HomeMy WebLinkAboutAgenda 03-01-22; 8-g - 2022 Amendment to Interlocal Agmt with Towns Related to the Historic Rogers Rd Area Private Sewer Service Lateral Connection Installations 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 1, 2022
Action Agenda
Item No. 8-g
SUBJECT: 2022 Amendment to Interlocal Agreement with Towns of Chapel Hill and
Carrboro Related to the Historic Rogers Road Area Private Sewer Service
Lateral Connection Installations for Qualified Low-to-Moderate-Income (LMI)
Homeowners — Cost Share
DEPARTMENT: Planning & Inspections
ATTACHMENTS: INFORMATION CONTACT:
1. Proposed 2022 Amendment to Interlocal Craig Benedict, Planning Director,
Agreement for Approval Consideration 919-245-2592
(amendments are highlighted in yellow) Christopher Sandt, Staff Engineer,
919-245-2583
PURPOSE: To consider approval of a proposed 2022 amendment to an existing Interlocal
Agreement between Orange County, the Town of Chapel Hill, and the Town of Carrboro to
jointly fund the costs of private sewer service lateral connection installations for qualified Low-to-
Moderate-Income (LMI) homeowners in the Historic Rogers Road sewer service area. The
proposed 2022 amendment primarily relates to adding preamble language to the previously
amended 2020 Interlocal Agreement to expand the potential number of Historic Rogers Road
Area properties that may be eligible to receive public financial support to cover the capital costs
of private sewer lateral connections.
BACKGROUND: The recently constructed Historic Rogers Road Area gravity sewer system is
a public system owned by Orange County and operated by the Orange Water and Sewer
Authority (OWASA). The general contractor for the sewer expansion project installed
approximately 108 sewer service stub-outs/clean-outs to lots within the Historic Rogers Road
sewer service area. The design and construction of the Historic Rogers Road Area gravity
sewer system was initiated based on the recommendations contained within the Historic Rogers
Road Neighborhood Task Force Final Report dated September 17, 2013. The 67-page Report
is available on-line at https://www.townofchapelhill.org/home/showdocument?id=25341. The
costs associated with the design and construction of the gravity sewer system were shared
between Orange County, the Town of Chapel Hill, and the Town of Carrboro as specified in an
Interlocal Agreement entered into on December 13, 2016.
Orange County, in partnership with the Towns of Chapel Hill and Carrboro, will be providing joint
funding to cover the costs of private sewer service lateral connection installations, septic tank
abandonments and payments of OWASA sewer system development fees for qualified LMI
homeowners of existing dwellings located on Heritage Lots within the Historic Rogers Road
sewer service area. The costs associated with private sewer service lateral connection
installations for qualified LMI homeowners were shared between Orange County, the Town of
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Chapel Hill, and the Town of Carrboro as specified in a separate Interlocal Agreement entered
into on July 1, 2019.
The sewer lateral connection installation cost-share Interlocal Agreement was amended in 2020
to incorporate minor revisions based on a joint collaborative review effort by the Rogers Road
Staff Working Group. The 2020 amendment to the Interlocal Agreement was entered into on
June 4, 2020, subsequent to previous reviews and approvals by the BOCC and the Towns'
respective Councils.
To date, eight (8) new sewer service lateral connections have been installed for qualified LMI
homeowners using the funding mechanism established under the cost-share Interlocal
Agreement. Orange County, the Town of Chapel Hill, and the Town of Carrboro intend to
continue this initiative by extending the timeline of the current cost-share Interlocal Agreement.
The proposed 2022 amendment to the Interlocal Agreement (Attachment 1) will nullify and
replace the previously amended 2020 Interlocal Agreement that was executed on June 4, 2020.
The overall cost share percentages within the Interlocal Agreement will remain unchanged (i.e.
