South Florida Water Management District GOVERNING BOARD MONTHLY MEETING AGENDA

South Florida Water Management District

GOVERNING BOARD MONTHLY MEETING AGENDA September 13, 2018 9:00 AM District Headquarters - B-1 Auditorium 3301 Gun Club Road West Palm Beach, FL 33406

FINAL

1. Call to Order - Federico E. Fernandez, Chairman, Governing Board

2. Pledge of Allegiance - Federico E. Fernandez, Chairman, Governing Board

3. Employee Recognitions - Presented by Ernie Marks  Employee of the Month: Henry Chiquito, Tech Support Consultant-Specialist

4. Agenda Revisions - Tia Barnett

5. Agenda Item Abstentions by Board Members

6. Big Cypress Basin Board Report - Frederick Barber, Chairman

7. Water Resources Analysis Coalition (WRAC) Report - Brandon Tucker, Facilitator

8. Consider Approval of the Minutes for the August 9th Meeting

Consent Agenda

9. Public Comment on Consent Agenda Items

10. Move Consent Agenda Items to Discussion Agenda

11. Board Comment on the Consent Agenda

12. Regulatory Consent Agenda (Staff contact, Jill Creech, ext. 6814)

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Conservation Easements and Releases A. Agenda Item Background: Broward County Lennar Homes, LLC requests a full release of 2.50 acres of a conservation easement for a project known as Palomino Lake in Broward County. Mitigation is provided through the purchase of 2.70 mitigation bank credits. Recommended Action: Approve a full release of a conservation easement for a project known as Palomino Lake. (Application No. 180405- 444, Permit No. 06-05958-P) B. Agenda Item Background: Osceola County Sedona Owners Association Phase 1 requests a partial release of 0.05 acres, part of a 51.89 acre conservation easement. The area to be released was recorded in error and no mitigation is required. Recommended Action: Approve a partial release of a recorded conservation easement for a project known as Sedona Subdivision. (Permit No. 49-02512-P, Application No.: 180720-6)

Seminole Tribe Workplans (Staff contact, Armando Ramirez, ext. 6684) A. Seminole Tribe - Thirty Second Annual Work Plan Under this work plan, the following activities are planned.  Works in the Brighton Reservation: Proposal for the replacement of culvert HP-05 (S-284). The Tribe, in conjunction with the USACE, will demolish and replace the existing Herbert Hoover Dike Culvert 5. The project proposes a new water control structure be constructed with equivalent hydraulic capacity to the existing structure.

 Works in the Big Cypress Reservation: Construction of an access way along the District’s right-of-way on North West Canal Street, into a Tribal member’s homesite.

 Works in the Hollywood Reservation: 1. Construction of a new 40,000 square-foot facility known as the Betty Mae Jumper Medical Complex, replacing an existing aging medical facility. Work includes construction of 161 parking spaces and 2 storm-water management ponds. 2. Construction of a new 100,000 square-foot Seminole Gaming Warehouse and supporting access way. 3. Construction of a new 1.6-million-gallon potable ground storage tank and pump station that will operate in conjunction with an existing 1.5-million-gallon ground storage tank at the Reservation’s water treatment plant. Recommended Action: Concur with the Thirty Second Annual Work Plan for the Seminole Tribe of Florida.

13. Right of Way Consent Agenda (Staff contact, Joel Arrieta, ext. 2867) A. Agenda Item Background: Collier County Florida Power and Light Company (Application No. 18-0420-5) requests issuance of Standard Right of Way Occupancy Permit No. 15050 to authorize an aerial and

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subaqueous utility project within the north right of way of the Golden Gate Main Canal in Collier County. The project includes the removal and replacement of existing utility poles running parallel to the right of way line, a subaqueous directional bore underneath the canal and the attachment of aerial utility lines for the length of the 4,890-foot long project. Recommended Action: Approve issuance of Standard Right of Way Occupancy Permit No. 15050 (Application No. 18-0420-5) and a waiver of the District’s criteria governing the placement of facilities within 40-feet of top of canal bank. B. Agenda Item Background: Broward County R.J. Marina Holdings, LLC, (Application Number 14-0505-1) requests issuance of Standard Right of Way Occupancy Permit No. 15033 to authorize existing facilities consisting of a seawall with concrete deck, 3 davits, electrical service, safety railing, fence, rip-rap bank stabilization and landscape shrubs within the west right of way of the C-10 canal located at 70-90 South Bryan Road in Dania Beach, Broward County. Recommended Action: Approve issuance of Standard Right of Way Occupancy Permit No. 15033 (Application No. 14-0505-1) and a waiver of the District’s criteria governing the placement of facilities within 40-feet of top of bank. C. Agenda Item Background: Palm Beach County Operations and Maintenance staff recommends the Governing Board waive, for future Right of Way Occupancy Permit applications, the requirement contained in District Rules which specifies that an unencumbered 40-foot wide strip of right of way, as measured from the top of bank landward, be maintained for the north right of way of the C-15 Canal from Interstate 95 to 600 feet east of Bryant Drive in Palm Beach County. Recommended Action: Approval of a waiver, for future Right of Way Occupancy Permit applications, the requirement contained in District Rules which specifies that an unencumbered 40-foot wide strip of right of way, as measured from the top of bank landward, be maintained, and, more specifically, to waive such rule for the north right of way of the C-15 Canal from Interstate 95 to 600 feet east of Bryant Drive in Palm Beach County.

14. Release of Reservations (Staff contact, Stephen M. Collins, ext. 2959) Agenda Item Background: The District has certain reserved rights to construct canal and road right of ways, and mineral rights, together with the right of ingress, egress and exploration. Applications requesting releases of these reservations are routinely received from landowners, attorneys, title companies and lending institutions, because the reservations represent clouds on title. Applications are reviewed by both District staff and local governmental agencies to determine that there is no present or future need for the reservations.

Staff Recommendation: Staff recommends approval of the following:

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Palm Beach County - Release District canal reservations and issue a non-use commitment for G.L. Homes of Palm Beach Associates, Ltd. (File Nos. 18802 and NUC 1760) for 3.66 acres; release value $3,109.30 (paid) Recommended Action: Resolution No. 2018 - 0901 Release canal reservations, and issue a non-use commitment.

15. Exchange of Fee Tracts Within C-43 (Staff contact, Stephen M. Collins, ext. 2959) Agenda Item Background: Exchange of 24.75 acres, more or less, owned by the District for 24.75 acres, more or less, and an 8.78-acre, more or less, access easement within the C-43 canal project, subject to terms, conditions, and requirements. Applicant has paid a $1,000 application fee and will pay all fees and costs associated with the exchange. Recommended Action: Resolution No. 2018 - 0902 Surplus a fee-owned parcel containing 24.75 acres, more or less, in exchange for a fee- owned parcel in the amount of 24.75 acres, more or less, along with an access road easement containing 8.78 acres, more or less, C-43 (Caloosahatchee Canal) Project, located in Section 19, Township 43 South, Range 28 East, in Hendry County, subject to satisfaction of certain terms, conditions and requirements.

16. Funding Request to reimburse the District for Tract SG100-125 in Picayune Strand Restoration Project (Staff contact, Stephen M. Collins, ext. 2959) Agenda Item Background: A Resolution to the Department of Environmental Protection requesting funds from the Florida Forever Trust Fund to reimburse the District for part of the acquisition cost of land in the Picayune Strand Restoration Project, Belle Meade Component. Recommended Action: Resolution No. 2018 - 0903 Request the release of funds in the amount of $15,165.63 from the Florida Forever Trust Fund, for reimbursement of acquisition costs for land interests in 5.11 acres, more or less, Tract SG100-125, Picayune Strand Restoration Project, Belle Meade Component, Collier County.

17. Orange County Land Acquisition, Shingle Creek Project (Staff contact, Stephen M. Collins, ext. 2959) A. Tract 26103-211 Agenda Item Background: A proposed acquisition of a 2.47-acre property from a willing seller in the Shingle Creek Project for a purchase price of $69,160, which is below the appraised value of $86,500. This proposed acquisition will be funded from the Wetland Mitigation Fund and the seller will be responsible for all closing costs. The District benefits by having more unified ownership interest in the Shingle Creek Project consistent with environmental goals that can be more efficiently managed by Land Stewardship Section.

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Recommended Action: Resolution No. 2018 - 0904 Acquire land interests containing 2.47 acres, more or less, in the amount of $69,160, located in the Shingle Creek Project Area in Orange County.

B. Tract No. 26104-018 Agenda Item Background: A proposed acquisition of a 1.38-acre property from a willing seller in the Shingle Creek Project for a purchase price of $38,640, which is below the appraised value of $48,500. This proposed acquisition will be funded from the Wetland Mitigation Fund and the seller will be responsible for all closing costs. The District benefits by having more unified ownership interest in the Shingle Creek Project consistent with environmental goals that can be more efficiently managed by Land Stewardship Section. Recommended Action: Resolution No. 2018 - 0905 Acquire land interests containing 1.38 acres, more or less, in the amount of $38,640, located in the Shingle Creek Project Area in Orange County.

18. Row Crop Lease with the North-South Institute (Staff contact, Stephen M. Collins, ext. 2959) Agenda Item Background: Issue a 5-year row crop lease on 37.10 acres in Miami-Dade County in the C-111 South Dade Project. The property was acquired as buffer lands for the C-111 project, and row crop farming is an effective land management tool in controlling exotic vegetation. The lease based on a competitive bid process and the highest bid was submitted by the North- South Institute in the annual amount of $9,200. Recommended Action: Resolution No. 2018 - 0906 Issue a 5-year row crop lease of 37.10 acres in Miami-Dade County, with the North-South Institute. (Contract Number 4600003882)

19. Funding Disclosure Document for U.S. Department of the Interior Grant Funding Restriction Within Biscayne Bay Coastal Wetlands (Staff contact, Stephen M. Collins, ext. 2959) Agenda Item Background: Record a Funding Disclosure document in the public records to acknowledge the transfer of U.S. Department of the Interior (DOI) grant funding assistance from 198.08 acres in the North Lake Belt area to 638.9 acres located within the Biscayne Bay Coastal Wetlands project area. The DOI will execute a Quit Claim Deed to release the grant funding restriction in exchange for the District recording of the Funding Disclosure restricting the District’s Biscayne Bay Coastal Wetlands tracts. Recommended Action: Resolution No. 2018 - 0907 Authorize the transfer of a U.S. Department of the Interior federal grant funding restriction from lands in the North Lake Belt Mining area to lands in the Biscayne Bay Coastal Wetlands area, all in Miami-Dade County.

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20. C-43 Reservoir Project Groundwater Monitoring Equipment Installation Contract (Staff contact, Matt Morrison, ext. 6844) Agenda Item Background: The C-43 Reservoir project, located in Hendry County, is part of the Comprehensive Everglades Restoration Plan. In compliance with the Florida Department of Environmental Protection (DEP) construction permit, monitoring of groundwater at 22 well sites along the project perimeter and several adjacent properties are required. The permit related monitoring wells are required to establish baseline and project operating data. DNK Environmental, Inc., is the lowest responsive and responsible bidder for the installation of the electronic monitoring equipment required for the project. DNK Environmental, Inc. was not only the lowest responsive and responsible bidder, it was also the lowest bidder of all the bids received. Recommended Action: Resolution No. 2018 - 0908 Authorize entering into a 1-year contract with DNK Environmental, Inc., the lowest responsive and responsible bidder, for the installation of monitoring equipment at 22 existing groundwater well sites around and adjacent to the C-43 Reservoir Project, in the amount of $266,250 for which dedicated funds (Save Our Everglades Trust Fund) are budgeted. (Contract Number 4600003888)

21. Everglades Agriculture Area Environmental Protection District Cost-Share Cooperative Agreement (Staff contact, Terrie Bates, ext. 6952) Agenda Item Background: This annual cost-share cooperative agreement (renewed annually since Fiscal Year 2006) is to continue joint efforts between the District and Everglades Agricultural Area Environmental Protection District (EAA-EPD) scientists in conducting applied research within the STAs, including components of the Restoration Strategies Science Plan. This item is funded by dedicated funds from the Restoration Strategies Science Plan in the amount of $400,000. The EAA-EPD will contribute $380,000 as a cost-share partner. Recommended Action: Resolution No. 2018 - 0909 Authorize entering into a cost- share agreement with the Everglades Agricultural Area Environmental Protection District for Stormwater Treatment Area monitoring and applied research, in the amount of $780,000 of which the South Florida Water Management District’s total contribution is $400,000 which is subject to Governing Board approval of the Fiscal Year 2018-2019 budget. (Contract Number 4600003883)

22. Variance from Rule 40E-24.201, Florida Administrative Code: Mandatory Year- Round Landscape Measures Rule (Staff contact, Terrie Bates, ext. 6952) Agenda Item Background: 2470 South Ocean Inc. petitioned for a variance from the day-of-the-week landscape irrigation restrictions for a property located at 2470 South Ocean, Palm Beach. The property is utilizing advanced irrigation scheduling technology, and irrigation will be regulated by the technology in place of the schedule prescribed in Chapter 40E-24, F.A.C. Advanced irrigation scheduling technology has been demonstrated to be more water efficient than a days of the week schedule. Subsection 40E-24.501(1) F.A.C. allows for the issuance of

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variances under certain circumstances. Recommended Action: Approve a variance from Rule 40E-24.201, Florida Administrative Code (Mandatory Year-Round Landscape Irrigation Conservation Measures Rule)

23. Amendment to Variance Order No. 2016-DAO-WU; Variance from Rule 40E-24.201, Fla. Admin. Code: Mandatory Year-Round Landscape Irrigation Conservation Measures Rule (Staff contact, Terrie Bates, ext. 6952) Agenda Item Background: Palm Beach County petitioned to amend a variance it was granted under Order No:2016- DAO-WU to add 8 county-owned park parcels bringing the total to 19 parks. These parks utilize advanced irrigation scheduling technology, and irrigation will be regulated by the technology in place of the schedule prescribed in Chapter 40E-24, F.A.C. Advanced irrigation scheduling technology has been demonstrated to be more water efficient than a days of the week schedule. Subsection 40E-24.501(1) F.A.C., allows for the issuance of variances under certain circumstances. Recommended Action: Approve amendment to Variance Order No. 2016-DAO-WU; Variance from Rule 40E-24.201, Florida Administrative Code: Mandatory Year-Round Landscape Irrigation Conservation Measures Rule

24. SAP Software Maintenance (Staff contact, Duane Piper, ext. 2150) Agenda Item Background: SAP is the integrated Enterprise Resource Planning Software used for the District’s core business functions such as accounting, finance, procurement, human resources, payroll, plant maintenance, and project management. Each year, the District enters into an annual purchase order with SAP Public Services, Inc. for software maintenance for all SAP licenses which includes technical support, upgrades, and access to the Support and Advisory Center. The District obtained this purchase order through a special procurement that is exempt from competition under Section 155-6, South Florida Water Management Districts Policies and Procedures. SAP Public Services, Inc. will provide software maintenance in the amount of $656,437 for the time period October 1, 2018 through September 30, 2019. Recommended Action: Resolution No. 2018 - 0910 Issue a purchase order to SAP Public Services, Inc. for software maintenance and upgrades, for the time period October 1, 2018 through September 30, 2019, in the amount of $656,437 for which funds are subject to Governing Board approval of the Fiscal Year 2018-2019 budget. (Purchase Order Number 4500108058)

25. Oracle Software Annual Maintenance (Staff contact, Duane Piper, ext. 2150) Agenda Item Background: The District’s operations such as SAP, e-permitting, employee emergency notification site, weather/real-time readings, graphical verification analysis, and hydrologic and scientific data utilize Oracle America, Inc.’s portal and database software. Each year, the District enters into an annual purchase order with Oracle America, Inc. for maintenance and upgrades for the Oracle portal and database which includes 24-hour technical support, upgrades, and

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web-based support. The District obtained this purchase order through a special procurement that is exempt from competition under Section 155-6, South Florida Water Management Districts Policies and Procedures. Oracle America, Inc. will provide software maintenance in the amount of $634,188 for the time period October 25, 2018 through October 24, 2019. Recommended Action: Resolution No. 2018 - 0911 Issue a purchase order to Oracle America, Inc. for software maintenance and upgrades, for the time period October 25, 2018 through October 24, 2019, in the amount of $634,188 for which funds are subject to Governing Board approval of the Fiscal Year 2018-2019 budget. (Purchase Order Number 4500108059)

26. Sun Microsystems Hardware Annual Maintenance (Staff contact, Duane Piper, ext. 2150) Agenda Item Background: The Sun Microsystems hardware is part of our Unix based systems. Each year, the District enters into an annual purchase order with Oracle America, Inc. for Sun Microsystems hardware maintenance which includes servers, storage, peripherals, security updates, upgrades, and the Sun Solaris operating system. The District obtained this purchase order through a special procurement that is exempt from competition under Section 155-6, South Florida Water Management Districts Policies and Procedures. Oracle America, Inc. will provide hardware maintenance for the Sun Microsystems equipment in the amount of $231,516 for the time period November 1, 2018 through October 31, 2019 using special procurement. Recommended Action: Resolution No. 2018 - 0912 Issue a purchase order to Oracle America, Inc. for Sun Microsystems hardware maintenance, for the time period November 1, 2018 through October 31, 2019, in the amount of $231,516 for which funds are subject to Governing Board approval of the Fiscal Year 2018-2019 budget. (Purchase Order Number 4500108060)

27. Storage Software Annual Maintenance (Staff contact, Duane Piper, ext. 2150) Agenda Item Background: All District computer systems such as SAP, Regulation, modeling and a host of hydrologic databases store information on computer hardware disks. Veritas NetBackup Software enables Information Technology staff to backup, restore, and protect information that is critical to the District’s operations such as finance, payroll, computer simulation models, and environmental databases. Each year, the District enters into an annual purchase order with DynTek Services, Inc. for Veritas NetBackup software maintenance. The District obtained this purchase order through a special procurement that the District competed using the General Services Administration (GSA) Schedule GS-35F-0119Y. Dyntek Services, Inc. will provide Veritas NetBackup software maintenance in the amount of $174,464 for the time period November 7, 2018 through November 6, 2019 using the GSA Schedule GS-35F- 0119Y.

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Recommended Action: Resolution No. 2018 - 0913 Issue a purchase order to DynTek Services, Inc. for storage software maintenance, using the GSA Schedule GS-35F-0119Y, for the time period November 7, 2018 through November 6, 2019, in the amount of $174,464 for which funds are subject to Governing Board approval of the Fiscal Year 2018-2019 budget. (Purchase Order Number 4500108061)

28. Technical Resources Contract Amendment (Staff contact, Duane Piper, ext. 2150) Agenda Item Background: Whitaker-Taylor, Inc. provides SAP Human Capital Management services, which support the District’s Human Resources functions like payroll, and Basis Administration Technical services, which assist the District with system configuration, performance tuning, and upgrade installation. The District uses these software support services on an as needed basis to develop system solutions, implement system upgrades, and to meet payroll and quarterly reporting deadlines. In 2015, the District entered into a competitively bid 3-year service contract with Whitaker-Taylor, Inc. Last year, the contract was extended until December 31, 2018. The contract amendment will extend the term for SAP technical services by 3 years and increase the amount by $500,000 for a revised contract total of $1,500,000 for which $200,000 is subject to Governing Board approval for the Fiscal Year 2018-2019 budget and the remainder is subject to Governing Board approval for future year budgets. Recommended Action: Resolution No. 2018 - 0914 Amend a contract with Whitaker-Taylor, Inc. to extend the term for SAP technical resources by 3 years and increase the amount by $500,000 for a revised contract total of $1,500,000 for which $200,000 is subject to Governing Board approval of the Fiscal Year 2018-2019 budget and the remainder is subject to Governing Board approval of future year budgets. (Contract Number 4600003295)

29. Fiscal Year 2018-2019 Annual Regulatory Plan (Staff contact, Brian J. Accardo, ext. 6232) Agenda Item Background: Each year, the District completes and certifies a rulemaking plan to the Legislature’s Joint Administrative Procedures Committee (JAPC). This Annual Regulatory Plan is required by Section 120.74, Florida Statutes, to inform the Legislature and the public of what rules the agency intends to promulgate during the upcoming year. The Chairman of the Governing Board and General Counsel must certify that they have reviewed the plan and that the District regularly reviews its rules to determine if the rules remain consistent with the agency’s rulemaking authority and the laws implemented. The District will then submit the plan to JAPC. The plan must be published on the District’s website and maintained on a website for 10 years after the date of initial publication. Recommended Action: Resolution No. 2018 - 0915 Certify to the Joint Administrative Procedures Committee that the Governing Board has reviewed the Fiscal Year 2018-2019 Annual Regulatory Plan and that the District completed a review of all of its rules in August 2018, to determine if the rules 9 Governing Board Meeting Agenda of the South Florida Water Management District – September 13, 2018

remain consistent with the District’s rulemaking authority and the laws implemented, as required by Section 120.74, Florida Statutes.

30. Stipulation for Settlement and Final Judgment (Staff contact, Stephen M. Collins, ext. 2959) Agenda Item Background: In 2016, the District acquired by Eminent Domain this parcel for the Belle Meade component of the Picayune Strand Restoration Project. 14661 Jonathan Harbour, LLC, the owner of approximately 40.97 acres in Belle Meade, reached a mediated settlement agreement with the District and staff seeks authorization to enter into, and submit to the court, a Stipulated Final Judgment for $811,000 including interest, attorneys’ fees and expert fees and costs. Recommended Action: Resolution No. 2018 - 0916 Authorize a Settlement for the sum of $811,000, inclusive of interest, attorneys fees and expert fees and costs, and authorize the Executive Director to execute a Stipulation for Settlement and Final Judgment in a condemnation action to acquire approximately 40.97 acres (Tract 100-135 - 14661 Jonathan Harbour, LLC) within the Belle Meade Component of the Picayune Strand Restoration Project, styled South Florida Water Management District v. Emilio Baez, et al., filed in the 20th Judicial Circuit in and for Collier County, Florida, Case No. 11-2016-CA-000690-0001-XX.

