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3 T H E C A B I N E T
4 S T A T E O F F L O R I D A
5 Representing: 6 STATE BOARD OF ADMINISTRATION 7 DIVISION OF BOND FINANCE ADMINISTRATION COMMISSION 8 FLORIDA LAND AND WATER ADJUDICATORY COMMISSION DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES 9 DEPARTMENT OF REVENUE STATE BOARD OF EDUCATION 10 BOARD OF TRUSTEES, INTERNAL IMPROVEMENT TRUST FUND DEPARTMENT OF ENVIRONMENTAL PROTECTION SITING BOARD 11
12 The above agencies came to be heard before THE FLORIDA CABINET, Honorable Governor Chiles 13 presiding, in the Cabinet Meeting Room, LL-03, The Capitol, Tallahassee, Florida, on Tuesday, 14 April 28, 1998, commencing at approximately 9:44 a.m.
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17 Reported by:
18 LAURIE L. GILBERT Registered Professional Reporter 19 Certified Court Reporter Certified Realtime Reporter 20 Notary Public in and for the State of Florida at Large 21
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24 ACCURATE STENOTYPE REPORTERS, INC. 100 SALEM COURT 25 TALLAHASSEE, FLORIDA 32301 850/878-2221
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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
12 FRANK T. BROGAN Commissioner of Education 13 * 14
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ACCURATE STENOTYPE REPORTERS, INC.
April 28, 1998 3
1 I N D E X
2 ITEM ACTION PAGE
3 STATE BOARD OF ADMINISTRATION: (Presented by Tom Herndon, 4 Executive Director)
5 1 Approved 6 2 Approved 7 6 3 Approved 7 4 Approved 7 7 5 Approved 8
8 DIVISION OF BOND FINANCE: (Presented by J. Ben Watkins, III, 9 Director)
10 1 Approved 11 2 Approved 13 11 3 Approved 14
12 ADMINISTRATION COMMISSION: (Presented by Gale Sittig, 13 Deputy Secretary)
14 1 Approved 21 2 Approved 21 15 3 Approved 21 4 Approved 22 16 5 Approved 22 6 Deferred 22 17 FLORIDA LAND AND WATER 18 ADJUDICATORY COMMISSION: (Presented by Gale Sittig, 19 Deputy Secretary)
20 1 Approved 23 2 Approved 23 21 3 Approved 23
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ACCURATE STENOTYPE REPORTERS, INC.
April 28, 1998 4
1 I N D E X (Continued) 2 ITEM ACTION PAGE 3 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES: 4 (Presented by Fred O. Dickinson, III, Executive Director) 5 1 Approved 25 6 2 Approved 25 3 Approved 26 7 4 Approved 26
8 DEPARTMENT OF REVENUE: (Presented by James A. Zingale, Ph.D., 9 Assistant Executive Director)
10 1 Approved 28 2 Approved 28 11 3 Approved 29 4 Approved 30 12 STATE BOARD OF EDUCATION: 13 (Presented by Robert L. Bedford, Ph.D., Deputy Commissioner) 14 1 Approved 38 15 2 Approved 39 3 Approved 39 16
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ACCURATE STENOTYPE REPORTERS, INC.
April 28, 1998 5
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) 6 1 Approved 40 7 2 Approved 40 3 Approved 40 8 4 Approved 41 Substitute 5 Deferred 41 9 6 Approved 41 7 Approved 42 10 8 Approved 42 9 Approved 42 11 10 Approved 44 Substitute 11 Deferred 44 12 12 Approved 80
13 DEPARTMENT OF ENVIRONMENTAL PROTECTION SITING BOARD: 14 (Presented by Virginia B. Wetherell, Secretary) 15 1 Approved 82 16 Substitute 2 Approved 106
17 CERTIFICATE OF REPORTER 107
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ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION April 28, 1998 6
1 P R O C E E D I N G S
2 (The agenda items commenced at 10:14 a.m.)
3 GOVERNOR CHILES: State Board of
4 Administration.
5 MR. HERNDON: Item number 1 is the approval
6 of the minutes of the meeting held on
7 April 14th, 1998.
8 TREASURER NELSON: I move the minutes.
9 COMPTROLLER MILLIGAN: And second.
10 MR. HERNDON: Item number 2 --
11 GOVERNOR CHILES: Moved and seconded.
12 Without objection, minutes are adopted as
13 read.
14 MR. HERNDON: Item number 2 is a two-part
15 item regarding approving the -- the first item
16 is approving the fiscal sufficiency of a
17 220 million dollar Department of Transportation
18 Turnpike Revenue Bond.
19 And the second component of that is to
20 rescind the ninety-six million three hundred and
21 eighty-five thousand dollar fiscal sufficiency
22 approval remaining from the prior resolution
23 adopted in November of last year.
24 TREASURER NELSON: I move Item 2.
25 COMPTROLLER MILLIGAN: Second.
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION April 28, 1998 7
1 GOVERNOR CHILES: Moved and seconded.
2 Without objection, Item 2 is adopted.
3 MR. HERNDON: Item number 3 is approving
4 the fiscal sufficiency of 125 million dollar
5 State of Florida Department of Education Lottery
6 Revenue Bond.
7 COMPTROLLER MILLIGAN: Move it.
8 TREASURER NELSON: Second.
9 GOVERNOR CHILES: Moved and seconded.
10 Without objection, it's approved.
11 MR. HERNDON: Item number 4 is two parts.
12 Part (A) is recommending the approval of the
13 filing of the following rules for adoption for
14 the 1998-1999 contract year to adopt a new
15 reimbursement contract, and new definitions for
16 the 1998-99 year, as well as the new premium
17 formula for 1998.
18 Item (B) of that same item is to repeal
19 Rule 19-8.008 as unnecessary, which is
20 duplicative of the statutes.
21 COMPTROLLER MILLIGAN: And I move it.
22 TREASURER NELSON: And I second.
23 GOVERNOR CHILES: Moved and seconded.
24 Without objection, that's approved.
25 MR. HERNDON: Item number 5 is to submit
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION April 28, 1998 8
1 for your information and review, the Investment
2 Performance Report and Fund Balance Analysis for
3 the month of March 1998.
4 TREASURER NELSON: Move it.
5 COMPTROLLER MILLIGAN: Second.
6 GOVERNOR CHILES: Moved and seconded.
7 Without objection, that's approved.
8 MR. HERNDON: That completes the agenda,
9 Governor. Thank you.
10 GOVERNOR CHILES: All right. Some time
11 ago, the Governor and the Cabinet, upon their
12 move, asked the Board to divest the tobacco --
13 MR. HERNDON: Yes, sir.
14 GOVERNOR CHILES: -- stock.
15 MR. HERNDON: Yes, sir.
16 GOVERNOR CHILES: Can you give us a
17 little -- a report of what has happened to
18 divest -- tobacco stocks since we divested.
19 MR. HERNDON: I don't have the specific
20 details in front of me. But we were completely
21 divested of all tobacco stocks approximately the
22 end of last year, of 1997, and we had divested
23 of about 85 percent of our holdings within about
24 two weeks.
25 And it took us several months to finally
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION April 28, 1998 9
1 work out the arrangements with some of our large
2 index fund holders to set up separate accounts
3 and so forth. We had to create new benchmarks
4 and what have you.
5 But we were completely divested of all
6 those funds by the end of last year.
7 As a general comment, tobacco stocks are
8 probably trading down from the date of your
9 divestiture order in the range of 15 to
10 20 percent. So you sold essentially at the high
11 for 1997.
12 And as you'll recall, we had a fairly
13 substantial position in tobacco stocks, and the
14 net income to the Board was quite handsome. As
15 I recall, the figures we earned in excess of
16 800 million dollars over our original cost
17 basis. So it was a well-timed decision.
18 GOVERNOR CHILES: I -- that's what I -- my
19 understanding was, that we had about a
20 20 percent drop in the tobacco stocks since that
21 time.
22 Roughly what would -- that would amount to
23 a hundred and twenty-five, a hundred and thirty
24 million dollars --
25 MR. HERNDON: In that -- in that
ACCURATE STENOTYPE REPORTERS, INC.
STATE BOARD OF ADMINISTRATION April 28, 1998 10
1 neighborhood, yes. And I can give you the
2 specific statistics from the date of your order
3 to the date we sold them and the -- what the --
4 GOVERNOR CHILES: I think it'd be
5 interesting for us to see. But I think it's
6 worth noting that from the time we divested --
7 or turned out to be a timely move --
8 MR. HERNDON: That's right.
9 GOVERNOR CHILES: -- and that we would be
10 about a hundred and twenty-five, hundred and
11 twenty-six, somewhere -- a hundred and twenty
12 million dollars --
13 MR. HERNDON: It was an extremely
14 well-timed --
15 GOVERNOR CHILES: -- less --
16 MR. HERNDON: -- decision.
17 GOVERNOR CHILES: -- than we have now.
18 MR. HERNDON: Yes, it was.
19 GOVERNOR CHILES: Thank you, sir.
20 MR. HERNDON: Certainly.
21 (The State Board of Administration Agenda
22 was concluded.)
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ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE April 28, 1998 11
1 GOVERNOR CHILES: Division of
2 Bond Finance.
3 MR. WATKINS: Item number 1 is approval of
4 the minutes of the April 14th meeting.
5 COMMISSIONER BROGAN: So move.
6 ATTORNEY GENERAL BUTTERWORTH: Second.
7 GOVERNOR CHILES: Moved and seconded.
8 Without objection, it's approved as read.
9 MR. WATKINS: Item number 2 is adoption of
10 resolutions doing two things. One is technical
11 amendments to the original authorizing
12 resolution for the Lottery Revenue Bond Programs 13 for education.
14 And more importantly, the second item
15 authorizes a competitive sale of the first
16 installment of Lottery Revenue Bonds of up to a
17 hundred and twenty-five million dollars.
18 COMMISSIONER BROGAN: Governor, I move
19 approval of Item 2, parts (1) and (2), with a
20 comment, if you will indulge me.
21 Just to let you know that this -- I believe
22 Ben'll bear me out -- keeps us on -- on track as
23 far as what we need to do at the State level to
24 see the dollars that were appropriated by the
25 Legislature through this process ultimately
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE April 28, 1998 12
1 begin to pass through to the school districts
2 this summer.
3 So if we stay on -- on track with the
4 process -- and Ben and his folks have done a
5 great job with that -- then hopefully school
6 districts, whether they are accepting the cash,
7 as they have the ability to do, or whether they
8 accept the bonded revenue that will come as a
9 result of our activities this morning, will have
10 the chance to begin to see those dollars flow
11 this summer, that amount to, I guess, Ben,
12 somewhere in the neighborhood total of about
13 two-and-a-half billion dollars if you take
14 the -- the Lottery money, aside from the general
15 revenue that was also put into it. But
16 that's --
17 MR. WATKINS: That --
18 COMMISSIONER BROGAN: -- two-and-a-half
19 billion in lottery potential.
20 MR. WATKINS: That's correct. It's
21 expected that the whole program, once fully
22 implemented, will raise approximately
23 two-and-a-half billion dollars. And that --
24 that money would be borrowed over the next
25 four years, and distributed to the school
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE April 28, 1998 13
1 districts on an as-needed basis to fund
2 construction expenditures.
3 So we'll be coming back on approximately a
4 quarterly basis with authorization to sell
5 additional installments of the bonds related to
6 the two-and-a-half billion dollar program.
7 We've made the rating agency and bond
8 insurance presentation, and have received
9 favorable indications of bond ratings for the
10 program.
11 So we're in -- we expect to sell bonds for
12 the first time probably the end of May, and have
13 monies available in June.
14 COMMISSIONER BROGAN: And I do move the
15 item, Governor.
16 SECRETARY MORTHAM: Second.
17 GOVERNOR CHILES: Moved and seconded.
18 Without objection, it's approved.
19 MR. WATKINS: Item number 3 is adoption of
20 a resolution authorizing the competitive sale of
21 up to 220 million dollars of Turnpike Revenue
22 Bonds for construc-- financing a portion of the
23 cost of Suncoast Parkway, which runs from
24 Veterans Expressway in north
25 Hillsborough County, through Pasco County, and
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE April 28, 1998 14
1 terminates at Highway 98 in Hernando County.
2 ATTORNEY GENERAL BUTTERWORTH: Motion.
3 COMMISSIONER BROGAN: Second.
4 GOVERNOR CHILES: Moved and seconded.
5 Without objection, it's approved.
6 MR. WATKINS: One other item that I would
7 like to bring to your attention is, I sent a
8 letter to you on Friday regarding the
9 Orange-Orlando County Expressway Authority and
10 some developments there with respect to the
11 resignation of their Financial Advisor, and
12 subsequently going to work for an underwriting
13 firm that had been selected as the number one
14 ranked firm in connection with that financing.
