HomeMy WebLinkAboutAgenda - 12-09-2014 - 6a
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ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date:December 9, 2014
Action Agenda
Item No.6-a
SUBJECT:
MINUTES
DEPARTMENT:PUBLIC HEARING: (Y/N)No
ATTACHMENT(S):INFORMATION CONTACT:
Donna Baker, 245-2130
Draft Minutes
PURPOSE:
To correct and/or approve the minutes as submitted by the Clerk to the Board as
listed below:
October 21, 2014BOCC 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 Managerrecommends the Board approve minutes as
presented or as amended.
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Attachment 1
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DRAFTMINUTES
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BOARD OF COMMISSIONERS
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REGULAR MEETING
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October 21, 2014
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7:00 p.m.
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The Orange County Board of Commissioners met in regular session on Tuesday,
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October 21, 2014 at 7:00 p.m. at the Southern Human Services Center, inChapel Hill, N.C.
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COUNTY COMMISSIONERS PRESENT
: Chair Jacobs and Commissioners Mark Dorosin,
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Alice M. Gordon, Earl McKee, Bernadette Pelissier, Renee Price and Penny Rich
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COUNTY COMMISSIONERS ABSENT
:
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COUNTY ATTORNEYS PRESENT
: John Roberts
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COUNTY STAFF PRESENT
: County Manager Bonnie Hammersley, Assistant County
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Managers Clarence Grier, Cheryl Young and Clerk to the Board Donna Baker (All other staff
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members will be identified appropriately below)
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NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
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AGENDA FILE IN THE CLERK'S OFFICE.
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Chair Jacobs call the meeting to order at 7:01 p.m.
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1.Additions or Changes to the Agenda
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Chair Jacobs reviewed the following list of items at the Commissioner’s places:
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-PowerPoint–Item 7C-Central and Rural Orange County Five-Year Bus Service
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Expansion Program –Orange Public Transportation
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-PowerPoint -Item 7D-Major Subdivision Preliminary Plat Application –Pleasant Green
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Woods Phase IV
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-PowerPoint -Item 7E-Major Subdivision Preliminary Plat Application –Stroud’s Creek
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PUBLICCHARGE
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The Chair dispensed with the reading of the public charge.
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2.Public Comments
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a.Matters not on the Printed Agenda
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Don O’Learysaid he wanted to give some words of encouragement about what can be
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done about fluoride. He read a portion of a document from the state assembly, and he said the
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Board of County Commissioners has authority over water departments and canrevoke their
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licensing if they put drugs like fluoride in the water.
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b.
Matters on the Printed Agenda
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(These matters will be considered when the Board addresses that item on the agenda
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below.)
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3.Petitions by Board Members
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Commissioner Pelissier petitioned fora presentation by staff regardingalternatives to
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septic systems onsitesor on lots. She would like to see options that allow more clustering and
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more open space.
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Commissioner Dorosin said he wanted to check in on hisresolution regarding the
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placement ofimmigrant childrenin schools.
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Bonnie Hammersleysaid she will check on this and get back to theBoard.
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Commissioner Gordonread the following petition:
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Petition -Global Climate Change -Oct. 21, 2014
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Petition that the Board of County Commissioners consider for adoption at one of its regular
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meetings in November (November 6 or 18) a resolution concerning global climate change which
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outlines reasons for concern about climate change andincludes action statements endorsing
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ways that Orange County can "think globally and act locally," both as a local government and as
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individuals who live in Orange County.
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I would like to help provide the wording for such a resolution.
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Submitted by Alice Gordon
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4.Proclamations/ Resolutions/ Special Presentations
-NONE
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5.Public Hearings
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a.North Carolina Department of Transportation Rural Operating Assistance Program
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(ROAP) Grant Application for FY 2015
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The Board conducteda public hearing for the NCDOT Rural Operating Assistance
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Program (ROAP) grant and consideredapprovingthe annual FY 2015 ROAP grant application
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and certified statementand authorizingthe Chair, Manager and Finance Officer to sign.
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Peter Murphy said this is an annual program,andthe amount isslightly lower this year
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due to the change of the County’s urban status. He said more of the territory is urban, so it is
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expected that more funding will come from other sources in the future.
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He reviewed the following information from the abstract:
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Background: The North Carolina Department of Transportation, Public Transportation Division
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designates Rural Operating Assistance Program (ROAP) funds each fiscal year to Orange
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County. ROAP consolidates the Elderly/Disabled Transportation Assistance Program (EDTAP),
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the Employment Program (EMPL), and the Rural General Public (RGP) Program into a single
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application package. These ROAP funds allow Orange County to continue providing the above
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mentioned programs from July 1, 2014 through June 30, 2015. The amounts being made
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available for each respective program for FY 2015 are:
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Program Amount
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Elderly/Disabled Transportation Assistance Program (EDTAP) $73,344
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Employment Transportation Assistance Program (EMPL) $30,893
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Rural General Public Program (RGP) $70,085
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TOTAL
$174,322
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Commissioner Dorosin asked for an explanation ofthe employment transportation
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assistance program.
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Peter Murphy said it is an assistanceprogram to get people to work training programs
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that will potentially place them into jobs. He said it mostly involves running vans or buses. He
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said if the funding for this is not exhausted it is rolled into either of the other two categories.
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Commissioner Dorosin asked if a program could be developed to assist people in
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gettingvehicles.
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Chair Jacobs said theCountyused to have a program called Wheels to Work.
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Nancy Coston said this has been discussed recently. She said several programs like
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this have been run in the past, and they were very successful. She said there is alittle bit of
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money in the budget to help pay for some of the cost to refurbish vehicles; however, there has
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not been an ongoing funding stream to help with the costs
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Commissioner Dorosin asked if this money could be used for that.
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Nancy Coston said no. She said the rules have changed,and the recipientshave to be
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transitioning out of Work First. She said the funds are to help with rides or to help pay mileage
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costs for people who have a car. She said it is not to be used for purchasing a car.
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Peter Murphy said these funds can also be used to purchase bus passes.
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Commissioner Price asked if there is any expected impact on ridership as a result of the
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change in the Rural General Program (RGP) funds for the route 420mid-day service.
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Peter Murphy said this is something to watch carefully because urban related
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transportationcosts cannot be assigned to the ROAP funds. He said staff is researching other
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funds to make up for this.
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Commissioner Pelissier askhow these rural funds will be used and how it fitsin with the
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County’s other transportation plans.
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Peter Murphy said some ofthe routesare eligible for RGP. He said the public needs to
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be made well aware of the public routes that are available, and staff is working on this. He said
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if a route is open to the general public,it is considered RGP.
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Commissioner Pelissier said theBoardseesthis every year. She said in future she
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would like to see a report showing how many people use this service from the ROAP funds, and
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how many people are being served with the half cent sales tax. She would like to know who is
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being served.
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Commissioner Price asked if a resident in the southern rural part of the County would be
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able to come up to Hillsborough. She asked if the Durham urbanized area cuts into this.
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Peter Murphy said this could be done. He said the important part is to assign howmany
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miles are being done in rural versus urban, and the rural miles must be higher. He said you can
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pick up in bothsets of milesas a combination as long as the rural miles arehigher.
