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HomeMy WebLinkAboutMinutes 10-21-2014 APPROVED 12/9/2014 MINUTES BOARD OF COMMISSIONERS REGULAR MEETING October 21, 2014 7:00 p.m. The Orange County Board of Commissioners met in regular session on Tuesday, October 21, 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: County Manager Bonnie Hammersley, 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. Chair Jacobs call the meeting to order at 7:01 p.m. 1. Additions or Chanqes to the Aqenda Chair Jacobs reviewed the following list of items at the Commissioner's places: - PowerPoint— Item 7C -Central and Rural Orange County Five-Year Bus Service Expansion Program — Orange Public Transportation - PowerPoint - Item 7D- Major Subdivision Preliminary Plat Application — Pleasant Green Woods Phase IV - PowerPoint - Item 7E- Major Subdivision Preliminary Plat Application — Stroud's Creek PUBLIC CHARGE The Chair dispensed with the reading of the public charge. 2. Public Comments a. Matters not on the Printed Aqenda Don O'Leary said he wanted to give some words of encouragement about what can be done about fluoride. He read a portion of a document from the state assembly, and he said the Board of County Commissioners has authority over water departments and can revoke their licensing if they put drugs like fluoride in the water. b. Matters on the Printed Agenda (These matters will be considered when the Board addresses that item on the agenda below.) 3. Petitions by Board Members Commissioner Pelissier petitioned for a presentation by staff regarding alternatives to septic systems on sites or on lots. She would like to see options that allow more clustering and more open space. Commissioner porosin said he wanted to check in on his resolution regarding the placement of immigrant children in schools. Bonnie Hammersley said she will check on this and get back to the Board. Commissioner Gordon read the following petition: Petition - Global Climate Change - Oct. 21, 2014 Petition that the Board of County Commissioners consider for adoption at one of its regular meetings in November (November 6 or 18) a resolution concerning global climate change which outlines reasons for concern about climate change and includes action statements endorsing ways that Orange County can "think globally and act locally," both as a local government and as individuals who live in Orange County. I would like to help provide the wording for such a resolution. Submitted by Alice Gordon 4. Proclamations/ Resolutions/ Special Presentations - NONE 5. Public Hearinqs a. North Carolina Department of Transportation Rural Operatinq Assistance Proqram (ROAP) Grant Application for FY 2015 The Board conducted a public hearing for the NCDOT Rural Operating Assistance Program (ROAP) grant and considered approving the annual FY 2015 ROAP grant application and certified statement and authorizing the Chair, Manager and Finance Officer to sign. Peter Murphy said this is an annual program, and the amount is slightly lower this year due to the change of the County's urban status. He said more of the territory is urban, so it is expected that more funding will come from other sources in the future. He reviewed the following information from the abstract: Background: The North Carolina Department of Transportation, Public Transportation Division designates Rural Operating Assistance Program (ROAP) funds each fiscal year to Orange County. ROAP consolidates the Elderly/Disabled Transportation Assistance Program (EDTAP), the Employment Program (EMPL), and the Rural General Public (RGP) Program into a single application package. These ROAP funds allow Orange County to continue providing the above mentioned programs from July 1, 2014 through June 30, 2015. The amounts being made available for each respective program for FY 2015 are: Program Amount Elderly/Disabled Transportation Assistance Program (EDTAP) $73,344 Employment Transportation Assistance Program (EMPL) $30,893 Rural General Public Program (RGP) $70,085 TOTAL $174,322 Commissioner porosin asked for an explanation of the employment transportation assistance program. Peter Murphy said it is an assistance program to get people to work training programs that will potentially place them into jobs. He said it mostly involves running vans or buses. He said if the funding for this is not exhausted it is rolled into either of the other two categories. Commissioner porosin asked if a program could be developed to assist people in getting vehicles. Chair Jacobs said the County used to have a program called Wheels to Work. Nancy Coston said this has been discussed recently. She said several programs like this have been run in the past, and they were very successful. She said there is a little bit of money in the budget to help pay for some of the cost to refurbish vehicles; however, there has not been an ongoing funding stream to help with the costs Commissioner porosin asked if this money could be used for that. Nancy Coston said no. She said the rules have changed, and the recipients have to be transitioning out of Work First. She said the funds are to help with rides or to help pay mileage costs for people who have a car. She said it is not to be used for purchasing a car. Peter Murphy said these funds can also be used to purchase bus passes. Commissioner Price asked if there is any expected impact on ridership as a result of the change in the Rural General Program (RGP) funds for the route 420 mid-day service. Peter Murphy said this is something to watch carefully because urban related transportation costs cannot be assigned to the ROAP funds. He said staff is researching other funds to make up for this. Commissioner Pelissier ask how these rural funds will be used and how it fits in with the County's other transportation plans. Peter Murphy said some of the routes are eligible for RGP. He said the public needs to be made well aware of the public routes that are available, and staff is working on this. He said if a route is open to the general public, it is considered RGP. Commissioner Pelissier said the Board sees this every year. She said in future she would like to see a report showing how many people use this service from the ROAP funds, and how many people are being served with the half cent sales tax. She would like to know who is being served. Commissioner Price asked if a resident in the southern rural part of the County would be able to come up to Hillsborough. She asked if the Durham urbanized area cuts into this. Peter Murphy said this could be done. He said the important part is to assign how many miles are being done in rural versus urban, and the rural miles must be higher. He said you can pick up in both sets of miles as a combination as long as the rural miles are higher. PUBLIC COMMENT: NONE A motion was made by Commissioner McKee, seconded by Commissioner Price to close the public hearing, VOTE: UNANIMOUS A motion was made by Commissioner Pelissier, seconded by Commissioner Price to approve the application for Rural Operating Assistance Program funds totaling $174,322 for FY 2014-2015; and authorize the Chair, County Manager and County Finance Officer to sign the Certified Statement of Participation. VOTE: UNANIMOUS 6. Consent Aqenda • Removal of Any Items from Consent Agenda Items 6-c - Fiscal Year 2014-15 Budget Amendment#2, and 6-i - Interlocal