HomeMy WebLinkAboutAgenda - 12-07-2015 - 6-a - Minutes 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 7, 2015
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:
November 5, 2015 BOCC Regular Meeting
November 10, 2015 BOCC Work Session
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
FINANCIAL IMPACT: NONE
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
1
I Attachment 1
2
3 DRAFT MINUTES
4 BOARD OF COMMISSIONERS
5 REGULAR MEETING
6 NOVMEBER 5, 2015
7 7:00 p.m.
8
9 The Orange County Board of Commissioners met in regular session on Thursday, November 5,
10 2015 at 7:00 p.m. at the Whitted Building in Hillsborough, N.C.
11
12 COUNTY COMMISSIONERS PRESENT: Chair McKee and Commissioners Mia Burroughs,
13 Mark Dorosin, Bernadette Pelissier, Renee Price and Penny Rich
14 COUNTY COMMISSIONERS ABSENT: Commissioner Jacobs
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley and Clerk to the Board
17 Donna Baker (All other staff members will be identified appropriately below)
18
19 Chair McKee called the meeting to order at 7:07 p.m.
20 Chair McKee said that Commissioner Jacobs would be unable to attend tonight.
21
22 1. Additions or Changes to the Agenda
23
24 - White sheet—Additional information for item 5-a: North Carolina Community Transportation
25 Program Administrative and Capital Grant Applications FY 2017
26 - Pink sheet— Revised Abstract for item 5-b: Zoning Atlas Amendment - Jacobs Glass
27 Rezoning - Closure of Public Hearing and Action (No Additional Comments Accepted)
28 - White sheets — PowerPoint for Item 5-e: Public Hearing Process
29
30 PUBLIC CHARGE
31
32 Chair McKee dispensed with the reading of the public charge.
33
34 2. Public Comments
35
36 a. Matters not on the Printed Agenda
37 Maxecine Mitchell said she received a notice today from Animal Control stating
38 she was being cruel to her dogs as they were outside and the water container had some
39 leaves in the dish. She said she lives in the County with a lot of oak trees and she is
40 upset for being cited for not having a clean water container. She said she is a volunteer
41 on the Planning Board, which is a body that strives to create logical ordinances, and she
42 is not sure why she was cited. She said her doghouses are dry and clean but one of
43 them is broken, for which she was cited as well. She said she was additionally cited for
44 not having the doghouses raised above the ground but noted the doghouses are
45 tremendously heavy. She said she is single and unemployed but her dogs are healthy
46 and live better than she does.
47 She said she talked with Bob Marotto, the Director of Animal Services, and he told
48 her they would come out to talk with her. She hoped a solution could be reached.
49 Chair McKee asked Bonnie Hammersley to consult with Animal Control.
2
1 Susanna Birdsong said she is here as Policy Counsel for the American Civil
2 Liberties Union (ACLU) of North Carolina, and she is here to talk about House Bill (HB)
3 318. She said this law is making our State unfriendly. She reviewed the following:
4
5 Analysis of HB 318--"Sanctuary Cities" Provisions
6 North Carolina Justice Center
7 October 30, 2015
8 SUMMARY OF ANALYSIS
9 Our review of"sanctuary cities" provisions contained in House Bill 318 leads to the following
10 conclusions, as detailed further in the analysis that follows:
11 ❑HB 318 applies to municipal police departments, but not sheriffs.
12 ❑HB 318 does not require a city to affirmatively adopt any policy involving its agents in the
13 enforcement of federal immigration laws.
14 ❑HB 318 does not expand or change the limited authority of local law enforcement to enforce
15 federal immigration laws.
16 ❑HB 318 does not allow a warrantless arrest of an individual based only on a suspicion or
17 confirmation that the individual is in the United States without federal authorization.
18 ❑HB 318 does not allow detaining an individual for any period of time based on mere
19 suspicion or confirmation that the individual is in the United States without federal
20 authorization.
21 ❑HB 318 does not allow detaining or extending the detention of an individual solely to verify
22 the individual's immigration status.
23 ❑HB 318 does not allow the prolonging of an otherwise lawful stop for purposes of conducting
24 an immigration inquiry.
25 ❑HB 318 does not require law enforcement to gather information about citizenship status or
26 immigration status.
27 ❑HB 318 does not allow law enforcement to engage in racial profiling.
28 I. INTRODUCTION
29 The other part of the law references the sanctuary law and she said the law does not
30 apply to any laws adopted by sheriffs and their employees. House Bill 318 purports to
31 prohibit adoption of sanctuary city ordinances. The pertinent part of the legislation reads
32 as follows:
33 SECTION 15.(a) Article 6 of Chapter 153A of the General Statutes is amended by adding a new
34 section to read:
35 "§ 153A-145.5. Adoption of sanctuary ordinance prohibited.
36 (a) No county may have in effect any policy, ordinance, or procedure that limits or restricts the
37 enforcement of federal immigration laws to less than the full extent permitted by federal law.
38 (b) No county shall do any of the following related to information regarding the citizenship or
39 immigration status, lawful or unlawful, of any individual:
40 (1) Prohibit law enforcement officials or agencies from gathering such information.
41 (2) Direct law enforcement officials or agencies not to gather such information.
42 (3) Prohibit the communication of such information to federal law enforcement agencies."
43 SECTION 15.(b) Article 8 of Chapter 160A of the General Statutes is amended by adding a
44 new section to read:
45 "§ 160A-499.4. Adoption of sanctuary ordinances prohibited.
46 (a) No city may have in effect any policy, ordinance, or procedure that limits or restricts the
47 enforcement of federal immigration laws to less than the full extent permitted by federal law.
48 (b) No city shall do any of the following related to information regarding the citizenship or
49 immigration status, lawful or unlawful, of any individual:
50 (1) Prohibit law enforcement officials or agencies from gathering such information.
3
1 (2) Direct law enforcement officials or agencies not to gather such information.
2 (3) Prohibit the communication of such information to federal law enforcement agencies."
3 She said there is confusion regarding the application of the law, and who is
4 intended to be included as a "government official". She said this term is not defined
5 anywhere in the law. She said the ACLU is urging that the scope of this bill be limited or
6 it may lead to a deprivation of fundamental rights. She said there is appropriate concern
7 within immigrant communities regarding this law.
8 Susanna Birdsong said HB 318 affects no Orange County Sheriff's policies or
9 resolutions, adopted by the Commission to date.
10 Commissioner Rich asked if there is some action she wanted the Board to take.
11 Susanna Birdsong said to the extent to which the Board is asked to define
12 government official, or set parameters, she asked that the Board do so very narrowly.
13 Commissioner Rich asked if the information could be passed along to the Clerk to
14 share with the Board.
15 Commissioner Dorosin said he would be interested in getting more information,
16 and bringing a resolution forward echoing the sentiments of Susanna Birdsong's
17 comments. He said he would be willing to take on the authorship of such a resolution.
18 Commissioner Rich said that was her intention in asking the information to be
19 shared with the Board. She said it is important to state the Board's position on such
20 matters.
21 Roger Leguillow said he is here to re-awaken the discussion of allowing food
22 trucks within the area. He said food trucks are very popular locally for urban commercial
23 areas. He said trucks are being allowed in the municipalities in Orange County, and it
24 would be good to be ahead of the curve and to address this in a controlled manner.
25
26 b. Matters on the Printed Agenda
27 NONE
28
29 3. Announcements and Petitions by Board Members
30 Commissioner Price said thank you to InterFaith Council (IFC) for their annual open
31 house, where the residents put on a welcoming event.
32 Commissioner Burroughs said the ABC Board had made good progress on the living
33 wage and may be implementing this as early as January 2016.
34 Commissioner Burroughs said the Board of Health is very seriously considering services
35 for men.
36 Commissioner Dorosin said there is a group of dedicated residents working on the living
37 wage issue. He said this group goes out and educates the work sector to the extent that
38 Orange County was recently certified as "providing the living wage". He said this work is being
39 funded independently and asked if there is anything Orange County can do to help support
40 them financially or with in kind support. He said this group is having a fund raising event on
41 Friday, November 6th from 5-7 p.m.
42 Commissioner Dorosin said the Women's International League for Peace and Freedom
43 is celebrating their 80th anniversary.
44 Commissioner Pelissier said there was a presentation on Energy Positive Schools at the
45 North Carolina Association for County Commissioners (NCACC) Environmental Steering
46 Committee, and asked the Manager to investigate these types of schools in light of the
47 upcoming bond funding for schools.
48 Commissioner Rich referenced the living wage group mentioned by Commissioner
49 Dorosin, and she encouraged them to apply for a grant during the budget season as well.
50 Commissioner Rich said she is a living wage certified business.
4
1 Commissioner Rich said the National Association of Counties (NACo) Technology
2 Committee had a meeting today, and they are talking to a lobbyist about cyber security.
3 Commissioner Rich said last night there was a great presentation on organic
4 composting at the SWAG meeting, and the Clerk has distributed this presentation to all Board
5 of County Commissioners members.
6 Chair McKee said the Assemblies of Governments (AOG) Meeting has been cancelled.
7 He said the Town of Hillsborough has a public hearing that night, and he consulted with both
8 the Chapel Hill and Carrboro Mayors who suggested the meeting be postponed until a future
9 date.
10
11 4. Proclamations/ Resolutions/ Special Presentations
12 NONE
13
14 5. Public Hearings
15
16 a. North Carolina Community Transportation Program Administrative and Capital
17 Grant Applications FY 2017
18 The Board continued and considered closing the annual public hearing on the North
19 Carolina Community Transportation Program (CTP) grant application by Orange Public
20 Transportation (OPT) for FY 2017 and approving the grant application which includes adopting
21 a resolution authorizing the Chair to sign an agreement with the North Carolina Department of
22 Transportation (NCDOT).
23 Peter Murphy, Orange County Transportation Administrator, reviewed the following
24 information:
25
26 BACKGROUND:
27 At the October 20, 2015 meeting, the Board of Commissioners opened the annual public
28 hearing and continued the hearing to allow receipt of written comments by November 2, 2015
29 as indicated in the public hearing notice. As presented, each year the NCDOT Public
30 Transportation Division accepts requests for administrative and capital needs for county-
31 operated community transportation programs. OPT is eligible to make application for both
32 administrative and capital funding. The current year FY 2016-approved application includes
33 $166,765 in administrative funding and $232,286 in capital funding for replacement vehicles
34 with total expenses equaling $399,051.
35 The total CTP funding request for FY 2017 is $166,765 for community transportation
36 administrative expenses and an additional $316,782 for capital expenses. This draft grant
37 application is made for expenses totaling $483,547. Grant funds for administrative purposes
38 will continue to be used to support overall transit systems management and operations and will
39 continue to promote general ridership. Grant funds for capital items include the replacement of
40 three (3) buses exceeding their useful life mileage thresholds in OPT's fleet. A public hearing
41 (Attachment 3) is requested with the opportunity for public discussion and comment before the
42 Board takes action on the resolution (Attachment 1). The acceptance of these grant funds
43 requires compliance with the annual certifications and assurances, for which the signature
44 pages are attached (Attachment 2). The attached signature pages are for the certifications and
45 assurances for FY 2015 as an example. The FY 2017 certifications and assurances signature
46 pages are very similar to those for FY 2015; however, the County has not yet received them
47 from NCDOT. When received, they will be forwarded to the County Attorney and Chair for
48 review and signatures.
49
50 FINANCIAL IMPACT:
5
1 The NCDOT CTP FY 2017 grant requires a 15% local match ($25,015) for
2 administrative expenses and a 10% local match ($31,678) for capital expenses for a total of
3 $56,693. As a comparison, the total CTP grant amount requested for FY 2016 was $166,765
4 for administrative expenses ($25,015 local match) and $232,286 for capital expenses ($23,229
5 local match) for a total of$48,244 local match, an increase of$84,496 in total expenses
6 ($8,449 local match) from FY 2016 to FY 2017. The indicated local match amounts will be
7 requested in the upcoming FY 2017 budget cycle and must be committed from Orange
8 County's budget for the performance period of July 1, 2016, through June 30, 2017 (FY 2017),
9 as indicated in the attached Local Share Certification for Funding form (Attachment 4). This will
10 require Orange County to obligate funding in its next budget cycle for these expenses. A total of
11 $56,693 would come from the County's general operating budget. This is not expanding any
12 services only to maintain rural services; therefore no OCBRIP funds will be used.
13 He said this was an extended public hearing, and to date no further written comments
14 have been received. He said at the Commissioners' places is a multi-year history sheet. He
15 said the grant amount has been the same since 2012, with the exception of a $20,000 reduction
16 in Orange County, due to the census.
17
18 A motion was made by Commissioner Pelissier, seconded by Commissioner Price to
19 close the public hearing and to approve the Community Transportation Program Grant
20 application for FY 2017 in the total amount of$483,547 with a local match total of$56,693 to be
21 provided when necessary, approve and authorize the Chair to sign the Community
22 Transportation Program Resolution and the Local Share Certification for Funding form
23 (Attachments 1 and 4), and authorize the Chair and the County Attorney to review and sign the
24 annual Certifications and Assurances document in Attachment 2.
25
26 VOTE: UNANIMOUS
27
28 b. Unified Development Ordinance Text Amendment— Recreational Land Uses —
29 Extension of Public Hearing
30 The Board considered continuing the public hearing on Planning Director initiated
31 Unified Development Ordinance (UDO) text amendments to revise existing regulations
32 governing the development and use of recreational land uses and defer the hearing by
33 adjourning it to December 7, 2015.
34 Michael Harvery, Orange County Planner III, reviewed the following information:
35 This item was presented at the September 8, 2015 Quarterly Public Hearing. As
36 articulated during the hearing, staff and the County Attorney's office have determined existing
37 definitions and classification methodology for recreation land uses are inappropriate. Staff
38 proposed new definitions, as well as new development standards, for recreational land uses.
39 The public hearing was adjourned to the November 5, 2015 BOCC meeting in order to receive
40 the Planning Board recommendation.
41 This item was presented at the October 7, 2015 Planning Board meeting where
42 members requested additional modifications and information on potential impacts of proposed
43 regulations.
44 Michael Harvery said a revised abstract has been given to the Board and asked the
45 Board of County Commissioners (BOCC) to extend and adjourn the hearing until the January
46 21, 2016 regular meeting.
47 Commissioner Dorosin asked if the item is still open for comments.
48 Michael Harvey said no further public comments are allowed, but written comments can
49 be made to the Planning Board only.
