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HomeMy WebLinkAboutMinutes 11-01-2011 APPROVED 12/13I2011 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING November 1, 2011 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, November 1, 2011 at 7:00 p.m. at the DSS Offices, Hillsborough Commons in Hillsborough, N.C. COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier and Commissioners Valerie P. Foushee, Alice M. Gordon, Pam Hemminger, Barry Jacobs, Earl McKee, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: County Manager Frank Clifton, Assistant County Managers Gwen Harvey and Michael Talbert, and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately) 1. Additions or Chanaes to the Aqenda Commissioner Yuhasz introduced Orange County's new Health Director, Dr. Colleen Bridger. He said that she had been Health Director at Stokes and Gaston Counties and recently worked in Greenville, South Carolina. The Board welcomed her. A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz to add another item to the closed session: for the purpose of" to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee, " NCGS 143-318.11 (a)(6) VOTE: UNANIMOUS Items at the Board's places: Pink—staff responses related to Commissioner Gordon related to item 5-h, Comprehensive Plan and Unified Development Ordinance (UDO)Amendment Outline and Schedule for Upcoming Items; and staff responses to Commissioner Gordon related to item 5-I, Legal Advertisement for Quarterly Public Hearing — November 21, 2011. White— PowerPoint for item 9-a, Economic Development Status Update. Chair Pelissier asked that item 5-h be pulled from the Consent Agenda so that the members of the public that have signed up for this can speak to this item. A motion was made by Commissioner McKee, seconded by Commissioner Yuhasz to pull item 5-h from the consent agenda. VOTE: UNANIMOUS PUBLIC CHARGE The Chair dispensed with the reading of the Public Charge. 2. Public Comments a. Matters not on the Printed Aaenda NONE b. Matters on the Printed Aaenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Petitions bv Board Members Commissioner Yuhasz said that at a previous meeting the Board had asked the Clerk to schedule a joint meeting of the Board of Commissioners and the municipalities on the Rogers Road mitigation issues. In the meantime, though, he has arranged a meeting with municipal partners on the discussion of the solid waste interlocal agreement. He asked that the Clerk postpone the scheduling of this joint meeting until he has had a chance to meet with his counterparts and get their feedback on this proposed Rogers Road meeting. Commissioner Jacobs said that he has a repeat petition requesting that the County place a sign on US 70 that indicates that Fairview Park exists. He said that they want the public to know about this park. Commissioner Jacobs said that he would like the Board to consider opposing the constitutional amendment to deny equal protection to people who are gay. He wants to continue to provide benefits to domestic partners. Chair Pelissier suggested that Commissioner Jacobs submit a draft resolution for . consideration at agenda review. Commissioner Jacobs said that he would. 4. Proclamations/ Resolutions/Special Presentations NONE 5. Consent Aqenda A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger to approve those items on the consent agenda as stated below: a. Minutes The Board approved the minutes as submitted by the Clerk to the Board as listed: September 20, 2011; September 22, 2011; and October 6, 2011. b. Appointments— None c. Motor Vehicle Propertv Tax Release/Refunds The Board adopted a release/refund resolution, which is incorporated by reference, related to 19 requests for motor vehicle property tax releases or refunds. d. Proqertv Tax Releases and/or Refunds The Board adopted a resolution, which is incorporated by reference, to release property values related to eleven (11) requests for property tax release and/or refund in accordance with North Carolina General Statute 105-381. e. Applications for Propertv Tax ExemptionlExclusion The Board approved a resolution, which is incorporated by reference, related to ten (10) untimely applications for exemption/exclusion from ad valorem taxation for the 2011 tax year. f. USDA Beqinninq Farmer and Rancher Development Proaram Grant Submission The Board authorized staff to submit a grant proposal to the United States Department of Agriculture (USDA) Beginning Farmer and Rancher Development Program to provide funding for programs associated with the Breeze Farm Incubator Program, the Piedmont Food &Ag Processing Center, and Piedmont Grown, as well as prospective entities outside Orange County. � Amendment of a Resolution Approvinct Oranae Countv's Participation in the North Carolina Local Government Debt Setoff Proqram The Board approved the Resolution Approving Orange County's Participation in the North Carolina Local Government Debt Setoff Program, which is incorporated by reference, to designate the Financial Services Director to consider appeals from debtors who wish to contest the intended setoff monies owed to other departments under the North Carolina Local Government Debt Setoff Program ("the Program"). h. Comprehensive Plan and Unified