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~ FORT PIERCE HARBOR ADVISORY COMMITTEE MEETING FRIDAY, NOVEMBER 21, 2003 AT 3:00 P.M. IN CONFERENCE ROOM #3 1. ROLL CALL 2. PUBLIC COMMENT 3. MINUTES OF OCTOBER 24,2003 TO BE DISTRIBUTED AT THE DECEMBER 19, 2003 MEETING \r 4. OLD BUSINESS 5. NEW BUSINESS 6. ADJOURNMENT ~ I~"~"ÇI . ¡~~~. FORT PIERCE HARBOR ADVISORY COMMITTEE MEETING \.or i1. J 2. /3. \." A A. 6. '- AT 3:00 P.M. IN CONFERENCE ROOM #3 ROLL CALL --- :5;';' ~ ~ O~ -7~fFV~ PUBLIC COMMENT ~ ()V. P Ô- MINUTES OF OCTOBER 24, 2003 TO BE DISTRIBUTED AT THE DECEMBER 19, 2003 MEETING OLD BUSINESS NEW BUSINESS ~,- ~~ ~ ~- ~M-~ CO øJ' ADJOURNMENT -- \..r HARBOR ADVISORY COMMITTEE Fridav" November 21" 2003 3:00 P.M. ROLL CALL \w JHOWARD CONKLIN ~_ GAIL KAVANAGH / COMM. CHRISTINE COKE . jOUNCILMAN CHRIS COOPER / DAVID SOUZA / JEANNE HEARN V MARY CHAPMAN ~~ DELORES HOGAN JOHNSON / .. PIETER STRYKER j ::[f-U..¡ I<M.kLì,.¡ s k. ì (fJ,GT£ll-iV PrT~ J>1~vn 8eR.. ) 5 Needed for Quorum \.,. ~/ ~.j',r:/QPM ~ NO / ¡Jð v V V V r \..,.. \..- '-" 1# HARBOR ADVISORY COMMITTEE November 2 t, 2003 3:00 P.M. NAME PLEASE PRINT p.s L c.&c../k' l ~~ - ~..~ /)/'Ib ÞL~Æ t"t;1I1 . CD tu~ Æ'l} 1-1 ~w ...... Fort Pierce Harbor Advisory Committee Meeting November 21, 2003 at 3:00 p.m. Conference Room #3 ~\( '-' '-" Commissioner Christine Coke 461-2525 464- 3161 Councilman Christopher Cooper Oi strict3@cityofpsl.com 871-5159 (0) Margaret 528-2981 Cell David Souza 461-0928 Cell Phone Jeanne Hearn 461-7526 or 461-7527 Mary Chapman 465-2001 Jerry Kuklinski 465-0463 Pieter G. Stryker 561-346-3446 Cell 772-467-1515 Home 888-607-5990 Work NÛ -»J 7 " 'þJL 'µJJ- 'Y11 ^ .'f-~ ~ fJo - &N'JC\ oo:l . or~ '],/ I TA I, 370-7%01- .. \.. FORT PIERCE HARBOR ADVISORY COMMITTEE MEETING FRIDAY, OCTOBER 24,2003 3:00 P.M. CONFERENCE ROOM #3 1. ROLL CALL 2. PUBLIC COMMENT 3. APPROVAL OF THE MINUTES OF THE SEPTEMBER 26,2003 4. OLD BUSINESS 5. SELECT DATE FOR NOVEMBER MEETING ~ 6. ITEMS FOR DISCUSSION I HEATHER YOUNG 7. NEW BUSINESS 8. ADJOURNMENT ~ . / ~ \... ~ . , , FORT PIERCE HARBOR ADVISORY COMMITTEE MEETING 51zt(+~ 3°~ 0Li ~ #~ FRIDAY, OCTOBER 24, 2003 3:00 P.M. CONFERENCE ROOM #3 1. ROLL CALL 2. PUBLIC COMMENT ~('(\V ~ è,6D~~ 3. APPROVAL OF THE MINUTES OF TH~ SEPTEM~E~ 26, 2003 fI~ OfJ µ'~~bh If C1l t(o.dé.- ~( htlct1' [an.Lt;'1 ( 4. OLD BUSINESS ,~~{(1 5. SELECT DATE FOR NOVEMBER MEETING - NoJ Z-I~ 3prn J'1//'rv" cr f)¿cuY1tu"- ~ ¡O¡ (Çb3F ') 6. ITEMS FOR DISCUSSION I HEATHER YOUNG 7. NEW BU~IN~S~ ~ '- 0tP· of iv~Jed OvZ'd9 f 115 ~o b:fò~ \- 4.CV(1- t~0\Tc.<Ctç"ìì - ¡of"^{ dll}.Jl+ I fJi~1 !ì f~:;:O¿¡15 171 I L. 8. ADJOURNMENT \) ~¡?{( f. 1~ L ¡JoY þ'M/1¿) C¡/1JJ" V) t) fJ Q,t,(X '\-ü -\(ðCJ[ ptÒ Lt ~k{/) I) th~oJJ ß . ~(J ~C~O~ [7+ Df- LunJed.~~) IU pCL5S 00 1_ >t/Î-ble.0 tu ctf~ ló.Sr ?:f!r0 "/D é{/)10tÝÌ G~ I ~¡;) . _Ii Å{)~ fDrfI¡JAOfifM-M OfO'f I j "I ni5( (ìÎ (f5 --- @ð 12>. y C ó)"V\...4Y ) , I \.- '-' ~ HARBOR ADVISORY COMMITTEE Fridav October 24" 2003 3:00 P.M. ROLL CALL HOWARD CONKLIN GAIL KAVANAGH COMM. CHRISTINE COKE COUNCILMAN CHRIS COOPER DA VID SOUZA JEANNE HEARN MARY CHAPMAN DELORES HOGAN JOHNSON PIETER STRYKER 5 Needed for Quorum .~ -~o _NO ~ ~ ~ 'I -t- , \ ~ HARBOR ADVISORY COMMITTEE October 24, 2003 3:00 P.M. N AM E PLEASE PRINT ORGANIZATION a \. "",J .//lu \ D PI r¡ !If IZ G- , I Co JA.,1 W1 (ocv/<J!?!1 S - Cx< ruJw ."J '-" 1-\ "- ol.l. <cr '{ 0 "" J Ifrt R ~W ilL )'VI LflA¡J~7-t,J ~J~...~ - ~ ~ Fort Pierce Harbor Advisory Committee Meeting '-' October 24th, 2003 at 3:00 p.m. Conference Room #3 Called on October 16th , 2003 to get a Quorum Howard Conklin p 462-5210 Gail Kavanagh 464-8222 Gl.\~ ~'-'\ Fax: 461-4054 I. Delores Hogan Johnson ~ 461-4851 595-3273 School . Commissioner Christine Coke 461-2525 \~ 464-3161 Councilman Christopher Cooper District3@citvofusl.com Y~Qb ~ 871-5159 (0) Margaret 528-2981 Cell David Souza \i2~j) 461-0928 Cell Phone Jeanne Hearn \f.z ~ 461-7526 or 461-7527 _.. I Mary Chapman 'i£" 465-2001 ¡ . ) '. ~'--' Jerry Kuklinski ) 465-0463 cð Pieter G. Stryker 561-346-3446 Cell \þ\ 772-467 -1515 Home 888-607-5990 Work J'~j ) ~ (--. ./" \.. FORT PIERCE HARBOR ADVISORY COMMITTEE MEETING FRIDAY, SEPTEMBER 26, 2003 3:00 P.M. 'CONFERENCE ROOM #3 1. ROLL CALL 2. PUBLIC COMMENT 3. APPROVAL OF THE MINUTES OF THE AUGUST 27,2003 4. OLD BUSINESS 5. UPDATE ON TAYLOR CREEK PERMITTING I DON WEST ~ 6. NEW BUSINESS 7. ADJOURNMENT -.. 5fMt; 5®~ ~rrl- 3ltcJ FORT PIERCE HARBOR ADVISORY COMMITTEE . ljrP MEETING O~V ~ð . {\m~' ~.J./ 'C¡,( ~~FRIDAY, SEPTEMBER 26,2003 \ \J '/ g~ t\ v 3:00 P.M. /. 'CONFERENCE ROOM #3 ~.F'· r ~. . ~ 1. 2. 3. 4. 5. ~ 6. 7. ROLL CALL PUBLIC COMMENT (\p¡(() ( . . . )~~~ APPROVAL OF THE MINUTES OF THE AUGUST 27, 2003 ~) WL OLD BUSINESS . Î) Co t\')S ~ OCr uh UPDATE ON TAYLOR CREEK PERMITTING I DON WEST P f¿þtú'eJ 1D r>f,yJck. NEW BUSINESS l' rfÇi{~~fÞD ADJOURNMENT V ew -I (ì ¡fj¡(éí¡(}1~ ~) rIt (¡ tíP P Itf (D . . P ht<)LalfZ( #J¡ f OJLf)¿tS~- . '. · írlf'(JhJß¿)) 7 _ P 4-- ftw.r ~ fvPf¡o..ge- 9.-;- L¡)r¡ahf(Jr¡'(1fY) (PI fJV~j¡!. · 9 F--.fHI *nJ~ ,s-ht.d1D~DrtjJIlh.nfjP~I12 .rk ~^1 1~açp~a:ha)J fD rroif¿fbrrfimP tVlf) WI ¡f' LíðI..JIP ~IXt1 ¡J)¡ {I /¡ ð. V ¿ SfrJJI1 D Cði?1f. frf' pr 6¿¡-JJ!¡ rJJ 70n ~ OP,.~ 3 S -- tiY/lsrecV ~f6ð;1., {Vr QO(j)0 imnJ {Ztj 1D I· . 1D go 0. t..L¡tfí'- ibot . '-' '-' FORT PIERCE HARBOR ADVISORY COMMITTEE MEETING FRIDAY, SEPTEMBER 26, 2003 3:00 P.M. 'CONFERENCE ROOM #3 1. ROLL CALL 2. PUBLIC COMMENT 3. APPROVAL OF THE MINUTES OF THE AUGUST 27,2003 4. OLD BUSINESS 5. UPDATE ON TAYLOR CREEK PERMITTING I DON WEST ~ 6. NEW BUSINESS 7. ADJOURNMENT '-' '-' HARBOR ADVISORY COMMITTEE September 26, 2003 3:00 P.M. \r ORGANIZATION -~ ~ CcxCf'C l 5L C- SL~ £. ~ ~ ~ \.,- .. HARBOR ADVISORY COMMITTEE Friday September 26" 2003 3:00 P.M. ROLL CALL /HOWARD CONKLIN ~ .;GAIL KAVANAGH ~cJJ ) ~ COMM. CHRISTINE COKE -.No-OlttofIDLùru ¡COUNCILMAN CHRIS COOPE~~ j DA VID souz~'fyN) . ~ JJEANNE HEARN ~ ~ y y JJERRY KUKLINSKI jDELORESHOGANJOHNSON JPIETER STRYKER~evIì) - ~tGdCj 01(~prl1 C(~ ( PI w ! 5 Needed for Quorum . .' ., . Fort Pierce Harbor Advisory Committee Meeting ~ September 26, 2003 at 3:00 p.m. Conference Room #3 Fort Pierce Harbor Advisory Meeting Called on Sept. 18th 2003 to get a Quorum Howard Conklin 462-5210 Gail Kavanagh 464-8222 Fax: 461-4054 Delores Hogan Johnson 461-4851 595-3273 School Commissioner Christine Coke 461-2525 464-3161 \., Councilman Christopher Cooper Oistrict3@cityofpsl.com 871-5159 (0) Margaret 528-2981 Cell David Souza 461-0928 Cell Phone Jeanne Hearn 461-7526 or 461-7527 Mary Chapman 465-2001 Jerry Kuklinski 465-0463 Pieter G. Stryker 561-346-3446 Cell 772-467-1515 Home 888-607-5990 Work '--" -~ ~J2~~ ~ ? Q D0-00-.,4-D \;= Cc0..'I\\-('j -?y~ ?iJ2LL lli -' O~-\ ¿:\û~ ) 1\\- :/y ~, ~O 1)_ ~ ~ FORT PIERCE HARBOR ADVISORY COMMITTEE MEETING WEDNESDAY, AUGUST 27, 2003 3:00 P.M. CONFERENCE ROOM #3 1. ROLL CALL 2. PUBLIC COMMENT 3. APPROVAL OF THE MINUTES OF THE JULY 25,2003 4. OLD BUSINESS 5. UPDATE ON TAYLOR CREEK PERMITTING I DON WEST ~ 6. NEW BUSINESS 7. ADJOURNMENT '-' \..r FORT PIERCE HARBOR ADVISORY COMMITTEE MEETING -< \.., ~ WEDNESDAY, AUGUST 27,2003 3:00 P.M. CONFERENCE ROOM #3 4~ ~'n+n Stft( +-; 3õIJ- {J11J 1ftÍ$ H j0p7tl 1. ROLL CALL ~n 2. 0 PUBLIC COMMENT \ / ~..e( . :: tR:U::~::S TH~=~Et:~d~ 25,2003 2/ LV f ~ ~. "1~ J , ø--øfl~ J fJ\lfiC ~P(Ô fV 7. ADJOURNMENT ~LO\ J~ (~§¡Y¿ 0" ~ 1/ ~,Jl\ \ðL"r r0' -W ~ l1.iJI¡/ f\ if G' u ~~P- \ OrrfJ (jo1D~lf)()oJ. Old 19L{5- ~tt'3 -- J L-fí 1 e.¡r(l LiV IS 0 O~u~ifûL . rtply tMn l):1ìniS~cð'\ l11Cor}J Rfl~11 l/cf0'l (~Cì ¡ ðf Lcmikd Clr~Q ~- ('tJt020LJt'cf Lft \r \.r ~ - , . HARBOR ADVISORY COMMITTEE Wednesdav" AU2ust 27" 2003 3:00 P.M. ROLL CALL HOWARD CONKLIN GAIL KA V ANAGH COMM. CHRISTINE COKE COUNCILMAN CHRIS COOPER DAVID SOUZA JEANNE HEARN JERRY KUKLINSKI DELORES HOGAN JOHNSON PIETER STRYKER 5 Needed for Quorum ~ ic 7 'i y -t- ì \¡p HARBOR ADVISORY COMMITTEE August 27, 2003 3:00 P.M. NAME PLEASE PRINT ORGANIZATION \... L.jf..u/ /.5 ~o.-': ( -t.J lAIC ~ MA1tK C(lcSt-L- i N Wi/\.- t F/lv'lJ r-= lM~ '-" \... ~ V-2- -M0i ì 5-\~ ~v\ .~ \Ä ('f2 . . nh ,U I=" [) r ¡:> .' ! ¡~ Þ c.-- ~ )(J or ~ "'" tA-y 'A/AlA-! '/ ç L( , .. .. ",- Fort Pierce Harbor Advisory Committee Meeting \... August 29, 2003 at 3:00 p.m. Conference Room #3 CHANGE MEETING TO WEDNESDAY AUG 27th SEE IF MEMBERS ARE AVAILABLE Called on Aug 20, 2003 to get a Quorum Howard Conklin 'f!-JUL 462-5210 Gail Kavanagh 464-8222 ~ Fax: 461-4054 Delores Hogan Johnson ~ 461-4851 595-3273 School Commissioner Christine Coke !10 461-2525 464-3161 \.,. Councilman Christopher Cooper District3@citvofpsl.com W 871-5159 (0) Margaret 528-2981 Cell David Souza 'i7. 461-0928 Cell Phone Jeanne Hearn 'þd) 461-7526 or 461-7527 - Mary Chapman 'jßÞ 465-2001 - Jerry Kuklinski 'þ-L 465-0463 Pieter G. Stryker 561-346-3446 Cell ~ 772-467-1515 Home 888-607-5990 Work ~ \....- FORT PIERCE HARBOR ADVISORY COMMITTEE MEETING FRIDAY, JULY 25,2003 3:00 P.M. CONFERENCE ROOM #3 1. ROLL CALL 2. PUBLIC COMMENT 3. APPROVAL OF THE MINUTES OF THE JUNE 27, 2003 4. OLD BUSINESS 5. UPDATE ON TAYLOR CREEK SPOIL SITE SELECTION ~ 6. REVIEW OF BOCA ORDINANCE REGARDING BRIDGE OPENINGS 7. NEW BUSINESS 8. ADJOURNMENT ~ '-' 1. 2. 3. 4. 5. \.., 6. 7. 8. \.r FORT PIERCE HARBOR ADVISORY COMMITTEE MEETING FRIDAY, JULY 25, 2003 3:00 P.M. CONFERENCE ROOM #3 Stztrt ~ j:OI¡nL i«1 ß 31Rrprr¡ ROLL CALL (n t)~f' APPROVAL OF THE MINUTES OF THE JUNE 27, 2003 ~) _ II_X ~ OLD BUSINESS ~\OD\l ,.f' d\_ ~ .~. UPDATE ON TAYLOR CREEK SPOIL SITE SELECTION W\ W~ - 5\¥-L.,Gl' REVIEW OF BOCA ORDINANCE REGARDING BRIDG~ENINGSwYtu&.~~ NEW BUSINESS ~ ~ ADJOURNMENT ~ SWW ~~SWIÞ..íQ 1-) (AYJ¿tu'J PUBLIC COMMENT (\6'00 ;\' o 6~~&/ "'~ t\\ ~ "S'\~ ( . ~ ~0 0lJc\\ ~ /~ ~~{\.Qf vŸr\(V '~~\i~ ~ ~ c\ y \ \.. "V \.lV \., ~ \....- FORT PIERCE HARBOR ADVISORY COMMITTEE MEETING ADDITIONS AGENDA FRIDAY, JULY 25,2003 3:00 P.M. CONFERENCE ROOM #3 1. Joint Participation Agreement (JPA) between St. Lucie County and the Florida Department of Transportation (FDOT) to provide funding to the Port of Fort Pierce for land acquisition activities and a planning study. FDOT's contribution is in the amount of $472,000 towards an estimated total project cost of $944,000 - Staff recommends approval of the Agreement. \." HARBOR ADVISORY COMMITTEE FridaV.£~002 3:00 P.M. ROLL CALL HOW ARD CONKLIN ~ ~ .. GAIL KAVANAGH COMM. CHRISTINE COKE ~ COUNCILMAN CHRIS COOPER Y \.., ~ DA VID SOUZA JEANNE HEARN .e(rlj /.¿ulLlM1 ~ y ~ DELORES HOGAN JOHNSON I PIETER STRYKER 5 Needed for Quorum \...r Fort Pierce Harbor Advisory Committee Meeting '-' July 25, 2003 at 3:00 p.m. Conference Room #3 Called on July 21. 2003 to get a Quorum Howard Conklin \Þ- 462-5210 ~ Gail Kavanagh 464-8222 QktOf TOu=Jh Fax: 461-4054 Delores Hogan Johnson J 461-4851 595-3273 School "" Commissioner Christine Coke 461-2525 464-3161 Councilman Christopher Cooper District3 @cityofusl.com l-e.D 871-5159 (0) Margaret ~ 528-2981 Cell David Souza ~¿Uj 461-0928 Cell Phone Jeanne Hearn J~ 461-7526 or 461-7527 Mary Chapman 'þÞ- 465-2001 Jerry Kuklinski --!ß[J 465-0463 - Pieter G. Stryker 561-346-3446 Cell 772-467-1515 Home 'µLL 888-607-5990 Work "- \... HARBOR ADVISORY COMMITTEE ~.?f003 3:00 P.M. NAME PLEASE PRINT '-' ) YJ óo->. ~ fì ~ ¡4 {Y ,f-,.J \.- ORGANIZATION '--' FORT PIERCE HARBOR ADVISORY COMMITTEE MEETING FRIDAY, JUNE 27, 2003 3:00 P.M. CONFERENCE ROOM #3 1. ROLL CALL 2. PUBLIC COMMENT 3. APPROVAL OF THE MINUTES OF THE MAY23, 2003 4. OLD BUSINESS 5. NEW BUSINESS \... 6. ADJOURNMENT ~ ," ~ FORT PIERCE HARBOR ADVISORY COMMITTEE MEETING 5W+~ ~~ 6ndò 3 'oS1nn FRIDAY, JUNE 27, 2003 3:00 P.M. CONFERENCE ROOM #3 1. ROLL CALL 2. PUBLIC COMMENT I'td- 3. APPROVAL OF THE MINUTES OF THE MAY 23,2003 /)P 4. OLD BUSINESS 5. NEW BUSINESS ~ 6. ADJOURNMENT :t"- l J/ 7)~ \wr , . ~ HARBOR ADVISORY COMMITTEE Friday" JUDe 27" 20~ 3:00 P.M. ROLL CALL HOW ARD CONKLIN ~ GAIL KAVANAGH "I COMM. CHRISTINE COKE ~ COUNCILMAN CHRIS COOPER ~ DA VID SOUZA JEANNE HEARN Y' Ji~~JWl~~ -i- DELORES HOGAN JOHNSON Y PIETER STRYKER i 5 Needed for Quorum j~A PßJ2d~( ll1-- -fltA ,<; .'] (? sp 1 1=?~ LQ)ClZ {) 1t +it'CL+R? (' Gjrung- ~ 1 ' · . \... HARBOR ADVISORY COMMITTEE June 27, 2003 3:00 P.M. NAME PLEASE PRINT '-' 'ð C-()t-f HI TT£e;. ? wI) Z ¡V! 'L C- ð- O-Ç.-Ç" <JL ~ ~ ¡ Fort Pierce-Harbor Advisory Committee Meeting ~ June 27, 2003 at 3:00 p.m. Conference Room #3 Called on June 23. 2003 to get a Quorum Howard Conklin 462-5210 Gail Kavanagh I. 464-8222 'I. Fax: 461-4054 Delores Hogan Johnson ~tt ~\~ 461-4851 595-3273 School Commissioner Christine Coke 461-2525 is 464-3161 Councilman Christopher Cooper District3 @cityofpsl.com ~ -VKohmu 871-5159 (0) Margaret \... 528-2981 Cell David Souza L e~-\ (Q)' 461-0928 Cell Phone Jeanne Hearn t-S 461-7526 or 461-7527 Mary Chapman ] 465-2001 ¡;Þ Jerry Kuklinski Y- f2Jd: f 465-0463 Pieter G. Stryker 561-346-3446 Cell ~ 772-467 -1515 Home 888-607-5990 Work ~ '" FORT PIERCE HARBOR ADVISORY COMMITTEE MEETING FRIDAY, MAY 23, 2003 3:00 P.M. CONFERENCE ROOM #3 1. ROLL CALL 2. PUBLIC COMMENT 3. APPROVAL OF THE MINUTES OF THE APRIL 25,2003 4. OLD BUSINESS 5. NEW BUSINESS \. 6. ADJOURNMENT \., "L~ \... HARBOR ADVISORY COMMITTEE ,;}oo3 Friday" May 23" 2Ø02- 3:00 P.M. _~ ((V\ \~. 'Je£l(1¡p-'Ø~ /W1/d}' ROLL,CALL I / VJfL lhtlJ<\1(N\ ~~ ~ GAIL KAVANAGH--¥--. ~. .~ 5- COUNCILMAN. CHRIS COOPE4 ~ ,. fj _ / DAVID SOUZA_1-- -L ~ANNE HEARN_ ~ D ORES· GA JOHNSO .L PIETERSTRYKER-f ~r- %02 K{Wcu,~ ,~ S ViA 2Å" v 5 Needed for Quorum i ccqo ¡ it S + (j Ú(~'I ¡ "S';' ~! ~ I I Ú 3¡ 'u ~~-X-:} J,')Jpft jfQ J v J \ f(?S /va --, -~ , ! ...... LJ/?) 1"- ..' ( lþ··-/· I. ..... ,.. (.,/ ,..... · \.., \.. ~ ~ ,.- HARBOR ADVISORY COMMITTEE May 23, 2003 3:00 P.M. NAME PLEASE PRINT ORGANIZATION P 5 ¿ eoUY\ ('..'_l ¡z., Oll... A V'~ ~ Lue It'[. U.tL4?- fl CDO '£IL ,< v I( L , r..t:- r" S-u Z .1;;:1 Sl...c.. Ci' f ~Q:!\ 7 ,~ ({ T /-1 .. \.., FORT PIERCE HARBOR ADVISORY COMMITTEE MEETING Frida~ApriI25,2003 3:00 P.M. Conference Room #3 1. ROLL CALL 2. PUBLIC COMMENT 3. APPROVAL OF THE MINUTES OF THE MARCH 28, 2003 4. OLD BUSINESS 5. NEW BUSINESS \.. 6. ADJOURNMENT ~ .". HARBOR ADVISORY COMMITTEE April 25, 2003 3:00 P.M. \., NAME PLEASE PRINT I \.r \ b¿ >1 ,"t\ é /J vt (1..\ S~ ~<-f2- C- ¿(L ~ ORGANIZA TION ,) --,~ '^~""þ~ - MAC ,W3 cu.............::-... -.. .. ~ HARBOR ADVISORY COMMITTEE d-ð D3 Fridav" Avril 25".·wœ 3:00 P.M. HOW ARD CONKLIN V GAIL KA V ANAGH -J- COMM. CHRISTINE COKE JM~ ~- COUNCILMAN CHRIS COOPER ~~ - \..., / ~U DA VID SOUZA ~ JEANNE HEARN AJt R/ ~Á~\r ~~~~f~ ,-- / ih4- / DELORES HOGAN JOHNSON ~1e- PIETER STRYKER / ~U -- ROLL CALL 5 Needed for Quorum ~ \.r '-' '-" FORT PIERCE HARBOR ADVISORY COMMITTEE MEETING Friday, March 28, 2003 3:00 P.M. Conference Room #3 1. ROLL CALL 2. PUBLIC COMMENT 3. APPROVAL OF THE MINUTES OF THE FEBRUARY 25,2003 MEETING 4. CUSTOMS AND IMMIGRATION SERVICE - SECURITY MEASURES AT THE PORT 5. OTHER BUSINESS 6. ADJOURNMENT ~ 1. 2. 3. 4. 5. '-' 6. '-' FORT PIERCE HARBOR ADVISORY COMMITTEE MEETING Tuesday, February 25, 2003 1:15 P.M. Conference Room #3 ROLL CALL PUBLIC COMMENT APPROVAL OF THE MINUTES OF THE JANUARY 28, 2003 MEETING OPEN DISCUSSION OTHER BUSINESS ADJOURNMENT ,'. \.., '-' ~. "" FORT~ERCEHARBORADWSORYCOMMITTEE MEETING Tuesday, January 28, 2003 3:00 P.M. Conference Room #3 1. ROLL CALL 2. PUBLIC COMMENT 3. APPROVAL OF THE MINUTES OF THE DECEMBER 13,2002 MEETING 4. BEACH RENORISHMENT - DON WEST, PUBLIC WORKS DIRECTOR 5. NA TURES THEMEPARK NEW VISITORS VIDEO - GA YLA BARWICK, TOURISM MANAGER 6. OTHER BUSINESS 7. ADJOURNMENT *** FOLLOWING THE MEETING VIDEO ON MEGA YACHT FACILITY (24 minute!» *** / / / -- O~~ -- / ~ò J - ú"..~ --- V .. .1 ~ ~ HARBOR ADVISORY COMMITTEE c1ðo3 Tuesday, January 28,2062 3:00 P.M. ROLL CALL HOWARD CONKLIN GAIL KAVANAGH COMM. CHRISTINE COKE COUNCILMAN CHRIS COOPER '-" DAVID SOUZA JEANNE HEARN MARY CHAPMAN ~X~~O\ J€((l{ k.u\c\; ~S\(; DELORES HOGAN JOHNSON ~ /' 5 Needed for Quorum l~\t)PM \r ~eS U'b yeS ~ '_cjC( PM 1 e <:> Gte,s .... ,. \., '-' ~. .,. .... -. HARBOR ADVISORY COMMITTEE January 28, 2003 3:00 P.M. NAME PLEASE PRINT ORGANIZATION #1 t::M ,E/l - e j.r; /t' f J f( S'-t -Lv,<Á'-e COuYÌ ~~~ \..,.. ~ ~ FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting November 21,2003 Convened: 3:05 p.m. Adiourned: 4:26 p.m. This meeting of the Fort pierce Advisory Committee was held Friday, November 21, 2003, at 3:00 p.m. in Conference Room #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. MEMBERS PRESENT: Delores Hogan Johnson, Chairperson Gail Kavanagh, vice Chairperson Councilman Christopher S. Cooper Howard Conklin Jeanne Hearn Mary Chapman pieter Stryker Jerry Kuklinski, Alternate Member - - -~--- D(- ~ MEMBERS ABSENT: Commissioner Christine Coke David Souza ALSO PRESENT: Commissioner Doug Coward, District 2 Heather Young, Assistant County Attorney Catherine MacKenzie-smith, Assistant County Attorney Eva Luna, Executive Aide to Commissioner Barnes Liz Martin, Executive Aide to Commissioner Hutchinson Missy Stiadle, Assistant to the County Administrator Jan Petri, Harbor Branch Oceanographic Mark Pollio, Fort pierce Tribune John Parry, St. Lucie Waterfront Council AGENDA: 1. ROLL CALL Roll call was taken. 2. PUBLIC COMMENT ,.\ i \ Jan Petri, with Harbor Branch Oceanographic, addressed the committee on how dredging Taylor Creek affects Harbor Branch. He explained that within the last few years, Harbor Branch's ships have run aground at least six times causing approximately one million dollars in damages, If the JCW is not dredged sometime soon, the inescapable conclusion is that Harbor Branch Oceanographic is going to have to move their ships somewhere else, possibly creating job loss or at the worst caSé scenario, not operating at all. Harbor Branch's position, which is crucial to their operation, is to have the dredging go ahead quickly in a safe and effective manner. Harbor Branch Oceanographic operates two research vessels that travel mostly along the eastern seaboard through the Gulf of Mexico. They also go out into the Bahamas and have been as far as the Mediterranean this year, and in previous years, South Africa. Their ships do oceanographic research for Harbor Branch. In addition, a university consortium of researchers from all over the world use Harbor Branch's ships and their submersibles. 1 '-- '-' A ¡. \ ~ Harbor Branch has two submersibles in Florida, which are unique assets as there is only a handful in the country. These submersibles allow researchers to access environments that you cannot get to. These submersibles can go down 3,000 feet, which has enabled the researchers to collect rare specimens of sponges and other organisms that are yielding interesting and useful compounds used in the medical field such as anti-tumor activity. Very recently, the researchers found a sponge with remarkable anti-tumor capabilities that hadn't been seen for 20 years. Mr. Petri also explained that it makes more sense to dredge Taylor Creek first and then do the ICW because the material from Taylor Creek moves into the ICW. Dredging Taylor Creek first eliminates the need to dredge the JCW twice. From Harbor Branch's perspective, they would like to see it begin as soon as possible and get it finished. They have talked to our Congressman, our Senator and the Army Corp of Engineers and that's the response they get. Delores Hogan Johnson discussed that her organization, the St. Lucie Waterfront Council, filed for an administrative hearing a month and a half ago. She said the Army Corp just dredged the turning basin about a couple of years ago, and her organization had some concerns about the way things were going, but they do support the whole program. Jeanne Hearn asked if Harbor Branch had looked through the legal aspect of FIND and the Corp? She felt that the main responsibility of FIND is to keep the ICW open. Mr. Petri said that they had talked to them about that and their response was that it was a funding thing and they wanted to know where the spoil would go. Howard Conklin asked how many other institutions have research vessels and dive capability in the country? Mr. Petri said there is one other in the continental United States and another submersible in Hawaii, and Florida has two. Commissioner Coward responded later in the hearing, asking the committee to make a specific proposal of what it is that the Harbor Advisory Committee wants that could help solve the problem so that this project could move forward. 3. MINUTES OF OCTOBER 24, 2003 TO BE DISTRIBUTED AT THE DECEMBER 19, 2003 MEETING 4. OLD BUSINESS Pieter Stryker said he tried to find out the application of the penalties down in South Palm Beach and Broward County of the bridge violations and could not find out anything, but he has a few more calls to make to garner information. 5. NEW BUSINESS Howard Conklin mentioned that he has a good friend who is a Ph.D and worked for the University of Florida in the agricultural department who is an expert in all types of weed formation. Mr. Conklin is going to take him out on his boat for a tour of the entire port, because there are Brazilian Peppers still growing wild throughout that area. He mentioned that there are environmentally safe herbicides that can be applied to these plant stubs once they've been cut. This herbicide goes right into the root and doesn't harm the environment and eradicates them permanently. Just cutting the Brazilian Peppers does not get rid of them and they just keep coming back. These weeds are toxic to wildlife and serve no purpose. The committee needs to learn how to eradicate them so that some valid recommendations can be made to the commission on how to safely and permanently get rid of them. Mr. Conklin will try to get a report from his friend if he can't get him to appear in person. 2 \.... Jeanne Hearn mentioned that the funding had been taken from the State, and that with the delegation coming on December 3rd, she wanted to know if this committee wanted to recommend that they go back to the delegation and request funding again as the Haskell Plan had said would bring economic impact to St. Lucie County. She feels the legislative delegation should answer to this request of funds and moved to discuss this item with the committee. Commissioner Coward discussed the FSTED funding which has been largely exhausted. It was utilized primarily for security purposes at the other port areas, post 9-11. The county will have to go back through legislative action to have new monies presented. The County Administrator is actively working to identify the needs of our port master plan and the funding for acquisitions as well as related improvements that are needed. Commissioner Coward also explained that shoreline improvements will be made when a development is selected, approved, a site plan comes in and more details about how the north shoreline should be utilized. Pieter Stryker added that it makes a difference residentially whether you're overlooking containers or whether you're overlooking yachts. Commissioner Coward said at this stage, since negotiations for land have not yet occurred, he couldn't speculate on that aspect. He believes that the county should move forward with the Taylor Creek project keeping in mind the port master plan. Howard Conklin talked about the petition that had been filed by the St. Lucie Waterfront Council and said the committee should be looking for solutions as opposed to simply not doing anything. He feels the committee should make a recommendation that the county meet with this group and go over each of the disputed issues and make a recommendation. Jeanne Hearn read a letter sent to DEP regarding the same issues that indicated they would be willing to meet with the entities involved. Commissioner Coward needs the issues to be more specific in nature and solutions agreed upon. ,.\ ¡. \ John Parry brought up the issue of a possible cargo port and what the definition of "limited cargo" means. He feels that this definition needs to be clearly defined. He also is concerned about the spoil site and the danger to the environment. Mr. Conklin said that the Harbor Advisory Committee has always been against a cargo port. Black and Veech presented an alternative technology to Commissioner Coward who then presented it to the Commission and it was also presented to the public. This new technology was incorporated so there would be no need for a permanent site and that a dewatering concept could possibly be utilized. The issue that hasn't been resolved is finding a temporary spoil site for the muck. Mr. Parry indicated that the Waterfront Council would accept using the Black and Veech dewatering dredging method. Mr. Bell's property, which is a much smaller area adjacent to Taylor Creek and west of Harbor Point, was suggested as a spoil site. Commissioner Coward also discussed the port master plan, which shifted from an industrial cargo port to a mega-yacht facility with an identified "limited cargo" language on the south end, as a possibility. However, "limited cargo" is too broad and needs to be defined. When it was written, it clearly meant that it was going to allow for the fruits and vegetables concept, but not for containerized cargo. If it's not clear, it needs to be clarified. Delores Hogan Johnson stated that legal would present something regarding the "limited cargo" description. To clarify the record, Jeanne Hearn stated that the Waterfront Council has not brought forth a new method. She also stated that the permit was not complete, and DEP admitted that. Commissioner Coward indicated that the County Commission was not required to get a permit for this project, but did go through the permitting process and further scrutinized some of the issues about contaminants in the soil, methodology and location of the site in trying to move forward. The overall project has been ongoing for about seven years and is doing an environmental clean-up project that also provides benefits for navigation, which in turn will benefit the mega-yacht industry at the port. ~ '-" Howard Conklin made a motion that this committee recommends to staff to convene a meeting with the parties and be prepared to go into every issue raised in the petition for a formal administration hearing before the DEP in Tallahassee and try to resolve it on a local level between the parties; the county staff, the consultant and the three parties that filed the petition. 3 \.- ~ "-' Gail Kavanagh seconded the motion, and the motion carried unanimously by voice vote. John Parry requested that Commissioner Coward also be present. Dolores Hogan Johnson will send all the parties another packet if necessary. A discussion ensued regarding Mr. Bell and the fact that his land is sitting idle. Heather Young stated she would notify everyone if there were any changes. Pieter Stryker indicated that he heard the burden of condemnation is lighter on the Community Redevelopment Agency than it is on the County. Heather Young said that she had not heard that and that she will look into the possibility. Pieter Stryker motioned to form a group to talk with Senator Pruitt. Councilman Cooper seconded the motion and then withdrew his second. Pieter Stryker decided to think about it and will bring it up at the December meeting. Delores Hogan Johnson indicated that Commissioner Barnes has chosen to replace her with Bill Theiss who will be the new representative. He is the Mayor of St. Lucie Village. Mr. Theiss will be chairing the December meeting, but a new Chairperson and Vice Chairperson will have to be elected. Jeanne Hearn then asked for a report for her group, the Waterfront Council, on what security is being done on the 67 acres at the port. Gail Kavanagh said that funding has dried up as far as security is concerned. It was also asked where Christine was, the representative from the City. Heather Young said she would check on that. 6. ADJOURNMENT Having no other business to discuss, it was moved by Jeanne Hearn to adjourn. and seconded by Pieter Stryker. The motion carried unanimously by voice vote. The meeting adjourned at 4:26 p.m. Danae R. Boncal Recording Secretary ,.\ X \ cc: FORT PIERCE HARBOR ADVISORY COMMITIEE MEMBERS: Delores Hogan Johnson Christopher S, Cooper Christine Coke Howard Cónklin Gail Kavanagh Jeanne Hearn Mary Chapman Pieter Stryker David Souza Jerry Kuklinski ALSO: Board of County Commissioners Doug Anderson, County Administrator Ray Wazny, Assistant County Administrator Dan Mcintyre, County Attorney Don West, Public Works Director 4 '" ~ FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting October 24, 2003 Convened: 3:05 p.m. Adjourned: 3:51 p.m. This meeting of the Fort Pierce Harbor Advisory Committee was held Friday, October 24,2003, at 3:00 p.m. in Conference Room #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. ----~-- Members Present: Howard Conklin Mary Chapman Pieter Stryker Jeanne Hearn David Souza Councilman Chris Cooper Delores Hogan Johnson, Chairman ~~ 1- ~¡I't ~. Members Absent: Commissioner Christine Coke Gail Kavanagh Also Present: Heather Young, Assistant County Attorney Jim Reeder, The Palm Beach Post Ray Wazny, Assistant County Administrator Charles Grande, South Beach Homeowner's Association Ja'net Pentz, Executive Aide to Commissioner Bruhn Diane Turner, Recording Secretary '-' AGENDA 1. 2. ..'ì 3. ¡. \ ROLL CALL Roll call was taken. PUBLIC COMMENT There was no public comment. APPROVAL OF MINUTES OF THE SEPTEMBER 26,2003 MEETING It was moved by Councilman Cooper, seconded by Howard Conklin to approve the minutes of the meeting held September 26, 2003 and the motion carried unanimously by voice vote. 4. OLD BUSINESS There was no discussion of old business nor discussion about old minutes. Jeanne Hearn asked what Heather Young will be speaking about. Heather stated she will be speaking about the limited cargo definition. Mrs. Hearn asked if we are still on track with the height limits. Heather stated yes, as far as she knows. '-" 1 .... '-' \.- '-' 5. SELECT DATES FOR NOVEMBER AND DECEMBER MEETING It was motioned by Councilman Cooper that the meetings for November and December be held on November 21st at 3:00p.m. and December 19th at 3:00p.m. The motion was seconded by Jeanne Hearn. The motion was carried unanimously by voice vote. 6. ITEMS FOR DISCUSSION I HEATHER YOUNG Heather stated that last meeting she distributed a faxed copy of a proposed definition received by Bill Hearn regarding the definition of limited cargo. Heather typed the definition of limited cargo for the members of the Harbor Advisory Board and distributed it. A copy of the handout and Policy 1.2.3 and Policy 2.1.2 of the Port Master Plan are attached to the minutes. Heather distributed minutes from the Board of County Commission meeting from November 12, 2002. In them was discussion of limited cargo and what the Commissioners' comments about cargo were cargo at that time. Heather apologized for any inconvenience. saying that the minutes were verbatim and it takes longer to transcribe verbatim minutes. Jeanne Hearn asked Heather if the definition of limited cargo can be in the text of the ordinance or does it have to be in the Policies, Goals and Objectives. Heather stated that she thinks it can go in both but certainly in the definition. Heather stated that even though it is not part of Policies, Goals, and Objectives, if you define it elsewhere in the document you would look to that definition. Mrs. Hearn asked if it has to be part of the Comprehensive Plan change. Heather stated that if you put it in the Comp Plan, it does. The Master Plan is part of the Comp Plan and if that were changed, it would be a whole process. Mrs. Hearn asked when the next Comp·Plan changes that change the height requirements. Heather stated the height requirements are part of the Land Development Code and she is not sure when the Camp Plan changes will be. Heather passed out the minutes of the County Commission Meeting for November 12, 2002. The Committee analyzed the minutes and asked questions and voiced concerns where warranted. Heather answered questions and discussion ensued. There was discussion about the definition of limited cargo and a motion was made by Mary Chapman to pass on the definition without the last sentence, and then send it to the County Commission. The motion was seconded by Jeanne Hearn and the motion was carried by a show of hands. It was also recommended the Harbor Advisory Committee members have privy to any draft application. A \ \ Mrs. Hearn expressed concern about the Tall Ship Rachael B. Jackson not coming back to the Harbor Advisory Committee before going to the Board of County Commissioners. Mrs. Hearn stated the County needs to track people who are not paying their bills. 7. NEW BUSINESS A motion was made and seconded that a recommendation be made in yachting magazines about the availability of the Mega-Yacht in the Fort Pierce Harbor. The motion was carried by voice vote and opposed by Howard Conklin. Mrs. Hearn voiced a concern as to why the county cannot go forward with condemnation of Mr. Bell's property. Some other members expressed their concerns and discussion ensued. 2 · '- \.r ~ ~ A member suggested having a phone conference with Dr. Benji Brumberg at the next meeting about the progress of the Port. Another member suggested for the Coast Guard to attend a future meeting to speak about jurisdictional issues about anchoring and the barge situation. Heather said she would check on it. 8. ADJOURNMENT Having no further business to discuss, it was moved by Councilman Cooper and seconded by Jeanne Hearn to adjourn. The motion was carried unanimously by voice vote. The meeting adjourned at 3:51 p.m. Respectively Submitted, Angela Huff Office Assistant \I c: Fort Pierce Harbor Advisory Committee Members: Delores Hogan Johnson, Chairman Gail Kavanagh, Vice Chairman Howard Conklin Councilman Chris Cooper Jeanne Hearn Commissioner Christine Coke David Souza Pieter Stryker Jerry Kuklinski Mary Chapman Board of County Commissioners Dan Mcintyre, County Attorney Doug Anderson, County Administrator Ray Wazny, Asst. County Administrator Don West, Public Works Director .., ¡ \ 3 - .. ~ \... \r , , . , i, ., II' II i ¡ . · FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting September 26, 2003 Convened: 3:05 p.m. Adiourned: 4:35 p.m. This meeting of the Fort Pierce Harbor Advisory Committee was held Friday, September 26, 2003, at 3:00 p.m. in Conference Room #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. MEMBERS PRESENT: Howard Conklin Jerry Kuklinski Pieter Stryker Jeanne Hearn 11. _ .-A. J} 4t-;;;- David Souza ~~ Councilman Chris Cooper ~.$ +0 ~ Gail Kavanagh, Vice Chairmé.. ~. )- l' . ð.· Delores Hogan Johnson, ChI" . ~. .. . A\. . .,. . ~ Commissioner Christine Cok . MEMBERS ABSENT: ALSO PRESENT: Don West, Public Works Director Heather Young, Assistant County Attorney Jim Reeder, The Palm Beach Post Mary Chapman, FPHAC Member John Arena, Earth First Liz Flaisig, The News Tribune Bob Bangert, Conservation Alliance John Parry, Waterfront Council Ray Wazny, Assistant County Administrator Diane Turner, Recording Secretary AGENDA 1. ROLL CALL Roll call was taken. 2. PUBLIC COMMENT There was no public comment. 3. APPROVAL OF MINUTES OF AUGUST 27,2003 MEETING It was moved by Councilman Cooper, seconded by Howard Conklin to approve the minutes of the meeting held August 27, 2003, and the motion carried unanimously by voice vote. 4. OLD BUSINESS Jeanne Hearn asked about a guarantee that Phase II of the Taylor Creek Dredging Project will be completed. Don West said that all funding is tied to completing Phase I and Phase II. The committee discussed doing both phases at the same time. Mr. West stated that the problem is that a Phase II permit most likely could not be â >. ~ ~ '-' obtained in time to start the project in April of 2004. That was the reason for phasing the project. We must show a start of construction in this fiscal year to get the funding. Delores Hogan Johnson asked why this wasn't done before now. Mr. West stated that every time they try to get the project on track there are all kinds of objections raised about all different issues. Howard Conklin stated that Harbor Branch is having a problem with their research ships running aground, and unless Taylor Creek is done they will not do the intracoastal so Harbor Branch is also supporting the Taylor Creek project. Mrs. Hearn asked about the change in depth of the project. Mr. West stated that DEP asked to go an extra foot after additional sediment testing, so they would go to solid sand. Mr. West said the cost would not change much. 5. UPDATE ON TAYLOR CREEK PERMITTING Don West, Public Works Director, gave the update. Mr. West told the Committee that the Army Corps and DEP are prepared to issue permits for Phase I, which will be received in about 30 days. He said the next step is to go back to FIND with the permits and then we would be in a position to begin getting an application ready for the Phase II permit. 6. NEW BUSINESS Heather Young distributed copies of Mr. Hearn's proposed definition of "limited cargo". The Committee requested that a discussion on the "limited cargo" definition be on the next agenda. 7. ADJOURNMENT Having no other business to discuss, it was moved by Councilman Cooper, seconded by Jeanne Hearn to adjourn. The motion carried unanimously by voice vote The meeting adjourned at 4:35 p.m. Diane Turner Recording Secretary c: Fort Pierce Harbor Advisory Committee Members: Delores Hogan Johnson, Chairman Gail Kavanagh, Vice Chairman Howard Conklin Councilman Chris Cooper David Souza Pieter Stryker Jerry Kuklinski Mary Chapman Board of County Commissioners Dan Mcintyre, County Attorney Doug Anderson, County Administrator Ray Wazny, Asst. county Administrator Don West, Public Works Director ·0 ~ FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting September 26, 2003 Convened: 3:05 p.m. Adiourned: 4:35 p.m. This meeting of the Fort Pierce Harbor Advisory Committee was held Friday, September 26, 2003, at 3:00 p.m. in Conference Room #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. Howard Conklin Jerry Kuklinski Pieter Stryker Jeanne Hearn David Souza Councilman Chris Cooper Gail Kavanagh, Vice Chairman Delores Hogan Johnson, Chairman MEMBERS PRESENT: Commissioner Christine Coke MEMBERS ABSENT: ALSO PRESENT: '-" AGENDA 1. 2. 3. îlì ~1')-\ - , 4. "'" Don West, Public Works Director Heather Young, Assistant County Attorney Jim Reeder, The Palm Beach Post Mary Chapman, FPHAC Member John Arena, Earth First Liz Flaisig, The News Tribune Bob Bangert, Conservation Alliance John Parry, Waterfront Council Ray Wazny, Assistant County Administrator Diane Turner, Recording Secretary ROLL CALL Roll call was taken. PUBLIC COMMENT There was no public comment. /.I ..., 7 os lÆ.l.Lî ¿.- I :> . ()J~a~w!t{ APPROVAL OF MINUTES OF :JUL'I 2S, 2003 MEETING ~ ~ ,~~~ O-s It was moved by Councilman Cooper, seconded by Howard Conklin to ap rove the minutes of the meeting held September 26, 2063, and the motion carried unanimously by voice vote. :í:.--L..- ~? OLD BUSINESS Jeanne Hearn asked about a guarantee that Phase II of the Taylor Creek Dredging Project will be completed. Don West said that all funding is tied to completing Phase I and Phase II. The committee discussed doing both phases at the same time. Mr. West stated that the problem is that a Phase II permit most likely could not be " '-' '-' ~ .. obtained in time to start the project in April of 2004. That was the reason for phasing the project. We must show a start of construction in this fiscal year to get the funding. Delores Hogan Johnson asked why this wasn't done before now. Mr. West stated that every time they try to get the project on track there are all kinds of objections raised about all different issues. Howard Conklin stated that Harbor Branch is having a problem with their research ships running aground, and unless Taylor Creek is done they will not do the intracoastal so Harbor Branch is also supporting the Taylor Creek project. Mrs. Hearn asked about the change in depth of the project. Mr. West stated that DEP asked to go an extra foot after additional sediment testing, so they would go to solid sand. Mr. West said the cost would not change much. 5. UPDATE ON TAYLOR CREEK PERMITTING Don West, Public Works Director, gave the update. Mr. West told the Committee that the Army Corps and DEP are prepared to issue permits for Phase I, which will be received in about 30 days. He said the next step is to go back to FIND with the permits and then we would be in a position to begin getting an application ready for the Phase II permit. 6. NEW BUSINESS Heather Young distributed copies of Mr. Hearn's proposed definition of "limited cargo". The Committee requested that a discussion on the "limited cargo" definition be on the next agenda. 7. ADJOURNMENT Having no other business to discuss, it was moved by Councilman Cooper, seconded by Jeanne Hearn to adjourn. The motion carried unanimously by voice vote The meeting adjourned at 4:35 p.m. Diane Turner Recording Secretary c: Fort Pierce Harbor Advisory Committee Members: Delores Hogan Johnson, Chairman Gail Kavanagh, Vice Chairman Howard Conklin Councilman Chris Cooper David Souza Pieter Stryker Jerry Kuklinski Mary Chapman Board of County Commissioners Dan Mcintyre, County Attorney Doug Anderson, County Administrator Ray Wazny, Asst. county Administrator Don West, Public Works Director \... \-. ~ 't , J~)~/J '-' FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting August 27, 2003 Convened: 3:04p.m. Adjourned: 4:35p.m. This meeting of the Fort Pierce Harbor Advisory Committeé- was held Wednesday, August 27,2003, at 3:00 p.m. in Conference ,Room #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. , Members Present: Howard Conklin Jerry Kuklinski Pieter Stryker Jeanne Hearn Councilman Chris Cooper Gail Kavanagh, Vice Chairman Delores Hogan Johnson, Chairman Members Absent: David Souza Commissioner Christine Coke Also Present: Don West, Public'Works Director Heather Young, Assistant County Attorney Jim Reeder, The Palm Beach Post Mary Chapman, Former FPHAC Member John Arena, Earth First Liz Flaisig, The News Tribune Charles Grande, President's Council Emily Grande, South Hutchinson Island Grace Stock, Audubon Bill Hearn, SLWC Melisa Diolosa, Dredging & Marine Consultants Shailesh K. Patel, Dredging & Marine Consultants Bob Bangert, Conservation Alliance Commissioner Cliff Barnes, District 5 Lloyd Bell, Destin Beach, Inc. George Kavanagh, FIND Mark Crosley, FIND Ken Waters, Candidate County Commission Leah Oberlin, FDEP Ray Wazny, Assistant County Administrator Diane Turner, Recording Secretary 1 '-' ~ \.- AGENDA 1. ROLL CALL Roll call was taken. 2. PUBLIC COMMENT John Arena addressed the committee on his research of the Pneuma Dredging System. The Committee members received a handout with their agenda packets that Mr. Arena provided prior to the meeting. , 3. APPROVAL OF MINUTES OF THE JULY 25, 2003 MEETING It was moved by Jeanne Hearn, seconded by Councilman Cooper to approve the minutes of the meeting--held July 25, 2003; and the motion carried unanimously by voice vote. 4. OLD BUSINESS Councilman Cooper requested verification from the Committee as to which week of the month the meetings are held. He stated that there was confusion between the last Friday or the fourth Friday. The Committee agreed that the meetings were on the fourth Friday of each month. ~ .J / ' \., Mrs. Hearn asked about the ordinance they requested on "stacking heights". Heather Young said that it should go to the local planning board in October and the Board of County Commissioners in November. Ms. Young said she would bring this to the Committee for their review in September. Ms. Young also distributed a letter from Lewis, Longman & Walker (copy attached) regarding the status of the Comp Plan Review by DCA. Ms. Young said that in DCA's opinion, our most current Master Plan is the valid one. Ms. Young also distributed a copy of the resolution (copy attached) which was passed to form the Harbor Advisory Committee, which Mr. Conklin asked for at the last meeting. Mrs. Hearn asked if the County has received a response to the letter that Mr. Anderson sent to Dennis Beach regarding incorporating the Port Master Plan into their Comprehensive Plan. Ms. Young stated that she would check on this. Mrs. Hearn noted that Mr. Bell was at the meeting, and said that at the last meeting Commissioner Coke said she would invite Mr. Bell and Mr. Bromberg to the next meeting. Mrs. Hearn asked if that is why Mr. Bell was here. Mr. Bell stated that he was asked to attend the meeting that morning and that is why he is here. Jerry Kuklinski asked about the limited cargo definition. Heather Young said that it hasn't been resolved yet but that it is part of the ordinance that Dennis Murphy is working on for October. Heather said she would bring an update to the next meeting. Mrs. Hearn asked about the issue of unnecessary bridge openings. Ms. Young stated that she drafted a letter for Doug Anderson to send to the new Coast Guard and the Sheriff's Department asking them to do whatever they could to assist the bridge tenders. \w. 2 '-' ...." \.- 5. UPDATE ON TAYLOR CREEK PERMITTING Don West, Public Works Director, began the presentation. Mr. West told the Committee that the purpose of this presentation was to bring everyone,up to date on where we are in the permitting process for the Taylor Creek Dredging Project. Mr. West stated that we are currently in the process of trying to obtain a permit for Taylor Creek. Mr. West stated that the County applied to the Florida Inland NavigatiopDistrict (FIND) for grant funding for the project. The grant fUl1ds were received conting~nt upon obtaining a permit by a deadline date of September 17, 2003. Mr. West said that the permit would be for Phase 1 of the p~ect. ' Mr. West introduced the groups represented at the meeting. Shailesh K Patel and Melisa Diolosa - Dredging & Marine Consultants Mr. Ltoyd Bell, Port Property Owner George Kavanagh, FIND Commissioner Mark Crosley, FIND Leah Oberlin, Florida Department of Environmental Protection (FDEP) - working with the County to permit the project Mr. West stated that due tpthe September 1 ih deadline there wouldn't be time for additional meetings, so he wanted to cover everything at this meeting. Mr. West turned the meeting over to SK Patel. "..1 j' , \. Mr. Patel gave a history of the project, going back six or seven years ago. In 1998, Mr. Patel said that they got an exemption to dredge the navigation channel. Mr. Patel said that the community felt that in the best interest of the environment it was best to proceed with an environmental resource permit, even though we have an exemption to dredge this. Mr. Patel said that they went ahead with the navigation channel and had public meetings and then a r survey was done to look into dredging Taylor Creek. Mr. Patel showed the committee a detailed map of the area that was looked at. Mr. Patel said that the navigation channel was dredged in the 1960's by the Army Corp and at that time it was redesigned to straighten out the creek and areas near the port were added on. In 1998 a study was done of the sediments and again in 2000. At that time it was decided to do the navigation channel plus the areas on either side including Reach 2 to protect the sediment from flowing out into the Indian River Lagoon. The FDEP Submerged Lands group was monitoring the sea grass areas in 1999 and after the storm the 300 foot band of sea grass was reduced to 24 feet, concluding the source of the sediments on top of the sea grass was likely Taylor Creek. A permit submitted in May of 2003 was for the entire project. In order to address all the concerns for the entire project, there was not sufficient time to get the permit for the entire project by the September 1 ih deadline, so the decision was made to phase the project, and do the only Navigation Channel. Mr. Patel said that from the beginning of the project it has been clear that any site used would be a temporary site .(Mr. Patel distributed the map of the thirteen sites that were looked at for disposal sites.) The County has looked at many sites that could be used. Mr. Patel said that the port property is the most desired site and that the west side of the port property was already used as an upland disposal site. There was dredge and much material there in the past. Mr. Patel said that originally Harbor Pointe was ~ 3 '-' ..""", \. listed as a site, and sites #5 & #8 were looked at but not suitable by Fish & Wildlife due to the type of habitat there. Mr. Patel said that the agencies ranked the Port Property most suitable and most preferred because it has previously contained dredge material. Mr. Patel said that Mr. Bell agreed to allow his property to be used, and, Mr. Bell confirmed this to the Committee members that asked him again at this meeting. Mr. Patel said that they met with Leah of DEP to see what could be done to get the permit by September 1 ih. Mr. Patel said that they took additional samples to be tested and the data should be available by Friday. Mr. Kavanagh, FIND Commissioner clarified that the money is in the budget but the construction needs to start before the dollars are rèleased, and these dollars are to be given in 3 phases over 3 years, however if the permit is not received by September 1 ih, that eliminates all the dollars budgeted for the entire three years, and the application process would need to start over. Mr. Stryker askéd about the future phases and where would that dredge material be placed. Mr. Patel said that right now the focus has been on getting the permit for Phase 1. ~ Mr. Conklin asked that Mr. Patel come back and brief the Committee on the additional phases as they come up. Mr. Patel said once they cross this permit for phase 1 hurdle, they will be continuing with the permitting process for the remainder of the project, and come back with additional presentations. Mr. Patel explained the regulations in the State of Florida for the time during the month that dredg¡n~ can occur. In this part of Florida that window for dredging is between April and October 1 S . Mr. Patel said that phase 1 (navigation channel) can be completed in this 7 month window. He said that this will also give the public an opportunity to see how this is done on a smaller scale to be more comfortable with the process when we get to the remaining portions of the project. Mr. Stryker asked if when you get to the point of dredging Reach 2, will Reach 1 need to be redone after Reach 2? Mr. Patel said it maybe a possibility, but they have thought of this and have to come back and re finish, but doesn't anticipate a lot of material coming back into this area. Mr. Grande spoke about reversing the phases, since funds might not be available to complete the job. Mr. Kavanagh said that FIND has committed $800,000 and re-designated the project as a multi- year project. Mr. Patel said that there is more information that can be provided to DEP on the navigation channel because a lot of it is already available. Commissioner Barnes asked if everything north and south of the navigation channel are included in phase 1. Mr. Patel said not in phase 1, that will be in the next phase. Mr. Stryker asked if the businesses benefiting from dredging the navigation channel will be charged for a portion of the cost. Mr. West said no, and explained the problems with that and assessments and the time the process would take, and the difficulty in determining who some of it. Mrs. Hearn asked if there is a guarantee that phase 2 would be done. Mr. West stated that he feels we have the guarantee of the County Commission. Mr. Kavanagh again said that all of the $800,000 is contingent on getting the permit by September 1 iti. Mr. Bangert asked Mr. Bell if the people that made him offers on his property have any objection on having dredge material on the property. Mr. Bell said he doesn't see why any of them would have any objection, as it just improves the general condition for everyone. So, ~ 4 '-' ,.., \w- they are all in approval. Mr. Arena discussed the Pneuma method once more with Mr. Patel. Mr. Patel spoke about issues he has come across relating to time frames and availability, in researching this technology. Commissioner Barnes said that the technology keeps changing and we have a newer technology from what we looked at before, and we need to just get the project done. Delores Hogan Johnson asked about the Reach 2 and why is it not being done now. Mr. Patel said there is a submerged lands issue. Lea,h Oberlin from FDEP explained that you would need to get a public easement because. you are dredging for navigation on state owned submerged lands. In Taylor Creek anything below mean high water in the unaltered portion of the creek is sovereign submerged land$ which means you need to get the public easement on that area. In an attempt to minimize the project to make it almost a test project, a smaller scale project in a less questionable area, in the channel, the benefit is that the majority of that is artificial because it looks like it is the altered portion. There is a possibility that they may not need to get an easement in that section. Ms. Oberlin said it is not a guarantee, but it is a possibility. The concern is that the channel does still cover some sovereign lands on either side of it and it has not been settled yet how to deal with that. Mr. Conklin spoke about the urgency in preserving the funding and approving Phase 1. \.r Ms. Oberlin stated that DEP has to have all of their issues satisfied. That includes drawings showing the specific a,rea, the environmental issue and whether or not there is contamination in the sediment, and how that will be handled once the material is removed. Ms. Oberlin stated that this project i$Nery controversial in nature and because of that she cannot automatically issue a permit, unless some of that controversy has been dealt with to the satisfaction of the public and the people involved. Ms. Oberlin said that in light of the controversy she has to issue what is called an "Intent to Issue". Ms. Oberlin has to have everything before she can do this, and determine that the project is viable. When an "Intent to Issue" is issued, it has to be published to allow the public 21 days to respond. That opportunity has passed since there is not enough time for the process, so what has to happen now is DEP needs to be convinced that it is a good project and that the controversial nature of the project has been addressed and the community is comfortable with the project so that DEP can issue a permit without issuing an "Intent to Issue" in addition to that. Mr. Patel verified with Mr. Crosley that an "Intent to Issue" was not enough, and that an actual permit was needed by September 17'h to secure the funding. Ms. Oberlin said she needs public feedback that in general it is a good project. Mrs. Hearn asked about the questions that DEP issued to the County in June. Ms. Oberlin said that the majority of the questions still stand. Ms. Oberlin said the major issues are that she needs the sediment data, an understanding of what is going to happen when the material is removed and how it will be removed, where it is going to be placed and good drawings of the project. The majority of the other questions are wrapped into those 3 main issues. Ms. Oberlin said that DEP looks at not only exposure to humans but to the creatures as well. Mrs. Hearn asked about a contract to use the port property as a spoil site. Mr. West said a meeting is set up with Mr. Bell later in the week. Mr. West said that the details with the City and moving the material would be worked out. \.- 5 ~ ....., \..,. Mr. Hearn spoke about the sea grass beds' and that he thought that and the dredging that took place had a major effect on the sea grass. Mr. Hearn spoke about the draft of the vessels coming into Taylor Creek and that we should not allow ships to come in and do the same thing again. He asked if this can be regulated after we dredge. Mr. Hearn asked if the water has been tested before it comes over the spillway compared to what is at the mouth of Taylor Creek when the tide is going out. Are we getting more contaminants in the water at the mouth of Taylor Creek than what is coming over the creek in the spillway. Mr. Patel said that he would look at the 2000 report when the wÇl.ter was looked at. (.- Gail Kavanagh asked if Mr. West can supply the information needed by DEP in time. Mr. Patel said the work was done last week, and the information will be sent even in draft form by Monday latest, 95% of the information will be to DEP. Polymer is used to thicken the sediment and this information will also be forwarded to DEP. This is the only portion that is missing and is being worked on. Ms. Oberlin said that if the information that she gets is appropriate -than DEP can help, if not they cannot issue a permit. Mr. Patel said if it is necessary to use a liner to help the public accept the project, they are willing to go the extra step if it makes the project go forward. ' Howard Conklin made a recommendation to accept the report and send the recommendation for approval of Phase I of the dredging project to the Board of County Commissioners. The motion was seconded by Gail Kavanagh; and the motion carried by a vote 5-2 (Jeanne Hearn, Delores Hogan Johnson - No) . _ ." J ' \... 6. NEW BUSINESS There was no new business brought up. Due to time constraints, the video that was to be shown of the Scenic Highway Designation of A 1 Allndian River Drive will be placed on the agenda for the September meeting. 6. i ADJOURNMENT Having no other business to discuss, it was moved by Councilman Cooper, seconded by Jeanne Hearn to adjourn. The motion carried unanimously by voice vote. The meeting adjourned at 4:35 p.m. Diane Turner Recording Secretary c: Fort Pierce Harbor Advisory Committee Members: Delores Hogan Johnson, Chairman Gail Kavanagh, Vice Chairman Howard Conklin Councilman Chris Cooper Jeanne Hearn Commissioner Christine Coke David Souza Pieter Stryker Jerry Kuklinski Mary Chapman Board of County Commissioners Dan Mcintyre, County Attorney Doug Anderson, County Administrator Ray Wazny, Asst. County Administrator Don West, Public Works Director \r 6 .-. 'wi @) (L~JJLŒ., m 1 LEWIS, LONGMAN &WALKE~)¡P.'A\tt; 2 5 20m !I~!i A T TOR N E Y SAT LAW ! L___,__._m~_..j ¡ "'". 'f'n" t~-·r'·"-"¡ ¡._.uLJ \: ¡ , ,.\\ ¡ uhí\ '--' HELPING SHAPE FLORIDA'S FUTURE® \... ERIC AsH KRISTIN K. BENNElT w: O. BIRCHFIELD JODY LANE BROOKS WILLIAN G. CAPKO BETH ANN CARLSON MICHELLE DIFFENDERFER ROBERT P. DIFFENDERFER KENNETH w: DODGE AMY M. DUKES BRENNA MALOUF DURDEN LAURA.IACOBS FEAGIN ROSLYNN N, FERGUSON WAYNE E. FLOWERS , JOHN w: FOREHAND WALTER E. FOREHAND MELISSA GRoss-ARNOLD KEVIN S. HENNESSY R. STEVEN LEWIS TERRY E, LEWIS JAHES w: LINN ANNE LoNGHAN G. STEPHEN :MANNING DAVID E. RA¡. BA KENNETH G. SPILL/AS EDWIN A. STj:INHEYER GLE!'.'N E. 'fH01-/AS STEPHEN A. WALKER. www.ll..·-law.com Jacksonville Office 9428 Baymeadows Road Suite 625 Jacksonville, Florida 32256 (904) 737-2020 Fax: (904) 737-3221 Tallahassee office Post office Box 10788 (32302) 125 South Gadsden Street Suite 300 Tal1ahassee. Florida 32301 (850) 222-5702 Fax: (850) 224-9242 \r W¡'st Palm Beach Office 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 (561) 640-0820 Fax: (561) 640.8202 ..... . -..,....,......-...-.--.........--~.-..,-...,..,.--_... Reply To: West Palm Beach f, I August 22, 2003 , Daniel S. McIntyre, Esquire St. Lucie County .2300 Virginia Avenue Administrative Annex - 3rd Floor Ft. Pierce, FL 34982 VIA TELEFACSIMILE RE: Status of Port Master Plan and Subsequent Comprehensive Plan Amendments Dear Dan: ~ J j , Per our conversation, this confirms I have spoken with Ken Metcalf, the Department of Community Affairs official responsible for review and approval of St. Lucie County's comprehensive plan amendments. On the subject of the Port Master Plan, Mr. Metcalf confirmed that the Department of Community Affairs determined the recently submitted Port Master Plan in compliance. My understanding of the law is that a finding of compliance is approval and authorizes application of the Port Master Flail as th¡;: official plan for any future dévelopment at the Port. Mr. Metcalf confirmed that that is also the Department's interpretation of Florida law as well. Hence, the current Port Master Plan is the prevailing planning document for future development at the Port. As to the remaining comprehensive plan elements under review by the Department, Mr. Metcalf confirmed that he and Dennis Murphy were in general agreement as to how to proceed. Basically, the intention will be to promulgate a settlement agreement along with a schedule for completion of remaining amendments sometime during the next two, to three months. I understand that Dennis is in agreement with this strategy as well. Hence, it appears that all pending matters relating to the ~ú \ '-' ...., Daniel S. McIntyre, Esquire \¡.,. St. Lucie County . August 22, 2003 Page 2 comprehensive plan should be resolved to the satisfaction of the Department of Community Affairs in the near future. If you have any questions concerning this inform~tion, please let me know. f· Sincerely' yours, Ii~ Terry E. Lewis TEL/sps nClient Documents\St Lucie County\741-001\CORR\Mclntyre Llr 27.doc ---' / ' \.r ~ ,". '-" '-' '-' ~ ...,.¡ RESOLUTION NO. 99-102 A RESOLUTION CREATING THE FORT PIERCE HARBOR ADVISORY COMMITTEE; AND PROVIDING FOR DUTIES AND FUNCTIONS OF THE COMMITTEE WHEREAS, the Board of County Commission~rs of St. Lucie County, Florida, has made the following determinations: , 1. The Seaport Advisory Committee was established by the Port and Airport Authority in 1981. 2. On April 13, 1999, the Board of County Commissioners changed the name of the Seaport Advisory Committee to the Fort Pierce Harbor Advisory Committee in order to broaden the scope of the committee. 3. On April 13, 1999, this Board-arsb'discussed and approved the objectives of the Fort Pierce Harbor Advisory Committee. 4. This Board should create the Fort Pierce Harbor Advisory Committee for the purpose of advisìng the Board of County Commissioners on matters relating to Harbor related projects and to review and provide recommendations to the Board on Harbor projects and operations. 5. This Board should further define the duties and functions of the Committee. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1, This Board does hereby create the Fort Pierce Harbor Advisory Committee. Such Committee shall have the following duties and functions: a. To review and make recommendations to the Board of County Commissioners on Harbor related projects. '-' ..., b. To identify and make recommendations on Federal and State Harbor project grants. ~ c. To continually review Harbor operations, policies and safety. d. To review environmental issues affectiq.g the Indian River Lagoon and make recommendations to protect the bio-diversity of the Indian River Lagoon. 2. The actions, decisions and recommendatiçms of the Fort Pierce Harbor Advisory // Committee shall not be final or binding on the Board of County Commissioners, but shall be advisory , only. 3. The F0I!. Pierce Harbor Advisory Committee shall consist of nine (9) members who shall be appointed as follows: a. Each Board member shall appoint one (1) member to serve on the Committee, and the C~airman shall be selected rrom these appointments and shall run concurrent with the term of the appointing Commissioner. ~ b. Three (3) members 'sli~1Í be selected for appointment to the Committee by each of the following municipalities for two (2) year terms: 1. One (1) designee from the City of Port St. Lucie. 2. One (1) designee from the City of Fort Pierce. 3. One (1) designee from St. Lucie Village. ¡ c. The remaining one (1) member shall be appointed At Large by the Board of County Commissioners. d. All members shall serve without compensation. 4 . Vacancies for all appointments shall be filled upon: a. Death of a member. b. Resignation. c. Removal by appointing authority. d. Three (3) unexcused absences in a six (6) month period. Vacancies shall be filled by the Commissioner who nominated the member who created the vacancy subject to the appointment approval of the Board of County Commissioners for the unexpired term only. \.,. '-' ...., ~ 5. The Commi~ee Chairman shall establish a time and place for holding meetings as shall be necessary and the Committee shall adopt such rules of organization and procedure as may be required. 6. The Committee may establish sub-committees for specific subjects or tasks from among its members. The Committee shall hold its first meetigg· as soon as possible from the date this !; resolution is adopted. "\ 7. The County Administration staffshall provide support for the Committee and shall keep a record of its proc~edings. 