HomeMy WebLinkAboutAgenda - 09-07-1999 - 10bORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No. jp_
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 7, 1999
SUBJECT: Water and Sewer Management Planning and Boundary Agreement
DEPARTMENT: Planning
ATTACHMENT(S):
"Final" version (4/30/99) of the Water and
Sewer Management Planning and
Boundary Agreement.
Excerpt from 2/11/99 OWASA Minutes
PUBLIC HEARING: (Y/N) No
INFORMATION CONTACT:
Gene Bell
TELEPHONE NUMBERS: - -ext. 2589
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 227-2031
PURPOSE: To receive a report on the work of the Water and Sewer Service Boundary Task Force
and review the "final" version of the Water and Sewer Management Planning and Boundary
Agreement.
BACKGROUND: The elected boards of Orange County, Chapel Hill, Carrboro and Hillsborough
and the appointed Orange Water and Sewer Authority (OWASA) Board of Directors adopted
resolutions in April 1994 to create a Water and Sewer Service Boundary Task Force to develop
water and sewer service boundaries for the County's service providers. Commissioner Moses Carey
served as chair of the Task Force that began meeting in June 1994. In December 1994, the Task
Force issued a preliminary report with a "straw" set of service boundaries, accompanied by a list of
inter-related objectives to be addressed. In 1995, the elected and appointed boards passed
resolutions agreeing at different levels of detail with the initial report, and charged the Task Force to
continue meeting to work through the issues and service boundaries. After almost five years of
diligent work, the Task Force is pleased to present the "final" version of the Water and Sewer
Management Planning and Boundary Agreement.
FINANCIAL IMPACT: None at this time.
RECOMMENDATON(S): The Manager recommends that the Board receive the report for
information only at this time.
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WATER AND SEWER MANAGEMENT= PLAS1~yI1~TG
.AND BOUNDARY AG~tEEMENT
THIS AGREEMENT, made and entered•into this day. of
'.1999,. by and between the COUNTY OF ORANGE, a
political subdivision of the State of North Carolina; the TOWN OF
CARRBORO, the -TOWN OF CHAPEL HILL,'and the TOWN OF
HILLSBOROUGH, municipal corporations duly created and existing under
the laws of North Carolina; and the ORANGE. WATER AND :SEWER
_ AUTHORITY, a public water and sewer authority duly created and existing '
under Chapter 162A, Article 1 of the North Carolina. General Statutes. .
' WITNESSETH: ~ •.
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In consideration of mutual benefits regarding the definition of water and
sewer service boundaries and the management and planning thereof, the
parties to this agreement hereby mutually agree as follows: .
A. Charge, to the Water and Sewer Boundary Task Force
Since the mid 1980's, several attempts to define water and sewer
service boundaries for Orange County and the municipalities of
Chapel Hill, Carrboro and Hillsborough .have been undertaken.
In 1994, a Task Force was formed consisting of elected officials
from. Carrboro, Chapel ITill, Hillsborough and Orange County,
as well ~ as two members of the Orange Water ~ and Sewer
. Authority Board of Directors. The charge to the Water and
' ~ Sewer Service Boundary Task Force is attached as Appendix B., •
B. Purpose of Water and Sewer Boundary Agreement
1. To provide a comprehensive, County wide system of
service areas for future utility development and .
interest areas for dealing with private water and ~ '
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.wastewater system problems in ~ areas without public
water and sewer service.
2. To complement growth management objectives, land use
. plans and annexation plans in existing agreements, such
as the Orange County-Chapel Hill-Carrboro Joint
.Planning Agreement and Joint Planning Area Land. Use
Plan
3. To resolve in advance and preclude future conflicts about
. future service areas and annexation areas.
4. To provide for predictable-long-range water and sewer
capital improvement planning and financing.
5. To provide- for limitations on water and sewer service in
certain areas, as defined.
A. Effective Date of the Agreement
This agreement shall become effective upon execution
by all of the parties and signature by the chief elected or
appointed official..
B. -Term of Agreement
This agreement shall remain in effect for five {5) years from its
execution, and shall be renewable as provided in the following
_ ubsection.
C. ~ Procedure for renewal
At -the end of each five-year term, the agreement shall renew
automatically, unless written notice- is provided of intent to
withdraw as noted in subsection E below.
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D. Procedure for proposing and acting on changes in -
agreement including boundaries
' E.
F.
L Any change to the agreement (including
boundaries) requires approval of all parties to the
agreement.
2. The addition of other parties to this agreement shall be
by consent of the current. parties.
Procedure fore withdrawal from/decision not to renew the
agreement.
1.. A party 'may not withdraw. from the agreement, until it
holds a public hearing on the proposed withdrawal
followed by written notice to the other parties within 30
. ~ days. of the public hearing. The withdrawal shall be ~ .
effective one (1) year following. receipt by the other
parties of the written notice.
2. If a party to the agreement withdraws as provided above,
the agreement remains in effect as to the other parties until
all but one party withdraws in the manner provided for the
in this agreement.
Accountability of Future Parties:
1. Future utility providers that wish to become- parties of
this agreement must be financially and technically
capable of providing water/sewer service to address
public health emergencies or other identified public
facility needs, as defined by the parties of the boundary
agreement. The provider. must .have .adequate system
capacity, technical capability and f nancial assets to
address system. problems within its interest .area without
compromising service to current customers.
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G. Courtesy Review of Development Proposals Within
Service and Interest Areas
The water and sewer providers. that are parties to this
agreement will be provided courtesy review. and the right to
provide written input into utility design 'and the provision of
easements for all new major subdivisions and other residential
and non residential site plan approvals within their service-area
- and interest area. The~party to this agreement with development .
plan review authority shall retain approval authority for all.
development proposals within its planning jurisdiction.-
H. Linkage with the Orange County-Chapel Hi11-Carrboro
Joint Planning Agreement and.. other future agreements
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This agreement shall.. be made part of the Orange County-Chapel
Hill-Carrboro Joint Planning Agreement,. by reference, and to
any future cooperative planning agreements that maybe entered
into among "some or all of the parties. Termination of the Joint
.Planning Agreement or any other cooperative planning .
agreement does not terminate this agreement. Termination of -
this agreement can only be accomplished. as provided in this
. agreement. Similarly, the withdrawal of a party. from the Joint
Plaruung Agreement or from any other cooperative planning
agreement does not constitute withdrawal from this agreement.
Withdrawal from this,agreementcan only be accomplished as
provided. in this agreement.
Primary Service Area: An area where water and/or sewer service is
now provided, or might reasonably be provided in the future, according
to adopted plans {hereinafter referred to.as "service area"~.
2. As per the map to Appendix.A, the. Town of Hillsborough Long-Term Interest Area and Primary Service
Area are combined and for purposes of this agreement is its Primary Service Area.
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OWASA Long-Term Interest Area: An area (as shown on the Water
and Sewer Service Boundary Map, which is Appendix A) within
which public water and/or sewer service is not anticipated to be
made, but if such services are to be provided,. OWASA will be the
responsible utility service provider: Long-Term Interest Areas are not
service: areas, and do not include areas outside of Orange County.
