Environmental Advisory Board - Regular Meeting

Monday, 01/05/2026, meeting for the Environmental Advisory Board. Roll call.

Tim. Tim Dropp.

Paul Dracheman. Casey McGowan.

Diane Stark.

Welcome, Diane.

Thank you.

Stefan Califfe liaison. Great. I pledge allegiance

to the flag of The United States Of America

and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Okay. Do we have any public comment? No. We do not. All righty. Need to approve the minutes from December 1. Need a motion. I'll motion. Seconded.

Vote. Can't. Wasn't here.

Just you and I were at that

meeting. Okay. All in favor, aye. Aye. Good. Okay. Item twenty six-two forty seven, election of chair and vice chair.

All right. So chair, just wanted to take a moment to briefly introduce our new member, Dan Stark, as part of the EAB. And at the next meeting, there will be a better opportunity to perhaps for Dan to talk mention a bit more about her background and for each member to kind of introduce so that's And to

we're

electing our chair and vice chair. So I it will go as follows. A member would propose a candidacy of chair position, and then all members will vote. Whoever gets the majority of the vote will be elected as the chair of the AB, and then the same procedure will follow for the vice chair chair position.

Very good. We need to start with the nomination. Is that correct? Is that how that works? I'm seeing Julie's not heard. I nominate Tim for chair.

And now

I second the nomination.

Do we have any other nominations? That sounds like a no. You doing alright?

I accept

the nomination,

sir? Sure. Okay.

Do we vote now? Or what do you want us to do?

So if there were no other nominations, I am at this point, I believe that you can Yeah.

It says there's no additional nominations.

Yeah. With no additional nominations. Yep.

You would request a motion, which I guess you did. Yep. You can re remotion it the same way you nominated it. Was his one.

So make a motion. Excellent.

Turn it over. Name. It would be the chair of the AV, and now we can hold the same vote for the vice chair.

I don't know if we can even nominate her or

if she's not coming. I was going to say, I nominate Diane.

Is she

not coming? Coming?

She is not. Oh. Yeah. Most likely she is coming.

Got

you. So second, do we have any second or any other nominations?

Could we I know nothing about you currently.

Yeah, don't know.

I'm sorry.

Can she speak a little bit about herself at the moment or no?

Absolutely. I would just Caitlin, assistant city attorney. Would just keep it more based on a very high level. I would do it more based on a high level since they're nominating you. We're not supposed to really talk about other things, but I think it'd be appropriate this case. I just want to say it with the understanding that it has to do with a vice chair position.

I don't really honestly know what does the position entail even

So you really don't do anything unless the chair I've been the vice chair, too. And you're here, and you're basically the backup if the chair doesn't run. Then you have to read Right.

Just like read the Exactly.

Yeah. There's really nothing to

it. Okay.

Sounds good.

Do you just want to know about my background? Is that what we're doing?

I would say a brief yeah.

So I moved to Northport in the 2018. I have a 13 year old son who's at Heron Creek. I have a background working in management and also as a legal assistant. Also got my nursing degree. And right now, I'm sort of just taking time.

And, we had a couple of deaths in the family, so we're just sort of regrouping and staying home with my family, appreciating family, having just lost, I said, two very close family members. Just finishing Christmas break. My son, as you probably heard me say, is sulking, really angry. They have to go back to school tomorrow and cannot help him. And I mean, it's been nonstop since Saturday. Just like, I don't want to go. I'm like, I don't know what to tell you. But what else can I tell you? My husband's a musician. We have a beautiful German shepherd named Olaf who we rescued 2024.

He is literally the biggest dog you've ever he's enormous. And he's gorgeous, but very fierce looking. And I've noticed people cross and move away from us when they see us coming, but not necessarily a bad thing.

Don't know what else I've I can tell

never felt safer walking a dog in my life. Like you could take him out at two in the morning and you just don't worry. What else can I tell you? It's really like all I can think of. Do you have any questions? I'm happy to answer anything.

Any other nominations? Do you accept the nomination Any other nominations? Excuse me.

So if you guys want to just make a

quick decision

just solidify the elections,

then it'll be good. I

make a motion yet.

I make a motion to elect Tim Drum as chair and Diane Stark as vice chair of the EAB.

I second it.

Do I just say I agree or

We did. I Yep.

We have to vote. Vote. All in favor? Aye. It's unanimous.

Congratulations.

Thank you. Congratulations.

You still get to finish.

That's what I was thinking. What?

You still get to finish.

I didn't no, no. I

would say

you can't

finish this now.

So I guess the next thing's on to presentation 20 Six-two29.

