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Cabinet
Affairs |
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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
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Representing:
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VOTE ON PAROLE COMMISSIONER
6 STATE BOARD OF ADMINISTRATION
DIVISION OF BOND FINANCE
7 ADMINISTRATION COMMISSION
DEPARTMENT OF REVENUE
8 STATE BOARD OF EDUCATION
BOARD OF TRUSTEES, INTERNAL IMPROVEMENT TRUST FUND
9 ST. JOHNS WATER MANAGEMENT DISTRICT
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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,
December 16, 1997, commencing at approximately
13 9:45 a.m.
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16 Reported by:
17 LAURIE L. GILBERT
Registered Professional Reporter
18 Certified Court Reporter
Certified Realtime Reporter
19 Notary Public in and for
the State of Florida at Large
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23 ACCURATE STENOTYPE REPORTERS, INC.
100 SALEM COURT
24 TALLAHASSEE, FLORIDA 32301
850/878-2221
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1 APPEARANCES:
2 Representing the Florida Cabinet:
3 LAWTON CHILES
Governor
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BOB CRAWFORD
5 Commissioner of Agriculture
6 BOB MILLIGAN
Comptroller
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SANDRA B. MORTHAM
8 Secretary of State
9 BOB BUTTERWORTH
Attorney General
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BILL NELSON
11 Treasurer
12 FRANK T. BROGAN
Commissioner of Education
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ACCURATE STENOTYPE REPORTERS, INC.
December 16, 1997
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1 I N D E X
2 ITEM ACTION PAGE
3 VOTE ON PAROLE COMMISSIONER
4 Vote 6
5 STATE BOARD OF ADMINISTRATION:
(Presented by Tom Herndon,
6 Executive Director)
7 1 Approved 8
2 Approved 8
8 3 Approved 10
4 Approved 11
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DIVISION OF BOND FINANCE:
10 (Presented by J. Ben Watkins, III,
Director)
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1 Approved 12
12 2 Approved 12
3 Approved 13
13 4 Approved 13
14 ADMINISTRATION COMMISSION:
(Presented by Gale Sittig,
15 Deputy Director)
16 1 Approved 14
2 Approved 14
17 3 Approved 14
4 Approved 15
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DEPARTMENT OF REVENUE:
19 (Presented by James A. Zingale,
Assistant Executive Director)
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1 Approved 16
21 2 through 15 Approved 17
16 Approved 18
22 17 Approved 18
18 Approved 18
23 19 Deferred 19
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ACCURATE STENOTYPE REPORTERS, INC.
December 16, 1997
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1 I N D E X
(Continued)
2
ITEM ACTION PAGE
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STATE BOARD OF EDUCATION:
4 (Presented by Wayne V. Pierson,
Deputy Commissioner for Planning,
5 Budgeting and Management)
6 1 Approved 20
2 Approved 20
7 3 Approved 21
4 Approved 21
8 5 Approved 21
6 Approved 23
9 7 Approved 23
8 Approved 24
10 9 Approved 24
10 Approved 25
11 11 Approved 25
12 Approved 25
12 13 Approved 26
14 Approved 26
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ACCURATE STENOTYPE REPORTERS, INC.
December 16, 1997
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1 I N D E X
(Continued)
2
ITEM ACTION PAGE
3
BOARD OF TRUSTEES OF THE
4 INTERNAL IMPROVEMENT
TRUST FUND:
5 (Presented by Virginia B. Wetherell,
Secretary)
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Substitute 1 Approved 27
7 Substitute 2 Withdrawn 28
Second Substitute 3 Approved 28
8 Substitute 4 Approved 29
5 Approved 29
9 6 Approved 29
7 Approved 30
10 8 Approved 30
9 Approved 30
11 10 Approved 30
11 Approved 31
12 12 Approved 31
Substitute 13 Approved 31
13 Substitute 14 Approved 32
15 Approved 32
14 Substitute 16 Deferred 32
17 Approved 32
15 Substitute 18 Approved 35
Substitute 19 Approved 35
16 Substitute 20 Approved 35
Substitute 21 Approved 36
17 Substitute 22 Approved 36
23 Approved 37
18 Substitute 24 Approved 51
19 BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT
20 TRUST FUND
ST JOHNS RIVER WATER
21 MANAGEMENT DISTRICT:
(Presented by Henry Dean,
22 Executive Director)
23 Substitute 1 Approved 54
Substitute 2 Deferred 54, 71
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CERTIFICATE OF REPORTER 72
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ACCURATE STENOTYPE REPORTERS, INC.
VOTE ON PAROLE COMMISSIONER
December 16, 1997
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1 P R O C E E D I N G S
2 (The agenda items commenced at 10:04 a.m.)
3 GOVERNOR CHILES: And now we need a vote on
4 a vacancy for Parole Commissioner. We have
5 three candidates: Terry Byrd, Monica David, and
6 Jimmie Henry.
7 If everyone will vote, I think you have a
8 ballot. And then we'll ask the Attorney General
9 to tally the votes for us.
10 ATTORNEY GENERAL BUTTERWORTH: I have five
11 ballots here, Governor.
12 COMMISSIONER CRAWFORD: It's coming.
13 GOVERNOR CHILES: Just so you don't have
14 eight.
15 TREASURER NELSON: If our Cabinet meeting
16 were in Miami, you might have eight.
17 COMPTROLLER MILLIGAN: That was nasty.
18 ATTORNEY GENERAL BUTTERWORTH: What do you
19 mean by that?
20 GOVERNOR CHILES: These are not absentees.
21 ATTORNEY GENERAL BUTTERWORTH: These are
22 all live voters I think.
23 The -- the new Parole Commissioner is
24 Jimmie Henry.
25 GOVERNOR CHILES: Well, we congratulate
ACCURATE STENOTYPE REPORTERS, INC.
VOTE ON PAROLE COMMISSIONER
December 16, 1997
7
1 Mr. Henry.
2 (The Vote on the Parole Commissioner was
3 concluded.)
4 *
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ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
December 16, 1997
8
1 GOVERNOR CHILES: And now we'll move to our
2 agenda, the State Board of Administration.
3 MR. HERNDON: Item number 1 is approval of
4 the minutes of the meeting held December 4th,
5 1997.
6 COMPTROLLER MILLIGAN: I'll move the
7 minutes.
8 TREASURER NELSON: Second.
9 GOVERNOR CHILES: Moved and seconded.
10 Without objection, they're approved.
11 MR. HERNDON: Item number 2 is approval of
12 fiscal sufficiency for a Florida Housing Finance
13 Agency revenue bond series in the --
14 COMPTROLLER MILLIGAN: Move approval.
15 MR. HERNDON: -- amount of thirteen million
16 six hundred and fifty thousand dollars.
17 TREASURER NELSON: Second.
18 GOVERNOR CHILES: Moved and seconded.
19 Without objection, it's approved.
20 MR. HERNDON: Item number 3 is the
21 Executive Director's report, which summarizes
22 our proposed pay increase for the members at the
23 staff of the SBA and myself, in concert with the
24 pay raise that's contemplated for all State
25 employees.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
December 16, 1997
9
1 COMPTROLLER MILLIGAN: Move Item 3.
2 TREASURER NELSON: And second.
3 GOVERNOR CHILES: Moved and seconded on
4 Item 3.
5 You did say this included yourself?
6 MR. HERNDON: Yes, sir, Governor.
7 That's --
8 GOVERNOR CHILES: Well, I just want to say
9 to start with, I think you're doing an
10 outstanding job. I notice that I'm getting a
11 hundred and seven thousand dollars nine hundred
12 and sixty-one, and you're nudging out to be
13 one-and-a-half times mine, but you're not --
14 looks like you didn't quite reach it on this
15 thing. But better luck next year.
16 MR. HERNDON: Thank you, sir. I'll keep
17 striving. I know that in your case, you got,
18 I think it was 11 billion dollars in the tobacco
19 settlement this year, and the State Board earned
20 13 billion dollars this year in investment
21 return.
22 So we had a better year than you did,
23 but --
24 GOVERNOR CHILES: Well now, I understand
25 it. Okay.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
December 16, 1997
10
1 MR. HERNDON: Item number --
2 GOVERNOR CHILES: Without objection, the
3 item is --
4 MR. HERNDON: Thank you.
5 GOVERNOR CHILES: -- is adopted.
6 MR. HERNDON: Item number 4 would require
7 that you convene the Inland Protection Financing
8 Corporation for the purpose of electing
9 William O. Bell, III, as Treasurer of the
10 Corporation.
11 If you could convene the Corporation,
12 Governor.
13 GOVERNOR CHILES: The Corporation is
14 convened.
15 MR. HERNDON: And the motion -- the motion
16 before you is to appoint William O. Bell, who is
17 the Chief in Financial Policy at the Board to
18 serve as Treasurer for the Corporation till such
19 time as the bonds are issued. So --
20 COMPTROLLER MILLIGAN: I move -- I move the
21 item.