OWASA's Long-Term Interest Area is hereinafter referred to as
OWASA's "interest area."
Orange County Long-Term Interest Area: The areas of Orange
County planning jurisdiction (as shown on the Water and Sewer .
Service ,Boundary Map, which is Appendix A) not part of a Primary
• Service Area or another Long-Term Interest :Area within which public ~ ~.
water and/or sewer service is notanticipated to bemade, but ifsuch .
services are to be provided, Orange County will be responsible for
coordinating the provision of utility service. Long-Term Interest
Areas are not service areas, and do not include areas outside of
Orange County. Orange County's Long-Term Interest Area is
hereinafter referred to as Orange County's "interest area."
Essential Public Facility: Apublicly-owned facility, or a facility
wholly financed by Federal, State or local government. (or a
` combination thereof) that provides a service for the health, safety and
general welfare of County residents (for example, a school, fire
station, public safety substation or solid waste convenience center).
Adverse Public Health Condition: An Adverse Public Health
..Condition exists in the case of a wastewater system(s) when it is (1)
failing,. (2) documented to be failing by the Orange County. Health
Department, and (3) no on-site repair is approvable or recommended
by the Orange County Health. Department; or, in the case of a well
water. supply system, it meets all of the following criteria:..
• the well water supply system is contaminated with
a microbial, chemical or other agent which is
known to cause disease or other serious health
effects;..
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• the well water supply system is not reparable to
the point where the contamination can be
eliminated;
• the water from the well water supply. system is not
treatable prior to withdrawal to the point where the
threat of disease or serious health effects is
eliminated;
• there is no alternate location on-site for a new well
water supply system-which can be permitted under
_ Orange County Health Department regulatory:
criteria in effect at the time of the contamination
_ of an alternative site ~is unacceptable because
widespread existence of contamination or because
• of the potential of contaminant"migration to the
alternate site.
•
A description of these terms and-their application is provided in
Section VI of this Agreement.
Public Water or Public Sewer Service: The provision of water
and/or sewer service by a party to this agreement. This definition
does not include consulting services and/or technical: assistance
services.
Emergency Water Transfer: Any short term transfer'of raw water
supply or finished drinking water supply from one sexvice provider to
assist another service. provider in meeting water needs during:
a) unanticipated disruptions or emergencies relating to raw or
finished. water supply. -Such disruptions or emergencies may
result from events. including, but not limited to: (i) human
error; ii) equipment or power failure; iii) supply contamination;
Div) major fires, floods, droughts or other disasters; and v)
operations or facility. maintenance activities, or .
• b) periods when temporary, short-term disruption of water
supply or finished water service may occur as a result of
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' ~ planned or unplanned maintenance of major water supply,
pumping, transmission, treatment, or storage facilities.
Non-Emergency Water Transfer: Any transfer from one water
service provider to another water service provider of raw water
supply or finished drinking water supply which is not an emergency
water transfer.
Wastewater Transfer: Any transfer from one wastewater service
provider to another wastewater service provider.
Water and/or Sewer Provider: A municipal corporation, county,
private non-profit water system, or public water and, sewer
authority under the N.C. General Statutes that provides water ~ ~~
and/or sewer service to the public.
A. Service Areas and Interest. Area Boundaries
The service area and interest area. boundaries are as shown in
Appendix A.
B. Adherence to Boundaries
The boundaries on the. map (Appendix A) define- the areas in
which the parties may provide water and sewer service,. and no
party to this agreement -shall extend service beyond the
designated boundaries, except as provided in this agreement
(Sections VLB, VLC, VLD, VLF, VII.A, VII.B, VII.C)3. In no
case shall service be extended beyond the boundaries of orange .
County without the approval of the elected boards which
exercise. planning jurisdiction on either side. of the County
boundary..- Any extension of lines or service into Chatham
County requires. the approval of Orange County, Chapel Hill,
Carrboro and OwASA.
3. Parenthetical phrase to be left in until.agreenrent is adopted
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A. Policy Issues
Planning and growth management issues are influenced by the
. location of water and, sewer. This agreement is not intended to
supersede other land; use agreements made by the local
governments:
B. Procedures for .the provision of service within the Service
Areas and Interest Areas
1. When. water and sewer service provision is required
tb address an adverse public health condition, or to
provide service to an essential public facility, the
...designated provider forthe service area or interest
.area shall have the right of first refusal to provide such
service.
2. Within the service areas and interest areas, the water and '
sewer provider will agree to provide. service, as defined
. in this agreement, as system capacity, financial
resources, and other reasonable utility considerations
allow, and as provided in this agreement.
C. Policy of "first-refusal" .
1. The designated water and sewer provider within
a service area or interest area has first right to
provide service if an adverse public health condition
or essential -public facility service need is established, and
,public water or public sewer service is determined to be
required toaddress the. adverse public health condition.
2. If the designated water and sewer provider declines to
provide service, it must notify the other parties to the
agreement with a statement of rationale. .
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3.: The designated :water and sewer provider. may contract
with another service provider to address the situation, in
the manner prescribed in Section VI of this agreement,
upon consultation with .other jurisdictions. .
4. ~ If no other water and sewer provider is available, Orange
County retains the right to address the adverse public
health condition or essential public facility need in the .
manner prescribed in Section VI of this agreement.
D. Other Extension and Management Responsibilities
• 1. Reserved ~ -
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A. Prohibitions and Limitations on Extension Into Interest Areas -
. The development of land within interest areas is not projected to .
occur at urban densities, and therefore, public water and sewer service
shall be prohibited in these areas, except as provided in this
_ - agreement {Section VLB, VLC, VI.D, VLF, VILA, VILB, VII.C}3.
Individual on-site and smalUcommunity-scale alternative water
supply and wastewater treatment systems -not physically connected to
central systems will be the primary methods of meeting the water and
sewer ervice needs of existing and future development.
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B. -Adverse Public Health Conditions
An exception to the prohibition of public water and sewer service in
.interest areas maybe made to allow he extension of lines in the event
the Orange County. Health Deparkment documents an "adverse public .
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An adverse public health condition exists where:.
1. ` In the case of existing wastewater system(s), it meets all of the
following. criteria•
• the wastewater system is failing;
• the wastewater system is documented to be failing .
by the Orange County Health Department;
• there is no on-site repair approvable or
recommended by the Orange County Health
Department.
The following terms used in the criteria above mean: .
Failing Wastewater System: A wastewater system is failing
when sewage or effluent is seeping or dischazging to the
ground surface or to surface waters. A permitted, properly-
functioning non-dischazge wastewater system {e.g., a spray-
irrigation system) and a permitted, properly-functioning
discharge system aze not failing wastewater systems.
Approvable On-Site Repair: An approvable on-site wastewater
system repair that can be completed ina designated repair area
which is approvable under Orange County Health Department
' regulatory soiUsite criteria in effect at the time of the needed
repair..