Kaitlyn Coughlin, assistant city attorney here at Northport. I am going to do your yearly, which if you're on two advisory boards, as we just stated, you're going have to hear twice or multiple times. It is a mandatory advisory board and committee training. I'm sure Diane may be the only person who hasn't taken

it. Probably.

But you have legal background.

Yes, unfortunately. You probably understand. A

very high level overview just of the Sunshine Law in general.

I mean, it's been a long time. I've worked at Jones State, but it was a long time ago.

No, that's Okay. Yeah. And so this is really just a high level overview of advisory boards, committee training, ethics, a little bit of public records. Because you make recommendations and you take actions on this board, the Sunshine Law does apply to this board as well. And that confuses a lot of people, because you would think just our city commission is subject to the Sunshine Law, but that's not accurate. So we go over it just as, like, a big high level reminder because there are penalties involved. So what's the sunshine law? The sunshine law is the right to access any governmental proceedings. So we're all in the sunshine. There's nothing to be done in the shade, And there's a whole manual that I at least open twice a day that explains all of this.

And that's not even the ethics manual. Who does it apply to? It essentially applies to anybody who's making a recommendation or an action. You would think at a high level that it would be the city commission or maybe the planning and advisory boards. But since you guys do make recommendations in this room, it's going to apply to you as well and members elect. Why is it important? What we I basically go over is what causes, right now, the four of you to have a meeting, and that's what we're trying to avoid. So a meeting is any gathering. It could be formal. It could be casual, but it's going be of two or more people in this room.

The conversation could be via Facebook. It could be via Instagram. It could be on the phone. If you are talking about matters that are potentially foreseeable that you're going to make recommendations on in this room, you are going to want to put it on the agenda. And that's why when they looked over and they asked, like, can you talk about that? That was absolutely fine. I thought you were maybe going to go into, some foreseeable actions that you wanted to take something on and stuff like that. So that's the only reason that I erred on the side of talk about yourself, because you want to definitely make sure that the public is aware of what we're talking about the same way that the commission would as well. So what is the requirement to not be in the shade and to be in the sunshine? It's going be an open meeting.

It must be open to the public. Anybody is able to come here. We have it audio recorded, so they are able to listen the same way that we listen to the commission meeting on, like, let's say, YouTube. It has to be a reasonable notice, must be provided, because people want to see what we're talking about. The same way you want to see what's on the commission meetings is everybody wants to know, Or those who do want to know about what happens in this room are able to look on the agenda. And that's where we have the reasonable notice. And then obviously, the clerk's office is going to be here taking the minutes, which is a little bit different than some other areas I learned today. It sounds like you guys may

take

minutes when you do board meetings maybe in different jurisdictions and stuff. So what's a social gathering? This is what you're not prohibited to do. If you are discussing anything that potentially could be on an agenda one day, that is going to be a gathering. You don't want to sit there and talk about something that you make a decision on later on and then come to find out your cousin's brother's wife owns this company, and then it has the appearance of impropriety.

So everything needs to be done here. The cure is the same way when you do ex parte communications up on the commission, is if there's any ex parte communications that you basically, you say those things so that your appearance of improvariety is not there. Other potential meetings could be an email, text message. It really could be anything. And that includes work phones, personal phones, social media.

I heart more on that now because, as we know, we do have a lot of Northport pages. And I try the best I can to follow it in the positive light. However, conversations, through comments, could potentially be something, and not so much for this group, but it's something to keep in mind that when you're posting or if you're commenting on something on social media that may or may not allow you, let's say, to read it, you don't necessarily want to give that impression. The reason we say all of these things is because there's penalties. So AGO opinions I don't know how familiar everybody is with an AGO opinion, but essentially the attorney general's office will break down Florida law.

It's not binding the same way it'd be in a court, but I use it quite a bit. These were just different opinions that I pulled basically to say what the attorney general is saying on the matter. So as to the first one, the city commissioners cannot use an electronic newsletter to communicate among themselves on issues that foreseeably may come before the board. Members of the city border commission cannot engage on the city's Facebook page in exchange or discussion of matters foreseeably will come before the board. Board members should discuss public business at publicly noticed meetings rather than a series of letters between board members.

And then a member of a public board may not use computers to conduct private discussions among themselves about board business. All of that creates a public record. The reason that there are penalties is because the second you create a public record, you're having to retain it. We'll get into that in a minute. Communications on personal devices.

