HomeMy WebLinkAboutAgenda - 03-21-2013 - AgendaORANGE COUNTY BOARD OF COMMISSIONERS
CHAPEL HILL TOWN COUNCIL
AGENDA
BOCC /Chapel Hill Town Council Joint Meeting
March 21, 2013
Meeting — 7:00 p.m. - 9:30 p.m.
Southern Human Services Center
2501 Homestead Road
Chapel Hill, NC
(7:00) Welcome and Opening Remarks (Mayor Mark Kleinschmidt and Chair
Barry Jacobs)
1. Review of Rogers Road, including Town's Small Area Plan
2. Update on Orange County Bus and Rail Investment Plan (OCBRIP)
Implementation
3. Smoke Free Public Places
4. Solid Waste /Recycling
a) Discussion on Process to Develop New Interlocal Agreement
b) Town of Chapel Hill's Solid Waste Plans
c) Franchise and Recycling Options
5. Town Perspective on Annexation Changes and Joint Land Use
6. Chapel Hill Development Agreement Process Update for Homestead
Road Campus
7. INFORMATION ITEMS (No Specific Presentation or Discussion)
a) Memorandum with Update on Town and County Library
Activities
b) Visitors Bureau Update
ORANGE COUNTY BOARD OF COMMISSIONERS
CHAPEL HILL TOWN COUNCIL
JOINT MEETING
AGENDA ITEM ABSTRACT
Meeting Date: March 21, 2013
SUBJECT: Joint Meetinq Discussion Items
DEPARTMENT: County Manager /Town
Manager /County
Planning /Town
Planning /Health /Solid
Waste /County Library /Town
Library /Orange County Visitors
Bureau
ATTACHMENT(S):
As noted in "Background" section
PUBLIC HEARING: (Y /N)
No
1
INFORMATION CONTACT:
Frank Clifton, 245 -2300; Roger Stancil,
968 -2743; Michael Talbert, 245 -2300;
Craig Benedict, 245 -2575; J.B. Culpepper,
968 -2728; Colleen Bridger, 245 -2400;
Lucinda Munger, 245 -2525; Laurie
Paolicelli, 968 -2060
PURPOSE: To discuss topics of mutual interest between the governing boards of Orange
County and the Town of Chapel Hill.
BACKGROUND:
1. Review of Rogers Road, including Town's Small Area Plan
On December 6, 2012 the Assembly of Governments received an interim report from the
Historic Rogers Road Neighborhood Task Force and held a lengthy discussion of the
accomplishments of the Task Force. One of the recommendations from The Task Force was
that the Task Force continues to meet for an additional 6 months to address the Charge with
the original composition of the Task Force.
On February 5, 2013 the Board approved a new Charge for the Historic Rogers Road
Neighborhood Task Force (Attachment 1 -a):
• Two members appointed by each Town, Chapel Hill (Council Members Lee Storrow and
Jim Ward) and Carrboro (Board Members Michelle Johnson and Sammy Slade)
• Two members appointed by the County (Commissioners Renee Price & Penny Rich)
• Two members appointed from Rogers Eubanks Neighborhood Association (David
Caldwell and Robert Campbell)
2
The first meeting of the Historic Rogers Road Neighborhood Task Force is scheduled for March
20, 2013 and the Board expects a final report to the Board of County Commissioners no later
than September 17, 2013.
It should be noted that the Town of Chapel Hill previously developed a Rogers Road Small Area
Plan Task Force Final Report (Attachment 1 -b), and the Town of Chapel Hill will provide an
update at the meeting.
Staff will provide any other information at the meeting, and the governing boards can discuss
issues related to this item as necessary.
Attachment 1 -a — New Draft Charge of the Historic Rogers Road Neighborhood Task
Force
Attachment 1 -b — Rogers Road Small Area Plan Task Force Final Report
2. Update on Orange County Bus and Rail Investment Plan ( OCBRIP) Implementation
The OCBRIP was adopted last October in anticipation of a' /2 cent transit sales tax referendum
which was approved in November. In addition, additional vehicle tag taxes have also been
initiated to create a revenue stream to fund the BRIP; new and expanded bus service, LRT,
BRT and an Amtrak station. Initial monies will be collected by the Department of Revenue in
April of this year. TTA, which is the implementing agency, has begun to meet with local transit
agencies to gauge plan noted transit routes and associated prioritization.
An interlocal implementation agreement (OCBRIP /IIA) outlines the process of stakeholder
involvement and annual updates to understand revenues, projects and expenditures and
changes, if necessary.
Although, some enhanced bus service could be realized later this year, it will take a few years to
monitor revenues, create capital and operational balances and roll out sustainable service.
Over the next 4 years, there will be a cumulative 25% increase in bus hours and purchases. In
addition, a substantial amount of money is earmarked in support of the New Starts application
for LRT and its associated project development.
Staff will provide any other information at the meeting, and the governing boards can discuss
issues related to this item as necessary.
Attachment 2 — Orange County Transit Plan — Proposed Regional Bus Service
Improvements
3. Smoke Free Public Places
Mayor Mark Kleinschmidt, Commissioner Bernadette Pelissier, Town Manager Roger Stancil
and Health Director Colleen Bridger met last month to discuss this issue. The Town Council
has also been provided with supporting documentation including three legal opinions on the
Board of Health's Rulemaking Authority concerning this issue. Dr. Bridger and Tony Whitaker,
Past -Chair of the Orange County Board of Health, will briefly review the reasoning and process
3
in the development and adoption of the Smoke Free Public Places Rule. They will also answer
any questions the members of the governing boards may have about the Rule.
Staff will provide any other information at the meeting, and the governing boards can discuss
issues related to this item as necessary.
No Attachments
4. Solid Waste /Recycling
a) Discussion on Process to Develop New Interlocal Agreement
In 1999 Orange County, Carrboro, Chapel Hill and later Hillsborough entered into an interlocal
cooperation agreement for the management of solid waste. The Towns' and County attorneys
have jointly determined that upon the June 30, 2013 closure of the Orange County MSW
Landfill, the Interlocal Agreement effectively terminates with regard to the provisions related to
MSW. Given the limited extent to which the current Interlocal Agreement addresses the
management of recyclable materials and Construction and Demolition (C &D) waste, it was
suggested that if the County and Towns desire some level of cooperation to continue, a new
Interlocal Agreement should be developed.
In December 2010 the BOCC established a Solid Waste Interlocal Agreement Work Group with
appointments made by all four jurisdictions. The Work Group has not been activated in part due
to uncertainty with regard to outcomes of the Town of Chapel Hill's comprehensive analysis of
its solid waste services and programs. Given that negotiations of a new Interlocal Agreement,
should the jurisdictions desire one, could take several months, it may be advisable to
immediately reactivate the Work Group (or establish an alternative process) to begin work
creating this new document.
Town and County staffs have met several times in the past three -four months discussing
various issues and elements that could /should be addressed in a new agreement and had
recently come to preliminary conceptual agreement on a framework for a new agreement,
pending discussions with the Town and County Manager's and now pending recycling services
funding determinations. It was intended that the conceptual staff agreement would be shared
and discussed with the staffs of Carrboro and Hillsborough before proceeding further. The Solid
Waste Advisory Board (SWAB) has previously commented on the issue of a new Interlocal
Agreement on several occasions. The issue of an Interlocal Agreement was also discussed at
the January 26, 2012 and the December 6, 2012 Assembly of Governments (AOG) meetings.
Staff will provide any other information at the meeting, and the governing boards can discuss
issues related to this item as necessary.
No Attachments
b) Town of Chapel Hill's Solid Waste Plans
The Town of Chapel Hill will provide an update on its solid waste plans at the meeting. The
governing boards can discuss issues related to this item as necessary.
No Attachments
c) Franchise and Recycling Options
On March 7, 2013 the Board of Commissioners discussed a proposal to move toward a county-
wide franchise that could privatize curbside Solid Waste and Recycling Services in the
unincorporated areas of Orange County.
This discussion was prompted by a recent North Carolina Supreme Court case that essentially
states that there is no direct statutory authority for a local government to levy a fee for these
services. Since that opinion was issued, Orange County staff have been engaged in
discussions regarding how, going forward, the County can best address the recycling services
in light of this new position of the Supreme Court.
Orange County Solid Waste Management Department is recognized as being number one in
the state for waste reduction, reaching 59% of its 61% aggressive reduction. The County is
disposing only 0.56 tons /person compared to the base year of 1991 -92, when the disposal rate
measured 1.36 tons. In the region, Wake County achieved a 25% reduction rate, Durham
County rate is at 21%, Chatham County is 37 %, and Alamance County with 26 %. Orange
County's 61% waste reduction goal was adopted in 1997 by the County and by the Towns of
Carrboro, Chapel Hill and Hillsborough as part of the County's original Comprehensive Solid
Waste Plan.
On April 9, 2013 the Board of Commissioners will be presented options of how it might fund
recycling and continue the County's commitment to the 61% waste reduction goal adopted in
1997. A county -wide franchise agreement that could privatize curbside Solid Waste and
Recycling Services in the unincorporated areas of Orange County is one option for
consideration.
Staff will provide any other information at the meeting, and the governing boards can discuss
issues related to this item as necessary.
Attachment 4 -c — March 7, 2013 Agenda Abstract — Proposal to Move Toward A
Franchise to Privatize Curbside Solid Waste and Recycling Services
in Unincorporated Area of Orange County
5. Town Perspective on Annexation Changes and Joint Land Use
The Town of Chapel Hill will provide an update on this item at the meeting. The governing
boards can discuss issues related to this item as necessary.
No Attachments
5
6. Chapel Hill Development Agreement Process Update for Homestead Road Campus
The Town of Chapel Hill will provide an update on this item at the meeting. The governing
boards can discuss issues related to this item as necessary.
No Attachments
7. INFORMATION ITEMS (No Specific Presentation or Discussion)
a) Memorandum with Update on Town and County Library Interoperability
Activities — Attachment 7 -a
b) Visitors Bureau Update — Attachment 7 -b
FINANCIAL IMPACT: There is no direct financial impact associated with discussion of these
topics. There are no action items requiring formal decisions.
RECOMMENDATION(S): The Managers recommend the governing boards discuss the topics
listed and provide appropriate direction to the respective staffs.
