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Cabinet
Affairs |
Item 1 Minutes
Submittal of corrected minutes (Item 27) of the December 13, 1994 Cabinet meeting.
(See Attachment 1, Pages 1-2)
Item 2 CSX Transportation, Inc. Purchase Agreement/Dixie-Levy-Gilchrist Greenway
REQUEST: Consideration of a purchase agreement to acquire 500.7 acres of abandoned railroad corridor from CSX Transportation, Inc. (CSX), under the Preservation 2000 Greenways and Trails program.
COUNTIES: Dixie, Levy and Gilchrist
APPLICANT: Office of Greenways and Trails
LOCATION: Multiple Sections, Townships 10 and 11 South, Ranges 12, 13, 14 and 15 East
| Acres | 10/5/95 |
10/27/95 |
Approved Value* | Purchase Price | Closing Date |
| 500.7 | $2,250,000 | $2,400,000 | $2,385,485 | $1,985,000 | 12/30/96 |
* The appraised value of $2,400,000 was adjusted downward $14,515 to determine an approved value, based on a review of title deficiencies and the cost to cure those deficiencies. Staff, along with outside legal counsel, has determined that these title deficiencies will not prevent the corridor from being used as a recreational trail.
STAFF REMARKS: The former Florida Rails-To-Trails program was created by a resolution of the Governor and Cabinet on March 4, 1986, and enacted into law by the Florida Legislature in 1987. In 1996, the Florida Legislature expanded the program's purpose and re-named it the Florida Greenways and Trails program. The purpose of the Florida Greenways and Trails program is to facilitate the establishment of a statewide system of greenways and trails by acquiring linear corridors, open space connectors and trails.
The Dixie-Levy-Gilchrist Greenway acquisition is the tenth negotiated acquisition under the Greenways and Trails (formerly Rails-To-Trails) program and the eighth acquired by this office under the Florida Preservation 2000 program. The acquisition consists of a 31-mile abandoned railroad corridor which forms a "T" configuration between the cities of Trenton, Cross City and Chiefland.
Section 260.015(2)(b), F.S., allows for conveyance of title by quitclaim deed for lands acquired for recreational trails. The purchase agreement provides for CSX to deliver a quitclaim deed to the purchaser at closing. In the past, CSX has warranted title to portions of the lands they have conveyed to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (Board of Trustees). CSX is requesting that the Board of Trustees accept a quitclaim deed to all interests conveyed, which is now its standard practice.
The purchase agreement provides for the survey and the title insurance policy to be provided by CSX, and the environmental site assessment to be provided by the purchaser.
This acquisition is consistent with section 187.201(10), F.S., Natural Systems and Recreational Lands. This acquisition is also consistent with section 260.015, F.S., and the property will be managed by the Office of Greenways and Trails as a recreational trail.
(See Attachment 2, Pages 1-29)
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Item 3 Quarterly Management Reports
Submittal of the Quarterly Management Reports for the fourth quarter, SFY 1995-96 and the first quarter, SFY 1996-97.
(See Attachment 3, Pages 1-22)
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Item 4 TNC/John W. Burton Option Agreement/Highlands Hammock Project
REQUEST: Consideration of the acquisition of an option agreement to acquire 647.80 acres within the Division of Recreation and Parks Highlands Hammock Additions and Inholdings project from The Nature Conservancy.
CONSIDERATION: $1,519,900 ($1,490,000 for the acquisition; $29,900 for the purchase of the option agreement)
| REVIEW NO. | PARCEL | ACRES | Rex (03/26/96) |
Miller (03/26/96) |
APPROVED VALUE | PURCHASE PRICE | OPTION DATE |
| 619001 | Burton | 647.80 | $1,600,000 | $1,655,000 | $1,655,000 | $1,490,000 | 150 days after BOT approval |
STAFF REMARKS: The Highlands Hammock project is ranked number 61 on the Division of Recreation and Parks' Additions and Inholdings List. This agreement was negotiated pursuant to a multi-party acquisition agreement entered into between the Division of State Lands (DSL), on behalf of the Division of Recreation and Parks, and The Nature Conservancy (TNC).
