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HomeMy WebLinkAboutAgenda - 08-28-1995 - C 4 w ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 28, 1995 Action Agenda SUBJECT: REPORT OF THE WATER AND SEWER SERVICE BOUNDARY TASK FORCE Item # C 4 DEPARTMENT: PLANNING PUBLIC HEARING _X—Yes No ATTACHMENT(S): INFORMATION CONTACT: Gene Bell Report Summary Ext. 2589 Proposed Service Boundary Map TELEPHONE NUMBERS: Task Force Report Hillsborough - 732-8181 Resolutions Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To receive public comment on the report of the Water and Sewer Service Boundary Task Force. BACKGROUND: The Water and Sewer Service Boundary Task Force, comprised of governing board members from Orange County, Chapel Hill, Carrboro, Hillsborough and OWASA, met from June-December 1994 to recommend comprehensive service area boundaries and/or agreements. The report of the task force has been submitted to governing boards for review. It includes preliminary utility service area boundaries, as well as related implementation objectives. It is anticipated that once agreement has been reached on the report extended discussions will begin, including participation by the Cities of Durham and Mebane, and the Orange-Alamance Water System. OWASA, Hillsborough, and Chapel Hill have adopted resolutions responding to the report. The Town of Hillsborough has taken exception to the fifth objective's premise that the utility be responsible for failed systems within its service area. OWASA has called for legislation to make the boundaries legally binding, and agreement to incorporate the objectives into the boundary legislation. The Chapel Hill Town Council has called for an interim Memorandum of Understanding; the inclusion of Mebane, Durham and Orange- Alamance; and discussion of the issues outlined in the objectives by all boards. The Board of County Commissioners wishes to receive public comment on the proposed service area boundaries and implementation objectives before responding to the report. RECOMMENDATION: The Administration recommends that the matter be referred to the Planning Board for a recommendation to be received not earlier than October 2, 1995. REFERENCE: WATER AND SEWER SERVICE BOUNDARY TASK FORCE ORIGIN OF PROPOSAL: Staff Planning Board BOCC Public _X_ Other: Inter-governmental Task Force PUBLIC HEARING DATE: August 28, 1995 PURPOSE OF ITEM: To obtain public comment on the Water and Sewer Boundary Task Force report. The task force, comprised of governing board members from Orange County, Chapel Hill, Carrboro, Hillsborough and OWASA, has proposed service area boundaries and implementation objectives for water and sewer service. ISSUES: The proposed boundary lines indicated on the attached map delineate both current service areas, and long-term interest areas for Hillsborough, OWASA and Orange County. The long-term interest areas do not indicate imminent expansion of utility services. Rather, the interest areas would provide that: 1) the utility in question would be responsible for addressing system failures within the long-term interest area; and 2) if and when utility service is deemed necessary in these areas, the utility in question would be the service provider. Approval of these boundaries was recommended by the Task Force to be contingent on agreement to address six objectives: • Continue to support orderly growth and efficient provision of water services. • Continue to promote local control of land use policies; reinforce through appropriate water and sewer service area boundary agreements. • Delineate utility districts or interest areas that reflect the approximate water and sewer capabilities of the respective utilities for a 50-year period. • Promote equity for all parties. Formulate service areas 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. • Ensure that appropriate public health and environmental needs will be met and responsible entities identified. • Ensure that the integrity of interconnections for emergency water transfers is not compromised by service area boundary delineations and supporting agreements. Prior to responding to the task force report, the Orange County Board of Commissioners called for a public hearing to be held to obtain public input on the proposed boundaries and objectives. The public hearing will be held Monday, August 28 at 7:30 p.m. in the Superior Courtroom of the Orange County Courthouse in Hillsborough, NC. k � JU ORANGE COUNTY COMMISSIONERS '91 P.O. Box 8181 HILLSBOROUGH, N.C. 27278 Moses Carey, Jr. 732-8181 ,Vice M. Gordon 968-4501 Stephen H. Halkiotis 688-7331 Verla C. Lasko 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 "B". (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. 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 ! Public Water and Sewer Service Boundary Task Force (Con't). Pg. 2 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" 93 Lon 9 Rancie Interest Areas Public Water,/Sewer Service Orange County, NC ll T� \7 % \j Legend .00 OWASA Interest Area -Generally, all ns of Orange County City Limits south of the ridge line between the r""i"and Cape ear river basins ETJ 4• Hillsborough Interest Area - Estimated urban services boundary for the Town of Hillsborough in the year 2045 Transition Areas 4V Orange County Interest Area - Potential Orange County/Efland Orange County Utility Service District to be considered by the Board of Planning&Inspections County Commissioners N Yajor County Roads Department Information Services Division Me 2-13-94 y�� � I ATTACHMENT "B" 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. 3. 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, t CORRELATIVE 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 to service area boundary agreements . V 550R0 97 G°s 01 own of Rflts oroug4 101 E. Orange Street P.O. Box 429 HILLSBOROUGH, NORTH CAROLINA (919) 732-2104 2 � T 27278 MEMORANDUM TO: Moses Carey, Jr. , Chair Orange County Board of Commissioners FROM: Horace H. Johnson, Mayorfl � 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 � 1 1 98 ATTACHKENT VI I.B 99 RESOLUTION RESPONDING TO THE PUBLIC WATER :-LVD 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 Hi(lsboroughs' 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. 