14% Carrboro, 43% Chapel Hill, 43% Orange County). The proposed 2022 amendment to the
Interlocal Agreement is identical to the previously amended 2020 Interlocal Agreement that was
executed on June 4, 2020, with the exception of the following items:
1. Additional WHEREAS clauses have been incorporated to accommodate the amendment;
2. A reference to the appropriate Orange County Capital Investment Plan (CIP) account
(#10054) has been added;
3. The TERM AND TERMINATION date has been extended from June 30, 2023 to June 30,
2025.
The proposed amendments are highlighted in yellow within Attachment 1. Town of Carrboro
staff is presenting the 2022 amendment to the Interlocal Agreement for review and approval by
Town Council at the March 8, 2022 Town Council Meeting. Town of Chapel Hill staff is
presenting the 2022 amendment to the Interlocal Agreement for review and approval by the
Town Council at the March 9, 2022 Town Council Meeting. The 2022 amendment to the
Interlocal Agreement will be executed by all three parties subsequent to collective approvals by
the BOCC, Carrboro Town Council, and Chapel Hill Town Council.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal
impacts are applicable to this item:
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• ENERGY EFFICIENCY AND WASTE REDUCTION
Initiate policies and programs that: 1) conserve energy; 2) reduce resource consumption;
3) increase the use of recycled and renewable resources; and 4) minimize waste stream
impacts on the environment.
• RESULTANT IMPACT ON NATURAL RESOURCES AND AIR QUALITY
Access and where possible mitigate adverse impacts created to the natural resources of
the site and adjoining area. Minimize production of greenhouse gasses.
This proposed 2022 amendment to the Interlocal Agreement to jointly fund the costs of private
sewer service lateral connection installations for qualified Low-to-Moderate-Income (LMI)
homeowners in the Historic Rogers Road sewer service area will encourage homeowners to
move forward with connecting to the public sewer system, thereby reducing the use of both
failing and functioning private septic systems which could potentially have impacts on the
groundwater and other community natural resources.
FINANCIAL IMPACT: There is adequate existing Planning & Inspections staff and Housing &
Community Development staff to complete the responsibilities enumerated in the proposed
2022 amendment to the Interlocal Agreement (Attachment 1). The installation of private sewer
service lateral connections will occur over the next three years (2022, 2023, 2024), commencing
upon the adoption of the proposed amendment to the Interlocal Agreement and upon the
solicitation of competitive bids from qualified licensed plumbers to complete the private sewer
service lateral connection installation work. Orange County has budgeted funds in the
associated Capital Investment Plan (CIP #10054) to fund this program, with the expectation of
reimbursement by the Towns, as detailed in the Interlocal Agreement. If Planning & Inspections
staff determines that the costs of private sewer service lateral connection installations for LMI-
qualified Heritage Lot homeowners may exceed the allocated budget, the staff will present a CIP
amendment to the BOCC for consideration.
RECOMMENDATIONS: The Manager recommends the Board:
1) Review and approve the proposed 2022 amendment to the Interlocal Agreement
(Attachment 1) and authorize the County Manager and Finance Director to sign; and
2) Direct staff to move forward with implementation by completing the responsibilities listed
in Article 4 of the proposed 2022 amendment to the Interlocal Agreement contained in
Attachment 1.
Attachment 1 4
NORTH CAROLINA
ORANGE COUNTY
2022 REVISED INTERLOCAL AGREEMENT BETWEEN AND AMONG ORANGE
COUNTY AND THE TOWNS OF CARRBORO AND CHAPEL HILL REGARDING THE
REIMBURSEMENT OF COSTS FOR INSTALLATION OF PRIVATE SEWER
SERVICE LATERAL CONNECTIONS FOR LOW-TO-MODERATE INCOME
HOMEOWNERS OF HERITAGE LOTS WITH EXISTING DWELLINGS IN THE
ROGERS ROAD SEWER PROJECT AREA
THIS 2022 REVISED INTERLOCAL AGREEMENT, made and entered into this
day of March, 2022 between and among the Towns of Carrboro and Chapel Hill, both
North Carolina municipal corporations (hereinafter jointly referred to as the "Towns"),
and Orange County, a political subdivision of the State of North Carolina (hereinafter
referred to as the "County"), for reimbursement to the County by the Towns for the
County's expenditures for the installation of private sewer service lateral connections for
low-to-moderate income homeowners of Heritage Lots with existing dwellings in the
Rogers Road Sewer Project Area (hereinafter referred to as "LMI Heritage Lot
Households"). County and Towns may be referred to collectively as the "Parties". This
2022 Revised Interlocal Agreement supersedes and replaces the Interlocal Agreement
between the Parties entered into as of July 1, 2019 and the Revised Interlocal
Agreement between the Parties entered into as of June 4, 2020.
