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Cabinet
Affairs |
Item 1 Minutes
Submittal of the minutes of the December 12, 1995 Cabinet meeting.
RECOMMEND ACCEPTANCE
Item 2 Dale E. and Janis M. Peterson Quitclaim Deed
REQUEST: Issuance of a quitclaim deed to permit the reclamation of a 0.081-acre parcel (3,543 square feet) of land lost as a result of artificial erosion and avulsion.
COUNTY: Okaloosa
APPLICANT: Dale E. and Janis M. Peterson
LOCATION: Undivided Township 2 South, Range 22 West
CONSIDERATION: $10,820 (Tax assessed value of $2.97 per square foot times 3,543 square feet.)
STAFF REMARKS: The applicant is requesting the purchase of lands lost as a result of artificial erosion and avulsion on Choctawhatchee Bay.
Staff has determined that the criteria in the rule have been met. These include proof of ownership; documentation supporting the location of the mean high water line prior to and after artificial erosion; documentation that the adjacent shoreline is bulkheaded and armored; the tax assessed value from the county property appraiser=s records; lateral public access reservation across land to be deeded; a Department of Environmental Protection/United States Army Corps of Engineers joint permit; and the lands are not located within an aquatic preserve.
A consideration of the status of the local government comprehensive plan 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 2, Pages 1-20)
RECOMMEND APPROVAL
Item 3 Miami International Parkway/Surplus Land Sale
REQUEST: Consideration of a renegotiated contract to sell a parcel of surplus land.
COUNTY: Dade
LOCATION: North 50 feet of the South ½ of the Southeast ¼ of Section 28, Township 53 South, Range 40 East, less the West 827.20 feet and less the East 905.21 feet, Dade County, Florida, containing 1.04 acres, more or less. State-owned Lands Inventory Number 13-3270.0.
CONSIDERATION: $154,882 representing the appraised market value of the property to be deposited in the Internal Improvement Trust Fund pursuant to paragraph 253.034(5), F.S.
STAFF REMARKS: On May 23, 1995, the Board of Trustees approved the sale of a two-acre, more or less, parcel of land (see attached certification). Because of economic difficulties, the purchaser, Miami International Parkway (MIP), notified the division that it cannot close on the original transaction. MIP then approached the division about the possibility of purchasing a portion of the original parcel. MIP has agreed to purchase one acre, more or less, of the original two-acre parcel at the same per square foot price established in the original contract. In addition, Dade County has agreed to lease the remaining portion of this parcel for enclosure within the neighboring park now under construction. Since this arrangement will provide management and maintenance of the remaining portion, it appears to be in the state's best interest, as the original tract is too small for use by itself under existing zoning and comprehensive plan requirements.
A consideration of the status of the local government comprehensive plan was not made for this item. The department has determined that land conveyances are not subject to the local government planning process.
(See Attachment 3, Pages 1-15)
RECOMMEND APPROVAL
Item 4 The Nature Conservancy Option Agreement/Lake Wales Ridge Ecosystems CARL Project
REQUEST: Consideration of the acquisition of an option agreement to acquire 160 acres within the Lake Wales Ridge Ecosystems CARL project from The Nature Conservancy (TNC).
COUNTY: Polk
LOCATION: Sections 31 and 32, Township 30 South, Range 29 East.
CONSIDERATION: $253,380 ($246,000 for the acquisition; $7,380 for the purchase of the option agreement)
| APPRAISED BY | |||||
| REVIEW | (Rex) | APPROVED | PURCHASE | OPTION | |
| NO. | ACRES | (02/06/95) | VALUE | PRICE | DATE |
| 602001 | 160 | $288,000 | $288,000 | $246,000 | 04/15/96 |
STAFF REMARKS: The Lake Wales Ridge Ecosystems CARL project is number 2 on the CARL Priority Project List approved by the Board of Trustees on February 14, 1995, and is eligible for negotiation as a ranked project under the Division of State Lands Land Acquisition Workplan. This project contains 33,031 acres, of which 1,250 acres have been acquired by South Florida Water Management District (SFWMD) and 9,935.18 acres have been acquired or are under agreement to be acquired by the Board of Trustees. If the Board of Trustees approve this agreement, 21,685.82 acres or 65.65 percent of the project will remain to be negotiated.
