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Home My WebLink AboutDocumentation_Regular_Tab 07B_07/14/1994 � � VILLAGE OF TE UESTA � . Q ; , Pou Office Box 3273 • 357 Tequesta Drivc '-- Teqursta, Florida 33469-0273 • (40� 575-6200 r � � Fax: (407) 575-6203 s , �� i ��M COUM� 1�'l�il�'l�l�Lil\ L V l�'li TO: Village Council �� FROM: Thomas G. Bradford, Village Manager ,� DATE: July 7, 1994 SUBJECT Response to ENCON Regarding Participation in Septic Tank Study; Aqenda Item As you may know, ENCON's Governing Board voted at their regular meeting on June 16, 1994, to withdraw their permit for a low- pressure sewer system within those areas impacting Tequesta. Subsequently, Sawyer Thompson, Chairman.of ENCON, wrote Mayor Mackail by letter dated June 17, 1994, asking that the Village Council revisit Chairman Thompson's letter of May 31, 1994, requesting that the Village of Tequesta participate in the establishment�of a specification for the Study and then conducting the Study under your (Village Council) direction and abide by its results. Technically, this matter is not yet closed. In the words of Yogi Berra "It ain't over, till it's over". There remains a step called Order of Dismissal to officially close the issue. Upon receipt of such, I believe that the Village Council should respond to the latest ENCON communication. Additionally, I believe that the Village Council should agree to participate in the Septic Tank Study, along the lines of that indicated within the draft letter that I have prepared for your review. � Therefore, the purpose of this agenda item is for the Village Council to decide whether they wish to respond to ENCON and, if so, whether they wish for Tequesta to participate in the Septic Tank Study along the lines indicated in my attached draft letter. TGB/krb Attachment r,:. , .�,.? . . : . � SU6JECT T'' MODI�IC�E I'�� July 15, 1994 Mr. Sawyer Thompson, Jr. � Chairman Loxahatchee River Environmental Control District 2500 Jupiter Park Drive Jupiter, Florida 33458-8964 RE: Request for Tequesta Participation in the Establishment of a Specification for Septic Tank Study Dear Mr. Thompson: This is in response to your letter of May 31, 1994, and the follow- up correspondence of June 17, 1994, requesting the Village of Tequesta to participate in the establishment of a specification for a study initiated by ENCON to study the impact of septic tanks on the Loxahatchee River Basin. We are encouraged by your Board's decision to apparently withdraw your permit appl�.cation for a low- pressure sewer system within any portion of Tequesta. Accordingly, our response to your request has been amended as appears below. At the request of your Executive Director made at a meeting with our Village Manager on April 14, 1994, the Village Manager sought Village Council directian regarding Tequesta participation in a proposed ENCON Septic Tank Study at the Village Council Meeting on April 14, 1994. The Village Council responded that their wish was for Tequesta to be involved in the ENCON Septic Tank Study by soliciting the direct� involvement of ci.tizens from each area potentially impacted by the installation of a sewer system. A copy of the Village Manager's correspondence of April 19, 1994, advising your Executive Director of the Village Council's preferences in this regard, is attached for your review. Subsequent to our April 14th Village Council Meeting, Village staff has identified representatives from each potentially impacted neighborhood that wish to be involved in ENCON's