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AGENDA ************************************************ Item 1 Florida Gas Transmission Company Utility Easements REQUEST: Consideration of a request for (1) a 50-year non-exclusive utility easement; and (2) a 3-year non-exclusive temporary utility easement to Florida Gas Transmission Company for a natural gas transmission pipeline. COUNTY: Bradford APPLICANT: Florida Gas Transmission Company (FGT) LOCATION: Section 24, Township 05 South, Range 21 East CONSIDERATION: Easement fees to be determined by appraisal and deposited in the Internal Improvement Trust Fund. STAFF REMARKS: On June 12, 2001, the Board of Trustees approved multiple easements to FGT for expansion of FGT's existing underground natural gas pipeline system. FGT inadvertently missed one proposed crossing of state-owned land that is currently leased to the Department of Corrections (DOC) and subleased to Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE), as part of New River Correctional Institution under Board of Trustees' Lease Number 3513. FGT has submitted an application for the additional crossing. As with the previous easements, the Board of Trustees will grant FGT an initial 3-year temporary construction easement for 1.22 acres based on survey sketches of the pipeline route. Once the pipeline is installed, FGT will provide as-built surveys that will reflect any changes in route made for such reasons as avoidance of environmentally sensitive areas and will execute a 50-year easement for 1.50 acres, more or less, for the pipeline crossing. Pursuant to section 18-2.018, F.A.C., the decision to authorize the use of Board of Trustees- owned uplands requires a determination that such use is not contrary to the public interest. The purpose of the expansion is to meet increased demand for natural gas, largely for electrical power generation. The project will produce environmental benefits of cleaner air from burning natural gas instead of coal or oil, and the reduced risk of oil spills through surface transportation and handling of refined oil. Department of Environmental Protection (DEP) staff has contracted for an appraisal of the temporary and permanent easement. FGT is under pressure to begin construction as soon as possible and has requested that the Board of Trustees approve the easements subject to approval of the appraisal by DEP's Bureau of Appraisal. DOC and PRIDE have consented to the crossing. A consideration of the status of the local government comprehensive plan was not made for this item. DEP has accepted the applicant's claim of preemption by regulation under the Federal Energy Regulatory Commission process. (See Attachment 1, Pages 1-29) RECOMMEND
APPROVAL SUBJECT TO RECEIPT OF AN APPRAISAL ACCEPTABLE TO DEP'S BUREAU
OF APPRAISAL
************************************************ Item 2 Holm Option Agreement/Wekiva-Ocala Greenway CARL Project REQUEST: Consideration of an option agreement to acquire 248.17 acres within the Wekiva-Ocala Greenway CARL project from Wynelle C. Holm, formally known as Wynelle C. Knight. COUNTY: Lake LOCATION: Sections 22, 26 and 27, Township 17 South, Range 28 East CONSIDERATION: $318,000
APPRAISED
BY
SELLER'S TRUSTEES' STAFF REMARKS: The Wekiva-Ocala Greenway project is an "A" group project on the Florida Forever Full Fee Project List approved by the Board of Trustees on May 15, 2001. The project contains 68,904 acres, of which 37,888.62 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 30,767.21 acres or 45 percent of the project will remain to be acquired. All mortgages and liens will be satisfied at the time of closing. Although the parcel does not have legal access, the Department of Agriculture and Consumer Services, Division of Forestry (DOF), the future managing agency, has indicated that the property can be effectively managed because it can be accessed through adjoining state-owned property. The appraiser was aware of the lack of legal access when establishing value. 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 any title issues that arise prior to closing. A survey, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing. A title insurance policy will be provided by the seller with the purchaser reimbursing the seller's cost of the policy. The springs, rivers, lakes, swamps and uplands stretching north from Orlando to the Ocala National Forest are an important refuge for the Florida black bear, as well as other wildlife such as the bald eagle, swallow-tailed kite, Florida scrub jay and wading birds. Public acquisition of the Wekiva-Ocala Greenway will protect these animals, and the Wekiva and the St. Johns River basins by protecting natural corridors connecting Wekiwa Springs State Park, Rock Springs Run State Reserve, the Lower Wekiva River State Reserve and Hontoon Island State Park with the Ocala National Forest. It will also provide the people of the booming Orlando area with a large, nearby natural area in which to enjoy camping, fishing, swimming, hiking, canoeing and other recreational pursuits. The property will be managed by DOF as part of the Seminole State Forest. 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 2, Pages 1-8) RECOMMEND
APPROVAL ************************************************ Item 3 Polk County Option Agreement/Lake Wales Ridge Ecosystem (Hesperides) Florida Forever Project REQUEST: Consideration of an option agreement to acquire 354.49 acres within the Lake Wales Ridge Ecosystem (Hesperides) Florida Forever project from Polk County. COUNTY: Polk LOCATION: Section 05, Township 30 South, Range 29 East CONSIDERATION: $496,426
APPRAISED
BY
SELLER'S TRUSTEES' STAFF REMARKS: The Lake Wales Ridge Ecosystem (Hesperides) project is an "A" group project on the Florida Forever Full Fee Project List approved by the Board of Trustees on May 15, 2001. This project is divided into three ranking groups (Full Fee, Small Holdings and Less-Than-Fee) which together contain 43,089 acres, of which 22,215 acres have been acquired or are under agreement to be acquired by the Board of Trustees. After the Board of Trustees approves this agreement, 20,519.51 acres or 48 percent of the project will remain to be acquired. Pursuant to a multi-party agreement entered into between the Division of State Lands and Polk County, Polk County acquired the property for $496,426 on July 18, 2001, from the Boy Scouts of America, Inc. 