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HomeMy WebLinkAbout07-02-2024 NRB MinutesNATURAL RESOURCES BOARD MINUTES OF REGULAR MEETING JULY 2, 2024 Mr. Stadelman called the Natural Resources Board meeting to order at 6:00 p.m. II. Pledoe of Alleoiance was recited by all. III. Roll Call: Present Ms. Ware Mr. Dovell (alternate) Ms. Billman Mr. Stadelman Mr. Clifford Mr. Carrano Mr. Krauss Mr. Bruggen (alternate) Not Present Dr. Mosblech -- Excused Also Present Jennifer Cockcroft, City Attorney Alix Bernard, Community Development Director Felicia Gordian, Environmental Technician Joseph Perez, AV Technical Assistant Janet Graham, Technical Writer IV. Approval of Minutes A. June 4, 2024 -- Regular Natural Resources Board Meeting Minutes All having indicated they had reviewed the Minutes of the meeting of June 4, 2024, Mr. Stadelman called for a motion. A motion accepting the Minutes as presented was made by Mr. Carrano, seconded by Mr. Stadelman, and approved unanimously via voice vote. V. Announcements A. Welcome New Board Member Ms. Gordian stated that in the past month Mr. Paul Dovell was appointed to the Board as the newest alternate Board member. Mr. Dovell introduced himself and stated that he has been a resident of Sebastian for 4+ years, and he is very happy living here in Sebastian. He is happy to have been appointed to this Board and is looking forward to this new adventure. NATURAL RESOURCES BOARD PAGE 2 MINUTES OF REGULAR MEETING JULY 2, 2024 VI. Aoenda Modifications -- None VII. Public Inqut -- None Vill. New Business A. Board Training City Attorney Jennifer Cockcroft stated that City Council asked that she talk to some of the advisory boards to give them some brief updates and some changes that have been made and also a brief review on ethics and the law in the State of Florida and the role of this citizens' advisory board. She stated that the NRB is a Category 2 board of the City of Sebastian, and she elaborated on what that means. She presented a series of slides on the monitor and explained each one. There were several questions from Board members which were addressed by Ms. Cockcroft. B. 2024 Calendar of Events Ms. Gordian spoke about the first draft of a calendar of events for the NRB. This is at the suggestion of Mr. Matthew Krauss. The idea of this calendar is to give the Board members a rundown of all the events that we foresee throughout each year. This will be updated throughout the year, and she would provide copies to the Board if there were a new event that arose that this Board needed to participate in or have some sort of involvement, and this would help the Board members keep tabs on what is happening. A motion was made by Mr. Stadelman to accept the Natural Resources Board Schedule of Events as presented by City Staff, seconded by Mr. Carrano, and approved unanimously via voice vote. IX. Unfinished Business A. Sustainable Sebastian Reduction of Single -Use Plastics -- Champion: Charles Stadelman Ms. Gordian stated that there have been conversations among Ms. Gordian, Mr. Stadelman, and Ms. Bernard regarding how we are intending to move forward with the single -use plastics initiative. One of our next goals is to look into the business tax application and see about having a question on that form about lifecycle analyses that the businesses might be using. She will speak to someone in the Building Department to see how we would amend the application itself. NATURAL RESOURCES BOARD PAGE 3 MINUTES OF REGULAR MEETING JULY 2, 2024 Mr. Stadelman added more information on this initiative. Mr. Stadelman stated that the first thing he wants to address is the banning of plastic bags, and he will ask for a motion regarding this item. Mr. Stadelman gave an extended description of the research he has done on this matter. Ms. Gordian interjected that, because of the bans related to single -use plastics, it seems that the City is preempted by the State. She is not sure if the motion that Mr. Stadelman would like to present would be viable. Mr. Stadelman reviewed his research on that question, and he feels now is the time to pursue this matter. Mr. Stadelman explained further why he is asking for a motion. There were questions from Board members which Mr. Stadelman addressed. A motion by Mr. Stadelman was made asking City Council to consider a ban on plastic bags, with input from the public through workshops and surveys, similar to the IPM plan. The motion was seconded by Mr. Carrano. A voice vote was held with the result being five ayes and one nay. The motion was approved. Ms. Ware stated that, since there is a lot more on this evening's agenda, the rest of Mr. Stadelman's motions should be left for the next meeting of the NRB. Mr. Stadelman agreed and explained what he is planning to put on the next meeting agenda, those being addressing PFAS, establishing a plastic waste reduction fund, addressing the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), and discuss doing a predictive analytic model. 