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Home My Public Portal About07-10-2000 Regular Session . . . 34$' APPROVED 09-11-2000 MINUTES HILLSBOROUGH TOWN BOARD July 10, 2000 7:30 PM, Town Barn The Hillsborough Town Board held a regular meeting on July 101\ 2000 at 7:30 PM in the Hillsborough Town Barn. Present for the Board Meeting were Mayor Horace H. Johnson, Sr., Commissioners Kenneth Chavious, Frances Dancy, Evelyn Lloyd, Mark Sheridan, and Brian Lowen. Staff present were Town Manager Eric Peterson, Finance Director Sherry Carter, Town Clerk Donna Armbrister, Planning Director Margaret Hauth, Town Engineer Kenny Keel, and Police Chief Nathaniel Eubanks. Mayor Horace H. Johnson, Sr., called the meeting to order at 7:32 P.M. 1. PUBLIC CHARGE Mayor Horace Johnson read the Public Charge. 2. ADDING ITEMS TO THE PRINTED AGENDA Planning Director Margaret Hauth requested that Items 8.D and 8.1 be deleted from the printed agenda. By consensus, the Board agreed. Mayor Johnson added a Closed Session to the end of the meeting for the purpose of discussing potential litigation. Commissioner Lloyd requested to have a brief discussion of the City Tree Ordinance. By consensus, the Board added this as Item 8.AA. 3. AUDIENCE COMMENTS A. Matters on the printed agenda There were no audience comments. B. Matters not on the printed agenda . There were no audience comments. 4. APPROVAL OF THE MINUTES OF THE JUNE 12TH REGULAR BOARD MEETING, THE JUNE 6th SPECIAL HEARING AND THE JUNE 2STH SPECIAL MEETING . . . - 346 Upon a motion by Commissioner Sheridan, seconded by Commissioner Lloyd, the Board moved to approve the Minutes of the June lth Regular Board Meeting, the June 6th Planning Board Minutes, and the June 6th Special hearing and the June 28th Special Meeting as presented by a vote of 5-0. The motion was declared passed. 5. REPORT FROM THE TOWN MANAGER Town Manager Eric Peterson updated the Board on the Fairview Community Policing Center stating that the final detailed design will be complete any day now. Peterson stated that he is also working on a draft Interlocal Agreement between the Town of Hillsborough and Orange County defining each government's responsibilities in regards to the cost sharing and operation of the Center. Peterson hopes to have a draft of this Agreement for the Board to consider at their September Board Meeting. Manager Peterson reported that the Chamber of Commerce Executive Staff will be meeting tomorrow to appoint 3 or 4 members of the Chamber to work with Commissioners Lowen, Lloyd, the Town Manager and Public Works Director Pete Champion on the Commercial Garbage Committee. The Committee plans to meet sometime late July. The NC League of Municipalities Conference will be in Fayetteville this year in October. Peterson asked all Board Members who are interested in going to contact himself or the Town Clerk as soon as possible. Manager Peterson informed the Board that he plans to spend the next couple of weeks working on completing the final Budget Presentation Document. Public Works Director Pete Champion is working on drafting specs for the new garbage truck. Because of the cost involved, this will require a formal bid procedure. Peterson reported he and Evelyn Poole-Kober have been getting suggestions on how to handle the Tree at the Margaret Lane Cemetery that was uprooted by the recent storm. The Board will be kept informed on this situation. Peterson informed the Board that his annual trip to Topeka, Kansas is coming up and he will not be present at the September Board meeting. 6. REPORT FROM THE TOWN ENGINEER Town Engineer Kenny Keel presented a status report on all current Water and Sewer projects. 7. ITEMS FOR DECISION - CONSENT AGENDA A. Approval of the amended Town Board 2000 Meeting Schedule B. Consideration of a Memorandum of Understanding with the Brough Law Firm to Provide Legal Services for the Upcoming Fiscal Year 2 347. . C. Consider Approving the 2000-2001 Labor Agreement with the Orange Correctional Center D. Consider Approving a Resolution Adopting the County Wide Solid Waste Plan and Authorizing the Town Manager to Submit Hillsborough's Solid Waste Plan to Orange County E. Consider Adopting a Resolution to Rescind a Previous Resolution Relating to the Transfer of Control of the Cable Television Franchise F. Consider Adopting a Resolution Granting the Consent to the Transfer of Control of a Cable Television Franchise From Time Warner, Inc. to AOL Time Warner, Inc. and a Transfer of Control from Media One Group, Inc., to AT&T Corporation Upon a motion by Commissioner Lowen, seconded by Commissioner Dancy, the Board moved to approve Items A-F of the Consent Agenda as presented with the amendment to Item A of changing the July Work Session Date to July 31 and deleting the December 27 Work Session by a vote of 5-0. The motion was declared passed. Copies of the amended Town Board 2000 Meeting Schedule; the Resolution Adopting the County Wide Solid Waste Plan and Authorizing the Town Manager to Submit Hillsborough's Solid Waste Plan to Orange County; the Resolution to Rescind a Previous Resolution Relating to the Transfer of control of the Cable Television Franchise; and the Resolution Granting the Consent to the Transfer of control of a Cable Television Franchise From Time Warner, Inc. to AOL Time Warner, Inc. and a Transfer of Control from Media One Group, Inc., to AT&T Corporation are hereby made a part of these Minutes as Attachments. . 8. ITEMS FOR DECISION - REGULAR AGENDA A. Max and Norma Preston Will Address the Board to Express Concerns Regarding Buildable Lots (Section 9.4.2 of the Zoning Ordinance) Mr. Max Preston requested that the Town Board place a stay on Hillsborough Zoning Ordinance 9.4.2 to protect the present circumstance on Wake Street until the Ordinance can be amended and clarified to give protection to neighbors in any circumstance such as is occurring on Wake Street. Mr. Michael Gering expressed his support of amending the Ordinance. Ms. Blythe Forrest Crabtree reported that she and her family has previously owned the property in question for many years and had been informed by County and legal agents that the property was not a buildable lot, and that was her impression when she sold the property. By consensus, the Board directed the Town Manager to have the Town Attorney investigate the issue and get back with them with further information as soon as possible. ADDED ITEM 8.AA Commissioner Lloyd - City Tree Ordinance . Commissioner Lloyd led a discussion on the City Tree Ordinance. 3 . . . 