184-1999 LTC
CITY OF MIAMI BEACH
CiTY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
hllp:\\ci.miami-beach. fl. us
LoT.C. No.
184-1999
LETTER TO COMMISSION
September 1, 1999
TO: Mayor Neisen O. Kasdin and
Members of the City Commission
FROM: Sergio Rodriguez
City Manager
SUBJECT: STATUS OF APPLICATION TO MIAMI-DADE COUNTY FOR FUNDS TO
ACQUIRE THE ALASKA PARCEL
Attached please find a legal opinion prepared by Assistant County Attorney, Robert Duvall, relative
to the City of Miami Beach's application for an EEL Grant for the Alaska parcel. For the reasons
cited in the legal opinion, the County administration did not give further consideration to the City
of Miami Beach's application to purchase the Alaska Parcel. Therefore, this grant request was not
awarded.
SR/C~ar
F:ICMGRI$ALLIRARIL TCIALASKAGR.ANT
attachment
c: Christina Cuervo, Assistant City Manager
Randolph Marks, Assistant Director, Community/Economic Development Department
Miguell Del Campillo, Director, Housing Division
Stacy Kilroy, Grants Writer
Russell Shreeve, Housing Specialist
AUG. 18.1999 4:38PM
DHDI::.. UJ DU~M
@MEMO
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Ramesh P. Buch. ERPS March 30, 1999 I
TO: Environmentally Endangered DATE: I '\ ,
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Lands Program SUBJECT: Miami Beach Alaska
I
Parcel Application!
Robert A Duvallft,sb Received by EEL !
FROM: Program.,
Assistant County Attorney Spring, 1999
the abo~:e::~~~~e:~~~~~t:e~~:$: ,:::~ :':-~~i~ ~:.mr~~- -- ~---
application to have the Alaska Parcel no' for the EEL Acquisition List as "buifer
land". ..-'- i ". ~j/ I" -~/ .
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I have reviewed the attached appIicati 'n and see nothing that even suggests ~t
this parcel would qualify as "buffer land," as that term is defined in Section 24A-3(5).
To qualify as buffer land a parcel must as a buffer to adjacent ~'environmen~
land," "Environmental land" is in turn defin ' in Section 24A-3(6), in pertinent part.ito
mean "land which contains natural forest or w and communities, ...." ! '\'" \
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There is nothing in the application fO suggest that this vacant parcel is : in
proximity to any environmental land, much 1 s adjacent thereto. Rather, the applicatipn
indicates that the property is bordered by Gov ent Cut. Bisca.yne Bay> a vacant parcel
and South Point Park. None of these are "envi nmentalland."
RAD/ip
Moreover. the intended recreational poses for the parcel if acquired do not.
come within the conservation purposes of the funty>s EEL Program. i
If you have any questions or would 0 I erwise like to discuss this matter furthJr,
please feel free to call me at 375-1311. ! :
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NU.~44 t-'..YL:J
CHAPTER 24A.
Code of Metropolitan Dade County
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ENVIRONMENTALLY ENDANGERED LANDS PROGRAM
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Chapter 24A
ENVmONMENTALLY ENDANGERED LANDS PROGRAM-
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.Cro.. refereDGelI-Dewlopml!lnt within CC1utal flood ~ dilltnctB, Ch. Uei fore$t fire protection, ~ 14-21 et Mq., enY.iron.
mental prot.ection, Ch. 24; III'C&II or critit:alen'linmmental concern, Ch. 33B. "'..
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ENVlRONMEN1'ALLY ENDANGERED LANDS PROGRAM
~ 24A-4
See. 24A.l. Title.
This chapter &hall be known Wi the Environ.
mentally Endangered Landa Program.
(Ord. No. 91-67, ~ 1, 7.9-91)
See. 24A.2. Legislative intent.
The historic loss, fragmentation. and degrada..
tion of native wetland aud upland forest eommu.
nities in Dade County ere Hwell"dOCUmented,"8iid
remaining native wetland and upland forest com-
Munities are collectively endangered.;-On May 8.
1990, the electorate or Dade County authorized
the county to ~ the am&titutional millage
limitation by levying an ad valOl"em tax of three-
quarters of one mil, for a period not to exceed two
(2) years; for acquisition. preservation, enhance-
1%1ent, restoration, conserv.ation and maintenance
of environmentaUy-endangered lands fOT tbp ben-
efit of present and future generations; and lim-
iting all USeD or. and all investment earnings on,
such le\lies to sueb purposes. It is the intent of the
Board of County Colnmisaioners of Metropolitan
Dade County to erta.blish the Environmentall,y En-
dangered Lands Program to implement this man-
date and to support its purposes to the fullest.
(Ord. No. 91-67, ~ I, 7-9-91)
Sec. 24A.3. DefinitiOl1S.
