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HomeMy WebLinkAbout4/20/1989Thursday, April 20, 1989 The Board of County Commissioners of Indian River County, Florida, met in Special Session with the Vero Beach City Council at the City Council Chambers, 1053 20th Place, Vero Beach, Florida, on Thursday, April 20, 1989, at 9:00 o'clock A.M. Present were Gary C. Wheeler, Chairman; Carolyn K. Eggert, Vice Chairman; Richard N. Bird; Margaret C. Bowman; and Don C. Scurlock, Jr. Also present were James E. Chandler, County Administrator; Charles P. Vitunac, Attorney to the Board of County Commissioners; and Virginia Hargreaves, Deputy Clerk. Present from the City of Vero Beach were Mayor Kenneth Macht, Vice Mayor Vernon Krause, Councilwoman Molly Beard, and Councilmen Kevin Doty and Michael Wodtke. Also present were City Manager John Little, City Attorney Terrence O'Brien, and Finance Director Thomas Nason. Mayor Macht called the meeting to order and announced that it was a one item meeting to discuss the subject of water and sewer utility service - plant capacities and service boundaries, and he asked City Manager Little to start out the discussion. City Manager Little displayed a thick folder containing agreements that have been signed since 1973-74 with the Hospital with Raimar, and many various entities. He did believe things now are stabilizing rapidly regarding water and sewer in the county so that these agreement are outdated and no longer apply, and staff feels there is a need to get rid of all of them and have a master agreement. Mr. Little advised that the City has had engineers working on a boundary agreement for 3 or 4 years, but he felt nothing will get done without a joint meeting of the City and County. He believed staff has done a good job under a short time frame to try to come up with an agreement to replace APR 2 0 1989 BOOK 6FAUF 6 7 APR 20 1989 BOOK 76 PAGE 658 all these agreements and draw territory maps and talk about how we can shift wastewater treatment capacity back and forth to our mutual benefit, and particularly assist the county in some interim problems associated with growth. Mr. Little wished to know if everyone wished to take up the agreement or the boundaries first. Administrator Chandler stated that he had hoped to have the map and agreement out to the Commissioners considerably prior to the meeting, but was only about to accomplish this late yesterday afternoon and he apologized for that. - County Utilities Director Pinto and City Director Goff passed out maps showing the proposed boundary lines, as follows: tr_��ii1;5Uh t: F. figfriftritilUtt 2 Director Pinto commented that staff has been working on the squaring off of territories and it is not a simple situation of just drawing a line because there are a lot of people involved and a lot now receiving utility service from the City who should be in the county and vice versa. They did not want to be too arbitrary, and did the best they could to look at all the individual situations. The only two areas where they got into deep discussion was near the Hospital and out off of 43rd Avenue where the City is now servicing a little development in there with water. He believed they ended up the squaring off by being able to switch all customers, except for two wastewater customers and one water customer where it just didn't make sense for the county to go over and service them for the small amount of flow involved. Director Pinto then referred to the old boundary line shown on the map near 36th Street and noted that the Hospital itself had been taken out by special agreement and put into the City area. Everything to the south of the new line there can be much more easily and cost effectively serviced by the City and everything to the north can be served better by the county, except for the Hospital. Because of the special agreement between the Hospital and the City and the County, it was believed it would be best for everyone to leave that with the City. The Hospital will be a City customer, and the City will bill them; however, in the agreement they have arranged that the County will treat the wastewater for the City because we have just sewered that whole area. In turn, all we are saying is that whatever we treat here (200,000 gpd +), we pick up like capacity in the City treatment plant. City Manager Little advised that the City's position on the Hospital sewer and water service was that we have a binding agreement. However, if the Hospital. Board at some point in time wants to be a County customer and feels it is to their advantage to do so, the City will agree to set aside the Tri -partite 3 APR 2 0 1989 ROOK�/6 FAGE 659 APR 2 0 1989 BOOK l6 PAGE 660 agreement and change the boundary map so that they then would go into the County. It didn't seem worthwhile having a legal fight over that issue when we have a good agreement now. Director Pinto really felt the way it works out is much better for everyone and serves everyone's purpose. He noted that off of 43rd Avenue, they just carved out the areas the County can readily serve with a minor amount of construction. Ryanwood is already on the County system, and behind