A
ATTACHMENT 1 -a
New Draft Charge of the Historic Rogers Road Neighborhood Task
Force
From the February 5, 2013 Meeting of Orange County Board of
Commissioners
1. Request that the towns confirm the continuation of the Historic
Rogers Road Neighborhood Task Force and appoint members to the Task
force;
2. Confirm the appointment of Commissioners Rich and Price as the
County's members on the Historic Rogers Road Neighborhood Task Force;
3. Request that the Rogers Eubanks Neighborhood Association confirm
the continuation of the Historic Rogers Road Neighborhood Task Force and
appoint two members to the Task Force;
4. Confirm the charge and a timeline for the Task force as
specified by the motion approved at the January 24 meeting:
To continue the Task Force for six (6) months;
To have the Task Force consider the final costs, provision and
installation of water and sewer utility extensions preferably at no cost for
members of the Historic Rogers Road community;
Consider options to address gentrification;
Consider Chapel Hill's most recent Small Area Plan;
Consider funding options, including the Greene Tract.
5. Specify that the Task Force provide a report to the Board of
County Commissioners no later than the Board's September 17th meeting
Rogers Road Small Area Plan Task Force
Final Report
7
ATTACHMENT 1 -b
Prepared by the
Rogers Road Task Force
Task Force Members
Delores Bailey
Joal Hall Broun
Robert Campbell
Moses Carey
Robert Dowling
Barbara Hopkins
Neloa Barbee Jones
Susan Levy
Council Member Mark Kleinschmidt
Bonnie Norwood
Council Member Bill Strom
James Stroud
Ruby Sinreich
Tom Tucker
Laura Wenzel
A
Page
Introduction 4
Background
Timeline
Location
History
Development and Infrastructure Concepts 10
Concepts for Sewer Extension
Expanding Road Access
The Greene Tract
Land Use Exercise
Community Design Workshop 15
Task Force Recommendations 20
Implementation 22
Attachment 1 27 -28
NC Water and Wastewater Funding Sources
Appendix 1 Rogers Road Small Area Plan Task Force Interim Report - June 2007
Appendix 2 Recommendations for the Rogers Road Small Area Plan - A report by the Durham Area Designers
Introduction
The Rogers Road Small Area Plan Report summarizes the activities and recommen-
dations of the Chapel Hill Rogers Road Small Area Plan Task Force. The information
included in this Report represents work undertaken by the Task Force to identify
key issues and prepare a small area plan intended to address those issues. The
Report draws from the interim report from June of 2007 (Appendix 1) and the
Urban Design Workshop held in June 2008 (Appendix 2).
The Rogers Road Task Force was created by the Chapel Hill Town Council on
December 4, 2006 and held its initial meeting in February of 2007. In establishing
the Rogers Road Task Force, the Council identified the following topics to be ad-
dressed.
Desirable Land Uses and a Revision to the Land Use
Plan
Water and Sewer Extension Plan
Roadway Network
Transit Service Plan
Zoning Ordinance and Map Amendment
10
At the initial meetings of the Task Force, members reviewed background
information about existing conditions and infrastructure within and
adjacent to the study area. The Task Force met a total of six times between
February 15, 2007 and the submission of an interim Report to the Town
Council on June 21, 2007. Subsequent meetings of the Task Force included
two consultant -led workshops with the Rogers Road Urban Design Assistance
Team during the summer of 2008. The workshops produced a draft land use
plan and recommendations for policies to support the proposed land uses.
Final meetings of the Task Force focused on gathering feedback for the
consultant's work and reviewing a range of implementation strategies.
This Report begins with a review of background information about the study
area and relevant planning efforts. The following sections detail information
presented to the Task Force about concepts for new development and
infrastructure in the area. The last sections include the final recommenda-
tions of the Task Force and the suggested course for implementation of the
Rogers Road Small Area Plan.
Joint Planning Agreement
Petition to
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Council to 1
Carrboro, and Orange
initiate a small
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Location
The Rogers Road study area is approximately 330 acres. It is bounded by the Nor-
folk and Southern Railroad to the east, the existing residential neighborhood of
Billabong Road and Homestead Place to the south, Rogers Road to the west, and
the Orange County Landfill to the north. The Rogers Road study area is located in
Orange County northwest of the municipal boundary of the Town of Chapel Hill
and northeast of the Carrboro Municipal Boundary (Figure 2). It is also located in
the Chapel Hill Transition Area, which includes areas planned to become part of
the Town of Chapel Hill and within the Town's Urban Service Boundary. The Transi-
tion Areas of Chapel Hill and the Town of Carrboro were established with Orange
County in 1987 though the Joint Planning Agreement (Figure 1).
Almost half of the study area (164 acres) consists of the jointly owned Greene
Tract. Approximately 60 acres was deeded exclusively to Orange County pursuant
to the 1999 interlocal "Agreement for Solid Waste Management." The remain-
ing 104 acres is jointly owned by Orange County, the Town of Chapel Hill and the
Town of Carrboro. The Greene Tract was originally purchased in 1984 as a potential
future landfill and is located southeast of the existing Orange County landfill. A
concept plan prepared by a Greene Tract Workgroup' was approved by the joint
owners in late 2002. This plan identifies that 18.1 acres of the jointly owned por-
tion will be developed for housing and the remaining acres of the jointly owned
portion will be preserved and managed as open space.
The remaining portion of the study area consists of approximately 80 lots and
tracts in the historic Rogers Road neighborhood. The properties are primarily ac-
cessed via Purefoy Drive off Rogers Road.
12
The Joint Planning Agreement of 1987
In 1984, the Town of Chapel Hill and Orange County entered into a Joint
Planning Agreement that called for the development of a Land Use Plan for the
areas immediately surrounding Chapel Hill and Carrboro, but located outside the
extraterritorial planning jurisdictions of the two towns. These areas outside of each
Towns's respective corporate limits and planning jurisdiction were known as Joint
Planning "Transition Areas." Initially, the Town of Carrboro was not a party to the
Joint Planning Agreement.
The staffs and Planning Boards of Chapel Hill and Orange County prepared a Land
Use Plan. The Town Carrboro was also updating its Land use Plan and began to
participate in the Joint Planning process. A public information meeting was held in
November of 1985. The results of this meeting combined with public
hearings in January and April of 1986 were merged to produce the Joint Planning
Area Land use Plan. The Plan was adopted by the Chapel Hill Town Council and the
Orange County Board of Commissioners on October 13, 1986.
Following efforts to streamline the review process for developments located in
transition areas, the Town of Carrboro joined Chapel Hill and Orange County in
adopting a new Joint Planning Agreement on November 2, 1987.
The Town of Chapel Hill Comprehensive Plan, a long range plan for future
development of the Town reflects the Joint Planning Agreement and identifies an
Urban Services Boundary. This boundary defines the future town limits in which it
is intended that the Town will grow and provide typical urban services. The Rogers
Road Study Area is within this boundary.
'The Greene Tract Work Group was comprised of elected officials. They met in 2002 to determine the use forth e re-
maining 109 acres of the of the Greene Tract and to discuss the disposition of the property. The Work Group agreed
that the three public purposes of open space, affordable housing, and recreation were the uses to be programmed
for these 109 acres.
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13
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15
H i s t o r
Residents of Rogers and Eubanks Roads can trace their family landholdings back to
the 1700s when some of the earliest families in Orange County, such as the Hogans
and Blackwoods, settled in the area. After emancipation, African American
families, like the Rogers and Nunns, began farming in the area, taking their crops for
sale at the Durham farmer's market and enduring the Great Depression. During the
development boom experienced by Orange County in the 1960s and 1970s, more
families joined the Rogers /Eubanks Road neighborhood. The area slowly lost its
agricultural focus as properties were divided among siblings and new housing was
built.
Yr
$ OLD LANDFILL
.
S
In 1972, the north side of Eubanks Road became the site of a solid waste landfill
_.
to serve Orange County. This was the first permitted solid waste disposal site in
Orange County and was constructed to lesser standards than the 1995 Landfill
'', �:
expansion on the southside of Eubanks Road. As a result of their proximity to the
,*
r: z•�a_ ';� ' C & D Landfill r Y 'r
_ -
landfill, residents in the Rogers Road Study area have endured several decades
.
of negative impacts associated with modern solid waste disposal practices. These
Orange Co. Landfill .
include increased illegal dumping,
..- +
xf `
truck traffic, a putrid stench, contaminated wells,
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rats and vultures.
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a '
Orange County Solid Waste Facilities
near Eubanks Rd. o soo 1,000
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2,000 N I
Figure 3 - Aerial Image of Orange County Landfills
Development and Infrastructure Concepts
The early meetings of the Rogers Road Task Force addressed the manner in which
new infrastructure such as sanitary sewer and additional road access could be
provided in association with new developments, particularly on the Greene Tract.
The Task Force also developed a set of guiding principles and recommendations.
This section describes the findings of the Task Force prior to the community design
workshop in June of 2008.
Concepts for Sewer Extension
Most of the Rogers Road study area is served with water by the Orange Water and
Sewer Authority ( OWASA). Water lines extend eastward from Rogers Road. OWASA
sanitary sewer has been extended into the southwestern part of the study area.
OWASA policy is to utilize gravity flow rather than pumping stations. Pumps are
not desirable because they may fail during storms and they involve operating costs
for electricity and maintenance.
In March 2007, as part of the Rogers Road Task Force discussions, OWASA staff
presented a conceptual layout of a sanitary sewer network that could provide
service to existing lots within the Rogers Road study area. The conceptual layout
identifies new lines that would need to be constructed and an existing line extend-
ed to provide gravity sanitary sewer service to existing lots. This includes extending
the existing line from the southwest, a new line to Eubanks Road in the northeast
and a new line to the west which could be provided in cooperation with the Town
of Carrboro.
Figure 4 on page 11 is the existing and conceptual sewer network plan for the
study area. There is one concept for the Rogers Road study area with two versions
( A and B). Both rely on the extension of sewer mains into the northeastern terri-
16
tory of Carrboro. They differ in that Concept A serves the Neville Tract and the adjoining
24 acre Harris property from a new line to the north that ties onto the extension for the
Orange County Landfill. Concept A has greater potential to facilitate subdivision of the Har-
ris property. Construction is estimated to cost $ 2.9 million' in 2007 dollars.
Concept B serves the same properties via a new line to the west. Construction is estimated
to cost $ 2.5 million' in 2007 dollars. Neither Concept A or B serve properties off Sandberg
Lane or 3 lots off Merin Road. Concept C shows how gravity sewer could be provided
to those lots not served by A or B via a new line along Billabong Lane. Billabong Lane is
beyond the study area. A third concept,Concept C, would add $1.3 million' in 2007 dollars
to the construction cost of Concepts A or B and extend service to the properties in the
southeastern corner of the study area.