The following warde and phtases, when used in
this chapter, shall have the tnean.ings WiCI'1"bed to
them. in this section;
(1) Acquisition. proposal shalllne&n (a) par-
cel(li) of land wbich has/have been nomi-
nated or recOmmended for acquisition in ac-
cordance with proeedul'eli provided for
hereinbelow. .
(2) Acqu.isition. project shall mean (8) parcel(s)
of la%l.d approved by the Boanl of County
Commissioners for acquisition by the c;ounty
in accordance with procedures provided Cor
hereinbelow .
(3) AncillaQ' land &hall mean that land which
is ac:ljacent to environmental land and wbich
is necessary to the management and pro-
tection of the environmental land for such
purposes as fence installation, access of
maintenance equipment. firebreaks,
parking, or other management activities
which are indicated in the management fea-
sibility evaluation.
(4) BOn4 {i.tk organization ahall mean an orga-
nization which has an elected board or die
rectors, ha.s adopted a charter, by-laws, or
rules or procedure, conducts a metlting of
its memberlihip at least annually, and
__. "YJ'~}J~p~ in_~~j.D":PM~Co.lU1tY-----_._----- -
far at least two (2) years priDr to the adop-
tion of the ordinance itom which t}W;
. chapter derives. "'". -,: . ~ ~'/i
(5) Buffer lDn.d &hall mean that land which is
aQjacent to public:ly-owned environmental
land or to an environmental land acquisi-
tion proposal or project, or that land which
is an inholding within publicly-owned en-
vironmental land or within an en~n-
mental land acqui.aition proposal or proje~t.
and which, if not acquired. would threaten
the environmental integrity oUhe existing
resource, or if acquired, would enhance ~he
enviromnental integrity of the resoura.. :
(6) 8nvil"Onmentalland shall mean that land
which contains natural forest or wetland
comm.unities. native plant communities;
rare and endangered. Dora and fauna, en-
demic Bpeeies, endangered .species habitat.
a diversity of species, Of Qutstanding geo-
logie or other natural feat~res. or that land
which functions as an integral. and . GU1i-
taining component of an existing ecosystem.
(7) M~emenl lihall mean the preServation,
enhancement, restoration, con&ervation.
momtoring. or maintenance of the natural
resource values of environment.ally.
endangt:red lands which have been acquired
0'1' approved Cor management under the En.
vironmentally Endangered Landa Program.
(Ord. No. 91.67, fi 1, 7-9-91) '1,'",
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See:. 24A.4. Environmentally Endangel'c,d
Lands Program established.
The Metropolitan Dade County Environmen-
tally Endangered Lands Program (hereinafter re-
feITed to 88 the EEL Program) is hereby estab-
li6hed to acquire, preserve, enhance, re5tore,
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DADE COUNTY .coDE
conserve, and maintain threatened natural farest
and wetland couununitielJ located'in Dade CoUnty.
far the benefit ot present and future generations.
The County Manager shall administer this pro-
gram in accordance with the procedures and cri-
teria provided Cor hereinbelow.
(Ord. No, 91.67, ~ 1,7-9-91)
See. 24A..s. Purpose.
The purpose of the EEL Program Gball be:
(1) To acquire enviromnentally-endangered
lands which c:ontJdn natural forest Or wet-
land communities, native plant communi.
ties, rare and endangered flora and fauna,
endemic species, endangered species hab-
itat. a'divenity af species, Or outstanc1ing
geologic or other natural features;
(2) To acquire environmentally~enaan.gered
lands which functiOn Wi an,mtegra1 and BUS-
'taining eomponent of an.existing :natmal
system;
(3) To protect enviroIUtientally-enClangerea
lands whieh me publicly owned :by ac-
quiring inholaings or aCijacent properties
which, if not acquired. would threaten the
environmental integrity of the existing re-
s~nn-c:e. or which. if acquired. would enhance
~e environmental integrity oUhe resource;
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(4) Tp implement the objectives and polic:ies oC
~~ Comprehensive Development Master
~ CO!" Metropolitan Dade County wbich
have been promulgated to preserve and pro-
~ enW'omnental protectioQ. areas desig-
nated in the Plan and other natural forest
resources, wetlands. and endangered ape-
ci~ habitat;
(5) To identify Dade Count;TB best and most
endangered en'Vironmentallands Cor acqui-
sition and management by evaluating the
biologieal characteristics and viability or'the
resource, the vulnerability of the reBOurce
to degiaqation or destroclion, and the fea-
sibility of managing the resource to main-
tain its natural attributes;
(6) To nla.nage environmentally-endangered
lands with the primary objective of main.
