Cabinet
Affairs |
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AGENDA
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
NOVEMBER 29, 1995
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Item 1 Minutes
Submittal of the minutes of the October 12, 1995 Cabinet Meeting.
RECOMMEND ACCEPTANCE
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Item 2 Quarterly Management Report
Submittal of the Quarterly Management Report for the first
quarter, SFY 1995-96.
RECOMMEND ACCEPTANCE
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Item 3 Krysher/Delzer/Feddeler Option Agreement/Florida
Springs Coastal Greenway CARL Project
REQUEST: Consideration of an option agreement to acquire
28.5 acres within the Homosassa Reserve/Walker Property Area of
the Florida Springs Coastal Greenway CARL project from Walter B.
Krysher, Ruth E. Krysher, Harvey V. Delzer, Hilda P. Delzer, Carl
A. Feddeler and Mary Louise Feddeler.
COUNTY: Citrus
LOCATION: Section 01, Township 20 South, Range 17 East
CONSIDERATION: $414,000
REVIEW NO. 519001
APPRAISED BY
EMERSON TOBIAS APPROVED PURCHASE OPTION
SELLER ACRES (04/21/95) 04/21/95 VALUE PRICE DATE
------ ------- ---------- ------- -------- --------- -------
Krysher, et al 28.5 $445,000 $452,300 $452,300 $414,000 03/31/96
STAFF REMARKS:
The Florida Springs Coastal Greenway CARL project is ranked
number 2 on the CARL Substantially Complete List approved by the
Board of Trustees on February 14, 1995, and is eligible for negotiation
under the Division of State LandsLand Acquisition Workplan.
This project contains 40,262 acres, of which 27,619.01 acres
have been acquired or are under agreement to be acquired.
After the Board of Trustees approves this agreement, 12,614.49
acres or 31.33 percent of the project will remain to be negotiated.
All mortgages and liens will be satisfied at the time of closing.
In the event the commitment for title insurance, to be obtained
prior to closing, reveals any other encumbrances which may affect
the value of the property, staff will so advise the Board of
Trustees prior to closing.
A certified survey and environmental audit will be provided by
the purchaser prior to closing.
One of the most important aspects of the Homosassa Reserve/Walker
property is its geographic position between other protected
conservation lands and its consequent value as an ecosystem
corridor. Acquisition of this property will fill a gap between
the Chassahowitzka National Wildlife Refuge, The Chassahowitzka
State Wildlife Management Area, the Crystal River State Reserve,
the St. Martins River CARL project, the Homosassa Springs State
Wildlife Park, and the St. Martins Marsh Aquatic Preserve.
Waters in the adjacent Chassahowitzka Bay and St. Martins Marsh
Aquatic Preserve are designated Outstanding Florida Waters, and
acquisition of this property will help protect these resources
from possible adverse effects of private land uses.
Board of Trustees
Agenda - November 29,
1995
Page Two
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Item 3, cont.
This property will be managed as an addition to the state forest
and wildlife management area with the Division of Forestry of the
Department of Agriculture and Consumer Services as the lead
management agency and the Florida Game and Fresh Water Fish
Commission as a cooperating manager.
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 1-24)
RECOMMEND APPROVAL
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Item 4 The Nature Conservancy Purchase Agreement/Sebastian
Creek and Lake George CARL Projects
REQUEST: Consideration of the acquisition of a purchase
agreement to acquire 7,100 acres within the Sebastian Creek CARL
project and 8,252.64 acres within the Lake George CARL project
from The Nature Conservancy (TNC).
COUNTY: Indian River and Brevard (Sebastian Creek)
Volusia (Lake George)
LOCATION: Sections 24-29 and 32-36, Township 15 South,
Range 28 East; Se ctions 01-05, 09-12, 16, 45 and 46, Township 16
South, Range 28 East; Section 31, Township 15 South, Range 29
East; Sections 06 and 16, Township 16 South, Range 29 East;
Sections 13-19 and 21-28, Township 30 and 31 South, Range 38 East
(Lake George); and
Sections 15, 21 and 22, Township 31 South, Range 38 East, Indian
River County and a portion of the Fleming Grant lying in Indian
River and Brevard Counties (Sebastian Creek)
CONSIDERATION: $30,100,000 ($100,000 for the acquisition
of the purchase agreement; $30,000,000 for the purchase of the
property)
REVIEW NO 519002
APPRAISED BY
Rogers Gray APPROVED PURCHASE CLOSING
PROJECT ACRES (03/15/95) (03/26/95) VALUE PRICE DATE
--------- ------- ---------- ---------- ------- ------- ------
Sebastian 7,100.00 $20,590,000 $21,300,000 $21,300,000
Creek
Hamilton Santangini
(02/23/93) (02/25/93)
---------- ----------
Lake 8,252.64 $8,665,000 $9,903,168 $9,903,168
George _________ __________ __________
15,352.64 $31,203,168 $30,000,000 03/01/96 or 45 days after Purchaser's receipt of the final
survey, whichever is later
STAFF REMARKS: The Sebastian Creek CARL project in ranked
number 4 on the Bargain/Shared Projects List approved by the
Board of Trustees on February 14, 1995, and is eligible for
negotiation under the Division of State Lands Land Acquisition
Work plan. This project contains 16,239 acres, of which 6,894
acres have been acquired or are under agreement to be acquired.
