BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY

Transcription

1 8C2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: DEPARTMENTAL PRESET: TITLE: APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION S (FDEP) OFFICE OF GREENWAYS AND TRAILS FOR DESIGNATION OF PORTIONS OF THE ST. LUCIE AND INDIAN RIVER LAGOON AS A STATE-RECOGNIZED PADDLING TRAIL AGENDA ITEM DATES: MEETING DATE: 7/25/2017 COMPLETED DATE: 7/13/2017 COUNTY ATTORNEY: 7/3/2017 ASSISTANT COUNTY ADMINISTRATOR: 7/10/2017 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: Terry Rauth, P.E. Engineering Director Name: Procedures: None EXECUTIVE SUMMARY: Engineering Deborah Drum Ecosystem Restoration and Management Division Manager Estimated staff presentation: 10 minutes. Martin County is proposing to designate portions of the St. Lucie River and Indian River Lagoon as part of the State of Florida Designated Paddling Trail. It was recommended in the 2014 Martin and St. Lucie Regional Waterways Plan to seek designation of local paddling trails as Blueways, partnering with FDEP, paddling groups, and organizations to enhance the paddling experience for both residents and visitors. This item would fulfill the recommendation made in the Regional Waterways Plan, and highlight the county s natural resources along our coasts. APPROVAL: LEG 808b of 27

2 ACA CA BACKGROUND/RELATED STRATEGIC GOAL: The Florida Department of Environmental Protection (FDEP) Office of Greenways & Trails (OGT), within the Division of Recreation & Parks, provides statewide leadership and coordination to establish, expand and promote the Florida Greenways and Trails System (FGTS) pursuant to the Florida Greenways and Trails Act (Ch. 260, FS). In a cooperative effort by the Martin County Metropolitan Planning Organization (MPO) and the Martin County Engineering Department s Ecosystem Restoration & Management Division, Martin County is proposing to designate portions of the St. Lucie River and Indian River Lagoon as part of the State of Florida Designated Paddling Trail. The designation of the South Fork and Indian River Lagoon has substantial support from various members of the public and government entities, including the Paddlers Club, who have specifically requested this designation from county staff and provided a resolution of support. We also have received a letter and resolution of support for this application from the City of Stuart Commission. Additionally, we have letters of support from the Florida Park Service, Martin County Metropolitan Planning Organization (MPO), Martin County Office of Tourism and Marketing, Martin County Chapter of the Florida Native Plant Society, South River Outfitters and the Ohana Surf Shop. There is significant value and importance of the South Fork of the St. Lucie River, which in addition to its biological importance, provides connections to the Intracoastal Waterway, water access inland, and a connection to Lake Okeechobee via the St. Lucie Canal (C-44). Additionally, the Indian River Lagoon is the most diverse estuary in North America. These ecosystems serve an integral role in Martin County, with potential to benefit eco-tourism, public parks and preserves, wildlife, and adjacent local businesses. It was recommended in the 2014 Martin and St. Lucie Regional Waterways Plan to seek designation of local paddling trails as Blueways, partnering with FDEP and with paddling groups and organizations to enhance the paddling experience for both residents and visitors. This item would fulfill that recommendation made in the Regional Waterways Plan, and highlight the county s natural resources along our coasts. ISSUES: The designation itself will have no fiscal impact. In the event that part of the designated trail becomes blocked or impacted by navigation hazards, Martin County will coordinate with appropriate agencies to coordinate and/or fund the removal of the hazard. These costs will be on an as-needed basis and likely absorbed into the operations budget of the Ecosystem Division. If costs cannot be absorbed, Martin County will pursue grants or other cooperative relationships for removal of any hazards as they happen. LEGAL SUFFICIENCY REVIEW: 808b of 27

3 To the extent this item contains legal issues, it has been reviewed for legal sufficiency, though it is primarily a matter of Board policy. RECOMMENDED ACTION: RECOMMENDATION Move that the Board approve the application for designation of portions of the St. Lucie and Indian River Lagoon as a State of Florida Designated Paddling Trail, authorize the County Administrator to sign all documents associated with application, and authorize staff to transmit designation application and associated documents to the Florida Department of Environmental Protection s (FDEP) Office of Greenways and Trails for consideration by the Florida Greenways and Trails Council. ALTERNATIVE RECOMMENDATIONS Take no action. FISCAL IMPACT: RECOMMENDATION No fiscal impact associated with the designation. ALTERNATIVE RECOMMENDATIONS No alternative recommendations. DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter Contract / Agreement Grant / Application Notice Ordinance Resolution 2 Other: Application for Designation of Public Lands or Waterways; Management Certificate ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA X LEG 808b of 27

