HomeMy WebLinkAboutAgenda - 09-06-2007-6bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 6, 2007
Action Agenda
Item No. (a,-
SUBJECT: Re-authorization of County Participation in the Triangle Area Water Supply
Monitoring Project, Phase 6
DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Packet from TJCOG Containing
Interlocal Agreement and Scope of
Work
INFORMATION CONTACT:
County Engineer, 919-245-2303
PURPOSE: To present to the BOCC, for its approval and ratification, a resolution that both
amends the interlocal agreement governing the Triangle Area Water Supply Monitoring Project
and reauthorizes continuing County participation in what is now Phase 6 of the project.
BACKGROUND: In 1988, Orange County and a number of other Triangle-area local
governments and agencies involved in providing drinking water derived from surface waters
entered into a interlocal agreement to fund a project designed to acquire water quality data on
the area's raw water supplies. These governments and agencies contracted with Triangle J
Council of Governments and the US Geological Survey (USGS) to conduct a three year
program of: a) sampling, monitoring and analyzing (laboratory analysis) the regions raw water
supplies (rivers, lakes and reservoirs); and b) evaluating the significance of the findings in terms
of detecting and explicating trends in the improvement or decline in water quality.
The initial three years (Phase 1) of the project were completed in 1991. At the time, data
analysis indicated that existing water quality was generally higher than anticipated. However,
the governments and agencies participating in the project concluded that much more needed to
be learned about the area's water supply quality and actual and potential sources of water
quality impact. Accordingly, the project participants agreed to extend the project (Phase 2) for
an additional four years and modified/re-authorized the interlocal agreement at unchanged
funding levels.
In 1995, the governments and agencies (with the exception of the City of Raleigh, the project's
largest funding contributor) again modified/re-authorized the project (Phase 3) for four additional
years with new and additional monitoring, data collection and evaluation goals and needs. In
1999, the project was re-authorized once again for fours years with slight modifications (Phase
4)
2
Throughout the years of re-authorizing successive phases of the project, the County's funding
contribution increased only slightly, never exceeding $3,500'per year (with an Orange-Alamance
contribution of up to $800 per year).
In 2003, the Triangle Area Water Supply Monitoring Project was re-authorized - as Phase 5 -
with a fairly substantial cost increase and a new methodology of calculating each participant's
cost share. Accordingly, every participant's share increased rather dramatically with the
exception, of the City of Durham (as the largest participating water user after the City of Raleigh
withdrew from the project), which had been paying the lion's share of the project costs
(approximately 50% of the total project cost). Orange County's share of the project cost was
nearly doubled (to approximately $6,800, not including any contribution from Orange-
Alamance). It is important to note, however, that Orange County's local share of cost for
operating the stream flow-monitoring gage at Hillsborough is included in this project. Should
Orange County withdraw as a project sponsor, the County - which is obligated by the terms of
the Eno River Capacity Use Agreement to ensure (by funding arrangement with the USGS) that
the gauges continue to operate - would be faced with paying the $3,500 annual local share
required to maintain the Eno gauge.
The Triangle Area Water Supply Monitoring Project (as Phase 6) is again up for re-authorization
of a modified version of the project. Even though the City of Raleigh and the South Granville
Water and Sewer Authority have joined the group of local governments and water suppliers
sponsoring the project, costs have again risen significantly. However, as noted above, Orange
County's costs related to the operation of the Eno River monitoring. gauge at Hillsborough are
absorbed in this project's costs and the net cost for Orange County's participation in the Triangle
Area Water Supply Monitoring Project is actually less than $9,000 per year. In addition, the
monitoring program continues to provide water quality and water quality impact data that are
invaluable to other water quality monitoring projects of interest to Orange County: 1) the
monitoring program provides water quality data and identifies sources of water quality impact
(based on a sort of on-the-fly sampling and testing of various stream tributary locations during
storm events) that are useful in the work to develop a Jordan Lake nutrient reduction strategy;
and 2) the program will provide data that will be useful in the planned Jordan Lake feasibility
study that can be expected to have implications on the portions of the Jordan Lake watershed
within the jurisdictions of Chapel Hill, Carrboro and Orange County.
FINANCIAL IMPACT: The total expected cost is approximately $12,000 per year, less the
Orange-Alamance contribution (currently $800 per year). The project is currently budgeted at
$7,000 per year. The Budget Director advises that sufficient funds are included in the 2007-08
Governing & Management Non-Departmental function to cover the remaining cost of the project.