348 By consensus, the Board directed the Town Manager to add the discussion of an amendment to the Tree Ordinance and the possibility of adding the Ordinance to the Town Code to the agenda for the July 31 Work Session. By consensus, the Board directed the Town Manager to have the Town Attorney investigate the possibility of enforcing the violation penalty established by the Tree Ordinance in the case of the Jeff Hopper property on Wake Street. B. Consideration of a Moratorium on Executions in North Carolina Matthew Martin, Richard Taylor, Nancy Taylor, and Marshall Dayan addressed the Board and gave their support of the Resolution for a Moratorium on Executions. Upon a motion by Commissioner Dancy, seconded by Commissioner Chavious, the Board moved to approve the Resolution for a Moratorium on Executions as presented by a vote of 5-0. The motion was declared passed. A copy of the Resolution is hereby made a part of these Minutes as an Attachment. C. Request for direction to staff regarding keeping Fann Animals inside the Town Limits Mr. Mackinlay Zimmerman addressed the Board expressing his family's objections to livestock being permitted close to neighboring property lines. Planning Director Margaret Hauth reported on livestock restriction regulations inside city limits for several other municipalities in North Carolina for the Board's information. By consensus, the Board directed staff to draft a recommendation to be considered at the September Board Meeting. D. Bret Bocook from Borden-Bocook Commercial Real Estate will Address the Board Regarding their Annexation Request, Company's Qualifications, and Proposal to Develop Property in the area of Old NC86 and 1-40 This Item had been deleted from the Printed Agenda. E. Discuss and Consider Authorizing the Town Manager to Enter into a Contract with W.K. Dickson (Engineering Firm) to Conduct a Wastewater Treatment Plant Study After review of the Wastewater Treatment Plant Study Proposals, and upon a motion by Commissioner Lowen, seconded by Commissioner Lloyd, the Board moved to approve the proposal presented by W. K. Dickson in the amount of $42,000 by a vote of 5-0. The motion was declared passed. 4 111.' 34'9 F. Tom Magnuson will Update the Board on the Trading Path Preservation Trail Projects . Mr. Tom Magnuson reported on the current status of the Trading Path and requested the Board endorse the Project for the preservation of the historic King Street Approach to Hillsborough as a hiking trail. Mr. Magnuson also requested that the Town Board issue a Proclamation recognizing the efforts of the Orange High School students who have worked on this project for their assistance with this effort. Upon a motion by Commissioner Chavious, seconded by Commissioner Dancy, the Board moved to bestow their support of the Concept of the Project and directed the Town Manager to have a Proclamation of Appreciation prepared for the OHS students by a: vote of 5-0. The motion was declared passed. G. Consider Adopting the Water and Sewer Management, Planning, and Boundary Agreement After a brief discussion, and upon a motion by Commissioner Lowen, seconded by Commissioner Sheridan, the Board moved to adopt the Water and Sewer Management, Planning, and Boundary Agreement as presented by a vote of 5-0. The motion was declared passed. A copy of the Water and Sewer Management, Planning, and Boundary Agreement is hereby made a part of these Minutes as an Attachment. . H. Consider Preliminary Subdivision Plan for the Summit, a 7l-lot development between Beckett's Ridge and Wildwood Planning Director Margaret Hauth presented the preliminary Subdivision Plan stating that the Planning Board reviewed this proposal for three meetings due to the unusual circumstances presented by limited access to the site. The Planning Board unanimously recommended the approval of the preliminary plan with certain conditions. Upon a motion by Commissioner Chavious, seconded by Commissioner Dancy, the Board' moved to approve the Preliminary Subdivision Plan for the Summit, a 71-lot development between Beckett's Ridge and Wildwood with the granting of a variance for the portion of Circle, Drive that has 30' of right-of-way and the following conditions: Lot 68 becomes a playground with equipment installed rather than a building lot; the right-of-way connects with John Breckenridge in the future and be dedicated to the Town; a sidewalk be provided on the narrow portion of Circle Drive; the deck on Lot 12 Wildwood be rebuilt by Mr. Stephens at no expense to the homeowner to move it off the right-of-way (with the owner's permission); the stormwater plans address current problems and run-off from the proposed development; and approval of water, sewer, and stromwater plans by the Town Engineer by a vote of 5-0. The motion was declared passed. I. Consider request from Orange County for an Encroachment Permit on the N & K Street right-of-way. . This Item was deleted from the Printed Agenda. 5 . . . 350 ADDED ITEM: CLOSED SESSION TO DISCUSS POTENTIAL LITIGATION Upon a motion by Commissioner Dancy, seconded by Commissioner Lowen, the Board moved to go into Closed Session to discuss Potential Litigation by a vote of 5-0. The motion was declared passed. 9. ADJOURN Upon returning to Open Session and upon a motion by Commissioner Lowen, seconded by Com,missioner Dancy, the Board moved to adjourn at 10:30 PM by a vote of 5-0. The motion was declared passed. ~~vn;~~~ Respectfully submitted, Donna F. Armbrister, CMC Town Clerk 6 Town of --@.~ TOWN OF HILLSBQROU6H BOARD OF COMMISSIONERS Adopted 11-08-1999 Amended 12-06-1999 Amended 01-10-20~, Amended 02-14-2000 Amended 05-22-2000 Amended 06-01-2000 Amended 06-12-2000 Amended 07-10-2000 ~Sl gh 2000 MEETING SCHEDULE ("'All meetings will be held in the Town Barn, unless otherwise noted. Times and dates are subject to change.) Tuesday, JaI).uary 4,2000 Special Meeting for 2nd Round Interviews for Board Appointment (7:00 PM) "'(Police Department Training Room) Monday, January 10,2000 Regular Board Meeting (7:30 PM) Tuesday, January 25, 2000 Quarterly Joint Public Hearing with Planning Board (7:00 PM) Tuesday, January 31, 2000 Joint Meeting with Orange County Commissioners (7:30 PM) "'(Government Services Building) Saturday, February 5, 2000 Annual Board Goal Setting Retreat (12:00 PM [NOON]) · (Police Department Training Room) . Monday, February 14,2000 Regular Board Meeting (7:30 PM) Monday, March 13, 2000 Regular Board Meeting (7:30 PM) Monday, March 27, 2000 Meet with agencies requesting contributions from the Town of Hillsborough. Opportunity for input from citizens on how they feel tax monies should be spent (7:30 PM) Thursday, March 30, 2000 Assembly of Governments Meeting (7:30 PM) .(Southern Human Services Building) RE: Facilities Monday, April 10, 2000 Regular Board Meeting (7:30 PM) Tuesday, April 25, 2000 Quarterly Joint Public Hearing with Planning Board (7:00 PM) Monday, May 8, 2000 Regular Board Meeting (7:30 PM) Presentation of proposed budget Monday, May 15,2000 Budget Work Session (7:00 PM) Thursday, May 18,2000 Assembly of Governments Meeting (7:30 PM) .(Southern Human Services Building) RE: Shaping Orange County's Future . Monday, May 22, 2000 Public Hearing and Optional Budget Work Session (7:00 PM) 1 Friday, May 26,2000 Annual Employee Picnic (12:00 Noon) 352 . (Ruffm Roulhac Grounds) . Monday, June 1,2000 Budget Work Session (7:00 PM) Monday, June 12,2000 Regular Board Meeting (7:30 PM) Adoption of 1999-2000 Budget Wednesday, June 28, 2000 Year End Budget Meeting (8:30 AM) *(Police Department Training Room) Monday, July 10,2000 Regular Board Meeting (7:30 PM) Tuesday, July 25, 2000 Quarterly Joint Public Hearing with Planning Board (7:00 PM) Monday, July 31,2000 Work Session (7:30 PM) August Meeting Cancelled Monday, September 11,2000 Regular Board Meeting (7:30 PM) Monday, September 25,2000 Work Session (7:30 PM) Monday, October 9,2000 Regular Board Meeting (7:30 PM) Monday, October 23, 2000 Work Session (7:30 PM) . Tuesday, October 24,2000 Quarterly Joint Public Hearing with Planning Board (7:00 PM) Monday, October 30, 2000 Assembly of Governments Meeting * (Southern Human Services Building, 7:30 PM) Tuesday, November 14,2000 Regular Board Meeting (7:30 PM) Monday, November 27, 2000 Work Session (7:30 PM) Monday, December 11,2000 Regular Board Meeting (7:30 PM) C:\MyFiles\Town Board\2000MTGSCH,doc . 