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ORD-2014-011 Report and Recommendations from the County and Town Managers Regarding the Implementation of Improvements in the Historic Rogers Road Neighborhood
1 ORD-2014-011 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 6, 2014 Action Agenda Item No. 7-a SUBJECT: Report and Recommendations from the County and Town Managers Regarding the Implementation of Improvements in the Historic Rogers Road Neighborhood DEPARTMENT: Solid Waste Management PUBLIC HEARING: (YIN) No ATTACHMENT(S): INFORMATION CONTACT: 1. Report for the Historic Rogers Road Michael Talbert, County Manager, 245- Neighborhood Task Force, 2308 November 21, 2013 2. Town of Chapel Hill Resolution Dated February 10, 2014 3. Letter from County Attorney Dated October 17, 2013 4. December 6, 2012 Assembly of Governments Meeting Abstract - Greene Tract Historical Information and Options PURPOSE: To review recommendations from the County and Town Managers regarding Rogers Road Sewer and Community Outreach to implement improvements in the Historic Rogers Road Neighborhood. BACKGROUND: Attachment 1, the November 21, 2013 report from the Historic Rogers Road Neighborhood Task Force to the BOCC, provides background for this agenda item. TASK FORCE RECOMMENDATIONS TO THE BOARD OF COUNTY COMMISSIONERS September 17, 2013 1. That that the Cost associated with the Community Center and Sewer Improvements will be shared 14% Carrboro, 43% Chapel Hill and 43% Orange County. 2. That the Sewer Concept Plan presented by Orange Water and Sewer Authority (OWASA) in 2012 to serve 86 parcels at an estimated cost of $5.8 million should be funded by Carrboro, Chapel Hill, and Orange County in proportion to the recommended cost sharing. The first phase of the construction should include segments 5, 6, and 8 at an estimated cost of$3.7 million, serving 67 parcels. Funding recommended to be included in the Fiscal 2 2014/2015 Budgets, with the remaining 19 parcels to be constructed in the second phase and included in the Fiscal 2015/2016 Budgets 3. That the Task Force prefers the original Sewer Concept Plan presented by OWASA in 2012 to serve 86 parcels at an estimated cost of $5.8 million. First this concept will provide sewer improvements to the entire Historic Rogers Road Neighborhood; secondly, this proposal will enable all of the partners, Orange County, the Town of Chapel Hill, and the Town of Carrboro, to equally share the costs of the Community Center and Sewer Improvements in proportion to their responsibilities. If either the Orange County Board of Commissioners or the Chapel Hill Town Council do not favor the original Sewer Concept Plan presented by OWASA in 2012 or cannot agree on the concept of an Extra Territorial Jurisdiction (ETJ) for the Historic Rogers Road Neighborhood, the Sewer Concept Plan presented by OWASA in 2012 including only segments 5, 6, and 8 to serve 67 parcels at an estimated cost of$3.7 million should be funded. 4. That the County petition the Town of Chapel Hill to annex all County Owned Property in the Historic Rogers Road Neighborhood. 5. That the Task Force requests that the Managers explore the collaborative approach to the Historic Rogers Road Neighborhood as outlined in February 25, 2013 memo to Elected Officials and report back to the Task Force on August 21, 2013. 6. That the Managers meet and talk about the options related to connecting the residents of the Historic Rogers Road Neighborhood to sewer. 7. That funding is identified for the cost of connecting from the OWASA infrastructure to the home in addition to applying for grants for low-to-moderate income persons. It is a priority of the Task Force to identify funding not only for the installation of sewer infrastructure but also cost of connections to homeowners and the Task Force recommends that the County and Towns set up a fund specifically for people in the Historic Rogers Road Neighborhood and to fund the cost of the connections from the home to the main. MANAGERS RECOMMENDATIONS The County and Town Managers met and discussed the options related to connecting the residents of the Historic Rogers Road Neighborhood to OWASA sewer and Outreach efforts for the neighborhood. The discussions included the construction of sewer infrastructure, connections to homeowners, and outreach to the neighborhood to lay the groundwork for a master plan for the development of the Rogers Road area including the Greene Tract. Attachment 4, the December 6, 2012 report to the Board, provides historical information on the Greene Tract. In keeping with the recommendations of the Historic Rogers Road Neighborhood Task Force, the Managers recommend the following: 1. That the Cost associated with preliminary engineering for OWASA sewer infrastructure and community outreach is shared 14% Carrboro, 43% Chapel Hill and 43% Orange County. 2. That the County contract with OWASA for a preliminary engineering estimate to provide sewer to the 86 parcels identified by the Task Force not to exceed $130,000. The cost 3 of the preliminary engineering will be shared with the Town of Chapel Hill and the Town of Carrboro. 3. That the County participate in community outreach partnering with organizations such as the Jackson Center and/or the Rogers Eubanks Neighborhood Association (RENA) to identify action steps to provide sewer service to the Rogers Road Neighborhood and lay the groundwork for a master plan for the development of the Rogers Road area (including the Greene Tract), not to exceed $50,000. Carrboro, Chapel Hill and the County will share in the cost of this outreach. 4. Consider a budget amendment of $77,400 (43% of $180,000) for the initial engineering and community outreach expected to take 8-10 months to complete. Town of Chapel Hill: On February 10, 2014, the Chapel Hill Town Council approved "A resolution initiating funding for preliminary engineering and outreach for the Rogers Road Sewer Project and continuing the Public Hearing for the Extraterritorial Jurisdiction Boundary Amendment (Attachment 2). The Town Manager was directed to prepare agreements and appropriate budget action to initiate preliminary engineering and outreach efforts for the Rogers Road sewer project. Town of Carrboro: On March 4, 2014 the Carrboro Board of Aldermen will consider participating and sharing the costs of preliminary engineering and outreach for the Historic Rogers Road Neighborhood. The United States Environmental Protection Agency (EPA) accepted an administrative complaint filed against Orange County Planning and Inspections Department (OCPID) received on April 18, 2011 and is conducting an investigation of the complaint. John Roberts, Orange County Attorney, continues to advise the Board of County Commissioners to suspend consideration of the extension of sewer line to the Rogers Road Neighborhood as long as the EPA investigation remains open, (see Attachment 3 letter dated October 17, 2013). Orange County continues to seek a reasonable and speedy conclusion to this investigation. A County contract to provide a preliminary engineering estimate for the cost of sewer and participation in community outreach does not obligate the County to extend sewer to the Rogers Road Neighborhood. A Board decision to fund or not fund the extension of sewer lines to the Rogers Road Neighborhood will be made after the EPA investigation is complete. FINANCIAL IMPACT: The financial impact of funding an initial engineering and community outreach will not exceed $77,400. It is recommended these funds be appropriated from General Fund Unassigned Fund Balance. Future improvements in the Historic Rogers Road Community are uncertain until direction is provided by the Board of County Commissioners. RECOMMENDATION(S): The Manager recommends that the Board authorize the Manager to: 1. Negotiate a cost sharing agreement with the Town of Chapel Hill and Town of Carrboro for a preliminary engineering estimate to provide sewer to the 86 parcels identified by the Task Force not to exceed $130,000 based on the Task Force recommendation; 2. Negotiate a contract with OWASA for a preliminary engineering estimate to provide sewer to the 86 parcels identified by the Task Force not to exceed $130,000; 4 3. Negotiate a contract and/or participation in a Rogers Road community outreach, partnering with organizations such as the Jackson Center and RENA to identify action steps to provide sewer service to the Rogers Road Neighborhood and lay the groundwork for a master plan; and 4. Approve Budget Amendment #5-B appropriating $77,400 (43% of $180,000) from General Fund Unassigned Fund Balance for the initial engineering and community outreach expected to take 8-10 months to complete. 