HomeMy WebLinkAboutAgenda - 10-03-2017 - 8-a - Minutes ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 3, 2017
Action Agenda
Item No. 8-a
SUBJECT: MINUTES
DEPARTMENT: Board of County
Commissioners
ATTACHMENT(S): INFORMATION CONTACT:
Draft Minutes Donna Baker, Clerk to the Board
(919) 245-2130
PURPOSE: To correct and/or approve the minutes as submitted by the Clerk to the Board as
listed below.
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.
September 5, 2017 BOCC Regular Meeting
September 7, 2017 BOCC Work Session
September 11, 2017 BOCC non- QPH
September 19, 2017 BOCC Regular Meeting
FINANCIAL IMPACT: NONE
SOCIAL JUSTICE IMPACT: NONE
RECOMMENDATION(S): The Manager recommends the Board approve minutes as presented
or as amended.
1
1 Attachment 1
2
3 DRAFT MINUTES
4 BOARD OF COMMISSIONERS
5 REGULAR MEETING
6 SEPTEMBER 5, 2017
7 7:00 p.m.
8
9 The Orange County Board of Commissioners met in regular session on Tuesday, September 5,
10 2017 at 7:00 p.m. at the Whitted Building, in Hillsborough, N.C.
11
12 COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Mia Burroughs,
13 Barry Jacobs, Earl McKee, Mark Marcoplos, Renee Price and Penny Rich
14 COUNTY COMMISSIONERS ABSENT:
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy 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 Dorosin called the meeting to order at 7:00 p.m.
21
22 1. Additions or Changes to the Agenda
23 Chair Dorosin noted the following items at the Commissioners' places:
24 - White sheet: PowerPoint for item 4-b
25 - Revised abstract for item 6-a
26 - White sheet: PowerPoint for item 6-b
27 - Revised information for item 11-a
28 - Printed public comments
29
30 Chair Dorosin said Bob Marotto, Animal Services Director, is here to address any
31 concerns on Item 11-a, and asked if this Item could be moved up between Items 3 and 4.
32 Commissioner Price and Commissioner Jacobs suggested taking off Item 8-h from the
33 consent agenda, and instead have staff give the Board an update on hurricane preparedness.
34 Chair Dorosin suggested making it Item 6-a.
35
36 PUBLIC CHARGE
37 Chair Dorosin dispensed with the reading of the Public Charge.
38
39 2. Public Comments
40
41 a. Matters not on the Printed Agenda
42 Erik Myers shared the following comments:
43 My name is Erik Myers. I'm the Founder and CEO of Mystery Brewing Company here in
44 Hillsborough, and the President of the North Carolina Craft Brewers Guild. I'm here to follow up
45 on an e-mail that I sent to all of you last week, and to ask your consideration as we move
46 forward.
47 As you might recall, I e-mailed you last week looking for advice and assistance as we
48 work toward a pair of upcoming events hosted here in Hillsborough on County property: River
49 Park. My company has been contracted as a vendor to serve alcohol during those events and
2
1 we have been given a moving target in terms of how we're allowed to operate while serving
2 alcohol at an outdoor public space. Each reiteration has been more and more restrictive.
3 The reason I reached out in the first place was to appeal for help in the face of a
4 constricting set of policies, but what I've learned over the past week is that the problem is that
5 there isn't a policy at all. I've spoken to Economic Development, Parks and Rec, multiple of
6 you, the Sherriff's office, and leaders at each level of Town and County government, and at all
7 levels one thing seemed clear: Everyone I spoke to seemed supportive of the presence of my
8 company, and an open set of operating parameters in terms of serving alcohol in public. In
9 fact, it seemed that the reason that we were given an ever-restrictive set of rules was because
10 nobody had really thought about the best way to approach it, so the squeakiest wheel got the
11 grease, so to speak.
12 I am here today to ask you — and the County in general —to consider creating a
13 consistent policy for serving alcohol at public events so that companies like mine, operating in
14 Orange County, can have a clear set of guidelines within our home communities that we can
15 plan for, work with, and operate within every time. We all want to do things legally and safely,
16 and that is made all the easier when the rules are well-considered, well-documented, and the
17 same every time.
18 I understand that this is not an easy or quick undertaking. Alcohol is a tricky political
19 matter and requires input from public safety, community leaders, as well as members of the
20 alcohol industry. I've been involved in events serving beer in the community for over a decade
21 now and I would be happy to volunteer my time to help craft a good policy for County grounds
22 that are not covered by town jurisdiction, just as I have helped craft State law through the North
23 Carolina Craft Brewers Guild, including a large portion of the recent brunch bill. I will be
24 bringing the same request to the Town Council here in Hillsborough at their next meeting, and I
25 would urge leaders in other parts of Orange County to do the same.
26 The beer industry is flourishing here in North Carolina. It has a yearly economic impact
27 of over 1 billion dollars state-wide and creates over 10,000 jobs. Here in Orange County, we
28 have only 6 of the State's 230 breweries, but we support a large swath of local economy, from
29 restaurants, bars, and grocery stores that buy and resell our beer, to local agriculture that we
30 support with our restaurants and ingredients for our brews. Our employees live in the local
31 community and support Orange County business with their wages.
32 We are, by-in-large, community centers for our public—for your constituents— and the
33 fact that we're asked to participate in local public events shows that we are valued by our
34 community as an essential part of what a community gathering is. Giving us common sense
35 rules that allow us to operate at those events, while keeping an important eye on public safety
36 and eliminating underage consumption, keeps our communities thriving and happy while
37 supporting an important part of our local economy.
38 I look forward to helping to craft policy for these important considerations in any way I
39 can.
40 Thanks so much for your time.
41 Erik Myers, erikmysterybrewinq.com
42 919-697-8379
43
44 Tom O'Dwyer read the following comments:
45 Good Evening Commissioners,
46 I'm Tom O'Dwyer, a resident of Orange County, and I represent Doris Tippens in the
47 matter of a realty tax error that occurred from 2009-2016. Doris is my mother in law, and turns
48 89 next month. The error referenced in her letter and my accounting submitted to you tonight
49 happened while she was caring for her ailing husband Reverend Jim Tippens, until his death in
3
1 late 2010. Jim was the one who addressed finances, and it wasn't until early 2016 that I
2 discovered the error. Doris was wrongly taxed due to a clerical error.
3
4 I first contacted Orange County's senior tax appraiser in 2016, pointing out the error before her
5 taxes were due. He told me there was nothing I could do about it, except to appeal the tax
6 appraisal in 2017. He cited laws to me to support his statement. I don't know who made the
7 error, but it resulted in thousands of dollars of wrongful billing. This didn't seem fair, so with
8 Doris' permission, I looked into this issue further.
9
10 I subsequently met the Director of Tax Collections. In a follow up email, he eloquently
11 acknowledged the error and offered an amount far less than the excess charges billed to Doris
12 as reflected in my submitted accounting.
13
14 Because of multiple errors, I don't think it would be appropriate for staff to solely decide the
15 outcome and it was recommended I address the Board. Like Doris says in her letter, "we need
16 your help". We simply want these errors to be fully corrected. I request you review Doris' letter,
17 my accounting, and decide the best method to resolve this. I would be happy to meet with any
18 Commissioners, or the County Manager with Staff to review the facts further.
19
20 In the paperwork provided, you can see and have confirmed the amount her property was
21 appraised for in 2008 and 2017. The 8 year in between of taxing in error are noted. There are
22 columns that reflect interest rates lost and interest rates the courts of the County would apply
23 as examples for Doris' claim.
24
25 Like Doris, I humbly request the Board apply sound ethics and the Golden Rule in helping us
26 resolve this mistake that cost my mother in law so much.
27
28 Thank you,
29
30 Tom O'Dwyer, POA for Doris Tippens
31
32 b. Matters on the Printed Agenda
33 (These matters will be considered when the Board addresses that item on the agenda
34 below.)
35
36 3. Announcements, Petitions and Comments by Board Members
37 Bonnie Hammersley introduced two new staff members: Sherrill Hampton, Housing,
38 Community Development and Human Rights Director; and Tyrone Fisher, Cooperative
39 Extension Director.
40 Commissioner Marcoplos said that four of the Board of County Commissioners was able
41 to meet in late August as part of the SWOT meeting, and passed the Living Wage Day— Labor
42 Day— in Orange County.
43 Commissioner Marcoplos reported that while attending Partnership to End
44 Homelessness meetings, the need for a street outreach coordinator arose. He said money to
45 fund the position is an issue, and he suggested using Social Justice funds. He petitioned the
46 Board to follow up on this.
47 Commissioner Marcoplos said he and Commissioner Jacobs have a joint petition on the
48 rural buffer, which is 30 years old; to celebrate and re-educate the public on this. He suggested
49 creating a new group of staff and Board of County Commissioners to develop a presentation on
50 this at the upcoming Assemblies of Governments (AOG) meeting in November.
4
1 Commissioner Burroughs said the search for the Board of Health (BOH) Director is
2 ongoing.
3 Commissioner Burroughs said during the light rail (LRT) discussion last spring, she was
4 struck by the number of passionate, yet civil, advocates for the cause. She said WCHL may do
5 a follow up piece, or an award to recognize those people.
6 Commissioner Rich said the search for a new Solid Waste Director has begun. She
7 thanked Orange County Schools (OCS) and the Chapel Hill-Carrboro City Schools (CHCCS) for
8 their work over the summer for banning hateful images on school property. She thanked the
9 Sheriff's office for its work at the Silent Sam protest on UNC Campus.
10 Commissioner Price said she attended the National Association of Counties (NACo)
11 conference in Ohio, and Orange County received an award for achievements in solar energy.
12 Commissioner Price said NACo's theme this year is "Ending the Cycle of Poverty".
13 Commissioner Price said she attended the North Carolina Association of County
14 Commissioners (NCACC) annual conference, and their theme this year will be to "Let Children
15 Thrive".
16 Commissioner Price suggested that the Board review the NCACC stewardship report,
17 especially near budget season.
18 Commissioner Price said she is on the Community, Economic and Workforce
19 Development steering committee, which is focusing on getting funds for CDBG, HOME and
20 affordable housing.
21 Commissioner Jacobs said the aforementioned petition on the rural buffer is part of a
22 larger agreement, the Joint Planning Agreement (JPA), which is not well understood by many.
23 Commissioner Jacobs said they also talked about a petition for tree preservation, and
24 passed out information about the Department of Environment, Agriculture, Parks and
25 Recreation's (DEAPR) policy on this issue. He asked that this come back and get fully adopted
26 by the County.
27 Commissioner Jacobs referred to Mr. Myers' concerns, and said there has been a goal
28 of partnering the economic development office with any business applicant, in order to navigate
29 any difficulties in obtaining permits, etc. He said local businesses should not be put through
30 such frustrations.
31 Commissioner Jacobs said he hoped that there would be additional signs posted upon
32 entering the Rural Buffer in Orange County in the near future.
33 Commissioner Jacobs said there will be a meeting with Durham staff and elected
34 officials in October, to discuss economic opportunities around rail stations. He asked Chair
35 Dorosin to write a letter to the Town of Chapel Hill, because it seems to be going ahead with
36 planning around the Gateway Station without Orange or Durham County.
37 Commissioner Jacobs referred to public access on public lands, and asked if an update
38 could be provided regarding signage around the County, besides the Greene Tract.
39 Commissioner Jacobs said the first agricultural summit planning meeting was held
40 today.
41 Commissioner Jacobs said the Sportsplex expansion groundbreaking occurred this
42 evening.
43 Commissioner McKee complimented Chair Dorosin and Commissioner Jacobs on their
44 comments at the Sportsplex groundbreaking.
45 Commissioner McKee attended a community meeting in Cedar Grove last week about
46 community concerns over land use issues. He said these meetings are helpful, and he
47 encouraged residents to attend and participate in Board of County Commissioners (BOCC)
48 meetings.
49 Chair Dorosin said he will be bringing forth a petition to take a public position on the
50 potential elimination of the Deferred Action on Child Arrivals (DACA), as well as the Dreamers.
5
1 Chair Dorosin said the Chamber put out a powerful statement on the removal of the
2 Silent Sam.
3 Chair Dorosin said he met twice over the summer with the Mayors of Chapel Hill and
4 Carrboro about the Greene Tract, which were very productive.
5 Chair Dorosin asked if there were volunteers for the BOCC Retreat Planning
6 Committee.
7 Commissioner Marcoplos, Commissioner Burroughs, and Commissioner Rich
8 volunteered.
9
10 11. Appointments
11 a. Animal Services Hearing Panel Pool —Appointments
12
13 Bob Marotto reviewed the four open positions.
14
15 A motion was made by Commissioner Rich, seconded by Commissioner Jacobs to
16 move Marcia Adams from her current "At-Large" (position #11) expiring 03/31/2018 to (position
17 #8) "At-Large Public Safety Field" expiring 03/31/2020.
18
19 VOTE: UNANIMOUS
20
21 A motion was made by Commissioner Marcoplos, seconded by Commissioner Price to
22 appoint Dr. Charley Rowe to a first full term (position #4) "Town of Chapel Hill" expiring
23 03/31/2020.
24
25 A motion was made by Commissioner McKee, seconded by Commissioner Price to
26 appoint Bonnie Hauser to a partial term (position #9) "At-Large" expiring 03/31/2019.
27
28 A motion was made by Commissioner Marcoplos seconded by Commissioner Price to
29 appoint George Goldbeck to a partial term (position #11) "At-Large" expiring 03/31/2018.
30
31 VOTE: Ayes, 6; Nays, 1 (Commissioner Rich)
32
33 Bob Marotto referenced the two vacant Carrboro slots, and explained why these are
34 vacant: Carrboro opted out of the established appeal process, and maintains its own animal
35 control hearing board.
36 The Board discussed about filling these positions tonight, but realized that they had not
37 yet been vacant for six months, and directed the Chair to write a letter to the Mayors of
38 Hillsborough and Carrboro reiterating that if these positions are not filled, then the Board of
39 County Commissioners will fill them.
40 John Roberts said the Board can appoint others to a position that is open for six months.
41
42 4. Proclamations/ Resolutions/ Special Presentations
43
44 a. "The Nature of Orange" Photography Contest 2017
45 The Board recognized the winners, and thanked all participants of"The Nature of
46 Orange" 2017 Photography Contest.
47 Lynn Hecht, Special Projects Coordinator, presented this item, including the winning and
48 honorable mention photographs:
49
50 • 6th annual photography contest
6
1 • Photographers help document the beauty and diversity of our natural resources or show
2 residents enjoying our parks and environment. All photos taken in Orange County.
3 • 104 entries (57 Youth and 47 Adults)
4 • Volunteer judges evaluated photos based on:
5 — relevancy
6 — composition/arrangement
7 — focus/sharpness
8 — lighting and creativity
9
10 The Board recognized and congratulated the 2017 photography contest winners, and
11 thanked the judges and all those who participated in this community event.
12
13 Commissioner Burroughs assisted with handing out the certificates to the photographers
14 in attendance: Richie Sheppard; Lucinda Smylie; Keith Newell; Barbara Driscoll; Sarah Joy
15 Brandt; and Kadin Brown. David Schaub was one of the judges.
16
17 b. Family Success Alliance (FSA) — Impact Report and Update
18 The Board received an update on accomplishments and evaluation findings of the
19 Family Success Alliance's first three years, and preview major endeavors anticipated in fiscal
20 year 2017-18 and projections for future fiscal years.
21 Coby Austin, Director of Programs and Policy, made the presentation:
22
23 BACKGROUND:
24 The Orange County Board of Commissioners has made a commitment to fighting childhood
25 poverty through supporting the Family Success Alliance (FSA), which launched in 2014. FSA is
26 a "collective impact" initiative modeled on Harlem Children's Zone and other place-based
27 cradle-to-college/career programs throughout the country. This model entails making a long-
28 term commitment to the community that grows over time as more children are embraced by the
29 pipeline of services and supports provided.
30
31 Staff will present an overview of FSA's major accomplishments over the past three years, as
32 findings from initial evaluation efforts. Staff will also project the anticipated scope of
33 services/programs in the coming years and an overview of potential external funding
34 opportunities.
35
36 Family Success Alliance
37 Impact Report and Update
38 Coby Austin & Claudia Yerena • BOCC Meeting • 9/5/17
39
40 Tonight's Presentation:
41 • What have we accomplished?
42 • What are we up to now?
43 • Where are we headed?
44
45 Strengthening Academics:
46 "When I started teaching the new Kindergarten class in August, my life was great. I had seven
47 kids who started as leaders. It usually takes 3-4 weeks to build that. And I had one who really
48 shined; if he had not been in the FSA summer program it would have been very different. We
49 had an existing relationship, so I knew his trigger points and how to help him excel."
50
7
1 Zone Navigators
2 Keeping the community voice at the center of our work
3 • Connection between families and resources
4 • Peer Coaches
5 • Help families engage in, and advocate for, educational success
6
7 Expanding the Zone Navigator Program
8 • Black, Latino and Refugee
9 • Hired the parent of a cohort 1 family (zone 4)
10 • Mobile Home Work Group support
11 • FY 17-18 Pilot enrollment of children birth to 5 and their families; possible early
12 childhood expansion in FY 18-19
13
14 FY 17-18 Upcoming Activities
15 Fundraising activities
16 • Business Plan, plus priority list to inform immediate allocation of an unrestricted gifts
17 and near term solicitation/grant-writing
18 • Network mapping
19 — All funded nonprofit partners: Look among their own contacts for prospects
20 — FSA facilitates prospect mapping with other key partners (e.g., Advisory Council,
21 BOCC Leads
22
23 FY 17-18 Revenue
24 FY 17-18 Projected Expenses
25
26 Funding Leads
27 Secured
28 • United Way
29 • Communities in Schools
30 • Binkley Baptist Church
31 • Watson Family Foundation
32 • NCPHA Mini-Grant
33 • Local resident donations
34 Prospects
35 • GSK Impact Award
36 • Kenan Trust
37 • RWJF Culture of Health Award
38 • Local Banks
39 • Local foundations and private donors
40
41 FY 17-18 Upcoming Activities
42 Strategic Planning in spring 2018
43 • Deep community engagement
44 • Zone expansion? Decision-making process
45 • Organizational structure (e.g. nonprofit)
46
47 Chair Dorosin had to leave the meeting for the evening.
48
8
1 A motion was made Commissioner McKee, seconded by Commissioner Price for
2 Commissioner Rich to Chair the remainder of the meeting.
3
4 VOTE: UNANIMOUS
5
6 Commissioner Price referred to the strategic plan, and the addition of zones, and asked
7 if it would be possible to expand the key services of this program to include the entire county.
8 She asked if staff would gather information about this idea.
9 Coby Austin said others have asked that same question, such as the CHCCS, who is
10 considering replicating the kindergarten readiness camp with other schools. She said during
11 the strategic planning process, FSA will figure out what the decision making process should be,
12 if and when expansion occurs. She said the main constraint at this point is resources, but there
13 is desire for expansion.
14
15 c. Proposed Resolution In Support of a Local, State, and National Goal of 100%
16 Clean Energy By 2050 and the Creation of Green Jobs
17 The Board considered adoption of a resolution to create a goal to transition to a 100%
18 renewable energy based economy by 2050.
19 Brennan Bouma, Sustainability Coordinator, made this presentation.
20
21 BACKGROUND:
22 In April 2017, on behalf of the North Carolina Climate Solutions Coalition (NCCSC), a group of
23 Orange County residents contacted Commissioner Renee Price to request that the Orange
24 County Board of Commissioners consider the adoption of a resolution stating a commitment to
25 transition to a 100% renewable energy based economy by 2050.
26
27 According to the NCCSC website, similar resolutions have been adopted in 10 other local
28 governments across North Carolina. The core scientific framework of this initiative was laid out
29 in a Stanford University and University of California-Berkeley study which concludes that the US
30 energy supply move to 100% renewable energy by the year 2050 using current technologies
31 while creating green jobs and promoting economic development.
32
33 The draft resolution prepared by the NCCSC was referred to the Department of Environment,
34 Agriculture, Parks and Recreation as well as the Commission for the Environment (CFE) for
35 review. Over the course of two monthly meetings in May and June, the CFE interviewed the
36 residents and reviewed the draft resolution and background. After review and discussion, the
37 CFE amended the original draft resolution to clarify that it applies to Orange County as well as
38 to the state and the nation. The edited resolution was satisfactory to the residents who brought
39 it forward.
40
41 Based on the potential environmental and economic benefits related to transitioning to
42 renewable energy, the CFE now recommends the adoption of this resolution by the Board of
43 Orange County Commissioners.
44
45 FINANCIAL IMPACT: Given the steeply declining price of utility-scale renewable energy
46 production nationwide, and the idea that most if not all current fossil fuel-based power plants
47 will need to be replaced before 2050, it is reasonable to expect market forces to drive a
48 transition to renewable energy. The CFE therefore expects that there will be no financial impact
49 to Orange County associated with consideration of this resolution.
