HomeMy WebLinkAboutAgenda - 03-18-2014 - 6aSUBJECT: MINUTES
DEPARTMENT:
ATTACHMENT(S):
Draft Minutes
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 18, 2014
Action Agenda
Item No. 6 -a
PUBLIC HEARING: (Y /N) No
INFORMATION CONTACT:
Donna Baker, 245 -2130
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PURPOSE: To correct and /or approve the minutes as submitted by the Clerk to the Board as
listed below:
February 18, 2014
BOCC Regular Meeting
BACKGROUND: In accordance with 153A -42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
FINANCIAL IMPACT: NONE
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
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DRAFT MINUTES
BOARD OF COMMISSIONERS
REGULAR MEETING
FEBRUARY 18, 2014
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday,
February 18, 2014 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: John Roberts
COUNTY STAFF PRESENT: Interim County Manager Michael Talbert, Assistant County
Managers Clarence Grier, Cheryl Young and Clerk to the Board Donna Baker (All other staff
members will be identified appropriately below)
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE CLERK'S OFFICE.
22 1. Additions or Changes to the Agenda
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24 Chair Jacobs called the meeting to order at 7:03 pm. He reviewed the following items at
25 the Commissioners' places.
26 - White sheet - Hand out from the Dispute Settlement Center
27 - Lavender sheets - Commissioner Price' s comments - Item 5 -a - Unified Development
28 Ordinance Text Amendment Related to Home Occupations — Public Hearing Closure
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and Action
White, blue and peach sheets — Item 6 -g - Commemorative Plaque Policy
Yellow sheet —Item 7 -c- Background information on Approval of Contract to Purchase
Real Property — Triangle Land Conservancy
PUBLIC CHARGE
The Chair dispensed with the reading of the Public Charge.
2.
Public Comments
38 a. Matters not on the Printed Agenda
39 Frances Henderson from the Dispute Settlement Center reviewed the handout at the
40 Commissioners' places. She expressed thanks to the Board of County Commissioners for their
41 support and gave an update on the mediation programs. She said County support means that
42 citizens in criminal district court have access to mediation without charge, and divorcing couples
43 have access to mediation on a sliding scale fee basis through the Dispute Settlement Center.
44 She said Orange County is the only county in North Carolina to provide this access. She said
45 nearly 300 people have used this County funded service in the first 6 months of this year, and
46 there has been an 88 percent resolution rate in the cases that used mediation.
47 She said the center is working on mediation for multi -party civil harassment cases, and
48 mediators are also being made available to work with magistrates on small claims cases. She
49 said the center is also collaborating with the Bar Association on a presentation to be used
50 around the state in explaining mediation to people going through the criminal district court
I system. She hopes this will increase the use of mediation as an excellent option for dispute
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b. Matters on the Printed Agenda
3. Petitions by Board Members
Commissioner Gordon read the following petition to the Board:
The Town of Chapel Hill is in the process of developing plans for targeted areas of
town, including Ephesus Church /Fordham Boulevard area, Glen Lennox area, and Obey Creek.
These plans are all proposing significant numbers of new housing units, and some of them
include new approaches to land use planning and zoning, such as form -based zoning. They
also may use development agreements. Please provide the Commissioners with a report which
describes how the planning and zoning methods used for these developments work, and
whether and how they are different from the methods used currently by the Town. Also, please
describe whether and how the proposed developments (whatever planning and zoning methods
are used) will comply with the Schools Adequate Public Facilities Ordinance (SAPFO) and how
many new housing units are being proposed in each of the targeted areas of town.
Commissioner Dorosin petitioned his fellow colleagues on the Board and noted that
one of their OWASA representatives' terms is ending in June. He said the current board is all
white, and he encouraged the Commissioners to try and find a pool of diverse candidates.
Chair Jacobs requested a report on the status of cable services and Time Warner
Cable in Orange County.
Chair Jacobs said he would like to see a Small Business Loan Pool Report.
Chair Jacobs said there have been some differences in outlook on the projected
population for Orange County when looking at the County's land use projections versus other
entities' projections. He would like staff to come up with a number.
4. Proclamations/ Resolutions/ Special Presentations
a. Presentation by Phillips Middle School Trash Terminators 2.0 and
Recognition Resolution
The Board received a presentation by the Phillips Middle School Trash Terminators 2.0
on recycling and composting initiatives and considered a resolution recognizing the Trash
Terminators for their accomplishments and authorizing the Chair to sign.
Commissioner Rich introduced Trash Terminators 2.0 and said the group has recently
made several presentations to other governmental entities.
The group presented the following PowerPoint presentation:
Presentation to Orange County Commissioners
by Trash Terminators 2.0
• This was Trash Terminators 1.0
• Rohan Deshpande, Helen Jiang, Joshua Zhou
• Won "Siemen's We Can Change the World" National Challenge
I (Pie chart)
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3 We are the `Trash Terminators 2.0'
4 Our team: Vincent Chen, Rohan Deshpande, Elizabeth Farmer, Quentin Sieredzki
5 and Graeme Zimmermann.
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7 Why Did We Start Composting?
