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Cabinet
Affairs |
AGENDA
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
APRIL 29, 1997
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Item 1 Minutes
Submittal of the minutes of the March 11, 1997 Cabinet meeting.
RECOMMEND ACCEPTANCE
Item 2 Frank Vincent Dumond Purchase Agreement/Coupon
Bight/Key Deer CARL Project
REQUEST: Consideration of a purchase agreement to acquire
approximately 1.11 acres within the Coupon Bight/Key Deer CARL
project from Frank Vincent Dumond.
COUNTY: Monroe
LOCATION: Section 26, Township 66 South, Range 29 East
CONSIDERATION: $52,500
APPRAISED BY
REVIEW WARONKER APPROVED PURCHASE CLOSING
NO. OWNER ACRES (05/21/94) VALUE PRICE DATE
707001 Dumond 1.11 $52,500 $52,500 $52,500 6 months
after BOT
approval
STAFF REMARKS: The Coupon Bight/Key Deer CARL project
is ranked number 2 on the CARL Mega-Multiparcel 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 1,827 acres, of which 411
acres have been acquired or are under agreement to be acquired.
After the Board of Trustees approves this agreement, 1,415 acres
or 77 percent of the project will remain to be acquired.
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 and Big Pine Key, 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.
An environmental site assessment and a certified survey may be
provided by purchaser prior to closing. A mass environmental
site assessment was performed on this project and no contaminants
were discovered. Prior to closing, the managing agency will perform
a site inspection and, as in prior purchases in this project,
unless contaminants are found, a site specific environmental site
assessment will not be performed.
The subtropical pine forests of rapidly developing Big Pine Key and the islands around it are the home of the endangered Key deer as well as of many Caribbean plants found nowhere else in the country. Rich coral reefs and other hardbottom communities flourish in the shallow water around the islands. The Coupon Bight/Key Deer CARL project will protect the remaining undeveloped land on Big Pine and No Name Keys, without which, the Key deer will
Board of Trustees
Agenda - April 29, 1997 Page Two
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Item 2, cont.
not survive; protect the water quality of the Coupon Bight Aquatic
Preserve and the other waters surrounding the islands; and provide
the public an area to appreciate the unique natural world of this
part of Florida.
This property will be managed by the U.S. Fish and Wildlife Service
as a part of the National Key Deer Refuge.
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 2, Pages 1-7)
RECOMMEND APPROVAL
Item 3 Southwest Florida Land Preservation Trust,
Inc. Option Agreement/ Andrew B. Wolfe Purchase Agreement/Rookery
Bay CARL Project
REQUEST:
Consideration of (1) an option agreement to acquire 5.85 acres
within the Rookery Bay CARL project from Southwest Florida Land
Preservation Trust, Inc., a Florida not-for-profit corporation;
(2) a purchase agreement to acquire 9.56 acres within the Rookery
Bay CARL project from Andrew B. Wolfe, Trustee; and (3) a request
for survey waivers.
COUNTY:
Collier
LOCATIONS:
Section 31, Township 51 South, Range 26 East; and Section 25,
Township 51 South, Range 25 East
CONSIDERATION:
$374,388
APPRAISED BY
REVIEW PARCEL/ (Bowen) APPROVED PURCHASE OPTION
NO. SELLER ACRES (07/01/92) VALUE PRICE DATE
707002 167/SW FL Land 5.85 $4,388 $ 4,388 $ 4,388 90 days after
Preservation Trust BOT approval
(Bowen) CLOSING
(02/01/96) DATE
707003 132-7/Andrew B. 9.56 $380,000 $380,000 $370,000 90 days after
Wolfe
15.41 $384,388 $374,388 BOT approval
STAFF REMARKS:
The Rookery Bay CARL project is ranked number 8 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 10,853
acres, of which 4,153.24 acres have been acquired or are under
agreement to be acquired. After the Board of Trustees approves
these agreements, 6,684.35 acres or 62 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 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.
A waiver of the requirement for a survey for these parcels is being requested pursuant to
Board of Trustees
Agenda - April 29, 1997 Page Three
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Item 3, cont.
section 18-1.005, F.A.C., because, in the opinion of the Bureau
of Survey and Mapping, the parcels to be acquired meet the following
conditions:
While these parcels are being recommended for a waiver of survey
at this time, should the title commitments reveal a substantive
surveying or surveying related issue which impacts the parcels,
a certified survey will be provided by the purchaser prior to
each closing.
An environmental site assessment will be provided by the purchaser
prior to each closing. The purchaser will reimburse the seller
of parcel 132-7 for the cost of the title insurance policy.
Rookery Bay is an outstanding subtropical estuary in the fastest
growing part of Florida. Its mangroves shelter important nesting
colonies of water birds, and feed and protect many aquatic animals.
