Title: Eminent Domain for recreational planning and development
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Permanent Link: http://ufdc.ufl.edu/UF00052630/00001
 Material Information
Title: Eminent Domain for recreational planning and development
Alternate Title: SWFWMD Board of Governors. Minutes of Meeting April 7, 1971. Discussion for introducing proposed bills in the upcoming session of the legislature regarding SB1470 Eminent Domain for recreational planning and development, SB 1469 penalty provisions for su
Physical Description: Book
Language: English
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 5, Folder 10 ( SF LEGISLATION ), Item 13
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00052630
Volume ID: VID00001
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Full Text

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M T FS jOF H 'ING MAY 71971 JI1
B.,,,. ^ .f ;ij SUBJECT TO BOARD

Brooksville, Florida April 7, 1971

The Board of Governors of the Southwest Florida Water Management District
met in the District Headquarters building.in Brooksville on April 7, 1971
at 9:30 a.m. The following persons were present:

Derrill S. McAteer, Chairman Myron Gibbons, Attorney
S. C. Bexley, Vice Chairman Col. H. C. Gee, Consulting Engineer
Edward Medard, Secretary Ted Reiter, Consulting Accountant
John A. Anderson, Treasurer Dale Twachtmann, Executive Director
Herman Beville, Asst. Treasurer Donald Feaster, District Engineer
Thomas Van der Veer, Member Robert Gates, Supt. of Maintenance
Peter J. Negri, Member Clint Schultz, Dir., Finance & Acctg.
Robert Watson, Dir., Real Estate Div.

Paul Hubbard, Oklawaha
Jack Woodard, Department of Natural Resources
Mrs. Faye Dobbs, Lakeland
Mrs. Anna Houston, Lakeland
Dewey Allen, Inglis
Lucy Ware Morgan, St. Petersburg Times
Jim Twitty, Tampa Tribune

and the following SWFWMD staff members: Carol Ezell, Stell Balek, Bob
Sartor, Hildred Haight, Bob Stevens, Zolda Lambert and Melba Beaty.

The meeting was called to order by Chairman McAteer; the roll was called
and the guests introduced. The Minutes of the Meeting of March 10, 1971
were considered by the Board and approved as published after motion of
Mr. Van der Veer and second of Mr. Beville.

The Treasurer's Report was presented by Mr. Schultz on behalf of Treasurer
Anderson. Following study of the report it was moved by Mr. Medard and
seconded by Mr. Van der Veer that the Treasurer's Report and Statement of
Time Deposits for the period ending March 31, 1971 be approved. Motion
carried. Mr. Schultz also reported that the Finance & Accounting Division
has finished putting the time deposit, collateral and cash balance infor-
mation on the data processing system.

Mr. Paul Hubbard was then asked to come forward to receive a special
commendation for his service as a member of the Governing Board. Mr.
McAteer presented Mr. Hubbard with an engraved plaque and publicly
thanked him for his contribution to the water management of the District.
Mr. Hubbard thanked the Board and said that if it was possible he would
like to serve on the Board again at a later date.

The Governing Board meeting then recessed and the Regulatory Board was
called to order. Following the recess Mr. Watson presented an appraisal
for lands in section three of the Tampa Bypass Canal. Following study
of the appraisal Mr. Medard said that the appraisal had been approved by
the Hiltsborough River Basin Board and the Attorney and he moved that the
appraisal of Mr. L. F. Pallardy, dated February 15, 1971, for parcel
13-003-206(R-1) be approved. The motion was seconded by Mr. Beville and

Mr. Twachtmann reported that word has been received that the Cabinet may
attempt to slow the activity of the District by reducing the amount of
money requested for public works projects from the United States. He
said that perhaps it may be because there is a lack of total information
available to them. In addition, the Water iResources Development Account
is also a very important phase of SWi-'WMD work and faces cutbacks in the
Legislature even though the Governor's budget has about 3.7 million

