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Item P02
P2 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting February 19, 2025 Agenda Item Number: P2 2023-3585 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger n/a AGENDA ITEM WORDING: Discussion and direction regarding whether the County should submit an application under the federal Recreation and Public Purposes Act to acquire Wisteria Island and the surrounding submerged lands from the Federal Government. ITEM BACKGROUND: This is a follow up discussion on the opportunity to submit an application to the Federal government for the County to obtain control over Wisteria Island. In January of 2025, officials with the U.S. Department of Interior and its Bureau of Land Management (BLM)re-engaged with the County Attorney to encourage the County to file an application with BLM to acquire control over Wisteria Island under the Recreation and Public Purposes Act. That outreach follows a period of inactivity following the Board's unanimous vote in November of 2021 for County staff to work with BLM, the Sheriff, the City of Key West, and FWC to start the process of submitting an application to transfer control over the island from the Federal government to the County. The November 2021 discussion can be viewed by clicking on this link: https://youtu.be/yFulFrXQneM That process was paused after the appellate court remanded the case in 2022 for a trial over to determine whether the U.S. government or F.E.B. Corp. owns the island. In May of 2024, the U.S. District Court for the Southern District of Florida ruled after a bench trial that title to the island is vested in the U.S. government and that "F.E.B. Corp. holds no ownership interest" in Wisteria Island and the surrounding submerged lands. That trial was held following an appellate court's decision which asked the trial court to determine if the facts established that the U.S. government owned the Wisteria Island. The trial court ruled that the facts, in addition to the law, establishes the U.S. government's ownership of Wisteria Island. This latest ruling in the favor of the Federal government is the third victory at the trial court level for the United States in the twelve plus year old legal dispute. F.E.B. Corp. has appealed its most recent loss. However, because that loss followed a bench trial- where the federal judge made findings of fact, F.E.B. Corp. must convince the appellate court that the trial judge was "clearly erroneous" in his factual rulings and/or wrong on the application of the law. 4219 Under 11 th Circuit precedent, a factual finding is clearly erroneous when the reviewing court is left with the definite and firm conviction that a mistake has been committed. This is an extremely difficult standard for any appellant to meet. The parcel in dispute totals 39 acres of property of which approximately 17 acres is submerged and 22 acres is the upland known as Wisteria Island. The island is a spoilage island formed as a result of dredging activity by the U.S. Navy and is located offshore,just outside of the official city limits of Key West. The federal government manages the property through the U.S. Department of Interior's Bureau of Land Management (BLM). Acquisition of Wisteria Island would allow for improved public recreational use of the island. In 2021, 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. Under the federal Recreation and Public Purposes Act, BLM can convey the property to the County at no cost if the land will be put to public recreational use provided that the recipient commits to: 1) nondiscrimination based upon race, creed, color, sex, age or national origin; 2) developing a management plan to develop and manage the lands in accordance with an approved plan; and 3) to make no more than reasonable charge for the use of the facilities on the land(whether by concession or otherwise) and to charge no more for entrance than in charge at comparable other installations managed by State and local agencies, subject to review by the Secretary of Interior. The land patent(a type of limited deed) would contain a reverter clause which would be triggered if the County were to try to convey the land to a third party or violate any of the agreed upon restrictions. Alternatively, even though the island is located outside of the current City limits, the BLM could convey the island to the City of Key West under similar terms as outlined above. However, as long as the island lies outside of the city limits, the County's land development code and comprehensive plan provisions would govern its development. Were Key West to annex Wisteria Island, the City's rules would apply. Submitting the application would be the initial step in a multistep process and would: 1. START the process but would NOT commit the County to taking over ownership of the island, a decision that would be deferred until later in the process; 2. NOT inject the County into the litigation over ownership of the island between F.E.B. Corp. and the U.S. government for F.E.B. Corp.'s appeal would have to be resolved in favor of the U.S. Government before the process could be completed and the transfer could take place; and 3. Be consistent with the County's efforts to establish a managed mooring field in the waters surrounding Wisteria Island. PREVIOUS RELEVANT BOCC ACTION: 4/12/17 BOCC adopted resolution 118-2017 -Asking BLM to issue partial closure order of Wisteria 4220 from 5 pm to 8 am. 11/17/21 BOCC directed staff to work with BLM, the Sheriff, the City of Key West, and the FWC to start taking public input on the future use of Wisteria Island. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Staff seeks confirmation of the Board's November 2021 direction to file an application under the RMPP to start the process for the County to acquire Wisteria Island. DOCUMENTATION: Booklet on the Recreational and Public Purposes Act.pdf Resolution 118-2017 Wisteria closure 5 pm to 8 am.pdf 11—17—2021 Regular Meeting minutes excerpt.pdf Wisteria Litigation Summary 2012 to present.pdf FINANCIAL IMPACT: $100 application fee, plus staff time involved in preparing application. 4221 M`„r ri li �)Recreation w PU'b lic Purposes Ac Revised August r 0 -. . o orbti �� ��d fi ti ��✓ I fll 4 d �iY 1 Y ' r ,b 9 a r�P F 1� �w a i a w r r r r r� � 'a,� "`v• il` lvl., r „�, ,,. i „. ,,,. „; I�� bra"% r« a 1`'re��: '� � � .,1 /;r�'../r/ o„r%c:`,� rr, ��/��rrrro Lb ,,,/,:., l//i"�l/i/iii�i � ,,,,,, .,,i`�';�.,: *'7 � ,n �i ^J +. ,,- .nr�� ,4 ✓ ri,r r, .c �f r,,, f., � � r Ali ✓ �! /rim//ii/ .r�sr r r/i 1. v, arp'K �II '.l �L r The Bureau of Land Management is responsible for the balanced management of the public lands and resources and their various values so that they are considered in a combination that will best serve the needs of the American people. Management is based upon the principles of multiple use and sustained yield; a combination of uses that take into account the long term needs of future generations for renewable and nonrenewable resources. These resources include recreation,range,timber,minerals, watershed,fish and wildlife,wilder- ness and natural, scenic, scientific and cultural values. BLM/WY/GI-941036+4333REV96 4223 9 � �� Contents -� Table�� �� �� ����| '������m� ���[ ������������^� Introduction ...................................................................................................................... I WhatLands Are Covered B8y the Act?............................................................................ & HowMuch Land May Be Purchased? ............................................................................ Z StateAgencies .................................. ............................................. .......................... 2 Other Political Subdkrmionu and Nonprofit Organizations .................... ....... -- .... 2 HowMuch Land May Bu Leased?.................................................................................. 3 TheCost..~~~~....~~...~.~~~~~..^^~^^^`~``^^^~^''^~`~~~....^~~~..~~......~^'^~^~`~~^^'^'~~^'~^~^~^ 3 A. State and Local Governments -------------______________ 3 Special Pricing ----------------________________ ] Regi,flar Pricing ........................ ............................................................................ 3 B. Nonprofit Organizations .............................................................. ............ ........... 3 Commitments........^^^...............~^^^....^^..^~^..~'.~'^^^^.~..