Loading...
HomeMy WebLinkAboutMinutes 08-21-2012 APPROVED 9/18/2012 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING August 21, 2012 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, August 21, 2012 at 7:00 p.m. at the Central Orange Senior Center in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Bernadette Pelissier and Commissioners Valerie Foushee, Alice M. Gordon, Barry Jacobs, Pam Hemminger, Earl McKee, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: None. 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 Baker (All other staff inembers will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. Additions or Chanqes to the Aqenda Chair Pelissier identified the items at the County Commissioners' places as follows: • Blue Sheet: additional information for Consent Agenda Item 5.k, relating to the lease of the county owned building at 500 Valley Forge Road to the Piedmont Food & Agricultural Processing Center, Inc. • Yellow Sheet: additional information for Item 7.b. relating to the North Carolina Department of Transportation, Rural Operating Assistance Property (ROAP) Grant Application for year 2012/2013 • Pink Sheet: additional information on Planning Board applicant and appointment, item 11.b. PUBLIC CHARGE The Chair dispensed with the reading of the public charge and asked everyone to abide by it. 2. Public Comments a. Matters not on the Printed Aqenda Don O'Leary, Jr. came forward and placed his hand on a bible which he brought with him. He read, "I, Donald O'Leary, Jr., do hereby solemnly swear to support and defend the constitution of the United States against all enemies, foreign and domestic, that I will bear truth and faith, allegiance to the same, that I take this obligation freely without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties as a patriotic citizen to defend the republic so help me God." Mr. O'Leary told the Board they took an oath of office and broke it shortly thereafter. He said in 2006, they wanted to impeach "W" because he broke the rules of the constitution but they are doing the same thing. He stated not only were they violating Section One, Article X, of the constitution, but were still consulting the UN in carrying out Agenda 21 through ICLEI and attempting to erode our sovereignty and usher in a new world order. Mr. O'Leary feels their steady land grabs and gaining more control over the waterways is clearly defined in Agenda 21. The rail plans for Triangle Transit powered by First Group, which has a strong and very close tie to the UN, will prepare us for the future stack and pack plans to move us out of rural and into urban apartments and away from automobile ownership as defined in Agenda 21. Mr. O'Leary said they want to track what and how much we buy as clearly defined in Agenda 21 so as to track and control every aspect of human activity. He asked why Orange County didn't change its colors to light blue and white. Mr. O'Leary concluded by saying the way the Board runs these meetings is grand corporation style, Delphi technique, and they have ICLEI actors, NGO, and cheerleaders. It is as old as mankind and he said he is tired of it. He said the worst nightmare of the communists at the UN and globalists came true. The American public is wide awake, well armed, and not nearly as demoralized as it is assumed. Bringing us down helped us to look up. He said the Board had been naughty boys and girls but playtime is over and Daddy just walked in the room (He removes his belt from pants and holds in the air). He said playtime is over and God bless Orange County. b. Matters on the Printed Aqenda (These matters were considered when the Board addressed that item on the agenda below.) 3. Petitions by Board Members (Three Minute Limit Per Commissioner) Commissioner McKee said it was brought to mind by the first proclamation brought forward that Orange County has several organizations which have made significant contributions to improvements of the lives of its citizens such as the fire departments. Three of these departments improved their ISO ratings significantly reducing the cost of insurance to the citizens. A fourth built a station which significantly increased service for their citizens. Commissioner McKee petitioned the Board to formally recognize this with a resolution of appreciation for their service to the community and to the citizens. Commissioner McKee attended a meeting for the Mountains to Sea Trail. It was an informational meeting with facts on the table and folks there to talk to. In talking to people at the meeting, he felt they were not able to answer a lot of their questions. He petitioned the Board to hold another meeting or series of ineetings in a question and answer format to answer questions the public has on the Mountains to Sea Trail before they move forward. Chair Pelissier told Commissioner McKee his petitions would be referred to the agenda review process and receive responses accordingly. Commissioner Jacobs supported both petitions by Commissioner McKee. Commissioner Jacobs attended the Burlington-Graham MPO meeting. He petitioned to have an item on prior to their joint meeting with Mebane to bring this Board up to speed on the relationship between the two MPOs, how their MPOs work in that picture, the pros and cons of being in the Durham- Chapel Hill-Carrboro MPO for the western part of central Orange County versus the Burlington-Graham MPO. He feels this would bring the Board up to speed on the issues and what priorities will be. Mebane is very interested in working with us and seemed satisfied with what the Durham-Chapel Hill-Carrboro MPO wants to do. Chair Pelissier felt this was an excellent idea and told Commissioner Jacobs his petition would be referred to the agenda review process. 4. Proclamations/ Resolutions/ Special Presentations a. Proclamation in Support of Arts & Economic Prosperity IV in Oranqe County Martha Shannon, staff support for Orange County Arts Commission, was present, as well as OCAC's Vice-Chair and Board member, Charles Hochman. Ms. Shannon thanked the Board for their continued support of the arts for the past 27 years. She stated that non-profit arts and culture are an $85.4 million industry in Orange County. It supports 3,352 full-time equivalent jobs and generates $8 million in local and state government revenue. Non-profit arts and culture organizations, which spend $63.9 million annually, leverage a remarkable $21.5 million in additional spending by arts and cultures audiences. The spending pumps vital revenue into local restaurants, hotels, retail stores, parking garages, and other businesses. By demonstrating that investing in the arts and culture yields economic benefits, Arts & Economic Prosperity IV lays to rest a common misconception that communities support the arts and culture at the expense of local economic development. They are investing in an industry that supports jobs, generates government revenue, and is a cornerstone of tourism. The report shows conclusively that locally as well as nationally the arts mean business. Mr. Hochman read the proclamation: ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION IN SUPPORT OF ARTS & ECONOMIC PROSPERITYIV WHEREAS, Americans for the Arts, the nation's leading arts research and advocacy organization, conducted its fourth benchmark study of the national economic impact of the nonprofit arts industry in 182 study regions across the United States; and WHEREAS, the Arts & Economic Prosperity IV study found that the nonprofit arts industry generates $135.2 billion annually in economic activity and supports 4.1 million jobs — from large urban to small rural communities, and that the nonprofit arts industry annually returns $9.59 billion in federal income taxes, $6.67 billion in state government revenue, and $6.07 billion in local government revenue; and WHEREAS, the Arts & Economic Prosperity IV study found that the nonprofit arts industry in ORANGE COUNTY generates $85.4 million annually in economic activity and supports 3,352 jobs, and that the nonprofit arts industry annually returns $3.5 million in local and $4.5 million in state government revenue; and WHEREAS, the Arts & Economic Prosperity IV study collected extensive survey data from more than 9,721 arts organizations and 151,802 audience attendees nationwide and from 96 local arts organizations and 1,259 local attendees; and WHEREAS, as demonstrated by the Arts & Economic Impact Prosperity IV study, the nonprofit arts in Orange County substantially contribute to the local economy; NOW, THEREFORE, BE IT RESOLVED, that the BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA supports the findings of the Arts & Economic Prosperity IV study and urges all local, state and federal officials to invest in nonprofit arts organizations directly, through their local and state arts agencies, and the National Endowment for the Arts as a catalyst to generate economic impact, stimulate business development, spur urban renewal, attract tourists and area residents to communities activities, and to improve the overall quality of life. This the 21 St day of August, 2012. A motion was made by Commissioner Jacobs, seconded by Commissioner McKee, to approve the proclamation supporting Americans for the Arts' (AFTA) most recent national arts economic impact study entitled Arts & Economic Prosperity IV and its findings for Orange County and authorize the Chair to sign. VOTE: UNANIMOUS Chair Pelissier commented she attended the North Carolina County Commissioners Conference last weekend and there were presentations by experts in economic development. They noted that arts and leisure are very important for economic development nationwide and this substantiates what was presented. 