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AGENDA
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND NOVEMBER 26, 2002 Substitute Page ************************************************* Substitute Item 1 Trilogy Corporation of Northwest Florida & Tarkiln Bayou Development Company, Inc. Option Agreement and Purchase Agreement/Perdido Pitcher Plant Prairie Florida Forever Project REQUEST: Consideration of an option agreement and a purchase agreement to acquire 186.7 acres within the Perdido Pitcher Plant Prairie Florida Forever project from Trilogy Corporation of Northwest Florida and Tarkiln Bayou Development Company, Inc. COUNTY: Escambia LOCATION: Section 01, Township 03 South, Range 32 West CONSIDERATION: $1,000,000 (Board of Trustees share of the total purchase price of $1,238,000)
* The property was acquired through an estate on 4/9/98
and was not an arm’s length transaction. STAFF REMARKS: The Perdido Pitcher Plant Prairie project is an “A” group project on the Florida Forever Full Fee Project List approved by the Board of Trustees on August 27, 2002. The project contains 7,661 acres, of which 3,396 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 4,078.3 acres or 53 percent of the project will remain to be acquired. The total purchase price for the property is $1,238,000. Escambia County will contribute $160,000 towards the Trilogy parcel and $78,000 towards the Tarkiln/Gilmore parcel for a total contribution of $238,000. The Board of Trustees will contribute the approved value of $1,000,000 and title will vest 100 percent in the Board of Trustees. The Pensacola Naval Air Station (NAS) supports the acquisition of these parcels. Growth adjacent to military bases threatens air-training missions and creates safety hazards under busy flight paths. State ownership of the properties will help keep development out of flight patterns for the Pensacola NAS. All mortgages and liens will be satisfied at the time of closing. There were three oil, gas and mineral leases on the Gilmore parcel that have been terminated by failure to drill within one year of issuance. These leases commenced in November 1945 and 1952. The Trilogy parcel is subject to an oil, gas and mineral reservation in favor of Mr. Philip B. Berry and Ms. Ruth Falk Berry that was recorded in 1945. The owner never reinstated the reservation and therefore the appraisers determined there was no impact on the final 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 appropriately. Because these issues were discovered during preliminary due diligence, further research may change the facts and scope of each issue and, therefore, DEP staff will review, evaluate and implement an appropriate resolution for these and any other title issues that arise prior to closing. Title insurance policies, surveys, environmental site
evaluations and, if necessary, environmental site assessments will be
provided by the purchaser prior to closing. ************************************************* Substitute Item 1, cont. 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. The Perdido Pitcher Plant Prairie 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. These properties will be managed by DEP’s, Division of Recreation and Parks as part of the Tarkiln Bayou Preserve State Park. These acquisitions are consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 1, Pages 1-69) RECOMMEND APPROVAL ************************************************* Item 2 Woodard/Narushko/Ell Option Agreements/Wekiva-Ocala Greenway Florida Forever Project REQUEST: Consideration of two option agreements to acquire 403.6 acres within the Wekiva-Ocala Greenway Florida Forever project from Ronald S Woodard and Robert E. Woodard, and Nicholas Narushko and Ramona B. Narushko his wife; and L. Jack Ell and Carol W. Ell. COUNTY: Lake LOCATION: Sections 06 and 07, Township 18 South, Range 29 East; and Sections 29 and 30, Township 17 South, Range 29 East CONSIDERATION: $1,180,000
* The property
was purchased on August 7, 1972. 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 August 27, 2002. The project contains 74,359 acres, of which 40,086.82 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves these agreements, 33,868.58 acres or 46 percent of the project will remain to be acquired. All mortgages and liens will be satisfied at the time
of closing. On the Ell property, there is perimeter fencing as well as
some interior fencing that was considered in the final value. There also
appears to be adjoining landowners with docks encroaching onto Bear Lake.
