Cabinet
Affairs |
1
2 T H E C A B I N E T
3 S T A T E O F F L O R I D A
4
Representing:
5
STATE BOARD OF ADMINISTRATION
6 DIVISION OF BOND FINANCE
ADMINISTRATION COMMISSION
7 DEPARTMENT OF VETERANS' AFFAIRS
DEPARTMENT OF REVENUE
8 STATE BOARD OF EDUCATION
TRUSTEES OF THE INTERNAL
9 IMPROVEMENT TRUST FUND
10
The above agencies came to be heard before
11 THE FLORIDA CABINET, Honorable Governor Chiles
presiding, in the Cabinet Meeting Room, LL-03,
12 The Capitol, Tallahassee, Florida, on Tuesday,
October 22, 1996, commencing at approximately
13 9:52 a.m.
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15
16 Reported by:
17 LAURIE L. GILBERT
Registered Professional Reporter
18 Certified Court Reporter
Notary Public in and for
19 the State of Florida at Large
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23 ACCURATE STENOTYPE REPORTERS, INC.
100 SALEM COURT
24 TALLAHASSEE, FLORIDA 32301
904/878-2221
25 1-800/934-9090
2
1 APPEARANCES:
2 Representing the Florida Cabinet:
3 LAWTON CHILES
Governor
4
BOB CRAWFORD
5 Commissioner of Agriculture
6 BOB MILLIGAN
Comptroller
7
SANDRA B. MORTHAM
8 Secretary of State
9 BOB BUTTERWORTH
Attorney General
10
BILL NELSON
11 Treasurer
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ACCURATE STENOTYPE REPORTERS, INC.
October 22, 1996
3
1 I N D E X
2 ITEM ACTION PAGE
3 STATE BOARD OF ADMINISTRATION:
(Presented by Barbara L. Jarriel, CFA,
4 Acting Executive Director)
5 1 Approved 5
2 Approved 5
6 3 Approved 8
4 Approved 11
7 5 Approved 13
Presentation 14
8
DIVISION OF BOND FINANCE:
9 (Presented by J. Ben Watkins, III,
Director)
10
1 Approved 24
11 2 Approved 24
3 Approved 25
12 4 Approved 25
5 Approved 26
13 6 Approved 26
14 ADMINISTRATION COMMISSION:
(Presented by Robert B. Bradley, Ph.D.,
15 Secretary)
16 1 Approved 27
2 Approved 28
17
DEPARTMENT OF VETERANS' AFFAIRS:
18 (Presented by Carlos L. Rainwater,
Executive Director)
19
1 Approved 94
20
DEPARTMENT OF REVENUE:
21 (Presented by L.H. Fuchs,
Executive Director)
22
1 Approved 96
23 2 Approved 98
3 Approved 102
24
25
ACCURATE STENOTYPE REPORTERS, INC.
4
1 I N D E X
(Continued)
2
ITEM ACTION PAGE
3
STATE BOARD OF EDUCATION:
4 (Presented by Robert L. Bedford, Ph.D.,
Deputy Commissioner)
5
1 Approved 103
6 2 Approved 103
3 Approved 104
7 4 Presentation 107
5 Approved 108
8 6 Approved 108
7 Withdrawn 108
9 8 Withdrawn 109
9 Approved 109
10 10 Approved 109
11 Approved 109
11 12 Approved 110
13 Approved 110
12 14 Approved 110
15 Approved 110
13 16 Approved 111
17 Approved 111
14 18 Approved 111
15 BOARD OF TRUSTEES,
INTERNAL IMPROVEMENT
16 TRUST FUND:
(Presented by Virginia B. Wetherell,
17 Secretary)
18 1 Approved 113
Substitute 2 Deferred 118
19 3 Approved 119
4 Approved 120
20 5 Approved 120
6 Approved 120
21 Substitute 7 Approved 120
8 Approved 121
22 Substitute 9 Approved 121
10 Approved 121
23 11 Approved 51
24 CERTIFICATE OF REPORTER 123
25 *
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 22, 1996
5
1 P R O C E E D I N G S
2 (The agenda items commenced at 10:55 a.m.)
3 GOVERNOR CHILES: State Board of
4 Administration.
5 MS. JARRIEL: Good morning.
6 The first item we have is approval of the
7 minutes of the meeting held on October 8th.
8 GOVERNOR CHILES: Is there a motion?
9 TREASURER NELSON: Move it.
10 GOVERNOR CHILES: Moved and --
11 COMPTROLLER MILLIGAN: Second.
12 GOVERNOR CHILES: -- seconded.
13 Without objection, it's approved.
14 MS. JARRIEL: Number 2, a recommendation to
15 approve fiscal sufficiency not to exceed
16 thirteen million three hundred and eighty-five
17 thousand Board of Regents, Florida State
18 University Housing Facility Revenue Bonds.
19 COMPTROLLER MILLIGAN: Motion.
20 TREASURER NELSON: Second.
21 GOVERNOR CHILES: Motion and seconded.
22 Without objection, it's approved.
23 MS. JARRIEL: The third item is appointment
24 of the Executive Director of the SBA.
25 It is our understanding that the Board
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 22, 1996
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1 members would like to use a balloting process in
2 selecting the Executive Director from the
3 finalist group.
4 We'd also request that upon completion of
5 the balloting and selection of the individual,
6 that a motion be made to cover attendant
7 personnel actions, which would include approval
8 of the salary rate, commensurate budget
9 amendment, and establishment of effective date.
10 GOVERNOR CHILES: General, would you pass
11 out the ballots, and --
12 ATTORNEY GENERAL BUTTERWORTH: I think you
13 already have one, Governor.
14 GOVERNOR CHILES: -- tally those --
15 Oh, we do? We have them?
16 COMPTROLLER MILLIGAN: We do.
17 ATTORNEY GENERAL BUTTERWORTH: Do you have
18 your ballot --
19 GOVERNOR CHILES: Do you have a ballot --
20 COMPTROLLER MILLIGAN: I do.
21 GOVERNOR CHILES: All right.
22 TREASURER NELSON: Governor, while we're
23 voting --
24 GOVERNOR CHILES: I'm going to ask the
25 General to tally these for us, if he will. And
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 22, 1996
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1 then --
2 TREASURER NELSON: I want to take this
3 opportunity to commend the staff and the
4 Acting Director, Barbara Jarriel, for the
5 exceptional job that they have done in keeping
6 the SBA operating at such a high level of
7 efficiency during this transition time after the
8 departure of Ash, and this time, at which we're
9 going to appoint a new Executive Director.
10 So my hat's off to you, Barbara.
11 MS. JARRIEL: Thank you very much,
12 Commissioner.
13 And we also would like to thank the staffs
14 of each of your organizations for assisting us
15 through this transition.
16 And from an investment perspective,
17 certainly the market movements did not hurt us
18 at all during this five or six months.
19 So thank you all, and your staff, for the
20 excellent assistance during the transition
21 period.
22 GOVERNOR CHILES: General.
23 ATTORNEY GENERAL BUTTERWORTH: Tom Herndon
24 has the most votes, and majority votes.
25 GOVERNOR CHILES: All right.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 22, 1996
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1 COMPTROLLER MILLIGAN: I would make a
2 motion, Governor, that it be a majority vote in
3 favor of Tom Herndon.
4 ATTORNEY GENERAL BUTTERWORTH: Unanimous.
5 GOVERNOR CHILES: It's been moved and
6 seconded --
7 TREASURER NELSON: (Nodding head.)
8 GOVERNOR CHILES: Without objection, then
9 it is -- motion for unanimous --
10 COMPTROLLER MILLIGAN: I'll make a motion
11 to set the Executive Director's salary, if I
12 may, Governor.
13 GOVERNOR CHILES: Yes, sir.
14 COMPTROLLER MILLIGAN: At 150,000, with the
15 understanding that in six months, the
16 Executive Director will submit to the Board a
17 recommendation on instituting performance based
18 bonus packages for both the Executive Director
19 position and selected staff.
20 TREASURER NELSON: I second it.
21 GOVERNOR CHILES: It's been moved and
22 seconded.
23 Discussion?
24 Without objection, the motion is adopted.
25 MS. JARRIEL: May we also clarify,
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 22, 1996
9
1 Governor --
2 GOVERNOR CHILES: Yes, ma'am.
3 MS. JARRIEL: -- that with the
4 establishment of the salary rate, the Board has
5 also made a motion to approve the commensurate
6 budget amendment required to establish that
7 salary rate.
8 COMPTROLLER MILLIGAN: If a motion is
9 required to do that, consider it so done.
10 TREASURER NELSON: And a second.
11 GOVERNOR CHILES: It's been moved and
12 seconded.