2 . . . " 353 A RESOLUTION RE-AFFIRMING THE ADOPTED FRAMEWORK FOR A COUNTY-WIDE , SOLID WASTE PLAN, SPECIFYING PERCENTAGES IN PER CAPITA WASTE REDUCTION GOALS AND AUTHORIZING THE TOWN MANAGER TO SUBMIT THE SOLID WASTE PLAN TO THE COUNTY FOR SUMBITT AL TO THE STATE AS PART OF THE OVERALL COUNTY PLAN. WHEREAS The Town of Hi IIsborough adopted in 1997 a general waste reduction plan framework as part of its overall solid waste goals and also adopted a specific 45% per capita waste reduction goal by 2001 and 61 % per capita reduction by 2006, and WHEREAS, the State of North Carolina requires a solid' waste management plan with specific solid waste reduction goals for 2001 and 2006 and an update to those goals and plan every three years, and WHEREAS, the Town actively participates in the County-wide waste reduction programs through promotion of dropoff and curbside recycling and provision of other recycling services, and WHEREAS, the Town has previously adopted a solid waste management plan framework that includes waste prevention measures, collection programs and processing methods described in attachment A to this resolution, and WHEREAS, successful implementation of a solid waste plan that meets the waste reduction goals would also require cooperation and coordination with all the other local governments in the County and waste other generators throughout Orange County, and WHEREAS, the Town of Hillsborough may need to further regulate and control solid waste in order to fully accomplish the waste diversion goals, and NOW THEREFORE BE IT RESOLVED by the Board of the Town of Hillsborough that it hereby reaffirms the framework and goals for a solid waste management plan as adopted originally in 1997 and shown in attachment A, BE IT FURTHER RESOLVED that the Town of Hillsborough continues to use a base year of 1991-92 to calculate waste reduction against, and County-wide goals of 45% solid waste reduction per capita by 2001 and ~ 1 % reduction per capita by 2006, BE IT FURTHER RESOLVED that the Town of Hillsborough will continue to cooperate with other local governments in Orange County in implementing a solid waste management plan that will achieve these goals, BE IT FURTHER RESOLVED that the Town of Hillsborough authorizes the Town Manager to submit the solid waste plan to the County Solid Waste Management Department for inclusion with the overall, County-wide submittal to the State. This is the 10th of July 2000 Resolution for a Moratorium on Executions Town of Hillsborough, N.C. 354 WHEREAS PRISONER APPEALS HAVE BEEN SEVERELY CURTAILED, INCREASING THE RISK OF IMPRISONMENT eND EXECUTION OF INNOCENT PEOPLE: o far 87 people, including four North Carolinians, have been released from death row after their innocence, was proven, in many cases, by amateur investigators outside the justice system. * The most far-reaching study of the death penalty in the u.s. found that two out of three convictions were overturned on appeal, mostly because of serious errors by incompetent defense lawyers or prosecutorial misconduct, and that North Carolina had a 71 percent error rate. a.s. Liebman, Columbia Univ., June 2000) * In a series of rulings since 1991, the U.S. Supreme Court has drastically restricted the rights of death row prisoners to appeal their convictions and death sentences in federal courts, even in cases where prisoners present compelling evidence of innocence. WHEREAS DEATH SENTENCES ARE RESERVED FOR THE POOR: * About 90% of those persons facing capital charges cannot afford their own attorney, and that figure is higher for North Carolina's death row prisoners. * No state has met standards developed by the American Bar Association for appointment, performance and compensation of counsel for indigent prisoners. * 76% of all people executed by the State of North Carolina have been African American. (NCDOC) * 60% of death row in N.C. is composed of racial minorities, one of the highest percentages of any state death row population. (NCDOC) WHEREAS THERE IS AMPLE EVIDENCE THAT THE DEATH PENALTY IS APPLIED IN A RACIST MANNER: * In 1990, the U.S. General Accounting Office reported "a pattern of evidence indicating racial .sparitieS in charging, sentencing and imposition of the death penalty." North Carolina, a person charged with killing a white person is 4.4 times more likely to receive the death penalty. * Nationwide, 82% of those put to death had been convicted of murdering a white person even though people of color are the victims in more than half of all homicides. * The U.S. Congress and N.C. General Assembly have failed repeatedly to pass a Racial Justice Act, which would allow prisoners to challenge their death sentences using standards normal in civil racial discrimination cases. * In 1987, in McCleskey v. Kemp, the U.S. Supreme Court acknowledged but refused to act on data demonstrating the continuing reality of racial bias. WHEREAS THE AMERICAN BAR ASSOCIATION HAS CONCLUDED THAT ADMINISTRATION OF THE DEATH PENALTY IS "A HAPHAZARD MAZE OF UNFAIR PRACTICES WITH NO INTERNAL CONSISTENCY" AND HAS CALLED FOR A MORATORIUM ON EXECUTIONS. NOW, THEREFORE, BE IT RESOLVED that the Town of Hillsborough, N.C. calls on the North Carolina Governor and our state legislators, and the U.S. President and our legislators in Congress, to enact and adopt legislation imposing a moratorium on executions at least until this state and the nation implement policies and procedures which: * Ensure that death penalty cases are administered fairly and impartially, in accordance with basic due process, ~inimize the risk that innocent persons may be executed, and _event the execution of mentally retarded persons and persons who were under the age of 18 at the time of their offenses. BE IT FURTHER RESOLVED that this organization shall forward copies of this resolution to the N.C. governor, our state legislators, the U.S. president, and our legislators in Congress. . . . JUN 29 '00 08:24AM HATCH LITTLE & BUNN P.4/16 355 ~WN OF fI{LL5~DROUfH RESOLUTION .,., A RESOLUTION RESCINDING THE PREVIOUSLY ADOPTED RESOLUTION RELATING TO THE TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCBISE FROM TIME WARNER, INC., TO AOL-TIME - WARNER, INC., AND A TRANSFER OF CO~1ROL FROM MEDIA ONE 'IJ b 0 v?h GROUP,INC., TO AT&T CORPORATION /..",of!f,5' or I T t1AtI~rv' , WHEREAS, on <.JU N E. /2 TH I J 000 , the Franchising Authority adopted a resolution relating to the tranSfer of control of Ii cable television franchise from Time Warner, Inc., to AOL-Time Warner, Inc., and Ii transfer of control from Media One Group, Inc., to AT&T Corporation; and WHEREAS, since adoption of the resolution, the relevant case law relating to one of the conditions which the Franchising Authority placed upon its approval of the transfer of control has changed; and WHEREAS, Time Warner Entertainment-Advance/New House Partnership ("TWEAN") has provided additional information and assurances to the Franchising Authority; and WHEREAS, based upon new case law and tbese new assurances, the Franchising Authority desires to rescind its previous consent to the transfer of control and adopt a new resolution subject to different terms and conditions relating to its consent to the transfer of control. NOW, THEREFORE) be it resolved that in consideration of the foregoing, the Franchising Authority hereby rescinds its previously adopted Resolution No. 00- dated ~UNE 12, ~ oon . PASSED, ADOPTED AND APPROVED this 10 TN day of JULY ) 2000. ' LOCAL GOVERNMENT By;~;;I.