HomeMy WebLinkAboutBOCC Minutes 02-12-2008
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: February 12, 2008 Convened: 9:00 a.m.
Adjourned: 4:50 p.m.
Commissioners Present: Chairman, Joseph Smith, Paula A. Lewis, Chris Craft, Doug
Coward, Charles Grande
Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County
Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County
Attorney, Lauri Case, Utilities Director, Jim David, Mosquito Control Director, Don
West, Public Works Director, Diana Lewis, Airport Director, Neil Appel, Purchasing
Director, Mark Satterlee, Growth Management Director, Ed Fry, Clerk of Circuit Court,
Beth Ryder, Community Services Director, Millie Delgado-Feliciano, Deputy Clerk
1.MINUTES
It was moved by Com. Lewis, seconded by Com. Craft, to approve the minutes of the
meeting held January 22, 2008, and; upon roll call, motion carried unanimously.
2.PROCLAMATIONS/PRESENTATIONS
A.A presentation was made by Melissa Meeker and Carol Wehle of the South
Florida Water Management District on the District Initiatives on the Treasure
Coast.
B.Resolution No. 08-062- Proclaiming the month of February, 2008 as “Step Up
Florida Month” in St. Lucie County, Florida-
It was moved by Com/ Grande, seconded by Com. Craft to approve Resolution No. 08-
062, and; upon roll call, motion carried unanimously.
C.Resolution No. 08-059- Proclaiming February 11, 2008 through February 17,
2008 as “2-1-1 Awareness Week” in St. Lucie County, Florida.
It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No.
08-059, and; upon roll call, motion carried unanimously.
D.Resolution No. 08-069- Proclaiming February 17, 2008 through February 23,
2008 as “Engineers Week” in St. Lucie County, Florida.
It was moved by Com. Lewis, seconded by Com. Grande to approve Resolution No. 08-
069, and; upon roll call, motion carried unanimously.
E.The County Administrator announced the Employee of the Quarter for
October, November and December 2007, Jerry Quinlan from Agriculture.
F.The Clerk of the Circuit Court, Mr. Ed Fry made a presentation on the
County’s Investments.
3.GENERAL PUBLIC COMMENTS
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Ms. Mary Smith, Paradise Park resident, addressed the Board regarding the paving of
Paradise Park and asked when it would be completed. She requested continued support
by the Board and the County for the project.
The County Administrator advised the Board they are in the process of making
improvements regarding the Stormwater and this must be done first. He will look into
the paving issue.
Mr. Richard Langley, Indian River Drive resident, addressed the drainage improvement
project on Midway Road. He expressed his concern with the pipe going into the
Savannas near his home. He was advised there would be a 2 feet draw down. He stated
his opposition to the draw down.
Mr. Duke Nelson, retired City of Ft. Pierce Commissioner, addressed the Board regarding
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two project. He addressed the North East corner of Avenue Q and 13 St. and stated the
area was severely overgrown and this gave a bad image to the area. He also addressed
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Avenue D and 32 Street and the two junk yards mirroring the image of the new
building.
The County Administrator advised the Board they would be putting together a report for
the Board.
Mr. Paul Schall, area resident, addressed the Board regarding the dam not being secure at
Lake Okeechobee per a report he had read. He asked if it would be repaired and felt
funds should be allocated.
4.CONSENT AGENDA
It was moved by Com. Coward, seconded by Com. Lewis, to approve the Consent
Agenda, and; upon roll call, motion carried unanimously.
1.WARRANT LIST
The Board approved Warrant List No. 17, 28,19
2.COUNTY ATTORNEY
A.Request Permission to advertise- The Board approved advertising the notice
of Public Hearing to petition abandoning a 12 ft. Utility Easement & 12ft.,
Drainage Easement – Jay Gardens. The Public Hearing would be held on
March 4, 2008 at 6:00 p.m. or as soon thereafter as it may be heard.
B.Permission to Advertise- Ordinance No. 08-011- Life Support Services – The
Board approved advertising Ordinance No. 08-011 for Public Hearing on
March 25, 2008 at 9:00 a.m. or as soon thereafter as it may be heard.
C.C. Palm Breezes, Phase 2- Release of Original Subdivision Improvement
Bonds and Acceptance of Replacement Bond- The Board approved accepting
the bond from National Union Fire Insurance Company of Pittsburgh, PA
Bond No. 87-90-90 for Palm Breezes Phase 2 and authorized the release of the
original bond from Federal Insurance Company (Bond No. 8206-75-16.