13 Without objection, that's approved.
14 COMPTROLLER MILLIGAN: You asked for an
15 availability date, Barbara? Or a date --
16 MS. JARRIEL: If you'd like to establish
17 that, that would be fine. I know there was some
18 discussion with the offices yesterday that the
19 SBA staff could coordinate that with the new
20 director if that's acceptable.
21 COMPTROLLER MILLIGAN: I think that would
22 make more sense.
23 GOVERNOR CHILES: Yeah. I think so.
24 Because we don't -- at this time, don't know.
25 I think that would be better.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 22, 1996
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1 TREASURER NELSON: Do we need a motion on
2 that?
3 GOVERNOR CHILES: I don't think you need a
4 motion if you -- just to --
5 MS. JARRIEL: On the -- on the issue of the
6 competitive pay and bonus package, this is an
7 area that the Board has been interested in for
8 some time. And as you know, the investment
9 management industry is quite competitive.
10 So the staff will welcome the opportunity
11 to work with the new Executive Director on
12 submitting that plan.
13 COMPTROLLER MILLIGAN: Thank you.
14 I would just comment that we are one of the
15 few states that doesn't operate on that basis,
16 and certainly of the major states that deal with
17 a retirement program, such as this.
18 GOVERNOR CHILES: I think it's a good
19 suggestion.
20 MS. JARRIEL: Item number 4, we've
21 submitted for your information and review the
22 investment performance and fund balance analysis
23 for the month of September.
24 COMPTROLLER MILLIGAN: A motion, and a
25 comment that you had a good month under some
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 22, 1996
11
1 adverse times, I think, in the market. Well
2 done.
3 GOVERNOR CHILES: Is there a second?
4 TREASURER NELSON: I second.
5 GOVERNOR CHILES: Second.
6 Without objection, it's approved.
7 MS. JARRIEL: And the last item relates to
8 the Inland Protection Financing Corporation.
9 The Inland Protection Financing Corporation
10 requests that the Trustees in their capacities
11 as directors hold a Board of Directors meeting
12 of the Inland Protection Financing Corporation.
13 If you recall, we had our organizational
14 meeting of this corporation on September 10th,
15 and this subsequent meeting is requested to
16 verify the selection of two legal firms to
17 assist us in proceeding forward with validation.
18 We expect to have some of the legal
19 documents, including the bond resolution, for
20 the second Cabinet meeting in November.
21 At this time, I would like to introduce
22 Virginia Wetherell, the Secretary of the
23 Department of Environmental Protection; and
24 Keith Carswell, Chairman of the Black Business
25 Investment Board, to participate in the Board
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 22, 1996
12
1 meeting.
2 The two items we have today is disclosure
3 of bond counsel and the selection of financial
4 advisor. We described at our last meeting the
5 RFP process which was used and concluded on
6 September 5th to select bond counsel so that we
7 could move forward with the drafting of the
8 documents.
9 We would simply like to disclose for the
10 minutes at this time that Squires, Sanders, and
11 Dempsey was selected for that purpose.
12 With regard to financial advisor, we also
13 disclose that the Division of Bond Finance had
14 recently -- in July completed an RFP process
15 through which they selected four firms to serve
16 as financial advisor for the Division of
17 Bond Finance.
18 Since that action had been taken so
19 recently, we felt it was inefficient to
20 duplicate that process, and rather we relied on
21 that list of four to choose from.
22 We determined that we would like to select
23 the firm that ranked first in the Division's
24 process. That firm is Rauscher, Pierce,
25 Refsnes, Incorporated.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 22, 1996
13
1 And at this time, if there are no
2 questions, we would like to direct the Secretary
3 to set these actions into the minutes of the
4 corporation.
5 GOVERNOR CHILES: Is there a motion?
6 TREASURER NELSON: Motion.
7 COMPTROLLER MILLIGAN: And second it.
8 GOVERNOR CHILES: Moved and seconded.
9 Without objection, it's approved.
10 MS. JARRIEL: The Trustees had requested
11 that a presentation be made by the Department of
12 Environmental Protection concerning the
13 Underground Petroleum Tank Cleanup Program.
14 We have with us today Mike Soule, who is a
15 Bureau Chief with the tanks program. He plans
16 to give us a broad overview of the program, but
17 specifically to address the issue of the
18 corporation's role, and the policies and
19 procedures in place to delineate the
20 December 31st --
21 (Commissioner Crawford exited the room.)
22 MS. JARRIEL: -- claims that will be
23 submitted to the corporation for payments.
24 And, Governor, after Mr. Soule completes
25 his presentation, that concludes our business,
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 22, 1996
14
1 so you could ask for a motion to adjourn the
2 meeting after that --
3 GOVERNOR CHILES: All right.
4 MS. JARRIEL: -- presentation --
5 GOVERNOR CHILES: Thank you, ma'am.
6 MS. JARRIEL: -- is complete.
7 Thank you.
8 MR. SOULE: Good morning.
9 I'd like to thank you for giving me the
10 opportunity to go over briefly the petroleum
11 cleanup reimbursement program.
12 Obviously to explain why I'm here, I think
13 a brief history of the program's pertinent.
14 In 1986, the Inland Protection Trust Fund
15 was created to pay for cleanup of petroleum
16 contaminated sites. That trust fund
17 principally -- or that program principally paid
18 on a reimbursement basis.
19 The aspects and legislative direction was
20 primarily that owners who conduct cleanup at
21 eligible sites are entitled to reimbursement, or
22 State reimbursement of actual and allowable
23 costs -- incurred costs.
24 The program had a shaky start at the
25 beginning.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 22, 1996
15
1 (Commissioner Crawford entered the room.)
2 MR. SOULE: There was not a lot of
3 activity. And in order to up the activity, and
4 get as many sites cleaned up as possible, the
5 Legislature, and subsequently, the Department,
6 established several incentives to try to get as
7 many sites cleaned up as possible.
8 Well, by 1994, it was apparent that those
9 incentives worked. In fact, they worked too
10 well. There was over a hundred and
11 seventy-four million dollars of unpaid
12 obligation that were submitted to the State at
13 that time.
14 In response to this backlog that we like to
15 call it, the Legislature in 1995, and affirmed
16 it in 1996, essentially sunset the reimbursement
17 program.
18 That was the brief history. Where are we
19 today?
20 A briefing package was disseminated to
21 you. If you turn the page into figure 1 -- if
22 you weren't given it, I'll brief without it --
23 it identifies that there's a 350 million dollar
24 backlog as of September 1996.
25
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 22, 1996
16
1 (Attorney General Butterworth exited the
2 room.)
3 MR. SOULE: Primarily the reason for the
4 backlog is the availability of funds in the
5 Internal Improvement -- or excuse me -- into the
6 Inland Protection Trust Fund.
7 Payment has been made towards applications
8 received as of March of 1995. So essentially
9 you're looking at an 18-month delay in payment.
10 In addition, there's been a backlog in the
11 review of applications. Right now, the
12 Department is currently reviewing applications
13 received on or after December of 1995. That
14 shows about a 10-month delay in the application
15 review process.
16 How are these reviews conducted? That was
17 a critical concern to members of the IPFC,
18 Inland Protection Finance Corporation. I'd like
19 to convey that there are four specific measures
20 that are implemented by the Department to ensure
21 fiscal accountability associated with these
22 reimbursement claims.
23 Primarily, the claims are examined by a
24 certified public accountant. Secondly, the
25 application goes through a detailed review
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 22, 1996
17
1 process. Third, a quality assurance check is
2 conducted by the Department. And, finally,
3 there's a fiscal accountability making sure the
4 numbers jibe.
5 The CPA attests to the fact that activities
6 conducted are actual and incurred and associated
7 with cleanup. That information, along with the
8 application, is forwarded to our two
9 reimbursement contractors. The State has
10 contracted with two private firms to review the
11 contracts and conduct a detailed review.
12 These firms are -- have a background, or a
13 staff with numerous expertise in association
14 with geologists, accountants, engineers,
15 business administrators. And they also have
16 experience in the environmental cleanup
17 industry.
18 In addition, these contractors can -- are
19 given training by the Department, and are
20 consistently provided oversight by the
21 Department based upon current policy or changes.
22 The reviews themselves are broken down into
23 two specific program elements. There's a
24 sufficiency, slash, completeness review, and
25 then there's a reasonableness, slash,
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 22, 1996
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1 allowability review. So it's broken up into two
2 phases.
3 The sufficiency review primarily looks at
4 whether the site is an eligible site, whether or
5 not the works are conducted in association with
6 current rules of the Department for cleanup, and
7 that the tasks themselves have not been
8 previously claimed on other applications.
9 There's administrative requirements;
10 for example, the CPA attestation; also, the
11 certification affidavit by the owner.