31. Biological Control of Old World Climbing Fern (Staff contact, Francois Laroche, ext. 6193) Agenda Item Background: The District intends to enter into a 3-year agreement with two 1-year renewal options with the USDA Agricultural Research Service in Davie, Florida to develop biological control agents used for control of Old World climbing fern (Lygodium microphyllum). Biological control is identified as a critical element of the District’s integrated pest management approach to invasive species control. However, biological control is a highly specialized field and requires expertise and facilities outside the capacity of District resources. The USDA-ARS has existing staff and a specialized quarantine facility in Davie to carry out this research. This work will ensure that future agents will be available for the CERP Biological Control Implementation Project, which funds the rearing and monitoring of insects within the CERP footprint once they are approved for release in Florida. Recommended Action: Resolution No. 2018 - 0917 Authorize entering into a 3-year agreement with two 1-year renewal options, with USDA Agricultural Research Service for development of approved biological control agents for Old World climbing fern (Lygodium) in an amount not to exceed the total funding of $750,000, subject to Governing Board approval of the Fiscal Year 2018-2019 budget, and outyears are subject to Governing Board approval of future year budgets. (Agreement Number 4600003884)

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32. Contract Amendment with CREW Land and Water Trust, Inc. (Staff contact, Joel Arrieta, ext. 2867) Agenda Item Background: The agenda item authorizes amending Contract Number 4600003156-A03 with the Corkscrew Regional Ecosystem Watershed Land and Water Trust, Inc. for the provision of land management services on the District acquired 25,404 acre CREW Management Area for an additional two year period. Services provided under this contract include assisting District staff in performing exotic plant control activities, managing volunteer activities to provide land management and public use functions, maintaining hiking trails, and performing facility inspections and repairs. The services provided under this contract by the Corkscrew Regional Ecosystem Watershed Land and Water trust, Inc. have been instrumental in performing land management functions and providing public recreational opportunities on the CREW Management Area. Recommended Action: Resolution No. 2018 - 0918 Authorize an amendment to the contract with the Corkscrew Regional Ecosystem Watershed Land and Water Trust, Inc., to extend the contract by 2 years to continue to provide land management services on the CREW Management Area, in an amount not-to-exceed $318,544, subject to Governing Board approval of future year budgets. (Contract Number 4600003156-A03)

33. Lock Tender Contract Services for the Operation of Navigational Boat Locks - Clewiston, Okeechobee and St. Cloud Areas of Responsibility, Glades, Hendry, Martin, Okeechobee, Osceola and Polk Counties (Staff contact, Chris Edelstein, ext. 2952) Agenda Item Background: The District owns 11 navigational boat locks that allow for public boating access within Lake Okeechobee and along the Kissimmee River Waterway from Lake Tohopekaliga to Lake Okeechobee. Six of the locks are located on the perimeter of Lake Okeechobee and five are located within the Kissimmee River Waterway. This contract provides for annual lock tender services to operate the 11 locks. Recommended Action: Resolution No. 2018 - 0920 Authorize a 3-year contract with one 2-year renewal option with ECO Preservation Services, LLC, the lowest responsive and responsible bidder, for operational services of District navigational boat locks within Lake Okeechobee and along the Kissimmee River Waterway in Glades, Hendry, Martin, Okeechobee, Osceola and Polk counties in an amount not-to-exceed $3,323,487, subject to Governing Board approval of future year budgets. (Contract Number 4600003871)

34. Hauling Services Contract - Clewiston Field Station Area of Responsibility, Hendry County (Staff contact, Tom DeBold, ext. 2124) Agenda Item Background: This contract is for the hauling of approximately 2-million cubic yards of material that will be removed from Cells 2A and 3A within STA-5 as part of the Restoration Strategies, Western Flow Path Project. District staff will be leveling approximately 585 acres within those two cells and a contract hauler will transport the material to a predetermined disposal area in the C-139

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Basin. Habana Excavating, Inc. was not only the lowest responsive and responsible bidder, it was also the lowest bidder of all bids received. Recommended Action: Resolution No. 2018 - 0921 Authorize a 2-year contract with Habana Excavating, Inc., the lowest responsive and responsible bidder, for hauling services to transport approximately 2-million cubic yards of material from STA-5 to a predetermined location in the C-139 Basin within Hendry County, in an amount not-to-exceed $5,984,000 for which dedicated funds (Land Acquisition Trust Fund) are budgeted. (Contract Number 4600003885)

35. Grading Contract for District Levees (Staff contact, Tom DeBold, ext. 2124) Agenda Item Background: Grading of District levees is necessary to maintain the required design elevations for levees, ensuring that levees perform their intended flood control purpose. In addition, grading of levees is required to ensure that the tops of levees are suitable for motor vehicles and equipment used to maintain, operate and access the flood control system and stormwater treatment areas. This project for the Clewiston and West Palm Beach Field Station areas of responsibility provides for the annual grading of approximately 1,304 miles of levees, primarily within the stormwater treatment areas (i.e., STA-1E, STA-1W, STA 2, STA-3/4, STA-5, STA-6 and the A-1 FEB) and various rights of way. Recommended Action: Resolution No. 2018 - 0922 Authorize a 3-year contract with two 1-year renewal options with Westwind Contracting, LLC, the lowest responsive and responsible bidder, for grading services of levees within stormwater treatment areas and District rights of way in Hendry and Palm Beach counties and portions of Broward, Glades, and Lee counties in an amount not-to-exceed $1,118,832, subject to Governing Board approval of future year budgets. (Contract Number 4600003898)

36. Microwave Tower Inspection Services (Staff contact, John P. Mitnik, ext. 2679) Agenda Item Background: As part of the District’s Operations and Maintenance Capital Improvement Program, staff is seeking to obtain contractual inspection services for the District’s 58 microwave communication towers. Earlier this year, District staff issued a Request for Proposals to obtain inspection services to evaluate the tower infrastructure and assess the maintenance needs for each tower. Inspection results are used to identify critical issues early and avoid costly emergency repairs. Recommended Action: Resolution No. 2018 - 0919 Authorize the official ranking of firms and enter into a 3-year contract, with two 1-year extensions, with Civil Services, Inc., subject to successful negotiations to provide professional engineering services for the District Tower Inspection Program, in an amount not-to-exceed $750,000, subject to Governing Board approval of future year budgets. (Contract Number 4600003878) 12 Governing Board Meeting Agenda of the South Florida Water Management District – September 13, 2018

37. Board Vote on Consent Agenda

38. Board Comment

Discussion Agenda

39. Technical Reports A. Water Conditions Report - John P. Mitnik B. Ecological Conditions Report - Terrie Bates

40. 2018 Lower East Coast Water Supply Plan Update (Staff contact, Mark Elsner, ext. 6156) Agenda Item Background: Staff will provide an overview of the Draft 2018 Lower East Coast (LEC) Water Supply Plan Update. Water supply plans are updated every 5 years and are developed to identify sustainable waters supplies for all water users while protecting water resources and related natural systems. The LEC Planning Region includes Palm Beach, Broward and Miami-Dade counties, most of Monroe County and the eastern portions of Hendry and Collier counties. The water supply elements of this planning region rely on dry-season deliveries from Lake Okeechobee, which are affected by the 2008 Lake Okeechobee Regulation Schedule (LORS08). The USACE is accelerating repairs to the Herbert Hoover Dike and will concurrently revise LORS08 beginning with the formulation and evaluation of alternatives in 2019. Water Supply for water users and the environment are among the many performance measures to be evaluated in the Regulation Schedule update. Future LEC Water Supply Plans will reflect the outcome of the Lake Okeechobee Regulation Schedule Update. The Draft 2018 LEC Water Supply Plan Update is scheduled to be brought to the November Governing Board meeting for action.

41. Emergency Estuary Protection Wells Implementation Strategy Update (Staff contacts, Ansley Marr, ext. 6419, and Robert Verrastro, ext. 6136) Agenda Item Background: In March 2018, staff updated WRAC with the concept for using Emergency Estuary Protection Wells (EEPW) in the Northern Everglades as an alternative discharge method to help reduce excessive discharges to the estuaries. This presentation provides the results of the site evaluation study identified within Phase 1 of the EEPW work plan.

42. Amendments to Rule 40E-8.221, Florida Administrative Code to Revise the Minimum Flows and Levels (MFL) Criteria for the Caloosahatchee River (Staff contact, Don Medellin, ext. 6340) Agenda Item Background: In 2010, the Governing Board provided direction and funding to implement 11 new research studies on the Caloosahatchee River to re-evaluate the existing Minimum Flows and Levels (MFL) rule. In 2016, the 11 studies were presented for review and technical input at a 2-day Public Science Symposium in Ft. Myers. Since then, additional scientific analyses and modeling were conducted to develop revised MFL criteria. In 2017, a 5-member panel of independent scientific experts reviewed the draft MFL Technical Document, visited the Caloosahatchee River and held a public peer review session. The District received a very positive peer review of the MFL technical document and the scientific approaches and methodologies used to revise the MFL criteria. In 2018, two rule development public workshops were held in Ft Myers. In response to public input, District scientists have completed additional scientific analyses and revised the duration criteria of the MFL rule.

13 Governing Board Meeting Agenda of the South Florida Water Management District – September 13, 2018

Based on this compilation of scientific studies, monitoring, modeling, technical evaluations, peer review and public input, staff proposes to amend Rule 40E-8.221, F.A.C., to increase the MFL flow criteria at the S-79 structure from 300 cubic feet per second (cfs) to 400 cfs and to revise the duration and return frequency components of the MFL criteria. The Joint Administrative Procedures Committee has reviewed the proposed rule and does not have any comments. Recommended Action: Adopt amendments to Rule 40E-8.221, Florida Administrative Code to revise the Minimum Flows and Levels (MFL) criteria for the Caloosahatchee River.

43. S-5A Contract Extension for Brown & Caldwell, Inc. (Staff contact, Alan Shirkey, ext. 2579) Agenda Item Background: As part of the Operations and Maintenance Capital Program, the S-5A Repowering and Automation Project is located in Palm Beach County along the south side of the C-51 Canal. The primary purpose of the S-5A, the largest of all the District’s pump stations, is to move surplus stormwater from the L-10 and L-12 basins, and the S-5A agricultural area, into Water Conservation Area No.1. A project to repower and automate the pump station is currently under construction and will continue for the next four years. Brown & Caldwell Corporation is the engineer of record for the project and is performing the engineering during construction services. The Brown & Caldwell Corporation contract requires a time extension to February 15, 2022 and additional funds not-to-exceed $5,000,000 to provide this service through the end of the construction project. Recommended Action: Resolution No. 2018 - 0923 Authorize an amendment to Contract Number 4600002851 with Brown & Caldwell Corporation for Engineering During Construction Services for the S-5A Repowering & Automation Project, to extend the term 595 days, from June 30, 2020 to February 15, 2022, in an amount not-to-exceed $5,000,000, for which $250,000 is budgeted, and the remainder is subject to Governing Board approval of future year budgets.

44. C-43 Reservoir Package 2 Pump Station S-476 Bypass Change Order (Staff contact, Alan Shirkey, ext. 2579) Agenda Item Background: As part of the Comprehensive Everglades Restoration Plan (CERP), the C-43 Reservoir project site in Hendry County covers approximately 10,000 acres. In March 2016, the Governing Board approved a construction contract for the C-43 Reservoir Pump Station S- 476 Project to construct an irrigation water supply pump station. This change order is needed to install a temporary pipeline and excavate a canal to connect the pump station to the existing irrigation canal system to continue water supply during construction. This change order will allow construction of the Package 4 Civil Works project to proceed more expeditiously while providing a more reliable water supply to surrounding landowners. Recommended Action: Resolution No. 2018 - 0924 Authorize Change Order Number 4 to Contract Number 4600003389 with Harry Pepper and Associates, Inc., for the construction of the C- 43 Reservoir Package 2 Pump Station S-476 Bypass, in the

14 Governing Board Meeting Agenda of the South Florida Water Management District – September 13, 2018

amount of $1,500,000 for which dedicated funds (Save Our Everglades Trust Fund) are budgeted.

45. General Public Comment

Staff Reports

46. Monthly Financial Report - Dorothy Bradshaw

47. General Counsel's Report - Brian Accardo

48. Executive Director's Report - Ernie Marks

49. Board Comment

50. Adjourn

Members of the public wishing to address the Governing Board on agenda items which require a vote are to complete a Public Comment Card and submit the card to the front desk attendant. You will be called by the Board Chairman or designee to speak. Governing Board policy limits comments from the public to 3 minutes unless otherwise determined by the Governing Board Chairman. Unless otherwise determined by the Chairman, Board action on Consent Agenda items moved to the discussion agenda will occur at or after 9:00 a.m. on Thursday.

15 Governing Board Meeting Agenda of the South Florida Water Management District – September 13, 2018

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Packet Pg. 16 12

M E M O R A N D U M

TO: Governing Board Members

FROM: Jill Creech, Director, Regulation

DATE: September 13, 2018

SUBJECT: Regulatory Consent Agenda (Staff contact, Jill Creech, ext. 6814)

Packet Pg. 17 12.a

CONSENT AGENDA TABLE OF CONTENTS REGULATORY ITEMS FOR GOVERNING BOARD ACTION September 13, 2018

PAGES I CONSERVATION EASEMENT AMENDMENTS AND RELEASES 4 PAGES II SEMINOLE TRIBE WORK PLANS 5 Attachment: ca_reg_rm_100sd(I) (4349 : Regulatory Consent Agenda (Staff contact, Jill Creech, ext. 6814))

Packet Pg. 18 12.a

REGULATION AGENDA ITEMS

PERMIT DENIAL: Those listed on the consent agenda are routine in nature and non-controversial. Such denials are typically due to failure of applicant to complete the application. Unique or controversial projects or those requiring a policy decision are normally listed as discussion items. Permit types include:

Environmental Resource (ERP): Permits that consider such factors as the storage of storm water to prevent flooding of a project (upstream or downstream projects); the treatment of stormwater prior to discharge from the site to remove pollutants; and the protection of wetlands on the project site.

Surface Water Management: Permits for drainage systems, which address flood protection, water quality, and environmental protection of wetlands.

Water Use: Permits for the use of ground and/or surface water from wells, canals, or lakes.

Lake Okeechobee Works of the District: Permits that set concentration limits for total phosphorus in surface discharge from individual parcels in the Lake Okeechobee Basin.

EAA Works of the District: Permits to reduce the total phosphorus load from the EAA by 25 percent in water discharged to Works of the District.

Wetland Resource: Permits for dredge and fill activities within Waters of the State and their associated wetlands.

ADMINISTRATIVE HEARING: A case in litigation conducted pursuant to the Administrative Procedures Act (Chapter 120, Florida Statutes) involving the determination of a suit upon its merits. Administrative hearings provide for a timely and cost effective dispute resolution forum for interested persons objecting to agency action.

FINAL ORDER: The Administrative Procedures Act requires the District to timely render a final order for an administrative hearing after the hearing officer submits a recommended order. The final order must be in writing and include findings of fact and conclusions of law.

CONSENT ORDER: A voluntary contractual agreement between the District and a party in dispute which legally binds the parties to the terms and conditions contained in the agreement. Normally used as a vehicle to outline the terms and conditions regarding settlement of an enforcement action.

CONSERVATION EASEMENT: A perpetual interest to the District in real property that retains land or water areas in their existing, natural, vegetative, hydrologic, scenic, open or wooded condition and retains such areas as suitable habitat for fish, plants, or wildlife in accordance with Section 704.06, F.S.

TECHNICAL DENIAL: This action normally takes place when a proposed project design does not meet water management criteria or the applicant does not supply information necessary to complete the technical review of an application.

EMERGENCY ORDER and AUTHORIZATION: An immediate final order issued without notice by the Executive Director, with the concurrence and advice of the Governing Board, pursuant to (Section

373.119(2), Florida Statutes, when a situation arises that requires timely action to protect the public health, Attachment: ca_reg_rm_100sd(I) (4349 : Regulatory Consent Agenda (Staff contact, Jill Creech, ext. 6814)) safety or welfare and other resources enumerated by rule and statute.

MEMORANDUM OF AGREEMENT/UNDERSTANDING: A contractual arrangement between the District and a named party or parties. This instrument typically is used to define or explain parameters of a long-term relationship and may establish certain procedures or joint operating decisions.

Packet Pg. 19 12.a

PETITION: An objection in writing to the District, requesting either a formal or an informal administrative hearing, regarding an agency action or a proposed agency action. Usually a petition filed pursuant to Chapter 120, Florida Statutes, challenges agency action, a permit, or a rule. Virtually all agency action is subject to petition by substantially affected persons.

SEMINOLE TRIBE WORK PLAN: The District and the Seminole Indians signed a Water Use Compact in 1987. Under the compact, annual work plans are submitted to the District for review and approval. This plan keeps the District informed about the tribe plans for use of their land and the natural resources. Although this is not a permit, the staff has water resource related input to this plan.

SITE CERTIFICATIONS: Certain types of projects (power plants, transmission lines, etc.) are permitted by the Governor and Cabinet under special one-stop permitting processes that supercede normal District permits. The Water Management Districts, DEP, DCA, FGFWFC, and other public agencies are mandatory participants. DEP usually coordinates these processes for the Governor and Cabinet.

VARIANCES FROM, OR WAIVERS OF, PERMIT CRITERIA: The Florida Administrative Procedures Act provides that persons subject to an agency rule may petition the agency for a variance from, or waiver of, a permitting rule. The Governing Board may grant a petition for variance or waiver when the petitioner demonstrates that 1) the purpose of the underlying statute will be or has been achieved by other means and, 2) when application of the rule would create a substantial hardship or would violate principles of fairness.

Attachment: ca_reg_rm_100sd(I) (4349 : Regulatory Consent Agenda (Staff contact, Jill Creech, ext. 6814))

Packet Pg. 20 CONSERVATION EASEMENT AMENDMENTS AND RELEASES 12.a ______1. PERMITTEE: LENNAR HOMES LLC PERMIT NO. 06-100428-P PROJECT: PALOMINO LAKE (AKA HORSHOE LAKE) APPLICATION NO. 180405-444

SEC 26 TWP 50S RGE 41E BROWARD COUNTY AGENDA ITEM BACKGROUND: BROWARD COUNTY LENNAR HOMES, LLC REQUESTS A FULL RELEASE OF 2.50 ACRES OF A CONSERVATION EASEMENT FOR A PROJECT KNOWN AS PALOMINO LAKE IN BROWARD COUNTY. MITIGATION IS PROVIDED THROUGH THE PURCHASE OF 2.70 MITIGATION BANK CREDITS.

RECOMMENDED ACTION: APPROVE A FULL RELEASE OF A CONSERVATION EASEMENT FOR A PROJECT KNOWN AS PALOMINO LAKE (APPLICATION NO. 180405-444, PERMIT NO. 06-05958-P).

______2. PERMITTEE: SEDONA OWNERS ASSOCIATION PHASE 1 PERMIT NO. 49-02512-P PROJECT: SEDONA SUBDIVISION APPLICATION NO. 180720-6

SEC 7 TWP 26S RGE 29E OSCEOLA COUNTY AGENDA ITEM BACKGROUND: OSCEOLA COUNTY SEDONA OWNERS ASSOCIATION PHASE 1 REQUESTS A PARTIAL RELEASE OF 0.05 ACRES, PART OF A 51.89 ACRE CONSERVATION EASEMENT. THE AREA TO BE RELEASED WAS RECORDED IN ERROR AND NO MITIGATION IS REQUIRED.

RECOMMENDED ACTION: APPROVE A PARTIAL RELEASE OF A RECORDED CONSERVATION EASEMENT FOR A PROJECT KNOWN AS SEDONA SUBDIVISION (PERMIT NO. 49-02512-P, APPLICATION NO. 180720-6).

______Attachment: ca_reg_rm_100sd(I) (4349 : Regulatory Consent Agenda (Staff contact, Jill Creech, ext. 6814))

4 Packet Pg. 21 12.a SEMINOLE TRIBE WORK PLANS

______1. SEMINOLE TRIBE - THIRTY SECOND ANNUAL WORK PLAN UNDER THIS WORK PLAN, THE FOLLOWING ACTIVITIES ARE PLANNED:

WORKS IN THE BRIGHTON RESERVATION 1. PROPOSAL FOR THE REPLACEMENT OF CULVERT HP-05 (S-284). THE TRIBE, IN CONJUNCTION WITH THE US ARMY CORPS OF ENGINEERS, WILL DEMOLISH AND REPLACE THE EXISTING HERBERT HOOVER DIKE CULVERT 5. THE PROJECT PROPOSES A NEW WATER CONTROL STRUCTURE BE CONSTRUCTED WITH EQUIVALENT HYDRAULIC CAPACITY TO THE EXISTING STRUCTURE. WORKS IN THE BIG CYPRESS RESERVATION 1. CONSTRUCTION OF AN ACCESS WAY ALONG THE DISTRICT'S RIGHT-OF-WAY ON NORTH WEST CANAL STREET, INTO A TRIBAL MEMBER'S HOMESITE.

WORKS IN THE HOLLYWOOD RESERVATION 1. CONSTRUCTION OF A NEW 40,000 S.F. FACILITY KNOWN AS THE BETTY MAE JUMPER MEDICAL COMPLEX, REPLACING AN EXISTING AGING MEDICAL FACILITY. WORK INCLUDES CONSTRUCTION OF 161 PARKING SPACES AND 2 STORM-WATER MANAGEMENT PONDS. 2. CONSTRUCTION OF A NEW 100,000 S.F. SEMINOLE GAMING WAREHOUSE AND SUPPORTING ACCESS WAY. 3. CONSTRUCTION OF A NEW 1.6-MILLION-GALLON POTABLE GROUND STORAGE TANK AND PUMP STATION THAT WILL OPERATE IN CONJUNCTION WITH AN EXISTING 1.5- MILLION-GALLON GROUND STORAGE TANK AT THE RESERVATION'S WATER TREATMENT PLANT. RECOMMENDED ACTION: CONCUR WITH THE THIRTY SECOND ANNUAL WORK PLAN FOR THE SEMINOLE TRIBE OF FLORIDA.

SEMINOLE TRIBE WORKPLANS AND AMENDMENTS (STAFF CONTACT, ARMANDO RAMIREZ, EXT. 6684)

______Attachment: ca_reg_rm_100sd(I) (4349 : Regulatory Consent Agenda (Staff contact, Jill Creech, ext. 6814))

5 Packet Pg. 22 13

M E M O R A N D U M

TO: Governing Board Members

FROM: Joel Arrieta, Division Director

DATE: September 13, 2018

SUBJECT: Right of Way Consent Agenda (Staff contact, Joel Arrieta, ext. 2867)

Packet Pg. 23 13.a

TABLE OF CONTENTS

RIGHT OF WAY OCCUPANCY CONSENT AGENDA FOR GOVERNING BOARD APPROVAL September 13, 2018

PAGES I RIGHT OF WAY OCCUPANCY PERMIT REQUESTS WITH WAIVER OF DISTRICT CRITERIA: Governing Board action is required on petitions received requesting a waiver of District criteria. 2-4 Section 120.542, F.S. and Rule 28-104.002, F.A.C., requires agencies to grant variances and waivers to their own rules when a person subject to the rules files a petition and demonstrates that he or she can achieve, or has achieved, the purpose of the underlying statute by other means and when application of rule would create a substantial hardship or would violate principles of fairness. A "substantial hardship" is defined as a demonstrated economic, technological, legal or other type of hardship to the person requesting the waiver. "Principles of fairness" are violated when the literal application of a rule affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule. A "waiver" is defined as an agency decision not to apply all or part of a rule to the person subject to the rule. II RELAXATION OF STANDARDS AS ALLOWED UNDER DISTRICT RULE 40E-6.011(9) F.A.C.: Governing Board reserves sole authority to make a determination that portions of the District's 5-6 rights of way are inaccessible for routine maintenance activities due to a variety of physical limitations. While a determination that a certain segment of right of way is presently unusable for routine land-based maintenance activities and relaxation of the restrictions in Zones 2, 3, 4 and 5 may be allowed, such determination shall be at the sole discretion of the District and does not obviate the need for individuals with proposed or existing facilities within these areas to obtain permits from the District. Further the District reserves the right to enter these areas to conduct emergency operations or to require the removal of any encroachments that are inconsistent with these rules at such time as maintenance access is perfected through the area.

Attachment: 2018_09_ROW_Attachment (4330 : Right of Way Consent Agenda (Staff contact, Joel Arrieta, ext. 2867))

Packet Pg. 24 13.a

RIGHT OF WAY OCCUPANCY PERMIT REQUESTS WITH WAIVER OF DISTRICT CRITERIA

Applicant: Florida Power and Light Company Standard Right of Way Occupancy Permit No. 15050 Aerial and Subaqueous Utility Project with Waiver of District Criteria to Allow Facilities within 40 Feet of Top of Bank

Florida Power and Light Company (Application Number 18-0420-5) requests issuance of a Standard Right of Way Occupancy Permit No. 15050 to authorize an aerial and subaqueous utility project within the north right of way of the Golden Gate Main Canal in Collier County. The project will replace an existing utility project in the same location. The project includes the removal and replacement of existing utility poles and the addition of new poles running parallel to the right of way line, a subaqueous directional bore underneath the canal and the attachment of aerial utility lines for the length of the 4,890-foot-long project. The aerial component of the project will be located approximately one (1) foot within the right of way, beginning immediately west of 31st Street S.W. and continuing east to 25th Street S.W. The north right of way is approximately 23 feet wide, as measured from top of bank, making it impossible for the applicant to comply with the required 40-foot setback. As a result, a waiver to allow the utility poles to be located within the right of way is required. No waivers are required for the subaqueous component of the project. Presently, there is an existing utility installation consisting of a 4,890-foot-long aerial line and 18 utility poles within the north right way which was authorized by Permit No. 9328 issued on June 13, 1996. The applicant is planning to remove the existing poles and to install a new aerial line of the same length; however, the new installation requires a total of 35 poles (a net increase of 17 poles within the right of way). The applicant’s request for waiver of the District’s criteria which govern the placement of permanent and/or semi-permanent above-ground structures within 40 feet of top of canal bank is based on “substantial hardship” for economic reasons. As noted earlier, the applicant is presently authorized for an aerial utility project in the same location as the proposed project. If the applicant was now required to comply with the setback, it would be obliged to relocate the parallel aerial lines and poles outside of the right of way, necessitating the acquisition of new easements either through voluntary sale by property owners or eminent domain. In addition, relocation of this portion of the project would trigger a redesign of other existing structures and powerlines into which this project will be integrated. Given that the location of the present facilities has not adversely impacted District operations and maintenance for the past 22 years, there are no anticipated adverse impacts that will result from approval of the waiver required for the new project in the same location.