^~..~^..^......^~^..^^^^....^^..~`.^..^^^^..~^^~`..~^^.... 5 Termsand Conditions ...................................................................................................... 5 HowInterested Parties Should Proceed ......................................................................... 6 ApplicationRequirements ............................................................................................... ~ BLM Procedures After Receipt of an Application....,.,.,......~..,................~..,...,,..,.... K0 Responsibilitiesor Patent bo Issued .......................................................... 1K Glossary0K Terms Used.................................................................................................. 82 Illustrations \ . Exarnple of Application pocm274A-! ........ ...... ...... ............. ..................... .......... 13 2. Example of Development and Improvement Pk'n----------------- 15 3. Example o[Dtmcrin6ouof Proposed Improvements and Estimated Cua1 ............. 17 4. Sample Site Design Map ..... —............................. .................................................. 10 5. Suu/pic (]eucrul Vicinity Map --------------------------- 18 6. ExxnxJc o[Timetable for Development ................................. ............... ............... 14 7. Exampleo[Management Plan............................................................... ................. Z| 8. Suuzoke Lease..... .................................................................................................... 22 Appendix | Map o[13LM State and ChaUjcL (}[Oooa ---------------------- 25 1 4224 Introduction Over the past 40 years, Americans have expressed a dynamic and accelerated interest in outdoor recreation. Our expanding urban populations, increased mobility and leisure time, and higher standard of living have created a demand for more and better recreation facilities. By the same token, urban expansion and a growing population have increased the need for more public services, such as schools, community buildings, hospitals, and sanitary landfills,just to name a few. Recognizing the strong public need for a nationwide system of parks and other recreational and public purposes areas, the Congress, in 1954, enacted the Recreation and Public Purposes Act (68 Statute 173; 43 United States Code 869 et. seq.) as a complete revision of the Recreation Act of 1926 (44 Stat. 741). This law is administered by the Bureau of Land Management (BLM). The act authorizes the sale or lease of public lands for recreational or public pur- poses to State and local governments and to qualified nonprofit organizations. Examples of typical uses under the act are historic monument sites, campgrounds, schools, fire houses, law enforcement facilities, municipal facilities, landfills, hospitals, parks, and fairgrounds. This pamphlet is designed to guide prospective applicants in obtaining lands and benefits under the act. Department of the Interior regulations for the Recreation and Public Purposes Act are found in Title 43 of the Code of Federal Regulations (43 CFR), Parts 2740 (Sales) and 2912 (Leases). What Lands Are Covered By the Act? The act applies to all Public Lands, except lands within national forests, national parks and monuments, national wildlife refuges, Indian lands, and acquired lands. Under special authority, BLM administers about 2 million acres of revested Oregon and California Railroad and Coos Bay Wagon Road grant lands in western Oregon. These lands may only be leased by public agencies Linder the act. I..................................................................... ............................... —California Division of Forestry Fire Station, Shasta County, California 4225 How Much Land May Be Purchased? The amount of land an applicant can purchase is set by law. Whether the land is to be purchased or leased, the BLM will classify Cy for purposes of the act only the amount of land required for efficient operation of the prqjects described in an applicant's development plan. Applicants should limit the land requested to a reasonable amount, Applicants will be required to first accept a lease, or lease with option to purchase, to assure approved development takes place before a sale is made and a patent (Government deed) is issued. Projects that may include the disposal, placement, or release of hazard- ous materials (i.c,, sanitary landfills) may go directly to patent. State Agencies and Other Political Subdivisions Any State, State agency or political subdivision of a state may purchase for recre- ation purposes up to 6,400 acres annually, and as many small roadside parks and rest sites, up to 10 acres each, as may be needed. In addition, any State, State agency or political subdivision of a state may acquire 640 acres annually for each public purpose program other than recreation. These lands must be within the political boundaries of the agency or within the area of jurisdiction of the organization or, in the case of cities, they Must lie within convenient access to the municipality and within the same State. Nonprofit Organizations Nonprofit organizations may purchase up to 640 acres a year for recreation pur- poses, and an additional 640 acres for other public purposes. —High School, Redding, California 2 4226 IT How Much Land May Be Leased? The act sets no limitation on the amount of land which may be ]eased. The Cost A. State and Local Governments I. Recreation or Historic Monument Purposes. Permanent conveyances of land for recreation or historical monument purposes are made without charge. Governments may lease lands for recreational use at no charge, but lands leased for historic monument purposes are subject to special pricing as described below. 2. Other Public Uses. Public agencies may purchase or lease land by two alternative pricing methods. Special Pricing Under special pricing schedules, purchases may be made for $10 an acre, with a minimum price per transfer of$50, or land may be leased for $2 per acre per year with a minimum annual rental of$25 Special pricing applies to land which will be govern- ment-controlled, used for government purposes, and serve the general public. Examples include parks, educational facilities, public health-related facilities, fire and law enforce- ment structures, courthouses, and State, county and community administrative service facilities, social services, storage and maintenance, extension services, and public works. Regular Pricing The rental or purchase price of land for uses that do not qualify for special pricing will be one-half of fair market value. The price will be 90 percent of fail- market value if the use is restricted to members oil'a particular or limited group. Uses subject to regular pricing generally are those that are publicly supported and operated, but not essential or customary to government administration and services. They include cemeteries, muse- urns, community centers, tourist information facilities, and fairgrounds. B. Nonprofit Organizations Nonprofit organizations may lease or purchase land for uses consistent with their articles of incorporation or creating authority. The lease or purchase price is one-half oil' the fair market value, or 90 percent if the use is not open to the public. 