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HomeMy WebLinkAboutAgenda & Minutes 02-14-2008 Douglas Anderson, County Administrator FORT PIERCE HARBOR ADVISORY COMMlnEE MEETING '.".ua." 14, 200S At s.OO P.M. In Co"ler."~. Room 6 on the 6rt/ F/oor 01 III. At/ml"/dr.,lo,, BIII/t/I"g ,~/II ~}\I' I. Roll Call :z. Approval of the min..te. from the 'an..ar, loth meeting J. Old ....ine.. 4. New ....ine... . G..e.t Jpealle" Clt, Marina Docll Master T.p ~1 I. be d /~lIllet1l I. Co..nt, Docll on the inlet, adjacent to the Marine Center/M...e..m :z. View. on the ...e. Ie modification. needed J. Update on the Clt, Docll expan.ion / .poll "land. EPA permit. . D..c.... re.ched..llng or moving the ,..I, loth meeting d..e to .OCC ...dget Review. s. P....llc Comment 6. AdJo..rnment c~:~~~~~ CO. ADMIN. OFFICE .. FORT PIERCE HARBOR ADVISORY COMMlnEE Meeting Held On February 14, 2008 Convened at 3:04 p.m. Adjourned at 4:23 p.m. This meeting of the Fort Pierce Harbor Advisory Committee (FPHAC) was held Thursday, February 14, 2008 at 3:04 p.m. in Conference Room #3 on the 3rc1 floor of the Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida. ROLL CALL Roll call was ta~en. Member. Pre.enll. Howard Con~lin, Chairman Mary Chapman, Vice Chairman Bill Thiess, Commissioner Craft's Appointee Ceroid Ku~lins~i, Commissioner Crande's Appointee John Holt, Commissioner Smith's Appointee Also Pre.enll. Heather Young, SLC Assistant County Attorney Debra Brisson, SLC Par~s & Recreation Director Bill Hoeffner, SLC Crants Director Dean Kubit5che~, Fort Pierce City Marina Manager Craig Kilgore, Fort Pierce City Marina Operations Manager Christa Razem, City of Fort Pierce Crant Writer Dominic~ Darcangelo, Boca Ven Land, Inc Leo Henriquez, Boca Ven Land, Inc Jayne Bergstom, Tetra Tech Richard Czlapins~i, Tetra Tech APPROVAL OF THE MINUTES. The minutes from the January 10, 2008 meeting were unanimously approved. OLD BUSINEn. Chairman Howard Con~lin brought in a newspaper article from February 13, 2008 titled "Property owner questions port plans". The article stated, "West Palm Beach attorney Domenic~ R. Lioce submitted a proposal to the Fort Pierce Redevelopment Agency, offering to front the agency $156 million to acquire 175 acres at the Port of Fort Pierce for resort hotels and other commercial and retail operations." Mr. Con~lin supplied the committee with bac~ground information on attorney Domenic~ R. Lioce. Mr. Con~lin stated, "Mr. Bell might be in trouble, meaning the issue of the condemnation of his property. In other words, this redevelopment agency has certain statutory powers that the County and the City don't have. They can go in and condemn the property for redevelopment and force Bell to sell it." .. Fort Pierce Harbor Advisory Committee February 14, 2008 Page 2 Heather Young gave the committee an update on Chuc~'s Seafood stating Chuc~'s continues to wor~ with the City on getting the needed approvals. Culpepper and Terpening have as~ed for a list of the City's concerns. The hang-up still relates to the issue of par~ing. Chuc~'s is proposing to lease a small portion of the fire district's property for par~ing. NEW BUSINEn. Tetra Tech gave a presentation on the Fort Pierce City Marina Reconstruction and Storm Protection Project. The project components consist of: · The outer basin marina, which was destroyed during the hurricanes. · A storm protection system to provide a ring of brea~water protection around the outside area. · Restore about 700' of City Par~ bul~head and main bul~head. · Replace the observation dec~s, which were destroyed. · Perform maintenance dredging within the inner basin. The outside marina was not immediately rebuilt after the hurricanes because the City and FEMA needed added assurances that the marina and the waterfront would be protected. There have been fifty-one (51) storms within the City of Fort Pierce during the past 136 years. Fort Pierce gets brushed or hit every 2.67 years. The average years between hurricane hits to Fort Pierce are once every 5.91 years. Statistically this area should be affected again before the end of the 2008 hurricane season. An example of storm protection is from Chapter 18-21.004 (2)(f), F.A.C.: "To the maximum extent possible, shoreline stabilization should be accomplished by the establishment of appropriate native wetland vegetation, riprap materials, pervious interloc~ing bric~ systems, filter mats, and other similar stabilization methods should be utilized in lieu of vertical seawalls wherever feasible." There have been several project studies performed: . 