Septic Tank Study. Since ENCON has authorized the engagement of an engineering firm to prepare a specification for the study and is prepared to compensate ($63,000) the engineering firm to undertake such efforts, Tequesta sponsorship of the study appears to entail an endorsement of and participation in the same. We believe that if the following conditions are met, Tequesta could endorse and that the septic tank study could be considered, "Tequesta sponsored": 1) ENCON funds 100$ of the specification for the study and 140� of the study itself. 2) The citizens volunteering from the effected neighborhoods are guaranteed an active and meaningful rale in the entire study process, in addition to the preparation of the specification for the study. 3) In the event that the study demonstrates conclusively that a ,.�'� �,,. � �°� - � � .�.�. � substantial negative impact to the Loxahatchee River is directly caused by septic tanks located solely within Tequesta, and such problems cannot be corrected, then in keeping with ENCON previous public commitments in this regard, a gravity sewer system installed and funded,by ENCON shall be the agreed upon alternative for mitigation if a centralized sewer system is recommended to address substantial negative impacts attributed solely to septic tanks located within Tequesta, and problems from which cannot be corrected. Lastly, please be advised that Tequesta's Comprehensive Development Plan does not call for a septic tank study under the conditions you have referenced. Tequesta, however, is willing to sponsor ENCON's funded study under the conditions referenced in the name of good intergovernmental coordination which is an important element of Tequesta's Comprehensive Development Plan. We look forward to working toward a cooperative arrangement to study the problems of the Loxahatchee River alleged by ENCON and to rectify any significant negative findings in an acceptable manner as referenced herein. We would appreciate receiving any and all documentation in the �ossession of ENCON regarding your allegation that the Loxahatchee River does not meet state standards. Sincerely, Ron T. Mackail � Mayor . , RTM/krb c: Village Council, w/attachment Thomas G. Bradford, Village Manager, w/attachment John C. Randolph, Village Attorney, w/attachment Scott G. Hawkins, Esq., w�attachment Timothy Goldsbury, w/attachment Robert Milbank, w/attachment Michael Hart, w�attachment Dr. Stanley B. Jacobs, w/attachment A1 DeMott, w�attachment Richard Niebling, w/attachment Abe Lehrmann, w�attachment , Loxahatchee River District � �,�� ;�� 'o 2500 Jupiter Park Drive a��:� � Jupiter, FL 33458-8964 W o Telephone (40?) 747-5700 ,�,C'� � '�" � ,� ;', o Fax (407) 747-9929 June 17, 1994 �`� � �� -�� ,��'' ViLLAGE OF 9� � i TEQUESTA �, Viilage of Tequesta Fax: (407) 575-6203 °D R�c� C. DE\iT Post Office Box 3273 .1UN 2�' 1Q�� 'DIRECI'OR 357 Te uesta Drive VlILAGE , q ` MANAGER'S Tequesta, FL 33469 9 OFFICE s„` 5 q Attention: Ron T. Mackail, Mayor Dear May�r Mackai!: Thank you for your letter of June 13 responding � to mine of May 31. To further clarify ENCON's position, in addition to the motion passed to not install low pressure lines in Tequesta, our Board I.ast evening voted unanimously to authorize the withdrawal of the permit application which read this way. (Permits have been received for the low presure system in certain areas outside of your town limits.) I believe there is no basis for litigation on Tequesta's part and the additional action taken by our Board last evening