Title: Minutes of Governing Board, April 26, 1988, relating to RULEMAKING
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Permanent Link: http://ufdc.ufl.edu/UF00052312/00001
 Material Information
Title: Minutes of Governing Board, April 26, 1988, relating to RULEMAKING
Alternate Title: Minutes of Governing Board, April 26, 1988, relating to RULEMAKING, WCRWSA's Petition to Initiate Rulemaking to Replace District Rule 40D-2.301(3),(b), ( c) and (d)
Physical Description: 2p.
Language: English
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 4, Folder 12A ( FIVE - THREE - ONE RULE ), Item 19
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00052312
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

- Minutes of the Meeting April 26, 1988
Governing Board Page 10

Green Swamp Riverine Corridor Project -
SWF Parcel No. 10-200-1039

Purchase Agreements and Appraisals Mr. Musselmann said the purchase of SWF
Parcel No. 10-200-1039 has been negotiated as part of the District's Green
Swamp Riverine Corridor project in Lake County consisting of 222.04 acres.
With the aid of an overhead projector, Mr. Musselmann pointed out the
location of this parcel. He said that 70 acres of the parcel is encumbered
by oil, gas and mineral reservations. He said, as of April 15, the sellers
have received a final judgment clearing title to this portion of the
property. Mr. Musselmann noted that the purchase agreement contains a
caveat whereby, if the encumbrances are not cleared, then it will not close
and the agreement becomes null and void. He said staff wants to wait until
May 15, 1988, which will be the end of the appeal period and then close.
Following consideration, Dr. Bramson moved, seconded by Mr. Harrell, to
approve the appraisals by C. L. Knight, M.A.I., and Edward L. Fishback,
M.A.I., for SWF Parcel No. 10-200-1039; and agreement to purchase the parcel
in the amount of $149,877. Motion carried unanimously.

Resolution Requesting Funds from the Water Management Lands Trust Fund-
Following consideration, Dr. Bramson moved, seconded by Ms. Bishopric, to
approve Resolution No. 911, Resolution Requesting Funds from the Water
Management Lands Trust Fund for Acquisition of SWF Parcel Nos. 10-200-1039,
as recommended by staff. Motion carried unanimously.


West Coast Regional Water Supply Authority's Petition to
Initiate Rulemaking to Replace District Rule 40D-2.301(3)(b), (c) and (d)
Mr. Fernandez said on February 19, 1988, the West Coast Regional Water Supply
Authority (WCRWSA) filed a petition to initiate rulemaking to replace District
Rule 40D-2.301(3)(b), (c) and (d). He said, according to Chapter 120, Florida
Statutes, within 30 days after a petition to initiate rulemaking is filed, the
Governing Board must take one of the following actions: initiate rulemaking
proceedings, otherwise comply with the requested action, or deny the petition
with a written statement of its reasons for the denial. Mr. Fernandez said the
WCRWSA stipulated to a waiver of the 30-day requirement provided that the Board
would consider the petition before May 1, 1988. He said the rule challenge is
still pending and a ruling is expected until the end of May. Mr. Fernandez said
it would be premature to grant this request due to the pending rule challenge
and the current review of the District's consumptive use permit rules. He said
staff recommends approval of Final Order No. 88-13 denying the petition from
WCRWSA to initiate rulemaking.

Mr. Tom Brown addressed the Board. He agreed with the staff recommendation for
denial of the petition. He said the WCRWSA will have a permit before the
Governing Board at its meeting in May. He suggested the WCRWSA be required to
site all violations to the District's 5-3-1 rule.

Mr. Fernandez suggested Mr. Brown meet with staff to obtain the information
requested. Following consideration, Mr. Harkala moved the staff recommendation
to approve Final Order No. 88-13 denying petition by the West Coast Regional
Water Supply Authority to initiate rulemaking to replace District Rules 40D-

Minutes of the Meeting April 26, 1988
Governing Board Page 11

2.301(3)(b), (c) and (d). Ms. Hogan seconded the motion. Chairman Zagorac said
the District provided funding for the Starkey, Cypress Creek and Morris Bridge
Well Fields for use by the WCRWSA which the WCRWSA seems to have forgotten. In
addition, he said, data collection required on the consumptive use permits for
the WCRWSA has brought it more credibility. Chairman Zagorac said the
District's 5-3-1 rule has served the residents of the District well, and
District staff and Governing Board strongly support public water supply. The
question was called and the motion to approve Final Order No. 88-13 carried

Authorization to Initiate Rulemaking for Permit Application Forms
Mr. Ed Helvenston said staff has revised application forms for surface water
management, noticed general and conceptual permits. He said these revisions
have been made to make the application and permitting process more efficient.
Following consideration, Mr. Harrell moved, seconded by Dr. Wilcox, to approve
the staff recommendation to authorize initiation of rulemaking and publication
of notice for adoption of revised surface water management and noticed general
permit applications, and a new permit application for conceptual permits.
Motion carried unanimously.

Lake Grady Dam Structure Emergency Authorization
For the record and in regard to the previous discussion on the Lake Grady Dam,
Mr. Fernandez entered into the record the correspondence from Housel and
Associates along with the emergency order signed by the Executive Director.

Mr. Jay Ahern introduced the regulatory packet into evidence as Exhibit No. 139.

The public hearing was recessed to the next regularly scheduled meeting.


Organizational Structure
Mr. Black said for the past two months he has been working with Mr. Kuhl and
District staff in reviewing the District's organizational structure. He said he
interviewed managerial staff and visited all of the service offices. Mr. Black
said he has never been more impressed with the morale and integrity of staff,
and the dedication of and admiration for Mr. Kuhl. He said the District has a
fine organization with which he is impressed and proud to be involved.

Mr. Kuhl reviewed major events and programs which have increased the District's
responsibilities. He also reviewed existing programs and supporting activities
that have had additional requirements placed on them due to these increased
responsibilities. With the aid of an overhead projector, Mr. Kuhl reviewed a
series of existing and proposed organizational charts. He said staff recognizes
the budget constraints and how they may affect this reorganization. Mr. Kuhl
reviewed the organizational structure of the Tampa, Bartow and Venice Service
Offices, as well as specific additional positions related to the proposed
organizational chart.

Dr. Bramson commended staff on the work involved in developing the proposed
organizational chart. He said although he did not want to dictate positions, he
would recommend the District consider minorities for some of the positions.
Mr. Harrell said the restraint in proceeding with the proposed positions is the
funding. He urged the Board to place the reorganization through the budget

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