8 - Chapel Hill landfill closed on July 1st 2013
9 - Trash is transported to a new location 100 + miles away
10 - Adding cost and creating more pollution
11 - Using a carbon footprint calculator:
12 - Every ton of trash which our city will generate and ship to the new
13 landfill, we will be releasing 57 pounds CO2 and spending $55
14 - Since 55% of our cafeteria trash is compostable waste
15 - By composting in our cafeteria we:
16 - Reduce greenhouse gases
17 - Reduce emissions of methane gas which is caused by food in the
18 landfill
19 - Reduce the amount of money our county pays to ship the trash to
20 the landfill
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22 How We Sort in the Cafeteria
23 We set up composting bins in our school cafeteria
24 Students dump all their compostable food items which include:
25 — Food waste (fruits, uneaten food including meat and dairy)
26 — Food trays (we switched from Styrofoam to compostable food trays)
27 — Napkins
28 We contracted with Brooks Contractors who collect our food waste twice a week
29 — We could not compost on school premises because of health issues
30 It could attract animals and generate bad smells
31 — Commercial composting like Brooks allows meats and dairy to be
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33 We dump all the liquids into a container which eventually goes in the sink
34 — Reduces unnecessary weight in the trash
35 We recycle:
36 — Cans, bottles, milk and juice cartons, and aluminum foil
37 Our goal is to send only pure trash to the new landfill
38 — Reducing carbon emissions and cost
39 — We will have less trash pickup rotations
40 This will give our school additional savings
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42 In the Cafeteria
43 What we did:
44 We involved the whole school
45 — Thanks to the teachers who showed our introductory video about
46 composting
47 — We made posters to hang around school and in the cafeteria
48 explaining what composting is and what goes in compost
49 In the lunchroom:
50 — We had parent and student volunteers to help students with
51 composting during lunch
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• We started a "Giving Table" where we keep all the uneaten and unopened food
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— The guidance office redistributes this food to families on meal -plans
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— Students and staff are most welcome to take food from this table
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• We are setting up worm bins in each science class to show how vermiculture
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works
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— This will enable all the students to understand the science behind
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composting
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— We can use our own compost for new gardens
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— Thanks to Muriel Willaman from Orange County Solid Waste
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Department for demonstrating worm composting to us
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We send updates about our results and plans via our school newsletter "Falcon
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Flash"
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14 Results
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At Phillips Middle School (Excellent Results!!)
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— We diverted over 80% of the trash going to the landfill by recycling
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and composting
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— We will divert 20482.2 Ibs of trash over 180 days of school at Phillips
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— We will avoid 573.8 Ibs of co2 going in our atmosphere
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— We will save $550 in a school year on gas (by not shipping this to
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landfill)
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— If all 4 Middle schools will replicate this initiative we will divert more
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than 41 tons of trash over the entire school year!
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(Pie Chart)
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Our Steps
Our first step was to visit Brooks Composting Facility
— To learn more about commercial composting & understand how they
compost in large quantities
— They showed us the benefits of compost and how it is widely used
— Thanks to Amy Brooks for the awesome tour
We could not do backyard composting on school premises and so we decided to
get a quote for school composting from Brooks Contractors
— They provided us with 16 composting carts (we have more than 700
students)
— They promised that they will come twice a week for pickup
— They agreed to wash the carts every time they come for a pickup
(avoid bad smell)
We then approached school officials for permission
— Thanks to Mr. LoFrese (assistant superintendent) for approving our
composting bin
— Thanks to Principal J. Enns for allowing us to start this initiative at
our school
We brought custodian staff and cafeteria staff on board
— Installed a bucket for liquids, one bin for recycling, one for trash and
one for composting in the school cafeteria (in that order)
— They are a big help and without them we cannot achieve this big task
In The Community
• Community Outreach:
I — We set up a booth at the Chapel Hill Public Library explaining about
2 worm composting, backyard composting and our results at school
3 — We had booths at Walk for Education event (all of the 19 Chapel Hill
4 and Carrboro schools participated in the walk)
5 — We made videos about worm & backyard composting and posted it
6 on our website.
7 — We created an online community survey
8 To educate our community and raise the greater
9 awareness
10 — We worked with Orange County Solid Waste department at FestiFall
11 (Art and Music festival on UNC campus) to help them sort
12 compostables, recyclables and trash at the festival
13 We were interviewed by two newspapers
14 — Chapel Hill News and the Daily Tarheel
15 — These articles informed the community about our project and raised
16 awareness about the need to reduce our trash
17 — Increase interest in composting and recycling
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19 More Community Outreach
20 Senator Foushee and (Former) Senator Kinnaird visited our school cafeteria
21 We presented to the CHCCS Sustainability Director, Mr. Dan Schnitzer
22 - He agreed to help us on our Project
23 - All district schools will compost in the cafeteria by the end of this year
24 Holiday Composting:
25 Our winter initiative was to encourage people to compost over the holidays
26 • Whole Foods kindly donated compostable trash bags to us
27 • We then redistributed them to teachers at our school
28 - These bags can be dropped in our school compost trolleys
29 Social Media:
30 We made several social media pages:
31 - Our website: https: / /sites.google.com /site /phillipscompostingteam /
32 - Facebook :https: / /www.facebook.com /pages/ Phillips- Compost- Team/451961391598434 ?ref =hl
33 - Twitter: https : / /Twitter.com /phiIIipscompost
34 - Instagram: http:// instagram .com /phiIIipscompostteam
35 We made an infomercial which will air on TV
36 - It will air on Time Warner Cable for one month in Chapel Hill Durham region
37 • We presented to Chapel Hill Mayor and Council Members
38 • We presented to the Carrboro Mayor and Board of Aldermen
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40 Composting Photos
41 Our educative videos of backyard composting and worm composting are at
42 https: / /sites.google.com/ site /phillipscompostingteam /videos
43 We conducted community survey online
44 https: / /sites.google.com/ site /phillipscompostingteam /survey
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46 Survey Results (225+ Responses)
47 Graphic — Pie Chart
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49 Municipal Composting
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• According to our results, citizens overwhelmingly wanted municipal composting
— these results were collected from our survey
• Municipal Composting can be done in two ways:
— Drop off spot and curbside
• We could do Dry Runs for both of these techniques
— This would inform us which way would work better
• Chapel Hill and Carrboro are both green cities
— If the community started Municipal Composting, we would be the
first in the state
— This would be a huge accomplishment
• Some cities have already started this in other states
— However, these are large cities
— They include:
• Seattle, WA
• Portland, OR
• San Francisco, CA
— We would be one of the first smaller cities to do this
Commissioner Rich asked them to speak about last year's award and the award for this
year.
Rohan Deshpande said the team participated in the Siemens "We Can Change the
World" National challenge and won 1St place in the nation. He said the team has passed the
regional level for this year and is working toward the national project.