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 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 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, an environmental site assessment, and a survey will be provided by the seller prior to closing. The purchaser will reimburse the seller's cost of the title insurance policy, the environmental site assessment, not to exceed $3,400, and the survey, not to exceed $20,253. The high, sandy, Lake Wales Ridge, stretching south from near Orlando almost to Lake Okeechobee, was originally covered with a mosaic of scrub, flatwoods, wetlands, and lakes. The scrub is unique in the world. It is inhabited by many plants and animals found nowhere else but it has almost completely been converted to citrus groves and housing developments. The Florida scrub jay, Florida mouse, blue-tailed mole skink, sand skink, Florida scrub lizard, gopher tortoise, and ten species of listed endemic scrub plants have been reported on the Hesperides site. The Lake Wales Ridge Ecosystem project is designed to protect the best remaining tracts of this scrub and the ecosystems associated with it, thereby preserving several endangered species and allowing the public to see examples of the unique original landscape of the ridge. The property will be managed by the Department of Agriculture and Consumer Services' Division of Forestry as a unit of the Lake Wales Ridge Ecosystem. Board of
Trustees ************************************************ Item 3, cont. 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 1-38) RECOMMEND APPROVAL ************************************************ Item 4 Fisheating Creek Expanded Corridor Citizen Advisory Board Selections REQUEST: Selection of one concerned citizen and one member of an environmental organization, from the lists of nominees submitted by the eleven members currently appointed to the citizen advisory board, to complete the creation of a thirteen-member citizen advisory board tasked with making recommendations to the Florida Fish and Wildlife Conservation Commission as to the future management issues involving the Fisheating Creek Expanded Corridor. COUNTY: Glades STAFF REMARKS: On May 25, 1999, the Board of Trustees approved a settlement agreement in the case of Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, Plaintiff and Save Our Creeks, Inc. and Environmental Confederation of Southwest Florida, Intervenors vs. Lykes Bros. Inc., a Florida Corporation. The settlement agreement requires, among other things, the following: "19. The Board of Trustees shall create a thirteen-member citizen advisory board composed of one County Commissioner from Glades County, two representatives of Lykes Bros. Inc., two representatives from Save Our Creeks, Inc., two representatives from the Environmental Confederation of Southwest Florida, Inc., one representative from the Division of State Lands of the Florida Department of Environmental Protection, one representative from an environmental organization, two representatives of Lykes' lessees, one concerned citizen, and one representative of the managing agency if the agency desires to participate. The representatives shall be designated by their own organizations except for the concerned citizen and the representative of an environmental group who shall be designated by the Board of Trustees from a list submitted by the citizen advisory board." "22. The citizen advisory board, created pursuant to paragraph 19 above, may make recommendations to the managing agency as to future management issues involving the Fisheating Creek Expanded Corridor (Expanded Corridor). The managing agency has no financial obligation to fund the activities of the advisory board." The members as named by their respective organizations are as follows: County Commissioner
of Glades County: Honorable Commissioner Bob Giesler ************************************************ Item 4, cont. Representative
of the Environmental Confederation of Southwest Florida: Ms. Ellen Petersen
and Mr. Wayne Daltry Two members, a representative of an environmental organization and a concerned citizen, shall be appointed by the Board of Trustees from two lists submitted by the advisory board. To facilitate the appointment of these remaining two members, Department of Environmental Protection staff convened a meeting of the above eleven members on August 15, 2001, and developed two lists of nominees for submission to the Board of Trustees. Three people were nominated to the list of concerned citizens: Concerned
Citizen Five people were nominated to the list of representatives of an environmental organization, but one of the nominees has since requested that his name be removed from the list: Environmental
Group Section 259.032(10)(b), F.S., requires the Florida Fish and Wildlife Conservation Commission (FWCC) to develop a management plan for the Expanded Corridor with input from an advisory group. The advisory group is required to conduct at least one public hearing in the county where the subject property is located and is required to reconvene once every five years for the purpose of recommending updates and revisions to the management plan. At a minimum, the advisory group must include representatives of FWCC, co-managing entities, local private property owners, the appropriate soil and water conservation district, a local conservation organization, and a local elected official. The management plan is required to be in strict compliance with the terms and conditions of the settlement agreement. While it is important to differentiate between the statutorily required advisory group being formed by FWCC, and the advisory board to be established by the Board of Trustees, they do share a common interest in Fisheating Creek. Because of this common interest, the specificity of the settlement agreement concerning the management of the property, and the possibility for overlapping membership between the statutorily-required advisory group and the settlement agreement advisory board, FWCC has determined it appropriate to include the settlement agreement advisory board members as part of the statutorily required advisory group. In addition, FWCC will appoint other individuals as it deems appropriate. The settlement
agreement provides that the advisory board, to be created by the Board
of Trustees, may make recommendations to the managing agency concerning
future management issues involving the Expanded Corridor. Accordingly,
the advisory board may meet as often as it deems necessary, may develop
procedures for conducting its meetings, and may make recommendations to
the managing agency as it deems necessary. However, it should be noted
that the managing agency has neither the responsibility to convene such
meetings nor the financial obligation to fund the activities of the advisory
board. ************************************************ Item 4, cont.
RECOMMEND SELECTION OF ONE REPRESENTATIVE OF AN ENVIRONMENTAL ORGANIZATION AND ONE CONCERNED CITIZEN TO SERVE ON THE FISHEATING CREEK EXPANDED CORRIDOR CITIZEN ADVISORY BOARD
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