Agreement for the Reimbursement of Expenditures, were removed from the consent agenda for discussion. • Approval of Remaining Consent Agenda A motion was made by Commissioner McKee, seconded by Commissioner Rich to approve the remaining items on the agenda. VOTE: UNANIMOUS a. Minutes The Board approved the minutes from September 11 and 16, 2014 as submitted by the Clerk to the Board. b. Resolution for Incorporatinq Gender Neutral Lanquaqe that Supports the Policies, Goals and Obiectives of Oranqe County The Board approved a Resolution, which is incorporated by reference, for Incorporating Gender Neutral Language that Supports the Policies, Goals and Objectives of Orange County and authorized the Chair to sign. d. Application for North Carolina Education Lottery Proceeds for Oranqe County Schools (OCS) and Continqent Approval of Budqet Amendment# 2-A Related to OCS Capital Proiect Ordinances The Board approved an application to the North Carolina Department of Public Instruction (NCDPI) to release proceeds from the NC Education Lottery account related to FY 2014-15 debt service payments for Orange County Schools (OCS), and to approve Budget Amendment#2-A (amended School Capital Project Ordinances), contingent on the NCDPI's approval of the application and authorized the Chair to sign. e. Oranqe County SportsPlex Lobby Budqet Amendment#2-B The Board approved Budget Amendment#2-B re-purposing appropriated SportsPlex funds for improved ice skate compatible flooring and restroom partitions. f. Trianqle Reqional Water Supply Plan — Resolution of Support The Board approved and authorized the Chair to sign a Resolution of Support for the Triangle Regional Water Supply Plan (TRWSP). g. Board of Commissioners Meetinq Calendar for Year 2015 The Board approved the regular meeting schedule for the Board of County Commissioners for calendar year 2015. h. Request for Additional Temporary Staff to Assist with Public Assistance Cases and Approval of Budqet Amendment#2-C The Board approved Budget Amendment#2-C for the acceptance of$56,259 in additional revenue for Social Services, and approved use of the funds to hire temporary staff to work in public assistance. • Discussion and Approval of the Items Removed from the Consent Agenda 6-c Fiscal Year 2014-15 Budqet Amendment#2 Commissioner Price asked for an explanation of who is paying what to whom. Paul Laughton said Alan Clapp is here from Environmental Health to explain this. He said these fees have not been increased since 2005, and the current fees were only authorized to charge for the cost of the kits and the mailing. He said these are now authorized to do more than that and collect more of the overhead cost. He said this is the reason for a larger increase in the lab fee. Allan Clapp said the increase was a result of the approved state budget authorizing the state lab to recoup their fees commensurate with the new well sample. He said the County cost has increased by $20 just to get the bottle to take the sample. Commissioner Price asked about the $25 fee that is listed. Allan Clapp said that is the fee that is currently charged to the public, and it will go up to $60. A motion was made by Commissioner Price, seconded by Commissioner Rich to approve the budget ordinance amendments for fiscal year 2014-15. VOTE: UNANIMOUS 6-i Interlocal Aqreement for the Reimbursement of Expenditures Commissioner Rich thanked John Roberts for helping the Board by reinstating this. She asked if the taxes will be handled the same way the hotel taxes are handled, where some monies go to the Visitors Bureau. John Roberts said these are the occupancy taxes, and the same restrictions will apply. He said these are just occupancy taxes that have not previously been collected by the companies A motion was made by Commissioner Rich, seconded by Commissioner Price to authorize the Chair to execute an agreement with the Towns of Carrboro, Hillsborough, Chapel Hill and various Online Travel Companies ("OTCs") for the collection and remittance of certain occupancy taxes. VOTE: UNANIMOUS 7. Reqular Aqenda a. Community Home Trust Request to Amend Operational Procedures The Board considered approving proposed procedural changes by Community Home Trust. Bonnie Hammersley reviewed the following information as outlined in the abstract: The Community Home Trust (CHT) is an affordable housing provider whose clientele includes first-time homebuyers earning less than 80 percent of the area median income with subsidy from the federal HOME program. In May 2014 CEO Robert Dowling submitted a letter addressed to the Town of Chapel Hill, the Orange County Board of Commissioners and the Orange County HOME Consortium proposing procedural changes to its operations. The proposal addresses two (2) issues: 1. Homebuyers' limited access to financing; and 2. CHT's difficultly in selling homes. CHT asserts that its homebuyer mortgage funding from the NC Housing Finance Agency will be exhausted in 2015, making it necessary to identify alternative funding sources. To address this issue, CHT is proposing to allow lenders to secure their investment with a fee simple interest. Currently, CHT can only grant a leasehold interest in the home as collateral. This leasehold interest secures the home, but not the land upon which the home is situated. Mr. Dowling asserts that this form of collateral attributes to there being only one bank in the region that is willing to extend financing to its buyers. While a fee simple interest could potentially result in a lending institution foreclosing on the home and the property, CHT homebuyers have never surrendered their home to a lender through foreclosure. Historically, CHT has re- acquired property at risk of foreclosure and plans to continue this trend. To address the issue of difficulty in selling homes, CHT has proposed that it be allowed to sell homes that contain federal subsidy through the HOME program to households with an income of up to 115% of the Area Median income (AMI), where permissible by US Department of Housing & Urban Development (HUD) guidelines. The HOME Program imposes an affordability period on projects assisted with HOME funds in order to ensure that HOME investments yield affordable housing over the long term. For homebuyer projects such as the Community Home Trust, the length of the affordability period is based on the amount of HOME funds invested in the property: HOME FUNDS PROVIDED AFFORDABILITY PERIOD <$15,000 5 years $15,000 - $40,000 10 years > $40,000 15 years However, the restrictive covenants CHT executes with the County stipulate 99 years of affordability. As a result, houses that are originally sold with the assistance of HOME funds that are later re-acquired by CHT must be re-sold to a family earning less than 80% AMI. Otherwise, CHT must refund the HOME funds invested to the County from the proceeds of the sale. FINANCIAL IMPACT: There is no financial impact regarding the policy allowing CHT to extend a fee simple interest in properties sold. However, should the Board approve the proposed policy change regarding selling homes to families above 80% AMI where the federal subsidy remains in the home, this may reduce the number of low and moderately-low income families served by the Orange County HOME Consortium. Notwithstanding this reduction in low income families served, the affordability period as mandated