Commissioner Rich read the resolution:
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION RECOGNIZING PHILLIPS MIDDLE SCHOOL
TRASH TERMINATORS
WHEREAS, the Trash Terminators, Rohan Deshpande, Helen Jiang and Joshua Zhou,
organized to eliminate recyclables and compostable trash, thus reducing the
amount of trash transported to the landfill; and
WHEREAS, the pilot program "Carton Recycling and Tip Your Liquids" started with Phillips
Middle School by reducing food and beverage waste as well as redirecting
recyclable items; and
WHEREAS, Siemens "We Can Change The World Challenge" selected the Phillips Middle
School Trash Terminators as First Place winners nationally; and
WHEREAS, in continuing a vision of a zero -waste school, Trash Terminators Version 2.0,
Elizabeth Farmer, Quentin Sieredzki, Rohan Deshpande, Graeme
Zimmermann and Vincent Chen, have increased student awareness and as a
result, increased participation; and
WHEREAS, the team has provided community outreach on the importance of composting and
recycling at public events and via social media, and is working to expand the
pilot program to cover additional schools;
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NOW, THEREFORE, be it resolved that the Orange County Board of Commissioners does
hereby recognize the Phillips Middle School Trash Terminators version 1.0 and
version 2.0 for their outstanding work in recycling, composting and protecting
the environment for all of Orange County.
This, the eighteenth day of February 2014.
A motion was made by Commissioner Dorosin, seconded by Commissioner Rich to
approve a resolution recognizing the Trash Terminators for their accomplishments and
authorize the Chair to sign.
VOTE: UNANIMOUS
Chair Jacobs said he and Commissioner Pelissier met with Green Stream, which had a
goal of composting 20,000 tons per year.
b. OWASA Annual Update Presentation
The Board received a presentation and information from the Orange Water and Sewer
Authority ( OWASA) on recent activities.
Alan Rimer, Chair of the OWASA Board, gave an overview of OWASA and its
relationship to Orange County and the Board of County Commissioners. He said they will be
seeking their 5 million gallons /per day Jordan Lake water supply allocation a little later this year.
He said the state has announced a new schedule for the round 4 allocation. He said the Jordan
Lake allocation is an insurance policy for severe droughts or operational emergencies.
He said OWASA tested the interconnections between Cary, Durham and Chapel Hill this
past year to see if 7 million gallons of water could be safely transported in the event of a supply
going out. He said this was done without any hydraulic problems, and it did work.
He said OWASA continues to collaborate with Orange County staff and others. He said
work is being done with the Jordan Lake Partnership group to look at a cost effective way to get
water from the lake to Durham.
Alan Rimer said a copy of the 50 year long range water plan had been provided to the
Board. He said the goal is to re -visit what was done 8 or 10 years ago and examine where
things are with all of the water supplies, including Cane Creek, University Lake and the Quarry.
He said this is being done to make sure that there is an understanding of where water will come
from 50 years in the future. He said OWASA has asked the towns to work on a consistent
method of population projections based on zoning classifications, in order to provide a clearer
picture of where the region is headed. He said a copy of their strategic plan was provided to
the public in January. He said public comments will also be solicited at the board meeting in
February. He encouraged the Board to submit comments as well, so that those can be
entered into the plan. He said the goal is to get this plan voted into place so that it guides the
board over the next 3 -5 years on those things that are important.
Alan Rimer said OWASA has continued to provide technical information to all entities
involved in the work being done to provide water and sewer services to the Rogers Road
neighborhood.
He said OWASA is doing forest management activities in the 490 acre Cane Creek
Mitigation tract, which is federally mandated. He said the original plan was to do selective
foresting in December, but this has been postponed due to inclement weather. He said
constituents have been notified that this will be underway in the spring. He said the remaining
I lands owned in Orange County are being considered for a possible forest management plan,
2 and this is listed as item 7 in the strategic plan.
3 Alan Rimer introduced Ed Kerwin and Teri Buckner.
4 Commissioner Pelissier asked Alan Rimer where OWASA stands with land preservation.
5 Alan Rimer said this is being considered under their proposed strategic plan. He said
6 OWASA is looking at the lands they currently own and considering utilizing these lands in
7 conservation easements. He said these lands could be sold with long lasting conservation
8 easements in hopes that people who purchase them will get the tax credits, while the land is
9 forever managed by one of the conservation trusts.
10 Commissioner Rich asked about the mutual aid agreement. She asked how these
11 agreements are being modified, and when this is estimated to be completed.
12 Alan Rimer said part of this will come once the Jordan Lake allocations are set and it is
13 known that the state will grant the requested 5 million gallons. He said there is no way to know
14 what the state will do with those allocations, and it is hard to make decisions until that is known.
15 Commissioner Rich asked if everyone seems to want to keep communication lines open
16 with each other as far as these governmental entities are concerned.
17 Alan Rimer said yes. He said this is certainly a partnership between the communities on
18 the western side of the lake, and Cary is an equal partner as well.
19 Chair Jacobs asked if OWASA has been able to address the cost difference issues
20 through its rate structure.
21 Alan Rimer said one of the things in the strategic plan is consideration of the potential
22 for electronic metering. He said this allows you to look at billing incrementally, instead of the
23 current structure of charging on a thousand gallons. He said, from a billing perspective and for
24 homeowners with different needs, this will be a much better system. He said his experience is
25 that electronic metering has changed the way water rates are structured. He said he has never
26 heard of a water rate that is structured on house size, but he feels the incremental system is a
27 good idea.
28 Commissioner Dorosin referred to the Taste of Hope programs and said he is interested
29 in knowing whether they can explore a sliding fee scale to provide cost reduction for customers
30 in need. He said if there is a policy that prevents this, he would like to know what can be done
31 to change that.
32 Alan Rimer said Taste of Hope has simply never taken off. He said Teri Buckner has
33 asked about looking at alternative ways to boost this program.
34 Terri Buckner, Orange County Representative on OWASA, said everyone has to be
35 charged the same rate, because this was a condition of the sale when UNC sold the utility to
36 OWASA. She said this is part of the operational framework, and changing it would mean
37 changing everything.
38 Commissioner Dorosin asked if this agreement can be re- visited.
39 Terri Buckner said if someone came and asked, it could be revisited.
40 Commissioner Dorosin said he will come on the 27th and ask the board to consider
41 changing the agreement to help those in need.
42 Terri Buckner said now that the tiered rate structure has been adopted, the round up
43 system for Taste of Hope does not go as high. She said the goal is now to look at a sliding
44 scale for the Taste of Hope program.
