Item 2AAGENDA ITEM # 2A
NOVEMBER 9, 2009
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Consumptive Use Permit Issued by the St. Johns Water
Management District
SUBMITTED BY: Jim Hanson, City Manager
DATE: September 21, 2009
BACKGROUND: Local water system operators are required to get a Consumptive Use
Permit from their local water management districts to authorize the
removal of water from the aquifer. Atlantic Beach's last Consumptive
Use Permit expired on November 12, 2007. City staff applied for the
renewal of this permit almost two years ago and has been involved in
responding to requests for additional information (RAIs) and submitting
additional comments to the Water Management District (WMD) since
then. Anew 10-year permit has now been issued. This staff report is to
bring to your attention several of the conditions in this permit, a copy of
which is attached for your review.
Condition Number 14 states that "the District may require" Atlantic Beach
to become a reclaimed water supplier if, at anytime during the next 10
years, it becomes "practical, economically feasible and permissible." No
guidance has been provided by the WMD as to what the criteria is for
economic feasibility. City engineers made a report in December of 2008
outlining a $19 million dollar estimated cost to build a reclaimed water
system that would serve several larger customers. However, it would not
be capable of meeting the new wastewater discharge criteria for nitrogen.
On a much smaller scale, and in anticipation of a grant from the WMD,
The City has made a proposal to the Selva Marina Country Club to
provide reuse to their renovated golf course, although no agreement has
been reached as to price.
Condition Number 31 requires the City to "adopt the District's model
water conservation ordinance for landscape irrigation" no later than
November 30, 2009. Atlantic Beach has had an irrigation ordinance in
effect for several years and has amended it to incorporate the WMD's
irrigation guidelines. However, they are essentially requiring Atlantic
Beach to adopt their model ordinance on a verbatim basis.
Condition Number 33 requires the City to adopt a "Florida Friendly"
Landscape Ordinance no later than December 31, 2009. Further, the City
must submit a proposed ordinance to the WMD "for review and approval
no later than October 31, 2009" and the "adopted ordinance shall
incorporate any revisions provided by the District." The State law
authorizing WMD's to require these ordinances as a condition of the
Consumptive Use Permits only took affect earlier this summer, so there
are not a lot of other jurisdictions to check with as to the details of the
AGENDA ITEM # 2A
NOVEMBER 9, 2009
ordinance, the cost of enforcement and other practical considerations. One
of the main provisions of such an ordinance is that the City would issue
landscape permits for all new and renovated landscapes with specific
provisions related to buffer areas, impervious surface, a maximum amount
of turf grass that can be planted, and several other requirements. The
complexity of this model ordinance, coupled with the need for public
understanding and input, will make the WMD's timelines for approval
very difficult to achieve. A copy of the "Florida Friendly Landscape
Guidance Model for Ordinances" prepared by the State of Florida will be
distributed along with the agenda for the commission meeting.
Condition Number 34 requires that the City adopt a reuse ordinance no
later than December 31, 2009. It also requires that the proposed ordinance
be submitted to the WMD for review and approval no later than October
31, 2009 and that the City shall incorporate any revisions provided by the
WMD. The City of Jacksonville adopted a similar ordinance a couple of
years ago that requires developers of new projects over a certain size to
connect to any public reuse system that is within a certain distance of their
new project, and to construct reuse lines to serve the project. City staff
pointed out to the WMD on several occasions that Atlantic Beach does not
currently have a reuse system.
Condition Number 36 requires that the City "must have all reclaimed
water distribution infrastructure in place and ready for delivery...to the
Selva Marina Country Club golf course and landscape areas and its
associated proposed residential development prior to the completion of the
redevelopment of the golf course and prior to any residential units being
occupied." While a proposed agreement has been offered to the Country
Club, no agreement has been reached as to the terms or price of the reuse
water and it is possible that the City will not be in a position to provide
reuse water to that development if it is ultimately built. A request for
modification to this language has been made to the WMD on several
occasions. While we understood a modification would be forthcoming,
none has been included in this permit.
BUDGET: There will be costs associated with meeting several of the conditions in
this Consumptive Use Permit which could range from several million
dollars in capital funding for reuse systems to a considerable amount of
ongoing costs to enforce the conditions in ordinances required by the
WMD. More detailed cost estimates are not yet available.
RECOMMENDATION: The City Commission should review the conditions in this Consumptive
Use Permit as well as the "Florida Friendly Landscape Guidance Model
for Ordinances" and advise staff on how to proceed.
ATTACHMENT: (1) Consumptive Use Permit
(2) Florida Friendly Landscape Guidance Model for Ordinances