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HomeMy WebLinkAboutAgenda - 05-17-2011- 8aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 17, 2011 Action Agenda Item No. 8 - a SUBJECT: Solid Waste — Rogers Road Community DEPARTMENT: Solid Waste Management PUBLIC HEARING: (Y /N) No ATTACHMENT(S): A. County Map - Historic Rogers Road Planning Area B. 10 -19 -95 Recommendations to The Landfill Owners Group C. 1997 Report of the Landfill Owners Group /Landfill Neighborhood Working Group "Recommendations" D. 5 -1 -08 Rogers Road Community Task Force — Recommendations E. 8 -18 -09 Rogers Road Area: Cross - Reference of Town and County Task Force Reports F. 2 -8 -11 OWASA Sewer Extension Estimates — Rogers Road Area G. 4 -25 -11 Estimated Tonnage Solid Waste Delivered to Landfill by Source FY 2009 -10 PURPOSE: To review and consider: INFORMATION CONTACT: Frank Clifton, County Manager, 245- 2300 Gayle Wilson, Solid waste Management Director, 968 -2885 Michael Talbert, Interim Assistant County Manager, 245 -2153 A plan for the remediation of the impact of the landfill operations on the Rogers Road community: 1. Creation of an oversight Committee to make recommendations to the Board. 2. Plan of action approved by the Board. 3. Funding Sources for Remediation. Three options for scheduling the closure the Orange County Landfill. BACKGROUND: Beginning in 1972 with the initial opening of the County landfill and extending to the present, the expected life of the landfill has evolved. In 1989 the expected life of the landfill was projected to be through 1997. Rogers Road Neighborhood On August 18, 2009 the Board received Attachment E, "Rogers Road Area: Cross Reference of Town and County Task Force Reports. This agenda item abstract summarizes the results from the Rogers Road Small Area Plan Task Force and the County Historic Rogers Road Community Enhancement Plan Task Force reports from 2009, but did not recommend that the County take any action. These two plans are the most recent in a series of committees, task force and plans completed since the landfill opened in 1972. A number of local government initiatives have been implemented to improve the quality of life in the Rogers Road Community and they are as follows: 1. The Solid Waste fund paid $650,000 to extend public water service by the Orange Water and Sewer Authority (OWASA) to the Rogers Road area. As of July 2010, water was available to 166 parcels and 71 have connected. 2. Solid Waste has installed gas flares to reduce odors. A landfill gas to energy project (Orange County and UNC) will be completed within the year. The project will further reduce air odor problems, provide a long -term renewable energy source to UNC reducing dependence on increasingly expensive fossil fuels, and reduce carbon emissions. 3. Town of Chapel Hill initiated bus service on Rogers Road. 4. Solid Waste has initiated a no -fault well policy to deal with failing drinking water wells remaining in the adjoining neighborhoods. Resolution proposed by Rogers Eubanks Neighborhood Association (RENA) On April, 5, 2011 the Board received numerous public comments regarding the three options presented to extend the life of the landfill. RENA presented a resolution requesting that the Board take actions on behalf of the Rogers Road Community. 1. Immediately designate $2.50 per ton or 5% of the landfill tipping fee to fund remediation for the Rogers Road Community, proceeds to be paid in full to RENA, who is the designated agent for this historic community. 2. Set a County priority to seek alternative methods of waste disposal in order to close the landfill as soon as possible but not beyond 2016. Landfill Gas to Energy Project This Landfill Gas to Energy Project is not yet operational and therefore difficult to project the impact on Solid Waste Fund. This issue will be revisited at a later date. Landfill Operations There are numerous variables involved with the continually changing capacity expectations and projections. Disposal volumes have varied over the past 40 years. Changes in regulations, changes in operational best management practices, equipment and techniques, effectiveness of recycling and waste reduction programs, public environmental knowledge and awareness, state and local bans, increasing tipping fees, evolving regional disposal options, etc. have all contributed to extending the life of the facility. There is difficulty with predicting the landfill biodegradation process at work that varies due to the types of waste, moisture content, age of waste, compaction, etc. Moving forward there are fewer opportunities to significantly extend the life of the facility as the above variables will have a diminishing impact. Upon the hiring a new engineering consultant (HDR Engineering, Inc.) last summer, County staff asked that the landfill facility be given a thorough evaluation to prepare for facility closure and any final possibilities for obtaining further capacity, without expansion of the facility footprint. Staff recommended extending landfill life to approximately January 2017. The Board requested additional information concerning a plan for the remediation of the impact of landfill operations on the Rogers Road community. On April, 5, 2011 the concept of instituting a tipping fee surcharge with the intent of generating funds over the remaining life of the landfill for neighborhood improvements was discussed. Within life remaining in the Orange County Landfill, there is limited time to fund meaningful reserves for remediation. Currently the FY 2011/12 projection of municipal solid waste tonnage is 48,000 tons per year. This means that each dollar on the tipping fee would generate about $48,000 annually. The County Manager recommends a tipping fee surcharge of $5.00 per ton. This recommended increase would generate $240,000 in the first year to be reserved for neighborhood improvements. To immediately fund reserves for neighborhood improvements, an initial contribution of $750,000 is recommended to be appropriated from the Solid Waste Fund Balance. This would bring the reserve for neighborhood improvements balance to $990,000 as of June 30, 2012. Incremental annual increases in the tipping fee surcharge of $2 per ton per year would generate total revenues shown below. Projected Revenues from an increasing Tipping Fee Surcharge Fiscal Year Tipping Fee Surcharge Annual Revenue Total Revenues Fund Balance Appropriation $750,000 $750,000 2011/2012 $5.00 $240,000 $990,000 201212013 $7.00 $336,000 $1,326,000 201312014 $9.00 $432,000 $1,758,000 2014/2015 $11.00 $528,000 $2,286,000 Option 1 close 111/2016 $11.00 $264,000 $2,550,000 FINANCIAL IMPACT: The financial impact of extending landfill capacity could be considerable for Orange County and the Interlocal Agreement partners (as well as other users). The landfill is currently projected to reach capacity about June 30, 2013. Option 1 would generate about $0.9 million of additional funds that could be reserved for closure /post closure costs and delay closure over current projections and permit authority by about 2.5 years. Option 2 would generate about $1.25 million of additional funds that could be reserved for closure/ post closure costs and closure for about 3.5 years. Option 3 would generate about $1.6 million of additional funds that could be used for closure/ post closure costs and delay closure for about 4.5 years. The Landfill tipping fee surcharge could generate $1,800,000 over five years. Combined with the $750,000 initial contribution from the Solid Waste Fund Balance, total revenues of $2,550,000 could be established for the Rogers Road Remediation Reserve Fund. The extension of time provides an opportunity to build reserves from a tipping fee surcharge as outlined in the Background. Additionally, extension of landfill life would delay incurring the additional expenses by all Interlocal Agreement partners related to the hauling of waste to the City of Durham Transfer Station (undetermined but substantial). RECOMMENDATION(S): The Manager recommends that the Board provide guidance to staff with regard to the staff proposal related landfill capacity issues. Provide guidance to staff on a plan for the Remediation of the Historic Rogers Road Community including but not limited to the following elements: 4 1. Establish a Rogers Road Over -Sight Committee to advise and make recommendations to the Orange County Board of Commissioners. 2. Appoint an eight (8) member Over -Sight Committee as follows; (3) members from the Towns, (3) members from the Rogers Road Community, (1) member from the County, and (1) member from OWASA. 3. Empower the Over -Sight Committee to accomplish the following: a) Define the boundaries of the Rogers Road Community. b) Identify remediation needs in the Rogers Road Community that are related to the operation of the Orange County Landfill since 1972. c) Prioritize needs in the Rogers Road Community that are related to the operation of the Orange County Landfill since 1972 achievable within available funding limits. d) Make recommendations to the Board 4. Beginning July 1, 2011, establish a $5.00 tipping fee surcharge that incrementally increases each fiscal year by a minimum $2 per ton as long and the landfill is operational to fund a Solid Waste Rogers Road Remediation Reserve Fund. Funds will be maintained in the Solid Waste Fund and used for remediation of the Rogers Road Community as directed by the Board. 