2005-2006: 1. Benthic Habitat Surveys in 2005,2006 2. Water Quality Study 3. Hydrodynamic Modeling 4. Physical Modeling 5. Sovereignty Submerged Lands Evaluations 6. Florida Master File Survey . 2007 Additional Requested Studies: 1. 25 acres more of benthic surveys (97 acres total were surveyed) 2. More sediment and water chemistry testing It was very important to the City of Fort Pierce that the project contributes to the waterfront. The latest configuration consists of a major island to the southeast. There is roc~ Fort Pierce Harbor Advisory Committee February 14, 2008 Page 3 that provides protection along the southeast to the north. There are a series of islands that are basically roc~ structures. The tops of the islands will be flat and sandy and will be a nesting habitat for birds. The habitat islands will consist of 4,506 square feet of oyster beds, 15,895 square feet of mangroves and 54,003 square feet of lime roc~, which are all part of stabilization. The wave brea~s will be made out of riprap material. The "Mosaic Habitat Creation" consists of: · The total island project is 12.38 acres · The total habitat creation is 12.15 acres · Oyster habitat totals 1.66 acres · Riprap substrate totals 3.42 acres · Mangrove communities totals 3.39 acres · Coastal dune habitat totals 4.01 acres · Seagrass recruitment totals 8.54 acres The City of Fort Pierce has already applied for the Florida Department of Environmental Protection permit as well as the U.S. Army Corps of Engineers permit. The City is currently in the middle of the permitting process. The applications were submitted in August 2007. The City of Fort Pierce has designed an innovative project that protects the marina, a public resource, and at the same time creates natural habitats to enhance the integrity of the Indian River Lagoon. Mary Chapman as~ed if they were going to do a whole EIS for the entire Indian River Lagoon. Jayne Bergstom from Tetra Tech replied, "What we are doing as part of the NEPA process on the FEMA side is they are doing a mini environmental impact statement." Bill Thiess as~ed what the water depths would be where the islands are going to be created. Ms. Bergstom said they would be from 4' to 7'. Howard ConRlin as~ed if there had been any thought of putting in any mooring fields in the area between the doeRS and the islands. Dean Kubitsche~ said it had not been discussed. Currently they are worried about the environmental aspect of the project. Mr. Con~lin as~ed how many more doc~s would be added. Mr. Kubitsche~ said they reconfigured the northern facility that was lost to incorporate seven more slips. The slips will be running north and south and the slips will be a floating docR system. The new doc~ pilings have to be consistent with the current building code, which is much stronger than 20 years ago. The City of Fort Pierce is hoping to have the permit by the end of the year in order to begin construction. Mr. Kubitsche~ stated the first $6.5 million of building bac~ the doc~s themselves came from the insurance policy. After that, FEMA would ta~e over building the doc~s. The islands themselves have been allocated $9.6 million upon approval of their environmental assessments and permitting. Fort Pierce Harbor Advisory Committee February 14, 2008 Page 4 Ms. Chapman as~ed if the public would be permitted on the islands. Mr. KubitscheR stated, "FEMA as well as DEP and all the other governing agencies are wanting to ~eep the islands natural." Ms. Chapman stated, "I'd Ii~e to ma~e a motion that as indicated and as explained by all of you all from the City Marina that we recommend approval of this by the County Commission." The motion was unanimously approved. Mr. Con~lin stated, "Based on the presentation, this project will have no adverse impact on the Port." Mr. Con~lin OSRed Mr. KubitscheR to review