HomeMy WebLinkAbout2011-03_Agenda_ShortSouth Florida Water Management District
GOVERNING BOARD MEETING AGENDA
This meeting is open to the public
March 10, 2011
9:00 AM
St. Lucie County Commission Chambers
2300 Virginia Avenue, 3rd Floor
Ft. Pierce, FL 34982
Pursuant to Section 373.079(7), Florida Statutes, all or part of this meeting may be conducted by
means of communications media technology in order to permit maximum participation of
Governing Board members.
The Governing Board may take official action at this meeting on any item appearing on this
agenda and on any item that is added to this agenda as a result of a change to the agenda
approved by the presiding officer of the meeting pursuant to Section 120.525, Florida Statutes.
The order of items appearing on the agenda is subject to change during the meeting and is at
the discretion of the presiding officer. Public Comment will be taken after each presentation and
before any Governing Board action(s) except for Governing Board hearings that involve the
issuance of final orders based on recommended Orders received from the Florida Division of
Administrative Hearings.
1. Call to Order - Eric Buermann, Chairman, Governing Board
2. Pledge of Allegiance - Eric Buermann, Chairman, Governing Board
3. Agenda Addendum - Annette Carter, Director, Office of Governing Board
& Executive Services
4. Abstentions by Board Members from items on the Agenda
5. Local Governmental Officials - Introduced by Jayne Bergstrom, Director,
Martin -St. Lucie Service Center
6. Project & Lands Committee Report - Jerry Montgomery, Chair
7. Water Resource Advisory Commission (WRAC) Report - Kevin Powers,
Chair
Agenda of the South Florida Water Management District - March 10, 2011
Consent Agenda
Members of the public wishing to address the Governing Board are to
complete a Public Comment Card and submit the card to the front desk
attendant. You will be called by the Board Chair or designee to speak. If
you want to request that an item be removed from the Consent Agenda
and be discussed by the Governing Board, please advise the Governing
Board when you are called upon to speak. Governing Board directives
limit comments from the public to 3 minutes unless otherwise determined
by the Governing Board Chair. Your comments will be considered by the
Governing Board prior to adoption of the Consent Agenda.
Unless otherwise determined by the Chair, Board action on pulled
Consent Agenda items will occur at or after 9:00 a.m. on Thursday.
Regulatory items pulled from the Consent Agenda for discussion will be
heard during the Discussion Agenda. Unless otherwise noted, all
Consent Agenda items are recommended for approval.
8. Public Comment on Consent Agenda
9. Pull Items for Discussion from Consent Agenda
10. Board Comment on Consent Agenda
Regulatory Matters
11. Denials
Consent Orders
See supporting document: ca rm_rp_100_sd.pdf
12. Right of Way Occupancy New Permits
Right of Way Occupancy Permit Modifications
See supporting document: ca rm om 101 sd.pdf
13. Waivers for Water Resource Advisory Commission (WRAC) Members
pursuant to Section 112.313, Florida Statutes
Everglades Restoration and Capital Projects
14. 2011-300 A Resolution of the Governing Board of the South Florida Water
Management District (SFWMD) to authorize entering into an amendment
of the November 2006 agreement with Troup Indiantown Water Control
District (TIWCD), for one time maintenance of a 1 mile reach of TIWCD's
Canal D located in Martin County, Florida, and TIWCD's reimbursement
of any and all SFWMD's costs associated with such canal maintenance in
an amount not to exceed $200,000.00; providing an effective date. (Ruth
Clements, ext. 6271)
Agenda of the South Florida Water Management District - March 10, 2011
15. 2011-301 A Resolution of the Governing Board of the South Florida Water
Management District approving release of canal and road reservations,
issuance of a non-use commitment as to mineral reservation, containing
.34 acres, more or less, Lots 41, 42 and 43, Block 4, Coral Gables Crafts
Section, Plat Book 10, Page 40, Section 17, Township 54 South, Range
41 East, Miami -Dade County, Florida; providing an effective date. (Kathy
Massey, ext. 6835)
See supporting document: ca Ir 107 sd.pdf
See resolution document: ca Ir 107_rd.pdf
16. 2011-302 A Resolution of the Governing Board of the South Florida Water
Management District approving recommendation to the Trustees of the
Internal Improvement Trust Fund to release a canal reservation,
containing 6.31 acres, more or less, portion of Tract 3-B, less the North
180 feet thereof, THIRD ADDITION TO COMMERCE PARK, according to
the plat thereof, as recorded in Plat Book 113, Page 33, of the Public
Records of Miami -Dade County; Section 26, Township 53 South, Range
40 East, Miami -Dade County, Florida; providing an effective date. (Kathy
Massey, ext. 6835)
See supporting document: ca Ir 105 sd.pdf
See resolution document: ca Ir 105_rd.pdf
17. 2011-303 A Resolution of the Governing Board of the South Florida Water
Management District to approve declaring surplus land interests
containing 0.26 acres, more or less, in fee, being a portion of Section 16,
Township 55 South, Range 38 East, Miami -Dade County, 8.5 Square Mile
Area Project; authorize the donation of said property to the United States
of America for inclusion in Everglades National Park; and approve waivers
of the application fee and reservation of rights pursuant to Section 270.11,
Florida Statutes; providing an effective date. (Marcy Zehnder, ext. 6694)
See supporting document: ca Ir 106 sd.pdf
See resolution document: ca Ir 106_rd.pdf
18. 2011-304 A Resolution of the Governing Board of the South Florida Water
Management District approving the issuance of a non-use commitment,
containing 1.99 acres, more or less, Parcel "A" and Parcel "B", Estela
Estates, Plat Book 173, Page 34, in Section 31, Township 50 South,
Range 41 East, Broward County, Florida; providing an effective date.
