HomeMy Public PortalAbout2160From: Bill Robertson <citymanager@mccall.id.us>
Sent: Sunday, August 22, 1999 3:21 PM (GMT)
To: Ted Whiteman <tedol@cyberhighway.net>; Scott Findlay
<fredco@findlayRE.com>; Rick Fereday <aviator@cyberhighway.net>; Mike
Anderson <aderson@cyberhighway.net>; Ray Alford
<Bisonco@cyberhighway.net>; Don Green <donaldgreen@webtv.net>
Subject: FW: J-Ditch Deal Points
Original Message
From: Kim J. Trout [mailto:kjtrout@micron.net]
Sent: Sunday, August 22, 1999 7:39 AM
To: city.manager@mccall.id.us
Subject: J-Ditch Deal Points
PROPOSED RESOLUTION FOR J-DITCH
PHASE II DISPUTE
DEQ AND BOR ELEMENTS
1. DEQ and BOR agree to participate in amending the
current Consent Order, Permits and Agreements to facilitate
timely construction of a lagoon on the Seubert site.
2. DEQ and BOR agree to retract or amend statements within
current documents that may be construed as defaming of
JUB.
3. DEQ and BOR agree that a Force Majeure event has
occurred and agree to extend the deadline for elimination of
discharge into the North Fork of the Payette River until
October 1, 2000. Both agencies preserve and release funding
consistent with the amended deadline.
4. DEQ and BOR agree that compensation in the amount of
PLWSD051005
$(current billing// estimated to be $152,885.36) to JUB for work
performed on the Seubert site prior to termination is grant
eligible and may be released for that purpose.
5. DEQ and BOR agree that some portion of the remaining funding
available may be utilized for soft costs
(engineering/geotechnical/permitting) efforts to complete the
project on the Seubert site.
6. DEQ supports an amendment to the current NPEDS
Permit, and, as necessary, the Consent Order to allow
discharge into the North Fork of the Payette River if weather
precludes distribution from the lagoons of treated affluent in
any given year. This would be known as a "best efforts
clause" consistent with the current Consent Order.
6. DEQ and BOR agree to work with the City in developing
alternative means, such as effluent trading, to accommodate
future growth requirements beyond initial lagoon storage
capacity.
7. DEQ and BOR "stay" the FONSIs which had been issued
on the Bezates site.
JUB ELEMENTS
1. JUB agrees to accept $152,885.36 (approximate amount of
JUB billing) in satisfaction of its claim for work performed
on the Seubert site and release all of its files/electronic files/
etc. to the City.
2. JUB dismisses its pending lawsuits against the City of
McCall and DEQ with prejudice, with each party to bear
their own attorney's fees and costs incurred.
3. JUB releases BOR from its threatened claims.
PLWSD051006
4. JUB agrees to complete the design for a design/bid/build or put
out a design/build proposal for construction of a lagoon on the
Seubert site at the maximum storage capacity that can be
completed with the available funds, substantially in keeping with
their initial budget. JUB obtains permits from IDWR, DEQ and
any other required permitting agencies.
5. JUB "guarantee" that that the "a maximum capacity of "
gallons" can and will be constructed within avialable funding,
including all engineering and permitting fees. If not JUB pays the
difference (including an required change orders, etc. to
"guarantee completion")
5. Design and bidding is completed in time to complete
construction of the lagoon by October 1, 2000.
SEUBERT ELEMENTS
1. Seubert agrees to sell the site to the City on terms similar
to the original agreement, modified as required to
accommodate current economic conditions ( including the
relocation of the Seubert plant onto his remaining property
without the necessity of zoning changes.
BEZATES ELEMENTS
1. Bezates agrees to return "quick take" funds to the Payette
Lakes Water and Sewer District, for application to the
Seubert site, less actual expenses incurred by Mr. Bezates in
defense of the City's condemnation action.
PAYETTE LAKES WATER AND SEWER DISTRICT
ELEMENTS
1. PLWSD agrees to assume the primary supervision and
management role for the construction project.
PLWSD051007
CITY ELEMENTS
1. The City agrees to pay JUB $152,885.36 (approximate
amount of JUB billing) for its work performed prior to
termination of the project.
2. The City agrees to management and supervision of the
project by PLWSD, with oversight of PLWSD to remain
with the City.
3. The City agrees to JUB's completion of the work, as
described above.
4. The City agrees to have the Citizens Committee continue
to be involved in the implementation of this proposal, with a
designated attorney to take primary responsibility for the
negotiation of and drafting of agreements between the
various parties The expense for the work of the designated
attorney will be negotiated and borne by all parties so as to
minimize the burden to rate-payers/tax-payers.
5. The City agrees to explore and consider the adjustment of
future hook-up fees to create a capital fund to facilitate
effluent trading or additional alternative projects to address
growth.
6. The City will "stay" its Application for a Conditional Use
Permit on the Bezates site.
M RESORTS, WEST SIDE COALITION ELEMENTS
1. M Resorts and West Side Coalition will dismiss their
pending appeal of the CUP 99-2, with the respective parties
to each bear their own attorney's fees and costs incurred.
2. M Resorts and West Side Coalition will agree to the
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dismissal of their pending Administrative Appeal of the DEQ
FONSI on the Bezates site.
IMPLEMENTATION
1. A three person advisory committee will remain involved in and
supervise the implementation of this resolution, in conjunction
with Kim Trout. That committee shall consist of
>and
2. Kim Trout will be retained by the City, to work, on behalf of the
committee, to negotiate the details of and draft documents necessary
to implement this resolution in conjunction with the three -person
advisory committee and the various interested parties and agencies.
PLWSD051009