property site contains 70.18± acres of which 60.49± acres is native vegetation. The proposed native vegetation preserve of 15.12 acres fulfills the minimum requirement of 15.12± acres or 25% of the existing native vegetation on site. Selection of native vegetation to be retained on site as a preserve area is shown to be consistent with the GMP based upon the following: Per policy 6.1.1 (4), areas known to be utilized by gopher tortoises are included in the areas of the PUD. The 15.12 acres of native preservation area consist of high quality pine,pine flatwoods, and palmetto praire habitats that currently provide gopher tortoise habitat. It was determined that the language in the PUD document requires staff to accept the "tail"portion of the preserve in the future right-of- way. As required by Policy 6.1.4, prohibited exotic vegetation shall be removed from the site and maintained in perpetuity. EAC Meeting Page 3 of 9 Two EIS's were prepared as required by Policy 6.1.8 and are supplied as part of the review packet for this submittal. As required by Policy 6.2.1 and 6.2.2, the wetland lines have been verified by the South Florida Water Management District (SFWMD) as part of the permitting process. A SFWMD Environmental Resources Permit (ERP) application is currently under review. As required by Policy 6.2.4, the project shall provide offsite mitigation for impacts to wetlands as required by the SFWMD. As required by Policy 6.2.6, the preserve area is identified on the preserve management plan as part of the site development plan. As required by Policy 7.1.2, a listed species survey was conducted on the property and is contained in the EIS (EIS AR-9022 pages 14 &15 and EIS AR-13641 exhibit 12). As required by Policy 11.1.2, correspondence was sent to the Florida Department of State Division of Historical Resources (DHR) regarding possible archaeological or historical sites within the Magnolia Pond Residential Subdivision property. In a letter dated July 3rd, 2001, the DHR stated that the no significant archaeological or historical resources are recorded within the proposed area (EIS Exhibit Q). In a letter dated January 25th, 2006, the DHR stated that no significant archaeological or historical resources are recorded within the project area of Abercia South. (EIS Exhibit 13). The letter stated that although the proposed project will not likely affect any significant archaeological sites, it is the opinion of the agency that there is a low potential for other archaeological sites to occur in the project area. VI. MAJOR ISSUES: Stormwater Management_ This project sits in the Main Golden Gate Canal basin. The allowable discharge from the site is 0.15 cfs per acre per County Ordinance 2001.27. Discharge is to the west through a related future residential site that then discharges west to an existing swale that empties to the north directly into the Main Golden Gate Canal. The project is presently under review by the SFWMD under application number 010418-12 and the latest response to a Request for Additional Information was received by SFWMD on 3 SEP 2008. The residential project to the west is also under review by SFWMD and is part of this joint application. Since the preserve on this site is not being used for the retention or detention of stormwater, the stormwater aspects of this project are exempt from review by the EAC. This site EAC Meeting Page 4 of 9 employs a standard system of retention and detention to achieve water quality standards and peak flow attenuation. Environmental: Site Description: Of the 70.18 acres of the project site, 60.49 acres qualify as native vegetation according to the definition in the GMP and LDC and has been verified by staff on site. The proposed native vegetation preserve of 15.12 acres fulfills the minimum requirement of 15.12 acres or 25% of the existing native vegetation on site. On site native vegetation communities include Pine Flatwoods (10.66± acres), Palmetto Praire (3.55 ±acres), and Pine (disturbed) (19.26± acres), Hydric pine (disturbed) (1.39±acres), Mixed pine (33.68 ± acres ), Brazillian pepper (0.33 ± acres), Cabbage Palm(0.89±acres), and streams and waterways (0.42 ±acres) . Wetlands: According to a letter from the United States Army Corps of Engineers (USACE) (EIS AR-9022 exhibit 14), there are no USACE jurisdictional wetlands located on the project site. There are 1.40± acres of South Florida Water Management District (SFWMD)jurisdictional wetlands on site. The wetland lines have been approved bythe SFWMD (EIS AR-902212) and the project is currently pg. p j under review under ERP Application No. 010418-12 (EIS AR-9022 exhibit 3). A copy of the permit shall be forwarded to environmental staff upon issuance. The project will result in impacts to 100% of the SFWMD jurisdictional wetlands. The 1.40± acres of isolated, low quality wetlands are proposed to be impacted. The wetland is low quality due to the greater than 75%Melaleuca infestation. In addition, hydrology has been severed by adjacent roadways and ditches. The 1.40± acres of wetland impacts are proposed to be mitigated for by the purchase of 0.62 wetland mitigation credits from either Big Cypress Mitigation Bank or Panther Island Mitigation bank. Preservation Requirements: The two parcels are part of the approved Planned Unit Development (PUD) Collier Boulevard Mixed Use Commerce Center (PUD 00-16) which meet the overall retained native vegetation requirements. According to the vegetation preservation and retention standards for mixed use development for an area greater than 20.0 acres, a minimum of 25 % of the native vegetation must be retained. Of the 70.18± acres of the project site, 60.49 acres qualify as native vegetation according to the definition in the GMP and LDC. The proposed native vegetation preserve area of 15.12± acres fulfills the minimum requirement of 15.12 acres of the existing native vegetation on site for the entire PUD. Section 8.2.12 of the PUD document (included in the EIS packet for AR-9022) required a 60 foot wide road reservation along the southern boundary of the PUD. This EAC Meeting Page 5 of 9 n section also allows the developer to count the reservation area toward meeting the required vegetation preservation. The reservation area is depicted on the PUD Master Plan (EIS AR- 9022 exhibit 8) and includes the 60 foot wide tail portion of the preserve. The County Attorney's office and the Community Development and Environmental Services division administrator have determined that this specific language in the PUD applies and governs concerning the shape of the preserve area. The preserve meets the minimum LDC width requirement of 20 feet and an average of 50 feet. The project preserve area is a minimum of 60 feet in width throughout. The tail portion of the preserve area is the same habitat as the gopher tortoise preserve area, however no burrows were found in that area. Listed Species: Gopher Tortoise (Gopherus polvphemus) A recent listed plant and wildlife species survey was conducted by Boylan Environmental Consultants Inc. on May 13th and 14th , 2008. The commercial portion of the PUD has a total of 10 active and 5 inactive burrows. A total of 15 active, 4 inactive, and 2 abandoned gopher tortoise burrows were identified on the residential portion of the PUD. Currently, of the 34 active and inactive gopher tortoise burrows, 18 burrows are located within the proposed native vegetation preserve. A Florida Fish and Wildlife Conservation Commision (FWCC) relocation permit shall be obtained for those gopher tortoises that are located within the development area to be relocated to the on-site native preserve area on the residential portion of the PUD. The FWCC relocation permit shall be obtained prior to the performance of any gopher tortoise related activities and prior to commencement of any construction activities. A gopher tortoise relocation and management plan is included in the EIS (EIS-AR-9020 exhibit 18). A gopher tortoise and indigenous preserve management plan is included in the Magnolia pond Residential Subdivision EIS. (EIS-AR-13641 exhibit 11). Red-Cockaded Woodpecker (RCW) (Picoides borealis) An abandoned red-cockaded woodpecker cavity tree is located on the project site.. A RCW nesting season cavity tree and foraging survey is contained in the EIS (EIS-AR-9022 exhibit 21). A 14-day nesting survey and a 14-day