22 TREASURER NELSON: And I second it.
23 GOVERNOR CHILES: It's been moved and
24 seconded.
25 Without objection, the Corporation adopts
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION
December 16, 1997
11
1 that.
2 MR. HERNDON: Thank you. That completes
3 the Agenda.
4 Wish all of you a happy holiday season.
5 GOVERNOR CHILES: All right, sir. Same.
6 (The State Board of Administration Agenda
7 was concluded.)
8 *
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ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
December 16, 1997
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1 GOVERNOR CHILES: Division of Bond Finance.
2 MR. WATKINS: Item 1 is approval of the
3 minutes of the December 4th meeting.
4 COMMISSIONER BROGAN: Move approval.
5 ATTORNEY GENERAL BUTTERWORTH: Second.
6 GOVERNOR CHILES: Moved and seconded.
7 Without objection, it's approved.
8 MR. WATKINS: Item number 2 is a resolution
9 authorizing the issuance of up to five hundred
10 million dollars in Department of Transportation
11 right-of-way bonds.
12 COMMISSIONER BROGAN: Move --
13 SECRETARY MORTHAM: Move --
14 COMMISSIONER BROGAN: -- approval.
15 SECRETARY MORTHAM: Second.
16 GOVERNOR CHILES: Moved and seconded.
17 Without objection, that's approved.
18 MR. WATKINS: Item 3 is a resolution
19 authorizing the issuance of up to
20 two-and-a-half billion dollars of State of
21 Florida Lottery Revenue Bonds for the financing
22 program approved at the special session this
23 past year.
24 COMMISSIONER BROGAN: Move approval.
25 SECRETARY MORTHAM: Second.
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE
December 16, 1997
13
1 ATTORNEY GENERAL BUTTERWORTH: Second.
2 GOVERNOR CHILES: Moved and seconded.
3 Without objection, that's approved.
4 MR. WATKINS: Item number 4 is a report of
5 award of the sale of approximately two hundred
6 million dollars in turnpike revenue refunding
7 bonds. The bonds were sold at competitive sale
8 at a true interest cost of approximately
9 5.03 percent, resulting in gross savings of
10 approximately twenty-five-and-a-half
11 million dollars, annual debt service savings of
12 approximately a million seventy-five thousand,
13 present value savings of about 15 million
14 dollars.
15 GOVERNOR CHILES: That's a great move.
16 Moved and --
17 COMMISSIONER BROGAN: Move the item.
18 COMPTROLLER MILLIGAN: And second.
19 GOVERNOR CHILES: Moved and seconded.
20 Without objection, that's approved.
21 Thank you.
22 MR. WATKINS: Thank you.
23 (The Division of Bond Finance Agenda was
24 concluded.)
25 *
ACCURATE STENOTYPE REPORTERS, INC.
ADMINISTRATION COMMISSION
December 16, 1997
14
1 GOVERNOR CHILES:
2 Administration Commission.
3 MS. SITTIG: Item 1, recommend approval of
4 the minutes for the meeting held December 4th,
5 1997.
6 COMMISSIONER BROGAN: Move the item.
7 COMPTROLLER MILLIGAN: Second.
8 ATTORNEY GENERAL BUTTERWORTH: Second.
9 GOVERNOR CHILES: Moved and seconded.
10 Without objection, that's approved.
11 MS. SITTIG: Item 2, recommend approval of
12 the transfer of general revenue appropriations
13 for the Department of Children and Families.
14 SECRETARY MORTHAM: Move approval.
15 COMMISSIONER BROGAN: Second.
16 GOVERNOR CHILES: Moved and seconded.
17 Without objection, that's approved.
18 MS. SITTIG: Item 3, recommend approval of
19 Items A and B for the Justice Administration
20 Commission.
21 SECRETARY MORTHAM: Move approval.
22 COMMISSIONER BROGAN: Second.
23 GOVERNOR CHILES: Moved and seconded.
24 Without objection, that's approved.
25 MS. SITTIG: And Item 4, request approval
ACCURATE STENOTYPE REPORTERS, INC.
ADMINISTRATION COMMISSION
December 16, 1997
15
1 for the temporary transfer of up to 54.8 million
2 from trust funds in the State Treasury to the
3 State Employees Health Insurance Trust Fund.
4 ATTORNEY GENERAL BUTTERWORTH: Motion.
5 GOVERNOR CHILES: Motion.
6 SECRETARY MORTHAM: Second.
7 GOVERNOR CHILES: Second.
8 Without objection, that's approved.
9 MS. SITTIG: Thank you.
10 (The Administration Commission Agenda was
11 concluded.)
12 *
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ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE
December 16, 1997
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1 GOVERNOR CHILES: Department of Revenue.
2 Thank you, ma'am.
3 DR. ZINGALE: Item 1 is to request approval
4 of the minutes of the December 4th, 1997,
5 meeting.
6 COMMISSIONER BROGAN: Move the minutes.
7 ATTORNEY GENERAL BUTTERWORTH: Second.
8 COMPTROLLER MILLIGAN: Second.
9 GOVERNOR CHILES: Moved and seconded.
10 Without objection, they're approved.
11 DR. ZINGALE: Governor, Members, Items 2
12 through 15 are all rules which are requesting
13 permission to file notices of proposed
14 rulemaking for the purpose of repealing the
15 rules. The rules have all been superseded by
16 the revisions of the Administrative Procedures
17 Act and the uniform rules promulgated under that
18 act. Therefore, our individual rules are no
19 longer needed.
20 I would suggest in the interest of time
21 that you act on all these issues in one motion.
22 COMPTROLLER MILLIGAN: I'll move Items 2
23 through 15.
24 COMMISSIONER BROGAN: I'll second the
25 motion.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE
December 16, 1997
17
1 GOVERNOR CHILES: It's been moved en bloc.
2 TREASURER NELSON: Governor --
3 GOVERNOR CHILES: Yes, sir.
4 TREASURER NELSON: -- I'd like to --
5 GOVERNOR CHILES: And seconded.
6 TREASURER NELSON: -- ask a question.
7 I just want to clarify that these items in
8 2 through 15 are being repealed because they are
9 redundant or otherwise unnecessary.
10 DR. ZINGALE: Yes.
11 TREASURER NELSON: And that they are
12 addressed elsewhere in the Department of Revenue
13 rules, or in another Agency's rules --
14 DR. ZINGALE: Yes.
15 TREASURER NELSON: -- is that correct?
16 DR. ZINGALE: Yes.
17 TREASURER NELSON: Thanks.
18 GOVERNOR CHILES: Without objection, it's
19 approved.
20 DR. ZINGALE: Item 16 is to request
21 permission to submit the Department's Strategic
22 Plan for 1998 through 2003 to the Executive
23 Office of the Governor for review.
24 SECRETARY MORTHAM: Move approval.
25 COMMISSIONER BROGAN: Second.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE
December 16, 1997
18
1 GOVERNOR CHILES: Moved and seconded.
2 Without objection, that's approved.
3 DR. ZINGALE: Item 17 is to request
4 permission to submit an amended budget request
5 to the Executive Office of the Governor. This
6 amended request reflects a net reduction of
7 404 positions, and 25.8 million dollars from the
8 Department's initial budget request.
9 SECRETARY MORTHAM: Move approval.
10 COMMISSIONER BROGAN: Second.
11 COMPTROLLER MILLIGAN: Second.
12 GOVERNOR CHILES: Moved and seconded.
13 Without objection, that's approved.
14 DR. ZINGALE: Item 18 is to request
15 permission to file a notice for proposed
16 rulemaking for the creation of Rule Section
17 12B-6.0051, Public Service Reporting Form. This
18 new form is necessary to implement 1997
19 legislation.
20 COMPTROLLER MILLIGAN: Move approval.
21 SECRETARY MORTHAM: Second.
22 GOVERNOR CHILES: Moved and --
23 SECRETARY MORTHAM: Second.
24 GOVERNOR CHILES: -- seconded.
25 Without objection, it's approved.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE
December 16, 1997
19
1 DR. ZINGALE: Item 19 is request permission
2 to file notice of proposed rule making to amend
3 Rule 12C-2, Intangible Tax.
4 I understand that there will be a motion to
5 defer this item to the next meeting, and the
6 Department has no objections to that deferral.
7 SECRETARY MORTHAM: Move deferral.
8 ATTORNEY GENERAL BUTTERWORTH: Second.
9 COMPTROLLER MILLIGAN: Second.
10 GOVERNOR CHILES: Moved and seconded on
11 deferral.
12 Without objection, that's approved.
13 DR. ZINGALE: Thank you. And wish --
14 GOVERNOR CHILES: Thank you, sir.
15 DR. ZINGALE: -- you a happy holiday.
16 GOVERNOR CHILES: Thank you, sir. Same to
17 you.
18 (The Department of Revenue Agenda was
19 concluded.)
20 *
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ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
December 16, 1997
20
1 GOVERNOR CHILES: State Board of
2 Education.
3 MR. PIERSON: Item 1 is minutes of the
4 meeting held on October 21st, 1997.
