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HomeMy WebLinkAboutAgenda - 11-20-2012 - 7e 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 20, 2012 Action Agenda Item No. 7-e SUBJECT: Review of the Draft Recommendations from the Historic Rogers Road Neighborhood Task Force DEPARTMENT: Solid Waste Management PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Draft Recommendations from the Historic Frank Clifton, Rogers Road Neighborhood Task Force County Manager, 245-2300 Michael Talbert, Assistant County Manager, 245-2308 PURPOSE: To review the draft recommendations from the Historic Rogers Road Neighborhood Task Force and provide guidance to the Task Force and the Assembly of Governments. BACKGROUND: Beginning in 1972 the landfill was opened by the Town of Chapel Hill and in 1999 Orange County assumed ownership and operation of the Eubanks Road Landfill. The Historic Rogers Road Community has lived with the Orange County Landfill for 40 years. The Community is geographically split by the Towns of Chapel Hill and Carrboro. Orange County as the current owner/operator of the Landfill is taking the lead to make remediation improvement to the Historic Rogers Road Community. On May 17, 2011 the Board received a plan from the Rogers-Eubanks Neighborhood Association (RENA) recommending actions to mitigate the long and short term impacts of Orange County's Landfill and Solid Waste operations on the health, safety and welfare of the Historic Rogers Road — Eubanks Road Community. On January 26, 2012 the Board and the Town Boards discussed the extension of sewer service and a community center for the Historic Rogers Road Community. County and Town Attorneys have concluded that utilization of Solid Waste reserves to extend sewer service to the Historic Rogers Road Community is not consistent with North Carolina General Statutes and would subject the local governments to legal challenges. Therefore, funding for either the extension of sewer services and/or a community center will have to come from the County's and Towns' other general revenue sources. On February 21, 2012 the Orange County Board of Commissioners authorized the creation of a new Historic Rogers Road Neighborhood Task Force to address sewer service and a community center and approved the Task Force's charge. The composition of the Task Force was to include two members appointed by each Town (Chapel Hill and Carrboro); two members appointed from i 2 the County; and two members appointed from Rogers Eubanks Neighborhood Association (RENA). Appointed Task Force Members: David Caldwell: RENA Robert Campbell: RENA Valerie Foushee: Orange County Pam Hemminger: Orange County Michelle Johnson: Carrboro Sammy Slade: Carrboro Penny Rich: Chapel Hill James Ward: Chapel Hill Charge of the Historic Rogers Road Neighborhood Task Force The Charge for the Historic Rogers Road Neighborhood Task Force is to investigate and make recommendations to the Board of County Commissioners, the Chapel Hill Town Council and the Carrboro Board of Alderman for neighborhood improvements including funding sources and the financial impact to the County&Towns, for the following: 1. Sewer Service to the Historic Rogers Road Neighborhood as defined by the previously approved public water connections in the area. 2. A Neighborhood Community Center. The Task force is also directed to: a. Submit an Interim Report back to the County and the Towns by the end of August, 2012 and; b. Submit a Final Report to the Assembly of Governments on December 6, 2012. On September 6, 2012 the Board reviewed the Interim Report from the Historic Rogers Road Neighborhood Task Force. The Historic Road Neighborhood Task Force is scheduled to make a final report to the Assembly of Governments on December 6, 2012. The Task Force met on November 14, 2012 and determined that their work was not finished. The Task Force is recommending that they continue to meet, to address the Charge of the Task Force, for an additional 6 months with the original composition of the Task Force. The Task Force recommends that the Assembly of Governments discuss this issue on December 6, 2012. Attached are the Draft Recommendations from the Task Force meeting held on November 14, 2012. An Interim Report will be presented to the Assembly of Governments on December 6, 2012. FINANCIAL IMPACT: The financial impact of funding improvements recommended by the Historic Rogers Road Neighborhood Task Force is uncertain until its final report to the Assembly of Governments on December 6, 2012. The Board of Commissioners has approved a capital project of$650,000 for the construction of a New Rogers Road Community Center. 3 RECOMMENDATION(S): The Manager recommends that the Board review the draft recommendations from the Historic Rogers Road Neighborhood Task Force and provide guidance to the Task Force and the Assembly of Governments. r 4 DRAFT Recommendations to the Assembly of Governments Historic Rogers Road Neighborhood Task Force November 14, 2012 Recommendations: 1. That the Task Force continue to meet, to address the Charge of the Task Force, for an additional 6 months with the original composition of the Task Force. 2. That the costs of both a New Community Center and Sewer Improvements be shared by the local governments, at the same costs sharing percentages as outlined in the 1972 Landfill Agreement, 43% for Orange County, 43% for The Town of Chapel Hill and 14% for The Town of Carrboro. 3. That the governing boards continue to appropriate funds, originally budgeted to reimburse the Solid Waste fund for the purchase of the Greene Tract, for both a New Community Center and Sewer Improvements. Funds budgeted in Fiscal 2012/2013 for the Greene Tract are as follows; $90,549 for Orange County, $90,549 for The Town of Chapel Hill and $29,524 for The Town of Carrboro. The governing boards are also encouraged to locate other funding sources for a New Community Center and Sewer Improvements. Rogers Road Neighborhood Community Center: 1. That the Hogan-Rogers House no longer be considered as an option for a Neighborhood Community Center. The St Paul's AME Church is working with the Chapel Hill Preservation Society to save the structure. 2. That the Managers recommend to the Task Force a contract between Habitat, Orange County, the Town of Carrboro, and the Town of Chapel Hill for the construction of a new Rogers Road Community Center with a budget not to exceed $700,000 that is in compliance with North Carolina public bidding requirements and is approved by County and Towns Attorneys. 3. That the County creates long-term agreements, as need, with Habitat and the Rogers Eubanks Neighborhood Association. The agreement(s) shall provide for the construction, operation, and maintenance of a new Rogers Road Neighborhood Community Center. Additional agreements, if needed, shall provide for services, programs & activities to be provided in the Center. All agreements will be reviewed and approved by County Attorney. 5 DRAFT County Sewer District: 1. That the Managers explore the creation of a County Sewer District for all property owners in the Historic Rogers Road Neighborhood that are not currently served by a municipal sewer system and would benefit from the installation of sewer infrastructure to serve the Rogers Road Neighborhood. a. That the towns participate with the possible creation of a County Sewer District, which could overlap town boundaries, by resolution to such inclusion. b. That a County Sewer District would make special assessments against benefited property within the district to cover the costs of constructing, extending or improving sewage disposal system. The basis of any special assessment would be determined at a later date after investigating development potential and the number of possible dwelling units. A special assessment would share the costs of the sewer system with current benefited property (homeowners) and undeveloped land for future development. c. That the Managers work with the Attorneys to create criteria that would enable homeowners, that have lived in the Historic Rogers Road Neighborhood since 1972, to connect from the sewer system free of charge and recommend a sliding scale fee structure for homeowners that move to the Neighborhood between 1972 and 2012.