HomeMy WebLinkAbout1997.0508.TCJWSM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE JOINT WORK/STUDY SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL &
FOUNTAIN HILLS SANITARY BOARD
MAY 8, 1997
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:30
P.M., Wednesday, May 8, 1997, in the MCO Properties Conference Room, located at 16838 E. Palisades Blvd.,
Building A, Fountain Hills, Arizona.
Mayor Jerry Miles, Vice Mayor Bill O'Brien and Councilmembers Marianne Wiggishoff, Sid Apps, and Al Poma
were present. Councilmen Pen Mower and Don Lawrence were absent. Also present were Town Manager Paul
Nordin and Town Attorney Bill Farrell.
Members of the Fountain Hills Sanitary Board present were Bert Putterman, Shawn Fleming and Walt Franklin.
Also in attendance was Ron Huber, Plant Supervisor.
AGENDA ITEM #2 - DISCUSSION OF CURRENT AND FUTURE EFFLUENT DISPOSAL PROBLEMS
OF THE FOUNTAIN HILLS SANITARY DISTRICT.
Mayor Miles commented he wanted to clarify the Town's position regarding the subject of the legal effect of a
moratorium by stating that it was not the intention of the Town Council to force a moratorium on sewer connections
upon the Sanitary District but to consider the consequences of the Town's policies with respect to the continuance
of issuing building permits and approving rezone requests. He invited Mr. Huber to inform the Council on the
present and future status of the Sanitary District.
Mr. Huber stated if the numbers presented in the paperwork presented to the Council regarding potential demand
for sewer service were taken strictly with future construction projections, the capacity to create more effluent than
could be discharged was possible. He said the re-use permit issued to the Sanitary District allowed the District a
capacity of 1.45 million gallons per day and until that permit would be amended or an additional course of disposing
effluent was developed, the legal and physical capacity would remain at 1.45 MGD. He explained that the annual
water balance was a calculation based upon rainfall, lake storage, consumptive use and other factors resulting with
as much water use as what was generated. He stated that a significant portion of the effluent distribution system
was owned by MCO Properties and other portions were owned by Sunridge Canyon Golf Course, Eagle Mountain
Golf Course and the Town in their ownership of Fountain Park and Golden Eagle Park.
Mayor Miles asked Mr. Huber what would occur if MCO refused to take on more than the 1.2 MGD of effluent as
defined by their contract with the Sanitary District. Mr. Huber answered that at the present time there was no way
of disposing of the excess. He explained that the Sanitary District had applied for an NPDES permit about one and
a half years ago which would be processed from ADEQ and issued by the EPA. He stated four discharge points
were contained in the application, three of them flowed through the Verde River and one point flowed ultimately
through the Salt River. He said that after a review of the permit,the Indian community at Fort McDowell requested
that none of the discharge points across the reservation be issued. He said the emergency discharge points were
planned in the event of a brake in the pipeline system so that spillage or leakages could be directed to those points
without violation of any federal laws. He said after objections from the tribe at Fort McDowell, the four discharge
points were removed from the WPDES permit application but that negotiations had continued with the Salt River-
Pima Maricopa Indian Community. He stated that the problem with discharging effluent and allowing the water to
flow on the reservation could result in the tribe's issuance of their own water quality standards and the possibility
Minutes of the Work/Study Session of the Town Council
and Fountain Hills Sanitary Board 5/8197
Page 1 of 3
of future litigation. He contended that ultimately he anticipated the Indian community's acceptance within six
months to one year in a mutually-beneficial agreement. Bert Putterman stated the negotiations were positive and
on-going.
Mr. Huber stated that the 8,467 existing residences generated around 1.40 MGD which was slightly under the limit
and could be handled by the Sanitary District. He calculated that an additional 271 houses could result in maximum
effluent output. He pointed out that the effluent flows were about 90% of the influent flows and that in-house water
usage at the new Sanitary Plant could bring the percentage down to 85%. He said the actual annual average of
effluent flow for 1996 was 1.24 MGD.
Gregg Bielli, Vice President for MCO Properties, stated the level of effluent was beyond the 1.2 MGD regardless
of the difference in interpretations of plant capacity. Bert Putterman said the Sanitary District had a good working
relationship with MCO at the present time and that the issue of the difference between the 1.2 MGD and 1.45 MGD
was a financial matter to be negotiated. Mayor Miles stated the Town needed to be kept informed of the status of
the Sanitary District with respect to effluent disposal so the Town could keep current when issuing building permits.
Walt Franklin stated that the growth factor which determined the maximum of effluent produced should be reached
this year and that the Sanitary District might not be in a position to provide hookups to developers of new
subdivisions. Bert Putterman said the present situation was not at a crisis level, and that the Sanitary District had
the capacity to get through the higher-use winter time with negotiations being resolved before a crisis would occur.
Mayor Miles said he wanted the Council to be aware of the present situation and the possibilities for the non-
approval of future building permits while looking at the consequences.
Jim Flynn, MCO Properties, said negotiations were continuing and that the engineering numbers were in the process
of being confirmed with ongoing meetings between Ron Huber and Greg Bielli. He predicted that the effluent
problem this winter could be handled but that there could be a problem with the 1988-89 winter. Councilwoman
Wiggishoff asked what options would be considered that might require Town participation. Mr. Huber said it was
{ too soon to predict options. Walt Franklin stated a large lake could be a very significant solution to winter effluent
fir+ problems. Mr. Huber said a perfect water balance would necessitate the construction of a lake twice the size of
Fountain Lake as a long-term solution.
Councilman Apps said he felt comfortable hearing about the situation at hand and that the Council should be
involved when needed. Councilman O'Brien asked the Town Attorney if the Town would have grounds to deny
building permits based upon the effluent situation. Town Attorney Farrell said the Town would not issue permits
which were not signed off by the Sanitary District. Mr. Huber said he continued to submit that negotiations with
MCO could be worked out and that the problem could be remedied. If not, the Sanitary Board would notify the
Town of the position of the Sanitary District relative to approving subdivision permits.
The Council decided to dispense with the Executive Session.
AGENDA ITEM #3 - ADJOURN WORKSTUDY/CALL SPECIAL SESSION TO ORDER; ROLL CALL.
AGENDA ITEM #4 - PURSUANT TO A.R.S. 38-431.03.a., VOTE TO GO INTO EXECUTIVE SESSION
FOR THE PURPOSE OF DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE
ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY REGARDING THE LEGAL EFFECT OF A
MORATORIUM ON SEWER CONNECTIONS.
AGENDA ITEM #5 - RETURN TO SPECIAL SESSION AND ADJOURNMENT.
Mayor Miles adjourned the meeting at 7:20 p.m.
Minutes of the Work/Study Session of the Town Council
and Fountain Hills Sanitary Board 5/8/97
Page 2 of 3
TOWN OF FOUNTAIN HILLS
By:
J y Miles, or
•
A F1'EST:
Cassie B. Hansen, Town Clerk
PREPARED BY: Cis
Linda D. Lemm n, Administrative Assistant
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session Meeting
held by the Town Council of Fountain Hills on the 8th day of May, 1997. I further certify that the meeting was duly
called and that a quorum was present.
DATED this 5th day of June, /J4424_43
1AJ24t4
Cassie B. Hansen, Town Clerk
Minutes of the Work/Study Session of the Town Council
and Fountain Hills Sanitary Board 5/8/97
Page 3 of 3