South Florida Water Management District
GOVERNING BOARD MONTHLY MEETING
AGENDA
This meeting is open to the public

December 11, 2014
9:00 AM
District Headquarters - B-1 Auditorium
3301 Gun Club Road
West Palm Beach, FL 33406
DRAFT
Pursuant to Section 373.079(7), Florida Statutes, all or part of this meeting may be conducted
by means of communications media technology in order to permit maximum participation of
Governing Board members.
The Governing Board may take official action at this meeting on any item appearing on this
agenda and on any item that is added to this agenda as a result of a change to the agenda
approved by the presiding officer of the meeting pursuant to Section 120.525, Florida Statutes.
The order of items appearing on the agenda is subject to change during the meeting and is at
the discretion of the presiding officer. Public Comment will be taken after each presentation and
before any Governing Board action(s) except for Governing Board hearings that involve the
issuance of final orders based on recommended Orders received from the Florida Division of
Administrative Hearings.

1.

Call to Order - Dan O'Keefe, Chairman, Governing Board

2.

Pledge of Allegiance - Dan O'Keefe, Chairman, Governing Board

3.

Employee Recognitions - Presented by Blake Guillory, Executive Director
 Employee of the Month: Scott Burns, Chief Scientist, Water Resources
Division
 Team of the Month: Budget Bureau Team
 40-Year Service Award: Howard Ehmke, Lead Surveyor & Mapper,
Operations, Engineering and Construction Division
 2014 Employee of the Year: Stuart Van Horn, Section Leader, Water
Quality Bureau
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Governing Board Meeting Agenda of the South Florida Water Management District – December 11, 2014

  2014 Team of the Year: FEMA Reimbursement Team 
4.

Agenda Revisions - Jacki McGorty, District Clerk

5.

Abstentions by Board Members from items on the Agenda

6.

Water Resources Advisory Commission (WRAC) Report - Tim Sargent, Chair

7.

Big Cypress Basin Board Report - Rick Barber, Chair

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Governing Board Meeting Agenda of the South Florida Water Management District – December 11, 2014

 Consent Agenda
Members of the public wishing to address the Governing Board are to complete a Public
Comment Card and submit the card to the front desk attendant. You will be called by the Board
Chair or designee to speak. If you want to request that an item be removed from the Consent
Agenda and be discussed by the Governing Board, please advise the Governing Board when
you are called upon to speak. Governing Board directives limit comments from the public to 3
minutes unless otherwise determined by the Governing Board Chair. Your comments will be
considered by the Governing Board prior to adoption of the Consent Agenda.
Unless otherwise determined by the Chair, Board action on pulled Consent Agenda items will
occur at or after 9:00 a.m. on Thursday. Regulatory items pulled from the Consent Agenda for
discussion will be heard during the Discussion Agenda. Unless otherwise noted, all Consent
Agenda items are recommended for approval.

8.

Public Comment on Consent Agenda

9.

Pull Items for Discussion from Consent Agenda

10.

Board Comment on Consent Agenda

11.

Approval of the Minutes for the November 13, 2014, Governing Board
Regular Business meeting held in West Palm Beach, Florida.

12.

Waivers for Water Resource Advisory Commission (WRAC) members
pursuant to Section 112.313, Florida Statutes.

13.

Regulatory Consent Items
 Consent Orders
o Neal Communities of Southwest Florida, LLC; Estero Place (Lee
County) - Settlement of an enforcement action regarding non-compliance
with permit conditions due to unauthorized impacts to the conservation
easement area.

14.

Right of Way Regulatory Consent
 Petition for Waiver of District Criteria
o Staff recommends approval of a request by Broward County (Application
Number 14-0812-2M) for a modification of Right of Way Occupancy Permit to
allow minor design changes to the previously authorized shared-use pathway
with amenities (Hiatus Greenway) and waiver of the District’s criteria to allow
for the placement of informational signs with the west and east rights of way
of C-42 in Broward County.
o Staff recommends approval of a request by Florida Power & Light
Company (Application Number 14-0902-3, Permit Number 14372) for the
issuance of a Right of Way Occupancy Permit and waiver of the District’s
criteria to allow for the relocation and installation of temporary transmission
lines, poles and guy anchors running parallel to and with the southerly right of
way of the C-12 canal in Broward County. 