3 4227 The charts below summarize the pricing schedule: Conveyances Proposed Use Governmental Entities Nonprofit Entities Recreation and Historic No Cost 50% of FMV, except only Monument Purposes 10% discount may be applied it"use is restricted Special Pricing Program $10 per acre, with a $50 50% of FMV, except only Uses minimum per transaction 10% discount may be applied if use is restricted Regular Pricing Program 50% of FMV, except only 50% of FMV, except only Uses 10% discount may be .1.0% discount may be applied if use is applied if use is restricted restricted Leases Proposed Use Governmental Entities Nonprofit Entities Recreation Purposes No Cost 50% of FMV, except only 10% discount may be applied if use is restricted Special Pricing Prograrn $2.00 per acre per year 50% of FMV, except only Uses (includes historic rental, with a $25 per year 10% discount may be monument purposes) minimum per transaction applied if use is restricted Regular Pricing Program 50% of FMV, except only 50% ofFMV, except only Uses 10% discount may be 10% discount may be applied if use is restricted applied if use is restricted 4 4228 _ ur��a uuuu V ,m, WO III,iili l0 III 1, i —Recreation Area, Murtaugh Lake,Idaho Commitments To obtain a lease, applicants must obligate themselves to the following commit- ments: A. Nondiscrimination. Nondiscrimination as to access to the land and facilities based on race, color, religion, sex, age, or national origin in accordance with Title VI of the Civil Rights Act of 1964 (78 Stat. 241). B. Development and Management Plan. To develop and manage the lands in accordance with an approved program of utilization that must include a plan of development and plan of management. C. Use Charges. To make no more than reasonable charge for the use of facilities on the land (whether by concession or otherwise) and to charge no more for entrance to a use area than is charged at other comparable installations managed by State and local agencies, all charges to be subject to review and modification by the Secretary of the Interior under due process procedures. Terms and Conditions A. Patents. Patents issued under the Recreation and Public Purposes Act convey a restricted title since they contain certain provisions or clauses which, if not complied with, may result in reversion of the title to the United States. These provisions are: 1 e Certain nondiscrimination clauses providing that the patentee may not restrict or permit restriction of the use of any of the lands conveyed or facilities thereon because of race, creed, color, sex, age, or national origin. 5 4229 IT" 2. A provision that, if the patentee or its successor in interest attempts to transfer title or control over the land to another, or the land is devoted to a use other than that for which it was conveyed without the consent of the Bureau of Land Management, title will revert to the United States. 3. The patent will stipulate that the lands will be used in perpetuity for the purposes for which they are acquired. The lease or patent may stipulate that certain provisions of the development program, including the management plan, may be subject to review by the Secretary of the Interior or his delegate. 4. All minerals will be reserved to the United States. B. Lease Periods. Lease periods may be for any length, but shall not exceed 20 years for nonprofit entities and 25 years for governmental entities. C. Lease Terms and Conditions. Leases are issued subject to appropriate environmental and legal stipulations and contain provisions for compliance with: 1, Nondiscrimination based on race, creed, color, sex, age or national origin. 2. The approved plan of management and development upon which the lease was considered and issued. In addition, leases may be canceled for normse or a use other than that for which the lease was issued without prior consent of the BLM. 3. Under certain circumstances, the Federal Government may reserve the standing timber, use of water, or place other limitations on the use of natural resources. 4. Other reasonable stipulations as may be required as part of the consideration for the moderate charge being made for the land. How Interested Parties Should Proceed Anyone intending to submit an application must have a consultation with the local BLM office that manages the proposed lands prior to submitting the application. The consultation will cover such items as land status, application filing requirements, applica- tion processing steps, BLM policies and objectives, management responsibilities of the lessee or patentee and terms and conditions which may be required in. a lease or patent, pricing policy, land use planning, and time frames for application processing. The time of year an application is made may affect the processing time. Applica- tions received late in the field season or during the winter months may be held up where field examinations cannot be made until the following spring. Delay also may result from. the presence of unpatented mining claims since it is necessary to determine the validity of 6 4230 these claims or mineral potential of the area before acting on the applications. Similarly, when lands are sought which have been withdrawn (legally set aside) for power or other particular put-poses, considerable tune may be required to secure the necessary approvals. With the advice and help of the local BLM office, prospective applicants should complete the following steps: L Determine that they are qualified to be an applicant under the act and secure evidence that they are legally empowered to lease or hold title to land. I Ensure that all the lands to be applied for are needed to accommodate a definite project that serves an actual need and that the project rneets the established criteria for such a project. Land included in applications for patents or ]cases must be shown to be part of definite, well-planned prqject. A development and management plan and construction schedule are required to ensure proper programming for the future use of the land, I Refer to BLM ].and status records for legal descriptions, acreage and status of lands desired, their availability and nature of any conflicts of record. Unpatented mining claim conflicts can be determined by researching county records, on-the-ground inspection, and the BLM automated mining claim recordation system. ? 10, o.. YW� /7 —Community Park, 7Win Rills, Idaho 7 4231 t m � ljw � VI a X m ✓tl �l � n --Fire Station, Placerville, Colorado Application Requirements Applications are made on BLM Farm 2740-1 (see Illustrations 1). In addition, the application should be accompanied by: Ia A $100.00 nonrefundable Bing fee. 2. Certified copies of the Charter,Articles of Incorporation or Association, or other creating authority, if the applicant is a nongovernmental corporation or association. 3 A certified copy of a resolution or other evidence authorizing the filing of the application and further authorizing the signing officer to execute the application. 4. A draft development plan (including a site plan), and a management plan, to include: (a) A statement of'the proposed use of lands, a detailed description of the proposed project and a statement describing administration of the tract. (See Illustration 2.) (b) The anticipated expenditure for development (including source,of funds to be used for development). (See Illustration 3.) 8 4232 (c) A map showing the nature and location of facilities, land ownership of the entire project, and access routes. A professionally prepared site plan by a planner or architect is not usually required, but is encouraged and recommended as a means to ensure feasibility of the proposal, both. functionally and economically. (See Illustrations 4 and 5.). In some cases, it may be desirable, for budgetary reasons, to submit the plan after the tract has been classified. (d) Timetable for development. (See Illustration 6.) (e) Explanation of proposed maintenance responsibilities and procedures should be provided. If all or portions of the area are to be preserved in a natural state, the protective measures should be explained, (See Illustration 7.) The extent of the development plan will depend on the character of the land and its acreage, the purpose of the acquisition, the public demand to be served, and other vari- able factor,,. It need not be elaborate, but it must include as complete information as can be provided. The plan should anticipate the development required during the first 5 years, with general goals after that period. A principal cause of delay in processing applications has been submission of inadequate plans which require extensive revisions. If the tract is to be incorporated into a larger park or recreation area already established, the program for development of the overall area should be provided, with Such modifica- tions as the additional land entails;. Completed applications should be submitted to the BLM office that aianages the applied for tract. 31 pARM. .......... —Elementary School, Rangely, Colorado 9 4233 D"LM Procedures After Receipt of an Application After receiving an application, the BLM will: I. Determine if the proposal is in conformance with land use planning, review land status to determine if the lands are subject to application, and detern.l.ine if the application meets all requirements of the law and regulations. 2. Review the development and management plans to determine their adequacy and effectiveness and evaluate the construction schedule and estimated financing to ensure they are realistic and practicable. 3. Secure the views of other agencies that may have an interest in the lands, including State and local planning and zoning departments. 