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AGENDA

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

OCTOBER 28, 2003

 

_________________________________________________________

 

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Item 1                  Minutes

 

Submittal of the Minutes from the September 18, 2003 Cabinet Meeting.

 

(Attachment 1, Pages 1-15)

 

RECOMMEND   APPROVAL

 

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Item 2        RDR Industries, Inc. Option Agreement/Wekiva-Ocala Greenway Florida Forever Project

 

REQUEST:  Consideration of an option agreement to acquire 273.1 acres within the Wekiva-Ocala Greenway Florida Forever project from RDR Industries, Inc.

 

COUNTY:  Lake

 

LOCATION:  Section 01, Township 18 South, Range 28 East and Section 36, Township 17 South, Range 28 East

 

CONSIDERATION:  $508,500

 

                            APPRAISED BY                        SELLER’S              TRUSTEES’

                            Goodman              APPROVED              PURCHASE              PURCHASE              OPTION

PARCEL              ACRES              (08/06/03)   VALUE      PRICE       PRICE                   DATE        

RDR Industries, 153.5              $385,000              $385,000        *                     **                         120 days after

Inc. #778                                                               BOT approval

 

RDR Industries,                                                120 days after

Inc. #781              119.6              $180,000              $180,000        *                   **                    BOT approval

              273.1              $565,000              $565,000              $164,100*              $508,500** 

                                                            (90%)      

 

*  Both parcels were purchased on November 3, 1981 in a single transaction for $164,100.

** Represents total amount for both parcels at $1,863 per acre.

 

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 26, 2003.  The project contains 74,359 acres, of which 41,994 acres have been acquired or are under agreement to be acquired.  After the Board of Trustees approves this agreement, 32,092 acres, or 43 percent of the project, will remain to be acquired.

 

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 an 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 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 project will protect these animals and the Wekiva and the St. Johns river basins by protecting natural corridors connecting Wekiva Springs State


 

                   Board of Trustees

                   Agenda – October 28, 2003

                   Page Two

 

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Item 2, cont.

 

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 the Department of Agriculture and Consumer Services’ Division of Forestry as part of the Seminole State Forest.

 

This acquisition is consistent with section 187.201(9), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

 

(See Attachment 2, Pages 1-18)

 

RECOMMEND APPROVAL

 

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Item 3 St. Johns River Water Management District Option Agreement/Volusia Conservation Corridor Florida Forever Project

 

REQUEST:  Consideration of an option agreement to acquire 3,883.41 acres within the Volusia Conservation Corridor Florida Forever project from St. Johns River Water Management District.

 

COUNTY:  Volusia

 

LOCATION:  Section 36, Township 15 South, Range 30 East; Sections 08, 17, 31 and 32, Township 15 South, Range 31 East; Sections 01 and 12, Township 16 South, Range 30 East; and Sections 05 through 08, 16 through 18 and 20, Township 16 South, Range 31 East

 

CONSIDERATION:  $4,606,248

 

                            APPRAISED BY                        SELLER’S              TRUSTEES’

                            Goodman              Lampe              APPROVED              PURCHASE              PURCHASE              OPTION

PARCEL            ACRES            (04/02/03)            (04/02/03)      VALUE         PRICE          PRICE                 DATE        

SJRWMD            3,883.41            $4,740,000            $4,306,500            $4,740,000          *            $4,606,248**            120 days after

                                                    (97%)            BOT approval

*  SJRWMD purchased parcel as part of a larger purchase on July 30, 2002

** $1,186 per acre

 

STAFF REMARKS:  The Volusia Conservation Corridor project is an “A” group project on the Florida Forever Full Fee Project List approved by the Board of Trustees on August 26, 2003.  The project contains 33,625 acres, of which 14,562 acres have been acquired or are under agreement to be acquired either in fee or less-than-fee.  The subject 3,883.41 acres being considered for acquisition are included in the 14,562 acres.  After the Board of Trustees approves this agreement, 19,063 acres, or 57 percent of the project, will remain to be acquired.

 

This acquisition is part of a 12,198-acre tract that was acquired by St. Johns River Water Management District (SJRWMD) and Volusia County.  The Board of Trustees will be acquiring the subject parcel from SJRWMD pursuant to an understanding in which the Board of Trustees, SJRWMD, and Volusia County would partner equally in the acquisition of the parent tract once on the Florida Forever List.  Because of the time constraints, SJRWMD and Volusia County acquired the entire property prior to the Acquisition and Restoration Council’s


 

                   Board of Trustees

                   Agenda – October 28, 2003

                   Page Three

 

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Item 3, cont.

 

approval to add the property into the Volusia Conservation Corridor Florida Forever project. The Board of Trustees will acquire the parcel subject to a 289-acre timber reservation held by Plum Creek Timberlands, LP, the previous owner.  Approximately one-third of the reservation acreage expires in 2007, with another one-third expiring in 2012 and the remaining one-third expiring in 2017.  The Board of Trustees will hold 100 percent fee title to the parcel. 

