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Agenda 10/27/2020 Item #16A 6 (Water Quality Issues)10/27/2020 16.A.6 EXECUTIVE SUMMARY Recommendation to direct the County Manager to review the Coastal Advisory Committee's proposed approach to addressing potential water quality issues affecting the County's bays, estuaries, inlets, and shoreline and provide findings to the Board of County Commissioners at a future meeting. OBJECTIVE: To address recurring coastal water quality issues within Collier County. CONSIDERATION: The Board of County Commissioners (Board) through Ordinance 2019-10 (6/11/2019, Item 17F), authorized the Coastal Advisory Committee (CAC) to review water quality issues that affect the County's bays, estuaries, inlets, and shoreline. The additional functions, powers and duties of the CAC include: Reviewing common, continuous and recurring Coastal Water Quality issues that affect all of Collier County including the City of Naples, the City of Marco Island and Everglades City. Coastal Water quality issues include, but are not limited to, bacteria, nutrient, and toxic metal levels; blue-green algae; red tide; and other water quality issues that affect the bays, estuaries, inlets and shoreline; and In pursuing this duty, based on input from its water quality sub -committee, county and city operating divisions and water quality experts, the CAC is recommending a sharply limited approach: • Limit recommendations to those that pertain only to Collier County. • Avoid duplication. Recommendations should not compete with or duplicate state or local projects or studies underway elsewhere. • Avoid lengthy studies to gather bullet-proof support for recommendations. • Make brief periodic recommendations to the Board, understanding that county resources may be needed to flesh out proposals if the Board decides to pursue them. Numerous possible measures to deal with coastal water quality problems were reviewed and deemed inappropriate for additional focus by the CAC due to: • Redundancy to successful mitigation programs from other entities, both local and state. • Existing sampling, testing, and reporting procedures set by the Florida Department of Environmental Protection (FDEP) and other groups. • Existing surface water and groundwater monitoring program • Provision of signage and other warnings of health endangering conditions. • Ongoing research into harmful algae blooms and associated toxins under study by state and academic entities. • Preventative measures underway to toughen waterborne nutrient standards. • New legislation, the Clean Waterways Act, written to monitor septic systems and curb nutrient runoff. • Planned increases in stormwater management system maintenance such as street sweeping and mechanical harvesting. The CAC recommends that the Board approve the following recommendations: 1. Improve compliance with the Fertilizer and Urban Landscaping Ordinance. Packet Pg. 484 16.A.6 10/27/2020 The CAC recommends that adequate/additional county resources be made available to promote/enforce compliance with Ordinance No. 2019-18, the Fertilizer and Urban Landscaping Ordinance which, if followed, would reduce nutrient levels in inland ponds and waterways leading to coastal areas. The limited resources that are devoted to water quality issues preclude robust training and enforcement. As such, the ordinance has little value, relying mostly on voluntary compliance from those aware of the new rules. Even a modest increase in staff for training, inspection, and enforcement purposes would, we believe, be beneficial. 2. Form a working group to meet with lawn/landscape maintenance companies that work in Collier County to ensure the necessary training and certification to comply with the Fertilizer and Urban Landscaping Ordinance, and the understanding to adjust fertilizer levels when using reclaimed water for irrigation. The CAC recommends the working group be composed of knowledgeable representatives from responsible County departments to focus on the following tasks: • Education about nutrient impacts from fertilizer. • Education about nutrients in reclaimed water and reducing fertilizer use in areas served by reclaimed water. • Enforcement of the Fertilizer and Urban Landscaping and Collier County Water Pollution Control and Prevention Ordinances. • Use of best management practices for landscape and lake management. The County Manager, or his designee, will assemble members of the group. 3. Make a recommendation as to the cost -benefit of installing Advanced Wastewater Treatment to reduce nutrient levels in reclaimed water. Collier County does not use Advanced Wastewater Treatment (AWT). The technology is well developed and could be adapted to Collier County Water -Sewer District facilities. The question is whether the nutrient reduction would justify the cost. • The CAC recommends an investment/operating cost assessment be made. Adequate data may be available to allow such an assessment without hiring an outside consultant. • If such data are not available, the CAC recommends that a consultant study be undertaken to evaluate the cost -benefit of installing such AWT for substantially reducing nutrient levels in reclaimed water. 