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Cabinet
Affairs |
Item 1 Minutes
Submittal of the minutes of the March 28, 1996 Cabinet meeting.
Item 2 Brannen/Brannen/Norris Sovereignty Submerged Lands Aquaculture Leases
REQUEST: (1) Consideration of competitive, sealed bids for three sovereignty, submerged land aquaculture leases; (2) acceptance of [a] two highest qualified bids from James C. Brannen, and [b] a matched high qualified bid from Patrick R. Norris; and (3) the issuance of three ten-year sovereignty, submerged land aquaculture leases, each containing 5.0 acres, more or less.
COUNTY: Brevard
Site Numbers I -- 05-AQ-313, II -- 05-AQ-339 and III -- 05-AQ-364
LOCATION: Each of the three parcels of land are located in Section 9 (II-is also located in Section 4), Township 23 South, Range 36 East, in Body C of the Indian River, Class III waters, near the City of Merritt Island, within the local jurisdiction of Brevard County.
CONSIDERATION: I -- $1,090; II -- $2,020; and III -- $1,090, per year, including an annual surcharge representing $5 per acre or fraction thereof, for deposit in the Marine Biological Trust Fund pursuant to section 370.16(4), F.S.
STAFF REMARKS: The three proposed aquaculture leases are all previous lease application sites in the "Brevard County High Density Aquaculture Leasing Area: Body C." Two of them were denied by the Board of Trustees (BOT) because those applicants did not qualify to do the work. The other previous lease application was approved by the BOT, but the lease was not executed because the applicant no longer desired to perform aquaculture activities. No lease fees were collected, but substantial costs were incurred during the evaluation and review for each site. Since these leases were vacant, the Department of Environmental Protection (DEP) wished to re-initiate the lease application process. To limit the potential that anyone might have an unfair advantage in applying for the vacant parcels, the DEP used a competitive bid process. The applicants for these three leases were told before they applied that the leases would be subject to competitive bids.
This was the first time that the DEP had sought competitive bids for submerged lands that would be used for aquacultural purposes (including one lease in St. Johns County). There was a general perception among the shellfish aquaculture industry that competitive bidding would adversely affect prospective applicants and the growth of this emerging industry. In efforts to reach a compromise with this industry while taking advantage of the competitive bid process, the DEP offered original applicants an opportunity to match the highest bid received in the competitive bid process.
Applicants were also advised that, if the Brevard County Board of County Commissioners (BCBCC) submitted a valid resolution of objection to the proposed activity, their $200 application processing fee would not be refunded. Additionally, if no substantial objections were received and if they were not the high bidder, then the successful bidder would reimburse them for their application processing fees and the cost of the initial advertisement in the local newspaper. These provisions were determined to be appropriate for all three sites for the following reasons: (1) they are in conformity with section 18-21.004(2)(l)1, F.A.C., which states in part: "it shall be a policy of the State of Florida to foster aquaculture when the aquaculture activity is consistent with state resource management goals, proprietary interest, environmental protection and antidegradation goals . . ;" (2) an independent competitive bid of all three sites were jointly advertised in the Florida Today newspaper; and (3) all bidders were required to submit a lease application that was reviewed for conformity under the same effective cultivation standards stipulated in chapter 18-21, F.A.C., and the terms and conditions of the lease instrument. No respondent expressed any concerns about the provision for matching bids within the bid conditions.
The projects are all located within a conditionally-approved shellfish harvesting area for the performance of clam culture activities. The Division of Marine Resources has determined that all three sites are suitable for the proposed activities and do not pose significant adverse impacts to the environment. Approval is subject to compliance with recommended special lease conditions. The local governmental authority did not object to the proposed projects.