45 Commissioner Dorosin said the Board has been talking about poverty, and the cost of
46 utilities is part of the challenge of addressing this.
47 Terri Buckner said the real need is in the multi - family housing. She said this has group
48 metering and the owner divides the cost, which puts it beyond OWASA's call.
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50 c. Resolution Acknowledging February 25, 2014 as Spay Neuter Day in Orange
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County
The Board considered a resolution declaring February 25, 2014 as "Spay Neuter Day" in
Orange County and authorizing the Chair to sign.
Bob Marotto, Director of Animal Services and Michelle Walker, Chair of ASAB asked the
Board to consider a resolution acknowledging February 25, 2014 as "Spay Neuter Day" in
Orange County. He said the issue of pet overpopulation is a priority for Animal Services and
work has been done to develop a strong proactive and effective spay neuter program. He said
the outcome has been the spaying and neutering of 417 cats and dogs in Orange County in
2013. He said this program serves the community as a whole and the community in need. He
noted that number of animals admitted each year to the Animal Services Center has declined
over the past 9 years from 4,500 to a historic low of 3,207.
Michelle Walker read the following resolution:
RES- 2014 -010
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
SPAY NEUTER DAY RESOLUTION
WHEREAS, cats and dogs provide companionship to and share the homes of thousands of
individuals in Orange County; and
WHEREAS, the problem of pet overpopulation costs the taxpayers of Orange County hundreds
of thousands of dollars annually through animal control and sheltering programs aimed at
coping with unwanted and homeless cats and dogs; and
WHEREAS, humane societies and shelters throughout the country have to euthanize
approximately four million cats and dogs each year, although many of them are healthy and
adoptable, due to the lack of critical resources such as money, space, and good adoptive
homes; and
WHEREAS, the Animal Services Advisory Board and the Animal Services Department have
made correcting pet overpopulation a priority, and prepared Managing Pet Overpopulation: A
Strategic Plan for Orange County; and
WHEREAS, spaying and neutering cats and dogs, among other animal companions, has been
shown to drastically reduce overpopulation; and
WHEREAS, Animal Services has partnered with AnimalKind and the Department of Social
Services to offer "low cost" and "no cost" spay and neuter services for pets of qualifying Orange
County residents; and
WHEREAS, veterinarians, animal care and control organizations, animal welfare organizations,
and private individuals have joined together again this year to advocate and support the spaying
and neutering of companion animals on "Spay Neuter Day 2014 ";
NOW THEREFORE BE IT RESOLVED by Orange County that February 25, 2014 is declared
"Spay Neuter Day ", and the Board of County Commissioners calls upon the people of the
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1 County to observe the day by having their own cats or dogs spayed or neutered or by
2 sponsoring the spaying or neutering of another person's cat or dog.
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4 THIS THE 18th OF FEBRUARY, 2014.
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6 Commissioner McKee arrived 7:53 pm.
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8 A motion was made by Commissioner McKee, seconded by Commissioner Rich to
9 approve a resolution declaring February 25, 2014 as "Spay Neuter Day" in Orange County and
10 authorize the Chair to sign.
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12 VOTE: UNANIMOUS
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14 5. Public Hearings
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16 a. Unified Development Ordinance Text Amendment Related to Home
17 Occupations — Public Hearing Closure and Action (No Additional Comments
18 Accepted)
19 The Board received the Planning Board recommendation, considered closing the public
20 hearing, and considered a decision on a Planning Board and Planning Director initiated text
21 amendment to the Unified Development Ordinance (UDO).
22 Ashley Moncado said the purpose is to receive the Planning Board's recommendation.
23 She said this was heard in November, and all comments were addressed with modification
24 (noted with green text). She said these text amendments would not take effect until May 1 st of
25 2014, to provide an opportunity for planning staff outreach to Orange County residents
26 regarding the reviewing and permitting of home occupations based on the revised standards.
27 Commissioner Price referred to the phrase about "suitable residential construction
28 materials." She asked if it is reasonable to put this in, considering what the state has said
29 about local municipalities and counties being able to regulate appearances.
30 Ashley Moncado said there are no official standard changes based on official statute.
31 She said this is just discussion at this time, but it is on their radar and would need to be
32 addressed if those changes take place at the state level.
33 Chair Jacobs asked if it could be assumed that existing structures would be treated
34 differently than new structures.
35 Ashley Moncado said those would be grandfathered in.
36 Chair Jacobs said there had been discussion of defining non - profits as 501 -c -3. He
37 asked if this was included.
38 Ashley Moncado said this was revised and it is included on page 18. She said this was
39 not highlighted in green, but it has been included in the amendments.
40 Michael Harvey addressed Chair Jacobs earlier question. He said the non - conforming
41 section of the UDO says that any land use legally permitted, made non - conforming by text
42 amendment, can continue in its approved state until such time as its use is expanded. He said
43 if the home occupation is expanded above a certain percentage, the occupant will then have to
44 be in compliance with the code.
45 Commissioner Gordon referred to past discussions of the uses not permitted. She
46 noted that these uses are no longer prohibited. She asked for the original reason for exclusion
47 and the balancing provisions that then made them acceptable.
48 Ashley Moncado that these were always in the UDO as uses not permitted and this was
49 not a topic until the eleventh hour. She said there was then discussion to allow these uses; and
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1 the planning board was willing to allow them, but there were limits put in place to prevent them
2 from being an intrusion to neighbors.
3 Commissioner Gordon asked how these changes are different for major home
4 occupations versus minor home occupations.
5 Ashley Moncado said this means less employees, less clients, smaller accessory
6 structures, lower traffic counts and less dwelling use for the minor home occupations. She said
7 the major home occupations would allow for more in each of these areas.
8 Commissioner Gordon asked about the differences in outside storage structures.
9 Ashley Moncado said this has remained the same, at 500 square feet for major and
10 minor. She said the traffic counts are not to exceed 20 for minor home occupations and 50 for
11 major home occupations.
12 Commissioner Gordon asked about delivery trucks.
13 Ashley Moncado said these are not counted, and there is no limit.
14 Commissioner Price asked for the rationale of 80 feet as a setback amount. She asked
15 if it was possible to go down to 60 feet.
