Individual Items ITEM 2 by gox16621

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									ITEM 2:

REQUEST: Consideration and approval of February 14 and 15, 2008 meeting summaries.

DSL Staff Remarks: None.

DSL Staff Recommendation: Approve February 14 and 15, 2008 meeting summaries.

ARC RECOMMENDATIONS:

(   ) APPROVE
(   ) APPROVE WITH MODIFICATIONS: ___________________________________________
(   ) DEFER
(   ) WITHDRAW
(   ) NOT APPROVE
(   ) OTHER: _________________________________________________________________
ARC Public Hearing February 14, 2008 in Conference Room A of the
Douglas Building, beginning at 9:00 A.M.

In attendance: Mr. Mike Wisenbaker, Historical Resources; Ms. Vickie Larson, Citizen
Member; Mr. John Browne, Forestry; Mr. Albert Gregory, Recreation and Parks; Mr. Lane
Green, Vice-Chair and Citizen Member; Mr. Gary Cochran, Fish and Wildlife Conservation
Commission; Ms. Chris Klena, Citizen Member; Mr. Grant Gelhardt, Community Affairs

Item 1: Announcements
-No court reporter
-Tall Timber 50 year anniversary
-Item 12 withdrawn
-FCT Grant Cycle open

Item 2: December 13 and 14, 2007 meeting summaries

Mr. Grant Gelhardt moved approval of the summaries, to be placed on the consent agenda.
The motion was seconded and unanimously approved.

Item 3: Two new proposals considered.
The Ayavalla Plantation presentation was made by Dr. Richard Hilsenbeck, TNC
Mr. Phipps, landowner of Ayavalla, spoke in favor of the proposal.

The Falcon Woods presentation was made by Mr. Richard Stillwagon, Brevard County.
Ms. Lisa Smith and Ms. Arlynn Baker spoke in favor of the proposal.

Item 4: First vote on new proposals: For February 15 only

Item 5: Lake Talquin State Park 10 year management plan update

Mr. Lew Scruggs and Ms. Tova Specter and Brian Burkett were there to present the plan.
Two new resource maps were included in this plan. The first will be standard in all DRP
plans and will identify the current character of ruderal (disturbed) lands. The second will
appear in some plans and will identify the desired future conditions of these areas. The map
that showed the site of the cabins was of a scale that did not make it clear that the cabins
would be sited above, not within the slope forest. A correction had been made to the map to
show the slope as part of the park’s protected zone. The road to the park (Jack Vause Road)
will not accommodate an RV and they don’t want to put a facility in the park that an RV
can’t use, so the development of the park with cabins is conceptual rather than impending.
The adjacent state forest tends to have more primitive camping; the DRP was looking to the
next level of demand with the concept of cabins...

The concerns about development in the slope forest, or ravines, that FNAI had raised earlier
were allayed in the discussion.
There was discussion of overlaying the ruderal and natural communities maps and the
desired future conditions map with the future facilities plans to clearly show which areas are
planned for ecological restoration and which are planned to be developed. The map should
have a caveat that the siting of the facility is conceptual. The DRP said they would consider
doing that.
Mr. Browne moved that the plan be approved and placed on the consent agenda. The motion
was seconded and unanimously approved.

Item 6: Land exchange of 116.1 acres managed by the FWC for 116.4 acres owned by
the City of Lakeland.

FWC spoke in support of this exchange.

Mr. Bill Tinsley gave a presentation on the proposal, highlighting the benefits to
management by both the city and FWC, and providing a master plan of the park after the
exchange takes place.

Ms. Chris Klena made the motion to place the item to the consent agenda. The motion was
seconded and unanimously approved.

Item 7: Ensure that private access and utility easement within Blackwater River State
Forest (0.17 acres) is in compliance with the Board of Trustees’ Incompatible Use of
Natural Resources Land Policy.

Toni Casey requested this easement.

