HomeMy WebLinkAboutAgenda - 04-28-2005-ASSEMBLY OF GOVERNMENTS
AGENDA ITEM ABSTRACT
Meeting Date: April 28, 2005
SUBJECT: Assembly of Governments Discussion Items
DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
As noted in "Background" section Rod Visser or Greg Wilder, ext 2300
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To discuss topics of mutual interest among the governing boards of Orange
County and the Towns of Carrboro, Chapel Hill, and Hillsborough.
BACKGROUND:
1. Discussion of Common Issues (written documents provided where necessary)
A. OWASA Issues
1) Update on Hunting on OWASA-owned Lands and Wildlife Resources Commission
Current Position
A condition of the permitting process (US Corps of Engineers 404 permit was the overarching
permit) far the construction of OWASA's Cane Creek dam and impounding the reservoir was
that OWASA purchase 500 acres of land to mitigate the loss of wildlife habitat that would be
inundated by the reservoir. Accordingly, OWASA purchased an approximately 500-acre tract in
the portion of the Cane Creek watershed lying within Bingham Township. The 404 permit
required that OWASA allow the reservoir property -but not the mitigation property - to be open
to the public far hunting. Correspondence between OWASA and the Wildlife Resources
Commission (WRC) at the time of reservoir planning and development implied that the
mitigation land would also be open to the public far hunting. However, neither the reservoir nor
the mitigation lands has ever opened for hunting.
Over the last several years, there have been a number of ongoing discussions involving
OWASA, the Intergovernmental Parks Workgroup (IPW) and the NC Wildlife Resources
Commissioner (WRC) about the use of the mitigation land for passive park uses (hiking, etc.)
and for hunting as well as potential management alternatives. OWASA indicated a willingness
to allow the mitigation land -but not the reservoir land - to be used, developed or managed to
provide for both hunting and passive recreational uses that can be managed without cost to
OWASA and that are consistent with proper (and safe) watershed protection and wildlife
conservation practices.
After initial agreement in principal between OWASA and WRC staff to prohibit hunting on
reservoir property and to allow limited hunting on the mitigation tract (to be managed and
enforced by WRC staff), the WRC has indicated it intended to initiate hunting programs on both
the reservoir and mitigation properties in the fall of 2005, OWASA continues to appose any
hunting on the reservoir property or allowing more than the initially proposed archery and
muzzleloader hunting on the mitigation tract and is supported in this position by Orange County.
OWASA will be discussing this matter again at its board meeting on April 28, 2005 (see
attached agenda material) and potentially detailing a formal response to W RC's recent position,
Attachment 1-A-1a - 4/28/05 OWASA Agenda Materials
Attachment 1-A-1b - 4/8/Q5 NC Wildlife Resources Commission Letter to OWASA
2) Update on Utility Assessment Policy
Until 1999, OWASA had a utility extension reimbursement policy that essentially provided for a
reimbursement (over aten-year period) of an applicant's/developer's incremental costs of
upsizing water and sewer lines (beyond the basic size required to provide service to a particular
development or project) as necessary to provide for additional and orderly development of the
utility systems, The source of fimding for these reimbursements was front footage (fronting on
the utility line[s]) and acreage assessment fees applied to other utility customers who connected
to the utility systems extended and financed by the applicant /developer, This policy did not
allow the applicant/developer to recover any casts for minimally sized water or sewer lines. In
1999, OWASA stopped calculating assessment fees based on acreage and front footage and
began basing its fees on home size (square footage) or water meter size (non-residential use).
The revised fee calculation process was based on OWASA's findings that larger water meters
and larger homes represented greater water use and wastewater generation than that of
smaller meters and homes and thus represented a correspondingly greater portion of the
demand on and capacity of the infrastructure, During approximately the same period, OWASA
found that there was a relatively low demand for reimbtrsements under its then current
reimbursement policy, As the primary tool for generating reimbursement funds was eliminated
with the adoption of the meter and home size based fee policy, OWASA also eliminated its
reimbursement policy,
Both Orange County and the Town of Chapel Hill, facing potentially significant costs for
extending OWASA utility infrastructure to serve government/taxpayerfunded projects, have
requested that OWASA consider reinstating a utility extension reimbursement policy. OWASA
has generally declined to reinstate the previous reimbursement policy on the basis of numerous
difficulties involved in reconciling previous and existing fee policies, but has offered (by way of
an attached March 23, 2005 letter) to discuss an alternative policy of funding utility extensions
by assessment. An assessment funded extension project would provide a process in which
project expenses would be apportioned to project beneficiaries (land and property owners) prior
to actual initiation of project construction,
Attachment 1-A-2 - 3/23/Q5 Reimbursement Policy Letter from OWASA Executive
Director Ed Kerwin
B, Transportation Issues
1) Update on Smith Level Road Project
For several years, there have been discussions between the North Carolina Department of
Transportation (NCDOT) and the Town of Carrboro regarding the scope of the proposed
widening of Smith Level Road between Morgan Creek and Rack Haven Road, Town of
Carrboro Transportation Planner Dale McKeel has provided a memorandum and other
materials for this item, On April 18, 2005, NCDOT proposed two options far consideration by
the Town Of Carrboro. The purpose of this agenda item is to discuss the two options proposed
by NCDOT.
