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PC Minutes 09/30/2010 MINUTES OF THE TIER DESIGNATION REVIEW COMMITTEE Regular Meeting Tier Designation Review Committee Thursday, September 30, 2010 Key Largo, Florida A regular meeting of the Tier Designation Review Committee convened at 9:13 a.m. at the Murray E. Nelson Government and Cultural Center. Present were Amy Phillips, Department of Environmental Protection; Randy Grau, Fish &Wildlife Conservation Commission; Richard Grosso, Everglades Law Center;Julie Cheon, Florida Keys Aqueduct Authority;Tiffany Stankiewicz, Development Administrator, Planning and Environmental Resources; Susan Grimsley,Assistant County Attorney; Christine Hurley, Director, Growth Management Division; Michael Roberts,Senior Administrator, Environmental Resources; Phil Frank, Private Environmental Consultant; Bryan Davisson, GIS Planner, Growth Management; and Rebecca Jetton, Department of Community Affairs. Winston Hobgood, U.S. Fish &Wildlife,attended by telephone where noted in the minutes. APPROVAL OF MINUTES Motion: Randy Grau made a motion to approve the August 19,2010 and August 20,2010 meeting minutes. Richard Grosso seconded the motion. A vote was taken with the following results: Julie Cheon,Agreed;and Amy Phillips,Agreed. MAP SERIES (DEFERRALS) MAP 5 Property owner Darlene Gardner was present. Randy Grau stated that he went out and performed a site visit to the properties denoted as 106b on the map. The properties to the west are heavily infested with exotics, and the four lots going east towards U.S.1 had less exotics and more native vegetation. Motion: Randy Grau made a motion that the two lots to the west remain Tier Ill,and the four lots towards U.S.1 be designated SPA. Julie Cheon seconded the motion. Mr. Grau stated the secondary impacts of development would be clearing of exotics,which would be an improvement of the property. A vote was taken with the following results: Amy Phillips,Agreed;and Richard Grosso, Disagreed. Mr. Grau also performed a site visit to the outstanding properties in Area 106a and felt a SPA designation would be appropriate. Julie Cheon would be more inclined to make these properties Tier III. Mike Roberts stated that the area is on a transitional line between hammock and wetland. Motion: Randy Grau made a motion that the entire strip of lots in 106a be designated SPA. Mr.Grosso questioned whether it is consistent with the carrying capacity study to make it easier to develop lots that are part and parcel of a Tier I natural area. Mr. Roberts stated the area to the east, west and south of these properties is developed. Amy Phillips seconded the motion. A vote was taken with the following results: Richard Grosso, Disagreed; and Julie Cheon,Agreed. Michael Roberts directed the Committee to the SPA lots on the southern portion of 106c. Some of these lots are cleared and have structures on them, and others have been improved. Mr. Roberts felt 1 the entire southern portion of 106c would more appropriately be designated Tier III. Motion: Amy Phillips made a motion to designate the entire southern portion of 106c as Tier Ill. Julie Cheon seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed;and Randy Grau,Agreed. MAP 23 Parcel Number 00501140.000000 in 134c was previously designated SPA pending a field review by the Committee to determine the exact acreage. Michael Roberts felt the more important question was whether or not these lots in 134c rise to an elevated level of protection,as there is a lot of disturbance in this area. Motion: Julie Cheon made a motion to designate the parcels in 134c as Tier Ill. Amy Phillips seconded the motion. A vote was taken with the following results: Randy Grau, Agreed;and Richard Grosso,Agreed. MAP SERIES (COMMITTEE REVIEW) MAP 4 Randy Grau stated that he wanted to revisit the habitat area in the back of the church and questioned whether that would more appropriately be designated SPA as opposed to Tier I, as the natural area is wetlands and the size of hammock is fairly small. Motion: Julie Cheon made a motion to designate this area SPA. Amy Phillips seconded the motion. Michael Roberts stated that the Tier I area to the west of 105/106 was primarily mangrove, and he felt the area in question should be Tier III. Phil Frank felt it was a Tier III with the caveat there was no way to develop those mangroves. A vote was taken with the following results: Randy Grau,Agreed;and Richard Grosso,Agreed. Motion: Julie Cheon made a motion to reconsider the same property discussed previously Tier Ill. Motion died. Richard Grosso asked how redesignating a parcel to Tier III because it is wetlands would affect the potential policy for wetlands to be designated as something other than infill.. Mr. Roberts said the wetlands