15.

Approve release of canal reservations. (FOLM, Kathy Massey, ext. 6835)
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Governing Board Meeting Agenda of the South Florida Water Management District – December 11, 2014

 Summary:
The District has jurisdiction over 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, who
consider the reservations to be title defects. Applications are reviewed by appropriate
District staff and applicable local governmental agencies to determine that there is no
present or future need for the reservations.
Staff Recommendation:
Staff recommends approval of the following:
 Release of Trustees canal reservations for North Broward Hospital District, a
special taxing district of the State of Florida, (File No. 10-14-1) for 8.65 acres in
Broward County
 Release of Trustees canal reservations for Joseph P. Williams, Jr., a single man,
and Lois Kay Cole, a single woman, (File No. 11-14-2) for 2.73 acres in Broward
County

16.

Revising Chapter 101, Article II, Division 2, Section 101-48 of the District
Policies Code revising delegations to the Executive Director and General
Counsel for the approval of interagency agreements delegating regulatory
responsibilities under Section 373.046(6), Florida Statutes, and any rules
promulgated thereunder, providing for inclusion in the District Policies Code;
providing for severability; providing an effective date. (REG, Sharon Trost,
ext. 6814)
Summary
This revision of the District Policies Code regarding delegations to the Executive
Director clarifies the existing policy contained in Chapter 101, Article II, Division 2,
Section 101-48 of the District Policies Code to specifically include approvals of
interagency agreements for projects that cross water management district
boundaries as set forth in Section 373.046(6), Florida Statutes, and any rules
promulgated thereunder.
Staff Recommendation
Staff recommends approval of this revision to existing District Policy.

17.

Authorize publication of the Notice of Rule Development in the Florida
Administrative Register (FAR) and request review by the Office of Fiscal
Accountability and Regulatory Reform in accordance with Executive Order
11-211 to amend, repeal, and add new rules to Chapter 40E-61 Florida
Administrative Code. (REG, Pamela Wade, ext. 6901)
Summary
The Works of the District program is a water quality regulatory program mandated by
the Florida Legislature under Chapter 373, Florida Statutes. The statute authorizes
the rule to establish criteria for ensuring that use of or connection to District works or
lands are compatible with the District’s ability to carry out the objectives of Florida
Statutes. Criteria are based on the implementation of nutrient source controls, i.e.
best management practices. Amendments are necessary to align the rule with
statutory changes that have occurred since the original rule was adopted in 1989.
As directed by the Northern Everglades and Estuaries Protection Program (NEEPP),
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Governing Board Meeting Agenda of the South Florida Water Management District – December 11, 2014

 the regulatory boundary includes the Lake Okeechobee, St. Lucie and
Caloosahatchee watersheds. The amended rule will meet the District’s watershed
protection plan commitments in these areas as well as assist in improving water
quality, including areas where Total Maximum Daily Loads and BMAPs are adopted.
Amendments will streamline permitting requirements and complement other source
control efforts, thereby leveraging resources and preventing duplication by clarifying
roles and responsibilities of affected stakeholders.
Staff Recommendation
Staff requests that the Governing Board authorize publication of the Notice of Rule
Development in the Florida Administrative Register (FAR) and request review by the
Office of Fiscal Accountability and Regulatory Reform in accordance with Executive
Order 11-211 to amend, repeal, and add new rules to Chapter 40E-61 Florida
Administrative Code.

18.

Approve the ten year update of the Allapattah Flats General Management
Plan (2014-2024). (FOLM, Steve Coughlin, ext. 2603)
Summary:
Section 373.591, Florida Statutes, and Section 140.25(6)(b), South Florida Water
Management District Policies Code, direct the District to develop a General
Management Plan that follows a designated format and provides recommended
management actions for Land Stewardship Management Areas. The District
updates these plans every ten (10) years concurrent with conducting a multi-party
land management review of the subject property which is consistent with the
timeframe and process followed by State agencies. The management plan describes
the historical, physical, and ecological aspects of the property, existing public
recreational opportunities, and the various land management functions necessary to
properly manage the area. The purpose of the management plan is to provide
guidance to District land managers for the implementation of appropriate and consistent
land management practices, to identify goals and objectives for the management of the
property, and to present the findings of the land management review team. The
Allapattah Flats Management Area was acquired in partnership with Martin County
which requires that the General Management Plan be approved by the County. The
Martin County Board of County Commissioners approved the updated management
plan at their November 18, 2014 County Commission meeting.
Staff Recommendation:
Staff recommends approval of the updated Allapattah Flats General Management
Plan (2014-2024) in accordance with Section 373.591, Florida Statutes.