by HUD would be met. Bonnie Hammersley said there was also request by CHT for the Board to consider a charter. She said she is meeting with the local managers to bring a unified recommendation to the Assembly of Governments in November. Commissioner Gordon asked what would be involved in the charter. Bonnie Hammersley said staff is looking at the current Community Home Trust model, and they will be inviting Robert Dowling to meet with them to talk about the current model. Commissioner porosin asked about the mechanics of the change that is being requested. He asked whether approved change will only be effective going forward, or whether it will affect homes currently being sold. Robert Dowling said the HUD guidelines have a much shorter affordability period than the 99 year restrictions CHT imposed on itself. He said the home funds and local funds have a much shorter affordability period, and the longest the home funds have is 20 years. He said CHT has homes that they put HOME funds into 12 years ago, and the HUD funds have been met. He said this home now cannot be sold to anyone above 80 percent median income, because of the self imposed 99 year restriction. He said if this proposed change is approved, CHT can widen the window of buyers served. He said no more subsidies can be put in the home, but the funds put in 12 years ago can be left in, and this will allow them to serve people at up to 115 percent of inedian income. Commissioner porosin asked if the 115 percent would kick in after the 20 year required HUD period elapsed. Robert Dowling said that is correct. Commissioner porosin asked if it would still be bound by 80 percent of inedian income if it were sold today in the federal window. Robert Dowling said that is correct. Commissioner porosin asked if the home could be sold to anyone at the end of the period if there were no restrictions beyond the HUD requirements. Robert Dowling said CHT is not asking for this; but according to HUD, yes. Robert Dowling said this is how things used to be done before the CHT was created. He said if the Board says no to this proposal, because the HUD income limits are lower today than in 2002, the home is not affordable to people at 80 percent of inedian income. He said this means more subsidies have to be brought in to make that same home affordable to people below 80 percent. He said the approval of this item will allow CHT to sell the home to higher income people and stretch out the federal subsidy dollars. Commissioner porosin asked, if this is approved and a new CHT home goes on the market tomorrow, whether that home could be marketed to someone up to 115 percent of median income. Robert Dowling said if there is subsidy in it, it will need to be below 80 percent for the affordability period. He said if a home is sold without subsidy, it can be sold up to 115 percent. Commissioner McKee asked for clarification on what 80 percent and 115 percent equate to in dollars. Robert Dowling said this number goes by household size and 80 percent for one person today would be $36,800; for two people it would be $42,000; for three people it would be $47,000; and for four people it would be $52,550. He said these numbers are all lower than they were in 2002. He said this means that the person who qualified 12 years ago and never got a raise will not qualify today. Commissioner Gordon referred to the following email questions from her regarding this item and the replies from Robert Dowling: Questions - Oct. 21, 2014 Agenda 7a - Community Home Trust (CHT) Would the homes still be required to be affordable for 99 years? For the CHT program, please describe the funding mechanism for providing one home. What does it cost Orange County and/ or the Town of Chapel Hill for each home (average cost and range of costs)? What is the current area median income (AMI)? Please provide a table which shows the AMI for households of various sizes, along with 80 % AMI and 115 % AMI. If the policy changes are made, is it anticipated that most or all of the houses would then be sold to buyers at or close to the 115 % AMI level, thereby reducing the number of low income families served? Follow-up from Robert Dowlinq 1. Yes, CHT will continue to sell homes using a 99 year ground lease and to keep the homes affordable for 99 years at either 80% of Area Median Income (AMI) or 115% of AMI. According to CHT bylaws and Articles of Incorporation, only 25% of CHT homes can be sold to households earning more than 80% of AMI. 2. I'm not certain if I'm answering this correctly, but the Home Trust home prices range from $75,000 to about $155,000. The average price is about $100,000. In fiscal year 2013-14, CHT sold 40 homes and required an average subsidy of about $14,000 for each home. That subsidy may come from the County (HOME funds) or the Town of Chapel Hill or from the NC Housing Finance Agency. Due to declining HUD income limits, CHT typically is required to add subsidy to most homes that resell. Sixteen homes resold in fiscal year 2013-14. 3. The current HUD Income Limits for 80% AMI and 115% of AMI are as follows: 1 Person 2 Persons 3 Persons 4 Persons 80% of AMI $36,800 $42,050 $47,300 $52,550 115% of AMI $52,900 $60,447 $67,994 $75,541 4. As stated above, CHT must sell at least 75% of the homes to households earning at or below 80% of AMI. Currently, about 90% of CHT homes are owned by households earning 80% of AMI or less. Please let me know if there are additional questions we can answer. I know this subject matter is a bit dense. Thanks, Robert Dowling Commissioner Gordon said her concern is related to the potential of homes going out of affordability. She said the point of this program is to sell homes to low income households, and 115 percent is not low income. She wonders if a more comprehensive approach might be better. She said the needs have shifted over the years, and it would be better to have a unified approach to this issue with all of the entities involved. She is not sure this should be approved without a unified approach. Commissioner Gordon said her second concern with going to the 115 percent is that people who are on fixed incomes and do not make above the median income are paying for this in a way when they pay taxes. She said if the number is changed to 115 percent, the number of homes that can be sold this way should be limited to 25 percent. Commissioner porosin asked if Robert Dowling was planning to jettison the 25/75 percent restriction ratio. Robert Dowling said no. He said the IRS guidelines restrict the number of homes that can be sold above 80 percent, and the maximum allowed is 35 percent. Commissioner Rich said the unified answer between the managers is about the charter, and it is not about this item. She said this item is being brought to each jurisdiction for individual votes. She said it will be unified if everyone does or does not vote for it. She said the charter to will go to all of the managers and legal departments before it is brought forward. Commissioner Price asked about the timeline for the unified charter. Bonnie Hammersley said the managers met last week, and there will be another meeting with Robert Dowling. She said the goal is to have a status report by the November 19th Assembly of Governments meeting. Commissioner Price said this item seems more immediate, and she is concerned if the charter is going to