Attachment 1-8-1 - 4/22/05 Update on Smifh Level Road Project Memorandum and
Materials from Town of Carrboro Transportation Planner Dale
McKeel
2) Homestead/High School Roads Sidewalk Development Update
The NCDOT Division 7 Engineer met with members of the Homestead and High School Roads
Safety Task Force on April 11, 2005, to explain the current status of the project to construct
sidewalks on the north side of Homestead Road from High School Road to Rogers Road and
on Rogers Road from the existing sidewalk at Glenbrooke subdivision to Homestead Road.
1. NCDOT has not included the sidewalks in the two-year (2004 - 2005) NC
Moving Ahead program, which has now been extended to three years
because of budget issues,
2, There are no funds programmed for the sidewalk project. NCDOT would fund
the highway project in the NC Moving Ahead program in FY 2006, if that
program is continued. NCDOT will not know if the NC Moving Ahead program
will be continued past the original two years,
Orange County Transportation Planner Karen Lincoln has provided further information in a
memorandum along with other materials detailing the history of this project and the current
discussions,
Attachment 1-8-2a - 4/25/05 Homestead/High School Roads Sidewalk Development
Memorandum from Orange County Transportation Planner Karen
Lincoln
Attachment 1-8-2b -Brief Background on Homestead and High School Roads Safety
Task Force
Attachment 1-B-2c -Draft Meeting Notes from Homestead and High School Roads Task
Force Meeting on April 11, 2005
3) Priority Projects
In March of this year, local jurisdictions in Orange County approved lists of priority
transportation projects to request for inclusion in the North Carolina Department of
Transportation (NCDOT) 2007-2013 State Transportation Improvement Program (STIP), Staff
from Orange County and its municipalities are currently working with staff from the Durham-
Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO) to develop the regional
list of transportation priority projects to discuss with NCDOT for inclusion in the STIP.
The recently released Draft 2006-2012 State Transportation Improvement Program indicates
that many projects have been delayed, and very few projects have been added. The deadline
for public comment/input into the Draft 2006-2012 STIP is June 3`d, Orange County
jurisdictions may wish to discuss strategies for handling the process in light of the shortened
timeframe for reviewing the Draft 2006-2012 STIP and developing the local supplement while
simultaneously preparing regional requests for the 2007-2013 STIP.
No Attachments
C. Solid Waste Issues
1) Status of Regulated Recyclables Materials Ordinance
Orange County adopted the Regulated Recyclable Materials Ordinance (RRMO) in 2002 for the
purpose of increasing waste reduction in Orange County, particularly with regard to construction
and demolition waste. The ordinance requires:
• That applicants for new construction obtain a recyclable material permit,
• That haulers of certain materials obtain a recyclable material hauler license.
That mandatory recycling requirements be complied with through on-site materials
separation or by delivering commingled materials to a certified recycling facility that
has the capability to properly sort the necessary recyclable materials.
The Towns of Carrboro and Hillsborough also adopted the ordinance so that it could be
enforced within those jurisdictions. Presently, the Town of Chapel Hill has not yet adopted the
ordinance,
No Attachments
2) Solid Waste Advisory Board (SWAB) -Three Year Comprehensive Plan Update
Process
The Solid Waste Advisory Board (SWAB) is presently involved in a process to review the
current Solid Waste Management Plan in light of concerns expressed by the Town of Chapel
Hill, and to a lesser extent the Town of Carrboro, Pursuant to state regulations, the Plan must
be revised and readopted every three years. The process (attached) that has been established
for reevaluating the current Plan includes the formation of a SWAB Work Group consisting of
SWAB members and elected officials from each of the four jurisdictions who are parties to the
Interlocal Agreement along with a representative from the University. The appointees to date
include:
• Barry Jacobs, Orange County
• Mark Chilton, Carrboro
• Brian Lowen, Hillsborough
• Jim Alty, University of North Carolina
• Nomination Pending, Chapel Hill
Attachment 1-C-2 -Orange County Solid Waste Management Plan Reconsideration/
Review Process
5
3) Interlocal Agreement -History, Update and Summary of Responsibilities of Parties,
including Payments Required
The Town of Chapel Hill has recently received a number of recommendations from a consulting
firm (Maximus Inc,) that was retained to scrutinize current Town spending and operations,
According to local media accounts, one of the recommendations was to cease commercial
garbage collection within the Town. While the Town has apparently made no final decision on
this recommendation, some questions have been raised regarding how such a recommendation
could be implemented consistent with the Interlocal Agreement. The AOG meeting may provide
an opportunity for the Town of Chapel Hill to update the group on this issue and how it may or
may not relate to the Interlocal Agreement.