4. Check for the presence of unpatented mining claims. R&PP leases and patents cannot be issued where mining claims are present. If it is necessary to determine the validity of a mining claim in order to allow the lease, the cost of the determination will be the responsibility of the applicant. 5. Conduct a field examination and other investigations to gather information and data on the environmental considerations and proper classification of the lands. 6. Publish a notice to solicit views and comments from the public concerning the proposal. Based on its review and evaluation, Bureau officials may approve or disapprove any application in whole or in part, or require its revision. r�� M rod� � r/�� ����31WJw� � �� iil/1/?I r ............ ,rr' IM NO --public Works Building, .Rangely, Colorado 1(1 4234 zje w, i ---Golf*Course, Worland, Wyoming Responsibilities After Lease or Patent is Issued The BLM periodically reviews areas leased or sold under the act to assure continued compliance with the terms. The authorized use and character of the land must conform with the approved plan of development and management plan. Reasonable charges may be made to the public for use of facilities provided that fees are no more than those charged at comparable publicly owned installations. The schedule of charges is subject to review and approval by the Secretary of the Interior. Title to land acquired under this act may be transferred to other parties only with the consent of the BLM (no consent is required if the patent does not contain a reverter provision). If the transfer includes additional uses or changes of use, the uses must be approved by the BLM. The recipient must also meet the qualifications of an applicant under the act. For example, a State agency may transfer title to a county park commis- sion which will manage the tract. Most patents contain a reverter clause which returns title to the United States if the tract is used for purposes not provided for in the patent and not allowable under the act. Each lease contains a termination clause which provides that, if the land has not been used for the purposes specified in the lease, or is being used for another purpose, the lease will be canceled. The lease may also be canceled if the terms of the development and management plans are not fulfilled, unless modifications of the plans are approved. A lease may be assigned to another agency or organization with the consent of the BLM, if the assignee meets the qualifications of an applicant under the act. The lessee may surrender the lease or any part of it by filing a relinquishment with the BLM. Additional information regarding the Recreation and Public Purposes Act may be obtained by contacting any BLM Office. I 1 4235 Glossary of Terms Used Classification of Lands: An action taken, after examination and analysis through the land use planning process, that identifies a tract of public land as being suitable for a specific type of lease or disposal and opened to applications under applicable authorities. Land Use Plan: A local BLM planning document designed to guide and control future management actions and the development of subsequent, more detailed and limited scope plans for resources and uses. Nonprofit Association or Corporation: Any institutions, organizations, or associations which have been established according to local law and are held by the Internal Revenue Service to be tax-exempt. Patent: A government deed; a document that conveys legal title of public lands to whom the patent is issued. Plan of Development: An outline of how a definitely proposed and authorized project is to be implemented. The plan includes design drawings, surveys if needed, sketches, cost estimates, and construction schedules. Plan of Management: A plan showing how lands are to be managed after development has progressed to the point where the project is in operation. Public Lands: Any lands or interest in lands owned by the United States and administered by the Secretary of the Interior through the Bureau of Land Management, except lands located on the Outer Continental Shelf and lands held for the benefit of Indians,Aleuts and Eskimos. Public Purpose: The purpose of providing facilities or services for the benefit of the public in connection with, but not limited to, public health, safety or welfare. Use of lands or facilities for habitation, Cultivation, trade or manufacturing is permissible only when necessary for and integral to, i.e., an essential part of, the public purpose. Special Pricing Program: A schedule of special prices established by the S ecretary of the Interior, based upon the fair market value of-'the property, with a reduction based on the proposed use, 12 4236 Illustration 1, Page 1 FORM APPROVED Form 2740.1 OMB NO.10014-0012 (July 1992) UNITED STATES Expires: October 31,1993 DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT Date Serial Number (BLM use only) APPLICATION FOR LAND FOR June 1, 1994 RECREATION OR PUBLIC PURPOSES Home phone(include area code) (Act of June 14,1926,as amended;43 U.S.C.869;8694) 702-234-9876 Ia. Applicant's name b. Address(include zip code) Business phone(include area code) Routt County Board of Box 372 702-234-5628 County Commissioners I Belmont, Nevada 89113 2. Give legal description of lands applied for(include metes and bounds descri Lion,if necessary) SUBDIVISION TOWNSHIP RANGE MERIDIAN NW4NW4 27 4 N. 62 E. MD SW4NE4 28 4 N. 62 E, MD County of I State of Containing(acres) 80 Routt Nevada ana 3a. This application is for [3 Lease El Purchase (If lease,indicate years b. Proposed use is Q Public Recreation [I Other Public Purposes 4. Attach three(3)copies of the completed statement required by 43 CPR 2741.4(b),(Specifically identify an established or definitely proposed project for use of the land, a detailed plan and schedule for development,and a management plan which includes a description of how any revenues will be used.) See Attachments 5. If applicant is State or Political subdivision thereof,cite your statutory or other authority to hold land for these purposes. County Board of Suparvisors, Nevada Revised Statutes 6. Attach a copy of your authority for filing this application and to perform all acts incident thereto. 7. If land described in this application has not been classified for recreation and/or public purposes pursuant to the Recreation and Public Purposes Act,consider this application as a petition for such classification. (Continued on reverse) 13 4237 Illustration 1, Page 2 8. Are all activities,facilities,services,financial aid,or other benefits as a result of your proposed development provided without regard to race,color,religion,national origin,sex,or age? Yes El No (If"no,"describe the situation or activity and your plans for achieving compliance.) Applicant's Slpatu; —T-5te il- ne 1, 1994 ................................. Title 18 U.S.C.Section 1001)makes it a crime for any person knowingly and willfully to make to any department or agency of the United States any false,fictitious,or fraudulent statements or representation as to any matter within its jurisdiction. . ...................... GENERAL INSTRUCTIONS I. Type or print plainly in ink. 2. Submit application and three(3)copies ofrelated plans to the proper BLM State Office for the State in which the land is located. 3. Study controlling regulations in 43 CFR 2740(Sales)and 43 CFR 2912 (Leases). 