HomeMy WebLinkAboutDocumentation_Regular_Tab 08_04/14/2011 , �. �= VILLAGE OF TEQUESTA
s -=��� AGENDA ITEM TRANSMITTAL FORM
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1. VILLAGE COUNCIL MEETING:
Meeting Date: Meeting Type: Regular Ordinance #: �, �:� °, ,
4/14/11
Consent Agenda: No Resolution #. �.:« �� r:::z `,. ,� �d��, k;,,`
Originating Department: Manager
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Council Discussion and Action Regarding Palm Beach County's Request to Approve Interlocal Agreement
Sharing Expenses Associated with the Palm Beach County Wellfield Protection Program
3. BUDGET / FINANCIAL IMPACT:
Account #: Amount of this item: $6,720 annually
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: Appropriate Fund Balance:
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
Council Discussion and Action Regarding Palm Beach County's Request to Approve Interlocal Agreement
Sharing Expenses Associated with the Palm Beach County Wellfield Protection Program
5. APPROVALS:
Dept. Head: Finance Director: eviewed for Financial
Sufficiency
No Financial Impact
Attorney: (for legal sufficiency) Yes ❑ No ❑
Village Manager:
• SUBMIT FOR COUNCIL DISCUSSION: �
• APPROVE ITEM: ❑
• DENY ITEM: �
Form amended 08/26/08
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Department of Environmental March 15, 2011
Resources Management
2300 North Jog Road, 4`" Floor
West Palm Beach, FL 334ll -2743
csbl�z33-Zaoo Mr. Michael Couzzo, Jr., Village Manager
Fax: csb>>z33-za�a Village of Tequesta
www.pbcgov.com/erm P.O. Box 3273
Tequesta, FL 33469
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Dear Mr. Couzzo:
PalmBeachCountv This letter is written to requesi that the Village uf Tr:questa cc?st share expenses
� a��ociated with the P�Im E�each County V�ell��eld Protectic�n Prt�gram. Since
soaraot'Cou�ty 1988, this program has regulated hazardous rnat�ri�! r��ndling vrithin or nearby t�
Commissioners the Viilage of Tequesta's wellfields. Until now, the proaram has b�en funded by
xaren T. Mar�us, cna„ Palm Beacri County. For t��e 2012 budget cycl�, b�gir�nir�e� C�ck�b��r 1, 2011,
Enviranmental Reso�rces Management is c�i��ctec� to s��k c.:�Ji shw�re t�und�ng
ShelleyVana, ViceChair { thc��e utilities whose `h'�t_P,C SUp��y iS kP�;f. ;i���' �� �riE' L?�`C):!�'�3'1l:
Paulette Burdick
w'IlCl�7:.��;� b�'! this le+,� �., cli� IlItP.C�(7��� c'a 41E; �!i'y;:,�t, ��.3 �: �sr'i,,�c; �fri��i l;i���
Steven L. Abrams g .. � � ��, r, , >r j ne
�.�ti,ity t�F:netitting fi���m t��e i�-rc�gr��r�� pri�r ��, i�rati�,�k��,rr, _._�"� i. �, { ���.P��t-�� t�:�r�k�u:..�.�,
Burt Aaronson V`,�C� d(2 IIOt �-G'8{<Ii�1CJ CO::i `��°Ical"a �I"Ql71 fir1CiSG t:'"l�ltl��5 4V�i�:�1 t i�at?d":3�;:? �i�.��: C�C IE'.tiS
Jess R. Santamaria wefls.
Priscilla A. Ta ��,� Environmental Resourc�.:�
'' ��• Mar�ac�ement has m�t with rri��i;� �f t�e �at�ilities xo
revie�v the program's b��!BfItS. Ifl addition, we had an intera�f!vs �reszr?fati�n
with the Utilities Council. Tr�erE is littie doubt that the re!ativs!y �wnall �x��nse of
the Program has far outweighed the potential cost of a mishar3c�ied substance
c°°°tyAdm�°�Stra`°r finding its way into a production w�ll. Still, utility staff offered sugc�estions to
R°bertwe'sma„ either make the cost share more accepiable or� tQ increase the Pregrarn benefit to
UZII1tIE;S.
