Title of Item:
CITY OF STUART vs ARMY CORPS OF ENGINEERS RE: LAKE OKEECHOBEE (RC):
RESOLUTION No. 17-2020; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA, DIRECTING THE CITY ATTORNEY TO FILE A CAUSE OF ACTION AGAINST THE ARMY CORPS OF ENGINEERS TO SEEK RELIEF FROM SUMMER DISCHARGES INTO THE ESTUARY, PROVIDING FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.
Summary Explanation/Background Information on Agenda Request:
On January 13, 2019, Commissioner Matheson asked for support from the City Commission and Motioned for Staff to return on January 27, 2020, with an agenda item to authorize the City of Stuart to challenge the current Lake Okeechobee Managment decisions by the Army Corps of Engineers. Further, staff was directed to seek support from Martin County as well. The City Manager has had communication with Martin County regarding the lawsuit and has been informed that a lawsuit is not the direction that the County wishes to pursue at this time.
Staff has received extensive emails supporting the City with the decision to file suit from people all over the State of Florida. It was very difficult to identify how many of the emails were from residents of the City of Stuart. There were no emails received that objected to the idea.
Staff has also communicated with the USACE who in turn scheduled a meeting with the City Manager and Commissioner Matheson to discuss the issue. The meeting had not occurred at the time this agenda item was prepared and therefore Commissioner Matheson will need to update the Commission on same.
The City attorney has drafted a lawsuit seeking relief from the current operational schedule and asking the Corps to exercise its flexibility and pursue the same schedule and techniques as 2019 in order to avoid the discharge of toxic algea into the estuary during the summer months.
Funding Source:
N/A
Recommended Action:
Commission to discuss and provide direction to staff regarding further action.
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