Pursuant to a multi-party acquisition agreement entered into between the Division of State Lands and TNC, TNC has acquired an option to purchase 160 acres within the Lake Wales Ridge Ecosystems CARL project from Wayne H. Kenemuth and Leona M. Kenemuth. If this item is approved, the Board of Trustees will acquire the option from TNC for $7,380. The Board of Trustees may then exercise the option and purchase the property. The assignment of option agreement provides that payment to TNC is contingent upon the Board of Trustees successfully acquiring the property from the owner. The assignment of option agreement further provides that in no event will the purchase price for the option and the purchase price of the property exceed the approved value 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 or proposed management of the property, staff will so advise the Board of Trustees prior to closing.
A certified survey will be provided by the purchaser prior to closing. An environmental site assessment will be provided by the seller prior to closing.
The high, sandy Lake Wales Ridge, stretching south from near Orlando almost to Lake Okeechobee, was originally covered with a mosaic of scrub, flatwoods, wetlands, and lakes. The scrub is unique in the world. It is inhabited by many plants and animals found nowhere else, but it has almost completely been converted to citrus groves and housing developments. The Lake Wales Ridge Ecosystems CARL project is designed to protect the best remaining tracts of this scrub and the ecosystems associated with it, thereby preserving several endangered species and allowing the public to see examples of the unique original landscape of the ridge.
This property will be managed by the Florida Game and Fresh Water Fish Commission under a single use concept as a unit of the Lake Wales Ridge Ecosystems.
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 4, Pages 1-29)
RECOMMEND APPROVAL
Item 5 Release of P2000 Funds/St. Johns Water Management District/Sebastian Creek CARL Project
REQUEST: Release of $994,900 from the Preservation 2000 Trust Fund for the acquisition of an undivided 50 percent interest in 1,482 acres within the Sebastian Creek CARL project from the St. Johns River Water Management District (District).
COUNTY: Brevard
LOCATION: Sections 22, 23, 26 and 27, Township 30 South, Range 37 East.
CONSIDERATION: $994,900 (Board of Trustees= 50 percent share of the total purchase price of $1,989,800)
STAFF REMARKS: The Sebastian Creek CARL project is ranked number 4 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 project contains 22,407 acres, of which 13,994 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approve this agreement, 6,931 acres or 31 percent of this project will remain to be acquired.
On October 25, 1994, the Board of Trustees authorized staff to enter into an Acquisition Agreement with the District to acquire the Sebastian 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 November 10, 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 original Acquisition Agreement with the District included all lands lying north of the C-54 canal within the CARL project boundary. Following the execution of the agreement, the District contracted to purchase the Mary AA@ East (Parrish) ownership in fee simple utilizing District acquisition procedures set out in Section 373.139, F.S., at 88 percent of the approved value. As provided for in the Acquisition Agreement, on September 13, 1995, the Governing Board of the District adopted Resolution No. 95-26, requesting reimbursement from the Board of Trustees for the costs for acquisition of the Mary AA@ East (Parrish) parcel. The resolution contains all of the assurances required by the Acquisition Agreement.
It was subsequently discovered that the property the District had contracted to acquire, along with another parcel it was attempting to acquire, while intended to be covered by the agreement, had been inadvertently excluded from the original project boundary. Since it had been the intent of the Land Acquisition Advisory Council (LAAC) to include these properties in the project boundary, on October 30, 1995, the LAAC amended the project boundary to add the two additional parcels to the CARL project boundary. On October 31, 1995, the Acquisition Agreement with the District was amended to incorporate the project addition.
The District has closed the transaction and title to the parcel is currently held jointly by the District and the Board of Trustees. The Board of Trustees' purchase price is 50 percent of the contract price negotiated by the District plus 50 percent of the costs incurred in the purchase of the property. As further provided for in the Acquisition Agreement, the District has also 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 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.
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 1-12)
RECOMMEND APPROVAL
Item 6 1996 CARL Annual Report/1996 CARL Annual Priority List
REQUEST: Consideration of (1) the 1996 Conservation and Recreation Lands (CARL) annual report of the Land Acquisition Advisory Council (LAAC); and (2) the 1996 CARL Annual Priority List.