WITNESSETH
WHEREAS, the Parties entered into an Interlocal Agreement on July 1, 2019,
hereinafter referred to as the "Original Agreement"; and
WHEREAS, the Parties entered into a Revised Interlocal Agreement on June 4, 2020,
hereinafter referred to as the "2020 Revised Agreement"; and
WHEREAS, the Parties have determined that it is necessary to enter into a 2022
Revised Interlocal Agreement to replace and supersede the Original Agreement and the
2020 Revised Agreement; and
WHEREAS, the County and Towns are public bodies, politic and/or corporate, under
the laws of the State of North Carolina and are vested with the power and authority by
Article 20 of North Carolina General Statute Chapter 160A to enter into this 2022
Revised Interlocal Agreement (hereinafter referred to as the "Agreement"); and
WHEREAS, the Historic Rogers Road Neighborhood Task Force Report (dated
September 13, 2013) identified 86 parcels in the Rogers Road Sewer Project Area as
Heritage Lots, as defined and shown in exhibits therein; and
WHEREAS, representatives of the County and Towns have previously agreed in
principle that the total number of Heritage Lots in the Rogers Road Sewer Project Area
Page 1 of 10
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has been reduced from 86 Heritage Lots to 84 Heritage Lots, due to lot configuration
and engineering feasibility corrections that were completed subsequent to the release of
the Historic Rogers Road Neighborhood Task Force Report; and
WHEREAS, representatives of the County and Towns have previously agreed in
principle that 65 of the 84 Heritage Lots in the Rogers Road Sewer Project Area had
existing dwellings located on the respective Heritage Lot parcels concurrent with the
release date of the Historic Rogers Road Neighborhood Task Force Report (based on
the evaluation of March 2013 aerial imagery), and have identified within Exhibit A herein
the 65 "Heritage Lots With Pre-Existing Dwellings"; and
WHEREAS, the 65 Heritage Lots in the Rogers Road Sewer Project Area with existing
dwelling units may have household income levels at or below 80% of the area median
income as defined by U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, representatives of the County and Towns have previously agreed in
principle to jointly fund the installation of private sewer service lateral connections for
the 65 Heritage Lots with existing dwellings and with household income levels at or
below 80% of the area median income (LMI Heritage Lot Households) to the public
sewer system; and
WHEREAS, in 2022, representatives of the County and Towns have previously agreed
in principle that there are "Potentially Serviceable Lots" as defined within Exhibit A
herein that may have existing dwellings and may have household income levels or
below 80% of the area median income as defined by the U.S. Department of Housing
and Urban Development (HUD); and
WHEREAS, in 2022, representatives of the County and the Towns have previously
agreed in principle to jointly fund the installation of private sewer service lateral
connections for "Potentially Serviceable Lots" with existing dwellings and with
household income levels at or below 80% of the area median income (LMI Heritage Lot
Households) to the public sewer system; and
WHEREAS, as defined in the following schedule, the timeline for joint funding coverage
will begin after the execution of this Agreement by all Parties and upon the County's
receipt of a valid dated application from the LMI Heritage Lot Household: Year 1 and
Year 2 (100% cost coverage); Year 3 (50% cost coverage); Year 4 and beyond (0%
cost coverage); and
WHEREAS, representatives of the County and Towns have previously agreed in
principle that the County will solicit competitive bids from licensed local plumbing
contractors, and will select the lowest responsive and responsible bidder for the
installation of private sewer service lateral connections for LMI Heritage Lot
Households; and
Page 2 of 10
6
WHEREAS, the County has pre-allocated $220,000 as part of the Historic Rogers Road
