|
AGENDA
BOARD
OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND
MARCH
25, 2003
*******************************************************
Item 1 U. S.
Army Corps of Engineers/Dixie County Public
Easement
DEFERRED FROM THE JANUARY 28, 2003
AGENDA
REQUEST:
Consideration of an application for (1) a 22.72 acre, more or
less, public easement for a dredged federal navigation channel
granted to the local sponsor, Dixie County; (2) authorization for
the severance of approximately 112,000 cubic yards of sovereignty
material; (3) authorization to construct an approximately
400-foot-long bulkhead and minimum spoiling on approximately 0.3
acres of sovereignty submerged lands; and (4) a public easement
granted to Dixie County to spoil on approximately 17.5 acres of
sovereignty submerged lands and placement of wave-energy attenuating
artificial reef structures.
COUNTY:
Dixie
Application No.
15-187373-001-EI
APPLICANT: U.S.
Army Corps of Engineers
(Local Sponsor: Dixie
County)
LOCATION:
Sections 23, 35, and 36, Township 13 South, Range 11 East, in
the Gulf of Mexico and the Suwannee River, Class II and III Waters,
near the town of Suwannee
Aquatic Preserve: Yes, Big Bend Seagrasses
(navigation channel excluded), Resource Protection Area
3
Outstanding Florida Waters:
Yes
Designated Manatee County:
No
Manatee Aggregation Area:
No
CONSIDERATION:
No fees are required for public easements at this time. The project qualifies for a
waiver of the severance fee pursuant to section 253.03(10),
F.S.
STAFF REMARKS:
The applicant is proposing to maintenance dredge McGriff Pass
(a/k/a Wadley Pass), a federally authorized navigation channel
leading into the Gulf of Mexico from the mouth of the Suwannee
River. The channel is
approximately 2.5 miles long and is to be maintained with a design
depth of 6 feet mean low water and a width of 75 feet. The navigation channel
requires a public easement.
Due to federal rules, the applicant states that they cannot
be the easement holder, and that the local sponsor for the project
would be the responsible entity. If the project is approved
by the Board of Trustees, a public easement will be prepared in the
name of Dixie County, the local sponsor. The maintenance dredging
will sever approximately 112,000 cubic yards of sovereignty
material. A hydraulic
dredge will be used to excavate the material. Within the channel, the
dredging will eliminate approximately 2.25 acres of scattered rubble
and 0.25 acres of exposed oyster beds. Also, a 0.5-acre area of
sparse seagrasses (Halodule wrightii) is located within the channel
limits. The applicant
states that the seagrasses will not be dredged and will be marked
prior to dredging by the Suwannee River Water Management District
(SRWMD). The McGriff
Pass channel is a federally authorized navigation channel and
therefore is excluded from the aquatic preserve pursuant to section
258.40(2), F.S.
The applicant is proposing to place the severed
material over the sovereignty submerged lands surrounding the
shorelines of two existing natural islands; Little Bradford and Cat
Islands, located in the Gulf of Mexico. Both islands are located
within the Big Bend Seagrasses Aquatic Preserve. Little Bradford Island is
part of the Lower Suwannee National Wildlife Refuge and is managed
by the US Fish and Wildlife Service (USFWS). Cat Island is a
privately-owned upland island.
Both islands contain historic resources that are being
exposed due to ongoing erosion of the island shorelines. The historic resources
include human burials, ceramic sherds and flakes. Both islands are recorded
archaeological sites (8DI29 and 8DI32) with the Department of State,
Division of Historical
Resources.
Board
of Trustees
Agenda - March 25, 2003
Page
Two
**********************************************************
Item 1, cont.
On January 28, 2003 the Board of Trustees deferred
consideration of this item to the March 25, 2003 Cabinet
Meeting. The Department
of Environmental Protection (DEP) and the applicant are currently
working to address the spoil disposal issue. DEP recommends deferral of
this item to the May 13, 2003 Cabinet Meeting to allow sufficient
time for the parties to explore alternative disposal options.
RECOMMEND
DEFERRAL TO THE MAY 13, 2003 CABINET
MEETING
***********************************************************
Item 2
Broward County Public Easement/Consent of Use/Survey
Waiver
DEFERRED FROM THE JANUARY 28, 2003
AGENDA
DEFFERED FROM THE NOVEMBER 26, 2002
AGENDA
REQUEST:
Consideration of an application for (1) a five-year
sovereignty submerged lands public easement containing 108 acres,
more or less, for a proposed borrow site; (2) a consent of use for
placement of 935,000 cubic yards of sand for beach nourishment; and
(3) a waiver of survey
requirement.
COUNTY:
Broward
Application No.
0163435-005-JC
Easement No. 40055; BOT No.
060225996
APPLICANT:
Broward County (Beach Nourishment - Segment II)
LOCATION: Beach
nourishment at Pompano Beach from R-36 to R-43 and at
Lauderdale-By-The-Sea and northern Fort Lauderdale from R-51 to
R-72, and Borrow Area I off-shore of Deerfield Beach, in the
Atlantic Ocean, within the jurisdiction of Broward
County
Aquatic Preserve:
No
Outstanding Florida Waters: No
Designated Manatee County: Yes, without an approved
manatee protection plan
Manatee Aggregation Area:
Yes
Manatee Protection Speed Zone: No
CONSIDERATION:
No fees required for public easements at this
time.
STAFF REMARKS:
The applicant is proposing to dredge 1,724,000 cubic yards of
sovereignty material to obtain sand for beach nourishment. The sand will be disposed on
the dry and wet portions of the beach. The Broward County Beach
Nourishment project consists of two separate projects (or
segments). Segment II
is located between Hillsboro Inlet and Port Everglades Inlet. Segment III is located
between Port Everglades Inlet and the Dade County line. The Department of
Environmental Protection (DEP) has already issued an Intent to
Authorize the borrow sites, beach nourishment, artificial reefs,
groins, and jetty spur associated with Segment III pursuant to the
Delegation of Authority for use of sovereignty submerged lands. This action was initially
petitioned by Cry of the Water. However, the petition was
withdrawn after the County agreed to the following: (1) the
transplantation of corals as a part of mitigation plan would be
conducted within segments, not between segments; (2) the Monitoring
Program in Segment III will include areas of specific concern of the
groups; and (3) dune vegetation would be allowed to be planted in
the appropriate portions of the project. In addition, DEP recommends
that construction of the Segment II project be delayed and
commencement be conditioned upon the results of one year of monthly
sedimentation and turbidity monitoring in select areas of high
scleractinian coral cover and larger sized colonies in Segment
III. Based upon the
monitoring of these areas in Segment III, DEP
would
Board
of Trustees
Agenda - March 25, 2003
Page
Three
*********************************************************
Item 2, cont.
determine the likelihood for adverse impacts to the
similar areas in Segment II, and recommend possible modifications
and/or conditions to avoid or minimize impacts. All activities in the
Segment II project would normally be authorized pursuant to the
Delegation of Authority, but the entire project is being brought
before the Board of Trustees because of heightened public concern.
Pursuant to section 18-21.011(3)(c), F.A.C., a waiver
of the dredge fees may be granted if the materials are placed on
public property and used for public purposes, or if the dredged
material has no economic value. The dredged material from
Borrow Area I is beach-quality sand that will be placed on the beach
to offset the impacts of accelerated erosion, maintain a
recreational beach, restore and maintain marine turtle nesting
habitat, and provide storm protection to upland properties. An
erosion control line has been or will be established to retain state
ownership of the restored portion of the
beach.
DEP's staff of the Bureau of Beaches and Wetland
Resources was concerned about possible impacts to nearshore
hardbottom communities.
These concerns were also raised by environmental interest
groups (Reef Keepers and Cry of the Water). After an extensive impact
minimization process, the applicant made several revisions to the
design berm in order to reduce the extent of fill, and thereby
reduce impacts to nearshore hardbottom communities. Overall, the
Segment II project, as initially proposed in 1999, has been reduced
from 1.8 million cubic yards to 935,000 cubic yards, and hardbottom
impacts have been reduced from approximately 15 acres to 6 acres of
gross hardbottom impact, which includes interstitial sand patches.