5 Attachment 1 Historic Rogers Road Neighborhood Task Force Final Report September 17, 2013 Prepared by the Historic Rogers Road Neighborhood Task Force 6 TABLE OF CONTENTS Introduction 1 Reappointment of the Historic Rogers Road Neighborhood Task Force 2 Charge of the Reappointed Historic Rogers Road Neighborhood Task Force 2 Recommendations 3 Sewer Infrastructure 2012 OWASA Sewer Concept Plan 4 2013 OWASA Utility District Concept Plan 6 2013 OWASA Sewer Compromise Concept Plan 14 Homeowners Connections 14 Community Center 17 Gentrification, Chapel Hill's Small Area Plan, and The Greene Tract: 18 APPENDICES A. County and Town Attorneys Opinions B. Historic Rogers Road Neighborhood Task Force Report- December 6, 2013 C. Town of Chapel Hill Memo to Elected Officials February 25, 2013 D. North Carolina General Statutes 153A-376; 160A-456 E. Lease Agreement between Habitat for Humanity and Orange County F. Operations Agreement: Rogers Road Community Center 7 INTRODUCTION In 1972, the north side of Eubanks Road became the site of a solid waste landfill operated by the Town of Chapel Hill. Orange County assumed operational control of the landfill as the result of an August 17, 1999 agreement between the Towns (Chapel Hill, Carrboro, and Hillsborough) and the County. The Historic Rogers Road Community has lived with this landfill for 40 years. Over many years, residents representing the Rogers Road area have voiced concerns about various operational elements associated with the landfill and the impact on the Rogers Road Neighborhood. The Neighborhood is geographically split by the Orange County and Carrboro. Orange County, as the current owner of the landfill, is taking the lead to make remediation improvement to the Historic Rogers Road Community. A number of local government initiatives have been implemented to improve the quality of life in the Rogers Road Community and they are as follows: 1. The Solid Waste Fund paid $650,000 to extend public water service by the Orange Water and Sewer Authority (OWASA) to the Rogers Road area. 2. Solid Waste installed gas flares to reduce odors. 3. The Town of Chapel Hill initiated bus service on Rogers Road. 4. Orange County initiated a no-fault well policy to deal with failing drinking water wells remaining in the adjoining neighborhoods. 5. Orange County approved the appropriation of$750,000 from the Solid Waste Fund Balance to establish a Rogers Road Remediation Reserve Fund. 6. On July 1, 2011 Orange County established a $5.00 tipping fee surcharge and a plan to incrementally increase the tipping fee each fiscal year by a minimum $2 per ton as long as the landfill is operational to fund the Rogers Road Remediation Reserve Fund. 7. A partnership with Orange County and the University of North Carolina created a Landfill Gas to Energy Project that commenced operation on January 6, 2012 and will have an immediate and noticeable impact on the odor created by the operation of the landfill. The project will further provide a long-term renewable energy source to UNC, reducing dependence on increasingly expensive fossil fuels, and reduce carbon emissions. 8. On October 4, 2011 the Orange County Board of County Commissioners authorized staff to proceed with a "one-time" effort to clean-up illegal dump sites within three-fourths of one mile of the landfill boundary, at no cost to the individual property owners. At the January 26, 2012 Assembly of Governments meeting, the Orange County Board of Commissioners and the Town Boards discussed the extension of sewer service and a community center for the Rogers Road Community. County and Town Attorneys (Appendix A) have concluded that use of Solid Waste reserves to extend sewer service to the Rogers Road Community is not consistent with North Carolina General Statutes and would subject the local governments to legal challenges. As such, a community 1 8 center does not have a relationship to Solid Waste and could not be funded from Solid Waste reserves. Therefore, funding for either the extension of sewer services and/or a community center will have to come from the County's and Towns' other general revenue sources. There was discussion on January 26 regarding the creation of a task force to address the issues. On February 21, 2012 the Orange County Board of Commissioners authorized the creation of a new Historic Rogers Road Task Force to address sewer service and a community center. The composition of the Task Force was to include two members appointed by each Town (Chapel Hill and Carrboro); two members appointed from the County; and two members appointed from Rogers Eubanks Neighborhood Association (RENA). Appendix B is the Original Historic Rogers Road Neighborhood Task Force's Report to the Assembly of Governments on December 6, 2012 Reappointment of the Historic Rogers Road Neighborhood Task Force On February 5, 2013 the Orange County Board of Commissioners authorized the continuation of a reappointed Historic Rogers Road Neighborhood Task Force and approved the Charge of the Task Force. The composition of the Task Force includes two members appointed by each Town (Chapel Hill and Carrboro); two members appointed from the County; and two members appointed from Rogers Eubanks Neighborhood Association (RENA). Appointed Task Force Members: David Caldwell: RENA Robert Campbell: RENA Penny Rich: Orange County Renee Price: Orange County Michelle Johnson: Carrboro Sammy Slade: Carrboro Lee Storrow: Chapel Hill James Ward: Chapel Hill Charge of the Reappointed Historic Rogers Road Neighborhood Task Force 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; 2 9 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. RECOMMENDATIONS 1. That the Cost associated with the Community Center and Sewer Improvements will be shared 14% Carrboro, 43% Chapel Hill and 43% Orange County. 2. That the Sewer Concept Plan presented by OWASA in 2012 to serve 86 parcels at an estimated cost of $5.8 million should be funded by Carrboro, Chapel Hill, and Orange County in proportion to the recommended cost sharing. The first phase of the construction should include segments 5, 6, and 8 at an estimated cost of$3.7 million, serving 67 parcels. Funding recommended to be included in the Fiscal 2014/2015 Budgets, with the remaining 19 parcels to be constructed in the second phase and included in the Fiscal 2015/2016 Budgets 3. That the Task Force prefers the original Sewer Concept Plan presented by OWASA in 2012 to serve 86 parcels at an estimated cost of$5.8 million. First this concept will provide sewer improvements to the entire Historic Rogers Road Neighborhood; secondly, this proposal will enable all of the partners, Orange County, the Town of Chapel Hill, and The Town of Carrboro, to equally share the costs of the Community Center and Sewer Improvements in proportion to their responsibilities. If either the Orange County Board of Commissioners or the Chapel Hill Town Council do not favor the original Sewer Concept Plan presented by OWASA in 2012 or cannot agree on the concept of an ETJ for the Historic Rogers Road Neighborhood, the Sewer 3 10 Concept Plan presented by OWASA in 2012 including only segments 5, 6, and 8 to serve 67 parcels at an estimated cost of$3.7 million should be funded. 4. That the county petition the Town of Chapel Hill to annex all County Owned Property in the Historic Rogers Road Neighborhood. 5. That the Task Force requests that the Managers explore the collaborative approach to the Historic Rogers Road Neighborhood as outlined in February 25, 2013 Memo to Elected Officials (Appendix C) and report back to the Task Force on August 21, 2013. 6. That the Managers meet and talk about the options related to connecting the residents of the Historic Rogers Road Neighborhood to sewer. 7. That funding is identified for the cost of connecting from the OWASA infrastructure to the home in addition to applying for grants for low-to-moderate income persons. It is a priority of the Task Force to identify funding not only for the installation of sewer infrastructure but also cost of connections to homeowners. The Task Force recommends that the County and Towns set up a fund specifically for people in the Historic Rogers Road Neighborhood and to fund the cost of the connections from the home to the utility main SEWER SERVICE 2012 OWASA Sewer Concept Plan: OWASA is the water & sewer utility for the area and as such, it investigated the concept of providing sewer service as part of the Town of Chapel Hill's Rogers Road Small Area Plan. On February 8, 2011 OWASA provided an updated concept plan and cost estimate, for the Rogers Road Small Area Plan Study Area for $3.4 million. This early concept plan was completed based on the Chapel Hill Small Area Plan which is a geographically different area than the Historic Rogers Road Neighborhood sewer concept. There is also some difference in routing some of the main outfalls. In the current estimate, OWASA needed to avoid the area of contamination coming out from the Carrboro section that required more line with deeper excavation. Most importantly, in the earlier estimates neither the availabilities fees was included nor the cost of extending a lateral from the main line to the properties. OWASA provided a concept plan, layout, and cost estimate for providing sewer service to the area that was delineated by the Rogers Road Neighborhood Task Force at the April 30, 2012 meeting. The concept plan is the most efficient way to serve the defined 4 11 Rogers Road Neighborhood and does not consider adjoining neighborhoods. The Reappointed Task Force reviewed the concept on March 20, 2013. See below, Exhibit 1, the Historic Rogers Road Area Sewer Concept May, 2012 Map. All the green areas show where sewer service is already available. The dark green areas are parcels that have connected to the OWASA service. The light green areas have not connected. The 86 parcels in yellow are the properties that would be served by the conceptual sewer layout. The concept map also breaks down the sewer service into 8 sub-areas with the number of parcels served and cost per parcel. The 8 red lines represent the possible sub-areas of the sewer infrastructure that could be considered, if the entire concept project is not feasible. The sewer infrastructure routing was estimated based on the topography taken from maps rather than from any field work. In order to get to a greater level of detail or certainty on the cost, some field work would be required. There are two brown areas on the map that the County has identified as some subsurface disposal or some suspected contamination. Without any further investigation, the sewer line has been routed no closer than 100 feet of that margin. Exhibit 1 Historic Rogers Road Area Sewer Concept- -5'---1\r\I _r'---- -� =N May 2012 1 �' 1'ri, iii _5 Parcels Cost Per I ,,_ r , O Area Total Cost Served Parcel j----^` ! 