Loading...
HomeMy WebLinkAboutMinutes - 19970225APPROVED 5/19/98 MINUTES Joint Meeting of Orange County Commissioners and OWASA Board of Directors February 251998 The Orange County Boazd of Commissioners met in a joint session with the OWASA Boazd of Directors on February 25, 1998 at 7:30 p.m. in the OWASA Community Meeting Room in Carrboro, North Cazolina. COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown, and Commissioners Moses Carey, Jr., William L. Crowther, Alice M. Gordon and Stephen H. Halkiotis COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., and Clerk to the Board Beverly A. Blythe (All other staff members will be identified appropriately below) OWASA BOARD OF DIRECTORS PRESENT: Chair Joal Hall Broun and members Barry Jacobs (arrived at 8:30), Peter Gordon, Alan Rimer, William Strom and Dan VanderMeer OWASA STAFF PRESENT: Ed Kerwin OWASA ATTORNEY PRESENT: Bob Epting NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. ALL RECORDINGS OF THE MEETING WILL BE KEPT FOR S YEARS. Chair Mazgazet Brown welcomed everyone to the meeting and introductions were made. One item was added to the agenda as item IID -Joint Task Force for the Master Pazks and Recreation Master Plan. 1. DISCUSSION TOPICS A. Land Use Overview: Brief overview of the Coun 's land use plan and ',joint lp anning azeas, as well as zoning overlays. Interim Planning Director Gene Bell made reference to the land use element of the Orange County Comprehensive Plan which he distributed. He highlighted items as included in Attachment 1. He described the different areas as shown on the Land Use Map as well as key features of these azeas. He pointed out the rural activity nodes and noted that our most extensive land classification is rural. He pointed out the conservation azeas on the map and the Joint Planning azea. In answer to a question from Bill Strom, Gene Bell pointed out the zoning around the Cane Creek Reservoir indicating that this azea has a two acre lot size with an overlay district. He showed on a map the permitted densities and the developed azeas. B. Public Health: Coun 's p~osal, designation of and definition for "adverse public health condition" in lieu of the definition of public health emergencX as acknowledged ~ BOCC on 12/16/97. and referred to the Water and Sewer Boundary Task Force John Link said that they have tried to come up with a definition to describe an adverse public health condition that would be functional and something that could be used when situations arise. Ron Holdway, Director of Environmental Health, gave background information as stated in attachment 2. He said that they were looking for something that would be definable. He said that there are three basic criteria for failing wastewater systems that must be met to be defined as an adverse public health condition: (1) The wastewater system would have to be failing and be documented by his department, (2) there would have to be no onsite repair possible or (3) repair would not be recommended. For wells, the criteria would basically be a well that was contaminated with a chemical that would be dangerous or threatening to human health, no repair to work on the well, water not be treatable prior to withdrawal and also there would be no alternate site for a new well. Geof Gledhill said that the Water and Sewer Boundary Task Force appointed a committee to look at the adverse public health issue. Staff from the County and the local governments have been working with this task force. The adverse public health issue fits in with the work of this Task Force because the boundary agreement creates service areas and the definition deals with emergencies in areas outside the service areas for water and sewer. Outside of the service area, generally the rule is going to be that you don't extend public water and sewer. They need to find a way to deal with conditions that are not immediately solvable by a new septic tank or new well. The Task Force has come up with calling these situations "adverse public health conditions". The plan is that if a condition is determined to be an adverse public health condition that the health department will come up with a way to fix the condition if possible and at that point it will become a governmental decision and if it is in the Joint Planning Area it would become a joint governmental decision as to how the emergency will be addressed. Commissioner Gordon spoke as a member of the Water and Sewer Boundary Task Force. She said that the combination of having a new definition and a set of remedies and having the Health Department have this pivotal role to determine the situation and make a recommendation to the governmental board who would make the final decision is a good way to approach this issue. She hopes this agreement will be ready by Spring. Peter Gordon said that the OWASA Board has not discussed this issue. However, when they do have a request for water and sewer they would take this definition into consideration. He feels