4. Other water quality recommendations will be considered in 2021. STAFF RECOMMENDATION: Staff recommends that the Board direct the County Manager, or his designee, to review and research the guidance provided by the CAC and provide a report detailing any activities that are currently underway, as well as options for implementing the remaining recommendations, including any associated costs, to be considered by the Board at a future meeting. The Collier County Regional Wastewater Treatment Plants are operated and maintained in accordance with Florida Department of Environmental Protection (FDEP) issued operating permits and applicable Florida Administrative Codes (FAC). Presently, there is no regulatory requirement to conduct feasibility analysis and subsequent design criteria necessary toward determining preliminary costs associated with redesign, permitting and construction toward Advanced Wastewater Treatment (AWT) standards. Major redesign and reconfiguration of the North County Water Reclamation Facility and the South County Water Reclamation Facility would be required to meet non -mandatory AWT standards. Packet Pg. 485 10/27/2020 16.A.6 FISCAL IMPACT: There are no fiscal impacts related to this item. However, if the Board accepts staff s recommendation, the future report to the Board will include the cost of implementing programs, as outlined by the CAC. ADVISORY COMMITTEE RECOMMENDATIONS: The CAC approved this item on June 11, 2020 (carried unanimously 7-0) and The Tourist Development Council on July 27, 2020 (carried unanimously 9-0). LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION: To approve staffs recommendation to review the CAC's approach to addressing the potential water quality issues within Collier County, direct the County Manager to conduct research on the CAC recommendations and provide a report detailing any activities that are currently underway, as well as options for implementing the remaining objectives, including any associated costs, to be considered by the Board at a future meeting. Prepared by: J. Gary McAlpin, P.E., Coastal Zone Management, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENT(S) 1.Ordinance 2019-10 Water Quality to CAC (PDF) Packet Pg. 486 16.A.6 10/27/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.6 Doe ID: 12341 Item Summary: Recommendation to direct the County Manager to review the Coastal Advisory Committee's proposed approach to addressing potential water quality issues affecting the County's bays, estuaries, inlets, and shoreline and provide findings to the Board of County Commissioners at a future meeting. Meeting Date: 10/27/2020 Prepared by: Title: — Capital Project Planning, Impact Fees, and Program Management Name: Jessica Arencibia 06/05/2020 3:09 PM Submitted by: Title: Division Director - IF, CPP & PM — Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 06/05/2020 3:09 PM Approved By: Review: Zoning Gary McAlpin Additional Reviewer Growth Management Department Judy Puig Level 1 Reviewer Growth Management Operations Support Heather Meyer Growth Management Operations Support Christopher Johnson Growth Management Operations Support Raquel Ovares Capital Project Planning, Impact Fees, and Program Management Danette Kinaszczuk Capital Project Planning, Impact Fees, and Program Management Amy Patterson Growth Management Department Jessica Arencibia Deputy Department Head Review Growth Management Department Thaddeus Cohen Department Head Review County Attorney's Office Colleen Greene Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Office of Management and Budget Laura Zautcke Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review County Manager's Office Nick Casalanguida Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Completed 06/05/2020 3:25 PM Completed 06/08/2020 9:10 AM Additional Reviewer Completed Additional Reviewer Completed Additional Reviewer Completed Additional Reviewer Completed Additional Reviewer Completed Skipped 05/05/2020 4:02 PM Completed 09/21/2020 2:39 PM Completed 10/19/2020 1:17 PM Completed 10/19/2020 1:41 PM Completed 10/19/2020 4:23 PM Completed 10/20/2020 10:56 AM Completed 10/20/2020 3:14 PM 10/27/2020 9:00 AM Packet Pg. 487 16.A.6.a ORDINANCE NO.2019 - 10 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING 2001-03, AS AMENDED, WHICH CREATED THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE, BY AMENDING SECTION TWO, FUNCTIONS POWERS AND DUTIES OF THE ADVISORY COMMITTEE, TO ADDRESS