HomeMy Public PortalAboutMOU 7.11.19805
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1 HEMORANDU~1 OF AGREEHENT
2
The Payette Lakes region possesses unique scenic and
3 environmental qualities that require sensitive planning and develop-:
4 ment by the city of McCall and Valley County.
To protect the water quality of Payette Lake. the Payette
6 Lakes Hater and Sewer District has applied for EPA3Tant r.lonies 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
struction safety. the degree of lake front develoPQent. and equi
11 table representation by the residents in the Impact Area on the
12 HcCall Plannin~ and Zoning Commission to assure sensitive develop
13 ment of the shared land and water resources within the impact area.
14 The follm'ling issues have been identified and discussed
in the environmental mediation process. Parties to the mediation
16 arz the City of HcCall, Valley County, the Payette Lakes I;Jater
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:
1. What Dolicies will the Payette Lakes Water and Sewer
21 District adopt pertaining to the allocation of sewer hook-ups to
22 be available?
23 These oolicies should be based on the assumotion that there
4 •
24 will be approximately 230 hook-ups in addition to hook-ups to 990
units \'1hich \.Jere projected to be in existence in 1978.
26 The mediation panel recOIi1IPends to the Smyer District 1 s
27 Board of Directors that it adopt a policy of allocating and allow
28 ing hook-ups in confonnity with the District's design density map.
29 The medi at ion pane 1 further recorn.'11ends to the Sewer
District that it agree to monitor flow rates and or~anic loading
31 of the system with reference to the ?lanned estimate of 230 uniLS
32 to insure that the c2~ncity of the treatment plant will not be
1':e:11oi.'andwn of
Agreemen t -1
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exceeded. The panel urges the Board to adopt a policy that it will
ennact a moratorium on issuance of permits after the 230 additional
units have been hooked up, if there is then insufficient flow data
available to allow the District to determine with reasonable cer
tainty whether the capacity of the system may have been reached.
The panel recormnends also that the Payette Lakes Water and Se'Vler
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. Hhat governmental entity will administer the HcCall
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 l1cCall 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
HcCall, 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 HcCall, with the advise and consent of the McCall City
Counci 1.
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 l-econune'!1dation of the joint Planning and Zoning Commission.
Appeals from the decisions of the City Council shall be made to a
t·lemorandum 0 f
Agreement -2
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vans
e City of McCall
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three (3) person appellate board to be created by adoption of the
necessary ordinances by Valley County and the City of McCall.
The panel recommends that the appellate board shall con
sist of three (3) members from the impact area. Two (2) of those
members shall be selected and appointed by the Hayor of the City
of l1cCa11 and one (1) of the members shall be selected and appointe
by the Valley County Commissioners.
e. The panel also recommenus that the City of HcCa11 and
Valley County shall amend the impact area zoning ordinances to
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~
The panel recommends that the Payette Lakes Homeowners
Association conditionally agree to enter into a stipulation with
the Environmental Protection Agency providing, among other things,
that its lawsuit against the EPA will be automatically dismissed
when EPA has completed its review of certain additional studies
to be made of the proposed co11e~tor system for the Payette Lakes
\>later and Sewer District.
The undersigned do hereby agree to the foregoing declara
tion of intent, and the parties hereto agree to exercise their best
efforts to carry the
possible time.
Chairman of the Payette Lakes
Water and Sewer District
Neroorqndum of
Agreement ~3~
same into full force and effect at the earliest
of July, 1080.
/. ;:" ."./. .~;i:-':::::::7 '" '" >~d.?' Cr(.p J.fP ·(;412/L -t-J.?l. Franc~s Gestr~n .
Chairman of the Valley County
Board of Commissioners
Wil1im Tenn~ty:
President of the Payette Lakes
Homeowners Association
W:rll.am E. Mi burn -