2 Native Landscaping -- Champion: Sherida Billman Ms. Billman stated she put a call in to the nursery yesterday, and they have not gotten back to her as to when they are going to meet with her with their estimates and recommendations. She will follow up on that. Another item she wanted to discuss is that she feels that "Garden Club Park" is not the appropriate name for that facility. She suggested it might be called "Centennial Park." Ms. Gordian stated that would be a Parks and Recreation Board discussion. Ms. Bernard suggested that Ms. Billman contact Richard Blankenship, the Parks and Recreation Director. Tree Protection & Landscaping Ordinances -- Champion: Thomas Carrano NATURAL RESOURCES BOARD MINUTES OF REGULAR MEETING JULY 2, 2024 PAGE 4 Mr. Carrano said he has nothing new, but he stated he would like to meet with staff sometime in July. He also asked that all the staff who are involved with this process be there. 4. Resource Conservation -- Champion: Donna Ware Ms. Ware stated that she gave staff some material that she thought was important for educational purposes. She is waiting on that and asked if she needs to start over, or can she use a lot of information that was already put together for her. Ms. Gordian said she will speak with the City Attorney and get her input whether there are copyright issues or any other issues pertaining to that data. Ms. Ware reviewed that at the end of last month's meeting there was some discussion about bringing some other City buildings into this plan. She asked if there is a process for that within the City or is that something that this Board must make recommendations for. Ms. Gordian stated that some of that information will be covered by Mr. Krauss when he makes his report. Ms. Ware also asked if staff is going to update any of the other items that are on this 5- year plan. Some of the things that are to be done are stated to be done in August and September. She is listed as the champion for this item, and she does not know how to proceed. Ms. Gordian said this list might need some updating. She stated that she will meet with Ms. Ware regarding this item. a. Addressing the Results of the Staff Sustainability Questionnaire: Matthew Krauss Mr. Krauss stated that at the next update to the Sustainable Sebastian Action Plan he will bring two other types of pollution to this Board. One will be noise pollution, and the other will be light pollution. He has spoken with Ms. Gordian regarding the Staff Sustainability Questionnaire, and as he understood it, in February the questionnaire was addressed. He believes that there is an item that has been missing from that. Normally, when you do a survey, you ask the employees' opinions. Then you provide the people who participated with the results of the survey. He said there are a couple of items suggested by the employees who took the survey that he would like to let the NRB know that he would like to pursue: the reduction of waste, the reduction of energy, and fuel consumption. He would like to pursue those items with the employees who had suggestions. Ms. Gordian stated that it was agreed among staff and Mr. Krauss that those items would be addressed one at a time. She also stated that she has had a few conversations with NATURAL RESOURCES BOARD MINUTES OF REGULAR MEETING JULY 2, 2024 19-,W 7 City staff regarding the reduction of waste and energy in City Hall and some of the City's other facilities. Mr. Stadelman offered his assistance with this item. 5. Green Infrastructure and LID -- Champion: Nicole Mosblech Ms. Gordian stated that, in her conversations with Dr. Mosblech, Dr. Mosblech had wrapped up all the park assessments. Thus, there is data available on the parks within the past few months. She added that some of the tracts still have to be visited. If there is any tweaking that is necessary for the cut -sheets, she will go ahead and move forward, and have discussions with staff members about any possible management recommendations that will be put into the ultimate Green Infrastructure Plan. 6. Sidewalks and Bikeways -- Champion: Matthew Krauss Mr. Krauss stated that he came onto this Board at just about the time the 5-year plan is up. He said he chatted with City staff about sidewalks and bikeways. He has a desire to pursue bikeways a lot more than sidewalks, as he does not deal with sidewalks