should be protected regardless. MAP 38 Randy Grau revisited the two properties on the map and questioned whether they would more appropriately be designated as Tier I due to the quality of the hammock. Mr. Grau asked about the difference in protection of the hammock between the SPA and Tier I designations. Michael Roberts explained that difference and said that for SPA the directions in the comprehensive plan for the land acquisition program were to acquire hammock within developed areas of an acre or more. Mr. Grau said he felt the hammock in this area is worth preserving. Mr. Roberts reminded the Committee that SPA is a subset of Tier III,and that is why the clearing limits are the same in SPA as they are in Tier III, and that the protection afforded to SPA properties is the points that are available in ROGO. Richard Grosso said he thought it was more of a science question regarding the importance of this hammock. Phil Frank stated this patch of hammock is big enough to be a piece of habitat. Mr. Roberts feels the SPA designation is appropriate. Motion: Julie Cheon made a motion for the properties to remain SPA. Amy Phillips seconded the motion. A vote was taken with the following results: Richard Grosso, Disagreed;and Randy Grau, Disagreed. Motion carried,as there were not enough votes to change the designation. 2 MAP 70 Randy Grau felt area 450d would more appropriately be designated Tier III. Motion: Randy Grau made a motion to change 450d from Tier I to Tier Ill. Julie Cheon seconded the motion. Amy Phillips pointed out that because it is a mobile home park, if the mobile homes were to be removed the property could be restored to Tier I. Randy Grau said it is filled land. Michael Roberts informed the Committee that a potential redevelopment of the property may not be subject to ROGO, and the clearing limitations of the tier are limited to native upland habitat. Mr. Roberts concurred that this property is more appropriately a Tier III. A vote was taken with the following results: Amy Phillips, Agreed;and Richard Grosso,Agreed. MAP 71 Amy Phillips asked for, and received, clarification of the designations in area 467e. MAP 7 Amy Phillips asked for, and received, clarification of the Tier III designations in area 112b. MAP 8 Amy Phillips asked for, and received, clarification on the SPA designation of the long parcel up to the north in area 113c. MAP 21 Amy Phillips asked for, and received, clarification on the tier designations in area 134a. MAP 35 Amy Phillips asked for clarification of the designations of the interior lots on this map. Michael Roberts recited the history of the Committee's designations. Mr. Roberts stated that he feels this is a Tier III subdivision, even though it does contain nice hammock fragments within it. Richard Grosso asked what was more important, having more lots in Tier III or having more hammock protected? A brief recess was taken. MAP 57 Amy Phillips sought clarification on Parcel Number 00210811-007000. Michael Roberts reminded her that this parcel has an active exotic removal permit and the Committee recommended a Tier III designation. FINAL RECOMMENDATION Motion: Randy Grau made a motion for the maps in Volume 6, minus Map Series 4,5, 23 and 70, be approved for final recommendation. Amy Phillips seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed;and Julie Cheon,Agreed. 3 Winston Hobgood made an appearance telephonically. MAP SERIES (ADDITIONAL CHALLENGES AND STAFF REQUESTED PARCELS) MAP A Randy Grau stated that the small subdivision parcels south of the church were previously changed from Tier Ito SPA. Winston Hobgood said that this was a known location for at least one listed species. Motion: Winston Hobgood made a motion to make these parcels Tier I. Michael Roberts explained the recommendation has already been changed by this Committee to SPA. Amy Phillips questioned why these parcels would be SPA when they are located in a subdivision. Mr. Roberts pointed out these parcels are in very close proximity to U.S.1 and recommended changing them to Tier III. It was agreed to vote on the parcels polygon by polygon. Motion: Julie Cheon made a motion to have the designation for the three smaller polygons remain as originally recommended. Winston Hobgood seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed; Richard Grosso,Agreed;and Randy Grau,Agreed. The four polygons to the north,which included the two privately owned parcels in the corner, were reviewed. Motion: Julie Cheon made a motion for the two larger parcels to become Tier Ill and the two triangular parcels remain SPA. Amy Phillips seconded the motion. A vote was taken with the following results: Winston Hobgood, Disagreed. Mr. Roberts described the larger parcels as the Winn- Dixie parking lot. Richard