The seller will grant easements for docks to the adjoining owners prior
to closing. On June 22, 1999, the Board of Trustees approved a staff recommendation
to delegate to the Department of ************************************************* Item 2, cont. 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. Because these issues were discovered during preliminary due diligence, further research may change the facts and scope of each issue and, therefore, DEP staff will review, evaluate and implement an appropriate resolution for these and any other title issues that arise prior to closing. Title insurance policies, surveys, environmental site evaluations and, if necessary, environmental site assessments will be provided by the purchaser prior to closing. 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 properties will be managed by the Department of Agriculture and Consumer Services, Division of Forestry as part of the Seminole State Forest. These acquisitions are consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 2, Pages 1-38) RECOMMEND APPROVAL ************************************************* Substitute Item 3 Paul Staffile and Stephen Haywood, Trustees Option Agreement/Estero Bay Florida Forever Project REQUEST: Consideration of an option agreement to acquire 364.3 acres within the Estero Bay Florida Forever project from Paul Staffile and Stephen Haywood, as Trustees. COUNTY: Lee LOCATION: Section 13, Township 46 South, Range 24 East CONSIDERATION: $875,000 (to be reimbursed by the USFWS)
* $2,401 per acre STAFF REMARKS: The Estero Bay Florida Forever project
is an “A” group project on the Florida Forever Full Fee Project
List approved by the Board of Trustees on August 27, 2002. This project
contains 15,572 acres, of which 6,401.6 acres have been acquired or are
under agreement to be acquired by the Board of Trustees. After the Board
of Trustees approves this agreement, 8,806.1 acres or 57 percent of the
project will remain to be acquired. ************************************************* Substitute Item 3, cont. The Hendry - Mullock Creek Federal Grant will fund 100 percent of the $875,000 purchase price. On March 24, 1998, the Board of Trustees approved authorization to encumber specific parcels as a condition of the federal grant and was contingent upon the Board of Trustees approving the respective acquisitions. Since federal funds are being used, all acres within this parcel will be restricted to the conservation objectives of the project and no change in use or future development can take place without the consent of the USFWS. All mortgages and liens will be satisfied at the time of closing. The Staffile – Haywood parcel has legal access, with the exception of that portion of the property located south of Mullock Creek. Once acquired, the southern portion can be accessed through adjacent state-owned land. The appraiser stated there was no effect on value and DEP’s Office of Coastal and Aquatic Managed Areas (CAMA) indicated it will be able to manage the property with this access. 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 an appropriate resolution for these 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 prior to closing. The acquisition of this mangrove fringe and forest, saltwater and freshwater marsh, pine flatwoods, natural freshwater lakes and salt flats will improve water quality by reducing non-point pollution related to residential, agriculture and commercial upstream sources. The land will serve as a filtering and buffering zone for runoff prior to discharge into the estuarine waters of Estero Bay Aquatic Preserve. Estero Bay is one of the most productive estuaries in the state, and is the state’s first aquatic preserve, designated in 1966. Its mangroves shelter important nesting colonies of water birds, and feed and protect many aquatic animals. These animals, in turn, are the foundation of a commercial and sport fishery. Important archaeological remains of the Calusa Indians dot the area. The Estero Bay project will protect the bay’s water quality, its native plants and animals, its archaeological sites, and will provide recreational opportunities to the people of the rapidly growing Fort Myers area. This property will be managed by CAMA as an addition to the Estero Bay State Buffer 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 ************************************************* Substitute Item 4 Department of Agriculture and Consumer Services Conveyance/ Venetia Towersite REQUEST: Consideration of a request for approval to convey two parcels of state-owned land to the Department of Agriculture and Consumer Services pursuant to section 253.025(13)(a), F.S. COUNTIES: Sarasota and Hamilton ************************************************* Substitute Item 4, cont. APPLICANT: Department of Agriculture and Consumer Services (DACS) LOCATION: Venetia Towersite - Section 34, Township 39 South, Range 19 East; and Christie Towersite – Section 10, Township 01 North, Range 15 East STAFF REMARKS: Pursuant to section 253.025(13)(a), F.S., the Board of Trustees may deed property to DACS so that DACS may sell, convey, transfer, exchange, or trade land on which a forestry facility resides for money or for other more suitable property on which to relocate the facility. In the case of a sale, the proceeds are deposited into the DACS Relocation and Construction Trust Fund (RCTF). DACS no longer needs its one-acre Venetia and 15.9-acre Christie Towersites, and is proposing to sell these properties. Proceeds from the sale, as required by law, will be deposited in the RCTF for purchase of land and construction of a facility to replace the disposed facility or other sites that improve DACS wildfire response time or service to the public. This section does not apply to lands acquired for conservation purposes in accordance with sections 253.034(6)(a) or (b), F.S. The towersites were not acquired for conservation purposes. Pursuant to section 253.03(3), F.S., these conveyances will not contain reservations of petroleum, phosphate, metal and mineral interests as required under section 270.11, F.S. 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 land conveyances are not subject to the local government planning process. (See Attachment 4, Pages 1-17) RECOMMEND APPROVAL ************************************************* Substitute Item 5 Delegation of Authority to Approve Conveyances to DACS REQUEST: Consideration of a delegation of authority to
the Secretary of the Department of Environmental Protection, or his designee,
to approve conveyances to the Department of Agriculture and Consumer Services
pursuant to section 253.025(13)(a), F.S. LOCATION: Statewide STAFF REMARKS: The Department of Agriculture and Consumer Services (DACS), Division of Forestry (DOF) has tower sites, work centers and district offices that become obsolete and are offered for sale. Most of these facilities were once in rural areas, but are now too close to urban areas to serve the purpose for which they are intended. DOF performs a periodic, operational review of all of its facilities to determine if they contribute to its fire detection and wildfire response capabilities and are located in areas that provide needed service to the public. Pursuant to section 253.025(13)(a), F.S., the Board of Trustees may deed property to DACS so that DACS may sell, convey, transfer, exchange, or trade land on which a forestry facility resides for money or for other more suitable property on which to relocate the facility. In the case of a sale, the proceeds, as required by law, are deposited into the DACS Relocation and Construction Trust Fund (RCTF) for purchase of land and construction of a facility to replace the disposed facility or other sites that improve DOF’s wildfire response time or service to the public. Prior to 2000, the statutory language in section 253.025(13)(a),
F.S., required the “consent of a majority of the Board of Trustees
for DACS to sell land” under the RCTF program and it was routine
for agenda items to be presented to the Board of Trustees for consideration.