In accordance with existing OWASA policies, benefiting properties would bear the cost of
extending water and sewer lines. The Task Force also reviewed the assessment process
for neighborhoods pursuing water and sewer service. Task Force members expressed great
concern over the ability of existing homeowners to bear the cost of installing main lines,
hooking up to services and paying utility bills, thereby decreasing the affordability of low -
cost housing that currently exists in the study area.
2 The proposed sewer and water lines are preliminary configurations provided by OWASA (Orange Water and
Sewer Authority). If the Town decides to pursue these or other concepts, additional engineering and
professional services will be needed to provide site -level detail and overall determination of project feasibility.
These estimates do not include the additional cost for connecting individual properties to the sewer system.
Rogers Road and Surrounding Area
Existing and Conceptual Sewer Network
Sewer Extension Cost Estimates
Adjusted for Inflation from 2007 Estimate
Concept A
$3,110,400
Concept B
$2,721,600
Concept C
$1,393,200
Concepts A +C
$4,503,600
Concepts B +C
$4,082,400
Concepts A and B are
identical except that B
extends sewer to the
properties west of the
Neville Tract.
Orange County Landfill
*Note the differences
between A and B `
A,
OWASA Proposed—Sewer
GravitySewerMains
PROPOSED LANDFILL
B GAS PIPE ROUTING
- - - - -- Proposed Landfill Gas Pipe Routing Neville
Tract
I
Rogers Road Study Area
— —
Area of Focus
Map by - Chapel Hill Planning
Source: Sewer Data from OWASA
T
N
M
Greene Tract
Figure 4 - Conceptual sewer network proposed by
OWASA
Transportation Improvements
Most properties in the study area are accessed from Purefoy Drive off Rogers Road.
Rogers Road is a two lane facility currently classified as a collector street by the
North Carolina Department of Transportation (NCDOT). The traffic volume in 2007
was approximately 5,000 vehicles per day, a rise from 3,000 vehicles per day in
1990. (In general traffic on Rogers Road has increased by 4 to 6 percent per year.)
Purefoy Drive as currently constructed is sufficient to accommodate 500 - 1,500
vehicle trips per day.
The Task Force recommendations propose that new development in the study area
may require expansion or upgrade of existing streets. The Task Force identified the
need for additional access to the neighborhood and more internal road connec-
tions (See Figure 6) In particular they identified the need to have a north -south
roadway connection through the study area to connect to Eubanks Road.
Orange County owns approximately 70 percent of the property with frontage on
Eubanks Road including the landfill site, the solid waste operations center and the
animal shelter. The Task Force considered options to provide an east to west road
connection to the neighborhood through the Greene Tract.
Transit Service
Currently, the Rogers Road area is served by Chapel Hill Transit paratransit and
Share -a -Ride services. Chapel Hill Transit has received funding to revise existing
transit service in the Rogers Road area. It is anticipated that this expansion of tran-
sit service will be implemented by the end of the second quarter of 2009. Figure 5
shows one option for extending transit service along Rogers Road. Until additional
operational and funding details are finalized, this route remains conceptual in
nature.
HS Route Proposed Extension
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9
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Source: Chapel Hill Transit 0 0.25 0.5 1 Miles
Date: 5/27/08 1 1 1 1 1 1 1 1 1
Figure 5 - HS Route Proposed Extension
Figure 6 - Road Connections
Development and Infrastructure Concepts
The Greene Tract
The Task Force received information from the Director of the Orange County
Environment and Resource Conservation Department concerning the
environmental sensitivity and importance of the Greene Tract. The 2002 Greene
Tract Concept Plan was adopted by Orange County, Chapel Hill, and Carrboro. The
plan's sole component is a map that delineates the acreage of the jointly owned
Greene Tract would be used for Affordable Housing and Open Space (Figure 7).
Land Use Visioning Exercises
Prior to the interim Report, the Task Force took part in a land use visioning exer-
cise in which they explored different building types, arrangement, and density.
Members expressed a preliminary preference for residential densities between
1 -8 Units /Acre, recreational, and small commercial land uses in the Rogers Road
study area. Additionally, Town staff utilized 3 -D modeling software to convey
the scale of the proposed Habitat for Humanity project adjacent to Purefoy Road.
,e �f
The Greene and Neville Tracts
Orange County
Chapel Hill, Carrboro,
Orange County
Current Parcel Ownership
Ne vil,
Tract
20
Orange County
Open Space
85.9 Acres
Greene Tract Concept Plan
2002
Figure 7 - Greene and Neville Tracts
Community Design Workshop
For the Task Force to further develop its vision, the Town contracted with the Durham
Area Designers (DAD) to host a workshop in the Summer of 2008. The information
from early Task Force meetings provided a foundation for this interactive process. The
community design workshop was on Saturday, June 7, 2008. The objective was to find a
community consensus for components of the proposed small area plan.
The Components of a small area plan include:
• Land use guidelines
• Appearance guidelines
• An expanded multi-modal transportation network
• Infrastructure improvements
• Community development strategies
The workshop included a presentation describing the community and introduced tools
and concepts for use during the workshop. Attendees divided into three teams desig-
nated A, B, and C. Two members of the DAD Urban Design Assistance Team were at each
team table to facilitate the work and provide design assistance for visualizing the team
members' ideas.
The workshop included two design sessions at which each team developed ideas. These
ideas included a new road and trail network, suggestions for types of development in
specific areas of the community, and plans for preservation of Rogers Road's unique
cultural heritage. After each of the design sessions, each team shared its ideas with the
group. This process allowed ideas to become the property of each team as it molded its
conceptual plan of future development in the Rogers Road community. The individual
plans developed by each team are included in Figure 8 on page 16.
21
From the analysis of the different schemes developed at the design workshop, the
Urban Design Assistance Team proposed a plan for both land use and open space
as well as written recommendations. This work was presented to the task force and
workshop attendees at a meeting on July 31, 2008, at which time the findings and the
proposed land use plan were presented for discussion and approval. The final land use
plan (Figure 9) and recommendations are presented in the next section.
Team 1
Team 3
16
Team 2
Areas of Commonality
1 Connection north to Eubanks Road
2 Connection across the railroad track on Weaver Dairy Extension using Purefoy
Road
3 Two plans and possibly the third show an east -west road to the north of
Purefoy, connecting to Rogers Road
4 Cross -roads at the center of the area to become a community center with
mixed -use development; might include a community center /library
5 School near the center of the area
6 Buffer on the north side of study area to shield the area from the landfill site
7 The historic house is retained in all plans and made part of the proposed
Church complex
8 Greater density of development to lessen the individual cost of sewer; at the
same time, areas near Rogers Road and along the north side of area seen as
less dense to retain the current feel of the area
9 Farmers' market and community gardens
10 The community needs to write a cultural history and create a plan to preserve
its cultural heritage
Land Use Master Plan
Once the community design workshop was com-
pleted, the Durham Area Design Group merged
key concepts from the plans of each team
into a composite Land Use Master Plan
(Figure 9). The Master Plan and associated
road network is meant to be conceptual
in nature. If this report is adopted as a
component of Chapel Hill's Comprehensive
Plan, this land use plan would serve as a
guide for Chapel Hill and Joint Planning
Area Land Use Map amendments. Figure
10 is the Task Force's Land Use Plan in a
format prepared by Town staff.
The Rogers Road Master Plan also
suggests potential alignments for new
roads recommended by the Task Force.
Figure 11 "Conceptual Street Network with
Existing Streets" is meant to be concep-
tual in nature. It is intended to be viewed
as a guide for future development rather
than definitive alignments endorsed by the
Task Force. The Task Force believes that
any new development should adhere to
principles of connectivity and utilize a grid
street pattern in more densely developed areas.
a � p
0'
=WTIe ,
0
'a!�i riil�l
23
ROGERS ROAD
DESIGN
ASSISTANCE
TEAM
\X
Lm
FA
SMALL PLAN
WORKSHOP
OCTOBER, 200E
MEMDED MASTER PLATY
LAND USE
Figure 9 - Composite Land Use Plan prepared by the Durham Area
Designers
24
Mil
eene Tract Concept Plan
0 ON
�• ■ (]111111,,111 1
��/ j •• � ■ : 1111111 �IIIIII11�1
hapel Hill Urban
�r� ■ II��� iii � ` _.. -. � .. . NII
Figure 10 - Recommended Land Use
Figure 11- Conceptual Street Network with Existing Streets
26
Transportation and Infrastructure
- Bus service should be provided to the existing community and bus service should be extended as the community develops.
- Improve transportation access through all modes (vehicles, bicycle and pedestrian, transit).
- New points of ingress and egress to the community should be established.
- A road should be built that connects the neighborhood to Weaver Dairy Rd.
- Water and sanitary sewer mains should be exteneded to the community.
- The Towns of Chapel Hill, Carrboro, Hillsborough, and Orange County should collaborate to identify and secure funds to be used for financing the entire cost of OWASA water and
sewer connections for individual homes within the Historic Rogers- Eubanks community as part of the compensation for the 37 years of hosting the Orange County Landfill and other
solid waste facilities. Attachment 1 provides a list of available funding sources at the state and federal levels.
Open Space and Recreation
- Active recreation opportunities need to be provided for the Rogers Road community.
- Passive recreation opportunities such as trails should be constructed on the 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 community, explicit facility sharing relationships should be established prior to construction.
Design and Land Use
- The Recommended Master Plan on page 17 should become the basis for a future land use plan amendment for the Rogers Road area.
- The Town should take the lead in initiating intergovernmental land use discussions (as required by the Joint Planning Agreement) by articulating a new vision for growth in the
area.
- New development should be compact and offer a range of housing types. This will 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 for new development should reflect the Task Force's desire to have a front porch community where life meets the street. Houses should be built
close to sidewalks.
- The Task Force desires that the currently developed areas near Rogers Road and the peripheries of the study area maintain their current densities. This would allow this part of the
community to maintain its rural feel.
27
Design and Land Use
- New roads near the neighborhood core should have curb and gutter.
- A maximum building height of 45' is recommended to maintain the community's character.
Community Preservation
- The two remaining historic buildings in the study area should be preserved and integrated into future community facilities.
- The Town should explore options similar to the Homestead Exemption that would enable current property owners, particularly long -time
residents, Habitat residents, and descendants of the Historic Community, to retain ownership of their property.
- Local governments should collaborate with the community to develop strategies that help 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 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 should collaborate to find innovative ways to rehabilitate declining residential properties in the area.
- Local governments with jurisdiction 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 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.
