HomeMy WebLinkAboutAbstract for Joint Meeting Discussion Items 1
ORANGE COUNTY BOARD OF COMMISSIONERS
HILLSBOROUGH BOARD OF COMMISSIONERS
JOINT MEETING
AGENDA ITEM ABSTRACT
Meeting Date: February 17, 2025
SUBJECT: Joint Meeting Discussion Items
DEPARTMENT: County Manager/Town
Manager/County
Planning/Town
Planning/County Environment,
Agriculture, Parks &
Recreation/County
Transportation Services/
County Asset Management
Services
ATTACHMENT(S): INFORMATION CONTACT:
As noted in "Background" section Travis Myren, 245-2300; Eric Peterson,
296-9421; Matt Efird, 296-9423; Cait
Fenhagen, 245-2300; Cy Stober, 245-2575;
Perdita Holtz, 245-2575; Shannan
Campbell, 296-9477; David Stancil, 245-
2510; Alan Dorman, 245-2625; Nish
Trivedi, 245-2007; Greg Wilder, 245-2300
PURPOSE: To discuss topics of mutual interest between the governing boards of Orange
County and the Town of Hillsborough.
BACKGROUND:
1. Interlocal Planning Agreements — History and Background
Orange County and its municipalities, including the Town of Hillsborough, have a long,
successful history of joint planning, coordination, and interlocal agreements. Interlocal
plans and agreements currently in effect to which the Town is also a party include:
• Central Orange Coordinated Area • Capacity Use Agreement for the Eno
(COCA) (2006 — first phase) River (1988)
• Courtesy Review Agreement (2003) • Water and Sewer Management,
Planning, and Boundary Agreement
(WASMPBA) (2001)
• Utility Services Agreement for • Schools Adequate Public Facilities
Economic Development District south Ordinance (SAPFO) Memorandum of
of 1-40 (2017) Understanding (2003)
Two additional interlocal agreements to be discussed are:
• Interlocal Agreement for Building Permit Administration
• Interlocal Agreement for Stormwater and Erosion Control
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These plans and agreements have been central to Hillsborough's Comprehensive
Sustainability Plan 2030 (adopted 2023) and to the County's Land Use Plan 2050
process currently underway and anticipated for adoption in the first half of 2026.
Additionally, Orange County has a long-standing (1986/87) joint plan and agreement with
the Towns of Carrboro and Chapel Hill that, among other things, established the Rural
Buffer. The boundary of the Rural Buffer abuts some areas of joint planning with the
Town of Hillsborough.
County and Town staff will provide a presentation at the meeting to succinctly summarize
these agreements.
The Boards can discuss issues related to this item as necessary, and staff will be
available at the meeting.
No Attachments
2. History and Status of Contracted Services (Permitting, Fire Marshal, Tax
Collection)
The Town of Hillsborough (Town) and Orange County (County) have historically worked
together in a number of service areas to provide cooperative services to residents of the
Town. By contracting with the Town to provide certain services, the County is able to take
advantage of certain economies of scale to deliver the services at an overall lower cost to
residents. The purpose of this item is to remind both boards of the various contractual
arrangements between the Town and County, raise awareness of future renewal
timelines, and provide a forum to discuss the sufficiency of current contracts and other
options for future collaboration.
The attached "Matrix of Town/County Agreements" includes a summary of the existing
agreements and copies of the current agreements associated with: Fire Marshal services,
Animal Control, Stormwater Fee billing & collections, Building Permits & Inspections,
Solid Waste & Recycling and Erosion Control. In addition to those agreements, the
County has long provided property tax billing and collection services on behalf of the
Town. Finally, in 2022 the Town repealed its Minimum Housing Code and authorized
Orange County to enforce the County's minimum housing standards within Town limits,
but there is no specific contract for those services. North Carolina General Statute
(NCGS) 160D-202(f) allows for the County to perform this service upon the request of the
Town, so no formal agreement may be required.
The Boards can discuss issues related to this item as necessary, and staff will be
available at the meeting.
Attachment 2— Town of Hillsborough - Orange County Contracted Services
3. Updates on Town Water & Sewer Capacity and Land Use Planning
The Town adopted a new Comprehensive Sustainability Plan in 2023 that in part, studied
how the town could and should grow based on its water and sewer capacities and smart
growth principles. This plan included recommendations to reduce the town's urban
3
service boundary, increase density in the urban core and prevent sprawl, and align the
town's future land use plan with the recommended development/growth areas included in
the comprehensive plan. Doing these things will necessitate updates/changes to the
town's agreement(s) with the County (and other Orange County jurisdictions) for the
Water and Sewer Management, Planning and Boundary Agreement (WASMPBA),
Central Orange Coordinated Area (COCA) Land Use Plan, and potentially other joint
planning agreements. Similarly, Orange County has embarked on an update to their
Comprehensive/Land Use Plans that may have implications for Hillsborough. Staff and
Board members from both jurisdictions would benefit from some joint conversations on
how both jurisdictions are planning to grow/change in the future and how this might
impact either jurisdiction.
The Boards can discuss issues related to this item as necessary, and staff will be
available at the meeting.
Attachment 3— Water& Sewer Capacity and Land Use Planning Update
4. Plans for Fairview Park — Update on Landfill and Project Planning & Connection to
Fairview Activate Plan
The Fairview Landfill is a closed, pre-regulatory landfill (PRLF) that was owned and
operated by the Town of Hillsborough from the early 1940's to approximately 1975.
PRLF's include any land area that was used for municipal solid waste disposal prior to
January 1, 1983. The landfill is an unlined facility that encompasses approximately 21
acres located in the Fairview Park neighborhood, north of Torain Street and west of North
Carolina Highway 86. Based on the most recent delineation, approximately 17.7 acres of
the waste disposal area is located on property owned by Orange County and 3.3 acres of
the waste area is located on property owned by the Town of Hillsborough.
PRLF's across North Carolina were unlined and unregulated receiving facilities and
therefore could contain hazardous waste, medical waste, and/or asbestos-containing
materials. There was no prior record keeping performed for the Fairview facility as to
quantity and types of waste, however studies have shown a mixture of white goods,
glass, metal, tires, construction debris, and automotive parts throughout the site.
Contaminated soils, exposed hazardous materials, contaminated groundwater,
hazardous and/or explosive vapors are all typical risks associated with PRLF's, therefore
a complete assessment was necessary to ensure the safety of our Hillsborough
community.
In 2017, Orange County began working with the Pre-Regulatory Landfill Program at the
North Carolina Department of Environmental Quality (NCDEQ) to conduct a remedial
investigation of the Fairview Landfill. Studies conducted through this program are fully
reimbursable to the local government by NCDEQ, so Orange County contracted with
S&ME Inc., an environmental consulting firm from Raleigh, NC, to conduct this
investigation on their behalf. The data collection process has been a multi-year one, but
the investigation is nearing completion. A recent Hillsborough Landfill (NONCD0000483)
Remedial Investigation Work Summary (included in Attachment 4a) was produced by Zi-
qiang Chen, an Environmental Engineer at NCDEQ, is all the work that has been
completed thus far.
The Boards can discuss issues related to this item as necessary, and staff will be
available at the meeting.
4
Attachment 4a — Fairview Landfill Information
Attachment 4b — Memorandum - Improving Recreational Opportunities in Fairview Park -
February 2025
Attachment 4c— Fairview Youth in Action Overview
5. Train Station Update & Hillsborough Station Transit Oriented Development (TOD)
Partnership Opportunities (Including Grant Efforts)
The Town of Hillsborough (Town) owns approximately 19.6 acres of property between
Gold Hill Way and the North Carolina Railroad (NCRR) tracks near the entrance to the
Collins Ridge Neighborhood. The entire property is being referred to as "Hillsborough
Station", which encompasses the train station and the future development surrounding it.
The Town has spent several years in the planning and design process to develop an
approximately 8,000 square foot net-zero-ready passenger rail station that would also
include Town offices and meeting space. The project has zoning and site plan approval,
and is working towards a preliminary engineering agreement with NCRR to submit plans
for review.
The train station project will require about 4.7 acres of the Town's property. After
deductions for streets, sidewalks, landscaping, buffers, stormwater, etc. — there will be a
little over 9.5 acres remaining for development. In the Town's Comprehensive
Sustainability Plan, a goal was established to set aside one-third of the remaining site for
the development of affordable housing. In September 2023, the Town Board of
Commissioners received an update on concept-level planning for the remaining site,
which is included in the attached presentation. The Town has funded a market study to
further develop potential layouts and uses of the site, which will be completed in FY26.
At the concept level, the Town has reserved a site near the train station for "civic use" —
currently an undefined term. There has been some interest in potential partnerships for
that space, including but not limited to a multi-modal transportation center (MMC) and a
performing arts venue. Orange County staff has engaged a consultant to work on a
RAISE/BUILD grant application', which is being supported by Town staff and also
includes coordination with multiple local and regional stakeholders including Piedmont
Authority on Regional Transportation (PART), Burlington-Graham Metropolitan Planning
Organization, Central Pines Regional Council, Link Transit, Orange County, North
Carolina Department of Transportation Division and Integrated Mobility Division and
Triangle West Transportation Planning Organization (TWTPO)2. As the site will already
be served by passenger rail and will be adjacent to the new Ridgewalk Greenway, it may
make sense to add additional transportation amenities to the Hillsborough Station site.
The discussions of potential arts/performing arts uses have been very informal and
neither the Town or County boards have expressed official support for either use.
The Boards can discuss issues related to this item as necessary, and staff will be
available at the meeting.
Attachment 5— Hillsborough Station Transit Oriented Development
1 Prior to January 2025,the program was named Rebuilding American Infrastructure with Sustainability and Equity(RAISE).As
part of the Trump Administration agenda,the program reverted to the previous name of Better Utilizing Investments to
Leverage Development(BUILD).
2 Formerly known as DCHC-MPO
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6. Update on Crisis Diversion Facility
The County is negotiating with a local developer to purchase a property near UNC
Hospital's Hillsborough campus to build a one-story, 22,000-square-foot Crisis Diversion
Facility. The property has already been zoned for hospital use as part of a larger
approved master plan, and a preliminary site plan has been provided to the Town of
Hillsborough for its review. The facility will house 12 bays for behavioral health urgent
care services and 16 beds for facility-based crisis services. The County has partnered
with CPL, a leading architecture firm, to design the facility. A construction manager at risk
will be used for procurement, with the County issuing a request for qualifications (RFQ)
on January 7, 2025 and a final selection to be made in March 2025.
The facility is currently in the design phase, and construction documents are expected to
be submitted for permitting by August 2025. Construction will begin in October 2025, and
the facility is expected to open in November 2026.
The Boards can discuss issues related to this item as necessary, and staff will be
available at the meeting.
No Attachments
RECOMMENDATION(S): The Managers recommend the Boards discuss the topics listed
above and provide appropriate direction to the respective staffs.
Town of Hillsborough-Orange County Contracted Services 6
Service Provided Effective Date Current Term End Remaining Renewals Compensation
Fire Marshal Services 7/1/2021 6/30/2026 3 5-year terms remaining $89,200 plus county retention of fees(—$20,000)
Animal Control 7/1/2024 6/30/2025 Annual renewal $85,272
Stormwater Fee Billing&Collection 7/1/2016 6/30/2026 "Upon written agreement of the Parties" 3%of collections—$22,500 in FY24
Building Permits&Inspections 5/5/2015 12/31/2026 15-year term remaining.Extended 12/31/16 and 12/31/21 County retains permit fees
Erosion Control 10/1/2012 N/A Until"town petitions...for its own"Local Program"" County retains permit fees
Minimum Housing Code 1/10/2022 N/A N/A N/A-no written agreement adopted
Solid Waste&Recycling 12/30/2018 N/A In effect until terminated by written agreement I County retains Solid Waste Programs Fee,Town pays tipping fee for landfill use
DocuSign Envelope ID:72EOAF26-A8D1-4E47-A860-E8482E8BDD6E
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North Carolina
Orange County
INTERLOCAL AGREEMENT BETWEEN ORANGE COUNTY AND TOWN OF
HILLSBOROUGH FOR THE FIRE PREVENTION SERVICES OF PLAN REVIEW,
PERMITTING, INSPECTIONS,AND RELATED SERVICES
TO BE PERFORMED BY THE
ORANGE COUNTY FIRE MARSHAL DIVISION OF THE
DEPARTMENT OF EMERGENCY SERVICES
This is an Interlocal Agreement, made and entered into by and between Orange County,
(hereinafter referred to as "County"), and the Town of Hillsborough, (hereinafter referred to as
"Town"), (collectively referred to as "Parties") shall have an effective date as of the date on
which it is executed by County.
WHEREAS, this Agreement is entered into pursuant to North Carolina General Statutes
§§ 160d-202 and 1102, which permits the Town to request the Board of County Commissioners
to direct one or more County fire inspectors to conduct fire prevention services within the Town's
jurisdiction.
WHEREAS, County maintains the Department of Emergency Services which includes a
Fire Marshal Division that conducts fire prevention services, including inspections, plan review and
inspections, issues permits, enforces the fire codes, authorizes facilities and capital
improvements, retains administrative records and provides other support services relating to the
Building Division operations (hardware and software) for the County, and
WHEREAS, the Town desires to procure the services of the County's Emergency
Services' Fire Marshal Division to perform fire protection services for plan examinations,
permitting and inspection services within the municipal and extraterritorial jurisdictional (ETJ)
boundaries of the Town, as it exists now and as it may change from time to time; and
WHEREAS, County, through said Fire Marshal Division, is willing to perform such
services pursuant to the terms and conditions hereafter set forth.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual terms, conditions,
promises, covenants, and payments hereinafter set forth, County and Town agree as follows:
ARTICLE 1—SCOPE OF SERVICES
1.1. Beginning July 1, 2021, Town hereby authorizes the County to enforce, all applicable
North Carolina State Building Codes and the Town Code related to fire safety and fire prevention
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DocuSign Envelope ID:72EOAF26-A8D1-4E47-A860-E8482E8BDD6E
within the Town of Hillsborough and its extraterritorial zoning jurisdiction.
1.2. The County shall perform the above Services through its Fire Marshal Division, or any
successor division/department that the County Manager may designate.
1.3 The County shall perform the Services listed in this Article and shall charge appropriate
fees for such Services as set out in the Orange County Fee Schedule, and as it may be amended
from time to time.
ARTICLE 2— RESPONSIBILITIES OF TOWN OF HILLSBOROUGH
2.1 The Town will amend its Code of Ordinances to align with the North Carolina Fire
Prevention Code, as it may be amended from time to time. It is both parties' intent that any
local amendments adopted by the County will also be adopted by the Town, to the extent that
the amendment is applicable to Town.
2.2 The Town will include the Fire Marshal Division staff in the internal and technical
review of proposed developments, as described in its Unified Development Ordinance.
23 The Town shall provide annual permit activity and growth projections to the County in the
same manner that the information is provided to the Town Board and/or the Building Inspections
office to assist in communication and workflow planning.
2.4 The Town shall provide information sessions to the Fire Marshal Division staff regarding
utility operations that impact fire inspections and fire safety, including but not limited to,
procedures for bringing new water lines into service and how testing may impact availability for
use during inspections.
ARTILCE 3—RESPONSIBLITIES OF ORANGE COUNTY
3.1 The County will continue the inspection schedule established by the Town prior to this
Agreement so inspected facilities will not see a markedly different inspection schedule,
consistent with the occupancy.
3.2 The County will invite the Town to participate in the hiring process when an inspector
serving the Hillsborough community is being selected.
