Loxahatchee River Environmental Control District Public Hearing – Minutes June 18, 2020
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Loxahatchee River District Water Reclamation | Environmental Education | River Restoration 2500 Jupiter Park Drive, Jupiter, Florida 33458 Telephone (561) 747-5700 •Fax (561) 747-9929 • www.loxahatcheeriver.org D. Albrey Arrington, Ph.D., Executive Director AGENDA REGULAR MEETING #16-2020 JULY 16, 2020 – 7:00 PM AT DISTRICT OFFICES ALSO, THE MEETING WILL BE AVAILABLE TO THE PUBLIC ONLINE AT: LOXAHATCHEERIVER.ORG/PUBLICMEETING 1. Call to Order & Pledge of Allegiance 2. Administrative Matters A. Roll Call B. Previous Meeting Minutes Page 4 C. Additions and Deletions to the Agenda 3. Comments from the Public 4. Status Updates A. Loxahatchee River Watershed Page 11 B. Loxahatchee River District Dashboard Page 12 5. Consent Agenda (see next page) Page 13 6. Regular Agenda A. Consent Agenda Items Pulled for Discussion B. Rules Chapter 31-2, Agenda and Scheduling of Meetings and Workshops Page 73 C. Attorney General Opinion Page 80 D. Busch Wildlife Sanctuary License Agreement Page 140 E. Sonoma Isles Irrigation Quality Water Agreement Page 142 F. Environmental Education Policy Page 143 G. Budget Assumptions Page 149 7. Reports (see next page) Pulled for Discussion 8. Future Business Page 247 9. Board Comments 10. Adjournment “…if a person decides to appeal any decision made by the Board, with respect to any matter considered at such meeting or hearing, he/she will need a record of the proceedings, and that, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.” Submitted by: Date: July 6, 2020 Gordon M. Boggie Dr. Matt H. Rostock Stephen B. Rockoff Harvey M. Silverman James D. Snyder Board Member Board Member Chairman Board Member Board Member 1 5. CONSENT AGENDA All items listed in this portion of the agenda are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a Board member or citizen; in which event, the item will be removed and considered under the regular agenda. A. Olympus Drive Notice of Intent to Assess (Resolution 2020-05) Page 14 B. US 1 Residential Preliminary Assessment (Resolution 2020-06) Page 22 C. Whispering Trails Preliminary Assessment (Resolution 2020-07) Page 29 D. Imperial Woods Preliminary Assessment (Resolution 2020-08) Page 43 E. Owner Furnished Equipment: LS 82 Standby Generator & ATS – to approve purchase Page 52 F. Owner Furnished Equipment: LS 82 Submersible Pumps – to approve purchase Page 54 G. Disposal of Surplus Tangible Personal Property Policy – to approve policy Page 57 H. Jupiter Inlet Lighthouse Septic to Sewer Conversion – to approve engineering contract Page 61 I. Fixed Asset Disposal – to approve disposal Page 62 J. Change Orders to Current Contracts – to approve modifications Page 63 7. REPORTS A. Neighborhood Sewering Page 153 B. Legal Counsel’s Report Page 155 C. Engineer’s Report Page 157 D. Busch Wildlife Sanctuary Page 161 E. Director’s Report Page 162 2 Loxahatchee River District Water Reclamation | Environmental Education | River Restoration 2500 Jupiter Park Drive, Jupiter, Florida 33458 Telephone (561) 747-5700 •Fax (561) 747-9929 • www.loxahatcheeriver.org D. Albrey Arrington, Ph.D., Executive Director AGENDA PUBLIC HEARING #15-2020 JULY 16, 2020 - 6:55 P.M. AT DISTRICT OFFICES ALL MEETINGS ARE OPEN TO THE PUBLIC 1. Call to Order and Pledge of Allegiance 2. Roll Call 3. To receive public comments pertaining to Rules Chapter 31-2, Agenda and Scheduling of Meetings and Workshops 4. Comments from the Board 5. Adjournment ".... if a person decides to appeal any decision made by the Board, with respect to any matter considered at such meeting or hearing, he/she will need a record of the proceedings, and that, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based." Submitted by: Date: July 6, 2020 J:\BOARD\Agenda\07-AgendaPHJul2020.docx Gordon M. Boggie Dr. Matt H. Rostock Stephen B. Rockoff Harvey M. Silverman James D. Snyder Board Member Board Member Chairman Board Member Board Member 3 Loxahatchee River District Water Reclamation | Environmental Education | River Restoration 2500 Jupiter Park Drive, Jupiter, Florida 33458 Telephone (561) 747-5700 •Fax (561) 747-9929 • www.loxahatcheeriver.org D. Albrey Arrington, Ph.D., Executive Director MEMORANDUM TO: Governing Board FROM: Recording Secretary DATE: July 7, 2020 RE: Approval of Meeting Minutes Attached herewith are the minutes of the Public Hearing and Regular Meeting of June 18, 2020 which was recessed and reconvened on June 22, 2020. As such, the following motion is presented for your consideration. “THAT THE GOVERNING BOARD approve the minutes of the June 18, 2020 Public Hearing and Regular Meeting which was recessed and reconvened on June 22, 2020 as submitted.” J:\BOARD\MinutesSamples\MinutesMemo2020.docx Gordon M. Boggie Dr. Matt H. Rostock Stephen B. Rockoff Harvey M. Silverman James D. Snyder Board Member Board Member Chairman Board Member Board Member 4 Ref. 13-2020 LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT PUBLIC HEARING – MINUTES JUNE 18, 2020 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE Chairman Rockoff called the Public Hearing of June 18, 2020 to order at 6:56 P.M. 2. ROLL CALL The following Board Members were in attendance: Mr. Rockoff Dr. Rostock Mr. Silverman (via Goto Webinar) Mr. Snyder Mr. Boggie 3. TO RECEIVE PUBLIC COMMENTS PERTAINING TO RULES CHAPTER 31-2, AGENDA AND SCHEDULING OF MEETINGS AND WORKSHOPS. No comments from the public were received. 