D.Approval of Agreement with William Miley- The Board approved the
agreement with William Miley to enable the “Volunteer in the Preserve” at
Bluefield commence.
E.Budget Amendment No. BA08-011 requesting the transfer of $100,000 from
Contingency (Acct. # 001-9910-599100-800 )to Professional Services (Acct. #
001-1410-531000-100)- The Board approved the transfer of the above
requested funds as requested.
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F.Permanent Utility Easement- Michael and Carol Tarble- Parcel ID # 1425-
701-0008-000/6 – The Board approved the accepting the Permanent Utility
Easement and authorized the Chairman to sign Resolution No. 08-070 and
directed staff to record the document in the Public Records of St. Lucie
County, Florida.
G.BOCC Record Destruction- The Board approved the destruction of records as
requested.
H.Lease Agreement with St. Lucie County Fire District- The Board approved
the Lease Agreement and authorized the Chairman to sign the Agreement.
3.PURCHASING
A.Invitation to Bid- The Board awarded the Invitation to Bid # 08-010 Annual
Street Re-surfacing contract to the lowest responsive, responsible bidder,
Ranger Construction Industries for the cost of $521,815.00 and authorized the
Chairman to sign the contract as prepared by the County Attorney.
B.Second Amendment to Contract C03-09-681 with Gerelcom, Inc., for
installation of premise distribution wiring system at an hourly rate- The
Board approved the Second Amendment to Contract C03-09-681 with
Gerelcom Inc., which increases the Not to Exceed amount to $200,000 and
authorized the Chairman to sign the amendments as prepared by the County
Attorney.
C.Board approval to award Invitation to Bid # 08-012 for the purchase of a
bucket truck from the lowest responsible responsive bidder, Nextran Truck
Center for the cost of $92,307. – The Board approved awarding Invitation to
Bid # 08-012 to Nextran Truck Center in the amount of $92,307 and
authorized the Chairman to sign the contract as prepared by the County
Attorney.
D.Advertise an Invitation to Bid- The Board approved advertising an Invitation
to Bid for he sale of the Macpresse Baler Model 112 for the Solid Waste
Department and authorized the Chairman to sign the necessary documents as
prepared by the County Attorney.
E.Advertise an Invitation to Bid - The Board approved advertising an Invitation
to Bid for the annual contract for Garbage Collection & Recycling at County
Facilities.
F.Second Amendment to Contract C02-03-331 with Baker & Taylor Inc.- the
Board approved the second amendment to contract C02-03-331 with Baker &
Taylor for Book Leasing Program and authorized the Chairman to sign the
amendment as prepared by the County Attorney.
4.LIBRARY
St. Lucie West Library- Contracted Services- The Board approved the expenditures of
$17,282 for Contracted Services at the St. Lucie West Library and authorized the County
Administrator to sign the purchasing requisition for payment of services to Indian River
Community College.
5.PUBLIC WORKS
A.The Board approved the Joint Participation Agreement with Florida
Department of Transportation and Florida Ports Council (FSTED for Taylor
Creek Restoration- Spoil Site Evaluation & Design Project and approved
Resolution No. 08-050. FSTED’s contribution is in he amount of $90,000
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(75%) towards an estimated total project cost of $120,000 and authorized the
Chairman to sign.
B.Local Government Agreement with SFWMD - The Board approved the Local
Governmental Agreement with south Florida Water Management District in
the amount of $54,500.00(50%) for White City Drainage Improvement-
Citrus and Saeger Avenues and approved Resolution No. 08-053 and
authorized the Chairman to sign. The estimated total project cost is
$109,000.00.
C.Local Government Agreement with SFWMD- The Board approved the Local
Government Agreement with South Florida Water Management in the amount
of $500,000 (50%) for Indian River Estates Storm Water Improvements –
Pump Station and approved Resolution No. 08-055 for an estimated total
project cost of $1,000,000.
D.Approval of Local Government Agreement with South Florida Water
Management in the amount of $500,000 (50%) for Paradise Park Storm Water
Improvements Phase 2 and Resolution No. 08-056- Estimated total project
cost of $1,000,000.- The Board approved of the Local Governmental
Agreement with SFWMD in the amount of $500,000 for Paradise Park Storm
Water Improvements Phase 2 and approved Resolution # 08-056 and signature
of Chairman.