~.... O~_. - c2.r Horace H. JObns~. Title: Mqvor ...-' ATI'EST: By;!frt/ ~~ Clerk ' . . . JUN 29 '00 08: 26AM HATCH LITTLE 8c BUr'lN P.ll/16 Draft #4 [WITH MOU] 35-6 RESOLUTION NO. 00- A RESOLUTION GRANTING THE CONSENT OF fh t. TOWN OF )/i/JsLI(~ THE TRANSFER OF CONTROL OF A CABLE TELEVISION FRANCRlSE FROM TIME WARNER, INC., TO AOL TIME WARNER, INC., AND A TRo\NSFER OF CONTROL FROM MEDIA ONE GROUP, INC., TO AT&T CORPORATION WHEREAS, Time Warner Entertainment-AdvanceINewhouse Partnership CIYlf!l~") holds a valid, non-exclusive franchise to operate a cable television system in ) '{bOrDU1 A , North Carolina (tbe "Franchising Authority")~ and WHEREAS, TWEAN is a subsidiary of Time Warner, Inc. ("TWI"); and WHEREAS, Media One Group, Inc., eMedia Oneil) holds a 25.51% interest in Time Warner Entertainment Company, L.P., ("TWE") which in tum owns a 66.66% interest in TWEAN; and WHEREAS, a wholly-owned subsidiary of AT&T Corporation (~AT&T") is acquiring all of tbe shares of Media One pursuant to an Agreement and Plan of Merger dated May 6. 1999, ("Transaction No. 1 It) so that following closing of the transaction, AT&T wiJl control an approximate 17% interest iD lWEAN; and WHEREAS, lWI and America Online, Inc., (nAOU) have entered into an Agreement and Plan of Merger dated January 10,2000 ("Transaction No. 2lt)~ and WHEREAS, the merger agreement will result in a stock to stock merger ("Transaction No.2") in which TWl and AOL will merge with subsidiaries of a newly formed holding company; and WHEREAS, as a result of Transaction No. 2, both TWI and AOL will become wholly owned subsidiaries of the new company, AOL-Time Warner, Inc. ("AOL-TW"); and WHEREAS, the franchisee, TWEAN, and TWI, AOL-TW, Media One, and AT&T, have requested the consent of the Franchising Authority, if it determines consent is necessary, to the aforementioned change Qf control and Transaction Nos. 1 and 2; and WHEREAS, on or about FebNary 10, 2000, TWI, as transferor, and AOL-TW, as transferee, filed an FCC Fonn 394 seeking the consent of the Franchising Authority to Transaction No. 2~ and WHEREAS, on or about February 18, 2000, Media One, transferor, and AT&T, transferee, filed a Form 394 with the Franchising Authority seeking consent to Transaction No.1; and . . . JUN 23 '00 08:27AM HATCH LITTLE & BUNN P.12/15 357 WHEREAS, the Franchising Authority has conducted a thorough review of the legal, technical and financial qualifications of the applicants and the transferees to own and operate the cable system; llnd WHEREAS, the Franchising Authority has received and reviewed the report of its cable television consultant concerning the legal, technical and financial qualifications of the transferees and provided an opportunity for public comments; and WHEREAS, AT&T and TWI are the two largest cable television operators in the United States and AOL is the largest and most dominant provider of internet services; and WHEREAS, 1Wl and AOL have entered into a Memorandum of Understanding dated February 29,2000 (the "MOU") (a copy of which is attached hereto as Attachment A) setting forth significant commitments that AOUTW will undertake to enable cable modem subscribers to obtain service from affiliated Internet service providers ("ISPs"). Included among those commitments is the commitment of AOUTW to operate its cable syStems in a manner that does not discriminate among ISPs based on their affiliation with AOLITW;and WHEREAS, following further review and an investigation, the Franchising Authority has concluded that the transferees have established that they meet the technical, legal and financial criteria to operate the cable system and ha~e satisfied all criteria set forth in and/or under all applicable or required local government and federal documents, laws, rules and regulations, including FCC Form 394 and contingent upon applicants meeting all of the requirements set forth below; NOW, THERFORE, BE IT RESOLVED that in consideration of the foregoing and the promises set forth herein, the Franchising Authority and the transferees agree to the following: 1. The Franchising Authority consents to Transaction Nos. 1 and 2, effective immediately upon the closing of the transactions contemplated by tbe agreements, provided that said closings take place prior to July 1, 2001. 2. The Franchising Authority confirms that: (a) the franc:bise held by the franchisee is valid and in full force and effect. (b) the franchisee will be in material compliance with the franchise if the other conditions set fonh in this Resolution are met. 2 . . . JUN 23 '00 08:27AM HATCH LITTLE & BUNN P.13/15 358 3. TWEAN: (a) agrees to be bound by the franchise and perform all duties and obligations thereunder, (b) represents and warrants that it is able to provide and agrees to provide all services required under said franchise; (e) acknowledges and agrees that 'IWEAN is subject to the regulatory authority of the grantor. as provided by state and federal law; (d) agrees to cooperate fully with the Franchising Authority and to obtain from any govenunental agency having jurisdiction, all licenses, permits and other authority necessary for lawful operation and maintenance of the cable system. 4. The past perfonnance of TWEAN under the control of TWI pursuant to the franchise is not waived by the Franchising Authority consenting to this transfer and adopting this Resolution, '!WEAN (under the control of its new parent, AQL- TW) agrees to be responsible for and bound by the breaches and non-performance, if any, of TWEAN (under the control of TWI) prior to this transfer. The Franchising AUthority may, after consummation of the Transaction Nos. 1 and 2, consider in any ongoing renewal proceeding, the past performance of TWEAN (Wlder the control of TWI) to the extent permitted under 47 U.S.C. ~546, as if it were the past performance of TWEAN (under the control of AOL- TW). 5. TWEAN and AOL- TW agrees that the revaluation of the cable system assets, if any, resulting from Transaction Nos. 1 and 2 shall not be the basis for any future rate increases for any regulated cable service, including, but not limited to, basic cable service, equipment rentals and installation costs. ' 6. This Resolution shall become effective on the date of it8 passage bwt shall be automatically rescinded and the transfer of control denied (1) if not accepted in writing by rWEAN, within thirty (30) days of passage; or (2) if any of the conditions of this consent resolution are determined to be invalid in a final judgment by a court of competent jurisdiction. 7. Within thirty days following tbe adoption of this Resolution, TWEAN shall pay the sum of $2,500 to the Franchising Authority if it has 1,000 or more subscribers and the sum of $1,250 to the Franchising Authority if it has 999 or less subscribers to reimburse the Franchising Authority for its expenses in cormection with this transfer. None of the foregoing expenses described in this paragraph or TWEAN's payment thereof shall constitute an offset against franchis~ fees or any other amounts due the Franchising Authority from TWEA.