much. He is willing to pursue the bikeways and hopefully bring some information back to the Board at its next meeting. B. Treasure Coast Waterway Cleanup — Saturday, July 27, 2024 City Council Proclamation on Wednesday, July 10t�', 2024 Ms. Gordian stated that before the cleanup there will be the proclamation at the City Council meeting on July 10 at 6:00 p.m. She asked if any of the Board members would be available at that meeting to accept the proclamation from City Council. Several of the Board members stated they will be there. Ms. Gordian said that, for the actual day of the event itself, she does have feedback from all the Board members as to when they may be able to attend. She went over the printout that was attached to this meeting's agenda. In addition, Mr. Stadelman plans on being there the whole day, and Ms. Ware volunteered to be present for the check -in. ii. Board Member Assignments Mr. Stadelman reminded everyone that the event will be held on Saturday, July 27"' from 8:00 a.m. to 12:30 p.m. He added that a complete clean-up week is being held beginning Saturday, July 20th through Sunday, July 28°i. Registration for this self -reporting cleanup week is at www.tcwaterwavcleanup.com. Ms. Gordian said that every participant does need to register on the website, including all the Board members. NATURAL RESOURCES BOARD PAGE MINUTES OF REGULAR MEETING JULY 2, 2024 X. Items for Next Aoenda and Date: Tuesday, August 6, 2024 A. Treasure Coast Waterway Debrief B. Sustainable Sebastian XI. Adiournment There being no further business, Mr. Stadelman called for a motion to adjourn at 7:44 p.m A motion to adjourn the meeting was made by Mr. Carrano, seconded by Mr. Stadelman, and approved unanimously via voice vote. By: 00Ac L Charles Stadelman, Chairman jg Date: L r"F r=mtTw N z CD - ■ Q ♦0 m <, O cn -1. O OL ME a r Applicable Law 1 Florida Statutes Ch. 112, Ch, 119, Ch, 286 State of Florida Constitution Art. II §8 ("Sunshine Amend ment`� Topics: CODE OF ETHICS (FL and/or City) PUBLIC RECORDS LAW SUNSHINE LAW QUASI JUDICIAL v. QUASI LEGISLATIVE CODE OF ETHICS CODE OF ETHICS Why do we need it? • Public officials should be independent, impartial and don't want public offices to be used for private gain • To make sure that all actions taken are in the public interest . Public official as to your board — can't speak on behalf of the body — act as a body, not individuals Why should you be concerned? • Criminal penalties [rare; only if involving fraud/criminal activities] • Removal from office • Public reprimand ■ Civil fines up to $10,000 Prohibited Activities 1. Asking for or accepting gifts* 2. Doing business with your agency Accepting compensation for your vote 4. Misuse of position Conflicting employment or contractual relationships Misuse of privileged information Nepotism s. Post -employment restrictions �. Dual office holding io. Absenteeism from voting TOPICS OF ETHICAL CONCERN: REQUIRED DISCLOSURES GIFTS x HONORARIA (rare) z CONFLICT OF INTEREST REQUIRED DISCLOSURES Campaign Contributions Honoraria & Gifts Financial Disclosures: Every board member must file full and public disclosure of their financial interests Annual reporting required (Form 6*) Conflicts of Interest More on Gifts: Prohibited gifts: political action ■ Any gift valued over $100 from a lobbyist, a com mittee [PAC] or a committee of continuous existence [CCE] ■ Any gift given to influence a vote Allowed Gifts/Disclosures Required :han those prohibited ■ Any gift over $100 from a source other t ■ An gift valued between $25 and $100 from a lobbyist, a PAC, or Yg a CCE Allowed Gifts/Disclosure Not Required: ■ Any gift valued under $25 from a lobbyist, PAC or CCE ■ Any gift from other sources valued Honoraria Law FS §112.3149 Definition: . Acceptance of a payment (money or anything of value) for a speech or any writing other than a book Does not include: . Ordinary payment or salary related to one's public duties . Campaign contributions . Payment or provision of food, beverage, lodging, transportation costs, or registration fees related to the honorarium event CONFLICTS OF INTEREST Situation where a regard for your private interest may lead to a disregard for the public interest and duty Applies when your (or your family's) private financial interests may benefit Must abstain from voting in matter and disclosure required (Form 813) within 15 days Unable to make impartial decision in QJ matter— FS 286.012 Conflict of Interest Law Prohibits: 1. Incompatible employment: When it would interfere with the proper discharge of official duties or impair acting in the public interest 2. Disclosure of confidential information: May not use