1 1 $468,780 2 $234,390 ,'' l 2 $786,234 6 $131,039 I I , 3 $106,313 1 $106,313 a I 4 $546,860 8 $68,357 , _ ' 5 $826,022 17 $48,590 - © LNeah Trxl oremecaunry 6 $848,919 5 $169,784 r; — _7 $349,191 _ 2 $174,596 I ^ w fl i11��� 8 $1,855,900 45 $41,242 .V ill 1 �-; Total $5,788,217, 86 $67,305 j ,. '` et: (Joint Gneer P1 �L- xN _ --,4 \ \ .— ..„,,---) ..>'* \,L.,V_\\ CI: ' /1 ..1.1-14:il -1 I-\- _,._ — \-: \"-iii=7:77. ,f„„ 11 7its- \---- 1 : , I „I 7\ -111i-± 41`,-,-\ r+ t:=7 - :- ity --; , , , 1 , , ift)-6\--wz,', — --t 5c.--: \I--2 ‘Y:- i - ,- sen-7! ' 1--1 ;7' DM'N''.:'!■`-''' .t.f.'.# \ � M n ' r l i r_ ,- L___/ _--1 . J 1 7 ' r s -- : T t l if 3C0 KO Ime 170 1.670 f i 5 12 The total construction and installation cost for the sewer concept is currently estimated to be $5.8 million. See the table below. It would serve 86 additional parcels of land. The concept costs include construction, engineering design, administration and contingency for possible rock. The topography of the neighborhood is complex and the land falls in several different directions. This concept plan does not include the costs of any property acquisitions or easement acquisitions. The availability hookup charge for each of the parcels is based on an assumed average house size of 2,500 square feet. When a customer connects to the OWASA water and sewer system, there is a one-time fee that is estimated to be $4,300 per parcel for the concept plan. Cost estimate Summary: Engineering, Design and Permitting 376,350 Construction Cost 3,763,506 Construction Administration 188,175 Construction Inspection 188,175 20%Contingency 903,241 Sub Total 5,419,447 Service Availability Fees 368,768 Total 5,788,215 The concept does not include the cost to actually connect individual homes to the sewer system. Those costs will vary depending on the configuration of the lot and the distance from the house to the main sewer line. Those costs are typically the costs of the homeowner and are estimated to be about $20/foot. The connections to an individual house would be provided by a private plumbing contractor. 2013 OWASA Utility District Concept Plan: The Task Force reconvened in 2013 and there was discussion about a larger district that would include sewer and water that encompasses a much greater area and would bring many more potential property owners to the table, in terms of sharing the cost and the potential to serve a lot more people. There are a couple of options that the Task 6 13 Force considered. One was a larger district including other properties outside of Rogers Road that can contribute to the cost that otherwise would be paid by the Rogers Road area. The other option would be having Task Force recommend funding solely for the 2012 Sewer Concept for the Rogers Road area and that would represent a larger per- property cost. If a Utility District is created, it would be a separate governmental entity, so everyone within that governmental entity would have the same opportunity. Even with the creation of a Utility District the County would be responsible for funding and operating the district. The district could issue bonds to raise the funds, or more likely, the County would issue some sort of General Obligation Bond. There are several legal ways to raise the money; it will come down to the political choice of which legal way the County would choose. Either way, the County would take the lead to finance a Utility District. A Utility District would be located outside the corporate limits of the Town of Chapel Hill. A legal concern is whether the Town of Chapel Hill could spend money outside of the town limits. There are a couple of potential ways under which that could occur. The first option is that Chapel Hill could annex either all or some of that district. In order to do so it would require a majority vote of the residents. The second option allows the extension of water and sewer lines through a community development program. The extension of utility lines can occur within a Town's corporate limits but also within the ETJ [Extraterritorial Planning Jurisdiction]. The district could be created, but there is no basis for the Town of Chapel Hill to be able to make a contribution, in the absence of either a community development program in the ETJ or annexation. The County can create a service district. Carrboro can contribute because it has areas in the service district that are within the town limits, but Chapel Hill does not. On November 14, 2012 the Historic Rogers Road Task Force recommended that the County & Town Managers explore the creation of a County Sewer District for all property owners in the Historic Rogers Road Neighborhood. This concept evolved from 2012 Sewer concept presented by OWASA, with the total cost of about $5.8 million that would serve 86 parcels, with an average cost of $67,000 per parcel. The Task Force asked the Managers to look at water and sewer options and see what might work; what might be a better solution or was the best solution. The planning staffs from Carrboro and Chapel Hill looked at the sewer district and identified areas that the sewer lines go through that aren't being served by the proposed sewer. Staff identified parcels that could be served by new sewer infrastructure but also considered parcels that are not served by water. Consideration for a Proposed Utility District started with the boundaries of Historic Rogers Road Neighborhood. Adjacent properties that fell into the category of either existing development that was not currently 7 14 being served or areas that could be expected to request sewer service as the property develops in the future were included in the Proposed Utility District. Exhibit 2 Jurisdictions outlines the existing jurisdictions, Carrboro Town Limits, Chapel Hill Town Limits, Chapel Hill Joint Planning Transition Area, Carrboro Joint Planning Transition Area 2, and the Historic Rogers Road Neighborhood. The thick purple line shows the possible expanded Utility district that OWASA was asked to propose as a Utility District. The blue line identifies the Historic Rogers Road Neighborhood as defined by the Task Force. Exhibit 2 Jurisdictions cH TOC I i -- 1 Rural Buffer o -. Rural Buffer fifer w e,. (Orange Co.) to Lendfrb (7 \°. 1 V Q , 1 a I.-.i:1 Eubalt" Se-rr.,es a~ -o I i , °. ,....1,..."7-' LeodAR e—o• —1 Northwood e� ~• �~4` SA ' ' G .a I t`' p ®+6k 0. .6r,A. , k•..e s"P a P� , , Carrboro , _ Chapel Hill - i" *�I.. a Joint Planning Ii\' ■ - Joint Planning �, +► 1 Transition Area Transition Area 2— °` " i } A m•Fr I 70 0 ' .e . 'ureby.Dr i .,. e i / 1* ' . Green'Pratt 1:_ I I. - I !r P�•- ssr: I _ — ' Chapel Hill s I Carrboro arl�P 4 City Limits , r City Limits. ;, � . ....L._ -a0 b c. d ids 8'!IaLrong Ln ro - 1 __ .11,*AR +�wq- ! ro' 1. ,#_ q� Legend r Homestead Rd R "° , @ a Pots 7tial Rogers Fa Unlry Disler. Cdr r A'�nnrry p,"ik.1T` i, rransil!vrt I 3- ,i �'- , :"`.)-*..toric Rogers Rd Neighborhood " i�._1 Chapel FdI Town Lulls # � _ Chkpol}iii Urban SCMCOa Area CYIS I I:.is mparrd by tZcnnl 1 . (ct.;l r r . Li Carrboro Ip4��rr LI�tiits Chapel Hitt Manning flap' 0 lion 1"° 2"° �t I i Jn;tlpry.2879 i I — Gnrraoro Transition Area 2 8 15 The Proposed Utility District above is broken down between Water and Sewer Costs. The Total Cost of the proposed Utility District is outlined below: Proposed Utility District Total Water and Sewer Cost Construction Cost $ 11,226,913 Engineering, Design and Permitting 10% $ 1,122,691 Construction Administration 5% $ 561,346 Construction Inspection 5% $ 561,346 20%Contingency $ 2,694,459 Sub Total $ 16,166,755 Service Availability Fees $ 1,414,908 Meter Cost $ 26,400 Total $ 17,608,063 Cost Per Parcel (220) $ 80,037 The Sewer only cost estimate is outlined below and shown on Exhibit 3 (Sewer Map). Existing OWASA-owned public sewer is shown in thin green lines. The Proposed Utility District for sewer infrastructure is shown with a thick red line with black dots, representing the manholes for the new extension. Proposed Utility District Total Sewer Cost Construction Cost $ 7,441,188 Engineering, Design and Permitting 10% $ 744,119 Construction Administration 5% $ 372,059 Construction Inspection 5% $ 372,059 20%Contingency $ 1,785,886 Sub Total $ 10,715,311 Service Availability Fees $ 973,500 Total $ 11,688,811 Number of parcels served 220 Cost Per Parcel $ 53,131 9 16 Exhibit 3 Sewer Map y-� -° _� " -milk - ,--..--...ir .... _____ I , , ii Ll ____,,,,________ _______.„„_________ • 4 Ii• s __ artevoli :71-5_1111� omrgOe e efx; (O m p!C 0`ty ) A 1., ■••1144kor.-"A. P.N.,,,,,111 - J r Airait., last\14,.,?,,:, ,,:..!,:il, 41■101.9 1 INI:iif 11 1—.— ) 1 i r ,,e-ii .... In_ ,v,r- A a •1 4, ,,p g -• t7.---Tar me „ . AIVAIP■1401144V 17‘,-- II. /1 4 Iau).otarijimAiimpli....cr._ Im if 4,1 t F I ir49‘4'.7' 4%1:444 Mi m - .1 i!4 1iib!---.-Al..A,: ril I I 1 ,f, ,, ,,,,..",,,,„„;-4-...... .-1,-..._, on,... ...I im,4111.-,,, III‘ 14...1 --- '''''' - - 1 '.• °1,111:1i1L4 v-.—S a .0 l'i- OC -;,.:.5...-2 is t 4 .. �' � I 1,, - \—v1,._n�.�.� .Ij 2iINii'5 ig _ The water cost estimate is outlined below and shown on Exhibit 4 (Water Map). The water map is the same as sewer, except with thin blue lines identify existing mains and the new mains are the thick red lines, with red squares as proposed fire hydrant locations. 3.0 17 Proposed Utility District Total Water Cost Construction Cost $ 3,835,724 Engineering, Design and Permitting 10% $ 383,572 Construction Administration 5% $ 191,786 Construction Inspection 5% $ 191,786 20%Contingency $ 920,575 Sub Total $ 5,523,443 Service Availability Fees $ 441,408 Meter Cost $ 26,400 Total $ 5,991,251 Number of parcels served 132 Cost Per Parcel $ 45,388 Exhibit 4 -_-- -f- ;-- -JJ 1 Water Map _.