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HomeMy WebLinkAboutDocumentation_Regular_Tab 06a_06/14/2007VILLAGE 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: ^ Yes X No Piggyback Contract Name and #: Or Competitive Bid # APPROVALS: DEPARTMENT HEAD: ~7` --'~, FINANCE DIRECTOR: VILLAGE MANAGER: ~Tl VILLAGE MANAGER RECOMMENDATION: APPROVE ITEM: ^ DENY ITEM: ^ VILLAGE ATTORNEY: APPROVED FOR LEGAL SUFFICIENCY ^ Yes ^ No ^ Not Applicable (n/a) 06!08!2007 11:10 5615756245 06fn71?@07 22:53 Sb1575G241 TEQUESTA WATER T~QU~5TR WATER Pf_ANi SQU'I'tr# ~.OR~,Aa V~VA'>I'~R ~,A~'dAGEMEN~' )~~'S'fR~C'll" ~1P'F~ GA'I'tiON~UYt VAR~ANG']Ew Pursuant to auk 40E,21.275, Florida AchrManiscrative Code PAGE 02!03 PAGE 02 A,dditio>xa! i#l.foN'matioa believed tp be rnateCial mz~+ be attached artid additional sheets r 17e used if tteccxsa~r!y, for ally of the reuses. A Name: v3~1,&~e of '~e[luesta A~ddness: 345 'fequa3t~ Dr. 'Sequesta Fx. 33469 ... Sttret City ~:maia t~ddress: mco+xHza@teq,5esta.ox'g State dip 2~ haver contact photae #: (,~~,_„} S75~G~ Locatio>h of Pi'nperty :For which >rBlief is beit~ xe~quest~d if differestt Pram above: Tequest~ Watex PXaat: 9Q~ ~T. 01,d Dix1e Hwy. Tequeste~ FL 33469 - Suet City State ~iP S$ctian/Tovmshittge {if la~owq): ,_, ,. _ - Spyi111~1? PctmitNurnbcr: so--ooo4~-w Fraj~ect Name; - ~. SifiC rule, order, water shorts~ phase or r+eStrllcti~m flozn which rClicf is rdiu~ted: k~~~: ICI ~treme Water SFiortage F,e,tr~at7.ox~s C. Facts suppart9rtg this re~yuest (be as speei£ic &s possible - include repaxts try ~ualif>ied teehHicei experts}: ~'nau~±sl:s Water Sy9t<em px+esently has tt~e abt,Xity #:b px'aduce 50~ of wat=er t+roductiaa from t'hc R,'.4. 1aut: ve rig t~ F14t'x~an agva.rer. upvm one- -- COm~~,P[7„On aX x~.~n.~ r~xp¢iar~vu ~.aA 4u~.y, w., „a~~ .,.. ,....~._-_.._ __ c-------- ., 759 bf dur water us~.ng R~veY'Se Osmoe3-4, xeizu~.t~t.S in ever- less of a>a impact on 1d. Descdptio~ q~'relieft~uted: the au~':~~Gka1, supply. ~eauet3o%1~ ~zan~ ~'k~se Iii ExtxemE Water 5hart:age Resrrict3.arxg t:a Ph3ae Y M'aderate Wager ~estr3,ct~,S-n l:, period of timr Por wbic3t variance is squght and the roasans and l~~ far such: E7:Qt~43~~?ntiZ ~?~~~ r3ct ad 36et~ an ~n es re u3red b • Drou kit: canc~~,tions. -- _ F. Damage ar harm rovhich may >•esult from com~p~ia><ace +arit3t the water Shortage Rule ~x ~rder: undue ttsrdship on Tequeat:& Water System c+~stomex;, due to oss of awns yege at on. gage l of 1 JUN-08-2D07 1D:21AM FA:5615756245 ID: PAGE:OD2 R=95% 06I08f2007 11:10 ~7E~fF771?_F_1G]T 27_:53 5615756245 56].3756241 ApplioaNon #br Vsatmce Pue~eer~rt fp Rt,la, dgFr~1.275, F.A,.G TEQUESTA WATER TEQ~IE~7A Wr~TER P~FYdT PAGE 03f03 PAGE 03 G. 1<f resGrictia~s c6d1[a0t be tract beoettse afergterat 01' ca4t, describe measnnes r~ssary to meet ail rr:StriCtianc, z+esb'ictic~s w6icb can be tllet, and the date Uf cot~apliarace: H. lfthis r~aest i5 lior a goi#'caurse which is unable to meet tt~e nizrc-bac)~ tainc~ requirements, submit a rn~ap showing the propcsetl aitErnative divisipn of lkhc eaurse in l~alfand an explanation of the prgpo5ed irxi flati0n sc~fnttle. I. l:ur appiiratiotls ~' variarrcc fivm rEStxictions on irrigation, pxovidc a genera! description of the irrigatiom system, ~cludi+a~t pump or war system o~put and itrig$t¢d aKea: 3. Arty c+tl~r irll~prmation tae applicant bei.ieves is materiai: Ai1_ of the '~stc~ ~tex far t•he ~'i11a~e of Tequesta t.s 1Ild xf;c`yC1rd 1f2to ~L'L1~8tibT1 gUalicy WAtPX'. ....,......» ..................~- • ----._..........>N'or Distxict U9e Unly.~....w.wawM.nrvi.r....-........T.uownowwoo.oo.... T~atc ReceivedA ...~ Date Application Complete:. - _ Cotatroi ~o: Cdfnplta[Ice: Xes No ~Or'rn; ~et1t Rtreived ~.ppraved: >`3y: Date: Page 2 of 2 JUN-08-2DD7 10:21AM FAX:5615756245 ID: PAGE:003 R=95~ ~~5i i={l''~0? k~ia: b5 5515 r56~41 TE~IJE~Tr"; i~J~TEP. F'LAhJT P~;GE ~2 ~„ . ~ SOt:JTEii FLrOIi~]A ~+VATER 1V,~ANAGEMENT ~ISTRf.C'T • 39Qi Cun Clab Road. West P~lsn Beach, F1orkia 3"!06 (§41} 68d-BBOU FL YVATS 1-8Qa+4'J2-2093 • 'Ira (~61} 69r!