AGENDA

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

SEPTEMBER 26, 2000

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Item 1 Minutes

Submittal of the Minutes from the July 25, 2000 Cabinet Meeting.

(See Attachment 1, Pages 1-45)

RECOMMEND ACCEPTANCE

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Item 2 Sarasota Yacht Club Recommended Consolidated Intent

DEFERRED FROM THE JULY 25, 2000 AGENDA

DEFERRED FROM THE SEPTEMBER 12, 2000 AGENDA

REQUEST: Consideration of an application for a modification of a five-year sovereignty submerged lands lease for an existing private yacht club docking facility to increase the number of wetslips from 84 to 108 and increase the preempted area from 182,086 square feet to 244,137 square feet, more or less.

COUNTY: Sarasota

Lease No. 580578403

Application No. 58-01620873-001

APPLICANT: Sarasota Yacht Club

LOCATION: Section 26, Township 36 South, Ranges 17 East, in Sarasota Bay, Class II Waters, within the local jurisdiction of the city of Sarasota

Aquatic Preserve: No

Designated Manatee County: Yes, without an approved manatee protection plan

Manatee Aggregation Area: No

Manatee Protection Speed Zone: No Outstanding Florida Waters: Yes

CONSIDERATION: $30,716.57 as the initial lease fee computed at the base rate of $0.1183 per square foot, and including the initial 25 percent surcharge payment for the additional area. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable.

STAFF REMARKS: The Board of Trustees authorized a rule amendment on September 14, 1995, to "link" the two processes of regulatory and proprietary reviews and authorizations. The rule became effective October 12, 1995. As a result of this linkage, the recommended Department of Environmental Protection (DEP) regulatory permit decision and the recommendation to the Board of Trustees on the proprietary authorization are contained in one document, the "Consolidated Notice of Intent to Issue," which is attached. The attached consolidated intent contains a recommendation for issuance of a permit under Part IV of chapter 373, F.S., and a recommendation for granting authorization to use sovereignty submerged lands under chapter 253, F.S., for the activity described therein. This recommendation is provided to the Board of Trustees pursuant to section 373.427(2), F.S. A description of the requested activity is provided in Section I, "Description of the Proposed Activity." The specific basis for recommending approval of the authorization to use sovereignty submerged lands is contained in Section III, "Background/Basis for Issuance."

Approval by the Board of Trustees is requested only for those aspects of the activity which require authorization to use sovereignty submerged lands. If the Board of Trustees approves

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Agenda – September 26, 2000 Substitute Page Two

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Item 2, cont.

the request to use sovereignty submerged lands, and the activity also qualifies for an environmental resource permit, the "Consolidated Notice of Intent" will be issued and will contain general and specific conditions. In the event the Board of Trustees denies the use of sovereignty submerged lands, whether or not the activity otherwise qualifies for an environmental resource permit, the DEP will issue a "Consolidated Notice of Denial" for both the environmental resource permit and the authorization to use sovereignty submerged lands.

The lessee is proposing to expand the existing 84-slip, private yacht club docking facility by constructing 24 additional slips, thereby creating a 108-slip facility. The initial lease was approved by the Board of Trustees on October 18, 1983. The most recent modification to the existing sovereignty submerged lands lease, approved under delegation of authority by the DEP on February 11, 1997, incorporated 142,986 square feet of registered, grandfathered structures into the existing 39,100 square feet, for a total lease area of 182,086 square feet. The proposed addition is 62,051 square feet, for a new total lease area of 244,137 square feet.

The upland facility consists of a clubhouse and dining room. The existing docking facility contains three docks extending an average of 280 feet into the waterbody. The proposed construction over sovereignty submerged lands includes: three 97-foot-long by 10-foot-wide walkout extensions from the existing docks; three 120-foot-long by 10-foot-wide terminal "Ts" at the end of each dock; and two 40-foot-long by 3-foot-wide catwalks at each dock.

The proposed project will have no impact on submerged resources. In addition, the water depths at the site of the proposed expansion are greater than -11 feet at mean low water. The types of vessels using the facility are recreational, ranging from 45 to 60 feet in length with a 4-foot draft.

The DEP environmental resource permit requires sewage pumpout facilities, prohibits liveaboards at the proposed slips (original permit does not prohibit liveaboards for the existing slips), and authorizes fueling facilities. The recommendations of the Florida Fish and Wildlife Conservation Commission regarding manatees have been addressed as specific conditions in the environmental resource permit.

This item is being presented to the Board of Trustees for consideration because the proposed expansion of slips exceeds the ten percent delegation of authority threshold pursuant to section 18-21.0051(2)(a), F.A.C.

A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, the Department of Community Affairs (DCA) determined that the plan was not in compliance. In accordance with the compliance agreement between DCA and the local government, an amendment has been adopted which brought the plan into compliance. The proposed action is consistent with the adopted plan as amended according to a letter received from the city of Sarasota.