50
9
1 Brennan Bouma said this resolution proposes for the County and State to move to a
2 100% clean energy by 2050. He said it was brought to the County by residents in the spring,
3 went to the Commission for the Environment, and now to the Board of County Commissioners.
4 He said the original item was drafted by the North Carolina Climate Solutions Association and
5 edited by the Commission for the Environment to include Orange County.
6
7 PUBLIC COMMENT:
8 Kathy Kaufman said she lives in Carrboro and also worked at the EPA, and she wanted
9 to support this wholeheartedly, but noted that this is only a first step in this process. She said
10 this community contains a great deal of knowledge and expertise about energy efficiency. She
11 said change always starts from the bottom up, and the actions of local communities are
12 extremely important. She said current weather patterns and hurricanes are a prime example of
13 the effects of climate change.
14 Kim Piracci said she wanted to add to Ms. Kaufman's comments, noting all of the fires
15 currently burning in the west. She said climate change is here. She said the move to clean
16 technology is going to happen, because clean technology is going to be cheaper than fossil
17 fuels. She reviewed the different cities that have already adopted this resolution. She
18 encouraged the BOCC to adopt this resolution.
19 Bill Ward said this issue is urgent. He said they need to focus on 2030, instead of 2050.
20 He said utilities are regulated by the State, and not by the County, and the State is more
21 supportive of the utilities than communities. He encouraged the County to continue to pursue
22 renewable energy for County properties, even if the cost is a bit more at this time. He asked
23 the County to be a leader.
24 Bill Black said everything he wanted to say has already been addressed, but he said this
25 is an important issue for all Orange County residents.
26 Commissioner McKee said he will support this resolution, and it is something to work
27 toward. He said transitioning from a fossil fuel-based economy to a 100% clean renewable
28 energy for all energy sectors-based economy by January 1, 2050 would impact a large number
29 of jobs. He asked if the intent is to eliminate all fossil fuel use.
30 Brennan Bouma said it is his understanding that the goal is not to eliminate all uses of
31 fossil fuels, but rather all uses of fossil fuels tied to energy generation.
32 Chair McKee said the resolution says "all uses," and he wants to know how to address
33 the needs of the millions of people who will lose their jobs as a result.
34 Kim Pirracci said there are many more jobs in clean energy than fossil fuel jobs, and she
35 said individuals may not be able to transition, but there are resources available to retrain fossil
36 fuel workers.
37 Bill Ward said North Carolina State University is putting forth great effort to train people,
38 and offer courses in this new technology.
39 Kim Pirracci said the goal is for the County to be completely off of fossil fuels by 2050,
40 including vehicles. She said she would like to speak about the Jacobson plan, which has five
41 parts to it. She said every place in the world should be able to be free of fossil fuels by 2050,
42 and this plan is outlined for every state and 139 countries. She said North Carolina has access
43 to wind and solar power.
44 Commissioner Marcoplos said his son and nephew went to Appalachian State University
45 because it is a national leader in training and education about alternative energies. He said
46 there are local solar companies that are hiring these graduates, and the market will only
47 increase.
48 Kathy Kaufman said coal is on the decline and will not return, due to cost and impact on
49 the environment. She said natural gas employment is the bigger issue. She said the number
10
1 of jobs in this arena is dwarfed by jobs in energy efficiency, solar, and other alternative
2 energies.
3 Commissioner Price thanked the public speakers, David Stancil, DEAPR Director and
4 Commission for the Environment for taking the time to craft this resolution, and this is just the
5 beginning of this conversation.
6 Commissioner McKee said he is not questioning the benefit of this resolution and
7 movement, but his main concern is that millions of jobs will go away before the transition into
8 clean energy is complete.
9 Commissioner Marcoplos said County staff is focused on opportunities for clean energy,
10 and are on the right track. He said the BOCC supported the light rail, which will mitigate climate
11 change, as does the rural buffer.
12 Commissioner Marcoplos said it is very important to move towards municipality owned
13 utilities, and get out from under State private utilities.
14
15 RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS IN SUPPORT OF
16 A LOCAL, STATE, AND NATIONAL GOAL OF 100% CLEAN ENERGY BY 2050
17 AND THE CREATION OF GREEN JOBS
18
19 Whereas, climate change has increased the global average surface temperature by
20 1.00 degrees Celsius (1.8 degrees Fahrenheit) since 1880; and
21
22 Whereas, climate change is expected to increasingly impact North Carolina's
23 temperatures, precipitation and sea level with harmful consequences in coming years; and
24
25 Whereas, climate change and global average temperature increases are primarily due
26 to human-caused fossil fuels emissions, including coal, oil and natural gas, according to the
27 United Nations Intergovernmental Panel on Climate Change, National Academy of Sciences,
28 American Meteorological Society, United States Environmental Protection Agency, United
29 States Department of Defense, and numerous other leading scientific, academic and
30 governmental authorities both in the United States and internationally; and
31
32 Whereas, a final agreement of the United Nations Conference of Parties (COP21),
33 which included the United States and a total of 195 nations, was reached in Paris, France on
34 December 12, 2015, that states the aim is to "holding the increase in the global average
35 temperature to well below 2 degrees Celsius above preindustrial levels and pursuing efforts to
36 limit the temperature increase to 1.5 degrees Celsius above preindustrial levels" and entered
37 into force on November 4, 2016; and
38
39 Whereas, scientists have concluded the concentration of carbon dioxide, the leading
40 greenhouse gas, in the Earth's atmosphere is currently and consistently over 400 parts per
41 million (ppm) and will likely stay above this level for the indefinite future for the first time in
42 millions of years; and
43
44 Whereas, sixteen of the seventeen hottest years on record have occurred in the twenty-
45 first century and 2016 is the hottest year on record; and
46
47 Whereas, an increase in the global average temperature is having and will continue to
48 increasingly have major adverse impacts, if not stopped by eliminating the use of fossil fuels, on
49 both the natural and human-made environments due to longer, more intense heat waves,
11
1 prolonged droughts, spread of infectious diseases, rising sea levels, ocean acidification,
2 wildfires, and more intense and frequent extreme weather events; and
3
4 Whereas, these physical effects are expected to lead to water scarcity, food insecurity,
5 increasing numbers of refugees, increased poverty, and the mass extinction of species; and
6
7 Whereas, studies completed by the International Monetary Fund (IMF), the Risky
8 Business Project, Duke University, and others point to the severe economic costs of climate
9 change and continuing use of fossil fuel, estimating billions of dollars a year in costs nationally
10 and trillions globally; and
11
12 Whereas, leading economists, policy experts, and business leaders conclude that
13 transitioning to a clean energy economy available for all would create millions of green jobs
14 nationally, improve health and living standards, and boost economic growth in coming years;
15 and
16
17 Whereas, low-income communities and communities of color in North Carolina and the
18 United States are inordinately exposed to pollution, that causes serious health problems such
19 as cancer and asthma, from fossil fuels, including the dirtiest coal-fired power plants which
20 produce coal ash, and need to be empowered and have access to educational tools and an
21 awareness of climate issues; and
22
23 Whereas, a Stanford University and University of California-Berkeley study concludes
24 the United States energy supply could be based entirely on renewable energy by the year 2050
25 using current technologies and 80% renewable energy by 2030 while creating numerous green
26 jobs; and
27
28 Whereas, municipalities, organizations, businesses, and academic institutions
29 throughout the world have set a goal to achieve carbon or climate neutrality by 2050 or earlier;
30 and
31
32 Whereas, over 1,000 mayors have joined the U.S. Conference of Mayors Climate
33 Protection Agreement since 2005 to commit to significantly reduce carbon emissions in their
34 cities to combat climate change; and
35
36 Whereas, over 600 American colleges and universities have made a commitment to
37 reduce greenhouse gases, including Appalachian State University, Blue Ridge Community
38 College, Carteret Community College, Catawba College, Central Carolina Community College,
39 Davidson College, Duke University, Elizabeth City State University, Fayetteville State University,
40 Guilford College, North Carolina Central University, Queens University of Charlotte,
41 Southeastern Community College, University of North Carolina at Chapel Hill, University of
42 North Carolina at Charlotte, University of North Carolina at Greensboro, University of North
43 Carolina at Pembroke, Wake Technical Community College, and Warren Wilson College; and
44
45 Whereas, North Carolina installed 1,140 MW of solar electric capacity in 2015, ranking it
46 second nationally; nearly $1.7 billion was invested on solar installations in North Carolina, a
47 159% increase over the previous year; there are currently more than 200 solar companies at
48 work throughout the value chain in North Carolina, the state companies employing some 6,000
49 people; North Carolina ranks third in the nation in installed solar capacity, enough to power
50 260,000 homes; and solar photovoltaic system prices in the U.S. have dropped by 66% since
12
1 2010; Whereas, North Carolina has more offshore wind energy potential than any other Atlantic
2 state; and
3
4 Whereas, the Intergovernmental Panel on Climate Change Fifth Assessment Report
5 recommended a global goal of achieving near zero greenhouse gas emissions or below, which
6 is necessary to stabilize the global average temperature to avoid climate catastrophe;
7
8 Now, Therefore, Be it resolved that the Orange County Board of Commissioners does hereby
9 approve of the following:
10
11 SECTION 1. Orange County, the State of North Carolina, and the United States shall
12 transition from a fossil fuel-based economy to a 100% clean renewable energy for all energy
13 sectors-based economy, by January 1, 2050 or sooner to avoid climate catastrophe, to promote
14 job creation and economic growth, and to protect the Earth for current and future generations
15 from climate catastrophe.
16
17 SECTION 2. This resolution is effective upon adoption.
18
19 A motion was made by Commissioner Price, seconded by Commissioner Jacobs
20 to adopt the resolution.
21
22 VOTE: UNANIMOUS
23
24 5. Public Hearings
25
26 a. Community Development Block Grant— Economic Development Public Hearing
27 The Board received comments from the public regarding the Community Development
28 Block Grant— Economic Development (CDBG-ED) #13-E-2606 (Morinaga America Foods, Inc.)
29 and authorize the Chair to sign the required grant closeout documents on behalf of the Board.
30 Ashley Moncado, Planning Department, reviewed the following information:
31
32 BACKGROUND:
33 In 2013, Orange County received a CDBG-ED award from the State of North Carolina for
34 infrastructure improvements related to the construction of the Morinaga America Foods, Inc.
35 The construction of the infrastructure supporting Morinaga America Foods, Inc.'s facility is
36 complete. The project provided critical infrastructure improvements that allowed Morinaga
37 America Foods, Inc. to build and staff a U.S. production facility in Orange County. The
38 improvements consisted of 3,700 linear feet of 12-inch water line and 1,500 linear feet of 8 to
39 10 inch sewer line that was constructed to the site. Orange County was awarded $750,000 from
40 CDBG for construction, and the County provided the match of$250,000 for engineering design
41 work and grant administration related to the project. The construction project came in under
42 budget at $716,903.08, which equals the total amount of CDBG-ED funds utilized for this
43 project. Actual Orange County funds for this project total $232,995.
44
45 Morinaga has documented the creation of at least 91 jobs during the first three years of
46 operation, of which 72% are low and moderate income individuals, which exceeds the program
47 goal of at least 60%. Morinaga America Foods, Inc. is a Living Wage Certified Employer. As a
48 result of Morinaga America Foods, Inc. meeting the required hiring goal of at least 90 hires, the
49 County has begun the grant closeout process. This process requires a public hearing to receive
13
1 comments from the public regarding the Community Development Block Grant— Economic
2 Development#13-E-2606 (Morinaga America Foods, Inc.).
3
4 A motion was made by Commissioner Price, seconded by Commissioner McKee to
5 open the public hearing.
6
7 VOTE: UNANIMOUS
8
9 PUBLIC COMMENT:
10 NONE
11
12 A motion was made by Commissioner Burroughs, seconded by Commissioner McKee to
13 close the public hearing.
14
15 A motion was made by Commissioner McKee, seconded by Commissioner Price to
16 authorize the Chair to sign the required closeout documents on behalf of the Board.
17
18 VOTE: UNANIMOUS
19
20 6. Regular Agenda
21 a. Proclamation of September 2017 as Preparedness Month (Item 8-h MOVED FROM
22 CONSENT AGENDA)
23 The Board considered approving a proclamation recognizing September 2017 as
24 "Preparedness Month" in Orange County and authorizing the Chair to sign.
25 Kirby Saunders, Emergency Management Coordinator, presented this item:
26
27 ORANGE COUNTY BOARD OF COMMISSIONERS
28 PREPAREDNESS MONTH 2017
29 PROCLAMATION
30
31 WHEREAS, the Federal Emergency Management Agency has designated September as
32 National Preparedness Month across the United States; and
33
34 WHEREAS, National Preparedness Month is an opportunity to raise awareness on the
35 importance of emergency preparedness and to encourage all Americans to better prepare their
36 homes and communities for all hazards, and
37
38 WHEREAS, the Federal Emergency Management Agency's Ready Campaign, Citizen Corps,
39 and other federal, state, local, tribal, territorial, private, and volunteer agencies are working to
40 increase public activities in preparing for emergencies and to educate individuals on how to
41 take action; and
42
43 WHEREAS, emergency preparedness is the responsibility of every Orange County resident,
44 and all residents are urged to make preparedness a priority and work together, as a team, to
45 ensure that individuals, families, and communities are prepared for disasters and emergencies
46 of any type; and
47
48 WHEREAS, all residents of Orange County are encouraged to participate in citizen
49 preparedness activities and asked to visit the websites of the Ready campaign at Ready.gov or
50 Listo.gov (in Spanish) and become more prepared;
14
1
2 NOW, THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim
3 September, 2017, as "Preparedness Month" in Orange County, and encourage all residents
4 and businesses to develop their own emergency preparedness plan, and work together toward
5 creating a more prepared community.
6
7 This, the 5th Day of September, 2017.
8
9 A motion was made by Commissioner Price, seconded by Commissioner Burroughs to
10 approve the resolution and authorize the Chair to sign the proclamation.
11
12 VOTE: UNANIMOUS
13
14 Kirby Saunders provided the Board an update on Hurricanes Harvey and Irma.
15
16 b. Update on FY 2016-17 County Expenditures to the Chapel Hill-Carrboro Chamber
17 and the Hillsborough/Orange County Chamber; and Recommend a County
18 Chamber of Commerce Membership Dues Policy
19 The Board received an update on FY 2016-17 County departments' expenditures to the
20 Chapel Hill-Carrboro Chamber of Commerce and the Hillsborough/Orange County Chamber of
21 Commerce and recommend a County policy regarding Chamber of Commerce membership
22 dues.
23 Gary Donaldson, Chief Financial Officer, reviewed the background information, and
24 PowerPoint presentation below:
25
26 BACKGROUND:
27 At the June 20, 2017 BOCC budget deliberation, the Board directed staff to prepare a report
28 listing all Chamber of Commerce expenditures and to recommend a Countywide policy for
29 Chamber of Commerce memberships. Attachment 1 lists all expenditures for FY 2016-17 to
30 both Chambers. The expenditure types are categorized by 1) Memberships 2) Inter-City Travel
31 3) Sponsorships and 4) Events/Meetings.
32
33 The Inter-City travel to a sister city occurs every two years. Those expenditures were coded to
34 the Partnership for a Sustainable Community, which is the Chapel Hill-Carrboro Chamber's
35 charitable non-profit partner.
36
37 The Board directed the following:
38 1) Identify and suspend all Chamber of Commerce payments except for one basic
39 membership to each organization pending Board review of expenditures;
40 2) Establish one County membership each for the Chapel Hill-Carrboro Chamber of
41 Commerce and the Hillsborough/Orange County Chamber of Commerce with the
42 named member listed as Orange County, NC Government;
43 3) Administer Chamber of Commerce memberships through the County Manager's
44 Office;
45 4) Develop a County policy for Chamber of Commerce memberships.
46
47 Follow-up Discussion on Chamber of Commerce Dues
48 September 5, 2017
49
50 Background
15
1 At the June 20, 2017 BOCC meeting, the Board directed the following:
2 1) Identify and suspend all Chamber of Commerce payments except for one basic
3 membership to each organization pending Board review of expenditures;
4 2) Establish one County membership each for the Chapel Hill-Carrboro Chamber of
5 Commerce and the Hillsborough/Orange County Chamber of Commerce with the
6 named member listed as Orange County, NC Government;
7 3) Administer Chamber of Commerce memberships through the County Manager's Office;
8 4) Develop a County policy for Chamber of Commerce memberships.
9
10 Membership Levels (chart)
11
12 Manager Recommendations
1) Establish one County membership each for Chapel Hill-Carrboro Chamber of Commerce
and Hillsborough Chamber of Commerce with the named member listed as Orange
County, NC Government.
2) Administer both Chamber of Commerce Memberships through the County Manager's
Office. No other County department shall maintain an individual Chamber membership.
3) Consistent with Board direction at its June 20, 2017 meeting, the Chapel Hill-Carrboro
Chamber membership shall be renewed at $8,500, and the Hillsborough Chamber
membership shall be renewed at $1,000 for FY2017-18. Membership levels will be
reviewed annually as part of the budget process.
4) Fifty percent (50%) of the membership costs will be paid from the General Fund and the
remaining fifty percent (50%) will be paid through the Visitors Bureau Fund.
5) Individual County departments may purchase tickets, sponsor individual Chamber
events, or participate in Chamber organized training and travel opportunities using
budgeted department funds.
6) The Department of Finance and Administrative Services will create a consistent basis for
recording all Chamber of Commerce expenditures so that costs may be easily tracked
13 and reported.
14
15 Questions
16
17 Commissioner Rich said it is important to balance out what is paid to each chamber;
18 only $1,000 for Hillsborough Orange County chamber and $8,900 for Chapel Hill —Carrboro
19 Chamber.
20 Commissioner Rich suggested paying $3,900 to the Chapel Hill Chamber, $3,000 to the
21 Hillsborough/Orange County Chamber, and leave the remaining $2,600 in the fund for the
22 Manager to use as needed for tickets.
23
24 A motion was made by Commissioner Burroughs, seconded by Commissioner Price for
25 the Board to:
26
27 1) Establish one County membership each for Chapel Hill-Carrboro Chamber of Commerce and
28 Hillsborough/Orange County Chamber of Commerce with the named member listed as
29 Orange County, NC Government.
30 2) Administer both Chamber of Commerce Memberships through the County Manager's Office.
31 No other County department shall maintain an individual Chamber membership.
16
1 3) Consistent with Board direction at its June 20, 2017 meeting, the Chapel Hill-Carrboro
2 Chamber membership shall be renewed at $8,500, and the Hillsborough /Orange County
3 membership shall be renewed at $3,000 for FY2017-18. Membership levels will be reviewed
4 annually as part of the budget process.
5 4) Fifty percent (50%) of the membership costs will be paid from the General Fund and the
6 remaining fifty percent (50%) will be paid through the Visitors Bureau Fund.
7 5) Individual County departments may purchase tickets, sponsor individual Chamber events, or
8 participate in Chamber organized training and travel opportunities using budgeted
9 department funds.
10 6) The Department of Finance and Administrative Services will create a consistent basis for
11 recording all Chamber of Commerce expenditures so that costs may be easily tracked and
12 reported.
13
14
15 Commissioner Rich said she wanted to offer her above suggestion as an amendment to
16 the motion, seconded by Commissioner Jacobs.
17 Commissioner McKee said he could not vote for the amendment to the motion, and
18 suggested raising Hillsborough's dues up to $3,000 while leaving Chapel Hill's dues at $8,500.
19 He said the Chapel Hill Chamber has been a good partner.
20 Commissioner Price agreed with Commissioner McKee.
21 Commissioner Burroughs said she would amend her motion in order to increase
22 Hillsborough's dues to $3,000, and Commissioner Price seconded.
23 John Roberts said the original motion can be amended via a friendly amendment at any
24 time, up until the vote; and there should be a vote on the second motion first.
25 Commissioner Jacobs said Commissioner McKee made a good point to increase
26 Hillsborough's amount and keep Chapel Hill at $8,500.
27
28 A motion was made by Commissioner Rich, seconded by Commissioner Jacobs' to give
29 $3,900 to the Chapel Hill Chamber and $3,000 the Hillsborough/Orange County Chamber.
30
31 VOTE: Ayes, 1 (Commissioner Rich); Nays, 5 (Commissioner McKee, Commissioner
32 Burroughs, Commissioner Price, Commissioner Marcoplos, Commissioner Jacobs)
33
34 Motion failed.
35
36 Commissioner McKee made a friendly amendment to the first motion to raise
37 Hillsborough's dues to $3,000, and keep the Chapel Hill Chamber at $8,500. Commissioners
38 Burroughs and Price accepted the friendly amendment.
39
40 VOTE: Ayes, 5 (Commissioner McKee, Commissioner Burroughs, Commissioner Price,
41 Commissioner Marcoplos, Commissioner Jacobs); Nays, 1 (Commissioner Rich)
42
43 c. County Property Designated for Sale as Affordable Housing
44 The Board considered designating the houses located at 1119 and 1203 Highway 70-A,
45 Hillsborough, North Carolina for use as affordable housing and conveyance of these properties
46 to non-profit agencies.