Recommended On-Site Rem A recommended on-site repair-
- is one that is not an approvable on-site repair, but is one that in
the best professional judgement of the Orange County Health
Department will reasonably enable the system to function-
properly. Arecommended on-site repair may incorporate
engineered design (a design certified by an engineer to
overcome all soiUsite limitations. in-the particular situation),.
site or system modification, flow reduction or other measures
calculated to improve functionality of the system.
2. In the case of an existing well water supply system(s), it meets
all of the following criteria:
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• ~. the well water supply.system is contaminated with •
• a microbial, chemical or other agent which is
known to cause disease or other serious health
effects;
- • the well water supply system is not reparable to
the point where-the contamination can be
eliminated;
the water from the well water supply system is not
treatable prior to withdrawal to the point where the.
threat of disease or serious healtheffects is
• eliminated;..
,.
• there is no alternate location on-site for a new well
water supply system which can be permitted under
. Orange. County Health Department regulatory
criteria in effect at the time of~the contamination
or an alternative site is unacceptable because
widespread existence of contamination or because
of the potential of contaminant migration to the
alternate site. .
• The following terms used in the criteria above mean:
Well: A well is any excavation that is cored, bored,
. drilled, j etted, dug or otherwise constructed for the
.purpose of locating, testing, developing, .draining or
recharging any ground water reserves or aquifer, or that
may control, divert, or otherwise control the movement
of water from or into any aquifer..
Well Water Sunny S,, sum: A well water. supply system
• is any. well that is intended for use or is usable as a
source of water supply for domestic use (including
household purposes, farm livestock, or gardens) -and the
pump and pipe used in connection with or pertaining-
thereto, including well pumps, distribution pipes,
plumbing pipes, tanks, fittings, .and water. treatment
devices.
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3. The Orange. County Health Department makes the
determination when an adverse public health condition exists,
and will make. a recommendation on the appropriate remedy to
the .governmental entity(ies) in the appropriate interest area.
_ The final decision to use .any particular .means or tool for
rectifying. any ,particular adverse. public health .condition
remains, through zoning regulations or other land use
. ordinances, with the governmental:. entity or entities having
zoning or planning jurisdiction over the .area where the adverse
public health condition, exists. In the Orange County-Chapel
Hill-Carrboro Joint Planning Area, the. Joint Development
Review Areas shall be used to .determine which of the JPA
parties. shall jointly decide on the appropriate means or tool for
rectifying an adverse public. health condition. Public water or
public sewer lines extended to provide service to an adverse
public health condition or essential: public facility cannot be
used for other. purposes or other parties, except to remedy
another adverse public health .condition..
C. Siziag of Lines Extended Into Interest Areas
-The extension of public water or public sewer lines into an
interest area shall be sized so as only to serve the intended use,
as defined in this agreement. However, in the case of a public
water line extension, provisions shall be made to address
adequate line sizing for pressure and volume considerations.
D. Controlling Access to Lines In Interest Areas
Public water or public sewer lines extended to provide. service
to an adverse public`health condition.or essential public facility
cannot, be used for other purposes or other parties, except to
remedy another adverse public health condition.
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E. Siting of Essential Public Facilities Within Interest Areas
The location of some essential public facilities, particularly .
schools, requires special consideration for access to public
water and sewer lines.
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Where possible, schools shall be sited in a manner that
promotes the efficient use of existing water and sewer service.
Preferably, a set of criteria governing such situations would be
developed based on consultations between the appropriate
school boards and the elected officials of affected jurisdictions,
and applied. as necessary.
. Publicly-owned facilities other than a public school shall be
located in a manner that promotes the orderly provision of
_ water and sewer service. The preferred method of connection is
to lines that already exist, or in a manner that would minimize
the need to extend existing lines.
F. Water and Sewer Service Into/Out of Orange County
• Recognizing the -land use implications of public water and
public sewer service in adjacent ..counties on .jurisdictions
within Orange ..County, water and sewer service of any. of the
service providers that are. parties to this agreement shall not be
extended outside of the. boundaries of Orange County without
the approval- of the elected boards which :exercise planning
. ~ jurisdiction on either side of the County boundary. Any _
extension of lines or service into Chatham County requires .the
approval of Orange County, Chapel Hill, Carrboro and OWASA.
This approval is not required .when water ..and sewer service is
required as a condition of .annexation by. the towns of Chapel
..Hill. or Carrboro.
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Emergency Water .`Transfers
Emergency water transfers are. transfers that:
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Are made for s~iort-term duration. For the purpose of this
Agreement, short-term duration shall be reviewed at 30
days, 60 days and 90 days, with subsequent 90-day
intervals up to one year, as per the following process:
a. After 30;days duration, a memo from the chief
administrative officials of the service providers.
will be sent to the managers of the jurisdictions
that are parties to this Agreement. The memo-shall
document the emergency, steps being taken to
address the situation, and notify the managers of
the potential for a longer period of the emergency
water transfer.
b. At 60 days, the service provider sending the water
• .shall notify itselected board (or,`in the case of
OWA$A, the member government elected boards)
on the status of the emergency and provide
opportunity for the boards to review and comment
on the situation. The receiving provider shall
provide similar information.
c. Between 60 days and 90 days from inception of
transfer, the elected boards which exercise ~~
planning jurisdiction on either side of the
boundary in which the service is provided sha_ .ll
review and approve or not approve the
continuation of the transfer beyond 90 days.: If _
continuation of the transfer is approved, it may
continue for an additiona190-day period.
Approval shall be required for eachsubsequent
90-day period, with a maximum emergency water
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..transfer duration of 365 days from inception. Lack
. of action by the elected boards as provided in this
subsection constitutes approval for the subsequent
. 90-day period.
d. At the 30-day point, the service provider shall
determine that adequate water and other resources
and facility capacities are available to support the
extended emergency transfer without adversely
affecting the quality and quantity of water supply
and services to customers within its service area, .
'and without adversely affecting environmental
quality within its service area;
AND
2. Are' not intended to provide raw or finished water supply
necessary to support new growth and development
.within the service area of the service provider receiving
the transfer. Neither party shall; in planning for future
growth and: associated increases in water supply needs,
rely uponwater from-the. other party supplied under.this
agreement to serve such growth.
a: A service provider experiencing a water
emergency and. receiving emergency water
transfers must agree to act expeditiously and
adequately to mitigate and remove the causes of
the emergency conditions.
B. Non-Emergency Water Transfers
Non-emergency water transfers are only permitted with the
approval of the Orange County Board of Commissioners and
the elected dr appointed boards of the service providers
providing the transfer. If OWASA is the service provider,
approval must come from the OWASA Board of Directors and
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the .elected boards of Canrboro, .Chapel. Hill and Prange
County. .
C. Wastewater Transfers . .
Wastewater transfers are only permitted with the approval of
the Orange County Board of Commissioners and the elected or
appointed boards of the service providersproviding the
.transfer. If OWASA is the service provider, approval must
come. from the OWASA Board of Directors -and the elected
..boards of Carrboro, Chapel Hi11 and Orange County.