RECOMMEND DEFFERAL TO THE OCTOBER 24, 2000 CABINET MEETING

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Substitute Item 3 Brickell Key Marina/Swire Properties Recommended Consolidated Intent

DEFERRED FROM THE JULY 25, 2000 AGENDA

DEFERRED FROM THE SEPTEMBER 12, 2000 AGENDA

Board of Trustees

Agenda – September 26, 2000 Substitute Page Three

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Substitute Item 3, cont.

REQUEST: Consideration of an application for a five-year sovereignty submerged lands lease containing 204,861 square feet, more or less, for a proposed private use, access restricted commercial marina.

COUNTY: Miami-Dade

Application No. 13-0132744-001

APPLICANT: Swire Properties, Inc.

d/b/a Brickell Key Marina

LOCATION: Section 07, Township 54 South, Range 42 East, in Biscayne Bay, Class III Outstanding Florida Waters, within the local jurisdiction of the city of Miami

Aquatic Preserve: Biscayne Bay, Resource Protection Area 1

Designated Manatee County: Yes, with an approved manatee protection plan

Manatee Aggregation Area: No

Manatee Protection Speed Zone: Yes, slow speed zone

Outstanding Florida Waters: Yes, Class III

STAFF REMARKS: The Board of Trustees authorized a rule amendment on September 14, 1995, to "link" the two processes of regulatory and proprietary reviews and authorizations. The rule became effective October 12, 1995. As a result of this linkage, the recommended Department of Environmental Protection (DEP) regulatory permit decision and the recommendation to the Board of Trustees on the proprietary authorization are contained in one document, the "Consolidated Notice of Denial," which is attached. The attached consolidated intent contains a recommendation for denial of a permit under Part IV of chapter 373, F.S., and a recommendation for denying authorization to use sovereignty submerged lands under chapters 253 and 258, F.S., for the activity described therein. This recommendation is provided to the Board of Trustees pursuant to section 373.427(2), F.S. A description of the requested activity is provided in Section I, "Description of the Proposed Activity." The specific basis for recommending denial of the authorization to use sovereignty submerged lands is contained in Section III, "Reasons for Denial."

If the Board of Trustees approves the request to use sovereignty submerged lands and the activity also qualifies for an environmental resource permit, a "Consolidated Notice of Intent" will be issued and will contain general and specific conditions. In the event the Board of Trustees denies the use of sovereignty submerged lands, whether or not the activity otherwise qualifies for an environmental resource permit, the DEP will issue the "Consolidated Notice of Denial" for both the environmental resource permit and the authorization to use sovereignty submerged lands.

The applicant is proposing to construct a 112-slip commercial marina facility on the western shoreline of Brickell Key Island, located just south of the mouth of the Miami River in downtown Miami. The lease area, 204,861 square feet, will be divided into three separate parcels, with two parcels located north of an 840-foot-long by 66-foot-wide private bridge connecting the island to the mainland, and one parcel on the south side of the bridge. Parcel One is the northernmost parcel and contains 10,301 square feet. Parcel Two is located immediately north of the bridge and contains 102,910 square feet. Parcel Three is located immediately south of the bridge and contains 91,560 square feet. The applicant owns 4,525 linear feet of shoreline on Brickell Key as verified by Dade County tax records. The marina will be used in conjunction with upland private residential units, a hotel (under construction), and some commercial activities. The applicant proposes to limit 46 of the 106 private slips for

Board of Trustees

Agenda – September 26, 2000 Substitute Page Four

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Substitute Item 3, cont.

powerboats, with remaining private slips for sailboat mooring only. Six slips in Parcel One will be dedicated to marine law enforcement vessels. Each slip is proposed to have a wastewater pumpout, connected to the island’s collection system. The applicant describes the marina as a "docks only" facility. No fueling or boat repair facilities, liveaboards, or other such activities are proposed. The applicant’s consultant has stated that the marina will be solely for the use of the island’s residents and guests of the hotel. Public access to the island is restricted. Vehicle or pedestrian access to the island is limited to the private bridge that leads to a manned security gate. During visits to the island, staff has noted no public parking areas. The application states that a water taxi also stops at the island. Currently, the upland uses are a combination of private residential units, offices, and commercial retail activities. A hotel is being built on the south end of the island near the proposed lease area.

A 3.5-acre public park is proposed near the marina on the west side of the island pursuant to a 1975 development order. The applicant proposes to retain approximately two feet of the riparian shoreline along the top of a seawall surrounding the island. In addition, a 20- to 30- foot-wide strip of upland located adjacent to and upland of the applicant’s two-foot strip will be conveyed to the City of Miami (City) for a public park. This conveyance is pending.