RECOMMENDATION(S): The Manager recommends that the BOCC re-authorize the County's
continued participation in the Triangle Area Water Supply Monitoring Project (Phase 6) for the
next five years and direct the Manager to execute the interlocal agreement.
3
STATE OF NORTH CAROLINA
COUNTY OF CHATHAM
COUNTY OF DURHAM
COUNTY OF GRANVILLE
COUNTY OF ORANGE
COUNTY OF WAKE
INTERLOCAL AGREEMENT
for
PHASE VI
of the
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
THIS AGREEMENT is made and entered into by and between the County of Chatham; the
County of Orange, the County of Wake, the Town of Apex, the Town of Cary, the City of
Durham, the Town of Hillsborough, the City of Raleigh, the Orange Water and Sewer Authority
and the South Granville Water and Sewer Authority (hereinafter, the "Participants"), to be
effective from and after July 1, 2007.
WITNESSETH:
WHEREAS, on August 18, 1988, several local governments in Region J entered into an
interlocal agreement to establish the Triangle Area Water Supply Water Quality Monitoring
Project (hereinafter, the "Monitoring Project") applicable to certain surface water supplies in
Region J; and
WHEREAS, the local governments participating in the project established a Monitoring Project
Steering Committee (hereinafter, the "Committee") to make technical, financial, and
administrative recommendations to the participating local entities; and
WHEREAS, the Monitoring Project has been continuously funded through a Joint Funding
Agreement with the US Geological Survey (hereinafter, the "USGS") through June 30, 2007 as
described in Attachment A; and;
WHEREAS, the Monitoring Project will complete its Phase V monitoring program on June 30,
2007; and
WHEREAS, said Committee has determined that additional monitoring is needed and desirable
to meet the objectives of measuring water quality conditions and long-term trends in water
quality;
NOW, THEREFORE, the parties hereto desire to enter into an Interlocal Agreement pursuant to
GS 160A for the purpose of operating a water quality monitoring project for the Triangle Area
surface water supplies. Toward that end, the Participants have agreed to the following
requirements and conditions:
Page 1 of 18
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
Section 1. Purpose of the Project
A. The primary objectives of the Monitoring Project are to:
1. Supplement existing data on major ions, nutrients, and trace elements to enable
determination of long-term water quality trends;
2. Examine the differences in water quality among water supplies within the region,
especially differences among smaller upland sources, large multi-purpose reservoirs,
and run-of-river supplies;
3. Provide tributary loading data and in-lake data for predictive modeling;
4. Establish a database for the presence or absence of synthetic organic compounds in
surface waters in the region; and
5. Report results of the monitoring program to governmental officials, the scientific
community, and the general public.
B. The objectives for Phase VI of the Monitoring Project are to:
1. Continue water quality monitoring at the sites and frequencies and for the parameters
listed on Table 1 of the Monitoring Project Proposal for Phase VI (see Attachment C);
2. Continue stream flow gaging at the sites also shown on Tables 1 and 2 of Attachment
C;
3. Increase data collection at existing tributary sites during high-flow events as shown
on Table 2 of Attachment C;
4. Collect replicate samples of chlorophyll a to compare Monitoring Project results with
those of the NC Division of Water Quality (hereinafter, the "DWQ");
5. Conduct additional monitoring and data analysis to ascertain the occurrence and
distribution of mercury in the Monitoring Project study area and prepare an
interpretive report on the findings; and
6. Support the USGS application for DWQ certification for selected field parameters
and laboratory analytes, including nitrogen and phosphorus fractions, chlorophyll a,
and selected metals and trace elements.
Section 2. Roles of the Participants, Managing Agent and Committee
A. The role of the Participants is to provide funds for the local portion of the Monitoring
Project costs and to provide representatives to the Committee.
B. The role of the Managing Agent is to:
1. Act on behalf of the Committee in contractual agreements;
2. Provide overall project management services that will include, but not be limited to,
coordination among technical contractors, data management and periodic summaries
to the Participants; and
3. Provide administrative support to the Committee, such as meeting announcements,
minutes, billing and overall accounting.
C. The role of the Committee is to provide Monitoring Project oversight. The Committee
will consist of one member, each entitled to a single vote, appointed by the Manager or
Administrator of each Participant. All appointments shall be made by July 31, 2007.
Page 2 of 18
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT S
1NTERLOCAL AGREEMENT
The Committee's first meeting shall be convened by September 1, 2007 and chaired by
the current Committee Chair representative. During the meeting the Committee will
select officers from among its members and may adopt any rules or procedures it deems
necessary.