E.Engineering Division-Award of Bid # 07-108 for the Construction of Avenue
“J” Pedestrian Bridge to Sheltra & Sons Construction, Co., Inc., in the amount
of $193,283.73 – The Board approved awarding Bid # 07-108 to Sheltra &
Sons Construction for the construction of Avenue “j” pedestrian bridge in the
amount of $193,283.73 established the project budget as outlined and
authorized the Chairman to sign the contracts as prepared by the County
Attorney.
F.Engineering Division- Staff requested the Board authorize proceeding with
additional interim financing to fund additional assessment services to be
provided by Camp, Dresser & McGee, Inc., and approve the corresponding
Budget Resolution at set forth below:
Lennard Road 1 MSBU - $40,000 Budget Resolution 08-064
Lennard Road 2 MSBU- $40,000 Budget Resolution 08-065
Lennard Road 3 MSBU -$40,000 Budget Resolution 08-066
THIS ITEM WAS PULLED FOR SEPARATE VOTE. COM. GRANDE
STATED HE DID NOT SUPPORT THIS PROJECT.
G.Engineering Division- The Board accepted the project, released the retainage,
and approved making final payment in the amount of $6,240.00 to Johnson
Davis for Emergency Repair on Indian River Drive at Eden Creek Lane and
authorized the Chairman to sign.
H.Engineering Division- Approval of Work Authorization No. 3- The Board
approved Work Authorization No. 3 to the Contract for Professional
Engineering Services related to Stormwater Management with Creech
Engineers for services on Sneed Road for an emergency culvert replacement
project in the amount o $58,176. and authorized the Chairman to sign.
I.Engineering Division- Approve Work Authorization No. 2 with Ardaman &
Associates- The Board approved Work Authorization No. 2 with Ardaman &
Associates for construction material testing for Avenue J Pedestrian Bridge
over Drainage Ditch No. 2 in the amount of $5,000.
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J.Request for BOCC approval of Amendment 1 of WA # 7 for a time extension
with Dredging and Marine Consultants- The Board approved Amendment 1
of WA # 7 for a time extension with Dredging and Marine Consultants LLC
for construction inspection services for Taylor Creek Dredging Project Phase
3 Shoreline Stabilization.
6.PARKS AND RECREATION
A.Request for approval to serve alcohol at the Indrio Road School House - The
Board approved Tareena Blanton’s request to serve alcohol during her
wedding reception at the Indrio Road School House on March 8, 2008.
B.Summer Camp- Grant Request- Ft. Pierce Redevelopment Agency- The Board
authorized Parks and Recreation to submit a funding/sponsorship request for
up to 33 children to attend Lincoln Park Community Center’s Summer camps,
in the amount up to $24,750.
C.Fair Association Request- The Board approved the Fair Association’s request
to construct a 30’X 6’ shade pergola off the front of the Fairgrounds
information booth.
7.HUMAN RESOURCES
A.Nationwide Retirement Solutions 457 Plan Loan Provision- The Board
approved the request to provide a Loan Provision in the Nationwide
Retirement Solutions 457 Plan.
B.Establishment of the position of Records and Inventory Management
Specialist Position Job Code 707, Pay Grade 14. Current salary range
$13.09/hr to $19.97/hr. – The Board approved the request to establish the
position of Records and Inventory Management Specialist.
8.RESEARCH PARK
Treasure Coast Education, Research and Development Authority- The Board approved
the proposed First Amendment to Work Authorization No. 8 with Culpepper and
Terpening for Surveying Services, and authorized the Chairman to sign the First
Amendment.
9.GROWTH MANAGEMENT
Petition of Dr. David T. Welch for a 12 month extension of the date of expiration for the
Major Site Plan project known as Church of God in Christ for property located on Juanita
Avenue and adopt Resolution No. 08-013 granting the 12 month extension.- The Board
approved Resolution No. 08-013.
10.SOLID WASTE
Staff request Board approval of and or Chairman to execute Work Authorization No. 3 as
prepared by the County Attorney for the December 31, 2007 proposal from CDM for
engineering services and field services to install the third layer of horizontal landfill gas
collectors in Cell 3A for a lump sum of $72,260.00.- The Board approved the execution
of Work Authorization No. 3 as prepared by the County Attorney.
11.TRANSPORTATION PLANNING ORGANIZATION
Approve Budget Resolution No. 08-057 to recognize the additional FHWA grant award
to St. Lucie TPO in the amount of $345,000 for 2007/2008 fiscal year for a total award of
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$545,000.- The Board approved Budget Resolution in the amount of $78,152 increasing
the budget for the St. Lucie TPO up to $545,000.
