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(Clerk's Note: Commissioner O'Bryan requested this addition to the agenda, <br />which was discussed following Item 11.C.1). <br />Commissioner O'Bryan provided background information on this item. At the <br />June 19, 2007 Board meeting, he had requested a letter of objection to the land swap, based <br />on the following: (1) the land should be held in conservation, (2) it might set a bad <br />precedent to use conservation lands to settle potential lawsuits, and (3) it could start a <br />precedent of taking land, other than the highest priority wetlands, and using it for other <br />purposes. Commissioner O'Bryan recounted that his initial Motion had not passed; <br />however, the Board subsequently approved, 5-0, a Motion requesting the subject land be <br />held in conservation. <br />Commissioner O'Bryan reported that last week, the Saint Johns River Water <br />Management District Governing Board had voted 7-2 to proceed with the land swap. He <br />believed that a big determining factor was that SJRWMD had a letter from Fellsmere <br />saying that it was their intention to hold the land in conservation, if it were ever annexed. <br />Commissioner O'Bryan was not sure that would be legally binding. <br />Dr. Richard Baker expressed concerns that this was not a good swap, and asked <br />the Board to direct staff to evaluate the available options to appeal this decision to the <br />Governor and Cabinet. He disclosed that several years ago, the SJRWMD had approved <br />an agreement between SJRWMD and the Corrigan family for an "acre per acre" swap of <br />land, with no cash to the Corrigan family to settle the perceived litigation. It was his <br />understanding that the Corrigans backed out of that agreement. <br />MOTION WAS MADE by Commissioner O'Bryan, <br />SECONDED by Chairman Wheeler for discussion, for the <br />Board to direct staff to appeal the decision made by the St. <br />September 18, 2007 51 <br />