-b"'74 ~` h4ailing AcftlreAS: P. D_ Sax 2{~1. LVest p'alrrt Beach, FL33416~(i80 • www.sfwmd-gc*v March 30, 20U7 Mr. Andrew D. Lukasik, Town Manager Town of Jupiter PQ Box 8900 Jupiter, FL 33A68-8900 L1ear Mr, Lukasik: Subject: Wafter Shortage Qpplicatian far Variance iNa. 3532 Proposed Agency Action We are in receipt of the application from the Tawn of Jupiter for a variance from the Phase I Moderate Water Shortage Restrictions imposed by the Sauth Florida Water Management District (District} in the March 22, 2Q07 Order No. 2007-34-DAO-WS. The variance request asks that the application of Phase 1 restrictions be withheld from the Town of Jupiter utility service area. The District staff is recommending denial of the variance. Final agency action an the request wiH be taken by the Governing Board on April 12, 2007. Enclosed is a Notice of Rights. The District 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 Loxahatchee River Environment2~l Control District with funding assistance totaling nearly $ 3.6 million to assis# 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 signifcant, region-wide drought the Town of Jupiter, through its media interviews and application fvr 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 euen the mast basic water conservation measures far residential lawn irrigation. Limiting residential irrigation to three days a week is basic water conservation that is 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 our colleCtivQ environmental ethic in south Florida. In April, the District Governing Board wiU be considering initiating year-round, District-wide conservation measures for residential landscape irrigation. C~YERNQVC ~(aARD EXEGZI'RYE OFFICE l I13eCaifY. Ckwir Alice ]. Catlwn lennart E. t,indahl, J+.Zr Catoi pfu~ W~Ie. F,.pecrtior [)oRr- Ixeia Id. Bagel, VFne-Urir MCidiad C.vllirts Harkey R. 7"E14t'++IM~ Mlyre But~Stewart Pficd~e J. CutiErzez, Jr., Esq. ARakn{m ~ Wade, lt. F~6iWl{'~~~ 4~~:~5 5515755~~1 TEG?IJEETA I~JATEP, FLANT PAGE F~3 Mr. Andrew D. Lukasilic, March 30, 2QU7 Rage 2 With the worsening regional drought conditions, it is likely that Phase II Severe Water Shortage Restrictions wiil be mandated in the near future. Staff will recommend the Governing Board consider establishing thresholds for providing the Town of Jupiter, and similarly situated communities who are utilizing substantial percentages pf alternative water supply, some measure of relief from anticipated future Phase 11 Severe Water Shortage Restriction5_ In the meantime, we hope that we can count on the Tawn of Jupiter to work with us in providing local enforcement of the mandated water restrictions and managing our water resources through this worsening drought_ Should you have any guestions or wish to discuss this matter, please don't hesit2-te to contact Terrie Bates, Assistant Deputy Executive Director at (561 682-6952. Sincerely, ~~~~ .~ Carol Ann Wehle Executive Director South Florida Water Management District CAW/tb Enclosures: Notice of Rights Staff Report c: David Brown, Town of Jupiter Utilities Department Terrie Bates, SF1NM0 @6/~?i'200? 0E~:6i5 5615?56241 TEQLIESTA WATER PLANT PAGE 04 AppNcation for Variance No. 3532 -Staff Report Jupiter Request: The Town of Jupiter (Town), through its Utilities Dep2rtment, has filed an AppGcatian for Variance fiom 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 supp#ies, its lack of canneCtion to lake Okeechobee, its use of brackish wafer desalination and reclaimed water to reduce freshwater demands and Pack of threat to the local fresh water resource. Staff Sumrrtarv: Nearly all wastewater in the Tawn is reclaimed and used tp supply golf course irrigation and landscape irrigation (AbaCaa). The use of reclaimed water is not subject to the water shortage restrictions. While the Tpwn uses the Fipridan aquifer and reverse osmosis for a pprtion of its potable supplies, it also relies an withdrawals from the surficiai aquifer tp meet its demands- Within the Town's utility service area there are also numerous dorrie5tic self-supplied users and individual consumptive use permittees retying on the surficia# aquifer rather than altemative water supp#ies. 