ARTICLE 4—COMPENSATION
4.1. Permits shall be issued by the County in accordance with the fees charged by the
County; as such,fees may be amended from time to time. All fees shall be based on the approved
Orange County Fee Schedule to provide the Services set forth in this Agreement. County shall
retain all fees collected from inspections, permit applications, and plan review.
4.2 Fiscal Year 2021 — 2022 Costs. The total compensation Town shall pay to the County for
Interlocal Agreement between Orange County
and Town of Hillsborough for Fire Prevention Services
May 11,2021
2
DocuSign Envelope ID:72EOAF26-A8D1-4E47-A860-E8482E8BDD6E
9
Fiscal Year 2021-2022 shall be One Hundred Thirty-Four Thousand Four Fifty-Two Hundred dollars
and 00/100 ($134,452).
4.2.1. Employee Costs. In recognition of the volume of work required in the Town's
jurisdiction and its impact to the current workload in the County Fire Marshal Division, the Town
shall pay the County$75,952,which is equal to the annual salary, benefits,and recurring expenses
for an experienced Assistant Fire Marshal within the county's current pay and classification
system.
4.2.2. Vehicle Costs. The Town shall make a one-time payment of$58,500 to cover non-
recurring vehicle and equipment expenses for one FTE.
4.3 Annual Costs. After the first year, the Town and County shall reevaluate the costs and
revenues associated with this service annually during each jurisdiction's budget process. By
January 31 of each year for that fiscal year, the County shall provide to the Town:
4.3.1 Projected annual expenses and projected revenues received from business
enterprises in the Town limits and ETJ. If revenue growth exceeds the annual expense increase,
the annual fixed payment will remain unchanged. If expense growth exceeds revenue growth,the
Town will increase the payment to an amount not to exceed 5% of the original amount or the
actual change, whichever is less; and
4.4 Vehicle Replacement Costs. After the first year,the Town shall provide an annual payment
to the County equal to 1/5 of the purchase price of a vehicle, based on the standard vehicle
assigned to county staff conducting inspections. For Fiscal Year 2022-23, the amount shall be
$9,000.
4.5 The payment agreement in paragraph 4.2, 4.3, and 4.4 is considered the base agreement
and is subject to change upon agreement by the Town Manager and County Manager if a
deviation is needed to continue the agreement.
ARTICLE 5—TRANSFER OF PERSONNEL
5.1 The Town will transfer the current Town Full Time Employee performing Fire Prevention
services to the County. The Employee will become a County employee subject to the authority of
the County Manager and the Orange County Personnel Ordinance, Chapter 28, Orange County
Code of Ordinances.
5.2 The Parties acknowledge that it is an important objective of this Agreement that the
Employee's current total compensation package be maintained at a substantially equivalent level
through their transfer to the County. However, the combination of salary and benefits may
change. The Parties recognize that all compensation components to the Employee after the
transfer will be subject to changes in salaries and benefits in the same fashion as other County
Interlocal Agreement between Orange County
and Town of Hillsborough for Fire Prevention Services
May 11,2021
3
DocuSign Envelope ID:72EOAF26-A8D1-4E47-A860-E8482E8BDD6E
10
employees. The County and Town will develop a detailed schedule comparing the total pre-
transfer and post-transfer compensation for the Employee.
ARTICLE 6— EFFECTIVE DATE AND TERM OF INTERLOCAL AGREEMENT
6.1. This Agreement shall become effective upon execution by the BOTH PARTIES and shall
continue in full force and effect until midnight,June 30, 2026, unless sooner terminated by either
party as provided for herein. The Interlocal Agreement will automatically renew for three (3)
additional five-year terms unless either party notifies the other party in writing of its intention
not to renew at least 180 days prior to expiration of the then-current term.
6.2. This Agreement shall remain in full force and effect until it expires or through the
termination date or any extended termination date, as set forth above or in Article 9 —
Termination below.
6.3 The County will begin taking actions under this agreement on July 1, 2021.
ARTICLE 7—GOVERNMENTAL IMMUNITY
The Town will indemnify and hold the County harmless from all claims,demands or actions
whatsoever arising from the County's provision of services under this Agreement unless the same
results from the intentional or negligent conduct of the County. It is the intent of this Section that
the Town indemnifies the County to the fullest extent permitted by law.
ARTICLE 8— INSURANCE
The County and the County's employees performing services pursuant to this Agreement
are insured to the extent permitted by law. The parties acknowledge and represent that the
Agreement does not create an obligation on part of the County to insure the Town or employees
of the Town for actions relating to or undertaken in accordance with this Agreement.
ARTICLE 9—TERMINATION
Either party may terminate this Interlocal Agreement, with or without cause, by
providing notice to the other party of termination in writing at least 180 days prior to the effective
date of termination. This Interlocal Agreement may also be terminated by court order upon the
finding that there has been substantial breach of this Interlocal Agreement by the non-
complaining party so as to entitle the complaining party to be relieved of its obligations under
this Interlocal Agreement.
ARTICLE 10— NOTICES
Any and all notices given or required under this Agreement shall be in writing and may
be delivered in person or by United States mail, postage prepaid, first class and certified, return
receipt requested, addressed as follows:
Interlocal Agreement between Orange County
and Town of Hillsborough for Fire Prevention Services
May 11,2021
4
DocuSign Envelope ID:72EOAF26-A8D1-4E47-A860-E8482E8BDD6E
11
To County: Bonnie Hammersley
Orange County Manager
P.O. Box 8181
Hillsborough, N.C. 27278
With copy to: Kirby Saunders
Orange County Emergency Services Director
P.O. Box 8181
Hillsborough, N.C. 27278
To Town: Eric Peterson
Hillsborough Town Manager
P.O. Box 429
Hillsborough, N.C. 27278
With copy to: Margaret Hauth, AICP
Hillsborough Assistant Town Manager/Planning Director
P.O. Box 429
Hillsborough, N.C. 27278
ARTICLE 11— MISCELLANEOUS PROVISIONS
10.1. ASSIGNMENT: County shall perform the selected Services provided for in this Agreement
exclusively and solely for the Town which is a party to this Agreement. Neither party shall
have the right to assign this Agreement.
10.2. WAIVER: The waiver by either party of any failure on the part of the other party to
perform in accordance with any of the terms or conditions of this Agreement shall not be
construed as a waiver of any future or continuing similar or dissimilar failure.
10.3. SEVERABILITY: The invalidity of any provision of this Agreement shall in no way affect
the validity of any other provision.
10.4. ENTIRE AGREEMENT: It is understood and agreed that this Agreement incorporates and
includes all prior negotiations,agreements or understandings applicable to the matters contained
herein and the parties agree that there are no commitments, agreements or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any
prior representations of agreements, whether oral or written.
10.5. MODIFICATION: It is further agreed that no modifications, amendments or alterations in
the terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
Interlocal Agreement between Orange County
and Town of Hillsborough for Fire Prevention Services
May 11,2021
5
DocuSign Envelope ID:72EOAF26-A8D1-4E47-A860-E8482E8BDD6E
12
10.6. CHOICE OF LAW; WAIVER OF JURY TRIAL: Any controversies or legal disputes arising
out of this transaction and any action involving the enforcement or interpretation of any rights
hereunder shall be submitted to the jurisdiction of the State courts of the State of North Carolina,
seated at Orange County, North Carolina, and governed by the laws of the State of North
Carolina. To encourage prompt and equitable resolution of any litigation that may arise
hereunder, each party hereby waives any rights it may have to a trial by jury of any such litigation
and will submit to bench trial.
10.7. DRAFTING: This Agreement has been negotiated and drafted by all parties hereto and
shall not be more strictly construed against any party because of such party's preparation of this
Agreement.
10.8. RECORDING: This Agreement may be recorded in the public records of Orange County, in
accordance with the North Carolina General Statutes.
[SIGNATURE PAGE TO FOLLOW]
Interlocal Agreement between Orange County
and Town of Hillsborough for Fire Prevention Services
May 11,2021
6
DocuSign Envelope ID:72EOAF26-A8D1-4E47-A860-E8482E8BDD6E
13
SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal Agreement
Between Orange County and Town of Hillsborough for selected Services to be Performed by the
Orange County Emergency Services Department, Fire Marshal Division on the respective dates
under each signature: Orange County through its Board of County Commissioners, signing by
and through its County Manager, and the Town, signing by and through its Town Manager,
authorized to execute same by Town Board of Commissioners action on the 101—"-day of May ,
2021.
Orange County, North Carolina ATTEST:
DocuSigned by: DocuSigned by:
�jbla,la,lt, (�A.�MtMW'S� �uun,�i�eti�n,
Bonnie Hammersley, County Manager Laura Jensen, Clerk to the Board
Orange County Board of Commissioners
Town of Hillsborough, North Carolina ATTEST:
DocuSigned by: DocuSigned by:l
10188R542ORR4A0.. FQjPQ6qg;;'Aq 49B...
Eric J. Peterson, Town Manager Sarah E. Kimrey, Interim Town Clerk
DocuSigned by:
Approved as to form and legal sufficiency: 444
Annette M. Moore, Sr. Staff Attorney
DocuSigned by:
Approved as to form and legal sufficiency: 96bu� NnU
Robert Hornik, Hillsborough Town Attorney
This disbursement has been pre-audited in the manner required by the Local Government
Budget and Fiscal Control Act.
L
gnuedy:
gns�arr--
Eric J. Peterson, Interim Finance Director, Hillsborough
Interlocal Agreement between Orange County
and Town of Hillsborough for Fire Prevention Services
May 11,2021
7
Docusign Envelope ID:693COEBD-5BA3-4A46-8D83-84EDOE68EDC2 14
[Departmental Use Only]
TITLE Hillsborough Animal Control
FY 2024-25
NORTH CAROLINA
ORANGE COUNTY
TOWN OF HILLSBOROUGH ANIMAL CONTROL ANIMAL PROTECTIONAND
EMERGENCY AFTER HOUR ANIMAL SERVICES AGREEMENT
This Town of Hillsborough Animal Control, Animal Protection and Emergency After Hour
Animal Services Agreement is entered into by and between Orange County, North Carolina,
(hereinafter the "County") by and through its Animal Services Department ("Department")
and the Town of Hillsborough, North Carolina (hereinafter the "Town") as of the 11t day of
July 2024.
WHEREAS, the Town desires that the County provide animal control, animal protection
and emergency after hour calls services within the Town during the 2024-2025 fiscal year; and
WHEREAS, the County desires to provide animal control, animal protection and
emergency animal calls services within the Town during the 2024-2025 fiscal year; and
WHEREAS, the Town Board of Commissioners has previously adopted a resolution
authorizing the County to enforce the Orange County Animal Control Ordinance(the"Ordinance")
within the jurisdictional limits of the Town; and
WHEREAS, the Town Board of Commissioners desires that the County continue to
enforce the County's Ordinance within the jurisdictional limits of the Town; and
WHEREAS, the Town has, and hereby does, designate the Orange County Animal
Services Director to be responsible for determining when a dog located within the Town is a
"potentially dangerous dog" pursuant to N.C. Gen. Stat. § 67.4.1; and
WHEREAS,the Town has,and hereby does,designate the Appeals Committee established
by Section 5 of"Animal Services Advisory Board Policies and Procedures" to hear any appeals
for a"potentially dangerous dog"determination pursuant to N.C. Gen. Stat. § 67-4.1.
NOW THEREFORE,for good and valuable consideration the receipt and sufficiency
of which are hereby acknowledged, the parties hereto mutually agree as follows:
1. Designation of Office of Animal Control.
a. The Town shall and hereby does designate Orange County's Animal Services
Department as its "Office of Animal Control," ("Office").
b. The County will designate and schedule one(1)Animal Control Officer employed
by the County ("ACO") to respond to emergency and routine animal service calls
within the Town.
Rev 06/24
Docusign Envelope ID:693COEBD-5BA3-4A46-8D83-84EDOE68EDC2 15
2. Scope of Services.
a. Animal Control and Protective Services. The ACO shall provide animal control
and protection services to the Town during the hours of 8:00 am through 5:00 pm,
Monday through Friday.
i. During the hours of 8:00 am through 5:00 pm,Monday through Friday the
ACO will respond to all routine and emergency animal services calls related
to animals located within the Town.
ii. All service calls received and/or responded to on behalf of the Town under
this Agreement will be handled in accordance to the County's Unified
Animal Control Ordinance, North Carolina General Statutes pertaining to
animals and policies developed by Orange County Animal Services.
iii. The Office will receive animal service calls during the hours noted in (i)
above.
iv. A quarterly report listing the number and types of calls handled by OAC
within the Town limits will be forwarded to the Hillsborough Police
Department.
V. All County employees responding to service calls under this agreement will
receive training pertaining to the County's Unified Animal Control
Ordinance.
vi. The County agrees to provide adequate personnel and equipment to respond
to calls as required by this Agreement.
vii. If the designated ACO who is responsible for thepro vision of services under
this Agreement to the Town of Hillsborough is on leave as a result of illness,
vacation,etc.,then the County will only respond to emergency service calls
within the Town between the hours of 8:00 a.m. and 5:00 p.m., Monday
through Friday.
b. Emergency After Hour Call Services. The scheduled on-call ACO will respond to
emergency after hour calls as described below.
L After hour call service hours are from 5:00 pm to 8:00 am Monday
through Friday and all holidays and weekends.
ii. The County shall provide trained,qualified personnel to respond to calls
for after hour service within the Town by going to the scene when
necessary to protect and preserve the health and safety of the public and
the life and health of animals.
iii. Qualified county personnel shall, when necessary and proper in the
judgment of County personnel, provide first aid treatment and/or take
animals requiring care to veterinary facilities according to County policy.
When immediate veterinary care is not needed in the judgment of County
personnel, an animal may be taken to the County's Animal
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Services Center. Sick and injured animals will be handled according to
the Shelter operating policy.
iv. The County may, in its discretion, bear the cost of emergency care and
shelter costs for animals that do not appear to have an owner or keeper,
or where the owner or keeper can be identified, charge the owner or
keeper with the cost of emergency care and shelter costs of the animals
consistent with the County operating policy.
V. County employees or their designees shall attempt to contact at a time
which is reasonable under the circumstances in each situation,the owner
or custodian of each animal involved in an emergency requiring the
assistance of the County Animal Services Center.
vi. Where Town Public Safety and/or Town officers are also on the scene of
an animal-related emergency,the County personnel shall cooperate with
Town personnel in matters involving safety of persons and/or
enforcement of the County's Unified Animal Control Ordinance, and/or
North Carolina General Statutes pertaining to animals.
vii. Subject to further guidelines as determined between the parties and
provided in "Guidelines for Emergency After Hours Calls" which are
attached hereto as Exhibit A and incorporated herein by reference.
3. Term. The Term of this Agreement shall be for the period beginning July 1, 2024, and
ending June 30,2025.
4. Compensation. The Town shall compensate the County in the amount of Eighty-Five
Thousand Two Hundred and Seventy-Two Dollars ($85,272.00) for the services provided
in this Agreement.
a. The County shall invoice the Town for Animal Control and Protective Services and
Emergency After Hour Calls Services on July 1,2024,or shortly thereafter;
b. The Town shall within thirty(30)days thereafter pay the County,in one lump sum,
a payment in the amount of Eighty-Five Thousand Two Hundred and Seventy-Two
Dollars ($85,272.00).
5. Termination. Either party may terminate this Agreement for any reason by providing the other
party sixty (60) days written notice of intention to terminate the Agreement.
