www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - June 4, 2013
June 4, 2013 - Regular Meeting
Agenda Item #24


Subject
SWFWMD Monitoring Well Site at Tom Bennett Park/License Agreement

Briefings
None

Contact and/or Presenter Information

Contacts:   

Candie Pedersen / Parks Design & Landscape Superintendent / x8205

Cynthia Gray / Sr. Administrative Specialist / x6002

Presenter:

Carmine DeMilio / Parks Operations Manager / x8203



Action Requested
Approval of License Agreement with Southwest Florida Water Management District (SWFWMD) for the use and maintenance of an existing well site at Bennett Park.

Enabling/Regulating Authority
FL Statute, Section 125.01 - Powers & Duties of County Government.

Background Discussion
  • The Southwest Florida Water Management District (SWFWMD) contacted the Parks & Recreation Department requesting temporary access and a perpetual easement to utilize a pre-existing 10-inch well site at Tom Bennett Park.
  • This site was identified to support infilling of the monitor well network used for saltwater intrusion monitoring with the Southern Water Use Caution Area. SWFWMD has determined that this well site is strategically located in an area of critical data needs to verify the rate of salt water intrusion.
  • The existing well has some structural issues of which SWFWMD will repair in Phase I as identified in their Bennett Park Site Acquisition Request.  For Manatee County to use the existing well in the future, we would likely have to get a water use permit which would include an inspection of the well as well as repairs to the well.  Repairs would be more costly than constructing a new well.
  • SWFWMD will install a temporary culvert to access staging and construction areas with heavy equipment, so to not damage the property grounds.
  • During Phase I: Coring and Testing, and Phase II: Well Site Rehabilitation, SWFWMD will mobilize a drill rig and ancillary equipment, and will be allowed access to the park from Cypress Creed Blvd, during park hours - sunrise to sunset.
  • SWFWMD will restore areas that are disturbed related to the well retrofit construction activities, will maintain the area of future easement, and the wellhead will be completed to fit the aesthetics of the park surroundings. 
  • During Phase III: Long-term Monitoring, once the well is complete, SWFWMD will collect water quality samples three times a year and water levels monthly; they will be allowed access to the park via foot from Cypress Creek Blvd, during park hours - sunrise to sunset.
  • It is SWFWMD's desire to begin Phase I of this project as soon as possible through a license agreement with Manatee County that would allow for access and construction activities, related to the existing well site at Tom Bennett Park.  Their need for this well is immediate and it is anticipated that coring and testing will be completed in two to three months, upon issuance of a temporary access agreement.
  • Monitoring will provide necessary data for the preparation of SWFWMD's upcoming presentation to the District's Governing Board that is planned to occur in August of this year.  Once the easement is approved, well construction activities will commence during fiscal year 2014 for approximately four months.  The water quality an water leve data collectionwill be long term at this well site.  The license period shall begin on the date of the execution of the License Agreement and shall continue in effect for a term of five years.
  • County staff has confirmed that the requested staging and construction areas are outside of the Florida Community Trust (FCT) grant boundaries.


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other

Assistant County Attorney William Clague sent an email on May 23 regarding RLS-13-106 that stated the following. "Per the above RLS I have reviewed the proposed license agreement between the County and SWFWMD to allow the construction and maintenance of a monitoring well at Tom Bennett Park.  Attached is a mark-up of the document with my suggested changes, which are fairly minimal.

I do recall that the property in question is subject to covenants between the County and Florida Communities Trust (FCT). I do not know if those covenants require that the County obtain FCT's consent before granting the license to SWFWMD.  I suggest that your department review the relevant documents or submit them to us for review, and if required, obtain the consent of FCT.

Subject to resolution to the FCT issue and the incorporation of my changes into the draft license agreement, I have no objection to the license agreement being scheduled for consideration by the Board.  In the interest of keeping the matter moving forward, I have copied Terri Behling of SWFWMD on his response.

This concludes my response to the RLS."



Reviewing Attorney
N/A

Instructions to Board Records
Please send one original agreement to Cynthia Gray, Parks & Recreation Department, and an approved copy of the agenda item to cynthia.gray@mymanatee.org.

Cost and Funds Source Account Number and Name
NA

Amount and Frequency of Recurring Costs
None


Attachment:  RLS-13-106 SWFWMD & Manatee County Monitor Well Site License Agreement.pdf
Attachment:  License Agreement - SWFWMD Monitoring Well Site at Tom Bennett Park.pdf