After the Board of Trustees approves this agreement, 2,245 acres
or 13.82 percent of the project will remain to be acquired. The
Lake George CARL project is ranked number 7 on the Substantially
Complete Projects List approved by the Board of Trustees on
February 14, 1995, and is eligible for negotiation under the
Division of State Lands Land
Board of Trustees
Agenda - November 29,
1995
Page Three
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Item 4, cont.
Acquisition Workplan. This project contains 40,357 acres, of
which 28,606 acres have been acquired or are under agreement to
be acquired. After the Board of Trustees approves this
agreement, 3,498.36 acres or 8.67 percent of the project will
remain to be negotiated.
Pursuant to a multi-party agreement entered into between the
Division of State Lands and TNC, TNC has acquired a purchase
agreement to purchase 7,100 acres within the Sebastian Creek
CARL project and 8,252.64 acres within the Lake George CARL
project from Anthony A. Coraci and D.S.C. of Newark Enterprises,
Inc. If this item is approved, the Board of Trustees will
acquire the purchase from TNC for $100,000. The Board of
Trustees may then purchase the property. The assignment of the
purchase agreement further provides that in no event will the
purchase price for the purchase agreement and purchase price of
the property exceed the approved value of the property.
All mortgages and liens will be satisfied at the time of closing.
A title commitment has been provided by seller on each property
and is currently under review by staff. In the event the
commitments for title insurance reveal any encumbrances which may
affect the value of the properties or proposed management of the
properties, staff will so advise the Board of Trustees prior to
closing.
There is an existing cattle, hunting and agricultural lease on
each property. As part of the negotiations, an agreement was
reached for the seller to terminate each lease on or before
closing. Upon termination of each lease at closing, the seller
will then enter into a new lease on each property which will
allow for cattle operations only and each lease will be assigned
to the Board of Trustees. The new lease will cover the entire
property and require the lessee to maintain the property, keep in
force general liability insurance, observe all applicable state
laws and cooperate in the joint use of the property by the
public. Extension of the existing leases in the form of the new
leases is required because a number of the cattle on the property
are pregnant at this time and if the seller was forced to move
cattle prior to closing, there is a probability of high mortality
for the cattle and calves would be at a great risk. The lease
will expire on September 1, 1996. The managing agencies have
determined that the cattle leases will not effect the management
of the properties and the managing agencies and staff recommend
the acquisition of these parcels subject to the cattle leases.
During preliminary negotiations, seller disclosed that there were
five distinct areas on the Sebastian Creek property with
potential environmental problems. TNC contracted with an
environmental engineering firm to provide an environmental site
assessment (ESA) on each property. Upon closing, purchaser will
reimburse TNC for actual, reasonable costs of the ESA. The ESA
did not reveal any hazardous substances, or any other
environmental conditions on the Lake George property which would
interfere with ownership or management of that property.
However, the ESA on the Sebastian Creek property revealed
elevated levels of arsenic, lead and chromium (the "Metals"),
which exceed DEP groundwater standards. The elevated levels of
the Metals were identified on a 16 acre area of the Sebastian
creek property which was formerly permitted as a citrus
wastewater disposal area (the "Sprayfield"). After consulting
with DEP's Bureau of Waste Cleanup and Technical Review, Staff is
conducting further testing to validate the initial test results
and to delineate the extent and degree of the contamination on
the property, if any. In the event additional testing and
analysis confirms the presence of contamination on the property,
which in the opinion of the Bureau of Waste Cleanup would require
remediation, then the closing will be delayed until such time as
the seller remediates the site to levels acceptable to the Bureau
of Waste Cleanup, or the contaminated portion of the property
could be cut out of this acquisition, and the closing on the
contaminated portion of the property could be delayed until such
time as remediation is complete, in which case the purchase price
would be adjusted accordingly. Alternatively, purchaser may
terminate this agreement. In the event further testing confirms
the presence of contamination on the property but, in the opinion
of the
Board of Trustees
Agenda - November 29,
1995
Page Four
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Item 4, cont.
Bureau of Waste Cleanup, such contamination, in the interest of
the public health, safety and welfare, does not require some form
of remediation, then the purchaser will proceed with the closing
after making a determination that the area of contamination will
not effect the ownership or management of the property. In
addition to the Metals found in the Sprayfield on the Sebastian
Creek property, testing in the vicinity of a maintenance garage
indicated that groundwater concentrations of trimethyl benzene
and naphthalene were elevated above guidance concentrations.
Guidance concentrations are recommended levels above which
prolonged exposure may result in adverse health effects.
Currently there are no drinking water standards for these
compounds. It is not anticipated that these groundwater
concentrations will affect the ownership or management of the
property by the managing agency.
A certified survey is currently underway and will be provided by
the seller with the purchaser reimbursing the seller for actual
reasonable costs.