Grosso,Agreed;and Randy Grau,Agreed. Susan Grimsley asked if each member's book of maps should be collected and kept for posterity. Tiffany Stankiewicz explained that there is one book being held for posterity, but that each member should submit their recommendation sheet only, as that is the only sheet with any changes noted. MAP B Randy Grau stated he conducted a site visit to the one lot that was brought forward to have a change made from Tier III to Tier I. Mr. Grau said although there is canopy, it was cleared underneath. Motion: Randy Grau made a motion to leave the parcel as Tier Ill. Julie Cheon seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed;Amy Phillips,Agreed;and Winston Hobgood, Disagreed,due to connectivity. Tiffany Stankiewicz clarified that she is only collecting the recommendation maps if there have been changes made to them. MAP C Two lots are being recommended by Everglades Law Center to be designated SPA as opposed to Tier III. Phil Frank stated that even though there may be hammock fragment, it is surrounded on four sides by development. Motion: Julie Cheon made a motion for these two lots to remain Tier Ill. Amy Phillips seconded the motion. A vote was taken with the following results: Winston Hobgood, Agreed; Richard Grosso,Agreed;and Randy Grau,Agreed. 4 MAP D Randy Grau stated the five lots on this map contain hammock of decent quality. Julie Cheon pointed out that the area is 71 percent built out, is on U.S.1, and is not a parcel the county would want to spend money on to protect and restore. Michael Roberts concurred with Ms.Cheon. Motion: Amy Phillips made a motion for the five lots to remain Tier Ill. Julie Cheon seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed; Richard Grosso, Disagreed;and Randy Grau,Agreed, but only because they were less than an acre. MAP E Randy Grau stated that he felt this area does have little patches of hammock, but he does not feel they rise to the level of SPA. Motion: Randy Grau made a motion the properties remain Tier Ill. Julie Cheon seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed; Winston Hobgood,Agreed;and Richard Grosso, Disagreed. MAP F Bryan Davisson stated this property is condominiums with multiple owners. Motion: Randy Grau made a motion that the designation remain the same. Winston Hobgood seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed; Richard Grosso,Agreed;and Julie Cheon,Agreed. MAP G Randy Grau stated one parcel is being brought forward to have a Tier I recommendation made. Mr. Grau said the lot does contain a sliver of hammock of good quality, but the lot itself is an industrialized transfer station for mulch. Motion: Amy Phillips made a motion this parcel remain Tier Ill. Julie Cheon seconded the motion. A vote was taken with the following results: Randy Grau, Agreed; Richrad Grosso, Disagreed;and Winston Hobgood,Agreed. MAP H Randy Grau stated that the lot in question is mostly cleared of understory with houses on both sides. Motion: Randy Grau made a motion the designation remain Tier Ill. Julie Cheon seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;and Richard Grosso, Agreed. MAP I A recommendation of Tier I is being requested for the four small lots,currently two SPA and two Tier Ill. Randy Grau found the two lots to the north that are presently SPA had good quality hammock. The two parcels to the south had more exotics and were more disturbed. Phil Frank agreed that the two lower lots were a lower elevation and suggested keeping all four lots designated consistent with one another. Motion: Randy Grau made a motion the recommendations remain the same. Winston Hobgood seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed; Amy Phillips,Agreed;and Julie Cheon,Agreed. 5 A recommendation of SPA is being requested for the lot in the median. Randy Grau doesn't believe it meets the one-acre size. Motion: Randy Grau made a motion the recommendation remains the same. Amy Phillips seconded the motion. A vote was taken with the following results: Julie Cheon,Agreed;Winston Hobgood,Agreed;and Richard Grosso,Agreed. The two parcels on the north side were considered. Michael Roberts stated the parcel to the right is developed and, even though it contains trees, does not contain hammock. The parcel to the left is more mangrove than hammock. Motion: Randy Grau made a motion to leave the recommendations as they are. Bryan Davisson informed the Committee the parcel on the east has been aggregated and has one owner. Julie Cheon was inclined to recommend the parcel to the right be Tier Ill and the parcel to the left remain SPA. Michael Roberts concurred with Ms. Cheon. Motion: Randy Grau withdrew his previous motion,and made a motion that the parcel to the left remain SPA, but the parcel to the right