HomeMy WebLinkAboutAgenda - 12-11-2012 - 5a i
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 11, 2012
Action Agenda
Item No: 5-a
SUBJECT: MINUTES
DEPARTMENT: PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Donna Baker, 245-2130
Draft Minutes
PURPOSE: To correct and/or approve the minutes as submitted by the Clerk to the Board as
listed below:
Attachment 1 October 11, 2012 BOCC Joint Meeting with Town of Carrboro
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
FINANCIAL IMPACT: NONE
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
1
1 DRAFT Attachment 1
2
3 MINUTES
4 ORANGE COUNTY BOARD OF COMMISSIONERS
5 CARRBORO BOARD OF ALDERMEN
6 JOINT MEETING
7 October 11, 2012
8
9 COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier and Commissioners
10 Valerie Foushee, Alice Gordon, Pam Hemminger, Barry Jacobs, Earl McKee and Steve Yuhasz
11 COUNTY COMMISSIONERS ABSENT: Valerie Foushee
12 COUNTY ATTORNEYS PRESENT: John Roberts
13 COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers
14 Gwen Harvey, Michael Talbert, Clarence Grier, and Clerk to the Board Donna S. Baker (All
15 other staff inembers will be identified appropriately below)
16 CARRBORO BOARD OF ALDERMEN MEMBERS PRESENT: Mayor Mark Chilton and
17 Aldermen Randee Haven-O'Donnell, Lydia Lavelle, Sammy Slade, and Michelle Johnson
18 CARRBORO BOARD OF ALDERMEN MEMBERS ABSENT: Dan Coleman, Jacquelyn Gist,
19 David Andrews, Town Manager
20
21 Welcome and Openinq Remarks
22
23 Chair Pelissier said that Commissioner Foushee was out of town and unable to attend.
24 Mayor Chilton said that Alderman Dan Coleman would not be here tonight and Michelle
25 Johnson would be late. He said that he appreciated that the County staff and Board of County
26 Commissioners achieved an agreement with Triangle Transit and DCHC MPO to move forward
27 with the proposal for a '/�-cent sales tax for transit.
28 Chair Pelissier pointed out some handouts at everyone's places:
29 - Information related to Access Road to Twin Creeks Park as requested by
30 Commissioner Gordon
31 - Summary of the Joint Economic Development activities for item #2
32 - Copy of legislation related to the new town hotel tax in Carrboro
33
34 Introductions were made.
35
36 1. Access Road — Twin Creeks Park/ Ballentine Subdivision (MI Homes)
37 Department of Environment, Agriculture, Parks and Recreation Director Dave Stancil
38 introduced this item. He made reference to the adopted master plan for Twin Creeks. The
39 map dates back to May 2005 and in March of 2006 the plan was presented to the Town of
40 Carrboro. One thing that has changed is that the funding that was identified to build Phase I of
41 the park was not adequate to build Phase I as planned. The staff then came back with a
42 revised Phase I. In the fall of 2008-09 there was an economic downturn and this caused the
43 park to be put on hold. If this park were built in total, it would cost about $8-12 million. There
44 are no funds to construct this park at this time. Another Phase I was generated, which was to
45 create a greenway in 2010-11. This greenway was built with stimulus funds. It should be noted
46 that the greenway crosses Jones Creek. Another question in 2007-2009 was that when the
47 park came forward, what form would the approval process take. The idea was that there could
48 be a development agreement between the Town and County. This was discussed with a very
49 informal letter. Nothing was done further to create an interlocal agreement.
2
1 Over the last few years, the County and MI homes have had several discussions about
2 a cost share agreement for an access road. The map shows it as Road A. It is an east to west
3 road, which begins at Old NC 86 and straddles the property line of MI homes and Twin Creeks.
4 When the road was proposed in 2005, it was before the Ballentine subdivision and there had
5 not been discussion about extending the road to the east. After the master plan was adopted
6 and the subdivision came into being, the proposed road came into focus.