Sebastian Creek, one of the most important aggregation sites for
the endangered manatee on Florida's east coast, is surrounded by
a large island of natural flatwoods, marshes, swamps, and scrub
in a sea of agriculture and housing. The Sebastian Creek CARL
project will protect the manatee by protecting the natural lands
in the creek basin and will give the residents of the fast-
growing cities of Brevard and Indian River counties a large area
for fishing, hiking, and other pursuits. The hammocks, swamps,
and pine plantations east and south of Lake George are important
habitat for bald eagles, black bear, and other wildlife. They
are also important in maintaining the water quality of the lake,
one of the most popular in the state for recreation. The Lake
George CARL project will protect and restore the natural
commonties of this area; preserve a large area for wildlife,
together with the Ocala National Forest and Lake Woodruff
National Wildlife Refuge; and ensure that the public will be able
to enjoy the recreational and scenic values of Lake George in the
future.
The Sebastian Creek property will be managed by the Division of
Marine Resources in an effort to protect the West Indian Manatee
by providing an upland buffer to Sebastian Creek and by limiting
development in the area, thereby maintaining upland habitat
diversity and protecting the water quality of the Indian River-
Malabar to Vero Beach Aquatic Preserve.
The Lake George property will be managed by the Division of
Forestry to restore, maintain and protect all native ecosystems;
to integrate compatible human use; and to insure long-term
viability of rare population of species.
This acquisition is consistent with section 187.201(10), F.S.,
the Natural Systems and Recreational Land section of the State
Comprehensive Plan.
(See Attachment 4, Pages 1-101)
RECOMMEND APPROVAL
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Item 5 C. Austin Bryant Option Agreement/Paynes Creek
Division of Recreation and Parks Additions and Inholdings
Project
REQUEST: Consideration of an option agreement to acquire
26.2 acres within the Paynes Creek Division of Recreation and
Parks Additions and Inholdings project from C. Austin Bryant.
COUNTY: Hardee
LOCATION: Section 09, Township 33 South, Range 25 East
Board of Trustees
Agenda - November 29,
1995
Page Five
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Item 5, cont.
CONSIDERATION: $60,000
REVIEW NO. 519003
APPRAISED BY
Porter APPROVED PURCHASE OPTION
SELLER ACRES (03/14/95) VALUE PRICE DATE
------- ----- --------- ------- ------ ---------
Bryant 26.2 $62,400 $62,400 $60,000 03/30/96
STAFF REMARKS: The Paynes Creek project is ranked
number 41 on the Recreation and Parks Additions and Inholdings
list. This agreement was negotiated by the Division of State
Lands on behalf of the Division of Recreation and Parks under the
Additions and Inholdings Preservation 2000 program.
When the appraisal was ordered, the quality of access was not
known. Consequently, the appraiser was asked to supply values
with access and without access. The contract was negotiated
based on the assumption that no legal access exists. Since the
state owns the adjoining property, this will not effect the
management of the property.
All mortgages and liens will be satisfied at the time of closing.
In the event the commitment for title insurance, to be obtained
prior to closing, reveals any other encumbrances which may affect
the value of the property or the proposed management of the
property, staff will so advise the Board of Trustees prior to
closing.
A certified survey and environmental site assessment will be
provided by the purchaser prior to closing.
This property will be managed as an addition to Paynes Creek
State Historic Site by the Division of Recreation and Parks.
This acquisition is consistent with section 187.201(10), F.S.,
the Natural Systems and Recreational Lands section of the State
Comprehensive Plan.
(See Attachment 5, Pages 1-20)
RECOMMEND APPROVAL
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Item 6 Roger Alan Pangborn/Donna Lou Wicker- Option
Agreement/Goldhead Branch Division of Recreation and
Parks Additions and Inholdings Project
REQUEST: Consideration of an option agreement to acquire
19.8 acres within the Goldhead Branch Division of Recreation and
Parks Additions and Inholdings project from Roger Alan Pangborn
and Donna Lou Wicker.
COUNTY: Clay
LOCATION: Section 07, Township 08 South, Range 24 East
CONSIDERATION: $41,500
REVIEW NO. 519004
APPRAISED BY
Emerson APPROVED PURCHASE OPTION
SELLER ACRES (03/01/95) VALUE PRICE DATE
-------- ------ ---------- ----- ------ --------
Pangborn, et al 19.8 $50,500 $50,500 $41,500 03/30/96
Board of Trustees
Agenda - November 29,
1995
Page Six
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Item 6, cont.
STAFF REMARKS: The Goldhead Branch project is ranked
number 44 on the Recreation and Parks Additions and Inholdings
list. This agreement was negotiated by the Division of State
Lands on behalf of the Division of Recreation and Parks under the
Additions and Inholdings Preservation 2000 program.
All mortgages and liens will be satisfied at the time of closing.
In the event the commitment for title insurance, to be obtained
prior to closing, reveals any other encumbrances which may affect
the value of the property or the proposed management of the
property, staff will so advise the Board of Trustees prior to
closing.
A certified survey and environmental site assessment will be
provided by the purchaser prior to closing.
This property will be managed as an addition to the Mike Roess
Goldhead Branch State Park by the Division of Recreation and
Parks.
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 1-24)
RECOMMEND APPROVAL
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Item 7 Barry University/Florida Board of Regents/Florida
Atlantic University/BOT Purchase Agreement
REQUEST: Consideration of a purchase agreement among the
Florida Board of Regents, Florida Atlantic University and the
Board of Trustees to acquire 50 acres of land from Barry
University.