15 We are receiving written representations
16 from the Authority that that -- that that
17 development didn't in any way influence the
18 selection of the senior managing underwriter in
19 connection with that selection process that we
20 set up. And I will forward that written
21 representation to you as soon as I receive it.
22 GOVERNOR CHILES: Yes, sir.
23 ATTORNEY GENERAL BUTTERWORTH: Ben,
24 thank you very much for bringing this to our
25 attention, and staying on this.
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE April 28, 1998 15
1 So you say in your letter, you're very
2 concerned about the appearance of impropriety of
3 this development. And there's no -- so are we.
4 What status are the bonds now? How much
5 time do we have to actually determine when this
6 financial advisor was first approached by
7 Paine Webber, when the person did accept the
8 job, and whether or not all that is documented
9 or not.
10 But how much time do you have in order to
11 be assured, and have a comfort level -- you can
12 give us the comfort level that we should go
13 forward with these bonds?
14 MR. WATKINS: They're in the process of
15 actually pricing the bonds probably today or
16 tomorrow. So this is a -- it's of critical
17 importance that we address the issue on a timely
18 basis.
19 I've gotten the representation from them
20 with respect to the selection of the
21 underwriter. I am completely comfortable that
22 there was no influence exerted by Public
23 Financial Management in connection with the
24 selection process utilized to select the
25 underwriting firm.
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE April 28, 1998 16
1 And the representation that they have --
2 they had considered all of the decisions that
3 they've made in light of this development, the
4 resignation of the financial advisor, and are
5 comfortable that those were the appropriate
6 decisions.
7 So I am in the process of getting that
8 written representation from the Authority.
9 ATTORNEY GENERAL BUTTERWORTH: Who -- who
10 contacted you, Ben, referencing Mr. Brown
11 leaving as the financial advisor of the
12 Authority?
13 MR. WATKINS: It came up in the course of
14 our conversations with the Authority, and with
15 Public Financial Management, regarding bringing
16 these bonds to market.
17 ATTORNEY GENERAL BUTTERWORTH: And when was
18 that?
19 MR. WATKINS: Last week. Last Thursday.
20 ATTORNEY GENERAL BUTTERWORTH: When did he
21 leave?
22 MR. WATKINS: He -- he notified the
23 Authority on April 21st, which I guess was last
24 Tuesday, that he was, in fact, leaving PFM and
25 going to work with Paine Webber.
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE April 28, 1998 17
1 And at that point in time, the Authority
2 disengaged him from performing any additional
3 services in connection with this financing.
4 ATTORNEY GENERAL BUTTERWORTH: Isn't that 5 flat out stupid for a financial advisor for the
6 Authority to literally leave and go with the
7 senior managing underwriter literally hours
8 before this actually goes out?
9 MR. WATKINS: I'm glad we knew about it
10 before the transaction was priced rather than
11 after the transaction is priced. I believe that
12 we can adequately deal with the situation in
13 connection with pricing the bonds now that we
14 know about this development ahead of time.
15 ATTORNEY GENERAL BUTTERWORTH: But do we
16 know when he was actually approached by
17 Paine Webber, or when he approached Paine Webber
18 in order to either obtain a job with them, or
19 was recruited. And obviously he was not
20 recruited on the 21st, and took the job on the
21 21st.
22 MR. WATKINS: Right.
23 No, sir, but I'll get the answer --
24 ATTORNEY GENERAL BUTTERWORTH: Okay.
25 MR. WATKINS: -- to those questions for
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE April 28, 1998 18
1 you. And I will not sign a bond purchase
2 agreement, which is a legal obligation -- our
3 legal obligation to sell the bonds, and their
4 legal obligation to purchase them, until all
5 questions have been adequately addressed and
6 answered.
7 ATTORNEY GENERAL BUTTERWORTH: Okay. You
8 may wish letters not only from the Authority,
9 you may also wish letters from Paine Webber, as
10 well as Phil Brown, and the Public Financial
11 Management.
12 MR. WATKINS: Yes, sir.
13 ATTORNEY GENERAL BUTTERWORTH: So you'll
14 have everything -- so you'll have the comfort
15 level. And if you could adv--
16 Governor, if Ben can advise us maybe later
17 this afternoon, because I think the worst thing
18 we want is to -- is to find out on Friday that
19 there was a problem.
20 GOVERNOR CHILES: I think that's correct.
21 It just seems to me that there'd be one way that
22 we'd really be sure of this: Public competitive
23 sale.
24 It kind of -- we just approved a
25 Turnpike Authority for competitive sale. And
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE April 28, 1998 19
1 finally, I believe, the Expressway Authority has
2 had some public sales; have they not?
3 MR. WATKINS: No, sir, not this
4 Expressway Authority. Tampa-Hillsborough
5 Expressway Authority was sold on a competitive
6 basis --
7 GOVERNOR CHILES: All right.
8 MR. WATKINS: -- but not this
9 Expressway Authority.
10 GOVERNOR CHILES: Well, you know --
11 MR. WATKINS: But your point is well
12 taken. You avoid this whole situation --
13 GOVERNOR CHILES: You don't have --
14 MR. WATKINS: -- of competitive sale.
15 GOVERNOR CHILES: -- any problem, and
16 Mr. Brown wouldn't have this problem, and
17 nobody'd have this problem if you had a public
18 sale.
19 And I can't understand why the
20 Florida Turnpike Authority, Hillsborough
21 Turnpike Authority, the State of Florida, even
22 the Housing Authority now has competitive public
23 sales. And we don't have a public sale there.
24 MR. WATKINS: I understand.
25 In connection with this transaction, there
ACCURATE STENOTYPE REPORTERS, INC.
DIVISION OF BOND FINANCE April 28, 1998 20
1 were legitimate reasons for the Orange-Orlando
2 County Expressway Authority to engage an
3 underwriter on a negotiated basis.
4 But that aside, your point is well taken,
5 which is, competitive sale precludes all --
6 these types of issues from arising in connection
7 with the financing.
8 GOVERNOR CHILES: Well, I accept your --
9 your admonition that this one had reasons for a
10 competitive -- for not having a public sale. I
11 can't believe that every sale that they have has
12 those kind of reasons.
13 MR. WATKINS: Yes, sir.
14 GOVERNOR CHILES: Yes, sir.
15 Thank you.
16 (The Division of Bond Finance Agenda was
17 concluded.)
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ACCURATE STENOTYPE REPORTERS, INC.
ADMINISTRATION COMMISSION April 28, 1998 21
1 GOVERNOR CHILES:
2 Administration Commission.
3 MS. SITTIG: Item 1, recommend approval of
4 the minutes for the meeting held April 14th,
5 19--
6 COMMISSIONER BROGAN: Move the minutes.
7 MS. SITTIG: --98.
8 SECRETARY MORTHAM: Second.
9 GOVERNOR CHILES: Moved and seconded.
10 Without objection, minutes are approved.
11 MS. SITTIG: Item 2, recommend approval of
12 the transfer of general revenue appropriations
13 for the Department of Agriculture and Consumer
14 Services.
15 COMMISSIONER BROGAN: Move approval.
16 SECRETARY MORTHAM: Second.
17 GOVERNOR CHILES: Moved and seconded.
18 Without objection, it's approved.
19 MS. SITTIG: Item 3, recommend approval of
20 the transfer of general revenue appropriations
21 for Department of Children and Families.
22 SECRETARY MORTHAM: Move approval.
23 COMMISSIONER CRAWFORD: Second.
24 GOVERNOR CHILES: Moved and seconded.
25 Without objection, it's approved.
ACCURATE STENOTYPE REPORTERS, INC.
ADMINISTRATION COMMISSION April 28, 1998 22
1 MS. SITTIG: Item 4, recommend approval of
2 the transfer of general revenue appropriations
3 for the Department of Corrections.
4 SECRETARY MORTHAM: Move approval.
5 COMMISSIONER CRAWFORD: Second.
6 GOVERNOR CHILES: Moved and seconded.
7 Without objection, that's approved.
8 MS. SITTIG: Item 5, request authorization
9 to publish notices of rule repeal and rule
10 amendment in the Florida Administrative Weekly.
11 SECRETARY MORTHAM: Move approval.
12 COMMISSIONER CRAWFORD: Second.
13 GOVERNOR CHILES: Moved and seconded.
14 Without objection, that's approved.
15 MS. SITTIG: And Item 6, request deferral
16 of this item to the May 12th, 1998, meeting.
17 COMMISSIONER BROGAN: Move deferral.
18 SECRETARY MORTHAM: Second.
19 GOVERNOR CHILES: Moved and --
20 SECRETARY MORTHAM: Second.
21 GOVERNOR CHILES: -- seconded.
22 Without objection, it's deferred.
23 (The Administration Commission Agenda was
24 concluded.)
25 *
ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA LAND AND WATER ADJUDICATORY COMMISSION April 28, 1998 23
1 MS. SITTIG: Okay. FLAWAC.
2 Item 1, request approval of the minutes of
3 March 24th, 1998, Commission meeting.
4 COMMISSIONER BROGAN: Move the minutes.
5 GOVERNOR CHILES: Moved and seconded.
6 Without objection, minutes are approved.
7 (Commissioner Crawford exited the room.)
8 MS. SITTIG: Item 2, request authorization
9 to publish the notice of rule repeal and rule
10 amendment in the Florida Administrative Weekly.
11 COMMISSIONER BROGAN: Move the item.
12 SECRETARY MORTHAM: Move approval.
13 GOVERNOR CHILES: Moved and seconded.
14 Without objection, it's approved.
15 MS. SITTIG: And lastly, Item 3, request
16 approval of the proposed final rule amending the
17 boundaries of the Indigo Community Development
18 District.
19 SECRETARY MORTHAM: Move approval.
20 COMMISSIONER BROGAN: Second.
21 GOVERNOR CHILES: Moved and seconded.
22 Without objection, that's approved.
23 MS. SITTIG: Thank you.
24 GOVERNOR CHILES: Thank you.
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ACCURATE STENOTYPE REPORTERS, INC.
FLORIDA LAND AND WATER ADJUDICATORY COMMISSION April 28, 1998 24
1 (The Florida Land and Water Adjudicatory
2 Commission Agenda was concluded.)
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ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES April 28, 1998 25
1 GOVERNOR CHILES: Highway Safety.
2 MR. DICKINSON: First item is approval of
3 the minutes from the February 24th and
4 March 10th Cabinet meetings.
5 COMMISSIONER BROGAN: Move the minutes.
6 ATTORNEY GENERAL BUTTERWORTH: Second.
7 GOVERNOR CHILES: Moved and seconded.
8 Without objection, they're approved.
9 MR. DICKINSON: The second item is
10 recommend approval of the purchase of software
11 to enhance our customer service in our driver 12 license offices.
13 COMMISSIONER BROGAN: Move approval.
14 ATTORNEY GENERAL BUTTERWORTH: Second.
15 GOVERNOR CHILES: Moved and second--
16 Moved and --
17 ATTORNEY GENERAL BUTTERWORTH: Second.
18 GOVERNOR CHILES: -- seconded.
19 Without objection, it's approved.
20 MR. DICKINSON: Item 3 is request authority
21 to contract with Hayes Computer Systems for a
22 senior database programmer for our Oracle
23 database conversion.
24 COMPTROLLER MILLIGAN: I move approval.
25 ATTORNEY GENERAL BUTTERWORTH: Second.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES April 28, 1998 26
1 GOVERNOR CHILES: Moved and seconded.
2 Without objection, it's approved.
3 MR. DICKINSON: Item 4 is a -- request
4 approval to spend a --
5 (Commissioner Crawford entered the room.)
6 MR. DICKINSON: -- $140,000 grant from
7 General Motors to promote safety belt use here
8 in Florida.
9 COMMISSIONER BROGAN: Move approval.
10 ATTORNEY GENERAL BUTTERWORTH: Second.
11 GOVERNOR CHILES: Moved and seconded.
12 Without objection, that's approved.
13 MR. DICKINSON: Governor, if I may, on a
14 personal note, I'd like to thank you and the
15 Cabinet for participating in the celebration of
16 my father's life a couple weeks back. A
17 heartfelt thanks from the family.
18 It's a tough time, but with y'all's
19 support, we made it through it. And thanks so
20 much.
21 He was a real believer of the Florida
22 Cabinet system, and --
23 GOVERNOR CHILES: A good member of the
24 Cabinet. Thank you.
25 MR. DICKINSON: He loved it.
ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF HIGHWAY SAFETY/MOTOR VEHICLES April 28, 1998 27
1 Thank you so much.
2 GOVERNOR CHILES: Yes, sir.
3 (The Department of Highway Safety and Motor
4 Vehicles Agenda was concluded.)
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ACCURATE STENOTYPE REPORTERS, INC.
