MINUTES

WATER ADVISORY BOARD AND TECHNICAL ADVISORY COMMITTEE

JOINT MEETING

September 13, 2019

WAB Commissioner Steve Geller, Broward County Board of County Commissioners, Chair MEMBERS Commissioner Kevin Biederman, City of Hollywood PRESENT: Commissioner Tim Lonergan, City of Oakland Park Council Member, Susan Starkey, Town of Davie Vice Mayor Tom Good, Pembroke Pines Mayor Sandy Welch, City of Coconut Creek Commissioner Tim Ryan, Broward County Board of County Commissioners Albert Carbon, TAC Chair Ron Bergeron, South Water Management District Commissioner Doug Bell, Central Broward Water Control District Board of Commissioners Mayor Greg Ross, South Florida Regional Planning Council Mark Peterson, Greater Fort Lauderdale Alliance Jack McCluskey, Alternate, South Broward Drainage District Board of Commissioners

WAB Mayor , City of Miramar MEMBERS Mayor Ken Thurston, City of Lauderhill ABSENT: Michele R. Clawson Commissioner Richard Blattner, Alternate, City of Hollywood Commissioner Neil Kerch, Alternate, City of Sunrise Mayor Frank Ortis, Alternate, City of Pembroke Pines Commissioner Dan Daley, Alternate, City of Coral Springs Mayor Dean Trantalis, alternate, City of Fort Lauderdale Mayor Michelle Gomez, Alternate, City of Tamarac Commissioner Barry Moss, Alternate, City of Pompano Beach

TAC Albert Carbon, Chair MEMBERS Kevin Hart, Co-Chair PRESENT: Talal Abi-Karam Harold Aiken Mike Bailey Doug Bell Randy Brown Patrick Davis Sara Forelle Rafael Frias Susan Bodmann for Alan Garcia Barry Heimlich Diego Munoz for Leny Huaman Jennifer Jurado Pete Kwiatkowski Cindy Griffin for Lisa Milenkovic Pat O’Quinn

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Steve Urich Tim Welch Renuka Mohammed

TAC Mark Collins MEMBERS Mike Crowley ABSENT: Steve Holmes Jose Lopez Stephanie Pearson

ALSO Michael Owens, Broward County Attorney’s Office PRESENT: Charles Drake, Vice President, Tetra Tech Terri Lowery, Senior Vice President, Jones Edmunds Pat Quinn, Natural Resources Specialist Senior, Broward County Environmental Planning Kevin Carter, Assistant to the Director, Broward County Water & Wastewater Services Nancy Cavender, The Laws Group

A joint meeting of the Broward County Water Advisory Board, Technical Advisory Committee was held at the Broward County Government Center, 115 South Andrews Avenue, Room 430, Fort Lauderdale, Florida 33301 at 10:07 am.

(The WAB/TAC meeting minutes were summarized by Norma Ellison. Copies of the presentations, as well as the sign-in sheet, are filed with the supplemental papers of the meeting.)

Roll Call – Water Advisory Board (WAB) Roll call was taken by the Real Time Reporter. A quorum was established.

The Chair introduced new board member Ron Bergeron representing South Florida Water Management District. Mr. Bergeron expressed his honor at being appointed a board member. He also promised to follow the instructions of the governor to focus on the quality of the environment for future generations.

Roll Call – Technical Advisory Committee (TAC) Roll call was taken by the Real Time Reporter. A quorum was established.

Public Comments None

WAB Approval of Minutes from May 10, 2019 On Motion of Mayor Ross, seconded by Council Member Starkey, and unanimously carried, the Board approved the Joint WAB/TAC Meeting Minutes from May 10, 2019.

PRESENTATIONS

Partner Recognition – Play Conservation Pays and Win! Sponsorship Commissioner Steve Geller, Broward County Presented to Charles Drake, Vice President Tetra Tech

The Chair presented and read aloud a plaque of appreciation to Tetra Tech, Broward County’s partner serving as the sole private sector sponsor of the Play Conservation Pays and Win! water conservation initiative. Charles Drake, Vice President of Tetra Tech, accepted the award and expressed his gratitude. As a result of Tetra Tech’s JOINT WAB/TAC SEPTEMBER 13, 2019 NE sponsorship and the campaign’s overall success, the Broward Water Partnership received a National Association of Counties Best in Class Award for the Play Conservation Pays and Win! initiative.

