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Cabinet
Affairs |
Item 1 Minutes
Submittal of the minutes of the May 29, 1996 Cabinet meeting.
Item 2 Campbell/Ciolfi Option Agreements/Longleaf Pine Ecosystem (Ross Prairie) CARL Project
REQUEST: Consideration of two option agreements to acquire 10.2 acres within the Longleaf Pine Ecosystem (Ross Prairie) CARL project from G.F. Campbell and Joyce M. Campbell and from Agnes Ciolfi.
COUNTY: Marion
LOCATION: Section 13, Township 17 South, Range 20 East
CONSIDERATION: $15,300
APPRAISED BY
REVIEW SCHLEMMER APPROVED PURCHASE OPTION
NO. PARCEL ACRES (10/23/95) VALUE PRICE DATE
612006 Campbell 5.1 $7,650 $ 7,650 $ 7,650 12/31/96 612007 Ciolfi 5.1 $7,650 $ 7,650 $ 7,650 12/31/96
10.2 $15,300 $15,300
STAFF REMARKS: The Longleaf Pine Ecosystem (Ross Prairie) CARL project is ranked number 9 on the 1996 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. This project contains 20,166 acres, of which 9,546 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves these agreements, 10,610 acres or 52.6 percent of this project will remain to be acquired.
All mortgages and liens will be satisfied at the time of closing. In the event the commitments for title insurance, to be obtained prior to closing, reveal any other encumbrances which may affect the value of the properties or the proposed management of the properties, staff will so advise the Board of Trustees prior to closing.
Certified surveys and environmental site assessments will be provided by the purchaser prior to closing.
Though they once covered much of north and central Florida, old-growth longleaf pine sandhills are now only distant memories, replaced by pine plantations, pastures, and housing developments. Nevertheless, fragments of good sandhills still remain. The Longleaf Pine Ecosystem project will conserve four of the largest and best of these fragments, in so doing helping to ensure the survival of several rare animals like the red-cockaded woodpecker as well as some plants, and giving the public an opportunity to see and enjoy the original, and increasingly rare, natural landscape of Florida's uplands.
These properties will be managed as a state forest by the Department of Agriculture and Consumer Services, Division of Forestry, with the Florida Game and Fresh Water Fish Commission cooperating.
These acquisitions are consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.
(See Attachment 2, Pages 1-30)
Item 3 Musselwhite/Poole/Revelli Option Agreements/Wekiva-Ocala Greenways CARL Project
REQUEST: Consideration of three option agreements to acquire approximately 745.7 acres within the Wekiva-Ocala Greenways CARL project from three separate owners.
COUNTY: Lake
LOCATION: Sections 17, 18, 19, 29 and 30, Township 18 South, Range 29 East
CONSIDERATION: $1,464,000
APPRAISED BY
REVIEW Goodman Arline APPROVED PURCHASE OPTION
NO. PARCEL ACRES (08/22/94) (12/02/94) VALUE PRICE DATE
612003 Musselwhite 429.0 $1,051,300 $1,072,500 $1,072,500 $ 845,000 11/30/96
612004 Poole 274.0 $ 617,500 $ 685,000 $ 685,000$ 535,000 11/30/96
612005 Revelli 42.7 $ 107,700 $ 107,700$ 84,000 11/30/96
745.7 $1,865,200 $1,464,000
STAFF REMARKS: The Wekiva-Ocala Greenways CARL project is ranked number 7 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 68,578 acres, of which 25,487 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves these agreements, 42,345 acres or 61.7 percent of the project remains to be negotiated.
All mortgages and liens will be satisfied at the time of closing. Preliminary title information reveals that Katherine M. Osborne holds the royalty interest in one-half of all oil, gas and minerals without right of entry, on approximately 624.5 acres. Staff recommends acquiring these properties subject to this outstanding royalty interest. In the event the commitments for title insurance, to be obtained prior to closing, reveal any other encumbrances which may affect the value of the properties or the proposed management of the properties, staff will so advise the Board of Trustees prior to closing.
Certified surveys and the environmental site assessments will be provided by the purchaser prior to closing.
