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CCPC Minutes 02/19/2004 SFebruary 19, 2004 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, February 19, 2004 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 5:05 for a SPECIAL WORKSHOP at the Board of Collier County Commissioners' meeting room, Administration Building, County Government Center, 3301 Tamiami Trail East, Naples, Florida with the following members present: CHAIRMAN: Russell Budd Brad Schiffer Robert Murray Lindsey Adelstein Mark Strain Dwight Richardson Ken Abernathy Paul Midney, Absent George Evans, Absent ALSO PRESENT: Joe Schmitt, Community Dev. & Environmental Services Ray Bellows, Planning Services Marj orie Student, Assistant County Attorney Patrick White, Assistant County Attorney Page 1 February 19, 2004 II. III. IV. Call to order by Mr. Budd Pledge of Allegiance Roll Call Mr. Schmitt provided staff report regarding CCSL Variance - Beach renourishment - Ordinance requires that if the beach is to be renourished that you have to come back in and ask for a variance. Staff found this to be somewhat superfluous because the public heating process through the corp of engineers, in addition to state approval is still required. The Board has already seen and approved the variance through a budget amendment process in awarding the contract. Staff rewrote the ordinance- specifically on page 7 which states that beach renourishment and maintenance dredging would be a permitted process. - All of the other renditions in regard to permitted activities for beach access facilities has been removed at the direction of the BCC which was presented at the 2/11 LDC hearing. - This is out of cycle because it went to the BCC first and is coming back to the CCPC. It will go back to the BCC for final hearing on 2/24 at 1:00 as a special item on the agenda. Reference to a few scrivener errors for LDC Section: Division 3.13 Coastal Construction Setback Line Variance: 1. Page 7 of 8: Section 3.13.8.3 now reads as follows: Beach Nourishment or maintenance dredging. Certain activities that may temporarily alter ground elevations such as artificial beach nourishment projects, excavation or maintenance dredging of inlet channels may be permitted seaward of the coastal construction setback line if said activity is in compliance with the Collier GMP and receives Federal and state agency approvals. Until such time as the fee schedule can be amended, the fee shall be $400.00 for these beach nourishment permits. 2. Page 8 of 8: Section 3.13.9.3: "Third or more violation" ("more" has been struck and now reads: Third violation. Mr. Schmitt indicated that when the CCSL variance was presented on 2/11 to the BCC that it was not presented, by staff, as succinctly as it could have been. There is now a clearer intent as to what the code's purpose is. Mr. Strain asked if this part of the LDC can be addressed more thoroughly in the future. Ms. Student agreed that it would be appropriate. No registered speakers. Mr. White reviewed the affidavit of publication regarding today's heating and found it to be legally sufficient. Also requested that it be indicated in the motion that the CCPC request to hear these provisions only one time. Page 2 February 19, 2004 Mr. Strain made a motion to recommend approval for LDC3:156-158.2, division 3.3, CCSL variance to find it consistent with the GMP and to be heard only time by this board with recommendation to add for further review at a full LDC cycle. Mr. Schmitt indicated that the topic will be revisited within one year. The next cycle is devoted to reconfiguring the LDC and will be introduced in the second cycle. Mr. Adelstein seconded the motion. Motion carries 7:0. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5' 15 PM. Collier County Planning Commission Russell Budd, Chairman Page 3 MEMORANDUM OF VOTING CONFLICT FOR FORM 8B COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY. OR COMMI I I ~-E -~ST NAME--FIRST NAME--MIODLE NAME IAILING ADDRESS I )ATE ON WI-{IC~I VOTE O~CURRED COUN3Y '[HE BOARD, COUNCIL. COMMISSION. AUTHORITY OR COMMI~i-E.E ON WHICH I SERVE IS A UNIT OF': [3 CITY I~OUNT~ [3 OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: MY POSITION IS: [3 ELECTIVE ~/.~POINTIVE WH° 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, Flodda 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 3n whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form belore 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 o.r 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 A'r'rEMPT 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 miautes. (Continued on other side) 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 I, 55~Ij, , . U'~)J~ , hereby disclose that on (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: voJ ?os>f,,;,.-, ZOO3- 4 ro52_ zr.,c4 , 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