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Item Q04 Q.4 County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w � Holly Merrill Raschein,District 5 County Commission Meeting November 17, 2021 Agenda Item Number: Q.4 Agenda Item Summary #9926 BULK ITEM: No DEPARTMENT: County Administrator TIME APPROXIMATE: STAFF CONTACT: Roman Gastesi (305) 292-4441 10:00 A.M. AGENDA ITEM WORDING: Discussion and direction regarding potential transfer of ownership of Wisteria Island to the State of Florida and/or Monroe County for potential use as a County operated park. ITEM BACKGROUND: Wisteria Island is a spoilage island formed as a result of dredging activity by the U.S. Navy and is located just offshore from Key West. Ownership of the island has been the subject of litigation. A federal judge ruled in 2020 that the U.S. Government is the rightful owner; that ruling is still on appeal. The federal government manages the property through the U.S. Department of Interior's Bureau of Land Management(BLM). BLM officials have engaged in exploratory discussions with State and County officials about transferring ownership of the island to the State of Florida once the appeal of the ownership dispute has been resolved. State acquisition of the property would allow for improved public recreational use of the island. County staff was asked to prepare a white paper outlining the potential use of the island as a County operated park. That white paper is attached in the backup. This vision for the island includes enhancement and protection of native habitat areas, along with low impact development of a self- sustaining beach focused park, including concessions, ferry service, shore side facilities for a mooring field, and full time security. The purpose of this item is to introduce this proposal to the Board and the public. Federal and State officials have been invited to attend to help describe the transfer process and answer questions. PREVIOUS RELEVANT BOCC ACTION: 4/12/17, BOCC adopted resolution 118-2017 urging BLM to issue a nighttime closure of the island at the request of the Sheriff to better enable law enforcement to address unlawful activities on the island. CONTRACT/AGREEMENT CHANGES: n/a Packet Pg. 1391 Q.4 STAFF RECOMMENDATION: Direct staff to work with Federal and State officials to develop a plan for management of the island once ownership is transferred. DOCUMENTATION: WHITE PAPER - Wisteria Island Resolution 118-2017 PH Wisteria Island BOCC 4 12 17 FINANCIAL IMPACT: Effective Date: n/a Expiration Date: n/a Total Dollar Value of Contract: n/a Total Cost to County: TBD Current Year Portion: n/a Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: If the County eventually assumes operational control over the island for use as a park, there will be several future items to discuss the costs involved. n/a REVIEWED BY: Roman Gastesi Completed 11/02/2021 2:39 PM Bob Shillinger Completed 11/02/2021 4:04 PM Purchasing Skipped 11/02/2021 11:48 AM Budget and Finance Skipped 11/02/2021 11:48 AM Maria Slavik Skipped 11/02/2021 11:48 AM Liz Yongue Completed 11/02/2021 4:16 PM Board of County Commissioners Pending 11/17/2021 9:00 AM Packet Pg. 1392 QAa MONROE COUNTY ? j THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN ' ,: 'T�iE,FUTURE UF'1111,IST`ER1A ISL�N©' Wisteria Island is a 20-acre undeveloped spoil island located just west of the City of Key West. i t � 1}�vvVv�v�V k � Sr t \psis, w N II vision r the island includes enhancement and protection nativeLU i P along withlow impact developmentI ® park,sustaining beach focused including concessions, ferry service, Lu shoreside facilities for a mooring Lu field, and full time security. Monroe County is developing a strategy to improve the conditions on the island to meet the following goals: • Conservation of Natural Resources 0 Self-Sustaining Beach Park for Local • Environmental Cleanup & Protection Community and Visitors • Enhancement of Natural Areas 0Improved li y of Life for Live- Protection Community 0 Support of Affordable Live-Aboard Improved yHousingLions for Local Workforce L, I P a ",)' e Monroe Coun � y Oc � o r be r 20 " 1 Packet Pg. 1393 QAa Beach Park Operational Plan A County managed park, focused on the island's beach, will offer recreational amenities, as well as basic support facilities for live-aboard residents and on-site security. The park will be carefully planned and designed to include protected conservation/natural resource areas that will be allowed and encouraged to grow into healthy native habitat areas, improving the condition of the spoil island and providing educational opportunities as well. Fee-based services will support the costs of park management and maintenance. 