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T H E C A B I N E T
S T A T E O F F L O R I D A
Representing:
VOTE ON 2001 MEETING SCHEDULE
VOTE ON EXECUTIVE DIRECTORS' SALARY INCREASES
STATE BOARD OF ADMINISTRATION
DIVISION OF BOND FINANCE
DEPARTMENT OF REVENUE
STATE BOARD OF EDUCATION
BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND
The above agencies came to be heard before
THE FLORIDA CABINET, Honorable Governor Bush
presiding, in the Cabinet Meeting Room, LL-03,
The Capitol, Tallahassee, Florida, on Tuesday,
October 10, 2000, commencing at approximately
9:13 a.m.
Reported by:
LAURIE L. GILBERT
Registered Professional Reporter
Certified Court Reporter
Certified Realtime Reporter
Registered Merit Reporter
Notary Public in and for
the State of Florida at Large
ACCURATE STENOTYPE REPORTERS, INC.
100 SALEM COURT
TALLAHASSEE, FLORIDA 32301
850/878-2221
2
APPEARANCES:
Representing the Florida Cabinet:
JEB BUSH
Governor
BOB MILLIGAN
Comptroller
KATHERINE HARRIS
Secretary of State
BOB BUTTERWORTH
Attorney General
BILL NELSON
Treasurer
TOM GALLAGHER
Commissioner of Education
* * *
ACCURATE STENOTYPE REPORTERS, INC.
3
October 10, 2000
I N D E X
ITEM ACTION PAGE
VOTE ON 2001 MEETING SCHEDULE:
1 Approved 5
VOTE ON EXECUTIVE DIRECTORS'
SALARY INCREASES:
1 Approved 10
STATE BOARD OF ADMINISTRATION:
(Presented by Tom Herndon,
Executive Director)
1 Approved 11
2 Approved 12
3 Approved 20
4 Approved 21
5 Approved 21
6 Approved 22
7 For Information Only 22
8 Approved 28, 28, 29, 30
DIVISION OF BOND FINANCE:
(Presented by J. Ben Watkins, III,
Director)
1 Approved 31
2 Approved 31
DEPARTMENT OF REVENUE:
(Presented by James A. Zingale, Ph.D.,
Executive Director)
1 Approved 32
2 Approved 46
3 Approved 48
4 Approved 48
ACCURATE STENOTYPE REPORTERS, INC.
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October 10, 2000
I N D E X
(Continued)
ITEM ACTION PAGE
STATE BOARD OF EDUCATION:
(Presented by Wayne V. Pierson,
Deputy Commissioner)
1 Approved 49
2 Approved 49
BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT
TRUST FUND:
(Presented by David B. Struhs,
Secretary)
1 Deferred 50
2 Deferred 63
Substitute 3 Approved 63
Substitute 4 Deferred 63
5 Approved 74
6 Approved 74
Substitute 7 Approved 94
CERTIFICATE OF REPORTER 95
* * *
ACCURATE STENOTYPE REPORTERS, INC.
VOTE ON 2001 SCHEDULE 5
October 10, 2000
1 P R O C E E D I N G S
2 (The agenda items commenced at 9:58 a.m.)
3 GOVERNOR BUSH: All right. We need to vote
4 on the schedule for the meetings for the
5 Governor and Cabinet for the year 2001. And
6 I believe you all have that list.
7 And there's one addition which would be on
8 the -- an SBA Aides meeting on January 2nd, and
9 then an SBA meeting on January 4th, a special
10 meeting that was requested by the State Board
11 of Administration.
12 COMPTROLLER MILLIGAN: I'll move the item.
13 ATTORNEY GENERAL BUTTERWORTH: Second.
14 GOVERNOR BUSH: There's a motion and a
15 second.
16 Without objection, it's approved.
17 (The Vote on the 2001 Meeting Schedule
18 Agenda was concluded.)
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ACCURATE STENOTYPE REPORTERS, INC.
VOTE ON EXECUTIVE DIRECTORS' SALARY INCREASES 6
October 10, 2000
1 GOVERNOR BUSH: The second vote we have is
2 for the Executive Directors' salary increases.
3 And I guess what has been con--
4 contemplated is a two-and-a-half percent
5 increase, similar to what all employees have
6 received.
7 And I know that General -- General Milligan
8 had --
9 COMPTROLLER MILLIGAN: Well, I -- yes, sir.
10 I -- I would like to propose that we move
11 the Executive Directors of the Department of
12 Highway Safety and Motor Vehicles and
13 Department of Revenue at 2.5 percent, and the
14 Commissioner of Florida Department of Law
15 Enforcement, and the Director of the Department
16 of Veterans' Affairs at 5 percent.
17 GOVERNOR BUSH: There's a motion.
18 I'll second it.
19 ATTORNEY GENERAL BUTTERWORTH: I'll second
20 it.
21 COMMISSIONER GALLAGHER: I don't think you
22 can.
23 ATTORNEY GENERAL BUTTERWORTH: I'll second
24 it.
25 GOVERNOR BUSH: Okay. Excuse me.
ACCURATE STENOTYPE REPORTERS, INC.
VOTE ON EXECUTIVE DIRECTORS' SALARY INCREASES 7
October 10, 2000
1 I wasn't listening.
2 Someone seconded it, thankfully.
3 Discussion.
4 ATTORNEY GENERAL BUTTERWORTH: I have a
5 little discussion, Governor.
6 It's -- I don't mind that we -- we pay
7 these people more, because they -- they deserve
8 it. But it's not our public policy, Governor,
9 we have -- we have two of our
10 Executive Directors making more than you are.
11 GOVERNOR BUSH: So does Bobby Bowden.
12 ATTORNEY GENERAL BUTTERWORTH: He makes
13 more money than all of us on the diaz put
14 together.
15 GOVERNOR BUSH: I mean, 150 or 200 people
16 apparently in State government make more than
17 the governor. I -- I'm not doing this for pay.
18 I know you don't --
19 ATTORNEY GENERAL BUTTERWORTH: I don't do
20 it for pay either --
21 GOVERNOR BUSH: You deserve a pay raise,
22 too, if it's based on the work you do. But --
23 ATTORNEY GENERAL BUTTERWORTH: Well, can we
24 raise our own salary? I guess we can't raise
25 our own salaries.
ACCURATE STENOTYPE REPORTERS, INC.
VOTE ON EXECUTIVE DIRECTORS' SALARY INCREASES 8
October 10, 2000
1 No, really, I -- I think the Legislature
2 should look at -- at all the salaries, because
3 many of us have very talented people working
4 for us that are getting paid much less -- much,
5 much less, and -- and I think that we should be
6 looking towards keeping the better people.
7 And -- and that's why I do second what
8 General Milligan did here.
9 GOVERNOR BUSH: Very good.
10 As I understand what you're -- I -- I want
11 to make --
12 COMPTROLLER MILLIGAN: Well, basically that
13 we would give each a 2.5 percent, which is
14 the --
15 GOVERNOR BUSH: Cost of living.
16 COMPTROLLER MILLIGAN: -- cost of living
17 increase on 1 October.
18 And then in recognition of the -- of the
19 performance of the Commissioner of Florida
20 Department of Law Enforcement, and of the
21 Secretary of Veterans' Affairs, give them an
22 extra 2.5 percent.
23 GOVERNOR BUSH: Which would be the
24 equivalent of a merit --
25 COMPTROLLER MILLIGAN: A merit pay --
ACCURATE STENOTYPE REPORTERS, INC.
VOTE ON EXECUTIVE DIRECTORS' SALARY INCREASES 9
October 10, 2000
1 GOVERNOR BUSH: -- increase.
2 COMPTROLLER MILLIGAN: -- increase.
3 GOVERNOR BUSH: I would -- I agree with
4 your assessment. I -- I would only add that
5 I think Dr. Zingale, had he been the
6 Secretary -- or the Director of --
7 Executive Director of the Department of Revenue
8 for a longer period of time, in my judgment,
9 would be deserving of a merit pay increase as
10 well.
11 COMPTROLLER MILLIGAN: Well, I -- I won't
12 argue with that. I think, you know, it's a
13 tough decision when you sit up here to make
14 those calls.
15 And I -- and in my judgment, that's the
16 call I would make. And I certainly agree that
17 Zingale, if he continues to perform, should be
18 recognized in the future.
19 GOVERNOR BUSH: I just wanted to -- he's in
20 the -- he's in the room. I just wanted him to
21 know that --
22 COMPTROLLER MILLIGAN: Well, I don't care
23 whether he's in the room or not.
24 GOVERNOR BUSH: I know you don't, but I do.
25 ATTORNEY GENERAL BUTTERWORTH: He was in
ACCURATE STENOTYPE REPORTERS, INC.
VOTE ON EXECUTIVE DIRECTORS' SALARY INCREASES 10
October 10, 2000
1 Sarasota.
2 GOVERNOR BUSH: That's for later, General.
3 There is a -- any other discussion?
4 There's a motion and a second.
5 All in favor, say aye.
6 THE CABINET: Aye.
7 GOVERNOR BUSH: All opposed?
8 Motion passes.
9 (The Vote on the Executive Directors'
10 Salary Increases Agenda was concluded.)
11 * * *
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ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 11
October 10, 2000
1 GOVERNOR BUSH: The next Cabinet meeting
2 will be Tuesday, October 24th.
3 Thank you all very much.
4 State Board of Administration.
5 COMPTROLLER MILLIGAN: Speaking of high
6 paid individuals.
7 GOVERNOR BUSH: Exactly.
8 MR. HERNDON: But well worth it, right,
9 General?
10 COMPTROLLER MILLIGAN: Absolutely.
11 Absolutely, Tom.
12 MR. HERNDON: Item Number 1 is approval of
13 the minutes of the meeting held September 26th,
14 2000.
15 COMPTROLLER MILLIGAN: I move the minutes.
16 TREASURER NELSON: Second.
17 GOVERNOR BUSH: Moved and seconded.
18 Without objection, it's approved.
19 MR. HERNDON: Item Number 2 is approval of
20 a fiscal sufficiency of an amount not exceeding
21 a hundred and sixty-seven million two hundred
22 thousand dollars, full faith and credit, State
23 Board of Education, Public Education Capital
24 Outlay bonds.
25 COMPTROLLER MILLIGAN: I move Item 2.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 12
October 10, 2000
1 TREASURER NELSON: Second.
2 GOVERNOR BUSH: Moved and seconded.
3 Without objection, it's approved.
4 MR. HERNDON: Governor, Trustees, before we
5 move to the specific Florida Housing Finance
6 Agency Corporation items, I think Mr. Kaplan is
7 here to provide a brief presentation in
8 response to your questions from the last
9 Cabinet meeting.
10 So --
11 GOVERNOR BUSH: Mr. Kaplan, welcome.
12 MR. KAPLAN: Thank you.
13 Good morning.
14 I want to thank you for the invitation to
15 tell you a little bit about what we've been
16 doing at the Florida Housing Finance
17 Corporation since I started there on July 5th.
18 As you know, Florida Housing has been in
19 the press a lot over the last year or two, and
20 it usually hasn't been for -- for the good
21 things that we do.
22 That trend came to a head recently after
23 General Milligan's office issued an initial
24 draft of a comprehensive audit of
25 Florida Housing on July 18th.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 13
October 10, 2000
1 The audit covered 1998, and selected
2 actions from 1999, and pointed out some
3 substantial problems with our agency.