COUNTY: St. Lucie
APPLICANT:Florida Atlantic University
LOCATION: Sections 23, 24, 25 and 26, Township 36 South,
Range 39 East
CONSIDERATION: $2,350,000
REVIEW NO. 519005
APPRAISED BY
Gray Ford APPROVED PURCHASE CLOSING
ACRES (01/27/95) (01/25/95) VALUE PRICE DATE
----- --------- ------- ------ -------- --------
50 $2,225,000 $2,350,000 $2,350,000 $2,350,000 90 days
after BOT
approval
STAFF REMARKS: This acquisition was negotiated by Florida
Atlantic University (FAU). Funds for this acquisition were
appropriated by the 1994 Florida Legislature and are still
available. The Board of Regents approved this acquisition on May
17, 1994.
All mortgages and liens will be satisfied at the time of closing.
In the event the commitment for title insurance, to be obtained
prior to closing, reveals any other encumbrances which may
Board of Trustees
Agenda - November 29,
1995
Page Seven
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Item 7, cont.
affect the value of the property or the proposed management of
the property, staff will so advise the Board of Trustees prior to
closing.
A certified survey and environmental site assessment will be
provided by FAU prior to closing.
This property will be managed by Florida Atlantic University as a
satellite campus through a lease to the Florida Board of Regents.
This acquisition is consistent with section 187.201(01), F.S.,
the Education section of the State Comprehensive Plan.
(See Attachment 7, Pages 1-27)
RECOMMEND APPROVAL
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Item 8 Release of P2000 Funds to Acquire Interest/SJRWMD/Pumpkin
Hill CARL Project
REQUEST: Release of $602,470.17 from the Preservation 2000
Trust Fund for the acquisition of an undivided 50 percent
interest in 650.97 acres within the Pumpkin Hill CARL project
from the St. Johns River Water Management District (District)
COUNTY: Duval
LOCATION: Sections 29 and 30, Township 01 North, Range 28
East; and Section 31, Township 01 North, Range 28 East.
CONSIDERATION: $602,470.17 (The Board of Trustees 50
percent share of the total purchase price of $1,204,940.35)
STAFF REMARKS: The Pumpkin Hill Creek CARL project is
ranked number 19 on the 1995 CARL Bargain\Shared Project List
approved by the Board of Trustees on February 14, 1995, and
qualifies for purchase under the Division of State Lands Land
Acquisition Workplan. The Pumpkin Hill Creek project contains
6,292 acres, of which 2,655 acres have been acquired or are under
agreement to be acquired. After the Board of Trustees approves
this agreement, 2,986 acres or 47.5 percent of this project will
remain to be acquired.
On September 13, 1994, the Board of Trustees authorized staff to
enter into an Acquisition Agreement with the District to acquire
the Pumpkin Hill Creek CARL project in accordance with section
259.041(16), F.S. (1994) utilizing the procedures set out in
section 373.139, F.S., with some technical survey modifications
that have been incorporated into the Agreement. On September 14,
1994, the Governing Board of the District approved and executed
the Acquisition Agreement and it has been executed by the
Director of the Division of State Lands on behalf of the Board of
Trustees.
The District has acquired the Wallace/Kogut and Penland property,
lying within the Pumpkin Hill project, in fee simple utilizing
District acquisition procedures set out in Section 373.139, F.S.
Title to the parcel is currently held jointly by the District and
the Board of Trustees. Pursuant to the Acquisition Agreement, on
January 11, 1995 and February 8, 1995, respectively, the
Governing Board of the District adopted Resolution No. 95-08 &
Resolution 95-10, respectively, requesting reimbursement from the
Board of Trustees for the costs for acquisition
Board of Trustees
Agenda - November 29, 1995
Page Eight
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Item 8, cont.
of the Penland and Wallace/Kogut parcels. The resolution contains
all of the assurances required by the Acquisition Agreement.
As provided for in the Acquisition Agreement, the District has
requested reimbursement of 50 percent of its preacquisition costs
(appraisal fees) and reimbursement of 50 percent of its closing
costs (recording, title insurance policy and survey costs).
Pursuant to the Acquisition Agreement, the preacquisition and
closing costs will be reimbursed from CARL incidental expense
funds previously released by the Board of Trustees. The
Districts resolution contains all of the assurances required by
the Acquisition Agreement.
Pursuant to the terms of the Acquisition Agreement, the District
contracted to purchase Penlands ownership at 100 percent of the
approved value and Wallace/Kogut ownership at 93 percent of the
approved value. The Board of Trustees' purchase price will be 50
percent of the contract price negotiated by the District plus 50
percent of the costs incurred in the purchase of the property.
The property will be managed as the Pumpkin Hill Creek Buffer
State Reserve by the Division of Marine Resources.
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 8, Pages 1-15)
RECOMMEND APPROVAL
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Item 9 St.Johns River Water Management District Acquisition
Agreement/Etoniah Creek/Cross Florida Greenway CARL
Projects
REQUEST: Authority to enter into an Acquisition Agreement
with St. Johns River Water Management District for the Etoniah
Creek\Cross Florida Greenway CARL projects.