5. Effective July 1, 2011, appropriate $750,000 from the Solid Waste Fund Balance to Establish a Rogers Road Remediation Reserve Fund. Other Issues /Concerns: 1. Those representing the Rogers Road Community (RENA) and others have made numerous requests and put forth a variety of service demands that may not have any direct or indirect relationship to the landfill or its location. Not all of those requests can be linked to the landfill or the proposed Remediation Reserve Fund (regardless of the merit of those requests otherwise). It is intended as noted above that some thought and acceptance be developed toward a `priority list' of actions for which the Remediation Reserve Fund be specifically dedicated to finance. The legality of some uses proposed by RENA and others could lead to successful challenges that cause delays to implementing important improvements. A clear, concise list of priorities should be a first step to action. Since this area clearly lies within or next to the municipal boundaries of the Towns of Chapel Hill and Carrboro, it would seem reasonable both towns might extend additional resources to address needs not directly /indirectly attributed to the landfill's location. Previous studies suggest that the direct involvement of the municipalities will be essential to success. (Municipal matching funds could be used to meet specific demands,) 2. The Board of Commissioners has full authority to close the landfill at `its' option. Extending the landfill's closure date allows the accumulation of financial resources to address some but not all needs within the Rogers Road area. It is suggested the Board of Commissioners clearly declare a closure date to finally resolve the issue of how long the landfill remains open. At least a six -month notice needs to be provided all users. If desired the landfill could be closed as early as the end of 2011. E 3. There may be alternative disposal methods available for solid waste management at some future date. Regardless of technology, those alternative methods will come at a higher cost AND still involve the transport of large volumes of waste to a specific location. This will remain a county -wide issue BUT not solely a county government problem. Legitimate, forthright discussions need to occur involving the disposal of municipal solid waste. Method to be selected, how to fund the associated costs and where to place facilities remain to be properly addressed. The process should be transparent but focused. NO neighborhood, urban or rural, wants to host such a facility. Addressing those localized concerns will be a difficult and troubling task. 4. Recycling remains a high priority in Orange County. The County has taken the lead role in providing these services county -wide. The County must continue to focus on efficiencies in both the fixed drop -off locations and curbside service elements of this program. Automation and compaction of recyclables will help contain costs BUT those costs will increase. Recycling also includes debris and yard waste services along with demolition waste disposal. Those residing in the Rogers /Eubanks Road area should recognize and understand that Eubanks Road will remain home to the County's demolition debris disposal efforts and solid waste equipment storage and maintenance functions long after the municipal solid waste landfill closure. There are no current plans to relocate that facility or site a new similar facility elsewhere in Orange County for the foreseeable future. 5. Summarizing: Extending the lifespan current municipal solid waste landfill can provide a revenue stream to address some but not all Rogers Road area needs. Determining what needs are addressed is a role for community /government collaboration but the final decision and responsibility for action rests with the Board of Commissioners in conjunction with municipal cooperation. Moving forward will bring some closure to many long standing issues (besides just the landfill). It will not resolve or address all community concerns or desired outcomes. Those goals will require on -going efforts and commitments among all of those with a vested interest in Orange County's future. MAN At miff <��1��� �1 is ♦� �, , � �i I�,l-yyc a ..R��/�"' � �, . Rai ►s'' :, `�� '' :� I lank �j�fj'�im F . * At W.- IIik�.�►._ i� �• Attachment B October 19, 1995 RECOMMENDATIONS TO THE LANDFILL OWNERS GROUP recommend that the Landfill Owner's Group recommend that the _ree governing bodies (Orange County, Chapel Hill and Carrboro) ;rchase the Neville tract under the following three conditions: Establish a Monitoring Group to participate in the environmental assessment and Special Use Permit (SUP) application processes. The Monitoring Group should be composed of the citizens who participated in the development of these recommendations (representatives of the Nunn family, representatives of the Northwest Chapel Hill Neighborhood Association) at a minimum, plus other affected citizens as needed, and technical resource people identified by the citizens to assist them in understanding the technical discussions and to supplement the expertise of the SUP applicant's consultant. 2. Generate through the environmental assessment and special use permit application process, with the continuing good faith participation of the citizens and governments who participated in the development of these recommendations, the information and decisions needed to resolve the following 22 issues. The group developing these recommendations believes that it cannot resolve these 22 issues without further technical information and informed discussions based on that information. 3. The above- mentioned environmental assessment will be performed in conjunction with development of the above- mentioned special use permit and will include a description of the proposed actions, identification of their potential environmental impacts, strategies to minimize and mitigate potential impacts on the environment and resources, and consideration of short - term and long -te=m benefits and effects of the project. We recommend that these three conditions be addressed prior to the beginning of any operations on either the Greene or Neville tracts for acquiring landfill daily cover. We recommend that all of the conditions below be addressed and an attempt made to resolve them by the three governing bodies within the guidelines of this document. We recognize that it will be easier to reach agreement on some issues than on others, and so have separated these unresolved issues into two groups to facilitate resolution: "Easy Issues for onsensus" 1. Plans for protecting and monitoring water quality in the areas 8 of the Neville and Greene tracts. 2. Should any contamination or problems surface in regard to environmental damage to soil and water, the governments shall provide solutions to those problems (i.e., providing these areas with water a government expense). 3. Plans for creating appropriate buffers that will minimize the effects of the soil removal operations on , adjoining landowners. 4. Future use of the properties by landowners over the next twenty years if the properties are under the management. of local governments. This should include the necessary guarantees that stipulate that these sites will not be used for landfills or supplements to any landfills either directly or indirectly. S. A written guarantee of no blasting. 6. A clear description of the process to be used for dirt removal, including: - when and how long (number of years, hours of operation, etc.), -where (including buffer, design of site), - how 7. Any and all guarantees and agreements be legally enforceable. 8. 'A plan for - future use of the Neville and Greene tracts be developed that is environmentally sound and prohibits use for any type of dumping or storage. 9. No utility roads to the Greene tract be developed unless part of the future use master plan. 10. The optimal solution to the soil deficit problem will be found by utilizing either the Neville Tract or-the Greene Tract. The following principles.for selecting an area for obtaining soil within the Neville /Greene tracts will be used by the Landfill Owner's Group in developing the special use permit to be submitted to the Town of Chapel Hill: - Select area that minimizes removal of "significant" hardwood trees. - Select area which will allow utilization of modern erosion control techniques to .. vent. s:tormwater problems. 11. Non - monetary alternative for mitigating potential impacts on property contiguous to the current landfill and Neville Properties will be considered by the LOG, including: - Enhanced dust control measures. - Ensuring that the Neville /Greene tracts will not be utilized in the future to process or dispose of solid waste. "Issues Needing SicMif ;ca= Disc ion" 12. Begin immediately stockpiling any possible sources of dirt now. Can any available dirt from commercial and /or residential construction be stockpiled? Could the Johnson tract (recently logged) be used to stockpile dirt? 13. Is there a 55- acre "land locked" tract behind UPS and the park- and -ride lot that could be used for obtaining dirt? 14. Can a survey and description of the oak trees be conducted and published so that everyone will know what's being lost (e.g., age of oaks, plans to replant and length of time to grow)? In a broader sense, could a complete assessment of what is actually going-to be destroyed be prepared (history of land, streams, trees, topography, and any other nontangible variables) and published? 15. A written report from an environmental impact study on the removal of soil from Neville and Greene tracts. 16. Conduct complete environmental pre - measures of possible effects of dirt removal. Specifically, an independent analysis of current environmental conditions before any dirt is removed. Facts to assess include but are not limited to: - noise and vibration - dust - water run -off patterns and volume - well water quality - wildlife 17. A periodic independent assessment of environmental factors (e.g., yearly ?) once the dirt removal process begins. 18. A process to remedy any environmental damages) to neighboring properties. A compensation and restoration process be developed in the event that damage occurs. 19. The following principles for selecting an area for obtaining soil within the Neville /Greene tracts will be used by the Landfill Owner's Group in developing. the. Special Use Permit ,SUP) to be submitted to the Town of Chapel•Hill: Select area that minimizes the number of-residences 0 10 affected.(noise, dust, aesthetics, etc.). - Select area, that minimizes energy expenditure (haul distance). 20. Non - monetary alternatives for mitigating potential impacts on property contiguous to the current landfill and Neville Properties will be considered by.the LOG, including: - Alternative daily cover usage to reduce the need for soil and to minimize odors. Extending water lines to residences if the landfill causes chemical or biological contamination to drinking water. 21. A state certified appraiser be hired by the authorities involved to assess the "non- landfill" per -acre value of the Nunn tract and any other affected areas adjoining the proposed sites. A per -acre compensation amount to be paid by the governments to the adjoining landowners shall be determined by subtracting the per -acre value of Neville tract (determined by the purchase price) from the appraised Per -acre value of these lands (without the landfill), the difference being fair compensation for value loss due to past, present and future impacts that the landfill has caused to the Nunns and others. 22. Options for mitigating potential impacts on property contiguous to the current landfill and Neville properties are: Purchase tracts, voluntarily offered, on a fee simple basis. Payment to be based on fair market value, determined by standard governmental procedures, plus a "relocation consideration" for tracts with residences. - Purchase easements from neighboring residents to ensure maintenance of a buffer (e.g., for noise abatement) and a ,relocation consideration" for affected residents. Signatures of group members participating. in the discussions which generated these consensus recommendations: WA Names of group members participating in the discussions which generated these consensus recommendations: Mrs. Gertrude Nunn, Judy Nunn Snipes, Roger Snipes, Ashley Nunn, Irving Nunn, Larry Reid, George Griffin, Joyce Brown, Jacquie Gist, Don Willhoit. 