4 Although it's no fun to read bad things
5 about anything in or around State government,
6 the work of General Milligan and his staff gave
7 me a great road map, showing me many areas to
8 do things better.
9 I believe today we really have two missions
10 at the Florida Housing Finance Corporation.
11 The first is the traditional mission to expand
12 the availability of affordable housing where
13 it's needed throughout Florida.
14 Our second mission statement is to restore
15 public credibility in how we go about our
16 business that is made to ensure that the
17 various stakeholders in our processes and
18 programs, including the Governor and Cabinet,
19 have confidence that we're acting in ways that
20 are open, rational, and fair; and that our best
21 good faith efforts are to -- are to meet the
22 housing needs of all Florida.
23 I believe we've made tremendous progress in
24 the two-and-a-half months since the initial
25 draft audit report was issued. We've added
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 14
October 10, 2000
1 some amazing staff members who are committed to
2 running Florida Housing right and well.
3 A few of our new senior staff members are
4 here this morning. And with your permission,
5 I'd like to introduce them.
6 Barbara Goltz is our new Chief Financial
7 Officer. She couldn't be here this morning I
8 don't think. She's working --
9 GOVERNOR BUSH: Yeah, she is.
10 She's back there.
11 MR. KAPLAN: Oh, she is there.
12 Oh. Hey, Barb.
13 Barb's a CPA, served the past several years
14 as Assistant Secretary for Finance at the
15 Florida Lottery. She was part of the original
16 Lottery start-up team, and had experience at
17 the Department of Education, and in public
18 accounting before that.
19 Barb's a great leader, and I'm thrilled
20 with the discipline and fresh eye that she's
21 bringing to our entire financial operation.
22 Next is Elizabeth Arthur, our new
23 General Counsel. Being General Counsel for
24 Florida Housing is a really hard job. To do it
25 well, a lawyer needs a good mix of real estate,
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 15
October 10, 2000
1 banking, litigation, and State government
2 experience. I believe we have that in
3 Elizabeth.
4 Before going to law school, Elizabeth was a
5 commercial banker. After that, she -- after
6 law school, she practiced real estate in
7 banking law. She then moved to Tallahassee
8 where she worked for the Department of
9 Insurance.
10 Most recently, she was in
11 General Butterworth's Antitrust Division before
12 joining us.
13 Our new internal auditor is
14 Stephanie Sgouros. I had to raid
15 General Milligan's shop to get Stephanie.
16 Before that, she worked for ten years for the
17 Auditor General.
18 Stephanie's already done a fantastic job
19 helping us get our policies and procedures in
20 order, and has been a wonderful resource and
21 sounding board as we rework our processes, and
22 work to implement new programs.
23 The last new member of our senior staff
24 that I'd like to introduce is Debbie Dozier.
25 Debbie is the Deputy Development Officer over
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 16
October 10, 2000
1 our Multifamily Bond Program.
2 Some of you may remember Debbie from her
3 previous service with Florida Housing. Debbie
4 understands our processes, the players, and the
5 way things ought to run. And I'm honored that
6 she agreed to come back to work with us.
7 In addition to these outstanding
8 professionals, we've brought on other new
9 staff, and have promoted some wonderful people
10 from within, and we have some of our continuing
11 staff here with us today as well.
12 Also we're adding a contracts administrator
13 to oversee our procurement and contracting
14 processes; a second internal auditor to work
15 for Stephanie; and at least one more in-house
16 lawyer to work for Elizabeth.
17 Beyond just the staffing changes though,
18 we've been working on a more comprehensive
19 internal analysis of how we do things at
20 Florida Housing.
21 We're regularly asked the question: If we
22 weren't already doing things this way, how
23 would we do it?
24 So many people have been very good to us in
25 support of our -- of our efforts over the past
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STATE BOARD OF ADMINISTRATION 17
October 10, 2000
1 three months.
2 Although I hesitate to mention anyone by
3 name for fear of hurting the feelings of those
4 I don't mention, I do want to publicly thank
5 Tom Herndon and Ben Watkins for all their
6 advice and support.
7 I believe I've learned a lot by wondering
8 how we would design a public/private housing
9 corporation if we were doing it from scratch.
10 I'm a little impatient, so I want a lot of big
11 changes done yesterday.
12 But we're trying to move in a deliberative
13 way that acknowledges our obligations under the
14 Administrative Procedure Act, and that gives
15 comfort to the bond rating agencies, and to the
16 financial markets.
17 General Milligan's cover memo on the draft
18 audit report said that his office is planning
19 to come back for a six-month follow-up review
20 on the resolution of accountability
21 deficiencies, violations of Florida Statutes,
22 and financial integrity issues.
23 Without tipping my hand too much, we hope
24 to be able to invite him back for that
25 follow-up review before those six months are
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 18
October 10, 2000
1 up.
2 In the meantime, if you have any questions,
3 I'd be happy to do my best to answer them this
4 morning, or I'm otherwise always available to
5 you.
6 COMPTROLLER MILLIGAN: I would just
7 comment, Mark's cooperative approach and
8 professional approach has really been run-down,
9 and I -- and I think we're going to get there.
10 And, in fact, we're well on our way there.
11 GOVERNOR BUSH: Mark, can you give us a
12 little bit of a rundown on what your strategy
13 is as it relates to the transparency issue, I
14 would call it, related to how these credits are
15 allocated and the competitive process that
16 exists?
17 It just seems there's a -- there had been
18 at least a reputation that you had to hire
19 someone of influence to be able to get in the
20 front of the line. And that's not the way
21 government ought to work. So what --
22 MR. KAPLAN: No, sir. We're -- we're
23 trying to attack that on two fronts.
24 The first front is to try and make it so
25 that real life people can understand the
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 19
October 10, 2000
1 processes. Right now, there are, you know,
2 five or six people in the state who understand
3 the minutia of what we do, and how we do it.
4 And the reality is, I think many people
5 believed that, to be able to navigate our
6 processes, you had to be, or be associated with
7 one of that small handful of people.
8 We believe that by trying to simplify the
9 process, making it more transparent, making it
10 a little bit under-- a little bit more
11 understandable for the people who actually get
12 out there and build this housing, we'll have
13 gone a long way.
14 The other way that we're trying to do this
15 is to send the very strong message that we
16 don't care who you are, or -- or what you may
17 have done or not done in the past. If you're
18 doing the right things today, we're open and
19 we're trying to treat everybody fairly and in
20 an open way.
21 GOVERNOR BUSH: Any other questions?
22 COMPTROLLER MILLIGAN: Well, good.
23 GOVERNOR BUSH: Thank you.
24 MR. KAPLAN: All right. Thank you.
25 GOVERNOR BUSH: We're proud of you, Mark.
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STATE BOARD OF ADMINISTRATION 20
October 10, 2000
1 Keep it up.
2 MR. HERNDON: In that vein, Item 3 is a
3 resolution of the Board rescinding the approval
4 of the fiscal determination of an amount not
5 exceeding forty million five hundred and thirty
6 thousand dollar, Florida Housing Finance
7 Corporation Housing Revenue Bonds, 2000 Series,
8 for the Augustine Club, Plantations at
9 Killearn, and Woodlake at Killearn Apartment
10 projects; and approving the fiscal
11 determination of an amount not exceeding
12 thirty-six million eight hundred and sixty-five
13 thousand dollar, Florida Housing Finance
14 Corporation bonds for Augustine Club,
15 Plantations at Killearn, and Woodlake at
16 Killearn Apartment Projects.
17 COMPTROLLER MILLIGAN: I move Item 3.
18 TREASURER NELSON: Second.
19 GOVERNOR BUSH: Moved and seconded.
20 Without objection, it's approved.
21 MR. HERNDON: Item 4 is an approval of the
22 fiscal determination of one or more series in
23 an aggregate amount not exceeding 100 million
24 dollars, Florida Housing Finance Corporation
25 homeowner mortgage revenue bonds, 2000 series;
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 21
October 10, 2000
1 and not exceeding $500,000 Florida Housing
2 Finance Corporation Down Payment Assistance
3 Note, FNMA Second Mortgage Program,
4 Series 2000-B.
5 COMPTROLLER MILLIGAN: Move Item 4.
6 TREASURER NELSON: And I second.
7 GOVERNOR BUSH: Moved and seconded.
8 Without objection, it's approved.
9 MR. HERNDON: Item 5 is approval of a
10 fiscal determination of an amount not exceeding
11 eleven million two hundred and fifty-five
12 thousand dollar tax exempt, Florida Housing
13 Finance Corporation Housing Revenue Bond,
14 2000 Series, series to be designated later, for
15 Marina Bay Apartments in Palm Beach County.
16 COMPTROLLER MILLIGAN: Move Item 5.
17 TREASURER NELSON: I second it.
18 GOVERNOR BUSH: Moved and seconded.
19 Without objection, it's approved.
20 MR. HERNDON: Item Number 6 is approval of
21 a fiscal determination of an amount not
22 exceeding six million nine hundred thousand
23 dollar tax exempt, and one million two hundred
24 thousand dollar taxable, Florida Housing
25 Finance Corporation Housing Revenue Bonds,
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STATE BOARD OF ADMINISTRATION 22
October 10, 2000
1 2000 Series, for the River Trace Senior
2 Apartments in Manatee County.
3 TREASURER NELSON: And I move the item.
4 COMPTROLLER MILLIGAN: Second.
5 GOVERNOR BUSH: Moved and seconded.
6 Without objection, it's approved.
7 MR. HERNDON: Item Number 7 is submitted
8 for your information. It's a status report
9 Number 3 on the defined contribution
10 implementation progress to date.
11 GOVERNOR BUSH: That's just --
12 MR. HERNDON: Just to receive that.
13 COMPTROLLER MILLIGAN: -- information.
14 GOVERNOR BUSH: Yes.
15 MR. HERNDON: Okay.
16 Item Number 8 is the Florida Water
17 Pollution Control Financing Corporation.
18 It's, Governor, and members, actually
19 Commissioner Nelson and Comptroller Milligan
20 and Secretary Struhs and Ms. Arduin, who
21 I think are going to be with us, if I could
22 call those to the podium.
23 And then also ask Ben Watkins to come up.
24 I think he's going to give you a brief
25 background on how we arrived at the
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STATE BOARD OF ADMINISTRATION 23
October 10, 2000
1 recommendations before you.
2 MR. STRUHS: Good morning.
3 Donna has not arrived yet, but I suspect
4 she's on her way.
5 I would recommend that we might begin with
6 Mr. Watkins giving us just a brief overview as
7 to the process that they have used to provide
8 us today's recommendations to retain the
9 services of bond counsel, disclosure counsel,
10 and an underwriter.
11 If that -- if that meets with the pleasure
12 of the other Board members.
13 Mr. Watkins.
14 MR. WATKINS: Good morning.
15 The purpose of the Florida Water Pollution
16 Control Financing Corporation is to issue bonds
17 which will be secured by loans to local
18 governments. The -- the purpose of the
19 proceeds of the bonds will be to construct
20 wastewater treatment projects.
21 The -- our ultimate goal is to be in a
22 position to implement the first tranche or
23 installment of bonds. We're limited statut--
24 by the spring of the year.
25 There are -- we're limited statutorily in
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STATE BOARD OF ADMINISTRATION 24
October 10, 2000
1 the amount of debt that can be issued,
2 50 million in the first year, 75 million in the
3 second year, and 100 million dollars in the
4 third year.
