HomeMy WebLinkAbout2009-040 BOARD OF COUNTY COMMISSIONERS
Wesley S. Davis Gary C. Wheeler
Chairman AVER C� District 3
District 7
Peter D. O 'Bryan
Joseph E. F/escher * � * District 4
Vice - Chairman
- - is rim � __ _-_ _ - ORIO�
- _ _ District 5
February 18 , 2009
Senator Mike Haridopolos
322 Senate Office Building
404 South Monroe Street
Tallahassee , FL 32399 - 1100
Senator Ken Pruitt
416 Senate Office Building
404 South Monroe Street
Tallahassee , FL 32399 - 1100
Representative Ralph Poppell
222 The Capitol
402 South Monroe Street
Tallahassee , FL 32399 - 1300
Representative Debbie Mayfield
317 House Office Building
402 South Monroe Street
Tallahassee , FL 32399 - 1300
Re : FDEP Requirement of Public Docks Removal from Boat Club Island
( Spoil Island IR25 ) in the Indian River Lagoon
Dear Senators Haridopolos and Pruitt and Representatives Poppell and Mayfield :
The Board of County Commissioners of Indian River County wishes to register with you
its dismay at the lack of cooperation from the Submerged Lands & Environmental
Resources Program of the State Department of Environmental Protection ( FDEP ) in
requiring the removal of public docks , which have existed for more than 40 years , from
Boat Club Island unless the County undergoes the expense of entering into a formal
Sovereign Submerged Lands Lease with the State .
Building A
1801 - 27"' Street
Vero Beach , FL 32960-3388
Telephone: 772-2264490 FAX: 772- 770-5334
Senator Mike Haridopolos
Senator Ken Pruitt
Representative Ralph Poppell
Representative Debbie Mayfield
February 18 , 2009
Page Two
Background
Boat Club Island ( a . k . a . Spoil Island No . IR25 ) is located in the Indian River Lagoon
in
central Indian River County . The island is owned by the State Board of Trustees of the
Internal Improvement Trust Fund ( BTIITF ) . From the mid 1960s through the mid 1990s ,
the Vero Beach Boat Club maintained boat docks and a picnic pavilion on the island . In
March 1996 , Indian River County took over management of the island , entering into a
10-year agreement with the State to manage the island facilities . Those facilities were
substantially damaged in the 2004 hurricanes . Three docks , currently in disrepair ,
remain at the island .
Indian River County ' s 1996 management agreement with the State formally expired in
2006 . Recently , FDEP staff advised that , for the County to reconstruct and maintain
facilities on Boat Club Island , the County would need to apply for and obtain a formal
Sovereign Submerged Lands Lease .
Due to the expense of obtaining a submerged lands lease ( i . e . , permit application fee ,
obtainment of a certified survey , identification and mapping of all submerged resources ,
development of a detailed management plan , annual lease fees ) , the County advised
FDEP that the County did not wish to enter into a formal submerged lands lease , but
instead offered to work with the State to repair the existing docks in the public interest .
FDEP staff responded to this offer by demanding that the County remove the docks or
the County would be "deemed to be engaged in an act of trespass on State lands, " in
violation of 810. 09, Florida Statutes, under threat of penalties .
Given current economic times and the public interest of restoring and keeping public
docks on Boat Club Island , the Board of County Commissioners is dismayed at FDEP ' s
threatening response and inflexibility in requiring a formal submerged lands lease ,
particularly for docks that have existed on Boat Club Island for more than 40 years .
Building A
1801 - 27`x' Street
Vero Beach, FL 32960-3388
Telephone: 772-2264490 FAX: 772- 770-5334
F,
Senator Mike Haridopolos
Senator Ken Pruitt
Representative Ralph Poppell
Representative Debbie Mayfield
February 18 , 2009
Page Three
The Board of County Commissioners requests your assistance in obtaining cooperation
from the FDEP in this matter , in the interest of citizens of Indian River County .
On behalf of the Board of County
Commissioners of Indian Fiver County
Bpi .
Wesley SVED ` vis , Chairman
WGC/ RMD/nhm
Attachment : FDEP letter dated 12/30/08
Building A
1801 . 27"' Street
Vero Beach, FL 32960-3388
Telephone: 772-2264490 FAX: 772- 770- 5334
� 4WOMIOM Florida Department of Charlie Crist
N31l 3�, Governor
Environmental Protect ' ` '
0 left Kottkamp
-.s4 Lt . Governor
a Central District Office ti CoAt
3319 Maguire Boulevard , Suite 232
'? 4 ' �1 Michael W. Sole
Orlando, Florida 32803 -3767 �`' '
- _ — -- c—� �'•� Sca clary
CERTIFIED MAIL
7008 1830 0000 5567 2819
Indian River County Board
Of County Commissioners ( IRCBCC ) OCD- ERF' - 08- 0596
C/o Roland Deblois
1840 — 25" Street
Vero Beach , Florida 32960
Indian River County - ERP
Spoil island IR25
MA- 31 - 115/BOT 31021686N
Grantee%�essee : Indian River County Board of County Commissioners
Dear Mr , Deblois :
This is to acknowledge receipt of your letter or, December 17 2008 which stated the County does riot
wish to pur:sur= an appJcation for a sovereign submerged lands ' ease for the structures sited
on Spoil
Island IR25 . Because management plans are rro longer 'valid fo .ins of State Lands authorization .
the
facility requires authorization through a Sovereign Submerged Lands Lease .
In view of the fact that the County is no longer interested in applying for a sovereign submerged
lands
lease , all structures located at Spoil Island IR25 must be removed by the IRCBCC . The Department will
grant the IRCBCC 90 days to remove all structures from over sovereign submerged lands . If all
structures are not removed by you may be in violation of Sections 253 . 77 and
373 . 422 , Florida Statutes , and may be deemed to be engaged in an act of trespass on State lands ,
and
in violation of Section 810 . 09 , Florida Statutes .
We appreciate your attention to this natter . If you have any questions , please contact Sirena Davila at
the letterhead address or call 407/894 -7555 , ext . 2246 , between the hours of 9 : 00 a . m . and 5 : 00 p . m .
Sincere,' Y , ( �
aron V`latkins
Environmental Specialist
Submar.ged Lands & Environmental
Resources Program
Dater
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'Alore Protection, Less Process '"
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