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HomeMy WebLinkAboutAgenda - 12-03-2007-6eORANGE GOUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 3, 2007 Action Agenda Item No. (p - 2. SUBJECT: Authorization for OWASA to Accept Wastewater Flow from the Blenheim Woods Subdivision in Durham DEPARTMENT: County Manager and Co PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Packet from OWASA Containing the Documents Applicable to this Service Extension Minutes from 9/20/07 AOG Meeting INFORMATION CONTACT: Ed Kerwin, OWASA Executive Director 919-968-4421 PURPOSE: To present for the BOCC's approval and authorization a request from the City of Durham and the Orange Water and Sewer Authority (OWASA) to allow the connection of the proposed Blenheim Woods subdivision (located within Durham City and County) to the OWASA wastewater collection system. BACKGROUND: OWASA has received a request from :the City of Durham that OWASA provide wastewater collection utility service to a new development immediately adjacent to and on the Durham side of the existing Durham/OWASA service area boundary. The City has made this request so that it may avoid having to build a wastewater pumping station to convey the wastewater load from the proposed 57 residences of the subdivision to its own gravity collection system. If OWASA is to accept this proposal, the City of Durham would design, construct, finance, operate and maintain a collection system, meeting its own design and operational criteria, that would then be connected to OWASA's nearby wastewater collection infrastructure. OWASA would then bill the City of Durham for the cost of service as it would any sewer utility customer. OWASA's costs would be only those associated with maintaining its own infrastructure and treating the wastewater, and those costs would be recovered in full through the sewer charges to the City of Durham. Durham's request represents a "wastewater transfer" according to the tenets of the Water and Sewer Management, Planning, and Boundary Agreement, to which OWASA is a party along with Carrboro, Chapel Hill, Hillsborough, and Orange County. OWASA is sensitive to the fact that by accepting flows from this development or any other development outside of the OWASA service area, OWASA would be committing the necessary facility and applicable nutrient mass load capacities that meet the needs of that development. That means such capacity and nutrient mass load will not be available to meet OWASA's customer needs within its normal service area. OWASA recognizes that if it is to be the service provider for this development, it must acquire the approval from not only its own Board of Directors (fhis has already been accomplished) but also the approval of the elected boards of Carrboro, Chapel Hill, and Orange County. However, in terms of this particular situation, OWASA staff believes that the potential negative effects of Durham's request have already been offset by the fact that Durham has previously agreed to accept wastewater flows and nutrient loads from Orange County's Piney Mountain Subivision (which has almost the exact same number of residential customers). OWASA requested that this item be included on the agenda for the September 20, 2007 meeting of the Assembly of Governments. The proposal was discussed at that meeting. The substance of those discussions is reflected in the attached minutes. The OWASA Board strongly supports the request of Durham and is now asking the governing boards of Orange County, Town of Chapel Hill and .Town of Carrboro to consider and formally authorize OWASA to provide this service. FINANCIAL IMPACT: There is no financial impact to either Orange County or OWASA customers. Capital costs will be paid by the developer/City of Durham and sewer service costs will be paid through the City of Durham by the homeowners of Bleinheim Woods. RECOMMENDATION(S): The Manager recommends that the BOCC authorize OWASA to accept wastewater flow from the Blenheim Woods subdivision. J OWASA OF~ANGE WATER AND SE~~VER AUTHORITY Quality Service Since Y977 November 9, 2007 Chair Moses Carey, Jr. Mayor Mark Chilton Mayor Kevin Foy Orange County Town of Carrboro Town of Chapel Hill Post Office Box 8181 301 West Main Street 405 Martin Luther King Jr. Blvd Hillsborough, NC 27278 Carrboro, NC 27510 Chapel Hill, NC 27514 SUBJECT: PROPOSED TRANSFER OF WASTEWATER FROM THE CITY OF DURHAIVI TO OWASA FOR THE BLENHEIM WOODS DEVELOPMENT Dear Chair Carey, Mayor Chilton and Mayor Foy: This letter outlines OWASA's strong support and recommendation for your approval of the City of Durham, Department of Water Management's request that OWASA accept wastewater flows from the development of a parcel of property on the west side of George King Road (immediately adjacent to the Durham/OWASA service boundary). Your approval is required in accordance with the interlocal Water and Sewer Management, Planning and Boundary Agreement. BASIS FOR OWASA'S RECOMMENDATION