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Home My WebLink AboutDocumentation_Special Meeting_Tab 05_06/23/1994 r / �/ . �/' � VILLAGE OF TEQUESTA �i . WATER DEPARTMENT , - Po�t Officc B��c 347.3 •�� Tcqt�csta Pri�•c 0 � : �� Tcqucsta. Fl�,n�a 3?�11,��_��3 • �-1(1�� '�-t,_'.:.1 " Fax: (4�?) 57�-6�3� r�rRox�xnurR TO: Thomas G. Bradford, Village Manager , FROM: Thomas C. Hall, Water System Manager � DATE: June 8, 1994 SUHJECT: Palm Beach County Wellfield Protection Ordinance; Utility Fee Ordinance � In light of the grumbling and discontent throughout Palm Beach County regarding the County's proposed ordinance adopting a new fee schedule, I attended the Commission Board meeting last evening to hear them discuss this sub�ect. The main consensus of opposition emanating from legal advisors of various entities, is the proposed Ordinance violates the County Charter, imposes user fees on municipal customers and creates a disproportional impact on the North County Utilities. Paim Beach County maintains a position which places a burden on all . water purveyors to locate new and existing wells away from industrial areas. They also feel now that those residents residing out of well zones derive no benefit from the Wellfield Ordinance even though it was � adopted by a countywide referendum and funded primarily through ad valorem taxes and permit fees. I have discussed this matter with Skip Randolph and he feels as I do, we should draft a resolution in opposition to this proposed Ordinance and forward same to the County. Once again, it appears the empire building regime of DERM is trying to flex its muscles. By doing so, it is further alienating those of us who must deal with another layer of bureaucracy relative to wells and wellfield issues. It has been expressed by many that wellfield protection should be turned over to D.E.P. since they along with the Health Department and South Florida Water Management District, also review these same issues prior to issuance of permits. Perhaps municipalities could take over these duties within their own boundaries, thereby, eliminating the need of this agency altogether. Memorandum Thomas G. Bradford June 8, 1994 Page 2 - --------------------------------- Mr. Randolph has expressed concern on this issue and is willing to draft a resolution for Council's approval. I recommend he do so and place this item on the next scheduled Village council agenda. Should you have any questions or wish to discuss further, please advise. _ TCH/mk c: John C. Randolph, Esq., Village Attorney REBOLIITIO�T �O. !1 REBOLIITZON OF THB VILIJIQE �COVlTCIL OF TH8 VILLAGB OF TEQIIE3TA, FLORZDA, OPPOSINt� AND OBJECTING TO TH$ BOARD OF COQNTY COMMISBIONERS' PROPOSED AbiENDMENT TO T88 IIDTIFIED LAND DEVSI.OPMENT CODS� IIHICB PROVIDES FOR A PROPOSED PDBLIC IITILZTI$8 FES A8 A 80IIRCE OB FIINDINa FOR TH8 COII�1'1'Y' 8 DBPARTMB�IT OF ENVIRONMENTAL RE80IIRCE8 MANAaEME�T'1' � 11ELLFIELD PROTECTION WOR1C; PROVIDIN(i FOR AN BFFECTIVE DAT$; AND FOR OTHER PIIRPOSES WFiEREAS, a proposal is being considered to implement a public utilities fee to be used as a source of fundinq for the County's Department of Environmental Resource Management (DERM) Wellfield Protection work; and WIiEREAS, under said proposal the Village of Tequesta would be assessed the amount of $2,373.00 for the fiscal year; and WHEREAS, the adoption of this ordinance establishes direct taxing authority over municipal utilities by the County for the purpose of supporting a County program and is beyond the authority set forth in Sections 1.3 and 3.3 of the Palm Beach County Charter. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCZL OF TFiE VILLAGE OF TEQUESTA, FLORIDA, that: Section 1. The Village Council of the Village of Tequesta, Florida, opposes and objects to an amendment to the Palm Beach County Unified Land Development Code, which provides for a proposed public utilities fee as a source of funding for the County's Department of Environmental Resources Management Wellfield Protection work. Section 2. The Village Council of the Village of Tequesta, Florida, is adamantly opposed to this utility fee and further believes that DERM is expanding its regulatory progrzm beyond the intent of the Wellfield Protection Ordinance by proposing said fee and that the Board of County Commissioners is exceeding the authority as set forth in Sections 1.3 and 3.3 of the Palm Beach County Charter in attempting to assess such a fee upon municipal � utilities. Section 3. This Resolution will become effective immediately upon passage and the Village Clerk is hereby directed to forward a copy of the same to the Department of Environmental Resources Management, the Board of County Commissioners, the Palm Beach County Municipal League and all other appropriate aqencies. THE FOREGOING RESOLUTION was offered by Councilmember, who moved its adoption. The motion was . . . seconded by Councilmember and upon beinq put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and � adopted this day of � , 1994. MAYOR OF TEQUESTA . Ron T. Macka 1 ATTEST: V�illage Clerk � JCR\13153-03\UTILITYF.RES 2 JONES, FOSTER, JOHNSTON & STUBBS, P. A. ATTORNEYB ANO COl1NSELORB fLACiLER CENTER TOYVER 606 80UTH FLACiLER ORIYE ELEVENTH FLOOR P. O. BOX 3t75 � .� � NEnar � utrtwrHu �ARC+ B AIEx�DF A JOMH BIMA YCC�7ACKEN � �p7 �� S�EV..EN � +�..cw� 9COTT L Mt.MUIIEN WEST PALM BEACH, FLORIDA �3402-3�7 . rrucer e+wc.c*�� JOr+N C A�lIOOLVN (�071 66�J000 �� «�aar tiueow �wsTa+ JOtCE A. CONWAy JO��N G AAU 1MS�W YAiiG11AET L�ER iwo�w r+oes FAX: (40�872-14b4 �L�C7 ^ EOMIANO WAZ STEYEN J NOTMYAM � v� A. LfiJCE JONES NEBECCA 6. OOANE PETER A SACM9 � � SrA t/W-tM! CMp�BTOVMENSOU�tE O CUIYEAlMi7NID .r► PAUIC�MIOIfE 9CpTT O. MAWKINB WONEY A STUeBB. JR �� r RJ tp7•tN� T�7pN Y MEMRY ALLEN R TqALlM80N +/ iY 1 � t�94 VE'fEi1! Y/OLT011 Jd�M 9 TNMPEN 1�TME0 YMNC !. KIEtNiELD YIG/AEL V WALBM WRITER�S OIRECT LINE: L WILLIAY A lOiTEN WCMAEI T. IWANI F ADAMS WEAYEP �•`LL� J� � O� OONMEL •I'h1,�.T=Gl� LMARTINiUMAOAN •�'� �l�� 'r � t ,., � �� v; �'' �u . ,' ,- .. _ . ., � ;� ' : _ + . June 14, 1994 Mr. Thomas G. Bradford Village Manager Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 RE: Village of Tequesta Water Department Palm Beach County Wellfield Protection Utility Fee Ordinance Our File No. 13153.3 Dear Tom: Pursuant to the direction of Tom Hall's letter of June 8, 1994, I have prepared a Resolution in opposition to Palm Beach County's Wellfield Protection IItility Fee Ordinance. I submit this Resolution for your review and consideration. Sincerely, JONES, OSTER, JOHNSTON & STUBBS, P.A. n . Randolph JCR/ssm Enclosure cc: Thomas C. Hall, Water System Manager