The petition has been reviewed by the Office of Counsel for compliance with the applicable legal requirement. Pursuant to Section 120.542(6), F.S., notice of the petition was provided to the Department of State and was published in Volume 44, Number 139 of the Florida Administrative Register on July 18, 2018. No public comments were received.

Therefore, staff recommends approval of the issuance of Right of Way Occupancy Permit Attachment: 2018_09_ROW_Attachment (4330 : Right of Way Consent Agenda (Staff contact, Joel Arrieta, ext. 2867)) Number 15050 and approval of the petition for waiver of the District’s criteria which governs the placement of permanent/semi-permanent above-ground facilities within 40 feet of top of bank.

Packet Pg. 25 13.a

(Easement)

Attachment: 2018_09_ROW_Attachment (4330 : Right of Way Consent Agenda (Staff contact, Joel Arrieta, ext. 2867))

Packet Pg. 26 13.a

Applicant: R.J. Marina Holdings, LLC Standard Right of Way Occupancy Permit No. 15033 Existing Seawall with Concrete Base, Davits, Electrical Service, Safety Railing, Fence, Rip-Rap Bank Stabilization and Landscape Shrubs with Waiver of District Criteria to Allow Facilities within 40 Feet of Top of Bank

R.J. Marina Holdings, LLC, (Application Number 14-0505-1) requests issuance of a Standard Right of Way Occupancy Permit No. 15033 to authorize existing facilities consisting of a seawall with a concrete deck, three (3) davits, electrical service, safety railing, fence, rip-rap bank stabilization and landscape shrubs within the west right of way of the C-10 canal along property located at 70-90 South Bryan Road, Dania Beach, in Broward County. The project also includes the removal of invasive exotic trees and preservation of existing mangroves. The west right of way is approximately 25 feet wide at its widest point as measured from the top of bank, making it impossible for the applicant to comply with the required 40-foot setback. As a result, a waiver to allow the concrete base, davits, railing, fence and shrubs to remain within the right of way is required. No waivers are required for the seawall, electrical service and rip-rap bank stabilization.

Although the applicant’s name includes the word “marina”, the property is not really used for marina purposes. The property is actually used as a marine sales and service center with an ancillary lifeboat training facility along the canal which is used to train cruise ship personnel in the operation of lifeboats. The applicant’s request for a waiver is based upon substantial hardship as the lifeboat training facility is water dependent and must be adjacent to the canal bank to serve its intended purpose. Specifically, the concrete base, boat davits and electrical service are associated with the training facility. The fence, which encloses the training facility, is needed for security and the railing on top of the concrete deck along the water is necessary to provide a safety barrier. The existing landscaping consists of native shrubs and does not warrant removal as it does not adversely affect the canal. None of the above improvements in the right of way affect the District’s ability to access the canal because the overbank right of way is not wide enough for vehicular use (varies from 2 to 25 feet in width), and the District has no overbank access at this location. The applicant will be responsible for the perpetual maintenance of the canal bank which is stabilized by the existing seawalls and rip-rap. The existing facilities do not interfere with the District’s ability to perform necessary construction, alteration, operation and maintenance activities. To ensure the successful completion of the exotic tree removal work and restoration of the right way, the applicant has provided the District with a financial assurance. The applicant has also provided general liability insurance to the limits required by the District. The applicant’s petition for waiver has been reviewed by the Office of Counsel for compliance with applicable legal requirements. Pursuant to Section 120.542(6), F.S., notice of the petition was provided to the Department of State and was published in Volume 44, Number 125 of the Florida Administrative Register on June 27, 2018. No public comments were received.

Therefore, staff recommends approval of the issuance Right of Way Occupancy Permit Number 15033 and approval of the petition for waiver of the District’s criteria which governs the placement of permanent/semi-permanent above-ground facilities within 40 feet of top of canal bank. Attachment: 2018_09_ROW_Attachment (4330 : Right of Way Consent Agenda (Staff contact, Joel Arrieta, ext. 2867))

(Easement)

Packet Pg. 27 13.a

RELAXATION OF THE 40 FOOT SETBACK RULE AS ALLOWED UNDER DISTRICT RULE 40E-6.011(9) F.A.C.

RELAXATION SUMMARY

Canal C-15

Segment North Right of Way from Interstate 95 to 600 Feet East of Bryant Drive

General Location Palm Beach County between the Cities of Delray Beach and Boca Raton Width of Right of Way (as 10 feet, more or less measured from top of bank)

District Interest Fee

Recommendation It is the recommendation of the Operations and Maintenance staff that the Governing Board waive, for future Right of Way Occupancy Permit applications, the requirement contained in District Rules which specifies that an unencumbered 40 foot wide strip of right of way, as measured from the top of bank landward, is needed for the District to perform its routine operations and maintenance activities, for the north right of way of the C-15 Canal from Interstate 95 to 600 feet east of Bryant Drive. The C-15 Canal is located in Palm Beach County and serves as the dividing line between the City of Delray Beach on the north and the City of Boca Raton on the south. This relaxation will only affect right of way located within the City of Delray Beach, which is generally 10 feet wide, more or less, as measured from the top of bank.

Discussion This segment of the canal is included in the C-15 tree removal project. The area east of Bryant Drive was completed in Phase I and the clearing of the right of way west of Bryant Drive is currently underway as Phase 2. The District proposes to relax the 40 foot rule for the north right of way because the overbank, as measured from top of bank, is generally 10 feet wide (more or less) and is not wide enough to accommodate vehicles to perform maintenance. As a result, this right of way is inaccessible. To perform maintenance along this canal, the District performs water-based maintenance from the canal and is in the process of establishing a drivable right of way on the south side, which is much wider. Access along the south right of way, when completed, will substantially improve the District’s ability to perform routine maintenance activities along this canal segment. Once the tree removal project is completed, it is presumed that homeowners along the north right of way will want to install fences and other minor improvements that do not interfere with Attachment: 2018_09_ROW_Attachment (4330 : Right of Way Consent Agenda (Staff contact, Joel Arrieta, ext. 2867)) operations or maintenance of the canal. The relaxation is needed to accommodate the desires of the homeowners to which the District has no objection.

Packet Pg. 28 13.a

Enabling Authority

District Rule 40E-6.011(9), F.A.C., (Policy and Purpose): The District reserves sole authority to make a determination that portions of the District’s rights of way are inaccessible for routine maintenance activities due to a variety of physical limitations. While a determination that a certain segment of right of way is presently unusable for routine land- based maintenance activities and relaxation of the restrictions . . . may be allowed, such determination shall be at the sole discretion of the District and does not obviate the need for individuals with proposed or existing facilities within these areas to obtain permits from the District. Further, the District reserves the right to enter these areas to conduct emergency operations or to require the removal of any encroachments that are inconsistent with these rules at such time as maintenance access is perfected through the area. Attachment: 2018_09_ROW_Attachment (4330 : Right of Way Consent Agenda (Staff contact, Joel Arrieta, ext. 2867))

Packet Pg. 29 14

M E M O R A N D U M

TO: Governing Board Members

FROM: Stephen M. Collins, Director, Real Estate

DATE: September 13, 2018

SUBJECT: Release of Reservations (Staff contact, Stephen M. Collins, ext. 2959)

Agenda Item Background: The District has certain reserved rights to construct canal and road right of ways, and mineral rights, together with the right of ingress, egress and exploration. Applications requesting releases of these reservations are routinely received from landowners, attorneys, title companies and lending institutions, because the reservations represent clouds on title. Applications are reviewed by both District staff and local governmental agencies to determine that there is no present or future need for the reservations.

Staff Recommendation: Staff recommends approval of the following:

Additional Background: See Memorandum Exhibit “A” and map attached hereto and made a part hereof, which contain the details and location of the release and non-use commitment to be issued.

Core Mission and Strategic Priorities: Pursuant to Section 373.096 of the Florida Statutes, the Governing Board of the District may release any reservation for which it has no present or apparent use under terms and conditions determined by the Board.

Staff Contact and/or Presenter: Stephen M. Collins, [email protected], 561-682-2959

Packet Pg. 30 14

Packet Pg. 31 14

SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0901

A Resolution of the Governing Board of the South Florida Water Management District to release canal reservations, and issue a non-use commitment; providing an effective date.

WHEREAS, certain underlying landowners have requested that the South Florida Water Management District release certain canal reservations, and issue a non-use commitment; and

WHEREAS, the District is empowered to grant such release and non-use commitment pursuant to Section 373.096, Florida Statutes.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

Section 1. The Governing Board of the South Florida Water Management District hereby approves the release of canal reservations, and issue a non-use commitment, as described in Resolution Exhibit “A”, attached hereto and made a part hereof.

Section 2. This resolution shall take effect immediately upon adoption.

PASSED and ADOPTED this 13th day of September, 2018.

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

Packet Pg. 32 EXHIBIT "A" 14.a

18802 and NUC 1760, 3.66+/- acres

DISCLAIMER: 0 0.025 0.05 0.075 0.1 Miles Attachment: ca-re_Massey_Exhibit_A_Map_Release_of_Reservations (Resolution No. 2018 - 0901 : Release of Reservations (Staff contact, This map is a conceptual or planning tool only.The South South Florida Water Management District Florida Water Management District does not guarantee 3301 Gun Club Road, West Palm Beach, Florida 33406 or make any representation regarding the information 561-686-8800; www.sfwmd.gov contained herein. It is not self-executing or binding, and 5 0 0.045 0.09 0.135 Kilometers does not affect the interests of any persons or properties, including any present or future right or use of real property. Packet Pg. 33 ca-re_Massey_Exhibit_A_Map_Release_of_Reservations Map Produced on Date: 8/14/2018 12:20:34 PM 14.b

MEMORANDUM – EXHIBIT “A”

Palm Beach County File Nos.: 18802 and NUC 1760 Applicant: G.L. Homes of Palm Beach Associates, Ltd., a Florida limited partnership Reserving Deed: E-7012 (DB 929-169, 12/12/1950) Application Fee Paid: $250.00 Release Value: $3,109.30 (paid) Action: Release District canal reservations and issue non-use commitment for release value of District real property interests. Acres: 3.66 acres, more or less Legal Description: A portion of Tract 109, Block 45, THE PALM BEACH FARMS CO. PLAT NO. 3, PB 2-45, Section 18, Township 45 South, Range 42 East Location: Vacant land at State Road 7 and 87th Place South, Boynton Beach, Palm Beach County Reviewed By: Water Supply Development Section, Right of Way Section, Environmental Resource Permitting Bureau, Survey Section, Office of Everglades Policy, and Lake Worth Drainage District

Attachment: ca-re_Massey_Memo_Exhibit_A_Release_of_Reservations_sc_edits (Resolution No. 2018 - 0901 : Release of Reservations (Staff

1 Memorandum - Exhibit "A" Packet Pg. 34 14.c

RESOLUTION– EXHIBIT “A”

Palm Beach County File Nos.: 18802 and NUC 1760 Applicant: G.L. Homes of Palm Beach Associates, Ltd., a Florida limited partnership Reserving Deed: E-7012 (DB 929-169, 12/12/1950) Release Value: $3,109.30 (paid) Action: Release District canal reservations and issue non-use commitment for release value of District real property interests Acres: 3.66 acres, more or less Legal Description: A portion of Tract 109, Block 45, THE PALM BEACH FARMS CO. PLAT NO. 3, PB 2-45, Section 18, Township 45 South, Range 42 East Location: Vacant land at State Road 7 and 87th Place South, Boynton Beach, Palm Beach County

Attachment: ca-re_Massey_Resolution_Exhibit_A_Release_of_Reservations_sc_edits (Resolution No. 2018 - 0901 : Release of Reservations

1 Memorandum - Exhibit "A" Packet Pg. 35 15

M E M O R A N D U M

TO: Governing Board Members

FROM: Stephen M. Collins, Director, Real Estate

DATE: September 13, 2018

SUBJECT: Exchange of Fee Tracts Within C-43 (Staff contact, Stephen M. Collins, ext. 2959)

Agenda Item Background: The Applicant is requesting the District convey a fee owned spoil area within the C-43 project containing 24.75 acres, more or less, in exchange for a fee owned tract within the C-43 Project containing 24.75 acres, more or less, along with an access easement to the C-43 right of way containing 8.78 acres, more or less. Both parcels are located in Section 19, Township 43 South, Range 28 East, Hendry County. The Applicant will be developing this area with homes. See attached Exhibit “A” for a graphic depiction of the exchange parcels.

The exchange will be subject to the following terms, conditions and requirements: a. The underlying fee title owner shall convey to the District fee simple title and a perpetual access road easement in form, content and substance acceptable to the District, free and clear of all encumbrances, liens, and other objectionable matters. b. The Applicant shall provide to the District title assurance acceptable to the District confirming that the fee simple parcel and the perpetual access road easement to the C-43 are free and clear of all encumbrances, liens and other objectionable matters. c. Applicant shall provide confirmation satisfactory to the District that the proposed conveyances comply with all applicable governmental (County and City) subdivision and platting ordinances. d. Applicant will provide a legal description and sketch for each instrument, subject to District review and approval. e. The Applicant shall obtain all necessary permits and approvals from the District (including but not limited to Right of Way Occupancy Permits), Hendry County, and any other governmental entities, included, but not limited to, the US Army Corps of Engineers and pay all associated fees. There is no representation, guaranty or assurance made by the District that the District’s Governing Board will in fact approve the issuance of any required District permits, including but not limited to Right of Way Occupancy Permits, and there is no obligation on the part of the District’s Governing Board to approve the issuance of any required District permits, including but not limited to Right of Way Occupancy Permits. The District’s review process for any required permits, including but not limited to Right of Way Occupancy Permits, will be done separate, independent and unfettered of the fact that the District has approved this Resolution and shall be in accordance with the District’s applicable rules.

Packet Pg. 36 15

f. All of the foregoing terms, conditions, and requirements set forth in subparagraphs (a.) through (e.), inclusive, must be satisfied to the satisfaction of the District in its sole and absolute discretion no later than June 30, 2019. The applicant has paid the $1,000.00 non-refundable application fee. The exchange of the spoil area for the fee parcel along with the perpetual access road easement has been determined to be an even exchange; no appraisal will be completed. In no event shall the District be required to pay any compensation to the applicant or any fees of any type in this transaction.

Core Mission and Strategic Priorities: Consistent with the requirements of Section 373.089(6), Florida Statutes, the District hereby determines that the subject land interests are not needed for conservation purposes, and that this Resolution was approved by the Governing Board by at least two-thirds (2/3) vote and also pursuant to Section 373.089 of the Florida Statutes, may exchange lands or interests in land under terms and conditions determined by the Governing Board.

Staff Contact and/or Presenter: Stephen M. Collins, [email protected], 561-682-2959

Packet Pg. 37 15

SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0902

A Resolution of the Governing Board of the South Florida Water Management District to surplus a fee-owned parcel containing 24.75 acres, more or less, in exchange for a fee-owned parcel in the amount of 24.75 acres, more or less, along with an access road easement containing 8.78 acres, more or less, C-43 (Caloosahatchee Canal) Project, located in Section 19, Township 43 South, Range 28 East, in Hendry County, subject to satisfaction of certain terms, conditions and requirements; providing an effective date.

WHEREAS, the Applicant, U.S. Home Corporation, Inc., has requested the South Florida Water Management District surplus a fee-owned parcel in the C-43 Project, containing 24.75 acres, more or less, in exchange for a fee-owned parcel containing 24.75 acres, more or less, along with a perpetual access road easement in the amount of 8.78 acres, more or less. Both parcels are located in Section 19, Township 43 South, Range 28 East, in Hendry County; and

WHEREAS, upon the satisfaction of certain terms, conditions and requirements, the Governing Board has determined that the fee parcel to be conveyed is not required by the District for present or apparent future use; and

WHEREAS, it has been determined by District staff that the new fee parcel will provide better and more convenient access to the C-43 right of way; and

WHEREAS, the applicants have paid a $1,000.00 non-refundable application fee, and shall pay all fees and costs associated with this transaction, including but not limited to the obtaining of all necessary permits; and

WHEREAS, pursuant to Section 373.089(6), Florida Statutes, all lands acquired by the District prior to July, 1, 1999 shall be considered to have been acquired for conservation purposes, and the Governing Board shall be required to make a determination that the subject land interests are no longer needed for conservation purposes and approve the surplus of any such lands by at least a two-thirds (2/3) majority; and

WHEREAS, the Governing Board, pursuant to Section 373.089 of the Florida Statutes, may sell or exchange lands or interests in land under terms and conditions determined by the Governing Board.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

Section 1: The Governing Board of the South Florida Water Management District has determined that the District has no present or apparent future use for the subject fee-owned parcel and therefore hereby approves conveying approximately 24.75 acres, more or less in exchange for a fee-owned parcel containing 24.75 acres, more or less, along with a perpetual access road easement in the amount of 8.78 acres, provided all of the following terms, conditions, and requirements are satisfied to the satisfaction of the District, in its sole and absolute discretion:

a. The underlying fee title owner shall convey to the District fee simple title and a perpetual access

Packet Pg. 38 15

road easement in form, content and substance acceptable to the District, free and clear of all encumbrances, liens, and other objectionable matters.

b. The Applicant shall provide to the District title assurance acceptable to the District confirming that the fee simple parcel and the perpetual access road easement to the C-43 are free and clear of all encumbrances, liens and other objectionable matters.

c. Applicant shall provide confirmation satisfactory to the District that the proposed conveyances comply with all applicable governmental (County and City) subdivision and platting ordinances.

d. Applicant will provide a legal description and sketch for each instrument, subject to District review and approval.

e. The Applicant shall obtain all necessary permits and approvals from the District (including but not limited to Right of Way Occupancy Permits), Hendry County, and any other governmental entities, included, but not limited to, the U.S. Army Corps of Engineers and pay all associated fees. There is no representation, guaranty or assurance made by the District that the District’s Governing Board will in fact approve the issuance of any required District permits, including but not limited to Right of Way Occupancy Permits, and there is no obligation on the part of the District’s Governing Board to approve the issuance of any required District permits, including but not limited to Right of Way Occupancy Permits. The District’s review process for any required permits, including but not limited to Right of Way Occupancy Permits, will be done separate, independent and unfettered of the fact that the District has approved this Resolution and shall be in accordance with the District’s applicable rules.

Section 2: Consistent with the requirements of Section 373.089(6), Florida Statutes, the District hereby determines that the subject land interests are not needed for conservation purposes, and that this Resolution was approved by the Governing Board by at least two-thirds (2/3) vote.

Section 3: The Governing Board of the South Florida Water Management District hereby authorizes the Chairman to execute the conveyance document. No conveyance instrument shall be delivered to the Applicant, or shall be effective, until all of the foregoing requirements have been fully completed and fulfilled to the District’s satisfaction, and such conveyance has been recorded in the Public Records of Hendry County.

Section 4: This Resolution shall take effect immediately upon adoption.

PASSED and ADOPTED this 13th day of September, 2018.

Packet Pg. 39 15

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

Packet Pg. 40 15.a

34100-083

34100-082

US Home Corporation and District Exchange DISCLAIMER: 0 0.065 0.13 0.195 0.26 Miles This m ap is a conceptual or planning tool only.The South South Florida Water Management District Florida Water Ma nagement D istrict does not guarantee 3301 Gun Club Road, West Palm Beach, Florida 33406 or make any rep resentation re garding the informatio n

561-686-8800; www.sfwmd.gov contained he rein. It is no t self-executing or binding, an d Attachment: ca-re_Massey_Map_ExchangeofFeeTracts_C-43_USHomeCorp (Resolution No. 2018 - 0902 : 0 0.1 0.2 0.3 Kilometers does n ot affect the in terests of any persons or p roperties, 5 including any p resent or future rig ht or use of real property. Packet Pg. 41 ca-re_Massey_Map_ExchangeofFeeTracts_C-43_USHomeCorp Map P roduc ed on Date: 8/7/2018 3:38:26 PM Geospatial S er vices 16

M E M O R A N D U M

TO: Governing Board Members

FROM: Stephen M. Collins, Director, Real Estate

DATE: September 13, 2018

SUBJECT: Funding Request to reimburse the District for Tract SG100-125 in Picayune Strand Restoration Project

Agenda Item Background: The District agreed to a mediated settlement in the amount of $75,000.00 in the eminent domain case to acquire Tract SG100-125, containing 5.11 acres, more or less, in the Picayune Strand Restoration Project, Belle Meade Component. The District will request reimbursement of a portion of the settlement costs from the Florida Forever Trust Fund ($15,165.63) and the balance was funded from the Land Acquisition Trust Fund and the Save Our Everglades Trust Fund. As a requirement of Section 373.139(3)(c), Florida Statutes, the District must adopt a resolution to the Department of Environmental Protection formally requesting monies from the Florida Forever trust fund. The resolution must state that the lands being acquired are in a project listed in the District’s Florida Forever Work Plan and list the project’s benefits per the work plan and Section 259.105(4), Florida Statutes.

Core Mission and Strategic Priorities: The Picayune Strand Restoration Project will restore freshwater wetlands, improve estuarine water quality by increasing groundwater recharge, reduce large and unnatural freshwater inflows, and restore and enhance habitat for fish and wildlife, including threatened and endangered species. The Project is a Comprehensive Everglades Restoration Project and is included in the District’s Five-Year Plan of Acquisition.

Funding Source: The reimbursement of a portion of the funds expended for the mediated settlement will be funded from the Florida Forever Trust Fund, the Land Acquisition Trust Fund, and the Save Our Everglades Trust Fund.

Staff Contact and/or Presenter: Stephen M. Collins, [email protected], 561-682-2959

Packet Pg. 42 16

SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0903

A Resolution of the Governing Board of the South Florida Water Management District requesting the release of funds in the amount of $15,165.63 from the Florida Forever Trust Fund, for reimbursement of acquisition costs for land interests in 5.11 acres, more or less, Tract SG100-125, Picayune Strand Restoration Project, Belle Meade Component, Collier County; providing an effective date.

WHEREAS, the Picayune Strand Restoration Project (“Project”) is a Comprehensive Everglades Restoration Plan (“CERP”) project, which was authorized by Section 1001(15) of the Water Resources Development Act of 2007, Public Law 110-114; and

WHEREAS, the South Florida Water Management District (“District”), as local sponsor for the U.S. Army Corps of Engineers, has an active program underway to acquire land interests in the Belle Meade Component of the Project; and

WHEREAS, pursuant to Section 373.139(3)(c) Florida Statutes, the District is required to submit a resolution to the Department of Environmental Protection when requesting funds from a trust fund, including the Florida Forever Trust Fund and the Land Acquisition Trust Fund.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

(1) It does hereby advise the Secretary of the Department of Environmental Protection of its intent to request reimbursement funds needed for a portion of the mediated settlement costs from an eminent domain case for fee simple title to 5.11 acres, more or less, of land in Collier County, Picayune Strand Restoration Project, Belle Meade Component (the "Project"), Tract SG100-125, depicted on Exhibit “A” attached hereto and made a part hereof.