COUNTY/LOCATION: Statewide
STAFF REMARKS: The 1996 CARL Priority List, approved by the Land Acquisition Advisory Council (LAAC) on December 7, 1995, consists of 95 projects ranked in four groups: 44 Priority Projects; 33 Bargain/Shared Projects; 11 Substantially Complete Projects; and 7 Mega-multiparcel Projects. Two projects included on the 1995 priority list are not included on the 1996 CARL Priority List: Cockroach Bay Islands and Golden Aster Scrub (Hillsborough County). Each is 90 percent or more complete and the remaining property can be acquired pursuant to section 259.032(8), F.S., without the project being on the CARL Priority List.
Seven other previously listed projects were incorporated within other projects. Topsail Hill and Point Washington were combined to create the South Walton County Ecosystem Project (Walton) in the Substantially Complete Group of projects, while Tropical Flyways and the two Hammocks of the Lower Keys projects (on both Priority and Bargain groups) were combined to create the Florida Keys Ecosystem Project (Monroe). Horse Creek Scrub (Polk) was added to the Lake Wales Ridge Ecosystems Project in the Bargain Group, while Cross Florida Greenway, Phase II (Citrus/Levy/Marion), was added to the Etoniah/Cross Florida Greenway Project in the Priority Group. In addition to these modifications of existing projects, four of the 1995 CARL projects were transferred from one group of projects to another: Myakka Estuary (Sarasota/Charlotte) was moved from Bargain to Substantially Complete; Florida Springs Coastal Greenway (Citrus) was moved from Substantially Complete to Priority; and Garcon Ecosystem (Santa Rosa) and Hutchinson Island (St. Lucie) were moved from Priority to Bargain.
Eleven new projects were evaluated in 1995 and added to the 1996 CARL priority list. These include: California Swamp (Dixie); Dade County Archipelago Addition (Dade); Devil=s Hammock (Levy); Dickerson Bay (Wakulla); Everglades Agricultural Restoration Area (Palm Beach); Highlands Ridge (Highlands); Kissimmee Prairie/River (Okeechobee/Osceola); Middle Chipola River (Jackson/Calhoun); Okaloacoochee Slough (Hendry/Collier); Pineland Site Complex (Lee); and Upper Econ Mosaic (Osceola/Orange). Two of these new projects were added to existing CARL projects: Highlands Ridge was added to the Lake Wales Ridge Ecosystem Project in the Priority Group, and Dade County Archipelago Addition was added to Dade County Archipelago.
The LAAC also modified the project design boundaries or acquisition phasing of twenty-one other projects on the 1995 CARL Priority List: Annutteliga Hammock (Hernando/Citrus); Archie Carr Sea Turtle Refuge (Indian River); Apalachicola River (Jackson); Atlantic Ridge Ecosystem (Martin); Belle Meade (Collier); Charlotte Harbor (Charlotte); Charlotte Harbor Flatwoods (Lee); Corkscrew Regional Ecosystem Watershed (Collier); Coupon Bight/Key Deer (Monroe); Etoniah/Cross Florida Greenway(Putnam); Florida First Magnitude Springs (Blue Spring: Jackson); Florida Keys Ecosystem (Hammocks of the Lower Keys: Monroe); Florida Springs Coastal Greenway (Crystal River: Citrus); Lake Wales Ridge Ecosystems (Highlands); Longleaf Pine Ecosystems (Chassahowitzka Sandhill: Citrus); North Key Largo Hammock (Monroe); Rookery Bay (Collier); Scrub Jay Refugia (Brevard); Sebastian Creek (Brevard/Indian River); St. Joseph Bay Buffers (Gulf); and Wekiva-Ocala Greenway (Lake).
The 1996 CARL Annual Report and priority list are consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.
Pursuant to section 259.04(1)©, F.S., within 45 days after the Advisory Council submits the CARL priority list to the Board, the Board shall approve, in whole or in part, the list of acquisition projects in the order of priority in which such projects are presented.
(See Attachment 6, Pages 1-2)
RECOMMEND ACCEPTANCE OF THE 1996 CARL ANNUAL REPORT AND APPROVAL OF THE 1996 CARL PRIORITY LIST
Item 7 City of Fort Lauderdale (Birch/Las Olas Marina) Sovereignty, Submerged Land Lease Modification
REQUEST: Consideration of an application for a modification of a five-year sovereignty, submerged land lease to contain a total of 193,772 square feet, more or less, for an expansion of a commercial marina.