4. If applicant is non-governmental association or corporation attach a copy of your charter,articles of incorporation or other creating authority. If this information has been previously filed with any BLM office,refer to previous filing by date,place,and case serial number, 5. If applicant is non-governmental association or corporation,attach a copy of your authority to operate in the State where the lands applied for are located. If previously filed with any BLM office,refer to previous filing by date,place,and case serial number. SPECIFIC INSTRUCTIONS (Items not listed are se4(-explanatory) Item Item 2. If land is surveyed,give complete legal description. If land is unsurveyed, should be provided for intensive use sites and general information description should be by metes and bounds connected,if feasible,by about improvements existing or planned on lands within the overall course and distance with a corner of public land survey. If possible, project. approximate legal subdivisions of unsurveyed lands should be stated. Acreage applied for must not exceed that specified by regulations. ci� An estimate of the construction costs,how the proposed project will be financed, including a list of financial sources, and an estimated 3a. Generally,title to lands will not be granted upon initial approval of an timetable for actual construction of all improvements and facilities. application. In order to assure proper development or use plans,the c. A plan ofmanagement to include operating rules,proposed source and general practice will be to issue a lease or least with option to purchase disposition of revenues arising from the proposed operation,personnel after development is essentially completed. In any case,term oflease may requirements,etc, not exceed 20 years for non-profit organizations or 25 years for governmental agencies,instrumentalities or political subdivisions. f. A specific maintenance plan to include, for example, sewage and 4. Leases and patents under this act are conditioned upon continuing public garbage disposal,road maintenance,upkeep and repair of grounds and enjoyment of the purposes for which the land is classified. The plan of physical facilities,etc. development,use,and maintenance must show,at a minimum: g, Applications forsolid waste disposalsites mustcomply with guidelines a. A need for proposed development byciting population trends,shortage established by the Environmental Protection Agency(40 CFR 240 and of facilities in area,etc. 241) and must include a detailed physical description of the site (including a map showing 5-foot contours at a scale of I inch=200 feet), b. That the land will benefit an existing or definitely proposed public description of ground water situation,soil characteristics and manage- project authorized by proper authority. ment plan. c.Type and general location of all proposed improvements,including public access(roads,trails,etc.). This showing may take the form of 6. This may consist of copy of delegation of authority,resolution or other inventorylists,maps,plats,drawings,or blueprints in any combination evidence of authority from the governing board of the applicant's available and necessary to describe the finished project. Site designs organization,copy of the by-laws of the organization,or the like. The Paperwork Reduction Act of 1980(44 U.S.C.3501,et.seq.)requires us to inform you that: Information is being collected to process your request for Federal lands under the provisions of June 14,1926(43 U.S.C.869 as amended),Recreation and Public Purposes Act. Information will be used to illustrate whether the applicant meets requirements of regulations found in 43 CFR Subpart 2740, Response to this request is mandatory,see regulations found in 43 CFR Subpart 2741A. tr U.S.GOVERNMENT PRINTING OFPCE 1992--476426 14 4238 Illustration 2, page I PROPOSED INDIAN CREEK PARK Development and Improvement Plan 1. Description The proposed Indian Creek Park comprises 80 acres situated around the junction Of the East and the West Forks of Indian Creek, and encompasses I miles of shoreline along the streams. The site is located 25 miles southwest of Adams (population 18,000). Ne- vada State Highway 38, an all-weather gravel road; leads to within 1/2 mile of Indian Creek . There are no existing or known proposed public outdoor recreation facilities within 35 miles and this location is the only available site southwest of Adams. The East and the West Forks join near the mouth of a steep scenic canyon. The proposed site is on relatively level benchland supporting an open stand of large ponderosa pines and aspen. Indian Creek provides excellent trout fishing and elk, deer, and other wildlife are numer- ous in the vicinity. 2. Statement of Need This region is now subject to intense recreational pressures from the local popula- tion, especially from Adams, and to a lesser extent from tourists using Highway 38, A serious public health and litter problem has been created by use of these undeveloped lands for picnicking and overnight camping and pollution of Indian Creek by human wastes. Recent road counts along Nevada 38 indicate an average weekday traffic flow from April to October of 225 units, while weekends and holidays average 850 units, This traffic is primarily the result of people looking for places to picnic, camp, fish, hike in the mountains, or just to enjoy nature. hunters camp in this location during the winter months. There is one public picnic area with 60 units ten miles northeast of Adams, subjected to severe overuse. During the past several years,this site has shown an average weekend attendance which increased 300 percent (600 visits in 1988 to 1800 visits in 1992). The population of Adams has increased from 9,000 in 1980 to the present 18,000, which is one of the largest percentage increases in the State. With this population growth, new industries have been established in the vicinity, and continued increase in population is to be expected. Scheduled resurfacing of Nevada 38 during the next few years is expected to increase the average daily summer traffic flow from 225 units to more than 1,000 units. 15 4239 oyj Illustration 2, page 2 3. Location The lands embraced by the proposed park are under various forms of management by this agency (see General Vicinity Map): T. 4 N., R. 62 E., MD Meridian, Nevada Section 21 S1/2SE1/4SW1/4 owned fee title Section 22 S/?2 S W/4 S W/4 owned fee title Section 27 SWI/4NEI/4NEI/4 leased Section 28 S 1/2 N E 1/4 N E 1/4 owned fee title NWI/4NEI/4 leased with option to purchase NI/2NEI/4NEI/4 o wn 20' easement along Indian Creek and right-of-way for vehicular traffic The lands embraced by the instant application will be used as follows: Section 27 NWI/4NWI/4 Overnight campground and development of foot trails Section 28 SWI/4NEI/4 Fishing access, overlook and foot trails. No major recreational developments other than a foot bridge crossing the West Fork of Indian Creek are contemplated. This tract is desired to act as a buffer zone between intensive development as exhibited in the camp and picnic grounds and adjoining privately owned lands. Therefore, it is intended that this tract remain in its natural state. It is urgent that the development of public outdoor recreation facilities be initiated in the Indian Creek area. Development of the proposed Indian Creek Park will not only help alleviate the intense demand for such facilities, but will also act as a springboard for the future acquisition and development of similar sites in this area which are now in private ownership. 4. Concurrence in this project has been obtained from the Routt County Planning Commission. A copy of their comments is enclosed. 16 4240 Illustration 3 Description of proposed improvements and estimated cost of development for lands encompassed by the proposed Indian Creek Park: Unit I Indian Creek Campground (See Site Design) NWI/,tNWI/4, Section 27, T. 4 N., R. 62 E., MD Meridian, Nevada Surveying, planning,and construction of 1/2-mile interior road, 10 feet wide, graded gravel and crushed stone with 4-inch macadam surface; 10 parking units, 3-inch macadam surface; 1/2-mile foot trail, 3 feet wide, graveled. Clearing, leveling, and developing of campsites, with 20 family units (carnping). Subtotal $21,250 Unit 2 (See General Vicinity Map) SWI/4NEI/4, Section 28, T. 4 N., R. 62 E., MD Meridian, Nevada 1/2-mile foot trail, 3 feet wide, graveled; I foot bridge crossing West Fork Indian Creek, 5 feet wide by 20 feet long, log-steel structure. Subtotal 2,000 In addition to the above improvements to be placed on the lands applied for, the following amounts will be expended on county owned or leased land in developing Indian Creek Park. Subtotal 33,000 The 5-year annual rental for the BLM lands applied for, purchase of 30 acres of privately owned land, annual rental of leased private land, and final purchase price of the BLM land will require an expenditure of$6,300 over the five-year period. Subtotal 7,800 TOTAL $64,050 In addition to the above costs, the county will provide maintenance and custodial services. (Also show source of funds to be used in developing and maintaining the site.) 17 4241 Illustration 4 #r`,: SITE DESIGN y µ�A00•M fDot" � ` I f', INDIAN CREEK CAMPGROUND R1cnAnar f I NWNW Sec. 27, T.15N.,R.75W A" . 0 10A.0,Hxo off J 1 ( 6tA PM., COLORADO 1Rp ` J 1 l 1 ~ a ` \ LEGEND \ \ -.1 W1 \\1\ •r11LL Lor0e A10eR ( \, \ �I� rmlaT antl Camterou# Tree# A I I I ^ TA1L1,r,R1PLACC ,I ` I I .