4 DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF GREENWAYS AND TRAILS MANAGEMENT CERTIFICATE FOR DESIGNATION OF LANDS OR WATERWAYS AS PART OF THE FLORIDA GREENWAYS AND TRAILS SYSTEM TO: RE: Office of Greenways and Trails Department of Environmental Protection 3900 Commonwealth Blvd., Mail Station 795 Tallahassee, FL Indian River Lagoon and St. Lucie River Paddling Trails Name of Project Martin County, Florida Address or Location of Project FROM: Martin County Board of County Commissioners Name of Managing Entity Michael Yustin Name of Contact/Representative 2401 SE Monterey Road Address of Managing Entity Stuart, Fl City, State and Zip Code (772 ) (772 ) Telephone Number Facsimile Number Board of Trustees of the Internal Improvement Trust Fund Name of Owner of Property Proposed for Designation** 3900 Commonwealth Blvd. MS 100 Address of Owner of Property Proposed for Designation Tallahassee. Fl City, State and Zip Code (850 ) ( ) Telephone Number Facsimile Number ** Attach additional sheet(s) if more than one owner DEP Form #OGT-8 Effective July 10, 2003 Florida Greenways and Trails Program Management Certificate Page 1 of 2 Pages 4 of 27

5 The undersigned Managing Entity hereby ratifies and confirms: (1) That it is willing to manage the Project following its designation by the Department of Environmental Protection as part of the Florida Greenways and Trails System; (2) That management of the project will be based on and proceed in accordance with the terms and conditions of the following: (a) (b) Existing leases, subleases, management plans, licenses, easements or other agreements or encumbrances previously executed and currently in effect for any portion of the lands or waterways located within the Project; and A designation agreement to be negotiated among and executed by the undersigned Managing Entity, the Owner(s) of the lands or waterways proposed for designation and the Secretary of the Department of Environmental Protection, which designation agreement shall be subordinate to any existing leases, agreements or other encumbrances described in paragraph (a) above. (3) That in the event the undersigned ceases to be the Managing Entity of the Project or if the aforementioned designation agreement is amended, rescinded or otherwise terminated for any reason, the undersigned will notify the Department s Office of Greenways and Trails within five (5) business days following the occurrence of any such event. IN WITNESS WHEREOF, the undersigned has caused this instrument to be signed as of the date set forth below. MANAGING ENTITY Martin County Board of County Commissioners [Print Name of Managing Entity] By: Print Name: Title: Date: DEP Form #OGT-8 Effective July 10, 2003 Florida Greenways and Trails Program Management Certificate Page 2 of 2 Pages 5 of 27

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7 Resolution Paddlers is a group of kayakers that participate in organized kayak trips primarily in Martin, St. Lucie and Palm Beach Counties. Our membership at this time numbers 160, most of who reside in Martin and St. Lucie Counties and enjoy biking, hiking and social events as well as paddling. The club functions as a cooperative group. All activities the club engages in are dependent upon contributions made by club members. It is hereby Resolved: The members of Paddlers support the Florida Greenways and Trails Act. We would be proud to assist in the monitoring of local waterways which have been named Florida Designated Paddling Trails to the best of our ability. We will report to authorities designated in the USE plan any issues we observe regarding the designated trails. We will solicit volunteers from our membership as requested to assist the Trail Manager who will be maintaining the Trail. By: John Stiles, President Paddlers Board of Directors Dated: March 14, of 27