5 COMMISSIONER BROGAN: Move the minutes.
6 SECRETARY MORTHAM: Second.
7 GOVERNOR CHILES: Moved and --
8 SECRETARY MORTHAM: Second.
9 GOVERNOR CHILES: -- seconded.
10 Without objection, they're approved.
11 MR. PIERSON: Item 2 is adoption of a
12 resolution requesting the Division of
13 Bond Finance of the State Board of
14 Administration to validate and authorize the
15 issuance of not exceeding
16 two-and-a-half billion, Florida Lottery Revenue
17 Bonds.
18 COMMISSIONER BROGAN: Move approval.
19 SECRETARY MORTHAM: Second.
20 GOVERNOR CHILES: Moved and seconded.
21 Without objection, it's approved.
22 MR. PIERSON: Item 3 is a comprehensive
23 student financial aid electronic data system
24 consulting contract.
25 COMMISSIONER BROGAN: Move approval.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
December 16, 1997
21
1 SECRETARY MORTHAM: Second.
2 GOVERNOR CHILES: Moved and seconded.
3 Without objection, that's approved.
4 MR. PIERSON: Item 4 is a technology
5 project for the Bureau of Teacher Certification
6 contract.
7 COMMISSIONER BROGAN: Move approval.
8 SECRETARY MORTHAM: Second.
9 GOVERNOR CHILES: Moved and seconded.
10 Without objection, that's approved.
11 MR. PIERSON: Item 5 are recommended fees
12 for the 1998-99 Workforce Development Programs.
13 COMMISSIONER BROGAN: Move the item.
14 ATTORNEY GENERAL BUTTERWORTH: Second.
15 GOVERNOR CHILES: Moved and seconded.
16 Without objection, that's approved.
17 MR. PIERSON: Item 6 is Florida
18 Board of Regents request for approval to
19 exercise the right of eminent domain,
20 Florida A&M University.
21 And there is an affected resident who would
22 like to speak to the Board.
23 Mr. Weser Khufu.
24 MR. KHUFU: Good morning. Thank you,
25 Governor and Cabinet --
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
December 16, 1997
22
1 GOVERNOR CHILES: Yes, sir.
2 MR. KHUFU: -- for letting me speak.
3 I own the property located on
4 320 West Pershing Street. And this is a mixed
5 use piece of property. I have a lot of money
6 invested in it, and it's commercial property
7 that at the present time I can't really rent on
8 a long-term lease. And this has been -- over
9 the last couple of years, three years, since
10 FAMU has made its intentions to take the
11 property in that area.
12 I have no objection to them acquiring the
13 property. But as I say, I have a lot of
14 overhead on the property, and I would like to --
15 like for them to expedite their procedure in
16 taking the property. Just as FAMU want to grow
17 and move on, I would like to be able to move on
18 with my life, and do something -- I'm a builder,
19 and be able to build another place.
20 I'm not concerned about the price, whatever
21 the price that we negotiated on, that's going to
22 be done, I guess, through appraisals and all.
23 But my main concern is the time frame,
24 because the time frames that I have been dealing
25 with on this issue have been -- it's been long
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
December 16, 1997
23
1 and drawn out, and I just want to be sure that
2 this process can be expedited. That's my only
3 concern, that they expedite this process.
4 GOVERNOR CHILES: Other questions?
5 Thank you, sir.
6 MR. KHUFU: Thank you.
7 COMMISSIONER BROGAN: I'll move approval of
8 the item, Governor, if that's all the speakers.
9 COMMISSIONER CRAWFORD: Second.
10 GOVERNOR CHILES: It's been moved and
11 seconded.
12 Without objection, it's approved.
13 MR. PIERSON: Item 7 is a Florida
14 Board of Regents request for approval to
15 exercise the right of eminent domain,
16 Florida State University.
17 COMMISSIONER BROGAN: Move approval.
18 SECRETARY MORTHAM: Second.
19 GOVERNOR CHILES: Moved and seconded.
20 Without objection, it's --
21 COMPTROLLER MILLIGAN: I -- I object,
22 Governor.
23 GOVERNOR CHILES: All right. Moved and
24 seconded.
25 And it's approved with one objection.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
December 16, 1997
24
1 MR. PIERSON: Item 8 is an amendment to
2 Rule 6A-1.001, District Financial Records. It's
3 an update to a financial manual.
4 COMMISSIONER BROGAN: Move approval.
5 SECRETARY MORTHAM: Second.
6 GOVERNOR CHILES: Moved and seconded.
7 Without objection, it's approved.
8 MR. PIERSON: Item 9 is an amendment to
9 Rule 6A-6.021, to which we would offer an
10 amendment, putting in an effective date of
11 March 1st, 1997. The rule was State -- State of
12 Florida high school diplomas.
13 COMMISSIONER BROGAN: I will move Item 9 as
14 amended, Governor.
15 ATTORNEY GENERAL BUTTERWORTH: Second.
16 GOVERNOR CHILES: Moved and seconded.
17 Item 9 is amended as adopted, without
18 objection.
19 MR. PIERSON: Item 10 is an amendment to
20 State University System Rule 6C-5.915,
21 Compensation.
22 COMMISSIONER BROGAN: Move approval.
23 GOVERNOR CHILES: It's been moved --
24 COMMISSIONER CRAWFORD: Second.
25 GOVERNOR CHILES: -- and seconded.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
December 16, 1997
25
1 Without objection, that's approved.
2 MR. PIERSON: Item 11 is the Commissioner's
3 appointments and reappointments to the Education
4 Practices Commission: Diane M. Porter, a
5 reappointment, September 30th, 2001;
6 Grace A. Williams, appointment, September 30,
7 2001; and Phoebe Raulerson, appointment,
8 September 30th, 2001.
9 COMMISSIONER BROGAN: Move the
10 appointments.
11 ATTORNEY GENERAL BUTTERWORTH: Second.
12 GOVERNOR CHILES: Second.
13 Without objection, they're approved.
14 MR. PIERSON: Item 12 are appointments to
15 the District Board of Trustees,
16 South Florida Community College.
17 Appointee: James L. Livingston; term,
18 May 31st, 1999.
19 COMMISSIONER BROGAN: Move approval.
20 SECRETARY MORTHAM: Move -- second.
21 GOVERNOR CHILES: Moved and seconded.
22 Without objection, it's approved.
23 MR. PIERSON: Item 13 is appointment to the
24 State Board of Community Colleges.
25 Appointee: Matthew F. Yarber;
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF EDUCATION
December 16, 1997
26
1 September 30th, 1998.
2 COMMISSIONER BROGAN: Move the appointment.
3 COMPTROLLER MILLIGAN: Second.
4 GOVERNOR CHILES: Moved and seconded.
5 Without objection, that's approved.
6 MR. PIERSON: Item 14 is appointment to the
7 Manatee Community College Board of Trustees.
8 Appointee, Julia B. Fogarty; May 31st,
9 2000.
10 COMMISSIONER BROGAN: Move approval.
11 ATTORNEY GENERAL BUTTERWORTH: Second.
12 GOVERNOR CHILES: Moved and seconded.
13 Without objection, that's approved.
14 MR. PIERSON: Thank you.
15 (The State Board of Education Agenda was
16 concluded.)
17 *
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ACCURATE STENOTYPE REPORTERS, INC.
BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND
December 16, 1997
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1 GOVERNOR CHILES: Board of Trustees, the
2 Internal Improvement Fund; and St. Johns River
3 Management District.
4 MR. DANNY FUCHS: All right. We're going
5 to find Henry Dean. He's outside.
6 GOVERNOR CHILES: Trustees of the Internal
7 Improvement Fund.
8 Switch over.
9 MR. DANNY FUCHS: Let me find them.
10 GOVERNOR CHILES: Tell them we're ready to
11 adjourn.
12 MR. DANNY FUCHS: She's on her way.
13 COMMISSIONER CRAWFORD: We're not
14 interrupting anything for her, are we?
15 Okay.
16 COMPTROLLER MILLIGAN: Don't get personal.
17 MS. WETHERELL: Sorry.
18 I'm so sorry. Y'all are moving too fast
19 today. Apologize.
20 I know Item 1 is minutes.
21 ATTORNEY GENERAL BUTTERWORTH: Motion.
22 COMMISSIONER CRAWFORD: Second.
23 GOVERNOR CHILES: Without objection, the
24 minutes are approved.
25 MS. WETHERELL: Item 2, we're recommending
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1 withdrawal.
2 ATTORNEY GENERAL BUTTERWORTH: Motion to
3 withdraw.
4 COMMISSIONER BROGAN: Second.
5 GOVERNOR CHILES: Moved and seconded.
6 Without objection, Item 2 is withdrawn.
7 MS. WETHERELL: Item 3 is the quarterly
8 management report.
