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HomeMy WebLinkAboutAgenda - 02-02-1999 - 9fORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 2, 1999 Action Agenda Item # ~~ SUBJECT: County Response to OWASA request for comments relative to its utility extension and assessment position paper DEPARTMENT: County Manager ATTACHMENT(S): (under sepazate cover) County Draft Letter & attachments OWASA Letter & attachments University of North Carolina letter Chapel Hill Letter & attachments PUBLIC HEARING: Yes No BUDGET AMENDMENT: Yes No INFORMATION CONTACT: County Engineer Extension 2303 TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To present for BOCC review, revision and approval a draft letter to OWASA replying to OWASA's request for a County response or reaction to its position paper on utility extension and assessment policy. BACKGROUND: At its May 6, 1998 meeting, the BOCC heazd a presentation by OWASA on utility extension and assessment issues as encapsulated within an official OWASA discussion paper entitled "Assessment Policy Applicable to Water and Sewer Service Extensions into Existing Unserved Neighborhoods". By letter of June 16, 1998, OWASA requested that the BOCC provide OWASA with suggestions and comments relative to that discussion paper. Staff and County Commissioners have been working intermittently to develop a response to OWASA since September 1998. Providing an adequate response to OWASA has been complicated by a number of factors. Primary among these is the fact that Orange County has relatively little direct responsibility in the area of utility extension and assessment policy. The County does have an interest in extension and assessment policy insofaz as the Efland sewer system is concerned. Otherwise, however, its primary interest and role in utility extension policy correlates almost solely with its regulatory responsibilities related to land use and watershed protection issues and strategies. 2 The BOCC has historically been aware of and concerned with: 1) utility extension issues as they relate to potential public health impacts in unsewered urbanized areas; and 2) utility assessment related cost concerns as they apply to affordable housing opportunities in Orange County. Accordingly, the BOCC has encouraged OWASA to work with the Health Department to identify and prioritize azeas within its service azea which might benefit most from extension of public water and/or sewer utilities. Likewise the BOCC has indicated its opinion that OWASA's purchase, sale and service agreements with its primary customers and constituent governments provide adequate flexibility to allow a reasonable sharing of costs among all of those which benefit from public health and water quality protection activities. In general, the BOCC has considered utility extension and assessment policy as a component of a more comprehensive set of utility issues that include growth implications of utility availability, equitable funding of all aspects of utility service and the public health implications of long term use of on-site utility service strategies. County Commissioners have also expressed a concern that OWASA and those entities and citizens served by OWASA may have an incomplete understanding of the County's role in addressing many of these lazger issues. The attached draft letter and its appendices attempt to provide some general guidance to OWASA in regard to its specific utility extension and assessment issues and to provide information on the County's specific role in the lazger set of utility issues, concerns and strategies. RECOMMENDATION: The Administration recommends that the BOCC review the attached draft letter providing input to OWASA, revise the letter as necessary to accurately reflect its convictions, direct staff to make the necessary revisions and authorize the Chair to sign the revised letter on behalf of the BOCC. • • • Orange County Commissioners P. O. Box 8I8I 200 S Cameron Street Hillsborough, NC 27278 Alice M. Gordon, Chair Stephen H. Halkiotis, Vice CChair Margaret W. Brawn Moses Carey, Jr. Barry Jacobs Mr. Daniel ~. VanderMeer, Chair Board of Di$ectors Orange Water and Sewer Authority PO Box 366 Carrboro, N~ 27510-0366 Dear Mr. V~nderMeer: February 2, 1999 ~~~ ~~. ~3~q ~ 6°~'r~'~ \\ ®~\ ~~4 This is in response to Joal Broun's letter of June 16, 1998, soliciting Board of County Commissioner comments on OWASA's discussion paper entitled "Assessment Policy Applicable tp Water and Sewer Service Extension to Existing Unserved Neighborhoods". The Board df County Commissioners appreciates the opportunity to provide input on OWASA policy initiatives, but it will not be providing any specific comments on the proposals contained within the utility extension and assessment issue paper. While Orange County does have a direct interest in and control of the operation and expansion of the Eflan~ sewer system and its assessment policies, the County's role and responsibilities related to other utility issues are limited. Insofar as any other municipal or municipa~-level utility provider in Orange County is concerned, the County's interest in utility extension policy is defined primarily by its regulatory responsibilities related to land use policy and watershed protection. The Board off County Commissioners is familiar with the issues outlined in your position paper and with the responses it elicited from the Town of Chapel Hill and the University of North Carolina. The Board encourages OWASA to: 1) classify high priority areas for sewer extension within the OWASA service area by working in concert with Orange County Health Department Environmental Health staff to identify systems within the service area 1that are either in outright failure or failing during periods of prolonged wet weather; an~ 2) reassess the elements of OWASA's purchase and sale agreement with the university. 