Mr. Grant Gelhardt made the motion to place this item on the consent agenda, with the
additional requirement of the smoke easement, if appropriate. The motion was seconded and
unanimously approved.

Item 8: Ensure that private access and utility easement within Blackwater River State
Forest (0.03 acres) is in compliance with the Board of Trustees’ Incompatible Use of
Natural Resources Land Policy.

This was requested by Federal Home Loan.

Mr. Grant Gelhardt made the motion to place this item on the consent agenda, with the
additional requirement of the smoke easement, if appropriate. The motion was seconded and
unanimously approved.

Item 9: Ensure that private access and utility easement within Pine Log State Forest,
(.07 acres) is in compliance with the Board of Trustees’ Incompatible Use of Natural
Resources Land Policy.

This was requested by Ms. Barbara Moore.
Mr. Grant Gelhardt made the motion to place this item on the consent agenda, with the
additional requirement of the smoke easement, if appropriate. The motion was seconded and
unanimously approved.

Item 10: Ensure that a 50-year access and utility easement for school purposes only
(0.62 acres +) within Point Washington State Forest is in compliance with the Board of
Trustees’ Incompatible Use Policy.

Mr. Gelhardt made the motion to place this item on the consent agenda, with the additional
requirement of the smoke easement, if appropriate. The motion was seconded and
unanimously approved.
Item 11: Ensure that the following easements within Etoniah Creek State Forest are in
compliance with the Board of Trustees’ Incompatible Use of Natural Resource Lands
Policy: (1) private access easement to Robert and Tangerine Smith; and (2) utility
easement to Clay Electric Cooperative, Inc., for utilities to the Smith’s residence.
(Following description provided by Ms. Diane Rogowski, BPLA, reviewed by Bureau Chief
Scott Woolam, and edited by Paula L. Allen.))

Jim Farr presented the item stating the request before the Board today was to ensure that a
private access easement to Robert & Tangerine Smith and a private utility easement to Clay
Electric within Etoniah Creek State Forest are both in compliance with the Board of
Trustees’ Incompatible Use Policy. The easement area is for 1.44 acres with the utility
easement being 20 feet in width and the access easement following the same route. Clay
Electric has requested a separate easement for the utilities. The statutory way of necessity
appears to apply as the Smiths’ property is bounded on three sides by the state forest and a
FP&L easement in the upper northeast corner. Mr. Farr recognized Mr. Smith as being
present and wanting to speak on his project.

Mr. Smith gave a lengthy history of his project, and he mentioned the 2004 Settlement
Agreement which addresses a boundary settlement dispute between Mr. Smith and the Board
of Trustees (BOT). He maintained he has a prescriptive easement right over an existing
forest road to his property. He thought that once he deeded the property, per the Settlement,
to the BOT, he would be giving up his rights for access. He also addressed the issue of clear-
cutting DOF’s lease area, he said that DOF personnel coordinated with the local county jail
work crews to cut the “trash pines” in the area and all he did was take his small tractor and
continue clearing the brush to make a path. He mentioned that the DOF had cut some of the
trees on his property at an earlier time. He stated that he could not pay the net positive
benefit (NPB) amount of $19,440 which he said he could not pay. He was disabled, on a
limited income, was a retired state employee with 30+ years of government employment and
was a good land steward. He showed the Council members photographs of his residence and
evidence the land was clear cut. He emphasized again he could not pay that amount. He said
he needed the Board’s understanding and help. He said he had been working on getting his
electricity hooked up for a long time, and he was running on a generator at the present time.
Mr. Scott Woolam, Chief, BPLA, addressed the Council. He explained the quitclaim deeds
have never been exchanged per the Settlement Agreement. He also explained that the only
difference between Mr. Smith’s NPB amount and any other applicant’s amount was that Mr.
Smith knowingly clear-cut BOT property in the forest without prior authorization. Routine
cases that qualify for statutory way of necessity are assessed a minimum of $500 as the NPB
amount. Mr. Woolam cited similar cases on submerged lands projects where an applicant
knowingly fills state-owned land without authorization and the penalty is 3x. The 3x rate
was applied in Smith’s case. The raw acreage value in the area, per Bureau of Appraisal
staff, was between $4,000 and $5,000 per acre. The average ($4,500) was applied to 1.44
acres for the easement area and multiplied by 3, arriving at $19,440.