The springs, rivers, lakes, swamps and uplands stretching north from Orlando to the Ocala National Forest are an important refuge for the Florida black bear, as well as other wildlife such as the bald eagle, swallow-tailed kite, Florida scrub jay and wading birds. The Wekiva-Ocala Greenway will protect these animals and the Wekiva and the St. Johns River basins by protecting natural corridors connecting Wekiva Springs State Park, Rock Springs Run State Reserve, the Lower Wekiva River State Preserve and Hontoon Island State Park with the Ocala National Forest. It will also provide the people of the booming Orlando area with a large, nearby natural area in which to enjoy camping, fishing, swimming, hiking, canoeing and other recreational pursuits.
These properties will be managed by the Division of Forestry as part of the Seminole State
Forest. These properties will be managed for natural resource conservation and outdoor recreation activities under a multiple-use management regime.
These acquisitions are consistent with section 187.201 (10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.
(See Attachment 3, Pages 1-46)
Item 4 R. R. Mountain Option Agreement/Florida Springs Coastal Greenway (Homosassa Reserve/Walker Property) CARL Project
REQUEST: Consideration of an option agreement to acquire 3.98 acres within the Homosassa Reserve/Walker property area of the Florida Springs Coastal Greenway CARL project from R. R. Mountain, Trustee.
COUNTY: Citrus
LOCATION: Section 24, Township 20 South, Range 17 East.
CONSIDERATION: $1,800
APPRAISED BY
REVIEW Hunnicut APPROVED PURCHASE OPTION
NO. SELLER ACRES (06/15/92) VALUE PRICE DATE
612008 Mountain 3.98 $1,800 $1,800 $1,800 10/20/96
STAFF REMARKS: The Florida Springs Coastal Greenway CARL project is ranked number 20 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. This project contains 40,262 acres, of which 27,691 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 12,567 acres or 31 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 site assessment will be provided by the purchaser prior to closing.
The ragged coastline of Citrus County, with its salt marshes, clear spring runs, hammocks and flatwoods, is being affected by the explosive growth of this part of the state. The Florida Springs Coastal Greenway project will conserve the natural landscape of this coast, protecting the water quality of the spring runs and estuaries where endangered manatees congregate, preserving natural lands that link with conservation lands to the south, and providing scenic areas in which the public can enjoy fishing, hiking, or learning about the natural world of this coast.
This property will be managed as an addition to the state forest and wildlife management area with the Department of Agriculture and Consumer Services, Division of Forestry 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 4, Pages 1-20)
RECOMMEND APPROVAL
Item 5 Cathy D. Williams Purchase Agreement/Florida State University
REQUEST: Consideration of a purchase agreement among the Florida Board of Regents, Florida State University and the Board of Trustees to acquire 0.11 acre from Cathy D. Williams.
COUNTY: Leon
APPLICANT: Florida State University
LOCATION: Section 35, Township 01 North, Range 01 West
CONSIDERATION: $85,900
APPRAISED BY
REVIEW PARCEL #/ CARLTON APPROVED PURCHASE CLOSING
NO. SELLER ACRES (06/28/95) VALUE PRICE DATE
612009 88/Williams 0.11 $86,000 $86,000 $85,900 200 days after
BOT approval
STAFF REMARKS: This acquisition was negotiated by Florida State University (FSU). Funds for this acquisition were appropriated by the Florida Legislature and are still available.
This parcel contains a 67 year-old, one-story frame duplex which 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 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 property or the proposed management of the property, staff will so advise the Board of Trustees prior to closing. FSU will reimburse the seller for the cost of the title insurance commitment and policy. The reimbursement shall not exceed the minimum promulgated rate.
A certified survey and environmental site assessment will be provided by the sellers prior to closing, with FSU reimbursing the seller for the costs of the survey and environmental site assessment.
This parcel will be managed by Florida State University as a part of the FSU 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 5, Pages 1-25)
Item 6 Katie C. Crowder Purchase Agreement Amendment/Lake Jackson Mounds Additions and Inholdings Project
REQUEST: Authority to amend a previously approved purchase agreement to acquire 8.16 acres within the Lake Jackson Mounds Division of Recreation and Parks Additions and Inholdings project from the Katie C. Crowder Marital Trust.
