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HomeMy Public PortalAboutContract-PLRWSD MOU 7-11-801 MEMORANDUM OF AGREEMENT 2 The Payette Lakes region possesses unique scenic and 3i;environmental qualities that require sensitive planning and develop- r 4 ment by the city of McCall and Valley County. 5 To protect the water quality of Payette Lake, the Payette 6 Lakes Water and Sewer District has applied for EPA grant monies to 7 construct a major sewage trunk line and treatment system to service 8 the City of McCall and the Payette Lakes Water and Sewer District. 9 The proposed construction has focused community concern about con- 10 struction safety, the degree of lake front development, and equi- 11 table representation by the residents in the Impact Area on the 12 1•'IcCall Planning and Zoning Commission to assure sensitive develop- 13 went of the shared land and water resources within the impact area. 14 The following issues have been identified and discussed 15 in the environmental mediation. process. Parties to the mediation 16 ara the City of McCall, Valley County, the Payette Lakes Water 17 and Sewer District, and the Payette Lakes Homeowners Association. 18 We recognize that the following issues should be re- 19 solved through mediation, if possible: 20 1. What Policies will the Payette Lakes Water and Sewer 21 District adopt pertaining to the allocation of sewer hook-ups to 22 be available? 23 These policies should be based on the assumption that there 24 will be approximately 230 hook-ups in addition to hook-ups to 990 25 units which were projected to be in existence in 197S. 26 The mediation panel recommends to the Sewer District's 27 Board of Directors that it adopt a policy of allocating and allow- 28 ing hook-ups in conformity with the District's design density map. 29 The mediation panel further recommends to the Sewer 30 District that it agree to monitor flow rates and organic loading 31 of the system with reference to the planned estimate of 230 units 32 to insure that the c T)acity of the treatment plant will not be iie:noi anduin of Areement -1- 1 exceeded. The panel urges the Board to adopt a policy that it will 2 ennact a moratorium on issuance of permits after the 230 additional 3.units have been hooked up, if there is then insufficient flow data 4 available to allow the 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 District to determine with reasonable cer- tainty whether the capacity of the system may have been reached. The panel recommends also that the Payette Lakes Water and Sewer District recognize that the number of connections are finite and a policy of hook-ups that is fair and equitable to all the parties must be deve'.oped. 2. What governmental entity will administer the McCall Impact Area, and how shall the Planning and Zoning Commission be constituted? The panel recommends to the Valley County Commissioners and the McCall City Council that: a. Valley County and the City of McCall establish a joint planning and zoning commission for the area of impact. b. That such Commission shall consist of ten (10) per- sons. That six (6) of those persons shall be from the City of McCall, four (4) of those persons shall be residents of the impact area, and that one (1) of those impact area appointments will be made from a list of persons recommend by the County Commissioners. All members of the Commission will be appointed by the Mayor of the City of McCall, with the advise and consent of the McCall City Council. c. That the City of McCall and Valley County will enter into a six (6) year joint public agency agreement authorizing the City of McCall to administer the impact area. d. That Valley County and the City of McCall will amend relevant ordinances to provide for the following procedures: The City of McCall shall be the governing body which shall' act upon recommendation of the joint Planning and Zoning Commission. 'Appeals from the decisions of the City Council shall be made to a Memorandum of Agreement -2- !I 1 three (3) person appellate board to be created by adoption of the 2 necessary ordinances by Valley County and the City of McCall. 3 The panel recommends that the appellate board shall con- 4 . sist of three (3) members from the impact area. Two (2) of those 5 'members shall be selected and appointed by the Mayor of the City 6.lof McCall and one (1) of the members shall be selected and appointed) jby the Valley County Commissioners. 8 111 e. The panel also recomme_�s that the City of McCall and 9 IValley County shall amend the impact area zoning ordinances to 10 11 12 'incorporate the Sewer District's design density map as a super- seding determinant of the number of units per acre which will be allowed within the Sewer District-. 13 The panel recommends that the Payette Lakes Homeowners 14 Association conditionally agree to enter into a stipulation with 15 the Environmental Protection Agency providing, among other things, 25i that its lawsuit against the EPA will be automatically dismissed 17 when EPA has completed its review of certain additional studies 18 Ito be made of the proposed collert:or system for the Payette Lakes I 19 i,Water and Sewer District. 20 iIt The undersigned do hereby agree to the foregoing dcclara- 21 tion of intent, and the parties hereto agree to exercise their best 22 efforts to carry the same into full force and effect at the earliest 23 24 25 possible time. DATED this 26 vans 27 1ayor of tl(e City of McCall 28 29 30 W /(� _ )� } y ' .-'l �i illiarn E: Mil urn 31 Chairman of the Payette Lakes Water and Sewer District 32 Memorandum of Agreement -3- day of July, 1 30. r° .(4,) 12 1 i Francis Gestrin Chairman of the Valley County Board of Commissioners cf-�t,�.�.�.L Wil iam Te nity President of the Payette Lakes Homeowners Association