Development Ordinance (UDOI Amendment Outline and Schedule for Upcominp Items This item was removed and placed at the end of the consent agenda for separate consideration. i. Leqal Advertisement for Quarterlv Public Hearinq — November 21, 2011 This item was removed and placed at the end of the consent agenda for separate consideration. i Annual Renewal of Interlocal Aareement between Town of Hillsboroucth and Orange Countv for Stormwater Proaram Manaqement and Erosion Control Services The Board approved the one-year renewal of the Interlocal Agreement and authorized the Manager to sign Attachment 1. Additionally, in order to make the renewal process more efficient, the Manager recommends that the Board allow the Manager to authorize future annual renewal terms of this agreement provided that there is no change in scope of services or payment schedule. ' k. Chanqe in BOCC Reaular Meetina Schedule for 2011 The Board amended its regular meeting calendar for 2011 by changing the location of the Board of Commissioners' regular meeting (and organizational meeting) currently scheduled for Monday, December 5, 2011 FROM the DSS Offices, 113 Mayo Street, TO the Central Orange Senior Center (Adjoining Triangle SportsPlex), 103 Meadowlands Drive, Hillsborough, N.C. VOTE ON CONSENT AGENDA: UNANIMOUS 6. Items Removed From Consent Aqenda h. Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Outline and Schedule for Upcominp Items The Board considered approving the process components and schedule for nine government-initiated items anticipated for the February 27, 2012 Quarterly Public Hearing. PUBLIC COMMENT: Marilee McTigue is a 20-year resident of Orange County and she said that she read the entire UDO document. She asked the Board to remove item 6 from this item 5-h, UDO Text Amendment for Rural Economic Development Area Conditional District. She said that when the UDO was approved last spring, there was strong opposition to conditional districts in the rural areas. She asked that conditional districts be limited to the EDDs and the transition areas along the highway corridors where there is water and sewer infrastructure. She would also like a written response as to how this got buried within the consent agenda, given that this is a really big change. Bonnie Hauser said that it appeared that the proposed Rural Economic Development Conditional District was partly driven by the desire to develop the NC 57 area in Caldwell. She said that the hope is that Orange County would meet with the local community to update the small area plan before any changes would be considered. She said that there is no basis to believe that a conditional district that allows commercial or industrial applications to come to the rural community is needed or desirable. She said that it is a waste of time and taxpayer money to pursue any further work on conditional district for rural economic development areas. This issue was decided last spring. She asked the Board to remove item 6 from the agenda item. She asked about the process to discuss or agree on the priority for UDO enhancements. She asked if the public missed an important discussion on Phase II of the UDO. Chair Pelissier said that in general the County Commissioners did set economic development as a priority for modifications to the UDO. She asked Planning Director Craig Benedict to remind the Board about this conversation. Craig Benedict said that each year the Orange County Board of County Commissioners does meet with the Planning Board and last year, they discussed the priorities for the coming year. One of the priorities is the implementation of the small area plans— Efland-Mebane, Eno Economic Development, and NC 57/Orange County Speedway. These small area plans were adopted in 2006, 2007, and 2008. The Rural Economic Activity Node ok n f n it is antici ated that this will be im lemented in areas where there are small wass e oad p p P area plans that have been approved and adopted by the Board. He said that this is not necessarily Phase II of the UDO, but these are some leftover small area plan implementation recommendations. Commissioner Gordon said that she had similar concerns and they are listed below: All, Here are my questions and comments for the November 1, 2011 BOCC meeting. 1. Item 5-h. Comp. Plan and UDO amendment outline. I have concerns about two specific sections for this item. , a. Section 1 is of concern, mainly because of the changes to 5.1.4. Which exclusions will be changed? What is the specific language proposed for the amendments in this section (EDB-3 and sec. 5.1.4)? b. Section 6 (REDA conditional zoning district) is also of concern, because it seems to propose intensive economic development in rural areas. What is the specific amendment language being proposed? Staff Response: Item 5-h: The purpose of the forms is for the BOCC to be aware of upcoming government-initiated public hearing items (in this case, for February 2012) that staff is working on and to approve the process components (i.e., the schedule and any proposed outreach). The specific language is not yet available since this item is "step 1" of the process (e.g., the BOCC directing staff to work on these items). If an item is proposed to go to the Planning Board's Ordinance