5 So in order to move ahead with that
6 process, we're here in front of you today in
7 order to engage professionals. There are three
8 separate roles that we're talking about: The
9 first is bond counsel, the second is disclosure
10 counsel, and the third is an underwriting
11 syndicate for the bonds.
12 The process -- the selection process that
13 we used in connection with making the
14 recommendation was to distribute RFPs;
15 establish a selection committee, which
16 consisted of two members from the Division of
17 Bond Finance, one member from the State Board
18 of Administration, and one member from the
19 Department of Environmental Protection.
20 Those members of the selection committee
21 graded the RFP based on questions and points,
22 and ranked the individual firms based on that
23 scoring process.
24 Each of the individual scorer's rankings
25 were then aggregated in order to formulate --
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STATE BOARD OF ADMINISTRATION 25
October 10, 2000
1 in order to determine which was the most
2 qualified firm, and to -- to make the
3 recommendation to you here today.
4 This is the same process and protocol that
5 we use in connection with all of our State's
6 financing programs. And the -- the first
7 decision for you all to make is for bond
8 counsel.
9 The top three ranked firms for bond counsel
10 were Squire, Sanders & Dempsey; Hawkins,
11 Delafield & Wood; and Bryant, Miller and Olive,
12 with the highest ranked firm of Squire, Sanders
13 being the recommended firm for that engagement.
14 COMPTROLLER MILLIGAN: I -- I notice, Ben,
15 that they are also the recommended agent for
16 the disclosure counsel.
17 MR. WATKINS: Yes, sir.
18 COMPTROLLER MILLIGAN: And I guess my
19 question is: That is not normally the
20 situation. For perception purposes, would it
21 be best to not have the same two, or does it
22 make any difference?
23 MR. WATKINS: There -- we didn't set the
24 process with -- going to the second thing that
25 we'll do is a recommendation on disclosure
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STATE BOARD OF ADMINISTRATION 26
October 10, 2000
1 counsel.
2 And as General Milligan has pointed out, we
3 did not preclude the same firm for serving in
4 both capacities when we formulated the RFPs.
5 But that being said, this is merely the --
6 the written recommendation, and there are
7 reasons -- legitimate reasons to think about
8 having two separate firms serve in each of
9 those roles.
10 And this Board has the --
11 (Attorney General Butterworth exited the
12 room.)
13 MR. WATKINS: -- the discretion and the
14 latitude, because these are merely rec--
15 recommendations.
16 And the reason that recommendation is the
17 way that it is, General, is simply because,
18 when we set the process up at the outset, I
19 said we were going to recommend the highest
20 ranked firm. So that's what we've done.
21 But that being said, there are reasons to
22 consider using a separate firm for those
23 capacities.
24 COMPTROLLER MILLIGAN: I -- I would
25 recommend to the directors then that we give
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STATE BOARD OF ADMINISTRATION 27
October 10, 2000
1 Squire, Sanders & Dempsey their choice of
2 either being the bond counsel or the disclosure
3 counsel, and whichever one they select,
4 obviously, give them that responsibility.
5 And then choose the second ranked
6 organization for the other responsibility, if
7 the -- if you follow me.
8 MR. WATKINS: In fact, General Milligan, in
9 anticipation of this issue, I've had a
10 conversation with the firm. And they have
11 elected to -- given the choice, they would
12 prefer to serve as bond counsel in connection
13 with this engagement.
14 COMPTROLLER MILLIGAN: Well then I -- I
15 certainly would move Squire, Sanders & Dempsey
16 as the -- as the bond counsel.
17 TREASURER NELSON: I second the motion.
18 GOVERNOR BUSH: David, are you running the
19 meeting?
20 MR. STRUHS: I -- I'm supposed to be, yes.
21 COMPTROLLER MILLIGAN: Yes.
22 MR. STRUHS: There's been a motion and a
23 second.
24 All in favor?
25 THE BOARD: Aye.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 28
October 10, 2000
1 MR. STRUHS: The second item is disclosure
2 counsel.
3 And are -- are you finished with your
4 presentation?
5 MR. WATKINS: Yes.
6 MR. STRUHS: Okay. We have the opportunity
7 here, as has been pointed out, to exercise some
8 discretion and go with another firm.
9 I -- I'd look for a motion for selection of
10 disclosure counsel.
11 COMPTROLLER MILLIGAN: Who is -- who is --
12 was the number 2 in that --
13 MR. STRUHS: The second ranking firm was
14 Kutak Rock, LLP.
15 COMPTROLLER MILLIGAN: Well, I -- I think
16 it would make sense to -- to move that they be
17 selected.
18 MR. STRUHS: Is there a second?
19 MS. ARDUIN: Second.
20 MR. STRUHS: All in favor?
21 THE BOARD: Aye.
22 MR. STRUHS: Select Kutak Rock as
23 disclosure counsel.
24 The third selection is the underwriter
25 syndicate. This one's a little bit different.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 29
October 10, 2000
1 You know, if you've read the briefing, that
2 it's a syndicate of nine firms, five of them
3 national firms, two of them regional, and two
4 of them minority.
5 The way the rules were set up, the two
6 highest ranking firms, in this case,
7 Paine Webber, and Solomon Smith Barney, both
8 ranked highest, so they would serve as the
9 comanaging partners for the syndicate.
10 That would be the recommendation if there's
11 a motion.
12 COMPTROLLER MILLIGAN: I -- I move that
13 recommendation.
14 TREASURER NELSON: I second.
15 MR. STRUHS: All in favor?
16 THE BOARD: Aye.
17 MR. STRUHS: The fourth item is to delegate
18 authority to now negotiate the particulars of
19 these contracts to Mr. Tom Herndon.
20 Is there any discussion on that item?
21 (Attorney General Butterworth entered the
22 room.)
23 COMPTROLLER MILLIGAN: Any problems with
24 that, Tom?
25 MR. HERNDON: No, sir.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION 30
October 10, 2000
1 COMPTROLLER MILLIGAN: I move it.
2 MR. STRUHS: Second.
3 TREASURER NELSON: Second.
4 MR. STRUHS: All in favor.
5 THE BOARD: Aye.
6 MR. STRUHS: That concludes the meeting of
7 the Water Pollution Control Financing
8 Corporation.
9 Thank you.
10 MR. HERNDON: And that concludes our
11 agenda, Governor.
12 Thank you.
13 GOVERNOR BUSH: Thank you, Tom.
14 (The State Board of Administration Agenda
15 was concluded.)
16 * * *
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE 31
October 10, 2000
1 GOVERNOR BUSH: Bond Finance.
2 MR. WATKINS: Item Number 1 is approval of
3 the minutes of the September 26th meeting.
4 ATTORNEY GENERAL BUTTERWORTH: Motion.
5 COMPTROLLER MILLIGAN: Second.
6 GOVERNOR BUSH: Moved and seconded.
7 Without objection, it's approved.
8 MR. WATKINS: Item Number 2 is a resolution
9 authorizing the competitive sale of up to a
10 hundred and sixty-seven million two hundred
11 thousand dollars in PECO bonds.
12 COMMISSIONER GALLAGHER: Motion.
13 COMPTROLLER MILLIGAN: Second.
14 GOVERNOR BUSH: Moved and seconded.
15 Without objection, it's approved.
16 Thank you, Ben.
17 MR. WATKINS: Thank you.
18 (The Division of Bond Finance Agenda was
19 concluded.)
20 * * *
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE 32
October 10, 2000
1 GOVERNOR BUSH: Department of Revenue.
2 Motion on the minutes.
3 COMMISSIONER GALLAGHER: Motion on minutes.
4 COMPTROLLER MILLIGAN: Second.
5 GOVERNOR BUSH: Moved and seconded.
6 Without objection, it's approved.
7 Item 2.
8 MR. ZINGALE: Before we hit Item 2, I'd
9 like to give you a quick status report on
10 unemployment compensation transfer over, with
11 your permission.
12 It's been a week now. The whole transfer
13 has occurred. A quick highlight: Facilities
14 have been consolidated; positions have all been
15 moved; telephone systems have been switched
16 over; mailing systems have been switched over,
17 transparent to the customers.
18 We have gone through and started
19 registering within the Department of Revenue on
20 a consolidated basis. We have moved over the
21 collection and audit systems. A relatively
22 easy transition approximately two months
23 earlier than the Legislature -- Legislature
24 targeted. So we're kind of excited about it.
25 We have a walk-around next week getting to
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE 33
October 10, 2000
1 meet the employees, welcoming them to the
2 family. Not that there hasn't been a few
3 problems here and there.
4 We mailed out a few false delinquencies.
5 Everybody didn't get absorbed at this time.
6 We still have about 32 employees that we're
7 trying to fit in.
8 But overwhelmingly, I think it has been a
9 very remarkable transition. The Bureau of
10 Unemployment Compensation no longer exists, and
11 it has been fully integrated into the
12 Department of Revenue. So we're very pleased
13 about that.
14 GOVERNOR BUSH: Only 32 people that were
15 previously working at the Department of
16 Labor's --
17 DR. ZINGALE: Thirty-two in the bureau --
18 GOVERNOR BUSH: -- division --
19 DR. ZINGALE: -- at this time. We're
20 trying to see if we can do an overlap. We may
21 have some vacancies coming up that we think are
22 going to happen, but haven't been officially
23 happening yet.
24 So we're going to -- we're going to try to
25 overlap those. But that's where we are today.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE 34
October 10, 2000
1 Second -- the next agenda item is the
2 approval of the Executive Director's
3 performance contract.
4 A few highlights. Based on 1999-2000, we
5 met all of last year's GTA performance goals;
6 we made all of CSE performance goals, and --
7 GOVERNOR BUSH: What -- what's -- what are
8 those things, GPA and CSE?
9 DR. ZINGALE: Okay. If -- we met all of
10 the general tax -- our taxing administration's
11 performance goals, all the child support
12 performance goals, and three in the property
13 tax oversight system we did not meet. We were
14 close, but we didn't meet them this year.
15 We want to identify a few things that we
16 want to highlight that we received national
17 recognition for.
18 The first is the estate tax reengineering
19 team. This is kind of a significant one to us.
20 If we went from our private sector experience,
21 and tried to translate how you make change into
22 government, we typically review our business
23 processes by looking at whether law changes can
24 reduce costs and raise productivity.
25 We look at introducing technology, but that
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE 35
October 10, 2000
1 requires a business case privatization,
2 typically requires a business case, you can
3 centralize or decentralize and reverse that.
4 All of those are ways of reducing costs or
5 increasing productivity. However, the private
6 sector has a little secret tool they use out
7 there.
8 If you go into major corporations and talk
9 about their problem solving methodology, if you
10 were in Motorola, it would be called Six Sigma,
11 and Six Sigma is used as a problem solving
12 methodology in many corporations.
13 IBM has a 12-step method.
14 We in the Department of Revenue use
15 Association for Quality and Participation's
16 12-step method. It's free. We don't have to
17 pay for it. We train our people in it.
18 This team recognition award was our estate
19 tax team that used that methodology, and this
20 is a national competition, more to determine
21 whether that -- that -- whether that
22 methodology is well deployed in your
23 organization.
24 The estate tax team won that national
25 competition; increased performance of the
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE 36
October 10, 2000
1 estate tax process 60 to 80 percent; provided
2 $100,000 in savings annually.
3 Fifty thousand estate tax filers don't have
4 to file anymore, and we substantially
5 simplified the process, and that was
6 recognition of using that tool.
7 We deploy that quite extensively throughout
8 our -- our change management system.