The ************************************************* Substitute Item 5, cont. current statutory language provides that the Board of
Trustees “may deed property to DACS to sell land under the RCTF
program.” These small, non-conservation lands go through an in-depth
operational evaluation by DOF to determine their continued suitability
and viability for wildfire response time and to provide service to the
public. Since the Board of Trustees has routinely approved DACS’
requests to convey these non-conservation properties, as staff to the
Board of Trustees, DEP is requesting a delegation of authority from the
Board of Trustees to approve future conveyances to DACS pursuant to section
253.025(13)(a), F.S. If the Board of Trustees approves this item, future
conveyances to DACS will be handled via a transmittal memorandum from
DEP to the Board of Trustees along with the proposed deed. If a Trustee
has any unresolved concerns over a proposed conveyance to DACS, the request
for conveyance would be placed on a Board of Trustees’ agenda for
consideration. (See Attachment 5, Page 1) RECOMMEND APPROVAL ************************************************* Item 6 Leigh H. Perkins Conveyance REQUEST: Consideration of a request to convey three parcels, totaling 8.5 acres of state-owned land in Jefferson County to Leigh H. Perkins, Sr. COUNTY: Jefferson APPLICANT: Leigh H. Perkins, Sr. LOCATION: Sections 03 and 04, Township 02 North, Range 04 East CONSIDERATION: $21,000 to be deposited into the Internal Improvement Trust Fund STAFF REMARKS: The Board of Trustees originally acquired these parcels of land pursuant to chapter 18296, Laws of Florida and Acts of 1937, known as the Murphy Act. The act provided for statutory forfeiture of lands for nonpayment of taxes. Tax certificates unredeemed as of June 9, 1939 were automatically converted to fee simple title in the name of the state. Pursuant to section 253.82, F.S., land (1) to which title is vested in the Board of Trustees through provisions of the Murphy Act, (2) which is 10 acres or less in size, and (3) which has an appraised value of $250,000 or less, is hereby declared surplus, except for lands needed for state use. Stephen A. Griffith, MAI, SRA and State-Certified General Real Estate Appraiser, appraised the property on June 3, 2002. Mr. Griffith estimated the value of the 8.5 acres of state-owned land at $21,000. The appraiser concluded a value estimate of $13,200 for Parcel One (5.5 acres), $5,200 for Parcel Two (2.0 acres) and $2,600 for Parcel Three (1.0 acre). Pursuant to section 253.034(6)(h), F.S., lands determined to be surplus, which were acquired by a unit of government by gift, donation, grant, quitclaim deed, or other such conveyance where no monetary consideration was exchanged, may be sold based on one appraisal. In accordance with section 253.111, F.S., Jefferson County
and state agencies were notified of the sale and did not express any interest
in the property. Pursuant to section 253.115, F.S., property owners within
500 feet of the subject property were also notified and no objections
were received. ************************************************* Item 6, cont. 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 6, Pages 1-14) RECOMMEND APPROVAL ************************************************* Item 7 Hugh A. Buie Conveyance REQUEST: Consideration of a request to convey 96 parcels, totaling 13.2 acres of state-owned land in Columbia County to Hugh A. Buie, Sr. COUNTY: Columbia APPLICANT: Hugh A. Buie, Sr. LOCATION: Section 31, Township 07 South, Range 17 East CONSIDERATION: $15,000 to be deposited in the Internal Improvement Trust Fund STAFF REMARKS: The Board of Trustees originally acquired these parcels of land pursuant to chapter 18296, Laws of Florida and Acts of 1937, known as the Murphy Act. The act provided for statutory forfeiture of lands for nonpayment of taxes. Tax certificates unredeemed as of June 9, 1939 were automatically converted to fee simple title in the name of the state. Pursuant to section 253.82, F.S., land (1) to which title is vested in the Board of Trustees through provisions of the Murphy Act, (2) which is 10 acres or less in size, and (3) which has an appraised value of $250,000 or less, is hereby declared surplus, except for lands needed for state use. James L. Bolton, MAI, SRA and State Certified General Real Estate Appraiser appraised the property on February 19, 2002. Mr. Bolton estimated the value of the 13.2 acres of state- owned land at $15,000. Pursuant to section 253.034(6)(h), F.S., lands determined to be surplus, which were acquired by a unit of government by gift, donation, grant, quitclaim deed, or other such conveyance where no monetary consideration was exchanged, may be sold based on one appraisal. In accordance with section 253.111, F.S., Columbia County and state agencies were notified of the sale and did not express any interest in the property. Pursuant to section 253.115, F.S., property owners within 500 feet of the subject property were also notified and no objections were received. 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 7, Pages 1-16) RECOMMEND APPROVAL Board of Trustees ************************************************* Substitute Item 8 Sailfish Club of Florida Recommended Consolidated Intent REQUEST: Consideration of an application for a modification of a five-year sovereignty submerged lands lease to increase the preempted area from 97,836 square feet to 111,761 square feet, more or less, for an existing private yacht club docking facility. COUNTY: Palm Beach APPLICANT: Sailfish Club of Florida LOCATION: Section 03, Township 43 South, Range 43 East,