8. If any action, sentence, or clause Qfthis resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the ., remaining portions of this resolution. \.... . j' , After motion and second the vote onlhis resolution was as follows: Chairman Paula A Lewis AYE Vice Chairman John D. Bruhn AYE Commissioner Cliff Barnes AYE Commissioner Frannie Hutchinson AYE Commission Doug Coward AYE PASSED AND DULY ADOPTED this 27th day of April, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CL ; ~ ~ n,' !V):\\\,~ ' a:~.t~'-·'~:t t~. "" " .þ. tLl r;~. 0,... r I þ~':)'/ /!,'ì? \' '...'. ~....", '.::? .c.< i h·· "\...t2 .~... ~;_.., <.. b~ "J' \';::::,t,.:;;~~;<: ~' "'-'.;ic "if",;#·.· .,. """;r.., _. ..,.r_ "...IÞ'....." . ~.:,~>. BY: >4~lC¿~;(;; '-' ,. . . '-' -..' ~ (/ , ~-~.): /, , '-' \..- .~ '-' \... ~ FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting July 25,2003 Convened: 3:01 p.m. Adjourned: 3:49p.m. This meeting of the Fort Pierce Harbor Advisory Committee was held Friday, July 25, 2003, at 3:00 p.m. in Conference Room #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. Members Present: Howard Conklin Jerry Kuklinski Pieter Stryker Jeanne Hearn Councilman Chris Cooper Commissione). Christine Coke David Souza Delores Hogan Johnson, Chairman .A' il; Members Absent: " Gail Kavanagh, Vice Chairman Also Preseht: Don West, Public Works Director Heather Young, Assistant County Attorney Jim Reeder, The Palm Beach Post Mary Chapman John Arena, Earth First Liz Flazig, The News Tribune Diane Turner, Recording Secretary AGENDA 1. ROLL CALL Roll call was taken. 2. PUBLIC COMMENT There was no one present that wished to address the Committee. 1 'o. . ~ 3. APPROVAL OF MINUTES OF THE June 27, 2003 MEETING Mrs. Hearn requested that under Item Number 4, on page 2 regarding a meeting at the hospital, that the sentence be changed to include that the "County Attorney was also present at the meeting." It was moved by Jeanne Hearn, seconded by Councilman Cooper to approve the minutes of the meeting held June 27, 2003 as amended; and the motion carried unanimously by voice vote. 4. OLD BUSINESS .-< Jeanne Hearn discussed the SOCC agenda item to revise the $6 million submission to FSTED for funding. Mrs. Hearn noted that originally the application listed "funding to acquire" and she spoke to Mr. Anderson and now he added "or develop. Mrs. Hearn also requested that the answer to the question on the application pertaining to how the project is needed to maintain existing service or capacity. The original answer was "to fully develop th~ Port", and. she asked ~hat it be clianged to add "for the Mega Yacht industry as per the P6{.t Master Plan. Mrs. Hearn said that at the SOCC meeting it was mentioned that these changes were made. Mrs. Hearn stated that everyone on the Committee should have a copy of the application. There was a copy of the application included in the additional material that/was passed out to the Committee at this meeting. Mrs,' Hearn has asked Heather Young, Assistant County Attorney, to look into whether the Cqunty Comp Plan is in compliance with the Port Master Plan. Mrs. Hearn said the Port Master Plan is complete and has been approved, however, it is her understanding that the County Comprehensive Plan is not in compliance. Weare about 5 % years late in getting it approved in Tallahassee. Mrs. Hearn said her question is a legal question challenging the County Comprehensive Plan not being in compliance. Mrs. Hearn wants to know if challenged, whether we would have to go back to the 1989 Port Master Plan until we are in compliance. Heather stated that she doesn't believe this will be a problem but Dennis Murphy and Dan Mcintyre are both on vacation this week and are more actively involved in this. Heather will check on this when they return. Mrs. Hearn would like to see this come from DCA. Heather said staff would be the one to send a letter to DCA. Commissioner Coke stated that the County asked the City to incorporate the Port Master Plan into the City's Comprehensive Plan. They have finally written a letter in the past two weeks but it has not been acted on yet. Commissioner Coke will follow up on this. Heather will handle the other request for DCA. \... Mrs. Hearn asked about the ordinance they requested on "stacking heights" and the limited cargo definition. Heather Young said that Dennis Murphy is working on these to be included in the Comp Plan Development Code. Ms. Young said it would probably be on the SOCC agenda sometime in September. \.. 2 , '.'; ~. . ~ 5. UPDATE ON TAYLOR CREEK SPOIL SITE SELECTION Don West, Public Works Director, updated the Committee on the additional sites being evaluated for a spoil site, and passed out a map for the Committee to see the sites that he was talking about. Mr. West stated that Site #1 and Sit~ #2 (Harbour Pointe and Bell Property) are being evaluated as well as a recent request from the Committee to evaluate additional sites. Site #5 and Site #8 are being evaluated and were not originally included because they are only 10-12 acres in size and originally they were looking for a site about 20 acres in size.. Mr. West said they are now checking to see if they can make a smaller site work. Mr. West stated that DEP was asked to assist the County in evaluating Sites 5 & 8. Mr. West said that phasing of the project is being looked at as well. Mr. West said that by using a different method and phasing the project, a smaller site may be feasible. Environmental issues will need to be evaluated as well. Mr. West stated that after this process is complete they plan to come back and have a discussion or workshop, once they . have all the needed information. ..< ty1¡s. Hearn stated that she has a cqpy of DEP's preliminary summary of the site visit. She ~~hed that th'e Waterfront Council is in the process of evaluating this. She said there were some misconceptions that need to be cleared up. Mrs. Hearn discussed the information from the summary with the Committee. 6. REVIEW OF' BOCA ORDINANCE REGARDING BRIDGE OPENINGS ~ j' . Heather Young, Assistant County Attorney, stated that she checked with Boca Raton, and Delray Beach, and neither currently have ordinances. Ms. Young stated that she also checked with Palm Beach County and Broward County and they don't have ordinances either. Ms. Young stated that there are Coastguard regulations regarding lowering equipment, etc. prior to requesting a bridge opening, but nothing was found in any local jurisdiction regarding bridge openings. Ms. Young stated that Ray Wazny sent a letter to FDOT regarding timed openings. Mr. Conklin stated that it seemed like the enforcement down south was a lot more aggressive. Mrs. Hearn suggested writing a letter to the local Coastguard asking them to enforce this. Ms. Young said that she would follow up with the Coastguard, FDOT and the Sheriff's Patrol. 7. NEW BUSINESS Mrs. Hearn spoke about a meeting that took place on July 22nd between Mr. Bell and the three prospective buyers of the port property. She informed the Committee that no representative of the County attended and would like to find out what came out of that meeting. The Committee felt that the County should have attended or sent a representative. Commissioner Coke stated that she tried to call Mr. Brumberg to get a recap of the meeting but could not reach him, so she sent him an email. The Committee would like to invite him to the next meeting. Commissioner Coke will check on this. Mrs. Hearn stated that she would like to see things like the FSTED application brought before this Committee before going to the Board of County Commissioners. Mrs. Hearn stated that special meetings can be called to address these things. Delores Hogan Johnson '-' 3 , \...- said that if enough members can get together to discuss these things they should meet. Commissioner Coke asked if there was a charter and purpose to define their responsibilities and obligations as far as their interaction with the County, or a mission statement. Ms. Young stated that there is no mission statement, but at one point there was a resolution that created a general outline. Ms. Young said that she would track it down. Mrs. Hearn asked everyone to update their spoil site map and date the map. Some of the site numbers were not visible on the copies that Mr. West provided. Mr. West said he would get color maps for the next meeting. 6. ADJOURNMENT Having no other business to discuss, it was moved by David Souza, seconded by Howard Conklin to adjourn. The motion carried unanimously by voice vote. The meeting adjourned at 3:49 p.m. -< Di,~ne Turner Rldórding Seéretary c: Fort Pierce Harbor Advisory Committee Members: Delores Hogan Johnson, Chairman Gail Kavanagh, Vice Chairman Howard Conklin Councilman Chris Cooper Jeánne Hearn Commissioner Christine Coke David Souza Pieter Stryker Jerry Kuklinski Mary Chapman Board of County Commissioners Dan Mcintyre, County Attorney Doug Anderson, County Administrator Ray Wazny, Asst. County Administrator Don West, Public Works Director \. ~ 4 DESIL11NG OF DAAIS ENVIROMENTAL RECLAMATIONS b2j Up to 90% of solid concentration in the dredged mixture. b2j Wide output range - from 40 to l,OOOm31h. b2j No rotating cutters - turbidity inexistent during operations. b2j Advanced compressed air tecnology - function· as piston pump. b2j Wide dredging depth range - from a few centimetres to 200 m. with long distance direct reflow. b2j Numerous assembly possibilities - on existing barges or demountable pontoons. b2j No rigid connections - pump body suspended/þya steel cable and connected by rubber hoses. b2j Efficient desilting of dams even in the presenCe of logs on the bottom. b2j Total compliance with the highest standards of Governmental Agencies for the Environment. ...... ~ ._.__.----,._._-~----~--_._-~-~~--_.- ~ .I PNEUMA S.r.L - Exclusive U.S.A Agent Chuck Tempus 847 Tempus Circle Arroyo Grancie. CA 93420 U.S.A. Te! 805-748-9:378 I Fax 805-489-6438 Email: ctempus@ao!com have been utilized by Offices and private Companies either for dredging deep dams or environmental reclamation jobs. The Canadian Government (Environment Canada) has recently selected the PNEUMA system for the Great Lakes Cleanup Fund - "Contaminated Sediment Removal Technology Program". , Ú~)(Fù@~M@ s.r.1. 50136 FIRENZE,'ITAUA Via dl Varlungo. 59/a - Tel. 055.690437 Tele/ax 055 / 6503989 E-mail: pneuma@dada.it Web site: http://vQ.dada.it!oneuma INTER-OFFICE MEMORANDUM \..... ST. LUCIE COUNTY, FLORIDA TO: Harbor Advisory Committee FROM: Heather Young, Assistant County Attorney I\!¢. C.A. NO: 03-926 DATE: July 10, 2003 SUBJECT: Florida's Government-in-the-Sunshine Laws As you are aware, the Harbor Advisory Committee is subject to Florida's Government-in- the-Sunshine laws. The attached article was printed from the Florida Attorney's website and addresses many ofthe questions frequently asked regarding the Sunshine laws and their application. If you have any questions, please don't hesitate to contact me. Attachment ~ HY/ Copy to: Assistant County Administrator ~ Florida Attorney General '--' MOST FREQUENTLY ASKED QUESTIONS ON FLORIDA'S OPEN GOVERNMENT LAWS The following questions and answers are intended to be used as a reference only - interested parties should refer to the Florida Statutes and applicable case law before drawing legal conclusions. Q. What is the Sunshine Law? A. Florida's Government-in-the-Sunshine law provides a right of access to governmental proceedings at both the state and local levels. It applies to any gathering of two or more members of the same board to discuss some matter which will foreseeably come before . that board for action. There is also a constitutionally guaranteed right of access. Virtually all state and local collegial public bodies are covered by the open meetings requirements with the exception of the judiciary and the state Legislature which has its own constitutional provision relating to access. Q. What are the requirements of the Sunshine law? A. The Sunshine law requires that 1) meetings of boards or commissions must be open to the public; 2) reasonable notice of such meetings must be given, and 3) minutes of the ~ meeting must be taken. Q. What agencies are covered under the Sunshine Law? A. The Government-in-the-Sunshine Law applies to "any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation or political subdivision." Thus, it applies to public collegial bodies within the state at both the local as well as state level. It applies equally to elected or appointed boards or commissions. Q. Are federal agencies covered by the Sunshine Law? A. Federal agencies operating in the state do not come under Florida's Sunshine law. Q. Does the Sunshine Law apply to the Legislature? A. Florida's Constitution provides that meetings of the Legislature be open and noticed except those specifically exempted by the Legislature or specifically closed by the Constitution. Each house is responsible through its rules of procedures for interpreting, implementing and enforcing these provisions. Information on the rules governing openness in the Legislature can be obtained from the respective houses. Q. Does the Sunshine Law applies to members-elect? A. Members-elect of public boards or commissions are covered by the Sunshine law immediately upon their election to public off ice. '-'" Q. What qualifies as a meeting? A. The Sunshine law applies to all discussions or deliberations as well as the formal http://legal.firn.edu/ sunshine/faq .html Page 1 of 4 12/10/2002 Florida Attorney General action taken by a board or commission. The law, in essence, is applicable to any gathering, whether formal or casual, of two or more members of the same board or \..,.. commission to discuss some matter on which foreseeable action will be taken by the public board or commission. There is no requirement that a quorum be present for a meeting to be covered under the law. Q. Can a public agency hold closed meetings? A. There are a limited number of exemptions which would allow a public agency to close a meeting. These include, but are not limited to, certain discussions with the board's attorney over pending litigation and portions of collective bargaining sessions. In addition, specific portions of meetings of some agencies (usually state agencies) may be closed when those agencies are making probable cause determinations or considering confidential records. Q. Does the law require that a public meeting be audio taped? A. There is no requirement under the Sunshine law that tape recordings be made by a public board or commission, but if they are made, they become public records. Q. Can a city restrict a citizen's right to speåk at a meeting? A. Public agencies are allowed to adopt reasonable rules and regulations which ensure the orderly conduct of a public meeting and which require orderly behavior on the part of the public attending. This includes limiting the amount of time an individual can speak and, when a large number of people attend and wish to speak, requesting that a representative of each side of the issue speak rather than every one present. ~ Q. As a private citizen, can I videotape a public meeting? . A. A public board may not prohibit a citizen from videotaping a public meeting through the use of nondisruptive video recording devices. Q. Can a board vote by secret ballot? A. The Sunshine law requires that meetings of public boards or commissions be "open to the public at all times." Thus, use of preassigned numbers, codes or secret ballots would violate the law. Q. Can two members of a public board attend social functions together? A. Members of a public board are not prohibited under the Sunshine law from meeting together socially, provided that matters which may come before the board are not discussed at such gatherings. Q. What is a public record? A. The Florida Supreme Court has determined that public records are all materials made or received by an agency in connection with official business which are used to perpetuate, communicate or formalize knowledge. They are not limited to traditional written documents. Tapes, photographs, films and sound recordings are also considered public records subject to inspection unless a statutory exemption exists. \... Q. Can I request public documents over the telephone and do I have to tell why I want them? A. Nothing in the public records law requires that a request for public records be in writing or in person, although individuals may wish to make their request in writing to http://legal.firn.edu/sunshine/faq.html Page 2 of 4 12/10/2002 Florida Attorney General \..,.. ensure they have an accurate record of what they requested. Unless otherwise exempted, a custodian of public records must honor a request for records, whether it is made in person, over the telephone, or in writing, provided the required fees are paid. In addition, nothing in the law requires the requestor to disclose the reason for the request. Q. How much can an agency charge for public documents? A. The law provides that the custodian shall furnish a copy of public records upon payment of the fee prescribed by law. Ifno fee is prescribed, an agency is normally allowed to charge up to 15 cents per one-sided copy for copies that are 14" x 8 1/2" or less. A charge of up to $1 per copy may be assessed for a certified copy of a public record. If the nature and volume of the records to be copied requires extensive use of information technology resources or extensive clerical or supervisory assistance, or both, the agency may charge a reasonable service charge based on the actual cost incurred. Q. Does an agency have to explain why it denies access to public records? A. A custodian of a public record who contends that the record or part of a record is exempt from inspection must state the basis for that exemption, including the statutory citation. Additionally, when asked, the custodian must state in writing the reasons for concluding the record is exempt. Q. When does a document sent to a public agency become a public document? A. As soon as a document is received by a public agency, it becomes a public record, unless there is a legislatively created exemption which makes it confidential and not subject to disclosure. ~ Q. Are public employee personnel records considered public records? A. The rule on personnel records is the same as for other public documents ... unless the Legislature has specifically exempted an agency's personnel records or authorized the agency to adopt rules limiting public access to the records, personnel records are open to public inspection. There are, however, numerous statutory exemptions that apply to personnel records. Q. Can an agency refuse to allow public records to be inspected or copied if requested to do so by the maker or sender of the documents? A. No. To allow the maker or sender of documents to dictate the circumstances under which documents are deemed confidential would permit private parties instead of the Legislature to determine which public records are public and which are not. Q. Are arrest records public documents? A. Arrest reports prepared by a law enforcement agency after the arrest of a subject are generally considered to be open for public inspection. At the same time, however, certain information such as the identity of a sexual battery victim is exempt. \... Q. Is an agency required to give out information from public records or produce public records in a particular form as requested by an individual? A. The Sunshine Law provides for a right of access to inspect and copy existing public records. It does not mandate that the custodian give out information from the records nor does it mandate that an agency create new records to accommodate a request for information. http://legal.fim.edu/sunshine/faq .html Page 3 of 4 12/10/2002 Florida Attorney General '-' Q. What agency can prosecute violators? A. The local state attorney has the statutory authority to prosecute alleged criminal violations of the open meetings and public records law. Certain civil remedies are also available. Q. What is the difference between the Sunshine Amendment and the Sunshine Law? A. The Sunshine Amendment was added to Florida's Constitution in 1976 and provides for full and public disclosure of the financial interests of all public officers, candidates and employees. The Sunshine Law provides for open meetings for governmental boards. Q. How can I find out more about the open meetings and public records laws? A. Probably the most comprehensive guide to understanding the requirements and exemptions to Florida's open government laws is the Government-in-the-Sunshine manual compiled by the Attorney General's Office. The manual is updated each year and is available for purchase through the First Amendment Foundation in Tallahassee. For information on obtaining a copy, contact the First Amendment Foundation at (850) 224-4555. Home I News I Opinions I Consumers I Lemon Law I Crime Victims I Oµen Government Prosecution I Criminal Justice I Florida's AG I SG I Services I Jobs I Directory I Maps '--' '-' http://legal.firn.edu/ sunshine/faq .html Page 4 of 4 12/10/2002 '-' ~ \... The term limited cargo, as found in the 2002 Port of Fort Pierce Master Plan is defined as follows: A. Equipment and supplies used for the construction and/or operation ofthe Port of Fort Pierce. B. Equipment, supplies and vessels used by the megayacht industry located at the Port of Fort Pierce. c. Fruits and vegetables in 30" x 40" x 40" bins and related agricultural equipment and supplied transported aboard generally shallow draft vessels. The term limited cargo as found in the 2002 Port of Fort Pierce Master Plan does not include ships typically used in the transport of cargo containers, break bulk cargo or bulk cargo. Further it does not include the storage of cargo containers used in the shipping industry. March 13,2002 Policy 1.1.3 ~. The Port of Ft. Pierce shall determine whether to initiate actions necessary to acquire public ownership of those areas in the port determined to be in the public interest. Policy 1.1.4 St. Lucie County shall coordinate with the City of Fort Pierce, other affected local governments, the Treasure Coast Regional Planning Council and the Florida Seaport Transportation and Economic Development Council (FSTED). Policy 1.1.5 S1. Lucie County, operating through its existing and future legal authorities, shall initiate discussions with the City of Fort Pierce, with other public agencies, and with the private business sector to create the legal agreements, memoranda of understanding, and joint planning agreements necessary to implement the goals, objectives, and policies of the Master Plan for the Port of F1. Pierce. Objective 1.2 The Port of Ft. Pierce shall establish a general Port Planning Area boundary and a Port Operations Area boundary to provide elected officials, prospective investors, port facility developers, and the public a clear understanding of the physical location of the activities that could be accommodated in the Port of Ft. Pierce The Port Planning Area and Port Operations Area are identified in Figure A. ( ~ Policy 1.2.1 The Port of Ft. Pierce shall support development of commercial marine uses, such as megayacht construction and maintenance, marine research facilities, or expansion of tourist/recreational uses, depending on market conditions. Policy 1.2.2. The Port of Ft. Pierce shall support development of tourist, commercial and recreational uses in the northern third of the undeveloped port property. . Policy 1.2.3 The Port of Ft Pierce shall continue to support limited cargo operations in the Port Operations Area. Policy 1.2.4 Activities within the remaining Port Planning Area shall comply with the applicable State and County laws and the applicable plans and regulations of the City of Ft. Pierce or St. Lucie County. ( \..- 24 March 13, 2002 Goal 2 Port Activities '-' . The quality of life for St. Lucie County residents will be strengthened and maintained by enhancing the economic viability, attractiveness, environmental quality, and social benefits associated with activities at the Port of Ft. Pierce. Objective 2.1 The Port of Ft. Pierce should strengthen the economic development activities in the Port Operations Area by working with federal, state and local government, the private sector, and other interested parties to formulate an economic development plan by 2004 that will foster new jobs that exceed the County's average annual wage and enhance the community's prosperity. Policy 2.1.1 The Port of Ft. Pierce shall encourage the development, renovation and improvement of port facilities to maximize current potential, including rehabilitation and modernization of existing buildings consistent with the City of Ft. Pierce downtown redevelopment. Policy 2.1.2 ~ The Port of Ft. Pierce will continue as a deepwater port that will accommodate limited cargo operations. Gentrification of cargo areas shall be emphasized and flexibility shall be retained in the Berth 1 area to allow either limited cargo operations or marine industries. All such uses shall be consistent with the general mix of uses described herein and compatible with adjacent land uses and natural resources. Policy 2.1.3 \ Future public infrastructure improvements in the Port Planning Area will be made consistent with the Port Master Plan. Policy 2.1.4 St. Lucie County, working with federal, state and local governments, the private sector, and other interested parties, may provide incentives for jobs that exceed the County's average annual wage. Policy 2.1.5 The Port of Ft. Pierce, working with federal, state and local governments, the private sector, and other interested parties, will encourage port industries to develop job training programs and use the local workforce to the fullest extent possible. Objective 2.2 \.. The Port of Ft. Pierce in cooperation with the City of Ft. Pierce and other governmental bodies, shall assist in the development of high quality design standards to ensure that port facilities in the Port Operations Area are compatible 25 Jeanne Hearn 5051 Tozour Road Fort Pierce, FL 34946 FAX ifo: From: St. Lucie County Jeanne Hearn Board of County Commission Phone (772)462-1100 Fax (772) 462-2131 Date October 14, 2003 Pages 2 Phone (772) 461-7527 Fax (772) 468-8688 Re: Port of Fort Pierce I am attaching an article taken last week from the Palm Beach Post. It amazes me that St. Lucie County continues to waitand~l1ows this tremendous opportunity of the mega yacht business be lured elsewhere. If I recall, when the HaskellPlan was presented to the county the plan indicated a $240,000.00 per day positive economic impact for our county when in operation. Can we afford to sit and wait and wait and wait? It was my understanding that staff was looking into another attorney who could guide our county into a process that would allow this important area be developed in a favorable manner. Can we have a public update, at a County Commission meeting, as to what progress has been made on this issue or if the County has chosen to let this opportunity be lured away by other communities? JENNIFER PODls/StljffPhotOgra¡¡h~r Every mega yacht that came into South Ronda last year added more than $385,000 to the local economy. Here. a Palm Beach Boat Show endee admires a Riva berthed among the mega yachts. Mega. yacht industry floats money to S. Fla. By ALEXANDRA NAVARRO CUFTON Palm Beach Po$t Staff Writer FORT LAUDERDALE - Des¡:¡ite asiliking economy during the . past few years, ht business in South has not only stayed afloat, it's cruising. The:rvrarine Industries Association of South Florida and. the.. Broward Alliance anIlOµncedthe results of the stµdy Fridayatthe Radisson Bahia Mar hotel, the site of the 44th annual Fort Lau- derdale Boat Show later this month, where 230 mega yachts will be on display. With a $181.6 million impact at boatyards, $90 million in brokerage com- missions and $21.5 million in charters, mega yachts brought $293.1 million to South Florida last year. Multiplied through the local economy, that's a 16 percent increase over five years ago, when the study was first conducted. Mega yachts are at least 80 feet in length with low- end vessels selling new at See YACHTS, 8D ... Director says study 'blew our>minds~ .... YACHTS from lD about $500,000. They are a small seg~ ment of the boating com~ munity, but the stu(iyfo1.ttld that every a yacht. tþat came into Sou Florida last year added more than $385,000 to the local econo~ my. Altho suffered s b~gin~ ning in 1999 that. only wors- ened ,with the Sept 11 ter~ rorist attacks in 2001,th¢ mega yacht industry saw only a slight decline, said the study's author, Thomas Murray. "'We're seeing not only a recovery, but a continued expansion," Murray said. In ·2002, 1,400 mega yachts visited the three.. county area, up from 800 in 1997. Mega yacht charter fees were up 15 percent, l:uinging $143 million to chart~r com- panies in the three coµnties. And even though th~. av- erage expenditure related to mega yachts decreased from $236,000 to $140,000, of the total visiting yachts, 1,300 were serviced by businesses in the three.. county region. The study's results were a surprise to the Marine In~ dustries Association's exec- utive director, Frank Her- hold. "'They blew our minds," Herhold said. "Aftetthelast study, we knew the re$u1ts would be good because the economy was so good, but we really didn't know with this one." For James Bronstien, president of West Pahn Beach-based yacht builder and boatyard Rybovich Spencer, the study con~ firmed. his belief that the mega yacht business is healthy and growing. "I knew the number of rnegaxa.chts was up from a bOa-tyard point of view," Broristien said. "For us, 85 percent of our,. . boatyard revenue COXIles from the 12 percent of our customers who own mega yachts." 4Ð ale)u~lifton@pbpost.com .. , March 13, 2002 \... 2. Goals, Objectives, and Policies A revised vision for the Port of Fort Pierce was established in 1996 through a non- binding public referendum and charrette process, which shifted the intended general uses from exclusively cargo as per the 1989 Port Master Plan to a mix of recreational, commercial, and industrial uses. Since that time and through additional public workshops, this vision has been further refined to focus the industrial component of the mixed use port on marine industries, specifically the megayacht industry, and for such uses to serve as the anchor tenant at the Port of Fort Pierce. The port master plan more clearly defines this community vision, strengthens local control over the process, and provides flexibility to ensure intergovernmental coordination and the desired mix of uses. References to the "Port of Ft. Pierce" in the Goals, Objectives, and Policies shall be liberally interpreted to mean the appropriate local government entity charged with the responsibility for enforcing or completing the specific objective or policy statement. . '. Go.als, Objectives,' and Policies for Port of Ft. Pierce . ·f Resp<?nsibility for the Port The overall responsibility. for the management of the Port of Ft. Pierce is vested by law with the ~ St. Lucie County Commission and should be managed in the public interest of all the citizens of St. Lucie County. Goal 1 Objective 1.1 St. Lucie County, working with the City of Ft. Pierce, interested agencies and private property owners and consistent with the port enabling laws and the constitutional and statutory protections for the rights of existing private property owners, should ensure that the public interest and quality of life is protected when exercising public control of port property. Policy 1.1.1 St. Lucie County shall explore and consider all options for the management and operations of the Port of Fort Pierce in cooperation with the municipalities and local officials._ These discussions shall take place prior to December 2004 through either a task force or joint workshop of the elected officials. Policy 1.1.2 St. Lucie County shall maintain the necessary oversight of the Port of Fort Pierce to ensure compliance with applicable state law governing deepwater ports and to guarantee the financial feasibility of any publicly funded infrastructure within the port. \.-- 23 \, March 13,2002 Policy 1.1.3 ~ The Port of Ft. Pierce shall determine whether to initiate actions necessary to acquire public ownership of those areas in the port determined to be in the public interest. Policy 1.1.4 St. Lucie County shall coordinate with the City of Fort Pierce, other affected local governments, the Treasure Coast Regional Planning Council and the Florida Seaport Transportation and Economic Development Council (FSTED). Policy 1.1.5 St. Lucie County, operating through its existing and future legal authorities, shall initiate discussions with the City of Fort Pierce, with other public agencies, and with the private business sector to create the legal agreements, memoranda of understanding, and joint planning agreements necessary to implement the goals, objectives, and policies of the Master Plan for the Port of Ft. Pierce. Objèctive 1.2 \ \.,. .' The Port of Ft. Pierce shall establish a general Port Planning Area boundary and a Port Operations Area boundary to provide elected officials, prospective investors, port facility developers, and the public a clear understanding of the physical location of the activities that could be accommodated in the Port of Ft. Pierce The Port Planning Area and Port Operations Area are identified in Figure A. ( Policy 1.2.1 The Port of Ft. Pierce shall support development of commercial marine uses, such as megayacht construction and maintenance, marine research facilities, or expansion of tourist/recreational uses, depending on market conditions. Policy 1.2.2 The Port of Ft. Pierce shall support development of tourist, commercial and recreational uses in the northern third of the undeveloped port property. . Policy 1.2.3 The Port of Ft Pierce shall continue to support limited cargo operations in the Port Operations Area. Policy 1.2.4 Activities within the remaining Port Planning Area shall comply with the applicable State and County laws and the applicable plans and regulations of the City of Ft. Pierce or St. Lucie County. ~ ( 24 ... March 13,2002 '-" Goal 2 Port Activities The quality of life for St. Lucie County residents will be strengthened and maintained by enhancing the economic viability, attractiveness, environmental quality, and social benefits associated with activities at the Port of Ft. PierG~. Objective 2.1 The Port of Ft. Pierce should strengthen the economic development activities in the Port Operations Area by working with federal, state and local government, the private sector, and other interested parties to formulate an economic development plan by 2004 that will foster new jobs that exceed the County's average annual wage and enhance the community's prosperity. Policy 2.1.1 The Port of Ft. Pierce shall encourage the development, renovation and improvement of port facilities to maximize current potential, including rehabilitation and modernization of existing buildings consistent' with the CiW of Ft. Pierce downtown redevelopment. \ ~. .Policy 2.1.2 The Port of Ft. Pierce will continue as a deepwater port that will accommodate Ii~ited cargo operations. Gèntrification of cargo areas shall be emphasized and flexibility shall be retained in the Berth 1 area to allow either limited cargo operations or marine industries. All such uses shall be consistent with the general mix of uses described herein and compatible with adjacent land uses and natural resources. Policy 2.1.3 Future public infrastructure improvements in the Port Planning Area will be made consistent with the Port Master Plan. Policy 2.1.4 St. Lucie County, working with federal, state and local governments, the private sector, and other interested parties, may provide incentives for jobs that exceed the County's average annual wage. Policy 2.1.5 The Port of Ft. Pierce, working with federal, state and local governments, the private sector, and other interested parties, will encourage port industries to develop job training programs and use the local workforce to the fullest extent possible. Objective 2.2 \r The Port of Ft. Pierce in cooperation with the City of Ft. Pierce and other governmental bodies, shall assist in the development of high quality design standards to ensure that port facilities in the Port Operations Area are compatible 25 · .. March 13,2002 \. with the use of the surrounding area in the City of Ft. Pierce as downtown waterfront development. ¡-: Policy 2.2.1 The Port of Ft. Pierce, in cooperation with other governmental bodies, the private sector, and other interested parties, should develop and maintain aesthetically pleasing public port facilities and landscaping to encourage new and expanded business development. Policy 2.2.2 The Port of Ft. Pierce, in cooperation with other governmental bodies, should ensure that port facifitie.s are aesthetically compatible with newly renovated downtown Ft. Pierce and other adjacent neighborhood areas and in compliance with the City of Ft. Pierce regulations. Policy 2.2.3 Existing activities within the Port of Ft. Pierce Operations Area that are determined to be incohsistent witt! future uses of the port should be identified and removed through the negotiated purchase of property or business, code enforcement activities, private/public .' partnerships, grants, other mechanisms by the appropriate unit of government, ,or eminent domain. Objective 2.3 ( '-' The Port of Ft. Pierce, working with federal, state and local governments, the private sector, and other interested parties, shall maintain, increase, and promote marine industry and related scientific and commercial activities at the Port of Ft. Pierce so there is no net loss of marine industry. Policy 2.3.1 The Port of Ft. Pierce, working with federal, state and local governmental bodies, the private sector, and other interested parties, shall accommodate water-related marine activities such as megayachts, restaurants, hotels, tall sailing vessels, boat service and repair yards, marina facilities, and related service activities within the Port Plånning Area for the benefit of residents and visitors to the community. Policy 2.3.2 The Port of Ft. Pierce, working with federal, state and local governmental bodies, the private sector, and other interested parties, shall accommodate water-related marine activities such as megayachts, marine research vessels, tall sailing vessels, restaurants, hotels, and related service activities within the Port Planning Area for the benefit of the residents and visitors to the community. ( '-' 26 \., '--' ~ l The term limited cargo, as found in the 2002 Port of Fort Pierce Master Plan is defined as follows: A. Equipment and supplies used for the construction and/or operation ofthe Port of Fort Pierce. B. Equipment, supplies and vessels used by the megayacht industry located at the Port of Fort Pierce. c. Fruits and vegetables in 30" x 40" x 40" bins and related agricultural equipment and supplied transported aboard generally shallow draft vessels. The term limited cargo as found in the 2002 Port of Fort Pierce Master Plan does not include ships typically used in the transport of cargo containers, break bulk cargo or bulk cargo. Further it does not include the storage of cargo containers used in the shipping industry. ~ " .. ~ ~ ~ gju.f::m u Q ~ -< ~OØt; m ~ bo (1)i-Wf-1 ~ ~ g~ ~~~~ ø.. ~ Z ~ ~~~fà ~ < g¿~ 0 o~ .m ~. u.. o:J ~ ~~ II,¡ ~{I) ::J o ~~ ~ ~ ~~ œ ~~ ~~u~ ~ (¡') ~~ ~f-<~ Z o ~ _ 0 ~ ;3~ 8 u ~ ~f-o :u:! ~~ ß~ ~~:J 8Ct:QO !J.I u N N0C( ~ f¡I'J~ ~;J"'¡o ~æ ::>~ b~LU ~.- r.::; ~ " o~ ~~ ~tI:IU') ~8~ u..~ >(~[3 ~ a:u ~ fd~ {,f,Ic::( ~§ (1)0 b ;> ~~ð~ rJ:)tI.. ~ fJ.. ~~~ :Ju.. ~~ 12~~~ {I'} 0 ""0 æf-4 VJ~Q rn¡n< f.Lt ~~ <f--t ~~~ ~~b4~ ~ t~ (1)< ~~ ~L~ Qtn-(E- , ~~ ~cY CI~~tI.) ~~ ~§~m ~t5 ":9 ~~~ U¡.J~~. ~ ~u g¡)< ~8 J~ ~~I ~~gC>! \... ~ b d~ ~ ~m t'1~ ::J~~~~ SC~ ~8~~~ ~ aø.. ß*~ ~o tf<o . f.f1 c.. ~ ~ ~ u ~~ð8~ ~ ~ \-. \w \. .'" March 13,2002 Policy 1.1.3 The Port of Ft. Pierce shall determine whether to initiate actions necessary to acquire public ownership of those areas in the port determined to be in the public interest. Policy 1.1.4 St. Lucie County shall coordinate with the City of Fort Pierce, other affected local governments, the Treasure Coast Regional Planning Council and the Florida Seaport Transportation and Economic Development Council (FSTED). Policy 1.1.5 St. Lucie County, operating through its existing and future legal authorities, shall initiate discussions with the City of Fort Pierce, with other public agencies, and with the private business sector to create the legal agreements, memoranda of understanding, and joint planning agreements necessary to implement the goals, objectives, and policies of the Master Plan for the Port of Ft. Pierce. Objective 1.2 The Port of Ft. Pierce shall establish a general Port Planning Area boundary and a Port Operations Area boundary to provide elected officials, prospective investors, port facility developers, and the public a clear understanding of the physical location of the activities that could be accommodated in the Port of Ft. Pierce The Port Planning Area and Port Operations Area are identified in Figure A. ( Policy 1.2.1 The Port of Ft. Pierce shall support development of commercial marine uses, such as megayacht construction and maintenance, marine research facilities, or expansion of tourist/recreational uses, depending on market conditions. Policy 1.2.2 The Port of Ft. Pierce shall support development of tourist, commercial and recreational uses in the northern third of the undeveloped port property. . Policy 1.2.3 The Port of Ft Pierce shall continue to support limited cargo operations in the Port Operations Area. Policy 1.2.4 Activities within the remaining Port Planning Area shall comply with the applicable State and County laws and the applicable plans and regulations of the City of Ft. Pierce or St. Lucie County. ( 24 March 13,2002 '\-, Goal 2 Port Activities The quality of life for St. Lucie County residents will be strengthened and maintained by enhancing the economic viability, attractiveness, environmental quality, and social benefits associated with activities at the Port of Ft. Pierce. Objective 2.1 The Port of Ft. Pierce should strengthen the economic development activities in the Port Operations Area by working with federal, state and local government, the private sector, and other interested parties to formulate an economic development plan by 2004 that will foster new jobs that exceed the County's average annual wage and enhance the community's prosperity. Policy 2.1.1 The Port of Ft. Pierce shall encourage the development, renovation and improvement of port facilities to maximize current potential, including rehabilitation and modernization of existing buildings consistent with the City of Ft. Pierce downtown redevelopment. Policy 2.1.2 \.r The Port of Ft. Pierce will continue as a deepwater port that will accommodate limited cargo operations. Gentrification of cargo areas shall be emphasized and flexibility shall be retained in the Berth 1 area to allow either limited cargo operations or marine industries. All such uses shall be consistent with the general mix of uses described herein and compatible with adjacent land uses and natural resources. Policy 2.1.3 " Future public infrastructure improvements in the Port Planning Area will be made consistent with the Port Master Plan. Policy 2.1.4 St. Lucie County, working with federal, state and local governments, the private sector, and other interested parties, may provide incentives for jobs that exceed the County's average annual wage. Policy 2.1.5 The Port of Ft. Pierce, working with federal, state and local governments, the private sector, and other interested parties, will encourage port industries to develop job training programs and use the local workforce to the fullest extent possible. Objective 2.2 ~ The Port of Ft. Pierce in cooperation with the City of Ft. Pierce and other governmental bodies, shall assist in the development of high quality design standards to ensure that port facilities in the Port Operations Area are compatible 25 --! Subj: FW: FY11 Ocean Port Martna Receive. FIrst Approvals Jate: 10/21/038:37:56 AM Eastern Day tight Time =rom: RitaWQFraseryachts.com (Rita Watkins) ro\..,. any@aol.com (John Patry (E-mail», wmikerod@wortdnet.att.net (Mike Rodefer (E-mail) FYI ·.............our original charette concéØt..... .................... ~ínal Message-- From: Oa'9 Tafoya Sent: Tuesday, October 21. 2003 8: 19 AM To: RG VVatkil$ Subject FW: F'f 11 Ocean ~rt Marina Receives Firat Approvals Ki'I,*t regard., O'aQ TafOya r11lser Y äëhts 'l\brt1w ide í954) 463-0ô00 Tel (954) 763-1053 Fax (954) 328-8203 Cell ---Original Mes$8Qe-- FrOtlt Sha.,a Arnstutl: [mailtc:shana@adventutest\.ldios.com) Sent; Monday, Octcber 20, 200310:01 AM To: Craig Tafoya Subject: FY11 Oœan R'JrtMarina Receives FirstApprnvals <~.netlon.jsp?t"1 011169087388.1 01116923A&44&o=nttp:llccprod.fOVing. corn'rovingfin'Rges/p1x1.gif> This 1$ a peeNo-peer cOl'l1nlnication: 10 receive no further news, unsubscrme betow o<;h~:/lwww.advenWrE!Studios.com.oceanportlimages/oceanpor1banner.gif> For tlere t1formatiOn Call 800.525.2905 extension 55 Media Contact Pletissa V\A!liss 618.706.2128 For mrn¡)( iale Release oceAN PORT MARINA RECSVES ~LA~AL FROM CANAV~L PORT' ca.MSS1ON INS-o VOTE . New Florida Marina Rscreation Facílity to be ClJvétoped by Adventure Studios and Hllttaw ayJStarr Partne~hip WlI Become one of the Largest Full-Sèrvice luxury Yacht Marinlil$ in Southeast U.S. PORT CAN&.VERAL. Aorida, October 15,2003 M Oceen Port Marina. LLC announced today the conceptual approval of O:ean Port Marìns, a nwjor waterfront recreetion faciity to be located at Port Canaveral, Rorida. Ocean Port received it¡ conceptual approval ¡n a 5"() vote from the ~ Canaveral Cormission at its monthly Port CormissÌC)n heamg. Ocean Port Marina is a venture of Adventure Studios. a california recreation development COO1)8ny and HattawaylStarr Partnership. a partnership of local Cocca Beach entrepreneurs David Hattaway and David and Kay Starr. ·We are very appreciatllle of the Pott's expeditious handing of OUf project approvals, ø said David Hattaw ay, a partner with Ocean Port r.ttrina. " We Intend to dewsr a project at Port Canaveral to match the quality expectations of the port.. which by the and of next year may, for the first tine, exceed Mam as the w ortj's largest cruise sh~ passenger port. " As... )ved by the Port Corrrrission, Oc8an Port Marina w iI be one of the largest marine recreation facilities in Florida. At buildaut, Ocean Port win IncnW T........ 0cI_ 21. 2003 ,,-'... Cntln." ,¡vu>a..., "'.1 1 1ØØ'd d91:6ø 6121/21:/6121 \..,- .220 wet. for refit "no 581e. ranging from.so to ITIOI'e than 110 I:neal flM!; w ~ overnight acCorrod8tÞns for 1ho w OI'Id's, largest yacht:¡; -1,000 dry stack storage alf;s for srrøller crafts, ranging in size form 25 t:) 50 lineal feet in size; . A waterfront corrrrer~1 area, including retaìl, re$l.atJtSnt5, enlertalmBnt. as w.! as "lan. servìces. and charter operations $upport'ng the boating ind ustry; · High søeedlhigh cap.city fuel dock$; . Ful-YlVir;e ~men~.. and euøpott to bOIIt ow netS, crew, and support induGtry ranging fram rmr,tenanço and repairs to Oroker3Qe offices and concierge servicæ 10 the dockS. "We're \181)' exc:lIIÞd 10 be un de,.", 8Iy w it!'t Ocean Fbrt lIoIIrira," said Con 8redÞerg, CB:) of Los Angeles-baaed AdVenture Studios. a pro¡ect partner. 'We're a big believer in niche areas of the recreaten and leisure waines., and the regienal UI1der$upply of IIiIrger w et slipe gives U9 a great potential c.... tctrer base out the gate. "~vlously, In. fact the w. have rate, rn8nn'11de, deepwater already a\lliable 10 us, i aJows us logo after thelargesl of yacht:$ as the marloet herø rrEl1ur8$," said David Starr. an Oeeen Fbrt t.tIma partner. " Having drect acc;ee& to the Atiànlic Ocean, and a drive-time of just over 30 mnutes to 01111'.:10 hternaoonal Airport, gives lIS some great additions I c:~e advantages tg go after that base ( Florida and East Coa&t boat <Ni ners." A~ ~waylSlarr Partnersh!ø Cccoa Seacn-ba&ed HllttaWay/Sta" Rattner$h! ) is \tie lateSt business collaborlltiOn of David Hattaway and C8vid end Kay Starr. The pan:'I8r$ have operBled businesses logell.,. fer rft)I'4".n a dKade, primarily "CCysi1g on their highly succeufully Qéluilsr telephone dl$\ribl.ltorship w It" T-Mobiie w hieh they sold irI 2Oxx. OIIvid ~ ay is a general contractor and long-tint ",erial' entrePreneur. t'laving started, operated, and sold business!!. inVo:ved irI heavy construction. custom homø construction, and I¥ge sl.Ibdivision developrrent. and a regional eeiJutar t9Ie )hone busi1ess ¡in 8Mocialion 'III iIh David Starr). ")avid and I<a}I Starr continYe to inveet and entrepreflltur new fechnolcgieß. particuiarly in tl'1e cellular IItIBphon8 area. DaIIC Starr h~ds a dcr.lcrate in ~anCflÓ $d~1i0l'\. I:'.evid Hatlaw BY and the Sta"'s reeidl!! in Cocoa Beech, Florida 81'.:1 act as pri1cipal\ocelliaison to the Canaveral ~rt Autho~ on betla' of Ocean Fert NBrina. LLC. Abo\.I! Aoventure SbJdios~ Adventure SIudìos4l> operata! in \t1& destioa11on leisure ¡ndust/)' al a t\;mkey design.builcl-operator of recrealoo and emørtólll'1n-ent facflì:ies. The CM'øany excels In "Creating Great FIaces. Greet MorI'Bnis, !lod Gnlat Mtrroriee te \tie Lives ( its Guests.·U Adventl.lre SIUdIOS brings a dillers1'ied leam to P1ac..b8t.4Iè 6r\terteinml!lnt, ørOYidng tI1e "Total S<perenc:e," including theatrical production, sttre.ctione design, INe events, architectural des~n, leasing. eonst/'uctIon, media prodUCtion and dlt.tr!b\.ltion profeuionala. ~ny founder Conald Endberg at one tmI hem,d tn. CityWratk Rolout Prcgram for LWlnn,rsal $tWiOs ~Teation Group. F\1or to UnIversal SbJdiot. Br~berg directed the rTlJltÞ-r>ilicn·dolar real estate end hospitality portfolio of New fJeId Ent&rprÌGM International, a major offshore investment groU ). At one time, he dintct8d al marina al1d real estete operatiOns for Newfield, the largest docks and cOrm1!lrcilll property !Nt net at Marina del Pøy (California), \tie world's largest manrrøde s/TBllocraft harbor: For More hfotmatlJn For rrore informeticn about Ocean Rlrt Marina, plea.. eontaCt Ocean Fort Mlri1a's sales office at 800.525.2905 extension 55. ttIO#CRLFf <h~:lIccprod.roving.C:OI1Ýravinglsalfw If .jsp?1TF1 000864492938&ea-craigt@fraseryachts.~orrß8·1011169Oð73e8> F':KW ard emaï <ht\ø:llccprod,rOVirlg.convroving/C.jSp?p:zun&m-1000e6<W92938&u-craigl%4Ofraseryachts.COm> SafeUneubscribe('TM) ThIS CImIIII was sent to era igt@frllseryac!1t&.com. by Adventure StudIo3 ~...tIon Group, Uødlte yOlK profile ~:IIcc:prod.roving.çerrlrOýingd.Í5P1øKOo&fn¡¡1 000884492938&øa"'CraIgt%4OfraseryBchts.co~ !natant removal with Satellt-. ub8t:rbe ''http://eeprad.TOYing.C:om'rovìOQld.j'lP1p:un&l1l'''1Q00864G2938&et1-craìgt%4otraseryach''.cOrTP (tm) I Pl'ivacy Poticy <htIp:llccprod.rov Ingcom'rovingl~açyPQIiçy .jsp> . P:M ered by <http://Www .constantcoMactcom'ìnôtx.jap?ccztccst> Constant Con1ac1 \.- He-.ders ".-.,,~21,~ _Oftlft"'.M.PIny '"""" ~ zeø'd d9t'e0 eø¡Zl.'SeJ "- 1 '-' MEMORANDUM TO: FROM: ChiefDeputyGarry R. W*~ . ~I\ tit! plJ I DATE: Octoberl. 2003 L \ Q , ~ ~ ~ I~;~ ) l (' S,UBJECT: E~o:cement ~f ~ridge Openings ~ . ~.' ~p Îì? f( Based on your request dated September 5, 2003, Sergeant Don Spivey, supervisor of the Marine Unit, gathered the attached information. . Should"you have any questions with regards to this memorandum, please feel free to contact me. '. ¡J/ld / ¿ l(.,p ':-~ .p1 , ;, ¡Z¿/fl ~ ~ ,¿'" / /ÞO ¿.. ,¿, ~b>e.r /' ' 0"'/ ?l'p þ"" ¡{/!)c.-,o"J, ,ÁJ 6 f:.-^' ø /J J. ts \... - AttachmeIÌt -- ..~; ') \.... íl'~ R r,;:; p r 1''' R r !! 0) r!i..1Lß_U~~/-1l , ~ ¡ "" \ . ! i :! i : : ¡ ¡ OCT - 2 '\'"10') ; ! Ii I Lv.)·J 1..../ l__....._ .. CC /,.,- '--'---"-'.- - _. ..'~_,_ ...__u , \..; \.... \...- MEMORANDUM ·c~ ~~~ (utf:1 DATE: September 30,2003 TO: Captain M. Monahan Patrol Operations Division FROM: Sgt. D. Spivey AviationlMarine ~SUBJECT: \ County Commissioners request for information on bridge opening , ./ . - '\ I 'am in receipt of the letter to Sheriff Mascara from the Board of County Commissioners, date.d September 5, 2003. In the letter they asked for any assistance the Sheriff's Office could give in regards to requests from boaters for opening the north bridge to Hutchinson Island. I cöntacted the Coast Guard, since they have responsibility for inland waterways and the boat traffic on those waterways. I was directed to Commander Barry Dragon, who is directly responsible for bridges in the South East United States. Commander Dragon told me that he in fact does have operatiorial control for the opening of drawbridges. However he said that as a general rule bridges are required to open a minimum of twice per hour if boat traffic needs to go through. He suggested that if tþ:e bridge opening is of concern, the Fort Pierce Harbor Advisory Committee can address the problem by sending a letter of complaint to him. Once the complaint reaches him, he conducts a preliminary check of the bridge opening logs. If that preliminary check shows the bridge actually only opens an average of twice per hour, then that is the minimum required by present regulation and nothing further is done. If the preliminary check revels more openings than the minimum twice per hour, then a one year study can be done. He said that study takes a full yew to complete and includes a survey ofthe normal traffic flow, traffic signals, -~ and number of vehicles using the bridge. Commander Dragon said the number of crossings would have to be between thirty to forty thousand per day before restrictions are likely to be implemented. If that study finds the number of openings excessive and that serious traffic delays are occurring, then a Notice of Proposed rule making is published in the National Register and a period of time is allowed for public comment. The rule making, publishing, and public comment process takes approximately six months. The whole process can take eighteen months to two years from the time the complaint is received. While I understand the frustration of waiting for a bridge to close, the Sheriff's Office has no responsibility for, nor authority over the opening and closing of the bridges. There are no laws, ordinances or regulations the Marine Unit can enforce against boaters who request the bridge be opened so they can pass. The proper procedure to address the problem would be for the Fort Pierce Harbor Advisory Committee to contact Commander Dragon. His address is: Page 1 of 2 , \.. ~ ~ Barry Dragon, Commander (OBR) United States Coast Guard 909 S.E. First Avenue. Rm. 432 Miami, Florida, 33131 I hope this information is of some use. Prior to sending this memo to you, I spoke with Deputy Greenwell. I had given the original memo to him for action last week. This past Thursday he spoke with County Administrator Anderson. Mr. Anderson will be riding with Deputy Greenwell sometime in the next two weeks with the intent to monitor the bridge opening. ,/ - "\ '. -- ,..;' ') Page 2 of 2 \.., BOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON ~ September 5, 2003 ( Sheriff Ken Mascara \4700 West Midway Road ./ \ \ Fort Pierce, FL ~~81-4825 . ~h£~ Dear S~ .....ascara: Re: Enforcement of Bridge Opening Regulations ~ .. The Fort Pierce Harbor Advisory Committee has asked that I contact you regarding enforcé1;l1ent of bridge opening regulations. The Committee is conc~rned about the impact of imprope~ requests by boaters for bridge openings on traffic using the north bridge to Hutchinson Island.. Anything your office might be able to do to assist the FOOT bridge tenders in this regard would· be most appreciated. Thank you for your assistance in this matter. Sincerely, -- DMAlab Copies to: ') Board of County Commissioners Harbor Advisory Committee County Attorney Assistant County Administrator ,.,,;1 2.300 Virginia Avenue · Fart Pi FAXC i~\\ ~ \Y\ (\L, P L ê ti-SE I-\.~ ¿ L o c) V- XtJ '("b \~~2J~E ~\-~ \ (/j O\..q~03 0.5 \.r JOHN D. Of\UHN. Disrricr No.1· DOUG COWAf\D. Disrr Ql:Ju Îñrn II r II InrI/." ,'J~.f-t, . ............. .... . .........., \...r ~ COMMI551oN!:Aa CA~~ C. YOcn cÞiAIR 111"111.1\/11\1' OOIJNTY CHAM" R. 'AUl.1CMJI VIOCoCHAIR I"lAtI\;~A COUN"IY CflAY'C£ IC. e/"'CK 11Œ.UV,..1 VOUI8I" CO\.ffTV GAIl.... O~ n~.u!Y "'AAT",~ SUSAH ... tHOu: DIIOWAAo CCU~ KEllH£TH 1'\ HOPFIWI - AI'oItR COUNTY CtWILI!S" ~""' Sf. ./OOfN& COUNTY JOMN D. 8ol1Jt ~AUoII"AÇH couotrY \., IItÇHAli1. D. I/IESIANO DIroIl I;OUHTY "ERRY".SAN~ 9REl/AAo COIiHTY OIiORI;J L KAVANAOt« ST.t~OO\JNn ÐA.V1ø It. AOA~ i:ncll'nl!1; I)IREC1~ IIWIIC T. CAOel.I!T "ssrarlllfT ~)(fCUTlvt: DIRH:TOI'I JUJU£."'t\rt'UV , G~pwç~·~w w.~~' M I ewe- I J c ~ 6 oeva &-Sj Gu~ G.xMMl <;S¡Õ\\e-ó .;i ~ OU~ fh-Ju\.~ò0 FLORIDA . INLAND NAVIGATION DISTRIC I 'f ~ ~ September 26,2003 .. VIA FAX ONLY 6ý í)() ù uJ-M T Jf1 ~ T Pie -n:t i-MI\ L'1,'l Mvìso~ To: From: Subject: Shailc:sh Patel\t-t ,.t)~ David Roach V-- Taylor Creek Dredging This memorandum will metnoria1izc our conversation of this date concerning the Taylor Creek DredgiIJg Project. The District's Board has reviewed and approved the entire dredging project as well 88 approved the project for multi-year funding. The first year of that funding is currently in the District's FY 2003-2004 budget awaiting the receipt of the environmental permits. Once the permits are obtained a pfojtct agreement will be executed and funding will be allocated to a specific expense account. As J mentioned and you are aware, the District has never. in the 17 yc::ars of our assistanc~ program, failed to meet our conunitments to any phased assistance project One of the primary reasons that We provide assistance funding for waterway improvement projects is to ensure that a compJete project can be built by the local govenunent so our mutual constituents wi1l receive the maximum benefit. The District's primary interest in thi5 project is the removal of the sediment load that current exists in the creck extending upstream. to the water control structure. This sediment has been documented by District studiGS to be migr.tting into the J ntracosstal Waterway channel. These sediments are causing shoaling in the JCW channel that is currently intetfering with safc navigation. Prior to initiating maintenance dredging of the fCW channeJ the District wants to participate in the removal of BII of the upstream sediments in Taylor Creek. This will ensure that the Distr:ict oan ~fficiently and effectively meet our primary agency responsibility regarding tòe maintenance and operation of the Intracoa~tal Waterway. Our secondary interests in this project arc for the improvement of the water a.od sediment quality in the Indian River Lagoon and fOT navigation improvements in Taylor Creok. Rest assured that the [ District witt be 8 partner for this entire project. P)easc feet free t~ share this Jetter with any ;n~sted parties. \.. "DMlNIG-TAAIIIII! OF'Flcr ON 1.,t: INTnACOASIAL WAIr:"IW4Y IN p~ III"I\CH COUNty ':lI~ I.IARCItfsK"![)An, ..fI.f>lTElI, ~~OR DA »1".""111 m tPHONc Ylo4i~7-3:sð6 I'A)( No ~ 1..c:z4-4i~ --.lIicw.Ofg ., "" A . '-' FORT PIERCE HARBOR ADVISORY COMMITTEE MEETING ADDI-r,IONS AGENDA \ ~ \..- ").. -), FRIDAY, JULY 25,2003 3:00 P.M. '. CONFERENCE ROOM #3 " " " 1. Jointparticipation Agreement (JPA) between St. Lucie County and the Florida Department of Transportation (FDOT) to provide funding to the Port of Fort Pierce for land acquisition activíties and a planning study. FDOT's contribution is in the amount of $472,000 towards an estimated total project . . cost'o! $944,000 - Staff recommends approval of the Agreement. ,.. ,... \.- \. \... .. . '35457778'32 MODAL DEIJELOPEMEt'-H PAGE 02/02 ~r/23/2003 15:08 PM NO. ~15086~1-94-Qt CO~'TRACT NO. EXHmIT "An PROJECT DESCRIPTION AND RESpONSIBILITIES . 'This exhibit fotm!l<-&n i~egral part of that certain Joint participation Agreement between the State of F1oridà, -Department of Transportation arid St. Lucie County BCe - Port of Fort Pierce. dated .~ PROJECT LOCATION:· " St. Lu~ie County, Florida PROJECt' DESCRIPTION: The purpose of this A¡rœment is to pto'V1de fuilding to We Port of Fort Picroe for }Ilnd I1cqwition activities and planning study for development of the Mega Yacht Jndmtry. ",J./ SPECIAL CONSIDERATIONS BY A.GENCY: The audit report(s) reqùired in"paragTaph 7.60 of the Agreement shall include a schedule of project assistance thát will ref1ect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount ofstate funding action (receipt and disbursement offunds) and any federal or local funding action and the funding a.ction from any other source wìth respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: The Department has 10 days to review invoices after receipt of invoice package and corresponding progress report. \....- '-' . - . . 01/23/2003 13:57 9545777892 MODAL DEVELOPEMENT PAGE t13/04 \' '), EXHIBIT "B" PROJECT BUDGET FM NO. 41S086-1-94-0J CONTRACT NO. This ~hibît fonns ~n integral part Qfthat certain Joint Participation Agreement between the State ofFloridå, Department of Transportation and 81. Lucie County Bee - port ofF art Pierce. dated / : "- 1. PROJECT COST: $944,000.00 Expenses re1áted to land acquisition activities a.nd planning study. n, PARTICrPATION:' Maximum Fedem1 Participation FTA, FAA 'J ..- Agency Participation . . In-Kind Cash - ,.. Other Maximum Department Participation, . Primary (DS)(DDR)(DIM)(POR1)(TOP) Federal Reimbursable (DU)(CM)(DFTA) Local Reimbursable (DL) TOTAL PROJECT COST ( %) or $ ( %) $ ( SO%) or $ 471.000 ( %) $ ( 50%) or $ 472.000.00 ( %) or $ ( %) or $ $944 OOO.OO , '. Ð1!23/2003 13:57 '--' 9545777892 MODAL DEVELO?EM~¡T PAGE B4/04 FMNO. -115Qª.fi:J.:94-01 CONTRACT NO. \' EXHIBIT "Ct! ~ This e.c.bibit fonns ~ integral part of that œrtain Joint Participation Agreement between the State of FJorida,'Departrnent of Transportation and St Lucie County BÇÇ - PLltt orEon Pierce. dated: J "- Reference statues as applicable. Chapter 311 .r DOCUMENTS REQUIRED TO BE SUBMI'trED TO THE DEPARTMENT BY THE AGENCY IN ACCORDANCE WITH'THE TERMS OF THIS AGREEMENT: 1. \.,.. 2. 3. 4. 5. \. ",.!_r All proposals, plans, specifications, and 3rd party contracts covering the project for . ,.. Departmental approval. Copies of all correspondence related to this. project. Audit Reports as described in Section 7.60 of this JP A Quanerlv Pro~ Reøom rovi~d wit"i" 'him (301 davs of the end tif tfls Illlørler. Three (3) original Invoice Summaries and backupmfonnation must be submitted to the District Office when requesting payment. . . Application Manager Page 1 of2 ~ I SeaCIP Online - Ports Module <;".11'"'1' C.lril.1J J ", ~' r tI \ to HI to niP 1 (\ C r ,I HI Port of Fort Pierce Logout Manage My Account Home I Application Manager \ Project Managor c:; urrent App IIcation tNn.;c~~.I.,·~þ'lc.tlon. Pr.vlou.Äppll~.t~olj·.- . ',Mr Douglas M. Authorized Anderson Tel: 772-462-1450 Representative: Port Director Te12: 772-462-2130 / St. Lucie County BCC Fax: 772-462-1648 - Administration Email: doùga@co.st- 2300 Virginia Avenue lucieJl.us Fort Piercé, FL 34982 Status: SUBMITTED (07/22/2003) P"'I u " PROJECTS Port Project P . tN· FSTED $ Previously Projec No. 2J rOJec arne Request Approved Status (j 2004 - 01 Port of Fort Pierce - $6,000,000.00 YES ", Acq uisitio n/Deve lopn'i ent .~-! -' FILES LIBRARY File Date Uploaded Share Action File Namè File Description with '--' Size Uploaded by FPC? ,.. m ~ 5yrCIP.xls 5 Year C I P 20.48 7/21/2003 Douglas r- Kb Anderson ~ B- 343.88 Douglas m port _fsted. pdf Planning/Operations 7/21/2003 r- Area Kb Anderson ·m ~ port_fsted _elu.pdf c - Future Land Use 369.18 7/21/2003 Douglas r- Kb Anderson m ~ port _fsted _railroad .pdf E - Roadway/Railroad 216.31 7/21/2003 Douglas r- Access Kb Anderson m ~ BrumbergLtrPg 1.doc BrumbergUrPg1 31.23 7/22/2003 Douglas r Kb Anderson m ~ BrumbergLtrPg2.doc BrumbergLtrPg2 19.97 7/22/2003 Douglas r- Kb Anderson Update Files Library File to Upload II Browse.;. I Upload File File Description ~G4t= Support '-" Copyright © 2001 Florida Ports Council. All rights reserved http://www.flaports.org/seacip/members/AppManager.cfin ?nocache=0.202942 79 7/22/2003 , . \.- FLORIDA SEAPORT TRANSPORT A TION AND ECONOMIC DEVELOPMENT PROGRAM PROJECT APPLICATION \ PART A APPLICANT FORT: Port.ofFort Pi~rce - AUTHORIZED REPRESENTATIVE: , J - : NAME: Mr Dou21as Anderson TITLE: Port Director- TELEPHONE: 772-462-1450 .. FAX: 772-462-1648 ADDRESS: St..