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HomeMy WebLinkAboutMinutes 10-17-2013 APPROVED 12/2/2013 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS CARRBORO BOARD OF ALDERMEN JOINT MEETING October 17, 2013 The Orange County Board of Commissioners met in a joint meeting with the Town of Carrboro Aldermen on Thursday, October 17, 2013 at 7:00 p.m. at the Southern Human Services Center, in Chapel Hill, N.C. COUNTY COMMISSIONERS PRESENT: Chair Jacobs and Commissioners Mark Dorosin, Alice M. Gordon, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: James Bryan, Staff Attorney COUNTY STAFF PRESENT: Interim County Manager Michael Talbert, Assistant County Managers Clarence Grier and Cheryl Young and Deputy Clerk to the Board David Hunt (All other staff members will be identified appropriately below) CARRBORO BOARD OF ALDERMEN MEMBERS PRESENT: Aldermen Randee Haven- O'Donnell, Lydia Lavelle, Michelle Johnson, Sammy Slade, Damon Seils, Jacquelyn Gist, and David Andrews, Town Manager CARRBORO BOARD OF ALDERMEN MEMBERS ABSENT: Mayor Mark Chilton Welcome and Opening Remarks Chair Jacobs called the meeting to order at 7:03 pm. Lydia Lavelle serves as mayor pro tem and said that Mayor Chilton was out of town. Chair Jacobs said that the Board of Commissioners would like to add an item to the end of the agenda for a Board vote. A motion was made by Commissioner McKee, seconded by Commissioner Pelissier to add a meeting location change to the end of agenda VOTE: UNANIMOUS 1. Report from the Historic Rogers Road Neighborhood Task Force Lydia Lavelle introduced the first item. Michael Talbert reviewed the following recommendations from the task force, given at the September 17, 2013 meeting and listed in the abstract: 1. That the Cost associated with the Community Center and Sewer Improvements will be shared 14% Carrboro, 43% Chapel Hill and 43% Orange County. 2. That the Sewer Concept Plan presented by OWASA in 2012 to serve 86 parcels at an estimated cost of$5.8 million should be funded by Carrboro, Chapel Hill, and Orange County in proportion to the recommended cost sharing. The first phase of the construction should include segments 5, 6, and 8 at an estimated cost of$3.7 million, serving 67 parcels. Funding recommended to be included in the Fiscal 2014/2015 Budgets, with the remaining 19 parcels to be constructed in the second phase and included in the Fiscal 2015/2016 Budgets. 3. That the Task Force prefers the original Sewer Concept Plan presented by OWASA in 2012 to serve 86 parcels at an estimated cost of$5.8 million. First this concept will provide sewer improvements to the entire Historic Rogers Road neighborhood; secondly, this proposal will enable all of the partners, Orange County, the Town of Chapel Hill, and The Town of Carrboro, to equally share the costs of the Community Center and Sewer Improvements in proportion to their responsibilities. If either the Orange County Board of Commissioners or the Chapel Hill Town Council do not favor the original Sewer Concept Plan presented by the Neighborhood, the Sewer Concept Plan presented by OWASA in 2012 including only segments 5, 6, and 8 to serve 67 parcels at an estimated cost of$3.7 million should be funded. 4. That the county petition the Town of Chapel Hill to annex all County Owned Property in the Historic Rogers Road Neighborhood. 5. That the Task Force requests that the Managers explore the collaborative approach to the Historic Rogers Road Neighborhood as outlined in February 25, 2013 memo to Elected Officials and report back to the Task Force on August 21, 2013. 6. That the Managers meet and talk about the options related to connecting the residents of the Historic Rogers Road Neighborhood to sewer. 7. That funding is identified for the cost of connecting from the OWASA infrastructure to the homes in addition to applying for grants for low-to-moderate income persons. It is a priority of the Task Force to identify funding not only for the installation of sewer infrastructure but also cost of connections to homeowners and the Task Force recommends that the County and Towns set up a fund specifically for people in the Historic Rogers Road Neighborhood and to fund the cost of the connections from the home to the main line. Michael Talbert said it was very apparent to the task force that it does not do any good to put the infrastructure in the ground if the homeowners are unable to connect to it. The task force was adamant about being able to provide this connection. He reviewed some of the background information from the abstract and noted that bids for the authorized community center had come in well over the budgeted amount of$650,000. He said new designs were being considered and it is hoped that new bids will be taken in 4-6 weeks. He said the Town of Carrboro approved its intentions to move forward with not more than $900,000, half of which has been approved for fiscal year 2013/2014. Chair Jacobs asked if any of the task force members wanted to speak to this item. Alderman Slade said the task force has gotten very far considering the history of the injustice to the Rogers Road community. He said he is glad to see the process move forward. He understands that the County is engaged with an EPA situation. He said he has suggested for quite some time that the County use this process as an opportunity to engage with the EPA and ask them to drop the pending litigation. He said the litigation has served to mute a lot of