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HomeMy WebLinkAbout10-26-15 IRC LAGOON COALITION MinutesINDIAN RIVER COUNTY LAGOON COALITION MINUTES MONDAY, OCTOBER 26, 2015 — 3 PM SEBASTIAN CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Chairman Gillmor called the meeting to order at 3:00 p.m. 2. The Pledge of Allegiance was recited. 3. ROLL CALL Members Present: Sebastian Mayor Richard Gillmor, Chair Fellsmere Vice Mayor Joel Tyson Vero Beach Mayor Richard Winger Also Present: Executive Director Duane De Freese Sebastian City Manager Joe Griffin Sebastian City Attorney Bob Ginsburg Sebastian Engineer Frank Watanabe Fellsmere City Manager Jason Nunemaker Vero Beach Attorney Wayne Coment Vero Beach Assistant Engineer Bill Messersmith Sebastian Deputy City Clerk Jeanette Williams 4. NEW BUSINESS A. Approve September 28, 2015 Minutes MOTION to by Mayor Winger and SECOND by Vice Mayor Tyson to approve passed with a voice vote of 3-0. B. Introduction of Indian River Lagoon Executive Director, Duane DeFreese, PhD Dr. De Freese introduced himself and commended members for their vision and the new offices. C. IRL Council Newsletter Mayor Gillmor read Dr. De Freese's Weekly Update into the record. (see attached) Dr. De Freese explained that the Indian River Lagoon National Estuary Program (IRLNEP) is hosted by St. Johns River Water Management District (SJRWMD) and to transfer the program to the Indian River Lagoon Council, criteria must be met that is outlined in the EPA's Clean Water Act. He expected the next step to take place at the Council's November 13 meeting where a business plan will be presented to include a 27 member management board (technical staff) of all of the agencies involved that will guide the day-to-day activities; and a policy board (the Indian River Lagoon Council). Indian River County Lagoon Coalition Meeting October 26, 2015 Page Two Also in the business plan, there will be a citizen's advisory council that will be a combination of selected and appointed members, and a science advisory committee. He has assurance from the EPA that they will sign off on the transfer once the management board is in place and then the two water management districts will transfer the assets such as boats, trucks, paperwork, etc. Additionally, Dr. De Freese said they are proposing an eight member financial advisory board to rebuild connections between the industry and businesses. Three deliverables he hoped to accomplish with private sector funds are an ecosystem health assessment; an economic assessment; and, a community value assessment. This will give the program a knowledge standpoint of what they need to do and where they need to go. Chairman Gillmor discussed the need for the reduction of nutrient loads to help the lagoon and Dr. De Freese said that would help and they would be able to measure loads in the next five years. Chairman Gillmor asked for the status of Dr. De Freese's attendance at the Florida Department of Economic Opportunity (DEO) Board meeting in Orlando. Dr. De Freese reported that DEO has provided a grant to the Treasure Coast Regional Planning Council to study the lagoon's economic assessment, but he did not think it was sufficient to do a comprehensive analysis; IRLNEP is looking for residual funds or private sector support to contribute towards a five county analysis that will be used for tourist development, economic development and new business relocation. Dr. De Freese said he has heard that for the last twenty years, the National Estuary Program has issued a RFP for projects that was narrowly advertised and projects were ranked and funded from top to bottom until the money ran out. He said once the IRLNEP transfer is complete, he wanted to broaden the RFP announcement for the next cycle and use some left over grant funding to help with the five county economic assessment. D. Identify IRL Coalition (Fellsmere, Sebastian, Vero Beach) Highest Priority Project Funding Request and/or Policy Request from Submittal to County Legislative Delegation Meeting and Email to Grants Coordinator Amy Adams Prior to November 13, 2015 IRL Council Meeting (DeFreese Email) Dr. De Freese said with the assistance of Amy Adams, they have tallied in excess of $380M of projects from the five county delegation hearings; the Legislature will split the projects between education and water and require an application format. He pointed out not all will be funded. Dr. De Freese confirmed the IRL Council will not be requesting any appropriations this Session but there are three budget line items that are mission critical: $250K from DEP and $500K from SJRWMD and $500K from South Florida Water Management District (SFWMD). In Tallahassee, he plans to seek support for the Council and the multiple projects along the lagoon. Dr. De Freese said the Coalition could submit three projects for the Council to support. 