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HomeMy WebLinkAboutMinutes 11-21-2013 APPROVED 2/4/2014 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL HILLSBOROUGH BOARD OF COMMISSIONERS CARRBORO BOARD OF ALDERMEN November 21, 2013 ASSEMBLY OF GOVERNMENTS The Orange County Board of Commissioners met with the Towns of Chapel Hill, Carrboro and Hillsborough for an Assembly of Governments meeting on Thursday, November 21, 2013 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill. N.C. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Mark Dorosin, Alice M. Gordon, Earl McKee, Bernadette Pelissier, Renee Price, and Penny Rich. COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT: Interim County Manager Michael Talbert, Assistant County Managers Cheryl Young and Clarence Grier, and Clerk to the Board Donna Baker (All other staff members will be identified appropriately below) CHAPEL HILL TOWN COUNCIL MEMBERS/STAFF PRESENT: Mayor Mark Kleinschmidt, Ed Harrison, Jim Ward, Lee Storrow, Matt Czajkowski, Lauren Easthom and Town Manager Roger Stancil CHAPEL HILLTOWN COUNCIL MEMBERS ABSENT: Gene Pease, Donna Bell CARRBORO BOARD OF ALDERMEN MEMBERS PRESENT/STAFF: Mayor Chilton, Pro Tern Lydia Lavelle, Aldermen Damien Seils, Michelle Johnson, Jacquelyn Gist, and Town Manager David Andrews. CARRBORO BOARD OF ALDERMEN MEMBERS ABSENT: Randee Haven O'Donnell and Sammy Slade TOWN OF HILLSBOROUGH COMMISSIONERS/STAFF: Mayor Tom Stevens, Town Commissioner Eric Hallman, and Town Manager Eric Peterson TOWN OF HILLSBOROUGH COMMISSIONERS ABSENT: Frances Dancy, Michael Gering, Brian Lowen and Evelyn Lloyd Welcome, Call to Order and Opening Comments (BOCC Chair and Mayors) Chair Jacobs called the meeting to order. Mayor Kleinschmidt congratulated all of the election winners. He noted that Mark Chilton had not arrived yet; however he expressed thanks for Mayor Chilton's years of public service. Mayor Stevens recognized those who were newly elected, as well as Frances Dancy and Mike Gering, who are retiring from his Board. Chair Jacobs explained that he and the Mayors structured the meeting so that those items affecting all of the municipalities were placed earlier in the agenda. Chair Jacobs congratulated Dean Smith for his receipt of the Presidential Medal of Honor. Chair Jacobs walked everyone through the following items at their places: - Letter from UNC Center for Civil Rights, regarding RENA, Title 6 complaint - Changes in language from Town of Chapel Hill, regarding Item 2 - Green and Blue Sheets, regarding Item 4 - PowerPoint -Agricultural Support Enterprises in the rural buffer Mayor Kleinschmidt thanked Lauren Easthom and Gene Pease, who are retiring from his council. Alderman Gist said that Alderman Haven-O'Donnell would not be able attend, due to illness. 1. Affordable Housing Updates (Tara Fikes and Towns) Tara Fikes said affordable housing is still a pressing issue for the Towns and the County. She noted that there are several attachments included in the abstract to assist in providing an update. She referred to the list of County initiatives and highlighted the following item, from page 2 of the abstract: • Together, the Advisory Board and the Center for Homeownership and Economic Development Corporation continue to refine a proposal to create an Affordable Housing Clearinghouse to be known as the Orange County Clearinghouse Network. This network would create a housing referral network countywide for individuals seeking affordable housing information and opportunity. Attachment I provides a brief overview of the proposed Clearinghouse. Tara Fikes said this network will provide information to the public regarding available housing for both rental and ownership. She said the clearinghouse will also provide information about local affordable housing programs throughout the County, as well as federal and state housing programs. She said additional resources will be provided; including homebuyer education; financial literacy and money management; foreclosure prevention counseling; and homeless resources. She said this network is slated to operate from the Center for Home Ownership and Economic Development in Hillsborough. She said the goal is to have a dedicated phone line for information, and to implement these ideas by July 2014. Michelle Johnson arrived at 7:12 pm. Lauren Clark, Assistant Planning Director for Chapel Hill, said the Town has three key strategies. She reviewed the following information on these strategies, from page 2 of the abstract: Affordable Housing Strategy On June 13, 2011, the Town approved an Affordable Housing Strategy that provides a framework for consideration of affordable housing issues in Chapel Hill. A copy of the Strategy is attached as Attachment 11. Lauren Clark said the above strategy was developed through significant partnership and outreach. She said staff met with over 400 members of the community who represent different affordable housing interests. She said the actual strategy was developed with an advisory board appointed by the Mayor, and efforts are now being made to develop performance measures to determine success. Lauren Clark reviewed the following strategies from pages 2 and 3 of the abstract: Mayor's Committee on Affordable Rental Housing Additionally, in May 2013, Chapel Hill Mayor Mark Kleinschmidt established a Committee on Affordable Rental Housing with the following charge. • Use research and data available and the expertise of the Committee to develop for Town Council consideration, short, medium and long term options, consistent with the Affordable Housing Strategy and the Chapel Hill 2020 comprehensive plan, that meet the community's affordable rental housing needs that the Council could apply to development applications that propose rental housing; and • Foster collaborative conversations among the Town, the private sector, and other community stakeholders to explore possible partnerships and financial resources to increase the availability of affordable rental housing in Chapel Hill. The Committee, led by Council members Sally Greene and Donna Bell presented the Committee's recommendations to the Council on October 15, 2013. The recommendations are included in this abstract as Attachment III. There are plans for further consideration of Committee's recommendations by the Chapel Hill Town Council in early 2014. Proposed Affordable Housing Development Recently, DHIC, a Raleigh non-profit housing developer has proposed developing up to 80 family apartments and up to 60 senior apartments on 10 acres of Town-owned land adjacent to the Chapel Hill Memorial Cemetery. Current funding plans include applying for Low Income Housing Tax Credits from the NC Housing Finance Agency to keep the project affordable. The preliminary application for this funding would be due in mid- January 2014. Lauren Clark said this type of tax credit project was the top priority of the Mayor's Committee on Affordable Rental Housing, and this was their top recommendation. III. Town of Carrboro Trish McGuire, Planning Director for the Town of Carrboro, reviewed the following information from page 3 of the abstract: The Carrboro Board of Aldermen established an Affordable Housing Task Force in 2012. Three members of the Board of Aldermen were selected to serve: Dan Coleman, Michelle Johnson, and Sammy Slade. The purpose of the task force was to evaluate how/whether the Town's affordable housing density bonus provisions should be restructured and an initial report was presented on December 4, 2012. (See Attachment IV.) Following Alderman Coleman's resignation in December 2012, Alderman Lavelle joined the task force, as did representatives of the Planning Board and Transportation Advisory Board. Additionally, in the Fall of 2012, the Carrboro Planning Board held three Affordable Housing Dialogues to discuss affordable housing issues with the general public. The task force reported to the Board of Aldermen again in June 2013 on next steps related to a comprehensive housing policy. A report from those sessions is provided at Attachment V. Trish McGuire said staff has also been working with a class from UNC, who provided some analysis of affordable housing and transportation. IV. Town of Hillsborough Mayor Stevens said there are two affordable housing projects underway in the Town of Hillsborough, as described in the Memorandum included as Attachment VI. He said one of these projects is a 233 unit development that will provide, for the first time, payment in lieu of developing affordable housing. He said the other project is a planned affordable townhome development in the Waterstone Community. Mayor Chilton arrived at 7:19pm. Alderman Lavelle asked Tara Fikes if it was possible to identify the projects in the clearinghouse network that accept section 8 vouchers. Council Member Harrison said one of the mid-range strategies identified by the affordable housing committee was land banking