9 We also received the LBJ School of Public
10 Affairs National Excellence Award for our
11 customer service excellence, our diversified
12 way of trying to provide customer service.
13 Those are just some of the things that kind
14 of give you an idea of how we're trying to get
15 private sector projects --
16 GOVERNOR BUSH: What does L-- LBJ stand
17 for?
18 MR. ZINGALE: The Lyndon B. Johnson School
19 of Public Affairs national award.
20 I'll get there.
21 In terms of a major priority in the current
22 year carrying over to the coming year is our
23 planning system. We are completely organized
24 by business process.
25 Yesterday at 12:00 o'clock, we deployed our
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE 37
October 10, 2000
1 strategic plan vis-a-vis the Intranet to all of
2 our State employees. They can sit there and
3 look strategically at where they fit in the
4 strategic plan.
5 We're going to continue to make refinements
6 in that as this year rolls forward. And we
7 expect to have it up on the Internet so that
8 everybody in the world, Governor, Cabinet,
9 public, can see what our long-term strategic
10 plan looks like, and what our goals and
11 objectives are.
12 The strategic plan does focus in and
13 concentrate on radically changing 32 of our
14 82 business processes using any one of those
15 five methodologies that we talked about. We're
16 quite excited about it.
17 It is aligned, not only our three-year
18 plan, with the request of the Governor's
19 five-year plan. But we are currently in the
20 process of working with the House and Senate to
21 align it directly into the ZBB strategic
22 planning process.
23 So we will have planning three years,
24 five years, linked into ZBB. Our budget is
25 also organized that way. So we'll be sitting
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE 38
October 10, 2000
1 down there able to communicate to our employees
2 from the Appropriations Act straight down to
3 the bottom.
4 They can see where we're headed, where
5 we're going. We expect this spring to have
6 them start to participate in our strategic
7 planning process on-line, ideas and suggestions
8 bubbling up from down into the organization
9 about how we can cut costs and increase
10 productivity.
11 The child support program last year was one
12 of our best years. Even with declining case
13 loads, we had a 12 percent increase in revenue.
14 We are currently fostering a number of
15 pilots. We have a joint pilot with -- Children
16 and Families has a potential of saving
17 12 million dollars on the Children and Families
18 side.
19 We also have a major revamping of our
20 judicial process with a major pilot and study
21 we're doing with the State Court
22 Administrators.
23 So our planning process is directing
24 change. Child support has moved its way since
25 we got the program from one of the worst in the
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE 39
October 10, 2000
1 country to about average. As I told you
2 previously, we still have a long way to go
3 before we're in the top five. Certainly expect
4 to make major progress in the coming year.
5 GOVERNOR BUSH: When do you anticipate
6 being in the top five?
7 MR. ZINGALE: If you fund our computer
8 system, and we get a few law changes this year,
9 in about four years.
10 GOVERNOR BUSH: Four years you said?
11 DR. ZINGALE: Yeah.
12 General tax administration is obviously
13 where we kind of shine in terms of national
14 rankings. Our computer system has been in
15 three phases.
16 Phase I was to deal with front-end
17 remittance processing. We do two --
18 24.3 billion dollars a year of revenue
19 processing a year, 18.2 billion of it comes in
20 electronically. No checks coming in the
21 mail room anymore, it comes in wire to wire.
22 And today, 6.1, which as far as we know, is
23 the largest in the country, comes in the date
24 it comes in electronically, some over the
25 Internet, some over telephones. So EFT, EDI,
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE 40
October 10, 2000
1 we have a highly automated, very efficient
2 system to process funds.
3 Phase II is what we are going in right now.
4 We have nine taxes integrated. In the coming
5 14 months, we're going to be bringing up
6 corporate income tax, we're going to be
7 bringing up sales tax. And when those two
8 systems are up, we believe we'll have the
9 largest integrated tax system in the country,
10 bar none, using today's modern technology.
11 Property tax administration, I haven't seen
12 it today. But I'm told vis-a-vis the beeper,
13 that we received our letter from the
14 Attorney General -- from the Auditor General's
15 Office today stating that our plan to improve
16 the property tax system is totally responsive
17 of the Auditor General's recommendation.
18 It was a very, very detailed document now.
19 It's not a general plan. It goes into deadline
20 dates, deliverables.
21 We've worked very hard with them in the
22 last two months to get it to this state. It's
23 about a 30-page document.
24 That plan though, we didn't wait for.
25 We've been working quite hard in July and
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE 41
October 10, 2000
1 August to implement a number of the major
2 changes that are already in there.
3 In two weeks when we have the next Cabinet
4 meeting, we'll be giving our first detailed
5 status report of -- of where we are in reaching
6 those objectives.
7 Administrative services, the world
8 typically leaves them out. We're kind of proud
9 of our administrative services people.
10 They not only help lead our United Way
11 drive, but they also are widely recognized.
12 I think we have the best payment rate in the
13 state, and have for all of last year in terms
14 of better payments paid timely and accurately.
15 Ninety-nine point nine three percent of our
16 vendor payments are paid. We have some of the
17 cheapest rental facilities in State government
18 in terms of taking advantage of very favorable
19 markets all throughout the state; and being
20 able to convert into a lot of malls; a lot of
21 activity like that where we could get cheaper
22 State rent; and in all honesty, with better
23 facilities.
24 We've been very successful at finally
25 kicking off our P-Card program. We're seeing
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE 42
October 10, 2000
1 not only the number, but the utilization of
2 that work.
3 Our mentoring program is well deployed down
4 in the organization. Not just here in
5 Tallahassee. We used our awards program to
6 serve as the contacts with our employees.
7 Monitoring the first two months of this
8 fiscal year, our One Florida program is
9 substantially an increase from what it was in
10 the previous year.
11 And as you can tell, we're all very proud
12 of the hard work that our employees did in our
13 United Way campaign this year.
14 I think you've got to know a little bit
15 about the Department of Revenue employees. For
16 years and years and years, they have had
17 internal programs designed to look at our
18 employees.
19 During critical times of the year and
20 hardship situations, we have a lot of fund
21 drives throughout the year, a lot of private
22 contributions go to help our own employees. We
23 call it the REAP program.
24 All we had to do this year was tap into
25 that spirit, and our employees felt like
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE 43
October 10, 2000
1 United Way was the same kind of program, only
2 with somebody else, and they -- they really
3 pitched in.
4 Every -- every year we do a climate survey.
5 I think you'd want to know where the Department
6 of Revenue is in terms of performance in terms
7 of where it's headed.
8 We go in and survey all of our
9 5,500 employees. It's a very detailed climate
10 survey. We asked them a wide variety of
11 questions from how well the management is
12 performing, to their training needs, their
13 facilities needs.
14 This year, I wanted to report that
15 87 percent of our employees responding -- or
16 87 percent responded that they were proud to
17 work for the Florida Department of Revenue. By
18 any stretch of the imagination in government,
19 those are remarkable statistics.
20 We had about 85 percent participation in
21 that survey.
22 We learn a lot from that survey in terms of
23 what employees needs. They flagged in the last
24 year things that probably are true in many
25 State agencies.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE 44
October 10, 2000
1 They flagged promotional opportunities,
2 employee selection process, employee evaluation
3 system. We have had teams looking at those for
4 some time now. We're reengineering our
5 recruitment and selection process, and we're
6 trying to put in place a private sector
7 evaluation system.
8 We think that's somewhat important, because
9 we believe that someday the world's going to
10 turn around and look at State government and
11 say, we need competitive based pay everywhere.
12 And that we need a recognition system to reward
13 for performance.
14 When that time comes, we want to be able to
15 look at you and say, well, we have that
16 evaluation system in place, that we don't mind
17 being the first pilot out there.
18 If you want to try to run government like a
19 business, and we are trying to run government
20 like a business as best as we can, sometime or
21 other, we're going to have to put some private
22 sector pay systems in place to provide the kind
23 of incentives for the improvements that we
24 need.
25 That's kind of a highlight. It's kind
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE 45
October 10, 2000
1 of --
2 GOVERNOR BUSH: You ready to start that
3 this year?
4 DR. ZINGALE: We are. Any time you're
5 ready, we're ready.
6 GOVERNOR BUSH: Okay.
7 DR. ZINGALE: Goals for next year.
8 We monitor about 250 performance measures
9 across our business processes. The Legislature
10 cuts that down to 39.
11 We have selected 16 working with your staff
12 to put in this performance contract. They're
13 not dissimilar for next year. Matter of fact,
14 I'd call many of them conservative.
15 What I'm telling the staff through our
16 strategic planning process is we want to see a
17 lot of these measures that you see here,
18 particularly in the child support area,
19 exceeded way beyond what the Legislature has
20 asked us to perform.
21 We've added, too, this year in
22 administrative services. We think they deserve
23 performance measures, too. We want to be able
24 to continue and improve on our timely filing,
25 and we want to continue to keep our rental
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE 46
October 10, 2000
1 rates some of the lowest in State government.
2 So we've added those to enter the system.
3 That's the highlights of our contract.
4 We're kind of proud to be those that the world
5 looks to to experiment in, and I would really
6 like to have a competitive based pay system
7 someday. And we'd be glad to volunteer for
8 that.
9 COMMISSIONER GALLAGHER: Move item -- move
10 Item 2, performance contract.
11 GOVERNOR BUSH: Is there a second?
12 ATTORNEY GENERAL BUTTERWORTH: Second.
13 GOVERNOR BUSH: Moved and --
14 MR. ZINGALE: Okay.
15 GOVERNOR BUSH: -- seconded.
16 Without objection, it's approved.
17 DR. ZINGALE: Item 3, we'd like to
18 request --
19 GOVERNOR BUSH: Zingale, I love the fact
20 you're enthusiastic about all this stuff.
21 COMMISSIONER GALLAGHER: Collecting money.
22 How can you not be?
23 GOVERNOR BUSH: Well, I mean, never -- I
24 don't think the IRS Director would speak with
25 such passion about his -- his job. I don't
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE 47
October 10, 2000
1 think that's the nature of the beast.
2 But the fact that we have someone who
3 really wants to serve people and collect taxes
4 all the while is kind of cool.
5 I -- I appreciate --
6 MR. ZINGALE: We're all --
7 GOVERNOR BUSH: Some of that stuff was
8 pretty boring you talked about, but you talked
9 about it so ex-- in such -- you're committed to
10 it, and I appreciate it. I think it's
11 important for people to really have a zeal for
12 service, and you've got it.
13 DR. ZINGALE: I think the exciting part
14 today is that we see that excitement coming
15 from deep down in the organization.
16 GOVERNOR BUSH: That's great.
17 MR. ZINGALE: Much more important than
18 having me be excited about it.
19 Okay. Item Number 3, request approval and
20 authority to file two rule amendments repealing
21 redundant and unnecessary language dealing with
22 certification of sales and application of
23 payment.
24 COMMISSIONER GALLAGHER: Motion on 3.
25 ATTORNEY GENERAL BUTTERWORTH: Second.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE 48
October 10, 2000
1 DR. ZINGALE: Item Number 4, request --
2 GOVERNOR BUSH: Whoa, whoa, whoa, whoa.
3 We've got a motion and a second.
4 Without objection, it's approved.
5 Okay.
6 That enthusiasm's coming out, isn't it?
7 COMPTROLLER MILLIGAN: Yeah. Moving right
8 over it.
9 GOVERNOR BUSH: Item 4.
10 DR. ZINGALE: Item 4, request approval and
11 authority to file one sales tax rule amendment
12 repealing redundant and unnecessary rule
13 language.