Staff was also concerned about the impact to harbottoms adjacent to
the borrow area from the sedimentation associated with the use of a
hopper dredge. The
severity of this impact was substantially reduced by incorporating a
borrow area rotation plan that halts dredging at a given borrow area
before the sedimentation can accumulate beyond naturally occurring
levels. This will incorporate monitoring for stress thresholds of
the organisms.
The Town of Deerfield Beach expressed concerns about
using Borrow Area I because they felt it would increase erosion on
the beach within its jurisdiction. A group called Save Our
Shoreline echoed these concerns. The Town of Hillsboro Beach
expressed similar concern about Borrow Area II. The Town of Deerfield Beach
commissioned a wave study by an independent consultant that modeled
the physical impacts from excavating borrow areas I and II. DEP's and the applicant's
coastal engineers reviewed the study and concluded that excavating
the borrow area may indeed increase erosion, but not to any
significant extent.
However, the permit would require an enhanced physical
monitoring program for these parts of the shoreline, and in case of
any accelerated erosion, Broward County would repair the damage.
Because of the inherent public purpose of this
project, in lieu of requiring the applicant to perform a survey of
the easement area, DEP's procedures for public easements allow for
expediting completion of an application by providing a sketch and a
metes and bounds legal description of the borrow area. Therefore, DEP recommends
approval of the survey waiver.
The recommendations of the Florida Fish and Wildlife
Conservation Commission (FFWCC), Office of Environmental Services,
Bureau of Protected Species Management, regarding protection of
manatees and marine turtles have been addressed in the draft permit
as specific conditions.
The project was revised to avoid impacts to seagrasses. Unavoidable impacts to
hardbottoms will be offset with mitigation. A Notice of Application was
published in the Sun Sentinel on January 12, 2000.
Broward County is a Designated Manatee County without
an approved manatee protection plan. FFWCC stated the County is
making significant progress toward adoption of a plan. Although, beach nourishment
projects such as this generally do not pose a significant threat to
manatees, the permit will include the standard manatee protection
conditions.
Board
of Trustees
Agenda - March 25, 2003
Page
Four
******************************************************************************
Item 2, cont.
Section 163.3194(3)(b), F.S., in summary, states that
the local development approved or undertaken by a local government
shall be consistent with the adopted plan. In a letter dated September
29, 1999, Broward County declared that this project is consistent
with the state-approved comprehensive
plan.
RECOMMEND
DEFERRAL
********************************************************
Item 3
Delegation of Authority to Approve Upland
Easements
DEFERRED FROM THE JANUARY 28, 2003
AGENDA
REQUEST:
Authorization to expand the Department of Environmental
Protection, Division of State Lands' delegation of authority to
approve upland easements to private entities from one quarter acre
or less in size to ten acres or less in
size.
COUNTY:
Statewide
APPLICANT:
Department of Environmental Protection (DEP), Division of
State Lands (DSL)
STAFF REMARKS:
Under current delegations of authority, DSL staff can issue
or modify upland
easements to public entities regardless of size. The authority to approve
upland easements to private entities is limited to easements
one-quarter acre or less in size unless: (1) the easement is being
granted or modified as part of the acquisition of a parcel of land
and such easement or modification is necessary to formalize a
pre-existing use; or (2) the purpose of the easement is to provide
services for state-owned facilities. Staff is requesting that the
current acreage threshold for approving private easements under
delegation of authority be increased from one-quarter acre to ten
acres. Easement
requests require an estimated average of 16 hours of staff time to
process through the agenda cycle. This 16 hours includes two
hours initial preparation time; six hours internal DEP review time;
and four hours each for Cabinet Aides and Cabinet meetings. This
figure pertains only to the staff person assigned to process the
request and does not take into consideration the time spent by other
staff, senior management, Cabinet Aides, or Cabinet members, who
also must review the request as it moves through the agenda
process.
Since January 1, 1998, 39 easements have been
presented to the Board of Trustees for approval. To date, none have been
denied. One
access/utility easement application at Cayo Costa State Park was
withdrawn pending staff efforts to negotiate a land exchange. Twenty-seven of these
requests, or 69 percent, would not have required Board of Trustees'
approval if the delegation of authority for easements was ten acres
or less in size.
Controversial applications, such as the Cayo Costa State Park
application, will continue to be submitted for Board of Trustees'
approval. Staff
believes that the time saved by processing these requests under
delegation of authority would be more productively spent handling
more critical ownership and environmentally sensitive
issues
DEP staff will provide to the Governor and each
Cabinet Member ten days advance notification of any easement to be
approved under the delegation.
Unless objections are received within the ten-day period, DEP
staff will proceed with final
approval.
RECOMMEND
WITHDRAWAL
Board
of Trustees
Agenda - March 25, 2003
Page
Five
**********************************************************
Item 4
BOT/Board of Education Sale of State-Owned Land/Carolyn
Yoder
DEFERRED FROM THE JANUARY 28, 2003
AGENDA
REQUEST:
Consideration of a request by the Florida Board of Education
for the Board of Trustees to sell a 28.17-acre parcel of state-owned
land in Calhoun County to Carolyn
Yoder.
COUNTY:
Calhoun
Deed
No. 40091
APPLICANT:
Carolyn Yoder
LOCATION:
Section 22, Township 02 North, Range 08
West
CONSIDERATION:
$88,000 to be deposited in the Institute of Food and
Agricultural
Sciences Relocation and Construction Trust
Fund
APPRAISED BY
Chandler
APPROVED
CLOSING
ACRES
04/25/02
VALUE
DATE
28.17
$88,000
$88,000
120 days after BOT approval
STAFF REMARKS:
The subject property is located in Blountstown and was
purchased by the Board of Trustees from Steve and Carolyn Yoder in
December 1989 for $35,000.
The property was purchased on behalf of the University of
Florida Institute of Food and Agricultural Sciences (UF/IFAS) to
operate and maintain an aquaculture demonstration farm and
educational facility.
Programs at this facility address alternative species for
production, marketing, and pond management for several fish types
and aquatic plants.
Funding for this property was appropriated by the 1988
Legislature to the Florida Board of Regents acting on behalf of
UF/IFAS. Chapter
90-148, Laws of Florida, authorized the Board of Regents, with the
approval of the Board of Trustees, to sell, trade, or exchange state
agricultural research and education property, deposit the funds in
the Institute of Food and Agricultural Sciences Relocation and
Construction Trust Fund, and apply the funds to the relocation and
construction of new agricultural research facilities. The powers and duties of the
Board of Regents have now been transferred to the Florida Board of
Education (BOE) under provisions of subsection 1000.01,
F.S.
Improvements on the property consist of a steel frame
utility building, which is a covered storage area containing 1,830
square feet, and another covered storage area containing 3,622
square feet. In
addition, there is a single-wide mobile home located near the
southeast corner of the site.
Approximately 15 man-made ponds ranging from 0.40 acre to
2.00 acres exist on the property and the vast majority of the ponds
are dry or extremely low.
As a result of a study performed by UF/IFAS "The
Effectiveness of the Organizational Structure of the University of
Florida Institute of Food and Agricultural Sciences", it was decided
to be in the best long-term interests of UF/IFAS to consolidate
programs located throughout the state. UF/IFAS determined it to be
cost-effective to move the demonstration farm programs and equipment
to the Gainesville campus and sell the property in Calhoun
County. The University
of Florida Board of Trustees, at its June 13, 2002 meeting, approved
the surplusing and selling of the 28.17 acres. The Florida Board of
Education subsequently approved the same at its August 27-28, 2002
board meeting.
Pursuant to section 253.034(6)(f), F.S., in reviewing
lands, the Acquisition and Restoration Council (ARC) shall consider
and recommend whether the lands would be more appropriately owned or
managed by Calhoun County or other unit of local government in which
the land is located.
ARC shall recommend to the Board of Trustees whether a sale,
lease or other conveyance to a local government would be in the best
interests of the state and local
Board
of Trustees
Agenda - March 25, 2003
Page
Six
********************************************************
Item 4, cont.
government. At its October 23,
2002 board meeting, ARC recommended that the UF/IFAS Calhoun County
property be surplused and sold.