A. Linkages. fo Other Agreements
• }
There are a number ofexisting-agreements"among the parties to
this agreement that are relevant to the management and
planning of public water and sewer service. In addition, this
agreement and those listed below should all be read together.
Where inconsistencies exist, this agreement shall•control.
.Included .among these relevant agreements with linkages are:
• Hillsborough-Durham Service Area Agreement
• OWASA-Durham Service Agreement
• ~ Eno River Capacity Use Agreement
• .Hillsborough/Orange-Alamance Water Systems
Agreement
• OWASA-Hillsborough Service Agreement
• OWASA-Hillsborough Bulk Water Transfer Agreement
• Chapel Hill-Durham Annexation Agreement
• Mutual Aid Agreement
• Jordan Lake Allocations from NC DEHNR
• OWASA Agreements of Purchase and Sale between 1)
OWASA and Carrboro, 2) OWASA and Chapel Hill, and
3) OWASA and UNC
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TffiS AGREEMENT ENTERED INTO THIS DAY OF
,1999.
Chair, Qrange County. Board of Commissioners
Attest:
Clerk to the Orange County Board of Commissioners '
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Oroagc Water aad Sctivcr Autitocity
February II,1999
rage Iz
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ITEM TWENTY:. -WATER AND SEWER MANAGEMENT PLANNING. AND BOUNDARY
AGREEMENT
Daa VanderMeer said he requested Patrick Davis to bring the: Board ap-to-date on the
Water aad Sewer Management, Planaiag, and Boundary Agreement, aad that he requested Ed
Kerwia~and Robert Epting to advise the Board what the unresolved issues are.
Mr. VanderMeer said that Robert Eptiag provided to the Board of Directors is his January
25,1999 letter his opinion and concern that certain grovisioas o[ the present draft dated October Z8,
1998 of the Service Area Boundary Agreement coaIIict with OWASA's duties tender the Agreeraeats
of Sale aad Purchase that were eaterod into separately with The University of North Carolina at
Chapel H'tli ,the Town of Chapel S`il[, aad the ToRra of Carrboro.
Patrick Davis said he eoauneaeed attending the Water aad Sewer Boundary Task Force
Meetings is 1994. Inlttalip there were. concerns about. how water aad sewer atitities woald 6e
managed in order to be compatible with Local iced use planning growth management objectives, how
assiguateats woald 6e made regarding respcasibi[ities for providing services la :teas throughoat
Orange Countywhere it woald be appropriate aad desu~ble to provide ptzb[ic water xad sewer
services oc, is the event of stn anfortaaate eaviroameatat or pubTCC health problem, those services
might be needed to be extended ender careful controls.
Mr. Davis said the Water and'SeNrer Boundary Task-Force discussed the issae of where
retat~water aad sewer attTity services should be extended utd where they, shouldn't be extended.
That resalted la coaseaisas oa primacy utility service areas aad toagterm interest areas.. Patrick
Davis referred the Board to the map oa Appeadiz A eatit[ed "Proposed Public Water/Scwer Service
Boundaries Subject to Addition of Other IIti4'ties/I,ocalities." The map facades the Tows of
Ht'ilsborough's extraterritorial planning jurisdiction, corporate limits, and what was ideatiGed in the
Town of Hillsborough's long-range sewer play as as alternate build-out of its sewer service siren.
The southern part of the Tows of Ei'illsborough's projected service area. would coincide with the
aorthera boundary oC the rural bulYer that is ideatiCccd is the Joint Laad Use Plaa behveea Orange
County, the Town of Chaps Hill, and the Toms of Cacrboro. Mr. Davis said st roacern from the
oatsct was obtaiaiag the Town of Hillsborough's commitment not to provide sewer service into the
rural butlcc aad into critical water supply watersheds.. TEtat commitment .from the Toga of
Hilisborougit was rcxcivcd early in the discussions sad one significant obstacle was overcome
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Mr. Davis said there ~verc subsequent discussions about coastcaiats and language that ~vouid
make it clear that OWASA was committed to not providing retail services in access beyond the urban
transition areas for the Chapel I~Iii[-Carrboro community. Tltc [3oard aad staff ~vcre is agreement
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,. Orange Water and Sewer Authority
" February 11,1999
Page 13
that there are community benefits in havtpg reasonable controls on the extension ofOWASA's retail
water and sewer lines and services within the southeastern part of Orange County and the urban
growth area for the Chapel Hill-Carrboro community.
Mr. Davis said there was consensus from the local government representatives on the Water
and Sewer Boundary Task Force (Town of Carrborq Town of Chapel Hill, Town of Hillsborough,
and Orange County) that by putting nay type~of constraint on the provision o[ public water and
sewer-utilities In areas outside of the urban service areas that•the only alternative for providing water
and sewer services to new growth and development Is by using alternative type systems. Patrick
Davis said alternative type systems are Individual wells, private cemmunity water systems, individual
septic systems, or small~cale community-type wastewater systems. The .local government
representatives recognized and acknowledged that would be the preferred alternative approach in
the outtyiag,areas. T
Mr. Davis said corresponding with the dedsioa that the decentralized-type systems in the
ncral buffer and in the water supply watersheds would be the appropriate apgroach they brought up
the issue of-what happens In the event the alternative type.systems fail and public utilities need to be
ertended to correct a failing wastewater system or water supply weds that contain contaminants that.
- needs an alternative which might, In fact, need to be public water.. Patrick Davis said in situations
that are clearly determined to be emergency in nature, carefully designed,, carefully located and
controlled public utilities in-the sensitive .areas - rural buffer and water supply watersheds -could
under certain limited situations. be acceptable. Mr. Davis said the .agreement spells out same
situations In which public uh'tity eztensions might be appropriate In areas that would normalcy, not be'
considered appropriate for public utilities.
Mr. Davis said some of the areas where there has not been consensus have to do primarily
with dealing with the intergovernmental. agreecnedts concerning wholesale transfer of .water or
cooperative agreements regarding wastewater service cad wastewater treatment~aad particularly in
.those Instances where it is beyond the Orange County :boundaries. Patrick Davis said those-areas
have significant long-term implications not just from a land ase planning and growth ~naaagement
standpoint in OWASA's service area Ia Ocaage .County as a whole but. there is also sigai~caat
implication from a water and sewer utdity provision standpoint -reliability, quality of service,
economy o[ service, and the provision o[ the backbone infrastructare seeded to meet the planned
increases in water and sewer demands that come with the cemmunity's growth and:devetopment in
accordance with the adopted land use plans.
Mr. Davis said -that he and Barry Jacobs represented the Board on the Water and Sewer
Boundary Task Force. and they made It clear their op'tnioas were their own and that the full OWA.SA.
Board of Directors wilt state its opinion at the appropriate time. • .
