1999 NS Water and Sewer Management Planning and Boundary Agreement 9-7-1999

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24 „Orange Water and Sewer Authority February 11,1999 Page 16 t Force's decision at that time and that is why'the Task Force is still considering proposals in February 1999 that have been on the table for the last four years. Peter Gordon said it has been his assumption.that the Board's charge is to follow the land use plans of the appointing governments. Dr.Gordon said there is immense value in the Town of 11111sborough recognizing the southern boundary. William Strom said the Town of Hillsborough should be engaged In the discussions. An Important issue is the southern service boundary for the Town of Hillsborough but It Is not nearly as Important as equity Issues,such as the Town of Hillsborough can do something that OWASA can't. Mr.Strom said that lays the groundwork for negotiation. P Dan-VanderMeer said if the agreement becomes an agreement between OWASA and the three elected governments that It has the effect of limiting OWASA's ability to serve as an independent authority. Mr.VanderMeer said he would be reluctant to tie the hands of future Board of Directors by signing an agreement that would extend in perpetuity an arrangement that may not - anticipate things that will happen in the future. It becomes a viable limitation on OWASA's ability to do business. Dan VanderMeer said the Board of Directors is appointed to OWASA to help provide guidance on major and minor policy matters to OWASA. If every time a major issue arises and the Board needs the concurrence of the three elected bodies to do what OWASA believes is in the best Interest of OWASA,then why have a Board of Directors» Why not turn over that responsibility to the elected officials and do away with the OWASA Board of Directors. Mr. VanderMeer said he Is,not opposed to entering into some kind of declaration of principles that reflect the hand work that went Into the development of the agreement and recognizes OWASA's commitment to joint planning and protection of the environment on which OWASA has an impact Dan VanderMeer said without the Town of Hillsborough becoming a signatory to a boundary agreement that he is not convinced OWASA ought to enter into the agreement. OWASA would be willing to separate the two Issues and go forward with a general statement of principles that says"This Board and OWASA are committed to working within the joint planning principles." Patrick Davis said in response to Dan VanderMeees concept of a declaration of principles, that was done in 1989 in the form of a formally adopted Memorandum of Understanding among the Town of Carrboro,Town of Chapel IU14 Orange County,and OWASA. OWASA's commitment to be compatible and consistent with the land use plans and growth management policies was clearly stated and established a good,solid foundation. Mr.Davis said he has concerns with the draft Water and Sewer Management,Planning and Boundary Agreement the way It Is structured and how It relates to OWASA's responsibilities as a Board. Robert Epting said there is also the Impact that would result from the withdrawal of any of the elected bodies from the Joint Planning Agreement. Mr. Epting said withdrawal of any of the elected bodies from the Joint Planning Agreement would dissolve that agreement. If the Joint Planning Agreement were dissolved, 'then the Water and Sewer Management, Planning and Boundary Agreement would also be dissolved. Robert Epting said this impact is being discussed. Dan VanderMeer said the next item for discussion is whether OWASA would need the approval of the three governments to withdraw water from Jordan Lake. Peter Gordon said providing retail services should have oversight. Acquiring resources to serve citizens that OWASA is charged to serve is an issue for the Board of Directors. Dr.Gordon said in his conversation with an elected official,there was basic agreement regarding Jordan Lake. Patrick Davis said that if,in the future,OWASA determines it necessary to withdraw water from Jordan Lake and one of the member governments is under the opinion that such an