discussion from the County. He understands that there can be no binding agreement in this situation, and he encourages the Board to move forward to make sure this can happen for the Rogers Road Community. Carrboro Alderman Michelle Johnson arrived at 7:14 pm. Chair Jacobs said the County attorney has sent a letter to the EPA. He said this letter can be emailed to the Board of Aldermen. Subsequently copies of the letter were made and distributed to those in attendance. Alderman Slade asked for an update regarding the Board's position relative to the task force recommendations. Chair Jacobs said the substance of the letter is that the community and municipalities have worked together to reach a place of agreement. He said it was noted that there has been no communication from the EPA in 3 months, and the request was that the EPA allow the Board to move forward with acceptance that an agreement has been reached. Orange County Staff Attorney James Bryan said the EPA has been contacted, and a report will come back to the Commissioners. Alderman Lydia Lavelle noted that the bid for the center came in over budget, and it is being re-bid. She asked for more information on this. Michael Talbert said the size and scope of the project has not changed; however the materials and some of the means of construction have changed. Alderman Lavelle asked if these changes will bring it closer to the budget amount. Michael Talbert said he is certain it will come much closer. Alderman Lavelle said she was part of the area that was annexed to Carrboro previously, and the price was $2000 for each sewer hook-up. She noted that Carrboro has already committed this amount to be paid for residents in their jurisdiction. Commissioner Rich asked how many homes are involved in the $2,000 per house hookup. Lydia Lavelle said the manager would have to be asked this question. She said her guess would be around 120. She said only a few of these are Rogers Road. Commissioner Price said she is optimistic that one of these plans can be chosen to get the sewer line in place. She said it is important to provide the hook up from the sewer line to the home, and the current estimates to the County are well over $2,000. She said most people will not be able to support this. She said her concern is how to make sure these lines are used once they are installed. Commissioner Dorosin stated he had a couple of suggestions regarding the letter sent to the EPA. He feels there is more that can be done. He said the letter concludes with three proposals to the EPA, and he reviewed these. Commissioner Dorosin said he feels it would be more helpful to encourage the EPA toward the second proposal of allowing this to move forward. He suggested the Board provide more detail about what the Task Force has done and the position of the County. He feels that it would be helpful to provide more specifics regarding the County's intentions if this complaint were resolved. He suggested that the Board move forward with discussing the two alternative plans, as well as the issue of not only putting infrastructure in the ground, but also connecting to people's homes. He said this discussion could be framed as being subject to the EPA complaint being resolved, which would prevent the plans from being binding in the event there is no resolution. Commissioner Dorosin referred back to his previous proposal for Rogers Road and suggested the qualifying language regarding the EPA could be added. He said that if the EPA decided that the County has violated the law, it is a requirement of the Title 6 administrative rules to attempt mediation. He said that this mediation can happen prior to the EPA finding, and this will help lift the dark cloud that has been cast over the progress already made. Commissioner McKee referred to the county attorney's letter and referenced the very last line of the second paragraph regarding the EPA allegation. He said the attorney stated that the allegation is "baseless." He noted that the County attorney is quite strong on denying this allegation. He is concerned that by negotiating the County will be effectively agreeing that these allegations are true. He said he is reluctant to have the Board admit to something the attorney says is false. He noted that the attorney does list three solutions: 1) to proceed quickly with the investigations; 2) To dismiss the complaint; and 3) to encourage the complainants to withdraw the petition to allow local government to move forward. He said the third item would solve the problem. Michael Talbert stated that the bottom of the second page has wording from the attorney that advises the Board of County Commissioners to suspend consideration of the extension of sewer lines for as long as the EPA investigation remains open. Chair Jacobs said he and Commissioner Dorosin have had discussions about this and the Board did not support Commissioner Dorosin's last motion largely because the attorney advised against it. He said this was not a matter of agreeing or disagreeing, but it was a choice not to take a position. He feels there has already been a process of conciliation, and conclusions have been reached. He said he would like to talk to the attorney about whether the Board could agree in principle with the findings of the report without agreeing to anything specific. He feels the Board does agree in principle, and the County is supportive; however the issue is crossing the EPA chasm. He said the Board can continue