In what started out as asking utilities to completely absorb the cost of the
Program, we are now seeking a cost share cf 80% of the net cost of the
Program. The County woulc� pay for the remaining 20% of the program, keeping
the County as the largest contributor of the program.
The outiine of the cost shar� plan is as follo�vs:
"An Equal Oppornmiry �
a�rmurrveA��rr��ncmpr��,�e,��� • The net cost of ti�e program, total cost minus re�i�nue from fee� ;$90,5551 is
$519,997.
• Net cost divided by the 495 wells operated by the participating util�ties e�auals
$1,050. Utility cost wifl be $840 per well operated by that utility
♦ +
• Cost for each utility will be calculated based on number of welis in the approved wellfield
map multiplied by the cost per well.
• Increases to the cost per well will be capped at 10% per year.
• As suggested, annual renewal fees and permit application fees will be waived for
participating utilities.
The cost share for the Village of Tequesta is $6,720 annually.
As we are currently preparing the 2012 budget, we request that the Village of Tequesta respond
with their intent to participate by March 30, 2011 and to execute the enclosed interlocal
agreement by ,luly, 2011.
If you have any questions, please feel free to contact me at (561) 233-2400 or Robert Robbins
at (561) 233-2454.
Sincerely,
�i���� �%�
Richard E. Walesky, Director
Environmental Resources Management
RW:RR:BF
Enclosure
cc: (without enclosure)
Bevin Beaudet, Director, Palm Beach County Water Utilities
INTERLOCAL AGREEMENT BETWEEN
PALM BEACH COUNTY
AND THE
VILLAGE OF TEQUESTA
THIS INTERLOCAL AGREEMENT, which is made and entered into on the
day of , 2011, by and between PALM BEACH COLTNTY,
("COLTNTY") a political subdivision of the State of Florida, and the VILLAGE OF
TEQUESTA, a municipal corporation in the State of Florida, ("VILLAGE") each one
constituting a public agency as defined in Part I of Chapter 163, Florida Statutes and both
being hereinafter referred to collectively as the "parties."
WITNESSETH:
WHEREAS, Chapter 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use of
their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that will harmonize geographic,
economic, population and other factors influencing the needs and development of local
communities; and
WHEREAS, Part I of Chapter, 163 Florida Statutes, permits public agencies as
defined therein to enter into interlocal agreements with each other to jointly exercise any
power, privilege, or authority that such agencies share in common and that each might
exercise separately; and
WHEREAS, pursuant to Section 3.3, Charter of Palm Beach County, the Board of
County Commissioners is empowered to enact countywide ordinances to protect present
and future wells and wellfields; and
WHEREAS, the COiJNTY operates a Wellfield Protection Program (the
"Program") as authorized by Palm Beach County, Unified Land Development Code
(ULDC), Article 14.B, Wellfield Protection; and
WHEREAS, the VILLAGE and its utility customers benefit from the COLJNTY' S
ability to operate the Program across jurisdictional boundaries in order to protect the raw
water supply from potential contamination; and
WHEREAS, the COUNTY's operation of the Program prevents the VILLAGE
from having to operate a comparable program in order to meet Comprehensive Plan
requirements and/or water allocation/ consumptive use requirements; and
WHEREAS, the parties wish to enter into this agreement to set forth the
VILLAGE's desire to cost share with the COUNTY in order to ensure the continued
operation of the Program.
Page 1
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations herein contained, and for other good and valuable consideration, the receipt
and sufficiency of which the parties expressly acknowledge, the parties hereto agree as
follows:
1. The foregoing Recitals are true and correct and are hereby incorporated
herein by reference as if fully set forth herein.