7 Mayor Chilton said that his recollection is that the Town's connector road policy had
8 called for a connection from Lake Hogan Farms Road to Eubanks Road for many years.
9 Dave Stancil said that for the north/south road, the master plan discussions did include
10 Lake Hogan Farm Road Extension.
11 Mayor Chilton said that this plan is more than 15 years old and it sounded like Dave
12 Stancil was saying that the Town had only recently become involved to require that there would
13 be a connection from Lake Hogan Farm Road north to Eubanks Road. He said that this has
14 been part of the plan for 15-20 years or more. He said that his recollection was that the road
15 would go through the middle of the property that Orange County bought. It was only some time
16 after the County bought it when he raised the question that the road should go to the east. His
17 understanding was that the Town of Carrboro had planned for this property to be a mixed use
18 development. Instead the County bought the property, took it off the Carrboro tax rolls, and
19 came up with the plan for a park and school site.
20
21 Michelle Johnson arrived at 7:21 PM.
22
23 Mayor Chilton said that he is frustrated that it seems that the County is trying to say that
24 the Town is only now mentioning a road when the County knew about it a long time ago. He
25 said that the County is saying that the Town is not doing economic development but this is not
26 true. He said that it is a little galling to hear the County complain about the notion of paying for
27 a bridge at taxpayer expense to go across this creek when the Town's plans had always called
28 for the private sector to pay for this. The Town's plan was for the private sector to be building
29 some diversification into the tax base through a mixed use development on this site.
30 Commissioner Gordon said that there are two road issues here. One issue concerns a
31 road that goes to the east and crosses the creek. With respect to the second issue, she said
32 that when it was decided to build a school on the northern part of this property, they wanted the
33 road to go more to the east, around the school property rather than through it. However, there
34 was still a plan to have a north-south road.
35 Frank Clifton said that the real issue is that if MI Homes will or will not build a part of the
36 road or the Town does not approve the development, this will affect the building of the park.
37 Mark Chilton said that it is outrageous that the Town had a plan for economic
38 development for this property but the County bought the property. He said that one of the
39 County Commissioners, who is no longer on the Board, had the intention of preventing the
40 Town's economic development plan from moving forward.
41 Frank Clifton said that if MI Homes does not go forward with the development of the
42 road, then the park is on hold until there is an access road. If it cannot be dealt with, then there
43 needs to be a redesign.
44 Mayor Chilton said that it was not his decision that the County buy this property that
45 would need a connector road. He said that the County government frustrated the plans of the
46 Town of Carrboro and now the County government is returning to the Town of Carrboro and
47 saying that it cannot afford to frustrate the Town's plans the way it planned to do when the
48 property was purchased.
49 Alderman Slade asked about the issue.
3
1 Frank Clifton said that MI Homes does not see it viable to build a bridge to cross a creek
2 since they do not have an interest in the property on the other side.
3 Carrboro Planning Director Trish McGuire made a PowerPoint presentation.
4
5 Discussion of Access Road — Ballentine and Twin Creeks Park
6 Joint Meeting of the Board of Aldermen and Board of County Commissioners
7
8 October 11, 2012
9 Key Issues
10 - Maintaining the ability of Lake Hogan Farm Road to connect between Homestead
11 Road and Eubanks Road
12 - Access road at Ballentine/Twin Creeks stubbing out to the east, as currently
13 designed, is part of the Lake Hogan Farm extension.