Minutes of the Meeting April 7, 1971
Board of Governors Page Two

dollars for the District for next year. The Hillsborough River Basin
Board has many projects that must be completed but which cannot con-
tinue without the necessary funding from both federal and state sources.
To show its concern, the Hillsborough River Basin Board passed a motion
requesting that the seriousness of the situation be presented to the
Governing Board and, if it concurred, that a letter be sent from the
Governing Board to the Cabinet stating the importance of the federal
and state funds and requesting an opportunity to provide more informa-
tion to the Cabinet concerning the District and the Four River Basins
project. Mr. McAteer said that he and the Executive Director would
appear before the Cabinet on the coming Tuesday and he felt that the
Cabinet action concerning the Public Works budget would be taken at that
time. He said that a letter from the Executive Director to the Cabinet,
stating that Board members would be available on that date to answer
questions concerning the project and also letting them know that the
Hillsborough River Basin Board in particular was requesting that they
approve the funds, could be sent. Mr. Medard said that this would be

Mr. Watson reported on a house designated as surplus in the Tampa By-
pass Canal right-of-way. He said that the house had been advertised
and no bids received at that time, but now a party wishes to purchase
the house for $200. He also told the Board that performance bonds are
required on bids to insure that the items are removed before the con-
tractor moves into the area but he felt in this case the performance
bond would not be necessary as there is ample time for the structure to
be removed and to require a bond might cause the sale to be lost. Mr.
Gibbons said that this is proper procedure under the rules and regulations
of the District.. After study it was moved by Mr. Negri, seconded by Mr.
Medard and passed, that the sale of surplus property from Parcel
13-003-130 for $200 be approved and that the performance bond require-
ment be waived in this case.

A slide presentation and explanation of the Nature's Classroom in the
Lower Hillsborough Reservoir was then presented by Mr. Feaster. He
said that the acquisition of this land is preserving the beauty of the
area as well as affording thousands of sixth graders the opportunity
to study and enjoy the outdoors and to appreciate the natural environ-

Mr. Twachtmann presented the notice of intention to adopt a tentative
budget for fiscal year 1971-72. He said that each Basin had passed a
tentative budget during the last month and these will be advertised with
the District headquarters' budget as the combined budget. He said that
the District headquarters' tentative budget had been formulated by the
staff after some discussion with some members of the Board. Mr. Twacht-
mann explained the various items in the budget and discussed thoroughly
with the Board his feelings concerning the need for establishing an
Environmental Services Team to serve the District. He elaborated on
the personnel needed and the services which would be performed, stating
that it would be their responsibility to critique, assist in design,
and prepare environmental impact reports for the District; also to
coordinate all types of recreational development; with one planner to
also serve as a public information writer. Mr. Twachtmann said he knew
this idea had not been met with general approval by all of the Board
members but he felt it was something that has been needed and he
believed it was his responsibility to present it to the Board at this
time so that implementation can begin as soon as possible. Chairman
McAteer said he felt it amounted to defense of the District and that
some defense was necessary but perhaps not on a scale as envisioned by
the Executive Director. He felt the cost would be prohibitive. Mr.
Anderson suggested that consultants be utilized for the first year at
least and that the "team" not be set up to provide services that may
not be utilized. He believes many reports could better be prepared by
these outside consultants. Mr. Medard said he felt that consultants
could be used until such time as more specific information was in hand
as to what is needed but that some provision should be made in the

Minutes of the Meeting April 7, 1971
Board of Governors Page Three

budget for these services. Col. Negri said it is doubtful in his opinion
that there are any experts in this field and he suggested the addition
of one planner to start with rather than a whole staff. Chairman
McAteer said the ecological impact may not even be known and suggested
also that recommendations from higher state officials be sought. Mr.
Bexley said he understood that environmental reports will be required on
all projects. Mr. Twachtmann answered and said that it has not been
clarified whether these reports will be required for each project --
such as the Four River Basins -- or for each individual contract, or
separate portions of the project. If reports will in fact be required
for each phase they will have to either be prepared or at least critiqued
by District personnel. Mr. Bexley asked which report would be the most
influential--one prepared by staff or consultants? Mr. Twachtmann said
he could see the need for both and explained that it did not seem feas-
ible to hire outside consultants for certain reports and pay as much
as providing a staff team for many months.

