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CASSELBERRY CITY COMMISSION Minutes of March 22, 2021 — Regular Meeting Page 11 of 15 Agreement No. 4 is budgeted and available in Parks Master Plan Fund Account #307-0410-572.63-27. Recommendation: The City Manager and the Public Works Director recommended approval of Supplemental Agreement No. 4 to the Contract Agreement with Wharton -Smith, Inc. for Construction Manager at Risk for Parks Construction Projects to provide pre -construction services for project PW 2102 "Wheel Park" — Phase 2 in the amount not to exceed $44,708.48. Audience Participation: No one came forward to address the City Commission regarding this item. MOTION: Commissioner Aramendia moved to approve Supplemental Agreement No. 4 to the Contract Agreement with Wharton -Smith, Inc. for Construction Manager at Risk for Parks Construction Projects to provide pre -construction services for Project PW 2102 "Wheel Park" — Phase 2, in the amount not to exceed $44,708.48, as presented. Motion was seconded by Vice Mayor Busch. Motion carried unanimously by voice vote 5-0. Withdrawal of Petition to Challenge Rules Proposed by the Department of Environmental Protection for the Central Florida Water Initiative (CFWI) Area Staff Presentation: City Attorney Katie Reischmann stated that withdrawal of the petition to challenge the rules proposed by the Florida Department of Environmental Protection (FDEP) to establish new water use permitting criteria for all Consumptive Use Permit permittees and applicants in the Central Florida Water Initiative Area (includes City of Casselberry) is requested. Ms. Reischmann advised that a copy of the proposed Settlement Agreement and a copy of the updated proposed rules changes had been provided to the City Commission at their places on the dais, and then she and Assistant Public Works Director/Utility Manager Tara Lamoureux then gave an overview of the proposed rule changes and Settlement Agreement being considered by Petitioner Seminole County and other intervening parties to the Petition to Challenge Rules filed by Seminole County with the State of Florida Division of Administrative Hearings. The City of Casselberry was granted permission to intervene in the rules challenge and now several of the parties, including Seminole County, have negotiated changes to the rules which are satisfactory to all parties. The City Commission is requested to authorize the withdrawal of the City's petition for the rule challenge once Florida Department of Environmental Protection (FDEP) publishes its Notice of Rule Change. The Notice of Rule Change proposed includes the following changes which are favorable to the City: Removing a presumption with regards to the modification of an applicable CUP (Consumptive Use Permit) within the CFWI (Central Florida Water Initiative) area through the rule change. This new language will allow for CUPs to be addressed on a case-by-case basis and means that not all CUPs will be adjusted as part of this rulemaking. Added language that the District shall not limit an Upper Floridan Aquifer allocation for a public use type permit to its Demonstrated 2025 Demand unless it is shown that the permittee's allocation is detrimental individually or cumulatively with other permitted allocations to other water users or the water resources to the state. This also allows for CUPs to be addressed individually while allowing the permittee to define and negotiate any adjustments with the