Implementation
The Rogers Road Task Force developed a long -range vision for future land uses and
desirable community enhancements. The proposed Rogers Road Small Area Plan
Implementation Plan supports the Task Force vision and addresses the related social,
economic, and environmental issues that affect the Rogers Road Community. Because
of Joint Planning Jurisdiction, collaboration between the Towns of Chapel Hill and
Carrboro, along with Orange County, will be necessary to implement many of the
Task Force recommendations. Outlined below are a series of implementation actions
and preliminary implementation schedule intended to achieve the recommendations
of the Task Force. Figure 12 on pages 24 -25 is a proposed implementation schedule.
.l
='" ,�,►ra?= ��.' ���i9LA�1 'L•.:a::sni✓an�4n'�.�.'-�� "� _y'T..a::�r�:ai:�
The Task Force suggested that this log cabin, located in the Rogers Road Study Area, could be a focal
point for a Community Garden or a Farmers Market in the future.
A: Task Force to provide the Rogers Road Task Force Report to the Town Council
with a request that the report be adopted as a component of the Town's
Comprehensive Plan and with an associated amendment to the Chapel Hill
Land Use Plan.
B: Town Council to initiate the Joint Planning process to amend the Joint Land
Use Plan.
C: Establish a work group of elected officials and appointed staff from each
jurisdiction and OWASA to identify responsibilities that Chapel Hill, Carrboro,
Orange County, and OWASA would need to assume to implement the Rogers
Road Small Area Plan vision.
C,: Work group to develop a utility funding and phasing plan for water
and sewer connections for review by the three local governments.
Cz: Work group to identify transportation and traffic calming projects
and funding options consistent with the recommendations of the
Rogers Road Small Area Plan.
C3: Review Greene Tract agreement and related Concept Plan to
incorporate the recommendations of the Rogers Road Small Area Plan
D: Town Council to ask the Chapel Hill - Carrboro City Schools to determine the
facility needs to construct an elementary school in the Greene Tract.
E: Town Council to ask the Greenways Commission to prepare an update of the
Chapel Hill Greenways Master Plan to reflect the trail system proposed by
the Task Force, for Council consideration.
F: Town staff to develop an annexation strategy for the Rogers Road area
reflecting the final water and sewer implementation plan (developed
by work group established through C) and the provision of additional
Town services. This strategy should include land loss prevention measures
intended to keep existing residents in their homes.
29
Implementation
Town staff to facilitate dialogue about annexation with the residents
through the work group established in action C.
G: Town Council to establish a Community Preservation Steering Committee to
assess the feasibility of restoring the historically significant buildings of the
Rogers Road study area, preserving the cemetery, and addressing other
issues of historical significance.
The Town staff to host a development information workshop at which town
staff, developers, and property owners could discuss market trends and
potential development options.
The Town staff to work with residents to identify appropriate sites for a
community garden project in the Rogers Road area.
The Town should explore options similar to the Homestead Exemption that would
enable current property owners, particularly long -time residents, Habitat
residents, and descendants of the Historic Community, to retain ownership of
their property.
24
Chapel Hill Activities Jan Feb Mar Apr May
Jun Jul
Aug
Sep
Oct
Nov
Dec
Council receives and refers
Rogers road Report to Chapel Hill
Advisory Boards fore review
-Adopt Task Force Report as component
of Comprehensive Plan .
-Amend Chapel Hill Land Use Plan
Initiate discussions with Chapel Hill- •
Carrboro City Schools with regard to
proposed school site on the Greene Tract.
Town to assist in establishment of a .
preservation steering committee
Work with Greenways Commission to •
update Greenways Masterplan
Develop annexation stategy that
incorporates land loss prevention
•
strategies
Rogers Road development work
group
The Town should explore options that
would help current property owners,
particularly long-time residents, Habitat .
residents, and descendants of the Historic
Community preserve their property.
24
25
11'
Joint Planning Activities
Jan
Feb
Mar
Apr
May
Jun Jul
Aug
Sep
Oct
Nov
Dec
Refer Rogefs Road Task Force Report to
Orange County, Carrboro, OWASA, and
Chapel Hill - Carrboro City Schools
Amend Joint -Land Use Plan
Assembly of Governments Meetings
•
Establish local government work group
•
Develop funding and phasing plan for
water and sewer service
Identify transportation and traffic
calming projects
25
Acknowledaements
Town of Chapel Hill Planning Staff
J.B. Culpepper- Director
David Bonk - Long Range and Transportation Planning Manager
Garrett Davis - Long Range Planner
Scott Simmons - Graphics Specialist
Orange Water and Sewer Authority
Ed Holland - Director of Planning
Joe Leo - Engineering Technician
Orange County
Craig Benedict - Director
Perdita Holtz - Planning Systems Coordinator / Planner III
Town of Carrboro
Roy Williford - Director
32
SpW H ❑R
NC Water, Wastewater and Stormwater Funding Sources
Compiled by UNC EFC
June 2008
Attachment 1
Organization
Program
Purpose or Use of Funds
Application Dates
Website
Contact
North Carolina
Gloria Nance -Sims, Director
Department of
Community Development
To improve housing and economic
Typically, spring through
htommunw.nccommerce.com /en/
gnance- sims @nccommerce.com
Commerce, Division of
Block Grants (CDBG)
development for low and moderate
the year's end.
CommunitySe vices/
919 733 -2850; 919 733 -5262 (fax)
Community Assistance
(HUD funds)
income communities
4313 Mail Service Center
(DCA)
Raleigh, NC 27699
Roger Davis, Program Director
Water and Wastewater Loans
Funds are for eligible community
Applications received
www.rurdev.usda.gov/
roger.davis @nc.usda.gov
and Grants
water, sewer, storm sewer, and
year round.
nc /wwd.htm
(919) 873 -2061
solid waste projects.
4405 Bland Road
Raleigh, NC 27609
These grants may be available to
Roger Davis, Program Director
Emergency Community Water
eligible rural communities in event
Contact NC State office.
� .usda.gov/
roger.davis @nc.usda.gov
Assistance Grants
of natural disaster or other acts
Applications received
/w
nc/wwd.htm htm
(919) 873 -2061
that cause significant damage to a
year round.
4405 Bland Road
water or sewer system.
Raleigh, NC 27609
USDA Rural Development
Very Low - Income Housing
504 REPAIR LOANS AND
Mel Ellis, NC Program Director
Repair Loans and Grants
GRANTS - Single Family Housing
Contact a local USDA
www.rurdev.usda.gov /nc/
mel.ellis @nc.usda.gov
(Section 504)
makes loans and grants to provide
Rural Development
504rep.htm
(919) 873 -2060
rural residents with safe and
Office.
Area contacts listed atwww.rurdev.usda.gov/nc/do-
affordable homes.
list.htm
Roger Davis, Program Director
Water and Wastewater Loans
Funds are for eligible community
Applications received
www.rurdev.usda.gov/
roger.davis @nc.usda.gov
and Grants
water, sewer, storm sewer, and
year round.
nc /wwd.htm
(919) 873 -2061
solid waste projects.
4405 Bland Road
Raleigh, NC 27609
Philip Trader
Economic Development
ptrader @eda.doc.gov
Administration,
Public Works and
These grants support projects that
Proposals are accepted
(404) 730 -3017
Department of
Development Facilities Grant
promote economic development in
on a continuing basis.
ww. eda.gov
Economic Development Administration
Commerce
Program
economically distressed areas.
401 West Peachtree Street NW
Suite 1820
Atlanta, GA, 30308 -3510
Sid Harrell
Planning, designing, and
sid.harrell @ncmail.net
INC Division of
Public Water Supply Section -
construction for the purpose of
DWSRF application
www .deh.enr.state.nc.us /pws /srf/i
(919) 715 -3216
Environmental Health
Drinking ater SRF Loan
g
upgrading, expanding, extending,
g'
is September 30
p
ndexhtm
Public Water Su Section
Program
rehabilitating or consolidating
each year.
.
Division of Environmental Health 1634 Mail
water systems.
Service Center
Raleigh, NC 27699 -1634
Grants fund projects to protect
Beth McGee, Deputy Director
and restore surface water quality,
beth.mcgee @cwmtf.net
Clean Water
such as stormwater management,
Application deadline is
(919) 716 -0055
Management Trust
stream restoration, wetland
March 1 each year.
� cwmff.net
Clean Water Management
Fund (CWMTF) Grants
acquisition, and improvements or
Trust Fund
repairs to wastewater treatment
1651 Mail Service Center
systems.
Raleigh, NC 27699 -1651
ulvca •,... t• r•a w
ww.efcu —l. Information c it lel bVH6Anvimnmenta1 Finance Center in € o- 2007. Please contact program man3ya Ether, up- to -tlate information.
NC Water, Wastewater and Stormwater Funding Sources
Compiled by UNC EFC
June 2008
Attaa*nent 1
Organization
Program
Purpose or Use of Funds
Application Dates
Webs ite
Contact
Daniel Blaisdell, Chief
Applicants must be
daniel.blaisdell @ncmail.net
North Carolina
Clean Water State Revolving
The CWSRF program is available
scheduled on Priority
www.nccgl.nettfap /cwsrf/
(919) 715 -6211
Construction Grants
Fund
to fund a wide variety of water
Funding List before
ndex.html
DENR Construction Grants
and Loans Section
quality projects.
March 31 st.
and Loans Section
1633 Mail Service Center
Raleigh, NC 27399 -1633
ARC offers Community
Olivia Collier, Appalachian Program Manager
Development Supplemental
Contact your state ARC
ocollier @nccommerce.com
Appalachian Regional
Supplements to Other Federal
Grants for water projects in the
program manager for
www.arc.gov
(919) 733 -2853 ext. 252
Commission (ARC)
Grants
designated Appalachian regions in
more information.
Appalachian Regional Commission Grant Program
13 eastern states.
1307 Glenwood Avenue
Raleigh, NC 27699 -4313
The Rural Center administers
Julie Haigler Cubeta, Senior Director, Physical
grant programs to help rural
Application deadlines are
Infrastructure Office
Supplemental Grants
communities develop the water
5:00 p.m. on the last
www.ncruralcenter.org/
jhaiglercubeta @ncruralcenter.org
Program, Capacity Building
and sewer systems they need to
business days of March
grants /water.htm
(919) 250 -4314, (919) 250 -4325 (fax)
Grants Program
support local economic growth
and September.
N.C. Rural Economic Development Center
and ensure a reliable supply of
4021 Carya Drive
clean water.
Raleigh, NC 27610
INC Rural Economic
Development Center
Julie Haigler Cubeta, Senior Director, Physical
Grant funds are used to generate
Infrastructure Office
Economic Infrastructure
new jobs in rural or urban,
Pre- applications taken on
ter.org/
wwastruc
jhaiglercubeta @ncruralcenter.org
Grants
economically distressed
a rolling basis.
ure/
infrastructure/
(919) 250 -4314, (919) 250 -4325 (fax)
communities through water and
N.C. Rural Economic Development Center
wastewater improvement projects.