Coastal Video Show and Tell Pat Quinn, Natural Resources Specialist Senior, Broward County Environmental Planning

Dr. Quinn provided a brief video of an encounter on September 6th with a super pod of dozens of dolphins off Hugh Taylor Birch State Park. The video was a result of an offshore artificial reef assessment after Hurricane Dorian. Dr. Quinn and some of his staff took underwater dive pictures as well as dolphins following alongside the boat. The Chair along with the audience applauded Dr. Quinn for his remarkable video.

Septic Tank Ordinance Update

A Review of Best Practices Terri Lowery, Senior Vice President, Jones Edmunds

Kevin Carter, Assistant to the Director, Broward County Water & Wastewater Services, introduced guest speaker Terri Lowery, Senior Vice President, Jones Edmunds, the environmental consultant hired to assist local governments with the challenges involved in successfully transitioning from septic to sewer.

Ms. Lowery provided background information and discussed in detail the septic-to-sewer issue in Florida that was researched when developing her septic-to-sewer guidance document, as follows: ◦ 12% of septic tanks in the US are in Florida with 30% of the state relying on septic tanks ◦ Many septic tanks are failing, but others working properly still discharge nitrogen at high levels ◦ Septic systems have been put in sensitive areas along waterways contributing to blue green algae ◦ The challenge of dealing with a lot of stakeholders including regulators, local governments, utilities, environmental groups, property rights groups, builders, realtors, legislators, and citizens ◦ Cost and funding challenges is the biggest issue with many variables that impact costs, funding sources are available for leveraging the costs ◦ Public education and acceptance, explaining that homeowners are part of the problem ◦ Political consistency is essential as there is a lack of understanding ◦ Legislation has been written regarding transferring ownership of septic permitting from DOH to DEP

In summary, Ms. Lowery explained the goal of the septic-to-sewer document is to assist local governments in navigating challenges of septic tank transition. She outlined the different sections in the document noting case studies are included. She advised that the intent of the septic-to-sewer document is not to offer a comprehensive study, but collect thoughts, ideas, and resources from multiple sources in a single location.

The Chair thanked Ms. Lowery for her presentation. A question and answer session ensued.

In response to Chair Geller, Ms. Lowery agreed to provide Dr. Jurado and Mr. Carbon a non-technical information sheet that have been supplied to public attendees at various stakeholder meetings. The Chair alluded to the large septic tank community in Hollywood and the necessity for better communication.

In response to Commissioner Ryan’s concern regarding proximity and distance between homes, Ms. Lowery responded that there are advanced treatment alternatives for removing nitrogen in certain situations.

Commissioner Biederman informed that the City of Hollywood hired a new utilities director to deal with the financing component of its 10-year very aspirational conversion plan to 100% septic-to-sewer. He added that the County placed a limit of 15% to be spent on infrastructure. He advised that as a result, the City will have to rely on some state and federal funds so that residents aren’t burdened with those costs.

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In response to Commissioner Lonergan’s question on how much rural and/or small communities account for 30% of the state relying on septic systems, Ms. Lowery responded that there are different factors throughout the state, not a pattern, depending on the process of development that occurred in each city and the grant dollars available at the time for development.

Ron Bergeron inquired about the percentage of septic tanks vs. surface water discharges entering state waters, and the impact septic tanks have on surface water in state waters. Ms. Lowery answered that there are different numbers associated with TMDL’s for different water bodies. TMDL’s in basin management plan documents depict pie charts that break down nutrient loading from septic tanks. Mr. Bergeron suggested that one big step to easily address is educating the public on avoiding fertilizer. He further stressed the necessity of identifying the septic hotspots in Broward County. The Chair directed Mr. Bergeron to meet afterwards with Dr. Jurado on that subject.

TAC Recommendations Albert Carbon, TAC Chair

Mr. Carbon explained that the referenced Septic-to-Sewer Guidance Document discussed by Terri Lowery is a living document, and would not be part of the ordinance but be a reference to it. This document could be updated outside the ordinance as new information becomes available. The American Water Works Association (AWWA) and their working group would update it with additional case studies and new reference information.

The Chair thanked Mr. Carbon for his clarification and recommendation.

WAB Vote on Recommended Ordinance

Dr. Jurado and Michael Owens jointly addressed the provisions of the Septic Tank Ordinance. Dr. Jurado acknowledged Lenny Vialpando’s lead on this initiative. She informed that this recommendation is the work of Michael Owens’ consolidation of revisions.