COUNTY: Putnam and Clay
LOCATION: Sections 28-33, Township 07 South, Range 25
East; Sections 22-27, Township 08 South, Range 24 East; Sections
01-35, Township 8 South, Range 25 East; Sections 12 and 13,
Township 09 South, Range 24 East; Sections 01-38, Township 09
South, Range 25 East; Sections 18, 19, 30, 31, 39 and 40,
Township 09 South, Range 26 East; Sections 01-06, 09-15, 29, 32-
34, Township 10 South, Range 24 East; Sections 01-06, 09-15, 22-
36, Township 10 South, Range 25 East; Sections 06, 07, 18-20, 29-
32, Township 10 South, Range 26 East; Sections 01-06, 13, 14,
Township 11 South, Range 24 East; Sections 01-11, 13-15, Township
11 South, Range 25 East; Sections 32, Township 11 South, Range 26
East.
STAFF REMARKS: The Etoniah Creek\Cross Florida Greenway
CARL project is ranked number 11 on the Priority CARL List
approved by the Board of Trustees on February 14, 1995, and is
partially funded under the Division of State Lands Land
Acquisition Workplan. The proposed agreement covers
approximately 15,220 acres within the Project. To facilitate the
acquisition of this project, the St. Johns River Water Management
District (District) has offered to take the lead in the
acquisition of the project. Staff has prepared an agreement that
would allow the District to acquire the Etoniah Creek\Cross
Florida CARL project in accordance with section 259.041(1),
F.S., utilizing the procedures set out in section
373.139, F.S. On
Board of Trustees
Agenda - November 29, 1995
Page Nine
Item 9, cont.
September 13, 1994, the Board of Trustees approved the use of the
District's procedures to allow the District to acquire lands to
be held jointly by the Board of Trustees and the District. At
that time the Trustees determined, consistent with section
259.041(1), F.S., that the substitution of the District’s
procedures for its own procedures was reasonably prudent and the
public's interest was being reasonably protected. This agreement
will allow the District to utilize its procedures and acquire the
property fully funded by the Board of Trustees with the property
vesting entirely with the Board of Trustees.
If the Board of Trustees approves this item, the District staff
will present the agreement to its Governing Board for execution
at its next board meeting. Upon receipt of the executed
agreement from the District, staff will execute the agreement on
behalf of the Board of Trustees.
Incorporated into the agreement are a number of assurances that
the District is giving the Board of Trustees in return for its
consideration of this agreement. The District has agreed to: 1)
comply with the procedures set out in section 373.139, F.S.; 2)
defend the Board of Trustees against all title and survey
disputes or defects and environmental contamination associated
with each acquisition negotiated by the District that were either
known or should have been known by the District at the time it
closes a parcel on behalf of the Board of Trustees; and, 3)
reimburse the Board of Trustees 100 percent of any overpayment of
the purchase price, if an audit or investigation determines that
the purchase price paid exceeded the actual appraised value.
Under the proposed agreement, the District staff will obtain and
review appraisals, negotiate a purchase contract and secure the
approval of its governing board. The District will provide DSL
with a board resolution covering the assurances noted in the
previous paragraph and requesting authorization to proceed with
the purchase of the parcel. Staff will request Board of
Trustees' authorization to proceed for each parcel the District
contracts to purchase. In addition, the agreement provides for
the District to be reimbursed all costs associated with its
attempt to acquire lands within the project, including all pre-
acquisition and closing related costs, with the pre-acquisition
costs being reimbursed even if the District is unsuccessful in
acquiring any property. The agreement authorizes staff to
reimburse these costs from CARL incidental expense funds
previously released by the Board of Trustees.
If the Board of Trustees approves the purchase, the District will
proceed to closing with title to be vested in the Board of
Trustees. Staff recommends that the Board of Trustees find that
the procedures set out in Section 373.139 and used by the
District are reasonably prudent procedures and the public’s
interest is reasonably protected and coupled with the assurances
to be provided by the District’s Governing Board meet the
standards necessary for ownership by the Board of Trustees.
The Etoniah Creek\Cross Florida Greenway CARL project will be
managed by the Division of Forestry as a state forest and the
Office of Greenways and Trails of the Department of Environmental
Protection, will manage the remaining lands in the vicinity of
the old Cross Florida Barge Canal.
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 9, Pages 1-6)
RECOMMEND APPROVAL
Board of Trustees
Agenda - November 29, 1995
Page Ten
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Item 10 10 Year Sovereignty, Submerged Land Live Rock
Aquaculture Lease
REQUEST: Issuance of a ten-year sovereignty, submerged land live
rock aquaculture lease containing 2.5 acres, more or less.
COUNTY: Monroe
Application No. 44-AQ-215
APPLICANT: Nanette Young
LOCATION: Between Long Point Key and Crawl Key, in Florida Bay,
in Class III Outstanding Florida Waters, within the local
jurisdiction of Monroe County, at the following
(latitude/longitude) coordinates:
Latitude Longitude Description
80°58'59.76"W 24°45'28.47"N Northwest Corner
80°58'56.33"W 24°45'30.86"N Northeast Corner
80°58'58.90"W 24°45'26.23"N Southwest Corner
80°58'54.57"W 24°45'28.71"N Southeast Corner
CONSIDERATION: $61.74, representing (1) an initial lease fee of
$15.58 per acre or fraction thereof; and (2) an annual surcharge
of $15, representing $5 per acre or fraction thereof, for deposit
in the Marine Biological Trust Fund pursuant to Section
370.16(4)(b), F.S. The lease fees shall be adjusted every five
years, based upon the five-year average change in the Consumer
Price Index.
