Document Sample
                                    MAY 25, 2010
          Attachments to the items below can be viewed at the following link:


Item 1 Minutes

Submittal of the Minutes from the March 23, 2010 Cabinet Meeting.

(See Attachment 1, Pages 1-8)



Item 2 McGee/Board of Trustees Boundary Agreement/Quitclaim Deed/Division of
       Recreation and Parks/Mound Key Archaeological State Park

REQUEST: Consideration of approval for (1) a boundary line agreement between the Board of
Trustees and G. Ted McGee, John T. McGee, and D. Todd McGee, as Co-Trustees of that certain
Land Trust Agreement, dated August 29, 2000; and (2) a quitclaim deed from the Board of
Trustees to G. Ted McGee, John T. McGee, and D. Todd McGee, as Co-Trustees of that certain
Land Trust Agreement, dated August 29, 2000.


APPLICANTS: G. Ted McGee, John T. McGee, and D. Todd McGee, as Co-Trustees of that
certain Land Trust Agreement, dated August 29, 2000 (McGees); and the Department of
Environmental Protection's (DEP) Division of Recreation and Parks (DRP)

LOCATION: Mound Key Archaeological State Park (State Park)
          Section 36, Township 46 South, Range 24 East and
          Section 01, Township 47 South, Range 24 East

Mound Key is an island located in Estero Bay, Lee County, Florida. The Mound Key project
was part of DRP’s State Parks Additions and Inholdings Preservation 2000 Program. When the
State Park property was acquired, a survey waiver was approved by the Board of Trustees.
Currently, the State Park contains one out parcel with an ambiguous boundary line. This
approximate 9.04-acre parcel is owned by McGees. The Board of Trustees owns the remainder
of Mound Key, consisting of approximately 119.95 acres.

Descriptions of old parcels on the island are based upon a government marker set along the
eastern shoreline of the island in 1889 by a General Land Office Deputy Surveyor. This marker
is no longer in existence, and there is no local survey control to establish the deed lines. Since
the State Park covers the entire island, with the exception of the McGees parcel, the cost to
survey the boundary by conventional methods would far outweigh the benefits derived.
                                                              Board of Trustees
                                                              Agenda - May 25, 2010
                                                              Page Two


Item 2, cont.

Since February of 2009 there have been several meetings between McGees, DRP, and DEP’s
contract surveyor to establish a boundary line agreeable to both parties. As a result of these
meetings, a survey was prepared depicting the agreed upon boundary lines. The survey has been
approved by DEP’s Bureau of Survey and Mapping, and it closely mirrors the description
contained in a 1914 deed to the property.

McGees and DRP, as manager of the State Park, are requesting a boundary line agreement be
executed by McGees and the Board of Trustees to establish the property boundaries for State
Park management purposes. McGees have been raising and breeding meat goats on the parcel
and have erected a six-foot high, metal fence around much of the property to contain the goats.
Currently, on arrival to the island, goats are being herded from the State Park unimproved
landing located on the northwest side of the island, across State Park property, to a gate at the
southeast corner of the McGees parcel, for a distance of approximately 2,000 feet. McGees
applied for a single-family dock permit at the south end of their parcel with DEP’s South District
office on October 7, 2009, and this permit is currently pending (Application No. 36-0296236-
002). The private dock requested in the permit would enable McGees to herd the goats to and
from the island through its property. Additionally, the apparent north line of the McGees parcel
encompasses a portion of a hiking trail that bisects the island. The boundary line agreement
would allow the trail to remain in place and avoid its relocation.

After execution of the boundary line agreement, the Board of Trustees will execute a quitclaim
deed to McGees, and McGees will execute a quitclaim deed to the Board of Trustees which will
help establish clear title to both properties.

Acquisition and Restoration Council (ARC)
It has been determined by DEP that ARC review is not necessary since the proposed action is
merely an equitable resolution of a boundary/possession line issue which will improve
management of State Park resources.

Pursuant to section 253.115, F.S., noticing is not required since the Board of Trustees is the sole
owner of all land lying within 500 feet of the proposed boundary line agreement.

Comprehensive Plan
A consideration of the status of local government comprehensive plans was not made for this
item. DEP has determined that the boundary line agreement and quitclaim deed are not subject
to the local government planning process.