Randall C. Chandler of Chandler and Associates, Inc.,
appraised the property on April 25, 2002 and estimated the market
value of the property at $88,000. Mr. Chandler provided an
opinion that the property's highest and best use would be Rural
residential/Agriculture and that continued use as an aquaculture
facility is not considered economically feasible. Carolyn Yoder, one of the
original owners, offered to purchase the property back from the
Board of Trustees at the current appraised value of $88,000, which
is $53,000 more than what the Board of Trustees paid for the
property in 1989. The
surrounding properties of the 28.17-acre parcel are mostly
family-owned property (Yoder's). Pursuant to the provisions
of Rule 18-2.020(2)(b), F.A.C., disposal of surplus land shall be
competitively bid except that parcels 5 acres or less in size or
with a market value of $100,000 or less may be sold by an reasonable
means, including open or exclusive listing with real estate sales
services, competitive bid, auction, and negotiated direct
sales.
In accordance with section 253.111, F.S., Calhoun
County was notified of the availability of the property and did not
express any interest in obtaining the property. Additionally, pursuant to
section 253.034(6)(f), F.S., such lands shall be offered to the
state, county, or local government for a period of 30 days. Since no governmental
agencies expressed interest in the subject property, the property
therefore became available for sale on the private market.
Pursuant to section 253.115(1), F.S., property owners
within 500 feet of the subject property were notified of the sale
and no responses were received with the exception of Carolyn
Yoder.
No other serious offers or inquiries were made for
this property.
Therefore, staff is of the opinion that the property should
be sold to the original property owner (Carolyn Yoder) at the
appraised value of $88,000.
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 surplus land sales are
not subject to the local government planning
process.
RECOMMEND
WITHDRAWAL
*******************************************************
Item 5
Chapman Exchange/Determination/Werner-Boyce Salt Springs
State Park Project/Etoniah/Cross Florida Greenways Project
Areas
DEFERRED FROM THE JANUARY 28, 2003
AGENDA
REQUEST:
Consideration of (1) a determination that pursuant to Article
X, section 11 of the Constitution of the State of Florida, the
exchange of a 103.26-acre parcel of sovereignty submerged lands is
in the public interest; and (2) an exchange agreement under which
the Board of Trustees would convey a 103.26-acre parcel of reclaimed
lake bottom land to David Chapman in exchange for two parcels
consisting of 5.67 and 117.8 acres of land in the Werner Boyce and
Etoniah/Cross Florida Greenways Projects currently under contract
for purchase by David Chapman.
COUNTIES:
Glades, Pasco and Putnam
APPLICANT:
David Chapman
Board
of Trustees
Agenda - March 25, 2003
Page
Seven
********************************************************
Item 5, cont.
LOCATION:
Section 23, Township 40 South, Range 32 East; Section 21,
Township 25 South, Range 16 East; and Section 02, Township 11 South,
Range 24 East
CONSIDERATION:
Value-for-Value (with $42,000 to be deposited into the
Internal Improvement Trust Fund)
APPRAISED BY
String
Clayton
Banting
APPROVED
EXCHANGE
CLOSING
PARCEL
ACRES
07/09/02
10/04/02
02/21/02
VALUE VALUE DATE
(1)Chapman
5.67
$155,000
$155,000
$142,000
90 Days
(2)Chapman
117.80
$178,000
$178,000
+$176,000
After BOT
$318,000
Approval
(3)BOT
103.26
$360,000
$360,000
$360,000
STAFF REMARKS:
The Department of Environmental Protection (DEP), Division of
State Lands (DSL) received a request from David Chapman to exchange
two parcels of land within the Werner-Boyce and Etoniah/Cross
Florida Greenways projects for a parcel of Board of Trustees' land
in the Water Control District along the northern bank of the L-50
Canal, near the intersection of County Road 721 and State Road
78.
The Board of Trustees' parcel is not under lease to
any agency or individual; however, the parcel is subject to a Board
of Trustees' easement (No. 27980) for the construction and
maintenance of an access road and utilities. The easement is for a period
of 50 years commencing on July 17, 1991, and ending on July 16,
2041, with no option for renewal. The easement was issued to Donald
Fream and Joyce Fream, Mildred Click, James S. Click, Jr., Gerald
Smith and Joyce Smith and has been assigned, with approval by the
Bureau of Public Land Administration, to Robert Bianco. Robert Bianco owns the
property to which the easement provides access.
The property is located within the South Florida Water
Management District (SFWMD) Comprehensive Everglades Restoration
Plan area. Mr. Henry
Dean, Executive Director of SFWMD, has reviewed the proposal and
does not object to the exchange provided SFWMD is provided
sufficient interest in this property as well as a nearby state-owned
parcel for the location of aquifer storage and recovery (ASR) wells
and related facilities.
DSL is preparing a lease, under an existing delegation of
authority, to SFWMD for this nearby parcel that is currently
unmanaged.
Chapter 7861, Laws of Florida, Acts of 1919,
specifically authorizes the sale of reclaimed lake bottom. Article X, section 11 of the
Constitution of the State of Florida states, in part, that sale of
sovereignty submerged lands may be authorized by law, but only when
in the public interest.
Staff believes that the conveyance is in the public interest
because: (1) the land
has been permanently reclaimed and is not likely to return to its
natural submerged state; (2) the parcel is too small and constrained
to be effectively managed; and (3) the parcels that will be conveyed
to the state are both on current acquisition lists and would enhance
other property owned by the Board of
Trustees.
Parcel one is primarily pine flatwoods and will
provide the land necessary to enhance the future design capabilities
for public uses and facilities at the Werner-Boyce Salt Springs
State Park. The
Werner-Boyce Salt Springs State Park project has been identified on
the DEP, Division of Recreation and Park's Additions and Inholding
List.
Parcel two is a part of the Etoniah/Cross Florida
Greenway project, though, partially logged and planted in pine, has
a large expanse of flatwoods, sandhills, and scrub in central Putnam
County, which extends to the Cross-Florida Greenway along the
Oklawaha River. This
parcel is important for the survival of many kinds of wildlife and
plants. The greenway
itself is a unique strip of land for recreation and conservation
that makes a cross-section of the
peninsula
Board
of Trustees
Agenda - March 25, 2003
Page
Eight
*********************************************************
Item 5, cont.
from the Withlacoochee River to the St. Johns
River. Public
acquisition of the Etoniah/Cross Florida Greenway project will
conserve the Putnam County land as well as fill in gaps in the
Greenway, ensure that wildlife such as Florida black bear and scrub
jays and plants such as the Etoniah rosemary will have areas in
which to live, and provide recreation for the public ranging from
long-distance hiking trails to fishing, camping, and
hunting.
The Board of Trustees' deed will include reservations
related to the Everglades Drainage District as required by section
5, chapter 7861, Laws of Florida, Acts of 1919. Since the Florida
Legislature imposed this reservation and did not give the Board of
Trustees the authority to release it, it is the opinion of DEP's
Office of General Counsel that only the Florida Legislature can
remove the reservation.
The state-owned land to be exchanged consists of
approximately 103.26 acres located along the south side of County
Road 721. This land is
accessible via a county-maintained right-of-way. The exchange agreement is
contingent upon David Chapman acquiring title to the two
privately-owned parcels consisting of 123.47
acres.
According to section 253.03, F.S., the Board of
Trustees has authority to dispose of all lands owned by the state by
right of its sovereignty.
A review of previous Board of Trustees' actions on the
conveyance of reclaimed lake bottom lands indicated that most of the
sales were negotiated based on the appraised value of the reclaimed
lands to be purchased.
In accordance with section 253.115, F.S., property
owners within 500 feet of the subject property were notified of the
proposed exchange. DEP
received one objection to the exchange from adjacent property owner
Mr. James Click. Mr.
Click objected because he claims to have run cattle on the
state-owned property for years and he indicated he had authorization
from the Board of Trustees to do so. After diligent research by
staff and repeated requests to Mr. Click, no documentation has been
produced. Further, Mr.
Click apparently sub-leased cattle grazing rights on the state-owned
property to a third party.
In an effort to resolve this issue, Mr. Chapman met with the
third party and agreed to allow him to graze on other property owned
by Mr. Chapman.
