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Item 1               Minutes

 

Submittal of the Minutes from the June 26, 2003, August 12, 2003 and August 26, 2003 Cabinet Meetings.

 

(Attachment 1, Pages 1-57)

 

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Item 2               DCF/National Mentor Health Care, Inc. Sublease Agreement/Determination

 

REQUEST:  Consideration of (1) a request to approve a three-year sublease agreement between the Department of Children and Families and National Mentor Health Care, Inc; and (2) a determination that an award of the sublease without conducting a competitive bid is in the public interest pursuant to section 18-2.018(2)(i), F.A.C.

 

COUNTY:        Hillsborough

                Sublease No. 4238-01

 

APPLICANTS:  Department of Children and Families (DCF) and National Mentor Health Care, Inc. (NMHC)

 

LOCATION:  Section 05, Township 30 South, Range 21 East

 

CONSIDERATION:  NMHC will pay DCF $1 annually

 

STAFF REMARKS:  DCF currently leases a two-acre parcel, more or less, in Hillsborough County under Board of Trustees’ Lease Number 4238.  The parcel is known as the Valrico Group Home.  NMHC, a for-profit corporation, intends to operate and maintain the Valrico Group Home by providing services to developmentally disabled clients of DCF.

 

DCF is proposing to enter into a sublease agreement with NMHC, who will provide residential care, including residential nursing, to seven residents of the facility.

 

Quest, Inc., the previous provider, notified DCF of its intent to terminate services to the Valrico Group Home in December, 2002 with a 30-day notice, due to financial loss.  As it was necessary for the health and safety of the residents, NMHC was brought in to manage the group home.  On March 5, 2003, the Division of State Lands (DSL) authorized DCF to use NMHC for management of the group home on an emergency basis for up to six months.  The authorization has been extended for an additional two months and ends on November 30, 2003. Quest, Inc., a non-profit corporation, was operating the group home for DCF’s disabled clients, and no formal sublease had been required.  Quest, Inc., provided its own maintenance and utilities, and no lease fee was required.  Many of the residents have lived together and have been cared for by the same staff for well over ten years.  DCF was unable to reach an agreement with Quest, Inc., and the complicated needs of the residents required DCF to find a qualified and experienced provider, who would serve the residents while avoiding potential transition trauma that could compromise their health and safety.  The urgency of the situation required DCF to look to providers with experience and resources to take over the care of the individuals who are believed to be at risk if they were forced to move from the facility.  Two providers, Sunrise, Inc. and NMHC, were contacted and expressed an interest.  Sunrise withdrew as a candidate because they did not feel they could assume responsibility for the home within the limited time frame.  NMHC agreed to work with Quest, Inc., to hire existing staff who knew the residents.  During the emergency period, NMHC has operated and maintained the facility, and provided residential care to the developmentally disabled clients of DCF.  Also during this period, the terms and conditions of the sublease agreement were being negotiated.  The Department of Environmental Protection, Division of State Lands (DSL), does not have delegated authority to approve subleases greater

                Board of Trustees

                Agenda – October 14, 2003

                Page Two

 

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Item 2, cont.

 

than one-quarter acre in size to for-profit entities; therefore, this sublease is being submitted to the Board of Trustees for approval.  Pursuant to section 18-2.018(2)(i), F.A.C., the Board of Trustees shall authorize uses of uplands that will generate income or revenue to a private user, or will limit or preempt use by the general public, on the basis of competitive bidding unless the Board of Trustees determines it to be in the public interest to do otherwise.  The lack of qualified and experienced providers has resulted in DCF requesting the waiver by the Board of Trustees of the requirement for competitively bidding this sublease.

 

DCF has negotiated a price of $1 annually, provided NMHC will be fully responsible for maintenance and upkeep of the facilities. 

 

Pursuant to section 18-2.018(1)(a), F.A.C., the decision to authorize the use of Board of Trustees-owned uplands requires a determination that such use is not contrary to the public interest.  NMHC will provide: (1) services to the residents of this facility at a reasonable cost covered by a statewide rate structure; and (2) community placement, which is far more cost effective than placing residents in an institutional facility.  For this reason, DSL staff believes that the sublease to NMHC is not contrary to the public interest.