-Luèie County BCC - Administration E-MAIL: dou2a(ã)co.st -Iucie.fl. us 2300 Vir2inia Avenue Fort Pierce FL 34982 , PROJECT NAME: Port of Fort Pierce - ACQuisitionJD'evelopment PORT PROJECT NUMBþ:R: FSTED PROGRAM FUNDING REQUEST: ,- 2004- 01 (X ) PHASED . $6,000,000.00 for FY2004/2005 . - Has project been previouslý approved by the FSTED Council? YES X NO - (If yes, please indicate previous project number(s) below.) Project Number(s): . Has project been'modified since last submitted for FSTED Council review and approval? YES X NO - If yes, please identify the nature of modification below. Provide details on additional sheets, if necessary. You may wish to highlight those parts of this application which have been revised due to the modification. _ Project Name _ Project Phasing _ Increase in Funding Request XChange in Scope _ Transportation Impact _ Economic Impact _ Other (please describe.) This reQuest is to include development ofthe property, not just aCQuisition. * If this project has been previously approved and not modified, please ensure that all information included in this application is current. MS WORD \...- ~ FSTED FORMS - FORM- FSTED-l fnjl 5/22/01 · . PORT: PROJECT NUMBER: PROJECT NAME: \.... FDOT DISTRICT: FSTED PROGRAM PROJECT APPLICATION Port of Fort Pierce 2004 - 01 Port of Fort Pierce - ACQuisitionlDevelopment District 4 PART B _ PROJECT DESCRIPTION AND MEANS OF FINANCING PLEASE PROVIDE DRAWINGS ÖR MAPS THAT snow THE RELATION OF THE PROJECT TO THE PORT AND THE LOCAL COMMUNITY. PLEASE IDENTIFY CLEARLY THE PORT PROJECT LOCATION. (Note additional map requirements in Part C-IIA and Part E - lA, IB and IF.) :,,/' * " .!-" ~ ,... \." 2 of8 FSTED FORMS· FORM· FSTED - 1 /nj! 5/2210 I . . PORT: PROJECT NUMBER: PROJECT NAME: ~ FDOT DISTRICT: PART B-l- NOT PHASED PROJECTS ONLY (DO NOT COMPLETE PART B-1 FOR PHASED PROJECT REOUESTS - USE PART B-2) FSTED PROGRAM PROJECT APPLlCA nON Port of Fort Pierce ~004 - 01 Port of Fort Pierce - ACQuisition/Development District 4 Estimated Total Cost of Project: \ $12,000,000.00 Amount of Funds Requested from FSTED Program for FY04/04: $6,000,000.00 Amount of Port. Matching Funds: ~ ~6. 000.000.00 . Source(s) of Port Matching Funds: Operatinl! RevenueslBorrowed Funds (i.e, operating revenues, capital funds, borrowed funds, etc.) If Applicable, Source(s) and'Amount(s) of Other Matching Funds: \I Source(s): (i.e., ACOE, other fed~ral funds, private sector, etc.) - .. Amount(s): $0.00 $0.00 ~ ~ DESCRIPTION OF WORK TO BE DONE IN THIS PHASE: t For Port Develonment and/or the Develonment ofInfrastructure. The Acauisition of Port Property for the Develonment of a Me!!a Yacht Facilitv. 'J " ~ Estimated Total Cost of Project from Start to Finish: Estimated Total Cost of this Phase: Amount of Funds Requested from FSTED Program: Amount of Port Matching Funds: Source(s) of Port Matching Funds: (i.e, operating revenues, capital funds, borrowed funds, etc.) If Applicable, Estimate Total Amount of Matching Funds from Other Source(s): If Applicable, Describe Other Funding by Source(s), FY, and Amount(s): (i.e., ACOE, other federal funds, private sector, etc.) TOTAL: $12.000.000.00 $0.00 $0.00 so.oo 0.00 PART B-3 A TT ACH A COpy OF PORT 5- YEAR CAPITAL IMPROVEMENT PROGRAM - 2004/2005 - 2008/2009. '-" 3 of8 FSTED FORMS - FORM· FSTED - I /njl 5/2210 I · . PORT: PROJECT NUMBER: PROJECT NAME: \... FDOT DISTRICT: FSTED PROGRAM PROJECT APPLICATION Port of Fort Pierce ~004 - 01 Port of Fort Pierce - ACQuisition/Development District 4 PART C - PLAN INFORMATION Department of Community Affairs \ The Department of Community Affairs (DCA) will be reviewing each project for consistency, to the maximum extent feasible, with the applicable Port Master Plan and Local Government Comprehensive Plan (LGCP). The following information must be provided for each project for DCA's review. I. ST A TEMENT OF' PROJECT <::ONSISTENCY WITH PORT MASTER PLAN AND LOCAL GOVERNMENT COMPREHENSIVE PLAN: Attach documentation indicating that both the Department of Community Affairs and the FSTED Council have curren(updated Port Master Plan. If an update to your port master plan has resulted in a local government comprehensive plan amendment within the past twelve (12) months, you do not need to answer Questions B or D in Part I, nor Question A in Part II. " ~ A. Explain why the project is"'consistent with your most recent Port Master Plan? ~The proposed project calls for the improvement/development of the necessary infrastructure to support the landside development/operation activities at the Port of Fort Pierce. The requested funds would be used to im rove the roadwa access into the Port area outherl access routes from SR A-1-A the im rovement of necessary utilities to meet property owners/tenants requirements and the provision of necessary public berth facilities as ma be re uired bas eéific owner/tenant for the develo ment of a Me a Yacht facilit . B. 1ndicatewhen the Port Master Plan was incorporated into the applicable LGCP? Ifnot yet incorporated, when do you expect it to be adopted into the.LG.CP? November 12.2002 \... c. If applicaþ.1e, give the LGCP amendment number which includes this port project. St. Lucie Countv Ord. OR-02-014 (DCA Ref File 02-PTF 1) D. Please list all amendments made to the LGCP as a result of a Port Master Plan Update, a port land acquisition, or a port project. N/A E. Please list due dates for the applicable local government Evaluation and Appraisal Report (EAR) and the EAR- based amendments, including any amendments to the Port Master Plan or transportation elements as a result of the EAR review. The next County EAR is due in November 2008 F. If a project involves a development of regional impact (DRI), please give the name and number of the DRI. N/A II. CONSISTENCY EV ALUA nON CRITERIA: A. Provide a map of the existing and future land uses of the port project and abutting properties. (If not shown on map included in Part B.) ! B. 40f8 \." FsmD FORMS - FORM - FsmD - 1 lojl 5/22/01 · . PORT: PROJECT NUMBER: PROJECT NAME: FDOT DISTRICT: FSTED PROGRAM PROJECT APPLICA nON Port of Fort Pierce ~004 - 01 Port of Fort Pierce - ACQuisitionlDevelopment District 4 '-' and Marine Commercial (CM). These land use cate!!ories will permit a variety of marine related industrial activities that would be considered to be compatible with Port Me!!a Yacht development activities and operations. Land use and permittin!! control in the Port Operations Area is re!!ulated bv the City of Fort Pierce. \, C. Provide a description of the availability of public facilities, including sanitary sewer, solid waste, transportation, drainage, potable water, and recreation, as appropriate, and identify the demand that the project will place on each of these facilities and th'èir level of service The Fort Pierce Utilities Authoritv(FPUA) has water sewer and electric to the property. The property is accessible bv Avenue M. The purpose of the (undin!! reQuest is to assist in the development of the necessary infrastructure'to service the Port. / D. proviàe information about the impact ofthè proposed project on natural resources, including wetlands, beaches and dunes, submerged lands, flood plains, wildlife habitat, living marine resources, and water quality. ~The Port is built from Fill Material. All necessary permits will be obtained prior to development. The Port Authoritv is committed to protection of all natural resources. E. Provide information about the impact of the project ðn public access and historic resources. A portion of the fundin!! will be used to improve public access. There are no historic resources on the property. F. Show how the proposed project is cons}stent, to the maximum extent feasible, with the Goals, Objectives, and Policies of your Port Master Plan and the LGCP. There is no one sp~cific Goal. Objective or Policy that is to be cited as bein!! in support of. or consistent with. the reQuest for Capital Improvement funds to support development int he Port of Fort Pierce Port Operations Area. Instead. you must look at all of the Goals. Objectives and Policies of the Port Master Plan. the Citv of Fort Pierce Comprehensive Plan and the 81. Lucie Countv Comprehensive Plan. as a whole. as bein!! fullv consistent with the reQuest for development fundin!!. In order to implement the Goals. Objectives. and Policiès cited in this Master Plan. it is necessary for the fund in!! to be in place to provide for the necessary de!!ree of public infrastructure development to allow the private investment to be brou!!ht into the Port Operations Area. -- \.- \. 50f8 FSTED FORMS - FORM - FSTED - 1 Inj) 5/2VO) . . PORT: PROJECT NUMBER: PROJECT NAME: ~ FDOT DISTRICT: FSTED PROGRAM PROJECT APPLICA nON Port of Fort Pierce 2004 - 01 Port of Fort Pierce - ACQuisitionlDevelopment District 4 PART D - ECONOMIC BENEFIT ANALYSIS Governor's Office of Tourism Trade and Economic Develo ment The Governor's Office of Tourism, Trade and Economic Development will be reviewing each project in terms of its economic benefit and consistency with the Five-Year Capital Improvement Program to be included in the Florida Seaport Mission Plan. Each port is encouraged to provide detailed economic impact analysis information. The following information must be provided for each project for this review. . ~. I. HOW THE PROJECT 1S CONSISTENT WITH FLORIDA SEAPORT MISSION PLAN. \ ./ . Explain how this project is consistent with the Florida Seaport Mission Plan. Cite specific goals and objectives in the Plan, and indicate ho....w the project fits into the Plan's five-year capital improvement program. II. HOW THE PROJECT WILL SUPPORT INTERNATIONAL COMMERCE, INCREASE OR MAINTAIN CARGO FLOW THROUGH THE PORT OR IMPROVE CRUISE PASSENGER SERVICE. B. Compare present activity (cargo or passenge¡) at the port with anticipated increases in activity resulting from completion of the project. . Estimated annual econòmic im \... ~ r A. On what projections of additional service or c,apacity is thè project based or how is it needed to maintain existing service or capacity? To fully develop the Port of Fort Pierce for the Mel!a Yacht industry as per the Port Master Plan. ..... ..- C. What is the expected life of the project? 99 years D. What type of employment project will be created by the project? Provide estimated project employment and wages: 1. Estimated total number of new, full-time jobs created by the project: 300 2. Estimated total number of temporary jobs created during construction: 100 3. Estimated annualized average wage (not including benefits) of the new jobs created by the project: $$12.14 Why is it needed to support existing employment? For 300 new jobs in a County that has a history of hil!h unemployment rates E. What port revenue estimates are associated with the project or will result from the project? $25,000,000 over 20 years F. How will the port project affect and enhance the local, regional, and state economies? Estimated $100,000,000 G. Indicate whether the project is located in or directly adjacent to any of the following officially designated areas. If so, which? Please check all that are applicable and list the name of the officially designated area(s). \-. 1_ State Enterprise Zone 8_ Urban Infill Area 60f8 FSTED FORMS· FORM· FSTED· 1 /njl 5/22/01 . . PORT: PROJECT NUMBER: PROJECT NAME: \..,. FDOT DISTRICT: 2_ 3_ 4_ 5_ 6_ FSTED PROGRAM PROJECT APPLICATION Port of Fort Pierce 2004 - 01 Port of Fort Pierce - AcauisitionlDevelopment District 4 Brownfield Area 9X Rural Area of Critical Economic Concern 10_ Tax Increment Financing District 11_ Federal Enterprise Community \ . 12 Economic Development District (US EDA) Eligible Area 13_ Community Redevelopment Area Front Porch Florida Community Federal Empowerment Zone Community Development Block Grant Other: 7 _ HUB (Historically Under Utilized Business) Zone ~ Name of Officially Designated Area(s): J III. STATEMENT OF ELIGIBILITY. OPERATING REVENUES. AND ECONOMIC BENEFITS. (Ports with annual operating revenuesof$5 million or less may elect to propose for funding projects as defined in s. 315.02, Florida~atutes, and, therefore, mušt comply with the provisions of s.311.07(3)(b)( 1 0), Florida Statutes, by providing the following documentation.) Section 311.07(3)(b)(1 0), Florida Statutes, provides that projects eligible for funding include the following: , "Construction or rehabilitation of port facilities as defined in s. 315.02, excluding any park or recreational facilities, in ports listed in s. 311.09(1) with operating revenues of$5 million or less, provided that such projects Create eèbnomic development opportunities, capital improvements, and positive financial returns to such ports. " . If applicable, please provide information below and attach additional documentation attesting to the port's operating revenues for FY99/00 to satisfy this requirement. \..,. A. ,... FY 99/00 PORT OPERATING REVENUES of$º were $5 million or less. B. Please des~ribe how this project is eligible under s. 315.02, Florida Statutes. C. Please explain specifically how this project creates economic development opportunities, capital improvements, and positive financial returns to your port. Use additional sheets, if necessary. \..,. 70f8 FSTED FORMS - FORM - FSTED - 1 ¡ojl 5/2210 I · . PORT: PROJECT NUMBER: PROJECT NAME: \...r FDOT DISTRICT: FSTED PROGRAM PROJECT APPLICATION Port of Fort Pierce 1004 - 01 Port of Fort Pierce - Acauisition/Development District 4 PART E _ TRANSPORT A TION IMP ACT INFORMATION Department of Tr-ansportation \. The Department of Transportation will be reviewing each project in terms of its consistency with the Florida Transportation Plan and its adopted work program. The following information must be provided for each project for this review. I. STATEMENT OF TRANSP~RTATlON IMPACT CRITERIA: A. Ifnot provided in Part B, provide a map indicating existing highway and proposed roadway access/connections to the port and the proposed port project (planned and programmed per existing Port Master Plan - include city, county, state, and/o(federal highw·ay numbers where applicable), and note whether the roadways are part of the Florida Intrastate Highway System (FIHS), National Highway System (NHS), and/or a designated national Highway System , . Connector. B. If not pròvided in Part B, provide a map of existing and proposed railroad access/connections to the port and proposed port project (planned and programmed per¡ existing Port Master Plan - include common carrier name by location or indicate if owned/operated b~ the port). ' C. Provide,.a'traffic impact analysis sufficient to identify existing and projected level of service impacts on off-port roadway arterials identified in Question. A resulting from implementation of the proposed project. ~ D. Describe p)lblic and private passenger transportation services existing or required to serve the project location. If the proposed project is related to cruise operations, a detailed answer is required. E. Provide an estimate of the increase in number of vehicles per day resulting from implementation of the proposed project, if any. N/A F. Provide an estimate of the increase in number of railcars and/or TEUs per day resulting from implementation of the proposed project, if any; and include a map if not provided in Part B indicating the impacted rail/highway grade crossings resulting from the implementation of the proposed project, if any. N/A G. Provide an estimate of the maximum length of vehicles expected to be utilizing the facility as a result of the proposed project. N/A H. 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CD ..¡.......i (f) LL:::J '+- "0 o ~ -1 t Q) ..... 0,3 o....æ z+ ~ 11- \ . ...... 1!i ~ ~ en en (]) o -0 « CJ)"' 0) "'0 "~ CO en o en 7 -== 0 .- .... æ 0 ~ ......... (]) "'0 ~ ~ ~G o il "'0 CO o a: c Q) "'0 g Q () (]) CO ~eng 1'1.... 0 - \.V c.._ ._ 0 0 f"'\ ..... (]) LJ.... 0.. .~ ......... e '>'0.. -+--1 CO LL 3: 0 4-£>W O .- 5? ILL. -+--1 0) ~ c Oi5 o....ã3 z+ ~ - I( \ í W (]) . :5 fU "º' Ii 11 LL.. ¡¡it ~h¡W l l~ In ~ 1~ fliP! ~ I uJj &, PI ~ ,~I , - .!Ji ~ '" ~ "'0 co o ..!:::: (:¡j a: ü w u.. (}SJ \Ä'Û l:J co o ..!:::: "ëa a: .. \... Brumberg Consulting Inc. 1269 Deer Run Dr. Ellerslie GA 31807 July 9, 2003 \. Doug Coward County Commissioner District 2 2300 Virginia Aýe~ Fort Pierce, FL 34982 \ '), ./ RE: June, 2003 Report: Port Developments " _ Dear Doug, Last month, I provided for you a brief update on the Port of Fort Pierce. The highlight of my first month on board May, 2003 was the successful completion of a complicated negotiation with AES, the leaseholder at the Port. I considéred this the logical first step in preparing the property for sale and now affords a potential Development Group maximum design flexibility. In that . "May 2003 Réport", 1 had also promised you regular written updates This is my report to you for June, 2003. . ~ I am pleased to ~port that progress has continued during June. Highlights ensue; We have decided to skip the "Letter ofIntent" approach and go right to final contract. We have developed an initial "Terms and Conditions for Sale of the Port Property". Several interested parties have been notified. A "qualifying process" has been developed. An interview date for Development Groups has been established for Tuesday, July 22,2003, with the first group scheduled (in alphabetical order) to begin at 8:30AM. A total of2 hours will be provided for each presenter. The process will take place in St. Lucie County. The Group's presentation/concept will be judged upon many factors including plausibility, experience and whether or not it meets currently expressed opinions of what the public wants. Within approximately one week of the interviews (or less), the top ranked Development Group will be notified. ~ . . '-' \." ~ . Final contracts could be executed by early fall, 2003. Over this past month, several St. Lucie County and City of Ft. Pierce elected officials and staff have been kind enough to permit me time for face-to-face meetings. I have found these most helpful. While I intend ~o continue to keep you informed - in writing - of any significant steps completed, please feel free to contact me at any time for updated information on the Port sale. Sincer~ly, '),. /' Benji Brumberg " __ 706-5<22.-8748 - home, Georgía 706-442-2930 ., cell 954-581-8909 - home, Florida email:BenjiBrumberg@hotmail.com ",-!-' '. ,.. ~. \r FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting June 27, 2003 Convened: 3:05p.m. Adjourned: 3:58p.m. This meeting of the Fort Pierce Harbor Advisory Committee was held Friday, June 27,2003, at 3:58 p.m. in Conference Room #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. Members Present: Howard Conklin Jerry Kuklinski Pieter Stryker Jeanne Hearn Gail Kavanagh, Vice Chairman Christine Coke Delores Hogan Johnson, Chairman Members Absent: Councilman Chris Cooper David Souza Also Present: Diane Turner, Recording Secretary Ray Wazny, Assistant County Administrator Heather Young, Assistant County Attorney Jim Reeder, The Palm Beach Post Charles Grande, Presidents Council John Arena, Earth First Liz Flazig, The News Tribune ~ AGENDA 1. ROLL CALL Roll call was taken. 2. PUBLIC COMMENT John Arena stated that he has been trying to reach DEA since they moved from the Airport to Port S1. Lucie to get them to come to a meeting. He said the phone number he called gave a message that they are working on the number even though it was announced on TV several weeks ago, that they moved to Port S1. Lucie. ..... 1 '-" ~ '-" -. 3. APPROVAL OF MINUTES OF THE MAY 23,2003 MEETING It was moved by Jerry Kuklinski, seconded by Jeanne Hearn to approve the minutes of the meeting held May 23, 2003; and the motion carried unanimously by voice vote. 4. OLD BUSINESS Jerry Kuklinski asked Ray Wazny if the FSTED Funding was approved. Mr. Wazny answered that the funding is not locked in at this time and Mr. Anderson has a meeting scheduled with FSTED on Monday, June 30, 2003. Jerry Kuklinski asked about the motion made last meeting on the definition for "limited cargo". He asked if this was done. Discussion ensued about getting these recommendations to the commissioners. Mr. Wazny stated that the Commissioners get a copy of the meeting minutes, so they are aware of the Advisory Committee recommendations. Mrs. Hearn asked if the three recommendations from last meeting were forwarded to them in a memo. Mr. Wazny will write a memo and include last month's motions that were not addressed as well as anything from today. He also said that the minutes will be done in outline form so that they can be distributed in a more timely manner. The committee wants the motions put in a memo under separate cover. A recommendation was made by Pieter Stryker for County staff to forward all motions made by the Fort Pierce Harbor Advisory Committee to the Commissioners under separate cover within one week. Howard Conklin seconded the motion. The motion passed unanimously by voice vote. Howard Conklin asked for an update on Mr. Bell's offers. Mr. Wazny stated he has no information as the County is not part of the negotiations. Jeanne Hearn asked Mr. Wazny if he checked on the companies that he was negotiating with. Mr. Wazny said he only had a business card from one of them. Commissioner Coke said she had a call from someone in the County to meet with Mr. Bell and his people to expedite the sale. Commissioner Coke said further review of one company did not meet Mr. Bell's requirements. Mrs. Hearn said she has heard that Mr. Bell had a meeting at the hospital and that he would not deal with anyone who was affiliated with Lurrsen or World Port. Commissioner Coke said her understanding is that Mr. Bell wants a more diversified port and attract several companies to the area. Mrs. Hearn passed out letters in support of the motion to not use Harbour Pointe as a spoil site. (Copies of the letters are attached) Mr. Kuklinski showed the Committee an article on a new Water Park that just opened in Sebastian and thought this would be good use for Harbour Pointe. 2 '-' ~. ~ Mr. Conklin distributed copies of a letter that he received from Mark Foley regarding Current Customs and Immigration Regulations for Vessels returning from a foreign port. A copies of Mr. Conklin's letter from Mark Foley is attached. The committee requests copies be passed to the commissioners. 5. NEW BUSINESS Mr. Conklin spoke about unnecessary bridge openings at the North Bridge because of antennas and outriggers. Delores Hogan Johnson asked Mr. Wazny if DOT met with the County about the North Bridge Closure. Mr. Wazny said that public meetings were held with DOT about the bridge and the County did participate in these public meetings. Mrs. Johnson asked to have staff ask the County Commission to contact DOT to enforce boats to lower antennas, etc. and have scheduled openings for the bridge. Mrs. Hearn requested the County to write an ordinance. Mr. Conklin suggested getting a copy of the existing ordinance from Boca Raton and review it and then make a motion at the next meeting. Heather Young said she will get copies of the ordinance for the next meeting. 6. ADJOURNMENT Having no other business to discuss, it was moved by Gail Kavanagh, seconded by Commissioner Coke to adjourn. The motion carried unanimously by voice vote. The meeting adjourned at 3:58 p.m. Diane Turner Recording Secretary c: Fort Pierce Harbor Advisory Committee Members: Delores Hogan Johnson, Chairman Gail Kavanagh, Vice Chairman Howard Conklin Councilman Chris Cooper Jeanne Hearn Commissioner Christine Coke David Souza Pieter Stryker Jerry Kuklinski Mary Chapman Board of County Commissioners Dan Mcintyre, County Attorney Doug Anderson, County Administrator Ray Wazny, Asst. County Administrator Don West, Public Works Director 3 , - \r FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting June 27,2003 Convened: 3:05p.m. Adjourned: 3:58p.m. This meeting of the Fort Pierce Harbor Advisory Committee was held Friday, June 27, 2003, at 3:58 p.m. in Conference Room #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. Members Present: Howard Conklin Jerry Kuklinski Pieter Stryker Jeanne Hearn Gail Kavanagh, Vice Chairman Christine Coke Delores Hogan Johnson, Chairman Members Absent: Councilman Chris Cooper David Souza Also Present: Diane Turner, Recording Secretary Ray Wazny, Assistant County Administrator Heather Young, Assistant County Attorney Jim Reeder, The Palm Beach Post Charles Grande, Presidents Council John Arena, Earth First Liz Flazig, The News Tribune ~ AGENDA 1. ROLL CALL Roll call was taken. 2. PUBLIC COMMENT John Arena stated that he has been trying to reach DEA since they moved from the Airport to Port St. Lucie to get them to come to a meeting. He said the phone number he called gave a message that they are working on the number even though it was announced on TV several weeks ago, that they moved to Port St. Lucie. \..r 1 .- ~ 3. APPROVAL OF MINUTES OF THE MAY 23,2003 MEETING It was moved by Jerry Kuklinski, seconded by Jeanne Hearn to approve the minutes of the meeting held May 23, 2003; and the motion carried unanimously by voice vote. 4. OLD BUSINESS Jerry Kuklinski asked Ray Wazny if the FSTED Funding was approved. Mr. Wazny answered that the funding is not locked in at this time and Mr. Anderson has a meeting scheduled with FSTED on Monday, June 30, 2003. \.r Jerry Kuklinski asked about the motion made last meeting on the definition for "limited cargo". He asked if this was done. Discussion ensued about getting these recommendations to the commissioners. Mr. Wazny stated that the Commissioners get a copy of the meeting minutes, so they are aware of the Advisory Committee recommendations. Mrs. Hearn asked if the three recommendations from last meeting were forwarded to them in a memo. Mr. Wazny will write a memo and include last month's motions that were not addressed as well as anything from today. He also said that the minutes will be done in outline form so that they can be distributed in a more timely manner. The committee wants the motions put in a memo under separate cover. A recommendation was made by Pieter Stryker for County staff to forward all motions made by the Fort Pierce Harbor Advisory Committee to the Commissioners under separate cover within one week. Howard Conklin seconded the motion. The motion passed unanimously by voice vote. Howard Conklin asked for an update on Mr. Bell's offers. Mr. Wazny stated he has no information as the County is not part of the negotiations. Jeanne Hearn asked Mr. Wazny if he checked on the companies that he was negotiating with. Mr. Wazny said he only had a business card from one of them. Commissioner Coke said she had a call from someone in ~' the County to meet with Mr. Bell and his people to expedite the sale. Commissioner Coke n/') . said further review of one company did not meet Mr. Bell's requirements. Mrs. Hearn sai~5~ðJ: she has heard that Mr. Bell had a meeting at the hospital and that he would not deal with wa ' anyone who was affiliated with Lurrsen or World Port. Commissioner Coke said her ()~ understanding is that Mr. Bell wants a more diversified port and attract several companies to V the area. Mrs. Hearn passed out letters in support of the motion to not use Harbour Pointe as a spoil site. (Copies of the letters are attached) Mr. Kuklinski showed the Committee an article on a new Water Park that just opened in Sebastian and thought this would be good use for Harbour Pointe. \.r 2 ., ~ ~ \.. Mr. Conklin distributed copies of a letter that he received from Mark Foley regarding Current Customs and Immigration Regulations for Vessels returning from a foreign port. A copies of Mr. Conklin's letter from Mark Foley is attached. The committee requests copies be passed to the commissioners. 5. NEW BUSINESS Mr. Conklin spoke about unnecessary bridge openings at the North Bridge because of antennas and outriggers. Delores Hogan Johnson asked Mr. Wazny if DOT met with the County about the North Bridge Closure. Mr. Wazny said that public meetings were held with DOT about the bridge and the County did participate in these public meetings. Mrs. Johnson asked to have staff ask the County Commission to contact DOT to enforce boats to lower antennas, etc. and have scheduled openings for the bridge. Mrs. Hearn requested the County to write an ordinance. Mr. Conklin suggested getting a copy of the existing ordinance from Boca Raton and review it and then make a motion at the next meeting. Heather Young said she will get copies of the ordinance for the next meeting. 6. ADJOURNMENT Having no other business to discuss, it was moved by Gail Kavanagh, seconded by Commissioner Coke to adjourn. The motion carried unanimously by voice vote. The meeting adjourned at 3:58 p.m. Diane Turner Recording Secretary c: Fort Pierce Harbor Advisory Committee Members: Delores Hogan Johnson, Chairman Gail Kavanagh, Vice Chairman Howard Conklin Councilman Chris Cooper Jeanne Hearn Commissioner Christine Coke David Souza Pieter Stryker Jerry Kuklinski Mary Chapman Board of County Commissioners Dan Mcintyre, County Attorney Doug Anderson, County Administrator Ray Wazny, Asst. County Administrator Don West, Public Works Director 3 , F,ROM BURLINGHAM PYJNE ~jO. 561 466 2702 JUN. 27 2003 12:26PM P1 .... N, B. .:::No>r.th Ý3£.a.a.h c45.6.oò.úW.on Of .ðt. .1..?~it:. (!oUI11y, [InC!.. P. Q. Bex 3'i73 I") Fort PI.,,~. Florid. 34948 ~ June 07, 2003 County Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Harbour Pointe Dear Commissìoners: I wish to extend the fèelings of our Association on the possibiHty ofusÌDg Harbour Pointe Recreation Area as a site for the dredge material ftom Taylor Creek. As you know. our organization is a strong supporter of the Commission and the many pn)jects and specíal funded undertakings of the Commission for the County. We have backed you on most of the Bond Issues that you have asked :fur and the tax increases on gas and other taxes. We have had County Employees speak at our meetings to promote these causes and have published information in our newsletter. \... The voters on the Island are reliable and the total number of votes always the same OJ:' above other districts. This is due to our efforts to .. Get Out The Vote". \Vhen the referendum was held several years ago for the Harbour Pointe Bond Issue. we knocked on doors, called voters and "rallied the troops". They were most cooperative and have been on most issues. Our concern at this point, is that the bond issue was for a ~ilic purpose. The purchase of Harbour Painte as a recreatÌGn area. This happened and we were all pleased. If the County at this tìme, decides to use this land for a different purpose after putting funds into this investment for recreation, we are afraid that you wi1l loose: the vote on this Island. There is an issue of trust at stake for future referendwns. We have heard the arguments that it will be temporary. With the reports that have been seen on the toxic materials in this dredge material, you stand the chance ofcontarninating tlùs land. If that should happeJL. there would be a far greater issue on hand. We implore you to seek another sight. The use of this one is not '"good judgement" Especially, if it means the loss of the opportunity of bringing in the Mega Yacht complex. We believe that this is the on1y use that the voters would not object to. The Mega Yacht comp1ex continues the use of this land as recreational OJ: tourist related. This was in keeping with the true Charette plan and the purpose ofthc Bood Ts...ue. . J?; ~-& 0L/~-~ . ~~~~'I. .11~L '~PreSidfi' ~ ,,- \., ~ \....- \....- Page 1 of 1 Subj: Taylor Creek Dredging site Date: 6/9/039:32:21 AM Eastern Daylight Time From: ºª!l9-e.IL@_digital.nej To: undisclosed-recipients @ mindspring.com Sent from the Internet (Details) Dear Commissioner; The Conservation Alliance of St. Lucie County is against any use of Harbour Pointe and the port area as a dredge spoil site, to even temporarily store the dredged material to be coming out of Taylor Creek. Even without a scientific study done on the possible evidence of toxic material in this material, it stands to reason that over all the years that toxic material has been coming down Taylor Creek from inland there are bound to be endless amounts of it still in the muck at the bottom of the Creek. There are two other sites that would be as economically feasible as Harbor Pointe and those are sites 5 & 8. These sites need fill badly and the toxic material would not reenter the Indian River Lagoon. We have been informed that the land-owners of these properties are willing to a possible lease agreement of the property so it may be used and to leave the fill there rather than have to truck it to the landfill. We would estimate that it would take many truckloads to transport this material to the landfill, which would be expensive and also take up much space at the landfill, plus saving a lot of truck traffic on our roads. By using sites 5 & 8 you would save buying any property. no need for trucking the spoil. and not contaminate probably one of the most beautiful areas in St. Lucie County. These advantages could save the County much expense. We understand that the Fish and Wildlife Service was against using sites 5 & 8 but we recommend working with them to possibly transfer any native species on the properties to a mitigated area in the County. Sites 5 & 8 have a smaller acreage than that suggested would be needed however the unusual topography of these areas would compensate for greater fill capacity than most and would most probably easily handle the proposed amount of spoil. If there is any way that the Conservation Alliance can be of assistance please free to contact us. Sincerely, Bob Bangert, Pres. St. Lucie ~V aterfront COilllcil Post Office Box 4143 Fort Pierce, Florida 34948 (772) 461-9757 (772) 468-8688 Fax www.stlwaterfrontceunci1. erg The future of our waterfronts depend on what we do today. June 19,2003 St. Lucie County Board of County Commissioners 2300 Virginia A vneue Fort Pierce, FL 34946 RE: Against the use of Habour Pointe as a spoil site. Dear Commissioners: The St. Lucie Waterfront Council has been researching the issue of spoil sites since its inception. We remain adamantly against using Harbour Pointe for such an infamous purpose. Our membership is comprised of St. Lucie County taxpayers, therefore we approach issues from economic and social perspectives, along with the environmental considerations. Our objections are based as much on the financial pitfalls and taxpayers mistrust, that using Harbour Pointe as a spoil site would generate, as well as the environmental mess it could create. \.- Our members have, over the years, visited dredge and spoil sites, interviewed experts, investigated various methodologies, and continuously relayed our findings and concerns to our political leaders, their staffs and the public. The following are the most pertinent details relating to our position: 1. Harbour Pointe was purchased by St. Lucie County because the voters taxed themselves to protect the land for uses specified in the Bond Referendum. The County gave the voters three specific purposes for the property (see attached copy of actual ballot). The voters overwhelmingly approved this purchase based on the stated uses for this special property. A temporary spoil site was not even an obscure consideration. To now use Harbour Pointe for this purpose would be an absolute breach of this referendum. Voters could never again trust the County in a referendum to tax themselves for a definite purpose. 2. Despite stated intentions that Harbour Pointe would be a temporary site, muck removal schedules could get completely out of control. Rain wetting the piles of muck has caused much delay in other projects. According to BCI and Don West, wet muck cannot be transported. Suppose a prospective developer has a deadline? It is our conclusion that there is undoubtedly serious risks for any desirable development plan that may present itself. ~ 3. Given the astronomical number of truck loads, we have to ask how much road improvement will have to be made for this excessive heavy truck traffic to just reach US 1. A COpy OF THE OFFlClAL REG1STRA TION AND FlNANCIAL INFORMATION MA Y BE OBTAINED FROM THE DWlS/ON OF CONSUMER SER VlCES BY CAWNG TOU FREE WlTHlN THE STATE. REG1STRATlN DDES NOT lMPLY ENDOURSEMENT. APPROVAL OR RECOMMENDATION BY THE STATE: 1·800-'35·7352. Pag,e 2 JUne 19, 2003 ~ 4. Weare not aware of the details of the contingency plan, if a portion of the Taylor Creek muck contains a higher level of toxicity than orjginally anticipated. 5. There is a negative perception associated with places where spoil is deposited, especially when that dredged body of water is Taylor Creek. This, will certainly eliminate some prospec.tive investors thus effecting the land's value. In conclusion we expect the county to eliminate any consideration of the use of Harbour Pointe as a spoil site and select another location(s) such as Sites 5 & 8 shown on the map BCI presented. If staff claims these to be too small, we then urge the county to seek other proven dredging methods that require much smaller sites and consider the use of multiple spoil sites. With creative thinking and effort, we believe there are opportunities for great financial savings over the current plans being considered. Public input must be a major part of this process and therefore we expect the above be given serious consideration so that the dredging of Taylor Creek will not face any unnecessary delays. ~ ~ø~~ Delores Hogan Johnson President Enclosure: Bond Referendum cc Mr. Doug Anderson, County Administrator Mr. Dan McIntyre, County Attorney Mr. Don West, Public Works Director '-' ~ OFFICIAL SAMPLE BALLOT GENERAL ELECTION-NOVEMBER 5, 1996 SAINT LUCIE COUNTY, FLORIDA For Ihe purcha~e of land In Ih.. Port of ForI PIerce for mArine commercial, recreation slUd tourism purposes. shall Ihe SI. Lucie COllnty "ort Anti Airport Aulhorily Issue IIOt exceeding $3,500,000 genenl obligaUolI hond~. heoring ItlteR.~t at not exceedIng the Ic1l:nl role, maturing "lIhln 20 years from 1~~tlAnCe, Imyable from nd valorem tnxetllevled on 011 tAxahle property In the Coullty? YES, FOR BONDS 0 NO, AGAINST BONDS 0 ~ ~ 06/19/2884 14:86 7724613612 CA~mLELIGHT ACRES PAGE 01 ..~_..._.... .... _"0" ..,"~_..,._.. _._ ..,.. ...........,,'__,~ '~.....h··.·"'_.' _.'~'_.""'~""""_ '-' North Fork Property Owners 2830 Rainbow Drive Ft. Pierce, Fla. 34181 Patricia A. Fenick Govemmental Representative 4802 South 2511 Street Fl Pierce, Fla. 34981..aG09 Sl Lucie County Commiuionel1l: Re: Harbour Poinbt DAIdte Site \.- The North Fork Property Owne,. objects to the ... of the Harbour Pointe Park for a dredge site. Those of us who votMt for the bond Î88ue believe that thi8 is violation of our trust in you as our elected officials. In a letter dated January 20, 1_ tb8t Jeannie Heam received from Commisaioner Bemee; it ..._ "Regarding the dump site, it will not be Harbour Poin" period." This Is an environmental cOßcem, and there should be data that could have been used in Justification to FIND, on the Inclusion of other 81tH west of US 1. Park property that is useel by the public 8hould not be used for dredge material that could possibly be carcinogenic or toxic. Bacteria could .180 contaminate this dredge material and cause serious gastrointestinal disease and respiratory illne.. to the users of the park. Do you Inand to close this park to the public for a period of time? An independent lab needed to test this material, prior to any application having been made to FIND. \.- . 05/~9/2004 14:05 7724613612 CANDLELIGHT ACRES PAGE 02 \w. WheN is the communication gap? Why is th. . ~ iIIHn? Who . "'ponaible for providing infonnation in a timely manner? Is an extension of this application poaible or can additional ait88 be added on? Can we ask to mediat8 and have ..... Weet ofU. S.I? Our ...oclation also no.. that ftlCently the comm..io....... have not been getting sufficient infonnation to make Informed decisions. ("We nofll the jail expaneion, and .t.o the NC8nt choosing of conau...... for the MIdwaY Road corridor.' Pack'" should have IIIOftI inforrrt8tion; committøe Nporta. that the commltl8.8 take the time to do, should be included in the reports. Our govemmentaI representative serv.. on one of the committees, and feels that they take their time to .....rch, and lis.n to .....ntationa and that their input should be made available though material given to the commlaalone... The minutes should be made available to the commissionets. \w- Please note (as vacatioma are heN) .... 4802 South 25'" S1:ntet _ mailing .dd....... Sincerely . tfl¡J0lJ1/tJ"J-r dÍ.,. Jackson, Sect. T..... \w- Ju~ 19 03 03:49p Norohem Ino 772 468 8702 p. 1 ~ Fort Pierce South Beach Propel1y Owners & Business Ailisociationt Inc. ArK¡' A South Bea<:h Assuciatiion 985-A Seaway Drive Fort Pierce, FI.. 34949 (772) 468-6110 June 19, 2003 Sl Lucie CQunty Commissioners 2300 Virginia Avenue Ft Pierce, FL 34982 Re: Using Harbour Pointe as a spoil site Dear Commissioners' This letter is to inform you that we are apposed to using Harbour l)ointe as a spoil :-.ile. This land was purchased tl'Jr tourism, recreation and marine commercial. ~ ~inc ely. ) \ r'\ (/ ,J "_~. ~CSJ/~\~- Jo~Wolsiefer ~ President Cc: Doug .Anderson-Coumy Admini$trator BOAIW 01' J)JIŒC70RS -R"rtllMtM (E1&-fJItWII) V"" c.iJM -Jt. CMu.lIIù -cliH 0.... .Po.øJ.lk...... ~~ (ü-ðJll'iøi.o) -MIa". ~ ~ It_y"'w -,., """"" -~ $IM.lt, ·¡,.1úIN ..,. W( ~,. \.r " WAYS AND MEANS COMMITTEE <ù1ngrrss of thr ~nítrd ~tatrs iRousr of 'Rrprrsrntatiors ~ashíngton, ÐŒ: 20;1; REPLY TO: 104 CANNON BUILDING WASHINGTON, DC 20515-0916 (202) 225-5792 FAX: (2021225-3132 MARK FOLEY 16TH DISTRICT, FLORIDA DEPUTY MAJORITY WHIP \w- SUBCOMMITTEE ON OVERSIGHT SUBCOMMITTEE ON SELECT REVENUE MEASURES II ", T h.. WEBSITE: http://www.house.gov/foley June 12,2003 Mr. Howard 1. Conklin 2030 Harbortown Dr Fort Pierce, FL 34946-1438 Dear Howard, Thanks for contacting about the current customs and immigration regulations for vessels returning from a foreign port. I appreciate hearing from you ontIiis serious problem. 1 have telephoned and written the Department of Homeland Security (DHS), asking that a quick solution be found. While protecting our borders, DHS must also ensure that Americans are not burdened to the point where they make decisions to avoid travel rather than cope with unnecessary regulations and procedures. This is the case with many South Florida boaters. As you know, many have avoided travel to The Bahamas. Not only has this restricted their freedom of movement, it has adversely affected the marine industry in South Florida. ~ As mentioned previously, 1 have urged DHS to look at alternatives to the current system. Perhaps, innovative ideas such as mobile or satellite enforcement units could be created to monitor the areas where returning vessels must pass before their crews disembark. Such enforcement units could be established at inlets or nearby marinas. Participating marinas would reap economic benefits, as many boaters would purchase food, fuel, and other services while already docked for a clearance check. Beyond that, another option may be to develop a system for travel between Florida and our Caribbean neighbors similar to those used by U.S. citizens on our Northern Border traveling to Canada, like the Canadian Border Boat Landing (1-68) Program or the Outlying Area ~eporting Station (OARS). The 1-68 program, which is voluntary, allows U.S. citizens and Lawful Permanent Residents of the United States who travel to and from Canada for recreational purposes throughout the year, to be inspected once per year without further inspection. The OARS program uses videophones, typically located at public marinas, which boaters my use to report to the U.s. immigration inspectors. Please be assured that I am working with DHS to fix'ThTs'próbfem. Thanks'agàm fóf1aI(¡ng' tfie fime to ---- contact me on this issue. Sincerely, 4f(",,¡ Mark Foley Member of Congress MF/jh ~ PALM BEACH GARDENS 4440 PGA BLVD., SUITE 406 PALM BEACH GARDENS, FL 33410 (5611627-6192 FAX: (5611 626-4749 PORT ST LUCIE COUNTY ANNEX BUILDING 250 NW COUNTRY CLUB DRIVE PORT ST. LUCIE, Fl34986 (561) 878-3181 FAX: (5611871-0651 HIGHLANDS COUNTY SEBRING CITY HALL (By Appointment Dnly) (863) 471-1813 .' WAYS AND MEANS COMMITTEE ~ngrtss of tht tlníttd ~tattS iltousc of Rcprcscnmtiucs flJQshíngton, Ð[: 20515 REPLY TO: 104 CANNON BUILDING WASHINGTON. DC 2051~916 (202) 225-5792 FAX: (202) 22!>-3132 " MARK FOLEY 16TH DISTRICT, FLORIDA ...--- DEPUTY MAJORITY WHIP \.r SUBCOMMITTEE ON OVERSIGHT SUBCOMMITTEE ON SELECT REVENUE MEASURES E·MAIL: mark.folay@mail.house.gov WEBSITE: http://www.house.govlfoley May 1, 2003 Mr. Howard L. Conklin 2030 Harbortown Dr Fort Pierce, FL 34946-1438 Dear Mr. Conklin: This will acknowledge receipt of your letter regarding boaters clearing Customs and/or Immigration at the ports of Fort Pierce and Palm Beach. There has been some confusion regarding government regulations between the above mentioned agencies. Immigration has a law requiring every boater must be seen face to face upon entry into a port. Customs has a system in place where you call the 800 number for clearance as long as all passengers were US Citizens. \.r Since these agencies have been combined under the umbrella ofthe Homeland Security Agency, all the kinks have not been worked out. It is the goal of the Homeland Security Agency to implement the manor Customs used to clear boaters at the Ports. The Agency intends to build a database listing "regulars" who commerce in and out of the country, thereby all~viating the face-to-face meetings. However, final rules and regulations have not been issued to the various offices. For right now, they are requiring all individuals to "check-in." I have been promised this is a temporary situation for the regular boaters. However, the agency could not give me a tirneframe for this "temporary situation." I was asked to be somewhat patient as the new Agency combines operations. Since it the goal of the Congress and the Administration to provide greater security to our Homeland, I am willing to let the Agency work out their "kinks." I will be checking in with the Agency within 60 days to determine how far along they are in implementing any changes to existing regulations. ~ PALM BEACH GARDENS 4440 PGA BLVD., SUITE 406 PALM BEACH GARDENS, FL 33410 (5611627-6192 FAX: (5611 626-4749 PORT ST LUCIE COUNTY ANNEX BUILDING 250 NW COUNTRY CLUB DRIVE PORT ST. LUCIE, FL 34986 (_)878-3181 FAX: (..1871-0651 HIGHLANDS COUNTY SEBRING CITY HALL (By Appointment Only) (863) 471-1813 ~ Page 2 If you become aware of something new or different taking place, please contact my local office by calling 878-3181 and ask to speak with my District Manager, Ann Decker. Thanking you for your patience and understanding in this matter, I am, 0Jlad l\:\.'!f~ f ~y 'M:emb1~I~f Congress MF/ad '-' FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting May 23,2003 Convened: 3:11 p.m. Adjourned: 4:41 ~ This meeting of the Fort Pierce Harbor Advisory Committee was held Friday, May 23,2003, at 3:11 p.m. in Conference Room #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. Members Present: Jerry Kuklinski Pieter Stryker David Souza Jeanne Hearn Councilman Chris Cooper Gail Kavanagh, Vice Chairman (late 3:13 p.m.) Members Absent: Commissioner Christine Coke Howard Conklin Delores Hogan Johnson, Chairman Also Present: Missy Stiadle, Recording Secretary Ray Wazny, Assistant County Administrator Heather Young, Assistant County Attorney Ja'net Pentz, Executive Aide to Commissioner Bruhn Jim Reeder, The Palm Beach Post John Parry, Waterfront Council Charles Grande, Presidents Council John Arena, Earth First \.- ~ 1 AGENDA \..... 1. ROLL CALL Councilman Chris Cooper called the meeting to order in the absence of the Chairman and Vice Chairman and roll call was taken. 3. APPROVAL OF THE MINUTES OF THE APRIL 25, 2003 MEETING It was moved by Jeanne Hearn, seconded by Pieter Stryker, to approve the minutes of the meeting held April 25, 2003; and the motion carried unanimously by voice vote. 2. PUBLIC COMMENT Addressed under old business 4. OLD BUSINESS \... Charles Grande commented on the announcement at last month's meeting regarding the offers on Mr. Bell's 52 acres of property. He asked if the Committee would be getting an update on that situation and see if any additional information has come forward over the last month regarding the offers and who made them. Mr. Wazny stated that the only information he has at this point is that Doug Anderson has talked with Mr. Bell and he indicated to Mr. Anderson that the talks were proceeding with the parties that are interested in purchasing the port and that is it. Mr. Grande asked if the County has identified the parties. Pieter Stryker stated that it was indicated at the last meeting that we would know soon who the parties were and the details. Mr. Wazny stated that Mr. Bell has not elected to share that information and we do not have the details of the offers. He stated that we do know who two of the parties are, but have been asked not to divulge them. Jeanne Hearn asked if the County knows how many years, months or days the County is willing to wait for Mr. Bell to come forward with information and if they will reconsider condemnation or another avenue rather than hold up the opportunity that we have. Mr. Wazny explained reasons why condemnation would not be an opportunity and could be viewed as a last resort. He stated that the County is not in the position to put pressure on Mr. Bell other than what has already been indicated which is that the Board may take condemnation action. Ms. Hearn stated that Mr. Anderson at the Commission meeting that evening gave a 30-day window. She asked if that was still on track. Mr. Wazny stated that the 30 day window was to determine whether or not the $15 to $20 million would be funded by the State for participation in the condemnation of the acquisition of the port. Ms. Hearn suggested that they listen to the tape again because it was indicated that Mr. Bell should have something coming forward. She stated that she feels the County cannot afford to play games forever, and could be missing a $100,000,000 opportunity a year of economic benefit. Discussion ensued as to whether this is just a ploy on Mr. Bell's part and if the offers are bonafide. Jeanne Hearn stated that she saw an article in the Post today regarding marinas and condos and asked why we are not going forward with Harbor Pointe in a positive way. She stated that it seems everything that is positive at the port the County has a rhyme or reason against. Ms. Hearn stated that we heard that its a Coastal high hazard area and can't build condos. She stated that Haskell reported that this area is prime for that, looking right out of -..... 2 \... our inlet. Ms. Hearn stated that our Director of whatever Planning or whatever he is says that we cannot build it because they frown upon it. She stated that it Coastal high hazard where they are building it in Boynton and why is it that we cannot make these things work. Mr. Wazny stated that we can, but there are some issues to be resolved. He stated that first of all the property was bought under a voter initiative and is to be used for recreational, commercial use and it would be stretching it to use the property for residential use. Mr. Wazny stated that the secondary issue is the zoning of that particular property is not consistent with residential use and some zoning changes would have to take place. He stated that it is not that we cannot get around them, but they are issues that have to be dealt with. Ms. Hearn stated that we are not even dealing with these issues or attempting to do anything positive. She stated that it seems like Mr. Bell can throw body block whenever he wants and the County bows down to him. Ms. Hearn stated that something is wrong that we are not progressing in a positive way on the most beautiful piece of property in our Community or maybe even in the State and now we are going to blow it now as a dumpsite. Mr. Souza stated that maybe it should be preserved for recreational use, which is what it was intended for. Ms. Hearn stated that Trust for Public Land said that this has got to be a public park and a good Community would make it a park. She stated that it would bring more economic positive development if we did. Ms. Hearn stated that Vero Beach created a park, but St. Lucie County cannot do anything positive. Pieter Stryker asked if it is time that the County gave Mr. Bell some kind of time limit. Mr. Wazny stated that he did not know what Mr. Bell's motives are and did not know his thought pattern or process. He stated that the Board looks at this Committee to make recommendations to them. \... John Parry stated that he would like to see the Board of County Commissioners tell Mr. Bell what limited cargo means. He explained the reasons the Board should define it. Ms. Hearn stated it should have been done by definitions with the Comprehensive Plan. Ms. Hearn stated that she would like to make a motion that this Committee is concerned about delays and also to define our concerns. She stated that when she attends a County Commission meeting she would like to hear updates done publicly on the progress being made. Ms. Hearn stated the citizens should know what is going on, rather than basically holding the Community hostage. Mr. Souza stated that personally Mr. Bell's private dealings are none of our business. He stated that we are either going to buy the property or condemn and take it or we are not. Mr. Souza stated that Mr. Bell has the right to develop his own property to its best potential within the confines of the zoning. Ms. Hearn stated that is right but she thinks that normally it is done in partnership with the Community through the regulations. Mr. Souza stated that maybe Mr. Bell has not decided what he is going to do with it yet. Ms. Hearn stated that maybe we need to condemn it because it is holding our County back. Discussion ensued between Mr. Souza and Ms. Hearn. It was moved by Jeanne Hearn, seconded by Jerry Kuklinski, to recommend to the Board of County Commissioners to find out what Mr. Bell is doing with the property offers, to keep the public informed and define the limits of limited cargo. The motion carried unanimously by roll call vote. Howard Conklin Gail Kavanagh Comm. Coke Absent Yes Absent ~ 3 \..., Councilman Cooper David Souza Jeanne Hearn Jerry Kuklinski Delores Johnson Pieter Stryker Yes Yes Yes Yes Absent Yes It was moved by Pieter Stryker, seconded by Jeanne Heam, to recommend that the Board of County Commissioners by July 18th of this year verify the validity of Mr. Bell's presented offers and in the absence of the verification renew efforts to acquire the property. The motion carried unanimously by voice vote. Howard Conklin Gail Kavanagh Comm. Coke Councilman Cooper David Souza Jeanne Hearn Jerry Kuklinski Delores Johnson Pieter Stryker Absent Yes Absent Yes Yes Yes Yes Absent Yes Ms. Hearn stated that at the last meeting she had asked for an update about our Port Directors duties. She stated that she would like to hear what his duties are especially since we are in Orange alert and need to know who is calling the shots. Heather Young stated that she though Mr. Wazny would be addressing this question, but was called out of the meeting. She stated that the County Administrator is considered the Port Director at this time and his duties are to oversee everything that has to do with County activities that are related to the port. She stated that for the new security issues there are different staff people that are involved, but he is the one that the County has designated as the Port Director. Attorney Young answered questions and concerns from the Committee members and public in attendance. Ms. Hearn explained the reasons why she asked that this question be addressed. Discussion ensued. Ms. Hearn stated that someone should be monitoring what is going on; it should not be the public's responsibility. Attorney Young stated that she would pass the information on. Ms. Hearn stated that the Director should be over seeing these concerns. '-' Jeanne Hearn stated that she got information today, that will go before the County Commission next Tuesday, that we are thinking of using Harbor Pointe as a spoil site. She stated that Taylor Creek has already been tested and already has many toxins in it. Ms. Hearn asked should we be using this as a dumping ground. She stated that our County is behind it because the City wants to use it for their marina and this one wants to use it for a dumpsite. Ms. Hearn asked why St. Lucie County gets dumped on all of the time. Mr. Souza stated that if Harbor Pointe is used, it will have to be removed, whereas if we had a permanent spoil site, it would be pumped there and remain there forever. Ms. Hearn stated that up in Melbourne the spoil site has been there three years and what if we have an opportunity to develop Harbor Pointe now and we have a bunch of sludge piled up and can't move it until it drains. Discussion ensued. ~ 4 \w Gail Kavanagh stated that her husband is the FIND Director for this County and that Committee should meet with him. Jeanne Hearn stated that in the meantime would the County be approving all of this on Tuesday. Mr. Wazny stated that clearly staff has had demonstrations before the Board of County Commissioners and Don West has appeared before this Committee to talk about the direction we are going with respect to dredging. He stated that it is important to keep in mind the purpose of pulling the stuff out is for environmental reasons. Mr. Wazny stated that clearly it is problematic as to what to do with it once it is dredged. He stated that we have talked about various methods and alternatives as to cleaning it up and drying it up before trucking it. He stated that if contaminates are found they would go to the landfill. Mr. Wazny stated that we have wrestled with the issues and brought them forward and the reason we are taking this agenda item to the Board for Harbor Pointe is because we have no other alternative. He stated that Harbor Pointe is not an idea site because it is a little too small, but we can make it work and we need to get the funding locked in from FIND. Mr. Wazny stated that we have not discontinued in our efforts to get and use Mr. Bell's property. He stated that as we have discussed in prior meetings with BCI there is an environmentally friendly means to do this. Mr. Wazny stated that he did not think that there is anything new that staff could bring to the Harbor Committee or the Board of County Commissioners, because it has all been discussed. Ms. Hearn asked what the completion time would be for the project. Mr. Wazny stated that he did not recall from BCI presentations, but that Turkey Creek took about eight months and that project was a little bigger than this one. Ms. Hearn stated that on the third page it says that we are not going to begin until April 2004. She stated that in other words we just discount any development possibility for Harbor Pointe for at least three years. Discussion ensued. ~ Jerry Kuklinski, seconded by Jeanne Hearn, made the motion to recommend that the Board of County Commissioners vote not to use Harbor Pointe as a spoil site for dredged material. The vote was 4 to 2 in favor of the recommendation. Gail Kavanagh and David Souza voted against the recommendation. Jeanne Hearn stated that she would like to make a motion that the committee should elaborate on the recommendation and have a time frame specified for removal of the spoil, so that it can be prevented from leaking back into the Lagoon. John Parry stated that a recommendation was just made not to use Harbor Pointe as a spoil site. Ms. Hearn stated that this would be an alternative plan it they choose to use the site anyway. Mr. Parry stated that she would be sending a mixed message. Ms. Hearn stated that she is sorry, but she voted against it and if the Commission is wimpy enough to go ahead with it she wanted to have these issues addressed. David Souza made the motion to recommend that the Board of County Commissioners give a time frame or set time for the removal of the spoil off of the Harbor Pointe site after dredging is complete. Mr. Grande stated before the Committee considers voting for this motion he would like to ask that members consider the only reason that staff is recommending use of Harbor Pointe is because they have not been able to find an alternative site. He stated that it is safe to assume if this Committee waffles on the recommendation to not use and say give us a time frame. Mr. Grande stated that the Committee should just vote for a motion that says the advise of this Committee is to not use the Harbor Pointe property as a spoil site. He stated the Committee should not even consider weakening this recommendation. Ms. Hearn stated she would withdraw her motion. Councilman Cooper stated that at the next Harbor meeting the Committee could ~ 5 · , \.., address issues after considering the action that the Board of County Commissioners has decided to take. Pieter Stryker asked about the insurance that was required for the boat. Attorney Young stated that they have what is called Jones Act Insurance for the people that work there and then they carry $1 million liability. Ms. Hearn asked where the payment is made. Attorney Young stated through the Finance office. Ms. Hearn asked about the black boat that was docked there. Mr. Wazny stated that it was the Christopher Columbus Replica Boat, the Nina. He stated that this boat was on tour before and they had called in and asked for permission to dock at the port for a Friday and a Saturday and it will be back to be put on display and people will be able to board the boat. Mr. Wazny stated that typically since it is a public dock, the Administration has allowed those boats to park for limited periods of time. He stated that they were given permission to dock there for two days, Friday and Saturday. Ms. Hearn asked if this cuts down on Indian River Terminal's opportunity to provision it. Mr. Wazny stated that the County only does this when the request comes in from the Fort Pierce Marina and when they cannot find an accommodation for the boats. He stated that they do not contact the County directly; the marina contacts us, which was the case with the Nina. Gail Kavanagh stated that her husband George Kavanagh was appointed to the FIND to represent St. Lucie County for the next four years. She asked since she is the wife of a FIND Commissioner now, would this be a conflict of interest with her serving on this particular board. Attorney Young stated that she does not see that it would be a problem. Ms. Kavanagh stated that their meetings meet at the same time every month, which is why she was late for today's meeting and missed last month. Ms. Hearn stated that this could be a real positive force because FIND has a lot of funding available that could go toward the Harbor development. \." 5. NEW BUSINESS New Issues were brought up under old business and discussed. 6. ADJOURNMENT Having no other business to discuss, it was moved by Gail Kavanagh. seconded by Jeanne Hearn, to adjourn. The motion carried unanimously by voice vote. The meeting adjourned at 4:41 p.m. Missy Stiadle Recording Secretary c: Fort Pierce Harbor Advisory Committee Members: Delores Hogan Johnson, Chairman Gail Kavanagh, Vice Chairman Howard Conklin Councilman Chris Cooper Jeanne Hearn Commissioner Christine Coke David Souza Pieter Stryker Jerry Kuklinski Mary Chapman Board of County Commissioners Dan Mcintyre, County Attorney Doug Anderson, County Administrator Ray Wazny, Asst. County Administrator Don West, Public Works Director \.-r 6 \., FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting April 25, 2003 Convened: 3:07 p.m. Adjourned: 4:26 ~ This meeting of the Fort Pierce Harbor Advisory Committee was held Friday, April 25, 2003, at 3:06 p.m. in Conference Room #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. Members Present: Delores Hogan Johnson, Chairman Howard Conklin Jerry Kuklinski Pieter Stryker David Souza Commissioner Christine Coke Jeanne Heam Councilman Chris Cooper Members Absent: Gail Kavanagh, Vice Chairman Also Present: Missy Stiadle, Recording Secretary Ray Wazny, Assistant County Administrator Katherine Smith, Assistant County Attorney Ja'net Pentz, Executive Aide to Commissioner Bruhn Liz Flaisig, The Tribune Jim Reeder, The Palm Beach Post Eva Luna, Executive Aide to Commissioner Barnes Liz Martin, Executive Aide to Commissioner Hutchinson Charline Burgess, Executive Aide to Commissioner Hutchinson Harriet W. Brenner, Citizen John Parry, Waterfront Council Charles Grande, Presidents Council Emily Grande, Presidents Council Barbara Felton, Executive Aide to Commissioner Lewis ~ \r 1 AGENDA '-' 1. ROLL CALL Chairman Johnson called the meeting to order and roll call was taken. 