FOR APPROVAL: / Durham, like OWASA, strongly prefers gravity sewer collection systems because they avoid the increased operational and maintenance costs, increased likelihood for spills and potentially adverse environmental consequences and increased noise and light pollution associated with pump station/force main arrangements. . / Approval, or disapproval of this request has no "growth" implications for this area. The Blenheim Woods development has already been approved by Durham and will happen, with or without a gravity sewer connection to the OWASA system. / Durham has confirmed that this is a "one of a kind" request and that they anticipate making no similar requests to OWASA in the future. / There are no policy or service boundary adjustment implications. Current policy allows approval of the request and no boundary adjustments are involved. / If approved, OWASA will recover all costs associated with this proposal as part of a written agreement between OWASA and Durham. / Under an existing agreement requested by the Orange County Board of County Commissioners and OWASA, Durham currently accepts wastewater flows from 59 OWASA customers in the Piney Mountain Subdivision in Orange County. 40o Jones Ferry Road Equal Opportunity Employer Voice (919) 968-4421 PO Box 366 Printed on Recycled Paper FAX (919) 968-4464 Carrboro, NC 275io-og66 www.owasa.org Proposed Wastewater Transfer from Durham November 9, 2007 Page 2 / We believe approval of the proposal is appropriate because it is important that all water/sewer utilities in the region mutually support one another when it is feasible to do so (it is important to remember that Durham was standing by to provide OWASA with finished water if it had been necessary in the aftermath of the August 8, 2007 fire at OWASA's Jones Ferry Road Water Treatment Plant), and that Durham has assisted the Chapel Hill-Carrboro community many times during past droughts and emergencies. BACKGROUND The City of Durham has executed an agreement with a developer, East West Partners Management Company, to provide water and sewer services to the Blenheim Woods development that will include 57 residential lots and connect Kinsdale Drive in the Oaks subdivision to George King Road. Attachment A shows the area to be developed and its proximity to the OWASA-Durham Service Area Boundary. Durham has requested that the development be allowed to connect to the OWASA sewer system to avoid the construction of a pump station that would otherwise be needed to convey the wastewater from this new development to the gravity flow portions of Durham's collection system. Durham's request is included as Attachment B. If this request is not approved, the developer would build a new wastewater pump station adjacent to the Chapel Hill corporate limits. Increased energy would be required to operate the station. Future failure of the station due to power outages or equipment malfunctions could result in the release of untreated wastewater. DISCUSSION OWASA believes that an agreement could be reached with Durham for OWASA to accept and treat the wastewater flows from the Blenheim Woods development through an arrangement similar to the one already in place for the Piney Mountain Subdivision, where Durham accepts and treats wastewater from OWASA (Orange County) customers in that area. The City of Durham (or the new customers within the proposed subdivision) would be required to pay all OWASA applicable charges for sewer service, including service availability fees and ongoing charges for the collection and treatment of the wastewater received by OWASA. OWASA would not incur capital costs for construction of the system, and Durham would be treated the same as any other third party developer regarding requirements to connect and introduce wastewater into our system. The collection system would be built to Durham's standards and specifications up to the point where the actual connection is made with the OWASA system. s Proposed Wastewater Transfer from Durham November 9, 2007 Page 3 Durham would be responsible for all operations, maintenance, repair, and any future replacement of the collection system and its components up to the point where their collection system connects to OWASA's system. If OWASA were to accept wastewater flows from this development or any other development outside of the OWASA service area, OWASA would be committing the necessary facility capacity and applicable nutrient mass load to meet the needs of that development. That means such capacity and nutrient mass load will not be available to meet OWASA's own customers' needs. That certainly is an important concern, especially in light of the very strict nutrient mass load limits the North Carolina Environmental Management Commission has proposed to protect Jordan Lake water quality. For this particular request from Durham, OWASA staff believe these effects are offset by the fact that Durham previously agreed to accept wastewater