47 Jeff Thompson, Asset Management Services Director, reviewed information from
48 abstract, as well as aerial photographs of the properties in question:
49
50 BACKGROUND:
17
1 On October 15, 2013 the BOCC approved the purchase of two properties adjacent to the
2 Sportsplex to provide parking and for future expansion of the Orange County Sportsplex. The
3 properties, located at 1119 and 1203 Highway 70-A, each has an estimated 1,500 square foot
4 residential dwelling located on it (note Attachment 1, "Site Illustrative"). The County is preparing
5 to begin the construction of the Orange County Sportsplex Field House expansion. The houses
6 on the property, with some rehabilitation, are both suitable for affordable housing. Costs of
7 moving and rehabilitation of these structures are less than new construction of similar
8 structures.
9
10 Additionally, the embodied energy from the structures' original construction is not wasted; re-
11 purposing these structures when possible is considered more sustainable and environmentally
12 responsible. Staff proposes that the County convey the houses to one or more non-profits
13 agencies whose mission it is to provide affordable houses for low or moderate income families
14 for the nominal price of$1.00. In turn, these non-profits would rehabilitate these houses and
15 use them for affordable housing either through a sale or lease to persons who are low income.
16 Attached is a Resolution which authorizes the County Manager to sell the properties by
17 negotiated sale to either a public or private entity for the purpose of developing affordable
18 housing for persons of low to moderate income.
19
20 FINANCIAL IMPACT: The Sportsplex Field House capital project can support the move of the
21 1203 structure house in lieu of deconstruction. This house is contemplated to be moved by
22 AMS to a lot owned by Empowerment, Inc. (505 Terrell Street in Hillsborough) and conveyed to
23 1 Empowerment, Inc. who was awarded HOME funds that will be used to renovate the
24 structure. County rehabilitation funds will be used to move and rehabilitate the 1119 structure.
25
26 Sherrill Hampton said these houses will be funded with existing rehab funds. She said
27 these properties meet goals outlined by the BOCC.
28 Commissioner Price asked if it is known to where the other house will be moved.
29 Jeff Thompson said the other house is an attractive candidate, and structurally, is a stick
30 built house. He said it is on a pure foundation and can be moved locally. He said locations and
31 timing are being researched currently, and it needs to be moved within six weeks.
32 Commissioner Price asked if the Board will receive further updates prior to the house
33 being moved.
34 Jeff Thompson said the action this evening would allow conveyance of the property, but
35 there would be an update provided to the BOCC at a later date.
36 Commissioner Price asked if the Board can put restrictions, or attach covenants to the
37 houses, to insure that they remain affordable.
38 Sherrill Hampton said she is not sure about the legal process, but based on the funding
39 source restrictions can be put in place, and the County plans to do so.
40 Delores Bailey, Empowerment Executive Director, said that is what her organization
41 does.
42 Commissioner Jacobs thanked staff, and said the County has done this type of
43 transaction before.
44 Commissioner Marcoplos asked if any thought has been given to buying and moving
45 houses that do not initially belong to the County to County-owned land.
46 Sherrill Hampton said this idea can be looked into.
47 Commissioner Rich said a video should be made when the house is moved.
48 Commissioner Jacobs supported Commissioner Marcoplos' idea, and he said there are
49 people tearing down houses in order to build bigger ones who may be willing to gift the home to
50 the County rather than go through the process of tearing it down.
18
1
2
3 ORANGE COUNTY BOARD OF COMMISSIONERS
4
5 RESOLUTION AUTHORIZING THE COUNTY MANAGER TO DISPOSE OF COUNTY-
6 OWNED PROPERTY BY PRIVATE SALE OR OTHER MEANS FOR TO PROVIDE
7 AFFORDABLE HOUSING TO PERSONS OF LOW OR MODERATE INCOME
8
9 WHEREAS, the Orange County Board of Commissioners ("Board") is committed to
10 developing safe, convenient, accessible and efficient affordable housing for low and moderate
11 income households; and
12
13 WHEREAS, North Carolina General Statute § 153A-378 provides in part that the County
14 may convey property owned by Orange County by private sale to any public or private entity
15 that provides affordable housing to persons of low or moderate income under and terms and
16 conditions that the Board may determine; and
17
18 WHEREAS, Orange County owns properties located at 1119 and 1203 Highway 70-A in
19 Hillsborough, North Carolina which contain houses; and
20
21 WHEREAS, Orange County does not have use for the houses located on those
22 properties which are suitable for affordable housing for persons of low to moderate income; and
23
24 Whereas, Orange County wishes to convey the houses on these properties to non-profit
25 agencies that have as their mission providing affordable housing to low or moderate income
26 persons.
27
28 NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of
29 Commissioners that the following procedures and standards for affordable housing are hereby
30 adopted and shall be followed:
31
32 1. That the County Manager is hereby authorized, subject to legal review and approval
33 by the County Attorney, to execute the necessary documents to convey the houses
34 on the above described property either by negotiated sale or lease to a private of
35 public entity for the development of affordable housing for persons with low to
36 moderate income for the price of one dollar ($1.00).
37
38 2. That property conveyed for affordable housing be used as affordable housing within
39 one year under procedures, standards and conditions established by the County,
40 including the condition that the property be sold or leased to persons of low or
41 moderate income.
42
43 3. That as part of any such conveyance provided in paragraph 2 above, covenants or
44 conditions be attached to the property to assure the property will be developed by
45 the entity for sale or lease to persons of low or moderate income.
46
47 Adopted this the 5th day of September 2017.
48
19
1 A motion was made by Commissioner Jacobs, seconded by Commissioner McKee for
2 the Board to approve the Resolution designating the houses located at 1119 and 1203 Highway
3 70-A, Hillsborough, North Carolina for use as affordable housing and conveyance of these
4 properties to non-profit agencies.
5
6 VOTE: UNANIMOUS
7
8 d. Chapel Hill Extraterritorial Jurisdiction (ETJ) Expansion
9 The Board considered approving sending the Town of Chapel Hill a letter in support of
10 the Town's proposal to move forward to a public hearing regarding extension of its ETJ over
11 184.9 acres of land in the northern portion of the town.
12 Perdita Holtz, Planning Department, reviewed the following information, and made a
13 PowerPoint presentation, which included photographs only:
14
15
16 BACKGROUND:
17 Possible amendments to the Joint Planning Area were introduced to the Board of County
18 Commissioners (BOCC) at a February 13, 2017 work session. Since February, Town of Chapel
19 Hill staff introduced the possible amendments to the Town Council and the Mayor of Chapel Hill
20 sent a letter to the County in July (see Attachment 1).
21
22 The Town is interested in holding a public hearing on the proposed ETJ expansions (see map
23 in Attachment 3). BOCC members may recall that the February work session introduction
24 included an area encompassing 207.8 acres in the "southern triangle" of Orange County. There
25 is interest on the part of the Town, per Town Council discussion, to jointly study this area to
26 determine which portions may warrant changing the designation from Transition Area to Rural
27 Buffer. However, because amending the "southern triangle" area would require a different
28 process than extending the ETJ, it is not under consideration as part of the ETJ expansion
29 request. Specifically, a change would have to be heard at a joint public hearing of Orange
30 County and the Towns of Chapel Hill and Carrboro and must be approved by all three local
31 governments. The action requested tonight is for the BOCC to approve sending the letter in
32 Attachment 2 to the Town of Chapel Hill. This letter supports the Town moving forward to a
33 public hearing on the ETJ expansions.
34
35 Subsequent to the public hearing, if the Town is still interested in pursuing the ETJ expansion,
36 the BOCC will be asked to adopt a formal resolution of support. As the letter in Attachment 2
37 acknowledges, amendments to the Water and Sewer Management, Planning, and Boundary
38 Agreement (WASMPBA) would be necessary in order to serve the parcels in the Millhouse
39 Road area with public water and sewer; this includes the 1 Millhouse Road Park parcel owned
40 by Orange County. The 66 acres in the vicinity of Sunrise Road are already designated as
41 "primary service area" on the WASMPBA map.
42
43 PUBLIC COMMENT:
44
45 Mayor Pam Hemminger said her council is not interested in undoing the rural buffer, but
46 are interested in changing the Sunrise Road parcel from Transition to ETJ, so that if a Habitat
47 project came through it would not be submitted to two review processes. She said the Town
48 would like to see Millhouse Road parcel become a park. She said this was the intent of this
49 property upon its purchase, and playing fields were considered. She said to host a sports
50 tournament on such a property requires bathrooms connected to water and sewer. She said it
20
1 is her understanding from staff, that in order to achieve this, the designation must be changed
2 from rural buffer to ETJ. She said she would prefer staffs to work together and achieve this
3 goal under the "essential public services" definition to allow bathrooms in public park facilities.
4 She said the Town has no interest in damaging or changing the rural buffer. She said there are
5 five entities that need to agree in order to move forward, and there are public-private
6 partnership opportunities for funding.
7 Mayor Hemminger said the Town has had no discussions about the parcel on the
8 southern end of the County.
9 Commissioner McKee asked if there is a reason the letter in the packet cannot be sent
10 anyway, or will it lock the Board in to something.
11 John Roberts said he does not interpret the letter as an approval to expand the ETJ,
12 and if the Board votes on the letter this evening, that will start the public hearing process,
13 allowing Chapel Hill to gather more information.
14 Commissioner Burroughs said the letter shows support for the Town in setting a public
15 hearing for the extension.
16 Mayor Hemminger said it was not the Town's intention to hold a public hearing on
17 changing the terminology from rural buffer to ETJ. She said it would be nice for the BOCC to
18 write a letter expressing support of County and Town staff working together on the issue, and to
19 take this letter to the AOG.
20 Commissioner Rich said the letter needs to be re-written to focus on a path forward for
21 these properties.
22 Mayor Hemminger said sending the letter as it stands would give the community reason
23 to believe that the Town intends to hold a public hearing about whether or not to keep the rural
24 buffer, which is not the Town's intent.
25 Commissioner Jacobs said to re-write the letter and re-submit it to the Board prior to
26 sending it to the Town of Chapel Hill.
27 Commissioner Jacobs asked Perdita Holtz if she could clarify the effect of going from
28 rural buffer to ETJ, as pertains to the control of the property.
29 Perdita Holtz said it would change the property from County jurisdiction to Town
30 jurisdiction, and the Town would extend zoning districts over the property via a public hearing.
31 Commissioner Jacobs suggested doing this very cautiously, as there is no plan in place
32 for a park or the land in general. He said discussing the extension of water and sewer, as well
33 as possibilities for the land is a starting point. He said the County can approve its own park,
34 while the Town has different standards. He said he is not comfortable having a process in
35 which the Board indicates its willingness to move a County parcel into someone else's
36 jurisdiction, until the intended use for the parcel is very clear.
37 Mayor Hemminger said Commissioner Jacobs' words capture the spirit of the topic, but
38 she would like to know if staff can work on a definition of"essential public services". She said
39 the Town wants to work with the County.
40 Commissioner Marcoplos said he generally agreed with Commissioner Jacobs, and he
41 finds the Sunrise Road site to be simple. He said he would like to see more data on the water
42 and sewer issue. He said the Millhouse Road area is a prime location for a transfer station, but
43 he sees the possibility for this narrowing, and he would like to discuss this further.
44 Commissioner Jacobs said he is amenable to this discussion, but he heard this area is
45 only big enough for Chapel Hill. He said now is a more amenable time to discuss the transfer
46 station issue. He said this was discussed 10 years ago, and the area was still considered part
47 of the Rogers Road community. He said the topic has been mentioned in several BOCC
48 meetings, and he is shocked that no one has come forward to speak about the issue.
21
1 Commissioner Marcoplos said he has done some research on this issue of the transfer
2 station and the Rogers Road area, and he is certain that it would not impact that community in
3 any way, and would be happy to speak to residents.
4 Commissioner Jacobs said one other area that needs to be investigated, as pertains to
5 water and sewer, is if the definition of where it can be extended, within the joint planning area,
6 is changed, whether the County can restrict other entities from tapping on to the water and
7 sewer. He said in the past, such restrictions have not been allowed. He asked if the Attorney
8 would follow up on this topic.
9 Mayor Hemminger said the sewer line comes up to the back edge of the property, and
10 she agreed that this must be made very clear as unintended consequences are hard to take
11 back.
12 Commissioner Price said the people of the community have heard about the possibility
13 of the transfer station discussion coming back, and they are not happy.
14 Commissioner Rich said this item needs to go back to County and Town staff, for further
15 discussion about restricted tap-ons, and future plans for the parcel. She said there may be a
16 desire to vote on the Sunrise Road property, and asked if the two parcels could be separated,
17 and if the BOCC could vote on the Sunrise Road property.
18 John Roberts said yes the two could be separated, and voted on individually.
19 Commissioner Burroughs asked if a vote on the Sunrise Road parcel is needed by the
20 Town at this time.
21 Mayor Hemminger said separating the items is a good idea, but she thinks a public
22 hearing should be held prior to a vote, to allow the public the opportunity to speak.
23 Perdita Holtz said the County would not need a formal public hearing, but the Town
24 would; and then the item comes back to the County for a formal resolution of support, which is
25 always an agenda item.
26 Commissioner Jacobs said there are some other parcels that the Town said were
27 potentially within its jurisdiction, or transition area.
28 Mayor Hemminger said the Town is only interested in moving forward on the Sunrise
29 Road parcel at this time. She would like staff to have further discussions on the other parcels.
30
31 A motion was made by Commissioner Price, seconded by Commissioner Jacobs for the
32 Board to separate the two items —and to acknowledge that the County is supportive of the Town
33 moving forward on setting a public hearing for extension of the Town's Extraterritorial
34 Jurisdictional Boundary (ETJ) over sixty-six (66) acres in the vicinity of Sunrise Road.
35
36 VOTE: UNANIMOUS
37
38 A motion was made by Commissioner Price, seconded by Commissioner Jacobs to
39 acknowledge that the County also supports additional staff analysis on how to best serve the
40 County owned park property on Millhouse Road with appropriate water and sewer options.
41 These options include but are not limited to:
42
43 • Determining if the future park bathrooms and other facilities can be adequately served
44 using methods other than public water and sewer, thereby negating the need for land
45 use and zoning changes, and
46 • Exploring other options that would allow for an extension of public water and sewer to
47 serve the park property without necessitating land use and zoning changes.
48
22
1 Further discussion of these options could occur at either a joint County/Town meeting or at an
2 Assembly of Governments meeting after staffs have had the opportunity to study and analyze
3 options.
4
5 VOTE: UNANIMOUS
6
7 Commissioner Jacobs suggested that David Stancil and DEAPR need to move up their
8 planning on the Millhouse Road property.
9 Bonnie Hammersley said DEAPR does not have a plan, except to work with the Town of
10 Chapel Hill to create a master plan for this area.
11
12 7. Reports
13 NONE
14
15 8. Consent Agenda
16
17 • Removal of Any Items from Consent Agenda
18 Commissioner Rich removed Items o and r
19 Commissioner Jacobs removed Items I and m (which he meant to remove N)
20 • Approval of Remaining Consent Agenda
21
22 A motion was made by Commissioner McKee, seconded by Commissioner Burroughs to
23 approve the remaining items on the consent agenda.
24
25 VOTE: UNANIMOUS
26
27 • Discussion and Approval of the Items Removed from the Consent Agenda
28
29 I. Unified Development Ordinance (UDO) Amendment Outline and Schedule—Jordan
30 Lake Nutrient Rules
31 The Board considered approving process components and schedule for government
32 initiated amendments to the UDO to remove the Jordan Lake Nutrient Rules and references
33 related to Jordan Lake stormwater quality, in accordance with current State laws.
34 Commissioner Jacobs said this was written with much sanitized language, and he said it
35 should be made clear that this was forced on the County, and it is inconsistent with its values.
36
37 A motion was made by Commissioner Jacobs, seconded by Commissioner Price to
38 approve the process components and schedule for government initiated amendments to the
39 UDO to remove the Jordan Lake Nutrient Rules and references related to Jordan Lake
40 stormwater quality, in accordance with current State laws.
41
42 VOTE: UNANIMOUS
43 m. Unified Development Ordinance (UDO) and Zoning Atlas Amendment Outline —
44 Flood Damage Prevention Regulations and Special Flood Hazard Area (SFHA) Overlay
45 District
46 The Board approved process components and schedule for an upcoming government-initiated
47 Unified Development Ordinance (UDO) and Zoning Atlas amendments updating existing flood
48 damage prevention regulations and eliminating the Special Flood Hazard Area (SFHA) Overlay
49 District.
23
1 A motion was made by Commissioner Jacobs, seconded by Commissioner Marcoplos to
2 approve Item m.
3
4 VOTE: UNANIMOUS
5
6 Commissioner Jacobs said he made a mistake by removing Item m, and was actually
7 Item n that he wanted to remove, but Item n has now already been approved. He shared his
8 comments on Item n:
9
10 n. Amendment Outline Form and Schedule — Expansion of Hillsborough Area Economic
11 Development District
12 The Board considered initiating amendments to the Town of Hillsborough/Orange County
13 Central Orange Coordinated Area Land Use Plan, the Orange County Comprehensive Plan
14 Future Land Use Map, and the Orange County Zoning Atlas. These amendments would define
15 the allowable land uses in the recently expanded portion of the Hillsborough Economic
16 Development District, south of Interstate 40 in the vicinity of Old Highway 86. These items are
17 planned for Board consideration at the November 2017 BOCC Quarterly Public Hearing.
18
19 Commissioner Jacobs said there was a public conversation about this, and putting it in
20 the consent agenda now slips it past the public. He said the land use planning should be clear
21 and in the open, as the BOCC has no intention of pulling anything over on the public.
22
23
24 A motion was made by Commissioner McKee, seconded by Commissioner Burroughs to
25 initiate amendments to the Town of Hillsborough/Orange County Central Orange Coordinated
26 Area Land Use Plan, the Orange County Comprehensive Plan Future Land Use Map, and the
27 Orange County Zoning Atlas. These amendments would define the allowable land uses in the
28 recently expanded portion of the Hillsborough Economic Development District, south of
29 Interstate 40 in the vicinity of Old Highway 86. These items are planned for Board consideration
30 at the November 2017 BOCC Quarterly Public Hearing.
31
32 VOTE: UNANIMOUS
33
34 o. Expansion of the Hours During Which Alcohol May be Sold on Sundays
35 The Board considered approving a resolution authorizing the sale of alcohol beginning at 10:00
36 a.m. on Sundays.
37
38 Commissioner Rich said she wanted to acknowledge this item, noting the County's
39 approval of restaurants and package stores, while Chapel Hill only approved restaurants.
40
41
42 A motion was made by Commissioner Rich, seconded by to Commissioner Price to
43 approve a resolution authorizing the sale of alcohol beginning at 10:00 a.m. on Sundays.
44
45 VOTE: UNANIMOUS
46
47 r. Performance Agreement Between the Town of Chapel Hill and Visitors Bureau
48 The Board considered approving the 2017-18 performance agreement between the Town of
49 Chapel Hill and the Chapel Hill/Orange County Visitors Bureau.
50
24
1 Commissioner Rich said she wanted to thank Chapel Hill for these performance
2 agreements, and the County does not have these with Carrboro and Hillsborough.
3 Laurie Paolicelli, Visitor's Bureau Director, said Carrboro and Hillsborough would have a
4 more amplified voice at the table if they were to contribute, and the Manager has communicated
5 this to both of the Towns.
6 Bonnie Hammersley said the Town of Hillsborough referred the County to the Tourism
7 Development Authority, and a meeting has yet to occur. She said the Town of Carrboro has not
8 responded on the issue.
9
10 A motion was made by Commissioner Rich, seconded by Commissioner Marcoplos to
11 approve the 2017-18 performance agreement between the Town of Chapel Hill and the Chapel
12 Hill/Orange County Visitors Bureau
13
14 VOTE: UNANIMOUS
15
16 a. Minutes
17 The Board approved the minutes from June 6, 8, 13, 15, 20 and August 23, 2017 as submitted
18 by the Clerk to the Board.
19 b. Motor Vehicle Property Tax Releases/Refunds
20 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle
21 property tax values for nine taxpayers with a total of ten bills that will result in a reduction of
22 revenue in accordance with NCGS.
23 c. Property Tax Releases/Refunds
24 The Board adopted a resolution, which is incorporated by reference, to release property tax
25 values for nine taxpayers with a total of thirteen bills that will result in a reduction of revenue, in
26 accordance with North Carolina General Statute 105-381.
