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Agenda 06/10/2008 Item # 9E EXECUTIVE SUMMARY Agenda Item No. 9E June 10,2008 Page 1 of6 RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS DESIGNATE A QUALIFIED BCC STAFF MEMBER TO ATTEND THE MANAGEMENT PLAN ADVISORY GROUP (MPAG) OF THE PICAYUNE STRAND STATE FOREST. OBJECTIVE: That the Board of County Commissioners designate a qualified BCC staff member to attend the public information meeting on June 10, 2008, 6:00 p.m. to 9:00 p.m. and a working group (MPAG) meeting on June ll, 2008, 9:00 a.m. to 4:00 p.m. Both meetings will be held at the Collier County University Extension Office, 14700 Immokalee Road. - CONSIDERATIONS: Commissioner Henning was chosen as an MPAG member, unbeknownst to him, and forwarded the information regarding the meeting of the MPAG. Unfortunately, due to the scheduling conflict with the Board's schedule, no BCC member is able to attend. Commissioner Henning requested Commissioner Coletta to choose a District 5 representative to attend the meetings on behalf of Collier County. However, according to Florida Statute 259.032 lO(b), only a local elected official is qualified to attend. and the local constituent chosen was denied participation by Kevin Podkowka, Forestry Resource Administrator. In a follow-up email to Commissioner Henning from Mr. Podkowka, outlining membership requirements, Mr. Podkowka states: "Through past experience we have found that a staff member of a Commissioner will satisfy the intent of' the requirement. however, it is our pref'erence that a Commissioner attend the meeting. ll<ould also like to note that ifschedules do not allow for attendance at the meeting by a represelllative of the HOCC that fidfills the statutory requirement, then the Division will understand and the planning will proceed in the regrettable absence of the HOCC. " Ultimately, the best possible scenario is to have a Board member at this meeting; it would be in Collier County's best interest to get this meeting date changed in order to accommodate a Commissioner. The fact that this meeting was noticed on May 12, less than 30 days in advance, without contact as to availability shows lack of correlation on the Department of Forestry's part. As stated by Mr. Podkowka, should a representative of Collier County not be available to participate, these meetings will go forward regardless. In that manner, Collier County stands to lose its position in this important matter. FISCAL IMPACT: There is no fiscal impact known at this time. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: RECOMMENDATION: That the Board designate the staff member most qualified to represent the Board of County Commissioners' interests in the discussion of the Picayune Strand State Forest I 0 Year Management Plan. r Prepared by: Commissioner Henning Page I of I Agenda Item No. 9E June 10, 2008 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 9E That the Board of County Commissioners assign a qualified staff member to attend and participate in the Management Plan Advisory Group public meeting and working group providing input regarding the Picayune Strand State Forest 10 Year Management Plan (Commissioner Henning) Meeting Date: 6/10/2008900.00 AM Prepared By Sam Tucker Executive Aide to the BCe Date Board of County Commissioners Bce Office 6/4/20082:40:24 PM Approved By Sue Filson Executive Manager to the BCe Date Board of County Commissioners Bce Office 6/4/20082:42 PM Approved By ~ John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 6/4/2008 4:35 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 6/4/20084:58 PM (' Agendal'1iWl1 ~@f9E June 10. 2008 Page 3 of6 tuckersam From: Sent: To: Brian McMahon [swampbuggy2@earthlink.net] Monday, June 02,20087:50 PM ColettaJim Cc: henning_t; tuckersam; zzzLisa Zesnick Subject: Re: MPAG Announcement - Picayune Strand I received a call from DOF today. I am not eligible to represent the county at these meetings. Thanks for the opportunity. Brian Mcmahon - Original Message --- From: CQlettaJim To: BriilnMcMahon Ce: henoimL! ; tuckersam ; zzzLisa Zesnick Sent: Friday, May 23, 2008 1 :56 PM Subject: RE: MPAG Announcement - Picayune Strand Brian McMahon Would you be available to attend the Management Plan Advisory Group meeting as listed below? You have demonstrated a sincere interest in the subject material in the past and I have full confidence in you to represent the interest of public. If your schedule will not allow for your participation I will understand. Thank you. Jim