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HomeMy WebLinkAbout2005 RESOLUTION NO. 05-052 A RESOLUTION AMENDING RESOLUTION NO. 99-102 WHICH CREATED THE FORT PIERCE HARBOR ADVISORY COMMITTEE WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Seaport Advisory Committee was established by the Fort Pierce 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 27, 1999, this Board adopted Resolution No. 99-102 which created the Fort Pierce Harbor Advisory Committee for the purpose of advising 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. 4. This Board believes that the duties and membership of the Harbor Advisory Committee should be clarified and amended as set forth herein. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. Paragraph 1 of Resolution No. 99-102 is hereby amended to read as follows: 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 review and make recommendations to the Board of County Commissioners on implementing and updating the 2002 Master Plan for the Port of Fort Pierce, as may 1 Strud( through words are deleted. Underlined words are added. be amended from time to time. C. To identify and make recommendations on Federal and State Harbor project grants. D. To continually review Harbor operations, policies, and safety. E. To review el'l'f'iroI'lITlel'ltal issues Harbor related projects and operations that affect the Indian River Lagoon and make recommendations to protect the bio-diversity of the Indian River Lagoon. For the purposes of this resolution. the geographic boundaries of the Harbor shall be the "Port Planning Area" identified in Figure E of the 2002 Master Plan for the Port of Fort Pierce, a copy of which is attached hereto and incorporated herein as Exhibit" A." 2. Paragraph 3 of Resolution No. 99-102 is hereby amended to read as follows: 3. The Fort 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 Chairman of the Committee shall be selected from these appointments and shall run concurrent with the term of the appointing Commissioner. B. Three (3) members shall be selected to the Committee by each of municipalities for two (2) year terms: for appointment the following 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. One (1) member shall be appointed at large by the Board of County Commissioners for no more than two (2) consecutive four (4) year terms. 2 Strue:k through words are deleted. Underlined words are added. 3. Except as amended herein, the remaining provisions of Resolution No. 99-102 shall remain in full force and effect. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Chris Craft AYE AYE AYE AYE AYE PASSED AND DULY ADOPTED this 1st day of March, 2005. " BOARD OF COUNTY CO^,;'~ISS:CONERt'., ST. LUCIE COUNTY, FLORID,~ "y., o I ATTEST: ~Ic.¿ d - ~ -}?~ .f',r~;''''~_ . r¡ Tv ~ DEPU~';Cl~~p:_. C'o',' Ji:""'· 'r,';' "'«)\ .;'.~~ C';'; . '. 'I"~ ';"! ("., L;, ." ., ,. (..- f- . '1~ ~ \: <:..~:~:_;~~:</ j' ~'1::,~fi C· f ¿ G r1\~~ .",."".~~ BY: ;' / ./ APPROVED AS TO LEGAL FORM AND CORRECTNESS: 0Jc-..d:- ~~ Asr+. COUNTY ATTORNEY g: \atty\resoltn \2004 \05-052.wpd 3 Strucl( through words are deleted. Underlined words are added. / ,/ ITEM NC. DATE: AGENDA REQUEST REGULAR: PUBLIC HEARI~ CONSENT: TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBJECT: Staff requests that the Board review the resolution forming t Committee and provide direction if changes are required. dministrator SUBMITTED BY (DEPT): ADMINISTRATION BACKGROUND: See staff report FUNDS AVAILABLE: N/A. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board review Resolution No. 99-102 and provide direction if changes are required. COMMISSION ACTION: CONCURRENCE: DAPPROVED 0 DENIED otOTHER: Staff to re-agenda on February 7th. and ex-officio to be added. County Attorney to make requested changes to the resolution Douglas Anderson County Administrator Review and Approvals º County Attorney: o Management and Budget: o Purchasing: o Originating Dept: o Other: o Other: o Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the Sf. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. H:\RA Y\2005\AGENDA \1-25-05 FPHAC. DOC ITEM NO. DATE: 6 1/25/05 AGENDA REQUEST REGULAR: ( x ) PUBLIC HEARING: ( ) CONSENT: () SUBJECT: Staff requests that the Board review the resolution forming t Committee and provide direction if changes are required. dministrator TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ADMINISTRATION BACKGROUND: See staff report FUNDS AVAILABLE: N/A. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board review Resolution No. 99-102 and provide direction if changes are required. COMMISSION ACTION: CONCURRENCE: o APPROVED o OTHER: o DENIED Douglas Anderson County Administrator Review and Approvals o County Attorney: o Management and Budget: o Purchasing: o Originating Dept: o Other: o Other: o Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the Sf. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. H:\RAY\2005\AGENDA\1-25-05 FPHAC.DOC COUNTY ADMINISTRATION MEMORANDUM TO: Board of County Commissioners FROM: Ray Wazny, Assistant County Administrator DATE: January 20, 2005 RE: Fort Pierce Harbor Advisory Committee At the November 9th Board of County Commissioners meeting the Board directed staff to agenda in January 2005 the issue of the Harbor Advisory Committee functions. On January 13, 2005 the Harbor Advisory Committee met and determined that the original Board resolution (copy attached), passed in 1999, included the appropriate direction for the Committee. Additionally, the Harbor Advisory Committee requested that the Board of County Commissioners appoint a Commissioner to participate in their meetings as a committee member. The Harbor Advisory Committee also passed a motion to proceed with public use development of the Harbor Pointe property after a Charrette or feasibility study is conducted. RL W/jc H:\RA Y\2005\AGENDA\1-25-05 FPHAC.DOC 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 Commissioners 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 Apri113, 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 also 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 advising 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 affecting the Indian River Lagoon and make recommendations to protect the bio-diversity of the Indian River Lagoon. 