Review Committee (ORC), draft language would be available by the ORC meeting date. The proposed draft language for consideration at public hearing is availabie at least 10 calendar days prior to the public hearing (as has always been the case). In regards to REDA, the current idea is to have it apply only to the area covered by the Highway 57 Small Area Plan. Commissioner Foushee said that she had flagged item #6 as well for the same reasons as Commissioner Gordon. She said that this item is very broad and she would be agreeable to drop#6 at this time. Commissioner Jacobs asked if these were for specific areas and Craig Benedict said that it could be done several ways. It could be applied to different areas of the County, but also affixed to a particular small area. It is up to the Board. Commissioner Jacobs asked if the Board decided in general that it was supportive of Conditional Use Zoning and Craig Benedict said yes and it is in the UDO. Commissioner Jacobs said that he thinks that there is some sense of urgency in the NC 57 small area and residents are feeling frustrated. He would like to see this go forward so that the NC 57 area residents could feel like their concerns are being brought forward. He suggested inviting a list of participants to come to the public hearing. Commissioner Yuhasz said that it has been five years since the small area plan began for the NC 57 community and people have been waiting for this. Commissioner Foushee said that she could support language that was more contained and specific for uses. She wants'to be clear. She said that what she read seems contradictory to what the Board agreed to. Frank Clifton said that the attempt is to bring this issue up for public discussion and to get some basic input. Chair Pelissier said that she too found this item confusing. She wants to implement the small area plans. She said that two things that she has heard is that the Board would like this to be focused only on the implementation of the NC 57 small area plan and that the Board would like to see the options and the pros and cons. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve this item only related to NC 57 Small Area Plan, and to see if general zoning could apply to these areas. Commissioner Yuhasz said that he will vote in favor of the motion because it needs to go forward, but he does not agree with the limitations. He would like to see a broader proposal brought forward that could be applied to NC 57 and also to broader applications. VOTE: UNANIMOUS Commissioner Jacobs said that he would like to know the status of Phase II of the UDO. Craig Benedict said that there are three activity levels—completion of the UDO, small area plans and economic development efforts, and then the work plan. i. Leqal Advertisement for Quarterlv Public Hearinq — November 21, 2011 The Board considered the legal advertisement for items to be presented at the joint Board of County Commissioners/Planning Board Quarterly Public Hearing scheduled for November 21, 2011. Commissioner Gordon said that she had stated her concerns. Her basic concern is stated below: Item 5-i. Public hearing notice for November 21. Again, the specific language proposed is not available. There could be changes proposed in sections 4 (comp. plan) and 5 (UDO) that could raise questions. For example, in attachment 1 on page 6 of the packet (page 4 at the bottom of the page) it says that in the amendment packet the proposed UDO amendments have been divided into three categories, and the third category is "substantive." The hearing will be in three weeks, and yet the text is not available, and there are many places where changes will be proposed. When will the language be available? There may not be much time for the public to study the text amendments after the agenda packet is made available. My suggestion � is that the proposed amendments be posted on the county website at least finro weeks before the public hearing. Staff Response: Item 5-i: At the August 23, 2011 BOCC meeting when the forms for the November QPH were approved, Commissioner Gordon requested, and the Board concurred, that the specific language be made available on the County's website by close of day on November 7 (2 weeks prior to the QPH). The QPH packet will be posted on or before this date. Additionally, the BOCC receives Planning Board packets (including Ordinance Review Committee (ORC) agendas). The draft language for items the ORC reviewed was part of the October 5 ORC packet. Staff does not recall the specific amendment language previously being part of the agenda item approving the legal ad. (Board members may also note that Board approval of the legal ad is an unwritten BOCC policy). A motion was made by Commissioner Go�don, seconded by Commissioner Hemminger that the proposed amendments be posted on the County website no later than finro weeks before the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Foushee, seconded by Commissioner McKee to approve the November 21, 2011 Quarterly Public Hearing advertisement, with changes. VOTE: UNANIMOUS 7. Public Hearinq-NONE 8. Reaular Aqenda-NONE 9. Reports a. Economic Develoament Status Update Economic Development Director Steve Brantley recognized some of the Economic Development staff: Arts