 

A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, the Department of Community Affairs (DCA) determined that the plan was not in compliance.  In accordance with the compliance agreement between DCA and the local government, an amendment has been adopted which brought the plan into compliance.  The proposed action is consistent with the adopted plan as amended according to a letter received from Hillsborough County.

 

(See Attachment 2, Page 1-32)

 

RECOMMEND APPROVAL

 

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Item 3                 Evans Option Agreement/Conservation Easement/Green Swamp Area of                Critical State Concern/Green Swamp Florida Forever Project

 

REQUEST:  Consideration of an option agreement to acquire a perpetual conservation easement over 826.94 acres within the Green Swamp Area of Critical State Concern and the Green Swamp Florida Forever project from William Earl Evans, Sr. and Julie Perry Evans, as Trustees.

 

COUNTY:  Polk

 

LOCATION:  Sections 28 and 33, Township 25 South, Range 24 East

 

CONSIDERATION:  $840,400

 

                            APPRAISED BY                        SELLER’S              TRUSTEES’

                  String       Hupp            APPROVED            PURCHASE            PURCHASE            OPTION

PARCEL            ACRES            (02/21/03)            (04/22/03)      VALUE         PRICE          PRICE                 DATE        

Evans            826.94            $870,000            $830,000     $890,500*            $1,187,901**   $840,400***            120 days after

                                                     (94%)            BOT approval

 

*        The approved value was increased due to the prohibition to cultivate row crops for commercial purposes.

**      The property was purchased on August 28, 2002 out of bankruptcy as an addition to owner’s existing ranch.

***    $1,016 per acre – Conservation Easement Value 60 percent of Fee Value ($1,490,000)

 

STAFF REMARKS:  Effective July 1, 1999, the Legislature transferred all activities performed by the Green Swamp Land Authority to the Department of Environmental Protection (DEP) as provided in section 51, chapter 99-247, Laws of Florida.  The Green Swamp Area of Critical

                Board of Trustees

                Agenda – October 14, 2003

                Page Three

 

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Item 3, cont.

 

State Concern contains 322,690 acres, of which 37,541.20 acres are protected by, or under agreement to be protected by, land protection agreements or conservation easements.  After the Board of Trustees approves this agreement, 284,321.86 acres, or 88 percent of the area, will remain to be acquired.  This acquisition is also within the Green Swamp Florida Forever project boundary, which contains 279,224 acres, of which 95,277.95 acres have been acquired or are under agreement to be acquired.  After the Board of Trustees approves this agreement, 183,119.11 acres, or 66 percent of the Green Swamp Florida Forever project, will remain to be acquired.

 

The Evans’ property currently consists of two homesites, approximately 615 acres of improved pasture and watering holes, and the remaining property is a mixture of hardwoods, bottomland swamp, cypress dome wetlands, scrub swamp, and freshwater marsh.

 

Under the proposed conservation easement, this property will be restricted in perpetuity by the summary of provisions below, which include, but are not limited to, the following:

 

·           New construction or placing of temporary or permanent structures or buildings on the property will be prohibited except as may be necessary for maintenance, normal operation or emergency situations;

·           Surface Mining and excavation by Grantor will be prohibited;

·           Timber harvesting will be prohibited in areas not depicted in baseline documentation as agricultural areas; however, cutting and removing of timber damaged by natural disaster, fire, etc. is permitted;

·           Acts or uses detrimental to natural water flow and the preservation of any historical, archeological or cultural area will be prohibited;

·           Commercial water wells on the property are prohibited;

·           Row crops cultivated for commercial purposes are prohibited;

·           Dumping of trash, waste, hazardous materials and soil will be prohibited; and

·           The Board of Trustees will have the right of notice of intent to sell, in the event the owner intends to sell the property.