to talk, however he feels more information is needed from the attorneys. Alderman Slade said he was glad the staff attorney was here to provide clarification. He said his understanding was that the attorney was not advising the board not to discuss the plan. He said he does not believe that coming to an alternative plan and presenting it to the EPA would admit guilt if the plan was something the County was going to do anyway. He said he would like to know from the attorney to what degree the County can express its possible position. James Bryan said he would advise the Board not to take any position at this time. He said discussion is fine, however any vote would be considered action. Alderman Seils said he was confused. He said the Aldermen were told that there should be no binding action taken; however local governments should move forward to reach an agreement on the plan to extend sewer lines and should commit to the execution of this plan, subject to assurances of resolution with the EPA. He said this does not square with the line in the letter being referenced and the comments from the attorney today. He said he appreciates Commissioner McKee's comments regarding the position with the EPA; however he feels that the task force positions have not been made in a direct response to the EPA. He said these positions have been formed to address the needs of the community. Commissioner Price said she respects the attorney's advice; however she does not think any of the work of the task force is in response to the investigation. She is puzzled at why the Board needs to stop in their tracks. She said the longer the wait, the longer these people are without sewer. Commissioner Price said she has been involved in a situation like this before, and it was resolved in good faith. She said her main concern is that the community members will sit and wait for an indefinite amount of time. Commissioner Dorosin said he believes that it is appropriate to let the EPA know that the Board feels the allegations are baseless; however, in the interest of providing sewer to the community, the Board is also prepared to move forward with "A, B, and C." He questioned whether this might resolve the complaint. Commissioner Dorosin agreed with Chair Jacobs that the Board should work toward an agreement in principle. He feels the Board needs to discuss which of the two possible options it supports if the EPA issue is resolved, as well as if connections are to be made to the homes. He said that an impression has been given that his interest in providing fair treatment to these residents is not consistent with the obligations of being a County Commissioner. He said that the County attorney is his attorney also, however he does not agree with the advice. He said his main interest in resolving the big issue is in the context of a County Commissioner trying to serve the best interest of everyone in this County. Alderman Johnson said she was hopeful the County would get more clarification from the attorney. She said that it is possible to discuss this without taking action. She said that the residents of this community are present and watching this discussion but not believing anything will happen. She said she hopes this issue will be resolved. She said she sat on the task force and a lot of work was done. She hopes that the Board does want something to happen. She said she hopes that the Board gets a response from the EPA soon, and she likes Commissioner Dorosin's idea of sending a follow up letter outlining what the Board is willing to do. Alderman Gist asked if the value of the properties will be increased when sewer and water are hooked up, and if this will affect the tax rates. She does not want the residents to have an issue with surprise tax bills. Michael Talbert said the County would go through revaluation in 2017, and if the market values have come up then this would have an impact. Commissioner Rich said that roughly 30 homes have indicated interest in hooking up to sewer. She said that those homes will have an increase in value, but so will the neighbors who choose not to hook up. Alderman Gist said she is saying this as a neutral point, but to clarify this as a consequence of this action. Commissioner McKee said none of his comments are intended to question anyone's motives. He said all three of the boards are in different positions. He said that Orange County is the only one being investigated. He said the Board did not have a clue until well into the discussion of this community center about this investigation. Commissioner McKee said his opinion is that the possibilities need to still be discussed, but he cannot go against the strong opinion of the County attorney. Chair Jacobs said he is speaking for a majority of the Board of County Commissioners. He said it bothers the Board that the EPA claim is delaying this action and the Board is not delaying this willingly or happily. He said the County has acted on the attorney's advice. He said it is not fair to question whether the County can be believed. He said the County has done more to address Rogers Road issues than any local government. He noted that the County spent $200,000 to put in a water line, as well as a no fault well fund. He said the County has committed $650,000 to build the Community Center. Chair Jacobs said no one should say that the County cannot be trusted. He said Orange County is committed and wants this to work. He said the Board represents