14 - Two viable alternative alignments planned or permitted (per Town of Carrboro); both
15 cross Jones Creek
16
17 Approved Master Plan for Twin Creeks Park (map)
18
19 Approved Conditional Use Permit for Ballentine subdivision
20 - Permit to cross a jurisdictional tributary is required from Army Corps of Engineers
21 (ACOE)
22 - ACOE staff have communicated that the Town is the applicant most likely to
23 demonstrate purpose and need for the crossing
24 Process
25 - Absent other action, decision on crossing to be determined as part of conditional use
26 permit
27 - Alternative process that engages property owners and others is less problematic
28 - Could be modeled on that used in discussing development agreement in 2007-2009
29 - Once a preferred alignment was selected, Town could initiate permitting process
30 with ACOE
31 - Staff has been exploring details of permitting process to determine fiscal and staff
32 impacts
33
34 Recent History
35 - Board of Aldermen review of Master Plan for Twin Creeks
36 - Development Agreement discussions
37 - Ballentine CUP, Modification/Rezoning and Pending Re-submittal
38 - Clarification of number of stream crossings
39 - Land Use Ordinance, Transportation/Traffic
40
41 Commissioner Gordon asked if it would be Town policy to require an applicant to build a
42 connector road if it were not the County and Trish McGuire said yes.
43 Mike Brough said that there has been a plan for this road to go from the south to the
44 north for 20 years or more. The question is where the exact alignment will be. He said that the
45 Town of Carrboro is going to have to apply for the permit and it cannot apply for the permit
46 unless it knows where the creek crossing is going to be. This cannot be determined unless the
47 staff is directed to come back with a process that would identify where the crossing will be.
48 Alderman Slade made a motion to direct staff to work on starting the process.
49 Mike Brough said that the staff needs to come back to the board with a proposed
50 process, which the board can then endorse.
4
1 Commissioner McKee asked if it was the Town or the County authority that would
2 require a stub-out across the creek and it was answered the Town. He asked if there was a
3 process that the Town could go through so as not to require this stub-out.
4 Mayor Chilton said that the Town could change its plans for the connecting road policy.
5 His perspective is that the Town would not find anyone that would want to see Old NC 86 a
6 four-lane road and instead turn this traffic to Eubanks Road. In order to make the connection
7 north to Eubanks Road, there has to be a creek crossing somewhere. The question becomes
8 who will pay for it and who the road will serve.
9 Chair Pelissier said that the Town would come back with a process to review this road
10 alignment.
11 Alderman Lavelle seconded Alderman Slade's motion.
12
13 (Carrboro Board of Aldermen) VOTE: UNANIMOUS
14
15 2. Economic Development
16 a) General Discussion
17
18 Economic Development Director Steve Brantley made a PowerPoint presentation.
19
20 Summary of Joint Economic Development Activities
21
22 Orange County & the Town of Carrboro
23 Presented by Steve Brantley, Director, Orange County Economic Development
24 October 11, 2012
25
26
27 Key Joint Activities
28 - Infrastructure Support to Promote Business Retention & Expansion
29 - Marketing
30 - Agriculture & Food Processing in Economic Development
31 - The Arts
32 - Tourism
33
34 Infrastructure Support for Business Retention
35 - Interlocal Agreement by County & Town to Fund the Repair of a Failing Sewer Line
36
37 Marketinq Support
38 Marketinq & Sponsorship: Promotion provided by the Orange County Economic Development
39 office
40 - Carrboro Music Festival
41 - Carrboro Film Festival
42
43 Aqricultural Economic Development—Joint Promotion
44 - PLANT Breeze Farm Enterprise Incubator
45 - (PFAP) Piedmont Food &Agricultural Processing Center
46
47 PLANT(People Learning Agriculture Now for Tomorrow) Breeze Farm Enterprise
48 Incubator
49
5
1 Carrboro-based business alumni of Breeze Farm are now sellinq locallv arown produce at the
2 Carrboro Farmers Market:
3 - Cates Corner Farm
4 - Feels Farm
5 - Box Turtle Bakery
6
7 Breeze Farm instructor qroups are also sellinq locally qrown produce at the Carrboro
8 Farmers Market:
9 - Maple Spring Gardens
10 - Peregrine Farm