On October 8, 2002, DEP brought a similar item before
the Board of Trustees for its approval. This item was a request for
a land exchange agreement under which the Board of Trustees would
convey the same 103.26-acre parcel of reclaimed lake bottom,
included in this agenda item, to David Chapman in exchange for
111.80 acres of land in the Wekiva-Ocala Greenways project
area. The Board of
Trustees denied staff's recommendation of approval. The discussion
by the Board of Trustees addressed concerns regarding the need for
Everglades Restoration program water storage for the surrounding
area and the possible need for and use of ASR wells on the subject
property. This new
exchange proposal is being presented based upon the SFWMD's
additional review of this site and its determination that nearby,
state-owned sites will provide sufficient storage capacity if
necessary. In addition,
Mr. Chapman has agreed that, prior to closing, the state will place
a 100-foot easement around the perimeter of the exchange site and an
easement over an entire five acres in the southeastern corner of
this site to the SFWMD as part of this exchange agreement. These easements will allow
the SFWMD to place ASR wells on the easement areas of the exchange
site for water storage purposes. With this exchange the state
will also receive 11.67 acres of additional land over the previous
exchange proposal.
Mr.
Chapman's representative indicated at the Cabinet Aides meeting on
January 22, 2003, that Mr. Chapman may not want to hold title to the
five-acre easement area referred to above. In the event Mr. Chapman
does not want title to this area, the exchange agreement will be
modified by staff and the five-acre parcel will be retained by the
Board of Trustees and leased to the SFWMD. This reduction in acreage may affect the exchange value
of the Board of
Board
of Trustees
Agenda - March 25, 2003
Substitute Page
Nine
*******************************************************
Item 5, cont.
Trustees' parcel and thus could reduce or eliminate
the cash exchange payment received from Mr.
Chapman.
A consideration of the status of the local government
comprehensive plan was not made for this item. DEP has determined that the
disposition of land is not subject to the local government planning
process.
RECOMMEND
WITHDRAWAL
********************************************************
Substitute Item 6
Broward County Option Agreement/Parkland Greenway Enhancement
Greenways and Trails Florida Forever
Project
REQUEST:
Consideration of an option agreement to acquire 6.08 acres
within the Parkland Greenway Enhancement Greenways and Trails
Florida Forever project from Broward
County.
COUNTY:
Broward
LOCATION:
Section 02, Township 48 South, Range 41
East
CONSIDERATION:
$487,500 (Board of Trustees' 50 percent share of the total
purchase price of $975,000)
APPRAISED BY
SELLER'S
TRUSTEES'
Autrey
Miller
APPROVED
PURCHASE
PURCHASE
OPTION
PARCEL
ACRES
(10/24/01)
(12/19/01) VALUE PRICE PRICE
DATE
Emmer/Grass
6.08
$1,055,000
$1,115,000
$1,115,000
$975,000*
$487,500** 120
days after
(44%) BOT
approval
*
Broward County purchased the property on 01/06/03.
**
$80,181 per acre for Trustees' purchase price / $160,362 per
acre for total purchase price
STAFF REMARKS:
The Parkland Greenway Enhancement Greenways and Trails
project has been identified on the Department of Environmental
Protection's (DEP) Office of Greenways and Trails' (OGT) Florida
Forever approved acquisition list. This acquisition was
negotiated by the Division of State Lands on behalf of OGT under the
Florida Forever Greenways and Trails program. The project contains 6.08
acres. After the Board
of Trustees approves this agreement, the project will be
complete. Title to the
property will vest 100 percent in the Board of
Trustees.
All mortgages and liens will be satisfied at the time
of closing. On June 22,
1999, the Board of Trustees approved a staff recommendation to
delegate to DEP the authority to review and evaluate marketability
issues as they arise on all chapter 259, F.S., acquisitions and to
resolve them appropriately.
Therefore, DEP staff will review, evaluate and implement an
appropriate resolution for any title issues that arise prior to
closing.
A title insurance policy, a survey, and an
environmental site assessment will be provided by the seller. The purchaser will reimburse
the seller 50 percent of the cost of these products at
closing.
The Parkland Greenway project is located within the
City of Parkland (City), in northwest Broward County, approximately
15 miles west of Ft. Lauderdale. The subject property is one
of the few remaining parcels of natural undeveloped land with the
City. The City's
population has nearly quadrupled in the last 10 years, making this
one of the fastest growing cities in Florida. The subject property is
surrounded on three sides by the Parkland Greenway, an existing
10-mile trail system that links to the City-managed Forman
Wilderness Preserve to the north. It consists of approximately
1.4 acres of wetlands.
Acquisition of the property will create a more manageable
boundary by connecting the trails that surround the property
on
Board
of Trustees
Agenda - March 25, 2003
Substitute Page Ten
********************************************************
Substitute Item 6,
cont.
three sides and thus establish it as a keystone piece
within the system. In
addition, this property will provide an area of open space that
could provide picnic facilities and covered pavilions to enhance the
trails surrounding the site.
Recreational activities planned for this site include hiking,
running, bicycling and horseback riding. A boardwalk will be
established around the wetland area to provide birding and nature
study opportunities.
According to Broward County's application for this
acquisition: This project is critical to the connectivity of the
trails in the immediate area and this site will ensure that the
greenway remains "green."
Development of a commercial plaza immediately to the south of
the project is currently under construction as is residential
development north of the Forman Preserve. In addition, the hydrology
of the swamp has been altered and efforts will be made to restore
the water storage capacity of the wetlands portion of the site. This restoration will result
in increased surface water retention and flood prevention for the
immediate area.
Additionally, preventing development and impervious surfaces
from occurring on the site will result in increased groundwater
recharge following precipitation events.
This parcel is included in the Broward County
Conservation Land and Greenspace Inventory, and is comprised of a
cypress swamp adjacent to a remnant pine flatwood. The wetlands will be
restored and the existing exotic species will be removed and the
site re-planted with native vegetation. Funds for this restoration
will be provided to the City, the proposed manager, from Broward
County. The site
provides nesting opportunities for several bird species and habitat
for a small population of mammals such as the raccoon, opossum, and
gray fox.
By providing public access to the multi-use
recreational opportunities available in the adjacent Parkland
Greenway trails, this acquisition furthers the mission of OGT, which
is "To facilitate the establishment of a statewide system of
greenways and trails that provides all Floridians and visitors
public access to a greenway or trail within 15 minutes of their
home, workplace, or tourist
destination."
OGT will be the interim manager of the property with
the City's Parks and Recreation Department as the long-term
manager.
OGT's Application
Process
Applicants apply for OGT's 1.5 percent annual
allocation of Florida Forever funding through a competitive
application process.
The applicants must meet criteria specified by chapter 260,
F.S., and detailed by rule in chapter 62S-1, F.A.C. Applications are initially
reviewed and assigned points by OGT staff and biologists and then
forwarded to the Florida Greenways and Trails Council for review and
approval. The council
consists of 21 members as outlined in chapter 260, F.S. At a public meeting, the
council evaluates and ranks the projects before recommending a final
acquisition list. The
list is then forwarded to the Secretary of DEP for final
approval.
In order to be eligible, applicants must present a
willing seller certificate for 80 percent of the ownership and a
willing land manager certificate. Projects are evaluated based
on several factors including their importance and function within
the statewide system; public access; whether the project is part of
a planned phase of an existing or ongoing greenways or trails
project; potential for cost sharing in acquisition, development,
operation or maintenance; location (proximity to other
publicly-owned lands, etc.); type of interest (fee simple, less than
fee, etc.) to be acquired; recreational opportunities to be
provided; and ecological, historical and cultural
features.
Board
of Trustees
Agenda - March 25, 2003
Substitute Page Eleven
********************************************************
Substitute Item 6,
cont.
The Statewide Plan for the Florida Greenways &
Trails System
In 1999, the Florida Legislature adopted the five-year
implementation plan for the Florida Greenways and Trails
System. The broad
vision underlying the plan is summed up in its subtitle, "Connecting
Florida's Communities with Greenways and Trails."
This plan was developed through the work and consensus
of a broad range of groups and stakeholders such as recreational
users, conservation groups and private landowners. The foundation for its
development consists of various legislative actions and efforts that
occurred throughout the more than 20 years prior to its
adoption. OGT is
charged with overseeing implementation of the plan in coordination
with the council.