16 Ashley Moncado said 80 feet was the minimum setback for those zoning districts. She
17 said the least amount would be 40 feet and the concern was doubling this to keep that
18 protective buffer.
19 Commissioner Price said she is concerned that this is making life more difficult for those
20 wanting to start a home business.
21 Ashley Moncado said 40 feet is the setback for the accessory structure, but the 80 feet
22 is the setback to be exempt from screening requirements.
23 Commissioner Price asked if this requirement can be lessened.
24 Ashley Moncado said there is always the option for a variance if a hardship can be
25 identified.
26 Commissioner Price said she was wondering if it could be lessened in the UDO, before
27 the need for a variance.
28 Ashley Moncado said this could be done.
29 Commissioner Pelissier said she does not understand why vegetation is required around
30 accessory structures when the accessory structure is already required to be built of materials
31 similar to a residence. She said this seems to mean that it must be shielded just because it is
32 used as a business, even if it looks like a house.
33 Ashley Moncado said this was meant to reduce the visual impact of introducing a
34 secondary usage on to a piece of property. She said this may also reduce noise impacts.
35 Commissioner Rich noted that the planning board passed the recommendation 7 -1.
36 She asked if the person who voted against it had a strong objection to anything in particular.
37 Ashley Moncado said this person had concerns regarding the application fee,
38 enforcement, and the standards limiting economic development in Orange County.
39 Commissioner Gordon said there is a balance between allowing expansion in home
40 occupations and maintaining the existing residential character of the area. She said some
41 businesses could create noises and other impacts, and the required setbacks are not that large.
42 She said the balance is between allowing some non - residential use without disturbing the
43 people already there. She said she is concerned about the noise and other impacts of some of
44 the construction businesses.
45 Commissioner McKee said he agreed with Commissioner Gordon because it is a
46 balancing act. He noted that the 40 foot setback is the size of the current meeting room. He
47 said the goal is to improve the availability of the activity without throwing out all the rules.
48 Commissioner Price said if you consider some of the benign businesses that are located
49 in offices made of the same material as your house, she does not understand why the expense
50 of a fence or shield plants is necessary. She is thinking of the residents in clustered areas or
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1 cul -de -sacs that don't allow a lot of room. She said many of the businesses will make less
2 noise than the kids in the neighborhood. She feels a lot of hardship is being put on these
3 businesses by requiring the screens.
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5 A motion was made by Commissioner Price, seconded by Commissioner McKee to
6 close the public hearing.
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8 VOTE: UNANIMOUS
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10 Commissioner Dorosin said the more traditional zoning distinguishes between types of
11 uses. He suggested that this ordinance might also have more specifically tailored home
12 occupations and would account for variances in impact, such as less noise, or less light. He
13 said the home occupation could be matched with the requirements.
14 Commissioner Rich agreed with this. She said it is important to know what a business is
15 before applying standards like sheltering.
16 Perdita Holtz said the Planning Department is trying to make the standards fit for all
17 different types of home occupation uses. She said historically, zoning ordinances in
18 municipalities just lump home occupations into one category. She said Orange County is
19 actually being very progressive by having the major and minor distinctions, and these standards
20 are being liberalized by these proposed amendments. She said it is possible to look at different
21 things and come back, but this will be a trade off.
22 Michael Talbert said since there are a lot of comments on this by the Board, it may be
23 best to send this back to the planning board with the Board of County Commissioners'
24 comments.
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26 A motion was made by Commissioner Gordon, seconded by Commissioner Price to
27 refer this back to the planning board to review BOCC comments.
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29 Commissioner Dorosin said it is important, when these home occupations are a source
30 of neighborhood controversy, it is to the County's advantage to make the process very clear.
31 Commissioner Gordon said she would like for the planning board to think about adding
32 standards for traffic impacts. She said the building trades have the potential to have large
33 impacts, and she would like for this to be addressed.
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35 VOTE: UNANIMOUS
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37 b. Safe Routes to School (SRTS) Strategic Action Plan — Continuation of Public
38 Hearing to April 15, 2014
39 The Board continued the public hearing on the Safe Routes to School (SRTS) Strategic
40 Action Plan required for implementing a Safe Routes to School program in Orange County to
41 April 15, 2014.
42 Abigaile Pittman said they would like to extend the public hearing in order to receive
43 more comments.
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45 A motion was made by Commissioner Dorosin, seconded by Commissioner Pelissier to
46 open the public hearing, and continue the hearing by adjourning it to April 15, 2014.
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48 VOTE: UNANIMOUS
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50 6. Consent Agenda
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Removal of Any Items from Consent Agenda
- Item 6 -g was removed for discussion
• Approval of Remaining Consent Agenda
A motion was made by Commissioner Pelissier, seconded by Commissioner Rich to
approve the remaining items on the consent agenda.
VOTE: UNANIMOUS
• Discussion and Approval of the Items Removed from the Consent Agenda
- 6 -g. Approval of Contract to Purchase Real Property — Triangle Land Conservancy
Jeff Thompson showed the Board four pictures of simulated plaques. He said he chose
a facility built in the past in order to show plaques with past and present seated Board of County
Commissioners, as well as the manager, at approval and completion. He noted the second
example replaces the newly approved logo with the County seal. He noted the third and fourth
examples list only those Commissioners serving at the time of completion.
Commissioner Gordon gave a hand out to the Commissioners. She said she had taken
the plaque outside the door of the meeting facility they were meeting in tonight and revised it to
show what would be included on a plaque if the Board adopted what she has proposed in the
policy. She suggested the Board should decide what they want included on the plaques and
then ask staff to come back with a design. She suggested that the design issues should not be
decided tonight.
She reviewed the following email, which described a proposed revision to the policy.
The Board discussed the policy, including an additional question with regard to potential
changes to section 2.a.i.
0
Here is a proposed revision to the Commemorative Plaque Policy that I am suggesting for
consideration tonight. I did discuss the changes with the Manager to make sure they were
technically correct. The changes from the version in the agenda packet include the following:
In section 2 -a -ii - To the list of characteristics included on the plaque are added the date and
the names of any former Commissioners in office at the time the project was approved.