12 And finally, supporting document --
13 documentation of incurred costs, with a
14 description and breakdown of activities into
15 actual units and rates. So this information is
16 provided and reviewed by the contractors.
17 Well, that's half of the review.
18 The other half of the review looks at the
19 allowability and reasonableness of the claim.
20 This review entails a look at the
21 activities and expenses, ensuring they're
22 supported by invoices and technical documents,
23 and they're not duplicated.
24 Secondly, they look to make sure the
25 activity conducted is integral to the cleanup
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 22, 1996
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1 process, and in accordance with Department rules
2 for cleanup.
3 Reasonable -- they also ensure that costs
4 are reasonable. And reasonable is a subjective
5 term, and the Department uses a comparison with
6 a cost charge and environmental consulting
7 firms, and environmental cleanup firms
8 throughout the state.
9 The Department's --
10 (Attorney General Butterworth entered the
11 room.)
12 MR. SOULE: -- rates have been established
13 based upon experience at the beginning of the
14 program.
15 And I want to point out, have also been
16 validated by two separate surveys. One survey
17 conducted by FSU, and another survey conducted
18 by Florida Department of Labor and Employment
19 Services.
20 Finally, the contractor makes sure that
21 calculations are accurate, and they forward it
22 back to the Department.
23 Well, at that point, the Department takes a
24 look at the application and conducts a quality
25 assurance check.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 22, 1996
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1 By in far, I don't want to say it's a
2 rereview of the application. It's merely a QA
3 look to make sure, and look at target problem
4 areas that we've seen in past applications, and
5 verify those accounts.
6 Finally, a separate verification process is
7 accomplished to make sure mathematical
8 computations are accurate. And then it's
9 forwarded for payment.
10 This detailed process that's been
11 accomplished has resulted in -- this detailed
12 process has resulted in -- of the
13 757 million dollars that have been processed,
14 over 138 million have been disallowed. That
15 equates to about an 82 percent approval rate.
16 At this point, if there's any other
17 questions, I think we can address those at the
18 next IPFC meeting.
19 If I have any questions now.
20 GOVERNOR CHILES: Any questions?
21 MR. SOULE: Yes, sir.
22 COMPTROLLER MILLIGAN: Governor, if I can
23 make just a quick comment, or --
24 GOVERNOR CHILES: Yes, sir.
25 COMPTROLLER MILLIGAN: -- perhaps a
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 22, 1996
21
1 question, too.
2 I understand that the review process,
3 and -- is -- that it's fairly thorough, as you
4 have pointed out, Mr. Soule.
5 My question is: There was an Auditor --
6 Auditor General findings in reference to that
7 review process. And there were a number of
8 findings in -- from your own IG there in the
9 DEP.
10 Have those findings been incorporated into
11 the review process?
12 MR. SOULE: Some of the findings have.
13 Some of the findings, if you read that
14 Auditor General's report, really relate to a
15 programatic problem. And I think the --
16 COMPTROLLER MILLIGAN: Okay. I --
17 MR. SOULE: -- legislation addressed that.
18 COMPTROLLER MILLIGAN: I appreciate that
19 and have read it.
20 Are the findings included -- appropriate
21 findings included in the review process?
22 MR. SOULE: Some of the --
23 COMPTROLLER MILLIGAN: From the --
24 MR. SOULE: -- findings are, yes, sir.
25 COMPTROLLER MILLIGAN: Some of them are.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 22, 1996
22
1 MR. SOULE: Yes, sir.
2 COMPTROLLER MILLIGAN: Okay. When you --
3 when you come forward with your service
4 contract, I think perhaps that'll be another
5 opportunity to talk about this, so I'll defer.
6 But I hope you will take a very careful look
7 again at the IGs and the Auditor General's
8 findings, and ensure that, where appropriate,
9 that those findings are incorporated in the
10 review process.
11 MR. SOULE: Yes, sir.
12 COMPTROLLER MILLIGAN: Thanks.
13 GOVERNOR CHILES: Thank you very much for
14 your report.
15 Is there a motion the meeting be
16 adjourned?
17 COMPTROLLER MILLIGAN: Motion.
18 GOVERNOR CHILES: So moved.
19 Seconded.
20 TREASURER NELSON: Second.
21 GOVERNOR CHILES: Seconded.
22 Without objection, the meeting of the
23 Inland Protection Financial Corporation is
24 adjourned.
25 I assume that's the end of that report.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
October 22, 1996
23
1 (The State Board of Administration Agenda
2 was concluded.)
3 *
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ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
October 22, 1996
24
1 GOVERNOR CHILES: State Board of
2 Administration.
3 Okay. We finished that.
4 All right. Bond Finance.
5 ATTORNEY GENERAL BUTTERWORTH: A motion --
6 MR. WATKINS: Item 1 is --
7 ATTORNEY GENERAL BUTTERWORTH: -- for
8 minutes.
9 MR. WATKINS: -- approval of the --
10 COMPTROLLER MILLIGAN: Second.
11 GOVERNOR CHILES: Moved and seconded.
12 Without objection, minutes are approved.
13 MR. WATKINS: Item number 2 is a resolution
14 authorizing the issuance of up to seven million
15 seven hundred eighty thousand dollars of
16 Board of Regents Revenue Bonds for construction
17 of a Student Services Center at
18 Florida A&M University.
19 SECRETARY MORTHAM: Move it.
20 ATTORNEY GENERAL BUTTERWORTH: Second.
21 GOVERNOR CHILES: Moved and seconded.
22 Without objection, it's approved.
23 MR. WATKINS: Item number 3 is adoption of
24 a resolution authorizing the issuance of up to
25 three million six hundred five thousand
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
October 22, 1996
25
1 Board of Regents Revenue Bonds for construction
2 of a parking garage at Florida A&M University.
3 SECRETARY MORTHAM: Move it.
4 ATTORNEY GENERAL BUTTERWORTH: Second.
5 COMPTROLLER MILLIGAN: Second.
6 GOVERNOR CHILES: Moved and seconded.
7 Without objection, it's approved.
8 MR. WATKINS: Item number 4 is a resolution
9 authorizing the competitive sale of up to
10 thirteen million three hundred eighty-five
11 thousand Board of Regents Revenue Bonds for
12 renovation and remodeling of two dormitories at
13 Florida State University.
14 SECRETARY MORTHAM: Move approval.
15 ATTORNEY GENERAL BUTTERWORTH: Second.
16 GOVERNOR CHILES: Moved and seconded.
17 Without objection, it's approved.
18 MR. WATKINS: Item number 5 is an adoption
19 of a resolution authorizing the issuance of up
20 to a hundred and eighty-nine million eight
21 hundred forty thousand dollars of State of
22 Florida capital outlay bonds for the benefit of
23 local school districts in the state.
24 SECRETARY MORTHAM: Move approval.
25 COMPTROLLER MILLIGAN: Second.
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
October 22, 1996
26
1 GOVERNOR CHILES: Moved and seconded.
2 Without objection, it's approved.
3 MR. WATKINS: Item number 6 is a report of
4 award of the sale of two hundred fifty million
5 dollars of PECO bonds. Bids were received at
6 Division of Bond Finance on September 26. The
7 bonds were awarded to the low bidder at a true
8 interest cost rate of approximately
9 5.57 percent.
10 SECRETARY MORTHAM: Move acceptance --
11 COMPTROLLER MILLIGAN: Motion.
12 SECRETARY MORTHAM: -- of the report.
13 GOVERNOR CHILES: Moved and seconded.
14 COMPTROLLER MILLIGAN: Second.
15 GOVERNOR CHILES: Without objection, it's
16 approved.
17 MR. WATKINS: Thank you.
18 GOVERNOR CHILES: Thank you, sir.
19 (The Division of Bond Finance Agenda was
20 concluded.)
21 *
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ACCURATE STENOTYPE REPORTERS, INC.
ADMINISTRATION COMMISSION
October 22, 1996
27
1 GOVERNOR CHILES: We're going to go out of
2 order a little bit. One of our members will
3 have to leave in a few minutes.
4 So we're going to Trustees.
5 But before we -- well, actually we've got
6 two items that we've got to take up. One is
7 the -- out of order -- and one is the CSX, and
8 the other is the VA.
9 I want to take up State Board of
10 Administration just a minute before we do that.
11 Or Administration Commission, I mean.
12 DR. BRADLEY: Thank you, Governor.
13 Item number 1, recommend approval of the
14 minutes of the meeting held October --
15 SECRETARY MORTHAM: Move approval.
16 DR. BRADLEY: -- 8th --
17 COMPTROLLER MILLIGAN: Second.
18 DR. BRADLEY: -- 1996.
19 GOVERNOR CHILES: Moved and seconded.
20 Without objection, it's approved.
21 DR. BRADLEY: Item number 2, recommend the
22 approval of the transfer of general revenue
23 appropriations under Items A and B in the
24 Justice Administration Commission.
25 SECRETARY MORTHAM: Move approval.
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1 COMPTROLLER MILLIGAN: Second.