6. The Town will indemnify and hold the County harmless for any and all claims, demands or
actions whatsoever arising from the County's provision of services under this Agreement
unless the same results from the intentional or negligent conduct of the County. It is the intent
of this Section 6 that the Town indemnify the County to the fullest extent permitted by law.
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7. Entire Agreement. The County and the Town agree to be bound by the terms of this
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Agreement, and further agree that it constitutes the complete and exclusive statement of the
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Agreement between the County and the Town and any modifications to this Agreement shall
be in writing and signed by both the parties.
8. Governing Law. The County and the Town agree that this Agreement shall be governed by
the laws of the State of North Carolina. Should either party initiate litigation to settle any
dispute involving the terms of this Agreement such litigation shall be initiated in the General
Court of Justice of North Carolina in Orange County, North Carolina. By executing this
Agreement,the Town affirms that the Town and any subcontractors of the Town are and shall
remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. .
By executing this Agreement the parties certify that the parties have not been identified, and
have not utilized the services of any agent or subcontractor identified, on the list created by
the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement the parties
certify that the parties have not been identified, and have not utilized the services of any agent
or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-
86.81.
9. Signatures. This Agreement together with any amendments or modifications may be executed
electronically. All electronic signatures affixed hereto evidence the intent of the Parties to
comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66.
10. Notices. Any notice required by this Agreement shall be in writing and delivered by certified
or registered mail,return receipt requested to the following:
Orange County Town of Hillsborough
Attention:Animal Services Director Attention: Eric Peterson,Town Manager
P.O. Box 8181 PO Box 429
Hillsborough,NC 27278 Hillsborough,NC 27278
[SIGNATURES ON FOLLOWING PAGE]
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In witness whereof,the parties hereunto cause this agreement to be executed in their respective
names to become effective on the date hereinabove written.
Orange County,North
By.
County Manager
Town of Hillsborough, North Carolina
By. ��P �
Y4 , Town Manager
This instrument has been pre-audited in the manner required by the Local Government Fiscal and
Control Act.
Town Finance Officer(or Designee)
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EXHIBIT A:
GUIDELINES FOR EMERGENCY AFTER HOURS CALLS
TO THE CONTRACT BETWEEN THE TOWN AND ORANGE COUNTY FOR THE
PROVISION OF ANIMAL CONTROL SERVICES
Regular service involves an Animal Control Officer(ACO)being stationed at the Animal Services
Center Monday through Friday between 8:00 a.m. and 5:00 p.m. This ACO has principal
responsibility for enforcing the Town's animal control ordinance within the Town limits and
responding to calls about stray animals and other such requests from animal services. Orange
County Animal Control Officers will provide emergency services outside of regular business hours
(from 5:00 p.m. to 8:00 a.m.), Monday through Friday, and 23-hours on Saturday, Sunday and
holidays. These services include rabies exposures, dangerous animals,exigent animal cruelty and
animals in immediate need of assistance. The Town will perform "triage" on after-hours service
requests in accordance with guidelines jointly developed by Animal Services and the Hillsborough
Police Department.
PROCEDURES FOR ORANGE COUNTY AND TOWN RESPONSE TO EMERGENCY
AFTER-HOURS ANIMAL CALLS
1. Injured Deer—A HPD Officer will respond to locate and euthanize.
2. Owned Injured Animals—A HPD Officer will respond or otherwise instruct the owner to
Itake the animal to their veterinarian or the after-hours emergency veterinary clinic to be
cared for or euthanized.
3. Neglect/Cruelty Situations — A HPD Officer will respond to make an assessment. If the
situation is severe,they will contact the on-call ACO for assistance.If it is not severe,they
shall document in an incident report.The report will be sent to the Animal Services Center
the next business day for investigation.
4. Strays—A HPD Officer will respond or otherwise instruct the caller to take the animal to
the Animal Services Center during business hours.
5. Aggressive Dogs—A HPD Officer will respond to assess and confirm the presence of the
reported animal. If the owner cannot be located to secure the dog, the on-call ACO shall
be contacted to assist in capturing the dog.
6. The on-call ACO will respond to any call(s)related to:Rabies Exposures;Bites to Humans;
Injured Strays.
7. The on-call ACO will not respond to the following calls: nuisance wildlife; and injured or
orphaned wildlife. Unless there is an immediate issue of public safety, the on-call ACO
will not respond to calls about snakes. If these calls make their way through
communications,members of the public are to be referred to the Animal Services webpage
of asked to call Animal Services during regular business hours for appropriate referral.
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INTERLOCAL AGREEMENT BY AND BETWEEN ORANGE COUNTY
AND THE TOWN OF HILLSBOROUGH REGARDING ADMINISTRATION OF THE
TOWN OF HILLSBOROUGH STORMWATER UTILITY FEE BILLING AND
COLLECTION
THIS AGREEMENT, made and entered into this 10th day of May, 2016 between
the Town of Hillsborough, North Carolina, a North Carolina municipal corporation, located
in Orange County, North Carolina (hereinafter referred to as the "Town"); and Orange
County, a body politic and political subdivision of the State of North Carolina (hereinafter
referred to as the "County"), for the administration of the Town's Stormwater Utility Fee
Billing and Collection (the "Stormwater Utility Fee").
WITNESSETH
WHEREAS, the County and Town are public bodies, politic and corporate, under
the laws of the State of North Carolina and are vested pursuant to Article 20 of North
Carolina General Statutes Chapter 160A with the power and authority to enter into this
Interlocal Agreement (hereinafter referred to as the "Agreement"); and
WHEREAS, the Town is authorized and empowered by Article 16 of Chapter 160A
of the North Carolina General Statutes to establish and operate a stormwater utility as a
"public enterprise", and to establish, fix and enforce rates, fees, charges and penalties for
the stormwater utility; and
WHEREAS, the Town has proposed to establish a stormwater utility and to charge
to properties located within the Town limits certain fees for stormwater management
programs and structural and natural stormwater and drainage system service; and
WHEREAS, the Town desires that the County administer collection of fees and
charges to be levied against and charged to properties located within the Town; and
WHEREAS, the County has broad tax collection and administration authority and
staff in place to carry out that authority and is willing, subject to certain conditions, to
provide administration and collection of stormwater utility fees and charges in the Town.
NOW, THEREFORE, in consideration of the foregoing and on mutual promises
and obligations set forth herein, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. TERM
a. This Agreement shall commence July 1, 2016 and shall continue each
fiscal year thereafter through June 30, 2026.
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b. This Agreement may be renewed beyond June 30, 2026 upon written
agreement of the Parties.
2. COSTS
a. Other than direct collection costs, County shall not incur and shall not be
responsible for any costs, including but not limited to software, hardware,
or other upfront costs, associated with carrying out the requirements and
duties established by this Agreement.
b. Other than direct collection costs, any and all costs, fees, and expenses
related to the administration of the District shall be borne by Town.
c. On or before the 15th day of January, April, July and October of each year
during the term of this Agreement, the County shall transmit to Town all
stormwater utility fees and charges collected in the Town during the
preceding three months and bill the Town an amount equal to 3% of the
fees and charges collected during that three month period for costs of
administration and collection. The Town shall pay the County within 30
days of billing.
d. Upon a failure by Town to remit payment when due County shall provide
Town with written notice of such default in payment and providing Town
with ten days to cure the default. Should Town not cure the default within
ten days County may withhold the provision of services as contemplated
herein. County shall incur no fault or liability for any failure to provide
services pursuant to the terms of this paragraph.
3. COUNTY ADMINISTRATION OF DISTRICT
a. County shall have the exclusive authority to determine the most
appropriate means of administering the collection of Town stormwater
utility fees and charges in the Town.
b. The Town shall provide County any and all information, records, or
materials needed by County for the effective and accurate collection of
such fees and charges.
4. ENFORCEMENT
a. The Parties agree the County has no responsibility to collect unpaid or
delinquent fees and charges.
b. Town has the sole responsibility at Town's cost to collect unpaid or
delinquent fees and charges.
c. Upon request by Town, County shall provide Town any and all records
related to unpaid and/or delinquent stormwater utility fee accounts in order
to allow Town a better opportunity to collect such delinquent accounts.
5. REVIEW OF AGREEMENT
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During the initial term this Agreement shall be reviewed by staff of the County
and Town Management each year beginning no later than October 15, 2017 in
order to determine: The cost/benefit of the County's administration of the
collection of stormwater utility fees and charges in the Town; any difficulties
encountered in implementing the terms of this Agreement; any other issues that
need to be examined.
6. AMENDMENTS
This Agreement may be amended by mutual written consent of the County and
Town.
7. TERMINATION
This Agreement may be terminated by either Party hereto upon one year
advance written notice to the other Party or at any time by mutual written
agreement of the Parties.
8. NOTICE
Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
To the County: To the Town:
Orange County Town of Hillsborough
County Manager Town Manager
P.O. Box 8181 P.O. Box 429
Hillsborough, NC 27278 Hillsborough, NC 27278
9. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement of the parties hereto and is
effective the date first above recorded.
000?
Wna6er, Town of Hillsborough Manager, Orange Coun
ATTEST: ATTEST:
Town Clerk Clerk to the Board
This instrument has been pre-audited in the
manner required by the Local Government 3
Budgit,and Fiscal Control Act.
Heidi Lamay
Jobonin
North Carolina
Orange County
INTERLOCAL AGREEMENT FOR PLAN REVIEW,
PERMITTING, INSPECTIONS,AND RELATED SERVICES
TO BE PERFORMED BY THE
ORANGE COUNTY BUILDING INSPECTIONS DIVISION
DEPARTMENT OF PLANNING AND INSPECTIONS
This is an Interlocal Agreement, made and entered into by and between Orange County,
(hereinafter referred to as "County"), and the Town of Hillsborough, (hereinafter referred to as
"Town") shall have an effective date as of the date on which it is executed by County.
WHEREAS, this Agreement is entered into pursuant to North Carolina General Statutes
§ 160A-413, which permits the Town to request the Board of County Commissioners to direct
one or more county building inspectors to exercise their powers within the Town's jurisdiction,
and they shall thereupon be empowered to do so until the Town officially withdraws its request
in the manner provided in G.S. 160A-360(g). (1969, c. 1065, s. 1; 1971, c. 698, s. 1; 1973,
c.426, s. 64; 1993, c. 232, s.3.)
WHEREAS, the County has created an Inspections Division consisting of building
inspectors, plumbing inspectors, mechanical inspectors and electrical inspectors and building
permit technicians, and is headed by the Chief Building Official, pursuant to G.S. 153A-351;
and
WHEREAS, County maintains a Department of Planning and Inspections which includes
a Building Inspections Division("Building Division") that conducts plan review and inspections,
issues permits, enforces the building codes, authorizes facilities and capital improvements,
retains administrative records and provides building official services and other support services
relating to the Building Division operations (hardware and software) for the County and in,
coordination with Town of Hillsborough Fire Marshal, Planning and Zoning, and
WHEREAS, the Town is desirous of procuring some of the services of the County's
Building Division for the performance of plan examinations,permitting and inspection services
within the municipal and extraterritorial jurisdictional(ETJ)boundaries of the Town as may be
changed from time to time; and
WHEREAS, County, through said Building Division, is willing to perform such
services pursuant to the terms and conditions hereafter set forth;
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual terms,
conditions,promises, covenants and payments hereinafter set forth, County and Town agree as
follows:
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ARTICLE 1 —SCOPE OF SERVICES
1.1. Town thereby appoints, designates and empowers the County with authority to enforce, all
applicable State Building Codes as adopted by the State of North Carolina and the Town
of Hillsborough. The Town empowers the County to exercise its powers and authority to
perform the Services as outlined below pursuant to the requirements of G.S. 160A-413,
within the Town of Hillsborough and its extraterritorial zoning jurisdiction.
ENFORCEMENT OF NORTH CAROLINA BUILDING CODE INCLUDING:
PERMITTING, INSPECTIONS, PLAN REVIEW AND RELATED SERVICES AS THEY
PERTAIN TO THE NORTH CAROLINA STATE BUILDING CODES, INCLUDING THE
FOLLOWING:
North Carolina Administration and Enforcement Requirements Code
North Carolina Building Code
North Carolina Residential Code
North Carolina Plumbing Code
North Carolina Mechanical Code
North Carolina Fuel Gas Code
North Carolina Energy Code
North Carolina Accessibility Code
North Carolina Electrical Code
Modular Construction Regulations
North Carolina Existing Building Code
North Carolina Manufactured/Mobile Home Regulations
North Carolina Rehabilitation Code
Indicate service requested:
"FS"for full service,"PS"for partial service,"NS"for no service
INSPECTIONS PLANS REVIEW PERMITTING
Building(commercial) "FS" "FS" "FS"_
Residential (1 &2 family) _ "FS" _ "FS" "FS"
Plumbing "FS" "FS" "FS"_
Electrical "FS" "FS" "FS"
Mechanical "FS" "FS" "FS"
Mobile/Manufactured "FS" "FS" "FS"
Modular construction "FS" "FS" "FS"
1.2. The County shall perform the above Services through its Building Division, or any
successor division/department that the County Manager may designate.
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1.3. It is understood and agreed that the County may be required to employ additional
personnel to perform the Services required under this Agreement.
1.4 The County shall perform the Services listed in this Article and shall charge appropriate
fees for such Services as set out in the Orange County Fee Schedule, attached as Exhibit A,
and as it may be amended from time to time.
1.5 The County shall by the 5th of the following month,provide the Town with a monthly
activities statement detailing the number and type of permits issued, the number and type
of inspections and plan reviews completed.
ARTICLE 2—FUNCTIONS AND DUTIES NOT TRANSFERRED TO
COUNTY
2.1. It is specifically understood and agreed that all rights and powers as may be vested in the
Town through any law or ordinance or Charter provision of the Town not specifically addressed
by this Agreement, shall be retained by Town. It is further understood and agreed that this
Agreement is not intended to address any of the functions listed below:
a) Legal Services, (For The Enforcement Of Services Outlined in Article 1)
E.g.: Enforcement actions taken by County for Stop Work Orders, Condemnation etc.
would not be pursued in Court by County legal staff if order is not complied with. This
would be the responsibility of Town legal staff.
b) Professional Engineering.
2.2. In the event Town desires to have the County provide any of the Services identified in
paragraph 2.1(a) or(b) above, a separate agreement shall be required between the Town and the
County. Other independent agreements are necessary to effectuate these or other service areas
not listed in Article 1.
ARTICLE 3—RESPONSIBILITIES OF TOWN OF
HILLSBOROUGH
3.1 The Town shall deliver a projection of "approved and proposed developments" by
December 7th, each year of contract; which will describe in detail the scope and timeline of
proposed and approved development then pending within the Town's zoning jurisdiction, so that
required plan review and permit building square footage and associated Services may be
determined by the County, except as provided in Section 3.2.
3.2 The Town shall deliver to the County a projection of "approved and proposed
developments" for the contract year 2015, within one (1) week of the effective date of this
Interlocal Agreement.
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ARTICLE 4—COMPENSATION
4.1. Permits shall be issued by the County and in accordance with the fees charged by the
County, as such fees may be amended from time to time. All fees shall be based on the approved
Orange County Fee Schedule to provide the Services set forth in Article 1.1 above. County shall
retain all fees collected from the building permit applicant and no other reimbursement from Town
will be required.
ARTICLE 5—TERM OF INTERLOCAL
AGREEMENT
5.1. This Agreement shall become effective upon execution by the BOTH PARTIES and shall
continue in full force and effect until midnight, December 31, 2016,unless sooner terminated by
either party as provided for herein. The Interlocal Agreement will automatically renew for three
(3) additional five-year terms unless either party notifies the other party in writing of its intention
not to renew at least 180 days prior to expiration of the then-current term.