COUNTY: Broward
Lease No. 060232076
Application No. 062103309
APPLICANT: City of Fort Lauderdale (Birch/Las Olas Marina)
LOCATION: Section 12, Township 50 South, Range 42 East, in New River Sound, Class III Waters, within the local jurisdiction of the City of Fort Lauderdale.
CONSIDERATION: $17,683.02, representing 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. Fees may be revised upon receipt of a revised survey.
STAFF REMARKS: The applicant is proposing to renovate and expand an existing 38slip commercial, municipally-operated marina by removing all existing decking and pilings, building six docks with finger piers to provide a total of 52 slips, and installing 50 new mooring pilings. The existing sovereignty, submerged land lease, approved by the Board of Trustees on August 4, 1981, authorized the preemption of 54,907 square feet of sovereignty lands. The proposed addition contains 138,865 square feet for a proposed total preempted area of 193,772 square feet. All of the proposed 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.
In addition, the applicant proposes to repair an existing seawall and place a minimum of 780 cubic yards of riprap along it. These activities will be authorized pursuant to delegation of authority.
A September 22, 1994, site inspection verified that the applicant is in compliance with the existing lease and all fees are current.
The DEP wetland resource permit allows liveaboards, requires permanent sewage pumpout, and prohibits fueling facilities. A permit condition also specifies dock design to protect existing seagrass beds. The recommendations from the Division of Marine Resources are either addressed in the permit or are included as a special lease condition. The proposed project was not required to be noticed.
Section 163.3194(3)(b), F.S., in summary, states that a local development approved or undertaken by a local government shall be consistent with the comprehensive plan if it meets all criteria of the plan and all other criteria enumerated by the local government. The proposed action is consistent with the adopted plan according to a letter received from the City of Fort Lauderdale.
(See Attachment 7, Pages 1-11)
RECOMMEND APPROVAL SUBJECT TO THE SPECIAL APPROVAL CONDITION, THE SPECIAL LEASE CONDITIONS, AND PAYMENT OF $17,683.02
Item 8 Florida Mitigation Trust (Lake Okeechobee Mitigation Bank) Sovereignty, Submerged Lands Use Request
REQUEST: Consideration of an application for use of sovereignty, submerged lands to establish a mitigation bank. The proposed project involves removal of approximately 1,200 acres of melaleuca.
COUNTY: Glades, Hendry, and Palm Beach
Application No. 47021562W
APPLICANT: Florida Mitigation Trust Corporation (Lake Okeechobee Mitigation Bank)
LOCATION: Sections 01, 02, 12, and 16, Township 42 South, Range 32 East; Sections 16, 17, 18, and 31, Township 42 South, Range 33 East; and Sections 21, 27, 28, and 35, Township 41 South, Range 32 East, in the southwest corner of Lake Okeechobee, near the towns of Lakeport, Moore Haven, and South Moore Haven, within the local jurisdictions of Glades, Hendry, and Palm Beach Counties.
CONSIDERATION: N/A
STAFF REMARKS: The applicant is proposing to remove melaleuca from approximately 1,200 acres of Lake Okeechobee in Glades County as Phase I of a mitigation bank. Additional phases would include removal in Hendry and Palm Beach Counties. The melaleuca would be mechanically removed and mulched. Remaining stumps would be treated with herbicides. The applicant has proposed to compensate the Trustees for use of state lands through the donation of 7% of total gross revenues earned through the sale of landscape mulch. The mitigation credits earned would be sold by the applicant to other entities needing mitigation for wetland dredging and filling activities.
The use of this land for a mitigation bank would not be consistent with the department's policy regarding the use of state lands for mitigation banking for the following reasons:
@ The eradication of melaleuca at
this site is well under way. This project is ahead of schedule,
with 20,000 acres of melaleuca already treated. Only 1,200 acres
of dense monoculture and less than one-third of the outliers remain
to be treated.
@ During the course of this project,
those implementing the melaleuca removal have found aerial spraying
of dense stands to be an environmentally sound method that is
relatively quick and inexpensive. Large stands can be aerially
sprayed for approximately $300 per acre.
@ Previously infested areas already
sprayed with herbicide are developing an understory of mostly
desirable wetland vegetation.