3:39 pm 061 Indian River County Lagoon Coalition Meeting October 26, 2015 Page Three Mayor Winger explained that because the City of Vero Beach does not have a stormwater utility, they have some significant problems; they are working on the voluntary septic step system and would appreciate any assistance. Assistant City Engineer Bill Messersmith said the City of Vero Beach is seeking matching grant funding to retrofit inlets on the Lateral E watershed to filter stormwater and continue street sweeping. Mayor Winger stated that he didn't think they would be able to get the match in time for their grant deadline. City Manager Jason Nunemaker said the City of Fellsmere's highest priority is treating a 40 acre tract that will treat both the City and County that can be broken down by $51K phases. He said Fellsmere is flexible, but they would like to see a running priority list similar to the MPO, so if a project is supported it will have more traction. MOTION by Chairman Gillmor and SECOND by Mayor Winger to move three projects forward, ranked in order, submitted to Dr. De Freese passed with a voice vote of 3-0. 3:47 pm Dr. De Freese suggested as the projects come up, the Coalition build a list during the next year to go into the 2017 Legislative Session with a clear understanding of regional and smaller projects. City Engineer Frank Watanabe said the City of Sebastian would like three more treatment trains; and an ice house and touch pool for the Working Waterfront project. Chairman Gillmor said the 30" drainage pipe between Oyster Point Condominiums and Capt. Hiram's should be the City's priority. Chairman Gillmor said he spoke to Hugh Darling who wanted to get Governor Scott to transfer money from DEO to FDOT to take care of outfalls to enhance economic activity but he didn't think it ever happened. Mayor Winger suggested having Dr. De Freese review their projects. Chairman Gillmor said even if one is fixed, it will benefit all. MOTION by Chairman Gillmor to rank Vero Beach first, Fellsmere second, and Sebastian will take third. Vice Mayor Tyson countered that Sebastian's pipe is critical. AMENDED MOTION by Mayor Gillmor to have Vero Beach go first, Sebastian second and then Fellsmere. There was no second. It was the Coalition's consensus that Vero Beach should go first with their project. E. Staff Review of Draft Scope of Work for "Proposed Indian River Lagoon Stormwater Capture and Treatment Project Development and Feasibility Study" Forward Comments to Dr. DeFreese ASAP for Discussion at November 13, 2015 IRL Council Meeting (DeFreese Email and Attachment A Scope of Work) City Engineer Frank Watanabe stated the scope of work was comprehensive, covering all of the issues in the five counties and will be a long term project; the projects depicted in each county will give them milestones to reach and can be tweaked as they go along. 4:00 pm Indian River County Lagoon Coalition Meeting October 26, 2015 Page Four Dr. De Freese said there has been some response that the scope didn't do everything for everybody, but it was identified as minimal levels to represent big multiple year projects, and does not preclude areas might have been overlooked. F. Proposed Indian River County Lagoon Coalition By -Laws Chairman Gillmor read the bylaws authored by City Attorney Wayne Comment. (See attached) In response to Vice Mayor Tyson, Attorneys Coment and Ginsburg said if the County decided they wanted to sit on the Council, the by-laws would be nullified as provided in the Coalition's agreement. MOTION by Mayor Winger and SECOND by Vice Mayor Tyson to approve the by-laws passed with a voice vote of 3-0. 5. PUBLIC COMMENT - None 6. MEMBERS' MATTERS Mayor Winger asked Dr. De Freese to make a presentation at a future Vero Beach Council meeting. Dr. De Freese said he would be happy to do that along with any other citizen outreach the Council would like him to address. Vice Mayor Tyson commented that Fellsmere residents did not push back on the imposition of their stormwater fee because they realized drainage was needed. He said the lagoon is probably receiving very little pollution from Fellsmere and he would be interested in the figures. He said people should be interested in this. Chairman Gillmor suggested they meet again when the National Estuary Program RFP comes out. Dr. De Freese commented the Council's entire year schedule should be set by December. He offered to put all of the members on his mailing list for IRLNEP's weekly updates. 