Coletta From: tuckersam Sent: Thursday, May 22, 2008 11: 13 AM To: ColettaJim Ce: henning_t Subject: FW: MPAG Announcement - Picayune Strand Commissioner Coletta: Commissioner Henning has been invited, as a member of the Management Plan Advisory Group, to a public meeting on the 10th of June and a committee discussion on the 11th of June. However, Commissioner Henning will be unable to attend either, due to personal reasons. Commissioner Henning suggested I allow you the opportunity, as this is an issue in your district, to appoint someone in his stead to attend the discussions. (As this is a BCC day and a workshop day, I don't believe you would be available to attend either.) Below you will find em ails from Mr. Gregory Ihle in regards to the meetings, Furthermore, Mr. Ihle. in order to properly announce the upcoming meetings, has requested that their meetings be announced by a Commission member at the upcoming BCC meeting. This could be done at the May 27 or June 10 Bee meeting, if you so desire. Please consider a staff or community member to attend this MPAG meeting regarding the Picayune Strand State Forest 10 Year Management Plan. Thank you for your consideration. Sam From: 1hle, Greg [mailto:ihleg@doacs.state.fl.us] 6/3/2008 AgendJ.1\\S\i ?J,s>f9E June 10, 2008 Page 4 of6 Sent: Thursday, May 22, 2008 10:06 AM To: henning_t; tuckersam Cc: Podkowka, Kevin; Lewis, Katie Subject: MPAG Announcement - Picayune Strand Tom Henning and/or Sam Tucker, Sam, I wanted to say thank you for taking the time with me yesterday to figure out some of the logistics invDlved with asking Mr. Henning to aid in announcing our Management Plan Advisory Group (MPAG) meeting in June at one of the up and coming county commissioners meetings, thus prior to our MPAG meeting. As we discussed yesterday, as a state agency it is mandatory that we announce these specific meetings at a Board of County Commissioners meeting. In the future, there is a possibility I may be asked to retrieve the minutes from the commissioners meeting to confirm it was announced, as we discussed priDr. Mr. Henning should be receiving our Ten Year Management Plan in the mail quite soon along with a letter and announcement further explaining the details with the MPAG meeting. The letter explains the significance of the meeting and what actions to take if Mr. Henning cannot attend and the announcement provides more details on dates and times. If you have any further questions, or concerns regarding our discussions yesterday and today, please feel free to call me here at the office 239-348-7557. Thank you for your help, Gregory I hie Forestry Supervisor Picayune Strand State Forest .............................. From: Ihle, Greg [mailto:ihleg@doacs.state.fl.us] Sent: Monday, May 12, 2008 12:04 PM To: Podkowka, Kevin Cc: Graham Jr, Hank; joseph.bozzo@myfwc,com; stanweiner@comcast.net; steveT@miccosukeetribe.com; MHStables@mindspring.com; henning_t; ecarlson@audubon.org Subject: Picayune Strand State Forest - MPAG Info Dear MP AG member: It was nice to speak with most of you over the telephone although there were a few I was unable to contact. I wanted to reiterate my gratitude for participating and being part of the Management Plan Advisory Group that will convene on June lOth & 11 th to provide input regarding the Picayune Strand State Forest 10 Year Management Plan. The meetings are scheduled to take place at the Collier County University Extension Office, located at 14700 Immokalee Road. On Tuesday. June 10th from 6;00 - 9:00 pm we will have the public meeting/hearing to gather input and comments from the public. Then on June 11th from 9:00 am - 4;00 pm we will reconvene to further discuss and consider any public comments that were gathered prior and any concerns or suggestions of your own. A final report of our recommendations to the Division of Forestry will be drafted and forwarded to the Division's Forest Managcment Bureau. ~. As part of the Management Plan Advisory Group we look forward to discussing any suggestions you may have. Within the next three weeks you will be receiving a copy of the Picayune Strand State Forest 10 Year Management Plan to review prior to the meetings. Along with the plan you will also be receiving a more descriptive announcement in reference to the time and whereabouts of the meetings. Thank you for your patience and assistance with this process we look forward to meeting with you soon. Should you have any questions in reference to this process or need any other assistance, please contact the