Use of inmate labor, dispute over land in WCA-3 on SFWMD meeting agenda

Posted 6/7/21

WEST PALM BEACH – The South Florida Water Management District (SFWMD) Governing Board will meet Thursday, June 10, at 9 a.m. at SFWMD Headquarters - B-1 Auditorium, 3301 Gun Club Road, West …

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Use of inmate labor, dispute over land in WCA-3 on SFWMD meeting agenda

Posted

WEST PALM BEACH – The South Florida Water Management District (SFWMD) Governing Board will meet Thursday, June 10, at 9 a.m. at SFWMD Headquarters - B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, FL 33406.

Items on the agenda will include:

• The board will consider a request to approve a Revocable Right of Entry/License (ROE) to allow Lee County and Florida Gulf Coast University to access the district’s property located in Glades County to conduct research at a mesocosm research facility located on approximately one acre of the property. Lee County was awarded an innovative technology grant from the Florida Department of Environmental Protection (DEP) to fully fund the project. The ROE will expire upon completion of the study but no later than December 2022. The ROE can be terminated for any reason with 30 days written notice.

• The district has certain reserved rights to construct canal right of ways and reserved mineral rights. Applications requesting release of these reservations are received as they constitute a defect on title which must be resolved prior to a property sale, especially when financing is involved. Applications are reviewed to determine if there is a present or future need. If it has been determined there is no present or future need, the reservations are released. Mineral rights are retained, and a non-use commitment is issued. For canal reservations held by the Board of Trustees of the Internal Improvement Trust Fund (TIITF), the DEP requires a recommendation from the district that there is no district need for TIITF-held canal reservations prior to a release being issued by DEP. Palm Beach County acquired almost 40 acres of conservation lands and has requested that the canal encumbrance be removed to preserve the natural state of the property. It has been determined that there is no present or future need for the canal reservations within the 39.6 +/- acre parcel acquired by Palm Beach County for conservation purposes.

• The board will consider an amendment to their contract with the Florida Department of Corrections to exercise a three-year renewal option, effective July 14, 2021, to provide inmate labor for the purpose of performing land management services on approximately 55,000 acres of District managed lands in Martin County. The contract provides for the staffing of one Correctional Work Squad Officer and up to ten inmates at an annual cost of $57,497. Services provided under this contract include fence construction and repair, vegetation clearing, mowing and trimming of grass and vegetation on public use areas, maintenance of public campgrounds, and repair and maintenance of informational kiosks and day use facilities.

• The board will consider requests for releases of conservation easements. Gordon R. Watson II and Pamela Sue Watson request a full release of a 0.32-acre conservation easement, for a project known as Creeks Edge in Collier County. The release is being requested because no construction or wetland impacts have occurred on the site and the Environmental Resource Permit has expired. Davie Estates 2004 LLC requests a full release of a 7.40-acre conservation easement for a project known as Davie Estates in Broward County. The release is being requested because no construction or wetland impacts have occurred on the site and the Environmental Resource Permit has been canceled.

• The governing board will consider a Settlement Agreement for the Jill Law and Jay Ring v. SFWMD lawsuit. This is a dispute over ownership of six properties encompassing approximately 3,520 acres in Water Conservation Area 3A (WCA-3A). Plaintiffs brought a quiet title suit and the district counter-claimed to quiet title. The parties attended court-ordered mediation on May 24, 2021 and reached a settlement, contingent on governing board approval. That settlement includes, in pertinent part, district payment to Law and Ring the total sum of $188,150.00 in full settlement of the parties’ claims against one another raised in the litigation relating to the properties, plus district payment of $2,500 in mediator’s fees, and Law and Ring’s execution of a quit claim deed transferring all right, title, and interest they hold or may hold in the properties to the district.

• The board will consider a change order for the Lakeside Ranch Stormwater Treatment Area (STA) project. A component of the Northern Everglades Lake Okeechobee Watershed Phase II Technical Plan, the Lakeside Ranch STA S-191A Pump Station is the last component of the Lakeside Ranch STA Project to be constructed. The S-191A Pump Station is located between the C-59 and L-47 canals, near the S-191 Structure in Okeechobee County. This facility will work in conjunction with the existing Lakeside Ranch STA North and STA South facilities to reduce the total phosphorus load entering Lake Okeechobee. This pump station serves the dual purpose of providing flood control in the S-135 sub-basin and flow recirculation to the Lakeside Ranch STA for water quality treatment.
The Lakeside Ranch STA S-191A Pump Station Project was awarded under Contract Number 4600003852 to Kiewit Infrastructure South Co. for an original contract amount of $31,498,016. Notice to Proceed for this project was issued on October 1, 2018. Substantial completion was issued on April 8, 2021 and final completion is scheduled for June 16, 2021. Seven change orders have previously been issued to Kiewit Infrastructure South Co. for a total sum of $780,813.06. Change Order No. 8 will cost $455,456.77 and will bring the total sum of all change orders to $1,236,269.83. Change Order No. 8 consists of changes to the fuel control systems which is essential to ensure the proper operation of the pump station. Change Order No. 8 costs include fuel control hardware and associated time impact delays due to redesigning and installing the fuel system, which was originally designed, then shelved, in 2012 until the project received construction funding. The revised contract amount, including the price of Change Order No. 8, will be $32,734,285.83 subject to governing board approval.

SFWMD, Martin County, Glades County, Okeechobee County

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