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HomeMy WebLinkAboutAgenda - 02-18-2010 - Joint Meeting Discussion ItemsORANGE COUNTY BOARD OF COMMISSIONERS HILLSBOROUGH BOARD OF COMMISSIONERS JOINT MEETING AGENDA ITEM ABSTRACT Meeting Date: February 18, 2010 SUBJECT: Joint Meeting Discussion Items DEPARTMENT: County Manager/Town Manager/Town Planning/County Planning/Aging-OPT PUBLIC HEARING: (Y/N) No ATTACHMENT(S): As noted in "Background" section INFORMATION CONTACT: Frank Clifton, 245-2300; Eric Peterson, 732-1270; Margaret Hauth, 732-1270; Gwen Harvey, 245-2300; Craig Benedict, 245-2592; Jerry Passmore, 245-2000; Karen Lincoln, 245-2580; Greg Wilder, 245-2300 PURPOSE: To discuss topics of mutual interest between the governing boards of Orange County and the Town of Hillsborough. BACKGROUND: 1. Central Orange Coordinated Area (COCA) Interlocal Agreement -Discussion Regarding Urbanizing Area Representation on Hillsborough Planning Board and Board of Adjustment Orange County and the Town of Hillsborough signed an Interlocal Agreement regarding the Central Orange Coordinated Area in December 2009. During the course of adoption, the topic of establishing a representative from the Orange County Urbanizing Area on the Hillsborough Planning Board and Board of Adjustment was considered, but the provision was not included in the Agreement because consensus was not reached. In the interest of getting an Agreement in place, the Town and County informally agreed to discuss the topic at a later date. Orange County staff suggested that including a representative of the Orange County Urbanizing Area on the Town's Planning Board and Board of Adjustment was desirable because the Orange County Urbanizing Area will function somewhat similarly to an ETJ (Extraterritorial Jurisdiction) area in that annexation is possible in the future since these areas are within the Urban Service boundary (i.e., annexation boundary). (See attached map for locations of boundaries). Town of Hillsborough staff believes including a representative of the Orange County Urbanizing Area on the Town's Planning Board and Board of Adjustment is not desirable because: 1. The Orange County Urbanizing Area will NOT function similarly to an ETJ (Extraterritorial Jurisdiction) area. Residents of this area will be subject to Orange County ordinances and processes until such time as they are annexed, if they are annexed. Granted the ordinances and processes will be similar if not identical, but the County will still have jurisdiction and responsibility for reviews in this area. 2. Including residents of the Orange County Urbanizing Area to the advisory boards will confuse what is already a difficult concept for the public to understand (why they are subject to town regulations when they do not live in town). 3. The Hillsborough Town Board has a long history of considering the comments from any neighbor or property owner during project reviews, regardless of whether the person making the comments lives in town, in the ETJ, or in the county. Residents in the Hillsborough Urbanizing Area will be included as members on both advisory boards as they will be subject to town ordinances upon implementation of the Interlocal Agreement. It should be noted that the Orange County Commissioners have the authority to appoint the ETJ representatives to the Hillsborough Board of Adjustment. The Town sends forward recommended members, but the County can appoint anyone. If there are no "qualified volunteers", i.e. those residing in the ETJ, the County Commissioners can appoint any county resident to fill the positions. A possible option staff has discussed and believes is a reasonable compromise is to amend the Town's regulations to allow some flexibility as to the residency of the seats for the ETJ and/or urbanizing area, perhaps residents from 3 areas (the ETJ, the Hillsborough Urbanizing Area, the Orange County Urbanizing Area) could be considered for appointment. The viability of this option would need to be confirmed as being compliant with state law requirements for representation. County and Town staff recommend that the two elected boards discuss this issue and provide direction to staff on how to proceed. Attachment 1 -Town of Hillsborough/Orange County Strategic Growth Plan Phase 11 Central Orange Coordinated Area Map 2. Update on Congestion Mitigation and Air Quality Grant Agreement: (a) Operating Assistance for Proposed Intra-Hillsborough Public Transit Route and (b) Capital Expenses for DTCC Orange Campus Park and Ride Lot In May 2009, the Orange Bounty Board of Commissioners (BOCC) approved a resolution endorsing a Congestion Mitigation and Air Quality (CMAQ) grant agreement with the North Carolina Department of Transportation (NCDOT). NCDOT signed the agreement on June 5, 2009. The agreement includes three years operating assistance for a new Orange Public Transportation (OPT) intra-Hillsborough transit route that provides a connection to the park and ride lot at the Durham Technical Community College (DTCC) Orange Campus and the Justice Complex in downtown Hillsborough. The agreement allows the County to be reimbursed $130,680 a year for the first three years operating expenses for the new route. The existing contract with the North Carolina Department of Transportation also provides for up to $16,220 or 80% reimbursement for capital expenses that include a transit shelter at the Durham Technical Community College Orange Campus park and ride lot and four (4) bike racks and installation on OPT buses. OPT has developed a