She detailed out the major provisions and considerations ◦ Article 2 relates to the 180 days required for connection once line is installed ◦ Article 2 ½ relates to the quarter acre reference. If line is within that proximity, then the connections requirements would apply ◦ Exemption for rural ranches and rural estate is eliminated ◦ Code Enforcement responsibility transferred from the Department of Health back to the local government ◦ Upon notification that the line has been installed, owner will have a certain number of days to make that connection. Connection demonstration needs to be made and followed through by Code Enforcement. Each municipality can set a timeframe ◦ Connections are required due to the proximity of the aquifer and density of development in order to protect the aquifer ◦ Violations are deemed a public nuisance and require abatement ◦ Civil penalty structure for failures to comply, with the citation being 250 recurring daily fine ◦ Petitions for exemption offered thru opportunity for economic hardship claims

In response to the Chair’s inquiry as to how many residents actually connected but refuse to pay monthly charges, Dr. Jurado responded that there is uncertainty as to the degree of connections that occurred. The Chair stressed that this is one of the more important components of the issue.

Dr. Jurado requested that this proposed ordinance be brought forward with the Water Advisory Board’s recommendation alongside the exhibit, which would be this best management manual as noted as a community reference of best practices that could be employed to support communities in their development of programs that would aid for those connections. JOINT WAB/TAC SEPTEMBER 13, 2019 NE

In response to the Chair, Mr. Owens answered that a voice vote by the board members is sufficient for this purpose.

Mayor Ross expressed his concern that the verbiage is not clear regarding whether the exception from the connection requirement pertains to the connection or the charge and questioned the Florida DOH requirement. The Chair replied that the recommendation would be that the ordinance be passed today with any questions or concerns dealt with by Mr. Owens in the drafting stage.

Council Member Starkey raised a concern regarding her municipality having several utility providers, the closest utility to connect with in some instances is not in the same jurisdiction as the resident’s municipality.

Commissioner Good raised a similar concern that it should not be on the back of the city to force a connection to somebody else’s system that the city does not own. Mr. Owens added that the enforcement structure is dependent on classic code enforcement law within municipal jurisdictions vs. County unincorporated areas. Commissioner Good responded that he is not supportive of how the ordinance is currently written. Mr. Owens replied that as part of state law, local governments can enter into agreements that share responsibility; i.e., BSO serves as the local police for certain municipalities. He added that the vetting of this board, the Planning Council, and the Board of County Commissioners can help determine if his office will revise it to reference the interlocal government agreements. He also added that the County and the municipality could enter an agreement for the County to do hearing services or to exercise jurisdiction.

Mr. Bergeron raised his concern regarding the burdens on the property owner within the quarter mile to connect issues, and also the quarter acre requirement.

Due to the number of questions raised, the Chair requested a show of hands if the board members are ready to vote on the ordinance at this meeting or would you like this to come back at our next meeting with additional information on the questions that have been raised. Based on the show of hands, the Chair ended the discussion with no vote today and requested board members to submit comments and concerns in writing to Dr. Jurado within 15 days. Without objection, the Board agreed to discuss only these submitted items at the next WAB meeting.

Broward County Water Supply Facility Workplan Kevin Carter, Assistant to the Director, Broward County Water & Wastewater Services

Kevin Carter provided background information. He explained that Florida Statutes require local governments to prepare and adopt work plans into their comprehensive plans within 18 months after a water management district approves a regional water supply plan. The SFWMD approved the 2018 Lower East Coast Water Supply Update in 2018. The County integrated its comprehensive plan’s water resources elements and this new version is included in the work plan. He added that not only is it just the County but each of the cities in the District are preparing plans and probably at different steps in the process.

Mr. Carter explained the goal of the Broward County Water Supply Facilities Work Plan is to address traditional and alternative water supply source development strategies to meet existing and projected water use demands. The areas covered are Broward County’s Water & Wastewater Services (BCWWS) service areas and Broward County Municipal Services Districts (BCMSD) that serve 240,000 people. He added that BCWWS utility is unique because it operates 2 regional wellfields, 1 in the north and 1 in the south, which were put together to assist with saltwater intrusion several decades ago. The unincorporated areas make up the BCMSD, and he noted that the City of Fort Lauderdale provides water to several parts of it. Referring to his hand-out, he indicated where BCWWS provides water in District 1, District 2, and District 3, along with population and demand projections for 2040.

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Mr. Carter emphasized that projected Broward County water demand can be met by current permitted Biscayne aquifer allocations and our primary alternative water supply project, the C-51 Reservoir. The Capital Improvement Program includes infrastructure improvements to support reliable service to our current customers and in the future. He added that water conservation is also a key component to this plan as well.