6
1 John Roberts said there is more flexibility with legislative matters, as they are not quasi-
2 judicial. He said if someone really wanted to comment on this until January, he would probably
3 permit it; but technically there should be no more public comment allowed.
4
5 A motion was made by Commissioner Dorosin, seconded by Commissioner Burroughs
6 to continue the public hearing until January 21, 2016 to allow the Planning Board to complete its
7 review.
8
9 VOTE: UNANIMOUS
10
11 c. Zoning Atlas Amendment - Jacobs Glass Rezoning - Closure of Public Hearing
12 and Action (No Additional Comments Accepted)
13 The Board received the Planning Board recommendation, considered closing the public
14 hearing, and making a decision on an owner initiated request to rezone a split zoned 9.8 acre
15 parcel of property in accordance with the provisions of Section 2.9.2 of the Unified Development
16 Ordinance.
17 Michael Harvery reviewed the following background, and additional information provided
18 via answers to questions from both the Planning Board and the BOCC.
19 BACKGROUND:
20 This item was presented at the September 8, 2015 Quarterly Public Hearing. During the
21 public hearing the following questions/comments were made:
22 1. A BOCC member asked if the property owner will have to maintain land use buffers along
23 NC 751 and adjacent residential property, both in Orange and Durham counties, if the property
24 were rezoned.
25 STAFF COMMENT.- The property owner will have to comply with established buffers,
26 including:
27 a. The 100 foot perimeter Economic Development District (EDD) buffer required under
28 Section 6.8.12 (C) (1) of the UDO along the southern property line (i.e. railroad right-of-
29 way) and eastern property line (i.e. Durham County line), and
30 b. A 20 foot Type A land use buffer along NC 751 in accordance with Section 6.8.12 (C)
31 (13) of the U DO.
32 The aforementioned land use buffers are the same for EDE-1 and EDE-2 zoned property.
33
34 2. A Planning Board member asked if approval of the rezoning petition grants development
35 rights allowing for the expansion of the existing commercial operation.
36 STAFF COMMENT.-As indicated during the public hearing, approval of the zoning atlas
37 amendment does not eliminate the applicant's responsibility to apply for, and obtain, site
38 plan approval and a Zoning Compliance Permit allowing for the expansion of the existing
39 business as required by Section 2.5 of the UDO.
40
41 A motion was made by Commissioner Price, seconded by Commissioner Pelissier to
42 close the public hearing and adopt the Statement of Consistency, contained within Attachment
43 5, and the Ordinance amending the Zoning Atlas, contained within Attachment 6, as
44 recommended by the Planning Board and staff.
45
46 VOTE: UNANIMOUS
47
48 d. Zoning Atlas Amendment: Conditional Zoning — Master Plan Development
49 Conditional Zoning District (MPD-CZ) Hart's Mill - Closure of Public Hearing and
50 Action (No Additional Comments Accepted)
7
1 The Board considered receiving the Planning Board recommendation, closing the public
2 hearing, and making a decision on a request to rezone a 112 acre parcel of property to Master
3 Plan Development— Conditional Zoning (MPD-CZ) district in accordance with the provisions of
4 Section 2.9.2 of the Unified Development Ordinance.
5 Michael Harvey reviewed the following information:
6
7 BACKGROUND:
8 This item was presented at the May 26, 2015 Quarterly Public Hearing. Excerpt of
9 minutes from the hearing are contained in Attachment 2. Conditional Zoning District (CZD)
10 Process: The process involves the approval of a rezoning petition and site plan allowing for the
11 development of specific land use(s) on a parcel of property. Applications are processed in a
12 legislative manner (i.e. does not require sworn testimony or evidence) and decisions are based
13 on the BOCC's determination that the project is consistent with the purpose and intent of the
14 Comprehensive Plan. The typical cadence for the review of a CZD application is:
15 • First Action — Planning staff schedules a Neighborhood Information Meeting (NIM).
16 Staff Comment— DONE. This meeting was held on April 8, 2015.
17 • Second Action —The BOCC and Planning Board review the application at 1 of 4 joint
18 Quarterly Public Hearings.
19 Staff Comment— DONE. The public hearing was held on May 26, 2015.
20 • Third Action —The Planning Board makes a recommendation on the proposal.
21 Staff Comment— DONE. The Planning Board began their review of this item at its July
22 1, 2015 regular meeting and recommended approval of the project at its September 2,
23 2015 regular meeting.
24 • Fourth Action —The BOCC receives the Planning Board recommendation and makes a
25 decision.
26 Staff Comment—The BOCC will receive the Planning Board recommendation at its
27 November 5, 2015 regular meeting. As articulated at the public hearing, the proposed
28 project is a village style development with approximately 34 dwelling units and involves
29 the preservation of the majority of the property as vegetative open space and farm area
30 (i.e. pasture and crop production). The residential portion of the project would occupy
31 approximately 22 acres of the parcel with another 5 to 8 acres being used to support the
32 proposed septic system. The remaining acreage would be preserved as farmland and
33 dedicated open space.
34
35 During the public hearing the following comments were made:
36 1. There was general support for the project.
37
38 2. A BOCC member requested additional information on the ownership mechanism proposed
39 by the applicant, expressing concern(s) over how residents will own their individual housing
40 units and surrounding property.
41 STAFF COMMENT: Please refer to Attachment 3 of the abstract for the applicant's
42 response.
43
44 3. A BOCC member asked for clarification on the imposition of conditions.
45 STAFF COMMENT: As detailed in the public hearing abstract, mutually agreed upon
46 conditions can be imposed as part this process only if they address:
47 i. The compatibility of the proposed development with surrounding property,
48 ii. Proposed support facilities (i.e. roadways and access points, parking, pedestrian and
49 vehicular circulation systems, screening and buffer areas, etc.) and/or
50 iii. All other matters the County may find appropriate or the petitioner may propose.
8
1 The applicant has verbally indicated they have accepted the recommended conditions.
2 Further staff has been informed a letter signifying same will be presented at the
3 November 5, 2015 regular BOCC meeting.
4
5 4. A BOCC member asked staff to clarify proposed and allowable density.
6 STAFF COMMENT: The property is located within the Rural Residential (R-1)
7 general use zoning district and the Upper Eno Protected Watershed Protection Overlay
8 District allowing for a density of 1 dwelling unit for every 40,000 sq. ft.(0.92 acres) of
9 property.
10
11 The property is also located within the 20 Year Transition Area as denoted on the Future
12 Land Use Map and is designated as being Urban on the Growth Management System
13 Map indicating urban densities are permitted.
14
15 This could result in a total of 112 dwelling units being developed on the property based
16 purely on the size of the parcel and not taking other factors into consideration (i.e.
17 adequate soils for septic, road access, permitting process, presence of stream and
18 other environmental features, etc.).
19
20 If approved the project would only allow for 1 dwelling unit for approximately every 3.2
21 acres of property and 34 dwelling units.
22
23 5. A Planning Board member asked if additional dwelling units could be added in the future.
24 STAFF COMMENT: The plan could be modified through the submittal and processing of
25 a new Conditional Zoning District petition. This would require holding a new
26 neighborhood information meeting and a public hearing to review the proposal.
27
28 6. A BOCC member asked if the applicant was being asked to extend road access to adjacent
29 parcels.
30 STAFF COMMENT: It is not practical to extend the proposed roadway to the east due to
31 the presence of streams and floodplain. There is no perceived benefit in requiring
32 connection with adjoining subdivisions as this could create traffic concerns for adjacent
33 neighborhoods.
34
35 7. A BOCC member asked the applicant to provide additional detail on the proposed 6 inch
36 water line serving the project and if the line would be adequate to support water for both
37 consumption and firefighting capabilities.
38 STAFF COMMENT: Please refer to Attachment 3 of the abstract for the applicant's
39 response.
40
41 In consultation with the Fire Marshal and Orange County Emergency Services staff is
42 recommending a condition requiring the final size of required waterlines to be
43 determined at time of permitting with the review and approval of the Orange County Fire
44 Marshal.
45
46 8. Several BOCC members asked for clarification on the proposed septic system for the project.
47 STAFF COMMENT: Please refer to Attachment 3 of the abstract for the applicant's
48 response.
49
9
1 9. Planning staff indicated the applicant was asked to provide additional detail on proposed
2 landscaping in and around individual residential structures.
3 STAFF COMMENT: Please refer to Attachment 3 of the abstract for the applicant's
4 response.
5
6 At the July 1, 2015 Planning Board meeting the following additional information was requested:
7 1. A Planning Board member asked if there were any marketing materials available for the
8 project and, if so, if copies could be provided.
9 STAFF COMMENT: Please refer to Attachment 5 of the abstract for the applicant's
10 response.
11 2. Several Planning Board members asked if the applicant was going to allow for the creation of
12 recreational amenities/land uses on the property. There was a concern expressed over
13 requiring the applicant to come back through the process to amend the approved Conditional
14 Zoning district to add a recreational amenity.
15 STAFF COMMENT: The site plan has been modified to include identified recreation
16 areas.
17 The proposed development conditions contained in Attachment 9 were modified to spell
18 out permitted recreational amenities for residents.
19 3. A Planning Board member asked for a more detailed breakdown of anticipated farm activities
20 that would be allowed on the property.
21 STAFF COMMENT: Please refer to Attachment 5 of the abstract for the applicant's
22 response.
23 4. The Planning Director asked the applicant to provide additional information on the promotion
24 of"crime prevention through environmental design".
25 STAFF COMMENT: Please refer to Attachment 5 of the abstract for the applicant's
26 response.
27
28 Michael Harvey reviewed the detailed information in the abstract and the Planning
29 Board's recommendation.
30 Chair McKee asked if the letter of consistency is in attachment 7 or 8.
31 Michael Harvey said attachment 7 contains the letter of consistency approved by the
32 Planning Board, under their signature. He said attachment 8 contains a letter of consistency for
33 the BOCC to approve on its own.
34 Commissioner Pelissier referred to the list of the conditions on page 64 and asked if
35 there are specific square footage requirements for meeting facilities.
36 Michael Harvey said the Applicant did not propose one and the planning staff did not
37 feel it necessary to require one.
38
39 A motion was made by Commissioner Price, seconded by Commissioner Pelissier to
40 close the public hearing, and to adopt the Statement of Consistency, contained within
41 Attachment 8, and the Ordinance amending the Zoning Atlas, contained within Attachment 9, as
42 recommended by the Planning Board and staff.
43
44 VOTE: UNANIMOUS
45
46 e. Unified Development Ordinance Text Amendment— Public Hearing Process
47 Revisions - Closure of Public Hearing and Action (No Additional Comments
48 Accepted)
49 The Board considered receiving the Planning Board recommendation, closing the public
50 hearing, and making a decision on text amendments to the Unified Development Ordinance
10
1 (UDO) initiated by the Planning Director to revise the existing public hearing process for UDO-,
2 Comprehensive Plan, and Zoning Atlas-related items.
3 Perdita Holtz, Orange County Planning Systems Coordinator, said they are here tonight
4 to possibly adopt these text amendments.
5 Perdita Holtz made the following PowerPoint presentation:
6
7 Public Hearing Process
8 Board of County Commissioners Meeting
9 November 5, 2015
10 Item 5-e
11
12 Recent History
13 • Heard at September 8 Quarterly Public Hearing
14 • Purpose:
15 o To revise the current public hearing process for Comprehensive Plan, Unified
16 Development Ordinance, and Zoning Atlas Amendments
17 ■ Allow the public to make comments at the end of the legislative process.
18 ■ No longer require only written comments after the public hearing.
19 ■ Do not require a quorum of Planning Board members in order to hold a
20 quarterly public hearing (but members expected to attend the hearings).
21 ■ Streamline and speed up the review/decision process when possible.
22 ➢ Have option to make a decision the night of the hearing on items
23 with little controversy.
24
25 Revisions Since Version Presented at Public Hearing
26 • Retain newspaper legal advertisement for Special Use Permits
27 • Increase notice distance requirements from 500 feet to 1,000 feet for all projects that
28 require mailed notices
29 o Mail notices via first class mail rather than certified mail to keep costs and staff
30 time lower
31
32 Planning Board Input on Quorum Requirement
33 • Majority of Planning Board members felt that, while the Planning Board should be
34 expected to attend the quarterly public hearings, a quorum of Planning Board members
35 should not be necessary in order to hold a public hearing
36 • Suggested addition of language to the Planning Board Policies and Procedures
37 document to provide clarity for members regarding attendance
38
39 Timeline Examples
40 • Process for legislative items could be streamlined down to as little as 8 weeks from
41 application deadlines if revised process is adopted
42 • Process for quasi-judicial items could be streamlined down to as little as 10 weeks from
43 application deadlines
44 • Ability to have additional review time when warranted is retained in the proposed
45 processes
46
47 Planning Board Recommendation
48 • Adopted Statement of Consistency (9-2 vote)
49 • Recommended approval of proposed amendment package (9-2 vote)
11
1
2 Additional Information
3 • If adopted, effective date would be January 1, 2016
4 o Items proposed for the February 2016 quarterly public hearing would be first
5 items processed under the revised procedure
6 • A review of the revised process will be conducted after 1 year
7 o Report to BOCC in early 2017
8
9 Recommendation
10 • Receive the Planning Board's recommendation
11 • Close the public hearing
12 • Deliberate as necessary on the proposed amendments
13 • Decide accordingly and/or adopt the Statement of Consistency (Attachment 2) and the
14 Ordinance and Planning Board Policies and Procedures (Attachment 3), as
15 recommended by the Planning Board and staff.
16
17 Commissioner Rich asked who would bear the responsibility to act if someone needed
18 to be removed from the Planning Board for non-attendance at quarterly public hearings.
19 Perdita Holtz said that authority would lie with the Board of County Commissioners.
20 John Roberts said any Chair, of any advisory board, might excuse anyone from a
21 meeting for reasons such as for sickness.
22 Commissioner Dorosin extended his appreciation to Perdita Holtz for her work on this
23 item.
24 Commissioner Dorosin said he wanted to highlight the streamlining of the process and
25 noted that this will allow for more public engagement throughout the entire hearing process,
26 which is consistent with the BOCC's stated values of transparency and public engagement.
27 Commissioner Price said if the Board of County Commissioners is unable to make a
28 decision when the hearing is closed, the Board used to be able to refer it back to the Planning
29 Board. She asked if this would still be possible.
30 Perdita Holtz said with legislative items the Board could do so, but a quasi judicial item
31 would need to be brought back in a public hearing which would be have to be extended.