27 d. Applications for Property Tax Exemption/Exclusion
28 The Board approved fourteen (14) untimely applications for exemption/exclusion from ad
29 valorem taxation for fifteen (15) bills for the 2017 tax year.
30 e. Tax Collector's Annual Settlement for Fiscal Year 2016-17
31 The Board received the tax collector's annual settlement on current and delinquent taxes, and
32 approved by resolution the accounting thereof, and upon acceptance of the reports, issue the
33 Order to Collect for Fiscal Year 2017-2018.
34 f. Refund of Overpayment of Excise Tax
35 The Board approved a refund of overpayment of excise tax totaling $290.
36 g. Appointments to the Orange County Justice Advisory Council
37 The Board approved appointments to the Orange County Justice Advisory Council.
38 h. Proclamation of September 2017 as Preparedness Month
39 The Board approved a proclamation recognizing September 2017 as "Preparedness Month" in
40 Orange County and authorized the Chair to sign.
41 i. Fiscal Year 2017-18 Budget Amendment#1
42 The Board approved budget and grant project ordinance amendments for fiscal year 2017-18 to
43 the Health Department; County Manager's Office; DEAPR; Department on Aging; Criminal
44 Justice Resource Department; and the Department of Social Services.
45 j. Application for North Carolina Education Lottery Proceeds for Chapel Hill —Carrboro
46 City Schools (CHCCS) and Contingent Approval of Budget Amendment #1-A Related
47 to CHCCS Capital Project Ordinances
48 The Board approved an application to the North Carolina Department of Public Instruction
49 (NCDPI) to release proceeds from the NC Education Lottery account related to FY 2017-18
50 debt service payments for Chapel Hill —Carrboro City Schools (CHCCS), and to approve
25
1 Budget Amendment#1-A (amended School Capital Project Ordinances), contingent on the
2 NCDPI's approval of the application and authorized the Chair to sign.
3 k. Ratification of Manager-Approved Agreements
4 The Board ratified two Family Success Alliance outside agency performance agreements
5 approved by the County Manager over the summer break.
6 I. Unified Development Ordinance (UDO) Amendment Outline and Schedule—Jordan
7 Lake Nutrient Rules
8 The Board approved process components and schedule for government initiated amendments
9 to the UDO to remove the Jordan Lake Nutrient Rules and references related to Jordan Lake
10 stormwater quality, in accordance with current State laws.
11 m. Unified Development Ordinance (UDO) and Zoning Atlas Amendment Outline— Flood
12 Damage Prevention Regulations and Special Flood Hazard Area (SFHA) Overlay
13 District
14 The Board approved process components and schedule for an upcoming government-initiated
15 Unified Development Ordinance (UDO) and Zoning Atlas amendments updating existing flood
16 damage prevention regulations and eliminating the Special Flood Hazard Area (SFHA) Overlay
17 District.
18 n. Amendment Outline Form and Schedule— Expansion of Hillsborough Area Economic
19 Development District
20 The Board initiated amendments to the Town of Hillsborough/Orange County Central Orange
21 Coordinated Area Land Use Plan, the Orange County Comprehensive Plan Future Land Use
22 Map, and the Orange County Zoning Atlas. These amendments would define the allowable land
23 uses in the recently expanded portion of the Hillsborough Economic Development District, south
24 of Interstate 40 in the vicinity of Old Highway 86. These items are planned for Board
25 consideration at the November 2017 BOCC Quarterly Public Hearing.
26 o. Expansion of the Hours During Which Alcohol May be Sold on Sundays
27 The Board approved a resolution, which is incorporated by reference, authorizing the sale of
28 alcohol beginning at 10:00 a.m. on Sundays.
29 p. Repeal of the Educational Facilities Impact Fee Ordinance
30 The Board adopted an ordinance and a resolution to repeal the Educational Facilities Impact
31 Fee Ordinance, in accordance with current State laws, and authorize the Chair to sign.
32 q. Health Department Fee Schedule Change
33 The Board approved a request from the Health Department that the Board adopt a Personal
34 Health fee approved by the Board of Health at its August 23, 2017 meeting.
35 r. Performance Agreement Between the Town of Chapel Hill and Visitors Bureau
36 The Board approved the 2017-18 performance agreement between the Town of Chapel Hill and
37 the Chapel Hill/Orange County Visitors Bureau.
38
39 9. County Manager's Report
40 Bonnie Hammersley said the BOCC has a work session on September 7th at the
41 Southern Human Services Center.
42 Donna Baker said there will be a closed session at the beginning of that meeting.
43
44 10. County Attorney's Report
45 NONE
46
47 11. *Appointments
48
49 a. Done above
50
26
1 n. Jury Commission —Appointment
2 The Board considered making an appointment to the Jury Commission.
3
4 A motion was made by Commissioner Marcoplos, seconded by Commissioner Price to
5 appoint the following to the Jury Commission:
6
7 • Appointment to an eighth full term (position #1) "At-Large BOCC Appointment" for Bob
8 Hall expiring 06/30/2019.
9
10 VOTE: UNANIMOUS
11
12 o. Mebane Planning Board —Appointment
13 The Board considered making an appointment to the Mebane Planning Board.
14
15 A motion was made by Commissioner Jacobs, seconded by Commissioner McKee to
16 appoint the following to the Mebane Planning Board:
17
18 • Appointment to a partial term (position #1) "Mebane Extraterritorial Jurisdiction" for Keith
19 Hoover expiring 06/30/2019.
20
21 VOTE: UNANIMOUS
22
23 p. Orange Unified Transportation Board —Appointments
24 The Board considered making appointments to the Orange Unified Transportation
25 Board.
26
27 Deferred —Appointment to a second full term (position #3) "Cedar Grove Township" for Ed
28 Vaughn expiring 09/30/2020. •
29
30 Commissioner Marcoplos said that Mr. Vaughn has only attended 3 out of the last 10
31 meetings of this board.
32 Donna Baker said that the support staff has not sent any concerns to her office about
33 his attendance; but she will follow up, and this particular appointment can be brought back to
34 the Board at a later date.
35 The Board agreed by consensus to defer this appointment to a later date.
36
37 A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to
38 appoint Brantley Wells to a second full term (position #6) "Hillsborough Township" expiring
39 09/30/2020. •
40
41 VOTE: UNANIMOUS
42
43 A motion was made by Commissioner McKee, seconded by Commissioner Jacobs to
44 appoint to a second full term (position #8) "At-Large" -Art Menius expiring 09/30/2020.
45
46 VOTE: UNANIMOUS
47
48 A motion was made by Commissioner Price, seconded by Commissioner Jacobs to
49 appoint to a first full term (position #9) "At-Large" -- Jenn Sykes expiring 09/30/2020.
50
27
1 VOTE: UNANIMOUS
2
3 A motion was made by Commissioner Jacobs, seconded by Commissioner Price to
4 appoint to a second full term (position #11) "At-Large" - Heidi Perry expiring 09/30/2020.
5
6 VOTE: UNANIMOUS
7
8 12. Information Items
9
10 • June 20, 2017 BOCC Meeting Follow-up Actions List
11 • Tax Collector's Report— Numerical Analysis
12 • Tax Collector's Report— Measure of Enforced Collections
13 • Tax Assessor's Report— Releases/Refunds under $100
14 • Orange County Process to Submit STIP Projects to MPOs/RPOs
15 • Request for Proposals for an Emergency Storm Debris Site
16 • Memorandum - Update on Mebane Traffic Separation Study (TSS)
17 • BOCC Chair Letter Regarding Petitions from June 20, 2017 Regular Meeting
18
19 13. Closed Session
20
21 A motion was made by Commissioner McKee, seconded by Commissioner Burroughs to
22 go into closed session at 10:03 p.m. for the purpose of:
23
24 "Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order
25 to preserve the attorney-client privilege between the attorney and the Board."
26
27 VOTE: UNANIMOUS
28
29 RECONVENE INTO REGULAR SESSION
30
31 A motion was made by Commissioner Jacobs, seconded by Commissioner McKee to
32 reconvene into regular session at 10:35 p.m.
33
34 VOTE: UNANIMOUS
35
36 14. Adjournment
37
38 A motion was made by Commissioner Jacobs, seconded by Commissioner McKee to
39 adjourn the meeting at 10:35 p.m.
40
41 VOTE: UNANIMOUS
42
43 Mark Dorosin, Chair
44
45
46 Donna Baker
47 Clerk to the Board
48
1
1 Attachment 2
2
3 DRAFT MINUTES
4 BOARD OF COMMISSIONERS
5 WORK SESSION
6 September 7, 2017
7 7:00 p.m.
8
9 The Orange County Board of Commissioners met for a work session on Thursday, September
10 7, 2017 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C.
11
12 COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Mia Burroughs,
13 Mark Dorosin, Barry Jacobs, Mark Marcoplos, Earl McKee, Renee Price and Penny Rich
14 COUNTY COMMISSIONERS ABSENT:
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
17 Travis Myren and Deputy Clerk to the Board David Hunt (All other staff members will be
18 identified appropriately below)
19
20 Chair Dorosin called the meeting to order at 7:05 p.m.
21
22 Closed Session
23
24 A motion was made by Commissioner McKee, seconded by Commissioner Rich to
25 adjourn into closed session at 7:06 for the purpose of:
26
27 "To discuss matters related to the location or expansion of industries or other businesses in the
28 area served by the public body, including agreement on a tentative list of economic
29 development incentives that may be offered by the public body in negotiations," NCGS § 143-
30 318.11(a)(4).
31
32 VOTE: UNANIMOUS
33
34 A motion was made by Commissioner Burroughs, seconded by Commissioner Rich to
35 reconvene into open session at 8:19 p.m.
36
37 VOTE: UNANIMOUS
38
39 1. Board of Commissioners DRAFT Meeting Calendar for 2018
40
41 1. For the Board to consider and discuss a petition request by Commissioner Jacobs
42 from the May 2, 2017 BOCC meeting about previous dinner meetings with Health,
43 Social Services and other advisory boards that are no longer scheduled on the BOCC
44 meeting calendar.
45
46
47 Staff recollections on this issue were that these were removed during discussion in Chair/Vice
48 Chair agenda reviews (about meeting calendar) because of:
49 • Lack of agenda items from Advisory Boards/Departments
50 • Insufficient agenda packets (sometimes only an agenda sheet)
2
1 • Low attendance from BOCC members at some meetings or late arrivals
2 • Reduction of BOCC meetings
3 • Advisory board meetings could always be added to the meeting calendar on an "as
4 needed" basis
5
6 2. For the Board to consider and discuss a petition by Chair Dorosin from the May 2,
7 2017 BOCC meeting that staff and the Board begin thinking about the Board's annual
8 meeting calendar and potential opportunities to reduce the number of meetings.
9
10 Attachment 4- Email from Chair Dorosin (8/10/17)
11
12 Chair Dorosin said he would like to review the BOCC meeting calendar, noting there are
13 over 50 meetings a year.
14 The Clerk said the BOCC has nine public meetings between now and June 20th, and two
15 closed sessions.
16 Chair Dorosin encouraged the Board to be conscientious of the time it takes to hold a
17 meeting, including the amount of prep work.
18
19 After discussion/discussion by the Board, and any proposed changes made, this item will be on
20 the consent agenda at an October/November BOCC meeting for approval.
21
22 In an effort to have a thorough discussion about the number of meetings we have, the
23 following ideas are offered for your consideration:
24
25 0 Move the 4 quarterly public hearings from separate meetings into regular
26 meetings each quarter. According to John R., this is a perfectly legitimate
27 alternative and can be done without any changes to the UDO. (If we wanted to
28 go further and change the UDO however, we would have even more flexibility
29 and planning items requiring a public hearing could be considered at a public
30 hearing during any of the 20 or so regular board meetings annually.
31 o Reduction: 4 meetings
32
33 0 Move the joint town meetings (Hillsborough/Mebane/Chapel Hill/Carrboro) to the
34 first portion of a BoCC work session. Following the joint meeting portion, our
35 colleagues could leave, with the rest of the work session dedicated to BoCC
36 issues. We may also want to discuss whether we still need to have all of these
37 joint sessions.
38 o Reduction: 4 meetings
39
40 0 Move the 2 meetings for personnel evaluations (clerk/attorney, manager) to
41 closed sessions at the end of regular meetings. We did this with the manager's
42 evaluation this year and I think it worked fine.
43 o Reduction: 2 meetings
44
45 0 Move the legislative breakfast to a regular meeting or work session. It might be
46 ideal to do this at the regular meeting where we discuss/vote on our legislative
47 goals and agenda.
48 o Reduction: 1 meeting
49
3
1 Of course, if we determine during the course of the year that we need to add a meeting
2 back, we always have the option to do so.
3
4
5 END OF EMAIL
6
7 Chair Dorosin said there are two versions of the proposed 2018 Board of County
8 Commissioners (BOCC) meeting calendar at the Commissioners' places. He said the Board
9 has been discussing the option of reducing the number of meetings. He said the BOCC
10 currently meets 48 times per year. He said the number would reduce by 25%, if all proposed
11 changes are accepted, to 37 meetings. He said the meetings that are prosed for removal
12 include: quarterly public hearings (QPH); Fire Department meetings; Legislative Delegation
13 Breakfast meeting; meetings with Towns, Schools, etc.
14 Commissioner Price asked if these meetings would be made up in any way, or rolled
15 into other meetings.
16 Chair Dorosin reviewed the changes he suggested in his email from May 2nd. He said a
17 meeting can always be added to a calendar, if needed.
18 Commissioner Burroughs asked if the Board can be more disciplined, and keep
19 conversation at the policy level, as opposed to micro managing.
20 Commissioner Burroughs said she asked Steve Brantley, Economic Development
21 Director, if he could identify the percentage of the community that is self-employed, and he told
22 her 7%. She said more than half of the Commission is self-employed. She said the more
23 meetings that occur; the more difficult it is to have a broad range of people on the Board. She
24 said if the number of meetings is not going to be reduced, then the pay must be increased in
25 order to attract a more diverse pool of Commissioners.
26 Commissioner Price said the Legislative Breakfast is still on both proposed calendars as
27 a separate meeting in March. She asked if this would be put with another meeting.
28 Chair Dorosin said it is the pleasure of the Board, and his only consideration is that it
29 would not be a separate meeting.
30 Commissioner Price said she agreed about the QPH and meeting with the Towns, but
31 she is hesitant to do staff evaluations after meetings as that seems unfair to staff. She said
32 some meetings run very long.
33 Chair Dorosin said the goal would be have evaluations after very short meetings. He
34 agreed with Commissioner Burroughs that there would need to be a level of discipline.
35 Commissioner Jacobs said he is receptive to change, but he does not think a more
36 public Legislative Breakfast will be productive.
37 Commissioner Jacobs said the Board is not taking advantage of meetings that start at
38 dinnertime, and he does not want to give up time in work sessions to meetings with other
39 boards. He said work sessions are the most flexible space, and allow for in depth conversation.
40 He said if meetings are going to be combined into work sessions, then the work sessions
41 should begin earlier.
42 Commissioner Jacobs said the Board has a policy of automatic adjournment at 10:30
43 p.m., which has been ignored for years; and if one Commissioner declines to extend a meeting,
44 it is supposed to end. He said the addition of a QPH to a regular meeting runs the risk of a very
45 long meeting. He said he wants to be sensitive to staff being able to leave.
46 Commissioner Jacobs said he would prefer to stick with a 10:30 p.m. end time at
47 meetings.
48 Commissioner Rich said moving QPH to regular meetings could work, but agrees that
49 the agenda review would have to attempt to schedule items with timeliness in mind whenever
4
1 possible. She said the meetings with the Towns could be attached to a work session, and
2 begin a bit earlier.
3 Commissioner Rich suggested moving personnel closed sessions prior to a meeting
4 instead of at the end of a meeting, and that it could be a dinner meeting. She said staff
5 deserves the Board to be fresh and engaged. She said she is unsure about the Legislative
6 Breakfast, and agrees that the conversation may not be as full if it occurs during a BOCC
7 meeting. She understands that the Board setting goals prior to the Legislative Breakfast seems
8 a bit backwards.
9 Commissioner McKee said the QPH slows down the whole process for those submitting
10 paperwork, and he agrees with moving QPH items into regular meetings, as evenly spaced as
11 possible.
12 Commissioner McKee said the Board needs to set legislative goals, and encourage the
13 legislature to support them when possible. He said he does not want to eliminate the
14 Legislative Breakfast, and does not want to combine it into another meeting either.
15 Commissioner McKee said he was not satisfied with having the Manager's evaluation at
16 the end of a meeting, such as occurred on June 20th. He said he was tired and unfocused. He
17 said he is amenable to conducting evaluations at the beginning of a meeting.
18 Commissioner McKee referred to the Fire Department meetings, and said these
19 meetings keep communication open with the Fire Departments, and maintains good relations.
20 He said the removal of these meetings would be insulting to the Fire Departments. He said to
21 keep these meetings attached to a work session.
22 Commissioner McKee said he is unsure he can be any more disciplined, as he feels he
23 must always speak his mind. He said the Board needs to focus on policy and not
24 micromanagement, but if he sees an item of concern, he will speak up. He said he would like
25 to reduce the overall number of meetings, but thinks the Board must be very careful not to cut
26 into the quality of the product.
27 John Roberts said the QPH can be designated into a regular meeting on a quarterly
28 basis, and the Planning Department would need to know ahead of time. He said a problem
29 may arise when there are a large number of items, such as this November, and the meeting will
30 run very long.
31 John Roberts said he looked at the Unified Development Ordinance (UDO), and the
32 Board can amend the text to delete the word "quarterly", and have public hearings held at any
33 regular Board meeting. He said this would allow items to be spread out over several regular
34 meetings. He said this change could be made this year.
35 Commissioner Marcoplos said this is a great suggestion for the QPH. He said he would
36 support staff evaluations being at the beginning of a meeting, and he would like to keep the
37 Legislative Breakfast meeting on the meeting calendar. He said he hates to put a cap on the
38 one interaction a year that the BOCC has with the Towns.
39 Commissioner Marcoplos said he would like work sessions to be stand alone meetings.
40 He said discipline sounds like a code word, and he wonders who would meter out the discipline.
41 He thinks self-discipline is a good idea.
42 Commissioner Jacobs said he has served on this board for many years, and has never
43 heard complaint that the BOCC micromanages. He said he does not want to be hurried
44 through meetings.
45 Commissioner Jacobs suggested moving the Manager's annual review ahead of the
46 Clerk and Attorney, in order to get any input from the Manager.
47 Commissioner Jacobs said he hopes that the Planning Board will be clearly informed
48 about what the BOCC is considering, and if there were public hearing items at a regular
49 meeting.
5
1 Commissioner Jacobs said he had mixed feelings on the Town meetings because
2 elected officials need to maintain relationships.
3 Commissioner Jacobs said he regretted that the Town of Mebane was allowed to cancel
4 the September 14th meeting. He said Steve Brantley told him that Mebane is shifting all its
5 residential development to Orange County and all its commercial development to Alamance
6 County. He said he does not like this, and he wants to be able to tell the Town as much.
7 Commissioner Price said the more development there is, the more the Board needs to
8 meet with the Towns. She also agreed with Commissioner McKee about the Fire Departments.
9 Commissioner Price said the comment about meeting with the legislative delegation
10 without cameras present seems irrelevant, as the breakfast is an open meeting, and the public
11 is welcome to attend.
12 Commissioner Marcoplos said the fewer meetings that occur, the greater the chance for
13 longer meetings.
14 Commissioner McKee said the entire Board knew the expectations when running for
15 public office, and should acknowledge that responsibility. He said the Board all spent a lot of
16 time begging for votes, and it is not acceptable to complain about spending time now. He said
17 he appreciates Chair Dorosin's intent, but sometimes the meetings just have to be frequent and
18 long.
19 Chair Dorosin said there seems to be consensus on amending the UDO to include
20 QPHs into regular meetings. He directed staff to make these changes and return to the Board.
21 Chair Dorosin said the decision about the Legislative Breakfast is still open. He said it
22 would allow for greater transparency to have this meeting at a time when more of the public can
23 attend. He said he would be happy to seek input from the legislators.
24 Chair Dorosin said the idea of automatic adjournment sounds appealing, but sometimes
25 extending the meeting in order to complete an item is appropriate. He said he does not think
26 the Board needs to meet 49 times to efficiently run the County, and more items can be moved
27 to the consent agenda.
28 Chair Dorosin agreed with having staff evaluations before a work session or meeting.
29 Chair Dorosin said the best element of the meetings with the Towns is the back and
30 forth dialogue, not just getting a report or update. He said he would like to facilitate such
31 dialogue.