DEPARTMENT OF REVENUE April 28, 1998 28
1 GOVERNOR CHILES: Department of Revenue.
2 DR. ZINGALE: Our first item, request
3 approval of the minutes of February 24th, 1998.
4 COMMISSIONER BROGAN: So move.
5 ATTORNEY GENERAL BUTTERWORTH: Second.
6 GOVERNOR CHILES: Moved and seconded.
7 Without objection, minutes are approved.
8 DR. ZINGALE: Item 2, request approval of
9 the authority to file with the Secretary of
10 State under Chapter 120, Florida Statutes,
11 proposed amendment to Rule Chapter 12A-1.0092,
12 Florida Administrative Code.
13 COMMISSIONER BROGAN: Move approval.
14 ATTORNEY GENERAL BUTTERWORTH: Second.
15 GOVERNOR CHILES: Moved and seconded.
16 Without objection, it's approved.
17 DR. ZINGALE: Item 3, request approval of
18 the authority to file with the Secretary of
19 State under Chapter 120, Florida Statutes,
20 proposed amendment to Rule Chapter 12C-2.006,
21 and the creation of Rules 12C-2.0061, --62, and
22 --63, Florida Administrative Code.
23 COMMISSIONER BROGAN: Governor, I'll move
24 approval with a question.
25 Just the -- the issue on intangible. My
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DEPARTMENT OF REVENUE April 28, 1998 29
1 understanding is that there were several bills
2 filed that had to do with intangible tax this
3 session. Most of them were withdrawn. But I
4 further understand that they've been more or
5 less consolidated into one piece of
6 legislation.
7 Does this particular action today in any
8 way -- is it any way impacted by whatever that
9 pending legislation is?
10 DR. ZINGALE: It's my understanding, having
11 been briefed from staff just prior to the
12 meeting, that there's no actions the Legislature
13 is contemplating that will conflict with this
14 rule.
15 COMMISSIONER BROGAN: Thank you, Governor.
16 GOVERNOR CHILES: Is there a second?
17 ATTORNEY GENERAL BUTTERWORTH: Second.
18 SECRETARY MORTHAM: Second.
19 GOVERNOR CHILES: Second.
20 Without objection, it's approved.
21 DR. ZINGALE: Item 4, request approval of,
22 and authority, to file with the Secretary of
23 State under Chapter 120, Florida Statute,
24 proposed amendment to Rule Chapter 12B-8.001,
25 Florida Administrative Code.
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1 COMMISSIONER BROGAN: Move approval.
2 ATTORNEY GENERAL BUTTERWORTH: Second.
3 GOVERNOR CHILES: Moved and seconded.
4 Without objection, that's approved.
5 DR. ZINGALE: Thank you.
6 (The Department of Revenue Agenda was
7 concluded.)
8 *
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STATE BOARD OF EDUCATION April 28, 1998 31
1 GOVERNOR CHILES: State Board of
2 Education.
3 DR. BEDFORD: Governor Chiles,
4 Commissioner Brogan, members of the State Board
5 of Education, good morning.
6 Item 1, critical teacher shortage areas.
7 The critical teacher shortage fields identified
8 are the same that have been identified for the
9 last four years, with one addition of
10 technology education, which was added in 1996.
11 TREASURER NELSON: I have a question,
12 Governor.
13 May I?
14 GOVERNOR CHILES: Yes, sir.
15 TREASURER NELSON: The report indicated
16 that Florida is going to experience an
17 unprecedented number of teachers that are going
18 to be retiring starting about 2006.
19 DR. BEDFORD: Yes, sir.
20 TREASURER NELSON: Walk us through what is
21 being done to address that in anticipated severe
22 teacher shortage at the time.
23 DR. BEDFORD: There are -- there are
24 several things going on. There are recruitment
25 programs going on even as early as the
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STATE BOARD OF EDUCATION April 28, 1998 32
1 high school years, where students are being
2 encouraged to join the Future Teachers of
3 America, to become involved in education.
4 We are working with the deans of the
5 Colleges of Education of all of the institutions
6 that prepare teachers in the state of Florida.
7 We're sharing with them the --
8 (Secretary Mortham exited the room.)
9 DR. BEDFORD: -- statistics, and will be
10 working toward encouraging students to choose
11 education as a field.
12 I know as -- personally as I go around the
13 state and address both college and high school
14 students, I have been telling them about the
15 benefits of becoming involved in the profession
16 of education.
17 TREASURER NELSON: Well, as I look over
18 this list of these categories of anticipated
19 shortages, all the way from gifted to technology
20 education to varying exceptionalities, which,
21 I think, is the hearing impaired, SLD is the
22 highest percent where you're going to have a
23 vacancy.
24 No, that's actually where you have the
25 highest percent of graduates to the vacancies.
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STATE BOARD OF EDUCATION April 28, 1998 33
1 DR. BEDFORD: Yes.
2 TREASURER NELSON: But what -- you know,
3 with this kind of -- one-third of all Florida
4 teachers will be retiring beginning in 2006.
5 We're sitting here as a policy board, the
6 State Board of Education. What about some of
7 the things that are being debated in this
8 legislative session, such as merit pay and --
9 those kind of bonuses?
10 That's being talked about with regard to
11 national certification.
12 DR. BEDFORD: Yes.
13 TREASURER NELSON: What about as a matter
14 of policy, merit pay directed toward some of
15 these critical shortage areas that are going to
16 start appearing in 2006?
17 COMMISSIONER BROGAN: Governor, if I can,
18 I -- I agree. I've made this speech before.
19 And believe me, it doesn't exactly get rave
20 reviews out there from some of my colleagues.
21 But I'm a believer in supply and demand.
22 And I happen to believe if you have a supply
23 that doesn't meet the demand, there are a couple
24 of ways to deal with that.
25 One is to step up your recruitment efforts
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STATE BOARD OF EDUCATION April 28, 1998 34
1 and simply ask more people to get involved in
2 that area. One is to provide some sort of an
3 incentive -- and we do that through our
4 statewide critical teaching shortage area
5 incentives of --
6 (Secretary Mortham entered the room.)
7 COMMISSIONER BROGAN: -- of rebate of
8 tuition, et cetera.
9 But I also believe that there is no better
10 draw to help the problem of supply and demand
11 than just plain paying people more to do jobs
12 that you can't get people to do.
13 Last year we passed a piece of legislation
14 that requires each of the 67 school districts to
15 design programs that will now award teachers for
16 more than just experience and advanced degree,
17 but also performance.
18 You're right, Commissioner, now we've got
19 a piece of legislation that if passed, would see
20 the State recognize teachers around the state
21 with a statewide incentive.
22 But I -- I still believe that in those
23 districts where there are these shortages, that
24 right now, those districts have the ability to
25 set-aside and identify those critical teaching
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1 shortage areas in their districts if they do
2 arise and occur, for some sort of a bonus
3 incentive to make it more attractive for people
4 who want to come there and teach in those
5 particular areas.
6 As you've cited, and you're right, most of
7 the areas are in the areas of special
8 education. That's not just a problem in
9 Florida, it's a problem nationwide.
10 We also have ESOL and technology.
11 And I just simply believe that we can
12 provide these kinds of preemptive incentives,
13 which are good, and I think helping to at least
14 stem the increase of -- of critical teaching
15 shortage areas. But I believe we need to get
16 serious about just recognizing we'll never fix
17 this problem until we make it so attractive to
18 people that they want to go there.
19 We also passed a piece of legislation last
20 session on alternative certification that allows
21 people to move from the private sector to become
22 teachers relative to the point on retirement,
23 because that is a big issue.
24 Those teachers are eligible for
25 retirement. We don't believe they'll all retire
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STATE BOARD OF EDUCATION April 28, 1998 36
1 at the same time. But we do believe we've got
2 to become more creative and more innovative in
3 how we draw new teachers into the business.
4 Everything from talking to middle and
5 high school teachers about the profession, all
6 the way up to and including identifying where
7 our toughest spots are to fill, and simply
8 paying more people to serve in those particular
9 areas.
10 So you can't do enough.
11 I have one other good piece of
12 information. Every year we talk about, and we
13 should, the number of minority youngsters who
14 are going into education. And I've got three
15 good pieces of information there.
16 One, both the number and percentage of
17 minority teacher education graduates are up.
18 Florida had more African American and Hispanic
19 students graduating from teacher education
20 programs in 95-96 than in any prior year.
21 And for African-Americans, this is a larger
22 percentage since the early '80s. And for
23 Hispanics, it's the largest percentage ever.
24 Two, both the number and percentage of
25 minority admissions to State University teacher
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1 education programs are the highest ever.
2 And, three, the number and percentage of
3 minority teachers in Florida public schools are
4 also up.
5 So we're very proud of that fact. And as
6 we keep -- keep working on all these issues of
7 minority recruitment, teacher recruitment,
8 critical teaching shortage recruitment, we need
9 to bring you the tough ones, but we need to
10 bring you the success stories, too.
11 And I know that this -- from the member --
12 every member of the State Board of Education,
13 has been a priority for you since I've been
14 here, is trying to get all of our numbers up,
15 but also those numbers in minority recruitment.
16 So we wanted you to be aware of that one this
17 morning as well.
18 TREASURER NELSON: Well, would you
19 recommend to us as the State Board of Education
20 that -- recognizing what you just said about the
21 critical shortages that are to occur after the
22 turn of the century, that we ought to make some
23 recommendation to the Legislature as the
24 State Board of Administration that -- I mean,
25 what you're saying is it'd be nice if all the
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STATE BOARD OF EDUCATION April 28, 1998 38
1 67 school districts did this, but they may not.
2 So we're sitting here as a policy Board.
3 Should we recommend to the Legislature this
4 ought to be addressed?
5 COMMISSIONER BROGAN: Let us come back to
6 you. That may very well be the case for next
7 session.
8 Let us come back to you and find out what
9 the 67 school districts are already doing in
10 that area, and see if we can come back to you
11 with a recommendation about how to address it.
12 If you'll allow it.
13 Glad to do it.
14 GOVERNOR CHILES: All right.
15 DR. BEDFORD: We do not have a motion or a
16 second. I --
17 COMMISSIONER BROGAN: So move.
18 SECRETARY MORTHAM: Second.
19 GOVERNOR CHILES: Moved and seconded.
20 Without objection, that's approved.
21 DR. BEDFORD: Item 2, remediation of
22 computer systems for year 2000 compliance. This
23 is an item for the DOE, the internal department.
24 COMMISSIONER BROGAN: So moved.
25 SECRETARY MORTHAM: Second.
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STATE BOARD OF EDUCATION April 28, 1998 39
1 GOVERNOR CHILES: Moved and seconded.
2 Without objection, it's approved.
3 DR. BEDFORD: Item 3, repeal of rules in
4 accordance with Chapter 120. We're asking
5 permission to repeal 6A-7.095, 6A-10.001,
6 6A-10.002, 6A-10.003, 6A-10.010, 6A-10.017, and
7 6A-16.017.
8 COMMISSIONER BROGAN: So move.
9 SECRETARY MORTHAM: Second.
10 GOVERNOR CHILES: Moved and seconded.
11 Without objection, they're approved.
12 DR. BEDFORD: Thank you.
13 GOVERNOR CHILES: Thank you.
14 (The State Board of Education Agenda was
15 concluded.)
16 *
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BOARD OF TRUSTEES/INTERNAL IMPROVEMENT TRUST FUND April 28, 1998 40
1 GOVERNOR CHILES: We will take up now the
2 Board of Trustees first. Then we'll go to the
3 Siting Board.
4 MS. WETHERELL: Item 1 are minutes.
5 SECRETARY MORTHAM: Move approval.
6 ATTORNEY GENERAL BUTTERWORTH: Second.
7 GOVERNOR CHILES: Moved and seconded.
8 Without objection, it's approved.
9 MS. WETHERELL: Item 2 are two option
10 agreements for Lake Wales Ridge CARL project.
11 SECRETARY MORTHAM: Move approval.
12 COMMISSIONER CRAWFORD: Second.
13 GOVERNOR CHILES: Moved and seconded.
14 Without objection, it's approved.
15 MS. WETHERELL: Item 3 is an option
16 agreement for Belle Meade CARL project.
17 SECRETARY MORTHAM: Move approval.
18 COMMISSIONER CRAWFORD: Second.
19 GOVERNOR CHILES: Moved and seconded.
20 Without objection, that's approved.
21 MS. WETHERELL: Item 4 are five purchase
22 agreements for Coupon Bight/Key Deer CARL
23 project.
24 SECRETARY MORTHAM: Move approval.
25 COMMISSIONER BROGAN: Second.
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1 GOVERNOR CHILES: Moved and seconded.