non- nesting survey was conducted on the property from March 4th through March 17th' 2002 and September 17th through September 30th , 2001, respectively. There were no RCW heard or observed on the property. An additional survey was conducted for 14 days from June 1St through June 15th, 2006. There were no RCW heard or observed on the property during that survey as well. In a letter from the United States Fish and Wildlife Service (USFWS) (EIS AR- 9022 exhibit 12) dated April 13th, 2007, the Service determined that "RCW do not use the Collier Boulevard Mixed Use Commerce center site for nesting or foraging and the proposed project will not increase adverse risk to the RCW." EAC Meeting Page 6 of 9 n Big Cypress Fox Squirrel (Sciurus niter avicennia) Eastern Indigo Snake (Drvmarchon corais couperi) Potential habitat for Big Cypress Fox Squirrel (BCFS) and the Eastern Indigo snake exists within the upland pine habitats. A BCFS and an Eastern Indigo snake management plan were provided to FWCC and are provided in the EIS.(EIS AR-9022 exhibits 23 & 24). Florida Panther (Puma concolor corvi) In a letter from the United States Fish and Wildlife Service(USFWS) (EIS AR- 9022 exhibit 12) dated April 13th, 2007, the Service determined that "the amount and level of surrounding urban development and lack of recent telemetry documentation of living panthers in the project area, the Service believes project impacts will not increase adverse risk to the Florida panther." Florida Black Bear (Ursus americana floridanus) The project site is located within the Florida black bear primary habitat zone. A Florida black bear management plan shall be included in both EIS's (AR-9022 & AR-13641) and on the site development plans for the commercial portion (Ar- 9022). VII. RECOMMENDATIONS: Staff recommends approval of Site Development Plan No. SDP-2006 AR - 9022 Abercia South SDP and Environmental Impact Statement EIS- 2008 AR-13641 Magnolia Pond Residential Subdivision with the following conditions: Stormwater Management: None Environmental: 1) A FWCC relocation permit shall be obtained for those gopher tortoises that are located within the development area to be relocated to the on-site native preserve area on the residential portion of the PUD. The FWCC relocation permit shall be obtained prior to the performance of any gopher tortoise related activities and prior to commencement of any construction activities. Staff will have the opportunity to inspect the recipient preserve prior to on-site relocation. 2) Please provide a report to the Environmental Services staff on the results of the relocation of the gopher tortoise within thirty days of relocation. Please provide n EAC Meeting Page 7 of 9 in the report the number of burrows excavated, the number of tortoises relocated, and the final relocation site. 3) The SDP will not be approved until a copy of the SFWMD permit is forwarded to environmental staff upon issuance and reviewed for consistency. 4) For SDP-2006 -AR 9022,please provide the following: A) the required primary and accessory preserve setbacks on the site development plans. B) include the gopher tortoise relocation and management plan on the front index of the site development plans. C) provide the Florida Department of Transportation—Florida Land Use Cover and Forms Classification(FLUCFCS) descriptions on sheet two of the site development plans. D) Provide a Florida Black Bear management plan on the site plans. EAC Meeting Page 8 of 9 PREPARED BY: STAN CHRZANOW y'.I, P.E. DATE ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT ./D CHRIS D'ARCO DATE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT 1 n/ MICHAE' SAWYER DATE SENIOR `'LANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: IMF 23-ei S "AN ASON DATE C 'AL ENVIRONMENTAL SPECIALIST I - �= ILLIAM D. L I ' NZ Jr., P.E. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR EAC Meeting Page 9 of 9 -kdt, Ott " A ( ((o 1 HE DI ASHTON-CICKO DATE ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: 'J rteCom,,,- 69"26-08 JOSEP K. SCHMITT DATE COMMUNITY DEVELOPMENT &ENVIRONMENTAL SERVICES ADMINISTRATOR n Please send the following packets to the addresses below DHL (SUMMER TIME ONLY) — all under fund 131-178984-256 1. Nick Penniman 1801 By Woods Lane Stevenson MD 21153-2004 2. William W. Hughes 4501 Rosea Ct. Naples, FL 34104 3. Judith M. Hushon 1659 Chinaberry Court Naples, FL 34105 4. Michael V. Sorrell 2335 Wilson Blvd N. Naples, FL 34120 5. Llewellyn Williams, Ph.D. 3824 Jasmine Lake Ct Naples, FL 34119 6. David Bishof 9672 Litchfield Lane Naples, FL 34109 7. Paul Lehmann t, 4009 Belair Lane Naples, FL 34103 J 8. Noah Standridge 1670 Oakes Blvd Naples, FL 34119 9. Quin L. Kurth 161 23rd Street S.W. Naples, FL 34117 Updated September 23, 2008 Government in the Sunshine Office of the County Attorney Jeffrey A. Klatzkow, County Attorney This presentation highlights the requirements of the following four sets of laws and how they relate to Board-appointed committees • The Sunshine Law • Public Records Law • Ethics Laws • Ex Parte Communications Studying for the New York State Bar Ethics Examination fl 4 Q Q 4 Q • Q Q QQQ x 4 ,Q 41111�� i fl u tPitN�c.t. t.nW fit` cgReptotluction tights obtainabls•frvm "IbNW vww.Cert anStock.cpm 1 Sunshine Law • Protects the public from "closed door" decision making and provides a right of access to governmental meetings. (F.S. §286.011 ("Sunshine Law) and Fl. Constitution Art. I, Sec. 24) *Uwe 4 VIItLVie Ntor WItFgAT *toilet) VJe ODJf I en' i VIII I> pMfIH IH Um? WRON TRW fit' l 10... !R .- I *I # yp What is Florida's Government-in-the- Sunshine Law? • Enacted in 1967 • Found in Chapter 286, Florida Statutes • Establishes a basic right of access to most meetings of boards, commissions and other governing bodies of state and local governmental agencies or authorities Y 14 2 /114 The Sunshine Law gives the public access to meetings of "any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision"AND • Allows the public to observe each preliminary step leading to the final decision. • Prevents the Board from creating closed committees that narrow the Board's decisions. • Applies to Board appointed committees. The Three Basic Requirements of the Sunshine Law, § 286.011, Florida Statutes o A Meetings of public boards,commissions or committees("boards") must be open to the public. Reasonable notice of such meetings must be given. Minutes of the meeting must be taken. I Meetings of public boards, commissions or committees ("boards") must be open to the public. 3 Committee type determines the applicability of these laws There are two types of committees: 1. Decisions Making Committees 2. Fact finding/Focus Group Committees Decision Making Committees become part of the Board's decision making process AND • Choose alternatives and direction; narrow or eliminate options for the Board's consideration. • Make decisions by voting. • Make recommendation to the Board directly or through staff. • Create bylaws. Focus Groups provide a source of community input and factual resources AND • Have no characteristics of a Decision making committee. • Do not need bylaws. • Provide individual input, data and factual findings to staff, as part of staff's development in its advisement to the Board. • Do not take votes. • Maintain a brainstorming focus. /1. 4 The Sunshine Law applies when -- • Two or more members of a governing board (such as the BCC) discuss a matter that may foreseeably come before the governing board. E-Mails E-mails of al ckoinformation from one board membergrtoother board members are permittedbaif und there is no exchange of board members' commentsoth or responses on subjects requiring board action. The a-mails become a public record. ® krj f 1 , r IN xor �+ c, a�w we atscusseu twe I p�e�,;l°r ota LpCt%�t'S Sos's ssi '�w Y g axe (000tieSg .,4 _ _ s �� 53 61 eta „,.,,,,t i,„ . v /- 5 A Written Correspondence A board member may send documents on matters coming before the board for official action to other board members, PROVIDED there are no responses from, or interaction related to documents among, the board members prior to the public meeting. The written correspondence becomes a public record. r 1,111,1 Blogs Website blogs or message boards that solicit comment from other members of the board by their response on matters that would come before the board trigger the