9 ATTORNEY GENERAL BUTTERWORTH: Motion.
10 COMMISSIONER BROGAN: Move approval.
11 ATTORNEY GENERAL BUTTERWORTH: Second.
12 GOVERNOR CHILES: Moved and seconded.
13 Without objection, that's approved.
14 MS. WETHERELL: Item 4 is acceptance in a
15 land sale.
16 COMPTROLLER MILLIGAN: I'll move the item,
17 Governor, but I need to make a comment.
18 We seem to always buy high, and sell low.
19 And once again today, we've seen -- we're paying
20 top dollar, and we're certainly letting some
21 property get away at a better than reasonable
22 price.
23 But I'll move the motion.
24 COMMISSIONER BROGAN: I'll second.
25 COMPTROLLER MILLIGAN: Move the item.
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1 GOVERNOR CHILES: Moved and seconded.
2 Without objection --
3 COMPTROLLER MILLIGAN: Without objection.
4 GOVERNOR CHILES: -- then it's passed.
5 MS. WETHERELL: Item 5, assignment of an
6 option agreement and a waiver of survey.
7 SECRETARY MORTHAM: Move approval.
8 COMPTROLLER MILLIGAN: Move the item.
9 COMMISSIONER BROGAN: Second.
10 GOVERNOR CHILES: It's been moved and
11 seconded.
12 Without objection, it's approved.
13 MS. WETHERELL: Item 6 is an option
14 agreement for the Archie Carr Turtle Refuge CARL
15 project.
16 SECRETARY MORTHAM: Move approval.
17 COMMISSIONER BROGAN: Second.
18 GOVERNOR CHILES: Moved and seconded.
19 Without objection, it's approved.
20 MS. WETHERELL: Item 7 is a purchase
21 agreement for Belle Meade CARL project and a
22 waiver of survey.
23 COMMISSIONER BROGAN: Move approval.
24 COMPTROLLER MILLIGAN: Second.
25 GOVERNOR CHILES: Moved and seconded.
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1 Without objection, that's approved.
2 MS. WETHERELL: Item 8, four option
3 agreements for Belle Meade CARL project and a
4 request for waiver of survey.
5 SECRETARY MORTHAM: Move approval.
6 COMMISSIONER BROGAN: Second.
7 GOVERNOR CHILES: Moved and seconded.
8 Without objection, that's approved.
9 MS. WETHERELL: Item 9, an option agreement
10 for Rookery Bay CARL project.
11 SECRETARY MORTHAM: Move approval.
12 COMMISSIONER BROGAN: Second.
13 GOVERNOR CHILES: Moved and seconded.
14 Without objection, that's approved.
15 MS. WETHERELL: Item 10 is an option
16 agreement for the Apalachicola CARL project and
17 designation of DEP Marine Resources as the
18 managing agency and the management policy.
19 SECRETARY MORTHAM: Move approval.
20 COMPTROLLER MILLIGAN: Second.
21 COMMISSIONER BROGAN: Second.
22 GOVERNOR CHILES: It's been moved and
23 seconded.
24 Without objection, it's approved.
25 MS. WETHERELL: Item 11, an option
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1 agreement for Emerson Point CARL project.
2 COMPTROLLER MILLIGAN: Move approval.
3 COMMISSIONER BROGAN: Second.
4 GOVERNOR CHILES: Moved and seconded.
5 Without objection, it's approved.
6 MS. WETHERELL: Item 12 is an option
7 agreement for Tomoka State Park Recreation and
8 Park Addition.
9 COMMISSIONER BROGAN: Move approval.
10 COMPTROLLER MILLIGAN: Second.
11 GOVERNOR CHILES: Moved and seconded.
12 Without objection, it's approved.
13 MS. WETHERELL: Substitute Item 13 is an
14 acquisition agreement for a CARL project.
15 SECRETARY MORTHAM: Move approval.
16 COMMISSIONER BROGAN: Second.
17 GOVERNOR CHILES: Moved and seconded.
18 Without objection, that's approved.
19 MS. WETHERELL: I didn't want to pronounce
20 that, as you probably noticed.
21 Substitute Item 14 is an action --
22 acquisition agreement for the North Fork
23 St. Lucie CARL project.
24 COMMISSIONER BROGAN: Move approval.
25 SECRETARY MORTHAM: Second.
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1 ATTORNEY GENERAL BUTTERWORTH: Second.
2 GOVERNOR CHILES: Moved and seconded.
3 Without objection, that's approved.
4 MS. WETHERELL: Item 15 is a purchase
5 agreement for the Department of Transportation.
6 SECRETARY MORTHAM: Move approval.
7 COMMISSIONER BROGAN: Second.
8 GOVERNOR CHILES: Moved and seconded.
9 Without objection, it's approved.
10 MS. WETHERELL: Item -- Substitute Item 16
11 is also a purchase agreement, but we're
12 recommending deferral.
13 COMMISSIONER BROGAN: Move deferral.
14 SECRETARY MORTHAM: Second.
15 GOVERNOR CHILES: Moved and seconded on
16 motion to defer.
17 And without objection, it's agreed.
18 MS. WETHERELL: Substitute Item 17 is a
19 purchase agreement for DOT.
20 SECRETARY MORTHAM: Move approval.
21 COMMISSIONER BROGAN: Second.
22 GOVERNOR CHILES: Moved and seconded.
23 Without objection, it's approved.
24 MS. WETHERELL: Substitute Item 18 is a
25 best estimate option agreement for the
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1 Department of Juvenile Justice.
2 COMMISSIONER BROGAN: Move approval.
3 COMPTROLLER MILLIGAN: Let me --
4 SECRETARY MORTHAM: Second.
5 COMPTROLLER MILLIGAN: I have a question,
6 Governor --
7 GOVERNOR CHILES: Yes, sir.
8 COMPTROLLER MILLIGAN: -- real quick
9 question.
10 This particular piece of property, would
11 this piece have been purchased if it had not
12 been directed by the Legislature to purchase
13 this?
14 MS. WETHERELL: Would the
15 Department of Transportation wanted that piece
16 of property, is that the question?
17 COMPTROLLER MILLIGAN: No. We're on 17 --
18 18, I believe?
19 MS. WETHERELL: Right.
20 COMPTROLLER MILLIGAN: Juvenile Justice.
21 MS. WETHERELL: I don't know how the
22 Department of Transportation communicated with
23 the Legislature on that. So, you know, it's
24 hard for me --
25 COMPTROLLER MILLIGAN: No, I --
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1 MS. WETHERELL: -- to answer because --
2 COMPTROLLER MILLIGAN: -- I think --
3 MS. WETHERELL: -- they negotiated --
4 COMPTROLLER MILLIGAN: We're on Item 18,
5 I believe, is --
6 MS. WETHERELL: Uh-hum.
7 COMPTROLLER MILLIGAN: -- that correct?
8 MS. WETHERELL: I mean -- I meant
9 Juvenile Justice.
10 COMPTROLLER MILLIGAN: Okay.
11 MS. WETHERELL: I'm sorry.
12 COMPTROLLER MILLIGAN: Okay.
13 MS. WETHERELL: I keep saying
14 Transportation.
15 But I don't know what the conversation
16 was. I assume that the Department of Juvenile
17 Justice knew they wanted these parcels, and the
18 Legislature gives them -- this ability to do a
19 best estimate --
20 Do you have an answer to that? Okay.
21 MS. CASEY: Yes, sir. This is a piece of
22 property that we identified to the Legislature
23 prior to it showing up as --
24 COMPTROLLER MILLIGAN: Okay.
25 MS. CASEY: -- proviso.
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1 COMPTROLLER MILLIGAN: All right. So it is
2 meeting your needs, specific needs.
3 MS. CASEY: Yes, sir.
4 COMPTROLLER MILLIGAN: All right.
5 Thank you.
6 MS. WETHERELL: Okay.
7 GOVERNOR CHILES: It's been moved and
8 seconded.
9 Without objection, it's approved.
10 MS. WETHERELL: Substitute Item 19 is also
11 a best estimate option agreement for Department
12 of Juvenile Justice.
13 SECRETARY MORTHAM: Move approval.
14 COMMISSIONER BROGAN: Second.
15 GOVERNOR CHILES: Moved and seconded.
16 Without objection, that's approved.
17 MS. WETHERELL: Substitute Item 20 is a
18 best estimate for Department of
19 Juvenile Justice.
20 COMMISSIONER BROGAN: Move approval.
21 SECRETARY MORTHAM: Second.
22 GOVERNOR CHILES: Moved and seconded.
23 Without objection, that's approved.
24 MS. WETHERELL: Substitute Item 21 are two
25 best estimate option agreements for the
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1 Department of Juvenile Justice.
2 SECRETARY MORTHAM: Move approval.
3 COMMISSIONER BROGAN: Second.
4 GOVERNOR CHILES: Moved and seconded.
5 Without objection, it's approved.
6 MS. WETHERELL: Substitute Item 22 is a
7 disclaimer and exchange.