Mr. Davis said the draft agreement is getting doses to a final .agreement.- Two meetings have
been scheduled for March 1999 with the hope that the Water and Sewer Boundary Task Force wgl
conclude its discussions and present a final. agreement similar in version and content to the draft
February Z, 1999 Water and Sewer Management, Planning and Boundary Agreement. Patrick Davis
said there would be some provisions in the' agreement that well not have consensus support of all the
participants on the Task Force.
Mr. Davis said the Initial issue of a common boundary agreement with the .Town o[
Hillsborough has not been formalized. There arc some provisions in the draft agreement that the
representatives of the Tows of Hillsborough said they could not cad would not agree to. Patrick
Davis said -that the elected representatives and staff of the Town of Hillsborough stopped attending
the Water and Sewer Boundary Task Force meetings and, therefore, there is concern about the Town
of Hillsborough's commitment to the agreement.
2.~
(Q.~S
~~ ~~"µ .Orange Water and SeFVCr Authority
'' February 11,1999
Page 14
Dan VandcrMeer requested that the ~oints made in Robert Epting's January 25, 1999 letter
be discussed at the February 25,1999 Board' of Directors Meeting.
William Strom said at some point .the Board should tack aboat significant issues such as
whether or not permission is needed from the constituent governments to provide retail services
outside Orange County. Mr. Strom said it is his opinion that fhe Board should put itself in a position
to sign the Water and Sewer Management, Planning and Boundary Agreement.
Dai YanderMeer said if the Town of H~lsboroigh is not participating them the whole
process does not seem to make a lof of sense Why would there be a boundary agreement if it only
applies to OWASA? Why is OWASA involved if the Town of Hillsborough is not participating?
Peter Gordon said in his recent conversations with as elected official and a member of the
Task Force Committee, he got. the impt~essioa that if the Town of Hillsborough wilt not sign the
Water and Sewer Management, Planning aad Boundary Agreement that there was not as
ezpectation that OWASA would sign either.. Dr. Gordon said his issues are:
^~ i
..
1. Is the Town of Hillsborough in or out and what does that mean?
2. Ed Holland's February S, 1999 memorandum states "Current wording could: be
construed to .prohibit constriction of a raw water main from Jordan. Lake without
approval by aA these bodies." This should be addressed and. clarified.
3.. With regard to: the rural buffer is the watershed, the agreement Is outstanding. Orange
County's willingness to • have the Orange County Health Department determine the
ezistence of an "adverse public health condition" lets OWASA off, the hook. The Board
of Directors should make it clear that it is appreciated.
4. There are potential issues of elliciency regarding emergency water transfers vs.
noiemergency water transfers particularly at the wholesale level "
5. Permission for extending retail service into Chatham County.
• Patrick Davis. asked if the Board agrees with the concept o[ a formalized service area
boundary agreement that would define retail service area establishment for OWASA. Mr. Davis said
. in past discussions there has been agreement that is a reasonable expectation of OWASA and would
be a good demonstration of OWASA's commitment to work in partnership with the local
governments. Patrick Davis said the concept of a retail service area boundary is one that OWASA
has supported In the past and Mr. Davis suggested. that O WASA continue to support it.
Mr. Davis said. if OWASA is looking for the Town of Hillsborough's commitment at'the
same time the Town of Hillsborough" is looking for OWASA's commitment in a service area
boundary, then that Is a key cornerstone: What does it mean to OWASA li the Town of Hillsborough
is not part of the Water and Sewer Management, PLaaaing aad Boundary Agreement? Patrick Davis
• said there are iacoasisteat provisions that are. applicable to the Town of Hillsborough aad their
abt~ity to .enter into .intergovernmental agreements on retail aad wholesale service vs. O WA,SA's
totally different provisions. Mr. Davis said part of what the agreement is doing is trying to get local
. elected board control formalized over OWASA's ability to eztend services and to eater .into
wholesale agreements. It does have significant iti[ity ramifications.
Patrick Davis said he heard some representatives on the Water and Sewer Task Force
specifccally state that they wanted veto aithority over any project in which OWASA might build a
raw water transmission main solely to pump water from Jordan Lake up to OWASA's service area
and the representatives Ccit that was a significant growth.rclated issue.
tVilliam Strom. said there has been discussion aboat coocdinating regional policies. The
issue of OWASA's relationship vrith the Town of Hillsborough is often overlooked but has the most
potential in the short- and medium-term to impact OWASA. OWASA should be at the table
negotiating an agreement that OWASA is comfortable with in its service arcs and lead. by example.
. _ `O ~ Z19
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February 11,1999 -
Page 15 .
William Strom said he dos not understand why the Town of Hillsborough is not required to get
approvals when OWASA is required to get approvals. Mr. Strom said the agreement is important
enough to move toward signing it and hope that the Town of Hillsborough can be convinced to join.
Peter Gordon said it does not make sense for OWASA to sign the agreement if the Town of
Hillsborough does not sign it. Dr. Gordon said exactly the same provisions should not apply to both
OWASA and the Town oC Hillsborough. OWASA's long-term interest area should be recognized by
the Town of Hillsborough .and,. iC not, Peter Gordon said he wonders about the .value of the
agreement.
Bernadette Pelissier asked if the Town of Hillsborough definitively said they would. -not sign
the agreement and Ms. Pelissier also asked whaf their objections are. It is probably related to the
fact that the'Town of Hillsborough does not have. a joint planning agreement and that the Town of
' Carrboro, Town of Chapel Hitl, and Orange County do have joint planning agreementr. Yf OWASA
does not sign the agreement, it will not help the larger. issue of the Town of Hillsborough's lack of
participation.
Patrick Davis said if the Town o[ Hillsborough is not a party to the agreement, there is a
significant hole that relates to the 'entegrity of the rural buffer concept that could present a problem
in terms oC the joint planning agreement. Mr. Davis. said it is his opinion that if the Town of
Hillsborough decides not fo participate in the agreement then that. is sufficient reason for OWASA
-not to participate in an agreement of this nature that is designed to formalize OWASA's retail
service eztension policies relative to the land use planning effortr of joint planning parties. Patrick'
Davis said the Town of Hillsborough's interest is to have a common boundary line established which
they reviewed .some time ago. 'The agreement. has expanded at this point .and the Town of
Hillsborough has not expressed much .interest. Mr. Davis said sta[f of the Town o[ Hillsborough said
they would be inclined to recommend that the Town o[ Hillsborough not sign the agreement the way
it has been structured. The Town of HiIlsborough's specific concerns have not been formalized in
.writing. Patrick Davis-said there is strong benefit for OWASA to .formalize itr commitment to be
rnoperative with the local governments in its service area.
Alan Rimer said his concern is that a neighboring community may choose to extend services
into an area that the group .believes should not be served. There is precedent for that in the past.