A key component of the implementation plan includes
the identification and prioritization of the ecological and
recreational opportunity areas throughout the state. These areas have been
identified, mapped and prioritized and are the basis for evaluating
project applications.
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
1-37)
RECOMMEND APPROVAL
********************************************************
Substitute Item
7
Jeffrey Gussoff, Trustee/Zemel Family Purchase
Agreement/Estero Bay Florida Forever
Project
REQUEST:
Consideration of a purchase agreement to acquire 710.74 acres
within the Estero Bay Florida Forever project from Jeffrey M.
Gussoff, as Court-Appointed Trustee for the Zemel
Family.
COUNTY:
Lee
LOCATION:
Sections 08 and 09, Township 46 South, Range 24
East
CONSIDERATION:
$2,633,575 (Board of Trustees' 80 percent share of the total
purchase price of $3,300,000)
APPRAISED BY
SELLER'S
TRUSTEES'
Norris Sutte
APPROVED
PURCHASE
PURCHASE
CLOSING
PARCEL ACRES
(05/06/02)
(07/08/02) VALUE PRICE PRICE
DATE
Zemel Family 710.74
$3,000,000
$3,300,000
$3,300,000
*
$2,633,575** 120
days after
(80%)*** BOT
approval
*
The property was acquired in
1970
** The
total purchase price is $3,300,000 for 710.74 acres, or $4,643 per
acre.
*** A federal grant will be used to fund the remaining
20%.
STAFF REMARKS:
The Estero Bay Florida Forever project is an "A" group
project on the Florida Forever Full Fee Project List approved by the
Board of Trustees on February 25, 2003. This project contains 15,572
acres, of which 9,757 acres have been acquired or are under
agreement to be acquired by the Board of Trustees. After the Board of Trustees
approves this agreement, 5,104.26 acres or 33 percent of the project
will remain to be acquired.
The Estero Bay Preserve-Cow Slough Connection Federal
Grant will be used to fund $666,425, the remaining 20 percent of the
acquisition cost for this parcel. Because
federal
Board
of Trustees
Agenda - March 25, 2003
Substitute Page Twelve
********************************************************
Substitute Item 7,
cont.
funds are being used, all acres within this parcel
will be restricted to the conservation objectives of the grant
program and no change in use or future development can take place
without the consent of the U.S. Fish and Wildlife Service. On March 24, 1998, the Board
of Trustees approved authorization to encumber specific parcels as a
condition of federal grant use. Each acquisition is
contingent upon the Board of Trustees' approval of the respective
acquisition.
All mortgages and liens will be satisfied at the time
of closing. There is a
Florida Power and Light easement and right-of-way, a Florida Cities
Water Company perpetual water easement, and an unused Seaboard Air
Line Railroad right-of-way.
All of these are coextensive, bisecting the property into two
parcels. The appraisers
considered them in their appraisals, and concluded there was no
effect on the value of the property. The parcel has legal access,
with the exception of the northwestern most portion of the property,
which is divided by these easements. The Department of
Environmental Protection's (DEP) Office of Coastal and Aquatic
Managed Areas (CAMA), the future managing agency, has determined
that they will be able to manage the property without legal access
to the northwestern portion.
There is an outstanding one-half interest in oil, gas and
mineral interests on the property. The mineral owners' rights
of entry will be extinguished at closing pursuant to the Marketable
Records Title Act. On
June 22, 1999, the Board of Trustees approved a staff recommendation
to delegate to DEP the authority to review and evaluate
marketability issues as they arise on all chapter 259, F.S.,
acquisitions and to resolve them appropriately. Because these issues were
discovered during preliminary due diligence, further research may
change the facts and scope of each issue and, therefore, DEP staff
will review, evaluate and implement an appropriate resolution for
these and any other title issues that arise prior to
closing
An environmental site assessment will be provided by
the seller prior to closing.
The purchaser will reimburse the seller up to $10,000 of the
environmental site assessment cost. A title insurance policy and
survey will be provided by the purchaser prior to
closing.
The acquisition of this parcel will contribute to a
larger effort of protecting natural lands that connects the
Caloosahatchee River with Estero Bay. Lee County, through its land
acquisition program, is acquiring public lands to the north of this
parcel.
The acquisition of this mangrove fringe and forest,
saltwater and freshwater marsh, pine flatwoods, natural freshwater
lakes and salt flats will improve water quality by reducing
non-point pollution related to residential, agriculture and
commercial upstream sources.
The land will serve as a filtering and buffering zone for
runoff prior to discharge into the estuarine waters of Estero Bay
Aquatic Preserve.
Estero Bay is one of the most productive estuaries in
the state, and is the state's first aquatic preserve, designated in
1966. 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.
Important archaeological remains of the Calusa Indians dot
the area. The Estero
Bay project will protect the bay's water quality, its native plants
and animals, its archaeological sites, and will provide recreational
opportunities to the people of the rapidly growing Fort Myers
area.
This property will be managed by CAMA as an addition
to the Estero Bay State Buffer
Preserve.
This acquisition is consistent with section
187.201(10), F.S., the Natural Systems and Recreational Lands
section of the State Comprehensive
Plan.
(See Attachment 7, Pages
1-46)
RECOMMEND APPROVAL
Board
of Trustees
Agenda - March 25, 2003
Substitute Page Thirteen
********************************************************
Substitute Item 8
Southern Golden Gate Estates/Everglades Restoration Project
Discussion
REQUEST:
A discussion concerning issues between Collier County and the
State of Florida regarding Everglades restoration project within
Southern Golden Gate Estates.
STAFF REMARKS:
The Board of Trustees expressed an interest in meeting with
the Collier County Commissioners to discuss issues between Collier
County (County) and the State of Florida and propose ways to better
work together to insure the successful completion of the Everglades
restoration project within Southern Golden Gate Estates. The Department of
Environmental Protection's Division of State Lands invited the
Honorable Tom Henning, Chairman of Collier County Commission, and
his fellow Collier County Commissioners to participate in the
discussion.
The following questions have been submitted as topics
of discussion:
* Why did the County grant a mining permit to a
landowner whose property is located within an area designated as a
"Critical Project" under the Federal Water Resources Development Act
and then subsequently agree to purchase the landfill from the
landowner?
* What is the status of the County's potential sale of
its interest in the roads within the Southern Golden Gate Estates
area to the Miccosukee Tribe of Indians of Florida? On February 11, 2003, the
Board of Trustees approved the use of eminent domain on all roads
within the Southern Golden Gate Estates area.
* What is Collier County's application process for
approving the cutout or split-out of a parcel identification number
into several separate and newly classified identification
numbers? How long
of a process is this?
What is required from the landowner in order to have this
application approved?
* The state of Florida purchased a number of
structures within the Southern Golden Gate Estates area that are
apparently non-permitted structures. As part of the restoration
plan, these structures are scheduled for demolition. What procedures are needed
in order to prevent the Collier County Code Enforcement Office from
issuing additional Notice of Violation statements and potential
assessment of fines until all the structures can be identified and
demolished?
* In the filing and processing of the eminent domain
court cases, the Chief Judge for Collier County restricted the
number of parcels to a lawsuit and limited the Order of Taking
hearing dates to two days a month. This has prevented a
timely acquisition of those parcels in eminent domain. What are the reasons
additional parcels cannot be added to the lawsuit, and more hearing
dates be allowed by the Court?
If the issue were limitations of staff persons, would the
County be willing to entertain hiring additional staff on a
temporary basis, to be paid by the state, in order to accommodate
the workload?
* What is the County's intention concerning "putting a
hold on a 1999 lawsuit that asks a Judge to declare the public's
right to use the Miller Boulevard extension?" Why not dismiss the
action?
* Would the County be willing to assist with police
and or other code enforcement for garbage and trash disposal? An example is a
landowner in the Belle Meade land owner request zone who currently
uses the roads through Southern Golden Gate Estates to transport and
dump garbage and other debris on this parcel adjacent to state owned
lands in Southern Golden Gate Estates. This action causes
environmental concerns.