5. Consent Aqenda • Removal of Any Items from Consent Agenda Commissioner Jacobs requested to remove item 5.m. • Approval of Remaining Consent Agenda A motion was made by Commissioner Hemminger, seconded by Commissioner Foushee, to approve the remaining items on the consent agenda. VOTE: UNANIMOUS • Discussion and Approval of the Items Removed from the Consent Agenda 5.m. — Bid Award: Walnut Grove Church Road Solid Waste Convenience Center Commissioner Jacobs asked to remove this item because he felt when they are spending a million dollars that they at least make note of it in public rather than put it on the Consent Agenda. He also felt it was a good opportunity for them to use their own cable broadcast to tell the public what they're planning to do at the Walnut Grove Convenience Center. Gayle Wilson, Solid Waste Director, stated the project consists of total modernization of the site including paving and putting in compactors for compaction of materials for more efficient hauling when the landfill closes. They're going to add materials such as plastic film recycling as well as a northern household hazardous waste collection facility. They will also include textile collection and recycling. Mr. Wilson added they will expand their salvage shed operation to dimension lumber. He stated the last day of regular full service will be September 17, 2012. They will close on the 16th, move all of their containers out on the 18th, and turn everything over to the contractors on the 19th. The interim site will open September 21 St adjacent to Walnut Grove for bag garbage only and the interim recycling site at Cedar Grove Park will remain open the entire period of construction. Mr. Wilson believes the public will be pleased with what is planned. Commissioner Jacobs stated as someone who has worked on solid waste and recycling since he got on the Board, it's exciting they're going to start dealing with some of those materials that have been sliding by in the waste stream that could be recycled. Also, as someone who uses the northern Orange site, he said it would be nice to have a place to bring hazardous materials other than Eubanks Road. Mr. Wilson added that residential food waste and residential cooking oil would be collected there as well. Commissioner Yuhasz noted the site will be bigger and the traffic flow much improved with the expansion. Mr. Wilson agreed and said they had made every attempt to make the traffic flow run more smoothly and more safely. A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger, to approve awarding the general construction bid and approve a construction agreement to W.L. Bishop Construction of Hillsborough, NC in the amount of$877,092 for the construction of the Walnut Grove Church Road Solid Waste Convenience Center; awarding the compaction equipment bid and approve a purchase agreement with Baker Waste of Asheville, NC in the amount of$160,367; authorizing the Chair to sign the general construction agreement on behalf of the Board of County Commissioners, subject to final review by the County Attorney; and authorizing the Manager to execute individual change orders within the limit of his authority ($250,000) up to the extent of the project budget; authorize the Chair to sign the general construction agreement on behalf of the Board of County Commissioners, subject to final review by the County Attorney; and authorize the Manager to execute individual change orders within the limit of the Manager's authority ($250,000) up to the extent of the project budget. VOTE: UNANIMOUS With approval of the Consent Agenda, the following items were approved and/or adopted: a. Minutes The Board approved the minutes from March 15, April 3, 17, 19, 24, 26, and May 3, 17, 22, 29, 2012 as submitted by the Clerk to the Board. b. Motor Vehicle Property Tax Release/Refunds for FY 2011-2012 The Board adopted a release/refund resolution related to fifty-five (55) requests for motor vehicle property tax releases or refunds in accordance with NCGS. c. Motor Vehicle Property Tax Release/Refunds for FY 2012-2013 The Board adopted a release/refund resolution related to forty-eight (48) requests for motor vehicle property tax releases or refunds in accordance with NCGS. d. Property Tax Releases and/or Refunds The Board adopted a resolution to release property values related to fifty-three (53) requests for property tax release and/or refund in accordance with N.C.G.S. 105-381. e. Applications for Property Tax Exemption/Exclusion The Board approved five (5) untimely applications for exemption/exclusion from ad valorem taxation for the 2012 tax year. f. Adiustment to Salary Ranqe Maximums The Board approved a two percent (2%) increase in all salary range maximums to correspond to the two percent (2%) Cost of Living Adjustment (COLA) increase authorized in the approved FY 2012-13 budget effective July 1, 2012. g. Fiscal Year 2012-13 Budqet Amendment#1 The Board approved budget, grant, and capital project ordinance amendments for fiscal year 2012- 13. h. Bid Award: Track Loader for Landfill The Board awarded a bid for the purchase of a Track Loader for the Landfill at a cost of$310,492 from Gregory Poole of Mebane, North Carolina and to declare the current loader that is being replaced as surplus. i. Acceptance of Grant Funds for the Oranqe County Community Response Proqram and Extend Time-Limited Position The Board accepted grant funds through the Orange County Partnership for Young Children to implement the Orange County Community Response Program, and to extend a time-limited position until June 30, 2015. j. Amendment to the Oranqe County Board of Commissioners' Advisory Board Policy The Board amended the ethics provisions of the Orange County Board of Commissioners' Advisory Board Policy. k. Lease of the County-Owned Buildinq at 500 Valley Forqe Road to the Piedmont Food and Aqricultural Processinq Center, Inc. The Board entered into a lease agreement with the Piedmont Food and Agricultural Processing Center, Inc., regarding the occupation and lease of the building at 500 Valley Forge Road, Hillsborough and authorized the Chair to sign. I. Chanqe in BOCC Reqular Meetinq Schedule for 2012 The Board approved one change to the County Commissioners' regular meeting calendar for 2012. m. Bid Award: Walnut Grove Church Road Solid Waste Convenience Center This item was discussed and voted on independently from the Consent Agenda (see above). n. Efland Phase 2/Buckhorn Sanitary Sewer Proiect Update The Board approved a project status of the Efland Phase 2/Buckhorn sanitary sewer project and change order cost reconciliation associated with the State approved deepening of the Brookhollow Road Lift Station ("BRLS"). 6. Public Hearinqs a. CDBG Proqram — Infrastructure Hook-up Proqram Tara Fikes stated the purpose of this public hearing is to receive comments prior to the official close out of Orange County's FY2010 Community Development Block Grant for a grant they received for a infrastructure hook-up program. They received $75,000 in early 2011 and the intent was to provide water and sewer connections to nine homes in the Rogers Road community. In order to receive the connections, the water and/or sewer line has to be accessible to the lot and monies could not be used to extend the line only to connect to the lines. They did identify nine homes that could benefit from this program and they completed connections at seven. One home identified was damaged in a storm and the other was already connected. The total cost for the seven connections was $61,218.53 leaving $13,781.47 in the grant fund. After speaking with members of the community, they identified another home that would be eligible and the family was interested in connecting; however, state officials indicated they would not extend the grant period but the family can reapply if they do the program again. The program is offered annually. Ms. Fikes said the state would retain the $13,781 and she presented the necessary documents to close the grant. Commissioner Gordon asked whether Ms. Fikes had received the letter from Minister Robert Campbell and Mark Dorosin, and also asked the Clerk Donna Baker to confirm that she was entering it into the public record of the meeting. Ms. Fikes replied she received the letter, as had the Commissioners, and would be sure to include it when they submit their close out documents to the state community development offices. Ms. Baker said she would enter it into the record as well. Commissioner Gordon asked Tara Fikes to confirm whether the grant had to be closed out now. Tara Fikes stated that in order to continue to receive CDBG funding from the state in the future, Orange County needs to close this grant now. If more homes are identified that meet the criteria, Orange County can apply for more funding in the new program year. The letter from Minister Robert Campbell and Mark Dorosin as entered in the formal record appears as follows: TAEUNIVF.R511'Y ' .��ay ����+._.., fNOx'cuCa2o� �,q� aaCf7ne7.7.HQ.L '���'" CEN'S£R E;OR �{�Ljy�'�+,p,gpRC1V9t.L2�GfCTS CFVIi I?SGFiZS LAWSCHOOLANNFJ( ]'9198433921 '. CAMP[JSBOX33ffi P919.R43-8'i&4 , CHAPELHRLNC2'/59933b2 www.law.unc.eddcenters/civiliigh[s �� August 20,2012 �' Ber�adette Pelissier,Chair Orange County Board of Commissioners 200 S.Cameron St. '�.. Hillsborough,NC 27278 ���.. Dear Chairperson Pelissier and Commissioners: '���,. We are writingto urge you not to close the Count�/s 2010 W BG Infrastructure Hook-up Program ', and not to return the remaining$13,781.47 to the state.7here are still homes in the Rogers-EUbanks '���.. neighborhoodthatareinneedofwaterandsewer,havewaterorseweravailable(accordingtoOWASA's - maps},and thus are eligible for connection under this grant �. The action agenda item"6-a"posted for the August 21,2012 meeting suggests nine homes were identified for the grant,and that two of these ekher could not be connected or no longer need connections, � so the remainder of the grent funds is being returned.InsYead we urge the counry to look at other homes, . even if not in the original nine that were considered,that have urgent need and wouid qualify for the CDBG '��, program.Acwrding to RENA records and maps created by OWASA,there are a number of homes in the '; community that are still in need of water and sewer,and that have the infrastructure available to be �; con�ected underthis grant..Those maps are attached. � The lack of water and sewer service to all of the residents of the Rogers-Eubanks community is a � matter of ongoing concern,not onFyfor RENA and residents ot the community,but for all of Orange County in pursuing its stated commitment to providejustice for the community that has borne the burden of �'�, hosting the landfill for the past 40 years.At a time when the county is searching for funding sources to provide additional needed and long overdue remediation for the commanity,it would be most unfortunate � if money already awarded were retumed without making every effort to identify more potential ' beneficiaries of this grant. Thank you for your time and consideration. Sincerely Yours, � ���;�-����— -,�d� � �------� Minister Robert Campbell,President Mark Dorosin, aging Attorney Rogers Eubanks Neighborhood Association UNC Centerfor Civil Rights . A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger, to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger, to authorize execution of the Certificate of Completion by the Chair of the Board of County Commissioners. Commissioner Jacobs asked for clarification on the new house that was identified. Ms. Fikes clarified it was a hook-up but the state would not extend the time for this house to be included. They only have twelve months to complete the process and it has expired. VOTE: UNANIMOUS b. North Carolina Department of Transportation, Rural Operatinq Assistance Proqram (ROAP) Grant Application for FY 2012/2013 AI Terry, Transportation Administrator for Orange County, said this is an annual process and a grant application they get from NCDOT. It pertains to three areas of transit they provide which are rural general public, elderly disabled transportation assistance, and employment transportation. They turn over the employment transportation funds to the Department of Social Services which distributes the funds and provides a report at year end on how the funds were spent. Mr. Terry referenced the agenda abstract, page two, under background, next to last paragraph. He clarified the statement that read, "The development of a Chapel Hill into Hillsborough public route is no longer funded through Triangle Transit." This was the midday service for which Triangle Transit removed their funding sources so they operate it through Orange County funds or through part of the rural general funds they get off of this particular application. Chapel