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15 MARTIN COUNTY CHAPTER FLORIDA NATIVE PLANT SOCIETY Po Box 233 Stuart, FL May 31, 2017 Dear Mrs. Small, I am pleased to provide this letter of support for the Martin County Board of County Commissioners (BOCC) application for a Paddling Trail designation through the Florida Department of Environmental Protection (FDEP) Office of Greenways and Trails. The Martin County Chapter of the Florida Native Plant Society sees significant botanical importance in the South Fork of the St. Lucie River which provides connections to the Intracoastal Waterway, water access inland, and a connection to Lake Okeechobee via the St. Lucie Canal (C-44). Additionally, the Indian River Lagoon is the most biologivally diverse estuary in North America. These ecosystems serve an integral role in Martin County, with potential to benefit eco-tourism, public parks and preserves, wildlife, and adjacent local businesses. It was recommended in the 2014 Martin and St. Lucie Regional Waterways Plan to seek designation of local paddling trails as Blueways, partnering with FDEP and with national paddling groups and organizations to enhance tourism benefits. The designation of the South Fork and Indian River Lagoon also has support from various members of the public, including the Paddlers Club, who have specifically requested this designation from county staff. Officially recognized Blueways would be beneficial to Martin County and the associated waterbased industries and community. On behalf of the Martin County Chapter of the Florida Native Plant Society, we strongly support the actions being taken for a Paddling Trail designation of the St. Lucie River Southern Fork and Indian River Lagoon Martin County portion. Sincerely, Ellen Broderick, President Martin County Chapter Florida Native Plant Society Preserving, conserving and restoring the native plants and native plant communities of Florida 15 of 27

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18 DEPARTMENT OF ENVIRONMENTAL PROTECTION OFFICE OF GREENWAYS AND TRAILS APPLICATION FOR DESIGNATION OF PUBLIC LANDS OR WATERWAYS AS PART OF THE FLORIDA GREENWAYS AND TRAILS SYSTEM PROJECT ELIGIBILITY Public lands and waterways located within the state may be designated by the Department as components of the Florida Greenways and Trails System upon compliance with the requirements of Section 62S-1.400, F.A.C. CONSENT OF LANDOWNER REQUIRED Section , Florida Statutes, provides that no lands or waterways may be designated as a part of the statewide system of greenways and trails without the specific written consent of the landowner. Furthermore, if public access is contemplated for any portion of the project, both the owner(s) and the proposed managing entity must provide the Department with written authorization detailing the public access permitted on the project. Accordingly, the sponsor of each project proposed for designation is strongly encouraged to communicate and collaborate with all potentially affected landowners and land managers throughout all stages of the designation process. GENERAL INSTRUCTIONS 1. All responses on the Application must by typed or legibly printed. If a particular item does not apply to the project, the proper response is Not Applicable. Do not leave a response area blank. 2. If additional space is needed for a response, indicate that additional sheets(s) are attached, and identify the information contained within each additional sheet by noting the Application item number to which it relates. 3. All Required Attachments listed in the next section of the instructions must be attached to and submitted with the application. 4. Applicants must submit an original Application, one (1) original of each Required Attachment and any other supporting documentation. DEP Form #OGT-6 Effective July 10, 2003 Florida Greenways and Trails Program Application for Designation - Public Page 1 of 4 Pages 18 of 27

19 GENERAL INSTRUCTIONS [continued] 5. Do not fax any portion of the Application or attachments to the Office of Greenways and Trails. All faxed information received that relates to a pending application will not be accepted. 6. The Application, together with supporting attachments and documentation, must be mailed or delivered to the following address: Office of Greenways and Trails Department of Environmental Protection 3900 Commonwealth Blvd. Mail Station 795 Tallahassee, Florida REQUIRED ATTACHMENTS The following items must be attached to the Application at the time of submittal: A. An Owner Consent, DEP Form #OGT-7, effective July 10, 2003, signed by each record title owner of the property proposed for designation. B. A Management Certificate, DEP Form #OGT-8, effective July 10, 2003, signed by the managing entity of the property proposed for designation. C. If available, photographs of various sites and features within the project that show typical landscape characteristics, labeled with location and orientation and cross-referenced to the location map described in the following paragraph. D. An accurate location map of sufficient scale and detail to clearly delineate all project property boundaries in relation to other area greenways or trails, county roadways, major topographic features (such as rivers, lakes and power lines) and local government boundaries (if any). The location map must state the length of trails and total project acreage, and should indicate points of interest or special features. When the project provides for public access to existing or proposed trails, the location map must identify the trail alignment, public access points, trailheads and facilities to accommodate the proposed types of public uses over the extent of the trails. DEP Form #OGT-6 Effective July 10, 2003 Florida Greenways and Trails Program Application for Designation - Public Page 2 of 4 Pages 19 of 27

