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MINUTES

The Florida Bar
Environmental and Land Use Law Section
Executive Council Meeting
Thursday, November 7, 2002
Tampa Airport Marriot
Prepared by Robert J. Riggio


 

Members in Attendance Staff and Others in Attendance
 
Maribel Nicholson-Choice
George F. Gramling, III
Robert J. Riggio
Gary K. Hunter, Jr.
Joseph D. Richards
Susan L. Trevarthen
Enola T. Brown
Paul H. Chipok
Martha M. Collins
Michelle Diffenderfer
James M. Porter
Andrea E. Zelman
Jackie Werndli

Members Not in Attendance

Robert D. Fingar
Kirk L. Burns
Barney J. Chisolm
Jane M. Gordon
David L. Jordan
Terry L. Zinn
John J. Fumero
Robert A. Manning
 

 
I. CALL TO ORDER

Meeting called to order on November 7, 2002 by Maribel Nicholson-Choice.

II. CONSIDERATION OF MINUTES

The August 21, 2002 minutes were motioned for approval by Susan Trevarthen, seconded by Paul Chipok and approved by acclamation.

III. OLD BUSINESS

There was no old business to consider.

IV. NEW BUSINESS

A. NOMINATION/ELECTION FOR EXECUTIVE COUNCIL VACANCY. Jane Gordon’s letter of resignation was accepted by the Chair. Maribel will send Jane a letter thanking her for her service and encouraging Jane to remain involved in Section activities.

Two nominations were submitted to fill the vacancy on the Executive Council. Erin Deady was nominated by Michelle Diffenderfer with a second from Andrea Zelman Gary Oldehoff was nominated by Susan Trevarthen and seconded by Michelle Diffenderfer. Erin Deady won and becomes a member of the Executive Council.

B. REQUEST FOR COMMENT.
1. PROPOSED AMENDMENTS TO RULE 4-8.4(I); SEXUAL CONDUCT WITH CLIENTS.

Jackie Werndli indicated that the Council had until January 24, 2003 to comment on this rule change if it wanted to. Since no back up materials were available for discussion and the Council meets before the deadline, it was decided to let Jackie distribute the material by email and anyone who feels compelled to comment can contact Maribel before the next Council meeting.

V. COMMITTEE REPORTS

A. ACCESS TO JUSTICE. No report. Suzi Ruehl has indicated that she will continue to chair the committee.

B. AFFILIATE MEMBERSHIP. No report.

C. CLE. Robert Riggio reported that the Ag Law seminar appeared to be a success. The upcoming seminar has 80+ registrants. The brochure for the February consultants seminar is complete and ready for distribution. A detailed brochure for the February/March Public Interest Conference had been received from Richard Hamann. Michelle Diffenderfer and Erin Deady will cochair a water law seminar in Fort Lauderdale in the Spring. The CLE Committee met before the Council meeting and continued its planning for the upcoming year.

D. CLE TREATISE. Paul Gramling reported that a meeting had been held to discuss the reinvention of the treatise. Sales of the treatise continue to be low and there is no expectation that they will increase. There has been an ongoing dialogue between members of the Section and Ken Prest regarding ways to improve the compilation of the Treatise. Suggestions being considered were to take what we have and to put it up on the web for peer review with Regfiles taking on this project and to have Regfiles take over the administrative duties associated with the Treatise leaving the Section to focus on authors and editing. George recommended that we first set up a seed committee whose first duty would be to draft a one to two page procedural outline allocating any new mutually agreed upon responsibilities between the Section and Regfiles. It was also indicated that a memorandum should be prepared to memorialize any agreed upon changes. To help boost sales, Regfiles is testing sales of CDS at law schools for fifty dollars. No objection to Regfiles taking over these tasks with appropriate documentation to follow.


E. FLORIDA BAR JOURNAL COLUMN. Written report by Robert Manning submitted.

F. INTERNET. Joe Richards reported that everything looks good. The website is being changed to accommodate the proposed new peer review of the treatise. He indicated a need to solicit people to get on the Listserve. There are still over 1,000 individuals on the Listserve.

G. LAW SCHOOLS. No report. Sheila O’Brien will be chairing this committee. Robert Riggio, the former committee chair, will assist her in the transition.

H. MEMBERSHIP. No report. Andrea Zelman appointed as committee chair. Jackie Werndli informed the Council of a computer glitch that had generated incorrect membership numbers. The glitch has now been corrected.

I. PUBLIC INTEREST REPRESENTATION. Martha Collins discussed the Public Interest Conference and distributed a program agenda.

J. SECTION REPORTER. Enola Brown appointed as a co-editor to assist Carol Forthman.

VI. LIAISON REPORTS.

A. ABA REGIONAL CONFERENCE. A written report was submitted by Michelle Diffenderfer. Michelle will provide the Council with an organizational chart.

B. CLE COMMITTEE. Susan Trevarthen was unable to attend the committee meeting. Paul Chipok and Robert Riggio were in attendance. Paul reported on the meeting.

C. COUNCIL OF SECTIONS. Gary Hunter discussed his continued involvement with the Council of Sections. He indicated that seniority and consistency are important for effectiveness on the Council. As a result, many sections send past or current chairs as representatives. George Gramling suggested that this is an opportunity for past chairs of the ELULS Section to become involved. He will so inform them in his past chairs letter. It was also noted that the bylaw change on past chairs should come before the Board of Governors in December which would allow one of them to participate at the next Council of Sections meeting on January 18.

D. RPPTL. George Gramling noted that he has detected little interest by RPPTL in more cooperative efforts. George suggested that this item be taken off the agenda unless Sid wishes to renew his efforts. There was also discussion that this matter might be a good position for an interested ex chair. George will also indicate this opportunity for involvement in his letter to the past chairs.

Gary Hunter motioned for the meeting to be adjourned and it was adjourned.