11 12 Attachment C Report of the Landfill Owners Group/Landfill Neighbors 'Working Group The following recommendations of this Working Group should be incorporated into the inter -local agreement transferring ownership and operation of the Orange Regional Landfill to Orange County. The recommendations should be incorporated in such a way as to be legally binding on the signatories to the inter -local agreement. In no way should these recommendations be interpreted as compensation for siting of a future landfill in the Eubanks Road area -- rather they are solely meant to address the compensation of neighbors for having lived near the current landfill. Recommendations for Improvements around the Orange Regional Landfill t. 1. The Working Group recommends that water and sewer mains be extended to provide service to the area along the entire length of Rogers Road; Millhouse Road from Eubanks Road to New Jericho Road; and serving households on other side streets off these main roads (including, but not limited to, Purefoy Drive, Rusch Road, Priscilla Lane, Sandberg Lane, Meadow Rug. Court,.Manor Drive, Manor Court, and Blackwood Mountain Road). Theso improvements should be provided by the completion of-the 2002 -2003 fiscal year. The costs of providing these improvements should be paid for by landfill funds to the extent allowed by North Carolina law. The remaining costs of these improvements should be divided among the owners of the Orange Regional Landfill on the same basis as their ownership (i.e. Orange County 43 %, Town of Chapel Hill 43 %, Town of Carrboro 14 %). The Working Group recommends that the Town of Chapel Hill act as the coordinating agency in carrying out these improvements. 2. The Working Group recommends that Orange County, Chapel Hill, and Carrboro provide assistance to low - income residents in the areas where water and sewer service are to be extended in paying the costs of connecting to water and sewer. This assistance' can take the form of Community Development Block Grants, other grants, or local funds where allowed by state law. "Assistance to low- income residents" is defined as paying for at least 75% of the cost of water and sewer hookups to households whose income is less than 80% of the median income in Orange County for a family of four; and providing at least 50% of the cost of hookups for households whose income is between 80% and 100% of the median income in Orange County for a family of four. Very low- income residents in these areas should receive 100% of the costs of hoo l In recognition of the special burden placed on persons living closest to the landfill, households within the area bounded by the Landfill, the Greene tract, Eubanks Road, and 13 Report of Landfill Ovmers Group/Landfill Neighbors Working Group the University Railway will be eligible for long -term (up to 50 years), low- interest loans from the landfill fiord to pay the costs of hooking up to water service. 3. The Landfill Owners Group will prepare and recommend a policy for adoption by the Chapel Hill Town Council which will require loads of waste (MSW and Construction .and Demolition waste) being brought to the Orange Regional Landfill to be covered. Under the policy, loads which are not covered would be subject to fine. The fines would become effective after a three mouth grace period. Non - commercial first -time offenders should be offered the option of purchasing a tarp at the landfill in lieu of paying the fine. 4. The Landfill Owners Group will adopt a policy which requires loads of mulch leaving the Orange Regional Landfill to be covered. The Landfill will make available for sale tarps of various sizes for purchasers of mulch to cover their loads. This policy will become effective after a three month grace period, during which time education will be provided to mulch purchasers at the landfill. 5. The Landfill Owners Group will adopt a policy which doubles the minimum frequency of litter pickup on roads suzzounding the Orange Regional Landfill. This will result in litter pickup on Eubanks Road east of the landfill entrance at least twice weekly, on Eubanks Road west of the landfill entrance at least six tunes annually, and on Rogers Road at least eight times annually. Future modifications of these pickup frequencies shall be made only by the Landfill Owners Group or its successor. 6. The Landfill Owners Group will adopt a policy governing construction at the Orange Regional Landfill This policy will govern issues affecting neighboring residents, including nighttime construction, blasting, and noise. The policy will identify ways to mitigate or eliminate adverse effects on landfill neighbors, and will require all neighbors (those living in the areas to be provided-with water and sewer service) to be.notified one week in advance of the start of construction. Such notification shall include the estimated duration of construction, and a description of any special construction activities which may impact neighbors. Notification will, at a minim i include posting of signs on the four roadway entrances into these neighborhoods (the north end of Millhouse Road, both ends of Eubanks Road, and the south end of Rogers Road). Under ordinary circumstances, the LOG and its contractors will avoid construction between the hours of 11:00 pm and 6:00 am, and will provide for immediate notification of neighbors when emergency circumstances dictate that construction. activities are unavoidable during these hours. The LOG will ensure that any contractors carrying out construction at the landffffi follow the Orange County noise ordinance. 7. The Working Group recommends that residents living-near the orange Regional Landfill take initiative in identifiying perpetrators of illegal dumping near the landfill to assist in successful prosecutions. Identification of vehicles, license tags, drivers, and/or types of articles discarded should be made when possible. 14 Report of Landfill Owners Group/Landfill Neighbors Worldng Group The Landfill Owners Group will investigate with the Orange County Attorney the possibility of enacting legislation which would provide for civil penalties for illegal dumping, to make it easier to penalize people who litter. In addition, the LOG will publicize the names of those convicted of illegal dumping. The Working Group recommends that additional "No Littering" signs be erected in the neighborhoods near the landfill. 8. The Landfill Owners Group will budget for the installation of perimeter fencing around the Orange Regional Landfill no later than the 1998 -1999 budget year. Prior to completion of the fence, the Director of the Orange County APS shall be notified to ensure that no large animals are trapped inside the fence. 9. The Working Group recommends that Orange County erect "Children Playing" and "School Buts Stop" signs on Rogers Road. Residents of the Rogers Road neighborhood will identify appropriate locations for these signs. 10. The Working Group recommends that Chapel Hill Transit re -route the North-South connector bus line to serve Rogers Road on. either its northbound or southbound trip, starting with the 1998 -99 service year. For the duration of the 1997 -1998 service year, the Rogers Road area should be designated as a Shared Ride Feeder Zone if this can be accomplished within adopted budgets and available resources. 11. The Landfill Owners Group will work with the Orange County, Chapel Hill and Carrboro planning departments to sponsor a public information meeting regarding the planning •boundary (future annexation boundary) between Chapel Hill and Carrboro. A "ballot" should be prepared identifying at least three options: 1. Leave the planning boundary as it is, along Rogers Road, 2. Move the planning boundary east, placing the entire Rogers Road neighborhood in Carrboro's future annexation area. 3. Move the planning boundary west, placing the entire Rogers Road neighborhod in Chapel Hill's future annexation area (See the attached map showing the possible changes to the planning boundary.) Additional options may be identified and added to the ballot. -All households in the area which may potentially be shii%d shall be given the opportunity to submit one ballot selecting their preferred option. The Working Group recommends that after the ballots have been tallied, the local governments take the necessary action to adopt the option favored by a majority of local residents within one year. If no single option is favored by a clear majority, the Working Group recommends that no action be taken. 15 Report of Landfill Owners Group/Landfill Neighbors Working Group 12. The Working Group recommends that following the closure of the Eubanks Road landfill, portions of the landfill (as allowed by regulations), the Neville tract, and at least 50 acres of the Greene tract will be used for recreation facilities. The Landfill Owners Group or its successor will appoint an advisory group to make specific recommendations about the post - closure use of the landfill. This group will convene and make recommendations at least two years prior to the expected closure of the Eubanks Road landfill. The advisory group will be composed of LOG members, residents near the Eubanks Road landfill, and other Orange County citizens. 13. The Working Group recommends that no expansion (beyond the existing permitted disposal capacity) of the disposal areas (MSW or Construction and Demolition) of the Eubanks Road landfill occur. The Working Group recommends that the Landfill Owners Group or its successor make no incremental land acquisition at the Eubanks Road Landfill. 14. The Working Group recommends that three residents of the area near the Eubanks Road landfill (two in the Rogers Road area, and one in the Millhouse Road area) be identified to receive all mailings and information sent to members of the Landfill Owners Group or its successor agency. This information should be made available to all residents of the area. Any resident who requests to receive mailings of the Landfill Owners Group shall receive such mailings. Epilogue Nothing in this report should be interpreted as indicating that this Working Group favors or acquiesces to any particular site for a future landfill in Orange County. Neighborhood members and LOG members of the Working Group did not agree as to whether a future landfill site was an appropriate topic for discussion for the Working Group. Neighbors insisted that the only adequate compensation for living next to the landfill for 25 years is to have no new landfill sited in the area. The Working Group acknowledges that individual elected officials in 1972 made promises regarding water and sewer service in the area of the Eubanks Road Landfill, and regarding the siting of future landfills, some of which were in writing. None of these promises were officially adopted by any elected body, even though these officials represented these elected bodies. Neighborhood members and some LOG members of the Working Group did not agree as to the legal validity of these promises. The Working Group acknowledges that having a landfill in a neighborhood is an undesirable land use that has a negative impact on the surrounding residents. • Further, the Working Group acknowleges that the current Eubanks Road Landfill has been an Report of Landfill Owners Group/LandfM Neighbors Working Group undesirable neighbor for the residents in the area for over two decades, having been sited -there in the early 1970'. against the will of the local residents. Adopted, this the 18th day of September, 1997 David Caldwell J — - - I UNI �. Richard Franck Cecil Griffn PIL Ra. McMillian Sheila McMillian Gertrude Norm Not Present: Joyce Brown Bill Crowther Diana McDaffie Horace Johnson. Mark Chilton Ja Leo Hopkins Robert McMffiian W .1 F At" ... 