11 - Perrywinkle Farm
12 - Sunset Farms
13 - Wild Hare Farm
14
15 Carrboro-based businesses utilize the County's Piedmont Food &Agricultural
16 Processing Center
17
18 Applicants & Clients:
19 - Clients based in Carrboro — 1
20 - Applicants "in process" from Carrboro—4
21 - Operate regularly in Carrboro— 3
22 - Sell products to Carrboro businesses —8
23 - Clients considering a Carrboro location —3
24 - Have employees from Carrboro— 5
25
26 PFAP's Key Clients in Carrboro:
27 - Tempeh Girl - makes tempeh from tofu
28 - Tar Heel Creamery - gourmet ice cream
29 - Baguettaboutit - food truck
30 - Capp's Apizza -wood-fired Neapolitan pizza
31 - Vintage Bee - buys honey from at least one Carrboro apiary
32
33 Joint Promotion of the Arts in Economic Development
34 - Awarding of Arts Grants
35 - ExploreChapelHilIARTS.com and ExploreChapelHill.com web sites
36 - Quarterly Artist's Salon
37 - Significance of the "Arts & Economy Prosperity IV Study"
38
39 Orange County Arts Commission's Quarterly Artists' Salon
40 Located in the West End Theatre at The ArtsCenter in Carrboro, the "Artists Salon" offers free
41 professional development for local artists. Salon topics over the past 12 months have included:
42
43 - Emergency Preparedness for Artists
44 - Make Tourism Work for You: Art +
45 - Shoebox Accounting
46 - Exploring Resources, Leveraging Assets, Crafting Your Path
47
48 Awarding of Arts Grants by the Orange County Arts Commission
49
50 Grants to Carrboro Non-Profits &Artists:
6
1 (Fa112012)
2 - ArtsCenter - $3,900
3 - Friends of the Carrboro Branch Library - $1,500
4 - WCOM-FM - $1,500
5 - Susan Simone - $1,000 (Trailer Tales: The Mobile Home Story in Orange County,
6 NC)
7 - Sean Wellington - $1000 (The OC Hope Project)
8
9 Grants to Carrboro Non-Profits &Artists:
10 (Spring 2012)
11 - ArtsCenter - $3,000 (Eleventh Annual "10 By 10 in the Triangle" Theatre Festival;
12 Teaching Artist Fees for 7 Residencies at Central Elementary School)
13 - Chapel Hill Carrboro Public School Foundation - $1,240 ("Spoken Word Poetry
14 Project" at Phoenix Academy— alternative high school)
15 - Orange County Artists Guild - $1,500 (To pay artist to design and develop Studio
16 Tour brochure)
17 - Town of Carrboro Recreation & Parks Dept. - $1,500 (Carrboro Music Festival)
18
19 Total Direct Grant Funds:
20 Awarded to Carrboro non-profits & artists over the previous 12-month period = "�����,���'��
21
22 Total Indirect Grant Funds:
23 Orange County Arts Commission awards benefitting Carrboro's citizens over the previous 12-
24 month period = "�������� �':�������
25
26 Results of the "Arts & Economic Prosperity IV Study"
27 The recent study found that non-profit arts businesses generate:
28 - $85.4 million annually in economic activity in Orange County
29 - Supports 3,352 jobs locally
30 - Returns $3.5 million in local and $4.5 million in state revenue
31
32 Joint Tourism Activities in Orange County & Carrboro
33 - Visitors Bureau Web Page
34
35 Orange County Visitors Bureau Supports the Town of Carrboro
36
37 Sponsorships of Events:
38 - Carrboro Film Festival
39 - Carrboro Music Festival
40 - Carrboro Visitors Guide
41 - Carrboro Day
42 - Our State, Independent, Chapel Hill Weekly
43
44 Production of Ads & Brochures:
45 - Facility charts for Carrboro Hampton Inn
46 - Ads for 2013 Meeting Planning Guide
47
48 Creation of New Audio/Video Database:
49 - New photo image bank was made with 245 updated photos of Carrboro
50 - New video bank has been made featuring Carrboro scenes
7
1
2 Promotion of Carrboro events in Maqazines:
3 - Southern Living magazine
4 - Our State magazine
5
6 Other Specific Examples of Tourism Promotion in Carrboro
7 - Carrboro's art galleries, ArtsCenter & Cat's Cradle have been featured in ads
8 - Facebook promotions are added weekly
9 - Carrboro is promoted throughout the annual 15-page Visitors Guide
10 - Carrboro referrals are made daily to restaurants via walk-ins to Visitors Center
11 - Carrboro is promoted extensively in a new website, launching October 8th
12
13 Hospitality at Carrboro Events
14 VI P hospitalitv aift baqs were provided to:
15 - Carrboro Film Festival Attendees
16 - DSI Comedy Festival Attendees
17
18
19 Consideration for Development:
20 (1) OWASA advises further engineering review to determine adequate water (a) pressure
21 and (b) flow required for sufficient sprinkler fire suppression.
