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

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_ - C Orange Water and Serer Authority February 11, 1999 Page 17 undertaking is inappropriate, the way the agreement is structured any one jurisdiction would have veto authority over that decision. The remainder of OWASA's service area would be adversely affected, OWASA's obligations under the Sale and Purchase Agreements would be adversely affected, as well as OWASA's ability to provide service. Patrick Davis said he has stated on numerous occasions that he could not support any agreement that restricted OWASA's ability to do that because that is a responsibility of the Board of Directors. Dan VanderMeer asked If the Board is in agreement with the proposal that if an adverse public health condition is declared by someone else,it would trigger whether or not OWASA could extend lines during emergencies. Peter Gordon said he is In favor of that because there.will be clear lines of authority and Orange County citizens will know with whom to speak. William Strom said the agreement defines and proposes a series of remedies for septic system problems and creates an opportunity for remediation,openness,and eliminates citizens' fear. It makes tradeoffs and compromises in other areas worth doing. Dan VanderMeer said the next Item for discussion Is interutility water transfers that ties to the question of emergency transfers. How long is an emergency transfer an emergency transfer? What are the limitations, if any,on OWASA's ability to enter into Interutility.transfer agreements? Alan Rimer said he does not believe it is the local governments' responsibility to deliberate what Is and what is not an emergency and he could not advocate the emergency water transfers as it is, currently written in the agreement. Mr. Rimer said that decision should rest with the Executive Director. Patrick Davis said about two years ago the emergency water transfers were structured so there would be a six-month notification. The emergency could be one-year duration which is when local government check-in would occur. Mr.Davis said there was a majority agreement on that by the Task Force with the exception of one member. One member reopened this topic and three of the seven Task Force members voted against what has been presented in the corrected February 2,1999 draft agreement Peter Gordon asked what is an emergency. To some degree it is a technical, hard call and one that is better left out of a political context. On the other hand, some emergencies reflect bad planning. Dr. Gordon said this issue is related to whether the capital Investment of the community should be present as a safeguard•for communities that have allowed or promoted growth without capital investments to assure that its citizens receive basic services. Patrick Davis said since the late 1960's, the community depended upon the emergency transfer of water from the City of Durham and the Town of Hillsborough for two decades. The community was trying to pursue development,the Cane Creek Reservoir had regulatory delays and lawsuits, a moratorium was never imposed on growth,orderly development was allowed to occur, and agreements were executed that allowed OWASA to meet those needs until the Cane Creek Reservoir was on line. Mr. Davis said he understood the local governments' perspective and a six- month check In and the ability to review and approve the transfer of water was reasonable but not as stated in the agreement. William Strom said he agrees with Patrick Davis and Peter Gordon. Mr. Strom said the relevant part is stated on page 16 of the corrected draft agreement which states that these transfers "Are not intended.to provide raw or finished water supply,necessary'to support new growth and development within the service area of the service provider receiving the transfer." Given that these decisions are both health and political, there is a point where there should be a check in and the constituent governments have every right to want that check in. Robert Epting said the draft corrected agreement states that"Between 60 days and 90 days from inception of transfer, the elected boards which exercise planning jurisdiction on either side of �p. 2�1