2 Without objection, that's approved.
3 MS. WETHERELL: Substitute Item 5 is an
4 acquisition of Hutchinson Island/Blind Creek
5 CARL project, designation of the County as the
6 managing agency, and confirmation of the
7 management policy statement.
8 SECRETARY MORTHAM: Move deferral.
9 COMMISSIONER BROGAN: Is that -- that one's
10 going to be deferred? Is that what you said?
11 SECRETARY MORTHAM: Yes.
12 COMMISSIONER BROGAN: I'll second that.
13 GOVERNOR CHILES: Moved and seconded on
14 motion to defer.
15 Without objection, it's approved.
16 MS. WETHERELL: Item 6 is an option
17 agreement for Rainbow Springs State Park
18 Addition, and a request for a waiver of survey.
19 SECRETARY MORTHAM: Move approval.
20 COMMISSIONER BROGAN: Second.
21 GOVERNOR CHILES: Moved and seconded.
22 Without objection, it's approved.
23 MS. WETHERELL: Item 7 is an option
24 agreement for Waccasassa State Preserve
25 Addition.
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1 SECRETARY MORTHAM: Move approval.
2 COMMISSIONER BROGAN: Second.
3 GOVERNOR CHILES: Moved and seconded.
4 Without objection, it's approved.
5 MS. WETHERELL: Item 8 is an option
6 agreement for West Orange Greenway.
7 SECRETARY MORTHAM: Move approval.
8 ATTORNEY GENERAL BUTTERWORTH: Second.
9 GOVERNOR CHILES: Moved and seconded.
10 Without objection, it's approved.
11 MS. WETHERELL: Item 9 is an option
12 agreement for Silver Springs Connector, and a
13 waiver of survey.
14 SECRETARY MORTHAM: Move approval.
15 ATTORNEY GENERAL BUTTERWORTH: Second.
16 GOVERNOR CHILES: Moved and seconded.
17 Without objection, it's approved.
18 MS. WETHERELL: Item 10 is a
19 modification --
20 GOVERNOR CHILES: On the Item 9, that's the
21 Silver Run Properties?
22 MS. WETHERELL: Yes, sir.
23 GOVERNOR CHILES: Well, my understanding
24 that the owners have --
25 (Treasurer Nelson exited the room.)
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1 GOVERNOR CHILES: -- agreed to build a
2 facility, which they would turn over to the
3 State.
4 Could you tell us a little something about
5 that? It sounds --
6 MS. WETHERELL: Yes, sir. The owners --
7 the sellers have -- are setting aside an amount
8 of the acquisitional price -- acquisition price
9 to build a facility that will be a combination
10 visitor's center, educational facility for the
11 site. So we're real excited about it. It's a
12 great facility to have there.
13 So they're using part of their acquisition
14 dollars to do this.
15 GOVERNOR CHILES: Well, my understanding,
16 they've done this. And I think they certainly
17 should be thanked for this. And Tom Cavanaugh
18 and Tom Campbell have -- have generously
19 agreed to do this out of part of the purchase
20 price --
21 MS. WETHERELL: Yes, sir. It's a first --
22 GOVERNOR CHILES: -- for this facility.
23 MS. WETHERELL: Yes.
24 GOVERNOR CHILES: So we want to thank them
25 very much --
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1 MS. WETHERELL: Thank you. We certainly
2 do.
3 GOVERNOR CHILES: -- for that.
4 MS. WETHERELL: Item 10 is modification of
5 an existing submerged land lease.
6 ATTORNEY GENERAL BUTTERWORTH: Motion.
7 SECRETARY MORTHAM: Second.
8 GOVERNOR CHILES: Moved and seconded.
9 Without objection, Item 10 is approved.
10 MS. WETHERELL: Substitute Item 11, we're
11 recommending deferral on this disclaimer,
12 quitclaim issue because of a legal problem that
13 we think we can resolve.
14 COMMISSIONER BROGAN: Move deferral.
15 ATTORNEY GENERAL BUTTERWORTH: Second.
16 GOVERNOR CHILES: Moved and seconded.
17 Without objection, motion to defer is
18 approved.
19 MS. WETHERELL: Item 12 is the
20 City of Punta Gorda conveyance.
21 Trustees, you have heard a lot of testimony
22 at the last meeting. And again today we have a
23 lot of people who have come up from the area,
24 over 100 people have come up today.
25 We have talked to both the opponents and
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1 proponents, and asked them to prioritize their
2 speakers, 15 minutes per side.
3 So what we will do, with your concurrence
4 today, is to call on them in the order in which
5 they submitted their names, and when we run out
6 of 15 minutes per side, we'll move to the other
7 side.
8 GOVERNOR CHILES: All right. Well, we're
9 very happy to have all of the people that are
10 interested in this come to Tallahassee today.
11 This is the third time this issue has been
12 before the Governor and the Cabinet. We're
13 fairly familiar with it.
14 I think with 15 minutes to the side,
15 proponents and opponents should be able to
16 summarize their case.
17 MS. WETHERELL: Uh-hum.
18 GOVERNOR CHILES: And then the Governor and
19 the Cabinet can take action on this. So --
20 MS. WETHERELL: Yes, sir.
21 All right. I'm going to call first on
22 George Mitchell.
23 GOVERNOR CHILES: Are we hearing now from
24 the --
25 MS. WETHERELL: From the opponents.
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1 GOVERNOR CHILES: Opponents. All right.
2 MR. MITCHELL: Good morning, Governor and
3 Cabinet.
4 (Treasurer Nelson entered the room.)
5 MR. MITCHELL: My name is George Mitchell.
6 I live in Punta Gorda, Florida. And I would
7 like to ask the people who came to try to save
8 Laishley Park to stand up, please.
9 Thank you.
10 You may sit down.
11 And here's another 14 petitions to add to
12 the 4,500 I believe you already received.
13 (Attorney General Butterworth exited the
14 room.)
15 MR. MITCHELL: There are approximately
16 82 people from Punta Gorda and Charlotte County
17 here. These people got up early, changed
18 appointments, and missed work to be here. Many
19 more would like to have come, but had to work or
20 keep an important appointment. This was a last
21 minute decision made late Friday to come here.
22 As you can see, there's no problem in
23 getting people who believe in this cause to come
24 and speak out.
25 I would like to also disclose that I have
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1 donated the funds for the buses to bring these
2 loyal citizens here. I have no personal gain
3 from this issue.
4 I did not org-- I did organize a nonprofit,
5 national antique auto show in Laishley Park
6 several years ago. This was the largest
7 national show ever held in Florida. There was
8 no charge to the public for admission, I have no
9 interest in a future national show. You have to
10 apply five years in advance.
11 We have people here today from many walks
12 of life. Some have been a little more fortunate
13 than others, but all are good, honest, hard
14 working people. Some of their livelihoods and
15 way of life will be affected by condos in the
16 park.
17 And I'd like to have Grant come up here.
18 Grant didn't want to get up and tell you his
19 story. I think he's a little bashful. But he's
20 agreed to come up and answer a few questions.
21 Grant, would you tell us your full name,
22 please?
23 MR. LOWE: William Grant Lowe.
24 MR. MITCHELL: And, Grant, how long have
25 you lived in Punta Gorda?
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1 MR. LOWE: All my life.
2 MR. MITCHELL: Where do you live now,
3 Grant?
4 MR. LOWE: On the boat.
5 MR. MITCHELL: What do you do for a
6 living?
7 MR. LOWE: Shrimp.
8 MR. MITCHELL: Do you receive any
9 food stamps, or any other financial assistance?
10 MR. LOWE: No.
11 MR. MITCHELL: Where will you go when the
12 other 15 or 20 fishermen and shrimpers, when the
13 condo people take over.
14 MR. LOWE: We'll probably go to Fort Myers
15 or Tampa.
16 MR. MITCHELL: Do you have anything you'd
17 like to personally say, Grant?
18 MR. LOWE: No.
19 MR. MITCHELL: Thank you.
20 Wasting time.
21 Okay, Grant. Thanks for taking your
22 valuable time and missing work to come up here.
23 Ladies and gentlemen, you are in charge of
24 the trust as caretakers of the people's land. I
25 request you do what the majority of the people
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1 want, and save this park for the people of now,
2 and for all future generations to enjoy forever.
3 Let's not let greed and profit take this
4 public jewel away. I ask you not to give the
5 City the reverter at this time. Give us
6 six months to a year to follow through with the
7 lawsuits and investigations already in
8 progress.
9 Give us the help of the State's Attorney's
10 Office to prove or disprove these allegations.
11 The plans for the condos are being processed for
12 building permits by the City at this very
13 minute. Within hours after you approve this
14 reverter, it's all over.
15 Please give us time. Thanks for listening.
16 GOVERNOR CHILES: Thank you, sir.
17 MS. D'ANDREA: Thank you.
18 My name is Diane D'Andrea, and I have been
19 a resident of the City of Punta Gorda for
20 19 years.
21 Today our Governor and Cabinet officials
22 are being asked to give or sell a small strip of
23 State-owned land on Charlotte Harbor to the City
24 of Punta Gorda so that they may turn it over to
25 a private developer.
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1 This developer plans to build condominiums
2 on the property, which would reduce the public's
3 access to waterfront. This is the most
4 controversial issue in our City's history.
5 I've heard General Milligan speak about the
6 7-Eleven test at a speech before a professional
7 organization. He tells the story about one of
8 his fellow military officers who took the time
9 to engage patrons of the local 7-Eleven in
10 conversation on a regular basis to determine how
11 ordinary citizens felt about government policies
12 that affected their lives.
13 When asked his opinion on a controversial
14 issue, the General reported that it didn't meet
15 the 7-Eleven test.
16 Secretary of State Mortham sent her
17 Cabinet Aide to Punta Gorda to see firsthand
18 what all this controversy was over such a small
19 piece of land.
20 Besides visiting with local officials, this
21 Aide took the time to stand in front of a local
22 Publix grocery store, which is right across the
23 highway from this proposed development. He
24 engaged perfect strangers in conversation, and
25 asked them their opinion on what has become
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1 known as the Laishley Park issue.
2 He reported that no one was shy about
3 discussing the issue, and that the overwhelming
4 majority did not want to see condominiums
5 developed in our waterfront park.
6 Ladies and gentlemen, I submit to you that
7 giving away our waterfront certainly does not
8 pass the 7-Eleven test, or the public's test, or
9 any other test.
10 Both of our local newspapers have opposed
11 the sale of this public land. Thousands of
12 citizens have written letters or signed
13 petitions asking you to help us preserve our
14 waterfront.
15 Our County Commission has passed a
16 resolution which was sent to you stating their
17 commitment to preserving the public's access to
18 the waterfront area.
19 However, some of our City officials have
20 implored you to give up the State's right to
21 this piece of land so they can proceed with
22 their plans to replace trees and grass with
23 concrete and water.
24 They seem to think that putting
25 condominiums, office buildings, parking lots,
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1 and retail shops on our only remaining
2 waterfront parcel of land is progress.
3 Many of us feel that preserving this land
4 for the use and enjoyment of future generations
5 is truly progressive. Please help us attain
6 that goal by denying the sale of this property
7 to the City of Punta Gorda.
8 Thank you.
9 GOVERNOR CHILES: Thank you.
10 MR. JOHNSON: Good morning. My name is
11 Paul Johnson. I'm a resident of Punta Gorda.
12 I'm here today to urge the Cabinet to focus
13 on protecting the public's right to use and
14 enjoy the valuable waterfront land that belongs
15 to the State. Over the past month, you've heard
16 presentations from lobbyists, City officials,
17 and individuals with a business interest in the
18 success of this development.
19 They urge you to honor a commitment to the
20 Punta Gorda CRA. They insinuate that failure to
21 sell or give the Wood Street Extension to the
22 CRA will result in condos being built on the --
23 on property which is now slated -- which is now
24 designated public park land.
25 That just is not true.
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1 And so are a lot of other things you've
2 been told. I think you may recall that a
3 previous presentation made by the City's
4 Planning Director was far from accurate, and
5 less than candid.
6 He told you a strip of State-owned land
7 being discussed was insignificant. I'm here
8 today to tell you that it's far from
9 insignificant. It's the reason we've appeared
10 here before you on three separate occasions.
11 During that same time period, there has
12 been considerable turmoil at City Hall. For
13 whatever reason, the City Planner has tendered
14 his resignation and taken a position in a
15 neighboring city.
16 Shortly thereafter, the City Attorney
17 unexpectedly announced his plans to enter
18 private practice.
19 I find these occurrences strangely curious,
20 but certainly not coincidental. The question
21 is, why all of a sudden are these
22 pro-development leaders leaving. The reason is
23 obvious. The City of Punta Gorda is giving away
24 public waterfront property. Why?