19.

Authorizing entering into one-year agreements with Water Savings Incentive
Program applicants in a total amount not to exceed $250,000 for the purpose
of implementing water conservation measures. (WR, Mark Elsner, ext. 6156)
Summary
This item is for approval to authorize entering into nine one-year agreements with the
FY2015 Water Savings Incentive Program (WaterSIP) applicants in an amount not to
exceed a total of $250,000 as presented in Exhibit A of the Resolution. These
projects will result in an estimated water savings of 86 million gallons of water per
year.
WaterSIP is an annual cost-share funding program that was created in 2003 to foster
water conservation efforts of public and private water providers or users for the
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Governing Board Meeting Agenda of the South Florida Water Management District – December 11, 2014

 implementation of technology-based water conservation projects designed to save
water through demand reduction. WaterSIP has allocated $4.9M since FY2003
towards 172 projects producing an estimated water savings of 2.75 billion gallons of
water per year.
Staff Recommendation
Staff recommends that the Governing Board approve authorization to enter into oneyear agreements with the FY2015 Water Savings Incentive Program applicants
identified in Exhibit A of the Resolution. The staff requests approval should any
recommended project withdraw, reject, cancel, or if other funding becomes available
the funding be reallocated to the next project on the recommended funding list.

20.

Authorizing an amendment to an agreement with the Istokpoga Marsh
Watershed Improvement District and the Florida Department of Agriculture
and Consumer Services (FDACS) for the purpose of updating the project
schedule and for FDACS to provide additional funding in an amount not to
exceed $300,000, at no additional cost to the District. (Contract number
4600001716) (EPC, Beth Lewis, ext. 6343)
Summary
In an effort to reduce flows and nutrient loads from the Istokpoga Marsh Watershed
Improvement District (IMWID) watershed, the District has funded a basin study, land
purchases and design activities for the construction of 1,200 acres of Above Ground
Impoundments (AGIs) to be completed in three phases. This work has been done in
coordination with the Florida Department of Environmental Protection (FDEP), the
Florida Department of Agriculture and Consumer Services (FDACS) and the IMWID.
Phase 1 is currently underway with a 30% design complete and contracting for final
design and construction being pursued by IMWID with funding from FDEP.
FDACS has $300,000 to contribute to the existing three party agreement between
SFWMD, FDACS and IMWID in order to contract a ‘shovel-ready’ design for the
second phase of the project. The design will be located on the 401 acre parcel that
has been acquired for this purpose.
Staff Recommendation
Staff recommends approval of amendment six to the three party agreement which
would add $300,000 of FDACS funding to be used to design the second phase of the
AGIs.

21.

Authorize the renewal of administrative services only (ASO) 4600001886
with stop-loss coverage with CIGNA Life and Health Insurance Company, for
a 3 year period with 2 one year renewals, beginning January 1, 2015 through
December 31, 2019 in an amount not to exceed $11.0 million for the 5 year
period, subject to Governing Board approval of the FY16 through FY20
budgets, with the ability to renew for a subsequent five years based on
mutually agreeable terms. (Contract No. 4600001886) (AS, Doug Bergstrom,
ext. 6214)
Summary
On January 1, 2010, the District entered into a 3-year contract, with 2 one-year
renewals with CIGNA Life and Health Insurance Company (CIGNA) to administer the
District’s self-funded group health care plans - specifically medical, dental, and vision
coverage for District employees, retirees, and their eligible dependents.