12.AGRICULTURE EXTENSION
Request for Board approval of Budget Resolution No. 08-054 to implement the
Emergency Management Residential Construction Mitigation Program- The Board
approved Budget Resolution No. 08-054.
13.CENTRAL SERVICES
A.General Elevator Sales & Service- The Board approved the Amendment to
Contract C05-11-708 for the additional of elevator repair and maintenance
services for the New Clerk of Court building; authorized the Chairman to sign
the Amendment as prepared by the County Attorney.
B.David Brooks Enterprises Change Order No. 22 to # C05-12-636 Construction
of the New Clerk of Court building, Downtown Chiller Plant and Phase 1 of
the Old Clerk of Court remodel; increasing the contract time for the Chiller
Plant project 170 days changing the date of substantial completion to July 23,
2008, and to increase contract time for the Old Clerk of Court Remodel
project 20 days, changing the date of substantial completion to November 13,
2008, authorized the Chairman to sign the change order as prepared by the
County Attorney.
C.Downtown Judicial Complex Project- Edlund Dritenbas Binkely Architects
and Associates
Courthouse Main Entrance- Third Amendment to C03-12-761 $1,775.
Courthouse Annex Renovation- Second Amendment to Work Authorization No.
14 Contract # C05-05-248 $ 1,775.
Clerk of Court Renovation- Fifth Amendment to # C03-12-762. $10,520.
The Board approved the above amendments with Edlund Dritenbas Binkley
Architects and authorized the Chairman to sign the amendments as prepared by
the County Attorney.
14.GRANTS
A.The Board authorized the submittal of a grant application, on behalf of
Exchange Club Castle, to the U.S. Department of Justice , Office of Violence
Against Women, “Safe Havens: Supervised Visitation and Safe Exchange
Grant Program” requesting an amount not to exceed $550,000 to further a
program to support supervised visits and the safe exchange of children by and
between parents.
B.The Board authorized the acceptance of grant funding in the amount of
$60,000 from the South Florida Water Management District, St. Lucie River
Issues Team to be used to develop and construct a $130,000 educational
exhibit at the Oxbow Eco-Center.
C.The Board approved the submission of a funding application to the US
Department of Health and Human Services requesting an amount not to
exceed $50,000 year over a 3 year period to further a program to provide
capacity building collaborations that create or expand asset formation and
financial literacy services among low income households.
15.COMMISISONER GRANDE
Appointment to Planning and Zoning Commission- The Board ratified Com. Grande’s
appointment of Ed Lounds to the P & Z Board.
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16.ADMINISTRATION
A.The Board approved amending the federal request to the Senate for the
Treasure Coast Education, Research and Education Park for an amount of
$1,9000,000 to an amount of $2,950,000.
B.Gubernatorial appointment - The Board approved completing the Re-
appointment Ballot Form with the concurrence of the recommendation of
reappointment of Dr. Mittleman for submittal.
C.Citizens Budget Development Committee- The Board ratified Commissioner
Craft’s appointment of Christopher Dzadovsky to the Citizens Budget
Development Committee.
D.Board of Adjustment Appointment- The Board ratified Com. Craft’s
appointment of Mr. Richard Pancoast to the Board of Adjustment.
17.AIRPORT
Request that the Board approved Change Order # 2 for Ocean Gate General Contractors
Inc. – The Board approved Change Order # 2 for Ocean Gate General Contractors, Inc.,
for an additional cost of $11,462.47 changing the contract amount from $2,328,538.25 to
$2,340,000.72 adding 23 days to the contract time changing the substantial completion
date to January 31, 2008 for the construction for the new Aircraft Rescue and Firefighting
Facility at the St. Lucie County International Airport , and authorized the Chairman or
designee to execute the same.
18.INVESTMENT FOR THE FUTURE
Fairgrounds Wastewater Treatment Plant Expansion Project- Approve Work
Authorization # 23 (C05-04-170) to Mastellar & Moler Inc., and request to go to bid and
additional funding for the project- The Board approved Work Authorization # 23 with
Masteller & Moler in the amount of $71,000 for engineering services, and authorized
staff to go to bid for the Fairgrounds/EOC wastewater treatment plant capacity increase
project, approved additional funding for the project in the amount of $322,600 increasing
the total project budget to $821,000 and approved Budget Resolution No. 08-043.