taming and preserving their natural re-
source values by employing management
techniques that are most appropriate for
eaeh native conununity so that our naWral
heritage may be preserved for present and
future generationsj
(7) To use the .acquired sites, where feasible
ribin finanlial constraints and with min-
imal riak to the environtnental integrity or
the rite, to.educ:ate Dada.County's-._--
sc:hool.age population and the general",
public: about the uniquenel.iij ~ imPO~i.~~'"
tanee of Dade County's subtropical ecoS)'6'
terns and natural communitiesj and
(8) To cooperate actively with other acquisi-
tio~ conservation, and resCl1.lrCe manage-
!Dent programs. including, but not limited
to, such progr.ams as the State DC Florida
Conservation and Recreation Lands pro- gnun, the Land Acquisition Trust Fund. and
SaV'e Our Rivers. progranl, where the pUl"-
130ses at such programs are coDaistel1t with
the.purposes oftbe EEL Prognml-Bs stated
'hereinabove. ";;.~~;:~'
(Ord. No. 91-67, ~ 1, 7.9.91)
Sec. 2(A.6. Environmentally Endangered
Lan~ Trust Funds.
(AJ Creation oftlu! EnviromnentaUy En.d.anlJered
lAnds Acquu.ition Trust Fund. '
(1) There is hereby created the Environmen-
tally Endangered Lands Acquisition Trust '"
Fund (hereinafter referred to as the EEL "', ..
Acquisition Trust Fuod) for use in a..cquiring
environmentally-endangered lands in Dade
County. The Finance Director is hereby au-
thoxjzed to establish the EEL Acquisition
Trost Fund and to receive and disburlie
monies in accordance with the proyU;iODS of
tbis section.
(2) The EEL Acquisition Trust Fund shall re-
ceive monies Crom the following sources:
(al All revenues collected by the County
Tax Collector pursuant to the extraor.
dinary millage of three-quarters of one
, mil of ad valorem tax levied in 1990
and 1991. as approved by referendum
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ENVIRONMENTALLY ENDANGERED LA.NOS PROGRAM
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on M~ 8, 1990, ~cept for those reve.
nues dedicated to the Environmentally
Endangered Lahds Manage%nent Trust
Fund provided for herein by Section
2M-6(B)(2).
(b) All monies aecepted by Metropolitan
Dade County in the form. of federal,
State, or other governmental grants,
alloeations. or appropriatiOhS, as well
as ~At:ion or private-grants and
donations faX' acquisition of
en\J"irmunentall,y-endangered lands as
provided' for bytlim section:
(el S1.LI:h additional sJIocations as tnay be
}Dade- bythe:Baard of County Commis-
sionen;: ftom time to time for the pur-
poses.Bet forth herein.
(d) All intetestgenerated. from the sources
identifi~&iir.seCt:ion 24A.-6<A)(2)(a)1 (b),
and (e)' he1'einabove, eXCelpt where
monies recefiT.ed: have' been otherwise
designated or' restricted.
(8). The EEL Acquisition: Trust Fund shall be
maintained in trust by. the ,Board of County
Conunismoner& solely for the purposes. set
forth herein. in a separate aDd segregated,
fund of the County which will not COm-
mingle with other County funds until dis-
bursed for an.authorized purpose pursuant
to Section 24A.6(A)(4).
(t') Disbursements from the EEL Acquit;ition
Trust Fund shall be made only for the Col.
i lowing purposes:
i
(a) .Acquisition of properties which have
been approved for p1U"Chase by resolu-
tion of the Board of Count;:, Commis-
sioners in accordaneEl with the provi.
llions aCSectians 24A.a ~ugh 24A.12.
(b) All costs associated with each acquisi-
tion including, but not llinited to, ap-
praisals, SUIVeyS, title search 'work, real
property taxes, documentazy stamps
anq surtax tees, and other transaction
costs.
(c) Costs of administering the EEL Pro-
graml which will be funded from the
interest proceeds of the EEL Acquisi-
tion Trost Fund until $Uch time as the
fund is closed.
~ 24A.6
(d) Supplementation of the Environmen-
tally Endangered Landa Managenumt
Trost Fund. but only by resolution of
the Boaro of County Commissioner:!.
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(5) Where any property acquired with EEL Ac-
quisition Trust Fund monies ia leased or
60ld by the County, the proceeds frOlD said
lease or sale shall, as determined by the
BotY'.d..Q(.~ty CQmmif:~auers..be..cm:n"'-, ----- -
.... D.1ittad either to the EEL Ac:qui&ition Trust
Fund or to the EEL Management Trust
Fund Cur the purposes pi'riiaed Caine-rein.
Such proceeds shall neither be committed
to any other fund, nor be used Cor any other.
purpose.
(Bl Creation oftk Enuironmentally EndLmgued
lAJuJ.s Management Trust Fund.