COUNTY: Leon
APPLICANT: Division of Recreation and Parks
LOCATION: Section 10, Township 01 North, Range 01 West
STAFF REMARKS: On February 14, 1995, the Board of Trustees approved a purchase agreement to acquire 8.16 acres from the Katie C. Crowder Marital Trust for $89,000. The original agreement required the sellers to clean up the on-site contamination before closing.
An environmental site assessment was performed on the property before contracting. It identified a 10,000-gallon underground storage tank, with evidence of diesel fuel leakage. The owners removed the tank from the site and applied for registration under the Abandoned Tank Restoration Program (ATRP), as referenced in section 376.305(7), F.S. On September 27, 1995, the site was made eligible for state-administered cleanup under the ATRP. The owners' position is that the property has been registered in the ATRP and their obligation toward the cleanup has been satisfied.
The owner of each site which qualifies for funding under the ATRP is relieved of the responsibility of paying for the cost of cleanup, up to the maximum amount allowed under the program for site rehabilitation. Each site in the program is given a score based upon the potential threat to public health, safety, and welfare; drinking water supplies; and the environment. The referenced site received a score of 64. At the present time a score of 70 is needed to qualify for funding in the program. The Bureau of Waste Cleanup advises that funding for this program is expected to remain constant for the foreseeable future and this site should qualify for funding within one to three years.
Sites eligible under the ATRP are allowed a maximum of one million dollars for site rehabilitation. Eligibility for participation in the ATRP will be transferred to the Board of Trustees upon the transfer of title from the Katie C. Crowder Marital Trust. Thus, the Board of Trustees will be liable for the cost of cleanup only to the extent that the ATRP does not fund the entire cost. The Bureau of Waste Cleanup does not anticipate the cost of cleaning this site to exceed the one million dollar cap.
While the Bureau of Appraisal has indicated that the continued presence of contamination on the property would adversely affect its value, staff does not believe it is useful to pursue a reappraisal of the property. The Bureau of Appraisal has indicated that estimating the impact would be very speculative. In addition, the value of the property is minimal and the cost of seeking an updated appraisal would be several thousand dollars. Finally, the contract that was negotiated was three thousand dollars under the appraised value. Staff is of the opinion that, given these circumstances, the procedures proposed in this paragraph are prudent and will provide reasonable protection for the interests of the public [reference section 259.041(1), F.S.] For these reasons, it is recommended that the Board of Trustees authorize the closing to proceed without attempting to value the impact of the contamination.
The owners have also indicated that they will donate 55 acres along the shoreline of Lake Jackson to the state. It is also their intention to donate to the Department of State a private collection (approximately 5,000) of Native American Indian artifacts which were discovered on the subject property. Jim Miller, Ph. D., Chief of the Bureau of Archaeological Research, has estimated a value of $100,000 for the artifacts. The artifacts have been transferred to the Museum of Florida History, R. A. Gray Building, from the Bureau of Archaeological Research for preservation and storage. These conveyances will occur on or after the day of closing.
This property will be managed as an addition to the Lake Jackson Mounds State Archaeological site. The Division of Recreation and Parks has stated that the property can be managed with the on-site contamination and recommends that the Division of State Lands proceed with the acquisition. If for any reason the Abandoned Tank Restoration Program does not fund the entire restoration cost for the required cleanup of the contaminated site, the Division of Recreation and Parks has agreed to take the lead in seeking other programs to provide adequate funding for the cleanup and if necessary, to request special funding through the legislative budget process.
The requested amendment will amend the existing contractual requirement for the sellers to clean up the property or to indemnify the Board of Trustees, with the result that the Board of Trustees will purchase the property subject to the existence of the hazardous materials identified in the environmental site assessment, without relieving the sellers of any statutory liability for post-closing cleanup in the event that the site rehabilitation is not fully funded by the ATRP. In addition, the amendment will specify that the contractual purchase price will not be reduced as a result of the underground storage tank and leakage identified in the environmental site assessment.
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 1-27)
Item 7 Robert A. Cairns Partial Assignment of Option Agreements/Archie Carr Sea Turtle Refuge CARL Project
REQUEST: Consideration of a partial assignment of two option agreements to acquire approximately 104.64 acres within the Archie Carr Sea Turtle Refuge CARL project from Robert A. Cairns and Robert A. Cairns, Trustee.