become Tier Ill. Julie Cheon seconded the motion. Richard Grosso expressed his view that parcels should be designated based on habitat value, not whether parcels have been aggregated or not. Michael Roberts stated the western portion of the parcel to the right is not a parcel that ever would have been considered to be a SPA lot because of its current habitat. A vote was taken with the following results: Amy Phillips,Agreed; Richard Grosso, Disagreed;and Winston Hobgood, Disagreed. MAP J Julie Cheon stated that she has conducted a site visit to this area. The houses do constitute breaks of the smaller parcels and the amount of hammock on the larger parcels is not extensive. Motion: Julie Cheon made a motion to leave these parcels as originally designated. Amy Phillips seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed; Randy - Grau,Agreed;and Richard Grosso,Agreed. MAP K Michael Roberts stated there has been some clearing in the central part of the bayside parcel. Randy Grau questioned why this parcel wouldn't be considered SPA when it had better hammock than the SPA parcels adjacent to it. Motion: Randy Grau made a motion to change this parcel to SPA. Richard Grosso seconded the motion. A vote was taken with the following results: Winston Hobgood, Agreed;Amy Phillips,Agreed;and Julie Cheon, Disagreed. Randy Grau performed a site visit to the two parcels on the south side of U.S.1 and informed the Committee that they are partially cleared. Motion: Randy Grau made a motion that the two parcels on the south side of U.S.1 remain Tier Ill. Amy Phillips seconded the motion. A vote was taken with the following results: Julie Cheon,Agreed;Winston Hobgood,Agreed; and Richard Grosso,Agreed. MAP L Amy Phillips pointed out the disturbance on the edge of the property. Randy Grau stated there is canopy on the lot and what might be called hammock. Bryan Davisson said the size of the hammock was a half-acre. Motion: Randy Grau made a motion the parcel remains Tier Ill. Amy Phillips seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;and Richard _ Grosso, Disagreed. Winston Hobgood terminated his telephonic connection to the meeting. 6 MAP M Randy Grau stated the three lots in question had good hammock on them. Michael Roberts noted that the hammock in the subdivision is severely fragmented and these three parcels are surrounded by development. Motion: Randy Grau made a motion that the two contiguous lots be designated as SPA and the parcel between the two houses designated as Tier Ill. Richard Grosso seconded the motion. Julie Cheon preferred to see all three parcels designated Tier Ill. A vote was taken with the following results: Julie Cheon, Disagreed;and Amy Phillips,Agreed. MAP N Michael Roberts stated that the lot in the challenge area has canopy with trailers parked underneath them. Motion: Julie Cheon made a motion that the ELC parcel remains Tier Ill. Randy Grau seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed; and Richard Grosso,Agreed. Randy Grau stated he conducted a site visit to the area recently. Mr. Grau stated the corner lot of the three parcels in the upper right corner of the map had a house on it. Motion: Randy Grau made a motion for the designation to revert to Tier Ill. Amy Phillips seconded the motion. A vote was taken with the following results: Julie Cheon,Agreed;and Richard Grosso,Disagreed. Moving to the left on the same street,the remaining parcels in blue, Randy Grau stated the hammock is contiguous and undisturbed. Motion: Randy Grau made a motion to leave the designation as SPA. Amy Phillips seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed;and Julie Cheon,Agreed. Motion: Randy Grau made a motion that the parcels in the upper right remain SPA. Julie Cheon seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;and Richard Grosso,Agreed. Julie Cheon asked to review the two parcels to the bottom of the previous parcels voted on. Motion: Julie Cheon made a motion to revert these two parcels to Tier Ill. Amy Phillips seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;and Richard Grosso, Agreed. A luncheon recess was held. MAP O Motion: Randy Grau made a motion the parcels remain Tier Ill. Julie Cheon seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;and Richard Grosso, Agreed. MAP P JRandy Grau stated that the Electric Co-op's property north of U.S.1 is all disturbed except for a strip of mangroves in the upper left corner. Motion: Amy Phillips made a motion the property remain 7 Tier Ill. Randy Grau seconded the motion. A vote was taken with the following results: Julie Cheon, Agreed;and Richard Grosso,Agreed. Julie Cheon stated there was no hammock on the three ELC lots towards the bottom of the map. Motion: Julie Cheon made a motion for the parcels to