16 17 Attachment D ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 1, 2008 Action Agenda Item No. 3-e.— SUBJECT: Rogers Road Community Enhancement- Task Force - Recommendations DEPARTMENT: Solid Waste Management PUBLIC HEARING: (YIN) No ATTACHMENT(S): INFORMATION CONTACT: Recommended Enhancements Recommended Historic Rogers Road Gayle Wilson, 968 -2885 Enhancement Area Map PURPOSE: To present for Board of County Commissioners' consideration the Historic Rogers Road Community Enhancement Plan Development and Monitoring Task Force's recommended Historic -Rogers Road Enhancement Area Map delineation and list of proposed community enhancements. BACKGROUND: At the May 3, 2007 BOCC meeting the BOCC created the Historic Rogers Road Community Enhancement Plan Development and. Monitoring Task Force. The purpose of the Task Force was to develop and forward to the Orange County Board of Commissioners a proposed plan, including financing options, for enhancements in the historic Rogers Road Community. The Task Force was also charged with recommending the geographical size /parameters of the Historic Rogers Road community, for which the recommended enhancements would be provided The Task Force has met seven times, with the first meeting held on June 6 and the most recent meeting on November 12. A June 26, 2007 interim report was provided. At the September 12 Task Force meeting the attached map was adopted by consensus and is being recommended to the BOCC for consideration. At the November 12 meeting the Task Force adopted a final list of community enhancement recommendations. FINANCIAL IMPACT: There will be a substantial financial impact related to implementation of many of the Task Force's. community enhancement recommendations. RECOMMENDATION(S): The Manager recommends that the Board receive the Historic Rogers Road Task Force's Recommended Historic Rogers Road Enhancements and Area Map. Memorandum To: Board of County Commissioners Through: Laura Blackmon, County Manager From: Gayle Wilson, Solid Waste Management Director Subject: Historic Rogers Road Community Enhancement Plan Development and Monitoring Task Force Final Recommendations - Neighborhood Enhancement List and Area Designation Date: April 24, 2008 At the November 12, 2007 meeting of the Rogers Road Community Enhancement Task Force the list of community enhancement recommendations was finalized and recommended to be presented to the Board of County Commissioners for consideration and implementation. The list is presented below- Ia. Do not use Eubanks Road as a site for the transfer station. Leave the Solid Waste Convenience Center at its current location on the north side of Eubanks Road. Upgrade the convenience center waste containers to enclosed waste containers as soon as possible.. This will help reduce odor and the number of rodents escaping into the Rogers and Eubanks Roads communities. Orange County lb. Extend water and sewer mains be extended to provide public service to the recently endorsed Rogers Road Community Enhancement Area, (which is the landfill impacted area), including Ms. Nunn's property, at no cost to any of the residents. The Task Force further recommends that water and sewer connections and OWASA impact fees for these connections be provided to the Rogers Road Community Enhancement area at no cost to any of the residents. Orange County, Chapel Hill, and Carrboro should utilize Community Development Block Grants, other grants, or local funds where allowed by state law to pay for adding water and/or sewer mains, house connections, and OWASA impact fees. Chapel Hill, Carrboro, Orange County and OWASA 2. Reduce the odor from the landfill and convenience center now!! Pursue a masking agent atomization for landfill working face. Complete landfill leachate sewer project to eliminate leachate storage basin as soon as possible. Confer with OWASA and utilize best management practices for the landfill industry to control odor and vermin.. For finance: lease the landfill areas to a private company that can harvest the methane gas for profit and to help in odor reduction. Orange County and Chapel Hill 3. Build a barrier wall (beginning with below the surface of the ground) to impede stop rodents and other animals from leaving or entering the Iandfill and to decrease noise, improve air quality. Plant more trees and other vegetation to obscure the view of the landfill mount. Orange County and Chapel Hill 19 4. The Task Force recommends that water and sewer mains be extended to provide public service . to all of the Task Force recommended Community Enhancement Area (map attached), including Ms. Nunn's property. The Task for also recommends that Orange County, Chapel Hill, and Carrboro provide public water and sewer in the Community Enhancement Area where water and sewer service are to be extended in paying the costs of connecting to water and sewer. This assistance can take the form of Community Development Block Grants, other grants, or local funds where allowed by state law. Costs for all residents should be eliminated or minimized to the extent possible. Chapel Hill, Orange County, Carrboro, and OWASA 5 Institute a moratorium on property taxes. Pay for /subsidize future taxes for the residents in the community enhancement area for as long as any solid waste facilities remain in their community. Pay impact stipend to property owners whose land is adjacent to the landfills. Be vigilant about not allowing residents to lose their homes and/or property because of their inability to pay taxes; advocate for residents who become at risk of losing their homes and/or land due to inability to pay property taxes. Return property taxes paid from the time of the opening of the landfills. (This would include Hillhouse Road residents.) Orange County 6. Build park and other recreation facilities within the Rogers Road Community Enhancement Area such as basketball and park type equipment: jungle gym, swings, picnic tables, benches. The Parks and Recreation Department should maintain these facilities. Children within the Enhancement Area should be provided summer youth employment opportunities. Chapel Hill, Carrboro and Orange County 7. Add NCDOT traffic calming bumps on Rogers Road and decrease speed limit to 25 mph. The Task Force recommends that Orange County erect "Children Playing" and "School Bus Stop "' signs on Rogers Road. Residents of the Community Enhancement Area will identify appropriate locations for these signs. Chapel Hill, Orange County, Carrboro, and DOT 8. Add sidewalks to both sides Rogers Road from Homestead Road to Eubanks Road. Chapel Hill and Carrboro 9. Widen Eubanks Road and add shoulders and turn lanes at landfill facilities. These areas are extremely unsafe and congested — especially in the mornings. Given the garbage and UPS trucks and city buses, Eubanks Road is too narrow to be safe. Chapel Hill, Orange County, Carrboro and DOT 10. Bring the bus service down Rogers Road at least three times (morning, noon and evening). The Task Force also recommends that Chapel Hill Transit re-route the North-South connector bus 20 line to serve Rogers Road on either its northbound or southbound trip, beginning as soon as possible. For the duration of the 2007/2008 service year, the Community Enhancement Area should be designated as a Shared Ride Feeder Zone. Build an enclosed and lighted waiting area at the bus stops. Chapel Hill and Carrboro . 11. Add publicly financed street lights for public roads and streets. ChaQel Hill and Carrboro 12. Add fire hydrant north of Edgar Street, between the properties of Tim and Edward Peppers and Nola Mae West This hydrant will service properties that presently are more than 400 feet and as far as 1500 feet from a fire hydrant. Chapel Hill 13. Modify building, zoning, and other ordinances that make it difficult/unpossible for landowners in the Community Enhancement Area to develop their property. .Chapel Hill. Carrboro and Orange County 14. Do not allow industrial zoning. Do not allow any zoning that makes this community vulnerable to big developers. Chapel Hill, Carrboro and Orange County 15. Do not allow any large development (including affordable house) on Purefoy Drive that has no other means of egress into the Purefoy, Sandberg, and.Edgar Road area other than Purefoy Road_ Chapel Hill 16. Ensure adequate representation of this community in local government decisions that affect this community, including land use ordinances. Orange County, Chapel Hill, and Carrboro 17. Re -unify this community by de- annexing the west side of this community from Carrboro. Carrboro Do not divide this community between different jurisdictions. Do not annex this community Carrboro and Chapel Hill 18. Document in writing all meetings concerning this neighborhood and have these documents officially recorded and filed. Orange County, Chapel Hill. Carrboro 19. The Task Force recommends that residents living near the Orange Regional Landfill take initiative in identifying perpetrators of illegal dumping near the landfill to assist in successful prosecutions. Identification of vehicles, license tags, drivers, and/or types of articles discarded should be made when possible. The BOCC should coordinate with the Orange County Attorney to pass legislation, which provides for civil penalties for illegal dumping to make it easier to penalize people who litter or dump. In addition, the BOCC will publicize the names of those convicted of illegal dumping. The BOCC should increase enforcement of anti - dumping laws in the Community Enhancement Area. 21 The Task Force recommends that additional 'No Littering" signs be erected in the neighborhoods near the landfill. Orange County 20. Allow power to be turned on in power outages in a different order so we are not next to last eyery time. Duke Power 21. Pay more attention to our roads during ice and snow events. Chapel Hill, Carrboro, and DOT 22. Expand fire, EMS, and sheriff services as soon as possible. Chapel Hill, Orange County. Carrboro 23. St. Paul .Church purchased a 20 -acre property that holds 3 -story house and neighboring cemetery filled with history of local families. Community would like to see efforts that that section of the property be protected from demolition and preserved as a Historic Site. Chapel Hill, Orange County, and Carrboro Note: St. Paul AME has purchased five g-d oining properties along the northeast corner of Rovers Road and Purefoy Road The parcel that contains