 

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 an 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 prior to closing.

 

The opportunity exists to conserve a continuous corridor of environmentally significant land from the Tiger Bay State Forest, through the central wetlands and flatwoods of Volusia County, to the marshes of the St. Johns River.  A significant portion of the land in the project serves as habitat for endangered and threatened species, and serves to protect natural communities that are listed by the Florida Natural Areas Inventory as critically imperiled, or rare, or as excellent quality occurrences of natural communities.  The northern border of the proposal adjoins the Port Orange wellfield, an approximately 13,000-acre natural area composed of similar habitats owned jointly by the City of Port Orange and Volusia County.  The wellfield in turn adjoins Tiger Bay State Forest to the north, a roughly 23,000-acre tract of similar habitat that continues north to SR40.  Together these parcels preserve a natural landscape of swamps and flatwoods that is home to several endemic plant species, as well as populations of Florida black bear and numerous wading birds.

 

The property will be managed by the Division of Forestry as an addition to the Tiger Bay State Forest.

 

This acquisition is consistent with section 187.201(9), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

 

(See Attachment 3, Pages 1-34)

 

RECOMMEND APPROVAL

 

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Item 4                  Annual Land Management Review Team Findings

 

REQUEST:  Consideration of the Annual Land Management Review Team findings.

 

COUNTY:  Statewide

 

STAFF REMARKS:  Section 259.036, F.S., requires the Board of Trustees, acting through the Department of Environmental Protection (DEP), to conduct management reviews of selected conservation, preservation and recreation lands titled in the Board of Trustees to determine whether those lands are being managed for the purposes for which they were acquired and in accordance with their adopted management plans.  The legislation requires


 

                   Board of Trustees

                   Agenda – October 28, 2003

                   Page Four

 

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Item 4, cont.

 

DEP to submit a report of its findings to the Board of Trustees no later than the second board meeting in October of each year.

 

Properties to be reviewed were selected from a database of the Board of Trustees’ lands based on plan due-dates, managing agency, and geographic location.  Regional review team members were selected in accordance with the requirements of the legislation to include representatives of the following: (1) the county or local community in which the parcel is located; (2) DEP’s Division of Recreation and Parks (DRP); (3) the Department of Agriculture and Consumer Services’ Division of Forestry; (4) the Florida Fish and Wildlife Conservation Commission; (5) DEP’s district office; (6) the private sector; (7) the local Soil and Water Conservation District board of supervisors; and (8) a conservation organization.  Participating state agencies, soil and water conservation districts, and conservation groups have had continual input into the development and ongoing evolution of the review process.  Additionally, DEP coordinates with representatives of the Water Management Districts (WMD) to integrate management reviews where WMD lands are adjacent to Board of Trustees’ lands and when the Board of Trustees has joint ownership of parcels with a WMD.

 

Twenty-one reviews, involving more than 238,000 acres of managed lands, were conducted during the 2002-2003 fiscal year.  Reports of the management review team findings are provided to the managing agency and the Acquisition and Restoration Council.  Overall, the teams found that the public’s land was being managed appropriately, with adequate or excellent scores for the majority of the resource issues addressed during the sites visited, including public access, public education and outreach programs, restoring disturbed natural areas, non-native invasive plants management issue, testing for degradation of surface and groundwater water resources, and protection of listed plants and animals.  Most management problems may be directly related to a lack of funding: 89 percent of the managed areas were found to have inadequate staff; 50 percent were found to have inadequate funding; and 35 percent were found to have inadequate equipment to properly manage the natural resources.  Overall, however, the review teams found that the managers of these areas are dedicated professionals who are doing an excellent job with the resources available.

 

All 21 properties reviewed were found to be managed for the purpose for which they were acquired.  Actual management practices, including public access, were found to be in compliance with the management plans at 20 of the properties.  Fort Zachary Taylor Historic State Park, managed by DRP, was found by the review team not to be managed in compliance with the approved land management plan.  The review team felt that adequate progress has not been made toward stabilizing the fort structure and related artifacts.  The review team also felt that sufficient funding has not been allocated to the stabilization of historic resources.  Pursuant to section 259.036, F.S., if the land management review team determines that reviewed lands are not being managed for the purposes for which they were acquired or in compliance with the adopted land management plan, DEP shall provide the review findings to the Board of Trustees, and the managing agency must report to the Board of Trustees its reasons for managing the lands as it has.  The Fort Zachary Taylor report is attached along with the other review team reports.

 

The report of the annual review team findings is consistent with section 259.036, F.S., and with the Natural Systems and Recreation Lands section of the State Comprehensive Plan.

 

(See Attachment 4, Pages 1-145)

 

RECOMMEND ACCEPTANCE