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r <br />ED 11 <br />989 <br />BOOK <br />GE FA <br />Chairman Wheeler opened the Public Hearing, and asked if <br />anyone wished to be heard in this matter. <br />Attorney Bruce Barkett, representing the Sea Oaks <br />Development Company, explained that sovereignty lands are in fact <br />under navigable waters, and they became the property of the State <br />when Florida became a state in 1845. The Governor and Cabinet, <br />sitting as the trustees of the Internal Improvement Fund, hold <br />those lands in title for the public benefit. Since Sea Oaks is <br />situated on an aquatic preserve, which is a special designation <br />in the State Statutes, the trustees say that we cannot infringe <br />upon these waters with a dock of the proposed size unless we can <br />demonstrate that it is clearly in the public interest, which is a <br />much greater standard than just proving that it is not <br />detrimental to the public interest. Sea Oaks had to prove that <br />there is a public benefit for these docks, and they have done <br />that in several ways. The State has outlined several conditions <br />with which Sea Oaks has to comply: <br />1) Only 19 slips can be used for power boats; the rest are <br />to be used for sailboats; <br />2) A mooring site must be provided for the Marine Patrol; <br />3) No dredging. Only the natural depth of the water can be <br />used; <br />4) Rip rap has to be placed along the shoreline on both <br />sides of the dock for marine communities to grow in; <br />5) Mangroves must be planted; <br />6) Manatee warning signs and speed signs are to be posted; <br />Attorney Barkett explained that the State also says that <br />they manage these waters for the benefit of the public and want <br />to maximize public access to these waters; therefore, in order to <br />get approval of the dock of the proposed size, Sea Oaks has to <br />open up one half of the dockage to non residents. Sea Oaks <br />considers that -a win/win situation, because it gives Sea Oaks <br />more slips and it is a benefit to the public. <br />With respect to the parking questions, Attorney Barkett <br />advised that the parking was resolved during site plan review. <br />Sea Oaks is not asking for any more or less parking than you <br />would normally get in any site plan. In fact, Sea Oaks has extra <br />20 <br />