5.2. This Agreement shall remain in full force and effect until it expires or through the
termination date or any extended termination date, as set forth above or in Article 8 —
Termination below.
ARTICLE 6—GOVERNMENTAL IMMUNITY
The Town will indemnify and hold the County harmless from any and all claims,demands
or actions whatsoever arising from the County's provision of services under this Agreement
unless the same results from the intentional or negligent conduct of the County. It is the intent of
this Section that the Town indemnifies the County to the fullest extent permitted by law.
ARTICLE 7—INSURANCE
The County and the County's employees performing services pursuant to this Agreement
are insured to the extent permitted by law. The parties acknowledge and represent that the
Agreement does not create an obligation on part of the County to insure the Town or employees
of the Town for actions relating to or undertaken in accordance with this Agreement.
ARTICLE 8—TERMINATION
Either party may terminate this Interlocal Agreement, with or without cause, by
providing notice to the other party of termination in writing at least one (1) year prior to the
effective date of termination. This Interlocal Agreement may also be terminated by court order
upon the finding that there has been substantial breach of this Interlocal Agreement by the non-
complaining party so as to entitle the complaining party to be relieved of its obligations under
this Interlocal Agreement.
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ARTICLE 9—NOTICES
Any and all notices given or required under this Agreement shall be in writing and may
be delivered in person or by United States mail, postage prepaid, first class and certified, return
receipt requested, addressed as follows:
To County: Bonnie Hammersley
Orange County Manager
200 S. Cameron Street
P.O. Box 8181
Hillsborough,N.C. 27278
With copy to: Craig N. Benedict, AICP
Orange County Planning& Inspections Director
P.O. Box 8181
131 W. Margaret Lane, Suite 201
Hillsborough,N.C. 27278
To Town: Eric Peterson
Hillsborough Town Manager
101 E. Orange Street
Hillsborough,N.C. 27278
With copy to: Margaret Hauth, AICP
Hillsborough Planning&Inspections Director
101 E. Orange Street
Hillsborough,N.C. 27278
Jerry Wagner
Fire Marshal
Town of Hillsborough
PO Box 429
Hillsborough,N.C. 27278
ARTICLE 10—MISCELLANEOUS PROVISIONS
10.1 ASSIGNMENT: County shall perform the selected Services provided for in this
Agreement exclusively and solely for the Town which is a party to this Agreement. Neither
party shall have the right to assign this Agreement.
10.2. WAIVER: The waiver by either party of any failure on the part of the other party to
perform in accordance with any of the terms or conditions of this Agreement shall not be
construed as a waiver of any future or continuing similar or dissimilar failure.
10.3. SEVERABILITY: The invalidity of any provision of this Agreement shall in no way
affect the validity of any other provision.
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10.4. ENTIRE AGREEMENT: It is understood and agreed that this Agreement
incorporates and includes all prior negotiations, agreements or understandings applicable to the
matters contained herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated
upon any prior representations of agreements, whether oral or written.
10.5. MODIFICATION: It is further agreed that no modifications, amendments or
alterations in the terms or conditions contained herein shall be effective unless contained in a
written document executed with the same formality and of equal dignity herewith. This section
shall not apply to the Orange County Fee Schedule attached hereto as Exhibit A.
10.6. CHOICE OF LAW; WAIVER OF JURY TRIAL: Any controversies or legal disputes
arising out of this transaction and any action involving the enforcement or interpretation of any
rights hereunder shall be submitted to the jurisdiction of the State courts of the State of North
Carolina, seated at Orange County, North Carolina, and shall be governed by the laws of the
State of North Carolina. To encourage prompt and equitable resolution of any litigation that may
arise hereunder, each party hereby waives any rights it may have to a trial by jury of any such
litigation and will submit to bench trial.
10.7. DRAFTING: This Agreement has been negotiated and drafted by all parties hereto and
shall not be more strictly construed against any party because of such party's preparation of this
Agreement.
10.8. RECORDING: This Agreement may be recorded in the public records of Orange
County, in accordance with the North Carolina General Statutes.
IN WITNESS WHEREOF, the parties hereto have made and executed this Interlocal Agreement
Between Orange County and Town of Hillsborough for selected Services to be Performed by the
Orange County Planning and Inspections Department, Building Division on the respective dates
under each signature: Orange County through its Board of County Commissioners, signing by
and through its Chair or Vice Chair, authorized to execute same by Board action on the 5th day of
May, 2015 and the Town, signing by and through its Town Manager, authorized to execute same
by Town Board of Commissioners action on the 13th day of April, 2015.
Orange County,North Carolina
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Ear McKee, Chair,Board of Commissioners
ATTEST:
Donna S. er, Cle&46 the"BoaicT
Orange County Board of Commissioners
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Town of Hillsborough,North Carolina
By:
-Eric P ers , Town Manager
ATTEST:
d�&k -"'-�
Katherine M. Cathey, Town Clerk
Approved as to technical content:
141d,2r1 IZt ffi Pani— se, ange County Chief Building Official
Approved as to form and legal sufficiency:
Roberts, Orange County Attorney
Approved as to technical content:
Uerry a er,HillsborouA Fire Marshal
Approved as to form and legal sufficiency:
Rob ornik, llsborough Town Attorney
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STATE OF NORTH CAROLINA INTERLOCAL AGREEMENT
COUNTY OF ORANGE TOWN OF HILLSBOROUGH
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT made as of October 2012, by and between
ORANGE COUNTY, a political subdivision of the State of North Carolina (hereinafter
"County") and the TOWN OF HILLSBOROUGH, North Carolina, a municipal corporation of the
State of North Carolina(hereinafter "Town").
WITNESSETH:
WHEREAS, this Interlocal Agreement is entered into pursuant to G.S. §160A-458 and G.S.
§160A-459, which authorize towns to adopt and enforce erosion control ordinances, and G.S.
§160A-360(d) which permits the Town to request the Board of County Commissioners to exercise
their powers within Town's jurisdiction, and they shall thereupon be empowered to do so until the
TOWN officially withdraws its request in the manner provided in G.S. §160A-
360(g). (1969,c. 1065, S. 1; 1971,c.698, S. 1; 1973, c.426, S.64; 1993,c.232, S.3.)
WHEREAS, this Interlocal Agreement is entered into pursuant to G.S. § 160A-461
(Interlocal Cooperation), North Carolina Statutes, which permits the Town and the County to
resolve to enter into a contract of reasonable duration to execute an undertaking within the
Town's planning jurisdiction;
WHEREAS, County maintains a Department of Planning and Inspections, which includes an
Erosion Control Division ("Erosion Control") that conducts site plan review and inspections,
maintains administrative offices and records, and administers the Erosion and Sedimentation
Control requirements and provisions of the Orange County Unified Development Ordinance;
WHEREAS, the Town is desirous of procuring selected services of County for the
enforcement of the Erosion and Sedimentation Control requirements and provisions of the
Orange County Unified Development Ordinance within the municipal boundaries and/or of the
Town's Extraterritorial Jurisdiction as may be changed from time to time;
WHEREAS, County, through said Erosion Control Division, is willing to perform such
services pursuant to the terms and conditions hereafter set forth;
WHEREAS, it is in the best interest of the citizens of the Town and County to promote a
sustainable community that provides for the monitoring of soil erosion, sedimentation control and
protection of water quality; and
WHEREAS, approval of this Interlocal Agreement can help promote a sustainable
community;
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NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE
FULFILLMENT OF THE TERMS OF THIS INTERLOCAL AGREEMENT, THE COUNTY AND
TOWN AGREE AS FOLLOWS:
ARTICLE 1 — SCOPE OF SERVICES
1.1 The County shall during the term of this Interlocal Agreement and any subsequent
renewal thereof, enforce the Erosion and Sedimentation Control requirements and
provisions of the Orange County Unified Development Ordinance (hereafter the
"Ordinance")as it is currently enacted and as it may be amended or reenacted from
time to time, and perform such services in connection with the enforcement of the
Ordinance.
1.2 County through its employees shall be responsible for the performance of the Services,
including the staff of the Erosion Control Division of the County's Planning and
Inspections Department, or any successor division or department as may be designated by
the County Manager.
ARTICLE 2—FUNCTIONS AND DUTIES NOT TRANSFERRED TO COUNTY
2.1 It is specifically understood and agreed as provided in Article I of this Interlocal
Agreement, all rights and powers as may be vested in the Town pursuant to the permit(s)
requirement(s), laws of the State of North Carolina, or any other law or ordinance or
Charter provision of the Town, shall be retained by Town. It shall be the responsibility of
parties other than the County to perform Services not specifically identified as Services
to be performed by the County. It is further understood and agreed that the Services to be
provided by the County are not intended to include any functions related thereto that are
identified below as excluded functions,which shall remain the exclusive responsibility of
the Town(hereinafter "Excluded Functions"):
Excluded Functions
Legal Services
Engineering
Water Management
Drainage Districts
Natural Resource Protection
Enforcement of Erosion and Sedimentation Control Requirements on Publically
Funded Projects (these are enforced by the North Carolina Division of Energy,
Mineral and Land Resources, Land Quality Section)
2.2 In the event Town desires to have County add any Excluded Functions to the Services
hereunder, a separate agreement therefore may be entered into between Town and County
pursuant to Article 8.6 of this Interlocal Agreement.
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ARTICLE 3—COMPENSATION
3.1 Erosion and Sedimentation Control: County shall directly collect permit fees to
provide the Services set forth in Section 1.2 above and on Schedule "B". Permits shall be
issued by County in accordance with the fees charged by County, as such fees may be
amended from time to time. All fees shall be retained by County and no other
reimbursement from TOWN will be required for the provisions of Services set forth in
Section 1.2 and Schedule "B" of this Interlocal Agreement.
ARTICLE 4—GOVERNMENTAL IMMUNITY
4.1 To the extent permitted by law, Town agrees to indemnify and hold County harmless
from and against any and all claims, liabilities, damages and expenses, including
attorney's fees, arising from the Town's operation and maintenance of the Town's
Municipal Separate Storm Sewer System and from the implementation of the Permit.
Town and County agree to indemnify and hold each other harmless from and against any
and all claims, liabilities, damages and expenses, including attorney's fees arising from
enforcement of the Erosion and Sedimentation Control Ordinance, Storm Water
Ordinance or this Interlocal Agreement.Nothing herein is intended to serve as a waiver of
sovereign or governmental immunity by any party to which such immunity may be
applicable. There shall be no third party beneficiaries to this Interlocal Agreement,and
nothing herein shall be construed as consent to be sued by third parties in any matter
arising out of this Interlocal Agreement or any other agreement.
ARTICLE 5—TERM OF INTERLOCAL AGREEMENT
5.1 The term of this Interlocal Agreement shall be until and if the Town petitions the
Sedimentation& Erosion Control Commission for its own "Local Program".
ARTICLE 6—TERMINATION
6.2 Either party may terminate this Interlocal Agreement, with or without cause, by providing
notice to the other party of termination in writing at least 4 months prior to the effective
date of termination. This Interlocal Agreement may also be terminated by court order upon
the finding that there has been substantial breach of this Interlocal Agreement by the non-
complaining party so as to entitle the complaining party to be relieved of its obligations
under this Interlocal Agreement.
33
ARTICLE 7—NOTICES
7.2 Any and all notices given or required under this Interlocal Agreement shall be in writing
and may be delivered in person or by United States mail, postage prepaid, first class and
certified, return receipt requested,addressed as follows:
TO COUNTY:
Craig N. Benedict, AICP
Orange County Planning& Inspections Director
P.O. Box 8181
Hillsborough,N.C. 27278
With copy to:
Bonnie Hamersley
Orange County Manager
P.O. Box 8181
Hillsborough,N.C. 27278
TO TOWN:
Eric Peterson
Hillsborough Town Manager
P.O. Box 429
Hillsborough,N.C. 27278
ARTICLE 8—MICELLANEOUS PROVISIONS
8.1 Remedy: The parties agree that the remedy of specific performance would be an
appropriate remedy, among others, for the enforcement of this Interlocal Agreement.
8.2 Assimment: Neither party shall have the right to assign this Interlocal Agreement
without the advance written permission of the other party.
8.3 Waiver: The waiver by either party of any failure on the part of the other party to
perform in accordance with any of the terms or conditions of this Interlocal Agreement
shall not be construed as a waiver of any future or continuing similar or dissimilar
failure.
8.4 Severability: The invalidity of any provision of this Interlocal Agreement shall in no
way affect the validity of any other provision.
8.5 Entire Agreement: It is understood and agreed that this Interlocal Agreement
incorporates and includes all prior negotiations, agreements or understandings
applicable to the matters contained herein, and the parties agree that there are no
commitments, agreements or understandings concerning the subject matter of this
34
Interlocal Agreement that are not contained in this document. It is further understood
and agreed that this Interlocal Agreement revokes and supersedes all prior agreement
between the parties relating to the subject matter contained herein. Accordingly, it is
agreed that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements,whether oral or written.
8.6 Modification: It is further agreed that no modifications, amendments or alterations in the
terms or conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
8.7 Governing Law: Any controversies or legal problems arising out of this transaction and
any action involving the enforcement or interpretation of any rights hereunder shall be
submitted to the jurisdiction of the State courts of the State of North Carolina, the venue
situs, and shall be governed by the laws of the State of North Carolina. To encourage
prompt and equitable resolution of any litigation that may arise hereunder, each party
hereby waives any rights it may have to a trial by jury of any such litigation.
8.8 Interpretation: This Interlocal Agreement has been negotiated and drafted by all
parties hereto and shall not be more strictly construed against any party because of
such party's preparation of this Interlocal Agreement.
8.9 Recording: This Interlocal Agreement may be recorded in the public records of
Orange County, in accordance with the North Carolina General Statutes.
35
IN WITNESS WHEREOF,the parties hereto have made and executed this Interlocal Agreement
between the County and Town for selected Services to be performed by the County on the respective
dates under each signature:
ORANGE COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing Byrd
through its Chair or Vice Chair,authorized to execute same by Board action on the Y, of
nDI date)and the TOWN, through its Board of Commissioners signing
by and throu h its Mayor, authorized to execute same by Council action on the
day of ,�D (date).
COUNTY
ATTEST: ORANGE COUNTY
d By SXJ Y4 1
Donna S. Baker, Clerk, Earl McKee, Chair,
Orange County Board of Commissioners Orange County Board of Commissioners
-� day of O/ ate)
® APPROVED AST RM:
u 5z BY
___-1/
County Attorney
a
°rth Cato,* TOWN
TOWN OF HILL OUGH
Attest:
By
Tom Stevens, Mayor,
Hillsborough Board of Commissioners
Katherine M. Cathey, Town Clerk
y day of "a ,a0 1 (date)
01v%ttl�J1 I 1111111110 Z'
Bv
own Manager
p To" G
day of , �� -ate)
2 APPROVED AS TO FORM:
'•�f,' CARd,�,.�` Town Attorne
36
Fee Schedule as of July 1,2012
Erosion Control Plan Review Fee: THERE IS NO MAXIMUM FEE!
Rural Disturbance: $158.00 per acre of disturbance
Urban Disturbance: $272.00 per acre of disturbance
Intense Urban Disturbance $507.00 per acre of disturbance
Land-disturbing Permit Fee: THERE IS NO MAXIMUM FEE!