STAFF REMARKS: The applicant is requesting approval of a
commercial aquaculture lease to cultivate and harvest artificial
live rock within a 2.5 acre parcel of sovereignty, submerged
land, in Florida Bay. The proposed project involves the
placement of approximately 75,000 pounds of quarried coral (non-
indigenous) rock per year, in order to recruit larval marine
organisms from a corridor of hard bottom habitat adjacent to the
proposed lease site. Once a desired rock growth stage has been
achieved, the applicant will harvest the rocks and sell them in
conjunction with the aquarium trade.
In May 1989 the department adopted a policy against harvesting
(wild) live rock within the territorial limits of Florida.
Subsequently, on July 1, 1992, the Florida Marine Fisheries
Commission closed the harvest of live rock in state waters. In
lieu of wild harvest, the department opted to encourage
aquaculture, using rock obtained from upland sources as a means
to fill the demand of live rock for the aquarium trade (a 1.6
billion dollar U. S. industry, and four billion spent on the
aquarium trade worldwide). Live rock is now an integral part of
the entire marine life aquarium trade.
The federal government has implemented a phase-out of all live
rock harvested in federal waters. By the end of 1996, no wild
live rock can be harvested in federal waters. As such, persons
such as the applicant, whose livelihood is dependent on the
harvest of live rock, will be put out of business, unless such
harvest takes place on approved live rock aquaculture leases in
state waters, and permitted sites in federal waters.
The proposed project is located within Monroe County, designated
as Outstanding Florida Waters; as such, no dredge/fill permit
should be issued if such activity damages the viability of a
living stony coral community, soft coral community, sponge bed,
or marine seagrass community. The field staff opined that no
adverse impacts to those resources would occur because the
proposed project was reduced to only 2.5 acres, from the original
five acres, and that site is void of seagrass beds and such other
significant resources. This position was reaffirmed by the
staff of the Submerged Lands and Environmental Resources
Permitting
Board of Trustees
Agenda - November 29, 1995
Page Eleven
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Item 10, cont.
Program that indicated that the proposed project qualifies for a
deminimus exemption, indicating that no adverse environmental
impacts are anticipated from the proposed activities, provided
that the special lease conditions were implemented.
Objections to the proposed lease were received from staff of the
Division of Recreation and Parks' Bureau of Parks District 5 and
one property owner. Objections by the DRP were based on the
location of the proposed lease within or immediately adjacent to
the management line for the Curry Hammock Management Area.
Review by the Bureau of Survey and Mapping indicated that the
proposed lease was more than 3,000 feet from the management line.
Subsequently, the Division of Recreation and Parks recommended
that the application be approved and indicated that the distance
between the proposed location and the management area is expected
to provide an adequate buffer zone and safeguards. The
objections of the property owner were also based on the location
of the proposed lease and the potential for adverse environmental
impacts to adjacent habitats. The proposed lease is about 1,000
feet from the upland property and the attached resource
assessment report indicates that the proposed activities are not
expected to result in adverse environmental impacts.
The proposed project site is an average of ten feet in depth.
The applicant's business plan stipulates the preemption of no
more than 15 inches of the water column.
A consideration of the status of any local government
comprehensive plans was not made for this item. The department
has determined that the proposed action is not subject to the
local government planning process.
(See Attachment 10, Pages 1-40)
RECOMMEND APPROVAL SUBJECT TO FINAL ACTION BY
THE U. S. ARMY CORPS OF ENGINEERS AND COMPLIANCE
WITH THE SPECIAL LEASE CONDITIONS
*
Item 11 Eugene M. Steffan (d/b/a Palm Grove Marina, Inc.),
Lease Modification
REQUEST: Consideration of an application for a modification of a
five-year sovereignty, submerged land lease to contain 85,682
square feet, more or less, for an expansion of a commercial
marina.
COUNTY: Lee
Lease No. 360706835
Application No. 360019035
LOCATION: Section 19, Township 46 South, Range 24 East, in
Matanzas Pass, Class II Waters, Resource
Protection Area 3, within the local jurisdiction
of Lee County.
Aquatic Preserve: Estero Bay
Outstanding Florida Waters: Yes
CONSIDERATION: $24,216.78 representing (1) $6,716.78 as the
initial lease fee computed at the base rate of $0.1038 per square
foot, discounted 30 percent because of the first-come, first-
served nature of the facility, and including the initial 25
percent surcharge for the additional area; and (2) $17,500 as an
administrative fine. Sales tax will be assessed pursuant to
section
Board of Trustees
Agenda - November 29, 1995
Page Twelve
*
Item 11, cont.
212.031, F.S., if applicable. The lease fee may be adjusted
based on seven percent of the rental rate pursuant to section 18-
21.011, F.A.C.
STAFF REMARKS: The applicant is requesting after-the-fact
authorization for a one-slip expansion of an existing 78-slip
commercial marina, presently used in conjunction with the upland
commercial marina facility, thereby creating a 79-slip facility.