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Governing Board Meeting Agenda of the South Florida Water Management District – December 11, 2014

 The contract with CIGNA provides a multitude of services required to maintain a
successful self-funded health plan such as claims processing, plan design, access to
CIGNA’s network of health care providers; deeply discounted heath care
provider/facility rates; pharmacy rebates; stop-loss coverage; employee assistance
programs, and wellness allowances.
The value of CIGNA’s negotiated discounts has been independently validated and its
breadth of provider networks ranks it as among the most cost effective and
accessible. Through negotiations with District staff, CIGNA has agreed to continue its
existing administrative and access fees unchanged for the next three years, effective
January 1, 2015 and provide a cap on possible renewal rates not to exceed 2
percent per year for the subsequent two years.
Staff Recommendation
Staff recommends renewing CIGNA’s administrative services only (ASO) contract
with stop-loss coverage for the District’s self-funded group health care plans for 3
years with 2 one-year renewals in an amount not-to-exceed $11.0 million for the 5
year period, subject to Governing Board approval of the FY16 through FY20
budgets, with the ability to renew for a subsequent five years based on mutually
agreeable terms.

22.

Board Vote on Consent Agenda

23.

General Public Comment

24.

Board Comment

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Governing Board Meeting Agenda of the South Florida Water Management District – December 11, 2014

 Public Hearing
25.

Amend the SFWMD Florida Forever Work Plan, 2014 Annual Update,
contained in Chapter 6A, Volume II of the 2014 South Florida Environmental
Report to modify the Pal-Mar Complex, adding 679.52 acres, more or less, of
interest in land (located in Martin County) in association with the Indian River
Lagoon – South, CERP Project. (FOLM, Ray Palmer, ext. 2246)
Summary:
Amending the 2014 SFER - Volume II, Chapter 6A presents the 2014 Florida
Forever Work Plan.
Amendment to the 2014 Work Plan Update
 Modify the Pal-Mar Complex, adding 679.52 acres, more or less. The addition
of this area to the project will expand and improve natural lands water storage
and provide more options for water quality improvements to the C-44 Canal
and the South Fork of the St. Lucie River.
Staff Recommendation:
Adopt an amendment to the SFWMD Florida Forever Work Plan, 2014 Annual
Update, contained in Chapter 6A, Volume II of the 2014 South Florida Environmental
Report, providing an effective date.

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Governing Board Meeting Agenda of the South Florida Water Management District – December 11, 2014

 Discussion Agenda
26.

Technical Reports
A) Water Conditions Report - Jeff Kivett, Division Director, Operations,
Engineering and Construction Division (ext. 2680)
B) Ecological Conditions Report - Terrie Bates, Division Director, Water
Resources Division (ext. 6952)

27.

Operations Maintenance & Construction Update (part 2) - Karen Estock,
Division Director, Field Operations & Land Management (ext. 6282)
Summary
The presentation will be a second in a series of presentations detailing OMC’s Field
Operations and Maintenance. Last month’s presentation highlighted the District’s
entire infrastructure. This month will cover how we maintain and operate the
infrastructure showing a progression from past, present and just touching on the
future. In addition the presentation will cover how the Field Stations currently
benchmark their work and will also cover efficiencies and realized savings.
Staff Recommendation
This item is for information only; no action is required.

28.

FY16 Preliminary Budget Discussion - Doug Bergstrom, Division Director,
Administrative Services Division (ext. 6214)
Summary
Staff will present an initial overview for the FY16 preliminary budget, including an
overview of key funded projects. Staff has also prepared information on a number
of policy-related issues for the Governing Board to provide feedback and guidance
on, which will shape the final preliminary submission due in January.
Staff Recommendation
This item is for information only; no action is required.

29.