in Lake Worth, Class III Waters, within the local jurisdiction of the
Town of Palm Beach CONSIDERATION: $14,359.19, representing the initial lease fee computed at the base rate of $0.1246 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. The lease fee may be adjusted based on six percent of the gross rental income, pursuant to section 18-21.011(1)(a)1, F.A.C. STAFF REMARKS: The lessee is proposing to expand an existing 80-slip private docking facility, presently used in conjunction with the upland private yacht club by adding 3 additional slips, thereby creating an 83-slip facility. The facility accommodates private recreational vessels ranging in lengths of between 17 and 126 feet. The existing sovereignty submerged land lease, initially approved as a State Marine and Commercial Dock Facility License by the Board of Trustees on August 25, 1970, authorized the preemption of 94,815 square feet of sovereignty lands. A renewal of the lease, on August 25, 1984, authorized the preemption of 97,836 square feet of sovereignty lands. The proposed addition is 13,925 square feet, for a new total of 111,761 square feet. During a site visit on May 7, 2002, staff observed that mooring was occurring at the end of the southernmost terminal platform. A review of the current lease revealed that the lease did not extend further than that terminal platform, therefore, the lessee was out of compliance with the lease by allowing mooring at the end of that terminal platform. The lessee was advised to discontinue mooring at the end of that terminal platform, and the lessee complied. The lessee is now proposing to increase the lease area to incorporate this additional preempted area, as well as, to increase preempted area adjacent to two other terminal platforms at the facility. Structures within the existing lease area are located within the 25-foot riparian setback area along the northern and southern lease boundary. The 25-foot setback provision was not required by rule at the time of the original proprietary authorization. The proposed lease area expansion will also be located within the set back area along the southern lease boundary, and a waiver has been obtained from the affected adjacent property owner. The existing lease authorizes sewage pumpout facilities,
and prohibits fueling facilities and liveaboards, this will remain unchanged
if the proposed lease modification is approved. In the early 1990s, a
complaint was made against the lessee, and subsequently investigated by
the Attorney General’s Office, that there may have been a discriminatory
membership selection process at the Sailfish Club. Such a practice would
be in violation of the non-discrimination provision of the sovereignty
submerged lands lease. In 1994, the lease was renewed with a ************************************************* Substitute Item 8, cont. special lease condition that required the lessee to “provide the Board of Trustees with substantive evidence of its non-discriminatory club membership policies documented in a status report to the Governor and Cabinet prior to the expiration of the one-year lease.” In 1995, the lease was renewed for a standard five-year lease term. The lessee’s by-laws, which now include the statement “The Board of Governors of the Club shall not consider race, color, religion, sex, national origin, age, handicap or marital status of the applicant, applicant’s spouse or applicant’s family” are on file with DEP. It has also been reported that the lessee does have minority members. The recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding protection of manatees have been addressed as special lease conditions. Palm Beach County is a designated county without an approved manatee protection plan. FFWCC has stated that Palm Beach County is not making significant progress in developing a plan. There are no seagrasses/resources within the project area at the site. The project was not required to be noticed, pursuant to section 253.115(i), F.S. 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 Town of Palm Beach. (See Attachment 8, Pages 1-7) RECOMMEND APPROVAL SUBJECT TO THE SPECIAL LEASE CONDITIONS AND PAYMENT OF $14,359.19 ************************************************* Substitute Item 9 Robert J. Skidmore, Sr. Recommended Consolidated Intent REQUEST: Consideration of an application for a modification of a ten-year sovereignty submerged lands lease to (1) reduce the term of the lease from ten years to five years; and (2) increase the preempted area from 29,903 square feet to 97,941 square feet for a commercial barge docking facility. COUNTY: Martin APPLICANT: Robert J. Skidmore, Sr. LOCATION: Section 32, Township 37 South, Range 41 East,
in the St. Lucie River, Class III Waters, within the local jurisdiction
of the city of Stuart CONSIDERATION: $14,322.83, representing the initial lease
fee computed at the base rate of $0.1246 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.
