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HomeMy WebLinkAboutDocumentation_Regular_Tab 05_07/12/2007VILLAGE OF TEQUESTA MEETING AGENDA ROUTING SHEET • MEETING DATE: 6/14/07 REQUESTED ACTION/SUMMARY: Prepared waiver application pursuant to request during the 6/5/07 Council Workshop. RESOLUTION OR ORDINANCE NUMBER: ORIGINATING DEPARTMENT: Village Manager FUNDING SOURCE: 2006/2007 Budget ACCOUNT NUMBER: N/A CURRENT BUDGETED AMOUNT AVAILABLE: N/A AMOUNT OF THIS ITEM: $ Determined by Council approval AMOUNT REMAINING AFTER THIS ITEM: $ BUDGET TRANSFER REQUIRED: ^ Yes X No APPROPRIATE FUND BALANCE: CI Yes X No Piggyback Contract Name and #: Or Competitive Bid # APPROVALS: DEPARTMENT HEAD: ~---~-~'~~ ~ `-~-"`~~-_,.,~~ `- FINANCE DIRECTOR: VILLAGE MANAGER RECOMMENDATION: APPROVE ITEM: ^ DENY ITEM: ^ VILLAGE MANAGER: ~~" ~~"~°~'' VILLAGE ATTORNEY: APPROVED FOR LEGAL SUFFICIENCY C:7 Yes ^ No Not Applicable (n/a) • 05!08/2007 11:10 5615756245 ~J6/~+7~20E' 22:53 Sb1575G241 PAGE 02103 PAGE D2 • SOLT'T~ ~']C.4R~D,A'~VA,'x'1~R ~,A,1'VA.GFME~F'i<' 11~xSTR1EC')r' AP'P~.,~A'l')ION FQXt VARIANCI~ Pursuant do Rule 4013-21.275, Florida AcirrRir-iscrative Code Additional ittfoxtlnation bsGcvcd to be mat¢xial mz~y be attached and additional sheets y be used if taecessary, for ally of the rinses. A. Name: village of 't'ecluesta Address: 345 Tequd3ta 1]r. 'Sequests k'z. 33G69 Street City Stale ~iF 1mAi1 Ad~drCSS: mcoutizo@teq~est:a.org 2~ haur contact photae #: (,~„~Jw 575~5~C~Il l,ocatioe of Property for which relief is beitfg xeques~ted if different firam above: -~. Tequesta Waxy pXant ?0~ ~i. Old Dixie Rwy. ~~!queste FL X3469 Street City Stag dip S~actianlTow~rshiga/R~ttsge (if lrnawgp S1; WI1~I~ F'crmrrt Nt~rnher: S D--004 b--Cd Project Namo: ~. Sprcifiv rule, order, water shortagge ph~sc or restriction from which relief is r~uested: __ p'~aeF III ESctret~ W$tex SF~oxtage Rescrict~.or~s C. Facts suppcartir~g this request (be as speei£ic as possible -include reports by qualified tethtticei experts): Taqu~?sta taster S~9tem pre&ently has Che gb~.Xi,t;y to picoduce Sal o~ waxer ~+raductiaa from t'k~c ~L.~O. ~~ant~ uo~r~g~'~~ an qu er. poz~ rya TE~UESTA WATER T~QU55TR WATER PC.flN I a r ~ L_J ..u.~y~ 75% of our water us~.ng R2ver'8e osmosis, rc~u~.t~.zt$ in even less of azt ~.mpact on l`1. 17escdptlgn+pfrelief>requ~ted: the auxfiCi.a1, supply. lteductiotl x~rom :tak~sr? IxI ExtrPmE Water 5t+arCage Resrrict~.ona tea Ph3ae I Moderate 5~-ater Restrict~,r~n E. >'eriod Qf time far wblc3t variance is Squgtat and the rneiisoas and iba~a for such: ,_,.. Fpm noa ~rt~j„1~,,,~_ r3at d i6ea p~~azly ciyans~es required by Drought: conditions. F. Damage or kwrm which may result from evrxapiiance ~xritlt the Water Shortatte Rule oar ~rdex: Undue 3tsrdship on Tequeat;p Water Spstem c+astomexy due to `loss of anma vege at en. Page 1 of 1 JUN-08-207 10:21AM FAX: 5615756245 ICS: PAGE:002 R=95%~ Nb/N~i,'LNNf 11: 1N '~bl`_~f5b~45 ItL.iIJt~~~!A ~JAIEN PAGE ~3J03 tiJ6(F17J2~1~J' 27_:53 567.'3736241 TEOJE=~7A WATER PL,A{yT PauE ©3 • ApCI{oatlon for Vari~tce Purlt~shtt kr Ruts, 4pfir~ i .?_75. F.A.C. G. Rf restrictions carl[I4t be met beaavsc oiFextetat Or cost, describe tneastu~s necessary to meet all re'StriCtinnc, reStYictiOnts which can be Met, and the date of coinfpliattce: H. Nf this re~aest is for a gol~'cqurse which is unable to tr-eet the Croat n;lrte-back mina requirenmenris, submit a map showing the prq~pos4d alxernative divi9ion ofthe course in half and ate exp]artatFort of the I+ro1'iogvd irrigation schettie. I• ~'w applications far variance from nectrictivrxs on irrigation, providQ a general description of the irrigatiom systam, includitt~t pn>Ixtp or water sy~rn output sand irrigated area .T. Arty other irtfcmmation tole applicant believes is rneterial: • A11_ of the w~~Btc~ water far the village of Tequ2sta is pxoce and xrgyclyd into irrigat3nri quality w~-rP1C. M ................................. . ..--•-.,........