(Kathy Massey, ext. 6835)
See supporting document: ca Ir 104 sd.pdf
See resolution document: ca Ir 104_rd.pdf
19. 2011-305 A Resolution of the Governing Board of the South Florida Water
Management District approving the issuance of a non-use commitment,
containing 8.88 acres, more or less, Lots 1 through 11 inclusive, Estela
Estates, Plat Book 173, Page 34, in Section 31, Township 50 South,
Range 41 East, Broward County, Florida; providing an effective date.
(Kathy Massey, ext. 6835)
See supporting document: ca Ir 102 sd.pdf
See resolution document: ca_lr 102_rd.pdf
Agenda of the South Florida Water Management District - March 10, 2011
20. 2011-306 A Resolution of the Governing Board of the South Florida Water
Management District to approve declaring surplus land interests
containing 0.02 acres, more or less, in fee, being a portion of Tract 8,
Block 7, Palm Beach Farms Company, Plat No. 3, Plat Book 2, Page 45,
located in Section 31, Township 43 South, Range 42 East, Palm Beach
County, West Palm Beach Field Station Project; authorize the donation of
said property to Palm Beach County for public road right of way; and
approve waivers of the application fee and reservation of rights pursuant
to Section 270.11, Florida Statutes; subject to terms and conditions;
providing an effective date. (Marcy Zehnder, ext. 6694)
See supporting document: ca Ir 101 sd.pdf
See resolution document: ca Ir 101_rd.pdf
21. 2011-307 A Resolution of the Governing Board of the South Florida Water
Management District to declare as surplus, the Indiantown
Communications Tower and the Indiantown Communications Tower
Parcels, in Martin County, Florida, containing approximately 1.46 acres,
and approve a cooperative agreement with Martin County for conveyance
to Martin County of the Indiantown Communications Tower and the
Indiantown Communications Tower Parcels, at no cost to Martin County
other than payment of closing and recording costs; providing an effective
date. (Barbara Katz, ext. 6837)
See supporting document: ca Ir 103 sd.pdf
See resolution document: ca Ir 103_rd.pdf
See supporting document: ca Ir 103 ExhA map.pdf
22. 2011-308 A Resolution of the Governing Board of the South Florida Water
Management District amending Subsections 2 and 6 of Section 140-10,
District Policy Code, regarding administration of agricultural leases to
make certain revisions; providing for inclusion in the District Policy Code,
providing for severability; providing an effective date. (Ruth Clements, ext.
6271)
See supporting document: ca Ir 100 sd.pdf
See resolution document: ca Ir 100_rd.pdf
23. 2011-309 A Resolution of the Governing Board of the South Florida Water
Management District to authorize a five-year amendment to contract C-
13422/3600000082 with the Florida Department of Agriculture and
Consumer Services and Florida Department of Environmental Protection
(FDEP) to amend the interagency agreement, establish roles and
responsibilities and provide for a transfer of funding for the Northern
Everglades and Estuaries Protection Program implementation from FDEP
to SFWMD in the amount of $175,000; providing an effective date.
(Contract C-13422-A03/3600000082-A03) (Pinar Balci, ext. 6982)
See supporting document: ca er 001 NEEPP Memo sd.pdf
See resolution document: ca er rd 17534 BFLD.pdf
Executive Office
24. 2011-310 A Resolution of the Governing Board of the South Florida Water
Management District amending the Fiscal Year 2010-2011 Budget;
providing an effective date (Mike Smykowski, ext. 6295).