A wetland resource permit for a 53-slip marina was originally issued by the former Department of Environmental Regulation on May 28, 1985. A concurrent application for a sovereignty submerged lands lease was submitted on November 2, 1982, to the former Department of Natural Resources for processing. Because of an inability to adequately address the rule requirements of "extreme hardship" and "public interest", this application was subsequently deactivated. The applicant requested that the lease file be reactivated on January 25, 1989. The application was, however, again deactivated on September 25, 1990, because of the inability to meet the "extreme hardship" provisions of the rule.

The proposed project will be located on a bridged coastal island and is, therefore, not subject to the coastal island rule.

The proposed project will be located in Biscayne Bay Aquatic Preserve, established under section 258.397, F.S. As such, activities in this aquatic preserve must be consistent with the provisions of the statutes and rules governing the preserve. Section 258.397(3)(a), F.S., states that "No further sale, transfer, or lease of sovereignty submerged lands in the preserve shall be approved or consummated by the board, except upon a showing of extreme hardship on the part of the applicant and a determination by the board that such sale, transfer, or lease is in the public interest." In addition, section 18-18.006(3)(b), F.A.C., states "There shall be no further use, sale, lease, or transfer of interests in sovereignty submerged lands unless an applicant affirmatively demonstrates sufficient facts to support a finding by the board that: (i) an extreme hardship exists for the applicant at the time the application is filed; (ii) the use, sale, lease, or transfer of interest and the project planned in conjunction with the use, sale, lease or transfer of interest is in the public interest; and (iii) the project planned in conjunction with the use, sale, lease, or transfer of interest is consistent with these rules and management plans when developed for the preserve."

The purpose of the facility is to provide dockage exclusively for residents of the island and for hotel guests. The entire facility will be owned, operated, and maintained by Swire Properties, not the City. As such, the marina is an amenity associated with an upland, access restricted, commercial activity; owned, operated, and maintained by a private entity; with little, if any, access for the public at large. Section 18-18.004(7), F.A.C., clearly defines the project to be a private, "commercial/industrial dock" marina.

Board of Trustees

Agenda – September 26, 2000 Substitute Page Five

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Substitute Item 3, cont.

Staff is of the opinion that the proposed project contradicts the requirements of section 258.397(3)(a), F.S., and section 18-18.006(3)(b), F.A.C., which both state that leases in the Biscayne Bay Aquatic Preserve must meet the test of extreme hardship, as defined in section 18-18.004(11), F.A.C. The rule allows some latitude for projects which are a public necessity, when such projects are necessary to protect public health and safety and there is no alternative.

The applicant asserts that the project meets the extreme hardship test because the City is proposed to be co-lessee, which makes the marina a public project, and the City has endorsed the marina as part of a downtown revitalization, claiming it to be a public necessity. However, based on the submitted information, the City is not qualified to be a co-lessee since the City does not have the requisite riparian upland property interest required by statute and rule. After conveyance of the park property, the City still will not be a riparian upland owner, as the applicant will retain a two-foot-wide strip of property along the upland edge of the seawall. The applicant has also not shown public necessity, pursuant to 18-18.004(22), F.A.C., by demonstrating how this access-restricted commercial marina is required for the protection of the health and safety of the public. Furthermore, the applicant has not provided evidence that no other reasonable alternatives exist. Absent the demonstration of public necessity, the applicant has not provided any other demonstration of how the project meets the test of extreme hardship.

Section 18-18.006(3)(b), F.A.C., requires that a lease in Biscayne Bay must be in the public interest, pursuant to section 18-18.004(20), F.A.C., and defines such as demonstrating environmental, social, and economic benefits to the public at large, which would clearly exceed all similar cost.

Application of the balancing test results in the costs of the proposed marina exceeding the benefits. Costs include: private preemption of almost five acres of public land from public use; increased boat traffic congestion in and near a navigation channel; shading impacts to seagrass, macroalgal habitat, other hard bottom benthic communties; and potential impacts to the West Indian manatee. The Florida Fish and Wildlife Conservation Commission has recommended against a commercial or public marina at the site. Minimal benefits are expected. The primary benefit is a proposed conservation easement to extend along 4,106 linear feet of the island shoreline. However, this conservation easement is of limited value, since it is not likely that additional docking activities or facilities could be approved along the island. The applicant proposes to offset shading impacts by providing artificial substrate for new algal growth in another site within the project area. Staff is of the opinion that this project is not in the public interest.

In summary, staff’s opinion is that the proposed project will have no net public benefit and is not itself a public project, and meets neither the extreme hardship nor the public interest tests necessary for approval.

An objection to the project was received from Friends of the Everglades on August 14, 1998. The objection stated that the project did not meet the "extreme hardship" criteria of section 18-18.006(3)(b), F.A.C., and that the City did not have sufficient interest in the uplands to be considered a co-applicant or co-lessee.