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PUBLIC COMMENT:
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NONE
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A motion was made by Commissioner McKee,seconded by Commissioner Price to
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close the public hearing,
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VOTE: UNANIMOUS
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A motion wasmade by Commissioner Pelissier, seconded by Commissioner Price to
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$174,322
approve the application for Rural Operating Assistance Program funds totaling for FY
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2014-2015; andauthorize the Chair, County Manager and County Finance Officer to sign the
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CertifiedStatement of Participation.
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VOTE: UNANIMOUS
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6.Consent Agenda
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Removal of Any Items from Consent Agenda
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Items 6-c-Fiscal Year 2014-15 Budget Amendment #2,and 6-i-Interlocal Agreement
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for the Reimbursement of Expenditures,were removed from the consent agenda for discussion.
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Approval of Remaining Consent Agenda
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A motion was made by Commissioner McKee,seconded by Commissioner Rich to
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approve the remaining items on the agenda.
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VOTE: UNANIMOUS
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a.Minutes
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The Board approvedthe minutes from September 11 and 16, 2014 as submitted by the Clerk to
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the Board.
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b.Resolution for Incorporating Gender Neutral Language that Supports the Policies,
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Goals and Objectives of Orange County
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The Board approveda Resolution, which is incorporated by reference,for Incorporating Gender
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Neutral Language that Supports the Policies, Goals and Objectives of Orange County and
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authorizedthe Chair to sign.
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d.Applicationfor North Carolina Education Lottery Proceeds for Orange County
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Schools (OCS) and Contingent Approval of Budget Amendment # 2-A Related to OCS
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Capital Project Ordinances
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The Board approvedan application to the North Carolina Department of Public Instruction
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(NCDPI) to release proceeds from the NC Education Lottery account related to FY 2014-15
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debt service payments for Orange County Schools (OCS), and to approve Budget
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Amendment#2-A (amended School Capital Project Ordinances), contingent on the NCDPI’s
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approval of the application and authorizedthe Chair to sign.
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e.Orange County SportsPlex Lobby Budget Amendment #2-B
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The Board approvedBudget Amendment #2-B re-purposing appropriated SportsPlex funds for
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improved ice skate compatible flooring and restroom partitions.
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f.Triangle Regional Water Supply Plan –Resolution of Support
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The Board approvedand authorizedthe Chair to sign a Resolution of Support for the Triangle
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Regional Water Supply Plan (TRWSP).
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g.Board of Commissioners Meeting Calendar for Year 2015
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The Board approvedthe regular meeting schedule for the Board of CountyCommissioners for
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calendar year 2015.
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h.Request for Additional Temporary Staff to Assist with Public Assistance Cases and
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Approval of Budget Amendment #2-C
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The Board approvedBudget Amendment #2-C for the acceptance of $56,259 in additional
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revenue for Social Services, and approveduse of the funds to hire temporary staff to work in
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public assistance.
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Discussion and Approval of the Items Removed from the Consent Agenda
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6-cFiscal Year 2014-15 Budget Amendment #2
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Commissioner Price askedfor an explanation of who is paying what to whom.
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Paul Laughton said Alan Clappis here from Environmental Health to explain this. He
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said these fees have not been increased since 2005, and the current fees were only authorized
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to charge for the cost of the kits and the mailing. He said these are now authorized to do more
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than that and collect more of the overhead cost. He said this is the reason for a larger increase
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in the lab fee.
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Allan Clappsaid the increase was a result of the approved state budget authorizing the
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state lab to recoup their fees commensurate with the new well sample. He said the County cost
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has increasedby $20 just to get the bottle to take the sample.
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Commissioner Priceasked about the $25fee that is listed.
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Allan Clapp said that is the fee that is currently charged tothe public,andit will go up to
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$60.
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A motion was made by Commissioner Price,seconded by Commissioner Rich to
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approve the budget ordinance amendments for fiscal year 2014-15.
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VOTE: UNANIMOUS
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6-i InterlocalAgreement for the Reimbursement of Expenditures
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Commissioner Rich thanked John Robertsfor helping the Board by reinstating this. She
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asked if the taxes will be handled the same way the hotel taxes are handled, where some
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monies go to the Visitors Bureau.
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John Roberts said these are the occupancy taxes, and the same restrictions will apply.
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He said these are just occupancy taxes that have notpreviously been collected by the
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companies
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Amotion was made by Commissioner Rich,seconded by Commissioner Price to
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authorizethe Chair to execute an agreement with the Towns of Carrboro, Hillsborough, Chapel
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Hill and various Online Travel Companies (“OTCs”) for the collection and remittance of certain
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occupancy taxes.
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VOTE: UNANIMOUS
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7.Regular Agenda
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a.Community Home Trust Request to Amend Operational Procedures
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The Board consideredapproving proposed procedural changes by Community Home
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Trust.
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Bonnie Hammersley reviewed the following information as outlined in the abstract:
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The Community Home Trust (CHT) is an affordable housing provider whose clientele includes
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first-time homebuyers earning less than 80 percent of the area median income with subsidy
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from the federal HOME program. In May 2014 CEO Robert Dowling submitted a letter
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addressed to the Town of Chapel Hill, the Orange County Board of Commissioners and the
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Orange County HOME Consortium proposing procedural changes to its operations. The
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proposal addresses two (2) issues:
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1. Homebuyers’ limited access to financing; and
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2. CHT’s difficultly in selling homes.
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CHT asserts that its homebuyer mortgage funding from the NC Housing Finance Agency will be
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exhausted in 2015, making it necessary to identify alternative funding sources. To address this
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issue, CHT is proposing to allow lenders to secure their investment with a fee simple interest.
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Currently, CHT can only grant a leasehold interest in the home as collateral. This leasehold
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interest secures the home, but not the land upon which the home is situated. Mr. Dowling
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asserts that this form of collateral attributes to there being only one bank in the region that is
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willing to extend financing to its buyers. While a fee simple interest could potentially result in a
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lending institution foreclosing on the home and the property, CHT homebuyers have never
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surrendered their home to a lender through foreclosure. Historically, CHT has re-acquired
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property at risk of foreclosure and plans to continue this trend.
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To address the issue of difficulty inselling homes, CHT has proposed that it be allowed to sell
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homes that contain federal subsidy through the HOME program to households with an income
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of up to 115% of the Area Median income (AMI), where permissible by US Department of
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Housing & Urban Development (HUD) guidelines. The HOME Program imposes an affordability
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period on projects assisted with HOME funds in order to ensure that HOME investments yield
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affordable housing over the long term. For homebuyer projects such as the Community Home
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Trust, thelength of the affordability period is based on the amount of HOME funds invested in
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the property:
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HOME FUNDS PROVIDED AFFORDABILITY PERIOD
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<$15,0005 years
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$15,000 -$40,00010 years
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> $40,00015 years
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However, the restrictive covenants CHT executes with the County stipulate 99 years of
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affordability. As a result, houses that are originally sold with the assistance of HOME funds that
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are later re-acquired by CHT must be re-sold to a family earning less than 80% AMI. Otherwise,
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CHT must refund the HOME funds invested to the County from the proceeds of the sale.