take some time. She said this seems to be an issue that could have been anticipated, and this policy change will keep the CHT alive. She asked if the money gained by selling at 115 percent can be then put back into the efforts of the CHT. Robert Dowling said these two requests are related but not linked. He said the fee simple request is an enticement for banks to make loans to the buyers. He said the CHT has never had a foreclosure, as they would pay off the bank and take the property in order to keep the equity that is in the home. He said the second part of this is leaving in the subsidy in order to widen the window of people who are eligible to purchase the homes. He said there is a struggle to sell homes because the banks will not lend money and because HUD income limits have declined. Commissioner Gordon said she understands that the issue tonight is different from the charter issue. She said what she wanted to articulate was that the managers could expand their discussions to include the related topic. Commissioner Rich noted that Hillsborough and Chapel Hill have already voted in favor of this proposal. She said the charter has been out for about a year, and the Board saw it at a meeting last November. A motion was made by Commissioner porosin, seconded by Commissioner Price to approve the policy changes as requested by Community Home Trust to permit CHT to extend a fee simple interest to mortgage lenders and permit homes to be sold to persons up to 115 percent AMI where permitted by HUD. Robert Dowling said the word "unrestricted' was not used by him, nor was it used by Commissioner porosin in his motion. He clarified that every time HOME funds are put in, the County draws up restrictive covenants against that property, specifying that the home will stay affordable for 99 years. He said "unrestricted" fee simple interest means that the bank wants this covenant to disappear or else it is no good to them. He said this is what is holding some of the banks back. Chair Jacobs asked if this is part of the motion. Robert Dowling said it is not used in Commissioner porosin's wording. Commissioner porosin asked if would be better to amend the wording. Robert Dowling said when this is implemented he wants it to be crystal clear what is needed to entice the banks to lend money. Chair Jacobs said if this change is made, he will oppose the motion. He said the CHT and the Board agreed to the 99 year restriction to make sure the affordability is assured. He said he is fine with making it easier for residents to buy the homes, but doing away with affordability is a much more complicated discussion. Commissioner porosin questioned what would be in place between CHT and a buyer to insure long term affordability if covenants are not in place. Robert Dowling said the CHT holds all of the deeds and would receive notice if there was a foreclosure. He said CHT would step in to pay off the bank and take the property back. Commissioner porosin said if there is no deed restrictions on the property there is nothing to prevent the home owner from selling it again. Robert Dowling clarified that there will always be a restrictive covenant on the property. He said if the CHT did not step in to buy the property, then the bank takes it without restriction. He said the restrictions are in place, and are only terminated if CHT does not step in to prevent a foreclosure. He said the banks will only lend with no restrictions. He said he was not suggesting that they forego the 99 year affordability. Chair Jacobs asked about the possibility of an affordable housing bond that includes setting aside $1 million for loans to CHT buyers so that banks do not have to be involved. Robert Dowling said this s a good idea. Commissioner McKee said this will take the 99 year restriction off for the banks, but CHT and the County can still impose the affordability time frame. Robert Dowling said the CHT will continue to do business as usual with a 99 year affordability clause; but they will agree to sign a collateral agreement with the bank, and if CHT does not step in, the bank gets the fee simple loan in the event of a foreclosure. Commissioner McKee suggested that the percentage numbers in Commissioner Gordon's email should be made available to the public. Commissioner Gordon asked for input from John Roberts on the fee simple interest and the maintenance of the 99 year affordability. John Roberts said the risk is not about losing the 99 year affordability. He said the risk is that there is would be a spate of foreclosures, and the County would have to come up with hundreds of thousands of dollars to keep the 99 year affordability. He said this is a financial risk to the County. Commissioner Rich acknowledged Chair Jacobs idea, and she said CHT is always trying to think of creative ideas. Commissioner Rich called the question. VOTE: UNANIMOUS b. Southern Branch Library Letter of Intent Approval The Board considered authorizing the Chair to execute a Letter of Intent with regard to the Southern Branch Library upon the approval of the County Attorney. Jeff Thompson reviewed a map of the property. He said the letter of intent is a non- binding agreement. He reviewed the following information from the abstract: BACKGROUND: On May 13, 2014, the Board of County Commissioners authorized staff to engage in negotiations with Main Street Partners of Chapel Hill, LLC ("Main Street") regarding the potential location of the Southern Branch Library on property adjacent to the 300 Main development located in Carrboro known as the Butler Property. The attached Letter of Intent is drafted to frame the future negotiations for the definitive agreements necessary for the potential development and construction of a Southern Branch Library. The County's execution of this Letter of Intent does not bind the County to locate the Southern Branch Library on the Butler Property nor does it obligate the County to enter into definitive agreements with Main Street in the future. FINANCIAL IMPACT: Execution of this Letter of Intent and the subsequent negotiation of the Contract Agreement will require a Professional Services Agreement amendment in an amount not to exceed $25,000 for this task. Adequate funds are available for this amendment within the Southern Branch Library Capital Project. Southern Branch Library - Estimated Project Activity Timeline This estimated timeline for the development, construction, and operation of the potential Southern Branch Library is as follows. A conservative 4-6 month contingency interval is reasonable for planning purposes and process delays. Bolded activities signify Board of County Commissioner actions. Event Estimated Completion Date Board of County Commissioners Action: October, 2014 Approval of Letter of Intent between Orange County and Main Street Board of County Commissioners Action: December, 2014 Approval of Contracts with Main Street Board of County Commissioner Action: April, 2015 Designer, Construction Manager at Risk firms selected through the RFQ process Carrboro CUP process (est. 9 months) September, 2015 Board of County Commissioners Action: November, 2015 Design approval; Authorization to finalize construction documents and solicit Guaranteed Maximum Price; Regulatory review & construction permitting; Acceptance of LGC financing review and approval Board of County Commissioners Action: April, 2016 Approval of Guaranteed Maximum Price Project construction & systems commissioning (est. 8 months) December, 2016 Board of County Commissioners Action: February, 2017 Condominium Declarations Recorded; Conversion of Ground Lease to Condominium Interests Library Occupancy; February, 2017 Library operations start-up Opening April, 2017 Jeff Thompson reviewed the letter of intent. He said the bolded items on the above timeline represent decision points for Board action. He reminded the Board that library programming and space planning will not begin until after contract negotiations have been completed. Chair Jacobs asked him to explain the easel illustrations. Jeff Thompson reviewed the illustration of properties that the Board of County Commissioners considered. He said all of these have been deferred except for the Butler property. He reviewed an aerial photo of the proposed Butler property. Commissioner Price referred to page 3, section c and asked where the County would be left if Main Street did not complete their part of the project. John Roberts said this statement protects the County if Main Street developers were to go bankrupt. Commissioner Price said the County has a ground lease that goes away once the property is complete. She asked who would own the property, and whether the owner needs to be included in the document. John Roberts said no. He said Main Street has an option on this property. Jeff Thompson said the option owner is one of the partners within the Main Street partnership, and the ground lease contract agreements will contemplate the County having an option on that property. John Roberts said this document is not binding on the County in any way except due diligence, confidentiality and representations and warranties. He said signing this document means the County executes the document and can still walk away in the event that Main Street collapses or the deal with the owner collapses. Commissioner Price asked if the reference on the next page is for interior and exterior design work. Jeff Thompson said that is for site work and the exterior of the building. Commissioner Price asked who will maintain the landscaping after the initial construction. Jeff Thompson said Orange County will be a condominium interest owner. He said a management company will be formulated, and that entity will maintain the exterior. Commissioner Price asked for clarification on how they are dealing with the parking deck. Jeff Thompson said that is a negotiating point but not a selling point. John Roberts said that is a very fluid and ongoing discussion at this time. Commissioner Gordon referred to paragraph S on page 11. She said her major concern is whether the Board should agree to consider allowing the parking spaces to be used this way. She said the other concern is that there is a fairly major omission regarding who will be using the parking spaces. She said this should be specified. She said there are also a couple of grammatical errors. John Roberts said Main Street is not willing to negotiate on whether the County considers allowing the use of the spaces in the off hours of the library. He said it is crucial to the business plan of this development that the developer has access to these spaces. He said he will clarify who will use these spaces during the off hours. John Roberts said changing the wording of this could pose problems in the future for the final contract documents. He said Main Street needs access to these spaces when the County is not using them. Commissioner Gordon asked for the name of the user. John Roberts said he believes this will be the public. He said the rules and regulations for the parking structure will be established by Main Street in those off hours. Commissioner Gordon said it sounds like the County is being steered in the direction of not changing that, but she would like to see the grammar corrected. Chair Jacobs asked if the off hour parking will be controlled by the developer but Orange County would be paying for the spaces. John Roberts said this is part of the shared value that was presented to the Board. He said the County will not pay for use of those spaces for a full 24 hour period. He said there is some description of shared value considerations in this document, and this will be in the final document as well. A motion was made by Commissioner Pelissier, seconded by Commissioner Price to authorize the Chair to execute a Letter of Intent with regard to the Southern Branch Library upon the approval of the County Attorney and to authorize the County Attorney to make non- substantive grammatical changes to the document. John Roberts asked the Board to forward any noted typos and grammatical errors. Commissioner Gordon asked if the public will be identified as the user of the parking. John Roberts said he will identify who needs to be identified here. VOTE: UNANIMOUS c. Central and Rural Oranqe County Five-Year Bus Service Expansion Proqram — Oranqe Public Transportation The Board considered endorsement of the staff-recommended Orange Public Transportation (OPT) five-year bus service expansion program in central and rural Orange County. Craig Benedict said this is a culmination of two years of outreach, input from advisory boards and work with Triangle Transit and staff to bring forward a central and rural Orange County five year bus plan. He said the discussion tonight will be about 7 routes being put into operation in spring of 2015. He said the Board requested continuing with option 2. He said OPT will still be able to do some zonal routes in the northeast and northwest part of the County, as well as two routes in the southern part of the County. He said this is possible using assumptions of obtaining federal funding. He reviewed the following slide: ROUTE/SERVICE OPTION 1 OPTION 2 NE/NW County Zonal Routes 1 day/week (Tues. or Thurs.) 2 days/week(Monday and Thursday or Tuesday and Friday) Southern County Zonal Route No 2 days/week(Monday and Thursday or Tuesday and Friday) Later Senior Center Service Yes (same in both options) U.S. 70 Midday Service Mebane-Efland- Mebane-Efland- Hillsborough-Durham Hillsborough (2-hour headways) (1-hour headways) Efland-Hillsborough Commuter Loop Yes YES Route 420 Expansion Yes YES Hillsborough Circulator Yes YES Craig Benedict said everything requested by the Commissioners can be accommodated over a 5 year phasing period with these programs. He displayed a chart showing funding available through the Orange County Bus and Rail Investment Plan. Commissioner McKee asked Craig Benedict to explain the difference between several of the routes. Craig Benedict said the US 70 midday service will be during non-commuter hours and will complement what Triangle Transit is doing. He said Triangle Transit expects to extend its existing Hillsborough-Durham service to go from Mebane to Durham in January. He said the Efland-Hillsborough commuter loop will be during peak commuter hours in the morning. He said it will pick up riders in Efland, and take them directly to Hillsborough to catch a TTA route to Durham, before continuing on to Waterstone where riders can pick up the 420 route. He said the current circulator route is more of an access to human services during the daytime. Commissioner McKee said these could be feeder programs. He said, as a new service, this would be eligible to have