The principal charge to the Committee is to oversee the Monitoring Project's timely
execution and to ensure the responsible expenditure of public funds. The Committee shall
have authority to modify the Monitoring Project's scope of work; to establish an annual
budget; to establish annual local costs (subject to the Participants' approval); and to enter
into contracts or agreements for carrying out the Monitoring Project. The Committee may
not acquire any real property pursuant to this Agreement. The Committee will contract
with a Managing Agent. All actions by the Committee or its Agent related to the
administration or disbursement of monies shall be in accordance with all applicable State
statutes and other rules of fiscal control applicable to local government units.
Section 3. Funding of the Project
Total local costs for the entire Phase VI-of the Monitoring Project are $2,134,125, but are subject
to change if the Monitoring Project is modified by the Committee as specified in Section 2.C.
The annual funding support provided by Participants for local fiscal years 2008 through 2012
shall be as shown in Attachment B, or as otherwise necessary to undertake the.project as
recommended by the Committee, provided, however, the funding level does not exceed the
Participants' projected share of annual costs for FY 2008-12. Participants' local annual costs will
be determined on or before March 1 preceding each local fiscal cycle for which funds are to be
budgeted. Annual local costs will be payable on or before August 31 of the fiscal year for which
they are budgeted. Payments will be made to the Managing Agent as herein designated.
Section 4. Terms of Agreement
This agreement shall become effective July I; 2007, and shall continue until the completion of
the Monitoring Project, or until June 30, 2012, whichever is earlier, unless otherwise extended.
Participants do hereby enter into this Agreement with the intent of providing funds on an annual
basis necessary for completing the Monitoring Project.
Participants may withdraw from, or additional units of local government may join, this
Agreement, effective July 1 of any year, provided they have given written notice to the
Committee by January L of that calendar year.
In consideration of the signing of this contract, the parties hereto for themselves, their agents,
officials, and employees and servants agree not to discriminate in any manner on the basis of
race, color, creed, national origin, sex, age, handicap, or sexual orientation with reference to the
subject matter of this contract.
Page 3 of 18
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
ATTEST:
Laura E. Blackmon, County Manager
Orange County
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
Kenneth Chavious, Chief Finance Officer
Orange County
Page 5 of 18
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
ATTACHMENT A
SUMMARY OF TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
PARTNERSHIP, AUGUST 1988 - JUNE 2007
Because of reliance on surface water for water supply and the potential impact of growth on the
quality of the region's water supply sources, local governments in the region recognize that
water quality monitoring is crucial to the protection of the Triangle Area's surface water
resources. In 1988, a number of local governments in the six-county region, with assistance from
the Triangle J Council of Governments, formed the Triangle Area Water Supply Monitoring
Project to systematically evaluate the quality of several water supply sources in the region. With
assistance from the US Geological Survey (USGS), the Project has collected and analyzed water
quality samples from reservoirs and streams and collected continuous discharge record from
streams in the study area for more than 15 years. These data, along with data collected by the
North Carolina Division of Water Quality (DWQ) and with data collected as part of a program of
the USGS, the US Army Corps of Engineers, and the City of Durham, form a long-term
comprehensive data base on the quality of many of the area's water supply reservoirs and rivers,
and selected tributaries to those water supplies.
In the last 15 years, concerns about water quality of the area's water supplies and the impact of
development on reservoir eutrophication and contaminant concentrations have remained
prominent, although specific concerns have changed. Monitoring initially focused on
determining the occurrence of synthetic organic compounds in the water column and bed
sediments; later monitoring and interpretive efforts focused on nutrient and sediment loads and
trends. Issues such as the occurrence of disinfection by-products, microbial pathogens, and
pharmaceutical and personal care products have also been addressed.
Phase I of the Project began with the execution of an interlocal agreement on August 18, 1988.
At that time, the local government partners consisted of Chatham County, Orange County, the
Town of Apex, the Town of Carrboro, the Town of Cary, the Town of Chapel Hill, the City of
Durham, the Town of Hillsborough, the Town of Pittsboro, the City of Raleigh, the City of
Sanford, and the Town of Smithfield. Phase I concluded in June 30, 1991.
Phase II of the Project began on July 1, 1991 with the execution of an amendment to the original
interlocal agreement. At that time, the local government partners consisted of Chatham County,
Orange County, the Town of Apex, the Town of Carrboro, the Town of Cary, the Town of
Chapel Hill, the City of Durham, the Town of Hillsborough, the City of Raleigh, the City of
Sanford, and the Town of Smithfield. The Town of Pittsboro had left the Project after Phase 1.
Phase II concluded in June 30, 1995.