Mr. Rimer said he is concerned that the Town of Hillsborough is not at the table and they may have
designs on the rural huller where OWASA cannot extend service. Mr. Rimer-said he would like
assurances that wilt not.happen and. the agreement should be tailored accordingly.: OWASA should
strive to Gnd a way .to work towards a consensus and make it an agreement that the Town of
Hillsborough will sign. Alan Rimer said it is critical that the Town of Hillsborough comes -back to the
table in order for it to be a working agreement. '
William- Strom said OWASA can only be responsible for itr own actions and .there are
significant ben~tr for OWASA to sign the agreement. Mr. Strom said it behooves OWASA to
support the rural bullet, to support the agreement, and to support OWASA's constituent
governmentr by indicating willingness to sign the agreement.
Susannah Holloway asked iC the agreements could 6e .bifurcated. For instance,. an
agreement with the Town of Hillsborough regarding the boundary and an agreement for al[ the other
items. Patrick Davis said inprevious years that he and Barry Jacobs proposed a phase I service area
boundary agreement with the. Town oC Hillsborough because the Task Force had a commitment for
agreement on the boundary line. The Task Force overruled it .because the majority of the members
wanted to tackle ail tiw issues together.
t'~'iiliam Stroni said tiic Ucccmbcr 14, 1994 document [tom Moses Carey niakcs approval oC
the boundaries contingent upon the subsequent agreements. Patrick Davis said that was the Task
* 14.27
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,; Orange Water and Scwcr Authority
February 11,1999
Page 16
Force's decision at that time and that is whf the Task Force is stiff! considering proposals in February
1999 that havebeen on thetable for the last four years.
Peter Gordon said it -has been his assumption that the Board's charge is to follow the land
use plans of the appointing governments. Dr. Gordon said there is immense value in the Town oC
Hillsborough recognizing theaouthern boundary. .
William Strom said the Town of Hillsborough should be engaged in the discussions. An
important issue is the southern service boundary for the Town oC HiIlsborough but it is not nearly as
important as equity issues, such as the Town of Hillsborough can do something that OWASA can't.
Mr. Strom said that lays the groundwork [or negotiation.
Dan-VanderMeer said if the agreement becomes an agreement between OWASA and the
three elected governments that it has the effect of limiting OWASA's ability to serve as an
independent authority. Mr. VanderMeer said he would be reluctant to tie the hands of future Board
of Directors by signing an agreement that would extend in perpetuity an arrangement that may not .
anticipate things that will happen in the: future. It becomes a viable limitation on~OWASA's ability
to do business. Dan VanderMeer said the Board of Directors- is appointed to. OWASA to help
provide guidance on major and minor policy matters to OWASA. If every time a major issue arises
and the Board needs the concurrence of the three elected bodies to do what OWASA believes is in the.
best interest of OWASA, then why .have a Board of Directors. Why not turn over that responsibility
to the elected officials and do away with the O WASA Board of Directors. .
Mr. VanderMeer said he is ,not opposed to entering into some kind of declaration of
principles that reIIect the hard ~cvork that went into the development of the agreement and recognizes
OWASA's commitment to joint planning and protection of the environment on which OWASA has
an impact. Dan VanderMeer said without the. TO{Yn of Hillsborough becoming a signatory to a
boundary agreement that he is not convinced OWASA ought to enter into the agreement. OWASA
would be willing to separate the t~vo issues and go forward with a general statement of principles that
says "This Board and OWASA are committed to working within the joint planning principles."
Patrick Davis said in response to Dan VaaderMeer's concept of a declaration of principles,
that was done in 1989 is the form of a formally adopted Memorandum of Understanding among the
Town of Carcboro, Town of Chape! Iiili, Orange County, and OWASA. OWASA's coinunitment to
be compatible and consistent with the land use plans and growth management policies was clearly
stated and established a good, solid foundation.
Mr. Davis said he has concerns with the draft Water and Sewer Management, Planning and
Boundary Agreement the way it is structured and how it relates to OWASA's responsibilities as a
Board.
Robert Epting said there is also the impact. that would result from the withdrawal of any of
the elected bodies from the Joint Planning Agreement. Mr. Epting said withdrawal of any of the
elected bodies from the. Joint Planning Agreement would dissolve -that agreement. if the Joint
Planning Agrcement were dissolved, then the Water and. Sewer Management, Planning: and
Boundary Agreement would also be dissolved. Robert Epting said this impact is being discussed.
Dan VandcrMcer said the next item for discussion is whether OWASA would need the
approval of the thccc governments to withdraw water from Jordan Lake. Peter Gordon said
providing retail services should have oversight. Acquiring resources to serve citizens that OWASA is
charged to scree is an issue for the Board oC Directors. Dr. Gordon said in his conversation with an
elected official, there was basic agreement regarding Jordan Lake.
Patrick Davis said that if, in the future, OWASA determines it necessary to withdraw water
Tram Jordan L.akc and one of flit member governments is under tltc opinion that such an
~0, 2~.
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'~ O'range Water-and Se«cr AutLority
Februaryl1,1999
Page Y7 ;~
undertaking is inappropriate, the way the agreement is structured any one jurisdiction would have
veto authority over that decision. The remainder of OWASA's service area would be adversely
affected, OWASA's obligations under the Sale aad Purchase Agreements would be adversely
affected, as well as OWASA's ability to provide service. Patrick Davis said he has stated oa
numerous occasions that he could not support any agreement that restricted OWASA's ability to do
that because that is a responsibility of the Board of Directors.
Dan VanderMeer asked If the Board is iin agreement with the proposal that if an adverse
public health condition Is declared by someone else, it would trigger whether or not OWASA could
extend lines during emergencies. Peter Gordon said he Is In favor of that because there. will be clear
tines of authority and Orange County citizens will know with whom to speak.
William Strom said the agreement defcnes and proposes a series of remedies for septic
system problems and creates an opportunity for remediation, openness, and eliminates citizens' fear.
It makes tradeoffs aad compromises In other areas worth doing.
Daa VanderMeer said the next item for discussion is interuti'lity water transfers that ties to
the question of emergency transfers. Sow long is an ecnergeacy transfer an emergency transfer?
What are the limitations, if any, on OWASA's ability to enter Into iaterutility, transfer agreements?
Alan Rimer said he does not believe it IS the local governments' responsibility to deliberate what is
and what is not an emergency and. he could not advocate the emergency water transfers as it is~
currently written in the agreement. Mr. Rimer said that decision should rest with the Executive
Director.
Patrick Davis said about two years ago the emergency water transfers were structured so
there would be a six-month notification. The emergency could be one-year duration which is when
local government check-in ~rould occur. Mr. Davis said there was a majority agreement oa that by
the Task Force with the exception of one member.. One member reopened this topic and three of the
seven Task Force members voted against what has been presented. is the corrected February 2, I999
draft agreement. •
Peter Gordon asked what is an emergency. To some degree it Is a technical,-hard call and
one that is better Left out of a political context. On the other hand, some emergencies reflect bad ,
planning. Dr. Gordon said. this issue is related to whether the capital investment of the community
should be present as a safeguard for communities that have allowed or promoted growth without
capital investments to assure that its citizens receive basic services.