(See Attachment 2, Pages 1-21)

                                                              Board of Trustees
                                                              Agenda - May 25, 2010
                                                              Page Three


Item 3 City of Titusville Recommended Consolidated Intent/Lease/Mooring Field

REQUEST: Consideration of an application for a 25-year sovereignty submerged lands lease
containing 5,554,212 square feet (127.5 acres), more or less, for a proposed 119-buoy managed,
municipal mooring field.

APPLICANT: City of Titusville (City)
           Lease No. 050346023
           Application No. 05-133284-015

LOCATION: 451 Marina Road
          Titusville, Brevard County
          Section 34, Township 21 South, Range 35 East
          Aquatic Preserve: No
          Waterbody/Classification: Indian River, Class III, not approved for shellfish
          Designated Manatee County: Yes, with an approved manatee protection plan
          Manatee Aggregation Area: No
          Manatee Protection Speed Zone: slow speed year-round

CONSIDERATION: The project qualifies for a waiver of lease fees pursuant to section 18-
21.011(1)(b)7, F.A.C., which states that fees shall be waived for government entities that are
either not-for-profit or non-profit uses when the revenues are used for operation and maintenance
of the structure and the activity is consistent with the public purposes of the City organization
and is not an adjunct to a commercial endeavor.

STAFF REMARKS: In accordance with rules adopted pursuant to sections 373.427(2) and
253.77(2), F.S., the attached "Recommended Consolidated Notice" contains a recommendation
for issuance of both the permit required under part IV of chapter 373, F.S., and the authorization
to use sovereignty submerged lands under chapter 253, F.S. The Board of Trustees is requested
to act on those aspects of the activity that require authorization to use sovereignty submerged

Project Detail
The City is requesting authorization for a proposed 5,554,212-square-foot (127.5 acres) mooring
field consisting of two lease areas: (1) Northern Titusville Municipal Mooring Field with
2,018,177 square feet (46.33 acres); and (2) Southern Titusville Municipal Mooring Field with
3,536,035 square feet (81.18 acres).

The north mooring area will provide mooring buoys for 41 vessels up to 60 feet long. The south
mooring area will provide mooring buoys for 78 vessels up to 60 feet long. The mooring buoy
structures will consist of a helical anchoring screw with suspended tethering chain, affixed to a
24-inch mooring buoy.
                                                              Board of Trustees
                                                              Agenda - May 25, 2010
                                                              Page Four


Item 3, cont.

The mooring field will be open to the public on a first-come, first-serve basis as defined in
section 18-21.003(27), F.A.C. This requirement has been included as a special lease condition.
Although vessel traffic in the mooring field is anticipated to be primarily by mooring field
occupants, passage within and through the mooring area will be open to the general public, and
passage by non-mooring field occupants will not be prohibited or restricted.

The mooring field will accommodate liveaboard vessels. A liveaboard is defined in sovereignty
submerged land leases as “a vessel docked at the facility and inhabited by a person or persons for
any five consecutive days or a total of ten days within a 30 day period. If liveaboards are
authorized, in no event shall such liveaboard status exceed six months within a 12 month period,
nor shall any such vessel constitute a legal or primary residence.” The City understands this
requirement and has agreed to comply with this requirement which will be reflected as a standard
condition in the lease.

The City’s municipal marina will provide dockmaster facilities/amenities for mooring field
occupants, which include: a dinghy dock; fueling facilities; convenient sewage pumpout
facilities; laundry facilities; restroom and shower facilities; and waste receptacles. The City
marina is subject to Sovereignty Submerged Lands Lease No. 050388959. The City’s marina
lease was most recently renewed and modified by the Department of Environmental Protection
(DEP), under delegation of authority, on July 3, 2009.

Unregulated mooring within the project area can potentially lead to a number of problems
including: (1) damage to submerged resources, particularly seagrass beds, via anchor dragging
and chain scarring; (2) navigational hazards from vessels at anchor colliding with one another;
(3) abandoned and derelict vessels; and (4) uncontrolled discharge of waste. The proposed
mooring field is expected to address and eliminate these issues within the mooring field
boundaries through the implementation of the City’s Mooring Field Management Plan and
specific permit and lease conditions.