The lease fee may be adjusted based on six percent of the gross rental
income, pursuant to section 18-21.011(1)(a)1, F.A.C. ************************************************* Substitute Item 9, cont. STAFF REMARKS: The lessee is proposing to expand the existing lease boundary for a commercial facility which is used for mooring barges. The existing structure is a single pier at which barges are moored parallel. No associated structures exist on the upland portion of this property. The original sovereignty submerged lands lease approved by the Board of Trustees, on April 8, 1981, authorized the preemption of 17,400 square feet of sovereignty submerged lands for use as a commercial marina. A modification and reassignment to the current lessee was issued on April 8, 1991, which included an increase of the preempted area to 28,449 square feet. The preempted area was increased again on April 8, 1996, under a delegation of authority, to 29,903 square feet, the current size of the facility. The proposed addition is 68,038 square feet, for a new total of 97,941 square feet. Due to the current use of the structure as a barge mooring facility, the number of slips has decreased from 24 boat slips to 16 barge slips, depending on the size of the barges moored at the facility. A portion of the existing structure and the existing and proposed lease boundary are located within a Florida Department of Transportation (FDOT) bridge right-of-way. FDOT does not object to the expansion of the lease area within the bridge right-of-way according to court transcripts on file for May 6, 1997. According to these documents, the applicant is allowed “whatever use he could get permitted from the appropriate governmental entity…. One of the concerns we (FDOT) would have is the storage of flammable materials under the bridge. But, other than that….the (FDOT) has no objections.” A site inspection performed on September 11, 2001, revealed barges were being moored outside of the current lease boundary. The lessee was sent a Notice of Non-Compliance regarding activities outside of the lease boundary and the facility was subsequently brought into compliance. The lessee, under the current proposal is requesting authorization to increase the lease area to incorporate this additional area for these barges. An October 1, 2002 site inspection revealed that the lessee is in now in compliance with the current lease. The existing lease authorizes fueling facilities (which are not present) and a sewage pumpout facility, and prohibits liveaboards. When the lease was renewed in 2001, it was renewed as a standard ten-year lease; however, the use has changed from a marina to a barge mooring facility. Therefore, the facility no longer qualifies for the standard ten-year lease term, pursuant to section 18-21.008(1), F.A.C., and a 30 percent discount is no longer applicable, pursuant to section 18-21.0011(1)(b)2, F.A.C. Since the use of the facility has changed, the fueling facilities and sewage pumpout will no longer be authorized in the modified lease. The Florida Fish and Wildlife Conservation Commission (FFWCC) states that the project is consistent with the Martin County Manatee Protection Plan. FFWCC recommendations regarding the protection of manatees have been address as special lease conditions. There are no seagrasses/resources within the vicinity of the proposed lease boundaries. The project is not required to be noticed, pursuant to section 253.115(5)(i), F.S. A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S. The Department of Community Affairs determined that the plan was in compliance. The proposed action is consistent with the adopted plan according to a letter received from the City of Stuart. (See Attachment 9, Pages 1-8) RECOMMEND WITHDRAWAL ************************************************* Item 10 Town of Ft. Myers Beach Recommended Consolidated Intent DEFERRED FROM THE AUGUST 27, 2002 AGENDA REQUEST: Consideration of an application for (1) a ten-year, extended term, sovereignty submerged lands lease, containing 1,954,346 square feet (44.87 acres), more or less, for a managed, municipal anchorage mooring field; (2) waiver of lease fees; and (3) authorization to allow ten liveaboard vessel occupants to moor beyond six months. (ITEM CONTINUED ON NEXT PAGE) ************************************************* Item 10, cont. COUNTY: Lee APPLICANT: Town of Fort Myers Beach (Town) LOCATION: Sections 19 and 24, Township 46 South, Range
24 East, in Matanzas Pass, Class II Waters, within the local jurisdiction
of the Town of Fort Myers Beach STAFF REMARKS: In accordance with rules adopted pursuant to sections 373.427(2) and 253.77(2), F.S., the attached “Recommended Consolidated Notice” contains a recommendation for issuance of both the permit required under part IV of chapter 373, F.S., and the authorization to use sovereignty submerged lands under chapter 253, F.S. The Board of Trustees is requested to act on those aspects of the activity which require authorization to use sovereignty submerged lands. If the Board of Trustees approves the request to use sovereignty submerged lands and the activity also qualifies for a permit, the Department of Environmental Protection (DEP) will issue the “Consolidated Notice of Intent to Issue” that will contain general and specific conditions. If the Board of Trustees denies the use of sovereignty submerged lands, whether or not the activity qualifies for a permit, DEP will issue a “Consolidated Notice of Denial.” The applicant is proposing to create a 44.87-acre mooring
field (the Town of Fort Myers Beach Matanzas Pass Municipal Anchorage)
that will be open to the public, on a first-come, first-serve (not-for-profit)
basis that will address current unregulated mooring. Some 110 vessels
were counted last year during peak season within the jurisdictional limits
of the Town of Fort Myers Beach. Currently there exists a number of problems
associated with the unregulated mooring within the Harbor, specifically:
(1) damage to the adjacent submerged resources, i.e. seagrass beds; (2)
unregulated long-term mooring, including approximately 20 abandoned and
derelict vessels; and (3) uncontrolled discharge of waste. The proposed
mooring field is expected to have a number of benefits. Specifically,
the mooring field is expected to: (1) protect adjacent resources (i.e.