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FINANCIAL IMPACT:
There is no financial impact regarding the policy allowing CHT to extend
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a fee simple interest in properties sold. However, should the Board approve the proposed policy
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change regarding selling homes to families above 80% AMI where the federal subsidy remains
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in the home, this may reduce the number of low and moderately-low income families served by
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the Orange County HOME Consortium. Notwithstanding this reduction in low income families
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served, the affordability period as mandated by HUD would be met.
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Bonnie Hammersley said there was also request by CHT for the Board to consider a
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charter. She said she is meeting with the local managers to bring a unified recommendation to
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the Assembly of Governments in November.
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Commissioner Gordon asked what would be involved in the charter.
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Bonnie Hammersley said staff islooking at the current Community Home Trust model,
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andthey will be inviting Robert Dowling to meet with them to talk about the current model.
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Commissioner Dorosin asked aboutthe mechanics of the changethat is being
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requested. He asked whetherapproved change will only be effective going forward, or whether
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it will affect homes currently being sold.
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Robert Dowling saidthe HUD guidelines have a much shorter affordabilityperiod than
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the 99 year restrictions CHT imposed on itself. He said the home funds and local funds have a
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much shorter affordability period, and the longest the home funds have is 20 years. He said
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CHT has homes that they put HOMEfunds into 12 years ago, and the HUD funds have been
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met. He said this home nowcannot be sold to anyone above80 percentmedian income,
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because of the self imposed 99 year restriction. He said if this proposed change is approved,
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CHT can widen the window of buyers served. He said no more subsidiescan be put in the
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home, but the funds put in 12 years ago can be left in, and this will allow them to serve people
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at up to115percent of median income.
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Commissioner Dorosin asked if the 115 percent would kick in after the 20 year required
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HUD period elapsed.
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Robert Dowling said that is correct.
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Commissioner Dorosin asked if it would still be bound by 80 percent of median income if
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it were sold today in the federal window.
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Robert Dowling said that is correct.
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Commissioner Dorosin askedif the home could be sold to anyone at the end of the
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period if there were no restrictions beyond the HUD requirements.
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Robert Dowling said CHT is not asking for this;but according to HUD, yes.
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Robert Dowling said this is how things used to be done before the CHT was created.
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He said if the Board says no to this proposal, because the HUD income limits are lower today
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than in 2002, the home is not affordable to people at 80 percent of median income. He said
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this means more subsidies haveto be brought in to make that same home affordable to people
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below 80 percent. He said the approval of this item will allow CHT to sell the home to higher
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income people and stretch out the federal subsidy dollars.
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Commissioner Dorosin asked, if this is approved and a new CHT home goes on the
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market tomorrow, whether that home could be marketed to someone up to 115 percent of
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median income.
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Robert Dowling said if there is subsidy in it, it will need to be below 80 percent for the
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affordability period. He said if a home is sold without subsidy, it can be sold up to 115 percent.
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Commissioner McKee asked for clarification onwhat 80 percentand 115 percentequate
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to in dollars.
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Robert Dowling said this number goes by household size and 80percent for one person
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todaywould be $36,800; for two people it would be $42,000; for three people it would be
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$47,000; and for four people it would be $52,550. He said these numbers are all lower than
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they were in 2002. He said this means that the person who qualified 12 years ago and never
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got a raisewill not qualify today.
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Commissioner Gordon referred to the following email questions from herregarding this
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itemand the replies from Robert Dowling:
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Questions -Oct. 21, 2014 Agenda
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7a-Community Home Trust (CHT)
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Would the homes still be required to be affordable for 99 years?
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For the CHT program, please describe the funding mechanism for providing one home.What
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does it cost Orange County and/ or the Town of Chapel Hill for each home (average cost and
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range of costs)?
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What is the current area median income (AMI)?Please provide a table which shows the AMI
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for households of various sizes, along with 80 % AMI and 115 % AMI.
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If the policy changes are made, is it anticipated that most or all of the houses would then be
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sold to buyers at or close to the 115 % AMI level, thereby reducing the number of low income
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families served?
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Follow-up from Robert Dowling
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1.Yes, CHT will continue to sell homes using a 99 year ground lease and to keep the
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homes affordable for 99 years at either 80% of Area Median Income (AMI) or 115% of
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AMI.According to CHT bylaws and Articles of Incorporation, only 25% of CHT homes
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can be sold to households earning more than 80% of AMI.
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2.I’m not certain if I’m answering this correctly, but the Home Trust home prices range
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from $75,000 to about $155,000.The average price is about $100,000.In fiscal year
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2013-14, CHT sold 40 homes and required an average subsidy of about $14,000 for
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each home.That subsidy may come from the County (HOME funds) or the Town of
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Chapel Hill or from the NC Housing Finance Agency.Due to declining HUD income
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limits, CHT typically is required to add subsidy to most homes that resell. Sixteen
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homes resold in fiscal year 2013-14.
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3.The current HUD Income Limits for 80% AMI and 115% of AMI are as follows:
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1 Person2 Persons3 Persons4 Persons
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80% of AMI$36,800$42,050$47,300$52,550
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115% ofAMI$52,900$60,447$67,994$75,541
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4.As stated above, CHT must sell at least 75% of the homes to households earning at or
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below 80% of AMI. Currently, about 90% of CHT homes are owned by households
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earning 80% of AMI or less.
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Please let me know if there are additional questions we can answer.I know this subject matter
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is a bit dense.
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Thanks,
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RobertDowling
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Commissioner Gordon said her concern is related tothe potential of homesgoing out of
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affordability. She said the point of this program is to sell homes to low income households, and
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115 percent is not low income. She wonders if a more comprehensive approach might be
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better. She said theneeds have shifted over the years,andit would be better to have a unified
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approach to this issuewith all of the entities involved. She is not sure this should be approved
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without a unified approach.
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Commissioner Gordon said her second concern with going to the 115 percent is that
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people who are on fixed incomes and do not make above the median income are paying for this
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in a waywhen they pay taxes. She said if the number is changed to 115 percent, the number
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of homes that can be sold this wayshould be limited to 25 percent.
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Commissioner Dorosin asked if Robert Dowling was planning tojettisonthe25/75
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percent restrictionratio.
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Robert Dowling said no. He said theIRS guidelines restrict the number of homes that
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can be sold above 80 percent, and the maximum allowed is 35 percent.
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Commissioner Rich said the unified answer between the managers is about the charter,
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and it is not about this item. She said this item is being brought to each jurisdictionfor
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individual votes. She said it will be unified if everyone does or does not vote for it. She said the
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charter to will go to all of the managersandlegal departments before it is brought forward.
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Commissioner Price asked about the timeline for the unified charter.
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Bonnie Hammersley said themanagers met last week, and there will be another
th
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meeting with Robert Dowling. She said the goal is to have a status report by the November 19
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Assembly of Governments meeting.
