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HomeMy WebLinkAboutDocumentation_Environmental Advisory Committee_Tab 02_5/11/2022Agenda Item #2. Environmental Advisory Committee (EAC) STAFF MEMO Meeting: Environmental Advisory Committee (EAC) - May 11 2022 Staff Contact: Thomas Bradford, EAC Chair Department: Environmental Advisory Committee Draft Recommendations to the EAC on the Conservation Element, v6 of the VOT Comprehensive Plan for Consideration of the Village Council and Staff SUMMARY: '04 This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443. BUDGETED AMOUNT: n/a AVAILABLE AMOUNT: n/a EXPENDITURE AMOUNT: n/a Additional Budgetary Information: Funding Source(s): n/a n/a Backup Memo Conservation Ele Sub Ele v6 051122 (Meraed) co Page 10 of 23 Agenda Item #2. Village of Tequesta Environmental Advisory Conunittee Memo To: Environmental Advisory Committee Members From: Thomas G. Bradford, Chair, EAC Cc: NA Date: May 4, 2022 Re: Draft Recommendations to the EAC on the Conservation Element, v6 of the VOT Comprehensive Plan for Consideration of the Village Council and Staff VOT Resolution No. 24-19, which created the EAC, requires the EAC "...to within the bounds of the Village's Comprehensive Development Plan, develop recommendations for goals, objectives and policies relative to sustainingand the environment of the Village of Tequesta." To this end, the EAC is now reviewing the Conservation Element of the VOT Comprehensive Plan in six phases, vl, v2, v3, v4, v5, and v6. In order to keep the review process manageable only one of the versions will be reviewed at each EAC meeting. This memo addresses v6. Items usually highlighted in yellow are noted places where an environmental matter is stated in the Element. However, in this case, every Goal, Objective, and Policy in the Conservation Element is an environmental matter makiniz hishli6tiniz unnecessarv. There 111 combined Goals, Objectives and Policies to be commented on in this Conservation Element. I will try to break this down into 6 separate parts over 6 months or more of EAC meetings to keep it manageable. This equates to approximately 22 items to comment on per month. TGB comments are my thoughts on the item. EAC proposed Options are my suggestions of what we should tell the Village about the item. You are encouraged to review the Element or sub -element and propose where you see environmental issues requiring EAC review potentially overlooked in this memorandum or make suggestions on how to modify or add to the comments and options provided herein Page 11 of 23 Agenda Item #2. to consider for recommendation to the Village Council and staff. The link to the VOT Comprehensive Plan is as follows: http:Htequesta.org/84/Community-Development Pertinent sections pertaining to environmental issues within the Conservation Element, v6, of the VOT Comprehensive Plan and my comments are as follows: CONSERVATION ELEMENT Objective: 2.15. 0 - The Village shall implement the Water Supply Facilities Work Plan to ensure that adequate water supplies and public facilities are available to serve the water supply demands of any population growth the Town may experience. TGB Comment to EAC: A Water Supply Facilities Work Plan identifies and plans for the water supply sources and facilities needed to serve existing and new development within a county's or municipality's jurisdiction. Within 18 months of the SFWMD adopting or updating a Regional Water Supply Plan, each local government within that region must prepare and adopt a Work Plan that will become part of its comprehensive plan. VOT adopted a required Water Supply Facilities Work Plan with Ordinance No. 28-19 on March 12, 2020. You can access the Plan at the link below. If interested, there are some insightful statistics in the Plan document attached to the ordinance. https://imaging.tquesta.org/WebLink/DocView.aspx?id=150049&dbid=0&repo=TEQUESTA The Plan indicates that the VOT Water Utility can meet anticipated water demand to at least 2040 with existing facilities. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o No comment Policy: 2.1 S.1- The Village shall coordinate the planning of potable water and sanitary sewer facilities, water supply sources, demands, other services and level -of -service standards with the Loxahatchee River Environmental Control District (LRECD), Palm Beach County, Martin County, South Florida Water Management District, and through the Lower East Coast Water Supply Plan Update, as necessary. TGB Comment to EAC: This makes sense. In regard to the LRECD, see attached Exhibit A, which comes from the VOT Water Supply Facilities Work Plan. Since Jupiter Hills is receiving LRECD IQ or Reuse Water there may be an opportunity to use this water source to irrigate Tequesta Park and the anticipated streetscape plans for Old Dixie Highway, which were a recommendation from the recent Charrette in Tequesta. If less expensive than Tequesta potable water and well water 2 Page 12 of 23 Agenda Item #2. irrigation this would be an economic benefit and provide for recharge of the Surficial Aquifer in the Tequesta Water Service Area, while helping to keep salt water intrusion at bay. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o Fine as written. Consider undertaking a cost benefit analysis of using LRECD IQ water to irrigate Tequesta Park and the Old Dixie Highway streetscape project versus using Tequesta potable water and well irrigation. Policy: 2.15.2 - The Village will cooperate with the LRECD to jointly develop methodologies and procedures for biannually updating estimates of system demand and capacity and ensure that sufficient capacity to serve development exists. TGB Comment to EAC: This makes sense. The potable water supply capacity and the sanitary sewer capacity should dovetail one another for planning purposes. If they are not in sync development could come to a halt, which is bad for the local economy. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o Fine as written. Policy: 2.15.3 - If in the future there are issues associated with water supply, conservation or reuse the Village will immediately contact the LRECD to address the corresponding issue(s). In addition, the Village will follow adopted communication protocols with the LRECD communicate and/or prepare an appropriate action plan to address any relevant issue associated with water supply, conservation or reuse. TGB Comment to EAC: I don't have a problem with this policy statement except that it makes no mention of a future issue with sanitary sewer treatment capabilities or capacity, which if not addressed via these communication protocols could be a problem for environmental integrity and/or the local economy. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o Add sanitary sewer treatment capabilities or capacity to this policy addressing communications between two important local government entities. Policy: 2.15.4 - The Village will encourage the use of high efficiency toilets, showerheads, faucets, clothes washers and dishwashers that are Energy Star rated and WaterSense certified in all new and retrofitted residential projects. 3 Page 13 of 23 Agenda Item #2. TGB Comment to EAC: To "encourage" is a waste of time and is likely not happening at all. All new construction and any renovation project equal to, or in excess of, 50% of the existing property value should be required to use Energy Star rated and WaterSense certified efficiency toilets, showerheads, faucets, clothes washers and dishwashers in all such construction projects. I'm not sure what a "retrofitted" residential project is. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o Change the VOT Code of Ordinances to require new construction and any renovation project equal to, or in excess of, 50% of the existing property value should be required to use Energy Star rated and WaterSense certified efficiency toilets, showerheads, faucets, clothes washers and dishwashers in all such construction projects. o Alternatively, develop a Code provision providing VOT incentives for Green Building construction or renovation projects that include, among many other energy and water conservation techniques, Energy Star rated and WaterSense certified efficiency toilets, showerheads, faucets, clothes washers and dishwashers. Policy: 2.15.5 - The Village will encourage the use of Florida Friendly Landscape guidelines and principals; gutter downspouts, roof runoff, and rain harvesting through the use of rain barrels and directing runoff to landscaped areas; drip irrigation or micro -sprinklers; and the use of porous surface materials (bricks, gravel, turf block, mulch, pervious concrete, etc.) on walkways, driveways and patios. TGB Comment to EAC: "Encouraging" FFL is now off the table in VOT. FFL is required. Gravel is not allowed for driveway use in VOT. The adopted Stormwater Management Practices Manual may address these principals and should be mentioned. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o This policy should be updated to read "The Village requires the use of Florida Friendly Landscape guidelines and principals. The Village will promote use of gutter downspouts, roof runoff, and rain harvesting through the use of rain barrels and directing runoff to landscaped areas; drip irrigation or micro -sprinklers; and the use of porous surface materials (bricks, turf block, mulch, pervious concrete, etc.) on walkways, driveways and patios." "Gravel" has been removed. The Stormwater Management Practices Manual adopted in April 2022 should be referenced in the rewriting of this policy. Policy: 2.15.6 - The Village will participatg when warranted in the SFWMDs Water Savings Incentive Program (WaterSIP) for large-scale retrofits as recommended by the Lower East Coast Water Supply Plan. 4 Page 14 of 23 Agenda Item #2. TGB Comment to EAC: The "WaterSip" program name is no longer used by SFWMD. The new name is the "Cooperative Funding Program." I don't understand this policy focus on "large-scale retrofits as recommended by the Lower East Coast Water Supply Plan." Examples of eligible SFWMD WaterSip water conservation projects in previous years include: • High -efficiency indoor plumbing retrofits and/or rebates • Automatic line flushing devices and/or hydrant flushing devices • Pre -rinse spray valves • Irrigation retrofits, including soil moisture sensors, rain sensors and irrigation head upgrades • Potential applicants include not just cities, but also public utilities and water providers, homeowners/condominium associations, hospitals, museums, schools and commercial facilities. The Village could let the public know that these SFWMD grants are available and could encourage homeowners to convert to high efficiency plumbing retrofits or establish rebate programs. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o Update the name of this program to the SFWMD "Cooperative Funding Program." Modify this policy statement to not be only focused on large-scale retrofits. VOT should periodically make it known to the residents and customers within the VOT water service area that this SFWMD Cooperative Funding Program exists to help them conserve water and save money. Policy: 2.1 S. 7 - The Village shall cooperate and comply with Palm Beach County's Wellfield Protection Ordinance for existing and future public water wells. TGB Comment to EAC: Agreed, but we also have wells in Martin County. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o Add to this policy statement that the VOT will also cooperate and comply with the Martin County Wellfield Protection Ordinance pursuant to Sec.4.141 of the Martin County Land Development Regulations. See link: hllps://Iibrga.municode.com/fl/martin county/codes/land development regulations ?nodeld=L ADERE ART4SIDEST DIV5WEPR Policy: 2.15.8 - The Village shall seek funding to implement the recommendations of the Southeast Florida Regional Climate Change Compact to reduce the impact of Sea Level Rise (SLR) and salt water intrusion into the aquifer feeding Village's wells: 5 Page 15 of 23 Agenda Item #2. TGB Comment to EAC: Great. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o Fine as written. Please proceed with a grant funding application to conduct a Sea Level Rise Vulnerability Assessment Study for the Village of Tequesta, while State funding still exists. Policy: 2.15.9 - The Village shall seek ways to optimize the integrity of its recharge areas and minimize future degradation affecting water supply quality and quantity by limiting adverse usage, adding additional recharge areas, and/or alternate water supply areas. TGB Comment to EAC: I think "optimize the integrity of its recharge areas" means engage in scheduled ongoing maintenance of such recharge areas. Tequesta Park could be an added recharge area. It is only 1,900 feet from the LRECD IQ water main serving Jupiter Hills Country Club and HOA. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o Fine as written if pursued as promised by this policy statement. Policy: 2.15.10 - The Village shall consider the recommendations of the Southeast Florida Regional Climate Change Compact to reduce the impact of Sea Level Rise (SLR) and salt water intrusion into the aquifers feeding Village's wells: TGB Comment to EAC: I am not sure this organization has the sway it did 5 years ago. Perhaps the Village did "consider" the recommendations of the SEFRCCC, but here is what they say about VOT, a community surrounded by water on three sides: "Completed Recommendations, No Results, Now Defunct." See the links below if interested: hqps:Hsoutheastfloridaclimatecompact.org/ https://southeastfloridaclimatecompact.org/recommendations/ EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o Currently, all a staff member of Tequesta has to do is read the recommendations and they comply with this policy statement since they would have "considered" it. This policy should be rewritten to require adoption of one or more recommendations of the Southeast Florida Regional Climate Change Compact to reduce the impact of Sea Level Rise (SLR) and salt water intrusion into the aquifers feeding Village's wells; if this organization still (.1 Page 16 of 23 Agenda Item #2. has credibility. If not, find another agency with a similar mission and implement some of their recommendations. Policy: 2.15.11- The Village shall consider conservation initiatives addressing sea level projections as adopted by the southeast Florida Regional Climate Change Compact. TGB Comment to EAC: There's that weak word "consider" again. The Southeast Florida Regional Climate Change Compact conservation focus is on implementation of monitoring, management, and conservation programs designed to protect natural systems and the services they provide to society while improving their capacity for climate adaptation. One could argue that the formation of the EAC is the process used by Tequesta to address conservation initiatives. Resources for implementing natural systems recommendations of the Southeast Florida Regional Climate Change Compact include: o Foster Public Awareness o Promote government conservation land acquisition o Promote coastal natural systems o Revise environmental regulations o Promote freshwater buffer landscapes o Respond to beach erosion o Promote urban tree canopy Learn more here: hgps://southeastfloridaclimatecompact.org/resources/natural-systems/ EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o Continue to review, and where appropriate, implement EAC recommendations on a more timely basis as well as those recommendations of various agencies around the world tasked with environmental protection, enhancement and climate change mitigation for the benefit of Tequesta, its citizens, our land and surrounding waters. Policy: 2.15.12 - The Village shall work to protect existing wellfields and water supplies, and plan for infrastructure replacement and wellfield relocation as needed in accordance with state rules, water policy, and in consideration of potential increased coastal flooding, sea level rise, saltwater intrusion, and other potential future climate change impacts. TGB Comment to EAC: These are the normal daily activates of a water utility except for the relatively new emphasis on climate change impacts. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o The Village will never know with a high degree of certainty the impact of potential increased coastal flooding, sea level rise, saltwater intrusion, and other potential future 7 Page 17 of 23 Agenda Item #2. climate change impacts if it does not start with a contracted Vulnerability Study of the potential impacts of sea level rise (climate change) on its public infrastructure followed by creation of a climate change mitigation plan. Existing staff lack the knowledge about sea level rise and are busy with the day-to-day requirements of managing and operating a water utility to do anything other than provide the data needed for creation of a comprehensive Vulnerability Study. Policy: 2.15.14 - The Village, in cooperation with the United States Geological Survey (USGS) and the SFWMD, shall establish source -water (wellfield) monitoring and protection programs. TGB Comment to EAC: This reads as if this is something new, but it is not. This has been going on for decades. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o Fine as written. Policy: 2.15.15 - The Village shall protect the Surficial Aquifer System by controlling land uses and preventing any use that might contaminate or reduce the quality level of the aquifers. TGB Comment to EAC: This is poorly written and requires more thought. If one truly was to prevent land uses that might contaminate or reduce the quality of the aquifers, there would be no gas stations, auto repair shops, dry cleaners or even single-family homes on the north side of the Loxahatchee River because homeowners place fertilizers, pesticides and have been known to dump used motor oil on the ground etc. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o If you are going to protect the Surficial Aquifer "system" by controlling land uses, please explain how? Why not just prevent any use that could reduce the quality, but where would you draw the line? Why not just agree to a more aggressive wellfield monitoring and protection program than currently is done as stated in Policy 2.15.14? Tequesta, surrounded by water on three sides, is very vulnerable to salt water intrusion due to excessive use of the Surficial Aquifer by non -governmental entities, extended drought and sea level rise. Adding LRECD IQ Water to the water table and increasing capture of stormwater runoff could be of great help. Policy: 2.15.16 - To further protect and conserve the Surficial Aquifer, and protect against sea level rise and future climate change impacts, the Village shall seek funding for studies to research enhancing aquifer recharge and investigate utilization of alternative water resources to supplement and broaden the Village's future water supply sources: These potential sources include, but are not limited to, Aquifer Storage and Recovery (ASR), desalination, capture and storage of excess storm 0 Page 18 of 23 Agenda Item #2. water, appropriately treated reclaimed water, and other technologies addressed in the 2013 Lower East Coast Water Supply Plan Update of the SFWMD. TGB Comment to EAC: I agree that something needs to be done, but one should not shoot themselves in the foot (proposing solutions before formal analysis) by getting the cart before the horse. Also, this must not be as urgent as this policy statement sounds. I am unaware of any such studies taking place since this Comp Plan was adopted in 2018. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o Because VOT has a Water Utility the scope of work in a Vulnerability Study of the impacts of sea -level rise can and should include an assessment of the impacts to the Surficial Aquifer in addition to other typical items in a sea level rise Vulnerability Study like sea walls and raising and hardening critical infrastructure deemed to be vulnerable. However, it should be noted that items such as enhancing aquifer recharge, utilization of alternative water resources, aquifer storage and recovery (ASR), desalination, capture and storage of excess storm water, appropriately treated reclaimed water, and other technologies are all mitigation strategies to consider after one has identified the scope of the problems now and anticipated for the future. Step 1 is to identify the severity of any problem and forecast future problems based upon existing data. Step 2 consists of identifying mitigation strategies that one can afford to implement to stop or minimize the problems identified in the Step 1 Vulnerability Study. Policy: 2.15.17 - The Village shall continue to enforce the land development regulations that require a minimum of fifty (50) percent of all required trees to be native vegetation and twenty- five (25) percent of all other required plants to be native vegetation species to satisfy landscaping requirements as a condition of development or permit approval. TGB Comment to EAC: This needs to be updated. It is now 50% of all landscaping needs to be Florida Friendly Landscaping in certain zoning districts. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o Update this policy to match the requirements of Chapter 78 — Zoning, Article IX, Division 4- Landscaping, as may be amended in the near future. See: h!Vs:HlibraEy.municode.com/fl/teguesta/codes/code of ordinances?nodeld=PTIICOOR6CH78Z O ARTIXSURE DIV4LA Policy 2.15.18 - The Village shall maintain and seek to expand the Village's inventory of green permeable open space so as to provide maximum area for shallow aquifer recharge and Stormwater filtration/percolation, oxygen production, visual buffer and wildlife habitat. This shall be Ifl Page 19 of 23 Agenda Item #2. accomplished through implementation of land development regulations, additional parks and open space. TGB Comment to EAC: This a good reason to not sell any land owned by Tequesta. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o Fine as written. Policy: 2.15.19 - The Village shall implement land clearance regulations requiring the removal of invasive exotics plants and the preservation and reestablishment of native vegetative communities to the greatest extent practicable, considering climate adaption needs and strategies for assisting in natural migration, thereby enhancing wildlife habitat. TGB Comment to EAC: Delete the words "to the greatest extent practicable." EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o Fine as written, with the deletion of the words "to the greatest extent practicable." Policy: 2.15.20 - The Village shall consider implement strategies to address the climate adaptation needs of native plants and animal species. TGB Comment to EAC: The word "implement" should be "implementing." The VOT will need to review strategy options developed by organizations with knowledge, expertise and deep resources in order to understand the climate adaptation needs of native plants and animal species. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o Fine as written. Change the word "implement" to "implementing." Policy: 2.15.21- The Village shall implement strategies to promote species diversity, the planting of native landscapes, and sustainable urban forest landscape practices in order to protect the health and resiliency of our natural resources from the impacts of climate change. TGB Comment to EAC: Expanding the scope of Florida Friendly Landscaping throughout the VOT Code of Ordinances as the EAC has recommended would address the native landscape issue and expanding the streetscape canopy throughout the VOT as recommended by the EAC will address the sustainable urban forest landscape practices. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: 10 Page 20 of 23 Agenda Item #2. o Fine as written, but the VOT should implement the recommendations of the EAC for Florida Friendly Landscaping and expansion of the VOT streetscape canopy as a starting point for implementation strategies pertaining to this policy statement. Policy: 2.15.22 - The Village shall coordinate with Palm Beach County to assess the vulnerability of specific species, habitats, landscapes, and ecosystem functions that may be sensitive to climate change and develop coping strategies and contingency plans for their adaptation, such as identifying habitats that may be viable during climate disturbances and could potentially serve to give refuge to and sustain at -risk species. TGB Comment to EAC: Working locally with Palm Beach County DERM is a smart way to do this, but it's not the only option. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o This policy statement is admirable, but Palm Beach County DERM is not the only option for the VOT. This policy statement should make reference to the Florida DEP, EPA and maybe even the Southeast Florida Regional Climate Change Compact for avenues of coordination on this anticipated issue. Objective: 2.16.0 - The Village shall work locally and cooperate regionally to improve energy conservation, reduce greenhouse gas (GHG) emissions from government operations and the community, and work to minimize air quality and ecosystem impacts in order to reduce the carbon footprint by and enhance economic and community resiliency. TGB Comment to EAC: This objective has to the potential to be met by the VOT membership in International Council for Local Environmental Initiatives (ICLEI) and the use of their software Clear Path. EAC Proposed Options: Options to consider for recommendation to the Village Council and staff are: o Fine as written. Policy: 2.16.1- The Village shall identify specific strategies to guide energy efficiency accounting for Public Facilities. TGB Comment to EAC: This policy statement has to the potential to be met by the VOT membership in International Council for Local Environmental Initiatives (ICLEI) and the use of their software Clear Path. 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