2 GOVERNOR CHILES: Moved and seconded.
3 Without objection, that's approved.
4 (The Administration Commission Agenda was
5 concluded.)
6 *
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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1 GOVERNOR CHILES: All right.
2 Madam Secretary, we want to try to get to the
3 CSX, and then the --
4 MS. WETHERELL: Yes, sir.
5 GOVERNOR CHILES: -- the VA Hospital. Is
6 that in -- that would be in --
7 MS. WETHERELL: Yes, sir.
8 GOVERNOR CHILES: -- Veterans' Affairs, or
9 your --
10 MS. WETHERELL: The only item you want to
11 do on my agenda, I think, is Substitute Item 11,
12 CSX.
13 GOVERNOR CHILES: CSX. All right. Let's
14 go to that.
15 MS. WETHERELL: All right.
16 Substitute Item 11, we're recommending
17 approval of the acquisition of 114.18 acres for
18 six million nine hundred thirty-six thousand
19 three hundred dollars, which is approximately
20 10 percent less than the last offer we brought
21 to you.
22 We do have a signed contract in our
23 possession at this point that they have signed.
24 We have a number of speakers, Mr. Chairman.
25 GOVERNOR CHILES: Well, we're going to need
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1 a time limitation pretty strict in this, because
2 we're going to have to deal with the other --
3 MS. WETHERELL: Yes.
4 GOVERNOR CHILES: -- VA siting case, too.
5 MS. WETHERELL: Yes, sir.
6 GOVERNOR CHILES: So, you know, the --
7 we've been over this, the body has. I think
8 5 minutes to the side ought to probably about
9 cover it.
10 MS. WETHERELL: All right. We'll just go
11 through the list, and I think everybody is a
12 proponent. So we'll limit it to a total of
13 5 minutes. And I'll call --
14 TREASURER NELSON: No opponents.
15 GOVERNOR CHILES: No opponents?
16 MS. WETHERELL: No, sir.
17 GOVERNOR CHILES: All right. Let's let the
18 proponents have 5 minutes.
19 MS. WETHERELL: All right. I'll call first
20 on Randy Morris, who's Commissioner of
21 Seminole County.
22 MR. MORRIS: Governor and Cabinet, I want
23 to thank you very much for your time here.
24 We've brought a number of elected officials up.
25 You all have had much correspondence, I believe,
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1 from people from our whole region.
2 We want to just first frame this as this is
3 a partnership between the State of Florida, the
4 citizens of the state of Florida, and the local
5 region. This is not an issue between one
6 county, one city.
7 To demonstrate that to you, we're going to
8 have a variety of speakers, if we may, and very
9 quickly.
10 We would like to first call up from
11 Orlando, Commissioner Bagley, please.
12 MR. BAGLEY: Thank you.
13 I'm Bill Bagley, City Commissioner from
14 City of Orlando. The City of Orlando is
15 committed to the bicycle path plan.
16 All the new roads in the city of Orlando
17 must have bicycle paths. As the city develops
18 the Naval Training Center, these roads will have
19 bicycle paths. The Cady Way Bicycle Path is the
20 south boundary of the Orlando Naval Training
21 Center main base property.
22 Orange County has not only committed to the
23 extension of the existing Cady Way Trial, but
24 has also committed to the overpass over four
25 lanes of Highway 436.
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1 This extension of the Cady Way Trial to the
2 Cross Seminole Trail, which is what we're
3 discussing today, will provide almost 20 miles
4 of continuous trail to serve over a million
5 residents of central Florida.
6 This will give the State of Florida the
7 bang for the buck that justifies the expenditure
8 of funds that are intended specifically for this
9 purpose.
10 Thank you.
11 MR. MORRIS: If I may, as we run north on
12 the route of the trail, we run up into
13 Seminole County. And we'd like to cover just
14 briefly some economic impacts and the plans that
15 the City of Oviedo has, and also the City of
16 Winter Springs.
17 Mayor Mimi Bruce from Oviedo and
18 Commissioner Bunnell from Winter Springs.
19 MS. BRUCE: Good morning. I'm Mayor
20 Miriam Bruce from the City of Oviedo. I
21 appreciate this opportunity this morning to
22 address you.
23 I believe that the trail will transform my
24 city. Oviedo is historically a small farming
25 community, and the trail goes right through the
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1 middle of town.
2 Although we are one of the fastest growing
3 cities in the state, we are struggling to
4 preserve our 100-year old downtown center.
5 Winter Garden, which is a similar town, has
6 seen over a quarter of a million dollars in
7 downtown redevelopment money since the inception
8 of the West Orange Trail, and it's not even
9 finished yet.
10 There is a groundswell of support in my
11 community for the trail. We have all seen the
12 economic and recreational possibilities of other
13 trails. And as an elected official, when
14 everybody in town wants this trail, you do
15 everything in your power to try to make it
16 happen.
17 I urge you to make this gift to our
18 community, and turn it into an economical and
19 recreational asset the State can point to and be
20 proud of.
21 Thank you.
22 MS. JINELL: Governor and Cabinet members,
23 I appreciate the opportunity to be here this
24 morning. I'm Cindy Jinell, Commissioner in the
25 City of Winter Springs.
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1 The City Commission of Winter Springs has
2 enthusiastically endorsed the trail project. We
3 are the largest city in land area in
4 Seminole County. We have the largest inventory
5 of undeveloped commercial property in
6 Seminole County.
7 This project is an essential element of a
8 Winter Springs future economic development
9 plan. It represents a major economic
10 development opportunity for the county and for
11 all of central Florida. And it's one of the
12 most rapidly developing areas of the state.
13 It's the most appropriate use of this land,
14 and it will maximize the economic development in
15 that area.
16 I strongly recommend that you move forward
17 with this purchase at this time.
18 Thank you.
19 GOVERNOR CHILES: Thank you.
20 MR. MORRIS: We now have members from the
21 general community and public at large.
22 GOVERNOR CHILES: All right. Can you just
23 kind of bring them on up so we can not have all
24 the time intervene the --
25 MR. BRYAN: Hello. I'm Ken Bryan with the
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1 Rails-to-Trails Conservancy. And I just would
2 like to first -- I don't know if you ever got a
3 chance to read the Orlando Sentinel this morning
4 about an editorial that talks about the savings
5 that the Governor and Cabinet are saving the
6 taxpayers of Florida to the amount of about
7 $750,000.
8 So certainly I would like to find out, if
9 possible, if I could submit the Governor and
10 Cabinet for a Davis Award, because you certainly
11 have done your job. That's leverage that only a
12 Governor and Cabinet can have with a large
13 corporation.
14 I also want to talk about some of the
15 legislative changes last year, which were very
16 significant. The Rails-to-Trails Program, which
17 changed to a Greenways and Trails Program. And
18 that was very exciting. It signalled the end of
19 a collection of trails, and it challenged the
20 Department to create a statewide system of
21 interconnected trails.
22 This purchase going before you today, and
23 subsequent purchases could affect the future of
24 the Rails-to-Trails Program -- or I'm sorry --
25 the Greenways and Trails Program.
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1 Also last year, the Legislature put very
2 aggressive mandates on departments about
3 unincurred balances. The Department rose to the
4 challenge, and has brought this project, and
5 will be bringing other projects in the near
6 future to you.
7 And it's imperative that this body not put
8 additional screens on the Department. They're
9 following the rules and the laws as set forth by
10 the Legislature.
11 And I encourage you to approve the purchase
12 today.
13 Thank you.
14 GOVERNOR CHILES: I don't think that
15 anybody on this Cabinet objects to
16 Rails-to-Trails. I think we support it very,
17 very strong. I think we have a long history of
18 that.
19 We're talking -- our concern, and the
20 concern at the last Cabinet meeting, is
21 primarily of price, and how the appraisal was
22 done.
23 Now, that is our job. That is the job
24 we're not going to give to the Department
25 because that's a decision we have to make.
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1 We're the ones that in effect ultimately the
2 public looks to as to whether we're properly
3 spending the taxpayers' money or not.
4 So --
5 MR. MORRIS: Governor --
6 GOVERNOR CHILES: -- the arguments on price
7 would be more important to us.
8 MR. MORRIS: Governor, I think that -- I
9 think what we have also here is to --
10 recognizing your time is valuable.