2. Purpose of the Agreement. The purpose of this Agreement is to set forth the
terms, conditions, and obligations of each of the respective parties hereto to
cost share in the COiTNTY's implementation of the Program in accordance
the Palm Beach County's ULDC Article 14.B., Wellfield Protection, as
amended from time to time.
?. The Term. The term of this Agreement shall commence upon execution by
both parties and shall expire ten (10) years from the date of execution, unless
earlier terminated as provided herein.
4. Obli�ations of the COLTNTY.
a. The COiJNTY agrees to maintain and manage staff to implement the
Program in accardance with the Palm Beach County Unified Land
Development Code, Article 14.B, as amended from time to time.
b. The County agrees to provide modeling for all wells for location and
pump rates to create Wellfield Zones of Influence 1, 2, and 3,
establish the regional 1 foot drawdown contours (Zone 4), and create
map representations of all zones.
c. The COUNTY agrees to provide permitting and conduct compliance
inspections of facilities subject to Article 14.B.
d. The COLTNTY agrees to maintain the Groundwater and Natural
Resources Protection Board for code enforcement of the Wellfield
Protection Program.
e. The COLJNTY agrees to conduct complaint and spill investigations
within wellfield zones and to maintain a web site and brochure.
£ The COLTNTY agrees to waive all annual renewal and permit
application and modification fees otherwise applicable to the
VILLAGE.
g. By June 1 of each calendar year, the COLJNTY wi11 notify the
VILLAGE in writing of the VILLAGE's Cost Sharing Responsibility
for the upcoming fiscal year running from October 1 to September
30. The total Cost Share Amount for the Program shall be computed
by taking the upcoming fiscal year's proposed Program budget,
subtracting the estimated wellfield operating permit revenues,
dividing by the total number of wells regulated under the Program
(for systems greater than 5 wells) to generate a cost per well and then
multiplying the cost per well by the number of wells the VILLAGE
has under the Program. (A current Cost Share Amount estimate for
the 2011/12 fiscal year is approximately $1,050 per well).
Page 2
5. Obli ag tions of the VILLAGE. By November 30 of each fiscal year (i.e.
October 1- September 30), the VILLAGE shall pay the COtJNTY 80% of
the Cost Share Amount (i.e. the VILLAGE's Cost Sharing Responsibility)
for that fiscal year, as computed in paragraph 4.g. above. (For example, if
the Cost Share Amount for fiscal year 2011/12 is $1,050 per well, the
. VILLAGE's cost Sharing Responsibility would be $840 per well).
6. Independent Contractor� The parties shall be considered independent
contractors. No person employed by any party to this Agreement shall, in
connection with the performance of this Agreement or any services or
functions contemplated hereunder, at any time, be considered the employee
of the other party, nor shall an employee claim any right in or entitlement to
any pension, worker's compensation benefit, unemployment compensation,
civil service, or other employee rights or privileges granted by operation of
law, except through and against the entity by whom they are employed.
7. Fart�Representatives. The COUNTY's representative during the term of
this Agreement shall be Director of the Deparhnent of Environmental
Resources Management, whose telephone is (561) 233-2400. The
VILLAGE's representative during the term of this Agreement shall be
whose telephone number is (561) T
8. Notices. All notices required or permitted to be given or delivered by or to
any party hereunder, shall be in writing and shall be hand delivered by
messenger, courier service or prepaid overnight delivery service, by
electronic transmission producing a written record, or alternatively shall be
sent by United States Certified Mail, with Return Receipt Requested. The
effective date of any notice shall be the date of delivery of the Notice if by
personal delivery, courier services or prepaid overnight delivery service, or
if mailed, upon the date which the return receipt is signed or delivery is
refused or the notice designated by the postal authorities as non-deliverable,
as the case may be. The parties hereby designate the following addresses as
the address to which notices may be delivered, and delivery to such address
shall constitute binding notice given to such party:
Board of County Commissioners Village Manager
of Palm Beach County VILLAGE of Tequesta
Governmental Center
301 N. Olive Avenue Tequesta, FL 334_
West Palm Beach, FL 33401
and with a copy to:
Palm Beach County Department of VILLAGE Attorney
Environmental Resources Management VILLAGE of Tequesta
Directar
2300 N. Jog Road, 4 Floor Tequesta, FL 334_
West Palm Beach, FL 33411-2743
Page 3
with paragraph 5. If the COIJNTY terminates this Agreement for
convenience after the commencement of the fiscal year, it shall
refund the VILLAGE a prorate share of the funds provided to the
COUNTY in accordance with paragraph 5.