for future affordable housing units. He said one struggle is that land is expensive in the southern part of the County. He said he was at a recent meeting of the planning committee for the North Carolina League of Municipalities (NCLM), regarding land banking, where it was pointed out that counties have a key role in identifying foreclosed properties. He said his understanding is that the Town is developing a good working relationship with the County appraiser. He said more help is always better in the effort at land banking. Alderman Gist said she wanted to make sure the other boards were aware of a negative experience the Town of Carrboro had with using the low income tax credit for affordable housing. She said the Town approved a developer using these credits instead of the Home Trust, and it has now come back to bite them. She said the HOA fees are going up beyond what the owners can afford, and there is no backup organization like there would be with the Home Trust. She said there are also issues with the maintenance of the properties, since the residents own them. Council Member Ward asked if anything was already in place to institutionalize quarterly or regular meetings of the various municipal and county efforts. He said is important to make sure efforts are not being done in individual silos, and that opportunities are taken to identify successful ways to work together. Tara Fikes said there is currently no structure for that type of collaboration; however it is obvious that there is a need for this. She said there is a need to develop a coordinated affordable housing plan in 2014, and said staff recognizes that there is an opportunity for sharing. Commissioner Dorosin said that much of the current process is about creating new affordable housing. He does not feel that enough attention is paid to the support of existing affordable housing owners in the community. He referred to the earlier suggestion regarding foreclosed properties, and said he is wary of preying on people who are going through foreclosures. He would like to see efforts aimed at supporting existing homeowners, whether through property tax subsidy, credit, or some other type of support. He feels that more direct subsidy programs should be considered. He suggested the creation of a section 8 program that could combine vouchers or incentive programs. He said this is not to take away from the emphasis on creating new affordable housing, but the issue needs to be looked at from both ends. Council Member Harrison said one of Jackson Center's major goals is the protection of existing, long time home owners. Commissioner Pelissier said everyone has an interest in affordable housing. She suggested the pursuit of something modeled after the Partnership to End Homelessness group. She said this could include the municipalities, the County, and people from the non- profit sector. She said it seems that every one is creating a board to address affordable housing, but this is not the best way to go forward. She suggested that the managers get together to create a model for all of the boards to work together. Chair Jacobs said he agrees with this, because there is a large amount of overlap in these affordable housing reports. He discussed the idea of mobile homes as affordable housing units in the municipalities, and he said this requires the County to work with the municipalities. Chair Jacobs said he is not advocating anything in particular, but the County is going to be discussing bond issues in 2015. He questioned whether there should not be a coordinated plan for the entire County, heading into a bond plan. Council Member Greene agreed that it sounds like a promising plan to create a nucleus, and avoid duplication of efforts. Alderman Gist said if a program was started to buy foreclosed houses, she would suggest that these properties be bought and then sold back to the owner. Mayor Kleinschmidt said foreclosures occur for different reasons. He said one of the challenges is that homeowners in this degree of distress are often preyed on by others. He said this often removes the unit from affordability status, and it becomes an investment property. He said the goal is not to be involved in the hunt, but there is a role for government to play in helping to preserve the stock of affordable inventory. Mayor Kleinschmidt said the institutions are another group to remember. He said the mention of the Jackson Center invokes the important role the University is playing in the process to help mitigate the challenges and provide solutions in neighborhoods around UNC. He said there is recognition that there is a role to play in creating a solution. Council Member Greene said creating a group similar to the Partnership to End Homelessness could help formalize that sort of collaborative thinking. She heard about a mobile home property bought by Habitat for Humanity. She said Habitat rebuilt the community and then moved the original residents back in to the neighborhood. Chair Jacobs said he is hearing the suggestion that the managers to get together to recommend a way to move forward jointly. Mayor Chilton said, last week, the Board of Aldermen meeting recognized town staff that responded to the flooding this past summer. He expressed thanks to all of those who responded to the various emergency issues. He said he wished to particularly recognize the Orange County Housing Department, who mobilized all of their resources to deal with dislocated families. He expressed appreciation for the leadership of Tara Fikes and staff. Tara Fikes said this was a joint effort with the Department of Social Services (DSS). Chair Jacobs said page 32 contains a draft agreement with the Community Home Trust (CHT). He introduced Robert Dowling from CHT. Robert Dowling said he is here to ask the Assembly of Governments to approve an interlocal agreement between all four governments and CHT. He asked that a working group be named, with a representative from each government, to work with the board and staff of CHT. He said this board could take the draft and push it further. He said CHT works for all of the governments. He said CHT is a creature of local government, and came from a County task force in the 80s. He said the goal was to figure out how to keep affordable housing affordable. He gave a brief background of the trust. He said the organization moved forward very quickly, and though it is small, it has a lot on its plate. Robert Dowling said he is overly prone to pointing out challenges and less prone to point out successes. He said he would like to go on record as saying this is a huge success, and it could not have happened without support. Chair Jacobs suggested having the managers discuss this proposal, confer with the attorneys, and bring back a list of recommendations. 2. Solid Waste Updates Regarding Future Recycling/Waste Reduction Initiatives Gayle Wilson said there have been efforts to increase emergency preparedness by adding two new storm debris management sites. He said the landfill property was historically the only site approved for storm debris management. He said the two new sites are located on Mincey Road near Highway 57, as well as a location on Millhouse Road, near the future Millhouse Road Park. He said these sites are temporary and are only utilized in a declared storm event. He said these sites have capacity for Town use. He said Orange County has also executed contracts for the collection and processing for some quantities of storm debris. Gayle Wilson said the Board of Commissioners has planned a total modernization and reconstruction of the Solid Waste Convenience Center (SWCC) on Eubanks Road. He said the site is planned to be larger, with more recycling opportunities. He said compacters will be installed for efficient hauling; there will be paved surfaces for a more sanitary facilities; and there will be expanded recycling to include cooking oil, food waste, textiles and plastic film. He said the hazardous waste facility will be moved and incorporated into the SWCC. He said the landfill scales will be moved from the south side of the road to the north side to eliminate large trucks crossing the road. Gayle Wilson said there was a meeting last week with the town of Chapel Hill. He does not know when the construction will begin, but he believes the current users will be pleased with the new facility, despite the disruption of 3 or 4 months of construction. He said a new Interlocal Agreement for Solid Waste management needs to be in place before July 1, 2014. He said Town and County staff drafted an outline last year, with the objective of building the framework for future discussions. He said this outline has been shared with all of the Town staff. He said it would be helpful to staff if elected officials could agree on a process to move the outline forward to a formal agreement that can ultimately be adopted by all parties. Gayle Wilson said, after