22 (2) "Water and Sewer Management Planning and Boundary Agreement" (WASMPBA)
23 would have to be jointly amended, along with OWASA's University Lake watershed
24 restrictions governing utility extensions and connections in this area along NC 54,
25 according to Orange County's Planning Department.
26
27 Alderman Slade thanked the County and Annette Stone for collaborating on economic
28 development. He asked about similar studies about agriculture and how much could be
29 generated with agriculture. He also asked about the process the County uses to allocate funds
30 from the '/4-cent sales tax for economic development.
31 Frank Clifton said that when the process was initiated, there were general guidelines.
32 Infrastructure is a priority. An Economic Development Advisory Board has been appointed with
33 representatives from all over the County. There is great flexibility going forward.
34
35
36 b) Public Water and Sewer for Business Development on NC Highway 54
37 Carrboro's Economic Development Director Annette Stone said that this area is part of
38 Carrboro's Extraterritorial Jurisdiction. It is zoned by Carrboro. She said that this area is along
39 NC 54 and lends itself to be a manufacturing business node. It is in the University Lake
40 Watershed and there are existing buildings. Staff would like to continue to look at the existing
41 zoning and see what could be put here. She showed pictures of the existing buildings.
42 Mayor Chilton said that the issue is the modernization of the fire code and the use of
43 sprinkler systems in new commercial buildings. He said that the range of uses is very narrow.
44 He does not know the solution, but the various rules need to be discussed if there is an
45 infrastructure project that is going to happen here. He said that the reason there is no building
46 there now is because the building burned down and the Town of Carrboro did not put the fire
47 out because of the unknown chemicals on the site and washing them into University Lake.
48 Alderman O'Donnell said that the owner of the property has come before the board
49 several times with concerns about the lack of potential to bring in incubators or other
8
1 businesses that have expressed interest in this property. The problem is where the parcels can
2 go in the future.
3 Frank Clifton said that the two staffs need to work on this to find out the feasibility of this
4 project.
5 Commissioner Jacobs said that they should have the conversation in the context of lake
6 watershed protection and staff could invite OWASA staff to the table too.
7 Steve Brantley suggested doing an environmental assessment too.
8
9 3. Carrboro's Vision for Use of the New Town Hotel Tax
10 Mayor Chilton said that Carrboro has had the authority to levy a hotel tax (approximately
11 3%). The estimates are that there is about $95,000 worth of revenue when applied to the new
12 hotel that is currently being built. Under the terms of the current authority from the legislature,
13 the Town can spend 2/3 of that money on visitor promotion and 1/3 of the money on visitor
14 services. Visitor promotion is very narrowly defined and includes activities that would
15 encourage people to spend the night in the community and spend the night in the hotels. One-
16 third of the money has to be spent on things that would serve the visitor community. He said
17 that visitor promotion will be done on a contract basis with the Orange County Visitor's Bureau.