the whole County and does not want to open the County to liabilities that the Attorney has warned against. Chair Jacobs said the Board can continue to talk to the County attorney on point A and point B, while continuing to look for ways to move forward. Commissioner Rich asked Commissioner Dorosin if he represents RENA in this investigation. She asked if he has divorced himself from this investigation to let others in his office represent RENA. Commissioner Dorosin said he does not represent RENA. Commissioner Rich said Commissioner Dorosin is the person who runs the office and he is in the same office with the attorneys representing RENA. She asked why he doesn't have the attorneys in his office write a letter to the EPA to withdraw the investigation so the Board can move forward. Commissioner Dorosin said he withdrew from representation of RENA, and pursuant to State Bar rules he is screened from that case. He does not consult with the attorneys on this case because of the perceived conflicts of interest. He said he has personally recused himself from attorney client discussions with the County attorney due to his past representation with RENA. He said he has no more authority than the other Board members. Commissioner Dorosin said he does not appreciate the implication that he is working both sides of the fence. Commissioner Rich said if the Board is asking the County attorney to provide more information in order to bring this to an end, then the other side should do the same if things are moving in the right direction. Commissioner Price said the property values will go up; however the residents she has talked with realize this, and it does not change their desire to have sewer. Alderman Gist said she wanted to make sure people are not blind-sided. Commissioner Price said one of the points of the task force's charge is to look at gentrification, and this has not yet been done satisfactorily. She said this is an ongoing goal of staff. Alderman Lavelle summarized several points. She said she does think the County has done a lot to move this forward, and the Board of Alderman has done many things for the neighborhood. She said the Board of Aldermen support the greater plan and she wants the Board to know that Carrboro is offering support. She said the Task Force has looked closely at the Community Center as the figures are based on those preliminary numbers. She said she understands the complexity of the attorney client situation. She said if any of the actions in the letter are taken soon, she hopes it will move things forward. She said she is hopeful that this EPA issue will be dismissed. She said the other key is to see where Chapel Hill stands with all of this. Alderman Slade said he would like to thank the county for moving forward with the community center. He encouraged the Board not to passively accept the attorney's feedback but to be active in pursuing what can be done. He said it is now clear that the discussions can go forward. He said he hopes more members of the commission can approach the UNC law center to ask for help. He feels that there needs to be more push on having a discussion with the EPA to expedite this process. Chair Jacobs expressed appreciation for the commitments that Carrboro has made. He told Michael Talbert that it would be desirable to have the new plans from the architect back before the Board adjourns for a break in 8 weeks. Michael Talbert said Chapel Hill has to review the revised plans before bidding can begin. 2. Chapel Hill ETJ Expansion Process Craig Benedict said the Chapel Hill Council recommended, in June, proceeding with a process to expand their extra-territorial jurisdiction (ETJ), to include Rogers Road and other areas. He said the Board responded on September 5 to encourage the Council to proceed with this process. He reviewed the timeline, as outlined in the abstract. He said Chapel Hill will be proceeding with decisions in January of 2014, as well as rezoning properties in that area. He said that this will not be problematic, as zoning was assigned as part of the joint planning area. He said it is likely that much of the zoning will remain the same. He said, once these determinations are made, this item will be forwarded to the Board for action. He said if things go as planned, determinations to effectuate the expansion could be made by March or April of next year. Chair Jacobs noted that there is an assembly of governments meeting next month, and this could be added to the agenda. He said there will be more clarity after Chapel Hill's hearing next week. Alderman Gist said she would like to know what would happen if ETJ's are lost, which could happen the next time the General Assembly meets. She said this may have to be dealt with in the next year. Commissioner Gordon said she has asked for information concerning the effect of this action on the joint planning agreement. She said the Commissioners had the intention of getting this information, as it is bound to have some effect. She said she does plan to pursue this question. Commissioner Dorosin said he understands the changes in annexation laws to mean that being in an ETJ does not make the community more susceptible to being annexed. He asked Craig Benedict to clarify this. Craig Benedict said there are different laws associated with being in the ETJ; however there is not much difference or propensity for annexation. He said the comments regarding legislation for ETJ are linked to changes in annexation laws. He said this has been such a fluid issue that the answer may not hold very long though. Alderman Slade said the ETJ expansion may include people who would object to being included. He asked how this would affect the process and timing. He noted that part of the objective of this expansion is to help with funding of the Rogers Road community. Craig Benedict said the notices that were sent out included a larger area. He said this issue would have to be addressed by the Chapel Hill attorney. Chair Jacobs said this question could be addressed at the Assembly of Governments meeting. He noted that it may be more prudent to ask people to request being annexed, since the government typically does not support annexations that are not voluntary. 