8 COMMISSIONER BROGAN: Move approval.
9 COMPTROLLER MILLIGAN: Second.
10 GOVERNOR CHILES: Moved and seconded.
11 Without objection, it's approved.
12 ATTORNEY GENERAL BUTTERWORTH: I object,
13 Governor.
14 GOVERNOR CHILES: All right. Objection is
15 noted.
16 MS. WETHERELL: And Item 23 is a
17 modification of a submerged land lease.
18 SECRETARY MORTHAM: Governor, I'd like to
19 move an amended version of the staff's
20 recommendation to exclude the roughly
21 29,000 square feet of marshy area from the
22 lease.
23 In exchange for this, it's my understanding
24 that the applicant is willing to raise the most
25 eastwardly dock to allow small boats access to
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1 the area, and further that the applicant has
2 agreed to place necessary signs in the area that
3 makes it clear that public fishing is allowed in
4 the area.
5 And finally, I'd like staff of DEP to work
6 out the necessary details with the applicant so
7 that the marina ultimately satisfies the DEP's
8 concerns over public access.
9 COMMISSIONER BROGAN: I'll second that
10 motion.
11 GOVERNOR CHILES: It's been moved and
12 seconded as amended.
13 Without objection, it's approved.
14 MS. WETHERELL: And Substitute Item 24 is a
15 special event lease.
16 COMMISSIONER BROGAN: Just a quick
17 question, Governor, if I might.
18 GOVERNOR CHILES: Yes, sir.
19 COMMISSIONER BROGAN: Secretary, have all
20 the issues on this one been worked out?
21 MS. WETHERELL: On this one or the previous
22 one?
23 COMPTROLLER MILLIGAN: The previous one.
24 COMMISSIONER BROGAN: The previous one.
25 MS. WETHERELL: The previous one.
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1 Kirby just told me that they've just signed
2 the lease and just paid. So we're in --
3 COMMISSIONER BROGAN: I'll move approval,
4 Governor.
5 COMPTROLLER MILLIGAN: They have paid --
6 MS. WETHERELL: Just did, uh-hum. Uh-hum.
7 GOVERNOR CHILES: This is Substitute
8 Item 24 now?
9 MS. WETHERELL: Yes, sir.
10 COMMISSIONER BROGAN: Yes, sir.
11 GOVERNOR CHILES: It's been moved and --
12 COMPTROLLER MILLIGAN: I'll second it.
13 GOVERNOR CHILES: And seconded.
14 ATTORNEY GENERAL BUTTERWORTH: I have a
15 question, Governor, if I can.
16 GOVERNOR CHILES: Yes, sir.
17 ATTORNEY GENERAL BUTTERWORTH: I understand
18 that there are a number of members of a rowing
19 club that have a problem with this.
20 Is there anyone here today to discuss that
21 issue?
22 MS. WETHERELL: Yes. We do have two
23 people, Mark Derr and Joe O'Connor.
24 Did y'all wish to speak?
25 MR. O'CONNOR: My name is Joe O'Connor, and
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1 I'm the head rowing coach at the
2 University of Miami.
3 We have been rowing on Indian Creek since
4 1990, and we have been working with the boat
5 show since then on trying to keep the waterway
6 safe for the -- the rowers that are on the
7 creek.
8 The problem we have with the boat show has
9 been the influx of the motor yachts that come
10 into the creek with virtual no regard for the
11 rowing shells. The rowing shells are very low
12 to the water, with very little freeboard. And
13 the wakes that are caused by the -- by the motor
14 yachts, as well as the size of the motor yachts,
15 creates a dangerous situation for our rowers.
16 We have had many near misses and some very
17 serious situations on the creek because of this.
18 Show management has been working quite
19 diligently since the last boat show with the
20 University and with the Rowing Center on trying
21 to make the -- make the creek safer for -- for
22 the rowers. And as I said, they have made a
23 diligent effort.
24 My concern is the expansion of the boat
25 show and the granting of a five-year lease. The
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1 show historically has -- has not complied with
2 the safety issues that have been set forth.
3 This year, they are making their best effort,
4 and that is basically due to the -- the pressure
5 that we have been putting on them with DERM and
6 with the Army Corps, and with the planning and
7 zoning board from Miami Beach to keep the area
8 and the waterway safe.
9 If a five-year lease is granted, I'm just
10 afraid that the show will continue to expand,
11 and -- in an already very crowded, confined
12 waterway, and it will create a very serious
13 safety situation.
14 I have been a rowing coach for the past
15 20 years, and whenever you get a situation where
16 there are that many power boats that are in an
17 unrestricted situation, accidents do happen. We
18 have been very fortunate not to have had a
19 serious accident to this point, and I think if
20 the -- if the people are granted a five-year
21 lease and the show does continue to grow, it
22 could create a very serious safety situation for
23 us.
24 GOVERNOR CHILES: Questions?
25 COMMISSIONER BROGAN: Just one, Governor.
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1 My -- my understanding is that an
2 accommodation has been made in terms of
3 Marine Patrol, et cetera, is that --
4 MR. O'CONNOR: Yes. As I said earlier, the
5 show management group has been working very
6 diligently this year since the last boat show to
7 try and make it safer. They have -- we do have
8 Miami Beach Marine Patrol and Indian Creek
9 Marine Patrol are going to lend some
10 assistance.
11 But this is the first time this has
12 happened. And I'm -- I'm just afraid, because I
13 have been doing this, and I have seen what has
14 happened, that with -- without coming back for a
15 yearly review, the situation could escalate to
16 what -- to what it has been.
17 The planning and zoning board from
18 Miami Beach has given them a one-year lease, and
19 it will come back for review. And DERM and the
20 Army Corps are going along with this also.
21 And I was hoping that the State Board would
22 also go along with the one-year lease so we can
23 see that the safety issues are met, and that it
24 is a safe environment for the rowers.
25 ATTORNEY GENERAL BUTTERWORTH: Governor,
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1 I'd like to move a -- if it's appropriate at
2 this time, amend the motion to move that a
3 special lease condition be included to ensure
4 that the applicant complies with all terms and
5 conditions set forth by the Army
6 Corps of Engineers; Dade County; and the City of
7 Miami, especially, with regard to the
8 accommodations necessary to the rowers using the
9 Indian Creek waterway.
10 I believe they have already --
11 GOVERNOR CHILES: What does that mean?
12 ATTORNEY GENERAL BUTTERWORTH: That means
13 that the City of Miami and the Army Corps have
14 already made the accommodations, but the
15 applicant does not really think we have to agree
16 to them. We probably should, but I want to let
17 them know that even at this level, he has to
18 agree with that.
19 GOVERNOR CHILES: But does that say they've
20 got to take care of any problems that the rowers
21 clubs come up with? You know, sounds like to me
22 that may just say, you're not going to have a
23 boat show.
24 ATTORNEY GENERAL BUTTERWORTH: Well,
25 I think the City of Miami, Governor, wants the
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1 boat show. But they also want the rowers, which
2 as I understand, is a number of universities,
3 they use this particular parcel, and I believe
4 everybody's trying to work together.
5 And I think we do owe an obligation to
6 people that have historically used this
7 waterway. And as the show grows, I think it can
8 be done in conjunction with nobody losing the
9 recreational rights, or any other rights that
10 they have.
11 I'm much in favor of the show, Governor,
12 but I think that --
13 GOVERNOR CHILES: Yes, sir. I'm just
14 trying to -- the wording of it just -- I just
15 listened to it, but it kind of concerned me that
16 if you have to meet the objections, you can
17 always keep raising objections, you know, and
18 say you haven't met them. And --
19 MS. WETHERELL: Can I suggest --
20 ATTORNEY GENERAL BUTTERWORTH: Well, the
21 City of Miami has such a stable government,
22 Governor, I -- I don't understand why --
23 GOVERNOR CHILES: Is it the City of Miami
24 that's going to make the determination --
25 ATTORNEY GENERAL BUTTERWORTH: Well, I --
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1 GOVERNOR CHILES: -- or the boat show --
2 ATTORNEY GENERAL BUTTERWORTH: Well,
3 Governor --
4 GOVERNOR CHILES: -- or the rowers?
5 ATTORNEY GENERAL BUTTERWORTH: -- it --
6 well, you know, the City of Miami -- the rowers
7 may not want the City of Miami to make the
8 determination. They may decide rowers are not,
9 you know, compatible with the use of anything.
10 But despite the fact what to -- what
11 condition the City of Miami government's in, I
12 think the City of Miami is attempting to work
13 with the rowers, and obviously the boat show.
14 COMPTROLLER MILLIGAN: Governor --
15 ATTORNEY GENERAL BUTTERWORTH: I mean, I
16 might not be as -- as particular as I should be
17 on the issue, but I do want to make sure that
18 safety is met during the boat show.
19 I understand the rowers -- you lose -- even
20 though you might have 80 feet, you do lose a
21 line of visibility. And that has to be worked
22 out with the Marine Patrol, and also the
23 Coast Guard, I believe.
24 MS. WETHERELL: Governor --
25 GOVERNOR CHILES: Yes.
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1 MS. WETHERELL: -- if I could suggest to
2 the General that we could make as part of our --
3 of this special event lease a condition that
4 they report annually, and that if they don't
5 satisfy these conditions -- that condition, then
6 it wouldn't be renewed, so you would have a
7 chance to annually review whether or not they
8 met those.