Deleted is the reference to unveiling, since staff said that was acceptable.
In sections 2 -b -ii and 2 -c -ii, it is indicated that the size would be approximately 24" x 24" or
larger (if appropriate).
Alice Gordon
Given below is the revised policy proposed by Commissioner Gordon (with changes approved
by the Board)
ORANGE COUNTY POLICY FOR CRAFTING AND INSTALLING COMMEMORATIVE
PLAQUES FOR COUNTY OWNED BUILDINGS AND FACILITIES
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The following policy (and related procedures) shall apply to the crafting and installation
of commemorative plaques honoring County owned facilities.
1. Facility is defined as:
a. a newly constructed County owned building, park facility, or recreation facility
as outlined in the County Capital Investment Plan; or
b. a major renovation to an existing Facility in excess of $1,000,000 in capital
project funds appropriated by the Board of County Commissioners.
2. The following commemorative plaque characteristics shall be required:
a. General characteristics for all commemorative plaques:
i. The Board approved County 4)ga seal shall be placed at the top of
each inscription.
ii. The plaque will include 1) the name of the project and the date;
2) the names of the members of the Board of County Commissioners
(BOCC) seated at the time of the completion of the project, plus the
names of any former Commissioners in office at the time the project
was approved; 3) the elected Chair and Vice -Chair designations for
the BOCC seated at the time of the completion of the project; and 4)
the County Manager at the time of the completion of the project; 5)
the Designer of Record for the project; and 6) the General Contractor
for the project.
iii. The Board appropriated funds within the Capital Investment Plan will
cover the cost of the commemorative plaque for that facility.
b. For County buildings and qualifying building renovations:
i. The commemorative plaque shall be constructed of durable anodized
aluminum with a bronze finish;
ii. Sized approximately 24" x 24 ", or larger if appropriate;
iii. Mounted upon an interior surface away from the effects of weather;
c. For County parks and recreation facilities
i. The commemorative plaque shall be constructed of durable wood,
metal, or stone material;
ii. Sized approximately 24" x 24 ", or larger, dependent upon the overall
facility design;
iii. Mounted upon an exterior surface in the manner of an all- weather
ground, sign, or structure mounted design.
3. Additional commemorative item design and construction for any County owned
facility (such as a time capsule or other archival element) shall be directed at the
discretion of the Board of County Commissioners.
A motion was made by Commissioner Gordon, seconded by Commissioner Price to
approve her substitute commemorative plaque policy, as stated on the peach sheet.
Commissioner McKee made a friendly amendment to propose using the county seal
instead of the county logo and Commissioner Gordon accepted.
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2 VOTE: 6 -1 (Commissioner Rich)
3
4 a. Minutes
5 The Board approved the minutes from November 25 and December 10, 2013 as submitted by
6 the Clerk to the Board.
7 b. Fiscal Year 2013 -14 Budget Amendment #5
8 The Board approved budget and capital project ordinance amendments for fiscal year 2013 -14
9 for the Department on the Environment, Agriculture, Parks and Recreation; Department of
10 Social Services; and Department on Aging.
11 c. Fiscal Year 2013 -14 Budget Amendment #5 -A — Plan for Use of Enhanced Medicaid
12 Administration Funds
13 The Board approved the plan from the Department of Social Services (DSS) to utilize enhanced
14 reimbursements for Medicaid administration for Fiscal Year 2013 -2014, including consideration
15 of Budget Amendment #5 -A and a request for time - limited staff, additional technology /computer
16 equipment, staff overtime and building changes.
17 d. Approval of Expanded Cane Creek Fire Insurance District Map
18 The Board approved the Cane Creek Fire Insurance District Map which has been expanded to
19 include properties within six (6) road miles of Orange Grove Volunteer Fire Company Station 3.
20 e. Southern Library Site Selection Due Diligence Process Update — Butler Property Due
21 Diligence Agreement
22 The Board considered the Due Diligence Authorization Agreement between Orange County and
23 Main Street Properties of Chapel Hill, LLC; and authorized the Chair to sign pending final
24 approval by the County Attorney.
25 f. Changes in BOCC Regular Meeting Schedule for 2014
26 The Board approved the following two changes in the County Commissioners' regular meeting
27 calendar for 2014:
28 - Changing the official meeting start time of the BOCC's March 18, 2014 regular meeting
29 from 7:00 pm to 6:00 pm at the same location at the Southern Human Services Center
30 in Chapel Hill, NC.
31 - Changing the official meeting start time of the BOCC's April 1, 2014 regular meeting
32 from 7:00 pm to 6:00 pm, at the same location at the DSS Offices, Hillsborough
33 Commons, Hillsborough.
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35 h. Award of Weekly Urban Curbside Recycling Service Agreement
36 The Board awarded a service agreement to Waste Industries, LLC for the provision of
37 weekly curbside recycling services within the Towns of Carrboro, Chapel Hill and Hillsborough
38 to be managed by Orange County Solid Waste Management and authorized the Chair to sign.
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40 7. Regular Agenda
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42 a. Approval of Operations Agreement for the Rogers Road Community Center
43 The Board considered approving the Operations Agreement with Rogers Eubanks
44 Neighborhood Association (RENA) for the day to day operations of the Rogers Road
45 Community Center provided in Attachment 2 and authorizing the Chair to execute the
46 Agreement.
47 Michael Talbert said things are moving forward toward construction, however the bids
48 came in over budget and there has been an effort to re- design the facility to more realistic
49 specifications. He said the final draft of the operations agreement is up for approval and the
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expectation is that this project will be brought back for Board of County Commissioners
approval later this spring. He reviewed the attachments in their agenda packets.
Michael Talbert said the Operations Agreement between Orange County and the
Rogers Eubanks Neighborhood Association ( "RENA ") was approved by RENA on August 11,
2013. The RENA Board also voted to approve the RENA Business Plan (Attachment 3 in
packet) for the operation of the Neighborhood Community Center. Highlights of the Operations
Agreement are as follows:
• Original term of the Agreement is 5 years, with renewal of for up to four (4) additional five
(5) year terms
• Provide a full schedule and updates, as they become available, of all activities and
programs at the Center
• RENA will operate and staff the Center Monday through Friday 10:00 a.m. to 7:00 p.m.
and Saturday from 10:00 a.m. to 6:00 p.m.