Approve an agreement for sale and purchase for the acquisition by the
District and Martin County of fee title land interests containing 1,839.74 acres,
more or less, in Martin County, in the amount of $20,379,793 and associated
costs, for which dedicated funds (Florida Forever Trust Fund) are budgeted
except for a minimum of $3,200,000 to be contributed by Martin County as a
condition of the purchase, all for the Indian River Lagoon – South Project,
Pal-Mar Complex (C-44 Basin) Component in Martin County; approve
declaring surplus, disposal or, removal from the asset records, any structures
and improvements deemed unnecessary for the stated purpose of the
acquisition. (FOLM, Richard Bassell, ext. 2510)
Summary:
Tract Nos. JE100-074, JE100-081 and JE100-097 comprise a total of 1,839.74 acres
for the District’s Indian River Lagoon - South Project, Pal-Mar Complex (C-44 Basin)
Component. This acquisition represents the first acquisition for the project
component. Martin County will be granted a percentage fee simple interest in the

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Governing Board Meeting Agenda of the South Florida Water Management District – December 11, 2014

 lands acquired that will be allocated based on Martin County’s funding percentage
contribution in the amount of $3,200,000.
Tract Nos. JE100-074 (679.52 acres) and JE100-097 (18.69 acres) are not currently
included in the Florida Forever Work Plan. A concurrent item is being presented to
the Governing Board for approval of a modification to the Plan to add Tract No.
JE100-074. Tract No. JE100-097 may be added to the Plan at a later date.
Tracts JE100-074 and JE100-097 are also not currently in the Indian River Lagoon South CERP project. The lands would need to be approved by the United States
Army Corps of Engineers (USACE) as an addition to the project for the District to
receive future credit from the USACE for costs for acquisition of these Tracts.

30.

Request the release of funds in the amount of $17,179,793.00 and
associated costs from the Florida Forever Trust Fund by the Department of
Environmental Protection for the acquisition of land interests containing
1,821.05 acres, more or less, for the purchase price of $20,172,754 for the
Indian River Lagoon – South Project, Pal-Mar Complex (C-44 Basin)
Component, in Martin County. (FOLM, Richard Bassell, ext. 2510)

31.

Authorizing an eleven year contract with Adams Ranch, Inc. & Russakis
Ranch, LLC for a Dispersed Water Management Program Northern
Everglades Payment for Environmental Services Project for the purpose of
providing water retention services on ranchlands in the St. Lucie River
Watershed in an amount not to exceed $625,500, of which $50,500 is
budgeted in FY15 and the remaining is subject to Governing Board approval
of the FY16-FY25 budgets; providing an effective date. (Contract No.
4600003128) (EPC, Beth Lewis, ext. 6343)
Summary
This contract is between the SFWMD and Adams Ranch, Inc. & Russakis Ranch,
LLC. and is the result of a solicitation request from the SFWMD for the Northern
Everglades Payment for Environmental Services Program. The contract term is 11
years, allowing up to one year for implementation (design, permitting, construction,
and construction completion certification), and ten years of operation. Adams Ranch,
Inc. & Russakis Ranch, LLC will provide stormwater retention services utilizing 1,000
acres of the ranch located in the C-24 Basin of the St. Lucie River Watershed in St.
Lucie County. The estimated average annual retention is 508 acre-feet per year.
Payment for these services includes an amount not to exceed $50,500 of
reimbursement for design, permitting and construction of the necessary facilities. In
addition, on an annual basis over the ten year operational term of the contract, a
fixed payment of $57,500 for operations and maintenance costs and a service
payment will be provided as long as the project is in compliance with the contract
and subject to Governing Board approval of funding. The total not to exceed contract
cost is $625,500.
Staff Recommendation
Staff recommends approval of this contract with Adams Ranch, Inc. & Russakis
Ranch, LLC. The project has been through a thorough solicitation process and is
cost effective compared to other payment for environmental services initiatives.

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Governing Board Meeting Agenda of the South Florida Water Management District – December 11, 2014

 32.