7. Being no further business, Chairman Gillmor adjourned the Indian River Lagoon Coalition meeting at 4:22 p.m. Approved at thmeeting. Attest: Sally A. Maio ebastian City Clerk IH i. Weekly Update Indian River Lagoon Council Week of October 12, 2015 ADMINISTRATIVE The lease agreement for office space was passed by the City of Sebastian on 10/14 2015. Lease goes into effect after legal review and signature. Lease begins November 1. 2015, Press announcements are planned. IRL NEP TRANSITION • Staff is working with US EPA to identify a detailed process for fulfillment of the Management Conference. Draft process details will be provided in advanced agenda package for IRL Council November 13" meeting. • SJRWMD staff plan to submit the IRL NEP program transfer request to its Governing Board in November. IRL PROJECTS • Frank Sakura is working diligently with SJRWMD to initiate contracts with the 13 projects on the FY 2015-2016 IRL NEP Work Plan list. • The proposed IRL Stomnwater Project & Feasibility Study DRAFT Scope of Work is being reviewed by IRL Council. A Request for Qualifications (RFQI will be released by SJRWMD in October to keep the process moving forward. EDUCATION & OUTREACH • The Marine Resources Council is implementing the IRL Council communication & outreach contract as part of the F1' 2015-2016 work plan. • De Freese is scheduling visits with IRL Council partners throughout the IRL & scheduling community speaking/listening events. • De Freese will attend FL Department of Economic Opportunity (DEO) Board meeting in Orlando as an invited guest. POLICY & LEGISLATIVE • Staff is working with [RL Council contractor Amy Adams to prepare a strategy for the 2016 Florida Legislative Session. NEWS FROM OUR PARTNERS • Marine Resources Council is moving forward with the University of Maryland Center for Environmental Science to produce a [RL Status Report (Report Card). • Treasure Coast Regional Planning Council received a grant from the FL Department of Economic Opportunity to develop an IRL Economic Assessment. Additional finding is needed. • F.AUiHarbor Branch Oceanographic Institution is working to deliver a workshop Connecting IRL Data to Its Users, slated for Dec. 7-8 at HBO[ MOST IMPORTANT FOR THIS WEEK (Week of October 19'x') • PLEASE provide top project and policy priorities from Legislative Delegation requests. • PLEASE review ctnnment on IRL Stormwater Project &\ I euibility Study DRAFT Scope of Work. 6of15 BYLAWS of the INDIAN RIVER COUNTY LAGOON COALITION ARTICLE I NAME The name of this organization shall be the "Indian River County Lagoon Coalition" (hereinafter the "Coalition") as organized pursuant to that certain Interlocal Agreement dated May 27, 2015 and recorded on July 10, 2015 in Book 2861 at Page 1564 of the Public Records of Indian River County, Florida, (hereinafter "Interlocal Agreement"). ARTICLE II PURPOSE The purpose of the Coalition is to represent the interests of the cities that are party to the Interlocal Agreement and the Indian River County area by participation on the Indian River Lagoon Council ("IRL Council") through the Coalition's designated representative and to otherwise further the interests of such cities represented on the Coalition in the restoration and protection of the Indian River Lagoon. ARTICLE III ORGANIZATION AND MEMBERSHIP The Coalition is an independent council of local public officials organized as a corporation not for profit pursuant to the Interlocal Agreement and section 163.02, Florida Statutes. The initial parties to the Interlocal Agreement establishing the Coalition are the City of Sebastian, Florida; the City of Fellsmere, Florida; and the City of Vero Beach, Florida, all being located within Indian River County, Florida (individually a "city" or collectively the "cities"), and each shall have one member on the Coalition. Coalition members shall be a member of the governing body of their respective city and chosen by such governing body. Each governing body may also designate an alternate Coalition member from its governing body to serve when the regular member is