that this clarifies for them what the County is trying to accomplish. Dan VanderMeer agreed with what Peter Gordon said. He congratulated the County on what they are trying to do. Also, it sounds like the elected officials are taking the responsibility for making the final decision. After a career of 35 years in public health, he cautions the County that they are taking on a huge responsibility because it will be very difficult to make the final call. Anew definition is moving in the right direction. He offered to help the committee in any way possible. Commissioner Crowther asked how the role of decision making would come back to the Board of County Commissioners and Geoffrey Gledhill said that in situations where the public health problem is in interest areas, the remedy would come back to the Board of County Commissioners. There is a range of options or possible remedies that would be available. If the remedy is public sewer, an agreement would need to be worked out with OWASA or Hillsborough or the appropriate jurisdiction before it could be done. Bill Strom made reference to the component of requiring onsite repair as part of the policy which requires citizens to come to the appropriate department and try to resolve the problems they have with septic tanks. Alan Rimer made reference to a memo written by the Water and Sewer Boundary Task Force about who decides how the problem will be fixed. There is one sentence that concerns him which states "remains with the zoning regulations of the governmental entity or entities having zoning jurisdictions over the area." He asked if a homeowner is in the Joint Planning Area where there are two entities who might have jurisdiction over that zoning and their septic tank fails and it is determined that there is an adverse condition, would they have to wait six months for the Joint Planning Area meeting to occur. He feels this is the right way to go but he has a practical concern for the homeowner. Geoffrey Gledhill said that the entire rural buffer is in the JPA so any adverse public health condition in the Rural Buffer will require at least two governmental decisions and he does not have an answer to the question of how long it would take for the governmental entities to meet. He feels that immediately after a water and sewer boundary agreement is reached, that there will need to be some effort to include some of these remedies into zoning regulations. Chair Margaret Brown assured Alan Rimer that his concern will be addressed by the process set up by the Water and Sewer Boundary Task Force. Bob Epting said that his concern is that Hillsborough has not attended all the meetings of the Water and Sewer Boundary Task Force, and it would be terrible if the Task Force came up with an agreement and Hillsborough did not sign off on it. Commissioner Halkiotis suggested that Chair Brown contact the Mayor of Hillsborough and ask for their participation in an effort to have everyone sign the boundary agreement. 1. Inspection and Maintenance of Septic Tanks and Alternative Waste Disposals sy terns: Status Report -Ron Holdway, Director, Orange County Environmental Health (Attachment 2) Ron Holdway referred to the information in the packet and Attachment 2. Ed Kerwin said that their primary interest is protection of their two watersheds. There has been questions about education and maintenance of septic tanks. They just want assurance that proper inspections are taking place. In answer to two questions, Ron Holdway said that not all systems are included in their inspection program. The systems that are inspected are the more complicated ones and those systems at risk. The County has authority for septic systems in the County and in the municipalities. Alan Rimer said that the reality is that the systems that fail aze the conventional systems. He says that the problems they aze seeing are for those systems that were constructed before 1994. If the County would consider having a periodic inspection of all septic systems countywide, OWASA would be willing to help with this effort. He asked that costs be worked out for such a program for the OWASA Boazd to consider. Bill Strom said that they have talked about having different standazds for septic systems in watershed areas and asked if the County has considered that. Ron Holdway said they have not looked at setting different standards for watershed areas. Commissioner Halkiotis made reference to ten yeazs ago when people were dumping their septic effiuent in fields and wooded azeas of the county and how we aze continuing to educate citizens about the caze of their septic systems. Geoffrey Gledhill said that Orange County requires that a declaration be filed as part of the title of the property and in those instances where special things happen. For example, if someone wants to build a six bedroom house and the septic tank is approved for only 4 bedrooms, they aze asked to sign a declazation which must be filed. Also, whenever property is sold or transferred, evidence must be presented that the septic tank is working. Moses Cazey noted that the lot sizes aze larger in the watershed azeas. Geoffrey Gledhill said that in the watershed, you cannot use offsite systems for new homes. Commissioner Gordon pointed out that from now forwazd, all wells and septic systems will be identified on the GIS system. 