further guidance, staff will attempt to further refine and develop the current draft outline. He said the attorneys and elected officials will have to be involved at some point. He gave an update on Roll Carts for the curbside program. He said staff is ready to move forward with these for both urban and rural programs, but these cannot be implemented simultaneously. He said the urban program will be addressed first. He said the weekly urban curbside program is operated by private contractors administered by the County. He said collected materials are delivered to the Eubanks Road recycling processing center and then hauled to market. He said 10-20 gallon bins have been used since the program was initiated 25 years ago, and the program was previously funded by an annual urban 3-R fee of$52 per year. He said the every other week rural curbside program is operated by County staff and equipment, using the same bins. He said this service was previously funded by rural 3-R fee of$38 per year. Gayle Wilson said the multi-family program is operated with County staff and equipment using roll carts. He said roll carts have been used since conception and no additional carts are contemplated moving forward. He said this was previously funded using 3- R fees of$19 per year per unit. Gayle Wilson said if the County and towns agree, staff can proceed with the purchase of these roll carts and implement the program by July 1, 2014. He said the Towns have applied for a state roll cart grant that would total up to $214,000 to supplement the urban program roll cart acquisition cost of$1,043,000. Michael Talbert said the Towns and County, at staff level, are ready to move forward with the roll cart program and a long term partnership. He reviewed the information in their packets. He said the draft local agreement letter of intent is included and has been revised and updated. He said the County is interested in a long term relationship and continuing the long and successful partnership to move forward with recycling and waste reduction. Michael Talbert said the County is already in the process of doing a Request for Proposals (RFP) for weekly and every other week collection. He said the County is also assisting the Towns with applications for roll cart grants. He said the plan is to proceed with an interim agreement to purchase the roll carts, and move forward as soon as possible. He said the final step is to authorize the County and Town managers to move forward in good faith to finalize the new comprehensive interlocal agreement. He noted that the last agreement expired on June 30, 2013 when the landfill closed. Michael Talbert said the goal is a long term agreement of 5 years or more, with set fees and multipliers to allow a known quantity, with the possibility of inflation of fuel charges built in. He said performance measures would also be included. He said the purpose of the letter of intent is to avoid losing time when the boards take a break in mid-December. Commissioner McKee said the upgrades at the Walnut Grove Convenience Center have made it much more efficient, and it would be worth a look if anyone has questions about the upgrades. He said there were initially questions about the wisdom of the money spent on the Walnut Grove upgrades, but it is much more functional now. He said he is convinced that recycling and solid waste can be done more efficiently when done together rather than individually. He would like to see a unified system for the residents. Council Member Ward said he would be interested in knowing the details about the participation of town governments in the decision making. Michael Talbert said that was an initiative put in by the Towns, so he is not quite sure. He said the County staff is willing to share in the management. He said there is an RFID chip in the carts that will provide data about usage, and this information will be shared with the Towns and the County. He believes this should be a collaborative process between the Towns and the County. Roger Stancil said efforts have been made to encourage collaboration. He said this has been more of a County operated system in the past, and the towns were more of a customer. He said the Towns, the solid waste staff, and the managers have something to contribute to how the recycling program operates. He said the formalization of this collaboration will maximize the benefit of having a joint program. Council Member Ward said the model used for the Chapel Hill transportation partnership might work for this process. He said many different organizations make decisions in a very collegial partnership manner. He said the decisions are made after everyone has discussed them, and this has been a tremendously successful group. Mayor Chilton said the Board of Aldermen discussed two of these issues the other night, and the decision was made to move forward with the roll carts. He questioned whether or not Chapel Hill is also participating. Mayor Kleinschmidt said the Town of Chapel Hill is seeking a grant to purchase roll carts, but the council has not decided about the partnership. Mayor Chilton asked why roll carts would be purchased if this has not been decided. Mayor Kleinschmidt said the roll carts would need to be purchased one way or the other. Mayor Chilton asked if there was any clarity about Chapel Hill's participation in the County's urban curbside program. Mayor Kleinschmidt said this decision is not clear yet for the town of Chapel Hill. He said the council was able to discuss this in a work session prior to the receipt of responses to council questions and comparisons of private contractors and the County. He said the council is being convened tonight with this report in front of them for the first time. He said there is one more meeting between now and the end of the year, and he understands the urgency to provide information by the end of the year. Mayor Chilton said he has not looked at the numbers from other contractors, but he would like to point out that Orange County was the first County to achieve, in a meaningful way, the state's solid waste reduction goals through recycling. He said the County has set and achieved the most aggressive target of any County in North Carolina. He said people visit from all over the world to see the County's solid waste management system. He would hope that the numbers would have to be extremely compelling in order for the Chapel Hill Town Council to walk away from the state's most successful solid waste management system. He realizes it is not impossible to work together even if Chapel Hill has a separate contract for curbside collection; but the program has gotten this far together, and he feels the Towns and County should move forward together to take it to the next level. Mayor Kleinschmidt said he does not want there to be any perception of a lack of appreciation for the success that has been achieved over the last few decades. He said this achievement is understood by every member of the council, and this will inform whatever decision is made. Mayor Kleinschmidt said he does want to note that the solid waste system that exists today is not the same system that existed two years ago. He said there is no longer a landfill in Orange County, and waste is being shipped elsewhere. He said the curbside recycling is contracted by Orange County to operate in the Town limits. He said these are different parts than existed two years again, and he thinks it is not unwise to reflect on how the Town might use these parts to best achieve the goals of the citizens. He said he understands the urgency, and he anticipates a decision very soon; however he is not going to get ahead of his council on what that decision will be. Council Member Ward said he does not understand the urgency yet. He hears the words, but he has also heard that the end of the year timeline is not the only time frame by which this can be done. He would like to understand more about the current timeline, as well as the best alternatives should that deadline not be met. He has heard that this roll cart system could be rolled out just as easily in September of 2014, which would allow 2 more months for a decision. Michael Talbert said this could be done in September. He said there have been some changes, as mentioned by Mayor Kleinschmidt; however, the rural and curbside recycling has continued to operate at the pleasure of the Board of Commissioners through the use of reserves in the solid waste fund. He said this has been very seamless for the Towns and the rural areas. He said staff has moved forward with a single stream, and the system continues to use the smaller 18 gallon containers to do this. He said this is not as efficient or as easy as it would be with the larger roll carts. He said this could be delayed; however the consideration is the feasibility of levying the fees as part of the budget for next year. He said this fee would be effective as