- -f-` - ,_' lye "'- I --------:,-_-_z_-____ ___----r---- I ,,., , 1 11 t i .., , ��' Is , ,„ � Omyi Coffey] #1," Gun* loungemrl Milk i I Pk fit 1'P' --T- II - Greene Tad I ;,moo n�h?, ,Api SAVF ill 1 I I--rAl 14 0 1 ' 1 I OY /,ft i 111111114111k14*4%11 Wit 6°41#0 11444 ar :-: )11 ‘), ., lirct,44 A., ,, ,, iggro•alit.„,1- pm 1 7 - v-A- 4- illirimililp' ir-- ', D ,� � ) mit -4 : ddiii AF: aLTIo r-f_ I 11 18 All parcels that already have access to water and/or sewer on the maps are identified in a black crosshatch; some of these parcels are currently connected to OWASA's system and some are not. The Proposed Utility District would extend water and sewer to all parcels within the purple boundary. The newly Proposed Utility District almost doubles the amount of sewer that would need to be installed from what was proposed in May 2012. This expanded area increased the lineal feet of sewer extension required from 3.6 miles to 6.8 miles and added 4.4 miles of water main extension. The conceptual layouts for sewer and water are based on the parcel boundaries as they are currently configured and whether or not a structure or multiple structures are currently located on a parcel was not considered. The Proposed Utility District includes all parcels and the cost per parcel in some areas will be much greater than others. Exhibit 5 (High Cost Areas) identifies 5 areas where the cost of new water and/or sewer infrastructure/parcel will be the highest. If the high cost areas are removed until additional development occurs in the Proposed Utility District the initial cost of the Utility District would go from $17.6 million to $13.4 million. This represents a 24% decrease in the initial cost, which could be the final phase of the Utility District, and would eliminate water and/or sewer service to 22 parcels. The cost for the High Cost Areas is outlined below: Proposed Utility District Less High Cost Areas Total Water Cost Less High Cost Areas Total Overall Cost for Water $ 5,991,251 Minus High Cost Areas for Water $ 1,826,331 Total Water $ 4,164,920 Total Sewer Cost Minus High Cost Areas Total Overall Cost for Sewer $ 11,688,811 Minus High Cost Areas for Sewer $ 2,465,767 Total Sewer $ 9,223,044 Total Water&Sewer Cost Minus High Cost Areas $ 13,387,964 12 - 19 Exhibit 5 Print file(Ctrl-P) _. 6 rl; High Cost Areas X r____.--;-.:11--=''-'-'"-1 +�` J:.; ffN'_pc ___ �, .,ter N 1 $!4 L _ •� 3 Atli .-_ 1' �, .� LOTS NW Ia T;xf ' ,; .g ,;r ronnge COQ•yi Grin Trad ,1 r �9mga COmry7 \ y"4,k1,.. i� 1 1, k iii i S 4,,,,,,,, , 01 1 4, ri -AREA' REA1 5 LOTS - _ i_____, v*vire Grunt Traci parser wain --is. gliomiii • Afro% la, .a lip,a\II'I I I le V I,...1 i in 1411 I #IL '-."-::--1 L1'1 11 MI"P win poll ., Irv: „, 11- L IR 4111 MA _ ,_ .,, )1 l IP"- it if . - .■ =ff C. IT''::::::::.„-, %bulk Itralk ,-- 0 A r 04 il g...:1-_-_:, ir„,,,-,,_ __,-....„• / .-imr -4„, VAI -•- The 2012 Sewer concept presented by OWASA had a total estimated cost of $5.8 million that would serve 86 parcels, with an average cost of $67,000 per parcel. The Proposed Utility District which evolved from the 2012 Sewer concept has an estimated total cost of $17.6 million. With an expanded service area, the cost of sewer only is $11.6 million. If the sewer component of the Proposed Utility District is broken out, sewer would serve 220 sewer parcels, with an average cost of$53,131 per parcel. 13 20 OWASA estimates include extending one sewer service lateral from the main sewer line to the edge of the right-of-way, with a clean out, and extending one water service lateral, setting a meter box and meter at the edge of the right-of-way. This estimate does not consider any cost for hooking up those parcels that have sewer available to them now. If they already have sewer or water available to them, it's not included in the cost estimate. The costs associated with acquiring the easements that will be necessary before any construction work can begin are not included. However, whenever it was feasible to do so, proposed utilities are inside the right-of-way to minimize the number of easements that must be obtained. 2013 OWASA Sewer Compromise Concept: On June 12, 2013 the Task Force was presented a Compromise Sewer Concept based on the 2012 OWASA Sewer Concept The intent of the concept is to bring focus on the target core of the Historic Rogers Road Neighborhood considering cost, efficiency and expediency to serve this Neighborhood. The original 2012 Sewer Concept serves the Rogers Road Neighborhood by constructing 8 different segments at a total estimated cost of$5.8 million. Exhibit 1, the Historic Rogers Road Area Sewer Concept May, 2012 Map shows the 8 different segments and 86 parcels that would be served with this concept. Segments 5, 6, & 8 could serve 67 parcels and are the most cost effective to construct. This concept could also be constructed as the first phase of a larger Proposed Sewer District. The Compromise Concept would serve 67 of the 86 original parcels or 77.9% and cost an estimated $3.7 million or 64.1% of the original cost estimate. This concept could serve the core of Rogers Road, but not everyone. Homeowner Connections: Homeowners subsidize connection: The County and the Towns have statutory authority to pay for or subsidize connection costs for the benefit of low and moderate income persons within their territorial jurisdiction. (Appendix D - G.S. 153A-376; 160A-456). Pursuant to this authority a program could be established whereby grants or loans are issued to persons who meet 14 21 designated criteria to assist those persons with the cost of connecting to a water or sewer system. It remains to be determined whether each unit of local government would operate its own program or whether a joint program would be established. A method to fund individual homeowner connections to water and/or sewer infrastructure is to create a community development fund, set up for the benefit of low-moderate income individual. If a utility district is created, one of the benefits is that the availability of community development funds could be limited to property owners within the district. The District could not distinguish between or have differential sliding scales based on how long a resident has lived in the Rogers Road Neighborhood. After establishing a policy that makes funds available for individuals to connect to water and/or sewer utilities, for low- to-moderate income homeowners, individuals could apply for grants and/or loans to pay for utility connection charges. No one would be forced to connect to the system, but in any case the qualifying criteria would not be limited to residents of the District. Connection cost: The Proposed Utility District has not yet been formed and a fees structure has not yet been considered. The current OWASA fee structure could be used as an example of the fees a new Utility District customer would be expected to pay. A new sewer customer will be expected to pay for a sewer service lateral, a clean out and service availability fee; a water customer will be expected to pay for a water service lateral, meter box, meter, and service availability fee. The estimates are based on a 2,500 sq. ft. house, pumping out and abandoning a septic tank, a private lateral 150' long, and no internal plumbing modifications. Exhibit 6 (Historic Rogers Road Area Estimate Schematic) provides a detail breakdown of what an individual home owner could expect to pay to connect to both OWASA water and sewer. In this example, the fees paid to OWASA would be $11,495 and the estimated cost of a private plumber is $10,850. 15 22 Exhibit 6 Historic Rogers Road Area Cost Estimate Schematic . .. . _. c --- B .41 1_ Erft A tpii SEWER COST ESTIMATE PER LOT WATER COST ESTIMATE PER LOT item Cost Item Cost It- Sewer Marry Extension Tgl t A Water Main Extension STBD 5rAver service Lateral,Clean out ';,b,925 B-Water Service Lateral,Meter Box, $4,570 anti Service Availability Fern! Meter and Service Availability Fee* -Private Plumbing 7 2.50 C-Private Plumbing 03,600 Iota!::$Tf3D Total:STBD Private Plumbing As•u i ptinns: Private Plumbing Assumptions. t All rri aterials and workmanship iyer All materials and tivoritmanship per plumbing code ▪C:lea rout instalreti at edge of Right of Way •Meter box and meter installed at edge of Right of Way 'iept it"tan{a pumped out and ahrtndoned *Well disconnected from borne plumbing,not abandoned Horne can be served by gravity(no sump or punip) •Private lateral is 150'long Private lateral Is 150'long •Includes Pressure Reducing Valve installation,but no •No internd plumbing mud required other internal plumbing modifications •Assumes trench ng will not require disturba nee of •Assumes trenching will not require disturbance of sidewalk,driveway or landscaping sidewalk,driveway or landscaping Service Availability ter:charge assumes 1,500 ft'home *Service Availability Fee charge assurnes 2,500 ft2 home 16 23 COMMUNITY CENTER: On April 9, 2013 the Board of County Commissioners was presented the schematic design of the Rogers Road Community Center and authorized the manager to award the bid for construction in an amount not to exceed $650,000. The project was bid in August, 2013. The Town of Chapel Hill has expedited the site plan review, permitting and other associated processes for the project as well as waived all associated Town fees related to those processes, normally estimated to be$25,000. A Lease Agreement (Appendix E) between the County and Habitat for Humanity to lease two lots in the Phoenix Place Subdivision for an initial term of 20 years has