11 We have both our County Property Appraiser,
12 and we also have Craig Clayton of Clayton,
13 Roper, who was the appraiser of record.
14 If we can call them forward, that might be
15 of a bit of assistance, any questions the
16 Cabinet --
17 GOVERNOR CHILES: Fine.
18 MR. MORRIS: -- and you all may have.
19 As they're coming up --
20 If you all want to come up.
21 As they're coming up, we talked about this
22 also being a joint partnership. The investment
23 of the State is the purchase of the land. The
24 investment of Seminole County alone -- this does
25 not include Orange County's commitment to this
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1 trail project -- is going to be $225,000 per
2 mile of construction, 17 miles.
3 Also $140,000 annually in maintenance. And
4 this does not include public services like the
5 Sheriff's Department and EMS services to the
6 trail. So that's our partnership of commitment.
7 MR. SUBER: Good morning. I'm Bill Suber.
8 I'm the Property Appraiser for Seminole County.
9 I understand there's some concern about the
10 difference between the appraisal that we have in
11 our roll for tax purposes versus the same piece
12 of properties, let's say, for what Mr. Clayton
13 has undertaken to appraise.
14 I think you should understand from the --
15 from the outset, the one thing that governs an
16 appraisal or the outcome of an appraisal is the
17 purpose of the appraisal.
18 For my job, we do that for tax purposes.
19 Yes, we do derive a market value. We cannot
20 though by law look at this particular, if you
21 will, corridor as a corridor.
22 In my office, we have to look at what I
23 call remnant parcels, which some are landlocked,
24 the way I have to look at them. They're the
25 little pieces and parts that are on either side
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1 of the middle line of this old railroad bed.
2 For that reason, and the limiting factors
3 within the statutes themselves, we're always
4 going to come out with a value in this
5 particular case that's going to be less than an
6 appraisal done, such as Mr. Clayton and his firm
7 have done, which is a highest and best use
8 appraisal.
9 If we could consider that the right way to
10 do things, I would submit to you, the property
11 appraisers in this state could run all of you
12 out of the state, because we could tax everybody
13 completely out of their properties. That's not
14 what we're about.
15 I think if -- if Mr. Clayton and I can kind
16 of give you some comparisons in how we consider
17 the valuation process, and what we've done to
18 derive, in my case, the value for the county for
19 tax purposes, and his, I think you'll be able to
20 understand that you're dealing with apples and
21 oranges. My value is correct, his value is
22 correct.
23 Okay? We're just taking two different
24 looks -- or perspectives at the properties.
25 Okay?
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1 MR. CLAYTON: Yes, sir. Mr. Governor and
2 Cabinet.
3 There were a number of things that -- I
4 have not reviewed Mr. Suber's appraisal, but
5 understanding the process and knowing what I
6 dealt with and the extensive research and
7 analysis that we did when we were charged to do
8 this assignment, there were several issues that
9 I think would bring about a distinctive
10 difference.
11 First, and possibly one of the major
12 elements, is very recently, they finished the
13 final survey. When we did the appraisal
14 originally a year ago, it was not -- we were
15 working with the acreage that was known at that
16 time, although there was -- it was also
17 indicated, as well as in the appraisal, that
18 there was no current survey available.
19 The property got reduced by a segment of
20 this that was to be acquired by the Department
21 of Transportation, which left a smaller amount
22 of acreage.
23 However, the difference between what that
24 acreage is, which is what Mr. Suber has on the
25 current tax rolls right now, before having
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1 opportunity to review the survey, and what our
2 number is that y'all are currently reviewing --
3 I believe, my approximate number was nine
4 million one hundred and fifteen thousand -- is
5 about 18.51 acres of additional land altogether,
6 because of the inaccuracy of the surveys, not
7 the appraisal.
8 That obviously weigh out additional value
9 because of the additional acreage.
10 The other element, in my opinion, does deal
11 with what Mr. Suber indicated with is a highest
12 and best use.
13 We do consider highest and best use in a
14 very strong growth area like the Orlando
15 metropolitan area, the east Seminole County
16 area. There's been a beltway put there, we have
17 a mall under construction. There is rapid
18 growth here.
19 And properties that in a historical area
20 that have been agricultural and other zonings,
21 which in some cases, these are still zoned
22 agricultural and commercial areas. I have to
23 consider the highest and best use of that
24 property to be fair and accurate on the -- my
25 appraisal of the property.
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1 And so I have to consider the future land
2 use plan and the reasonableness of a rezoning to
3 that, whereas, the -- if it was appraised just
4 to the zoning itself, that may way underestimate
5 the value of the property.
6 When these -- another item is that the --
7 Mr. Suber considered his --
8 GOVERNOR CHILES: Well, let me just say
9 right there, I don't think really that we're
10 hung up on the difference between Mr. Suber's --
11 MR. CLAYTON: Okay.
12 GOVERNOR CHILES: -- appraisal and yours,
13 to tell you the truth. I'm not. I don't know
14 if anybody else is.
15 My concern is whether the appraisals are
16 too high. And that is, basically on the
17 information that we were getting, that if it
18 was -- part of the land went by a shopping
19 center, we appraised the corridor, and what the
20 value of the shopping center was, if part went
21 by the other.
22 And there's a term of art that y'all use
23 doing that.
24 MR. CLAYTON: Yes. Referencing the
25 across-the-fence method?
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1 GOVERNOR CHILES: Across-the-fence method.
2 MR. CLAYTON: Yes, sir.
3 GOVERNOR CHILES: And I think -- my
4 question, and I think a lot of the Boards', was
5 whether a corridor who can't be -- it can't be
6 used for a shopping center, that's -- that's so
7 many feet for highest and best use, whether that
8 should be appraised just at what the square
9 foot -- or square inch thing of a shopping
10 center should be.
11 MR. CLAYTON: Yes, sir. I understand your
12 concern and your question.
13 The across-the-fence method -- in the
14 process of doing this, I did considerable
15 research on the National Library of the
16 Appraisal Institute to confirm what were the
17 appropriate methodologies in appraising a
18 property of this type.
19 And the prevailing literature and the
20 leading experts recommend the across-the-fence
21 method. That's just the start of it though.
22 You have to -- you do begin with it taking
23 on the unit value -- when you say the shopping
24 center, I'm sure you mean the underlying land of
25 the shopping center.
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1 GOVERNOR CHILES: Yeah.
2 MR. CLAYTON: And when you add all those
3 up, you do come to an aggregate value.
4 Then the next step becomes, is that value
5 something that should be discounted, is that
6 value something that should remain as is, or
7 should that value at that point contain a
8 premium?
9 And what the studies -- extensive studies
10 throughout the country have shown that the
11 highest and best use, as a continued corridor,
12 has anywhere from no premium, up to maybe a
13 52 percent premium.
14 If it's for recreational use, there -- it
15 varied to more than 100 percent, less than
16 100 percent. It ended up about 94 percent of
17 the across-the-fence valuation. And then these
18 are based on actual purchases, some public, some
19 private. And this was a nationwide survey and
20 study that was done in my research.
21 And so, yes, sir, the -- as highest and
22 best use for a corridor, there appears --
23 there's extensive explanation in the report.
24 But fundamentally, we have three public
25 agencies as is that are interested in this, in
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1 the DOT, the Office of Greenway and Trails at
2 the State level, and the Seminole County, as
3 well as all the -- the different municipalities
4 that have expressed their interest as well.
5 There are alternate uses for continued --
6 continued use versus liquidation. The premise
7 that you were describing is liquidation of the
8 components versus the valuation of the corridor.
9 Mr. Suber had to value each of these little
10 components, which do have a much less value. It
11 may be only 63 percent in one survey it
12 indicated on an average.
13 Whereas the entire corridor has the cost
14 of -- if you had to acquire that corridor, just
15 the opposite would be true. They say it would
16 take anywhere from four to six times the
17 across-the-fence method to actually acquire the
18 corridor, and all the associated costs that may
19 go with that.
20 When I concluded, I ended up not applying a
21 discount, nor a premium. And more evidence
22 actually was leaning toward a premium.
23 And so, you know, that was the methodology
24 that was used. Each of these categories is well
25 supported by the group of sales. I broke it
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1 down to seven different land use categories,
2 versus the 32 tax parcels that Mr. Suber was
3 charged in assessing.
4 GOVERNOR CHILES: Thank you.
5 SECRETARY MORTHAM: Governor --
6 GOVERNOR CHILES: Question.
7 Yes.
8 SECRETARY MORTHAM: -- having heard all
9 that --
10 GOVERNOR CHILES: Uh-hum.
11 SECRETARY MORTHAM: -- I'd just like to ask
12 both of the appraisers their opinion of the six
13 million nine hundred thousand dollar figure, in
14 relationship to the total property being
15 acquired.
