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complete agenda - Florida Department of Environmental Protection

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ARC Summary August 12, 2010<br />

Dr. Hilsenbeck, TNC, complimented DSL on the workplan, and also reported that the BJ Bar<br />

Ranch (on the less-than-fee list) had been purchased with Federal and water management<br />

district funding, so it could removed from the list.<br />

Mr. Stroh said he appreciated all the work, but as the “new guy”, it would be helpful to have a<br />

more thorough understanding <strong>of</strong> the carryover projects. Mr. Green said that he would like to<br />

see whatever DSL provides to Mr. Stroh. Ms. Poppell, Director, DSL, said she would be glad to<br />

meet with him, but she wanted to address his concerns, and <strong>of</strong>fered the following explanation <strong>of</strong><br />

when negotiations would continue in spite <strong>of</strong> a lower ARC ranking:<br />

- Appraisals had been ordered and <strong>of</strong>fers had been made for some lands that DSL need to<br />

follow through on, despite the new categorization and ranking process.<br />

- Some funds have to be held out for eminent domain legal proceedings (fees, interest, judicial<br />

decisions on amount).<br />

Ms. Ball thanked them for the work on this, but asked why there were no projects in the<br />

Substantially Complete category. Also she asked how the $2 million in emergency<br />

archaeological funds could be used. Ms. Poppell said that the emergency funds can only be<br />

used consistently with the criteria outlined in statute; e.g. Imminent threat <strong>of</strong> development. Mr.<br />

Stroh said that they supported the acquisition <strong>of</strong> the Windover Site, and that he had thought<br />

that, based on the ranking, it would be pursued. However, with the carryover, it would not be.<br />

They were being asked about the use <strong>of</strong> the emergency funds now because <strong>of</strong> this. Mr. Green<br />

asked if the emergency funds would be adequate to cover the cost <strong>of</strong> acquisition and Dr. Brock<br />

said they would. As for the Substantially Complete, there are no projects in that category<br />

because those projects have all been taken care <strong>of</strong> and removed from the list.<br />

Dr. Frederick echoed the support for acquiring Windover as soon as possible. Dr. Frederick<br />

said that in each case <strong>of</strong> the carryover projects, it seemed to him that each would be a case by<br />

case situation. He thought that these sorts <strong>of</strong> situations would continue, especially if ARC was<br />

ranking every six months. The ARC has to understand that there is no way to keep up. He<br />

asked for a white paper that addressed what warranted carryover in a project list. Dr. Brock<br />

said that this was called “good faith” and there was a policy paper written on that in the 80’s that<br />

they could resurrect and expand upon for ARC. That policy still applies. Dr. Brock also noted<br />

that, if acquisitions <strong>of</strong> properties within a project are certain to have a partner to share the cost<br />

<strong>of</strong> acquisition, that property might be pursued even if it was not on the list. The rule ARC<br />

worked with and approved does allow DSL flexibility, though a rationale would be needed.<br />

Mr. Green said that the ARC did not have information about these carryover projects when they<br />

were deciding on their ranking. He wondered if knowing about them would have affected his<br />

ranking decisions. Dr. Brock said that it has been done both ways. For some <strong>of</strong> the ARC<br />

members in previous rankings, knowing a project was a carryover made them place it more<br />

toward the top <strong>of</strong> the list. For others, knowing that it was certain to be carried over resulted in<br />

them placing a project more toward the bottom <strong>of</strong> the list.<br />

Dr. Frederick made the motion to adopt the workplan and place that action on the consent<br />

<strong>agenda</strong>. The motion was seconded by Mr. Gelhardt and unanimously approved.<br />

ARC ACTION: Dr. Frederick moved that this item be placed on the consent. The motion<br />

was seconded by Mr. Gelhardt. By a unanimous vote the motion was approved.<br />

CAPITAL IMPROVEMENT WORKPLAN<br />

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