Title: SWFWMD. Board of Governors
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00051978/00001
 Material Information
Title: SWFWMD. Board of Governors
Alternate Title: SWFWMD. Board of Governors. Minutes of the Meeting
Physical Description: 4p.
Language: English
Publication Date: June 20, 1984
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 4, Folder 1 ( SF BASIN BOARD CONCEPT ), Item 62
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051978
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text



SBoard of Governors
Southwest Florida Water Management District

Tampa, Florida June 20, 1984

The Board of Governors of the Southwest Florida Water Management District met in
informal workshop session at 2:00 p.m. on Wednesday, June 20, 1984, in the Sixth Floor
Conference Room of the Florida State Office Building in Tampa, Florida. The following
persons were present:

Bruce A. Samson, Chairman Gary W. Kuhl, Executive Director
Wm. O. Stubbs, Jr., Vice Chairman James M. Harvey, Deputy Executive Director
Mary A. Kumpe, Asst. Treasurer S. A. Walker, General Counsel
Walter H. Harkala, Member

Also in attendance were Gail B. Parsons, Northwest Hillsborough Basin Board; Patricia R.
Pieper, Hillsborough River Basin Board; Martha B. Kjeer, Alafia River Basin Board;
Robert E. Bryant, Dorothea P. Zysko, Marcia L. Ford, and Shirley S. White, District
Staff; Robert L. Council and Theo Council, Council Farms, Inc.; Colleen O'Sullivan,
Biological Research Associates; Robert N. Kessler, Florida Power and Light Company;
M. J. Burwell, Steven Seachrist and Jean Wruck, City of Tampa Stormwater
Management; L. M. Blain, Blain and Cone, P.A.; Lynn Townsend, Holland and Knight;
Dale Hardin, Seaburn and Robertson; Malcolm Johnson, Lykes Bros., Inc.; Grey Patrick
and J. B. Butler, Butler and Associates; Rich L. Mitchell, Hillsborough County
Cooperative Extension Service; Gil Klein, Tampa Tribune; Donald R. Feaster; and others.

Chairman Samson called the meeting to order and welcomed those present. He stated no
formal Board action would be taken at the work session today, however, the Board has
scheduled and properly advertised a special meeting of the Governing Board on July 5,
1984, at the Tampa Sub-District Office, 7601 Highway 301 North, Tampa, at which time
the Board may take action on the same agenda items as will be discussed today.

Wetlands Protection Act Implementation
Using charts, Mr. Kuhl explained the Wetlands Protection Act and its impact on the
water management districts. He said one of the purposes of today's work session is to
review the implementation schedule with the Governing Board. The schedule was
presented as follows:

1. Review Personnel Needs with Governing Board; 7/05/84
Presentation by South Florida Water Management District -
Part IV Permitting Process

2. Initiate Part IV Rule Making 7/11/84

3. Complete Economic Impact Statement 7/15/84

4. Joint Meeting with DER and WMDs 7/17/84

5. Conduct Governing Board Public Meeting on Proposed 8/01/84
Part IV Rule; Hire Appropriate Personnel

Minutes of the Meeting June 20, 1984
Board of Governors Work ssion Page 2

6. Public Hearing 8/08184

7. Conduct Additional Public Workshops as Necessary 8/84

8. Final Public Hearing and Adoption of Part IV Rule 8/22/84

9. Part IV Rule Effective 10/01/84

10. Fine-Tune Part IV 7/85

Mr. Walker pointed out that the dates are subject to change but are provided at this point
to give general guidelines to the Board and interested public as a matter of information.

FY 85 Budget Status
In regard to the FY 85 Budget, Mr. Kuhl advised that the preliminary FY 85 Budget
reflects a total of $20.4 million and it is the intent of the Audit and Budget Committee
and staff to reduce this amount by $6 million. Additionally, Mr. Kuhl said staff is making
an effort to reduce FY 85 personnel requirements by eliminating six existing positions
which are no longer required. Along this line, Mr. Kuhl noted that the Stormwater
Permitting and Wetlands Regulation Programs place additional responsibilities on staff
and an effort is being made to assure these mandated programs can be effectively
implemented. He noted that the Tentative Budget will be adopted by the Governing
Board at the July 11, 984, meeting, the Final Budget reviewed at the September 5, 1984,
meeting, and the Final Budget Hearing is scheduled for September 19, 1984.

Basin Board Concept
Addressing the Basin Board concept, Mr. Kuhl stated the current setting has been
extremely effective in providing a forum for local input, serving as an impetus for the
Four River Basins Project, and establishing Save Our Rivers priorities. The current ad
valorem taxing authority is .75 mill for Basin Boards and .25 mill for the Governing
Board. He pointed out that a high level of staff and Governing Board involvement is
required and there has been inadequate clarity as to role of the Basin Boards. He said in
view of the changing role of water management, particularly in light of recent delegation
of stormwater permitting, wetlands regulation, water quality monitoring, and well
construction permitting, the Basin Board concept is being examined. In addition to the
changing role of water management, Mr. Kuhl pointed out the inequities which exist in
distribution of taxation, and the difficulty citizens, other state and regional agencies,
and local governments sometimes experience in gaining clear-cut and consistent
direction from the District. Also, he said, the question of whether surface water basins
are appropriate in a district where over 90 percent of the water use is from wells, and
the continuing concerns expressed by members of the Legislature and Auditor General as
to efficiency in the Basin Board concept, particularly in the South Florida and St. Johns
Water Management Districts, have prompted review of the local concept. Mr. Kuhl said
the staff recommendation is to establish a new Basin Board concept as a non-taxing local
input mechanism with renewed exphasis on Chapter 373 roles. The method for
implementing this recommendation was outlined as follows:

1. Governing Board, by resolution and rule amendment, abolish current
Basin Boards.
2. Governing Board administratively establish local input system with
goals and objectives defined.
3. Current Basin Board members would be asked to continue to serve in a
new capacity.
4. Levy only District-wide ad valorem tax within .25 cap for FY 85-86.