32 Chair Dorosin said if the Board feels he is rushing at meetings, to please let him know.
33 Chair Dorosin said meetings are a tremendous strain on staff, and he agreed with the
34 suggestion of moving the Manager's evaluation prior to the Clerk and Attorney's evaluations.
35 Commissioner Jacobs said in reference to the Consent Agenda, the public does not
36 always know what is going on with items that are placed on that agenda. He said this is an
37 invisible part of government, and that needs to be fixed, despite the fact that most items on the
38 consent agenda are very routine things.
39 Commissioner Jacobs said if the BOCC does not plan to follow the 10:30 p.m. rule of
40 stopping a meeting at that time to ask the full Board if they want to continue or adjourn the
41 meeting, then this rule should be removed from the rules of procedure.
42 Commissioner Jacobs said he would like time to think about all of the comments made
43 tonight, before making any decisions.
44 Commissioner Marcoplos said he supports keeping meetings with the Towns and work
45 sessions as separate meetings in order to have the highest quality meetings.
46 Commissioner McKee referred to the meeting with Towns, and said he gets more
47 information from watching the body language of all attendees.
48 Chair Dorosin said there should be more agenda details when meeting with the Towns.
6
1 Chair Dorosin said to move forward with removing the four QPH meetings from the draft
2 2018 calendar; he will follow up with the legislators regarding the breakfast; and the Board can
3 think some more about the "proposed" changes.
4 Commissioner Rich said there are seven items on the November QPH, and the flood
5 insurance item needs to be moved into a regular meeting, as it must be voted on prior to
6 November 20th. She asked if there is any procedure that needs to be followed to move this into
7 the November 14th meeting.
8 John Roberts said this item needs to be at a QPH because of the language of the UDO.
9 He said the QPH could be moved up a week to November 13th, or move the QPH to the 14th;
10 open the public hearing; handle that issue only; and continue the rest of the public hearing until
11 November 20th
12 John Roberts said at least one member of the Planning staff preferred handling
13 everything on November 13th, but the other option is available. He said the Planning
14 Department does need to know the Board's pleasure so that appropriate notice can be given.
15 Commissioner Price said Hurricane Irma may be in the area as early as Monday,
16 September 11th, and asked if it is wise to have a meeting on that Monday.
17 Chair Dorosin said that decision can be made closer to the time.
18
19 2. Board of Commissioners - Boards and Commissions Discussion
20
21 Discussion Points for BOCC
22 1. Statutory Boards- By-laws vs state statutes:
23
24 Chair Dorosin requested at the February 21, 2017 meeting that information be provided about
25 internal bylaws vs. state statutes in reference to statutory boards:
26
27 By Laws/NCGS for Statutory Boards:
28 Board of Health- Under NCGS- 130A-35 but also has their own internal bylaws.
29 DSS-only under-GS§ 108A-1 —there are no internal by laws.
30 ABC Board operates under the General Statues as a political sub-division of the state. No
31 internal bylaws
32 General Statutes are below:
33 http://www.nc/eq.net/gascripts/statutes/statute/ookup.p/?statute=18B
34
35 E&R Board—There are no internal bylaws for the Board of Equalization and Review. The
36 primary statute that governs the Board is G.S. 105-322.
37 BOA- Under -NCGS 153A-345.1 And 160A-388 and also has internal Rules of Procedure
38 (revised 2015).
39
40 Chair Dorosin said he had requested this information, which indicates the statutory
41 board that has their own bylaws versus state statutes that govern their work. He said this
42 request was made in response to the Board of Health issues that arose earlier in the year.
43 Chair Dorosin asked if the Board of County Commissioners can approve bylaws, or
44 require that bylaws be approved by the BOCC.
45 John Roberts said it depends on the board, and for the Department of Health and the
46 Department of Social Services, he would say no. He said the BOCC does approve the
47 operating procedures for the Board of Adjustment.
48 Chair Dorosin suggested that the Attorney review and summarize anything of note within
49 the Board of Health by laws.
7
1 Commissioner Jacobs said he would like to review the Board of Health bylaws, and
2 amend the rule about previous employees not being able to serve on the Board of Health
3 (BOH), especially if the employee served under a different director.
4 Chair Dorosin clarified that the BOCC can only make requests of the BOH, and cannot
5 make any requirements.
6 John Roberts said that is correct. He said he reviewed the bylaws of several Boards of
7 Health, and they generally follow the School of Government recommendations, which does not
8 include the previous employee stipulation. He said he spoke with the a professor at the School
9 of Government, who recommended that the Attorney speak to the BOH asking them to specify
10 that this is not mandatory as applies to Commissioner appointments. He said he did so, but
11 does not know if the BOH followed through.
12 Commissioner Jacobs said the BOCC has a representative on the Board of Health who
13 can follow up on this issue.
14 Chair Dorosin asked John Roberts if he would review the bylaws of the Department of
15 Social Services (DSS) and the BOH, and report back to the Board.
16
17
18 2. Partial Terms
19
20 Attachment 2-Advisory Board Eligibility- for Partial Terms
21
22 Chair Dorosin said Attachment B in their agenda abstract shows a flow chart of the
23 appointment process that the Clerk's office uses and Attachment C explains how terms are set.
24 He said the policy currently states that one can serve two 3-year terms. He suggested that
25 appointments to partial terms should not count towards that allowance.
26 Thom Freeman said anything less than two years is considered partial service, and if
27 one serves two years or more, it counts as the first of the allowable two 3-year terms. He said
28 this is written in the policy.
29 Commissioner Jacobs said he had a concern with the Board of Health since it decided
30 to follow state statute and go from two 3-year terms to three 3-year terms. He would like to see
31 consistency, unless the Board of Health (BOH) comes to the BOCC to ask for an exception.
32 Commissioner Burroughs said the Board of Health made this change somewhat
33 recently. She said three terms is consistent with other BOHs around the state.
34 Commissioner Price said she thought there were a few other boards that are not aligned
35 with the County policy.
36 Thom Freeman said the Adult Care Home Advisory Committee has three two-year terms
37 and others have two three year terms.
38
39 John Roberts said there are some state boards that set the term limits, and other
40 advisory boards set their own policy that may differ from the main policy.
41 Chair Dorosin said the purpose of the discussion was to try and bring some consistency.
42 He said two 3-year terms, or three 2-year terms both equal 6 years, but the boards that fall
43 under BOCC domain should have some consistency. He asked if staff would provide a list of all
44 current term policies for all boards.
45 Commissioner Burroughs asked if there is a reason that consistency is needed.
46 Chair Dorosin asked if there is any merit in having shorter or longer terms. He asked if
47 the goal is consistency so that people can get up to speed on the board on which they serve, or
48 is the goal turnover. He said he would favor two 2-year terms.
49 David Hunt said some boards have training requirements that must be met prior to being
50 able to serve on the board.
8
1 Thom Freeman said the Adult Care and Nursing Home Care boards have a training
2 period that must be completed prior to being recommended for appointment to the board. He
3 said the state made this change recently. He said the training period does not count towards
4 the term.
5 Commissioner Marcoplos said if changes were made to 2-year or 3-year terms, then a
6 change would need to be made to the 2-year minimum as well.
7 Chair Dorosin said the BOCC needs to decide if consistency is desired, and, if so, what
8 that consistency should be.
9 Commissioner McKee cautioned against terms that are too short due to the steep
10 learning curve that comes with some boards.
11 Thom Freeman said the majority of the advisory boards have two 3-year terms for
12 appointees.
13
14 3. HRC Request to review verbiage on Advisory Board application:
15 The HRC requested that the word "Caucasian"be replaced with "White"
16
17 Commissioner McKee asked if there is a reason for this request from the HRC.
18 Thom Freeman said that the HRC felt the term "Caucasian" was outdated.
19 The Board agreed by consensus to change to the term "white".
20 Chair Dorosin said to not capitalize the word "white".
21
22 4. For the Board to consider and discuss Commissioner Price's concern brought up
23 at the May 16th meeting about not having more minority representation on the
24 boards and commissions and how to develop a strategy to address this issue.
25
26 Excerpt from May 16th APPROVED Minutes below in reference to the discussion about
27 appointments to the Chapel Hill Orange County Visitors Bureau:
28
29 Commissioner Marcoplos asked if the other elected boards appoint their representatives
30 to the Visitors Bureau.
31 Commissioner Rich said no, the other elected boards recommend a name, but the final
32 choice is at the discretion of the BOCC.
33 Commissioner Jacobs asked if any other elected boards are asked to contribute money
34 from the taxes being collected for hospitality purposes. He knows this is an ongoing
35 conversation, but wondered if there has been any movement.
36 Bonnie Hammersley said an email was sent to the Managers of the non-contributing
37 municipalities, and the response indicated a willingness to talk about it. She said conversations
38 are happening, but nothing has come to fruition yet.
39 Chair Dorosin asked if it would be worthwhile for him to reach out to the Mayors of
40 Hillsborough and Carrboro.
41 Bonnie Hammersley said yes.
42 Commissioner Price said the board of the Visitors Bureau fails to represent the
43 multicultural population of Orange County.
44 Commissioner Rich said diversity goes in and out on this board.
45 Commissioner Price said diversity needs to be maintained.
46 Commissioner Rich said this is a well taken point, but there is not always diversity
47 among those willing to serve.
48 Chair Dorosin said there is an upcoming work session where boards will be discussed.
49 Chair Dorosin said diversity and seniors
50
9
1 Discussion on this item was integrated with the item below:
2
3 Attachment 3 —Orange County Demographic Report-Another Aspect of Equity:
4 Composition of Our Town and County Advisory Boards
5
6 Chair Dorosin said Attachment 3 is a report from Allison DeMarco, FPG Child
7 Development Institute, that was sent to the County and the Towns.
8 Commissioner Price said when people of different cultural backgrounds apply they are
9 often overlooked in favor of applicants that have personal connections to the BOCC. She said
10 diversity must include the willingness to have people who think differently than the BOCC, even
11 if it means disagreeing.
12 Commissioner Marcoplos said more applicants are needed in general.
13 Commissioner Jacobs said just because an applicant has certain characteristics does
14 not mean they are qualified. He said he reviews many variables when considering applicants.
15 He said the review in Attachment 3 shows the BOCC does a fairly good job representing the
16 population. He said the BOCC tries to diversify whenever possible.
17 Commissioner Rich said she will sometimes call applicants and ask why the applicant
18 wants to be on the board. She said if the applications are not put forth it is difficult to facilitate
19 diversity. She said she does not know the solution.
20 Commissioner Jacobs said the pool of candidates is small. He said the Clerk's office
21 does a lot to advertise, but maybe there are more creative ways. He said Twitter may be a
22 good resource.
23 Chair Dorosin said the BOCC gets recommendations from some of the boards, and
24 wonders if the board chairs have been told of the BOCC's commitment to diversity and
25 inclusion.
26 Commissioner McKee said he and Commissioner Jacobs met with the board chairs
27 three or four years ago, and highlighted that topic.
28 Commissioner Burroughs said those conversations cannot happen often enough.
29 Thom Freeman asked if it would be helpful to notify the BOCC when an opening is
30 available.
31 Chair Dorosin said the Board members are trying to drum up applicants any time they
32 can. He said he shares the PSAs with his university students.
33 Commissioner Marcoplos said he tries to spread the word often as well, and there is no
34 magic bullet to improve the diversity. He said the need must be repeatedly put forth to the
35 public.
36 Commissioner Jacobs said for a few years the Chair/Vice Chair, the Manager and the
37 Clerk met annually with the advisory board chairs, which was useful.
38 Commissioner Jacobs said the Master Aging Plan included a request for seniors to be
39 more present on advisory boards.
40 John Roberts said the applications are public records, and birthdays are confidential
41 information. He said it may be appropriate to ask someone's age for a youth/senior designated
42 position.
43 Chair Dorosin said existing boards could be surveyed to assess current age diversity,
44 but having birthdates/age on the application is likely problematic.
45 Commissioner Price said it is important to let people know that all meetings are open to
46 the public.
47 Thom Freeman said he receives a lot of phone calls about the boards, and he suggests
48 that all potential applicants read about each board and attend meetings.
10
1 Chair Dorosin said to talk with Todd McKee, Public Information Officer, about visiting
2 board meetings. He said there are County departments that have more contact with diverse
3 communities, and perhaps these departments can help spread the word.
4 Bonnie Hammersley said staff can work with department directors. She said another
5 option is a citizen's academy, where local government is explained in detail to educate the
6 public.
7 Commissioner Jacobs said Project Engage is a resource for seniors.
8
9 5. For the Board to consider and discuss Commissioner Jacobs'suggestion at the
10 May 16th meeting of how to engage more seniors in community activities, such as
11 BOCC meetings and to consider day meeting(s)
12
13 Excerpt from the APPROVED May 2 BOCC Minutes (Acceptance of the 2017-22 Orange
14 County Master Aging Plan)
15
16 Commissioner Jacobs referred to the suggestion of involving more seniors on County
17 advisory boards, and asked if this topic could be added to a work session in September. He
18 said perhaps a statement could be added to the applications to encourage seniors to apply.
19 Commissioner Jacobs said it would be easier to garner more civic engagement by
20 having meetings during the day for seniors, but it is hard for many elected officials that work
21 during the day to attend meetings. He said the BOCC may need to try harder to address this,
22 and maybe there is a different time of day that would get more seniors to attend a BOCC
23 meeting.
24
25 This item was addressed in the discussion of Item 4.
26
27
28 6. For the Board to consider and discuss Commissioner Price's request to have the
29 BOCC Advisory Board chairs submit reports/updates/concerns to the BOCC via
30 agendas.
31
32
33 Commissioner Price said she was just reporting back to the BOCC what she heard in an
34 advisory board.
35 Thom Freeman said in the spring, the BOCC invites the advisory boards to a BOCC
36 meeting to provide information on their annual reports.
37 Chair Dorosin said to stress the Board's priority of inclusion when interacting with any
38 board.
39 Commissioner Rich said there is a hand out at their places from Marabeth Carr in
40 reference to the Intergovernmental Parks Work Group.
41
42 A motion was made by Commissioner Rich seconded by Commissioner Burroughs to
43 remove the Chapel Hill Greenways Commission representative and add a representative from
44 the Advisory Board on Aging to the Intergovernmental Parks Work Group.
45
46 VOTE: UNANIMOUS
47
48 Commissioner Rich said when the BOCC chooses the boards on which they would
49 serve on for the following year, it has been suggested that Commissioners not remain on
11
1 boards for a long period of time. She asked if this would be a good time to have further
2 discussion. She said it was discussed in the spring, but no changes made.
3 Chair Dorosin said he will need to see minutes from the previous meeting.
4 Commissioner Marcoplos referred to positions on advisory boards that are vacant for
5 more than six months, and where no one meets the requirement, and asked if this would be
6 discussed further.
7 Chair Dorosin said any position that is not filled after six months can be filled by any
8 appointment of the BOCC.
9 Commissioner McKee referred to the earlier discussion of the BOCC calendar, and said
10 this evening's meeting should be taken as an example of an effective meeting. He said he
11 wonders if it would have been as effective a meeting if there had been another meeting at the
12 beginning, such as a meeting with a town. He said the quality of the product cannot suffer.
13 Chair Dorosin said there was an hour long closed session prior to this meeting.
14
15 A motion was made by Commissioner Jacobs, seconded by Commissioner McKee to
16 adjourn the meeting at 9:58 p.m.
17
18 VOTE: UNANIMOUS
19
20 Mark Dorosin, Chair
21
22
23 Donna Baker
24 Clerk to the Board
25
26
27
28
29
1
1 Attachment 3
2
3 DRAFT MINUTES
4 ORANGE COUNTY BOARD OF COMMISSIONERS
5 QUARTERLY PUBLIC HEARING
6 SEPTEMBER 11, 2017
7 7:00 P.M.
8
9 The Orange County Board of Commissioners met for a Quarterly Public Hearing on Monday,
10 September 11, 2017 at 7:00 p.m. at the Whitted Building in Hillsborough, N.C.
11
12 COUNTY COMMISSIONERS PRESENT: Chair Mark Dorosin and Commissioners Mia
13 Burroughs, Barry Jacobs, Mark Marcoplos, Earl McKee, Renee Price and Penny Rich
14 COUNTY COMMISSIONERS ABSENT:
15 COUNTY ATTORNEY PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley Deputy 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 Dorosin called the meeting to order at 7:03 p.m. He asked if there could be a
21 moment of silence in honor of the 16th anniversary of the September 11th attacks.
22
23 1. Quarterly Public Hearings
24 No Quarterly Public Hearing Items
25
26 2. Agritourism Information Item
27
28 a. County staff will present information on County authority and limitations
29 regarding the regulation of agritourism activities.
30
31 Representative Graig Meyer said the Board of County Commissioners (BOCC) has
32 responsibility for land use planning in Orange County, and the State's agritourism law has put
33 limitations on that which the County can do.
34 Representative Graig Meyer said powerful interests in the State created agritourism,
35 and it was done in order to use North Carolina's agricultural roots for tourism purposes. He
36 said the original legislation was created to be as broad as possible, because the agricultural
37 lobbyists wanted it to be for as many uses as possible. He said no one is seeking to withhold
38 opportunities from these bona fide farms.
39 Representative Graig Meyer said the rub has come from ex-urban communities, like in
40 Orange County, who service people that come to rural areas for tourism activities such as
41 weddings. He said there are other cities in the State that have the same issue.
42 Representative Graig Meyer said the concerns being voiced in Orange County are not
43 being heard in places like Duplin County, and he said those with the most powerful ties to
44 agritourism do not govern communities that are having problems with policies.
45 Representative Graig Meyer said there has been a mild narrowing of the qualification
46 standards for who gets to be an agritourism facility, but this is not enough to prevent the
47 intrusive activities such as those occurring in Orange County. He said an official study
48 committee has been asked to look at agritourism to determine if the policy needs changing in
49 next year's legislative session.
2
1 Representative Graig Meyer said this year's farm bill, Senate Bill 615, called for this
2 issue to be taken up, and he has asked to be informed when this commission will be meeting,
3 etc.
4 Representative Graig Meyer said commissions typically come back with
5 recommendations, and if the study committee votes to approve those recommendations, they
6 will become part of some bill for the next year's legislative process. He said if this can happen,
7 there is a good chance of finding a fix.
8 Representative Graig Meyer said the challenge will be to write the appropriate statutory
9 language to enable the narrowing of the definition of who is eligible for agritourism businesses,
10 without infringing on those who have valid eligibility to use their property and livelihood in this
11 way.
12 Representative Graig Meyer said one other issue is the significant concerns expressed
13 by the State's Fire Marshals with these agritourism places being accountable to the fire code.
14 He said Fire Marshals want locations to be subject to the assembly occupancy code, which
15 requires emergency exits, sprinklers, etc.
16 Commissioner Jacobs asked if the study commission is made up of only legislators.
17 Graig Meyer said no, it would be made up, in equal parts, of legislators and those
18 nominated by the legislature, mostly working in farming and forestry.
19 John Roberts made the following PowerPoint presentation:
20
21 Orange County Government
22 Agritourism
23 Board of County Commissioners
24 September 11, 2017
25
26 Introduction
27 • Although not a traditional public hearing this meeting is presented as a forum for
28 soliciting public input, improving communications, and developing some shared
29 understanding about County policies and their limitations
30 • There will be no presentation on any specific situation
31
32 Agritourism Defined
33 • Agritourism is defined as "any activity carried out on a farm or ranch that allows
34 members of the general public, for recreational, entertainment, or educational purposes,
35 to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-
36 your-own activities, or natural activities and attractions."
37
38 Department of Agriculture
39 • Barnyard Animals, Fiber Animals, Farm Riding Trails, Walking Trails
40 • Camping, Bird Watching, Fishing, Hunting
41 • Farm Bed & Breakfasts, Country Cabins, Retreats, Parties, Weddings, Honeymoons
42 • Hay Rides, Mazes, Pumpkin Patches, Quilt Barns, Farm Craft Events
43 • Historic Farms, Reunions, Museums, Holiday Farms, Christmas Trees
44 • Pick Your Own Farms, Farm Roadside Stands, Nurseries, Flowers, Picnics
45 • School Field Trips, Summer Camps, Farm Vacations
46 • Slow Food, Dining, Vineyards, Wineries
47
48 Legal Issues
49 • NC General Statute 153A-340 prohibits local governments from applying zoning
50 regulations to bona fide farms and bona fide farm purposes including agriculture
3
1 • NC Session Law 2017-108 clarified what constitutes a bona fide farm
2 • General Statute 106-581.1 includes agritourism within the definition of agriculture
3 • NC Session Law 2017-108—Bona fide farm status may be proved by the production of
4 o A farm sales tax exemption certificate issued by the Department of Revenue.
5 o A copy of the property tax listing showing that the property is eligible for
6 participation in the present use value program pursuant to G.S. 105-277.3.