2. The actions, decisions and recommendations 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 Fort 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 Chairman shall be selected from these appointments and shall run concurrent with the term of the appointing Commissioner. b. Three (3) members shall 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 Committee 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 meeting as soon as possible from the date this resolution is adopted. 7. The County Administration staff shall provide support for the Committee and shall keep a record of its proceedings. 8. If any action, sentence, or clause of this 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. After motion and second the vote on this resolution was as follows: Chainnan Paula A. Lewis XX Vice Chainnan John D. Bruhn XX Commissioner Cliff Barnes XX Commissioner Frannie Hutchinson XX Commission Doug Coward XX PASSED AND DULY ADOPTED this 27111 day of April, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK " " .-'1, . r ( APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY \ !)tt~''''.~!)' 't~'~""tt!),)~!) FORT PIERCE HARBOR ADVISORY COMMITTEE Minutes of Meeting January 13, 2005 Adioumed: 4:05 D.m. Convened: 3:05 D.m. This meeting of the Fort Pierce Harbor Advisory Committee (FPHAC) was held Thursday, January 13, 2005 at 3:05 p.m. in the Conference Room #3 of the Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida. 1. Roll Call Roll call was taken. Members Present: Mary Chapman, Chairman Howard Conklin, Vice Chairman Jeanne Hearn Pieter Stryker Jerry Kuklinski (alternate member) Commissioner Eddie Becht David Souza Councilman Christopher Cooper Bill Thiess Members Absent: Gail Kavanagh Also Present: Ray Wazny, Assistant County Administrator Heather Young, Assistant County Attorney Jim Reeder, Palm Beach Post Fort Pierce Harbor Advisory Committee January 13, 2005 Page 2 2. APPROVAL OF MINUTES OF THE NOVEMBER 19,2004 MEETING It was moved by Christopher Cooper and seconded by Howard Conklin to approve the minutes of the November 19, 2004 meeting. The motion carried unanimously by voice vote. 3. OLD BUSINESS Chairman Mary Chapman said that she would like to establish topics that the committee will be discussing during the year. She suggested that each member come up with 2 different subjects. Howard Conklin said that the Bell property and the Port would be an ongoing issue. He said that he would bring up an idea of what the county should do with their 20 acres regardless of the surrounding property. Pieter Stryker said in conjunction with Mr. Conklin's comments he thinks that the committee needs to be considering the communications aspect the committee has with the Cities and St. Lucie Village, meaning that one of the assumed values of the group is the ability to communicate between the local government entities. He said that the committee has turned into a forum, adding value to the committee. Mary Chapman asked how the committee could be used as a forum to better communication. Howard Conklin suggested that the minutes be distributed to the councils of the local governments. Pieter Stryker asked how and to whom the minutes would be distributed. Jeanne Hearn asked the local representatives if it would be effective to distribute the minutes. Bill Theiss said that because St. Lucie Village has two representatives sitting on the committee any issue of importance to the Village is already brought back to the other members. Councilman Cooper said the distributing the minutes wouldn't hurt, but he gives committee reports at the board meetings to fill in the other Council members. Jeanne Hearn said that they are already covered if the Harbor members are reporting back. Mary Chapman said that she would like to set the tone for future meetings so that there is no filibustering, which has never occurred in these meeting, but has within other organizations. She said that public comments should also have a time limit like the County Commission. Howard Conklin agreed and suggested that anyone wishing to submit something in writing be allowed to do so. Fort Pierce Harbor Advisory Committee January 13, 2005 Page 3 Mary Chapman agreed and said that there would be acceptions to the time rule when the committee felt it is necessary. The whole committee was in favor of the format of future meetings suggested by Ms. Chapman. Howard Conklin asked if Public Comment would be allowed at the end of the meeting as well as at the beginning. Ms. Chapman suggested that there be two public comments on the agenda. She said that the agenda would be set up in the following format: you'd have approval of the minutes first, public comments second, old and new business, and then public comment at the end. Mr. Conklin suggested that the final public comment be restricted to the items covered during the meeting. Jeanne Hearn asked if there would be opportunity to have public comment during each agenda item. Mary Chapman said no, because she has seen that destroy meetings. She said that she is looking for guidance. Mr. Conklin said that Mr. Chapman made good points, because during some of the meetings in the past two years members of the public have unintentionally disrupted the flow of the meetings. David Souza said that he would like the public to