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HomeMy WebLinkAboutAgenda - 06-26-1995 - V-C i 1 O R A N G E C 0 U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 26, 1995 Action Agenda Item # �— SUBJECT: Resolution Responding to the Public Water and Sewer Service Boundary Task Force DEPARTMENT: County Manger PUBLIC HEARING: Yes _X—No ATTACHMENT(S) : INFORMATION CONTACT: County Manager ext . 2300 OWASA Resolution Planning Director ext. 2585 Hillsborough Resolution TELEPHONE NUMBERS: Task Force Report Hillsborough - 732-8181 Draft Orange County Resolution Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To provide to the BOCC, for its review and approval, a resolution that : a) adopts the proposed (or "straw") boundaries which delineate the utility service areas; and b) recommends that the Public Water and Sewer Service Boundary Task Force continue working as necessary to develop a consensus as to strategies which will address outstanding issues and concerns related to the activities and responsibilities of the utility providers within those service areas. BACKGROUND: The origin of the Public Water and Sewer Service Boundary Task Force originated dates from the Spring 1994 session of the Orange County Assembly of Governments meeting. The task force-composed of representatives of the governing boards of Orange County, Chapel Hill, Carrboro, OWASA and Hillsborough - was created to develop a proposal defining water and sewer service areas based on the broad policy objectives of the various boards and intergovernmental planning agreements. The task force was charged with developing, if possible, comprehensive service area agreement (s) for consideration by the governing boards. The proposed service area boundaries, agreements, etc. , were to be outlined within a report developed by the task force and submitted to the governing boards for review, comment and approval by the boards after public hearings. It was also anticipated that, upon completion of the initial round of discussions, extended discussions involving the City of Durham, Mebane and the Orange- Alamance Water System would follow. 2 r The task force began meeting in June 1994 and submitted a report for consideration of the various boards in December 1994 . The report contained proposed or "straw" utility service area boundaries and an outline of OWASA' s correlative objectives to adopting the boundary map. The report recommended that the various governing boards: 1) review the proposed boundaries and correlative objectives; 2) provide comments, suggestions, revisions, etc. , to the task force' s proposed boundaries and objectives; and 3) reconvene the task force to address the objectives and to open discussion with other entities providing utility service within Orange County. To date, the Town of Hillsborough and OWASA have adopted resolutions responding to the task force' s report . The resolution adopted by Hillsborough takes specific exception to correlative objective Number 5, which relates to the requirement that a utility be required to accept full responsibility for addressing all failures of water and sewer systems within its geographic service area boundary. The OWASA resolution endorses the proposed utility service area boundaries, contingent on two stipulations : 1) the agreement of the affected local governments to seek local legislation making the service area boundaries legally binding; and 2) the agreement of the affected local governments to commit the resources necessary to seek agreement on the correlative objectives and to incorporate those items in the service area boundary legislation. The Towns of Carrboro and Chapel Hill have not yet responded to the task force report, although Chapel Hill is scheduled to discuss the report at its June 26th meeting. RECOMMENDATION: The administration recommends that the Board review the enclosed information and adopt the proposed resolution accepting the proposed utility service area boundaries and directing the task force to: a) address the correlative objective insofar as it is possible and practical; and b) begin the process of integrating the other local providers of water and sewer utilities into the service area boundary discussion. 