unavailable. Any other municipality within Indian River County may at any time, at the option of their governing body, elect to participate in the Coalition, in which case such municipality shall become a party to the Interlocal Agreement which shall be amended accordingly. Each such joining municipality shall contribute a proportionate share of the IRL Council fees pursuant to the Interlocal Agreement. If a municipality should join the Coalition subsequent to the other cities having paid the annual fees for the then current year, the joining municipality's IRI, Council contribution shall be prorated and paid in their proportionate share as a reimbursement to those cities having previously paid the fees for such current year. Pagel of 3 2015.10.26.Bylaws ARTICLE IV OFFICERS In January of each year subsequent to the Coalition organization the members shall elect the following officers: (a) A Chairperson who shall serve until January of the following year or until his or her successor is elected. (b) A Vice -chairperson who shall serve until January of the following year or until his or her successor is elected. The Vice -chairperson shall act in the absence of the Chairperson. The city represented by the Chairperson shall provide a secretary for the Coalition, who shall be custodian of and maintain the Coalition records in conformance with Chapter 119, Florida Statutes. The secretary shall also, in conformance with Chapter 286, Florida Statutes, keep the official minutes of Coalition meetings, provide notices of Coalition meetings to the members and the public, and prepare meeting agendas. ARTICLE V COALITION MEETINGS The Coalition members shall meet on a regular basis at such times and at such places as determined by the members; provided, however, special meetings may be called by the Chairperson and in his or her absence by the Vice -chairperson. All meetings shall be noticed and conducted in accordance with Chapter 286, Florida Statutes, as may be amended. A quorum for the transaction of business at any regular or special meeting of the Coalition members consists of a majority of the members. Each member shall be entitled to one vote. Voting by proxy shall not be allowed. All Coalition action shall require a majority vote of those members present. The Chairperson shall run Coalition meetings and rule on procedural matters subject to being overruled by a majority vote of the members present. Any member, including the Chairperson and Vice - chairperson, may make and second motions. ARTICLE VI COALITION AUTHORITY The Coalition shall have the power to: (a) Study matters related to the restoration and protection of the Indian River Lagoon; (b) Promote cooperative arrangements and coordinate action among the cities, including but not limited to Coalition participation with the IRL Council and its members; and (c) Make recommendations for review and action to the governing bodies of the cities Page 2 of 3 2015.10.26.Bylaws and other public agencies that perform local functions and services within the area affecting the Indian River Lagoon. The Coalition shall not have the power to promulgate, issue, or make rules or regulations, issue bonds or incur debt, levy taxes, charge rates, fees or rents, condemn, or assume any additional governmental powers of the cities except as specifically allowed by the Interlocal Agreement. The Coalition shall make an annual public report of its activities to each of the member cities. The Coalition shall otherwise conduct its business such that it comports with section 163.02, Florida Statutes. ARTICLE VII PARTICIPATION IN IRL COUNCIL The Coalition Chairperson shall be the Coalition's representative on the IRL Council and attend each of its meetings. The Coalition Vice -chairperson shall represent the Coalition at meetings of the IRL Council in the absence of the Chairperson. An alternate representative may be designated by the Coalition members to represent the Coalition at IRL Council meetings should both the Chairperson and Vice -chairperson be unavailable. Each city shall contribute a proportionate share of the IRL Council fees for Coalition membership pursuant to the Interlocal Agreement. ARTICLE VIII AMENDMENT These Bylaws may be amended by a majority vote of the members at any meeting of the Coalition. The foregoing Bylaws of the Indian River County Lagoon Coalition were unanimously approved and adopted by the members on October 26, 2015 Phoard H. -. Chairman Page 3 of 3 2015.10.26.Bylaws