9 ATTORNEY GENERAL BUTTERWORTH: I have no
10 problem with that. That would achieve the same
11 thing I'm attempting to achieve.
12 GOVERNOR CHILES: That would?
13 ATTORNEY GENERAL BUTTERWORTH: Yeah.
14 GOVERNOR CHILES: All right. Then -- so
15 you --
16 ATTORNEY GENERAL BUTTERWORTH: I move --
17 GOVERNOR CHILES: -- withdraw it?
18 ATTORNEY GENERAL BUTTERWORTH: -- the
19 motion.
20 GOVERNOR CHILES: All right.
21 ATTORNEY GENERAL BUTTERWORTH: Well, I'll
22 move whatever the Executive Director wanted
23 there.
24 GOVERNOR CHILES: All right.
25 COMMISSIONER BROGAN: I made the motion --
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1 or made the original motion, so what I would
2 amend it to is the Secretary's recommendation
3 that it come back for an annual review and make
4 certain that there was a -- the problems were
5 worked out the previous year.
6 Is that what you're --
7 MS. WETHERELL: Right. That they report
8 annually, and that as part of a -- of a special
9 condition of this lease, that they meet these
10 requirements, and you have a chance to review it
11 annually.
12 COMMISSIONER BROGAN: Okay. I -- I'm just
13 still not quite sure I understand what the
14 requirements are. I'm a little -- like the
15 Governor on this one, I absolutely understand --
16 MR. O'CONNOR: I can expand a little bit on
17 that --
18 COMMISSIONER BROGAN: -- what we're trying
19 to do here, but I don't ever like to give
20 anybody an open door to --
21 MR. O'CONNOR: I can expand a little bit on
22 that.
23 Last year at the boat show, we had -- we
24 had created a situation with show management
25 that they were going to have spotter boats at
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1 each end of the channel.
2 Now, there's a channel that's created that
3 runs for approximately 800 meters. And it's a
4 blind channel. You can't see from one end of
5 the channel to the other.
6 So if you get in there with a rowing shell,
7 you really aren't aware of what's around the
8 bend as you're going. And if you're caught in
9 there with a powerboat, there's -- the
10 powerboat, the motor yacht can't turn around,
11 and the rowing shell --
12 COMMISSIONER BROGAN: Well, what --
13 MR. O'CONNOR: -- can't turn around.
14 COMMISSIONER BROGAN: -- recommendation is
15 required?
16 MR. O'CONNOR: So what they -- what they
17 said last year was they were going to have
18 spotter boats at each end and -- to ensure that
19 you couldn't get caught in there.
20 Well, that didn't really happen last year.
21 They've assured us this year that it will
22 happen, and we're going with that, and we're
23 putting our faith and our confidence in show
24 management to set them up --
25 COMMISSIONER BROGAN: So in other words --
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1 MR. O'CONNOR: -- to set that situation up.
2 COMMISSIONER BROGAN: In other words, the
3 amendment to the motion would be contingent upon
4 that specific request --
5 MR. O'CONNOR: And other safety issues.
6 For instance, the move-out date, we've -- we've
7 agreed to close the boat house on move-out date,
8 the Tuesday after the show, so that the majority
9 of the yachts could move out safely.
10 And the move-in is to be conducted in a
11 proper manner where the boats are escorted. But
12 if the boats, which oftentimes happen, come in
13 randomly, that a lot of chaos is created, and
14 there becomes a marine traffic jam, of which
15 there are huge motor yachts, as well as rowing
16 shells in the traffic jam.
17 If all this is monitored by the marine
18 patrols and conducted in a safe manner, there's
19 not going to be a problem. But, again, we have
20 been working on this for a number of years, and
21 it's only this past year that I'm satisfied with
22 what show management is doing to make it a safe
23 rowing environment.
24 And if it doesn't work out again this year,
25 and a five-year lease is granted, we have no
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1 recourse then to put a check and a balance on
2 them.
3 COMMISSIONER BROGAN: Well, as I say, I'm
4 comfortable with the amendment as long as I am
5 comfortable that you and the applicant
6 understand what the terms and conditions of the
7 amendment are. And I -- all that milling around
8 back there leads me to believe that a
9 representative from the applicant is here.
10 Am I correct?
11 Governor, maybe we could just sort of get
12 that acknowledgment before -- before we take a
13 vote?
14 ATTORNEY GENERAL BUTTERWORTH: Yeah.
15 Governor, my notes were incorrect. It's not the
16 City of Miami, City of Miami Beach.
17 MR. O'CONNOR: Correct.
18 ATTORNEY GENERAL BUTTERWORTH: So that'll
19 give you some comfort.
20 GOVERNOR CHILES: I don't have oversight
21 over the City of Miami Beach.
22 COMMISSIONER BROGAN: Is the applicant
23 reasonably secure with the discussion?
24 MR. GRACIANO: Yes. My name is
25 Dane Graciano, Vice-President of Yachting
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1 Promotions.
2 To clarify it, the Corps of Engineers, and
3 the Department of Environmental Resource
4 Management, which is Dade County, are going to
5 issue a five-year permit pending your five-year
6 submerged land lease approval.
7 The City of Miami Beach is a yearly review
8 that we do every year with the planning and
9 zoning board. And every year, we have a review
10 after the show, and all of the conditions that
11 Mr. O'Connor said are in that permit, and in
12 those conditions, they're already there with the
13 City of Miami Beach.
14 COMMISSIONER BROGAN: So you're comfortable
15 with it.
16 MR. GRACIANO: Yes, as long as we put in
17 there that I could -- I'll submit to the
18 Department our five-year Corps of Engineers and
19 our five-year Dade County, and I'll also submit
20 our annual approval for the City of Miami Beach,
21 and I'll send them to the Department every year.
22 COMMISSIONER BROGAN: I'll -- that being
23 the case, I'll move the item as amended.
24 GOVERNOR CHILES: It's been moved as
25 amended.
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1 ATTORNEY GENERAL BUTTERWORTH: Second.
2 GOVERNOR CHILES: Second.
3 Without objection, it's approved.
4 MS. WETHERELL: All right. That concludes
5 our agenda, and you have an agenda from
6 St. Johns River Water Management District,
7 Henry Dean.
8 (The Board of Trustees of the Internal
9 Improvement Trust Fund Agenda was concluded.)
10 *
11
12
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15
16
17
18
19
20
21
22
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25
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1 MR. DEAN: Good morning.
2 GOVERNOR CHILES: Good morning.
3 MR. DEAN: It's nice to be back again.
4 This item is a request to the Trustees for
5 approval of a use agreement for a private
6 mitigation bank located on the -- the western
7 shore of the St. Johns River in Seminole County.
8 The request is in three parts, Governor.
9 It's a request to exempt this particular item
10 from the existing moratorium.
11 It's also requesting approval of the north
12 dike.
13 And the -- the third item would be approval
14 of the south dike restoration.
15 I understand there -- there are concerns
16 about moving forward during the continued
17 existence of the moratorium. If I may, I would
18 like to say two things at this point, Governor.
19 And the first is the applicant is here to
20 speak, and wishes to speak today if there is a
21 question about exempting this project from the
22 moratorium.
23 And also from a comprehensive standpoint
24 from the Water Management District's viewpoint,
25 let me say that personally I do not have a
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1 problem deferring this item and continuing the
2 moratorium, or not exempting it in the sense
3 that as long as I had some comfort that the
4 applicant and the Trustees eventually will reach
5 a mutually acceptable agreement.
6 My concern being this is a key restoration
7 project which we have attempted for a number of
8 years to purchase unsuccessfully from the owners
9 of Lee Ranch. And this is a -- to me, as a
10 resource manager, a golden opportunity to
11 restore the floodplain to its historic
12 condition.
13 And I just simply want to point out that as
14 we get through the difficult process of coming
15 to grips with a policy, that this -- this --
16 that the applicants don't become frustrated and
17 walk away, and -- and this project is left --
18 (Secretary Mortham exited the room.)
19 MR. DEAN: -- undone. And I just felt
20 compelled that I should make that point.
21 I'll be happy to answer questions or call
22 on the applicant to speak, Governor.
23 ATTORNEY GENERAL BUTTERWORTH: Governor,
24 have we accepted the minutes yet, has that been
25 done?
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1 GOVERNOR CHILES: Have we --
2 ATTORNEY GENERAL BUTTERWORTH: Have we
3 accepted the minutes, Item number 1?
4 COMMISSIONER BROGAN: I'll move approval of
5 the minutes.
6 ATTORNEY GENERAL BUTTERWORTH: Second.
7 GOVERNOR CHILES: It's been moved and
8 seconded.
9 Without objection, the minutes are
10 approved.