the 3 -story house and cemetery was included in that.purchase. The house was recorded as Mt of countywide survey for historic properties or historic architectural resources in the early 1990's. These countywide surveys were conducted throughout the state in coniunction with the North Carolina State Historic Preservation Office. This particular house was first recorded in 1992. and re eyed during a 2006 update. According to notes of the survey there is a white cemetery (Hogan) in the front yard and a black (slave) cemetery somewhere in the back 23 Attachment E ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 18, 2009 Action Agenda Item No, _-7—ia_ SUBJECT, Rogers Road Area: Cross - Reference of Town and County Task Force Reports DEPARTMENT: County Manager's Office PUBLIC HEARING: (YIN) No Planning and Inspections ATTACHMENTS: 1. Matrix of Recommendations 2. Composite Map 3. Historical Review of County Investment in the Expansion of Water Service for the Rogers Road Neighborhood' INFORMATION CONTACT: Gwen Harvey, Assistant County Manager, 245 -2300 Craig N. Benedict, Planning Director, 245 -2592 Perdita Holtz, Senior Planner,-245 -2611 Tara Fikes, H & CD Director, 245 -2492 PURPOSE: To receive a report from staff representing a cross - reference of recommendations contained within the reports from the Town of Chapel Hill Small Area Plan Task Force and the County Historic Rogers Road Community Enhancement Plan Task Force and related historical background BACKGROUND: Convergence of Two Task Force Reports The Rogers Road Small Area Plan Task. Force was a planning effort initiated by the Town of Chapel Hill in December 2006 and completed in early 2009. The Town Report concluded additional transportation access and the provision of sanitary sewer were needed to improve the infrastructure of existing residents and for the orderly development of the Greene Tract. The Final Report was discussed at the March 26, 2009 Assembly of Governments meeting, including consensus for creating an intergovernmental work group of elected officials and staff to work aggressively to achieve needed financing for community improvements. In 2007 the BOCC engaged in a parallel planning effort known as the "Historic Roger's Road Community Enhancement Plan Development and Monitoring Task Force" which overlapped on the Town planning area. In the final Meeting Summary Report of the County Task Force, it was stressed that "final decisions regarding enhancements would not happen until the final decision of the solid waste transfer station was made ". It was also recognized that many of the items on the list would require collaboration with the Towns and that actual financing of enhancements was not the purpose of the Task Force. A Final Report and recommendations from the County Task Force was received by the BOCC as information in December 2008. 24 In late April 2009 the County received a letter from the Town inviting comments on its Task Force Report by June 30. The County Report and Town Report shared similar findings and conclusions which should be integrated to form a common strategy for implementation. At its meeting on June 16, 2009 the BOCC authorized a cover letter from the Chair and accompanying summary comments from County staff on the Town Report to be transmitted to the Town: The BOCC also tasked County management to create a framework for a review and reference of both the Town and County Task Force reports in anticipation of the formal appointment of an intergovernmental work group. Attachment I is a Comparison of Rogers Road Small Area Plan (Town of Chapel Hill) and Rogers Road Community Enhancement Task Force (Orange County) Recommendations. Attachment 2 is a composite map. Public Utilities Historically — dating back to the 1997 "Report. of the Landfill Owners Group /Landfill Neighbors Working Group" — the provision of public utility services has been central among requests from representatives of the Rogers Road community. The 1997 Report was foundation material for the 1999 Inter -local Agreement for Solid Waste Management and the precursor to the County making public water available to much of what was termed the Historic Rogers Eubank community in 2000. For background purposes, staff has compiled an historical review of County investments made in public utilities for the area and an update on most recent efforts by the County to address. Attachment 3 is a Historical Review of County investment in the Expansion of Water Service in the Rogers Road Neighborhood. More recently the Housing and Community Development and County Engineer worked with OWASA on preliminary due diligence for a Letter of Interest to secure Community Development Block Grant (CDBG) funding for sewer services in the Rogers Road community. Construction and connection costs to serve an estimated 50 households were approximated at $3.3 million. CDBG application guidelines required the presence of severe sewer needs• in order for the potential project to qualify for funding. Severe needs are defined as: no on -site wastewater disposal system, the presence of privies, evidence of straight piping, failed septic systems, or the failure of a public sewer system. None of these conditions could be documented. The project was therefore determined not to meet CDBG guidelines and a Letter of Interest was not submitted under the June 30, 2009 deadline. Housing and Community Development will be completing its income survey of the community and continuing to investigate alternative funding sources. A BOCC request for "Potential Partnership and Federal Planning Grant to Provide Water and Sewer Services to the Rogers Road /Eubanks Road Community" presented in May 2009 to Congressman David Price was favorably received and remains outstanding. A federal planning grant would be the first step in forging a partnership including the County, the Towns of Chapel Hill and Carrboro, and OWASA to help engineer and design a comprehensive service plan for the community. 25 Next Steps The most immediate next step that involves the elected leadership and staff of the Towns and County.regards action on the proposed small area plan itself. The Rogers Road planning area is located in the Chapel Hill Transition Area as defined by the Joint Planning Agreement (JPA) and implementation will require amendments to the Joint Land Use Plan (LUP). All three parties to the JPA — Carrboro, Chapel Hill and Orange County — must adopt the required amendments. The Town of Chapel Hilf has lead responsibility for initiating proposed changes to the. LUP projected for the October 2009 JPA Public Hearing. The BOCC is also scheduled to resume its consideration of alternate locations for the solid waste transfer • station when it reconvenes in the fall. The official organization of an intergovernmental work group to address public water and sewer infrastructure requests remains pending but could also occur in late fall.'The attachments to this abstract constitute a "body of work" that should be helpful to the BOCC as it looks to participate in a coordinated, organized review of policy decisions and financing options along side Town counterparts and the OWASA Board of Directors. FINANCIAL IMPACT: Implementation of many of the recommendations made in the Town Small Area Plan and /or BOCC Task Force Final Report is expected to have significant fiscal impacts, most especially water and sewer development An intergovernmental work group is expected to pursue an aggressive strategy . of financing options to help support desired community improvements. RECOMMENDATIONS: The Manager recommends the Board: 1. Receive the Rogers Road Area: Cross - Reference of Town and County Task Reports and related historical background; and 2. Authorize County staff to continue in coordination with Town counterparts relative to next steps. Comparison of Rogers Road Small Area Plan (Town of Chapel Hill) and Rogers Road Community Enhancement Task Force (Orange County) Recommendations Note: The geographic boundaries of the two planning efforts are different (see attached map). The Town's planning boundary is smaller than the County's planning boundary but the County's planning area contains all of the Town's planning area. Topic Area Rogers Road Small Area Plan Rogers Road Community Enhancement Work Accomplished Work to be Responsible Approximate Recommendation Task Force Recommendation to Date Accomplished Local Cost Government Transportation Bus service should be provided Bring the bus service down Rogers Road at An expanded bus Lore• L: TOCH and to the existing community and least three times (morning, noon and route is stated to P: TOC, OC Infrastructure bus service should be extended evening). The Task Force also begin service In. as the community develops. regommends that Chapel Hill Transit re- August 200g, route thr3 North-South connector bus line to providing weekday serve Rogers Road on either Its northbound service between RR orsouthbound trip, beginning as soon as and Morris Grove possible. For the.durationof the 2007 /2008 Elementary to service year, the Community Enhancement downtown CH. Area should be designated as a Shared Ride.FeederZone. Build an enclosed and lighted waiting area at the bus stops. Improve transportation access' Add sidewalks to both sides Rogers Road L• TOCH, TOC through all modes (vehicles, • • from Homestead Road to Eubanks Road. bicycle and pedestrian, transit). New points of ingress and No functional route to L; TOCH egress to the community should Eubanks Road be established. through County Landfill property Identified. A road should be built that L ;. TOCH connects the neighborhood to Weaver Dairy Rd. L - Lead; P — Participatory. OC — Orange County, TOCH —Town of Chapel Frill, TOC - Town of Carrbaro, TOH a Town of Hillsborough, NCDOT — North Carolina Department of ThWortation, CHCCS — Chapel Hill — Carrboro City Schools. Topic Area Rogers Road Small Area Plan Recommendation Rogers Road Community Enhancement Task Force Recommendation Work Accomplished to Date Work to be Accomplished Responsible Local Government Lore* Approximate Cost Water and sanitary sewer Extend water and sewer mains to provide OC RR L: TOCH and OC RR mains should be extended to. public service to the recently endorsed Neighborhood Water OWASA Waterline the community. Rogers Road Community Enhancement line connection Connection Area, (which is the landfill Impacted area), project Implemented P: 00, TOC Project total including Ms. Nunn's property, at no cost to in 2001. Thirty -nine cost. any of the residents. The Task Force (39) applicants were $690,094 further recommends that water and sewer eligible for general ($681,260 — connections and OWASA Impact fees for fund grant assistance Solid Waste these connections be provided to the to cover lateral Enterprise Rogers Road Community Enhancement installation and Fund; area at no cost to any of the residents. availability/meter $108,834 Orange County, Chapel Hill, and Carrboro fees. General Fund should utilize Community Development Block Grants, other grants, or