4. COMMENTS FROM THE BOARD No comments from the Board were received. 5. ADJOURNMENT Chairman Rockoff adjourned the Public Hearing at 6:58 P.M. ______________________________ __________________________________ BOARD CHAIRMAN BOARD SECRETARY ______________________________ RECORDING SECRETARY 5 RECESSED AND RECONVENED ON JUNE 22, 2020 AT 1:00 PM Ref: #14-2020 LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT REGULAR MEETING - MINUTES JUNE 18, 2020 1. CALL TO ORDER Chairman Rockoff called the Regular Meeting of June 18, 2020 to order at 7:00 PM and explained the various methods of attending the meeting (in person, electronically or telephonically). 2. ADMINISTRATIVE MATTERS A. ROLL CALL The following Board Members were in attendance. Mr. Rockoff Dr. Rostock Mr. Silverman (via GotoWebinar) Mr. Snyder Mr. Boggie Staff Members in attendance were Dr. Arrington, Mr. Dean, Mr. Howard, Ms. Fraraccio (via GotoWebinar) and Mr. Pugsley (via GotoWebinar). Consultants in attendance were Mr. Shenkman with Curtis Shenkman, PA. and Ms. Marshall with Baxter and Woodman. Ms. Kight, Ms. Wynne and Mr. DiComo from Busch Wildlife Sanctuary were also in attendance. B. PREVIOUS MEETING MINUTES The minutes of the Public Hearing and Regular Meeting of May 21, 2020 were presented for approval and the following motion was made. MOTION: Made by Mr. Boggie, Seconded by Mr. Snyder, Passed Unanimously. “THAT THE GOVERNING BOARD approve the minutes of the May 21, 2020 Public Hearing and Regular Meeting as presented.” 6 LRD MINUTES PAGE 2 JUNE 18, 2020 C. ADDITIONS & DELETIONS TO THE AGENDA No additions or deletions were made. 3. COMMENTS FROM THE PUBLIC No comments were received. 4. STATUS UPDATES A. LOXAHATCHEE WATERSHED STATUS Mr. Howard presented a summary of the dry season river flows. B. LOXAHATCHEE RIVER DISTRICT DASHBOARD Dr. Arrington reviewed the District Dashboard. 5. CONSENT AGENDA MOTION: Made by Mr. Boggie, Seconded by Dr. Rostock, Passed unanimously. “THAT THE GOVERNING BOARD approve the Consent Agenda of June 18, 2020 as presented.” The following motions were approved as a result of the Board’s adoption of the Consent Agenda: A. Lift Stations 162 and 291 Emergency Generators – to approve corrected amount “THAT THE DISTRICT GOVERNING BOARD authorize the “piggy-back” of the Florida Association of Counties (FSA&AC) contract with ACF Power Systems, Inc. for 125KW Generator Package Specification # 102 with contract deduct amounts 80KW and 100KW generators and 600A Automatic Transfer Switch Specification # 80 with contract deduct amounts for 150A switches in accordance with ACF Power System, Inc.’s proposals dated March 21, 2020 in the amount of $94,460.00.” B. Software Agreement (ESRI) – to approve agreement “THAT THE DISTRICT GOVERNING BOARD recognizes that this is a justifiable sole source purchase and authorizes the Executive Director to execute the Small Utility Term Enterprise Agreement (Quote #Q-414810) with Environmental Systems Research Institute, Inc. for the term June 22, 2020 through September 30, 2023 for $81,850.” C. Lift Station 54 Gravity Main Lining – to approve contract “THAT THE DISTRICT GOVERNING BOARD authorize the “piggyback” of the City of Orland Contract with Granite Inliner IFB16-0007 for main line rehabilitation services in the amount of $105,076.00.” 7 LRD MINUTES PAGE 3 JUNE 18, 2020 and “THAT THE DISTRICT GOVERNING BOARD authorize an additional contingency amount of $10,500.00.” D. Fixed Asset Disposal – to approve disposal “THAT THE GOVERNING BOARD authorize the Executive Director to dispose of tangible personal property including fixed asset number TE0095-1 in the schedule above.” E. Change Orders to Current Contracts – to approve modifications No Change Orders were presented. 6. REGULAR AGENDA A. CONSENT AGENDA ITEMS PULLED FOR DISCUSSION No items were pulled for discussion. B. Busch Wildlife Sanctuary License Agreement Dr. Arrington, Busch Staff and the Board discussed the status of the Busch Wildlife Sanctuary License Agreement. MOTION: Made by Mr. Rockoff, Seconded by Mr. Synder, Failed 0-5. “THAT THE DISTRICT GOVERNING BOARD authorize the District Attorney to draft an inquiry to the Attorney General to determine if the District can enter into a license, lease or assignment to be presented at the July Board Meeting.” MOTION: Made by Mr. Rockoff, Seconded by Dr.