19.ECONOMIC DEVELOPMENT
A.Resolution No. 08-067 a resolution stating the incentive package for Treasure
Coast Jet completions. This incentive package was approved by the Board on
December 18, 2007. This resolution is required to file an application for a
State Qualified Targeted Industry incentive- The Board approved Resolution
No. 08-067.
B.Approval of the County’s Incentive Package for Oregon Health & Science
University- The Board approved the incentive package including an
agreement to enter into an Economic Development Impact Fee Mitigation
Agreement and to hold a public hearing to consider the Ad Valorem Tax
Abatement.
20.MANAGEMENT AND BUDGET
Resolution No. 08-072 to accept grant award from the Florida Fish and Wildlife
Conservation commission in the amount of $50,000 for the renovation of the Summerline
Boat Dock- The Board approved Resolution No. 08-072 to establish the budget for the
grant.
21.COMMUNITY SERVICES
Approval of a one year extension to the Hurricane Housing Recovery Program for
submittal to Florida for submittal to Florida Housing Finance Corporation- The Board
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approved a one year extension to the Hurricane Housing Recovery Program for submittal
to Florida Housing Corporation and authorized the Chairman to sign the necessary
documents.
C-5F
Engineering Division- Staff requested the Board authorize proceeding with additional
interim financing to fund additional assessment services to be provided by Camp,
Dresser & McGee, Inc., and approve the corresponding Budget Resolution at set forth
below:
Lennard Road 1 MSBU - $40,000 Budget Resolution 08-064
Lennard Road 2 MSBU- $40,000 Budget Resolution 08-065
Lennard Road 3 MSBU -$40,000 Budget Resolution 08-066
It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation,
and; upon roll call, the vote was as follows:
Nay: Grande; Aye’s: Craft Lewis, Coward, Smith, motion to approve carried by a vote of
4 to 1.
REGULAR AGENDA
5.A
No public hearings scheduled.
6.THIS ITEM WAS PULLED PRIOR TO THE MEETING
7.AIRPORT
Request direction from the Board on recommended properties to be sold to offset the cost
to purchase a 29 acre parcel south of the new runway at the St. Lucie County
International Airport- Consider staff recommendation to provide direction on the sale of
properties between Ridgehaven and U.S. 1 .
It was moved by Com. Coward, seconded by Com. Craft, to approve staff
recommendation, and; upon roll call motion carried unanimously.
8.COUNTY ATTORNEY
Resolution No. 08-068- Amendment to the Investment Policy- Consider staff
recommendation to adopt the attached Resolution No. 08-068 and authorize the Chairman
to sign the Resolution.
It was moved by Com. Grande, seconded by Com. Craft, to approve Resolution No. 08-
068, and; upon roll call, motion carried unanimously.
9.COUNTY ATTORNEY
Riverland/Kennedy LLP and ACR Properties, LLC- Settlement Agreement- Consider
staff recommendation to approve the Settlement Agreement and authorize the Chairman
to sign the Agreement.
It was moved by Com. Craft, seconded by Com. Coward, to approve staff
recommendation, and; upon roll call, motion carried unanimously.
10.GROWTH MANAGEMENT
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Continuation of the petition of Ryan Johnson, Johnson Group Land Development
Consultants Inc., and Anya Group Inc. for a 12 month extension of the date of expiration
for the Major Site Plan for Indrio Crossings – Phase II .
It was moved by Com. Lewis, seconded by Com. Coward, to approve the 12 month
extension to the Indrio Crossings Phase II Major Site Plan Project, and; upon roll call, the
vote was as follows: Aye’s: Lewis, Coward; Nay’s: Craft , Grande, Smith; motion
denied by a vote of 3 to 2.
11.COUNTY ATTORNEY
ORCA Use Agreement – Walton Scrub Homestead
This item was pulled.
RA.1 Discussion on Wind Turbines/FPL- Staff requesting direction
The County Attorney advised the Board this relates to a meeting scheduled on Thursday
and a follow up on Friday. On this agenda as item 12 is a proposed easement to FPL for
the use of Blind Creek Park for several wind turbines. The Board has not expressed their
position.
The County Attorney addressed this issue and read the Florida Administrative Code Rule
18-2.018(3) (d) 1 provides: “ If a requested easement is located on lands under lease,
sublease, management or other use, the applicant shall obtain permission from the
authorized managing entity for the easement prior to the application to the Trustees”.