(1) There. is hereb)' created; the. Environmen-
tally Endangered'Lands ManageMent.Trust
Fund <hereinal'tar. referred to aa the EEL
Management:Tn1st: Fll1dl for the-preserva-
t.ion, enhSIlcelDent;. restoration',cmulerva-
tion and maintenance'of environmentally-
endangered lands-.which either have been
purchased with monies from' the EEL.. Ac.
quisition Trust Fund (established pursuh1~
to Section 24A-6(A)), qr have.otherwise been
approved for management pursuant to Sec.
tion 24A-8(2). The Finance Director is
hereby authoriz:ed' to establish the EEL
Management Trost Fund and to recave and.
disbu:rse manies in BCCOl"dan(:e with the pro., '
visions of this liection.
(2) The EEL Management Trust Fund shall re-
ceive monies from the following GOurees:
(a) A principal in the amoWlt or ten mil-
lion dollars ($10,000,000.00) from those
revenues collected by tbe County Tax
Collector pursuant to the extraordinary
millage of three-quarters of'one mil of
ad valorem tax levied in 1990 and 1991,
as approved by referendum on May 8,
1990, The principal may be increased
as a result of a specific grant, donatioll.
allocation or appropriation therefor. .
(b) All tnonies accepted by Metropolitan
Dade County in the form of federal.
State. Or- other govemrnental granh....
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~ 24.A-G DADE COUNTY CODE
allocations,' or appropriations, as well
as foundation or private grahts and do.
tIations, for management of lands ac-
quired with tlte EEL Acquisition Trust
Fund or othetwiae approved Cor man-
· . agement pu!1>11IU1t to Section 24A-8(2).
Unless otherwise 6tated at the time 'of
aec:eptance, all grant and donation
monies l'ecei'\"ed and the interest there-
from shall not be part or theprinc;ipal... ..
and shall be avaBab1e for disbursement.
in acoo:dance,wit,h SeCtion 24A.~4).
eel Such additional aUociti,oilip'Jiii.y be
tnade by the Bo8.1'd of County Commis.
sioners from time to time., including al.
locations from existing trust funds or
mitigation fund~, or apeci8l allocations
from the EEL Acquisition Trust Fund
as pro~ed for in Section 24A.6(A)(4)(d).
Unless otherwise stated at the time of
the allocation, all allocations received
shall be available for disbursement in
accordance with Section 24A.-6(B)(4).
(d) Ail interest generated from the sou~
id!IDtitred in Sections 24A-6(B}(2)(a), (b),
and (c) hereinabove, except ~:here
monies received have been otherwise
designated or ~tricted.
(3) Tbe EEL Management Trust Fund shall be
kept and maintained in trust by the' Board
of CQunty Commissioners solely for the pur-
pOses set forth herein, in a separate and
segregated fund of the County which will
not commingle with ather County funds
. ~tU di!Jbursed fOf en authorized purpose
Pf'suant to this section. '
(4) Qisb111'8em.ents from the EEL Manapment
Trust Fund $hall be made by the County
,Ma:nagei'only.'in ~rdance'with this sub-
seetion 24A-6(B)(4}.' .'
(8) No disbursements shall be made Crom
the principal established under Sec.
tion 24A-6CB)(2)(a) except by ordinance
amending this subsection.
~) Disbul'Sements shall be made only Cram
those monies defined in Section 24A.
6(B)(2)(b), (c). and (d) hereinabove.
(c) Disbursements shall be made only for
the preservation. enhancement, resto-
ration, conservation or maintenance of
those environmentally-endangered
lands which have been acquired with
%nonies Crom the EEL Acquisition Trust
Fund or which have been approved. (or
management pursuant to Section 24A.
8(2). Disbursements shall be made in
accordance witb (a) project manage-
ment plan(s) wbic:b has/ha.ve been ap-
. proved pursuant to ~SectiDn24A-13;' ,. , .--
(Ord. No. 91,67, fi 1, 7T9.91)
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See. 24A-7. Land Ac;quisition Selection Com. .
mittee.
(l) Land Acquisiti.(ln Selection Committee eJitab.
lished; quali(ication3 of members.
(a) There is hereby established an Advisory
Board in accordance with Sections 2.11.36
through 2-11.40 of this Code to be known as
the Metropolitan Dade County Land Acqui.
sition Selection Committee (hereinafter re-
, .
Cerred to as the LASCl.
(b) The LASe shall be composed or seven (7)
members and one (1) alternate member.
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(2) Method of appoin.tment; terms of member-
ship.
(a) The County Manager shall recommend to
the Board sixteen (16) candidates for the
seven (7) regulnr members' seats on the
LASe and the one (I) alternate member'6
seat. Preference will be given to candidates
who have a record oC service in environ-
mental or civic affairs in Dade County and
who have been recommended by one or more
boDa fide envirOnmental, civic, or profes-
sional organi~ations.