These animals, in turn, are the foundation of a commercial and
sport fishery. The Rookery Bay CARL project will protect the bay's
water quality and its native plants and animals and will provide
recreational opportunities to the people of southwest Florida.
As an addition to the Rookery Bay National Estuarine Research
Reserve, the project will also further coastal ecosystem research
and environmental education.
These properties will be managed by
the Division of Marine Resources as part of the Rookery Bay National
Estuarine Research Reserve.
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 1-44)
RECOMMEND APPROVAL
Item 4
Indian River Community College/Department of Corrections Conveyance
REQUEST: Consideration of a request to convey five acres
of state-owned land to Indian River Community College.
COUNTY: Indian River
Deed No. 29872
APPLICANT: Indian River Community College and the Florida Department of Corrections
Board of Trustees
Agenda - April 29, 1997 Page Four
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Item 4, cont.
LOCATION: Section 15, Township 33 South, Range 39 East
STAFF REMARKS: In October 1985, the Department of Corrections
(Corrections) and Indian River Community College (College) entered
into a contract providing for Corrections' use, at no consideration,
of the College's Mueller Center facility for department training.
As a condition of the contract, the College agreed to donate
five acres of land to the Board of Trustees so that Corrections
could construct a dormitory to house its staff that train at the
facility. The contract further specified that the document transferring
the five acres to the state would contain a reverter clause stipulating
that ownership of the five acres would revert to the College should
the facility cease to be used for staff training. For reasons
unknown, the reverter provision was never included in the deed.
Corrections is no longer utilizing the site as a training facility
and is requesting that its lease be terminated and that title
to the five acres be transferred simultaneously back to the College.
The dormitory was built using funds from the Criminal Justice
Training Trust Fund. The Criminal Justice Standards and Training
Commission has approved the transfer.
A consideration of the status of the local government comprehensive
plan was not made for this item. The Department of Environmental
Protection has determined that land conveyances are not subject
to the local government planning process.
(See Attachment 4, Pages 1-13)
RECOMMEND APPROVAL
Item 5
Department of Corrections/BOT/USA Title Transfer Resolution
REQUEST: Consideration of a resolution authorizing the
Florida Department of Corrections, on behalf of the Board of Trustees,
to apply to the United States of America for the transfer of title
to certain federal land in Orange County to the Board of Trustees.
COUNTY: Orange
APPLICANT: Florida Department of Corrections
LOCATION: Section 17, Township 22 South, Range 30 East
STAFF REMARKS: The United States of America (USA) has
declared the Orlando Naval Training Center (NTC) surplus to its
needs and it is subject to assignment for disposal for educational
purposes by the United States Secretary of Education. The Florida
Department of Corrections (DC) has identified an educational need
for a portion of the NTC property.
The Orlando City Council unanimously endorsed DC's proposal which calls for turning over three buildings to DC. Building 253 (23,462 square feet) and Building 255 (5,400 square feet), with adjacent parking spaces, are proposed for a central training academy for Correctional Officers and Correctional Probation Officers. An additional 150 parking spaces will be made available at a nearby lot within walking distance. Building 310 (116,630 square feet) is proposed for student housing, a correctional management institute, regional training delivery, regional support services, program development center, distance learning center, and administrative support. Building 310 has 100 parking spaces. From the City of Orlando's
Board of Trustees
Agenda - April 29, 1997 Page Five
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Item 5, cont.
perspective, the DC proposal for reutilization of these facilities
ensures that high value jobs are created at the closing of the
base and the flow of professional employees being trained at the
facility will have a positive economic impact.
Incarcerated or supervised offenders will not be housed in the
NTC facilities, nor will they participate in programs on-site.
As a part of its requirements for the application for transfer
of title to the subject property, the USA has asked for a resolution
from the legal entity taking title to the property; therefore,
DC is asking the Board of Trustees to approve this resolution.
The resolution (1) states that the Board of Trustees is fully
informed of the federal laws, rules and regulations which govern
this transaction; (2) states that DC shall secure the transfer
of the title to the subject property subject to such exceptions,
reservations, terms, covenants, agreements, conditions and restrictions
as the United States Secretary of Education, or his authorized
representative, may require in connection with the disposal of
the subject property, subject to approval by the Board of Trustees;
and (3) authorizes DC to apply on behalf of the Board of Trustees
for the transfer of title to the subject property. The resolution
further states that if the federal government approves this application
a copy of the application and standard deed conditions will be
filed with the permanent records of the Board of Trustees; therefore,
such documentation will be brought before the Board of Trustees
at that time.
An environmental site assessment of the property will be provided
by DC prior to closing.