2. PUBLIC COMMENT John Arena stated that the public trusts that the Indian River Lagoon will be treated as if it is the most diverse estuary in North America, because it is. 3. APPROVAL OF THE MINUTES OF THE MARCH 28, 2003 MEETING It was moved by Howard Conklin, seconded by Jean Hearn, to approve the minutes of the meeting held March 28, 2003; and the motion carried unanimously by voice vote. 4. OLD BUSINESS Pieter Stryker stated that on page 7 of the March 28, 2003 meeting minutes he had questions regarding the boat at the dock. He asked if there should be, or if there is a requirement for insurance on the boat that is parked there. Katherine Smith stated that most of the contracts do have insurance requirements but she is not familiar with this specific contract but she would check. Mr. Stryker stated that he was just interested to know if this boat had insurance or not. Chairman Johnson asked Katherine if she would check and get back with the Committee. '-' Mr. Wazny stated the Committee had requested staff move forward with the container height provisions to change our Ordinance. He stated the next time they go to the Board this would be part of the package, which will probably be within the next three months. Mr. Wazny stated this probably requires LPA approval and the Planning and Zoning Board approval before it gets to the Board of County Commissioners. Jeanne Hearn asked if the Harbor Committee would see the packet before it goes to the Planning Board. Mr. Wazny stated that he would ask that it be sent to him. Chairman Johnson asked if staff would send it to the Planning Board. Mr. Wazny stated that when it is prepared for the Planning Board and sent out they would have copies sent out to this Board as well. Howard Conklin commented on the discussion regarding the conflict on the City Ordinance preventing barbwire fencing around the port and the proposed new mandated security measures. He stated that property owners are wondering where they can go and his suggestions is that the City of Fort Pierce perhaps consider conforming their Ordinance to proposed Federal Regulations governing the security of the port. Commissioner Coke stated that she would check because there might be a way that they could get a variance on that type of thing. She stated that they might not want to change the Ordinance because then others would want to use barbwire. Mr. Conklin stated that he agreed and it should be specified that it could only be used in order to abide by the Federal Regulation ordering. Chairman Johnson asked Commissioner Coke to please check into this. '-' 2 ~ ~ \.,. 5. NEW BUSINESS Chairman Johnson stated that Ray Wazny, Assistant County Administrator was in attendance to give the Committee an overview of information provided on the Port of Fort Pierce. She stated that after his overview the Committee and public in attendance could ask questions. Mr. Wazny stated that he would summarize a letter that Doug Anderson sent out today. He stated that two of the documents that are in the packet had been received at noon today. Mr. Wazny stated that Ms. Hearn had spoke to him a couple of days ago regarding receiving information. He stated that they were able to put the packet together around noon today and apologized that the Committee has not had time to digest the information. Mr. Wamy stated that it is in essence a staff recommendation to the Board of County Commissioners relative to the port. He stated that he would go through the document page by page and summarize. Mr. Wazny stated on the first page, part of the condemnation process calls for a needs analysis, and for the County to do a need analysis Taylor Engineering has estimated the cost of at $150,000. He stated on page two under Alternative Funding the critical thing in that paragraph is that County staff has not identified an alternative funding source in the event the price exceeds $12,000,000. Mr. Wazny stated the Haskell Proposal if approved would cost roughly $3.8 million. He stated the Haskell Business Plan had assumed the availability of FSTED funds which is the $20,000,000 that Senator Pruitt would not support if the County condemn the property. Mr. Wazny stated that Haskell would require a $47,000 fee to prepare a revised Business Plan. He stated under Potential Private Development they had received a letter today from Lloyd Bell, indicating that he has two Letters of Intent to sell 52 of the 67 acres for $31.2 million. Mr. Wazny stated that there is a third party also involved and County staff has spoken to two of the groups who have submitted proposals to Mr. Bell and are confident that what Mr. Bell has stated in his letter is accurate. He stated on page three under Berth Permits that Berths 1 and 4 are set to expire in May of 2003 and re- permitting of these will be a much easier process then initial permitting, which will have to been done for Berths 2 and 3. Mr. Wazny stated that getting the permits for Berths 1 and 4 should be an easy process, but they will have to obtain owner approval in order to ask for the permits. He stated under Litigation Costs the County's cost are likely to exceed $400,000 to move forward with condemnation and an Estimate of Pre-Acquisition Cost is done to show the best case scenario. For eminent domain $400,000.00, revised business plan $47,000, feasibility study $150,000 and then the Haskell proposal at $3.8 million, which will bring the cost to roughly $4.4 million to move forward. Mr. Wamy stated under Conclusion the last sentence, which reads as a result, acquisition through eminent domain of any of the property being studied, in the opinion of our special counsel, Mark Ulmer, is questionable, and should not be pursued at this time. He stated the recommendation to the Board is that they defer further action on the port acquisition project, the Haskell proposal and the Taylor Engineering proposal until the conclusion of the special legislative session to reinstate the $20 million dollars or a new owner is identified. Mr. Wamy explained that also in the packet is a letter from Mr. Aguila indicating that the Florida Seaport is the only viable source of funds to assist with acquisition of this site. He stated the next page in the packet was a memorandum from Dennis Beach, which addresses the following letter from Doug Anderson to Mr. Beach asking about funding through the CRA. Mr. Wazny said that the second paragraph stated that it is possible and appropriate to engage in this activity with funding. He stated that it is also indicated in the 3 \.., second to the last paragraph that the price of the property has escalated through speculation to the point that any proposal that would satisfy existing landowners would not generate the revenue necessary to service the debt on the acquired property. Mr. Wazny stated that he would be skipping the next document in the packet, which was the request for information from Dennis Beach. He stated the next item is an emailed document for the report that follows. Mr. Wazny stated that it is a scope of services to do the needs analysis. He stated to turn to page six of the report to review the cost of doing the needs analysis which has been indicated at $150,000. Mr. Wazny stated the next item in the packet was a letter received today from Mr. Bell indicating that he has two written offers to purchase 52 of the 67 acres, and he also indicated that he has a third offer for the property to be in by next Friday. Jerry Kuklinski asked if County staff has spoken with the people that have made the two offers and feel that they are legitimate offers. Mr. Wazny stated yes. Mr. Kuklinski asked if the buyers had given any indication what they plan to do with this property. Mr. Wazny stated that he thinks that both of them have a component of the Mega yachts since that is a viable customer out there. He stated that he did not know what the component is of the third offer, because County staff has not spoken with them or seen any documents. Mr. Kuklinski asked if any of the components are cargo. Mr. Wazny stated that Mr. Bell has clearly indicated to the Board that 15 acres that he has will be used for port use, which may include cargo. He stated that it is important to note that if we move forward with condemnation of the land for the port, that in order to convince a court that condemnation was appropriate, we would have to as a government entity show the Court that the port would be used for commercial purposes and commerce. Mr. Wazny stated that to do that with a Mega Yacht component would be difficult. He stated that it may be difficult to convince a Judge that this is commerce. Discussion ensued regarding the offers referenced in the letter from Mr. Bell contained in the packet and the re-permitting of the Berth permits. Mr. Wazny answered questions and concerns from Committee members. ~ Ms. Hearn commented on Mr. Bell's last minute opportunities and how the information also comes in at the last minute. She asked Mr. Waznywhatthe appraisals were on the property that the County had done, because this seems like a tremendously wonderful opportunity for Mr. Bell if it is true. Mr. Wazny asked Ms. Smith if she knew what the figures were. Mr. Wazny stated that County staff spoke with the parties and are comfortable that they are appropriately funded to make the deal. He stated that they came to the County independently, the County did not go and search for them, nor did Mr. Bell bring them to the County. Ms. Hearn asked if the buyers had inquired about the Berth permits or wanted proof of them. Mr. Wazny stated that in the original Haskell proposal it provided for a commitment on the part of Government by both State and local of roughly $52 million on infrastructure, which may have gotten the attention of those that would want to use the port. Discussion ensued regarding the Berths and the potential buyers and any information the County may have on them. Charles Grande commented on why he thinks this news is good, instead of bad, for the County and its taxpayers. Chairman Johnson asked if she could get a point of clarification on Berth 1 and 4 and the permits. She asked if part of the 15 acres was included on Berth 1. Ms. Hearn stated that \.., 4 ~ she thought that Berth 1 was. Mr. Wazny stated that he thought that it was immediately adjacent to Indian River Terminal property, which would then be within the 15 acres. Chairman Johnson asked if staff could find out when exactly in May the permits will expire. She stated she thought that this would be critical because there is an administrative action that has been held in advance of the two critical Berths. Pieter Stryker asked Mr. Wazny if he could get a clarification on whether or not condemnation does in fact have a commercial component required. Discussion ensued among the Committee members and the public in attendance as to whether or not the Mega Yacht industry is a commercial activity. Mr. Conklin stated that the Committee would need some clarification from the County Attorney because as laymen they are all speculating right now and under the definition of the Court they may not look at it from a condemnation point of view. Mr. Wazny stated that any development at the port will need to meet all of the requirements of the Port Master Plan and the Comprehensive Plan and pass through the site plan review process with the City of Fort Pierce. He stated that there are a number of check points along the way that must be met before any development can proceed. ~ It was moved by Howard Conklin, seconded by Christine Coke, to recommend to the Board of County Commissioners that it be reconfirmed that the extensions are in no way possible and that full attention be given by staff and the Board of County Commissioners to see what has to be done on re-permitting the Berths. Chairman Johnson stated that she would like to make the motion as precise as possible. Discussion ensued. Chairman Johnson stated that the Committee would like to basically ask staff to look into the permitting situation for Berths 1 and 4 and look into defining Mega Yacht as opposed to the cargo type of application. Discussion ensued. Mr. Souza stated that he would like to know if Mr. Bell could apply for the Berthing Permits on his own. Ms. Hearn stated that she would like to have a special meeting when staff gets information. After discussion Commissioner Coke withdrew her second to the motion in order to obtain information from staff. She stated that the most important information would be to ascertain whether or not the Berths are renewable at this point and time. It was moved by Howard Conklin, seconded by Christine Coke, to recommend that staff look into the extensions of the Berthing Permits and bring it to the attention of the Board, if there is a possibility of extending it with the limitation of Mega Yacht use only. The vote was seven to one in favor of the recommendation. Committee member Jerry Kuklinski voted no. Chairman Johnson asked staff to please look into the recommendation. Chairman Johnson asked if anyone would be interested in having a special meeting on the Berthing Permits. She stated that she thought that they would be gone by the first part of May. Mr. Conklin stated that he had some documents to be placed on file. He stated that he contacted Senator Graham's Office and was sent material on seaports and security. Mr. Conklin asked that the cover of each report be attached to the minutes so that all will know that they are available for use. Jeanne Hearn stated that she would like to request the duties of the Port Director because things have been going on at the present Port and the City has had to impose violations on activities. She stated that there is an ongoing problem there, and the City may need the help \.... 5 ~ \... \... of the County to help monitor. Ms. Hearn stated that she did not know if it would be the Port Director's job or who would need to be notified. She stated that someone needs to be protecting our Community and we need to know who is in charge. 6. ADJOURNMENT Having no other business to discuss, it was moved by Commissioner Christine Coke, seconded by David Souza, to adjourn. The motion carried unanimously by voiœ vote. The meeting adjourned at 4:26 p.m. Missy Stiadle Recording Secretary c: Fort Pierce Harbor Advisory Committee Members: Delores Hogan Johnson, Chairman Gail Kavanagh, Vice Chairman Howard Conklin Councilman Chris Cooper Jeanne Hearn Commissioner Christine Coke David Souza Pieter Stryker Jerry Kuklinski Mary Chapman Board of County Commissioners Dan Mcintyre, County Attorney Doug Anderson, County Administrator Ray Wazny, Asst. County Administrator Don West, Public Works Director 6 .. \.. ITEM NO. C 4£ DATE: 5/27/03 AGENDA REQUEST '-.. )1 \ i REGULAR: ( ) PUBLIC. HEARING: ( ) CONSENT: ( X ) SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN PRESENTED BY: ¿~~1-W~ Public Works Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Resolution No. 03-131 for use of Hàr'Þ~r Pointe property as a temporary dredge disposal site. BACKGROUND: P'lease see attached memorandum. FUNDS AVAILABi~: N/A PREVIOUS ACTION: Please see attached memorandum. ~RECOMMENDATION: Staff recommends approval of Resolution No. 03-131 to provide assurance to the FIND Board that St. Lucie County has a dredging spoil disposal site for implementation of the Taylor Creek Dredging Project, and signature by the Chairman. COMMISSION ACTION: CONCURRENCE: " " o APPROVED o OTHER: "- o DENIED Douglas Anderson County Administrator Review and Approvals .,... . Odglno"ng Dep" (Pub. Wk..) 1t~. . County AHorney: ~ af ( II!! Purchasing: r 0 Parks & Recreation: ) II!! Management and Budget: Þio¿¡/L o Environmental Lands: o Other o Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. \., \..., PUBLIC WORKS DEPARTMENT ADMINISTRATION ',,- J I I MEMORANDUM ,- "^ - - , ~ ,'c-- -"'o'Vixf' ,-, >-"."""""'::":"'~:"""""/""''''''''''/,,"'':'-~''''''i<''::':''''';.:·''·;'¡'.-or«~·" -i'''' , '_"',!,~""~""<"':'.-""~ ''''_·'''''''''~'''~';·_''*'''h' '~.x"-J-,",,:.'.::¡';:""--."_".""/'-='~' '-'M·^'rH'.·.. . FROM: Board of County Commissioners Don West, Public Works Directo~~' 5/27/03 \ TO: DATE: RE: Resolution No. 03-131 for use of Harbor Pointe property as a temporary dredge disposal site. ************************************************************************************************************ BACKGRIDUND: Use of Harbor Pointe: 51. Lucie County has applièd to FIND for grant funds in'the amount of $800,000 for construction of the Taylor Creek Dredging Project. FIND has requestec;l assurance from the County that we have a spoil disposal site available and that we intend to move forward with implementation of the project. \.... The permit application for Taylor Creek contemplates use of the 67 acre Port property or Harbor Pointe (20 acres) as potential spoil disposal areas. (See attached map). Recent events regarding potential sale of portions of the 67 -acre Port property have complicated matters. In the event that the Port property were unavailable for use as a spoil disposal site, the County would have to use the 20-acre Harbor Pointe property as a temporary dredge dispos~1 site for implementation of the Taylor Creek Project. FIND has requested assurance from the County that this would be an acceptable method of handling the dredge spoil material. . FDOT and the City of Fort Pierce have also approached the County requesting assistance for use of the Harbor Pointe property as a temporary dredge disposal site. The City of Fort Pierce is planning to dredge a new entrance channel for the downtown City Marina (see attached permit drawing). FDOT is required to perform dredging work as a mitigation project for construction impacts related to the Jensen Beach Causeway Bridge Project. '-' FDOT is also seeking a temporary storage area to offload materials from the mitigation dredging project. FDOT has offered to haul away the dredged ma~erial to a permanent storage site as determined by the County. Public Works staff will work with FDOT and the, City of Fort Pierce to coordinate the \., Project schedules so that the Taylor Creek Project will not be delayed. Taylor Creek dredging is scheduled to begin in April of 2004, and must be completed by October 1 of 2004 due to a "manatee window" condition as required by FDEP. The attached Resolution NO. 03-131 provides assurance to the FIND Board that use of Harbor Pointe as a temp~rary dredge dispO}fil site will be à,cceptable to St. Lucie County. " PREVIOUS ACTION: \..- 3/9/99 - Approval of Work Authorization #1 f with Williams, Hatfield & Stoner in the amount of $11,000 for preparation of FIND grant. 5/4/99 - Approval of Work Authorization #12 with Williams, Hatfield & Stoner in the amount of $25,220 for spoil site selection process," '. 2/15/00 - Approval of Work Authorization # 13 with Williams, Hatfield, & Stoner in the amount of $86,900 for sediment testing and analysis. . 3/7/00 -Approval of Work Authorization # 14 with Williams, Hatfield & Stoner in the amount of $32,200'fo~ a hydro geologic study of the groundwater at the Seminole property. 5/.1/01 - Approval of Work Authorization #1 with BCI in the amount of $137,000 for design and permitting of Taylor Creek Project. . 8/14/01 - Approval of grant application submittal to FSTED in the amount of $700,000 for Taylor Creek/C25 Dredging and Restoration Project. 2/5/02 - Approval of Work Authorization #2 with BCI in the amount of $33,050 for the Taylor Creek Restoration Dredging Project Shoreline Stâbilization and Improvements Reach 2. 3/5/02 - Approval of Work Authorization #3 with BCI Engineers, Inc. in the amount of $17,500 for cost analysis. 3/26/02 _ Approval of grant application submittal to FIND in the amount of $800,000 for construction funding. 3/26/02 - Approval of grant application submittal to FSTED in the amount of $1,750,000 for construction funding. 3/18/03 _ Approval of grant appliëation re·~ubmittal to FIND in the amount of $800,000 for construction funding. ' . "'. \., I' I;' :_(: \",~ I~ lJ W ß w \w ~ IrY Of RrPHR~I foriJa s U IV ~ (c, \ : / ~....... of' 10..' ! I ~~ UU t~AY 2 0 31}3 ENGINEERING .... May 20, 2003 '-., )1 \ ! OFFICE OF THE CITY ENGINEER TEL. (772) 460-2200, EXT. 143 www.cityoffortpierce.com Donald West, P.E., Director of Public Works St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982 SUBJECT: PROPOSED MARINA NORTH CHANNEL DREDGE DISPOSAL SITE- Oear Mr. West: ~ ~s you are aware, we have applied to FINO for a grant to fund the proposed City Marina North Channel dredging .so we can abandon the existing marina access channel becaus.e of its never ending maintenance. One ofthe requirements from FIND to be resolved before June 1,2003 is to have a City controlled parcel for spoil area or a parcel provided by others through some type of an agreement. Also, we have been negotiating with Mr. Bell to utilize his property for the same purpose, however, he has the property for sale. This will create a negative impaét in our negotiations. We must provide a spoil area to be included in our FIND application before June 1, 2003 and considering the possibility that Mr. Bell's negotiations for the use of his property for this purpose may fail, we need to have an alternate spoil area that we can include in the application within the next ten (10) days. As we understand it, you are in the process of preparing a resolution to be presented to your Commission at their regular meeting of May 27, 2003 for their approval of the use of Harbor Point for your Taylor Crèèk dredging spoil area, as well as for the FOOT spoil area for thèir dredging related to the Jensen Beach Causeway. We are anticipating to start the dredging of the our channel this October 1,2003 to be completed before the the next Manatee season starts in November. We will appreciate very much if you could include the City in your resolution ~o use the Harbor Point parcel as our spoil area to your specifications and conditions. rfyou should have any further questions, please contact either myself or Jack Andrews. ~ cc: City Manager Marina Manager P:\Office\MARINA\NChannel Spoil Area- DON SLC-052003 .wpd Office File:Marina Access Channel CITY HALL . 100 NORTH U.S. 1 . P. O. BOX 1480 . FORT PIERCE, FLORIDA 34954-1480 IIII._~ \1111 , ~ IIIJb5 "ð 111Iy\~ IIIW¡fJ ~ U (1) -IIIIIIIIIIII!I o L.. 0.... e') C -- e') -c~ (1)~ L.. C C ~ c 0 oU .- ~(1) ta.- L.. U o ~ t)..J (1) II ~èi) ~ (1) (1) L.. U L.. o - ~ ta I- r ,L, " ~. ,__1 c~ -J ~~' ; ~,,} := E: F< t~} F -,J (~ --,- --.-.'-.... --.~~-^--~.,'-_._--- SiTE OVERVEW WiTH AERIAL FORT PiER<:E t",\J:,HH--i?, r<OP'7j~ p,C'::=SS CHAt-..rt~t:L DR[D(,)~'~!-C S1C()U;x'TY FLCìf(jO,; Corps # 199340158(IP-TKv\ S 10, T 35s, R 40e Drawing 2 of 10 February 11,2003 RESOLUTION NO. 03-131 \.. A RESOLUTION PROVIDING ASSURANCE TO THE FLORIDA INLAND NAVIGATION DISTRICT BOARD THAT ST. LUCIE COUNTY \ HAS AN·· ALTERNATIVE TEMPORARY SPOIL SITE EOR THE TAYLO~bREEK DREDG~NG PROJECT, IN THE EVENT THAT ST. LUCIE COUNTY IS UNABLE TO NEGOTIATE FOR USE OF THE 67 ACRE PORT PROPERTY FOR STORAGE OF THE DREDGING SPOIL, WHEREAS, the Board 9f ;çounty Commissioners of St. Lucie County, Florida,has made the following determinations: 1: The Taylor Creek/C-25 Canal Restoration Project involves I the dredging of Taylor Cr~ek from the C-25 spillway structure to the Indian River Lagoon. The Port of Fort Pierce is directly to the South of Taylor Creek. ~ 2. The Taylor Creek Project will consist of the removal of Navigation and muck sediment in Taylor Creek to improve navigation and water quality, including sh9reline stabilization. - 3. The Florida Inland Na~gation District Board has requested a 'rèsolution to provide assurance that St. Lùçie County intends to go forward with the Taylor Creek Dredging Project. 4. In the'event that St. Lucie County may pot be able to negotiate for use of the 67 acre Port property for storage of the spoil, St. Lucie County assures the use of the Harbor Pointe site which will satisfy the requirements as a temporary spoil site. 5. Additionally, the City of Fort Pierce has approached the ~ County for possible use of Harbor pointe as a temporary spo~l site \- ~ ~ . . for dredging of the-City Marina channel. FDOT has also approached the County for possible use of the Harbor Pointe site to use as a temporary spoil site for dredging of the shoals ~djacent to Jensen \ Beach Causeway. '-., )¡ 6. This Board believes it is feasible for all three entities to make use of the 20 acre Harbor Pointe site with proper coordination and scheduling. In every case, the Harbor Pointe site will be used in a temporarY' ina,nner for storage of the spoil material. The material will be hauled away once it is dried and processed through the spoil area. I NQW, THEREFORE, BE IT RESOLVED by the BÇ)ard of County Commissioners of St. Luèie County, Florida: 1. This Board does hereby provide assurance to the Florida Inland Navigation District Board that St. Lucie County has an alternative temporary spoil site for the Taylor Creek Dredging Project, in the event that St. Lucie County is unable to negotiate '" for use of the 67 acre Port property for storage of dredging spoil. ........ 2. The Public Works Director is hereby directed to forward a copy of this resolution to the Florida Inland Navigation District Board. After motion and second the vote on this resolution was as follows: Chairman Cliff Barnes xx Vice Chairman Paula A. Lewis xx Commissioner Frannie Hutchinson xx · ..ß. .... _~ \., \.... ~ Commissioner Doug Coward xx Commissioner John D. Bruhn xx PASSED AND DULY ADOPTED this 27th day of Ma¥, 2003. \ . ATTEST: '", BO~ bF COUNTY COMMISSIONERS ST. 'LUCIÈ COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN \ . APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ,. ''-., ~ THE WALL STREET JOURNAL.~ Safe Harbors AbolLL 12 Million ConÚZiners En/er U.S. Ports AnnlwU;¡; Only Get Security Checks By D,\N!EL I\1,\CIL\LAHA -~"----..- CIlIlr[{'s/()¡), S,C. f1NNY DAYS arc the toug-hC'st, Lew How;.J.rd in a ea! marine unit the port of Charleston That's when the seaport is tecming with h\!!Hlrl'ds of VI'SS!'1:;, anyone nf whici1 could pose ,\ threat. <'We're only one bo;1l and one cn'w," 'it nH'mher of a unit in Sheriff's Off[cP. 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Fritz Hollings' Online Oftlce -;' C,' C) M (j!j (d~ ISSUES \.0 C8,'.¡I,'jIITrE::S C;¿;' ..nc::S 0' " (9 @ C[; © e E-MAIj., QFFICES WASHINGTON (202) 224-6121 COLUMBIA (803) 765- 5731 CHARLESTON (843) 727-4525 GREENVILLE _ (864) 233- 5366 http://hollings. senate .gov 1 ! No NEWS ALERTS Today The ~enat-'ª stands in adjournment until April 28, 2003. I AUDIO RECENT INFO: AL¡:RTST RªEASES I INFORMATION 412103 Ho1!ìngs'1:ffort tQ Fullv Fund Port Se<:uri~ils in ~<:mj:t~ ~UMMARY: Holling.?~ Port Secu rity amendment tg Supplemental MATERIALS: Administration FJdm:lLoQ Not Adequate to PLot£;.cJ~ur Polli IJMELINE: The Maritime Transportation Security lli;L2l200 2 L~.f141 3127103 TRANSCRIPT: ti91IinCJs'~..2I.ßith PORT SECURITY At Issue: Bolstering security at the nation's seaports Hollings' Perspective: Sen. Hollings was one of the first MemÞ.ers of Congress to both recognize the dramatic security vulnerabilities at America's seaports and author legislation to improve port security. With Sen. Graham of Florida, Sen. Hollings introduced port security legislation -- S. lZl:L The Port and Maritime Security Act -- long before September 11th, first advancing legislation in the fall of 2000 and reintroducing the bill in the summer of 2001. Hollings' legislation, which was signed into law November 25, 2002, established a basic framework of federal security guidelines for the nation's ports, better coordinates security efforts amongst local port entities and federal agencies, and advances maritime data and information sharing. I MORE I Page 1 of3 ! No live events tc as of 41111 $6,460,792,54 Increase in Fed. since end of FY 200 $232,556,578 s(\- 011 Gf~ Sen. Hollings helped WKJ2LQ.gß 4/18/2003 on ri and UmSm Seaports Fall 20 (\ ~ ! (.... , r-l (~ ! r ¡(; ·r . ') f ¡' lJ . : t ! t \ . ... ! ,..,.;,... .,J.ø.. 10'. ¡ r t ¡ l t ~ ""¡'¢r Febnmry 23, 2001 , FLORIDA SEAPORT TRANSPORTATION AND ECONOMIC DEVELOPMENT COUNCil ~ REPORT OF THE - - I I ','U.S. Seapo August 2000 FLORIDA SEAPORT TRANSPORTATION AND ECONOMIC DEVELOPMENT COUNCIL " , j¡ j¡ \., \. ill" 'I" r f Ii h t,h t of J ri' ,. is' í n rts I . 1000f2001-2004f2005 FLQRIDA rs SEAPPRTS; Dynamic Facilitators of Commerce and Economic Development '" '" \.... )"-..(3-03 Buyers snap up marina condos \..- By GARIOT LOUIMA Palm Beach Post StajfWriter BOYNTON BEACH - Hundreds of people, check- books in hand, swanned the vacant downtown marina property Thursday, clamor- ing to shell out small for- tunes to live a Florida dream - owning a condo on the water. But that dream won't be- come a reality unti11ate 2005, when developers hope to complete construction on Marina Village, a 6.7-acre mix of condos, shops, res- taurants and a marina. Real estate observers say it's not unusual for a project of this size to generate this much interest To sell most of the units in a day, howev- er, is remarkable, especially considering the cost per unit rose steadily throughout the day. For example, the price of a tw<rbedroom apartment facing the Intracoastal Wa- terway was $200,000 to $300,000 early in the day; later Thursday, similar apartments sold for as much as $500,000. "We're overwhelmed by the amount of response we got," said Carlos Rosso, project director for develop- er The Related Group of Florida. Alicia Cervera, president of the real estate company working with the Related Group, said 75 per- cent of the 338 condos at Marina Village were sold by late afternoon. Developers have been talking about building on the marina site for 20 years. De- veloper after developer drew grand plans for a mixed-use project that would spark a total revitalization of the downtown area, roughly five blocks in each direction from the intersection of Ocean Avenue and Federal Highway. Yet nothing mate- rialized. The Related Group bought the site in December and plans to begin construc- tion in November. Several other developers have an- nounced plans to build con- dos and offices in the area. . Among them is former West Palm Beach Mayor Nancy Graham, who is set to break ground later this year. Excitement about the downtown's future and the scarcity of waterfront prop- erty lured 400 to 500 people Thursday, including Jeffrey Johnson and his partner, Michael Keegan, who plan to sell their Delray Beach con- do and move to Boynton Beach. Johnson and Keegan, both Realtors, bought two condos, each for more than $500,000, overlooking the Intracoastal Waterway and the Ocean Avenue bridge. !t~~~~~~ ·~f~/~~d4-. ~ ~~~-&-~~~ /~øwx. ~~~e~ ~ ~ ~ ~~J 1i4A ~~¡;z rJ ud<¡ é'~ .>di: ~ ~. M~~*~ ~j~~ ~. ~l~~·~~~ ~.. \Àr71k-¿ðJu..E ¡,T, ~ \.... . --- ~~_.. '-" ...... .~ ~/ / .'1 ., \.. --INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Douglas M. Anderso.r1, County Administrator D?niel S~ McIntyre, County Attorney C.A. NO. , 03-457 , DATE: Apr'n 25, 2003 SUBJECT:, _f~t of Fort Pierce - Scope of Services - Taylor :- Errgineering Ii: ",' I~ . \. **********~*************************************************************** " . l.ç BACKGROUND: " , \.. ,. At the February 28, 2003 regular meeting, the Board adopted Resolution No. 03-22, a copy of which is attached. In the, resolution, the Board authorized the County Attorney and the County Administrato~ to employ one or more planners or engineers for .the purpose of making recommendations to the Board regarding specific prope,rties that would be necessary for acquisition by the County in order to accomplish +h~ purposes of the port of Fort Pierce Master Plan. " In this regard, staff requested a proposal from Taylor Engineering, the County's port engineers, to perform the required needs analysis. A copy of the proposed scope of services is attached. As indicated, the proposed cost of the analysis is $149,955.00. Funding is available in Account Number 140001-4310- 531000-46503. If the Board determines to authorize Taylor Engineering to proceed with the scope of services on May 6, 2003, the draft master development plan would be presented to the Board on August 291 2003. In view of this timetable, and assuming that the Board determines to/proceed with the Taylor Engineering proposal, staff suggests that the Board defer action on a site specific condemnation resolution until the September 23, 2003 regular meeting, at which time the Final Master Development Plan Report would be presented to the Board. ~ I .\ \..r DISCUSSION: As part of the Board's consideration in determining whether to approve the scope of services proposed by Taylor Engineering,.5taff believes it is appropriate to provide the Board with a status report on the following issues: State CFSTED) Funding; Alternate Fun4ing ~ , I The FSTED board has approved the County's proposed project which includ~s the acquisitìon and part of the costs of infrastructure development of the pafcél owned by Destin.,Beach, Inc. The FSTED apprpval is, however, subject to appropriation of funds by the Florida Legislatqrë. There will be no action taken until the legislature convenes their special session later this spring. At this time, the Legislature has t!0j. funded the County's port project. Based on conversations wifh',FSTED execüt~ve-director, John LaCapra, it appears that the County may not receive,FS,TED funding for the foreseeabJe fufure. Tha County Administrator has prepared añ analysi$ showing ·a stop-gap potential funding scenario for acquisition based on qn assumption that the purchase price for the Destin Beach property will . ,.., , not exceed $12,000,000.00. The County stGff has not identified an alternate funding source in the event the price exceeds $12,000pOO.OO. The County has previously obtaine'd a Final Judgment validating bonds in an amount not to exceed $15,000,000.00. T~e County has also r~quested the Fort Pierce Community Redevelopment Agency to make a financial comt}1itment to the project. Haskell Propò.~al " The Haskell team submitted a comprehensive proposal that, if approved, would cost the County approximately $3,800,000.00 in fees to Haskell. The Haskell Business Plan assumed the availability of the FSTED funds and initially contemplated that Haskell would be at risk in the development of the project. Both of these assumptions have now changed. The Haskell proposal is now categorized as a consultant proposal for a fee - not a development proposal with risk shared by the developer. County staff has requested that Haskell submit a revised Business Plan that reflects the fact that the County currently does not have a commitment from the state to fund the project. Haskell will require a $47;000.00 fee to prepare the revised Business Plan. Potential Private Development \.r The County recently became aware that Destin Beach, Inc., the owner of the 67 acres adjacent to the County's Harbour Pointe property within the study area has received at least two Letters of Intent to sell 52 acres of the 67 acres for $31,200,000. The County Administrator has been contacted by both groups and ':/ / ., '-' the groups have verbálly-confirmed..that thè.-y have sent Letters of Intent to Destin Beach to çJevelop a mega-yacht facility at the port. Destin Beach is in the process of determining which Letter of Intent to select: Assuming a deal goes through, this potentially accomplishes part of the d'evelopment. of the port contemplated by the County. Berth Permits I The FDEP a~d Corps permits for Berths 1 and 4 expire in May, 2003. According to Terry Lewis, Esquire, the County will not be able to extend either p~l"mit. The County can; of course, apply for new pèrmits but this would require the consent of the current ùpland owner (i.e. Destin, Beach, Inc.). The County does not have FDEP or Corps permits for either Berth 2 or 3, areas that are potentially more el'l~i:onmehtally s~sÜi\!e and difficult to permit than Berths 1 and 4. ...-:;- .- Litigátìon~osts . '. ~ ~ . -Th~ Co...unty's liability for payment of lD;,ndowners' costs and attorney's fees in eminent domain is incurred upon the filing of à.condemnation lawsuit. According to the County's special counsel, even under a "best case" sC'rnario, the costs will likely exceed $400,000:00. Estimated Pre-Acquisition Cost Summary Eminent DomJ~~n Costs ("Best Case") ....................................................................... $400,000 Revised Business, Plan ........................................................................................................ 47,000 Feasi bi I jty St'udy .................................................................. ......................... ................... 149,955 Haskell Proposal ............................................................................................................. 3.800,000 Total ....................................................................... $4,396,955 " Conclusion County staff believes that the Board is at a critical crossroad in the project. If the Board determines to proceed with the needs analysis and the Haskell proposal (as ultimately revised), the County will incur sUbstantial costs ($197,000) with no guarantee that the State will provide FSTED funding, that the project will be financially feasible, or that permitting can be accomplished. As a result, acquisition through eminent domain of any of the property being studied, in the opinion of our special counsel, Mark Ulmer, Esq., is questionable and should not be pursued at this time. '-' .¡ '.. ¡ .\ ~ RECOMMENDA TION/èONCLUSIQN: In view of the circumstances outlined above, staff recommends that the Board defer further action on the porf'acquisitiotl project, the Haskell proposal and the Taylor Engineering proposal until the conclusion of the special legislative session and/or a new property owner is identified. '. submitted, 1/· " < " .. ", ,. \¡., DSM/caf Attachments Copies to: Fort Pierce Harbor Advisory Cou~cil Assistant County Administrator ',Dennis Beach, FP City Manager " . Puþlic Works Director . Community Development Director " / / '-' , HPR-24~2003 05:31 / JP t'lJRGA."J ..::ECUR I - I E~ 305 629 3275 P.02/02 UJPMOrgan .\ .\ '--' , - Jr1ðJI1 ? /'/ ~I I . ¡) Í' I ' ~ r-" /!,:{ yV t1 /I c Û fJ~,-li , . Þ 6,r/ C . ¡1fll' ~ 'L{,~.. ~& I" ¡v' I'~}? Í' Percy R. Aguila Vice President Apri1 24.2003 J.P. Morgan Securities Inc. S201 Blue: Lagoon Drive: - Mianû, Florida 33126--2054 305 716-4293 Mr. Douglas Anderson County ~dmjnistrator St. Lucie County 2300 Virginia Avenue Ft. Pierce. F1òrida 34982 , - De:~1r.-Anderson: -:- ..-.-.. I /i:~) , As you requ~stcd; we have reví~wcd the, aYailabl~iunding options that may be . used to finance: tho· purchase of the Bell 'Property (67 acres) and to the best of our knov....lcdge. to the extent that it is avilllable, funding from the Florida Seaport Transportation and Economic DevelÐpment ("FSTED") Program is the only viable source of funds to assist \YÌth the açquisitiOr1 of the site. \., ,. Community Redevelopment Area ("CRA") funding could atso be used to acquire the sit~ but since the CRA is a special district controlled by the City of Fort Pierce, the use of such funds would not bð dire:tly available to the County. , " Without th~,avai]ability of the tWO sources of funding identified above, the o'nly .:r~maining funding vehicles would be direct appropriations from the County . ,budget and/or borrowing through the issuance of bonds supported by the County. . The issuance of bonds could be supported by specific County revenues or through a gene:ral obligation pledge that is ultimately Su.pported by the County's ad -';'a1orcrn revcnU/::s. The voter approved Series 1997 Geneïal Obligation Bonds that closed jn January. 1997 w~rc used for sirrJlar land acquisition purposes, " Please do not hcsitat~ to call if you have any questions or if I can be of further assistance. '" / TOTR.. P. e2 I CITY MANAGER'S OFFICE \... From: INTE'ROFFICE MEMORANDUM) Máyor and Members ofthe ~ity co~miSSion ~ t1 Community Redevelopment Agèn~Y- d \ \ .b 1 J)~ fl cf/ pU Dennis W. Beach, City Manage~ ~ y. 1~ 0 I~ J ;J ~.\ lIT ~ ~r ~'~~/ {i rV:1i To: Subject: Community Redevelopment Agency - Port of Fort Pierce . I Date: April 22, 2003 I have attached a letter from the County Administrato.r reque'sting that the City explore the idea of the Community Redevelopment Agency participating in the funding, acquisition and development of f?roperty within, what they refer to as, the port operation's area. \... There aré a numþer of obstaCles to this proposal, however, it is possible al'1d appropriate for the Community Redevelopment Agency to engage iQ this 'activity. ~Clearly, the City of Fort Pierce and Community Redevelopment Agenci (CRA) are the primary beneficiaries of the development of the port and GOnsequently have the greatest interest in seeing that something successful moves forward. You are,aware of the controversy surroundjng the proposed acquisition of the port and the fact that members of the community are lining up on both sides of the issue. The City and County are in a position.that, regardless of, what we do, will reéeive considerable criticism from the community at large. If we do nothing, the port will develop in an incoherent manner driven by profit, and the City and County governments will be criticized for not acting. If the Commission, CRA and County take steps to acquire the property, we will be criticized for interfering with the free enterprise system, private land ownership, etc. There is no indication ·that current landowners are goihg to do anything other than respond to opportunity and proposals, which so far have produced.liute for the redevelopment of the waterfront and certainly nothing that cQuld be interpreted as being in the public interest. --=,- ..-. The development of the waterfront has not moved forward because decision makers lack the political will to suffer through the criticisms that will result from the public bodies taking charge of the property and its future. The price of the property has escalated through speculation to the point that any proposal that would satisfy existing landowners would not generate the revenue necessary to service the debt to acquire the property. What that means is that the only reasonable alternative, if the public has an il"lterest in the property, is to proceed with condemnation to ensure that the property is purchased at a fair/market value. The consequences of that action will be more controversy and conflict. If we do nol have the political will to push it through, there really is no reason to consider it further. This is being brought to your attention for your consideration, and if you feel further discussion is warranted, please advise. ~ DWB:jdr cc: Douglas M. Anderson, County Administrator !~=::-::-- I! ,., I :s 1--:1' -¡;-----_ , . I,) . '- 1,.- , :; r: ,. - '--'. I · r=-;:.;.:__L~ I;' ,.-. - ¡ r ') ;~-;-1j:_I' . I' I ~'L I APR 2 /1 ?o I ~ ~03 I _. Attachment ì I.. I \..- ßOARD OF COUNTY COMMISSIONERS COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON March 20,~2003 -~-~\~'-~- R 'c. ~.J /110·' ;:: :-' ·r~f·J!~..~. ..--~ ..._-~ MAR 2 11: 2U03 Mr. Dénnis Beach Fort Pierce City Manager P. O. Box 1480 Fort-Pi~fce, Fiorida ~5§JQ4-1480 CiíV Gf ¡::~. :::¡::~r:;: . . '... ;.....;"'" '-~...:,.:-; .....;- :~iT'( ~¡1.~dAbER ~ Ltrl ~;: , RE: P,çrt' òf Fort pierce ( . \, '. ~ Dear Dennis: ~ ,~ '- This letter win serve to confirm our recent telephò'ne conversation wherein I requested that you explore, with the appropriate City officials·, the conc~pt of the City's Community Redevelopment Agency (CRA) participating in funding the acquisition and development of property within the port operations area. Ç>w your thoughts on this issue.' " DMAlcaf Copy to: Board of County Commissioners Ray Wazny, Assistant County Administrator / Dan Mcintyre, County Attorney / Don West, Public Works Director M. Ulmer, Esq. '-' JOHN D. (\I\UHN. Disrricr No.1. DOUG COWAI\D. Disrricr No.2. PAULA Ä. LEWIS. Disrricr No.:} . Fl\ANNIE HUTCHINSON. Disrricr No.4· CLIFF (\AI\NES. Disrricr No.5 Counry Adminisrroror . Douglas M. Anderson 2.300 Virginia Avenue . Farr Pierce, FL .34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428 FAX (772) 462-1648 · email: dauga@co.sr-Iucie.fl.us ·¡ '.. ¡ Page 1 of 1 ., . .\ \. Daniel McIntyre - re scop~ of services JIm1f:w!- ~..,~_..._~~ -- :3.sT.r.....,."..,..""-~~_~."..., 1_ _~.. ."-"oz~~ ,. r. .:Ji."~. ~.--..-.~ ~;...... Q~~ From: To: Date: Subject: cc: "Otavio'Sayao" <osayao@taylorengineering.com> . <douga@co.st-lucie.fI.us>, <danm@co.st-lucie.fI.us> ^ 3/14/20032:44 PM re scope of services <mark@uhslaw.com> Gentlemen / This is with, reference to our scope øf services and cost table for the' Update of the Port of Fort Pierce MaS,:ter Development Plan submitted today (previous email). '. . : ~ The cost -breakdown per ta$.indtJded in the document was estimated from quotationÚèceived þy our SLltH9J1SlJltants. These quotations did not include a breakt:tqwn,by task.,-ihus,. the allocation of fu~ds betvyeen tasks> is subject to future modtfications',but the tot~1 cost is not. ::: Thank you.' . Sincerely .ç " , , (' ~ Otavio Otavio Sayao, Ph.D., P.Eng. Taylor Engineering, Inc. 9000 Cypress Green Dr., Suite 200 Jacksonville, FL 32256. (904) 731-7040 . I" fax (904) 731-9847 osayao@tayloreng¡neering.com " , . ,~ -,,' / } ~ . i ,'I, ~. . \\' \ / J \w :.' Daniel Mcintyre -Scope of Services 3-1~-03.doc Page 1 ! ., \.... .\ Scòþe of Services Update of the Port of Fort Pierce Master Development Plan For the St. Lucie County Board of County Commissioners ~ Objective: The objective of this planning acUvity is tòupdate the Port of Fort Pierce ," r' . Master Development Plan prepared by CH2M Hill in September, 1986 and updated by Post, BuS~I~y...._Schuh & Jernigan in January, 1990. Since the last update the . , port. of Fort P.i!Úce-port Authority has been abolished and the St. Lucie County /," .,.' , '. . '. ~ BoarGl of County Commissioners sits à"~ the Port Authority. A community charrette was held in 1996 from whi~h a vision of the Port was developed. Two referendums . wer~'heíd in that time period. In one, the 'þublic voted to shift the use of the Port , , from cargo t? a mixed-use Port w;ith recreation, commer~ial and industrial uses. The second referendum approved a bond issue that was used to acquire approximately 20 acres of land known as the Cotton Property. In November 2001, the St. Lucie Board of .County Commissioners adopted the 2002 Master Plan for the Port of Fort Pierce,"~s required by Florida's growth management laws. The Master Plan was adoptécj "as part of the Coastal Management Element of the County's "- . ' Comp,rehensive Plan and has been found to be consistent with the State's Comprehensive Plan and the Treasure Coast Regional Planning District's Regional Policy Plan. The Port of Fort Pierce Master Development Plan needs to be updated to reflect the current conditions and policies affecting Port development. Under the Florida Growth Management program, the Comprehensive/ Plan is the single guiding ./ document for all development activities. Any future development of the Port must be consistent with the Comprehensive Plan. Therefore, the Master Development Plan must be consistent with the County's, as well as the City of Fort Pierce's Comprehensive Plans. '-' In addition, the Master Development Plan needs to be reviewed to determine . ' - / i Daniel Mcintyre - Scope of Services 3-14-03.doc . .\ .\ '-- consistency with current Federar,· State, regional and local regulations. For example, since September 11, 2001 requirements for Port security have been strengthened greatly.. the updated Ma?ter Oévelopment Plan will identify what improvements: 1) are needed to implement the Port of Fort Pierce Master Plan, 2) that would further the ,'public purpose of improving the Port of Fort I?ierce, 3) that are essential to the economic welfare ~rJhe inhabitants of St. kueie C'ounty, 4) that will promote the . . r" # economic, commercial, industrial, and residential development of the County, 5) that are 'necessaLY fo¡..the use of shipping and other transportation, and 6) that are .. ·.pe,cessary for ~~heCllth, convenience, comfÇ>rt and welfare of St. Lucie County and I, ~ \'. . - ~ it's iñhabitants., The updated Master D"è~elopment Plan will also be used by the St. tucie County Board of County Commissioners to identify property needed to be , ~ ' . acquir~d by donation, purchase, exchangè'pr eminent domain to carry out those purposes. (" ~ Proiect Area: For the purposes of this study the Port of Fort Pierce is defined as that portion of the mainland between the north and south A 1A causeways, from the . ' . Indian ~iver Lagoon shoreward to the Florida East Coast Railroad north of Taylor Creek i3n'd to US 1 south of Taylor Creek including the right-of-way of Taylor Creek to th~ w'ater control structure located west of US 1. Particular attention will be paid to specific properties as depicted in exhibit "A" of Resolution No, 03-22. Scope: Task 1. Conceptual Development Plan, A conceptual development plan consistent with the 2002 Master Plan, the physical and environmental conditions of the port and the surrounding area, infrastructure (water, sewer, transportation, stormwater .' management, electricity, telecommunications) requirements, and the land requirements of the various proposed uses as contemplated in the 2002 Master Plan will be developed. This conceptual development plan will be submitted to the St. Lucie County staff for review and comment. The conceptual development plan will be revised based on the staffs comments and the remaining evaluation will be '-' Port of Fort Pierce Master Development Plan Update March 10, 2003 Scope of Services Page 2 Page 2 " , ! Daniel Mcintyre - Sc;'pe of Services 3-14!03.doc Page 3 . .\ ,-,I I 1 I I i ! I I I I .\ based on that plan. Task 2. Update Chapter 2 Historic Perspective. Chapter 2 of the 1986 Master Development Plan will. be updated to include the results of the 1996 Charrette and thè 2002 Master Plfln. This Chapter will be expanded to include an overview of the 2002 Master Plan, the City of Fort Pierce Comprehensive Plan, the City of Fort Pierce Land Development Regulations, and the local Community Redevelopment Agency's Redevelopï:oent Plan. ' - , - .i i i ! I ! i I ! '-" Task 3. Update Chapter 4 Facilities Development. Conceptual, schematic site plans will be prepãlS!éC1Gr the undeveloped portions of the Port consistent with the 'óÖnc~ptual devêl;;~entplan, the 20Q2 Master Plan, ~and the City of Fort Pierce . . . Land Development Regulations. Thesé. site plans will include conceptual facility layouts to show the area requirements for each proposed use. Based on the , ' conceptual development plan and the conceptual site plans, infrastructure needs will . (. be identified ånd conceptual plans developed. The following infrastructure facilities will be evaluated: I I I I· I i internal road network, within the port área; " m'qr.ine structures such as bulkheads, aprons, fenders and bollards; ., " shore'line treatments along the port waterfront edge; port utilities, potable water distribution, electrical distribution; and natural gas. telecommunications network; wastewater collection, stormwater management, ./ ./ dredging for berths and turning basin, and _ dredging material management needs. ~ Off-sites facilities will be evaluated to determine if there is sufficient capacity for the off-site transportation, potable water supply, treatment, and distribution, Port of Fort Pierce Master Development Plan Update March 10, 2003 Scope of Services Page 3 ¡ I I J ~.: . , ¡ Daniel Mcintyre - Scope of SeNices 3-14-03.doc Page 4 ..\ .. '- wastewater collection, treatmènt and disposal, electrical production and transmission, telecommunication facilities, and gas production and transmissipn. An opinion of ·probable costs ·will be provided for on-site and off-.site _ infrastructure improvements, as wèll as dredging and spoil disposal. The cost of I facilities to be built by third parties such as port tenants will not be included. -Following this task:, the conceptual developmenLpla~. (Task 1) will be updated to include a proposed"phasing schedule, to include a short-term plan. In addition, . . ~ - required improvements for safety considerations 'will be evaluated, such as security needs for the._carge> area and berths and a general discussion of security for mega '. Xacht facilitie~--~·-=--- , ~ .. " . ~ " \.- Task 4. Update Chapter 3 Economics. '··:rhe demographics of St. Lucie County, the current regional, county and city development policies, commodity flow, and , ' estimðtes of the net economic impacts of thè. recommended port improvements will (" be reviewed and updated. The Port of Fort Pierce share of the future projected commodity flow within the State of Florida will be estimated. The costs for land acquisition and improvements developed in Task 3 will be utilized in this evaluation. . . . . This up;~ate will include an allocation of costs and the ability to pay those costs. '. Task 5'. . Üpdate Chapter 5. Inland Transportation Facilities. The description of the . . curre~t upland transportation facilities within St. Lucie County (roads, rail, and airport) will be updated to reflect current conditions. Future plans for those facilities, when known, will be included. " Task 6. Update Chapter 6. Financinq Alternatives. Alternative Federal, State, Regional and local financing alternatives will be identified and described. / Task 7. Update Chapter 8. Environmental Analvsis Summary. Chapter 8 will be updated based on the conceptual development plan developed in Task 3. This Chapter will include: discussion of potential environmental impacts, and environmental permitting issues. ~ Port of Fort Pierce Master Development Plan Update March 10, 2003 Scope of Services Page 4 . , ~. . I Daniel Mcintyre - Scope of Services 3-14-Ó3.doc ." . ., ., '-'i i - I . I . I i i I I I I I The environmental analysis work will be coordinated with Mr. Terry Lewis. Task 8. Preparation· of Draft Master ~evelopment Plan. 5 hard copies and one electronic copy (MSWord format) will b~ provided to St. Lucie County. Task 9. Meetinq with St. Lucie County Staff. The following meetings are proposed: A kick-off meeting at the St. Lucie County's office; A meeting at the office of the County's Eminent Domain attorney; _ One meetinJ!. with the St. Lucie County staff to review the Conceptual .....:'- .-" DevelopménIÞla n; 0. -:_.- /i" fO' ,C " '. One mee~ing with the St. Lucie.·~ County staff to review the findings - < recommendations of the draft Master Development Plan. ~ ' , and \.- Based' on the comments received at that meeting the draft Master Development . (. Plan will be revised and 10 hard cópies and one electronic copy will be provided to StLucie County Board of County Commissioners for further review and comments. Task 10. Workshop with the St. Lucie Coun,tv Board of County Commissioners. Based on, the direction received for the Board of County Commissioners, the draft Master Pevelopment Plan will be revised and presented during a Workshop to be "- condu.cted aUhe St. Lucie County. Task 11. Final Master Development Plan. 10 hard copies and one electronic copy of the Final master Development Plan will be provided to St. Lucie County. Chapter 7 of the 1986 Master Development Plan will not be updated or revised. Schedule: The work covered by this scope of work will be accomplished in the following phases. ~ Phase 1: Task 1 will be completed in the first phase. The conceptual development plan will be presented to the County staff by March 31, 2003. The County will provide comments by April 7, 2003. Port of Fort Pierce Master Development Plan Update March 10, 2003 . Scope of Services Page 5 Page 5 I i I I I I ! t I [ I I I I I I I l ¡ ¡ f ¡ I , I Daniel Mcintyre - Scope of Services 3-14~03.doc ; ,. Page 6 ' ---..----- . ,\ ,\ í . I '-' ; I \ -.' .\ Phase 2: Tasks 2 through 8 will be cÒ'mpleted inJhis phase, by April 28, 2003. We will provide to the County 10 hard copies and one electronic copy of a Draft Master Development Plan a·ndthe necessary· financial information for further decisions to be made. Phase 3: We will-present the Draft Master Development Plan at the Board meeting . o( May 5, 2003 (Tas~ 10). After that, the Final Master Development Plan Report (Task 11) will be com,pleted by June 30, 2003. < < . . '-' AdditiQnal meetings with the County staff or the Board of County Commissioners will . 'be done on an 1i6u;~-basjs. .. 1 _._" 1 Ii: i'" , . '- -, ~ For" thè. purpos~~ of this study the 19s'~. Master Development Plan and the 2002 . Master Plan will be the controlling documents. This Master Development Plan shall . {~ ' ,be consistent with the 2002 Master Plan. The, 1990 Master Development Plan and , ' the 1996 Char~ette will only be used referencè purposes{This Master Development ; . Plan should be consistent with the City of Fort Pierce Comprehensive Plan, the City's Land Development Regulations,·and the Community Redevelopment , , Agency's Redevelopment Plan. Where -the Master Development Plan is , inconsistè~t with those documents, such inconsistencies shall be identified. " Cost.Breakdown: Task Labor ODe I $13,950 $2,465 II $7,670 III $30,100 $3,050 IV $4,300 V $5,700 VI $11,530 $1,000 VII $13,400 / VIII $14,550 $1,490 / IX $15,450 $2,760 X $7,850 $1,490 XI $13,200 Sub-total $137,700 $12,255 Total $149,955 \r Port of Fort Pierce Master Development Plan Update March 10, 2003 Scope of Services Page 6 FROt1 : BELL \.r \.- '--' '. j FAX 'NO. : 5613437073 Apr. 25 21303 09: 34Ar'1 °1 J.I::.!~ .1U:: :'J~!Il..l i'\:t.,',,: j';L\-~,~d~ f.Íllx ~¡,:~\.'~t' '!'~': ~J~..'¡Y~-:. iA;:~~ 1;'='1 .:'. :I'':l ,\ .\ April 25: 2003 D~mn Beaeh, lnc. bat Hi4JU'# RiUt Driw Pori St.~I.uCi., n .149'.1 ~)JlJd /I") t{ þCL .r," ffll , J'vP1 vJ ~ V\ ~(fr,J ~ ~.~ ,) y-1 ~ rill ~UJ {'o Mr. Douglas AndérSM. County Admí1istrator r St. Lucie County. Florida . /-,. I .- Óea'r·Sir; " '. '. t Tjl!s Is to confirm that I now hold two written offers to purchase 52 acres of my 67 aores at th~ Port. I bQlIeve that you have talked with both of the5e parties. In addition to thp. two written, offers, I am told by a reþ~esentative of Capital Merchants Sank. Felix. to exp~ct by next Friday an offer and expanded written plan from their bank in combination with Citjçorp. , Th.e offering prices and terms have been acceptable to me and my big conside¡ation is that we sêl~t the right principals for this mo~ far rêaching and important yenture, " Sinòerely, Destin Beach, Inc. ~¿77/ ßd!è Lloyd Bell " " , ' ': / . ., \...r ." .\ AGENDA REQUËST· ITEM NO. 6f D~TE: February 18, 2003 REGULAR [] PUBLIC HEARING [XX] CONSENT [] , - , - TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~- ..-.-" 'SUBMITTED' BY(Df;PT): CoúbfY·A=ttorney '././- .,.' . . . ¡{ . '. \'. þaniel S. McIntyre C~unty Attorney SUBJECT: '. Port 'Of F..ort Pierce - Resolution No. O~-22 - A Resolution Authorizing the Acquisition 'of P~operty within the Port of Fort Pi~r:ce Project by Donation, Purchase or Eminent Domain / \... BACKGROUND: See attached memorandum.. . ' '- FUNDS AVAILABLE: PREVIOUS ACTION: . RECOMMENDATION: Staff reëommends that the Board adopt Resolution No. 03-22 and aut~orize the Chairman to sign the Resolution. / ./ COMMISSION ACTION: ~ "[XI APPROVED [ ] DENIED [ ] OTHER: Approved as amended with additional language to add as in "Exhibit A" (4-1) Hutchinson No '-" Review and Approvals County Attorney: Management & Budget Purchasing: "_~....:.."",+;..,, f"\.,,,,t Public Works Dir: County Eng.: ¡ " " " \.. INTER-OFFICE .MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County C~mmissioners FROM:- Daniel S. McIntyre:, County Attorney C.A. NO. 03-170 .. D'ATE: F~þruary 14, 2003 I /.,." ,.' ¿ , Port of Fort Pierce - Resolution No. 03 - 22 - A Resolution -:_~~Ål:ltho.rizing the Acquisition of Property within the Port of ,--- ·-r-õrt Pierce Project by Donation, purchase or Eminent Domain '. ' ;5UBJECT: . ' .. . *****~******************************************************************** .ç " '. BACKGROUND: (. '-" Attached is a copy of draft Resolution No. 03-22 which, if adopted, would authorize the acquisition of property within, the Port of Fort Pierce Project by donation, purchase or eminent domain. The resolution also directs the County Administrafqr/County Attorney to identify specific parcels needed to implement the Port of Fort;Pi~rce master plan and present those parcels to the Board for further " action withi~ sixty (60) days. The County's special counsel, Mark Ulmer, Esquire, will present the Resolution to the Board. RECOMMENDA nON/CONCLUSION: Staff recommends that the Board adopt Resolution No. 03-22 and authorize the Chairman to sign the Resolution. .', \.. DSM/caf ¡ .. ..\ .\ '-' RES'bLUTION NO. 03-22 A RESOLUTION OF THE BOARD OF COUNTY COìVIMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, DECLARING THAT THE P:UBLIC ACQUISITION OF REAL PROPERTY FOR THE IMPLEMENTATION OFTHE PORT OF FORT PIERCE MASTER PLA1'{ AND FOR THE IMPROVEMENT OF THE PORT OF FORT PIERCE AND FORT PIERCE HARBOR IS FOR A PUBLIC PURPOSEj DELINEAJ1NG THE BOUNDARIES OF THE PORT OF FORT PIERCE TO BE CONSIDERED FOR PUBLIC ACQUISITION FOR SUCH PURPÓSÉj AUTHORIZING THE ACQUISITION OF REAL PROPERTY BY DONATION, pURcJràš.E, EXCHANGE OR EMINENT DOMAIN '''ITHIN 1/,/ THE pELlNEATED PORT 9FFORT PIERÇEBOUNDARlESj , '. PROVIDING ANEFFECTIV~ DATE. - , \VH~RFtAS, by numerous Special Acts".the Legislature of the State of Florida (the , ' '-' "Legislature") has repeatedly found and d,etermined that the acqll!:Ísition, construction, maintenance , and improvement of commercial facilities at Fort Pierce Harbor is essential to the economic welfare of the inhabitants of St. Lucie County; will promote the economic, commercial, industrial and " " residential develdpment of St. Lucie County; will accomplish an essential public function; ~s necessary for .the use of shipping and other transportation; is necessary for the extension of the commerce of the State of Florida and of St. Lucie County; and, is necessary for the health, convenience, comfort and welfare of St. Lucie County and its inhabitants; and, \VHEREAS, in 1923, the Legislature created a Special Taxing District in St. Lucie County ./ / known as the Fort Pierce Inlet District, which has been succeeded over the years by the Fort Pierce Port District (1929), the Fort Pierce Inlet Di$trict (1943), the Fort Pierce Port Authority (1947), the Ft. Pierce Port and Airport Authority (1961) and the St. Lucie County Port and Airport Authority \... (1989) (the "Port Authority"); and, " :.' / ,\ .\ ~ \VHEREAS, by rÙimérous Speciål Acts, tKe Legislature has repeatedly delegated to the Port Authority and to its predecessors over the year:s the power of eminent domain to acquire all property determined, in the discretioriofthe Port Authority, its predecessors or its successor, to be necessary for the con~truction, maintenance and improvement of commercial facilities at Fort P"ierce Harbor or to otherwise assist in ~erving commerce using Fort Pierce Harbor; and, , , . 'WHEREAS, in 1995, in a cooperative arrangement b~tween the Port Authority, St. Lucie < . County and the United States of America~ the Fort Pierc~fÍarbor entrance, channel and turning basin were~t~dged to a dep1Itó~~~ feet at great public expense to facilitate the development of the Port 'Ii" ,.' , of Fort Pierce'and Fort Pierce Harbor; and, ~ '. '. ,\VHEREAS, in 1998, by Special Act of tne Legislature, St. Lucie County, a political . { "'" , subdivision of the St:¡ite of Florida (the ':County"), ,succeeded (the Port Authority, assumed the ~ powers of the Port Authority and was charged witt accomplishing the purposes for which the Port Authority and its predecessòrs had been created; and,'. I \VHEREÀS., with extensive public input, the Port Authority and the County, each in its tul1,l, have studied 'and planned for the development of the Port of Fort Pierce and the construction, maintenance and improvement of commercial facilities at Fort Pierce Harbor, and have identified privately owned properties to be considered for potential public acquisition; and, \VHEREAS, such study and planning has resulted in the Port of Fort Pierce Master Plan, / ./ adopted on November 12,2002, by the Board of County Commissioners of St. Lucie County (the "Board") by Ordinance No. 02-014 as an amendment to the County's Comprehensive Plan and determined by the Department of Community Affairs of the State of Florida to be in compliance \... \vith State law as of January 15, 2003; and, I ,\ .'