Mr. Mark Miller, DEP Office of General Counsel, said it had not been fully determined that
this was truly a case of statutory way of necessity; that could only be determined in a court of
law.

Following Mr. Smith’s comments, Ms.Larson discussed moving the item forward with
direction to staff to re-evaluate the NPB amount. Mr. Browne suggested staff include the
easement description in the quitclaim legal description as part of the Settlement. Ms. Larson
thought that the easement area might be included in the quitclaim deed exchange. Mr.
Gelhardt discussed deferring the item until the April meeting. Mr. Cochran suggested tabling
the item until an agreement could be reached. Mr. Woolam reminded Council that staff had
planned to defer the item; however Mr. Smith requested to be heard at this meeting. Smith
interjected that he desperately needed utilities now. Council member Gregory asked Mr.
Woolam what he proposed as the best alternative. Woolam discussed possibly granting the
utility easement and deferring granting the access. Council Chairman Lane asked why Clay
Electric was not at the meeting.

Ms. Diane Rogowski, BPLA, explained that when Mr. Smith requested that the easement be
considered on this agenda, she had informed Clay Electric per voice mail. As of the hearing
date, they had not responded. She explained that the NPB amount must be paid regardless,
even for utilities. Even though the proposed route was a continuation of an existing overhead
utility line, since the utility easement was solely for Smith’s private residence, he was
required to pay all fees associated with it.

ARC voted for item to be moved forward, not on the consent agenda, but for discussion
purposes, with direction to staff to re-evaluate the NPB amount. There were 4 votes in favor
of working together towards another solution for Friday, and 3 votes in favor of deferring
until April’s ARC meeting. The three deferral votes were Cochran, Gelhardt, and Browne.
OES staff Jim Farr reminded Council that 6 yes votes would be needed for approval of the
item on Friday.

Item 12: Discussion: For February 15 only.

Item 13: Information item – No action needed.

Mr. Farr noted that the management plan for Grassy Key, Cocoplum, and miscellaneous lots along
US 1 in the city of Marathon had been approved since the December meeting, as had a minor
amendment to the Withlacoochee State Forest management plan allowing for the building of a pole
barn on site.

Item 14: General public comment period.
No speakers.
Meeting Minutes for ARC Meeting, February 15, 2008 in Conference Room A of the
Douglas Building, beginning at 9:00 A.M.

In attendance: Mr. Fred Gaske, Historical Resources; Ms. Vickie Larson, Citizen
Member; Mr. Mike Long, Forestry; Mr. Bob Ballard, Deputy Secretary, DEP Lands and
Recreation; Mr. Lane Green, Vice-Chair and Citizen Member; Mr. Gary Cochran, Fish
and Wildlife Conservation Commission; Ms. Chris Klena, Citizen Member; Mr. Grant
Gelhardt, Community Affairs

Item 1: Announcements
St. Lucie County had provided packets for distribution to the members for Item 12, which
had been deferred on the agenda.