should be sufficient to convince you to cease this action. Hoping you do so, I request you revisit my letter of May 31 at your earliest convenience - we have authorized the consulting engineers to continue with the RFP. With regard to your request for additional information that the Loxahatchee River does not meet state standards, by copy of this letter I am requesting our staff to provide this to you shortly. Sincer , Sawyer Thompson, Jr. Chariman, Loxahatchee River Environmental Control District cc: Richard C. Dent, Executive Director Board Members Jim Davis Jce Ellis Sawyer Thompsoa, dr. Dr. Matt Rostock Willism B. O'Donnell Board Member Board Member Chairmaa Board Member Board Member � Loxahatchee River District ��,v�aoN�,E�,��` �� . 2500 Jupiter Park Drive � � ` . � Jupiter, FL 33458-8964 ` ,� Administration & Engineering �� '�, �o Telephone (407) 74?-5700 ya�,� l � � �ay`' Fax (40?) 747-9929 � °' ' 97 + y � FAXED - 6/ 22 / 94 �ucx�xn c. nsrrr EXECUTIVE DIBE(.'TOR June 21, 1994 � 11 Mr. Stuart M. Lerner .• ;,01 r � ♦ State of Florida °>> V�LLAQE OF � Division of Administrative Hearings �'� TEQUESTA The Desoto Building p _� J lt H 2� 1994 N 1230 Apalachee Parkway � Tallahassee FL 32399-1550 VILLAGE � ; .��,� MANAGER'S Re: DOAH ;�94-003216 ` OFFICE �" Vi l lage of Tequesta vs . ,�� •: °i� 1i Loxahatchee River District Permit Application #CS50-233832 (North) Dear Mr. Lerner: Under separate cover, you shall be receiving correspondence reflecting action by the District's Governing Board requesting withdrawal of Permit Application #CS50-233832 (North). Since this action should negate the necessity of proceeding with the above referenced hearing, the District respectfully requests that you dismiss this case. If you have any further questions on this matter, please contact Mr. Richard Dent, Executive Director, at 407-747-5700. Sinc ely, Sawyer Thompson., Jr. Chairman Loxahatchee River Environmental Control District cc: Village of Tequesta Mrs. Lori Rillinger, DEP Mr. Curtis Shenkman Mr. IImesh Asrani, P.B.C. Health Unit J4T nAVis J� F.11ic SaR��- Thomanon. Jr. Dr. �tatt Rostxk WilIiam B. O'DonneII - Lozahatchee River District � �� o 2500 Jupiter Park Drive a�' . � Jupiter, FL 33458-8964 � ` o Administration & Engineering ��y ., : � , ayy �o 1�elephone (40?) 747-5700 ,�� 97 � y �� Fax � (407) 74?-9929 � RICNARD C. DEIVT June 21, 19 9 4 FAXED - 6/ 22 / 9 4 FJ�CUTtVS DIB£.(,"fOR Mr. Umesh Asrani, P.E., Assistant Director Environmental Science & Engineering State of Florida Department of Iiealth & Rehabilitative Services Palm Beach County Health Unit P.O. Box 29 West Palm Beach, FL 33402 Re: File No. CS50-233832 (North) ' I.D. �5050M01284 Low Pressure Sewer System Permit Application Dear Mr. Asrani: Be advised that at a regular meeting of the District Governing Board held on June 16, 1994, a motion was unanimously passed requesting the withdrawal of Permit Application #CSSO-233832 (North) which includes the installation of Low Pressure Sewer Systems in the Village of Tequesta. Please find enclosed a copy of the minutes of the June 16th Gove=ning Board meeting which reflects the passage of the aforesaid motion. If you have any further questions on this matter, please contact Mr. Richard Dent, Executiv� Director, at 747-5700. Since ly, Sawyer Thom on, Jr. Chairman Loxahatchee River Environmental Control District cc: Mr. Tom Bradford Mr . Stuart 1K . Lerner Mr. Curtis Shenkman Mr. Jerry David Mrs. Lori Killinger Mayor Ron T. Mackail J'im Davis dce EIIis Sawyer Thampaoa, Jr. Dr. Mat! Ro�toal� W�11iam B. Q'Doanell o_._�.. . �._ °___�... _L _ l��,..:�...... P.na..iuo...l,�� Rno��1�^�}wr " .