COUNTY: Indian River
LOCATION: Section 26, Township 31 South, Range 39 East
CONSIDERATION: $5,300,000 (representing the Board of Trustees' 50 percent share of the purchase price of $10,600,000)
APPRAISED BY
REVIEW Baker Goodman APPROVED PURCHASE OPTION
NO. SELLER ACRES (08/29/95) (08/29/95) VALUE PRICE DATE
612001 Cairns 17.24 $1,465,000$1,430,000 $ 1,465,000 $ 1,250,00009/01/96
612002 Cairns,Trustee 87.40 $9,842,000 $9,700,000 $ 9,842,000 $ 9,350,000 09/01/96
104.64 $11,307,000 $10,600,000
STAFF REMARKS: The Archie Carr Sea Turtle Refuge CARL project is ranked number 2 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 Archie Carr Sea Turtle Refuge project contains 948 acres, of which 322 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves these agreements, 521 acres or 55 percent of the project remains to be negotiated.
Pursuant to a multi-party acquisition agreement entered into between the Division of State Lands and Indian River County (County), the County has optioned the above parcels for assignment to the Board of Trustees. If this assignment is approved, staff will proceed to close these transactions with the County contributing 50 percent of the purchase price of the properties.
It has been the long-standing practice of the Board of Trustees to insist on unencumbered, fee simple title to the lands it acquires under the CARL program. This policy is based upon the fact that the CARL program is a state initiative with its goal being state ownership and control. Permitting other entities to hold an interest in the title or insist on deed restrictions raises the possibility of management conflicts in the future.
In this case, Indian River County is contributing 50 percent of the purchase price and is using the proceeds of a local bond issue for its share. The County's bond counsel has advised that it may only use bond proceeds if it obtains some interest in the property being acquired. While not consistent with the foregoing policy, the Department of Environmental Protection (DEP) has agreed to grant the County a right of re-entry during the time the bonds are outstanding if the property is either sold or converted to another use. This right of re-entry language is acceptable to the County's bond counsel.
The County has requested that the Board of Trustees agree to accept additional restrictions on its future use of the property that DEP cannot recommend. The County wants to place language in the deed that would perpetually limit its use to those uses set out in sub-section 259.032 (3) (a) - (f), F.S. To do this would take away the Board of Trustees' authority under current law to permit other compatible governmental uses of the property [sub-section 259.101 (7), F.S.] or to determine at some point in the future that the property is no longer needed for the purposes for which it was purchased and to dispose of it [sub-section 259.101 (6), F.S.]. Such restrictive language would also have the effect of diminishing the property's value.
It is DEP's recommendation that the Board of Trustees not accept the assignment with the language requested by the County. Rather, DEP has drafted alternative language that would recognize that the State's ownership must be consistent with all applicable statutory provisions in effect when the property is acquired.
All mortgages and liens will be satisfied at the time of closing. In the event the commitments for title insurance, to be obtained prior to closing, reveal any other encumbrances which may affect the value of the properties or the proposed management of the properties, staff will so advise the Board of Trustees prior to closing.
Certified surveys and environmental site assessments will be provided by the County prior to closing, and the state will reimburse the County 50 percent of the approved costs of these items.
Although sea turtle nesting occurs from the southern tip of Texas to the southern coast of Virginia, a 20-mile stretch of beach in Brevard and Indian River County, Florida, is one of the most significant nesting areas for Loggerhead Sea Turtles in the world; the most significant nesting area for Green Sea Turtles in the western hemisphere and an occasional nesting area for the Leatherback Sea Turtle, one of the largest and rarest sea turtles. Stretches of quiet, undisturbed sandy beaches, with little or no artificial light, are essential to the reproductive success and survival of sea turtles. For thousands of years, sea turtles have returned each year
to these beaches to lay their eggs and continue the species. The Archie Carr Sea Turtle Refuge project is designed to help protect the habitat and assure the continued survival of these endangered sea turtles.
These properties will be managed by Indian River County as a conservation area with compatible passive recreational public access.
These acquisitions are consistent with section 187.201 (10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.