A second objection to the project, in the form of a copy of a letter from the Save the Manatee Club (SMC) to the United States Army Corps of Engineers, was received on December 21, 1998. The objection stated that the project was not consistent with the Dade County Manatee

Board of Trustees

Agenda – September 26, 2000 Substitute Page Six

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Substitute Item 3, cont.

Protection Plan, that the project was not in the public interest, and the mitigation measures proposed at that time were insufficient to offset potential manatee impacts.

A third objection to the project was received from Miami-Dade County Department of Environmental Resources Management on September 14, 1998. The objection stated that the project would adversely impact manatees and was inconsistent with the Miami-Dade County Manatee Protection Plan.

A DEP environmental resource permit application has been processed concurrently with the lease application. Both applications were deemed complete on May 5, 2000. Based on staff’s recommendation to the Board of Trustees that the lease application be denied, and the concerns about the use of the facility and manatee impacts, staff will also recommend denial of the environmental resource permit application.

A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S. The Department of Community Affairs (DCA) determined that the plan is in compliance. The City has sent letters supporting the project. However, no local permits have been issued for the project.

(See Attachment 3, Pages 1-9)

RECOMMEND DEFERRAL TO THE NOVEMBER 29, 2000 CABINET MEETING

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Item 4 Delegation of Authority To Disclaim Lands Lost Due To Avulsion/Chapter 18-21.019, F.A.C.

DEFERRED FROM THE SEPTEMBER 12, 2000 AGENDA

REQUEST: Consideration of delegation of authority to the Secretary of the Department of Environmental Protection, or his designee, to issue disclaimers for privately-owned lands that were lost due to avulsion pursuant to section 18-21.019(4), F.A.C., where appropriate and delivering document(s) to the Board of Trustees for signature.

LOCATION: Statewide

STAFF REMARKS: 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. These events have created hardships on the landowner. Over the past six years, seven applications for disclaimers have been processed as a result of avulsive events caused by storms. Currently there are no disclaimer applications pending.

In an effort to expedite the process on future applications where there is no controversy or objection to granting the disclaimer, staff is recommending that these items be delegated to the Secretary of the Department of Environmental Protection, or his designee in the following manner. Staff proposes to process future applications by: (1) issuing disclaimers for avulsion pursuant to section 18-21.019(4), F.A.C., where there is no controversy or objection and delivering document(s) to the Board of Trustees for signature; and (2) placing those applications that are controversial or questionable on the Board of Trustees’ agenda for formal consideration.

RECOMMEND DEFERRAL TO THE OCTOBER 24, 2000 CABINET MEETING

Board of Trustees

Agenda – September 26, 2000 Substitute Page Seven

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Substitute Item 5 BOR/UF-IFAS/Anderson Bid Acceptance/Land Sale

REQUEST: Consideration of (1) a request by the Florida Board of Regents to sell a 15-acre, more or less, parcel of state-owned land in Washington County; and (2) acceptance of a bid submitted by Todd E. Anderson and Lorna J. Anderson, his wife, in the amount of $150,125.

COUNTY: Washington

Deed No. 30626

LOCATION: Section 01, Township 04 North, Range 13 West

CONSIDERATION: $150,125 to be deposited in the Institute of Food and Agricultural Sciences Relocation and Construction Trust Fund.

STAFF REMARKS: The 1987 Legislature charged the Florida Board of Regents with analyzing the effectiveness of transmitting the University of Florida, Institute of Food and Agricultural Sciences (IFAS) programs/research to industries in the state through extension services. The study was completed and approved by the Florida Board of Regents in January 1988 and recommended the development of comprehensive centers strategically located throughout the state to enhance the delivery of the IFAS food, agriculture and natural resource programs. In 1990, the Legislature passed chapter 90-148, Laws of Florida, authorizing the Florida Board of Regents, with the approval of the Board of Trustees, to sell, trade, or exchange state agricultural research and education property, and apply the funds to the relocation and construction of new agricultural research facilities.

The subject property known as the Chipley Poultry Unit consists of 15 acres, more or less, a primary four-bedroom, two-bath residence, a brick office building containing four rooms and one and one-half baths, three chicken houses, a processing house with two walk-in coolers and a large feed storage building. The chicken houses are substantially deteriorated and two were determined by the appraiser to have no value. One of the chicken houses has a small salvage value and could be converted to storage under existing zoning. While the primary residence and the office building are "livable", a good deal of renovation is needed for the buildings to be comfortable.

The property was appraised by Tillman Pippin, State Certified General Real Estate Appraiser, on January 6, 1999. Mr. Tillman estimated the market value of the property at $199,500 with a "quick sale" value of $150,000.