local funds where allowed by state law to pay for adding water andlor sewer mains, house OC Housing & Community Income Project cost connections, and OWASA impabt fees. CD /County survey to be estimate - Engineer / OWASA completed; Continue $3.3 million conducted to pursue other to serve 60 preliminary due funding sources households diligence on Letter of Interest for CDBG funding for RR sewer Improvements. Project failed to meet CDBG need guidelines for submittal. L -Lead; P = Participatory. OC- Orange County, TOCH — Town of Chapel Hill, TOC -Town of Carrboro, TOH - Town of Mborough, NCDOT -North Carolina Departinent of Transportation, CHCCS — Chapel HM — Carrboro City Schools. N •d Topic Area Rogers Road Small Area Plan Rogers Road Community Enhancement Work Accomplished Work to be Responsible Approximate Recommendation Task Force Recommendation to pate Accomplished Local Cost Government Lore' The Towns of Chapel. Hill, The Task Force recommends that water L• TOCH and Carrboro, Hillsborough, and and sewer mains be extended to provide OWASA Orange County should public service to all of the Task Force collaborate to identify and recommended Community Enhancement P: OC, TOC, secure funds to be used for Area (map attached), including Ms. Nunn's. TOH financing the entire cost of property. The Task for slab recommends OWASA water and sewer that Orange County, Chapel Hill, and connections for individual • Carrboro provide public water and sewer in homes within the Historic the Community Enhancement Area where Rogers -Eubanks community as water and sewer service are to be extended part of the compensation for the In paying the costs of connecting -to water years of hosting the and sewer. This assistance can take the C County Landfill and other r solid solid form of Community Development Block waste facilities. Grants, other grants, or local funds where allowed by state lavii. Costs for all residents should be eliminated or minimized to the extent possible. Add NCDOT traffic calming bumps on L• TOCH Rogers Road and decrease speed limit to 25 mph. The Task Force recommends.that P: NCDOT, Orange County erect "Children Playing" and TOC, OC "School Bus Stop" signs on Rogers Road. Residents of the Community Enhancement Area will identify appropriate locations for these signs. Widen Eubanks Road and add shoulders L TOCH and turn lanes at landfill facilities. These areas are extremely unsafe and P: NCDOT,. congested -- especially In the mornings. TOC, OC Given -the garbage and UPS trucks and city buses, Eubanks Road Is too narrow to be safe. L = Lead; P = Pardctpatory. OC =Orange County, TOM —Town of Chapel Hill, TOC -Town of Carrboro, TOM - Town ofMllsborougb, NCDOT -North Carolina Department of Transportatioo, CHCCS -Chapel HM Carrboro City Schools. N 00 Tbpic Area Rogers Road Small Area Plan Rogers Road Community Enhancement Work Accomplished Work to be Responsible Approximate Recommendation Task Force Recommendation to Dale Accomplished Local Cost Government • • lorP ` Add publicly financed street lights for public L TOCH, TOC roads and'streets. Add fire hydrant north of Edgar Street L TOCH between the properties of Tim and Edward - Peppers and Nola Mae West. This hydrant will service properties that presently are more than 400 feet and as for as 1500 feet from a fire hydrant - Open Space and Active recreation opportunities Build park and other recreation facilities L• TOCH, Recreation need to be provided for the within the Rogers Road Community TOC, OC Rogers Road community. Enhancement Area such as basketball and park type equipment Jungle gym, swings, picnic tables, benches. The Parks and Recreation Department should maintain these facilities. Children within the Enhancement Area should be provided summer youth employment opportunities. Low - impact recreation L TOCH, opportunities such as trails TOC, OC should be constructed on thq Greene Tract In order to do so, the Greene Tract Concept Plan should be revised by the local governments to reflect changing conditions along with this plan. If a school Is built In the L• TOCH, community, explicit facility TOC, OC sharing relationships should be established prior to P: CHCCS •construction. L —Lead; P - Participatory. OC -Orange County, TOCH— Town of Chapel Hill, TOO — Town of Carrboro, TOR — Town ofHilisborough, NCDOT — North Carolina Deparhnent of Transportation, CHCCS —Chapel EU — Carrboro City Schools. T Topic Area Rogers Road Small Area Plan Rogers Road Community Enhancement Work Accomplished Work to be Responsible Approximate Recommendation Task Force Recommendation to Date Accomplished Local Cost Government Design and Land The Recommended Master LorP* L' TOCH Use Plan on page 17 should become the basis for a future P: OC, TOC land use plan amendment for the Rociers Road area. The Town should take the lead Modify building, zoning, and other L: TOCH in initiating intergovernmental ordinances that make it difficultrmpossible land use discussions (as for landowners In the Community P: OC, TOC required by the Joint Planning Enhancement Area to develop their Agreement) by articulating a property. new vision for growth in the area: Do dot allow industrial zoning. Do not allow any zoning that makes this community vulnerable to big developers. Do not allow any large development (including affordable house) on Purefoy Drive that has no other means of egress into the Purefoy, Sandberg, and Edger Road area other than Purefoy Road. Ensure adequate representation of this community in local government decisions that affect this community, including land use ordinances. L -Lead; P - Participatory. OC — Orange County, TOCH— Town of Chapel ML TOC -Town of Carrboro, TOH m Town of Hlllsboroogh, NCDOT -North Carolina Department of Transportation, CHCCS -Chapel Hill — Caftoro City Schools. W CD Topic Area Rogers Road.Small Area Plan Recommendation Rogers Road Community Enhancement Task Work Accomplished Work to be Responsible Approximate Force Recommendation to Date Accomplished Local Cost Government . New development should be Lore• L• TOCH compact and offer a range of housing types. This will P: OC, TOC ' facilitate the development for a neighborhood core in the eastern part of the study area, as will the presence of a school and a neighborhood commercial-district Minimum setback requirements L TOCIt for new development should reflect the Task Force's desire P: OC, TOC to have a front porch community where life meets the street. Houses should be built RINI close to sidewalks. The Task Force desires that the L TOCH currently developed areas near Rogers Road and the P: OC, TOC peripheries of the study area maintain their current densities. This would allow this part of the community to maintain its Nral feel. New roads near the neighborhood core should have L TOCH curb and utter: P. OC, TOC A maximum building height of L: TOCH 45' is recommended to maintain the t ommuni s character. P: OC, TOC L -Lead, P m Participatory. OC —Orange County, TOCH— Town of Chapel Hill, TOC - Town of Carrboro, TOH —Town ofHillsborough, NCDOT —North Carolina Department o£Transportation, CHCCS - Chapel HM Carrbom City Schools. W j Topic Area Rogers Road Small Area Plan Rogers Road Community Enhancement Work Accomplished Work to be Responsible Approximate Recommendation Task Force Recommendation to Date Accomplished Local Cost Government LorP• Do not use Eubanks Road as a site for the BOCC initiated new Upgrade of L OC transfer station. Leave the Solid Waste site search process In convenience center Convenience Center at Its current location November 2007; • was to take place in on the north-side of Eubanks Road. Removed Olver, Inc. conjunction with TS Upgrade the convenience center waste Site 669 (Eubanks project Upgrade containers to enclosed waste containers as Rd) from currently soon -as possible: This will help reduce consideration among unscheduled. odor and the number of rodents escaping alternate sites in into the Rogers and Eubanks Roads October 2006. communities. Community The two remaining historic Preservation buildings in the study area should be.preserved and integrated into future communitv facilities. The Town should explore Institute a moratorium on property taxes. L• OC options similar to the Pay forlsubsidize future taxes for the Homestead Exemption that residents in the community enhancement would enable current property area for as long as any solid waste facilities owners, particularly long -time remain in their community. residents, Habitat residents, and descendants of the Historic Community, to retain ownership Pay impact stipend to property owners of their property. whose land is adjacent to the landfills. Be Vigilant about not allowing residents to lose . their homes and/or properly because of their inability to pay taxes; advocate for residents who become at risk of losing their homes and/or land due to Inability to pay property taxes. Return property taxes paid from the time of the opening of the landfills. (Tliis would include Milihouse Road residents.) – �im., s – r u w—Y. vv – orange vounry, 10CH – Town oI Laapei h" TUC –Town of Carrboro, TOH -Town of HMsbarougb, NCDOT -North Carolina Department of Transportation, CHCCS -Chapel Hill – Caaboro City Schools. CA N Topic Area Rogers Road Small Area Plan Recommendation Rogers Road Community Enhancement Task Force Recommendation Work Accomplished to Date Work to be Accomplished Responsible Local Approximate Cost Government Lore` Local governments should L TOCH collaborate with the community ,to develop strategies that help P: OC, TOC ensure that the majority of the housing stock be affordable to those making at or below 80% of the Area Median income. Residents need to be Informed ` L: TOCH of development pressures and opportunities In the Rogers Road area. This could happen. .through information sessions periodically hosted by the Town. The Town and the Community L: TOCH should collaborate to find Innovative ways to rehabilitate declining residential properties in the area. Local governments with L TOCH jurisdidtion should revisit ordinances pertaining to the replacement of manufactured housing and strive to develop rules to allow existing housing to remain In place . The Town and the Rogers L TOCH Road community should maintain the type of meaningful dialogue that was made possible by the efforts of the Task Force and by the work done during the design workshop. L = Lead; P = Participatory. OC - Orange County, TOCH— Towm of Chapel IM TOC = Town of Carrboro, TOH = Town of Hillsborough, NCDOT =North Carolina Department of Trawportation, CEICCS — Chapel EM City Schools W W Topic Area Rogers Road Small Area Plan Recommendation Rogers Road Community Enhancement -Task Force Recommendation Work Accomplished to Date Work to be Accomplished Responsible Local Approximate Cost Government Lore• Re- unify this community by de- annexing the west side of this community from Carrboro. L. TOC Do not divide this community between P: TOCH, OC different jurisdictions. Do not annex this . communi " SL Paul Church purchased a 20 -acre