I was the police legal advisor for a few years before I am now in this position. And that was the number one thing is when an officer is using their personal phone, that is still subject to a public record. If it's talking about the discussion or the mostly, it'll be, you know, them texting back and forth or something on, like, oh, there's a firearm case. Well, that's creating a public record. So that could be on that really any form of communication could be a public record if you're talking about instances in this room that you may be voting on or something foreseeable.

Penalties for violation again, it does happen. And I put some examples in here, but you could be removed from office, a non criminal fine up to $500 Court shall reasonable attorney fees against the city, and then criminal prosecution. Example here, this was actually just a development board as well. Two members, they were prosecuted. Basically, they created a Sunshine Law violation when they provided the other one with the list of names of potential officer candidates.

And then they you kind of hear this happening. Want certain people on a board member, so you're having this external communication about who you want on the board. Well, that's being voted on, the same way that we just saw this today. You don't want to show that you are illegally, at this point, now making decisions behind the public. And that's exactly what happened here. And they were actually prosecuted. Same thing here. And I've used this example for a few years. But they basically postponed the regular meeting where they were going to remove the mayor. Postponement was advertised, but then they ended up meeting that night anyways and made all of these big decisions.

And then they ended up doing forty five days in jail because of it, they being the commissioners at that time. Public records everything is a public record. It is so hard to understand until you are in this position for more than a week. And it's because you are always creating a public record. And now that I've done more public records requests with the clerk's office, it's so important because the public is allowed to see your internal communications regardless of what that looks like. I used to put smiley faces after each thing just as more a friendly conversation. Well, all of those things are now I'm reading all my emails and like, do I have

to do those smiling faces at

end of it? Not a big deal, but it just kind of shows the reality of anything you are putting in writing as it has to do with this board is now creating a public record. All the clerk's office has to do is pull it, and you should be retaining those records as well. So a public record should really be anything, anything that is used in transition, or transaction of official business. You can ask yourself, is this a public record?

Am I receiving this material because of my position on this board? Is the material made or received in connection with the transition or the transaction of official business to the city? And then is the material used to perpetuate, communicate, or formalize knowledge of that information. Anything, again, my paralegal put this through, so she has a lot of pictures on here. This is not the one that's on there, on the agenda either, but I will upload this for you there's some good information in there.

So basically, anything that is a public records request so when I receive a public records request that comes to legal, I am looking not for a public record. I'm looking for a redaction. So Public Records Act is liberally construed in favor of disclosure. So there are exemptions that go into public records. So I was a state attorney before.

My name and my address are most likely going to be redacted off everything Same with a lot of people in the city. So certain things will be redacted, but it is mostly going to be disclosed if somebody asks for it. The city clerk is obviously the custodian of the public records. And then if you ever get a public records request in this room as it has to do with this board, I would forward it to your staff liaison and have the clerk's office handle that. Retention, if you are creating a public record or you feel is a public record that needs to be forwarded to either the staff liaison or to the clerk's office because you're required per Florida law to retain those.

Just another example, a newly elected Manatee County commissioner is being sued for failing to respond to a public records request. I have this happen a lot to me. I will get an email from somebody who I maybe helped for an RPO or something similar, and they'll send me a request for documents just via email. I have to then forward that to the clerk's office who will then open up a matter, not that you will ever get one. But if you do, just don't ignore it because you could potentially get in trouble for that as well.

And then the inability to comply with the request is no excuse. I remember the clerk's office when I first started, I one of the other attorneys were on vacation. She was more familiar with it. I said, you know, we'll wait until she gets back, then that's not a good answer. It has to be within a reasonable amount of time. So learned that the hard way and, got that handled. But, yes, it has to be in a reasonable amount of time. So that's why it's good to retain them so you have everything in one place, it can be easily, given out to the requester. Same thing here, not complying with the public records request can be expensive. That's why we have the clerk's office.

If you ever contact the clerk's office for a public records request, it comes to you within a reasonable amount of time. This one, for instance, was $60,000 in legal fees. Ethics these three and I'm going to email this to the clerk's office who will get it to you. The guide to code of ethics is probably going to be the best thing for you guys in this room and ladies in this room. Basically, if you ever think you're voting on something that you're not sure if you want to that you can vote on legally, that's going to be your best bet.

People ask me, but my position is with the city. So what's in the best interest of the city? I can't necessarily say subjectively subjectively whether whether you you have have this this ethical violation. I can point you in the right direction. But essentially, it's going to be the best to contact the ethics committee for that. I do it for the bar. It's all confidential. So they'll just answer the phone and say, hey, I've been put in a couple situations with a judge, like, hey, can I answer this? And it's very helpful. Prohibited contacts, obviously, do not accept any gifts.