Three applicants who submitted an early lease application for each site are marked by an asterisk below. Debra A. Burton filed an application for Site II, but she actually submitted a bid on a bid form for Site I. She declined to match the high qualified bid on her lease application. Keith O. Zickuhr also declined to match the highest bid for Site I. Patrick R. Norris matched the highest bid for Site III on March 19, 1996. The bids were all opened on March 14, 1996, and are summarized as follows:
SITE I (CONTAINING FIVE ACRES)
BIDDERS BID AMOUNTS PER ACRE AMOUNT PER ACRE SURCHARGE James C. Brannen $1,090.00 $213.00 $5 *Keith O. Zickuhr 102.90 15.58 5 Wayne Perry 104.90 15.98 5 *Debra A. Burton 102.90 15.58 5
SITE II (CONTAINING FIVE ACRES)
BIDDERS BID AMOUNTS PER ACRE AMOUNT PER ACRE SURCHARGE James C. Brannen $2,020.00 $399.00 $5 Wayne Perry 154.35 25.87 5 Ralph T. Armstrong 1,001.00 195.20 5
SITE III (CONTAINING FIVE ACRES)
BIDDERS BID AMOUNTS PER ACRE AMOUNT PER ACRE SURCHARGE *Patrick R. Norris $1,090.00 $213.00 $5 Wayne Perry 205.90 36.18 5 William Coolidge 1,000.00 195.00 5 James C. Brannen 1,090.00 213.00 5
Staff recommends that the Board of Trustees accept the offers for the bidders referenced below:
SITE NUMBERS BIDDERS I -- 05-AQ-313 James C. Brannen II -- 05-AQ-339 James C. Brannen III -- 05-AQ-364 Patrick R. Norris
A local government comprehensive plan has been adopted for the area pursuant to section 163.3167, F.S. The Department of Community Affairs (DCA) has determined that the plan was not in compliance. A compliance agreement between the DCA and the local government was finalized. The proposed action is consistent with the adopted plan.
(See Attachment 2, Pages 1-15)
RECOMMEND APPROVAL SUBJECT TO THE SPECIAL LEASE CONDITIONS
Item 3 Larry E. Crosby Sovereignty Submerged Lands Aquaculture Lease
REQUEST:
(1) Consideration of a competitive, sealed bid for a proposed sovereignty, submerged land aquaculture lease; (2) acceptance of a bid of $50 per year, submitted by Larry E. Crosby; and (3) the issuance of a ten-year sovereignty, submerged land aquaculture lease, containing 2.0 acres of sovereignty submerged lands, more or less.
COUNTY: St. Johns
No. 55-AQ-338
APPLICANT: Larry E. Crosby
LOCATION:
Sections 35 and 2, Township 9 South, Range 30 East, in the Matanzas River, Class III waters, near the Town of Crescent Beach, within the local jurisdiction of St. Johns County.
CONSIDERATION: $50, representing (1) an initial lease fee of $20 per acre, or fraction thereof; and (2) an annual surcharge of $10, representing $5 per acre or fraction thereof, for deposit in the Marine Biological Trust Fund pursuant to section 370.16(4), F.S.
STAFF REMARKS: The proposed project site was previously leased to Gary L. Feldhamer by the Board of Trustees on October 10, 1989, for clam culture. No objections were received from anyone in response to the notice to the four original lease applications. The original parcel included four leases that preempted five acres: three one-acre parcels and one two-acre parcel. Since the lessee did not perform effective cultivation, Mr. Feldhamer's leases were terminated by the Department of Environmental Protection (DEP) on April 22, 1994.
Since the lease was vacant the DEP initiated a competitive bid process to offer the area to a new tenant. Larry E. Crosby filed an application to perform clam culture activities on 4.426 acres of the site and was informed that the leases would be subject to competitive bids.
The Division of Marine Resources recommended that the lease be reduced to a single two-acre parcel and sought competitive bids for the single parcel. The competitive bid process appeared to be the most equitable method to offer this lease and best served the public interest. This action marked the first time that the DEP had sought competitive bids for submerged lands that would be used for aquacultural purposes (including three leases in Brevard County).
There was a general perception among the shellfish aquaculture industry that competitive bidding would adversely affect prospective applicants and the growth of this emerging industry. In efforts to reach a compromise with the industry during the competitive bid process, the DEP offered the original applicant the opportunity to match the highest bid. The DEP accepted the lease application from Mr. Crosby and informed him that a provision was included that allowed him to match the highest bid.
The staff also advised Mr.Crosby that if the St. Johns County Board of County Commissioners (SJCBCC) would submit a valid resolution of objection to the proposed activity, his $200 application processing fee would not be refunded. Additionally, if no substantial objections were received and if he was not the high bidder, then the successful bidder would reimburse him for his application processing fee and the cost of the initial advertisement in the local newspaper. These provisions were determined to be appropriate for the site for the following reasons: (1) they are in conformity with section 18-21.004(2)(l)1, F.A.C., which states in part: "it shall be a policy of the State of Florida to foster aquaculture when the aquaculture activity is consistent with state resource management goals, proprietary interest, environmental protection and antidegradatioyn goals . . ;" (2) the competitive bid was advertised in the St. Augustine Record; and (3) all potential bidders were required to submit a lease application for review for conformity under the same effective cultivation standards stipulated in chapter 18-21, F.A.C., and the terms and conditions of the lease instrument. No respondent expressed any concerns about the provision for matching bids within the bid conditions. Mr. Crosby was the only bidder.
