Agenda - 01-16-1997 - 2 - Laserfiche WebLink

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�� 37 y Chair Carey indicated that one of the reasons this boundary pros ss was started was to determine who would respond with water and sewer when needs arose. Another reason was that determining interest areas would facilitate planning for all of the entities involved. Geoff Gledhill indicated that it would be acceptable to have other documents referred to in this Agreement if the intent was to illustrate the current regulations. He also indicated that if a Board, such as OWASA, ignored the intent of the agreement, the recourse of the elected officials would be to replace Board members. This agreement could be called a Planning and Boundary agreement, however, it would have to be processed through the elected boards. He clarified that the only way an elected board can be held accountable to an Agreement is if they formally adopt that Agreement. They must also recommit to the Agreement as the Board's make-up changes. Commissioner Gordon suggested having this included in the Joint Planning Agreement and working with Hillsborough to revise their Joint Planning Agreement. Chair Carey indicated that a boundary agreement is necessary even if it is accomplished through the Land Use Planning Agreement. Council Member Capowski made an analogy with the Chapel Hill Bus Tax. He pointed out that if the bus system has a financial crises they could divert money to that system, however, they would be breaking a 25 year old trust and that would not be done lightly. Commissioner Gordon requested that the term "public health emergency" be defined as it is used in this agreement. Geoff Gledhill indicated that the definition would need to be in the Planning Agreement. He also mentioned that alternatives listed on on page 11 of the Draft Agreement could conceiveably limit the elected boards choices. It is not legal to use this agreement in any way to limit the ability of government to use its tax dollars. Chair Carey suggested proceeding with a simple boundary agreement while also proceeding with land use planning amendments with Hillsborough and Chapel Hill/Carrboro. The land use issues could be postponed and the boundary issues could be decided upon. Pat Davis felt that Alternative #1 on page 11 would provide greater flexibility for the County. Barry Jacobs suggested that an OWASA/Hillsborough service area agreement be addressed first. Jay Bryan stated that he did not agree with the attorney's assessment. He felt that the boundary and land use issues could be resolved in this document. He felt that the issues are connected and should not be separated.