Anything of value, be careful with that one. It could be even just a casual going for coffee. Well, if it's going to maybe sway you in a direction one way or another on a recommendation you're making in this room, you're going to obviously want to be cognizant of that because that could be a violation. Any unauthorized compensation, I don't want to insult anybody's intelligence. These are all very obvious things, but they can look different in real life.

And then misuse of a public public position you've heard this example I've used a million times since you guys have already heard this. But the first thing I used to be a state attorney. The first thing they tell you day one is like, when you get pulled over, don't be flashing your new look pretty badge you got. And I can't tell you how many people just flashed their badge and then got fired because that makes no sense. But again, you could say it, and then it can look different in real life.

Abuse of a public position, any disproportionate benefit. Again, a disproportionate benefit is going to really be subjective to you, and it's going to look different for everybody. So that's when you would go ahead and use the ethics commission hotline. Disclosure or use of certain information mostly everything's going to be done in this room, but if you've obtained information through your position in this board, you obviously can't repeat that to other people. Prohibited relationships you can't rent or lease anything if you own a business outside of this.

It applies to your spouse and your child. You can't receive any benefit for your position here. And the same thing with any employment or contractual relationship. The reason I mention all of this, too, is because of voting. Obviously, if you're receiving a disproportionate benefit, the cure is that you abstain from voting on that and you let the rest of your colleagues vote.

You may not abstain for voting unless a conflict of interest exists and in a quasi judicial proceeding to assure a fair proceeding free from potential bias or prejudice. Voting conflicts, you're actually prohibited by state law if you have any financial interests to the I can't think of a good example, but again, it could happen this year, especially if you guys are talking about something where there could be a financial interest to yourself or others, others being relative or business associate even. The cure, again, is that you're going to just fill out the paperwork. Nobody's getting in trouble in this room because there is always a cure. So any of these people are getting a disproportionate benefit on something that you are voting for in this room, keep that in mind.

You're going to want to fill out that paperwork, and we can guide you through that. Penalties, which is why it is mandatory that we give this training, impeachment removed from office. The civil penalties, even on smaller advisory boards, are real. It takes one person to say, I want to look into this more. I've done these public records requests.

I pulled all your emails that you've not retained because they're a public record. And I promise you, people will find a reason to make what are what's important to them, essentially. And basically, then you get in trouble. So quorum and motions, as you guys just found out and it's not always going to be perfect. That's why we're all here to guide you.

A motion needs to be a clear and concise statement. It requires a second. The discussion will open beginning with who made the motion, and then the board will debate the motion. Obviously, like we kind of had an example is to say on topic, talking about something else is out of order. Typically in the commission meeting, that's when you'll hear either the city attorney or the clerk's office say, we're kind of getting off topic right now.

What's on the agenda is this, we need to stick to this. Time limits per speaker, it can be modified with a twothree vote. You're not going to most likely run into that issue here, but again, just how you see it on the commission, everybody gets three minutes. If we gave somebody more, it's disproportionate. Each board member will speak lunch promotion unless no one else is waiting to speak. Alternative members, I keep this in here. This is going to mostly be an internal thing. We will figure most of this out for you. I just wanted to point out the portion in the city code that does do alternative members in case we run into something one day where we need an alternative member. And then requesting information that's not a public record.

This is important. And, again, I'm gonna send this to you. But, you can only do that through vote. So if there's a report or, let's say, something that you really wanna look at, if the board unanimously votes on that, then you contact the staff liaison, and we'll get you a copy, whether it be my office, or the city manager's office. So, again, this is a high level overview. Everything has to be done in this room. Watch who you talk to. Obviously, if you guys are all talking about the weather amongst yourselves, but if it's something that could be on the next agenda, just make sure and have the staff liaison put it on the agenda. There's no harm in that. And then you guys can chitchat about it.

And I'm always I basically live here, so I am upstairs. If you have any questions, let me know.

Yeah? Question. I've had a lot of dealings with the cities and emails, and I've even talked to my attorneys about this, and they're not clear on it. Well, when emails are sent out, lot of times the city always says, please don't reply back all because it's violating Sunshine. My attorneys have stated that that's probably not necessarily a true statement. It's just that the emails then, if they reply at all, has to go into public records.

Yes. And most of the time that they tell me, is this an example? Like, are you talking about Anything. Scheduling and

Topics where I'm an engineer, so I deal a lot with the city and the questions. And, like, I've had stuff where my assessment, they're trying to make sure it doesn't become public record.

Right.

They're like, don't reply back to all.

Right.

Of course, then I always reply back to all.