See supporting document: ca eo 001 sd.pdf
See resolution document: ca eo 001_rd.pdf
Agenda of the South Florida Water Management District - March 10, 2011
25. 2011-311 A Resolution of the Governing Board of the South Florida Water
Management District authorizing the transfer of funds within the District
FY2010-2011 budget as shown on the attachment hereto; providing an
effective date (Mike Smykowski, ext. 6295).
See supporting document: ca eo 002 sd1.pdf
See supporting document: ca eo 002 sd.pdf
See resolution document: ca eo 002_rd.pdf
26. 2011-312 A Resolution of the Governing Board of the South Florida Water
Management District authorizing the addition of facilities pursuant to the
Master Lease Purchase Agreement dated as of November 1, 2006;
authorizing the execution and delivery of a Second Supplement to Series
2006 Ground Lease and a Second Amendment to Schedule 2006 in
connection therewith; authorizing the Ground Lease of certain lands; and
providing for an effective date.
See resolution document: ca ex 100_rd.pdf
Regulatory and Public Affairs
27. 2011-313 A Resolution of the Governing Board of the South Florida Water
Management District to authorize an amendment to contact 460000650
for the Florida Ranchlands Environmental Services Project and Dispersed
Water Management Northern Everglades Technical Assistance, World
Wildlife Fund to extend the term of the Agreement by two years to
September 30, 2013 and add additional Lake Okeechobee Trust Funds in
the amount of $221,564.88 in FY11, $310,811.59 in FY12 and $25,000 in
FY13, for a total of $557,376.47, subject to Governing Board budget
approval; providing an effective date. (Benita Whalen, ext 2957)
See supporting document: ca_rp_103_sd.pdf
See resolution document: ca_rp_103_rd.pdf
28. Enter an Order Granting the Petition for Variance filed by Pelican Cove
Property Owners Association, Inc., authorizing a variance from the
specified landscape irrigation days and allowing an alternative schedule
for landscape irrigation on Pelican Coves property, subject to specific
conditions. (Jesus Rodriguez, ext 6060)
See supporting document: ca_rp_202_sd.pdf
See resolution document: ca_rp_202_rd.pdf
See resolution document: ca_rp_202_rd2.pdf
Operations and Maintenance
29. 2011-314 A Resolution of the Governing Board of the South Florida Water
Management District to authorize entering into a 5 year cooperative
agreement with the State of Florida Department of Transportation to
provide median access, including a left turn lane from SR70 into NE 40th
Avenue within Okeechobee County, in the amount of $800,000 subject to
Governing Board approval of the FY13 budget; providing an effective
date. (Contract Number 4600002389) (Terry Peters, ext. 3102)
See supporting document: ca om 001 sd.pdf
See resolution document: ca om rd 17508 BFLD.pdf
See supporting document: ca om 001 map.pdf
Agenda of the South Florida Water Management District - March 10, 2011
30. Board Vote on Consent Agenda
Agenda of the South Florida Water Management District - March 10, 2011
Discussion Agenda
31. TECHNICAL REPORTS
State of Water Resources
A) Water Conditions Report - Cal Neidrauer, Chief Engineer, Operations
Control & Hydro Management Department (ext. 6506)
B) Ecological Conditions Report - Linda Lindstrom, Director, Restoration
Sciences Department (ext. 6820)
C) Water Supply Report & Water Shortage Planning Actions - Pete
Kwiatkowski, Director, Resource Evaluation Division (ext. 2547)
(1) Declaration of Water Shortage Warning for Water Users Withdrawing
from Surface and Groundwater within the Boundaries of the South Florida
Water Management District and Delegation of Authority to the Executive
Director to Modify or Rescind the Provisions of this Order.