Commission Director Martha Shannon, Executive Director of Chapel Hill-Orange County Visitor's Bureau Laurie Paocelli, and Economic Development Coordinator Noah Rannells. Steve Brant/ey made a PowerPoint presentation, along with Laurie Paocelli and Craig Benedict. Orange County Economic Development Department Update for Orange County Board of Commissioners • Hello, I'm Steve Brantley, with Orange County Economic Development. Thank you for this opportunity to speak, and tell you about the activities our department and staff have been doing, and, our plans going into 2012. • And, I'd like to personally thank the Board and County Manager for your confidence to allow me to be here in this role. It's an honor. • I'm very proud to be here, understand your expectations, and, am having fun promoting Orange County. • The information in my report covers each area of the DepartmenYs operations, and the data was contributed by each member of Orange County's Economic Development office. We are all getting to know each other and are forming a great team. Key Economic Development Activities in the Department O Agricultural Economic Development O Chapel Hill/Orange County Visitors Bureau &Arts Commission updates O Business Retention & Recruitment O Support Activities O Planning DepartmenYs Collaboration with Economic Development • Our activities are diverse and cover a number of tasks to include romotin , , P 9 agricultural initiatives, attracting tourism & conventions, supporting the arts, and running a small business loan program for entrepreneurial start-ups. • We're conducting general support activities, like makin a new web site, ma s and 9 P collateral marketing materials that showcase Orange County as a desirable business destination. • We're also working to develop and improve our liaison with other economic development stakeholders in Hillsborough, Carrboro, Chapel Hill, Mebane and at UNC, to hopefully create a seamless team effort. • And, of course, we're pursuing business retention and recruitment. In this area, your Planning Department has partnered with us with great support, using their expertise to bring the 3 EDD sites closer to a "shovel ready" status. � Orange County's Economic Development Representatives ■ Here is a list of staff members and their roles in the Department, beginning with the Hillsborough office. Economic Develo ment & Business Recruitment eve ran ey, �rec or Dottie Schmitt, Economic Development Specialist Yvonne Scarlett, Administrative Assistant A ricultural Economic Develo ment � oa ane s, gricu ural Economic Development Coordinator Matthew Roybal, Manager, Piedmont Food&Agricultural Processing Center LPFAP) ■ The successful Grand Opening was held on October 21St, 2011 and received extensive local media coverage. ■ Tobacco Trust (a ma�or grant funder) is having their December Board meeting in the PFAP Board room. ■ At PFAP, mentorship development is a very useful feature that provides a tangible result, such as the `Jack Tapp model. ■ PFAP serves as a model for good food manufacturing practices for clients, helping them to instill responsible and best practices in new food businesses. ■ And PFAP also hopes to be an inspiration for other communities that wish to establish a similar facility, and have already contacted us. (Ashe County) ■ Discussions are currently underway to identify ways to support future PFAP growth, such as: ■ Additional PFAP-like incubation space. ■ Giving support for firms transitioning to a larger production facility. ■ And, seeking additional grant funding for more equipment, classes and services such as training, and storage expansion. Oranqe Countv Farms web site www.orangecountyfarms.org O Searchable database for land, products & services O Information exchange for farmers &farm products Piedmont Grown www.piedmontgrown.org O Regional branding effort by 37 NC piedmont counties to promote locally grown farm products. Aq Support Enterprises O Provide farmers with accurate guidance on farm-related enterprises (land use and zoning issues) Aqri-Tourism O We are now developing brochure to highlight agri-tourism opportunities W.C. Breeze Family Farm O 30-50 new farmers trained since 2008 O Workshops regularly scheduled O Host annual Farm to Fork fundraiser Aqri-tourism • Multiple groups, like Economic Development, Tourism, the Dept. of Environment, Agriculture, Parks & Recreation, and Cooperative Extension, are working together to create a brochure to highlight agri-tourism opportunities in the County, including pick your own produce farms, farm stands, and farm tours. • The group anticipates having maps, as well as a web interface within the current fiscal year. WC Breeze Farm • The "Breeze Farm" is a joint program with NC Cooperative Extension, and it serves as a farm incubator with hands-on experience, as well as classroom &workshop instruction for future farmers. • The Breeze Farm also hosts the "Farm to Fork Picnic" each year, which is a fundraiser for apprentice farmers. In 2011, the picnic grossed $40,000. • And finally, "Farm Link" is a Breeze program that matches Breeze graduates with their own land for farming. Chapel Hill/Oranqe Countv Visitor's Bureau Laurie Paolicelli, Executive Director � Linda Ekeland, Director of Sales Patty Griffin, Communications