In summary, Mr. Carter outlined the work plan’s adoption timeline, informing that it is expected to be adopted in March/April of 2020. He acknowledged the assistance of the team effort of Broward County’s Environmental Planning, Planning & Development Mgt, and Public Works, along with the various modelers, and scientists.

The Chair thanked Mr. Carter for his presentation.

Resilience Update Dr. Jennifer Jurado, Director and Chief Resilience Officer, Broward County EPCRD

Dr. Jurado provided a general comprehensive update on a variety of resilience initiatives, County and regionally:

◦ Resilient seawall standards ◦ Future conditions flood map ◦ South Atlantic Coastal Study ◦ Tidal monitoring ◦ Compact efforts ◦ Broward Resilience Roundtable ◦ Broward risk assessment and planning

She provided the timeline for the seawall ordinance, anticipating that a final form ordinance for consideration by the County Commission will happen by the end of the year. Next she provided an update on the Future Conditions 100-Year Flood Map, referring to her hand-out depicting the amount of detail that has been built into the model. She acknowledged Dr. Maran’s management of the project and the District’s level of staff review. She provided the timeline; modeling will begin in October, community stakeholder process will continue thru mid-next year, anticipation of a June 2020 adoption date.

Dr. Jurado informed that the Army Corps of Engineers (ACOE) is undertaking the South Atlantic Coastal Study (SACS). SACS is an evaluation of vulnerabilities and resilience for all areas up to the tidal structures. She emphasized that an adequate review of the Central South Florida Flood Control System is not addressed. Referring to her hand-out, she explained in detail the Tier 1 Analysis of Risk Assessment. She informed that a USACE Field Workshop is scheduled for September 26th with agency and community representation to start discussing infrastructure and various ways of mitigation. She informed that local tidal water data is now available during high tide events and surge thru the County’s hydrologic models. She shared that she requested her team investigate the surge levels measured with Dorian to better support modeling efforts. They are updating the regional sea level projections.

Dr. Jurado announced that the next Broward Resilience Roundtable is scheduled for October 4th to discuss the many advancements since the last roundtable last year, and to set the stage for the regional resilience study that has been placed in the budget. She also encouraged the members to register for the 11th Annual Compact Summit Conference as it is still open with a room block at the Costa Marina Resort.

The Chair thanked Dr. Jurado for her presentation.

C-51 Reservoir Dr. Jennifer Jurado, Director and Chief Resilience Officer, Broward County EPCRD

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Dr. Jurado recapped that there was an opportunity for alternative water supply funding requests for local and regional projects. She shared that although Broward County organized a request for a number of projects, including the C-51, it is disappointing that it did not make it in the top-ranked projects that will be presented for the Governing Board’s consideration. However, she added there are other projects, including large reuse projects that are receiving a recommendation for funding. She informed that there are 2 municipalities formally reviewing very intentfully a C-51 allocation, and hopefully will obtain some confirmation within the next month. Also, there is another large Broward municipality that is evaluating.

In response to the Chair, Dr. Jurado reiterated that this is for Phase 1. -Dade continues to consider its participation.

In summary, Dr. Jurado stated that Broward County is in a favorable position because many cities working through their 10-year water supply facility plans now are acknowledging the attractiveness of that project as a formal strategy for meeting future water needs.

New Business and Open Discussion

The Chair reminded the members of the 2019 Broward Leaders Water and Climate Academy. The organizational session is scheduled for September 27th with additional sessions scheduled for October 25th, December 13th and January 3rd and an optional workshop on November 15th. He offered the link for more information.

In reference to the septic tank ordinance, the Chair agreed to round off the deadline for submitting input from 15 days to the end of the month, September 30th. He reminded that any questions or comments on the ordinance are to be submitted in writing by that date to Dr. Jurado. He emphasized to the members that their comments are not to be shared with other members.

The Chair then requested Ms. Lowery to please add sea level rise as an important component in her septic-to- sewer guidance document.

Lake Okeechobee Water Levels: 09/30/2019: 13.26; 1 Month ago: 11.95; 1 Yr. ago: 14.61 ft-NGVD

Next Scheduled Joint WAB/TAC – November 8, 2019 Next Scheduled TAC Meeting – October 18, 2019

ADJOURNMENT

There being no further business to discuss, without objection, the meeting adjourned at 12:00 pm.

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