Area Capital Investment Program (CI P) #10054 for the installation of private sewer
service lateral connections for LMI Heritage Lot Households wishing to connect, to be
reimbursed by the Towns, in part, in accordance with this Agreement; and
WHEREAS, the County's expenditures for the installation of private sewer service
lateral connections for LMI Heritage Lot Households will include the cost of installation
by the lowest responsive and responsible bidder of the private sewer service lateral and
associated appurtenances (i.e. from the existing sewer service stub-out at the property
line to the household to be served), the cost of disconnecting and abandoning the
existing septic system per County standards, the Orange Water and Sewer Authority
(OWASA) sewer system development fee, and all other applicable fees; and
WHEREAS, the total number of LMI Heritage Lot Households wishing to connect within
the specified three-year period for joint funding (i.e. Year 1, Year 2, Year 3) and the
exact cost for each LMI Heritage Lot Household wishing to connect are unknown at this
time due to the variable sizes of the dwellings to be served, the variable distances
between the dwellings and the public sewer service stub-outs, and other specific
characteristics of each lot; and
WHEREAS, representatives of the County and Towns have previously agreed in
principle on an educated estimate of ten (10) LMI Heritage Lot Households wishing to
connect within Town of Carrboro jurisdictional areas within the specified three-year
period for joint funding (i.e. Year 1, Year 2, Year 3) and on an educated estimate of
fifteen (15) LMI Heritage Lot Households wishing to connect within Town of Chapel Hill
jurisdictional areas within the specified three-year period for joint funding (i.e. Year 1,
Year 2, Year 3); and
WHEREAS, representatives of the County and Towns have previously agreed in
principle that each LMI Heritage Lot Household wishing to connect within Year 1 and
Year 2 following the execution of this Agreement will have an estimated 100% coverage
joint funding cost of approximately $8,800 per LMI Heritage Lot Household; and
WHEREAS, representatives of the County and Towns have previously agreed in
principle that each LMI Heritage Lot Household wishing to connect within Year 3
following the execution of this Agreement will have an estimated 50% coverage joint
funding cost of approximately $4,400 per LMI Heritage Lot Household; and
WHEREAS, the County and Towns desire to formally establish the terms of the Towns'
reimbursements to the County for the installation of private sewer service lateral
connections for LMI Heritage Lot Households connections.
NOW, THERFORE, in consideration of the foregoing and based on mutual promises
and obligations set forth herein, the receipt and sufficiency of which is hereby
acknowledged, the County and Towns agree as follows:
Page 3 of 10
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1. TERM AND TERMINATION
a. This Agreement shall commence upon execution by all Parties and shall
continue until all reimbursements are paid in full with such payment in full
occurring no later than June 30, 2025.
b. The Original Agreement is hereby superseded and replaced by this
Agreement.
c. The Town of Carrboro shall provide payment to the County up to 14% of the
current total project estimate, or $30,800, whichever is less, plus any
financing costs (up to 3 percent annually) incurred by the County for the
installation of LMI Heritage Lot Household sewer connections within the
Town of Carrboro's jurisdiction unless mutually agreed by both the Town of
Carrboro and the County. These payments are for the installation of up to ten
(10) LMI Heritage Lot Household sewer connections within the Town of
Carrboro's jurisdiction. The Town of Carrboro shall, within thirty (30) days of
receipt of a County generated invoice, reimburse the County for the Town of
Carrboro's respective share of the total principal and interest associated with
the installation of LMI Heritage Lot Household sewer connections within the
Town of Carrboro's jurisdiction.