~'or Disttrict Use UniyN....w.w..nM.n.n._._..,.........M....woo.. ,.. u.......... Date Received: Date Application Corrrplete: Compliance: Xeg 2+30 ,Fonrn Sent Appr~nved: t3y: Date: Page 2 of 2 • Control Na: R,tceived JUN-88-2007 1D:21AM FAX: 5615756245 ID: PAGE:D03 R=95'~ r~ra~ ~ a Ft F, i 4_t ;' ; '~' F1 Ft l_14_1; 4_15 5~~i5,5~,~ai TEL!UE'=,T~ ~rJ~TEF' F'L~hJT F':GE 4=rte ~„ , , SQUTH FLOY2.IUA 'WATER ~:NAGEMENT ISTRICT • '; 3301 Cun Clnb Read, Walt Palm Beach, Florida 33106 (541) 686.8800 FL Yb'~T51-800-A32-2045 TDD f~151) 697-b"7~ ~` Mailing Adetnxx' P O. $ox 2ibAQ, YYeat Palm Bteeh, FL 3.341f>•#G80 www.sfwmQ.gov March 30, 2007 Mr. Andrew D. Lukasik, Town Manager Town of Jupiter PQ Box 8900 Jupiter, FL 33A68-8900 Dear Mr. Lukasik: Subject: Water Shortage Application for Variance No. 3532 Proposed Agency Actio» We are in receipt of the application from the Town of Jupiter for a variance from the Phase I Moderate Water Shortage Restrictions imposed by the South Florida Water Management District (District) in the March 22, 2007 Order No. 2007-34-DAO-WS. The variance request asks that the application of Phase l restrictions be withheld from the Town of Jupiter utility service area. The District staff is recommending denial of the variance. Flnal agency action an the request will be taken by the Governing Board on April 12, 2007. Enclosed is a Notice of Rights. The Distract recognizes and commends the Town of Jupiter on its progressive implementation of alternative water supplies. In fact, the District has provided the Town of Jupiter and Laxahatchee River Environmental Control District with funding assistance totaling Hearty $ 3.6 million to assist in the development of such alternatives. However, in the current drought condition, the District cannot endorse a policy of unlimited or unrestricted use of the resource. Further, we are very concerned that in this time of a significant, region-wide drought the Town of Jupiter, through its media interviews and application for this variance, is sending the message to its residents that it does not intend to comply with the moderate limitations on watering and that there is no need for the community to implement even the most basic water conservation measures far residential lawn irrigation. Limiting residential irrigation to three days a week is bask water conservation that 'ss practiced throughout many areas of the District and state on a year round basis. The Town of Jupiter and its residents should join us in giving respect to these basic conservation measures. Further, regardless of the source of water, water conservation needs to be an inherent component of Dur c~,llective environmental ethic in south Florida. In April, the District Governing Board will be considering initiating year-round, District-wide conservation measures far residential landscape irrigation. CAVERNfA1G $QAl[D EXECLiTIYE OFFICE KRVbr McCarty. CAnir AliaC J. GYlsorti L~ruuut ~~ Lindahl, P.Tr Card A+ut wel,le. E~e;or nnas Ireli M. 8agrrl, Vioe-Ur(r Mtd~ad C.vllins Hlarktty R. Ttl4rnt<+n Mtya B~wl~Stewart Nimir9m J. Guti@rrez, Jr., Es9. Maimlm 'Wads,;t. 4=1 f-~ ;+' F1 ;+'~' 4_14l 4_14_1: 4_1 ~51~'SF~'~41 TEG!UE'=;TA IrJ~TEF' FL~'PdT F-'r;4~ Mr. Andrew D. Lukasik, March 30, 2007 Page 2 • V1r~ the worsening regional draught conditions, it is likeky that Phase !i Severe Water Shortage Restrictions will be mandated in the near future. Staff will recommend the Governing Board consider establishing thresholds far providing the Town of Jupiter, and similarly situated communities whc~ are utilizing substantial percentages of alternative water supply, same measure of relief from anticipated future Phase I! Severe Water Shortage Restrictions. In the meantime, we hope that we can count on the Town of Jupiter to work with us in providing local enforcement of the mandated water restrictions and managing our water resources through this worsening draught_ Should you have any questions or wish to discuss this matter, please don't hesitate to contact Terrie Bates, Assistant Deputy Executive Director at {561) 682-6952. Sincerely, J~~ CrC..« l~-~l.l~ Carol Ann Wehie Executive Director South Florida Water Management District CAW/tb • Enclosures: Notice of Iftights Staff Report c: David Brown, Town of Jupiter Utilities Department Terrie Bates, SFWMD • ~1FiL';'~Ll~; ~R;415 5F15~'5E~41 TEG!I_IEST~ 4JHTEF' F'L~ilT Application for Variance No. 3532 -Staff Report F'~;GE F14 Jupiter Retluest: The Town of Jupiter (Town), through its Utilities Department, has feted an Application for Variance from the Phase i Water Use Restrictions for its service area. Specifically, the Town requested that no water restrictions be applied in Jupiter. The basis of the Town's request is its investment in altemative water supplies, its lack of canneciion to Lake Okeechobee, its use of brackish water