Col. Gee addressed the Board and said that if these suggestions presented
by Mr. Twachtmann were not adopted by the Board the District would soon
be out of business. Three members of the state Cabinet are from south
Florida where it has been very dry for many months and in fact portions
of the Everglades that are designated as water storage areas are presently
on fire. He said that the situation would have existed many months
earlier had it not been for water management practices but that too
often the general public does not understand total situations. The
SWFWMD has not ever had public relations personnel and Col. Gee said he
felt it was time for the District to tell its story and tell it factually
as the water management being practiced by the District is badly needed
and the public must be made aware of what is being done by SWFWMD instead
of hearing only what is told by conservation groups who are hopeful of
stopping all development activity. He said the environmentalists who
have been successful with their attack on the Cross Florida Barge Canal
are now setting their sights on other projects without the proper knowl-
edge or understanding of the projects. He believes such an environmental
services team is needed now because there will be a long training period

Mr. Anderson agreed that both staff and outside specialists are needed
and said he moved that the "Environmental Services Team" concept be
approved and that section of the tentative budget be increased by
$30,000. The motion was seconded by Mr. Medard and passed. Mr. McAteer
said he agreed that something had to be done but he was just not sure
that this expenditure was necessary. He will be in touch with officials
in Tallahassee during the coming week to discuss this matter with them.
The remainder of the budget was explained and it was noted that the
total increase of the budget was less than 5% over last year. Proposed
increases in staff were pointed out by Mr. Twachtmann during his expla-
nation. He said this was the most frugal budget hehad ever presented.
He recommended it for approval. It was moved by Mr. Anderson that the
District Headquarters tentative budget be approved with the changes as
established by prior motion; the final total being $1,373,425. This
was seconded by Mr. Medard and passed.

It was then moved by Mr. Anderson that the tentative budgets of each
of the Basin Boards (as set out below) be approved and that the notice
of intention to adopt the Combined Budget be publishedas required by
law. The motion was seconded by Mr. Medard and passed.

Alafia River Basin $ 286,000
Crystal Homosassa River Basin 41,810
Hillsborough River Basin 1,571,340
Northwest Hillsborough Basin 478,800
Oklawaha River Basin 178,335
Pinellas-Anclote River Basin 425,000
Pithlachascotee River Basin 166,000
Waccasassa River Basin 20,525
Withlacoochee River Basin 221,645
Peace River Basin 234,000

Minutes of the Meeting April 7, 1971
Board of Governors Page Four

The Board then considered several proposed bills for filing in the up-
coming session of the legislature. Mr. Twachtmann explained that the
first bill was for striking certain wording now existing in the law which
prohibits the District from using its pow,,ers of eminent domain for
acquiring lands for recreational enhancement of the project. Mr. Gibbons
said that this request has been made for the past several years but had
always been turned down. Mr. McAteer said that he was personally opposed
to condemnation for recreation alone and that it should be spelled out
,\ that the powers are requested only for those lands also needed in con-
junction with water management. He said the current explanation -- of
o merely removing the restrictions -- gives the Board much too broad powers.

,/ Mr. Gibbons said that he had some wording to present to use in the eminent
G^ domain bill. Mr. Gibbons suggested the wording "the use of the power of
eminent domain for recreational planning and development shall be limited
to the provision of recreational use of lands that are adjacent to and
connected with lands also necessary for water management purposes". This
was acceptable to the Board and it was moved by Mr. Anderson that this
bill be profiled using the wording suggested by Mr. Gibbons. The motion
was seconded by Mr. Medard and passed with Mr. Beville voting against
the motion.

S The next proposal was a request to have the same penalty provisions put
in Chapter 378 that are presently in Chapter 373. This will give the
) \ same penalty provision for surface water violations as are now imposed
,for ground water violations. It was moved by Mr. Medard and seconded
by Mr. Van der Veer that the bill pertaining to changes to Chapter 378,
SW A to add penalty provisions to surface water permit violations, be filed.
.Motion carried.

Mr. Twachtmann reminded the Board of a letter written by the Chairman
about eighteen months ago to every Board of County Commissioners in
the District requesting assistance in preventing construction in flood
plain areas. The commissioners have been very slow to bring about any
L/ sort of strict zoning and there appears to be no active regulations in
^ ~the flood prone and flood plain areas of the rivers end lakes within
/ Qe the District. He said this is the way to prevent the major flood con-
/ h trol expenses in the future yet the enforcement is in the hands of
,r others. Some authorization should be sought by the District to do this
,^, work that is not being-done effectively by those who now have the
authority. After discussion, it was moved by Mr. Medard that the bill
pertaining to zoning authority for the District be drawn and filed as
requested. Motion seconded by Mr. Anderson and passed.