the "T" doc~ and provide the committee with his views on how it could best be utilized and exploited by the County. Debbie Brisson replied, liThe doc~ was built with some dollars from grants and there are some restrictions that apply to it. There are also some public access issues and that's why there are limitations to how far with commercial operations we can go with leasing or renting. Dean came to me and there was some interest in the Summerlin docR that would allow for some smaller boats, espeCially during fishing tournaments, to come in and be able to utilize it. We have received a grant to do that and we are getting ready to have that designed. That would be ta~ing the interior section of the "T" doeR and lowering it so that we can have more public use for smaller boats to be able to doc~. We need to loo~ more into legal about deriving revenue from it. There is electric and water out there." Mr. Con~lin suggest at the next meeting having clarification of the grant restrictions and then maRe a more detailed recommendation to the Commission on what to do with the "T" doc~. There was a conflict with the July 10, 2008 meeting due to County Commission Budget Reviews. The committee unanimously decided to move the July 10, 2008 meeting to July 16, 2008 at 3:00 p.m. in Conference Room 3. ADJOURNMENT. At 4:23 p.m. the meeting was adjourned. The next meeting will be held Thursday, March 13, 2008 at 3:00 pm in Conference Room 3, on the third floor of the Administration Building. Respectfully submitted: Stephanie Bush ;¡¡ o c.:> ..;...~ ~ l C- o ~" t· ..~ ..,., ...., ...... ...."...-...... ~ . ...... CI:) LL. " .," .lit¿ghdl1j 'S,gj:S' ."....s gf§2l;i.:S.ëi .,,",,~ ~. _..... .:!Þ"";i~'9: ß:S~ l~. Øl"',a.~;.·§. ...~'al~'.~...~ ~ ~ ... S'l ,Ullo gj" .:l'\!l'¡ã 0""" t·."'.'..·...· ····..··@.œ. ". '..5,.~~~.-..~...j.. l~ ~.,].H..~..... .' ····,.!~lU : .': .'. 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Page 1 of2 . Skip to Navigation . Skill to Content Nason Yeager Gerson White and Lioce P.Á. · The Firm · Attorneys · Practice Areas · Recent Açhif:ye]Jll::nts · Research Links · Contact · Telephone: 561-686-3307 · Fax: 561-686-5442 · Email: info@nasonyeager.com Attorneys «J~ªçk to Attorneys Lioce, Domenick R. E-mail: dlioce@nasonyeager.com Areas of Practice: · Tax Research and Planning · General Business Law · Negotiating, preparing and revising business, utility and real estate contracts of all types http://www.nasonyeager.com/attorneys/lioce-domenick-r 2/14/2008 . Nason Yeager Gerson White & Lioce, P.A. Attorneys I Partners I Lioce I Domenick K. Page '2 ot '2 Professional and Community Involvement: · Rated "A V" by Martindale-Hubbell · State Bar of Florida, Member of the Board of Directors and the Executive Council of the Tax Section; Director of Sponsors · American Bar Association · Member, Palm Beach County Bar Association · Member, American Institute of CPA's · Palm Beach County Tax Institute, Member of the Board of Directors and Former President · Member, Florida Institute of CPA's · Member, East Coast Chapter (Palm Beach County) ofFICPA's · Member, American Association of Attorney-CP A's - Member of National Board of Directors; Executive Vice President of the Florida Chapter · Member of the Board of Directors and Founding Member of The Law Enforcement Assistance Fund and Licenses Education: · Florida State University, J.D., 1979; Masters of Accountancy, 1978; B.S. Degree in Accounting and Finance, 1973; Certified Public Accountant, 1976 · Licensed by The Florida Bar; Florida Bar Board-Certified Tax Lawyer · Certified Public Accountant Publications: · Choice of Entity, Florida Bar Tax Certification Exam Outline, updated February, 2007. · "Partnership of P.A. ' s", Palm Beach County Bar Bulletin, 1980 · "The New Incentive Stock Option Created Under The Economic Recovery Act of 1982", Palm Beach County Bar Bulletin, 1982 · "The 1986 Tax Reform Act", Palm Beach County Bar Bulletin, 1986 · "Contesting Commercial Property Assessments", Palm Beach Post and The South Florida Business Journal, 1991 and again in 1992 · Co-Author - "The Florida Revised Uniform Partnership Act", Florida Bar Tax Section Bulletin, Fall 1995 · Co-Author - "Partnership