 

The proposed conservation easement will allow the owner to retain certain rights.  The summary of the owner’s rights include, but is not limited to, the following:

 

·        The right to engage in all non-commercial, passive, resource-based recreation not inconsistent with the purpose of the easement;

·        The right to construct barns and fences for agricultural uses;

·        The right to maintain the owner’s current agricultural business in improved areas;

·        The right to retain and maintain present areas of improved pasture;

·        The right to build two new residential homes and subdivide with a minimum of 100 acres per residence; and

·        The right to convert improved agricultural areas to other agricultural uses other than row crops cultivated for commercial purposes.

 

All mortgages and liens will be satisfied or subordinated on the property at the time of closing.  In the event the commitments for title insurance, to be obtained prior to closing, reveal any encumbrances that 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.

 

Title insurance policy, survey, environmental site assessment and baseline documentation report, will be provided by the purchaser prior to closing.

                Board of Trustees

                Agenda – October 14, 2003

                Page Four

 

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Item 3, cont.

 

The mosaic of cypress swamps, pine forests, and pastures known as the Green Swamp is a vital part of the water supply of Central Florida.  This region gives rise to four major river systems (the Withlacoochee, Oklawaha, Hillsborough and Peace) and, because it has the highest groundwater elevation in the peninsula, is important for maintaining the flow of water from the Floridan Aquifer.  Preservation by acquiring the properties located within the area will protect the Floridan Aquifer and the headwaters of several rivers, and preserve a large area for wildlife.

 

The Department of Environmental Protections’ Office of Environmental Services will be the interim monitor for the conservation easement until a permanent monitor is established. 

 

This acquisition is consistent with section 187.201(9), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

 

(See Attachment 3, Pages 1-44)

 

RECOMMEND APPROVAL

 

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Item 4                James J. Jentgen, Trustee, Option Agreement/Fakahatchee Strand Florida                 Forever Project

 

DEFERRED FROM THE AUGUST 12, 2003 AGENDA

 

REQUEST:  Consideration of an option agreement to acquire 96.92 acres within the Fakahatchee Strand Florida Forever project from James J. Jentgen, Trustee.

 

COUNTY:  Collier

 

LOCATION:  Sections 11, 14 and 15, Township 53 South, Range 29 East

 

CONSIDERATION:  $1,525,000

 

                            APPRAISED BY                        SELLER’S              TRUSTEES’

                  Bowen       Stewart              APPROVED              PURCHASE              PURCHASE              OPTION

PARCEL            ACRES            (03/08/02)            (03/08/02)      VALUE         PRICE          PRICE                 DATE        

Jentgen            96.92            $1,700,000            $1,605,000            $1,700,000            $150,000*            $1,525,000**            120 days after

                                                    (90%)            BOT approval

*   Purchased in November 1971

** $15,735 per acre

 

STAFF REMARKS:  The Fakahatchee Strand project is a “B” group project on the Florida Forever Full Fee Project List approved by the Board of Trustees on February 25, 2003.  On December 5, 2002, the Acquisition and Restoration Council (ARC) voted to move the project from the “A” to the “B” list of approved Florida Forever projects, with the exception of those parcels actively in negotiation for acquisition.  ARC recommended that active “A” group acquisitions receive final approval no later than August 25, 2003.  The project contains 80,332 acres, of which 63,907 acres have been acquired or are under agreement to be acquired.  After the Board of Trustees approves this agreement, 16,328.08 acres, or 20 percent of the project, will remain to be acquired.

 

All mortgages and liens will be satisfied at the time of closing.  The only access to the property is by boat.  There is an access right-of-way, which, subject to governmental approval, would allow for existing road extension and bridging. There is also a utility easement, an unspecified easement and an access easement that connects the northern and southern portions of the property.  Improvements include a small historic cemetery, a concrete cistern and an older home

                Board of Trustees

                Agenda – October 14, 2003

                Page Five

 

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Item 4, cont.

 

of no contributory value.  There is an encroachment by an Outward Bound equipment storage building that will be removed prior to closing.  The right-of-way, easements, improvements and encroachment were considered by the appraisers in the valuation of the property.  The City of Everglades City (City), the future managing agency, has determined that management of the property will not be adversely affected.  June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the Department of Environmental Protection (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, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing.