been approved. Appendix F, an Operating Agreement between Orange County and the Rogers Eubanks Neighborhood Association (RENA) has been drafted and is scheduled to be presented to the Board on September 17, 2013. The agreement contracts with RENA to provide programs and activities that take place at the Community Center, and that all such programs and activities shall be open to the general public. The County Attorney will be drafting a Memorandum of Understanding between the County and Towns to outline a capital contribution from the Towns for the construction of the Rogers Road Community Center not to exceed $650,000. The MOU will also provide that the County will be ultimately responsible for the cost of operating and maintaining the Community Center and that the financial participation by Carrboro and Chapel Hill will be limited to the capital contributions identified below. Costs sharing percentages are the same as identified in the 1972 Landfill Agreement, 43% for Orange County, 43% for the Town of Chapel Hill, and 14% for the Town of Carrboro. The County will construct the Community Center and reimbursement from the Towns could begin in Fiscal 2013/2014. Budget for the Community Center: $650,000 Shared Costs: Orange County 43% $279,500 Town of Chapel Hill 43% $279,500 Town of Carrboro 14% $ 91,000 17 24 GENTRIFICATION, CHAPEL HILL'S SMALL AREA PLAN, AND THE GREENE TRACT: The Task Force highlights part of the charge to the reappointed Task Force (5 Feb 2013) — "To have the Task Force consider options to address gentrification", indicating that it has not been adequately discussed by the Task Force, nor have options been identified to address this concern, yet it remains a critical issue. Therefore, the Task Force requests that the staffs from each jurisdiction continue to work together with RENA and the other partners identified in Manager's February 25, 2013 memo to Elected Officials (Self-Help, Jackson Center, OWASA, Chapel Hill-Carrboro City Schools), to identify challenges and craft an action plan which addresses the issue of gentrification and allied concerns. And that the progress reports/recommendations be submitted and discussed at all future Assembly of Government meetings until sufficiently resolved. On April 17, 2013 the Managers and Attorneys presented recommendation from their meeting on April 11, 2013, Appendix G. The County & Town Managers, and Attorneys support the concept of a multijurisdictional Development Agreement that will address utilities, gentrification and the Greene Tract for the Historic Rogers Road Neighborhood, Including: • The concept of an expanded geographic region for a Utility District to promote water and sewer for the Rogers Road Neighborhood • That the County would be the unit of government to create, finance, and operate a County Utility District for a geographic region that would include the Historic Rogers Road Neighborhood parcels that are not currently served by a municipal water & sewer system. • The concept of the joint development of the Greene Tract for affordable housing, schools, and open space should be an integral part of a development plan for the Rogers Road Neighborhood. 18 25 Attachment 2 A RESOLUTION INITIATING FUNDING FOR PRELIMINARY ENGINEERING AND OUTREACH FOR THE ROGERS ROAD SEWER PROJECT AND CONTINUING THE PUBLIC HEARING FOR THE EXTRATERRITORIAL JURISDICTION BOUNDARY AMENDMENT (2014-02-10/R-3) WHEREAS,the Town Council re-opened the Public Hearing for the Extraterritorial Jurisdiction Boundary Amendment on October 21,2013 and continued the hearing to January 13,2014 and continued the hearing to tonight; and NOW, THEREFORE,BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council continues the Public Hearing,to be reconvened in the fall 2014. BE IT FURTHER RESOLVED that the Council directs the Town Manager to prepare agreements and appropriate budget action to initiate preliminary engineering and outreach efforts for the Rogers Road sewer project; This the 10th day of February,2014. • Attachment 3 26 4� = �o Office of the County ' ORANGE+ COUNTY eta • Attorney P.O.BOX 5181, ` `i 200 S. CAMERON STREET -� ILLLSBOROUGH,NC 27278 • cAxo- October 17,2013 Mr.Jerett Yan OCR External Compliance Program - U.S. EPA, Office of Civil Rights (Mail Code 1201A) 1200 Pennsylvania Avenue, NW Washington,DC 20460-1000 • - Re:EPA File No.: 13R-07-R4 Dear Mr.Yan: On June 20, 2013 you informed me in a letter sent via email that the Environmental Protection Agency's ("EPA")Office of Civil Rights had accepted for investigation an administrative complaint received by EPA - on April 18,2011 ' Three months have passed and I have heard nothing regarding this investigation. For that reason I am writing to address the allegation that Orange County's Planning and Inspections Department "discriminated on the basis of race by denying water and sewer service to the African American Residents of the Rogers Road Community:' Specifically, your letter states thelnvestigation is based on a complaint that alleges Orange County is complicit with the Orange Water and Sewer Authority ("OWASA"),an independent governmental unit,in a race-based denial of water and sewer service to residents of the Rogers Road community because Orange County's Planning and inspections Department did not seek grants similar to the grants received for Buckhorn and Mebane projects. This allegation is baseless and approaches the level of being a fraudulent misrepresentation. By way of background both the Buckhorn and Efland(Mebane project)areas are within Orange County's jurisdiction so noted within its Comprehensive Plan and Zoning Atlas. The area that is the subject of the • complaint(i.e.Rogers Road Area)is partially within the town limits of the Town of Carrboro and partially within an area controlled by an adopted interlocal agreement known as the Joint Planning Agreement ("JPA") between Orange County and Chapel Hill. The Joint Planning Agreement deals with land use. The two primary areas of the JPA include `Transition'areas(i.e. areas transitioning to a future urban character)to be administered by the towns and'Rural Buffer';to remain a lower housing density area. This created an Urban Services delineation which also set the boundary of future town annexations. The local governments assigned transition areas to implement land development ordinances"...just as if the land were located within the respective Town's planning jurisdictions." The role of the County in JPA areas is to comment on land use consistency with the common land use plan map but not to direct development activities hi areas anticipated for municipal annexation. The Town of Chapel Hill has notified the county on.its intent to formally change these areas to add them to its extraterritorial jurisdiction in the immediate future. • 1 • 27 •The first allegation related to the complaint that I will address is that Orange County"has direct influence in shaping OWASA's agenda because Orange County appoints two members of the OWASA board of directors." Water and sewer service in the Historic Rogers Road Area is operated and maintained by V j OWASA. OWASA's governing board is comprised of nine members,five of whom are appointees of the Town of Chapel Hill,two appointees from the Town of Carrboro, and two appointees from Orange County. Orange County has absolutely no influence over, or involvement with,water and sewer service - or operations by OVVA$A. Nor, beyond the appointment of two members to its governing board,does • Orange County have any authority over the governing board of OWASA. OWASA's governing board, together with its senior staff, is solely responsible for administrative and operational decisions regarding OWASA's provision of water and sewer service. The OWASA organizational chart may be viewed here. As you will see Orange County is nowhere in the organizational chart. You will also not find any indication whether through board minutes, notes, news reports, or any other source that Orange County - has any influence over OWASA's agenda,activities or operations. Another allegation is that Orange County sought grants from the EPA for the Efland and Buckhorn areas and intentionally refused to seek grants for the Historic Rogers Road area. This also is false. Neither Orange County nor the Orange County Planning and Inspections Department unilaterally sought grants from the EPA for the expansion of wastewater systems in the Efiand and Buckhorn communities. Congressman David Price earmarked funds in 2003[Consolidated Appropriations Resolution,2003, (P,L. 108-7)1 and 2005[Consolidated Appropriations Act,2005, (P.L. 108-447)1 for the aforementioned areas. Upon the funds becoming available the Orange County Planning and inspections Department followed guidelines set forth by EPA Region 4 for special appropriation projects("SPAP")to receive the grant awards including permission from the Orange County Board of Commissioners to pursue the earmarked/allocated wastewater grants, but did not formally apply for the earmarked funds. In 2004 the County retained an engineering firm to begin designs for the areas on which the SPAPs were • to be expended. In 2009 engineering design was still underway but no formal application had been made for the SPAP funds when the County was notified that unused SPAPs could be rescinded and/or forfeited if not formally applied for with the associated paperwork for receipt of funds. Due to the possibility of the funds becoming unavailable Orange County formally applied for the funds in 2010. Some additional information of which EPA staff may not be aware is as follows: Beginning last year,the Orange County Board of Commissioners.commissioned a task force comprising residents of the