°.EF: 13-94 ' LORAHATCI�EE R7PE& ENVIROHI�lEE:9T�. CONTROL Di.ST'RICT RF,,f�ULAR MEETING - MZNUIES JUNE 16. 1994 1. CALL TO JF�ER ahA PL'cUGE OF aLLEC:tANCE The Regular :ieeting of June 16, 1994 was called co order at 7:04 P.:I. by Chai�an Thoagson and c�:�sa in attendg:�c? reciced.the Pledge of Allegiance. 2. RULL CAL�. Chazr�an Thc�mpsan called t:�e roll and the follow?�g �3oard t•Iembers wera in atteadance. Dr. Rostack tlr. Th��psor. ;tr. Davis � :ir. Elli.s Sta:f �tembers in attondance ��ere :Ir. Deat, Mr. $rienza, and �Ir. �4at'�is. � Consultsnts in attend��ce were �ir. Chibani from �iazen and S3•�yar, P.C., Mr. Shenkman from DeSantis, Gaskill, �nd �s• Di�z from Haas, Disz and Company. 3. �Or�MENTS F�OM 7HE PUBLIC . :ir. Fred Li�n, 9440 .S.E. Point Terrace, asked the Buard ta nvti£� all resi�ents a£fected by the low pressure sewer systEm prop��ed insta�.iat{o�s. Chairman Thonpson stated once the District has comp�.ete informac�on and pernits on this issue, the resi�ents affeetad wi11 be notii:ed. 4. REVIEW A�D APP4.OVr1L OF PREVIOUS �'S�ETING ?�!INTiTTES The mznutes of the �egular :leezing os M.ay I9, 1�94 wera presente3 for Board ap�rovaZ and the folJ.owiag �otion was raade. MO'1'�OV Msde by Mz. Davis, Se�onced by Dr. Roscock, Psssed Uaanimous�y. " THAT THE GOVERN��tG BOARD appr�ve th� minute� of the Regu2ar :feeCiag of May 19, 1994. " ..;.E(;L :•IL'�"�T£5 PdGE S I:� , JL'tiE 16 , 1994 3. STAFF Ai7� �D'!I$Oe�.' S?.i.FOP.T ( c��11.�nuvd ) �. DIRFCTOR' S 1�£POR.� ( continu�d ) `�t?Tih*t Macl� by Mr. E11is, Sacoridec: by Dr. RasCOCk,. Passcd Unan±mvusly• " TfUT THE c;0�'ER�IIyG BOnR,L� wi. L`�drzw the D�at: ic c I I.D.Lr SOSOMU1284 request for parsait;certificari.cn � CS�0-233832 ( Not'th ) tor low prassure sevar 9yste�s ( in the aarthera sact:an and up��n furma�, with�rawal � Caa�rtuan Ihompson will noti:y :i�yor'lackail and requast j thst they revislt Che scud� issua quickly. " �Sr. Dent �t.�ted P31m 9each Count;� 3nd the S. i.��T•jf.D. ha�e been �urchas-�� 1na� :�est oi the eurap�ike to be us�d fox a�ark, and hav� asked c; e�ia-=ict to discuss the p�ssibility of inc�uding 20 acre3 or Distr�ct land in Lha p�rk. Mr. �ent asked the,� Board [o consider chis issue aad noted tae Li�� paici spproxi�stel.y $120,000.00 for t�e la�d in the �id i970's. ;Ir. Dent revieaed his �ecter o£ Juna 3, i9�4 to �ir. Evett, �er�a+_�ing to the sto�water issue, and noted that a meetiag wil]. be schedul�d soon oa this tapic. :ir. Dent report2d to the Board that Zift stati.on �.100 un U.S.1 in 3uno Beach �as converced for rapn�ping but an aJ.cernative susgestion has be�n made. �ir. Dent noted th�t we can remove the pumpi�g capabili.ti.es ac thac station �nd allow Haailtoa by the Sea to use che �acility- In return, they will �uy foX t:�e Distric� two pumps and a control panel for a�ovt $40,G00.0�:- �lr. Dant concl�:ded by statir.g chat this wou3.d give thz develaper a substant =a? savxngs and the Dis[rxct would have improved capacity ac no out of pocket e��anse. 9. �UTURE LUSI�c.SS Mr. Ueat noted the =uture BUSiness Report 3s cont3izled in the �otabu��. 