of July 1. He said the goal is to deliver, as a show of good faith, on July 1, a new and upgraded service to the citizens paying that fee. He said the goal is to improve the system, increase the recycling capacity and achieve the goal of 61 percent. Roger Stancil said the Town has considered the County's interest, and this is why that proposal has been presented to move quickly. He said if you just consider Chapel Hill, there are active bids on the table. He said if the Town were to go its own way, the council would need to act on these bids. He said one of these bids includes waste zero as part of its proposal. He said if these proposals are going to be pursued the Town will need direction, because there is either a tax rate implication or a fee that must be established on the budget amendment. He said the program cannot run without any money. Commissioner Dorosin said he wanted to be clear that the Town Council did authorize the attorneys to pursue this letter of intent. Mayor Kleinschmidt said the Town provided direction after the work session, based on the recommendation of the manager, to negotiate with the County in an attempt to gain added value. Commissioner Dorosin asked if the Town will vote on this at their Monday night meeting. Mayor Kleinschmidt said he would assume that something will have to be done very soon. Roger Stancil said it is not currently on the agenda. He said it could be added to the agenda, based on the conversation tonight; otherwise it would come back at the first meeting in January. Council Member Czajkowski said he knows that a large portion of their council discussion was about wanting to see information from Orange County. He asked Roger Stancil if this information has been received. Roger Stancil said no. Council Member Czajkowski said the unanimous sense of the council was that this information was needed. He said it felt like the council was being asked to make a decision about something without having all of the information. He asked when this information will be received. Roger Stancil said Gayle Wilson and Michael Talbert are aware of this request. He said the information has not been received, and this is one reason this item has not been added to the agenda Chair Jacobs said the Commissioners have no idea what information has been requested. He said the Board will direct staff to provide whatever information is needed for the council to make an informed decision. He said the Board is trying to be as open, cooperative and proactive as possible. He said nothing has been missed intentionally and the Board wants to make this work. Council Member Ward said one of the questions dealt with the fact that the private bids received by the town had a 5 year commitment, and Orange County did not provide this. He said in reading this information, it is his impression that with a properly worded interlocal agreement this could move forward without that specificity. He said things could move forward with a letter of intent or memorandum of understanding to create a process through which the Town of Chapel Hill could participate in the financial discussions with the County. He said the fact that the council does not have it today is not a problem for him. He said he was one council member who identified additional services that Orange County provides throughout the greater community, such as assistance with recycling at public events like Festifall. He asked if any of the other proposals received from private entities provide services such as this. Roger Stancil said this is part of what the Council asked. He said the County was asked for a 5 year agreement; information on the cost of collection; identification of administrative cost; and the cost of overhead. He said the bids from the private sector were for collection only. Council Member Ward said the private sector bids may contain a 5 year plan, but they will be a higher bid because of the uncertainty assumed. He clarified that the added services provided by the County are not included in the bids from private entities. Roger Stancil said yes. He said it was difficult to compare the private sector to the County, because the numbers and breakdown were different. Michael Talbert referred to attachment E on page 30. He said Gayle Wilson identified the key issues raised at the council meeting and attempted to provide answers. He said that when the Town requested bids from the private sector the County was not asked for a bid. He said the County entered the process several weeks after the evaluation process was started. He said the County has to go out and get pricing before a firm price for 5 years can be given. He said the County is interested in giving this, and estimates have been listed in the attachment. He referred to pages 30 and 31 of the abstract and reviewed the pricing listed there, noting that this is the best guess at the moment. . Gayle Wilson said he did try to respond to the questions he heard. He said it is difficult to give the Town a 5 year pricing when many of the costs are not known yet. He said the collections service cost and the roll cart bids are not known; and there is no answer to the grant requests yet. He said this makes it risky to give a price at this time. He said the multi- family cost can be fairly accurate, since this is already run by the County. He said he can't push a price and ask the County to guarantee it for 5 years with the lack of information. Chair Jacobs said a 5 year agreement is in the County's interest as well and the Board wants to make this work. He said the two staffs can work together to serve their constituents. He said the Board of County Commissioners is not going to stand in the way of making this work. He said the County has been interested in the purchase of carts for years but was hesitant to move forward without a mutual commitment. He said it seems this issue is close to agreement, and he hopes everyone joins. Council Member Ward said he is prepared to support a move forward with this letter of intent. He noted that it is written in this agreement that the Town of Chapel Hill is seen as an equal partner in setting the costs. He would like this letter to treat the other Towns the same way. Commissioner Gordon said she hopes everyone can find a way to have a unified effort and work together. She understands there is a process that has to be followed, but she would like to underscore the past success of working together. She mentioned a concern with privacy, regarding the chip in the cart to collect data. She wants the Board to think about this. Mayor Chilton asked if this is central to the application. Gayle Wilson said yes. He said the grant application requires the carts to be fitted with the RFID chip. Mayor Chilton asked why, and he asked if there is a significant cost difference in carts with or without the chips. Gayle Wilson said it is a nominal difference in cost, but most entities are using the chips nationwide, as it allows for tracking of participation rates. He said this can capture specific routes that have low participation rates where education efforts to encourage recycling can then be focused. He said the system does not track specifically who lives there. Mayor Chilton asked if there is a way of protecting this information. Gayle Wilson said this can be protected, since there is a portal where the information resides. He said those without access cannot view it. Mayor Kleinschmidt said there are open data interests at play here. He said cities at the front of providing high quality services to their community are opening their data to come up with new solutions to problems. Mayor Chilton said you can contract with a company to drive around and scan the bins. He said the trucks will have a computer that reads the addresses and what the bins are collecting, but the question is what the contracted company would be able to do with that information. He said some of the individual products are also now being fitted with RFID chips, so the truck can tell what is in the recycling bin. He does not think having RFID chips on the carts is a problem, but it is a problem to interject a private contractor that will scan these. He said there might be a way to disallow this in the terms of the contract. Alderman Gist said she is more concerned about the private sector and corporations impinging on her civil rights than she is about local governments impinging on them. Mayor Chilton said presentations were given at the solid waste working group about the company organized around this concept of scanning the anticipated RFID tags. He said it will be important to be clear with the contracted collection company that this is not allowed. Council Member Storrow echoed Council Member Ward's comments. He said it makes thoughtful sense to set up a scenario where the Town has a stake in the process and outcome. Chair Jacobs said the discussion about the chips has been enlightening, and