In this case the County does not own the land we have a 50 year lease with SFWMD and
the Trustees. The Board has not consented to the application. He believes it would be
appropriate to ask FPL to pull this item from the agenda. He felt it was not fair to
everyone the way it has been presented and this is not the correct forum. He would prefer
a night meeting with adequate notice and give everyone the opportunity to state whether
they are in favor or opposed. He believes the County should ask the State to have the
item deferred until the County determines whether the request should be approved and
goes through the appropriate process. He believes that in reading the rule, it is premature
to meet until the locals have had a chance to meet.
Com. Coward stated the residents agreed to pay and tax themselves $3.6 million dollars
for preservation of this land. He referred to the language on the ballot memo of the
referendum and the County Attorney’s opinion.
Com. Grande expressed his concern with this item being placed on the agenda with one
week’s notice and questioned why FPL has not chosen to withdraw this item from the
State’s agenda until they have heard the County’s comments.
Com. Coward addressed the Archeological site and the recommendation from the State
staff.
Mr. Eric Silagy, FPL Vice President, addressed the Board’s questions and gave a brief
overview of the facility and stated they are required to appear before the State as well as
the County. They found out the same day as the County did they had to appear before the
State.
Com. Coward alluded to the ARC rule which reads: “ If a requested easement is located
on lands under lease, sublease, management or other use, the applicant shall obtain
permission from the authorized managing entity (the county) for the easement prior to the
application to the Trustees.” He asked if he agreed with this.
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Mr. Silagy stated they applied for the rezoning application in September and have
requested to come before the Board several times. They were asked by the County to
remove themselves from the agenda and they did. They believe it is not their place to
interpret the ARC rules. They are following the state’s request to appear before them.
They have asked repeatedly to be placed on the county’s agenda before this happened and
have not.
Com. Craft offered giving Mr. Silagy a firm date in exchange for the item being pulled
from the State’s agenda. He believes this is the most important issue ever and it needs to
be discussed in a public forum.
Mr. Silagy stated he believed it was important to have this discussion and would be
willing to consider this however he would need to know from ARC if they would be able
to be placed back on their agenda by April.
Com. Craft stated he would like to give FPL the opportunity to be heard by the BOCC,
but would have a difficult time if this was being done out of order as it presently stands.
Com. Grande stated the fix was simple. They would need to go to ARC and advise them
they would like to have the item pulled until it is heard by the County and its residents.
Mr. Silagy stated he has always been in agreement to work with the county in this
process. He is not an expert in the ARC rule and cannot tell the ARC how to do their
business. If there was another way forward he would be happy to discuss it.
Com. Lewis stated she did not wish to be portrayed as “an obstacle in the roadway” and
felt it would not be in the best interest of either party to make an up or down decision
today. They need to proceed with everyone best interest in mind and is not ready to move
forward today.
Mr. Silagy stated he felt it would not be appropriate to have an up or down decision today
since they have not had the opportunity to make their presentation on the project and
have dialogue.
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Com. Coward alluded to a letter from FPL dated December 7 requesting the item be
pulled from the agenda. He stated he also did want to have this decided in a public
domain.
Mr. Silagy stated they support discussion in a public domain. FPL is a large taxpayer and
are proud of their conservation record. He addressed additional land being considered.
Com. Coward stated today was the first day he had seen a map of other lands or even
heard about additional lands and questioned how he could even consider them without
knowing about them. He was not included on any of these discussions.
Com. Craft stated they are learning about things they were not previously aware of. He
supports drafting a letter to ARC asking the item be removed from the agenda until a
public meeting is held and asked FPL to honor this wish as well.
The Recording Secretary read a letter from Mayor Bob Benton addressed to the
Chairman and the Board. The letter has been included in the hard copy of the Board
minutes.
PUBLIC COMMENTS
Dr. Kenneth Olen, area resident made a presentation on electric power generation and
stated they should look at the science. He stated in a report it stated there is insufficient
wind power in the State of Florida to make this project economically feasible. He
recommended the Board not approving FPL’s request.
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Ms. Christine Coke, City of Ft. Pierce Commissioner addressed the Board and stated the
County had to uphold its obligation to the people that being saving and preservation of
public lands.
Mr. Harry Gray, South Indian River Drive resident, addressed the Board and stated he
felt FPL was not being a good neighbor and he believed they were looking for tax credits.
Ms. Linda Nunn, Indian River Drive resident, addressed the Board in opposition of any
conversation land being used.
Mr. Miguel Fuentes addressed the Board and recommended having a hearing, look at
available technologies and try to find a solution. He recommended placing all facts out
on the table and then deciding what direction to take.