16 Just yes or no: Is it good, or is it not
17 good?
18 MR. SUBER: I'm not familiar with the
19 six million dollar figure.
20 SECRETARY MORTHAM: The purchase price of
21 six million nine hundred thousand dollars for
22 the entire parcel.
23 MR. CLAYTON: I think he's saying we're
24 not -- we were not participants in the
25 negotiations. But as -- as an answer to that
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1 valuation, my opinion would be that the State
2 would be getting a very good buy, and the
3 community itself would be getting a tremendous
4 asset. Yes, ma'am.
5 MR. SUBER: And I would agree with that.
6 SECRETARY MORTHAM: Thank you.
7 ATTORNEY GENERAL BUTTERWORTH: Can I ask
8 one question, Governor?
9 GOVERNOR CHILES: Yes, sir.
10 ATTORNEY GENERAL BUTTERWORTH: If I wanted
11 to liquidate this property, what would it be --
12 what would you discount it?
13 Because everybody you're saying wants to
14 purchase it. We seem to be bidding against each
15 other. It's to government.
16 MR. CLAYTON: If you were to liquidate it
17 as a whole, the survey -- the study indicated an
18 average of about 63 percent. They showed -- the
19 examples they gave were anywhere from 44 to
20 87 percent of value. And, in fact, the 6.9,
21 I believe, does fall within that range even. If
22 it was liquidation, which it is not.
23 ATTORNEY GENERAL BUTTERWORTH: You mean,
24 you would deduct 66 percent, or you just
25 would --
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1 MR. CLAYTON: No, no. Sixty-- excuse me.
2 Not a 66 percent discount -- or 67 -- excuse me,
3 63. I apologize.
4 It's 63 percent of the across-the-fence
5 method, which would be the nine million one
6 fifteen. That would be the average number.
7 So the 44 to 87 percent is -- 44 to
8 87 percent of the --
9 SECRETARY MORTHAM: Do you want it?
10 MR. CLAYTON: -- across-the-fence method.
11 GOVERNOR CHILES: I think it might be
12 timely.
13 SECRETARY MORTHAM: Okay. So we have a
14 motion on the table, I'd like to move approval
15 of the purchase for 6.9 million dollars.
16 GOVERNOR CHILES: Is there a second?
17 TREASURER NELSON: I second it.
18 GOVERNOR CHILES: It's been moved and
19 seconded.
20 SECRETARY MORTHAM: Governor, if I could
21 make a quick comment.
22 The first speaker did refer to this
23 Orlando Sentinel editorial this morning, and
24 I think that what's apropos is the fact that
25 this Cabinet suggested that this was too much
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1 money originally. And I think that -- that
2 everybody is grateful that now it appears that
3 we will be saving a considerable sum of money.
4 We're going to be saving $600,000 in the
5 purchase price, plus another $146,000 that the
6 survey would have cost the State of Florida.
7 I think that the -- the delay was certainly
8 appropriate any time that we can save those kind
9 of dollars. We did receive a handout here today
10 referencing the Pinellas Trail, which I am very
11 well aware of, and it does have tremendous
12 impact.
13 I think the fact that citizens are going to
14 be able to use this trail is fantastic. The
15 fact that there was nobody that spoke in
16 opposition is pretty phenomenal in itself.
17 I see that we have Eva Armstrong here from
18 the Audubon Society, and we may want to hear
19 from her, since we did not hear from the
20 environmentalist side.
21 But I feel strongly that this is -- this is
22 a piece of property that we are going to be able
23 to utilize for recreation, and we're also going
24 to be able to create jobs and economic
25 development as a result. And I think that those
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1 things have to impact our decision.
2 And, yes, it is a large sum of money. But
3 if we're going to, in fact, not purchase this
4 piece of property because of, quote, what is the
5 liquidation -- what would be the liquidation
6 price, maybe every time we bring a piece of
7 property before the Cabinet, we need to look at
8 those same issues.
9 GOVERNOR CHILES: Further discussion?
10 Will you call the roll?
11 MS. WETHERELL: Yes, sir.
12 Treasurer Nelson.
13 TREASURER NELSON: Yes.
14 MS. WETHERELL: Attorney General
15 Butterworth.
16 ATTORNEY GENERAL BUTTERWORTH: No.
17 MS. WETHERELL: Governor Chiles.
18 GOVERNOR CHILES: Yes.
19 MS. WETHERELL: Commissioner Crawford.
20 COMMISSIONER CRAWFORD: Yes.
21 MS. WETHERELL: Secretary Mortham.
22 SECRETARY MORTHAM: Yes.
23 MS. WETHERELL: Comptroller Milligan.
24 COMPTROLLER MILLIGAN: No.
25 MS. WETHERELL: Four votes, and that's all
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1 you need.
2 GOVERNOR CHILES: All right. By your vote,
3 you have approved the sale.
4 (The Board of Trustees of the Internal
5 Improvement Trust Fund Agenda was continued.)
6 *
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1 (Treasurer Nelson exited the room.)
2 GOVERNOR CHILES: All right. Let's go down
3 to the VA.
4 Veteran Affairs.
5 Yes, sir.
6 MR. RAINWATER: Good morning, Governor.
7 GOVERNOR CHILES: Good morning.
8 MR. RAINWATER: Members of the Cabinet.
9 I'm Carlos Rainwater, Executive Director,
10 Florida Department of Veterans' Affairs.
11 This morning I appreciate the opportunity
12 to present to you the Department's
13 recommendation for a second veterans nursing
14 home in our state.
15 Our state is home to a million
16 seven hundred thousand plus veterans. The
17 largest segment of that population are
18 World War II veterans who now have an average
19 age of more than seventy-five years. Obviously
20 there's a growing need for veterans nursing home
21 care in our state.
22 The U.S. Department of Veterans' Affairs,
23 State Veterans Nursing Home Program, makes it
24 possible for states to construct and operate
25 nursing homes for veterans with a significant
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1 lessening of the financial burden on the states
2 for providing that care to their general
3 population.
4 Currently our Department successfully
5 manages a 120-bed nursing home facility in
6 Daytona Beach; and last session, the Legislature
7 granted us authority to proceed with a second
8 nursing home, with the capacity to care for
9 veteran patients with Alzheimer's and other
10 dementia related diseases.
11 In arriving at our recommendation to you
12 for a site for the second nursing home, we
13 employed the criteria approved by the Governor
14 and Cabinet on December 17th, 1991, after having
15 been reviewed at a public hearing in
16 October the 9th, 1991.
17 Those criteria were based on empirical
18 data, and as nearly as possible, eliminated
19 subjective evaluations of the sites.
20 This year, I appointed a Site Selection
21 Committee to evaluate the proposals, and to make
22 personal visits to each of the sites.
23 The members of that committee were:
24 Ron Frankel, our General Counsel, who is with me
25 this morning; Polly Tyler, Administrator of the
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1 Florida Veterans' Home in Lake City;
2 John Creighton, the Administrator of the
3 Emory Bennett Nursing Home in Daytona Beach;
4 FDVA staff members Frank Buxton, Karl Dalke, and
5 Bill Jones; and Mr. Tyler Upham of the
6 Department of Management Services here in
7 Tallahassee.
8 We invited proposal submissions from every
9 county in our state. We received 17 site
10 proposals from 13 different counties.
11 I can tell you that, in fact, after
12 reviewing the submissions, a veterans nursing
13 home is needed in each and every one of those
14 counties who made submissions.
15 However, we only have the authority to
16 construct one nursing home, and it fell to the
17 Department the difficult task of determining the
18 one location that scored highest under the
19 approved criteria.
20 The committee met at a public forum on
21 September 20th of this year, and reached its
22 recommendation to me.
23 (Treasurer Nelson entered the room.)
24 MR. RAINWATER: The top six sites were:
25 Number one, the site in Pasco County;
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October 22, 1996
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1 number two, the site in Hillsborough County;
2 number three, Broward County and the City of
3 Pembroke Pines; site number four,
4 Palm Beach County; site number five,
5 Hernando County; and site number six, another
6 site in Broward County in the town of Davie.
7 Bearing in mind that all 13 counties have a
8 need for a veterans' nursing home, I recommend
9 to you that the Pasco County site for the second
10 veterans' nursing home for veterans of Florida
11 be approved.
12 In addition to recommending the Pasco site,
13 we request that the Governor and Cabinet approve
14 four issues required by the Agency for
15 Health Care Administration to issue the
16 Certificate of Need to begin construction.
17 Those criteria are: Number one, that the
18 FDVA is authorized to file application for a
19 CON, Certificate of Need; number two, that the
20 Department is authorized to incur the
21 expenditure necessary to accomplish the project;
22 criteria number three, if issued a Certificate
23 of Need, the Department will accomplish the
24 proposed project within the time allowed at or
25 below the cost contained in the application; and
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1 number four, that the Florida Department of
2 Veterans' Affairs will license and operate the
3 facility.