18 The terms of the agreement will be up to the Board of Aldermen.
19
20 4. Solid Waste and Related Issues Update
21 a) Joint Efforts
22 Assistant County Manager Michael Talbert said that the County-owned landfill is
23 scheduled to close on June 30, 2013, creating a need for the County to find a suitable means of
24 disposing of municipal solid waste (MSW) generated in Orange County. County staff has
25 recently entered into negotiations with the City of Durham regarding use of the Durham waste
26 transfer station (WTS) by any and/or all of the jurisdictions within Orange County. Based on
27 those negotiations, a draft agreement (Attachment A) was developed by Orange County and is
28 currently under review by the City of Durham. The draft agreement includes provisions for the
29 use of the Durham Waste Transfer Station by the Town of Carrboro, should it choose to do so.
30 It is anticipated that this agreement will be finalized and executed prior to the end of 2012.
31
32 Solid Waste Interlocal Agreement:
33 In 1999 Orange County, Chapel Hill, Carrboro, and later Hillsborough entered into an
34 interlocal cooperation agreement (Attachment B), the Agreement for Solid Waste Management
35 ("Interlocal"), regarding the future of the Greene Tract, and also the disposal of municipal solid
36 waste (MSW), construction and demolition waste (C&D), and recyclable materials.
37 The Interlocal provides in great detail for the management of MSW. However, its provisions
38 related to C&D waste and recyclable materials are extremely limited.
39 In September 2011 the attorneys for the County and Municipalities met and
40 discussed the Interlocal Agreement. Their determination was that upon the June 30, 2013
41 closure of the Orange County Landfill, the Interlocal effectively terminates with regard to the
42 provisions related to MSW. Given the limited extent to which the Interlocal addresses the
43 management of recyclable materials and C&D waste, if the governing boards of the County and
44 Municipalities desire to continue the current method of the collection and processing of
45 recyclable materials, a new Interlocal Agreement should be developed. Regardless of whether
46 the County and Municipalities continue to partner with regard to the management of MSW, it is
47 wise for the County and Municipalities to continue to partner with regard to planning for the
48 management of MSW and recyclable materials. Joint planning, waste reduction goal setting
49 and reporting would particularly benefit the County and assist the County in its state-mandated
50 planning responsibilities.
9
1 In December 2010 the BOCC established a Solid Waste Interlocal Agreement Work
2 Group, with Commissioner Steve Yuhasz appointed as the County representative in June,
3 2012. Mayor Mark Chilton was appointed as the Town of Carrboro's representative, with
4 Alderman Randee Haven O'Donnell selected as an alternate. This Work Group has not been
5 activated for reasons relating to the Rogers Road community mitigation request of May 2011
6 and the uncertainty with regard to the outcomes of the Town of Chapel Hill's decision to
7 conduct a comprehensive analysis of its solid waste services and programs.
8
9
10
11 b) Solid Waste Advisory Board (SWAB)
12 Michael Talbert said that the Solid Waste Advisory Board (SWAB) was established as
13 part of the 1999 Interlocal Agreement for Solid Waste Management and has been active with
14 regard to a number of policies, programs and acting as a public forum since that time. Given
15 the uncertainty surrounding the decision to close the landfill on June 30, 2013 and Chapel Hill's
16 ongoing analysis of its future solid waste services and practices, the SWAB has been less
17 active and currently experiences no representation from Orange County or the Town of
18 Carrboro. Presently only the Towns of Chapel Hill and Hillsborough have active members,
19 along with ex-officio membership from the University. Commissioner Yuhasz is County Liaison
20 to the Board. The SWAB has recently formally recommended that existing vacancies be filled
21 so its work can continue until some more permanent long term resolution can be determined
22 among the jurisdictions. The SWAB believes that some joint relationship among the local
23 governments will be necessary to effectively continue solid waste management efforts into the
24 future, efforts that will, at a minimum, involve waste reduction and recycling services/programs.
25
26 c) Greene Tract
27 Michael Talbert said that the Greene Tract (164 acres) was acquired in 1984 for
28 $608,000 and came to the County as an asset in the Solid Waste Fund. As a result of the
29 Interlocal Agreement, sixty (60) acres of the Greene Tract was conveyed to Orange County for
30 "Solid Waste management purposes". The Inter Local Agreement (amended April 12, 2000)
31 provided for the three owning partners to determine, over a two-year period, the ultimate
32 disposition of the remaining 104 jointly held acres.