1® Beach Park Concessions 2. ShoresideFacility/Mooring Field 3® Security • Umbrella & Chair rentals - Potential +/-70-slip mooring Full Time Law • Kayak & Paddleboard field north of Wisteria Island Enforcement rentals - Dinghy dockage Security • Hobie Cat rentals - Harbor Master Office 24/7 substation • Events with deputies/ • Restaurant/flood - Restrooms/Showers FWC flaking shifts beverages Ferry Service to KeyWest { ,r Mk k Native Habitat w 0. Although an updated ass ssM ni.. of curreni.. habitat pros ni.. on .the island has nor yet been cone uctw;,c , r ,vi pus c nc lysis sip w ,c ii i k c r r�inated by exotic and disturbed u.pland Lu cor r Munihes, with some disturbed wetlands and disturbed mangroves, County iMprove.ment to the island would require exotic vegeration removal, and would provide=:, enhancw.ment and protection of any existing native=:, habitat through design and layout � of the.=:, island that focuses active.=:, parr uses to the.=:, disturbed and scarified areas of the.=:, island. This provides the opportunity to not just prorect, but improve the qualify of native habitat on the.=:, island. � Current Regulatory Status and Necessary Actions To allow the uses outlined in the vision presented above, the island would need amendments to its Future Land Use, Zoning, and Tier maps to either establish or change its current designations. Such amendments take approximately one year to process on a typical timeline. The proposed Beach Park would be further evaluated and designed to be in compliance with all requirements of the Monroe County Comprehensive Plan and Land Development Code, including policies regarding use of county funding on offshore islands. 001 Packet Pg. 1394 I p`0-1 couft4 `� 0. Kevin Madok, CPA ' Clerk of the Circuit Court&Comptroller—Monroe County,Florida R�CoVN. April 20, 2017 Bureau of Land Management %Sally Spencer, Acting District Manager Southeastern States District Office 273 Market Street Flowood MS 39232 Dear Ms. Spencer, Attached is a certified copy of Resolution No. 118-2017 requesting the United States' , Bureau of Land Management to issue a partial closure order for Wisteria Island in order to enable local law enforcement officials to better address ongoing issues that threaten the health, safety,and welfare of the community; and providing for an effective date. N The Resolution was adopted by the Monroe County Board of County Commissioners, at a regular meeting held in formal session, on April 12, 2017. Should you have any questions, please feel free to contact me at (305) 295-3130. Respectfully Submitted, y Kevin Madok, CPA, Clerk of the Circuit Court and ex-officio to the Monroe County Board of County Commissioners co By: Pamela G. Hancock, D.C. e 6 cc: File KEYWEST OFFICE MARATHON PLANTATION KEY PKIROTH OFFICE 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway KeyWest,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Packet Pg. 1395 RESOLUTION NO. 118 - 2017 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA REQUESTING THE UNITED STATES' BUREAU OF LAND MANAGEMENT TO ISSUE A PARTIAL CLOSURE ORDER FOR WISTERIA ISLAND IN ORDER TO ENABLE LOCAL u LAW ENFORCEMENT OFFICIALS TO BETTER ADDRESS ONGOING ISSUES THAT THREATEN THE HEALTH, SAFETY, AND WELFARE OF THE LOCAL COMMUNITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Wisteria Island is a manmade spoil island located within the unincorporated portion of Monroe County, Florida; and WHEREAS, there is a dispute over ownership of Wisteria Island between the United States' government and the F.E.B. Corporation, a for profit Florida corporation; and _ WHEREAS, that ownership dispute remains unresolved as a result of the 11`h Circuit W Court of Appeals decision in F.E.B. Corp. v. United States, 818 F.3d 681 (11`h Cir. 2016); and N WHEREAS, the U.S. Bureau of Land Management (BLM) is the agency charged with managing the island for the federal government; and WHEREAS, the unresolved ownership dispute has had the unintended consequence of allowing squatters to take up residence on Wisteria Island; and y WHEREAS, the Commission has been presented with information from the Sheriff of i c� Monroe County and others which indicates that the