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Commissioner Price said this item seems more immediate, and she is concerned if the
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charter is going to take some time.She said this seems to be an issue that could have been
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anticipated,and this policy change will keep the CHT alive. She asked if the money gained by
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selling at 115 percent can be then put back into the efforts of the CHT.
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Robert Dowling said these two requests are related but not linked. He saidthe fee
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simple request is an enticement for banks to make loans to the buyers. He said the CHT has
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never had a foreclosure, as they would pay off the bank and take the property in order to keep
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the equity that is in the home.
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He said the second part of this is leaving in the subsidy in order to widen the window of
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people who are eligible to purchase the homes. He said there is a struggle to sell homes
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becausethe banks will not lend moneyand because HUD income limits have declined.
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Commissioner Gordon said she understands that the issue tonight is different from the
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charter issue. She said what she wanted to articulate was that the managers could expand
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their discussions to include the related topic.
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Commissioner Rich noted thatHillsborough and Chapel Hill have already voted in favor
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of this proposal.She said the charter has been out for about a year, and the Board saw it at a
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meeting last November.
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A motion was made by Commissioner Dorosin,seconded by Commissioner Price to
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approve the policy changes as requested by Community Home Trust to permit CHT to extend a
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fee simple interest to mortgage lenders and permit homes to be sold to persons up to 115
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percentAMI where permitted by HUD.
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Robert Dowling said the word “unrestricted’ was not used by him, nor was it used by
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Commissioner Dorosin in his motion. He clarified that every time HOMEfunds are put in, the
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County draws up restrictive covenants against that property, specifying that the home will stay
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affordable for 99 years. He said “unrestricted” fee simple interest means that the bank wants
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this covenant to disappear or else it is no good to them. He said this is what is holding some of
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the banks back.
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Chair Jacobs asked if this is part of the motion.
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Robert Dowling said it is not used in Commissioner Dorosin’s wording.
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Commissioner Dorosin askedif would be better to amend the wording.
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Robert Dowling said when this is implemented he wants it to be crystal clear what is
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needed to enticethe banks to lend money.
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Chair Jacobs said if this change is made, he will oppose the motion. He said the CHT
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and the Board agreedto the 99 year restriction to make sure the affordability is assured. He
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said he is fine with making it easier for residents to buy the homes, but doing away with
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affordability is a much more complicated discussion.
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Commissioner Dorosin questioned what would be in place between CHT and abuyer to
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insure long term affordability if covenants are not in place.
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Robert Dowlingsaid the CHT holds all of the deedsand would receive notice if there
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was a foreclosure. He said CHT would step into pay off the bank and take the property back.
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Commissioner Dorosin said if there isno deed restrictions on the property there is
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nothing to prevent the home owner from selling it again.
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Robert Dowling clarified thatthere will always be a restrictive covenant on the property.
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He said if the CHT did not step in to buy the property, then the bank takes it without restriction.
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He said therestrictions are in place, and are only terminated if CHT does not step in to prevent
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a foreclosure. He said the banks will only lend with no restrictions. He said he was not
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suggesting that they forego the 99 year affordability.
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Chair Jacobs asked about the possibility of an affordable housing bond that includes
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setting aside $1 million for loans to CHT buyers so that banks do not have to be involved.
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Robert Dowling said this s a good idea.
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Commissioner McKee said this will take the 99 year restrictionofffor the banks, but
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CHT and the County can still impose the affordability time frame.
10
1
Robert Dowling said the CHT will continue to do business as usual with a 99 year
2
affordability clause; but they will agree tosign a collateral agreement with the bank, and if CHT
3
does not step in, the bank gets the fee simple loanin the event of a foreclosure.
4
Commissioner McKee suggested that the percentage numbers in Commissioner
5
Gordon’s email should be made available to thepublic.
6
Commissioner Gordon asked for input from John Robertson the fee simple interest and
7
the maintenance of the 99 year affordability.
8
John Roberts said the risk is not about losing the 99 year affordability. He said the risk
9
is that there is would be a spate of foreclosures,and the County would have to come up with
10
hundreds of thousands of dollars to keep the 99 year affordability. He said this is a financial
11
risk to the County.
12
Commissioner Rich acknowledgedChair Jacobs idea, and she said CHT is always
13
trying to think of creative ideas.
14
Commissioner Rich called the question.
15
16
VOTE: UNANIMOUS
17
18
b.Southern Branch Library Letter of Intent Approval
19
The Board consideredauthorizing the Chair to execute a Letter of Intent with regard to
20
the Southern Branch Library upon the approval of the County Attorney.
21
Jeff Thompson reviewed a map of the property. He said the letter of intent is a non-
22
binding agreement. He reviewed the following information from the abstract:
23
24
BACKGROUND:
On May 13, 2014, the Board of County Commissioners authorized staff to
25
engage in negotiations with Main Street Partners of Chapel Hill, LLC (“Main Street”) regarding
26
the potential location of the Southern Branch Library on property adjacent to the 300 Main
27
development located in Carrboro known as the ButlerProperty.
28
29
The attached Letter of Intent is drafted to frame the future negotiations for the definitive
30
agreements necessary for the potential development and construction of a Southern Branch
31
Library. The County’s execution of this Letter of Intent does not bind the County to locate the
32
Southern Branch Library on the Butler Property nor does it obligate the County to enter into
33
definitive agreements with Main Street in the future.
34
35
FINANCIAL IMPACT:
Execution of this Letter of Intent and the subsequent negotiation of the
36
Contract Agreement will require a Professional Services Agreement amendment in an amount
37
not to exceed $25,000 for this task. Adequate funds are available for this amendment within the
38
Southern Branch Library Capital Project.
39
40
Southern Branch Library -Estimated Project Activity Timeline
41
This estimated timeline for the development, construction, and operation of the potential
42
Southern Branch Library is as follows. A conservative 4-6 month contingency intervalis
43
reasonable for planning purposes and process delays. Bolded activities signifyBoard of County
44
Commissioner actions.
45
46
Event Estimated Completion Date
47
48
Board of County Commissioners Action: October, 2014
49
Approval of Letter of Intent between Orange County and Main
50
Street
11
1
2
Board of County Commissioners Action: December, 2014
3
Approval of Contracts with Main Street
4
5
Board of County Commissioner Action: April, 2015
6
Designer, Construction Manager at Risk firms selected
7
through the RFQ process
8
9
Carrboro CUP process (est. 9 months) September, 2015
10
11
Board of County Commissioners Action: November, 2015
12
Design approval;
13
Authorization to finalize construction documents and solicit
14
Guaranteed Maximum Price;
15
Regulatory review & construction permitting;
16
Acceptance of LGC financing review and approval
17
18
Board of County Commissioners Action: April, 2016
19
Approval of Guaranteed Maximum Price
20
)
Project construction & systems commissioning (est. 8 monthsDecember, 2016
21
22
Board of County Commissioners Action: February, 2017
23
Condominium Declarations Recorded;
24
Conversion of Ground Lease to Condominium Interests
25
26
Library Occupancy;February, 2017
27
Library operations start-up
28
29
Opening April, 2017
30
31
Jeff Thompson reviewed the letter of intent. He said thebolded items on the above
32
timeline represent decision points for Board action.He reminded the Board thatlibrary
33
programming and space planning will not begin until after contract negotiations have been
34
completed.