business plan showing projected rider-ship, marketing, operating specifics and resources needed to operate the service for the first three years and beyond. There is a one-year time frame from the date of the signed contract to obtain construction authorization for the transit shelter and the County has athree-year window to obligate each year's CMAQ allocation for transit operations. The Town and County must move forward in committing resources for the intra-Hillsborough transit service if they wish to take advantage of the CMAQ funds. Staff will provide any other information at the meeting, and the Boards can discuss issues related to this item as necessary. Attachment 2 -Background Report with OPT Business Plan and Operating Costs Projection 3. Next Steps to Address Churton Street Traffic Congestion Following NCDOT's No- Build Decision on Elizabeth Brady Road As the North Carolina Department of Transportation (NCDOT) has endorsed the No Build alternative for the Elizabeth Brady Road project at the request of both boards and Orange County residents, the Boards can proceed with discussing next steps to address traffic on Churton Street. Opening a dialog with NCDOT through the new board member and staff could be an important first step to identifying a process. A joint approach seems desirable. The quarterly meetings NCDOT holds with County representatives may be a place to begin the discussion. Below is the list of alternatives the town prepared and discussed in November before endorsing the no build option. Existing requests/projects: - Update and modernize I-85 interchange 165 on NC 86 -Update the Feasibility Study for the widening of South Churton Street (TIP R-2825) and construct recommended improvements - Conduct a Feasibility Study for the construction of Orange Grove Street extension to US 70 Business - Conduct a Feasibility Study for the alignment of Eno Mountain Road and Mayo Street (TIP U-3436) and construct recommended improvements - Operational support funding for an in town circulating bus route New Requests: - Designate a NC 86 Bypass - Enhanced signage East, West, and North of Hillsborough to direct through traffic to use the US 70 connector and interstates - A Downtown Traffic Demand Management and efficiency assessment -Assess the impacts and viability of extending US 70 A west to connect with Faribault Lane - Community railroad crossing assessment - Assess the condition of the Eno River bridge and railroad bridge on South Churton Street Staff will provide any other information at the meeting, and the Boards can discuss issues related to this item as necessary. Attachment - 3 -Alternatives -Elizabeth Brady Road 4. Efland Area Sewer Allocation Agreement On February 2, 1987, the Town of Hillsborough and Orange County signed an agreement whereby the Town agreed to accept up to 380,000 gallons per day of wastewater from the Efland Sewer System. The agreement required the County to install and maintain a meter to measure the flow into the Town's gravity sewer system. In the interest of intergovernmental cooperation, the Town agreed to charge the County 70% of its out-of-town sewer rate. This fee is currently $10.35 per 1,000 gallons treated. The Efland Sewer system has historically operated under capacity and continues to do so. The current wastewater flow (from Phase I West and two relatively new developments) to the Town is approximately 30,000 - 40,000 gallons per day on average, or about 10% of the County's allocation. With the planned expansion of the system (Phase I East and Phase II -see attached map for phases), this flow could increase by 50-75% if all existing residences in the expanded service area were to connect to the sewer system. This project is designed but will not create a capacity demand for a couple of years. There are other phases (currently unadopted by the County Board of Commissioners) that could require the entire allocation. Staff will provide any other information at the meeting, and the Boards can discuss this item as necessary. Attachment 4 -Efland Area Sewer Overall System Plan 5. Local Landmarking Program Local Landmarking is authorized under the planning and zoning authority within North Carolina. Property owners who seek landmark status are entitled to a 50% reduction in their local property taxes. Orange County has a landmark program in unincorporated Orange County, but Hillsborough has not established one, instead relying on the local district process. This item was discussed during the second phase of the Strategic Growth Plan process. While a recommendation to pursue this is not in the interlocal agreement, there was consensus on the committee that there was the potential for common ground on this item. The Orange County Preservation Commission has expressed a continuing interest in designations near Hillsborough. The town is conceptually willing to support a program within its ETJ. Board authorization for staff to prepare options to implement this program is requested. Attachment 5 -Local Landmarking Program 6. Update on Rail Station The Rail Station Small Area Plan Task Force is working toward a public meeting to present preliminary plans for the 20 acre Town-owned property (a.k.a. "the former Collins property") and a conceptual land use plan for the remainder of the Collins property. An initial draft conceptual plan for the Town-owned tract was prepared and presented to the Task Force in November 2009. The Task Force is to review several other conceptual plans for the Town-owned and Collins property at its February 15, 2010 