• RENA shall maintain the Center facilities in a clean and orderly state
• The Center shall be used for the operation of a community and recreation center open to
the general public and all other uses reasonably related thereto
• RENA may charge fees for programs and services at or involving the Center. Any such
fees shall not exceed the cost of providing such programs and services
• RENA will enforce County policies
• RENA and County agree to hold annual evaluation review meetings to assess the
success and direction of the operation of the Center
Michael Talbert said there was one difference discovered today between the operating
plan of RENA and the agreement. He said RENA plans to allow classes, and these will be
provided by private contractors, such as the Orange County Literacy Council, which will provide
ESL classes. He said this is slightly outside of their scope of business, but the classes will be
scheduled periodically. He said RENA is happy with the normal daily hours, and the outside
agencies that use the facility for educational purposes will schedule it through the County's web
page.
Commissioner Gordon asked for the location of the changes in the agreement.
Michael Talbert said these can be found on page 6 of the business plan or on page 24
of the abstract. He said the operating hours are on page 3 of attachment 1.
Commissioner Gordon asked if these hours would be changed.
Michael Talbert said the agreement will stay as is, and when outside agencies come in
to do classes, they will reserve it through the County.
Commissioner Gordon said her impression was that the Board was just approving the
agreement, and not the business plan or lease agreement.
Michael Talbert said that is correct and the other information is just background
information.
Commissioner Price left at 8:39.
PUBLIC COMMENT:
Reverend Robert Campbell said he encourages the Board to move forward with this
plan tonight. He said there is an opportunity here to do something for an underserved
community. He said, with the diversity in this community, this is an opportunity to continue to
bring different cultures together and mold future leaders. He said this will reach outside the
borders of this community.
17
1 Pam Hemminger said she would like to encourage the Board to continue moving this
2 process forward. She said this has been a lengthy process, and there are a number of reasons
3 for this; but the community it not seeing anything happening, because there is nothing on the
4 ground. She said this will be a wonderful community asset, and there will be bumps, but they
5 can be worked out. She said the County made a commitment to move forward with this project
6 and she asked them to please do so. She is not sure what the towns will do, but she said the
7 County needs to move forward on their commitment and get this built. .
8 Commissioner McKee said this is an example of neighborhood folks helping themselves,
9 and there is no reason not to have this agreement in place to allow for operations planning.
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11 A motion was made by Commissioner Gordon, seconded by Commissioner Pelissier to
12 approve the Operations Agreement with Rogers Eubanks Neighborhood Association (RENA)
13 for the day to day operations of the Rogers Road Community Center provided at Attachment 2
14 and authorize the Chair to execute the Agreement.
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16 VOTE: UNANIMOUS
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18 Commissioner Dorosin asked if the Habitat lease has been signed.
19 John Roberts said yes, and he asked for confirmation from the County manager.
20 Michael Talbert said it has been signed.
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22 b. Whitted Permanent Meeting Room Update
23 The Board received an update on the bid award for the Whitted Permanent Meeting
24 Room; and considered authorizing the County Manager to execute change orders for the
25 project up to the project budget.
26 Jeff Thompson reviewed the background information from the abstract. He said nine
27 firms had submitted bids in December, and Lomax Construction was awarded the bid. He said
28 Lomax is slightly ahead of schedule, even with the weather. He said this is a 120 day contract,
29 pending good weather. He said this may get the Commissioners in by the time of the last
30 meeting in June.
31 Commissioner Dorosin said the tabulation sheet in the presentation denotes that the
32 awarded bid was from Greensboro, and he would like to know where the rest of the bidders
33 came from. He asked if the bidding process could include a preference for local contractors.
34 John Roberts said this cannot be done. He said there is no statutory authority to do this,
35 and the award has to be to the lowest responsible, responsive bidder.
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37 A motion was made by Commissioner McKee, seconded by Commissioner Dorosin to:
38 1) Receive an update on the bid award for the Whitted Permanent Meeting Room; and
39 2) Authorize the County Manager to execute change orders for the project up to the
40 project budget.
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42 VOTE: UNANIMOUS
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44 c. Approval of Contract to Purchase Real Property — Triangle Land Conservancy
45 The Board considered approval of a contract to purchase 2.6 acres at 686 Erwin Road
46 from Triangle Land Conservancy (TLC) for the future Hollow Rock Access Area and New Hope
47 Preserve and authorizing the Chair to sign, subject to final review by staff and County Attorney.
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49 Rich Shaw reviewed the following background information from the abstract:
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IN
I In 1992, Orange County, Chapel Hill, Durham County and the City of Durham adopted the New
2 Hope Corridor Master Plan, which called for preservation of lands along the New Hope Creek
3 corridor, from central Orange County to Jordan Lake. The master plan envisioned a public trail
4 network with a number of "access areas" at strategic locations, including the Hollow Rock
5 Access Area at the intersection of Erwin Road and Pickett Road.
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7 The planned Hollow Rock Access Area is a 75 -acre site comprised of multiple land parcels
8 owned separately by Orange County, Durham County, the Town of Chapel Hill and the Triangle
9 Land Conservancy. The site straddles the Orange- Durham county line and New Hope Creek
10 flows from north to south along the western boundary.
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12 The site was acquired in a series of separate land transactions from 2001 through 2008. The
13 Triangle Land Conservancy (TLC) purchased the first two acres in 2002, and then advocated
14 for further acquisitions by local government partners. Orange County purchased four parcels
15 from different entities from 2005 through 2007 with the help of state grants made possible by
16 TLC. The purchase of a 43 -acre tract from Duke University by Durham and Orange counties
17 and the Town of Chapel Hill was completed in 2008 with funding assistance from City of
18 Durham, the State of North Carolina, and the Erwin Area Neighborhood Group (EANG). The
19 State grants require that portions of the site be protected with permanent conservation
20 easements.