11 GOVERNOR CHILES: Now, are there questions
12 that --
13 ATTORNEY GENERAL BUTTERWORTH: Governor, I
14 personally would like to see this Item number 2
15 wait till after we receive our report in
16 February. I think it's only two months away, or
17 less than two months away. I think it's the
18 only common sense thing to do.
19 I move deferral till after February.
20 COMPTROLLER MILLIGAN: I'll second
21 deferral.
22 GOVERNOR CHILES: Moved and seconded on
23 deferral till after February.
24 Is there objection?
25 Without objection.
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1 MR. DEAN: May I ask, Governor, if it's
2 appropriate for the applicant to speak? I mean,
3 they asked to speak. I mean, it's up to them
4 and your discretion.
5 GOVERNOR CHILES: We -- if he's come over
6 here, we'd be happy to hear him speak.
7 MR. FICKETT: Good morning, Governor --
8 GOVERNOR CHILES: Good morning.
9 MR. FICKETT: -- members of the Board.
10 First of all, Happy Holidays.
11 My name is Alan Fickett. I'm a principal
12 with Ecobank, which is a private mitigation
13 banking company in Winter Park.
14 We currently have over 1,000 acre bank
15 located in the central Florida area in
16 Lake County; and our second large bank is the
17 East Central Florida Regional Mitigation Bank,
18 which is a portion of which you are under
19 consideration today.
20 That total bank, by the way, will be over
21 10,000 acres, located immediately adjacent to
22 other publicly owned lands, Orlando Wilderness
23 Park, the Seminole Ranch. Commissioner Nelson's
24 very familiar with that area.
25 These are properties that were acquired
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1 earlier in the P-2000 process. And these two
2 other portions, the nine -- the roughly
3 10,000 acres, which is immediately contiguous to
4 that, represents lands that, as Henry has said,
5 the State has been trying to acquire for well
6 over ten years.
7 And we have been encouraged by the policy
8 of this State --
9 (Secretary Mortham entered the room.)
10 MR. FICKETT: -- that private mitigation
11 banks can be a worthwhile adjunct to the
12 resource, and to restore lands --
13 (Commissioner Crawford exited the room.)
14 MR. FICKETT: -- that could not otherwise
15 be restored through public funding. And this is
16 is a perfect example of that.
17 Now, we've been involved in this process
18 with this particular piece of land for over
19 two years. We have dealt with the landowners,
20 and no one had any clue about this issue
21 regarding sovereign submerged lands when we
22 initiated this process.
23 In fact, the landowner has in his
24 possession deeds from the federal government, as
25 well as from the Board of Trustees of the
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1 Internal Improvement Trust Fund, and private
2 railroad land owners that got this land back in
3 the late 1900-- late 1800s, 1890 or so.
4 It has been in private ownership for well
5 over 60 years. And as far as the landowner is
6 concerned, they say this is not an issue.
7 However, you say it is an issue, we do own those
8 lands.
9 So now we come to you and say, okay, I tell
10 you what, let's don't fight about it. We have
11 an agreement on the table right now whereby the
12 landowner is going to deed the disputed lands to
13 you at no cost to the taxpayers, at no cost for
14 any legal disputes, at no --
15 (Commissioner Crawford entered the room.)
16 MR. FICKETT: -- cost for any determination
17 of sovereign lands or the ordinary high water
18 mark.
19 In addition, the landowner is going to
20 place a conservation easement on those portions
21 of the bank -- the bank is about 800 acres, by
22 the way -- that is west of the safe upland line
23 over which you have no claim whatsoever.
24 Now, what does that mean?
25 That means that forever, those lands that
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1 are in the mitigation bank are going to be
2 restored, they're going to be preserved and
3 conserved, at our cost, because we have to put
4 up financial assurances to make sure that it
5 happens.
6 And a viable vital resource is added to the
7 public lands that are already under conservation
8 in that area.
9 In addition, you have in your use agreement
10 a provision that says you will participate in
11 the sale of the credits from that, even though
12 there's a dispute as to whether or not you own
13 the land. Not only is the landowner willing to
14 give you the land, but we are willing to enter
15 into an agreement that is as good, or maybe even
16 better than you have with Little Pine Island,
17 whereby you participate in the gross sales of
18 these mitigation credits.
19 Now, I've been dealing with government in a
20 number of capacities. I used to work for the
21 University of Central Florida as their lobbyist
22 for some 18 years, and I understand how the
23 governmental process works.
24 And I have to tell you, Governor, this is
25 the gall darnedest, most frustrating process I
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1 have ever been through.
2 Even when I was working with the
3 Legislature as a lobbyist for the University
4 system, here we have, as Henry Dean has just
5 said, a golden opportunity, and we have expended
6 our private funds to establish our bank, to
7 enter into an agreement with the land owners, to
8 go through the permitting process, and we're --
9 we're more than two years into this process.
10 I also understand, General Butterworth,
11 about how government works. Yes, you may get a
12 report in February. But no one knows what that
13 report is going to say, number one.
14 And, number two, no one knows how long it's
15 going to take from the time that you get that
16 report in February until some actual action is
17 taken.
18 I tell you, folks, we're tired. We've got
19 other things to do. We're trying to help you.
20 What we need is your help.
21 And my daddy used to say, son, you've got a
22 program like this, it doesn't take anybody with
23 an IQ much above room temperature to understand
24 how good it is.
25 Basically I would ask you not to defer this
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1 item, that you accept the exemption from the
2 moratorium, and let us move on to be your
3 private partner to do something that you haven't
4 been able to do for at least ten years on a very
5 viable and vital piece of land in east central
6 Florida.
7 Thank you.
8 GOVERNOR CHILES: Thank you, sir.
9 TREASURER NELSON: Governor --
10 GOVERNOR CHILES: Yes, sir.
11 TREASURER NELSON: -- I just learned a new
12 fact here, Mr. Fickett, that I think is quite
13 relevant in what you said.
14 You said that there is every indicia of
15 title for the landowner.
16 MR. FICKETT: Yes, sir.
17 TREASURER NELSON: You said with deeds from
18 the Trustees of the Internal Improvement Trust
19 Fund.
20 MR. FICKETT: Yes, sir. He claims he owns
21 the land, you claim you don't.
22 TREASURER NELSON: I think you ought to
23 distribute copies of those documents to us,
24 because that would have a great deal of bearing
25 in my judgment for the landowner to have been
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1 relying on those representations.
2 MR. FICKETT: Commissioner Nelson, the --
3 all of this backup information was prepared and
4 presented in the -- in the packages that we --
5 this is about the fifth time that we've gone
6 through this -- fifth Cabinet meeting.
7 But -- let me just ask. Bill, let's make
8 sure that this is the correct one.
9 MR. HOEBEKE: Yeah.
10 MR. FICKETT: Is that from the Trustees?
11 MR. HOEBEKE: Right.
12 MR. FICKETT: Yes.
13 We have copies here. Here's a deed,
14 number 14,222; it's dated July 3rd, 1890; it was
15 filed July 11th, 1890, from the Trustees of the
16 Internal Improvement Fund to the State of
17 Florida; to the Jacksonville, Tampa, and
18 Key West Railway Company.
19 Subsequent to that deed transfer, the
20 Jacksonville, Tampa, and Key West Railway
21 Company did transfer the property under -- via
22 sale to the Lee family.
23 So the information is available. We'll be
24 more than happy to -- we can get some copies
25 made or whatever.
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1 MR. HOEBEKE: If I may, my name is
2 Bill Hoebeke. I'm also one of the principals at
3 Ecobank.
4 And I think something that would be helpful
5 in the logic here is that I don't believe that
6 this particular piece of property directly meets
7 the conditions of the moratorium, because this
8 is not State lands in a -- in a way.
9 State lands are lands that everybody knows
10 belong to the State, and that people can walk
11 on, because they're citizens of the State of
12 Florida.
13 If you could give me permission to restore
14 this land, and to create the habitat and the
15 wetlands back there today, this would be much
16 less complicated. But the truth of the matter
17 is that if you give me a piece of paper that
18 says I can go and restore it, the landowner
19 that's out there will be standing there with a
20 shotgun and an injunction that says get off of
21 here, Bill, you can't do that, because you've
22 got to pay me for it.
23 Now, there have been people here, DeAnna
24 and some of the other people, who have been very
25 helpful in working out the details of the
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1 wording in this so that other considerations as
2 to who owns the land and what the precedents
3 being set are, and the compensation for the
4 land -- Kirby Green has helped us repeatedly to
5 rewrite this so that we now have the support of
6 the staff, which is the Water Management
7 District on this; we have the support of
8 Kirby Green's staff and his office through the
9 Water Management District; we have the support
10 of the environmental committee -- community that
11 spoke to the Aides.
12 And we think that the good thing and the
13 right thing to do is take advantage of this
14 opportunity to put this land in trust, and save
15 it and preserve it for the people and the
16 environment of the state of Florida. And I
17 don't understand why that's a difficult concept
18 when we've crossed all these hurdles.