35
Chair Jacobs asked him to explain theeaselillustrations.
36
Jeff Thompsonreviewed the illustration of properties that the Board of County
37
Commissioners considered. He said all of these have been deferred except for the Butler
38
property. He reviewed an aerial photo of the proposed Butler property.
39
Commissioner Pricereferred to page 3, section cand asked where the County would be
40
left if Main Street did not complete their part of the project.
41
John Roberts said this statement protects the County if Main Street developers were to
42
go bankrupt.
43
Commissioner Price said the Countyhasa ground leasethat goes away once the
44
property is complete. She asked who would own the property, and whether the ownerneeds to
45
be included inthe document.
46
John Roberts said no. Hesaid Main Street has anoption on this property.
47
Jeff Thompson said the option owner is one of the partners within the Main Street
48
partnership, and the ground lease contract agreements will contemplate the County having an
49
option on that property.
12
1
John Roberts said this documentis not binding on the Countyin any wayexcept due
2
diligence, confidentiality and representations and warranties. He said signing this document
3
means the County executes the document and can still walk away in the event that Main Street
4
collapses or the deal with the owner collapses.
5
Commissioner Price asked if the reference on thenext pageis for interior and exterior
6
design work.
7
Jeff Thompson said that is for site work and the exterior ofthebuilding.
8
Commissioner Price asked who will maintain the landscapingafter the initial
9
construction.
10
Jeff Thompson said Orange County will be a condominium interest owner. He said a
11
management company will be formulated, and that entity will maintain the exterior.
12
Commissioner Price asked for clarification onhow they are dealing with the parking
13
deck.
14
Jeff Thompson said that is a negotiating point but not a selling point.
15
John Roberts said that is a very fluid and ongoing discussion at this time.
16
Commissioner Gordon referred to paragraph Sonpage 11. She said her major concern
17
is whether the Board should agree to consider allowing the parking spaces to be used this way.
18
She said the other concern is that there is a fairly major omission regarding who will be
19
using the parking spaces. She said thisshould be specified. She said there are also a couple
20
of grammatical errors.
21
John Roberts said Main Street is not willing to negotiate on whether the County
22
considers allowing the use of the spaces in the off hours of the library. He said it is crucial to
23
the business plan of this development that thedeveloper hasaccess to these spaces. He said
24
he will clarify who will use these spaces during the off hours.
25
John Roberts saidchanging the wording of this could pose problems in the future for the
26
final contract documents. He said Main Street needs access to these spaces when the County
27
is not using them.
28
Commissioner Gordon asked for the name of the user.
29
John Roberts saidhe believes this will be the public. He said the rules and regulations
30
for the parking structure will be established by Main Street in those off hours.
31
Commissioner Gordon said it sounds like the County is being steered in the direction of
32
not changing that, but she would like to see the grammar corrected.
33
Chair Jacobs askedif the off hour parking will be controlled by the developer but Orange
34
County would be paying for the spaces.
35
John Roberts said this is part of theshared value that was presented to the Board. He
36
said the County will not pay for use of those spaces for a full 24 hour period. He said there is
37
some description of shared value considerations in this document, and this will be in the final
38
document as well.
39
40
A motion was made by Commissioner Pelissier,seconded by Commissioner Price to
41
authorize theChair to execute a Letter of Intent with regard to the Southern Branch Library
42
upon the approval of the County Attorneyand to authorize the County Attorney to make non-
43
substantive grammatical changes to the document.
44
45
John Roberts asked the Board to forward any noted typos and grammatical errors.
46
Commissioner Gordon asked if the public will be identified as the user of the parking.
47
John Roberts said he will identify who needs to be identified here.
48
49
VOTE: UNANIMOUS
50
13
1
c.Central and Rural Orange County Five-Year Bus Service Expansion Program –
2
Orange Public Transportation
3
The Board consideredendorsement of the staff-recommended Orange Public
4
Transportation(OPT)five-year bus service expansion program in central and rural Orange
5
County.
6
Craig Benedict said this is a culmination of two years of outreach, input from advisory
7
boards and work with Triangle Transit and staff to bring forward a central and rural Orange
8
County five year bus plan.
9
He said the discussion tonight will be about 7 routes beingput into operation in spring of
10
2015. He said the Board requested continuingwith option 2. He said OPT will still be able to
11
do some zonal routesin the northeast and northwest part of the County, as well as two routes
12
in the southern part of the County. He said this is possible using assumptions of obtaining
13
federal funding. He reviewed the following slide:
14
15
ROUTE/SERVICEOPTION 1OPTION 2
16
NE/NW County Zonal Routes
1 day/week(Tues.or Thurs.)2 days/week (Monday and
17
Thursdayor Tuesday and
18
Friday)
19
20
Southern County Zonal Route
No 2 days/week (Monday and
21
Thursdayor Tuesday and
22
Friday)
23
24
Later Senior Center Service
Yes (same in both options)
25
26
U.S. 70 Midday Service
Mebane-Efland-Mebane-Efland-
27
Hillsborough-DurhamHillsborough
28
(2-hour headways)(1-hour headways)
29
30
31
Efland-Hillsborough Commuter Loop YES
Yes
32
Route 420 Expansion
Yes YES
33
Hillsborough Circulator
Yes YES
34
35
Craig Benedict said everything requested by the Commissioners can be accommodated
36
over a 5 year phasing period with these programs.
37
He displayed a chart showing funding available through the Orange County Bus and
38
Rail Investment Plan.
39
Commissioner McKee asked Craig Benedict to explain the difference between several of
40
the routes.
41
Craig Benedict said the US 70 midday service will be during non-commuter hours and will
42
complement what Triangle Transit is doing. He said Triangle Transit expects to extend its
43
existing Hillsborough-Durham service to go from Mebane to Durham in January. He said the
44
Efland-Hillsborough commuter loop will be during peak commuter hours in the morning. He
45
said it will pickup ridersin Efland,and take them directly to Hillsborough to catch a TTA route
46
to Durham, before continuing on to Waterstonewhere riders can pick up the 420 route. He
47
said the current circulator route is more of an access to human services during the daytime.
48
Commissioner McKee said these could be feeder programs. He said,as a new service,
49
this would be eligible to have access to the half cent transit tax money.
50
Craig Benedict said that is correct.
14
1
Commissioner McKee said he would like to see this included in option 2.
2
Craig Benedict said the Efland commuter loop would be part of the option 2.
3
Commissioner Pelissier noted thatattachment 1 lists all of the recommended routes.
4
Commissioner Pelissier asked when the fare box recovery will actually be approved.
5
Craig Benedict said in the coming months staffwill be analyzing how to charge for these
6
routes. He said work will be done to make sure there are similarities withTriangle Transitand
7
to come up with a fee schedule to accommodate the fare box revenue estimates.
8
Commissioner Pelissier referred toattachment 1onpage 4. She said the program
9
budget summaryshows, in fiscal year 2015, that$211,000 will be generated from half cent
10
sales tax, but the County will only be spending $156,000. She asked if this is correct.