Phase III of the Project began on July 1, 1995 with the execution of an amendment to the original
interlocal agreement. At that time, the local government partners consisted of Chatham County,
Orange County, the Town of Apex, the Town of Carrboro, the Town of Cary, the Town of
Page 14 of 18
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
Chapel Hill, the City of Durham, the Town of Hillsborough, and the City of Sanford. The City of
Raleigh and the Town of Smithfield had left the Project after Phase II. Phase III concluded on
June 30, 1999.
During Phase III, the Town of Chapel Hill and the Town of Carrboro agreed that the Orange
Water and Sewer Authority would enter into the same interlocal agreement on behalf of the
Town of Chapel Hill and the Town of Carrboro to continue the Project from that point forward.
Phase IV of the Project began on July 1, 1999 with the execution of an amendment to the
original interlocal agreement. At that time, the local government partners consisted of Chatham
County, Orange County, the Town of Apex, the Town of Cary, the City of Durham, the Town of
Hillsborough, and the Orange Water and Sewer Authority. The City of Sanford had left the
Project after Phase III. Phase IV concluded on June 30, 2003.
Phase V of the Project began on July 1, 2003 with the execution of an amendment to the original
interlocal agreement. At that time, the local government partners consisted of Chatham County,
Orange County, Wake County, the Town of Apex, the Town of Cary, the City of Durham, the
Town of Hillsborough, the Town of Morrisville, and the Orange Water and Sewer Authority.
Wake County and the Town of Morrisville had joined the Project for Phase V. Phase V will
conclude on June 30, 2007.
During Phase V, the City of Raleigh rejoined the Project with the execution of a confirmation of
understanding effective on July 1, 2005.
Phase VI of the Project will begin on July 1, 2007 with the execution of a new interlocal
agreement. At that time, the local government partnership is expected to consist of Chatham
County, Orange County, Wake County, the Town of Apex, the Town of Cary, the City of
Durham, the Town of Hillsborough, the City of Raleigh, the Orange Water and Sewer Authority,
and the South Granville Water and Sewer Authority. The Town of Cary will assume the cost
share and responsibilities of the Town of Morrisville, and the South Granville Water and Sewer
Authority will join the Project for Phase VI. Phase VI will conclude on June 30, 2012.
Throughout the history of the Project, the local government partnership has leveraged its local
contributions with a major cost share match through a Joint Funding Agreement with the US
Geological Survey.
Page 15 of 18
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
1NTERLOCAL AGREEMENT
ATTACHMENT B
TAWSMP ANNUAL COST SHARES FOR PHASE VI:
FY 2008 - FY 2012
The annual cost for Phase VI of the Triangle Area Water Supply Monitoring Project is $721,500.
The US Geological Survey will provide a forty-five percent cost share match of $324,675. The
Monitoring Project Partners' total annual cost for Phase VI is the remaining $396,825, plus
$20,000 for TJCOG services and support, plus $10,000 to rebuild a contingency balance. The
Monitoring Project Partners' individual annual cost shares are the sum of a base rate and a
variable rate. The base rate is thirty percent of the total annual Monitoring Project Partners' cost,
which is thirty percent of $426,825, divided equally among the Monitoring Project Partners. The
variable rate is seventy percent of the total annual Monitoring Project Partners' cost, which is
seventy percent of $426,825, multiplied by each Monitoring Project Partners' percentage of the
total average annual water use during Fiscal Year 2006 for all Monitoring Project Partners.
Project Partners
Cary (includes Morrisville)
Chatham County
Durham
Hillsborough
Orange County 2
Orange Water and Sewer Authority
Raleigh
South Granville WASA
Wake County
Total
Average Annual Share of Total Variable Rate Base Rate Phase VI Annuall
Daily Water Use Water Use Cost Share Cost Share Cost Share
(mgd)
3.24 2.8% $8,446 $11,641 $20,087
14.15 12.3% $36,887 $23,281 $60,168
1.49 1.3% $3,884 $11,641 $15,525
29.44 25.7% $76,753 $11,641 $88,394
1.278 1.1% $3,332 $11,641 $14,972
0.12 0.1% $323 $11,641 $11,964
8.69 7.6% $22,653 $11,641 $34,294
53.23 46.4% $138,762 $11,641 $150,403
2.388 2.1% $6,225 $11,641 $17,866
0.58 0.5% $1,512 $11,641 $13,153
114.61 100% $ 298,778 $ 128,048 $426,825
Notes:
1. Based on raw water withdrawals during the FY 2005-2006 year as reported by the Partners.
2. Orange County's Average Annual Daily Water Use is based on the percentage of the Orange-Alamance
Water System service area located within Orange County, as indicated in their 1997 Local Water Supply
Plan.