7 o A copy of the farm owner's or operator's Schedule F from the owner's or
8 operator's most recent federal income tax return.
9 o A forest management plan.
10 • By statute, production of any of these items is sufficient evidence to prove a property is
11 used for farm purposes. However, a property owner may also produce evidence outside
12 statutory requirements to demonstrate farm purposes.
13
14 • LeByrd v Franklin County, 765 S.E.2d 805 (2014) "Zoning regulations are in derogation
15 of common law rights and they cannot be construed to include or exclude by implication
16 that which is not clearly [within] their express terms. It has been held that well-founded
17 doubts as to the meaning of obscure provisions of a Zoning Ordinance should be
18 resolved in favor of the free use of property."
19 • Penalties for application of zoning ordinances against exempt property
20 • Court Costs
21 • Award of Attorneys fees. NCGS 6-21.7. (From the School of Government)
22 o If a court finds that a city or county has acted outside the scope of its authority
23 but did not abuse its discretion, the award of attorneys' fees and costs is up to
24 the discretion of the trial judge.
25 o A mandatory award is triggered only if the trial court makes a separate finding of
26 abuse of discretion.
27 o A finding of abuse of discretion appears to involve consideration of whether the
28 city or county made a reasoned decision, factoring in how the decision was
29 made and the circumstances surrounding it. But it cannot be based solely on the
30 fact that the unlawful action was taken.
31 • Damages- In addition to the potential responsibility for attorneys' fees and court costs
32 there is the possibility of responsibility for other penalties such as money damages for
33 lost income and business opportunities. Sovereign immunity may apply.
34
35 Legal Issues Conclusion
36 • For the past 5-6 years the legislature has repeatedly expanded the breadth of the
37 agritourism exemption from local zoning authority
38 • The Courts also view zoning authority to be subservient to the free use of property
39 • There are serious penalties to local governments for exceeding the scope of their
40 authority
41 • Local governments must exercise great care in balancing the rights of property owners
42 and the rights of neighboring property owners while acknowledging state law favors the
43 free use of property
44
45 Commissioner Marcoplos asked if there is a specific process for the present use value
46 program.
47 John Roberts said there is a statutory list of the exact means of qualification.
48 Commissioner Price asked if John Roberts could identify from where the list of items on
49 the Department of Agriculture slide came.
4
1 John Roberts said those items are listed on the Department of Agriculture's website as
2 agritourism activities.
3 Commissioner Price asked if these uses are defined in the law.
4 John Roberts said the law is very broad, and does not list any specific uses. He said the
5 list from the website are examples of what that broad language can include.
6 Craig Benedict, Planning Director, referred to a slide and said these items are not
7 subject to zoning, and the majority of their topic tonight does not fall under zoning, though some
8 events may. He said the definition has broadened as related to agritourism, and he said this is
9 to allow more agritourism activities, but the line is still blurred.
10 Craig Benedict said there are some items that are subject to zoning.
11 Craig Benedict said rural special events with less than 20 people are an unregulated
12 activity. He said there is no specific prohibition in the code for activities of less than 20 people,
13 and therefore, it is an acceptable use.
14 Craig Benedict said rural special events are for activities on bona fide farms with more
15 than 20 and less than 150 people, with less than or equal to 12 events per year. He said
16 changes in the law made pre-empt rural special events, but the County has had this in place for
17 the last 20 years.
18 Craig Benedict said residents submit applications for rural special events, and must
19 meet the criteria for a bona fide farm, as stated by the State statutes. He said the County asks
20 for a description of the event, the timing, attendance, parking, etc. He said events are allowed
21 in different zoning districts: agricultural/residential; rural buffer; agricultural service areas. He
22 said these events can go beyond these areas and beyond 150 people if one of the following is
23 applied for: an agricultural service enterprise rezoning; or master plan development conditional
24 zoning. He said these types of zoning go before the Planning Board and the BOCC.
25 Craig Benedict said there are time frames that can be set during rural special events.
26 He said if there are any building permit, fire marshal or food vending permits that are
27 necessary, these will be noted in the existing zoning regulations. He said some rules from the
28 last legislation state that the building and fire departments may have some of their powers
29 withdrawn from these agritourism activities. He said the way these rules may affect County-
30 zoning regulations is being investigated.
31 Craig Benedict said 15-20 years ago, the farm code was available for farmers and farm
32 hands, and when the public entered the site, it fell into the public realm and regulations that had
33 to do with building code, fire marshal, etc. He said this has changed, and much of this is now
34 exempt.
35 Craig Benedict said when there are rural special events, staff does monitor them, and
36 staff is also available to hear of any concerns from neighbors. He said there are processes in
37 place to better define the blurred line between those subject to zoning and those not.
38 Chair Dorosin clarified that the rural special event block on the chart only applies if the
39 property in question is not in the top block on the slide.
40 Craig Benedict said yes. He said many more items are falling into the top block than did
41 just six months ago.
42 Chair Dorosin said the BOCC is here to listen to the community this evening. He said
43 the BOCC wants to gain a better understanding of how to create balance between economic
44 opportunities for farmers, and protecting surrounding areas from the secondary impacts of
45 these uses. He said the goal of this evening is to gather information from the staff and the
46 public, refer questions to staff, and provide answers at a later date. He said all comments and
47 concerns are welcomed and valuable.
48
49 b. Public Comment- The Board of Commissioners will seek public input on how, within the
50 confines of its legislative authority, it may best achieve a balance between expanding
5
1 economic opportunities for farmers and protecting surrounding areas from the
2 secondary impacts of more commercialized land uses.
3
4 PUBLIC COMMENT:
5 Leslie Weidner is a realtor and resident in Orange County. She read the following
6 comments:
7 Chairman Dorosin and County Commissioners:
8 I've prepared notes to provide brevity to my comments. If I fail to make myself clear, please
9 interrupt me.
10
11 I have tried to read and understand both GS 105-277.3 and Session Law 2017-108 but as a
12 layman I did have difficulty. I used to think I knew what a farm was.
13
14 At this point I'm not sure. But I do think I know what a farm is not. It is not a wedding venue
15 dressed up as a far,
16
17 I enthusiastically support what the State is attempting to do with Agritourism. Helping the
18 farmers with additional income that will enable the farm to work economically is an honorable
19 goal.
20
21 However, I'm hopeful that the law and this committee might help protect us from the bad
22 guys...those who only wish to circumvent zoning and other regulations under the
23 auspices..."this is a farm...you must keep your hands off or we will sue."
24
25 The Board's mission is to serve the residents of Orange County. As a resident, I'm asking for
26 your help to insist that sgritourism is not used as the tool to disrupt my life, and the lifestyle I
27 expected when I moved to Orange County, found my dream house in a peaceful and rural
28 community away from commercial interests.
29
30 A piece of property, not a producing farm, developed with the sole purpose as a wedding venue
31 with parking, bands, and all else that goes on with 200 people partying is not a farm. A sales
32 tax exemption or present use value program does not define a farm in my mind. A farm must
33 produce something, or be the farm-home for someone before agritourism became the cart
34 before the horse. A wedding venue is not a farm...it is a business, and should be subject to
35 business rules, or to business or special use zoning.
36
37 Thank you,
38 Leslie Weidner
39
40 Sandra Beeman said the rural special event permit is a tool for those to hold events that
41 do not fall under the agritourism law, and she thinks the community needs clarification on the
42 definition of a rural special event. She said there could be better communication between the
43 Planning Department and the community about rural special events, the application process,
44 etc. She said the community should be informed of upcoming events of 150 people or more.
45 She said there is some confusion about how many events can be held per year, and what type
46 of events count towards the allotted 12 per year. She asked if the Planning Department
47 monitor these events, and when boundaries are violated.
48 Laura Streitfeld said she is here on behalf of Preserve Rural Orange (PRO), and
49 thanked Representative Meyer for his efforts on this issue. She also thanked the Planning
6
1 Department for its help on this issue. She said PRO strongly supports farmers and farms, but
2 has serious concerns about this issue. She read the following requests being made by PRO:
3
4 Preserve Rural Orange and Community Members' Request to the Orange County Board
5 of County Commissioners
6 Quarterly Public Hearing
7 September 11, 2017
8 1. Arrange a meeting for rural residents with the Planning Director and staff to discuss
9 specific concerns regarding permits, reported events and incidents, violations,
10 investigations and enforcement. Community members have requested this meeting for
11 four months.
12 2. Post public documents proactively on the Planning Department's Current Interest
13 Projects web page, including permit-related documents and Board of Adjustment
14 hearing documents, decisions, orders and findings of fact.
15 3. Clarify Rural Special Events in the UDO to exclude weddings, and: require specific
16 advance notice of exact dates and times of rural special events; post permits and
17 related documents on Planning web page; and notify neighbors within a two-mile radius
18 of property.
19 4. Appoint an independent counsel to prevent dual roles by legal staff, and appoint
20 independent staff to coordinate Board of Adjustment communications, to prevent dual
21 roles.
22
23 Rhett Macomson said he lives in southwest Orange County, and he said a true use of
24 agritourism is Maple View Farms, or pumpkin patches and corn mazes. He said the community
25 is facing a situation of people purchasing property that has a farm id number, and then claiming
26 exemptions like legitimate agritourism, like Maple View Farms, but use the land to hold
27 business events such as weddings, conferences, etc. He asked that the BOCC consider the
28 intent of the State law, and he does not believe that the intent of the law is for people to come in
29 and find loop holes to exploit the law.
30 Bryna Rapp said she is an architect and has lived in rural Orange County for 27 years,
31 about a mile from The Barn in Chapel Hill. She said, in an effort to assist farmers in
32 supplementing their income, the County and State have relaxed building regulations and
33 enforcements while creating attractive opportunities for developers to build and renovate large
34 structures for use as lucrative wedding venues, without having to meet basic life safety
35 standards. She said in the case of The Barn of Chapel Hill, the County allowed commercial
36 development on an undeveloped piece of property without a special use permit. She said
37 County officials exempted this facility from NC Building Codes for Assembly Occupancies by
38 allowing it to be classified as a utility building. She said the original floor plans clearly indicated
39 that the developer intends to use this barn primarily as a wedding venue for up to 250 guests,
40 but is exempt from typical code requirements for such assembly occupancy, such as overhead
41 sprinklers, emergency egress, etc. She said these codes being met keep people safe in the
42 event of an emergency, and by bypassing these regulations, the County is putting guests at
43 risk. She said she does not understand why the County does not require codes and
44 inspections for a venue with hundreds of people. She said this leniency would never be allowed
45 in the Town of Chapel Hill or Carrboro.
46 Greg Rapp said the role of enforcement regarding the zoning regulations is baffling to
47 him. He said The Barn has had numerous events with too many people, and concerns of the
48 neighbors being brought to Orange County staff seems to have resulted in little to no change.
49 Amanda Ekholm read the following comments to the BOCC:
50
7
1 My family is one of the closest houses to The Barn of Chapel Hill. We are heavily impacted by
2 sound from the late night events. We have reported noise disturbances multiple times to the
3 Sheriff's office. Often, the police go to the event center first, ask them to turn down the music,
4 and then come to our house and measure sound. Many times it is long after we have called.
5
6 Last night, Sunday 9/10, the police were called as music blared across the street to our house.
7 We heard every word to songs like "Friends in Low Places" by Garth Brooks and the YMCA as
8 my children were being tucked into bed. When police arrived, there was no sound recording
9 taken at all, even though the yelling continued past 9:00 p.m. Lights were still on and talking
10 was heard until almost 10:00 p.m.
11
12 What we are finding is a pattern of loud, disturbing noise blaring at our house during these
13 events, but no plan for police to track this pattern. There are isolated reports filed, but no
14 cumulative way that they are collecting information, so this pattern can be tracked and handled
15 more efficiently. We are left with the task of calling, reporting, but nothing carries over to the
16 next offense. There is no consistent way of measuring noise, and then connecting that
17 disturbance to following disturbances.
18
19 We would like to request that a procedure is put in place to handle this noise impact in a more
20 consistent and helpful way. When we call the police, we would like them to bring a modern
21 sound recording device to measure sound before asking them to turn down the music so real
22 impact to our family and surrounding neighbors can be documented. We would like to request
23 that the procedure allows police to collect and document a pattern of numerous disturbances so
24 that further action can be taken. We would like to request that there is action taken against the
25 party barn when families are negatively impacted in this way weekend after weekend. Right
26 now it is poorly documented and without consequence to the party barn. The consequence is
27 our families, our neighbors, and ours. We are up late, bothered at home with loud noise, and
28 talking to police weekend after weekend. We feel this can be handled more fairly and
29 effectively.
30
31 Tom Schopler said he is a resident of southwestern Orange County, and said the Board
32 needs to look at commercial entities coming in and using the agritourism loophole to further
33 their business. He said he would like to know how the permits are regulated and monitored.
34 He said the Board of County Commissioners should remove weddings from the definition of
35 rural special events, which may address a lot of the issues concerning the community.
36
37 Richard Lawrence thanked the BOCC for listening, and asked the BOCC to consider
38 how other counties handle these issues. He reviewed the following information:
39
40 Subject: Ongoing Party Farm Problem
41
42 Dear County Commissioners and Others,
43
44 This letter is a follow-up to one sent in September of 2016. The subject of these letters is 1870
45 Farm, a party "farm" located in a residential neighborhood and adjacent to our property at 1212
46 Old Lystra Road, Chapel Hill (partially located in the Chapel Hill ETJ). 1870 Farm offers
47 revenue-producing activities to the public at the expense of its neighbors and, according to a
48 local realtor, to the detriment of neighbor's property values and sell-ability of homes.
49
8
1 The 1870 Farm owner has made no attempt to farm his land but does continue to aggressively
2 promote and produce income by hosting parties of all sorts plus children's camps, a daycare
3 business, "school's out" childcare, "farm" tours, gem mining (!), and more. Party tents and a
4 party barn are located approximately 150 yards from our living room where the sounds of
5 partying crowds, amplified music, and fireworks/cannon explosions disturb our peaceful
6 lifestyle. The noise of party set-up, disc jockey voices, booming bass, and screaming
7 partygoers cannot be escaped from our home. On any given day, we have no choice but to
8 listen to gleeful screaming produced by the different groups that are hosted at the "farm". When
9 sitting on our deck it sounds much like we are living in the middle of a public park. And, it is not
10 unusual for visitors to drive or walk onto our property during parties and other gatherings.
11 Unfortunately, the Orange County Noise Ordinance is not meant to regulate the type of ongoing
12 and erratic noises that we endure even though we have tried to get some help by that route.
13
14 We are quiet folks who are committed to being courteous neighbors. My husband and I implore
15 our County Commissioners and Planning/Zoning staff to support us, and others whose lifestyles
16 and investments are threatened by Party Barns, by enforcing zoning and environmental
17 ordinances for non-farm property uses. Farm numbers were meant to help real farmers not
18 businesses such as 1870 "Farm" which operate in neighborhoods where peace, quiet, and
19 property values are being compromised.
20
21 We request that you respond and let us know what options are available to our neighbors and
22 to us. It is our hope that County Officials will view the problem of Party Barns impacting the lives
23 of unsuspecting citizens as one that must be resolved in favor of the neighbors. This problem is
24 not going away since farm numbers can be acquired outside of the County governance but, so
25 far, are honored by the County to support fake farms. Please consider inspections of Orange
26 County agri-tourism farms to confirm that the agri-tourism portion is a supplement to actual
27 farming. Then, follow up by shutting down such businesses that do not fit that definition.
28
29 Hopefully,
30 Dianne and Richard Lawrence
31
32 Commissioner McKee said he heard two repeated questions: define what an event is,
33 and what events count toward the allowable 12 events per year for the rural special event
34 designation.
35 Commissioner McKee said he would like to know how the number of people at these
36 events is monitored, and how to make sure that an event is following its application.
37 Chair Dorosin listed the questions to which he would like further information:
38 • Rural special event: what qualifies; what notification is given to neighbors and when;
39 how events are monitored events; the 12 events, and can events be spaced out.
40 • Enforcement and violation consequences
41 • What parameters can they put on the # of people, and what kind of authority do they
42 have to put parameters around events and times.
43 • Noise ordinance- work session on this and get information from Sheriff about this and
44 how they monitored and measured; and practice when complaint is received and
45 cumulative reporting.
46 • Fire Safety- get more information from Fire Marshal
47
48 Commissioner Jacobs asked John Roberts if the Sheriff can require a deputy to attend
49 events of a certain size.
9
1 John Roberts said he does not know of any authority the Sheriff would have to require a
2 deputy to be present, but he would follow up on this question.
3 Commissioner Jacobs said there was a cluster of questions raised about how Orange
4 County government communicates, and the County needs to address these. He suggested
5 that staff does not have enough time, and perhaps this should be addressed during the budget
6 process. He said documents could be put up in a timely manner; have more people monitor
7 events; improve this process to their constituents.
8 Commissioner Jacobs said the question of how the Board of Adjustment is legally
9 represented should be discussed before the winter break.
10 Commissioner Marcoplos said with the issue of communication, the landowner should
11 be required to communicate to the neighborhoods rather than relying solely on the County. He
12 said he doubts the County can remove weddings from the list of permissible events, but would
13 like to learn more about who makes such determinations. He said he would like to know what
14 other states around the country have done successfully regarding this type of legislation.
15 Commissioner Price said she thinks the exclusion of weddings would go against the
16 legislation, but she would like to know what parameters the County may be able to enforce.
17 Commissioner Rich said get examples of how other counties handle these types of
18 venues and issues.
19 Chair Dorosin said there is State component to this, and the community needs to take
20 concerns to Raleigh as well.
21
22 3. Adjournment
23
24 A motion was made by Commissioner Burroughs, seconded by Commissioner Jacobs to
25 adjourn the meeting at 8:21 p.m.
26
27 VOTE: UNANIMOUS
28
29 Mark Dorosin, Chair
30
31
32 Donna Baker
33 Clerk to the Board
34
35
36
37 INTRODUCTION AND MEETING PURPOSE
38 The Board of Commissioners directed staff to conduct this meeting to listen to residents, to
39 learn about concerns, and share some basic information about agritourism, the Orange County
40 Unified Development Ordinance, the statutory limitations on the County's authority, and the
41 Board's polices on agritourism.
42 This meeting is not a hearing on any particular situation, a forum for offering comment and/or
43 updates on pending litigation, nor is this a question and answer session. Rather this meeting is
44 an opportunity to improve communications and develop some shared understandings about
45 County policies and the limitations of those policies.
46
47 AGRITOURISM LEGAL SUMMARY
48 Agritourism is a state and nationally recognized means of providing farmers the opportunity to
49 generate streams of income outside the traditional production of crops or livestock. Many
50 states have laws that authorize agritourism activities in conjunction with or related to traditional
10
1 farming activities. Some states, including North Carolina, authorize agritourism activities
2 without requiring traditional farming activities so long as same are conducted on a parcel or
3 parcels that qualify as a bona fide farm.
4 Some of the many activities recognized by the State of North Carolina as agritourism include
5 but are not limited to:
6 • Barnyard Animals, Fiber Animals, Farm Riding Trails, Walking Trails
7 • Camping, Bird Watching, Fishing, Hunting
8 • Farm Bed & Breakfasts, Country Cabins, Retreats, Parties, Weddings, Honeymoons
9 • Hay Rides, Mazes, Pumpkin Patches, Quilt Barns, Farm Craft Events
10 • Historic Farms, Reunions, Museums, Holiday Farms, Christmas Trees
11 • Pick Your Own Farms, Farm Roadside Stands, Nurseries, Flowers , Picnics
12 • School Field Trips, Summer Camps, Farm Vacations
13 • Slow Food, Dining, Vineyards, Wineries
14 Due to the broad authority for bona fide farms to host agritourism activities it has become
15 increasingly difficult for local governments to distinguish, and thus prohibit, non-agricultural
16 commercial activities from agritourism activities. In fact, local governments are specifically
17 prohibited by Article 18, Chapter 153A of the North Carolina General Statutes from enforcing
18 zoning regulations on properties that qualify as bona fide farms.
19
20 LEGISLATIVE PREEMPTION AND LOCAL RESTRICTIONS
21 Since approximately 2011 the North Carolina legislature has consistently expanded the
22 authority of bona fide farm properties and agricultural operations to engage in activities that,
23 while beneficial to the farm, have either been traditionally located in more urban or suburban
24 environments or typically require a heightened/public review and approval process. The State
25 legislature has even decided to punish local governments that attempt to enforce zoning and
26 development ordinances against uses or activities occurring on bona fide farms by giving courts
27 the authority to require the local governments to pay all the costs and the property owner's
28 attorneys' fees resulting from the enforcement action. This could result in local governments
29 facing hundreds of thousands of dollars in unbudgeted costs for enforcement actions that aren't
30 clearly and specifically supported by law.
