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Geof Gledhill said that he respectfully disagrees with the Mayor's legal opinion, and he <br />said that the Town has the right under the law to regulate its customers, including its out of town <br />customers. Orange County is not using enterprise paver in its water conservation ordinance, <br />but is using police power and health, safety, and welfare power and it has jurisdiction to create a <br />police paver regulation up to the town limits. Orange County's water conservation regulations <br />are applicable everywhere outside of the towns in Orange County, including all of the OWASA <br />customers outside of Chapel Hill and Carrboro. He does agree that there is confusion with the <br />two separate sets of regulations -one for the Town of Hillsborough and one for Orange County. <br />Commissioner Halkiotis requested that the County Attorney put his opinion in writing and <br />not let this go unchallenged. He said that Hillsborough has been voluntarily releasing additional <br />water from the West Fark Reservoir. He asked how many more gallons per day have been <br />released. Paul Thames said that he does not have the numbers. Commissioner Halkiotis said <br />that they have been worried about water for a long time and he wants to be a goad steward of <br />water. He wants to know how many gallons they are talking about and he does not like the <br />letter with exclamation points and underlining. <br />Commissioner Gordon said that this means that there will be a moratorium up to 90 days <br />if they approve it. Also, when they talk about participating in serious discussions, they should <br />talk about developing potential new water conservation policies that "might" coincide with the <br />policies of Hillsborough, rather than saying "will". She would also like to consider some <br />language about providing an enhanced level of protection/preservation of Lake Orange/Eno <br />River environment and to indicate the implications far groundwater. The language could be, <br />"and protection/preservation of any groundwater resources that may be affected." <br />Commissioner Gordon also made reference to the county's Water Resources Initiative <br />and noted that if the county had hired a hydrogeologist, the person would be very helpful in <br />these negotiations. <br />Commissioner Jacobs said that he would suggest making a separate first bullet about <br />groundwater: "We hereby resolve to provide an enhanced level of protectiontpreservation of <br />Lake Orange/Eno River environment" with the inclusion of the protection of groundwater as <br />stated above. Commissioner Gordon agreed. <br />Commissioner Jacobs made reference to the first page and the second "whereas" and <br />said that Orange-Alamance is not a municipality. Also, in the last "whereas" he tack out the <br />word "have" and put in "had." <br />Commissioner Jacobs said that he was disappointed with the letter from the Mayor <br />because he and Chair Carey thought that they would sidestep the discussion about who has the <br />legal right to do what and just figure out how to make it better. <br />Chair Carey shares Commissioner Jacobs' concerns with the letter from the Mayor. <br />Commissioner Gordon read the new language for the Now, Therefore portion of the <br />resolution. "Direct that any potential new water conservation policies, procedures, agreements, <br />and ordinances, etc. that might be developed will provide for an enhanced level of <br />protection/preservation of the Lake Orange/Eno River environment and also an enhanced level <br />of protectiontpreservation for any groundwater resources that might be affected." <br />A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon <br />approve the resolution as amended above. <br />A Resolution <br />Agreeing to Initiate a 90-Day Moratorium an Enforcing the County's Water Conservation <br />Ordinance While Negotiating with the Tawn of Hillsborough and the Orange- <br />Alamance Water System for a Modified Water Conservation -Lake Orange/Eno <br />River Preservation Strategy <br />