St. Johns County's resolution was not received within the required 30-day local review period under section 253.68, F.S., that states in part: "...said resolution shall be filed with the Board of Trustees within 30 days of the date of the first publication of notice as required by s. 253.70." The initial publication date was January 27, 1995 (Ponte Vedra Recorder), and the county's Resolution No. 95-114 was not adopted until June 13, 1995. The resolution was not documented to the department by the SJCBCC until January 12, 1996. In order for that resolution to have a legal standing in this case, it was required to be filed on or before February 26, 1995. It was adopted four and one-half months after publication, and filed for record 12 months after the statutory period closed.
The SJCBCC's Resolution of Objection expressed the following concerns: (1) the lease would exclude the public from common resources; (2) the lease would restrict ingress and egress across the site; (3) the methodology for clam aquaculture may adversely impact sport and recreational fishermen; and (4) the aquaculture activity would pose navigational hazards, create visual pollution, and undermine property values.
The SJCBCC also filed a resolution objecting to the competitive bid of the proposed lease on March 6, 1996. Neither of the two resolutions precludes the DEP from proceeding with the review and approval process for the lease. Yet, the SJCBCC is now clearly opposed to the issuance of the proposed lease.
The proposed project is located within a conditionally-approved shellfish harvesting area. The Division of Marine Resources completed a resource assessment of the proposed project site and offered a positive recommendation pursuant to the provisions in chapter 18-21.005, F. A. C. This recommendation was subject to the applicant accepting special lease conditions and agreeing to reducing the size of the proposed lease area from 4.426 acres to two acres. The lease modification was recommended in order to: (1) exclude natural oyster reefs; (2) provide a greater buffer zone between the lease and adjacent salt marsh vegetation; and (3) provide an added buffer zone to allow greater access to an adjacent tidal creek. The applicant has agreed to reduce the size of the proposed lease area and to the special lease conditions.
A local government comprehensive plan has been adopted for the area pursuant to section 163.3167, F.S. The Department of Community Affairs (DCA) has determined that the plan was not in compliance. A compliance agreement between the DCA and the local government was finalized. The proposed action is consistent with the adopted plan.
(See Attachment 3, Pages 1-16)
RECOMMEND APPROVAL SUBJECT TO THE SPECIAL LEASE CONDITIONS
REQUEST: Consideration of an option agreement to acquire approximately 97.08 acres within the Florida Keys Ecosystem CARL project from Caryl R. Unger, Richard A. Rose and Benedict A. Silverman utilizing appraisals based on land use regulations in effect as of January 1, 1996.
COUNTY: Monroe
LOCATION: Sections 14 and 23, Township 62 South, Range 38 East
CONSIDERATION: $1,875,000
REVIEW NO.608002
APPRAISED BY
Johnston Wingo APPROVED PURCHASE OPTION
PARCEL ACRES (07/20/94) (08/11/94) VALUE PRICE DATE
A 27.00 $ 590,000 $ 660,000 $ 660,000 $1,875,000* 06/28/96*
B 70.08 $1,198,000 $1,260,000 $ 1,260,000
97.08 $1,920,000
*Both parcels
STAFF REMARKS: The Florida Keys Ecosystem CARL project is ranked number 5 on the CARL Priority Project List approved by the Board of Trustees on February 13, 1996, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan. The project contains 6,964 acres, of which 514 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 6,294 acres or 90 percent of the project will remain to be negotiated.
On March 12, 1996, the Board of Trustees exercised its authority under section 259.041(1), F.S., to waive the normal appraisal procedures and to substitute other reasonably prudent procedures. This waiver enabled the Division of State Lands to utilize approved appraised values that were based on land use regulations in effect as of January 1, 1996 in Monroe County, Florida.
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.
The Florida Keys Ecosystem is part of a strategy for conserving the biological diversity of the tropical hardwood hammock ecosystem in the continental United States. The project (located in an area of Critical State Concern) would provide a network of hammock forest preserves linking existing hammock preserves in North Key Largo and the Lower Keys, insuring that critical ecological processes will be preserved. Natural communities within the project sites include tropical hardwood hammock (Rockland Hammock), estuarine tidal swamp and coastal rock barren.