The marina currently provides mooring area outside the authorized
lease area for a cruise ship. The 165-foot long, 350-passenger,
SeaKruz vessel is operated by Europa Cruises Corporation, and
transports passengers to beyond the state's territorial limits
for gambling excursions.
The existing sovereignty, submerged land lease, approved by the
Board of Trustees on March 6, 1984, and modified in 1989,
authorizes the preemption of 66,756 square feet of sovereignty
lands. The proposed expansion area contains 18,926 square feet
of sovereignty lands.
In November 1991, staff became aware of the lessee's intent to
moor a cruise ship at the marina via a local newspaper article
and staff subsequently formally notified the lessee by letter
dated November 12, 1991, that authorization from the Board of
Trustees would be required to moor the cruise ship outside of the
current authorized lease area. A December 5, 1991, site
inspection confirmed that the cruise ship was mooring at the
marina outside of the approved lease area. On December 11, 1992,
staff issued a Temporary Use Agreement (TUA) for one year for the
temporary use of 11,460 square feet for mooring of the cruise
ship. The TUA did not include assessment of an administrative
fine for the violation of illegal docking because the lessee had
been paying lease fees based on seven percent of the rental rate.
However, staff is now requesting the Board of Trustees to
consider assessment of an administrative fine because the act of
mooring the cruise ship was a direct violation of the lease and
it occurred after the November 12, 1991, letter was sent.
Initially, staff had proposed not assessing an administrative
fine because the applicant was paying for use of the area and it
was thought that the processing would be completed within the
year allowed under the TUA. The requirements to obtain a
modified lease were listed in the November 1991 letter, yet it
took the applicant until January 1993 to provide a list of
surrounding owners to be noticed and a letter stating consistency
with the local comprehensive plan, until October 1993 for the
applicant to provide acceptable public interest, and until April
1995 for the applicant to provide an acceptable survey.
Initially staff proposed a larger administrative fine based on
the length of time taken to complete the lease modification
application. However, since staff and the applicant continued to
work toward completion of the application, even after the TUA had
expired, the fine as currently proposed by staff no longer
includes the multiplier for aggravating or mitigating factors.
Staff proposes calculating the administrative fine based on the
methodology pursuant to Trustees' policy of August 14, 1990, at
the rate of $0.50 per square foot. However, because the fine is
more than the maximum base fine, the maximum base fine of $2,500
will apply. A multiplier of two is applied to the base fine
because the activity took place within an aquatic preserve
($5,000). A multiplier of one is applied since staff is now
recommending approval of the previously unauthorized activity
($2,500). A multiplier of four is applied because the existing
facility was under lease which constitutes written notice
($10,000). The total recommended administrative fine is $17,500.
The applicant stated that the cruise ship has a draft of 6.5
feet, that mean low water depths in the proposed expanded lease
area range from -6.3 feet to -16.4 feet, and that mean low water
depths in the nearby federal navigation channel range from -10 to
-14 feet. Although there are no seagrasses in the area, the
following operational procedures negotiated between staff and the
applicant to reduce turbidity and prop wash are being
implemented: (1) small tug boats are used to guide the vessel
during approaches and departures; (2) the vessel is moored so
that the propellers are located over deep water in the
channel; (3) the vessel approaches and departs
Board of Trustees
Agenda - November 29, 1995
Page Thirteen
*
Item 11, cont.
parallel to the dock; and (4) departures entail backing into the
federal turning basin with depths of -14 feet. Limitations on
the maximum depths of vessels allowed to moor in this area are
included as special lease conditions pursuant to section 18-
20.004(5)(a)3, F.A.C.
All of the slips will continue to be maintained on an open to the
public, first-come, first-served basis; this has been addressed
as a special lease condition.
The project is located in an aquatic preserve. Staff is of the
opinion that the project is in the public interest.
The applicant was not required to obtain a DEP wetland resource
permit because the additional area was for mooring only; no
dredging or filling was to occur. There are no submerged
resources or seagrasses in the expansion area. The
recommendations of the Division of Marine Resources are included
as special lease conditions. The expanded lease area is located
within the western 25-foot setback area and a waiver has been
obtained from the affected property owner. The lease
modification was not required to be noticed.
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) has determined that the plan is not in
compliance. In accordance with the compliance agreement between
the 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 according to a letter received
from Lee County.
(See Attachment 11, Pages 1-7)
RECOMMEND APPROVAL SUBJECT TO THE SPECIAL LEASE
CONDITIONS AND PAYMENT OF $6,716.78 PLUS
AN ADMINISTRATIVE FINE OF $17,500
*
Item 12 Island Marina, Inc., Lease Modification
REQUEST: Consideration of an application for a modification of a
25-year sovereignty, submerged land lease to contain a total of
66,716 square feet, more or less, for an expansion of an existing
commercial docking facility.
COUNTY: Collier
Lease No. 111000635
Application No. 112545225
LOCATION: Section 17, Township 48 South, Range 25 East, in
the Cocohatchee River, Class II waters, within the
local jurisdiction of Collier County.
Aquatic Preserve: No
Outstanding Florida Waters: No
(currently proposed for OFW status)
CONSIDERATION: $5,210.37 as the initial lease fee computed at
the base rate of $0.1038 per square foot, discounted 30 percent
because of the first-come, first-served nature of the facility,
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 seven percent of the rental rate pursuant to section 18-
21.011, F.A.C.