Rogers Road Area,Orange County Commissioners,Carrboro Aldermen,and Chapel Hill Town Council members to examine what could be done in the Rogers Road Area to assist the community. In the course of Its work I received notice of the EPA investigation: Upon my receipt of that notice I immediately advised the • Orange County Board of Commissioners that it should suspend any expenditure of funds in the Rogers Road Area until such time as the investigation is closed and we can determine what,if anything, EPA would demand of Orange County. Despite this,the task force has continued its work and is scheduled to present its recommendations to the county,and town governing bodies on November 21st. Among other things the task force is recommending the construction of a public community center and the extension of sewer lines in the Rogers Road Area. • The construction of a public community center in the area is proceeding. This project has been approved by the Orange County Board of Commissioners for an approximately 4000 square foot structure with a construction budget of up to$700,000. Initial bids have been rejected because those bids came in at - almost double the amount budgeted,however,the project is being re-bid. The extension of sewer lines represents a substantially larger investment of public dollars and for this reason in light of the open investigation I have continued to advise the Board of Commissioners to suspend consideration of the extension of sewer lines for so long as the investigation remains open. As - I'm sure you realize the reason for this recommendation is that Orange County could expend millions of ' • • 28 dollars in one area or on one project and the EPA,as a result of its investigation, could demand that an equal or greater amount of funds be spent-on another-area or project. This delay is not benefitting the Rogers Road Area and as I mentioned above is the result of an investigation that I believe the EPA will find Is based on a groundless complaint. The Orange County Board of Commissioners has taken positive steps in the last year to assist the Rogers Road Area. Prior to this investigation surfacing the Board of Commissioners was in the process of committing to expend funds on improvements in the area. -Based on the actions of the past year I am confident that absent this investigation all three local governments would be on the verge of approving the extension of sewer lines •and other projects in the Rogers Road Area. in order to allow this process to resume I request EPA either: 1)Immediately proceed with its investigation to some reasonable and speedy conclusion;or 2)Dismiss the complaint so that the local governments may proceed with the consideration and possible implementation of the task force recommendations; or 3) Encourage the complainants to withdraw their petition so that the local governments may proceed with consideration and possible implementation of the task force recommendations. - I am available to discuss the investigation at your convenience. Sincere y, • ex=46=-- , - •• John Roberts - Orange County Attorney • cc: Orange County Commissioners • • . Michael Talbert, Interim County Manager . Craig Benedict, Planning&Inspections Director • • • • • • • I • ATTACHMENT 4 29 ORANGE COUNTY ASSEMBLY OF GOVERNMENTS AGENDA ITEM ABSTRACT Meeting Date: ®ecebe 2012 Action Agenda Item No. 3 SUBJECT: Greene Tract Historical Information and Options DEPARTMENT: Solid Waste Management PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: A. Proposed Agenda for Greene Tract Frank Clifton, County Manager, 245- Work Session for April 29, 2008 2306 B. Abstract for Approval of Michael Talbert, Asst. County Manager, Recommendations from the Greene 245-2308 Tract Work Group dated December Gayle Wilson, Director, Solid Waste 10, 2002 Management, 968-2885 C. Greene Tract Reimbursement Schedule and Payment History for 104 Jointly Owned Acres PURPOSE: To provide historical information and discuss options for the 104 acres Greene Tract jointly owned by Orange County, Chapel Hill, and Carrboro. BACKGROUND: The Greene Tract (164 acres) was acquired in 1984 for $608,000 and came to Orange County as an asset in the Solid Waste Fund. As a result of the Inter Local Agreement, 60 acres of the Greene Tract was conveyed to Orange County for "Solid Waste management purposes". The Inter Local Agreement (amended April 12, 2000) provided for the three owning partners to determine, over a two-year period, the ultimate disposition of the remaining 104 jointly held acres. Attachment A provides a history of the Greene Tract from 1999 through 2008. Attachment B provides information regarding the last action taken by the Board of County Commissioners (BOCC) on December 10, 2002. Although there has considerable discussion about the future of the Greene Tract, no action has been taken by the BOCC since 2002. A Greene Tract Work Group that included representatives of all parties to the Inter Local Agreement began meeting in 2001 and presented Recommendations on March 21, 2002. A Greene Tract Work Group Resolution, making recommendation on the 104 acres jointly owned by Orange County, Chapel Hill and Carrboro, was approved by the BOCC on December 10, 2002 (see Attachment B —Abstract and Resolution). The remaining 60 acres of the Green Tract continues to be owned as an asset in the Solid Waste Fund. Over the past twelve years there have been many options discussed as to possible future uses of the 104 acres jointly owned by Orange County, Chapel Hill and Carrboro. Listed below are the options that have been explored: 30 1. The 104 acre tract should remain as open space to be protected by conservation easements. 2. Joint affordable housing could be planned for 18.1 acres and the remaining 85.9 acres would remain joint open space. 3. That acreage for affordable housing could be placed in the Land Trust. 4. CHCCS requested that part of the Greene Tract be reserved for a future elementary school site. 5. Rename the property to recognize headwaters of Bolin Creek, Booker Creek and Old Field Creek As a result of the Interlocal Agreement, 60 acres of the Green Tract was conveyed to Orange County for "solid waste management purposes". The Agreement further included a repayment mechanism to the Solid Waste Enterprise Fund, if the Green Tract were used for purposes other than solid waste. In October 2007 there was consensus that the financial reimbursement to the Solid Waste Fund would begin on July 1, 2008. Attachment C is a reimbursement schedule and payment history for the 104 acres jointly owned that was agreed to by Orange County, Chapel Hill and Carrboro. FINANCIAL IMPACT: There is no financial impact associated with the discussion of future options for the 104 acres of the Greene Tract. RECOMMENDATION(S): The County Manager recommends that the Boards receive the historical information and discuss options for the 104 acres of the Greene Tract jointly owned by Orange County, Chapel Hill, and Carrboro. ;74/7 -.22 /1°01/ 7. Regular Agenda a. Report and Recommendations from the County and Town Managers Regarding the Implementation of Improvements in the Historic Rogers Road Neighborhood The Board considered recommendations from the County and Town Managers regarding Rogers Road Sewer and Community Outreach to implement improvements in the Historic Rogers Road Neighborhood. Michael Talbert said it is a nice step to finally be moving forward with this item. He went through the various attachments included in the abstract. He said there was a report given to the board on November 21st that included the recommendations from the task force, and these are included in the packet. He said one of these recommendations was for the town and County managers to explore a collaborative approach to making this work. He said the managers have met and are moving forward with this, with the Board's approval, and the Town of Chapel Hill met on February 10th and approved this in a resolution. He said the managers, including the Town of Carrboro, have approved going forward with funding the engineering study for the Rogers Road sewer; and there is agreement on the proportionate funding of 43 percent for the County, 43 percent for the town of Chapel Hill, and 14 percent for Carrboro. He noted that this involves the 86 parcels that did not have sewer when this process was started. Michael Talbert reviewed the managers' recommendations as outlined below: 1. That the Cost associated with preliminary engineering for OWASA sewer infrastructure and community outreach is shared 14% Carrboro, 43% Chapel Hill and 43% Orange County. 2. That the County contract with OWASA for a preliminary engineering estimate to provide sewer to the 86 parcels identified by the Task Force not to exceed $130,000. The cost of the preliminary engineering will be shared with the Town of Chapel Hill and the Town of Carrboro. 3. That the County participates in community outreach partnering with organizations such as the Jackson Center and/or the Rogers Eubanks Neighborhood Association (RENA) to identify action steps needed to provide sewer service to the Rogers Road Neighborhood and lay the groundwork for a master plan for the development of the Rogers Road area (including the Greene Tract), not to exceed $50,000. Carrboro, Chapel Hill and the County will share in the cost of this outreach. 