there it is much more cost effective for the City to service that area - everything west of that and on the opposite side of Route 60, the County will pick up because it will be easier for us to get lines in. He noted that when staff looked at this, they really didn't pay a lot of attention to the boundary lines of the City and County, but just what would be best for each utility and for the customers on the systems, and he believed it works out well. It is understood that when we finally agree on these boundary lines, there has to be some construction done to connect and cut off from the City to the County system, and there will probably be a couple hundred thousand dollars worth of construction required to facilitate what we need to do. City Manager Little stressed also that there is only one map and one line and that line is both water and wastewater so that no one is saddled with trying to serve a wastewater only customer. Director Pinto explained the County plans, noting that we have water on 43rd Avenue and water on King's Highway, and we have taken water down King's Highway to North Gifford Road, actually all the way to Bent Pine Utilities and then over into Grand Harbor. At some point in time there will be a line that will run south on the Boulevard from Grand Harbor all through the City and back to connect into our Oslo line so that our system will be totally looped. We will have interconnecting lines throughout the City and on the Beach so that if either entity runs into any major problem, we can divert water. It would be 4 easy to wholesale water back and forth the way this is to be set up. Wastewater is not tied together like that right now, but Director Pinto believed as time goes on, we will be looking closer and closer at doing that. City Manager Little also commented that some day as things change, what staff has done from a technical standpoint would make it easy to have a water and sewer authority. Director Pinto advised that there is room in the agreement so that if there is some isolated special condition, by agreement of the City and County, we can service each other's customers. That summarizes the proposed boundary line, and what this leads to is the wastewater and what the county is looking for in the south part of the county. Commissioner Bird left the meeting at 9:15 o'clock A.M. Director Pinto noted that it is very obvious the County is going to have to do something on its own to accommodate growth in the south of the county. He advised that we have sent notice to GDC that we want to pursue purchase of their treatment facility, and if that does not come about, we will be building a treatment plant right near them. We also have hired the firm of Post, Buckley to do a countywide master plan on reuse of effluent. The first phase would be the south county, and Director Pinto believed we all have the same problem there. There is concern about the City's effluent going into the river, and we certainly don't want to go into the river. He knew the City has done some work on looking at reuse of their effluent, and he believed at some point in time there can be interconnec- tions for reuse of that effluent. All the irrigation we get out of the use of that effluent, we lessen what is taken out of the drinking aquifer. We are in the permitting stages for a major force main to run from the City plant south on the Boulevard and on U.S.I; it is designed ultimately to turn the flow completely 5 APR 2 0 1989 POOK76 PAGE 661 APR 2 0 i939 k•y � BOOK 16 PAGE 662 around and take all County flow from the City plant to a South County plant. Because of that line, we will have the ability to push flow back and forth. We have a long way to go, but the County will be pursuing a south county plant as soon as we can. City Manager Little commented that one of the things that led to this meeting was that it was felt it was very necessary to present to the Council and Commission the realities about the capacity available in the City's wastewater treatment plant. The City has had a study done by Lloyd & Associates, which indicates the City's plant is reaching capacity, as stated in the following letter: s"a LLOYD -8c ASSOCIATES, INC. o► ENGINEERS. ARCHITECTS. PLANNERS ANO SURVEYORS P16NE-(4O7) 562-4112 0 1835 20TH ST.. P.O. BOX 650369. VERO BEACH. FL 32965.0389 FAX -(407) 778-8836 March 28, 1989 John V. Little, City Manager City of Vero Beach 1053 20th Place Vero Beach, Florida 32960 RE: Sewage Treatment Plant Capacity Dear Mr. Little: Pursuant to your request, the following are the results of a minor study to estimate the year in which the current capacity of the City's Wastewater Treatment Plant will be reached. This study was based upon population projections developed by the University of Florida, Bureau of Economic and Business Research and upon an earlier study done by this firm of future treatment requirements based on undeveloped acreage inside the sewage service area. For the purposes of this study, it was assumed that occupancy for residential units is 2.2 persons as reported in the 1984 U.S. Census for the Vero Beach area and sewage production is 185 GPD/residential unit. Population