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HomeMy WebLinkAboutResolution_17-99/00_12/09/1999C] RESOLUTION NO. 17-99/00 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE TEQUESTA PENINSULA SEWERING AGREEMENT, AND AUTHORIZING THE MAYOR AND VILLAGE MANAGER TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE. • NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Tequesta Peninsula Sewering Agreement, Attached Hereto as Exhibit "A" and Incorporated by Reference as a Part of This Resolution is Hereby Approved and the Mayor and Village Manager are Authorized to Execute the Same on Behalf of the Village of Tequesta. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Schauer who moved its adoption. The motion was seconded by CouncilmemberCanretta ,and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Dalaclc Hansen Schauer • r The Mayor passed and 1999. declared the Resolution of November, this 9th day duly A.D., MAYOR OF TE ESTA / Carl C. Hansen ATTEST: thereupon adopted QOM.-- oann Manga ello Village Clerk • Tequesta Peninsula Sewering Agreement • Adopted November 9, 1999 On September 9,1999 a mediation session was held to seek a resolution of current and potential legal actions and other issues related to the proposed Sewering of the Tequesta Peninsula. The parties to the mediation were the Village of Tequesta, the Loxahatchee River Environmental Control District, Bermuda Terrace and Pine Tree Concerned Citizens and the Loxahatchee River Political Committee. These parties were represented by: Carl Hansen Tequesta Village Vice-Mayor Tom Bradford Tequesta Village Manager Scott Hawkins Attorney for Tequesta Richard Sheehan ENCON Board Chairperson Richard C. Dent ENCON Executive Director Curtis L. Shenkman Attorney for ENCON Timothy Gaskill Attorney for ENCON John Dreith authorized representative for Bermuda Terrace and Pine Tree Concerned Citizens Sharon Walker Treasurer and authorized representative far Loxahatchee River Political Committee Steve Walker Advisor to the Loxahatchee River • Political Committee The mediation participants identified the issues and interests of their parties and worked together to shape the following agreement that they collectively recommend to their respective organizations. This mediation agreement does not go into effect until adopted by the Tequesta Village Council and the ENCON Board, and also agreed to by the Loxahatchee River Political Committee and the Bermuda Terrace/Pine Tree Drive Citizens Group. Points of agreement: A. RESOURCE PROTECTIOIQ ACTION STRATEGY 1. The Sewering project is only part of a comprehensive approach that is needed to address river pollution ground water quality and other natural resources in the Loxahatchee River Basin. The group confirmed their commitment to the following principles; a. Reduce pollution of the river from all sources. b. Protect groundwater quality and quantity. • Tequesta Peninsula Sewering Agreement- Adopted November 9, 1999. c. Seek a fair sharing of the burden for the costs compared to the environmental benefits - lower cost-benefit ratio. d. Provide leadership and coordination for an integrated approach to all sources of pollution, that will include a cooperative government-citizen study. 2. ENCON and Tequesta agree to work together to assure that there is an integrated action strategy for natural resource protection. Richard Dent, Tom Bradford and Steve Walker will prepare an action strategy for adoption by the Tequesta Commission and the ENCON Board within 120 days that may include: a. Working for adoption of Wild and Scenic Stormwater management plan before the Loxahatchee River Management Coordinating Council. b. Joining together to lobby the SFWMD and DEP to take critical measures to protect the basin, also involve other local governments in a coordinated effort. c. ENCON support for Tequesta's Stormwater Utility and • jointly encouraging more expenditure for environmental enhancements. d. Implementing or advocating for the implementation of appropriate recommendations of the DEP Eco-system Management Plan. e. Support the North Palm Beach County Water Management Plan, especially the C18 discharge provisions. Gather data to get action by the SFWMD. Tequesta will support action without becoming a party to the plan. f. Tequesta Council financial participation in environmental education and research with ENCON. g. Providing sewers for both Tequesta Peninsulas (East and West) to fairly share the responsibility for pollution prevention, including: the Hunt Club, Turtle Creek, Cove Point and Jupiter in the Pines. Provisions shall be similar on the east and west sides of the road. h. Jointly working on revision of the septic tank replacement sequencing plan for Tequesta and areas within the boundaries of ENCON's District. • Tequesta Peninsula Sewering Agreement- Adopted November 9, 1999. B. GRAVITY SYSTEM 1. The parties agree that the Tequesta Peninsula shall have a central sewer system constructed to serve the remaining areas currently not provided with such sewer service. A Gravity sewer system is the preferred system to be constructed in the Village of Tequesta Corporate limits