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22 In 2006, the four local governments signed an interlocal agreement for the acquisition, planning
23 and operation of the Hollow Rock Access Area, and also established a Hollow Rock Master
24 Plan Committee, co- chaired by Commissioner Barry Jacobs and including Commissioner Alice
25 Gordon. The Committee worked over an 18 -month period to develop a master plan that was
26 adopted by all four local government partners in 2009 -10. Orange County adopted the plan on
27 April 20, 2010.
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29 The Triangle Land Conservancy (TLC) has been involved in the project since its inception, but it
30 is now ready to convey its portion of the property for an addition to the public recreation area.
31 TLC has offered to sell its 2.6 -acre parcel (686 Erwin Road) to the County for $66,013 plus
32 transaction costs. TLC purchased the property in 2001 for $132,000 with help from a grant from
33 the NC Clean Water Management Trust Fund. The current tax value is $211,915 ($144,846
34 land; $67,069 buildings). The proposed purchase price would be a "bargain sale ".
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36 Rick Shaw said that grant funds were recently awarded by the state, to Durham County
37 for the development of the Hollow Rock site. He said a new inter -local agreement between
38 Orange and Durham Counties regarding development of the access area will come before the
39 Board in another month or two.
40 Rich Shaw said TLC has signed a contract with Orange County. He said if the Board
41 approves this purchase, the anticipated closing date will occur at the end of April 2014.
42 Chair Jacobs thanked Rich Shaw for the yellow handout and the summary.
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44 PUBLIC COMMENT:
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46 Chad Jemison, Executive Director of TLC, said he is new to this area, and he sees the
47 Triangle growing rapidly. He said one thing that attracted him to coming to the TLC is that the
48 organization recently adopted, in 2011, a strategy for moving forward. He said this is called the
49 public benefits model. He said the 4 public benefits of this are: safeguarding clean drinking
50 water; access to local food and protecting local farm communities; protecting important wildlife
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habitat and natural heritage areas; and connecting people to nature. He said the TLC is in the
midst of the creation of a strategic plan to guide the organization for the next 6 or 7 years and
there is a wonderful history of working on projects with Orange County.
Chair Jacobs expressed appreciation for what the TLC does and their partnership with
Orange County.
Commissioner Gordon also thanked him for coming and said she was one of the
Commissioners who worked on the design of the Hollow Rock access area. She appreciates
this partnership.
A motion was made by Commissioner Rich, seconded by Commissioner Gordon to:
• Approve the purchase of approximately 2.6 acres of land located on Erwin Road from
Triangle Land Conservancy; and
• Authorize the Chair to sign the contract on behalf of the County, subject to final review by
staff and County Attorney; and
• Instruct the County Attorney and staffs from DEAPR (Department of Environment, Agriculture,
Parks and Recreation) and Financial Services to schedule
and complete a closing on the property expected to occur on or before April 30, 2014.
VOTE: UNANIMOUS
8. Reports - None
9. County Manager's Report
Michael Talbert said he wanted to inform the Board that the letters for the proposed
solid waste service district have gone out. He clarified the fact that a press release had gone
out with reference to the letter and links on their website to the map and the solid waste district
report.
10. County Attorney's Report
John Roberts informed the Board there would be an agenda item on the March 18th
agenda asking the Board to approve submission of a local bill that would authorize the boards
of commissioners of both Durham and Orange County to appoint a commissioner to the
Durham Technical Community College Board of Trustees. He informed them a similar bill was
passed in the last legislative session for Ashville /Buncombe Community College.
11. Appointments
a. Adult Care Community Advisory Committee — Appointment
The Board considered an appointment to the Adult Care Community Advisory
Committee.
A motion was made by Commissioner Gordon, seconded by Commissioner McKee to
appoint Mr. James Bartow to the Adult Care Community Advisory Committee in position 11 (At-
Large- Partial Term) with the term expiring 10/31/2014.
VOTE: UNANIMOUS
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b. Animal Services Advisory Board —Appointments
The Board considered appointments to the Animal Services Advisory Board.
A motion was made by Commissioner Pelissier seconded by Commissioner Rich to:
Appoint to a first full term for Ms. Caroline Green in position 7 (At- Large) with an
expiration date of 6/30/2016.
Appoint to a partial term for Mr. Marshall Gray in position 10 (Animal Advocate) with an
expiration date of 6/30/2014
Appoint to a first full term for Dr. Beth Grooms in position12 (Certified Animal
Handler /Trainer /Tech) with an expiration date of 6/30/2016.
VOTE: UNANIMOUS
12. Board Comments
Commissioner Dorosin- none
Commissioner McKee said he appreciates the availability of information regarding the
tax district on the website.
Commissioner Rich thanked the Board for allowing Terminators 2 to come and make
their presentation tonight.
Commissioner Pelissier — none
Commissioner Gordon gave a report on the Durham Chapel Hill Carrboro Metropolitan
Planning Organization Transportation Advisory Committee Meeting (DCHC- MPO — TAC)
meeting. She said the main topic was the prioritization 3.0 approval process. She said this is
the approval process for development of the State Transportation Improvement Program. She
said the submission of the MPO's Highway projects and Bicycle and Pedestrian projects was
approved in January. She said the submission of rail and additional transit projects was
approved at the February meeting. She said the MPO is also working with the division
engineers to come up with other projects for submission. She said the TAC also endorsed the
submission of an additional bike and pedestrian project on Mount Carmel Church Road, which
is a statewide bicycle route
She said the MPO Memorandum of Understanding is proceeding, but it is not finalized
yet, as various jurisdictions had some questions.
Commissioner Gordon said she had attended the memorial service and reception for
former Durham County Commissioner Becky Heron.
Chair Jacobs urged Board members and the public to attend the agricultural summit
next Tuesday, February 25 at 8:30 at the Maple View Educational Center.
13. Information Items
February 4, 2014 BOCC Meeting Follow -up Actions List
BOCC Chair Letter Regarding Petitions from January 23, 2014 Regular Board Meeting
BOCC Chair Letter Regarding Petitions from February 4, 2014 Regular Board Meeting
14. Closed Session None
15. Adjournment
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A motion was made by Commissioner Gordon, seconded by Commissioner Rich to adjourn
the meeting at 9:10.
VOTE: UNANIMOUS
Donna S. Baker, CMC
Clerk to the Board
Barry Jacobs, Chair