Director Tina Fuller, Administrative Assistant a Susan Rice, Visitor's Center Coordinator Arts Commission Martha Shannon, Director Tourism and Arts Update I ■ The Arts Commission works closely with arts councils and the Visitor's Bureaus in Durham and Wake counties to make the EverWondr online arts calendar a Triangle- wide promotion of local artists. ■ Future plans call for a new website design that is more compatible between the Arts Commission & EverWondr. ■ Core programs will continue in 2012, and include Spring & Fall grant cycles, quarterly Artists' Salons, the Emerging Artist Program, Piedmont Laureate Program, Congressional High School Arts Competition, Public Art, and arts information for artists &the general public. ■ The next Artists' Salon, which is a quarterly free professional development workshop for artists, is scheduled for Friday, November 18th at The ArtsCenter, with the topic "Exploring Resources, Leveraging Assets, Crafting Your Path" by John Parker of Good Work. Chapel Hill / Oranqe Countv Visitors Bureau � Supports the growth of creative and artistic cultures in our community Fully funded with occupancy tax revenues Generation of new visitors is expected to increase tourism-related jobs to 1,800 in 2012 Tourism and Arts Update Critical Proqrams Collaborate with hotels during "softer periods" - municipalities and County Collateral data distribution (over 100,000 pieces were distributed in 2011) Center is open 6 days a week � Incubate smaller events � Target group conferences � Host national travel and food ■editors to promote food scene Conference services for 25,000 delegates annually Siqnificant New Initiatives for 2012 Collaborating on a new agri-tourism ad program Rebranding initiative Orange County Pride promotion Arts Commission Update Collaborating on the online arts calendar EverWondr h#tp:lleverwrondrn�:#work.corn � Updated web site design for Arts Commission � Continued support with annual grants programs � Continuing programs—Artists' Salons, Emerging Artist Program, Piedmont Laureate Core Economic Development Activities— Recruitment Tools - New web page—www.GrowlnOranqeNC.com - Creation of collateral marketing materials - Prepare site and building data sheets - Continuing our existing Industry visits with major businesses - Outreach to key stakeholder and economic development allies Small Business Loan Proaram Update - 6 active loans, approved by a volunteer Board of Directors, totaling $235,000 - Diverse loan recipients—toy maker, fine hardwood furniture designer, a commercial cleaning service & a micro brewery - Loan repayments are current; no defaults - $115,000 currently remains for 3-5 loans to future clients in this fiscal year Outreach Efforts with UNC ■ Continue to build ties with various departments. � Seek technical assistance to assist with prospect recruitment. � Recent collaboration with the Department of City& Regional Planning —Rea/Estate Analysis of UNC Spin-Off Companies' � UNC's new 505 W. Franklin Street incubator and wet lab space are set to open this month. ■ Building and strengthening ties with various University of North Carolina departments is a top priority, such as those involved in applied research, sustainability, life sciences, software & information technology, and UNC agencies such as the Institute of Government, the Kenan Institute, and City & Regional Planning. ■ We're seeking assistance in technical fields, such as for a recent business prospect lead we received last week which is involved in medical products, where UNC can help us in business recruitment and sell this area's technology and talent. We plan to identify specific departments and individuals whose involvement, for example, in software development, pharmacy, medicine and IT, can be most beneficial to ideally helping us land a specific project. I am personally aware of North Carolina State University's very active engagement with the NC Dept. of Commerce to jointly recruit high tech prospects to the state, due, in part to that university's industrial extension legacy. I want to help UNC and Orange County partner in a similar manner, and so we will be meeting with UNC on a regular basis. ■ As one example, our department contracted earlier this year with Dr. Emil Malizia, who is Chairman of the Dept. of City and Regional Planning, who completed a study on the real estate needs of spin-off companies coming out of the university. The goal of his study was to be able to assist and retain UNC's entrepreneurial start-ups. ■ He found that the majority of the UNC's past entrepreneurial startups began with a Chapel Hill presence, but have since departed for Durham and other locations as those start-ups grow in size and employment. We are not holding onto our home-grown technology firms. ■ As a result, Dr. Malizia recommends that Orange County focus its' assistance primarily toward helping Information Technology-related startups which he feels require less capital and expensive equipment needed to grow, and are more likely to value the Chapel Hill/Carrboro area in particular and will remain and thrive. ■ One upcoming example is UNC's 505 W. Franklin Street incubator and wet lab space, which is soon set to open. Economic Development Work Plan —A Summarv ■ Website