c. Upon termination of this Agreement, the COUNTY shall no longer
be required to implement the Wellfield Protection Program described
herein within the wellfield protection area located within VILLAGE
boundaries and/ or associated with the existence of the VILLAGE
utility wells and the VILLAGE shall be solely responsible to protect
its well from potential contamination.
13. Enforcement Costs. Except as otherwise provided herein, any costs or
expenses (including reasonable attorney's fees) associated with the
enforcement of the terms and/or coziditions of this Agreement shall be borne
by the respective parties. This provision pertains only to the parties to the
Agreement.
14. Remedies. This Agreement shall be construed by and governed by the laws
of the State of Florida. Any and all legal action necessary to enforce the
Agreement will be held in Palrn Beach County. No remedy herein conferred
upon any party is intended to be exclusive of any other remedy, and each
and every such remedy shall be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or in
equity or by statute or otherwise. No single or partial exercise by any party
of any right, power, or remedy hereunder shall preclude any other or further
exercise thereof.
15. Amendment. None of the provisions, terms, or obligations in this
Agreement may be added to, modified, superseded, or otherwise altered,
except by written instrument executed by the parties hereto.
16. Public Records. The parties shall comply with Florida's Public Records
Law with regard to any documents or other records relating to this
Agreement.
17. Dele ation. Nothing contained herein shall be deemed to authorize the
delegation of the constitutional or statutory duties of state, county, or
municipal officers.
18. Beneficiaries of A rg eement. It is the intent and understanding of the parties
that this Agreement is solely for the benefit of the parties. No person or
entity other than the parties shall have any rights or privileges under this
Agreement in any capacity whatsoever, either as third-party beneficiary or
otherwise.
19. Construction of Agr�eement.
Page 5
a. The titles, captions and paragraph headings are inserted for
convenience only and are in no way intended to interpret, define,
limit or expand the scope or content of this Agreement or any
provision hereto.
b. This Agreement shall be construed without regard to any
presumption or other rule requiring construction against the party
causing this Agreement to be drafted.
c. In the event any provision of this Agreement conflicts, or appears to
conflict with any other provision of this Agreement, the Agreement,
including all exhibits, attachments and all documents specifically
incorparated by reference, shall be interpreted as a whole to resolve
any such conflict or inconsistency.
20. Entirety of A r�nt. The COUNTY and the VILLAGE concur that this
Agreement, together with any exhibits attached hereto, sets forth the entire
Agreement between the pa.rties, and that there are no promises or
understandings other than those stated herein.
Page 6
.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
through their duly authorized signatories on the day and year last written below.
ATTEST: PALM BEACH COUNTY, FLORIDA, BY
SHARON R. BOCK, ITS BOARD OF COLJNTY COMMISSIONERS
CLERK & COMPTROLLER
By: By:
Deputy Clerk Karen Marcus, Chair
(SEAL)
ATT�ST: [VILLAGE] OF TEQUESTA
By: By:
Village Clerk (Manager; Director)
(SEAL)
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
By: By:
Assistant County Attorney Village Attorney
APPROVED AS TO TERMS AND CONDITIONS:
By: _
Richard E. Walesky, Director
Environmental Resources Management
Page 7