remain Tier Ill. Randy Grau seconded the motion. Mr. Roberts confirmed there is mangrove and buttonwood on the properties, but no hammock. A vote was taken with the following results: Amy Phillips,Agreed;and Richard Grosso, Agreed. The blue lots in the middle of the map were reviewed. Motion: Julie Cheon made a motion the property on U.S.1 be designated Tier Ill because it is a developed property. Amy Phillips seconded the motion. Ms. Phillips noted this property is built out as much as it can be. A vote was taken with the following results: Randy Grau,Agreed;and Richard Grosso, Disagreed. Motion: Julie Cheon made a motion that the three large lots in the"top part of the elbow,"as well as the smaller lots directly adjacent to them, remain SPA. Amy Phillips seconded the motion. A vote was taken with the following results: Randy Grau,Agreed. Richard Grosso asked if the one hammock together is important enough to put into Tier I. Michael Roberts pointed out that some of the lots are mapped as hammock, but that the hammock fades out on some properties. Motion: Julie Cheon made a motion that the two lots in the corner and the one by itself become Tier Ill. Amy Phillips seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;and Richard Grosso,Agreed. Michael Roberts stated the the puzzle-shaped parcel looked like intact hammock and the waterfront lots had canopy coverage, but with lawns underneath. Motion: Julie Cheon made a motion that the puzzle-shaped parcel be designated SPA and the remaining parcels be designated Tier Ill. Amy Phillips seconded the motion. A vote was taken with the following results: Randy Grau,Agreed; and Richard Grosso, Disagreed. MAP Q Randy Grau stated this map was central Duck Key and a lot of the area is wetlands. Motion: Julie Cheon made a motion the parcels remain Tier Ill. Randy Grau seconded the motion. A vote was taken with the following results: Richard Grosso, Disagreed; and Amy Phillips,Agreed. MAP R Motion: Julie Cheon made a motion that the parcels on Mariposa Road remain Tier Ill. Randy Grau seconded the motion. Mr. Grau stated nothing constitutes hammock on these parcels. A vote was taken with the following results: Amy Phillips,Agreed;and Richard Grosso,Agreed. Motion: Randy Grau made a motion that the two SPA lots on Mariposa west of Coral remain SPA. Julie Cheon seconded the motion. Bryan Davisson informed the Committee these parcels were County-owned. A vote was taken with the following results: Amy Phillips,Agreed;and Richard Grosso, Disagreed. Winston Hobgood joined the proceedings telephonically. 8 Randy Grau stated that the two County-owned lots at the bottom of the map were cleared with some big trees remaining on them. Motion: Julie Cheon made a motion the parcels remain Tier Ill. Randy Grau seconded the motion. A vote was taken with the following results: Richard Grosso, Disagreed;Amy Phillips, Disagreed;and Winston Hobgood, Disagreed. Motion: Amy Phillips made a motion the two parcels be designated SPA. Randy Grau seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed;Winston Hobgood,Agreed;and Julie Cheon,Agreed. Michael Roberts wished to discuss the four parcels fronting U.S.1 at the same time as discussing the parcel to the lower right. Two of the parcels fronting U.S.1 are County-owned. Mr. Roberts stated there are trees on the lots, but no hammock. Motion: Randy Grau made a motion that the one ELC lot in yellow and the first three skinny lots be designated Tier Ill. Amy Phillips seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed;Winston Hobgood,Agreed;and Julie Cheon,Agreed. Motion: Winston Hobgood made a motion that the long DOT parcel and the challenge parcel north of U.S.1 on the right be designated Tier I. Mr. Roberts pointed out that the yellow lot was mapped as exotics. Randy Grau said that parcel consisted of more hammock than exotics. Randy Grau seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed; Richard Grosso,Agreed; and Julie Cheon, Disagreed. Randy Grau stated the lots in the subdivision being challenged were filled and had no hammock on them. Motion: Randy Grau made a motion the parcels remain Tier Ill. Julie Cheon seconded the } motion. A vote was taken with the following results: Amy Phillips,Agreed; Richard Grosso,Agreed; and Winston Hobgood,Agreed. MAP S Motion: Julie Cheon made a motion the parcel remain Tier Ill. Amy Phillips seconded the motion. A vote was taken with the following results: Winston Hobgood,Agreed; Randy Grau,Agreed; and Richard Grosso,Agreed. MAP T Randy Grau stated that one site on this map was a construction site and the other site contained a mix of natives and exotics. Motion: Randy Grau made a motion to leave the two parcels Tier Ill. Julie Cheon seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed; Winston