\ \.- .\ WHEREAS, not\i¡ithstan~ing alI"of the fpregoing, there remains within the Port of Fort Pierce study area significant real property in..private o\vnership that has remained throughout the years predominantly vacant .and unproductive land, constitutingan impediment to the constnlction, maintenanc_e and improvement of commercia(facilities at Fort Pierce Harbor; and, I \VHEREAS, the County has been further delegated the power of eminent domain by virtue / of Se~tións 127.01, 159 .03( 4-) and 315.03, Florida Statutes;to aç:quire, construct, operate, maintain , - and improve projects and port facilities s~ch as those cónt~mplated by the Port of Fort Pierce Master Plan-~o.r the Port ofFQ:DP'~Ïce and Fort Pierce Harbor; and, '/i: .,.' . . . .,¡ \VlÍEREAS, by Resolution No. 02-13~, the 'Board has authorized the issuance of Port Revenue Bonds te fund the public acquisition real property within the Port of Fort Pierce, which .' " ~ , action of the County w,as determined to be f~r a public purpose and was approved by Final Judgment rendered by the Circuit Court, 19th Judicial Circuit, in and for St. Lucie County, in case no. 02-CA- 000735(OC), on July 22, 2002, and the time for taking any appeal therefrom has expired without " . any appeal having ~een taken; and, " WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, desires to delineate within the Port of Fort Pierce study area the boundaries within which the County's acquisition of real property by donation, purchase, exchange or eminent domain \vould be appropriately considered; / / NO\V, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, THAT: Section 1: The above recitals are true, correct, ratified and hereby adopted by this \... reference. I ., '-' ., ., Section 2: Thè Board of County Com):nissioners of St. Lucie County, Florida, hereby detennines that the County's ownership ancL~ontrol or some or all of the real property within the proj ect boundaries depicted in the attached Exhibit "A" would be consistent with the implementation of the Port _of Fort Pierce Master Plan; \vould .further the public purpose of improving the Port of Fort Pierce and Fort Pierce Harbor; is essential to the economic welfare of the inhabitants of St. , Luci~ .County; will promote.~he economic, commercial, industrial and residential development of r " St. Lucie County; will accomplish an essential public fun"ction; is necessary for the use of shipping and other transportatiõÊ~lš.ñecessary for the extension of the commerce of the State of Florida and - ' ~- -' 1//' ,.' \ '. . \, .,¡ .. ofSt. Lucié COunty; and, is necessary for the heâ.1th, convenience, comfort and welfare ofSt. Lucie , . County a~ its inPiabitants; , , , Section 3: . The Board of County Commissioners of £t. Lucie County, Florida, hereby ; ~ authorizes the acquisition of real property within the proj ect boundaries described in the attached Exhibit "A" by donation, purchase, exchange or eminent domain. " Section 4\' The County Attorney and County Administrator are authorized and directed , '- to employ on·e or m·ore planners, engineers, real estate appraisers and such other experts as they detennine to be appropriate for the purpose of making recommendations to this Board regarding specific properties and specific estates in those properties that would be necessary for acquisition by the County in order to accomplish the public purposes set forth above in this resolution. ./ Section 5: ./ The County Attorney and County Administrator are directed to report back to this Board within sixty (60) days with recommendations regarding specific properties and specific estates in those properties that would be necessary for acquisition by the County in order to '- accomplish the public purposes set forth above in this resolution. , I , ¡ ,I 'I \.- 'I Section 6: The' éÐunty Attörney and County Administrator are hereby authorized and directed to take such further actions as are, reasonably required to fully accomplish the purposes herein directed. Section 7: This resolution shall take effect immediately upon passage. After motion and second the vote on this resolution was as follows: Chairman Cliff Barnes ;XX " Vice-Chairman Paula A. Lewis" - XX . I --:..ÇOrnmissioner Frannie Hutchinson XX . -.-'" 1/1' ~ Commissi~ner Doug CÓ\yard " " XX , ... Commissioner John D. Bruhn XX \.- PASSED ~D ADOPTED TH,IS COUNTY, FLORIDA. ATTEST: , , . DAY OF FEBRUARY, 2003, at ST. LUCIE " BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA " " BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO LEGAL FORi'Vl AND CORRECTNESS: / / COUNTY ATTORNEY ....... i "'ite Ma , \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ .J'~I"-'''':' ~ uarr I ~ I 'PrU ,::;FVI. -. JIÇ. v.rr T\J"""'·~ =A.S~ t: ID :r: >< UJ " St " .s;>¡q.q1/1 \.., FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting March 28, 2003 Convened: 3:06 p.m. Adjourned: 4:39 ~ This meeting of the Fort Pierce Harbor Advisory Committee was held Friday, March 28, 2003, at 3:06 p.m. in Conference Room #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. Members Present: Delores Hogan Johnson, Chairman Gail Kavanagh, Vice Chairman Howard Conklin Jerry Kuklinski Pieter Stryker David Souza Commissioner Christine Coke Members Absent: Jeanne Hearn Councilman Chris Cooper Also Present: Missy Stiadle, Recording Secretary Ray Wazny, Assistant County Administrator Heather Young, Assistant County Attorney Ja'net Pentz, Executive Aide to Commissioner Bruhn Bob Bangert, Conservation Alliance Robert P. Anderson, Resident (Indrio) Mike Monahan, Sheriff's Office AI Westerman, Homeland Security - US Customs Bob Waters, US Department of Justice US Attorney Shirley Burlingham, North Beach Homeowners Association Dan Conroy, South Beach Association Liz Flaisig, The Tribune Ed Battnglin, Customs and Border Protection Randall Brungot, Customs and Border Protection Mark J. Mello, U. S. Coast Guard, Fort Pierce Station Rick Hersey, USCG Station Fort Pierce Lt. Michael 1. Lingaitis, USCG Marine Safety Detachment Jim Reeder, The Palm Beach Post \., \., 1 AGENDA \.... 1. ROLL CALL Roll call was taken 2. PUBLIC COMMENT There was no public comment. 3. APPROVAL OF THE MINUTES OF THE FEBRUARY 25, 2003 MEETING It was moved by Howard Conklin, seconded by Gail Kavanagh, to approve the minutes of the meeting held February 25, 2003; and the motion carried unanimously by voice vote. 4. CUSTOMS AND IMMIGRATION SERVICE - SECURITY MEASURES AT THE PORT Commissioner Coke stated that everyone has had a lot of questions the last couple of months and have not been able to get any follow up information. She stated that she had written a letter about six weeks ago and told everyone at the last meeting she would get them a copy of the letter and the responses. Commissioner Coke stated that instead of bringing a copy of the letters, she had brought AI Westerman, Homeland Security United States Customs Department, to come and speak along with a group of other gentlemen who would address all of their questions. '-' Mr. Westerman stated that he is the Resident Agent in charge of the Bureau of Immigration and Customs Enforcement, which is run under the Department of Homeland Security. He stated that he received a letter from Commissioner Coke and as a result has had a number of conversations, which is why they are here today, to give everyone a rough idea of who they are and what is going on as a result of 911 on the Treasure Coast, on the Federal side, and to a certain degree on the State and local law enforcement side, as far as terrorist related activities or whatever. Mr. Westerman stated that he is now a part of the Department of Homeland Security and before 911 was a part of the United States Customs Service Office of Investigations. He explained to the Committee that prior to September 11th, they basically had five priority investigative program areas and explained each one of the five. He stated on September 12th their agency was quick to react and the priority investigative program areas now are #1 terrorist related investigations, #2 terrorist and money laundering related investigations and #3 was terrorist investigations. Mr. Westerman stated that they are really dedicating resources to terrorist related activities and in that the Customs Service has initiated an operation known as Project Shield American where we were basically tasked to go out and talk with people in the industry specifically dealing with technology, weapons of mass destruction or anything of that nature that could harm our homeland. He stated that fortunately we do not have a lot of industry in this area that deals with critical technology and weapons of mass destruction so we tailored our presentations to other industries and also to things that are unique in our five county area. Mr. Westerman stated that he sent people out and they talked to a lot of people in the citrus industry and the big concern from the citrus industry was canker. It was very educational to find out how serious the canker problem could be. He stated they talked with the people in the dairy industry, and cattle industry. The one thing that was unique to the five counties is the relationships that existed before '-' 2 ~ 911 and the ones that exist today between all of the State, local and Federal agencies. Mr. Westerman stated that it is a unique area and he is very happy to say that everybody gets along. He stated that since 911, the Federal Government has established a number of joint terrorist task forces in our area, which is run out of Miami. Mr. Westerman stated at the same time under the umbrella of the State of Florida, and basically under the Govemor, they have established a number of domestic security task forces in which all of the State, local and Federal agencies participate in and all are geared towards addressing any issues of terrorism and domestic security. He stated that he would like to give everyone from the different agencies an opportunity to address some of the things that are unique to them. ~ Mr. Westerman introduced Randall Brungot, Port Director out of West Palm Beach Customs and Border Protection and Ed Battnglin, Supervisor of the St. Lucie International Airport for the Customs and Border Protection. He stated that he thought that they were in a much better position to address specific issues regarding vessels coming into the Port of Fort Pierce and the airport. Mr. Westerman stated that he wanted to make everyone aware that St. Lucie International is probably one of the busiest if not the busiest private international airports as far as foreign arrivals in the United States. Mr. Brungot stated that he represents what is called the Bureau of Customs and Border Protection formerly known as the United States Customs and the United States Immigration and Naturalization Service and Agriculture. He stated he went to Washington the week before March 1st to be part of a March 1 st Committee to basically decide what will happen on March 1 st when the three former inspection agencies become one. Mr. Brungot stated that there is no doubt that this happened because of September11th. He stated that he has been designated as the Interim Port Director for the three inspection agencies as you previously knew them, so where he was previously concerned with just customs matters, he is now concerned with immigration matters and agriculture inspection matters. Mr. Brungot stated his office is in West Palm Beach but he covers the five county areas of Palm Beach, Martin, St. Lucie, Indian River and Okeechobee. He stated that port of arrivals include West Palm Beach International, Port of Palm Beach, St. Lucie and what is called the Harbor here, which is really private terminals. Because they are not county organized, they are not owned by the state or a local civic port, they are privately owned terminals. Mr. Brungot stated that Indian River Terminal is increasing its presence here and there are more shipments coming in. He stated they met with them about eight to twelve months ago and they projected what they wanted to do. Mr. Brungot stated that their activity is mainly export related and they are mainly shipping right now out to the islands. He stated that what we see coming back in is largely empty containers, nothing really significant yet. Mr. Brungot stated that he did not know if this port would become an import port at this time. Mr. Brungot stated that they are meeting with folks to make sure that security measures are being put in place for their locations. He stated that when Florida Department of Law Enforcement was getting rolling with port security measures, they met here at the county facility with other agencies on port security, but basically all of that port security enhancement and oversight that FDLE is doing is for the deepwater ports in the State of Florida, which Fort Pierce is not a part of. Mr. Brungot stated that the reason is because the large parts are not Government operated terminals. They are privately owned terminals and therefore a lot of the rules, regulations, and laws that apply to the Port of Palm Beach, Port Everglades, Miami, Jacksonville and others around the State of Florida do not apply to this port, so that the actual security that is in place down at Indian River Terminal or over at the agranite offloading area is the responsibility of the individual terminal operator. He stated that they have provided them with guidelines to have good security measures but that is between them and zoning, \.r 3 ~ permitting, and whatever else is required for them to be good corporate citizens here in the City of Fort Pierce and St. Lucie County. Mr. Brungot stated that they are available to consult and provide guidance and are boarding vessels every day in and out. He stated that some of these shipments are routine and come in weekly or more frequently. Mr. Brungot stated that they have been there and looked at the ships and their cargo and their crews. He stated they assess a lot of what they do with risk factors and after something is done routinely for a period of time, take care of other priorities, but always go back and do spot checks. Mr. Brungot stated if they have serious concems about cargo they have the ability to transport that cargo down to West Palm Beach where they have an examination facility where they can strip cargo and x-ray it piece by piece. He stated that this is where they are with the new changes so far and that when ships come in, the Immigration side of their business they do have an obligation to meet and board these vessels and examine the crew. Mr. Brungot stated that agriculture has to go out and look at it for the purpose of checking commodities on board such as Citrus to look at for protection of the State Agricultural crops and also Intemational garbage for other pests and issues that might be there. He stated that Customs in general is concemed about the cargo and contraband, but the big picture is anti- terrorism. Mr. Brungot stated that most of the traffic coming in here is from the nearby Bahamian Islands. He answered questions and concems from Committee members. AI Westerman stated that he would like to add that they have a number of computer systems and that he could assure them that a vessel whether it is island freight or anything else will not come into this port without their prior knowledge. Mr. Brungot stated that if there is cargo on board, they obtain advance manifests. He stated that one of their programs right now since 911 is the 24-hour rule. Mr. Brungot explained that any container that is going to be laden on board a vessel in a foreign port has to give them a manifest submission here in the United States 24 hours before that container is put on the ship so that they can look at all of the cargo and manifest information and make a determination of whether or not they even want to allow that container to be laden on board. He stated they have vast computer databases that screen this stuff as well as their own inspector resources to screen it. Mr. Brungot stated they also screen the crew manifest before they come on board and go through all of their database systems as to who is on board that vessel. He stated the Captain Master is responsible for giving them a true and accurate manifest. Then it is spot- checked and double-checked to make sure it is accurate. \.., Mr. Westerman introduced Rick Hersey, Commanding Officer of the Fort Pierce Coast Guard Station. Mr. Hersey thanked the Committee for inviting him and introduced Chief Mark J. Mello, U. S. Coast Guard, Fort Pierce Station and Lt. Michael T. Lingaitis, USCG Marine Safety Detachment out of West Palm Beach. Mr. Hersey stated that Mr. Lingaitis is the expert as far as the Coast Guard's regulation of the ports and facilities and the monitoring of the inspections of the vessels coming in. He stated that they have a very fortunate situation here because all of the law enforcement agencies work together. Mr. Hersey stated that they all meet regularly and have a great working relationship. He stated that if someone does not know whom to call, as AI just said, call 911. Mr. Hersey stated there is a good sorting mechanism coming out of the St. Lucie County Sheriff's office. He stated that Captain Monahan knows what each of the agencies do and what their capabilities are. Mr. Hersey stated that the Coast Guard Station here is small and their emphasis is for surge ops and wherever the hot area is they send all of their resources, whether it is people or boats. Mr. Hersey introduced Lieutenant Michael Lingaitis and explained that he is the expert from their agency. Mr. Lingaitis stated with the high interest vessels, the Federal Govemment has a rule, and 96 hours before a vessel arrives they must ~ 4 '-' provide specific information about that vessel's cargo, crew and all of the passengers on board. He stated that the Coast Guard, Customs and INS know when they will get a vessel like that and it is usually in the middle of the night. They get everybody together and they either get a cutter to escort the vessel or they board it and ride it in. Mr. Lingaitis stated that they do a complete search of the vessel and work with Customs and INS to secure the vessel. He explained several other precautionary measures that the agencies use to ensure safety at the ports in the five county areas. Mr. Lingaitis stated that they are all working with each other and helping industry to be productive and comply with all of the regulations that are now in effect. He stated that the small ports are succeeding and doing business and there are more regulations that are being implemented that they will have to comply with. Mr. Lingaitis answered questions and concerns from the Committee members. \.r Mr. Souza stated that they seem to have the commercial vessels under control, but what about the private vessels. Mr. Lingaitis stated that they are stopped and looked at by another branch, which use to be Customs, along with the Florida Wildlife Commission. He stated that there are a lot of State, Local and Federal operations that are doing a lot of surveillance and targeting the people that appear to be returning back from the Bahamas when they actually bring back contraband and migrants. Mr. Lingaitis stated that all the different agencies are working together to identify this type of activity and stop it before they even depart for the Bahamas. He stated that it is a tough thing, but they are usually stopped before they even get here. Mr. Lingaitis stated that it would be harder in the near future for people to go to the Bahamas for the weekend. He answered questions and concerns. Mr. Conklin stated since the Federal Regulations will apply to private port owners, could they explain what has been highlighted as new requirements that might enhance the security of the Port of Fort Pierce. Mr. Lingaitis stated that there would have to be minimal security. There will be certain types of fencing around the facility like barbwire, access control, badging system so that they will know who is in their facility and can be accountable for everyone there. He stated that they would be required to have a certain amount of lighting, fencing, security and qualifications for the security personnel and training depending on the type of cargo that they will be handling. Mr. Lingaitis stated that there is a whole bunch of information and requirements and he could get the Committee the information for the proposed regulations that are to come. Mr. Conklin stated that he thought that Mr. Lingaitis had done an excellent job of explaining what they are. Chairman Johnson stated that this is excellent news and she is quite pleased to hear about all of the cooperation that is going on. Robert Anderson asked how checking and security would change if the Mega Yacht Industry were to come to our port here. Mr. Lingaitis stated that basically they are recreational vessels and are privately owned and all they will have to do is clear with Customs. He stated that there would not be any Coast Guard oversight with it and would remain the way it is right now. Mr. Anderson stated that the other question he had was regarding the $100 billion industry in marine life in this County and no security around the sewer plant seawall. He stated that all that has to be done is damage to the tanks, which will leak out into our Lagoon and with an incoming tide it would destroy the marine life south to Martin County and north to Indian River County. Mr. Anderson stated that this is all part of the port area yet they have no security that can be seen. AI Westerman stated that he agrees and when they went out and talked with people in the various five Counties about certain things/problems that are unique to this area they got a lot of feedback but this is the first regarding the plant. He stated that this is a very good point and one that he has not heard of before. Mr. Westerman stated that this is something that they need to take a look at. Mr. Anderson stated that if this did occur, there could be 200,000 gallons of raw sewage ~ 5 \.- going one way or the other, which would mean a massive loss of marine life. Chairman Johnson asked Mr. Westerman if they would check into this. Mr. Westerman agreed that it should be looked at. Mr. Souza commented that his wife returned from Cuba recently and walked through Customs and claimed her bags with no problems. Mr. Brungot stated that assuming that she was using the Miami International Airport, they use a term called "Risk Assessmenf. He stated there are high-risk flights coming in there daily, hourly, almost by the minute, and some are deemed medium risk, low risk, and they do not have enough resources to look at every passenger with 100% scrutiny the way that they would care to. Mr. Brungot stated that if on a particular day a flight from Havana were coming in against some other flights that had a higher risk value then they would put their other resources on the higher risk. Mr. Souza stated that he was just curious coming back from a communist country. Mr. Brungot stated that even though the flight did not get a visual person-to-person inspection, the data, which has gone through screenings of all kinds of law enforcement databases prior to coming, was already provided to Customs and security. Mr. Souza stated basically it is a question of manpower and priority. Mr. Brungot stated exactly. '-' Dan Conroy, stated to build on the interest of the Mega Yacht Industry he has had some conversations with FDLE and the Florida Ports Council in Tallahassee and they indicated that at such time the Port of Fort Pierce becomes a public held port and 85% becomes a Mega Yacht facility and a small portion of container cargo then the whole port is subject to the Florida Security Statutes that apply to deepwater ports. Therefore we would have the State Security Statutes and the Federal Statutes. Mr. Lingaitis stated hypothetically if we have combination Mega Yacht/Freight terminal and it is a public port, then the whole facility would fall under 311.12 and the terminal for the cargo operations would fall under 33CFR for Federal requirements. He stated the Florida Statutes and the Federal Statutes are not very different but the Florida Statutes is a bit more stringent and the Federal Statutes were based on the Florida Statutes. AI Westerman introduced Robert Waters. He explained that he is Chief of the Criminal Division of the United States Attorney's office here in Fort Pierce. He stated that they have been very fortunate since Bob has joined them in the Fort Pierce area because he is a hands on Assistant United States Attorney and is out with them all hours of the day and night. Mr. Waters stated that he was happy to attend and asked if anyone had any questions for him. There were no questions asked. AI Westerman introduced Captain Mike Monahan with the St. Lucie County Sheriff's Office and stated that he is the most important person because almost anything that they do from the various Federal, State and Local agencies is in some way filtered through Mike at the Sheriff's Office. Captain Monahan stated that he has been with the Sheriff's Department for 27 years and was born and raised in St. Lucie County. He stated his home is here and he holds a major stake in St. Lucie County. Captain Monahan stated that he is in charge of investigations at the Sheriff's office but among other things that he does there he coordinates a group called "Blue Lightening" which is run out of the Customs service and allows local people and agencies to interact with Customs officials primarily on marine enforcement. He stated it was set up roughly 18 years ago as a coalition effort and meet once a month. Captain Monahan stated there is a response system set up in place, which was primarily targeting narcotics but is in place for any marine enforcement response that is needed. He stated that we could literally have 30 police vessels in one area in the matter of time that it would take to get them there, whether it be this port or any waters off of Indian '-' 6 '-' River or St. Lucie County. Captain Monahan stated that all of the protocols are established and all agencies are familiar and very comfortable with them and there is an excellent response system in place. He stated after the September 11th event in 2001 the Sheriff's Office established weekly meetings and all of the agencies work very well together and talk almost on a daily basis because of the cooperation among them. Captain Monahan stated that at the Sheriff's Office, to ensure all bases are covered on a response situation to terrorism, or any type of disaster, they meet now with law enforcement, County Health Department, both of the Hospitals, and all of the Federal and State agencies. He stated that they know how each of the agencies will respond to the situation and what each is capable of doing. Captain Monahan stated that on a local level they have a very good coordinated first response and could mop up pretty much anything on a local level. He stated that if it were a big disaster beyond their abilities, then of course they have the options of bringing in mutual aid through the Fire Chiefs Association, Police Chiefs Association and the Florida Sheriff's Association and now the Regional Domestic Security Task Force. Captain Monahan stated that beyond and in addition to those resources are the Federal resources and the National Guard. He stated that we are very well equipped on a local level and are very fortunate because on an initial response, he is certain that we could contain an initial issue, regardless of where it may be, in the port or anywhere in St. Lucie County, that until such time, we would need any outside resources. Captain Monahan stated that everyone here should be very comfortable with the response systems that are in place and the cooperation that exists between the local and Federal agencies. \. Shirley Burlingham commented that she wished that this could have been done so that all of the citizens of the County could have taken advantage of it. She stated that she has been asking questions for the past month on what is being done with our inlet, lagoon, and 32 miles of beach. Ms. Burlingham stated that this is the first time that we have ever had a united group here telling us what is being done. She stated that she would include this information in her newsletters to her association. Commissioner Coke stated on a personal note, she just wanted to let all of them know how much she and the Committee appreciate them coming out and taking the time to speak to the Committee. 5. OTHER BUSINESS Heather Young stated at the last meeting there was a question about a yacht that was parked at the dock and she was asked to find out what they had paid to dock there. She stated it was $3,021 and was for not quite three months. Ms. Young stated she was also asked what account this money was put into and what it was used for. She stated that this money was put into an account for improvements to the dock area. Mr. Anderson asked if that money could possibly be used to build another dock. He stated that at nighttime water is closed off so that you cannot get out there to do any fishing. Ms. Young stated that she did not think that $3,000 would be enough for that. She stated that she thought that our grant writers were trying to get some money for building more boat ramps. Chairman Johnson asked Heather if she had any more information on the ordinance for container stacking heights. Ms. Young stated that she has been working with Dennis \r 7 ~ '-' ~ Murphy and the rough draft is still in the works. Mr. Kuklinski commented on concerns that he has since this would be in the flight path going into the St. Lucie Airport. He asked if there was an FAA regulation as to how high an object can be within this area. Ms. Young stated that we have existing airport height restrictions in the Land Development Code. Mr. Souza stated that they do not actually use that access and if you look over there, the Silos are higher than the crane and they are lighted. Mr. Kuklinski stated that he noticed that the Silos are not very well lit and there is a 200-foot cell tower that has no lights on it. Ms. Young asked which tower. Mr. Kuklinski stated that it is on the west side of US 1 and Avenue M. Chairman Johnson stated that this is the newest one but it is about a year old. Ms. Young stated that she would ask the Airport Director if this is a problem. Mr. Anderson stated that he read in the paper that the City is talking about dredging the Marina again and wanted to use the Bell property as a temporary disposal site. He stated that he just wanted to know if anyone had checked with Mr. Bell to see if this would be all right. Chairman Johnson stated that he has always been agreeable to dredged material being put on his property. Mr. Anderson stated that it was in the papers as a quote from one of the City Commissioners. Commissioner Coke stated that she thought that it was in the proposal that was made so this leads her to believe that Dean over at the Marina has had some discussion with him regarding that, but she was not sure. Mr. Conklin passed out an article that he saw in the Tribune and asked that it be attached to the minutes. He read portions of the article to the Committee, which reported how Indian River Terminal handles their security measures. Mr. Conklin stated that he did not think that this was a great response when the Country is in heightened alert. 6. ADJOURNMENT Having no other business to discuss, it was moved by Gail Kavanagh, seconded by Howard Conklin, to adjourn. The motion carried unanimously by voice vote. The meeting adjourned at 4:39 p.m. Missy Stiadle Recording Secretary c: Fort Pierce Harbor Advisory Committee Members: Delores Hogan Johnson, Chairman Gail Kavanagh, Vice Chairman Howard Conklin Councilman Chris Cooper Jeanne Hearn Commissioner Christine Coke David Souza Pieter Stryker Jerry Kuklinski Mary Chapman Board of County Commissioners Dan Mcintyre, County Attorney Doug Anderson, County Administrator Ray Wazny, Asst. County Administrator Don West, Public Works Director 8 BOARD OF COUNTY ...., COMMISSIONERS PAULA A. LEWIS COMMISSIONER January 22,2003 Ooug Anderson, County Administrator Administration Annex Building 2300 Virginia Avenue Fort Pierce, Florida 34982· ' \..,.. RE: Fort Pierce Harbor Advisory Commission - Appointee Dear~~ I This letter is to inform you that my appointee to the Fort Pierce Harbor Advisory Committee, Mary Chapman, will be out of the country for several months. During her absence, Jerry Kuklinski will serve in her place on the committee. Yours truly, y1~ L~ Commissioner Paula A. Lewis Oistrict 3 PAL:baf Cc: Board of County Commissioners Attorney Dan McIntyre Attorney Heather Young Melissa Stiadle '-" . JùHN D. ORUHN, DiStticr No.1· DOUG COWARD. Disrrict No.2· PAULA A. LEWIS. District No. J . FRANNIE HUTCHINSON. District NO.4. CLIFF OARNES. District No.5 County Administtoror - Douglas M. Anderson 2.300 Virginia Avenue · Forr Pierce. FL .34982-5652 · (561) 462-1406 . FAX (561) 462-2131 . TDD (561) 462-1428 SUN COM 259-1406 ~ ~ BOARD OF COUNTY COMM15510N~R5 COUNTY ADMINISTRATOR DOUGLAS M. ANDEr-SON January 27, 2003 Sent Via Facsimile JanuanJ 27,2003 Lieutenant David Reeves Florida DepartIr).ent of Law Enforcement Domestic Security Division PO Box 1489 Tallahassee, FL., 32302 II . Dear Lieutenant Reeves: As per the voice mail message that I left you today, please find attached questions from Mrs. Jeanne Hearn, a member of the Fort Pierce Harbor Advisory Committee, regarding port security requirements for private property owners at the Port of Fort Pierce. ~ / Ple~se provide me with your comments at your earliest convenience. Thank you. DMA/ab03-15 c: Board of County Commissioners Ray Wazny, Assistant County Administrator Fort Pierce Harbor Advisory Committee Don West, Public Works Director Dan McIntyre, County Attorney Michael Rubin, Assistant Secretary, FSTED Council '-" Attachment JOHN D. ßRUHN. District No.1. DOUG CoWARD. Districr No.2. PAULA A. LEWIS, Districr No. J . FRANNIE HUTCHINSON. Disrricr No.4· CLIFF ßARNES. Disrricr No.5 County Adminisrraror - Douglas M. Anderson 2300 Virginia Avenue. Fort Pierce. FL 34982-5652 · Phone (772) 462-1450 · TOD (772) 462-1428 FAX (772) 462-1648 · email: douga@co.st-Iucie.fl.us web site: www.co.st-Iucie.fl.us ;' \w- III J_DDe BearD 5051 Tozour Road Fort Pierce, FL 34946 FAX Doug Anderson Port Director Phone 462-1450 Fax 462-2131 Jeanne Hearn Date January 24, 2003 Pages 2 Phone (772) 461-7527 Fax (772)468-8688 Re: Port SecuritY Hi Doug After reading this article in today·s paper I have a couple of questions that I feel need to be answered and perhaps already have. I I 1. Have you questioned the State on what security requirements there are for the private owners at our port? '-" " ~,Hive you confirmed thlIt they are in compliance with those requirements? For instance. the AES property is not even fenced from :Harbour Pointe - should it be? / 'The crackdown on the Miami River has the unwanted type cargo looking for safe haven and when the Florida Ports Council announced that the 3 small deepwater ports in Florida do not come under the same security requirements as the other 11 ports in the state, Lord only knows what might be happening here. I will be raising these questions at the Harbor Advisory Board meeting on Tuesday. We as a community cannot afford to allow ourselves to be wide open for not only the illegal drug traffic. illegal aliens but the homeland security concern most of all. This is especially with the power plant here. Thanks so much for your looking into this and I urge you to continue to pursue this all important issue. Jeanne Hearn, Member Harbor Advisory Board \r ~~} l¡¡t ¡ ~.. .... ·AI .!! 2 CI:) ° i!. "(: ~11s "" ~U:¡' :: ~ .. < M &€ ~ oW j ~iæE ë~~j y Ho ~ ~$! 1~~1a -E. [ 9-! J5.~ Õ ..... 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CI:':::'::' :)p. e..=.=:g'þ.,. 0'} fd ~ 8= ~i~-€i~ fi.! Cf)~ g.c:iE~]~~~ 'CI(JCI c~1-"''' ~ åi",O 'gll)-g '6r-t::~ == CI:1__t: C .0_ o . .=:01: C!! "'-1;)- ~ .~."Oc"~_~e~]rñ":'¡: II>>'~ ~<!:i8:=~ cocE:;¡,;æ.= ~<5~ £f:1-~/ l- I i II I I I I I '-' \... ~ UNSAFE CARGO It's not airports but shipping ~ ports that pose the greatest . threat in our War with ten'Drism. Up to 12 million cargo containers arrive in America each year, and' the us. Customs Service screens only 2%. to 3%. Last spring, Sen. Bob Graham· (D., Ra.) con6rmed . that 25 Islamic, extremists may ha~e come here inside cargo _ c~nta;ners, then just walked off ~ the ships. Nudear and: bioterror ; ~âev;œs also could come by ship. . ! How can we stop this? One idea ~ ;s Operatiol't Safe Commerce, ~ a· partnership between private ~ companies and the government ~ As part of a test plan, Osram .. ~...: Sylvania installed monitoring ~ devices, éf global positioning i system and' a· detection device '¡) on its containers before: they ~ left Slovalcia· for' the· U.S.. The s ~ technology prevents tampering ! during shipping. It was a success ~ and· may be a- way to monitor ~ all cargo coming to America. ~ ..........~.~. ",f_~'" ..... PARADEMAGAmE· dANUARY 12,.2008". PAGE 7 ~ \.,. '-' _. N /:II: ... I t::J ... Q .... ..... - o . .... - ~ = r.I:J. r.I:J. ~ =. ..... r.I:J. = ,,0. ....... ,.C ~ = ~ = Of) ~ æ Of) = . .... ~ = - ~. r.I:J. ~ = r.I:J. ~ = e Of) ~. - ....... r.I:J. = ~ = ..... ~ = ..... - = e~ ~ ~ 0- ....0 <l) '- '- ~_. .: .¡.:: -:> ~ .- ¡;:¡ = ... .- 0 :: - ? "" ~ "2 - ';:) d "d 0;; ¡¡ > 0 . Q. .... Ö::lO~":'" _~èo ¡:.r.., '" ~ O.Q ~ '6. 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Q 5 ...~. - -O......~' ~ I:: ..... 1;; '" cd' ~;>, 0'" '" fLJ «I Q) .;¡ ..... < :; E Q.I .;:!J ~ g S en"::¡ è .~ <':I ~ ~ ª ~ ~ Ò~"'~"'<':IS-S~~~Q)5Q)Q).c:E';::I"'~~~ ~d~!~~~'õJe~-s~-ss~<':I-g~Q)..6i ..::¡ ~ ¿ ¡.x., ¡g'0 ~ Q) ~ ¡:Q Š.S ~ .Ef::E ~ ~:;; .~ .a S Q)«IQ.j "10-< Ql)N ....Ql)<':I.... tJ '" ,ctJS '5 .8 g. ..s ~ 'g 'S <8 .S .~ .g â3 ~ r ~ 8 ~ ~ ~ t '" , '" (I c d ... ~ c a I '-' FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting February 25, 2003 Convened: 1 :15 p.m. Adjourned: 2:08 e:.!!!.:. This meeting of the Fort Pierce Harbor Advisory Committee was held Tuesday, February 25, 2003 at 1: 15 p.m. in Conference Room #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. Members Present: Delores Hogan Johnson, Chairman Gail Kavanagh Jeanne Hearn Councilman Chris Cooper Howard Conklin Jerry Kuklinski Pieter Stryker David Souza (late1:17p.m.) Commissioner Christine Coke (late1:28p.m.) Also Present: Missy Stiadle, Recording Secretary Heather Young, Assistant County Attorney Charles Grande, Presidents Council Hutchinson Island Emily Grande, Miramar POA Ja'net Pentz, Executive Aide to Commissioner Bruhn Bob Bangert, Conservation Alliance ~ AGENDA 1. ROLL CALL Roll call was taken Committee members gave self-introductions at Chairman Johnson's request. 2. PUBLIC COMMENT There was no public comment. 3. APPROVAL OF THE MINUTES OF THE JANUARY 28,2003 MEETING It was moved by Councilman Cooper, seconded by Howard Conklin, to approve the minutes of the meeting held January 28, 2003; and the motion carried unanimously by voice vote. ~ 1 4. OPEN DISCUSSION '-' Jeanne Hearn stated that at the last meeting she was not insinuating that the County fence in Harbor Pointe. She stated that what she meant was that the active adjoining cargo property owners should have to have security measures in place. She stated that it was unfair for the County to have to pay for fencing when there are regulations in place for ports. Ms. Hearn stated that we are not using the property as a port and her intention was to find out if the property owner should be fencing their property for security reasons. She stated that Harbor Pointe was just an example of wide-open public property. Chairman Johnson asked Ms. Hearn if she wanted the minutes changed to reflect her point. Ms. Hearn stated that she did not think so; she just wanted the Committee to understand what her point was since she did not make herself clear. ~ Jeanne Hearn stated that staff was to look into a potential ordinance on the height of container stacking. Heather Young stated that she did get a copy of the City of Fort Piece ordinance, which limits outside storage and materials to 15 feet. She stated that she has talked with Dennis Murphy to see if that would have any implications on any of the existing businesses in the County and he did not feel that would be a problem. Ms. Young stated that she and Dennis would be drafting an ordinance amending the Land Development Code, which will then go to the Board for completion. Chairman Johnson asked if it would be consistent with what the City has. Heather stated that right now the City has 15 feet and they do not reference containers specifically, they just say outside materials. She stated that she wondered if the Committee wanted to limit it to just containers or any outside materials. Mr. Kuklinski stated he thought just in general. Ms. Young stated that this ordinance would cover anything in the County since the City already has an ordinance in place. Councilman Cooper asked would this then restrict them from not stacking containers since two containers would be over 15 feet. Ms. Hearn stated that the City has had problems with that because it is one foot short. She stated that we should be generous and specify the two container heights. Ms. Young stated that they would verify what that height would be and would do the ordinance equivalent to two containers. Mr. Conklin stated that they should also consider the crane size that would be permissible because some of the Gantry cranes can go up to several hundred feet in the air and are not only unsightly but the port is in the flight path of the Airport on Runway 32 which could be an obstacle. Ms. Young stated that Mr. Murphy had a concern with crane height also. Chairman Johnson suggested that they include this in the ordinance. Mr. Souza asked if they would then restrict the ships coming in also since they all have cranes above 15 feet. Ms. Young stated that the direction of the Committee was to deal with stored material. Mr. Souza stated that a crane could sit on a construction site for a year or so and he has one that has been on site for two years now with a 11 O-foot boom. Mr. Conklin stated that a Gantry crane would be a permanent fixture at the port to remove containers. He stated that he did not think that the structure of a ship coming into the port would be subject to this regulation. Mr. Souza stated that some ~ 2 '-' of the freight ships have booms that are 50 feet or higher how will you separate the two. Mr. Conklin stated that he did not think this was an issue. Ms. Young stated that she would not perceive stored material as being permanent. She stated that it is stored there and then would be shipped out and gone. Ms. Young stated that the issue is not so much what is inside the container, but the presence of the containers, which could be stored there. She stated if the Committee wants to limit it to two containers, a Gentry crane would be needed to stack them. She stated to keep in mind that the port is not in the County. Therefore we are not really talking about the situation at the port, we are talking about the situation outside the port within the County. Ms. Hearn stated that this developed and was brought forth by Robert Anderson's concerns that his residential property would be facing a potential container site and he asked the question could it be to protect the County anywhere from having this container stacking develop. She stated that it could develop anywhere from what she understands that any vacant land is viable for stacking. Ms. Young stated that yes this was true. Chairman Johnson stated that she would like for Heather to proceed. '-' Jeanne Hearn asked if there had been any follow-up correspondence from the County or Florida Ports Council concerning security issues. Heather Young stated that Mr. Wazny from the Administration Office would address this. Councilman Cooper stated that the security issues are very serious and of great concern to him. He stated that from the discussion at the last meeting if anyone wanted to get in to check anything they would have to get a warrant or whatever for the police to go in and check anything. Councilman Cooper asked if anyone checks the boats for who is on them and whether they get off and wander around town. Commissioner Coke stated that she could give a little bit of insight but did not know how accurate it was but she checked with the City Attorney and he had been told that Customs would be going down there etc. and that they also have radar equipment and are checking boats as they come in and out of the port. She stated that this was verbal and she is not one to believe anything these people say verbally. Commissioner Coke stated that about a week to ten days ago she wrote to the Customs agency and the Coast Guard and told them that she would like information on how many boats they stop, how often they stop them, percentages etc. and exactly what their security measures are. She stated that she is expecting answers back from them momentarily. Councilman Cooper stated that after the last meeting he was under the impression that nothing is being done. Commissioner Coke stated that she was also under that impression, but then talked with the City Attorney and he had been verbally assured by Customs that this was not the case. She stated that she did not like verbal assurances and wanted something in writing. Chairman Johnson asked Commissioner Coke if she could give the recording secretary copies of the letter to be distributed to Committee members. Commissioner Coke stated that she would give copies of her letter and copies of their responses to the secretary for distribution to Committee members. Discussion ensued on the way that Customs is notified of incoming ships. Jeanne Hearn stated that there was an article in the newspaper that the Coast Guard has been designated to take over the operation. \." 3 ~ Commissioner Coke stated that she thought they had become a part of the Homeland Security. Ms. Hearn stated that it does not go into effect until June and the article stated that they would have to come up with a security plan by June. Commissioner Coke stated that she thought they had become part of the Homeland Security Team as of February 1st but may not have to have a plan until June. Mr. Souza stated that he is more concerned with a small boat coming in from the Bahamas than a freighter. He stated that a small boat would be easy to get through here. Councilman Cooper stated that he would agree with that but the feelers are already out there that there is no one checking anything or doing anything. He stated that they could come in on any boat and bring in as many people as they wanted to. Councilman Cooper stated that with the Power Plant here it just floors him that there is no one checking these people out. He stated he could see it if this was a port with nothing around it but we have a nuclear power plant here. Discussion ensued about the types of vessels that are able to come in and out of our port with no notification to anyone. Councilman Cooper stated that what amazes him is that there are no answers to any of the questions raised at the last meeting 30 days ago and the situation is not getting any better and things are moving ahead and not scaling down and we have a nuclear power plant and an unprotected harbor with a private organization container company. Mr. Souza stated that there are currently two ships running from the Bahamas weekly bringing in fruit and others things and taking things out. Councilman Cooper stated that he is not for stretching the Coast Guard too thin but he knows from being a Fire Fighter that there is plenty of down time waiting for a distress call to come in. Mr. Souza stated that the only time they go out is if there is a life evolved otherwise Sea Tow is called. Ms. Hearn stated that prior to some of the members coming on board, the County has been notified by the Florida Ports Council and signed documents as a County that we would agree to their minimum standards. She stated the minimum standards were fencing and lighting and has not seen any of this at the AES property, which is wide open. \..r Chairman Johnson stated that Mr. Wazny was in attendance to address questions but would need to leave soon to attend another meeting. She asked if anyone had a specific question for Mr. Wazny regarding the port security. Councilman Cooper stated that he would like to know what has been done so far if anything. Chairman Johnson stated that when Robert Bradshaw was with the County we had met with all of the law enforcement agencies, Coast Guard and so forth and there was a discussion with FSTED dealing with something from a standpoint of fencing and lighting. Mr. Wazny stated that the publicly owned parcel Harbor Pointe does not have a lot of security concern simply because there is nothing out there. He stated that they do not want to fence it in because this would destroy public use of the parcel. Mr. Wazny stated that the port that is operating now which consists of the cargo operations is private property and it is difficult for a government to impose security on it. He stated that if there are requirements from a State or Federal level for security, the private property owner might be obligated to fence his property in or provide other security means. Mr. Wazny stated from the County standpoint we do \.- 4 ,-,. not go in and fence private property. He stated eventually the port will be developed and at that point and time the areas that need to be secured will be secured with fencing which mayor may not include the private area. Mr. Wazny stated that they would like to include this as part of the package and get them onboard to provide it. '-' Ms. Hearn asked if Mr. Anderson was considered our Port Director. Mr. Wazny stated yes. Ms. Hearn asked if he was the Port Director over the functioning port or just Harbor Pointe. She asked just what is he Port Director of. Mr. Wazny stated that Mr. Anderson is Port Director of all publicly owned property, which is essentially Harbor Pointe. Ms. Hearn stated so then essentially he is not officially Port Director of the Port. Mr. Wazny stated yes, once we own the portion of what is now Mr. Bell's land, then that would be under Mr. Anderson. Ms. Hearn stated then Mr. Anderson has no right to question the private port owners. Mr. Wazny stated that we do have the right and there have been activities out there that we have questioned as a public entity and we have responsibility for the port and all the waters around it. He stated that we have a say as a public agency in what goes on there and any activity that might cause harm to the public we would take whatever action legally that we could. Mr. Kuklinski asked if there was any way that we could urge the State or National level to urge them to do something about this and have them mandate security fencing for private property. Mr. Wazny stated that it would be something that the County could look into but typically Governments do not impose things like this on private property owners. Don West stated that when Mr. Bradshaw was here, he had researched the funding with the Florida Ports Council and verified several times that under State funding for security it does not apply to private property and cannot be used for that purpose unless it is publicly owned land. Mr. West stated that he thought the State would have limitations, rules and regulations that would apply to every port in the State. He stated that the County couldn't take taxpayers money and make improvements on privately owned land. Howard Conklin stated that he had a general question about the condemnation of the port property. He stated that it was his understanding that there has been a deferral to pick out the parcels. Mr. Conklin stated that he was surprised because he thought that the whole 67 acres would be part of the condemnation. He asked if there had been a retrenchment from taking the entire 67 acres. Mr. Wazny stated that Mr. Bell stated that he would like to retain 15 acres of the property but the County has never received a written proposal from him. He stated that Mr. Bell at one time wanted to keep 15 acres for a cargo type operation and then selling the County the balance of the property, 52 acres. Mr. Wazny stated that the direction we are headed in is to see if we can seek a deal with Mr. Bell over the next 60 days to obtain the entire 67 acres, but if we are able to structure a deal other than that we would certainly attempt to do so. He stated that he knows that there is concern about the 15 acres. Mr. Wazny stated that even if the County is able to strike a deal where the County is able to purchase 50 some acres and the private developer has the 15, the private developer would have to go through the entire permitting process including the assurances that it complies fully with the Comprehensive Plan and the ~ 5 '-' City of Fort Pierce's development requirements before it could ever be developed. Mr. Grande stated that there were a couple of parcels to the west of the land that is held by Mr. Bell that are being considered as possibly being acquired to implement the Port Master Plan. He stated the concept of which parcels were not only for the 67 but also the two specific parcels contiguous to the west, which may be included to be purchased by the County to put together the land that is required to implement the Port Master Plan. Mr. Grande stated that this is a possibility but would be based on the 60-day study. Councilman Cooper stated that since he is the new guy he wanted to know who has the jurisdiction over everything and anything like over the water, lands in the County and the City. He asked what the makeup is of the Port and the area around it. Howard Conklin stated the current jurisdiction involves all three enforcement agencies the Coast Guard, the Sheriff and the City of Fort Pierce and Marine Police. He stated that there are numerous jurisdictions that overlap in the water. Councilman Cooper asked what about the land. Ms. Hearn stated that it is her understanding that the City has control of the zoning for the upland land use and the County controls the water. She stated that this is a serious conflict; therefore they have to work together to coordinate. Chairman Johnson stated with the berthing permits they have to go through the County to do anything and what Ray was eluding is that if by chance the 15 acres were held out, they would have a rough time trying to get somewhere. '-' Ms. Hearn commented on the news article placed in the Committee packets at Mr. Conklin's request. She stated that the one article Marine Industry GrouD Drawina Meaa Yacht Business a Priority confirms what she had heard about there being a lot of competition to draw the mega yacht business from St. Lucie County. Ms. Hearn stated that she is concerned about the delays and would sure hate to lose this opportunity because this is taking a long time. She stated that Fort Lauderdale is stepping up there effort. Councilman Cooper stated that we are now another 60 days behind and Fort Lauderdale has everything in order and ready to go. He stated that we don't have the property and are still 60 days away from the next process. Ms. Hearn stated that she heard that Charleston is also pursuing it. Therefore this would not only be a loss to this County, but also State revenue. She stated that we should really encourage people to at least listen to these figures. Ms. Hearn stated that she has not seen a deal like this, in her lifetime, come to our Port for opportunity and she has been here since 1949. Chairman Johnson stated that in the Committee members' packets is a memorandum from Mr. Anderson. She stated that she thinks that it is important that Committee members be familiar with the figures and information of the acquisition of the port property funding and felt that this was important information. Mr. Souza stated that he would like for the Committee members to discuss the meeting time. He stated that the new time decided upon at the last meeting does \.r 6 '-' not work into his schedule. Chairman Johnson asked what time would work for him. He stated that later in the afternoon is fine with him and if she has a problem getting there at 3:00p.m. maybe it could be change to 3:30 p.m. Chairman Johnson stated that she has a hard time getting to the meetings if they are scheduled after 2:15 p.m. or 2:30 p.m. and that mornings are better for her. Mr. Souza stated that he works in Stuart and left his job site at noon today and was still late getting to the meeting. He stated that the rest of his day would be shot now because he would not be able to drive all the way back to Stuart. Commissioner Coke stated that she had recently been elected to the Board of Directors of the Pelican Yacht Club but before she told them that she would commit she wanted to make sure there was no conflict with meetings currently on her schedule. She stated that she was unaware of the new time, which was discussed at the last meeting after she had gone and that this new time of 1: 15 p.m. is now a conflict with the new meeting on her schedule, which is on the last Tuesday of every month from 12:00 p.m. to 1 :30 p.m. Mr. Souza stated that there are a lot of other people from the public that would like to attend this meeting too, which have to work and cannot get off in the middle of the day. Chairman Johnson asked if these people were also unable to get off for the 3:00 p.m. meetings. Mr. Souza stated that at the 3:00 p. m. meetings there were usually a half a dozen or more people in attendance that aren't here now. Jeanne Hearn asked Chairman Johnson since Friday was open for her if there would be a problem with changing the meetings to Fridays. Chairman Johnson asked if anyone else would have a problem with meeting on Fridays. Mr. Souza asked at what time would they want to start the meetings on Fridays. Chairman Johnson stated at whatever time everyone would be able attend. She stated that her schedule was wide open. Mr. Kuklinski stated that he thought they should go back to the old time of 3:00 p.m. Committee members concurred. Councilman Cooper stated that he has been to three meeting since being appointed to the Committee and all of them have been held at different times. He stated that he also has things to do and asked if this would be the end of changing the meeting days and times because we cannot keep changing to accommodate people. Mr. Souza stated that up until a couple of meetings ago it has always been at 3:00 p.m. on Tuesday and then was change in December but was at 3:00 p.m. last month. \..,. It was moved by Jeanne Hearn, seconded by David Souza, to hold the Fort Pierce Harbor Advisory Committee meeting on the fourth Friday of every month at 3:00 p.m. The motion carried unanimously by voice vote. Jeanne Hearn stated that at the Commission meeting week before last, when the two items that the Committee decided to recommend to the Commission were presented, it was announced the motion to recommend was made by her. She stated that she sits at Commission meetings all the time and never hears who makes the motion and who seconded the motion and on both those issues it just happened to be her. Ms. Hearn stated that she did not care and was please to have done that but there have been times when she would have perhaps liked to know when recommendations are forwarded, who made them. She stated that she ,-,. 7 ~ did not know if she was being picked on or what but thought that it should be a policy of the Commission Board to either announce the full detail of who made the motion and that it should be consistent. Jeanne Hearn stated that she remembers that the Rachel B. Jackson had a sweetheart deal at our dock and this Committee addressed it and there were people that were concerned about the deal and now there are two ships there. Ms. Hearn asked if they were subletting to the other boat because dockage is quite expensive. She stated that she wanted to make sure that the County was being remunerated and not someone else making profit. Heather Young stated that she is aware ofthe Rachel B. Jackson and another boat that is there for a short time, but it is not related to the Rachel B. Jackson. Mr. Souza stated that it has been there for a couple of months now. Ms. Young stated that it has been there for a couple of months, but that they do not have a long-term arrangement like the Rachel B. Jackson. Mr. Souza asked if the County has been receiving funds for the dockage. Ms. Young stated that she could not remember but thought that the County was receiving $2,500. Ms. Hearn stated that she would like for Ms. Young to confirm that. Ms. Young stated that she would confirm it and provide information at the next meeting. Ms. Hearn asked if she had a report by the Rachel B. Jackson about revenue to the County. Ms. Young stated that she did see something a while ago and would provide it in the packets for the next meeting. OTHER BUSINESS '-' Chairman Johnson stated that Mary Chapman was elected as Vice Chair and that the Committee would need to address this since Ms. Chapman would be out of town for six months. She asked Ms. Young if the Committee would need to elect a temporary Vice Chairman or if she would have to be replaced with a new Vice Chairman. Ms. Young stated that since Ms. Chapman would be gone six months out of the year and the meeting time was changed last month and it was thought that the Chairman may have to leave before the meetings would be over therefore the Vice Chairman would have to take over the meetings. She stated that the Committee might want to elect another Vice Chairman due to the fact that she would be gone. Chairman Johnson stated that the Committee would need to elect a Vice Chair and that person could be temporary until Mary gets back or just elect a new Vice Chair. Ms. Hearn asked if it would be improper to have her replacement on the Committee serve until she returns. Mr. Kuklinski stated that he was not prepared to be the Vice Chair. Chairman Johnson asked if anyone would like to volunteer to be Vice Chairman. It was suggested by a couple of Committee members that Gail take the Vice Chair position since she was the Chairman last year. Ms. Kavanagh stated that she would accept. It was moved by Councilman Cooper, seconded by Jerry Kuklinski, to appoint Gail Kavanagh as the Vice Chairman of the Fort Pierce Harbor Advisory Committee, and motion carried unanimously by voice vote. '-" 8 \..- '-' '-" 5. ADJOURNMENT Having no other business to discuss, it was moved by Pieter Stryker, seconded by Councilman Chris Cooper, to adjourn. The motion carried unanimously by voice vote. The meeting adjourned at 2:08 p.m. Missy Stiadle Recording Secretary c: Fort Pierce Harbor Advisory Committee Members: Delores Hogan Johnson, Chairman Gail Kavanagh, Vice Chairman Howard Conklin Councilman Chris Cooper Jeanne Hearn Commissioner Christine Coke David Souza Pieter Stryker Jerry Kuklinski Mary Chapman Board of County Commissioners Dan Mcintyre, County Attorney Doug Anderson, County Administrator Ray Wazny, Asst. County Adm. Don West, Public Works Director 9 \..., FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting January 28,2003 Convened: 3 :06 p.m. Adjourned: 4:12 p.m. This meeting of the Fort Pierce Harbor Advisory Committee was held Tuesday, January 28,2003 at 3:06 p.m. in Conference Room #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. Members Present: Delores Hogan Johnson, Chairman Commissioner Christine Coke Gail Kavanagh Jeanne Hearn David Souza Councilman Chris Cooper Howard Conklin Jerry Kuklinski (late 3 :09 p.m.) Also Present: Missy Stiadle, Recording Secretary Victoria Winfield, Assistant County Attorney Maggie Large, Tribune Liz Martin, Executive Aide to Commissioner Hutchinson Charles Grande, Presidents Council Hutchinson Island Robert P. Anderson, Resident Indrio Ja'net Pentz, Executive Aide to Commissioner Bruhn Mary Chapman Bob Bangert, Conservation Alliance John Holt, Conservation Alliance Betty Lou Wells, Study Group Shirley Burlingham, North Beach John Parry, Waterfront Council John Arena, Earth First Linette Trabulsy, SLC Public Information Officer Commissioner Frannie Hutchinson Gayla Barwick, SLC Tourism Manager \..., \...- 1 AGENDA \.. 