Rural Disturbance: $310.00 per acre of disturbance
Urban Disturbance: $646.00 per acre of disturbance
Intense Urban Disturbance $1,241.00 per acre of disturbance
New Fee as of July 1`2012: Infill flat fee of$10,000.00. If the project is Intense Urban
calculate fees as before and if less than $10,000.00, pay $10,000.00 for the Land Disturbance
Permit.
37
SCHEDULE B
Enforcement of the Erosion and Sedimentation Control Requirements of the Orange
County Unified Development Ordinance,as adopted on April 5,2011 and Amended
Thereafter.
Erosion Control Scope of Services
Orange County will implement and enforce construction site stormwater runoff control for the Town
of Hillsborough's through its erosion control program. Orange County has local delegated authority
from the state to implement an erosion control program. This scope of services is part of a legal
agreement allowing Orange County to enforce the erosion and sedimentation control provisions and
requirements of the Orange County Unified Development Ordinance within the Town's jurisdiction.
The services provided by Orange County include:
Plan Review
Review and approve erosion control plans for proposed new development projects within the Town's
jurisdiction to ensure compliance with the erosion and sedimentation provisions and requirements of
the Orange County Unified Development Ordinance.
Inspections
Inspect permitted construction sites within the Town's jurisdiction to ensure compliance with
approved erosion control plans. As needed, request corrective actions, issue notice of violations and
stop work orders as outlined in the erosion and sedimentation provisions and requirements of the
Orange County Unified Development Ordinance.
These services funded through plan review and land-disturbance fees collected directly from
developers. Current fee schedule is provided below.
38
�SBORp�
S. (� Resolution#20220110-6.1)
RESOLUTION
-1- 4 Authorizing Orange County to Enforce Its Minimum Housing
p�17 54 � Standards Ordinance Inside Hillsborough's Jurisdictional Limits
Ty C ASO
WHEREAS, North Carolina General Statutes Section 160d-202(f)specifically authorizing a municipality to
request a county to exercise certain powers within the city limits and extraterritorial jurisdiction; and
WHEREAS, North Carolina General Statutes Section 160d-202(ospecifically authorizing a municipality to
request a county to exercise certain powers within the city limits and extraterritorial jurisdiction; and
WHEREAS, Orange County staff have expertise, capacity and relationships to address minimum housing
code issues identified by community residents;
NOW,THEREFORE, be it resolved the Hillsborough Board of Commissioners request and authorize Orange
County to enforce its minimum housing standards ordinance within the Hillsborough city limits and extraterritorial
jurisdiction.
Approved this 10th day of January 2022.
S B 0 R O Jenn Weaver, Mayor
ti (l Town of Hillsborough
S�
C A�oti
Attestation:
e" &6�w
Sarah Kimrey,Town Clerk
39
INTERLOCAL AGREEMENT BETWEEN ORANGE COUNTY AND THE TOWNS OF
CARRBORO, CHAPEL HILL, AND HILLSBOROUGH REGARDING THE PROVISION
OF SERVICES RELATED TO AND THE DISPOSITION OF SOLID WASTE AND
RECYCLABLES IN ORANGE COUNTY
THIS AGREEMENT, made and entered into thissb� day of 2018
between Towns of Carrboro, Chapel Hill, and Hillsborough, North Carolina municipal
corporations, of Orange County, North Carolina (hereinafter referred to individually as the
"Town" and jointly as "Towns"); and Orange County, a political subdivision of the State of North
Carolina (hereinafter referred to as the "County"), for the provision of solid waste and recycling
programs and services and disposition of solid waste and recyclables within Orange County.
(County and Towns may be referred to individually as "Party" and collectively as the "Parties").
The Parties also acknowledge that UNC Healthcare and the University of North Carolina
— Chapel Hill ("UNC-CH") are important stakeholders in the County and the Towns' planning for
current and future solid waste management. While UNC Healthcare and UNC-CH are not
parties to this Agreement, the Parties acknowledge the vital role they play and further
acknowledge their intention to invite participation by UNC Healthcare and UNC-CH in future
planning and decision-making with respect to the issues covered by this Agreement.
The purpose of this Agreement is to foster the continued relationship of cooperation and
collaboration between the County, and the Towns, which has proved successful for 45 years, to
provide flexibility to meet the evolving needs of the community and to continue the model of
environmental excellence and leadership exhibited by the intergovernmental partnership. This
collaborative agreement is established and maintained based on cooperative trust among the
Parties that is essential to the effective implementation of this Agreement and the management
of high quality local solid waste and recycling services, programs, and facilities.
WITNESSETH
WHEREAS, the County, and Towns are public bodies, politic and 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 Statutes Chapter 160A to enter into this Inter-local Agreement
(hereinafter referred to as the "Agreement"); and
WHEREAS, the County operates and/or contracts for the operation of solid waste and/or
recyclable materials collections services in the jurisdictions of the County and Towns; and
WHEREAS, the County and Towns desire to establish procedures, policies, rights, and
responsibilities for (1) the collection, transport, and disposition of solid waste, construction and
demolition materials, compostable materials, recyclable materials, and programs related thereto
(the "Services"); (2) the Waste and Recycling Centers, Drop Off Sites, C&D Landfill and closed
Landfill Sites (the "Facilities") and (3) the programs related to the Services and Facilities (the
"Programs") .
NOW, THEREFORE, in consideration of the foregoing and on mutual promises and
obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the
County and Towns agree as follows:
Page 1 of 15
40
1. TERM AND TERMINATION
This Agreement will become effective upon execution by each Town and the County and
remain in effect until either (i) terminated by written agreement of the Parties, or (ii) two or
more of the Parties withdraw. Any Party may withdraw upon giving all other Parties a 12
month written notice of its intent to withdraw. Upon the effective date of withdrawal, the
withdrawing Party shall pay to the County an amount (i.e., "Termination Amount") equal to
the number of billed units within the withdrawing Party's jurisdiction multiplied by the annual
Solid Waste Programs Fee in effect on the effective date of withdrawal. Each Party's
Termination Amount shall be calculated by the County based upon the number of billed
units in each Party's jurisdiction based on the most current data maintained by the Orange
County Solid Waste Department. A table indicating each Party's number of units billed the
Solid Waste Programs Fee as of the effective date of this Agreement is attached as
Appendix A and shall be updated by the County on an annual basis. If the County is the
withdrawing Party, the County shall be responsible for the full amount of debt owed or
incurred by the County's solid waste enterprise fund and a Termination Amount for each
municipality that is equivalent to that municipality's Termination Amount as calculated
above. The County shall directly pay each municipality this Termination Amount upon the
County's effective date of withdrawal. The County will, upon request or notice of a
termination of or withdrawal from this Agreement, revise Appendix A to reflect the then
current data.
2. GOVERNANCE
A. The County is responsible for financing (including rate setting within the guidelines of this
agreement), management and regulation of existing countywide solid waste facilities and
programs as well as coordinating recycling, reuse and waste reduction services among the
Towns and providing Services to unincorporated areas of the County. Because the County
has a significant impact on the overall efficiency and effectiveness of solid waste
management within the County, it shall seek the collaboration and assistance of the parties
to this agreement including as appropriate UNC Health Care and UNC — Chapel Hill. See
Appendix C illustrating the process for changes to solid waste program fees and significant
changes to solid waste recycling Services, Programs, and Facilities.
B. The Board of Orange County Commissioners approved at their June 3, 2014, meeting the
creation of the Solid Waste Advisory Group (SWAG). The SWAG is a multijurisdictional task
force created to articulate, investigate and propose collaborative solutions for solid waste
issues confronting Orange County; the towns of Carrboro, Chapel Hill, and Hillsborough;
UNC-Chapel Hill; and UNC-Healthcare.
The charge to the SWAG at the outset was to define the nature, scope, and timing of the
solid waste issues to be considered, including but not limited to:
1. an inter-local agreement on solid waste;
2. reducing solid waste that is not recycled;
3. recycling opportunities and services;
4. siting a transfer station or landfill within the county;
Page 2 of 15
41
5. supporting public education on solid waste issues;
6. construction and demolition waste;
7. assuring long-term partnership of the entities involved through an inter-local
agreement on waste handling and disposal;
8. addressing equitable funding and mechanisms for establishing fees and making
future joint decisions;
9. future use of closed landfill sites;
10. investigation of partnership possibilities involving neighboring jurisdictions;
11. feasibility of innovative and cost-effective, environmentally-sound methods of
disposal of solid waste beyond burial;
12. potential inclusion of bio-solids in long-range disposal plans;
13. emergency storm debris planning; and
14. treatment of communities impacted by siting of any facilities either within Orange
County or beyond its borders to receive shipments of our waste.
The above charge serves as a general and overarching guide for the SWAG. SWAG shall
continue under the terms of this Agreement and receive recommendations from the
Management Oversight Committee established pursuant to paragraph 11C.
SWAG is a public body. SWAG meetings are open to the public and provide opportunities
for public comment.
The composition of SWAG is as follows:
Special Representation Number of
Representatives
Orange County Commissioner 2
Town of Chapel Hill Council Member 2
Town of Carrboro Alderman 2
Town of Hillsborough Commissioner 2
UNC-Chapel Hill 1
UNC Healthcare Representatives 1
Each representative shall have one vote on any matter coming before SWAG, provided
however, the representatives of UNC-Chapel Hill and UNC-Healthcare shall not vote on any
recommendation to change the solid waste program fee.
C. A Management and Oversight Committee (MOC) is hereby created to consist of the Orange
County Manager, the Carrboro Town Manager, the Chapel Hill Town Manager and the
Hillsborough Town Manager (or their designees). In addition, UNC-Chapel Hill and UNC
Health Care will be invited to designate one (1) representative from each entity to participate
as non-voting members.
Page 3 of 15
42
1. MOC will provide a forum for County and Town Managers to discuss issues
related to solid waste and recycling Services, Programs and Facilities as
necessary or requested by any Manager.
2. MOC will provide input, support, review and recommendations to County Staff
regarding:
a. issues/policies concerning solid waste and recycling Services, Programs
and Facilities;
b. issues concerning the operation and management of the solid waste
enterprise, recommend the rate structure, as well as input on budget and
issuance of debt;
c. topics for discussion with the Solid Waste Advisory Group;
d. issues relating to the Inter-local Agreement for Solid Waste Management;
and
e. other issues as may arise where staff seeks to inform or to obtain
Manager input.
3. MOC may review performance measures for the Services provided pursuant to
this Agreement and by majority vote shall have the authority to amend the
performance measures as needed as provided in Section 6. The County and
Towns staff shall track all necessary data for the performance measures
established by the MOC.
4. The MOC may review and recommend to SWAG the following: fee changes
along with significant changes to County-operated solid waste and recycling
Services, Programs and Facilities
A significant change includes, but is not limited to, elimination of Services,
Programs and Facilities or changes to Services, Programs and Facilities that
would increase or decrease the Solid Waste Programs Fees or other fees as
described in this agreement.
3. CONSTRUCTION AND DEMOLITION ("C&D") AND MUNICIPAL SOLID WASTE
("MSW") LANDFILLS
A. The County's MSW landfill is now closed; however, the County continues to operate a C&D
landfill. The County shall maintain financial, regulatory and environmental responsibility for
operations, closure, and for post-closure maintenance/monitoring, of Orange County's C&D
and MSW Landfills.
B. The County shall, pursuant to the terms of its agreement with the University of North
Carolina at Chapel Hill, monitor the operation and performance of the University Landfill Gas
Recovery System.
C. The Towns and County will, in support of the County's solid waste enterprise fund, direct
C&D waste from projects where local government funding is utilized, including public or
charter school construction and renovation, to the Orange County C&D Landfill in
compliance with the Regulated Recyclable Materials Ordinance (RRMO). The County and
Towns will encourage UNC and UNC Healthcare to require that their non-recyclable C&D
Page 4 of 15
43
waste materials generated within the jurisdictions of the interlocal agreement be delivered to
the Orange County C&D Landfill for disposal.
4. JURISDICTIONAL RESPONSIBILITY FOR MUNICIPAL SOLID WASTE ("MSW")
COLLECTION AND DISPOSAL FACILITIES
A. The Towns and County will each maintain authority and responsibility, operational, financial
and environmental, for MSW collected and transferred within their respective jurisdictions.
B. Should the County or a Town (or Towns) plan, site and develop alternative solid waste
disposal facility options the Agreement may be amended as necessary to clarify access,
ownership and operation.
C. The Towns and the County will, in support of the solid waste enterprise fund and subject to
modification, deliver white goods/appliances, mattresses, vegetative (yard) wastes, C&D
waste, clean wood, cardboard, electronics, scrap tires, and scrap metal collected by the
County or one of the Towns to designated Orange County facilities.
D. The County shall provide for the specific recycling and/or, where legally permissible and
available, the reuse of materials such as:
1. White Goods/Appliances;
2. Scrap tires;
3. Scrap metal;
4. Clean wood waste;
5. Vegetative (yard) waste;
6. Electronics;
7. Mattresses;
8. Household Hazardous Waste;
9. Motor oil;
10. Oil filters;
11. Oyster shells;
12.Antifreeze; and
13. Other materials as markets and program funding become available.
E. The County will endeavor to maximize a schedule of operation and services available
(subject to material markets and budgetary considerations and constraints) at Waste and
Recycling Centers consistent with current District/Neighborhood concept or other Waste and
Recycling Center concepts. Current District Center (Walnut Grove Church Road and
Eubanks Road Convenience Centers) services provide for the disposal and management of
recyclable materials of:
1. Residential municipal waste;
2. Household hazardous waste;
3. Cardboard;
Page 5 of 15
44
4. Waste oil, filters, and anti-freeze;
5. Yard waste;
6. Scrap tires;
7. Clean wood waste;
8. Scrap metal and white goods;
9. Cooking oil and residential food waste;
10. Recyclable materials (bottles, cans, mixed paper);
11. Rigid plastics (restricted to marketable resin type);
12. Textiles/shoes;
13. Salvage shed;
14. Electronics;
15. Batteries (wet & dry cell);
16. Mattresses; and
17. Plastic bags and packaging film.
F. Storm Debris Management. County shall manage construction debris created by or from
severe storms at its Construction & Demolition Landfill. County shall provide debris
management sites for delivery of severe storm debris. Emergency storm debris collection
and monitoring are the responsibility of each jurisdiction unless otherwise noted in a
separate agreement.
5. RECYCLABLE MATERIALS
A. Recycling programs and services that are provided at the time of execution of this
Agreement are described in Appendix B and are anticipated to be continued for the
foreseeable future. Periodic expansions, modifications, improvements or adjustments to
programs/services may be made by the Parties (subject to material markets and budgetary
considerations).
B. Any consideration of eliminating or making any substantial change to a Program, Facility or
Service shall first be discussed by the Management and Oversight Committee (MOC) as
defined in Section 11.0 so that all Parties may provide input to the decision and then
presented to SWAG for consideration.
C.� It is the County's objective to offer equivalent Services, Programs and Facilities within the
Towns. The portion of Chapel Hill located within Durham County shall receive those
Services which other parts of the Town of Chapel Hill receive. This provision does not
prohibit the County from entering into a separate agreement for additional services not
contemplated by this Agreement with an individual Town.
D. The County, to the extent reasonable, shall ensure that recycling Programs, Services and
Facilities provided by the County are of high quality and reliable with regard to: adherence to
route schedules; prevention of overflow of drop-off site receptacles; resolution of complaints;
safety; and making progress toward waste reduction objectives. If requested by any Town,
the County will endeavor to coordinate urban curbside recycling collection routing with
municipal waste collection routing within that Town's jurisdiction, to the extent possible,
consistent with collection efficiency, budgetary constraints and available resources (i.e., roll-
carts, compacting collection vehicles). The County will endeavor to maintain maximum
Page 6 of 15
45
efficiency in recycling and waste reduction programs consistent with generally accepted
industry best management practices and budgetary constraints.