33 A Greene Tract Work Group that included representatives of all parties to the Interlocal
34 Agreement began meeting in 2001 and presented Recommendations on March 21, 2002.
35 A Greene Tract Work Group Resolution, making a recommendation on the 104 acres jointly
36 owned by Orange County, Chapel Hill and Carrboro, was approved by the BOCC on December
37 10, 2002. Attachment C is the Resolution from December 10, 2002. The remaining 60 acres of
38 the Green Tract continues to be owned as an asset in the Solid Waste Fund.
39 A five-year payment plan for the 104 acres jointly owned by Orange County, Chapel Hill
40 and Carrboro was agreed to by all parties. Fiscal Year 2012/13 is the 5th year of the five year
41 plan. The Town of Carrboro did not provide its Fiscal Year 2011/12 payment of$29,524.
42
43 Frank Clifton said that the Town of Chapel Hill is doing its own solid waste study about
44 what to do about its trash when the landfill closes. He said that the County does not know if the
45 towns have any ideas about what they will do when the landfill closes.
46 Mayor Chilton said that there has been only minimal contact on the elected official level
47 with the Town of Chapel Hill. He said that the Town wants to continue with the recycling. He
48 does not anticipate major changes in the way the Town of Carrboro does things. He said that
49 the staff feels obligated to the taxpayers to look at other options besides going to the Durham
50 transfer station because of the expense.
10
1 Commissioner Hemminger said that the Durham transfer station is a temporary, short-
2 term strategy. She does not want to see recycling go down.
3 Mayor Chilton said that, based upon the reading of the interlocal agreement that the
4 agreement calls for any party that is going to withdraw to give formal written notice to other
5 governments involved in the agreement. He said that the way he reads it is that one of the
6 implications of this is if the County no longer provides a landfill for the Towns to use, then the
7 Towns are entitled to a certain amount of notice in terms of the agreement. He said that there
8 has never been a formal notice from the County of the intention to discontinue providing this
9 service. He said that he believes there is a considerable extra cost to the citizens of Carrboro
10 because of the County's decision.
11 Chair Pelissier said that the landfill is going to close and it was just a matter of a
12 difference in timing.
13 Mayor Chilton said that the agreement calls for a certain amount of notice. He said that
14 the Town has not received a formal notice about not continuing to provide this service to the
15 Town of Carrboro.
16 Orange County Staff Attorney Sahana Ayers said that the interlocal agreement does not
17 address the end of the life closure of the landfill itself. She does not think that the County has
18 the responsibility to give notice about something that is not in the interlocal agreement.
19 Mayor Chilton said that this is a viewpoint that he expected the County Attorney to take,
20 but his responsibility is to the taxpayers of Carrboro and he reads the document differently.
21 In answer to a question about the Solid Waste Advisory Board, Commissioner Yuhasz
22 said that the SWAB has not met for the last two meeting times because without there being a
23 decision about Chapel Hill moving forward, there is very little to discuss.
24 Alderman O'Donnell said that she stood behind Mayor Chilton in that there should be a
25 conversation about this soon regarding the Solid Waste Interlocal Agreement; a scheduled
26 meeting.
27 Commissioner Jacobs said that the Board of County Commissioners was not unanimous
28 and he wished that these meetings were used to find a positive way to move forward. He said
29 that with all of these issues, they need to find common ground. He is an advocate of trying to
30 find combined services for citizens. He asked Solid Waste Director Gayle Wilson to talk about
31 the waste reduction.
32 Gayle Wilson said that Orange County is at about 55% waste reduction and the
33 disruption in solid waste disposal may cause a blip, but he hopes not. They are continuing to
34 move forward toward the final goal.
35 Commissioner Yuhasz said that regardless of what solid waste solution is decided upon,
36 there needs to be a central collection place in Orange County, or it needs to be transferred to
37 some other location.