Authorizing an eleven year contract with Babcock Property Holdings, LLC for
a Dispersed Water Management Program Northern Everglades Payment for
Environmental Services Project for the purpose of providing water retention
services on ranchlands in the Caloosahatchee River Watershed in an amount
not to exceed $1,409,365, of which $189,367 is budgeted in FY15 and the
remaining is subject to Governing Board approval of the FY16-FY25 budgets;
providing an effective date. (Contract No. 4600002879) (EPC, Beth Lewis,
ext. 6343)
Summary
This contract is between the SFWMD and Babcock Property Holdings, LLC and is
the result of a solicitation request from the SFWMD for the Northern Everglades
Payment for Environmental Services Program. The contract term is 11 years,
allowing up to one year for implementation (design, permitting, construction, and
construction completion certification), and ten years of operation. Babcock Property
Holdings, LLC will provide stormwater retention services utilizing 1,499 acres of the
ranch located in the Stricklin Gully Basin of the Caloosahatchee River Watershed in
Charlotte County. The estimated average annual retention is 1,214 acre-feet per
year. Payment for these services includes an amount not to exceed $189,367 of
reimbursement for design, permitting and construction of the necessary facilities. In
addition, on an annual basis over the ten year operational term of the contract, a
fixed payment of $129,000 the first year and $121,222 for the remaining years for
operations and maintenance costs and a service payment will be provided as long as
the project is in compliance with the contract and subject to Governing Board
approval of funding. During negotiations, the first year of service payments were
increased to help the applicant show more income earlier. The total not to exceed
contract cost is $1,409,365.
Staff Recommendation
Staff recommends approval of this contract with Babcock Property Holdings, LLC.
The project has been through a thorough solicitation process and is cost effective
compared to other payment for environmental services initiatives.

33.

Authorizing an eleven year contract with Bull Hammock Ranch, LTD. for a
Dispersed Water Management Program Northern Everglades Payment for
Environmental Services Project for the purpose of providing water retention
services on ranchlands in the St. Lucie River Watershed in an amount not to
exceed $285,000, of which $28,500 is budgeted in FY15 and the remaining is
subject to Governing Board approval of the FY16-FY25 budgets; providing an
effective date. (Contract No. 4600002880) (EPC, Beth Lewis, ext. 6343)
Summary
This contract is between the SFWMD and Bull Hammock Ranch, LTD. and is the
result of a solicitation request from the SFWMD for the Northern Everglades
Payment for Environmental Services Program. The contract term is 11 years,
allowing up to one year for implementation (design, permitting, construction, and
construction completion certification), and ten years of operation. Bull Hammock
Ranch, LTD. will provide stormwater retention services utilizing 608 acres of the
ranch located in the C-23 Basin of the St. Lucie River Watershed in Martin County.
The estimated average annual retention is 228 acre-feet per year. Payment for these
services on an annual basis over the ten year operational term of the contract is a
fixed payment of $28,500 for operations and maintenance costs and a service
payment. The payment will be provided as long as the project is in compliance with

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Governing Board Meeting Agenda of the South Florida Water Management District – December 11, 2014

 the contract and is subject to Governing Board approval of funding. The total not to
exceed contract cost is $285,000.
Staff Recommendation
Staff recommends approval of this contract with Bull Hammock Ranch, LTD. The
project has been through a thorough solicitation process and is cost effective
compared to other payment for environmental services initiatives.

34.

Authorizing an eleven year contract with MacArthur Agro-Ecology Research
Center for Dispersed Water Management Program Northern Everglades
Payment for Environmental Services Projects for the purpose of providing
water retention and nutrient removal services on ranchlands in the Lake
Okeechobee Watershed in an amount not to exceed $2,259,600, of which
$624,600 is budgeted in FY15 and the remaining is subject to Governing
Board approval of the FY16-FY25 budgets; providing an effective date.
(Contract No. 4600003119) (EPC, Beth Lewis, ext. 6343)
Summary
This contract is between the SFWMD and MacArthur Agro-Ecology Research Center
and is the result of a solicitation request from the SFWMD for the Northern
Everglades Payment for Environmental Services Program. The contract term is 11
years, allowing up to one year for implementation (design, permitting, construction,
and construction completion certification), and ten years of operation. MacArthur
Agro-Ecology Research Center will provide two components under this contract: 1)
stormwater retention services utilizing 859 acres of the ranch and 2) nutrient removal
services utilizing 189 acres of the ranch. The projects are located in the C-41N Basin
of the Lake Okeechobee Watershed in Highlands County. The estimated average
annual retention is 620 acre-feet per year and the estimated average annual nutrient
removal is 1,567 pounds of phosphorus per year. Payment for these services
includes an amount not to exceed $624,600 of reimbursement for design, permitting
and construction of the necessary facilities for both components. In addition, on an
annual basis over the ten year operational term of the contract, a fixed payment of
$163,500 for operations and maintenance costs and a service payment will be
provided as long as both components are in compliance with the contract and
subject to Governing Board approval of funding. The total not to exceed contract cost
is $2,259,600.
Staff Recommendation
Staff recommends approval of this Contract with The MacArthur Agro-Ecology
Research Center. The projects have been through a thorough solicitation process
and are cost effective compared to other payment for environmental services
initiatives.