11
Craig Benedict said any money not spent will be banked.
12
Commissioner Pelissiersaid this explains the one year of gap where the revenue does
13
not cover the service, and this is because the excess from the previous year can be used.
14
Craig Benedict said that is correct.
15
Commissioner Price asked if the 420 route is ever full. She wonders if it makes sense
16
to have a smaller bus.
17
Craig Benedict said staff doesnotknow the ridership now, but they will start with small
18
buses.
19
Commissioner Price referred to the map on attachment 3and asked if these zonesare
20
hard and fast.She questioned whether route 1A could go a little further south.
21
Craig Benedict saidthese routes are approximations, and work is still being done on
22
them.
23
Commissioner Rich asked what theupdateswill look like,what standards will be used,
24
andhow frequent the updates will be.
25
Craig Benedict said there are different standards for rural and urban services. He said
26
there have been discussions about this with Triangle Transit.
27
Craig Benedict said a metric has been developed to bring back to the Board of County
28
Commissioners,andthis will likely be presented to the Board once a year, prior to budget
29
discussions.
30
Bret Martin said the service standard would make use of the passengers per service
31
hour metric. He said the standard would state that services and routes should be no less than
32
one half below the system’s average for each type of service. He said TTA uses 25 percent
33
below, but OPT does not have as much benchmark data.
34
Bret Martin said it takes time for the publicto acknowledge a service route. He said the
35
plan is to have a one year introduction period, followed by a 6 month data evaluation. He said
36
the report would come back to the Board after this 6 month period. Bret Martin said this means
37
the Board would receive a report after 18 months. He said this is just staff’s recommendation.
38
Commissioner Rich said she would like a periodic update to keep theBoardin the loop.
39
Commissioner Gordon referred to the green route listed on thelast page. She said
40
these are mid-day routes, and she asked how many passengers the buses hold.
41
Craig Benedict said these hold 20 passengers.
42
Commissioner Gordon said these 20 passenger buses are the kind of buses used for
43
the rural program.
44
Craig Benedict said yes. He said these buses are only about $75,000 each, as opposed
45
to larger buses at $450,000.
46
Commissioner Gordon said she is happy to see the expansion of the route up into
47
Cedar Grove eventually. She thanked staff for their work on this program.
48
Chair Jacobs requestedthat staff provide the boarda visual representation of the public
49
routes added to Orange County after the 420 route started.He said a map would provide a
50
better picture of the system as it is growing.
15
1
Craig Benedict said the need for a graphic representation for the public has been
2
discussed,and staff will work on this.
3
4
A motion was made by Commissioner Price,seconded by Commissioner Pelissier to
5
endorse the staff recommended bus service expansion program (Attachments 1, 2, 3 and 4), to
6
addacorrection totheRoute/Service chart( under option 2-it should be marked“Yes” for the
7
Efland-Hillsborough Commuter Loop)
and to receiveupdated information on a timely basis.
8
9
VOTE: UNANIMOUS
10
11
d.Major Subdivision Preliminary Plat Application –Pleasant Green Woods Phase IV
12
The Board consideredtaking action on a Major Subdivision Preliminary Plat application
13
proposing a 16 lot single-family residential subdivision in accordance with the provisions of
14
Section 2.15 and Article 7 Subdivisions of the Unified Development Ordinance (UDO).
15
Michael Harvey presented the following PowerPoint slides:
16
17
October 21, 2014
18
BOCC Item 7.d:
19
Pleasant Green Woods Phase IV
20
Preliminary Plan
21
Review and Action on a 16-lot Major Subdivision off of Pleasant Green Road
22
Orange County Planning Department
23
24
Vicinity Map and Parcel Information:
25
PIN: 9893-87-9972
26
Size of parcel: 46.34 acres
27
Zoning of parcels: Rural Residential (R-1) and Lower Eno Protected Watershed Overlay (L-
28
ENO-PW).
29
Township: Eno.
30
School District: Orange County Schools.
31
Future Land Use Map Designation: Rural Residential.
32
Growth Management System Designation: Rural.
33
34
Land Use Element of the Comprehensive Plan
(map)
35
36
Growth Management System
(map)
37
38
Conventional subdivision layout:
39
Open space is private and part of individual lots. As a result it can be disturbed,
40
Subdivision spread out over entire parcel,
41
More impervious surface area and more land clearing/grading required (i.e. longer roads
42
and driveways),
43
Greater impact to existing foliage and more acres ‘developed’ under conventional
44
subdivision design.
45
46
Cluster subdivision layout
:
47
Smaller lots with open space being separate and less likely to be disturbed,
48
Open space is now ‘shared common area’ for local residents,
49
Subdivision is condensed requiring less land clearing and grading,
50
Less impervious surface area required,
16
1
Greater protection for existing foliage and lessoverall ‘development’ on property.
2
3
Cluster Design Proposal
:
SubdivisionTotal Number of Average Lot Areas in Open Space
TypeAcreageLotsSizeOpen Space%
1.44 Acres
Ranging in
Conservation 46.3416size from 16.5335.66 % in
Cluster Plan 1.24 acres Open Space
(54,151 sq.
ft.) to 1,87
acres (81,661
sq. ft.)
4
5
Conservation Cluster
(map)
6
7
Rendering
8
Site Photograph –1
9
Site Photograph -2
10
Site Photograph -3
11
Site Photograph -4
12
13
Planning Board Review:
14
Preliminary Plat presented at September 3, 2014 regular meeting;
15
Staff reviewed major elements of the Plan; and
16
Planning Board voted unanimously to recommend approval.
17
18
RECOMMENDATION:
19
The Planning Director recommends that the Planning Board:
20
1.Receive the Preliminary Plat application;
21
2.Deliberate on the proposal; and
22
3.Recommend approval of the proposal.
23
24
Michael Harvey said the subdivision will be served by one main road, which terminates
25
in a cul-de-sac. He said the County and the developer negotiated the creation of an emergency
26
access lane tobe utilized by fire department and emergency services in the event of that the
27
road ever becomes impassable.
28
Terry Borland, the applicant from Summit Designs, said he is here to answer questions.
29
Commissioner Rich asked for anexplanation ofhow a road gets accepted into the
30
Department of Transportation (DOT)secondary road program.
31
Michael Harvey saida permit is issued by the DOT to construct the road. He said there
32
are inspections during construction of the road to certify that the road is being constructed to
33
the appropriate standard, and the DOT then certifies that the road has been completed in
34
accordance with that standard. He said once development begins on the roadway, the
35
applicant offers the road to the DOT, who then accepts it. He said the Board will be asked in
36
the future to allow for this road to be included in the public road system. He said this will come
37
once residences are constructed. He said this is actually based on the density and number of
38
houses that are installed.
39
Commissioner Rich askedabout the fire district and the fire insurance rates.
17
1
Michael Harvey said thisis in the Eno Fire District,and therates should not be high
2
becausethe storm water ponds have been specifically designed to serve as emergency water
3
accesspoints.