property that holds 3-story house and neighboring cemetery filled with history of local families. Community would like to see efforts. that that secpon of the property be. protected from demolition and preserved as a Historid Site. • Note: St Paul AME has purchased five adioinlna properties along the northeast comer of Rogers Road and Purefov Road The panel thW- contains the 3 -story house and cemetery was included in that 1urchase The house was recorded as part of eounlvwide survev for historic Propertles or historic architectural resources in the eadv 1990's. These countywide surveys were conducted throughout the state in coniunction with the North Carolina State Historic Preservation Office. This ' parficularhouse was first recorded In 1992 and re- surveyed durfno a 2006 update According to notes of the w—v there is a white cemetery lHoaen) in the faint yard and a black (slave) cemetery" somewhere in Me'bagk Lead; P @ participatory. OC =Orange County, TOCH —Town o£Chapol Hill, TOC -Town of C Cau boro City Schools. arrboro, TbH —Town ofHMsborougb, NCDOT =North Carolina Department of Transportation, CHCCS m Chapel MR aa W 40h Topic Area Rogers. Road Small Area Plan Rogers Road Community Enhancement Work Accomplished Work to be Responsible Approximate Recommendation Task Force Recommendation to Date Accomplished Local Cost Govemment Lore* Other Topic Areas Reduce the odor from the landfill and convenience center nowil Pursue a Odor control masking and neutralizing No further experimentation L• OC Odor Control Expenditures masking. agent atomization for landfill agents tested, with projected. P. TOCH -$17,365 working face. Complete landfill leachate inconclusive results. sewer project to eliminate leachata storage basin as soon as possible. Confer with Leachate Sewer Project complete. Total Cost of OWASA and utilize best management Construction Sewer practices for the landfill industry to control Complete (March Protect - odor and vermin_ For finance: lease the 2009) and Leachate $458,937 landfill areas to a private company that can Basin Removed.(May harvest the methane gas for profit and to 2009) help in odor reduction. Landfill Gas Project Completion of design, Agreement with UNC permitting, and (February 2009). construction. Design and Projected completion Permitlina Underway. spring 2010. Build a barrier wail (beginning with below L OC the surface of the ground) to Impede stop rodents and other animals from leaving or P: TOCH entering the landfill and to decrease noise, Improve air quality. Plant more trees and other vegetation to obscure the view of the landfill mount Document In writing all meetings concerning L OC, TOCH, this neighborhood and have these TOC documents officially recorded and filed. L -Lead, P - Participatory. OC —Orange County, TOCH— Town of Chapel Bill, TOC -Town. of Carrboro, TOTS —Town of Hillsborough, NCDOT =North Carolina Department of Transportation, CTCCS - Chapel Hill — Carrboro City Schools. W Ln Topic Area Rogers Road Small Area Plan Recommendation Rogers Road Community Enhancement Task Force Recommendation Work Accomplished to Date Work to be Accomplished Responsible • Local Government Lore* Approximate Cost The Task Force recommends that residents Solid Waste Staff L• OC living near the Orange Regional Landfill have not.recelved take initiative in identifying perpetrators of •, any reports of illegal illegal dumping near the landfill to al;sist in dumping from Rogers successful prosecutions. Identification of Road residents. vehicles, license tags, drivers, and /or types of articles discarded should be made when possible. The BOCC should coordinate with'the Orange County Attorney to pass legislation, which provides for civil penalties for illegal dumping to make it easier to penalize people who litter or dump. In addition, the BOCC will publicize the names of those convicted of Illegal dumping. The BOCC should increase enforcement of anti- dumping laws in the Community Enhancement Area. The Task Force recommends that additional "No Littering" signs be erected in the neighborhoods near the landfill Allow power to be turned on in power L. TOCH, outages In a different order so we are not -Duke Power next to last every time. Pay more attention to our roads during ice L: TOCH, and snow events. TOC, NCDOT Expand fire, EMS, and sheriff services as L• TOCH, soon as possible. TOC, OC L —Lead, P —Participatory. OC — Orange County, TOCH —Town of Chapel Hill, TOC —Town of Carrbom, TOH —Town ofFIillsborough, NCDOT —North Carolina Department of Transportation, CHCCS s Chapel MU — Caaboro City Schools. W r7) 38 A Historical Review of County Investment in the Expansion of Water Service to the Rogers Road Neighborhood April 17, 2000 The Orange County Board of Commissioners (BOCC) approved a contract with the Orange Water and Sewer Authority (OWASA) to construct an extension of existing OWASA water lines to serve designated properties of the historic Rogers Road neighborhood. Background language from the Agenda Abstract Governing boards from all. member governments of the Landfill Owners Group (LOG) approved a series of benefits to be provided to neighborhoods in the vicinity of the existing landfill on Eubanks Road In early 1999, a sub- committee of the LOG met and issued recommendations regarding the extension of water lines to serve various properties in and around the historic Rogers Road neighborhood In accordance with the interlocal agreement governing the organization and structure of solid waste management in Orange County it has become. the responsibility of the County to implement the remaining landfill community benefit commitments At its meeting on November 3, 1999, the BOCC adopted a resolution directing staff to begin working with OWASA to begin the process to design and construct the water lines that will serve the Rogers Road neighborhood County and OWASA staff have conferred a number of times since then. OWASA has developed a proposal under which OWASA would contract for and manage this construction project. It has been the Board's stated intention to use reserves from the landfill enterprise fund to pay the costs of extending the water lines into the Rogers Road neighborhood The projected cost of constructing the water line extension project with administrative and engineering costs that time was .$550, 000. The total . project cost* increased and $675, 000 was appropriated in FY 2000 -2001 to cover the costs. January 18, 2001 The Orange County Board of Commissioners (BOCC) authorized OWASA to negotiate the purchase of temporary construction and permanent utility easements for the Rogers Road waterline project. November 13, 2001 At a scheduled work session, the BOCC received a report from staff on the possible parameters of a County - funded program that would provide grants to property owners in the Rogers Road Waterline project target area to connect to the installed water mains. At 39 tinge, the BOCC confirmed their desire to implement a grant program using the County's general fund to directly subsidize eligible applicants the costs associated with the installation of laterals, availability fees, and meter fees. February 5, 2002 The BOCC approved the Assistance Policy for the Rogers Road Waterline Connection Program. This policy offered grants for waterline connections for households with incomes below 80% of the area median income. The income limits at that time are listed below. y`,i;. '�•.9"r. Y:iJ... _: .1X.C` :ti_,T_ul�lt?eT']il;, a ���'�j��'.f- .�.a. ^ 1:.r • '.ci;; .:. !t0�0-0;)`.r '�'�.'L't��� � .�^!t n :d t t ; - :.SO..�o,�Ofilvl'ean•;.�va80:%:O �.r.x �"at<.� a,. � '+ i�.� :.3� : ,......... Et�larlrz!, ca_�•-_` -a-'' �= rr�,s+,ti -ti 1 $14,950 $24,950 $38,100 2 $17,100 .$28,500 $43,500 3 $19,250 $32,100 $49,950 4 $21,400 $35,650 $54,400 5 $23,100 $38,500 $58,750 6 $24,800 $41,350 $63100 7 $26,500 $44,200 $67,450 8 $28,250 $47,050 $71,800 The Housing and Community Development Department administered this .program and began taking applications immediately thereafter. Also, a community meeting was held on April 8, 2002 at the Faith Tabernacle Church to explain the program and on Saturday, May 18a' OCHCD staff was on site that afternoon in an effort to make it easier for residents to apply for the program. *Note: The County Engineer reported that there were 114 parcels with 96 habitable structures located in the community /project area. June 18.2002 Housing and Community Development staff provided the BOCC with a Status Report on the Waterline Connection Program. At that time,-the total number of applicants was 36 representing about 38% of the habitable structures on the associated project map. Of these, 26 or 72% were eligible for assistance with connection fees. At that time, five (5) property owners had chosen to pay the connections fees themselves. May 20, 2003 A second Status Report was presented to the BOCC on this date. At that time, a total of 45 applications had been received representing about 47% of the total number of 40 habitable structures. Of these, 33 or 73% were eligible for assistance. The remaining 12 applicants were not eligible due to household incomes exceeding 80% of the median income. March 2006 A final Status Report was prepared for a Manager's Memo. The total final Program Summary is as follows. Application Intake Total Applications Received: 51* * Represents approximately 60% of the total number of habitable structures. Eligibility Analysis Eligible applicants (76 1/.) 