requirements of the Sunshine Law. 4 r The Sunshine Law does not apply when -- • Committees or groups appointed to engage only in fact-finding activities. • Board created focus groups or other such committees that: Only provide individual input,data and facts as part of staff's development in its advisement to the Board. Do not narrow options. The Sunshine Law is broadly construed Exemptions are narrowly construed /..., 6 Meetings Must be Open to the Public The public must be allowed to attend meetings; however, there is no obligation to allow the public to participate.The location: • Must be accessible • Sufficient size for turnout • Facility cannot discriminate based on age,race,etc. • Public access not unreasonably restricted • Be within Collier County with few exceptions II Reasonable notice of such meetings must be given. I The public must be given reasonable and timely notice so they can decide whether to attend. What is "reasonable" or "timely" depends on the circumstance. It does not necessarily require a newspaper advertisement; contact the County Attorney Office for guidance. Y}HEN THE MOAN$ whtEN tltrso QFricAL$ 54.pooW 5tivEEP3 Actx(55 HAvE SECRET Mk6Titass S+IE E.ARTA SURFACE„,. CoADucTilt4C1 ri+e P.ofce`s OFa.� �Ua11S$SS<. .41 mob > , pst;1 • :1 X lit4 ;MAW 411 jt' ltifGAL EO EXPLA1t1S ASSFNCE OF 5O LN5HlNE n 7 III Minutes of the meeting are required. Written minutes must be taken and made available promptly. • Sound recordings may also be used, but only in addition to written minutes. • Minutes may be a brief summary of meeting's events. s • Minutes are public records. • Minutes must record the votes. Inspection Trips Members of a public board or commission may conduct inspection trips. • If discussion relating to the business of the t•—• board will occur between board members during an inspection trip, SUNSHINE LAW APPLIES • All requirements of§ 286.011, F.S. must be met. Electronic Meetings Local Governments Absent member may participate by telephone conference if: • Absence is due to extraordinary circumstances • A quorum of local board must be physically present 8 The Sunshine Law and Staff • When a staff member is appointed to a board, the staff member loses his or her identity as staff while working on the board and the Sunshine law applies to the board. • It is the nature of the act performed, not the makeup of the board or the proximity of the act to the final decision, which determines whether a board composed of staff is subject to the Sunshine Law. Sunshine Law Applications • Does not apply to members of different boards • Applies to non-voting members as well as voting members • Social events are fine—but do not discuss County business • Does no apply to private organizations, such as homeowners'associations • Does not apply to a meeting between a Commissioner and a private citizen • Does not apply to staff so long as staff is in a fact-finding mode • Applies to staff once staff become part of the decision- making process Validity of Action Taken in Violation of The Sunshine Law/Subsequent Corrective Action • Section 286.011, F.S., provides that no resolution, rule, regulation or formal action shall be considered binding except as taken or made at an open meeting. • Recognizing that the Sunshine Law should be construed so as to frustrate all evasive devices, the courts have held that action taken in violation of the law is void ab initio. • Within limitations, some case law exists holding that Sunshine Law violations can be cured by independent, final action taken completely in the Sunshine. 9 What are the Consequences if a Public Board or Commission Fails to Comply with the Sunshine Law? Criminal Penalties: a It is a second degree misdemeanor to knowingly violate the Sunshine law. • Punishable with a fine of up to$500 and/or up to 60 days imprisonment. Other Penalties Include: a Removal from position. a Payment of attorney's fees incurred by the challenging party,as well as declaratoryand injunctive relief. A Penalty Example r-47. .#4.5 .� alyPk$7 4w9°w%'d4, ,+�. i w -�sa..vx.MxmkawF3k'i.� . .wrray«—m„„..r asw.wwrwia�€s'L,— .u.++w,...' w+ ±a�*.rs..r.a.aY»wae.Mrw+ .gas+.Ns..a.ww ...y.. Dewe - .aw..dM1a+ y..