AGENDA

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

APRIL 25, 2000

Item 1 Minutes

Submittal of the Minutes of the March 14, 2000 Cabinet Meeting.

RECOMMEND ACCEPTANCE

Item 2 Four Disclaimers/Sarasota County

REQUEST: Consideration of four applications for disclaimers to four separate parcels of privately-owned lands, pursuant to section 18-21.019, F.A.C.

COUNTY: Sarasota

APPLICANTS: Richard Kandel, Trustee of the Robert S. Martin Trust Agreement; James C. Gettel; Ashridge Holding Ltd.; and J. Cary and Konstance J. K. Findlay

LOCATION: Section 27, Township 36 South, Range 17 East

STAFF REMARKS: The four applicants are requesting the issuance of disclaimers pursuant to section 18-21.019(4), F.A.C., Applications for Lands Lost Due to Avulsion. An avulsive event is the sudden or perceptible loss of or addition to land by the action of water, or a sudden change in the bed of a lake or the course of a stream. In 1997, coastal armoring was constructed on the property adjoining the subject lots in response to long-term erosion of the inlet shoreline. The Department of Environmental Protection (DEP) authorized the construction of these structures in accordance with section 161.053, F.S. The presence of this armoring appears to have contributed to quantifiable beach losses and shoreline escarpment on the subject properties. This sudden loss of lands occurred in some areas at a rate of five feet per week. In an effort to control this loss, the applicants have asked for disclaimers from the Board of Trustees for the area that was lost, which will place their lands to their original plat lines.

Staff has determined that all of the criteria in the rule have been met for the four parcels. These include: proof of ownership; the necessary proof that the loss happened less than five years prior to the date the application was filed; documentation supporting the fact that the loss was due to an avulsive event(s); documentation supporting the location of the mean high water line prior to and after the avulsive event(s); and a legal description showing that the quantity of land does not exceed one acre.

A consideration of the status of the local government comprehensive plan was not made for this item. The DEP has determined that the proposed action is not subject to the local government planning process.

(See Attachment 2, Pages 1-30)

RECOMMEND APPROVAL

Item 3 TNC Assignment of Option Agreement (Petro)/Perdido Pitcher Plant Prairie CARL Project

REQUEST: Consideration of the acceptance of an assignment of option agreement to acquire 66.6 acres within the Perdido Pitcher Plant Prairie CARL project from The Nature Conservancy, Inc.

COUNTY: Escambia

LOCATION: Section 11, Township 03 South, Range 31 West

CONSIDERATION: $562,446.32 ($546,516 for the acquisition; $15,930.32 for the purchase of the option agreement)

    APPRAISED BY   SELLER’S TRUSTEES’

REVIEW     Martin APPROVED PURCHASE PURCHASE OPTION

NO.  PARCEL ACRES (10/14/99)  VALUE   PRICE   PRICE   DATE

000701 Petro  66.6 $564,000 $564,000  * $546,516 60 days after

          BOT approval

* The sellers have owned the property for more than five years.

STAFF REMARKS: The Perdido Pitcher Plant Prairie CARL project is ranked number 5 on the CARL Priority Project List approved by the Board of Trustees on February 9, 1999, and is eligible for negotiation under the Division of State Lands’ (DSL) Land Acquisition Workplan. This project contains 6,885 acres, of which 2,921.2 acres have been acquired. After the Board of Trustees approves this agreement, 3,897.20 acres or 57 percent of the project will remain to be acquired.

Pursuant to a multi-party acquisition agreement entered into between the DSL and The Nature Conservancy, Inc. (TNC), TNC has acquired an option to purchase this parcel from Emile T. Petro, Jr. and Emile T. Petro, III. After this acquisition is approved, the Board of Trustees will acquire the option from TNC for $15,930.32, which represents agreed upon compensation to TNC for overhead associated with acquiring the option. The assignment of option agreement provides that payment to TNC is contingent upon the Board of Trustees successfully acquiring the property from the owners. The assignment of option agreement further provides that in no event will the purchase price for the option and the purchase price of the property exceed the DSL approved value of the property.