confidential information to advance self or others' private or financial interests May not disclose any confidential information regarding property, government, or affairs of the city 3. Representing private interests before city agencies: May not represent private interests in any action or proceeding against the interests of the city More on Conflicts of interest 4. Contracts with the city: Must disclose a substantial or controlling financial interest in any business entity, transaction, or contract with the city as well as the sale of real estate, materials, supplies, or services to the city Must abstain from voting or participating in transaction on behalf of city or board Also must disclose to the state (Form 4A) 5. Disclosure of interest in litigation: Anyone who has a personal or financial interest in legislation by the City must disclose it on the record of CC if they participate in discussions with the CC PUBLIC RECORDS PUBLIC RECORDS LAW FS Ch. 119 Definition: A. All docs, papers, letters, maps, books, tapes, photos, films, recordings or other material, regardless of physical form or characteristics B. Which was made or received C. pursuant to law or ordinance -or - in connection with the transaction of official business by any agency* D. Includes notes taken during meeting (*FS defines agency to include all advisory boards created by the City) h SUNSH LAW SUNSHINE LAWS FL Constitution Art II §8 and FS Ch. 286 Applies to all elected or appointed members of boards of agencies A meeting of two or more members of the same board must be "in the sunshine" IV CAN'T HAVE OUTSIDE DISCUSSION ON BOARD MATTERS More on Sunshine Law r Is it a meeting? • ONLY if there is "foreseeable action" which may be taken by the board (decision making committees) • Does NOT apply to social gatherings where issues that may come before the board are not discussed If a "meeting" then the board must give reasonable public notice of the meeting . Post the time and place of meeting • Should give at least 24 hours notice unless emergency session or as otherwise provided by law If a "meeting" minutes must be taken to record the meeting EX PARTE COMMUNICATIONS FS §286.0115 s Presumed to be prejudicial (harmful) Any board member which discusses merits of any matter on which the board may take action must remove the presumption of prejudice How to remove presumption: . Disclose on the record who the communication took place with and the subject of the communication I More on Ex Parte's Written communications: . If relates to pending action is NOT presumed to be prejudicial but MUST be made a part of the record of the proceeding before vote taken Investigations/Site Visits: . Are not presumed prejudicial (also applies to expert opinions) but MUST be made part of the record before vote taken Public Comment: . Must allow those with contrary opinion to express them . May limit to designated, reasonable and relevant, nonredundant . Quasi judicial — can't limit as much as quasi legislative Board Decisionmaking Staff recommendations are based on criteria written in code - law Board decisions must be based on law in code OR STATUTE • Your authority is vested in code • Must follow code or not legal Can't use outside interests/fairness — must use criteria as laid out as justification for rulings Rulings must be able to stand up on appeal Formal hearings: Due process (notice and opportunity to be heard) quasi legislative or quasi judicial Quasi Judicial v. Legislative x JUDICIAL: • if evidence must be considered for board to make decision, then must be quasi judicial hearing • If applies only to specific parties/parcels • Decisions must be made on the record from relevant substantial competent evidence based on applicable codes/law Quasi Judicial Requirements 1) Notice 2) Opportunity to be heard • Must allow each side to present evidence and testimony (be careful when limiting time) • Must allow cross exam of witnesses 3) Unbiased decision maker (no conflicts, ex pane communications or site visits) 4) Fair hearing conducted Quasi Judicial Requirements 5) Record made (minutes) - sworn testimony under oath record must provide basis for decision for appeal — decision made based on substantial competent evidence 6) Issue development order or denial of development order from which to appeal - must have standing to appeal Quasi legislative Matters that formulate policy Legislative public hearing Not as formal May limit public speakers time Only require due process (notice and opportunity to be heard) . Government action upheld with legit public purpose (health/safety/welfare) E z 0 M7 cD 3 m D 0 a) 0 n 0 r� x 0 ah Es r rn (a E ■ W O D 0 r+ CD U) O n CD