�...3-hew 5r1N��%7er„ew«S°".' �.�c�.fs* /� 41ewi+t7✓.k,,,,1.e1.+.. ,,TM�tww *rN xaw...ol..-we"i x a.+r.. ,.....,_.,.�aaaW.xwa,4:. ,mw,kwei m.ayw *wslg � _ apa,,,:11,-.1,----7 �d.{,--,:.1m.+[a.1,7,*ti ,,... t.---�q*, ,„ ,bN::k.o,.w�«sK. e.s.4—"-axe: :11,-.,- Hca. fr,aw�:cais .z.'«dw«�rre-wr..e'°:. +. w...�w........ "'"`'..r.** -00gN*:4urs,.a«.<"'"". aviol violations. re + sase»a'r" Sentenced to Jail for Sunshine Law Violations: Suspended Escambia County Commissioner W.D. Childers was`""�........"" sentenced to 60 days in jail for discussing redistricting in a°�" " S telephone conversation while fellow commissioner listened on a speaker phone, and pleaded no contest for talking with two fellow commissioners about county building projects in front of a staffer. r : The Headlines We Don't Want! "Judge Finds Marco Councilor Guilty of Sunshine Law Violation!!" Naples Da ly News 2pPo8 "Planning Member's Lunch Clouds Florida in Sunshine Law"Naples Daily News 2/7107 Grand Jury OKs City Sunshine Law Investigation 7nzro7 Jackson ille News "A Times-Union Investigation Finds Evidence of Florida Sunshine Law Violations"Fla as Times-uniow6 llro7 10 PUBLIC RECORDS 14. Office of the County Attorney Jeffrey A.Klatzkow,County Attorney The State of Florida Strongly Favors Open Access to Public Records The public's right to inspect or copy any public record is established in the Florida Constitution. The legislature enacted Chapter 119 of the Florida Statutes setting the policy for the state. Florida courts have routinely held that the Public Records Act is to be liberally construed in favor of open access to public records. The Definition of Public Records Open to Inspection to Any Person is Very Broad. ge A public record encompasses all -' materials made or received by an agency in connection with official business which are used to 1.0,, perpetuate,communicate or formalize knowledge,regardless of $ whether such materials are in final form. ""1 11 Public Records Law El Public Records include: All documents, paper, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of physical form or means of transmission made or received pursuant to law in connection with transaction of official business by the agency.(Chapter 119,Florida Statutes) The Public Records Law applies to: E Records developed by the Board, Board-Appointed Committees, and employees 01 All Types of records including written communications, letters, notes and e-mails Numerous exemptions are identified in §119.07, Florida Statutes,and other statutes What Public Records are Exempt From Disclosure? Common exemptions are: • Records prepared for litigation - proceedings or in anticipation 101 of legal proceedings B Social Security numbers of `r`" employees or former employees • Sealed bids or proposals 12 Public Records Requests Can be made verbally or in writing by any person The Board or Board-Appointed Committee: J Has a"reasonable"time to respond 9 Can charge for the cost of retrieving records if the amount requested is voluminous B Can charge 15 cents per page The Public Records Law does not require: 9 The retention of records (this is covered by the State's records retention policy) 9 The creation of records or the provision of records in the format requested 9 An explanation of the records Restrictions Placed on Access to Public Records 0 The restrictions a public n — = entity may place on access to public records for reasons of administrative convenience, cost or other factors are narrow and limited. l I • ,., .... .. 4,%I. , V 317. r f `�+• C O #t( ,i , WAYrie MALI'4-,',''1 .1...qi\i ' iltis. �lit%, .44yp IM 1114 , .,.