access to the half cent transit tax money. Craig Benedict said that is correct. Commissioner McKee said he would like to see this included in option 2. Craig Benedict said the Efland commuter loop would be part of the option 2. Commissioner Pelissier noted that attachment 1 lists all of the recommended routes. Commissioner Pelissier asked when the fare box recovery will actually be approved. Craig Benedict said in the coming months staff will be analyzing how to charge for these routes. He said work will be done to make sure there are similarities with Triangle Transit and to come up with a fee schedule to accommodate the fare box revenue estimates. Commissioner Pelissier referred to attachment 1 on page 4. She said the program budget summary shows, in fiscal year 2015, that $211,000 will be generated from half cent sales tax, but the County will only be spending $156,000. She asked if this is correct. Craig Benedict said any money not spent will be banked. Commissioner Pelissier said this explains the one year of gap where the revenue does not cover the service, and this is because the excess from the previous year can be used. Craig Benedict said that is correct. Commissioner Price asked if the 420 route is ever full. She wonders if it makes sense to have a smaller bus. Craig Benedict said staff does not know the ridership now, but they will start with small buses. Commissioner Price referred to the map on attachment 3 and asked if these zones are hard and fast. She questioned whether route 1A could go a little further south. Craig Benedict said these routes are approximations, and work is still being done on them. Commissioner Rich asked what the updates will look like, what standards will be used, and how frequent the updates will be. Craig Benedict said there are different standards for rural and urban services. He said there have been discussions about this with Triangle Transit. Craig Benedict said a metric has been developed to bring back to the Board of County Commissioners, and this will likely be presented to the Board once a year, prior to budget discussions. Bret Martin said the service standard would make use of the passengers per service hour metric. He said the standard would state that services and routes should be no less than one half below the system's average for each type of service. He said TTA uses 25 percent below, but OPT does not have as much benchmark data. Bret Martin said it takes time for the public to acknowledge a service route. He said the plan is to have a one year introduction period, followed by a 6 month data evaluation. He said the report would come back to the Board after this 6 month period. Bret Martin said this means the Board would receive a report after 18 months. He said this is just staff's recommendation. Commissioner Rich said she would like a periodic update to keep the Board in the loop. Commissioner Gordon referred to the green route listed on the last page. She said these are mid-day routes, and she asked how many passengers the buses hold. Craig Benedict said these hold 20 passengers. Commissioner Gordon said these 20 passenger buses are the kind of buses used for the rural program. Craig Benedict said yes. He said these buses are only about $75,000 each, as opposed to larger buses at $450,000. Commissioner Gordon said she is happy to see the expansion of the route up into Cedar Grove eventually. She thanked staff for their work on this program. Chair Jacobs requested that staff provide the board a visual representation of the public routes added to Orange County after the 420 route started. He said a map would provide a better picture of the system as it is growing. Craig Benedict said the need for a graphic representation for the public has been discussed, and staff will work on this. A motion was made by Commissioner Price, seconded by Commissioner Pelissier to endorse the staff recommended bus service expansion program (Attachments 1, 2, 3 and 4), to add a correction to the Route/Service chart ( under option 2- it should be marked "Yes" for the Efland-Hillsborough Commuter Loop) and to receive updated information on a timely basis. VOTE: UNANIMOUS d. Maior Subdivision Preliminary Plat Application — Pleasant Green Woods Phase IV The Board considered taking action on a Major Subdivision Preliminary Plat application proposing a 16 lot single-family residential subdivision in accordance with the provisions of Section 2.15 and Article 7 Subdivisions of the Unified Development Ordinance (UDO). Michael Harvey presented the following PowerPoint slides: October 21, 2014 BOCC Item 7.d: Pleasant Green Woods Phase IV Preliminary Plan Review and Action on a 16-lot Major Subdivision off of Pleasant Green Road Orange County Planning Department Vicinity Map and Parcel Information: PIN: 9893-87-9972 Size of parcel: 46.34 acres Zoning of parcels: Rural Residential (R-1) and Lower Eno Protected Watershed Overlay (L- ENO-PW). Township: Eno. School District: Orange County Schools. Future Land Use Map Designation: Rural Residential. Growth Management System Designation: Rural. Land Use Element of the Comprehensive Plan (map) Growth Management System (map) Conventional subdivision layout: • Open space is private and part of individual lots. As a result it can be disturbed, • Subdivision spread out over entire parcel, • More impervious surface area and more land clearing/grading required (i.e. longer roads and driveways), • Greater impact to existing foliage and more acres `developed' under conventional subdivision design. Cluster subdivision layout: • Smaller lots with open space being separate and less likely to be disturbed, • Open space is now `shared common area' for local residents, • Subdivision is condensed requiring less land clearing and grading, • Less impervious surface area required, • Greater protection for existing foliage and less overall `development' on property. Cluster Design Proposal: Subdivision Total Number of Average Lot Areas in Open Space Type Acreage Lots Size Open Space % 1.44 Acres Ranging in Conservation 46.34 16 size from 16.53 35.66 % in Cluster Plan 1.24 acres Open Space (54,151 sq. ft.) to 1,87 acres (81,661 sq. ft.) Conservation Cluster (map) Rendering Site Photograph — 1 Site Photograph -2 Site Photograph -3 Site Photograph -4 Planning Board Review: ■ Preliminary Plat presented at September 3, 2014 regular meeting; ■ Staff reviewed major elements of the Plan; and ■ Planning Board voted unanimously to recommend approval. RECOMMENDATION: The Planning Director recommends that the Planning Board: 1. Receive the Preliminary Plat application; 2. Deliberate on the proposal; and 3. Recommend approval of the proposal. Michael Harvey said the subdivision will be served by one main road, which terminates in a cul-de-sac. He said the County and the developer negotiated the creation of an emergency access lane to be utilized by fire department and emergency services in the event of that the road ever becomes impassable. Terry Borland, the applicant from Summit Designs, said he is here to answer questions. Commissioner Rich asked for an explanation of how a road gets accepted into the Department of Transportation (DOT) secondary road program. Michael Harvey said a permit is issued by the DOT to construct the road. He said there are inspections during construction of the road to certify that the road is being