4
Commissioner Price referred tothe map that showsthe wells, and she asked for
5
clarification on the septic area locations.
6
Michael Harvey said thedark gray areas show theacceptable locations for septic fields.
7
He said the concentric circles notethe required separation between septic and well locations.
8
Commissioner McKee asked if the emergency access road will be gated and if the
9
appropriate authorities will have keys.
10
Michael Harvey said yes.
11
Commissioner McKee said there have been several instances where a short access
12
road would put homes within the 5 mile area. He said this is a good thing to remember for the
13
future, although it does not apply to this subdivision.
14
Commissioner Pelissier said it appears that the well on lot 11does go into the septic
15
repair area on lot 10.
16
Terry Borland said the separation requirements between the well and septic must
17
followed, and if the plan shows a conflict,there is latitude to move the well. He said theseplans
18
are just proposed locations.
19
Commissioner Pelissier said many ofthelots are listed as having conventional initial
20
with subsurface drip repair. She asked ifthis means there is a likelihood that the repair will
21
have to be done with subsurface drip.
22
Terry Borland said if the initial field is no longer viable at some point in time, then the
23
repair field or secondary field can be used.He said the initial fields are all conventional, and the
24
repair areas have shallower soil, so a drip system is more appropriate.
25
Michael Harvey said even if this application is approved tonight, every lotwill still have to
26
apply for the appropriate improvement permits through the health departments. He said the
27
septic and well locations, as well as septic types are not final until these applications are
28
approved.
29
Chair Jacobs askedwhy this is acul-de-sac as opposed to a connection.
30
Michael Harvey said the site distance around the curve is not safe enough to site a
31
connectiononto Willett Road.
32
Chair Jacobs said there needs to be a better set of standards for site lines.He said
33
there are other areas with much smaller site lines.
34
Chair Jacobs askedwho is maintaining the ponds.
35
Michael Harvey said the Home Owner Association (HOA) will be responsible for this.
36
Commissioner Dorosin said if you have a clustered sub-division,you have to have an
37
HOAbecause of the common space.
38
Michael Harvey said this is correct.
39
Commissioner Dorosin said delegating authority to an HOA can, in some cases,
40
disadvantage property owners. He said he is certainthat he does not want to favor HOA’s.
41
Commissioner Dorosin asked for clarification on the location of phases 1-3, and he
42
asked if these are all contiguous.
43
Michael Harvey reviewed the map, and he said all 4 are not contiguous from an access
44
point. He said phases 1 and 2 will be contiguous, and phases 3 and 4 will be contiguous from a
45
vehicular standpoint. He said there will be trail access.
46
Chair Jacobs saidthere are significant environmental advantages to having contiguous
47
open space, and this is part of the trade off.
48
49
A motion was made by Commissioner McKee,seconded by Commissioner Price to
50
approve the Preliminary Plat, and the Resolution of Approval at Attachment 7.
18
1
2
VOTE:UNANIMOUS
3
4
e.Major Subdivision Preliminary Plat Application –Stroud’s Creek
(9:35-10:00)
5
The Board consideredtakingaction on a Major Subdivision Preliminary Plat application
6
proposing a 14 lot single-family residential subdivision in accordance with the provisions of
7
Section 2.15 and Article 7 Subdivisions of the Unified Development Ordinance (UDO).
8
Patrick Mallett presented the following PowerPoint slides:
9
10
October 21, 2014
11
BOCC Agenda Item 7.e:
12
Stroud’s Creek
13
Preliminary Plan
14
Review and Action on a 14-lot Major Subdivision off of Strouds Creek Road
15
16
VicinityMap and Parcel Information:
17
PIN: 9875-08-0900
18
Size of Parcel: 25.3 acres in area
19
Zoning of Parcel: Agricultural Residential (AR) and Special Flood
20
Hazard Area Overlay District (SFHA)
21
The property is not located within a Watershed
22
Protection Overlay District
23
Township: Hillsborough
24
School District: Orange County
25
Future Land Use
26
Map Designation: Agricultural Residential and Rural
27
Industrial Activity Node.
28
Growth Management System Designation: Rural
29
30
Land Use Element ofthe Comprehensive Plan
(map)
31
Growth Management System
32
Site Photograph –1
(map)
33
Site Photograph –2
34
Site Photograph –3
35
Site Photograph –4
36
Site Analysis Map
37
Preliminary Plan: Flexible Design Option
(map)
38
Color Rendering
(map)
39
40
Cluster Design Options
SubdivisionTotal Number of Average Lot Areas in Open Space
TypeAcreageLotsSizeOpen Space%
Range from
Conservation25.331416,012 sq. ft. 17.21 acres 69.96%
Cluster Planto 39,794 sq. in open space
ft.
41
42
43
Conservation Cluster -Flexible Design Attributes
19
1
Minimum lot size –14,000 sq. ft. (65% reduction from typical 40,000 min. lot size with
2
min. of 33% common open space and available water sewer service).
3
Average lots size is 20, 914 sq. ft.
4
67.96% (17.21 acres) Open Space proposed.
5
+/-35,000 sq. ft. of Pedestrian Open Space Access (POSA) along back of lots 9-14.
6
POSA is also linked to potential Town of Hillsborough Pedestrian easement.
7
16,500 sq. ft. in 30-foot wide Roadside Buffer along Strouds Creek Road.
8
100 foot wide building setback from perimeter of entire subdivision.
9
Plan preserves on-site existing wetlands, streams and floodplain.
10
11
Planning Board Meeting:
12
Held on September 3, 2014 at the West Campus Office Building.
13
Staff reviewed major elements of the Plan.
14
Planning Board voted unanimously to recommend approval.
15
16
RECOMMENDATION:
17
The Planning Director recommends the Board:
18
1.Receive the Preliminary Plat application;
19
2.Deliberate on the proposal; and
20
3.Approve the proposal.
21
22
Commissioner Price said she liked theidea of aside walk goingto the school.
23
Craig Benedict said this was not required, but the applicant agreed toprovidethat.
24
Commissioner Gordon referred to the fiscal impact analysisand asked if this is a
25
different analysis.
26
Craig Benedict said staff hastried to update this model from within the constraints. He
27
said this showsa positive cost of service analysisand it is different.
28
Commissioner Gordon asked if this parcels out the personnel cost.
29
Craig Benedict saidthere area cost side and a revenue side, and these are estimated
30
at a higher value house. He said at this level, there is apositive value flow from residential.
31
Commissioner Gordon said this is going to be consideredin other businessat other
32
meetings,andit is good to see an example that is worked through. She said there have not
33
been many developments lately.
34
Chair Jacobs said he hoped to review if theCommissionerswanted to continue to do
35
this and if this process is of any use to the Board.He said this is a conversation for another
36
time.
37
38
A motion was made by Commissioner McKee,seconded by Commissioner Rich to
39
approve the Preliminary Plat, and Resolution of Approval as contained in Attachment 7.