No Attachments
D, Impact of Development in Chatham, Durham and Alamance Counties near Orange
County Line
General comments have been made during the last several months regarding the substantial
residential development proposed in northern Chatham County in close proximity to the Orange
County line, A concern has been noted that the future residents of these Chatham County
developments will likely place additional pressure on nearby parks and recreation and other
facilities located in Orange County, Recognition of this possibility as well as beginning initial
discussion of any potential actions to address this impending, long term issue as it relates to
Chatham County development may be worthwhile, Discussion of the potential for similar impact
from development in Durham and Alamance counties may also be appropriate,
No Attachments
E, School Resource Officers
Pursuant to ongoing collaboration discussions between County and schools officials, the
employment and funding of School Resource Officers (SROs) was raised in Summer 2004, In
an October 2004 meeting, the County Manager and staff met with representatives of the
Sheriff's Department, municipal police departments, and the two school systems to review what
the present structures are for the provision of SROs and whether there is something else or
different that needs to be done and that jurisdictions want to do. The consensus during this
meeting was that functionally, it is best for jurisdictions to provide law enforcement officers as
SROs in the schools within those jurisdictions, Law enforcement officers know the students and
the community, and the connections between SROs and kids often extend well beyond school
hours.
Chapel Hill-Carrboro City Schools (CHCCS) has SROs at both high schools, at all 4 middle
schools, and has an additional SRO who splits time between Carrboro and McDougle
Elementary Schools, The Town of Carrboro provides and funds the McDougle SRO as well as
the SRO split between the elementary schools. CHCCS now funds the SROs at the other
schools with a 2004-05 budgetary impact of $288,000. These SROs are provided as
employees of the Town of Chapel Hill, but the Town no longer provides funding for these
officers..
Orange County Schools (OCS) has SROs at both .high schools, both middle schools, at Efland-
Cheeks Elementary, and at the alternative school. These officers are all provided by the
Orange County Sheriffs Department.. OCS has budgeted payments to the Sheriffs Department
of about $180,000 for these officers for 2004-05. While the Town of Hillsborough does not
provide SROs, Hillsborough Community Policing Officers spend nearly 1300 hours annually in
various educational and support roles to the Orange County Schools,
No Attachments
2. Jurisdictional Updates and Presentations
A. Orange County (Items should be addressed with existing written materials and/or
written updates where possible and augmented through questions at meeting, if any)
1) SportsPlex Acquisition Update
At their March 15, 2005 meeting, the Orange County Commissioners adopted the
accompanying "RESOLUTION OF INTENT TO PURSUE ACQUISITION OF THE TRIANGLE
SPORTSPLEX PROPERTY". Staff negotiations with representatives of Eaton Vance, the
current owner of the SportsPlex, are underway,
Aftachment 2-A-1- 3/15/05 Board of County Commissioners Resolution
2) Update on Orange County Comprehensive Plan Land Use Element
Orange County Planning Staff recently completed four Information Sharing Sessions to receive
additional public input on Staffs recommendations far the Update, These Sessions were a
follow-up to Township Meetings that were conducted during the spring of 2004, Staffs
recommendations focus on air and water quality issues and techniques to protect these
valuable resources, Orange County Planning Staff will be prepared at the meeting to provide a
brief update on recent activities related to the Land Use Element Update including:
• Public outreach activities;
• Orange County/Town of Hillsborough Urban Transition Area Task Force;
• Efland/Mebane Small Area Plan; and
• Next steps toward public hearings on the Land Use Element Update..