3 RESOLUTION RESPONDING TO THE DECEMBER 14, 1994 REPORT OF THE ORANGE COUNTY PUBLIC WATER AND SEWER SERVICE AREA TASK FORCE WHEREAS, the County of Orange recognizes that well defined utility service area boundaries enable local governments and utility providers to develop realistic long term utility service plans, and WHEREAS, the County of Orange desires to eliminate or minimize potential conflicts arising from the failure to coordinate utility service areas with areas targeted for municipal annexation, and WHEREAS, the County of Orange recognizes that well defined utility service areas and policies complement the existing framework of land use plans embodied in the Joint Planning and Cooperative Planning agreements, and WHEREAS, the Orange County Board of Commissioners, in concurrence with the governing boards of Carrboro, Chapel Hill, Hillsborough and OWASA, has appointed two of its members to serve on a task force charged with developing recommendations as to utility service area boundaries and as to agreements addressing objectives which may be correlative to those boundaries, and WHEREAS, the Orange County Public Water and Sewer Service Area Task Force has completed its original charge and submitted a report which contains the proposed utility service area boundaries and provides an outline of objectives which OWASA believes to be correlative to utility service area boundaries, NOW, THEREFORE, BE IT RESOLVED THAT THE ORANGE COUNTY BOARD OF COMMISSIONERS: 1 . Endorses the utility service area boundaries as proposed by the Orange County Public Water and Sewer Service Area Task Force and as shown in the task force ' s December 14, 1994 report and, 4 ' 2 . Recommends that the Orange County Public Water and Sewer Service Area Task Force be reconvened with the addition of representation from the City of Durham, the Town of Mebane and the Orange-Alamance Water System to: a) develop a consensus proposal for a service area boundaries agreement to be ratified by all local governments and water/sewer utility providers within Orange County and b) address and resolve as many of the correlative objectives put forward by OWASA (as outlined in Attachment B in the task force' s December 14, 1994 report) as is practicable. Adopted this the 26th day of June, 1995 Moses Carey, Chair Orange County Board of Commissioners ATTEST: Beverly Blythe, Clerk to Board �5BOR0 5 Gc L own of Ifilisharjou94 101 E. Orange Street P.O. Box 429 HILLSBOROUGH, NORTH CAROLINA (919) 732-2104 o PS z TH �� 27278 C A_ -" MEMORANDUM TO: Moses Carey, Jr. , Chair Orange County Board of Commissioners FROM: Horace H. Johnson, Mayor Town of Hillsborough DATE: May 26, 1995 RE: RESOLUTION RESPONDING TO THE PUBLIC WATER AND SEWER SERVICE BOUNDARY TASK FORCE Attached is a copy of the Resolution Responding to the Public Water and Sewer Service Boundary Task Force as adopted by the Hillsborough Town Board on May 15, 1995. The Town appreciates the opportunity to be a part of this process. Attachment ATTACBMT VII.B 6 RESOLUTION RESPONDING TO THE PUBLIC WATER AND SEWER SERVICE BOUNDARY TASK FORCE WHEREAS, the Task Force has proposed the Water and Sewer Utility Service Area Boundaries delineated on Attachment "A" which coincide with the Town of Hillsboroughs' 50 year Master Plan; and WHEREAS, the Task Force has proposed to include with the approval of these boundaries the "Correlative Objectives" delineated in Attachment "B"; and WHEREAS, The Town of Hillsborough resolves to continue providing water and sewer utility service to its customers within the delineated area of interest; and WHEREAS, The Town of Hillsborough intends to comply with all necessary regulations and agreements required to provide such water and sewer utility services; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Hillsborough that those boundaries delineated within Attachment "A" shall be considered to delineate the area of interest for the Town of Hillsborough to provide water and sewer service; and BE IT FURTHER RESOLVED that the Town Council intends to address the "Correlative Objectives" in Attachment "B" subject to the following comments and clarifications: 1. No comment or change. 1. No comment or change, for prescribed accountability and utility needs see number 5 herinbelow. 3. The Town accepts those boundaries delineated within Attachment"A as they are understood to coincide with the ridge line between the Cape Fear and Neuse River Basins as delineated in the Towns current 50 year Sewer Master Plan. 4. The Town of Hillsborough concurs in the effort to promote equity for all utility interests within Orange County. The Town currently is bound by the Eno River Capacity Use Agreement with the State and other local entities. This agreement shall supercede and govern any subsequent agreements or initiatives. 