All mortgages and liens will be satisfied at the time of closing. There are several easements encumbering the property along with outstanding oil, gas and mineral interests. The easements include a borrow pit, a sign easement, an overhead distribution easement to Gulf Power Company and an ingress and egress easement on the northernmost 15 feet of the property. All easements and encumbrances were taken into consideration by the appraiser in his determination of value. The Division of Recreation and Parks (DRP), the future managing agency, is willing to manage the property with the encumbrances. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the Department of Environmental Protection (DEP) the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them as appropriate. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for these and any other title issues that arise prior to closing.

A survey, a title insurance policy, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing.

The pine flatwoods and swamps west of Pensacola are interrupted by wet grassy prairies dotted with carnivorous pitcher plants, some of the last remnants of a landscape unique to the northern Gulf coast. Public acquisition of the Perdido Pitcher Plant Prairie CARL project will conserve these prairies and the undeveloped land around them, helping to protect the water quality of Perdido Bay and Big Lagoon, and giving the public a wealth of opportunities to learn about and enjoy this natural land.

This property will be managed by the DRP as part of the Tarkiln Bayou State Preserve.

This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 3, Pages 1-42)

RECOMMEND APPROVAL

Item 4 Suwannee County Option Agreement/Department of Corrections

REQUEST: Consideration of an option agreement to acquire 316.75 acres for the benefit of the Department of Corrections from Suwannee County.

COUNTY: Suwannee

APPLICANT: Department of Corrections (DOC)

LOCATION: Section 12, Township 03 South, Range 14 East

CONSIDERATION: $156,500 (The DOC’s share of the total purchase price of $332,587)

    APPRAISED BY   SELLER’S TRUSTEES’

REVIEW     Candler APPROVED PURCHASE PURCHASE OPTION

NO.  PARCEL ACRES (09/21/99)  VALUE   PRICE   PRICE   DATE

000704 Suwannee  316.75 $348,000  $348,000 $332,587 $156,500 60 days after

 County      BOT approval

STAFF REMARKS: Identifying a need for a corrections facility in the Suwannee County area of the state, in 1993, Suwannee County (County) entered into an option agreement with W. K. Daugherty, the owner of the property. The option was extended several times with the County paying additional option money. In 1998, the DOC agreed to contribute $156,500 toward the purchase. At the time of the last extension, Mr. Daugherty advised the County that he would not extend the option and the transaction would have to close no later than March 7, 2000. Due to the limited time period to close on the property, the County decided to proceed to close, with a purchase price of $332,587, and then to convey the property to the Board of Trustees for the same price that the DOC had agreed to contribute. Title to the property acquired will vest in the Board of Trustees. Funds for this acquisition were appropriated by the 1998 Florida Legislature and are still available.

All mortgages and liens will be satisfied at the time of closing. In the event the commitment for title insurance, to be obtained prior to closing, reveals any encumbrances which may affect the value of the property or the proposed management of the property, staff will so advise the Board of Trustees prior to closing.

A title insurance policy and an environmental site assessment of the property will be provided by the DOC prior to closing. A survey of the property has already been provided by the County.

This property will be managed by the DOC as a corrections facility.

This acquisition is consistent with section 187.201(07), F.S., the Public Safety section of the State Comprehensive Plan.

(See Attachment 4, Pages 1-21)

RECOMMEND APPROVAL

Item 5 Barbara Wray Suggs Option Agreement/Cunningham Key Greenways and Trails Project

WITHDRAWN FROM THE NOVEMBER 9, 1999 AGENDA

REQUEST: Consideration of an option agreement to acquire 14.44 acres within the Cunningham Key project under the Preservation 2000 Florida Greenways and Trails program from Barbara Wray Suggs.

COUNTY:  Pinellas

APPLICANT: Department of Environmental Protection, Office of Greenways and Trails

LOCATION:  Section 32, Township 32 South, Range 16 East

CONSIDERATION:  $714,000 ($514,000 Board of Trustees’ share; $200,000 Pinellas County’s share)

    APPRAISED BY   SELLER’S

REVIEW     Sawyer Crockett APPROVED PURCHASE PURCHASE OPTION

NO.  PARCEL ACRES ( 02/21/98) (02/15/98)  VALUE   PRICE   PRICE   DATE

000705 Suggs 14.44 $714,000 $673,200  $714,000  *  $714,000 150 days

        after BOT

* The property was received in a settlement in 1990.    approval

STAFF REMARKS: The Cunningham Key project has been identified on the Department of Environmental Protection (DEP), Office of Greenways and Trails’ (OGT) approved acquisition list. Pursuant to a multi-party agreement between the DEP’s Division of State Lands, the OGT and Pinellas County (County), this acquisition was negotiated by the County on behalf of the OGT under the Preservation 2000 Florida Greenways and Trails program. The project contains 14.44 acres, of which these are the first to be acquired. After the Board of Trustees approves this agreement, the project will be complete.

