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Agenda - 08-22-1995 - IX-A
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Agenda - 08-22-1995 - IX-A
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Last modified
12/18/2014 11:11:49 AM
Creation date
12/18/2014 11:11:38 AM
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BOCC
Date
8/22/1995
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
IX-A
Document Relationships
Minutes - 19950822
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\1990's\1995
Petition for Remission of Administrative and Legal Costs to Orange County BOCC and OWASA
(Linked From)
Path:
\Board of County Commissioners\Various Documents\2010 - 2019\2014
Petition for Remission of Administrative and Legal Costs to the Orange County BOCC and OWASA
(Linked From)
Path:
\Board of County Commissioners\Various Documents\1990 - 1999\1995
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To:Ms.Haft Bakes at Oramp County From:Dooms.C.CM1sW Faa:019)4894171 Yoko:019)489-0171 Paps 7 of6 FddW,,,1Ay 21,1996 1.17:31 PM <br /> ' <br /> Piney Mountain Petition -2- July 27, 1995 S <br /> Now that we are at the end of this process, as we compare our situation with that <br /> of other neighborhoods whose North State LPP Systems also failed, we see observe some <br /> striking contrasts. <br /> In Wake County, for example, the county government has assigned a project <br /> manager to work with county attorneys to establish six sewer districts for obtaining grant <br /> money from the Environmental Management Commission("EMC"). Wake County is <br /> absorbing, and the Wake County customers are not being billed for, all administrative and <br /> legal time required by the county project manager and attorneys for the grant application <br /> process, the selection of design engineers, the preparation of bid documents, the selection <br /> of contractors, and the supervision of the construction. In addition, Wake County has <br /> succeeded in making available to residents in all 6 sewer districts a low interest revolving <br /> loan program which provides loans to former North State customers at the rate of 3.04% <br /> per year over amortization periods as long as 20 years, to pay for the construction <br /> assessment not covered by the grant from the EMC. <br /> In contrast with the experience of the Wake County North State Customers, the <br /> attached Expense Statement for Piney Mountain shows that Piney Mountain has spent <br /> $176,000 to hire attorneys, soil scientists and engineers to do what Wake County has done <br /> at no charge for its North State customers. It shows that Piney Mountain has incurred <br /> substantial attorneys fees to obtain grant money and settlement funds from responsible <br /> parties, and yet each lot still shows a financial loss of$4,030. Moreover, it does not show <br /> the staggering investment of time and energy and personal funds expended by so many <br /> Piney Mountain residents in two and one-half years of daily meetings, telephone <br /> conversations, late night paperwork, travel time, and physical inspections and labor. <br /> Also in contrast with the Wake County approach, is the agreement dated October <br /> 12, 1994("the Agreement")among Piney Mountain, Orange County and OWASA. <br /> Unlike Wake County, which is underwriting all administrative and legal costs of creating <br /> the sewer districts, applying for state grants, and overseeing the design and construction <br /> process for the new municipal systems, Orange County and OWASA are requiring Piney <br /> Mountain to pay"(1) all costs and expenses, including the value of administrative and <br /> professional time expended by each, in the application for, administration of and the <br /> closeout of the State Grant; and(2), all costs and expenses not covered by(1)expended by <br /> each in the design, bidding and contract award, construction, regulatory approval and <br /> permitting of the Subdivision wastewater system." <br /> Finally, we note that since 1994 the policy of OWASA has been not to charge any <br /> administrative or legal costs associated with assessment projects, and to cap assessments at <br /> $50 per linear foot. Even prior to 1994, OWASA did not charge for administrative or <br /> legal costs unless they exceeded 15%of construction costs. Can Piney Mountain be <br /> distinguished from other OWASA assessment projects? It cannot. We look forward to <br /> being OWASA customers,just as does any other homeowner whose septic tank has failed. <br /> The Piney Mountain Appeal <br />
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