~ pursuant to the terms of the Franchise or otherwise. 3 . . . JUN 29 '00 08: 28AI1 HATCH LI TTLE & BUNN P.14/15 ~ ;. 359 8. The Franchising Authority is granting its consent to the transfer of control of the Franchise in reliance on the commitment of TWI and AOL (as expressed in the MOU), and Franchisee (as an entity substantially owned by TWI, and proposed to be substantially owned by AOurw, to the principles expressed in and underlying the MOU. PASSED, ADOPTED AND APPROVED this I GTlt day of J"UL V ) 2000. ATTEST: BY~~~ Clerk ' , ' LOCAL GOVERNMENT BY.~:J.\~ ..~~ Horace H. Johnson, Sr. ,Title: Mayor WE CONSENT TO AND ACCEPT THE TERMS AND CONDITIONS OF TInS RESOLUTION. DAlE OF ACCEPTANCE: TIME WARNER ENTERTAINMENT ADVANCE NEWHOUSE PARTNERSHIP By: 4 Jul-06-00 04:42P Coleman Gledh;ll Hargrave 919 732 7997 P.04 REVISED 11-';' 360 3/29100 . '.. THIS AGREEM ENT, made and entered into this M day of L/1, ;{bOD ,:1:222, by and between the COUNTY OF ORANGE, a polit{cal subdivision of the State of North Carolina; the TOWN OF CARRBORO, the TOWN OF CHAPEL HILL, and the TOWN OF HILLSBORQUGH. municipal corporations duly created ilnd existing under the laws of North Carolina; and the ORANGE WATER AND SE\VER AUTHORITY, a publlc water ~nd sewer authority duly created and existing under Chapter l62A, Article 1 of the North Carolina Gell~ral Statutes. WITNESSETH: In consideration of mutual benefits regarding the definition of water and sewer service boundaries and the management and planning thercot~ the parties to this agreement hereby mutually agree as follows: . .,:;~f1!:~:t,~~\~+:;~';;:;;:f::~:;:'I~~'rt::>;T' ,'::, ',';, ' A. Charge to the Water and Sewer Boundary Task Force Sinee the mid. I 980's, several attempts to detlne water and sewer service boundaries for Orange County and the municipalities of Chapel Hill, Carrboro and Ilillsborough have been nnd~r1ukcn. In 1994, a Task Force was fom1ed consisting of elected officials from Carrboro, Chapel Hill, HiIlsborough and Onmgc County, as well as two members of the Orange Water and Sewer Authority Board or Directors. The charge to the Water and Sewer Service Boundary Task Force is attached as Appendix B. B. Purpose of Water and Sewer Boundary Agreement 1. To provide a comprehensive, County-wid!;: ~)'stcm of service areas tor future utility development and interest areas for dealing with private water and wastewater system problems in ar~as without public water and sewer service. . Jul-06-00 04:42P Coleman Gledhill Hargrave 919 732 7997 P.05 REVISED 3/29/00 361 . ") ~, To cQmplement growth management objectives, land use plans and annexation plans in existing agreements, such as the Orange County-Chapel Hill-Carrboro Joint Planning Agreement and Joint Plarming Area Land Use Plan 3, To resolve in advance and preclude future coullicts about future service areas and annexation areas. , 4. To provide for predictable long-range water and sewer capital improvement planning and financing. 5. To provide for limitations on water and sewer service in certain areas, as defined. _',64-.~ )0,., 1'~_~~BmM.~.).. ./ RJ" IV' .....~~,:);\:,~~~~~.~~~~~~.~ '<<~.~'9c....~A~~:io;::.;:t,;.Ic~~,~,:,,1j:""~"'':<J:-t!~.w:A4~:),~.= D:~::HOW:!l'UE.AG' . ,', ORKS~~""~.'''''''''''''''''<''"''<<~~~;;>>?';:'''':-'';4~<'::::'::;'-::,~'".'''''''''''''''',*~:!;:~~~;'~ ) ~.~: c~.:n ~. '<< ":~"'~~"'~A,.:,,I~Jr.oC:t~~;"~"~~t.l*"";"~~'~~~Jc~*-"~''''''~:~;;C4'1'':O:~ ,:(';,;~,~,;'''t~\',.w.,f'~:;k<;~':-i~~~'''''''~V_,,,,,(,,,,,,,; ;0..,.;..' . ~~~ -r'~~~;~~~;u;~......;-):.~~:,o...~~~~~~~~.;.<~~ A. Effective Date of the Agreement . This agreement shall become effective upon execution by all of the parties and signature by the chief elected or appointed official. B. Term of Agreement This agreement shall remain in effect for five (5) ten (10) years from its execution, and shall be renewable as provided in the following subsection. C. Procedure for renewal , At the end of each ~ten year tenn, tlIe agreement shall renew ,automatically, unless written notice is provided of intent to withdraw as noted in subsection E below. D. Procedure for proposing and acting on changes in agreement including boundaries . 2 Jul-06-00 04:43P Coleman Gledhill Hargrave 919 732 7997 P.06 . REVISEr" . 3 6 2 3/29/00 1. Any change to the agreement (including boundaries) requires approval of all parties to tile agreement. 2. The addition of other parties to this agreement shall be by consent of the current parties. E. Procedure for withdrawal from/decision not to renew tbe agreement 1. A party may not withdraw from the agreement, until it holds a public hearing on the proposed withdrawal followed by written notice to the other parties wlthin 30 days of the public hearing. The withdrawal shall be effectivc one (1) year following receipt by the other parties of the writterniotice. 2. If a party to the agreement withdraws as provided above, the agreement remains in effect as to the other parties until all but one party withdraws in the manner provided for the in this agreement. . F. Accountability of Future Parties 1. Future utility providers that wish to become parties of t?is agreement must be financially and technically capable of providing water/sewer service to address public health emergencies or other identified public facility n'eeds, as defined by the parties of the bOillldary agreement. The provider must have adequate system capacity, technical capability and financial assets to address system problems within its, interest area without compromising service to CWTent customers. . G. Courtesy Review of Development Proposals Within Service and Interest Areas The water and sewer providers that are parties to tllis agreement will be provided courtesy review and the right to provide written . 3 ~ul-06-00 04:43P Coleman Gledhill Hargrave 919 732 7997 REVISED 3/29/00 . \ input into utility design and the provision of easements for aU new major subdivisions and other residential and non-residential site plan approvals within their service area and interest area. The party to this agreement with development plan review authority shall retain approval authority for all development proposals within its planning jurisdiction. H. Linkage with the Orange County~ChapeI Hill-Carrboro Joint Planning Agreement and other future agreements . This agreement shaJl be made part of the Orange COlillty-ChapeJ Hill-Carrboro Joint Planning Agreemen~, by reference, and to any futw'e cooperative planning agreements that may be entered into among SOIne.or all of the parties. TerInination of the Joint Planning Agreement or any other cooperative planning agreement does not terminate this agreement. Termination of this agreement can only be accomplished as provided in this agreement. Similarly, the withdrawal of a party from the Joint Planning Agreement or from any other cooperative planning agreement does not constitute withdrawal from this agreement. Withdrawal from this agreement can only be accomplished as provided in this agreement. -^--~'.'.,.., "......."......-II~'. . :J.'.....ti'-10'O'.' '. ~~~"., ' ::', . ". 