Patrick Davis said since the late 1960'x, the community depended upon the emergency
transfer of water from the-City of Durham and the Town of Hillsborough for two decades.. The
community was trying to pursue development, the Cane Creek Reservoir had regulatory delays and
lawsuits, a moratorium was never imposed oa growth,. orderly development was allowed to occur,
and agreements were executed that allowed OWASA to meet those needs until the Cane Creek
Reservoir was on line. Mr. Davis- said he understood the local governrneats' perspective and a six-
- month check in and the ability to revie`v and approve the transfer of water was reasonable but not as
stated in the agreement.
William Strom said he agrees with Patrick .Davis and Peter Gordon. Mr. Strom said the.
relevant part is stated on page 16 of the corrected draft agreement which states that these transfers
"Are not intended.to provide raw or finished seater supply necessary'to support new growth and
development within the service area of the service provider receiving the transfer." Given that these
decisions arc both. health and political, tUerc is a point where there should be a check in and the
constituent governments have every right to want that check in.
.Robert Epting said the draft corrected agreement statbs that "Between 60 days and 90 days
from inception oC transfer, the elected boards which exercise planning jurisdiction on either side of
-?8
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Qraage Water and Sewer Authority
February 111,1999
Fage I8
the 6ound~ry in which the service is provided shall review and approve or .not approve the
coatinuatio~t of the transfer beyond 90 days. IC continuation oC the transfer is approved, it may
continue [oK as additional 90-day period. Approval shall be required for each subsequent 90-day
period, wit a maximum emergency water transfer duration of 365_ days from inception. Lack oC
action by a elected boards as provided is this subsection constitutes approves[ for the subsequent
90-0ay per~od." Mr. Epting said that veto element ought to be troublesome to each of the elected
boards as v~ell as to the OWA.SA Board.
Daft VaaderMeer said the nett Item for discussion is noaemergeacy iaterutiitty water
transfers aptd Mr. VaaderMeer suggested that it be Iinked to the provision of water Into Chatham
County by ~WASA. •
Petjeer Gordon said he suggests not linking nonemergeacy interutility water transfers to
eztensioa o~service into Chatham County. Dr. Gordon said he would distinguish wholesale vs. retail
service. Mc1. VanderMeer said the retail issue would be discussed.
Wi~iiam Stromsaid he is comfortable with the language in the draft-corrected agreement as
it stands. QWASA exists to provide service to southern Orange County, the Town oC Carrboro, and
the Town o~ Chapel 13it1. If OWA,SA is going to ezpand Its retail area .the constituent governments
would have is say and Mr. Strom said he is comfortable with that arrangement.
Patjrick Davis said OWASA has Sale and Purchase Agreements with The University oCNorth
Carolina at'', Chapel 13'iil, the Tows of Carrboro, and the Town of Chapel H'iIl and each has specific
obligations. ~n each of the Agreements. Mr. Davis said the Agreements states that OWASA must.
provide Its hest effort to extend service into those areas that the Town of Carrboro and the Town of
Chapel ffil ianaex, and to also support its order[ygrowth and development plans.
Mr Davis said if a member government wanted to annex into a certain area, any one of the
parties to ~he Sale and-Purchase Agreements could veto the proposed annexation wader the draft
agreement. f OWASA's ability to ertend service would then be constrained by one of the other two
member govvernmeats and OWA,SA's ability. to meet its obligations under fhe Sale and Purchase
Agreements would be hindered. Patrick Davis said If the three member governments decide that this
was appropriate and desirable, could this agreement 6e a supplemental cmderstand'tng . or
clarification of the Sale:and •Purchase .Agreements that would supersede the pcevions Sale .and
Purchase eats' •provisioas or obligatioas..that OWASA has. Mr. Davis .said he ..•is
uacemfotta le with language that would give any jurisdiction or member government veto power
over anothek member government's decision
Wtl~iam Strom • said In•the Interest of getting OWASA into a position to sign the agreement,
as approach is to Include a provision that should there be annezatioa that OWASA is obligated to
serve that a~tnexatioa. .
Rot~ert Epttag said he has spoken to the Chapel H'i(1 Town Attorney about Wi[[iam Strom's
comment acid it could be .resolved in that way or by way of an annexation. boundary agreement
between the' Town of Carrboro and the Town of Chapel Hi[L Mr. l,pfiag said flat if the Towns'
latent by la~tguage In the boundary agreement is to amend the Sale and Purchase Agreements and
OWASA's #esponsibility wader those agreements, they there should 6e a provision stating that.
OWASA is constrained in every direction Ia terms o[ annexation.
Wiliam Strom said in Ute absence o[ annexation, the -Board should diseuss new turf in
northern CtKatham County regarding a new service area, and it would be appropriate Cor the three
constituent governments to agree to that.
I'et~r Gordon said he would be pleased to take to the Task Force the suggestions Cor .
amending tic language in the Agreement to the effect that approval would not be needed if the
2 ~a
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-, Orange Water and Sewer Authority
February 11,1999
Page 19
Towns annex land and OWASA serving that annexation. Regarding whether OWASA should have
the authority to acquire retail .customers in Chatham County, that is power that OWASA does not
need. Dr. Gordon said it is politically wrong for customers pot to have a say on appointments to the
OWASA Board oC Directors tivhcn the Board is not in a position to reconstitute how members are
appointed,
Patrick Davis said it is important to point out that the comments the Board made relative to
the retail service provision particularly in Chatham County dearly stated there is no intention on
OWASA's part to unilateraIIy make a derision: Mr. Davis said the Board's concerns have been
related to annexation -and orderly growth' and development of the two municipalities with whom
OWASA has Sale and Purchase Agreements..
- T
Susannah Holloway said that as Robert Epting pointed out in his January Z5,19991etter, the
annexation issue would not help the problem with The University of North Carolina at chapel Hill
(The University). The University is a party to the Sate and Purchase Agreements and yet they are
not part of the boundary agreement. Ms. Holloway said. The University's rights might be affected by
the boundary agreement,: Susannah Holloway asked if there was a way to have The University
represented in the boundary~agreement.
Peter Gordon said he would be concerned if the Sale and Purchase Agreements with The
University could be construed to. say that if The University derided to build a campus. in Chatham
County that OWASA would have to serve them.
Robert Epting said there isn't any question that the Sale and Purchase Agreements with The
University says exactly that.; Mr. Epting said the obligation of OWASA is to serve the orderly growth
and development of the Town o[ Carrboro, Town of Chapel Hill, and The University. Robert Epting
said that if The University expanded to Chatham County they would first look to Chatham County
for their water. There isn't any reasonable likelihood. that The University would locate in Chatham
County where OWASA water would be cheaper than Chatham County's water or more desirable to
The University than .Chatham County's water. Mr. Epting said OWASA would have to request
Chatham County. for the right. to acquire easements and Chatham .County now has the. right to
disapprove and could prevent OWASA from serving The University should they expand to Chatham
County. Robert Epting said, for practical purposes, it is remote given that OWASA does not have a
way to lay Its pipe in the ground in Chatham County without the permission of the Chatham County
Board of Commissioners and why would ;they give permission when they-could be selling-water to
The University themselves. Mr. Epting said he did not intend to imply that The University's ability
to require that OWASA provide itr service is Chatham County was a serious constraint In the Water
and Sewer Management, planning and Boundary Agreement. Robert Epting said he mentioned-this
matter because he believed It is Important to understand that OWASA was formed foe the purpose of
providing service to The University on the same-terms and conditions as it wasproviding service to
the Town of Carrboro and the Town oC Chapel Hitl and. their growth and development was dearly.
antidpated in 1977.
