MARTIN COUNTY — County commissioners voted 4-1 on Jan. 6 to designate a contaminated property in Hobe Sound as a brownfield, a move that clears the way for a proposed 38-home luxury residential development to move forward under a state-backed environmental cleanup program.
The decision followed weeks of debate over whether the project, planned by Oasis Development LLC, met the requirements for Florida’s brownfield designation, a program administered by the Florida Department of Environmental Protection that provides incentives, including tax credits, to help developers remediate polluted land.
The developer first requested the designation in December, but commissioners raised questions about whether the project would generate enough jobs to qualify, the financial capacity of the development team and the background of one individual involved who has a prior fraud conviction.
Representing Oasis, environmental attorney Michael Sznapstajler of Cobb & Cole told commissioners that an outside consultant’s report outlined both community- and household-related employment tied to the project, including positions connected to maintenance, security and resident services.
“That report documents 6.8 community-related jobs for security, landscape and maintenance, and the fitness center and the recreation areas, and then 15, 15.2 household-related jobs — so house cleaning, home, property maintenance, repairs, and things of that nature,” he said.
Some commissioners remained unconvinced. Commissioner Sarah Heard questioned the job projections, while Commissioner Eileen Vargas said she doubted the economic feasibility of staffing certain positions for a development of that size.
“I couldn’t buy five, so I’m really struggling with 22,” Heard said.
“I would not pay a full-time guard the salary, plus all the benefits for 38 homes. I would not, as an astute business person and a homeowner,” Vargas said.
Vargas also questioned whether relying on an outside consultant’s analysis was sufficient to establish job creation. Growth Management Director Paul Schilling told commissioners that using professional reports is standard practice in quasi-judicial matters.
“We routinely rely on professional reports and testimony within public quasi-judicial matters, so this isn’t unique in that respect,” he said.
Beyond jobs, commissioners scrutinized whether the developer had demonstrated the financial ability to complete the cleanup. At an earlier hearing, the applicant had provided only a letter of intent. Sznapstajler said that had since changed, pointing to new documentation submitted to the board.
“Take a look at those financial records that are on the dais — $35 million for the loan commitment, along with the affidavit of authenticity,” he said. “We do have a bank statement from TD Bank showing that the applicant has over $6 million currently in the applicant’s bank account, and then we’ve provided statements showing funds in excess of $19 million for family members associated with Mr. Wasserstein who are working with him on this development.”
Vargas said she remained uneasy about the risk to the county if the project stalled during a market downturn, urging the developer to self-fund the cleanup rather than rely on incentives.
“Why do you need the money to do this? Just write the check and do it. Just do it,” she said. “Because if you don’t go through with it, I do not — I believe my fellow commissioners do not — want to be put in the position of chasing after money.”
Sznapstajler responded that the state tightly controls the brownfield tax credit process and that developers must meet strict requirements before receiving any incentives.
“The DEP is very protective of the $35 million in tax credits that they’re able to issue every year, and they will deny applications,” he said. “They regularly deny applications that are not in compliance with their statutes and regulations.”
Commissioner Edward Ciampi, who supported the designation, said the state’s oversight provides an added layer of accountability.
“It’s a state program. The state is going to come looking for their money back,” Ciampi said. “The state’s going to hold their feet to the fire to see if they do what they’re legally required to do.”
Sznapstajler also told commissioners that public involvement will be built into the cleanup process, noting that the brownfield program requires regular updates to a local advisory committee as remediation moves forward.
“It also establishes an advisory committee that we have to periodically update on the progress of the cleanup,” he said. “That is a specific requirement of the Brownfield program that actually requires locals who live either in the Brownfield area that’s been designated, or in the vicinity of the Brownfield area, to get periodic updates as the cleanup progresses and moves forward.”
Little discussion centered on the past fraud conviction of one individual connected to the development, though Ciampi acknowledged weighing the issue carefully before casting his vote.
“I thought about it thoughtfully on whether or not I would deny the entire project because of his history,” he said. “I won’t.”
Ciampi said his support ultimately came down to the long-term impact of leaving the contaminated site untreated.
“These are probably generational kind of issues that, if left untreated and taken care of, it’s dangerous for you all,” he said. “When you go to sell your own beautiful homes, you’re going to have to explain — or your realtor is going to have to explain — I think by law, I don’t think you can keep that a secret from potential buyers. So I think the sooner we get it cleaned up, the better.”
The property, a former flower nursery, has been identified as having soil contamination linked to pesticides, herbicides and other chemicals. Under the brownfield designation, the developer can now enter into a formal cleanup agreement with the Florida Department of Environmental Protection, a process that includes environmental testing, remediation and ongoing state oversight.
The board approved the designation by a 4-1 vote, with Vargas dissenting.