launch by end of December 2011. ■ Develop collateral material on existing inventory. ■ Conduct NC Department of Commerce visits. Hold regular economic development partner meetings with municipalities, UNC &others. Maintain PFAP &Agricultural-focused economic development support . Prepare EDDs for non-residential opportunities. Actively market Orange County as a premier location for new and expanding business. � Support the Visitors Bureau &Arts efforts. Current Business Prospect Activitv� Goals � Identify existing sites & buildings that are the most fully developed & marketable to prospects � Market our real estate to NC Department of Commerce recruiters � Recent activity summary with new&significant prospects ' PLANNING and ENGINEERING in support of ECONOMIC DEVELOPMENT ■ Recent active prospects inauiries we have responded to include: ■ High tech IT call center—will create 50 new jobs with an average salary of$85,000/yr. We have submitted 1 available building in Hillsborough. ■ Medical clinical trial equipment—submitted 1 building for a European prospect that will create 40 new jobs. We have one good building submitted. ■ In September we had 2 Japanese life science/medical light manufacturing and R&D prospects visit sites in Mebane and Hillsborough. However, our lack of a larger existing building or additional business park sites caused the 2 Japanese prospects to focus only on our Triangle competition to the east. ■ We were unable to pursue several larger projects due to a lack of larger inventory, for examples. Recent inquiries include: ■ Aerospace —300,000 sq ft building on a 50 acre "shovel ready" site, with 150-200 jobs and a $100-$200M capital investment. ■ 1,000 employee call center— requires a 200,000 sq ft existing Class A commercial office building. ■ Automotive parts assembly project, probably employing 250—300 and investing $40 - $80 million, requiring a 200,000 sq ft existing light manufacturing facility. PROPERTY PROFILE and ATTRIBUTES : A. Vicinity and Context `�, General location map (include all commercial airports with 45 miles of the site) �. Transportation infrastructure map for truck and passenger vehicles 4�. Site boundary map � Map of adjoining and nearby businesses (include a legend that lists facility operations) B. Land Aspects �. Aerial photograph(s) of the proposed site with boundaries identified ��. FEMA floodplain map � Soil-type map e Wetlands delineation map and report � C. Ownership and Covenants Ownership map /tax map Q. Documentation of property ownership and legal description of property boundaries (if the site is comprised of multiple parcels, provide documentation for each parcel) �-;. Documentation of site availability (option agreement or letter of commitment to sell) �. Easements and right-of-way map(s) :�. Copy of the industrial park covenants and restrictions (if applicable) � D. Zoning �. Zoning map and description of allowable uses (for site and surrounding area) ' �. Letter indicating commitment to rezone (if applicable) E. Infrastructure Utility Infrastructure map(s) identifying the following: ���. Power lines Gas lines Water lines Sewer lines �.;. Telecommunications infrastructure E. Infrastructure (continued) ' �. If Utilities are not at the site; please provide a letter from the service provider(s)with a detailed description of how the service will be brought to the site, incfuding the following information: �. Identification of right-of-way and ownerships; description of acquisition process ;. Cost of extending utilities to site Schedule for completion (including right-of-way acquisition if necessary) F. Studies and Reports �. Phase I (and/or Phase I I) environmental study �. Geotechnical assessment report �. Endangered species investigation report �. Archeological and historical investigation report Chair Pelissier asked that the PowerPoint be added to the County's website and Craig Benedict said that this could be done. Commissioner Jacobs asked Craig Benedict about approving the Mattress Factory Road exit issue. Craig Benedict said that there was a public hearing on the Access Management Plan and it has been taken through the Planning Board and the OUTBoard with approval. It comes back on November 15th for a formal adoption. There still has to be a focused resolution about the Mattress Factory Road interchange to send to Burlington and Mebane. Commissioner Jacobs said that when the County Commissioners talked in the past about transfer of development rights, there was discussion about transfer into the economic development districts. He asked how this would work. Craig Benedict said that TDR and the idea of exchanging one area to another area and the intent to have focused development areas is becoming problematic because of the nutrients that are released from such an intense site. He thinks that the dialogue will continue because focused growth is becoming more and more important. Chair Pelissier asked if the number of farmers that farm on the Breeze Farm is tracked and Noah Rannells said that this is a joint effort between EDC and Cooperative Extension. Chair Pelissier asked for this information to come to the Board of County Commissioners in some sort of update or report about the activities. b. Proqress Report: One-Quarter (1/4) Cent