32 Commissioner Price also thanked Perdita Holtz for her work on this issue.
33
34 A motion was made by Commissioner Price, seconded Commissioner Dorosin to close
35 the public hearing and adopt the Statement of Consistency, contained within Attachment 2, and
36 the Ordinance amending the UDO and Planning Board Policies and Procedures, contained
37 within Attachment 3, as recommended by the Planning Board and staff.
38
39 VOTE: UNANIMOUS
40
41 6. Consent Agenda
42
43 • Removal of Any Items from Consent Agenda
44 Item 6-b by Chair McKee
45
46 • Approval of Remaining Consent Agenda
47
48 A motion was made by Commissioner Price, seconded by Commissioner Rich to
49 approve the remaining items on the Consent Agenda.
12
1
2 VOTE: UNANIMOUS
3
4 Discussion and Approval of the Items Removed from the Consent Agenda
5
6 b. Motor Vehicle Property Tax Releases/Refunds
7 The Board considered adopting a resolution to release motor vehicle property tax values
8 for four (4) taxpayers with a total of six (6) bills that will result in a net reduction of revenue of
9 $16,083.54, in accordance with the NCGS.
10 Chair McKee asked if the validity of the numbers in the item had been verified.
11 Dwane Brinson, Orange County Tax Administrator, said this is the market value for
12 these vehicles.
13
14 A motion was made by Commissioner Price, seconded by Commissioner Burroughs to
15 approve the adoption of a resolution, which is incorporated by reference, to release motor
16 vehicle property tax values for four (4) taxpayers with a total of six (6) bills that will result in a
17 net reduction of revenue of$16,083.54, in accordance with the NCGS.
18
19 VOTE: UNANIMOUS
20
21 a. Minutes
22 The Board approved the minutes from September 29, October 1, and October 6, 2015 as
23 submitted by the Clerk to the Board.
24 c. Property Tax Releases/Refunds
25 The Board adopted a resolution, which is incorporated by reference, to release property tax
26 values for four (4) taxpayers with a total of nine (9) bills that will result in a net reduction of
27 revenue of$10,373.16, in accordance with North Carolina General Statute 105-381.
28 d. Applications for Property Tax Exemption/Exclusion
29 The Board approved three (3) untimely applications for exemption/exclusion from ad valorem
30 taxation for three (3) bills for the 2015 tax year.
31 e. Unified Development Ordinance Amendment Outline and Schedule— Engineering
32 Standards for Development
33 The Board approved process components and schedule for an upcoming government-initiated
34 amendment to the Unified Development Ordinance (UDO) incorporating engineering standards
35 for property development.
36
37 7. Regular Agenda
38
39 a. Bicycle Safety Resolution and Next Steps
40 The Board considered approving a resolution supporting public and private efforts to
41 increase safety awareness between motorists and bicyclists, roadway safety improvements for
42 bicyclists, and authorizing next steps.
43 Abigaile Pittman, Orange County Planning and Inspections, said staff was directed to
44 bring this item back to the Board of County Commissioners this fall. She reviewed the
45 recommendations included in the abstract, as well as the proposed resolution. She noted that
46 the recommendation regarding a task force is not supported by the County Manager's Office.
47 Bonnie Hammersley said she wanted to elaborate about not recommending a task
48 force. She said she had conversations with the Sheriff, and the County has accomplished
49 most of that over which the County has jurisdiction. She said setting up a County task force
13
1 without jurisdiction will lead to failure. She said the State Patrol does the enforcement, and the
2 Department of Transportation (DOT) is responsible for County roads.
3 Commissioner Pelissier referred to page 2, saying a lot of it refers to what DOT does.
4 She asked if requests have been made to DOT for any of these improvements.
5 Bonnie Hammersley said these items have been discussed with DOT at past meetings.
6 Abigaile Pittman said DOT is aware of this report and the bicycle safety group has met
7 with both the DOT and the Sheriff's office. She said DOT is willing to review some of these
8 improvements but it has to be for more than just bicycles.
9 Commissioner Rich referred to page 2, item number 3. She asked if there are current
10 enforcement efforts that are seeking to be enhanced.
11 Abigaile Pittman said the County does not have such authority and these efforts would
12 fall under the Sheriff's office.
13 Bonnie Hammersley said the Sheriff feels that he does not have as much authority as
14 the Highway Patrol, regarding citations.
15 Commissioner Rich asked if the enhancements would be more of an educational
16 campaign.
17 Abigaile Pittman said the County can forward this resolution to the DOT and the Sheriff's
18 office in order to partner with bicycle education and to add information to their present quarterly
19 meetings, and also add pertinent information to their website about bicycle safety.
20 Commissioner Rich said all bicycle riders must follow proper road safety.
21 Commissioner Dorosin said enforcement efforts are different than raising public
22 awareness. He said the Sheriff can enforce traffic safety issues and the Sheriff's office knows
23 where the more critical spots are.
24 Commissioner Price asked if there could be a sub-committee of the Orange Unified
25 Transportation Board (OUTBoard), which could meet with residents to continue the
26 conversation and bring information back to the BOCC.
27 John Roberts said yes.
28 Commissioner Price asked if a staff person would have to be tasked to this group or
29 could just the sub-committee meet.
30 Bonnie Hammersley said this is not about staff. She said one option would be a sub-
31 committee that has staff available to provide support but the County leading a task force over
32 which it does not authority would be a challenge.
33 Bonnie Hammersley said she could take this information to the Chair of the OUTBoard.
34
35 PUBLIC COMMENT:
36 Paul Speight said he is the Deputy Chief of the Orange Grove Fire Departments. He
37 said about six weeks ago he and the Fire Chief were responding to an EMS call. On the way,
38 the Chief passed a bicyclist and Paul Speight was following about 500 feet behind. He said as
39 he approached the bicyclist, the cyclist made an abrupt turn, which caused Paul Speight to
40 almost turn over a fire truck. He said bicycles rarely stop at intersections, and many times
41 bicyclists do not move out of the way when they are running trucks out of their station. He said
42 they are asking cyclists to give EMS the right of way and to follow the laws.
43 Norma White said she lives in Little River Township and is speaking tonight on behalf of
44 Schley Grange 710. She said the members are strong advocates for rural road safety. She
45 said, at the request of Schley Grange, the North Carolina Grange included a bicycle resolution
46 on their legislative agenda. She asked if Orange County could adopt a similar resolution. She
47 read the resolution and provided it to the Clerk to the Board.
48 Heidi Perry said she rides in Orange County and has done so for 30 years while obeying
49 the laws. She said she would like to assist the fire department in finding cyclists that do not
50 move out of the way for EMS. She is a bicycle advocate appointed to the OUTBoard, is a
14
1 founding member of the Carrboro Bicycle Coalition, and a cycling advocate for over 30 years.
2 She is here just representing herself tonight. She said a year ago the Board of County
3 Commissioners tasked the OUTBoard to review this issue and the Board responded with a
4 report outlining how much time it would take to implement their recommendations. She said
5 she is pleased to see this resolution could be easily passed and then put on a shelf. She
6 requested to add the following amendments to the resolution:
7 f. To have a specific action plan that could address 10 goals to address cycle safety and
8 pedestrian safety.
9 g. Budget line item for bicycle safety for education.
10 Heidi Perry said she has rules of the road translated into several languages, which she is
11 happy to share with the Highway Patrol. She said there is a lot of room to work on safety
12 through education.
13 John Rees said he is an Orange County resident and today he represents the Carolina
14 Tar Heel Bicycle Club, which promotes the use of cycling and recreational cycling. He said
15 funding is important, and he reiterated that the road rules are for bicyclists too. He said the club
16 would like to work with Orange County on education. He said he is a cyclist himself and he and
17 the club follow the rules of the road. He said they are law-abiding residents and they like to
18 frequent local businesses in the County as they ride in Orange County.
19 Bonnie Hauser is speaking on behalf of Orange County Voice which has been working
20 on bike safety for years. She said Orange County Voice does not see education as the issue
21 but rather a small number of cyclists and motorists that are causing the problems, in addition to
22 roads that are not built for sharing. She said there are no consequences for cyclists that break
23 the rules of the roads. She said Orange County Voice supports the resolution from the Grange.
24 She asked the Board to consider a similar resolution on Orange County's legislative agenda.
25 Bonnie Hauser said off road cycling options are needed, such as the American Tobacco
26 Trail in Durham, and the Greenway in Wake County. She recommended the convening of a
27 task force to plan off road bikeways in Orange County in partnership with the Towns. She said
28 the task force must include residents from the rural communities.
29 Bryant Dodson said education does not seem to help a lot. He said he lives out near
30 Maple View Farms, which is a destination place. He said he has been working on this issue for
31 a long time and finds many cyclists do follow the rules. He said the ones that do not follow the
32 rules cause the real problems. He said he has been advocating for bicycle licenses and
33 suggested the County do this instead of the State. He said the only way to penalize cyclists is
34 to give them consequences.
35 Kim Dodson said there is a huge need on this issue in their community. She said when
36 a vehicular law is broken people call 911 but if a bike law is broken there is no one to call. She
37 said there is no form of identification. She said tickets are given out to bike riders on campus,
38 but in the rural community this protection does not exist. She asked if the BOCC could please
39 help in the Orange Grove community.
40 Stanley Ray Hoffman lives in Chapel Hill and has been a cyclist for over 50 years. He
41 said he uses the highways and roads. He said he appreciated the discussion but suggested if
42 the topic could be seen from his perspective it would be different. He said motorists are the
43 dangerous ones and laws should be enforced as they apply to both motorists and cyclists. He
44 said he is happy to see a Sheriff's car anytime. He said cyclists are traffic on the road and most
45 obey the law. He said they want law enforcement to enforce the law anywhere and anytime.
46 Commissioner Price said she wanted to re-visit the idea of a sub-committee and is open
47 to suggestions.
48 John Roberts said the BOCC could direct the OUTBoard to create a sub-committee
49 without staff support.
15
1 Commissioner Rich said it sounds like there is already a group from the OUTBoard that
2 are discussing this topic and asked if Heidi Perry could confirm.
3 Heidi Perry said when the report was put together in June, a sub-committee of the
4 OUTBoard and residents was formed. She said this is doable again.
5 Commissioner Rich said this should be a continuing committee to help achieve some of
6 their proposed goals and to create an action plan.
7 Heidi Perry said it may be helpful to have some data to support generalizations and
8 suggested bringing in Highway Patrol.
9 Commissioner Rich said the OUTBoard already has a sub-committee and to re-convene
10 it. She said it is important to have some sort of funding mechanism for this issue and
11 suggested that the subcommittee bring back a recommendation.
12 Commissioner Dorosin said a subcommittee of the OUTBoard would be just members of
13 the OUTBoard and he suggested adding more members of the community.
14 Commissioner Dorosin referred to the Manager not recommending a task force and said
15 he believes there are things the Board can do, including a more specific resolution. He said
16 the specific items on the abstract should be put in the resolution. He said having some
17 designated bike trails is something the County could do, providing other places for people to
18 ride. He said more funding could be put into the roads, more than just a sign. He said law
19 enforcement could monitor certain trouble areas. He said there could be a more
20 comprehensive approach and to bring the different partners together through a sub-committee
21 or committee.
22 Commissioner Price said the Board charged the OUTBoard to look at this issue last
23 year, and she seeks to continue the conversation. She said the subcommittee could include
24 community members.
25 Bonnie Hammersley said when the petition came last year the issue arose that the
26 OUTBoard cannot appoint outside members, but the BOCC can appoint other citizens outside
27 of the group. She said the BOCC could create a charge to help the task force to succeed,
28 staying within the areas where the County has authority.
29 Commissioner Rich said citizens came to the OUTBoard's previous committee
30 meetings.
31 Bonnie Hammersley said those citizens were not appointed to the committee, but rather
32 the citizens just attended.
33 John Roberts said one of the charges for the OUTBoard is to solicit information from the
34 public, and that is acceptable without formal appointment.
35 Commissioner Pelissier said some boards hold community forums for specific issues
36 and encouraged the OUTBoard to continue this discussion. She said there is a lot of
37 community discussion about enforcement. She said she would urge OUTBoard to look not only
38 at enforcement, with the exception of legislative issues.
39 John Roberts asked if the BOCC is seeking for the legislature to apply laws to bicyclists.
40 Commissioner Pelissier said not necessarily. She said she is interested in hearing what
41 the public would suggest the BOCC consider as a legislative issue.
42 John Roberts said the North Carolina General Statute (NCGS) does include bicycles
43 and they are subject to same laws as motorists, where applicable.
44 Commissioner Pelissier said the State had a concerted effort regarding pedestrian
45 safety and maybe the same can be done with bicyclists.
46 Commissioner Pelissier said there are long-term plans for bicycle lanes in the rural
47 areas of the County, but they are far out and are expensive. She said the State has cut funding
48 for pedestrian and bike projects this year, and bike lanes are too costly for the County to
49 consider.
16
1 Commissioner Burroughs suggested looking at the Grange resolution, at a minimum.
2 She asked if cyclists can be penalized in the same way as drivers of vehicles.
3 John Roberts said yes, the statute is very clear that the laws applicable to drivers apply
4 equally to cyclists.
5 Commissioner Dorosin asked if there is an advantage of a subcommittee over a task
6 force.
7 Bonnie Hammersley said from her perspective a task force would require appointments
8 from the Board of County Commissioners and a sub committee can have community input and
9 meetings without the formal process.
10 Commissioner Price said the task force is more formal and the sub-committee could
11 continue what it has been doing. She would like the group to do the work and have community
12 participation.
13 Commissioner Rich said this resolution is incomplete and asked if there are next steps.
14 Chair McKee said the item could be sent back to staff and create a task force or sub-
15 committee.
16 Chair McKee said this item is not ready for prime time and he would prefer deferment.
17 He said Commissioner Pelissier said many of the Board members have served on
18 transportation groups and added that many bike projects do not get funded. He said his main
19 concern is not for individual riders, but rather the groups of riders of 25-50 or more. He said the
20 issue of identifying cyclists is a real problem and he believes the conversation must include the
21 topic of licensing bikes on the road in order to identify individuals.