25 They claim it will increase the tax base.
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1 That is not correct. The property tax collected
2 from condominium owners will not go to the
3 City's general fund as advertised. Instead, the
4 money will, by law, go to the -- will go
5 directly to the CRA.
6 Consequently, the cost of City services
7 will become the financial burden of other city
8 residents like myself.
9 Not only will we lose our beautiful
10 waterfront park, but we must also pick up the
11 financial slack for condo dwellers.
12 Members of the Cabinet, there is something
13 very wrong here. People sense this, the voters
14 sense this, and our County Commission senses
15 this.
16 We hope that you will sense this and help
17 us protect our public's right to use in
18 perpetuity what is rapidly becoming the State's
19 vanishing public waterfront.
20 Thank you very much.
21 GOVERNOR CHILES: Thank you, sir.
22 MS. SMITH: My name is Phyllis Smith, and
23 I'm a resident of Punta Gorda.
24 Since I moved to Punta Gorda about 20 years
25 ago, I've devoted my full time and attention to
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1 the betterment of my adopted community. I have
2 served as an elected official of -- a member of
3 the City Council. I've also served my community
4 for eleven years as the Chairman of the Downtown
5 Revitalization Committee.
6 I was a member of the City Council when the
7 decision was made to clear old travel trailers
8 from our municipal mobile home park and improve
9 the area with a mixed use development.
10 Once the area had been cleared of old
11 mobile homes, the public became accustomed to
12 using the park for large events. In the past
13 several years, we have hosted music festivals,
14 art shows, seafood festivals, boat shows,
15 4th of July picnics, antique automobile shows,
16 and fishing tournaments.
17 In that same period of time, our downtown
18 has become revitalized. We have started a
19 streetscape program, which has beautified our
20 downtown by planting oak trees, and we have big
21 planters filled with flowers. We've installed
22 old-fashioned street lighting. We have a new
23 mural program where professional artists have
24 painted scenes of our City's historic district
25 on the once plain sides of downtown buildings.
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1 All this has been done without the
2 waterfront parcel of land known as Laishley Park
3 being developed into condominium and office
4 buildings.
5 There's been a lot of progress in the City
6 of Punta Gorda in the past ten years. At the
7 same time, the public has become accustomed to
8 the open space on the waterfront.
9 Now you are being asked to give away a key
10 piece of property that is vital to the
11 preservation of the public's access to that
12 waterfront. You're being asked to give the
13 parcel to the City of Punta Gorda so that it can
14 turn it over to a private developer to construct
15 condominiums on the harbor front.
16 The time has come for us to say, just say
17 no to developers who would pave over every green
18 space for their own profit.
19 The State of Florida has made a great deal
20 of progress in recent years in its attempts to
21 purchase land for preservation. This is only
22 one small piece of waterfront land. But the
23 good news is, you don't have to purchase it.
24 You already own it.
25 I'm asking you to keep it in your hands so
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1 our waterfront can be enjoyed by all, not just a
2 few wealthy condominium dwellers.
3 I thank you.
4 GOVERNOR CHILES: Thank you, ma'am.
5 MS. REYNOLDS: Good morning, Governor;
6 good morning, Cabinet. My name is
7 Marge Reynolds. I live at 703 West Olympia
8 Avenue in Punta Gorda, in the City of
9 Punta Gorda, in the CRA. My husband and I own a
10 house.
11 In May of -- May 29th, 1991, by regular
12 mail, we were served with eminent domain
13 papers. I'm here to tell you, and I will gladly
14 put my hand on a Bible, that I will tell you
15 that whatever I'm about to tell you is the whole
16 truth, and I can back it up with every bit of
17 paperwork, even though I have spent the last
18 three years being stonewalled by my government
19 in order to be able to find the information
20 that's needed.
21 We do not have a computer system there, and
22 the -- and all the records are kept in a vault,
23 an old bank vault.
24 First off the bat, I think that we're all
25 in the same boat here, because this is a booklet
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1 that was handed out at a -- at a public meeting
2 in February, I believe it was the 18th, of
3 1998. It's a question and answer book that was
4 put together by our City Attorney.
5 And I'd first like to let you know that I
6 did go through the Court, and I have a copy of
7 all the money that was deposited in this
8 eminent domain, and who got paid. Two people --
9 exactly two checks were written. The people
10 were -- our parks have been confiscated. And
11 the judge made rulings, and the rulings were
12 never taken care of, and nobody knew what was
13 happening.
14 We never got a second notice, we never knew
15 that there was eleven cases running through the
16 Court. And I'm here to ask you -- and I'm also
17 here to tell you that if you consider selling
18 this reverter for $89,000, you've lost money.
19 Because it was appraised at $139,000, and it's
20 right here, by our own government.
21 And as I may read to you, the FDEP also
22 demanded CRA commitment to pay them $138,000 --
23 and I will say, it was appraised -- for the
24 Wood Street Extension area of the site, which
25 FDEP has never maintained or even knew they had
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1 an interest in.
2 It took five years to receive the FDOT
3 approval and to use the U.S. 41 right-of-way.
4 I think what I'm really going to ask you,
5 because I want my fellow citizens to be able to
6 speak. I'm living in a house that is subjected
7 for the next 22 years under slum and blight. We
8 are eminent domained. The -- the parks -- the
9 City -- that Colonel Trabue willed to -- granted
10 to us, they've been confiscated. No
11 remuneration.
12 Part of the old City of Trabue is into the
13 PGI Isles. That land has been -- just ignored.
14 They took it. And didn't put it in the CRA.
15 I have maps, I did everything, but I don't
16 want to take up all the time. The only people
17 that were paid out of this was $84,800 was paid
18 to the Chamber of Commerce for their building.
19 And then there was one family that was a --
20 okay -- there was one family that was a -- heirs
21 to property.
22 What I'd like to ask you is, according to
23 this book also, the CRA is a State agency.
24 Governor, I'm here asking you, if you could
25 assign an investigator to find out what's going
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1 on down there, and take control, Governor, and
2 Cabinet, of your State agency called the CRA in
3 Charlotte -- in Punta Gorda.
4 Thank you.
5 GOVERNOR CHILES: Thank you.
6 MR. LOFTUS: Good morning, Governor Chiles,
7 and members of the Cabinet. For the record,
8 Dick Loftus. I rise in opposition to the sale
9 of Wood Street Extension which would allow 10 development adjacent to the pristine waters of
11 Charlotte Harbor.
12 I chair the county-wide Parks and Recs
13 Advisory Committee, and the Charlotte Harbor
14 CRA, which is just a stone's throw away from the
15 Laishley Park.
16 Both committees recommended to the Board of
17 County Commissioners the acquisition and
18 development of -- and undeveloped property along
19 the waterfront side of Bayshore Road to reduce
20 potential loss of life and structures.
21 The Board has allocated over 2 million
22 dollars of local tax dollars to acquire the
23 property over the next four years, and will
24 provide a lineal park for the general public to
25 use.
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1 The committee also recommended the
2 acquisition of undeveloped, environmentally
3 sensitive land adjacent to the Charlotte Harbor
4 to maintain the present waters and eliminate the
5 potential of development of these lands.
6 The County has spent millions of local tax
7 dollars, and has continued to spend local
8 dollars working in partnership with the State's
9 Preservation 2000, the CARL program, to acquire
10 this type of property.
11 Laishley Park should remain undeveloped and
12 utilized as a park for the general public to
13 use.
14 Thank you.
15 GOVERNOR CHILES: Thank you, sir.
16 MS. WETHERELL: Trustees, that's
17 15 minutes. We've run out of time on that side.
18 I've been requested to ask you though if
19 they can have 5 more minutes on their side.
20 GOVERNOR CHILES: All right. We'll give
21 5 more minutes. What I see is the line just
22 keeps forming.
23 Five minutes.
24 MS. WETHERELL: Yes, sir.
25 MS. RATERMAN: Honorable Governor,
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1 Honorable members of the Cabinet.
2 My name's Louise Raterman. I publish an
3 environmental newsletter in Charlotte County,
4 and have for the past eight years.
5 A number of years ago, I -- I happened upon
6 a wall of trees being bulldozed. These were
7 mangrove trees. It happens that that bulldozing
8 eliminated one out of two known yellow crown
9 night heron rookeries in our region.
10 And I went to do some research on this --
11 (Attorney General Butterworth entered the
12 room.)
13 MS. RATERMAN: -- and what I found was
14 stunning.
15 In October of 1991, the developer, the same
16 developer who is going to be given the land
17 today after the CRA buys it, made a request to
18 this -- to you, sitting as the Trustees -- I
19 know, Governor, you were here and,
20 Mr. Butterworth, you were here. And they --
21 they asked permission to dredge this.
22 Mr. Crist and the City were coapplicants.
23 They said -- he wanted to put condos here and to
24 put boats in here, and he couldn't get in -- you
25 denied him permission to take out this plug of
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1 mangroves.
2 However, they went on to that
3 hearing officer, and he said, okay.
4 That -- the City and the developer gave the
5 same promises to the hearing officer that they
6 gave to you. One of them -- and the conditions
7 under which they were given approval was that
8 this mangrove place would be improved. This
9 mangrove place where the -- where the rookery
10 was would be enhanced, biological diversity
11 would be increased in the entire --
12 (Governor Chiles exited the room.)
13 MS. RATERMAN: -- inlet, allowing the
14 possibility of manatees even. And this park,
15 which had never been opened up to the public,
16 would now be opened up.
17 Permission was given because of those
18 arguments. But none of the conditions were met,
19 and none of the promises were kept.
20 And I ask you today that I -- I just
21 believe it's wrong to then reward a developer
22 who hasn't kept environmental promises, and kept
23 to the conditions of the State. And he would be
24 giving -- given the Wood Street Extension.
25 After you give it to the CRA, it would go to
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1 enhance the condominium developer.
2 And we do have manatees in the
3 Charlotte Harbor, in that region. That again
4 would be filled with boats.
5 And, you know, it's much different looking
6 at the water at the premier viewing point at
7 that park area, and knowing that this is ours,
8 this is our water where the birds are lighting,
9 or whether, you know, it's private, it doesn't
10 belong to us.
11 Thank you very much.
12 MR. WAGNER: Good morning.
13 My name's Wampus Wagner.
14 Ladies and gentlemen, we had our
15 EEL program, we've had our CARL program, we've
16 had Preservation 2000 program, we've spent
17 millions of dollars in this state on these
18 programs, and they've done some good.
19 They've saved the western shore of
20 Charlotte Harbor, they've saved the eastern
21 shore of Charlotte Harbor. Now we're back up in
22 downtown Punta Gorda with a piece of green space
23 there that's known as the Wood Street
24 Extension. And the Wood Street Extension is the
25 key to the preservation of one of the greatest
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1 assets Punta Gorda has.
2 Our green space on the riverfront, unlike
3 Fort Myers, who has 2 acres of green space left
4 on the waterfront for the people to use, we have
5 a lot of green space, and we want to keep it,
6 because that's the uniqueness of Punta Gorda.
7 (Governor Chiles entered the room.)
8 MR. WAGNER: I ask you to please help us
9 preserve this green space for future
10 generations.
11 Thank you.
12 MS. PRENTISS: Good morning.
13 My name is Joanna Prentiss, and I live in
14 Port Charlotte.
15 I simply want to point out something very
16 short and brief: That all the 82 people who got
17 up at 3:00 o'clock in the morning and drove up
18 here on these buses and went through a lot of
19 hardship to do it, none of us have any personal,
20 vested interest in this project. We are not
21 going to make any money, we're not real estate
22 speculators, we're not developers. We're not
23 related to the developers.
24 We are here because we want to have the
25 public waterfront preserved forever for the use
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1 of the public and the future generations of our
2 children.
3 That is the only reason we are here.
4 That was my 5 seconds there.
5 If you want us to beg, I'm sure all 82 of
6 us will get down on our knees. It is that
7 important to us. And this was funny to
8 Bob Johns, but it is not funny to us.
9 I am begging you to keep that strip of
10 waterfront land in the public's hands. If
11 they're going to have the condos, at least let
12 us keep fishing, keep watching the birds, keep
13 watching the manatees and the dolphins, and
14 don't spoil that beautiful piece of nature.
15 Thank you.
16 MS. WETHERELL: Okay. We will move to the
17 list of proponents then with the same
18 20 minutes.
19 Kevin Crowley is first.
20 MR. CROWLEY: Governor, and members of the
21 Cabinet, thank you very much.
22 Kevin Crowley, representing the Community
23 Redevelopment Agency.
24 I wanted to thank you -- each of you for
25 the -- for the time and the resources that --
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1 that you've put into this issue. You really
2 have gone beyond the pale in providing this
3 forum.
4 It is, of course, the culmination of many,
5 many years, hundreds of meetings and hearings.