desalination and reclaimed water to reduce freshwater demands and lack of threat to the local fresh water resource. Staff Summary: 1Jearly all wastewater in the Town is reclaimed and used to supply golf course irrigation and landscape irrigation {Abacoa). The use of reclaimed water is not subject to the water shortage restrictions. While fire Town uses the Floridan aquifer and reverse osmosis for a portion of its potable supplies, it also relies on withdrawals from the surficial aquifer to meet its dernands_ Within the Town's utility service area there are also numerous domestic self-supplied users and individual consumptive use permittees relying on the surficial aquifer rather than alternative water supplies. The applicant is not the legal agent for these permittees. Current drought conditions are such that groundwater levels continue to fail throughout the region. Flows to the Loxahatchee River have fallen below the established Minimum Ftow & Level. It is anticipated that water restrictions will be expanded in April to include Martin and St. Lucie County.. The Modified Phase f Moderate Water Shortage Restrictions Order limits residential landscape irrigation to thre days a week, Such watering limitations represent fundamental, basic water management conservation practices that should be implemented an a routine basis by 8fl users, and certainly during drought conditions. r ~ ~J Further, at the Governing t~aard meeting last month the Board requested staff prepare a workshop item in April regarding development of District-wide rules to establish year-round water conservation measures Limiting residential landscape irrigation in a fashion similar to the Phase 1 restrictions. As required by Rule 4QF-21.275(2), the application for variance does not demonstrate that the variance will not be harmful to the water resources and affirmatively demonstrate that special circumstances exist. Staff RecommendatiQn• Sufficient special circumstances do not exist, pursuant to 40E-21.275(2)(d), F.A.C. to necessitate the issuance of a variance. Staff recommends denial of tha Town of Jupiter variance request from the Phase 1 Moderate Water Shortage Restrictions. Limiting residential irrigation to three days a week is a basic water Conservation practice that will not unduly burden the Town of Jupiter or its residents. In recognition of the Town's demonstrated commitment to implementation of alternativ8 water supplies, staff recommends that the Governing Board consider establishing alternative water supply use thresholds far providing Jupiter, and sim;Early situated utility service areas, some measure of relief from anticipated future Phase II Severe Water Shortage Restrictions, Staff' - /I 1~ Cy hia GefVert, Vari Ce Coordinator erne Hates, Asst. Deputy Executive Dir. F-~S;'F~~; ?F=~F=~l F~F-~: E~5 FF~15F6'~41 TEnI_IE'=T~ ~;~.1~TEF' F'LF';iJT F'A • The following provisions may be applicable to SFWMD actions in combination with the appliCatale Uniform Rules of Procedure (Subsections 40E-0.109(1)(a) and 40E-1.51 1(1)(a), Fla. Admin. Code): (1)(a) "t~eceipt of written notice of agency decision° as set forth in Rule 28°106.111, Fla. Admin- Code, means receipt of either written notice through mail or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. (b) If notice is published pursuant to Chapter 40E-1, F.A.G., publication shad constitute constructive notice to ail persons. Until notic~a is published, the point of entry to request a formal or informal administrative proceeding shall remain open unless atlas! notice is received. (2) if the District's Governing Soard takes action which substantially differs from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28-106.111, Fla. Admin. Code, unless otherwise provided by law. The District Governing Board's action is considered to substantially differ from the notice of intended agency decision when the potential impact an water resources has changed. {3) Notwithstanding the timeline in Ruie 28-106.1 1 1, Fla. Admin. Code, intended agency decisions ar agency decisions regarding consolidated applications for Environments} Resource Permits and Use of Sovereign Submerged Lands pursuant to Section 373.427, Fla. Slat., shall provide a 14 day point of entry to file petitions ft~r administrative hearing. Hearings Involving Disputed Issues of Material Fact The procedure far hearings involving disputed issues of material fact