(2) The mediated settlement for the cost of the land was $75.000.00, and the balance will be partially funded with $15,165.63 from the Florida Forever Trust Fund, and from the Land Acquisition Trust Fund and the Save Our Everglades Trust Fund.

(3) The acquired lands have been reviewed for the presence of State Sovereignty submerged lands and the District has taken reasonable measures to avoid paying for sovereignty lands.

(4) This request for funds is consistent with the District's Five-Year Plan of acquisition or the South Florida Water Management District Florida Forever Work Plan, as contained in Chapter 6A, Volume II of the South Florida Environmental Report, updated on February 8, 2018, which has been filed with the Legislature and the Department of Environmental Protection, and is consistent with Sections 373.139 and 373.470, Florida Statutes, as applicable.

(5) Acquisition of this land furthers the following Florida Forever goals set forth in Section 259.105(4) Florida Statutes:

Packet Pg. 43 16

(a) Enhance the coordination and completion of land acquisition projects as measured by: 3. The number of shared acquisition projects among Florida Forever funding partners and partners with other funding sources including local governments and the federal government.

(c) Protect, restore and maintain the quality and natural functions of land, water and wetland systems of the state, as measured by: 1. The number of acres publicly owned land identified as needing restoration, acres undergoing restoration, enhancement and management, acres with restoration activities completed, and acres managed to maintain such restored or enhanced conditions; the number of acres which represent actual or potential imperiled species habitat; the number of acres which are available pursuant to a management plan to restore, enhance, repopulate, and manage imperiled species habitat; and the number of acres of imperiled species habitat managed, restored, enhanced, repopulated, or acquired; 4. The number of acres acquired that protect natural floodplain functions; 6. The number of acres identified for acquisition to minimize damage from flooding and the percentage of those acres acquired.

(d) Ensure that sufficient quantities of water are available to meet the current and future needs of natural systems and the citizens of the state, as measured by: 2. The quantity of water made available through the water resource development component of a district water supply plan for which a water management district is responsible.

(e) Increase natural resource-based public recreational and educational opportunities, as measured by: 1. The number of acres acquired that are available for natural resource-based public recreation or education; 2. The miles of trails that are available for public recreation, giving priority to those that provide significant connections including those that will assist in completing the Florida National Scenic Trail; and 3. The number of new resource-based recreation facilities, by type, made available on public land.

(6) The funds requested shall be used only for the acquisition costs and associated costs incurred during the process of acquiring the described land interests.

(7) The land interests acquired shall be maintained in an environmentally acceptable manner.

(8) Should the District dispose of any or all of the interests acquired hereunder, all revenues derived therefrom will be used to acquire other lands for water management, water supply and the conservation and protection of water resources, within the boundaries of a CERP project.

(9) A Phase 1 environmental assessment was conducted prior to the acquisition of the described land interests. Any environmental concerns discovered shall be remediated, as necessary, and any risks will be borne by the District.

Packet Pg. 44 16

(10) The lands shall be managed for multiple-use purposes, including recreational uses, where compatible with the resource values of and management objectives for such lands as set forth in Section 259.105(5), Florida Statutes.

(11) The Executive Director, or designee, is hereby authorized to request the release of funds for all acquisition costs, associated costs and expenses for the land interests identified in this resolution.

(12) The resolution to approve the acquisition of these land interests was approved by the Governing Board of the District on August 13, 2015.

(13) The District will utilize funds from the Florida Forever Trust Fund, and the Land Acquisition Trust Fund.

(14) This resolution shall take effect immediately upon adoption.

PASSED and ADOPTED this 13th day of September, 2018.

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

Packet Pg. 45 16.a Attachment: ca-re_Zehnder_Exhibit_A_Map_DEP_Funding_SG100-125 (Resolution No. 2018 - 0903 : Funding Request to reimburse the District ca-re_Zehnder_Exhibit_A_Map_DEP_Funding_SG100-125

Packet Pg. 46 M E M O R A N D U M

TO: Governing Board Members

FROM: Stephen M. Collins, Director, Real Estate

DATE: September 13, 2018

SUBJECT: Orange County Land Acquisition, Shingle Creek Project, Tract 26103-211 (Staff contact, Stephen M.

Agenda Item Background: The District is currently acquiring land from willing sellers for the Shingle Creek Project in Orange County. Tract No. 26103-211, owned by Bustos, LLC, contains 2.47 acres, more or less, and the purchase price is $69,160. The District’s ownership within the Shingle Creek Project is currently configured in a scattered pattern. The acquisition will consolidate ownership with other District-owned lands.

Core Mission and Strategic Priorities: This proposed acquisition of 2.47 acres of privately-owned land within the Shingle Creek Project allows the District to achieve a more unified ownership consistent with its environmental goals and enhances the efficiency of land management activities carried out by the Land Stewardship Section.

Funding Source: The acquisition of this tract is from a willing seller. The purchase price of $69,160 is under the appraised value of $86,500. The closing costs will be paid by the seller. All costs, including acquisition and associated costs, were or will be funded from the District’s Wetland Mitigation Fund.

Staff Contact and/or Presenter: Stephen M. Collins, [email protected], 561-682-2959

Packet Pg. 47 SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0904

A Resolution of the Governing Board of the South Florida Water Management District to acquire land interests containing 2.47 acres, more or less, in the amount of $69,160, located in the Shingle Creek Project Area in Orange County; providing an effective date.

WHEREAS, the South Florida Water Management District is currently acquiring land from willing sellers in connection with the implementation of the Shingle Creek Project in Orange County; and

WHEREAS, the South Florida Water Management District desires to purchase land interests containing 2.47 acres, more or less, for the Shingle Creek Project, in Orange County, and as shown on the location map titled Exhibit “A”, attached hereto and made a part hereof, in the amount of $69,160, and declare surplus, disposal of, and removal from the asset records, any such structures and improvements deemed unnecessary for the stated purpose for the original land acquisition; and

WHEREAS, all costs are to be funded from the District’s Wetland Mitigation Fund for the acquisition and associated costs; and

WHEREAS, the South Florida Water Management District is authorized to acquire land, or interests or rights in land, pursuant to Section 373.139, Florida Statutes.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

Section 1. The Governing Board of the South Florida Water Management District hereby approves the purchase of land interests, containing 2.47 acres, more or less, in Orange County, Shingle Creek Project, in the amount of $69,160, together with associated costs, for which dedicated funds (Wetland Mitigation Fund) have been budgeted as follows:

Owner Tract Nos. Interest Acres Appraised Purchase Price Value Bustos, LLC 26103-211 Fee 2.47 $86,500 $69,160

Amount Fund Fund Functional GL Account Center Area Account # Description $ 69,160 409025 3510144000 AA05 580020 Acquisition

Packet Pg. 48

Section 2. The Governing Board of the South Florida Water Management District hereby further approves declaring surplus, disposal of and removal from the asset records, any such structures and improvements deemed unnecessary for the stated purpose of the original land acquisition.

Section 3. The Governing Board of the South Florida Water Management District hereby authorizes the Chairman or Vice Chairman to execute the Agreement for Sale and Purchase instrument. The Governing Board of the South Florida Water Management District hereby authorizes the Executive Director or the Executive Director’s designee to make any determinations in connection with the transaction and execute all other documents necessary to consummate this transaction.

Section 4. This resolution shall take effect immediately upon adoption.

PASSED and ADOPTED this 13th day of September, 2018.

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

Packet Pg. 49

EXHIBIT "A" Shingle Creek Project a Orange County

WINTER GARDEN OAKLAND ORLANDO WINTEROCOEE GARDENWINTEROCOEEOCOEE Orange GARDEN CLERMONT ORLANDOORLANDO WINDERMERE EDGEWOOD CLERMONT UVTPK BELLE ORLANDO ISLE INTERNATIONAL DR S Lake OIA 441 LAKES BAY LAKE ¤£

LAKE BAY LAKE BUENA Site 26103-211 VISTA ¤£17 2.47 Acres ± ¤£192 FELLS COVE KISSIMMEE

EAST LAKE ¨¦§4 TOHOPEKALIGA KISSIMMEE ST. Sec. 25 CLOUD ¤£27 ¤£92 ST. Twp. 24S., Rge. 28E. Osceola ST.CLOUD CLOUD Polk MA ST. AL LAKE CLOUD P R TARRAGONA DR TOHOPEKALIGA S D O TA HAINESLocation CITY Map L IS P 5 V A L O SEVILLE M ISLE CT A TORTUGA DR D A R INTERNATIONAL DR S R OR R D FL D CAMINO TA A IS REAL CT

D V

SANTA ANA DR

VASONIA CT INTERNATIONAL DRINTERNATIONAL SAN MARCO CT SABRADO DR VISTA BLVD HUNTERS R SOLIMARTIN D DR A R Y M K BELLA O MAR O ISLE DR BR E S RD T R LO Y D R C INTERNATIONAL DRINTERNATIONAL O RTO YAMATO LA E C J R A L DR A CT B B L JETTON

A O DR BRISTOW CT

D R L N TOWN C NTER ENTER N CE BLVD BL LAURELTON VD DR WESTSHIRE DR W RAINTREETO RIDGE RD

CORVETA CT «¬417 ARBOR

LE CHALE DR

R FOREST WAY N D AR

O E T PACE'S P R MILL DR T S D

BUENA S T

A K IN E O VISTA PKY E C IMPORTANT DISCLAIMER: P R R Legend K O

C D D HUNTERS ISLE DR Attachment: ca-re_Hall_Exhibit_A_Map_OrangeCountyLandAcq_ShingleCreek_Tract26103-211

K This map is a conceptual or planning tool only. CHELWYN CT 0 500 1,000D Feet A A The South Florida Water Management District Proposed Acquisition R O

B does not guarantee or make any representation regarding the information contained herein. It is

DR CT Acquired - Fee CHESNEY not self-executing or binding,KI andAW doesA not affect 0 0.1 0.2Kilometers OC the interests of any persons or properties,I TincludingA 5 any present or future right or use of real property.DR Packet Pg. 50 User Name: rschaff Remedy: 77891 Map Produced: 7/30/2018 7:23:22 AM Doc. Path: I:\maps\proj\shingle\am\GB_Tracts 26103-211.mxd ca-re_Hall_Exhibit_A_Map_OrangeCountyLandAcq_ShingleCreek_Tract26103-211 M E M O R A N D U M

TO: Governing Board Members

FROM: Stephen M. Collins, Director, Real Estate

DATE: September 13, 2018

SUBJECT: Orange County Land Acquisition, Shingle Creek Project, Tract No. 26104-018 (Staff contact, Stephen

Agenda Item Background: The District is currently acquiring land from willing sellers for the Shingle Creek Project in Orange County. Tract No. 26104-018, owned by Mr. Omar Martinez, contains 1.38 acres, more or less, and the purchase price is $38,640. The District’s ownership within the Shingle Creek Project is currently configured in a scattered pattern. The acquisition will consolidate ownership with other District-owned lands.

Core Mission and Strategic Priorities: This proposed acquisition of 1.38 acres of privately-owned land within the Shingle Creek Project allows the District to achieve a more unified ownership consistent with its environmental goals, and enhances the efficiency of land management activities carried out by the Land Stewardship Section.

Funding Source: The acquisition of this tract is from a willing seller. The purchase price of $38,640 is under the appraised value of $48,500. The closing costs will be paid by the seller. All costs, including acquisition and associated costs, were or will be funded from the District’s Wetland Mitigation Fund.

Staff Contact and/or Presenter: Stephen M. Collins, [email protected], 561-682-2959

Packet Pg. 51 SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0905

A Resolution of the Governing Board of the South Florida Water Management District to acquire land interests containing 1.38 acres, more or less, in the amount of $38,640, located in the Shingle Creek Project Area in Orange County; providing an effective date.

WHEREAS, the South Florida Water Management District is currently acquiring land from willing sellers in connection with the implementation of the Shingle Creek Project in Orange County; and

WHEREAS, the South Florida Water Management District desires to purchase land interests containing 1.38 acres, more or less, for the Shingle Creek Project, in Orange County, and as shown on the location map titled Exhibit “A”, attached hereto and made a part hereof, in the amount of $38,640, and declare surplus, disposal of, and removal from the asset records, any such structures and improvements deemed unnecessary for the stated purpose for the original land acquisition; and

WHEREAS, all costs are to be funded from the District’s Wetland Mitigation Fund for the acquisition and associated costs; and

WHEREAS, the South Florida Water Management District is authorized to acquire land, or interests or rights in land, pursuant to Section 373.139, Florida Statutes.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

Section 1. The Governing Board of the South Florida Water Management District hereby approves the purchase of land interests, containing 1.38 acres, more or less, in Orange County, Shingle Creek Project, in the amount of $38,640, together with associated costs, for which dedicated funds (Wetland Mitigation Fund) have been budgeted as follows:

Owner Tract Nos. Interest Acres Appraised Purchase Value Price Omar Martinez 26104-018 Fee 1.38 $48,500 $38,640

Amount Fund Fund Functional GL Account Center Area Account # Description $ 38,640 409025 351014400 AA05 580020 Acquisition 0

Packet Pg. 52 Section 3. The Governing Board of the South Florida Water Management District hereby authorizes the Chairman or Vice Chairman to execute the Agreement for Sale and Purchase instrument. The Governing Board of the South Florida Water Management District hereby authorizes the Executive Director or the Executive Director’s designee to make any determinations in connection with the transaction and execute all other documents necessary to consummate this transaction.

Section 4. This resolution shall take effect immediately upon adoption.

PASSED and ADOPTED this 13th day of September, 2018.

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

Packet Pg. 53 EXHIBIT "A" Shingle Creek Project a Orange County

LAKE BAY LAKE BUENA Site VISTA ¤£17 ¤£192 FELLS COVE KISSIMMEE

EAST LAKE §¨¦4 TOHOPEKALIGA KISSIMMEE ST. Sec. 25 CLOUD ¤£27 ST. Twp. 24S., Rge. 28E. ¤£92 Osceola ST.CLOUD CLOUD Polk MA ST. AL LAKE CLOUD P R TARRAGONA DR TOHOPEKALIGA S D O TA HAINESLocation CITY Map L IS P 5 V A L O SEVILLE M ISLE CT A TORTUGA DR D A R INTERNATIONAL DR S OR R HUNTERS FL D CAMINO TA BLVD S REAL CT VISTA VI

26104-018 ENTRADA DR 1.38 Acres ±

INTERNATIONAL DR INTERNATIONAL SAN MARCO CT

R D

DR A R Y

ALAVISTA M K BELLA O MAR O ISLE DR ISLAMORADA DR BR E S RD T R LO Y D R C INTERNATIONAL DR INTERNATIONAL ORTO YAMATO LA E C J R A L DR A CT B B L JETTON

A O DR BRISTOW CT

D R L N TOWN C NTER ENTER N CE BLVD BL LAURELTON VD DR WESTSHIRE DR W RAINTREETO RIDGE RD

CORVETA CT «¬417 ARBOR

LE CHALE DR

R FOREST WAY N D AR

O E T PACE'S P R MILL DR T S D

BUENA S T

A K IN E O VISTA PKY E C IMPORTANT DISCLAIMER: P R R Legend K O

C D D HUNTERS ISLE DR Attachment: ca-re_Hall_Exhibit_A_Map_OrangeCountyLandAcq_ShingleCreek_Tract26104-018

K This map is a conceptual or planning tool only. CHELWYN CT 0 500 1,000D Feet A A The South Florida Water Management District Proposed Acquisition R O

B does not guarantee or make any representation regarding the information contained herein. It is

DR CT Acquired - Fee CHESNEY not self-executing or binding,KI andAW doesA not affect 0 0.1 0.2Kilometers OC the interests of any persons or properties,I TincludingA 5 any present or future right or use of real property.DR Packet Pg. 54 User Name: rschaff Remedy: 77891 Map Produced: 7/30/2018 7:26:36 AM Doc. Path: I:\maps\proj\shingle\am\GB_Tracts 26104-018.mxd ca-re_Hall_Exhibit_A_Map_OrangeCountyLandAcq_ShingleCreek_Tract26104-018 18

M E M O R A N D U M

TO: Governing Board Members

FROM: Stephen M. Collins, Director, Real Estate

DATE: September 13, 2018

SUBJECT: Row Crop Lease with the North-South Institute (Staff contact, Stephen M. Collins, ext. 2959)

Agenda Item Background: The District acquired property in Miami-Dade County as part of the C-111 South Dade Project. The property was acquired as buffer lands for the C-111 project, and row crop farming is an effective land management tool in controlling exotic vegetation.

The District desires to lease 37.10 acres identified as Parcels “B” and “I” (Exhibits “A” and “B”) for row crops. The revenue generated from this lease will assist in managing this and other District-owned Interim and Restoration lands.

A Request for Bid 6000000907 for row crop leases with a 5-year term for the subject lands was issued on July 5, 2018. The highest bid was submitted by the North-South Institute for Parcels “B” and “I” in the initial annual amount of $9,200.00.

Core Mission and Strategic Priorities: The objective of this lease is to obtain assistance in the stewardship and maintenance of this land by utilizing row crops as a land management tool and provide revenue for the maintenance and management of District lands.

The revenues generated from this lease will assist in managing this and other District- owned Interim and Restoration lands.

Funding Source: There are no District costs associated with this item other than the cost of administering the lease. This lease is estimated to bring in $46,000.00 of net revenue to the District during the 5-year term.

Staff Contact and/or Presenter: Stephen M. Collins, [email protected], 561-682-2959

Packet Pg. 55 18

SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0906

A Resolution of the Governing Board of the South Florida Water Management District to issue a 5-year row crop lease of 37.10 acres in Miami-Dade County with the North-South Institute as more particularly described herein; providing an effective date. (Contract No. 4600003882)

WHEREAS, the Governing Board, pursuant to Section 373.093 of the Florida Statutes, may lease lands or interests in land under terms and conditions determined by the Governing Board; and

WHEREAS, the District and the Lessee desire to enter into a Lease Agreement on the premises for a 5-year term; and

WHEREAS, the Lessee’s main use of the Premises will be row crops, which will assist in the stewardship and maintenance of the property by controlling invasive vegetation; and

WHEREAS, the Governing Board of the South Florida Water Management District deems it appropriate and in the public interest to approve the lease contract listed above to the North-South Institute as the highest responsive and responsible bidder to solicitation 6000000970 for a new 5-year agricultural row crop lease on approximately 37.10 acres for Parcel “B” (Exhibit “A”) and “I” (Exhibit “B”) in Miami-Dade County (the “premises”) with first year anticipated revenue in the amount of $9,200.00.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

Section 1. The Governing Board of the South Florida Water Management District hereby approves entering into Contract No. 4600003882 with the North-South Institute for a 5-year row crop lease on approximately 37.10 acres in Miami-Dade County.

Section 2. This resolution shall take effect immediately upon adoption.

PASSED and ADOPTED this 13th day of September, 2018

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SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

Packet Pg. 57 18.a Acc eRoad ss ¨¦§595 75 P arc e"B" l BROWARD ¨¦§ ¨¦§95 RICHMOND DR Big Cypress National Preserve

¤£441 S357 INFLOW ¤£27 ¨¦§195 WATERCONS ERVATIONAREA ¨¦§395 ¤£41 «¬826 Location

MIAMI-DADE

Biscayne National

SW 207TH AVE 207TH SW Park Everglade s National P ark ¤£1 Everglades National Park MONROE P arc e"B" l 32.56 Acre 32.56 ± s

NDA INFLOW

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Section 33 Township 55 South SW 176TH ST Range 38 East Section 35 Township 55 South Section 34 Range 38 East Township 55 South Range 38 East

H T SW 180TH ST 8 Legend 0 2 E W V AVE 199TH SW LeaseIntere st S A

BASECREDITS: IMP ORTANTDISCLAIMER: • Base• map from South Florida Water Mgm FebruaryDistrict, t. 2017 Thismap conca is e ptualor planning tool only.The South • StatePlane• Projec tion,Florida ZoneEast NAD 83-HARN, , US fe e t ROWCROP LEASES Parc e"B" l 0 290 580 Fee t FloridaWater Manage m eDistrict ntdoe notguarantee s or • MiamiDade• _ 2016_3IN_9INAerial m akeany re pre sentationre gard ingtheinform ationcontaine d S e c tion34 henotisself-exec reIt in. utingor bind ing,and doe notaffe s c t theintere ofany sts pe rsonsor prope inc rties, ludingany South Florida Water Management District TownshipSouth,55 Range East,38 0 100 200 Me ters pre sentor future right or useof re prope al rty.

3301 Gun Club Rd, West Palm Beach, FL 33406 Attachment: ca-re_Arias_Exhibit_A_Map_Issue_5-year_row_crop_lease_37.10acres_Miami-Dade (Resolution No. 2018 - 0906 : Row Crop Lease (561) 686-8800; www.sfwmd.gov Miami-DadeCounty , 5 Map Date: June 2018

UserName rschaff : Rem e d yTicke__ _ _t: _ MapProd ucePM d3:07:48 on 6/21/2018 Date: Doc ume\\ad.sfwmdPatH: nt .gov\d fsroot\d ata\aa_gis\arc _ d ata\m aps\Leasing\am\ROWCROP LEASES Parc eB.mxd l Packet Pg. 58 ca-re_Arias_Exhibit_A_Map_Issue_5-year_row_crop_lease_37.10acres_Miami-Dade ca-re_Arias_Exhibit_B_Map_Issue_5-year_row_crop_lease_37.10acres_Miami-Dade

Acc ePoint ss ¨¦§595 75 P arc e"I" l BROWARD ¨¦§ ¨¦§95 RICHMOND DR Big Cypress National Preserve

( 4 . 5 4 A cres ±) C-357 £441 r l arc e P "I" ¤ S357 INFLOW ¤£27 ¨¦§195 WATERCONS ERVATIONAREA ¨¦§395 ¤£41 «¬826 Location

MIAMI-DADE

Biscayne National

SW 207TH AVE 207TH SW Park Everglade s National P ark ¤£1 Everglades National Park MONROE P arc e"I" l 4.54 Acre 4.54 ± s

NDA INFLOW

L-31N SW 205TH AVE 205TH SW

Levee31-N RightofWay RD RICHARD

Section 33 Township 55 South SW 176TH ST Range 38 East Section 35 Township 55 South Section 34 Range 38 East Township 55 South Range 38 East

H T SW 180TH ST 8 Legend 0 2 E W V AVE 199TH SW LeaseIntere st S A

BASECREDITS: IMP ORTANTDISCLAIMER:

Packet Pg. 59 Base• map from South Florida Water Mgm FebruaryDistrict, t. 2017 Thismap conca is e ptualor planning tool only.The South • StatePlane• Projec tion,Florida ZoneEast NAD 83-HARN, , US fe e t ROWCROP LEASES Parc e"I" l 0 300 600 Fee t FloridaWater Manage m eDistrict ntdoe notguarantee s or • MiamiDade• _ 2016_3IN_9INAerial m akeany re pre sentationre gard ingtheinform ationcontaine d S e c tion34 henotisself-exec reIt in. utingor bind ing,and doe notaffe s c t theintere ofany sts pe rsonsor prope inc rties, ludingany South Florida Water Management District TownshipSouth,55 Range East,38 0 100 200 Me ters pre sentor future right or useof re prope al rty. 3301 Gun Club Rd, West Palm Beach, FL 33406 18.b (561) 686-8800; www.sfwmd.gov Miami-DadeCounty , 5 Map Date: June 2018

UserName rschaff : Attachment:Rem e d yTicke__ _ _t: ca-re_Arias_Exhibit_B_Map_Issue_5-year_row_crop_lease_37.10acres_Miami-Dade _ MapProd ucePM d3:11:07 on 6/21/2018 Date: (Resolution No. 2018 - 0906 : Row Crop Lease with the North-SouthDoc ume\\ad.sfwmdPatH: nt Institute .gov\d fsroot\d ata\aa_gis\arc (Staff _ d ata\m aps\Leasing\am\ROW contact,CROP StephenLEASES Parc ei.mxd l M. Collins, ext. 2959)) 19

M E M O R A N D U M

TO: Governing Board Members

FROM: Stephen M. Collins, Director, Real Estate

DATE: September 13, 2018

SUBJECT: Funding Disclosure Document for U.S. Department of the Interior Grant Funding Restriction

Agenda Item Background: The District entered into a lease agreement in 2006 (amended in 2009 and 2010) to allow aggregate mining on District-owned property located in the North Lake Belt project area identified as Tracts W9301-912, W9311-924, W9311-929, W9311-934, and W9311-935 containing approximately 198.08 acres. The transfer of a U.S. Department of the Interior (DOI) grant funding restriction was undertaken to allow the District to lease the property for mining activities. To complete the transfer of the restriction to other District-owned lands, the District followed the process enumerated in the grant agreement and identified replacement property onto which the restriction would be transferred. The properties, identified as GZ300-013 and GZ300-015, which contain approximately 638.9 acres, are located within the Biscayne Bay Coastal Wetlands project area. The DOI approved the transfer of the restriction to the replacement lands on June 24, 2011. The DOI is now prepared to execute a Quit Claim Deed to release the grant funding restriction from the North Lake Belt tracts at the same time the District will record the Funding Disclosure restricting the District’s Biscayne Bay Coastal Wetlands tracts. The recording of these documents will complete the restriction transfer.