5. The Town agrees to provide public water and sewer service within the prescribed area where economically feasible. Onsite disposal systems shall continue to be permitted and inspected by the Orange County Health Department. Response to failing onsite disposal 1 7 systems shall continue to be dealt with by the Department of Environmental Management in concert with the County Health Department. The Town stands ready to aid in the resolution of emergency situations in a way that will not place an undue burden on its facilities or its existing customers. The Town will provide water and sewer utility services based upon "Long Term" Master Plans. "Short Term" initiatives to curb growth through withholding the provision of water and sewer service will be entertained, however, they will not be enforced until such time as they are voted, by the Town Council, as ammendments to the Master Plans. 6. The Town currently has emergency agreements with all surrounding water utilities. This the /S day of May, 1995. -,4 js,� Mayor Horace H. Johnson ATTEST: TOWN CL t r 8 f RESOLUTION RESPONDING TO ORANGE COUNTY WATER AND SEWER-SERVICE AREA BOUNDARIES TASK FORCE REPORT OF DECEMBER, 1994 WHEREAS, Orange Water and Sewer Authority has been asked to respond to recommendations of the orange County Water and Sewer Service Area Boundaries Task Force, dated December 14, 1994 and attached to this Resolution as Exhibit 1;and WHEREAS, the Authority finds that the scope and purpose of new tasks and utility services entunerated in Objective 5 in the Task Force memorandum(Exhibit 1,Attachment D) will require further definition and concurrence by parties to the potential agreement;and WHEREAS,OWASA customers may be asked to pay for systems that do not benefit them;and WHEREAS,the Authority notes that NflUmcat of the objectives and intent of die pt9posed agreement will require eventual participation and concurrence by the City of Durham. Town of Mebane,and Oraage•Alarnance Water System,Inc.;and WHEREAS, an agreement to service area limitations may have negative financial effects on OWASA for which the Authority should receive appropriate consideration;and WHEREAS, a joint service area agreement such as proposed by the Task Force is not legally binding unless ratified by North Carolina fleneral Assembly. NOW,THEREFORE,BE IT RESOLVED: 1. That the Board of Directors of Orange Water Jknd Sewer Authority endorses the straw litre boundaries for water and sewer service provision by OWASA,the Town of Hillsborough,and Orange County,as presented on Attachment A of the December 14, 1944 Task Force Report,contingent on the following: A. That the governing bodies of Carrboro,Chapel Dill,Hillsborough,Orange County,and OWASA agree to seek legislation during the 1996(Short)Session of the North Carolina General Assembly that would make legally binding a water and sewer service area boundary agreement among all parties signatory thereto;and B. That those same local bodies agree to commit the necessary resources to clarify, define,and seek agreement on the issues impli4it and unresoivcd in Attachment B of she Deeaniber 14, 1994 Task Force.Report such that those item.and definitions may be inl orpoiated into the legislation proposed above. Issues to be clarified snail include.,but not limited to,the specific scope of services and responsibilities within each provider's interest arcs;financial authority and funding arrangements for time services;OWASA review authority of all oornmunity wnt.,r nvid Re.%4mr aralerna rropamed for its interest area: as well ne nther peTl;nezil issues listed in Exhibit 1,Attachment B. 9 orange Water and SCWVL Authority May 25, 1995 page 2 2. That additional written materials from OWASA staff and General Counsel be attached as information to this Resolution as Exhibits 2 and 3. 3. That copies of this Resolution and Exhibits be.forwarded to the Cantoro Board of Aldermen,Chapel Hill Town Council,Town of Hillsborough Board of Commissioners,and orange County Board of Commissioners_ Adopted the 25th day of May, 1995. Julianne K Andresen,Chairman • ATTEST: u Riley Wil Secretary-Tress M ORANGE COUN'T'Y COMMISSIONERS io P.O. Box 8181 HILLSBOROUGH, N.C. 27278 'a.oses Carey,Jr. 732-8181 Alice M. Gordon 9684501 Stephen H. HaMotis 688-7331 Verla C. Insko 227-2031 Don Willhoit 644-3004 (Fax) MEMORANDUM DATE: December 14, 1994 SUBJECT: Public Water and Sewer Service Boundary Task Force FROM: Moses Carey, Jr., Chair TO: Orange County Board of Commissioners Mayor and Chapel Hill Town Council Mayor and Hillsborough Board of Commissioners Mayor and Carrboro Board of Aldermen Chair and OWASA Board of Directors I am pleased to inform you that the Public Water and Sewer Service ` Boundary Task Force has completed its original charge and submits the following