meeting. A public meeting to receive comment on the conceptual land use plan(s) has not been scheduled yet, but will likely occur in March 2010. NCDOT as well as elected representatives have included the request for funding for a train station in their various requests for American Recovery and Reinvestment Act (ARRA) funds and Congressional appropriations. NCDOT's grant submittal included money fora Kannapolis- sized station, platform with canopy and parking lot. At this time, it is unclear whether or not our station was included in the $545 million ARRA grant awarded to the State as announced on January 28, 2010. The Town also continues to seek funding through the Congressional appropriations process. The Town understands it may need to react quickly if funding is made available under ARRA. The County had requested a status update on the Rail Station at this meeting. Town staff can provide any further information at the meeting, and the Boards can discuss this item as necessary. Attachment 6 - a -Hillsborough Rail Station Small Area Plan Boundary Attachment 6 - b -Hillsborough-Orange County Rail Station Master Plan 7. Update on Hillsborough's Plans for the Former Collins Property The final Rail Station Small Area Plan report will show the following potential uses for the 20 acre former Collins property (the Town-owned tract): multi-modal transit station including municipal meeting space, parking areas, police station, fire station, performing arts center, and Hillsborough Youth Athletic Association (HYAA) ball fields. Some of these uses may chose to co-locate within one structure. These uses are conceptual at this point and may not all ultimately locate on this property. The HYAA ball fields are considered an interim land use, with that land eventually being put into more urban development when the fields can be relocated. The inclusion of the performing arts center is not a commitment by the Town to either provide space for such a center or to construct a center. The Town has no immediate or specific plans to develop the property within the next 5 years. The County had requested a status update on the Collins Property at this meeting. Town staff can provide any further information at the meeting, and the Boards can discuss this item as necessary. No Attachments 8. signage for County Buildings With the County's construction of multiple new buildings and the subsequent relocation of some County services, the County has a need to enhance signage to direct the public to the appropriate County offices and services. County staff has requested that the Boards discuss the County's interests in additional signage in downtown Hillsborough, at Hillsborough Commons Shopping Center, and at the Whiffed Center. It should be noted that in July 2009, the Town Board of Commissioners adopted the Town's Wayfinding Plan, which was presented to the County Board of Commissioners on January 21, 2010. Upon the staff's recommendation, the Town Board agreed to allow the County to use the same exact design for its Hillsborough facilities, with the exception of the logo. This design was 6 used at the West Campus Office Building and Library. New signage reflecting this design is proposed during construction of the Phase II -Link Center project as well as at the Board of Elections Building. Staff will provide any information at the meeting, and the Boards can discuss this item as necessary. No Attachments 9. Building Inspections Services, Erosion Control, and NPDES Contracts Building Inspections Services Agreement Currently, Orange County Building Inspections provides administration, enforcement, and residential /commercial plan review for compliance to the North Carolina State Building Codes for the Town of Hillsborough working under a 1974 agreement between the Town of Hillsborough and Orange County regarding building and electrical inspections. Orange County provides administration and enforcement of the North Carolina State Building Codes for the Town of Hillsborough pursuant to G.S. § 160A-413, North Carolina Statutes (also known as the N.C. General Statutes, Enforcement of North Carolina Building Code), which permits the TOWN to request the board of county commissioners to exercise their powers within TOWN'S jurisdiction, and they shall thereupon be empowered to do so until the TOWN officially withdraws its request in the manner provided in G.S. 160A-360(g). (1969, c. 1065, s. 1; 1971, c. 698, s. 1; 1973, c. 426, s. 64; 1993, c. 232, s.3. The 36-year somewhat informal agreement should be updated and expanded into a contract and reviewed by both legal offices. Soil Erosion and Sedimentation Control The County adopted the Soil Erosion and Sedimentation Control Ordinance ("Erosion Control Ordinance") in December 1975. Its jurisdiction and effect is countywide per Section 4 of the Ordinance. County staff reviews and approves erosion control plans, monitors construction sites for compliance, and takes enforcement measures as necessary. The program is funded by collection of fees based on the amount of land disturbance and is paid by the person or firm responsible for the land-disturbing activities. Fees are set by the Board of County Commissioners. This program should be updated into a contract and reviewed by both legal offices. National Pollutant Discharge Elimination System (NPDES) In 1972, the National Pollutant Discharge Elimination System (NPDES) program was established under the authority of the Federal Clean Water Act. In North Carolina, the Department of Environment and Natural Resources, Division