staff will make sure that the privacy issues are protected. Chair Jacobs said he is hopeful there will be some communication back to the County soon about the letter of intent. Council Member Easthom said she would like to officially ask Mayor Kleinschmidt and Roger Stancil if this item could be added to the agenda for Monday. Mayor Kleinschmidt said it could be added. Mayor Stevens said Hillsborough is a party to the affordable housing and the solid waste issue. Town of Hillsborough elected officials left at 8:36pm. 3. Chapel Hill ETJ Expansion Process (Craig Benedict/JB Culpepper) Chapel Hill Planning Director J.B. Culpepper said one recommendation from the Rogers Road task force was the extension of Chapel Hill's ETJ, in order for Chapel Hill's community development funds to be expended. She said the property is currently located in the joint planning area. She said in September the Chapel Hill Town Council asked the County to initiate the process for this extension, and a public hearing was held in October. She said this item is intended to go back to the town council on January 13, 2014 for possible action. She said if the extension were to occur Orange County would need to take action as well, and Chapel Hill would have 60 days to apply for zoning in this area. JB Culpepper referred to a map and noted the tan area as the area being discussed. Mayor Chilton asked why was this not part of the ETJ 20 years ago. JB Culpepper said that request was what initiated the Joint Planning Agreement (JPA) discussion. Mayor Kleinschmidt said this was a compromise because the Town wanted to and the County did not. Commissioner Gordon asked how the JPA fits into this. J.B. Culpepper said there have been discussions about what might be needed in terms of the JPA, and she does not know if extension in this area would require an adjustment to the agreement. Commissioner Gordon said the JPA states that a joint planning land use map change requires a process. She said this is not a problem, but this needs to be folded into their schedules. Commissioner Dorosin said Chapel Hill currently has control of land use in this area, and he asked if the zoning is Chapel Hill zoning. J.B. Culpepper said the zoning is through the JPA, and both entities have to act to change zoning. Commissioner Dorosin said he wanted to clarify that zoning is in place in this area and is consistent with Chapel Hill zoning. He asked if it is correct that someone in this area who was building an addition on their house would have to get permits and inspection through Chapel Hill. He said this would be the same in the ETJ. J.B. Culpepper said this is correct. Commissioner Dorosin said current requests for re-zoning require approval from the County and the Town. He said, if the ETJ change is made, only the Town will have to approve it. He noted that this is the only substantive change between the planning agreement and the ETJ. J.B. Culpepper said this is correct. Commissioner Dorosin clarified that the reason this expansion was recommended by the task force is because the only way Chapel Hill can expend funding in this area is if this land is in the ETJ or the Town limits. Chair Jacobs said the Board of Commissioners wanted to be clear regarding the impact on the Joint Planning Agreement before signing off on the agreement. J.B. Culpepper said this question can be discussed with the attorneys. Commissioner Gordon said she has the JPA in front of her. She read from section 2.6 regarding the amendment of the land use map, which states that "no such amendment may become effective until after it has been adopted by Orange County, Chapel Hill, and Carrboro, following a joint public hearing by all three governing bodies." J.B. Culpepper said staff will research this and report back. Commissioner Dorosin asked if there is anything noted in Chapel Hill's long range plans regarding re-zoning in this area. J.B. Culpepper said there is a draft Rogers Road Small Area Plan that would require some adjustments to land use if it were adopted. Mayor Chilton said this calls for mixed use development near the Greene Tract. J.B. Culpepper said the majority of the changed uses recommended in the report are associated with the Greene Tract. She said this area is jointly owned by Orange County, Chapel Hill and Carrboro, and this adds another layer of complication. Mayor Kleinschmidt said it should be noted that for at least the last 13 years Chapel Hill has not planned for re-zoning anywhere in the town. He said the Town addresses re-zoning when a developer comes forth with a project. He said the lack of a plan to change zoning does not really inform anything. He said applications to re-zone are accepted like any other application. Chair Jacobs said the next step is for Chapel Hill to consider this on January 13th, and presumably the JPA issue will be addressed. Mayor Chilton asked why this is a draft plan. J.B. Culpepper said this is because it has not been adopted. She said it was referred to a joint hearing and became absorbed in some of the other issues associated with the Rogers Road area. Mayor Chilton asked Mayor Kleinschmidt if this is coming back to the Town Council for consideration at some point. He asked what significance should be attached to the fact that the plan has not been adopted. Mayor Kleinschmidt said, in his opinion, very little. He said this was a citizen developed plan and it offers very good guidance. 4. Report from the Historic Rogers Road Neighborhood Task Force Michael Talbert said the Historic Rogers Road Neighborhood Task Force finished up their work this past September and the report has been presented to all three Boards. He noted that the Rogers Road Small Area Plan was included as an attachment. He said this plan was accepted in 2009, but nothing has been brought forward other than where things are now with the task force. Michael Talbert reviewed the following recommendations from the Historic Rogers Road Neighborhood Task Force, as listed on page 3 of the abstract: 1. That 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 Orange Water and Sewer Authority (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 is 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 OWASA in 2012 or cannot agree on the concept of an Extra Territorial Jurisdiction (ETJ) for the Historic Rogers Road 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 home 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. Michael Talbert said the task force feels that recommendation 7 is the most important. He said the following progress that has been made: the landfill has been closed; water funding has been established for payment of tap and connection fees; the County has cleaned up 21 illegal dump sites at the perimeter of the landfill; and a community center has been designed. Michael Talbert said there are a couple of possible next steps, one of which is to assign the managers the task of implementing all 7 recommendations. He said there are some pitfalls and legal restrictions to work around. He noted that the County is under an ongoing EPA investigation, and there are also multiple jurisdictions involved. He said these hurdles are not insurmountable. He said a second option would be to allow the managers to move forward with a development plan. He said several issues, including gentrification, adoption of a small area plan, and the consideration of how and when the Greene Tract will be developed were not addressed by the task force due to a lack of time. He said the County and the town managers could come up with a master plan to make this work. He said it is important that this community stays together and is not splintered. He said there has been considerable concern about the installation of sewer and what this might do to the composition of the community. Michael Talbert said the Board has received, but has not adopted, the final report from the task force. He said the Board, under the advice of the County attorney, is not moving forward to take any action until the EPA complaint is resolved. Alderman Seils questioned what sewer infrastructure in this area would mean for the future of the community. He said it is important to remember that this task force included citizens from this community, and in his mind this report expresses the interests and will of the community. Council Member Czajkowski said his fundamental question is whether the municipalities can all move forward if the will exists. He asked what is stopping that from happening. Chair Jacobs said, from the County's perspective, the EPA complaint is the only thing stopping forward movement. Council Member Czajkowski asked once the complaint is settled if there was any likelihood that it would prevent things from moving forward. He asked if the plan is to wait to put a plan in place until the complaint is settled. Chair Jacobs said the manager's recommendation is to move forward with options