D) Update on Pilot Project to Provide Water for NW Fork of Loxahatchee
River - Dave Swift, Lead Environmental Scientist, Federal and State
Policy Division (ext. 6703)
E) US Army Corps of Engineers' Lake Okeechobee Report - Kimberley
Taplin, P.E., West Palm Beach Deputy Program Manager for Restoration,
US Army Corps of Engineers
Everglades Restoration and Capital Projects
32. 2011-315 A Resolution of the Governing Board of the South Florida Water
Management District to authorize an amendment to contract 4600001034
with the Florida Department of Agriculture and Consumer Services in the
amount of $1,484,120 for the continued monitoring, maintenance,
operation and optimization of six Hybrid Wetland Treatment Technology
facilities in the Lake Okeechobee and St. Lucie Watersheds, to extend the
term by two months from November 14, 2011 to January 13, 2012, and
authorize a budget transfer of Save Our Everglades Trust Fund funds
from Managerial Reserves, Restoration Program, CERP Support to
Everglades Restoration and Capital Projects, Restoration Program, Lake
Okeechobee projects; providing an effective date. (Contract Number
4600001034-A04) (Jim Laing, ext.3732)
See supporting document: da er 002 HWTT Memo sd.pdf
See supporting document: da er 002 HWTT Map_sd.pdf
See resolution document: da—er rd_17500_BFLD.pdf
33. 2011-316 A Resolution of the Governing Board of the South Florida Water
Management District to authorize submittal of the proposed 2011 Priority
Water Body List and Schedule for Minimum Flows and Levels to the
Florida Department of Environmental Protection (FDEP) for review and
approval pursuant to Section 373.042(2), Florida Statutes; providing an
effective date. (Brenda Mills, ext. 6536)
See supporting document: da_er_001_2011 MFL Priority List
Memo sd.pdf
See supporting document: da er 001 Attachment A sd.pdf
Agenda of the South Florida Water Management District - March 10, 2011
See supporting document: da er 001 Attachment B sd.pdf
See resolution document: da er 001 2011 MFL Priority List Res rd.pdf
Regulatory and Public Affairs
34. Enter a Final Order approving the 2011 Upper East Coast Water Supply
Plan Update (Mark Elsner, ext. 6156)
See supporting document: da_rp_201_sd.pdf
See resolution document: da_rp_201_rd.pdf
See supporting document:
2011 uec wsp_u pdate_append ices 030211.pdf
See supporting document:
2011 uec wsp_update_planning_doc_030211.pdf
Operations and Maintenance
35. 2011-317 A Resolution of the Governing Board of the South Florida Water
Management District to authorize entering into a 270 day contract with
Zep Construction Incorporated, the lowest responsive and responsible
bidder, for the Replacement of Golden Gate No. 6 and No. 7 Structures,
in the amount of $1,164,000 of which, ad valorem funds in the amount of
$600,000 are budgeted and the remainder is subject to Governing Board
approval of the FY12 budget; providing an effective date. (Contract
Number 4600002387) (Heath Wintz, ext. 4029)
See supporting document: da om 001 sd.pdf
See resolution document: da om rd 17493 BFLD.pdf
See supporting CJSS: da om 001_cjss.pdf
36. 2011-318 A Resolution of the Governing Board of the South Florida Water
Management District to authorize entering to authorize entering into a 300
day contract with Expert Construction Managers, Incorporated, the lowest
responsive and responsible bidder, for the Moore Haven Telemetry Tower
Replacement, in the amount of $1,388,000 of which ad valorem funds in
the amount of $600,000 are budgeted and the remainder is subject to
Governing Board approval of the FY12 budget; providing an effective
date. (Contract Number 4600002384) (Dave McDermet, ext. 4079)
See supporting document: da om 002 sd.pdf
See resolution document: da om rd 17478 BFLD.pdf
See supporting CJSS: da om 002_cjss.pdf
37. 2011-319 A Resolution of the Governing Board of the South Florida Water
Management District to authorize entering into a 210 day contract with
Ocean Gate General Contractors Incorporated, the lowest responsive and
responsible bidder, for the Gate Automation Structures at G-78, G-79 and
G-81, in the amount of $1,133,515 of which, ad valorem funds in the
amount of $960,000 are budgeted and the remainder is subject to
Governing Board approval of the FY12 budget; providing an effective
date. (Contract Number 4600002394) (Jim Sturgis, ext. 4093)
See supporting document: da om 003 sd.pdf
See resolution document: da om rd 17531 BFLD.pdf
See supporting CJSS: da om 003_cjss.pdf
Agenda of the South Florida Water Management District - March 10, 2011
38. 2011-320 A Resolution of the Governing Board of the South Florida Water
Management District to authorize the official ranking of short-listed firms
and entering into a 3 year work order contract, with Bentley Architects and
Engineers Incorporated, subject to successful negotiations, for the Big
Cypress Basin Field Station Relocation Project Architectural / Engineering
/ Planning Services, in an amount not -to -exceed $2,550,000 of which ad
valorem funds in the amount of $400,000 are budgeted and the remainder
is subject to Governing Board approval of the FY12-FY13 budgets;
providing that, if negotiations are unsuccessful with Bentley Architects and
Engineers Incorporated, the District will proceed with negotiations in
ranked order until a contract has been successfully negotiated; providing
an effective date. (Contract Number 4600002332) (Alex Perez, ext. 3709)
See supporting document: da om 004 sd.pdf
See resolution document: da om rd 17494 BFLD.pdf
39. Public Comment
- Regulatory Policy Issues
- General Public Comment
Agenda of the South Florida Water Management District - March 10, 2011
Staff Reports
40. General Counsel Report - Sheryl Wood
41. Executive Director's Report - Carol Wehle
- Report of Permits Issued by Authority Delegated to the Executive
Director from February 1 to 28, 2011
See supporting document: ID Permits Issued by ED March.pdf
42. Board Comment
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Agenda of the South Florida Water Management District - March 10, 2011
Attorney Client Sessions
Executive Office
43. Attorney client session pursuant to Section 286.011(8), Florida Statutes
(2010) to discuss strategy related to litigation expenditures and/or
settlement negotiations in United States of America v. South Florida
Water Management District, et al., United States District Court, Southern
District of Florida, Case No. 88-1886-CIV-Moreno.