38
39 5. Historic Roqers Road Neiqhborhood
40 Michael Talbert said that in 1972 the landfill was opened by the Town of Chapel Hill and
41 in 1999 Orange County assumed ownership and operation of the Orange County Landfill on
42 Eubanks Road. The Historic Rogers Road Community has lived with the Orange County Landfill
43 for 40 years.
44 On May 17, 2011 the Board of Commissioners received a plan from Rogers-Eubanks
45 Neighborhood Association (RENA) recommending actions to mitigate the long and short term
46 impacts of Orange County's Landfill and Solid Waste operations on the health, safety and
47 welfare of the Historic Rogers Road — Eubanks Road community.
48 On January 26, 2012 the Board of Commissioners and the Town Boards discussed the
49 extension of sewer service and a community center for the Historic Rogers Road Community.
50 County and Town Attorneys have concluded that utilization of Solid Waste reserves to extend
11
1 sewer service to the Historic Rogers Road Community is not consistent with North Carolina
2 General Statutes and would subject the local governments to legal challenges. Therefore,
3 funding for either the extension of sewer services and/or a community center will have to come
4 from the County's and Towns' other general revenue sources.
5 On February 21, 2012 the Orange County Board of Commissioners authorized the
6 creation of a new Historic Rogers Road Neighborhood Task Force to address sewer service
7 and a community center.
8 On September 6, 2012 the Board of County Commissioners reviewed the Interim Report
9 from the Historic Rogers Road Neighborhood Task Force and approved the following motion:
10
11 The motion was made by Commissioner Hemminger and seconded by Commissioner
12 Yuhasz, for intent to:
13 • move forward with a new"green" community center;
14 • to ask the Manager to find $380,000 more to move into the fund already
15 established with $120,000;
16 • to work with RENA and Habitat for Humanity on the design and implementation
17 of this community center;
18 • to ask the towns to contribute computers, supplies, permitting costs, connection
19 costs and the first 12 months of utilities towards this project;
20 • to ask the towns to expedite the permitting process; and
21 • to be able to start immediately to bring this project back
22
23 On October 3, 2012 the Historic Rogers Road Neighborhood Task Force met and
24 discussed the attached recommendations from the County and Town Managers. Based on the
25 draft Meeting Summary the Task Force reinforced support for both the Community Center and
26 Sewer in the Historic Rogers Road Community, by the recommending the following:
27
28 1. That the Managers meet and report back to the Task Force at the October 24, 2012
29 meeting, specifically to study how the local governments can cost-share sewer
30 improvements and a community center.
31 2. That the Managers consider the attached "Carrboro" cost sharing option.
32 3. That the Task Force move forward with the Community Center and continue discussions as
33 to how sewer is implemented.
34
35 The Historic Rogers Road Neighborhood Task Force is scheduled to present its final
36 report to the Assembly of Governments on December 6, 2012.
37
38 Commissioner Hemminger made reference to the idea of moving the historic Hogan
39 House and said that the church will move the property and save it to be restored on its own
40 property.
41 Mayor Chilton said that the Town of Carrboro is not an entitlement fund community but
42 the Town of Chapel Hill is. He thinks that this is worthy of being looked into further.
43 Commissioner Hemminger said that there are certain ratios and this neighborhood did
44 not meet the ratios.
45 Mayor Chilton said that extending sewer lines to low-income neighborhoods is
46 something that CDBG money does qualify for, generally speaking.
47 Michael Talbert said that none of this area is within the town limits of Chapel Hill, it is all
48 under the ETJ therefore it would not qualify for entitlement money. Regarding funding for
49 sewer, there is not massive failure of all of the systems out there and most of the homeowners
50 have functional septic systems.
12
1 Discussion ensued about the lack of interest in tapping into a sewer system in this area.
2 The meeting adjourned at 9:59 PM.
3
4 Bernadette Pelissier, Chair
5
6 Donna S. Baker, CMC
7 Clerk to the Board