RECOMMEND
DEFERRAL OF DISCUSSION
Board
of Trustees
Agenda - March 25, 2003
Substitute Page Fourteen
*********************************************************
Substitute Item 9
Extend Offers/Purchase Tax Deeds/Eminent Domain
Authorization/DOA/ Save Our Everglades Florida Forever Project
(Phase XIII-C)
DEFERRED FROM THE MARCH 13, 2003
AGENDA
DEFERRED FROM THE FEBRUARY 11, 2003
AGENDA
DEFERRED FROM THE JANUARY 28, 2003
AGENDA
REQUEST:
Consideration of a request to (1) authorize the Department of
Environmental Protection's Director of the Division of State Lands,
or her designee, to extend offers and approve the purchase of tax
deeds pursuant to section 259.041(13), F.S., for parcels with an
assessed value of $25,000 or less; said bid not to exceed $50,000;
(2) direct the Department of Environmental Protection to acquire by
the exercise of the power of eminent domain pursuant to the
provisions of chapters 259, 73 and 74, F.S., fee simple title to all
remaining lands within the portion of the Save Our Everglades
Florida Forever project (Phase XIII-C) lying south of I-75,
including any parcel that has not been settled or sent to eminent
domain, even if there is an executed contract that is unable to
close; and (3) delegate authority to the Secretary of the Department
of Environmental Protection, or his designee, to accomplish the
acquisitions as described herein through negotiation or
condemnation, including authority to prepare and execute all
necessary parcel-specific condemnation
resolutions.
COUNTY:
Collier
STAFF REMARKS:
The Save Our Everglades project is an "A" group project on
the Florida Forever Small Parcel Project List approved by the Board
of Trustees on February 25, 2003. That portion of the project
lying south of I-75, commonly referred to as Golden Gate Estates
South, contains 55,247.17 acres, of which 51,785 acres have been
acquired or are under agreement to be acquired, leaving 3,462 acres,
or 6 percent, which are all currently in condemnation
litigation. The Golden
Gate Estates South portion of this project includes the Southern
Golden Gate Estates (SGGE) subdivision and surrounding acreage
tracts bordered by I-75 to the north, US-41 to the south and the
Fakahatchee Strand and Belle Meade Florida Forever projects to the
east and west, respectively.
The Department of Environmental Protection (DEP) is
requesting authority from the Board of Trustees to authorize its
Director of the Division of State Lands (DSL), or her designee, to
extend offers and approve the purchase of tax deeds pursuant to
section 259.041(13), F.S., for parcels with an assessed value of
$25,000 or less; said bid not to exceed $50,000. This would apply to any
properties that have not gone to eminent domain and are offered for
sale for tax deed. This
request is in response to information obtained by DSL indicating
that several private citizens have been seen attending tax deed
sales, placing a bid higher than the current DSL authority,
obtaining a tax deed from the sale, and subsequently making
application to the Collier County Property Appraiser for cut-outs or
split-outs of the newly purchased parcel. The previous one parcel
identification number has become four new identification
numbers. This has
complicated the negotiation process, and the attempt to seek
additional offers from the State of Florida is preventing a full
accounting of the current tax
rolls.
Additionally, the new owners are requesting an offer
on all four parcels which, if allowed to continue, will prevent a
timely conclusion of the project not to mention escalating expense
to the project. DEP has
reviewed the new appraisal information, calculated the maximum
offers on an average parcel within the Southern Golden Gate Estates
area, and has concluded if given the authority to bid an amount
equal to or less than what the owner would be receiving in the
normal offer process, pursuant to the delegated authority granted on
July 11, 2000, the new owners would reconsider purchasing tax
certificates in order to seek personal profit at the state's
expense. This would
allow staff the flexibility to bid to a maximum amount of $50,000,
at the tax deed sales, and would potentially save the state money
where one offer is given verses four offers.
Board
of Trustees
Agenda - March 25, 2003
Substitute Page Fifteen
*******************************************************
Substitute Item 9,
cont.
Public acquisition is essential to continue the
conservation, preservation and restoration of this endangered
portion of the western Everglades ecosystem that is a vital
component of the Comprehensive Everglades Restoration Plan
(CERP). Conserving this
land is critical to the ecosystem in the western Everglades, its
wildlife and the water quality throughout the
area.
In 1996, the hydrological restoration plan was
identified as a "Critical Project" under the Federal Water Resources
Development Act making it eligible for federal funds. The project was subsequently
added to CERP.
The acquisition will allow the restoration of
significant wetlands crucial to the reestablishment of the historic
water flow pattern in the western Everglades. Nearly half of this region's
water flows into Everglades National
Park.
Purchasing this portion of the Save Our Everglades
Florida Forever project will also help preserve and restore the
fresh water flow necessary for maintaining the rich productivity of
Gulf Coast estuaries, such as Rookery Bay and the Ten Thousand
Islands. Moreover, the
timely implementation of the hydrological restoration plan will
restore important habitat for numerous endangered and threatened
species, including the Florida panther, one of the world's most
endangered mammals.
Public acquisition of this portion of the Save Our
Everglades Florida Forever project will preserve a large piece of
South Florida's unique ecosystem. Ultimately, this will
contribute to the formation of a continuous public conservation
corridor extending across South Florida from the Gulf Coast to
approximately ten miles from the Atlantic Ocean. It will help protect the
western Everglades ecosystem from encroachment of residential,
commercial and industrial
development.
History to Date:
On January 23, 2001, the Board of Trustees recognized
that (1) property within the Save Our Everglades Florida Forever
project lying south of I-75 is of special importance to the state;
(2) the acquisition of the land is necessary to protect hydrological
connections among Big Cypress National Preserve, Fakahatchee Strand
State Preserve, and Everglades National Park, and to protect and
restore the Everglades, which is an endangered natural resource of
unique value to the state; and (3) the failure to acquire this
property will result in irreparable loss to the state and seriously
impair the state's ability to manage or protect other state-owned
lands. The Board of
Trustees also recognized that this land is a necessary component of
the Everglades Construction Project. Through a series of actions
by the Board of Trustees over the last two years, DEP has been
directed by the Board of Trustees to acquire by eminent domain over
1,800 parcels of land.
As part of the Everglades Restoration Project, DEP has
committed itself to the acquisition of the Golden Gate Estates South
properties by the end of June 2003 to make the land available to the
South Florida Water Management District (SFWMD). SFWMD's construction project
will restore the land to its natural state in order to restore the
hydrologic conditions in the western Everglades. The roads and canals will be
removed and water flow will be restored across this area in order to
recreate wetlands to benefit the Everglades and restore fresh water
flow to protect coastal
estuaries.
All property must be titled in the State of Florida
before construction within the Golden Gate Estates South area can
begin. It is
anticipated that Congress will be asked in either the spring or fall
of 2003 to approve the construction funding, with construction to
begin in early 2004. We
have used federal funds in a joint participation agreement to
acquire the land. This
Federal
Board
of Trustees
Agenda - March 25, 2003
Substitute Page Sixteen
********************************************************
Substitute Item 9,
cont.
Grant expires on December 31, 2003. All acquisition needs to be
completed by December 31, 2003 in order to assure maximum federal
participation in the acquisition
process.
Time Challenges in Acquiring Remaining
Parcels:
To assure
all land is titled in the State of Florida by the end of 2003, all
lawsuits for eminent domain must be filed by June 15, 2003. This will provide sufficient
time to identify ownership in order to be assured the proper party
is named in the lawsuit or all remaining properties within the
project boundaries are identified. It must be remembered that
roads will need to be abandoned by the county once the state has
acquired all abutting property in order to obtain free and clear use
of the land for the construction project. This will take some time
after title is perfected in order
to provide public notices and hearings on the abandonment. Simply obtaining title does
not complete the litigation.
There is still the trial or mediation process to resolve the
compensation issue. If
these issues need to be closed out by the end of 2003 in order to
obtain maximum federal funding, then the earlier the parcels are put
into litigation, the better chance of timely completion.
The approval by the Board of Trustees is just the
first step in the eminent domain process. Once the approval for the
use of eminent domain is obtained, the files are forwarded to the
Office of the Attorney General. The Attorney General's
Office will conduct title searches. Pleadings must be prepared and
hearing times obtained from the court before the lawsuit can be
served on the appropriate parties. Since many of the owners are
out of state or difficult to locate, notice of the action must also
be published in a local newspaper once a week for two consecutive
weeks. Copies of the
petition are then mailed to the out-of-state defendants. It takes approximately 90
days to assure that proper service and timely notice of the hearing
to acquire title is provided.