4021 Carya Drive
Raleigh, NC 27610
Section 319 funds support
Kim Nimmer, Grant Program Coordinator
projects designed to reduce
mail.net
nonpoint source distribution. The
Proposals will be
(919) 733 -5083 ext. 582
(919) 33-5 83 ext.
Clean Water Act Section
NC Division seeks Base Funded
accepted for about three
http://h2o.enr.state.nc.us /nps/
Water Quality Section
319(h) Grants
Proposals (funding for education
months beginning in
Section_319_G rant _Program.
Division of Water Quality
and demonstration of innovative
November 2007.
Htm
NC
best management practices) and
Box
P.O. Box
Incremental Funded Proposals
.
Raleigh, NC C 2 27 7626 -0535
(water quality restoration funding).
North Carolina Division of
Water Quality
Grant program was established to
Heather Boyette
Section 319 Nonpoint Source
provide funding for efforts to curb
Applications accepted
http: / /h2o.enr.state.nc.us /nps /Sec
heather.boyette @ncmail.net
Grant Program
nonpoint source (NPS) pollution,
between February 13 and
tion_319_Grant_Program.htm
919- 733 -5083, ext. 357
including that which occurs though
May 15, the year prior.
512 West Salisbury Street
stormwater runoff
Raleigh, NC 27604
Shelly Miller
North Carolina Division
To reduce the input of nonpoint
shelly.miller @ncmail.net
of Soil and Water
Community Conservation
source pollution through best
http: / /www.enr.state.nc.us /dswc /p
919- 715 -6107
Conservation
Assistance Program
management practices
ages /ccap_program.html
Division of Soil and Water Conservation
1614 Mail Service Center
Raleigh, NC 27699 -1614
1 12 UNC
•n re�.iwnrrcec[.rrca ww n imam se c m t date infurmauun.
w.efc.0 c.edu Information compiled b1Nfie Env' ental Finance Center in &cojrpr 2007. Plea ontact program an3a�erfurcher, up- o-
35
ATTACHMENT 2
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36
ATTACHMENT 4 -c
ORANGE COUNTY
COPN BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: Marc
Action Agenda
Item No. 7 -d
SUBJECT: Proposal to Move Toward A Franchise to Privatize Curbside Solid Waste and
Recycling Services in Unincorporated Area of Orange County
DEPARTMENT: Solid Waste /Recycling PUBLIC HEARING: (Y /N) No
ATTACHMENT(S):
1) General Statutes 153A -136 Regulations
of Solid Waste
2) General Statutes 160A -327
Displacement of Private Solid Waste
Collection Services
INFORMATION CONTACT:
Frank Clifton, 245 -2300
Gayle Wilson, 968 -2885
John Roberts, 245 -2318
Michael Talbert, 245 -2308
PURPOSE: To discuss a proposal to move toward a county -wide franchise agreement that
would privatize curbside Solid Waste and Recycling Services in the unincorporated areas of
Orange County.
BACKGROUND: The Solid Waste Mission Statement is to operate public facilities receiving
and processing various types of Municipal Solid Waste and Construction and Demolition Waste
in such a way as to provide a high quality, reliable, cost effective environmental safe
containment of these wastes ensuring the protection of the environment, health and safety of
the citizens of Orange County.
The BOCC has authorized a major modernization /upgrade of the Walnut Grove Solid Waste
Convenience Center as a first step in eventual improvements to all five solid waste convenience
centers. These improvements conceive creating two centrally located District Centers (Walnut
Grove and Eubanks) which would have extended hours of operation and a wide range of
services to include Household Hazardous Waste, expanded salvage sheds, food waste /cooking
oil recycling and various other new and improved recycling opportunities. The other three
Neighborhood Centers would have slightly reduced hours of operation and more limited
services. All would utilize compaction for more efficient hauling and be paved for a more
sanitary and aesthetic resident experience with more user friendly and safer waste /recycling
receptacles.
The Orange County Municipal Solid Waste Landfill, located on Eubanks Road, will close on
June 30, 2013. The Construction and Demolition landfill will continue to operate for the next 17
to 18 years. White goods, scrap tires, scrap metal, mattresses, and yard waste will become part
of the recycling division beginning July 1, 2013. These significant changes in the operation of
37
the Solid Waste, and recent North Carolina court decisions limiting County authority, caused
Orange County to investigate curbside Solid Waste alternatives.
Curbside household solid waste collections in the unincorporated areas of the County are
provided by private haulers (without a franchise agreement). The Towns collect household solid
waste within their town limits. Curbside recycling, provided by the County, is limited to 13,730
households in the unincorporated area of the County. A rural curbside recycling fee is charged
to those households where recycling services are made available. An urban curbside recycling
fee is charged to Chapel Hill, Carrboro and Hillsborough residents by the County for urban
curbside recycling services.
North Carolina General Statute's 153A -136 (Attachment 1) Regulation of Solid Waste, gives
Counties the authority to grant a franchise for the exclusive right to collect or dispose of solid
waste within all or a defined portion of the county and prohibit others from collecting or
disposing of solid wastes in that area. The County is exploring a franchise agreement process
for the unincorporated areas of the County which would include the privatization of curbside
household solid waste and recycling. The County may by resolution permit a Solid Waste
Ordinance to be adopted by the Towns and applicable within the Town limits. The Towns may
negotiate a fee schedule that differs from the fees established by the County for privatized
curbside solid waste or recycling services.
North Carolina General Statute's 160A -327 (Attachment 2) provides that a unit of local
government may displace a private company that is providing collection services for household
solid waste or recovered material. The County will follow the procedure outlined in GS 160A-
327. The earliest possible date for the Board to hold a hearing to consider implementing
provisions of the statue is April 23, 2013.
An anticipated timeline, if Orange County moves toward the Franchise of Curbside Solid Waste
and Recycling Services in Unincorporated Area of Orange County is:
• March 15, 2013 — Notice to existing private solid waste collection services of the April 23,
2013 meeting to discuss Franchise Agreement and displacement of private solid waste
collection services
• April 23, 2013 Public Hearing to discuss Franchise Agreement and displacement of
private solid waste collection services implementing the 15 month public notice
requirement
• April 23, 2013 — June 15, 2013 Create Request for Proposals (RFP) - Franchise
Agreement
• June 15, 2013 — August 15, 2013 RFP available for vendors to responses
• August 15, 2013 — September 30, 2013 Staff evaluation of proposals and negotiations
with vendors
• October 8, 2013 Work Session discussion of Franchise Agreement
• November 5, 2013 Public Hearing to consider Franchise Agreement
• November 19, 2013 Board Approval of Franchise Agreement
• July 1, 2014 — December 31, 2015 - Phased Implementation of Franchise Agreement
FINANCIAL IMPACT: There is no financial impact to the County in discussing this proposal to
move toward a county -wide franchise agreement for privatized curbside Solid Waste and
Recycling Services in the unincorporated areas of Orange County.
RECOMMENDATION(S): The Manager recommends that the Board approve the scheduling of
a public hearing to discuss a proposal to move toward a county -wide Franchise agreement for
curbside Solid Waste and Recycling Services in the unincorporated areas of Orange County for
April 23, 2013 and direct staff to proceed with the various steps required in NC General
Statutes.
NOTE: There are several elements to this process that will require coordination with Town
governments, the existing recycling contractor, existing private waste collection in rural Orange
County and others. If the process ends in a decision to move forward to `privatize ` curbside
collection services, the existing fees charged by the County for these services will be eliminated
and residents will voluntarily participate in curbside solid waste and recycling services provided
by a private contractor on an individual fee basis established via the franchise agreement
process.
GS_153A -136
§ 153A -136. Regulation of solid wastes.
39
Page 1 of 2
(a) A county may by ordinance regulate the storage, collection, transportation, use, disposal, and
other disposition of solid wastes. Such an ordinance may:
(1) Regulate the activities of persons, firms, and corporations, both public and private.
(2) Require each person wishing to commercially collect or dispose of solid wastes to
secure a license from the county and prohibit any person from commercially
collecting or disposing of solid wastes without a license. A fee may be charged for a
license.
(3) Grant a franchise to one or more persons for the exclusive right to commercially
collect or dispose of solid wastes within all or a defined portion of the county and
prohibit any other person from commercially collecting or disposing of solid wastes
in that area. The board of commissioners may set the terms of any franchise, except
that no franchise may be granted for a period exceeding 30 years, nor may any
franchise by its terms impair the authority of the board of commissioners to regulate
fees as authorized by this section.
(4) Regulate the fees, if any, that may be charged by licensed or franchised persons for
collecting or disposing of solid wastes.
(5) Require the source separation of materials prior to collection of solid waste for
disposal.
(6) Require participation in a recycling program by requiring separation of designated
materials by the owner or occupant of the property prior to disposal. An owner of
recovered materials as defined by G.S. 130A- 290(a)(24) retains ownership of the
recovered materials until the owner conveys, sells, donates, or otherwise transfers the
recovered materials to a person, firm, company, corporation, or unit of local
government. A county may not require an owner to convey, sell, donate, or otherwise
transfer recovered materials to the county or its designee. If an owner places
recovered materials in receptacles or delivers recovered materials to specific
locations, receptacles, and facilities that are owned or operated by the county or its
designee, then ownership of these materials is transferred to the county or its
designee.
(6a) Regulate the illegal disposal of solid waste, including littering on public and private
property, provide for enforcement by civil penalties as well as other remedies, and
provide that such regulations may be enforced by county employees specially
appointed as environmental enforcement officers.
(7) Include any other proper matter.
(b) Any ordinance adopted pursuant to this section shall be consistent with and supplementary to
any rules adopted by the Commission for Public Health or the Department of Environment and Natural
Resources.
(c) The board of commissioners of a county shall consider alternative sites and socioeconomic
and demographic data and shall hold a public hearing prior to selecting or approving a site for a new
sanitary landfill that receives residential solid waste that is located within one mile of an existing
sanitary landfill within the State. The distance between an existing and a proposed site shall be
determined by measurement between the closest points on the outer boundary of each site. The
definitions set out in G.S. 130A -290 apply to this subsection. As used in this subsection:
(1) "Approving a site" refers to prior approval of a site under G.S. 130A- 294(a)(4).
(2) "Existing sanitary landfill" means a sanitary landfill that is in operation or that has
been in operation within the five —year period immediately prior to the date on which
an application for a permit is submitted.