Hill Transit has partnered with Triangle Transit and the Chapel Hill to Hillsborough route is still governed by Triangle Transit. Mr. Terry requested they open a Public Hearing to receive comments, close the Public Hearing, and then approve the application, have the Chair and Manager be able to sign the Certified Statement of Participation, and amend the budget in the amount of$12,713. Commissioner Gordon said it is important to note that Triangle Transit and Chapel Hill Transit are partnering on the commuter routes between Chapel Hill and Hillsborough in the morning and evening. They are some of the most productive routes of all the Triangle Transit routes so they're very successful. There were no public comments. A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger, to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Gordon, seconded by Commissioner Hemminger, to approve the application for Rural Operating Assistance Program totaling $193,662 for fiscal 2012/2013; authorize the Chair and County Manager to sign the Certified Statement of Participation; and direct Staff to bring back an amendment to the OPT Budget for the receipt of the additional ROAP fund of$12,713.00. VOTE: UNANIMOUS c. Amendments to Unified Development Ordinance Text— Dimensional and Ratio Standards (UDO/Zoninq 2012-11) Perdita Holtz, Planner with Orange County Planning Department, said this item was to consider adopting of UDO text amendments that would amend some of the dimensional and ratio standards in certain zoning districts applicable in commercial transition activity nodes and commercial industrial transition activity nodes. These new ratios would allow for greater intensity of development in areas of the county that are to be served by water and sewer systems or already are served in certain circumstances. These amendments were heard at the May 29th quarterly public hearing and the Planning Board considered its recommendation at the Planning Board's July 11th meeting. The Planning Board unanimously recommended the BOCC adopt the amendments. The Manager's recommendation tonight is for the BOCC to receive the Planning Board's recommendation of approval, to close the public hearing, and to decide accordingly. If BOCC adopts the amendments, the ordinance that would do so is attached in the Board's packets under Attachment 2. There were no public comments. Commissioner Jacobs said he had questions regarding local commercial and neighborhood commercial. He referenced page 3-20 and 3-22 and said it noted the setbacks adjacent to residentially zoned land shall be equal to the required side or rear setbacks in the adjacent residential district. He does not know what those are but for local commercial, which is typically a neighborhood or rural area, and where they're increasing the height of the building, a 35 foot high building is as tall as the tree line. He is concerned if it is at the back of a property adjoining residences it will be like a wall that blocks them off from whatever they have in their neighborhood that they may have wanted to be part of. Ms. Holtz stated she did not have all the setback requirements for all the residential zoning districts with her but most are at least 20 feet. There are not many side and/or rear setback requirements in residential zoning more than that. Commissioner Jacobs said he would not oppose this but suggested they have some drawing demonstrating what a 35 foot high building would look like against a 20 foot setback with a normal residence so they can get an idea of what the impact would be. Ms. Holtz said they could provide that. Commissioner Gordon said she wanted to understand the rationale. When they went through the first ones like LC-1 and NC-2 and CC-3, looking at the column approximately halfway down, they keep a distinction between RCU and NRCU. However, when they get to GC4, it appears they get rid of the NRCU. She understands this was done because it's no longer necessary to differentiate between those categories and it is okay to have one number. Ms. Holtz referred the Board to the zoning matrix in the comprehensive plan on page 30 of their packets. She said LC-1 and NC-2 zoning districts are allowed in a rural community and rural community activity node whereas GC-3 and CC-4 are not. Therefore, these are treated differently in the dimensional standards. Commissioner Gordon thanked her for the clarification. A motion was made by Commissioner McKee, seconded by Commissioner Hemminger, to close the public hearing and adopt the ordinance contained in Attachment 2 which authorizes the text amendments. VOTE: UNANIMOUS d. Zoninq Atlas Amendment—Woods Rezoninq Michael Harvey with the Orange County Planning Department stated their request was to change the zoning on a parcel on Highway 70 owned by the Woods from Rural Residential (R1) to Neighborhood Commercial (NC2). He referenced a map on the overhead which was also a part of Attachment 2 in the packets. This showed the abstract of the area to be rezoned. This item was presented at the May 2gtn public hearing where the Staff informed them the property is currently in a split zone with some zoned Rural Residential and some zoned NC-2. The problem this creates for the property owner is that technically, setback landscape buffer requirements, parking requirements, and septic setback requirements, are all taken from the zoning lot line. The huge problem is having these two properties conform to applicable setback and development standards. As was articulated at the quarterly public hearing, this was done based on an interpretation of former County Attorney and former Staff to only zone those areas of property technically utilized to support commercial activities. The installation use of septic systems, the preservation buffer, and also the parking, are components of the commercial activity, and the entire property should be zoned appropriately to insure the protection of the preservation required buffers. It would also insure adequate land areas to support the development consistent with the parameters of the UDO. Mr. Harvey indicated the applicant and engineer consultant were present for questions. Mr. Harvey also stated a couple of comments were made at the quarterly public hearing concerning this item and that information was on page 2 of the abstract. The Planning Board reviewed this item at their June 6th meeting and voted unanimously to recommend approval. The Planning Department finds it consistent with the comprehensive plan and believes it's consistent with the goals and policies as articulated by this Board for trying to address similar issues. He noted they have had numerous rezoning cases to address this and will probably have several more. Mr. Harvey reiterated the Board was being asked to receive the Planning Board's recommendation, discuss the matter if any discussion is necessary, to close the public hearing, and to approve the zoning request as articulated in the ordinance in Attachment 3. Frank Clifton, Orange County Manager, said he'd had discussions with the owners of this property. The issue is trying to get the line straightened up with the property boundaries versus the zoning boundaries and related issues. It has been an expensive process for the owners due to having to have the entire property surveyed and the Orange County processing fees. Mr. Clifton suggested they challenge the Staff to look at areas where the zoning boundary and property boundary are off by some amount and initiate rezoning of those properties to correctly fix this type of situation and to help landowners avoid the expense and time involved in correcting these types of problems in the future. Chair Pelissier said they discussed this in agenda review and she was also concerned about these costs and the length of time of the process given there are a number of other properties. After making a motion for this, she said she would entertain a motion from the Board to direct the Manager to do what he is suggesting. A motion was made by Commissioner McKee, seconded by Commissioner Foushee, to close the public hearing and receive the Planning Board's recommendation, and to approve an owner-initiated Zoning Atlas Amendment to rezone approximately 0.58 acres of land on two parcels of property from Rural Residential (R1) to Neighborhood Commercial (NC2) in accordance with the provisions of the Unified Development Ordinance (UDO) as contained in Attachment 3. VOTE: UNANIMOUS Commissioner Jacobs said he would support the idea the Manager articulated. He suggested, however, that before Staff identifies specific parcels, they come back to the Board with parameters of what the parcels are and what they're going to be doing. Anytime someone gets a notice the County will be messing with something on their property, even if it's to help them, they need to be in agreement on what that is and what will be required because in many cases the property owner will still need a survey. He said they did not want to mislead or alarm people but does believe they should be proactive. A motion was made by Commissioner Jacobs seconded by Commissioner Hemminger to direct the Manager and Staff to review similar properties to this item for amendment and to come back with parameters for expediting and simplifying the process that may be more closely conformed to the simplest zoning and land use that relates to their property. VOTE: UNANIMOUS Commissioner Gordon reiterated it was very important they come back with the overall parameters without coming back with properties at the same time. e. Zoninq Atlas Amendment— Merritt Rezoninq Glen Bowles with the Planning Department stated Merritt Rezoning is very similar to the Woods matter. It's a split zone with the two parcels directly to the west. They also join the utility easement to the north and a convenience store to the west which is also zoned NC2. He requested the Board consider the Planning Director's and Staff's recommendation, the recommendation of the Planning Board from their June 6th meeting, they close this public hearing, and take the appropriate action to approve this. A motion was made by Commissioner Hemminger, seconded by Commissioner McKee, to close the public hearing and approve the Planning Director's and Staff's recommendation, and approve an owner-initiated Zoning Atlas Amendment to rezone approximately 0.83 acres of land on 2 parcels of property from Rural Residential (R1) to Neighborhood Commercial (NC2) in accordance with the provisions of the Unified Development Ordinance (UDO) as contained in Attachment 3. VOTE: UNANIMOUS f. Zoninq Atlas Amendment—Application of Special Flood Hazard Overlay District to Parcels Associated with the Oranqe-Alamance County Line Adiustment Glen Bowles said because of the shifting in and out of the line along the common border with Alamance County, some flood hazard areas came into the county and some went out into Alamance County. They had to rezone and place the flood hazard overlay district upon that. They have three areas of the county involved and although there was not very much land involved, they still had to go through the process of rezoning them. He asked the Board to consider the recommendation for approval by the Planning Staff and Planning Board, close this public