This property will be managed by The Nature Conservancy for the conservation and preservation of its natural 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 4, Pages 1-38)
RECOMMEND APPROVAL
Item 5 BOR/FSU/BOT/Delta Housing Colony/Burnside Purchase Agreements
REQUEST: Consideration of two purchase agreements among the Florida Board of Regents, Florida State University and the Board of Trustees to acquire a total of 0.44 acre of land from two separate owners.
COUNTY: Leon
APPLICANT: Florida State University
LOCATION: Section 35, Township 01 North, Range 01 West
CONSIDERATION: $250,500
APPRAISED BY
REVIEW NO. PARCEL #/ CARLTON APPROVED PURCHASE CLOSING
SELLER ACRES (05/03/94) VALUE PRICE DATE
608005 214/Delta 0.32 $159,000 $159,000 $158,500 07/31/96
Housing Colony
608006 89/Burnside 0.12 $92,000 $92,000 $92,000 200 days after
0.44 $251,000 $250,500 BOT approval
STAFF REMARKS: These acquisitions were negotiated by Florida State University (FSU). Funds for these acquisitions were appropriated by the Florida Legislature and are still available. Parcel 214 contains a 45 year-old, two-story frame and brick fraternity house and parcel 89 contains a 57 year-old, one and one-half-story frame single-family residence. The improvements will be removed as soon as FSU obtains all of the necessary permits, after which the area will be used for parking. Ultimately, the area is slated for new construction with FSU's future expansion. All mortgages and liens on each parcel will be satisfied at the time of closing. In the event the commitment for title insurance, to be obtained for each parcel prior to closing, reveals any other encumbrances which may affect the value of either property or the proposed management of either property, staff will so advise the Board of Trustees prior to closing. FSU will reimburse each seller for the cost of the title insurance commitment and policy. The reimbursements shall not exceed the minimum promulgated rate. A certified survey and environmental site assessment will be provided by the sellers for each parcel prior to closing with FSU reimbursing the sellers for the costs of the surveys and environmental site assessments. These parcels will be managed by Florida State University as a part of the FSU campus through a lease to the Florida Board of Regents. These acquisitions are consistent with section 187.201(01), F.S., the Education section of the State Comprehensive Plan.
(See Attachment 5, Pages 1-50)
RECOMMEND APPROVAL
Item 6 South Savannas CARL Project/Mervyn Gompert Purchase Agreement REQUEST: Consideration of a purchase agreement to acquire 1.25 acres within the South Savannas CARL project from Mervyn Gompert.
COUNTY: St.Lucie
LOCATION: Section 24, Township 36 South, Range 40 East
CONSIDERATION: $6,500
REVIEW NO. 608001
APPRAISED BY
(Gray) APPROVED PURCHASE CLOSING
SELLER ACRES (08/24/94) VALUE PRICE DATE
Gompert 1.25 $6,500 $6,500 $6,500 90 days after
BOT approval
STAFF REMARKS: The South Savannas CARL project is ranked number 4 on the Substantially Complete Project List approved by the Board of Trustees on February 14, 1995, and is eligible for negotiation under the Division of State Lands' Land Acquisition Workplan. This project contains 6,007 acres, of which 4,692.55 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 1,313.2 acres or 21.9 percent of the project will remain to be acquired.
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, environmental site assessment, and title insurance
commitment will be provided by the purchaser prior to closing.
Around Fort Pierce a chain of marshes and lakes separating inland pine flatwoods from the coastal scrub on the high Atlantic Ridge has survived the rapid development of St. Lucie and Martin counties like a visitor from another time. The South Savannas project will conserve these coastal freshwater marshes and the nearby flatwoods and scrub so that the wildlife and plants of this area, some extremely rare, will continue to survive and the public can learn about and enjoy this scenic remnant of the original southeast Florida.
This property will be managed by the Division of Recreation and Parks as part of the Savannas State Reserve.
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 1-13)
RECOMMEND APPROVAL
Item 7 Crystal River State Archeological Site/Quide C. White Option Agreement
REQUEST: Consideration of an option agreement to acquire 7.61 acres within the Crystal River State Archeological Site Division of Recreation and Parks Additions and Inholdings project from Quide C. White, Trustee.