(3) "New sanitary landfill" means a sanitary landfill that includes areas not within the
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GS 153A -136
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legal description of an existing sanitary landfill as set out in the permit for the existing
sanitary landfill.
(4) "Socioeconomic and demographic data" means the most recent socioeconomic and
demographic data compiled by the United States Bureau of the Census and any
additional socioeconomic and demographic data submitted at the public hearing.
(d) As used in this section, "solid waste" means nonhazardous solid waste, that is, solid waste as
defined in G.S. 130A -290 but not including hazardous waste.
(e) A county that has planning jurisdiction over any portion of the site of a sanitary landfill may
employ a local government landfill liaison. No person who is responsible for any aspect of the
management or operation of the landfill may serve as a local government landfill liaison. A local
government landfill liaison shall have a right to enter public or private lands on which the landfill
facility is located at reasonable times to inspect the landfill operation in order to:
(1) Ensure that the facility meets all local requirements.
(2) Identify and notify the Department of suspected violations of applicable federal or
State laws, regulations, or rules.
(3) Identify and notify the Department of potentially hazardous conditions at the facility.
(f) Entry pursuant to subsection (e) of this section shall not constitute a trespass or taking of
property. (1955, c. 1050; 1957, cc. 120, 376; 1961, c. 40; c. 514, s. 1, cc. 711, 803; c.
806, s. 1; 1965, c. 452; 1967, cc. 34, 90; c. 183, s. 1; cc. 304, 339; c. 495, s. 4; 1969,
cc. 79, 155, 176; c. 234, s. 1; c. 452; c. 1003, s. 4; 1973, c. 476, s. 128; c. 822, S. 1;
1989 (Reg. Sess., 1990), c. 1009, s. 1; 1991 (Reg. Sess., 1992), c. 1013, s. 1; 1993, c.
165, s. 1; 1997 -443, s. 11A.123; 2001 -512
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Chapter 160a Page 1 of 3
160A -327. Displacement of private solid waste collection services.
(a) A unit of local government shall not displace a private company that is providing collection
services for municipal solid waste or recovered materials, or both, except as provided for in this section.
(b) Before a local government may displace a private company that is providing collection
services for municipal solid waste or recovered materials, or both, the unit of local government shall
publish notice of the first meeting where the proposed change in solid waste collection service will be
discussed. Notice shall be published once a week for at least four consecutive weeks in at least one
newspaper of general circulation in the area in which the unit of local government and the proposed
displacement area are located. The first public notice shall be given no less than 30 days but no more
than 60 days prior to the displacement issue being placed on the agenda for discussion or action at an
official meeting of the governing body of the unit of local government. The notice shall specify the date
and place of the meeting, the geographic location in which solid waste collection services are proposed
to be changed, and the types of solid waste collection services that may be affected. In addition, the unit
of local government shall send written notice by certified mail, return receipt requested, to all companies
that have filed notice with the unit of local government clerk pursuant to the provisions of subsection (f)
of this section. The unit of local government shall deposit notice in the U.S. mail at least 30 days prior to
the displacement issues being placed on the agenda for discussion or action at an official meeting of the
governing body of the unit of local government.
(c) Following the public notice required by subsection (b) of this section, but in no event later
than six months after the date of the first meeting pursuant to subsection (b) of this section, the unit of
local government may proceed to take formal action to displace a private company. The unit of local
government or other public or private entity selected by the unit of local government may not commence
the actual provision of these services for a period of 15 months from the date of the first publication of
notice, unless the unit of local government provides compensation to the displaced private company as
follows:
(1) Subject to subdivision (3) of this subsection, if the private company has provided
collection services in the displacement area prior to announcement of the
displacement action, the unit of local government shall provide compensation to the
displaced private company in an amount equal to the total gross revenues for
collection services provided in the displacement area for the six months prior to the
first publication of notice required under subsection (b) of this section.
(2) Subject to subdivision (3) of this subsection, if the displaced private company has
provided collection services in the displacement area for less than six months prior to
the first publication of notice required under subsection (b) of this section, the unit of
local government shall provide compensation to the displaced private company in an
amount equal to the total gross revenues for the period of time that the private
company provided such services in the displacement area.
(3) If the displaced private company purchased an existing operation of another private
company providing such services, compensation shall be for six months based on the
monthly average total gross revenues for three months the immediate preceding the
first publication of notice required under subsection (b) of this section.
(d) If the local government elects to provide compensation pursuant to subsection (c) of this
section, the amount due from the unit of local government to the displaced company shall be paid as
follows: one -third of the compensation to be paid within 30 days of the displacement and the balance
paid in six equal monthly installments during the next succeeding six months.
(e) If the unit of local government fails to change the provision of solid waste services as
described in the notices required under subsection (b) of this section within six months of the date of the
first meeting pursuant to subsection (b) of this section, the unit of local government shall not take action
to displace without complying again with the provisions of subsection (b) of this section.
(f) Notice of the provision of solid waste collection service shall be filed with the unit of local
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Chapter 160a Page 2 of 3
government clerk of all cities and counties located in the private company's collection area or within
five miles thereof.
(g) This section shall not apply when a private company is displaced as the result of an
annexation under Article 4A of Chapter 160A of the General Statutes or an annexation by an act of the
General Assembly. The provisions of G.S. 160A -37.3, 160 -49.3, or 160A -324 shall apply.
(h) If a unit of local government intends to provide compensation under subsection (c) of this
section to a private company that has given notice under subsection (f) of this section, the private
company shall make available to the unit of local government not later than 30 days following a written
request of the unit of local government, sent by certified mail, return receipt requested, all information in
its possession or control, including operational, financial, and budgetary information necessary for the
unit of local government to determine if the private company qualifies for compensation. The private
company forfeits its rights under this section if it fails to make a good faith response within 30 days
following receipt of the written request for information from the unit of local government provided that
the unit of local government's written request so states by specific reference to this section.
(i) Nothing in this section shall affect the authority of a city or county to establish recycling
service where recycling service is not currently being offered.
(j) As used in this section, the following terms mean:
(1) Collection. - The gathering of municipal solid waste, recovered materials, or
recyclables from residential, commercial, industrial, governmental, or institutional
customers and transporting it to a sanitary landfill or other disposal facility.
Collection does not include transport from a transfer station or processing point to a
disposal facility.
(2) Displacement. - Any formal action by a unit of local government that prohibits a
private company from providing all or a portion of the collection services for
municipal solid waste, recovered materials, or recyclables that the company is
providing in the affected area at least 90 days prior to the date of the first publication
of notice required by subsection (b) of this section. Displacement also means an
action by a unit of local government to use an availability fee, nonoptional fee, or
taxes to fund competing collection services for municipal solid waste, recovered
materials, or recyclables that the private company is providing in the affected areas at
least 90 days prior to the date of the first publication of notice required under
subsection (b) of this section is given. Displacement does not include any of the
following actions:
a. Failure to renew a franchise agreement or contract with a private company.
b. Taking action that results in a change in solid waste collection services
because the private company's operations present an imminent and substantial
threat to human health or safety or are causing a substantial public nuisance.
C. Taking action that results in a change in solid waste collection services
because the private company has materially breached its franchise agreement
or the terms of a contract with the local government, or the company has
notified the local government that it no longer intends to honor the terms of
the franchise agreement or contract. Notice of breach must be delivered in
writing, delivered by certified mail to the firm in question with 30 days to cure
the violation of the contract.
d. Terminating an existing contract or franchise in accordance with the
provisions of the contract or franchise agreement.
e. Providing temporary collection services under a declared state of emergency.
f. Taking action that results in a change in solid waste collection services due to
the existing providers' felony conviction of a violation in the State of federal
or State law governing the solid waste collection or disposal.
g. Contracting with a private company to continue its existing services or
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Chapter 160a
43
Page 3 of 3
provide a different level of service at a negotiated price on terms agreeable to the
parties.
(3) Municipal solid waste. - As defined in G.S. 130A- 290(18a).
(4) Unit of local government - A county, municipality, authority, or political
subdivision that is authorized by law to provide for collection of solid waste or
recovered materials, or both. (2006 -193, s. 4.)
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ATTACHMENT 7 -a
Memorandum
To: Chair and Orange County Board of Commissioners
Mayor and Town Council of Chapel Hill
From: Frank Clifton, County Manager
Roger Stancil, Town Manager
Lucinda Munger, OCPL Director
Mark Bayles, Interim CHPL Director
Subject: Update on Interoperability
Attachment: November 8, 2012 BOCC Agenda Abstract — Report on Library
Interoperability (with Report and Signed Interoperability Agreement)
Date: 3/6/13
Introduction and Purpose
Following the Interoperability Update of October 2012, the library staff from
Orange County and Chapel Hill met to review the first four (4) short term
objectives. Based on the evaluations, staff provides the following updates:
Short Term Objectives
1) Policy Alignment
a. Currently, OCPL and CHPL are aligned on the following policies /
rules and procedures:
i. Kindle Use Procedure
ii. Rules of Conduct and Courtesy
iii. Safe Child Policy
2) Program Collaboration
a. Youth Services staff from OCPL and CHPL blocked booked at least
one summer reading performer for 2013.
3) Staff Development
a. CHPL and OCPL are sharing possible training and collaborations.
ie) Vermont Systems for room reservations and Dispute Settlement
Of Chapel Hill for Staff Development
4) Statistical Reporting
a. Currently collaborating on OCPL ILS setup of Innovative system in
order to provide aligned metrics for our population.
COP ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 8, 2012
Action Agenda
Item No. 5 -i
SUBJECT: Report on Library Interoperability
45
DEPARTMENT: Library Services PUBLIC HEARING: (Y /N) No
ATTACHMENT(S):
Cover Memorandum with:
• Report
• Copy of Signed Interoperability
Agreement Regarding Library
Services between Orange County
and Chapel Hill
INFORMATION CONTACT:
Lucinda Munger, 919 - 245 -2528
PURPOSE: To receive the Library Interoperability Report from the Town and County Managers
and Library Staff for Orange County and the Town of Chapel Hill, and authorize staff to proceed
with implementation of the first four (4) short term objectives.
BACKGROUND: In 2012, the Orange County and the Town of Chapel Hill entered into an
Interlocal Agreement for Library Services (attached). A condition of this agreement (Section 3)
is a report to the two governing boards by County and Town Managers and Library Staff
regarding appropriate methods for interoperability between the Orange County Library System
and the Town of Chapel Hill Library. The attached memo and report outline the short term
objectives and process for attaining preliminary steps toward interoperability.