6 And we would ask now that your job is done,
7 you've provided this forum, now let the job be
8 done of the local elected officials who have had
9 the hearings, who have made the compromises, who
10 have thoroughly gone over all the options.
11 Before I give you to the Mayor, I wanted to
12 point out one sort of technical point, but an
13 important one. And that is that this conveyance
14 comes with a restrictive covenant, which forever 15 keeps the river walk in public access. That's a
16 restrictive covenant that cannot be lifted,
17 except by this Board. The public will always be
18 able to be there, and to enjoy the waterfront.
19 Okay. The -- the restrictive covenant
20 I believe is in your back-up materials.
21 With that, the Governor of Punta Gorda --
22 or the Mayor of Punta Gorda.
23 MR. RICHARDS: I've just been promoted,
24 Governor.
25 Governor Chiles, and members of the
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1 Cabinet, my name is Bill Richards. I'm the
2 Mayor of Punta Gorda.
3 The City of Punta Gorda and the CRA have
4 worked hard over the years in planning and
5 refining the Punta Gorda Harbor mixed use
6 development project.
7 An important feature of planning activities
8 has been the obtaining of State permits, and
9 State authorization to begin the project. This
10 process has taken many years, with many
11 discussions with the State agency.
12 Finally, all permits are in place; all
13 agreements, except this current issue, have been
14 put in force; and the City CRA is ready to
15 execute a legal, binding agreement for the mixed
16 use development.
17 The following is a partial list of State
18 approvals of these permits agreements. First we
19 have an easement from the Florida Department of
20 Transportation for the parking of trailers on
21 the west side of the project so the people can
22 use the boat ramp that was retained in the
23 project.
24 We have a manatee protection plan that was
25 constructed by the Southwest Florida Regional
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1 Planning. For this plan we have established
2 speed zones, public literature, and -- and
3 protection.
4 The Punt-- Punta Gorda marina permit, which
5 is big under the Florida Department of
6 Environmental Protection, and the Trustees of
7 Internal Improvement Fund and submerged land.
8 We have development of regional impact by
9 the -- approved by the Southwest Florida
10 Regional Planning, and the Florida Department of
11 Community Affairs.
12 We have a comprehensive land use plan
13 approved by the Southwest Regional Planning
14 Council, and, again, the Florida Department of
15 Community Affairs. This includes the
16 essentialities and rationale for the Punta Gorda
17 Harbor project.
18 The above recitation clearly -- shows
19 clearly that over the past ten years, plus and
20 over -- with 40 public meetings duly advertised
21 that dealt solely with this issue, we are now
22 ready to proceed. We are complying with all the
23 requirements associated with the very State
24 approvals mentioned above.
25 And we urge you, as Governor and Cabinet,
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1 to release the State's interest in the
2 Wood Street Extension.
3 Thank you.
4 GOVERNOR CHILES: Thank you.
5 MS. BRENNER: Good morning, and thank you
6 for hearing us again. I'm Jane Brenner,
7 City Council member.
8 First, I want to comment on the patience
9 and professionalism of your staff. They have
10 been, without exception, attentive and courteous
11 to all of us, even till 8:30 in the evening.
12 I want to point out to you that this is a
13 local issue. It was a local issue when the
14 contract was originally signed in 1990, and
15 I think it is still a local issue.
16 You have received many petitions and
17 letters in favor of this convert. I want to
18 point out to you also that as public officials,
19 I believe that we are obligated to separate
20 emotions from fact.
21 By doing so, by voting to convey the
22 Wood Street Extension, you will, in fact, be
23 voting to save our hard-won park.
24 Thank you.
25 MR. STRANG: Governor, members of the
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1 Cabinet, good morning.
2 My name is Robert Strang, I am a member of
3 the CRA and a private citizen. I own some --
4 with my wife, we own property within the CRA
5 area, and also have two businesses.
6 The CRA was started in 1990 because there
7 are certain areas of Punta Gorda that needs
8 economic help. The mixed use development is our
9 engine to give that area the economic help that
10 it needs.
11 The different events that these people have
12 spoke of can still be carried on in the 8 acres
13 that will remain a park in this area with
14 openness to the bay. So they will not be denied
15 having the different fairs and activities going
16 on within the City of Punta Gorda, and this is a
17 very important economic item for the taxpayers
18 and for the area that needs the help.
19 Thank you for your consideration.
20 MR. LaCROIX: Good morning, Your Honors.
21 I'm David LaCroix, the CRA attorney.
22 I'd like to correct two things first. One
23 is that the only allegation of any wrongdoing
24 that's pending with the State Attorney in
25 Charlotte County is a spurious complaint of an
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1 alleged Sunshine Law violation regarding one CRA
2 meeting that's been pending for
3 eight-and-a-half months because it is spurious,
4 and the State Attorney cannot prosecute on it.
5 Secondly, the fishing boats and shrimpers
6 that are now renting boat slips from the City
7 will continue to rent boat slips from the City.
8 There's no plan for any change.
9 As a matter of fact, when this development
10 goes forward, there will be 80 boat slips
11 instead of 20, and only 30 of them are committed
12 to condo owners. For a brief period of time
13 they have an option to rent them. Then they
14 will become City property, will be rented out
15 the same as our current boat slips.
16 I'd like to remind you of two things.
17 First is that if you do not follow through with
18 your commitments to give the City -- sell the
19 City the Wood Street Extension, it will not stop
20 the project.
21 The Punta Gorda Harbor Development will
22 still go forward, unless the City and the CRA
23 subject themselves to a multibillion dollar
24 lawsuit for breach of contract, and unless the
25 City and the CRA agree to give up all the
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1 revenues from this project that are going to pay
2 off the existing three-and-a-half million dollar
3 debt of the CRA. We have no other source of
4 revenue to do that.
5 I'd also like to remind you that this
6 redevelopment project is going to provide
7 revenues for many, many projects that are on the
8 books as part of our overall redevelopment plan
9 in the poorer areas of Punta Gorda, and that you
10 got a -- that you received a copy of a letter
11 from Robert Schlichter to Governor Chiles.
12 Mr. Schlichter is the Executive Director of
13 Habitat for Humanity in Punta Gorda. And
14 Mr. Schlichter has reiterated his continued
15 support for this development, and all the good
16 that it will do in those areas of our city that
17 really need some redevelopment.
18 Thank you.
19 MR. HAYMANS: Good morning.
20 Michael Haymans, Farr law firm in
21 Punta Gorda.
22 I represent Waltemath interest, which is
23 the prime developer interest that entered into a
24 contract with Community Redevelopment Agency
25 after being invited down to Punta Gorda because
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1 of the -- the need for a private partner in this
2 redevelopment in the slum and blighted area.
3 I grew up in Punta Gorda, I returned to
4 raise my family there. It's a wonderful place.
5 It will continue to be a wonderful place -- it
6 will be a better place because of the community
7 redevelopment project.
8 I saw the depressed downtown area, I saw --
9 I've been in the municipal trailer park on the
10 water, which was an epicenter of -- one of the
11 epicenters of slum and blight occurring in
12 Punta Gorda.
13 It is -- it was determined, and it still
14 is, the policy of the state of Florida, through
15 the State Comp Plan and the Community
16 Redevelopment Act of 1969, to revitalize
17 downtowns through the creation and support of
18 community redevelopment plans and agencies to
19 implement those plans.
20 We have a duly constituted agency and a
21 properly adopted plan. There's been a contract
22 entered into to further the plan. There's been
23 a lawsuit through condemnation in order to
24 implement the plan.
25 This mixed use has been included since the
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1 very beginning. It's always had a residential
2 component. It's an integral part of the
3 community redevelopment.
4 The plan preserves public ownership and
5 access on the entire waterfront. You've heard
6 the rhetoric of the people who have -- for
7 good -- good -- from good places in their
8 hearts, don't want condominiums, but they're too
9 narrow a perspective.
10 And they use the rhetoric -- and they use
11 the rhetoric of the elimination of the public
12 from the water as the -- the engine to drive
13 their -- the emotions. The public ownership and
14 access on the entire waterfront is preserved in
15 this plan.
16 Your decision will declare the State's
17 commitment to duly constituted government, to
18 orderly administration of government, and to
19 community redevelopment.
20 Thank you very much.
21 MR. FRAZEE: Good morning.
22 My name is Glenn Frazee. I am a citizen
23 and taxpayer of the City of Punta Gorda.
24 I appeared before the Governor and the
25 Cabinet two weeks ago, and made this statement:
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1 This Laishley Park issue and the sale of the
2 Wood Street Extension to the Punta Gorda CRA is
3 the most divisive measure that has hit
4 Punta Gorda in the last 25 years.
5 My message today is very brief and very
6 simple. I ask that you approve the sale of the
7 Wood Street Extension to the Punta Gorda
8 Community Redevelopment Agency. Any delay in
9 approving this sale will only serve to continue
10 this division within our fine city.
11 Governor, Cabinet members, help us to bring
12 peace and harmony to the City of Punta Gorda.
13 Thank you very much.
14 MR. LAZZELL: For the record, my name is
15 Rufus Lazzell, citizen of Punta Gorda. I spent
16 eight years on the City Council, four of which
17 as Mayor.
18 I have one specific point to make, and that
19 is to enumerate for the citizens committees and
20 citizens who have over the past ten-and-a-half
21 years supported the mixed use development, which
22 includes the issue before you today.
23 Early on, our Park Use Study Committee,
24 composed of citizens, supported and recommended
25 that a mixed use development be undertaken by
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1 the City.
2 Our Downtown Revitalization Committee over
3 the years repeatedly approved of and recommended
4 undertaking of the mixed use development. This
5 mixed use development has always included
6 condominiums.
7 The Punta Gorda Planning Commission has
8 repeatedly recommended approval of this project
9 and its changes over the years.
10 In addition to these committees, citizens
11 of Punta Gorda have supported by -- through
12 their home owners associations and civic
13 associations, and as previously told to you,
14 over more than 40 public meetings on this issue.
15 Governor -- Governor and members of the
16 Cabinet, this is a local issue developed and
17 approved by locally elected officials. We have
18 a legally binding contract. With the current
19 exception, all permits and agreements, as stated
20 previously, have been approved by the State.
21 I urge you to release the State's interest
22 in the Wood Street Extension.
23 MR. PEHOUSHEK: Governor Chiles, members of
24 the Cabinet, my name is Joe Pehoushek. I'm a
25 full-time resident, taxpayer, and voter of
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1 Punta Gorda, with no financial interest in this
2 whatsoever, other than that I pay taxes.
3 Should the condo builder be successful in
4 his breach of contract suit, which is now
5 pending against our City, and the redevelopment
6 agency, the roughly 5,000 taxpaying households
7 of Punta Gorda will pay three to
8 five million dollars in damages and attorneys'
9 fees.
10 In addition, the overall project developer,
11 Waltemath, may well pursue a similar suit,
12 potentially for another 5 million dollars.
13 Other losses, if the condos are not built,
14 include six to seven million dollars in jobs and
15 construction material sales, and the loss of
16 60 mid to high income families, whose spending
17 of their money in the heart of our redevelopment
18 area, is critical to this program.
19 Please, grant us the land, and help us both
20 avoid the loss, and get on with a wonderful
21 project.
22 MR. YAWN: Good morning, ladies and
23 gentlemen. My name is Johnny Yawn.
24 And I'm from Punta Gorda and I raise my
25 family in Punta Gorda. And I have the dubious
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1 distinction today of being the closing act, so
2 to speak.
3 So, if you would, let me change the thrust
4 ever so slightly. There's nothing that you
5 haven't heard that I can come up here today and
6 say.
7 So let me go back about three weeks ago.
8 My daughter asked me -- my fifteen year old,
9 tenth grade, Charlotte High School, daughter
10 asked me a very difficult question about
11 Laishley Park. She asked me a dozen very
12 difficult questions about Laishley Park that I
13 could not answer.
14 And, Commissioner Brogan, I want to
15 thank you for that, for putting into our school
16 system the education where these young people
17 can stand up and ask questions that their
18 parents cannot answer.
19 So I said to my daughter, let's do it.
20 Let's go up and watch the Governor and the
21 Cabinet in session, and you make up your own
22 mind.
23 Two weeks ago, we sat right here, and she
24 listened very intently to both sides. When we
25 left, I asked her what her opinion was.
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1 She said that you have a very difficult
2 job, and, Governor Chiles, one of these days,
3 she's going to be sitting where you are.
4 She also said, after all was said and done,
5 she said, I don't understand where we are right
6 now. How can the Governor and the Cabinet
7 renege at this point in -- at this point in
8 time?
9 Question I can't answer.
10 Thank you very much, ladies and gentlemen,
11 for listening and putting up with all of us.
12 MS. WETHERELL: That concludes the
13 presentations.