d. The Town of Chapel Hill shall provide payment to the County of up to 43% of
the current total project estimate, or $94,600, whichever is less, plus any
financing costs (up to 3 percent annually) incurred by the County for the
installation of LMI Heritage Lot Household sewer connections within the
Town of Chapel Hill's jurisdiction unless mutually agreed by both the Town of
Chapel Hill and the County. These payments are for the installation of up to
fifteen (15) LMI Heritage Lot Household sewer connections within the Town
of Chapel Hill's jurisdiction. The Town of Chapel Hill shall, within thirty (30)
days of receipt of a County generated invoice, reimburse the County for the
Town of Chapel Hill's respective share of the total principal and interest
associated with the installation of LMI Heritage Lot Household sewer
connections within the Town of Chapel Hill's jurisdiction.
e. If overall participation by LMI Heritage Lot Households exceeds the $220,000
pre-allocated by the County, the County will request additional funds and this
Agreement will be amended so as to adjust Sections 1-4 accordingly, subject
to funding availability and approval by governing boards of the Parties.
f. This Agreement may be renewed or amended upon written agreement of the
Parties.
Page 4 of 10
8
2. TOTAL COSTS
Item Carrboro Chapel Hill County Cost Total Cost
Cost Cost
Carrboro Lots
(10 LMI
Heritage Lot
Household $30,800 $0 $57,200 $88,000
connections
within Carrboro
jurisdiction)
Chapel Hill Lots
(15 LMI
Heritage Lot
Household $0 $94,600 $37,400 $132,000
connections
within
Chapel Hill
jurisdiction
TOTALS $30,800 $94,600 $94,600 $220,000
(14% of total) (43% of total) (43% of total) (100°/x)
3. RESPONSIBILITIES OF TOWNS
a. As provided in Section 1c above, the Town of Carrboro is responsible for up
to 14% of the current total project estimate, or $30,800, whichever is less.
The Town of Carrboro shall, within thirty (30) days of receipt of a County
generated invoice, reimburse the County for the Town of Carrboro's
respective share of the total principal and interest associated with the
installation of LMI Heritage Lot Household sewer connections within the
Town of Carrboro's jurisdiction.
b. As provided in Section 1 d above, the Town of Chapel Hill is responsible for
up to 43% of the current total project estimate, or $94,600, whichever is less.
The Town of Chapel Hill shall, within thirty (30) days of receipt of a County
generated invoice, reimburse the County for the Town of Chapel Hill's
respective share of the total principal and interest associated with the
installation of LMI Heritage Lot Household sewer connections within the
Town of Chapel Hill's jurisdiction.
c. The Town of Chapel Hill's funding contribution shall be used for the benefit of
low and moderate income residents, as defined by HUD, residing within the
Town of Chapel Hill's Extraterritorial Jurisdiction (ETJ).
Page 5 of 10
9
d. The Towns shall pay their full agreed upon obligation as set out in this
Section 3 within thirty (30) days of receipt of the County's invoice.
e. The Towns shall have no further obligation for the cost of maintenance or
repair of the private sewer laterals installed with the assistance of their
funding, it being agreed by the Parties that the private sewer laterals and all
associated work pursuant to this agreement shall upon completion belong to
and be the responsibility of the private resident/homeowners.
4. RESPONSIBILITIES OF COUNTY
a. The County shall issue an informal request for proposals (RFP) so as to
solicit competitive bids from licensed local plumbing contractors for the
installation of private sewer service lateral connections for LMI Heritage Lot
Households. The County will formally award the private sewer service
lateral connection installation work for LMI Heritage Lot Households to the
lowest responsive and responsible bidder.
b. Contracts for the installation of the private sewer lateral connections and
associated work shall clearly state that neither the County nor the Towns
shall have any financial responsibility or liability beyond providing the
financial assistance and arranging for payment to the contracted plumbers
(other than any permitting or inspections responsibilities they may have in
their governmental capacities). Said contracts shall provide that the
contracting plumbers shall indemnify and hold harmless the Parties for any
and all claims arising out of the contracting plumbers' work for the LMI
Heritage Lot Households.
