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HomeMy WebLinkAbout04/05/2010JEFFREY K. BARTON Clerk to the Board INDEX TO MINUTES OF BROWNFIELD AREA DESIGNATION PUBLIC HEARING WORKSHOP INDIAN RIVER STATE COLLEGE, MUELLER CAMPUS PAMELA AND RUSSELL BJORKMAN ROOM OF THE BRACKETT LIBRARY MONDAY, APRIL 5, 2010 AT 6:00 P.M. 1. INTRODUCTIONS 2 2. PRESENTATION ON STATE BROWNFIELD PROGRAM — GEORGE HOUSTON, FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 2 3. PRESENTATION ON PROPOSED INDIAN RIVER COUNTY BROWNFIELD PROGRAM — BILL SCHUTT, INDIAN RIVER COUNTY PLANNING DIVISION 3 4. QUESTIONS AND ANSWERS 3 5. ADJOURNMENT 7 1 April 5, 2010 Brownfield Area Designation Public Hearing Workshop JEFFREY K. BARTON Clerk to the Board April 5, 2010 BOARD OF COUNTY COMMISSIONERS BROWNFIELD AREA DESIGNATION PUBLIC HEARING WORKSHOP APRIL 5, 2010 The Board of County Commissioners of Indian River County, Florida, met at the Indian River State College, Mueller Campus - Pamela and Russell Bjorkman Room of the Brackett Library, on Monday, April 5, 2010, to discuss and consider adoption of a resolution that would establish a Brownfield Development Area near 74th Avenue and 9th Street S.W. Present were Chairman Peter D. O'Bryan, Vice Chairman Bob Solari, and Commissioners Joseph E. Flescher, and Gary C. Wheeler (Commissioner Wesley S. Davis was absent). Also in attendance were County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr., and Deputy Clerk Leona Adair Allen. Chairman O'Bryan called the meeting to order at 6:02 p.m. He informed the audience that this Public Hearing Workshop would be for public information regarding the Florida Brownfields Redevelopment Program, and that no formal action would be taken. 1 April 5, 2010 Brownfield Area Designation Public Hearing Workshop Community Development Director Bob Keating reiterated that tonight's meeting was to discuss the Brownfields Program with an initiative to designate an area within the County as a Brownfield Area. He said two Public Hearings would need to take place before moving forward and designating the area as a Brownfield Area, and that according to State Statute, anyone whose property is identified as a potential Brownfield Area could opt out and have their property excluded. 1. INTRODUCTIONS Director Keating introduced George Houston II, P.G., Central Brownfields Coordinator, Florida Department of Environmental Protection, Orlando, and County Planning Division Senior Planner Bill Schutt. 2. PRESENTATION ON STATE BROWNFIELD PROGRAM - GEORGE HOUSTON, FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION George Houston II, P.G., Central District Brownfields Coordinator, using a PowerPoint Presentation (on file), described the Florida Brownfields Redevelopment Program, its process, benefits, opportunities, and tools. He also spoke about integrating the Federal and State Programs, and Brownfield success stories throughout Florida. 2 April 5, 2010 Brownfield Area Designation Public Hearing Workshop 3. PRESENTATION ON PROPOSED INDIAN RIVER COUNTY BROWNFIELD PROGRAM - BILL SCHUTT, INDIAN RIVER COUNTY PLANNING DIVISION (Clerk's Note: This Item was heard following Item 4, and is placed here for continuity.) County Planning Division Senior Planner Bill Schutt, through a PowerPoint Presentation (on file), outlined the proposed 74th Avenue, 9th Street S.W. Brownfield(s) Area/Designation. He used aerial maps to show the location of the property, applicable designations, properties that have been excluded from the Brownfields proposal, the revised proposal, and the timeframes involved with designating the properties as Brownfields. He reported that the first Public Hearing was tentatively scheduled for Tuesday, April 20th., 2010, and the second would be scheduled for early to mid-May. Discussion ensued regarding economics, County maintenance of 5th Street S.W., what is best for the County, the negative perception of the word `Brownfields" and the consideration of renaming it, the Brownfields designation being a disservice to property owners, the jobs grant and financial support, and the dishonesty of designating property as a Brownfield Area designation if it is not contaminated. Discussion ensued regarding the Ocean Spray site, the benefits of designating the property as a Brownfield Area designation, and the lack of contamination on the properties. 4. QUESTIONS AND ANSWERS Citizens sought and received clarification regarding soil and ground water testing, the Brownfield Site Rehabilitation Agreement (BSRA), opting in/out, perceived contamination, program benefits, and economic incentives. 