flows and nutrient loads from almost the exact same number of residential customers that OWASA serves in the Piney Mountain Subdivision. Attachment C is a letter from Durham stating that the request being made for Blenheim Woods is the only location where Durham anticipates requesting that OWASA accept wastewater flow from any portions of their service area. ACTIONS I2EOUIRED Durham's request represents a "wastewater transfer" according- to the Water and Sewer Management, Planning, and Boundary Agreement, to which OWASA is a party along with Carrboro, Chapel Hill, Hillsborough, and Orange County (Section Ili, Definitions: A Wastewater Transfer is "Any transfer from one wastewater service provider to another wastewater service provider'). Approval by the OWASA Board of Directors, the Carrboro Board of Aldermen, Chapel Hill Town Council, and Orange County Commissioners is required per the above-referenced Agreement (Section VII.C. "Wastewater transfers are only permitted with the approval of the Orange County Board of Commissioners and the elected or 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 the elected boards of Carrboro, Chapel Hill, and Orange County.'). CU][2RENT STATUS The OWASA Board of Directors approved and expressed support of Durham's request at their September 13, 2007 meeting. The past-Chairman of the OWASA Board of Directors, Mac Clarke, presented Durham's proposal and confirmed OWASA's support of that proposal at the September 20, 2007 Orange County Assembly of Governments' meeting. This presentation provided local community leaders with an improved understanding of the rationale behind Durham's request and the basis for OWASA's approval and support of the proposal. Proposed Wastewater Transfer from Durham November 9, 2007 Page 4 Many of the questions posed during these meetings, and other less formal inquiries, are addressed in Attachment D. CLOSING For the reasons outlined above, OWASA requests your approval of Durham's proposal. Best regards, ....- ~-~' ww~ Randy Kabrick, P. E. Chair, Board of Directors Attachments c: OWASA Board of Directors (w/attachments) Ms. Laura Blackmon, Orange County Manager (w/attachments) Mr. Roger Stanch, Chapel Hill Town Manager (w/attachments) Mr. Steve Stewart, Carrboro Town Manager (w/attachments) Ed Kerwin, OWASA Executive Director (w/attachments) Bob Epting, Epting & Hackney (w/attachments) ~~ ~ ~ wi ~ ~ ~ ~ 1 / / N o ~,ooo owasA A Feet Date: 8/14/07 DURHAM o Administration 560-4381 Cll"Y ®F DURHAM DEPARTMENT dF WATER MANAGEMENT ~.~ Customer B~Ilinq Sep ~+ces 101 C11Y WALL PLAZA DURHAM, NC 27701 560-4412 919.560.4381 fax 919560.4479 www.durharnnc.gov ~ .560-4366 Serv~cer 1869 Cf1YOFMEgOt~ -~ Plant Maintenance 550-4388 Wastewater Treatment North Durham - S6i1-438 South Dufiarn - 560-4335 August 6, 2007 O Water Supply & Treatment` Wil{iams - 560-434y Mr. Ed Kerwin. Brown - 56o-436z Orange Water and Sewer Authority Ct Water & sewer Maintenance 400 Jones Ferry Road 560-4345 Canhoro, North Carolina 2'710 RE: Proposed Wastewater Transfer Blenheim Woods Development George King Rd. Dear Ed, The City has been approached about serving a potential development of a parcel of land on the west side of George King Road. Attached you will find maps showing the proposed development. The parcel is adjacent to the Durham-OWASA service boundary. The project is for 57 lots and connects Dale Dr. to George King Rd. The property tivas annexed into the City of Durham prior to rezoning for the subdivision. The City has executed an extension agreement with the developer to serve the property with water and sewer. Iu order to avoid having to construct and maintainz a small pump station to serve this development Durham is interested in working out an agreement for OWASA to accept the flow from the development anal bill the City. The terrain of the property drains tov~~ards the existing sewer in the The Oaks Subdivision served by OWASA. A sewer outfall to serve the development cats easily be constructed from the existing sewer in The Oaks. As you know tl~te cost of maintaining pump stations, even small ones, is significant. We currently maintain over sixty pump stations. In addition, pump stations have a much higher risk for failure than gravity sewer, Avoiding a pump station would also be a benefit to the surrounding homeowners by avoiding the noise of the pumps operating, the cycling of the emergency generator, lights from the station at night and avoiding the regular and emergency visits from maintenance crews. The billing fox the development could be combined with the cui~ent arrangement we have together for the Piney Mt. subdivision iu Chapel Hill that Dtuham receives flow from. OWASA would be compensated any initial charges, such as capital facility fees, etc., that you uoz~ally charge new residential development. , Good Things Are Happening !n Durhom -l I would be happy to meet vrith you and your staff to discuss this mat#er. Mr. Mason Cram and Mr. Jahn Greene of O~JASA are aware of this proposal. `JVe would be happy to attend any board meetings necessary to move this issue forward. if you have any questions, please contact me at your convenience. Sincerely, A.Z :Rohn -- Director Cc: Don Greeley, Wa#er Management Jim Harding, eater Management John Greene, OWASA Masan Crum, OWASA ~-»= uw wx-aa~w ~cr som.r ~ •aa m zrra zmem ~r~a t /aamaadesrmx: -- 8 'DHI'llhI6df~Op '~ s~nav~~-~xxor $~ ... a}u ~ro r~ ~r em a g3E0dOVd Hl~R'l02iF7J I3R3ld'iRdAffiitI ~ ~ d ~ a~oi~ ~.