Forest Resource Administrator (for Hendry, Lce, and Collicr Counties), Kevin Podkowka at 239-690-3500 cxt. 108. Thank you, 6/3/2008 Agendaf1lllffi ~t9f91: June 10, 2008 Page 5 of 6 Gregory [hie Picayune Strand State Forest Forestry Supervisor (,/3/2008 Agend~ 1'J,<,>t9t' Juri'€''lO', 200'8 Page 6 of 6 tuckersam From: Podkowka, Kevin [podkowk@doacs.state.fl.us] Sent: Monday, June 02,20082:21 PM To: henning_t Cc: Graham Jr, Hank; SOhl, Steve; Ihle, Greg; Jennings, Steve Subject: MPAG Requirements Commissioner Henning, Per your request, the statute that the membership of the MPAG is bound by is located under FSS 259.032 10 (b), it is as follows: (b) Individual management plans required by s. :/'23,034(5), for parcels over 160 acres, shall be developed with input from an advisory group. Members of this advisory group shall include, at a minimum, representatives of the lead land managing agency, comanaging entities, local private property owners, the appropriate soil and water conservation district, a local conservation organization, and a local elected official. The advisory group shall conduct at least one public hearing within the county In which the parcel or project is located. For those parcels or projects that are within more than one county, at least one areawide public hearing shall be acceptable and the lead managing agency shall invite a local elected official from each county. The areawide public hearing shall be held in the county in which the core parcels are located, Notice of such public hearing shall be posted on the parcel or project designated for management, advertised in a paper of general circulation, and announced at a scheduled meeting of the local governing body before the actual public hearing. The management prospectus required pursuant to paragraph (9)(d) shall be available to the publiC for a period of 30 days prior to the public hearing. Your invitation to the MPAG for Picayune was because you are the Chair of the Collier SOCC, and furthers the reason that Commissioner Coletta's choice of Brian McMahon (private citizen) will not satisfy the requirements of 259.032. Through past experience we have found that a staff member of a Commissioner will satisfy the intent of the requirement, however, it is our preference that a Commissioner attend the meeting. I would also like to note that if schedules do not allow for attendance at the meeting by a representative of the SOCC that fulfills the statutory requirement, then the Division will understand and the planning will proceed in the regrettable absence of the SOCC. Should you have any questions please contact me at the information below. Kevin Podkowka Forestry Resource Administrator Caloosahatchee Forestry Center 10941 Palm Beach Slvd Ft. Myers, FL 33905 Phone: 239-$90-3500 x-108 CALOOSAHA TCHEE FORESTRY CENTER WEB SITE' wwwfl-dofcomlfield_operations/caloosahatcheehtml ,- " 6/3/2008 qE. - (pIt 0/ V~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPOINTING BRIAN MCMAHON TO REPRESENT THE BOARD AT MEETINGS OF THE PICAYUNNE STRAND MANAGEMENT PLAN ADVISORY GROUP DURING THOSE MEETINGS WHICH COMMISSIONER COLETTA DOES NOT ATTEND. RESOLUTION NO. 2008- WHEREAS, by Agreement dated September 24, 2003, by and between the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, the South Florida Water Management District, and Collier County, the "Collier County Commissioner of the District in which Picayunne Strand State Forest is located will be requested to participate as a member of the Management Plan Advisory Group...consistent with s. 259.032 of the Florida Statutes," which Commissioner is Jim Coletta; and WHEREAS, from time-to-time Commissioner Coletta will be unable to attend these meetings; and WHEREAS, the Board of County Commissioners has deemed it in the best interests of the ~- - citizens of Collier County that a representative of the Board attend such meetings in Coinmissioner Coletta's absence; and WHEREAS, Mr. Brian McMahon has in the past demonstrated outstanding knowledge of and interest in the issues that are before this Management Plan Advisory Group. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Brian McMahon is hereby designated to attend the meetings of the Management Plan Advisory Group on behalf of the Board on those occasions when Commissioner Coletta is not in attendance. This Resolution adopted after motion, second and majority vote favoring same, this _ day of ,2008. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: TOM HENNING, CHAIRMAN App ved as to form and c cy: ow