22 Bonnie Hammersley said she would suggest that the Board send it back to staff for a
23 recommendation, which staff will bring back after the holiday break. She said she would meet
24 with the OUTBoard Chair and also the Sheriff to ask him to respond to the Board of County
25 Commissioners at a public meeting.
26 Commissioner Pelissier said a resolution can come back to the Board but this may be
27 an on-going issue. She said all of the advisory boards do a work plan each year and to put
28 these items in the OUTBoard work plan.
29 Commissioner Price said the community just wanted to be heard on this issue. She said
30 she was required to have a bike license as a child so it is not a foreign idea.
31 Commissioner Rich suggested talking to the County's Communication Department to
32 see what would be the best way to bring this education forward to County visitors.
33 Chair McKee said there was an issue with deer hunting years ago and it came down to
34 printing the laws and placing them everywhere in the County. He said making the laws readily
35 available is one tool to address this issue.
36 Commissioner Rich said the laws could be placed on a bike map of Orange County, on
37 the web or in hard copy.
38
39 A motion was made by Commissioner Rich, seconded by Commissioner Pelissier to
40 refer the resolution back to the Manager to be fleshed out, and for the Manager do all she said
41 and the Board will revisit this in January or February 2016.
42
43 VOTE: UNANIMOUS
44
45 8. Reports
46
47 a. Community Giving Fund Update
48 The Board received an update on the Orange County Community Giving fund, its
49 evolution to date, and its anticipated future developments and provide comments and direction
50 as appropriate.
17
1 Bob Marotto, Orange County Animal Services Director, reviewed the following
2 information:
3 BACKGROUND:
4 In 2013, the Orange County Community Giving Fund was created as a mechanism for
5 residents and others to make donations to the County for specific public purposes. The fund is
6 County-wide and all departments have an equal opportunity to participate in this purpose.
7 The creation of the fund was partially in response to feedback that there may be
8 hesitations on the part of the public to donate to the County's general fund. Of special concern
9 was that people did not believe that they are able to decide where and how donated money is
10 used. Additionally, the ability to roll funds over from one year to another was challenging and a
11 secondary fetter on purposive giving.
12 The Community Giving Fund, in contrast, contains a structure that guarantees donations
13 will only be used for the specified purpose for which they are made. It also has an advantage of
14 rolling funds over from year to year for specific projects and programs that may be long-term
15 and unable to be completed in a shorter time frame. All donations to the fund are tax-exempt.
16 The fund has continued to grow annually, in both scope and size, with several changes
17 being made along the way as the County has become more familiar with its opportunities and
18 how to most effectively fit them to its needs. One of these has been introducing the ability to
19 refresh the menu of giving opportunities on a semi-annual basis as needs change and grow
20 within departments or on the County level. Another has been the introduction of the fund to the
21 County's Combined Giving Campaign, a change that first took place in 2014 and will continue
22 for the upcoming 2015 drive.
23 Most recently the County has begun to connect larger initiatives to the potential provided
24 by the Community Giving Fund. Illustrations include the Family Success Alliance, My Brother's
25 Keeper, and the Veteran's Memorial. In the latter case, efforts were underway to find a suitable
26 donation mechanism for the memorial; and ultimately, funds were transferred from another
27 source into the Community Giving Fund to jumpstart the project.
28 Currently, the managing committee for the Community Giving Fund is considering
29 extending outreach about the fund to civic groups active in the County. It is anticipated that this
30 would take place in the form of in-person presentations to a broad range of active civic
31 organizations in Orange County. In addition to its form and content, thought is being given to
32 the timing of such an outreach initiative.
33
34 RECOMMENDATION(S): The Manager recommended that the BOCC receive the update from
35 staff on the Orange County Community Giving Fund and provide comments and direction as
36 appropriate.
37 Bob Marotto made the following PowerPoint presentation:
38
39 Community Giving Fund
40 Where We Are, Where We're Going
41
42 History
43 Started in 2013
44 A young endeavor still
45 Has grown and continues to grow in potential
46 — i.e. Animal Services dog play yard
47 Managed by the Triangle Community Foundation, a 501(c)3 organization
48 — They're able to handle various types of donations
49 — They receive a small percentage for their services
50 Stats
18
1 Since 2013, $71,000 has been raised
2 Growing annually
3 - 2013 - $9,300
4 - 2014 - $32,600
5 - 2015 - $30,000 (thus far)
6 In 2014, it was incorporated into Combined Giving Campaign
7 - County employees gave $7,000 that year
8
9 Scope
10 Creative funding opportunities
11 - Stocks, Real Property, etc
12 Earmarked funds
13 Rolls over annually
14 Relieves fear of donating to general fund
15
16 Opportunities
17 County-wide Initiatives
18 - Combined Giving Campaign
19 - Veteran's Memorial
20 - Family Success Alliance
21 - My Brother's Keeper
22 Presentations Underway with Civic Groups
23 - Will talk about opportunities to do more in the County and dedicated giving to
24 public pursuits
25
26 Commissioner Burroughs referred to the unallocated donations, and asked if Bob
27 Marotto could expand on these $3000.
28 Bob Marotto said these are people who have given gifts that were not earmarked for a
29 specific purpose.
30 Commissioner Burroughs asked if there is a process to determine where these
31 unallocated funds go.
32 Bob Marotto said the fund is evolving, and people are starting to recognize that there
33 are specific line items. He said the Manager could make the decision about the usage of
34 unallocated funds.
35 Commissioner Dorosin asked if there are ways that this fund has been publicized to
36 residents.
37 Bob Marotto said the fund reached out to advisory boards and commissions providing a
38 portfolio of giving options, used the website, and talked about doing a systematic outreach to
39 civic organizations.
40 Bonnie Hammersley said it has been a fairly passive process to date and talking with
41 civic groups is more about education not fund raising.
42
43 9. County Manager's Report
44 Bonnie Hammersley reviewed the items for next week's work session:
45
46 Projected November 10, 2015 Work Session Topics
47 • Eligibility Changes for Food and Nutrition Benefit Recipients
48 • Space Study Update
49 • Affordable Housing Plan Update
50 • Annual Water Resources Update
19
1 Bonnie Hammersley said the NCACC will be doing a presentation to the BOCC on the
2 state statute for school funding on December 7th. She said any specific questions could be
3 forwarded to her by December 3,d
4
5 10. County Attorney's Report
6 NONE
7
8 11. Appointments
9
10 a. Hillsborough Board of Adjustment—Appointment
11 The Board considered making an appointment to the Hillsborough Board of Adjustment.
12
13 A motion was made by Commissioner Price, seconded by Commissioner Pelissier to
14 appoint Jamie Tomosunas to the Hillsborough Board of Adjustment to a partial term (position
15 #1) "ETJ County-Alternate" expiring 06/30/2017.
16
17 VOTE: UNANIMOUS
18
19 b. Historic Preservation Commission —Appointments
20 The Board considered making appointments to the Historic Preservation Commission.
21 Commissioner Price said there are two different interpretations of the statute and asked
22 if the applicant must to live in the County and the Town of Hillsborough, or only the County.
23 John Roberts said he interpreted these statutes to mean that whomever is appointed
24 must be a resident of the County's territorial jurisdiction (anywhere within the County lines),
25 which includes towns. Conversely, a town's Historic Preservation Commission (HPC) cannot
26 include county residents except those from an ETJ area.
27 These are the applicable statutes:
28
29 § 160A-400.2. Exercise of powers by counties as well as cities.
30 The term "municipality" or "municipal" as used in G.S. 160A-400.1 through 160A-400.14
31 shall be deemed to include the governing board or legislative board of a county, to the end that
32 counties may exercise the same powers as cities with respect to the establishment of historic
33 districts and designation of landmarks
34
35 § 160A-400.7. Historic Preservation Commission.
36 Before it may designate one or more landmarks or historic districts, a municipality shall
37 establish or designate a historic preservation commission. The municipal governing board shall
38 determine the number of the members of the commission, which shall be at least three, and the
39 length of their terms, which shall be no greater than four years. A majority of the members of
40 such a commission shall have demonstrated special interest, experience, or education in
41 history, architecture, archaeology, or related fields. All the members shall reside within the
42 territorial jurisdiction of the municipality as established pursuant to G.S. 160A-360. The
43 commission may appoint advisory bodies and committees as appropriate.
44
45 § 160A-360. Territorial jurisdiction.
46 (a) All of the powers granted by this Article may be exercised by any city within its corporate
47 limits. In addition, any city may exercise these powers within a defined area extending not more
48 than one mile beyond its limits.
49
50 § 160A-400.8. Powers of the Historic Preservation Commission.
20
1 A preservation commission established pursuant to this Part may, within the zoning
2 jurisdiction of the municipality:
3
4 A motion was made by Commissioner Price, seconded by Commissioner Dorosin to
5 appoint the following to the HPC:
6
7 • Jaime Grant to a first full term (Position #1) At-Large expiring 03/31/2018.
8 • Thomas Loter to a partial term (Position #2) At-Large expiring 06/30/2017.
9 • Kolby Herndon to (Position #3) At-Large for expiring 03/30/2018.
10
11 VOTE: UNANIMOUS
12
13 c. Human Relations Commission —Appointments
14 The Board considered making an appointment to the Human Relations Commission
15 (H RC).
16
17 A motion was made by Commissioner Pelissier, seconded by Commissioner Price to
18 appoint the following to the HRC:
19
20 Colin O'Banion to a partial term (Position #2) "Town of Carrboro" representative
21 expiring 06/30/2017.
22
23 VOTE: UNANIMOUS
24
25 A motion was made by Commissioner Dorosin, seconded by Commissioner Price to
26 appoint Desiree Rockett to position #15-At-Large position- expiring June 30, 2017.
27
28 VOTE: UNANIMOUS
29
30 d. Mebane Planning Board —Appointment
31 The Board considered making an appointment to the Mebane Planning Board.
32
33 A motion was made by Commissioner Price, seconded by Commissioner Burroughs to
34 appoint the following to the Mebane Planning Board:
35
36 Thomas Fenske for an additional term (Position #1) "Extraterritorial Jurisdiction" for
37 expiring 06/30/2019.
38
39 VOTE: UNANIMOUS
40
41 e. OPC Oversight Board —Appointments
42 The Board considered making appointments to the OPC Oversight Board.
43
44 A motion was made by Commissioner Price, seconded by Commissioner Pelissier to
45 appoint the following to the OPC Oversight Board:
46
47 • Mary Cay Corr to a second full term (Position #1) BOCC Designee expiring
48 06/30/2018.
49 • Jesse Brunson to a first full term (Position #2) Consumer or Family Member
50 representative expiring 06/30/2018.
21
1
2 VOTE: UNANIMOUS
3
4 f. Orange County Planning Board —Appointments
5 The Board considered making appointments to the Orange County Planning Board.
6
7 A motion was made by Commissioner Dorosin, seconded by Commissioner Price to
8 appoint Patricia Roberts to a first full term (position #3) "Cheeks Township" expiring
9 03/31/2018.
10
11 VOTE: UNANIMOUS
12
13 12. Board Comments
14 Commissioner Rich said she heard a discussion on WCHL with the Department on
15 Aging. She said it was good conversation about the diversity at the County senior centers.
16 Commissioner Pelissier attended the Nursing Home Advisory Committee meeting, and
17 she was very impressed with this board and its members' dedication.
18 Commissioner Dorosin said he had no comments.
19 Commissioner Burroughs said she had no comments.
20 Commissioner Price said she visited the Rogers Road Community Center Halloween
21 event and it was nice to see the community center being used by so many groups of people.
22 Chair McKee attended the press conference at the Lincoln Center about the
23 achievement gap and has been invited to speak to the Southern branch of the Orange County
24 National Association for the Advancement of Colored People (NAACP) on Saturday, November
25 7th.
26
27 13. Information Items
28
29 • October 20, 2015 BOCC Meeting Follow-up Actions List
30 • Tax Collector's Report— Numerical Analysis
31 • Tax Collector's Report— Measure of Enforced Collections
32 • Tax Assessor's Report— Releases/Refunds under $100
33 • BOCC Chair Letter Regarding Petitions from October 20, 2015 Regular Meeting
34
35 14. Closed Session
36 A motion was made by Commissioner Burroughs, seconded by Commissioner Rich to
37 go into closed session at 9:41 p.m. for the purpose of:
38
39 "To discuss the County's position and to instruct the County Manager and County Attorney on
40 the negotiating position regarding the terms of a contract to purchase real property," NCGS §
41 143-318.11(a)(5).
42
43 VOTE: UNANIMOUS
44
45 RECONVENE INTO REGULAR SESSION
46 A motion was made by Commissioner Price, seconded by Commissioner Burroughs to
47 reconvene into regular session at 10:20 p.m.
48
49 VOTE: UNANIMOUS
50
22
1 15. Adjournment
2 A motion was made by Commissioner Burroughs, seconded by Commissioner Price to
3 adjourn the meeting at 10:20 p.m.
4
5 VOTE: UNANIMOUS
6
7 Earl McKee, Chair
8
9 Donna Baker
10 Clerk to the Board
11
1
I Attachment 2
2
3 DRAFT MINUTES
4 ORANGE COUNTY BOARD OF COMMISSIONERS
5 WORK SESSION
6 November 10, 2015
7 7:00 p.m.
8
9 The Orange County Board of Commissioners met for a work session on Tuesday,
10 November 10, 2015 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C.
11
12 COUNTY COMMISSIONERS PRESENT: Chair McKee and Commissioners Mia Burroughs,
13 Mark Dorosin, Barry Jacobs, Bernadette Pelissier, Renee Price and Penny Rich
14 COUNTY COMMISSIONERS ABSENT:
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Assistant County Manager
17 Travis Myren and Clerk to the Board Donna Baker (All other staff members will be identified
18 appropriately below)
19
20 Chair McKee called the meeting to order at 7:02 p.m.
21
22 1. Eligibility Changes for Food and Nutrition Benefit Recipients
23 Nancy Coston, Orange County Department of Social Services (DSS) Director, said they
24 are here to give the Board of County Commissioners (BOCC) an update on the changes to the
25 Food Nutrition Benefit Eligibility.
26 Nancy Coston reviewed the following information:
27 The Food and Nutrition Services program has included certain work registration
28 requirements. The most restrictive work requirements apply to the Able Bodied Adults Without
29 Dependents (ABAWD). Since 2008 and after the economic downturn, North Carolina has been
30 operating under a federal ABAWD waiver of the work requirements. Because the
31 unemployment rate has improved, some counties, including Orange, will no longer be able to
32 operate under the waiver effective January 1, 2016.
33 The people who are subject to these work requirements are between 18 and 49 years
34 old, do not live in a households with minors and have not been determined to be disabled.