on the Tequesta Peninsula. The parties recognize, however, that ENCON may chose to utilize an alternate system in the neighborhoods of Bermuda Terrace, Pinetree Drive, Cove Point, Anchorage Point, and such other areas on the Tequesta Peninsula where ENCON cannot meet the technical requirements of the SFWMD and the PBCHD for installation of a Gravity system in said areas. In such instances where an alternate system is provided to property owners, they shall be assessed the combined alternate assessment as defined in ~C.3 herein, and shall otherwise be subject to all other rights and obligations of this Agreement. C. COSTS AND RESPONSIBILITIES 1. ENCON will seek the lowest responsible price, in accordance with ENCON's purchasing procedures, from a qualified contractor who will be bonded and insured. • 2. ENCON will pay 10% of the capital costs for engineering and construction. 3. The "assessment" to the property owner for capital costs shall not exceed $8000.00. In the event where an alternate system is used, the "alternate system assessment" to the property owner for capital costs shall not exceed $4900, and ENCON also agrees to finance $800 of the property owner's on-site construction costs called the "alternate system On- Site Assessment", such that in combination, the assessment to the property owner will be $5700 or less. In the event an alternate system is used, ENCON will provide a 10-year guarantee on the pumps and auxiliary equipment and be responsible for replacing them during that time. 4. The combined assessment may be financed over 20 years at a rate not to exceed 70 (potentially as low as 5.750 only for construction contracts that are executed prior to 2-20-00). ENCON will take all reasonable steps to execute all contracts prior to 2-20-00. It should be noted that planning, engineering, design, permitting and placement for bid for the second phase might not be possible before that date. The final interest rate may be a blend of the rates for each phase. There will be no pre-payment penalty and no • • • • Tequesta Peninsula Sewering Agreement- Adopted November 9, 1999. due-on-sale clause. The assessment will be on the non-ad valorem tax bill. 5. ENCON will provide a $500 subsidy of the connection fee for homes constructed before April 1981. 6. ENCON will provide free inspections of on-site hookups and waive the septic disposal fee for final pumping of septic tanks - approximately a $50 value to the property owner. 7. ENCON will pre-qualify on-site hook-up contractors to assure low price hook-up fees. 8. ENCON will arrange for equity loan packages for hook-up and connection fees with local lenders. 9. All Tequesta ratepayers will pay the same quarterly rate that ENCON charges outside Tequesta. 10. ENCON and TEQUESTA will jointly pursue grants, especially for low-income owners. 11. ENCON will use the Palm Beach County Environmental Control Hearing Board to process hardship cases. 12. Property owners will have 12 months to connect to the system after the system has been completed and declared available by the ENCON Governing Board, in accordance with Fla. Stat. 13. ENCON will amend the "Rivers First Resolution" to remove the clauses arising due to the continued legal challenges and is consistent with the points in this agreement. 14. Tequesta Circle and Golf Club Circle will benefit by the same financial incentive provisions specified in the modified "River First Resolution". 15. ENCON shall involve local governments, including Tequesta, in the process of revising the septic tank replacement strategy for areas east of I-95 and as a second priority to study areas west of I-95. 16. Tequesta will waive to Encon the permit(s) fees and costs in connection with the sewer system being constructed, as Tequesta's contribution to reduce the assessment costs to the property owners. -4- Tequesta Peninsula Sewering Agreement- Adopted November 9, 1999. D. CONSTRUCTION PLANNING AND CONSTRUCTION 1. When Tequesta Village Council approves the agreement it shall constitute final approval of extension of the sewer system within the corporate limits of Tequesta upon the Tequesta Peninsula and meets the requirements of Tequesta Ordinance 209 and applicable rules and regulations of Tequesta, including the Tequesta Zoning Code. This final approval is for the lines and appurtenances in the right of way, excluding the lift stations which will be approved in accordance with paragraph D.15. hereof. 2. ENCON will submit plans and meet informally with Tequesta DRC staff on construction plans and reply to reasonable requests. Tequesta will issue the permit(s). This procedure is in lieu of the formal DRC and Tequesta procedures, except for lift stations which will be approved in accordance with paragraph D.15, hereof. 3. Tequesta agrees to modify their comprehensive plan to allow sewers consistent with this agreement. 4. No special exception public hearing or site plan review will be needed for the sewer system on the Tequesta • Peninsula. 5. ENCON will make all reasonable efforts to commence construction on or before 2-20-00. 