Ms. Julie Zahniser, Indian River Drive resident, addressed the Board in opposition to the
wind turbines being placed on the beach. She advised the Board and those present if they
wished to review any negative facts about wind turbines in their present location to go on
the website.
Mr. David Dale, South Indian River Drive resident, addressed the Board in opposition to
the wind turbines due to the possible stroke affect it may have on nearby homes due to
the sun’s reflection.
Dr. Eric Haney, area resident, addressed the Board in favor of a public forum being
scheduled to discuss the issue and the facts presented by both sides.
Mr. Adam (unintelligible last name) Indian River Drive resident, addressed the Board in
opposition to the project. He expressed his concerns with it ruining the scenic beauty of
the area and the impact it may have economically.
Mr. Peter Deagan, Sand Dollar Shores resident, addressed the Board in opposition to the
project.
Mr. Craig Mundt, N. A-1-A resident, addressed the Board in opposition to the use of any
public lands and felt it may set a precedent. He believed the Board to make a decision
today.
Ms. Susie Smith, S. Hutchinson Island resident, addressed the Board in opposition and
stated the Board holds the fate of the taxpayers in that area in their hands.
Mr. Phillip Tofoya, St. Lucie County resident, addressed the Board in opposition to the
project.
Mr. Jeff Mitchell, representing the Conservation Alliance, requested the Board do all
possible to prohibit wind turbines. He recommended through studies be done and
recommended investigating private lands for such use.
Ms. Miller, North Hutchinson Island, addressed the Board recommended researching
solar energy since Florida is known as “the Sunshine State”.
Ms. Pat Pasetti, Presidents Council, addressed the Board and stated they were still in the
process of putting together information as to the Pro’s and Con’s of such a project. She
stated her opposition to placing this item on the County’s agenda at the last minute.
Mr. Mark Novak, St .Lucie County resident, addressed the Board in opposition to the
project and stated the do not need more electrical capacity at the moment.
Ms. Pat Spaulding, area resident, addressed the Board for Ms. Jane Brooks who could not
be present and advised them of her opposition to the state not including the county in the
process.
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Mr. William Abramowicz, Indian River Estates resident and FPUA employee, addressed
the Board and recommended moving towards finding alternative forms of energy to use.
He believes 3,000 homes is not a large enough service area to require 9 wind turbines.
Mr. David Bay, area resident, addressed the Board in favor of the project and any form of
renewable energy.
Ms. Erica D’Avanzo, SurfRider Foundation, addressed the Board in opposition to the
project and addressed the impact it would have to Walton Rocks Beach area.
Ms. Karen Federick, Rio Vista Drive resident, addressed the Board in opposition to the
project.
Mr. Tom Walker, So. Hutchinson Island resident, addressed the Board and stated
historically Florida has been known for making some of the worst environmental
decisions and recommended the Board use integrity when making their decision.
Mr. Nick Theodore, Port St. Lucie resident, addressed the Board and reminded them of a
similar situation occurred when the Power Plant project was being presented. He
recommended the County Attorney attending the meeting to voice the County’s
displeasure to ARC.
Mr. Chris Sedowsky, Port St. Lucie resident, addressed the protection of public lands
and reminded the Board that the voters had wished to protect these lands. He believed
they need to move past the legal issues and move more towards the discussion.
Ms. Carol Mishieu, President So. Beach Association, addressed the Board and asked that
there not be any public lands or conservation lands used for this project. She advised
those present she was not convinced such a project was an economically viable option.
Ms. Lauri Schwab, Indian River Drive resident, addressed the Board in opposition to all
wind turbine projects on the island and felt this was an incompatible land use.
Mr. Paul Schall, St. Lucie County resident addressed the Board and stated that the
population number in the county is greater than just those present. He believes everyone
is entitled to make a profit and believes this project would allow energy to be affordable
and believes public lands is the suitable area for the project.
Mr. Anthony Hupta, St. Lucie County resident, and professional engineer, addressed the
problems with this type of a project on public lands. He believes this land should be used
for commercial projects.
Dr. Steve Dale, So. Indian River Drive resident, addressed the Board in opposition to the
project on the beach and expressed his concern with the sound and light transmission on
the water and how it may affect the fish. He recommended partnering with FPL and
giving tax credits for solar use.
Mr. Kevin Murry, volunteer SurfRider Organization, addressed the Board in opposition
to the project.
Mr. George Jones- St. Lucie County resident and former Environmental Protection Dept.,
employee, addressed the Board and stated the public deserves to have lands preserved for
future generations.