20 APPLICATION FOR DESIGNATION OF PUBLIC LANDS OR WATERWAYS NAME OF PROJECT: PHYSICAL ADDRESS: COUNTY/COUNTIES: OWNER OF PROJECT: CONTACT: ADDRESS: Indian River Lagoon and St. Lucie River Paddling Trails Indian River Lagoon, South Fork of the St. Lucie River and St. Lucie River Martin County Board of Trustee of the Internal Improvement Trust Fund PLEASE NOTE: A completed and signed Owner Consent, DEP Form #OGT-7, effective July 10, 2003, must be attached to this Application at the time of submittal. Director, Division of State Lands 3900 Commonwealth Blvd. MS 100, Tallahasee, Fl TELEPHONE: ( 850 ) FAX: ( ) MANAGING ENTITY OF PROJECT: CONTACT: ADDRESS: Martin County Board of County Commissioners PLEASE NOTE: A completed and signed Management Certificate, DEP Form #OGT-8, effective July 10, 2003, must be attached to this Application at the time of submittal. Michael Yustin 2401 SE Monterey Road, Stuart, Fl TELEPHONE: ( 772 ) FAX: ( ) PROJECT SUBMITTED BY (Check one): OWNER X MANAGING ENTITY DEP Form #OGT-6 Effective July 10, 2003 Florida Greenways and Trails Program Application for Designation - Public Page 3 of 4 Pages 20 of 27

21 TYPE OF PROJECT (Check One): National park, forest or trail, preserve, seashore, wildlife refuge, wild scenic river, military reservation, Native American Lands, or other (describe): X State park unit, forest, recreation area, submerged land, wildlife management area, historical or archaeological site, ornamental or botanical garden, university system property, museum or other special feature site, public game area, preserve, or other (describe): The trail extends through Sovereign Submerged Lands. The Indian River Lagoon portion is within an Aquatic Preserve. Lands owned by a port authority, flood control district, water management district, navigation district or other agency created by general or special law (describe): Local government conservation or recreation land, urban open space area or other (describe): Please attach a location map and general description of the lands and/or waterways proposed for designation, including the length of trails, total acreage and points of interest or special features. If trails will be available for public access, please identify the trail alignment, public access points, trailheads, and facilities to accommodate the proposed types of public uses over the length of the trail(s). Photographs and printed brochures or other information may also be attached, if available. The undersigned hereby certify that the Project consists solely of Public Conservation or Recreation Lands or Waterways, as that term is defined in Section 62S-1.100(19), F.A.C., and that the undersigned will negotiate with the Office of Greenways and Trails to formulate and thereafter enter into a mutually satisfactory designation agreement to govern the Project s participation in the Florida Greenways and Trails System. SIGNATURES OF SUBMITTING PARTY(IES): OWNER X MANAGING ENTITY (CHECK ONE) DATE: DATE: DATE: Return Completed and Signed Application To: DEP Form #OGT-6 Effective July 10, 2003 Office of Greenways and Trails Department of Environmental Protection 3900 Commonwealth Blvd., Mail Station 795 Tallahassee, FL Telephone: (850) Florida Greenways and Trails Program Application for Designation - Public Page 4 of 4 Pages 21 of 27

22 Application to Designate Portions of Indian River Lagoon and St. Lucie Estuary as a State- Recognized Paddling Trail Martin County Board of County Commissioners July 25, 2017 Deborah L. Drum, Manager Ecosystem Restoration & Management Division 22 of 27

23 Background 14 Martin and St. Lucie Regional Waterways Plan ommended to seek designation of local ddling trails as Blueways al to utilize partnerships to enhance waterways ddling experience for residents and visitors and hance tourism benefits operative effort by the Martin County tropolitan Planning Organization (MPO) and gineering Department s Ecosystem Division 23 of 27

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25 Designation Process Request BOCC approval to submit application (today s requested action) Submit to Florida Department of Environmental Protection s Office of Greenways and Trails Considered by the Florida Greenways and Trails Council (anticipate October meeting) 25 of 27

26 Extensive Support from Diverse Stakeholders 7 80 Paddlers Club ity of Stuart Commission lorida Park Service artin County Metropolitan Planning rganization (MPO) artin County Office of Tourism and Marketing artin County Chapter of the Florida Native lant Society outh River Outfitters 26 of 27

27 equest for BOCC Action ove that the Board approve the application for esignation of portions of the St. Lucie and ndian River Lagoon as a State of Florida esignated Paddling Trail, authorize the County dministrator to sign all documents associated ith the application, and authorize staff to ransmit designation application and associated ocuments to the Florida Department of nvironmental Protection s (FDEP Office of reenways and Trails) for consideration by the lorida Greenways and Trails Council. 27 of 27