19 And I would respectfully request that you
20 reconsider, and see if you can't let us go
21 forward on this project.
22 MR. GREEN: Kirby Green with the
23 Department.
24 I need to correct one statement that was
25 made.
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1 As -- as part of the history of the State
2 of Florida, deeds have gone out both as patents
3 from the federal government; and from State
4 government, the Board of Trustees, the Internal
5 Improvement Trust Fund, as far back as the early
6 1850s.
7 It conveyed by a quarter section, by
8 section, by fractional section, lands within the
9 State of Florida. It has -- it has been the
10 position of the State long-term, it's been
11 confirmed by courts, that unless those deeds
12 specifically convey sovereign submerged lands as
13 a portion of the deed, that if there are
14 sovereign submerged lands that fall within those
15 deeds, those lands are not conveyed.
16 This was a deed by aliquot parts of
17 section: Quarter sections, half sections, full
18 sections of land. It did not mention the
19 conveyance of sovereign submerged lands as part
20 of those deeds.
21 Therefore, it would be our position and our
22 advice to you that those deeds did not contain
23 sovereign submerged lands. And if those lands
24 are in question, those lands are in question.
25 But the deeds on their face did not convey those
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1 lands.
2 MR. DEAN: Well, I concur with Mr. Green's
3 comments, and that's the whole purpose of the
4 settlement, is to clear up this cloud on the
5 title, because there are arguments on both
6 sides. Until a Circuit Court judge rules, we
7 wouldn't know for sure.
8 And that's the whole purpose of clearing up
9 the cloud on the title.
10 TREASURER NELSON: Let me ask Mr. Dean.
11 Some of the public policy that we're trying
12 to -- to -- at the end of the day achieve --
13 MR. DEAN: Yes, sir.
14 TREASURER NELSON: -- you want east --
15 eastward of the safe -- of the upland line, you
16 want those lands conveyed to the St. Johns
17 Water Management District; is that correct?
18 MR. DEAN: Well, they would actually be
19 conveyed to the State, to the Trustees, into
20 public ownership.
21 TREASURER NELSON: Into public ownership.
22 Now, in return for the conveyance, the
23 giving up of any private landowner rights in
24 that land, the exchange is that we, the State,
25 are going to allow a mitigation bank to be
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1 created, from which certain economic value
2 derives to the -- the private landowner.
3 MR. DEAN: Yes, sir.
4 TREASURER NELSON: All right. Now, it's
5 your opinion that that exchange, given the fact
6 that otherwise the State is looking at a long
7 court fight, that exchange is in the public
8 interest.
9 Is that your conclusion?
10 MR. DEAN: Yes. In addition to two other
11 factors. It's not just that exchange,
12 Commissioner Nelson. It is also -- there are
13 three things happening:
14 The applicant agrees to deed with a general
15 warranty deed those lands waterward of the safe
16 upland line. They agree to place a conservation
17 easement over those lands landward of the safe
18 upland line, and they agree to pay up to
19 10 percent of the gross revenues in the
20 project.
21 When you -- when you look at that in
22 totality, it's my recommendation to you that
23 that's clearly in the public interest to have
24 this restored floodplain done as a private
25 mitigation bank, which led to our recommendation
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1 of approval. My Board has also acted on this,
2 too, sir.
3 TREASURER NELSON: Was it a unanimous vote
4 on your Board?
5 MR. DEAN: No, sir. It was -- I believe we
6 had one absentee Board member. I think it was 6
7 to 2, or 7 to 1.
8 TREASURER NELSON: And how many acres are
9 covered by the conservation easement -- the
10 proposed conservation.
11 MR. DEAN: Approximately 400, I believe.
12 MR. FICKETT: It's about 400, yeah.
13 TREASURER NELSON: And, therefore, the
14 amount of land that is going to be utilized for
15 the purpose of the mitigation bank, is it
16 contiguous to that same amount of 400 acres --
17 MR. FICKETT: Yes.
18 TREASURER NELSON: -- covered by the
19 conservation easement?
20 MR. DEAN: Yes, sir. It's all one
21 contiguous parcel, roughly 780 acres, more or
22 less. And the 400 acres and the 370 or 80 acres
23 all add together to constitute the project.
24 Some of it's landward of the safe upland line,
25 some of it's waterward of the safe upland line.
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1 TREASURER NELSON: Thank you.
2 COMPTROLLER MILLIGAN: Governor, let me
3 just understand here. We have a moratorium in
4 place. We have a number of projects -- and this
5 is obviously a very good project -- we have a
6 number of projects that have been held in
7 abeyance as a result of the moratorium, and are
8 probably as good, maybe even better, in terms of
9 the contribution to the State than this
10 particular project.
11 And I think it really becomes a little bit
12 of a question of the utility of the moratorium
13 if we are going to make -- begin to make
14 exceptions.
15 We put the moratorium in place so that we
16 could, in fact, come down with a definitive
17 policy, among other things, on compensation.
18 And it is my opinion that we should not make an
19 exception in this case, despite the value of
20 this particular effort, in that there are others
21 out there that we are not willing to make an
22 exception on, and we have a moratorium, and
23 we've got to uphold that moratorium, until we
24 get the policy.
25 GOVERNOR CHILES: Well, I think your
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1 observation is correct that we all know that
2 environmental banking issue just started
3 exploding on us. And we all -- along with the
4 Department, I think -- began to feel
5 uncomfortable that we really had a handle on
6 this, that we know how to handle it.
7 I think it was based on that that we
8 approved the moratorium. In fact, I think, we
9 all talked about it, that we needed to do that.
10 You are correct in that I know I've heard
11 from a number of people that say -- or --
12 entities that say this should not apply to us.
13 I think there was one entity, as I remember,
14 that had come to us, and we had given express
15 permission to try to work something out. And
16 that was some melaleuca situation. And we said,
17 well, we think we considered that very
18 separately before the moratorium, and we felt
19 bound.
20 As I understand, that never materialized,
21 something changed that, so it didn't happen that
22 way.
23 But, you know, I think the question is: If
24 we had a long wait, I think that would be one
25 thing.
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1 Henry, I think, you know --
2 MR. DEAN: Yes, sir.
3 GOVERNOR CHILES: -- we're talking about
4 February. And I believe if it looks like it's
5 going to drag on a long time after that, you
6 could come back to us and talk to us about this
7 particular project.
8 But I would hope that by then, we would
9 feel more comfortable. And I would just say to
10 the applicants, you're right maybe on your
11 argument of the temperature of the brain
12 capacity of most of them -- most of us up here.
13 It's a pretty cold today, and I'm a little
14 frozen up myself.
15 But in spite of that, we're trying to look
16 at an overall picture, and trying to make sure
17 that we have some safeguards in place. Your
18 project may meet every one of them, but we've
19 stopped a lot of -- we've stopped a lot of
20 people -- we've got a lot of things out there
21 working, as you know. You're busy trying to do
22 these, and a lot of other people, are, too. And
23 I think that's the reason that we're talking
24 about delaying this.
25 MR. DEAN: Governor --
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1 GOVERNOR CHILES: Yes, sir.
2 MR. DEAN: -- excuse me. Kirby advised me
3 to recommend that you need to move to defer this
4 until a time certain, or -- March, we suggest,
5 otherwise it'll be back in two weeks. And I
6 don't think any of us want to --
7 GOVERNOR CHILES: I think that would be
8 proper. Is a there a motion to defer to March?
9 ATTORNEY GENERAL BUTTERWORTH: Motion to
10 defer to March.
11 GOVERNOR CHILES: It's been moved and --
12 TREASURER NELSON: Second.
13 COMMISSIONER BROGAN: -- seconded.
14 GOVERNOR CHILES: Without objection, that's
15 what we're going to do.
16 MR. DEAN: Thank you.
17 GOVERNOR CHILES: Thank you, sir.
18 MR. FICKETT: I still hope you have a
19 happy holiday, folks.
20 GOVERNOR CHILES: We'll see you in March.
21 (The St. Johns River Water Management
22 District Agenda was concluded.)
23 *
24 (The Cabinet meeting was concluded at
25 11:03 a.m.)
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1 CERTIFICATE OF REPORTER
2
3
4 STATE OF FLORIDA:
5 COUNTY OF LEON:
6 I, LAURIE L. GILBERT, do hereby certify that
7 the foregoing proceedings were taken before me at the
8 time and place therein designated; that my shorthand
9 notes were thereafter translated; and the foregoing
10 pages numbered 1 through 71 are a true and correct
11 record of the aforesaid proceedings.
12 I FURTHER CERTIFY that I am not a relative,
13 employee, attorney or counsel of any of the parties,
14 nor relative or employee of such attorney or counsel,
15 or financially interested in the foregoing action.
16 DATED THIS 29TH day of DECEMBER, 1997.
17
18
19 LAURIE L. GILBERT, RPR, CCR, CRR
100 Salem Court
20 Tallahassee, Florida 32301
850/878-2221
21
22
23
24
25
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