projections beyond the limit of the University of F1,9rida study (year 2010) are linear extensions from the period of 2005 to 2010. Industrial and commercial build -out within the sewage service area was assumed to occur in the same year as the City's residential build -out (year, 2017). The total commitment for the 6th Avenue corridor was taken to be 0.600MGD.. The results of this study indicate that sewage plant capacity of 4.5 MGD is reached in the year 1996. If there are any questions regarding this study, please contact us. Very truly yours, LLOYD & ASSOCIATES, INC. By Rober loyd, .E. President 6 Mr. Little continued that all the package treatment plants on the barrier island have been taken out of service, and the City is serving the island from the south county line through John's Island with the exception of Bay Tree; they also are serving the City and the Hospital. With build -out beginning to occur in those areas and in the City, we need to talk about where we are going at the south end of the county. Grove Isle, for example, wants to sign to hook up at the City treatment plant, and he has gotten to the point where he is refusing those applications because the numbers just don't work. Mr. Little stressed that there are only 400,000 gpd of wastewater treatment capacity available in the City's treatment plant on a permanent basis. He felt Director Pinto came up with an excellent idea when he pointed out that while County needs flow in the North County wastewater plant, the City certainly doesn't, and this led to the arrangement that the City would take the Hospital, but would send the Hospital effluent (about 200,000 gpd) to the County's north treatment plant for processing; and by the same token, the City then allow an additional 200,000 gpd, over and above the 400,000 gpd, to come to the City Plant. There will be no billing - simply you treat and we treat. This shifting gives the County flow in the north and frees up capacity in the south which the County can use, and it doesn't affect the City one way or the other. There was some talk that in order to make further capacity available out of the City plant at the south end, we wondered if the City could come all the way down to lift station in front of the Presbyterian Church on Royal Palm Boulevard and divert that flow north to the County plant on an interim basis and free up more capacity. Staff is looking at that option now. The tough problem is the interim period of time between now and 1996 when it is hoped to get a plant on line at the south end, and there are some gpds that could be used on a temporary basis. City Manager Little stressed that what the City would ask is that the County move quickly to do whatever is necessary to give 7 APR 2019 9 RooK 76 FAGS 663 APS 2 0 1989 B00r /b GAGE 664 staff the tools they need to get started very quickly with a plant in the South County. The City will look at their flow line monthly and issue a report indicating how close they are getting to threshholds until it gets to a point where both City and County staff agree they will have to refuse to sign any more permits. To use Grove Isle as an example, their consulting engineer must prepare a DER form showing what the flows are, where the effluents will be treated, and the ability of the treatment plant to handle that effluent, etc. In the past that form was signed by the consultant and then came to the City Manager for his signature. It now has been decided that both the County staff and City staff will review this form and sign off on it before it goes to the City Manager. Director Pinto will keep a log as will City Utility Director Hillman Goff so they will know when a threshold is being approached, and when both those names are on the application, then and then only will the form go to the City Manager for signature. That is how they propose to control interim use. Commissioner Scurlock had a few comments on service areas. He believed the purpose of this meeting is joint cooperation. He reviewed the history of the whole situation and the various agreements over the years when nobody really knew where we wanted to go. He believed a lot of credit is due for trying to get rid of all of that and looking to the future, and he felt this is a very good beginning. This has been done on an engineering and cost effective basis, not a political basis; and lines have been drawn. He felt, however, that we need to plant the seed that a lot more needs to be done. The 1986 Safe Water Drinking Act is a reality, and it will present significant problems for both the City and the County, and that also goes over into the wastewater, which is going to require more extensive treatment. This, of course, involves substantial expenditure, and all that relates back to rates. Commissioner Scurlock noted that the County has made a commitment and has instructed staff to move ahead; the 8 County is in the utility business and will be in the future, and he felt there may be an opportunity in terms of the power agree- ments City Manager Little has been so successful in negotiating. He felt what needs to come out of this meeting today is that, in fact, there are