14 GOVERNOR CHILES: Is there a motion?
15 Yes, sir.
16 COMPTROLLER MILLIGAN: I'll move -- I'll
17 move the land conveyance.
18 COMMISSIONER CRAWFORD: Second.
19 GOVERNOR CHILES: Moved and seconded on the
20 staff recommendation.
21 Many as favor, signify by saying aye.
22 THE CABINET: Aye.
23 GOVERNOR CHILES: Opposed, no.
24 Staff recommendation is approved.
25 MS. WETHERELL: Okay.
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1 GOVERNOR CHILES: It's come to my attention
2 that our former Insurance Commissioner of the
3 State Treasury, Tom O'Malley, passed away on
4 Saturday.
5 His mass is being held this morning.
6 I think it would be very appropriate if we
7 would observe a moment of silence for this
8 former Cabinet member, and Treasurer of the
9 State.
10 Thank you.
11 (The Board of Trustees of the Internal
12 Improvement Trust Fund Agenda was concluded.)
13 *
14
15
16
17
18
19
20
21
22
23
24
25
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1 GOVERNOR CHILES: State Siting Board?
2 MS. WETHERELL: Item 1 are minutes.
3 SECRETARY MORTHAM: Move approval.
4 GOVERNOR CHILES: Moved and seconded.
5 ATTORNEY GENERAL BUTTERWORTH: Second.
6 GOVERNOR CHILES: Without objection, the
7 minutes are approved.
8 MS. WETHERELL: Substitute Item 2, we're
9 recommending approval of the Purdom Unit 8 final
10 order.
11 And, Governor, and members, we have one
12 person who would like to speak against this, and
13 then a couple of people who would like to speak
14 in favor of it.
15 GOVERNOR CHILES: Do we have some time?
16 MS. WETHERELL: Would you like to say
17 10 minutes per side?
18 GOVERNOR CHILES: I would think that would
19 certainly be ample.
20 MS. WETHERELL: Yes, sir.
21 GOVERNOR CHILES: Yes.
22 MS. WETHERELL: All right. I'll call first
23 on Ron Mowrey, representing Wakulla County.
24 MR. MOWREY: Let me initially introduce
25 Dr. Wyatt Pope, the County Commissioner that's
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1 here. We neglected to put him on the -- on the
2 list. He may or may not say a couple of words,
3 Governor.
4 My name is Ron Mowrey. I do represent
5 Wakulla County. We're here today -- we received
6 late notice of this, unfortunately. We received
7 notice last Thursday. Though we had
8 participated in these proceedings extensively at
9 the trial level, at -- both at the land use and
10 the certification hearing, unfortunately we
11 didn't get notice till last Thursday by fax.
12 We've inquired as to why, and it was
13 suggested we didn't make a technical notice -- a
14 technical request for notice under this specific
15 section. But having participated, and having
16 made and filed written notices, and having not
17 received notice, troubles us a little bit. So
18 we scurried around to get someone here.
19 I'm here, Dr. Pope is here, and we're a
20 little bit -- maybe with a little more time,
21 we'd have been a little bit better prepared. So
22 with my comments, I just need to let the Cabinet
23 know about our concern with that.
24 We know this has been through the
25 administrative hearings, we know that. We've
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1 filed proposed orders, we've filed exceptions.
2 There's been an order from Michael Ruff, the
3 Hearing Officer.
4 And notwithstanding that matter, we know
5 that there are some serious concerns that the
6 people in Wakulla County still have. They've
7 appeared at numerous, numerous public hearings
8 addressing those issues, and inquiring of the
9 County Commission, just what are you doing to
10 protect our concerns with the environment, the
11 air, the water, et cetera.
12 And so -- and as late as yesterday
13 afternoon, Dr. Pope received a fax letter from
14 Mayor Maddox, the City of Tallahassee,
15 suggesting to him the door's open, try to sit
16 down and work something out if we can continue
17 to look at your objections and resolve those,
18 both your environmental concerns, and in
19 addition, the financial issues, they'd be happy
20 to do that.
21 Maybe the thing to do is put this off for
22 two weeks, and let's address staff to try to do
23 that. Maybe at this point in time, we all know
24 that -- those of us that try cases, when you get
25 close, people get more serious to try to resolve
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1 things. So maybe that's the thing -- something
2 the Cabinet ought to look at as well.
3 But -- and all along, let me suggest our
4 concerns have been of an environmental nature
5 from the very first correspondence with the City
6 of Tallahassee, as well as the financial
7 problem. And we all know what I'm talking 8 about, and that is that the power plant's in
9 Wakulla County, we can't impose ad valorem tax
10 by constitution. The only way you can change
11 that, according to the Supreme Court, is by
12 general legislation. And we know how popular
13 that is. Been several attempts through the
14 years, never gotten anywhere.
15 But some of the impacts we'd be concerned
16 about would be impacts on fire department, EMS,
17 technical support regarding spills that are
18 going to take place, roads, landfill, run-off
19 programs, hurricane evacuation support, and
20 other matters of that nature.
21 What's also important to note is that
22 although the citizens -- you know, recently I
23 was here arguing on behalf of a bunch of net
24 fishermen trying to salvage a way of life. And
25 we know the citizens voted to restrict some net
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1 fishing due to a fear that those fishermen with
2 those small little 500 square foot nets were
3 going to somehow harm the fisheries, those
4 resources of the state of Florida.
5 Today we're here with State of Florida
6 considering to issue a permit to a power plant,
7 going to generate electricity at that facility
8 on the western shore of the river that creates
9 the western edge of the state of Florida
10 Big Bend Aquatic Sea Grass Preserve.
11 That Preserve is a one of a kind preserve,
12 a natural resource that provides sea grass
13 ecology necessary to the life cycle of both
14 commercial and recreational fishermen in an area
15 from Wakulla County, all the way down through
16 Cedar Island in Taylor County.
17 We're concerned with consistency and what
18 the government's doing to severely enforce or
19 stringently enforce protection of resource
20 matters on the one hand, yet look at this on the
21 other hand.
22 That somewhat concerns us. In addition,
23 we're concerned because the -- the proposed
24 elevation of this project down there on the
25 river in St. Marks is 12 feet above mean
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1 sea level, which corresponds to the 100-year
2 floodplain elevation.
3 The Hurricane Surge Atlas for
4 Apalachicola Bay area indicates that the Purdom
5 site could experience a storm surge of 17.3 feet
6 in a Category 3 hurricane. And we can also --
7 when has there ever been one? It only takes
8 one, like the one in south Florida, and it
9 doesn't matter.
10 And all the programs in Wakulla County
11 since 1981 have been based on the required
12 building heights, required participation, and
13 the Federal flood insurance program as part of
14 FEMA.
15 And we know what'd happen if you grant the
16 variances that don't strictly construe and
17 enforce that law. You get suspended from the
18 program. We did that about ten years ago.
19 As a result, we got notices from the
20 Federal government that they were going to call
21 all the mortgages because the insurance had been
22 canceled. Imagine what that was going to do to
23 the County.
24 The storage tanks on the site again, are
25 only going to be 12.4 feet above mean
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1 sea level. Even in a zone such as an A zone, a
2 flood zone, you have to flood proof. You can't
3 flood proof sufficiently storage tanks and
4 facility like the storage -- the Purdom facility
5 sufficiently to avoid serious problems in
6 event -- in the event of a flood; and the
7 spillage of those contaminants, toxins, and
8 other things.
9 Another important thing is -- is with the
10 fact that we do believe that there's a
11 requirement in the Comprehensive Plan that
12 you're supposed to reduce levels of emissions of
13 nitrogen oxide and sulfur under the
14 State Comprehensive Plan and Growth Act.
15 Two of those -- two of those pollutants,
16 sulfur oxide and nitrogen dioxide, clearly --
17 and the testimony hearings has proved -- are
18 going to form what's called sulfuric acid
19 plumes, acid rain clouds. It's going to rain
20 on -- all of it -- that part of the County.
21 The Federal program created by Congress
22 dealing with the prevention of significant
23 deterioration permitting process established
24 maximum allowable increases in pollutant
25 concentrations whenever you have a major
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1 modification of a facility.
2 And when you have any of those new sources
3 or modifications, you have to apply, you must
4 use the best available control technology.
5 That's all out of the Federal law.
6 The emissions of carbon monoxide and
7 particulate matter, meaning from the stacks when
8 they boil the water, all that invisible dust you
9 can't see, will exceed the significant levels.
10 For example, testimony has shown, the
11 application shows, that the percentage of
12 sulfuric acid mist will increase by
13 288 percent.
14 (Commissioner Crawford exited the room.)
15 MR. MOWREY: There will be a 525 percent
16 increase in the ozone emissions. Particulate
17 matter will increase by 500 percent, carbon
18 monoxide by over 290 percent. Serious concerns
19 to the folks in Wakulla County, as opposed to
20 those in Leon County.
21 We think these clearly show, clearly
22 show -- and we can't ignore these -- significant
23 huge increases in the amount of toxins that are
24 going to be released into the air in
25 Wakulla County.
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1 The plant will produce a significant
2 sulfuric acid mist. And we don't need to talk
3 about what sulfuric acid will do in concentrates
4 on the ground, in the water, down into the
5 estuaries, and down into the grass where all the
6 species propagate.
7 The most stringent technology available
8 that could have been used for carbon dioxide,
9 which was use of an oxidation catalyst, was
10 rejected solely because of -- solely because of
11 cost.
12 That makes us think about the issue of
13 it's -- is it money over people? Maybe it is.
14 Because of the pollutants that are going to
15 be released in -- into the air.
16 And we know that there's a -- this machine
17 they intend to use, this GE contraption, is
18 brand new, been tested in laboratories, never
19 used commercially. And it's going to require
20 the use of both natural gas and -- and some
21 diesel fuel.
22 And the problem with that is if it doesn't
23 lower emissions of oxides and nitrogen --
24 (Commissioner Crawford entered the room.)
25 MR. MOWREY: -- as predicted in the
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1 laboratory experiments, Wakulla County's going
2 to suffer. In effect, Wakulla County's going to
3 be the guinea pig for the commercial testing of
4 this type of combustion system.
5 The transmission lines are in poor
6 disrepair. Testimony is clear, they've got to
7 replace all the lines from St. Marks to
8 Tallahassee.
9 We suggested, fine, bury them. Bury them
10 because when you increase the electrical load
11 that's going to be carried, there's significant
12 problems about the electromagnetic fields and
13 potential health damage, health issues.
14 I suggest there was no testimony of any
15 kind presented by the City of Tallahassee as to
16 the potential medical effects of increasing the
17 size of those power lines. A significant,
18 significant problem.
19 A very important problem also is the
20 intention of, and the law, relative to using
21 State funds to improve this facility in the
22 coastal high hazard zone. Wakulla County's
23 charge, as every other county, under Chapter 163
24 of the Florida statutes, with ascertaining and
25 mapping the coastal high hazard within its
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1 jurisdiction.
2 And all that determination is reviewed by
3 the Department of Community Affairs for
4 compliance with all applicable growth management
5 laws and rules. The County comp plan has found
6 to be in -- has been found in compliance with
7 the DCA and with the Growth Management Act.
8 The location of the proposed site is well
9 within the coastal high hazard zone in the
10 Comprehensive Plan. The problem with that is,
11 is it's inconsistent and it's a violation, we
12 believe, of Chapter 187 to use State funds
13 because it's provided that you should avoid the
14 expenditure of State funds that subsidize
15 development in coastal high hazard areas.
16 That's clearly what's proposed to increase
17 and expand why we at the same time are looking
18 at what we know are serious concerns the State
19 of Florida has with -- down with protecting
20 Wakulla Springs through the curtain matter in
21 the County and that property, and through land
22 use planning, and is a primary consideration
23 down there of all of us.
24 The pollution that will come from -- from
25 this site, meaning the Purdom site, with the
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1 increasing it five times its size, will adjoin
2 with the water from Wakulla Springs and mix out
3 in the Gulf of Mexico.
4 And it's going to mix right there where the
5 Big Bend Aquatic Sea Grass Preserve is the major
6 area of food for the very fish we're trying to
7 protect for today's Floridians and future
8 Floridians.
9 So we'd suggest we have very serious
10 concerns with this. We suggested from day one,
11 the County -- there ought to be a meaningful
12 meeting between the County and the City to
13 suggest what can be done to minimize these
14 environmental concerns with these sulfuric acid
15 rain that we're going to experience, the other
16 issues with the -- this particulate dropping on
17 the ground, it's going to go in the land, on the
18 water, down out into the -- in the river. The
19 very rivers, the very resource we're trying to
20 protect.
21 We'd suggest, we'd ask you to -- very
22 seriously, continue this. We're not opposed to
23 it. We want it done right. We want it done
24 right.