The court will most likely not hear an action that is filed
in for three months at the earliest. There are often continuances
granted for these hearings, so there is no assurance that all
hearings would be held within the 90 days. Title does not pass to the
state until a deposit is made into the court registry, which occurs
within 20 days after the court enters its order of
taking.
There is also the issue of clearing the property after
the state obtains title.
Often the court will allow the occupants of the property to
stay on after title passes to the state. This issue is especially
important in the case of homestead or occupied property in order to
allow sufficient time to locate replacement
housing.
As long as there are parcels to be acquired, the state
does not have full control of the project area in order to protect
the land from garbage disposal or environmental degradation. The majority of the property
has been acquired, but any tracts in private ownership reduce the
ability of the managing agency, the Department of Agriculture and
Consumer Services, Division of Forestry (DOF), to control access and
use of the area. The longer the process takes, the more likelihood
that additional people could move into the project area and attempt
to qualify for relocation benefits paid by the state. This relocation process also
takes time.
It is in the best interest of the State of Florida to
move as quickly as possible to obtain title to all parcels within
the Golden Gate Estates South project area for the following
reasons:
* To allow appropriate time to obtain Orders of Taking
and conduct other eminent domain proceedings required to obtain 100
percent ownership of the project area. As of December 31, 2002,
there have been a total of 1842 parcels sent to eminent domain, with
eight more parcels from Phase XII-A being prepared for delivery to
the Attorney General's Office.
1,508 parcels have been purchased by Order of Taking. The remaining 342 parcels
are/will be at different stages of the eminent domain process. At any given time, prior to
the entry of the Order of Taking, it is possible for a landowner to
convey his/her property to a third person, or in the instance stated
above forfeit ownership at a tax deed
sale.
Board
of Trustees
Agenda - March 25, 2003
Page
Seventeen
*********************************************************
Item 9, cont.
* To allow appropriate time to relocate qualified
persons. 34 landowners
and 6 tenants have been moved and relocated, at a cost of
$4,242,530. There are
potentially 3 more owners and 1 more tenant that will need to be
evaluated for benefits.
Any delay in providing eminent domain approval also
encourages the remaining potential relocates to procrastinate in
finding replacement housing and discourages the owner from
completing the necessary negotiations to resolve the issue of
relocation benefits.
* To allow appropriate time to abandon public roads,
rights-of-way or primitive roads and dirt/farm trails within the
project area. The
public roads, rights-of-way or primitive roads and dirt/farm trails
within the project area cannot be vacated or condemned while there
are landowners still in possession of their parcels. The project cannot be
certified in BOT ownership until the roads are
vacated.
* To obtain full management control over the entire
project. There are
several management issues to be considered such as (a) the Managing
Agency will continue to have difficulty implementing its management
plan until all the acreage is in Board of Trustees ownership; (b) Limiting the comings and
goings of citizens vandalizing and destroying mobile homes and other
structures now owned by the state, but not yet cleared from the
properties; and (c) the inability to police the 55,247 acres to
limit individuals from coming onto state owned property, living in
the torn down structures without limiting access to portions of the
project area. As long
as there are landowners in eminent domain or in private ownership,
access must be maintained.
* To prevent continued garbage dumping and other
environmental degradation of the area that is actively occurring in
the area. This is an
ongoing situation that would be handled appropriately through the
implementation of the Managing Agency's management plan, however,
the plan cannot be implemented without full ownership of the
land.
* To prevent private citizens from moving onto
abandoned state-owned parcels with abandoned mobile homes on the
state-owned parcels and living on these parcels in an attempt to
qualify and collect federal relocation benefits at a continuing
financial cost to the acquisition
program.
* To prevent landowners from further constructing,
renovating or building additional un-permitted structures at an
additional land acquisition cost. Or, in the alternative, by
the construction of said structures without permits issued from the
Building and Code Enforcement office for Collier County, the
possibility of additional fines, penalties and other judgments being
placed on the remaining properties, at an additional cost and
payment by the state as part of the land acquisition program for
this project.
* To prevent injury or loss of life to managing agency
personnel by the careless acts of others (i.e. private citizens
growing marijuana on public land as verified in a recent news
report, reports of individuals raising pit pull dogs for fighting
purposes, etc.) while managing that portion of the Golden Gate
Estates South project area in state ownership, pending acquisition
of the remaining acreage.
* To protect the state's vested interest in the
acquisition of the lands to date (i.e. as of December 31, 2002, over
$92 million state and federal acquisition dollars have been
expended). By the time
all the expenses of condemnation, acquisition, administrative costs,
etc., it is estimated the cost of acquisition will reach upwards of
$121 million. Any
delays will only increase the cost of the acquisition and the cost
of the project will escalate to unreasonable figures. The appraised values of the
land also continue to escalate. The 1999 appraised value
began between $500 to $800 per acre in the South of the Border area,
upward to $3,000 an acre in the Boot and the Hole in the
Donut
Board
of Trustees
Agenda - March 25, 2003
Substitute Page Eighteen
********************************************************
Substitute Item 9,
cont.
area. The
current values are reaching $1,400 for South of the Border area
upward to $5,000 an acre in the Boot and the Hole in the Donut
area.
* Finally, to comply with the terms and provisions of
the federal grant and complete the land acquisition process by
December 31, 2003.
Offer Information:
Section 259.041(14), F.S., authorizes the Board of
Trustees, by majority vote of all of its members, to direct DEP to
exercise its power of eminent domain pursuant to the provisions of
chapters 73 and 74, F.S.
Eminent domain may be used to acquire any of the property on
the Florida Forever "A" group project priority list if (1) the state
has made at least two bona fide offers to purchase the land through
negotiation and an impasse between the state and the land owner has
been reached; and (2) the land is of special importance to the state
because (a) it involves an endangered or natural resource and is in
imminent danger of being developed; (b) it is of unique value to the
state and failure to acquire the property would constitute an
irreparable loss to the state; or (c) the failure to acquire the
property would seriously impair the state's ability to manage or
protect other state-owned lands.
The parcels included in Phase XIII-C of the Save Our
Everglades Florida Forever project, and any parcel that has not been
settled or sent to eminent domain, even if there is an executed
contract that is unable to close, lying south of I-75 meet these
criteria.
Portions of this item were originally part of Phase
XII and Phase XII-A.
Portions of Phase XII-A were approved on January 28, 2003,
portions of Phase XII approved on February 11, 2003. The balance of the issues
seeking Board of Trustees' approval has been changed from Phase XII
to Phase XIII-C. DEP is
asking the Board of Trustees consider the issues contained in this
Phase XIII-C as all inclusive of Phases VI, Phase XIII-A and
XIII-B.
The property will be managed by DOF as an addition to
Picayune State Forest.
DEP's Division of Recreation and Parks will manage the
property in the area east of the Faka Union Canal. SFWMD will coordinate the
implementation of the hydrologic restoration project.
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 9, Pages
1-17)
RECOMMEND DEFERRAL
*******************************************************
Item 10
Miccosukee Tribe of Florida/Eminent Domain
Authorization/DOA/Save Our Everglades Florida Forever Project (Phase
VI)
DEFFERRED FROM THE MARCH 13, 2003
AGENDA
DEFFERRED FROM THE FEBRUARY 11, 2003 AGENDA
DEFERRED FROM THE JANUARY 28, 2003 AGENDA
REQUEST:
Consideration of a request to (1) direct the Department of
Environmental Protection to acquire by the exercise of the power of
eminent domain pursuant to the provisions of chapters 259, 73 and
74, F.S., fee simple title to all remaining land within the portion
of the Save Our Everglades Florida Forever project (Phase VI) lying
south of I-75 on which two bona fide offers have been made; and (2)
delegate authority to the Secretary of the Department of
Environmental Protection, or his designee, to accomplish the
acquisitions as
Board
of Trustees
Agenda - March 25, 2003
Page
Nineteen
********************************************************
Item 10, cont.
described
herein through negotiation or condemnation, including authority to
prepare and execute all necessary parcel-specific condemnation
resolutions.