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(b) The Board of County Commissioners shall '., \
appoint, from the list or candidates recom-
mended by the County Manager, four (4)
tllembers and the altetnate to serve for two
(2) years and three (3) members to serve for
three (3) years. At the end of the two (2)
.years, the successors to the initial two-year
appointments sba11 be appointed for three
(3) years.
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(
(3) Quorum; conduct of Committee and rules of
procedure; meetings.
(a) A quorum of the COmn1ittee shall befi...e (5)
pel'$Oos.
(b) At its first meeting, the Committee ohall
establish its rules of procedure and shall
elect a Chairperson and a Vice-Chairper-
Bon. 'l11e Chairperaon and Vi(e-Chairper-
son shall be elected annually thereafter.
(e) The alternate member shall ~oy the same
privileges and responsibilities as the regu~
lar members. except I:hiit -the 81temated
member cannot 'Vote unless a regular mem-
ber is absent.
(d) An extraordinary majority of five (5) votes
. shall be required for determining &ites for
acquisition as provided {or in Sections 24A-9
through 24A-12 hereinbelow.
(e) The LASe sluill hold at least four (4} reg- '
. ular Olee~gs each year.
(i) Notwithstanding the pl'Ovisions of Sec-
tions 2-11.38 through 2-11.39 of the
Code of Metropolitan Dade County, any
member or alternate member of the
LASe who is ab8ent from three (3)
meetings in any one (1) year.. shall
forfeit membership and shall not be
eligible to be reappointed to the LASC.
In the event a member shall resign Or
forfeit his membership On the LASe, a
quorum of'the members in good stand-
ing may, by majority vote, elect the
alternate to become a permanent vot~
ing member.
(ii) Within thirty (SO) dRYS from thQ dl1b~ R
vacancy oecun;, the County Manager
shall recommend to the Board of County
Commissioners two (2) c:andidateB ,..00
meet the qualifications Bet forth in
Section 24A-7(2Xa) aboVe to fill that
vacancy. The Board. shall select one of
the two (2) candidates to nerve the
remainder of the tenu.
(4) Responsibilities of the Land Acquisition Se-
lection Committee.
(a) The primary responsibility of the LASe is
to recommend to the Board of County Com-
missioners a se;ni-annual tacquisition list
pursuant to Section 24.A--l0 hereinbelow.
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(b) In developing its recotnmendations. the
LASe shall act in accordance with tb,e
procedmes and requirements set forth in
Sections 24A-8 th:rough 24A-12 and in fur-
therance of the purpO&e8 of the EEL Pr0-
gram as set forth in Section 24A-5.
(e) The LASe may. from time to time, recom-
mend to the Board (or to the County Man-
ager, as appropriate) proposed expundi-
tures from the EEL Trust Funds; additional
selection or. acquisition.._policies.. ~PFoce-- h_ n'__
dures. standards, criteria, atrategies, E1c:bed.- .
ules. and programs; and other such mat;..
ters as may be n~ to fu.UID the
pwposes of the EEL Program.
Cd) At itli first meeting, or within fourteen (14)
days thereafter, the LASC shall recom-
mend action on those Dade County projects
which are ranked on the State of Florida
1991 Conservation and Recreation .Land
Priority List or which appear on the State
of Florida Land Acq\1isition Trust Fund
List with particular regard for the joint
acquisition of these projec:ta by the State of
Florida and the EEL Progr8%n, as set forth
in &-1262-90. Sa that the LASe may act
expeditiouslYt this recommendation is ex-
empted from the procedural requirements
provided for in Sections 24A-ll and 24A-
12, but shall be baaed upon the consider.
ations set furth in Sections 24A-8 and 24A.9.
(5) Limitation of powers of Committee. Tb,e
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LASe shall have no power or authority to cdIn!nit
Metropolitan Dade County ta any policies,' t()
incur any financial obligationu or to create any
liability on the part of the County. The actions
and recoIllDumdations of'the LASe are advisory
only and ,mau not be binding upon. the County
unless approved at adopted by the Board of County
Commissioners.
(6) ~nnination of~ Coqunitla. At such time
as there are insuflicient uncommitted funds..in
the EEL Acquisition Trust Fund'to conclude &n-
other acquisition and all aCqUisition projects have
been closed, the LASC shall report to the County
Commission that ibi business is concluded. All
remaining EEL Acquisition ~ Fund, monies
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shall then be transferred to the EEL Management
Trust Fund and shaU be added to the principal
thereof as provided for in Section 24.A-6(B)(2)(a).
(Ord. No. 91-67, fi 1, 7-9-91)
Sea. Z4A-8.. Properly eligible fQr a~quisition
aDd, mauag~m.ent.