(See Attachment 7, Pages 1-66)
RECOMMEND APPROVAL SUBJECT TO THE COUNTY'S ACCEPTANCE OF STAFF'S ALTERNATIVE LANGUAGE REQUIRING COMPLIANCE WITH ALL APPLICABLE STATUTORY PROVISIONS IN EFFECT ON THE DATE OF THE DEED
Item 8 Release of Restriction and Reverter Provisions/Polk County/Florida State Improvement Commission
REQUEST: Consideration of a request by Polk County to release the restriction and reverter provisions covering nine lots conveyed to it by the Florida State Improvement Commission.
COUNTY: Polk
APPLICANT: Polk County
LOCATION: Lots 7 through 15, Block 8 of Silver Shores Subdivision, located within Section 20, Township 28 South, Range 26 East
STAFF REMARKS: On January 5, 1949, the Florida State Improvement Commission (Commission) entered into an agreement with the Florida Department of Agriculture and Consumer Services (Agriculture) for the purpose of building an agriculture and citrus inspection building on 47 lots in Winter Haven. The agreement provided for conveyance of the lots to Agriculture once it had performed all of its obligations under the agreement. On April 29, 1960, the Commission deeded all 47 lots to Agriculture. Unfortunately, it had already conveyed nine of the lots to Polk County (County) seven years earlier. The Commission's 1953 deed to the County contained language restricting use of the property for a County health center and a reverter clause in the event the property ceased to be used as such. Concurrent with the execution of the 1953 Commission deed, Agriculture also executed a deed, without any restrictions or reverter, to the County for the same nine lots. The Agriculture deed appears to be a wild deed since there is no evidence that Agriculture had any interest in the property other than by virtue of the 1949 agreement.
The deed restriction and reverter provisions have never been released and remain in effect at this time. By operation of law they vested in the Board of Trustees pursuant to chapters 67-269 and 67-2236, both Acts of 1967, Laws of Florida. Polk County is requesting a release of the restriction and reverter to allow it to tear down its existing public health unit to build its Polk County Medical Station. Of the 47 lots, only the nine deeded to Polk County were subject to a reverter and use restriction. Although the restriction could be modified to provide for the medical station, staff feels that a release is consistent with the degree of title interest conveyed by the Commission for the remaining lots and that the failure to release the reverter prior to now has been an oversight. The requested release is only one such action requested of the Board of Trustees over the years to remove clouds on title to various of the 47 lots because of errors in conveyances. The requested release will clear the last cloud on title requiring Board of Trustees action.
A consideration of the status of any local government comprehensive plans was not made for this item. The Department of Environmental Protection has determined that the transfer of real property is not subject to the local government planning process.
(See Attachment 8, Pages 1-23)
Item 9 Larry E. Crosby 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 antidegradation 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. However, if the SJCBCC had submitted a valid and timely resolution of objection to the proposed lease, DEP staff would have deactivated the lease application and no further action would have been taken. 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.
DEP staff participated in a special meeting in St. Johns County on May 29, 1996 to address the controversy surrounding the application and the proposed lease site. Public comment was overwhelmingly opposed to the issuance of the lease, and discussions did not resolve the specific issues of concern. A detailed summary of the special meeting is included as an attachment.
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 9, Pages 1-22)
Item 10 Florida Department of Transportation v. Robert J. Skidmore Settlement Agreement
REQUEST: (1) Approval of a settlement agreement in the case of State of Florida Department of Transportation v. Robert J. Skidmore, et al (Skidmore), Case Number 92-1087 CA in the Nineteenth Judicial Circuit in and for Martin County, Florida; and 2) Issuance of a Quitclaim Deed from the Board of Trustees to Skidmore.
COUNTY: Martin
LOCATION: Section 32, Township 37 South, Range 41 East
STAFF REMARKS: In 1992 the Florida Department of Transportation (DOT) filed an action in Martin County to condemn certain interests in property owned by Robert J. Skidmore for construction of the new Roosevelt Bridge in Stuart, Florida. Pursuant to Orders of Taking entered February 25, 1993, DOT acquired temporary construction and permanent maintenance easement interests in Parcels 700 and 800 containing 36,055 square feet, more or less. As the eminent domain proceeding progressed, DOT alleged that a portion of Skidmore's property was illegally filled formerly submerged sovereign lands for which Skidmore should not be compensated.