Core Mission and Strategic Priorities: By approving this item, the Governing Board determines that the terms and conditions of the federal grant agreement are consistent with the Project purposes of expanding and improving natural lands water storage and provide more options for water quality improvements, and the District’s present or future use of the Biscayne Bay Coastal Wetlands property is not adversely affected by the Federal grant funding restriction.

Funding Source: No financial impact.

Staff Contact and/or Presenter: Stephen M. Collins, [email protected], 561-682-2959

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SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0907

A Resolution of the Governing Board of the South Florida Water Management District, authorizing the transfer of a U.S. Department of the Interior federal grant funding restriction from lands in the North Lake Belt Mining area to lands in the Biscayne Bay Coastal Wetlands area, all in Miami-Dade County; providing an effective date.

WHEREAS, the U.S. Department of the Interior (DOI) has approved the release of a federal grant restriction on 198.08 acres, more or less, located within the North Lake Belt Mining area, owned by the South Florida Water Management District, Tracts W9301-912, W9311-924, W9311-929, W9311-934, W9311-935, which allowed the District to lease the said land interest for mining; and

WHEREAS, pursuant to the pertinent federal grant agreement, the District has presented the DOI with suitable replacement property containing 638.9 acres located within the Biscayne Bay Coastal Wetlands project, Tracts GZ300-013 and GZ300-015, for replacement of the federal grant funding restriction; and

WHEREAS, the Governing Board, pursuant to Section 373.056(4), Florida Statutes, has the authority to convey to any governmental entity or to the United States Government, land or rights in land owned by the District, under terms and conditions determined by the Governing Board; and

WHEREAS, the terms and conditions of the federal grant agreement are consistent with the Project purposes of expanding and improving natural lands water storage and provide more options for water quality improvements; and

WHEREAS, the Governing Board has determined that the unencumbered ownership of the Property is not required by the District for present or future use and that it is in the public interest to subject the Property to the federal grant funding restriction.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

Section 1. The Governing Board of the South Florida Water Management District hereby approves restricting land interests containing 638.9 acres, more or less, in Miami-Dade County, with a federal grant funding restriction as a replacement property under a federal grant agreement in consideration of the release of other District land interests of approximately equal value from the federal grant funding restriction.

Section 2. The Governing Board of the South Florida Water Management District hereby approves the Funding Disclosure document, as described in Resolution Exhibit “A”, attached hereto and made a part hereof.

Section 3. This resolution shall take effect immediately upon adoption.

PASSED and ADOPTED this 13th day of September, 2018.

Packet Pg. 61 19

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

Packet Pg. 62 19.a

EXHIBIT “A” to Resolution

DRAFT DOCUMENT Return to and prepared by: Real Estate Division South Florida Water Management District 3301 Gun Club Road West Palm Beach, FL 33406

Project: Biscayne Coastal Wetlands Tract: GZ300-013 and GZ300-015

FUNDING DISCLOSURE

KNOW ALL MEN BY THESE PRESENTS:

That the SOUTH FLORIDA WATER MANAGEMENT DISTRICT (“District”) is the owner of the real property described in the attached Exhibit "A" located in Miami-Dade County, Florida, by reason of those certain conveyances recorded in Official Records Book 25984, page 2653 and Official Records Book 26175, page 2064; and

WHEREAS, the District now wishes to be partially reimbursed for this property’s purchase with financial participation previously provided by the U.S. Department of the Interior.

NOW THEREFORE, for one dollar and other good and valuable consideration, the undersigned hereby declares that the following funding disclosure is to be recorded in the public records encumbering the real property:

“The South Florida Water Management District was reimbursed for this property’s purchase with funds provided by the Secretary of the U.S. Department of the Interior for Everglades restoration activities pursuant to the authority of Section 390 of Public Law 104-127, 110 Stat. 1022.”

IN WITNESS WHEREOF, the South Florida Water Management District has caused these presents to be executed in its name this ______day of ______, 2018.

SOUTH FLORIDA WATER MANAGEMENT DISTRICT

By: ______DRAFT DOCUMENT______

STATE OF FLORIDA COUNTY OF PALM BEACH

The foregoing instrument was acknowledged before me this ______day of ______, 2018 by ______of the South Florida Water Management District, a governmental entity created by Chapter 373, Florida Statutes, on behalf of the entity, who is personally known to me.

______Notary Public, State of Florida (seal) Print: ______Attachment: ca-re_Martin_Draft_Exhibit_A_DOI_Encumbrance_Transfer (Resolution No. 2018 - 0907 : Funding Disclosure Document for U.S. My Commission Expires: ______Packet Pg. 63 19.a

EXHIBIT “A” to Funding Disclosure

LEGAL DESCRIPTION FOR TRACT GZ300-013

Portions of Sections 10, 14 and 15, Township 56 South, Range 40 East, lying and being in Miami-Dade County, Florida, and being more particularly described as follows:

Begin at the Northwest corner of said Section 14; Thence, run North 89° 38'07" East along the North line of said Section 14 and along the Easterly projection thereof into the waters of Biscayne Bay for 4171.45 feet; Thence, run South 41° 38'32" West along the former bulkhead line for Biscayne Bay as recorded in Plat Book 74, at Page 3, of the Public Records of Miami-Dade County, Florida, for 1072.75 feet to a point of curvature; Thence, run Southwesterly, still along said bulkhead line, along a circular curve being a circular curve to the left having for its elements a central angle of 35° 00'00" and a radius of 1000.00 feet, for a arc distance of 610.85 feet to a point of tangency; Thence, run South 06° 38'32" West, still along said bulkhead line, for 1341.09 feet; Thence, run South 89° 38'25" West along the South line of the North one-half of said Section 14 and along the Easterly projection thereof into the waters of Biscayne Bay, for 3032.13 feet; Thence, run South 89° 00'29" West along the South line of the North one- half of Section 15, for 859.41 feet; Thence, run North 09° 00'00" East for 1526.69 feet to a point of curvature; Thence, run Northeasterly and Northwesterly along a circular curve, being a circular curve to the left, having for its elements a central angle of 33° 00'00" and a radius of 2439.76 feet, for an arc distance of 1405.20 feet to a point of tangency; Thence, run North 24° 00'00" West for 372.23 feet to a point of curvature; Thence, run Northwesterly along a circular curve, being a circular curve to the right having for its elements a central angle of 19° 37'34" and a radius of 2392.69 feet, for an arc distance of 819.59 feet to a point; Thence, run North 89° 00'10" East along the North line of the South one-half of the Southeast one-quarter of said Section 10, for 1090.68 feet; Thence, run South 01° 34'08" East along the East line of the South one-half of the Southeast one-quarter of said Section 10 for 1342.20 feet to the Point of Beginning.

AND

A portion of Section 15, Township 56 South, Range 40 East, lying and being in Miami-Dade County, Florida, and being more particularly described as follows:

Commence at the Northeast corner of said Section 15; Thence, run South 00° 32'36" East along the East line of the Northeast one-quarter of said Section 15, for 2675.19 feet; Thence, run South 89° 00'29" West along the South line of the North one-half of said Section 15, for 859.41 feet to the Point of Beginning; Thence, continue South 89° 00'29" West along the South line of the North one-half of said Section 15, for 3046.84 feet; Thence, run North 00° 50'07" West parallel to the West line of the Northwest one-quarter of said Section 15, for 35.00 feet; Thence, run North 89° 00'29" East for 220.00 feet; Thence, run North 00° 50'07" West, parallel to and 1725.00 feet Easterly of the West line of the Northwest one-quarter of said Section 15 as measured along the South line of the Northwest one-quarter of said Section 15, for 1429.00 feet; Thence, run North 89° 00'29" East, parallel to and 1464.00 feet Northerly of the South line of the North one-half of said Section 15, as measured along the West line of the North one-half of said Section 15, for 3080.78 feet; Thence, run South 09° 00'00" West, for 1486.55 feet to the Point of Beginning.

LESS

(BISCAYNE NATIONAL PARK) All the certain tract or parcel of land lying and being situated in Miami-Dade County, State of Florida, and being described as follows:

Township 56 South, Range 40 East, Section 14, commencing at the Northwest corner of Section 14; Thence, Easterly along the North line of Section 14, 1600 feet, more or less, to the Point of Beginning, continue Easterly along the North line of Section 14, passing the shoreline of Biscayne Bay, to a point of intersection with the Miami-Dade County Bulkhead Line, as recorded in Plat Book 74, Page 3, of the Public Records of Miami-Dade County, Florida; Thence, Southerly along the Dade County bulkhead line to a point of intersection with the South line of the North one-half of Section 14; Thence, Westerly along the South line of the North one-half of Section 14, passing the shoreline of Biscayne Bay, to a point 1320 feet, more or less, East of the West line of Section 14; Thence, Northeasterly to a point on the North line of the South one-half of the North one-half of Section 14, said point being 1550 feet, more or less, East of the West line of Section 14; Thence, Northerly to the Point of Beginning.

Contains 262.01 acres, more or less, per survey.

LEGAL DESCRIPTION FOR TRACT GZ300-015

The South Half of Section 15, Township 56 South, Range 40 East, Miami-Dade County, Florida

LESS the West 125 feet thereof for canal right of way. Attachment: ca-re_Martin_Draft_Exhibit_A_DOI_Encumbrance_Transfer (Resolution No. 2018 - 0907 : Funding Disclosure Document for U.S. AND

Packet Pg. 64 19.a

A portion of Government Lot 2, lying in Fractional Section 14, Township 56 South, Range 40 East, Miami-Dade County, Florida, being more particularly described as follows:

Beginning at the Northwest corner of the South Half of Section 14, for a POINT OF BEGINNING; Thence, run East along the North Line of the South Half of Section 14, 1320 feet to a point; Thence, run Southwesterly to a point on the South line of the South Half of said Section14, that is 430 feet East of the Southwest corner thereof; Thence, run West 430 feet to said Southwest corner; Thence, run North, along the West section line of Section 14, to the POINT OF BEGINNING

Containing 376.89 acres, more or less. Attachment: ca-re_Martin_Draft_Exhibit_A_DOI_Encumbrance_Transfer (Resolution No. 2018 - 0907 : Funding Disclosure Document for U.S.

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M E M O R A N D U M

TO: Governing Board Members

FROM: Eva Velez,

DATE: September 13, 2018

SUBJECT: C-43 Reservoir Project Groundwater Monitoring Equipment Installation Contract (Staff contact,

Agenda Item Background: The C-43 Reservoir project, located in Hendry County, is part of the Comprehensive Everglades Restoration Plan (CERP). In compliance with the Florida Department of Environmental Protection (DEP) construction permit, monitoring of groundwater at 22 well sites along the project perimeter and several adjacent properties are required. The permit related monitoring wells are required to establish baseline and project operating data. DNK Environmental, Inc. was not only the lowest responsive and responsible bidder, it was also the lowest bidder of all the bids received.

Core Mission and Strategic Priorities: The C-43 Reservoir is a high priority CERP project jointly funded with the U.S. Army Corps of Engineers and supports the District’s core mission of ecosystem restoration. Groundwater monitoring is necessary to assess the influences that operational activities may have on groundwater levels and gradient movement in the area.

Funding Source: The project will be funded through Save Our Everglades and Land Acquisition Trust Funds and is eligible for cost crediting by the U.S. Army Corps of Engineers through the Project Cooperation Agreement.

Staff Contact and/or Presenter: Matt Morrison, [email protected], 561-682-6844

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SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0908

A Resolution of the Governing Board of the South Florida Water Management District to authorize entering into a 1-year contract with DNK Environmental, Inc., the lowest responsive and responsible bidder, for the installation of monitoring equipment at 22 existing groundwater well sites around and adjacent to the C-43 Reservoir Project, in the amount of $266,250 for which dedicated funds (Save Our Everglades Trust Fund) are budgeted; providing an effective date. (Contract No. 4600003888)

WHEREAS, the Governing Board of the South Florida Water Management District deems it necessary, appropriate, and in the public interest to enter into a 1-year contract with DNK Environmental, Inc., the lowest responsive and responsible bidder, for the installation of monitoring equipment at 22 existing groundwater well sites around and adjacent to the C-43 Reservoir Project, in the amount of $266,250 for which Save Our Everglades and Land Acquisition Trust Funds are budgeted; providing an effective date. (Contract No. 4600003888)

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

Section 1. The Governing Board of the South Florida Water Management District hereby authorizes entering into a 1-year contract with DNK Environmental, Inc. (Contract Number 4600003888)

Section 2. This Resolution shall take effect immediately upon adoption.

PASSED and ADOPTED this 13th day of September, 2018.

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

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M E M O R A N D U M

TO: Governing Board Members

FROM: Terrie Bates, Director, Water Resources Division

DATE: September 13, 2018

SUBJECT: Everglades Agriculture Area Environmental Protection District Cost-Share Cooperative Agree

Agenda Item Background: This annual cost-share cooperative agreement (renewed annually since Fiscal Year 2006) is to continue joint efforts between the District and Everglades Agricultural Area Environmental Protection District (EAA-EPD) scientists in conducting applied research within the STAs, including components of the Restoration Strategies Science Plan. This item is funded by dedicated funds from the Restoration Strategies Science Plan in the amount of $400,000. The EAA-EPD will contribute $380,000 as a cost-share partner.

Additional Background: Due to their size and complexities, managing the STAs requires knowledge of different environmental variables, including the mechanisms and factors influencing phosphorus removal. This agreement provides for a technical team to be formed by the parties, and for joint funding of research priorities for the STAs. The EAA-EPD science team will conduct scientific investigations and work collaboratively with District scientists to jointly acquire new information and help support efforts to better manage and operate the STAs. It will be beneficial for the District to continue a productive partnership that has generated high caliber scientific results and greatly enhanced our understanding of the STAs. In addition, the agreement supplements our in-house capabilities and staff resources for the STAs.

The scientific studies covered under this agreement include:

1) improving resilience of submerged aquatic vegetation in the STAs; 2) the use of soil management to control phosphorus flux; 3) the relationship of stage, flow and potential groundwater interaction with L-8 FEB water quality; 4) data integration and analyses; and 5) cell internal water quality and submerged aquatic vegetation surveys

Core Mission and Strategic Priorities: The information generated from these studies are important in evaluating STA condition and performance to guide short and long-term operation and as required under the STA permits, and in finding ways to further reduce and sustain phosphorus removal in these complex systems. This agreement includes work to support the Restoration Strategies Science Plan implementation.

Funding Source: This item is funded by dedicated funds from the Restoration Strategies Science Plan, in the amount of $400,000. The EAA-EPD will contribute $380,000 as a cost-share partner.

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Staff Contact and/or Presenter: Terrie Bates, Director, Water Resources 561 682-6952 / [email protected]

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SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0909

A Resolution of the Governing Board of the South Florida Water Management District to enter into a cost-share agreement with the Everglades Agricultural Area Environmental Protection District for Stormwater Treatment Area monitoring and applied research, in the amount of $780,000 of which the South Florida Water Management District’s total contribution is $400,000 which is subject to Governing Board approval of the Fiscal Year 2018-2019 budget; providing an effective date. (Contract No. 4600003883)

WHEREAS, the Governing Board of the South Florida Water Management District deems it necessary, appropriate, and in the public interest to enter a cost-share agreement for Stormwater Treatment Area Monitoring and Applied research;

WHEREAS, managing the Stormwater Treatment Areas (STAs) requires knowledge and understanding of the different environmental variables, and studies to find ways to further improve the performance of the STAs, in accordance with the current STA permits, consent orders, and the Everglades Restoration Strategies;

WHEREAS, the Everglades Agricultural Area Environmental Protection District has an established STA science program and previous agreements have generated high caliber scientific findings that enhanced our understanding and abilities to manage the STAs;

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

Section 1. The Governing Board of the South Florida Water Management District hereby authorizes entering into the agreement with the Everglades Agricultural Area Environmental Protection District for Stormwater Treatment Area monitoring and applied research. (Contract No. 4600003883)

Section 2. This resolution shall take effect immediately upon adoption.

PASSED and ADOPTED this 13th day of September, 2018.

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SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

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M E M O R A N D U M

TO: Governing Board Members

FROM: Terrie Bates, Director, Water Resources Division

DATE: September 13, 2018

SUBJECT: Variance from Rule 40E-24.201, Florida Administrative Code: Mandatory Year- Round Landscape Measures

Agenda Item Background: 2470 South Ocean Inc. petitioned for a variance from the day-of-the-week landscape irrigation restrictions for a property located at 2470 South Ocean, Palm Beach. The property is utilizing advanced irrigation scheduling technology, and irrigation will be regulated by the technology in place of the schedule prescribed in Chapter 40E-24, F.A.C. Advanced irrigation scheduling technology has been demonstrated to be more water efficient than a days of the week schedule. Subsection 40E-24.501(1) F.A.C. allows for the issuance of variances under certain circumstances.

Additional Information: The advanced irrigation scheduling technology operates by “shifting” the irrigation schedule based on weather forecast assumptions and future predictions so that irrigation occurs no more frequently than every three days. The data used by the software system consists of: near real-time rainfall data provided by the District; forecast rainfall data provided by the U.S. Department of Commerce’s National Oceanic and Atmospheric Administration; and on-site data sensors. The on-site system reports through a cellular signal to a central server every 15 minutes which allows for remote monitoring and detection of faults and alerts. For the system to operate as designed, it cannot be restricted to specific days of the week operation. Therefore, the property will be subject to an alternative landscape irrigation schedule since these advanced irrigation controller systems have been shown to be more water efficient than traditional timer-based systems.

Core Mission and Strategic Priorities Pursuant to Section 120.542, Florida Statute, and Chapter 28-104, F.A.C., an agency may issue variances to provide relief to persons subject to regulation.

Funding Source This action is at no cost to the District.

Staff Contact and/or Presenter Terrie Bates, [email protected], (561) 682-6952

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M E M O R A N D U M

TO: Governing Board Members

FROM: Terrie Bates, Director, Water Resources Division

DATE: September 13, 2018

SUBJECT: Amendment to Variance Order No. 2016-DAO-WU; Variance from Rule 40E- 24.201, Fla. Admin. Code: Mandat

Agenda Item Background: Palm Beach County petitioned to amend a variance it was granted under Order No:2016-DAO-WU to add 8 county-owned park parcels bringing the total to 19 parks. These parks utilize advanced irrigation scheduling technology, and irrigation will be regulated by the technology in place of the schedule prescribed in Chapter 40E-24, F.A.C. Advanced irrigation scheduling technology has been demonstrated to be more water efficient than a days of the week schedule. Subsection 40E-24.501(1) F.A.C., allows for the issuance of variances under certain circumstances.

Core Mission and Strategic Priorities: Pursuant to Section 120.542, Florida Statute, and Chapter 28-104, F.A.C., an agency may issue variances to provide relief to persons subject to regulation.

Funding Source: This action is at no cost to the District.

Staff Contact and/or Presenter: Terrie Bates, [email protected], 561-682-6952

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M E M O R A N D U M

TO: Governing Board Members

FROM: Duane Piper, Chief Information Officer

DATE: September 13, 2018

SUBJECT: SAP Software Maintenance (Staff contact, Duane Piper, ext. 2150)

Agenda Item Background: SAP is the integrated Enterprise Resource Planning Software used for the District’s core business functions such as accounting, finance, procurement, human resources, payroll, plant maintenance, and project management. Each year, the District enters into an annual purchase order with SAP Public Services, Inc. for software maintenance for all SAP licenses which includes technical support, upgrades, and access to the Support and Advisory Center. The District obtained this purchase order through a special procurement that is exempt from competition under Section 155-6, South Florida Water Management Districts Policies and Procedures. This policy provides that all renewals for maintenance and licensing of proprietary computer software are exempt from competition. SAP Public Services, Inc. will provide software maintenance in the amount of $656,437 for the time period October 1, 2018 through September 30, 2019.

Staff Contact and/or Presenter: Duane Piper, [email protected], 561-682-2150

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SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0910

A Resolution of the Governing Board of the South Florida Water Management District to issue a purchase order to SAP Public Services, Inc. for software maintenance and upgrades, for the time period October 1, 2018 through September 30, 2019, in the amount of $656,437 for which funds are subject to Governing Board approval of the Fiscal Year 2018- 2019 budget; providing an effective date. (Purchase Order Number 4500108058)

WHEREAS, SAP is used for the District’s core business functions such as accounting, finance, procurement, human resources, payroll, plant maintenance, and project management; and

WHEREAS, each year the District enters into an annual purchase order with SAP Public Services, Inc. for software maintenance which includes technical support, upgrades, and access to the Support and Advisory Center; and

WHEREAS, the District obtained this purchase order through a special procurement that is exempt from competition under Section 155-6, South Florida Water Management Districts Policies and Procedures; and

WHEREAS, the Governing Board of the South Florida Water Management District deems it necessary, appropriate, and in the public interest to issue a purchase order to SAP Public Services, Inc. for software maintenance and upgrades, in the amount of $656,437.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

Section 1. The Governing Board of the South Florida Water Management District approves issuing a purchase order to SAP Public Services, Inc. for software maintenance and upgrades, for the time period October 1, 2018 through September 30, 2019, in the amount of $656,437 for which funds are subject to Governing Board approval for the Fiscal Year 2018-2019 Budget. (Purchase Order No. 4500108058)

Section 2. This resolution shall take effect immediately upon adoption.

PASSED and ADOPTED this 13th day of September, 2018.

Packet Pg. 75 24

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

Packet Pg. 76 25

M E M O R A N D U M

TO: Governing Board Members

FROM: Duane Piper, Chief Information Officer

DATE: September 13, 2018

SUBJECT: Oracle Software Annual Maintenance (Staff contact, Duane Piper, ext. 2150)

Agenda Item Background: The District’s operations such as SAP, e-permitting, employee emergency notification site, weather/real-time readings, graphical verification analysis, and hydrologic and scientific data utilize Oracle America, Inc.’s portal and database software. Each year, the District enters into an annual purchase order with Oracle America, Inc. for maintenance and upgrades for the Oracle portal and database which includes 24-hour technical support, upgrades, and web-based support. The District obtained this purchase order through a special procurement that is exempt from competition under Section 155-6, South Florida Water Management Districts Policies and Procedures. This policy provides that licensing, warranty, compatibility requirements that limit the selection to the manufacturer, including purchases of parts, repairs or maintenance services from the original equipment manufacturer, seller or authorized repair facility are exempt from competition. Oracle America, Inc. will provide software maintenance in the amount of $634,188 for the time period October 25, 2018 through October 24, 2019.

