Minutes of the Meeting February 24, 1988
Governing Board Page 6
very pleased with the progress and results thus far of the regulatory review.
In response to Ms. Bishopric's question, Mr. Coates said the external auditors
have access to the information he has gathered relative to the internal audit.
This item was presented as a matter of information and action was not required.
EXECUTIVE DIRECTOR'S REPORT
Mr. Kuhl said regulation decentralization was discussed by the Board at the
weekend workshop. He said, as this effort continues, staff will continue to
work with the Governing Board Chairman on necessary day-to-day authorizations
required in less than a 30-day period. It was noted for the Board's information
that October 1988 has been targeted as the date to establish offices (with
regulatory personnel) in Bartow and Venice. Both will be in temporary
facilities until permanent facilities are completed.
Environmental Efficiency Study Commission
Mr. Kuhl said the Environmental Efficiency Study Commission (EESC) final report
is available; however, staff has limited copies. Mr. Richard Owen provided the
Board members a handout which listed the major implications of the EESC Final
Report for the water management districts.
Mr. Kuhl said staff is continuing to attend the county legislative delegation
meetings. He said there has been discussion relative to local county
participation in the District's budget process. He said items being discussed
with legislative committees include (1) clarification of the Governing Board's
authority to delegate permitting functions to local counties, (2) delegation of
permitting to the Executive Director and/or staff (general permits),
(3) proposed Committee Bill involved in Sunset review (addressing clean-up
language), and (4) modification of language in Chapter 373, Florida Statutes,
relative to the collection of permit fees including monitoring and enforcement.
Mr. Kuhl said the House and Senate Natural Resources Committees are scheduled to
meet twice in March to discuss Sunset/Sundown.
SMr. Kuhl said an additional item for Governing Board consideration is a letter
received from the Northwest Florida Water Management District (NWFWMD). He said
the letter requests the Governing Board adopt a resolution supporting equalized
villages statewide for all water management districts. Chairman Zagorac said
the Governing Board has continued to support the need for increased millage in
the NWFWMD and, in his opinion, a resolution was not necessary. Ms. Hogan said
it seems as though this would be the only fair way of handling the millage. She
said it would be unfair for the taxpayers of this District to be supporting the
works of another District because of lack of funds. Mr. Harrell said he would
not be in favor of equal millage as requested by the NWFWMD; however, he would
be in favor of increasing its millage. Dr. Wilcox said he understood that the
Board's position has been to not tell the Legislature what to do, but rather to
have a liaison to respond to the questions and issues raised by the Legislature.
Ms. Hogan reiterated her opinion that if the State is helping to fund the
NWFWMD, then the taxpayers of this District are supporting the NWFWMD and that
is unfair. Mr. Kuhl said that the NWFWMD neither has the taxing capability as
this District nor the same regulatory authority, or surface water permitting
activities, etc. Mr. Harrell said the Governing Board can voice its support of
raising the millage without telling the Legislature what to do. He said he
would be in favor of adopting a resolution. Ms. Hogan again stated her support
~-~-- Ms. statedII her support I_ .
Minutes of the Meeting February 24, 1988
Governing Board Page 7
of raising the NWFWMD's taxing authority. Mr. Black said Ms. Hogan's comments
are well taken and also voiced support of a resolution. Ms. Bishopric said she
would also be in favor of supporting a resolution. Chairman Zagorac suggested,
rather than a resolution, the Board could pass a motion to encourage the
Legislature to support appropriate millage for the NWFWMD. Following
consideration, Mr. Black moved, seconded by Dr. Bramson, to support appropriate
water management district millages. Following further consideration, the
question was called and the motion carried with all members present voting in
favor with the exception of Mr. Harrell who voted against.
Joint Administrative Procedures Committee Mr. Kuhl said the Joint
Administrative Procedures Committee has expressed concern about three
Department of Environmental Regulation Rules including Surface Water
Improvement and Management rules, storm water delegation and state water
During further discussion of Legislative matters and in regard to
Sunset/Sundown, Mr. Bob Harris, attorney with Haben and Culpepper, said the
Senate Natural Resources Committee has a Proposed Committee Bill (PCB);
however, the House Natural Resources Committee has not yet submitted a PCB.
He noted for the Board's information that the Committees will meet again on
March 2 and 9, 1988, to consider Sunset/Sundown.
Hillsborough River Technical Advisory Committee Mr. Kuhl said staff
recommends Mr. Richard Owen replace Mr. Hubbell as the District's staff
representative on the Hillsborough River Technical Advisory Committee.
Following consideration, Mr. Harrell moved, seconded by Dr. Bramson, to
approve the staff recommendation. Motion carried unanimously.
Discussion of 5-3-1 Rule Challenge Mr. Kuhl informed the Board that a
rule challenge has been received from the West Coast Regional Water Supply
Authority (WCRWSA) in regard to Rule 40D-2.301, Florida Administrative Code
(5-3-1 rule). He noted that two of the WCRWSA's well field permits are now
being considered by the Division of Administrative Hearings (DOAH). With
the aid of an overhead projector, Mr. Richard McLean provided an
explanation of the 5-3-1 rule. He said, in regard to consumptive use
permits, withdrawals cannot exceed five feet of the potentiometric surface
at the applicant's property line, three feet of the water table at the
applicant's property line, and one foot of lakes, streams or water bodies
at the applicant's property line. He noted this has been in the District's
rules for over ten years. Mr. Kuhl said a hearing on the rule challenge
has been set at District headquarters for March 23 and 24, 1988. He said
preparation for the hearing will take extensive staff time and outside
legal counsel or assistance may be necessary. In response to Dr. Bramson's
question, Mr. Fernandez said, under Chapter 120, Florida Statutes, rule
challenges go directly to the DOAH. Mr. Harrell said this rule has been in
effect for many years and voiced his concern relative to the untimely
manner in which the rule has been challenged. The Governing Board members
generally agreed to direct staff to defend the rule challenge with vigor.
District Activities With the aid of an overhead projector, Mr. Kuhl
reviewed ongoing and future District activities. He said staff plans to
review these activities with the Board on a monthly basis.