„L.',/.,I . %, ' • 0 .,,,,,- . ‘ , ,i. ,,,,,,.. \ .,,,,, ,.,,,.,,,,,, --...,*".4. _ - k 13 PENALTIES A violation of the Public Records Act carries both civil and criminal penalties! Ethics Laws County Attorney Office Colleen M.Greene Assistant County Attorney Three Areas of Ethics Laws Chapter 112,Florida Statutes, Part III . Collier County Ordinance No.2003-53,as amended p �: Collier County Manager Administrative Procedures CMA#5311 14 This will not suffice! •�� r 471:02,427,44P,01"4.4" Chapter 112, Florida Statutes Applies to all advisory board members,elected officials,and County employees. III III Collier County Ordinance r c� No.03-53,as amended Applies to all advisory board members,elected officials and County employees(more stringent than Ch. 112, Fla. Stat.). CMA#5311 Applies to all County employees. I Florida Statutes Code of Ethics for Public Officers and Employees Code of Ethics Protects against conflict of interest and establishes standards for the conduct of elected officials and government employees in situations where conflicts may exist. (Chapter 112,Part III,Florida Statutes and the Florida ,•—•\ Constitution,Article II,Section 15 Florida Code of Ethics Addresses: • Standards of Conduct • Voting Conflict + Financial Disclosure Applies to: m County Commissioners +Board Appointed Committees a Board Employees ¢•Prohibits certain actions or conduct •:•Requires certain disclosures be made to the public Standards of Conduct Soliciting and Accepting Gifts. May not solicit or accept anything of value that is based on an understanding that their vote,official action,or judgment would be influenced by such a gift. Accepting Unauthorized Compensation. May not accept any compensation,payment,or thing of value that is given to influence a vote or other official action. Misusing Public Position. May not corruptly use his/her official position to obtain a special privilege for himself/herself or others. Disclosing or Using Certain Information. May not disclose or use information not available to the public and obtained by reason of his/her public positions for the personal benefit of himself/herself or others. 1 Additional Standards of Conduct * Doing business with one's agency. A public officer or employee acting in a private capacity shall not attempt to do business with the County/agency where he/she serves as a public officer or employee. Applies to private business in which officer,employee,spouse or child has a material interest. (Specific exemptions apply.) • Engaging in conflicting Employment or Contractual Relationship. A public official may not be employed or contract with any business entity regulated by or doing business with his or her public agency. (Specific exemptions apply.) (May be waived by full Board.) 16 • Code of Ethics for Public Officers and Employees Conflict or Conflict of Interest A situation in which regard for a private interest tends to lead to a disregard of a public duty or interest. (§112.312(8),Fla.Stat.) Voting Conflicts of Interest Requires no County, municipal,or other Local Public Officer(including members of Board appointed committees)shall vote in an official capacity upon any measure which would inure to the special private gain or loss of themselves, any principal or entity by whom they are retained,other than an agency as defined in § 112.312(2), F/a.Stat.,or to any relative or business associate. Requires that public officers, including members of advisory committees: Must announce the nature of the conflict before the vote; abstain from voting; and file a memorandum of voting conflict. May not participate in the discussion without first disclosing the nature of their interest in the matter(either in writing prior to the meeting, or orally as soon as they become aware that a conflict exists). e May not participate in an attempt to influence the decision. n , 17 Penalties Violation of Statute Civil penalties,fine or removal from office Ptd ., II County Ethics Ordinance Ordinance No.2003-53,as amended *Legislative intent *Lobbyist Registration *Gifts from Lobbyists *Gift Definition Exceptions - *County managerial employee post employment restrictions County Ethics Ordinance Os 111 ■ No,thank you! Public officials are prohibited from accepting any gift or any other thing of monetary value from anyone that has an interest that may be substantially affected by the performance or non-performance of duties of a public official. 