 

Of the subtropical swamps in south Florida, the Fakahatchee Strand is perhaps the most significant—the richest in orchids and other rare tropical plants, the most critical to the survival of the Florida panther, and the most important for the mangrove swamps of the Ten Thousand Islands.  The Fakahatchee Strand project, by preserving this ecosystem, will help to save the last of the panthers, protect the Ten Thousand Islands, and give the public an opportunity to learn about this unique part of Florida.

 

This property will be managed by the City as a preserve.

 

This acquisition is consistent with section 187.201(9), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

 

RECOMMEND WITHDRAWAL

 

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Item 5                Narbi International Investments, Inc. Option Agreement/Wekiva-Ocala                 Greenway Florida Forever Project

 

REQUEST:  Consideration of an option agreement to acquire 269.03 acres within the Wekiva-Ocala Greenway Florida Forever project from Narbi International Investments, Inc.

 

COUNTY:  Lake

 

LOCATION:  Sections 30 and 31, Township 17 South, Range 29 East

 

CONSIDERATION:  $600,000

 

                            APPRAISED BY                        SELLER’S              TRUSTEES’

                            Arline              APPROVED              PURCHASE              PURCHASE              OPTION

PARCEL              ACRES              (04/10/03)   VALUE      PRICE       PRICE                   DATE        

Narbi              269.03              $635,000              $635,000              $350,000*              $600,000**              120 days after

                                                   (95%)                    BOT Approval

*  The parcel was purchased on 6/3/88

** $2,230 per acre

 

STAFF REMARKS:  The Wekiva–Ocala Greenway project is an “A” group project on the Florida Forever Full Fee Project List approved by the Board of Trustees on August 26, 2003.  The above parcel was approved as an addition to the project by the Acquisition and Restoration Council on December 6, 2001.  The project contains 74,359 acres, of which 41,774.18 acres have been acquired or are under agreement to be acquired.  After the Board of Trustees approves this agreement, 32,365.38 acres, or 44 percent of the project, will remain to be acquired.

                Board of Trustees

                Agenda – October 14, 2003

                Page Six

 

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Item 5, cont.

 

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 the Department of Environmental Protection (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, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing.

 

The springs, rivers, lakes, swamps and uplands stretching north from Orlando to the Ocala National Forest are an important refuge for the Florida black bear, as well as other wildlife such as the bald eagle, swallow-tailed kite, Florida scrub jay and wading birds.  Public acquisition of the Wekiva-Ocala Greenway project will protect these animals and the Wekiva and the St. Johns river basins by protecting natural corridors connecting Wekiwa Springs State Park, Rock Springs Run State Reserve, the Lower Wekiva River State Reserve and Hontoon Island State Park with the Ocala National Forest.  It will also provide the people of the booming Orlando area with a large, nearby natural area in which to enjoy camping, fishing, swimming, hiking, canoeing and other recreational pursuits.

 

The property will be managed by the Department of Agriculture and Consumer Services’ Division of Forestry as part of the Seminole State Forest.

 

This acquisition is consistent with section 187.201(9), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan.

 

(See Attachment 5, Pages 1-24)

 

RECOMMEND APPROVAL

 

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Item 6                George Miller Option Agreement/Save Our Everglades Florida Forever                 Project

 

REQUEST:  Consideration of an option agreement to acquire a 20-acre parcel within the Save Our Everglades Florida Forever Project from George Harry Miller, which is in excess of the maximum offer amount provided in the delegated authority given by the Board of Trustees on July 11, 2000.

 

COUNTY:  Collier

 

CONSIDERATION:  $880,000

 

         BOT Costs of                             Federal Relocation                     Estimated Total To

Seller                 Acquisition                    Costs (RHP)               Seller by BOT/Federal

George Miller         $880,000*          $420,000**                    $1,300,000

                               

 

*   Authority requested today is for approval of the contract price of $880,000.

** Owner will also receive this federal relocation benefit that is not included in the proposed purchase agreement.

 

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 August 26, 2003.  The portion of the project lying south of I-75, commonly referred to as Golden Gate Estates South,