@ Because melaleuca can reinvade
quickly while any seed source remains, it is imperative that this
work continue without delay. The applicant's phased approach for
melaleuca removal at the proposed mitigation bank may result in
a slower rate of melaleuca removal than the existing agency effort.
@ The current level of funding for
the project (approximately $500,000 remaining) is sufficient to
accomplish aerial spraying of the remaining melaleuca.
The Environmental Protection Agency, the National Marine Fisheries Service, the Florida Game and Fresh Water Fish Commission, and the U.S. Army Corps of Engineers have all expressed serious concerns about the suitability of this site as a potential mitigation bank and/or recommend against its authorization as currently proposed.
This request to use sovereignty, submerged lands was denied by the Division of Environmental Resource Permitting on June 23, 1995, at which time the applicant requested an extension of time to petition this decision. The extension was granted, and on September 14, 1995, the Trustees approved rule 18-21.0051, F.A.C., which requires that requests to approve the use of sovereignty, submerged lands for mitigation banks be acted upon by the Board of Trustees. This rule became effective on October 12, 1995. Because of the new rule, this recommendation is being brought before the Board of Trustees for consideration.
If, instead of denying the request, the Board of Trustees conceptually approves the site for use as a mitigation bank, then a Request for Proposals is required to be developed for the site pursuant to the department's policy (Number 10). The applicant will be eligible to respond to the request. The chosen candidate would complete an application for use of sovereignty, submerged lands and staff would return to the Board of Trustees for final consideration. Additionally, consideration by the affected counties of the compatibility of the request with the respective comprehensive plans would be required.
(See Attachment 26, Pages 1-6, Submitted with the January 23, 1996 agenda)
RECOMMEND DENIAL
Item 9 Palm Beach County Board of County Commissioners/Sovereignty, Submerged Land Lease
REQUEST: Consideration of an application for a five-year sovereignty, submerged land lease containing 22,508 square feet, more or less, for a proposed public fishing pier.
COUNTY: Palm Beach
Application No. 502637596
APPLICANT: Palm Beach County Board of County Commissioners
(Juno Beach Pier)
LOCATION: Section 21, Township 41 South, Range 43 East, in the Atlantic Ocean, 3.6 miles south of the Jupiter Inlet, Class III waters, near the town of Juno Beach, within the local jurisdiction of Palm Beach County.
CONSIDERATION: $2,920.41 as the initial lease fee computed at the base rate of $0.1038 per square foot and including the initial 25 percent surcharge payment. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable. Fees may be revised upon receipt of an acceptable survey.
STAFF REMARKS: The applicant is proposing to construct a public fishing pier in conjunction with the county's Juno Beach Park. The pier will extend into the Atlantic Ocean approximately 895 feet, with a 22-foot wide walkway. In the nearshore area of the pier, the applicant is proposing to construct a 660 square-foot bait shop and vending area. This bait shop will be operated or managed by a concessionaire, with vending machines available for the use of the pier patrons and is considered a non-water dependent activity. The applicant has not determined the admission fee to the pier, but anticipates the fee will be minimal. To ensure long-term applicability of the conditions being imposed for the protection of sea turtles and in light of the commercial nature of the bait shop, staff does not recommend a waiver of lease fees.
The site of the proposed pier is on a Palm Beach County beach that contained a record number of turtle nests during the past nesting season and has historically been the heaviest nesting beach in the state. In 1990, 773 nesting sites were located on the beaches within one-half mile north and south of the proposed pier location. In 1995, there were 1,464 nesting sites within the same area. These nests are primarily used by three species of marine turtles: green, loggerhead, and leatherback turtles.
Since the applicant is proposing to operate the pier at night, the proposal includes lighting the walkway, the area under the main access pier, and around the terminal platform, bait shop, and vending machine areas. This presents staff with substantial concerns because unrestricted lighting and human activity on the beach area has been shown to significantly impact turtle nesting activities and to disorient hatchlings when leaving the nest. This lighting may result in an adverse impact on the hatchlings. To address these concerns, staff requested the Bureau of Protected Species (BPS) of the Division of Marine Resources to review the potential impacts that construction and use of the pier may have on the nesting and hatching activities of sea turtles.