The Court ordered Skidmore to file a third-party complaint against the Board of Trustees in order that the boundary line between the sovereign land and the property of Skidmore could be determined. On April 4, 1995, Skidmore filed the third-party complaint seeking to quiet title to the lands created by illegal fill and the artificial accretion caused by the illegal fill.
The Department of Environmental Protection (DEP), with the assistance of DOT, defended the quiet title action. It was determined by DEP that the lands were illegally filled by Skidmore's predecessor in title, and that there remained a factual dispute between Skidmore and DEP as to the amount of land which was originally filled and the amount of accretion resulting from the illegal fill.
Recognizing that there were facts in dispute, the expense of protracted litigation and the cost of establishing a boundary line, DOT, DEP, and Skidmore agreed that a boundary line should be stipulated to by all parties wherein Skidmore could keep all disputed lands in return for not seeking compensation for those lands. After numerous settlement discussions and mediation, DEP, with the concurrence of DOT, proposed that a boundary line be established wherein approximately 9,000 square feet of land would be stipulated as sovereign and quitclaimed by the Board of Trustees to Skidmore in return for Skidmore waiving compensation for 9,000 square feet.
The settlement was accepted by Skidmore and is reflected in the terms of the Settlement Agreement appended as Attachment A. Approval of this settlement agreement will resolve all
issues involving the third-party complaint and the Board of Trustees. Approval of this settlement agreement will also establish the compensable square footage in parcels 700 and 800 in the eminent domain litigation which will remain pending between DOT and Skidmore. The settlement agreement has been approved by DOT, which fully concurs with it.
(See Attachment 10, Pages 1-12)
Item 11 City of Key West Recommended Consolidated Intent/Lease Modification
DEFERRED FROM JUNE 25, 1996 AGENDA
REQUEST: Consideration of an application for a modification of a ten-year sovereignty submerged land lease to contain a total of 347,983.6 square feet, more or less, for a commercial docking facility.
COUNTY: Monroe
Lease No. 440027185
Application Nos. 442678425 and 442809145
APPLICANT: City of Key West
(Key West Bight)
LOCATION: Section 31, Township 67 South, Range 25 East, in Key West Bight, Class III
Waters, within the local jurisdiction of the City of Key West.
Outstanding Florida Waters: No
Aquatic Preserve: No
CONSIDERATION: $27,828.55 as the initial lease fee computed at the base rate of $0.1070 per square foot, discounted 30 percent because of the first-come, first-serve nature of the facility, and including the initial 25 percent surcharge payment for the additional area. A portion of the project (2,950 square feet ) qualifies for a waiver of lease fees pursuant to section 18-21.011(1)(b)10, F.A.C., which states that fees may be waived in whole or in part for government, research, or non-profit uses if the project is determined to be in the public interest. 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.
STAFF REMARKS: The Board of Trustees authorized a rule amendment on September 14, 1995, to "link" the two processes of regulatory and proprietary reviews and authorizations. The rule became effective October 12, 1995. As a result of this linkage, the recommended Department of Environmental Protection (DEP) regulatory permit decision and the recommendation to the Board of Trustees on the proprietary authorization are contained in one document, the "Consolidated Notice of Intent to Issue," which is attached. The attached consolidated intent contains a recommendation for issuance of a permit under Part IV of chapter 373, F.S., and a recommendation for granting authorization to use sovereign submerged lands under chapter 253, F.S., for the activity described therein. This recommendation is provided to the Board of Trustees pursuant to section 373.427(2), F.S. A description of the requested activity is provided in Section I, "Description of the Proposed Activity." The specific basis for recommending approval of the authorization to use sovereign submerged lands is contained in Section III, "Background/Basis for Issuance."
Approval by the Board of Trustees is requested only for those aspects of the activity which require authorization to use sovereign submerged lands. If the Board of Trustees approves the request to use sovereign submerged lands and the activity also qualifies for an environmental resource permit and no challenges are received, the "Consolidated Notice of Intent" will be issued and will contain general and specific conditions. In the event the Board of Trustees denies the use of sovereign submerged lands, whether or not the activity otherwise qualifies for an environmental resource permit, DEP will issue a "Consolidated Notice of Denial" for both the environmental resource permit and the authorization to use sovereign submerged lands.