14 COMMISSIONER GALLAGHER: Motion on 4.
15 GOVERNOR BUSH: Is there a second?
16 ATTORNEY GENERAL BUTTERWORTH: Second.
17 GOVERNOR BUSH: Moved and seconded.
18 Without objection, it's approved.
19 DR. ZINGALE: Thank you very much.
20 GOVERNOR BUSH: Thank you.
21 (The Department of Revenue Agenda was
22 concluded.)
23 * * *
24
25
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION 49
October 10, 2000
1 COMMISSIONER GALLAGHER: Are we doing
2 Education next, or Trustees? Education?
3 MR. PIERSON: Education.
4 Item 1 is the adoption of a resolution for
5 a hundred and sixty-seven million two hundred
6 thousand dollars in PECO bonds, 1999 Series E.
7 COMMISSIONER GALLAGHER: Motion on 1.
8 ATTORNEY GENERAL BUTTERWORTH: Second.
9 GOVERNOR BUSH: Moved and seconded.
10 Without objection, it's approved.
11 MR. PIERSON: Item 2, proposed rules by the
12 State Board of Independent Colleges and
13 Universities, 6E-1.0032, Fair Consumer
14 Practices; 6E-1.0034, Fees and Expenses; and
15 6E-1.0035, Permission to Operate.
16 COMMISSIONER GALLAGHER: Motion on 2.
17 ATTORNEY GENERAL BUTTERWORTH: Second.
18 GOVERNOR BUSH: Is there a second?
19 ATTORNEY GENERAL BUTTERWORTH: Second.
20 GOVERNOR BUSH: Moved and seconded.
21 Without objection, it's approved.
22 Thank you, Wayne.
23 (The State Board of Education Agenda was
24 concluded.)
25 * * *
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 50
October 10, 2000
1 MR. STRUHS: Good morning, Governor,
2 Cabinet members.
3 COMMISSIONER GALLAGHER: Motion to defer
4 Item 1.
5 GOVERNOR BUSH: Is there a second?
6 ATTORNEY GENERAL BUTTERWORTH: Second.
7 GOVERNOR BUSH: Motion to defer, and a
8 second.
9 Without objection, it's approved.
10 Defer till October 14-- 24th?
11 COMMISSIONER GALLAGHER: I don't know that
12 we had a specific date.
13 Do we?
14 MR. STRUHS: We don't have a specific
15 date --
16 GOVERNOR BUSH: Okay.
17 MR. STRUHS: -- no, sir.
18 COMMISSIONER GALLAGHER: Just defer it
19 until they're ready for it.
20 GOVERNOR BUSH: All right.
21 MR. STRUHS: Item Number 2, we're
22 recommending approval of a five-year
23 sovereignty submerged land lease, and
24 authorization for the placement of riprap for
25 the construction of a 45-slip commercial
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 51
October 10, 2000
1 docking facility.
2 There's a number of folks who want to
3 speak, three gentlemen in particular:
4 Dr. LaVey, who is from Collier County, and
5 lives across the water from the proposed
6 facility; Mr. Pat Rose from the Save the
7 Manatee Club; and then Mr. Tom Gardner,
8 representing the applicant.
9 If it suits the members of the Cabinet,
10 I'll call them up in that order?
11 Dr. LaVey.
12 I've -- I've advised them to keep their
13 comments to approximately 3 to 5 minutes.
14 I think there are some handouts.
15 DR. LaVEY: I would like to provide the
16 first, please -- presentation.
17 Here's four. Please give one to
18 Governor Bush.
19 GOVERNOR BUSH: Good morning, Doctor.
20 How you doing?
21 DR. LaVEY: Good morning, Governor. Thank
22 you for having me.
23 Good morning, Governor and the Cabinet.
24 I'd like Mr. Nelson also to listen to what
25 I have to say.
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 52
October 10, 2000
1 I'm a full-time resident of
2 Everglades City.
3 And I represent --
4 GOVERNOR BUSH: You don't -- only you --
5 you only want Mr. Nelson, or the rest of us,
6 can we listen, too?
7 DR. LaVEY: Oh, yeah. All of you. But --
8 GOVERNOR BUSH: Okay.
9 DR. LaVEY: -- as the
10 Insurance Commissioner, the disaster that can
11 occur to this.
12 What this is is a 52-acre property of which
13 25 acres can be developed, and the remainder is
14 wet mangrove land. There is no access road,
15 only a dirt path, which is full of potholes.
16 In Section 1 of my presentation, I
17 respectfully request that for immediate
18 dismissal of the construction site, based upon
19 the DEP letter dated July 23, 1992, which is
20 substantiated by the Corps of Engineers,
21 Department of the Army criteria, number 5,
22 which states:
23 Reevaluation of the permit decision, the
24 office may reevaluate its decision on this
25 permit at any time if the circumstances
ACCURATE STENOTYPE REPORTERS, INC.
TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND 53
October 10, 2000
1 warrant.
2 Circumstances that could require an
3 evaluation at any time include: Failure to
4 comply with the terms and conditions of the
5 permit. The information provided by the
6 applicant fails to support the criteria, and
7 have been false, incomplete, or inaccurate, and
8 significant new data surfaces.
9 (Secretary Harris exited the room.)
10 DR. LaVEY: To support this, there are
11 18 negative responses, representing 28 persons
12 from the adjacent property owners group
13 demonstrating negative public interest.
14 This has been denied us by the DEP in
15 Fort Myers. There is a gross engineering
16 failure by Turrell & Associates, which allows
17 for a reckless disregard to protect the safety
18 of the adjacent landowners and persons of the
19 property.
20 And if you'll see in Section 4 under
21 Turrell and Associates' plan, in the response,
22 Mia Nykoluk states: Concrete pilings similar
23 to those used in bridge construction will be
24 used to hold the concrete floating docks in
25 place. These pilings will be placed 12 to
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1 15 feet into the sediment, leaving an
2 additional 10 feet above the MHWI, mehigh --
3 mean high waterline, which will allow for the
4 docks to remain in place even during a storm
5 surge.
6 Unfortunately, the geologic table of the
7 Barron River shows that there are 5 feet of
8 soft mud atop 2 to 3 inches of lime rock. And
9 then when perforated, the next support layer of
10 lime rock is approximately 30 feet below this
11 level, and only soft mud occurs between.
12 What would happen during a storm surge or a
13 hurricane is a -- a danger to the persons
14 living in the area, and their property, and the
15 insurers who are insuring us.
16 There's nothing to support these docks. I
17 queried Mia Nykoluk on what would happen, not
18 mentioning the engineering failure to her, and
19 she said, well, in case of a hurricane, they're
20 going to be all over the city anyway.
21 To substantiate this rebuttal, the DEP has
22 just, with reckless disregard of any of these
23 letters, 18 people, 28 -- 18 negative letters,
24 28 people involved, have written to them not
25 wishing this to go through, and we have been
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1 disregarded.
2 They have been misinformed as far as
3 sea grasses being available. This is a route
4 for manatees. I have photographs in there of
5 multiple manatee sitings taken at different
6 times of the year.
7 (Secretary Harris entered the room.)
8 DR. LaVEY: Plus they want to place a fuel
9 pump-out station directly across from my home.
10 And I have photographs showing where the water
11 table has risen 24 inches above the area that
12 they want to place this fuel pump-out station
13 with flooding when the wind occurs out of any
14 of the western quadrants.
15 If you want a substantiation about the
16 geologic table, Don Barton, who's a local pile
17 driver and dock builder has perforated several
18 times, and had to replace pilings when he goes
19 through this 5-foot layer of mud bec-- with an
20 additional piling. It happened when he built
21 my dock.
22 There is -- for this dock, across the way,
23 they have simply reduced these finger channels
24 10 feet. It abuts directly on the channel --
25 out of the navigational channel, and makes a
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1 turning basin out of a navigable channel.
2 The Coast Guard, who has never inspected,
3 has given them a conditional approval of it
4 stating that they have to have lights on the
5 project. They want to have reflectors.
6 Boating traffic -- what this is is a -- the
7 Barron River -- it's at the mouth of the
8 Barron River where it enters from an open bay,
9 and it becomes a cylinder where the tide speeds
10 up. The tide flow is approximately 4 feet in
11 the Barron River. It makes docking almost
12 impossible at idle speeds.
13 And these are improved -- have been
14 approved by the Coast Guard, the Florida Marine
15 Patrol, who is in absentia, and they -- I have
16 provided a copy of their letter here where they
17 state they visit Everglades City once a month,
18 if it's twice a year, and it's to have lunch at
19 the Rod and Gun Club.
20 It's very dangerous ecologically if we have
21 a breakthrough and very dangerous to our -- to
22 our well-being, our property. I don't want to
23 have a storm blowing materials from these docks
24 up on my -- my property or hurting me.
25 And I want to protect the manatees that
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1 traverse the river. They will be forced out
2 into the center of the Barron River if this
3 project is allowed.
4 And there's just one manatee has recently
5 been hit in Everglades City and I believe is up
6 here for treatment.
7 So just to summarize, you will find all of
8 my contents in the agenda which is on the
9 inside page of this. And I have substantiated
10 all of my allegations with photographs that are
11 plainly visible.
12 And an aerial -- and you want to -- one
13 other situation. This Mia Nykoluk from
14 Turrell & Associates is totally unaware that
15 there is a large oyster bar across from her
16 property, directly.
17 I have taken aerial photographs of it and
18 I've taken a photograph from their sea wall at
19 low tide. And that further reduces the size of
20 the navigable channel.
21 The project is a danger to boating, it's a
22 danger to people living in the area, and I
23 respectfully request that you evaluate it as
24 such.
25 GOVERNOR BUSH: Thank you, Doctor.
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1 Appreciate you coming up.
2 How's --
3 MR. STRUHS: Dr. Rose is next.
4 GOVERNOR BUSH: How's the fishing down in
5 Everglades City, by the way?
6 DR. LaVEY: It's great. I'll send you an
7 e-mail.
8 Thank you, sir. It's my pleasure.
9 And I want to thank you for allowing me to
10 come here and speak with you this morning, even
11 if it is 3 minutes.
12 GOVERNOR BUSH: Well, you -- you broke --
13 you got past the 3-minute barrier.
14 DR. LaVEY: Thank you, sir.
15 MR. ROSE: Good morning, Governor.
16 GOVERNOR BUSH: Good morning.
17 MR. ROSE: Thank you again for pulling
18 together the summit for the 19th. We're
19 very -- very appreciative, looking forward to
20 it.
21 In fact, it's in that spirit that I come
22 today.
23 We feel that -- that the most appropriate
24 thing to do on this item would be to defer it,
25 and to give us a chance to work out some of
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1 these uncertainties. This is a very, very
2 important place for manatees.
3 I want to emphasize that we're not opposed
4 to having new developments for boating in
5 Collier County, even though it's one of the
6 most dangerous counties for manatees in the
7 state.
8 But we -- I do want to reemphasize that the
9 Collier County protection plan, there is one
10 that's adopted, was never appropriate to
11 protect manatees, unlike the Citrus County plan
12 that -- that was adopted, that we supported, we
13 supported the Dade County plan.
14 The Collier plan was forced through with
15 inadequate protections for manatees. And maybe
16 a quick example of how that could be.
17 This project is not going to develop nearly
18 at the capacity that the plan would have
19 allowed it to do. But still the development
20 that's being proposed, with the protections
21 that are there, are not adequate to protect
22 manatees where this location is. It's a very
23 important place.