of Water Quality (NCDWQ) administers the NPDES Stormwater program. NCDWQ designated the Town of Hillsborough (Town) as a Phase II community and issued the Town's initial NPDES Phase II permit on October 1, 2005. The permit required the Town to develop, implement, and enforce a stormwater program designed to reduce the discharge of pollutants from the municipal separate storm sewer system (MS4) to the maximum extent practicable. The program was implemented in phases over the last five years. Recognizing the need for assistance and the economic benefits of collaboration, the Town entered into an interlocal agreement with Orange County (County) in March 2006. The County was already implementing a program with similar components pursuant to their stormwater Ordinance for Lands within the Neuse River Basin. Under this agreement, the County provided services to develop and implement the Town's stormwater program in return for monetary compensation. To date, the services provided by the County have been fully compensated by the Town. This agreement not only benefited the Town, but also benefited the County by essentially implementing one program that satisfies both the Town's Phase II stormwater requirements and the County's Neuse River stormwater program requirements. By collaborating, both entities satisfied requirements more economically. The Town's existing NPDES Phase II stormwater permit is scheduled to expire on October 1, 2010, along with the existing interlocal agreement. County and Town staff have already had discussions regarding renewal of the permit and the inter-local agreement. An updated work plan and agreement are currently being drafted for review by both entities. Staff will provide any other information at the meeting, and the Boards can discuss these services as necessary. No Attachments 10. Valley Forge Road Property and Potential Annexation This item relates to the discussion of a Voluntary Annexation Petition of Orange County Properties on Valley Forge Road into the Town of Hillsborough. At a previous joint meeting with the Town of Hillsborough, there was brief discussion prompted by the Town of Hillsborough on the County's interest in the potential annexation of the County's properties on Valley Forge Road. This includes the old Orange Enterprises site, (now proposed multi-county agricultural value added processing center) 4.64 acres (PIN #9874-31-5787), and the presently leased Builder's First Source site, 12.68 acres (PIN #9874-30-3619), which includes 1.08 acres on the north side of Valley Forge Road and 11.60 acres on the south side. The attached maps show these county properties within the Town of Hillsborough's extra- territorial jurisdiction (ETJ) as well as the majority of other properties on Valley Forge Road that are presently within the town limits. There would be no cost impact on the County, but annexation would help the town so the property could start generating tax revenue for the town. Some services, such as police protection, would switch to the town upon annexation. Fire service would be the same entity but the tenant would not have to pay 5.62 cents because the Town of Hillsborough contracts this service with Orange Rural and is part of the town's tax rate of 62 cents. If annexation is suggested, then the Town of Hillsborough "Petition for Annexation of Contiguous Property" would be scheduled for consideration by the Board of County Commissioners and then the Town of Hillsborough. If approved, the BOCC Chair would sign the petition. The petition would be submitted under the authority contained in G.S. 160A-31. There is no cost to the County for this action. Presently Builder's First Source, leaseholder of the larger 12.68-acre parcel, is paying for out-of-town water rates of $14.14 per 1,000 gallons. When annexed, they will pay in-town water rates of $7.25 per 1000 gallons. Their typical water usage is 10,000 gallons a month. Although their water rates will decrease, Town of Hillsborough policy is to have businesses tie into public sewer, which is available. Therefore, the monthly combined water and sewer rate may eventually be approximately 14.83 per 1,000 gallons, excluding the one time capital costs of the sewer connection ($6,930). The party responsible for paying for the sewer connection will likely be Builder's First Source but timing on these costs has not been discussed. After annexation, the town taxes on the old Orange Enterprises building would not be applicable whether remaining in Orange County ownership or possible future 501 3(c). However, the Builders First Source's property (valued at approximately $2.9 million) has provisions within the lease with Orange County to pay applicable taxes which would include payment to Orange County, as it does now, and Town of Hillsborough after annexation which could be proposed later this year. This additional town tax amount would be approximately $18,000, less the fire district tax of approximately $1,500. Staff will provide any other information at the meeting, and the Boards can discuss this item as necessary. Attachment 10 - a -Orange County Property on Valley Forge Road -Hillsborough Municipal and ETJ Areas Attachment 10 - b -Orange County Property on Valley Forge Road -Orthography FINANCIAL IMPACT: There is no direct financial impact associated with discussion of these topics. There are no action items requiring formal Board decisions. RECOMMENDATION(S): The Managers recommend the Boards discuss the topics listed and provide appropriate direction to the respective staffs.