have comment before committee discussion. Mary Chapman agreed. She said that she would draft something for the next meeting. She said that she has seen too many meeting destroyed because two people are filibustering and nothing got done, everyone went away unfulfilled and angry. Jeanne Hearn said that she wants to make sure that latecomers sign in. She said that sometimes people don't come in to a meeting to avoid that. Jerry Kuklinski asked if it is appropriate for him to speak as a committee member during the meetings since he is an alternate. Heather Young said that it is up to the committee. Mary Chapman said that all viewpoints are welcome. Chris Cooper said that he spoke to Commissioner Smith who wanted to see the committee continue and he had no problem with coming to the meetings or to be the chair. Mr. Cooper said that he talked to Commissioner Hutchinson and she felt the same way about chairing, sitting in, or coming to the meetings. He said that Ms. Hutchinson's only concern was that sometimes she felt that the committee was operating outside of their jurisdiction on some issues, i.e.: beach renourishment. He said that some of us see that as relative to the port. Fort Pierce Harbor Advisory Committee January 13, 2005 Page 4 Mary Chapman said that she got the same sort of comment from Commissioner Coward, and that is why she wanted feedback from the committee regarding issues they will be discussing. Chris Cooper said that he doesn't think that there is any wish for the committee to go away. Howard Conklin mentioned the county docks on the south side of the inlet. He said that fully utilizing that dock should be part of the committee's concerns. He said that is valuable property not being used. He said that up and down the coast of Florida marinas have been badly damaged by the hurricanes, and the pilings of the city marina are completely removed. He said that this is a community that a lot of people have boats. He said that access to the beach and water is an issue of quality of life in the county. He read from the attached article: A $50 million bond has been approved by Palm Beach voters that would give the county the right to buyout existing private marinas and to expand public boat ramps facing a critical shortage of public dockage the county is acting to reverse a trend of marinas being converted to condominiums. The next step is to take the momentum from the bill to the state legislature, and the Marine Industries Assoc. of Palm Beach is drafting a waterfront bill giving tax incentives to the marina owners that don't sell out. A similar bond measure is planned for Broward and Dade Counties as well. Mr. Conklin said that the article is saying that if marinas are bought out by private developers they come in and make the slips part of their private development; it's no longer a public marina. It has a negative impact on the economy and removes public access to the waterways. He said that he has been a boater all of his life and you can only trailer an 8 foot wide boat so the trend now if for bigger and bigger boats. They require to be left in the water so we're looking at a community that has had a dramatic drop off of available slips due to the hurricanes. He said that in the port itself there are three private marinas, the Pelican Yacht Club, the Inlet Marina (damaged and unrepaired), Harbortown Marina, which is under contract for sale and could go condo, and the county parcel, which is totally unutilized. He said that in view of the article and what is happening he would suggest, and the fact that Mr. Bell has done nothing, he would recommend that the BOCC look at their property as research whether it is feasible to convert it to a county marina. He suggested that slips be put on the interior opposed to just having megayachts out on the unprotected areas. He said the reason for excavation is that hurricanes are devastating to open water marinas. Howard Conklin made a motion of recommendation to the BOCC that the county do a feasibility study on turning the county owned property into a county marina for small boats as well as megayachts. He said that there is now a shortage of dockage in St. Lucie County, and the county has a totally under-utilized parcel that has been awaiting Mr. Bell's leadership. Bill Theiss said that was a good idea because not only the inlet area marinas in jeopardy, but Riverside Marina is under heavy pressure to sell. He has been Fort Pierce Harbor Advisory Committee January 13, 2005 Page 5 contacted by engineers that estimate 600-700 units on that site, and eleven-story building. He said the parcels south of there are under heavy pressure to sell. He said that rather than making a single recommendation they might want to give them a list of possible uses. He said that a marina only serves a small part of the county; a mixed used facility would be better for the community, for example a park or fishing pier along with the marina. Howard Conklin said that the committee has to be careful how they couch a motion so that they don't go beyond their borders of the committee and the port. Pieter Stryker suggested that they suggest to the BOCC that they explore any opportunities that might be available from the Florida Division of Bond Financing because they buy tracks of real estate by bond issues so it wouldn't have to come out of county revenue. He said that the state must know what is going on here. Howard Conklin said that he thinks the county has waited too long for Mr. Bell to develop his property. Jerry Kuklinski said there are two issues with the county property; one is access. He said that a plan was submitted to the county to develop the property for recreational use plus commercial enterprises. He said he would like to urge the county to purchase Mr. Bell's property to be part