31 In recent years North Carolina Courts have followed a similar path that restricts local
32 government authority particularly with regard to property rights. A prime example of this is the
33 case of Byrd v Franklin County, 765 S.E.2d 805 (2014) in which the Court held "Zoning
34 regulations are in derogation of common law rights and they cannot be construed to include or
35 exclude by implication that which is not clearly [within] their express terms. It has been held that
36 well-founded doubts as to the meaning of obscure provisions of a Zoning Ordinance should be
37 resolved in favor of the free use of property."
38 Session Law 2017-108 changed the law related to agritourism and also local authority by
39 adding new language to the laws related to agriculture and amending the definition of
40 agritourism. On a positive note, the law removed language that was most easily subject to
41 abuse, that being that a property with a Federal Farm Identification Number as issued by the
42 US Department of Agriculture automatically qualifies as a bona fide farm.
43
44 The new law exempts from local regulation farm buildings used for agritourism purposes if the
45 operation is on a property that "(i) is owned by a person who holds a qualifying farmer sales tax
46 exemption certificate from the Department of Revenue pursuant to G.S. 105-164.13E(a) or(ii)
47 is enrolled in the present-use value program pursuant to G.S. 105-277.3." This language has
48 the effect of exempting from local regulation large buildings if they are situated on a farm and
49 the owner meets either of these two qualifications.
50
11
1 The new law broadly defines agritourism as follows: "For purposes of this section, "agritourism"
2 means any activity carried out on a farm or ranch that allows members of the general public, for
3 recreational, entertainment, or educational purposes, to view or enjoy rural activities, including
4 farming, ranching, historic, cultural, harvest-your-own activities, or natural activities and
5 attractions." It goes on to define a building used for agritourism activities as "any building or
6 structure used for public or private events, including, but not limited to, weddings, receptions,
7 meetings, demonstrations of farm activities, meals, and other events that are taking place on
8 the farm because of its farm or rural setting."
9
10 UNIFIED DEVELOPMENT ORDINANCE RELATED TO AGRITOURISM
11 As noted above the State of North Carolina has determined that local governments may not
12 regulate agricultural activities. In addition to the production of crops and/or the raising livestock,
13 North Carolina law includes many activities within the definition of agriculture, as contained in
14 G.S. 106-581.1, that are considered agriculture or farming. Among them, G.S. 106-581.1(6)
15 provides that agritourism, when conducted on the farm, is agriculture. This means that
16 agritourism activities are agriculture as a matter of law and if the agritourism venture occurs on
17 the farm, no other agricultural activity is required to be active or ongoing. Pursuant to this
18 statute if an agritourism activity occurs on a property that qualifies as a bona fide farm, a local
19 government may not regulate that activity.
20
21 Orange County's land use enforcement staff members recognize the State restrictions on local
22 government authority and thus the corresponding limitations on their enforcement authority. It
23 is for this reason that some activities that may look commercial in nature can occur on a
24 property that qualifies as a bona fide farm and County staff are unable to take action to regulate
25 or restrict the activity. In acknowledgement of state law various provisions of the Unified
26 Development Ordinance (UDO), most notably Section 1.1.8, excludes agricultural activities from
27 the UDO's development regulations.
28
29 The UDO also specifically allows what may be considered nonfarm activities to occur on a farm.
30 For several years the Board of Commissioners sought ways to expand the financial
31 opportunities available to farmers in Orange County. This culminated in, among other things,
32 the adoption of various text amendments into the UDO including creation of the Agricultural
33 Support Enterprises (ASE) Conditional Zoning District that benefits farmers by allowing them to
34 conduct farm activities on non-farm properties as well as various land uses permitted by right
35 (i.e. staff review and approval only) to operate on a property designated as a bona fide farm.
36 This includes the Rural Special Events land use.
37
38 The Rural Special Events provision of the UDO allows the owners and/or operators of
39 properties that qualify as bona fide farms to engage in activities that may traditionally have been
40 considered commercial or more urban in nature consistent with the overall intent of the County
41 elected officials. More specifically, it allows meetings and other activities that may not
42 necessarily qualify as agritourism activities to be conducted on a farm. Such events involve
43 more than 20 guests and are permitted by right under the terms of the UDO. Permitting staff
44 have minimal discretion in any use or activity that is permitted by right. As with any law or
45 authorization, ASE and Rural Special Events permits are capable of being abused within the
46 confines of the law, but overall these UDO authorizations provide needed benefits to farmers in
47 a time when farms are increasingly being eroded by development.
48
49 BOARD OF COMMISSIONERS POLICY AND GOALS
12
1 The Board of Commissioners is seeking public input on how, within the confines of its legislative
2 authority, it may best achieve a balance between expanding economic opportunities for farmers
3 and protecting surrounding areas from the secondary impacts of more commercialized land
4 uses.
5
6
1
1 Attachment 4
2
3 DRAFT MINUTES
4 BOARD OF COMMISSIONERS
5 REGULAR MEETING
6 September 19, 2017
7 7:00 p.m.
8
9 The Orange County Board of Commissioners met in regular session on Tuesday, September
10 19, 2017 at 7:00 p.m. at the Southern Human Services Center in Chapel Hill, N.C.
11
12 COUNTY COMMISSIONERS PRESENT: Chair Dorosin and Commissioners Barry Jacobs,
13 Earl McKee, Mark Marcoplos, Renee Price and Penny Rich
14 COUNTY COMMISSIONERS ABSENT: Commissioner Burroughs
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy 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 Dorosin called the meeting to order at 7:00 p.m.
21 Chair Dorosin said that Commissioner Burroughs would be unable to attend tonight's
22 meeting.
23
24 1. Additions or Changes to the Agenda
25 Chair Dorosin noted the following items at the Commissioners' places:
26 - Item 4-a: Orange County Arts Commission 2017-18 Grant Recipients
27 - PowerPoint for item 6-a: Review of Affordable Housing Bond Scoring Criteria
28 - PowerPoint and hand out for Item 7-a: Mountains to Sea Trail — Report on Segment 11 Trail
29 Planning
30 - PowerPoint for Item 7-b: Quarterly Update on Durham-Orange Light Rail Project Status
31
32
33 PUBLIC CHARGE
34 Chair Dorosin dispensed with the reading of the Pubic Charge.
35
36 2. Public Comments
37
38 a. Matters not on the Printed Agenda
39 Jim Merritt said he is the co-chair of the Veterans Memorial committee and he
40 thanked the Board of County Commissioners (BOCC) for its contribution of$15,000. He
41 said the first construction phase has been completed, and the objective is to pay-as-they-
42 go, so that upon completion there will be no debt. He invited the Board of County
43 Commissioners to join the Committee on November 10th for its Veterans Day event at
44 11:00 a.m.
45 Commissioner Rich asked if there is an update regarding fundraising.
46 Jim Merritt said about $30,000 total has been raised, and the total goal is
47 $500,000 for the completion of the memorial.
48
49 b. Matters on the Printed Agenda
2
1 (These matters will be considered when the Board addresses that item on the agenda
2 below.)
3
4 3. Announcements, Petitions and Comments by Board Members
5 Commissioner McKee had no comments.
6 Commissioner Price said her first petition was the following:
7 The Orange County Frederick Douglass Bicentennial Planning Committee, consisting of
8 individuals and community representatives from Orange County, is in the process of developing
9 and executing several activities to commemorate the 200th anniversary of the birth of Frederick
10 Douglass. James E. Williams, Jr., former Orange County public defender is spearheading this
11 effort.
12
13 One activity is to purchase 1000 copies of Narrative of the Life of Frederick Douglass:An
14 American Slave by Frederick Douglass, and distribute them primarily to middle and high school
15 students throughout Orange County. Student groups then would create or engage in service
16 projects to address social justice issues in the community, based on their interpretation of the
17 book.
18
19 This activity is part of the One Million Abolitionists project introduced by the Frederick
20 Douglass Family Initiatives to honor Douglass' 200th birthday. FDFI is printing one million copies
21 of a special bicentennial edition of Douglass' Narrative, originally published in 1845, to be
22 distributed nationwide.
23
24 The cost for 1000 books is $4000, and the Bicentennial Planning Committee is requesting
25 financial support from each of the towns and the county. The Towns of Carrboro and Chapel
26 Hill each have agreed to donate $1000. I am petitioning the Board to allocate at least $1000 to
27 this project.
28
29 Both the Orange County Public Library and the Chapel Hill Public Library Systems are
30 participating in this project. They are willing to use their outreach channels to assist in the
31 distribution of the books, and are planning special activities for 2018. We have approached the
32 school systems and are awaiting their response.
33
34 The fiscal agent to receive all funds connected to this project is the Chapel Hill-Carrboro Branch
35 of the NAACP, a 501[c] 3 nonprofit organization.
36
37 Commissioner Price said her second petition pertains to an email she received (below)
38 about the Tribal Council meeting last Thursday night, and the consensus is if Orange County
39 wrote something, signed it and passed it around for signatures throughout other government
40 municipalities in the state, including all the Tribes, that there may be a chance to stop the
41 Atlantic Coast Pipeline:
42
43 Good afternoon,
44 I am emailing all Orange County Commissioners to say "thank you" for voting to make the
45 second Monday in October "Indigenous Peoples Day," and I also have a proposal.
46 I am a resident of Chapel Hill, an indigenous person, and I have been working since 2014 with
47 other native peoples, nonprofits and allies to try to stop the Atlantic Coast Pipeline (ACP). I am
48 asking you to consider a resolution against the ACP to honor NC native peoples for Indigenous
49 Peoples Day.
50
3
1 The proposed route of the pipeline will plow through Haliwa, Saponi, Meherrin, Coharie,
2 Lumbee and Tuscarora lands in NC (5 of NC's 9 tribes). It also will impact 7 tribes in Virginia.
3
4 It is proposed to go through many wetlands that our ancestors hid out in during colonial days to
5 escape slavery, would take land from our elders using condemnation (eminent domain), and the
6 pipeline in some places will be within several hundred feet of trailers and homes that house our
7 elderly and children (especially in Pembroke, NC).
8
9 The Federal Energy Regulatory Commission will make their decision on or before October 19th
10 to approve or not approve this project. If you supported a resolution against this project, it would
11 mean a great deal to many indigenous people on the East Coast who have been fighting this
12 since the beginning.
13
14 If you would like more information on the proposed project, I would like to be a resource for you
15 and can answer any questions you have, as well as providing maps, charts and other items.
16
17 Thanks so much for all you do,
18 Ericka Faircloth
19 Standing Rep - Coalition of Woodland Nations
20
21 Commissioner Price said Governor Cooper has delayed a decision on the ACP until
22 December.
23 Chair Dorosin asked if Commissioner Price would draft a resolution about this issue,
24 and said he would be willing to help.
25 Commissioner Rich had no comments
26 Commissioner Jacobs asked if the Board could receive more information about what bio
27 solids are being spread in Orange County, Class A or Class B. He said this is of keen interest
28 to the public, and farmers specifically.
29 Commissioner Jacobs said Chapel Hill-Carrboro City Schools' (CHCCS) Educator Mary
30 Andrews has retired, and was named Toyota National Family Teacher of the Year.
31 Commissioner Jacobs said David Price has moved his annual agricultural breakfast
32 from Raleigh to the Whitted building in Hillsborough on December 4th.
33 Commissioner Jacobs said Brooks Graebner is retiring as the pastor of St. Matthew's
34 Episcopal Church in Hillsborough, after 27 years of service.
35 Commissioner Marcoplos said he wanted to follow up on their September 7th work
36 session about boards and commissioners, and he suggested one way to increase participation
37 is to an exit poll with volunteers as they cycle off the various boards.
38 Chair Dorosin had no comments.
39
40 4. Proclamations/ Resolutions/ Special Presentations
41
42 a. Orange County Arts Commission 2017-18 Grant Recipients
43 The Board considered acknowledging the local artists and arts organizations of 2017-18
44 Orange County Arts Grants awards with the presentation of grant checks.
45 Katie Murray, Orange County Arts Commission Director, reviewed the background
46 information below:
47
48 BACKGROUND:
49 The Orange County Arts Commission (OCAC) awards grants to local artists, schools and
50 nonprofit organizations from funds received from the state and Orange County government for
4
1 this purpose. These funds are distributed for arts projects and programs in all arts disciplines. In
2 2017, the OCAC changed the grants cycle from a biannual cycle into one annual spring cycle.
3 Condensing the grants process into one spring cycle allows the OCAC more time to focus on
4 new projects and programs to better serve the arts community.
5
6 FINANCIAL IMPACT:
7 A total of$63,713 was awarded to fourteen nonprofit organizations, ten schools and seven
8 artists during the 2017-18 grants cycle. North Carolina Arts Council Grassroots Arts Program
9 funds equaled $33,913, and the remaining funds of$29,800 were from Orange County.
10
11 The Board acknowledged the local recipients of these awards during the meeting with
12 the presentation of checks.
13
14 Orange County Arts Commission
15 2017-18 Arts Grants Check Presentation
16 BOCC Meeting I September 19, 2017
17
GRASSROOTS ARTS PROGRAM GRANT
ORGANIZATION NAME OF REPRESENTATIVE
The ArtsCenter Renzo Ortega
Boomerang Youth Tami Pfeifer
Carrboro Elementary PTA Lynn Weller
Cedar Ridge High School for Orange County Tracy Thomas
Chapel Hill Philharmonia Merida Negrete (Nah-greet-tay)
Ephesus Road Elementary School PTA Helene Singer
Estes Hills Elementary School PTA Liz Kalies (Kay-lees)
Hillsborough Arts Council Neil Stutzer
Hillsborough Elementary PTA Ashley Slaughterbeck
Kidzu Children's Museum Melanie Levinson
Mary Scroggs Elementary School PTA Sarah Cornette
New Hope Elementary (Orange County Michele Woodson
North Carolina Arts in Action Marlon Torres
North Carolina Symphony Amanda Vollrath
Northside Elementary School PTA Andrew Riggs
One Song Productions Rachel Broun
Orange County Historical Museum Candace Midgett
Pathways Elementary (Orange County Schools) Tracy Thomas
Phillips Middle School PTSA Cristina Smith
Street Signs, Inc. John McGowan
Voices, the Chapel Hill Chorus Marjorie Bender
Women's Voices Chorus Amy Glass
ARTIST PROJECT GRANT RECIPIENTS
NAME OF ARTIST
Dawn Hummer
Jenks Miller
Renzo Ortega
5
Marie Rossettie
Donn Young
1
2 b. Disability Employment Awareness Month Proclamation
3 The Board considered voting to approve a proclamation designating October 2017 as
4 Disability Employment Awareness Month, and authorizing the Chair to sign the proclamation.
5 Tyran Fennell, Human Resources Manager, said she is here on behalf of Brenda
6 Bartholomew, Human Resources Director, and is joined by Johnny Burnette and Thelma Cox
7 from Vocational Rehabilitation.
8 Tyran Fennell reviewed the background information below:
9
10 BACKGROUND:
11 October is National Disability Employment Awareness Month. Persons with disabilities have
12 skills, talents, and dreams, and with respect and acceptance, individuals with disabilities —
13 mental or physical —can participate in society and the work force to their fullest capacity.
14 Workplaces welcoming of the talents of all people, including people with disabilities, are a
15 critical part of Orange County efforts to build an inclusive community and strong economy.
16
17 Commissioner McKee read the proclamation:
18
19 ORANGE COUNTY BOARD OF COMMISSIONERS PROCLAMATION
20 DISABILITY EMPLOYMENT AWARENESS MONTH
21 OCTOBER 2017
22
23 WHEREAS, October is National Disability Employment Awareness Month; and
24
25 WHEREAS, workplaces welcoming of the talents of all people, including people with disabilities,
26 are a critical part of our efforts to build an inclusive community and strong economy; and
27
28 WHEREAS, the United States Department of Labor has designated October as National
29 Disability Employment Awareness Month to bring greater awareness to the many contributions
30 people with disabilities make daily to all communities; and
31
32 WHEREAS, Orange County recognizes that persons with disabilities offer the workplace great
33 talent and we cannot afford to overlook or not use to their talents to the highest potential; and
34
35 WHEREAS, Orange County believes diversity in the workforce is reflective of our community's
36 commitment to inclusivity;
37
38 NOW, THEREFORE, we, the Orange County Board of Commissioners, do hereby proclaim
39 October 2017 as Disability Employment Awareness Month and encourage employers, schools
40 and other community organizations in Orange County to advance its important message that
41 people with disabilities are equal to the task throughout the year.
42
43 This the 19th day of September 2017.
44
45 A motion was made by Commissioner McKee, seconded by Commissioner Price for the
46 Board to approve the proclamation designating October as Disability Employment Awareness
47 Month and authorize the Chair to sign the proclamation.
48
6
1 VOTE: UNANIMOUS
2
3 Commissioner Jacobs asked if the Manager would bring a report back to the Board on
4 October 3rd regarding how Orange County is doing with employing disabled residents in its work
5 force.
6
7 5. Public Hearings
8
9 a. Public Hearing on Refinancing Existing Loan Obligations
10 The Board considered conducting a public hearing on the issuance of up to $51 million
11 to refinance existing installment financing to achieve an estimated $2.4 million in debt service
12 savings; and approving a resolution supporting the County's application to the Local
13 Government Commission (LGC) for approval of the refinancing plan.
14 Gary Donaldson, Chief Financial Officer, reviewed the following information:
15
16 BACKGROUND:
17 The County and its financing team estimates that the total amount to be refinanced is an
18 amount not to exceed $51 million in Limited Obligation Bonds. Although the Refinancing
19 Summary (Attachment 3) currently identifies an amount of$41.9 million based on the current
20 market, the difference between the $41.9 million amount in the Refinancing Summary and the
21 Not to Exceed amount of$51 million in the Resolution is the financing's team effort to maintain
22 flexibility in accommodating various bond pricing alternatives. The Not to Exceed amount
23 provides sufficient pricing considerations to refinance the six loans that have been identified as
24 potential refunding candidates in this negotiated financing. The County's financing team will
25 work to secure the lowest cost of funds and to maximize the debt service savings associated
26 with the refunding.
27
28 If the Board adopts the resolution indicating its intent to continue with the refinancing plan, the
29 Board will be asked to consider a resolution giving final approval to the refinancing plans at the
30 October 3, 2017 BOCC meeting. A copy of the published notice of this hearing is in the
31 abstract.
32
33 North Carolina statutes require that the County conduct a public hearing on the proposed
34 financing. After conducting the public hearing and receiving public input, the Board will consider
35 the adoption of the resolution (Attachment 2). This resolution formally requests the required
36 approval from the North Carolina Local Government Commission (LGC) for the County's
37 refinancing.
38
39 The refinancing of existing installment loan obligations is designed to provide savings to the
40 County without extending the terms of the existing loans (Attachment 3). The proposed
41 financing would be secured by a lien on some or all of the property purchased or improved
42 through the loans that are being refinanced, as well as the County's promise to repay the
43 financing. The County expects that the collateral for the financing will consist of some or all of
44 Morris Grove Elementary School, the County Justice Facility, Northside Elementary School, the
45 Orange County library building in Hillsborough, and the County's West Campus Office Building
46 located at 131 West Margaret Lane in Hillsborough.
47
48 Bob Jessup, Bond Counsel, said there is a resolution before the BOCC to take the first
49 of two actions connected with this refinancing. He said the Local Government Commission
50 (LGC) wants a resolution from the Board expressing support for the application, and making
7
1 certain findings that support the LGC's own conclusion. He said this is relatively
2 straightforward, and essentially the Board will be saying, "we're doing this because it will save
3 us a lot of money". He said this evening, the Board will be asked to adopt the resolution in the
4 form presented, and a final approval will be sought in mid-October.
5
6 A motion was made by Commissioner Rich, seconded by Commissioner Jacobs to open
7 the public hearing.
8
9 VOTE: UNANIMOUS
10
11 PUBLIC COMMENT
12 None
13
14 A motion was made by Commissioner Price, seconded by Commissioner Jacobs to
15 close the public hearing.
16
17 VOTE: UNANIMOUS
18
19 Commissioner McKee said this is another in a series of refinancing efforts, which has
20 resulted in many millions in savings.
21 Commissioner Rich asked if there is a reason this item will come back in October.
22 Bob Jessup said under the LGC guidelines, there needs to be a preliminary resolution in
23 support of the application, followed by the approval of the more final terms and necessary
24 documents to carry out the financing, in October. He said the approval in October must come
25 after the LGC's approval.
26 Commissioner Jacobs asked Gary Donaldson if the County could have considered
27 budgeting for next year, or is this just found money.
28 Gary Donaldson said these types of funds are not typically projected in an ongoing
29 budget.
30 Commissioner Jacobs said theoretically, this amount of money could go to deferring the
31 amount of indebtedness that will exist upon the issuance of bonds this coming fiscal year, which
32 therefore might reduce the possibility of a tax increase.
