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Backup Document 02/22/2022 Item #10B 108 EXECUTIVE SUMMARY Recommendation to approve a Resolution opposing the infrastructure design, construction and diversion of stormwater from Bonita Springs/Lee County until a cooperative and coordinated review of all proposals related to the diversion is completed with Collier County, including full public outreach, and authorize the Chairman to sign a letter to the South Florida Water Management District outlining the Board of County Commissioners' position on this issue. OBJECTIVE: To approve a Resolution of the Board of County Commissioners of Collier County opposing the diversion of stormwater from Bonita Springs/Lee County until a cooperative and coordinated review of all proposals is completed with Collier County. CONSIDERATIONS: The Collier County integrated drainage system is comprised of three levels very similar to our roadway system. The local or tertiary system is the first point of entry for stormwater. It includes the roadside catch basins, conveyance pipes, and drainage swales. The secondary system is made up of a series of smaller conveyance canals and ditches. The primary system is comprised of canals that flow directly into the gulf Collier County is unique in that the entire system is owned by Collier County, but the majority of the primary system is managed and maintained by the Big Cypress Basin/South Florida Water Management District (BCB/SFWMD)through an Interlocal Agreement (Agreement). In order for the entire system to function properly and efficiently it must be maintained and operated in a seamless manner. Areas of Bonita Springs experience significant issues with stormwater throughout the rainy season. After the record rains in the 2017 wet season, worsened by Hurricane Irma,the City of Bonita Springs has been seeking alternatives to remediate flooding. One such option being explored is to flow stormwater down the Logan Boulevard corridor and ultimately discharge the stormwater into the Cocohatchee River Canal, thereby removing it from the Imperial River Watershed. This proposed diversion may require the construction of canals as well as control structures and pumps, etc. This effort is currently being conceptually evaluated through the modeling phase by the SFWMD,which is problematic for several reasons. The proposed diversion concept will affect up to seven stormwater basins that either drain into or receive flows from the Cocohatchee River Canal. Many of these basins experienced significant water management issues, including structural flooding, during the 2017 rainy season. Additionally, the following are major issues that require a full analysis in order to understand the full magnitude of the impact to Collier County: • Insufficient capacity to receive volume of flows without adverse impacts • Receiving waterbodies are impaired and additional impairments are anticipated • No control over the quality of water being received • Responsibility for restoring water quality will fall on Collier County • Stormwater capacity should be reserved for development already approved within Collier County • Protection of health safety and welfare/protection of property • Preservation of the integrity of the Stormwater Management System Therefore,Collier County does not support the diversion of any water from the City of Bonita Springs/Lee County until a detailed analysis is completed, including, but not limited to, modeling, engineering, supporting science,as well as alternatives, including improving existing East-West flow paths and study of the impacts on the primary,secondary,tertiary and estuary systems and the surrounding neighborhoods and properties. Further, any proposals involving the diversion of water from Lee County to Collier 108 County requires public outreach to inform the citizens of the possible effects of such a project. Collier County is willing to work cooperatively with the City of Bonita Springs and the SFWMD to determine options that are also in the best interest of the residents, businesses and visitors of Collier County, but will not consider or support any proposals for the diversion of Stormwater until the above conditions are met. FISCAL IMPACT: There is no fiscal impact related to this request. However, the impacts of the proposed diversion, if constructed,may be significant for the residents and businesses of Collier County, based in part on the challenges of managing a significant increase in stormwater flows. Further,staff will need to evaluate the effect of such flows on the operation of the County-managed portions of the Stormwater Management System. GROWTH MANAGEMENT IMPACT: This item is consistent with the goals,objectives,and policies of all applicable sections of the Stormwater Management and the Conservation and Coastal Management elements of the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. RECOMMENDATION: That Board of County Commissioners approves a Resolution opposing the infrastructure design, construction and diversion of stormwater from Bonita Springs/Lee County until a cooperative and coordinated review of all proposals related