Agenda - 08-23-1999 - D4 - Laserfiche WebLink

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}' Qrange Water and~Sewec Authority 2, f,~, February 11,1999 Page 18 the boundary in which the service is provided shall review and approve or not approve the continuation oC the transfer beyond 90 days. if continuation o[ the transfer is approved, if may continue for an additional 90-day period. Approval shall be required for each subsequent 90-0ay period, with a maximum emergency water trstns[er daratioa of 365 days from inception. Lack oC action by the elected boards as provided is this subsection constitutes approval for the subsequent 90~iay period." Mr. Epting said that veto element ought to be troublesome to each oC the elected boards as welt as to the OWASA Board. Dan VaaderMeer said the next Item for discussion is aonemergency interuti[ity water transfers sad Mr. VaaderMeer suggested that it be linked to the provision of water into Chatham County by OWASA. Peter Gordon said he suggests not linking nonemergency interutility water trans[ers to eztension of service into Chatham County. Dc. Gordon said he would distinguish wholesale vs. retail service. Mr. VanderMeer said the retail issue would be discussed. William Strom said he is comfortable with the language in the draft-corrected agreement as it stands. OWASA exists to provide service to southern Orange County, the Town of Carrboro, and the Town of Chapel H~11. If OWASA is going to expand its retail aces the constituent governments would have a say and Mr. Strom said he is comfortable with that arrangement. Patrick Davis said O WASA has Sale and Purchase Agreements with The University oC North Carolina at Chapel Hill, the Town of Carrboro, and the Town of Chapel Hill and each has specific obligations in each of the Agreements. Mr. Davis said the Agreements states that OWASA must provide its best effort to eztend service into those areas that the Town of Carrboro and the Town of Chapel H'i[I annex, and to also support its orderly growth and development plans. Mr. Davis said if a member government wasted to annex into a certain area, any one of the parties to the Sate and Purchase Agreements could veto the proposed annexation wader the draft agreement OWASA's ability to eztend service would then be constrained by one of the other two member governments and OWASA's ability to meet its obligations under the Sale sad Purchase Agreements would be hindered. Patrick Davis said if the three member governments decide that this was appropriate and desirable, could this agreement be a supplemental understanding , or clarification of the Sale:and •Purchase Agreements that would supersede the previous Sale and Purchase Agreements' ~provisioas or obligatioas..that OWASA has. Mr. Davis .said he xis uacemfortab[e with language that would give any jurisdiction or member government veto power over another member government's decision. William Strom • said in-the interest of getting OWASA into a position to s'cgn the agreement, an approach is to include a provision that should these be annexation that OWASA !s obligated to serve that annexation. ~ ~• Robert Epting said he has spoken to the Chapel Hill Town Attorney about William Strom's comment sad it could be resolved in that way or by way of an annexation boundary agreement between the Town of Carrboro and the Tows of Chapel Hi[[. Mr. Epting said that if the Towns' intent by language in the boundary agreement is to amend the Sale and Purchase Agreements and OWASA's responsibility under those. agreements, then there should be a provision stating that. OWASA is constrained in every direction in terms oC annexation. William Strom said in the absence o[ annexation, the Board should discuss new turf in northern Chatham County regarding a new service area, and it would be appropriate for the tt~rce constituent governments to agree to that. Peter Gordon said he would be pleased to take to. the Task Force the suggestions Cor amending the language in the Agreement to the c[fect that approval would not be needed iC tltc 10- 30