COUNTY: Citrus
APPLICANT: Division of Recreation and Parks
LOCATION: Section 18, Township 18 South, Range 17 East CONSIDERATION: $1,100,000
REVIEW NO. 608003
APPRAISED BY
Emerson Brown APPROVED PURCHASE OPTION
ACRES (11/17/94) (12/12/94) VALUE PRICE DATE
7.61 $1,190,000 $1,055,000 $1,190,000 $1,100,000 08/30/96
STAFF REMARKS: The Crystal River project is ranked number 39 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. While the parcel being acquired has a residential structure and a mobile home, the appraisal did not recognize these improvements as having any contributing value.
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 radon gas and wood destroying organisms report will be provided by the seller prior to closing.
A certified survey and environmental site assessment will be provided by the purchaser prior to closing.
The property will be managed as an addition to the Crystal River State Archeological 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 7, Pages 1-26)
RECOMMEND APPROVAL
Item 8 Department of Agriculture and Consumer Services, Division of Forestry/Wieckhorst Purchase Agreement/Survey Waiver
REQUEST Consideration of (1) a purchase agreement to acquire 6.01 acres by the Department of Agriculture and Consumer Services, Division of Forestry under the Preservation 2000 program from Douglas M. Wieckhorst and Robin A. Wieckhorst; and (2) a request for survey waiver.
COUNTY:Seminole
APPLICANT: Department of Agriculture and Consumer Services, Division of Forestry
LOCATION: Section 10, Township 21 South, Range 32 East
CONSIDERATION: $66,600
REVIEW NO. 608004
APPRAISED BY
PARCEL Marshall APPROVED PURCHASE CLOSING
NAME ACRES (05/10/95) VALUE PRICE DATE
Wieckhorst 6.01 $74,000 $74,000 $66,600 90 days after
BOT approval
STAFF REMARKS: This acquisition was negotiated by the Department of Agriculture and Consumer Services, Division of Forestry (DOF) under the P2000 Additions and Inholdings Program.
All mortgages and liens will be satisfied at the time of closing. In the event the commitment for title insurance, to be obtained for the parcel prior to closing, reveals any other encumbrances which may affect the value of the parcel or the proposed management of the parcel, staff will so advise the Board of Trustees prior to closing.
A waiver of the requirement for a survey of this parcel is being requested pursuant to section 18-1.005, F.A.C., because, in the opinion of the Bureau of Survey and Mapping this parcel is completely surrounded by state owned lands, and the cost of a boundary survey would outweigh the benefit to the state.
An environmental site assessment of the property will be provided by the DOF prior to closing.
Once acquired, this property will be managed by the Department of Agriculture and Consumer Services, Division of Forestry as part of the Little Big Econ State Forest. This parcel is an out parcel of the Little Big Econ State Forest and will improve overall management of the forest. This property will be managed for natural resource conservation and outdoor recreation activities under a multiple use management regime.
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 1-19)
RECOMMEND APPROVAL
Item 9 Palm Beach County Board of County Commissioners/Sovereignty, Submerged Land Lease
DEFERRED FROM MARCH 12, 1996 AGENDA
WITHDRAWN FROM FEBRUARY 13, 1996 AGENDA
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.
Aquatic Preserve: No
Outstanding Florida Waters:No
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 is expected to 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.
Because of potentially significant adverse impacts to marine turtles,
staff recommends approval of the lease only if these conditions
are included in the lease. The applicant has agreed to comply
with all of these conditions.
This 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, City of Riviera Beach, 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 Town
of Jupiter (via resolution) opposes the project. The Town of Juno
Beach originally stated opposition to the project; however, no
vote was taken by the council. 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 of Environmental
Protection.
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; and (3) 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 complete except for Board of Trustees' authorization 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. The Intent to Issue a wetland resource permit was signed March 8, 1996. The Intent to Issue has been challenged by the Town of Jupiter, Peter and Christina Gandolfo, Seppala Corporation, Joseph and Donna Sanzari, and Marjorie and Lieber Nataupsky. An administrative hearing has not been scheduled. Therefore, staff (and the challengers) request that the Board of Trustees consider the request now, rather than waiting for resolution of the challenge, so that, if necessary, any challenge to the issuance of the lease can be combined with the wetland resource permit challenge and be considered by the hearing officer at the administrative hearing when one is scheduled.
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 1-11)
RECOMMEND APPROVAL SUBJECT
TO THE SPECIAL APPROVAL CONDITIONS, THE SPECIAL LEASE CONDITIONS, AND PAYMENT OF $2,920.41