3. Southern Branch Library Siting Criteria, Process Update Michael Talbert said he, Lucinda Munger and Michael Harvey have been working on this. Lucinda Munger said things have come a long way. She introduced Michael Harvey. Michael Harvey said the Board has put forth three sites for continuing study. He listed the following three sites being considered: 1. 1128 Hillsborough Road, commonly referred to as the Shetley property 2. 401 Fidelity Street commonly referred to as the Town of Carrboro cemetery property. 3. 120 Brewer Lane, commonly referred to as the Butler property. Michael Harvey reviewed the background information from the abstract and said more information is being gathered for each of these three properties. He noted the resolution of support from the Carrboro Board of Aldermen indicating their preference for the Brewer Lane property. He said information is being collected for the zoning and permitting processes on all three properties in preparation for initiation of due diligence research. Chair Jacobs said the Board heard when people expressed dislike for the process when another property was considered for a library. He said the process has been rebooted to make it more open and to incorporate Carrboro. He said part of this process is to consider multiple sites in a public setting and to do things in a way that will make everyone proud. Alderman Gist said the Aldermen were in a meeting the other day about the library site and she wanted to express the reasons for support of the Brewer Lane site. She noted that the site is located in a low income area, and children would be able to walk to the library. She said this is also a convenient location to allow University Students to come and use meeting rooms to work with those children in closing the digital divide. She said the other argument for Brewer Lane is the benefit to economic development. She noted that there was an issue regarding signage. She said there are amenities allowed for new buildings and there could be a public art sign allowed on the side of the building. Alderman Haven-O'Donnell noted the proximity to the new Northside School and the benefit in being able to undergird the Cybrary programs for children in lower income neighborhoods in and around Brewer Lane. She noted the accessibility to the parking deck and the proximity to downtown Carrboro's network of transit options. She feels this allows Brewer Lane to meet more needs for more people. Alderman Slade said Carrboro's fiber optic backbone could be connected to the library, providing an added benefit. He said his concern with the Shetley property is the community garden, which would have to be moved. Commissioner Rich said the Board did discuss the economic advantage to the Brewer Lane site. She said that this is a perfect spot for fitting in with downtown Carrboro. She said this is a booming area, and the rezoning was well done. She said she is in favor of Brewer Lane, and the other options did not feel right. Commissioner Price said she had an opportunity to see the site, and if Carrboro is happy, she is happy. She said the developers are ready and this would help move the project along. She said her only concern is the traffic and pedestrian safety. Alderman Lavelle said that there is an area that allows people to go in from the back. She said the current parking deck and the intersection with Merritt and Brewer are in the plan to be reconfigured. She said this is being done to improve walking, biking and driving in that area. Alderman Seils said there are some improvements in progress. He agreed with Commissioner Price that the interface with Rosemary does need to be discussed. Alderman Slade said this would be one of the few libraries that will have a frontage to a bike lane. He noted that Merritt Mill comes from 54 and goes directly to that parking deck. Commissioner McKee said his initial reluctance was related to the parking deck. He noted the recent difficulties with the main library in Hillsborough and the use of a privately owned deck. He said the points brought up tonight are valid, and he is more inclined to support Brewer Lane if an agreement can be made with the private developer to guarantee access to the parking spaces. He asked if this has been discussed with the developer. He agreed that the pedestrian and bus routes are important, but many patrons will come from other areas of the County by car. He said it is critical that this be accommodated. Michael Harvey said the developer is very sensitive to the County's needs and is balancing these needs with her permit compliance as well as her other tenants. He said there is a cooperative and open relationship with the developer, who wants