MINUTES OF THE NOVEMBER 6, 2007 SPECIAL MEETING

FOR THE MATLACHA/PINE ISLAND FIRE CONTROL DISTRICT

 

Call to Order:  The meeting was called to order at 9 a.m.

Roll Call:  Commissioners Peckinpaugh, Cammick, Elder, and Cox were present.  Commissioner Cole was absent (excused).  Chief Bradley, Deputy Chief Marzella,

Attorney Pritt, Shane Johnson (Passeralla & Associates for Eagle Management), Rachel Myers (Newspress), Mike Dunn (Lodge) and 3 guest were present.

 

Business:

            1.  To discuss Eagles Nest adjoining Bokeelia New Station 3 Property.

 

Commissioner Elder presented the board with a report on steps that have occurred within the past couple of weeks (copy on file).  Discussion follows regarding the Lee County Department of Community Development issuing a stop-work order as a precaution because of the sighting of a pair of bald eagles and their proximity to the construction site.   Following are the options presented to the board by the county which need to be discussed:   

1.      Opt in and that is to work with the county, prepare an eagle management plan for the county and submit for approval. 

2.      Opt out to work with the county by having our attorney write a letter to the county and then we are working with the Federal guidelines over the period of  time of construction. 

3.      Is to do nothing at all - to work with the stop order.  Stop work entirely until           

Nesting season ends in May.    

Discussion follows regarding the options. 

There was question whether the county held the legal authority to issue the stop-work order, but this is a separate matter to be dealt with at a later time.    

 

Commissioner Elder turns the floor over to Shane Johnson (Environmental Consultants) representing the District.  He addresses the 3 options Lee County presented; his recommendation would be to prepare a bald eagle management plan, which would be the most effective for the Fire Control District as well as the eagles.   Discussion follows regarding Federal Guidelines set by Florida Fish & Wildlife Conservation Commission, and U.S. Fish & Wildlife Services.  The State is in the process of drafting legislation regarding bald eagles.  Basically they have no regulatory authority over the bald eagle at this time, they’ve deferred everything to the U.S. Fish & Wildlife Services.  In an e-mail from one of the U.S. Fish & Wildlife Service staff that made recommendation based on our site specific information; their recommendation was to allow the construction of the fire station, but only allow the construction of the fire station outside of the bald eagle nesting season, which is May 16th through September 30th.  They are basing that recommendation on their National Bald Eagle guidelines which was published in May 2007.  These guidelines are not law and it specifically states that in the introduction of these guidelines they are recommendations to state and local agencies as well as private

land owners as to the appropriate measures they should take given a certain situation, that  the criteria is followed in these guidelines.  Discussion follows. 

Commissioner Elder turns the floor over to Mr. Pritt.  Discussion follows regarding Chapter 114 (3) and that you would be hard pressed to find anything that covers this exact situation; what happens at the time of the issuance of the development order that there was no eagle issue and the eagle shows up at a later time, this maybe without precedence, as we know with laws if its not there its not illegal.  The Land Development Code is a large document there are a lot of other areas and chapters in that document that might be used by the county as an over all basis for a prohibition.  Discussion follows as to other areas in Land Development Code that could apply.  Discussion follows from board members as to their thoughts.  Discussion follows as to the building permit has not been issued.  Discussion on options continues.      

 

2 minute break

 

Mike Dunn (Lodge) arrives and brief summary of meeting follows.

 

Commissioner Elder turns floor over to Phil Buchanan he stated he had been watching the birds for several weeks, and it appeared as if the eagles were the Pinehurst Eagles and they were using the nest near the site as alternative nest.  Discussion follows.

Commissioner Elder turns floor over to Mike Dunn he states in the next 60 days it will be preparatory work. Discussion follows as to type of equipment that would be on site.   Mike Dunn’s opinion is that the eagles wouldn’t be there if they didn’t want to be there, and there was nothing to indicate to us they were disturbed by the nature of construction on site. One was observed perched on the excavator, and he didn’t seem to be nervous at all.   Brief discussion follows.  Mike Dunn’s recommendation was to proceed with the monitoring plan of the eagles and to opt out with the county.   Discussion follows. 

 

Commissioner Cammick moves that the board proceed forward with Passarella and their management plan under Lodge Construction and authorize Attorney Pritt to draft a letter electing to opt out of the management plan, eagle ordinance with the county with Commissioner Cox to second.  Mr. Pritt suggests an amendment to the motion, he will draft the letter but his recommendation is that the letter be signed by the chair.  Discussion follows in regards to cost for Passarella and was there other companies considered.  Mike Dunn replies they had 4 companies provided by Becky Sweigert and Passarella was one that responded to our request.  Brief discussion follows.  Mike Dunn questions motion when they received proposal they submitted it to Commissioner Elder and Chief Bradley they had authorized Lodge to give a retainer check to engage Passarella, we did that the question at that point was would Lodge continue to provide the services via our contract or whether the Commission would want to contract directly with Passarella, I recommended you allow Lodge to contract with you under a change order and then contract with Passarella.  Discussion follows.  Commissioner Cammick calls for the question.  Vote on call for the question.  All aye.  Vote on original motion:  Motion passed 3-1. 

 

Discussion of change order from Lodge Construction follows (copy of change order on file).  Commissioner Peckinpaugh asked (and this is why he voted nay) with the motion that just passed am I correct that Shane will provide, create a management order that we will be working under, or Lodge will be working under, am I correct on that?  Discussion follows that that was part of the motion.  Change order is authorizing Lodge to proceed in full with Passarella and that includes the development of management plan and the monitoring of that plan and his authorization to recommend to us activities on site to keep the birds healthy.  Commissioner Cammick moves to authorize signing the Contract Change Order # C001 as prepared by Lodge Construction in the amount of $60,027 with Commissioner Cox to second.  Motion passed unanimously. 

Brief discussion of amount, amount not used will be returned to district.

 

Mike Dunn wants to make it clear for the commission the actions you have taken today allows your attorney to submit letter electing to opt out and allows us to develop a plan that to the best of our ability to comply with all regulations of this land it does not necessarily allow us to proceed with construction in the event the other bodies deny.

 

Brief discussion of harassment of eagles and procedures follows.

 

Brief discussion of work activity (project schedule) for station follows. 

 

Commissioner Cammick moves to adjourn with Commissioner Peckinpaugh to second.  Motion passed unanimously.

 

Meeting adjourned at 11a.m.

 

 

Respectfully submitted,

 

 

 

Linda Richter

District Administrative Assistant

 

 

___________________________

James Cole/Secretary