of the development. He said that with other opportunities to get funding it would be a good idea. Mr. Becht said that he is against asking the City or County to condemn the Bell property. He said that he it taking the position that if Mr. Bell wants to sell his property he can tell the local governments a price he will accept instead of chasing him. Howard Conklin restated his motion that the 20 acres that the county owns be excavated and put small boats on the interior part of the land, someone suggested a fishing pier, and the outside can still be used for larger votes. His motion is by Charrette or feasibility study the county come up with a plan on fast tract development of the parcel independent of adjoining properties. Bill Theiss said that motion would be better received if it were multi-use and that it be decided in a public forum, like a Charrette, to find out what the public wants. Chris Cooper seconded the motion. He agreed that the public needs to decide what should be done with the property and that it needs to be multi-use. Jerry Kuklinski said that there was a Charrette ten years ago. He suggested that the documents from the prior Charrette be reviewed. Mary Chapman asked that county staff forward the information from the Charrette to the committee. Jeanne Hearn said that as a taxpayer, should they consider the neighbor. She said that it would not be a viable marina next to negative development on Mr. Bell's property. Fort Pierce Harbor Advisory Committee January 13, 2005 Page 6 Mr. Becht said that if the county property is developed in a non-industrial manner it precedes Mr. Bell's development and when he comes before a commission for approval it probably would limit his ability to have a heavily used facility. Mr. Conklin said that a marina would become impossible if Mr. Bell develops his property first. Mr. Conklin restated the motion that the proposal from the FPHAC is that either by County Charrette or Feasibility Study the immediate development of the county property at the port, and no longer wait Mr. Bell, to allow marina, fishing pier and other desirable uses for public access, and to explore the possibility of state funds for the project. And to take note of the article that explains what is happening south of St. Lucie County. Jeanne Hearn said that the only way that she would support the motion is if acreage is used for public use. Chris Cooper seconded the motion. The motion was approved unanimously by voice vote. Mr. Becht said that he has discussed the committee with the commissioners and Mr. Wazny, and the response was status quos. Ray distributed a hand out that showed the reaction from the BOCC to each motion passed by the committee within the past couple years. He said that this is important to see how the commission sees that committee and what duties are required. Jeanne Hearn said that she doesn't feel that any of the motions were out of bounds. She said that any motion that sparked thought or interest from the commission is important even if it wasn't passed. She asked if it is possible to find out what the committee is allowed to discuss. Mary Chapman said that every action that the board has made is within the boundaries of the resolution. She said that is why she wanted to get ideas of future topics to bring to the commissioners to see if the topics are okay. Pieter Stryker asked didn't we recommend that the commission attempt to take over Mr. Bell's property and that was begun, but later they backed off. Ms. Chapman said that she hasn't been around for long but she knows that far more items have been brought to the board. Joe Smith interrupted to say thank you to the FPHAC members for their hard work. Mr. Becht said that the time that he spends on the committee is well spent and just because the recommendations are not passed by the board doesn't mean that they don't stimulate thought or that the problem was addressed by other means. He said that he is not in favor of asking the county what they would like the committee to do; they have given the committee a resolution and if the Board decides to change it they may. He noted Paragraph 1C that mentions policy. Fort Pierce Harbor Advisory Committee January 13, 2005 Page 7 Mr. Stryker said that he doesn't mind being part of a "heads up committee" I and it concerns him that the committee was on the consent agenda and the committee was not informed. Mr. Becht said that he feels that the committee should continue to act within the confines of the charter until the board decides to change the charter. The committee agreed that the Resolution is adequate and that if the commission would like to change it they may. Ray said that the reason the board delayed discussion was that two commissioners were leaving. Jeanne said that she wants to know if a commissioner can sit on the board. Heather Young suggested that the report back to the board first ask if they want to appoint a commissioner as a liaison to the committee. Secondly, say that at this meeting the committee reviewed the resolution and are comfortable with that and would recommend no changes. Jeanne said that it be requested of the board to have the courtesy to notify the committee when they are one the agenda, and that the committee be supplied with the back up material. Chris Cooper made a motion that the committee continue to operate under Resolution 99-102. Mr. Becht seconded the motion and it carried unanimously by voice vote. Mr. Cooper made a motion that one of the Board of County Commissioner begin to attend or be a part of the meetings. Mr. Becht seconded the motion and it carried unanimously by voice vote. 7. ADJUORNMENT The meeting adjourned at 4:30 p.m. Respectfully Submitted, Jennifer Cruz, Recording Secretary 36 FEBRUARY 2005 / YACHTING n Ie lY s. iI- rs ill 19 IJ- Ik