35 There are also some temporary exceptions such as medical hardship. For those who are
36 subject to the work requirements, these individuals must be employed or in approved
37 employment and training activities for an average of at least 20 hours per week to be eligible to
38 receive benefits for the month. Individuals are allowed to receive benefits for only 3 months
39 during 36 months without meeting the work requirements. Initial data indicate over 1,500
40 individuals in Orange County who receive FNS benefits are subject to the ABAWD requirement.
41 It appears that about half have some earned income, but the current records do not reflect the
42 participants' hours worked or hours attending qualifying employment activities.
43 There are many tasks that must be completed by the Department of Social Services
44 (DSS) staff related to these new requirements. The first is to assess the 1,500 clients and to
45 identify those not already meeting these requirements. Other tasks involve developing
46 procedures for tracking all of these activities and training staff on the new NCFAST processes
47 related to the new eligibility requirements. Not only will this require considerable effort between
48 now and January, but the tracking will also be needed each month for all of the impacted
49 clients.
2
1 Lindsey Shewmaker, Human Services Manager, said an ABAWD is mentally and
2 physically able to work. She said ABAWDs have to work an average of 20 hours a week,
3 including self-employment, volunteer work, and participation in work programs. She said if
4 there are ABAWDs that do not meet these requirements they can receive 3 months' worth of
5 Food and Nutrition benefits, but then must wait 36 months, unless they are exempted. She said
6 the main reasons for being exempt are having a child in the home, receiving unemployment
7 benefits, and being physically or mentally unfit for employment.
8 Lindsey Shewmaker said a report from the State listed about 860 Orange County
9 ABAWD clients that currently lack income, each of whom will need to be reviewed locally to see
10 if any exemptions exist. She said a second report is expected from the State in December,
11 which will include the rest of the ABAWDs that do have some income, but no recorded work
12 hours.
13 Commissioner Dorosin asked if the total number of ABAWDs is 1,500 or 2,300.
14 Lindsey Shewmaker said 1,500 is the initial estimate from the State, but this number
15 may go up after the second report. She said DSS staff is currently seeking to help clients find
16 ways to keep their benefits.
17 Nancy Coston said DSS is not required to provide employment and training activities for
18 these participants, but the agency is planning to expand the voluntary program as an avenue
19 for them to meet the requirements. She said many of the activities planned for the expansion at
20 Hillsborough Commons should meet the requirements, and the agency is also looking at
21 expanding work experience at both County agencies and businesses in the community. She
22 said DSS will also work with Durham Technical Community College to identify courses that are
23 appropriate for these participants. She said, additionally, the agency would be working on
24 transportation and other support services needed to help the participants to continue receiving
25 benefits, while seeking additional employment skills.
26 Nancy Coston said this law goes into effect January 1St but clients would not lose their
27 benefits until April 1 at; thus, DSS needs to review their clients that fall in this category during this
28 time frame to try and find them ways not to lose their benefits, and secure proper
29 documentation. She said DSS needs to reach out and touch 1,500 people in 30 days and then
30 have options for those individuals that do not work 20 hours for week. She said the agency
31 cannot use for profit sites for work experience, but they can volunteer at non-profits and they
32 can work at public entities.
33 Commissioner Dorosin asked if the State has specific criteria to determine the list of
34 1,500 clients.
35 Nancy Coston said the first group the State ran are those who are able bodied but
36 showing no earned income. She said this first list has no wages and risk losing these benefits.
37 She said the next group were those who had some wages, but the number of hours being
38 worked is unknown, so they have to find out that information themselves, and there is an
39 estimate that there are 1,500 in Orange County that have this need.
40 Commissioner Dorosin asked if the number of people receiving food benefits in Orange
41 County is known, and who the State would have taken out of this number already.
42 Lindsey Shewmaker said about 6,000 people receive benefits, and the State has backed
43 out all the cases where there are children in the home, or there is a documented disability.
44 Commissioner Dorosin asked if there could be clarification regarding the for-profit
45 programs.
46 Nancy Coston said she is unclear about this aspect of the program and criteria. She
47 said she is not sure of what the final rule will be when all is said and done.
48 Commissioner Pelissier asked if individuals have been notified yet.
49 Lindsey Shewmaker said last week the State sent out notices to the people the State
50 identified as potentially at risk of losing benefits, telling them about the new work requirements.
3
1 Commissioner Pelissier asked if there is a way of addressing the monetary costs of
2 taking educational courses.
3 Nancy Coston said the voluntary training program that is run by DSS could help with
4 tuition costs, as long as it is tied with getting a job. She said there are some processes that
5 DSS is trying to sort through with non-profits and Durham Tech, and may be able to find
6 funding to match federal funding through the school.
7 Commissioner Pelissier asked if there is a system in place to know which jobs
8 individuals could get through certain training.
9 Nancy Coston said DSS has some information about jobs in Orange County, but are
10 trying to balance clients' skill level with jobs. She said these clients are going to have to be
11 triaged for possible jobs.
12 Commissioner Rich referred to the clients who may be working for themselves and
13 asked if a total number of these people are known. She also asked if this information is tracked
14 in any way.
15 Lindsey Shewmaker said some of the population is self-employed, and certain types of
16 verification would be needed for documentation purposes.
17 Commissioner Rich said she sees complications with self-employed persons.
18 Lindsey Shewmaker said this will be a challenge for the Department and the clients.
19 Nancy Coston said DSS is already working with these clients, as work and earnings
20 must be documented to receive many types of benefits.
21 Commissioner Jacobs asked if there are any thoughts regarding seasonal workers.
22 Lindsey Shewmaker said in a 36-month period, there are 3 countable months where one
23 can be without employment. She said one can regain eligibility by working 80 hours in a
24 consecutive 30 day period. She said a seasonal worker would likely regain eligibility during a
25 time of employment and then receives an additional consecutive 3 months to be without work.
26 Nancy Coston said after the second 3-month period, recipients would then have to work
27 or meet every single requirement.
28 Lindsey Shewmaker said one's eligibility could only be regained once.
29 Commissioner Jacobs said he spoke with one of the owners of Sports Endeavors,
30 where hundreds of seasonal workers are needed.
31 Nancy Coston said having an employment history makes it easier to find jobs. She said
32 this is the population that also does not receive health insurance and food and nutrition is about
33 their only benefit.
34 Commissioner Price asked if many of these clients are transient, and how they are
35 reached.
36 Nancy Coston said a mailing will go out, an informational phone line will be set up, and
37 non-profits will be contacted to help spread the word about an information session. She said
38 some clients will be missed, and they may not find out about the change until the benefits run
39 out or they come in for a review.
40 Commissioner Jacobs asked if the mailings will come in a non-descript envelope, and if
41 so, suggested maybe a stamp could be added to make it known to the recipient that the mailing
42 is important.
43 Nancy Coston said DSS is considering using some temporary staff to help reach out to
44 clients, and hopefully some of this staff can be from the population they are trying to serve.
45 Commissioner Dorosin said County communication staff should do outreach, publicize
46 what is going, and the super human efforts that DSS wants to use to mitigate this process. He
47 also suggested any ideas should be shared with the other Commissioners at the state and
48 national levels. He asked if the weekly benefits are a specific amount, and if so, could the
49 County create some supplemental emergency assistance to help these clients.
50 Lindsey Shewmaker said the benefits are about $180 a month.
4
1 Commissioner Dorosin said Orange County is a rich county, and if the list is whittled
2 down to 200 or so people the County should be able to assist or subsidize them. He suggested
3 the possibility of staff coming back to the Board with what it would cost to provide help for 3 to 6
4 months.
5 Bonnie Hammersley said she asked Nancy Coston to present this item to make the
6 Board aware of this situation. She said the situation will continue to be monitored, and the
7 Board will remain fully informed of both the positive and the negative.
8 Commissioner Dorosin said this need could be a line item in the Community Giving fund.
9 Commissioner Jacobs asked if this relates to the Work First program.
10 Nancy Coston said those people in the Work First program are not subject to these
11 changes. She said Work First has its own requirements. She said keeping up with the work
12 hours of all clients is a big distraction from doing the more important work of helping clients.
13 Commissioner Jacobs mentioned that several employers hire Work First participants.
14 He said it would be beneficial to recruit the private sector, so the burden of support does not
15 always fall on the government.
16 Nancy Coston said there have been some wonderful relationships with the private
17 sector, and she agrees this should continue. She said there have also been some missed
18 opportunities with funds coming into Orange County in these areas. She said it is crucial to
19 pursue every avenue that may help the clients.
20 Commissioner Jacobs asked if the Orange County Economic Development office has
21 been approached as a partner.
22 Nancy Coston said this Department has been helpful thus far, but the relationship can
23 deepen further.
24 Commissioner Price said she is still concerned about this program, and while DSS is
25 doing their best it seems like a band-aid effect. She said the client may have a job and some
26 food but may not have a place to stay or clothes on their back. She said this does not address
27 breaking the cycle.
28 Nancy Coston said the group of 1,500 clients are going to have very varied
29 demographics, with some facing homelessness and others transportation or employment
30 needs. She said triaging the clients and creating unique plans will be critical.
31 Chair McKee asked if there is a timeline to move through this evaluation process.
32 Nancy Coston said this process will take time, and once her staff reviews the initial list
33 many people will be taken off. She said the total number of clients that will need to be
34 assessed is not yet known, but there will be some group meetings with these clients as well as
35 some clients that can complete some self-assessments. She said this whole process will be a
36 huge task, and clients will be asked to help document their current work status.
37 Chair McKee suggested that the Board of County Commissioners (BOCC) is interested
38 in not letting clients fall through the cracks. He read the financial impact statement on the
39 abstract and urged DSS not to wait until the middle of December to come back, but rather to let
40 the BOCC know the need as soon as possible.
41 Bonnie Hammersley said the situation would be monitored, and a budget amendment
42 would be presented to the Board if necessary.
43
44 2. Space Study Work Group Report Update
45 Jeff Thompson, Director of Asset Management Services, said this topic was last
46 reviewed in April 2015. He is here this evening with an update. He recognized and thanked
47 the members of the Space Study Workgroup, and provided the following update:
48
49 Progress and Current Recommendations
5
1 The following summarize the group's major areas of progress and recommendations to the
2 Board in anticipation of the FY2016-21 CIP process.
3
4 1. Progress of appropriated Capital Proiects addressed by the Space Study Work
5 Group
6 The Cedar Grove Community Center, Environment and Agricultural Center, Sportsplex
7 Fieldhouse, and Orange County Detention Center projects are moving forward in the design
8 process. The Cedar Grove Community Center remains on schedule to open in the spring of
9 2016. Both the Environment and Agricultural Center and the Sportsplex Fieldhouse projects are
10 in early stage design as is the Orange County Detention Center. The Board will be presented
11 an update on the Detention Center design, including information regarding a potential attached
12 Law Enforcement Center, during the December 15, 2015 regular meeting.
13
14 2. Progress of minor space plannin_q confi_guration recommendations
15 Several small projects to reconfigure interior space and take advantage of opportunities
16 identified in the Space Study process are currently underway.
17 The County Human Resources offices are benefiting from expanded training spaces in
18 adjacent vacant opportunity spaces that formerly housed the County Engineer offices prior to
19 the construction of the West Campus in 2009.
20
21 The County Attorney will soon occupy the vacant opportunity spaces formerly used by
22 Morinaga America Foods in the lower level of the Link Center. This space will allow more useful
23 administrative space for the County Attorney and his staff and will allow the vacated areas on
24 the second floor to provide space consolidated areas for newly formed Community Relations
25 Department, the County Risk Manager, the County Manager's office staff, and a small
26 conference room.
27
28 Similar efficient reconfigurations discussed in the April 9 report are moving forward over the
29 next few months. These involve Recreation personnel occupying administrative offices in the
30 Whitted second floor in order to provide programmable recreation space within the Central
31 Recreation facility, balancing constrained and opportunity spaces between the Health
32 Department and Housing, Human Rights & Community Development within the Whitted
33 Campus, providing for usable administrative space within Gateway to house growth within the
34 Tax Administration Department, and providing useful crew lounge space within an opportunity
35 space at Emergency Services.
36
37 3. Administrative Policy Development
38 Staff is working toward building effective administrative policies within the purview of the County
39 Manager in key areas identified in the April report:
40
41 a. Records Retention and Comprehensive Storage Policy
42 A major element of the charge of the Space Study Work Group, this body of work has
43 progressed through a collaborative effort of the records retention and storage subgroup led
44 by Alan Dorman of Asset Management Services. This group has successfully partnered with
45 the State Department of Cultural Resources to frame the practices to efficiently manage
46 and store the County's paper and electronic records as well as schedule the proper disposal
47 of unnecessary documents according to applicable laws. A final policy recommendation for
48 the Manager's approval is expected in the spring of 2016.
49
rd
50 b. 3 Party Tenancy Policy
6
1 The Board may recall that many of the County's opportunity spaces not presently needed by
rd
2 County operations are currently leased by 3 party tenants. This practice is efficient in that it
3 allows the spaces to be available for County operations when needed; but also allows the
4 spaces to be utilized for other important uses as well to off-set utility costs when not needed
5 by the County. As stated in the April report, several "opportunity" spaces could be marketed
6 to County partners in a mutually beneficial arrangement under an effective and equitable
7 policy. The policy does not apply to the spaces covered by previous action by the Board
8 (Soltys Adult Day Health Center, Rogers Road Community Center, Dickson House, etc.)
9 while those agreements are active. A final policy recommendation will be presented to the
10 Manager in the fall of 2015.
11
12 c. Telework Policy
13 Brenda Bartholomew, the County Human Resources Director, and Brennan Bouma, the
14 County Sustainability Coordinator, are collaborating on drafting an administrative telework
15 policy and the accompanying employee agreement for implementation in the spring of 2016.
16 When finalized, the policy will be issued to the County Manager to lay out expectations and
17 rules governing this optional benefit to County employees. Based on the eventual level of
18 enrollment, this policy may help relieve space constraints and lower facility costs by
19 leveraging technology to connect employees in remote locations.
20
21 4. FY2016-21 CIP Discussion Topics
22
23 a. Facility Accessibility Inspections and Recommendations
24 Recent Capital Investment Plans include funds for continuous accessibility improvements
25 such as automated doors, handrails, signage, and ramps. A recent Board petition for more
26 subtle and less obvious accessibility improvements based upon a thorough accessibility
27 inspection of County facilities has led to the development of the Facilities Accessibility sub
28 group (within the larger Space Study work group), marshaled by Brennan Bouma in Asset
29 Management Services and James Davis in Housing, Human Rights, and Community
30 Development. Attachment B, "Accessibility Initiatives Update", highlights the progress of this
31 effort to date.