Seagrass Areas
The City originally proposed to install 232 mooring buoys in the proposed mooring field, with
approximately 103 buoys located over adjacent seagrass areas. The City modified its plan to
eliminate impacts to resources by reducing the number of proposed buoys, and by shifting the
footprint east, to avoid mooring over seagrasses. No moorings over seagrasses are proposed with
this project. The seagrass areas will be included in the City’s proposed mooring field lease
boundary and will be controlled under the proposed lease and incorporated mooring field
management plan.

The City will install in-water uniform waterway markers to demarcate and protect seagrasses
within the mooring field area. The signage will conform to the Florida Fish and Wildlife
Conservation Commission’s (FWC) uniform marker requirements pursuant to rule 68D-23,
F.A.C., and will be authorized under FWC’s Permit No. 09-028, file 0909-0705-028BS.
                                                               Board of Trustees
                                                               Agenda - May 25, 2010
                                                               Page Five


Item 3, cont.

The seagrass areas will be maintained in an un-impacted natural state to provide control baseline
data for a potential mooring pilot study, in coordination with the City, FWC, and other relevant
agencies, which would provide key information on the effects of mooring fields on submerged
resources. The City would need to apply for a regulatory authorization and lease modification
for the mooring pilot study.

Mooring Field Management Plan (Plan)
The City has submitted a Plan that provides background information, design, operational rules
and procedures, and objectives for the City’s oversight and management of the entire mooring
field via the City’s dockmaster. A special lease condition will incorporate the Plan into the lease.

The Plan will require the City to: (1) enforce the provisions of the sovereignty submerged lands
lease and any permits granted; (2) provide administration for the operation, maintenance, safety,
and security of the mooring field and shore side amenities (dockmaster facilities); (3) assign
moorings; (4) prepare records and reports as they relate to management of the mooring field; (5)
maintain the mooring field and dockmaster facilities; and (6) ensure that all mooring field
patrons execute a mooring license agreement during normal business hours, or for those vessels
arriving after normal business hours, at the start of business the following day. This license
agreement will bind the users to the rules and regulations as provided in the Plan. Only
authorized and operational vessels, those capable of maneuvering under their own power, and
those in compliance with the United States Coast Guard regulations and safety standards will be
allowed to utilize the mooring field slips. Daily patrols and a daily vessel inventory by City
marina staff will assist in ensuring compliance with the Plan.

Upon utilizing the mooring field buoys, all vessel operators will be required to empty their
sewage holding tanks into the sewage pumpout facility located at the City marina or into the
City’s sewage pumpout vessel, and all Y-valves shall be locked or sealed in the non-overboard
position. No pumping of sewage in any area within the mooring field will be allowed, except at
the City’s sewage pumpout facility at the City Marina, or into the City’s sewage pumpout
vessels. Major repairs or refitting of vessels, including any activity that could result in a
deposition of materials into the waterway, will be strictly prohibited.

As a result of the restrictions placed on the mooring field through the specific permit conditions,
the Plan, and lease conditions, the mooring field is anticipated to help alleviate repetitive anchor
scarring and the discharge of sewage or other contaminants, thereby protecting sovereignty
submerged land resources in the leased area.

Pursuant to section 253.115, F.S., the proposed project was specifically noticed to property
owners within 500 feet of the proposed project area. Five property owners were noticed and no
objections were received.
                                                              Board of Trustees
                                                              Agenda - May 25, 2010
                                                              Page Six


Item 3, cont.

Permit Summary
DEP’s environmental resource permit authorizes liveaboards. Sewage pumpout facilities and
fueling facilities will be provided by the City at its municipal marina. The City will also provide
a sewage pumpout vessel for the mooring field occupants.

Commenting Agency
The recommendations of FWC regarding the protection of manatees have been addressed as
specific conditions in the permit and/or special lease conditions. Brevard County is a designated
manatee county with an adopted manatee protection plan (MPP). The proposed project is
consistent with the MPP according to FWC.

Comprehensive Plan
Section 163.3194(3)(b), F.S., in summary, states that a local development approved or
undertaken by a local government shall be consistent with the comprehensive plan if it meets all
criteria of the plan and all other criteria enumerated by the local government. The proposed
action is consistent with the adopted plan according to a letter received from The City of

(See Attachment 3, Pages 1-40)