summary of actions: On a motion made by Council member Joe Capowski, seconded by Council member Jim Protzman, the Task Force unanimously submits for the governing bodies review: (1) Attachment A - A map which establishes a straw line boundary for water/sewer service provision by OWASA, the Town of Hillsborough and the County. (2) Attachment B - Approval of the boundary as depicted on Attachment "A" should be contingent on the governing bodies agreement to successfully address the correlative objectives listed in Attachment of B It (3) The Task Force recommends that each governing body seek public response that it deems appropriate and to submit to the Task Force each governing body's response to the boundary line and the objectives cited in Attachments "A" and "B" respectfully and to include any changes that the body wishes the Task Force to consider. The Task Force recommends that each governing body respond by July 1, 1995. L-� I wish to commend all participants on the Task Force for open and candid discussion which focused on the issues and provided an improved understanding of the complicated issues involved in this subject. It is encouraging to note that the Task Force is willing to accept the remaining charge by the governing bodies YOU COUNT IN ORANGE COUNTY ! 11 Public Water and Sewer Service Boundary Task Force (Con't). Pg. Z to work on the draft of a proposed agreement based on the responses given by the governing bodies. Finally, the Task Force members noted that Charge 5 of the original resolution (see Attachment "C") will need to be incorporated in the reconvening of the Task Force. Specifically, any further discussions as to the boundaries of other water/sewer providers in the county will require involvement by their representatives. If I or any member of the Task Force need to respond to the contents of this report, please do not hesitate to call. CC. Members Public Water and Sewer Service Boundary Task Force ATTACHMENT "A" 12 Long Range Interest Areas Public Water/Sewer Service - Orange County, NC V a � • 4 I.� Vf. r• Legend • OWASA Interest Area - Generally,all ppoortions of Orange County City Limits south of the ridge line between the FZei and Cape Fear river basins ETJ �w Hillsborough Interest Area - Estimated urban services boundary for the Town of Hillsborough in the year 2045 �\ Transition Areas Orange County Interest Area - Potential Orange County/Efland Orange County .••• Utility Service District to be considered by the Board of Planning k Inspections County Commissioners Department N Major County Roads Information Services Diviswn BRMc 12-19-94 ATTACHMENT "B" 13 PUBLIC WATER AND SEWER SERVICE BOUNDARY TASK FORCE CORRELATIVE OBJECTIVES TO ADOPTING THE BOUNDARY MAP 1. Continue to support orderly growth and efficient provision of water services. "Orange County Comprehensive Plan, Joint Planning Area; Carrboro, Chapel Hill , and Hillsborough Land Use Plans Development Ordinances , etc. "Capital development plans for new public buildings , schools , etc. ; greater involvement with Boards of Education. "Orange County Water and Sewer Policy. "Other policies and agreements that currently exist or need to be developed. 2. Continue to promote local control of land use policies; reinforce through appropriate water and sewer service area boundary agreements. "Maintain "good neighbor" policies that respect neighboring jurisdictional interests . "Ensure that service area boundary agreements do not compromise land use policies of other jurisdictions . "Agree that one utility provider will not enter another's interest area without invitation. Each entity to be accountable for the utility needs within its own interest area. Delineate utility districts or interest areas that reflect the approximate water and sewer capabilities of the respective utilities for a 50 year planning period. "Consider available raw water resources , waste assimilation capacity of receiving streams , etc. "Consider technical , administrative, and financial capacity - of the respective entities . 