hearing, and take appropriate action. A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz, to close the public hearing and approve a Planning Director initiated Zoning Atlas Amendment to apply the Special Flood Hazard Area (SFHA) Overlay District designation on parcels associated with the revised Orange- Alamance County line as contained in Attachment 3. VOTE: UNANIMOUS 7. Reqular Aqenda a. Conservation Easement for Thompson Farm Rich Shaw, Land Conservation Manager with the Department of Environment, Agriculture, Parks and Recreation (DEAPR) stated that Mr. Thompson could not be present. However, Mr. Thompson's attorney, Andrew Brannon, was present. Mr. Shaw told the Board Orange County is collaborating with other property owners to complete an agricultural conservation easement on the Thompson farm. The Thompson farm is 57 acres and is located in the northwestern part of Orange County in the Cedar Grove community on Allie Mae Road. He displayed an aerial view of the property. This showed a variety of crop land and impoundments used to raise fresh water prawns. Mr. Shaw displayed a photograph of Joe Thompson who was recognized as Small Farmer of the Year two years ago. Mr. Thompson is a member of the Agricultural Preservation Board and his farm is enrolled in the voluntary agricultural district program. For 20 years, he and his wife, Geraldine, raised tobacco on this farm but have converted the farm to raise fresh water prawns and have been very successful. Mr. Shaw displayed various photo views of the farm, some of the infrastructure. The Thompsons not only raise the prawns, they also grow the ingredient for the feeds that go into the prawns. He displayed additional photos of the property and a photo of Mr. Thompson giving a tour of the facility during one of the recent agricultural summits Orange County holds each year. Mr. Shaw also displayed a photograph of a prawn. Mr. Shaw showed the Board the site plan showing the 40 acres (outlined in red) that would be part of the conservation easement. The heart of the farm is going to be affected by this permanent conservation easement. The site plan also showed the different prawn ponds on the western side of the property adjacent to the flood plains of Back Creek. Most of the yellow area shown was crop land and open area associated with the growing of feed for the prawns. The tan or brown areas are excluded from the conservation easement. Mr. Shaw explained this is a perpetual conservation easement. The landowners retain the right to privacy, the rights to farm, and the rights to construct agricultural buildings to support their enterprises. There is one existing residence on the property which may be maintained and enlarged on the same site but there's no future subdivision allowed on this property. It is to be retained for agricultural purposes. There are some areas excluded from the easement that could be used for other uses, non-agricultural or otherwise, but they're not affected by this action. There are a number of funding partners for this project although Orange County will not be the holder of this easement. This is unusual compared to some of the other lands brought before the Board through the Land's Legacy Program. They did apply for grant funds from both state and federal agencies they normally work with on conservation easements and were turned down. The Black Family Land Trust was successful, however, so they've been working with them, with Mr. Thompson, and with the granting agencies like the USDA and the North Carolina Agriculture Farm Land Development and Trust Fund. Orange County is playing a secondary role. Because they're proposing to invest some money, the County will hold some interest in the property by virtue of being a backup easement holder. Mr. Shaw explained that should the Black Family Land Trust ever cease to exist, or if they could no longer fulfill the role as an easement holder monitoring and overseeing this conservation easement, Orange County is listed in the conservation easement as a potential backup holder. Because of this, there is a portion of the easement the County would sign off on. The following is the PowerPoint presentation by Mr. Shaw: Agricultural Conservation Easement Thompson Farm Orange County Legacy Program Black Family Land Trust NC Department of Agriculture & Consumer Services US Department of Agriculture Site Plan of Thompson Conservation Easement Conservation Easement Thompson Farm +/- 57 acres Back Creek watershed Tobacco � Prawn Farm Cropland Photograph of Farm, Facilities, Mr. Thompson, Prawn (6) Exhibit C-1: Easement Area Description Map Agricultural Conservation Easement Thompson Farm Perpetual Easement (40 acres) Rights of privacy Right to farm Agricultural buildings/structures Existing residence No future subdivision Agricultural Conservation Easement Thompson Farm Funding Partners: USDA Farm & Ranchland Protection Program NC ADFP Trust Fund Orange County Landowner donation Black Family Land Trust Agricultural Conservation Easement Thompson Farm Grantees: Joe and Geraldine Thompson Grantor: Black Family Land Trust Back-up Grantor: Orange County Commissioner McKee asked if Orange County was exposed to any liability or responsibility by being the secondary easement holder. John Roberts said no. Commissioner McKee then asked what would be left in the fund after the expenditure of the $36,000. Mr. Shaw replied they had exhausted the funds allocated for conservation easement purposes so this is coming out of the larger Land's Legacy Fund that is for multiple uses including conservation easements. Dave Stancil commented the residual balance would be roughly $1,583,000 in the total Land's Legacy Fund. Commissioner Hemminger said she's always excited about a conservation easement. She asked when they have any hope of getting the Back Creek portion which is going up for a separate funding. She stated the Clean Water Trust Fund hasn't had much money allocated and that seems like a piece of property they want to protect watershed wise. Mr. Shaw replied there is nothing in the horizon and there is a lot less funding available through the Clean Water Management Trust Fund. They split that part off hoping three or four years ago this would be an opportunity because they knew funds were limited for farm land protection itself. He does not foresee any time in the near future having funds for that other flood plain portion of the property. Commissioner Hemminger asked if that would stay in the hopper of possibilities for the Land's Legacy Program and Mr. Shaw said yes. The buffer requirements were then discussed and Mr. Shaw said they did not have any type of fencing requirements built into this because the nature of that part of the farm is for prawn production and there's no pasture there. They didn't foresee that need in this particular project but it's still something to consider and explore with further protection of that waterway because it does flow into the Mebane water supply. Commissioner Jacobs thanked and congratulated the Thompsons. He added they have another Small Farmer of the Year, Mr. Hughes, who might benefit from working with the Black Family Land Trust and asked Mr. Shaw if they had been doing that or made any progress. Mr. Shaw said there is no active project for that farm at this time. Commissioner Jacobs said if Mr. Hughes is still interested, he would suggest this alternative approach might be worth trying. Mr. Shaw said he would look into that. Commissioner Foushee commended the Staff for their diligence in working with the Thompsons over the last three years to get this accomplished. A motion was made by Commissioner Foushee, seconded by Commissioner Gordon, to authorize Orange County's contribution of funds of$36,000 toward the purchase of a permanent conservation easement for the Thompson Farm in Cedar Grove and authorize the Chair and Clerk to sign the conservation easement pending final approval by the Staff and County Attorney with a closing and liquidation of the document expected to occur by September 30, 2012. VOTE: UNANIMOUS b. Professional Services Aqreement— Community Geothermal Analysis, Desiqn, Bid Manaqement, and Construction Administration Jeff Thompson, with Asset Management Services, reminded the Board that the Link Government Services Center joined the Justice Facility as the second Orange County facility conditioned by a closed loop geothermal heating and cooling system. The Board authorized this efficient sustainable technology which has drastically reduced the heating and cooling energy for these facilities. Staff continues to plan for a 30% average in reduction but unofficially, the Justice facility's numbers were north of 40% for 2012 in energy savings on a per square foot basis. With the Link facility, which has been online since the spring, they've had a 30% reduction thus far. Mr. Thompson said the next phase of the design is the Community Geothermal System Project that incorporates the jail, district attorney facility, historic courthouse, Court Street annex, and the units with the Battle courtroom. This plan is in the FY 2012/2013 Capital Investment Plan as approved. They also requested a qualifications process for a designer for both the Link and Community Geothermal facility. That was engaged with Reece, Noland & McElrath Engineers, Inc. Steve Kaufman, who is the principal engineer, was present at the meeting. Mr. Thompson told the Board they were asking permission to move forward with the design of the Community Geothermal System and if approved, the design will start and should be finished by the end of the calendar year. They can then move into bidding in the winter and construction through the spring and next year with this Board's approval. Commissioner McKee said he received a communication regarding possible water loss where geothermal wells were being used in Orange County. He asked for confirmation that there was no water loss. Mr. Thompson replied this is a completely closed loop system so there's no interface between the ground water and the water within the tubing that's circulating through the earth's crust. Commissioner McKee told the Board his neighbor has had a geothermal system for more than 30 years and is overwhelmingly pleased with it. His heating and cooling costs are significantly lower. He does have some water loss but it is used to water cattle. The concern Commissioner McKee had received was regarding what is called pump and dump in which the water is brought up, run through a unit, and then dumped. He would have concern with that but understood this one was not that style. A motion was made by Commissioner Hemminger, seconded by Commissioner McKee, to approve awarding a professional services agreement to Reece, Noland & McElrath Engineers, Inc. of Waynesville, North Carolina, in the amount not to exceed $175,625 for the analysis, design, bid management, and construction administration of the Community Geothermal and HVAC Capital Project#30018, and authorize the Chair to execute the Agreement upon final review by the County Attorney. VOTE: UNANIMOUS c. Southern Oranqe County Government Services Campus Master Plan Update, BOCC Recommendation of Concept Master Plan Jeff Thompson said in the spring of this year, the Board authorized the