24 There's some things, however, we feel could
25 be done in order to make this a safer project,
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1 and we'd like the time to sit down with the
2 applicant and the others, and work through
3 those.
4 And that --
5 GOVERNOR BUSH: Is the applicant --
6 MR. ROSE: -- would occur after the summit
7 on the 19th --
8 GOVERNOR BUSH: Is the applicant here?
9 MR. ROSE: -- if you'll allow me to do
10 that.
11 MR. STRUHS: Yes, sir.
12 Mr. -- Mr. Gardner is here representing the
13 applicant. He was going to speak after
14 Mr. Rose.
15 GOVERNOR BUSH: Okay. Well, but is -- is
16 the applicant in agreement with --
17 MR. GARDNER: Governor, members of
18 the Board.
19 This project has been in the development
20 stage for a number of years. And a number of
21 the questions that have been raised or the
22 issues have been raised over that period of
23 time have been addressed.
24 One of the concerns initially was the
25 development of slips in the creek, adjacent
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1 creek. All that development has been
2 eliminated.
3 Right now, what we're talking about is a
4 45-slip marina that would be at the mouth of
5 the Barron Collier River, which is really the
6 most appropriate place at that river, as was
7 indicated by the first speaker.
8 The river trunks down as you go into it.
9 At this point, it's at its widest point.
10 The river is idle speed, so it's passed
11 navigational tests by the Coast Guard, Corps of
12 Engineers, and the Marine Patrol.
13 But we've listened to concerns that have
14 been raised by the Manatee -- Save the Manatee
15 Club. And we're concerned that everybody have
16 an opportunity to finalize their concerns, and
17 they all be looked at.
18 I know the summit's coming up on the 19th.
19 The applicant would be willing to defer this
20 item to the next Cabinet meeting, which would
21 be the 24th, if the Board so chooses.
22 COMMISSIONER GALLAGHER: Motion to defer.
23 COMPTROLLER MILLIGAN: I think that would
24 be a good idea.
25 GOVERNOR BUSH: Is there a second?
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1 SECRETARY HARRIS: I think it's a good
2 idea. I'll second.
3 GOVERNOR BUSH: Any disc-- there's a motion
4 to defer and a second.
5 Any discussion?
6 ATTORNEY GENERAL BUTTERWORTH: Governor, is
7 that open-ended? The applicant might want it
8 on the 24th, but we -- we may not want it on
9 the 24th.
10 GOVERNOR BUSH: Well, I mean, they can have
11 an up or down vote.
12 ATTORNEY GENERAL BUTTERWORTH: Okay.
13 SECRETARY HARRIS: Governor --
14 GOVERNOR BUSH: Don't you think?
15 ATTORNEY GENERAL BUTTERWORTH: Sure.
16 GOVERNOR BUSH: Yeah.
17 SECRETARY HARRIS: I think that's a wise --
18 a wise decision in terms of all that we used --
19 we -- previously we approved one or two marina
20 sitings almost every Cabinet meeting, and now
21 we're going to have the summit.
22 So I think we'll be consistent and not
23 arbitrary to be able to postpone so that we can
24 take the results from the -- the summit, and be
25 able to work with it consistently
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1 across-the-board.
2 GOVERNOR BUSH: There's a motion to defer
3 and a second.
4 Without objection, it's approved.
5 Thank you very much for your cooperation.
6 MR. STRUHS: Thank you.
7 Item Number 3, we're recommending approval
8 of an option agreement to acquire 655 acres in
9 the Green Swamp CARL project.
10 COMMISSIONER GALLAGHER: Motion on 3.
11 ATTORNEY GENERAL BUTTERWORTH: Second.
12 GOVERNOR BUSH: Is there a second?
13 ATTORNEY GENERAL BUTTERWORTH: Second.
14 GOVERNOR BUSH: Moved and seconded.
15 Without objection, it's approved.
16 COMMISSIONER GALLAGHER: Defer 4.
17 MR. STRUHS: Item 4, we're recommending a
18 deferral.
19 GOVERNOR BUSH: Is there a second?
20 COMMISSIONER GALLAGHER: Motion to defer 4.
21 ATTORNEY GENERAL BUTTERWORTH: Second.
22 GOVERNOR BUSH: Moved and --
23 A motion to defer and a second.
24 Without objection, it's approved.
25 MR. STRUHS: On Items Number 5 and 6, both
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1 items relate to a greenway and trail program.
2 And in briefing the Cabinet Aides in
3 preparation for today's meeting, they requested
4 for -- for your benefit a -- a brief
5 presentation on the greenways and trails
6 program.
7 And I think it has been reduced to just a
8 few minutes of videotape.
9 So if we could ask for your attention to
10 that, we'll then take up Items Numbers 5 and 6.
11 While they're setting that up, maybe I can
12 get things moving here.
13 Item Number 5 and Item Number 6 are both
14 proposals in the City of Winter Springs. And
15 what we may want to do after the tape concludes
16 is if it's -- if it meets with your approval,
17 is to invite Mayor Partyka, who is here today
18 with us, to speak to both items up-front, and
19 then the Cabinet can consider the two items
20 separately. It just may be more efficient to
21 do it that way.
22 GOVERNOR BUSH: All right.
23 MR. STRUHS: And, indeed, why don't we just
24 have the Mayor go first, and then we'll do the
25 tape after that.
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1 Is Mayor Partyka here?
2 Paul Partyka.
3 Thank you.
4 MR. PARTYKA: Thank you, Secretary.
5 GOVERNOR BUSH: I'm sure we can do this
6 without --
7 MR. STRUHS: Yes, sir.
8 GOVERNOR BUSH: -- the video.
9 MR. PARTYKA: Well, let me -- let me just
10 say, good morning on this bright, brisk day in
11 Tallahassee.
12 And I want to thank the Governor, and the
13 Honorable members of the Cabinet for allowing
14 us to speak here.
15 And what I'd like to do is, before I start
16 with my talk, I'd like to introduce the people
17 that are here to support these two items.
18 And I'll just go in order.
19 We have Deputy Mayor Cindy Genell.
20 MS. GENELL: Right here.
21 MR. PARTYKA: Okay.
22 We have the whole crew in front of me -- or
23 behind me.
24 We have Commissioner Michael Blake.
25 MR. BLAKE: Good morning.
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1 MR. PARTYKA: Commissioner Miller.
2 MR. MILLER: Good morning.
3 GOVERNOR BUSH: We have City Manager,
4 Ron McLemore.
5 MR. McLEMORE: Good morning.
6 MR. PARTYKA: We have the Director of
7 Community Development, Charles Carrington.
8 MR. CARRINGTON: Good morning.
9 MR. PARTYKA: We have the
10 Trails Coordinator for Seminole County,
11 Ginger Hoke.
12 MS. HOKE: Good morning.
13 MR. PARTYKA: We have our legislative
14 consultant, Jerry Sansom.
15 MR. SANSOM: (Indicated.)
16 MR. PARTYKA: We also -- I just want to say
17 this: We do have the support of
18 Seminole County. And Commissioner Randy Morris
19 would have been here, but they have a
20 Commission meeting today. So they can't do
21 that.
22 In its place, we have former
23 Lieutenant Governor Bobby Brantley, supporting
24 and representing the County over there.
25 So again, thank you all.
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1 I do want to highlight one thing. For the
2 first time in the 41-year history of
3 Winter Springs, we canceled our regular meeting
4 yesterday so we could all be here.
5 So very, very important to do that.
6 Now, in terms of some of the good things.
7 We want this project to be a partnership
8 between the City, County, State, Federal
9 government, and our citizens, and the natural
10 environment.
11 More specifically, we'd like the
12 State of Florida to be a partner in the City's
13 plan to create a green space infrastructure and
14 enhance the trail.
15 The trail will provide the connectivity
16 between the City's environmental, historical,
17 and educational destinations.
18 GOVERNOR BUSH: Excuse me.
19 MR. PARTYKA: Okay.
20 GOVERNOR BUSH: See you later, Charlie.
21 MR. PARTYKA: Stay, stay.
22 People like living near trails. Quality of
23 life is enhanced; and trails provide an
24 opportunity for species, both animal, and
25 plant, not to disappear.
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1 Additionally, we hope the trail will be the
2 engine that drives the economic activity in the
3 region, and grow to be an important part of the
4 fabric of the community that is Winter Springs.
5 The trail has already become a people friendly
6 place to be on our eastern side of the city.
7 But it must continue.
8 This section can provide the connection
9 from the east, through our future downtown, to
10 the west side as it connects to the rest of the
11 county, and eventually to trails throughout the
12 state.
13 That is connectivity, and that is why this
14 project is important, not just for
15 Winter Springs, but for the entire green space
16 infrastructure of the state.
17 And why? Because this is part of the
18 Lake Jessup ecosystem, and we want to save as
19 much as we can.
20 The funds that we are requesting are only
21 to acquire these important environmental lands,
22 and will provide destinations for our trail
23 users.
24 Furthermore, we will not need additional
25 funds to acquire lands for trail right-of-ways
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1 in any future plans.
2 With your help, the City will finish the
3 trail by having it run through our entire city
4 in the not too distant future.
5 Now, in summary, we are not asking the
6 State to help finance construction of the
7 Town Center. The City and private sector will
8 do that.
9 But we do need help in acquiring the land
10 for the green space infrastructure, and to
11 enhance the connectivity of the trail system in
12 the city for the benefit of its citizens, both
13 locally and regionally, and for the benefit of
14 the State as it eventually connects to all the
15 other major conservation areas.
16 Please approve these items and help us make
17 our city a lot more green and a lot more
18 natural, while having the State meet its goals
19 of green space connectivity.
20 Again, Governor, and Honorable members of
21 the Cabinet, thank you for allowing us to speak
22 here.
23 We have our staff, and we can answer these
24 questions that may come up.
25 I do want to say one thing in anticipation.
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1 I understand there was a potential issue in
2 terms of the value of the lands that we're
3 talking about and whether it's a fair price.
4 I do want to say this. As background, I
5 happen to be a real estate broker, as well as a
6 mortgage broker, and am associated with the
7 Real Vest Partners, which is the top appraisal
8 company and the largest appraisal company in
9 central Florida. So I have some experience,
10 and I've done this and worked with other cities
11 as their lead broker.
12 The City of Winter Springs 10 years ago,
13 15 years ago, was a rural city. We're now
14 talking urban versus rural. It was a city that
15 had only 14,000 people in 1986 when I came into
16 town.
17 Today it's 31,000, and growing. And it's
18 heading towards 40,000. We were a two-lane
19 road at the time. We're now a four-lane
20 highway. We have an entrance and exit ramp off
21 the Greenway Expressway.
22 We have four lanes coming in from both
23 sides of -- of the city. The City of
24 Winter Springs now has a Magnet high school
25 right in the heart of our downtown.
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1 We have a city that is the hub of many
2 other cities. People come from Oviedo, people
3 come from Longwood, we're a few minutes away
4 from the Sanford/Orlando airport, or a few
5 minutes away from the Orlando airport.
6 We even have a McDonald's right in the
7 heart of our downtown that's on the Schrimsher
8 property, which is 120 acres.
9 So finally to say that we are a small town,
10 we're not. We're a growing town.
11 And the most important thing out of all
12 this, we want to become even better, and we
13 want to merge the two issues of green space and
14 city together.