I know. I know.

So it

becomes public record. So legally, we're allowed to reply back to all

But

then it becomes public record.

It becomes a public record, exactly. And to kind of double off that, if there's other communications and you are replying all, I've had this come up as an example before. All of you guys are maybe in a group message. You reply all. It looks as if you're having a communications via email. If it's non substantive, that should be okay. The last example was like scheduling a meeting. Somebody replied all, and they thought they're in violation of Sunshine, but not

So if I reply all, it's not a violation of Sunshine. No. It just needs to go into records that is substantial information.

Exactly. And hopefully, there's I'm sure, as you know, a lot of the time, especially with documents that are confidential and exempt, that is going to be where legal review comes in. So sure, you reply all to something that should not have gone out, well, then that's my job now to come back through. And obviously, the clerk's job to come back through and say, hey, this is a public record, but this information cannot come out. Yeah. So they do say that, but don't worry. You're not the only person who doesn't reply at all. I knew your name looked very familiar.

Yes, ma'am.

I'm sure it is.

I know. I was like, wait, I've seen that name a million times. I think it's a double m. But no, you're correct. It's the cure. There's always a cure for it. Sure. If you do that, the cure should not be a criminal penalty, obviously. But the cure to a lot of these ex parte communications and a lot of things are going to be to put it on in this room that would otherwise be confidential. I hope that answered your question.

Yes, ma'am.

First day back on vacation, you're just wondering what's happening here.

And Caitlin, in theory, if, let's say, a board member sends an email to all board members about an item, that's a no no. Correct. Because Right. In theory, that's a discussion.

It could look at it, like, as a discussion. Yep. Exactly.

Doesn't it just has to be submitted as a public item at that point for a public record?

If if I were litigating that and I asked you not to reply I see where you're going with this. If I was litigating that, potentially,

that

could be a problem. If you accidentally replied all and that was clear clear that you weren't having a communication that was talking about the substance of the email, I could litigate for you to say, this is the facts. But I see what you mean. Some of the reply alls could potentially be hazardous. Yes, it becomes a public record, but then who pulls that public record that you guys were having a discussion?

That's really it. If we get to a litigation standpoint, what arguably does this look like? Were you making a decision, or were you accidentally replying all? I'm sure I can find an AGO opinion on that, though, on a reply all. I'll get that to you.

Appreciate it.

I'm a find you an AGO opinion. I'm sure that I'm sure there's plenty on a reply all. And then I'll let you know next time for sure. Or actually, I'll just send it to

a second.

Good point.

Yeah. I'll do And then anything else you guys can think of, I'm going to send this over to you. My number's on that. I'm, like I said, always upstairs. So if you run into any other issues or you have a concern, keep in mind that I have to advocate for the city. I may just tell you to call the ethics hotline, but I'm not being rude. I'm just subjectively, I want you to have the best answer. If I don't know all the facts, then they're confidential and they can know all of it. Sorry you got to hear this again in a week.

That's Okay.

All month. If you guys think of anything else, let me know. And happy new year.

Happy new year. Thank

you.

Alright. So that was for the current presentation is done. So future agenda items, I guess the agenda item that I presented at the last meeting is going to be on next month's meeting.

Yes. Yes, chair. So I wanted to bring up that there will be a couple items at the next meeting. So one of them will be, of course, an update from our parks and rec liaison. There will be an item which will allow for our new member, Diane, to speak a bit more about herself and perhaps to get to know the Board members better.

Also, will be an item about the twenty twenty five annual reports and the goals of the Environmental Advisory Board. So I would like for all members to contemplate on any potential goals that you may have for the upcoming year as well. Will have the accomplishments listed, but of course, you can add some if you could think of anything that I may have missed. But another key priority is to identify the goals. And Chair, last but not least, the item that you brought up about the future utilization of the Environmental Protection Fund, there will be an item for discussion for the board.

Any other items you would like to

That's bring what I wanted to see.

Oh, yeah, my topic, yeah.

So for like the goals that you're talking about, can I will I be able to see what like last year's goals were just to get an idea of what kind of things you're talking about?

So for the for the last year, the environmental advisory board did not really define a set of goals, which is something that I should have also led a bit more towards. But I can provide some some ideas Okay. Of previous goals and I also have some by other boards as well for the for all members information. Okay. And I can I I should be able to email those to you by the end of by the end of the week?

Oh, it's no rush. I'm just curious, like, just get a general idea.

Okay. Nothing else from anybody that wants to add to the agenda public comments? Alright. I guess at this time, if there's no other items to address, we can adjourn.