Only one appraisal is required when selling surplus land and staff determined that a second appraisal was not justified for the subject property. A "For Sale" sign was placed on the property August 6, 1999, and remained until about April 3, 2000, and IFAS advertised the availability of the property for sale in August 1999 through October 1999. Additional advertising was conducted in September 1999 through November 1999 for sealed bids to be submitted by December 7, 1999. During this time, the property was advertised at the "quick sale" value of $150,000; however, no bids were received by the closing date. On January 7, 2000, IFAS received an offer for the property in the amount of $120,110. Since the bid had closed, the offer was not accepted. On March 7, 2000, another offer was received in the amount of $150,125. This offer was above the "quick sale" value of $150,000, but was received after the bids had closed; therefore, the offer was not accepted.

A "For Sale" sign was again placed on the property July 29, 2000, and remained until August 29, 2000, and from July 29, 2000, through August 20, 2000, the property was again advertised for sealed bids to be received by August 29, 2000. The advertisement was carried in local and neighboring newspapers and two "open houses" were held to accommodate prospective

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Agenda – September 26, 2000 Substitute Page Eight

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Substitute Item 5, cont.

bidders. The property was advertised at this time for $199,500. On August 29, 2000, one bid was received from Todd E. Anderson and Lorna J. Anderson, his wife, in the amount of $150,125.

On September 20, 2000, staff was asked to secure from the appraiser an indication of whether his first appraisal was valid. The appraiser submitted a "very limited update" indicating further deterioration of the improvements and a four acre reduction in the usable acreage (road easements impact usable acres). The appraisers opinion of value as reflected in the limited update is $127,500.

The 1999 Session of the Florida Legislature passed and the Governor signed into law Chapter 99-251, Laws of Florida, supporting economic development in the rural areas of the state. By Executive Order Number 99-275, Washington County was designated by the Governor as a Rural Area of Critical Economic Concern. Criterion for this designation is "economic distress" which is defined as conditions affecting the fiscal and economic viability of a rural community, including such factors as low per capita income, lower per capita taxable values, high unemployment, high underemployment, low weekly earned wages compared to the state average, low housing values compared to the state average, high percentages of the population receiving public assistance, high poverty levels compared to the state average, and a lack of year-round stable employment opportunities.

Due to the economic conditions in the County and the fact that extensive marketing of the property did not produce a bid higher than $150,125, the acceptance of the bid from Todd E. Anderson and Lorna J. Anderson is being recommended for approval. Although the appraiser defined "quick sale" value as a value that would consummate a sale within six months, staff is of the opinion that even though the property was marketed over one year, $150,125 is the value the market will bring as it is the highest value offered by a willing seller. Other benefits to a sale of the property at the current time are (a) the money received from the sale will enable the University of Florida to proceed in their efforts to relocate and construct a new agricultural research facility; (b) past efforts to market the property have produced little interest; (c) no additional cost to the state or delays will be incurred in attempts to market and sell the property; and (d) no further deterioration of the improvements will occur that could cause a decrease in the value of the property or costs to repair and maintain.

Pursuant to chapter 253.111, F.S., state agencies and the county were duly notified of the availability of the property; however, no interest was expressed. Notice of the availability of the property was also given to the 500’ property owners in accordance with chapter 253.115, F.S., and no interest was expressed.

A consideration of the status of the local government comprehensive plan was not made for this item. The Department of Environmental Protection has determined that surplus land sales are not subject to the local government planning process.

(See Attachment 5, Pages 1-35)

RECOMMEND APPROVAL

 

Board of Trustees

Agenda – September 26, 2000 Additional Page Eight A

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Item 6 Martinez Purchase Agreement/SFWMD/East Everglades CARL Project

DEFERRED FROM THE MAY 9, 2000 AGENDA

NO ACTION TAKEN ON THE JUNE 13, 2000 AGENDA

REQUEST: Consideration of authorization to acquire 100 percent interest in 81.99 acres within the East Everglades CARL project from Jose R. and Alicia P. Martinez.

COUNTY: Miami-Dade

Review Number 001501

LOCATION: Section 24, Township 52 South, Range 39 East

CONSIDERATION: $1,885,000

STAFF REMARKS: For lack of a motion, no action was taken on the June 13, 2000 agenda. South Florida Water Management District (District) staff has since met with Cabinet staff to present information to help clarify the need and importance of the parcel to the restoration efforts of the Everglades.

The East Everglades CARL project is ranked number 4 on the CARL Mega-Multiparcels Project List approved by the Board of Trustees on February 22, 2000, and is funded under the Division of State Lands’ Land Acquisition Workplan. The area known as the East Coast Buffer covers 59,088 acres. Of this, 2,189 acres will be protected by mitigation and 33,817 acres are of a lower priority, including land owned by local governments and acres that may not need to be acquired. Of the remaining 23,082 acres proposed for acquisition, 18,268.64

 

AGENDA CONTINUED ON NEXT PAGE

Board of Trustees

Agenda – September 26, 2000 Page Nine

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Item 6, cont.

acres have been acquired. After the Board of Trustees approves this acquisition, 4,731.37 acres or 20 percent of the area will remain to be acquired.