No Aftachments
3) Twin Creeks Park Update
Orange County Environment and Resource Conservation Director David Stancil has provided a
memorandum with an update regarding the Twin Creeks Park project,
Aftachment 2-A-3 - 4/26/05 Twin Creeks (Moniese Nomp) District Park and Educational
Campus Memorandum from ERCD Director David Stancil
4) Orange County Animal Shelter and Animal Services Advisory Board Update
On March 31, 2005, County staff presented its Six Month Progress Report (July 2004 -
December 2004) on Animal Shelter operations. The report, provided as an informational tool,
acknowledged the following outcomes:
• The charge of the Animal Shelter Operations Task Force has been fulfilled -
Recommend Organizational Structure and Provide Operational Guidance
• Given the outstanding commitment of the County management team, a seamless
transition of Shelter operation from APS to the County took effect on July 1, 2004
• The Shelter has on-board an experienced, motivated and t7exible staff of trained
professionals
• Accountability, transparency, and responsiveness to the public have improved
• Relations with community stakeholders, including APS, have stabilized and/or
improved
• The County is developing the requisite internal knowledge and inventory of
operating and financial assumptions on which to evaluate future budget
projections
A copy of the organizational summary and two of the supplemental attachments are included
for your review and reference, The other attachment, the Orange County Animal Shelter
"Transition Operations Procedure Manual", is a lengthy document and can be found on the
Orange County Animal Shelter web page of Orange County government web site under the
heading "Operations Manual". A hard copy is also available upon request,
County staff is currently analyzing budget projections for animal services provided under
contract to the Towns of Chapel Hill (Animal Control and Emergency Animal Rescue Service
(EARS)) and Carrboro (EARS) and will be conveying that information to the Towns for their
budget development purposes shortly.
The BOCC has not finalized its appointments to the Animal Services Advisory Board, A status
report from the Clerk's Office on the potential make-up of the Board is also attached.
Aftachment 2-A-4a -Orange County Animal Shelter Six-Month Progress Report
Organizational Summary
Attachment 2-A-46 -Animal Services Advisory Board Potential Make-Up
5) Durham Tech Satellite Campus Update
The closing for the property for the Orange County Campus of Durham Technical Community
College was completed and filed with the Register of Deeds Office on April 15, 2005, as
scheduled. The Waterstone project was subsequently sold to the Stratford Group, an
experienced community developer with several active projects in the United States, one of
which includes Alexander Place next to Brier Creek in Raleigh.
Further, interviews have now been completed and County staff would anticipate that the
architect for the new campus will be announced by Durham Tech representatives later this
month.
The facility is on track far completion by the Fall 2007 semester,
No Attachments
6) Others
Participants at the meeting may have an interest in other Orange County projects for which
County staff can provide brief updates or respond to questions as necessary.
No Attachments
B. Hillsborough (Items should be addressed with existing written materials and/or written
updates where possible and augmented through questions at meeting, if any)
1) Water Resources Availability Update
Water resources and the ability to serve needs in the Hillsborough service area in the fixture has
been a continuing topic of discussion, and Town of Hillsborough staff can provide any update
available at the meeting and/or respond to any comments or questions as necessary,
No Attachments
2) Others
Participants at the meeting may have an interest in other Town of Hillsborough projects for
which Town of Hillsborough staff can provide brief updates or respond to questions as
necessary.
No Attachments
C. Chapel Hill (Items should be addressed with existing written materials and/or written
updates where possible and augmented through questions at meeting, if any)
1, Southern Community Park Update
Orange County Recreation & Parks Director Lori Taft has provided a memorandum with an
update regarding the Southern Community Park project.
Attachment 2-C-1- 4/22/05 Southern Community Park Update from County Recreation
& Parks Director Lori Taft
2. Homestead Aquatics Center Development Update
Orange County Recreation & Parks Director Lori Taft has provided a memorandum along with
copy of slides detailing an update regarding the Homestead Aquatics Center project.
Attachment 2-C-2 - 4/22/05 Homestead Aquatics Center Update from County
Recreation & Parks Director Lori Taft
3. Post Office Courtroom Building Plans Update
This item will provide an opportunity for the Town of Chapel Hill to share the recommendations
of the consultant and citizen budget committee regarding the disposition of certain town-owned
buildings.
No Attachments
4, Others
Participants at the meeting may have an interest in other Town of Chapel Hill projects for which
Town of Chapel Hill staff can provide brief updates or respond to questions as necessary,
No Attachments
D, Carrboro (Items should be addressed with existing written materials and/or written
tapdates where possible and augmented through questions at meeting, if any)
1) Park Projects
Participants at the meeting may have an interest in park projects involving the Town of Carrboro
and Town of Carrboro staff can provide brief updates or respond to questions as necessary.
No Attachments
2) Others
Participants at the meeting may have an interest in other Town of Carrboro projects for which
Town of Carrboro staff can provide brief updates or respond to questions as necessary.
No Attachments
E, Rotation of Assembly of Governments Meeting Planning
For the last several years, Orange County staff have taken the lead in developing materials for
Assembly of Governments meetings based on input from all fourjurisdictions and direction from
the Chair of the Board of Commissioners. The possibility of rotating the lead in developing the
materials for Assembly of Governments meetings between the four governmental entities has
been voiced. A discussion of this potential rotation may be worthwhile,
No Attachments
FINANCIAL IMPACT: There is no direct financial impact associated with discussion of these
topics, There are no action items requiring formal Board decisions.
RECOMMENDATION(S): The Manager recommends that the Boards discuss the topics listed
and provide appropriate direction to the respective staffs,