(1) Properties eligible to be considered for ac-
quisition and management uncler the EEL Pro-
gram shall be only environmental land; ancillary
land. and bu1fer land.
(2) Any environmental, anc:iUary, or buffer land
not on the acquisition list which is offered for
conveyance or donation to Dade County and is
pt'Oposed for management by the EEL Program
shall be evaluated as provided for in Section
24A.9 hereinbelow and may only be accepted and
approved for znanagement under the EEL Pro-
gram by resolution of the Board oC County Com-
missioners.
Any land on the Priority AAcquis~tion List which
is owned by a public ~cy where said agency is
willing and able to l~ase the properly to Dade
C9unty for a"term not less than thirty (30) Ye1\rS
may be accepted and apPrOved for management
und~ the EEL Prognun by resolution of the
Board of County Commissioners. Upon approval
fOt' management under ihe EEL Program, the
said public entity must agree to, and execute, a
'" covenant l''''n"i'lg with the land which provides
for continued maintenance of the property as a
natural presrn'Ye.
(Ord. No. 91-67, fi 1,7-9-91; Ord. No. 95-220, ~ I,
12-5.95)
See, ~~9. Considerations tor evaluating
lands fQr acquisition and man.
agemeut;'EEL Program Man1lal.
(1) Evalua.tion of each acquisition praposalshall
be based upon the Co~owing considerations:
(a) The pril!lary considerations for evaluating
environmental land shall be:
(i) The biological value and viability of
the ~urcei '
(n) The vulnerability of ,the resource to
degradation or destruction; and ;.
SUJlp. No. 16
(iii) The requiremtlIlts (including costs) fot'
managing the resource tel maintain its
natural attributes, and the feasibility,
of meeting those management require- ~. \
menta .
Ancillary l~d shall be evaluated in con-
junction with the adjacent environmental
land.
(b) The primary considerations for evaluating
~uffer ~d_II~~ be: ' _.._"__
en The biological value and viability of
the envifomnentalland.;.,.. ,- "'~.'
(ii) The vulnerability of the buffer ~d to
4evelopment; and
(ill) The existing and potentiBl impact on
the environmental land if.the buffer
land were not acquired.
, (2) The Board of County Commissioners hereQY
approves and makes II parl hereof the Criteria for
Evaluating EEL Acquisition Proposals attached
hereto. The County Manager. pursuant to Section
4.02 of the Code of Metropolitan Dade County.j'
&b.a11 propose to the Board of County Commission~.
era an EnvimnmentaJ1,yEudangered Lands Pro-'\.'~."
gl'am Manual (hereinafter melTed to a!i the EEL. \
Program Manual) which shall be used as a guide
for implementing the provisions of this chapter, .
and shall include the criteria for evaluating EEL
. Acquisition Proposals which are adopted llereby.
COrd. No. 91-67. t 1, 7.9-91)
c. ,
{
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See. 24.4-10. Acquisition list.
The EEL Acquisition List shall consist of the
Priority AUst and the Priority B List and IIhall be
approved semi-annually by the Board of County
Commissioners in Ilccordanc.e with the proce-
dures Bet forth in Sections _ 24A-U and 24A.12
hereinbelow.
(1) Pri4ril, A Lm.
(a) The Priority A List shall contain no.
more than ten Cl0) projects which shall
be se1ectad by the Board of' County
Conunissionern from those acquisition
proposals, which receiVe the highest
evaluations pmwant to the criteria '\.
p~ovided for in Section 24A-9 and for '~- ..
, 4.~4
c.~,
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"-'.
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~ 24A-12
f
which acquisition is feasible. No rank
order shall be assigned to Priority A.
projects. The County shall activelyp~
sue the acquisitipn of Priority A projects.
(b) A pr-ojeet shall be removed frorn the
Priority A List only after purchBfle by
the County, upon approval of the next
succeeding llcquisition list lIS prDvided
hereinbelow or by resolution of the
,Board of County Commissicners.
Projects removed from the Priority A
4st for any reason.ex~ept purchase by_.
the CDunty shall he placed on the Pri~
ority B List. ."
(2) Priority B. List. The Priority B list shall
contain all acquisition proposals which are
deemed worthy of acquisition based upon
the evaluation criteria provided in Section
24A-9, and which may feasibly be acquU-ed.
but which have not been assigned to the
Priority A Lilit. The County may not ac-
tively pursue acquisition of a properly on
the Priority B List unless the share of the
purchase price paid from the EEL Acquisi-
tion Trust Fund is nO more than fifty (50)
percent of the total purchase price of the
property or unless the seller donates fifty
(50) percent or more of the value of the
property as estimated in an appraisal re.
port prepared by an independent fee ap-
praiser and accepted by the County.