1. ROLL CALL Roll call was taken 2. PUBLIC COMMENT There was no public comment 3. APPROVAL OF THE MINUTES OF THE DECEMBER 13, 2002 MEETING It was moved by Jeanne Hearn, seconded by Gail Kavanagh, to approve the minutes of the meeting held December 13,2002; and the motion carried unanimously by voice vote. 4. BEACH RENOURISHMENT - DON WEST, PUBLIC WORKS DIRECTOR '-" Don West, Public Works Director, stated that he was not at the last meeting but did read over the minutes from the last meeting. He stated that from what he could gather there were questioned raised at the last meeting regarding the Vero Beach renourishment project. Mr. West stated that he brought a copy of a letter to circulate so that Committee members could follow along. He stated just to give some background information on the project; the project in the Vero Beach area is called PEP (prefabricated erosion prevention). Mr. West stated that these are a type of submerged breakwater structure that looks almost like a concrete barrier wall similar to the ones the State uses on the highways as a barrier. He stated that these are much bigger and are brought in by crane and set out on the floor of the ocean and submerged just under the surface of the water. Mr. West stated the idea behind the design is that when the waves hit this, it creates sand on the upstream side or the shore side ofthe structure. He stated we have looked into these and done some research on them and they were considered for the St. Lucie Inlet area South Beach but have since decided not to go with this type of design because it has been unsuccessful in the past. Mr. West stated the first one that was done was in the town of Palm Beach in the late 1980's. He stated that after several years they settled in the sand and were of no actual help because they were then too low. Mr. West stated that the State then required them to remove the structures. He explained the process that Vero Beach currently has in use and how and why it is working for them and what they anticipate. Mr. West stated the State had an independent consultant do some monitoring of it and found that it shows increases of sand both behind the structures and also on the areas of each side of the structures. He stated that in the letter from the State, they stated that they did not think that structures had an impact one way or the other and that they think the sand would have accrued there whether there was a structure there or not. Mr. West stated that this is the same thing that happened in the Palm Beach area and the structures settled over time. He stated that based on all of the evidence that has been seen to date we are still not convinced that something like this would work, and rather than put taxpayers' money to risk, we felt it was more prudent to look into a different type of solution. Mr. West stated that 2 ~ ~ they came up with the T -Groin structures, which have been indorsed, by both the City and County Commissions. He stated that the Corp of Engineers originally brought the T -Groins to us and are involved with beach projects along the entire West and East Coasts of Florida. Mr. West stated the Corp thought based upon the modeling and hydrodynamic effects the T- Groins would probably be the best solution. He stated the decision we made is based on good signs and good engineering and he thought the Board made a good decision on it and the City Commission concurred. Mr. West stated that once the T-Groin structures are in place they would look at sand bypass structures and how we would transfer sand using some type of pumping system. He stated that this is in the works now and should have some results and a report in spring to early summer. Charles Grande stated that he was asked by the Presidents Council to express their gratitude for all of the hard work Mr. West and Mr. Bouchard have done in this area. He stated that they really appreciate the efforts and would support anything that can be done to investigate the sand transfer possibilities, which seems to be the best concept so far. "- Robert Anderson commented on concrete crossties as a foundation for the T-Groins to cut cost in half on the project. He stated that he has presented this to the Harbor Committee and also to the County Commission but it has not been looked into. Mr. West stated that when it comes to permitting these projects there are certain things you can do and certain things that you cannot do under State rules. He stated the DEP is very strict on what can be put out there and they do not like man made structures and they are a last resort. Mr. West stated that he would pass the information along to Mr. Bouchard as a foundation material to check with the consultant to see whether it would be an option. Chairman Johnson asked Mr. West to pass this information along to Mr. Anderson. Mr. West stated that he would pass along the information to Taylor Engineering for consideration. 5. NATURES THEMEP ARK NEW VISITORS VIDEO-GA YLA BARWICK, TOURISM Gayla Barwick, Tourism Manager for St. Lucie County thanked the Committee for the opportunity to show them the brand new visitor video. She stated they consider the video to be a very important selling piece in the material used to promote St. Lucie County. Ms. Barwick showed the video to the Committee, answered questions and concerns, and explained how the videos are distributed. 6. OTHER BUSINESS Chairman Johnson asked Assistant County Attorney Victoria Winfield if she had any information on the motion that was made at the December13, 2002 meeting regarding container stacking. Attorney Winfield stated she did not have any information on the motion. Chairman Johnson asked that she check with Attorney Young and have her give an update at the next meeting as to what has been done thus far regarding the motion. \r 3 \..- Jeanne Hearn suggested that the Chairman introduce the new members of the Committee for those who were unable to attend the December meeting. Chairman Johnson had each of the members introduce themselves. Chairman Johnson stated she received a copy of a letter from Commissioner Lewis to Doug Anderson stating that her appointee to the Fort Pierce Harbor Advisory Committee Mary Chapman would be out of the Country for several months and that during her absent Jerry Kuklinski would be serving in her place on the committee. Chairman Johnson welcomed Mr. Kuklinski to the committee. \...r Jeanne Hearn passed out an article to Committee members titled UNSAFE CARGO. She stated that this article spurred her interest and wondered since our port is a private port, were there any regulation and if so, are they being enforced. Ms. Hearn stated that she wrote a memo to Doug Anderson and he in turn generated a letter to find out the details and whether there are requirements. Ms. Hearn stated that she just wanted the Committee to be aware of this and that she was just simply asking a question to Mr. Anderson since he is our Port Director. She stated that she was hoping to have an answer by today. Howard Conklin commented that the police are unable to go onto private property without the consent of the property owner. Ms. Hearn stated that her concern is with the Harbor Pointe Area perspective, which is public property. She stated that she thought that when we did the minimum port security, the County approved to participate in that. Ms. Hearn stated it was her understanding that the areas had to be fenced and secured. Discussion ensued. Ms. Hearn stated with the power plant here she is concerned and would like to know where we stand. She stated if we don't have any protection she would at least like to know. Chairman Johnson asked Attorney Winfield if she could pass this information on to the legal department and also Doug Anderson. She stated that we should really know who is enforcing. Chairman Johnson stated we have had talk about this before and there was talk about fencing. She asked that stafflook into this and see what the status is. Charles Grande suggested that they also send these questions to the Haskell Company since they are working on the proposal for the port. Chairman Johnson stated it appears that there is ongoing concern from the Committee that we address the minimum security at our port. She stated that Mr. Bradshaw was the liaison from the Administration office with the Harbor Advisory. Chairman Johnson stated the Committee should revisit this issue seriously. Gail Kavanagh stated that she remembers there were funds available for minimum stuff like fencing and lighting and we had many discussion about this but for some reason we turned down the funding. Mr. Souza stated it was probably because the County does not own any port property and that it this was discussed in length. Ms. Kavanagh stated that she remembered that there was just a small part that the County was able to fence and light because the rest belonged to private owners. Chairman Johnson stated that was right, but what about the private owners. Mr. Souza stated even though Harbor Pointe is on the water, it is not part of the port perse. Discussion ensued. Mary Chapman stated that she talked with the Coast Guard and they stated that it was not their responsibility. Chairman Johnson stated at the security meeting the Coast Guard was in attendance. Mr. Arena stated that in the last week \.-. 4 ~ or two the Coast Guard was attached to homeland security so it may be different now. Ms. Chapman stated that was encouraging. Howard Conklin presented two articles to be attached to the minutes. Jeanne Hearn stated that on February 18, 2003, she hoped that the County Commission would make a move to go ahead. She stated that if they do not, we would lose the whole thing real quick. Mr. Conklin stated that he was upset with Senator Pruitt because there are condemnation laws on the books, which allow for proceedings and fair value to be given to the private property owner. He stated that he is a Senator and the legislator passed this law. Mr. Conklin stated for one man to disagree personally with the law and then use his influence on a committee to nullify the County and City Commission is an outrage. Committee member concurred with Mr. Conklin. Chairman Johnson stated that she read his article and was in the process of writing a letter from her organization to Senator Pruitt. She stated the County has been quite generous with Mr. Bell and back when the property was for sale the County could not move fast enough for WCI. She stated with all ofthe things that a County has to go through it was not feasible for WCI to wait around. Chairman Johnson stated to read Senator Pruitt's comments is like the County was doing absolutely nothing. She stated that the County just did not have the time frame to do it. '- Jeanne Hearn stated that she was wondering if the Committee would like to make a recommendation since they will not be meeting again before the 18th. She stated the Commissioners have a big decision to make to go forward with condemning the 67 acres. Ms. Hearn stated that she would like to see the Committee pass on their feelings and support. Howard Conklin stated that he would like to add that this would also add to the safety, welfare and well being of the community and unless the port property is owned by a public entity our security issues and concerns will never be addressed and we will be powerless against terrorism and drugs coming into our port. It was moved by Jeanne Hearn, seconded by Howard Conklin, that the Fort Pierce Harbor Advisory Committee support and recommend the County Commission go forward with the decision to condemn the 67 acres of port property and move forward with the process so that the County does not lose the opportunity. Chairman Johnson asked for show of hands from all members that support the recommendation to support the County Commission to proceed with the eminent domain procedure. The vote was five to one in favor of sending a recommendation to the Commission. (Commissioner Christine Coke and David Souza were not present at the time of the vote.) Charles Grande commented on his approval of the vote. John Parry commented on the price of $5.5 million and stated that he would like to find someone in the County that was given that amount as the price of the property. '-' 5 ~ ~ ~ Mr. Conklin stated that with the Public Information Officer in attendance he would like to suggest that the County rebut Senator Pruitt's statement because it makes the County Commission look like they were sleeping at the wheel and they weren't. Chairman Johnson stated that in the first article they have a quote from Doug saying that actual price in writing. Ms. Hearn stated that two weeks ago she questioned ifthe Senator had read the Haskell plan. She stated that Senator Pruitt did confirm that he got a copy ofthe plan but was too busy to look at it. Ms. Hearn stated that we should all encourage him to at least look at it before he makes a decision. Chairman Johnson asked if the Committee could start meeting a little earlier because she has a conflict with a program she conducts. Jeanne Hearn asked if there was a better day. Chairman Johnson stated that Fridays at one or one-thirty would be better for her. Mr. Conklin stated that earlier would be fine with him. Councilman Cooper stated that if they make the time one, he would be a little late. Chairman John son stated that they could keep the meeting on Tuesdays and start the meetings at 1: 15 p.m. and then the Vice Chairman could take over when she had to leave. It was decided by the committee member present to keep the meetings on the fourth Tuesday of each month and change the meeting time to 1:15p.m. Robert Anderson asked that the Committee look into recommending to the County Commission that they expand the Little Jim Boat Ramp to accommodate more people, because when the Jensen Beach Causeway is being worked on the people in Martin County will be using our facility. Chairman Johnson stated that this is a good point and asked that this be brought up at the next meeting. 7. ADJOURNMENT Having no other business to discuss, it was moved by Councilman Chris Cooper, seconded by Jeanne Hearn, to adjourn. The motion carried unanimously by voice vote. The meeting adjourned at 4:12 p.m. Missy Stiadle Recording Secretary c: Fort Pierce Harbor Advisory Committee Members: Gail Kavanagh, Chairman Howard Conklin Councilman Chris Cooper Delores Hogan Johnson, Chairman Jeanne Hearn Commissioner Christine Coke David Souza Mary Chapman Board of County Commissioners Dan McIntyre, County Attorney Doug Anderson, County Administrator Ray Wazny, Asst. County Adm. Don West, Public Works Director 6 .... ~ FORT PIERCE HARBOR ADVISORY COMMITTEE MEETING ~ '- Tuesday,January 28, 2003 3:00 P.M. Conference Room #3 1. ROLL CALL,:- 2. PUBLIC COMMENT 3. APPROVAL OF THE MINUTES OF THE DECEMBER 13, 2002 MEETING 4. BEACH RENORISHMENT - DON WEST, PUBLIC WORKS DIRECTOR 5. NA TURES THEMEPARK NEW VISITORS VIDEO - GA YLA BARWICK, TOURISM MANAGER 6. OTHER BUSINESS 7. ADJOURNMENT *** FOLLOJVING THE MEETING VIDEO ONMEGA YACHT FACILITY (24 minute!)) '1<** FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting December 13, 2002 Convened: 1: 11 p.m. Adjourned: 2:02 p.m. ( ... -wi This meeting of the Fort Pierce Harbor Advisory Committee was held Tuesday, December 13, 2002 at 1: 11 p.m. in Conference Róom #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. Members Present: Members Absent: Also Present: Commissioner Christine Coke Mary Chapman Gail Kavanagh, Chainnan Jeanne Hearn Councilman Chris Cooper Howard Conklin Delores Hogan Johnson (latel:22p.m.) David Souza Missy Stiadle, Recording Secretary Heather Young, Assistant County Attorney Maggie Large, Tribune Liz Martin, Executive Aide to Commissioner Hutchinson Charles Grande, Presidents Council Hutchinson Island Emily Grande, Miramar Royale Kevin Stinnette, Indian River Keeper Robert P. Anderson, Resident Indrio Barbara Felton, Executive Aide to Commissioner Lewis 1 ....J ...; "-" '-" .\.,- "\. AGENDA 1. ROLL CALL Roll call was taken 2. PUBLIC COMMENT There was no public comment 3. ELECT CHAIRMAN AND VICE CHAIRMAN FOR 2003 It was moved ¡'y Jeanne Hearn, seconded by Mary Chapman, to appoint Delores Hogan Johnson as Chairman ofthe Fort Pierce Harbor Advisory Committee for 2003. The motion , - , carried unanimôusly by voice vote. It was moved by Jeanne Hearn, seconded by Commissioner Christine Coke to appoint Mary Chapman as Vice Chairman of the Fort Pierce Harbor Advisory Committee for 2003. The motion carried unanimously by voice vote. 4. APPROVAL OF THE MINUTES OF THE NOVEMBER 19, 2002 MEETING It was moved by Commissioner Christine Coke, seconded by Howard Conklin, to approve the minutes of the November 19,2002 meeting. The motion carried unanimously by voice vote. 5. DISCUSSION OF PORT RFP Ray Wazny, Assistant County Administrator, stated that staff was asked to provide a brief overview of the proposal that was made by Haskell. He stated that they checked with the County Attorney and can do this overview, but will have to address it in general terms since the Selection Committee has taken no action. Mr. Wazny stated there would be no discussion about where the County is with respect to negotiations, but as a group the COminittee can submit any questions they may have to the Selection Committee for consideration. He stated that there cannot be a two-way discussion simply because no selection or recommendation has been made to the Board. Mr. Wamy referenced a diagram of the area and explained the proposed uses and locations. He stated the basic context of the proposal is for the County, State and essentially Government to invest roughly $52 million to create the infrastructure for the Port and then for the developer to invest roughly $142 million dollars in the development ofthe vertical construction such as warehouses and whatever else is needed. Mr. Wamy stated that this is generally the content of the proposal, which has been embraced by just about everyone. He answered questions from the Committee and public in attendance, but asked that they keep in mind that he would be unable to answer questions that would be relative to the negotiations. 2 ¡ ...., Mr. Conklin asked when the Selection Committee would move forward and conclude its negotiations. M~. Wazny stated that they would probably get some direction after the City Council of Fort Pierce and St. Lu~i~ County has a joint meeting on January 7, 2003. He stated then staff would get some guidance from the two political bodies on which way they should move based on the Haskell proposal. Mr. Wazny stated then the Selection Committee could make a recommendation to the Board of County Commissioners. 6. OTHER BUSINESS Robert Anderson expressed his concern regarding stacking containers on the Seminole property. Jeanne Hearn~asked ifhe was suggesting that the County have an ordinance like the City of Fort Pierce that would limit the height that containers can be stacked. Mr. Anderson stated that he was unaware of the City ordinance but was concerned that these containers could be stacked 10 to 15 high on top of each other that he would have to look at from his front door. He stated that he was wondering if the County has or would implement an ordinance not only for his house and other residence but also for the Port area. Jeanne Hearn stated that maybe the Harbor Committee could recommend to the County Commission that they look into an ordinance just in case it develops anywhere along the ~ Lagoon. Charles Grande stated that the City has an existing ordinance and suggested that the Committee get input from the City of Fort Pierce as to what their ordinance it since it has worked well for a number of years now. Chairman Kavanagh asked if there was a motion from the Committee to have the County Commission look into an ordinance. It was moved by Jeanne Hearn, seconded by Delores Johnson to recommend that the County look into the possibility of developing an ordinance similar to the City of Fort Pierce on height restrictions of container stacking. The motion carried unanimously by voice vote. Mary Chapman brought in photographs pertaining to beach re-nourishment in the Vero Beach area between the years of 1995 and Thanksgiving Day 2002. She stated that there has been an increase often feet. Ms. Chapman stated that she wanted the Committee to view the dramatic difference in the photographs. She stated that she was not trying to say that this would be a solution for us because every situation is different. ...,J 3 · '-' '-' ~ Chairman Kavanagh asked ifthere was any action that she would like to see this Committee take on this particular issue. . Ms. Chapman stated that the sam,e engineering design has already been proposed to the County Commission and rejected. She stated that she would like to see it be reconsidered or at least looked at again. Ms. Chapman stated that she did not know what the groin situation was at South Beach or if it would work any better than this. She stated that she would like for this to be revisited by the County Commission if the Committee felt it was appropriate. Chairman Kavanagh asked Ms. Chapman if she knew why this was turned down by the Commission. ; Ms. Cha~man _~tated that she did not. ,- Chairman Kavanagh stated that maybe the Committee should inquire as to why the Commission turned down the proposal. Ms. Johnson stated along with asking about this she would like to ask staff if some of our re- nourishment sand has gone to Vero Beach. Discussion ensued on whether or not the spur at the Jetty has helped with beach re-nourishment. Jeanne Hearn stated that she would like these questions passed on to the County Engineering Department and have them come back to the Committee with a report or a presentation. Charles Grande commented on the differences between Vero Beach and County regarding beach re-nourishment. Mr. Conklin stated that it would be useful to have a presentation by the engineers because we are all laymen not engineers and there may have been valid ground for the Commissions' decision. He stated that the Committee would certainly not want to make an uninformed proposal to the County and should do some homework first. Ms. Chapman agreed and stated that she would like to hear why the Commission rejected it. Chairman Kavanagh stated that she would like to request that Don West come and give a report on the whole process explaining what happened and why it was eliminated as a probable solution. Delores Johnson asked if the Committee was serious about appointing her as Chairman of the Committee. Chairman Kavanagh stated yes they were serious. Ms. Johnson stated that she really has a problem with getting to the meetings on time because of an extended day program she is in charge of. She stated that she would try to work it out. 4 ..... Ms. Chapman offered to help her as Vice Chairman until she can get to the meetings. ...,j Ms. Johnson stat~d that she would try to work this out and revisit this at the next meeting. Ms. Hearn stated that she had a video on the Mega Yachts facilities if anyone was interested in viewing it. Mr. Conklin stated that he would be interested in it and other members concurred. Ms. Hearn stated that it is very informative and that she would bring it back to the next meeting for viewing. 7. ADJOURNMENT Having no other business to discuss, it was moved by Commissioner Christine Coke, seconded'by I;>èlores Johnson, to adjoÙrll. The motion carried unanimously by voice vote. The meeting adjourned at 2:02p.m. Missy Stiadle Recor4ing Secretary c: Fort Pierce Harbor Advisory Committee Memþ,ers: Gail KaY(lp.¡¡gh, Chairman Howard t;o'nklin Councihnan Chris Cooper Delore~Hogan Johnson Jeanne Hearn Commissioner Christine Coke David Souza Mary Chapman Board of County Commissioners Dan McIntyre, Co~tyAttomey Doug Aßderson, CountY Adnlffii;;,trator Ray W¥I1y, Asst. Count):' Adm.' Don West, Public Works Director ..,J ...J 5 '-" FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting January 28, 2003 Convened: 3 :06 p.m. Adjourned: 4: 12 p.m. This meeting of the Fort Pierce Harbor Advisory Committee was held Tuesday, January 28, 2003 at 3 :06 p.m. in Conference Room #3 ofthe Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. Members Present: Delores Hogan Johnson, Chairman Commissioner Christine Coke Gail Kavanagh Jeanne Hearn David Souza Councilman Chris Cooper Howard Conklin Jerry Kuklinski (late 3:09 p.m.) Also Present: Missy Stiadle, Recording Secretary Victoria Winfield, Assistant County Attorney Maggie Large, Tribune Liz Martin, Executive Aide to Commissioner Hutchinson Charles Grande, Presidents Council Hutchinson Island Robert P. Anderson, Resident Indrio Ja'net Pentz, Executive Aide to Commissioner Bruhn Mary Chapman Bob Bangert, Conservation Alliance John Holt, Conservation Alliance Betty Lou Wells, Study Group Shirley Burlingham, North Beach John Parry, Waterfront Comcil John Arena, Earth First Linette Trabulsy, SLC Public Information Officer Commissioner Frannie Hutchinson Gayla Barwick, SLC Tourism Manager \..... ~ 1 AGENDA \. 1. ROLL CALL Roll call was taken 2. PUBLIC COMMENT There was no public comment 3. APPROVAL OF THE MINUTES OF THE DECEMBER 13, 2002 MEETING It was moved by Jeanne Hearn, seconded by Gail Kavanagh, to approve the minutes ofthe meeting held December 13,2002; and the motion carried unanimously by voice vote. 4. BEACH RENOURISHMENT - DON WEST, PUBLIC WORKS DIRECTOR ~ Don West, Public Works Director, stated that he was not at the last meeting but did read over the minutes from the last meeting. He stated that from what he could gather there were questioned raised at the last meeting regarding the Vero Beach renourishment project. Mr. West stated that he brought a copy of a letter to circulate so that Committee members could follow along. He stated just to give some background information on the project; the project in the Vero Beach area is called PEP (prefabricated erosion prevention). Mr. West stated that these are a type of submerged breakwater structure that looks almost like a concrete barrier wall similar to the ones the State uses on the highways as a barrier. He stated that these are much bigger and are brought in by crane and set out on the floor of the ocean and submerged just under the surface ofthe water. Mr. West stated the idea behind the design is that when the waves hit this, it creates sand on the upstream side or the shore side of the structure. He stated we have looked into these and done some research on them and they were considered for the St. Lucie Inlet area South Beach but have since decided not to go with this type of design because it has been unsuccessful in the past. Mr. West stated the first one that was done was in the town of Palm Beach in the late 1980's. He stated that after several years they settled in the sand and were of no actual help because they were then too low. Mr. West stated that the State then required them to remove the structures. He explained the process that Vero Beach currently has in use and how and why it is working for them and what they anticipate. Mr. West stated the State had an independent consultant do some monitoring of it and found that it shows increases of sand both behind the structures and also on the areas of each side of the structures. He stated that in the letter from the State, they stated that they did not think that structures had an impact one way or the other and that they think the sand would have accrued there whether there was a structure there or not. Mr. West stated that this is the same thing that happened in the Palm Beach area and the structures settled over time. He stated that based on all of the evidence that has been seen to date we are still not convinced that something like this would work, and rather than put taxpayers' money to risk, we felt it was more prudent to look into a different type of solution. Mr. West stated that \...- 2 '-' they came up with the T -Groin structures, which have been endorsed, by both the City and County Commissions. He stated that the Corp of Engineers originally brought the T -Groins to us and are involved with beach projects along the entire West and East Coasts of Florida. Mr. West stated the Corp thought based upon the modeling and hydrodynamic effects the T - Groins would probably be the best solution. He stated the decision we made is based on good signs and good engineering and he thought the Board made a good decision on it and the City Commission concurred. Mr. West stated that once the T-Groin structures are in place they would look at sand bypass structures and how we would transfer sand using some type of pumping system. He stated that this is in the works now and should have some results and a report in spring to early summer. Charles Grande stated that he was asked by the Presidents Council to express their gratitude for all of the hard work Mr. West and Mr. Bouchard have done in this area. He stated that they really appreciate the efforts and would support anything that can be done to investigate the sand transfer possibilities, which seems to be the best concept so far. '-' Robert Anderson commented on concrete crossties as a foundation for the T -Groins to cut cost in half on the project. He stated that he has presented this to the Harbor Committee and also to the County Commission but it has not been looked into. Mr. West stated that when it comes to permitting these projects there are certain things you can do and certain things that you cannot do under State rules. He stated the DEP is very strict on what can be put out there and they do not like man made structures and they are a last resort. Mr. West stated that he would pass the information along to Mr. Bouchard as a foundation material to check with the consultant to see whether it would be an option. Chairman Johnson asked Mr. West to pass this information along to Mr. Anderson. Mr. West stated that he would pass along the information to Taylor Engineering for consideration. 5. NATURES THEMEPARKNEWVlSITORS VlDEO-GAYLABARWICK, TOURISM Gayla Barwick, Tourism Manager for St. Lucie County thanked the Committee for the opportunity to show them the brand new visitor video. She stated they consider the video to be a very important selling piece in the material used to promote St. Lucie County. Ms. Barwick showed the video to the Committee, answered questions and concerns, and explained how the videos are distributed. 6. OTHER BUSINESS Chairman Johnson asked Assistant County Attorney Victoria Winfield if she had any information on the motion that was made at the December 13, 2002 meeting regarding container stacking. Attorney Winfield stated she did not have any information on the motion. Chairman Johnson asked that she check with Attorney Young and have her give an update at the next meeting as to what has been done thus far regarding the motion. '-' 3 \.... Jeanne Hearn suggested that the Chairman introduce the new members ofthe Committee for those who were unable to attend the December meeting. Chairman Johnson had each of the members introduce themselves. Chairman Johnson stated she received a copy of a letter from Commissioner Lewis to Doug Anderson stating that her appointee to the Fort Pierce Harbor Advisory Committee Mary Chapman would be out of the Country for several months and that during her absent Jerry Kuklinski would be serving in her place on the committee. Chairman Johnson welcomed Mr. Kuklinski to the committee. \.... Jeanne Hearn passed out an article to Committee members titled UNSAFE CARGO. She stated that this article spurred her interest and wondered since our port is a private port, were there any regulation and if so, are they being enforced. Ms. Hearn stated that she wrote a memo to Doug Anderson and he in turn generated a letter to find out the details and whether there are requirements. Ms. Hearn stated that she just wanted the Committee to be aware of this and that she was just simply asking a question to Mr. Anderson since he is our Port Director. She stated that she was hoping to have an answer by today. Howard Conklin commented that the police are unable to go onto private property without the consent of the property owner. Ms. Hearn stated that her concern is with the Harbor Pointe Area perspective, which is public property. She stated that she thought that when we did the minimum port security, the County approved to participate in that. Ms. Hearn stated it was her understanding that the areas had to be fenced and secured. Discussion ensued. Ms. Hearn stated with the power plant here she is concerned and would like to know where we stand. She stated if we don't have any protection she would at least like to know. Chairman Johnson asked Attorney Winfield if she could pass this information on to the legal department and also to Doug Anderson. She stated that we should really know who is enforcing. Chairman Johnson stated we have talked about this before and there was talk about fencing. She asked that stafflook into this and see what the status is. Charles Grande suggested that they also send these questions to the Haskell Company since they are working on the proposal for the port. Chairman Johnson stated it appears that there is ongoing concern from the Committee that we address the minimum security at our port. She stated that Mr. Bradshaw was the liaison from the Administration office with the Harbor Advisory. Chairman Johnson stated the Committee should revisit this issue seriously. Gail Kavanagh stated that she remembers there were funds available for minimum stuff like fencing and lighting and we had many discussion about this but for some reason we turned down the funding. Mr. Souza stated it was probably because the County does not own any port property and that it this was discussed in length. Ms. Kavanagh stated that she remembered that there was just a small part that the County was able to fence and light because the rest belonged to private owners. Chairman Johnson stated that was right, but what about the private owners. Mr. Souza stated even though Harbor Pointe is on the water, it is not part of the port perse. Discussion ensued. Mary Chapman stated that she talked with the Coast Guard and they stated that it was not their responsibility. Chairman Johnson stated at the security meeting the Coast Guard was in attendance. Mr. Arena stated that in the last week \..... 4 \... or two the Coast Guard was attached to homeland security so it may be different now. Ms. Chapman stated that was encouraging. Howard Conklin presented two articles to be attached to the minutes. Jeanne Hearn stated that on February 18, 2003, she hoped that the County Commission would make a move to go ahead. She stated that if they do not, we would lose the whole thing real quick. Mr. Conklin stated that he was upset with Senator Pruitt because there are condemnation laws on the books, which allow for proceedings and fair value to be given to the private property owner. He stated that he is a Senator and the legislator passed this law. Mr. Conklin stated for one man to disagree personally with the law and then use his influence on a committee to nullify the County and City Commission is an outrage. Committee member concurred with Mr. Conklin. Chairman Johnson stated that she read his article and was in the process of writing a letter from her organization to Senator Pruitt. She stated the County has been quite generous with Mr. Bell and back when the property was for sale the County could not move fast enough for WCI. She stated with all of the things that a County has to go through it was not feasible for WCI to wait around. Chairman Johnson stated to read Senator Pruitt's comments is like the County was doing absolutely nothing. She stated that the County just did not have the time frame to do it. \..- Jeanne Hearn stated that she was wondering if the Committee would like to make a recommendation since they will not be meeting again before the 18th. She stated the Commissioners have a big decision to make to go forward with condemning the 67 acres. Ms. Hearn stated that she would like to see the Committee pass on their feelings and support. Howard Conklin stated that he would like to add that this would also add to the safety, welfare and well being of the community and unless the port property is owned by a public entity our security issues and concerns will never be addressed and we will be powerless against terrorism and drugs coming into our port. It was moved by Jeanne Hearn, seconded by Howard Conklin, thatthe Fort Pierce Harbor Advisory Committee support and recommend the County Commission go forward with the decision to condemn the 67 acres of port property and move forward with the process so that the County does not lose the opportunity. Chairman Johnson asked for show of hands from all members that support the recommendation to support the County Commission to proceed with the eminent domain procedure. The vote was five to one in favor of sending a recommendation to the Commission. Committee member Gail Kavanagh was the descending vote. (Commissioner Christine Coke and David Souza were not present at the time ofthe vote.) Charles Grande commented on his approval of the vote. John Parry commented on the price of $5.5 million and stated that he would like to find someone in the County that was given that amount as the price of the property. ~ 5 ~ . . \..- \..- ~ Mr. Conklin stated that with the Public Information Officer in attendance he would like to suggest that the County rebut Senator Pruitt's statement because it makes the County Commission look like they were sleeping at the wheel and they weren't. Chairman Johnson stated that in the first article they have a quote from Doug saying that actual price in writing. Ms. Hearn stated that two weeks ago she questioned ifthe Senator had read the Haskell plan. She stated that Senator Pruitt did confirm that he got a copy of the plan but was too busy to look at it. Ms. Hearn stated that we should all encourage him to at least look at it before he makes a decision. Chairman Johnson asked ifthe Committee could start meeting a little earlier because she has a conflict with a program she conducts. Jeanne Hearn asked if there was a better day. Chairman Johnson stated that Fridays at one or one-thirty would be better for her. Mr. Conklin stated that earlier would be fine with him. Councilman Cooper stated that if they make the time one, he would be a little late. Chairman John son stated that they could keep the meeting on Tuesdays and start the meetings at 1: 15 p.m. and then the Vice Chairman could take over when she had to leave. It was decided by the committee members present to keep the meetings on the fourth Tuesday of each month and change the meeting time to 1 :15p.m. Robert Anderson asked that the Committee look into recommending to the County Commission that they expand the Little Jim Boat Ramp to accommodate more people, because when the Jensen Beach Causeway is being worked on the people in Martin County will be using our facility. Chairman Johnson stated that this is a good point and asked that this be brought up at the next meeting. 7. ADJOURNMENT Having no other business to discuss, it was moved by Councilman Chris Cooper, seconded by Jeanne Hearn, to adjourn. The motion carried unanimously by voice vote. The meeting adjourned at 4:12 p.m. Missy Stiadle Recording Secretary c: Fort Pierce Harbor Advisory Committee Members: Delores Hogan Johnson, Chairman Gail Kavanagh Howard Conklin Councilman Chris Cooper Jeanne Hearn Commissioner Christine Coke David Souza Mary Chapman Jerry Kuklinski Board of County Commissioners Dan McIntyre, County Attorney Doug Anderson, County Administrator Ray Wazny, Asst. County Adm. Don West, Public Works Director 6 ~ FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting February 25, 2003 Convened: 1:15 p.m. Adjourned: 2:08 e:!!!.:. This meeting of the Fort Pierce Harbor Advisory Committee was held Tuesday, February 25, 2003 at 1: 15 p. m. in Conference Room #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. Members Present: Delores Hogan Johnson, Chairman Gail Kavanagh Jeanne Hearn Councilman Chris Cooper Howard Conklin Jerry Kuklinski Pieter Stryker David Souza (late1:17p.m.) Commissioner Christine Coke (late1:28p.m.) Also Present: Missy Stiadle, Recording Secretary Heather Young, Assistant County Attorney Charles Grande, Presidents Council Hutchinson Island Emily Grande, Miramar POA Ja'net Pentz, Executive Aide to Commissioner Bruhn Bob Bangert, Conservation Alliance ~, AGENDA 1. ROLL CALL Roll call was taken Committee members gave self-introductions at Chairman Johnson's request. 2. PUBUCCOMMENT There was no public comment. 3. APPROVAL OF THE MINUTES OF THE JANUARY 28, 2003 MEETING It was moved by Councilman Cooper, seconded by Howard Conklin, to approve the minutes of the meeting held January 28, 2003; and the motion carried unanimously by voice vote. ~ 1 4. OPEN DISCUSSION \.,.- Jeanne Hearn stated that at the last meeting she was not insinuating that the County fence in Harbor Pointe. She stated that what she meant was that the active adjoining cargo property owners should have to have security measures in place. She stated that it was unfair for the County to have to pay for fencing when there are regulations in place for ports. Ms. Hearn stated that we are not using the property as a port and her intention was to find out if the property owner should be fencing their property for security reasons. She stated that Harbor Pointe was just an example of wide-open public property. Chairman Johnson asked Ms. Hearn if she wanted the minutes changed to reflect her point. Ms. Hearn stated that she did not think so; she just wanted the Committee to understand what her point was since she did not make herself clear. '-" Jeanne Hearn stated that staff was to look into a potential ordinance on the height of container stacking. Heather Young stated that she did get a copy of the City of Fort Piece ordinance, which limits outside storage and materials to 15 feet. She stated that she has talked with Dennis Murphy to see if that would have any implications on any of the existing businesses in the County and he did not feel that would be a problem. Ms. Young stated that she and Dennis would be drafting an ordinance amending the Land Development Code, which will then go to the Board for completion. Chairman Johnson asked if it would be consistent with what the City has. Heather stated that right now the City has 15 feet and they do not reference containers specifically, they just say outside materials. She stated that she wondered if the Committee wanted to limit it to just containers or any outside materials. Mr. Kuklinski stated he thought just in general. Ms. Young stated that this ordinance would cover anything in the County since the City already has an ordinance in place. Councilman Cooper asked would this then restrict them from not stacking containers since two containers would be over 15 feet. Ms. Hearn stated that the City has had problems with that because it is one foot short. She stated that we should be generous and specify the two container heights. Ms. Young stated that they would verify what that height would be and would do the ordinance equivalent to two containers. Mr. Conklin stated that they should also consider the crane size that would be permissible because some of the Gantry cranes can go up to several hundred feet in the air and are not only unsightly but the port is in the flight path of the Airport on Runway 32 which could be an obstacle. Ms. Young stated that Mr. Murphy had a concern with crane height also. Chairman Johnson suggested that they include this in the ordinance. Mr. Souza asked if they would then restrict the ships coming in also since they all have cranes above 15 feet. Ms. Young stated that the direction of the Committee was to deal with stored material. Mr. Souza stated that a crane could sit on a construction site for a year or so and he has one that has been on site for two years now with a 11 O-foot boom. Mr. Conklin stated that a Gantry crane would be a permanent fixture at the port to remove containers. He stated that he did not think that the structure of a ship coming into the port would be subject to this regulation. Mr. Souza stated that some '-" 2 ~ of the freight ships have booms that are 50 feet or higher how will you separate the two. Mr. Conklin stated that he did not think this was an issue. Ms. Young stated that she would not perceive stored material as being permanent. She stated that it is stored there and then would be shipped out and gone. Ms. Young stated that the issue is not so much what is inside the container, but the presence of the containers, which could be stored there. She stated if the Committee wants to limit it to two containers, a Gentry crane would be needed to stack them. She stated to keep in mind that the port is not in the County. Therefore we are not really talking about the situation at the port, we are talking about the situation outside the port within the County. Ms. Hearn stated that this developed and was brought forth by Robert Anderson's concerns that his residential property would be facing a potential container site and he asked the question could it be to protect the County anywhere from having this container stacking develop. She stated that it could develop anywhere from what she understands that any vacant land is viable for stacking. Ms. Young stated that yes this was true. Chairman Johnson stated that she would like for Heather to proceed. \r Jeanne Hearn asked if there had been any follow-up correspondence from the County or Florida Ports Council concerning security issues. Heather Young stated that Mr. Wazny from the Administration Office would address this. Councilman Cooper stated that the security issues are very serious and of great concern to him. He stated that from the discussion at the last meeting if anyone wanted to get in to check anything they would have to get a warrant or whatever for the police to go in and check anything. Councilman Cooper asked if anyone checks the boats for who is on them and whether they get off and wander around town. Commissioner Coke stated that she could give a little bit of insight but did not know how accurate it was but she checked with the City Attorney and he had been told that Customs would be going down there etc. and that they also have radar equipment and are checking boats as they come in and out of the port. She stated that this was verbal and she is not one to believe anything these people say verbally. Commissioner Coke stated that about a week to ten days ago she wrote to the Customs agency and the Coast Guard and told them that she would like information on how many boats they stop, how often they stop them, percentages etc. and exactly what their security measures are. She stated that she is expecting answers back from them momentarily. Councilman Cooper stated that after the last meeting he was under the impression that nothing is being done. Commissioner Coke stated that she was also under that impression, but then talked with the City Attorney and he had been verbally assured by Customs that this was not the case. She stated that she did not like verbal assurances and wanted something in writing. Chairman Johnson asked Commissioner Coke if she could give the recording secretary copies of the letter to be distributed to Committee members. Commissioner Coke stated that she would give copies of her letter and copies of their responses to the secretary for distribution to Committee members. Discussion ensued on the way that Customs is notified of incoming ships. Jeanne Hearn stated that there was an article in the newspaper that the Coast Guard has been designated to take over the operation. ~ 3 \. Commissioner Coke stated that she thought they had become a part of the Homeland Security. Ms. Hearn stated that it does not go into effect until June and the article stated that they would have to come up with a security plan by June. Commissioner Coke stated that she thought they had become part of the Homeland Security Team as of February 1 st but may not have to have a plan until June. Mr. Souza stated that he is more concerned with a small boat coming in from the Bahamas than a freighter. He stated that a small boat would be easy to get through here. Councilman Cooper stated that he would agree with that but the feelers are already out there that there is no one checking anything or doing anything. He stated that they could come in on any boat and bring in as many people as they wanted to. Councilman Cooper stated that with the Power Plant here it just floors him that there is no one checking these people out. He stated he could see it if this was a port with nothing around it but we have a nuclear power plant here. Discussion ensued about the types of vessels that are able to come in and out of our port with no notification to anyone. Councilman Cooper stated that what amazes him is that there are no answers to any of the questions raised at the last meeting 30 days ago and the situation is not getting any better and things are moving ahead and not scaling down and we have a nuclear power plant and an unprotected harbor with a private organization container company. Mr. Souza stated that there are currently two ships running from the Bahamas weekly bringing in fruit and others things and taking things out. Councilman Cooper stated that he is not for stretching the Coast Guard too thin but he knows from being a Fire Fighter that there is plenty of down time waiting for a distress call to come in. Mr. Souza stated that the only time they go out is if there is a life evolved otherwise Sea Tow is called. Ms. Hearn stated that prior to some of the members coming on board, the County has been notified by the Florida Ports Council and signed documents as a County that we would agree to their minimum standards. She stated the minimum standards were fencing and lighting and has not seen any of this at the AES property, which is wide open. \w- Chairman Johnson stated that Mr. Wazny was in attendance to address questions but would need to leave soon to attend another meeting. She asked if anyone had a specific question for Mr. Wazny regarding the port security. Councilman Cooper stated that he would like to know what has been done so far if anything. Chairman Johnson stated that when Robert Bradshaw was with the County we had met with all of the law enforcement agencies, Coast Guard and so forth and there was a discussion with FSTED dealing with something from a standpoint of fencing and lighting. Mr. Wazny stated that the publicly owned parcel Harbor Pointe does not have a lot of security concern simply because there is nothing out there. He stated that they do not want to fence it in because this would destroy public use of the parcel. Mr. Wazny stated that the port that is operating now which consists of the cargo operations is private property and it is difficult for a government to impose security on it. He stated that if there are requirements from a State or Federal level for security, the private property owner might be obligated to fence his property in or provide other security means. Mr. Wazny stated from the County standpoint we do \..,. 4 \..,1 not go in and fence private property. He stated eventually the port will be developed and at that point and time the areas that need to be secured will be secured with fencing which mayor may not include the private area. Mr. Wazny stated that they would like to include this as part of the package and get them onboard to provide it. \.r Ms. Hearn asked if Mr. Anderson was considered our Port Director. Mr. Wazny stated yes. Ms. Hearn asked if he was the Port Director over the functioning port or just Harbor Pointe. She asked just what is he Port Director of. Mr. Wazny stated that Mr. Anderson is Port Director of all publicly owned property, which is essentially Harbor Pointe. Ms. Hearn stated so then essentially he is not officially Port Director of the Port. Mr. Wazny stated yes, once we own the portion of what is now Mr. Bell's land, then that would be under Mr. Anderson. Ms. Hearn stated then Mr. Anderson has no right to question the private port owners. Mr. Wazny stated that we do have the right and there have been activities out there that we have questioned as a public entity and we have responsibility for the port and all the waters around it. He stated that we have a say as a public agency in what goes on there and any activity that might cause harm to the public we would take whatever action legally that we could. Mr. Kuklinski asked if there was any way that we could urge the State or National level to urge them to do something about this and have them mandate security fencing for private property. Mr. Wazny stated that it would be something that the County could look into but typically Governments do not impose things like this on private property owners. Don West stated that when Mr. Bradshaw was here, he had researched the funding with the Florida Ports Council and verified several times that under State funding for security it does not apply to private property and cannot be used for that purpose unless it is publicly owned land. Mr. West stated that he thought the State would have limitations, rules and regulations that would apply to every port in the State. He stated that the County couldn't take taxpayers money and make improvements on privately owned land. Howard Conklin stated that he had a general question about the condemnation of the port property. He stated that it was his understanding that there has been a deferral to pick out the parcels. Mr. Conklin stated that he was surprised because he thought that the whole 67 acres would be part of the condemnation. He asked if there had been a retrenchment from taking the entire 67 acres. Mr. Wazny stated that Mr. Bell stated that he would like to retain 15 acres of the property but the County has never received a written proposal from him. He stated that Mr. Bell at one time wanted to keep 15 acres for a cargo type operation and then selling the County the balance of the property, 52 acres. Mr. Wazny stated that the direction we are headed in is to see if we can seek a deal with Mr. Bell over the next 60 days to obtain the entire 67 acres, but if we are able to structure a deal other than that we would certainly attempt to do so. He stated that he knows that there is concern about the 15 acres. Mr. Wazny stated that even if the County is able to strike a deal where the County is able to purchase 50 some acres and the private developer has the 15, the private developer would have to go through the entire permitting process including the assurances that it complies fully with the Comprehensive Plan and the \w- 5 ~ City of Fort Pierce's development requirements before it could ever be developed. Mr. Grande stated that there were a couple of parcels to the west of the land that is held by Mr. Bell that are being considered as possibly being acquired to implement the Port Master Plan. He stated the concept of which parcels were not only for the 67 but also the two specific parcels contiguous to the west, which may be included to be purchased by the County to put together the land that is required to implement the Port Master Plan. Mr. Grande stated that this is a possibility but would be based on the 60-day study. Councilman Cooper stated that since he is the new guy he wanted to know who has the jurisdiction over everything and anything like over the water, lands in the County and the City. He asked what the makeup is of the Port and the area around it. Howard Conklin stated the current jurisdiction involves all three enforcement agencies the Coast Guard, the Sheriff and the City of Fort Pierce and Marine Police. He stated that there are numerous jurisdictions that overlap in the water. Councilman Cooper asked what about the land. Ms. Hearn stated that it is her understanding that the City has control of the zoning for the upland land use and the County controls the water. She stated that this is a serious conflict; therefore they have to work together to coordinate. Chairman Johnson stated with the berthing permits they have to go through the County to do anything and what Ray was eluding is that if by chance the 15 acres were held out, they would have a rough time trying to get somewhere. \... Ms. Hearn commented on the news article placed in the Committee packets at Mr. Conklin's request. She stated that the one article Marine Industry Group Drawinq Meqa Yacht Business a Priority confirms what she had heard about there being a lot of competition to draw the mega yacht business from St. Lucie County. Ms. Hearn stated that she is concerned about the delays and would sure hate to lose this opportunity because this is taking a long time. She stated that Fort Lauderdale is stepping up there effort. Councilman Cooper stated that we are now another 60 days behind and Fort Lauderdale has everything in order and ready to go. He stated that we don't have the property and are still 60 days away from the next process. Ms. Hearn stated that she heard that Charleston is also pursuing it. Therefore this would not only be a loss to this County, but also State revenue. She stated that we should really encourage people to at least listen to these figures. Ms. Hearn stated that she has not seen a deal like this, in her lifetime, come to our Port for opportunity and she has been here since 1949. Chairman Johnson stated that in the Committee members' packets is a memorandum from Mr. Anderson. She stated that she thinks that it is important that Committee members be familiar with the figures and information of the acquisition of the port property funding and felt that this was important information. Mr. Souza stated that he would like for the Committee members to discuss the meeting time. He stated that the new time decided upon at the last meeting does \..- 6 \.,. not work into his schedule. Chairman Johnson asked what time would work for him. He stated that later in the afternoon is fine with him and if she has a problem getting there at 3:00p.m. maybe it could be change to 3:30 p.m. Chairman Johnson stated that she has a hard time getting to the meetings if they are scheduled after 2:15 p.m. or 2:30 p.m. and that mornings are better for her. Mr. Souza stated that he works in Stuart and left his job site at noon today and was still late getting to the meeting. He stated that the rest of his day would be shot now because he would not be able to drive all the way back to Stuart. Commissioner Coke stated that she had recently been elected to the Board of Directors of the Pelican Yacht Club but before she told them that she would commit she wanted to make sure there was no conflict with meetings currently on her schedule. She stated that she was unaware of the new time, which was discussed at the last meeting after she had gone and that this new time of 1: 15 p.m. is now a conflict with the new meeting on her schedule, which is on the last Tuesday of every month from 12:00 p.m. to 1 :30 p.m. Mr. Souza stated that there are a lot of other people from the public that would like to attend this meeting too, which have to work and cannot get off in the middle of the day. Chairman Johnson asked if these people were also unable to get off for the 3:00 p.m. meetings. Mr. Souza stated that at the 3:00 p.m. meetings there were usually a half a dozen or more people in attendance that aren't here now. Jeanne Hearn asked Chairman Johnson since Friday was open for her if there would be a problem with changing the meetings to Fridays. Chairman Johnson asked if anyone else would have a problem with meeting on Fridays. Mr. Souza asked at what time would they want to start the meetings on Fridays. Chairman Johnson stated at whatever time everyone would be able attend. She stated that her schedule was wide open. Mr. Kuklinski stated that he thought they should go back to the old time of 3:00 p.m. Committee members concurred. Councilman Cooper stated that he has been to three meeting since being appointed to the Committee and all of them have been held at different times. He stated that he also has things to do and asked if this would be the end of changing the meeting days and times because we cannot keep changing to accommodate people. Mr. Souza stated that up until a couple of meetings ago it has always been at 3:00 p.m. on Tuesday and then was change in December but was at 3:00 p.m. last month. \..- It was moved by Jeanne Hearn, seconded by David Souza, to hold the Fort Pierce Harbor Advisory Committee meeting on the fourth Friday of every month at 3:00 p.m. The motion carried unanimously by voice vote. Jeanne Hearn stated that at the Commission meeting week before last, when the two items that the Committee decided to recommend to the Commission were presented, it was announced the motion to recommend was made by her. She stated that she sits at Commission meetings all the time and never hears who makes the motion and who seconded the motion and on both those issues it just happened to be her. Ms. Hearn stated that she did not care and was please to have done that but there have been times when she would have perhaps liked to know when recommendations are forwarded, who made them. She stated that she ~ 7 ~ did not know if she was being picked on or what but thought that it should be a policy of the Commission Board to either announce the full detail of who made the motion and that it should be consistent. Jeanne Hearn stated that she remembers that the Rachel B. Jackson had a sweetheart deal at our dock and this Committee addressed it and there were people that were concerned about the deal and now there are two ships there. Ms. Hearn asked if they were subletting to the other boat because dockage is quite expensive. She stated that she wanted to make sure that the County was being remunerated and not someone else making profit. Heather Young stated that she is aware of the Rachel B. Jackson and another boat that is there for a short time, but it is not related to the Rachel B. Jackson. Mr. Souza stated that it has been there for a couple of months now. Ms. Young stated that it has been there for a couple of months, but that they do not have a long-term arrangement like the Rachel B. Jackson. Mr. Souza asked if the County has been receiving funds for the dockage. Ms. Young stated that she could not remember but thought that the County was receiving $2,500. Ms. Hearn stated that she would like for Ms. Young to confirm that. Ms. Young stated that she would confirm it and provide information at the next meeting. Ms. Hearn asked if she had a report by the Rachel B. Jackson about revenue to the County. Ms. Young stated that she did see something a while ago and would provide it in the packets for the next meeting. OTHER BUSINESS ~ Chairman Johnson stated that Mary Chapman was elected as Vice Chair and that the Committee would need to address this since Ms. Chapman would be out oftown for six months. She asked Ms. Young if the Committee would need to elect a temporary Vice Chairman or if she would have to be replaced with a new Vice Chairman. Ms. Young stated that since Ms. Chapman would be gone six months out of the year and the meeting time was changed last month and it was thought that the Chairman may have to leave before the meetings would be over therefore the Vice Chairman would have to take over the meetings. She stated that the Committee might want to elect another Vice Chairman due to the fact that she would be gone. Chairman Johnson stated that the Committee would need to elect a Vice Chair and that person could be temporary until Mary gets back or just elect a new Vice Chair. Ms. Hearn asked if it would be improper to have her replacement on the Committee serve until she returns. Mr. Kuklinski stated that he was not prepared to be the Vice Chair. Chairman Johnson asked if anyone would like to volunteer to be Vice Chairman. It was suggested by a couple of Committee members that Gail take the Vice Chair position since she was the Chairman last year. Ms. Kavanagh stated that she would accept. It was moved by Councilman Cooper, seconded by Jerry Kuklinski, to appoint Gail Kavanagh as the Vice Chairman ofthe Fort Pierce Harbor Advisory Committee, and motion carried unanimously by voice vote. '-' 8 \..