adjacent seagrass beds, Estero Bay Aquatic Preserve); (2) prohibit any
new long-term moorings; (3) provide services to improve water quality
such as providing sewage pumpout facilities, shower facilities, garbage
collection, recycling, removing derelict vessels and preventing new derelict
vessels, boater education, quicker/more effective fuel spill response,
and hazardous waste collection; (4) provide an enhanced enforcement presence
through the enforcement provisions of the Harbormaster; and (5) improve
navigation within the harbor, i.e. creating a buffer between the federal
navigation channel and the mooring field and creating secondary navigation
channels. The proposed mooring field will contain 70 mooring spaces, each
with helical anchors, cables and buoys, and designed to accommodate recreational
vessels up to 58 feet in length. The applicant has negotiated a contract
with an upland marina (Hanson Marine Properties, Inc., d/b/a Salty Sam’s
Marina, Inc. - Lease No. 360706835) to operate the mooring field. This
commercial ************************************************* Item 10, cont. marina is located near the mooring field and will provide harbormaster facilities/amenities for patrons of the mooring field, which include: convenient sewage pumpout facilities, waste receptacles, a dinghy dock for land access, an on-site harbormaster quarters, laundry facilities, restrooms, shower facilities, and a ship’s store. The applicant is of the opinion that these amenities will encourage boaters to use the mooring field. The marina will collect a rental fee from mooring field patrons and will retain 95 percent of the total gross rental income in order to cover the cost of operating the mooring field. The marina will remit to the applicant 5 percent of the total gross rental. The intent of the contract between the applicant and the marina is to ensure that all revenues collected from the mooring field will be used solely for the purposes of operation and maintenance of the mooring field. Section 18-21.011(1)(b)7, F.A.C., states in pertinent part that lease fees may be waived under the following circumstances: “a) Any revenues collected from the activity or use of sovereign submerged lands are used solely for the purposes of operation and maintenance of the structure; and b) The activity or use of sovereign submerged lands is consistent with the public purposes of the applicant organization and is not an adjunct to a commercial endeavor.” Based upon the merits of the proposed project and information provided to DEP by the Town indicating that fees will be assessed and profits shall be used to offset costs and construction, operations, and maintenance of the mooring field, DEP is of the opinion that the proposed activity meets the rule requirement. Therefore, DEP recommends that the lease fee be waived. A special lease condition will require the Town to provide annual accounting data demonstrating whether the mooring field is a revenue generating activity. Should the accounting data demonstrate that the mooring field is a revenue generating activity, the special lease condition will require the Town to submit lease fees for the use of sovereignty submerged land, pursuant to section 18-21.011, F.A.C. Sections 18-21.008(2)(a)1 and 2, F.A.C., state in pertinent part that: “Extended term leases shall be available for existing or proposed facilities or activities…where the use of the sovereignty submerged lands and the associated existing or proposed structures on sovereignty submerged lands have or will have an expected life, or amortization period, equal to or greater than the requested lease term and where the applicant has demonstrated that: 1. The facility or activity provides access to public waters and sovereignty submerged lands for the general public on a first-come, first-served basis; 2. The facility is constructed, operated or maintained by government, or funded by government secured bonds with a term greater than or equal to the requested lease term.” The Town has provided information to DEP indicating that: (1) all slips within the lease area shall be made available for rent to the public on a “first-come, first-served” basis; and (2) that the mooring field will be constructed by the Town and the mooring field will be operated and maintained by the Town via a contracted harbormaster. Therefore, DEP is of the opinion that the proposed extended term lease is consistent with the rule. The applicant has submitted a Harbor Management Plan (Plan) that provides background information, design, operational rules and regulations, and objectives for the applicant’s oversight and management of the entire mooring field via the harbormaster. A special lease condition will incorporate the Plan into the lease. The Plan will require the harbormaster to: (1) enforce
the provisions of the sovereignty submerged lands lease and any permits
granted; (2) provide administration for the operation, maintenance, and
security of the mooring field and shoreside amenities (harbormaster facilities);
(3) assign moorings; (4) prepare records and reports as they relate to
management of the mooring field; (5) maintain the mooring field and harbormaster
facilities; and (6) ensure that all mooring field patrons execute a mooring
lease agreement during normal business hours, or for those vessels arriving
after normal business hours, at the start of business the following day.