3 April 5, 2010 Brownfield Area Designation Public Hearing Workshop Director Keating explained that INEOS New Planet Bio Energy (INEOS) contacted Indian River County staff and requested they initiate the process of designating the former Ocean Spray site as part of a Brownfield Aea. Staff, after realizing the benefits that are available only through a Brownfields designation, and wanting to incentivize the project, took the initiative to put some of the County property owned by the Solid Waste District and the Commercial / Industrial designated property into the proposed Brownfield Area, with the option that any property owner could opt out. The following individuals spoke in opposition to the Brownfield Area designation: • B.J. McClure, 395 Nieuport Drive, Vero Beach • Paul Amos, 3111 Cardinal Drive, Vero Beach • Margo Sudnykovych, 7575 1St Street, SW, Vero Beach • Joseph Paladin, 909 New Haven Avenue, Melbourne • Richard Martin, 895 Island Club Square, Vero Beach • Judith Martin, 895 Island Club Square, Vero Beach • Suzanne Shapiro, 1221 Coconut Road, Boca Raton • Len Shapiro, 1221 Coconut Road, Boca Raton • Geoff Newcombe, 565 Gull Wing Drive, Vero Beach • Mary Wood, 220 Sopwith Drive, Vero Beach • Jeffrey Shapiro, 1221 Coconut Road, Boca Raton • Helene Caseltine, 1216 21st Street, Vero Beach • G.H. Blythe, 825 90th Avenue, Vero Beach • E. J. O'Neill, 979 Beachland Boulevard, Vero Beach • Michael Trax, 300 Nieuport Drive, Vero Beach • Sue Kaser, 560 Gull Wing Drive, Vero Beach • Eugene O'Neill, 979 Beachland Boulevard, Vero Beach • Michael Ziegler, 3375 12th Street, Vero Beach 4 April 5, 2010 Brownfield Area Designation Public Hearing Workshop Discussion ensued regarding the association of `Brownfields" to contamination, whether the Brownfield designation is in perpetuity, how opting out would/could devalue property, and using the Brownfields as an economic tool. Citizens expressed concern over their property not being contaminated, and what the Brownfields designation would do to the value of their property. Chairman O'Bryan apologized for the notices that were sent out late, and he pointed out that the only action that the Board had taken was to schedule the Public Hearings and Workshops, and that no decision was made to approve the Brownfields designation. Managing Director of the Solid Waste Disposal District Himanshu Mehta provided an update on INEOS's consumptive water use permit through the St. Johns River Water Management District, and felt that water usage would not be any more than what was used by the Ocean Spray facility. He clarified the request for proposal, saying that the County is looking at gas to energy, as well as the waste energy component. Dave King, President of INEOS New Planet BioEnergy, provided an update on the status of the project, described the process and analysis, the available elements, and the incentives available through the Brownfields designation. He said he was personally invested in the environmental aspects, and wanted an open and transparent dialog. There was a brief discussion pertaining to citizen concerns over possible devaluation of neighboring properties, and the Brownfields adversely affecting property values. County Administrator Joe Baird emphasized that the purpose of this meeting is for the Board of County Commissioners to hear citizens' concerns. Attorney Alan S. Polackwich informed the audience that staff would not be sending certified mail Notices of future Public Hearings. He said Notices are printed in the Newspaper, 5 April 5, 2010 Brownfield Area Designation Public Hearing Workshop and the State Statute does not require the Notices to be sent by certified mail, which has always been a courtesy of staff. Commissioner Wheeler commented on 5th Street S.W. right-of-way concerns, redevelopment, and perception. He saw this as positive economic growth and redevelopment. He said that at the Public Hearing, he would be looking at the benefits to this County, and possibly going along with this for Ocean Spray if there is no contamination, but that would be a question that would need to be addressed at the time. He wanted anyone interested in the Brownfields redesignation to opt in instead of opting out. Vice Chairman Solari supported this workshop, the input from citizens, and encouraged government in action by holding Workshops and Public Hearings. He said he would support the Brownfields designation specifically for the INEOS site, and saw no reason to go further because he never perceived the proposed area as polluted property. Commissioner Flescher supported this workshop and the upcoming Public Hearings. He encouraged public input/feedback and felt there was a consensus at this point. He commented on "perception", and how the designation would be good for the community and INEOS. Chairman O'Bryan believed this workshop allowed everyone to be heard loud and clear. He indicated that in going forward, staff could start with a smaller area than what was first proposed, and once it starts moving ahead, property owners could opt in. He felt the entire area would become a biotech with new technology, and that the incentives would help to bring jobs into the County. Chairman O'Bryan reminded everyone that the next scheduled Public Hearing was set for Tuesday, April 20, 2010 at 9:00 a.m., which is where the Board can take action. 6 April 5, 2010 Brownfield Area Designation Public Hearing Workshop 5. ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 8:04 p.m. ATTEST: • Jeffrey K. Barton, Clerk Peter D. O'Bryan, Chairman Minutes Approved: MAY 2010 7 April 5, 2010 Brownfield Area Designation Public Hearing Workshop