- \.." ~ 5. ADJOURNMENT Having no other business to discuss, it was moved by Pieter Stryker, seconded by Councilman Chris Cooper, to adjourn. The motion carried unanimously by voice vote. The meeting adjourned at 2:08 p.m. Missy Stiadle Recording Secretary c: Fort Pierce Harbor Advisory Committee Members: Delores Hogan Johnson. Chairman Gail Kavanagh. Vice Chairman Howard Conklin Councilman Chris Cooper Jeanne Hearn Commissioner Christine Coke David Souza Pieter Stryker Jerry Kuklinski Mary Chapman Board of County Commissioners Dan Mcintyre. County Attorney Doug Anderson. County Administrator Ray Wazny. Asst. County Adm. Don West, Public Works Director 9 I ~ FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting March 28, 2003 Convened: 3:06 p.m. Adjourned: 4:39 e.:!!!: This meetijìg of the Fort Pi,erce Harbor Advisory Committee was held Friday, March 28, 2003, at 3:06 p.m. in Conference Room #3 ofthe Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. Members Present: Delores Hogan Johnson, Chairman Gail Kavanagh, Vice Chairman Howard Conklin Jerry Kuklinski Pieter Stryker David Souza Commissioner Christine Coke ~ Members Absent: Jeanne Hearn Councilman Chris Cooper Missy Stiadle, Recording SecretarY Ray Wazny, Assistant County Administrator Heather Young, Assistant County Attorney Ja'net Pentz, Executive Aide to Commissioner Bruhn Bob Bangert, Conservation Alliance Robert P. Anderson, Resident (Indrio) Mike Monahan, Sheriff's Office AI Westerman, Homeland Security - US Customs Bob Waters, US Department of Justice US Attorney Shirley Burlingham, North Beach Homeowners Association Dan Conroy, South Beach Association Liz Flaisig, The Tribune Ed Battnglin, Customs and Border Protection Randall Brungot, Customs and Border Protection Mark J. Mello, U. S. Coast Guard, Fort Pierce Station Rick Hersey, USCG Station Fort Pierce Lt. Michael T. Lingaitis, USCG Marine Safety Detachment Jim Reeder, The Palm Beach Post " ~ Also Present: ~ 1 " I ~ AGENDA 1. ROLL CALL Roll call was taken 2. PUBLIC COMMENT There was no public comment. 3. APPROVAL OF THE MINUTES OF THE FEBRUARY 25,2003 MEETING It was moved by Howard Conklin, seconded by Gail Kavanagh, to approve the minutes of the meeting held February 25,2003; and the motiòn carried unanimously byvoice vote. 4. CUSTOMS AND IMMIGRATION SERVICE - SECURITY MEASURES AT THE PORT ~ Commissioner Coke stated that everyone has had a lot of questions the last couple of month.s and have not been able to get any follow up information. She stated that she had written a letter about six weeks ago and told everyone 'at the last meeting she would get them a 'copy oft~e letter and the responses. Commissioner Coke stated that instead of bringing a copy of the letters, she had brought AI Westerman, Homeland Security United States Customs Department, to come and speak along with a group of other gentlemen who would address all of their questions. Mr. Westerman stated that he is the Resident Agent in charge of the Bureau of Immigration and Customs Enforcement, which is run under the Department of Homeland Security. He stated that he received a letter from Commissioner Coke and as a result has had a number of conversations, which is why they are here today, to give everyone a rough idea of who they are and what is going on as a result of 911 on the Treasure Coast, on the Federal side, and to a certain degree on the State and local law enforcement side, as far as terrorist related activities or whatever. Mr. Westerman stated that he is now a part of the Department- of Homeland Security and before 911 was a part of the United States Customs Service Office of Investigations. He explained to the Committee that prior to September 11th, they basically had five priority investigative program areas and explained each one of the five. He stated on September 12th their agency was quick to react and the priority investigative program areas now are #1 terrorist related investigations, #2 terrorist and money laundering related investigations and #3 was terrorist investigations. Mr. Westerman stated that they are really dedicating resources to terrorist related activities and in that the Customs Service has initiated an operation known as Project Shield American where we were basically tasked to go out and talk with people in the industry specifically dealing with technology, weapons of mass destruction or anything of that nature that could harm our homeland. He stated that fortunately we do not have a lot of industry in this area that deals with critical technology and weapons of mass destruction so we tailored our presentations to other industries and also to things that are unique in our five county area. Mr. Westerman stated that he sent people out and they talked to a lot of people in the citrus industry and the big concern from the citrus industry was canker. It was very educational to find out how serious the canker problem could be. He stated they talked with the people in the dairy industry, and cattle industry. The one thing that was unique to the five counties is the relationships that existed before ~ 2 I ~ 911 and the ones that exist today between all of the State, local and Federal agencies. Mr. Westerman stated that it is a unique area and he is very happy to say that everybody gets along. He stated that since 911, the Federal Government has established a number of joint terrorist task forces in our area, which is run out of Miami. Mr. Westerman stated at the same time under the umbrella of the §tate of Florida, and basically under the Govemor, they have established a number of domestic security-task forces in which all of the State, local and Federal agencies participate in and all are geared towards addressing any issues of terrorism and domestic security. He stated that he would like to give everyone from the different agencies an opportunity to address some of the things that are unique to them. ~ - Mr. Westerman introduced Randall Brungot, Port Director out of West Palm Beach Customs and Border Protection and Ed Battnglin, Supervisor of the St. Lucie International Airport for the Customs anâ Border Protection. He stated that he thought that they were in a much better position to address specific issues regarding vessels coming into the Port of Fort Pierce and the airport. Mr. Westerman stated that he wanted to make everyone aware that St. Lucie International is probably one of the busiest if not the busiest private international airports as far as foreign arrivals in the United States. Mr. Brungot stated that he represents what is called the Bureau of Customs and Border Protection formerly known as the United States Customs and the United States Immigration and Naturalization Service and Agricùlture. He stated he went to Washington the week before March 1st to be part of a March ,1st Committee to basically decide what will happen on March 1st when the three former inspection agencies become one. Mr. Brungot stated that there is no doubt that this happened because of September11 tho He stated that he has been designated as the Interim Port Director for the three inspection agencies as you previously knew them, so where he was previously concerned with just customs mFltters, he is now concerned with immigration matters and agriculture inspection matters. Mr. Brungot stated his office is in West Palm Beach but he covers the five county areas of Palm Beach, Martin, St. Lucie, Indian River and Okeechobee. He stated that port of arrivals include West Palm Beach International, Port of Palm Beach, St. Lucie and what is called the Harbor here, which is really private terminals. Because they are not county organized, they are not owned by the state or a local civic port, they are privately owned terminals. Mr. Brungot stated that Indian River Terminal is increasing its presence here and there are more shipments coming in. He. stated they met with them about eight to twelve months ago and they projected what they wanted to do. Mr. Brungot stated that their activity is mainly export related and they are mainly shipping right now out to the islands. He stated that what we see coming back in is largely empty containers, nothing really significant yet. Mr. Brungot stated that he did not know if this port would become an import port at this time. Mr. Brungot stated that they are meeting with folks to make sure that security measures are being put in place for their locations. He stated that when Florida Department of Law Enforcement was getting rolling with port security 'measures, they met here at the county facility with other agencies on port security, but basically all of that port security enhancement and oversight that FDLE is doing is for the deepwater ports in the State of Florida, which Fort Pierce is not a part of. Mr. Brungot stated that the reason is because the large parts are not Government operated terminals. They are privately owned terminals and therefore a lot of the rules, regulations, and laws that apply to the Port of Palm Beach, Port Everglades, Miami, Jacksonville and others around the State of Florida do not apply to this port, so that the actual security that is in place down at Indian River Terminal or over at the agranite offloading area is the responsibility of the individual terminal operator. He stated that they have provided them with guidelines to have good security measures but that is between them and zoning, '-' 3 ,I '.. ¡ ~ permitting, and whatever else is required for them to be good corporate citizens here in the City of Fort Pierce and St. Luci~ County. Mr. Brungot stated that they are available to consult and provide guidance and are boarding vessels every day in and out. He stated that some of these shipments are routine and come in weekly or more frequently. Mr. Brungot stated that they have been there andJooked at the ships and their cargo and their crews. He stated they assess a lot of what thèy do with risk factors and after something is done routinely for a period of time, take care of other priorities, but always go back and do spot checks. Mr. Brungot stated if they have serious concerns about cargo they have the ability to transport that cargo down to West Palm Beach where they have an examination facility where they can strip cargo and x-ray it piece by piece. He stated that this is where they are witt.1 the new changes so far and that when ships come in, the Immigration side of their business they do have an obligation to meet and board these vessels and examine the crew. Mr. Brungot statèd that agriculture has to go out and look at it for the purpose of checking commodities on board such as Citrus to look at for protection of the State Agricultural crops and also International garbage for other pests and issuès that might be there. He stated that Customs in general is concerned about the cargo and contraband, but the big picture is anti- terrorism. Mr. Brungot stated that most of the traffic coming in here is from the nearby Bahamian Islands. He answered questions and concerns from Committee members. AI West~rman stated that he would like to add that they have a number of computer system~ and that he could assure them that a vessel whether it is island freight or anything else will not come into this port without their prior knowledge. Mr. Brungot stated that if there is cargo on board, they obtain advance manifests. He stated that one of their programs right now since 911 ~s the 24-hour rule. Mr. Brungot explained that any container that is going to be laden on board a vessel in a foreign port has to give them a manifest submission here in the United States 24 hours before that container is put on the ~hip so that they can look at all of the cargo and 'manifest information and make a determination of whether or not they even want to allow that container to be laden on board. He stated they have vast computer databases that screen this stuff as well as their own inspector resources to screen it. Mr. Brungot stated they also screen the crew manifest before they come on board and go through all of their database systems as to who is on board that vessel. He stated the Captain Master is responsible for giving them a true and accurate manifest. Then it is spot- checked and double-checked to make sure it is accurate. " ~ Mr. Westerman introduced Rick Hersey, Commanding Officer of the Fort Pierce Coast Guard Station. Mr. Hersey thanked the Committee for inviting him and introduced Chief Mark J. Mello, U. S. Coast Guard, Fort Pierce Station and Lt. Michael T. Lingaitis, USCG Marine Safety Detachment out of West Palm Beach. Mr. Hersey stated that Mr. Lingaitis is the expert as far as the Coast Guard's regulation of the ports and facilities and the monitoring of the inspections of the vessels coming in. He stated that they have a very fortunate situation here because all of the law enforcement agencies work together. Mr. Hersey stated that they all meet regularly and have a great working relationship. He stated that if someone does not know whom to call, as AI just said, call 911. Mr. Hersey stated there is a good sorting mechanism coming out of the St. Lucie County Sheriffs office. He stated that Captain Monahan knows what each of the agencies do and what their capabilities are. Mr. Hersey stated that the Coast Guard Station here is small and their emphasis is for surge ops and wherever the hot area is they send all of their resources, whether it is people or boats. Mr. Hersey introduced Lieutenant Michael Lingaitis and explained that he is the expert from their agency. Mr. Lingaitis stated with the high interest vessels, the Federal Government has a rule, and 96 hours before a vessel arrives they must ~ 4 ì I, / ...." provide specific information about that vessel's cargo, crew and all of the passengers on board. He stated that the Coast Guard, Customs and INS know when they will get a vessel like that and it is usually in the middle of the night. They get everybody together and they either get a cutter to escort the vessel or they board it and ride it in. Mr. Lingaitis stated that they do a complete search of the vessel and' work with Customs and INS to secure the vessel. He explained several other precautionary measures that the agencies use to ensure safety at the ports in the five county areas. Mr. Lingaitis stated that they are all working with each other and helping industry to be productive and comply with all of the regulations that are now in effect. He stated that the small ports are succeeding and doing business and there are more regulations that are being implemented that they will have to comply with. Mr.' Lingaitis answered questions and concerns from the Committee members. Mr. Souza stated that they seem to have the commercial vessels under control, but what about the private vessels. Mr. Lingaitis stated that ttley are stopped and looked at by another branch, which use to be Customs, along with the Florida Wildlife Commission. He stated that there are a lot of State, Local and Federal operations that are doing a lot of surveillance and targeting the people that appear to be returning back from the Bahamas when they actually bring back contraband and migrants. Mr. Lingaitis stated that all the different agencies are working together to identify this type of activity and stop it before they even depart for the Bahamas. He stated that it is a tough thing, but they are usually stopped before they even get here. Mr. Lingaitis stated that it would be harder in the near future for people to go to the Bahamas for the weekend. He answered questions and concerns. Mr. Conklin st-ated since the Federal Regulations will apply to private port owners, could they explain what has been highlighted as new requirements that might enhance the security of the Port of Fort Pierce. Mr. Lingaitis stated that there would have to be minimal security. There will be 'certain types of fencing around the facility like barbwire, access control, badging system so that they will know who is in their facility and can be accountable for everyone there. He stated that they would be required to have a certain amount of lighting, fencing, security and qualifications for the security personnel and training depending on the type of cargo that they will be handling. Mr. Lingaitis stated that there is a whole bunch of information and requirements and he could get the Committee the information for the proposed regulations that are to come. Mr. Conklin stated that he thought that Mr. Lingaitis. had done an excellent job of explaining what they are. Chairman Johnson stated that this is excellent news and she is quite pleased to hear about all of the cooperation that is going on. Robert Anderson asked how checking and security would change if the Mega Yacht Industry were to come to our port here. Mr. Lingaitis stated that basically they are recreational vessels and are privately owned and all they will have to do is clear with Customs. He stated that there would not be any Coast Guard oversight with it and would remain the way it is right now. Mr. Anderson stated that the other question he had was regarding the $100 billion industry in marine life in this County and no security around the sewer plant seawall. He stated that all that has to be done is damage to the tanks, which will leak out into our Lagoon and with an incoming tide it would destroy the marine life south to Martin County and north to Indian River County. Mr. Anderson stated that this is all part of the port area yet they have no security that can be seen. AI Westerman stated that he agrees and when they went out and talked with people in the various five Counties about certain things/problems that are unique to this area they got a lot of feedback but this is the first regarding the plant. He stated that this is a very good point and one that he has not heard of before. Mr. Westerman stated that this is something that they need to take a look at. Mr. Anderson stated that if this did occur, there could be 200,000 gallons of raw sewage ~ ~ 5 I \..... going one way or the other, which would mean a massive loss of marine life. Chairman Johnson asked Mr. Westerman if they would check into this. Mr. Westerman agreed that it should be looked at. Mr. Souza ëommented that his wife returned from Cuba recently and walked through Customs and claimed her bags with no problems. Mr. Brungot stated that assuming that she was using the Miªmi International Airport, they use a term called "Risk Assessmenf'. He stated there are high-risk flights coming in there daily, hourly, almost by the minute, and some are deemed medium risk, low risk, and they do not have enough resources to look at every passenger with 100% scrutiny the way that they would care to. Mr. Brungot stated that if on a particular day a flight from Havana were coming in against some other flights that had a higher risk value then they would put their other resources on the· higher risk. Mr.,Souza stated that he was just curious coming back from a communist country. Mr. Brungot stated that even though the flight did not get a visual person-to-person inspection, the data, which has gone through screenings of all kinds of law enforcement databases prior to coming, was already provided toCus.toms and security. Mr. Souza stated basically it is a question of manpower and priority. Mr. Brungot stated exactly. "" Dan Conroy, stated to build on the interest of the Mega Yacht Industry he has had some conversations with FDLE and the Florida Ports Council in Tallahassee and they indicated that at such time the Port of Fort Pierce becomes a public held port and 85% becomes a Mega Yacht facility and a small portion of container cargo then the whole port is subject to the Florida Security Statutes that apply to deepwater ports. Therefore we would have the State Security Statutes and the Federal Statutes. Mr. Lingaitis stated hypothetically if we have combination Mega Yacht/Freight terminal and it is a public port, then the whole facility would fall under 311.12 and the terminal for the cargo operations would fall under 33CFR for Federal requirements. He stated the Florida Statutes and ~he Federal Statutes are not very different but thè Florida Statutes is a bit more stringent and the Federal Statutes were based on the Florida Statutes. AI Westerman introduced Robert Waters. He explained that he is Chief of the Criminal Division of the United States Attorney's office here in Fort Pierce. He stated that they have been very fortunate since Bob has joined them in the Fort Pierce area because he is a hands on Assistant United States Attorney and is out with them all hours of the day and. night. Mr. Waters stated that he was happy to attend and asked if anyone had any questions for him. There were no questions asked. AI Westerman introduced Captain Mike Monahan with the St. Lucie County Sheriffs Office and stated that he is the most important person because almost anything that they do from the various Federal, State and Local agencies is in some way filtered through Mike at the Sheriffs Office. Captain Monahan stated that he has been with the Sheriffs Department for 27 years and was born and raised in St. Lucie County. He stated his home is here and he holds a major stake in St. Lucie County. Captain Monahan stated that he is in charge of investigations at the Sheriffs office but among other things that he does there he coordinates a group called "Blue Lightening" which is run out of the Customs service and allows local people and agencies to interact with Customs officials primarily on marine enforcement. He stated it was set up roughly 18 years ago as a coalition effort and meet once a month. Captain Monahan stated there is a response system set up in place, which was primarily targeting narcotics but is in place for any marine enforcement response that is needed. He stated that we could literally have 30 police vessels in one area in the matter of time that it would take to get them there, whether it be this port or any waters off of Indian \..... 6 / ~ River or St. Lucie County. Captain Monahan stated that all of the protocols are established and all agencies are familiar and very comfortable with them and there is an excellent response system in place. He stated after the September 11th event in 2001 the Sheriffs Office established weekly meetings and all of the agencies work very well together and talk almost on a daily basis because of tile cooperátion among them. Captain Monahan stated that at the Sheriffs Office, to ensure all bases-- are covered on a response situation to terrorism, or any type of disaster, they meet now with law enforcement, County Health Department, both of the Hospitals, and all of the Federal and State agencies. He stated that they know how each of the agencies will respond to the situation and what each is capable of Qoing. Captain Monahan stated that on a local level they have a very good coordinated first response and could mop up pretty much anything on a local level. He stated that if it were a big disaster beyond their abilities, then of course they have the options of bringing in mutual aid through the Fire Chiefs Association, Police Chiefs Association and the Florida Sheriffs Association and now the Regional Domestic Security Task Force. Captain Monahan stated that beyond and in addition to those rèsources are the Federal resources and the National Guard. He stated that we are very well equipped on a local level and are very fortunate because on an initial response, he is certain that we could contain an initial issue, 'regardless of where it may be, in the port or anywhere in St. Lucie County, that until such time, we would need any outside resources. Captain Monahan stated that everyone here' should be very comfortable with the response s.ystems that are in place and the cooperation that exists between the local and Federal agencies. '" Shirley Burlingham commented that she wished that this could have been done so that all of the citizens of the County could have taken advantage of it. She stated that she has been asking questions for the past month on what is being done with our inlet, lagoon, and 32 miles of beach. Ms. Burlingham stated that this is the first time that we have ever had a united group here telling us what is being done. She stated that she would include this information in her newsletters to her association. Commissioner Coke stated on a personal note, she just wanted to let all of them know how much she and the Committee appreciate them coming out and taking the time to speak to the Committee. " 5. OTHER BUSINESS Heather Young stated at the last meeting there was a question about a yacht that was parked at the dock and she was asked to find out what they had paid to dock there. She stated it was $3,021 and was for not quite three months. Ms. Young stated she was also asked what account this money was put into and what it was used for. She stated that this money was put into an account for improvements to the dock area. Mr. Anderson asked if that money could possibly be used to build another dock. He stated that at nighttime water is closed off so that you cannot get out there to do any fishing. Ms. Young stated that she did not think that $3,000 would be enough for that. She stated that she thought that our grant writers were trying to get some money for building more boat ramps. Chairman Johnson asked Heather if she had any more information on the ordinance for container stacking heights. Ms. Young stated that she has been working with Dennis ~ 7 \.,. ~ ~ ,:,1 I Murphy and the rough draft is still in the works. Mr. Kuklinski commented on concerns that he has since this would be in the,.flight path going into the St. Lucie Airport. He asked if there was an FAA regulation as to how high an object can be within this area. Ms. Young stated that we have existing airport height restrictions in the Land Development Code. Mr. Souza stated that they do not actually use that access and if you look over there, the Silos are higher than the crane and they are'lighted. Mr. Kuklinski stated that he noticed that the Silos are not very well lit and there is a 200-foot cell tower that has no lights on it. Ms. Young asked which tower. Mr. Kuklinski stated that it is on the west side of US 1 and Avenue M. Chairman Johnson stated that this is the newest one but it is about·a year old. Ms. Young stated that she would ask the Airport Director if this is a problem. . Mr. Anderson sta.ted that he read in the paper that the City is talking about dredging the Marina again and wanted to use the Bell property as a temporary disposal site. He stated that he just wanted to know if anyone had checked witt) Mr. Bell to see if this would be all right. Chairman Johnson stated that he has always been agreeable to dredged material being put on his property. Mr. Anderson stated that it was in the papers as a quote from one of the City Commissioners. Commissioner Coke stated that she thought that it was in the proposal that was made so this leads her to believe that Dean over at the Marina has had som~ discussion with him regarding that, but she was not sure. Mr. Conklin pass~d out an article that he saw in the Tribune and asked that it be attached to the minutes. He read portions of the article to the Committee, which reported how Indian River Terminal handles their security measures. Mr. Conklin stated that he did not think that this was a great response when the Country is in heightened alert. 6. ADJOURNMENT Having no other business to discuss, it was moved by Gail Kavanagh, seconded by Howard Conklin, to adjourn. The motion carried unanimously by voice vote. The meeting adjourned at 4:39 p.m. " Missy Stiadle Recording Secretary c: Fort Pierce Harbor Advisory Committee Members: Delores Hogan Johnson, Chairman Gail Kavanagh, Vice Chairman Howard Conklin Councilman Chris Cooper Jeanne Hearn Commissioner Christine Coke David Souza Pieter Stryker Jerry Kuklinski Mary Chapman Board of County Commissioners Dan Mcintyre, County Attorney Doug Anderson, County Administrator Ray Wazny, Asst. County Administrator Don West, Public Works Director 8 I \...- FORT PIERCE HARB.OR ADVISORY COMMITTEE Minutes of Meeting April 25, 2003 )1 \ . Ädlourned: 4:26 Q:!!l: Convened: 3:07 p.m. '", This meeting of the Fort Pie¡;ce Harbor Advisory Committee was held Friday, April 25, 2003, at 3:06 p.m. in Conference Roo~ #3 of the Admini?tration Annex Building, 2300 Virginia Avenue, Fort Pierce, Fl9rida. . / 'Ii' ",' Delores Hogan Johnson, Chairman Howard ConKHn Jerry Kuklinski" Pieter Stryker David Souza . Commissioner Christine Coke ~ Jeanne Hearn Councilman Chris Cooper Members Present: ~ Members Absent: Gail Kavanagh, Vice Chairman "- /. Missy Stiadlè, Recording Secretary Ray Wazny, Assistant County Administrator Katherine Smith, Assistant County Attorney Ja'net Pentz, Executive Aide to Commissioner Bruhn Liz Flaisig, The Tribune Jim Reeder, The Palm Beach Post Eva Luna, Executive Aide to Commissioner Barnes Liz Martin, Executive Aide to Commissioner Hutchinson Charline BÜ~ss, Executive Aide to Commissioner Hutchinson Harriet W. Brenner, Citizen John Parry, Waterfront Council . . Charles Grande, Presidents Council Emily Grande, Presidents Council Barbara Felton, Executive Aide to Commissioner Lewis " ~. Also Present: / ~ 1 I \....- AGENDA 1. ROLL CALL Chairman Johnson called the meeting to order and roll call was taken. 2. PUBLIC COMMENT , '" )1 \ . i . ' John Arena stated that the public trust~ that the Indian River Lagoon will be treated as if it is the -most diverse estuary in North America, because it is. . I .3. APPROVAL OF-THE MINUTES OF THE MARCH 28, 2003 MEETING " It was moved by Howard Conklin, seconded by Jean Hearn, to approve the minutes of the meeting held March 28, 2003; and tþe motion carried unanimously by voice vote. 4. OLD BUSINESS ~. Bjet~r- Stryke~ stated that on page 7 of the March 2~, 2003 meeting minutes he had q4éstions regarding the boat at the dock. He asked if there should be, or if there is a requirement for insurance on the boat that is parked there. Katherinè Smith stated that most oQhe cof\1racts do have insurance requirements but she is not familiar with this specific contract but she would check. Mr. Stryker stated that he was just interested to know if this boat had insurance or not. Chairman Johnson asked Katherin~ if she would check and get back witt:¡ the Committee. ( Mr. Wazny stated the Committee had requested staff move forward with the container height provisions to change our Ordinance. He stated the next time they go to the Board this would be part of the package, which will probably be within the next three months. Mr. Wazny stated this probably requires LPA approval and the Planning and Zoning Board approval before it gets to the Board of County Commissioners. Jeanne Hearn asked if the Harbor Committee would see the packet before it goes to the Planning Board. Mr. Wazny stated' that he would ask that it be sent toJ1im. Chairman Johnson asked if staff would send it to the Planning Board. Mr. Wazny stated that when it is prepared for the Planning Board and sent out they would have copies sent out to this Board. as well. '- Howard Conklin commented on the discussion regarding the conflict on the City Ordinance preventing barbwire fencing around the port and the proposed new mandated security measures. He stated that property owners are wondering where they can go and his suggestions is that the City of Fort Pierce perhaps consider conforming their Ordinance to proposed Federal Regulations governing the security of the port. Commissioner Coke stated that she would check because there might be a way that they could get a variance on that type of thing. She stated that they might not want to change the Ordinance because then others would want to use barbwire. Mr. Conklin stated that he agreed and it should be specified that it could only be used in order to abide by the Federal Regulation ordering. Chairman Johnson asked Commissioner Coke to please check into this. ~ 2 '-" ~. ~ ¡ 5. NEW BUSINESS . , Chairman Johnson stated that Ray Wazny, Assistant County Administrator was in attendance to give the Committee an overview of information provided on the Port of Fort Pierce. She stated that after his overvjew the Committee and public in attendance could ask questions. \ Mr. Wazny stated that he would summarize~ letter that Doug Anderson sent out today. He stated that two of the documents that are in the packet had been received at noon today. Mr.-Wazny stated that Ms. Hearn had spoke to him a couple of days ago regarding receiving inf6rmation. He stated that they were able to put the packet together around noon today and apologized that the Committee has not had time to digest the information. Mr. Wazny stated that it is in essence a staff recommendation to the Board of County Commissioners relative I to the port. He stated that he would go through the document page by page and summarize. Mr. Wazny stated on the first page, part of the condemnation process calls for a needs analysis, and for the County to do à. neeçl analysis Taylor Engineering has estimated the cost of at $150,000. He stated on page two under Alternative Funding the critical thing in that paragraph is that County staff has not identified an alternative funding source in the ~vent..the price exceeds $12,000,000. Mr. Wazny stated the Haskell Proposal if approved Wöqid cost roughly $3.8 million. He stated the Haskel~ Business Plan had assumed the availability of FSJED funds which is the $20,000,000 that Senator Pruitt would not support if the County condemn the property. Mr. Wazny stated that Haskell would require a $47,000 fee to prepare a revised Business Plan. He stated under Potential Private Development they had received a letter today from Lloyd Bell, indicating that he has two Letters of Intent to sell 52 of the 67 ¡:icres for $31.2 million. Mr. Wazny stated tha1 there is a third party also involved and County staff has spok;en to twd of the groups who have submitted proposals to Mr. Bell and are confident that what Mr. Bell has stated in his letter is accurate. He stated on page three under Berth Permits that Berths 1 and 4 are set to expire in May of 2003 and re- permitting 9f these will be a much easier process then initial permitting, which will have to been done for Berths 2 and 3. Mr. Wazny stated that getting the permits for Berths 1 and 4 should be an easy process, but they will have to obtain owner approval in order to ask for the permits. He stated under Litigation Costs the County's cost are likely to exceed $400,000 to move forward with condemnation and an Estimate of Pre-Acquisition Cost is done to show the best case scena~. For eminent domain $400,000.00, revised business plan $47,000, feasibility study $150,000 and then the Haskell proposal at $3.8 million, which will bring the cost to roughly $4.4 million to move forward. Mr. Wazny stated under Conclusion the last sentence, which reads as a result, acquisition through eminent domain of any of the property being studied, in the opinion of our special counsel, Mark Ulmer, is questionable, and should not be pursued at this time. He stated the recommendation to the Board is that they defer further action on the port acquisition project, the Haskell proposal and the Taylor Engineering proposal until the conclusion of the spsciallegislative session to reinstate the $20 million dollars or a new owner is identified. '. Mr. Wazny explained that also in the packet is a letter from Mr. Aguila indicating that the Florida Seaport is the only viable source of funds to assist with acquisition of this site. He stated the next page in the packet was a memorandum from Dennis Beach, which addresses the following letter from Doug Anderson to Mr. Beach asking about funding through the CRA. Mr. Wazny said that the second paragraph stated that it is possible and appropriate to engage in this activity with funding. He stated that it is also indicated in the 3 ~ ~. ~ ¡ second to the last paragraph that the price of the property has escalated through speculation to the point that any proposal that would satisfy existing landowners would not generate the revenue necessary to service the debt on the acquired property. Mr. Wazny stated that he would be skipping the next document in the packet, which was the request for information from Dennis Beach. He stated the-next item is an emailed document for the report that follows. Mr. Wazny stated that it is a scope of services to do the needs analysis. He stated to turn to page six of ~he report to review tl)e¡ cost of doing th~ needs analysis which has been indicated at $150;000. Mr. Wazny stated,the next item in the packet was a letter received today from Mr. Bell indicating that he has two written offers to purchäse 52 of the 57-acres, and he also indicated that he has a third offer for the property to be in by next Friday. Jerry Kuklinski asked if County staff has spoken with the people that have made the two offers and feel that they are legitimate offers. Mr. Wazny stated yes. Mr. Kuklinski p-sked if the buyers had given any indication what they plan to do with this property. Mr. Wazny stated that he thinks that both of them havè a component of the Mega yachts since that is a viable customer out there. He stated that he did not know what the component is of the third offer, because County staff'~as not spoken with them or seen any documents. Mr. Kuklir:1ski asked if any of the components are cargo. Mr. Wazny stated that Mr. Bell has clearly indicated to the Board that 15 acres that he has will be used for port use, which may iqcllylde cargo. He stated that it is important to note that if we move forward with 80nde[Tlnation of the land for the port, that in order to cOnvince a court that condemnation was appropriate, we would have to as a government entity show the Court that the port muld be used for commercial purposes and commerce. Mr. Wazny stated that to do that with a Mega Yacht component would be difficult. He stated that it may be difficult to convince a Judge that this is commerce. Discussion ensued regarding the offers referenced in the lettßr from Mr. Bell containeq in the packet and the re-permitting of the Berth permits. Mr. Wazny answered questions and concerns from Committee members. Ms. Hearn commented on Mr. Bell's last minute opportunities and how the information also comes in at the last minute. She asked Mr. W azny what the appraisals were on the property that the County had done, because this seems like a tremendously wonderful opportunity for Mr. Bell if it is true. Mr. Wazny asked Ms. Smith if she knew what the figures were. " ...., Mr. Wazny stated that County staff spoke with the parties and are comfortable that they are appropriately funded to make the. deal. He stated that they came to the County independently, the County did not go and search for them, nor did Mr. Bell bring them to the County. . Ms. Hearn asked if the buyers had inquired about the Berth permits or wanted proof of them. Mr. Wazny stated that in the original Haskell proposal it provided for a commitment on the part of Government by both State and local of roughly $52 million on infrastructure, which may have gotten the attention of those that would want to use the port. Discussion ensued regarding the Berths and the potential buyers and any information the County may have on them. Charles Grande commented on why he thinks this news is good, instead of bad, for the County and its taxpayers. Chairman Johnson asked if she could get a point of clarification on Berth 1 and 4 and the permits. She asked if part of the 15 acres was included on Berth 1. Ms. Hearn stated that 4 ~. . ¡ '-' . she thought that Berth 1 was. Mr. Wazny stated that he thought that it was immediately adjacent to Indian River Terminal property, which would then be within the 15 acres. Chairman Johnson asked if staff could find out when exactly in May the permits will expire. She stated she thought that this would be critical because there is an administrative action that has been held in advance of the-two critical Berths. Pieter Stryker asked, Mr. Wazny if he cJ>l,Ild get a clarifi'ç;ation on whether or not condemnation does in'1act have a commercial component required. Discussion ensued among the Committee members and th,e public in attendance as to whether or not the Mega Yacht industry is a commercial activity. Mr. Conklin stated that the Committee would need some clarification frbm the County Attorney because as laymen they are all speculating right now and under the definition of the CÐurt they may not lookat it from a condemnation point of view. Mr. Wazny stated that any development at the port will need to meet all of the , requirements of the Port Master Plan and the Cónìprehensive Plan and pass through the site plan review process with the Ci\y of Fort Pierce. He stated that there are a number of check points along the way that must be met before any development can proceed. It was moved by Howard Conklin, seconded by Christine Coke, to recommend to the Board g!:CÇ>unty Commissioners that it be reconfirmed that the extensions are in no way possible and thé!t full attention be given by staff and the Board of County Commissioners to see what has to be done on re-permitting the Berths. Chairman Johnson stated that she would like to ~ke the motion as precise as possible. Discussion ensued. Chairman Johnson stated that thè Committee would like to basically ask staff to look into the permitting situation for Berths 1 and 4 and look into defining Mega Yacht as opposed to the cargo type of application. Discussiqn ensued. Mr. Souza sta;ted that he would like tb knòw if Mr. Bell could apply for the Berthing Permits on his own. Ms. Hearn stated that she would like to have a special meeting when staff gets information. After discussion Commissioner Coke withdrew her second to the motion in order to obtain information from staff. She stated that the most important information would be to ascertain whether or not the Berths are renewable at this point and time. ~ ...., It was moved by Howard Conklin, seconded by Christine Coke, to recommend that staff look into the extensions of the Berthing Permits and bring it to the attention of the Board, if there is a possibility of extending it with thèiimitation of Mega Yacht use only. The vote was seven to one in favor of the recommendation. Committee member Jerry Kuklinski voted no. Chairman Johnson asked staff to please look into the recommendation. Chairman Johnson asked if anyone would be interested in having a special meeting on the Berthing Permits. She stated that she thought that they would be gone by the first part of May. Mr. Conklin stated that he had some documents to be placed on file. He stated that he contacted Senator Graham's Office and was sent material on seaports and security. Mr. Conklin asked that the cover of each report be attached to the minutes so that all will know that they are available for use. ~ Jeanne Hearn stated that she would like to request the duties of the Port Director because things have been going on at the present Port and the City has had to impose violations on activities. She stated that there is an ongoing problem there, and the City may need the help 5 \..r '-' . ~ ,~ I of the County to help monitor. Ms. Hearn stated that she did not know if it would be the Port Director's job or who would need to be notified. She stated that someone needs to be protecting our Community and we need to know who is in charge. 6. ADJOURNMENT Having no other bUSiQ,~SS to discuss, it w~s moved by co~missioner Christine Coke, seconded by David Souza, to adjourn. The motion carried unanimously by voice vote. Thß meeting adjourned at 4:26 p.m. , Missy Stiadle Recording Secretary ',' c: Fort Pierce Harbor Advisory Committee Members: I:)elores Hogan Johnson, Chairman GaiíKayanagh; Vice èhairman Howard Conklin - -. . Ceuncilman Chris Cooper Jeanne Hè"arn Commissioner Christine Coke David Souza Pieter Strýker . Jerry Kuklinski Mary Chapman Board of County Commissioners Dan Mcintyre, County Attorney Doug Anderson, County Administrator Ray Wazny, Asst. County Administrator Don West, Public Works Director " " ,- '--....."" ...... 6 ¡ \.. FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting May 23, 2003 Convened: 3:11 p.m. Adjourned: 4:41 e!!!: This meetirg of the Fort Pittrce Harbor Advisory Committee was held Friday, May 23,2003, at 3:11 p.m. in Conference Room #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. Ii" ,,#"' Jerry Kuklinski Pieter Stryker David Souza Jeanne Hearn Councilman Chris Cooper Gail Kavanagh, Vice Chairman (I"ate 3:13 p.m.) Members Present: ~ Commissioner Christine Coke Howard Conklin Delores Hogan Johnson, Chairman Missy Stiadle, Recording SecretarY Ray Wazny, Assistant County Administrator Heather Young, Assistant County Attorney Ja'net Pentz, Executive Aide to Commissioner Bruhn Jim Reeder, The Palm Beach Post John Parry, Waterfront Council Charles Grande, Presidents Council John Arena, Earth First " Members Absent: \.,-. Also Present: ~ 1 I \..- AGENDA 1. ROLL CALL Councilman Chris Cooper called the_meeting to order in the absence of the Chairman and Vice Chairman and roll call was taken. 3. APPROVAL OF THE MINUTES OF THE APRIL 25, 2003 MEETING It was moved by Jeanne Hearn, seconded by Pieter Stryker, to approve the minutes of the meeting held April 25, 2003; and the motion carried unanimously by voice vote. 2. P,,",BLlC COMMENT , Addressed under old business 4. OLD BUSINESS \.-" Charles Grande commented on the announcement at last month's meeting regarding the offers (:>n Mr. Bell's 52 acres of property. He asked if the Committee would be getting an update bn that situation and see if any additional information has come forward over the last mQnth regarding the offers and who made them. Mr. Wazny stated that the only information he has at this point is that Doug Anderson has talked with Mr. Bell and he indicated to Mr. Anderson that the talks were proceeding with the parties that are interested in purchasing the port and that is it. Mr. Grande asked if the County has identified the parties. Pieter Stryker stated that it was indicated; at the last meeting that we would know soon who the parties were and the details. Mr. Wazny stated that Mr. Bell has not elected to share that information and we do not have the details of the offers. He stated that we do know who two of the parties are, but have been asked not to divulge them. Jeanne Hearn asked if the County knows how many years, months or days the County is willing to wait for Mr. Bell to come forward with information and if they will reconsider condemnation or another avenue rather than hold up the opportunity that we have. Mr. Wazny explained reasons why" condemnation would not be an opportunity and could be viewed as a last resort. He stated that the County is not in the position to put pressure on Mr. Bell other than what has already been indicated which is that the Board may take condemnation action. Ms. Hearn stated that Mr. Anderson at the Commission meeting that evening gave a 30-day window. She asked if that was still on track. Mr. Wazny stated that the 30 day window was to determine whether or not the $15 to $20 million would be funded by the State for participation in the condemnation of the acquisition of the port. Ms. Hearn suggested that they listen to the tape again because it was indicated that Mr. Bell should have something coming forward. She stated that she feels the County cannot afford to play games forever, and could be missing a $100,000,000 opportunity a year of economic benefit. Discussion ensued as to whether this is just a ploy on Mr. Bell's part and if the offers are bonafide. Jeanne Hearn stated that she saw an article in the Post today regarding marinas and condos and asked why we are not going forward with Harbor Pointe in a positive way. She stated that it seems everything that is positive at the port the County has a rhyme or reason against. Ms. Hearn stated that we heard that its a Coastal high hazard area and can't build condos. She stated that Haskell reported that this area is prime for that, looking right out of ~ 2 ¡ \w- our inlet. Ms. Hearn stated that our Director of whatever Planning or whatever he is says that we cannot build it because they frown upon it. She stated that it Coastal high hazard where they are building it in Boynton and why is it that we cannot make these things work. Mr. Wazny stated that we can, but there are some issues to be resolved. He stated that first of all the property was bought under a voter initiative and is to be used for recreational, commercial use and it would be stretching it to-use the property for residential use. Mr. Wazny stated that the secondary issue is the zoning of that particular property is not consistent with residential use and some zoning changes would have to take place. He stated that it is not that we cannot get around them, but they are issues that have to be dealt witb. Ms. Hearn stated that we are not even dealing with these issues or attempting to do anything positive. She stated that it seems like Mr. Bell can throw body block whenever he wants and the County bows down to him. Ms. Hearn stated that something is wrong that we are not progressing in a positive way on the most beautiful piece of property in our éommunity or maybe even in the State and now we ar~ going to blow it now as a dumpsite. , Mr. Souza stated that maybe it should be preserved for recreational use, which is what it was intended for. Ms. Hearn stated that Trust for Public Land said that this has got to be a public park and a good Community would make it a park. She stated that it would bring more economic positive development if we did. Ms. Hearn stated that Vero Beach created a park, but S~: Lucie County cannot do anything positive. //,/' Pieter- Stryker asked if it is time that the County gave Mr. Bell some kind of time limit. Mr. Wazny stated that he did not know what Mr. Bell's motives are and did not know his thought pãhern Of process. He stated that the Board looks at this Committee to make recommendations to them. '-" , John Parry stated that he would like to see the Board of County Commissioners tell Mr. Bell what limited cargo means. He explained the reasons the Board should define it. Ms. Hearn stated it should have been done by definitions with the Comprehensive Plan. Ms. Hearn stated that she would like to make a motion that this Committee is concerned abc;>ut delays and also to'define our concerns. She stated that when she attends a County Commission meeting she would like to hear updates done publicly on the progress being made. Ms. Hearn stated the citizens should know what is going on, rather than basically holding the-, Community hostage. Mr. Souza stated that personally Mr. Bell's private dealings are none of our business. He stated that we are either going to buy the property or condemn and take it or we are not. Mr. Souza stated that Mr. Bell has the right to develop his own property to its best potential within the confines of the zoning. Ms. Hearn stated that is right but she thinks that normally it is done in partnership with the Community through the regulations. Mr. Souza stated that maybe Mr. Bell has not decided what he is going to do with it yet. Ms. Hearn stated that maybe we need to condemn it because it is holding our County back. Discussion ensued between Mr. Souza and Ms. Hearn. It was moved by Jeanne Hearn, seconded by Jerry Kuklinski, to recommend to the Board of County Commissioners to find out what Mr. Bell is doing with the property offers, to keep the public informed and define the limits of limited cargo. The motion carried unanimously by roll call vote. Howard Conklin Gail Kavanagh Comm. Coke Absent Yes Absent ~ 3 '-" Councilman Cooper David Souza Jeanne Hearn Jerry Kuklinski Delores Johnson Pieter Stryker ¡ Yes Yes Yes Yes Absent Yes It was moved by Pieter Stryker, seconded by Jeanne Heam, to recommend that the Board of County Commissioners by July 18th of this year verify the validity of Mr. Bell's presented offers and in the absenc.e of the verification renew efforts to acquire the property. The motion carried unanimously by voice vote. Howard Conkliñ ~ Gail Kavanagh Comm. Coke Councilman Cooper David Souza Jeanne Heam Jerry Kuklinski Delo'res Johnson Piete'~Stryker Absent Yes Absent Yes Yes Yes Yes Absent Yes ~ Ms. Hearn stated that at the last meeting she had asked for an update about our Port Directors duties. She stated that she would like to hear what his duties are especially since we are in Orange alert and need to know who is calling (the shots. Heather Young stated that she thou'gh Mr. Wazny would be addressing this question, but was called out of the meeting. She stated that the County Administrator is considered the Port Director at this time and his duties are to oversee everything that has to do with County activities that are related to the port. She stated that for the new security issues there are different staff people that are involved, but he is the one that the County has designated as the Port Director. AttomeyYoung answered questions and concerns from the Committee members and public in attendance. Ms. Hearn explained the reasons why she asked that this question be addressed. Discussion ensued. Ms. Heam stated that someone should be monitoring what is going on; it should not be the public's responsibility. Attorney Young stated that she would pass the information on. Ms. Heam stated that the Director should be over seeing these concems. ~. Jeanne Heam stated that she got information today, that will go before the County Commission next Tuesday, that we are thinking of using Harbor Pointe as a spoil site. She stated that Taylor Creek has already been tested and already has many toxins in it. Ms. Heam asked should we be using this as a dumping ground. She stated that our County is behind it because the City wants to use it for their marina and this one wants to use it for a dumpsite. Ms. Heam asked why St. Lucie County gets dumped on all of the time. Mr. Souza stated that if Harbor Pointe is used, it will have to be removed, whereas if we had a permanent spoil site, it would be pumped there and remain there forever. Ms. Heam stated that up in Melboume the spoil site has been there three years and what if we have an opportunity to develop Harbor Pointe now and we have a bunch of sludge piled up and can't move it until it drains. Discussion ensued. ~ 4 j '-' Gail Kavanagh stated that her husband is the FIND Director for this County and that Committee should meet with him. Jeanne Hearn stated that in the meantime would the County be approving all of this on Tuesday. Mr. Wazny stated that clearly staff has had demonstrations before the Board of County Commissioners and Don West has appeared before this Committee to talk about the directión we are going with respect to dredging. He stated that it is important to keep· in mind the purpose of pulling the stuff out is for environmental reasons. Mr. Wazny stated that clearly it is problematic as to what to do with it once it is dredged. He stated that we have talked about various methods and alternatives as to cleaning it up and drying it up before trucking it. He stated that if contaminates are foynd they would go to the landfill. Mr. Wazny stated that we have wrestled with the issues an.cl brought them forward and the reason we are taking this agenda item to the Board for Harbor Pointe is because we have no other alternative. He stated that Harbor Pointe is not an idea site because it is a little too small, but we can make it work and we need to get the fúnding locked in from FIND. Mr. Wazny stated that w~ have not discontinued in our efforts to get and use Mr. Bell's property. He stated that as we have discussed in prior meetings with BCI there is an environmentally friendly means to do this. Mr. Wazny stated that he did not think that there is anything new that staff could bring to the Harbor Committee or the Board of County Commissioners, because it has all been discussed. Ms. Hearn asked what the completion time would be for the project. Mr. Wazny stated that he did not recall fro J1 BCl'presentations, but that Turkey Creek took about ~ght months and that project was a littfe bigger than this one. Ms. Hearn stated that on the third page it says that we are not going to begin"until April 2004. She stated that in other words we just discount any development possibility for Harbor Pointe for at least three years. Discussion ensued. '-' Jerry Kuklinski, seconded by Jeanne Hearn, made the mQtion to recommend that the Board of County Commissioners vote notto use Harbor Pointe as a spoil site for dredged material. The vote was 4 to 2 in favor of the recommendation. Gail Kavanagh and David Souza voted against the recommendation. Jeanne Hearn stated that she would like to make a motion that the committee should elaborate on the recommendation and have a time frame specified for removal of the spoil, so that it can be prevented from leaking back into the Lagoon. John Parry stated that a recommendation was just made not to use Harbor Pointe as a spoil site. Ms. Hearn stated that this would be an alternative plan it they choose to use the site anyway. Mr. Parry stated that she would be sending a mixed message. Ms. Hearn stated that she is sorry, but she voted against it and if the Commission is wimpy enough to go ahead with it she wanted to have these issues addressed. David Souza made the motion to recommend that the Board of County Commissioners give a time frame or set time for the removal of the spoil off of the Harbor Pointe site after dredging is complete. Mr. Grande stated before the Committee considers voting for this motion he would like to ask that members consider the only reason that staff is recommending use of Harbor Pointe is because they have not been able to find an alternative site. He stated that it is safe to assume if this Committee waffles on the recommendation to not use and say give us a time frame. Mr. Grande stated that the Committee should just vote for a motion that says the advise of this Committee is to not use the Harbor Pointe property as a spoil site. He stated the Committee should not even consider weakening this recommendation. Ms. Hearn stated she would withdraw her motion. Councilman Cooper stated that at the next Harbor meeting the Committee could ~ 5 '-' -.....' ~ ¡ address issues after considering the action that the Board of County Commissioners has decided to take. Pieter Stryker asked about the insurance that was required for the boat. Attorney Young stated that they have what is called ..tones Act Insurance for the people that work there and then they carry $1 million liability. Ms. Hearn asked where the payment is made. Attorney Young stated through the Finance office. Ms. Hearn asked about the black boat that was docked there. Mr. Wazny stated that it was the Christopher Columbus Replica Boat, the Nina. He stated that this boat was on tour before and they had called in and asked for pee mission to dock at the port for a Friday and a Saturday and it will be back to be put on display and people will be able to board the boat. Mr. Wazny stated that typically since it is a public dock, the Administration has allowed those boats to park for limited periods of time. He stated that they were given permission to dock there for two days, Friday and Saturday. Ms. Hearn asked if this cuts down on Indian River Term.inal's opportunity to provision it. Mr. , Wazny stated that the County only does this when the rèquest comes in from the Fort Pierce Marina and when they cannot find an accommodation for the boats. He stated that they do not contact the County directly; the marina contacts us, which was the case with the Nina. Gail Kavanagh stated that her husband George Kavanagh was appointed to the FIND to represent St. ,Lucie County for the next four years. She asked since she is the wife of a FIND -Gommissioner now, would this be a conflict of interest with her serving on this p~rticular board: Attorney Young stated that she does not see that it would be a problem. Ms. Kavanagh stated that their meetings meet at the same time every month, which is why she was late for today's meeting and missed last month. Ms. Hearn stated that this could be a real positive force because FIND has a lot of funding a¥ailable that could go toward the Harbor develoþment. 5. NEW BUSINESS New Issues were brought up under old business and discussed. 6. ADJOURNMENT " Having no other business to discuss, it was moved by Gail Kavanagh, seconded by Jeanne Hearn, to adjourn. The motion carried unanimously by voice vote. The meeting adjourned at 4:41 p.m. Missy Stiadle Recording Secretary c: Fort Pierce Harbor Advisory Committee Members: Delores Hogan Johnson, Chairman Gail Kavanagh, Vice Chairman Howard Conklin Councilman Chris Cooper Jeanne Hearn Commissioner Christine Coke David Souza Pieter Stryker Jerry Kuklinski Mary Chapman Board of County Commissioners Dan Mcintyre. County Attorney Doug Anderson, County Administrator Ray Wazny, Asst. County Administrator Don West, Public Works Director 6 " ~ FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting June 27, 2003 Convened: 3:05p.m. Adjourned: 3:58Q:!!!.:.. This meeting of the Fort Pierce Harbor Advisory Committee was held Friday, June 27,2003, at 3:58 p.m. in Conference Room #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. Members Present: Howard Conklin Jerry Kuklinski Pieter Stryker Jeanne Hearn Gail Kavanagh, Vice Chairman Christine Coke Delores Hogan Johnson, Chairman Members Absent: Councilman Chris Cooper David Souza ~ Also Present: Diane Turner, Recording Secretary Ray Wazny, Assistant County Administrator Heather Young, Assistant County Attorney Jim Reeder, The Palm Beach Post Charles Grande, Presidents Council John Arena, Earth First Liz Flazig, The News Tribune AGENDA 1. ROLL CALL Roll call was taken. 2. PUBLIC COMMENT John Arena stated that he has been trying to reach DEA since they moved from the Airport to Port St. Lucie to get them to come to a meeting. He said the phone number he called gave a message that they are working on the number even though it was announced on TV several weeks ago, that they moved to Port St. Lucie. ~ 1 4 "-" 3. APPROVAL OF MINUTES OF THE MAY 23,2003 MEETING It was moved by Jerry Kuklinski, seconded by Jeanne Hearn to approve the minutes of the meeting held May 23, 2003; and the motion carried unanimously by voice vote. 4. OLD BUSINESS Jerry Kuklinski asked Ray Wazny if the FSTED Funding was approved. Mr. Wazny answered that the funding is not locked in at this time and Mr. Anderson has a meeting scheduled with FSTED on Monday, June 30, 2003. ~ Jerry Kuklinski asked about the motion made last meeting on the definition for "limited cargo". He asked if this was done. Discussion ensued about getting these recommendations to the commissioners. Mr. Wazny stated that the Commissioners get a copy of the meeting minutes, so they are aware of the Advisory Committee recommendations. Mrs. Hearn asked if the three recommendations from last meeting were forwarded to them in a memo. Mr. Wazny will write a memo and include last month's motions that were not addressed as well as anything from today. He also said that the minutes will be done in outline form so that they can be distributed in a more timely manner. The committee wants the motions put in a memo under separate cover. A recommendation was made by Pieter Stryker for County staff to forward all motions made by the Fort Pierce Harbor Advisory Committee to the Commissioners under separate cover within one week. Howard Conklin seconded the motion. The motion passed unanimously by voice vote. Howard Conklin asked for an update on Mr. Bell's offers. Mr. Wazny stated he has no information as the County is not part of the negotiations. Jeanne Hearn asked Mr. Wazny if he checked on the companies that he was negotiating with. Mr. Wazny said he only had a business card from one of them. Commissioner Coke said she had a call from someone in the County to meet with Mr. Bell and his people to expedite the sale. Commissioner Coke said further review of one company did not meet Mr. Bell's requirements. Mrs. Hearn said she has heard that Mr. Bell had a meeting at the hospital and that he would not deal with anyone who was affiliated with Lurrsen or World Port. Commissioner Coke said her understanding is that Mr. Bell wants a more diversified port and attract several companies to the area. Mrs. Hearn passed out letters in support of the motion to not use Harbour Pointe as a spoil site. (Copies of the letters are attached) Mr. Kuklinski showed the Committee an article on a new Water Park that just opened in Sebastian and thought this would be good use for Harbour Pointe. '-' 2 ; ... \...- Mr. Conklin distributed copies of a letter that he received from Mark Foley regarding Current Customs and Immigration Regulations for Vessels returning from a foreign port. A copies of Mr. Conklin's letter from Mark Foley is attached. The committee requests copies be passed to the commissioners. 