engagement of Clarion Associates of Chapel Hill to work with Orange County towards a master plan for the 34 acres southern Orange County Government Services campus. This campus currently houses the Southern Human Services Center, the Robert and Pearl Seymour Center, and Project Home Start. Staff and consultants have worked through the summer on this endeavor and will provide an update on its progress. The goal of this process and eventual master plan is to provide Orange County with the utmost flexibility in its future development needs as well as lengthening that flexibility over the longest period of time which in this case is 25 years. The master plan will serve as the foundation for Orange County's efforts in securing a special use permit modification with the town of Chapel Hill upon approval of the final master plan. Mr. Thompson said the intent of his presentation is to show the work to date and discuss alternative concepts to master plans for the Board's guidance towards the October plan adoption. Mr. Thompson then introduced Roger Waldon, the principal of Clarion Associates, to begin the discussion. Roger Waldon said they are working with Staff, advisory boards, and some of the stake holders on this property to learn as much as they can about the property and its history. They want to put Orange County in the best possible position to make full use of this property to provide services to the citizens of Orange County. Mr. Waldon introduced Ken Redfoot to walk them through a couple of concepts they've put together and they hoped to follow that with discussion and get direction from the Board on where they would like this to go. Following is the PowerPoint presentation as reviewed by Mr. Walden: Southern Orange County Government Services Campus Master Plan Background Information and Draft Concept Plans August 21, 2012 Orange County Board of County Commissioners Presentation Objectives • Project Fundamentals • Background and Existing Information for Site • Concept Plan Options • BOCC Discussion and Direction • Project Fundamentals: Purpose • Develop and Adopt Master Plan � Supportive of County government services ➢ In Southern Orange County ➢ Centralized, convenient, accessible, co-located � Phased Plan � Design Guidelines Obtain Development Approval from TOCH � Special Use Permit Modification Project Fundamentals: Schedule • Tonight: Presentation of Project, Principles, Options • September 4: Public Information Meeting � Cor�4omhor ��: Chapel Hill Town Council Discussion (TBD) • October 16: BOCC meeting, approval of Master Plan • October, 2012: Start Chapel Hill Process - Concept Plan Review Application • November, 2013: Target for approval of Special Use Permit-Modification Background and Existing Information for Site: Area Map Background and Existing Information for Site: Regulatory History of Site • 1992: County Purchased Site Consolidation of human services in southern Orange County • 1994: Special Use Permit (SUP) Approved by Chapel Hill Orange County Southern Human Services Center • 1995: SUP Modification Approved by Chapel Hill Project Home Start facility • 2005: SUP Modification Approved by Chapel Hill Robert and Pearl Seymour Senior Center • 2007: County Adoption of Concept Plan For Internal Staff Working Purposes Several assessments: cultural, archaeological, environmental Background and Existing Information for Site: Site Conditions and Constraints Background and Existing Information for Site: Carolina North Concept Plan Options: Key Factors to Consider in Concept Plan • General Policy Objectives • Site Design Objectives • Maximize Buildable Area within Policy context • Maximize Floor Area for Flexibility • Provide for Undisturbed Areas • Use of Existing Stormwater Ponds • Minimize Infrastructure Cost • Minimize Impact to Hardwoods in Southwest Corner • Minimize Need for Future Land Acquisition • Minimize Operational Costs • Potential for Accommodating County's Future Needs Key Definitions for Concept Plan What "Development Area" means -A place for: • Buildings • Parking • Landscaping, Open Space • Roads, Paths • Infrastructure (e.g., stormwater facilities) What "Undisturbed Area" means: • No land disturbance, protected during/after construction Definition of Development Area Option A Option B Evaluation Chapel Hill Process Concept Plan Application Community Design Commission Review Town Council Review SUP-Modification Application Staff Review, Advisory Board Review Town Council Public Hearing, Subsequent Action Estimated Time Frame: January 2013 - November 2013 Individual Buildings Application Subsequent to SUP-M Approval. Estimate 6-months for each. May include most of site infrastructure with first building Estimated Application Fees Cor�4omhor �'� Rriofir�rr 4n Tn�nm ('n�ie�nil Discussion Board Feedback on Plan Alternatives Take to Public Information Meeting September 4 Develop into Full Master Plan with Design Guidelines to Present October 16 (End of PowerPoint) After reviewing and discussing the above items, Mr. Walden displayed a map stating their approach to doing this Concept Plan is to look at the road network and how the roads might go, how they might be served, look at the existing buildings, and then define what they're going to call development areas. The map indicated an area that could be developed versus one that couldn't be meaning it's undisturbed. A lot of things will go in the development area such as individual buildings, storm water management facilities, infrastructure, landscaping, and some open space parks. The development area does not mean it's a building footprint but means some land disturbance might occur. They may also want to preserve a particular stance of trees in a development area. Ken Redfoot continued with the PowerPoint presentation and said the graphic description on the first slide is not meant to be a design but only to show what Mr. Walden had described in words. It's a building, associated parking, landscaping, roadway connections, actual storm water facilities including utility connections and utility corridors. All those could happen within the development area. Mr. Redfoot described the two options in which there are similarities. One is the use of the dedicated right of way. That access point allows for a second means of entrance and egress from the properties which they feel is a strong necessity as they redevelop and it increases the square footage on the site. Mr. Redfoot said in working on and receiving comprehensive input from Staff, they learned the road that presently has a main entrance on Homestead coming onto the site is curvy and has led to some difficulty in access for buses and vehicles and some safety concerns. In Option A (on slide), they tried to minimize what they are doing over the entire site but make important safety moves as in straightening out the road. This would allow the entrance to come in a straight angle all the way to the parking lot at the Southern Human Services building. It also clarifies the road connections so they can start looking at where they can develop new building square footage, parking, etc.. Mr. Redfoot pointed out this was the tan area on the map. He also pointed out a cross connection where they were proposing to tie the new road into the road in the dedicated right of way. This area is approximately 135,000 square feet on one side of the road and in the second area shown approximately 85,000 square feet for a total of approximately 220,000 square feet of development area on Option A. Mr. Redfoot explained Option A and B also include the potential for an addition to the Seymour Center and to the Southern Human Services although they don't know the size or location at this time. In both options, they are calling for preserving the hardwoods in the southwest corner of the site. Mr. Redfoot then moved on to Option B (slide) and said it did a much larger job in terms of addressing the main entrance. They could use a major intersection and entrance change there to clarify getting into the site, more of a straight intersection, a T intersection into Homestead Road. The road would come straight into the Seymour Center and parking lot giving a clear identifiable parking lot and traffic access to that center. Then, coming off into another clear T intersection, they would swing the road all the way through the site, connect it with the Southern Human Services Center, bring it all the way through and connect it back to the roadway in the dedicated right of way. This will accomplish a much larger development area of approximately 390,000 square feet. On this option, the storm water management would take place in the tan areas shown. Mr. Redfoot then reviewed the contrasts between Option A and Option B as outlined below. Concept Plan Variable Concept Plan A Concept Plan B • Improved road alignment • Improved entrance Distinguishing Characteristics • Maintain existing stormwater intersection and internal ponds circulation • Largest area of development • Improved traffic circulation for vehicles and pedestrians • Proposed road along east side of site (dedicated right of way) Common to Both • Additions to existing buildings with associated parking • Maintain undisturbed southwest area • An additional 350,000 square feet of floor area available per Town's ordinance Development Area 220,000 sf 390,000 sf Undisturbed Area 7 acres 10 acres Ponds Relocated No Yes Infrastructure Cost Moderate High Impact Hardwoods in Southwest No No Corner Good potential for meeting Highest potential for Future Land Acquisition future space needs on this site, eliminating need for future without additional land land acquisition acquisition Multiple buildings on multiple Co-located, centralized Operational Costs sites increases operational buildings potentially lowers costs operational costs Potential for Accomodating County's High Highest Future Needs Mr. Waldon said in the Chapel Hill process, they're aiming for a modification of the special use permit which will take nine to twelve months. The mandatory first step is concept plan review. The application fee for the concept plan is modest but the special use application fee is based on square footage. They do not know the exact amount yet but they anticipate it being approximately $80,000. Mr. Waldon told the Board they were seeking their feedback on Options A and B, direction on what they would like them to take forward to the public information meeting on September 4th, and guidance into turning that into a full blown master plan they would bring back to the Board on October 16tn Commissioner Gordon asked them to explain what the Town Council wishes to do. Chair Pelissier replied they had received a letter today from the Town of Chapel Hill Mayor Kleinschmidt saying it would be preferable to wait until they have their joint meeting or perhaps schedule an additional meeting to discuss it. Commissioner Gordon then referred to page 4 (the bottom slide) and asked them to explain the purpose and rationale. She said she had taken the bullet points that they had given, and had written a statement to clarify the importance of pursuing a plan at this time. She read, "Orange County has the opportunity now and in the future to co-locate county services on one campus which is centrally