15 GOVERNOR BUSH: Can you describe what the
16 Town Center's going to look like?
17 MR. PARTYKA: About 240 acres. Right now,
18 about 20 percent of that is developed. We're
19 going to have parks -- green space parks in
20 between the businesses.
21 We plan on having in the area, that we'll
22 have residential, we'll have business, we'll
23 have city, and educational facilities.
24 GOVERNOR BUSH: So it's not a project,
25 per se. It's a redevelopment of the entire --
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1 MR. PARTYKA: It's a redevelopment --
2 in fact, not a redevelopment, but a -- but a
3 development creating something from nothing.
4 Right now, about 20 percent of that is
5 developed. The rest, we will develop in the
6 proper fashion.
7 The net result of all this is, interesting
8 enough, the property values on -- on a segment
9 that's adjacent to this property, sold for
10 $4.50 a square foot, which right now is about
11 200,000 an acre.
12 And the asking price on this piece is
13 100,000 an acre, which is very, very much
14 discounted. And that seems to be the price in
15 the general area.
16 In fact, we have a letter from Mr. Suber,
17 who's the County appraisal (sic) that's saying
18 all the commercial pieces right in that area
19 has been appraised at $9 a square foot. And
20 we're literally a couple hundred yards away
21 from that.
22 So from a value standpoint, I think this is
23 a good value.
24 And the most important thing is, the County
25 is going to be developed out completely by
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1 2010. The City may be even quicker. We don't
2 have that much space left over.
3 So if we don't save this for green space,
4 if we don't save this for the environment, it's
5 going to be used up. And we don't want to do
6 that. That's why we need your help.
7 So again, thank you again for having us
8 here. We're excited about --
9 GOVERNOR BUSH: We're happy you're here.
10 Sorry you had to miss your meeting.
11 MR. PARTYKA: That's okay. That's not --
12 that's not so bad.
13 GOVERNOR BUSH: You were the Cal Ripken of
14 City meetings.
15 Any -- any comments, questions?
16 MR. STRUHS: Governor, just for the -- for
17 the record, and to be clear for the minutes, we
18 now need to take these items up in order.
19 And -- and Item 5 would be the next item.
20 Item 5 is the parcel for parcel exchange.
21 And if we could deal with that one, and --
22 GOVERNOR BUSH: Yeah.
23 MR. STRUHS: -- then go on to Item 6.
24 GOVERNOR BUSH: Is there --
25 ATTORNEY GENERAL BUTTERWORTH: Move Item 5.
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1 GOVERNOR BUSH: There's a motion.
2 Second.
3 All in favor, say aye.
4 THE CABINET: Aye.
5 GOVERNOR BUSH: I'm going to abstain. I
6 actually, coincidentally, was an owner of this
7 property -- a part-owner of this property, sold
8 my interest I think two or three years ago.
9 But just for the appearances sake, I'm
10 going to abstain.
11 So it passes.
12 MR. STRUHS: And Item Number 6, the
13 Department's recommending approval of the
14 acquisition of 5.91 acres for this project
15 under the Preservation 2000 Greenways and
16 Trails Program.
17 ATTORNEY GENERAL BUTTERWORTH: Motion.
18 COMMISSIONER GALLAGHER: Motion on 6.
19 Second.
20 GOVERNOR BUSH: Moved and seconded.
21 Without objection, it's approved.
22 Thank you all very much.
23 MR. STRUHS: Our last --
24 MR. PARTYKA: Thank you, Governor;
25 thank you, Cabinet.
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1 Thank you.
2 GOVERNOR BUSH: Thanks.
3 MR. STRUHS: Thank you, Mayor.
4 The last item is Number 7.
5 Here again, the -- the Cabinet Aides
6 recommended that it would be beneficial to take
7 just a few minutes, and give you an overview in
8 terms of some of the things we're doing in
9 Florida regarding our springs.
10 Because Item Number 7 is the acquisition --
11 proposed acquisition --
12 COMMISSIONER GALLAGHER: Greenways and
13 Trails didn't make it.
14 MR. STRUHS: -- of some land around
15 Madison Blue.
16 Like to introduce Dr. Jim Stevens (sic),
17 who's going to keep this very brief.
18 (Treasurer Nelson exited the room.)
19 MR. STEVENSON: Good morning, Governor, and
20 members of the Cabinet.
21 I'd like to share some information with you
22 about the values of Florida's springs, some of
23 the threats to them, and some of the protection
24 strategies that Florida needs to undertake to
25 protect them for the future.
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1 In the beginning --
2 SECRETARY HARRIS: History.
3 MR. STEVENSON: -- that is the beginning --
4 GOVERNOR BUSH: How long is this
5 presentation going to last?
6 COMMISSIONER GALLAGHER: I'm surprised they
7 didn't put Noah up there.
8 SECRETARY HARRIS: Ponce de Leon.
9 MR. STEVENSON: The European history of
10 Florida began with the discovery of Florida by
11 Ponce de Leon, and we understand that he was
12 searching for a spring when that was taking
13 place, the Fountain of Youth.
14 Actually, Florida's springs were enjoyed
15 for a very long time by the American Indians
16 where they hunted, fished, drank from, and
17 lived by the springs for some 12,000 years.
18 Florida's 600 springs are a world class
19 natural resource.
20 The largest springs are First Magnitude
21 Springs, which means that they produce
22 65 million gallons a day, or more, of fresh
23 water. We have 33 First Magnitude Springs in
24 Florida, more than any other state or country.
25 The Wakulla Springs vent, seen here, may be
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1 the largest in the world.
2 Springs are windows into the aquifer. In
3 his book, a Naturalist in Florida, Archie Carr
4 called them lovely and inspirational gifts.
5 Marjorie Stoneman Douglas said that they
6 are bowls of liquid light.
7 In 1766, the kings botanist, John Bartram,
8 marveled in his journal about Blue Spring on
9 the St. Johns River. Today Blue Spring is a
10 State Park.
11 Several of Florida's rivers are created by
12 springs, including the Wekiva, the Wakulla, the
13 Wacissa, the Rainbow, the Homosassa, and
14 others.
15 The manatees that live in north -- the
16 northern part of Florida are dependent upon
17 springs as warm water refuges for their
18 survival during the winter.
19 Springs are owned and managed by two
20 Federal agencies, three State agencies, two
21 water management districts, eleven counties,
22 four cities, many corporations, and private
23 citizens.
24 There are 32 springs in the Florida State
25 Park system, more than are managed by any other
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1 entity.
2 Annual revenue from the 12 State Parks that
3 are named for springs is over 7 million
4 dollars.
5 Springs occur in 40 counties, from Tampa,
6 Orlando, and DeLand, north and west to
7 Pensacola.
8 Gainesville's Boulware Springs, dependent
9 upon a spring for its water supply, today
10 spring flows supplements drinking water for the
11 city of Tampa, and provides all of
12 Panama City's drinking water.
13 Florida's multimillion dollar --
14 (Treasurer Nelson entered the room.)
15 MR. STEVENSON: -- bottled springwater
16 industry depends on eight springs for its water
17 supply.
18 Silver Springs, our most famous spring, has
19 been a major tourist attraction since the late
20 1800s. Springs have been the locations of
21 Indian villages, Spanish missions, steamboat
22 landings, post offices, grist mills, a trading
23 post, and several hotels.
24 Floridians have always loved their springs.
25 Several of our springs were popular health spas
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1 and recreation areas in the late 1800s.
2 One hundred years later, some are so
3 popular that they're being damaged by too many
4 feet and by too many boats. There's well over
5 300 boats in that scene.
6 Protecting springs from over-use by the
7 public is a relatively easy problem to solve.
8 Other impacts are more difficult to understand,
9 and to overcome.
10 At the Florida Springs Conference,
11 Sonny Vergara, the Executive Director of the
12 Southwest Florida Water Management District,
13 said that our springs are under siege.
14 And writer, Al Burt said: It is painful to
15 know that they are at risk.
16 The values and benefits of a spring:
17 Scenic beauty, fish and wildlife, and
18 recreation are found at the spring. They are
19 dependent on water. Protection of the water
20 must be applied before it reaches the spring in
21 the recharge area.
22 Springs are drains of the aquifer. The
23 land uses in the recharge area determines what
24 comes out of the drains.
25 Whether it's direct flow into sinkholes, or
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1 down through the soils, the contaminants
2 eventually get into the aquifer, and leave the
3 aquifer through the drains or the springs.
4 There are many land uses that affect our
5 springs. Here you note the City of Tallahassee
6 with its skyscrapers. We have -- we have
7 stormwater run-off from the City. We also have
8 a water -- or a waste treatment plant, a
9 landfill, underground leaking gas tanks, a
10 lime rock mine, and other land uses that can
11 contaminate the groundwater.
12 These contaminants enter fractures and
13 crevices in the limestone, and pass through
14 major conduits out to our springs.
15 The best protected springs in the state of
16 Florida, these five springs where you see the
17 blue dots, are in Ocala National Forest. They
18 are protected because their entire recharge
19 area lies within the national forest, and its
20 purpose is conservation and low intensity
21 forestry.
22 And this helps to make that point. You'll
23 note, this a graph of nitrates in some of our
24 springs. You'll note Lithia Springs, beginning
25 in the 1940s, the nitrates were very low, near
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1 zero. The red line is 1 milligram per liter.
2 And note how the nitrates went up in
3 Lithia Springs to as high as 3 milligrams per
4 liter.
5 Fanning Springs on the Suwannee River, note
6 also from the beginning -- or the mid 1950s,
7 how the nitrates climbed to 3.5 milligrams per
8 liter --
9 GOVERNOR BUSH: This is -- this is from
10 agriculture runoff and urban runoff?
11 MR. STEVENSON: Fanning Springs is probably
12 agriculture, perhaps some septic tanks;
13 Lithia Springs was fertilizers from
14 citrus groves in the past.
15 But note Juniper Springs, which is in
16 Ocala National Forest, the nitrates remain
17 right down there at zero over the decades.
18 So that's what it takes to truly protect
19 our springs.
20 This is White Spring, in the town of
21 White Spring in Hamilton County. This is the
22 Stephen Foster State Folk Culture Center. The
23 bathhouse in the early 1900s, you note its
24 popularity, people standing down in the water
25 to be healed by those healing waters.
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1 We look at that same exact view today. The
2 spring no longer flows.
3 GOVERNOR BUSH: God.
4 MR. STEVENSON: This is a brochure for
5 Wekiva Springs near Altamonte Springs down in
6 Seminole County. You'll note the brochure
7 states that this water cures rheumatism, kidney
8 and bladder troubles.
9 Well, today Wekiva Springs is a very
10 popular state park.
11 Note this map of the St. Johns River
12 Water Management District. We note over the
13 next 20 years, the lowering of the aquifer in
14 the Orange-Seminole County area due to
15 consumptive uses of the waters. Note, too,
16 that Wekiva Springs is there, and Blue Spring
17 is there.
18 Both springs have already lost some -- a
19 portion of their historic natural flow.
20 I wonder what their flow will be in
21 20 years when the aquifer has been lowered to
22 that level.
23 This is the recharge area noted here for
24 Blue Spring. There's the St. Johns River going
25 through the center of the recharge area.
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1 There's Blue Spring itself.
2 Note all of the dots. The red dots are
3 municipal water supply wells, the green dots
4 are agricultural wells.
5 The waters that used to flow from the vent
6 at Blue Spring, some of those waters today flow
7 out of those wells. And again Blue Spring has
8 already lost some of its natural flow.