to the diversion is completed with Collier County, including full public outreach, and authorize the Chairman to sign a letter to the South Florida Water Management District outlining the Board of County Commissioners' position on this issue. Prepared by: Andy Solis,Esq., Chairman, Commission District 2 108 RESOLUTION NO.2018-1 3 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, OPPOSING THE FUNCTIONAL DIVERSION OF STORMWATER FROM BONITA SPRINGS/LEE COUNTY UNTIL A COOPERATIVE AND COORDINATED REVIEW OF ALL PROPOSALS RELATED TO THE DIVERSION IS COMPLETED WITH COLLIER COUNTY, THE CITY OF BONITA SPRINGS AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT; AND REQUESTING THAT ALL PROPOSALS UNDERGO A FULL VETTING, INCLUDING MODELING, ENGINEERING, SUPPORTING SCIENCE, WATER QUALITY, ALTERNATIVES TO THE DIVERSION, IMPACTS ON THE PRIMARY, SECONDARY, TERTIARY AND ESTUARY SYSTEMS AND SURRONDING NEIGHBORHOODS AND PROPERTIES AND A FULL PUBLIC OUTREACH EFFORT IS CONDUCTED. WHEREAS,the South Florida Water Management District(SFWMD)Big Cypress Basin (BCB) maintains and manages portions of the Collier County Stormwater System by Agreement, including some water control structures, and Collier County maintains and manages the balance of the system; and WHEREAS, challenges to the primary system directly impact the operational effectiveness of the entire system; and WHEREAS, the City of Bonita Springs is working with the South Florida Water Management District (SFWMD) on options to divert stormwater south from Lee County into Collier County to discharge into the Cocohatchee River Canal; and WHERAS, the 951 Canal North Basin, the Airport Road North Canal Basin, the Pine Ridge Canal Basin, the Palm River Canal Basin, the Cocohatchee River Canal Basin, the East Branch Cocohatchee River Basin and the West Branch Cocohatchee River Basin either drain into or receive flow from the Cocohatchee River Canal; and WHEREAS, many of these Basins experienced significant water management issues, including structural flooding, during the 2017 rainy season, which was exacerbated by Hurricane Irma; and WHEREAS, there is insufficient capacity to receive the volume of flows being proposed without adverse impacts to Collier County property owners; and WHEREAS,the Cocohatchee River Canal discharges to a sensitive estuary,the inland and receiving waterbodies are currently impaired, and it anticipated there will be additional impairments for copper, Enterococcus, Fecal Coliform, and Chlorophyll-a in 2019; and 108 WHEREAS,Collier County will have no control over the quality of water being received into the County's Municipal Separate Storm Sewer System (MS4); and WHEREAS, Collier County is responsible for restoring water quality in the MS4 to State standards; and WHEREAS, Collier County has an obligation to protect the health safety and welfare of its citizens, visitors and businesses and to preserve the integrity of the Stormwater Management System; and WHEREAS,Collier County has an obligation to reserve available stormwater capacity for development already approved within Collier County; and WHEREAS, Collier County does not support the diversion of any water from the City of Bonita Springs/Lee County until a detailed analysis is completed, including, but not limited to, modeling, engineering, supporting science, as well as alternatives, including improving existing East-West flow paths and study of the impacts on the primary, secondary and tertiary systems and the surrounding neighborhoods and properties; and WHEREAS, any proposals involving the diversion of water from Lee County to Collier County requires public outreach to inform the citizens of the possible effects of such a project;and WHEREAS, Collier County will not consider or support any proposals for the diversion of Stormwater until the above conditions are met; and WHEREAS, Collier County is willing to work cooperatively with the City of Bonita Springs and the SFWMD to determine options that are also in the best interest of the residents, businesses and visitors of Collier County. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: l. The Board of County Commissioners opposes the diversion of any stormwater South from the City of Bonita Springs/Lee County into Collier County until a full analysis is completed and reviewed and approved by Collier County. Page 2 of 3 108 2. The Board of County Commissioners requests that the City of Bonita Springs and the South Florida Water Management District work cooperatively with Collier County to share information, inform the public and develop options that protect the health safety and welfare of Collier County's citizens, visitors and businesses and to preserve the integrity of Collier County's Stormwater Management System. 3. This Resolution shall take effect immediately upon adoption. This Resolution is adopted after motion; second and majority vote favoring same, this 1 ) day of July 2018. ATTEST BOARD OF C UNTY COMMISSIONERS Crystal K.Kinzel, Interim Clerk OF COLL C TY, F By: By: Attest as to Chairn�anVerity DY SOL , Chairman signature only. ,/) pr e form and legality: Jeffrey . at ow, County Attorney Page 3 of 3