4. Consider a budget amendment of$77,400 (43% of$180,000)for the initial engineering and community outreach expected to take 8-10 months to complete. Michael Talbert said the preliminary report that OWASA will provide does not commit the Board to future actions, nor does it jeopardize the EPA investigation. He said the estimates of these costs do not put the Board in any type of commitment for future action. He said this will move toward a firm number of engineering costs and a clear picture of where the project could go. He said there are a lot of changes going on with community development block grant funds in North Carolina. He noted that Commissioner Dorosin alerted staff to the issue that the state was holding a meeting regarding possible allocation of$25 million. He said the information he described for the engineering study is part of the first steps in getting to the point of applying for this grant. He said two staff members attended the meeting on the 28th and he referenced the steps outlined in the memo below: it Date: March 3, 2014 To: Michael S. Talbert, Interim County Manager Commissioner Mark Dorosin From: Tara L. Fikes, Director Subject: CDBG Infrastructure Application cc: Orange County Board of Commissioners As you will recall, last Thursday Commissioner Dorosin shared with us information regarding an upcoming application workshop for the new CDBG Infrastructure Grant workshop sponsored by the NC Department of Environment and Natural Resources, the new administrators of this program. He noted that this could be a funding opportunity for the Rogers Road community. Thus, on last Friday, February 28th, James Davis and I attended this workshop in Raleigh to gather information about the program. The room was full at this first of three workshops to be held in the state so it is probably safe to surmise that there is lots of interest in this program around the state. The following is a summary of the information gleaned from this workshop and the critical decision points to be considered should the County wish to apply for these funds for the Rogers Road community. According to their program statement, "the purpose of the Infrastructure Program is to construct public water and sewer infrastructure to mitigate public and environmental health problems in areas where the percentage of low to moderate income persons is at least 51 percent." There is a total of$10 million available for applications submitted by April 1 and another$15 million available for applications submitted by May 1. The maximum award is $3 million dollars over a three year period. The type of wastewater projects allowable that matches most closely the needs in the Rogers Road community is a project that extends public sewer to areas with failed septic systems. With this in mind, below are the critical information needs that must be addressed when considering whether to prepare an application at this time. Budget The applicant (local government) must provide "match"funds that will be used for the I. pp ( 9 ) P house connections to the sewer lines and abandoning septic systems. (All houses in the area must be connected to a new system.) Connection funds can come from the applicant's enterprise fund. (Evidence of the commitment of funds must be included in the application.) II. The project budget must be sealed by a professional engineer. Documentation of cost effectiveness of the project is also required. Further, if the grant will not cover the complete project costs, the applicant must provide evidence of commitment of additional funding to meet the budget. (A project budget would need to be developed with funding sources identified and confirmed.) Priority Criteria I. Economic Need (75 points)—This criterion requires that the residential area served by the grant contain at least 51% low and moderate income households, consideration of the poverty rate of the County and the amount of the water/sewer bill relative to the median household income. (Census data, perhaps door-to-door surveys and the OWASA rate schedule will need to be reviewed to confirm compliance with this requirement.) II. Severity of Need (50 points)— For areas where there are failing septic systems, a map delineating the location of failed septic systems must be submitted. Also, there must be a letter from a registered soil scientist or a registered sanitarian verifying the failed septic systems. (To receive the maximum points in this category more than 20% of the systems must be failing. Less than 10% of the systems failing yield 30 points.) III. System Management (17 points)—The system serving the project area must have a Capital Improvements Plan (updated in the last two years) and and/or an Asset Management Plan that includes the proposed sewer project. The operating ratio should be greater than one. (Uncertain of the existence of these plans and the system's operating ratio.) Additionally, in my professional opinion all other requirements of the grant application can be met with the assistance of OWASA and perhaps GIS for mapping in time for the May 1 application deadline. This allows the opportunity for a public hearing on April 15 after the application is developed no later than April 5th. Nevertheless, the timeframe for application development is very short (one month), thus, direction is needed as soon as possible regarding the County's interest in pursuing this application. Should you wish to proceed, I am willing to work to develop this application for a May 1 submission. Michael Talbert said this is on a very fast track, and he noted the application due dates of April 1 and May 1. He said there are several things outlined in the memo, including the engineering study and confirmation of area demographics, which must be done in order to apply. He said the demographic study could be done through the Jackson Center and/or RENA. He noted the need for certification and mapping of failed septic systems. He said this must be planned for in the capital investment plan, and it must be in OWASA's plan. He hopes these steps can be completed this year in order to be in a good position to apply for this next year. He reviewed some of the manager recommendations. He said one of the concerns of the Carrboro Board was that everyone gets a chance to review the documentation, especially for the Jackson Group and RENA, to make sure that the scope of services is what everyone wanted. He noted that the CIP, which comes out in March, will include, in year 2, the potential to fund the sewer if everything is approved and the EPA concludes their investigation. Chair Jacobs said the joint agreement to operate the community center was recently approved, and he thanked Michael Talbert for helping to make this happen. Michael Talbert said the community center is currently out to bid, and staff hopes to bring the bid award back in April. Commissioner Rich asked for an explanation of the ETJ process. Michael Talbert said Rogers Road splits the unincorporated part of Orange County and the part that is in Carrboro in half. He said the Orange County unincorporated section could potentially be in a future Town of Chapel Hill ETJ. He said an initial public hearing has been held and continued. He said his feeling is that the town is waiting to get buy-in that everyone wants to move forward with this. He said the Chapel Hill town attorney has advised that the only way the town can participate is if this is part of the ETJ. He said town is pursuing this and will have to come back to the County for permission. Commissioner Rich thanked Commissioner Dorosin for bringing this information forward. She asked for clarification that it is too soon to do this now, but it will be done for next year's budget. Michael Talbert said yes. He said the sealed project budget estimate, which is pending approval tonight, will take up to 6 months to complete. Commissioner McKee asked the County attorney if there is any way to finesse the timing issue and apply for a hold on some of these funds. John Roberts said for some grants this is possible, but he does not know if that is the case for this particular grant. He can look into this. Michael Talbert said this is a small amount of money for a statewide grant. He said you really need shovel ready projects to complete this application. Commissioner Dorosin referred to the sheet and asked if it is not possible to do a May 1St submission. Michael Talbert said it is possible to do this, but there is a very slim chance of getting it. He said there are no plans in the CIP and no sealed engineering report. Commissioner Dorosin said he would argue for trying to apply. He said all of this funding is for water and sewer infrastructure. He said the County is going to need to do this anyway, and he thinks it is worthwhile since there is a contract with OWASA, and an engineering contract is expected. He said the website has an income eligibility map and the Orange County section shows Rogers Road as 71 percent to 80 percent low and moderate income, which meets the threshold. He thinks it is critical to apply, and then next year the County would have a shovel ready project. He said this would demonstrate to the community that the County is taking their sewer commitment seriously. He said there may be other grant projects that come up, and this will make the County more prepared and competitive. He thinks this may be another representation to the EPA that Orange County is committed to moving this project forward. He believes the engineering cost should be approved, and staff should be encouraged to move forward with this. Commissioner McKee agreed with Commissioner Dorosin about pushing for this May 1st deadline. He would also like to see if it is possible to place a hold on some of these funds. He would like to move forward as expeditiously as possible. Commissioner Gordon questioned how much work it would be for staff to move forward on this. Michael Talbert said he has not seen the documentation process, but he assumed that it would be fairly detailed and would require a public hearing to move