The applicant is proposing to expand the preempted area of an existing 145-slip commercial docking facility by: (1) constructing a Harborwalk with widths up to ten feet; (2) constructing new docks in new configurations to replace seven docks that have been or will be removed; and (3) consolidating the area of sovereign lands currently being preempted by structures and vessel mooring into the lease. The number of slips will be reduced to 139. The applicant also proposes to repair 255 linear feet of the concrete seawall cap at the southwestern portion of the facility, repair five existing docks and associated pilings, and repair/replace a non-water dependent building that has collapsed. The existing sovereign submerged land lease contains 270,808 square feet. The applicant assumed the lease from the prior lessee on December 30, 1992.
The existing marina has a mixture of recreational, commercial charter, liveaboards, salvage, and commercial fishing vessels. Upland uses include three restaurants, several dive centers, retail shops, and the ends of three city streets. There are two existing fueling facilities within the lease area.
The Harborwalk is proposed to be up to ten feet wide to provide handicapped access and two-way pedestrian traffic with room for the public to stop and sightsee. Docking will be allowed along portions of the Harborwalk where docking currently exists. Docking along remaining sections of the Harborwalk will be strictly prohibited; this is addressed as a special lease condition. A standard lease condition prohibits the Harborwalk from being used for restaurant seating or selling alcoholic beverages.
The rule restricts activities over sovereign submerged land to water-dependent activities. However, pursuant to rule 18-21.004(1)(d)1, F.A.C., a non-water dependent structure may be authorized if it is a public project primarily intended to provide access to the waterfront and if located along a seawall or other non-natural shoreline. The proposed Harborwalk is consistent with this rule.
Section 18-21.011(1)(b)10, F.A.C., states that waivers, partial waivers, or exclusions from payment of the lease fees for government, research, educational or charitable organizations may be granted by the Board of Trustees in the event that the proposed uses are in the public interest. There are portions of the Harborwalk which will be for general pedestrian use and where no mooring will be allowed. Therefore, staff recommends that the Board of Trustees waive the lease fees for these portions of the Harborwalk (2,950 square feet) as has been done for other public boardwalks.
Also, within the lease area is a non-water dependent cannery building that was previously part of a grandfathered facility (GSR 0077). The structure has been deteriorating for several years. When the City of Key West acquired the building in December 1992, it posted signs to keep the public out because the structure was unsafe. In July 1994, the applicant began the process of obtaining authorizations to renovate the marina and the cannery building. By April 1995, the flooring of the cannery building had collapsed into the water.
The applicant is requesting that the Board of Trustees allow the structure to be rebuilt. The structure is listed in the National Register of Historic Places and the applicant has received a grant from the Department of State to remove and rebuild the structure at some point in the future to create an open-to-the-public walkthrough educational museum to educate the public about the historic green turtle industry and the maritime industry in general. In light of these facts and because there would be no resource concerns in rebuilding the cannery, staff believes that rebuilding the structure would be in the public interest and recommends that the Board of Trustees allow the reconstruction pursuant to section 18-21.004(1)(d)1., F.A.C. If the Board of Trustees approves the reconstruction, a special lease condition will be included to prohibit future changes in use of the structure unless authorized by the Board of Trustees.
A May 1, 1996 site inspection states that the configuration of the leased facility is in compliance.
A portion of the proposed Harborwalk will be located within the 25-foot setback areas and waivers have been obtained from both affected property owners.
The DEP wetland resource permit (no. 442678425) issued on August 3, 1995, required installation of two sewage pumpout facilities which were installed in October 1995. The draft DEP environmental resource permit (no. 442809145) requires fueling facilities to have automatic shutoff valves.
A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, the Department of Community Affairs (DCA) determined that the plan was not in compliance. In accordance with the compliance agreement between 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 as amended according to a letter received from the City of Key West.
(See Attachment 11, Pages 1-51)
RECOMMEND APPROVAL SUBJECT TO THE SPECIAL LEASE CONDITIONS AND PAYMENT OF $27,828.55