constructed to the appropriate standard, and the DOT then certifies that the road has been completed in accordance with that standard. He said once development begins on the roadway, the applicant offers the road to the DOT, who then accepts it. He said the Board will be asked in the future to allow for this road to be included in the public road system. He said this will come once residences are constructed. He said this is actually based on the density and number of houses that are installed. Commissioner Rich asked about the fire district and the fire insurance rates. Michael Harvey said this is in the Eno Fire District, and the rates should not be high because the storm water ponds have been specifically designed to serve as emergency water access points. Commissioner Price referred to the map that shows the wells, and she asked for clarification on the septic area locations. Michael Harvey said the dark gray areas show the acceptable locations for septic fields. He said the concentric circles note the required separation between septic and well locations. Commissioner McKee asked if the emergency access road will be gated and if the appropriate authorities will have keys. Michael Harvey said yes. Commissioner McKee said there have been several instances where a short access road would put homes within the 5 mile area. He said this is a good thing to remember for the future, although it does not apply to this subdivision. Commissioner Pelissier said it appears that the well on lot 11 does go into the septic repair area on lot 10. Terry Borland said the separation requirements between the well and septic must followed, and if the plan shows a conflict, there is latitude to move the well. He said these plans are just proposed locations. Commissioner Pelissier said many of the lots are listed as having conventional initial with subsurface drip repair. She asked if this means there is a likelihood that the repair will have to be done with subsurface drip. Terry Borland said if the initial field is no longer viable at some point in time, then the repair field or secondary field can be used. He said the initial fields are all conventional, and the repair areas have shallower soil, so a drip system is more appropriate. Michael Harvey said even if this application is approved tonight, every lot will still have to apply for the appropriate improvement permits through the health departments. He said the septic and well locations, as well as septic types are not final until these applications are approved. Chair Jacobs asked why this is a cul-de-sac as opposed to a connection. Michael Harvey said the site distance around the curve is not safe enough to site a connection onto Willett Road. Chair Jacobs said there needs to be a better set of standards for site lines. He said there are other areas with much smaller site lines. Chair Jacobs asked who is maintaining the ponds. Michael Harvey said the Home Owner Association (HOA) will be responsible for this. Commissioner porosin said if you have a clustered sub-division, you have to have an HOA because of the common space. Michael Harvey said this is correct. Commissioner porosin said delegating authority to an HOA can, in some cases, disadvantage property owners. He said he is certain that he does not want to favor HOA's. Commissioner porosin asked for clarification on the location of phases 1-3, and he asked if these are all contiguous. Michael Harvey reviewed the map, and he said all 4 are not contiguous from an access point. He said phases 1 and 2 will be contiguous, and phases 3 and 4 will be contiguous from a vehicular standpoint. He said there will be trail access. Chair Jacobs said there are significant environmental advantages to having contiguous open space, and this is part of the trade off. A motion was made by Commissioner McKee, seconded by Commissioner Price to approve the Preliminary Plat, and the Resolution of Approval at Attachment 7. VOTE: UNANIMOUS e. Maior Subdivision Preliminary Plat Application — Stroud's Creek (9:35-10:00) The Board considered taking action on a Major Subdivision Preliminary Plat application proposing a 14 lot single-family residential subdivision in accordance with the provisions of Section 2.15 and Article 7 Subdivisions of the Unified Development Ordinance (UDO). Patrick Mallett presented the following PowerPoint slides: October 21, 2014 BOCC Agenda Item 7.e: Stroud's Creek Preliminary Plan Review and Action on a 14-lot Major Subdivision off of Strouds Creek Road Vicinity Map and Parcel Information: PIN: 9875-08-0900 Size of Parcel: 25.3 acres in area Zoning of Parcel: Agricultural Residential (AR) and Special Flood Hazard Area Overlay District (SFHA) The property is not located within a Watershed Protection Overlay District Township: Hillsborough School District: Orange County Future Land Use Map Designation: Agricultural Residential and Rural Industrial Activity Node. Growth Management System Designation: Rural Land Use Element of the Comprehensive Plan (map) Growth Management System Site Photograph — 1 (map) Site Photograph —2 Site Photograph — 3 Site Photograph —4 Site Analysis Map Preliminary Plan: Flexible Design Option (map) Color Rendering (map) Cluster Design Options Subdivision Total Number of Average Lot Areas in Open Space Type Acreage Lots Size Open Space % Range from Conservation 25.33 14 16,012 sq. ft. 17.21 acres 69.96% Cluster Plan to 39,794 sq. in open ft. space Conservation Cluster - Flexible Design Attributes ■ Minimum lot size — 14,000 sq. ft. (65% reduction from typical 40,000 min. lot size with min. of 33% common open space and available water sewer service). ■ Average lots size is 20, 914 sq. ft. ■ 67.96% (17.21 acres) Open Space proposed. ■ +/-35,000 sq. ft. of Pedestrian Open Space Access (POSA) along back of lots 9-14. POSA is also linked to potential Town of Hillsborough Pedestrian easement. ■ 16,500 sq. ft. in 30-foot wide Roadside Buffer along Strouds Creek Road. ■ 100 foot wide building setback from perimeter of entire subdivision. ■ Plan preserves on-site existing wetlands, streams and floodplain. Planning Board Meeting: ■ Held on September 3, 2014 at the West Campus Office Building. ■ Staff reviewed major elements of the Plan. ■ Planning Board voted unanimously to recommend approval. RECOMMENDATION: The Planning Director recommends the Board: 1. Receive the Preliminary Plat application; 2. Deliberate on the proposal; and 3. Approve the proposal. Commissioner Price said she liked the idea of a side walk going to the school. Craig Benedict said this was not required, but the applicant agreed to provide that. Commissioner Gordon referred to the fiscal impact analysis and asked if this is a different analysis. Craig Benedict said staff has tried to update this model from within the constraints. He said this shows a positive cost of service analysis and it is different. Commissioner Gordon asked if this parcels out the personnel cost. Craig Benedict said there are a cost side and a revenue side, and these are estimated at a higher value house. He said at this level, there is a positive value flow from residential. Commissioner Gordon said this is going to be considered in other business at other meetings, and it is good to see an example that is worked through. She said there have not been many developments lately. Chair Jacobs said he hoped to review if the Commissioners wanted to continue to do this and if this process is of any use to the Board. He said this is a conversation for another time. A motion was made by Commissioner McKee, seconded by Commissioner Rich to approve the Preliminary Plat, and Resolution of Approval as contained in Attachment 7. VOTE: UNANIMOUS 8. Reports NONE 9. County Manaqer's Report Bonnie Hammersley said the ribbon cutting for the Rogers Road Community Center is scheduled for Nov. 15th at 9:30 a.m. She recommended officially naming this center the Rogers Road Community Center, and she said this will come to the Board at the November 6tn meeting in accordance with policy. Chair Jacobs asked if this could include a presentation of background information on Mr. Rogers. 