E. The Towns will notify the MOC, in writing, 60 days prior to beginning any new initiative that
impacts County Programs, Facilities and/or Services.
F. The County shall make reasonable attempts to establish and maintain a 24-Hour Recycling
Drop-off Center in each Town. 24-Hour Recycling Drop-off Centers existing as of the
effective date of this Agreement will remain in service, subject to County budgetary
considerations, recyclable material drop-off requirements of the Parties, site availability,
space limitations and materials markets availability. The four current drop-off sites are:
Cedar Falls Park, Hampton Pointe, University Place (formerly University Mall), and
Meadowmont. Reasonable attempts shall be made to establish a site within the boundaries
of Carrboro, subject to budgetary considerations, site availability and space limitations.
G. Subject to state and federal law and subject to budgetary considerations and constraints,
the Parties expect that recycling services offered at the time of the execution of this
Agreement shall continue and be subject to appropriate performance measures and
analysis.
6. ORDINANCE ENFORCEMENT
The Towns will authorize enforcement of the County's Regulated Recyclable Material
Ordinance ("RRMO") within each Town's municipal limits. Each Town may assist in the
enforcement of County's RRMO within each Town's jurisdiction using their staff in
coordination with County staff. The Towns shall monitor waste collected by Town staff (or
their designated collection contractors) for banned materials in order to prevent the delivery
of banned materials for disposal. The County shall provide solid waste plan advice, review,
and approvals in concert with development applications to the Towns. The County may
assist the Towns' staff in enforcement of the RRMO and landfill bans on privately collected
waste containers. The Town of Chapel Hill shall, by whatever means are legally required;
authorize the County to provide the Services within that part of the Town situated in Durham
County.
7. SOLID WASTE MANAGEMENT - PLANNING AND REPORTING
The County, in cooperation with the Towns, is responsible for the development and timely
submission of required annual reporting and solid waste management planning to the North
Carolina Department of Environmental Quality. The Towns and the County shall cooperate
with one another in responding to requests for information, data, and records, in a
reasonable and timely manner. The County, in collaboration with the Towns, will consider
investigating increased diversion of organic wastes, especially non-residential generated
food wastes, and the expansion of commercial/non-residential recycling programs and
services and related ordinances and policies to advance waste reduction and recycling.
The County, in cooperation with Towns, shall develop recycling performance and tracking
measures for various programs of interest. The Solid Waste Advisory Group ("SWAG") has
established the initial performance measures and the MOC as defined in Paragraph 11 C will
Page 7 of 15
46
have the authority to revise measures as deemed necessary by the MOC. Collected data
will be maintained in a secure manner, consistent with any applicable confidentiality and/or
privacy obligations and the public records laws of North Carolina. The results of any
expansion or performance tracking programs developed by the County or developed by the
Towns with regard to their respective solid waste programs pursuant to this section will be
reported to the other Towns and County.
8. FINANCIAL
A. The County shall maintain a county-wide, Solid Waste Programs Fee ("Fee") to be used for
the purpose of providing the Programs, Services and Facilities within the jurisdictions of the
Towns and County annually through the County's budgetary process. Through such
process the County shall establish the Fee based on County's good faith estimate of the
expenditures and revenues of providing Programs, Services and Facilities as projected in
the County annual budget to include both incorporated jurisdictions and the unincorporated
area of Orange County. The County is authorized to collect and administer the Fee within
the incorporated and unincorporated area of Orange County. This authorization is to include
the portion of Chapel Hill located within Durham County.
1. The County will provide a projected Fee rate to the Towns by February 20 of
each year unless a multi-year fee rate is authorized.
2. Unless otherwise authorized, the Fee shall become effective on July 1 of a given
year.
B. The County shall annually notify Towns of a projected Fee increase no later than February
20. Subject to the terms and any exceptions in this Agreement, the County shall be
responsible for establishing said Fee. The County shall establish said Fee through an
analysis of projected costs related to the delivery of Programs, Services and solid waste
Facilities, including maintaining adequate enterprise fund reserves. The Fee imposed
pursuant to the terms of this Agreement shall be uniform for each billed unit throughout the
jurisdiction.
C. The County shall annually notify Towns of projected tipping fees for the C&D Landfill
(Eubanks Road gate fees for deliveries such as vegetative (yard) waste, construction &
demolition, clean wood, and other tipping fees as may be established) no later than
February 20. Subject to the terms and any exceptions provided in this section, the County
shall be solely responsible for establishing said tipping fees. The County shall establish said
tipping fees through an assessment of projected costs related to the cost of providing
service, taking into account competitor pricing.
1. Tipping fees imposed pursuant to the terms of this Agreement shall be uniform
for each Town and shall be in an amount sufficient to fully cover the costs of
providing the Services contemplated by this Agreement.
2. Tipping fees, unless otherwise provided, shall become effective on July 1 of each
year.
Page 8 of 15
47
D. Except as provided below, the County may not increase the Solid Waste Programs Fee
unless recommended by a majority of the MOC created under section 11C of this
Agreement.
E. In the event a majority of the MOC fails to recommend a fee increase under paragraph 7D
for any service where such increase is necessary to fully pay for the provision of the
Programs, Services and Facilities contemplated by the terms of this Agreement or where
such increase is necessary for County to meet its contractual obligations with any contractor
engaged in providing any of the Programs, Services or Facilities contemplated by this
Agreement, County may, at its option, terminate this Agreement as it applies to any Town
that fails to authorize said Fee increase.
1. Any termination by County pursuant to this Paragraph 7E shall be without cost or
penalty to County and shall not constitute a breach of this Agreement.
2. In the event County terminates this Agreement pursuant to the terms of this
Paragraph 7E, the Town or Towns with which the Agreement is terminated shall
be responsible for the Termination Amount as described in Paragraph 1A.
3. Any termination pursuant to this Paragraph 7E shall be effective on June 30 of
the fiscal year in which a Town or Towns fail to approve the aforementioned Fee
increase for the next fiscal year.
F. Recycling revenue is derived from constantly fluctuating markets and vendor prices and the
County maintains authorization and flexibility to market recyclable materials according to
operational and market variables that are in the interest of the County in its role under this
Agreement.
9. INDEMNIFICATION
To the extent authorized by North Carolina law the County and the Towns, each agree to
indemnify and hold harmless one another, their agents, officials, and employees, from and
against all claims, actions, demands, costs, damages, losses and/or expenses of any kind
whatsoever, in whole or in part, resulting from any acts of County, each Town, their agents,
officials, employees, guests or invitees caused by or directly related to the performance of
this Agreement, including but not limited to court costs and attorney's fees incurred by the
County or the Towns, in connection with the defense of said matters.
10. DISPUTE RESOLUTION
The Parties shall endeavor to resolve any disputes arising from or related to this Agreement
amicably through a meeting of the County and Town managers and, when requested by the
managers, the County Chair and Town Mayors. Should such attempts at amicable
resolution fail to resolve the dispute the County and Town managers shall mutually agree on
the selection of a certified mediator to conduct a mediation of the dispute. Should the
managers be unable to agree on a mediator the County may select a mediator. Should
mediation fail to resolve any disputes then such disputes shall be resolved in accordance
with North Carolina's Revised Uniform Arbitration Act, N.C. Gen Stat. 1-569.1 et seq, should
mediation and/ or arbitration fail to resolve any dispute, disputes shall be resolved in the
General Court of Justice sitting in Orange County, North Carolina. It is agreed by the parties
that no other court shall have venue or jurisdiction with respect to any suits or actions to
Page 9 of 15
48
enforce or interpret or seek damages with respect to any provision of or performance or
non-performance of, this Agreement.
11. AMENDMENTS
This Agreement may be amended upon written approval executed by authorized individuals
of all parties to this Agreement.
12. EDUCATION AND OUTREACH
County shall be responsible for the preparation, distribution, expense, and coordination of
education and outreach services related to waste management, recycling, and reduction
services and programs under its administration, including advertising of holiday schedules.
A multi-media approach will be utilized.
To facilitate unified messaging regarding solid waste and recycling services, a
communication plan shall be developed for review by the MOC. The intent of the
communication plan is to provide a framework for the development of consistent and unified
communication among the parties regarding solid waste and recycling. The communication
plan is intended to be an overarching planning document from which specific projects and
activities can be developed. The plan shall be updated by staff as requested by the MOC.
13. NOTICE
Any notice required by or pursuant to this Agreement, or any amendment or renewal, shall
be in writing and delivered by United States Mail to the following:
To Carrboro: To Hillsborough:
Town of Carrboro Town of Hillsborough
Town Manager Town Manager
301 West Main Street 101 East Orange Street
Carrboro, NC 27510 Hillsborough, NC 27278
cc: Director of Public Works cc: Director of Public Works
To Orange County: To Chapel Hill:
Orange County Town of Chapel Hill
County Manager Town Manager
200 S. Cameron Street 405 Martin Luther King, Jr. Blvd.
Hillsborough, NC 27278 Chapel Hill, NC 27514
cc: Director of Solid Waste cc: Director of Public Works
14. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the Parties hereto and is effective the
date first above recorded.
[SIGNATURE PAGE TO FOLLOW]
Page 10 of 15
49
In witness whereof, the Parties, by and through their authorized agents, have qereunder set
their hands and seal as of the day and year first above writte .
Mayor, Town of Chaperon tll� �; Iair, ange County
A
b�
ATTEST. �` ; " ATTEST:
(,664
-----
Town ClerkClerk to th Board
yy
Mayor Town of Carrboro MayorgTownof Hillsborough
ATTEST: �` °��• °°° °° AT EST
own Clerk V 1911 = Town Clerk
ly C)\ aa\\
I/11111111111
This instrument has been pre-audited in the manner required by the Local Government
Budget anol'Fiscal Control Act:
Caerboro Finance Director Y.
This instrument has been pre-audited in the manner required by the Local Government
Budget and Fiscal Control Act:
Chapel Hilnance Director
.rr-ek.rft i
This instrument has been pre-audited in the manner required by the Local Government
udget and Fi,scal Control Act:
.4
Hills rough Finance Director
f .,r
This in "rumen as been pre-audited in the manner required by the Local Government
�) ,
Budg��nd FlsControl Act:
j
OrangeCounty Finance Director
Page 11 of 15
50
APPENDIX A
Solid Waste Programs Fee
Billed Units Per Jurisdiction
Fiscal Year Jurisdiction Billed Units Percentage
2017-18 UNICORPORATED ORANGE COUNTY 24,591 39%
2017-18 TOWN OF HILLSBOROUGH 3,904 6%
2017-18 TOWN OF CARRBORO 10,071 16%
2017-18 TOWN OF CHAPEL HILL 24,510 39%
2017-18 OVERALL 63,076 100%
Page 12 of 15
51
APPENDIX B
Services at Time of Interlocal Agreement Adoption
As of the date of the original adoption of this agreement, the Services provided to the Towns by
the County include:
Weekly residential curbside collection (single stream) — co-mingled collection currently
provided by contract to the County with 95 gallon roll carts; materials include clean-dry paper,
metal cans, glass bottles and jars, plastic bottles/tubs/cups, drink and milk cartons, cardboard,
aerosol cans, aluminum foil/trays
Multi-family collection (single stream) — co-mingled collection available to all multi-family
facilities throughout the county at necessary collection frequency; materials include clean-dry
paper, metal cans, glass bottles and jars, plastic bottles/tubs/cups, drink and milk cartons,
cardboard, aerosol cans, aluminum foil/trays
Food Waste collection — available to a limited number of restaurant, food preparation,
supermarket, and other approved commercial locations (pre and post-consumer) who meet a
County-established minimum monthly quantity generated threshold and can adhere to quality
requirements and accessibility
Bar/Restaurant and other commercial location collection (single stream) — objective of
providing services to all establishments in the county subject to available funding
Downtown Cardboard Collection (Chapel Hill only) — fee based on negotiated rate directly
with Chapel Hill and typically available to other Towns upon request
Downtown Pedestrian Bins — fee based on negotiated rate directly with Chapel Hill, Carrboro
and Hillsborough and other locations in all three Towns for a fee upon request; subject to
coordination and approval by County of receptacle used and level of contamination of materials
Park & Ride Lot Collection (currently 4 locations in Chapel Hill and 2 in Carrboro) - fee based
on negotiated rate directly with Chapel Hill and Carrboro and may be available to Hillsborough
upon request; subject to coordination with County of receptacle used and level of contamination
of materials
Municipal Park Collection - fee based on negotiated rate directly with Chapel Hill and
Hillsborough and may be available to other Towns upon request; subject to coordination with
County of receptacle used and level of contamination of materials
Government building collection for all local governments and OWASA — recycling service
available to all local government buildings and OWASA; other government buildings at County
discretion and available resources
Public Housing - (multi-family style service or single family, as appropriate to housing type) —
public housing will be serviced in the same manner as other residences, whether multi-family or
single family type service; County to provide periodic communication as needed with
Department of Public Housing regarding outreach and education of residents, management and
other changes to services
Page 13 of 15
52
Public Schools collection -- fee based, contracted service negotiated directly with the
individual school system
Hours of Operation — County will establish hours of operation for County Services/Facilities;
County will consult with Towns when changes in hours of operation are being considered,
except in extenuating and temporary situations such as storm events; County will post on its
website any event that impacts regular facility hours of operation
• County shall post service and facility holiday schedule and make a good faith effort to
coordinate service schedules to the extent practicable.
Recycling (unstaffed) Drop-off Centers — recycling drop-off centers within the Towns will be
serviced by County on an as needed basis; materials include clean-dry paper, metal cans,
glass bottles and jars, plastic bottles/tubs/cups, drink and milk cartons, cardboard, aerosol cans,
aluminum foil/trays
• Towns will cooperate with County to site or maintain current locations as necessary.
• County will, with the relevant Town cooperation, maintain the sites with regard to screening,
signage, litter collection and illegal dumping (includes any existing agreement for site
maintenance)
Staffed Waste and Recycling Centers — centers are serviced by County on an as needed
basis; materials include at various sites: household waste, plastic film, batteries, oil, oil filters,
antifreeze, electronics, hazardous waste, clean-dry paper, metal cans, glass bottles and jars,
plastic bottles/tubs/cups, drink and milk cartons, cardboard, aerosol cans, aluminum foil/trays,
food waste.
Hazardous Household Waste drop off for residents
Electronics recycling
Page 14 of 15
53
Appendix C
ILA Process
oilr
EM
z
go
Page 15 of 15
54
Water & Sewer Capacity and
Land Use Planning Update
Joint Town/County Meeting
February 17, 2025
_ I•I
TOWN OF
HILLSBOROUGH
55
Topics
• Town Water & Sewer Capacity Constraints and Updates
• Town and County Land Use Planning Updates
56
Water & Sewer Capacity Status �G��
• Reported to Town Board on sewer capacity in Mar. and
Aug. 2021, Nov. 2022, Jan. 2025
• Projection through 2040 - K„
• Projects based upon water capacity spreadsheet provided by planning, '
department— committed and potential
A
• River basin is capacity constrained due to wet weather .