ATTENDEES: Governing Board Members S. Batchelor, E. Buermann, J.
Collins, C. Dauray, R. Montgomery, K. Powers, G. Waldman; Executive
Director C. Wehle; District attorneys S. Wood, S. Nall, C. Kowalsky, K.
Rizzardi, K. Burns, J. Nutt, F. Bartolone, and outside counsel D. Moore.
(Sheryl. G. Wood, ext. 6976)
Action Items (if anv) Stemmina from Attornev Client Session
Attorney client session pursuant to Section 286.011(8), Florida Statutes
(2010) to discuss strategy related to litigation expenditures and/or
settlement negotiations in United States of America v. South Florida
Water Management District, et al., United States District Court, Southern
District of Florida, Case No. 88-1886-CIV-Moreno. (Sheryl. G. Wood, ext.
6976)
44. Attorney client session pursuant to Section 286.011(8), Florida Statutes
(2010) to discuss strategy related to litigation expenditures and/or
settlement negotiations in South Florida Water Management District v.
Cutler Bay Venture, LLC and Miami -Dade County Tax Collector, 11th
Judicial Circuit, Miami -Dade County, Florida, Case No. 07-30747 CA 10.
ATTENDEES: Governing Board Members S. Batchelor, E. Buermann, J.
Collins, C. Dauray, R. Montgomery, K. Powers, G. Waldman; Executive
Director C. Wehle; District attorneys S. Wood, S. Nall, C. Kowalsky, K.
Rizzardi, K. Burns, J. Nutt, F. Bartolone, M. Compagno. (Sheryl. G. Wood,
ext. 6976)
Action Items (if anv) Stemmina from Attornev Client Session
Attorney client session pursuant to Section 286.011(8), Florida Statutes
(2010) to discuss strategy related to litigation expenditures and/or
settlement negotiations in South Florida Water Management District v.
Cutler Bay Venture, LLC and Miami -Dade County Tax Collector, 11th
Judicial Circuit, Miami -Dade County, Florida, Case No. 07-30747 CA 10.
(Sheryl G. Wood, ext. 6976)
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Agenda of the South Florida Water Management District - March 10, 2011
45. Attorney client session pursuant to Section 286.011(8), Florida Statutes
(2010) to discuss strategy related to litigation expenditures and/or
settlement negotiations in South Florida Water Management District v.
Florida Wildlife Federation, Inc., United States Circuit Court of Appeals,
11th Circuit, Case Nos. 10-10886-EE; 10-11121-EE; and Florida Wildlife
Federation et al v. United States Environmental Protection Agency et al,
U.S. District Court, Northern District of Florida Case No. 08-cv-00324-
RH/WCS.
ATTENDEES: Governing Board Members S. Batchelor, E. Buermann, J.
Collins, C. Dauray, R. Montgomery, K. Powers, G. Waldman; Executive
Director C. Wehle; District attorneys S. Wood, S. Nall, C. Kowalsky, K.
Rizzardi, J. Nutt, F. Bartolone, C. Pettit. (Sheryl. G. Wood, ext. 6976)
Action Items (if any) Stemming from Attorney Client Session
Attorney client session pursuant to Section 286.011(8), Florida Statutes
(2010) to discuss strategy related to litigation expenditures and/or
settlement negotiations in South Florida Water Management District v.
Florida Wildlife Federation, Inc., United States Circuit Court of Appeals,
11th Circuit, Case Nos. 10-10886-EE; 10-11121-EE; and Florida Wildlife
Federation et al v. United States Environmental Protection Agency et al,
U.S. District Court, Northern District of Florida Case No. 08-cv-00324-
RH/WCS. (Sheryl G. Wood, ext. 6976)
Adjournment
46. Adjoum
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Agenda of the South Florida Water Management District - March 10, 2011