2. 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 Scate 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. Onsire disposal systems shall continue to be permitted and inspected by the Orange County Health Department. Response to failing onsite disposal IUD-� systems shall continue to be dealt with by the Department of Environmental Managemenc in concert with the County Health Department. The Town stands ready to aid in the resolution of emergency situations in a way chat will nor place an undue burden on its facilities or its e.:dsring customers. The Town will provide water and sewer unary services based upon "Long Term" tilaster Plans. "Snort 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 day of May, 1995. Mayor Horace H. Johnson FITTEST: TOWN CLE 10 8 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 Tecommendations of the Orange County Water and Sewer Service Arca Boundaries Task Forcc, 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 enumerated in Objective 5 in the Task Force memorandum(Exhibit 1,Attachment 13) will require fiuther 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 fulfillment of the objectives and intent of the proposed agreement will require eventual participation and concurrence by the City of Durham. Town of Mebane,and Orange-Alamance 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 agrewacrit such as proposed by the Task Force is not legally binding unless ratified by North Carolina General Assembly. NOW,THEREFORE,BE IT RESOLVED: 1. That the Board of Directors of Orange Water and Sewer Authority endorses the straw line 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, 1994 Task Forte Report,contingtat on the following: A. That the governing bodies of Carrboro,Chagbl Hill,Hillsborough,Orange County,and OWASA ag=to seek legislation during the 1996(Short)Session of the North Carolina Cmumai Assembly that would snake legally binding a warm 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 unresolved in Attachment B of the December 14, 1994 Task Force,Report such that those items and definitions may be incorporated into the legislation proposed above. Issues to be clarified shall include,but not limited to,the specific scope of services and responsibilities within each provider's interest ava;!lnancial authority and funding arrangements for these services; OWASA review authority of all .a•J-cnML80it7 vrnrwr.%nil cevurer RYatrm>;pmposed for it:interest area. well av nther,ueTime!rnt issues listed in Exhibit 1,Attachment B. 1 O ti 9 Orange Water and ScwuL 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 Carrboro 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. �Junancc M.Andresen, Chairman ATTEST: Riley Wil Secretary-Treasures DISTRIB r Q -rj s- :t.•- if ^1K 1-1Z,,oa/ /.r TowN, OF CHAPEL HILL 306 NORTH COLUMBIA STREET CHAPEL HILL, NORTH CAROLINA 27516 OFFICE OF THE MAYOR (919)968-2714 June 29, 19 9 5 FAX 919-967-8406 Julie Andresen, Chair Orange Water and Sewer Authority Board of Directors 400 Jones Ferry Road Carrboro, NC 27510 Mr. Moses Carey Jr. , Chair Orange County Board of Commissioners PO Box 8181 Hillsborough, NC 27278 Mayor Horace Johnson Town of Hillsborough PO Box 429 Hillsborough, NC 27278 Mayor Eleanor Kinnaird Town of Carrboro 301 West Main Street Carrboro, NC 27510 Dear Eleanor, Julie, Horace and Moses: Re: Water and sewer service areas and related matters On June 26th, the Town Council unanimously adopted the enclosed resolution regarding water and sewer service areas and related matters. I hope that there will be consensus to continue the Task Force's discussion of these matters when -all of the governing boards have acted, and look forward to the opportunity to reach agreement. Sincerely, �L Kenneth S. Broun Mayor enclosure: resolution 104 I, Peter M.J. Richardson, CMC, Town Clerk of the Town of Chapel Hill, North Carolina, hereby certify that the attached is a true and correct copy of Resolution 95-6-26/R-15, adopted by the Chapel Hill Town Council on June 26, 1995 . This the 29th day of June, 1995 . Peter M J. Richard on, CMC Town C1 rk 8 A RESOLUTION REGARDING THE DECEMBER 14, 1994 REPORT OF THE TASK FORCE ON WATER AND SEWER SERVICE AREA BOUNDARIES IN ORANGE COUNTY (95-6-26/R-15} BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby submits the following comments regarding the report and proposal dated December 14, 1994 for long-term boundaries among water and sewer utilities including local governments in Orange County and regarding related matters: 1. The Council endorses the "straw line" proposal for long-term boundaries among water and sewer utilities including local governments in Orange County. 2. The Council proposes that Orange County governments and utilities enter into, on an interim basis, a memorandum of understanding to abide by the proposed utility boundaries pending a permanent agreement; and that such an interim agreement be drafted by the Task Force for consideration by the local governments and utilities. 3. The Council proposes that the Orange County, Hillsborough, Carrboro, Chapel Hill and OWASA representatives meet with representatives of additional jurisdictions and utilities such as the Orange-Alamance Water System Inc., the Town of Mebane and the City of Durham to determine whether they would be willing to enter into a utility boundary agreement an on interim basis for a term such as five years and on a long term basis such as for 20 years. 4. The Council proposes that representatives of the local governments and utilities discuss, in parallel with the utility service area boundary considerations, additional issues identified in the task force's December 14th report including responsibilities for dealing with failure of private community water and wastewater systems and with the consideration of proposed new community systems. BE IT FURTHER RESOLVED that the Council authorizes the Mayor to transmit this resolution to the Mayors of the Towns of Hillsborough and Carrboro, the Chairs of the Orange County Board of Commissioners and of the Board of Directors of the Orange Water and Sewer Authority and such other parties as the Mayor deems appropriate. This the 26th day of June, 1995. 106