is set forth in Subsection 120.57(1), Fia. Slat., and Rules 2$-106201-.217, Fla. Admin. Code. Petitions involving d'+sputed • issues of material fact shall be flied in accordance with Ruie 2$-106.104, Fla. Admin. Gode, and must comply with the requirements set forth in Ruie 28-106.201, Fla. Admin. Code_ Hearings Not Involving fisputed issues of Materiat Fact The procedure for hearings not involving disputed issues of material fact is set forth in Subsection 120.57(2), Fla. Slat, and Rules 28-106-301-.307, Fla. Admin. Gode. Petitions not involving disputed issues of material fact shall be filed in accordance with Rule 28-106.104, Fla. Admin. Code, and must comply with the requirements set forth in Rule 28-106.301, Fla. Admin. Gode. Mediation As an alternative remedy under Sections 120.569 and 120.57, Fia. Slat., any person whose substantial interests are or may be affected by the SFWMD's action may choose to pursue mediation. The procedures for pursuing mediation are set #orth in Section 120.573, Fla. Slat., and Rules 2$-106.111 and 2f3-108.401-.405, Fla. Admin. Code. Choosing mediation will not adversely affect the rights to a hearing if mediation does not result in a settlement. DISTRICT COURT OF APPEAL Pursuant tp Sections 120160{3) and 120.68, Fla. Slat-, a party who is adversely affected lay final SFWMD action may seek judicial review of the SFWMD's final decision by #iling a notice of appeal pursuant to >=lorida Rule of Appellate Procedure 9-110 in the Fourth Qistrict Court of Appea! or in the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. Rav. 9/12/06 2 G15 • 41 F. ;+ Y1 ;' j '~ 4_14_1 ;' 4_14_1 : 4_1 ~~ • NOTICE OF R1GHT5 As required by Sections 120.569(1}, and 120.60(3), Fla. Stet., following is notice of the opportunities which may be available far administrative hearing andlor judicial review when the substantial interests of a party are determined by an agency. Please note ttlat this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable ar appropriate remedy. You may wish to consult an attorney regarding your legal rights. Right to Request Administrative Hearing A person whose substantial interests are yr may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569, 120.57, and 120.60(3), Fla. Stet. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall #11e a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision in accordance with Rule 28-106.111, Fla. Admin. Code. Any person who receives written native of a District decision and fails to file a written request for hearing within 21 days waives the right io request a hearing on that decision as provided by Subsection 28-106.11 1(4}, 1=1a. Admin. Code. The Petition must be filed at the Office of the District Gierk of the SFWMD, 3301 Gun Club Road, P_p_ Box 24680, West Palm Beach, Florida. 33416, 2nd must Comply with the requirements of Rule 28-10fi_104, Fla. Admin. code. Filings with the District Clerk may be made by mail, hand-delivery or facsimile. Filings by e-mail will not tae accepted. A petition for administrative hearing is deemed flied upon receipt during normal business hours by the District Clerk at SFWMQ headquarters in Wrist Palm Beach, Florida. Pursuant to Rule 28- 10fi.104, 1=1a. Admin. Code, any document received by the office of the >~istric;t Clerk after 5:00 p.m_ shall be filed as of 8:00 a.m, on the next regular business day. Filings made by mail must include the original and one copy and must ba addressed to the Office of the District Clerk, P.O. Box 24fi$0, West Palm Beach, Florida 33416. • Filings by hand-delivery must also include the original and one copy of the petition. Delivery of a petition to the Disirfct's security desk does not constitute filing. 70 ensure proper tiling, it wllf be necessary to request the District's security officer to contact the Clerk's office. An employee of the District's Clerk's office will file the petition and return the extra copy reflecting the date and time of filing. Filings by facsimile must be transmitted to the District Clerfc's Office at (561) fi82-fi010. Pursuant to Subsections 2$-746.104(7), (8} and (9), Fla. Admin. Code, a party who files a document by facsimsie represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed with the Clerk as a result. The filing date for a document filed by facsimile shall be the date the district Clerk receives the complete document. Rev. 9/121Q6 41 f, r ~ ~J