35.

Authorizing an eleven year contract with Rafter T Realty, Inc. for a Dispersed
Water Management Program Northern Everglades Payment for
Environmental Services Project for the purpose of providing water retention
services on ranchlands in the Lake Okeechobee Watershed in an amount not
to exceed $1,627,360, of which $162,736 is budgeted in FY15 and the
remaining is subject to Governing Board approval of the FY16-FY25 budgets;
providing an effective date. (Contract No. 4600002876) (EPC, Beth Lewis,
ext. 6343)
Summary
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Governing Board Meeting Agenda of the South Florida Water Management District – December 11, 2014

 This contract is between the SFWMD and Rafter T Realty, Inc. and is the result of a
solicitation request from the SFWMD for the Northern Everglades Payment for
Environmental Services (NEPES) Program. The contract term is 11 years, allowing
up to one year for implementation (design, permitting, construction, and construction
completion certification), and ten years of operation. Rafter T Realty, Inc. will provide
stormwater retention services utilizing 2,602 acres of the ranch located in the
Arbuckle Creek Basin of the Lake Okeechobee Watershed in Highlands County. The
estimated average annual retention is 1,298 acre-feet per year. Payment for these
services on an annual basis over the ten year operational term of the contract is a
fixed payment of $162,736 for operations and maintenance costs and a service
payment. The payment will be provided as long as the project is in compliance with
the contract and is subject to Governing Board approval of funding. The total not to
exceed contract cost is $1,627,360. This project is currently under contract as a
Florida Ranchlands Environmental Services Pilot (FRESP) project. This NEPES
contract will replace the FRESP contract and consists of the existing retention
facilities under the FRESP contract and additional retention facilities.
Staff Recommendation
Staff recommends approval of this contract with Rafter T Realty, Inc. The project has
been through a thorough solicitation process and is cost effective compared to other
payment for environmental services initiatives.

36.

Authorizing an eleven year contract with Alico Inc. for a Dispersed Water
Management Program Northern Everglades Payment for Environmental
Services Project for the purpose of providing water retention services on
ranchlands in the Caloosahatchee River Watershed in an amount not to
exceed $124,000,000 of which $4,000,000 is budgeted in FY15 and the
remaining is subject to Governing Board approval of the FY16-FY25 budgets;
providing an effective date. (Contract No. 4600003160) (EPC, Beth Lewis,
ext. 6343)
Summary
This contract is between the SFWMD and Alico Inc. and is the result of a solicitation
request from the SFWMD for the Northern Everglades Payment for Environmental
Services Program. The contract term is 11 years, allowing up to one year for
implementation (design, permitting, construction, and construction completion
certification), and ten years of operation. Alico Inc. will provide stormwater retention
services utilizing 35,192 acres of the ranch located in the East Caloosahatchee
Basin of the Caloosahatchee River Watershed in Hendry County. The estimated
average annual retention is 91,944 acre-feet per year. Payment for these services
includes an amount not to exceed $4,000,000 of reimbursement for design,
permitting and construction of the necessary facilities. In addition, on an annual basis
over the ten year operational term of the contract, a fixed payment of $12,000,000 for
operations and maintenance costs and a service payment will be provided as long as
the project is in compliance with the contract and subject to Governing Board
approval of funding. The total not to exceed contract cost is $124,000,000.
Staff Recommendation
Staff recommends approval of this contract with Alico Inc. The project has been
through a thorough solicitation process and is cost effective compared to other
payment for environmental services initiatives.

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Governing Board Meeting Agenda of the South Florida Water Management District – December 11, 2014

 37.