Minutes of the Meeting June 20, 1984
Board of Governors Woz session Page 3

Mr. Kuhl listed other options as follows:

1. Eliminate local input concept.
2. Reduce the number of Basin Boards.
3. Replace current Basins with regional committees whose membership
consists of local government personnel (Northwest Florida and
Suwannee River Water Management Districts have similar approaches in

In summary, Mr. Kuhl said the new Basin Board concept would allow complete budgetary
control at the Governing Board level and, at the same time, continue to encourage local

Ms. Pieper, a member of the Hillsborough River Basin Board, stated she felt the proposed
concept outlined by Mr. Kuhl would be taxation without representation. She said Basin
Board members have a rapport with local citizens that would be difficult to replace.
Referring to the concept of an advisory board, Ms. Pieper said she did not think there
would be significant cost savings. She said a State Advisory Board in Tallahassee might
as well be considered if the element of facilitating the permitting process is a primary
consideration for changing the concept. Ms. Pieper said as a private citizen, she is in
total disagreement with the proposed concept. Addressing Mrs. Parsons' question
regarding whether or not the proposal requires legislative approval, Mr. Walker said
approval of a rule amendment by the Governing Board would be required but no statutory
changes are necessary. Ms. Pieper commented that Chapter 373, Florida Statutes,
defines the role of the Basin Boards and she then asked why it was felt they were
necessary when they were initially created. Mr. Kuhl stated the District was established
primarily for flood control purposes and the Basins acted to carry out duties of local
sponsor. Mr. Don Feaster, former Executive Director of SWFWMD, addressed the Board
and presented his views relative to the importance of the Basin Board concept. He said
it was his strong opinion that if the taxing authority of the Basin Boards were to be
eliminated, the same goals and objectives will not be accomplished. Mr. L. M. Blain,
former General Counsel for SWFWMD, said he shared Mr. Feaster's concerns and urged
the Board to provide the general public an opportunity to participate in this decision
process. He said he did not realize this item was on the agenda today. Chairman Samson
advised that today's meeting was advertised as a work session and the Board would take
no action. He said the same items will be discussed in detail by the Governing Board at a
special meeting on July 5, 1984, at Z:00 p.m. in the Tampa Sub-District Office.
Chairman Samson said the general public is invited to that special meeting and will be
provided an opportunity for input at that time. Ms. Martha Kjeer, a member of the
Alafia River Basin Board, stated her feelings regarding the need for local meetings as
opposed to citizens having to drive to Brooksville to provide input. She said she, as a
private citizen as well as a Basin Board member, was very concerned over the proposal to
change the Basin Board concept. Additionally, Ms. Kjeer said she felt Basin Board
members' input should have been obtained prior to this meeting. Mrs. Parsons
commented that she was very upset that the proposal appeared to be concealed from the
Basin Board members. Chairman Samson explained that through a clerical error, Basin
Board members did not receive a notice/agenda of the work session today. Fortunately,
he said, there would be no formal action at today's meeting, and also stated that staff
contacted all Basin Board members by telephone to advise them of the work session.
Chairman Samson assured those present that there was no deliberate attempt to exclude
Basin Board members from attending or participating in the meetings where the Basin
Board concept will be addressed. Mr. Stubbs stated he was asked by Mr. Herbert C.
Craig, a member of the Withlacoochee River Basin Board, to relay to the Governing

Minutes of the Meeting June 20, 1984
Board of Governors Work Session Page 4

Board his feelings on this matter. He said Mr. Craig has no objections regarding the
taxing authority being transferred to the Governing Board but Mr. Craig does strongly
support continuation of the Basin Boards as an instrument for local input. A letter from
Mr. Ronald B. Lambert supporting the Basin Board concept was provided to the Board
members and for the record. Ms. Kumpe expressed her support for continuing the
existing level of local input while at the same time accomplishing the goals in an
administratively efficient manner. Mrs. Parsons and Ms. Pieper each expressed their
views regarding inadequate tax authority representation on the Governing Board under
the new proposal Mrs. Parsons said Pinellas and Hillsborough Counties' representation of
two members each on the Governing Board would leave only five members to represent a
fourteen-county area. Chairman Samson said the Governing Board needs to be advised by
staff on July 5 of a specific recommendation as to how the Basin Boards can be
restructured, and the functions they will be expected to serve. He said the Governing
Board may consider taking action on this item at the July 5 meeting. Chairman Samson
went on to say that Basin Board members who have concerns, as well as members of the
general public, are welcome to attend and provide input at the July 5 meeting. At
Ms. Kjeer's suggestion, Mr. Walker said legal staff will provide Basin Board members
information on the role of Basin Boards as contained in Chapter 373, Florida Statutes,
and 61-691, Laws of Florida, specifically addressing the authority on which the proposal
is based.

Mr. Robert Council, representing the Agricultural Advisory Council, offered support
from the Council in order to continue the close coordination between the agricultural
community and the District as the wetlands regulation gets underway.

There being no further business, the work session adjourned at 3:30 p.m.

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