't.:i '. : ~ . ~MJ:. -.'oW', M-,.~>i"'~_,<<l"" ,fQg~s~ '. Primary Service Area: An area where water and/or sewer service is now provided, or might reasonably be provided in the future, according to adopted plans (hereinafter referred to as "service arca"YZ. 2.At,., "" _ "'~~-< 1Il.1_ "H~~~..1FW 1"rrurkc.MJ~:_H~.~_r...."",p...,...,..,......o/w. __, u-1I..~Sr,...,rtArYG. OW ASA Long-Term Interest Area: An area (as shown on the Water and Sewer Service Boundary Map, whieh is Appendix A) within which public water and/or sewer service is not anticipated to be made, but if such services are to be provided, OW ASA will be the responsible utility seIVice provider. Long-Tenn Interest Areas. are not service areas, and do not include areas outside of Orange County. OWASA's . 4 P.07 363 Jul-06-00 04:43P Coleman Gledhill Hargrave 919 732 7997 P.os . REVISED t. 3/29/00 Long~Tenn Interest Area is hereinafter referred to as OWASA's "interest area." 364 Orange County Long~Term Interest Area: The areas of Orange County planning jurisdiction (as shown on the Water and Sewer Service BO\illdary M'ap, which is Appendix A) not part of a Primary Service Area or another LongwTenn Interest Area within which public water and/or sewer service is not anticipated to be made, but if such services are to be provided, Orange County \vill be responsible for coordinating the provision of utility service. Long-Term Interest Areas are not service areas, and do not include areas outside of Orange COlU1ty. Orange County's Long-Term Interest Area is hereinafter referred to as Orange County's "interest ~ea." Essential Public Facility: A publicly-owned facility, or a facility wholly financed by Federal, State or local government (or a combination thereof) that provides a service for the health, safety and general welfare of County residents (for example, a'schoo1, fIre station, public safety substation or solid waste convenience center). . Adverse Public Health Condition: An Adverse Public Health Condition exists in the case ofa wastewater system(s) when it is (1) failing, (2) documented to be failing by the Orange County Health Department, and (3) no on-site repair is approvable or recommended by the Orange County Health Departzrient; or, in the case of a well water supply system, it meets all oftbe followmg criteria: ' . the well water supply system is contaminated with a microbial; chemical or other agent which is known to calise disease or other serious health effects' , , the well water supply system is not reparable to the point where the contamination can be eliminated~ the water from the well water supply system is not treatable prior to withdrawal to the point where the threat of dise.ase or serious health effects is eliminated~ . . . 5 Jul-06-00 04:43P Coleman Gledh;ll Hargrave 919 732 7997 . REVISED 3/29Jb6 there is no alternate location on-site for a new well water supply system which can be pennitted under Orange County Health Department regulatory criteria in effect at the time of the contamination or an alternative site is unacceptable because widespread existence of contamination or because of the potential of contaminant migration to the alternate site. . A description of these terms and their application is provided in Section VI of this Agreement. Public \-Vater or Public Sewer Service: The provision of water and/or sewer service by a party to this. agreement. This definition does not include consulting services and/or technical assistance services. EmeI:"gency Water Transfer: Any short-term transfer of raw water supply or finished drinking water supply from one service provider to assist another service provider in meeting water needs during: . a) unanticipated disruptions or emerge~cies relating to raw or, finished water supply. Such disruptions or emergencies may result from events including, but not limited to: (i) human error; ii) equipment or power failure; iii) supply contamination; iv) , major fires, floods, droughts or other disasters~ and v) operations or facility maintenance activities, or b) periods when temporary, short-term disruption of water supply or finished water service may occur as a result of planned or unplanned maintenance of major water supply, pumping, transmission, treatment, or. storage facilities. Non.Emergency Water Transfer: Any transfer from one water service provider to another water service provider of raw water supply or finished drinking water supply which is not an em.ergency water transfer. Wastewater Transfer: Any transfer from one wastewater service provider to another wastewater service provider. . P.09 36,5" 6 Jul-06-00 04:44P Coleman Gledhill Hargrave 919 732 7997 P.IO REVISED 3/29/00 3 6 6 . 'Vater and/or Sewer Provider: A municipal corporation. county. private non-profit water system. or public water and sewer authority under the N.C. General Statutes that pro\~des water and/or sewer service to the public. ft'"''''d''''':W.'''''''''''-''--''''e''''''' :"'Ijo~,~~~Nli<!I.Y.tl,'~~~=.....,.,,~;;.:.g'iI;':'~~'~"""""'KI%'~;"~\"'''< . '~DOU[MDAR ,,~~~~~~ . ..,.,~~:~~~;~~F~~~~~J~l~~e::~~~~~~~M:~~~~~~~~~~~:~. ._....l!!-..... . ~~~~, ':; . ~'r~~~t<:.::ri;~~~~~~~,.q~=Z;;1~~~~~~~m: A. Service Areas and Interest Area Boundaries TIle service area and interest area boundaries are as shown in Appendix A B. Adherence to BoUndaries . The boundaries on the map (Appendix A) define the areas in which the parties may provide water and sewer service. and no party to ~s agreement shall' extend service beyond the' designated boundaries. except as provided in this agreement (Sections VI.B. VI.C) VI.D. VI.F, VILA. VII.B, vrr.e? In no case shall service be extended beyond the boundaries of Orange County \\~thout the approval of the elected boards which exercise planning jurisdiction on either side of the County boundary. Any extension of lines or service 'into Chatham County requires the approval of qnmge County, Chapel Hill.----Q! Carrboro and OW ABA, J. P4rmJNliazJ PNasf 10 be I~ ill Imtil Dgrmnmt is adopted. ,,'.," ~[;IJg]if~I.~_~~~~~ I~HBDcm IIw} " . 0 :~..". ,..~~ ~~~.::~~'~~.~5~ L,,;.l!;.,,,,,,,, ..', . ,.... '.. . "k_,~ ....,. ~ ., ~~$~ ~ A. Policy Issues Planning and growth management issues are influenced by the location of water and sewer. 1bis agreement is not intended to supersede other land use agreements made by the local governments. . 7 Jul-06-00 04:44P ColQman Gledhill HargravQ 919 732 7997 P.ll . B. REVISED 3129/00 5/30/00 Procedures for the provision of service within the Service Areas and Interest Areas 367 I. When water and sewer service provision is required to address an adverse public health condition~ or to provide service to an essential public facility, the designated provider for the service area or interest area shaH have the right of first refusal to provide such service. ' 2. Within the service areas and interest areas, the water and sewer provider will agree to provide service, as defined in this agreement, as system capacity~ financial resources, and other reasonable utility considerations, allow, and as provided in this agreemenC C. Policy of "first-refusal" 1. The designated water and sewer provider within a service area or interest area has first right to provide service if an adverse public health condition or essential publie facility service need is established, and public water or public sewer service is detennined to be required to address the adverse public health condi tion. . , . 