As part of the agreement, the 2013 -14 County contribution to Chapel Hill for Library Services is
scheduled to be 27% of total County Library System operational costs, an increase of 3% over
the FY2012 -13 of 24 %. If total library expenses remain the same at $1,705,183, then 27%
would reflect a contribution of $460,399.
FINANCIAL IMPACT: There are no financial impacts associated with receiving the report and
no impacts with the recommended implementation of the first four (4) short term objectives.
RECOMMENDATION(S): The Manager recommends that the Board:
1) Receive the report;
2) Authorize staff to proceed with implementation of the first four (4) short term objectives;
3) Plan to discuss the "Areas of Further Exploration" at the joint meeting between the Board
of Commissioners and Chapel Hill Town Council scheduled for March 2013; and
4) Request that the elected officials working group meet prior to the March joint meeting to
review progress and make recommendations.
M
Memorandum
To: Chair and Orange County Board of Commissioners
Mayor and Town Council of Chapel Hill
From: Frank Clifton, County Manager
Roger Stancil, Town Manager
Lucinda Munger, OCPL Director
Mark Bayles, Interim CHPL Director
Subject: Update on Interoperability
Attachments: A — Report
B — Interlocal Agreement - copy
Date: 10/24/12
Introduction and Purpose
In 2012, Orange County and the Town of Chapel Hill entered into an Interlocal
Agreement for Library Services (Attachment B). A condition of this agreement
(Section 3) is a report to the Boards by County and Town Managers and Library
Staff regarding appropriate methods for interoperability between the Orange
County Library System and the Town of Chapel Hill Library. As part of the
agreement, the 2013 -14 County contribution to Chapel Hill for Library Services is
scheduled to be 27% of total County Library System operational costs, an
increase of 3% over the FY2012 -13 of 24 %. If total library expenses remain the
same at $1,705,183, then 27% would reflect a contribution of $460,399.
Library staff from Orange County and Chapel Hill met earlier this fall to examine
current services and possible methods for promoting cooperative interlibrary
services. Based on these discussions, staff has identified and agreed on Two
(2) Primary Long Term Library Service Goals
1) Ease of Use for all Orange County residents and Chapel Hill
residents residing in Durham County
2) Access for all residents to library services
Based on these primary long term library goals, staff has identified Four (4) short -
term objectives that can be implemented within 12 months, with little to no
financial impact. (See Attachment A for detailed descriptions, including benefits)
11Page
47
Section 1
1)
Policy Alignment
2)
Program Collaboration
3)
Staff Development
4)
Statistical Reporting
Within this report, staff also identified Three (3) "Areas for Further Exploration ".
Section 2
1) Single Library Card
2) Shared Online Subscription Services
3) Exchange of Materials
Due to the financial impact, extensive collaboration and long term commitment
needed for these initiatives, they would require consultation with our mutual
vendor, Innovative Interfaces. In addition, they would require financial support
from both governing bodies during an annual budget cycle and formally defined
responsibilities as outlined through a mutually agreed upon amendment to the
interlocal agreement between both Boards.
Manager Recommendations
1) Authorize Managers to proceed with implementation of the first four (4)
short term objectives; and
2) Discuss "Areas of Further Exploration" at joint meeting between Orange
County and Town of Chapel Hill scheduled for March 2013.
2 1 P a g e
M
Attachment A
SECTION 1
The Library staff recommends the following mutually agreed upon short term objectives of cooperative
library services as appropriate for implementation within the next 12 months with little or no financial
impact.
1) POLICY ALIGNMENT
Library staff would work to align the policies regarding registration, borrowing materials and other library
services.
ACTIVITIES
• Collaboratively review existing policies and recommend changes for closer alignment between
systems
BENEFITS
• Promotes a consistent user experience for library patrons
2) PROGRAM COLLABORATION
Library staff would explore opportunities to collaborate on program planning and promotion.
ACTIVITIES
• Seek opportunities to book performers and programs at both library systems
• Reciprocally promote key library programs through digital signage and other publicity
• Evaluate opportunity to conduct a joint Community Reads program during the 2013 — 2014 fiscal
year
BENEFITS
• Maximizes investment in programming by offering programs at multiple locations
• Raises awareness among residents regarding library programs across the county
3) STAFF DEVELOPMENT
Library staff would schedule regular meetings and joint professional development.
ACTIVITIES
• Schedule regular meetings among library staff from both systems to discuss professional
experiences and best practices
• Collaborate on professional training opportunities
3 1 P a g e
W
BENEFITS
• Supports service alignment and program collaboration between libraries
• Raises staff awareness of library services across the county
• Maximizes investment in staff development
4) STATISTICAL REPORTING
Library staff would work to further align data collection and reporting practices.
The State Library of North Carolina requires each library in the state to provide annual statistical data,
compiling like usage data for review and analysis. Both Chapel Hill Public Library and Orange County
Public Library already provide this data annually.
ACTIVITIES
• Utilize the Land Records database as a common resource for analytics and metrics
• Provide evaluations using the common database to illustrate the distribution of library
registration and circulation activities based on patron residence ( such as patron count and
material circulation)
• Review additional types of regularly compiled statistics to identify additional areas in which
standardized statistical outputs would benefit service evaluation
BENEFITS
• Ensures consistency in the service measures reported by the library
• Provides foundational data for exploring potential future cooperative interlibrary services
4 1Pa,.
50
SECTION 2
The Library staff has identified the following areas of possible cooperative interlibrary services for the
future. Cooperative services presented in this section would require resources and personnel not
currently in place within the library systems.
Due to the financial impact, extensive collaboration and long term commitment needed for these
initiatives, they would require consultation with our mutual vendor, Innovative Interfaces. In addition,
they would require financial support from both governing bodies during an annual budget cycle and
formally defined responsibilities as outlined through a mutually agreed upon amendment to the interlocal
agreement between both Boards.
1) SINGLE LIBRARY CARD
The library systems would develop a process for joint issuance of cards. The library staff would regularly
exchange patron registration data so that library cards issued from either system would be accepted at all
library locations.
BENEFITS
• Library patrons would need only one library card to access library services across the county.
PRELIMINARY CONSIDERATIONS
• Subscriptions for Online Resources — Both library systems have purchased subscription resources
for their library patrons. Access to these resources is usually based on the patron library card
number, and subscription costs are determined by the library's service population and /or
number of registered patrons. As a result, the exchange of patron data may violate existing
service contracts or increase service costs.
• Duplicate Records — Many patrons are already registered at both library systems. An
implementation plan would need to consider the proper management of duplicate records.
LIMITATIONS
• Library patrons would still have to manage two separate library accounts. Patron requests,
borrowed items and fees would be reflected separately for each library system.
• Reciprocal card use would not be in real -time. Library staff would have to batch load records on
a regular basis, so new registrations at one library system would not be immediately reflected in
the other system's database.
5 1 P a g e
FINANCIAL IMPACTS
• Software costs associated with enabling the exchange of patron registration data.
• Personnel costs associated with importing and exporting data. Personnel costs would be
contingent upon the level of technical expertise required to perform this task and the frequency
with which data is exchanged.
• Sharing patron data has the potential to result in increased annual costs related to subscription
resources and /or ILS maintenance.
2) SHARED ONLINE SUBSCRIPTION RESOURCES
As indicated in option 1, both library systems maintain a collection of online resources for their library
patrons. If a single card is accepted at both library systems, there may be opportunities to negotiate
shared contracts for duplicated services.
BENEFITS
• Negotiating joint contracts for select online resource subscriptions may provide cost savings to
both library systems or eliminate duplicate costs.
PRELIMINARY CONSIDERATIONS
• Interlocal Agreement —Joint contract negotiation would require a well- defined interlocal
agreement regarding the terms access, continuation, maintenance and ownership, as well as
collaboration between the legal professionals representing each governing body.
LIMITATIONS
• Opportunities to negotiate shared contracts would have to be established separately for each
vendor, and may not be available for all resources.
FINANCIAL IMPACTS
• Further negotiations among governing bodies and resource vendors would be required in order
to determine financial impacts.
3) EXCHANGE OF MATERIALS
The library systems would regularly exchange books in order to fill patron requests for titles not owned by
the patron's home library.
Orange County Public Library currently provides a similar service to Carrboro libraries, including a courier
route 3 times weekly.
BENEFITS
• Library patrons that prefer to use only one library system would have access to additional
materials.
• Library patrons would have additional flexibility regarding the pickup location of requested
materials.
6
51
PRELIMINARY CONSIDERATIONS
• Scope —The costs and resources required for an exchange of materials depend on the desired
outcomes of the service. Considerations include staffing, eligible materials and frequency of
exchange.
LIMITATIONS
• Library patrons would still have to manage two separate library accounts. Patron requests,
borrowed items and fees would be reflected separately for each library system.
FINANCIAL IMPACTS
• Software costs associated with enabling the exchange of material requests. Software
requirements would be contingent upon the desired outcomes.
• Personnel costs associated with processing requested materials and providing courier services.
Personnel costs would be contingent upon the scope of the service.
• Maintenance costs associated with maintaining a courier vehicle.
7
52
53
Attachment B
INTERLOCAL AGREEMENT BY AND BETWEEN ORANGE COUNTY
AND THE TOWN OF CHAPEL HILL REGARDING
FUNDING OF THE CHAPEL HILL MUNICIPAL LIBRARY AND
IMPROVED INTEROPERABILITY OF LIBRARY SYSTEMS
THIS AGREEMENT, made and entered into this 2-Z day of
20L between the Tow of Chapel Hill, North Carolina, a North Carolina municipal
corporation, of Orange County, North Carolina (hereinafter referred to as the "Town ");
and Orange County, a body politic and political subdivision of the State of North
Carolina (hereinafter referred to as the "County "), for the joint and /or assigned
operations and funding responsibilities of the Chapel Hill Municipal Library (hereinafter
referred to as the "Municipal Library ").