• Monitor Elizabeth Brady basin
• Other smaller pumping stations projected capacity concerns Pump Station Basins WE �
�+ •.yCOG� �we6NN,G.M Finu%
• Currently working on water system capacity modeling
•^�• Gravity Sewer Malrvs nava
twin axa urameec(metes) .
n crwar
• Currently evaluating long term wastewater options ~ . =v
-4— ■
w�»
F
®MRSIMIN&MMOMM6 s
57
Water Supply
• WFER
Estimated days
%,Remaining Streamflow Channel Remaining Remaining with
Mean Total Storage Unusable Usable Storage Useable Current Average Augmentation Loss Lake Orange Days of 20%
Condition De pth Elevation al Storage al al Storage al Daily Use d d Multiplier Supplement d Storage Evaporation
Phase 2 53 643 1,629,157,124 7,692,649 1,621,464,475 100% 1,700,000 650,000 1.2 645.91 516.73
Full
• Jordan Lake Allocation (1 MGD)
58
Wastewater Plant
Wastewater Plant Daily Flows
3.5 ♦ • a
3 2019 AVG
♦•. ♦: :♦ •
�2024 AVG
2.5 ♦ • • • . . •■ 2019 MAX
2 •�♦ • ♦� •• ♦♦ •• • � ♦♦♦ #- 2024 MAX
♦ •
• ♦ � ♦• •~• ' •i ♦
-Max Hydraulic Capacity
Ls
1 • • ♦
0.5
0
Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec
59
Future Wastewater Flow Projection
Hillsborough Wastewater Average Annual Daily Flow
Million Gallons per Day
3
WWTP Rated Capacity
Baa.lilla-
201a2020 2040 Cone of uncertainty
AW-9. Average ..ga
2.5 Daily Dally 2026 Avenge 2000 A-,." Daily
Flow Floe Dally Flaw Cady Flow Fdew
Fbw IMDDI IMOO} pMODI { D1 IF40DI
Non C—.,Mad Hew NIA 020 0.36 0.02 000
V-Oop—m Flow Rafe
Commielvd Naw NIA 0.18 0.36 0.02 001
Z El"elopmar4 Flew Rafe
iolal Now D"aloWoM
Flow Rote(N.1 Rreposad NIA 0.31) 0.72 0.08 0.01
Inuemei
1e1a1 WWrP Flaw Rate
{Cumulalive� IAS 1A4 2.16 2.20 2.21
1.5
Trendline
1
Past 16 years of historical data averages an annual
increase of 2.4%in average daily hydraulic flow.
0.5
0
eo m o .-i N m v 1n n m m o .—I N m v 1n io n oo m o .-I N m v
0 O .-I .-I .-I .-I c-1 N c-I .-I .-1 .-I N N N N N N N N N N m m m m m m m m m m ct
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N
60
Nutrient Limitations
• Falls Lake Rules
• Town wastewater permit limits pounds of nitrogen and phosphorus
discharged annually
• No concentration permit limit for these but measured in mg/L and converted to pounds
• Nitrogen is of main concern
• Found in organic waste (i.e., mostly human and food sources)
• Limited to 10,422 lbs. per year
• Used 68% in 2024
• Noticeable increase in 2023 and 2024
61
Other J
Development Project Recommendation
Considerations
• Planning and Financial Considerations
• Current and Future Land Uses (Town, ETJ, County)
• Comprehensive Sustainability Plan
• Transportation Planning
• Utilities Capital Improvement Planning
• Financial Benchmarks
• Water and Sewer Area Planning Boundary Agreement
• Already Committed Projects and Status
• Town Resources
• Political Will
62
CapacityTakeaway
Utilities Staff Concerns in Priority
Order
1. Collection system
2. Distribution system
3. Nutrient wastewater limits
4. Water treatment process limits
5. Water
storage/fire protection
6. Water supply
SUPPLY WFP DIST COLL WWTP
® HILLSBOROUGH
63
Figure 4.4. Potential Growth Areas
Ce vaa.00nai ivwKoo
MCcmwm.,rea
Sewer Capacity Connection to Land Use Plans ms
a ��� �ry�a�ary
--�rsUsee �ry
• The CSP recommendations: ;--
• Reduction of the Urban Service Boundary to
p p g
revent/reduces sprawl and encourage consolidated
infrastructure. This will impact the WASAMPBA _ p
agreement and necessitate updates.
a
• Adjusting the UDO during the re-write to include
more flexibility through zoning for lot size, density,
and housing types . Po
� F L_ armx rn
f a§
• Future alignment of the FLUM with Fig. 4.4
(Potential Growth Areas) This will impact the COCA sfgnf an9�°erandp�sY,,, -agreement a n d JPA with Hillsborou g h and Orange Improvements depending on type of
land use proposed and available Flow
and capacity ofthesystem.
County.
S-r-TheT wn of Wkh—r gh
FeTIMMIMINER1100-Mom s v
64
Communicating About New Projects with
Developers
• There is limited capacity for development projects that will use a large
amount of water/sewer, at this time
• Utilities will evaluate potential available capacity for projects at the pre-
development meeting, but capacity is not guaranteed until a Water and
Sewer Extension Contract is executed (construction drawings)
• There are options for developer cost sharing and/or modifying scheduled
water/sewer improvements with developers through conditional zoning
and development agreements
• Properties that want to develop immediately, located on the edges of town
may look to evaluate cost/benefit of developing in the County with
well/septic vs. annexation into the town
65
Orange County Land Use Plan Updates
• What information should the town be aware of regarding Orange
County's in-progress land use plan updates?
66
Attachment 4a
A recent Hillsborough Landfill (NONCD0000483)Remedial Investigation Work Summary was
produced by Zi-qiang Chen, an Environmental Engineer at NCDEQ, of all the work that has
been completed thus far. The full summary document is attached.
The timetable is excerpted below:
1). PRLF started the initial site investigation in later July or early August 2017. The
First Phase Investigation Report completed and approved on May 29, 2018. (See Figs. I
& 2 below).
2). The site waste delineation (waste boundary outline) was completed on November 23,
2018. (See Fig. 3,from 483DP-3 Report).
3). Initial site field work for above-ground landfill gas survey (Fig. 4—methane gas
monitoring; Fig. 5-mercury sampling), surface water (Fig. 6) and sediments (Fig. 7),
were completed on January 17, 2019 (483DP-6 Report).
4). Groundwater monitoring wells were installed in Tasks 483DP-7,8 & 9 in early 2019,
Report approved on June 20, 2019 (Fig. 8, groundwater monitoring wells location map.
483DP-9 Report); Following-up 3-month groundwater monitoring reports were approved
on July 19, 2019 (Fig.9 Groundwater flow direction; and Fig. 10 groundwater sampling
results. 483DP-12 Report).
5). Scattered pockets of wastes in the site were investigated in 483DP-14 Report.
Additional RI investigations were conducted and reported in 483DP-15,16& 17 Report.
6). Comprehensive landfill gas sampling and analyses,potable well sampling, and
surface water/sediments investigations were conducted during the years of 2020 through
2023. The final 483DP-1925 Report was approved on March 24, 2024. The key results
include: Fig. 11 - Site Landfill gas monitoring results; Fig. 12—Potable well monitoring
results; and Fig. 13,following-up surface water/sediments monitoring.
7). The anticipated date for completion of the site's investigation work is December,
2024.
Once the Remedial Investigation Summary Report is completed by the consultant and approved
by NCDEQ, the PRLF Program will create a DRAFT remedy design plan. This DRAFT plan
will be available at the public library and posted in the newspaper for 3 consecutive weeks,
followed by a 45-day public commenting period in written form. NCDEQ will address each
public comment in the finalized remedy design plan.
67
Hillsborough Landfill (NONCD0000483) Remedial Investigation Work Summary
Ziqiang Chen,PhD,Environmental Engineer II
Pre-Regulatory Landfill Program,Superfund Section
NCDEQ,Division of Waste Management
1646 Mail Service Center
Raleigh,NC 27699-1646
(919)508-7144
zi-giang.chens@deg.nc.Gov
2024.08.16, Raleigh,NC
1). PRLF started the initial site investigation in later July or early August 2017. The Fist Phase
Investigation Report completed and approved on May 29, 2018. (see Figs. 1 & 2 below).
2). The site waste delineation (waste boundary outline)was completed on November 23, 2018. (see Fig.
3, from 483DP-3 Report).
3). Initial site field work for above-ground landfill gas survey (Fig.4—methane gas monitoring; Fig. 5-
mercury sampling), surface water(Fig. 6) and sediments (Fig. 7), were completed on January 17, 2019
(483DP-6 Report).
4). Groundwater monitoring wells were installed in Tasks 483DP-7,8& 9 in early 2019, report approved
on June 20, 2019 (Fig. 8, groundwater monitoring wells location map. 483DP-9 Report); Following-up 3-
month groundwater monitoring reports were approved on July 19, 2019 (Fig.9 Groundwater flow
direction; and Fig. 10 groundwater sampling results. 483DP-12 Report).
5). Scattered pockets of wastes in the site were investigated in 483DP-14 report. Additional RI
investigations were conducted and reported in 483DP-15,16& 17 report.
6). Comprehensive landfill gas sampling and analyses, potable well sampling, and surface
water/sediments investigations were conducted during the years of 2020 through 2023. The final 483DP-
19-25 Report was approved on March 24, 2024. The key results include: Fig. 11 - Site Landfill gas
monitoring results; Fig. 12— Potable well monitoring results; and Fig. 13,following-up surface
water/sediments monitoring.
7). The anticipated date for completion of the site's investigation work in December, 2024.
68
M
'I IALi
J�JCC
*7
40
7.6
fS
20 F7�i1•n
I i.ri
10
■
o•,r;t� -1
_15
-2U
�9
Flin
i
I5
A
-SG !is
(M&Mp 9
'rUMCon LITY ZO=17 Mor@!MISM
S&M E !-I L:;b:AtLYJL21 Ll 14LOILL W;FY YkAS I L 143":2"—SS Lh I ry
fir®■_out Mer!`_■r rm
rua tl■elrcurupnrse 1elraiin L'unduL,9%l y Mop Iln niMWO
L4 mubibmMugti L WKMI
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Fig. 1 First Phase and geophysical survey results.
69
_ L9
--77 -
I
J.
' 3
' n
-
i
1 g z
-� .lf� Q PROPERLY 6IX1M61RY 'uwe ren
..,.." _ B4TIMhTEP 4NARTE P®PORK MEh A
- - — QPAReFt 9OURCIR'r '3
Fig. 2 The waste boundary outline (483FP-1-5 Report).
\ \ 111=
I 1 �
YNA'+TE PIGPOSPL AREA � / -- - a 8�Z
2 � � l wnsTE PISPGsu nREn m
-yFlL _
6 � / . eoRlRG RAT VE salt
E / /" o �RlRG-Fu )oRARGE CG.swRv 1 s=1w'
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- - .` '•` -- ��RVPAkVPI BSU�REAM) EGG.SIiRVEY} PP:vE[T�
I/ _ ( SURVEY) 1d-}I.1B
j - LGOR WEA5TEje R! PES pARpLPMB:EP AREASOF
� s��avcuo_
-- ®SPRFICIAL WAGTEAREA �1
.� OPROPERBYBDUNCARf(—GEGO.SURVEY) i
Fig. 3 Waste boundary determination by extensive borings (483DP-3 Report).
70
tf
Fig.4 Above-Ground vapor screening Methane Gas result. (483DP-6)
- '
III E
CA A# = g�
� � �;� .�x,,;�o •, .�.,, ten, ���� ,��.-e� � m
-�
Fig.5 Above-Ground vapor screening (mercury) result. (483DP-6)
71
1
7Z 111=
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P�
f
_ •�.. •aw•,� ,•• I �� �� 4 auae.ce wnxn swr7rxo eoc.�».. .
Wft Fkpnuue9uFFBS �
o• x�, 4
Fig.6 Surface water sampling result. (483DP-6)
RFD I
VI
I
. •.m..«nm.enc..mnunr..nu. "`""""' m '�w �� _ � r xr.rx x°°
rm on¢p� wt a x7 EIE'i#'roN C[FtF04.e
reoevrvwam� �16M4 ' C�]mrs axx¢stA�fKw)�scF nu.on ,,.�...
Fig.7 Sediments sampling result. (483DP-6)
72
ISI E
Fig. 8 Groundwater monitoring wells' location map (483DP-9 Report)
Fig.9 Groundwater flowing direction. (483DP-12 Report)
73
III s
Dna vreYter.w wo ie �, 1 }
...K o R
FErtm 1` ¢
m
Se ww —
unF°°
�.IJ1 ,
43�T7
...._ -- _ '.y,i�yplrsm wAi'![ w MCLIIXSY[35aF wu tAR WAiR wu1uEr
� pILYCMGtiY)cE�4PG
,_- ` tiiexocxasvc�er�rrvL�v.s�:wxvreLvs 3
Fig. 10 Groundwater sampling results (483DP-12 Report)
Z m III a
r s
S I ACRES
.. .. .
♦rmn9m axe
�vv e.. S'rrci a i .�b033
1.5 11.10
�rr�t u� wCa ncLwesue.Dariu M.lwxit�eu�w�e rcuL�u
Fig. 11 Subsurface landfill gas monitoring results (483DP- 19 25 Report)
74
.. IQI=
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150A CRE
Eg
Fig. 12 Groundwater following-up p�monitoring results (483DP-1925 Report)
)
.,
tea.
II i«
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-111111
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Fig. 13 Following-up surfacewater/sediments monitoring results (483DP-1925 Report)
-------------------------------- The End -----------------------------------------
Date: February 2025
To: Orange County Dept. of Environment, Agriculture, Parks & Recreation
Improving Recreational Opportunities
in Fairview Park
Introduction
Fairview Park has long been an invaluable resource of the Fairview
community, created through decades of advocacy and community effort.We
thank the Orange County Department of Environment, Agriculture, Parks &
Recreation for their continued investment and care of this essential community
space. Today, the park faces challenges in fully meeting the needs of Fairview
residents, especially youth, who often feel disconnected from its facilities.
To address these concerns, the Fairview Youth in Action (FYIA) and
Fairview Community Watch (FCW) have worked closely with community
members and partners to identify actionable steps to make Fairview Park a
more inclusive, accessible, and engaging space for all residents.
This memo proposes immediate and long-term actions for improving
recreational opportunities in Fairview Park, including:
1. Installing temporary soccer goals on the existing baseball field,
2. Addressing maintenance needs at the existing playground and facilities
located by the Dorothy Johnson Community Center, and
3. Improving the shortcut connecting Fairview Park and the neighborhood
at Homemont Ave. and Rainey Ave.
Our Process
The history of Fairview Park as a symbol of community resilience and
connection is at risk. Many Fairview residents do not feel fully included in the
recreational opportunities provided at Fairview Park.This sense of exclusion
has led to decreased park use and call for improvements amongst residents.
Since 2021, FYIA and FCW have engaged residents, local leaders, and
stakeholders to understand these challenges and identify solutions.This effort
culminated in the creation of the Fairview Active Living Plan 2022-2027
("Activate!"), a community-driven plan for improving active living in the
neighborhood. In coordination with the UNC Food, Fitness, and Opportunity
Research Collaborative (UNC FFORC), the Fairview Youth in Action conducted a
public park audit and observations in the summers of 2021 and 2022, and
solicited feedback from the community at Walk Fairview Day, an annual
community event held in August 2021-2024.Activate! helped shape
understanding of the current gaps and opportunities for improvement.
1
7
Our Findings
Through community engagement with residents and partners, we have
identified three primary concerns:
1. Inclusive Recreational Opportunities: Lack of recreational
opportunities that represent and celebrate the diverse cultures of
Fairview.Adding options like a soccer field, would attract more residents.