5. NEW BUSINESS Mr. Conklin spoke about unnecessary bridge openings at the North Bridge because of antennas and outriggers. Delores Hogan Johnson asked Mr. Wazny if DOT met with the County about the North Bridge Closure. Mr. Wazny said that public meetings were held with DOT about the bridge and the County did participate in these public meetings. Mrs. Johnson asked to have staff ask the County Commission to contact DOT to enforce boats to lower antennas, etc. and have scheduled openings for the bridge. Mrs. Hearn requested the County to write an ordinance. Mr. Conklin suggested getting a copy of the existing ordinance from Boca Raton and review it and then make a motion at the next meeting. Heather Young said she will get copies of the ordinance for the next meeting. 6. ADJOURNMENT \,r Having no other business to discuss, it was moved by Gail Kavanagh, seconded by Commissioner Coke to adjourn. The motion carried unanimously by voice vote. The meeting adjourned at 3:58 p.m. Diane Turner Recording Secretary c: Fort Pierce Harbor Advisory Committee Members: Delores Hogan Johnson, Chairman Gail Kavanagh, Vice Chairman Howard Conklin Councilman Chris Cooper Jeanne Hearn Commissioner Christine Coke David Souza Pieter Stryker Jerry Kuklinski Mary Chapman Board of County Commissioners Dan Mcintyre, County Attorney Doug Anderson, County Administrator Ray Wazny, Asst. County Administrator Don West, Public Works Director "" 3 ~ ~ \.,- "i FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting July 25, 2003 Convened: 3:01 p.m. Adjourned: 3:49~ This meeting of the Fort Pierce Harbor Advisory Committee was held Friday, July 25, 2003, at 3:00 p.m. in Conference Room #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. Members Present: Howard Conklin Jerry Kuklinski Pieter Stryker Jeanne Hearn Councilman Chris Cooper Commissioner Christine Coke David Souza Delores Hogan Johnson, Chairman Members Absent: Gail Kavanagh, Vice Chairman Also Present: Don West, Public Works Director Heather Young, Assistant County Attorney Jim Reeder, The Palm Beach Post Mary Chapman John Arena, Earth First Liz Flazig, The News Tribune Diane Turner, Recording Secretary AGENDA 1. ROLL CALL Roll call was taken. 2. PUBLIC COMMENT There was no one present that wished to address the Committee. 1 ~ \r \.- " 3. APPROVAL OF MINUTES OF THE June 27, 2003 MEETING Mrs. Hearn requested that under Item Number 4, on page 2 regarding a meeting at the hospital, that the sentence be changed to include that the "County Attorney was also present at the meeting." It was moved by Jeanne Hearn, seconded by Councilman Cooper to approve the minutes of the meeting held June 27, 2003 as amended; and the motion carried unanimously by voice vote. 4. OLD BUSINESS Jeanne Hearn discussed the BOCC agenda item to revise the $6 million submission to FSTED for funding. Mrs. Hearn noted that originally the application listed "funding to acquire" and she spoke to Mr. Anderson and now he added "or develop. Mrs. Hearn also requested that the answer to the question on the application pertaining to how the project is needed to maintain existing service or capacity. The original answer was "to fully develop the Port", and she asked that it be changed to add "for the Mega Yacht industry as per the Port Master Plan. Mrs. Hearn said that at the BOCC meeting it was mentioned that these changes were made. Mrs. Hearn stated that everyone on the Committee should have a copy of the application. There was a copy of the application included in the additional material that was passed out to the Committee at this meeting. Mrs. Hearn has asked Heather Young, Assistant County Attorney, to look into whether the County Comp Plan is in compliance with the Port Master Plan. Mrs. Hearn said the Port Master Plan is complete and has been approved, however, it is her understanding that the County Comprehensive Plan is not in compliance. We are about 5 ~ years late in getting it approved in Tallahassee. Mrs. Hearn said her question is a legal question challenging the County Comprehensive Plan not being in compliance. Mrs. Hearn wants to know if challenged, whether we would have to go back to the 1989 Port Master Plan until we are in compliance. Heather stated that she doesn't believe this will be a problem but Dennis Murphy and Dan Mcintyre are both on vacation this week and are more actively involved in this. Heather will check on this when they return. Mrs. Hearn would like to see this come from DCA. Heather said staff would be the one to send a letter to DCA. Commissioner Coke stated that the County asked the City to incorporate the Port Master Plan into the City's Comprehensive Plan. They have finally written a letter in the past two weeks but it has not been acted on yet. Commissioner Coke will follow up on this. Heather will handle the other request for DCA. Mrs. Hearn asked about the ordinance they requested on "stacking heights" and the limited cargo definition. Heather Young said that Dennis Murphy is working on these to be included in the Comp Plan Development Code. Ms. Young said it would probably be on the BOCC agenda sometime in September. 2 \. \r \...- ~ 5. UPDATE ON TAYLOR CREEK SPOIL SITE SELECTION Don West, Public Works Director, updated the Committee on the additional sites being evaluated for a spoil site, and passed out a map for the Committee to see the sites that he was talking about. Mr. West stated that Site #1 and Site #2 (Harbour Pointe and Bell Property) are being evaluated as well as a recent request from the Committee to evaluate additional sites. Site #5 and Site #8 are being evaluated and were not originally included because they are only 10-12 acres in size and originally they were looking for a site about 20 acres in size.. Mr. West said they are now checking to see if they can make a smaller site work. Mr. West stated that DEP was asked to assist the County in evaluating Sites 5 & 8. Mr. West said that phasing of the project is being looked at as well. Mr. West said that by using a different method and phasing the project, a smaller site may be feasible. Environmental issues will need to be evaluated as well. Mr. West stated that after this process is complete they plan to come back and have a discussion or workshop, once they have all the needed information. Mrs. Hearn stated that she has a copy of DEP's preliminary summary of the site visit. She stated that the Waterfront Council is in the process of evaluating this. She said there were some misconceptions that need to be cleared up. Mrs. Hearn discussed the information from the summary with the Committee. 6. REVIEW OF BOCA ORDINANCE REGARDING BRIDGE OPENINGS Heather Young, Assistant County Attorney, stated that she checked with Boca Raton, and Delray Beach, and neither currently have ordinances. Ms. Young stated that she also checked with Palm Beach County and Broward County and they don't have ordinances either. Ms. Young stated that there are Coastguard regulations regarding lowering equipment, etc. prior to requesting a bridge opening, but nothing was found in any local jurisdiction regarding bridge openings. Ms. Young stated that Ray Wazny sent a letter to FDOT regarding timed openings. Mr. Conklin stated that it seemed like the enforcement down south was a lot more aggressive. Mrs. Hearn suggested writing a letter to the local Coastguard asking them to enforce this. Ms. Young said that she would follow up with the Coastguard, FDOT and the Sheriffs Patrol. 7. NEW BUSINESS Mrs. Hearn spoke about a meeting that took place on July 22nd between Mr. Bell and the three prospective buyers of the port property. She informed the Committee that no representative of the County attended and would like to find out what came out of that meeting. The Committee felt that the County should have attended or sent a representative. Commissioner Coke stated that she tried to call Mr. Brumberg to get a recap of the meeting but could not reach him, so she sent him an email. The Committee would like to invite him to the next meeting. Commissioner Coke will check on this. Mrs. Hearn stated that she would like to see things like the FSTED application brought before this Committee before going to the Board of County Commissioners. Mrs. Hearn stated that special meetings can be called to address these things. Delores Hogan Johnson 3 ~ \y '-" \. said that if enough members can get together to discuss these things they should meet. Commissioner Coke asked if there was a charter and purpose to define their responsibilities and obligations as far as their interaction with the County, or a mission statement. Ms. Young stated that there is no mission statement, but at one point there was a resolution that created a general outline. Ms. Young said that she would track it down. Mrs. Hearn asked everyone to update their spoil site map and date the map. Some of the site numbers were not visible on the copies that Mr. West provided. Mr. West said he would get color maps for the next meeting. 6. ADJOURNMENT Having no other business to discuss, it was moved by David Souza, seconded by Howard Conklin to adjourn. The motion carried unanimously by voice vote. The meeting adjourned at 3:49 p.m. Diane Turner Recording Secretary c: Fort Pierce Harbor Advisory Committee Members: Delores Hogan Johnson, Chairman Gail Kavanagh, Vice Chairman Howard Conklin Councilman Chris Cooper Jeanne Hearn Commissioner Christine Coke David Souza Pieter Stryker Jerry Kuklinski Mary Chapman Board of County Commissioners Dan Mcintyre, County Attorney Doug Anderson, County Administrator Ray Wazny, Asst. County Administrator Don West, Public Works Director 4 . ~ I Jr ~)1þ¡!) FORT PIERCE HARB'ORADVISORY COMMITTEE Minut~s of Meeting August27,20Q3 Convened: 3:04p.m. Adjourned: 4:35p.m. This meeting of the Fort Pierc~ Harbor Advisory Committeé was held Wednesday, August 27,2003, at 3:00 p.m. in Conferenc_e ,Room #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce" Florida. / Members Present: Ii" ," ,~ Members Absent:"' ~. Also Present: ¡ ~ , Howard Conklin Jerry Kuklinski Pieter Stryker Jeanne Hearn Councilman Chris Cooper . Gail Kavanagh, Vice Chairman ~ Delores Hogan Johnson, Chairman David Souza Commissioner Christine Coke (- Don West, PUblìc'Works Director Heather Young, Assistant County Attorney Jim Reeder, The Palm Beach Post Mary Chapman, Former FPHAC Member John Arena, Earth First Liz Flaisig, The News Tribune Charles Grande, President's Council Emily Grande, South Hutchinson Island Grace Stock, Audubon Bill Hearn, SLWC Melisa Diolosa, Dredging & Marine Consultants Shailesh K. Patel, Dredging & Marine Consultants Bob Bangert, Conservation Alliance Commissioner Cliff Barnes, District 5 Lloyd Bell, Destin Beach, Inc. George Kavanagh, FIND Mark Crosley, FIND Ken Waters, Candidate County Commission Leah Oberlin, FDEP Ray Wazny, Assistant County Administrator Diane Turner, Recording Secretary " 1 / ~ AGENDA 1. ROLL CALL Roll call was taken. 2. PUBLIC COMMENT John Arena address;ed the committee on his research of the Pneuma Dredging System. The Committee members received a handout with their agenda packets that Mr. Arena proyided prior to the meeting. " 3. ' APPROVAL OF MINUTES OF THE JULY 25,2003 MEETING It was moved by Jeanne Hearn, seconded by Councilman Cooper to approve the minutes of the meeting-held July 25, 2003; and the motion carried unanimously by voice vote. 4. OkD.-BÙSINESS ~ ~ COllncilman Cooper requested verification from the Committee as to which week of the month the meetings are held. He stated that there was confusion between the last Friday or the fourth Friday. The Committee agreed that the meetings were on the fourth Friday of each month. J__..J: /' , Mrs. Hearn asked about the ordinance they requested on "stacking heights". Heather Young said that it should go to the local planning board in October and the Board of County Commissioners in November. Ms. Young said she would bring this to the Comr:nittee for their review 'in September. Ms. Young also distributed a letter from Lewis, Longman & Walker (copy attached) regarding the status of the Comp Plan Review by DCA. Ms. Young said that in DCA's opinion, our most current Master Plan is the valid one. Ms. Young also,- distributed a copy of the resolution (copy attached) which was passed to form the Harbor Advisory Committee, which Mr. Conklin asked for at the last meeting. Mrs. Hearn asked if the County has received a response to the letter that Mr. Anderson sent to Dennis Beach regarding incorporating the Port Master Plan into their Comprehensive Plan. Ms. Young stated that she would check on this. Mrs. Hearn noted that Mr. Bell was at the meeting, and said that at the last meeting Commissioner Coke said she would invite Mr. Bell and Mr. Bromberg to the next meeting. Mrs. Hearn asked if that is why Mr. Bell was here. Mr. Bell stated that he was asked to attend the meeting that morning and that is why he is here. Jerry Kuklinski asked about the limited cargo definition. Heather Young said that it hasn't been resolved yet but that it is part of the ordinance that Dennis Murphy is working on for October. Heather said she would bring an update to the next meeting. ....... Mrs. Hearn asked about the issue of unnecessary bridge openings. Ms. Young stated that she drafted a letter for Doug Anderson to send to the new Coast Guard and the Sheriff's Department asking them to do whatever they could to assist the bridge tenders. 2 ¡ ~ 5. UPDATE ON TAYLOR CREEK PERMITTING Don West, Public Works Director, began the presentation. Mr. West told the Committee that the purpose of this presentation was to bring everyone up to date on where we are in the permitting process for the Taylor Creek Dredging Project. Mr. West stated that we are curreotly in the process of trying to obtain a permit for Taylòr Creek. Mr. West stated that the County applied tO,the Florida Inland Navigation District (FIND) for grant funding for the project. The grant funds were received contingf;}nt upon obtaining a permit by a deadline date~ of September 17, 2003. Mr. West said that the permit would be for Phase 1 of the project. ' Mr. West introduced the groups represented at the meeting. Shailesh K Patel and Melisa Diolosa - Dredging & Marine Consultants Mr. Ltoyd Bell, Port Property Owner George Kavanagh, FIND Commissioner 1/ ,'Mark Crosley, FIND ~ Leah Oberlin, Florida Department of Environmental Protection (FDEP) - working with the Còunty to permit the project ~. .ç Mr. West stated that due to the September 1 ih deadline there wouldn't be time for additional meetings, so he wanted to cover everything at this meeting., Mr. West turned the meeting over to SK Patel: .',J ¡. , '-" Mr. Patel gave a history of the project, going back six or seven years ago. In 1998, Mr. Patel said that they got an exemption to dredge the navigation channel. Mr. Patel said that the community felt that in the best interest of the environment it was best to proceed' with an environmental resource permit, even though we have an exemption to dredge this. Mr. Patel said that they went ahead with the navigation channel and had public meetings and then a " í survey was done to look into dredging Taylor Creek. Mr. Patel showed the committee a detailed map of the area that was looked at. Mr. Patel said that the navigation channel was dredged in the 1960's by the Army Corp and at that time it was redesigned to straighten out the creek and areas near the port were added on. In 1998 a study was done of the sediments and again in 2000. At that time it was decided to do the navigation channel plus the areas on either side including Reach 2 to protect the sediment from flowing out into the Indian River Lagoon. The FDEP Submerged Lands group was monitoring the sea grass areas in 1999 and after the storm the 300 foot band of sea grass was reduced to 24 feet, concluding the source of the sediments on top of the sea grass was likely Taylor Creek. A permit submitted in May of 2003 was for the entire project. In order to address all the concerns for the entire project, there was not sufficient time to get the permit for the entire project by the September 1 ih deadline, so the decision was made to phase the project, and do the only Navigation Channel. Mr. Patel said that from the beginning of the project it has been clear that any site used would be a temporary site .(Mr. Patel distributed the map of the thirteen sites that were looked at for disposal sites.) The County has looked at many sites that could be used. Mr. Patel said that the port property is the most desired site and that the west side of the port property was already used as an upland disposal site. There was dredge and much material there in the past. Mr. Patel said that originally Harbor Pointe was 3 ¡ \.r listed as a site, and sites #5 & #8 were looked at but not suitable by Fish & Wildlife due to the type of habitat there. Mr. Patel said that the agencies ranked the Port Property most suitable and most preferred because ithas previòusly contained dredge material. Mr. Patel said that Mr. Bell agreed to allow his proþerty to be used, and, Mr. Bell confirmed this to the Committee members that asked him again at this meeting. Mr. Patel said that they met with Leah of DEP to see what could be done to get the permit by Septe..mber 1ih. Mr. Patel said that they'took additional samples to be tested and the data should be available by Friday. , Mr. ~Kavanagh, FIND Commissioner clarified that the money is in the budget but the c.orístruction needs to start bèfore the dollars are rèlease~, and these dollars are to be given 1n 3 phases over 3 years, however if the permit is not received by September 1 ih, that eliminates all the dollars budgeted for the entire three years, and the application process would need to start over. Mr. Stryker askéd about the future phases and where would that dredge material be placed. MrJP§ltel said that right now the focus has been on getting the permit for Phase 1. ~' Mr. Conklin asked that Mr. Patel come back and brief the Committee on the additional phases as they come up. Mr. Patel said once they cross this permit for phase 1 hurdle, they will be continuing with the 'permitting process for the remainder of the project, and come back with additional presentations. Mr. Patel explained the r~gulations in the State of Florida for the time durin'g the month that dredg{n~ can occur. In this part of Florida that window for dredging is between April and October 1 S . Mr. Patel said that phase 1 (navigation channel) can be completed in this 7 month window. He said that this will also give the public an opportunity to see how this is done on a smaller scale to be more comfortable ~ith the process when we get to the remaining portions of the project. Mr. Stryker asked if when you get to the point of dredging Reach 2, will Reach 1 need to be redone after Reach 2? Mr. Patel said it maybe a possibility, but they have thought of this and have to come back and re "- finish, but doesn't anticipate a lot of material coming back into this area. Mr. Grande spoke about reversing the phases, since funds might not be available to complete the job. Mr. Kavanagh said that FIND has committed $800,000 and re-designated the project as a multi- year project. Mr. Patel said that there is more information that can be provided to DEP on the navigation channel because a lot of it is already available. Commissioner Barnes asked if everything north and south of the navigation channel are included in phase 1. Mr. Patel said not in phase 1, that will be in the next phase. Mr. Stryker asked if the businesses benefiting from dredging the navigation channel will be charged for a portion of the cost. Mr. West said no, and explained the problems with that and assessments and the time the process would take, and the difficulty in determining who some of it. Mrs. Hearn asked if there is a guarantee that phase 2 would be done. Mr. West stated that he feels we have the guarantee of the County Commission. Mr. Kavanagh again said that all of the $800,000 is contingent on getting the permit by September 1 ih. ..... Mr. Bangert asked Mr. Bell if the people that made him offers on his property have any objection on having dredge material on the property. Mr. Bell said he doesn't see why any of them would have any objection, as it just improves the general condition for everyone. So, 4 / ~ they are all in approval. \.,... Mr. Arena discussed the Pneuma met~od once more with Mr. Patel. Mr. Patel spoke about issues he has come across relating to time frames and availability, in researching this technology. Commissioner Barnes said that the technology keeps changing and we have a newer technology from what we looked at before, and we need to just get the project done. Delores Hogan Johnson asked about the Reach 2 and why is it not being done now. Mr. Patel said there is a submerged lands issue. LeqhOberlin from FDEP explained that you would need to get a public easement because, you are dredging for navigation on state oWr)ed submerged lands. In Taylor Creek anything below mean high water in the unaltered partion of the creek is sovereign submerged land$ which means you need to get the public I easement on that area. In an attempt to minimize thé project to make it almost a test project, a smaller scale project in a less questionable area, in the channel, the benefit is that the majority of that is artificial because it looks like it is the altered portion. There is a possibility that they may not need to get an easement in that section. Ms. Oberlin said it is not a guarantee, but it is a possibility. The concern is that the channel does still cover some sov:er.eign lands on either side of it and it has not been settled yet how to deal with that. Mr. Conklin ·spoke about the urgency in preserving the funding and approving Phase 1. Ms.Oberlin.stated that DEP has to have all of their issues satisfied. That includes drawings showing the specific a.rea, the environmental issue and whether or not there is contamination in the sediment, and how that will be handlep once the material is removed. Ms. Oberlin stated that this project i~...very controversial in nature and because of that she cannot automatically issue a permit, unless some of that controversy has been dealt with to the satisfaction of the public and the people involved. Ms. Oberlin said that in light of the controversy she has to issue what is called an "Intent to Issue". Ms. Oberlin has to have everything before she can do this, and determine that the project is viable. When an "Intent to Issue" is issued, it has to be published to allow the public 21 days to respond. That opportunity has passed since there is not enough time for the process, so what has to " ¡ happen now is DEP needs to be convinced that it is a good project and that the controversial nature of the project has been addressed and the community is comfortable with the project so that DEP can issue a permit without issuing an "Intent to Issue" in addition to that. Mr. Patel verified with Mr. Crosley that an "Intent to Issue" was not enough, and that an actual permit was needed by September 1 ih to secure the funding. Ms. Oberlin said she needs public feedback that in general it is a good project. Mrs. Hearn asked about the questions that DEP issued to the County in June. Ms. Oberlin said that the majority of the questions still stand. Ms. Oberlin said the major issues are that she needs the sediment data, an understanding of what is going to happen when the material is removed and how it will be removed, where it is going to be placed and good drawings of the project. The majority of the other questions are wrapped into those 3 main issues. Ms. Oberlin said that DEP looks at not only exposure to humans but to the creatures as well. ~ Mrs. Hearn asked about a contract to use the port property as a spoil site. Mr. West said a meeting is set up with Mr. Bell later in the week. Mr. West said that the details with the City and moving the material would be worked out. 5 / \... Mr. Hearn spoke about the sea grass beds' and that he thought that and the dredging that took place had a major effect on the sea grass. Mr. Hearn spoke about the draft of the vessels coming into Taylor Creek and that we should not allow ships to come in and do the same thing again. He asked if this can be regulated after we dredge. Mr. Hearn asked if the water has been tested before it comes over the spillway,compared to what is at the mouth of Taylor Creek when the tide is going out. Are we getting more contaminants in the water at the mouth of Taylor Creek than what is coming over the creek in the spillway. Mr. Patel said thatJ,e would look a~ the 2ÓOO report when the wÇ3.ter was looked at. '-' /; , ' Gail Kavanagh asked if Mr. West can supply the information needed by DEP in time. Mr. Pale I said the work was done last week, and the information will be sent even in draft form , by Monday latest, 95% of the information will be to DÈP. Polymer is used to thicken the sediment and this information will also be forwarded to DEP. This is the only portion that is missing and is being worked on. Ms. Oberlin said that if the information that she gets is appropriate -than DEP can help, if not they cannot issue a permit. Mr. Patel said if it is necessary to use a liner to help the public accept the project, they are willing to go the extra st~p)f it make~ the project go forward. ~ ' ' Howard Conklin' made a recommendation to accept the report and send the recommendation for approval of Phase I of the dredging project to the Board of County Commissioners. The motion was seconded by Gail Kavanagh; and the motion carried by a vote 5-2 (Jeanne Hearn, Delores Hogan Johnson - No) '( ; '-' . / ' 6. NEW BUSINESS There was no new business brought up. Due to time constraints, the video that.was to be shown of the Scenic Highway Designation of A 1 Allndian River Drive will be placed on the agenda for the September meeting. " 6. í ADJOURNMENT Having no other business to discuss, it was moved by Councilman Cooper, seconded by Jeanne Hearn to adjourn. The motion carried unanimously by voice vote. The meeting adjourned at 4:35 p.m. Diane Turner Recording Secretary c: Fort Pierce Harbor Advisory Committee Members: Delores Hogan Johnson, Chairman Gail Kavanagh, Vice Chairman Howard Conklin Councilman Chris Cooper Jeanne Hearn Commissioner Christine Coke David Souza Pieter Stryker Jerry Kuklinski Mary Chapman Board of County Commissioners Dan Mcintyre, County Attorney Doug Anderson, County Administrator Ray Wazny, Asst. County Administrator Don West, Public Works Director '-" 6 / r-~- ~ ¡[ô) Œ !iJ Œ n WI Œ r I LEWIS, LONGMAN &WALlŒ~)fP.;;-~-~ml~l: A T TOR N E Y SAT 'L A w i L.--,---.--. ...j ¡ "'QI'fln' t--··,··--o.".,. ¡ ;. . U \. I ! .\ ¡ " ¡ ¡. \. ii, !... .. L .:-- _-_..~~....~_.~__:..~~:...~'... '-' HELPING SHAPE FLORIDA'S FUTURE® ",,' ERIC AsH KRISTIN K. BENNETI w: O. BIRCHFIELD JODY LANE BROOKS WILLIAN G. CAPKO BETH ANN CARLSON HICHELLE DIFFENDERFER ROBERT P. DIFFENDERFER KENNETH w: DODGE ANY H. DUKES BRÐINA MALOUF DYRDEI\' LAUR,ÜACOBS FEÁGlI'i ROSL\1\'N lvI. FERGUSON WAYNE E. FLOWE~ > JOHN w: FOREHAND WALTER E. FOREHAND HElISSA GRoss-ARNOLD KEVI1\ S. HE1\NESSY R. STE\'EN LEWIS TERRY E. LEWIS JANES w: LINN M'NE LONGHAN G. STEPHEN MANNING DAVID E. ~IBA KEr--'NETH G. SPIUIAS EDWIN A. ST,EINNEYER GLENN E. tHO~IAS STEPHEN A. WALKER. ...·ww.ll...·-Iaw.com JacksonviHe OJtke 9428 Ba)'meadows Road Suite 625 Jacksonville, Florida 32256 (904) 737-2020 Fax: (904) 737-3221 TaHahassee Office Post Office Box 10788 (32302) 125 South Gadsden' Street Suite 300 Tallahassee. Florida 32301 (850) 222·5702 ~ Fax: (850) 224-9242 Ul,sl Palm Beach OJtice 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 (561) 640.0820 ¡::,_. /:;';1\ ';Lf.CL¡;¡?n? Reply To: West Palm Beach Ãug~st 22, 2003 ,. ¡ I , Daniel S. McIntyre, Esquire St. Lucie County .2300 Virginia Avenue Administrative Annex - 3rd Floor Ft. Pierce, FL 34982 VIA TELEFACSIMILE ., ~ RE: .! Status of Port Master Plan and Subsequent Comprehensive Plan Amendments (' . Dear Dan: J._/ j , Per our. conversation, this confirms I have spoken with Ken Metcalf, the Department of Community Affairs official responsible for review and approval of St. Lucie County's comprehensive plan amendments. " On the subject of the Port Master Plan, Mr. Metcalf confirmed that the Department of Community Affairs determined the recently submitted Port Master Plan in compliance. My understanding of the law is that a finding of compliance is approval and authorizes application of tl- 'n_..,.,r_ .¡-.. n'-'l ~~ .:,- - ~.c:ç:··1·~1 Pl..,_ £01' --y fu....·-e d"-He"'pnlen" at ..1..~ . ie I-ul. IVlè:1~~1;;1 1: lal ~;:, LllC U111'v è:1 lUll 1 éulJ ~lW .., v IV 1 l L11';;' Port. Mr. Metcalf confirmed that that is also the Department's interpretation of Florida law as well. Hence, the current Port Master pian is the prevailing planning document for future development at the Port. As to the remaining comprehensive plan elements under review by the Department, Mr. Metcalf confirmed that he and Dennis Murphy were in general agreement as to how to proceed. Basically, the intention will be to promulgate a settlement agreement along with a schedule for completion of remaining amendments sometime during the next two ·to three months. I understand that Dennis is in agreement with this strategy as well. Hence, it appears that all pending matters relating to the ~ú "\ ~ ~ '-' ., ¡ Daniel S. McIntyre, Esquire St. Lucie County . August 22, 2003 Page 2 . -. comprehensive plan should be resolved to the satisfaction of the Department of Community Affairs in the near future. . If you have any questions concerning this inform~tion, please let me know. . I .1 Sincerell yours, It?!ð/J .fI'~ / 'r7\J - Terry E. Lewis TEL/sps /i' <' , - f:íClient Documents\St. 'Lucie County\741-001\CORR\McIntyre Ltr 27.doc ~ . j' -.:.~ ¡ ~ (" '- ~ ~. ~ I RESOLUTION NO. 99-102 A RESOLUTION CREATING THE FORT PIERCE HARBOR Þ.DVISORY COMMITTEE; AND PROVIDING FOR ^ DUTIES AND FUNCTIONS OF THE COMMITTEE WH'EREAS, the Board of County Commissioners of St. Lucie County, Florida, has made . I ' the following determinations: i¡ '\ , 1. The Seaport Advisory Committee was established by the Port and Airport Authority in 1981. 2. ¡()n,April13, 1999, the Board of County Commissioness changed the name of the Seaport .{ /' . " - Advisory Committee to the Fort Pierce Harbor Advisory Committee in order to broaden the scope . of the committee. " 3. On April 13', 1999, this Board -arsS' discussed and approved the objectives of the Fort Pierce Harbor Advisory Committee. 4. This Board should create the Fort Pierce Harbor Advisory Committee for the purpose of " advisìng the Board of County Commissioners on matters relating to Harbor related projects and to review and provide recommendations to the Board on Harbor projects and operations. 5. This Board should further define the duties and functions of the Committee. NO\V, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby create the Fort Pierce Harbor Advisory Committee. Such Committee shall have the following duties and functions: a. To review and make recommendations to the Board of County Commissioners on Harbor related projects. ¡ \..r b. To identify and make recommendations on Federal and State Harbor project grants. ". c. To continually review_Harbor operations, policies and safety. d. To review environmental issues affectiJ?g the Indian River Lagoon and make recommendations to protect the bio-diversity of the Indian River Lagoon. 2. ~The actions, ~ecisions and recommendatiçms of the Fort Pierce Harbor Advisory // Committee shall not be fiñal or binding on the Board of County Commissioners, but shall be advisory / " , only. ' 3. The.Fort~PierceHarbor Advisory Committee shall consist of nine (9) members who shall be appoi~t~d, as follows: .t ",#' , ~ a. ~ ~ b. Each Board member shall appoint one (1) member to serve on the Committee, and the C~airman shall be selected from these appointments and shall run concurrent with the term of the appointing Commissioner. (" Three (3) members -s1:i£1Í be selected for appointment to the Committee by each of the following municipalities for two (2) year terms: 1. One (1) designee from the City of Port St. Lucie. 2. One (1) designee from the City of Fort Pierce. 3. One (1) designee from St. Lucie Village. " í c. The remaining one (1) member shall be appointed At Large by the Board of County Commissioners. d. All members shall serve without compensation. 4. Vacancies for all appointments shall be filled upon: a. Death of a member. b. Resignation. c. Removal by appointing authority. d. Three (3) unexcused absences in a six (6) month period. ~ Vacancies shall be filled by the Commissioner who nominated the member who created the vacancy subject to the appointment approval of the Board of County Commissioners for the unexpired term only. I \..r 5. The COInmi~ee Chairman shall establish a time and place for holding meetings as shall be necessary and the Committee shall adopt such 'rules of organization and procedure as may be required. 6. The Committee may establish sub-committees for specific subjects or tasks fì:om among its member~. The Committee shall hold its first m.eetiggas soon as possible from the date this 1/ resolution~s adopted. , "7. The County Administration staff.shall provide support for the Committee and shall keep a record of its proc~edings. 8. }±:,any actioI\ sentence, or clause (;)fthis resolution is helg to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the " remaining portions of this resolution. ., ~ ,- After motion a~d second the vote ori:lhï~ resolution was as follows: Chairman Paula A. Lewis AYE Vice Chairman John D. Bruhn AYE "- ¡ Commissioner Cliff B ames AYE Commissioner Frannie Hutchinson AYE Commission Doug Coward AYE PASSED AND DULY ADOPTED this 27th day of April, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CL ~ ." '-I n:! !':¡J1I\\\~ . .. Do ~..::.:.~ f ~ ' "" ".Þ~. tU'1t···.. ~ i,~':;'/ t'~;j~ \'; .. '".'.. ~-:;"'.' - - . c.-::.! ~.J ,:4' '('~ ~' -.. ~ (. ~ ~J ~i ~j ,.'::\ ,..:~ . ~ ':f{;:. ",. ~=.,' ~¢. . .. .,', .. ---..\ '.. ~, /" ..: .~::~ ;. -':. !~~:~.. ~..~~ - ,:. ,- ~1' , '~i fï':r ;,;' ~~--,,,,,,··,~Y BY: yL~) U/f~ CRA. . .... ~ ~' ~ I," , .' í ~ / .'.--,!' , , -, 1/ , ~ (' '- ... . ;;. \.. FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting October 24, 2003 Convened: 3:05p.m. Adjourned: 3:51 p.m. This meeting of the Fort Pierce Harbor Advisory Committee was held Friday, October 24, 2003, at 3:00 p.m. in Conference Room #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. Members Present: Howard Conklin Mary Chapman Pieter Stryker Jeanne Hearn David Souza Councilman Chris Cooper Delores Hogan Johnson, Chairman Members Absent: Commissioner Christine Coke Gail Kavanagh Also Present: Heather Young, Assistant County Attorney Jim Reeder, The Palm Beach Post Ray Wazny, Assistant County Administrator Charles Grande, South Beach Homeowner's Association Ja'net Pentz, Executive Aide to Commissioner Bruhn Diane Turner, Recording Secretary '-" AGENDA 1. ROLL CALL Roll call was taken. 2. PUBLIC COMMENT There was no public comment. 3. APPROVAL OF MINUTES OF THE SEPTEMBER 26, 2003 MEETING It was moved by Councilman Cooper, seconded by Howard Conklin to approve the minutes of the meeting held September 26, 2003 and the motion carried unanimously by voice vote. 4. OLD BUSINESS There was no discussion of old business nor discussion about old minutes. Jeanne Hearn asked what Heather Young will be speaking about. Heather stated she will be speaking about the limited cargo definition. Mrs. Hearn asked if we are still on track the height limits. Heather stated as far as she knows. ~ 1 .i - \..- '-' ~ ~ 5. SELECT DATES FOR NOVEMBER AND DECEMBER MEETING It was motioned by Councilman Cooper that the meetings for November and December be held on November 2ft at 3:00p.m. and December Hili at 3:00p.m. The motion was seconded by Jeanne Hearn. The motion was carried unanimously by voice vote. 6. ITEMS FOR DISCUSSION I HEATHER YOUNG Heather Young distributed copies of Mr. Hearn's proposed definition of "limited cargo". The Committee requested that a discussion on the "limited cargo" definition be on the next agenda. 6. ADJOURNMENT Having no other business to discuss, it was moved by Councilman Cooper, seconded by Jeanne Hearn to adjourn. The motion carried unanimously byvoice vote. The meeting adjourned at 4:35 p.m. Diane Turner Recording Secretary c: Fort Pierce Harbor Advisory Committee Members: Delores Hogan Johnson, Chairman Gail Kavanagh, Vice Chairman Howard Conklin Councilman Chris Cooper Jeanne Hearn Commissioner Christine Coke David Souza Pieter Stryker Jerry Kuklinski Mary Chapman Board of County Commissioners Dan Mcintyre, County Attorney Doug Anderson, County Administrator Ray Wazny, Asst. County Administrator Don West, Public Works Director 2 \... FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting November 21 , 2003 Convened: 3:05 p.m Adjourned: 4:26 p.m. This meeting of the Fort Pierce Advisory Committee was held Friday, November 21, 2003. at 3:00 p.m. in Conference Room #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. MEMBERS PRESENT: Delores Hogan Johnson. Chairperson Gail Kavanagh, Vice Chairperson Councilman Christopher S. Cooper Howard Conklin Jeanne Hearn Mary Chapman Pieter Stryker Jerry Kuklinski, Alternate Member MEMBERS ABSENT: Commissioner Christine Coke David Souza ALSO PRESENT: Commissioner Doug Coward, District 2 Heather Young, Assistant County Attorney Catherine MacKenzie-Smith, Assistant County Attorney Eva Luna, Executive Aide to Commissioner Barnes Liz Martin, Executive Aide to Commissioner Hutchinson Missy Stiadle, Assistant to the County Administrator Jan Petri, Harbor Branch Oceanographic Mark Pollio, Fort Pierce Tribune John Parry, St. Lucie Waterfront Council \... AGENDA: 1. ROLL CALL Roll call was taken. 2. PUBLIC COMMENT Jan Petri, with Harbor Branch Oceanographic, addressed the committee on how dredging Taylor Creek affects Harbor Branch. He explained that within the last few years, Harbor Branch's ships have run aground at least six times causing approximately one million dollars in damages. If the ICW is not dredged sometime soon, the inescapable conclusion is that Harbor Branch Oceanographic is going to have to move their ships somewhere else. possibly creating ~ 1 \.... job loss or at the worst case scenario, not operating at all. Harbor Branch's position, which is crucial to their operation, is to have the dredging go ahead quickly in a safe and effective manner. Harbor Branch Oceanographic operates two research vessels that travel mostly along the eastern seaboard through the Gulf of Mexico. They also go out into the Bahamas and have been as far as the Mediterranean this year, and in previous years, South Africa. Their ships do oceanographic research for Harbor Branch. In addition, a university consortium of researchers from all over the world use Harbor Branch's ships and their submersibles. Harbor Branch has two submersibles in Florida, which are unique assets as there is only a handful in the country. These submersibles allow researchers to access environments that you cannot get to. These submersibles can go down 3,000 feet, which has enabled the researchers to collect rare specimens of sponges and other organisms that are yielding interesting and useful compounds used in the medical field such as anti-tumor activity. Very recently, the researchers found a sponge with remarkable anti-tumor capabilities that hadn't been seen for 20 years. Mr. Petri also explained that it makes more sense to dredge Taylor Creek first and then do the ICW because the material from Taylor Creek moves into the ICW. Dredging Taylor Creek first eliminates the need to dredge the ICW twice. From Harbor Branch's perspective, they would like to see it begin as soon as possible and get it finished. They have talked to our Congressman, our Senator and the Army Corp of Engineers and that's the response they get. ~ Delores Hogan Johnson discussed that her organization, the St. Lucie Waterfront Council, filed for an administrative hearing a month and a half ago. She said the Army Corp just dredged the turning basin about a couple of years ago, and her organization had some concerns about the way things were going, but they do support the whole program. Jeanne Hearn asked if Harbor Branch had looked through the legal aspect of FIND and the Corp? She felt that the main responsibility of FIND is to keep the ICW open. Mr. Petri said that they had talked to them about that and their response was that it was a funding thing and they wanted to know where the spoil would go. Howard Conklin asked how many other institutions have research vessels and dive capability in the country? Mr. Petri said there is one other in the continental United States and another submersible in Hawaii, and Florida has two. Commissioner Coward responded later in the hearing, asking the committee to make a specific proposal of what it is that the Harbor Advisory Committee wants that could help solve the problem so that this project could move forward. 3. MINUTES OF OCTOBER 24, 2003 TO BE DISTRIBUTED AT THE DECEMBER 19, 2003 MEETING 4. OLD BUSINESS ~ 2 \.,. ~ \..- Pieter Stryker said he tried to find out the application of the penalties down in South Palm Beach and Broward County of the bridge violations and could not find out anything, but he has a few more calls to make to garner information. 5. NEW BUSINESS Howard Conklin mentioned that he has a good friend who is a Ph.D and worked for the University of Florida in the agricultural department who is an expert in all types of weed formation. Mr. Conklin is going to take him out on his boat for a tour of the entire port, because there are Brazilian Peppers still growing wild throughout that area. He mentioned that there are environmentally safe herbicides that can be applied to these plant stubs once they've been cut. This herbicide goes right into the root and doesn't harm the environment and eradicates them permanently. Just cutting the Brazilian Peppers does not get rid of them and they just keep coming back. These weeds are toxic to wildlife and serve no purpose. The committee needs to learn how to eradicate them so that some valid recommendations can be made to the commission on how to safely and permanently get rid of them. Mr. Conklin will try to get a report from his friend if he can't get him to appear in person. Jeanne Hearn mentioned that the funding had been taken from the State, and that with the delegation coming on December 3rd, she wanted to know if this committee wanted to recommend that they go back to the delegation and request funding again as the Haskell Plan had said would bring economic impact to St. Lucie County. She feels the legislative delegation should answer to this request of funds and moved to discuss this item with the committee. Commissioner Coward discussed the FSTED funding which has been largely exhausted. It was utilized primarily for security purposes at the other port areas, post 9-11. The county will have to go back through legislative action to have new monies presented. The County Administrator is actively working to identify the needs of our port master plan and the funding for acquisitions as well as related improvements that are needed. Commissioner Coward also explained that shoreline improvements will be made when a development is selected, approved, a site plan comes in and more details about how the north shoreline should be utilized. Pieter Stryker added that it makes a difference residentially whether you're overlooking containers or whether you're overlooking yachts. Commissioner Coward said at this stage, since negotiations for land have not yet occurred, he couldn't speculate on that aspect. He believes that the county should move forward with the Taylor Creek project keeping in mind the port master plan. Howard Conklin talked about the petition that had been filed by the St. Lucie Waterfront Council and said the committee should be looking for solutions as opposed to simply not doing anything. He feels the committee should make a recommendation that the county meet with this group and go over each of the disputed issues and make a recommendation. Jeanne Hearn read a letter sent to DEP regarding the same issues that indicated they would be willing to meet with the entities involved. Commissioner Coward needs the issues to be more specific in nature and solutions agreed upon. 3 ~ John Parry brought up the issue of a possible cargo port and what the definition of "limited cargo" means. He feels that this definition needs to be clearly defined. He also is concerned about the spoil site and the danger to the environment. Mr. Conklin said that the Harbor Advisory Committee has always been against a cargo port. Black and Veech presented an alternative technology to Commissioner Coward who then presented it to the Commission and it was also presented to the public. This new technology was incorporated so there would be no need for a permanent site and that a dewatering concept could possibly be utilized. The issue that hasn't been resolved is finding a temporary spoil site for the muck. Mr. Parry indicated that the Waterfront Council would accept using the Black and Veech dewatering dredging method. Mr. Bell's property, which is a much smaller area adjacent to Taylor Creek and west of Harbor Point, was suggested as a spoil site. Commissioner Coward also discussed the port master plan, which shifted from an industrial cargo port to a mega-yacht facility with an identified "limited cargo" language on the south end, as a possibility. However, "limited cargo" is too broad and needs to be defined. When it was written, it clearly meant that it was going to allow for the fruits and vegetables concept, but not for containerized cargo. If it's not clear, it needs to be clarified. Delores Hogan Johnson stated that legal would present something regarding the "limited cargo" description. To clarify the record, Jeanne Hearn stated that the Waterfront Council has not brought forth a new method. She also stated that the permit was not complete, and DEP admitted that. Commissioner Coward indicated that the County Commission was not required to get a permit for this project, but did go through the permitting process and further scrutinized some of the issues about contaminants in the soil, methodology and location of the site in trying to move forward. The overall project has been ongoing for about seven years and is doing an environmental clean-up project that also provides benefits for navigation, which in turn will benefit the mega-yacht industry at the port. ~ Howard Conklin made a motion that this committee recommends to staff to convene a meeting with the parties and be prepared to go into every issue raised in the petition for a formal administration hearing before the DEP in Tallahassee and try to resolve it on a local level between the parties; the county staff, the consultant and the three parties that filed the petition. Gail Kavanagh seconded the motion, and the motion carried unanimously by voice vote. John Parry requested that Commissioner Coward also be present. Dolores Hogan Johnson will send all the parties another packet if necessary. A discussion ensued regarding Mr. Bell and the fact that his land is sitting idle. Heather Young stated she would notify everyone if there were any changes. Pieter Stryker indicated that he heard the burden of condemnation is lighter on the Community Redevelopment Agency than it is on the County. Heather Young said that she had not heard that and that she will look into the possibility. Pieter Stryker motioned to form a group to talk with Senator Pruitt. Councilman Cooper seconded the motion and then withdrew his second. Pieter Stryker decided to think about it and will bring it up at the December meeting. Delores Hogan Johnson indicated that Commissioner Barnes has chosen to replace her with Bill Theiss who will be the new representative. He is the Mayor of St. Lucie Village. Mr. Theiss '-' 4 ~ ~ \.- will be chairing the December meeting, but a new Chairperson and Vice Chairperson will have to be elected. Jeanne Hearn then asked for a report for her group, the Waterfront Council, on what security is being done on the 67 acres at the port. Gail Kavanagh said that funding has dried up as far as security is concerned. It was also asked where Christine was, the representative from the City. Heather Young said she would check on that. 6. ADJOURNMENT Having no other business to discuss, it was moved by Jeanne Hearn to adjourn, and seconded by Pieter Stryker. The motion carried unanimously by voice vote. The meeting adjourned at 4:26 p.m. Danae R. Boncal Recording Secretary cc: FORT PIERCE HARBOR ADVISORY COMMITTEE MEMBERS: Delores Hogan Johnson Christopher S. Cooper Christine Coke Howard Conklin Gail Kavanagh Jeanne Hearn Mary Chapman Pieter Stryker David Souza Jerry Kuklinski ALSO: Board of County Commissioners Doug Anderson, County Administrator Ray Wazny, Assistant County Administrator Dan McIntyre, County Attorney Don West, Public Works Director 5 "-' FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting December 19, 2003 Convened: 3:05 p.m. Adiourned: 3:50 p.m. This meeting of the Fort Pierce Advisory Committee was held Friday, December 19, 2003, at 3:00 p.m. in Conference Room #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. MEMBERS PRESENT: Gail Kavanagh, Vice Chairperson Councilman Christopher S. Cooper Howard Conklin Jeanne Hearn Mary Chapman Pieter Stryker Bill Thiess Jerry Kuklinski, Alternate Member MEMBERS ABSENT: Commissioner Christine Coke David Souza ALSO PRESENT: Ray Wazny, Assistant County Administrator Don West, SLC Public Works Department Heather Young, Assistant County Attorney Delores Hogan Johnson, Waterfront Council Charles Grande, South Beach Homeowner's Association Emily Grande, South Beach Homeowner's Association John Arena, Earth First Bob Bangert Liz Plaisig, Fort Pierce Tribune '-' AGENDA: 1. ROLL CALL Roll call was taken. 2. PUBLIC COMMENT ~ Delores Hogan Johnson of the St. Lucie Waterfront Council addressed the committee regarding a letter containing some background information she sent to Commissioner Coward regarding the petition filed for a formal administrative hearing on Taylor Creek dredging. Mr. Conklin mentioned that a motion was made at the last hearing for the committee staff to convene a meeting with the parties involved with regard to the petition for a formal administration hearing before the DEP. Attorney Heather Young then gave an update on the status of the amended petition and said that she had received an order from the DEP dismissing the petition with prejudice. The Waterfront Council has 30 days to file an appeal with the First District Court of Appeals in Tallahassee. Jeanne Hearn asked if the petition would be appealed, especially in light of the fact that the Waterfront Council is not getting meetings with the County. Howard Conklin asked if there was discussion about having a meeting and Heather Young responded that Assistant County Administrator, Ray Wazny, sent a memo to the Board of County Commissioners advising them of what had been done and is waiting for direction from the Board on how to proceed. Delores Hogan Johnson could not answer definitively as to whether the petition would be appealed or not. She said she would have to consult with her legal advisors before responding. Mr. Conklin felt that it still would be beneficial for the parties involved to meet. Jeanne Hearn said that since the time of the letter 1 ~ of December 8th, other issues have come to light regarding removing the spoil from Mr. Bell's site first before proceeding. She said it would be costly to remove that amount of spoil. Howard Conklin felt that the staff and the consultant should meet before an appeal is filed because an appeal is very costly to the County. Mr. Conklin made a motion to renew the urging to have staff and the consultant meet with the parties in the litigation and Jeanne Hearn seconded the motion. It was voted on and it was passed unanimously by voice vote. John Arena, Earth First, discussed that the Oculina coral off of Fort Pierce is essential fish habitat. NOAA recently hired an officer to patrol the Oculina coral and a new boat is being built at this time. He also stated that recently a 50-foot commercial boat out of Fort Pierce was arrested by the Coast Guard and brought into Cape Canaveral and the fish were confiscated. The result of the court case was not available at this time. Vice Chairperson, Gail Kavanagh welcomed new member, Mr. Bill Thiess, the mayor of St. Lucie Village, and all participants introduced themselves. Don West suggested that he and Mr. Thiess get together regarding the dredging of Taylor Creek so that Mr. Thiess can become more familiar with the situation. 3. APPROVAL OF MINUTES OF OCTOBER 24,2003 ~ A correction was made to the minutes of October 24, 2003 in Item No.7, page 2, New Business. It stated, "A motion was carried by voice vote and opposed by Howard Conklin." That statement or the word "opposed" should be deleted because Mr. Conklin was in favor of the recommendation. Jeanne Hearn suggested the word "opposed" be changed to "proposed" since Mr. Conklin was the person who proposed the recommendation. Mr. Conklin agreed that the wording should be changed to "proposed". Mr. Conklin moved to approve the minutes with the correction and Jeanne Hearn seconded the motion. The motion was approved unanimously by voice vote. APPROVAL OF MINUTES OF NOVEMBER 21, 2003 Mr. Conklin moved to approve the minutes of November 21, 2003 and Mary Chapman seconded the motion. The motion was approved unanimously by voice vote. 4. OLD BUSINESS Jeanne Hearn felt that the letter from Benji Brumberg regarding the port developments is still the same story as three months ago. Mary Chapman wanted to know about Don Root of the EDC and how he fit into the whole process. Gail Kavanagh explained that he's the head of the Economic Development Council for the County. Jeanne Hearn expressed that it's sad that the County is losing $240,000 per day of economic impact if the County hasn't proceeded any further on the mega yacht industry or isn't trying to acquire the property that this committee recommended. Mr. Conklin indicated that he was very disappointed with the letter since previously it was touted that there would be a selection of a qualified buyer for the majority of acreage at the Port. Jeanne Hearn mentioned that there was an article in the Palm Beach Post where our resident, Wayne Huzienga, is buying arenas and developing areas for mega yachts and that his projects are going to other areas. She felt that we're losing opportunity for our area. Gail Kavanagh asked if it would be a benefit if Don Root addressed the committee at the next meeting. Mr. Conklin said he needed to speak to Benji Brumberg first before he comes to the meeting. Jeanne Hearn mentioned that at a previous meeting Commissioner Christine Coke was going to bring Benji to a meeting. Mr. Conklin asked if anyone contacted Wayne Huzienga to see if he would be interested or involved? Mr. Wazny indicated that he did place a call asking Mr. Brumberg to attend a future meeting, but did not receive a call back. Mr. Wamy said he would follow up with that before the next meeting. ~ 2 '-" ~ 5. '-' Jeanne Hearn brought up port security funding on the November 21, 2003 meeting minutes on page 4. She indicated that there have been a tremendous amount of Federal funds left over since that meeting, and maybe the County should be telling the port owner about those funds in order to get the fencing done. Mr. Wazny indicated that issue was looked into a year or so ago and it was determined that those funds couldn't be used on private land. The funds could only be used for public land. Mr. West reaffirmed that it has to be publicly owned property. Mr. Conklin suggested that we get a local congressman, Bill Nelson or Mark Foley, to find out if there are any funds available. With regard to a specific proposal from Harbor Branch on the dredging of Taylor Creek, Mr. Conklin said that all options have been exhausted in getting the ICW dredged and was told that Taylor Creek must come first. Jeanne Hearn asked if it's FIND's responsibility to keep the ICW open under any condition? Gail Kavanagh suggested that David Roach be asked to come before the committee and address the situation. Gail Kavanagh volunteered to do some research on the bridge violation penalties in South Palm Beach and Broward Counties on a future trip she planned on the ICW. Gail Kavanagh said there are signs underneath the bridges listing the penalties, and she will try to come up with some answers regarding this matter at the next hearing. Jerry Kuklinski wanted to know what was happening on the "limited cargo" definition. Heather Young responded that she did get some minor revisions from Mr. Hearn and probably it will go to the Board in January or February. Jeanne Hearn brought up the issue of container heights and some rumors of some explosives coming to the port to work on the reef out at the Bahamas very soon. Heather Young will follow up on this also. Pieter Stryker asked if there are any ordinances that describe the difference between fuels, propellants and explosives? Heather Young said it would be in the definitional section, but she doesn't remember seeing anything on explosives. She will find out about it. Ms. Young felt that if they were storing the explosives at the Port, it would be a City issue under their codes regulating whether those types of materials could be stored in that type of zoning area. Also, the Tobacco and Firearms agency would have their own regulations on the use of explosives. Mr. Stryker said Homeland Security might have something to say about this issue also. Heather Young said she would try and check the other agencies as well. NEW BUSINESS Howard Conklin nominated Gail Kavanagh for Chairperson and Pieter Stryker nominated Howard Conklin for Chairperson. Mr. Conklin withdrew his name stating that he's chairman of another committee in the County and that it would be awkward to chair both committees. Jeanne Hearn seconded the nomination of Gail Kavanagh for Chairperson. It was unanimously passed by voice vote. Gail Kavanagh accepted the nomination for the coming year. Howard Conklin nominated Pieter Stryker for Vice Chairperson. Mr. Stryker withdrew his name for Vice Chairperson. Jeanne Hearn nominated Howard Conklin for Vice Chairperson and Pieter Stryker seconded the nomination. It was unanimously passed by voice vote and Howard Conklin accepted the nomination for the coming year. Mr. Conklin reported that he and Dr. Banderveer (phonetic) were planning to take the boat tour to see the vegetation and the Brazilian Pepper problem, but the doctor ran into scheduling difficulties. He promised to come in January before the next meeting and have his report done by then. Howard Conklin said he uses a herbicide that's put on with a paintbrush on the roots after the plant is cut. The herbicide permeates down the roots without getting into the soil. The doctor will do a thorough survey of where the concentrations of this plant are located. In addition, he'll look at all the non indigenous weeds and plants that should be eradicated. Mr. 3 '-'" '-' '-' Thiess was also concerned about the Australian Pine problem. Mr. Stryker wanted to know if there was a plant that would keep the Australian Pine out of the natural vegetation. Mr. Conklin said that the herbicide would do the job. 6. ADJOURNMENT Having no other business to discuss, it was moved by Jeanne Hearn to adjourn, and seconded by Councilman Chris Cooper. The motion carried unanimously by voice vote. The meeting adjourned at 3:50 p.m. Danae R. Boncal Recording Secretary cc: FORT PIERCE HARBOR ADVISORY COMMITTEE MEMBERS: ALSO: Gail Kavanagh Howard Conklin Commissioner Christine Coke Councilman Chris Cooper Jeanne Hearn Mary Chapman Pieter Stryker David Souza Jerry Kuklinski Bill Thiess Board of County Commissioners Doug Anderson, County Administrator Ray Wazny, Asst. County Administrator Dan Mcintyre, County Attorney Don West, Public Works Director Heather Young, Asst. County Attorney 4 \.... HARBOR ADVISORY COMMITTEE March 28, 2003 3:00 P.M. NAME PLEASE PRINT ORGANIZATION 'ctA/f .I ~~:s- ÒFí Cé Mm6 L-ANI) ~cl..JtZI7,(- V£ ~-r(Î. U. . èJFJú s ¿¿- (» ,>.)/ØJ¡/tt¿ iJ?4 7Z- t?-P lL A v v ~5 0 zz.-y Gvt f£ ...... JI/J¡( /5t/J/2 U4~ /t l L·, lA (,- ~. .J ~ Cv..s,1()v.Ç. .¡- búll..æn.. ~07£C-ION. l). ~. <- D.... S ,. 6 '-" --q ". I:> ¡::;"r J ~ e ' '- -<- .s T ~ T r Q -J l{ 5 (4 S!Æ.jfD/J ¡L&, I~ rc. P lIse Cr y'\->,\a.\~ f: S~(:::'r;\f Do;-1'Ac. w-ç~' \....Je" ST f'f-rL /Y'- ß0AC \-\ /-t «....1/.., C/- ......1 Q\,( ~o UYi 1 (yo, \ <> S I U)1 f. , J1 . L\A. C ,:. Qo "'" ð- C).f..( ( ~ ~ðl<e..- ~ ~ '-" ~'r ... ", .: '.,' ":. ,'_'. _ ;;':Jt~~/'l·:·"":'""/':~Y"'~-;':_'\':',·. :':~:,::, r'," , ::;,-' ,':,.." .,:,': ",' :.._:,,___', !;':;~lÎ;!~k~Ílg'/~¥è~~¥~hjng ,JJ~é.' Yem.p~tr~ilers/' Rob~rtss,al~. , ~¥:w~ttQ'lqlº\V;~h~hlIl ". p..Ç'gnt~lJj.~J1·i':¡")"'''¡ .'.' . 1 ~~,.?,.äåhamJanIIwUbo~ts stoV ·a(lnoiìcé(J.'JÞ.~:lt\i,~tl).e .p()Fî·Il1Qpe,fre9;u,en tly liEt ..øn~;insPectioJ1S byUS;..!nowto p~ckuI>'~uPvhesand ;,.' ",' .... ;simmigrationanq;".~go,so~veçtio~s had been ",~;:i~~~~e agents.andCoas*;"gr~dua.IlYipcreasmg anyway, Gûardofficials",. ......." ''i''ifRq' :)~~ts sa~d. ..... ...... :,iC' ·u"s· toms now boards every' IndlaIl.RIVe~TerIl}malsbas '.' '. ," :.. . ',' ·'d '.. . ythinadìfferenHo' vesseHnncewe'W,eJltJlµd~J'.,~9t. ~n~aJ1.,. +>"? ...:....'. orange alert, andthéy'réspot- ItsexlStmgsecurltymeasures Maritime patrols incre~sed . at the Port of Fort Pierce \. By Liz. Ralslg staff writer FORT PIERCE - Féderal, state . and local. maritime patrols. at the . port have inc;reased sin.~e.the , national security level was ralséd : to high> alert,! officials said Th,ursday, . " . ,'. .' FoIlowin.ga mandatéi,Monday from. the ILS·.Department of' Homeland Sécurity,'locallaw enforcementhaS increaséd patrols in sensitivéare.as such asthe.port. : The éffort is' dictated by federål man.dates like Operation Liberty Shield, vvh,ich is äimed afpro- " tecting AmeriCa from terrorists duringthé war against Iraq. AlthQugh Fort Pierce is one of Flo:t'ida's 14 deep-water ports, state See PORT, A2 i,.: \..,. t·, . ~~;~~~;; t~~,~·· ·D~þ:att .' '. ,; "t' " ',' ,,..,¡, E.lîíòiðe ~...., 't>ò.fficia:ls,c~uld nbtbe J d.,for c;oJ¡nment TlÍursJay on'.whetli~rMdi. tional: sequrH,Y'wUY':' be requir~d' P(Jþ'~,iprJV~te. port. In the past, ... !!!~ialshave ~aid th . on t~der~l' ri- r'-~-'-' I I " -. _...~- ,': ; ~y: ~ .. .... .:.. .....ii..... ....·:";.'i·'"":"....ii,(,*I.~\ ,', )fl" '. ause~xw·.,'·~ler~~ I(·some~íï~':·ûq.e$!ii;:r .:' ~. ", ~ ,.,. adi;¡i1I9,W' ·'b~i9n.g1f(¡J:etheyw~!tgetÏi:\.:( 'õ, /.' .', '. .,E:!rY'peI'S8n.>i,~t.I;.Q.cte '.' CPu,1\ty"Çni~f' "fln~~ ". .aeijtwgt1le.Ìi~rtv ;;1:),~p'utý qEµ'ci;\Y~~n'~¡dçt:~:i~ ~oþ~~~.said.. ....... '" ..... .~" .~~~JJcy is;~ow~t£~~;~çtJv. "We ·'çtor¡;t . have aJ;meq.)~tles a!th~J?Ptt by~t~;PR~9P guards~ we've never\l~~~ed.',l?~tf;9Isþ¥.bþat apd.h~l!cql?ter, ~:~h~~~;ti~e~W*~~:~i.;.;;~tili~~~¿~:t:~~å:f:~: inunediateac€éss tothepoUce; bycæ:Pàtr,ol~ß:re. al$Q being dePartment support," Roberts. . coordinated with federál agen- $aid. "We'redping th~ Same, ( cj~s;§1.1.~tiastþ,e U.S. Gpø-st thing but we're on heightened" fGQ.ardand Fi~h andWiltl!üe - .~ ""'0 ----~_....._- .."" ,;Gp:ttUriiSsiön. and willcöhtinue 'Únt~l federal Qfficialschan.ge ' their directives~. Wilson said. FortPiercePoUce . spOkes- woiIUulAudria Moore said she 'could notsay where patrols ,have incte.ased or measures '·the .city is taking, but referred ·to the Coast Guard's effort 'of heightenéd patrols to protect ports. ;.:,/::-,.-";, .'liz:flaisig@scripps.corri ~"". ~. . , , I ,T' ',':i '. ~. ~~ '-' HARBOR ADVISORY COMMITTEE Fridav" March 28" 2002 3:00 P.M. ROLL CALL PIETER STRYKER / / / 'X / X / V /' HOWARD CONKLIN GAIL KAVANAGH COMM. CHRISTINE COKE COUNCILMAN CHRIS COOPER "-" DA VID SOUZA JEANNE HEARN MARY CHAPMAN- ;:]efn\ Kclh~b DELORES HOGAN JOHNSON 5 Needed for Quorum '--' Fort Pierce Harbor Advisory Committee Meeting ~ March 28,2003 at 3:00 p.m. Conference Room #3 Called on March 25,2003 to get a Quorum Howard Conklin 462-5210 ~ jJUJ ~ ~eL);> " {Ii /"! r \ r'! 1'1 ,.\,¡ ¡,;-,¡"".".\e.-, \lli....i.L£ - - , ì I,) Gail Kavanagh 464-8222 Fax: 461-4054 Delores Hogan Johnson 461-4851 595-3273 School \.,. Commissioner Christine Coke :~¡:;~~~ yeS ~ \ f¡'f';'}(jG' Councilman Christopher Cooper District3@citvofus1.com ) 871-5159 (0) Margaret 528-2981 Cell ~ David Souza 461-0928 Cell Phone 'fM- /CD . Jeanne Hearn 461-7526 or 461-7527 2jSJJ\ Jerry Kuklinski 465-0463 Pieter G. Stryker 561-346-3446 Cell 772-467-1515 Home 888-607-5990 Work ~6 '-'