Florida Brownfields Association Meeting Minutes

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1 Florida Brownfields Association Meeting Minutes Tuesday, October 19, :00 a.m. 11:30 a.m. EST Teleconference Number: Access Code # I. CALL TO ORDER II. WELCOME & INTRODUCTIONS (Jason Lichtstein) (a) today s call Please (Anna.Long@lowndes-law.com) your participation in Jason welcomed all, noted this is his last meeting as President. Jason thanked everyone for all of their the efforts over the past year. The November meeting will be held the Monday, November 15, 2010 at the beginning of the conference. Participant Association Board Member Jason Lichtstein Akerman Senterfitt Joe Ullo Lewis Longman & Walker, P.A. Anna Long Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Ken Pinnix City of Jacksonville John Titkanvich City of Cocoa Becky Buice Nancy D. Stephens & Associates Teresa Booeshaghi FDEP Kim Walker FDEP Janet Peterson Bureau Veritas North America, Inc. David Latham Geosyntec Cynthia Williams West Florida Regional Planning Council Eric Krebill Terracon, Inc. Michael Sznapstajler Cobb Cole Kelly Bishop Kimley Horn Sarah Doar Hopping Green & Sams, P.A. Joseph Bell Enterprise Florida, Inc. Jeff Peters E-Sciences, Inc. Jared Beck City of Ft. Myers Fred Seguiti HSW Engineering, Inc.

2 (b) FBA BOARD OF DIRECTORS NOMINATIONS/VOTING To date, thirteen (13) nominations have been received for nine (9) Board of Director slots. Consideration will be given to allow for an extension of the nomination deadline, but ballots will be required to be transmitted by the end of this week, the voting deadline is November 5, An ad hoc committee comprised of Rick Keenan, Becky Buice and Jason Lichtstein, will be reviewing the ballots/nominations as they are received. An announcement regarding the 2011 Board of Directors will be made at the FBA Conference. III. FDEP REPORT (Kim Walker and Teresa Booeshagi, FDEP) Kim Walker reported that there are currently 252 Brownfield areas, 147 Brownfield sites; and 42 SRCOs. A couple of BSRAs in the tube being reviewed and discussed. Kim was asked if she could report on the number of SRCO s issued with conditions versus without conditions? Kim provided that every month a table is updated on the FDEP s Brownfields website, with the information as to whether or not there are conditions associated with a SRCO. It was requested that the FDEP publish in some fashion a list of engineering controls that have been approved to date over the years so far so that the same can be discussed at a session at the FBA Conference. Kim is checking on this and will provided information to Joe Ullo and/or Bruce Nocita. Teresa Booeshaghi reported that the VCTC backlog amounts are now on the VCTC webpage. This includes: application number, dollar number awarded, and anticipated award date. No one has attempted to obtain the affordable housing bonus in this cycle. There will be a rule workshop on November 5, Notice is expected to be transmitted later this week. The workshop will cover VCTC rule changes and will be held from 1:00 PM 4:00 PM, Tallahassee, FDEP offices, Room 109. IV. FEDERAL/U.S. EPA REPORT: U.S. EPA No report. V. FBA COMMITTEE REPORTS (a) FBA Annual Conference Committee: 2010 Annual Brownfield Conference (Jacksonville November 14-17, 2010) (Joe Ullo and Ken Pinnix) 1. Status & Update of FBA 2010 Conference Planning. Joe Ullo reported that the conference committee is staying busy. The program subcommittee has notified all moderators and has requested the moderators to contact their respective panel members to ensure information is submitted in a timely fashion. 2. Professional Educational Credits Status & Progress. Planning, engineering and attorney credits have been applied for, for various conference sessions. Approvals are progressing well and are on target

3 3. Networking/Fun Sunday and Evening Activities. There are a number events planned for Sunday afternoon, as well as various evening events. Cimarrone Golf Club (Ken Pinnix); Football Game, 15 tickets have been reserved for purchase (Jags v. Texans) (Becky Buice); Kayaking (Rich Poff). Sunday night Museum of Contemporary Art scheduled for social/networking event. Casino Night will be held Monday evening and we will also have a second social/networking event at the Peninsula at St. Johns Center, Apogee Lounge, on Tuesday night. 4. Summary & Discussion of Other FBA Conference Items. Scholarship sponsorships are being received. Miles Ballogg will be reaching out to solicit additional sponsors to contribute to the scholarship fund. Ken Pinnix noted that a number of requests to the community to join in on the Conference on Community Day have been transmitted. Sponsorship and exhibitors spaces have been filled, but for one space. Great events are planned beyond the substantive sessions. It was noted that CSX has committed to a Gold level sponsorship. Nandra Weeks suggested that the conference committee look for a way to allow CSX to promote their Brownfield sites. A poster/photo murals display, etc. or a place on a session was mentioned. Joe and Nandra will look for a possible space on the agenda to include a speaker from CSX. (b) FBA Legislative and Policy Committee 1. Status & Update. Joe Ullo reported that Bo Bohannon is looking forward working again next year with the FBA. The Legislative and Policy Committee will be discussing the Forentino Group s scope of representation, tied in with legislative initiatives. The legislative initiatives will include the contamination notification issue (i.e. expanded notification requirements). The committee will be discussing in greater detail to determine how best for the association to have its position set forward for the next legislative session. 2. FBA s VCTC Legislative Efforts: Second Press Release Coming Soon to Announce Additional Associations/Group in Support of FBA s VCTC Effort. FBA s press release on VCTC funding was very well received. 3. Update FBA White Paper: Charting the Future of Brownfields in Florida (Jason Lichtstein, Michael Sznapstajler, Sarah Doar, and Jared Beck); Status to Complete for Announcement/Distribution at Florida Brownfields Conference in November. Jason Lichtstein reported that the purposes of the whitepaper is to frame in a persuasive way, the future of the Brownfields Program Florida. The committee intends to be able to present the whitepaper at the conference. It will then be used when the association approaches the legislation. A number of associations have agreed to join FBA s efforts in its efforts to keep - 3 -