�m,d... root TRAIL 1 IPA` • / © WI I I MOT1:CAN♦11*1"1 R018 AHa CANT 11T11 pl♦a N NAIIC ' 0 ACTUAL 1.00ArIDH 1MOULD AV016 LARK# TR1t1 O 1 A 1 s, F )oti Prepared by Date Approved Dote Illustration 5 GENERAL VICINITY MAP INDIAN CREEK PARK Routt County, Colorodo NV LEGEND ['-1 re �``\\y\II i I'� ASpeR-'cad � i t..:{ © OrHCO ev APPLICANT i L[AW eY APPLICART WITH OPTION To PURe"Amf PICNIC `'411h` J'II� �', t'yECS1� %ygri:'. L6ABCDevAPPLICAwT ` �� AIIIIC ANT HOLD* NrDOT [A#epdwT ALONe MDR AaPdn 5 4w0 RIeNT•OP�*AT FOR r- lA f1` Grove „�.�h '� �^«�,+ .�t PRoroeao RCCR}R ROAD MIIVATa,BUT aCDU16IT101r r qp ""� " I�"^`L.1i , Q 1 �"• y �3'3L� WAMLICANT N{CLRRART RRrORO DNRLORp4NT III ( 1 :. •� PRorota0-Teo RoUNDARV or Iw OIAN CRe6R FAA R A ovRRLooR COR T.IDN.,R.sw" j �T 1` t, \ ` >•r Ttp.,OTX Are, p.,COLORR00 FOOT er110e6 --.+FOOT TRAIL #MP MOroe60 LOCATION or �..f ^� dtL# ADC6aa ROAD I• Prepared by .Data Approved Date 18 4242 Illustration 6, page I Timetable for Development of the Indian Creek Park The plan is to develop the park over a 5-year period which will commence with the lease of the lands applied for. Prior to the end of the 5-year lease period construction will be completed and purchase of the BLM lands will be requested. The proposed timetable for development will approximate the following: First Year I Acquisition and rental costs., Annual rental for BLM lands applied for, 80 acres @ $2/acre $ 160 annual rental of other property within park 300 Purchase of 30 acres now impeding full utili- 5,500 zation and development of Indian Creek Park 2. Development costs: Surveys for road and trail construction; development plans for picnic grounds and 5,000 campgrounds $10,960 Second Year Annual rental for BLM lands applied for, 80 acres @ $2/acre 160 Annual rental of leased lands 300 Construction of access and interior roads and parking area 12,500 Initial construction of picnic grounds 10,000 Initial construction of foot trails 750 $23,710 Third Year Annual rental for BLM lands applied for, 80 acres @ $2/acre 160 Annual rental of leased lands 300 Completion of picnic grounds 10,000 Completion of foot trails 1,500 $11,960 Fourth Year Annual rental for BLM lands applied for, 80 acres @ $2/acre 160 Annual rental of leased lands 300 Initial construction of campground 5,000 Construction of two foot bridges 3,000 $8,460 19 4243 Illustration 6, page 2 Fifth Year Annual rental for BL.M lands applied for, 80 acres @ $2/acfe 160 Annual rental of leased lands 300 Completion of campground 7,000 Construction of one foot bridge 1,500 $8,960 Sixth Year Purchase of BLM leased lands, 80 acres @ $10.00/acre 800 TOTAL $64,050 20 4244 � Illustration 7 Management Plan In consideration of the nooziou| uoouul zcn1u| o[$2, per acre per year and final purchase priceo[$l0.UOperuo[o, dheQuuUCouniYpurkCocoouiyainu (throughthrBourd of County Commissioners), agrees to the following conoo)ibucois, which commitments will be incorporated by reference in the ouuvoyuooe of the subject /uody: l, To maintain the lands open to use by the public for recreational purposes without dixcdcniuutimu or favor. 2. To make no more than a reuoouub|o charge for the use of facilities on the ioud (whether by concession urotherwise) and to charge oo more for entrance to and use of the area than is charged at oibcz 000)purxb|o inmLa]|adouu rouuuged by Siubo and local agencies. The Commission will submit Lo the Bureau m[Land Management its schedule of charges, A]I charges shall be subject to review for conformance with this requirement and appropriate modification hythe Scocc18ry of the Interior or his delegate after reasonable notice and opportunity for hearing. 3. To develop and 000uugo the lands in aouozdu000 with the approved pcogrmoo of utilization, submitted with this application. 4. To mcourc the approval of the Secretary of the Interior or his delegate of all p]oox of cnombuo(ioo yzinc to commencing actual construction. 5. Ib maintain in satisfactory condition the facilities on these lands. 21 4245 Illustration 8, Page 1 Form 2912-1 UNITED STATES (April 1992) DEPARTMENT OF THE INTERIOR Serial Number BUREAU OF LAND MANAGEMENT NVN 87153 RECREATION OR PUBLIC PURPOSES LEASE Act of June 14,1926,as amended(43 U.S.C.869 et.seq.) This lease entered into on this 15 day of July 19 94 by the United States of America,the lessor,through the authorized officer of the Bureau of Land Management,and Routt County, State of Nevada hereinafter called the lessee,pursuant and subject to the terms and provisions of the Recreation and Public Purposes Act and to all reasonable regulations of the Secretary of the Interior now or hereafter in force when not inconsistent with any express and specific provisions herein,which are made a part hereof, WffNESSETH: Sec.l. The lessor,inconsideration of the rents to be paid and the conditions to be observed as hereinafter set forth,does hereby grant and lease to the lessee the right and privilege of using for the purposes hereinafter set forth in the following-described lands: NW4NW4, Section 27 and SW4NE4, Section 28, T. 4 N. R. 62 E., MDM containing 80 acres,together with the right to construct and maintain thereon all buildings or other improvements necessary for such use for a period of 5 years,the rental to be$ 160 per annum.If,at the expiration date ofthe lease the authorized officer shall determine that the lease maybe renewed,the lessee herein will be accorded the privilege of renewal upon such terms as maybe fixed by the lessor.The lessee may use the premises for Sec.2. There are reserved to the United';rates all mineral deposits in Sec 4 In consideration of the foregoing,the lessee hereby agrees: said lands,together with the right to mine and remove the same under applicable laws and regulations to be established by the Secretary of (a) To improve and manage the leased area in accordance with the the Interior. plan of development and management designated as Indian Sec.3. The lessor reserves the right of entry.or use.by Creek Park development and improvement plan (a) any authorized person, upon the leased area and into the authorized officer on July 51 1994 and approved by an buildings constructed thereon for the purpose of inspection; or any modification thereof hereinafter approved by an authorized (b) Federal agents and game wardens upon the leased area on officer,and to maintain all improvements.during theterm ofthis lease, official business; in a reasonably good state of repair. (c) the United States, its permittees and licensees, to mine and (b)To pay the lessor the annual rental above set forth in advance remove the mineral deposits referred to in See.2,above, during the continuance of this lease. 22 4246 Illustration 8, Page 2 (c) Not to allow the use of the lands for unlawful purposes or for any Y Sec.6.Equal Access Clause. Lessee shall comply with all provisions of purpose not specified in this lease unless consented to under its terms; the American Disabilities Act of July 26,199Q the Architectural Barriers not to prohibit or restrict,directly or indirectly,or permit its agents, Act of 1968, and Section 504 of the Rehabilitation Act of 1973, as employees, contractors(including, without limitation, lessees, sub- amended, These Acts require that programs and public facilities lessees,and permittees),to prohibit orrestriet the use ofany part ofthe constructed or renovated be accessible to and usable by persons with leasedpremises or any ofthe facilities thereon by any person because of disabilities. such person's race,creed,color,sex,or national origin. See 7.The lessee may surrender this lease or any part thereof by filing (d) Not to assign this lease or to change the use of the land,without a written relinquishment in the appropriate BLM office.The relin- first receiving the consent of the authorized officer of the Bureau of quishment shall be subject to the payment of all accrued rentals and to Land Management, the continued obligation of the lessee to place the lands in condition for relinquishment in accordance with the applicable lease terms in (e)That this lease may be terminated after due notice to the lessee subsections 4(f)and 4(g)and the appropriate regulations. upon a finding by the authorized officer that the lessee had failed to comply with the terms of the lease;or has failed to use the leased lands for the purposes specified in this lease for a period of consec- Sec,8.The lessee further agrees to comply with and be bound by those utive years;or that all or part ofthe lands is beingdevoted to some other additional terms and