32
33 A request for funding for additional accessibility initiatives may be presented during the
34 FY2016-21 process.
35
36 b. Southern Campus Recommendations— Department on Agin_g
37 In June 2014, the Chapel Hill Town Council awarded a Special Use Permit governing the
38 entire 33.5 acre Southern Campus site for a 25 year period according to a master plan
39 approved by the Board of Orange County Commissioners in 2013. On June 2, 2015, the
40 Board heard a presentation given by staff and Clarion Associates with regard to potential
41 development initiatives within the Southern Campus. The full presentation is located at
42 http://www.orangecountync.go Southern Campus Final Reort.�df
43
44 Department on Aging Needs. The aging facilities (Seymour Center and Central Orange
45 Senior Center) continue to experience rapid growth and are constrained by the physical
46 space limitations. The work group recommends expanding Aging facility programming and
47 administrative spaces in the form of interior upfit construction in both the Seymour and
48 Central Orange Facilities in the near term. The work group also recommends allocating
49 monies to assist in the Master Aging Plan process with respect to identifying and planning
7
1 for longer term space needs. Representatives from the Department on Aging will be present
2 to speak to these needs and answer questions.
3
4 Southern Human Services Center Expansion. The Board may recall that the FY2015-19
5 CIP contemplates a significant expansion that may house a southern Dental Clinic,
6 expanded medical and social services facilities, site/parking improvements, and building
7 system improvements. The work group has not reached consensus on the precise
8 expansion needs, especially since the Interfaith Council Community House has now opened
9 with potential dental service capacity. The work group has also identified the Southern
10 Campus as a potential site for necessary business continuity infrastructure (redundant
11 Information Technologies data center and 911 emergency communications center) that
12 should be considered within a contemplated Southern Human Services Center expansion
13 capital project.
14
15 Commissioner Dorosin asked if the master plan for the Southern Human Services
16 Center campus included renovations to the Seymour Center.
17 Jeff Thompson said it does, but it is not currently plotted in the Capital Investment Plan
18 (CI P).
19 Commissioner Dorosin clarified that the long-term plan does include the senior center.
20 Jeff Thompson said yes.
21 Chair McKee said he recalled the possibility of adding space to the Seymour Center
22 without adding a second floor.
23 Jeff Thompson said this possibility was discussed at the June 2nd meeting, and the
24 details are outlined in the packet this evening.
25 Commissioner Jacobs asked if the seniors pay to use the fitness center at the Seymour
26 Center.
27 Janice Tyler said yes, and there are scholarships available.
28 Jeff Thompson said there is not a staff consensus regarding the Southern Human
29 Services Center expansion. He said the nearby InterFaith Council (IFC) community house has
30 dental facilities which may serve as an alternative to housing a dental clinic at the Southern
31 Campus.
32 Commissioner Rich said she is not comfortable sending women and children to the IFC
33 shelter for dental visits.
34 Bonnie Hammersley said she met with IFC and currently the dental clinic can only serve
35 the current clients at IFC. She added that there is interest from IFC and the Town of Chapel
36 Hill, because of the minimal use of that portion of the facility. She said the Board would remain
37 updated regarding this possibility.
38 Jeff Thompson said all of these ideas will be brought back to the BOCC with updates
39 and further recommendations.
40
41 c. Location and breadth of iob and skills trainin_g
42 The work group recommends the Board continue the re-alignment of County job and skills
43 training resources to maximize their service delivery to County residents. The Department of
44 Social Services is deploying more centralized services within the Hillsborough Commons
45 location and substantially re-purposing the somewhat parking "stressed" Skills Development
46 Center in Chapel Hill. The County has recently extended its long-term lease arrangement to
47 control the former Dollar Tree space adjacent to the current leased property in order to
48 implement this strategy. Should this strategy continue successfully, additional unoccupied
49 space may be purchased within the existing Hillsborough Commons facility.
50
8
1 Additionally, the conversation continues between Orange County and Chapel Hill with
2 regard to working together on a potentially mutually beneficial solution for the "stressed"
3 properties of 501/503 Franklin and the Former Town Hall, currently occupied by the
4 Interfaith Council Men's Shelter.
5
6 This strategy must also consider providing additional job and skills training space as part of
7 the long-term Southern Campus expansion to provide a presence for these services
8 supporting southern Orange County.
9
10 Jeff Thompson said there is an option to buy the Hillsborough Commons as well as the
11 rest of that facility. He said the possibility of pursuing the Chapel Hill Old Town Hall complex is
12 being considered as well.
13 Commissioner Jacobs asked if the option to purchase Hillsborough Commons remains
14 the same, or if it is a renegotiated option.
15 Jeff Thompson said it is a renegotiated option that includes a lease expansion, as well
16 as the option to purchase. He said purchase prices are currently being negotiated.
17 Commissioner Jacobs said if the entire Hillsborough Commons is purchased, could
18 portions of it be rented out to the private sector.
19 Jeff Thompson said yes.
20
21 d. Emergency Services hardened location
22 510 Meadowlands facility is not a "hardened" facility and is susceptible to inclement weather
23 and wind damage. The work group discussed reconfiguring the lower level of the West
24 Campus Office Building in Hillsborough to house the primary 911 communications center in
25 the long term. The West Campus Office Building was originally designed with for a potential
26 emergency operations center. It features a below grade facility with the walk out covered
27 structured parking deck, twin backup, natural gas powered generators, and equivalent
28 operating space as the 510 Meadowlands facility. Should this permanent solution ever be
29 contemplated, the current public meeting rooms and Child Support Enforcement would need
30 to be appropriately relocated.
31
32 Space Study Work Group Organization Goin_a Forward
33 This update, along with the April 2015 report and its underlying space inventory and analysis,
34 establish the base conditions for future study while staying consistent with the original charge.
35 Their subgroups will continue to meet.
36
37 The space study work group "sub groups" (Aging, Emergency Services, Justice Facilities,
38 Library, etc.) will be aligned appropriately and integrated within the emerging Functional
39 Leadership Teams for the purpose of space needs topics. These teams will be supported and
40 facilitated by AMS staff in their space discussions and deliberations.
41
42 In the fall of each year, the Space Study Work Group will facilitate space-related discussions
43 with the Functional Leadership Teams in order to collect their input for the CIP process and
44 present the set of discussion topics and themes to the Manager and Board.
45
46 Chair McKee said the workgroup felt that this would be an on-going discussion, and the
47 entire group would meet a few times a year in an on-going manner.
48 Commissioner Rich asked if there was an update regarding the Rosemary Old Town
49 Hall/IFC Kitchen.
9
1 Bonnie Hammersley said this was discussed with the other Town Managers, and one of
2 the biggest obstacles is the uncertainty of the date for the removal of the IFC kitchen. She said
3 it was decided that the group of interested stakeholders would be reconvened, but there is no
4 timeline at this point. She stressed the commitment to long range planning, while small details
5 fall into place.
6 Commissioner Rich said it will be important to evaluate the amount of renovations that
7 will be needed in this building and the costs related to said renovations.
8 Commissioner Jacobs said he recalled a structural analysis was completed for this
9 building.
10 Jeff Thompson said there is a structural analysis, but any existing costs estimates are
11 soft given that the specific future use of the building is unknown.
12 Commissioner Jacobs asked if it is the supposition that all parties would be financial
13 contributors or that the County would bear the cost.
14 Bonnie Hammersley said that has not been discussed yet since the new location of IFC
15 kitchen at West Main Street in Carrboro needs to be finalized.
16 Commissioner Jacobs said all of the other partners are not contributing to the Visitor's
17 Bureau (VB) now, and if the VB were moved there, it would benefit all to contribute.
18 Commissioner Rich said the Town of Chapel Hill does contribute a partial amount, but
19 the Towns of Hillsborough and Carrboro do not contribute.
20 Commissioner Jacobs asked if there are plans for the Link Government Services Center
21 Annex.
22 Jeff Thompson said the Board of Elections is now using the full site, and it is the best
23 location for them.
24 Commissioner Rich asked if the small workgroups will be meeting quarterly or as
25 needed.
26 Jeff Thompson said the subgroups would meet as needed.
27 Chair McKee said this project is ongoing, and the smaller groups will work more often
28 than the bigger group.
29 Commissioner Dorosin asked if there is a sense that Orange County is growing and will
30 need more space. He asked if there is any space that will no longer be needed, like the old jail
31 for example.
32 Jeff Thompson said in the short to mid-term there is enough space. He said there are
33 some mismatches in areas of need versus space available. He said in the long-term the
34 spacing needs can be managed. He said facilities that are being vacated could be repurposed
35 or sold, depending on the space.
36 Bonnie Hammersley said in reference to the schedule for the committee, she will rely on
37 this committee in regards to CIP budgeting. She said all facilities will be evaluated in an
38 ongoing manner, as pertains to their efficiency and effectiveness, with all reports being brought
39 to the BOCC for decisions.
40 Commissioner Dorosin said he understood that, but asked if there are actual
41 expectations of the growth of county government in the next 20 years.
42 Bonnie Hammersley said the hope is that more space is not needed, but rather to use
43 efficiently the space that currently exists.
44 Commissioner Price said this committee wanted to make sure all the facilities are ADA
45 compliant, and the trends in teleworking are being studied.
46 Commissioner Dorosin said he would like to get information about the predications for
47 the County's population, so as to know what is expected in growth data.
48 Chair McKee said that was part of their discussion, but not a focal point. He said the
49 subgroups on teleworking and records retention were focusing on efficiencies in our facilities.
10
1 He said Commissioner Dorosin's request would be a focal point with the Manager and staff
2 going forward.
3 Bonnie Hammersley said she would bring back this information.
4 Commissioner Jacobs thanked the group for finding ways to address the accessibility
5 issues. He said he would like to see what staff is designing for the agricultural facility.
6 Jeff Thompson said the committee selected the architect, and they are on the front end
7 of that project.
8 Commissioner Jacobs said Hillsborough is coming on line with 1000 housing units, and
9 Collins Ridge is pushing 1150 more, yet a school site is not being discussed. He said this
10 housing increase will have a huge impact on the central library, and asked if there is a plan to
11 address the demand. He said Hillsborough Alliance wants to move out of the museum, and
12 perhaps Hillsborough Commons may be an option, or locating functions in the Colonial Inn
13 once it is renovated. He asked if the committee would have a discussion about the options to
14 address the growth in the Town of Hillsborough that will affect County services.
15
16 3. Affordable Housing Plan Update and Affordable Housing Fund Criteria -
17 Additional Discussion from October 6, 2015 Meeting
18
19 The following items were noted at the Commissioners' places:
20 • Blue folder: contained: the Orange County Home Consortium Program Year 2015-2020
21 Five Year Consolidated Plan and FY 2015 Annual Action Plan; a revised timeline for the
22 Orange County Affordable Housing Plan Update; and site maps for possible Orange
23 County Owned parcels for affordable housing
24 • PowerPoint Presentation
25 • Site maps (same as above) with text narrative
26 • Mobile Home and Mobile Home Parks Fact sheet
27 • 2014 Mobile Home Park Locations Map
28 • Potential Affordable Housing Development Area Map
29
30 Audrey Spencer-Horsley, Housing, Human Rights, and Community Development
31 Director, reviewed the contents of the blue folder with the Board, and she mentioned that there
32 was a revised schedule/timeline included for the Orange County Affordable Housing Plan. She
33 said she is here tonight to talk briefly about some of the work that has been done on the
34 Orange County Affordable Housing Plan. She said the common data collection across the
35 nation is most often used, and anything beyond that is community driven.
36 Audrey Spencer-Horsley said Orange County and the Towns have approved the
37 consolidated plan, and this is required by HUD for the HOME funding they receive. She said
38 the County acts as the lead agency within Orange County. She said HOME funding may
39 sustain some cuts, but they will not be draconian in nature.
40 Audrey Spencer-Horsley said in the consolidated plan there are two main pieces: a
41 needs assessment, and a housing market analysis. She said this plan has been done since
42 1995 and will provide a foundation for them. She said this plan is included in the blue folder as
43 well.
44 Audrey Spencer-Horsley said the needs assessment looks at the cost burden. She said
45 the number for affordable rental housing needs is 40-1. She said there is over 20% that are 50
46 % cost burden. She said at their last meeting she mentioned the great need for affordable
47 rentals.
48 Audrey Spencer-Horsley said she had been working on preparing a five-year plan for
49 the housing choice voucher program. She said there are 623 units that the County is
11
1 authorized to lease to eligible clients. She said another required piece of the continuum of care
2 is the consolidated plan.
3 Audrey Spencer-Horsley said finally staff would bring back an analysis of impediment
4 that looks at fair housing stock, barriers to fair housing, and the location and availability of land
5 to develop housing. She said that document would come to the Board in December.
6 Audrey Spencer-Horsley said the second phase is the development of strategies,
7 working with affordable housing partners and what they have accomplished with past bonds,
8 and the challenges they are facing with County programs. She said the third phase will be to
9 make recommendations that will have the most impact on affordable housing in the County.
10 Bonnie Hammersley said she had been working with Audrey Spencer-Horsley for a plan
11 on affordable housing, and the timeline indicates this plan would be complete in February 2016.
12 She has been working with the Town Managers to make this a more coordinated effort, along
13 with Housing Directors and Economic Development Directors.
14 Audrey Spencer-Horsley said various internal departments have been working together.
15 She said the inventory of mobile home parks, tiny homes, and the like, is being gathered.
16 Craig Benedict, Orange County Planning Director, said Audrey Spencer-Horsley
17 developed internal teams to get background information.