The East Coast Buffer consists of approximately 59,088 acres of marshes, reservoirs, and groundwater recharge areas in Palm Beach, Broward and Miami-Dade counties. However, the most significant aspect of the East Coast Buffer is its role in restoring the Everglades. In 1992, Congress authorized the U.S. Army Corps of Engineers (COE) to conduct a restudy of the Central and Southern Florida Project. The reconnaissance report for this restudy was completed in 1994 and the COE incorporated the East Coast Buffer in its analysis, referring to the area as the "Water Preserve Areas." Further detailed study of this Everglades restoration project component has already been authorized by Congress and a final detailed plan will be prepared by September 2001. The Final Restudy Report and Programmatic Environmental Impact Statement were released on April 7, 1999, for final public review and comment. The report received a favorable review by the Department of Environmental Protection (DEP) and other agencies and was submitted to Congress on July 1, 1999.

The purpose of the East Coast Buffer/Water Preserve Areas is to: (1) increase storage and hold more water in the system by controlling seepage from the Everglades, thus restoring more natural Everglades hydropatterns; (2) capture and store excess stormwater currently discharged to coastal waters, thus retaining an important water supply source for both urban and natural systems; (3) provide a buffer between natural and developed areas; (4) preserve and protect wetlands outside the publicly-owned Everglades; and (5) provide important transitional land uses between the natural and developed areas. East Coast Buffer/Water Preserve Areas may also enhance flood control in areas to the east of these lands. The East Coast Buffer lands are under intense development pressure in all counties. Therefore, immediate public acquisition is needed to preserve and enhance wetlands and preserve opportunities for the restoration of the Everglades ecosystem.

To implement this restoration, during the last decade the District has acquired over 16,000 acres at a cost of $119,000,000. In anticipation of the Board of Trustees’ participation in this effort, the East Coast Buffer was added to the East Everglades CARL project on March 15, 1996. District funding is now limited but the District offered to take the lead in acquiring the property on behalf of the Board of Trustees. On December 8, 1998, the Board of Trustees authorized staff to enter into an acquisition agreement to acquire various ownerships located in the East Coast Buffer portion of the East Everglades CARL project in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S. On June 15, 1995, the Board of Trustees approved the use of the District's procedures to allow the District to acquire lands to be held by the Board of Trustees. Since the land being acquired will be part of a federal project, federal acquisition procedures are being used.

The subject property is located in an area of environmental concern known as the Northwest Dade County Freshwater Lake Plan Area (also known as the "Lake Belt Area"). The area is one of the most environmentally-sensitive areas of the state, but it also provides half of the limestone mining resources used in the state every year. A Lake Belt Area Plan and a committee were established to find the proper balance between the economic values of continued rock mining, the environmental values of the freshwater wetlands, the protection of public water supplies and on-going federal, state and local efforts to restore the greater Everglades ecosystem. The study recommends an overall environmental permitting framework to create a coordinated freshwater lake system to replace the current checkerboard mosaic of quarried lakes now being created at a rate of 300 to 400 acres per year by mining operations. Because of the extremely sensitive nature of the property, permits for any uses other than agricultural will not be allowed.

Board of Trustees

Agenda – September 26, 2000 Page Ten

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Item 6, cont.

The subject property is needed for the North Lake Belt Storage Area project component. This is one of the 68 project components that comprise the Comprehensive Everglades Restoration Plan (Plan). The North Lake Belt Storage Area is an in-ground reservoir to capture a portion of runoff from C-6, western C-11 and C-9 Basins. The in-ground reservoir, with perimeter seepage barrier, will allow storage of water without concerns of groundwater contamination. The subject property will be used as a storm water treatment area. The stored water will be used to prevent saltwater intrusion by maintaining stages during the dry season in the C-9, C-6, C-7, C-4 and C-2 Canals and to provide deliveries to Biscayne Bay to aid in meeting salinity targets.

The District has acquired an agreement for sale and purchase to purchase the Martinez parcels at 100 percent of appraised value. Pursuant to the terms of the acquisition agreement, the District shall be reimbursed for all costs associated with acquiring the property, including pre-acquisition and closing related costs. The Board of Trustees’ purchase price will be 100 percent of the contract price negotiated by the District plus 100 percent of the cost incurred in the purchase of the property. Title to the property acquired will vest in the Board of Trustees.

As provided for in the acquisition agreement, on March 9, 2000, the Governing Board of the District adopted Resolution 2000-16 requesting the Board of Trustees’ purchase price for the parcels, reimbursement of 100 percent of its pre-acquisition costs and reimbursement of 100 percent of its closing costs. The remaining parcels in the resolution were under $250,000. Authority to approve the reimbursement of parcels under $250,000 was delegated to the DEP by the Board of Trustees on June 22, 1999. Pursuant to the acquisition agreement, the pre-acquisition and closing costs will be reimbursed from CARL incidental expense funds. The District’s resolution contains all of the assurances required by the acquisition agreement.