in the meantime. Council Member Czajkowski asked what is involved in the planning. Michael Talbert said it depends on the pleasure of each board. He said the County is proceeding with the community center, but he does not know whether the focus is a full blown utility district or a smaller district. He said the managers need direction. Council Member Czajkowski said he wants to distinguish between planning and doing. He said that doing means committing cash. He would like to see on Chapel Hill's agenda on Monday, a commitment to funding their part. He said it is time to stop talking. Alderman Johnson asked why the larger utility district is still on the table. She said the task force did not recommend this because of the costs. She said a $3.7 million compromise plan, with shared cost was brought to the task force. Michael Talbert said she is correct about this. He said the number one priority is to get sewer to the people of Rogers Road. Alderman Johnson asked why the larger plan is still on the table. Roger Stancil said the Chapel Hill Town council did ask him to explore this option. He said if Carrboro and the County wanted to solve this problem now, it would be simple to do. He said those two entities could take that on. He said what the Town is looking for is a way to produce the resources that the Town has been talking about. He said the first priority is to provide sewer to the people who need it. He said the district is a way to produce resources that could do that, and it could be phased in. He said the council asked him to explore this as a way that the Town of Chapel Hill could participate in its funding. Alderman Johnson asked if the council is aware that this was discussed in the task force meeting, and the County said it would not be financially feasible. She would like to move forward with what was actually recommended. Mayor Kleinschmidt asked if it was true that it was financially impossible for the County to participate in the larger district. He said he doesn't want to discuss the option if it is a no-go. Michael Talbert said he is not sure it is an absolute no-go, but the price tag on the larger district was $17 million. He said the County would have to be the lead agency, and this is not in their CIP or on their radar screen. He said this would make it a very difficult sell. He said sewer for the 86 parcels was seen as the priority, as discussed by the task force Michael Talbert said when this was being discussed, the issue of the ETJ and the question of Chapel Hill's participation came up. He said there was a great deal of uncertainty at the time as to whether the Town could participate. Mayor Kleinschmidt said right now the discussion is not about the larger district. Michael Talbert said it was his understanding from talking to Roger Stancil that this is what the Town Council wanted him to pursue. Roger Stancil said it was pursued as a vehicle for creating resources for the Town of Chapel Hill to participate in the funding of the extension of sewer. He said the priority was to serve the identified properties of the Rogers Road neighborhood that have been affected by the landfill. He said there was a preliminary meeting of the managers, including OWASA, to discuss what it would take to establish that district. He said that district is one way to make this happen, but the ETJ is also being pursued. Mayor Kleinschmidt said it is not an absolute no to have a utility district to provide sewer to the 86 properties. Alderman Johnson said she is referring to the $17 million district. Mayor Kleinschmidt said this is not what is being discussed. Chair Jacobs said there is some confusion because Michael Talbert referred first to the recommendation of the task force; but then he put forth the idea of looking at the larger universe of options. He said the task force recommendations are only a sub-set in this larger universe. He said guidance would need to be given on this, as well as the disposition of the Greene Tract. Chair Jacobs said it is fine to keep talking; but it should be remembered that there are two options on the table. Council Member Ward said there may be additional strategies that come about when discussing this suite of options. Roger Stancil said proposed participants would be Orange County, OWASA, the Jackson Center, the Credit Union and RENA. He said the main priority is to provide sewer as quickly as possible. He said one idea was for the school board to purchase a school site on the Greene Tract, and those proceeds could go into the utility district. Council Member Ward said that is why the manager was asked to pursue other options. He said it seemed like this may provide some other funding opportunities. He said another idea is to establish some affordable housing on the Greene Tract. He said if a developer could be found for this, then that project could also produce funding for water and sewer. Mayor Chilton said this would presumably also be split 43-43-14. Council Member Lee Storrow said what is important to remember is that the council also has an interest in doing this work as soon as possible. He believes the second recommendation is the most important. He said the timeline and the money are ambitious, but continued discussion delays the original goals. He said the boards have an obligation to end this budget process; however he wants to be realistic that having a broader conversation about whole budget priorities will put things in a better place to make this kind of investment. Council Member Lee Storrow said the district idea has been discussed, and the larger district allowed Chapel Hill's participation. He said if a district were to be defined solely as the 86 parcels, none of that falls within the boundaries of the Town of Chapel Hill or the ETJ. He said the smaller district does not allow Chapel Hill's participation in funding. Commissioner Dorosin said the task force has been meeting for two years and has considered all of these options, including the district. He said the task force came forward with recommendations, and the priority is to get water and sewer to these 86 parcels. He said this could be moved forward expeditiously, and the district could come later. He said there is a plan in place to get this process moving. He said Carrboro has committed its share of funding, and Hillsborough could put funding in with the ETJ. He said the County needs to make clear its commitment to putting in funding. He said his understanding was that the $3.7 million plan assumed that Chapel Hill would not be able to put in any money. Commissioner Dorosin said he feel it is a disastrous idea to sit back and wait for the resolution of the EPA complaint. He believes the majority of the Commissioners are committed to recommendation #2. He feels this should be explained to the EPA, and this could possibly resolve the complaint and allow them to move forward. He said the EPA could take months, and this would cause momentum to be lost. He said this is an opportunity to do what is right for the County. He would like to move forward with recommendation #2. Mayor Chilton said he agrees with Commissioner Dorosin, and he feels the municipalities should come together collectively and approach the EPA to communicate that the complaint has been resolved. He said it feels disingenuous to hold this up while waiting on the results of the EPA or another study. He feels it is time to adopt the recommendations and go forward. Alderman Seils referred to an email from the County attorney to the town attorney regarding the direction that no funding should be committed until RENA provides assurance that their complaint has been withdrawn or that the EPA has dismissed the complaint. He then read from a letter addressed to the County attorney from RENA, stating that RENA would voluntarily dismiss the EPA complaint in exchange for the County's written agreement to fully fund sewer infrastructure in Rogers Road. He said this seems like a way out, and the solution is right in front of them. Commissioner Price said once the sewer lines are in, there is cost associated with the hook ups. She said this is expensive, and most of these residents cannot afford it. She said the extension of the ETJ would allow for the application for community development block grant (CDBG) funds to help residents hook up. She asked if it is almost certain that Chapel Hill would agree to the ETJ. Mayor Kleinschmidt said the Town asked for more information about a water and sewer district instead of extending the ETJ. He said even if the ETJ is extended, this area is still not in Chapel Hill. He said despite the fact that some CDBG funds have gone up nationally, Chapel Hill gets less CDBG funding because HUD has changed their formula. He would like to avoid removing another recipient of the CDBG funding in order to move money to the Rogers Road area. Commissioner Price said that topic only came up for discussion. Mayor Kleinschmidt