'the Board believes that greater flexibility in assigning cost of service would be beneficial for the entire community. For instance, where an "Adverse Public Health Condition" is declared in an area that might jeopardize OWASA's water supply, if water and/or sewed services are to be extended, it is reasonable to share the costs of extension amongst all customers, as they certainly benefit from measures that protect the utility's water resources. You Count In Orange County AREA CODE (919) 732-8181: 968-4501: 688-7331: 227-2031: FAX (919) 644-3004 Ex~ 2130 • Mr. Daniel C. VanderMeer February 2, 1999 page 2 Generally, the Board of County Commissioners views utility assessment and extension policy as one component of a larger and more comprehensive utility policy involving not only cost and cost allocation considerations but also efforts to: 1) deal with growth concerns and impacts attributable to utility extension: 2) address ability to pay, affordable housing and equity concerns attendant to various utility extension financing strategies; and 3) protect the public and public health by melding utility extension strategies with strategies to ensure that single family and community on-site utility systems become more reliable and of minimal environmental impact. Accordingly, the Board of County Commissioners and the Board of Health have, for a number of years, been working to develop programs and regulations that will protect the health of the public and preserve the environment as the County develops. Much time on the part of elected and appointed officials, including OWASA representatives, members of various ad hoc committees, and staff has been expended in efforts to identify, evaluate and address individual components of the larger utility issues. Examples and results of these activities include: • Utility extension and on-site wastewater treatment policy elements of the watershed protection sections of the zoning and subdivision ordinances dating from 1992 -see Attachment A • Utility extension elements of the County Water and Sewer Policy and the appendix to the Joint Planning Agreement -see Attachment B The existing Wastewater Treatment Monitoring Plan (WTMP) ,approved in 1994 see Attachment C The County is also working on proposals to expand the Waste Treatment Monitoring Program (WTMP) to include single family conventional gravity flow septic tank systems. Furthermore, the County has interacted with the other local jurisdictions within the County and with OWASA on the Water and Sewer Boundary Task Force. This group has been instrumental in developing proposals related to the designation of "Adverse Public Health Condition" for use in lieu of the more stringent public health declarations in dealing with wastewater/water treatment emergencies. The so called "tool bag" approach to providing specific guidance for remediation of cases of on-site wastewater and water treatment system failures has been yet another outgrowth of the County's activities with the Water and Sewer Boundary Task Force. In addition, the County has also formally addressed utility construction/ extension funding equity issues in conjunction with Chapel Hill's 1997 request for County funding of the Morgan Creek community sewer line. • • Mr. Daniel C. VanderMeer February 2, 1999 page 3 Finally, the Board of County Commissioners has directed staff to develop recommendations for the review of this Board or other boards or committees of County policy makers on a number of utility related issues including: 1) County participation in funding of elements of utility extension costs associated with addressing public health concerns; 2) resolving conflicts between existing County land use regulations restricting the extension of utilities and the potential necessity of extending utilities to address public health concerns; and 3) developing financial surety strategies for on-site wastewater treatment systems. Although the Board does not propose to address utility extension and assessment policy as an issue separate from those outlined above, the County and the community are continuing to work at resolving all outstanding utility-related issues. The Board is certainly willing to enfold all of OWASA's suggestions, concerns and ideas into its discussions and will actively welcome OWASA's inclusion in those discussions. If I may provide any additional information or input, please contact me at your earliest convenience. Sincerely, Alice M. Gordon, Chair Orange County Board of Commissioners •