2. If the designated water and sewer provider declines to provide service, it must notify the other parties to the agreement with a statement of rationale. 3. The designated water and sewer provider may contract with another service provider to address the situation, in the manner prescribed in Section VI of this agreement, upon consultation with other jurisdictions. 4.' 1fno other water and sewer provider is available, Orange Cmmty retains the right to address the adverse public health condition or essential public facility need in the manner prescribed in Section VI of this agreement. 8 . Jul-06-00 04:45P Coleman Gledhill Hargrave 919 732 7997 P.12 REVISED ~, 368 3/29/00 . D. Otber EXtCBSi9R &mll\fRRRgement R~spa8sibilities I . Reseryed ~iI ~imMm ",..' 'l:~ '. $[ "Tq ~. ; . f I \ "".'\1,1.. :.11,-. A. Prohibitions and Limitations on Extension Into Interest Areas The development ofland within interest areas is not projected to occur at urban densities, and therefore, public water and sewer service shall be prohibited in these areas, except as provided in this agTeement {Section VI.B, VJ.C\ Vl.D, VU-i, Vll.A, VII.B, VII.C}~. Individual on-site and small/community-scale alternative water supply and wastewater treatment systems not physically connected to central systems will be the primary methods of meeting the wat~.f and sewer service needs of existing and future development. j, ibid. . B. Ad\'erse Public Health Conditions An exception to the prohibition of public water and sewer service in interest areas may be made lo allow the extension of lines in tbe event the Orange County Health Department documents an "adverse public health condition," An adverse public health condition exists where: 1. In thc case of existing wastewater system(s), it mcets all of the following criteria: . the wastewater system is failing; . the wastewater system is documented to be failing by the Orange County Hcalth Depal1ment; . there is no on-site repair approvable or recommended hy the Orange County Health Departmen t. The followi,ng terms used in the criteria above mean: . <) Jul-06-00 04:45P Coleman Gledhill Hargrave 919 732,7997 . . . REVISED 3/29/00 Failing Wastewater System: A wastewater system is failing when sewage or effluent is seeping or discharging to the ground surface or to surface waters. A permitted, properly-functioning non-discharge wastewater system (e.g.) a spray-irrigation system) and a pennitted, properly~functioning discharge system are not failing wastewater systems. ApprQvable On-Site Reoair: An ~pprovable on-site wastewater system repair that can be completed in a designated repair area which is approvable under Orange County Health Department regu~atory soiVsite criteria i.n effect at the time of the needed repalI. Recommended On-Site Repair: A recommended on-site repair is one that is not an approvabJe on-site repair, but is one that in the best professional judgement of the Orange County Health Department will reasonably enable the system to function properly. A recommended on.site repair may incorporate engineered design (a design certified by an engineer to overcome all soiL'site limitations in the particular situation), site or system modification, flow reduction or other measures calculated to improve functionality of the system. . 2. In the case of an existing well water supply system(s), it meets all of the following criteria: . the well water supply system' is contaminated with a microbial, chemical or other agent which is known to cause disease or other serious health effects; the well ,water supply system is not reparable to the point where the contamination can be e,liminated; the water from the well water supply system is not treatable prior to withdrawal to the point where the threat of disease or serious health effects is eliminated; . . 10 P.13 369 Jul-06-00 04:46P ColQman G1Qdhill HargravQ 919 732 7997 P.14 REVISED 3/29~G' 3 7 0 5/30/00 . . there is no alternate location on-site for a new well water supply system which can be permitted under Orange County Health Department regulatory criteria in effect at the time of the contamination or an alternative site is unacceptable because widespread existence of contamination or because of the potential of contaminant migration to the alternate site. The following terms used in the criteria above mean: ~ A well is any excavation that is cored, bored, drilled, jetted, dug or otherwise constructed for the purpose of locating, testing, developing, draining or recharging any ground water reserves or aquifer, or that may control, divert, or otherwise control the movement of water from or into any aquifer. . Well Wat~LSUR.oly System: A well water supply system is any well that is intended for use or is usable as a source of water supply for domestic use (including household purposes, farm livestock, or gardens) and the pump and pipe used in connection with or pertaining thereto, including well pumps, distribution pipes, plumbing pipes, tanks, fittings, and water treatment devices. . The Orange County Health Department makes shall make the determination as to whether ~ an adverse public health condition exists, and will shall make a recommendation on the appropriate remedy to the governmental entity(ies) in the appropriate interest area. The final decision to use any particular means or tool for rectifying any particular adverse public health condition remains, through zoning regulations or other land use ordinances, with the govenunental entity or entities having zoning or planning jurisdiction over the area where the adverse public health condition exists. In the Orange County-Chapel Hill. Carrboro Joint Planning Area, the Joint Development Review Areas shall be used to deterniine which of the JP A parties shall jointly 11 . Jul-06-00 04:46P Coleman Gledhill Hargrave 919 732 7997 P.IS . REVISED 3129/00'0, 3 7 1 decide on the appropriate means or tool for rectifying an adverse public health condition. Publi~ water or public sewer lines extended to provide service to an adverse public health condition or essential public facility cannot be used for other purposes or other parties, except as provided in Section \'I.D. c. Sizing of Lines Extended Into Interest Areas The extension of public water or public sewer lines into an interest area shall be sized so as to com oly with Sta te technical and ene:ineerinE, re~ulations and only to serve, the intended use, as defined in this agreement. However, in the case of a publi~ water line extension, provisions shall be made to address adequate line sizing for pre'ssure and volwne considerations. D. Controlling Access to Lines In Interest Areas . Public water or public sewer lines extended to provide service to an adverse public bealth condition or essential public facility cannot be used for other pUIposes or otb~r parties, except to remedy another adverse public health condition. E. Siting of Essential Public Facilities 'Vi thin Interest Areas The location of some essential public facilities, particularly schools, requires special consideration for access to public water and sewer lines. Where possible, schools shall be sited in a manner that promotes the efficient use of existing water and se~er service. Preferably, a set of criteria governing such situations would be developed based on consultations between the appropriate school boards and the elected officials of affected jurisdictions, and applied as necessary. Publicly-owned fa~ilities other than a public school shall be located in a manner that promotes the orderly provision of water . 