This lease agreement will bind the users to the rules and regulations
as provided in the Plan. Only authorized and operational vessels, those
capable of maneuvering ************************************************* Item 10, cont. under their own power, and those in compliance with the United States Coast Guard regulations and safety standards will be allowed within the mooring field. Any vessel within the boundaries of the mooring field at the time of adoption of the Plan shall be required to meet all applicable rules and regulations of the Plan or the vessels will be required to vacate the mooring field. Upon execution of the mooring field lease, all open water mooring within the applicant’s jurisdictional limits, but located outside of the lease, will be limited to 24 hours pursuant to a local ordinance adopted by the applicant. This will minimize random mooring outside of the lease, thus alleviating unmonitored discharge of sewage and gray water, as well as, unregulated mooring over submerged resources in the area. Upon entering the mooring field, all vessel operators will be required to empty their sewage holding tanks into the sewage pumpout facility located at the harbormaster's marina and all Y-valves shall be locked and sealed in the non-overboard position. No pumping of sewage in any area within the mooring field will be allowed, except at the pumpout station. Liveaboard vessel operators will be required to empty their sewage holding tanks not less than every three days, unless an alternate pump out schedule for the vessel is approved by the harbormaster, and this shall be dependent upon the size of the vessel’s holding tank. Major repairs or refitting of vessels, including any activity that could result in a deposition of materials into the waterway or within the mooring field, will be strictly prohibited. As a result of the restrictions placed on the mooring field through the specific permit conditions and the Plan, the mooring field is anticipated to help alleviate random mooring of boats and the discharge of sewage and gray water in Matanzas Pass, thereby protecting sovereignty submerged land resources in the area. It has been the position of the Board of Trustees to discourage liveaboards from mooring over sovereignty submerged lands. A liveaboard is defined in sovereignty submerged land leases as “a vessel docked at the facility and inhabited by a person or persons for any five consecutive days or a total of ten days within a 30 day period. If liveaboards are authorized, in no event shall such liveaboard status exceed six months within a 12 month period, nor shall any such vessel constitute a legal or primary residence.” The Town has identified ten individuals that are year-round liveaboard occupants in Matanzas Pass, and have been so for many years. These ten individuals are anticipated to become patrons of the mooring field. However, while they conform to all parts of the Plan, they would have to leave the mooring field under the more restrictive definition of liveaboards described above. In all of the public meetings that the Town has held to establish the Plan, this issue was extensively discussed. As a result, the Town is concerned that not allowing continued year round liveaboard mooring specifically for and limited to the ten individuals identified by the Town could be detrimental to the Plan’s success. The Town therefore requests that the Board of Trustees consider the equity of an existing identified use of sovereignty submerged lands in determining whether to approve the applicant’s request to allow an exception to the restrictive length of stay of six months for these ten liveaboard vessel occupants. Based upon past Board of Trustees’ actions pertaining to mooring fields, DEP does not recommend deviating from the current standard lease condition. However, should the Board of Trustees approve the Town’s request to allow an exception to the six-month limit on liveaboards for the identified ten individuals, DEP will work with the Town to obtain sufficient documentation to identify the ten liveaboard vessel occupants to be subject to the exception. The Town of Fort Myers Beach is located in Lee County.
The County is a designated manatee county without a state approved manatee
protection plan. Pursuant to a letter sent by the Florida Fish and Wildlife
Conservation Commission (FFWCC) on December 18, 2001, ************************************************* Item 10, cont. significant progress has not been made on the county’s manatee protection plan. However, FFWCC recommends approval of the Town’s mooring field if the applicant: (1) complies with the standard manatee protection construction conditions for all in-water construction; and (2) installs and maintains a manatee educational program, which shall include at a minimum, permanent signs and kiosks, speed zone booklets, and manatee educational brochures and pamphlets, in accordance with FFWCC requirements. These recommendations are incorporated into DEP’s environmental resource permit. The proposed project was noticed pursuant to section 253.115, F.S., in a newspaper of general circulation, and it was specifically noticed to property owners within 500 feet of the proposed project area. The applicant has also held public workshops over the past several years to make the public aware of the mooring field. No objections were received in response to the noticing. However, prior to and after noticing, DEP received objections from nine individuals. The objections pertain to the following: (1) potential adverse affects to the real property, riparian and other existing property rights; (2) the applicant potentially exceeding its statutory and constitutional authority in matters pertaining to the navigable waters of the affected waterbody; (3) the size of the mooring field has been increased to accommodate shoal and seagrass areas in a commercial mooring area; (4) the jurisdictional line of the applicant’s limits have been extended to accommodate the western field; (5) displacement of liveaboard vessels during construction and destruction of homesites; (6) inadequate slips for year round liveaboard vessels; and (7) that the proposed project will not create a benefit to the environment. DEP is of the opinion that the applicant has addressed these objections as follows: (1) section 18-21.004(3)(b), F.A.C., states in pertinent part that "satisfactory evidence of sufficient upland interest is not required for activities on sovereignty submerged lands that are not riparian to uplands, or when a governmental entity conducts restoration and enhancement activities, provided that such activities do not unreasonably infringe on riparian rights." Based on a review of historical aerial photographs, the mooring field will be situated waterward compared to the historical mooring locations of vessels and