'Che applicant is not the legal agent for these perrnittees. Current drought conditions are such that groundwater levels continue to fail throughput the region. Flows to the LoxahatChe9 RivBr have fallen below the established Minimum Flpw & Level, It is anticipated that water restrictions will be expanded in April to include Martin and St. Lucie County. The Modified Phase I Moderate Water Shortage Restriptions Order limits residential #andscape irrigation to three days a week. Such watering limitations represent fundamental, basic water management conservation practices that shpuld be implemented on a routine basis by all users, and certainly during drough# conditians_ Further, at the Governing poard meeting last month the Board requested staff prepare a wprkshop item in April regarding development of District-wide rules tp establish year-round water conservation measures limiting resfdential landscape irrigation in a fashion similar to the Phase I restrictions, As required by Rule 40Bm21.2~'5(2), the application fpr variance does not demonstrate that the variance wilt not be harmful to the water resources and affirma~iveiy demonstrate that special circumstances exist. Staff Recommendation: Sufficient special circumstances do npt exist, pursuant to 40E-25.275(2)(d), F.A.C. to necessitate the issuance of $ variance. Staff recommends denial of the Town of Jupiter variance request from the phase I Moderate Water Shortage Restrictions. Limiting residential irrigation to three days a week is a basic water Gpnservation practice that will not unduly burden the Town of Jupiter or its residents. In recogni#ian of the Fown's demonstrated Commitment to "srnplementatipn pf alternative water supplies, staff recommends that the Governing Board consider establishing alternative water supply use thresholds for providing Jupiter, and similarly situated utility service areas, some measure of relief from anticipated future Phase I! Severe Water Shortage Restrictions, staff: ~ /i !.~ Cy hia Calvert, Vari CB Cpordinakor eyrie lutes, Asst Deputy ExeCUtive Dir. 061'~7;'~EtL~7 6:05 5615?5641 TEDUESTA 4JATEP, PLANT PAGE ~5 The following provisions may be applicable to SI=WMD actions in combination with the applicable Uniform Rules of Procedure (Subsections 40E-0.108{1){a) and 40E-1.51 1(1){a), Fla. Admin. Code): {1 }(a} "Receipt of written natice of agency decision" as set forth in Rule 2$-10fi.111, Fls. Adman- Code, means reCBipt of either written natice through mail or posting that the District has ar intends to take final agency action, ar publication of notice that the District has ar 'sntends tv take final agency action. {b) If natice is published pursuant to Chapter 40E-1, F.A.C., publication she{I constitute constructive notice to all persons. Until notice i5 published, the paint of entry tv request a format ar informal administrative proceeding shall remain open unless actual notice is received. (2} if the District's Governing Board takes action which substantiapy dialers front the notice of Intended agency decision, the persons who may be substantially affected shall have Bn additional point of entry pursuant to f~ule 28-1 46.111, Fla. Admin. Cade, unless otherwise provided by law. The District Governing Board's action is considered to substantially differ from the notice of intended agency decision when the potential impact an water resources has changed. {3) Notwithstanding the timeline in Rule 2&106.111, Fla. Admin. Code, intended agency decisions ar agency decisions regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands pursuant to Section 373.427, Fla. Stet., shall provide a 14 day point 4f entry to file petitions for administrative hearing. Hearings Involving Disputed Issues of Material Fact The procedure far hearings involving disputed issues of material fact is set Earth in Subsection 120.57{1), FIB. Stet., and Rules 28-106.201-.217, Fla. Admin. Cade. Petitions involving disputed issues of rnateriai fact shelf be filed in accordance