4 So, Governor and members of the Cabinet, I
5 make those recommendations to you, bearing in
6 mind that we are up against a time line of
7 November 4th for submitting our letter to the
8 Agency for Health Care Administration.
9 November 4th is our deadline for that process.
10 At this point, I understand that there are
11 four counties who would like -- who have sent
12 representation -- a delegation to address you,
13 each for a maximum of 10 minutes each.
14 Those representatives are: From
15 Pasco County, heading the delegation is
16 Mr. Fred Harrop, the County Veterans' Service
17 Officer; from Hillsborough County, Commissioner
18 Chris Hart of the County Commission; from
19 Hernando County, Commissioner Ray Lossing; and
20 from Broward County, Senator Howard Foreman.
21 My general counsel, Mr. Frankel, and I will
22 will remain for questions --
23 GOVERNOR CHILES: Yes, sir.
24 MR. RAINWATER: -- anything you might need
25 of us --
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1 GOVERNOR CHILES: All right. We want to
2 try to provide this 10 minutes each. We know a
3 lot of people have come up here, and we want to
4 hear from them.
5 We will have to strictly adhere to that so
6 we will have enough members to vote on this.
7 So -- so you'll have to help us police that.
8 MR. RAINWATER: I will do that.
9 GOVERNOR CHILES: Thank you, sir.
10 MR. RAINWATER: With that, I'll introduce
11 Mr. Fred Harrop, County Veterans' Service
12 Officer, Pasco County.
13 (Secretary Mortham exited the room.)
14 MR. HARROP: Governor Chiles, distinguished
15 members of the Cabinet, as Mr. Rainwater said, I
16 am Fred Harrop, Pasco County Veterans' Service
17 Officer, and it was my responsibility to put
18 together this proposal.
19 It is my distinct pleasure to address you
20 this morning concerning the placement of the
21 second veterans' nursing home of Florida.
22 I am joined today by the entire
23 Pasco County Board of County Commissioners:
24 Chairman Ed Collins, Mr. Hap Clark,
25 Ms. Ann Hildebrand, Dr. Pat Mulari, and
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1 Ms. Sylvia Young, who canceled today's
2 Commission meeting so they could come up here to
3 support this very important project.
4 Also in attendance are
5 County Administrator, John Gallagher; State
6 Senator Latvala; State Representative
7 Littlefield in whose district the site lies;
8 State Representative Fasano; County lobbyist
9 Joe Manion; and representatives of numerous
10 veterans, education, business, and civic groups
11 from throughout the county.
12 My brief presentation will focus on why --
13 (Secretary Mortham entered the room.)
14 MR. HARROP: -- Pasco County was rated the
15 best location for the nursing home by the state
16 Site Selection Committee.
17 The first graphic, sir, I will address is
18 the criteria for the number of veterans within
19 the 75-mile radius of the proposed site.
20 In here, we had 14 counties. Within that
21 area, over 538,000 veterans, which was the most
22 of any proposed site, but also significantly,
23 49 percent of those veterans are already age
24 sixty and above, which refers to Mr. Rainwater's
25 contention of the desperate need for the home.
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1 This second graph refers to the criteria
2 established by the State committee concerning
3 the availability of getting to a VA medical
4 center. The site is here. 14.9 miles away is
5 James A. Haley VA Medical Center.
6 Also in conjunction with the health issue,
7 the State also needed to look at the
8 availability of health professionals.
9 In that light, directly across the street
10 from James Haley is the University of
11 South Florida, which has over 19 different
12 medical training programs in their curriculum.
13 Also they -- they also contain a nationally
14 recognized Alzheimer's research center, which is
15 particularly significant since this facility
16 will be able to house Alzheimer's residents.
17 Also in the area, we have 33 other area
18 community colleges and different schools which
19 provide medical training, including
20 Pasco/Hernando Community College, which is just
21 up the road with an outstanding nursing program,
22 as well as a developing allied health faculty.
23 One of the major concerns is the
24 accessibility of the site for the visitors to
25 come. We show here -- here is the location of
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1 the site. It is very easy from the north from
2 I-75. Via State Road 52, it is only 11 miles
3 from I-75.
4 Coming from the south via I-75 and
5 State Road 54, it's just 14 miles going up to
6 U.S. 41.
7 In the projected road improvements,
8 State Road 56, a new interchange, which will cut
9 in half the distance coming from the south.
10 In addition, this shows the numerous
11 housing developments and apartment complexes for
12 the employees to live in.
13 One last point I would like to make on road
14 improvements, U.S. 41, which is going to be the
15 direct link between the VA nursing home and the
16 VA medical center, is currently undergoing
17 construction to six lanes, and that will be
18 completed just 1 mile south of the home by the
19 time the home is completed.
20 This is an aerial view of the site.
21 I can show -- it is basically in this
22 corner here. It is at the intersection of
23 County Road 583 and Parkway Boulevard. It is
24 what we consider a very pristine, 12 acre site.
25 The site is on the corner there, it goes
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1 down, has some wetlands. The entire southern
2 border of the site is an orange grove.
3 The County currently owns the adjacent
4 18 acres to the site, and the only plan right
5 now is that an above ground water tower will be
6 built on that. There are no other construction
7 plans for that.
8 In our continuing quest to provide the
9 residents a peaceful environment, this area is
10 zoned for a maximum of six units per acre, or
11 less.
12 In addition, the site is environmentally
13 clean. The infrastructure is in place, and it
14 is above the floodplain, and it is ready to
15 build at the State's discretion.
16 Finally, this is simply our artist's
17 conception of what the nursing home would look
18 like, sit on the 12 acres.
19 It is because of these features, along with
20 the overwhelming community support with
21 volunteers ready when the doors are open to
22 provide support to these folks, that we call
23 upon you to accept Mr. Rainwater's
24 recommendation and choose Pasco County as the
25 site for the -- Florida's second veterans
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1 nursing home.
2 Again, I'd like to thank you for the
3 opportunity to address you this morning. And if
4 there are no questions, I'd like to introduce
5 now Mr. Ed Collins, the Chairman of our
6 County Commission.
7 GOVERNOR CHILES: Okay.
8 MR. COLLINS: Governor, members of the
9 Cabinet, it's a pleasure to be here today in
10 support of Pasco as the site of the veterans
11 nursing home.
12 Pasco County was rated number one by the
13 selection committee established by the Cabinet
14 using criteria approved by the Cabinet.
15 Pasco County was the long shot underdog, but we
16 pulled together in the spirit of community, and
17 put together a package that ranked Pasco County
18 number one.
19 Pasco County is proud of its effort, proud
20 of our veterans, and proud of the community
21 effort on this project. Since the announcement
22 of Pasco's number one ranking, other counties
23 have tried to undermine the process and the
24 criteria.
25 Governor and Cabinet members, we all
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1 entered this race with the same criteria.
2 Pasco County placed number one.
3 We are a rural county with a pristine site
4 for this project. We will give this project the
5 attention it deserves. It will be a big fish in
6 a little pond.
7 We ask you to do the right thing. We ask
8 you to keep politics out of your decision. We
9 ask you to support the recommendation of the
10 Selection Committee and designate Pasco County
11 as the site for the new veterans' nursing home.
12 And in summary, I'd like to ask our various
13 veterans who came from Pasco County today in
14 support of this project to please stand. We
15 have representatives from Westpack, Disabled
16 Veterans, we have members of the College of
17 Veterans Club, American Legion, Purple Heart,
18 and numerous other organizations.
19 We also have representatives from the
20 Chamber of Commerce of Land O'Lakes.
21 We appreciate your consideration in this
22 matter and look for your support.
23 Thank you very much.
24 GOVERNOR CHILES: Thank you, sir.
25 Thank you all very much for your
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1 attendance. We're glad to have you here.
2 MR. RAINWATER: Thank you, Pasco County.
3 Next we'd like to introduce a member of the
4 County Commission from Hillsborough County,
5 Commissioner Chris Hart.
6 Commissioner.
7 MR. HART: Good morning, Governor Chiles,
8 members of the Cabinet. I'm Chris Hart,
9 County Commissioner, Hillsborough County.
10 It's my privilege to be before you today to
11 represent Hillsborough County, and also to send
12 regrets from our Board, who would rather be
13 here, but they have a land use and zoning
14 meeting, which takes quite a bit of attention.
15 And on double matter, I'm also proud to
16 stand here for the veterans of Tampa Bay. Over
17 this past year, it's been my privilege to chair
18 the regional coalition, our task force for the
19 veterans of Tampa Bay, with the express purpose
20 of bringing home a site to the largest number of
21 veterans that are unserved and underserved in
22 the state of Florida.