2. Brookfield situation including relationship of OWASA's role in the rocess of identi 'n and addressing otential "adverse ublic health conditions in context of Orange Coun 's Planning and Zoning requirements related to municipal utili services: Written excerpt: Creation won-site water/waste water treatment allure classi{rcation/termination Ipo icy. (12/16/97 BOCC Agenda Abstract) (Attachment 3) Geoffrey Gledhill said that if this issue can wait until the Water and Sewer Boundary Task Force finishes their work, it will be addressed. Alan Rimer said that they don't think they can wait that long. He asked if all the homes are okay for now and Ron Holdway said that some of the systems are failing because of all the rain. It will abate some with drier weather. He has detailed information on all the homes in that azea. Commissioner Gordon pointed out that usually the problems being experienced are problems with older systems and not the newer systems. 5 3. Rog_er_s Road rovision of water to the nei borhood,~ Municipal Water Service to Oranse Coun Re 'onal Landfill Vicini 1/12/98 Paul Thames Attachment 4~ Paul Thames described the map that he distributed of the entire landfill area. He pointed out the area where the citizens are negotiating with the LOG for community benefits -- water and sewer. The map shows six neighborhoods. He pointed out the Historic Rogers Road neighborhood. It would cost $2.9 million to provide water to all six neighborhoods where there are 280 homes. This $2.9 million would include $600,000 in OWASA fees and $280,000 in plumbing fees. C. Zoning Issues: 1. Permitting the use of the American Stone Q a~ as a water storage facili for OWASA. Attachments: Summary and Status Report, Proposed Stone arr Expansion February 19 1998 (Attachment Letter from OWASA Chairman B~ Jacobs to Carrboro Mayor Michael Nelson June 25 1996 (Attachment An Overview of the American Stone Joint Planning Area Land Use Plan Amendment Request (Attachment 7~ John Link referred to the next Joint Planning Area public hearing scheduled for Apri18 and explained that both towns have items they want on this agenda and that OWASA also has an item they want heard at this time. Joan Hall Broun said that from OWASA's point of view, this issue has been batted back and forth a considerable amount of time. They feel it is important for this to be placed on the JPA public hearing agenda because they would like to have some closure to this matter prior to October, 1998. Chair Margaret Brown suggested that the Chapel Hill representative talk with their council to see if their item could be delayed. Mr. Epting said that this has taken so long that Mr. Danzinger has indicated that the contract should be null and void because of the time it has taken. 2. Cane Creek _ Zoning op licX for the protection of the watershed. Summary, Final Recommendations for Protecting the Cane Creek Water Suvnly Adopted Orange Water and Sewer Authority, October 23 1997 Attachment 8~ Implement Watershed Protection Standards and Classifications to Insure Hi h uali Water Resources in Orange Coun Attachment John Link made reference to the timeline on pages 4 and 5 of attachment 9. The public hearing will be August 24, 1998. Pat Davis said that the official proposal for protecting the watershed went before the County Commissioners in 1991. OWASA is getting ready to entertain proposals to do an integrated plan for OWASA and they need to get some resolution to this issue. D. OWASA Assessment Policy and Service Availability Fees. Attachments: Provisional Assessment Policy January 2 1998 Attachment 10 Service Avai_'lability Fees. OWASA Staff Memorandum. February 6 1998 (Attachment 11 Housing Factors and Water Use Patterns. OWASA StaffMemorandum. December 5 1997 (Attachment 12 Provisional Assessment Policy Ed Kerwin referred to Attachment 10 and said that this document has not been acted on by the OWASA Board of Directors. The documents outline all the issues and their legal constraints. The OWASA Boazd will look at their assessment policy and look at the constraints with an effort to make sewering azeas more affordable. Bob Epting gave background information on the formation of the OWASA Boazd of Directors. OWASA acquired their assets from the towns of Chapel Hill and Carrboro and the University of North Cazolina at Chapel Hill. They did so in 1977 by way of a purchase and sale contract with each of these three organizations. They all say that the cost of extension of lines shall be paid by the party or parties primarily benefiting from the extension. The Authority's hands aze tied by this contractual language. He suggested that