Sales and Use Tax Referendum Public Education Campaiqn Assistant County Manager Gwen Harvey said that the County is one week from the general election and the referendum on this sales and use tax. They have embarked on an advertisement campaign on this issue. She said that the Board of Elections Director told her this afternoon that 2,200 people have voted in the early voting. She gave the history of this referendum. She said that the money will be used for economic development and schools. The infrastructure needs to be put into place before there can be economic development. The tax will not apply to gas, groceries, and medicine. PUBLIC COMMENT: Allan Rosen said that he does not know the depth of spreading of the word about this referendum. He said that a lot of people are still on the fence about this issue because they do not know what the Board of County Commissioners will do with economic development and they are skeptical. Commissioner Gordon asked that something be put in the newspapers about the plans for economic development. 10. Countv Manaqer's Report NONE 11. Countv Attornev's Report NONE 12. Appointments NONE 13. Board Comments Commissioner Gordon said that ridership for Triangle Transit is up almost 20%. There are also some improvements such as WiFi on buses and the number of call center calls have increased. Commissioner McKee said that the primary focus of the September TARPO meeting was the allocation of points for projects in the four-county area. Orange County was allocated 300 points and it only had three road projects. Commissioner McKee said that last week he was asked by a citizen about two old flags on County courthouse property and he told staff about it. The flags have now been replaced. Commissioner Jacobs said that the NCACC agriculture committee met last week and there was some concern among municipalities about what constitutes a bona fide farm, especially in terms of agri-entertainment or agri-tourism. Commissioner Jacobs made reference to the way in which the new rules of Jordan Lake and Falls Lake and the impact on agriculture. There will be a joint meeting with NCACC's environmental committee in February to discuss those. He said that it seems that agriculture is not being given its fair consideration. Commissioner Jacobs thanked Commissioner Hemminger and Councilmember Rich for their teadership on the quarter-cent sales tax educational committee that operated autonomously from the government. He also thanked the Chapel Hill Chamber of Commerce for its work on this. Commissioner Yuhasz said that he participated in a planning retreat with Piedmont Behavioral Health, on behalf of Orange-Person-Chatham Mental Health to discuss the governing structure of the new greater PBH and the merger of five counties into one organization. The current legislation requires that there be County Commissioner participant in the governing board. Part of the structure is that there will continue to be a local community operations center that will recommend a member up to the larger governing board. Commissioner Hemminger said that she attend the Triangle Land Conservancy Conserve Lands and Preserve Drinking Water Summit last week. There were speakers from around the area as well as a Commissioner from New York City that helped the drinking water situation there. She said that the population is causing the problem with quality and quantity and also the climate has changed with the storage of water because of higher temperatures. There need to be alternatives. Commissioner Foushee— none Chair Pelissier said that she attended the Master Aging Plan Work Group meeting last week. She said that 150 people came to speak on the anticipated increase in their aging population. Chair Pelissier made reference to retreat planning and said that in the past there have been three people to work on the committee for what will be discussed at the retreat. She ' asked for volunteers for this. She suggests that one of the items be looking at the IT Strategic Plan. Commissioner Gordon, Commissioner Foushee, Commissioner Jacobs, and Commissioner McKee volunteered. Commissioner Gordon deferred since there were four that volunteered. Commissioner Foushee, Commissioner Jacobs, and Commissioner McKee will be on the committee. The Clerk to the Board will coordinate a meeting to discuss this. Commissioner Jacobs reported that the opening of the food processing center was last week and about 250 people attended. 14. Information Items • October 18, 2011 BOCC Meeting Follow-up Actions List 15. Closed Session A motion was made by Commissioner Foushee seconded by Commissioner Hemminger to go into closed session at for the purpose of: "Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order to preserve the attorney-client privilege befinreen the attorney and the Board" And " To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee, " NCGS 143-318.11 (a)(6) VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Jacobs seconded by Commissioner Hemminger to reconvene into regular session at 10:30 p.m. VOTE: UNANIMOUS ADJOURNMENT A motion was made by Commissioner Jacobs seconded by Commissioner Hemminger to adjourn the meeting at 10:30 p.m. VOTE: UNANIMOUS Bernadette Pelissier, Chair Donna Baker, CMC Clerk to the Board