Law Update", Journal of Partnership Taxation, Winter 1995 · Author - "Disregarded Entities" for the Florida Bar Tax Section (2001) · Author - "Time to Convert" for the Florida Bar Tax Section (2002) · Former Editor - "The Tax Corner" for the Palm Beach County Bar Association · Don't Be a "c" If You Can Help It" · "New Tax Rilles Remove Roadblock to Limiting Liability" · "Unreasonable Low Compensation: The Story of the Three Little Pigs" Copyright ©2005 Nason Yeager Gerson White & Lioce P.A. Privacy Policy I Terms_OnIse I Design by nGen Works The hiring of a lawyer is an important decision that should not be based solely upon advertisments. http://www.nasonyeager.com/attorneys/lioce-domenick - r 2/14/2008 Nason Yeager Gerson White & Lioce, P.A. Recent Achievements Page 1 of2 . Skip to Navigation . Skip~Contt<Dl Nason Yeager Gerson White and Lioce P.A. · The Firm · Attorneys · Practice Areas · Recent Achievements · Research Links · Contact · Telephone: 561-686-3307 · Fax: 561-686-5442 · Email: info@nasonyeager.com Recent Achievements 1. The firm's Real Estate, Corporate and Tax Departments recently represented Transeastem Properties, Inc. in the successful sale of its assets to a joint venture established by Technical Olympic USA, Inc., a publicly traded company for a purchase price of over $1 billion dollars, taking into account options granted to the buyer for the acquisition of properties in the future. The transaction involved properties located throughout the state of Florida, as Transeastern Homes had been a major regional home builder up until the date of its sale. 2. The firm procured a $5 million dollar securities arbitration award against M.H. Meyerson and Bear Stearns. The firm represented a group of Toronto investors who lost significant holdings when their instructions concerning a power of attorney were disregarded. 3. The firm recently completed a successful turnover of club facilities from the developer of the Ironhorse Community to its residents. This is one of several turnovers on which the firm has acted as counsel. 4. The firm recently represented a publicly-traded telephone company in successfully settling numerous investor-related complaints. 5. The firm's Litigation Department recently acted as state-wide counsel for a large nationwide lender to assist it in defending, and ultimately settling over 75 lawsuits pending in federal courts throughout the state. 6. The firm recently represented Carris Properties, LLC in the sale of 74 acres of industrial land in Port St. Lucie, Florida to Equus Farms, LLC, for $7,500,000. 7. The firm recently represented Jupiter 95 North, along with Schickedanz Properties, in the sale of residential land in Jupiter, Florida to Lennar Corporation for a total consideration of $17,000,000. 8. The firm's Tax Department recently handled a reverse tax free exchange for property valued at $8,000,000 for our client, the John Doran Group. 9. The firm is currently working on the sale of another Florida homebuilder for approximately http://www.nasonyeager.com/recent! 2/14/2008 · Nason Yeager Gerson White & Lioce, P.A. Recent Achievements Page 2 of2 $150,000,000, the fourth such transaction in the last fifteen months. 10. The firm's Tax Department is currently handling the conversion of a C corporation to "S" status. The transaction involves a company valued at approximately $60,000,000 today, and should save the client $30 - 40,000,000 in taxes over the next 1 0 years. 11. The firm is actively involved with representation of numerous financial institutions with respect to large real estate based loans. 12. The firm is actively involved with representation of its residential and commercial real estate developers buying and selling multi-million dollar real estate properties and projects. 13. The firm recently represented Rockingham Raceway Park, LLC in connection with its acquisition of the "North Carolina Speedway" located in Rockingham, North Carolina. Copyright ©2005 Nason Yeager Gerson White & Lioce P.A.I Privacy Policy I Terms Of Use I Design by nGen Warks The hiring of a lawyer is an important decision that should not be based solely upon advertisments. http://www.nasonyeager.com/recent! 2/14/2008