The Central and Southern Florida Project was authorized 50 years ago to provide flood protection and fresh water to south Florida. This project accomplished its intended purpose and allowed people to more easily live on the land. However, it did so at a tremendous ecological cost to the Everglades. While the population of the area has risen from 500,000 in the 1900's to more than 6 million today, the number of native birds and other wildlife have dwindled and some have vanished. The Water Resources Development Acts of 1992 and 1996 provided the U.S. Army Corps of Engineers (COE) with the authority to review the current Central and Southern Florida Project. The COE was asked to develop a comprehensive plan to restore and preserve south Florida’s natural ecosystem while enhancing water supplies and maintaining flood protection. The Plan resulting from the effort calls for a series of water system improvements over more than 20 years with an estimated cost of $7.8 billion. The Plan will incorporate a number of restoration projects already underway. It will be the most ambitious ecosystem restoration effort ever undertaken in the United States. Its fundamental goal is to capture most of the fresh water that now flows unused to the Atlantic Ocean and the Gulf of Mexico to deliver it when and where it is needed most.

The East Coast Buffer portion of the East Everglades CARL project will be managed by the District in conjunction with COE Everglades restoration projects. As local sponsor for the restoration projects, the District is required to hold a title interest sufficient to meet COE certification requirements. While the COE would prefer the sponsor to hold fee title, section 259.101(3)(g), F.S., states that title to lands acquired with P2000 funds under the CARL program must vest in the Board of Trustees. The acquisition agreement includes a provision whereby the Board of Trustees will convey to the District an easement consistent with section 253.034(4), F.S., for any lands acquired under this agreement that are to become part of a COE-approved Everglades restoration project. DEP staff is currently working with the COE

Board of Trustees

Agenda – September 26, 2000 Substitute Page Eleven

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Item 6, cont.

and the District to develop an easement sufficient for COE certification. The COE will require the easement to include a statement that the land interest will not be impaired during the life of the project and that the COE is granted an irrevocable right to enter the project lands for the purpose of constructing, inspecting, completing, operating, repairing, maintaining, replacing or rehabilitating the projects. In the event that the COE determines that fee title is required to meet certification requirements, statutes would need to be amended to permit entities other than the Board of Trustees to hold title to lands acquired with P2000 funds under the CARL program.

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 6, Pages 1-56)

RECOMMEND APPROVAL

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Substitute Item 7 Blumberg Option Agreement/Winter Springs Town Center Project/ Greenways and Trails Program

REQUEST: Consideration of an option agreement to acquire 5.91 acres within the Winter Springs Town Center project under the Preservation 2000 Greenways and Trails program from Lewis Blumberg and Juanita D. Blumberg.

COUNTY:  Seminole

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

LOCATION:  Section 36, Township 20 South, Range 30 East

CONSIDERATION:  $600,000

APPRAISED BY SELLER’S TRUSTEES’

REVIEW Roper APPROVED PURCHASE PURCHASE OPTION

NO. PARCELS ACRES (03/24/00) VALUE PRICE PRICE DATE

001503 Blumberg 5.91 $600,000 $600,000 * $600,000 150 days after

BOT approval

* The subject parcels are portions of various parcels that the owner acquired over a period of

several years from 1978 to 1985.

STAFF REMARKS: The Winter Springs Town Center 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 the City of Winter Springs (City), this acquisition was negotiated by the Division of State Lands on behalf of the OGT under the Preservation 2000 Florida Greenways and Trails program. The project contains 52 acres, of which these are the first to be acquired. After the Board of Trustees approves this agreement, 46.09 acres or 89 percent of the project will remain to be acquired.

This property is being acquired using federal acquisition procedures in accordance with the Federal Intermodal Surface Transportation Efficiency Act and the Code of Federal Regulations Title 49. On June 22, 1999, the Board of Trustees approved a recommendation to substitute the land acquisition procedures of the Federal Highway Administration for the State of

Board of Trustees

Agenda – September 26, 2000 Substitute Page Twelve

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Substitute Item 7, cont.

Florida’s procedures outlined in section 259.041, F.S., for the projects that qualify for federal enhancement funding, as administered by the Florida Department of Transportation. Pursuant to federal regulation requirements, the initial offer was 100 percent of the approved value, which included $592,000 for the value of the land and $8,000 for a cost to cure. The cost to cure is to replace the seller’s driveway, which will be severed from the seller’s remainder property by the acquisition of the subject property.

All mortgages and liens will be satisfied at the time of closing. 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 appropriately. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for any 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.

This acquisition consists of five non-contiguous parcels. These parcels will be part of an interconnecting system of greenspaces and trails throughout the proposed Winter Springs Town Center that will enhance conservation, outdoor recreation, and ground water quality. These parcels will provide public access to environmental preservation areas, multi-use trails and public parks and greenspaces.