the County may want to meet with the Towns and the University to see if they aze willing to change this language. As long as this language stays the same, OWASA is not able to legally pay a significant portion of the costs for running water and sewer. Also, the bond orders under which the authority borrowed money also contain a provision that OWASA rates be based on a cost of service principle in assessing the parties who benefit from the extension of lines. Commissioner Gordon asked about a survey of azeas not being served and Bob Epting said that this was a survey of their primary interest areas, within town limits. None of these azeas are in the rural buffer except Brookfield. Pat Davis said that it is important to recognize that there aze different philosophies on the OWASA Boazd about this issue. Those members who are supportive of OWASA taking on a financial assistance program for those azeas that aze unsewered would probably condition that position on local governments taking action to assure that this is not a continuing problem that presents financial hardships 7 on an ongoing basis for OWASA. This is directly linked to the County and the other jurisdictions making sure that the onsite alternative systems management framework that is put in place is truly a more viable one and sustainable one over the long term than historically has been in place. Chair Margaret Brown made reference to the Mt. Bolus area and asked how this was subsidized and why. Bob Epting said that the OWASA Board adopted a policy where they attempted to use an averaging process which gave them the average cost of extending sewer for a number of projects -- some costing less and some more. They tried to minimize cost over a period of time. The actual subsidy was 35% to 45%. of the total cost of the project. Joel Broun said that they are continually talking about how they can modify the Purchase and Sale Agreement in an effort to find a way to assist people who have financial problems. They hope in the near future they can forward their decision to the governmental entities. Dan VanderMeer said that they do everything they can legally do within the Purchase and Sale Agreement . They plan to continue working on this issue to find a solution. The County Commissioners agreed to continue the meeting for fifteen minutes. With reference to availability fees, Ed Kerwin explained that they now have a flat fee for all residential connections to their system. Attachment 12 is a chart which shows that there is a strong correlation between the size of the house and the amount of water they use. They plan to have a final recommendation this spring. II. INFORMATIONAL ISSUES A. Status of discussions for OWASA water connection to Chatham County. Attachments: Letter from OWASA Executive Director Ed Kerwin to Chapel Hill Town Manager Calvin Horton. Au ust 15. 1997 (Attachment 13 Letter from OWASA Executive Director Ed Kerwin to Chapel Hill Councilwoman Julie Andresen Janu,~ 30 1998 Attachment 14 Joel Broun said that they are in discussions with Chatham County for an emergency only interconnect. If this was anything other than for emergency use, they would definitely share the information with all governments. Commissioner Carey said that he feels they are making progress on the Water and Sewer Boundary Task Force and that there is general consensus on that committee of what should happen with 8 emergency transfers and documentation necessary for emergency interconnects that should take care of all the concerns. Pat Davis said that it is important for the Board of County Commissioners to know that in 1988 the region executed a mutual agreement to provide assistance to each other in times of emergency. Also, it is important to recognize that Chatham County has a 6 million gallon allocation from Jordan Lake per day. Commissioner Halkiotis said that the concerns are magnified when the newspaper reports that a huge golf course will be going in as well as other construction in that area. Ed Kerwin said that he will provide a definition of emergency as soon as they develop one and will provide a summary of details and what they recommend. B. Status of OWASA Comprehensive Rate Study. Attachments: Water and Sewer Rate Studv, Memorandum from OWASA Chairman B~ Jacobs to Rate Studv Stakeholders Steering Committee, September 2 1997 Attachment 15 Executive Summary, Oranste Water and Sewer Authori Comprehensive Rate Studv, Black & Veatc Janu 1998 Attachment 16 The Board received these reports as information. C. Status of new Comprehensive Master Plan. Attachment: Comprehensive Water and Sewer Master Plat OWASA StaffMemorandum, Febru 20. 1998 Attachment 17 The Board received this report as information. ADJOURNMENT With no further items for the Board to discuss, Chair Brown adjourned the meeting. The next regular meeting will be held on March 4, 1998 at 7:30 p.m. in the F. Gordon Battle Courtroom in Hillsborough, North Carolina. Margaret Brown, Chair Beverly A. Blythe, Clerk