c. The County is responsible for up to 43% of the current total project estimate
as shown in Section 2 above, or $94,600 whichever is less.
d. The County shall invoice the Towns for the specified reimbursement amounts
and/or percentages as shown in Section 3. This invoice will be in the form of
a single invoice upon the conclusion of the services contemplated in Section
1 and Section 2 within the respective jurisdiction of each Town and said
invoice shall be accompanied by a written statement indicating those services
have concluded.
5. THIRD PARTY RIGHTS
Nothing in this Agreement is intended to create, grant, or convey rights in or to any
third party. Nothing herein is enforceable by any third party and the rights of the
parties hereto to terminate or amend this Agreement are not subject to the consent
of any third party.
6. ENTIRE AGREEMENT
Page 6 of 10
10
This Agreement constitutes the entire Agreement of the Parties hereto and is
effective the date first above recorded.
[Signature Page to Follow]
Including pre-audit certificates for all Parties.
Page 7 of 10
11
2022 REVISED INTERLOCAL AGREEMENT BETWEEN AND AMONG ORANGE
COUNTY AND THE TOWNS OF CARRBORO AND CHAPEL HILL REGARDING THE
REIMBURSEMENT OF COSTS FOR INSTALLATION OF PRIVATE SEWER
SERVICE LATERAL CONNECTIONS FOR LOW-TO-MODERATE INCOME
HOMEOWNERS OF HERITAGE LOTS WITH EXISTING DWELLINGS IN THE
ROGERS ROAD SEWER PROJECT AREA
In witness whereof, the Parties, by and through their authorized agents, have hereunder
set their hands and seals as of the day and year first above written.
This instrument has been pre-audited in the
manner required by the Local Government
Budget and Fiscal Control Act.
Manager, Orange County Finance Director, Orange County
ATTEST
By:
Clerk
Page 8 of 10
12
2022 REVISED INTERLOCAL AGREEMENT BETWEEN AND AMONG ORANGE
COUNTY AND THE TOWNS OF CARRBORO AND CHAPEL HILL REGARDING THE
REIMBURSEMENT OF COSTS FOR INSTALLATION OF PRIVATE SEWER
SERVICE LATERAL CONNECTIONS FOR LOW-TO-MODERATE INCOME
HOMEOWNERS OF HERITAGE LOTS WITH EXISTING DWELLINGS IN THE
ROGERS ROAD SEWER PROJECT AREA
In witness whereof, the Parties, by and through their authorized agents, have hereunder
set their hands and seals as of the day and year first above written.
This instrument has been pre-audited in the
manner required by the Local Government
Budget and Fiscal Control Act.
Manager, Town of Carrboro Finance Director, Town of Carrboro
ATTEST
By:
Clerk
Page 9 of 10
13
2022 REVISED INTERLOCAL AGREEMENT BETWEEN AND AMONG ORANGE
COUNTY AND THE TOWNS OF CARRBORO AND CHAPEL HILL REGARDING THE
REIMBURSEMENT OF COSTS FOR INSTALLATION OF PRIVATE SEWER
SERVICE LATERAL CONNECTIONS FOR LOW-TO-MODERATE INCOME
HOMEOWNERS OF HERITAGE LOTS WITH EXISTING DWELLINGS IN THE
ROGERS ROAD SEWER PROJECT AREA
In witness whereof, the Parties, by and through their authorized agents, have hereunder
set their hands and seals as of the day and year first above written.
This instrument has been pre-audited in the
manner required by the Local Government
Budget and Fiscal Control Act.
Manager, Town of Chapel Hill Finance Director, Town of Chapel Hill
ATTEST
By:
Clerk
Page 10 of 10
14
Historic Rogers Road Sewer Expansion
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