In the event DC is not able to place the facilities into immediate
use or determines that deferral of use should occur, DC agrees
to pay the United States Department of Education for each month
of nonuse beginning 12 months after the date of the deed into
the Board of Trustees, or 36 months if construction or major renovation
is contemplated. The monthly amount to be paid will be equal
to 1/360 of the current fair market value of the property at the
time the payment is due.
This acquisition is consistent with section 187.201(07), F.S.,
the Public Safety section of the State Comprehensive Plan.
(See Attachment 5, Pages 1-5)
RECOMMEND APPROVAL
Item 6
Charles River Laboratories, Inc. Lease Revocation
DEFERRED FROM APRIL 15, 1997 AGENDA
REQUEST: (1) Approval to seek immediate revocation of sovereignty
submerged land leases, termination of monkey breeding operations,
and removal of all monkeys and structures on two islands on account
of breach of the Settlement Agreement in the case of Charles
River Laboratories, Inc. v. Board of Trustees of the Internal
Improvement Trust Fund, Case No. 86-190-CA-13, 16th Judicial
Circuit Court; and (2) approval of instituting further proceedings
for trespass, eviction, environmental violations, and natural
resources damages.
COUNTY: Monroe
Board of Trustees
Agenda - April 29, 1997 Page Six
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Item 6, cont.
LOCATION: Key Lois and Raccoon Key
STAFF REMARKS: Charles River Laboratories, Inc. (CRL)
and the Board of Trustees of the Internal Improvement Trust Fund
(BOT) resolved the above circuit court case, which CRL filed as
a quiet title action, by entry of a Settlement Agreement and Consent
Final Judgment on September 14, 1992. The Settlement Agreement,
which incorporates two Consent Orders entered in 1988,
required CRL to fully restore the vast damage to mangroves and
other vegetation caused by the company's rhesus monkey breeding
operations on the two islands; prohibited CRL from causing or
allowing further damage to the islands; required CRL to exclude
monkeys from the shoreline and certain areas of the islands by
way of chain link fences; required CRL to monitor for and meet
water quality standards; required the company to obtain all necessary
governmental permits for its structures on the islands; required
and authorized leases for use of sovereignty submerged lands;
and provided deadlines for phasing out free-ranging monkeys, ceasing
operations and removing all monkeys and structures, and conveying
the uplands of the islands to the BOT (Key Lois) and the U.S.
Fish and Wildlife Service (Raccoon Key).
The restoration work is long overdue, and the failure of CRL to
perform any meaningful restoration has allowed substantial erosion
and loss of shoreline to occur. Significant new damage to vegetation
on the islands continues to occur, and CRL appears unwilling or
unable to restrict the movement of free-ranging monkeys about
and beyond the islands by electrified fences or other means.
Water quality violations have been detected on the islands by
CRL, and more recently by Department of Environmental Protection
inspectors. CRL failed to apply for and obtain county permits
for all structures on the islands. The Department of Community
Affairs successfully challenged the issuance of county permits
to CRL on account of inconsistency with the Monroe County Comprehensive
Plan and land development regulations, which challenge was forged
into a Final Order by unanimous vote by the Florida Land and Water
Adjudicatory Commission (FLAWAC) on March 11, 1997. A final order
by the Florida Game and Fresh Water Fish Commission (FGFWFC) is
also pending on CRL's legal challenge to FGFWFC's efforts to accelerate
removal of free-ranging monkeys from the islands.
On November 4, 1995, the BOT filed a Motion to Enforce Consent
Final Judgment in the circuit court action. CRL engaged the BOT
in rounds of settlement discussions, effectively delaying progress
in the enforcement proceedings. Upon rejecting CRL's most recent
settlement offer for the BOT to purchase CRL's diminishing interest
in title to the uplands of the islands for five million dollars,
the BOT set the Motion to Enforce for a three day hearing beginning
July 9, 1997.
The BOT entered into the Consent Final Judgment, agreeing to a
generous phase-out of the free-ranging monkeys (June 15, 2003
for Key Lois, June 15, 2008 for Raccoon Key), on the basis that
no further damage to the islands would occur, the restoration
work would be performed in a timely and workmanlike fashion, and
that all necessary permits had been or would be obtained. Continuing
to allow monkeys to roam the islands will only allow further vegetative
destruction and shoreline erosion and will not permit successful
restoration of the islands. Construction of additional cages
on the islands to confine the remaining free-range monkey population
does not appear to be a viable option, given FLAWAC's recent ruling
that such structures are illegal and unpermittable. The most
sound option, then, would be to seek immediate termination of
monkey breeding operations and removal of all monkeys and structures.
(See Attachment 10, Pages 1-31 submitted April 15, 1997)
RECOMMEND APPROVAL