10. Cor��s F�ori Tx� BO�D Af_er soae discusszon, The Governing Board deter�ined that �ir. yoe Ellis wil� represent tha District as a menber of ehe Lime�cone Creek Task Force anci ;ir. Richard DEnt will be the alternate. :- �, ; VILLAGE OF TEQUESTA +` � Post Office Box 3273 •?57 Tequesta Drive ,•S , � Tcqucst�, Flonda 33469-Q273 • (40'n 575-6200 : 7 ° Faz:(d07�575-62�� t f O �j \ •�~ Cov�� June 13, 1994 � Mr. Sawyer Thompson, Jr. Chairman Loxahatchee River Environmental Control District 2500 Jupiter Park Drive � Jupiter, Florida 33458-8964 RE: Request for Tequesta Participation in the Establishment of a Specification for Septic Tank Study Dear Mr. Thompson: This is in response to your letter of May 31, 1994 requesting the Village of Tequesta to participate in the establishment of a specification for a study initiated by ENCON to study the impact of septic tanks.on the Loxahatchee River Basin. On advice of counsel, in light of ENCON's desire to seek a permit for an unacceptable low-pressure sewer system, and ensuing litigation, Tequesta is unable to respond to your request at this time. Upon the conclusion of cur litigation relative to the low-pressure sewer system issue, we will be happy to revisit such a request from ENCON at that time. Meanwhile, we would appreciate receiving additional information in your possession regarding the specifics of your allegation that the Loxahatchee River does not meet state standards. Sincerely, � • � �• � Ron T. Mackail Mayor RTM/krb D . Mr. Sawyer Thompsoa, Jr. June 13, 1994 Page 2 ------------------------ c: Village Council, w/attachments Thomas G. Bradford, Village Manager, w/attachments John C. Randolph, Village Attorney,.w/attachments Scott G. Hawkins, Esq., w/attachments Timothy Goldsbury, w/attachments Robert Milbank, w/attachments Michael Hart, w/attachments Dr. Stanley S. Jacobs, w/attachments A1 DeMott, w�attachments Richard Niebling, w/attachments � � , Abe Lehrmann, w/attachments . � Loxahatchee River District ��'R y `` �-- � "�. �� . � �� ''l 2500 �)upiter P,�i l�ri� ' Jupiter, H'L 33�,5H-�39E,•� ^�. +�; ^ Telephone (407 � 7•� 7-570(1 � � - ;, , ,�. . ; T� ; i x ��1(1 ��; a�-�)��•?�l M��y 31. 1994 ' .. . , � . �, . �; ViLLAGE 0� ,- Tequesta Village Council TEO'JESTA ��- � . ��, �� ,F:.,� Village of Tequesta � �� _. F�rF ��'};�i�HF:('T��i; t�94 � P.O. Box 3273 YILLAGE Tequesta, FL 33469 ` � OFFlGE S w Dear Council Members: 9 5 � The Loxahatchee Fsiver waiers da r�� eet state stdndards and it is probable that this is due to violations which need to be rectified. A prime suspect, as found in our and other areas of similar geograpy, is the existence of septic tanks in the river basin. In consideration of the Village of Tequesta's objections to The River District's plans to instal! low pressure sewage lines, desire for gravity lines, and position that a study should be conducted first, the District took the initial step by authorizing the engagement of an engineering firm to prepare a specification for the study. We feel it should be a Tequesta sponsored study in that it is being initiated to satisfy the objections of your citizens and is called for by the Village's Comprehensive Plan. On behalf of the District's Governing Board, I request that the Village of Tequesta participate in the establishment of a specification for the study and then conducting the study under your direction and abide by its results. Such action, we believe, will enjoy greater credibility with your citizens. 1 look forward to your early reply and working out a cooperative resolution. If it is possible to reply prior to our next regular meeting June 16, 1994 it will be appreciated. � Since y Sawyer Thompson, Jr. Chairman, Loxahatchee River Environmental Control District dim IIa�i� dce Ellia Sawyer Thompaon. Jr. Dr. Matt Rostock Williem B.O'Donndl Board VIemF�er Board Member Chairman Board �'lembor Board Ilfember