25 We'd like you to put this off for
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1 two weeks, direct that there'll be a meeting
2 between the City and the County, a serious
3 meeting, to resolve our concerns so we can
4 collectively, as neighboring governments, come
5 back before you united to advance this for the
6 citizens of all of Florida, and let's not just
7 have a Goliath run over David one more time.
8 Thank you.
9 Dr. Pope.
10 DR. POPE: Thank you. Appreciate it.
11 MR. MOWREY: Thank you.
12 GOVERNOR CHILES: Thank you.
13 MS. WETHERELL: I'll call on the
14 proponents, Anita Favors, the Tallahassee
15 City Manager.
16 MS. FAVORS: Good morning.
17 Governor Chiles and members of the Cabinet,
18 I'm pleased to be before you today to discuss
19 the City's Purdom Unit 8 project.
20 Mayor Scott Maddox is here with me today,
21 and also Mayor Chuck Shields with the City of
22 St. Marks is with us today.
23 The Siting Board is in a unique position
24 this morning in that you have the capacity to
25 review City's -- the City of Tallahassee's
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1 proposal in your position as the ultimate
2 governmental permitting authority under the
3 Florida Plant Siting Act, and as heads of the
4 State agencies wherein you represent some of our
5 most significant utilities services customers.
6 Also, you all, for the most part, are also
7 residential customers of the City of
8 Tallahassee.
9 We consider this to be a very important
10 project for the City of Tallahassee, and for the
11 persons to whom we wish to continue to provide
12 reliable and efficient service.
13 Demand for electricity has continued to
14 grow over the years, both here and elsewhere in
15 the southeastern United States.
16 In May of 2000, the contract the City of
17 Tallahassee has for its power supply with the
18 Southern Company will expire. And by then, we
19 must have new generating capacity, or purchase
20 electricity from other entities.
21 Recognizing this, and following up with a
22 plan to utilize the competitive process with
23 citizen and customer involvement, the project
24 before you has identified -- has been identified
25 by the City of Tallahassee as being the most
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1 cost effective alternative to meet Tallahassee's
2 future needs.
3 The Public Service Commission confirmed
4 this determination in 1997. The City went a
5 step further and commissioned an independent
6 study that was completed earlier this year, a
7 market study.
8 This study affirmed again that this project
9 is the most cost-effective project for the
10 City's customers.
11 Tallahassee's proposal is a state of the
12 art natural gas plant with low sulphur oil as an
13 alternative fuel, and includes a zero discharge
14 wastewater reuse system that will protect the
15 quality of the environment, including the
16 St. Marks River; and eliminate the need for
17 fresh groundwater that Tallahassee currently
18 utilizes.
19 The new unit is located at the City's
20 Purdom generating station that has existed
21 without significant problems in the City of
22 St. Marks for over 46 years.
23 St. Marks Mayor, Chuck Shields, is here to
24 provide the perspective of that organization,
25 and he will speak to the issue of our
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1 outstanding working relationship.
2 We have a very cooperative and productive
3 relationship with the City of St. Marks, and
4 have worked with them to assure environmental
5 benefits for their city in the area of improved
6 emissions and effluent disposal.
7 As an example, Tallahassee has dedicated
8 approximately 7 million dollars in capital
9 costs, and 1 million dollars in annual operating
10 costs, for environmental betterment that is not
11 required under the applicable rules.
12 Tallahassee has implemented a strong public
13 outreach program in conjunction with the
14 permitting process. In all of the public
15 hearings and meetings, no environmental group,
16 and only two private citizens, have spoken in
17 opposition to this project.
18 All Federal, State, and regional agencies
19 have found our proposal to be acceptable.
20 Again, the City of St. Marks, the local
21 government, with direct regulatory jurisdiction,
22 is strongly supportive.
23 The Wakulla County Commission has voiced
24 opposition, but neither the regulatory agencies
25 nor the Administrative Law Judge have found
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1 legal or factual merit in their objections.
2 Tallahassee is very proud of our proposed
3 project. We have implemented a good neighbor
4 policy, and we view the Purdom 8 project as a
5 critical component of our strategy for electric
6 competition, which we want to result in both
7 competitive electric power rates for our
8 customers, and environmental improvement for the
9 Wakulla County community.
10 We thank you for your attention, and urge
11 your approval of the staff recommendation.
12 Our chief hydrologist and air specialist is
13 here -- both of them are here today to answer
14 any questions that you might have relative to
15 the environmental issues that have been
16 presented this morning.
17 And, as I said, Mayor Scott Maddox is here
18 for any questions that you might have on other
19 issues.
20 And at this time, I would like to introduce
21 Mayor Chuck Shields, who would like to speak for
22 the City of St. Marks.
23 Thank you very much.
24 GOVERNOR CHILES: Yes, sir.
25 MR. SHIELDS: Governor and Cabinet members,
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1 I'm Chuck Shields, Mayor of St. Marks, Florida.
2 I'm pleased to be here to provide for you
3 the City of St. Marks' perspective to the Purdom
4 power plant expansion.
5 First of all, the City of Tallahassee has
6 been very open with us, they have invited us to
7 every meeting that has any related dealings with
8 the City of St. Marks. This -- this project
9 will be a very financial improvement to our
10 community. 11 Several years ago, I was before this same
12 Cabinet -- a few people removed -- but seeking a
13 submerged land lease to discharge effluent from
14 the wastewater treatment plant in the City of
15 St. Marks. This was a highly controversial
16 issue. We spent many hours trying to resolve
17 this program -- this problem.
18 And one of the stipulations that this Board
19 asked us to do was to seek an alternate source
20 of discharge.
21 The City of Tallahassee, if this project
22 goes through, has agreed to take all of our
23 water -- wastewater, which would be a treated
24 water, to use as cooling water for their
25 towers.
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1 They've also obligated themselves to take
2 care of our future needs.
3 This is in -- no cost to the City of
4 St. Marks. They're putting in all the
5 infrastructure for the lines, the pump station.
6 We will only be asked to maintain the utilities
7 to operate this facility.
8 They're also financially contributing to
9 our upgrade on our water system. They're
10 allowing us to use their 100,000 gallon water
11 tower that they have in place at the Purdom
12 power plant. That will double the capacity of
13 the cities for consumption of water, as well as
14 for fire power.
15 This is going to be a very positive issue
16 for the City of St. Marks.
17 The City of St. Marks appreciates the
18 thorough review that DEP and other regulatory
19 authorities has taken on this matter, making
20 sure that the air quality and the water quality
21 is -- is meeting all the standards of the State.
22 I would like to present you copies of a
23 resolution that was adopted April the 9th by our
24 City Commission, unanimously approved. Also we
25 have other Commissioners in the audience
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1 tonight -- today voicing their moral support for
2 this project.
3 Thank you for listening to me, and urge
4 approval of staff recommendations.
5 Thank you.
6 GOVERNOR CHILES: Thank you, sir.
7 TREASURER NELSON: May I ask a question?
8 GOVERNOR CHILES: Do you have further
9 speakers?
10 Question.
11 MS. WETHERELL: That concludes the
12 speakers.
13 GOVERNOR CHILES: All right.
14 TREASURER NELSON: Would someone from the
15 City answer a couple of questions for me. From
16 the City of Tallahassee.
17 What I'd like to know -- I understand the
18 issue before us on this final order for you as
19 the City of Tallahassee to replace boilers. But
20 I'm curious, is there a companion issue here,
21 and how does it fit in on the question of
22 whether or not this ought to be operated by the
23 City, or whether or not you ought to put this
24 out for bid in the private sector.
25 Does that -- and how does that, for the
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1 record, affect this issue going ahead by the
2 replacing of those old boilers with this new
3 kind of technology?
4 MR. SAMS: My name is Gary Sams. I'm the
5 attorney who represented the City in the
6 licensing.
7 I may not be the ideal person to answer
8 your question, but I'll take a stab at it. And
9 if others from the City would like to add to it,
10 they may.
11 Basically, under all scenarios that the
12 City has studied regarding sale, retaining the
13 utility, forming an authority, all the things
14 that you're aware in general that they have been
15 looking at, Purdom Unit 8 greatly improves the
16 efficiency of the system; it meets the required
17 needs; and, in fact, is necessary in part, to
18 avoid having to develop new transmission lines
19 into this area that would present environmental
20 issues of other kinds.
21 In other words, this will, under any
22 envisionable scenario, be built. And I don't
23 think there is anything that has been identified
24 that would cause it not to be built. That's why
25 the project is proceeding.
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1 TREASURER NELSON: Okay. So I understand
2 what you've done is a recitation of the position
3 of the City with regard to this issue before us
4 now.
5 Are you saying then, since you did not say
6 that there is any kind of influence over the
7 question of whether it be operated by the City
8 or whether it be put out to bid in the private
9 sector, how does that issue play?
10 Mr. Mayor, how does that issue play in
11 here?
12 MR. MADDOX: Thank you, Commissioner,
13 Governor, Cabinet members.
14 We -- it's -- currently the City Commission
15 has looked at several options, one of which is a
16 sale option; and they will look at the possible
17 sale of generation and transmission, or parts of
18 that; as well as many other issues such as
19 utility authority, partnering with the private
20 sector, or keeping the status quo, implementing
21 a fire fee.
22 So it's really in the formative stages on
23 the City Commission's agenda.
24 The plant, Purdom 8, that's being built,
25 of course, is much better environmentally and
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DEPARTMENT OF ENVIRONMENTAL PROTECTION SITING BOARD April 28, 1998 104
1 efficient-wise than the current equipment that
2 is there today. That actual plant was put out
3 to bid to the private sector, and we had a
4 self-bid alternative that bid against the
5 private sector, and we were much cheaper and
6 better environmentally, so we chose our own bid.
7 It will have no effect over whether or not
8 we make a decision to sell the system or not.
9 In my opinion, it will simply be a greater asset
10 to whoever buys the system, if that is a
11 decision that -- that we make.
12 And it'll be better for the citizens,
13 because you will have a much better
14 environmental plant for the new owners, should
15 the City make that decision. It would be better
16 also for the local jurisdictions because they
17 would be paying taxes in those areas.
18 But I don't think one has anything to do
19 with the other. This is simply a retooling
20 of -- of a current plan.
21 TREASURER NELSON: Thank you.
22 GOVERNOR CHILES: What's your pleasure?
23 SECRETARY MORTHAM: Move approval.
24 ATTORNEY GENERAL BUTTERWORTH: May I ask a
25 question --
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1 GOVERNOR CHILES: All right. Staff
2 recommendation has been approved.
3 ATTORNEY GENERAL BUTTERWORTH: That's a
4 substitute though, right?
5 GOVERNOR CHILES: Pardon?
6 ATTORNEY GENERAL BUTTERWORTH: It's a
7 substitute that's up, right? It's a substitute
8 proposal --
9 MR. ODOM: Yes.
10 MS. WETHERELL: Yes.
11 ATTORNEY GENERAL BUTTERWORTH: -- which
12 means that they cannot --
13 MS. WETHERELL: Substitute Item 2.
14 ATTORNEY GENERAL BUTTERWORTH: Right.
15 They cannot change fuel without coming back
16 to us.
17 MR. ODOM: Right.
18 GOVERNOR CHILES: All right.
19 MS. WETHERELL: Yes.
20 GOVERNOR CHILES: All right. Conceptual
21 approval.
22 ATTORNEY GENERAL BUTTERWORTH: No, not
23 conceptual.
24 GOVERNOR CHILES: Pardon?
25 ATTORNEY GENERAL BUTTERWORTH: Is it
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DEPARTMENT OF ENVIRONMENTAL PROTECTION SITING BOARD April 28, 1998 106
1 conceptual?
2 GOVERNOR CHILES: I don't know. I'm trying
3 to -- you said --
4 ATTORNEY GENERAL BUTTERWORTH: No. No.
5 I -- no, the substitute amendment, right.
6 GOVERNOR CHILES: Substitute amendment.
7 All right. It's been moved.
8 Is there a second?
9 COMMISSIONER CRAWFORD: Second.
10 GOVERNOR CHILES: Second.
11 So many as favor the amendment, signify by
12 saying aye.
13 THE CABINET: Aye.
14 GOVERNOR CHILES: Opposed, no.
15 Approved.
16 MS. WETHERELL: Thank you.
17 GOVERNOR CHILES: Yes, sir.
18 (The Department of Environmental Approval
19 Siting Board Agenda was concluded.)
20 *
21 (The Cabinet meeting was concluded at
22 11:54 a.m.)
23
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April 28, 1998 107
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 106 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 5TH day of MAY, 1998.
17
18
19 LAURIE L. GILBERT, RPR, CCR, CRR 100 Salem Court 20 Tallahassee, Florida 32301 850/878-2221 21
22
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