Authorize entering into a contract that must be completed on or before June
15, 2015, with Guettler Brothers Construction LLC, the lowest responsive and
responsible bidder, for the C-44 Reservoir Impacted Soils, in the amount of
$2,098,225.00, for which $2,098,225.00 in ad valorem funds are budgeted in
FY15. (OEC, John Mitnik, ext. 2679)
Summary
The C-44 Reservoir/Stormwater Treatment Area Project (C-44 Project) is intended to
be constructed by the U.S. Army Corps of Engineers (USACE) and the District over
the next five (5) years. In December 2013 the District completed construction of the
C-44 Communication Tower and in July 2014 the USACE completed construction of
Contract 1 (C-400 Intake Canal and Access Road, C-133A Canal, C-133 Canal, S418 Spillway, and Citrus Boulevard improvements). As stated in the Project
Partnership Agreement (PPA) Amendment executed in August 2014, the District
intends to construct the System Discharge (construction started September 2014),
the Stormwater Treatment Areas (construction started October 2014), and the S-401
Pump Station (construction start scheduled for April 2015). The District completed
construction in October 2014 on the System Discharge Interim Spillway. That
contract achieves early benefits of retaining additional water within the C-44 Project
site. That contract is not cost shareable since it was executed prior to the USACE
executing the PPA Amendment. The USACE intends to start construction of the C44 Reservoir (Contract 2) in July 2015.
This C-44 Reservoir Impacted Soils construction contract is to address the response
action for approximately 220 acres of impacted soils with residual agricultural
chemicals, primarily copper, that pose a potential ecological risk to the Everglades
Snail Kite, an endangered species, due to the future inundation of the land as part of
the C-44 Project. By stockpiling these soils outside of the C-44 Reservoir features,
the potential pathway to the Snail Kite is severed since these soils will not be
inundated with water within the Reservoir footprint.
The USACE was originally to perform this response action and utilize these soils
within the construction of Reservoir features such as the embankment. However, the
District and the USACE were not able to reach agreement on language in a
Memorandum of Agreement in which the District would have reimbursed the USACE
for the non-cost shareable costs associated with the non-normal construction
activities associated with these soils. These activities typically would have included
the compliance surveys to track the soils and the covering of the inundated soils not
utilized in a C-44 Project feature.
Staff Recommendation
Staff recommends approval to enter into a contract that must be completed on or
before June 15, 2015, in the amount of $2,098,225.00 with Guettler Brothers
Construction, LLC, the lowest responsive and responsible bidder, for the construction
of the C-44 Reservoir Impacted Soils.

38.

General Public Comment

14
Governing Board Meeting Agenda of the South Florida Water Management District – December 11, 2014

 Staff Reports
39.

Monthly Financial Report - Doug Bergstrom, Division Director, Administrative
Services Division

40.

General Counsel's Report - Edward Artau

41.

Executive Director's Report - Blake Guillory
Report of permits issued by authority delegated to the Executive Director from
November 1-30, 2014.

42.

Board Comment

15
Governing Board Meeting Agenda of the South Florida Water Management District – December 11, 2014

 Attorney Client Sessions
43.

Attorney Client Session – USA
Attorney client session pursuant to Section 286.011(8), Florida Statutes
(2013), to discuss strategy related to litigation expenditures and/or settlement
negotiations in United States of America v. South Florida Water Management
District, et al., United States District Court, Southern District of Florida, Case
No. 88-1886-CIV-Moreno.
ATTENDEES: Governing Board Members F. Barber, S. Batchelor, M.
Hutchcraft, M. Peterson, J. Moran, D. O’Keefe, J. Portuondo, K. Powers;
Executive Director B. Guillory; District attorneys E. Artau, K. Burns, J. Collier,
C. Kowalsky. (Edward L. Artau, ext. 6431)
Action Items, (if any), Stemming from Attorney/Client Session
Attorney client session pursuant to Section 286.011(8), Florida Statutes
(2013), to discuss strategy related to litigation expenditures and/or settlement
negotiations in United States of America v. South Florida Water Management
District, et al., United States District Court, Southern District of Florida, Case
No. 88-1886-CIV-Moreno. (Edward L. Artau, ext. 6431)

44.

Adjourn

16
Governing Board Meeting Agenda of the South Florida Water Management District – December 11, 2014

 Workshop

17
Governing Board Meeting Agenda of the South Florida Water Management District – December 11, 2014