said there has been a 50-60 percent decrease in CDBG money in the past decade, so he hopes this is not a solution in anyone's mind. Council Member Greene said she thought that Chapel Hill could only contribute money to water and sewer if Rogers Road was in the ETJ. She asked if this is different than doing a district. Council Member Storrow said the logic was that the larger utility district would encompass a portion of the County that included Chapel Hill and would allow the Town's participation. He said the smaller district that includes only Historic Rogers Road does not include any portion that is part of Chapel Hill. Council Member Greene asked if an ETJ is needed or not. Council Member Storrow said an ETJ was not required to create the larger water and sewer district. Chapel Hill Town Attorney Ralph Karpinos said the area in question must be in the Town or in the ETJ in order to receive Town funds. He said the Town is authorized to spend community development funds if the area is in the ETJ; however if it is not in the ETJ the Town has no authority to expend Town funds. Commissioner Dorosin asked if the Town could spend other money if the area is in the ETJ. Ralph Karpinos said no, but the Town could allocate general fund money for community development programs. Mayor Kleinschmidt said it is important to distinguish that the Carrboro funding is spent within the Carrboro area only. Council Member Czajkowski said the two potential impediments were the EPA suit brought by RENA, and the ability of Chapel Hill to spend funding in this area. He said it seems as though neither of these issues are actually impediments. He said it seems that Orange County and Chapel Hill have not made any funding commitments. He asked how much longer this has to wait. Chair Jacobs noted that until Chapel Hill extends the ETJ it cannot spend the funds. He said this could take a couple of months. Council Member Czajkowski said the goal after this meeting should be for everyone to have all mechanisms and funding in place by April 30, 3014. Council Member Ward said part of this property is within a recently annexed portion of Carrboro. He said it seems like that distinction is worth noting, because for a number of years those residents have contributed taxes to Carrboro to support services provided by the Town. He said Carrboro has a revenue stream that Chapel Hill does not, and this was a hurdle for him. Council Member Ward said there are projects out there that could help pay for the general needs of the Rogers Road residents. He said it seems that those funds would be distributed in the same ratio as the obligation. He said the residents will pay to be hooked into the main line that will be established, and those funds should go back into the system to help all three entities pay for what is out in that community. He said this might help him get over the angst of contributing Chapel Hill taxpayer money to the residents of Carrboro. Mayor Chilton said Council Member Ward is talking about 13 or 14 properties, one of which is a church that is tax exempt. Council Member Ward said it seems to him that Carrboro is asking Chapel Hill to pay for infrastructure that Carrboro is obligated to provide. Mayor Chilton said this issue has been litigated by Orange County Superior Court. Council Member Ward said it is not Chapel Hill's responsibility. Mayor Chilton said 43 percent of it is Chapel Hill's responsibility and 14 percent of it is Carrboro's responsibility. Mayor Chilton said there is a tremendous possibility for future revenue growth in this area for the Town of Chapel Hill. Mayor Kleinschmidt said he thought one goal was to prevent gentrification and that exact same kind of land value change. Mayor Chilton said that is not what neighbors have said. Chair Jacobs said this discussion was bound to happen, and it is good to have it said. Alderman Lavelle said it is true that there are 12 or 13 properties that will benefit from the $900,000 that Carrboro has allocated to the Rogers Road community. She said that to get the sewer through the area, it must run through section 6 and part of Carrboro that does not have water and sewer. She said the neighbors do think that this might eventually allow them to tie in once further development occurs. She said it is not fair to penalize the residents that don't have water and sewer. She said one of the appeals of the larger sewer district is to make sure that when that area is developed, there will be a way to recoup the cost from the developer. Council Member Storrow said multiple funding formulas were discussed for over 12 months. He said the reality is that all the governments have been at fault here and there is no magic bullet that will make everyone happy. He feels that this funding formula best addresses the root concerns about the impact made on this neighborhood by dumping trash next to it. Mayor Chilton referred to the map on page 67 showing the different sewer segments. He noted the area marked in A and asked how sewer service gets to that point. He questioned whether this $900,000 line that needs to be built through Carrboro up to Rogers Road serves just Carrboro, or will also serve residents in Chapel Hill. Mayor Kleinschmidt said it will serve residents if it is in the town of Chapel Hill. Mayor Chilton said if there is complaint that Chapel Hill is paying for lines in Carrboro, he is saying that Carrboro is paying for lines that are going in locations outside of Carrboro. He said he will be bringing sewer lines into the Chapel Hill annexation area. He said the idea that Carrboro is not living up to its responsibility is not valid. He said Carrboro has stepped up the plate and put up a large chunk of money, and he expressed frustration that there are complaints that it is not enough. Mayor Kleinschmidt said the discussion is around where the money comes from, and this discussion includes the possibility of a utility district. He said Chapel Hill is not abandoning this project. Mayor Chilton said he would be more open to the input that Carrboro needs to put forth more money if that input was coming from people who were also putting up money. Chair Jacobs said one of the options was for the managers to look at the larger district, which would generate revenue, as well as the Greene Tract that would generate revenue; and the other option was to just focus on the task force recommendation. He said this second option would be the more feasible short term solution. He said the managers have certainly heard the opinions of the elected officials. Michael Talbert noted the legal distinctions. He said the task force recommendation was the provision of sewer to the 86 homes. He said OWASA already owns the water infrastructure in that area. He said if a small or large district is created, the district will own the infrastructure. He said the idea is that a district could be funded through all three entities, and when all of the debt is paid off, the district will be given back to OWASA for operation. He said the idea is just to contract with OWASA to do this, and then make the capital contribution. Chair Jacobs suggested that the managers could have a draft proposal ready for consideration by the time of the ETJ public hearing. Michael Talbert said the managers could work toward this goal. Chair Jacobs said it is clear that the elected officials want this to happen as soon as possible. He said the issues about funding need to be addressed in the interim. He noted that if there are more people in the district, the rates would go down. Commissioner Dorosin said there is water infrastructure in place, but not all of the 86 homes are connected to water. He said this needs to be considered, and the available funds need to be used to connect anyone who is not connected. He said the proposal needs to have an emphasis on providing the connection to the sewer line at no cost to homeowners. Chair Jacobs clarified that this is part of the task force recommendation. Alderman Gist left at 9:47. 