4. Promote equity for all parties. Formulate service area and other agreements so that benefitting parties pay their fair proportional shares of operating and capital costs incurred by the entity serving that district or interest area. "Efland sewer system. "Lake Orange water supply. "New Hillsborough reservoir. "Economic Development Districts . "(Others) 5. Ensure that appropriate public health and environmental needs will be met and responsible entities identified. "Clear delineation for all types of water/sewer provisions within each district or interest area. "Clear understanding that the resolution of water or sewer system failures is the responsibility of the utility provider serving that district or interest area. "Clear understanding of how certain water/sewer systems not presently under the purview of local utilities should be financed; including financial provisions for installation, operation, 14 r )RRELATIVE OBJECTIVES TO ADOPTING THE BOUNDARY MAP PAGE 2 maintenance, and repair or replacement . "Consider assigning to OWASA the review authority for all community water and sewer systems proposed for its interest area conditioned upon any approval necessary from State or local public health authority. "Seek agreement by all affected entities : public utilities and local governing boards (Carrboro, Chapel Hill , Hillsborough, Orange County, and OWASA) , Orange County Health Department, NC Department of Environment, Health and Natural Resources . "Determine the location, within the overall long range interest area, of the urban services boundary (i .e. water and sewer service boundary) for each utility provider versus the long term interest area where no water and sewer service will be extended during the short term. 6. Ensure that the integrity of interconnections for emergency water transfers is not compromised by service area boundary delineations and supporting agreements. "Execute emergency water agreements where they do not exist prior t,o service area boundary agreements . 1 ATTACHMENT "C" ' 15 2 A RESOLUTION APPROVING A PROPOSED COMPOSITION OF AND CHARGE TO A COMMITTEE . TO PROPOSE UTILITY SERVICE AREA BOUNDARIES, AND APPOINTING TWO COUNCIL MEMBERS TO SERVE ON THE COMMITTEE (94-4-11/R-5) BE IT RESOLVED that the Council of the Town of Chapel Hill approves the following composition of and charge to a committee to proposed utility service area boundaries. Purposes of considering, water and sewer service area boundaries: To enable local governments and utilities to make long-term plans with known rather than continuously changing boundaries. To eliminate or minimize the potential for conflicts regarding utility service areas and future annexation areas. To complement the existing framework of land use plans under the Joint Planning and Cooperative Planning agreements. Composition: Two representatives from each of the following entities: 1 Orange County Board of Commissioners Hillsborough Board of Commissioners Carrboro Board of Aldermen Chapel Hill Town Council Orange Water and Sewer Authority Board of Directors Charge 1: To make a report and recommendations by October, 1994 to the Orange County Board of Commissioners, Hillsborough Board of Commissioners, Carrboro Board of Aldermen, Chapel Hill Town Council and Orange Water and Sewer Authority Board of Directors regarding long-term water and sewer service area boundaries in Orange County. Charge 2 : To develop a proposal for water and sewer service areas which is based on broad policy considerations of the elected boards, including those policies in intergovernmental planning agreements. Charge 3 : The Committee's report to be submitted in October, 1994 shall be considered a proposed basic framework as a starting point for developing an agreement(s) . This report shall not include a discussion of oversight of community or alternative wastewater systems or of the timing of public water or sewer extensions within long-term service area boundaries. Charge 4 : If the boards represented on the Committee agree in principle on a proposal for long-term service area boundaries, the Committee shall draft a proposed agreement(s) for consideration by the local government and utility boards. This agreement may provide 16 3 that matters involving extension of public water and sewer in the Rural Buffer are to be separately discussed. .Charge 5 : If the boards agree in principle on a proposed agreement, the Committee shall seek to meet with representatives of additional jurisdictions and utilities which may need to be included in agreement(s) . The additional entities would include but not necessarily be limited to the Orange Alamance Water System, City of Durham, Mebane, Graham, etc. A proposed agreement with these additional entities would be submitted for consideration by all parties. Footnotes: The Committee, and each of the boards involved in the process above, would hold public hearing(s) at such times as each determines appropriate. The Committee would be a public body with open meetings in accord with State law. BE IT FURTHER RESOLVED that the Council appoints and to represent the Council on the Committee. This the 11th day of April , 1994 .