COrd. No. 91-67, ~ 1,7-9-91; Ord. No. 92-118, ~ 1,
10-13-92)
f
Sec. 24A.1l. Nomina.tion (jf acquisition pro-
posals.
(1) Public applications nominating properties
for- acquisition may be submitted on an annual
basis by any person I;)r organization, including
any federal, State, municipal, Or regional govein.
ment agency. Metropolitan Dade County applica.
nons nominating properties for acquisition may
be submitted on a semi-annual ba.sis by any
agency of Metropolitan Dade County.
(2) All nominations shall be made by filing an
application provided by the County Manager.
(3) The fir6t submittal of applications from
agencies of Metropolitan Dade County shall ot:cur
Sl.1pp. NQ. 16
no later than December 1, 1991. In 1993, the
application deadline shall be no later then ~une
30. Subsequent submittals lihall occur 1emi.
annually thereafter. .
(4) The finlt pu~~c application period Bh 1 be
opened within ten (10) months from the efti ctive
date of the ordinance from which this chapter
derives. In 1993, the application deadline sh8u be
no later than December 31. Subsequent submit-
tals shall occur annually thereafter. I
I
_n (~) ..t\~~~ypetiodBhall~ plJMded_each__- .----
year for the submittal of public: applications.
Public notice of the application period shall . be
given at least two (2) weekscbefote the-'pmod
opens and a second notice 6ha1l be given at least
two (2) weeks before the application period closes.
(6) If the applicant has all ownership interest
in any real property covered by an application for
proposed acquisition,. such in~t shall be-"dis-
closed in the stune manner as required of zoning
applicants by Section 33-304(a) of the Code of
Metropolitan Dade County. If the. applicant is
acting as agent Dr attorney for a principal, the
principal'a interest &hall be disclosed in the same
manner Wi required of zoning applicants in Sec-
tion SS-304(a) 'of ~he Cods of Metropolitan Dade
County. This subsection (6) shall not apply to
govenunental applicants.
(7) If the applicant does not have an om1ership
interest in the real property covered by an appli-
cation or if the a.pplicant is a governmental agency,
the n8ll1e and address oCthe owner as listed in the,
Property Appraiser's records shall be provided
with the application.
(Ord. No. 91-67, ~ 1,7-9-91; Ord. No. 92-154,.~ 1,
12-15-92)
See. 24A-12. Proeedure for Ilielection of ac-
quisition proposals for place-
ment on the acquisition list.
"-
(1) Upon receipt of a completed proPertY'nDm-
illation application. the County Manager shall
forward the application to designated otaff for
initial review.
(a) Upon completion of initial review, acquiei-
tion proposals accepted by the County Man-
.-ger shall be evaluated by staffbased upan
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the criteria provided In Section 24A~9. The
&taft' evaluation shall be cODlpleted. within
sixty (60) days of receipt by the County
Manager of the completed application.
(b) It upon initi'a! review, staff ftnd& that the
biological value of a candidate envinuunen-
tal land is low, that management is not
feasible, or that the proposed acquisitiOll
would not fulfill the pU1"pO$es of the EEL
Program set forth hereii?. the County Man~
ager shall be notified immediately and may
order that no furl:her evaluation baunder...- _ .
~en. Notwithstanding the' County
Manager's order, the LASC may, by e.xtraor-
fiinary majority of five C5fvotes, reqUire a
rmplete evaluation of said property.
(2) l\1pon cOlDpletion of the staff evaluation
proces~, the Environmentally Endangered. Lands
Project: Review Committee, created pursuant to
Sectio~ 24A-14 hereinbelow, &hall define the pre-
liminary bouudaries for each acquisition proposal
and sb8n assist the County M~agef in prepauing
hi.s recommendation On each proposal (or the
LASC. Within sixty (60) days of the completion of
this statrevaluation process, the County Manager
shall tnmsmit his recommendation to the LASC
along with a map of each site, a description oithe
biological characteristics of the site, a description
oftAe development potential oftbe site and adja-
cent land. IUl assessment of the' management
needs and tosts, the assessed value, and other
information as may be deetned relevant far each
prOJ!Olial evaluated.
(3) Within sixty (60) da,yo ofreceivingtbe County
Manager's traIulmittal, the LASC shall hold a
duly-noticed public h~lU'ihg to consider the reCOm-
mendations reganling each site, the applicant's
comments, and comments from the public. A COUl'-
tesy notice shall be provided to the owner(s) of
properties which are the subject of ~e hearing.
Failure to notify said owner(a) shall not invali-
date these proceedings.