conditions identified as use not consented to by the authorized officer;or that the lessee has not complied with his development and management plans referred to in NVN 87153 Terms and Conditions (attached) subsection 4(a), (f)That upon the termination of this lease by expiration,surrender, or cancellation thereof,the lessee,shall surrender possession of the premises to the United States in good condition and shall comply with such provisions and conditions respecting the removal of the improve- ments of and equipment on the property as may be made by an authorized officer. (g)To take such reasonable steps as may be needed to protect the surface of the leased area and the natural resources and improvements thereon. (h) Not to cut timber on the leased area without prior permission of, or in violation of the provisions and conditions made by an authorized and which are made a part hereof, officer. (i)That nothing contained in this lease shall restrict the acquisition, Sec. 9.No Member of, or Delegate to, the Congress, or Resident granting,or use of permits or rights-of-way under existing laws by an Commissioner,after his election or appointment,and either before or authorized Federal officer. after he has qualified,and during his continuance in office,and no officer,agent,or employee of the Department of the Interior,except as Sec.5.Equal Opportunity Clause.Lessee will comply with all provi- otherwise providedin 43 CFR,Part 7,shall be admitted to any share or sions of Executive Order No.11246 of September 24,1965,as amended, part of this lease,or derive any benefit that may arise therefrom,and and the rules,regulations,and relevant orders of the Secretary of the provisions of Title 18 U.S.C.Sections 431-433,relating to con- Labor. Neither lessee nor lessee's subcontractors shall maintain tracts,enter into and form a part of this lease,so far as the same may be segregated facilities. applicable. FOR EXECUTION By LESSEE THE UNITED STATES OF AMERICA IN WITNESS WHEREOF: By ignature of Lessee's 4uthori�iegd , _ ficer) (Authorized Officer) C Area Manager (Signat e �fWitness) (Title) July 15 994 (Date) (Date) This form does not constitute an information collection as defined by 44 U.S.C.3502 and therefore does not require OMB approval. 23 4247 Appendix I 0 0 0 "It C) .0. C, ------ 0 --0 ruin •"DXwx 0 fr k 'P 25 T U.S. GOVERNMENT PRINTING OFFICE: 1996 — 774-208 24302 R,4248 �� 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 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 111h Circuit Court of Appeals decision in F.E.B. Corp. v. United States, 818 F.3d 681 (111h Cir. 2016); and 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 f WHEREAS, the Commission has been presented with information from the Sheriff of i 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 t environment of the island itself and its nearby waters, as well as to those residents of and visitors 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 4249 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 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 by the Board on which putative owner actually owns the island; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section1. The U.S. Bureau of Land Management is respectfully requested to issue a partial closure order for Wisteria Island that would close the island between the hours of 5 p.m. and 8 a.m.. Section2. This resolution shall take immediate effect upon its adoption. 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 4250 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 ' ! m BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA adok, Clerk N' By: By: ,�', .tti. Deputy Clerk 'Mayor MONROE COUNTY ATTORNEY VED TO FORM: FKXW e.SMLLINOER,JR. C) L..)L CL- c: �- C"i Page 3 of 3 4251 MINUTES OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, November 17, 2021 Key West, Florida& Via Communication Media Technology A regular meeting of the Monroe County Board of County Commissioners convened at 9:00 a.m. at the Harvey Government Center and via Communication Media Technology. Present and answering to roll call were Commissioner Craig Cates, Commissioner Eddie Martinez, Commissioner Holly Raschein, Commissioner David Rice and Mayor Michelle Coldiron. Also present at the meeting were Roman Gastesi, County Administrator; Bob Shillinger, County Attorney; Kevin Madok, Clerk of Court; Pamela Hancock, Deputy Clerk; county staff, members of the press and radio; and the general public. PRESENTATION TO MAYOR COLDIRON A The Board made a presentation to Mayor Coldiron for her service as Mayor. CALL TO ORDER 2021-2022 BOARD OF COUNTY COMMISSIONERS COMMISSION ORGANIZATION B1 Bob Shillinger, County Attorney, addressed the Board. Motion was made by Mayor Coldiron and seconded by Commissioner Raschein nominating Commissioner Rice as the Mayor. Motion was then made by Mayor Coldiron and seconded by Commissioner Martinez nominating Commissioner Cates as Mayor Pro Tem. Motion was made by Commissioner Martinez and seconded by Commissioner Raschein to adopt the following Resolution electing Commissioner Rice as Mayor and Commissioner Cates as Mayor Pro Tem. Motion carried unanimously. RESOLUTION NO. 409-2021 Said Resolution is incorporated herein by reference. B2 Motion was made by Commissioner Cates and seconded by Commissioner Martinez to adopt the following Resolution authorizing the Mayor and the Clerk of the Board to sign all warrants, legal documents and any other necessary paper and documents; and stating that the presently authorized signatures validating County checks are hereby continued for sixty days from this date in order to meet all payroll and necessary obligations. Motion carried unanimously. RESOLUTION NO. 410-2021 Said Resolution is incorporated herein by reference. Page 11 11/17/2021 4252 AIRPORT L1 The following individuals addressed the Board concerning approval to apply to the Federal Transportation Security Administration to return to a federal screening workforce at the Key West International Airport: David Grossman and Christine Gorham, representing ASM, LLC. Richard Strickland, Director of Airports, addressed the Board. After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Martinez granting approval of the item. Roll call vote carried unanimously. HEALTH DEPARTMENT/EMERGENCY MANAGEMENT K1 Shannon Weiner, Director of Emergency Management; and Bob Eadie, JD, Administrator& Health Officer for the Monroe County Health Department, gave a COVID-19 update. COUNTY ADMINISTRATOR Q4 Mr. Shillinger addressed the Board regarding the potential transfer of ownership of Wisteria Island to the State of Florida and/or Monroe County for potential use as a County operated park. Leah Baker, Associate State Director; Cally Younger, Solicitor; and Robert S. Swithers, District Manager, with the U.S. Department of the Interior Bureau of Land Management(BLM), addressed the Board. The following individuals addressed the Board: Bart Smith, representing FEB Corporation; Maury Brooks, H. Sartelle, Cliff Hartman, Andrea Strawn, representing Last Stand of the Florida Keys; and Diane Beruldson. After discussion, motion was made by Commissioner Coldiron and seconded by Commissioner Cates directing staff to continue to work on this, to coordinate with BLM; the Sheriff's Office to the extent that there are things to coordinate; the City of Key West; the Florida Fish and Wildlife Conservation Commission; and to start taking public input. Motion carried unanimously. Q8 Rhonda Haag, Chief Resilience Officer, gave a Power Point Presentation on the next steps of the $2.772 billion dollar plan developed by the U.S. Army Corps of Engineers (USACE) for reducing coastal storm risk vulnerability for the Florida Keys. Bryan Merrill, with USACE, addressed the Board. The Board took no official action. Q6 Ms. Haag addressed the Board. Ken Weaver, Program Administrator of the Water Quality Evaluation and TMDL Program with the Florida Department of Environmental Protection (DEP), gave a Power Point Presentation of the results of two years of monitoring services in support of the Florida Keys Reasonable Assurance Document conducted by the University of Miami on behalf of DER The Board took no official action. Q7 Ms. Haag addressed the Board. K. Sealy, with the Coastal Ecology Laboratory, University of Miami, gave a Power Point Presentation on the results of two years of canal and near shore monitoring to measure the effects canal water quality may have on nearshore waters. The Board took no official action. Page 114 11/17/2021 4253 WISTERIA LITIGATION SUMMARY First Case — FEB v. USA 8/24/2012 — FEB Corp sues US Govt. to quiet title to 39 acres of submerged and upland including Wisteria Island. 