Mr. Twachtmann said there has always been -- in Chapter 378 -- a section
called "Promotion, Advertisement & Improvements" which authorizes cer-
tain types of expenditures but when the District tries to expend from
this section the auditors do not accept it. Nothing seems to be accept-
able and Mr. Twachtmann said he felt the legislature intended it to be
used for something and he would like to have the intent explained and
clarified. It was suggested that a conference be held with the Legis-
lative Auditors to see exactly how the section dealing with spending for
promotion, advertisement and improvements should be interpreted. Mr.
Gibbons said that he would recommend that a declaratory decree be re-
) quested and then there will be no question as to the intent. It was
moved by Mr. Anderson that the matter be persued to come to some
agreement between the auditor, the attorney, and the Finance and Account-
ing Division, so they can give guidance as to how to proceed under this
section of the law. The motion was seconded by Mr. Medard and passed.
Mr. Reiter said that audit reports -- although they may point out and
comment adversely on certain expenditures -- the general statement is
that the finances are in good shape and proper. He said that he felt
the Board could continue to act under the existing law because if a
declaratory decrc was requested the uses may be limited more than
they are now.

Minutes of the Meeting April 7, 1971
Board of Governors Page Five

Mr. Dewey Allen, Mayor of Inglis, was recognized by the Chairman and
asked if he wished to address the Board and he said that he did not.

Mr. McAteer said that the Game and Fresh Water Fish Commission had asked
the Governing Board to express officially the previously stated intention
to acquire all rights on the Cummer lands in October of 1972 if the money
is available. Mr. Bexley reported that on March 24th he and Mr. Watson
had met with representatives of the G&FWFC to discuss the hunting and
fishing rights in the Green Swamp. The details of the Cummer purchases
were thoroughly explained and the Board's intention to acquire these
lands was made clear again. It was explained that the Green Swamp area
would be open to hunting and as the Upper Hillsborough Reservoir became
fully acquired it also would be open to hunting. The Lower Hillsborough
Reservoir would not be open to hunting as this area is to be a refuge
and recreational area. After a lengthy discussion Mr. Bexley moved
that now, as an initial step, a letter of intent be sent to the G&FWFC
explaining the Board's intention to acquire the Cummer lands in October
of 1972 if money is available in the Water Resources Development Account
and if a proper formal agreement has been signed by both parties; and
that the area would be open to public hunting and fishing. He said that
upon receipt of this letter the Commission will begin working with the
District staff to formulate a formal agreement as to game management,
selective game habitat, access, forestry programs, camping areas, fire
protection, cattle grazing and so forth. The motion was seconded by
Mr. Beville and passed.

Mr. Watson said that he is also working with the Forestry Service and
will try to have that agreement ready at about the same time that the
agreement between the District and the Game Commission is finished.
Mr. McAteer asked to have these agreements ready for the Board to
examine in June or July of 1972 so that they will be available for study
before the lands are turned over to the Commission.

Mr. Watson explained a negotiation for Parcel 10-400-113 in the Upper
Hillsborough Reservoir. He pointed the area out on a map. He said
appraisals substantiate the approximate price that the owner is willing
to settle for and that if the land can be purchased it will save a
large amount in landowner's attorney and appraiser fees. He pointed
out a special stipulation to the owner's agreement to sell and he asked
the Board if it felt the savings in acquisition costs would be worth the
five year "grazing only" lease provisions as outlined which are a major
part of the consideration. The landowner will pay the annual lease costs.
The G&FWFC has been advised of the situation and the Regional Supervisor
has said that he will recommend to the Commission that it not be requested
to be opened to hunting under the circumstances. Mr. Beville suggested
obtaining a letter from the Game Commission sanctioning this action and
that if they do not agree to the stipulation of the lease back arrange-
ments that they will pay the additional $70,000 that it would cost to
obtain the property without it. Mr. Watson said that it would be a five
year unbreakable lease except for water management purposes. After other
discussion, it was moved by Mr. Beville that the negotiation be approved
subject to receipt of notification from the G&FWFC that it would agree
that the lands be closed to hunting during the term of the lease. The
motion was seconded by Mr. Medard and passed.