some common areas we can continue to work together on. For instance, the City is in the process of evalu- ating their water system and R.O. might make some sense. The County has a brand new line going up Kings's Highway to Grand Harbor that has significant excess capacity, possibly even the capacity to serve 2 million gpd, and he at least would like to see some exploration of that possibility. He further noted that even the County is expanding outside its normal service area for South County waterinto the North County, the idea being to build up customer base. He felt there are some possibilities here, and what the County is doing may provide the City an alternative to get their discharge out of the river, if the City wished to consider buying capacity from the county. Commissioner Scurlock stated that he would like to instruct staff to move ahead and explore those possibilities where it makes sense and work together. He continued to emphasize the impact of the new laws and the necessity to work together to engineer environmentally sound and cost effective answers. City Manager Little advised that he will instruct staff and Boyle Engineering to look at purchasing water from the county as one of the alternatives they are looking into. In order for the consultant to look at this, however, he did need some answers, i.e., whether 2 million gpd would be available for a year, two years, or permanently, and also what it was felt the wholesale rate would be because they need to make economic comparisons. Commissioner Scurlock had two areas where he had some ques- tions regarding the proposed agreement. Under Paragraph 4 it says "The City shall treat the County in a nondiscriminatory and fair manner in all matters concerning this agreement, including APR 2 0 1989 9 EOOK 76 ['AGE 685 APR 2 0 1989 BOOK 73 f'A.GE 66 rate setting." He wished to make it clear that when you talk about nondiscriminatorty manner, it would relate to the cost of rendering that service. He did not want to have the Commission sit here 5 years from now and a surcharge is added and we say is that what it meant. County Attorney Vitunac noted that the county rate treats all alike. This would be a wholesale rate. City Manager Little agreed and stated that the City does not have a surcharge on wholesale rates; with wholesale, you are just looking at the cost of delivering a product to a particular delivery point, whether it is water, sewer, or electric. Commissioner Scurlock wished to have some more specific language regarding that, and Attorney Vitunac suggested that we just add wording stating that this "shall not include any surcharge." City Manager Little had no objection to that language being added to the agreement to preclude that possibility. He noted that is not the way you do wholesale rates in any event. Commissioner Scurlock then wished to be clear re the terms of our indemnification under Paragraph 6. The way he read it is that our 400,000 gpd allocation, plus the release of 200,000 gpd from the Hospital District, would equate to a 600,000 gpd allocation, and he assumed we are indemnifying the City for anything above that 600,000 gpd. In other words, the notice to the Commission and staff is that we are assuming liability for any extension of service beyond that 600,000 gpd on a temporary basis. City Manager Little stated that is correct, and further noted that when Mr. Pinto and Mr. Goff sign off on the DER form to be submitted to him for signature, they are on the hook for all of us because they are saying we can submit it to the DER because by the time this plant needs this capacity, the County plant will be able to handle it. 10 Commissioner Scurlock emphasized that we must set a very definite policy in terms of committing capacity to anyone as we do not want anyone claiming we are discriminating. Director Pinto explained the sign off process, and pointed out that the only time he and Hillman Goff sign off is for actual construction of lines. This will only be for those who are ready to build. Discussion ensued about the unrealistic flow figures the DER requires you to work with, and Commissioner Scurlock felt it is because the DER is concerned about overdevelopment. Commissioner Scurlock had one other thing he wanted to clear up. He wanted to be sure there is no question about the County charging impact fees since there have been some questions raised about this in the past. He wished to go on record that the County feels we can defend that impact fee, and he just wanted to be sure that we aren't at odds with the City about this and that this agreement doesn't address it in a negative way. City Manager Little advised that the agreement just says d that this is the County's business, and it is the City's official position that they are not going to get involved in that. The County is not charging the City; they are charging individuals, and he believed those individuals have all the rights they need to protect their own interests. EFFLUENT DISPOSAL Mayor Macht asked that the County be made aware of some of the City's discussion about effluent disposal. City Manager Little advised that the City is pretty much aware of