Mr. David Weeks, St. Lucie County resident, addressed the Board and stated he had a
problem with the public dependency on fossil fuels and we now needed to be in a
renewable and sustainable mode for the future.
Mr. John Carroll, Indian River Drive resident, addressed the bond issue due to the
referendum and the possible violations this would cause.
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Mr. Bob Lessa, So. Hutchinson Island addressed the Board regarding short term tax
credit for long term use. He believes the proposition is not economically feasible. He
recommended the Board require FPL to demonstrate audible figure that shows this is an
economically feasible proposal with out any tax credits.
Ms. Susie Caron, Indrio Road resident, addressed the Board with regard to their role in
preserving lands and felt their “word” should be set in stone.
Ms. Edie Shore, member of the Audubon Society addressed the Board and advised them
of a letter the Society sent to FPL in December and the fact they have as yet to receive an
answer. She recommended putting closure to the issue today.
Ms. Grace Stock, are resident, addressed the Board and also commented on the letter sent
by the Audubon Society and read a paragraph where it stated the land is purchased in
perpetuity and not to be used.
Ms. Elizabeth Dunlevy, Gator Trace resident, addressed the Board with regard to the
letter from the Audubon Society regarding the easement and the use of conservation
lands.
Mr. James Moore, St. Lucie County resident addressed the Board and recommended the
Board listen to the County Attorney’s statement as well as Com. Coward who he felt
were experts on the issue.
Com. Coward advised those present he concurs with all comments made today and they
needed to stand up and say “these lands are off the table.” He felt they can then have
more conversations on clean energy. He recommended the Board take a stand today, he
is not interested in sacrificing conservation public lands but is willing to work with FPL
on clean energy.
Com. Craft stated he would like to continue dialogue however not on FPL’s or the State’s
timeline. There are many questions that need to be asked and he felt they needed to
protect the integrity of the system.
Com. Grande asked FPL if they had made a decision as to whether they were going to ask
the State to defer the item.
Mr. Silagy stated that FPL had listened to all the comments made by the general public.
FPL is committed to build renewable energy in Florida and ARC is one half of the
approval needed. They were required to submit the application to the state and follow the
process. In order for FPL to meet the commitment of renewables they must go before the
State. He also advised the Board they could not answer any questions if they were not
permitted to step foot on the property to take samples.
Com. Grande stated he was not happy with coming back to an unagendad item on an
emergency basis. He is not here to negotiate today and will not foreclose any option
today. He has not made up his mind today. If the state moves forward he will be against
anything pertaining to this project. FPL has an opportunity to put this on hold or
withdraw the application.
Com. Craft stated he did not have an issue with Public Lands and they needed to look at
net environmental gain and would like to have this discussion on this issues next.
Com. Coward alluded to the legal facts and need to uphold the legal interpretation of
staff. He felt the does not need more information and is not a gray issue.
Com. Craft stated he does not believe County Attorney’s memo includes mitigation facts
and this is not black and white and would like to look at this in a fair manner.
The Attorney from FPL addressed his interpretation of the ARC rule and the legal issue.
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Com. Craft recommended not doing anything, and stated the ball was in FPL’s court. He
felt they did not need to make a statement to the state.
Com. Grande requested ARC be asked to follow standards as they know them to be and
respectfully ask them not to move forward without the County’s input.
Com. Lewis stated she was not in favor or against she would like to address the ARC
issue today however she was not willing to make a final decision today she is still
gathering information.
It was moved by Com. Coward to remove any and all conservation lands off the table,
and if a letter is sent that a copy of the County Attorney’s memo be included;
Motion died for lack of second.
Com. Coward stated if the Board decided to send the letter to the state indicating the
county would prefer they not have the meeting, but if they do, they have information
along with the legal opinion from the County Attorney.
Ms. Lilanie Chandler, area resident, questioned why FPL wanted this land if they have
their own land to use for such a project.
It was the consensus of the Board to send a letter to the ARC Committee requesting they
not hear this item until the Board of County Commissioners has had the opportunity to
provide input from the Board and the public; to include the County Attorney’s legal
interpretation and include any other staff information. However it also needs to be noted
that the Board has not weighed in on this issue.
The Chairman recommended a DVD or CD of this meeting also be included.
( All letters presented will be included in the hard copy of the minutes)
There being no further business to be brought before the Board, the meeting was
adjourned.
____________________________
Chairman
____________________________
Clerk of the Circuit Court
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