Staff Contact and/or Presenter: Duane Piper, [email protected], 561-682-2150

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SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0911

A Resolution of the Governing Board of the South Florida Water Management District to issue a purchase order to Oracle America, Inc. for software maintenance and upgrades, for the time period October 25, 2018 through October 24, 2019, in the amount of $634,188 for which funds are subject to Governing Board approval of the Fiscal Year 2018-2019 budget; providing an effective date. (Purchase Order Number 4500108059)

WHEREAS, the District’s operations such as permit applications, employee emergency notification, hydrologic and scientific data, and weather/real-time readings utilize Oracle America, Inc.’s portal and database software; and

WHEREAS, each year the District enters into an annual purchase order with Oracle America, Inc. for maintenance and upgrades for the Oracle portal and database which includes 24-hour technical support, maintenance releases and patches, and web-based support; and

WHEREAS, the Governing Board of the South Florida Water Management District deems it necessary, appropriate, and in the public interest to approve issuing a purchase order to Oracle America, Inc. for software maintenance and upgrades, in the amount of $634,188.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

Section 1. The Governing Board of the South Florida Water Management District approves issuing a purchase order to Oracle America, Inc. for software maintenance and upgrades, for the time period October 25, 2018 through October 24, 2019, in the amount of $634,188 for which funds are subject to Governing Board approval for the Fiscal Year 2018-2019 Budget. (Purchase Order No. 4500108059)

Section 2. This resolution shall take effect immediately upon adoption.

PASSED and ADOPTED this 13th day of September, 2018.

Packet Pg. 78 25

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

Packet Pg. 79 26

M E M O R A N D U M

TO: Governing Board Members

FROM: Duane Piper, Chief Information Officer

DATE: September 13, 2018

SUBJECT: Sun Microsystems Hardware Annual Maintenance (Staff contact, Duane Piper, ext. 2150)

Agenda Item Background: The Sun Microsystems hardware is part of our Unix based systems. Critical District applications such as SAP, DBHYDRO, Operations, and other core infrastructure applications such as accounting, finance, procurement, plant maintenance, and environmental databases reside on the Sun Microsystems hardware. Each year, the District enters into an annual purchase order with Oracle America, Inc. for Sun Microsystems hardware maintenance which includes servers, storage, peripherals, 24- hour access to Oracle product experts, security updates, upgrades, and the Sun Solaris operating system. The District obtained this purchase order through a special procurement that is exempt from competition under Section 155-6, South Florida Water Management Districts Policies and Procedures. This policy provides that licensing, warranty, compatibility requirements that limit the selection to the manufacturer, including purchases of parts, repairs or maintenance services from the original equipment manufacturer, seller or authorized repair facility are exempt from being required to be bid through competitive solicitation. Oracle America, Inc. will provide hardware maintenance for the Sun Microsystems equipment in the amount of $231,516 for the time period November 1, 2018 through October 31, 2019 using special procurement.

Staff Contact and/or Presenter: Duane Piper, [email protected], 561-682-2150

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SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0912

A Resolution of the Governing Board of the South Florida Water Management District to issue a purchase order to Oracle America, Inc. for Sun Microsystems hardware maintenance, for the time period November 1, 2018 through October 31, 2019, in the amount of $231,516 for which funds are subject to Governing Board approval of the Fiscal Year 2018-2019 budget; providing an effective date. (Purchase Order Number 4500108060)

WHEREAS, the District’s operations such as accounting, finance, procurement, plant maintenance, and environmental databases are stored on the Sun Microsystems hardware; and

WHEREAS, each year the District enters into an annual purchase order with Oracle America, Inc. for Sun Microsystems hardware maintenance which includes 24-hour access to Oracle product experts, security updates, and upgrades; and

WHEREAS, the Governing Board of the South Florida Water Management District deems it necessary, appropriate, and in the public interest to issue a purchase order to Oracle America, Inc. for Sun Microsystems hardware maintenance, in the amount of $231,516.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

Section 1. The Governing Board of the South Florida Water Management District approves issuing a purchase order to Oracle America, Inc. for Sun Microsystems hardware maintenance, for the time period November 1, 2018 through October 31, 2019, in the amount of $231,516 for which funds are subject to the Governing Board approval for the Fiscal Year 2018-2019 budget. (Purchase Order No. 4500108060).

Section 2. This resolution shall take effect immediately upon adoption.

PASSED and ADOPTED this 13th day of September, 2018.

Packet Pg. 81 26

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

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M E M O R A N D U M

TO: Governing Board Members

FROM: Duane Piper, Chief Information Officer

DATE: September 13, 2018

SUBJECT: Storage Software Annual Maintenance (Staff contact, Duane Piper, ext. 2150)

Agenda Item Background: All District computer systems such as SAP, Regulation, modeling and a host of hydrologic databases store information on computer hardware disks. Veritas NetBackup Software enables Information Technology staff to backup, restore, and protect information that is critical to the District’s operations such as finance, payroll, computer simulation models, and environmental databases. Each year, the District enters into an annual purchase order with DynTek Services, Inc. for Veritas NetBackup software maintenance. The District obtained this purchase order through a special procurement that the District competed using the General Services Administration (GSA) Schedule GS-35F-0119Y. Dyntek Services, Inc. will provide Veritas NetBackup software maintenance in the amount of $174,464 for the time period November 7, 2018 through November 6, 2019 using the GSA Schedule GS-35F-0119Y.

Staff Contact and/or Presenter: Duane Piper, [email protected], 561-682-2150

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SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0913

A Resolution of the Governing Board of the South Florida Water Management District to issue a purchase order to DynTek Services, Inc. for storage software maintenance, using the GSA Schedule GS-35F-0119Y, for the time period November 7, 2018 through November 6, 2019, in the amount of $174,464 for which funds are subject to Governing Board approval of the Fiscal Year 2018-2019 budget; providing an effective date. (Purchase Order Number 4500108061)

WHEREAS, Veritas NetBackup Software enables Information Technology staff to backup, restore, and protect information that is critical to the District’s operations such as finance, payroll, computer simulation models, and environmental databases; and

WHEREAS, each year the District enters into an annual purchase order with DynTek Services, Inc. for Veritas NetBackup software maintenance; and

WHEREAS, the District obtained this purchase order through a special procurement that the District competed using the General Services Administration (GSA)Schedule GS-35F-0119Y; and

WHEREAS, the Governing Board of the South Florida Water Management District deems it necessary, appropriate, and in the public interest to approve issuing a purchase order to DynTek Services, Inc. for storage software maintenance, in the amount of $174,464.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

Section 1. The Governing Board of the South Florida Water Management District approves issuing a purchase order to DynTek Services, Inc. for storage software maintenance, using the GSA Schedule GS-35F-0119Y, for the time period November 7, 2018 through November 6, 2019 in the amount of $174,464 for which funds are subject to Governing Board approval for the Fiscal Year 2018-2019 Budget. (Purchase Order No. 4500108061)

Section 2. This resolution shall take effect immediately upon adoption.

PASSED and ADOPTED this 13th day of September, 2018.

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SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

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M E M O R A N D U M

TO: Governing Board Members

FROM: Duane Piper, Chief Information Officer

DATE: September 13, 2018

SUBJECT: Technical Resources Contract Amendment (Staff contact, Duane Piper, ext. 2150)

Agenda Item Background: Whitaker-Taylor, Inc. provides SAP Human Capital Management services, which support the District’s Human Resources functions like payroll, and Basis Administration Technical services, which assist the District with system configuration, performance tuning, and upgrade installation. The District uses these software support services on an as needed basis to develop system solutions, implement system upgrades, and to meet payroll and quarterly reporting deadlines. In 2015 the District entered into a competitively bid 3-year service contract with Whitaker-Taylor, Inc. Last year the contract was extended until December 31, 2018. The contract amendment will extend the term for SAP technical services by 3 years and increase the amount by $500,000 for a revised contract total of $1,500,000 for which $200,000 is subject to Governing Board approval for the Fiscal Year 2018-2019 budget and the remainder is subject to Governing Board approval for future year budgets.

Staff Contact and/or Presenter: Duane Piper, [email protected], 561-682-2150

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SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0914

A Resolution of the Governing Board of the South Florida Water Management District to amend a contract with Whitaker-Taylor, Inc. to extend the term for SAP technical resources by 3 years and increase the amount by $500,000 for a revised contract total of $1,500,000 for which $200,000 is subject to Governing Board approval of the Fiscal Year 2018- 2019 budget and the remainder is subject to Governing Board approval of future year budgets; providing an effective date. (Contract Number 4600003295)

WHEREAS, Whitaker-Taylor, Inc. provides SAP Human Capital Management services, which support the District’s Human Resources functions like payroll. Whitaker-Taylor, Inc. also provides Basis Administration Technical services which assist the District with system configuration, performance tuning, and upgrade installation; and

WHEREAS, the District uses these software support services on an as needed basis to develop system solutions, implement system upgrades, and to meet payroll and quarterly reporting deadlines; and

WHEREAS, in 2015 the District entered into a competitively bid 3-year service contract with Whitaker- Taylor, Inc. Last year the contract was extended until December 31, 2018; and

WHEREAS, the Governing Board of the South Florida Water Management District deems it necessary, appropriate, and in the public interest to approve amending the contract with Whitaker-Taylor, Inc. to extend the term for SAP technical services by 3 years and increase the amount by $500,000 for a revised contract total of $1,500,000 for which $200,000 is subject to Governing Board approval for the Fiscal Year 2018-2019 budget.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

Section 1. The Governing Board of the South Florida Water Management District approves amending the contract with Whitaker-Taylor, Inc. to extend the term for SAP technical services by 3 years and increase the amount by $500,000 for a revised contract total of $1,500,000 for which $200,000 is subject to Governing Board approval for the Fiscal Year 2018-2019 budget and the remainder is subject to Governing Board approval for future year budgets. (Contract No. 4600003295)

Section 2. This resolution shall take effect immediately upon adoption.

PASSED and ADOPTED this 13th day of September, 2018.

Packet Pg. 87 28

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

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M E M O R A N D U M

TO: Governing Board Members

FROM: Brian J. Accardo, General Counsel

DATE: September 13, 2018

SUBJECT: Fiscal Year 2018-2019 Annual Regulatory Plan (Staff contact, Brian J. Accardo, ext. 6232)

Agenda Item Background Each year, the District completes and certifies a rulemaking plan to the Legislature’s Joint Administrative Procedures Committee (JAPC). This Annual Regulatory Plan is required by Section 120.74, Florida Statutes, to inform the Legislature and the public of what rules the agency intends to promulgate during the upcoming year. The Chairman of the Governing Board and General Counsel must certify that they have reviewed the plan and that the District regularly reviews its rules to determine if the rules remain consistent with the agency’s rulemaking authority and the laws implemented. The District will then submit the plan to JAPC. The plan must be published on the District’s website and maintained on a website for 10 years after the date of initial publication.

Core Mission and Strategic Priorities This Governing Board item supports the District’s core mission and strategic goals by ensuring that its rules are consistent with the District’s rulemaking authority and the laws implemented. Additionally, the Fiscal Year 2018/2019 Annual Regulatory Plan complies with Section 120.74, Florida Statutes. Rulemaking will be conducted by District staff from Water Resources, Everglades Regulation, and Regulation, in coordination with Office of Counsel.

Funding Source Staff time will be used to implement the Fiscal Year 2018/2019 Annual Regulatory Plan. Ad valorem funds may be used to prepare the economic impact analysis that may be required for certain rules. The cost for publication of the notices will be funded by Office of Counsel.

Staff Contact Brian J. Accardo, [email protected], 561-682-6232

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SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0915

A Resolution of the Governing Board of the South Florida Water Management District certifying to the Joint Administrative Procedures Committee that the Governing Board has reviewed the Fiscal Year 2018- 2019 Annual Regulatory Plan and that the District completed a review of all of its rules in August 2018, to determine if the rules remain consistent with the District’s rulemaking authority and the laws implemented, as required by Section 120.74, Florida Statutes, effective immediately.

WHEREAS, each year the District must complete and certify a rulemaking plan to the Legislature’s Joint Administrative Procedures Committee. This Annual Regulatory Plan is required by Section 120.74, Florida Statutes, to inform the Legislature and the public of what rules the agency intends to promulgate during the upcoming year; and

WHEREAS, the Chairman of the Governing Board and General Counsel must certify that they have reviewed the plan and that the District regularly reviews its rules to determine if the rules remain consistent with the agency’s rulemaking authority and the laws implemented; and

WHEREAS, the District will submit the plan to the Legislature’s Joint Administrative Procedures Committee and will publish and maintain it on a website for 10 years after the date of initial publication.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

Section 1. The Governing Board of the South Florida Water Management District hereby certifies to the Joint Administrative Procedures Committee that the Governing Board has reviewed the Fiscal Year 2018/2019 Annual Regulatory Plan and that the District completed a review of all of its rules in August 2018, to determine if the rules remain consistent with the District’s rulemaking authority and the laws implemented, as required by Section 120.74, Florida Statutes.

Section 2. A copy of the Fiscal Year 2018/2019 Annual Regulatory Plan is attached hereto and made a part hereof.

Section 3. This resolution shall take effect immediately upon adoption.

PASSED and ADOPTED this 13th day of September, 2018.

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SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

Packet Pg. 91 29.a

Pursuant to section 120.74, Florida Statutes, the undersigned hereby certify that they have reviewed the regulatory plan for the South Florida Water Management District (District) and that the District regularly reviews all of its rules to determine if the rules remain consistent with the agency’s rulemaking authority and the laws implemented. The District completed its most recent review of its existing rules in August 2018.

Dated this _____ day of September 2018.

______GENERAL COUNSEL

______GOVERNING BOARD CHAIRMAN

Attachment: 20182019 Certification JAPC Regulatory Plan DRAFT 2018-07-19 (Resolution No. 2018 - 0915 : Fiscal Year 2018-2019 Annual

Packet Pg. 92 29.b

South Florida Water Management District Annual Regulatory Plan 2018/2019

Part I Each law enacted or amended during the previous 12 months which creates or modifies the duties or authority of the agency (120.74(1)(a))

Part II Each law not otherwise listed in Part I which the agency expects to implement by rulemaking before July 1, 2019 (120.74(1)(b))

Part III Update to last year’s regulatory plan (120.74(1)(c))

Attachment: 20182019 compiled regulatory plan FINAL 2018-09-04 (Resolution No. 2018 - 0915 : Fiscal

Page 1 of 4

Packet Pg. 93 29.b

Part I Each law enacted or amended during the previous 12 months which creates or modifies the duties or authority of the agency (120.74(1)(a)) and update to the prior year’s regulatory plan or supplement (120.74(1)(c)

Rulemaking Required Rulemaking Not Required

Law enacted or amended Topic of the law Does new Date Notice Date expected If rulemaking is Division during prior 12 months that law require of Rule to publish not required to creates or modifies the rulemaking? Development Notice of implement the District’s authority or duties published1 Proposed Rule2 law, explain why

Ch. 2018-155, Laws of Fla. Water Management No Self-implementing Real Estate (HB703) – Section 373.089, Fla. District Surplus Lands Stat.

Ch. 2018-156 (HB 705) – Section Sales Related to No Self-implementing Real Estate 373.089, Fla. Stat. Surplus Lands

Ch. 2018-94, Laws of Fla. (HB Possession of Real No Self-implementing Land Stewardship 631) – Section 163.035, Fla. Stat. Property

1 Must be published before November 1; cite to FAR by Volume and Number 2 Must be published before April 1 Attachment: 20182019 compiled regulatory plan FINAL 2018-09-04 (Resolution No. 2018 - 0915 : Fiscal Page 2 of 4

Packet Pg. 94 29.b

Part II Each law not otherwise listed in Part I which the agency expects to implement by rulemaking before July 1 (120.74(1)(b))

Law Implemented Rule Number Reason for the rule Division i.e., to simplify, clarify, increase efficiency, improve coordination with other agencies, reduce regulatory costs, or delete obsolete, unnecessary or redundant rules 373.042, 373.0421, 373.083, 40E-2.061 Clarify language regarding linear dewatering qualifications Regulation 373.109, 373.196, 373.219, 373.223, 373.224, 373.229, 373.232, 373.233, 373.236, 373.239, 373.250 FS.

373.042, 373.0421, 373.083, 40E-2.091 1) Establish CUP criteria corresponding to the water reservation for 1) Water 373.109, 373.196, 373.219, the Kissimmee River, its floodplain & Chain of Lakes; Resources 373.223, 373.224, 373.229, 2) Clarify rule regarding multiple reuse permits; and 2) Regulation 373.232, 373.233, 373.236, 3) Revise forms and rule references to allow for NAVD 3) Regulation 373.239, 373.250, Fla. Stat.

373.046, 373.413, 373.4131, 40E-4.091 Incorporate amended operating agreement between DEP and Regulation 373.414, 373.4142, 373.416, SFWMD 373.418, 373.426, 373.441 FS

373.016, 373.026, 373.036, 40E-10.011 – 40E-10.071 Establish water reservation for the Kissimmee River, its floodplain & Water 373.1501, 373.1502, 373.219, the Chain of Lakes Resources 373.223, 373.4592, 373.4595, 373.470, Fla. Stat 373.016, 373.085(1)(b) and (2), 40E-63.500 -40E-63.520 Implement portions of Long-Term Plan for portions of Everglades Everglades 373.086(1), 373.451(6) and (7), Program Policy & 373.453(1)(b) and (c), (2) and Coordination (4), and 373.4592(3), (4) and (10), Fla. Stat. Attachment: 20182019 compiled regulatory plan FINAL 2018-09-04 (Resolution No. 2018 - 0915 : Fiscal

Page 3 of 4

Packet Pg. 95 29.b

Part III Update to prior year’s plan regulatory plan or supplement (120.74(1)(c))

Rulemaking Required Rulemaking Not Required Each law in previous year’s Topic of the law Does law Date Notice Date expected to If rulemaking is not Division plan as a law requiring require of Rule publish Notice of required to rulemaking to implement but rulemaking? Development Proposed Rule4 implement the law, a notice of proposed rule has published3 explain why not been published (120.74(a)(c)) Ch. 2016-1 s. 15, Laws of Fla. Northern Everglades Yes Nov. 1, 2016 Apr. 1, 2019 Everglades Policy 373.4595(3)(b)7 and Estuaries 40E-61 Works & Coordination 373.4595(3)(b)10 Protection Program of the District 373.4595(3)(b)21 Basins 373.4595(4)(b)8 373.4595(4)(c)8 373.4595(4)(d)8, Fla. Stat. (SB 0552)

3 Must be published before November 1; cite to FAR by Volume and Number 4 Must be published before April 1 Attachment: 20182019 compiled regulatory plan FINAL 2018-09-04 (Resolution No. 2018 - 0915 : Fiscal Page 4 of 4

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M E M O R A N D U M

TO: Governing Board Members

FROM: Stephen M. Collins, Director, Real Estate

DATE: September 13, 2018

SUBJECT: Stipulation for Settlement and Final Judgment (Staff contact, Stephen M. Collins, ext. 2959)

Agenda Item Background: In 2016, the District acquired by Eminent Domain this parcel for the Belle Meade component of the Picayune Strand Restoration Project. 14661 Jonathan Harbour, LLC, the owner of approximately 40.97 acres in Belle Meade, reached a mediated settlement agreement with the District and staff seeks authorization to enter into, and submit to the court, a Stipulated Final Judgment for $811,000 including interest, attorneys’ fees and expert fees and costs.

Core Mission and Strategic Priorities: The Project was authorized by Section 1001(15) of the Water Resources Development Act of 2007, Public Law 110114, and the District, as local sponsor, and the U. S. Army Corps of Engineers ("Corps") entered into a Project Partnership Agreement regarding the Project on August 13, 2009, wherein the District agreed to acquire all the remaining land interests necessary to complete the Project. The Project will restore freshwater wetlands, improve estuarine water quality by increasing groundwater recharge, reduce large and unnatural freshwater inflows, and restore and enhance habitat for fish and wildlife, including threatened and endangered species.

Funding Source: The Stipulated Final Judgment for $811,000 includes all costs and fees less the prior court deposit with the courts at time of court approved takings of $196,600 leaves a balance owed of $614,400. The acquisition and associated costs will be funded from the Land Acquisition Trust Fund.

Staff Contact: Stephen M. Collins, [email protected], 561-682-2959

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SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0916

A Resolution of the Governing Board of the South Florida Water Management District authorizing a Settlement for the sum of $811,000, inclusive of interest, attorneys fees and expert fees and costs, and authorizing the Executive Director to execute a Stipulation for Settlement and Final Judgment in a condemnation action to acquire approximately 40.97 acres (Tract 100-135 - 14661 Jonathan Harbour, LLC) within the Belle Meade Component of the Picayune Strand Restoration Project, styled South Florida Water Management District v. Emilio Baez, et al., filed in the 20th Judicial Circuit in and for Collier County, Florida, Case No. 11-2016- CA-000690-0001-XX; providing an effective date.

WHEREAS, the Picayune Strand Restoration Project ("Project") was authorized by Section 1001(15) of the Water Resources Development Act of 2007, Public Law 110114; and

WHEREAS, the Project will restore freshwater wetlands, improve estuarine water quality by increasing groundwater recharge, reduce large and unnatural freshwater inflows, and restore and enhance habitat for fish and wildlife, including threatened and endangered species; and

WHEREAS, the South Florida Water Management District, as local sponsor, and the U.S. Army Corps of Engineers ("Corps") entered into a Project Partnership Agreement regarding the Project on August 13, 2009, wherein the District agreed to acquire all the remaining land interests necessary to complete the Project; and

WHEREAS, Belle Meade is a component of the Project containing 912.36 acres, more or less, of lands that will be impacted by the Project; and

WHEREAS, Sections 373.083(1), 373.129, and 373.139, Florida Statutes, authorize the South Florida Water Management District to settle existing lawsuits; and

WHEREAS, 14661 Jonathan Harbour, LLC was the owner ("Owner") of Tract 100-135 within the Belle Meade Component of the Project; and

WHEREAS, the Owner and the South Florida Water Management District (collectively, "the Parties") engaged in mediation as well as numerous settlement discussions to resolve all claims that have been raised or could have been raised against each other; and

WHEREAS, the Parties have been successful in the settlement discussion process and have reached a compromised settlement; and

WHEREAS, a previous deposit of $196,600 to the courts as required by the Order of Takings which is included in the Final Stipulated Judgement of $811,000; and

WHEREAS, all costs are to be funded from the Land Acquisition Trust Fund for the acquisition and associated costs; and

WHEREAS, the terms of the proposed settlement are set forth on the attached document.

Packet Pg. 98 30

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

Section 1. A Resolution of the Governing Board of the South Florida Water Management District authorizing a Settlement for the sum of $811,000, inclusive of interest, attorneys fees and expert fees and costs, and authorizing the Executive Director to execute a Stipulation for Settlement and Final Judgment in a condemnation action.

Section 2. The Governing Board of the South Florida Water Management District hereby approves the settlement of Tract 100-135 (14661 Jonathan Harbour, LLC) in South Florida Water Management District v. Emilio Baez, filed in the 20th Judicial Circuit Court in and for Collier County, Florida, Case No. 11-2016-CA-000690-0001XX, for the sum of $811,000, of which $196,600 was previously deposited with the Courts and the unpaid balance of $614,400 consists of $453,400.00 for land, plus $149,000.00 for statutory attorney’s fees and $12,000 for expert fees and costs, of which dedicated funds (Land Acquisition Trust Fund) have been budgeted, and authorizing the Executive Director to execute a Stipulation for Settlement and Final Judgment in a condemnation action to acquire approximately 40.97 acres.