current conditions on Wisteria Island caused by at least some of those squatters constitute a threat to the health, safety, and welfare of the CL environment of the island itself and its nearby waters, as well as to those residents of and visitors co cv to Monroe County who might otherwise like to engage in lawful recreational activities on the island; and WHEREAS, that information includes reports of- a) makeshifts camps intended for long term habitation without adequate sanitation facilities; b) illegal drug activity including marijuana cultivation; c) illegal dumping in amounts that exceed the felony dumping threshold; d) sharp debris such as discarded needles and broken glass, which present a safety hazard to those walking on the island; Pagel of 3 Packet Pg. 1396 WHEREAS, the BLM's normal protocol is to promote public use of federal lands unless circumstances exist which demonstrate a need to restrict public access; and WHEREAS, Board finds that the lawless conditions currently existing on Wisteria Island not only negatively impact the health, safety, and welfare of the natural resources on the island but, in reality, those same conditions serve to actively discourage many residents of and visitors to Monroe County from engaging in lawful recreational activities on the island; and WHEREAS, the Sheriff has advised that creating reasonable rules regarding appropriate use and public access to Wisteria Island would better enable his deputies and other law enforcement officers to remedy the current unlawful activity taking place on the island; and WHEREAS, F.E.B. Corp., the other putative owner of Wisteria Island, has requested the assistance of law enforcement and other local agencies in remedying the current unlawful activity on the island; and N WHEREAS, by adopting this resolution, the County Commission takes no position on whether Wisteria Island is owned by F.E.B. Corp. or the U.S. government; and WHEREAS, this resolution should be interpreted as nothing more than recognition of one of the consequences of the title dispute over Wisteria Island but in no way a determination y by the Board on which putative owner actually owns the island; , NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CL COMMISSIONERS OF MONROE COUNTY, FLORIDA: N- N Section1. The U.S. Bureau of Land Management is respectfully requested to issue aco partial closure order for Wisteria Island that would close the island between the hours of 5 p.m. and 8 a.m.. c 0 Section2. This resolution shall take immediate effect upon its adoption. a Section 3. The Clerk is directed to send a certified copy of this resolution to the Bureau of Land Management c/o: Sally Spencer, Acting District Manager, Page 2 of 3 Packet Pg. 1397 Southeastern States District Office, Bureau of Land Management, 273 Market Street, Flowood, MS 39232. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the 121h day of April, 2017 in Marathon, Florida. Mayor George Neugent Yes Mayor Pro Tem David Rice Yes Commissioner Danny Kolhage Yes Commissioner Heather Carruthers Yes Commissioner Sylvia Murphy Yes •lr BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA s ° adok, Clerk By: By: .tom., Deputy Clerk 'Mayor CL c, c� MONROE COUNTY ATTORNEY a" VED TO FORM: N ROBERT 8.SHILUNOER,JR. �F v Tyr_ C' L..3 C_ LL CV CL- C c: �- C"i ��c Page 3 of 3 Packet Pg. 1398 ki F.E.B.CORP. 5700 Fourth Avenue Stock Island Key West,Florida 33040 November 16,2021 VIA ELECTRONIC MAIL rramsay@keysso.net • Sheriff Rick Ramsay. Monroe County Sheriffs Office 5525 College Road Key West,Florida 33040 • Re: Christmas Tree Island—a/k/a Wisteria Island("Wisteria") Dear Sheriff Ramsay: I am an officer of F.E.B. Corp. ("FEB") is a party in litigation concerning the ownership of Wisteria Island. At this point in the case, the Federal District Court has decided that Wisteria is owned by the United States. FEB has appealed this decision to the 11t"Circuit Court of Appeals. Oral'arguments in this appeal are scheduled to be heard in March,2022. As a party to the litigation over ownership of Wisteria, which ownership has not been finally resolved, FEB consents to and requests that your office enforce all applicable laws relating to trespassing, the unauthorized use of Wisteria and regarding any unlawful acts that might be occurring at Wisteria. We request that you take action to protect private and public interests relating to Wisteria. Yours truly, F.E.B. CORP. By: R ger .Bernstein Pres' nt QLt