3/25/2015—Judge Martinez grants US Govt.'s motion for summary judgment and dismissed the case for lack of jurisdiction because FEB had waited too long to sue. L) S Govt worn. 3/28/2016— 111h Circuit Court of Appeals affirmed the trial court ruling that F.E.B. was time barred from filing suit but noted that "[t]he title dispute remains unresolved." L) S Govt worn Second Case— USA v. FEB 10/11/2018 — US Govt. sued FEB Corp to quiet title to 39 acres of submerged and upland including Wisteria Island. 8/27/2020 —Judge Martinez entered final judgment in favor of U.S. Govt. based upon the Court's granting of the government's motion for summary judgment on 7/31/2020, quieting title in favor of the U.S. Govt. for the 39 acres of submerged and uplands including Wisteria Island. L) S Govt worn. 11/1/2022 — 111h Circuit Court of Appeals affirmed the trial court in part and reversed it in part and remanded for a trial on whether the US Govt. deposited the fill that created Wisteria for its own future use or to whether Wisteria Island's creation was an accident. Split decision I�ruro, ti oir�l a oirV ii irmi ii,,ow of JJ,avy'°a iiir°���o ui���� lri��,ur� lid �10 Ilrod° u�o y� �Iri��F ((lillll 5/29/2024—Judge Martinez rules after a bench trial where he found that the U.S. Govt intended to create Wisteria Island for its own use then entered final judgment in favor of the U.S. Govt. quieting title to 39 acres of land including Wisteria Island and determining that "F.E.B. Corp. holds no ownership interest." L) S Govt wouim 7/23/2024— FEB Corp appealed Judge Martinez's ruling. FEB's initial brief was due 9/3/2024 but as of 1/23/25, FEB had not filed its initial brief so its not clear what they'll argue but FEB must convince the appellate court that Judge Martinez either erred on the law or committed clear error in his factual rulings or that he got the law wrong in his decision of 5/29/2025. `eiriri ulQrm QreQ)�c,ir)�g. ***After a bench trial, an appellate court reviews the trial "court's conclusions of law de novo and the district court's factual findings for clear error.A factual finding is clearly erroneous when the reviewing court 'is left with the definite and firm conviction that a mistake has been committed."'Adams by&through Kasper v. School Board of St. Johns County, FL, 57 FA1h 791 (111h Cir. 2022)(citation omitted). Third Case— FEB challenges County's DEP' Permit for Mooring Field 5/17/24— FEB Corp. sued Monroe County and the State of Florida (DEP) by filing a Chapter 120 petition for a formal administrative proceeding before DOAH seeking to overturn the State's approval of a DEP Permit (No. 44-0137939-029-EG)which the County had applied for to permit its Man of War Harbor Mooring Field on waters off of Wisteria Island. The petition has not yet been referred to DOAH II eirirr4lrm Q;er)Q c,ir)�g. 4254 Liz Yongue From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov> Sent: Tuesday, February 18, 2025 8:17 AM To: Liz Yongue; Shillinger-Bob; Schemper-Emily; Morris-Peter; Hurley-Christine Cc: Lincoln-Michelle; Rice-David; Cates-Craig; Raschein-Holly; Abel-Corie; Hunt-Kacey; Lamarche-Tamara; Walker-Amanda; Gomez-Krystal; Burke-Sue; Scholl-Jim Subject: FW: Letter RE: agenda item P2 for 19 Feb 2025 BOCC mtg Attachments: MC BOCC 19 feb 25, P2 ICO Ietter.PDF Categories: Orange Category Good morning, please see the attached letter for the record. Thank you. Sincerely, L A-t e to Christine HurLe�, Covwt� Act odn, strator -?,us�wess M,2n,29er- Acr o . nv stratCon 1100 Sintooton street, Sv to 2-205 K.e� west; FL :2,:2,04 0 (305)292--4-4-4�2, (o ffiCe) (:2,05):2,9:2,--4-4-4 2 (ceLL Phone) (305)292--4 5 4-4 (FaX) Courier Stop #! .4ov www.vKovg,roeco�cwtU-A.�oy Monroe County, Florida "The Florida Keys" "We may encounter many defeats, but we must not be defeated."—Maya Angelou PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM TTtE COUNTY 2E(�ARDIN COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT'TO PUBLIC DISCLOSURE. 0 Please c.on,tlder the environrymit when 4�0 decidinghetl'aer to print this ema:aiL From: Gardner, Christina A CIV USN NAVFAC SE JAX FL(USA) <christina.a.gardner2.civ@us.navy.mil> Sent: Saturday, February 15, 2025 10:40 AM To: Scholl-Jim <Scholl-Jim@MonroeCounty-FL.Gov>; BOCCDIS3<BOCCDIS3@ Mon roeCounty-FL.Gov>; Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov> 1 Cc: Burke-Sue<Burke-Sue@ Mon roeCounty-FL.Gov> Subject: Letter RE: agenda item P2 for 19 Feb 2025 BOCC mtg Good Morning Mayor Scholl and Ms. Ballard- On behalf of NAS Key West Commanding Officer Beth Regoli,on behalf of the US Navy, please find the attached letter pertaining to agenda item P2 for the 19 Feb 202SS Monroe County Board of County Commissioners meeting. The installation/US Navy is not requesting time to speak but will have representatives in attendance. Thank you. I hope your weekend is wonderful and please don't hesitate to reach out for any reason! Submitter: Christina Gardner Phone:30S.293.2633 Address: Forrestal Ave, BA-324, Key West, FL 33040-9001 Email: Christina.a.gardner2.civ@us.navy.mil Beth Regoli Phone: 30S.293.2866 Address: Forrestal Ave, BA-324, Key West, FL 33040-9001 Email: Elizabeth.a.regoli.miI@us.navy.rmi_I V/r- Christina Gardner, P.E. NASKW Community Planning Liaison Officer 30S.293.2633 2 _r DEPARTMENT"T THE NAVY y ry NAVAL AIR STATION KEY WEST PO BOX 9001 vFr^ ha yF KEY WEST FL.ORIDA.33040-9001 5800 Ser NtlO/0 73 February 14, 20�25 Via email. hallcrrd-lir(isejl�inoiiroecounty-fl. cry Mayor Jim Scholl Monroe County Board of County Commissioners 1100 Simonton Street Key West, FL 33040 Dear Mayor Scholl, Subj: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS" AGENDA ITEM P2, FEBRUARY 19, 2025 I am writing in regard to Agenda.Item P2 for the subject meeting. The proposal for Monroe County to submit an application to acquire Wisteria Island and the surrounding submerged land from the Federal Govermnent is perplexing given the ongoing litigation between,the United States and F.E.B. Corporation regarding ownership. Wisteria Island is approximately thirty-nine(39) acres of hand off the coast of Naval Air Station(NAS) Ivey West, with over twenty-one(21)acres above the water line created from dredged material deposited as the result of a Key"West harbor dredging project from 1941-1.943. While the Department of the Interior(DOI)/Bureau of Land Management(BLM) is the federal land manager, ownership of Wisteria Island remains a matter in dispute in 'federal court. In 2018, the Federal District Court quieted title to the United States. Following an appeal by F.E.B, Corporation to the Eleventh Circuit Court of Appeals, the case went back to Federal District Court. After a January 2024 bench trial judgment again quieted title to the United States in May 2024, F.E.B. Corporation filed an Appellate Brief with the Eleventh Circuit Court of Appeals on.February 3, 2025. The United States" Response Brief is due on March 5, 2025,pending a decision on a 60-day enlargement request. "Wisteria Island is an important asset to the U.S.Navy for encroachment protection, operations and training, and possible dredge spoil deposits. The U.S. Navy remains concerned about any proposed activities at or near Wisteria Island which may negatively impact the U.S.Navy's ability to: (1) conduct operations/training, (2) navigate to/from the island, and(3)implement anti-terrorism/force protection requirements. In summation, due to ongoing ownership litigation and the U.S.Navy's stated intentions for future use, any actions to seek transfer of Wisteria Island to Monroe County are not wholly understood, The U,S.Navy considers working cooperatively with Monroe County on all issues surrounding Wisteria Island in the best interest of both parties. Flowever,until ownership is no longer disputed,the U.S.Navy can take no affirmative actions regarding Wisteria Island. I appreciate your consideration of the U.S.Navy's national security mission. during any discussions of Agenda Item P2. My point of contact for this effort is Christina Gardner,NAS Ivey West Community Planning and Liaison Officer, who can be reached at Christina,a.gardner2.civ(i� us.navy°.mi1 or(305) 293-2633. Sincerely, Elizabeth A. Regoli Captain,USN Commanding Officer Copy to: Commander,Navy Region Southeast