TNC has acquired an option to purchase 647.80 acres within the Highlands Hammock project from John W. Burton, as Trustee. After this acquisition is approved, the Board of Trustees will acquire the option from TNC for $29,900, which represents TNC's costs associated with acquiring the option. 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 DSL 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 of the property or the 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 and an environmental site assessment will be provided by the seller prior to closing.
The property will be managed as an addition to the Highlands Hammock State Park by the Division of Recreation and Parks.
This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.
(See Attachment 4, Pages 1-29)
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Item 5 BOR/FSU/BOT/Moy/Wollschlager Purchase Agreements
REQUEST: Consideration of two purchase agreements among the Florida Board of Regents, Florida State University and the Board of Trustees to acquire 0.60 acre from two separate owners.
LOCATION: Section 35, Township 01 North, Range 01 West
| REVIEW NO. | PARCEL #/ SELLER | ACRES | CARLTON (06/28/95) |
APPROVED VALUE | PURCHASE PRICE | CLOSING DATE |
| 619002 | 95/Moy 0.22 | $115,000 | $115,000 | $114,900 | 200 days after BOT approval | |
| 619003 | 44/Wollschlager | 0.38 | $178,000 | $178,000 | $178,000 | 01/31/97 |
| 0.60 | $293,000 | $292,900 |
STAFF REMARKS: This acquisition was negotiated by Florida State University (FSU). Funds for this parcel were appropriated by the Florida Legislature and are still available.
The improvements on parcel 95 consist of a concrete block one-story duplex; a concrete block two-story duplex; and a one-story frame duplex, all built between 1927 and 1957. The improvements on parcel 44 consist of two one-story single-family residences and a one-story concrete block duplex. The two single-family residences are approximately 48 years old and the duplex is approximately 25 years old. The structures 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 the parcels will be satisfied at the time of closing. In the event the commitments for title insurance, to be obtained by FSU for the parcels prior to closing, reveal any other encumbrances which may affect the value of the parcels or the proposed management of the parcels, staff will so advise the Board of Trustees prior to closing.
An environmental site assessment for each parcel will be provided by the seller prior to closing, with FSU reimbursing the sellers for the cost of the environmental site assessments.
A certified survey of each parcel will be obtained by FSU prior to closing.
These parcels will be managed by FSU 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 1-38)
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Item 6 James V. Talano Option Agreement/Belle Meade CARL Project
REQUEST: Consideration of (1) an option agreement to acquire three parcels totaling 430.25 acres within the Belle Meade CARL project from James V. Talano, Trustee; and (2) a request for survey waiver for all properties except parcel number 130.
LOCATION: Section 07, Township 50 South, Range 27 East
CONSIDERATION: $1,075,000
| REVIEW | APPRAISED BY Dane | APPRAISED BY Catlett | APPROVED | PURCHASE | CLOSING | ||
| NO. | PARCEL | ACRES | (12/28/95) | (11/14/95) | VALUE | PRICE | DATE |
| 619004 | 130,138A,138B | 430.25 | $1,100,000 | $1,080,000 | $1,100,000 | $1,075,000 | 02/28/97 |
STAFF REMARKS: The Belle Meade CARL project is ranked number 3 on the CARL Priority Project List approved by the Board of Trustees on February 13, 1996, and is eligible for purchase under the Division of State Lands' Land Acquisition Workplan. This project contains 17,987 acres, of which 7,225 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 10,332 acres or 57 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 waiver of the requirement for surveys of all parcels except number 130 is being requested pursuant to section 18-1.005, F.A.C., because, in the opinion of the Bureau of Survey and Mapping, the parcels to be acquired meet all of the following conditions:
While this parcel is being recommended for a waiver of survey at this time, should the title commitment reveal a substantive surveying or surveying related issue which impacts the parcel, a certified survey will be provided by the purchaser prior to closing.