located, convenient, accessible to the residents of southern Orange County, and located on the public transit line." She felt that kind of statement, placed in this context, is important. Commissioner Gordon stated their having the 34 acre campus gives them an unprecedented opportunity to locate their county services in one place. If they're smart about it, and she believes they are trying to be, and make plans for now into the future for 25 years, they can have something they don't have in Hillsborough. People have to go all over town in Hillsborough for these services. She feels it goes beyond the cost of buying land someplace else. Also land in the future is going to be expensive and harder to find the best spot. It also goes beyond that to the heart of why it's so important to plan for this campus now because they can co-locate all the services and with a destination like that, there are symbiotic relationships. There is one place to go to, the buses are already going there, and they could run the bus line more often. She said they were lucky to get this 34 acre campus because they weren't necessarily looking for it. It's a great opportunity not only to save their money by not buying additional land but it's irreplaceable by locating all the county services at one destination. She feels putting this type of overarching framework before the Town Council sets a context of why it's so important for them to move forward and plan now for delivering these services. Commissioner Jacobs asked the difference between the paved surfaces in square feet in A versus B not counting the development areas. Mr. Redfoot replied he did not have that information but could get it. Commissioner Jacobs said Chapel Hill Transit has complained for years about the road going into that property but a curving road has a traffic calming effect. He asked what they would do to calm traffic versus having a straight shot into that parking lot. Mr. Redfoot replied there are certain things they can do as pedestrian safety is a concern. As they locate more uses and more people coming onto the site, it will become more of an issue, and as buses are coming through the site, they need to take that into consideration. He explained when the buses come through the site, they have to cross over the line and have a difficult time maneuvering through the site. They are trying to make it safer and they can do things like raised crosswalks and try to slow people down. He believes once they get a certain mass of people there, and hopefully flows of pedestrians, it would be a good source of natural traffic calming as well. It is a difficult balance to accommodate buses and not allow the vehicles. Mr. Waldon added that the master plan they're going to bring back to the Board in October will have a map that shows the geography of the site but will also be accompanied by a set of design guidelines which will include instruction for how to design the infrastructure and the individual buildings. It will have the standards for storm water management. Now they will also address traffic calming, pedestrian safety, and vehicle speed. Mr. Waldon added these are still very conceptual and while they may appear as a straight line on the map, there could be a meandering to it that would have softer curves than what is currently shown. Commissioner Gordon referred to the developed area where they showed the amount of floor area ratio in Option A versus B. She wanted to make clear the floor ratio area in the developed area is different and said it's important to highlight that. There is 390,000 square feet of development area in Option B but Chapel Hill happens to have 350,000 square feet of floor area ratio. She had emailed that question and got a definition back which may be good to put in so people reading won't think Chapel Hill only allows 350,000 and this has 390,000. Commissioner Gordon also stated with regard to which plan, it is important to get as much as they can while still adhering to their principles. They want to preserve the natural areas, respect the site, but develop what makes sense. To her, Option B is the best option, or some version of it, and it would allow them to co-locate the services in this area. She has walked the site and most or all of Option B has areas that are developable. She also said it's important to note that developable area is not just buildings but includes everything such as landscaping. If this is the site into the foreseeable future, as long as they can be true to their environmental principles, they should develop this campus on all the land that is truly developable which to her is Option B. Chair Pelissier expressed her support of Option B, not just because of the greater development area, but she likes the traffic flow as it appears it will be much smoother. It is a much clearer plan and they need to take into account they have no idea exactly how many buildings they will actually need. She would like the greatest amount of flexibility possible which she feels is Option B. Commissioner McKee agreed with Chair Pelissier on the flexibility of the plan but thinks they do not need to get bogged down in square footage or paved surface area or anything else at this point. They have to remember this is 25 years or more out. Things can change and be adapted. He added that while they're looking at 390,000 square feet of developable area, that doesn't necessarily mean a large or small footprint or impervious surface. Commissioner McKee said he supports Option B primarily because they spent a lot of time talking about moving towards higher density, more urban style development, particularly in the urban areas, for the advantage of walkability, transportation needs, and accessibility to services. This past June, they passed and placed on the ballot a half cent sales tax in a referendum for transportation plan that focuses on higher, more urban, style development. They've been talking the talk and this gives them the chance to walk the walk. Commissioner Foushee echoed Commissioner McKee and added that Option B allows them to centralize county services onto one campus for southern Orange County. Commissioner Yuhasz agreed they need to keep in mind they don't know how much space they're going to need. If they need all the space available in Option B and they don't have Option B, then they will have to look for another place within Chapel Hill to provide those same services. That would take property away from potentially taxable property which would then become non-taxable. Commissioner Yuhasz felt if they maximize the opportunity to develop this property, they won't have to look for other properties. This is important to Orange County as well as the Chapel Hill community. Commissioner Jacobs asked what the height restrictions were by Chapel Hill for this property. Mr. Waldon said 60 feet which typically translates into four stories. Commissioner Jacobs said theoretically the square footage they want can go on smaller footprints. He asked if they were anticipating four story buildings. Mr. Waldon said it was hard to know what to anticipate but the intent in drawing these concepts in these development areas is there would be some vertical element to it so these would not be one story buildings. It certainly increases the capacity to go higher. Commissioner Jacobs suggested the design guidelines specifically indicate these will be multi-story buildings because if they're working in an urban setting, they should abandon one story buildings if at all possible. That would allay some of his concerns about what they're going to do to the property and possibly some of the concerns of the Chapel Hill Town Council about suburban style development in an urban setting. Commissioner Jacobs commented that Option B had 50,000 square feet of additional development to the southeast of Southern Human Services Center. He asked why this was not in option A. He added there is some indication it was a difficult site to build on but they're comfortable now that's a doable thing. Mr. Redfoot said it was a choice and there was no compelling reason to do that. They felt the development area needed to be more intense on B and there is some topography they have to deal with. It tails off as it goes towards the dedicated right of way but they learned through using different levels in the building, they can have parking below and building above. He agreed, however, with Commissioner Jacobs in that it could be a development area and A could go into that same location. Commissioner Jacobs also requested that sometime between the September 4th meeting and the October 16th meeting, or when the Board of Commissioners are given a formal plan, that there be a guided tour of the property so they could invite the public. Commissioner Jacobs added that in talking about minimizing impact to hardwoods on the southwest corner (on page 006), he would like for it to also say, "and other significant hardwoods on the property." He said they glossed over the existing pond and the storm water management pond is an amenity that was on the property when they bought it. It was developed with trails by the Americorp volunteers and could easily plug into the greenway system. As they tweak the property in the future, Commissioner Jacobs feels it's possible they can still build buildings where they're put around the pond and it's actually an amenity. He said one reason that road curved was because there used to be a house site there and the hardwoods there are just as mature as the ones in the southwest corner. Commissioner Jacobs said as long as they somehow take special note they want to build those into the design, he can live with B versus A, at least at the gross level. Commissioner Hemminger said she likes Option B for many of the reasons already stated but her main like is that it flows much better so people don't get trapped in the Southern Human Services parking lot. She also wants to make sure they are mindful of bus access in and out of each one of the proposed development areas because a lot of the citizens that use these services have to come by bus. As of now, you can take the bus to the front of the two buildings which is especially helpful to people who need assistance. She does not prefer the paved road going out the back but knows that may be necessary for the flow of traffic. She also likes the preservation of the hardwoods. Chair Pelissier said since everyone expressed a preference for Option B, in the recommendation to talk about the merits of an alternative concept plan design, she believes they all endorse having a master concept plan design. It appears Option B is where they need to go but she doesn't think they need an official motion. She told Mr. Waldon she hoped they had provided sufficient feedback for them to take to the public input session. Commissioner Jacobs said he would still like to know the difference of the paved area. Mr. Waldon told him they would get that information. Commissioner McKee responded to Commissioner Jacobs' concept of working around some of the structures and trees. He feels it's something they should consider because he sees this in commercial development all the time where they incorporate existing structures, existing ponds, and existing buildings, into