Tract No. Owner Interest Acres Mediated Previous Settlement Deposit SG100- 14661 Jonathan Fee 40.97 $811,000 $196,600 135 Harbour, LLC

Budgeted Balance: Dollars Fund Fund Functional Commitment Account Center Area Item GL Descriptio Account n $614,400 425000 3510144000 P130 580020 Acquisition and Associated Costs

Section 3. A copy of the Mediated Settlement Agreement is attached hereto and made a part hereof.

Section 4. This resolution shall take effect immediately upon adoption.

PASSED and ADOPTED this 13th day of September, 2018.

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SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

Packet Pg. 100 30.a Attachment: Jonathan Harbour Mediated Settlement (Resolution No. 2018 - 0916 : Stipulation for and Final Judgment (Staff contact,

Packet Pg. 101 30.a Attachment: Jonathan Harbour Mediated Settlement (Resolution No. 2018 - 0916 : Stipulation for and Final Judgment (Staff contact,

Packet Pg. 102 31

M E M O R A N D U M

TO: Governing Board Members

FROM: Joel Arrieta, Division Director

DATE: September 13, 2018

SUBJECT: Biological Control of Old World Climbing Fern (Staff contact, Francois Laroche, ext. 6193)

Agenda Item Background: The District intends to enter into a 3-year agreement with two 1-year renewal options with the USDA Agricultural Research Service in Davie, Florida to develop biological control agents used for control of Old World climbing fern (Lygodium microphyllum). Biological control is identified as a critical element of the District’s integrated pest management approach to invasive species control. However, biological control is a highly specialized field and requires expertise and facilities outside the capacity of District resources. The USDA-ARS has existing staff and a specialized quarantine facility in Davie to carry out this research. This work will ensure that future agents will be available for the CERP Biological Control Implementation Project, which funds the rearing and monitoring of insects within the CERP footprint once they are approved for release in Florida.

Core Mission and Strategic Priorities: Invasive plant management is required to maintain the environmental integrity of District-managed conservation lands and waters. District project sites include natural areas including, the Everglades Water Conservation Areas and surrounding buffer lands, Lake Okeechobee, Kissimmee River floodplain, Kissimmee Chain of Lakes, and other conservation properties.

Funding Source: Funding will come from lease revenue. Total spending authority is $750,000 for the three-year agreement with two one-year renewal options, of which $150,000 of lease revenue is subject to Governing Board approval of the Fiscal Year 2018-2019 Budget, and outyears are subject to Governing Board approval of future year budgets.

Staff Contact: François B. Laroche, [email protected], 561-682-6193

Packet Pg. 103 31

SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0917

A Resolution of the Governing Board of the South Florida Water Management District authorize entering into a 3-year agreement with two 1- year renewal options, with USDA Agricultural Research Service for development of approved biological control agents for Old World climbing fern (Lygodium) in an amount not to exceed the total funding of $750,000, subject to Governing Board approval of the Fiscal Year 2018-2019 budget, and outyears are subject to Governing Board approval of future year budgets; providing an effective date. (Agreement Number 4600003884)

WHEREAS, the Governing Board of the South Florida Water Management District deems it necessary, appropriate and in the public interest to enter into a 3-year agreement with two 1-year renewal options, with USDA Agricultural Research Service (Agreement No. 4600003884) for development of approved biological control agents for Old World climbing fern, in an amount not to exceed the total funding of $750,000, subject to Governing Board approval of the Fiscal Year 2018-2019 budget, and outyears are subject to Governing Board approval of future year budgets. (Agreement Number 4600003884).

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

Section 1. The Governing Board of the South Florida Water Management District hereby authorizes entering into an agreement with USDA Agricultural Research Service for development of approved biological control agents for Old World climbing fern (Lygodium). (Agreement No. 4600003884)

Section 2. This resolution shall take effect immediately upon adoption.

PASSED and ADOPTED this 13th day of September, 2018.

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

Packet Pg. 104 32

M E M O R A N D U M

TO: Governing Board Members

FROM: Joel Arrieta, Division Director

DATE: September 13, 2018

SUBJECT: Contract Amendment with CREW Land and Water Trust, Inc. (Staff contact, Joel Arrieta, ext. 2867)

Agenda Item Background: The agenda item authorizes amending Contract Number 4600003156-A03 with the Corkscrew Regional Ecosystem Watershed Land and Water Trust, Inc. for the provision of land management services on the District acquired 25,404 acre CREW Management Area for an additional two year period. Services provided under this contract include assisting District staff in performing exotic plant control activities, managing volunteer activities to provide land management and public use functions, maintaining hiking trails, and performing facility inspections and repairs. The services provided under this contract by the Corkscrew Regional Ecosystem Watershed Land and Water trust, Inc. have been instrumental in performing land management functions and providing public recreational opportunities on the CREW Management Area.

Core Mission and Strategic Priorities: This Governing Board item supports the District’s core mission and strategic goals by providing land management and public recreational services consistent with land management directives contained in Section 373.1391, F.S. The Land Resources Bureau is responsible for implementing this contract and managing public recreation on District lands.

Funding Source: Total spending authority is $318,544 for the two-year contract amendment, of which $109,272 (Land Acquisition Trust Fund) and $50,000 (Big Cypress Basin Ad Valorem) are subject to Governing Board approval of the FY 2018-2019 budget, and outyears are subject to Governing Board approval of future year budgets.

Staff Contact and/or Presenter: Joel Arrieta, [email protected], 561-682-2867

Packet Pg. 105 32

SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0918

A Resolution of the Governing Board of the South Florida Water Management District authorizing an amendment to the contract with the Corkscrew Regional Ecosystem Watershed Land and Water Trust, Inc., to extend the contract by two years to continue to provide land management services on the CREW Management Area, in an amount not-to-exceed $318,544, subject to Governing Board approval of future year budgets; providing an effective date. (Contract No. 4600003156-A03)

WHEREAS, the Governing Board of the South Florida Water Management District has determined that it is necessary, appropriate, and in the public interest to amend Contract Number 4600003156-A03 with the Corkscrew Regional Ecosystem Watershed Land and Water Trust, Inc. to extend the term by two (2) years with an amended expiration date of September 30, 2020 in an amount not to exceed $318,544 for a total revised contract amount not-to-exceed $855,632, subject to Governing Board approval of future year budgets.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

Section 1. The Governing Board of the South Florida Water Management District hereby authorizes the execution of Contract Amendment number 4600003156-A03 with the Corkscrew Regional Ecosystem Watershed Land and Water Trust, Inc.

Section 2. This Resolution shall take effect immediately upon adoption.

Passed and adopted on this 13th day of September, 2018.

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

Packet Pg. 106 33

M E M O R A N D U M

TO: Governing Board Members

FROM: Joel Arrieta, Division Director

DATE: September 13, 2018

SUBJECT: Lock Tender Contract Services for the Operation of Navigational Boat Locks - Clewiston, Okeechobe

Agenda Item Background: The District owns 11 navigational boat locks that allow for public boating access within Lake Okeechobee and along the Kissimmee River Waterway from Lake Tohopekaliga to Lake Okeechobee. Six (6) of the locks are located on the perimeter of Lake Okeechobee and five (5) are located within the Kissimmee River Waterway. While existing District staff performs the maintenance on and repairs to the boat locks, the District retains an outside vendor to operate the locks for boaters. This contract provides for annual lock tender services to operate the 11 locks.

Core Mission and Strategic Priorities: Providing public access to Lake Okeechobee and the Kissimmee River Waterway is a priority for the District, allowing for the management and protection of the natural system.

Staff Contact and/or Presenter: Chris Edelstein, [email protected], 561-682-2952.

Packet Pg. 107 33

SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0920

A Resolution of the Governing Board of the South Florida Water Management District authorizing a 3-year contract with one 2-year renewal option with ECO Preservation Services, LLC, the lowest responsive and responsible bidder, for operational services of District navigational boat locks within Lake Okeechobee and along the Kissimmee River Waterway in Glades, Hendry, Martin, Okeechobee, Osceola and Polk counties in an amount not-to-exceed $3,323,487, subject to Governing Board approval of future year budgets; providing an effective date. (Contract Number 4600003871)

WHEREAS, the Governing Board of the South Florida Water Management District deems it necessary, appropriate and in the public interest to enter into a 3-year contract with one 2-year renewal option (Contract Number 4600003871) with ECO Preservation Services, LLC, for operational services of District navigational boat locks within Lake Okeechobee and along the Kissimmee River Waterway in Glades, Hendry, Martin, Okeechobee, Osceola and Polk counties in an amount not-to-exceed $3,323,487, subject to Governing Board approval of future year budgets;

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

Section 1. The Governing Board of the South Florida Water Management District hereby approves the contract with ECO Preservation Services, LLC, for operational services of District navigational boat locks within Lake Okeechobee and along the Kissimmee River Waterway in the Clewiston, Okeechobee and St. Cloud Field Station areas of responsibility. (Contract No. 4600003871)

Section 2. This resolution shall take effect immediately upon adoption.

PASSED and ADOPTED this 13th day of September 2018.

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

Packet Pg. 108 34

M E M O R A N D U M

TO: Governing Board Members

FROM: Joel Arrieta, Division Director

DATE: September 13, 2018

SUBJECT: Hauling Services Contract - Clewiston Field Station Area of Responsibility, Hendry County

Agenda Item Background: This contract is for the hauling of approximately 2-million cubic yards of material that will be removed from Cells 2A and 3A within STA-5 as part of the Restoration Strategies, Western Flow Path Project. District staff will be leveling approximately 585 acres within those two cells and a contract hauler will transport the material to a predetermined disposal area in the C-139 Basin. Habana Excavating, Inc. was not only the lowest responsive and responsible bidder, it was also the lowest bidder of all bids received.

Additional Background Information: This project is needed to level the grade of two cells within the STA. When the grade of cells is uneven, the flow of water bypasses vegetative treatment areas of the cells, resulting in operational inefficiency. To improve surface water flow and treatment efficiency, District staff will be leveling approximately 585 acres within those two cells. It is estimated that 2-million cubic yards of material will need to be removed from these cells and transported by a contract hauler to a predetermined disposal area in the C-139 Basin approximately three miles from STA-5. The contract provides for twelve (12) 25- ton off-road articulating dump trucks with operators. Fuel will be provided by the District. The hauling service will augment District staff to perform the work for the Project which is expected to be completed in June 2020.

Core Mission and Strategic Priorities: Proper treatment of stormwater is essential in meeting the operational criteria established for District STAs. For STA-5 to function properly and meet water quality standards, the leveling of cells 2A and 3A is required. The use of hauling services to augment District staff will reduce the amount of time required to complete this large project.

Staff Contact and/or Presenter: Tom DeBold, [email protected], 561-682-2124

Packet Pg. 109 34

SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0921

A Resolution of the Governing Board of the South Florida Water Management District authorizing a 2- year contract with Habana Excavating, Inc., the lowest responsive and responsible bidder, for hauling services to transport approximately 2-million cubic yards of material from STA-5 to a predetermined location in the C-139 Basin within Hendry County in an amount not-to-exceed $5,984,000, for which dedicated funds (Land Acquisition Trust Fund) are budgeted. (Contract No. 4600003885)

WHEREAS, the Governing Board of the South Florida Water Management District deems it necessary, appropriate and in the public interest to enter into a 2-year contract (Contract No. 460003885) with Habana Excavating, Inc. for hauling services, providing for twelve (12) 25-ton off road articulating dump trucks with operators, to transport approximately 2-million cubic yards of material from STA-5 to a predetermined location in the C-139 Basin in Hendry County in an amount not-to-exceed $5,984,000 and is subject to Governing Board approval in future year budgets.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

Section 1. The Governing Board of the South Florida Water Management District hereby approves the contract with Habana Excavating, Inc. for hauling services to transport approximately 2-million cubic yards of material from STA-5 to a predetermined location in the C-139 Basin in Hendry County. (Contract No. 4600003885)

Section 2. This resolution shall take effect immediately upon adoption.

PASSED and ADOPTED this 13th day of September 2018.

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

Packet Pg. 110 34.a Attachment: DOC082818 (Resolution No. 2018 - 0921 : Hauling Services Contract Clewiston Field Station Area of Responsibility, Hendry

Packet Pg. 111 34.a Attachment: DOC082818 (Resolution No. 2018 - 0921 : Hauling Services Contract Clewiston Field Station Area of Responsibility, Hendry

Packet Pg. 112 34.a Attachment: DOC082818 (Resolution No. 2018 - 0921 : Hauling Services Contract Clewiston Field Station Area of Responsibility, Hendry

Packet Pg. 113 35

M E M O R A N D U M

TO: Governing Board Members

FROM: Joel Arrieta, Division Director

DATE: September 13, 2018

SUBJECT: Grading Contract for District Levees (Staff contact, Tom DeBold, ext. 2124)

Agenda Item Background: Grading of District levees is necessary to maintain the required design elevations for levees, ensuring that levees perform their intended flood control purpose. In addition, grading of levees is required to ensure that the tops of levees are suitable for motor vehicles and equipment used to maintain, operate and access the flood control system and stormwater treatment areas. This grading services contract for the Clewiston and West Palm Beach Field Station areas of responsibility provides for the annual grading of approximately 1,304 miles of levees, primarily within the stormwater treatment areas (i.e., STA -1E, STA-1W, STA 2, STA-3/4, STA-5, STA-6 and the A-1 FEB) and various rights of way.

Purchase orders were issued to JMS Construction Services, Inc. (JMS) for grading services in FY18. During the first grading cycles, District staff determined that JMS was not performing the work to meet District expectations or requirements. As a result, JMS was issued a stop work notice after the second grading cycles by the District’s Procurement Bureau. Initially, the District reached out to the other vendors that bid on this original contract to determine if any of those vendors could perform the work. However, an agreement with these vendors could not be reached, and a new grading solicitation for bids was issued. Westwind Contracting, LLC was not only the lowest responsive and responsible bidder, it was also the lowest bidder of all the bids received.

Core Mission and Strategic Priorities: Proper grading of District levees must be provided to ensure that levees perform the flood control purpose for which they were designed, and to make sure that the tops of levees are suitable for motor vehicles and equipment used to maintain, operate and access the flood control system and stormwater treatment areas.

Staff Contact and/or Presenter: Tom DeBold, [email protected]. 561-682-2124

Packet Pg. 114 35

SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0922

A Resolution of the Governing Board of the South Florida Water Management District authorizing a 3-year contract with two 1-year renewal options with Westwind Contracting, LLC, the lowest responsive and responsible bidder, for grading services of levees within stormwater treatment areas and District rights of way in Hendry and Palm Beach counties and portions of Broward, Glades, and Lee counties in an amount not-to-exceed $1,118,832, subject to Governing Board approval of future year budgets; providing an effective date. (Contract No. 4600003898)

WHEREAS, the Governing Board of the South Florida Water Management District deems it necessary, appropriate and in the public interest to enter into a 3-year contract with two 1-year renewal options (Contract No. 4600003898) with Westwind Contracting, LLC, for grading services of levees, primarily within the stormwater treatment areas (i.e., STA-1E, STA-1W, STA-2, STA-3/4, STA-5, STA-6 and the A-1 FEB) and various rights of way, in Hendry and Palm Beach counties and portions of Broward, Glades and Lee counties in an amount not-to-exceed $1,118,832, subject to Governing Board approval in future year budgets.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

Section 1. The Governing Board of the South Florida Water Management District hereby approves the contract with Westwind Contracting, LLC for grading services of levees within the Clewiston and West Palm Beach Field Station areas of responsibility. (Contract No. 4600003898)

Section 2. This resolution shall take effect immediately upon adoption.

PASSED and ADOPTED this 13th day of September, 2018.

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

Packet Pg. 115 35.a

SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOTICE OF INTENT TO AWARD

RFB No.: 6000000908 Title: Roadway Grading Services, Clewiston and West Palm Beach Field Stations, Hendry and Palm Beach Counties, FL SBE Availability (%): Opening Date: August 29, 2018 @ 2:30 P.M. SBE Bid Equalization (%): Total Bids Received: 10 Advertised date: July 30 & August 2, 2018 Bids Received from SBEs: 2 Advertised in: Palm Beach Post (7/30) Total Bid Packages Distributed:42 Clewiston News (8/2) Bid Packages Distributed to SBEs: 14 No-Bids Received: 32 Contract Specialist: Jose Esquivel No Answers: 0 Project Manager: Amy Dillon

BIDDERS BID AMOUNT Westwind Contracting, Inc. $156.00/mile Lochsa Grading & Development, LLC $165.00/mile JMS Construction Services, Inc. $174.95/mile Hardrives, Inc. $179.50/mile Ridgdill & Son, Inc. $180.00/mile LM Heavy Civil Construction, LLC $230.00/mile Capling Leveling, Inc. $232.19/mile Bergeron Land Development, Inc. $255.50/mile Eagle Engineering & Land Development, Inc. $305.00/mile Ranger Construction Industries, Inc. $328.00/mile

The bid amounts indicated above are as submitted at the bid opening and are subject to verification. Award of the contracts to the lowest bidder is subject to the District's determination that the bid is responsive and that the bidder is responsible as indicated by the signatures below.

Approvals required in numerical order. Signatures must be dated. Project Manager - Attach detailed justification that recommended bidder is responsive and responsible. 1. ______Project Manager Date Recommendation for award to low bidder? □ Yes □ No 2. ______Section Administrator Date

3. ______If no, recommend award to: Bureau Chief Date

______4. ______Division Director Date Basis of recommendation: ______5. ______Contract Specialist Date

______6. ______Contract Manager Date

Governing Board approval of award or contract required? 7. ______□ Yes □ No Office of Counsel * Date

*Signature only required when recommendation of award is to other 8. ______than low bid (when low bidder has been deemed non-responsive Procurement Bureau Chief Date and/or non-responsible). CS or PM must provide backup as appropriate in all cases. (Insert N/A if not applicable.) NOTE: This form shall serve as the District’s Notice of a decision or intended Posting Date: ______decision as defined in Section 120.57(3)(a) F.S., and Chapter 28-110, Florida Posting Time: ______Administrative Code (F.A.C.). Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or Initials:______other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes. Any protest or bond or other security must be filed with the District Clerk.

Attachment: RFB 600000908 Bid Tab_NOITA (Resolution No. 2018 - 0922 : Grading Contract for District Levees (Staff contact, Tom DeBold, ext. Rev 8/15/2013 Packet Pg. 116 36

M E M O R A N D U M

TO: Governing Board Members

FROM: John P. Mitnik, Chief Engineer

DATE: September 13, 2018

SUBJECT: Microwave Tower Inspection Services (Staff contact, John P. Mitnik, ext. 2679)

Agenda Item Background: As part of the District’s Operations and Maintenance Capital Improvement Program, staff is seeking to obtain contractual inspection services for the District’s 58 microwave communication towers. Earlier this year District staff issued a Request for Proposals to obtain inspection services to evaluate the tower infrastructure and assess the maintenance needs for each tower. Inspection results are used to identify critical issues early and avoid costly emergency repairs.

Core Mission and Strategic Priorities: Microwave communication towers are the District’s communications backbone for vital telemetry information from the SCADA systems. The towers connect most of the Districts' flood control structures and Field Stations to the Command and Control Centers, the District Headquarters’ Control Room, and the Emergency Operation Center (EOC).

Real-time communication across the telemetry networks is critical in supporting the District’s mission of flood control, environmental monitoring, assessment, and protection. There were two responses to the Request for Proposal.

Funding Source: This is a three-year contract with two (2) one-year extensions at the discretion of the District with Civil Services, Inc. for a not-to-exceed amount of $750,000, which is subject to Governing Board approval of future year budgets.

Staff Contact and/or Presenter: Rich Virgil, [email protected], 561-682-6759

Packet Pg. 117 36

SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0919

A Resolution of the Governing Board of the South Florida Water Management District authorizing the official ranking of firms and entering into a three-year contract, with two (2) one-year extensions, with Civil Services, Inc.; subject to successful negotiations to provide professional engineering services for the District Tower Inspection Program, in an amount not-to-exceed $750,000, subject to Governing Board approval of future year budgets; providing an effective date. (Contract No. 4600003878)

WHEREAS, the Governing Board of the South Florida Water Management District deems it necessary, appropriate and in the public interest to authorize the official ranking of firms and entering into a three-year contract, with two (2) one-year extensions, with Civil Services, Inc.; subject to successful negotiations to provide professional engineering services for the District Tower Inspection Program, in an amount not-to-exceed $750,000, subject to Governing Board approval of future year budgets.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

Section 1. The Governing Board of the South Florida Water Management District authorizes the official ranking of firms and approves entering into a contract with Civil Services, Inc.; subject to successful negotiations to provide professional engineering services for the District's Tower Inspection Program in an amount not-to-exceed $750,000, subject to Governing Board approval of future year budgets. (Contract No. 4600003878)

Section 2. This resolution shall take effect on October 1, 2018.

PASSED and ADOPTED this 13th day of September, 2018.

Packet Pg. 118 36

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

Packet Pg. 119 36.a Attachment: RFP 6000000893 Authorization to Proceed and Scoring - APPROVED (Resolution No. 2018 0919 : Microwave Tower Inspection

Packet Pg. 120 36.a Attachment: RFP 6000000893 Authorization to Proceed and Scoring - APPROVED (Resolution No. 2018 0919 : Microwave Tower Inspection

Packet Pg. 121 40

M E M O R A N D U M

TO: Governing Board Members

FROM: Terrie Bates, Director, Water Resources Division

DATE: September 13, 2018

SUBJECT: 2018 Lower East Coast Water Supply Plan Update

Agenda Item Background: Staff will provide an overview of the Draft 2018 Lower East Coast (LEC) Water Supply Plan Update. Water supply plans are updated every 5 years and are developed to identify sustainable waters supplies for all water users while protecting water resources and related natural systems. The LEC Planning Region includes Palm Beach, Broward and Miami-Dade counties, most of Monroe County and the eastern portions of Hendry and Collier counties. The water supply elements of this planning region rely on dry- season deliveries from Lake Okeechobee, which are affected by the 2008 Lake Okeechobee Regulation Schedule (LORS08). The USACE is accelerating repairs to the Herbert Hoover Dike and will concurrently revise LORS08 beginning with the formulation and evaluation of alternatives in 2019. Water Supply for water users and the environment are among the many performance measures to be evaluated in the Regulation Schedule update. Future LEC Water Supply Plans will reflect the outcome of the Lake Okeechobee Regulation Schedule Update. The Draft 2018 LEC Water Supply Plan Update is scheduled to be brought to the November Governing Board meeting for action.

Staff Contact and/or Presenter: Mark Elsner, [email protected], 561-682-6156

Packet Pg. 122 41

M E M O R A N D U M

TO: Governing Board Members

FROM: Eva Velez,

DATE: September 13, 2018

SUBJECT: Emergency Estuary Protection Wells Implementation Strategy Update (Staff contacts, Ansley Marr, ext.

Agenda Item Background: In March 2018, staff updated WRAC with the concept for using Emergency Estuary Protection Wells (EEPW) in the Northern Everglades as an alternative discharge method to help reduce excessive discharges to the estuaries. This presentation provides the results of the site evaluation study identified within Phase 1 of the EEPW work plan.

Additional Background: Estuary Protection Wells formally known as Deep Injection Wells (DIWs) were initially included in the Lake Okeechobee Watershed Restoration Project (LOWRP), a joint cost-sharing effort between the District and the U.S. Army Corps of Engineers (USACE) to protect coastal estuaries from harmful Lake Okeechobee discharges. In April 2017, the USACE recommended removing DIWs as a management measure from the LOWRP study alleging uncertainty regarding the regional impact of this technology and its benefit to the Comprehensive Everglades Restoration Plan (CERP) as additional CERP project features are completed. In response to the USACE' recommendation, the Governing Board directed staff in June 2017 to evaluate the feasibility of EEPW large scale implementation as a long-term solution that, coupled with capital projects, aims to reduce harmful discharges to the Caloosahatchee and the St. Lucie Estuaries, or as an interim measure to provide additional storage while treatment and conveyance capacity are constructed south of Lake Okeechobee. In response, District staff developed a 3- phase workplan that identifies the tasks, resources, timing and costs associated with implementing the solution. The team has completed the site evaluation to determine the best locations to proceed with two test wells. Staff concurrently is developing design standards for the wells and an underground seismic evaluation of various sites is proceeding to provide additional subsurface data necessary to determine capacities.