~x ~oxo~~ G ~ I yR S + ~+ `+~ ~ ~ i a ~ `` `~ ` ~` ~+ . . t R ~~~ ' . ~- i - ~" +~+ li~. afi i ~ ~~~ r Ir~O~ 1 ~~~~t J ~~ ! 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'~. ...r --- •-• ,M1 ~o` ~ ~ i ~ ~. _N~ ngh5m~0i-x-. .~T3.. i ~ -.,~_ ~ ~ ? .~ ~~ s~ '~%. _! ~ „D~?: ~ - i ~,. dW°H :S .'~ ;y: . r ~a DURHAM CITY OF DURHAM DEPARTMENT OF WATER MANAGEMENT 101 CITY HALL PLAZA • DURHAM, NC 27701 919-560-4381•FAX 919-560-4479 www.durhamnc.gov 18b9 ~aF September S, 2007 Mr. Ed Kerwin Orange Water and Sewer Authority 400 Jones Ferry Road Carrboro, North Cazolina 27710 RE: Proposed Wastewater Transfer Blenheim Woods Development George King Rd. Dear Ed, Thank you for your continued support of OWASA accepting wastewater flow from Durham in order to allow a potential development of a parcel of land on the west side of George King Road. Mason Crum of your office related to us the question from, the OWASA board about whether or not there would be any additional requests from Durham in the future. In studying our service area boundary line we do not anticipate the need to make any more requests of this kind in the future. As you know our service boundary lines runs from Cornwallis Road in the north to the southern Durham County line. In the area south of NC 54 Durham already provides service to property adjacent to the boundary line or the land separating the two service areas is owned by the US Army Corps of Engineers. In the azea north of US 15-501 the land adjacent to the boundary line on the Durham side is either already serviced by Durham or tributary. back towazds our system. For the area between NC 54 and US 15-501 we currently provide service to all the property north of the proposed development. The undeveloped land south of the development (see attachment) will either be serviced by a future pump station located adjacent to Corps Property or by gravity to the Celeste Circle Pump Station: I will be able to attend the OWASA Board meeting on September 13'Y`. If you have any questions, please contact me at your convenience. Sincerely, Donald F. Greeley, PE, PL Deputy Director Cc: Don Greeley, Water Management Jim Harding, Water Management John Greene, OWASA Masan Crum, OWASA Good Things Are Happening !n Durham l3 Questions Raised Regarding the Potential Transfer of Wastewater to OWASA from the Blenheim Woods Development in Durham 1. Would a failure to approve Durham's request prevent the Blenhei Woods development from moving forward? No. The City of Durham has akeady executed an agreement with the project developer, East West Partners Management Company, to provide water and sewer services to the new Blenheim Woods development that will include 57 residential lots. Failure to approve Durham's request would simply mean that the area would be served by a sewer pump station and force main rather than the preferred gravity flow arrangement. 2. Does approval of Durham's request result in a savings for the developer? Yes. The construction of a pressurized system and the associated pump station would cost the developer marginally more than a gravity system. However, once the developer completes construction of the system (to Durham's standards) ownership of the system is transferred to Durham which would then be responsible for all future operational, maintenance and repair costs. Durham's request has nothing to do with reducing the initial construction costs for the development. Instead, Durham is making this request so that they can avoid the increased operational and maintenance costs, increased likelihood for spills and potentially adverse .environmental consequences, and increased noise and light pollution that comes with a pump station and force main arrangement. 3. Is this wastewater transfer request from Durham a "one time only" event, or just the first of others that are to follow? This a one time request from Durham. Durham has made it clear that they anticipate making no similar requests in the future. 