Environmental site assessments for all parcels and a certified
survey for parcel number 130 will be provided by purchaser prior
to closing.
The cypress swamps and old-growth slash pine flatwoods in the
Belle Meade project, extending to the fast-developing suburbs
of Naples, are still important for such endangered wildlife as
Florida panthers, red-cockaded woodpeckers, and Florida black
bear. Belle Meade is also the watershed for Rookery Bay. The Belle
Meade CARL project will conserve the westernmost large natural
area in southwest Florida, protect some of the southernmost populations
of several rare animals, and help protect the quality of the subtropical
estuary of Rookery Bay by preserving the critical hydrological
connection from the flatwoods and swamps to the bay, while providing
a large area for recreation in a natural environment to residents
of and visitors to rapidly urbanizing southwest Florida.
This property will be managed by the Department of Agriculture and Consumer Services, Division of Forestry as part of the Picayune Strand State Forest.
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 1-20)
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Item 7 ValuJet Flight 592 Memorial Site Resolution
REQUEST: Adoption of a Resolution establishing a memorial site for the victims of ValuJet Flight 592.
STAFF REMARKS: On May 11, 1996, ValuJet Flight 592 crashed in the Florida Everglades, killing all 110 people aboard. The inaccessibility of the site and total destruction of the aircraft have made it impossible to recover all of the victims. In recognition of the fact that the site is the final resting place of the passengers of Flight 592, it is proposed that the site be designated a state memorial site to commemorate the victims. While the site will be closed to the public, a suitable memorial and marker will be placed in a nearby location that will be accessible to the public.
(See Attachment 7, Pages 1-3)
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Item 8 Franklin County Land Disposition Determination
REQUEST: Consideration of a request to determine that (1) a 300-acre, more or less, parcel of state-owned land in Franklin County no longer needs to be preserved in furtherance of the intent of the Florida Preservation 2000 Act; (2) the land should not be disposed of by the Board of Trustees; and (3) the land should be held for other public purposes.
APPLICANTS: Department of Agriculture and Consumer Services, Division of Forestry and the Department of Corrections
CONSIDERATION: Pro rata reimbursement of the purchase price as determined by the final survey acreage of the site.
STAFF REMARKS: As a result of projected needs for prison beds, the Department of Corrections (Corrections) has been working to site several new correctional facilities throughout the state. The recent prohibition on net fishing in Florida's coastal waters provided an opportunity to direct siting to those counties whose economies had been affected by the ban and which would benefit most from the additional jobs provided by a new prison. Franklin County was one such county targeted to receive a new prison.
Corrections studied nine potential sites in Franklin County, including an 850-acre parcel being managed by the Department of Agriculture and Consumer Services, Division of Forestry (Forestry) as part of Tate's Hell State Forest. The Forestry parcel was eventually selected because of its close proximity to the areas affected by the net ban and because it had the least impact on wetlands of the nine sites.
Corrections contacted Forestry to determine the availability of the site. At the same time, it was able to reduce its request to 300 acres. Forestry determined that the site was not absolutely essential to its management of the state forest. The 850-acre parent tract identified by Corrections is separated from the main body of the forest by a state road, county work farm, jail and landfill. The larger tract is also bordered on three sides by St. Joe Paper Company land.
Forestry and Corrections agreed that, by locating the prison in close proximity to the state
forest, Forestry would be able to use work crews from the prison to assist in carrying out management activities on the state forest. Corrections also agreed to manage the undeveloped buffer areas around the prison in a manner that is consistent with the remaining state forest lands.
Forestry and Corrections began negotiating a sublease of the 300-acre site. Subsection 259.101(7), F.S., provides for the leasing of lands purchased with bond monies for any governmental use permitted by s. 17, Art. IX of the State Constitution of 1885, as adopted by s. 9(a), Art. XII of the State Constitution, and which is determined to be compatible with the purposes for which such lands were acquired. That constitutional provision authorizes the issuance of revenue bonds to "acquire lands, water areas and related resources and to construct, improve, enlarge and extend capital improvements and facilities thereon in furtherance of outdoor recreation, natural resources conservation and related facilities in this state." The Department of Environmental Protection (DEP) subsequently determined that a sublease for a correctional facility did not constitute a proper governmental use of lands as permitted by the Florida Constitution.