The BPS review states that potential adverse impacts would be
lessened with the imposition of special lease conditions. The
conditions address the hours of operation of the pier, lighting,
location of construction equipment, informational displays regarding
hooking or snagging a marine turtle, establishing medical care
procedures, removal of discarded fishing gear, annual reports
of nesting survey data and other activities, and timing of construction
activities. Prior to construction, the applicant must provide
a plan describing the handling and salvaging of hook and line
captured marine turtles from the pier, a marine turtle nest survey
and monitoring plan, and a lighting plan for the pier.
At present, the applicant has not agreed to accept or comply with all of these conditions. However, because of potentially significant adverse impacts to marine turtles, staff recommends approval of the lease only if these conditions are included in the lease.
This type of project qualifies for processing under the delegations of authority. However, in light of heightened public concern, its potential effect on the environment, and controversial nature, staff is of the opinion that this project should be elevated to review by the Board of Trustees.
Approximately 234 individuals have written in support of the project; and resolutions of support from the City of Palm Beach Gardens, Northern Palm Beaches Chamber of Commerce, and Jupiter/Tequesta/Juno Beach Chamber of Commerce have been received. Additionally, a petition of 3,000 names was submitted to Palm Beach County in support of the project in 1988. Approximately 836 individuals have written or signed petitions in opposition to the project; and the Towns of Jupiter (via resolution) and Juno Beach oppose the project. Organizations expressing opposition to the pier include Swimmers and Taxpayers Opposing the Pier (STOP), Reef Environmental Education Foundation, Humane Society of the United States, and Sea Turtle Survival League. These comments in opposition to the project cover a variety of concerns, including the potential for adverse impact to turtles, the turtle nesting area/habitat, the presence of a public fishing pier within a residential area, and inadequate parking. Staff is of the opinion that these concerns have been addressed by the recommended special lease conditions or they represent local land use issues or concerns which are not within the jurisdiction of the department.
It is important to note that this request is being presented as an incomplete application at the applicant's request. The applicant is pursuing the outstanding items needed for completion, except for the lease survey, for which the applicant does not want to expend funds unless the request is approved. Staff has no objections to this request. If the lease is approved, staff will require the applicant to provide the items listed as special approval conditions prior to the issuance of an executed lease and prior to commencement of any construction activities.
The items which presently remain outstanding are: (1) a final determination of who will operate the facility (concessionaire or County staff); (2) the various plans and studies requested by the BPS; (3) acceptance by the applicant of the recommended BPS special conditions; and (4) the required survey and legal description of the proposed lease area. Additionally, the application for a coastal permit to the Bureau of Beaches and Coastal Systems is not complete and will be processed separately from this action.
The Board of Trustees authorized a rule amendment on September 14, 1995, to "link" the two processes of regulatory and proprietary reviews and authorizations. Because this application was received prior to October 12, 1995, the effective date of the linkage rule, the two decisions can be made separately. For background information, the "Intent to Issue" an environmental resource permit is attached.
Section 163.3194(3)(b), F.S., in summary, states that a local development approved or undertaken by a local government shall be consistent with the comprehensive plan if it meets all criteria of the plan and all other criteria enumerated by the local government. The proposed action is consistent with the adopted plan according to a letter received from Palm Beach County.
(See Attachment 9, Pages 1-18)
RECOMMEND APPROVAL SUBJECT TO THE SPECIAL APPROVAL CONDITIONS,
THE SPECIAL LEASE CONDITIONS, AND PAYMENT OF $2,920.41
Item 10 Ocklawaha River Restoration Status Report
REQUEST: Consideration of quarterly status report
COUNTIES: Putnam, Marion, Citrus, Levy
STAFF REMARKS: Chapter 93-213, Laws of Florida, required the department to prepare quarterly staff reports to the Governor, Cabinet and Legislature regarding the restoration of the ecosystem in the lower Ocklawaha River. By letter dated December 18, 1995, Comptroller Robert Milligan requested that the next quarterly status report be presented by staff to the Board of Trustees as a Cabinet agenda item. Comptroller Milligan also requested that information regarding the economic analysis and statutory authority associated with the restoration of the Ocklawaha River be included in the status report. The information summarized below is contained within the status report:
8. Authority of the department as to the final disposition of the water control structures at Rodman Reservoir.
(See Attachment 10, Pages 1-24)
RECOMMEND ACCEPTANCE OF REPORT