18 Craig Benedict made the following PowerPoint presentation:
19
20 Affordable Housing Plan Update
21 Board of County Commissioners
22 Work Session
23 November 10, 2015
24
25 Affordable Housing Plan Update
26 • Overview— Consolidated Housing Plan
27 • Timeline
28 • Existing Conditions
29 o Mobile Home Park Inventory
30 o Small Housing (i.e. Tiny Houses and Cottage Homes)
31 o Orange County Owned Properties
32 • Moving Forward and Next Steps
33 • Strategies
34 • Questions
35
36 Overview Consolidated Housing Plan
37
38 Timeline: See November 10 Abstract-Attachment 3
39
40 Existing Conditions: Mobile Home Park Inventory
41
42 Affordable Housing Plan Update
43 Mobile Home Park Inventory
44 Background Research
45 o Mobile Home Data
46 o Socio-Economic Data
47 o Land Use Maps
48 o Water and Sewer Conditions
49 o Public Transit
50 o Public Services and Employment
12
1
2 2014 Mobile Home Park Locations (map)
3 Mobile Home Park Inventory
4 Mobile homes and mobile home parks are currently permitted in Orange County.
5 o Total Number of Mobile Homes = 4,256
6 o Total Number of Mobile Home Parks = 100
7 ■ Total Number of Spaces Located in Mobile Home Parks = 2,297
8 ■ Total Number of Occupied Spaces Located in Mobile Home Parks =
9 1,461
10 Based on information from the Orange County Tax Office there are approximately 836
11 unoccupied spaces located in mobile home parks.
12 Mobile Home Parks — Operating Wastewater System
13 83% on site septic 14% Public System 3% State Permitted
14 • Mobile Home Parks — Operating Water System
15 49% community well 34% Public System 17% State Permitted
16 • Only 14% of existing mobile homes are operating on a public water and public sewer
17 system.
18
19 Commissioner Jacobs asked if the number housing units within Orange County is
20 known.
21 Craig Benedict said approximately 53,000 units.
22 Commissioner Jacobs asked if the number of units that are owner occupied is known.
23 Audrey Spencer-Horsley said this information can be gathered.
24
25 Potential Affordable Housing Development Area (map)
26
27 Median Household Income by Block Groups American Community Survey 2009-13 (map)
28
29 Orange County Services/Employment (map)
30
31 Existing Conditions
32 Small Housing
33
34 Affordable Housing Plan Update-map
35 Affordable Housing Plan Update-map
36
37 Small Housing
38 Tiny Houses
39 o A mobile, residential structure attached to a chassis with wheels that includes
40 living, kitchen, and bath space and averages 75 to 200 square feet in size.
41 o Tiny houses attached to a chassis are not identified by the North Carolina State
42 Residential Code and the Orange County Unified Development Ordinance
43 (UDO).
44 Cottage Homes
45 o A residential structure that can be `stick' built or modular construction which is
46 placed on a permanent foundation and averages 300 to 800 square feet in size.
47 o Cottage homes can be permitted as a single family dwelling unit or efficiency
48 apartment (accessory dwelling unit) if constructed to standards of the North
49 Carolina State Residential Code and UDO.
50
13
1 Chair McKee asked if the County would be able to change the definition of a tiny house.
2 Craig Benedict said the building code could not be changed, but the County could say
3 there are mobile home and recreational vehicle parks.
4 Chair McKee said the definition could be written around what the County wanted it to be.
5 Craig Benedict said yes.
6 Commissioner Dorosin asked if he owned property, could he place 10 tiny homes on his
7 land.
8 Craig Benedict said he could not, as tiny homes are not built to the North Carolina single
9 family housing code.
10 Commissioner Dorosin asked if he could build 10 cottage homes on his property.
11 Craig Benedict said multiple cottage homes could not go on one lot, but there are
12 changes being considered to these codes.
13 Commissioner Rich asked if the cottage homes or developments that are currently being
14 built required State approval.
15 Craig Benedict said if the micro homes meet building code, they can be built. He said if
16 zoning changes are needed that is done by the County.
17 Commissioner Rich asked if the County is its own enemy in regards to this issue.
18 Craig Benedict said yes. He said as new housing ideas come forth, codes must be
19 amended to catch up.
20 Chair McKee asked if there was cooperation from the Towns regarding the extension of
21 sewer and water, could the density of homes could be increased.
22 Craig Benedict said yes.
23 Commissioner Rich asked if the Greene Tract is being considered for development.
24 Audrey Spencer-Horsley said that would be coming next in the presentation.
25
26 Existing Conditions
27 Orange County Owned Properties
28
29 HAND OUT
30 Potential Affordable Housing Sites hand out
31
32 Jeff Thompson referred to the handout with a white cover. He said the criteria on the
33 front page of the handout yielded sites for affordable housing. He said this does not mean
34 these can be developed, but are rather the first tier of a filter that will still need land use
35 regulations applied. He said this handout is a series of small lots which total about 220 acres,
36 noting the Greene Tract is on page 14. He reviewed these potential lot sites.
37 Commissioner Rich asked if there is a process for when, how, and why the County
38 acquires parcels of land, such as those on this list.
39 Jeff Thompson said he does not have that information, but noted all these parcels have
40 access to water and sewer along with fairly reasonable topography. He said the infill lots could
41 be considered for single families. He said, as it stands, the Greene Tract has an 18-acre
42 restriction on housing. He said this is an agreement between the County and the Towns of
43 Carrboro and Chapel Hill.
44 Commissioner Jacobs asked if the entire Greene Tract is accessible for affordable
45 housing.
46 Craig Benedict said only 18 of the 104 acres are scheduled for affordable housing. He
47 said there have been some discussions, as part of small area plans, about a possible
48 expansion of that amount. He said the Rogers Road area is a subset of it, and the planning
49 processes to continue in that area will include looking at the Greene Tract. He said this is
50 shown on map 14.
14
1 Commissioner Jacobs asked if this is the same area where a potential school site has
2 been considered.
3 Craig Benedict said both a school and park site have been considered here. He said
4 the area south of the 18 acres could be a school or park area, but would require an agreement
5 and an amendment to a 2001 resolution. He said as sewer is being planned for the Rogers
6 Road area, the potential of the Greene Tract is being kept in mind.
7 Commissioner Jacobs said a commitment was made to make an open space on the
8 Greene Tract, and he wished this would be put down in writing. He said the reason it is not
9 permanently designed that way is because the Triangle Land Conservancy did not accept an
10 easement to be responsible for it. He said this topic keeps coming up, but there was a
11 commitment in 2001 to keep it open space, and he is petitioning to resolve this.
12 Bonnie Hammersley said this map does not imply that affordable housing will be placed
13 here, but rather gives an overview of County owned land that is available for possible
14 consideration. She said staff will proceed with Commissioner Jacob's request.
15 Commissioner Jacobs said there is parkland all over the County that has not been
16 included in this presentation. He said there could be a mobile home park on the acreage on
17 Schley Road, but it is not included, as it is a park. He said he is confused why this Greene
18 Tract acreage is included when it is designated to be a park as well.
19 Bonnie Hammersley said Commissioner Jacobs is correct, and that staff did not include
20 any land from the Parks master plan. She added that the aforementioned Greene Tract land
21 was not in the Parks master plan.
22 Commissioner Jacobs said it should be.
23 Commissioner Dorosin said this is an exciting set of sites with some small parcels small
24 and some large. He would urge them to push whatever the next steps are. He said it is critical
25 to be able to find other ways to subsidize affordable housing, and one way is with the land. He
26 said these are scattered sites which allow for decentralized affordability. He said not all the
27 sites have access to public transportation, but all have water and sewer. He suggested
28 pursuing these parcels, and ones that may be large enough for large developments, then fix the
29 zoning issues and maximize the sites.
30 Commissioner Dorosin referred to the 9 criteria on first page of the handout, and asked
31 if they should be prioritized in some fashion. He said to prioritize the list and build some
32 houses, so that opportunities do not pass by.
33 Commissioner Price asked if staff is considering any of these sites for mobile home
34 parks.
35 Audrey Spencer-Horsley said specific uses have not yet been considered, but it is an
36 option.
37 Craig Benedict said in existing mobile parks there are about 800 unused lots, and the
38 reason for this needs to be determined so that they can possibly be filled.
39 Craig Benedict said some in Efland are thinking about updating their parks now that they
40 are on water and sewer, which could possibly lead to greater density.
41 Chair McKee asked if there was a process for determining the 800 unused mobile home
42 lots.
43 Ashley Moncado, Special Projects Planner, said the tax office puts out this information,
44 and it is gathered by a voluntary survey to the park owners. She said the accuracy is therefore
45 unsure, and the County has not put boots on the ground yet.
46 Chair McKee suggested that staff do so.
47 Audrey Spencer-Horsley said one of the recommendations is to have their housing
48 inspectors go out in the field. She said there was a mobile home inventory done in 2009, and
49 an update of this information is necessary.
15
1 Commissioner Dorosin said it is important to speak with the residents of the mobile
2 home parks, not just the owners. He said many residents live in unsafe conditions and desire
3 to get out of these parks, if possible.
4 Commissioner Burroughs said Justice United is doing some of that already, and there is
5 an opportunity for collaboration.
6 Commissioner Burroughs said if the County is making investments, it should be kept in
7 mind that stick built homes are safer, especially for emergency situations.
8 Commissioner Price said people should be encouraged to live in stick built homes, but
9 many prefer a manufactured home.
10 Commissioner Pelissier referenced the pieces of property that were excluded due to
11 lack of water and sewer and asked if some of these properties could still be used for things like
12 tiny homes. She suggested that these parcels of land should not automatically be excluded.
13 Commissioner Jacobs said he would like to know how the tax office assesses mobile
14 homes, as they are often considered to decline in value. He said all options should be
15 considered before deciding which direction to go in.
16 Commissioner Jacobs said he appreciated the idea of a neutral third party reaching out
17 to renters and owners of mobile homes. He said the mobile home renters and owners may
18 perceive such a person as a threat and possible resistance should be anticipated. He said it
19 might be relevant to look at what other counties are doing, such as Wake County.
20 Commissioner Dorosin said he was not suggesting for Orange County to buy or own
21 units.
22 Chair McKee said if the County considers purchasing land in the future, the underused
23 mobile home parks should be identified, as they may be possibilities for other housing options.
24 Bonnie Hammersley said the third party consultant could keep land-banking options in
25 mind while assessing the mobile home parks.
26 Chair McKee said this is a wise option.
27 Commissioner Rich referred to the property at 1801 Ephesus Church Road in Chapel
28 Hill and asked if the Town of Chapel Hill has been approached about a possible partnership on
29 this property.
30 Jeff Thompson said he has not visited this site, but there are discussions taking place
31 with the Town of Chapel Hill about this site as well as other sites. He said Chapel Hill is
32 completing the same exercise as the County in identifying property for their affordable housing
33 inventory.
34 Commissioner Jacobs said Orange Water and Sewer Association (OWASA) also has
35 parcels they do not know what to do with, and suggested that staff contact them to see if there
36 are any parcels that could be conveyed for affordable housing purposes.
37 Bonnie Hammersley said this was a coordinated effort tonight, and she apologized that
38 she did not get these documents to the BOCC earlier. She said this error will not happen again.
39
40 Bonnie Hammersley requested that Item #5 be moved up prior to Item #4, since Chapel
41 Hill Mayor Elect Pam Hemminger was in attendance and may wish to speak on the item.
42 Chair McKee agreed.
43
44 5. Upper Neuse River Basin Association Update
45 David Stancil, Department of Environment, Agriculture, Parks and Recreation (DEAPR)
46 Director, said there is an attempt to have a "water issues" conversation each year.
47 Tom Davis, Water Resources Coordinator, introduced Pam Hemminger who is the
48 Upper Neuse River Basin Association (UNRBA) Chair, and Mayor Elect of the Town of Chapel
49 Hill.
16
1 Tom Davis said UNRBA is made up of many towns and counties, and Orange County
2 has the most land in the watershed. He reviewed the following information:
3
4 BACKGROUND:
5 The Upper Neuse River Basin Association (UNRBA), of which Orange County is a
6 member, is working on a multi-year effort (titled "The Path Forward") to revise Stage II of the
7 Falls Lake Nutrient Management Strategy (Falls Lake Rules). As currently written, Stage II of
8 the Falls Lake Rules requires local governments, the North Carolina Department of
9 Transportation (NCDOT), the agricultural community, and other regulated parties located in the
10 Falls Lake watershed (Attachment A) to reduce nitrogen and phosphorus nutrient loading to
11 Falls Lake by 40% and 77%, respectively. While the members of the UNRBA agree that
12 protecting Falls Lake as the City of Raleigh's water supply is paramount, the members also
13 agree that there are serious technical and financial impediments to meeting these nutrient
14 reduction goals.
15 Additional background information concerning the Falls Lake Rules, the underlying
16 Consensus Principles, estimated costs to comply with the Falls Lake Rules, and related
17 information are provided in Attachment B, excerpts from the agenda abstract from the October
18 14, 2014 Board of County Commissioners work session.
19 Tom Davis said the UNRBA continues to make progress on several important projects,
20 including:
21 1. Lake and Watershed Water Quality Monitoring
22 2. BMP Nutrient Credit Development
23 3. Development of Nutrient Credit Calculation Tool
24 4. Falls Lake Rules Review
25
26 Tom Davis then reviewed each of these projects:
27
28 1. Lake and Watershed Water Quality Monitorinq
29 CardnoEntrix, the consultant working for the UNRBA, completed the first 12 months of water
30 quality sampling in July 2015. The Falls Lake Rules stipulate that in order for outside data to be
31 evaluated during the re-examination of Stage II of the Falls Lake Rules, a minimum of three
32 years of sampling data must be collected for the data to be considered by the Environmental
33 Management Commission (EMC). The UNRBA's water quality sampling program is producing
34 information for the following purposes:
35 • Determination of sources of nutrients in the watershed and the loading of nutrients from
36 individual jurisdictions to Falls Lake;
37 • Falls Lake response modeling;
38 • Development of data for consideration of additional regulatory options; and
39 • Linkage of water quality conditions in Falls Lake to the designated uses of the Lake.