9 This is Kissengen Spring near Bartow in
10 Polk County. It was a very popular recreation
11 area for perhaps 100 years. In 1950, it went
12 completely dry.
13 And we look at Kissengen Springs today,
14 there is still no flow, and that's because of
15 mining operations in its recharge area.
16 Sinkholes are extremely important for the
17 protection of springs. We have always thought
18 of sinkholes as places to throw things away,
19 like stolen cars, this one being pulled out of
20 Emerald Sink south of Tallahassee.
21 And what if we were to have a chemical
22 spill from a tanker accident close to a
23 sinkhole? The runoff could go directly into
24 the sink, enter the cave system beneath the
25 sink, could wipe out an entire species of cave
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1 crawfish; or as we understand, one gallon of
2 gasoline can contaminate 1 million gallons of
3 drinking water.
4 The waters flowing to these springs are
5 also being consumed by the private families
6 that live in these recharge areas.
7 So it is a family health issue.
8 And to make that point a little bit more
9 clear, here is a cave diver holding a well in a
10 spring cave. I wonder who is swimming in your
11 drinking water.
12 GOVERNOR BUSH: If you don't know, how --
13 how are we going to know?
14 MR. STEVENSON: We're going to find out.
15 And this is what our springs used to look
16 like. Note the clear water, the bluish tint.
17 Some 17 of Florida's springs are named
18 Blue Spring. Note the diversity of native
19 plant growth there.
20 Let's look at the Weeki Wachee Spring basin
21 for a moment.
22 The population growth from the mid 1950s
23 goes up rather fast. And note tracking that
24 population growth are the nitrates in the
25 groundwater. And these nitrates are primarily
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1 coming from lawn fertilizers in that populated
2 area.
3 And this is resulting in our blue springs
4 turning green. We have huge growths of algae
5 and the exotic hydrilla in many of our springs.
6 In fact, the algae is outgrowing the hydrilla
7 it's so bad.
8 And it's because we're fertilizing these
9 plants with the nitrates that are flowing from
10 the springs.
11 Our Florida Springs Task Force has
12 developed these 12 strategies that we believe
13 must be implemented in order to protect
14 Florida's springs. You'll note education is a
15 major one; as is land use planning; and
16 of course, land acquisition.
17 I won't go into those, but I would like to
18 briefly mention a couple of these for examples.
19 Note Jackson Blue Spring, a First Magnitude
20 Spring that the State of Florida purchased a
21 couple of years ago. It's in Jackson County
22 right near Marianna.
23 With the technology that we have now, we
24 can develop maps as you see here. There's
25 Jackson Blue Spring right there. And we have
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1 overlaid a cave divers map, the maps that the
2 cave divers have developed over the past
3 decade, onto that map. We note, too, the
4 entire recharge area of Jackson Blue Spring.
5 And over here is an aerial photograph
6 showing the cave system beneath those lands.
7 So we can target what areas we need to purchase
8 and concentrate on for protection of some of
9 these springs.
10 Septic tanks, of course, are an issue. We
11 do not want septic tanks on top of these cave
12 systems. You know the story about septic
13 tanks: There's the structure, there's the
14 tank, and there's the drain field.
15 The effluent comes out of the drain field
16 and can work its way, with bacteria and
17 nitrogen, down through the soils, into the
18 cracks, and down into caves.
19 Now, that may sound a little farfetched,
20 but let's look again in Jackson County at
21 Florida Caverns State Park, the
22 visitor's center constructed by the
23 Civilian Conservation Corps in the late 1930s,
24 it had a septic tank.
25 Cavers were exploring newly discovered
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1 caves in Florida Caverns about a decade ago,
2 and they ended up beneath the visitor's center
3 at Florida Caverns.
4 And note what had dripped down from the
5 ceiling onto the formations on the cave floor,
6 contents from the septic tank and its
7 drain field.
8 If it can happen in a dry cave, it can
9 happen in a cave carrying water to our springs.
10 Looking down into this First Magnitude
11 Spring, Blue Spring, note the clarity of the
12 water again. We usually think of a spring as
13 being the beginning, where the water first
14 flows from the ground where the spring run or
15 the river is created.
16 Look at this next photo, the exact same
17 scene after 6 inches of rainfall in the basin
18 of this spring, dirty waters coming out of the
19 end of the pipe.
20 Whatever we're placing in the sinkholes,
21 storm drains, and on the surface of the ground
22 in these spring recharge areas, in time, will
23 come out in our springs.
24 Sulfur Spring in Tampa. Again, a public
25 swimming area for perhaps 100 years. This
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1 photo was taken in 1920.
2 In 1986, this spring was permanently closed
3 to public use because of bacteria
4 contamination. As the City of Tampa had
5 directed their stormwater, untreated, into
6 sinkholes, it followed fractures and came up in
7 Sulfur Spring.
8 Thirty minutes from --
9 (Treasurer Nelson exited the room.)
10 MR. STEVENSON: -- Tallahassee, one of the
11 finest springs in the world, Wakulla Springs.
12 Glass bottom boats have plied these waters for
13 130 years. They are a symbol of
14 Wakulla Springs.
15 In 1995, glass bottom boats were unable to
16 operate at Wakulla Springs for 303 days that
17 year because of dark waters flowing from the
18 spring.
19 The limpkin is one of the symbols of
20 Wakulla Springs. It has long been known as a
21 place where you could go and see this bird.
22 Well, about two months ago, we learned that
23 the limpkins have disappeared from there.
24 Cave divers, fortunately, have been
25 exploring that cave system. Some of the caves
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1 are too small for them to enter. Others are
2 huge, like this one that took several cave
3 diver lights to light it up. That is beneath
4 Wakulla Springs State Park.
5 We have taken the cave maps that you see --
6 the cave divers maps, and applied it to this
7 map. Here's Wakulla Springs State Park,
8 there's Apalachicola National Forest in
9 Leon County, and we are attempting to protect
10 the lands on top of this cave system.
11 GOVERNOR BUSH: How many miles is that?
12 MR. STEVENSON: That's 5 miles.
13 From --
14 GOVERNOR BUSH: Is that the typical
15 length -- extension of these caves?
16 MR. STEVENSON: They're all variable. Most
17 springs do not have caves that cave divers can
18 explore.
19 But Wakulla Springs is one of the largest
20 cave systems in the United States.
21 We got the Wakulla County Commission to
22 create this protected buffer that lies on top
23 of that cave system, and we have been buying
24 some of the lands on top of that cave system to
25 eventually have a greenway connection between
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1 the national forest and the State park, and
2 thereby protecting some of the waters flowing
3 to the springs.
4 I'd like to -- finally, I have a lot more
5 success stories to tell you. But the Secretary
6 I think is wanting me to --
7 MR. STRUHS: Well, it's entirely up to the
8 Cabinet.
9 MR. STEVENSON: Okay. All right. Well --
10 all right.
11 I'll go until you say whoa, Governor, but
12 it won't be much longer.
13 All right. These -- one of the great
14 success stories in land acquisition in a spring
15 recharge area is in Bay and Washington County.
16 This is Gainer Springs right here.
17 The Northwest Florida Water Management
18 District has purchased 37,000 acres of the core
19 of that recharge area, and that will protect
20 Gainer Springs for all time.
21 And Gainer Springs, of course, provides
22 much of the water for the City of Panama City.
23 Education is extremely important. We are
24 educating local officials about acts that they
25 can take to protect the waters flowing to the
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1 springs.
2 This is such a field trip with a -- a
3 mayor, a city manager, a district secretary of
4 DOT, a Board member of a Water Management
5 District, and so on.
6 Probably the most important building in a
7 spring recharge area is the county courthouse,
8 because the land use decisions made here are
9 going to affect these springs for all times.
10 And we're finding that these county
11 commissioners, once informed, are making good
12 decisions for our springs.
13 I think I'll go ahead and conclude. As I
14 mentioned, there are more success stories.
15 Floridians love their springs. We have
16 taken them for granted, and that's because
17 we've not known of the deterioration that's
18 taking place.
19 Once informed, citizens, agencies,
20 businessmen, and others are taking
21 responsibility for their own pollution in order
22 to restore and protect Florida's springs.
23 Thank you.
24 MR. STRUHS: Do -- do you have the story
25 about the service station owner?
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1 MR. STEVENSON: Yes.
2 MR. STRUHS: There -- there's one story
3 that I think is particularly important, because
4 it demonstrates that the private sector, if
5 given the information, oftentimes will
6 voluntarily step up to the plate and -- and do
7 some remarkable things.
8 If you could just tell that one --
9 MR. STEVENSON: Yes.
10 I was passing this service station a while
11 back, and I noted it did not have any
12 stormwater protection, and it's right on a
13 creek that goes into a sinkhole that flows to a
14 spring.
15 In noting no stormwater protection, I
16 checked on this station. It was an old
17 station, it was grandfathered in, stormwater
18 retention was not required of this owner.
19 So I went to see the president of the
20 S&S Food Stores, and explained what we're
21 trying to do to protect the springs, told him
22 about this situation at -- at his gas station,
23 and asked him if he would look into the matter
24 and see if there was a way that he could work
25 with us.
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1 I passed by the gas station a few months
2 later, and noted a stormwater retention
3 facility that he had built to capture all of
4 his stormwater runoff.
5 He was not required to by regulation, he
6 did it at his own expense because he wanted to
7 help protect Florida's springs.
8 GOVERNOR BUSH: Very good.
9 Thank you for the excellent presentation.
10 MR. STRUHS: Well done.
11 That's a -- a very nice introduction to
12 Item Number 7, which is a proposal where we're
13 recommending approval of an option agreement to
14 acquire 38.68 acres within the Florida First
15 Magnitude Springs CARL project, and
16 specifically Madison Blue Spring.
17 The current owner of that property is with
18 us today, Ms. Anna Bruic.
19 If you'd identify yourself in the back on
20 the right, please.
21 She will be happy to speak to you if you
22 have any questions, although has no need to.
23 If you have any questions about this
24 particular acquisition, I'd be happy to -- to
25 answer them.
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1 Otherwise, we would recommend approval.
2 GOVERNOR BUSH: Is there a motion?
3 ATTORNEY GENERAL BUTTERWORTH: Motion.
4 COMMISSIONER GALLAGHER: Second.
5 GOVERNOR BUSH: Moved and seconded.
6 Any discussion?
7 Without objection, it's approved.
8 MR. STRUHS: Thank you.
9 GOVERNOR BUSH: Thank you all.
10 (The Board of Trustees of the Internal
11 Improvement Trust Fund Agenda was concluded.)
12 * * *
13 (The Cabinet meeting was concluded at
14 11:21 a.m.)
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95
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1 CERTIFICATE OF REPORTER
2
3
4
5 STATE OF FLORIDA:
6 COUNTY OF LEON:
7 I, LAURIE L. GILBERT, do hereby certify that
8 the foregoing proceedings were taken before me at the
9 time and place therein designated; that my shorthand
10 notes were thereafter translated; and the foregoing
11 pages numbered 1 through 94 are a true and correct
12 record of the aforesaid proceedings.
13 I FURTHER CERTIFY that I am not a relative,
14 employee, attorney or counsel of any of the parties,
15 nor relative or employee of such attorney or counsel,
16 or financially interested in the foregoing action.
17 DATED THIS 20TH day of OCTOBER, 2000.
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LAURIE L. GILBERT, RPR, CCR, CRR, RMR
23 100 Salem Court
Tallahassee, Florida 32301
24 850/878-2221
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