WITNESSETH
WHEREAS, the County and Town are public bodies, politic and corporate, under
the laws of the State of North Carolina and are vested with the power and authority to
own and operate libraries for the benefit of the public pursuant to Article 14 of North
Carolina General Statutes Chapter 153A and are authorized by Article 20 of North
Carolina General Statutes Chapter 160A to enter Into this Interiocal Agreement
(hereinafter referred to as the "Agreement "); and
WHEREAS, the County operates a library system affording services to all
residents of Orange County and the Town operates its Municipal Library for the principal
benefit of Town residents, while also providing library services to residents of the
County beyond its corporate limits; and
WHEREAS, the County has historically provided financial support for the Town's
operation of the Municipal Library by way of an annual contribution, most recently a sum
of approximately $250,000.00 in FY2010 -11; and
WHEREAS, Orange County is committed to building and maintaining a robust
county library system for all County residents and to supporting library services at the
highest level feasible within its fiscal constraints; and
WHEREAS, the County and Town (hereinafter referred to jointly as the "Parties"}
acknowledge that Town residents primarily rely on the Municipal library for library
services and, further, that many residents of the southern portion of the County, outside
the Town, also rely on the Municipal Library and not the County library system, for
library services; and
54
WHEREAS, the Town has historically provided library services to County
residents outside of the Town's corporate limits at no charge and on the same basis as
such services are provided to Town residents in accordance with KC General Statute
Sec, 153A -264; and
WHEREAS, the Parties have not previously Instituted a formal written agreement
to direct or calculate the County's annual contribution in support of Municipal library
operations; and
WHEREAS, the Parties recognize the mutual benefit and interest of the Parties
hereto, and to the public generally, in the County's continued contribution to the
Municipal Library and in the Town's provision of library services to County residents;
and
WHEREAS, the Parties wish to continue their longstanding relationship under
which the County provides annual funding to the Town for library services to ensure
such services are available at no charge to County residents; and
WHEREAS, the Parties wish, by entering into this Agreement, to establish the
terms whereby future County funding of the Municipal Library shall continue and to
establish a mechanism or formula whereby such funding may be appropriately
calculated; and
WHEREAS, the Parties wish to explore opportunities for cooperative Inter- library
services and operability, whereby residents of the Town and the County may have
improved access to library resources provided by both Parties:
NOW, THEREFORE, In consideration of the foregoing and on mutual promises
and obligations set forth herein, the receipt and sufficiency of which Is hereby
acknowledged, the parties agree as follows:
1. TERM
a. This Agreement shall commence January 1, 2012 for the remainder of
the 2011 -2012 Fiscal year and shall continue each fiscal year thereafter
through June 30, 2015.
b. This Agreement may be renewed beyond July 1, 2015 upon written
agreement of the Parties.
2. COUNTY CONTRIBUTIONS TO LIBRARY OPERATING EXPENSES
a. The County contributed to the Town, for general operating expenses of
the Municipal Library, a base sum of Three Hundred Forty -two
Thousand Nine Hundred Eighty -Six Dollars ($342,986) for FY 2011 -
2012. The base sum represents 21% of the total operational costs
55
($1,633,269) the County budgeted for its Main Library, Carrboro Cybrary
and the Carrboro- McDougle Library for the same fiscal year.
b. Beginning in Fiscal Year 2011-2012, it Is the Intent that the County's
annual base sum contribution to the Town Library will increase, subject
to budget constraints, each fiscal year through June 30, 2015 until the
County's contribution to the Town Library equates to 30 % of what the
County spends annually for operational costs for the County Library
System.
c. It is the County's intent to increase its contribution to the Town Library by
adding three percent (3 %) each fiscal year to the base sum currently
contributed to the Town. Over the life of this agreement, doing so would
increase the County's contribution to the Town's Library from its current
21 % of total County Library System operational costs to 30% in the fiscal
year ending June 30, 2015. Additional extensions of the agreement
could result in additional County contributions.
d. It would be the intent of the County to increase Its funding of County
Library operational costs, by a proportional Increase, and then to
increase funding provided to the Town library by the previously agreed
upon percentage of the library system Increase, not to exceed three
percent (3 %) annually. If in any fiscal year the County does not increase
its funding to the County Library System by an amount equal to the
increase being provided the Town Library via this agreement, the
amount contributed to the Town Library will be less than three percent
(3 %). If in any fiscal year the County reduces funding for County Library
System operational costs, no increase will be provided the Town Library
during that same fiscal year.
e. At no time during the term of this agreement would the County's
contribution to the Town Library fall below the initial base sum amount
provided In this Agreement.
f. Funding for equipment, facility expansion and debt service associated
with facility enhancements of County Libraries are not operational costs
and will not be included In calculations of contributions to be provided to
the Town Library by the County.
g. The Town will remain responsible for the day to day operations of the
Municipal Library.
3. INTEROPERABILITY OF LIBRARY SYSTEMS
a. The Parties agree'to direct County and Town managers and library staff
to examine methods and determine the most appropriate methods of
interoperability between the Orange County Library System and the
Town of Chapel Hill Library, to be determined during the term of this
Agreement.
b. Upon staff mutually determining the most appropriate methods for a
transition to interoperability, County and Town management shall make
a recommendation to the governing boards of the County and Town
56
before November 2012. This recommendation will Include a description
of costs and benefits of options considered.
c. Upon adoption of an agreement implementing interoperability, which
may be adopted by way of Amendment to this Agreement, such
Interoperab €lity shall be phased in over an appropriate period of time.
4. LIBRARY BOARD OF TRUSTEES/ADVISORY BOARD
The Board of County Commissioners shall appoint a county commissioner to
serve as liaison to the Town's Library Board of Trustees. The liaison may
attend Board of Trustees meetings and may make recommendations to the
Board of Trustees.
5. REVIEW OF AGREEMENT
a. During the initial three year term, this Agreement shall be reviewed by
staff of the Municipal Library and Orange County Library and County and
Town Management, in consultation with a representative group of
elected officials; each year beginning no later than October 15, 2092
with a report generated for the Town and County governing boards
describing:
I. The cost/benefit of the County's funding contribution to the
Municipal Library;
II, Any difficulties encountered In implementing the terms of this
Agreement;
Ill. Verification that funding provided Is being utilized as proposed;
iv. Consideration of ways by which the County may offset the demand
on the Municipal Library;
v. Any other Issues tiiat need to be examined.
b. The Agreement shall be reviewed by staff annually with a report
generated for the Town and County governing boards describing the
same items set out in subsection (a) of this section.
6. AMENDMENTS
This Agreement may be amended by mutual written consent of the County
and Town.
7. TERMINATION
This agreement may be terminated by either Party hereto upon one year
advance written notice to the other Party or at any time by mutual written
agreement of the Parties.
9.
NOTICE
Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
To the County:
Orange County
County Manager
200 S. Cameron Street
Hillsborough, NC 27278
ENTIRE AGREEMENT
To the Town:
Town of Chapel Hill
Town Manager
405 Martin Luther King, Jr. Blvd.
Chapel Hill, NC 27514
This Agreement constitutes the entire Agreement of the parties hereto and is
effective the date first above recorded.
Ma n of Chapel
ATTEST:
Town Clerk
Chair, Board of Orange Cogpt
Commissioners °�••`�
Clerk to the Board
57
t,, cac
VisitorsSureau
,ice
W
ATTACHMENT 7 -b
Orange County and Chapel Hill Joint Meeting
March 2013
Tourism Highlights
The following is a synopsis of tourism - related initiatives from the Visitors Bureau:
Increase in demand for rooms as evidenced by Chapel Hill's room rates climbing
again after a rate slump for two years. Although occupancy continued to grow, the
rate had not yet met the levels we hoped. Currently, performance is stronger with
demand and revenues growing.
For the calendar year of January- December 2012 compared to January- December
2011, hotel revenues in Chapel Hill are up 3% and demand is up 4.5% for overall
aggregate revenues in 2012 at $36 million. Rates were strong in January 2013 at a
growth of 4.1 % over previous year.
New renovations at area hotels are giving us the opportunity to welcome more
groups, mid -week, in corporate and association sectors.
Group Sales
Recently, a shift in -local tourism activity has consisted of enhanced focus of the
group sales. Based on numbers, we are seeing this sector performing at 50% of
overall visitation (as compared to 30% just five years ago).
To meet the growing potential of group business, the VB has hired a new sales
associate who will cultivate additional mid -week business for Chapel Hill Hotels.
The Sales Department along with 10 industry partners recently hosted an inbound
tour for 23 meeting planners from Raleigh, RTP, Greensboro and Charlotte on
January 15, 2013. The tour focused on ten meeting facilities in Chapel Hill.
59
Chapel Hill Visitor Services
The Visitor Center staff is assisting approximately 400 -500 visitors each month
with the majority visiting from out of state and seeking general information.
Demand for publications, maps and special fliers
For the month of January, as an example, the Bureau provided over 1400 maps and
guides to various UNC departments for their visitors and conference attendees,
with the majority going to the Biological and Biomedical Sciences Program and
the UNC Visitors Center.
Direct advertising of Chapel Hill:
Year to date, Chapel Hill ads have run in the following publications:
• The New Yorker
• Golf Digest
• Wired magazine
• Conde Nast Traveler
• Charlotte Magazine
• Our State
• Indy Week (Holiday Events)
• Google (search)
• Meetingsfocus.com
• Charlotte.com
In total, Visitors Bureau ads delivered were seen by 55 million viewers /readers
year to date.
ME
Outreach
Addition of corporate trade shows /Chapel Hill booth at meeting planning shows, in
conjunction with area hotels.
• Increased outreach to meeting planners in state.
• Continued emphasis of website, www.visitchapelhill.org
• Enhanced focus on social media platforms
• Addition of new 2013 Visitors Guide
• Agricultural marketing campaign produced/ launched in Chapel Hill magazine
• New electronic campaign completed for visitors: Top 13 things to do in Chapel
Hill /Orange County in 2013.
• Summer events story in Charlotte Observer.
• New feature story on town in San Francisco Magazine
• Marketing of new video on dining options in Chapel Hill to augment new 2013
Food Lover's Guide to Chapel Hill
• Responding monthly 9,719 website visits.
Promotion of Music Scene
The Visitors Bureau is in the early stages of working with UNC students on
creating a website aimed at introducing students and visitors to the local music
scene. It will include information about local bands, venues, events, and resources
such as record labels and music shops. We hope to help continue to improve
Chapel Hill and Orange County's vibrant music scene, and believe that creating a
partnership with the UNC students would be mutually beneficial in order to
educate visitors about what the area has to offer.
SmartPhone Tours
The Visitors Bureau has entered a new agreement with OnCell to launch a new cell
phone tour for visitors interested in learning more about the area. To access the
OnCell tour, visitors use their own cell phones or smartphones to dial or stream the
tour. OnCell's mobile technology platform enables cultural sites to build mobile
tours with audio, images and video.
Park on the Hill Campaign
61
Visitors Bureau is working with Town staff on a public information campaign to
remind residents and visitors of growing parking options, accessible in downtown.
Touchdown Town
Visitors Bureau is working with town and UNC to capture greater number of
athletic visitor's downtown, before and after football weekends.
Discussion
Potential loss of annual TerraVita event in September. Event organizer is not
planning to launch third annual event which is a major branding initiative for area.
Wayfinding
Numbers at area Visitors Center (challenge with slight decline numbers and
discussion on ways town can help).
IM