4. Who pays? Durham and/or its customers will pay all costs associated with this initiative. If Durham's request is approved, it is envisioned that an agreement could be reached with Durham for OWASA to accept and treat the wastewater flows from the Blenheim Woods development through an arrangement similar to the one already in place for the Piney Mountain Subdivision, where Durham accepts and treats wastewater from OWASA (Orange County) customers in that area. OWASA would incur no capital costs for construction of the system, and Durham would be treated the same as any other third party developer regarding requirements to .connect to and introduce wastewater into OWASA's system. Attachment D i ~- Durham would also be responsible for all operations, maintenance, repair, and any future replacement of the collection system and its components up to the point where their collection system connects to OWASA's system. OWASA would require payment of the sewer service availability fee when each home is connected to the sewer collection system and the normal sewer commodity rates (per 1000 gallons of usage) that are based on the amount of potable water consumed would apply (OWASA's sewer commodity rates assume 90% of potable water consumed by a household returns to the sewer system for treatment at the Mason Farm Wastewater Treatment Plant). It is worth noting that Durham charges a "Capital Facilities Fee" prior to connection to their system. Their fees are based on meter size, and the cost for a standard residential 5/8" water meter is $915. OWASA's counterpart to Durham's "Capital Facilities Fee" is the "Sewer Service Availability Fee". OWASA's availability fee charges are based on the size (heated square feet) of the home. OWASA's Sewer Service Availability Fee fora 2,500 square foot home utilizing a standard 5/8" meter is $3,677. 5. What size homes will be constructed in the Blenheim Woods development? According to the developer, East West Partners, they anticipate that the homes will be in the 1,800 - 3,000 square foot range with most of the homes being around 2,500 square feet. 6. What has to happen in order for the transfer to occur? The first step in the process, OWASA's approval of the initiative, occurred during the September 13, 2007 OWASA Board Meeting. In order for the initiative to move forward it will require the approval of the Orange County Board of Commissioners, Chapel Hill Town Council and the Carrboro Board of Alderman. If all of these approvals are obtained, the final step would be for OWASA staff to enter into an agreement with Durham outlining payment arrangements and each party's responsibilities under the transfer agreement. Attachment D ~:~ ~~~ a ~ a~~~~ 5 ew~.a~ o"ff" ~~'~ r /U1e~~1~ /1%1«~-cs Chair Carey said that Chatham County is moving down an independent road, and he thinks that the current Chatham County Commissioners realize that they have an impact on Orange County regardless of what Orange County does. He thinks that Chatham County wants to work with Orange County. He said that this is an opportunity to increase awareness and there are no decisions to be made at this time. Bill Strom said that all boards should receive information and be able to ask questions. It is really difficult to come into this format and hear the leaders are not exactly aligned. He said that the information is third hand and he would like to have alignment of leaders. Mayor Foy said that there should be open meetings and everyone should be invited. At this point, the attendees are trying to articulate the impressions of the meeting. Chair Carey said that the information is not third hand because it is directly from OWASA. Dan Coleman said that at the meeting with Chatham County, the Chatham County Commissioners were clear that they saw the intake as advantageous. Mayor Chilton said that it is important to have some mutual assurances between Chatham and Orange Counties about the planning for the future. Whatever the relationships are, they should be two-way relationships, and they should be binding in a way that the results of a particular election could not undo. There should be a legally binding aspect for a substantial period of time. Randee Haven-O'Donnell said that a regional approach is critical. She would also like to see how a regional approach can address the Jordan Lake rules. Commissioner Jacobs said that the Chatham County Commissioners have expressed just as much concern about what was done before they took office as Orange County has expressed for the last 20 years. He said that having a mutual understanding of the interests across the boundaries is going to help Orange County. He further clarified how the meeting with Chatham County came about. It was decided to have one more organizational meeting In October before opening it up to all of the boards so everyone would be invited to the meetings. Jim Ward said that UNC is doing a study with OWASA, Cary, and Durham, and this needs to be part of the discussion. t5 b. OWASA Presentation on City of Durham's Request for OWASA to Provide Wastewater Collection Service for 57 Residential Lots in the Blenheim ~""' Woods Subdivision OWASA Board Chair Mac Clarke made this presentation. This is a request to consider that OWASA should provide wastewater collection services for 50 residential lots in the Blenheim Woods Subdivision. Durham approached OWASA with this request, because for Durham to handle the wastewater from this new development will