10. County Attorney's Report NONE 11. Appointments a. Adult Care Home Community Advisory Committee —Appointments The Board considered making appointments to the Adult Care Home Community Advisory Committee. A motion was made by Commissioner Pelissier, seconded by Commissioner Price to appoint the following to the Adult Care Home Community Advisory Committee: • Mr. James Bartow to a first full term (Position #11) At-Large for ending10/31/2017. • Mrs. Karen Schnell to a first full term (Position #12) At-Large for Mrs. Karen Schnell ending 10/31/2017. VOTE: UNANIMOUS b. Board of Social Services —Appointment The Board considered making an appointment to the Board of Social Services. A motion was made by Commissioner McKee, seconded by Commissioner Gordon to appoint the following to the Board of Social Services: • Ms. Ann Wilkerson to a first full term (Position #4) At-Large Citizen (BOCC Appointee) with term ending 06/30/2017. POSITION NAME SPECIAL EXPIRATION NO. REPRESENTATIVE DATE 4 Ms. Ann Wilkerson At-Large Citizen (BOCC 06/30/2017 Appointee) VOTE: UNANIMOUS c. Oranqe County Parks and Recreation Council —Appointment The Board was to consider making an appointment to the Orange County Parks and Recreation Council. DEFERRED This item was deferred until after the planned retreat discussion regarding certain appointment policies and procedures. d. Oranqe Unified Transportation Board —Appointments The Board considered making appointments to the Orange Unified Transportation Board. A motion was made by Commissioner Gordon seconded by Commissioner Pelissier to appoint the following: POSITION NO. NAME SPECIAL EXPIRATION DATE REPRESENTATIVE 3 Ed Vaughn At-Large Cedar Grove 09/30/2017 Township 6 Mr. Brantley Wells-First At-Large Hillsborough 09/30/2017 full term Township 8 Art Menius At-Large Economic 09/30/2017 Development 9 James Ellis At-Large Planning 09/30/2017 11 Heidi Perov At-Large Bicycle 09/30/2017 Transportation 12 Tom Manguson At-Large Pedestrian Access 09/30/2017 VOTE: UNANIMOUS 12. Board Comments Commissioner Gordon stated that during a Board of County Commissioners' (BOCC) meeting on October 14, references were made to the formation of a separate department for the environment. She provided a handout regarding the creation of the Environment and Resource Conservation Department (now called the Department of Environment, Agriculture, Parks and Recreation) and the Comprehensive Resource Conservation Program (now called the Lands Legacy Program). This land acquisition program was proposed as a major task for the new environmental department. The seven page handout first showed the agenda abstract for the June 22, 1998 meeting at which the new department was formed, followed by a memorandum from Commissioner Gordon dated May 25, 1998 which outlined the proposal for the new department. Following that, there was a second memorandum from her, also dated May 25, 1998 which proposed the creation of the Comprehensive Resource Conservation Program (Lands Legacy Program). Finally, the last page of the handout provided excerpts of minutes from two BOCC meetings. At the first meeting on May 26, 1998, there was a report that discussed the proposed department. At the second meeting on June 22, 1998, the Commissioners voted 3-2 to establish the new department, and to implement the new land acquisition program. In summary, the first six pages of the handout gave the agenda abstract and supporting background material for the second meeting on June 22, 1998. Commissioner Gordon noted that the result of the 3-2 vote on June 22, 1998 was that the new department and new Lands Legacy Program were created, and environmental protection and resource conservation became a separate function of Orange County government. To date, the County has protected over 3000 acres of the County's most important natural and cultural resources through the Lands Legacy Program. This handout is on file in the Clerk's office and is hereby incorporated by reference into these minutes. Commissioner Gordon said she and Commissioner Pelissier attended the NC Association of County Commissioners (NCACC) Environmental Steering Committee, and two of the top five goals approved were from Orange County. Commissioner Gordon said the Durham Chapel Hill Carrboro Metropolitan Planning Organization (DCHC MPO) held a Board meeting, and there were several interesting items. She said these included a presentation on the complete streets policy and the comprehensive transportation plan update. Commissioner porosin reported that Town of Chapel Hill approved extending the ETJ into the Rogers Road Community. He said the vote was unanimous, and this means the town will be able to directly contribute to the provision and extension of sewer service. Commissioner Rich asked about the next step in this process. Commissioner porosin said this does not have to go to General Assembly. He said Orange County just now has to sign off on it. Commissioner McKee said he visited the Rogers Road Community Center, and it is almost completed. He said there was also a dedication of one of the last few houses. Commissioner Rich said she attended Project Connect, along with Commissioner Pelissier. She said there were 221 guests this year, and it was clear that a lot of people came to see the dentist. She said it reminded her that dental services need to be brought back down to the southern part of the County. Commissioner Price said TARPO met last week. She said there will be a revision of the comprehensive transportation plan. She said the I-85 and I-40 improvements have been approved. Commissioner Price said at the NCACC Board of Directors meeting, Kevin Leonard was approved as the new director, effective November 4tn Chair Jacobs said he and Commissioner Pelissier attended ribbon cutting of Mountains to Sea Trail, and he also attended the dedication of Riverwalk in Hillsborough. Chair Jacobs said Thomas Crowther passed away last week, and he was a great friend of affordable housing, social justice, environmental, and smart design. He said this loss will be felt beyond Raleigh. 13. Information Items • October 7, 2014 BOCC Meeting Follow-up Actions List • Memo Regarding Information on Potential for Solar Energy Project at Closed Landfill • Memo Regarding Temporary Voluntary Revised Lake Orange Release Protocol • BOCC Chair Letter Regarding Petitions from October 7, 2014 Regular Board Meeting 14. Closed Session-NONE 15. Adiournment A motion was made by Commissioner McKee, seconded by Commissioner Price to adjourn the meeting at 9:38 p.m. VOTE: UNANIMOUS Barry Jacobs, Chair Donna Baker, Clerk to the Board