The following items were on the consent agenda: Item 2 (December 13 and 14, 2007
meeting summaries); Item 5 (Lake Talquin State Park 10 year management plan update);
Item 6 (Land exchange of 116.1 acres managed by the FWC for 116.4 acres owned by the
City of Lakeland); Item 7 (Ensure that private access and utility easement within
Blackwater River State Forest (0.17 acres) is in compliance with the Board of Trustees’
Incompatible Use of Natural Resources Land Policy); Item 8 (Ensure that private access
and utility easement within Blackwater River State Forest (0.03 acres) is in compliance
with the Board of Trustees’ Incompatible Use of Natural Resources Land Policy); Item 9
(Ensure that private access and utility easement within Pine Log State Forest, (.07 acres)
is in compliance with the Board of Trustees’ Incompatible Use of Natural Resources
Land Policy); Item 10 (Ensure that a 50-year access and utility easement for school
purposes only (0.62 acres +) within Point Washington State Forest is in compliance with
the Board of Trustees’ Incompatible Use Policy)

Ms. Klena made a motion to approve the consent agenda. It was seconded and
unanimously approved.

Item 4: First vote on new proposals: For February 15 only

Both Ayavalla Plantation and Falcon Woods Florida Forever proposals were
unanimously approved on a roll call vote to proceed to the next step of the Florida
Forever evaluation process. There was brief discussion about when and how to add
Falcon Woods to an existing Florida Forever project. Mr. Farr said that could be done at
the last vote, if that was the recommendation of the members. Under the new rules, it had
to be taken as a separate new proposal.

Item 11: Ensure that the following easements within Etoniah Creek State Forest are
in compliance with the Board of Trustees’ Incompatible Use of Natural Resource
Lands Policy: (1) private access easement to Robert and Tangerine Smith; and (2)
utility easement to Clay Electric Cooperative, Inc., for utilities to the Smith’s
residence. (Following description provided by Ms. Diane Rogowski, BPLA, reviewed by
Bureau Chief Scott Woolam, and edited by Paula L. Allen.)

After the consent agenda, Item 11 was taken up. Mr. Scott Woolam, Chief, BPLA,
addressed ARC and read the changes to the item. A consideration section was added
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which stated, “Mr. Smith has agreed to pay the appraisal cost and the appraised value for
the access and utility easements. In addition, Mr. Smith will provide $1,500 for in-kind
services for the management of the forest as a net positive benefit.” Also in the net
positive benefit (NPB) section it states, “Mr. Smith will provide $1,500 as additional
compensation for in-kind management services and/or equipment to facilitate forest
management. Additionally, simultaneously with the execution of the access easement,
Mr. Smith will exchange quitclaim deeds with the Board of Trustees per the 2004
Settlement Agreement.”

Mr. Woolam explained this new language was not in response to Mr. Smith’s statement
that the fee was too high. The revision of the language and the fee resulted from
reevaluation of the facts, as recommended by ARC. This revision facilitated clearing up
an old Settlement Agreement through the exchange of the quitclaim deeds as well as
assessing Mr. Smith 3x the $500 minimal NPB fee for the unauthorized cutting.

Ms. Klena moved approval of the item as amended. The motion was seconded, and the
item was unanimously approved.

Item 12: Discussion: For February 15 only.

Ms. Deborah Poppell explained to the ARC that of the top 21 projects, 12 were being
incorporated into the workplan. The other 9 could not be incorporated due to owner
willingness to sell and other factors. Additional purchases that were already underway
but not on the top 21 list would be completed. The process of acquisition was dynamic
and the council would be kept apprised of progress on the work plan at each meeting.

Mr. Dan Tonsmeire, Apalachicola Riverkeepers representative, thanked the ARC for
their place in the top 21, recognized that there were funding constraints that Florida
Forever was facing, and informed them that the Riverkeepers would be working with
TNC and TPL to prioritize projects within the Apalachicola ecosystem.

Mr. Long, the DOF member, urged the staff to work to come up with a process to deal
with easements across state property in such a way that crossing state lands was
absolutely the last choice. It should not be an easy answer.

Mr. Farr noted that they would be putting this issue on the April agenda and getting
recommendations on how to deal with really small, logical sorts of easements through
delegation. He assured the members that even if there was a delegation, there would be
no way that an easement could be granted across property they manage without that
agency’s consent.

Item 13: Information item –

No discussion.

Meeting adjourned at 9:15 a.m.



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