On November 9, 1999, this item was withdrawn from the Board of Trustees' agenda as a result of issues raised concerning zoning and land use plan designations for the property. While most of the site is unzoned, staff has reverified with the appraiser that the general area of the bait shop location is zoned P-1, General Professional Office District. While the County Future Land Use designation for the property is Preservation and Recreation Open Space, the appraiser understood in a meeting with County Development officials, that this land use designation would not play a role in a development plan of the upland area. Further, the County indicates that the Preservation land use classification should apply only to low-lying wetlands. The appraiser also confirmed that the County had indicated that the 1.17-acre upland area where the bait shop is located would most probably receive approval for development of a community-based, limited commercial or office type use. Based upon this information, there was a reasonable probability for the legal permissibility for a community-based, limited commercial/office use of the 1.17-acre upland area of the site.

The County has agreed to contribute $200,000 towards the total purchase price of the property. Title to the property will vest in the Board of Trustees.

The property is essentially unimproved land with an old frame building in poor condition that the appraiser indicates adds no contributory value. The County has agreed to have the building demolished at their expense. This property is considered to be a scarce commodity, a buildable commercial site with direct frontage and access to deep water and the Gulf of Mexico. There are few such sites remaining in Pinellas County.

All mortgages and liens will be satisfied at the time of closing. An existing survey of the property depicts that approximately 225 square feet of pavement for a toll tender’s parking space encroaches onto the southeast portion of the property. The option agreement states that the encroachment will be treated as a title defect. DEP staff will evaluate the encroachment in the closing process and resolve the issue in the most appropriate manner. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the DEP the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them as appropriate. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for this and any other title issues that arise prior to closing.

A title insurance policy, a survey, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser at the County’s sole cost and expense, prior to closing.

The acquisition of this important natural mangrove island would serve to protect it from development, dumping and abuse and to maintain it as a natural greenway along a length of the Bayway Trail. It would also benefit the community by enhancing alternative transportation uses, recreational opportunities, educational experiences and ecological conditions. The proposed acquisition will support operation of the Bayway Trail extension that will connect the Pinellas Trail to historic Fort DeSoto County Park. The extension of the Pinellas Trail across Cunningham Key to Fort DeSoto County Park will offer opportunities for hiking, jogging, bicycling, and skating. The paved trail will extend along the eastern side of State Road 679 between the roadway and shoreline mangroves.

The OGT will be the interim manager of the property with Tampa Baywatch as the long-term manager. The property will be managed as an extension of the Pinellas Trail across Cunningham Key to Fort DeSoto County Park.

This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

(See Attachment 5, Pages 1-33)

RECOMMEND APPROVAL

Item 6 Pre-Cut Timber Workgroup Recommendations/Implementation Strategy

REQUEST: Consideration of (1) recommendations from the technical workgroup for removing pre-cut timber from sovereignty submerged lands; and (2) a strategy for implementing the workgroup’s recommendations.

LOCATION: Statewide

APPLICANT: Department of Environmental Protection (DEP)

STAFF REMARKS: On December 8, 1998, the Board of Trustees approved procedures for the recovery of pre-cut sunken timbers from state-owned or sovereignty submerged lands, and directed DEP to report back to the Board of Trustees on all activities approved and undertaken pursuant to the new procedures.

On December 14, 1999, DEP submitted a status report on recovery operations. Because of unresolved concerns over the environmental impacts, DEP recommended a four-month moratorium on the issuance of any new use agreements, and modification of existing use agreements to only allow recovery authorized by existing regulatory permits. During the moratorium period, DEP was to work with the federal and state resource management agencies, the harvesters, and other interested stakeholders to:

• Conduct additional scientific investigations on the environmental impact of recovery operations in various watersheds, including impacts to threatened and endangered species;
• Monitor the impacts of currently authorized recovery operations;
• Develop recommendations for permit conditions and mitigation requirements; and
• Develop recommendations for stream restoration and protection needs.