COUNTY:
Collier
STAFF REMARKS:
The Department of Environmental Protection (DEP) is
requesting authority from the Board of Trustees to acquire through
eminent domain the three remaining parcels within the Golden Gate
Estates South area of the Save Our Everglades project, owned by the
Miccosukee Tribe of Florida (Phase VI). The Save Our Everglades
project is an "A" group project on the Florida Forever Small Parcel
Project List approved by the Board of Trustees on February 25,
2003. That portion of
the project lying south of I-75, commonly referred to as Golden Gate
Estates South, contains 55,247.17 acres, of which 51,785 acres have
been acquired or are under agreement to be acquired, leaving 3,462
acres, or 6 percent, which are all currently in condemnation
litigation. The Golden
Gate Estates South portion of this project includes the Southern
Golden Gate Estates (SGGE) subdivision and surrounding acreage
tracts bordered by I-75 to the north, US-41 to the south and the
Fakahatchee Strand and Belle Meade Florida Forever projects to the
east and west, respectively.
These three remaining property tracts are also needed for
construction of the Everglades Construction
Project.
Public acquisition is essential to continue the
conservation, preservation and restoration of this endangered
portion of the western Everglades ecosystem that is a vital
component of the Comprehensive Everglades Restoration Plan
(CERP). Conserving this
land is critical to the ecosystem in the western Everglades, its
wildlife and the water quality throughout the
area.
In 1996, the hydrological restoration plan was
identified as a "Critical Project" under the Federal Water Resources
Development Act making it eligible for federal funds. The project was subsequently
added to CERP.
The acquisition will allow the restoration of
significant wetlands crucial to the reestablishment of the historic
water flow pattern in the western Everglades. Nearly half of this region's
water flows into Everglades National
Park.
Purchasing this portion of the Save Our Everglades
Florida Forever project will also help preserve and restore the
fresh water flow necessary for maintaining the rich productivity of
Gulf Coast estuaries, such as Rookery Bay and the Ten Thousand
Islands. Moreover, the
timely implementation of the hydrological restoration plan will
restore important habitat for numerous endangered and threatened
species, including the Florida panther, one of the world's most
endangered mammals.
Public acquisition of this portion of the Save Our
Everglades Florida Forever project will preserve a large piece of
South Florida's unique ecosystem. Ultimately, this will
contribute to the formation of a continuous public conservation
corridor extending across South Florida from the Gulf Coast to
approximately ten miles from the Atlantic Ocean. It will help protect the
western Everglades ecosystem from encroachment of residential,
commercial and industrial
development.
On January 23, 2001, the Board of Trustees recognized
that (1) property within the Save Our Everglades Florida Forever
project lying south of I-75 is of special importance to the state;
(2) the acquisition of the land is necessary to protect hydrological
connections among Big Cypress National Preserve, Fakahatchee Strand
State Preserve, and Everglades National Park, and to protect and
restore the Everglades, which is an endangered natural resource of
unique value to the state; and (3) the failure to acquire this
property will result in irreparable loss to the state and seriously
impair the state's ability to manage or protect other state-owned
lands. DEP
has
Board
of Trustees
Agenda - March 25, 2003
Page
Twenty
*******************************************************
Item 10, cont.
since been directed by the Board of Trustees to
proceed with acquisition of the parcels in Phase
VI.
As part of the Everglades Restoration Project, DEP has
committed itself to the acquisition of the Golden Gate Estates South
properties by the end of June 2003 to make the land available to the
South Florida Water Management District (SFWMD). SFWMD's construction project
will restore the land to its natural state in order to restore the
hydrologic conditions in the western Everglades. The roads and canals will be
removed and water flow will be restored across this area in order to
recreate wetlands to benefit the Everglades and restore fresh water
flow to protect coastal
estuaries.
All property must be titled in the State of Florida
before construction within the Golden Gate Estates South area can
begin. It is
anticipated that Congress will be asked in either the spring or fall
of 2003 to approve the construction funding, with construction to
begin in early 2004. We
have used federal funds in a joint participation agreement to
acquire the land. This
Federal Grant expires on December 31, 2003. All acquisition needs to be
completed by December 31, 2003 in order to assure maximum federal
participation in the acquisition
process.
Phase VI consists of three parcels of land totaling
805.2 acres, more or less, owned by the Miccosukee Indian Tribe
(Tribe), within the Golden Gate Estates South project area known as
South of the Border. At
least two bona fide offers have been made for this property to the
maximum allowed by previous authority of the Board of Trustees. The staff of the Office of
Attorney General has determined these parcels qualify under the
eminent domain provisions set forth in chapters 259, 73 and 74,
F.S.
The Tribe acquired two of the tracts containing
approximately 800 acres in December 1997 for $437,500. Negotiations concerning
acquisition for these properties began in April 2001. The Tribe then acquired a
5.2-acre tract in May of 2001 for $15,000. The first formal offer to
acquire these three properties was made on October 23, 2002 for the
total sum of $639,680.
A second increased offer for $803,560 was made on December 3,
2002. The last offer
was increased to $1,253.560 on January 31, 2003. DSL staff has actively
pursued negotiations with the Tribe's representatives, but has not
been able to come to agreement and negotiations are at an impasse,
however, the bona fide offer requirements of section 259.041(14),
F.S., have been satisfied.
The third parcel of land owned by the Tribe is 5.2
acres located along Miller Boulevard Extension; a primitive
road/dirt farm trail located in the southwestern most boundary of
the project. At this
time, negotiations for a settlement agreement between the Collier
County Commissioners and the owners along the extension, to include
the Board of Trustees, have essentially stopped. Thus any claimed
prescriptive easement rights by Collier County are scheduled to be
determined in the local court system. All parcels along the Miller
Boulevard Extension have been purchased at an Order of Taking
hearing, or have been purchased by the Board of Trustees, excluding
the parcel owned by the Miccosukee Indian Tribe.
The authority requested for eminent domain covers all
parcels contained herein.
As long as there are parcels to be acquired, the state
does not have full control of the project area in order to protect
the land from garbage disposal or environmental degradation. The majority of the property
has been acquired, but any tracts in private ownership reduce the
ability of the managing agency, the Department of Agriculture and
Consumer Services, Division of Forestry (DOF), to control access and
use of the area. The longer the process takes, the more likelihood
that additional people could move into the project area and attempt
to qualify for relocation benefits paid by the state. This relocation process also
takes time.
Board
of Trustees
Agenda - March 25, 2003
Page
Twenty-one
*********************************************************
Item 10, cont.
Section 259.041(14), F.S., authorizes the Board of
Trustees, by majority vote of all of its members, to direct DEP to
exercise its power of eminent domain pursuant to the provisions of
chapters 73 and 74, F.S.
Eminent domain may be used to acquire any of the property on
the Florida Forever "A" group project priority list if (1) the state
has made at least two bona fide offers to purchase the land through
negotiation and an impasse between the state and the land owner has
been reached; and (2) the land is of special importance to the state
because (a) it involves an endangered or natural resource and is in
imminent danger of being developed; (b) it is of unique value to the
state and failure to acquire the property would constitute an
irreparable loss to the state; or (c) the failure to acquire the
property would seriously impair the state's ability to manage or
protect other state-owned lands.
The parcels included in Phase VI of the Save Our
Everglades Florida Forever project lying south of I-75 meet these
criteria.
Pursuant to the Board of Trustees' eminent domain
policy, the landowner in Phase VI received notice of the Cabinet
meeting of January 28, 2003.
The request to seek authority for the use of eminent domain
was deferred from the January 28, 2003 to February 11, 2003. In an effort to continue
negotiation and keep the lines of communication open between DSL and
the landowner's representative, the Board of Trustees deferred the
request to March 13, 2003.
The Miccosukee Tribe of Florida had representation at the
initial Board of Trustees' meeting and subsequent deferral
dates.
The property will be managed by DOF as an addition to
Picayune State Forest.
DEP's Division of Recreation and Parks will manage the
property in the area east of the Faka Union Canal. SFWMD will coordinate the
implementation of the hydrologic restoration
project.
The acquisition of these three parcels 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 1-14 submitted with the March
13, 2003 Agenda)
RECOMMEND
APPROVAL
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