Page 16 of 18
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT ?Q
INTERLOCAL AGREEMENT
ATTACHMENT C
Tables 1 and 2, below, are from the US Geological Survey's Proposal to the Triangle Area
Water Supply Steering Committee for Water Quality Monitoring and Assessment for Selected
Streams and Reservoirs in the Triangle Area of North Carolina: Phase VI of the Triangle Area
Water Supply Monitoring Project, July 2007 through June 2012.
TABLE 1- ROUTINE WATER QUALITY SAMPLING SITES AND CONSTITUENTS
No. USGS samples er year
Near a Stream- Major Chloro-
USGS Sampled supply flow ions, phyll Trace
number Site Location in NC by intake gage nutrients lakes metals
02085000 Eno River near Hillsborough USGS yes yes 6 -- .2
Little River Reservoir at dam near
0208524845 Bahama USGS es n/a 4 4 2
02086490 Lake Michie at dam near Bahama USGS yes n/a 4 4 2
DWQ
02086920 Falls Lake at I-85 near Redwood USGS -- n/a 6 6 2
TBD Lake Holt USGS yes n/a 4 4 2
Falls Lake at NC 50 near Sandy
0208703650 Plain USGS -- n/a 6 6 2
DWQ
0208708905 Falls Lake at NC 98 near Ba leaf USGS -- n/a 6 6 2
0208718195 Falls Lake above dam at Falls USGS es n/a 6 6 2
Lake Wheeler on Swift Creek near
02087588 Raleigh USGS -- n/a 4 4 2
02087701 Lake Benson at dam near Garner USGS es n/a 4 4 2
02096846 Cane Creek near Orange Grove USGS -- yes 6 -- 2
Cane Cr Reservoir at Dam near
0209684980 White Cross USGS es n/a 4 4 2
Jordan Lake, Haw River Arm ab B.
0209719700 Everett Jordan dam USGS -- n/a 6 6 2
02097464 Morgan Creek near White Cross USGS -- yes 6 -- 2
University Lake at Intakes near
0209749990 Chapel Hill USGS es n/a 4 4 2
Jordan Lake at Buoy 12 at
0209768310 Farrington USGS -- n/a 6 6 2
White Oak Cr at mouth near Green yes
0209782609 Level USGS -- 6 -- 2
Jordan Lake above U.S. Highway
0209799150 64 near Wilsonville USGS yes n/a 6 6 2
Jordan Lake at Bells Landing near
0209801100 Griffins Crossroads USGS es n/a 6 6 2
1 DWQ sampling site for Falls Lake Nutrient Management study
Page 17 of 18
TRIANGLE AREA WATER SUPPLY MONITORING PROJECT
INTERLOCAL AGREEMENT
TABLE 2 - STORM-EVENT-ONLY SAMPLING SITES AND CONSTITUENTS
No. USGS sam pies per year
Stream- Major ions,
USGS Sampled flow nutrients, Trace
number Site Location in NC by gage sus . sed. metals
DWQ
02085070 Eno River near Durham USGS' yes, 2' 2'
Little River at SR 1461 near Orange DWQ
0208521324 Factory USGS' yes 2' 2'
DWQ
02085500 Flat River at Bahama USGS' es 2' 2'
DWQ yes
02086624 Kna of Reeds Creek near Butner USGS' (Raleigh) 2' 2'
DWQ
Durham yes3
02086849 Ellerbe Creek near Gorman USGS' (Raleigh) 2' 2'
Little Lick Creek above SRI 814 near Oak DWQ
0208700780 Grove USGS' no 2' 2'
DWQ yes
02096960 Haw River near Bynum USGS' (COE 2' 2'
DWQ
02097314 New Hoe Creek near Blands USGS' es 2' 2'
DWQ
0209741955 Northeast Creek at Sr 1100 near Genlee USGS' es 2' 2'
DWQ
02097521 Morgan Creek near Farrington USGS' yes4 2' 2'
Haw R Below B. Everett Jordan Dam near DWQ
02098198 Moncure USGS' nos 2' 2'
' Maximum of 2 samples per year per site; maximum of 16 samples per year among all sites
2 DWQ sampling site for Falls Lake Nutrient Management study
3 Gage funded through separate agreement with agency shown in parentheses
4 Discharge from a nearby gage, site 02097517
5 Discharge computed from other data source (COE reservoir-release records)
Page 18 of 18