what the County is doing regarding their planning in this area. In regard to the wastewater effluent from the Vero Beach plant, there has been a lot of social and environmental pressure to take that out of the river. Several things are happening around the state - they are getting very sticky as far as toxicity tests, and they are getting particularly concerned on 11 APR 2 0 1989 POOK 76 F4,657 APR 2 0 i989 BOOK 76 FA,E 668 the east coast of Florida where plants are discharging into the Indian River. They have already taken on Fort Pierce for this and that has been going on for two years. The City of Vero Beach has been noticed that they have some toxicity problems. The DER is saying do something and they want the City to go to deep well injection. Both the County and the City have looked at putting effluent into the wetlands, but the DER doesn't want to allow that. Considerable discussion followed about the DER's require- ments for going into existing wetlands being higher than for creating a new wetland, and the City and County's objections to deep well injection. City Manager Little reported on the City's plans for having an effluent line along A -1-A and making it available for all the golf courses to use for irrigation. They will not branch off A -1-A into residential; they will pick up the Moorings Golf Course, the Riomar Golf Course, then will divert to go to the 52 acre Riverside Park and make the irrigation available to the Under the Oaks area, then on down to John's Island. Mr. Little noted that all of the condos located right on A -1-A have separate irrigations meters, and as soon as they satisfy the golf course needs, they will take out those meters and disconnect them from the potable water lines. He believed that they will run out of supply long before they meet the demand for irrigation water. In regard to the water system itself, Mr. Little advised that they are doing a new 10 year study for transmission and distribution, and the first thing they have to study is what effect the providing of effluent for irrigation will have on their potable water demand. They also have to take into consideration the trading off of service areas and some of the other alternatives that have been suggested, and if, in fact, by some miracle they did have a 2 million gpd decrease in demand on the potable water plant, then possibly they wouldn't need to build an addition to the plant. They will took at everything to 12 see where they are heading. If they build an adjunct to the Vero Beach water plant, it would probably be for "peaking" purposes. They will be required to do something at some point in time to augment their treatment capacity and probably will have to go to R.O. and use membranes for treatment. 'Mr. Little advised that as far as staff is concerned, they are now done with the water and wastewater subject, and as soon as they get the maps and Attorney Vitunac makes some slight changes to the agreement, he will put it on the agenda to go to the Council. Commissioner Scurlock believed the Board would wish to have it on their agenda also. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Eggert, to give conceptual approval to the proposed agreement with the City re service areas and water and sewer allocations, with the changes discussed today to be made, and the agree- ment then brought back to the Board for final approval. Mayor Macht noted that he would like to have another joint meeting with the County in May, and Commissioner Scurlock commented that he would like to have the Chairman and the Mayor come up with list of topics to be put on the agenda so we can be prepared. Mr. Little wished to bring up the proposed sludge agreement. He advised that staff feels it has too many blank spots in it; that there are too many unknowns, and possibly the City should have their consultants look at what would be involved in putting a sludge facility on their own site or at least dewatering. He felt the City and County need to get staff together as soon as possible to come up with numbers as they are looking at unknown hauling costs, unknown treatment cost, etc. APR 2 0 1989 13 "C)K 76 FAG% 669 APR 2 0 1989 BOOK. [AA 670 City Utility Director Hillman Goff confirmed that they are not sure just what the County's intents are on accepting sludge, whether digested or not. Director Pinto advised that the County is looking into the numbers, and we are talking about unstabilized raw sludge. City Manager Little commented that the City belongs to the Florida Innovation Group, and one of the things mentioned lately is that some cities and counties have begun quarterly staff meetings so they can be aware of each other's problems. Administrator Chandler confirmed that he wished to cooperate with the City and keep an open line between the City and County staff. COMMISSIONER SCURLOCK CALLED FOR THE QUESTION on the Motion to give conceptual approval to the proposed agreement, with the changes to be made, and brought back to the Board. IT WAS VOTED ON AND CARRIED 4 to 0 with Commissioner Bird being absent. There being no further business, the meeting adjourned at 10:15 o'clock A.M. ATTEST: Clerk 14 1p Chairman