12 Jul-06-00 04:47P Coleman Gledhill Hargrave 919 732 7997 . REVISED 3(29/00, and sewer service. The preferred method of connection is to lines that already exist, or in a manner that would minimize the need to extend existing lines. . F. \Vater and Sewer Service Into/Out of Orange Count)' Rec.ognizing the land use implications of public water and public sewer service in adjacent counties on jurisdictions within Orangc . County, water and sewer seIVice of any of the service providers that are parties to this agreement shall not be extended outside of the boundaries of Orange County without the approval of the elected boards which exercise planning jurisdiction on either side of the County boundary. Any' ex'tension of lines or service into Chatham County requires the approval of Orange County, Chapel Hill, Q.t Carrboro and OW /\SA This approval is not required when water and sewer service is required as a condition of annexation by the towns of Chapel Hill or Carrboro. . ;,"'>:ilW"'JIRr"~lM:":"'.""": ' 's_Imj~I_" , : ~~ ~ . 'It":~~J:.JJ[<w.~<<AH.Sf~. . ., > ., , .. S , A. Emergency Water Transfers (This subsection shall not appl! to any system operated by a municipality) , ' Emergency water transfers are transfers that: 1. Are made for short-term duration. For the purpose of this Agreement, short-tenn duration shall be reviewed at 30 days) 60 'days and 90 days, with subsequent 90-day intervals up to one year, as per the following process: a. After 30 days duration, a memo from the chief administrative officials of the service providers will be sent to the managers of the jurisdictions that are parties to this Agreement. The memo shall document the emergency, steps being taken to address the situation, and notify the managers of '. 13 P.16 372 ~ul-06-00 04:47P Coleman G1Qdhill Hargrave 919 732 7997 . REVISED 3/29/00 the potential for a longer period of the emergency water transfer. b. At 60 days, the service provider sending the water shall notify its elected board (or, in the case of OW A SA, the member government elected boards) on the status of the emergency and provide opportunity for the boards to review and comment on the situation. The receiving provider shall provide similar information. . c. Between 60 days and 90 days from inception of transfer, the elected boards which exercise planning . .jurisdiction on either side of the bOlmdary in which the service is provided shall review and approve or Dot approve the continuation of the 'transfer beyond 90 days. If continuation of the transfer is approved, it may continue for an additional 90-day period. Approval shall be required for each subsequent 90-day period, with a maXimum emergency water transfer duration of 365 days from inception. Lack of action by the elected boards as provided in this subsection constitutes approval for the subsequent 90-day period. d. At the 3D-day point, the service provider shall determine that adequate water and other resources and facility capacities are available to support the extended emergency transfer without adversely affecting the quality and quantity of water supply and services to customers within its service area, and without adversely affecting environmental quality within its service area~ AND 2. 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. . P.17 373 14 dul-06-00 04:4BP ColQman G1Qdhi" HargravQ 919 732 7997 P.IB . REVISED , 3/2WUlJ 5/30/00 7/5/00 Neither party shall, in planning tor thture growth and associated increases in water .supply needs, rely up~:>n wat~r fl'om the other party supplied under this agreement to serve such gn>wth. 374 a. A service provider experiencing a water ~mergcncy and receiving emergency water transfers must agree to aet expeditiously and adequately to mitigate and remove the causes of the emergency conditions. 8. Non-Emergency Water Transfers (This s~lbscction shall not apply to the Town of HiIIsborough untH January 1. 2005.) Non-emergency water transfers are only permitted with the approval of the Orange County'Board of Commissioners and the elected or appointed boards ofth.e service providers providing and/or receiving the transfer. (fOW ASA is the service provider, approval must come from the OW ASA Board of Directors and the elected boards ofCarrboro, Chapel Hill and Orange County. . c. Wastewater Transfers Wastewater transfers are only pem1itted with the approval uf the Orange County Board of Commissioners and the elected or appointed boards of the service providers providing the;: transfer. If OW ASA is the service provider, approval must come from thc . OW ASA Board of Directors and the elected boards of CarrboTO, , Chapel Hill and Orange County. A. Linkages to Other Agreenlents There are a number of existing agreements among the parties to this agreement that are relevant to the management and plalUling of public water and sewer service. In addition, this agreement and those listed below should all be read togethcr. Where inconsistencies exist, this agreement shall control. except as .. 15 Jul-06-00 04:4BP Coleman Gledh;ll Hargrave 919 732 7997 P.19 . REVISED 3/29/00 otherwise provided by law. Included among these relevant agreements with linkages are: 375 · Hillsborough-Durham Service Area Agreement . OW ASA-Dmham Service Agreement · Eno River Capacity Use Agreement · Hillsborough/Orange-Alamance Water Systems Agreement · OW ASA-Hillsborough Service Agreement · OWASA-Hillsborough Bulk Water Transfer Agreement · Chapel Hill-Durham Annexation Agreement · Mutual Aid Agreement . Jordan Lake Allocations from NC DEHNR · OWA"SA Agreements of Purchase and Sale between 1) OW ASA and Carrboro, 2) OW ASA and Chapel Hill, and 3) O\V ASA and UNC ~~:"~,o\:::~~A""'\>'I':<<mlE':II:'D."IW.C""'E:"'S"'~:~~:~.~.'~~]::"'T.~W~~.~,"'1iliib'ft='~~:'l:'~~~J!";,f~fu\~~~';;;;~;;;;;: I ~~~~.~~" ',' " '- ";==~., ' .~~4~;~,;==r ~l!:oc~%"#.Jl~~{5e~.~K:::~;;~~~~~r~i~~=~~ . _-M-I"," 1<\ ~ . .. ~~.AIC'~:~''''Wloi~...~~~~~~:-l1'J~....1:,i., ~';-~:":'.:_lo().;po~w;;"~'~"~I't'_l"_"~''''''~~:c.Io''.~::~:~,~_~.:.(~:t..i:l<.r':".~~ ,,~<<~-~*' ~...~1t'Iit:';"'.........,~.-._~~, ~~....'" ~..v""t.~~, L" T ~~7~~ . . A. Water anq Sewer Service Boundaries Map B. Charge to the Water and Sewer Boundary Task Force C. Toolbox of Remedies for Adverse Public Health Conditions D. J oint Planning Area Boundary Map E. Comprehensive Plan Land Us~ Maps for all Orange County local governments, and of Chatham County . 16 ' Jul-06-00 04:49P Coleman Gledhill Hargrave 919 732 7997 . THIS AGREEMENT ENTERED INTO THIS 10M DAY OF :::rU {AI ~Pt:'O - ~ J REVISED 3/29/00 Chair, Orange County Board of Commissioners Attest: Clerk to the Orange County Board of Commissioners Mayor, Town of Chapel H111 Attest: Town Clerk, Town ofChapetHiIl Mayor, Town of Carrboro Attest: Town Clerk., Town ofCa.lTboro . ~~~*~~ ~ Mayor, Town of .sboro~gh Attest: u~~/1~ Town Clerk, Town of Hills borough Chair, OW ASA Board of Directors Attest: . 4 30fiJleJ .doc P.20 376'