with Rule 2$-106. i 04, Fla. Admin. Cade, and rrtust comply with the requirements set forth in Rule 28-106.201, Fla. Admin. Cade. He~srings Not involving disputed issu®s of Material Fact The procedure for hearings not involving disputed issues of material tact is set forth in Subsection 12p,57{2), Fla. Stet, and Rules 28-106.301-.307, Fla. Admin. Code. Petitions net involving disputed issues of material fact shall tae filed in accordance with Rule 28-iQ6.104, Fla. Admin. Dade, and must comply with the requirements set forth in Rula 28-1pf.301, Fia. Admin. Code. Mediation As an alternative remedy under Sections 120.5fi9 and 120.57, Fla. Slat., any person whose substantial interests are or may be affected by the SFWMI~'s action may choose to pursue mediation. The procedures #or pursuing mediation are set forth in Section 120.573, t=1a. Stet., and Rules 28-106.111 and 28-t06.40i-.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 to Sections 12p/+30{3) and 120.68, Fta. Stat_, a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fowth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the natice with the SI=WMD clerk within 30 days of rendering of the final SFWAAD action. R9v. 9112/(}B ~ ~~6,%k~7I'2a~~7 00: k~5 5615755241 TEClUEST~ WATER PLr~hdT PA~.aE lab Nt~TIGE aF R1GHT5 As required by Sections t20.569(1}, and 120.60(3}, Fla. Slat., fallowing is notice of the appaRunities which may be available far administrative hearing andlor judicial review wharf the substantigi interests of a party are determined by an agency. Please note that this Notice of Flights is not intended to provide legal advice. Nat all the legal proceedings detailed below may be an applicable or appropriate remedy. Yau may wish to consult an attorney regarding your legal rights_ Right to Request Acfministratlve Hearing A person whose sutstantial interests are ar may be affected by the South Flprida 1lYater Management District's (SFWMp ar ©istrict) action has the right to request an administrative hearing on that action pursuant to Sections 120.569, 120.57, end 120.S1?(3), Fia. Stet. Persons seeking a hearing on a District decision which does ar may determine their substantial interests shall #ile a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision in accordance with Rule 28-1 gf.111, Fla. Admin. Code. Any person who receives written notice of a District decision and fails to file a written request far hearing within 21 days waives the right to request a hearing on that decision as provided by Subsection 28-106.1 ~ 1(4}, 1=1a. Admin_ Code. The Petition must be filed at the Office of the District Gleric of the SFWMD, 3301 Gun Club Road, P_Q_ Sox 246$0, West Palm Beach, Florida. 341 &, and must comply with the requirements of Rule 28-lpfi_1Q4, Fla. Admin. Code. Filings with the District Clerk may be made by mail, hand-delivery or facsimile. trilings by e-mail will not be accepted. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMI~ headquarters in West Palm Beach, FloricSa_ Pursuant to Rule 26~ 106.104, FIS. Admin, Code, any document received by the office of the District Clerk after 5.00 p. m. shall be filed as of 8:010 a.m. on the next regular business day. • Filings made by mail must include the original and one copy and must be addressed to the Office of the District Clerk, P.O. Box 24680, West Paim Beach, Florida 38416. Filings by hand-delivery must also include the original and one copy of the petition. Delivery of a petition ir5 the District's security desk does not constitute filing. To ensure proper tiling, It will 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 rraturn the exrra copy reflecting the date and time of filing_ Filings by facsimile must be transmitted to the District Cleric's Office at (561) B$2-8010. Pursuant to Sutysectians 2$-106.104(7), (8} and (9}, Fla. Admin. Gode, a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal ar subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible #or 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 Clark receives the complete document. Rev. 5/12Jt?S