23 And by in large, today because we've got
24 representatives from Pinellas, Hillsborough,
25 Pasco, and Hernando Counties, regardless of the
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1 fact that we are all proud that we've got three
2 of the six recommendations there, we are totally
3 united that we believe we're here in the best
4 interest of veterans of Tampa Bay.
5 But let me address a little bit
6 differently. Let me address to you a site, and
7 why I'm here today to say that
8 Hillsborough County is the site I believe you
9 should select.
10 First of all, we're talking about a
11 partnership. We're talking about a partnership
12 from the Veterans' Affairs, from the Federal
13 level, obviously the State level, the University
14 of South Florida Institute on Aging.
15 In fact, Dr. James Mortimer is here to
16 represent the University of South Florida and to
17 address their interest and support of this site,
18 as well as Hillsborough County. And what we
19 plan to do, in an all people's park and life
20 skills center that I'll describe very briefly to
21 you.
22 In our applications, we're asked to
23 identify within a 75-mile radius the number of
24 veterans we would serve. Well, the radius is
25 very helpful to identify the total number of
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1 veterans, but if you don't recognize that they
2 also have to have a means to avail themselves of
3 those services, as well as the caregivers and
4 family members of those veterans to be able to
5 interact with them.
6 So what I've done is, our Metropolitan
7 Planning Organization, who is the only
8 organization in the state of Florida that can
9 certify time distance factors on
10 transportation --
11 (Governor Chiles exited the room.)
12 MR. HART: -- has identified for us two
13 very quick charts I'd like to show you.
14 Now, if I identified them in your packet
15 before you, under tabs 2 and tabs 3. And first,
16 under tab 2, to make it easy to see. Because I
17 know, if you're like me, you're sometimes
18 looking at -- over your glasses.
19 But we're talking about within 90 minutes
20 of our site in Hillsborough County, we've
21 identified that we can bring over 713,000
22 veterans, if, in fact, that was the desire to
23 our site. Because we're talking about a
24 connection, not only to our region, but the
25 state of Florida, and our local transportation
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1 network.
2 That's a particularly important point,
3 because you're talking about Interstate 75;
4 Interstate 4; Interstate 275; obviously U.S. 19;
5 and U.S. 41, among the many connections.
6 If you turn to tab 3, and we take a closer
7 look at the next chart, we're going to describe
8 for you what happens within 45 minutes. And
9 this is particularly important, because
10 Bay Pines facility is located in
11 Pinellas County -- in fact, are 45 minutes away
12 from our site, using any of three or four direct
13 routes from Pinellas County to Hillsborough
14 County to there.
15 As well as from the southern end, or access
16 from MacDill Air Force Base; the military
17 retired veterans there can avail themselves of
18 these services. And we can't forget that during
19 the winter months, particularly between October
20 and March of each year, the Tampa Bay area down
21 through Sarasota swells by over 250,000
22 additional veterans who can use these services
23 as well.
24 And they're often referred to from the
25 MacDill facility to other facilities throughout
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1 our state network.
2 If you would turn now to chart number 4,
3 please.
4 I'd like to first talk about what is unique
5 in our application. It is not only a
6 partnership that we're proposing, but we would
7 like to address the fact that we've got to
8 address intergenerational issues, not just here
9 and now.
10 But we're finding out throughout our nation
11 that if we do not address these now and begin to
12 recognize that we've got to bring young and old
13 together, it's even worse than differences in
14 parties. We're talking about we're going to
15 have to find a better way -- in fact, meet the
16 challenges of our future.
17 What we propose is a site that is -- that
18 is within the Hillsborough County, near the
19 City of Tampa, cities of Temple Terrace, within
20 4 miles of --
21 (Governor Chiles entered the room.)
22 MR. HART: -- University of South Florida.
23 And if you look at the right side of your
24 chart at the top, looking across from the
25 veterans' nursing home is a residential
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1 community with homes valued at over $110,000.
2 If you look at the next site on there, that
3 is actually a view from the site, which is over
4 45 to 50 feet above sea level. It's not in the
5 100 year floodplain, and it is fertile ground.
6 If you look at the bottom right side of
7 your chart, that is, in fact, looking at the
8 site itself. It has, in fact, over many years,
9 been citrus groves.
10 What I'd like to do at this point in time
11 though is ask Dr. Mortimer to come up and
12 address you briefly from the Institute on Aging
13 of why he and Representative -- the University
14 of South Florida believe so strongly that our
15 approach to the intergenerational needs of our
16 future, particularly as we address healthcare
17 issues, is so important today.
18 Dr. Mortimer.
19 DR. MORTIMER: Governor Chiles, members --
20 members of the Cabinet, distinguished guests.
21 My name is James Mortimer. I am Director of the
22 Institute on Aging at the University of
23 South Florida.
24 Until this past January, I was employed by
25 the U.S. Department of Veterans' Affairs for
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1 21 years; most of that time as the Associate
2 Director of the Geriatric Research, Education,
3 and Clinical Center at the Minneapolis
4 VA Hospital.
5 We were fortunate in Minneapolis to have
6 the state veterans' home located just a 5-minute
7 drive from the VA medical center. And during my
8 tenure there, we developed numerous programs
9 between the medical center and the veterans
10 home, as well as between the veterans home and
11 the University of Minnesota, which was also
12 located less than 15 minutes away.
13 These programs had an enormous positive
14 impact on the quality of care received by
15 veterans -- by residents of the veterans' home.
16 We were able to bring in physicians, nurses,
17 occupational therapists, and others through
18 clinical training and demonstration programs.
19 I doubt very much that these programs would
20 have been in effect had the state veterans' home
21 not been located within close proximity to the
22 university and the VA medical center.
23 And by "close proximity," I mean less than
24 a 15-minute drive. It's remarkable how the
25 interest of both people at universities and
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1 also, I think, Veterans' Administration Medical
2 Center in participating in programs drops off as
3 one goes to, say, a half hour to an hour
4 distance from the facilities.
5 At the University of South Florida, we have
6 one of the most active educational programs in
7 aging in the United States. We offer degrees at
8 every level in gerontology, including the first
9 of its kind Ph.D. program in aging studies.
10 This program is specifically designed to educate
11 the next generation of leaders in aging.
12 It is also important to point out that the
13 University of South Florida is a full service
14 university, with programs in medicine, nursing,
15 public health, and other areas in which care for
16 older persons is of central interest to both
17 students and faculty.
18 I would, therefore, like to add my
19 enthusiastic support to the siting of the new
20 state veterans' home in Tampa, close to the
21 University of South Florida, and to the VA
22 Medical Center.
23 I firmly believe that locating the state
24 veterans' home there would be in the best
25 interest of the veterans who will live in this
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1 facility, and do much to contribute to the
2 quality of care they will receive.
3 Thank you.
4 MR. HART: Thank you, Dr. Mortimer.
5 The University of South Florida is 4 miles
6 away, and less than 10 minutes. We have a
7 shuttle that runs between even Haley's Medical
8 Hospital that's 10 minutes away.
9 And there will be reciprocal relationships,
10 like I say, at the Federal, State, and local
11 level.
12 Let me talk about what is under your tab 5
13 that identifies this site you have before you in
14 this chart.
15 This is representation of what that site
16 would look like. We're talking about the fact
17 that our site is a 27 acre park; that it meets
18 all of the standards of the state of Florida;
19 that, in fact, what we're, in fact, trying to do
20 is find a way that we can include aging
21 citizens, along with physically and mentally
22 challenged people as equal participants in an
23 all people's park and life center.
24 This isn't created anywhere in the state of
25 Florida. We would like to begin it here. We've
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1 got the commitment to do that.
2 One of the things we've learned in
3 Volusia County is that you would perhaps like to
4 have an aquatic pool, because that's a necessary
5 part of the therapy and recreation. We plan to
6 build that.
7 What you see in this site is that we're,
8 in fact, taking all of the costs of all the
9 infrastructure, all the retention ponds, and
10 building an enclosed pool and gymnasium that's
11 accessible by all citizens, not just those who
12 through life's highway, either at birth or
13 through life's experiences, cause them to be
14 there, but so that people of all -- of all ages
15 can come together.
16 And if I might draw your attention to that
17 one picture in the middle, right-hand side of
18 your book, we can't separate the older citizens
19 from their children, their grandchildren, their
20 relatives.
21 And the other side is, they need the older
22 people as well.
23 So what we found out is we've got to find
24 ways to bring our communities together, and we
25 hope that as you review this criteria, you'll
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1 put your personal stamp on this criteria, just
2 not the one that was developed in '91.
3