The Board of Trustees approved staff’s recommendations and also directed DEP to establish a technical working group, to identify best management practices for removal of pre-cut timber and mitigation, and to develop an educational program for harvesters to complete as a condition of the use agreement. The Board of Trustees further directed staff to require the "posting" of permitted recovery sites.

DEP’s Environmental Assessment Section convened a technical workgroup, with representatives from the DEP, the Department of Agriculture and Consumer Services, Division of Forestry, the Fish and Wildlife Conservation Commission, the U.S. Fish and Wildlife Service, the Florida Audubon Society, The Nature Conservancy, and a private consultant representing several harvesters. The workgroup met on January 21, February 23, and March 6, 2000 (the February 23 meeting also included a field trip to observe a recovery operation), to develop specific recommendations for the continued recovery of pre-cut timber. In addition, DEP held a stakeholders’ meeting on March 31, 2000, to review the workgroup’s recommendations and other issues. Attached are the workgroup’s recommendations, summaries of each workgroup meeting, and a summary of the stakeholders’ meeting.

The workgroup’s recommendations involve four main elements:

• Dedicated Inspectors. OPS (temporary employees) environmental inspectors would be hired to conduct environmental assessments of permitted recovery sites, conduct harvester training, and verify compliance with best management practices and permit requirements. The workgroup agreed that two inspectors would be sufficient to provide the needed oversight for the 22 active use agreements and associated permits. The inspectors would be paid from revenues derived from the use agreement fees ($5,500 per agreement per year), which appear to be sufficient to cover the inspectors’ salaries, expenses, and equipment.
• Environmental Assessments. The inspectors will conduct pre-recovery assessments of each proposed river reach, accompanied by the harvester. During this assessment, habitat availability, bank stability, boat ramp conditions, etc., will be documented, and areas where deadhead recovery is specifically restricted will be mapped and flagged on site.
• Harvester Education. The harvesters will be trained in the practical aspects of environmental protection, including the recommended best management practices. After successfully completing training, the logger will be certified as a "Master Deadhead Logger." Additional training will be offered as needed, such as in-the-field training during the environmental assessments. At least one trained "Master Deadhead Logger" will be present during recovery operations.
• Random Inspections. The harvesters will be required to inform DEP inspectors where and when recovery operations will occur each week. Random inspections of each recovery operation will be conducted at least once per month.

At the stakeholders’ meeting questions were raised over implementation of the workgroup’s recommendations, especially as it relates to currently authorized recovery operations. In addition, comments and suggestions were provided on the specific recommendations. In response to the questions, comments, and suggestions, the DEP is proposing the following strategy for implementing the workgroup’s recommendations:

• Harvester Education/Master Logger Certification. DEP proposes to hold two "schools" in the summer and winter of 2000 during which existing authorized harvesters and proposed harvesters can be certified as master loggers. DEP will hold annual "schools" thereafter to certify and re-certify the master loggers. DEP will require existing use agreement holders and new use agreement holders to attend the first available school to become certified. Until the use agreement holder becomes certified, in-the-field training and education will be provided during the environmental assessments. Failure to become certified will result in revocation of the use agreement.
• Environmental Assessments. Pre-recovery assessments will be conducted prior to the issuance of any new regulatory permits, per the workgroup’s recommendations. The inspectors, in the company of the harvester, will conduct assessments of currently authorized recovery operations as soon as is practical. Such assessments will be based on the terms, conditions, and restrictions of the current use agreements and regulatory permits.
• Other Issues. Based on comments and suggestions received at the stakeholders’ meeting on pre-recovery notification and "posting" of recovery sites, DEP recommends that the workgroup’s recommendation be slightly revised. We recommend that the harvesters notify DEP each Friday of where and when recovery operations will occur the following week. Such notification shall be by facsimile (preferably) or by phone. The harvesters shall also prominently post signs near the recovery site, either on buoys or on the boat, to inform the public that the operation is authorized. The signs shall include the use agreement and regulatory permit numbers, along with phone numbers of the appropriate DEP inspector. Further, we also recommend that the harvesters keep a copy of the use agreement and associated regulatory permit(s) on their boats during recovery operations.

(See Attachment 6, Pages 1-36)

RECOMMEND (1) ACCEPTANCE OF THE WORKGROUP’S RECOMMENDATIONS; AND (2) APPROVAL OF A STRATEGY FOR IMPLEMENTING THE WORKGROUP’S RECOMMENDATIONS