40
41
VOTE: UNANIMOUS
42
43
8.Reports
NONE
44
45
9.County Manager’s Report
46
Bonnie Hammersley said the ribbon cutting for the Rogers Road Community Center is
th
47
scheduled forNov. 15at 9:30a.m. She recommended officiallynaming this center the Rogers
th
48
Road Community Center,and she said this will come to the Board at the November 6meeting
49
in accordance with policy.
20
1
Chair Jacobs asked if this could include a presentationof background information on Mr.
2
Rogers.
3
4
10.County Attorney’s Report
NONE
5
6
11.Appointments
7
a.Adult Care Home Community Advisory Committee –Appointments
8
The Board consideredmaking appointments to the Adult Care Home Community
9
Advisory Committee.
10
11
A motion was made byCommissioner Pelissier,seconded byCommissioner Priceto
12
appoint the following to the Adult Care Home Community Advisory Committee:
13
Mr. James Bartow to a first full term (Position #11) At-Large for ending10/31/2017.
14
Mrs. Karen Schnell to a first full term (Position #12) At-Large for Mrs. Karen Schnell
15
ending
16
10/31/2017.
17
18
VOTE:UNANIMOUS
19
20
b.Board of Social Services –Appointment
21
The Board consideredmaking an appointment to the Board of Social Services.
22
23
Amotion was made by Commissioner McKee,seconded by Commissioner Gordon to
24
appoint the following to the Board of Social Services:
25
Ms. Ann Wilkerson to a first full term (Position #4) At-Large Citizen (BOCC Appointee)
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with term ending 06/30/2017.
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POSITION NAMESPECIAL EXPIRATION
NO.REPRESENTATIVEDATE
4Ms. Ann WilkersonAt-Large Citizen (BOCC 06/30/2017
Appointee)
28
29
VOTE:UNANIMOUS
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31
c.Orange County Parks and Recreation Council –Appointment
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The Board was toconsidermaking an appointment to the Orange County Parks and
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Recreation Council.
34
35
DEFERRED
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This item was deferred until after the planned retreat discussion regarding certain
37
appointment policies and procedures.
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d.Orange Unified Transportation Board –Appointments
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The Board consideredmaking appointments to the Orange Unified Transportation
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Board.
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A motion was made by Commissioner Gordon seconded by Commissioner Pelissier to
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appointthe following:
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POSITION NO.NAMESPECIAL EXPIRATION DATE
21
REPRESENTATIVE
3Ed VaughnAt-Large Cedar Grove 09/30/2017
Township
6Mr. Brantley Wells-First At-Large Hillsborough 09/30/2017
full term Township
8Art MeniusAt-Large Economic 09/30/2017
Development
9James EllisAt-Large Planning09/30/2017
11Heidi PerovAt-Large Bicycle 09/30/2017
Transportation
12Tom MangusonAt-Large Pedestrian Access09/30/2017
1
2
VOTE: UNANIMOUS
3
4
12.Board Comments
5
Commissioner Gordon stated that during a Board of County Commissioners’(BOCC)
6
meeting on October 14, references were made to the formation of a separate department for
7
the environment. She providedahandoutregarding the creation of the Environment and
8
Resource Conservation Department (now called the Department of Environment, Agriculture,
9
Parks and Recreation) and the Comprehensive Resource Conservation Program (now called
10
the Lands Legacy Program).This land acquisition program was proposed as a major task for
11
the new environmental department.
12
The seven page handout first showed the agenda abstract for the June 22, 1998
13
meeting at which the new department was formed, followed bya memorandum from
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Commissioner Gordon dated May 25, 1998 which outlinedthe proposal for the new department.
15
Following that, there was a second memorandum from her, also dated May 25, 1998 which
16
proposed the creation of the Comprehensive Resource Conservation Program (Lands Legacy
17
Program).
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Finally,the last page of the handout provided excerpts of minutes from two BOCC
19
meetings. At the first meeting on May 26, 1998, there was a report that discussed the
20
proposed department. At the second meeting on June 22, 1998, the Commissioners voted 3-2
21
to establish the new department, and to implement the new land acquisition program. In
22
summary, the first six pages of the handout gave the agenda abstract and supporting
23
background material for the second meetingon June 22, 1998.
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Commissioner Gordon noted that the result of the 3-2 vote on June 22, 1998 was that
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thenew department and new Lands Legacy Program were created, and environmental
26
protection and resource conservation became a separate function of Orange County
27
government. To date, the County has protected over 3000 acres of the County’s most
28
importantnatural and cultural resources through the Lands Legacy Program.
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This handout is on file in the Clerk’s office and is hereby incorporated by referenceinto
30
these minutes.
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Commissioner Gordon said she and Commissioner Pelissier attended the NC
32
Association of County Commissioners (NCACC)Environmental Steering Committee,and two of
33
the top five goals approvedwere from Orange County.
34
Commissioner Gordon said the Durham Chapel Hill Carrboro Metropolitan Planning
35
Organization (DCHC MPO)held a Board meeting,and there were several interesting items.
36
She said these included a presentation on the complete streets policy and the comprehensive
37
transportationplan update.
22
1
Commissioner Dorosin reportedthat Town of Chapel Hill approved extending the ETJ
2
into the Rogers Road Community. He said the vote was unanimous, and this means the town
3
will be able to directly contribute to the provision and extension ofsewer service.
4
Commissioner Rich asked about the next stepin this process.
5
Commissioner Dorosin said this does not have to go to General Assembly. He said
6
Orange County just now has to sign off on it.
7
Commissioner McKee said he visited the Rogers Road Community Center,and it is
8
almost completed. He said there was also a dedication of one of the last few houses.
9
Commissioner Rich said she attended Project Connect,along with Commissioner
10
Pelissier. She said there were 221 guests this year,and it was clear that a lot of people came
11
to see the dentist. She said it reminded her that dental services need to be brought back down
12
to the southern part of the County.
13
Commissioner Price said TARPO met last week. She said there will be a revision ofthe
14
comprehensive transportation plan. She said the I-85 and I-40 improvements have been
15
approved.
16
Commissioner Price said at theNCACC Board of Directors meeting, Kevin Leonard was
th
17
approved as the new director, effective November 4.
18
Chair Jacobssaid he and Commissioner Pelissier attended ribbon cutting of Mountains
19
to SeaTrail,and he also attended the dedication of Riverwalk in Hillsborough.
20
Chair Jacobs said Thomas Crowther passed away last week,and he was a great friend
21
of affordable housing, social justice, environmental, and smart design. He said thisloss will be
22
felt beyond Raleigh.
23
24
13.Information Items
25
26
October 7, 2014 BOCC Meeting Follow-up Actions List
27
Memo Regarding Information on Potential for Solar Energy Project at Closed Landfill
28
Memo Regarding Temporary Voluntary Revised Lake Orange Release Protocol
29
BOCC Chair Letter Regarding Petitions from October 7, 2014 Regular Board Meeting
30
31
14.Closed Session-NONE
32
33
15.Adjournment
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A motion was made by Commissioner McKee,seconded by Commissioner Price to
35
adjourn the meeting at9:38 p.m.
36
37
VOTE: UNANIMOUS
38
39
Barry Jacobs, Chair
40
41
42
Donna Baker, Clerk to the Board
43
44
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