Core Mission and Strategic Priorities: A comprehensive effort is underway to protect and restore the Lake Okeechobee and the St. Lucie and Caloosahatchee Estuaries. EEPWs can be used as an alternative discharge method to help reduce or eliminate excessive discharges to the estuaries.

Staff Contact and/or Presenter: Ansley Marr, [email protected], ext. 6419

Packet Pg. 123 42

M E M O R A N D U M

TO: Governing Board Members

FROM: Terrie Bates, Director, Water Resources Division

DATE: September 13, 2018

SUBJECT: Amendments to Rule 40E-8.221, Florida Administrative Code to Revise the Minimum Flows and Leve

Agenda Item Background: In 2010, the Governing Board provided direction and funding to implement 11 new research studies on the Caloosahatchee River to re-evaluate the existing Minimum Flows and Levels (MFL) rule. In 2016, the 11 studies were presented for review and technical input at a 2-day Public Science Symposium in Ft. Myers. Since then, additional scientific analyses and modeling were conducted to develop revised MFL criteria. In 2017, a 5-member panel of independent scientific experts reviewed the draft MFL Technical Document, visited the Caloosahatchee River and held a public peer review session. The District received a very positive peer review of the MFL technical document and the scientific approaches and methodologies used to revise the MFL criteria. In 2018, two rule development public workshops were held in Ft Myers. In response to public input, District scientists have completed additional scientific analyses and revised the duration criteria of the MFL rule.

Core Mission and Strategic Priorities: One of the District’s core mission and strategic priorities is to protect and conserve Florida’s water resources. The MFL program is one water resource protection tool designed to protect regionally important water resources from significant harm.

Funding Source: Rulemaking activities have been completed using in-house staff resources.

Staff Contact and/or Presenter: Don Medellin, [email protected], 561-682-6340 Terrie Bates, [email protected], 561-682-6952

Packet Pg. 124 42.a

THE PROPOSED RULE CHANGES ARE SHOWN WITH UNDERLINED TEXT:

40E-8.221 Minimum Flows and Levels (MFLs): Surface Waters. The MFLs contained in this Part identify the point at which further withdrawals would cause significant harm to the water resources, or ecology, of the area as applicable, pursuant to Sections 373.042 and 373.0421, F.S. It is the District’s intent to correct or prevent the violation of these MFLs through management of the water resources and implementation of a recovery strategy. (1) No Change. (2) Caloosahatchee River. The MFL for the Caloosahatchee River is the 30-day moving average flow of 400 cubic feet per second (cfs) at S-79. (a) A MFL exceedance occurs during a 365-day period when the 30-day moving average flow at S-79 is below 400 cfs and the 30-day moving average salinity exceeds 10 at the Ft. Myers salinity monitoring station (located at latitude 26° 38' 57.84" N, longitude 81° 52' 5.68" W). Salinity at the Ft. Myers salinity monitoring station shall be measured at 20% of the total river depth at mean low water. (b) A MFL violation occurs when a MFL exceedance occurs more than once in a 5-year period (3)–(5) No Change. Rulemaking Authority §§ 9, 10 P.L. 83-358, 373.042, 373.044, 373.113, 373.119, 373.129, 373.136, 373.171 FS. Law Implemented 373.016, 373.036, 373.042, 373.0421, 373.175, 373.216, 373.219, 373.223, 373.246, 373.709 FS. History–New 9-10-01, Amended 4-1-03, 12- 12-06., ______

Attachment: Proposed Rule Changes_Caloosahatchee MFL (4345 : Amendments to 40E-8.221, Florida Administrative Code Revise the

Packet Pg. 125 43

M E M O R A N D U M

TO: Governing Board Members

FROM: John P. Mitnik, Chief Engineer

DATE: September 13, 2018

SUBJECT: S-5A Contract Extension for Brown & Caldwell, Inc. (Staff contact, Alan Shirkey, ext. 2579)

Agenda Item Background: As part of the Operations and Maintenance Capital Program, the S-5A Repowering and Automation Project is located in Palm Beach County along the south side of the C-51 Canal. The primary purpose of the S-5A, the largest of all the District’s pump stations, is to move surplus stormwater from the L-10 and L-12 basins, and the S-5A agricultural area, into Water Conservation Area No.1. A project to repower and automate the pump station is currently under construction and will continue for the next four years. Brown & Caldwell Corporation is the engineer of record for the project and is performing the engineering during construction services. The Brown & Caldwell Corporation contract requires a time extension to February 15, 2022 and additional funds not-to-exceed $5,000,000 to provide this service through the end of the construction project.

Core Mission and Strategic Priorities: The S-5A Repowering and Automation Project supports the District’s core mission of flood control.

Funding Source: The funds are budgeted through the Operations and Maintenance Capital Program.

Staff Contact and/or Presenter: Alan Shirkey, [email protected], 561-682-2579

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SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0923

A Resolution of the Governing Board of the South Florida Water Management District to authorize an amendment to Contract Number 4600002851 with Brown & Caldwell Corporation for Engineering During Construction Services for the S-5A Repowering & Automation Project, to extend the term 595 days, from June 30, 2020 to February 15, 2022, in an amount not-to-exceed $5,000,000, for which $250,000 is budgeted, and the remainder is subject to Governing Board approval of future year budgets; providing an effective date.

WHEREAS, the Governing Board of the South Florida Water Management District deems it necessary, appropriate, and in the public interest to issue a Contract Extension through February 15, 2022, in an amount not-to-exceed 5,000,000.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

Section 1. The Governing Board of the South Florida Water Management District hereby authorizes the extension of Contract Number 4600002851 with Brown & Caldwell Corporation.

Section 2. This Resolution shall take effect immediately upon adoption.

PASSED and ADOPTED this 13th day of September, 2018.

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

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M E M O R A N D U M

TO: Governing Board Members

FROM: John P. Mitnik, Chief Engineer

DATE: September 13, 2018

SUBJECT: C-43 Reservoir Package 2 Pump Station S-476 Bypass Change Order (Staff contact, Alan Shirkey, ext.

Agenda Item Background: As part of the Comprehensive Everglades Restoration Plan (CERP), the C-43 Reservoir project site in Hendry County covers approximately 10,000 acres. In March 2016, the Governing Board approved a construction contract for the C-43 Reservoir Pump Station S-476 Project to construct an irrigation water supply pump station. This change order is needed to install a temporary pipeline and excavate a canal to connect the pump station to the existing irrigation canal system to continue water supply during construction. This change order will allow construction of the Package 4 Civil Works project to proceed more expeditiously while providing a more reliable water supply to surrounding landowners.

Core Mission and Strategic Priorities: The C-43 Reservoir Pump Station S476 Project supports the District’s core mission of ecosystem restoration.

Funding Source: The project will be funded through dedicated funds (Save Our Everglades Trust Fund) and is eligible for cost crediting by the U.S. Army Corps of Engineers through the Project Cooperation Agreement.

Staff Contact and/or Presenter: Alan Shirkey, [email protected], 561-682-2579

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SOUTH FLORIDA WATER MANAGEMENT DISTRICT Resolution No. 2018 - 0924

A Resolution of the Governing Board of the South Florida Water Management District authorizing Change Order No. 4 to Contract No. 4600003389 with Harry Pepper and Associates, Inc., for the construction of the C-43 Reservoir Package 2 Pump Station S-476 Bypass, in the amount of $1,500,000 for which dedicated funds (Save Our Everglades Trust Fund) are budgeted; providing an effective date.

WHEREAS, the Governing Board of the South Florida Water Management District deems it necessary, appropriate, and in the public interest to issue Change Order No. 4 for the additional amount of $1,500,000.

NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT:

Section 1. The Governing Board of the South Florida Water Management District hereby authorizes Change Order No. 4 to Contract Number 4600003389.

Section 2. This Resolution shall take effect immediately upon adoption.

PASSED and ADOPTED this 13th day of September, 2018.

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: ______Chairman

Attest: Legal form approved: By: ______District Clerk/Secretary Office of Counsel

Print name:

______

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M E M O R A N D U M

TO: Governing Board Members

FROM: Dorothy Bradshaw, Director, Administrative Services Division

DATE: September 13, 2018

SUBJECT: Monthly Financial Statement – July 31, 2018

This report provides an overview of the District’s unaudited financial activity for Fiscal Year 2017- 2018, including revenue collections, expenditures and encumbrances made against the $1.1 billion current budget, including a preliminary encumbrance carryforward from Fiscal Year 2016- 2017 of $297.5 million. The carryforward is predominantly planning, design and construction of large restoration projects. Encumbrances represent orders for goods and services which have not yet been received. Attached is a summary in the State Program format in compliance with Section 373.536(4)(e), Florida Statutes, which states that each District shall provide a monthly financial statement in the form and manner prescribed by the Department of Financial Services to the District’s Governing Board and make such monthly financial statement available for public access on its website.

Summary of Revenue Sources- New operating revenue (excluding prior year reserves) totals $495.3 million. Including reserves, the total Fiscal Year 2017-2018 revenue sources collected were 73.1% of budget or $773.7 million.

• Tax revenues in the amount of $287.3 million or 100.8% were collected through the Tax Collectors within the District’s 16 counties. Compared to the five-year average of 100.6%, as of the end of July, ad valorem collections are ahead by 0.2%. The total amount of the District levied was $288.4 million and was discounted to $274 million for budgeting purposes.

• Intergovernmental revenues of $149.4 million were recognized as of the end of July. Intergovernmental revenues are comprised of local, state and federal sources with the majority being allocated by the Florida Legislature. Specific funding sources include Save Our Everglades Trust Fund, Land Acquisition Trust Fund, Florida Fish and Wildlife Conservation Commission, Natural Resources Conservation Service and U.S. Army Corps of Engineers federal cost share of transferred projects. The majority of these revenues are received through reimbursement requests submitted quarterly based on actual expenses incurred.

• Investment Earnings of $8.7 million were recognized as of the end of July. Last year, at this time, $6.7 million was recognized.

• Mitigation and permit application fees of $11.9 million have been received, including $6.7 million from Lake Belt mitigation fees, $2 million from Loxahatchee mitigation, $2.5 million from environmental resource permits and $482K from water use permits.

• Other budgeted revenue includes leases, sale of district property and revenue supporting District self-insured programs: Attachment: 46_Monthly Financial Statement_month ending July 2018 (4337 : Monthly Report - Dorothy Bradshaw)

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o $2.9 million in rock mining royalties have been collected and $3.9 million in lease revenues, for a total of $6.8 million. The timing of revenues received is based on the fee schedules within the agreements. o $726K has been collected from cash discounts refunded from prior year expenditures, civil penalties, enforcement fees, and sale of recycled oil and scrap metal. o $8.3 million from the sale of District personal and real property has been received. This amount includes $175,001 for 0.79 acre of the C-10 Project in Broward County, $167,005 for 20.03 acres in Okeechobee County, $2,975,460 as the first of three installments for 581.24 acres in Palm Beach County and $4,494,600 for 32.65 acres in Broward County. o $22.1 million in revenues recognized through the end of July for the District’s self-insured programs. This includes District funding as well as premiums paid by employees, retirees, and COBRA participants.

Summary of Expenditure and Encumbrance – the District has spent $405.9 million and has encumbered $297.8 million of its budget. The District has obligated (encumbrances plus expenditures) $703.7 million of its budget.

• Water Resources Planning and Monitoring Program includes water supply and other water resources planning, development of minimum flows and levels and technical assistance (including local and regional plan and program review). District regional water supply plans for each planning area address the unique resources and needs of specific regions – Lower West Coast, Upper and Lower East Coast, Upper and Lower Kissimmee Basin. District work includes research, data collection, modeling, environmental monitoring and assessment activities that support various regulatory-driven mandates/agreements and comply with federal and state-issued permits for all restoration projects. Of the $59.1 million budgeted for this program, the District has obligated $47.3 million: $37.2 million expended and $10.1 million encumbered.

• Acquisition, Restoration and Public Works Program includes the acquisition, planning, design, engineering and construction of all restoration projects unique to the District including: Kissimmee River Restoration Project, Northern Everglades and Estuaries Protection Program (NEEPP), Everglades Forever Act (EFA), Critical Restoration, Comprehensive Everglades Restoration Plan (CERP) and the Governor’s Restoration Strategies (RS). This category also includes water resource development and water supply assistance projects, water control projects and cooperative projects. Of the $619.8 million budgeted for this program, the District has obligated $397 million: $153.9 million expended and $243.1 million encumbered.

• Operation and Maintenance of Lands and Works Program includes all operation and maintenance of facilities, flood control and water supply structures, lands, and other works authorized by Chapter 373, F.S. District specific operation and maintenance of a multi- purpose water management system comprised of over 4,098 miles of canals and levees, 692 water control structures and weirs, 71 pumping stations and 618 smaller project culverts, of the Central and Southern Florida (C&SF) Project, Big Cypress Basin system, Storm Water Treatment Areas (STA’s), CERP and RS completed projects. Of the $318.6 million budgeted for this program, the District has obligated $209.2 million: $166.6 million expended and $42.6 million encumbered. Attachment: 46_Monthly Financial Statement_month ending July 2018 (4337 : Monthly Report - Dorothy Bradshaw)

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• Regulation Program includes permitting for: water use, environmental resource, surface water management, water well construction and contractor licensing; permit administration, enforcement and any delegated regulatory program. Other regulatory enforcement activities include the Southern and Northern Everglades Nutrient Source Control Program, and the Everglades Long-Term Plan, which mandates the implementation of Best Management Practices (BMP) programs in the Everglades Construction Project (ECP) and non-ECP Basins for the Southern Everglades. Of the $21.8 million budgeted for this program, the District has obligated $16.2 million: $16 million expended and $0.2 million encumbered.

• Outreach Program - of the $1.1 million budgeted for this program, the District has obligated $886K: $882K expended and $4K encumbered.

• District Management and Administration includes all Governing and Basin Board support, management, information technology, general counsel, procurement, human resources, budget, finance, audit, risk management, and administrative support services. Of the $37.7 million budgeted for this program, the District has obligated $32.9 million: $31.2 million expended and $1.7 million encumbered.

We hope this report will aid in understanding the District’s financial condition as well as expenditure performance against the approved budget. If you have any questions, please feel free to contact me at (561) 682-2823 or Candida Heater at (561) 682-6486.

DB/CJH Attachment Attachment: 46_Monthly Financial Statement_month ending July 2018 (4337 : Monthly Report - Dorothy Bradshaw)

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South Florida Water Management District Statement of Sources and Uses of Funds (Unaudited) For the month ended: July 31, 2018. Percent of fiscal year completed: 83.33%

ACTUALS CURRENT THROUGH July VARIANCE (UNDER) / ACTUALS AS A BUDGET 2018 OVER BUDGET % OF BUDGET Sources Taxes1 $ 285,058,862 $ 287,328,376 $ 2,269,514 100.8% Intergovernmental Revenues 446,586,003 149,404,735 (297,181,268) 33.5% Interest on Invested Funds 6,100,000 8,678,418 2,578,418 142.3% License and Permit Fees 3,311,000 11,889,499 8,578,499 359.1% Other2 38,810,483 37,994,431 (816,052) 97.9% SUB-TOTAL OPERATING REVENUES 779,866,348 495,295,459 (284,570,889) 63.5% Reserves 278,373,835 278,373,835 - 100.0% Total Sources $ 1,058,240,183 $ 773,669,294 $ (284,570,889) 73.1%

1 Includes Ad Valorem and Agricultural Privilege Taxes 2 Includes Leases, Sale of District Property, and Self Insurance Premiums

CURRENT AVAILABLE % % 3 4 BUDGET EXPENDITURES ENCUMBRANCES BUDGET EXPENDED OBLIGATED Uses Water Resources Planning and Monitoring $ 59,098,785 $ 37,212,445 $ 10,146,063 $ 11,740,277 63.0% 80.1% Acquisition, Restoration and Public Works 619,817,375 153,935,615 243,102,468 222,779,292 24.8% 64.1% Operation and Maintenance of Lands and Works 318,632,564 166,619,850 42,617,821 109,394,893 52.3% 65.7% Regulation 21,828,682 15,972,150 258,702 5,597,830 73.2% 74.4% Outreach 1,116,934 881,606 4,566 230,761 78.9% 79.3% Management and Administration 37,745,843 31,252,303 1,701,942 4,791,599 82.8% 87.3% Total Uses $ 1,058,240,183 $ 405,873,968 $ 297,831,562 $ 354,534,652 38.4% 66.5%

3 Encumbrances represent unexpended balances of open purchase orders and contracts. 4 Represents the sum of expenditures and encumbrances as a percentage of the current budget.

This unaudited financial statement is prepared as of July 31, 2018, and covers the interim period since the most recent audited financial statements. Attachment: 46_Monthly Financial Statement_month ending July 2018 (4337 : Monthly Report -

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SFWMD Regulation Governing Board Report September 13, 2018

Monthly Public Meeting

• Last meeting held August 15, 2018 (minutes attached) • There were no public comments

Permits Issued • 6 Individual Permits approved in August o All were Consumptive Use Permits

Regulatory Public Meeting Schedule • The next Regulatory Public Meeting will be held September 19, 2018, at 10:00 a.m., District Headquarters, B-1 Auditorium. o The meeting will be available by webcast and video-conference at Okeechobee, Orlando and Fort Myers Service Centers. Attachment: Executive_ Summary_2018_9 (4369 : Executive Director's Report - Ernie Marks)

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TABLE OF CONTENTS INDIVIDUAL PERMITS ISSUED BY AUTHORITY DELEGATED TO EXECUTIVE DIRECTOR FROM August 1, 2018 TO August 27, 2018

PAGES I PERMIT APPLICATIONS 1 BROWARD COUNTY 2 COLLIER COUNTY 3 MARTIN COUNTY 4 OSCEOLA COUNTY 5 PALM BEACH COUNTY Attachment: IP Issued by ED - August (4369 : Executive Director's Report Ernie Marks)

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1. PARKLAND GOLF AND COUNTRY CLUB FOUNDATION, INC. APPL. NO. 180404-9 PARKLAND GOLF AND COUNTRY CLUB FOUNDATION, INC. PERMIT NO. 06-03998-W SEC 32,33,4,5 TWP 47,48S RGE 41,41E ACREAGE: 113.60 LAND USE: LANDSCAPE

PERMIT TYPE: WATER USE MODIFICATION/RENEWAL WATER SOURCE: ON-SITE LAKE(S) ALLOCATION: 22.21 MILLION GALLONS PER MONTH LAST DATE FOR AGENCY ACTION: OCTOBER 30, 2018 ______Attachment: IP Issued by ED - August (4369 : Executive Director's Report Ernie Marks)

1 Packet Pg. 136 COLLIER COUNTY 48.b ______

1. HERITAGE BAY APPL. NO. 180315-14 HERITAGE BAY GOLF AND COUNTRY CLUB INC. PERMIT NO. 11-02235-W SEC 13, 23, 24 TWP 48S RGE 26E ACREAGE: 248.45 LAND USE: GOLF COURSE LANDSCAPE PERMIT TYPE: WATER USE MODIFICATION/RENEWAL WATER SOURCE: ON-SITE LAKE(S),LOWER TAMIAMI AQUIFER ALLOCATION: 40.6 MILLION GALLONS PER MONTH LAST DATE FOR AGENCY ACTION: OCTOBER 11, 2018 ______Attachment: IP Issued by ED - August (4369 : Executive Director's Report Ernie Marks)

2 Packet Pg. 137 MARTIN COUNTY 48.b ______

1. PORT MAYACA PLANTATION APPL. NO. 180620-13 PORT MAYACA PLANTATION PROPERTY OWNERS' PERMIT NO. 43-02096-W ASSOCIATION INC. SEC 22, 26-29 TWP 39S RGE 37E ACREAGE: 117.00 LAND USE: DIVERSION AND IMPOUNDMENT LANDSCAPE PERMIT TYPE: WATER USE EXISTING/PREVIOUSLY PERMITTED WATER SOURCE: SFWMD CANAL (L-47) ALLOCATION: 147.09 MILLION GALLONS PER MONTH LAST DATE FOR AGENCY ACTION: OCTOBER 24, 2018 ______Attachment: IP Issued by ED - August (4369 : Executive Director's Report Ernie Marks)

3 Packet Pg. 138 OSCEOLA COUNTY 48.b ______

1. GOLDEN CITRUS SOD FIELD APPL. NO. 180627-5 DEEN STILL PROPERTIES, LLC PERMIT NO. 49-02700-W SEC 32,33 TWP 27S RGE 32E ACREAGE: 724.54 LAND USE: AGRICULTURAL

PERMIT TYPE: WATER USE EXISTING/PREVIOUSLY PERMITTED WATER SOURCE: UPPER FLORIDAN AQUIFER ALLOCATION: 165.57 MILLION GALLONS PER MONTH LAST DATE FOR AGENCY ACTION: OCTOBER 24, 2018 ______

2. H&O SOD JOE OVERSTREET ROAD SOD FIELD APPL. NO. 180607-10 H&O SOD CO, INC. PERMIT NO. 49-02697-W SEC 23 TWP 29S RGE 31E ACREAGE: 344.00 LAND USE: AGRICULTURAL

PERMIT TYPE: WATER USE PROPOSED WATER SOURCE: UPPER FLORIDAN AQUIFER ALLOCATION: 59.49 MILLION GALLONS PER MONTH LAST DATE FOR AGENCY ACTION: OCTOBER 11, 2018 ______Attachment: IP Issued by ED - August (4369 : Executive Director's Report Ernie Marks)

4 Packet Pg. 139 PALM BEACH COUNTY 48.b ______

1. OCEAN BREEZE GOLF & COUNTRY CLUB APPL. NO. 180118-2 GREATER BOCA RATON BEACH AND PARK DISTRICT PERMIT NO. 50-00088-W SEC 5,6, TWP 47S RGE 43E ACREAGE: 196.00 LAND USE: GOLF COURSE

PERMIT TYPE: WATER USE RENEWAL WATER SOURCE: BISCAYNE AQUIFER,LWDD CANAL (L-40E),ON-SITE LAKE(S) ALLOCATION: 40.47 MILLION GALLONS PER MONTH LAST DATE FOR AGENCY ACTION: OCTOBER 8, 2018 ______Attachment: IP Issued by ED - August (4369 : Executive Director's Report Ernie Marks)

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South Water Management District

Public Meeting to Discuss Regulatory Matters

August 15, 2018 10:00 a.m. South Florida Water Management District - B-1 Auditorium 3301 Gun Club Road, West Palm Beach, FL 33406

MEETING MINUTES

Staff Present:

Jill Creech, Director, Regulation Division Anthony Waterhouse, Assistant Director, Regulation Division Marc Ady, Regulation Service Center Administrator, Orlando Service Center Melissa Roberts, Regulation Service Center Administrator, Fort Myers Service Center Gary Priest, Section Leader, Okeechobee Regulatory Office Nick Vitani, Section Leader, Water Use Bureau Barbara Conmy, Section Leader, Environmental Resource Bureau

1. Call to Order

The meeting was called to order by Jill Creech at 10:00 a.m. Mrs. Creech reviewed the purpose of the meeting and stated that webcasting was available. Service Center staff introduced themselves and noted that there were no members of the public present at the Fort Myers, Okeechobee and Orlando Service Centers. There were no members of the public present in West Palm Beach.

Attachment: reg_minutes_2018_8 (4369 : Executive Director's Report - Ernie Marks) 2. Adjourn

Mrs. Creech thanked everyone for coming, stated that information for all applications and permits is available online using ePermitting, and noted that the next regulatory public meeting will be held on September 19, 2018.

The meeting was adjourned at 10:02 a.m.

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