Item Coversheet
ITEM 19.
Natural Resources - Consent

AGENDA ITEM REPORT

DATE:December  7, 2021 
DEPARTMENT:Natural Resources
REQUESTER:Roland Ottolini 
TITLE:Approve Amendment to Grant for Sunniland/Nine Mile Run Drainage Improvements 

I.MOTION REQUESTED
 A) Approve amendment #2 to Florida Department of Environmental Protection (FDEP) grant agreement No. LP3602B for the Sunniland / Nine Mile Run Drainage Improvements, which will extend the expiration date to December 31, 2024; and update the grant work plan due to environmental constraints.  
B) Authorize the Chair to execute the amendment on behalf of the Board of County Commissioners.  Authorize Natural Resources Director to execute future modifications or change orders to the grant agreement if required, as long as they do not change the funding obligation of the County.
II.ITEM SUMMARY
 Approves amendment #2 to Florida Department of Environmental Protection grant #LP3602B, which extends the grant expiration date to December 31, 2024 for the Sunniland/Nine Mile Run drainage improvements project.   The additional time is needed  due to delays associated with COVID-19 and the presence of gopher tortoise burrows within the project area. The grant agreement will reimburse Lee County for $300,000 in construction costs and is currently due to expire June 30, 2022.  Construction of the project is budgeted in the current fiscal year.
III.BACKGROUND AND IMPLICATIONS OF ACTION
 A)Board Action and Other History
  On November 15, 2016, the BoCC approved acceptance of a grant from the Florida Department of Environmental Protection (Blue Sheet #20160605) for $300,000 toward construction of the project. The complete grant agreement is contained in attachment #1.

The FDEP grant agreement requires that any change in the expiration date must be approved by both parties through the execution of an amendment (Paragraph 3b(ii) of the agreement – Attachment #1).

The Sunniland property was formerly a state facility that is now leased and managed by Florida Gulf Coast University (FGCU). The County staff is currently working with FGCU and the state to acquire a drainage easement to implement the project. The ±2,000 acre drainage area for the Nine Mile Run watershed is generally bounded on the north by Orange River and the top bank of Sunniland Canal, on the east and south by Buckingham Road, and on the west by a portion of Pangola Lane. The area is predominately undeveloped or low density rural residential. The canals for the Sunniland/Nine Mile Run were excavated as relatively deep, uniform channels which is drastically different from the shallow depressional flowway system of its prior undisturbed condition. The canals have become overgrown with vegetation and the water control structures are in disrepair. Nine Mile Run is a tributary to the Caloosahatchee River, which has a Total Maximum Daily Load (TMDL) for total nitrogen and is currently subject to a State of Florida Basin Management Action Plan.
 B)Policy Issues
  
 C)BoCC Goals
  
 D)Analysis
  The project consists of redesigning the canals, replacing the failing water control structures, and reconnection of the flow ways from the drainage ditch system to Hickory Swamp and Buckingham Trails Preserve.   The new design will enhance storage in the drainage ditch system, increasing residence time of the water which flows from agricultural and residential areas adjacent to the property. Increased residence time will allow for attenuation, groundwater recharge, and nutrient uptake by plants and mitigate flooding issues on adjacent properties. Lee County will also install infrastructure to reconnect the flow ways through the Buckingham Trails Preserve. This project helps achieve the goals of the Caloosahatchee River Watershed Protection Plan and the Caloosahatchee Estuary Basin Management Action Plan and the Conservation 2020 Land Stewardship Management Plan.
 E)Options
  
IV.FINANCIAL INFORMATION   
 A)Current year dollar amount of item:
$300,000
 B)Is this item approved in the current budget?Yes
 C)Is this a revenue or expense item?Revenue
 D)Is this Discretionary or Mandatory?Discretionary   
 E)Will this item impact future budgets?
If yes, please include reasons in III(D) above.
No
 F)Fund: Capital Improvement Fund
Program: Capital Improvement Project
Project: Sunniland / Nine Mile Run Drainage Improvements
Account Strings: 22855730100  
 G) Fund Type?Other:  Capital Improvement Fund 
 H)Comments:
 
V.RECOMMENDATION
 Approve  
VI.TIMING/IMPLEMENTATION
 The grant is due to expire on June 30, 2022.    Approval of the amendment will extend the deadline to December 31, 2024.
VII.FOLLOW UP
 
ATTACHMENTS:
DescriptionUpload DateType
Grant Amendment #2 (LP3602B)11/18/2021Agreement
Amendment #1 (LP3602B) - Executed.pdf11/18/2021Agreement
FDEP Agreement LP3602B11/18/2021Agreement
120721R-C-19-Partially Executed FDEP Agreement LP 3602B Amendment #212/9/2021Agreement
120721R-C-19-Fully Executed FDEP Agreement LP 3602B Amendment No. 29/13/2022Agreement
REVIEWERS:
DepartmentReviewerActionDate
Natural ResourcesOttolini, RolandApproved11/18/2021 - 2:28 PM
Budget ServicesGuttery, AngelaApproved11/19/2021 - 3:24 PM
Budget ServicesWinton, PeterApproved11/22/2021 - 8:48 AM
County AttorneyAdams, JosephApproved11/22/2021 - 11:12 AM
County ManagerHarner, David Approved11/30/2021 - 12:03 PM