18 County Ethics Ordinance Limited Exceptions Apply! ■ Gifts from relatives. ■ Unsolicited advertising or promotional materials. ■ Gifts for participation in a seminar. a Award of nominal commercial value. ■ Food or beverage offered to all attendees at a business meeting (the$4.00 rule). When in doubt, please ask! PENALTIES for violating County Ethics Ordinance County t Ordinance Violations Carry ; Jail as Well as Fine Penalties tr.a= III County Manager Administrative Procedures Code of Ethics/Standards of Conduct CMA#5311 ❖Prohibited receipt of gifts 7, or items of value by County t' Employees .14 •:•Violation may result in ."" disciplinary action up to and including discharge 19 , Quasi-Judicial Boards rffror*rtrl 4 Office oft to€':' ttt t ° Ati or naevi .i ifreN A. Kiatz oww,(:'ountv. : tt rnnev What do we mean by quasi-judicial? LEGISLATIVE vs.QUASI-JUDICIAL As explained by the Florida Supreme Court in Board of County Commissioner of Brevard County v.Snyder,627 So.2d 469,474(Fla. 1993): "It is the character of the hearing that determines whether or not board action is legislative or quasi-judicial. Generally speaking, legislative action results in the formulation of a general rule of policy, whereas judicial action results in the application of a general rule of policy." r Advisory Boards that Serve in a Quasi-Judicial Capacity + Collier County Airport Authority * Building Board of Adjustment and Appeals + Collier County Code Enforcement Board • Collier County Planning Commission + Collier County Water and Wastewater Authority + Contractor's Licensing Board O Public Vehicle Advisory Committee • Environmental Advisory Council 20 Advisory Boards that Require the Filing of Form 1 Disclosure Statements • Collier County Code Enforcement Board • Collier County Planning Commission • Collier County Water and Wastewater Authority Ex Parte Communications A PRESUMPTION OF PREJUDICE! RI®®® Collier County Resolution 95-376 established a process which removes the presumption of prejudice through disclosure of ex parte communications with public officials Resolution 95-376 121 The local public official must disclose the substance of any ex parte communication and the identity of the person, group or entity with whom the communication took place, and make such disclosure a part of the record before final action on the matter. 21 Resolution 95-376 CEJ The local public official may read written communications if such written communications are made a part of the record before final action on the matter. Resolution 95-376 Q The local public official may conduct investigations and site visits and may receive expert opinions if the existence of the investigation, site visit or expert opinion is made a part of the record before final action on the matter. Resolution 95-376 0 Disclosures must be made before or during the public meeting at which a vote is taken on the matter to allow a reasonable opportunity to refute or respond to the ex parte communication. 22 dust say no Summary* * Or creating order out of chaos What is the oldest profession? A physician,an engineer and an attorney were discussing who among them belonged to the oldest of the three professions represented. The physician said,"Remember,on the sixth day God took a rib from Adam and fashioned Eve, making him the first surgeon. Therefore,medicine is the oldest profession." The engineer replied,"But,before that,God created the heavens and earth from chaos and confusion, and thus he was the first engineer. Therefore, engineering is an older profession than medicine." Then,the lawyer spoke up."Yes,"he said,"But who do you think created all of the chaos and confusion?" 23 ^e Its THE FIVE RULES FOR BEING ON A BOARD-APPOINTED COMMITTEE (CHISELED IN STONE!!!) I DO NOT MEET WITH ANOTHER MEMBER OF YOUR COMMITTEE n OUTSIDE OF A DULY NOTICED PUBLIC • MEETING! _ II DO NOT COMMUNICATE WITH ANOTHER MEMBER OF YOUR COMMITTEE OUTSIDE OF A DULY NOTICED PUBLIC MEETING! 24 f III FP I DO NOT DISCUSS ANY MATTER WITH ANYONE WHO MAY COME BEFORE YOUR BOARD OR COMMITTEE! IV n ABSTAIN ON ANY VOTE THAT YOU BELIEVE MAY CONSTITUTE A CONFLICT OF INTEREST! r V DO NOT TAKE ANYTHING! 25 Resources/Contacts OFFICE OF THE COUNTY ATTORNEY Jeffrey A.Klatzkow,County Attorney Scott R.Teach,Deputy County Attorney Colleen M.Greene,Assistant County Attorney 3301 East Tamiami Trail,8th Floor Naples,FL 34112 Phone: (239)252-8400 Fax: (239)252-0225 Ouestions/Concerns Regiirding Sunshine Law Public Records,Ethics and Ex-Parte Disclosure Matters ""1 26