Hobgood,Agreed;and Richard Grosso,Agreed. MAP U Julie Cheon stated there was no hammock on the challenge parcel. Motion: Julie Cheon made a motion the parcel remain Tier Ill. Randy Grau seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;and Richard Grosso,Agreed. MAP V 9 Motion: Julie Cheon made a motion that the yellow parcels to the west of the large expansive area remain Tier Ill. Ms. Cheon stated there was no hammock on these parcels and they are in a heavily developed area. Randy Grau seconded the motion. A vote was taken with the following results: Richard Grosso,Agreed;Winston Hobgood,Agreed;and Amy Phillips,Agreed. MAP W Michael Roberts stated this property was 100 percent mangroves. Motion: Randy Grau made a motion the Tier Ill designation remain. Julie Cheon seconded the motion. Bryan Davisson stated the parcels were privately owned. Richard Grosso thought this area should be discussed later when addressing policies of designating mangrove as infill area. Mr. Roberts reminded the Committee that a Tier III designation is not designating the wetlands as appropriate for development. Protection is in place for wetland parcels. A Tier I or SPA designation would make the County obligated to buy an undevelopable piece of land. A vote was taken with the following results: Amy Phillips,Agreed; Richard Grosso, Disagreed;and Winston Hobgood, Disagreed. MAP X Motion: Julie Cheon made a motion that the three developed parcels be designated Tier Ill. Winston Hobgood seconded the motion. A vote was taken with the following results: Randy Grau, Agreed;Amy Phillips,Agreed;and Richard Grosso,Agreed. Julie Cheon asked Michael Roberts to clarify the designation of offshore islands. Mr. Roberts ( 1 explained that the comprehensive plan designates offshore islands Tier I. Spoil islands that do not support bird rookeries are not addressed in the comprehensive plan, nor in the land development code. Rebecca Jetton stated spoil islands and bird rookeries are totally irrelevant to the tiering process. MAP Y Julie Cheon asked whether the two blue dots on the eastern side of the map were offshore islands. Bryan Davisson stated they were all privately-owned offshore islands. Motion: Richard Grosso made a motion for a Tier I designation. Winston Hobgood seconded the motion. A vote was taken with the following results: Julie Cheon,Agreed;Amy Phillips,Agreed;and Randy Grau,Agreed. MAP Z Motion: Julie Cheon made a motion Map Z be designated Tier I. Winston Hobgood seconded the motion. A vote was taken with the following results: Randy Grau,Agreed;and Amy Phillips, Agreed. MAP AA Richard Grosso said he wished to recuse himself from voting on this map, as he has advised clients in his capacity as a lawyer relative to a development proposal. Michael Roberts explained that Wisteria Island is zoned offshore, but does not have a future land use designation, and that it is a spoil -- island. Motion: Amy Phillips made a motion to designate Wisteria Island Tier I. Randy Grau asked staff for their feelings on how the tier policy works for this island. Mr. Roberts stated that absent specificity in the comprehensive plan or land development code, it is an island and it is offshore. If 10 designated Tier I, clearing limitations would be 20 percent of native habitat and native vegetation,which this island doesn't have much of. Bryan Davisson stated this island is in Florida Forever. Susan Grimsley asked Mr.Grosso to explain his recusal. Mr. Grosso explained that he had zero financial interest in the outcomes of the vote. Ms. Grimsley said Mr. Grosso is required to vote. Mr. Grosso said he would vote for a Tier I designation for all the same reasons previously stated. Randy Grau,Agreed;Julie Cheon,Agreed; and Winston Hobgood,Agreed. { MAP BB Staff requested the Committee to designate a borrow pit not in the previous challenge area consistent with those that were in the previous challenge area designated as Tier Ill. Motion: Randy Grau made a motion to designate the property Tier Ill. Julie Cheon seconded the motion. A vote was taken with the following results: Amy Phillips,Agreed;Winston Hobgood,Agreed;and Richard Grosso,Agreed. Richard Grosso stated he would prefer to err on the side of caution and not vote on the Wisteria Island issue. Michael Roberts went over the items on the agenda for discussion. A brief recess was held. MAP AA Map AA was revisited to correct the vote. Motion: Amy Phillips made a motion to designate Wisteria Island Tier I. Randy Grau seconded the motion. A vote was taken with the following results: Julie Cheon,Agreed;and Winston Hobgood,Agreed. Richard Grosso said he remains confused on the appropriateness of his voting on the issue and recused himself from the vote. The meeting was adjourned at 3:41 p.m. 11