39 Ineligible applicants (24 %) 12 Total applicants .51 Area Summary Received Water Connections via Assistance Program 39 Ineligible for Water Connection Program 12 Existing Structure —No Application 34 Vacant Lots 29 Total Properties 114* * The earlier estimate of 113 properties with 96 habitable structures was corrected at the end of the project based on actual data to a total of 114 properties in the project area with 85 habitable structures. Total Proi ect Costs Water Distribution System Construction Costs $581,260 OWASA overhead and administrative costs $ 39,138. OWASA Meter and Connection/Availability Fees (for 36 units) $ 34,776 Plumbing Connection Costs 34,920 Total $690,094 41 Attachment F OWASA ORANGE WATER AND SEWER AUTHORITY Quality Service Since 1977 MEMORANDUM TO: J.B. Culpepper FROM: Ed Holland DATE: February S, 2011 SUBJECT: Updated Concept Plan and Cost Estimates for Providing Public Sewer Service to the Town of Chapel Hill's Rogers Road Small Area Plan Study Area Background and Overview This memorandum and attachments are intended to update and supersede the information we provided in a June 22, 2007 memo to Mr. Gordon Sutherland regarding preliminary concept plans and cost estimates for extending OWASA sewer service to properties within the Town's Rogers Road Small Area Planning Area. We hope this information will help inform ongoing discussions about implementing the proposed Rogers Road Small Area Plan. Please note several items: • Virtually all existing parcels in the Town's Rogers Road study area already have access to OWASA water lines; therefore, this exercise is focused on sewer service only. The concept plan represents a gravity flo-yv sewer configuration.. It incorporates no sewage pumping stations, which OWASA approves only in unusual circumstances where it is not viable to serve properties by gravity. It continues to be OWASA's experience that wastewater pumping stations are expensive to maintain and less reliable over the long term than gravity collection, due to the greater risk of mechanical failure and resulting sewage spills. Our previous (June 2007) work included three separate concept scenarios for serving separate portions of the Rogers Road study area. Thanks to the completion of one or more development projects since that time (e.g., Habitat for Humanity's Phoenix Place Development) and the submission of one or more development proposals with substantial engineering detail (e.g., St. Paul's AME Church), this current update comprises only a single concept scenario. • This concept and cost estimates focus solely on providing sewer service to the specific area delineated by Chapel Hill's Rogers Road Small Area planning 42- Updated Rogers Road Sewer Service Concept Plan and Cost Estimates February 8; 2011 Page 2 process It does not address any nearby or surrounding properties that have been discussed in other venues or meetings convened during the past three and a half years by Orange County or other parties, such as the Rogers - Eubanks Neighborhood Association. It is important to consider this concept plan and cost estimates within the larger community in which sewer service for all or a portion of the area might realistically be implemented, rather than in isolation from those nearby properties. • If the Town or others decide to pursue this or alternative sewer concepts, additional engineering and professional services will be needed to provide site -level detail and an overall determination of project feasibility. Guide to the Concept May Rogers Road Small Area Planning Area The study area is delineated by a black and white dashed border on the accompanying map. All currently platted parcels within this area could be served either by existing (green) or potential (red) sewer lines, except for three parcels in the extreme southeastern corner of the study area, which are expected to have access to a separate sewer line that will serve the Church of the Advocate to be constructed on a parcel located between Merin Road and the railroad right-of-way. Existing and Potential Sewer Lines: Existing OWASA sewer lines and manholes for the entire mapped area are shown in solid green. Sewer lines needed to serve the unsewered portions of the Rogers Road Small Area Planning Area are shown in red._ Arrows indicate the direction of sewage flow. Within the Rogers Road Planning Area Only: Platted parcels for which OWASA sewer service is currently available are colored in light or dark green. Parcels which are already connected to the OWASA sewer system are indicated with cross - hatching. (Note: This is shown only for properties within the Rogers Road Planning Area.) Preliminary Cost Estimates Project Costs — The attached table summarizes preliminary estimated construction costs of the concept plan. Total estimated project costs are summarized in the table below. These were derived through the same methods that OWASA uses to estimate its own capital project costs. Further details are available on request. The following important caveats are noted: • If the Town or others decide to pursue this or another sewer system concept, additional engineering and professional services will be needed to provide site -level detail and overall determinations of engineering feasibility. 43 Updated Rogers Road Sewer Service Concept Plan and Cost Estimates February 8, 2011 Page 3 Construction cost estimates are preliminary only and are not based on a site -level assessment of field conditions. Cost estimates will become more precise as detailed engineering design proceeds. Please note that additional costs for acquiring sewer line easements that may be needed across privately property have not been included in these totals, due to the highly variable and case-specific nature of these costs. Estimates are based on the best information available as of February 2011. In general, construction costs have remained stable during the recessionary economic conditions of the past three years, but OWASA assumes that project costs will escalate at a 5 percent annual rate in the coming years as economic conditions improve. We recommend that this inflation factor be used in any future interpretation of these estimates. The overall extent of this concept plan, including the number of unserved parcels, will change in the future if (or as) individual development projects extend new sewer lines to currently unnerved properties. The costs shown below are for the extension of sewer to unserved portions of the Rogers Road study area only. Additional eU r lot costs for connecting individual properties to the sewer system are discussed in the next section. Estimated Costs of Extending OWASA Sewer Service to All Currently Platted Parcels within the Town of Chapel Hill's Rogers Study Area Engineering Design & Permitting $198,000 Construction $2,562,000 Construction Administration $128,000 Construction Inspection $128,000 Contingency $414,000 Total $3,430,000 Individual Connection Costs — As noted, the table above only includes estimates of constructing the sewer collection system itself. Additional pgLlot costs for connecting to the new system would include the following: OWASA Service Availability Fee — This one -time connection fee represents the proportional cost of "buying in" to OWASA's existing facility infrastructure (main sewer lines, treatment plant, etc.) and is assessed according to the square footage of residential Updated Rogers Road Sewer Service Concept Plan and Cost Estimates February 8, 2011 Page 4 properties. The sliding scale of availability fees currently in effect ranges from $2,753 for homes of less than 1,300 square feet to $5,090 for homes of more than 3,800 square feet. Fees for multi - family residences are $2,983 per unit. A different scale of availability fees applies to non - residential sewer connections. Availability fees are typically adjusted annually through OWASA's budget and rate- setting process. Private PIumbing Costs — The pipe that extends from a building and connects to the OWASA sewer line is called a "lateral" and is part of the private property served by the public sewer. Installation and maintenance of a lateral line is the responsibility of the property owner, who typically contracts with a private plumber for installation. Costs depend on several factors, especially the distance from the building to the OWASA sewer line, but are typically in the range of $25 per foot. That is, installation of a 50 -foot lateral would cost approximately $1,250; a 100 -foot lateral would cost approximately $2,500; and so forth. OWASA Sewer Tap Charge — This fee is charged for physically connecting the private sewer lateral to the OWASA sewer line and is in addition to the more costly sewer availability fee discussed above. The base tap charge is currently $320. Monthly User Fees — In addition to the one -time service availability fee, tap charge, and private plumbing costs, all OWASA customers pay monthly water and sewer bills that include a fixed service charge plus a water and sewer commodity charge based on the number of gallons used each month. The typical water plus sewer bill of a residential customer using an average of 5,000 gallons per month is about $80 per month. OWASA staff has appreciated the opportunity of providing this information to support Chapel Hill's Rogers Road Small Area Planning process and will be glad to answer questions or provide further details as needed. �r �4" Edward A. Holland, AICP Planning Director attachments cc: Mason Crum, P.E 44, 46� Rogers Road Area Sewer Concept January 2011 Construction Cost Estimate Snreadsheet Description Units Qty Unit Price Total DESIGN COST Engineer LS 1 $110,000.00 $110,000.00 PERMITTING COST 3% LS 1 $67,312.08 $67,312.08 TRAFFIC CONTROL Consultant Engineer LS 1 $0.00 Design Traffic(Pedestian Control Plan LS 1 $6,000.00 $6,000.00 Traffic Control Setup LS 1 $15,000.00 $15,000.00 Work Zone Fence LS $0.00 MOBILIZATION COST Mobilization 10% of Job LS 1 $224,373.60 $224,373.60 SITE PREP Site Preparation 5% of Job LS 1 $112,186.80 $112,186.80 Set Up Work Zone 5% of Job LS 1 $112,186.80 $112,186.80 EARTHWORK Excavation 0-4 FT Cut LF $37.00 .$0.00 4-6 FT Cut LF 8618 $43.56 $375,400.08 6-8 FT Cut LF 5747 $58.09 $333,843.23 8-10 FT Cut LF $72.61 $0.00 10-12 FT Cut LF $87.12 $0.00 Clear and Grub AC 7.7 $10,000.00 $77,000.00 Sewer Pipe 8 inch DIP Sewerline (401 Liner) LF 11251 $33.17 $373,195.67 12 inch DIP Sewerline (401 Line) LF 3114 $53.00 $165,042.00 16 inch DIP Sewedlne (401 Liner) LF $72.97 $0.00 24 inch Seweriine (401 .Liner) LF $119.06 $0.00 Man Holes Man Hole 4' Diameter 4' Depth EA 35 $2,131.42 $74,599.70 6' Depth EA 19 $2,537.35 $48,209.65 8' Depth EA 4 $3,004.11 $12,016.44 10' Depth EA $3,762.33 $0.00. Man Hole 5' Diameter 4' Depth EA $2,244.42 $0.00 6' Depth EA $2,836.75 $0.00 8' Depth EA $3,412.85 $0.00 10' Depth EA $4,119.80 $0.00 SUB TOTAL $2,106,366.05 Description Units Qty Unit Price Total BORING AND J CKING 6 inch seweriine w/ 16 inch casing LF $325.00- $0.00 8 Inch sewerline w/ 16 Inch casing LF $400.00 $0.00 12 inch sewedine w/ 24 inch casing LF 100 $600.00 $60,000.00 SITE RESTORATION Replacement of Pavement LF 3361 $120.D0 $403,320.00 Removal & Replacement of Unusable Material EA 300 $150.00. $45,000.00 Removal & Replacement of B6ick Sidewalk SY $70.00 $0.00 Curb Replacement LF $70.00 $0.00 Rockwall Removal & Replacement SY $100.00 $0.00 Compaction of Road Sub Grade' CY $200.00 $0.00 Resurface Asphalt Pavement SY $90.00 $0.00 Seeding SY 36679 $0.75 $27,509.25 Sift Fence LF 20600 $3.00 $61,800.00 Tree Protection LF 16600 $3.00 $49,800.00 AS -BUILT DRAWINGS & CLOSE OUT LS 1 $6,000.00 $6,000.00 15% Contingency I LS 1 $413,969.29 $413,969.29 SUB TOTAL $1,067,398.54 TOTAL COST $3,173,764.59 NOTES $220 Per foot 47 Attachment G 4-8 Waste Tonnage from County and Towns Delivered to OC Landfill April 25, 2011 This information is provided per Manager request to determine impact of potential surcharge on MSW. The following tonnages were derived from our landfill scale management reporting system, with the exception of the Hillsborough franchise tonnage, which was provided by the Town of Hillsborough. While the franchise tonnage is not directly paid from the Town general fund, the Town is responsible for coordinating and managing the franchise agreement, approving fees, etc. Chapel Hill Hillsborough Carrboro Orange County FY- 2009/10 15,554 —MSW 1,177 —MSW 6,526 —MSW 11,175 —MSW 440 — C &D 5 — C &D 96 — C &D 28 — C &D Franchise MSW = 2,091 FY- 2010 /11 YTD 11,595 — MSW 1,196—MSW 5,113 — MSW 8,195—MSW (Through March) 37 — C &D 5 — C &D 79 — C &D 28 — C &D Franchise MSW = 1,251