to encourage the development of this library. He said more specific information will be provided moving forward. Commissioner McKee said he wants to make sure all the answers are gathered. Michael Harvey said there was a long discussion with the developer regarding the experience in Hillsborough, and she promised this situation would not be repeated. Commissioner McKee said if this can be addressed, he has no problem with Brewer Lane. Commissioner Gordon said she just wanted to emphasize the importance of the parking accessibility for users of the library. She said she understands the reasons why Carrboro is in favor of Brewer Lane. She said there were some questions about the Shetley property that needed to be answered. She said if there is no intent or interest on the Carrboro Board to swap the properties on Hillsborough Road so that the library can be sited on the town property, then maybe the evaluation money could be saved by not evaluating that site. She asked that this be considered. Alderman Haven-O'Donnell agreed with Commissioner Gordon and thanked her for this assertion. She said that the use of the parking deck with the library was part of the discussion with the developer in the spring, and knowing this was part of the plan made the board feel very comfortable. She said that the board has affirmed their position regarding Brewer Lane and if the Board is like-minded, she agrees with Commissioner Gordon that the money for information on the Shetley property does not need to be spent. Commissioner Pelissier said she supports Brewer Lane. She echoed the concerns with parking and said that four of the Board members have been through the negative experience with Hillsborough. She said that many people have asked why Orange County would build another library only 3 miles from the Chapel Hill Library. She said a library system is meant to be built with complementary services that do not duplicate each other. She asked Lucinda Munger to explain some of the unique services that could be done at this branch. Lucinda Munger said this library is designed to serve the adjoining area. She said this could include services for children and families from low income areas. She said that future focus groups and public hearings will shape the scope and types of the services provided. She said there is a digital and literary divide, and there is a need to raise grade level reading scores. She said there is also the possibility of a future partnership with the proposed art center, as well as provision of an incubator space for local entrepreneurs. Lucinda Munger said, once phase one is over, the task force can begin to think about the services that would best fit this area. She said it is not necessary to re-create the Chapel Hill or Hillsborough Library. She said she does not do cookie cutter libraries, as this is not a wise use of taxpayer dollars. She looks forward to those conversations. Alderman Lavelle said the Butler site has great support, and she would like to suggest that the other properties simply be kept in the back pocket while this property is pursued. She suggested the Board move forward with the Brewer property as it has such great support. Commissioner Gordon said the Skills Development Center does have computers and access for people looking for jobs. She suggested this be considered as coordination of facilities is discussed. Lucinda Munger said the topic of how libraries could assist with economic and work force development was discussed at a recent conference she attended. She agreed with the idea of partnering with the Skills Development Center. Chair Jacobs said, while it is clear to him that a majority of the Board is in favor of the Brewer Lane site, the Board needs to engage the public before picking a site. He said the Board made a pledge to do this right the second time. He said part of the criticism of putting a library in Carrboro, so close to the other branch library, is countered by the fact that the Board is being urged to spend considerable money to support the Chapel Hill library because of high use by Carrboro residents. He said that there is an agreement to re-examine this financial support once there is a branch library in Carrboro. He said this is a large chunk of money and it grows every year. Chair Jacobs said there are currently two libraries in Carrboro: McDougle and the Cybrary. He said that Carrboro has been a financial partner for the Cybrary from the beginning. He urged Carrboro to consider being a financial partner for the proposed branch library. 4. Update on Roberson Street/Main Street Sewer Line Replacement Project Michael Talbert reviewed the background information from the abstract. He noted that the estimates for this project have come in significantly higher than predicted. He said the County's total participation was originally $40,000; with the increase, this number would not exceed $80,000. He said this additional $40,000 is part of the County's economic development incentive and the article 46 sales tax. Chair Jacobs asked if this will this go on an agenda Michael Talbert said an agreement or amendment at this level can be approved by the manager. Commissioner McKee said the County needs to support existing business. He said he supported the sales tax to make sure that small businesses could receive this support. Commissioner Rich asked if there are any other changes anticipated. Michael Talbert said he understands this to be the end of changes. Carrboro Town Manager David Andrews said the higher bids were rejected, and there is work being done to get the number down. He said he anticipates this will not exceed $80,000. He said the Town appreciates the Orange County partnership. Commissioner Rich asked for the anticipated completion date of the project. George Seiz said bids will be opened on November 14 and presented to the board on November 26. He said contracts would be allowed in January, and construction was estimated at 90 days. Chair Jacobs said this is an appropriate use of the quarter cent sales tax. He said the direction from the Board is to keep going. 