Patrick Davis said when the Salc and Purchase Agreementr were entered into with the Town
oC Carrboro and the Town of Chapel Hill, Franchise Agreements were also entered Into and it was
agreed that the Town oC Carrboro and the Town of Chapel Hitl would not get into the water and
sewer business. There arc provisions that say that as long as OWASA is able to provide. service to
The University to accommodate growth and development then The University would rely on
OWASA, but in the event that OWASA was constrained then The University had the right to do any
and all things necessary to meet its growth requirements.
Dan VandcrMcer said the next discussion item is the sizing of lines and whether or not tl~e
agreement ought to address line sizing.
gyp. 3~.
Orange Water and Se`vcr Authority
February 11, t999
Page 20
William Strom said the notion aL OWASA extending liars into an interest area to remedy an
adverse public health emergency has'signiGcant impact on potential for sprawl and potential for
making land developable that does not pcrc. Mr. -Strom said his understanding is that the sizing of
[roes is a tool .that attempts to restrict tap-ons and avoids unattended consequences of remedying a
health emergency. William Strom said he is comfortabic with the language in the agreement that the
lines should be sized to address that emergency iC that is passible.
i','atrick Davis said a concern was raised with the Piney Mountain Subdivision project. There
were engineering sizing. requirements and constraints at the. State of North Carolina level that
required the infrastructure to be sized for peaking factors that were mandated by the- State and
would impact this issue. Mr. Davis said the fvay to address it would. be to point out that it is sued to
serve only the intended use but in accordance With the sizing requirements determined by the State.
Patrick Davis said implications should be recognized iC the decision is made to limit capacity.
Mr. Davis said there is also a related issue that has to do with improvements and Imes that
have excess capacity. For example, the Rangewood Subdivision's Corte main had to be 4", the pump
station had to be a certain capacity, and tivhen that is done there is automatically excess capacity
because the pump station .is only pumping a certain number of hours during the day. The agreement
is structured so that if Orange County wanted to locate a school facility or a human resource center
and hook onto the force main to take advantage of the excess capacity, the agreement would prohibit .
that from occurring. An investment already made could not be used more cost-effectively to support
public facility development. Patrick Davis said there. ought to be the ability to use Lines and facilities
that serve public emergencies kn appropriate ways to support essential public facilities. ?
Alan Rimer said OWASA could probabky meet the volume and pressure considerations with
a 4" water Line to serve a community of houses with problems. Fre protection could be provkded if
the size is increased to 6". Mr. Rimer suggested that the beaefitr of fire protection be considered.
- Alan Rimer asked Robert Epting if it is possible to restrict who taps oa to water tines. That gets to
the point of increased facility needs for the public for fire protection but 'prohibktr houses from
connecting.
Robert Epting said the Chapel Hill Town Attorney and the Orange County Attorney have a
frkendty d'uagreemeat oa than point. Orange County by -its .ability. to require building permitr
controls tap-ons. Mc Epting said OWASA could get special authority in that regard if it needed it.
however, many developers could see that as a method for limiting development. Robert Epting said
iC tap-ons are restricted, how can the [fines be afforded Eo serve a few people Fvho are experiencing the
problem if the only way to tuu the (fines is by assessment.
Wi[kiam Strom said in response to sizing the Iiaes to accommodate- fire,. there is an "avoid
sprawl" mentality. It is in the preambles in Orange County's Comprehensive P[aa, Mr. Strom said
that if someone buys a house is the watershed where there is no fire service and the community has a
water emergency, he does. not feel an obligation to provide fire service along with rescuing them from
a water problem. Orange County can restrict building. permits and control zoning, there is turnover
on the various boards and different political will exists. It seems that utility growth takes on a life of
. its o~vn and iC capacity is there, it usually gets used over a period of time.
Patrick Davis sakd once tines are extended to alleviate a public health Hazard, there. should
not be a prohibition on connection oCesscntiak public facilities.
The Board was kn agreement that the foklowing arc the unresolved issues:
i. Is the Town oC Iii[Isborough in or out and what does tliat mean?;
2. Does tlic [3oard agree that O~VASA s[wuld enter into an agreement to dcGnc the retail
service area?;
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Orange Water and Sewer Authority
~ebruary I1, 1999
Page 21
3. Should the Board eater into an agreement unilateraAy that would Iimit OWASA aad not
pat the same limits on potential competitors?;
4. Sizing of the lines into interest areas;
5. Two and one-half (2-1/2) years notice to withdraw from the agreement. (This
requirement has been dropped from the. current draft and only requires none-year
notice before withdrawing from the agreement.);
6. The impact that would result from. the withdrawal of any of the elected bodies froar the
Joint Planning Agreement would dissolve that agreement as well as the Water. aad.
Sewer Management, Planning and Boundary Agreement;
7. Emergenry water transfers vs. nonemergency water transfers particularly at the
wholesale level;
8. Does the approvat of the three governments required for ezteasion of lines into another
jurisdiction apply to the two lines that are solely for the purpose of bringing water into
the established OWASA primary service area?; _
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p`.. ~~
9. OWA$A's tong-term Interest area should be recognized by the Town of HiILsborough;
10. ~,Iaes into another jurisdiction outside Orange County that does- not necessarily have
anything to do with water transfers;
11. Whether or not permission is needed to provide retail services outside Orange County;
12. Prohibiting construction of a -raw water main from Jordan Lake without approval by all
.three bodies.
William Strom said that the nezt Water and Sewer Boundary Committee meeting Is
scheduled for March 4, 1999. Mr. Strom requested that the OWASA representatives on the Task
Force bring back a list of unresolved Issues from the Water aad Sewer Boundary Agreement with the
ezceptioa of whether or not to Include essential public facilities on the rescue lines. William. Strom
also requested that the discussion be continued by the OWASA Board of Directors.
Dan VanderMeer requested that Ed Kerwin arrange to have the Board polled to make sure
there will be a quorum at the February 25,1999 Board of Directors Meeting.
ITEM TWENTY-0NE: CLOSED SESSION
Peter Gordon made a motion that the Board go into Closed Session for the purpose of
discnssiog property acquisition. It was seconded by Alan Rimer, and carried by unanimous vote.
Sce Motion No.10.
There being no further business to properly come before the Board, the meeting was
adjourned at 10:15 P14L
Respectfully, _
OX.Ci ~>~
Joni Gilgor
Clerk to the Board
Encl.
NOTE: Audiotapes and videotapes are available at OWASA for listening andlor viewing.
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