Forestry again assessed its need for the parcel and determined that, because it was not absolutely essential to its management of the forest, it would be willing to request a release of its lease. Once released from Forestry's lease, the site would be available for surplus review. Pursuant to section 253.034, F.S., lands which an agency has indicated are not being used for the purpose for which they were originally leased are reviewed by the Land Management Advisory Council (LMAC) for its recommendation as to whether such lands should be disposed of by the Board of Trustees. LMAC reviewed the parcel at its meeting of October 24, 1996, and recommended that the parcel should not be disposed of by the Board of Trustees but should be retained for other public purposes. LMAC also recommended that the parcel be leased to Corrections.
Before the land can be leased to Corrections, the Board of Trustees must first make a determination pursuant to subsection 259.101(6), F.S., that such land no longer needs to be preserved in furtherance of the intent of the Florida Preservation 2000 Act. In light of Forestry indicating that the land is not absolutely essential to its management of the state forest and requesting that the parcel be released from its lease, staff is requesting that the Board of Trustees make such a determination. Staff is also requesting that the Board of Trustees concur with LMAC's recommendation that the land should not be disposed of and should be retained for other public purposes. Following these actions, staff will obtain a partial release of lease from Forestry for the 300-acre site and will lease the site to Corrections. Corrections will reimburse the P-2000 Trust Fund at a pro rata share of the original purchase price. The final amount will be determined following receipt of an acceptable survey of the site.
A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, the plan was not in compliance. A compliance agreement between the Department of Community Affairs and the local government has been finalized. The correctional facility site is not consistent with the adopted plan. According to Franklin County, if the proposed action is approved by the Board of Trustees, the county will seek a plan amendment to provide for the facility.
(See Attachment 8, Pages 1-14)
RECOMMEND APPROVAL SUBJECT TO RECEIPT OF AN ACCEPTABLE SURVEY
AND A PARTIAL RELEASE OF LEASE FROM FORESTRY.
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Item 9 Cross State Towing Company Submerged Land Lease
REQUEST: Consideration of an application for a modification of a fiveyear sovereignty, submerged land lease to contain a total of 128,308 square feet, more or less, for an expansion of a commercial marine repair facility.
COUNTY: Duval
Lease No. 160302692
LOCATION: Section 41, Township 02 South, Range 27 East, in the St. Johns River, Class
III waters, within the local jurisdiction of the City of Jacksonville.
Aquatic Preserve: No
Outstanding Florida Waters: No
CONSIDERATION: (Lessee's request for a 128,308 square-foot lease area) $27,626.14 representing (1) $15,126.14 as the initial lease fee, computed at the base rate of $0.1070 per square foot, and including the initial 25 percent surcharge payment for the additional area; and (2) $12,500 as an administrative fine for the unauthorized use of sovereignty submerged land. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable. (The lessee has paid the administrative fine; lease fees may be adjusted based on a revised survey.)
(Staff's recommendation for an 87,637 square-foot lease area) $22,186.39 representing (1) $9,686.39 as the initial lease fee, computed at the base rate of $0.1070 per square foot, and including the initial 25 percent surcharge payment for the additional area; and (2) $12,500 as an administrative fine for the unauthorized use of sovereignty submerged land. (The lessee has paid the administrative fine; lease fees may be adjusted based on a revised survey; and lease fees in arrears may be assessed.) (See explanation in staff remarks.)