their new commercial or residential development. As they're working on this, they should at least allow for the option of including the old trees around the house site and some of the other amenities that would make this a more attractive project in the end. To address those specific comments, County Manager Clifton stated that each time they get ready to build there, they'll go through a site plan analysis, a tree survey, and they'll make decisions on moving buildings. The issue of this concept plan is to take a look at these development areas and say when they get ready to build, they're going to build X number of square feet. Each of the issues and all the elements the Board has talked about will be reviewed by the Board on each building they bring forth and then they present that site plan to the Town of Chapel Hill. He does not believe the Board has laid anything out tonight that would not be included in their review of the buildings they're going to do there. Chair Pelissier thanked the Manager and Staff for bringing this to the Board. It causes them to realize how lucky they are to have this piece of property so they can consolidate and meet the future needs of Orange County citizens. Commissioner Gordon asked if they could make it so the statement she wrote out about the purpose would be included. Chair Pelissier said it would be in the record. d. Discussion Reqardinq Parkinq Provisions for the Eno River Parkinq Deck John Roberts with the County Attorney's office said the County was previously involved in litigation over differences of how the administration of the parking deck was impacting Orange County customers, employees, and residents of Orange County who needed to use it. The County had a lease agreement with the deck owners that provided access and that ultimately resulted in litigation. The litigation was settled earlier this year and in the outcome, the County acquired ownership of the parking deck. The Manager then established some administrative guidelines attached to the agenda that say how the deck is going to be run until this Board decides how it will be run. Up for consideration or discussion tonight is whether to leave the current structure in place, whether to make the parking deck a pay to park area, or whether to leave it a free parking zone. Mr. Clifton told the Board if they want to proceed with some type of pay to park, they should look at all the spaces Orange County owns and deal with it. Otherwise, they're reverting back to where they were before. The deck has gotten them significantly greater use from the public which has also increased the availability of parking in other Orange County owned locations. Mr. Clifton said this was not to rule out paying for parking at some point in the future. Necessity is not there right now but the deck was acquired during the summer break for the Board. They initiated the plan provided and have restrictions such that the County employees park on the upper level and the lower level is gated. The public uses the other levels. This has worked very well especially for the library and office building use. Commissioner Yuhasz said he has been pleased to see the number of people parking in the deck. He feels they should keep it free until there's a greater demand for parking. He asked if it was necessary to still have the arm there when people come into the deck. Mr. Clifton replied it slows people down as they're entering the parking deck and there's no separate walkway for pedestrians as that walk through that gated area. Commissioner McKee said the arm gives the impression it is still a paid deck. He suggested they put the arm in a raised position until they see if they have a problem at which time they can lower the arm again. Mr. Clifton suggested they put a speed bump if they are going to raise the arm. He is concerned about waiting until they have a problem as it would involve a pedestrian. Commissioner McKee asked that they do look at other alternatives as he does not feel they need to have a fee for parking at this time. Commissioner Jacobs agreed and suggested they have bold signage saying free parking and possibly telling people to stop at gate. People who are conditioned to think there will be a charge will still have that impression if the arm is down. He said this is an indirect economic development boost for downtown Hillsborough and feels they need to make it as clear as possible that someone can get in and out at no charge. Mr. Clifton confirmed that all the pay machines were gone so no one could pay if they wanted to. He agreed they would put up more signage about the parking being free. Chair Pelissier agreed more signage was necessary as safety is of the utmost importance. The fact the deck is being used more indicates a fair amount of the public does understand that it is free. Commissioner Hemminger stated she liked the free parking and the arm. She feels when the arm is down, pedestrians feel safer that no one is coming through to hit them. She suggested they write free parking on the arm. She also asked what was in place for monitoring the deck and referred to the notation that someone would tow cars that were left overnight. She asked if the $22,000 per year quoted included someone walking through and checking that type of thing in the deck. Mr. Clifton replied that their Staff periodically maintains the deck now although it used to be contracted out. He said they may want to consider security cameras in the future. Commissioner Gordon agreed they should have the arm but with signage explaining the parking is free. With regard to the fee structure, she understands going with the guidelines they have for now. The Manager reiterated to her, however, that any fee structure change would require a comprehensive look at all the parking provided by the County in downtown Hillsborough. She believes they should do that because on heavy court days there are prime parking spots near the courthouse and there is some parking that could be charged for whether it be in the deck or some other prime parking spaces. Commissioner Gordon added they don't have good evidence for changing the policies they have now, but they should look at a fee structure perhaps in the context of the next budget to see if it makes sense to charge for prime parking areas. Commissioner Yuhasz said there had been some discussion about improving the sidewalks at the Weaver Street crossing and to improve access to the courthouse from the parking deck. He feels they should not make any changes to the parking until that is completed. Chair Pelissier said she did not want to charge fees right now. She does not believe Hillsborough is of the size or ready for that. She believes some of the pressures they had by the courthouse was because there was a fee in the parking deck and people were avoiding it. Now that it's free, they need to wait and see. Commissioner Jacobs said he would like to know how much the parking deck is actually being used. Long term, there will be more and more parking, but if it's half used, for example, they may want to consider closing off the upper deck after the Staff leaves for community events or some other use besides empty parking spaces after 5:00. The art community may want to use it for events. He suggested some type of usage flow study as to what's going on in the deck and then revisit that. Chair Pelissier said she did not hear a majority of Board member saying they wanted to look at a fee structure at this point so they directed the Manager not to look at fees for the time being. e. Interlocal Aqreement with Town of Chapel Hill in Support of Business Incubator Steve Brantley, with Orange County Economic Development, said his office had prepared the abstract summary regarding the interlocal agreement with the Town of Chapel Hill in support of a business incubator. The draft agreement provided to the Board advances Orange County's effort over the past year to establish a long desired innovation center in the community and serve entrepreneurial start up businesses. The goal is to nurture the entrepreneurial spirit locally and provide for an attractive and suitable environment in which to retain promising home grown firms for the long term. Mr. Brantley said Orange County and the Economic Development office contracted in 2011 with the University of North Carolina to conduct a commercial real estate study of the county with a specific focus on ways to support the growth and retention of entrepreneurial companies. This consultant study conducted by Dr. Emil Malizia, who chairs the UNC Department of City & Regional Planning, determined that many of their community's budding start ups originate with the university. However, even if those entrepreneurs do find a convenient and affordable initial location here for their business, the great majority such as IT and software design startups eventually relocate outside of Orange County. They are drawn, for example, to Durham, and now Wake County and Raleigh have announced their new incubator facility. Mr. Brantley said they have surveyed potential office space that can potentially offer unique types of working environments generally desired by start-ups. This would also be the kind of space which offers an attractive lease rate that can be reasonably considered by a small firm on a budget with limited initial financial resources. The County has also explored partnering with various other supporting organizations as a means to either reduce their associated costs or which could add special expertise in the daily management of an incubator operation. In March of this year, an ideal property located at 321 West Rosemary Street was identified as a new candidate location. Its 4,000 square feet and urban location are ideal as well as the current upfit that is already designed for IT purposes. Orange County's opportunity to establish an innovation center at this location is strengthened by a proposed 50/50 partnership with the Town of Chapel Hill and direct consultant support to be given by the university. UNC already reports overwhelming interest and a waiting list by the university start ups eager to move in and get established. UNC will offer those entrepreneurial firms mentoring in the areas of financing, writing a business plan, and related counseling. The Town is also arranging for the day to day operation to be managed by the Chapel Hill Downtown Partnership. Mr. Brantley said their summary of this potential incubator partnership was first introduced to the Board's attention in April 2012. On May 30th, the Chapel Hill Town Council voted unanimously to partner with Orange County. In July, the County Attorney's office prepared the draft interlocal agreement for this Board's review. The draft agreement outlines a co-chair with the Town of Chapel Hill and provides for lease payments at 321 West Rosemary Street over the next three and a half years. Over that 42 months, Orange County would provide $10,000 in quarterly payments or $140,000. The payment could be funded via the recently approved quarter cents sales tax referendum and sales tax proceeds. Chair Pelissier said she wanted it to be clear to the public that this would, not could, come from the quarter cents sale tax. Mr. Brantley agreed. A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz, to approve an interlocal agreement to support the growth of Orange County's entrepreneurial development goals and also form an economic development tie with the Town of Chapel Hill regarding the creation of an innovation center located at 321 West Rosemary Street in Chapel Hill. VOTE: UNANIMOUS 8. Reports: NONE 9. County Manaqer's Report: There was no report by the County Manager. 