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Wednesday, July 18, 2007
How Appalachian State University Operates, Part 3
1. Sewer Maintenance Agreement
Negotiations went on for multiple years between representatives of ASU (primarily attorney Dayton Cole, with Director of Design and Construction Clyde Robbins and "chief of staff" Lorin Baumhover) and the Town of Boone for a "sewer maintenance agreement," which was unanimously adopted by the Boone Town Council on May 18, 2006, and forwarded to ASU Chancellor Ken Peacock for his signature. Chancellor Peacock has never signed the agreement (which can be read in its entirety here, pp. 19-25).
The "sewer maintenance agreement," among other provisions, called for...
Negotiations went on for multiple years between representatives of ASU (primarily attorney Dayton Cole, with Director of Design and Construction Clyde Robbins and "chief of staff" Lorin Baumhover) and the Town of Boone for a water supply "interconnectivity" agreement which was unanimously adopted by the Boone Town Council on November 16, 2006, and forwarded to ASU Chancellor Ken Peacock for his signature. Chancellor Peacock has never signed the agreement (which can be read in its entirety here, pp. 15-21).
The water supply agreement, among other provisions, called for...
Failure of ASU to sign these agreements, worked out under color of cooperation and good will by both parties, signals something less than full faith and credit.
Negotiations went on for multiple years between representatives of ASU (primarily attorney Dayton Cole, with Director of Design and Construction Clyde Robbins and "chief of staff" Lorin Baumhover) and the Town of Boone for a "sewer maintenance agreement," which was unanimously adopted by the Boone Town Council on May 18, 2006, and forwarded to ASU Chancellor Ken Peacock for his signature. Chancellor Peacock has never signed the agreement (which can be read in its entirety here, pp. 19-25).
The "sewer maintenance agreement," among other provisions, called for...
ASU to calibrate all its sewer meters within 5 years from the execution of the agreement and to replace or repair any meters which are inaccurate2. Water Supply Agreement
ASU to grant permission to Boone to access all ASU lands and facilities served by town utilities for the purposes of installing, inspecting, operating, maintaining, repairing, and reconstructing its sewer lines
TOB in all cases to notify ASU Dir. of Design & Construction 3 business days prior to engaging in any of the activities specified above, except in cases of emergency
ASU to establish a 35-ft. wide zone over existing sewer lines, to avoid any use which interferes with town maintenance of those lines (ASU would be entitled to landscape the zone, but in event that vegetative roots damage sewer lines, ASU would bear the expense of repair) [this provision violated by the construction of the covered entry to Hoey dorm in June 2007, which sits entirely over the TOB's sewer line]
TOB to restore to original condition any ASU facility injured, marred, or defaced by maintenance activities, and to remove any waste at the town's "sole cost and expense"
Negotiations went on for multiple years between representatives of ASU (primarily attorney Dayton Cole, with Director of Design and Construction Clyde Robbins and "chief of staff" Lorin Baumhover) and the Town of Boone for a water supply "interconnectivity" agreement which was unanimously adopted by the Boone Town Council on November 16, 2006, and forwarded to ASU Chancellor Ken Peacock for his signature. Chancellor Peacock has never signed the agreement (which can be read in its entirety here, pp. 15-21).
The water supply agreement, among other provisions, called for...
ASU to supply and sell water to Boone to meet peak demand "from time to time," provided that ASU can also meet its needs. In addition, ASU would agree to sell an amount of water to Boone at least equal to the amount Boone supplies to ASUComment
Either ASU or Boone, in the event of a required interruption or curtailment of water delivery, to give the other party at least 24-hr. notice of interruption
Boone to pay ASU for water at the same rates applicable to Boone's provision of water to ASU
Both parties to jointly fund the expenses of design, construction, maintenance, and operation of an interconnection between the two water systems
ASU to be responsible for selection of designers, engineers, and contractors to construct the interconnection facilities, agreeing to give Boone 45 days to review and submit comments or recommendations on any proposals
ASU to periodically invoice Boone for one-half of all expenses incurred in planning, design, construction, maintenance, and operation of interconnection facilities
In the event of a failure of water supply within the system of either party, the other party to supply water "to the maximum extent feasible" to its partner in this agreement
Failure of ASU to sign these agreements, worked out under color of cooperation and good will by both parties, signals something less than full faith and credit.