40
41 Attachment A identifies the locations of surface water sampling stations for both the
42 jurisdictional and lake tributary nutrient loading determination projects. All of the data collected
43 is available for review at the web site set up for this purpose: http://unrba-wgp.cardno.com/
44
45 Attachment C is an example of the results obtained from water quality samples collected in five
46 streams that feed into the northern end of Falls Lake. Fairly significant variations in these
47 nutrient concentrations are seen among the five streams, as well as over the course of the time
48 interval shown for two of the streams listed. Attachment D illustrates variations in the volume of
49 stream flow in three streams in the upper portion of the Falls Lake watershed. The combination
50 of nutrient concentration and rate of streamflow in each individual stream determines the
17
1 amount (loading) of nutrients entering Falls Lake, so a stream that contains a low concentration
2 of nutrients (such as Eno River) could actually contribute more nutrient loading if its streamflow
3 was significantly larger than a second stream with a higher concentration of nutrients (such as
4 Ellerbe Creek).
5
6 CardnoEntrix is also collecting data for the following Special Studies as part of the Falls Rules
7 re-examination process:
8 • Falls Lake Constriction Point Monitoring
9 • High Flow Monitoring
10 • Storm Event Sampling
11 • Sediment Sample Analysis
12 • Light Penetration Analysis
13 • Volatile Suspended Sediment Determination
14 • Survey of Recreational Use of Falls Lake
15 • Model Performance Evaluation
16 • Evaluation of Regulatory Options to Falls Lake Rules
17
18 Project Outcomes
19 Determine sources of nutrients.
20 Quantify nutrient loading entering the lake
21 Examine nutrient related processes in the lake.
22 New data will be used in lake and water-shed re-modeling
23 Goal — more appropriate, achievable Stage II nutrient reduction goals
24
25 Commissioner Dorosin asked if there is a specific party responsible for determining the
26 rules.
27 Tom Davis said the legislature passed the enabling legislation, and the rules were
28 enacted in 2011. He said the Division of Water Resources (DWR) is the body that wrote the
29 rules.
30 Commissioner Dorosin asked if the intent is to gather the data and provide it to the
31 DWR so that the rules can be revised.
32 Tom Davis said yes.
33
34 2. BMP Nutrient Credit Development
35 CardnoEntrix is continuing to work on a project to develop nutrient reduction Best Management
36 Practice (BMP) credits. The project will be beneficial to UNRBA member governments
37 (including Orange County) by increasing the number of structural devices and other stormwater
38 practices with known nutrient reduction values. These BMPs will then be available for affected
39 parties to use to meet the required nutrient reduction goals under Stages I and II of the Falls
40 Lake Rules. This is sometime referred to as increasing the number of nutrient reduction
41 measures available in the "BMP tool box". Subject matter experts are developing nutrient credit
42 values and practice standards for three "batches" of BMPs:
43
44 BMP Batch 1: Infiltration Devices
45 Filter Strips
46 Soil Amendment
47
48 BMP Batch 2: Bioretention Devices
49 Land Conservation
50 Pervious Area Nutrient Management
18
1
2 Batch 3: Livestock Exclusion
3 Riparian Buffers
4 Elimination of Illicit Discharges
5
6 After CardnoEntrix develops draft nutrient credits and practice standards for each of these
7 BMPs, the NC Division of Water Resources (DWR) will evaluate this information and determine
8 what nutrient reduction credit is appropriate for each BMP. Once this process is completed,
9 affected parties, including local governments, will be able to utilize these BMPs to meet
10 required nutrient reduction targets.
11
12 Project Outcomes
13 Develop nutrient reduction credits for BMPs
14 Increase # of BMPs available to use in achieving required nutrient reductions
15
16 3. Development of Nutrient Credit Calculation Tool
17 Also ongoing is the development of a spreadsheet-based tool for local governments to calculate
18 nutrient reduction credits for specific on-site nutrient reduction measures, as well as for more
19 regional programmatic practices such as street sweeping or fertilizer management. This tool will
20 allow municipalities in the watershed to evaluate the impact of various nutrient reduction
21 devices and practices at different locations in the watershed, allowing local governments to
22 determine the most cost-effective means of meeting required nutrient reductions.
23
24 Project Outcome
25 Ability to evaluate potential BMPs at different locations — maximize efficiency,
26 cost effectiveness
27
28 4. Falls Lake Rules Review
29 The Regulatory Reform Act of 2013 (HB74) mandated that all State rules expire within ten
30 years of their effective dates, unless readopted. Currently, DWR is concluding an informal
31 comment period for the Falls Lake Rules, which will be followed in 2016 by a public comment
32 period. UNRBA is working to develop comments on the Falls Lake Rules that all UNRBA
33 members can agree on. Several UNRBA local governments, including Orange County, have
34 already submitted informal comments concerning these rules.
35 A tentative schedule for ongoing UNRBA tasks is included as Attachment E. As can be seen
36 from this schedule, the UNRBA anticipates continuing the studies discussed herein for the next
37 several years. Stage II of the Falls Rules is the period extending from 2021 to 2036, with the
38 overall goal of meeting nutrient related water quality standards throughout Falls Lake by 2041.
39 This schedule may change as a result of the Rules Review process that is underway.
40
41 Project Outcome
42 Continuing dialogue with DWR regarding Rules
43
44 Tom Davis provided some water quality monitory data (graph).
45 Tom Davis reviewed the upcoming UNRBA Schedule.
46
47 Pam Hemminger said the UNRBA has worked with the Legislature, in an effort to get
48 the Legislature to leave them alone. She said the ultimate goal is to make the lake cleaner.
49 She said Orange County does not contribute a lot to the nutrient loading. She said the
50 monitoring group is fascinating. She said the North Carolina Department of Environment and
19
1 Natural Resources (DENR) have gone through some cutbacks, and this monitoring is vital for
2 them to find out what the end result should be. She said the UNRBA has been at the table, and
3 working with the various groups has been beneficial. She said the State has taken notice, and
4 is using this as an example statewide. She said UNRBA has also been in the education
5 business with developers and staff about how to implement these rules successfully.
6 Chair McKee said he has heard many complimentary comments from other counties
7 about Pam Hemminger's leadership as Chair of UNRBA. He said the fear from the agricultural
8 community is that the burden of these reductions would come at the top of the lake, but that
9 fear has been toned down.
10 Pam Hemminger said Raleigh is asking for a bigger water allocation out of Falls Lake,
11 and the UNRBA has researched extensively the implications this would have on all of their
12 monitoring. She said Raleigh will receive an answer to this question in June 2016.
13 Chair McKee said the need for an additional water source in Raleigh is driven by the
14 population growth.
15 Commissioner Jacobs asked if the group has had a discussion about Raleigh and
16 Durham protecting land in the upper Eno using the same model for Falls Lake.
17 Pam Hemminger said Raleigh participates with the Upper Neuse River Basin Initiative
18 and has contributed to some studies. She said Durham has reallocated some resources
19 including some monitoring stations.
20 Commissioner Jacobs asked if there is a plan going forward to purchase conservation
21 easements in agricultural areas or to help protect natural areas in the upper part of the water
22 shed close to the municipalities.
23 Tom Davis said with the potential BMPs, land conservation is included. He said it will be
24 a great help if DWR approves a nutrient reduction credit for land conservation.
25 Commissioner Jacobs said that would bring funds to bear.
26 Pam Hemminger said they would get a better benefit by bringing funds to bear.
27 Commissioner Jacobs noted a spelling mistake on page 10.
28 Pam Hemminger said she had been the Chair of the UNRBA for six years, and it is
29 important that someone other than Raleigh or Durham be in a leadership position. She is
30 willing to train a new commissioner for a year or so, if needed. She is concerned about Orange
31 County's interest in the UNRBA as the County has so much more agricultural issues. She will
32 respect any decision the Board makes and would be happy to continue serving, but it is a large
33 time commitment. She said it has been a wonderful experience, but a potential new
34 representative would need to be brought up to speed.
35 John Roberts said the UNRBA bylaws do not require anyone to roll off the Board over a
36 period of time, and there is no conflict of interest. He said the decision is up to the BOCC,
37 noting the BOCC appoints a Director and two alternate directors.
38 Commissioner Jacobs asked the term limits of the Chair's office.
39 Pam Hemminger said her officer term is done every January, and her term on the Board
40 is for three years.
41 Chair McKee said Pam Hemminger's offer to train a new appointee is a helpful one.
42 Commissioner Rich asked if this appointment will come up in the near future.
43 Chair McKee said the appointment would come up in December since Pam
44 Hemminger's term ends at the end of November.
45
46 4. Orange Well Net (OWN) Update
47 Tom Davis made the following PowerPoint presentation, and reviewed the background
48 information below:
49
50 Orange Well Net
20
1
2 OWN Well Locations and Details (map and graphs)
3
4 OWN Updates
5 ■ Brumley Forest Preserve bedrock well
6 ■ OWN data used to estimate groundwater recharge:
7 o Water Table Fluctuation Method
8 o USGS Groundwater Toolbox also used
9 ■ Public outreach:
10 o All OWN groundwater level data online
11 o Basic information about water in Orange County - in prep
12 o Means of maximizing well yield - in prep
13 o OWN data and groundwater in Orange County— in prep
14
15 BACKGROUND:
16 DEAPR's groundwater observation well network, Orange Well Net (OWN), uses a
17 combination of bedrock and regolith wells spread across the main types of bedrock geology
18 present in Orange County. Regolith wells measure groundwater levels in the unconsolidated
19 material present above bedrock to monitor natural stresses on the quantity of groundwater
20 available in storage caused by variations in climatic conditions. Bedrock wells monitor changes
21 in groundwater levels in the bedrock across the County.
22 Groundwater level data collection is underway at seven bedrock wells and five regolith
23 wells. In early 2015, a bedrock well on Triangle Land Conservancy property was added to the
24 network. Attachment A is a listing of well construction details for the current OWN observation
25 wells. Attachment B is a map showing the locations of the wells that are currently in use along
26 with the underlying geology.
27 All data collected by OWN is available to the public on the NC Division of Water
28 Resources (DWR) web site provided below. The web site includes maps of well locations,
29 geologic information, and statistical curves that provide monthly minimum, mean, and maximum
30 groundwater level information for each well in the network. This information can be used to
31 compare recent groundwater levels with historical values.
32 http://www.ncwater.org Data and Modeling/Ground Water Databases
33
34 Staff plans to begin an outreach campaign on groundwater information for County
35 residents in late 2015-early 2016. Informational outreach materials are being designed that will
36 help residents learn a variety of useful information, from basic hydrologic concepts to measures
37 for planning the installation of supply wells which may help increase the yield of water from
38 these wells (please see Attachments C and D). These documents will be used in combination
39 with data gathered from the OWN network to inform residents of common facts about
40 hydrogeology, especially with regard to groundwater occurrence and usage.
41
42 6. Eno River Hydrilla Management Pilot Study Update
43 Tom Davis reviewed the following information:
44 BACKGROUND:
45 Hydrilla (Hydrilla verticillata) is an invasive aquatic plant native to Asia that was first
46 noted in the United States in the 1960s (Attachment A). Since then, hydrilla has spread rapidly
47 in the U.S., reaching nuisance levels in many locations. Hydrilla has been called "the perfect
48 aquatic plant" because it spreads rapidly, is able to reproduce in four different ways, grows in
49 extremely low light, and is able to crowd out native aquatic vegetation.
21
1 For many years hydrilla has been present in portions of the Eno watershed, including
2 Lake Orange, Corporation Lake, and the West Fork of the Eno Reservoir. More recently, Eno
3 River State Park staff noted that hydrilla is their "number one resource management problem in
4 the Eno". Hydrilla causes negative water quality impacts, can be harmful to the river ecosystem,
5 and adversely impacts the recreational experiences of people visiting the State Park and
6 elsewhere. Hydrilla can be spread from one water body to another via watercraft or waterfowl.
7 The plant can also be spread by people discarding aquarium materials into waterways.
8 In 2011 the Eno River Hydrilla Management Task Force, comprised of local
9 governments and state agencies, including the Aquatic Weed Program of the NC Division of
10 Water Resources, began planning to address the hydrilla infestation in the Eno River. The Task
11 Force agreed to conduct a two-year pilot study to examine the effectiveness of using a US
12 Environmental Protection Agency-approved herbicide to manage hydrilla in a portion of the
13 river. In April 2015 the Task Force hosted a public information open house in Hillsborough
14 concerning the pilot study (Attachment B). Details were provided on the problem, the results of
15 an Environmental Assessment for the proposed project, and the selection of a contractor to
16 apply and monitor the herbicide in the Eno. Additional public outreach efforts were conducted
17 throughout the watershed (Attachment C).
18 Pilot study herbicide treatments in the Eno River began in late May 2015. Low stream
19 flows over the summer aided in maintaining a consistent concentration of fluridone, the active
20 ingredient in the herbicide, throughout the treatment zone, from Lawrence Road east of
21 Hillsborough downstream to Roxboro Road in Durham. Monitoring of the concentration of
22 fluridone in various locations along the river occurred throughout the duration of the study.
23 Monitoring of native vegetation, snails, crayfish and fish above and within the treatment zone
24 was also conducted before and during the hydrilla treatment. Bleaching of hydrilla was
25 observed after just one week of herbicide treatments. Within four weeks, there was notable
26 reduction in the density of hydrilla in the treatment zone. Further herbicide treatment resulted in
27 dramatic differences in hydrilla density between the treatment area and the untreated area
28 upstream. Nearly-complete removal of visible hydrilla vegetation was reported at locations
29 within the area of treatment.
30 The Eno Hydrilla Management Task Force will continue to evaluate data from surveys of
31 the Eno River ecosystem both within and above the treatment zone. Native vegetation is
32 responding positively. It is anticipated that the results of the first year of the pilot study will be
33 overwhelmingly positive, and that the Task Force will proceed with the second year of
34 treatment. Over the winter months, the Task Force will consider using a lower concentration of
35 fluridone, starting the injection process earlier in the growing season, and adding a second
36 injection location in order to further minimize the apparent impact to native plants. Following
37 completion of the full two-year pilot study, the Task Force will begin to discuss long-term
38 objectives for the management of hydrilla throughout the Eno River watershed.
39 Lastly, the County recently completed a contract with the NC Division of Water
40 Resources for the addition of sterile grass carp to Lake Orange, which is infested with hydrilla.
41 Grass carp are routinely used to help control hydrilla in lakes and reservoirs.
42 Chair McKee said all information should be put out to the public as soon as it comes in.
43 Commissioner Jacobs said the expected effect of the fluridone on the natural
44 environment was not specifically known.
45 Tom Davis said toxicologists were consulted before the treatment started. He said the
46 treatment zone was picked because it was below the water system in Hillsborough.
47
48 Bonnie Hammersley said this is the last work session of 2015. She said she, Travis
49 Myren, and Chief Financial Officer Gary Donaldson started working on the 2016-2017 budget
22
1 workshops today, with the goal of making them more informative, to better meet the needs of
2 the BOCC.
3
4 A motion was made by Commissioner Price, seconded by Commissioner Burroughs to
5 adjourn the meeting at 10:04 p.m.
6
7
8 Earl McKee, Chair
9
10
11 Donna Baker,
12 Clerk to the Board