4 continued support for the Florida Brownfields Program legislatively, including continuing to push for a dedicated source for VCTC funding. These groups include the Florida Redevelopment Association and the Florida Dry-Cleaners Association. Members that have input for information to be included in the White Paper should contact Jason directly. The final draft will be circulated to the Board in draft for review and comment. 4. Potential Formation of FBA PAC-Type Structure Jason Lichtstein reported that there had been much discussion over the past several months amongst the FBA members regarding the possibility of forming a PAC. The FBA Board of Directors has agreed that this is an issue that should be pushed forward in the next few weeks, or at a minimum have it prioritized as an action item at the beginning of next year. Joe Ullo suggested that contribution to an FBA PAC might best be incorporated as part of the membership fee structure. Additional discussions regarding the membership fee structure was deferred to later on during the teleconference call. Many of those participating in the discussion expressed support for a PAC in some form, noting that a that a PAC would be critical to the association s ability to succeed in the legislative arena. Support/participation in the PAC will be set up to be completely voluntary. 5. Summary & Discussion of Other Items Joe Ullo reported on the status of the FDEP s Institutional Controls Procedures Guidance Document and the FBA s comments to the same. The FBA s Institutional Control s Procedures Task Group met last month and communicated FBA s comments to the FDEP. The Task Group is hoping that the FDEP will have the revised document completed in a timeframe to provide for presentation at the FBA Conference. The last time this document was updated was in (c) FBA Outreach and Education Committee: Status & Update 1. Recent Events Florida Redevelopment Association 2010 Conference (October 2010, Orlando) FBA/Brownfield Panel & Exhibit Eric Krebill reported that the various FBA members manned the booth at the 2010 FRA Conference. In addition, Jason Lichtstein, Miles Ballogg and David Goldman participated as speakers on a panel during the FRA conference regarding Brownfields redevelopment and highlighting several case studies. Florida APA 2010 Conference (September 2010, Tampa) FBA/Brownfield Panel & Exhibit Eric reported that Jason Lichtstein, Joe Ullo, Nandra Weeks, Mary Yeargan and Lee Fletcher were on a panel at this conference representing the FBA. Summary & Discussion of Other Items - 4 -

5 Upcoming events The committee will continue to look at ways for the FBA to increase the FBA s exposure. (d) FBA Membership Committee 1. Discussion/Summary of Current FBA Membership Additional discuss will take place regarding the current membership fee structure. Member comments should be should be submitted directly to Jason. One of the issues that will be researched is how the fee structure can be set in order to allow for member participation in a PAC. John Titkanvich suggested that the fee for a governmental entity be based on the agency s budget/the population of the government entity. 2. Proposal to Revise/Update FBA Membership Structure and Fees (Discussion & Potential FBA Board Vote) The committee will be looking at the rate structure, in particular to the government rates. Any revisions of the fee structure will be re-circulated to the Board after it is revised. (e) FBA Website Committee 1. Status & Update Jason reported that the new site was user friendly and has been and will continue to be updated frequently. The committee is still in need success stories to populate the site. Newer and more recent success stories will be appreciated. (f) FBA Environmental Justice and Public Health Committee 1. Status & Update No report VI. FBA SECRETARY/TREASURER REPORT (a) Review/Approval of draft September Meeting Minutes A motion to approve the minutes was made and seconded. The minutes were approved. (b) Review/Approval of Current Financial Report A motion to approve the current financial report was made and seconded. The current financial report was approved. VII. FBA BOARD OF DIRECTORS/ASSOCIATION MANAGER ITEMS (a) Overview & discussion regarding any recent/pending additional items (as necessary) (Jason Lichtstein and Becky Buice) - 5 -

6 Jason noted that the 2009 tax returns would be completed and ready for submission soon. He noted that the CPA has provided that membership dues currently are not tax deductible. An regarding the same would be sent to the FBA members. VIII. UPCOMING FBA MEETINGS (a) Monday, November 15, 2010 (During the Florida Brownfields 2010 Conference) time to be determined. IX. OTHER BUSINESS None. X. ADJOURN - 6 -

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