6. ENCON will provide construction information materials to homeowners prior to construction. This will include details of construction, homeowner, contractor and ENCON responsibilities and liabilities, and a projected timetable for construction. 7. ENCON will hold a preconstruction meeting and periodic progress meetings as may be needed. 8. ENCON will provide property owners with the choice of the location of their connection point. 9. ENCON will repair drives, mailboxes, sod and other improvements damaged during construction. 10. Tequesta will employ its best faith effort, in conjunction with ENCON's effort, to amend the dewatering permit needed from the SFWMD so that unusually restrictive and unnecessarily expensive conditions of the permit are removed. . -5- Tequesta Peninsula Sewering Agreement- Adopted November 9, 1999. • 11. Tequesta will aid in securing the cooperation of the Tequesta Country Club so that during the gravity construction project, the contractor will have some assurance of reasonable use of the Country Club's property and/or ponds to facilitate construction related dewatering. 12. Tequesta grants its permission to use Tequesta Stormwater Utility infrastructure, including drainage inlets, drainage lines and retention ponds to facilitate dewatering during construction. 13. ENCON will phase the construction so that residents will have the ability to enter either the South or North gates of the Tequesta Country Club Subdivision and avoid the majority of the construction work when accessing their homes. 14. ENCON will require all contractors to conduct their work in accordance with the District's standard specifications, provided such specifications are not in conflict with the ~~. Agreement. ~„~ 15. Tequesta approves the placement of three (3) lift stations within the Village and ENCON agrees to submit plans for the lift station sites that meet the code requirements of the • Village as determined by the Village Development Review Committee (DRC) The approved lift stations are: (1) In the right of way at the southeast corner of the intersection of Golfview Drive and Fairway North; (2) In the right of way at the northern intersection of Point Circle and River Drive; and (3) In the right of way of Country Club Drive, west of the roadway pavement, at the southern terminus of the Tequesta Country Club's property frontage along Country Club Drive. 16. ENCON shall maintain the three (3) lift stations in accordance with Tequesta's landscape maintenance requirements, and all code requirements of Tequesta not in conflict with Ordinance No. 209. 17. Representatives of the Loxahatchee River Political Committee (LRPC), if requested, agree to assist Encon in securing dewatering permit(s) from the South Florida Water Management District (SFWMD) A representative of the LRPC requests .proper notification of any and all meetings between ENCON and the SFWMD with regard to securing dewatering permits, for the purpose of observation and input, when requested by the SFWMD. The dewatering will not cause saltwater intrusion to an extent that will compromise the present and future environmental health of the Tequesta Peninsula with respect to its relationship to the Loxahatchee River. Issuance of -6- • • Tequesta Peninsula Sewering Agreement- Adopted November 9, 1999. and compliance with dewatering permit(s), shall serve as the determining factor that the dewatering will not cause saltwater intrusion to an extent that will compromise the present and future environmental health of the Tequesta Peninsula with respect to its relationship to the Loxahatchee River. E. FURTHER LITIGATION AND LEGAL CHALLENGES 1. The parties to the Agreement agree to dismiss pending litigation and not initiate new legal challenges related to this sewer project. All parties agree not to pursue future personal litigation against any persons involved in and arising out of the Writ of Mandamus lawsuit. Parties also agree to actively participate with any other party to the Agreement, if there is a third party legal challenge concerning the central sewer system on the Tequesta Peninsula. Each party will not seek reimbursement in Court of attorney fees and costs in litigation. The parties here to sign this Agreement with full authority. ~~.~ GGl Tequesta Councilperson ENCON,Board Member %~-,- , Tequesta Village Tom Bradford /' e~.P !' ~c~u.w Tequesta Attorney (Approved as to form and legal sufficiency) Scott Hawkins, Esquire ENCOI~T' Executive.fDirector Richard Dent ENCON Atto e (Approved as to form and legal sufficiency) Curtis Shenkman, Esquire Tequesta Date: NOVEMBER ~,/ 1999 ENCON Date: NOVEMBER d, 1999 • -7- • • • Tequesta Peninsula fiewering Agreement- Ad ;~ ~ , Loxahatchee River Political Committee Authorized Representative - Sharon Walker opted November 9, 1999. Loxahatchee River Political Committee Advisor (Approved as to form and legal sufficiency) Steve Walker, Esquire LRPC Date: NOVEMBER ~, 1999 \LRD\TEQUESTA\MED-1104.AGR 11-04-99 -8- ~ uda Terrace and Pine Tree °ve Concerned Citizens horized Representative - hn Dreith ermuda Terrace and Pine Tree Drive Concerned Citizens (Approved as to form and legal sufficiency) Scott Hawkins,Esq Bermuda Date: NOVEMBER ~~, 1999