Mr. Twachtmann then presented a resolution to request the funds for the
property just discussed. It was moved by Mr. Anderson that the resol-
ution be approved subject to the same stipulation as the approval of the
negotiation. The motion was seconded by Mr. Medard and the Board approved:


Minutes of the Meeting April 7, 1971
Board of Governors Page Six

This resolution is made a part of these minutes as if set out herein in
full, but for convenience sake is file in the permanent resolution files
of the District.

Mr. Twachtmann said that during the two months since the first resolution
was approved for requesting funds for the third Cummer land acquisition
transaction the actual survey has been completed and the amount of land
needed is now accurately known. It amounts to an additional $10,405.92
and a superseding resolution has been prepared since the original
resolution has not yet been acted on by the Department of Natural
Resources. This superseding resolution states the actual amount of
acres involved and the correct amount of money needed. It was moved
by Mr. Medard, seconded by Mr. Beville and passed, that

(Supersedes Resolution No. 416)

TO PURCHASE WATER STORAGE LANDS (Sections 1, 2, 3, 4, 9, 10, 11,
12, 13, 14, 15 and 16, Township 25 South, Range 23 East, lying
in Sumter and Polk Counties, Florida) IN THE GREEN SWAMP RESERVOIR

be approved. This resolution is made a part of these minutes as if set
out herein in full, but for convenience sake is filed in the permanent
resolution files of the District.

Mr. Watson then brought before the Board a matter pertaining to Parcel
10-100-124 in the Lower Hillsborough Reservoir. He said that this parcel
is owned by the Seaboard Coastline Railroad and that when the matter was
originally presented to the Board, the Board agreed to the terms of the
negotiated settlement -- that the railroad be allowed to reserve the
right to remove borrow material from the parcel. The District's attorney
has now said he feels that to allow this removal will not give proper
title to the District and he recommended that the land be condemned
and that some borrow provisions be included but that the railroad be
limited to the amount it may remove. Mr. Twachtmann said he thought
the Board had approved the taking of the material and Mr. Watson said
that it had but the attorney feels the reservations are too indefinite
and should be clarified. Mr. Anderson suggested that the staff have
additional conferences with the railroad and bring the matter before the
Board at the next meeting. Some agreement is to be reached as to a
time limitation or amount limitation for the removal of the material.

Mr. Twachtmann then requested authorization to advertise for two-way
radio equipment for the District and some Basins. The money has been
budgeted and in keeping with the instructions of the Board that the
bids be received on a performance basis a set of specifications has
been prepared following consultations with leading radio equipment
manufacturers. The Board studied the specifications and Mr. Twacht-
mann said that this system is tied to a telephone system from the
District to the transmission tower which has certain undesirable
aspects but which still appears to be the best. The entire list of
specifications was read by Mr. Twachtmann. Mr. Anderson said he
thought the Board might be shortsighted in not having the range of the
tower to cover tTie major area of the District. Mr. McAteer said he
felt it was not possible to do this without relay. Mr. Anderson asked
about standby power and Mr. Twachtmann replied that that had been
included in the budget for the coming fiscal year. Mr. Anderson said
that based on that he would moved for approval of the specifications
and authorization to advertise for bids for the two-way radios as
presented by the staff. The motion was seconded by Mr. Bexley and

The Voucher-Check Register was presented by Mr. Schultz on behalf of
Treasurer Anderson. Some of the nonroutine and larger disbursements

Minutes of the Meeting April 7, 1971
Board of Governors Page Seven

were explained. After study it was moved by Mr. Van der Veer that
vouchers number 3005 through 3203, Interfund checks number 878, 880 through
936 and the following state of Florida warrants received be approved
and disbursement authorized:

Warrant No. Payee and Description Amount

9054437 SWFWMD, Parcel 10-400-114 $ 87,350.00

The motion was seconded by Mr. Medard and passed.

Mr. McAteer announced that the staff is continuing to work with the
Florida State Fair Association and the Corps of Engineers to solve the
special problem of placing spoil material from the Tampa Bypass Canal
excavation on the Association's property.

There being no further business to come before the Board at that time
the meeting was adjourned at 1:00 p.m.


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