forward. Commissioner Rich referred to the budget section on page 1. She asked about the statement that all houses in the area must be connected to the system. She asked if this meant people would be forced to connect to sewer. Michael Talbert said the Board will have the opportunity to draw the map that meets the criteria. He said the grant area may be smaller than 86 homes, depending on income levels. He said everyone within the area drawn will have to be connected. Commissioner Rich said at their last task force meeting only about 34 of the 86 homes wanted sewer. She said there is an assumption that everyone wants sewer, and she has concerns about this. She is not saying this shouldn't move forward, but she wants to keep the conversation open and allow residents to have a say on this. She asked if the wording means that this item must be in the CIP for 2013/14. Michael Talbert said this is the implication. He said it has to be in the existing CIP, and it must be funded, and neither of these things has been done. Commissioner Pelissier asked if the application with all of the details would be presented at the public hearing. Michael Talbert said staff would have to define the areas to be served; draw this on the map; do outreach; and provide cost estimates for infrastructure and connection. He said the outreach process would provide much of the information Commissioner Rich was asking about. Commissioner Pelissier asked if every household would need to be notified. Michael Talbert said he does not know at this point. Commissioner Pelissier said it would need to be made clear that this proposal would be a change to what was in the task force report regarding residents being required to be hooked up. Commissioner Price agreed with Commissioner Dorosin and Commissioner McKee and said she would like to apply for the funds. She said information can be pulled from other grants that have been done previously. She said the residents are just anxious to get the sewage out of their front yards. She said, as long as the hookups are being provided, it is more palatable. Michael Talbert said there was a similar application in 2011, and 9 homes were hooked up to sewer and water. He said some of the same documentation could be used to recycle a similar application. Commissioner Price said she was referring to the census information and other descriptive information. She said Tara Fikes' office may have some of this information. Commissioner Gordon said it seems more prudent to give staff time to review the application to see what can be done. She said if staff starts the process of looking into it, no time will be lost. She said the only honest thing to do is to admit that this is not in the CIP, and this will lose 17 points. She said it seems that staff should be asked to look at this and come back in 5 days at the March 11th meeting with a recommendation of what can be realistically done. Chair Jacobs said Tara Fikes is retiring at the end of March, in the middle of this process. He said there needs to be assurance from the manager that there are sufficient staff members who are knowledgeable enough to execute this. Michael Talbert said, given that there are 20 days to work on this prior to Tara Fikes' retirement, he feels relatively confident that most of the application could be completed before she leaves. Chair Jacobs agreed that this should move forward. He also agrees that every single person who might be affected should be notified and given an opportunity to speak at the public hearing on April 15th, before there are irrevocable decisions made on their behalf. . Chair Jacobs referred to page 4 and the reference to Rogers Road neighborhood. He asked if it should be implied in every situation that references to Rogers Road refers to the historic area. Michael Talbert said yes. Chair Jacobs noted that the final report talks about a broader service area, and he wants it made clear that this is not what is being discussed. He mentioned the 60 acres that the County owns, and he suggested that the Jackson Group look at this area as a low impact recreation amenity for the Rogers Road and surrounding communities. He said there are trails through it anyway, but it could be made to be a more visible, valuable and developed recreational amenity. Chair Jacobs asked how this application process and the CIP and funding commitment will affect the EPA investigation. John Roberts said that the County is not committed until the grants funds are actually expended. He is confident that Orange County is going to emerge from the EPA situation in a positive light and he has received word that the investigation has been concluded. He feels it is safe for the County to proceed with this application. Commissioner Gordon moved the manager's recommendation and suggested the following addition: 5. They direct the manager to investigate the feasibility of this application and to report back to them at a work session on March 11th There was no second. Commissioner Dorosin noted that the CDBG funds are not scheduled to be awarded until July. He said he thinks it is possible to include this in the plan. A motion was made by Commissioner Dorosin, seconded by Commissioner McKee to: 1. Negotiate a cost sharing agreement with the Town of Chapel Hill and Town of Carrboro for a preliminary engineering estimate to provide sewer to the 86 parcels identified by the Task Force not to exceed $130,000 based on the Task Force recommendation; 2. Negotiate a contract with OWASA for a preliminary engineering estimate to provide sewer to the 86 parcels identified by the Task Force not to exceed $130,000; 3. Negotiate a contract and/or participation in a Historic Rogers Road community outreach with RENA and other partners they identify _- - - *-: • - =- -• - _-- - - -- -- '= • - - - to identify action steps to provide sewer service to the Historic Rogers Road Neighborhood and lay the groundwork for a master plan; and 4. Approve Budget Amendment#5-B appropriating $77,400 (43% of$180,000)from General 5. To instruct the manager to prepare CDBG application for submission by the May 1st deadline. This motion changed bullet number 3 of the Manager's recommendation, as shown above, and added bullet#5. Commissioner Rich asked why the Board would eliminate the Jackson Center from the motion if the task force has identified and voted for them. Commissioner Dorosin said he is not eliminating them, but he thinks RENA should be the party to select the organizations. He said the Jackson Center could be one of those. Commissioner Rich asked how this affects the $50,000 that was already approved by Chapel Hill for the Jackson Center participation. Commissioner Dorosin said Carrboro did not approve that$50,000. Michael Talbert said if the motion is approved as stated, it would have to go back to Chapel Hill and Carrboro before it proceeds. Commissioner Gordon said she would like to amend item #3 in the motion to read as it was stated in the original recommendation. Commissioner Dorosin said he does not accept this. Michael Talbert said the resolution from the town is on page 25, and it does not specify the Jackson Center. Commissioner Gordon said she would like to restore the language in bullet#3, and she proposed a substitute motion to include this language. She noted that this will prevent the other jurisdictions from having to revisit it. Commissioner McKee seconded. Commissioner Rich questioned whether this would have to go back to Chapel Hill if Commissioner Dorosin's motion is approved. Michael Talbert said it would still have to go back to Carrboro, because they have not given approval yet. He said Carrboro wants to make sure RENA is involved in the decisions, and he said the resolution from Chapel Hill does not exclude RENA. Commissioner Rich reviewed the verbiage regarding partnerships and said Orange County would be negotiating with RENA or the Jackson Center. Michael Talbert said yes and other parties also. VOTE to include Commissioner Gordon's amendment. Ayes, 3 (Commissioner McKee, Commissioner Gordon, Commissioner Rich); Nays, 4 (Chair Jacobs, Commissioner Pelissier, Commissioner Price, Commissioner Dorosin). Motion fails Commissioner Gordon asked for a review of the motion. Chair Jacobs reviewed the following motion: 1. Negotiate a cost sharing agreement with the Town of Chapel Hill and Town of Carrboro for a preliminary engineering estimate to provide sewer to the 86 parcels identified by the Task Force not to exceed $130,000 based on the Task Force recommendation; 2. Negotiate a contract with OWASA for a preliminary engineering estimate to provide sewer to the 86 parcels identified by the Task Force not to exceed $130,000; 3. Negotiate a contract and/or participation in a Historic Rogers Road community outreach with RENA and other partners they identify : - - •'e • • - - •e'- - -- -= - Center and RENA to identify action steps to provide sewer service to the Historic Rogers Road Neighborhood and lay the groundwork for a master plan; and 4. Approve Budget Amendment#5-B appropriating $77,400 (43% of$180,000)from General Fund Unassigned Fund Balance for the initial engineering and community outreach expected to take 8-10 months to complete. 5. Direct Michael Talbert to prepare CDBG application by May 1St deadline VOTE: UNANIMOUS Commissioner Gordon said she voted for this motion because she wanted to show her support for this agenda item. She thinks it is a mistake to remove the Jackson Center. Chair Jacobs said the Board has found in the past, with trying to get grants for parks and open space, that there are almost no other applicants; so he is hopeful this will be successful and can be used for other neighborhoods, as well as for Rogers Road.