5. Accommodating Appropriate Agricultural Support Enterprises in the Rural Buffer - Proposed Changes to the Orange County Unified Development Ordinance (Perdita Holtz) Council Member Harrison left at 9:48. Council Member Matt Czajkowski left at 9:49 Mayor Chilton left at 9:51. Perdita Holtz reviewed the following PowerPoint slides: Accommodating Appropriate Agricultural Support Enterprises in the Rural Buffer Tonight's Purpose • To discuss proposed changes to the County's Unified Development Ordinance that will accommodate appropriate "Agricultural Support Enterprises" in the Rural Buffer • An opportunity to provide feedback that could shape the materials scheduled to be brought forward for formal public hearing on February 24, 2014 Rural Buffer Basics • Established as part of the Joint Planning Area Agreement • Rural Buffer is under Orange County's planning and zoning jurisdiction • Low density area • Rural in character and will remain rural (contain low-density residential uses) • Not require urban services UDO & Rural Buffer Changes to County's UDO that are applicable to the Rural Buffer are referred to the Towns for review and recommendation ■ County may not adopt amendments until Towns have made their recommendations or until the expiration of 30 days following referral Agricultural Support Enterprises • County-wide program • Propose to add some new uses to the RB general use zoning district ■ Uses permitted by right or with a special use permit, depending on use • Propose to add a new conditional zoning district (ASE-CZ) that could also be applied to the Rural Buffer ■ A CZD is a rezoning that must be applied for with decision by BOCC after a public hearing process ■ Eliminate some uses from consideration if property is located in the Rural Buffer Use Value Parcels (Farms) in the Rural Buffer (map) - 37,428 Acres in Rural Buffer - 10,172 Acres in Use Value (27%; 345 parcels) Proposed New Uses in RB General Use Zoning District Page 4 of item packet • Each proposed new use has a definition • Each proposed new use has use-specific standards • In addition to all requirements of the UDO Proposed ASE-CZ Conditional Zoning District Pages 5 and 6 of item packet • Each proposed new use has a definition and use-specific standards • In addition to all requirements of the UDO • Uses in red text could not be applied for if property is located in the Rural Buffer Perdita Holtz said the items in red on the charts in slide 8 indicate items that are likely to be removed for consideration for properties located in the rural buffer. Chair Jacobs said the purpose of this is to allow more agricultural and farming options and to make it more profitable to farms in those in the rural buffer areas, while maintaining the character of the areas. Commissioner Gordon said she would like the towns to study this proposal and bring comments before the Feb. 24th QPH. She questioned the role of the Towns regarding the Joint Planning Agreement (JPA) and the Joint Planning Land Use Plan. She referred to the JPA section 1.2, section G regarding land use categories. She read the definition of a rural buffer. She also read section 2.6, section f, regarding changes to the agreement. She said everyone has to agree to changes in the JPA. Commissioner Gordon read the description of agricultural areas and rural buffers from the Joint Planning Area Land Use Plan. Commissioner Gordon said her last point is that this development is quite intense in its uses. She said there needs to be a balance between allowing farmers to have productive use of their land, and the effect on neighbors. She said the key is that this was originally conceived of for areas out in the County with large lot sizes, versus subdivisions and neighborhoods. She said the impact on neighbors in suburban areas needs to be considered. Commissioner Gordon said some uses might be better on public water and sewer, which are not allowed by definition in the rural buffer. She said this is a balance, and events with a large impact could be fine in the rural areas with large lots, but not in the suburban areas. Alderman Seils said it would be helpful for County staff, when sharing materials with the Towns, to give a narrative about some of the goals. He said it sounds like there will be some expectation that the Towns undertake their review soon. He said coordination with the managers would be helpful. Chair Jacobs said he would hope staff will know what needs to be an amendment to the joint planning agreement and what is at a staff level. Council Member Ward said he would like to better understand which of the identified uses are high water users, or high users of septic tanks that could cause problems in the near future. He expressed concern that wells could run dry. He asked if this list is comprised of the uses that the Board supports, or if it is just a general laundry list of options. Chair Jacobs said this is a laundry list of options. He said with the help of feedback from the town, some of the uses can be eliminated if there are concerns. He mentioned Maple View Ice Cream Store as an example of success in the rural buffer. He said it is a great idea to consider water and sewer use. He said hopefully an agreement can be made to increase possible uses. Council Member Ward asked if any uses are already allowed outside the rural buffer or corporate limits. Chair Jacobs said no. He said the Board will be informed by what the Towns say. Commissioner McKee said he would have concerns over a regional meat processing plant in a rural buffer. He said the other use that is a concern would be a saw mill, but the impact of this depends on the size. He said the Board needs to look at additional uses that people in the agricultural sector can access to make their farms more viable. He said economic viability is one of the drivers of the loss of farmland, and farmers must have the ability to adapt. Council Member Greene said everyone who is a party to the rural buffer has a strong interest in what happens there. She said it seems to her that the Towns ought to have a lot of say about this. She fully supports the need for economic flexibility with these properties, but she has concerns about some of the uses listed with "Minor Events". She said some of these look as if they might be too high intensity to be consistent with the rural buffer. Commissioner Gordon said neither she nor the Board of County Commissioners have seen this rendition before. She said the high septic and high traffic users have to be considered to make sure the use will be acceptable on well and septic. She said it is important to look at the standards for development. Commissioner Pelissier said the Commissioners have never had a discussion about this. She said the rural buffer was created in a different era, and the elected bodies woke up a few years ago and decided that something needed to be done. She said there are efforts to work on economic development districts; however it is also time to look at all the other land in the County to find ways to promote entrepreneurship and small scale businesses that are appropriate for rural areas, including the rural buffer. She said the restaurants are a major driver for businesses in the area. She said it is important to think about ways to provide more income for the farmers providing some of this food. She said it is important to consider what uses are good to have in the rural buffer to preserve the rural character. Mayor Kleinschmidt said he appreciates the opportunity to give feedback. He thinks that this rural agriculture and agriculture related businesses were what was intended to happen in the rural buffer, versus large lot subdivisions. He said this is a fantastic way to leverage one of the community's greatest assets to improve economic well being. Council Member Ward said he would like to hear from the farmers about what provides them the most useful options. Commissioner McKee encouraged everyone to keep an open mind. He said if compatible operations are not allowed, the rural buffer will turn into a residential buffer. He said this is already happening. Chair Jacobs reviewed what he had heard. He said it would be useful to identify what the Board of Commissioners would like to see, versus just a general list. He suggested the best way might be to go to the QPH in February and ask the agricultural preservation board to review this and provide statements and analysis. Chair Jacobs said it would also be helpful to have staff look at the other impacts, such as water use and traffic. He said all of this information can be shared with the towns before they are asked to give comments. He said anything would be an improvement on the current situation. He said the goal is to encourage local agricultural economy. Commissioner Gordon noted there are other advisory boards, in addition to the Agricultural Preservation Board, who should be asked to review the agricultural enterprises proposal. 6. INFORMATION ITEMS (No Specific Presentation or Discussion)- ATTACHMENTS A) Southern Campus Master Plan Development Update B) Potential Bond Issue C) Older School Facility Needs D) Southern Branch Library Siting Process Update E) 911/EMS Assessment Update F) Locally Owned and Operated Trunked 700MHz Radio System G) Morinaga America Foods, Inc. Update H) Potential Orange County Fair Commissioner McKee said one of the good things occurring in the County is the co-location of ambulances in fire stations. He said the emergency services manager has worked with Orange Rural and Orange Grove and is currently working on co-locating with Carrboro. He said this is improving response times. He said it would have been helpful to mention in the Rogers Road discussion that the Carrboro station is only a mile from that community. The meeting adjourned at 10:20 pm. Barry Jacobs, Chair Donna Baker Clerk to the Board