Minit s of the Meeti March 2, .,77
Board of Governors Page Sixteen
Department of Environmental Regulation
Mr. Banks Vest of the Department of Environmental Regulation requested
the Chairman's permission to make a statement at this time. Permission
was granted and he stated that first of all he would like the Board to
be aware that he has given notice to DER's present landlord in St.
Petersburg that they will be vacating their offices on May 1, 1977. He
then reported that the Secretary of DER has taken action to clarify the
role of the various segments of DER as far as the relationship with the
water management districts is concerned. He stated that the District
Manager in each water management district is designated as having the
primary responsibility for policy statements regarding the Department to
the water management districts. With regard to SWFWMD Mr. Vest said
that he is now the one who will relate the policy of the Department to
the District. He also introduced Mr. Scott Benyon as the coordinator
for the Southwest District with SWFWMD stating that his primary responsibility
would be to act in Mr. Vest's absence, to advise him regarding District
staff concerns, etc.
Basin Board Appointments
At this time Chairman McAteer named Mrs. Thompson as Co-Chairman of the
Pinellas Anclote Basin Board and Mr. Pender as Chairman of the Hillsborough
Recommendation to Redefine "Works of the District"
Chairman McAteer announced that unless there was an objection agenda
item 10P, recommendation to redefine "Works of the District" -- Green
Swamp Basin, would be postponed until the April meeting. There was no
Administrative Matters -- District Rules Renumbering
Mr. Blain reported that the staff has been working with the Department
of Environmental Regulation and the other water management districts in
1\ an attempt to come up with a uniform numbering system for their rules.
DER has recently suggested that the District's Rules be changed from 16J
to 17, however, Mr. Blain stated that in his opinion it would be more
v appropriate, if the numbers are to be changed, that the water management
\ district rules all be placed in one section, similar to the regional
planning agencies. The Board was in agreement with Mr. Blain that a
Yr separate section for all water management district rules would be
0 appropriate because of the uniformity which could be established. At
this point, Mr. Vest commented that the Secretary of State has already
agreed to make the numbering changes as suggested by DER and the District's
Rules will appear as Chapter 17-1 A, B, C, D and E. Mr. Blain stated
that since the Board desires a separate section for all water management
districts rules, the staff will pursue that avenue regardless of what
has transpired to date. At this point Chairman McAteer left .the meeting
and Vice Chairman Martinez assumed the Chair.
With regard to agenda item 10R, pending litigation/legislation, Mr.
Blain reported that there has been no change in the status of litigation
since last month. With regard to legislation Senate Bill 312 has been
introduced by Senator Saylor which would amend the District Rules so
that the final budget adopted by the Governing Board would be submitted
to the Governor and Cabinet who would by majority vote approve or disapprove
it within 30 days.
Mr. Feaster announced that the staff has received notice that the U.S.
Senate and House Public Works Subcommittees of the Appropriations Committee
will be meeting on March 30th in Washington, D.C. Chairman McAteer and
Mr. Vergara will be going with him to Washington for presentations on
that date and any Board Members who would like to accompany them should
notify the staff.
Hunting, Green Swamp Flood Detention Area
Mr. Blain requested the Chairman's permission to add an emergency item
to the published agenda regarding hunting in the Green Swamp Flood
SMinutes of the Meeting March 2, 1977
Board of Governors Page Fifteen
Special Audit Report -- District, Oklawaha and Waccasassa Basins
Mr. Mullin reported that the firm of Ernst & Ernst was also employed by
the Board to perform an interim audit report, from October 1, 1976 to
December 31, 1976, on the Oklawaha and Waccasassa Basins and a special
report on the District General Fund in connection with the Basin transfers.
The interim audit of Basin funds and the special report on the District
General Fund have now been completed and reports submitted. The staff
recommends acceptance of these reports as submitted and requests authori-
zation be granted to complete payment to Ernst & Ernst for the work as
specified in the contract. After a full discussion motion was made by
Mr. Turner that the staff recommendation be approved as presented.
Motion seconded by Mr. Lambert and passed unanimously. At this point
Chairman McAteer returned to the meeting and assumed the Chair.
Transfer of District Funds
With regard to the transfer of District funds in connection with the
Basin transfers, particularly the Oklawaha Basin to the St. Johns River
Water Management District, Mr. Blain reported on the recent opinion
provided by the Attorney General. He stated that the District's agreement
with St. Johns provides for the transfer of uncommitted Basin funds and
the pro rata portion of uncommitted District funds collected by the
SWFWMD in Fiscal Year 1976-77 from ad valorem taxes levied within the
Oklawaha Basin. The Attorney General's opinion was originally requested
in connection with the transfer of funds because the St. Johns District
proposed to use those funds transferred from the District General Fund
throughout the St. Johns District rather than for the Oklawaha Basin.
The Attorney General's opinion states that District funds may not be
transferred. This would apply to the transfer of funds to both the St.
Johns and Suwannee River Water Management Districts -,-- approximately
$226,809. Mr. Blain stated he does not f(.-l the Attorney General was
aware of the agreements between the SWFWMD and the St. Johns and Suwannee
River Water Management Districts relative to the transfer of funds. He
is, therefore, recommending that the staff accompany representatives of
the St. Johns District when they meet with the Attorney General to
explain the existing situation and advise him that SWFWMD would have no
objection to a modification of this opinion to provide that it would be
a permissive activity to transfer these funds pursuant to the law and in
accordance with the written agreement. Following discussion it was
moved by Mr. Turner that approval be granted to work with St. Johns and
the Attorney General's office to clarify this situation. Motion seconded
by Mr. Johns and unanimously approved.
Proposed Policy Statements, District Water Use Plan
In connection with the District Water Use Plan, Mr. Palmer reported that
the bound copies of the plan were picked up from the printer a week ago
today and by Friday afternoon approximately 300 copies had been mailed
out. Copies were mailed to all District and Basin Board Members, County
" Commissioners, County and Regional Planning Agencies, legislators
representing various areas of the District, various state and federal
agencies and a number of libraries. Copies were also mailed to various
corporations and individuals who had entered a previous request for a
copy of the plan. Policy statements presented for review at this time
are as follows: Policy A -- coordinate water management planning with
land use and water quality planning to insure the long-range maintenance
or enhancement of water quantity and quality; Policy D -- manage the water
resources in order to insure a safe, sustained water supply; and Policy E --
water resources of the District will be developed in a manner that will
minimize the overall adverse environmental impact. The proposed policies
were reviewed and explained in detail by Mr. Palmer who stated that the
staff is requesting the Board give tentative approval to the policy
statements at this time either as presented or as modified. After
thorough study and full discussion motion was made by Mr. Turner that
the policies as presented, namely Policy A, Policy D, and Policy E, be
approved as tentative policies of the Board relative to the State Water
Use Plan. Motion seconded by Mr. Johns and passed unanimously.
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