10. County Attorney's Report John Roberts updated the Board on the status of the implementation agreement with Triangle Transit. He and Craig Benedict, and one of his staff inembers, have been meeting with members of TTA and MPO in an effort to work out differences. The biggest difference between the County Staff's position and TTA's position is whether the MPO needs to be involved as a party to the agreement and that is up to the Board. At the second meeting in September, Mr. Roberts said they're planning on presenting the Board with two documents, one of which will be their view of what the agreement should be, and one that may be a consensus between TTA, the MPO, and Orange County Staff of what the agreement should look like if the Board decides to include the MPO as a party to the agreement. Mr. Roberts said the codification status of the UDO is the Municode legal staff has completed their review of the document. They recommended a number of changes to the existing document to make it comply with North Carolina law. He is going to review those recommended changes with Michael Harvey and other attorneys in his office to see if they can agree on whether or not they agree with Municode's attorneys. If they do, they will have to bring forward suggested amendments to the UDO and once that happens, the codification will proceed as a publication by Municode which will take three to four months. 11. Appointments a. Human Relations Commission (HRC—Appointment A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger, to appoint Preston Scott Phillips to the Human Relations Commission. VOTE: UNANIMOUS Commissioner Jacobs said there are two vacant at large positions and rather than make appointments like they've done in the past and then find out the person is no longer interested or doesn't live in Orange County, he suggested they appoint people to those positions if the HRC doesn't do so by the next meeting. Chair Pelissier said this Commission has 24 members because they merged it with the Commission for Women. They were to come back with a plan to reduce the membership and look at the functioning of that Commission. It's been some time and they have not done that. She is not enthusiastic about having to fill all the positions in the even there will be the reduction in membership A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz, for Staff of HRC to come back with a plan by the end of the calendar year to reduce the size of the HRC Board. VOTE: UNANIMOUS b. Oranqe County Planninq Board —Appointment A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon, to appoint Jae Furman to the Orange County Planning Board. VOTE: UNANIMOUS 12. Board Comments (Three Minute Limit Per Commissioner) Commissioner McKee did not have any comments. Commissioner Foushee said she attended NCACC conference and is honored the NCACC past President, Kenneth Edge, chose her to head up his 2011/2012 Initiative for Healthy Living Task Force. It's a wonderful opportunity for her and they think the counties will benefit from the results of their work. They have produced the Well County Guide to Employee Wellness Initiatives for all North Carolina counties. It is a tool kit to assist all 100 counties in designing wellness programs to fit their budgets and their needs. Each county was presented this guide at the conference and the guide is accessible online. Commissioner Foushee passed the guide to the Chair to determine how the County will use it. She also thanked the Board for their support and offered special thanks to Donna Baker, Clerk, who facilitated two of those meetings in Orange County. They had County Commissioners come in from all over the state and they were pleased with what they found here. She also acknowledged Nidhi Sachdeva who works with the health department and who was on the task force. She worked very hard on Orange County's portion of the guide and it made them proud. Commissioner Foushee said at the NCACC Board of Directors meeting, they decided to endorse the incoming President's initiative to start a county management fellowship program. The program will deal with the fact that the number of young professionals entering careers into the public sector is declining. The purpose of the program is to foster and promote careers in county management and to provide professional manager mentors to qualify masters' level graduates. She hopes with those incentives to bring in an intern for a year that Orange County would also participate. Commissioner Foushee had a copy of the Handbook on the Legislative Goals process for this year which she passed to the Chair. Commissioner Hemminger said she and Commissioner Foushee would be coming back to the Board with updates on the Rogers Road Task Force. There has been media coverage on this and some has been accurate while some has not. They're meeting tomorrow for an agenda process and they will get more information. Commissioner Jacobs said he attended the Burlington-Graham MPO meeting, along with Staff, and there have been a number of discussions about where the boundary will be between the Durham-Chapel Hill MPO and the Burlington-Graham MPO. He displayed a map and said it seems the Staffs have agreed to leave things the way they are which was not what they had been thinking previously. Commissioner Jacobs spoke with a member of the Mebane City Council who assured him this was fine with Mebane and that they didn't care if they had any of the MPO in Orange County. Commissioner Jacobs suggested at the MPO meeting they would first have discussions as a Board and, since they are meeting jointly with Mebane shortly after the 20th, that they have a conversation of the two elected Boards. Ed Hooks of Mebane and he would then come back to the next MPO meeting and report on whether the two Boards that are most affected are willing to sign off. Commissioner Jacobs said Commissioner Foushee and he attended the NACo Convention in Pittsburgh. He said he would write a report of what he learned or was exposed to. Two of the most interesting things were regarding using employee wellness tools to create a self-insurance program and alternatives to incarceration for misdemeanors. He said as they talk about building a jail, there's a tremendous amount of energy and information on alternatives to incarcerating people for misdemeanors. Fifty-one percent of families are now single parented and they heard examples of single mothers who were jailed because they couldn't make $500 bail because they lost their jobs and their children had to go into foster care. He said if they're going to try to build a jail and make the best use of their resources, there are a tremendous amount of alternatives to making sure what they're doing is keeping people in society who can function in it, and separating out the ones who can't in a way that is best suited for our resources and our needs. Lastly, Commissioner Jacobs said he was serious about asking the recreation staff to look at whether there are uses for the upper deck after 5:00 whether it is mobile baskets for people playing basketball, or shuffleboard. It's a big open space after the Staff goes home in the middle of Hillsborough that could actually be a resource. He offered to do this as a petition at the next meeting if necessary. Chair Pelissier suggested a petition at the next meeting. Commissioner Gordon asked to confirm that the Burlington-Graham MPO did not take a vote on the boundary. Commissioner Jacobs confirmed that was correct. Commissioner Gordon asked if it was a consensus that they leave the boundary as it is on the map distributed. Commissioner Jacobs explained there was a change up to Frazier Road that they indicated Mebane was including. It's a very small portion north of the current area where it extends into Orange County. He's not sure that is what Mebane thinks which is why he suggested they would have a discussion with Mebane and then hopefully have a unified opinion. Commissioner Gordon verified that the green area on the map is the MPO boundary and she pointed out the area that is the Burlington-Graham MPO and the area they may be interested in. Commissioner Gordon said she had emailed the Board regarding the Durham-Chapel Hill-Carrboro MPO meeting. They talked about the boundary issue at the meeting. They asked that the two MPOs discuss this, that they get input from the local Boards involved which are the BOCC and the Mebane Town Board, before they make any decision and that they would work something out. She said they respectfully asked the vote be delayed until today so it appears that worked itself out. Commissioner Yuhasz did not have any comments. Chair Pelissier said they had originally asked that something be brought to this meeting regarding the implementation agreement. A lot of Staff was on vacation and they will not be getting it until the end of September. She wants to be sure they get it without further delay because they do have the transit tax on the ballot and they approved the plan contingent on an implementation agreement. Chair Pelissier also attended the NCACC conference and attended a joint meeting of the environmental steering committee and agricultural. They had a presentation on water and resilient communities and she learned that western states have a lot of water laws; we do not. The presenter suggested in the future there is going to be a debate on riparian water laws. Another interesting thing noted in the presentation was that many communities do not charge the actual cost of water but charge a lot less. This is why there are a lot of infrastructure problems although not the case in this community. Chair Pelissier said Orange County was selected to present its Master Aging Plan (MAP). They had Janice Tyler, Director of the Department on Aging as well as Heather Altman, Chair of the Advisory Board on Aging. Chair Pelissier was a moderator. She said this was an honor that shows Orange County did a stupendous MAP. She also asked people there how many of them were aware that there was a master aging plan in their county and most of them were not. This was a consciousness raising and went along with some of the major sessions where there were discussions of major demographic changes happening nationwide, one of them being what's called Silver Tsunami. Both she and Commissioner Foushee went to a session on economic development and the presenter said it's not about quality of life, it's about quality of place. There were a number of ideas thrown around about changing perspective about how to look at economic development. 13. Information Items • June 19, 2012 BOCC Meeting Follow-up Actions List 14. Closed Session 15. Adiournment A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger, to adjourn the meeting at 9:45 p.m. VOTE: UNANIMOUS Bernadette Pelissier, Chair Donna Baker, CMC Clerk to the Board