does not appear to adversely affect the riparian rights of waterfront property owners. Residents have complained that during storm events, the vessels now randomly moored in Matanzas Pass have been improperly anchored and are carried into other vessels, or onto shore, thus causing damage to adjacent properties. The applicant believes the mooring systems will minimize this occurrence; (2) the applicant has established secondary access channels to facilitate the flow of vessels and the mooring field will not encroach into the federal navigational channel; (3) the size of the western mooring field has been increased to further protect the submerged resources that are adjacent to the field. No overnight mooring, only transitional mooring such as to allow recreational opportunities, i.e. fishing, is to be allowed within the area of the submerged resource; (4) the jurisdictional limits of the Town have not been extended; (5) the installation method requires a small area and will therefore only displace a small amount of people at any one time and only to other sections of the mooring field; (6) the Marine Resources Task Force Advisory Committee has already identified ten individuals that they can document year round use; and (7) the services that will be provided by the mooring field is expected to reduce impacts to waster quality and adjacent seagrass beds. DEP’s environmental resource permit authorizes liveaboards and requires sewage pumpout facilities. A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S. According to a letter received from the applicant, the proposed action is consistent with the adopted plan, as amended. ************************************************* Item 10, cont. (See Attachment 10, Pages 1-92) RECOMMEND (1) APPROVAL OF THE TEN-YEAR EXTENDED TERM LEASE SUBJECT TO THE SPECIAL APPROVAL CONDITION AND THE SPECIAL LEASE CONDITIONS; (2) APPROVAL OF THE WAIVER OF LEASE FEES; AND (3) DENIAL OF THE AUTHORIZATION TO ALLOW LIVEABOARDS TO MOOR BEYOND SIX MONTHS ************************************************* Item 11 Broward County Beach Nourishment Easement/Consent of Use/Waiver of Survey REQUEST: Consideration of an application for (1) a five?year sovereignty submerged lands public easement containing 108 acres, more or less, for a proposed borrow site; (2) a consent of use for placement of 935,000 cubic yards of sand for beach nourishment; and (3) waiver of survey requirement. COUNTY: Broward APPLICANT: Broward County (Beach Nourishment - Segment II) LOCATION: Beach nourishment at Pompano Beach from R-36
to R-43 and at Lauderdale-By-The-Sea and northern Fort Lauderdale from
R-51 to R-72, and Borrow Area I off-shore of Deerfield Beach, in the Atlantic
Ocean, within the jurisdiction of Broward County CONSIDERATION: No fees required for public easements at this time. STAFF REMARKS: The applicant is proposing to dredge 1,724,000 cubic yards of sovereignty material to obtain sand for beach nourishment. The sand will be disposed on the dry and wet portions of the beach. The Broward County Beach Nourishment project consists of two separate projects (or segments). Segment II is located between Hillsboro Inlet and Port Everglades Inlet. Segment III is located between Port Everglades Inlet and the Dade County line. The borrow sites, beach nourishment, artificial reefs, groins, and jetty spur associated with Segment III have already been authorized pursuant to the Delegation of Authority for use of sovereignty submerged lands. All activities in the Segment II project would normally be authorized pursuant to the Delegation of Authority, but the entire project is being brought before the Board of Trustees because of heightened public concern. Pursuant to section 18-21.011(3)(c), F.A.C., a waiver
of the dredge fees may be granted if the materials are placed on public
property and used for public purposes, or if the dredged material has
no economic value. The dredged material from Borrow Area I is beach-quality
sand that will be placed on the beach to offset the impacts of accelerated
erosion, maintain a recreational beach, restore and maintain marine turtle
nesting habitat, and provide storm protection to upland properties. An
erosion control line has been or will be established to retain state ownership
of the restored portion of the beach. ************************************************* Item 11, cont. Staff of the Bureau of Beaches and Wetland Resources was
concerned about possible impacts to nearshore hardbottom communities.
These concerns were also raised by environmental interest groups (Reef
Keepers and Cry of the Water). After an extensive impact minimization
process, the applicant made several revisions to the design berm in order
to reduce the extent of fill, and thereby reduce impacts to nearshore
hardbottom communities. Overall, the Segment II project, as initially
proposed in 1999, has been reduced from 1.8 million cubic yards to 935,000
cubic yards, and hardbottom impacts have been reduced from approximately
15 acres to 6.0 acres of gross hardbottom impact, which includes interstitial
sand patches. Staff was also concerned about the impact to harbottoms
adjacent to the borrow area from the sedimentation associated with the
use of a hopper dredge. The severity of this impact was substantially
reduced by incorporating a borrow area rotation plan that halts dredging
at a given borrow area before the sedimentation can accumulate beyond
naturally occurring levels. This will incorporate monitoring for stress
thresholds of the organisms. Broward County is a designated manatee county without
an approved manatee protection plan. The Florida Fish and Wildlife Conservation
Commission (FFWCC), Bureau of Protected Species Management, stated they
are making significant progress toward adoption of a plan. Although, beach
nourishment projects such as this generally do not pose a significant
threat to manatees, the permit will include the standard manatee protection
conditions. The recommendations of FFWCC, Office of Environmental Services, Bureau of Protected Species Management regarding protection of manatees and marine turtles have been addressed in the draft permit as specific conditions. The project was revised to avoid impacts to seagrasses. Unavoidable impacts to hardbottoms will be offset with mitigation. A Notice of Application was published in the Sun Sentinel on January 12, 2000. Section 163.3194(3)(b), F.S., in summary, states that the local development approved or undertaken by a local government shall be consistent with the adopted plan. In a letter dated September 29, 1999, Broward County declared that this project is consistent with the state-approved comprehensive plan. (See Attachment 11, Pages 1-48) RECOMMEND APPROVAL SUBJECT TO THE SPECIFIC CONDITIONS IN PERMIT NO. 0163435-005-JC |
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