Board of Trustees
Agenda - November 29, 1995
Page Fourteen
*
Item 12, cont.
STAFF REMARKS: The applicant is proposing to expand the lease
boundary of an existing 80-slip commercial docking facility by
extending the boundary waterward of its existing location. The
original sovereignty, submerged land lease, approved by the Board
of Trustees on February 12, 1991, authorized the preemption of
52,736 square feet of sovereignty lands to construct an 80-slip
commercial marina.
In 1990, a request was presented to the Board of Trustees from
Shelter Island Joint Venture for a submerged land lease for an 80-
slip commercial docking facility to be developed in conjunction
with a 91-unit condominium. At that time, staff recommended
denial because the number of slips exceeded the number allowed
for the condominium development. The applicant requested
deferral of its request and then withdrawal from the following
Board of Trustees meeting to obtain local approval.
Subsequently, Shelter Island Joint Venture revised its upland
plans by deeding the shoreline to Island Marina, Inc., which then
proposed to construct and operate the 80-slip commercial marina.
Condominiums were still proposed to be constructed on the
interior property and the unit owners would have no riparian
shoreline or any rights to use the marina beyond the 21 slips the
ownership oriented upland facility would have qualified for had
that entity remained the riparian upland property owner. That
request was approved and represents the lease in effect today.
This lease does not stipulate lengths or drafts of vessels.
Subsequent to execution of the 1991 lease, complaints were
received regarding advertising associated with the condominium.
The 1991 lease contained a special lease condition that required
the Lessee to advertise the facility as open to the public on a
first-come, first-served basis by constructing permanent signs at
the waterward entrance to the docking facility and at the upland
entrance to the condominium development to clearly state that all
of the berths are available for rental by the general public.
The applicant installed the signs; however, advertising
associated with the condominium included visuals of the docking
facility and provided information on the slips. According to the
applicant, 39 advertisements were released by the condominium,
three of which referred to a "private marina" being associated
with the condominium. The agent for the applicant acknowledged
the mistake (after two of the advertisements) and stated that a
mistake had been made and the mistake would not occur in the
future. Two additional advertisements (dated July 1993 and
February 1994) were supplied by the Attorney General's office
bringing the total to five erroneous advertisements out of a
total of 41. The applicant has stated that the advertising was
handled by the condominium, not the marina owner, and that the
two entities are separate. At this time, the issue may be moot
because all of the units have been sold and the developer is no
longer associated with the condominium. The special lease
condition pertaining to advertising of marina slips as open to
the public was revised to specifically require that "any and all
advertising" shall refer to the facility as open to the public;
this revised condition will be part of this modified lease.
On May 28, 1991, the marina was conveyed to the condominium,
incorporated as a unit of the condominium, and reseparated.
After this action took place, the department reviewed the
transactions and determined that the marina still qualified as a
commercial marina. The lease was then amended to add a special
lease condition prohibiting future transfers without Trustees'
knowledge.
The docking facility was not built as originally authorized and
permitted; the perimeter dock was constructed two feet wider and
four additional access ramps were built. These changes were
required by Collier County to accommodate local ordinances. In
addition, the perimeter dock was constructed 54 feet longer and
placed between three and 14 feet waterward of its approved
location in an effort to follow the -4 foot bottom contour. This
resulted in a docking structure of the size and configuration
authorized by the Board of Trustees, but located outside the
lease
Board of Trustees
Agenda - November 29, 1995
Page Fifteen
*
Item 12, cont.
boundary. The applicant was notified of the violation and
voluntarily removed the portions of the structure that extended
beyond the lease boundary. This action brought the project
within the preemption limits that had been originally approved.
The applicant subsequently sought approval for the revised
structure from Collier County, the former DER, and the Board of
Trustees. The Division of State Lands authorized a modified
lease in 1992 via a delegation of authority to authorize the as-
built structures within the original lease boundary. The current
request will authorize 13,980 square feet of additional sovereign
lands to allow the applicant to install floating finger pier
extensions and to relocate and place new mooring pilings, thereby
providing wetslips of the size originally authorized by the Board
of Trustees within the newly expanded lease area.
No additional slips or vessels larger than originally authorized
are proposed at this time; however, the DEP Southwest District
staff is presently processing a modification to allow larger
vessels with deeper drafts and to preempt 14,000 additional
square feet. The future request will be presented to the Board
of Trustees for consideration when the file is deemed complete.
The docking facility will continue to be maintained on an open to
the public, first-come, first-served basis; the existing special
lease conditions will be included in the modified lease.
An April 20, 1994, site inspection verified that the applicant is
in compliance with the existing lease and all fees are current.
The proposed project is in accordance with the DEP modified
wetland resource permit that prohibits liveaboards and fueling
facilities, and authorizes a sewage pumpout facility.
Recommendations from the Division of Marine Resources regarding
manatees and shellfish have been addressed. There are no
seagrasses located within the expansion area. The proposed
project was not required to be noticed.
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 is 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 Collier County.
(See Attachment 12, Pages 1-39)
RECOMMEND APPROVAL SUBJECT TO THE SPECIAL LEASE
CONDITIONS AND PAYMENT OF $5,210.37