5. Update on Development Adjoining Twin Creeks Park Carrboro Planning Director Trish McGuire reviewed the background information from the abstract. She said the site is under construction, though there were some extensions and delays associated with economic conditions. She said the phasing plan was modified, and one of the plans was modified to increase residential density and include a small commercial component. She said a conditional use permit modification is needed to approve a site plan that conforms to the permitted zoning. She said there is a permit condition that requires the property owner to provide a bond in conjunction with one of the street extensions on the eastern boundary line on Jones Creek. She said this condition requires the developer to put up a bond for their share of the transportation improvement and bridge. She said the stream crossing needs a permit from the Army Corp of Engineers, and the town is the most appropriate body to pursue that permit. She said steps have been taken to prepare for this application. She said the permit kicks in when the final plat is signed, and the developer would be obligated for 10 years to hold that bond. Commissioner Gordon referred to the map on the last page of the package. She asked for identification of the 4 phases and the eastern terminus of Street A. Trish McGuire identified the street locations on the map. Commissioner Gordon asked for clarification of the road being constructed with the bond. She asked if this intersects on North/South Road. Trish McGuire said the location is to the east of that. Commissioner Gordon asked for identification of phase 3. Trish McGuire identified the areas on the phasing map. Commissioner Rich asked for the location of the mixed use portion. Trish McGuire said this is indicated by the cross hatched areas of the map. She said there is a limitation on how much area can be used for commercial. Commissioner Gordon asked for the location of the 52-acres. Trish McGuire said this is marked as the brighter areas of the map. Alderman Lavelle said this was an update from last year, and she asked for questions or comment. Commissioner Gordon asked about the possibility of Street A serving both the development and the park, and she noted the possibility of the County having money to put into this. Dave Stancil said phase one of the park has been completed. He said road A does dip down at Old 86 for site distance reasons and it otherwise parallels an old farm road. He said this road has been planned as the main way into the property since the master plan was adopted in 2005. He said the Board did approve $600,000 in the capital budget for a road cost share agreement. He said those funds could go to funding of this road, however a road analysis has been recommended. He said a road cost share agreement has not been attempted yet, since the road is not yet defined. He said the remaining funds for the Twins Creek Park go beyond the five year window of the CIP. He said this is a multi-million dollar district park for the entirety of the Chapel Hill Township. Commissioner Gordon said he might want to address the possible continuation of the greenway south. She said this would be in Carrboro's district. She asked about the status of this. Trish McGuire said the funding in 2009 gave a jumpstart to the Jones Creek Greenway. She said this allowed the construction of the red line on the map. She said there is one pot of money for the segments to the south. She said there is a grant for a portion of the greenway. She said the thinking was that this would provide a connection down to Lake Hogan Farms road. She said there is an on road linkage from Jones Creek Greenway to lots of residences. Alderman Lavelle asked Trish McGuire to show the location of the Ballentine neighborhood. Trish McGuire noted this location on the map. Commissioner Gordon said it looks like it would not take too much to get to the roadway. She said she would encourage this access. Dave Stancil said MI homes did allow access to the trail so people can use the greenway. Commissioner Gordon said that is very exciting and she would encourage them to continue the greenway south to the road. Chair Jacobs said when the park was first planned, it had a greenway. He said parents were opposed to this, so it was removed from the map. He said another group came forward a couple of years later asking for a greenway. He said he feels this space is now very well received. Addition to the agenda: A motion was made by Commissioner McKee, seconded by Commissioner Rich to approve the November 5th meeting location change from the DSS offices at Hillsborough Commons to the Central Orange Senior Center in Hillsborough. VOTE: UNANIMOUS With no further business to discuss, the meeting adjourned at 9:05 pm. Barry Jacobs, Chair David Hunt Deputy Clerk