2. Under-Maintained Playgrounds and Facilities:Aging playgrounds and
amenities (such as benches, signage, and water fountains) detract from
the park's appeal and use (see Appendix C).
3. Disconnected Walking Trails: Need for safe, accessible trails
connecting the park to the neighborhood and a limited trail network
within the park.
Our Priorities for Action
Based on these findings, we recommend key priorities for action, including the
following immediate, inexpensive actions and longer-term investments:
Priority I. Install a Soccer Field
• Short-Term: Install moveable soccer goals on the existing baseball field
(see Appendix D.)
• Long-term: Build a permanent soccer field.
Priority II. Improve Park Facilities Near Dorothy Johnson
Community Center
• Short-Term: Replace benches and water fountain, repair playground
equipment, and improve landscaping at Orange County park facilities by
the Dorothy Johnson Community Center (see appendix D.)
• Long-Term: Explore opportunities for the Town of Hillsborough to
operate playground and facilities in coordination with the Dorothy N.
Johnson Community Center (see appendix D.)
Priority III: Improve &Expand Walking Trails
• Short-Term: Improve the shortcut connecting Fairview Park and
neighborhood at Homemont Ave. and Rainey Ave.
• Long-Term: Develop a trail network connecting key community sites,
such as the Dorothy Johnson Community and community garden (located
on Tulip Tree Rd.) (see appendix D.)
Conclusion
Improving Fairview Park is essential for preserving its legacy and
fostering a sense of belonging in Fairview. Implementing these proposed actions
2
7
will ensure Fairview Park is an inclusive, safe, and welcoming space for all
residents.We urge the Orange County Department of Environment,
Agriculture & Parks & Recreation to collaborate with the Fairview Youth In
Action, Fairview Community Watch, and partners to make these much-needed
improvements a reality.
Respectfully Submitted,
Activate! Parks Work Group Membership
• Izel DeJesus Sanchez, Fairview Youth in Action Intern 2021-2024
• Stephanie Montano Cancino, Fairview Youth in Action Intern 2021-2024
• Nicole Bocanegra, Fairview Youth in Action Intern 2021-2024
• Melani Hernandez Garcia, Fairview Youth in Action Intern 2024
• Edith DeJesus Sanchez, Program Coordinator, Fairview Youth in Action
• Jessica Colon-Diaz, Program Coordinator, Fairview Youth in Action
• Faylor Riley, Fairview Community Watch President
• Judit Sarai Alvarado, Field Coordinator, Food, Fitness, and Opportunity
Research Collaborative (FFORC), UNC Chapel Hill
• Kevin Giff, Program Manager„ Food, Fitness, and Opportunity Research
Collaborative (FFORC), UNC Chapel Hill
• John Kenneally, Fairview Community Watch Board Member
• Sayoko Kawabata, Fairview partner, Fairview Community Watch
• Diana Montgomery, master gardener, Fairview Community Garden
3
M,
Appendices
A. Activate! Fairview Active Living Plan 2022-2027
In 2022, the youth participants in the Fairview Youth in Action program
developed the Fairview Active Living Plan 2022-2027 ("Activate'), a
youth-driven, community-engaged plan that outlines goals and
recommendations to make the Fairview neighborhood a healthier and more
active place to live. Find the full report Qo.unc.edu/activatefairview.
B. Community Feedback Summary from 2021-2024 Stakeholder
Meetings
• Park Audit, Fairview Youth in Action interns, summers 2021 &2022.
• Community Feedback, Walk Fairview Days, August 2021, 2022,
2023, & 2024.
• Community Feedback, Fairview Community Watch meetings,
Vc,t Q o p �r -tnp �f F d I R V I I_ KI
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F rvc"' p„xfl
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NAN
�F� porv..and m•kr) 4S pt0�pnro per eos
���y�C PJ � ja C_MrfOs Pp1f40L •► • t_pl,
00000 •• • N*rte+ .w,.�,
• 7 W
• � �� ''d t
Ch.Ss•••0• i i M
Walk Fairview Day Dot Voting 2022 Walk Fairview Day Engagement 2024
4
C. Fairview Park Assessment
4:
I¢+
Park Facilities near Dorothy Johnson Park Facilities near Dorothy Johnson
Community Center Community Center
ti
Park Facilities near Dorothy Johnson Park Facilities near Dorothy Johnson
Community Center Community Center
D. Multi-Use Field Example
Source: Pine Banks Park Source: Gale Associates
5
• . . . - . q . . - - . - '
Tulip Tree Rd Fairview Community Garden
Legend
Proposed Park
3.Improve&Expand Improvements
Walking Trails Corot by N.Johnson
Carnrnunity Center
Shortcut Trail
Key destination
Connections
Fi eld nl breams
Baseball Field
Expand.Trail s
2.Improve Park Facilities
Near Dorothy Johnson
Community Center
73
w
sb
1.1+ilcyahle Soccer goal
Fairview Park
FFO
��a� -� � ��� • ' • Habitat
Food. Fitness•Opportunity � ��
for Humanity'Research Collaborative LZis �. r. rrry � Orange County, C
Fairview Youth in Action Program
About the Program
The Fairview Youth in Action Program is a paid summer program for high-school
aged youth living in or connected to the Fairview community in Hillsborough, NC.
The program is sponsored by the Fairview Community Watch (FCW), the UNC Food,
Fitness and Opportunity Research Collaborative (UNC FFORC), and Habitat for
Humanity of Orange County (Habitat)
Program Background ''
1
Active communities are places that make
physical activity (such as walking, biking,
or playing) a safe, accessible, and F
P
enjoyable part of everyday life. Yet many j
communities, including Fairview, are not
designed to support physical activity.
This makes it hard for Fairview residents =
to walk, bike, play, socialize or otherwise
get out and about in the neighborhood.
These concerns are felt by youth living in
Fairview. Over the past four summers,
youth in the Fairview Youth in Action
program have made active living their
core priority. Each summer, program
participants assess active living
challenges, meet with partners, and
complete improvement projects, like
clean ups, community garden work days,
and sharing newsletters, to make j 3
tangible changes to their community. °. , ',
FFORC
�� Habitat
� k
Food. Fitness•Opportunit
Research CollaborativeCollaborativerfor Humanity'
rrrr � Orange County, C
Fairview Youth in Action Program
Our Process
Assess Our Communities
Over ten weeks, the Fairview youth conduct a series
of mapping and assessment exercises to understand
Fairview's strengths, weaknesses, and opportunities
when it comes to active living.
Learn From Our Community
Participants meet with local city planners,
researchers, politicians, and community members to
learn more about what can be done to make Fairview
a safer, healthier, and active place to live.
Make Partnerships
Participants build relationships with local '
organizations and stakeholders that are interested _
and willing to support the youths' goals for Fairview.
ti.
Create an Active Living Plan
Participants take what they learn to create an Active
w
Living Plan for Fairview. This plan outlines the - _
youths' recommendations for improving the _
neighborhood, including safer walking routes, more
d
recreation facilities, and programming opportunities
that can support physical activity in Fairview.
1 l
The youth gather community input on their plans -
during Walk Fairview Day. Then, they will revise,
improve, and apply their final plans!
Want to stay up to date on the Fairview Youth in Action Program?
Contact Kevin Giff (giff@a unc.edu) or Judit Alvarado (jsa@a unc.edu)
83
Hillsborough Station
Transit Oriented Development
Joint Town/County Meeting
February 17, 2025
I•I
TOWN OF
HILLSBOROUGH
84
Topics
• Project Background
• Potential Uses
• Development Constraints and Variables
• Next Steps
85
Project Background
• Approximately 19.6 acres of town-owned property
between railroad tracks and Gold Hill Way/Orange
G rove Ext.
{fi :• ,,
Y i
•
Primary use of site is for construction of train station
but remaining property will be available for the townul g
for additional complementary development
y:p
r
• Comprehensive Sustainability Plan goal is to set aside : :
1/3 of remaining site for affordable housing (about S
r �
acres)
ZZ
® HILLSBOROUGH
86
Project Background
• Train Station development `=ti �.�
plan covers approximately `
C
4• /7 acres S � foil g
• Station will be about 8,000 I HAWGR[CYCIIWG �- •ifdAlW
srAxl(7q ti"1: i
GUSD
eus prtOcrvrr
s///yyyft and include town offices {
1 1 a nW s'�ei I - I
�•A1 PARI(ING SPAt.E� }y�
i3
andmeeting space 4J,. GPAG�s ON 51REEI
ING SPACES •
e
WIANGE Gka7NE 37 1L,-ly r - 1 •.
-, i •' +r t
�a
® HILLSBOROUGH
87
Project Background
PERSPECTIVE FROM DROP-OFF
l _
I
iii HILLSBOROUGH
88
Project Background
------------------------------------------------------------------- -
rvi
■
� iiia ii i i i r■,:....
El El
rl
MCI
TbrES
ri
0-1
u■i.■■■■■■■■ ■■:■■■i■,n■.■n■■ -
I�
■
iii HILLSBOROUGH
ti
, y
89
Project Background
JUNE
MAR
�...
SOLAR PANELS DAYLIGHTING HIGH-EFFICIENCY MECHANICAL STORMWATER MANAGEMENT
SECTION THROUGH BOARD ROOM - SUSTAINABILITY FEATURES
nI -
90
111s 47.
} EIEVATORs
`= ! �- - FUTURE FECIRTHERIN '
Potential Uses f ��° � _
`'` �' T14RA41RC1lld
'd
AATIFORMA
r Y
Bubble map shows potential �. OUTDOOR 5WlNG
connectivity network and f,11 9 ET#TIC}N -N71 ,-°. ,'=-. ,.._....-FUEEMELEVkTEQ +,=��'• 'S`
qAY
„pad" uses — totaling 9.64 45 PARKING S� �
A --PUMP STATION,
•p �.
acres TRASR'AND RECYCLING . ✓
OkLECTIQN - ' . . i''- +q TRAIN
STATION
PASSEhIGEIdAIdIJ - . dryly
• 5.7 acres residential BUSDRPQFsF • POP
.AR:--
ET
-;
#ON STRE
• 3.2 acres commercial PARKINGSIPC
Civic
nlercial
• .74 acres CIVIC use -- 42PAR IONGSP4CES _ +f-.74a-c ac
w y~�
�� • V - __
I-' tea' F!1"7'I1RE PugVC STREET
•
Optionally, commercial and ' Corn nerciaf �.d17
residential may combine in �i d/oAfforFAaie i
< +A +f-1.08.ac
ti ,' andfar Market " Affordable
■ Rate Housing
�� a end/oe Market
mixed-use projects �4 = °; _ 2.97 ac ar Rate Housing
'G(51[]HFlL WAY --- �
P +f-2,76 ac r
HILLSBOROUGH
91
} C(EVATORs
= ! - FUTURE FECJRTHERIN '
Potential Uses f ��° � _
`' �'" T14 RA41RC1lld
AATIFORMA
R C w
-` _ OONSTRIJCTEd
WETLAN
What about the rest of the�w � F - �. 5PACE' s ,��� . f-. .
�9ii�RETEI1iTION �.._ `•sPArE
ro{��JertV? 19.6 - 4.7 - 9.6 = -_, }. , .
property?
_ / • FUTURE EL EllkT•Ed - - ✓ 1
45 PARKING Sp1k S, '
5.26 acres left
Al —PUMP STATION - •p - �.
TRASH'AND RECVCL . =•� ,✓ .
• The remainin g space is needed Q �Een � - STATION
�
t-NGE RAND
for streets sidewalks eras DR44
1 ! ON STREET
PARKING SPACES
landscaping, buffers, C Kic
42 PARKING SPACC E 5 r _ +{-.74 ac
stormwater management, etc.
g w
• And — each development pad ,.• , .� � WEFUT
, RU'R" ..
1 I 11 RfLPF - -
will need to preserve space for •` Comrnerciaf
parking, landscape, circulation, 4le
d/ordalak a .
- - +/ 1.08.ac
anr Market LiAffordable
/'�
■ Rate Housing 2 and/or Market s
etc. */ 2.97 ac Rate Housing
'G0111 H'F!L WAYP
�
+f-2,76 ac r
� �r
HILLSBOROUGH
92
} C(EVATORs
`= ! �- - FUTURE NO ERIN '
Potential Uses fTIF° � _
'd PLATIFORM
_ :z CONSTRUCTEd a
- sss
What do you mean by Civic F - �. OUTDOORsWiNG . f .
�9idRETENTION �.._ `•sPArE �� }
rs�4,1FUFURE ELEVATED - - ✓ �1
45 PARKING 5p1k S�
• There are multiple partnership p p p ., --PUMP STATION � •p �
TRASH'AND RECYCLING . ,✓
C��1f LECT1Qhl
options for the board(s) to - TRAIN ,
STATION 11 ✓1
•�afr
s� raOEaallo _�, ` .'��. j '.. �.Alr,�y
consider, including transit hub - er,Ai 1--, _
#ON STREET � -
i�
and arts/performing arts PARKING SPACES evK mercidll
space - #2PARKING SPF�ES -
.92 ac ,
w
w-
• Town staff has been working -
.. FI7'7'EIItE RUB!_Pc STRE
with County staff on a �� 1. ----- r
potential RAISE/BUILD i;(
+J-1.08 ac atto-rdalaVe
- 4 anate Market " Affordable
■ Rate H®ilskng �
application to support a transit ' a end/°`Market
2.97 ac Rate Horsing
hubI111 HILL WAY
_4i P +f-2.76 ac r
� �r
93
Potential Uses
= \ 4 ` ,
14�
0k,
•
a
�• . �' �. ,
• How big are those ti
1, ,► Er�ak� `�
development pads? What
couldg o there?
4 6
._ Multifamily — 271 units and ground floor retail
with structured parking — 3 acre site
Medical Office — 25k sqft with surface parking — 2.8 acres
® - s s
94
Potential Uses
• How big are those
�4
development ads? What .
could go there? -
4
0111 r
Retail/Office — 9k sqft with surface parking — 1.13 acres
r � r
� r
s
Mixed Use— 23k sqft retail/office, 94 residential units with surface parking — 2.65 acres
® i
95
Development Constraints and variables
• Parking
• Residential uses require 1.4-2 parking spaces per unit, commercial uses
requirements vary by use
• Parking spaces require 270-300 sf of space each, exclusive of drive aisles and
buffers — lots of new impervious surface
• Structured parking yields more parking per acre, but costs significantly more
($28k/space for structured parking vs. $2,500 for surface parking)
• Opportunities for shared parking in new development exists, but there are a lot
of potential uses (train station, transit hub, residential, commercial, etc.) —
some may have complimentary high-use times, others may conflict
• Potential RTP Train Station could mean significantly more parking needed
96
Development Constraints and variables
• Utilities
• Depending on the mix of uses, some water and sewer capacity constraints may
exist that limit the size and scope of development
• Stormwater — on-site treatment and containment may take up a significant
portion of developable property
• Infrastructure
• Depending on disposition of property, town may be on the hook for site
preparation, street network, etc.
• Disposition Method
• Open sale, RFP for master developer or site developers, ground lease, etc.
97
Next Steps
• Train Station
• NCRR PE approval, permitting, construction design, bidding, etc.
• Hillsborough Station TOD
• Market study — what land is worth to developers, what likely uses are attractive
• More detailed site planning for road network, utilities, stormwater management
• Property disposition options and likely ROI for the town
• Civic Uses
• Discussion with Town/County boards on support for transit hub and/or
arts/performing arts space