(4) Within thirty (SO) days ofitG public heariug,
the LASe shall meet to adopt its recn~mended
acquisition lilii: for ccmsideration by the Board of
County CoDUllissioners as provided far in Section
24A-tO hereUiabove. In. developing its recommen.
dation, the LASe shall consider an information
Supp. No, 16
received from County staff, the County Manager's
reeommend.tion, information that has been sub.
mitted in writing through the date of the public::
hearing, and testimony received at the public
hearing. The LASe shall forward the tecom.
mended acquisition Hat tIS" the County Manage!'
for.scbeduling on the County CoD1D1iasion agenda
for consideration and action by the Board.
"
(5) Deadlines established in Sections UA,-l2(1)-:., \
(4,) hereinabove shall be waived in ptocessing
applications filed Ur 1992. __________
EOrd:.'No;.91~ti7,.~ 1';"7::9::91; -ora:-Nci~1f2=1541 f 2,
12-16-92)
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Sec. 24A..13. Managenumt plan and use of
environmentally eudangered
lands.
(1) No later than thirty (30) days from the date
pf acquisition, an interim management plan for
the property shall be submitted to the Environ~
mentally EndazJ.gered Lands Project Review Com-
mittee for approval. Upon approval, interim man~
agement plans shall be ilnplemented by the County
Manager; provided. howev~. that such interim
management planes) shall not be implemented for
more than two (2) years after acquisition of the
property.
(2) A ten-year management plan shall be pte-
pared for each pro~ acquired by the EEL
Program wbich Iiliall:
'\
(a) Identify such management acti'Vities as are '., \
necessary to preserve, enhance, restore,
conaoerve. maintain, or monitor the re-
source, as appropriate; and
(b) IdentifY such uses IlS are c:ansistent with
the preservation, enhancmnent. restora-
tion, conservation, end maintenance of the
resource; and
0,
(0) EstmuLte the annual costs of managing the
project.
(3) Annually, the ten.yeau- management plana
prepared during the precedmg year sba11 be'sub-
mitted to. the Board of County Commissiouem for
its approval. Each ten-year management plan
shall be updated at least every five (5) years from
"the last date. of Board' approval,' and may be
_ ~8mended as often ll!J.reqtiired~ Management plan
"
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AUG. 18. 1999 4:43PM
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ENVIRONMENtiLLY ENDANGERED LANDS PROGRAM
124.\.14
updates and amendments shall be submitted to
the Board of County Commi&&ioners for appro....al.
(4) All management plans shall be consistent
with the purposes set forth in Seetion 24A-5
herein, All propert1ea acquired or JUDDaged by the
EEL Progrmn shall be managed in accordance
with the approved managemlmt plan for that
property. '
(5) No UBe, infra..atrw:ttu'e. or i2nprovement shall
be permitted on any property. acquired. at' JlUU)..
aged under the EEL Program thafis inconsistent
with the purposes of the program or that is not
provided by an approved'"mmapment plan for
the property.
(Ord. No. 91-67, t 1, 7.9-91)
,-
See. 24A.14. Responsibilities of tbe man-
ager.
The County Manager shall facilitate such activ-
iti~s. designate such staff, and assign IlUch respon-
sibilities as are necessary to fulfill the purpos~ of
this c;hapter. The manager shall, at a minimum,
dol the following:
I
(1) Designate staffta evaluate acquisition pro-
posals in ac:cordance with the approved
criteria and prepare and implement project
management plans.
(2) Make recommendations to the LASe on
acqui~ition proposals.
(3) Designate an Enviromnentally Endangered
Lands Project Review Committee to Il.!lsist
with the coordination of w.terdepartmental
and interagency activities, to assist in the
preparation of recoDUD8ndations On ac:qui-
&ition proposals, and to approve interim
management plans. The Project Review
Committee shall be chaired by the County
Manager or his delrignee and shall iuc1ude
at leaSt one representative each from the
Departlnent of Environmental Resources
Management, the Park 8Ild Recreation De-
partment. and the Department (!f Plan-
ning, Development and Regulation.
(4) Designate a negotiation resource commit-
tee to develop negotiation strategies for
approved. acquisition projects, to monitol'
negotiations, and to aasiat in eoordinating
<:
Supp. No. 16
all activities relating to negotiations, "pp,r-
chase agreements and closings, a5 need8d.
Tbe Negotiation BesolUU ~n"'nittee shall
include at least one representative from
the Department DC Environmental Re-
sources Management, the Department of
DevelopmentIFacilities Management. the
Park and Reereation Departlnent, and the
Property Appraisers Offiee. The County
A1tomey Rhall also deSignate (a) raptesen--
.. tative(s). jjoserve_ em" t:he_Negotiatiou-Re-.--"
IiOuree Committee.
. (Ord. No. 91-67, t 1,7-9-91; Ord. No, 95-215, ~ 1,
12-5-95) ~,.- . ':.. .., ".Z/ )
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