require the installation of a pump station. OWASA does not like pump stations, so gravity removal of the wastewater is highly desirable. The topography in this area does support the removal of the wastewater from this new development to the OWASA plant. The OWASA Board discussed this in some detail, and one of the concerns was that this would be a precursor to a larger request in the area because there are other areas of undeveloped land in this immediate vicinity. Durham has assured OWASA that this is a one-time proposal and it is not anticipated that there would be a similar request in the future. He said that OWASA is in the process of upgrading the interconnection between Durham and Chapel Hill to allow for greater volume transfers of water to or from Chapel Hill and Carrboro. He emphasized that this is for emergency use and not a precursor to some regular arrangement to move water in either direction. The upgrade will increase the capability here from 3.5 mgd to 7 mgd. The OWASA Board strongly supports this request and asks the local governments to approve this request because it goes outside of the service area agreement. l~, Chair Carey said that OWASA will be formally asking each jurisdiction to act on this matter at a later time. Mayor Chilton said that this is a proposed new development of 57 homes. However, compared to a neighborhood in Orange County that was already populated that had been developed many years ago and where existing septic systems failed, it is considerably different. Mac Clarke said that there is a similarity in that, in both cases, there is no legal obligation on either party to facilitate the operations of the other. Durham could have refused to help OWASA, but agreed to help: This is what Durham is asking OWASA to do in this request. Jacquelyn Gist asked if these would be large homes on large lots and it was answered that there would be large homes. She said that she is concerned with the large amount of water used for green lawns and the stuff that is put on the lawns to keep them green, which would be entering in to Orange County's wastewater system. She would propose that maybe OWASA could come up with a deal that it would be landscaped in such a way that water would not be wasted, using xeri-scaping or somehow recycling gray water. Mac Clarke said that OWASA has no control over the nature of this development and how it might be landscaped. He said that this would not affect the question of water going into the sewer system. OWASA will be charging on the same basis that it would charge any OWASA customer, which is thaf the charge will be related to the total volume of water used each month by each particular resident with the appropriate sewer rate fee charged on that volume. Commissioner Gordon asked if this system would be configured so that other people could-tap on if they were allowed. Mac Clarke said that an agreement could be drawn up to ensure that, so far as the 57 homes are concerned, they will be the only ones that will connect to OWASA. Commissioner Gordan said that if the line is configured so that someone else can tap on, someone might be able to sue and force OWASA to allow it. Donald F. Greeley, a representative from Durham, said that this development is literally a small pocket of land on the top of the hill. Mayor Chilton asked if there were policies in place or an agreement with the City of Durham that would prevent the City of Durham from entering into Orange County with its sewer service without this being approved by the County Commissioners. Donald F. Greeley said that there is a service area agreement with OWASA that extends from Cornwallis Road in the north to the Durham County line in the south. Mayor Chilton said that the financial savings should not accrue to the developer because he bought this property understanding this situation. If the developer did not buy this properly understanding this situation, that is his problem or his fault. He said that it seems that the money that is being saved on the pump station ought to accrue to the benefit of OWASA or its customers. Mac Clarke said that each of these 57 dwellings will pay an accessibility fee to OWASA based on the scale of fees that is charged for anyone in the system. Mayor Chilton said that if in the end the developer is going to make more money because OWASA agrees to this change, he feels like OWASA ought to have a conversation with the developer about recouping some of the savings. Cam Hill said that if all OWASA is about is selling services and making money, then this makes sense, but some of the land use planning in that area is not good. This does not appeal to him. Randee Haven-O'Donnell said that she sees this as the beginning of more requests to come. Review of Revenue Options Available to County to Replace Sales Tax and Other County Revenues to be Taken by the State (including Lost and New Revenue Sources and Amounts and Options Available to Orange County by Referendum)