The OGT will be the interim manager of the property with the City as the long-term manager. The property will be managed as part of the Winter Springs Town Center project.

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 7, Pages 1-26)

RECOMMEND DEFERRAL

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Item 8 City of Panama City Release of Deed Restriction/Downtown Marina and St. Andrews Marina

DEFERRED FROM THE SEPTEMBER 12, 2000 AGENDA

DEFERRED FROM THE JULY 25, 2000 AGENDA

REQUEST: Consideration of a 20-year release of deed restriction, with 20-year renewals thereafter, for the City of Panama City’s Downtown Marina and St. Andrews Marina.

COUNTY: Bay

Deed Number 28495

APPLICANT: City of Panama City

LOCATION: Sections 01 and 08, Township 04 South, Ranges 14 and 15 West

CONSIDERATION: The greater of (1) a single annual payment of $15,000; or (2) a total of: (a) three percent of gross revenues received by the City of Panama City from all municipal commercial/retail activities, and (b) 15 percent of gross revenues received from all non-municipal commercial/retail activities.

Board of Trustees

Agenda – September 26, 2000 Page Thirteen

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Item 8, cont.

STAFF REMARKS: On February 12, 1991, the Board of Trustees granted registration for the entire Downtown Marina as a grandfather facility, pursuant to the provisions of section 18-21.00405, F.A.C., and issued a quitclaim deed for the two parcels of filled, formerly sovereignty submerged lands, to the City of Panama City (City) as part of an effort to clear up title issues involving lands within the City's Downtown Marina and St. Andrews Marina sites. The Downtown Marina site is approximately 22 acres and the St. Andrews Marina site is approximately four acres in size. The Board of Trustees recognized that the City had existing leases with private entities for commercial activities occurring on the filled parcels located at the Downtown Marina site, and specified that as the existing leases for non-public purposes expired, future uses of the site would be restricted to public purposes. Therefore, the quitclaim deed contains a public purpose restriction, since the parcels were conveyed without compensation because of the public nature of the use of the sites.

In March 1998, staff of the Department of Environmental Protection's (DEP), Division of State Lands (DSL) reviewed the Downtown Marina's file to convert the registered grandfathered facility to a sovereignty submerged lands lease. At that time, a potential violation of the public purpose restriction on the upland portion of the property was discovered. In May 1998, DSL staff met with City representatives to discuss the options available to allow the City to continue to allow commercial/retail uses on the upland portion of the property at the Downtown Marina and allow future commercial/retail uses on the uplands at the St. Andrews Marina since both marinas were subject to the same public purpose deed restriction. Options included the sale of the land to the City or a release of the public purpose deed restriction by the Board of Trustees to allow commercial/retail uses.

An agreement was reached on February 15, 2000, between the City and DSL staff, to release the public purpose restriction from the deed for a period of 20 years, with 20-year renewals thereafter, subject to approval by the Board of Trustees. Subsequently, on August 22, 2000, the City approved a resolution to confirm its agreement with the conditions contained in the Release of Restriction and Reverter, in exchange for the removal of the public purpose use restriction. A release of the deed restriction will enhance the City's effort to promote economic growth and development for the downtown area. Accordingly, DSL staff recommends that the Board of Trustees find that it is in the public interest to release the deed restriction to allow commercial/retail use of the parcels located at the Downtown Marina and the St. Andrews Marina. The release of the deed restriction shall be subject to the Board of Trustees receiving, annually, three percent of gross revenues received by the City from all municipal commercial/retail activities (with the exception of revenues received from fuel operations and boat slip rentals; boat slip rentals are covered under an existing sovereignty submerged lands lease), and 15 percent of gross revenues received by the City from all non-municipal commercial/retail activities, or $15,000, whichever is greater. Therefore, in no event shall the annual revenue received by the Board of Trustees be less than $15,000. The City shall continue to abide by the terms and conditions of the existing sovereignty submerged land leases for the operation of commercial marinas, and will continue to provide office and marina space at no cost to the State of Florida at the Downtown Marina. In addition, the City shall not permit the uplands (filled, formerly sovereignty submerged lands) to be used or occupied for any purpose, activity or business other than those stated in the Release of Restriction and Reverter contained in the backup to this agenda item and those authorized by the sovereignty submerged lands leases, unless such use is previously consented to by the Board of Trustees and the Release of Restriction and Reverter is modified accordingly; nor shall the City knowingly permit any nuisances or illegal operations of any kind on the uplands.

Board of Trustees

Agenda – September 26, 2000 Page Fourteen

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Item 8, cont.

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

(See Attachment 10, Pages 1-49, Submitted with the September 12, 2000 Agenda)

RECOMMEND APPROVAL

 

 

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