STAFF REMARKS: The lessee is requesting after-the-fact authorization to expand an existing commercial marine repair facility presently used in conjunction with an upland barge and small vessel repair facility. A Temporary Use Agreement (TUA) had been issued for the dock and mooring area located outside the existing nearshore lease area. The lessee is requesting that the existing lease area be expanded to include the TUA area plus an additional mooring area. However, the requested expansion is controversial with the City of Jacksonville (City) and local residents. Therefore, staff is recommending that the Board of Trustees approve a compromise lease area encompassing the TUA area only.
On May 5, 1981, the Board of Trustees granted the lessee an original lease area containing 24,475 square feet of sovereignty submerged lands for docks and mooring area along the lessee's shoreline. The lease was subsequently modified for a total of 32,077 square feet. On December 13, 1994, the Board of Trustees granted the lessee a separate additional lease area offshore, but within its riparian area, containing 44,000 square feet, for an additional area to moor vessels. The two leases were combined and total 76,077 square feet. The City considered the offshore lease area to be inconsistent with its local comprehensive plan. The lessee is now requesting an additional 52,231 square feet to expand the nearshore portion of the lease area. The City has stated that the nearshore expansion is also inconsistent. The lessee's proposed expansion is consistent with rule criteria governing the use of sovereignty submerged lands. However, because of the City's objection to the proposal, the amount of sovereignty submerged lands already under lease, and the history associated with the proposal, staff recommends a compromise to the lessee's request that allows the addition of only the TUA area, 11,560 square feet.
Prior to the Board of Trustees' meeting in December 1994 to consider the offshore lease proposal, staff discovered that one of the docks and numerous vessels in the nearshore lease area extended beyond the authorized lease boundary. The Department of Environmental Protection (DEP) proceeded to the Board of Trustees with the offshore lease area request because it was viewed as a resolution to unauthorized mooring of vessels by the lessee at another offshore site in the river. The Board of Trustees approved the controversial request for the offshore lease area on December 13, 1994, contingent upon the removal of sunken and derelict barges located outside the nearshore lease area and strict adherence to the boundaries of both lease areas.
Upon compliance with the Board of Trustees' directive to remove the barges and receipt of fees assessed for the unauthorized use of sovereignty lands, staff issued a Temporary Use Agreement (TUA) on March 1, 1995, for 11,560 square feet for the portion of the dock extending beyond the nearshore lease boundary and the adjacent mooring area. The TUA provided temporary authorization for use of sovereignty lands for a period of time to allow the lessee time to pursue and obtain a modified lease for the additional area. The TUA was extended from June 1, 1995, to November 28, 1995, to accommodate the City's request to hold a public hearing in Jacksonville on the proposed modification. The TUA was again extended to February 13, 1996, to allow the DEP to study and respond to all of the issues raised at the public hearing. The TUA has expired; however, the lessee was given additional time to meet with the City to negotiate a lease area that would be agreeable to both which could then be presented to the Board of Trustees. The DEP sent letters to the lessee on June 14 and August 16, 1996, giving a final 30-day period to work out an agreeable lease area or remove the portion of the dock that extends beyond the existing lease area. The lessee's request is being presented to the Board of Trustees for consideration because the request represents an issue of heightened public concern.
The lessee's current expansion request consists of the TUA area of 11,560 square feet plus an additional 40,671 square feet, for a total requested addition of 52,231 square feet. However, staff is recommending as a compromise the addition of only the TUA area, for a total requested addition of 11,560 square feet.
A public hearing was conducted by district staff in Jacksonville on September 27, 1995, to gather local public comment concerning this lease modification request and to present it to the Board of Trustees for consideration. A complete public hearing report is attached.
In summary, the majority of the objections to the proposed expansion pertained to boating safety, upland property values and zoning, and manatee safety.