RECURRING COASTAL WATER QUALITY ISSUES WITHIN COLLIER COUNTY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in cooperation with the City of Naples and the City of Marco Island, the Board of County Commissioners (Board) adopted Ordinance No. 2001-03, creating the Collier County Coastal Advisory Committee to assist with the establishment of unified beach erosion control and inlet management programs and advise the Board and the Tourist Development Council (TDC) of project priorities with respect to funding sources for restoration and protection of the Collier County shoreline; and WHEREAS, the Board desires to amend Ordinance No. 2001-03, as subsequently amended, to address continuous and recurring coastal water quality issues that impact all of Collier M County, including the City of Naples, City of Marco Island, and City of Everglades City. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION TWO OF ORDINANCE NO. 2001-03, AS AMENDED. Section Two of Ordinance 2001-03, as amended, is hereby amended as follows: SECTION TWO: Functions, Powers and Duties of the Advisory Committee. The functions, powers and duties of the Committee shall be to advise and make recommendations to the Board of County Commissioners and the TDC on matters pertaining to the following: A. Development and implementation of a long-term beach erosion control program within Collier County to include identificatioli of beach segments with common erosion/accretion histories, recommendations of beach management strategies for each segment, and development of long-term strategies for areas of chronic erosion; [2005-001/1465309/11 Words Underlined are added; Words Stfuck Tl.fatigh are deleted. Page 1 of 3 Packet Pg. 488 16.A.6.a B. Planning and prioritizing of capital improvement programs related to coastal issues, including recommending alternative funding sources for the development and implementation of coastal management and erosion control projects (i.e., grants from the State of Florida Beach Erosion Control Program and Federal navigation and coastal management projects); C. Coordinating with regional and state-wide groups as may be necessary to further the goals, and policies of Collier County; D. Outlining of coastal zone management policies and construction procedures for beach nourishment, sediment borrow site identification, inlet management plans, inlet improvement projects, dredging, dredge spoil disposal site identification, coastal erosion trend evaluation, coastal and estuarine habitat protection and restoration, and other similar activities; -ate E. Reporting on innovative proposals by the public and staff.- : F. Reviewing common, continuous and recurring Coastal Water Quality issues that affect all of Collier County includingthe e Cityof Naples, the City of Marco Island and Everglades City. Coastal Water quality issues include but are not limited to high bacterial, fecal, nutrient, and toxic metal levels; blue-green algae; red tide; and other water quality issues that affect the bays, estuaries, inlets and shoreline; and G. Reporting to the Board of County Commissioners specific and relevant issues of critical �0 importance that if corrected will positively impact Collier County coastal water quality. M N SECTION TWO: Conflict and Severability. U In the event this Ordinance conflicts with any other ordinance of Collier County or other v applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held ° invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a cc cY separate, distinct and independent provision and such holding shall not affect the validity of the r ca remaining portion. 3: SECTION THREE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. [2005-001/1465309/1] Words Underlined are added; Words Stnick Through are deleted. Page 2 of 3 Packet Pg. 489 16.A.6.a SECTION FOUR: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 1 day of , qae- , 2019. ATTEST: BOARD OF COJ.INTY COMMISSIONERS CRYSTAL K.E'KINZEL, Clerk By: Atk aS t0 Clerk 61C�t1�til3'8 �l1�'' - Approved,. end legality: w Colleed. M. Uree Assistant County rce-NOUIRMI�t�r���n� L. McDaniel, Jr., CHAIRMAN This ordinance filed with th cr ary of mote's office t{;, OQUPA-," and ocknow0,edgeme t f tha fill eceived this = Ida) By Q Clark [2005-001/1465309/ 1 Words Underlined are added; Words c*ruok Thfough are deleted. M N %c Page 3 of 3 Packet Pg. 490 16.A.6.a l�.lifi;_S�3l`. z � �- t _ FLORIDA DEPARTMENT I STATE RON DESANTIS Governor June 20, 2019 Ms. Ann Jennejohn, Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail, Suite #401 Naples, Florida 34112-5324 Dear Ms. Jennejohn: LAUREL M. LEE Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your c� electronic copy of Collier County Ordinance No. 2019-10, which was filed in this office on June 20, 2019. v M N Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us Packet Pg. 491