The City specifically objects to the proposed modified lease for the following stated reasons:
(1) Navigational and safety hazards: this issue has been addressed by the Florida Marine Patrol which states no objection because the subject site is in a year-round slow speed/minimum wake area established to protect manatees and that boaters operating their vessels in accordance with the restrictions in place (including posted signs) should be traveling at slow speed, thereby drastically reducing the risk of collision. Additionally, the U.S. Coast Guard's marking/lighting requirement is included as a special lease condition;
(2) The lessee's past history of lease violations: this has been addressed through authorization of an offshore lease area and the TUA process;
(3) Contrary to the public interest: the lessee's request is consistent with applicable rules governing the use of sovereignty submerged lands;
(4) Contrary to the City's Comprehensive Plan: the issue is an item for consideration by the Board of Trustees as part of its consideration of granting, modifying, or denying additional use of sovereignty submerged lands under the lessee's request;
(5) Contrary to the State Lands Management Plan: the DEP has reviewed the lessee's proposal with the Conceptual State Lands Management Plan adopted March 17, 1981, and finds no inconsistencies with the provisions of the plan;
(6) Arbitrary and capricious: the DEP has evaluated the proposal and offered its recommendation consistent with applicable state lands rules and due consideration of the issues;
(7) Inconsistent with upland zoning: staff considers this a local issue. The requested expansion is within the riparian area of a locally zoned upland commercial site and is consistent with sovereignty submerged lands rules; and
(8) Manatee safety: staff is of the opinion that this issue is addressed by the existence of a slow speed/minimum wake zone and by the continued inclusion of special lease conditions as recommended by the Division of Marine Resources in the proposed lease regarding manatee protection conditions, an informational display and awareness signs, and a bumper/fender system.
Staff is of the opinion that all concerns of the public hearing and the City have been addressed within staff's purview. In addition, the proposed modification request is in compliance with chapter 18-21, F.A.C., and there are no objections from other agencies. Staff can find no specific grounds to recommend denial of the lessee's request based on state lands rule criteria. However, staff is sensitive to the implied conflict with local public interest when there is continued and repeated local government opposition to a proposal before the DEP and the Board of Trustees. Therefore, staff is suggesting a compromise lease area of only the TUA area, containing 11,560 square feet, which is the area that would have been authorized for lease at the time the wetland resource permit was issued in 1981. Staff has identified this compromise lease area for the Board of Trustees' consideration along with the Board of Trustees' consideration of the policy issue related to the fact that the City opposes the lease expansion and has stated, by resolution, that it would not be consistent with the local comprehensive plan.
The Board of Trustees adopted an administrative fine policy on August 14, 1990. Based on the policy, staff is requesting that the Board of Trustees assess an administrative fine for the unauthorized use of sovereignty submerged lands resulting from the construction of the dock and mooring outside the lease boundary. Staff proposes calculating the administrative fine, pursuant to Board of Trustees' policy, at the rate of $0.50 per square foot. However, because the fine is more than the maximum base fine, the maximum base fine of $2,500 will apply. A multiplier of one is applied since staff is recommending approval of the previously unauthorized activity ($2,500). A multiplier of four is applied because the existing facility was under lease which constitutes written notice ($10,000). The total recommended administrative fine is $12,500, which the lessee has already paid. If the Board of Trustees authorizes the area previously under TUA, then lease fees in arrears will be assessed from February 13, 1996.
A DEP wetland resource permit is not required because this modification request is for an expanded lease area only, with no new dredging or construction. Recommendations of the
Division of Marine Resources in the current lease will continue to be included as special lease conditions. There is no submerged vegetation or other significant submerged resource in the proposed expansion area.
A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, the Department of Community Affairs (DCA) determined that the plan is not in compliance. In accordance with the Compliance Agreement between DCA and the local government, an amendment has been adopted which brought the plan into compliance. The City stated that this modification request would not be consistent with the amended comprehensive plan.
(See Attachment 9, Pages 1-40)
RECOMMEND (1) DENIAL OF THE LESSEE'S REQUEST; AND (2) APPROVAL
OF A MODIFIED LEASE FOR 87,637 SQUARE FEET SUBJECT TO THE SPECIAL
APPROVAL CONDITION, THE SPECIAL LEASE CONDITIONS, AND PAYMENT
OF $9,686.39 AS THE INITIAL LEASE FEE AND $12,500 AS AN ADMINISTRATIVE
FINE.