33 Gary Donaldson said it will not be a material reduction, and will not be sufficient to offset
34 the debt.
35
36 A motion was made by Commissioner Price, seconded by Commissioner Rich for the
37 Board to adopt the resolution (attachment 2) supporting the application to the Local
38 Government Commission for approval of the refinancing.
39
40 VOTE: UNANIMOUS
41
42 6. Regular Agenda
43 a. Review of Affordable Housing Bond Scoring Criteria
44 The Board considered the following changes to the affordable housing bond scoring
45 criteria:
46 1. Due to the inherent differences between new construction and the acquisition and
47 preservation of existing housing, score and recommend new construction projects
48 separately so that they do not compete with the acquisition of existing housing stock.
49 2. Define special needs populations as seniors, people with disabilities, veterans,
50 individuals or families experiencing homelessness, and victims of domestic violence.
8
1 The special needs score will be prorated based on the number of units dedicated to
2 serving residents with special needs.
3 3. Define residency as households currently residing or working in Orange County.
4 Clarify reporting to include marketing and recruitment efforts to Orange County
5 residents and reporting requirements once the project is completed.
6 4. Eliminate the ability to pay property taxes as a scoring criterion since most affordable
7 rental property is owned by a non-profit and exempt from property tax.
8 5. Eliminate the ability to repay bond funds as a scoring criterion since the focus of bond
9 funds should be to serve lower income households.
10
11 BACKGROUND:
12 On June 6, 2017 the Board of County Commissioners awarded $2.5 million in affordable
13 housing bond funds to projects that had submitted proposals through a request for proposal
14 process. The County received six proposals from affordable housing providers. One of the
15 proposals was incomplete, so five of the six proposals were scored using standard scoring
16 criteria (Attachment 1).
17
18 Based on the scoring criteria and available funds, four of the five remaining projects were
19 recommended for funding. One of the projects submitted by EmPOWERment (606 Bynum
20 Street) was not recommended for funding. The Board of Commissioners funded this project
21 using other affordable housing funds appropriated in the Capital Investment Plan.
22
23 During the discussion of the bond awards, the Board requested an analysis of the scoring
24 criteria to determine why some projects scored higher than others. The following describes how
25 the projects scored under each category as well as feedback from the Affordable Housing
26 Coalition. A summary of scores by project is attached (Attachment 2) as well as a selection
27 narrative (Attachment 3). Each project was scored using eight categories as described below.
28
29 1. Income Targeting and Special Needs
30 The income targeting and special needs category awarded more points to projects that
31 served lower income households. Up to twenty-five points were available to projects serving
32 households with incomes under thirty percent (30%) of the area median income. All of the
33 projects scored well for serving low income households. However, this category 1 also
34 awarded an additional twenty (20) points to projects serving at least one special needs
35 population. Both of the projects submitted by CASA as well as the project submitted by
36 Habitat for Humanity earned the additional points for serving at least one special needs
37 population. The EmPOWERment projects did not receive those additional special needs
38 points. Affordable Housing Coalition members requested a clear definition of the special
39 needs populations that would qualify for the additional points and a way to prorate the
40 special needs scores based on the number of units dedicated to serving a special needs
41 population.
42 2. Local Residency
43 The Local Residency category was intended to award points based on whether the project
44 would serve County residents. The Request for Proposal was not prescriptive on how
45 achieving that goal should be reported. As a result, the responses varied too widely to score
46 them consistently. This criterion will be better defined in the next scoring process to correct
47 this issue. Affordable Housing Coalition members also requested more clarity on residency
48 qualifications in its review of the criteria.
49 3. Leveraging
9
1 The Leveraging category awarded points based on the degree to which non-County funds
2 were used to fund the project. The project submitted by Habitat for Humanity leveraged sixty
3 four percent (64%) of non-County funding. The two projects submitted by CASA leveraged
4 between sixty five percent (65%) and sixty seven percent (67%) of nonCounty funding. The
5 projects submitted by EmPOWERment did not apply any nonCounty funds. This category
6 also evaluated the project's ability to pay property taxes. The scoring team noted that this
7 criterion rewards projects that would be privately owned rather than owned and operated by
8 a non-profit. This incentive seems inconsistent with the need to increase the supply of
9 affordable rental housing that is often owned by a non-profit entity and exempt from property
10 taxes. Affordable Housing Coalition members also questioned awarding points for the
11 repayment of bond funds noting that serving lower income households requires significant
12 subsidy and does not allow for financial margins that would support bond repayment. This
13 criterion may be appropriate if a private developer were building a mixed income project that
14 generated enough income to repay some of the public investment.
15 4. Building Design
16 The Building Design category awards points for energy efficiency, accessibility, proximity to
17 public transportation, and high quality water and sewer services. The new construction
18 projects submitted by CASA and Habitat were able to score well in energy efficiency and
19 accessibility. The EmPOWERment projects did not score as well because EmPOWERment
20 proposed purchasing existing homes that would require extensive retrofitting to compete with
21 new construction.
22 5. Community Design
23 The projects scored comparably in this category, but it does slightly favor new construction
24 projects in that it award points to adding to a mix of housing within an existing neighborhood.
25 6. Community Sponsorship/Support
26 The projects scored comparably in this category.
27 7. Project Feasibility
28 The project feasibility category favors projects where funding, other than bond funding, is in
29 place at the time of application. Since the EmPOWERment projects did not leverage outside
30 funding, they did not score as well as others in this category. 8. Developer Experience The
31 projects scored comparably in this category. All of the projects were sponsored by affordable
32 housing providers with extensive experience serving the Orange County community.
33
34
35 Travis Myren made the following PowerPoint presentation:
36
37 Review of Affordable Housing Bond Scoring Criteria
38 September 19, 2017
39 Southern Human Services Center
40
41 Decision Points
42 • Review and consider revisions to scoring criteria used to evaluate affordable housing
43 bond proposals
44 o New construction versus preservation
45 o Refined definition of special needs populations
46 o Refined definition of local residency
47 o Ability to repay property taxes (Non-Profits)
48 o Ability to repay bond funds (Non-Profits)
49
50 Projects Awarded
10
1 • Habitat for Humanity of Orange County (Hillsborough-Waterstone)
2 o 24 Townhomes for residents 55 and older
3 • 12 units targeting 31% to 50% Area Median Income
4 • 8 units targeting 51% to 60% Area Median Income
5 • 4 units targeting 61% to 80% Area Median Income
6 o Project Cost - $2,568,500
7 • County grant - $925,000
8 • 36% County funds/64% leveraged from other sources
9 • County investment per unit - $38,542
10 • CASA— Merritt Mill West (Carrboro)
11 o 16 Rental Apartments
12 • Priority for homeless residents and residents with disabilities
13 • Some units reserved for veterans
14 • 12 units targeting incomes under 30% Area Median Income
15 • 4 units targeting incomes under 50% Area Median Income
16 o Project Cost - $2,213,450
17 • County grant - $746,500
18 • 34% County grant funds/66% leveraged from other sources
19 • County investment per unit - $46,656
20 • CASA— Merritt Mill East (Chapel Hill)
21 o 12 Rental Apartments
22 • Priority for homeless residents and residents with disabilities
23 • 8 units targeting incomes under 30% Area Median Income
24 • 4 targeting incomes under 50% Area Median Income
25 o Project Cost - $1,808,025
26 • County grant - $646,200
27 • 35% County grant funds/65% leveraged from other sources
28 • County investment per unit - $53,850
29 • EmPOWERment— 116 Cole Street (Chapel Hill)
30 o 1 —Three Bedroom Existing Home for Rental
31 • Targeting incomes between 30% and 50% Area Median Income
32 o Project Cost - $211,300
33 • County grant - $211,300
34 • 100% County grant funds
35 • County investment per unit - $211,300
36 • EmPOWERment— 606 Bynum Street (Chapel Hill)
37 o 2 Existing Homes for Rental
38 • One three bedroom home
39 • One two bedroom home
40 • Targeting incomes between 30% and 50% Area Median Income
41 o Project Cost - $264,400
42 • County grant - $264,400
43 • Funded using other Affordable Housing Funds in CIP
44 • 100% County grant funds
45 • County investment per unit - $132,200
46
47 Scoring Criteria and Evaluation
48 • Income Targeting and Special Needs —45 Points
49 o All projects serve lower income households
11
1 • 36% of units created are serving households under 30% of Area
2 Median Income
3 • 78% of units created are serving households under 50% of Area
4 Median Income
5 o Special Needs
6 • Three of the five projects serve special needs populations
7 • Any special needs populations served awarded 20 points
8 o Recommended Changes
9 • Better define special needs populations
10 • Prorate scores for proportion of units serving residents with
11 special needs
12 • Local Residency
13 o Applicants not directed on how to report local residency
14 o Reporting across applicants was inconsistent
15 o No scores assigned
16 o Recommended Changes
17 • Define residency as households residing or working in Orange
18 County
19 • Award partial score based on marketing and recruitment efforts
20 • Award partial score based on estimated local residents served
21 with a reporting requirement upon occupancy
22 • Leveraging
23 o Leveraged Funds
24 • Habitat for Humanity— 64%
25 • CASA Merritt Mill West— 65%
26 • CASA Merritt Mill East— 67%
27 • EmPOWERment Cole and Bynum — 0%
28 o Mixed Use and Mixed Income points
29 o Recommended Changes
30 • Eliminate ability to pay property taxes for non-profit agencies
31 since rental property owned and operated by non-profit (2 points)
32 • Eliminate ability to repay bond funds for non-profit agencies due
33 to low operating margins serving lower income residents (13
34 points)
35
36 Chair Dorosin asked if the three higher scoring projects got the 13 or 15 points that are
37 discussed on this slide, while the two lower scoring projects did not.
38 Travis said no, and because all of these are rentals, and owned by non-profits, none of
39 the applicants got any of those points in this round. He said in the future there may be a private
40 developer that has some mixed income project that has to pay property taxes, and also has the
41 financial margin to be able to repay the bond funds. He said those criteria could be eliminated
42 for the non-profit applications.
43
44 • Building Design
45 o New Construction Projects
46 • Highest degree of energy efficiency
47 • No retrofit for universal design
48 • Lowest maintenance
49 o All scored well for accessibility to services, water/sewer, and public
50 transportation
12
1 o Recommended Changes
2 • Score new construction and preservation projects separately
3
4 Commissioner Price asked if the Board could apply more points if a project is preserving
5 existing housing stock, or gutting an existing home.
6 Travis Myren said that is a possibility, and the suggestions reflect some of the systemic
7 issues noticed between some of the new construction projects versus the preservation projects.
8
9 • Community Design
10 o Scores comparable across projects
11 o New Construction Projects
12 • Adds mix of housing to an existing neighborhood
13 o No recommended changes
14
15 • Community Sponsorship & Support
16 o Scores comparable across projects
17 o No recommended changes
18
19 • Project Feasibility
20 o New construction
21 • Site control achieved
22 • Funding (other then County funding) is in place
23 o No recommended changes
24
25 • Developer Experience
26 o Scores comparable across projects
27 o No recommended changes
28
29 Recommendations for Consideration:
30 1. Due to the inherent differences between new construction and the acquisition
31 and preservation of existing housing, score and recommend new construction
32 projects separately so that they do not compete with the acquisition of existing
33 housing stock.
34 2. Define special needs populations as seniors, people with disabilities, veterans,
35 individuals or families experiencing homelessness, and victims of domestic
36 violence. The special needs score will be prorated based on the number of units
37 dedicated to serving residents with special needs.
38 3. Define residency as households currently residing or working in Orange County.
39 Clarify reporting to include marketing and recruitment efforts to Orange County
40 residents and reporting requirements once the project is completed.
41 4. Eliminate the ability to pay property taxes for non-profit agencies as a scoring
42 criterion since most affordable rental property is owned by a non-profit and
43 exempt from property tax.
44 5. Eliminate the ability to repay bond funds as a scoring criterion for non-profit
45 agencies since the focus of bond funds should be to serve lower income
46 households.
47
48 Commissioner Price asked if there was any discussion about increasing the number of
49 applicants for the bond funds, and whether this should be opened up to smaller developers.
13
1 Sherrill Hampton, Housing, Human Rights and Community Development Director, said
2 staff is looking at how to build the capacity of the non-profits, so that they can take on more.
3 She said there may be opportunities to bring in a national non-profit to assist and she said staff
4 is encouraging private developers to look at what the County is offering, especially County-
5 owned parcels. She said she hopes to update the BOCC at a later date.
6 Commissioner Rich referred to the idea of tracking new construction versus existing
7 construction, and asked if the decision-making process, for fund allocation to these two types of
8 construction, could be clarified.
9 Travis Myren said staff is not recommending setting aside any bond money for
10 preservation of existing stock, but rather looking at the projects independently, and then
11 bringing them to the Board for a discussion about the top priorities that the BOCC is seeking to
12 accomplish.
13 Commissioner Rich said she had concerns about this, and she is glad that staff is not
14 doing this. She said there are advantages and disadvantages to both new construction and
15 preservation, and she wants to stretch the dollars as far as possible
16
17 PUBLIC COMMENT:
18 None
19
20 Commissioner Jacobs said his first suggestion is that if the BOCC wants to better define
21 the criteria, he is unsure that spending 1/3 of the points on project feasibility is a good idea. He
22 said a lot of this is pro forma, and should be expected of any solid application.
23 Commissioner Jacobs said workforce housing is not really being addressed, and he
24 would like to do a better job of capturing this population. He said there is a lot of need, but it is
25 hard to determine who is most needy, other than simply looking at income. He said he spoke
26 with Chapel Hill-Carrboro City Schools' (CHCCS) Superintendent Pam Baldwin, who was
27 involved in a project in Asheville, where teacher housing was built on school property. He said
28 he would like to consider these types of creative ideas.
29 Commissioner Jacobs said there is almost nothing in this discussion about the private
30 sector developers, and he said staff could work with the local chambers, businesses, etc.
31 Commissioner Marcoplos said the developer experience category goes against private
32 sector participation, and this is not in the County's best interest. He said the County should
33 seek innovation.
34 Commissioner McKee said he agreed with both Commissioner Jacobs and Marcoplos
35 on the private developer issue. He would like to see a discussion between the Manager,
36 Attorney and the Planning Department, to see if this type of housing can be done, or would
37 there need to be changes in the Unified Development Ordinance (UDO).
38 Commissioner Price said private developers expressed interested by attending
39 information meetings, but they did not apply for funding. She said it is important to understand
40 what deterred them from doing so.
41 Commissioner Rich said she thought the first cycle was for non-profits, and the second
42 cycle for others.
43 Bonnie Hammersley said everyone was invited to participate.
44 Chair Dorosin said the rentals were prioritized in the first cycle, which favors the non-
45 profits.
46 Commissioner Price said she did talk with one person that was interested in developing
47 a rental property.
48 Chair Dorosin said the special needs definition was a great addition, and he would add
49 section 8 vouchers holders to the list. He said he would be amenable to eliminating the
50 residency question in number 3.
14
1 Chair Dorosin agreed with Commissioner Jacobs that the site control and feasibility
2 points are too high. He said the definition of"developer experience" could be broadened.
3 Chair Dorosin said he is in favor of#4 and #5, and he agreed with Commissioner Price
4 about assigning points to those who seek to preserve existing housing stock.
5 Chair Dorosin referred to workforce housing, and wondered exactly what people mean
6 by this. He said the economic ranges being used encompass workforce housing. He said this
7 may be more of a messaging issue.
8 Commissioner Jacobs said it could be a messaging issue, and suggested getting more
9 information and profiling who is being served by these projects, and how they are employed.
10 Commissioner Jacobs said he would rather define residents by their role in the
11 community not by their income.
12 Chair Dorosin asked if staff would research the salaries of starting teachers in both
13 school systems, sheriff deputies, EMTs, etc.
14 Commissioner Jacobs referred to points #4 and 5, and said if these differentiated
15 between private and non-profits then he would be okay with staff's recommendation.
16 Commissioner Jacobs said with #3, he would prefer to target those who work or live in
17 Orange County.
18 Commissioner Jacobs reiterated a point made at a previous meeting about asking
19 people who are tearing down a home to gift it to Orange County, and then the County can move
20 the house to County-owned property. He said the County could build a community.
21 Commissioner Rich said she agreed with Commissioner Jacobs.
22 Commissioner Marcoplos said affordable housing projects often have unappealing
23 landscaping, and there should be some measure for the provider to provide landscaping, such
24 as trees. He added that many senior units do not have outside porches/screened in porches.
25 Commissioner Price referred to the residency requirement, and said former Orange
26 County residents who could not afford to live here anymore, should be encouraged to come
27 back.
28
29 A motion was made by Commissioner Price, seconded by Commissioner Jacobs to
30 approve:
31
32 1. Due to the inherent differences between new construction and the acquisition and
33 preservation of existing housing, score and recommend new construction projects
34 separately so that they do not compete with the acquisition of existing housing stock.
35
36 Bonnie Hammersley said three proposals for the parcels have recently come in, and
37 staff was hoping to use these criteria for these three projects so that they can move forward.
38 Chair Dorosin clarified that any changes made tonight would be used to score the new
39 projects.
40 Bonnie Hammersley said yes.
41 Commissioner Rich clarified that the applications are only for the parcels.
42 Bonnie Hammersley said yes, and these applications can be ranked by these criteria.
43 Commissioner Price asked if the applicants were expecting to be score by the previously
44 existing criteria.
45 Bonnie Hammersley said the housing coalition requested a delay on the parcels, and
46 she expects they knew there could potentially be changes.
47 Chair Dorosin said if these criteria are going to be use now, any changes should be
48 specific. He asked if a point value should be assigned to preservation, or if the three proposals
49 be evaluated under the existing criteria.
15
1 Commissioner Jacobs said he would trust the Manager's judgment on the three
2 applications, and he does not want to make changes on the fly. He said he would like to see
3 more refinement before giving them values.
4 Bonnie Hammersley said they will go forward with existing criteria, and bring back
5 further information to the BOCC.
6 Chair Dorosin said any proposals that come in from tonight onward will be subject to any
7 new changes in the criteria.
8
9 VOTE: UNANIMOUS
10
11 A motion was made by Commissioner Price, seconded by Commissioner McKee to
12 approve:
13
14 2. Defining special needs populations as seniors, people with disabilities, veterans,
15 individuals or families experiencing homelessness, holders of section 8 vouchers, and
16 victims of domestic violence. The special needs score will be prorated based on the
17 number of units dedicated to serving residents with special needs.
18
19 Commissioner Jacobs said he is happy to leave veterans in, but noted this may be
20 duplicative as veterans are covered in many other areas.
21
22 VOTE: UNANIMOUS
23
24 Chair Dorosin asked to get more information on veterans.
25
26 A motion was made by Commissioner Jacobs, seconded by Commissioner Price to:
27
28 3. Define residency as households currently residing or working in Orange County or
29 having resided in Orange County.
30
31 VOTE: Ayes, 4 (Commissioner McKee, Commissioner Price, Commissioner Rich, Commission
32 Jacobs); Nays, 2 (Chair Dorosin and Commissioner Marcoplos)
33
34
35 A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to
36 accept # 4 and # 5:
37
38 4. Eliminate the ability to pay property taxes as a scoring criterion since most affordable
39 rental property is owned by a non-profit and exempt from property tax.
40 5. Eliminate the ability to repay bond funds as a scoring criterion since the focus of bond
41 funds should be to serve lower income households.
42
43 VOTE: UNANIMOUS
44
45 Chair Dorosin summarized the topics for further discussion: incentivize private sector;
46 feasibility of developing a program with housing tear downs — costs and how broad of a
47 program; workforce housing; developer experience - redefine; reduce feasibility points; and
48 expand guidelines for landscaping and healthy living.
16
1 Commissioner Marcoplos asked if there should be an "intangibles" category in this
2 process. He said this is a rigid process, and some flexibility may be needed to allow for
3 creativity and innovation.
4 Chair Dorosin said the goal was to make this more of an objective process, and the
5 Board did demonstrate flexibility by funding the EmPOWERment projects via more subjective
6 decision-making.
7 Bonnie Hammersley said the new housing director had similar concerns about the
8 criteria, and if it is possible to look at projects that do not necessarily fit the mold. She said she
9 told her yes, and that such ideas can be brought to the BOCC.
10 Commissioner Price agreed with Commissioner Marcoplos.
11 Commissioner Jacobs said both are right, and the Board did make exceptions with
12 EmPOWERment. He said perhaps 5 points could be added to the criteria for intangibles, such
13 as creativity.
14 Commissioner Jacobs asked Jeff Thompson, Asset Management Services Director, if
15 he could provide the BOCC with some figures about moving structures.
16
17 7. Reports
18 a. Mountains to Sea Trail — Report on Segment 11 Trail Planning
19 The Board received a report regarding the results of community meetings, information
20 gathering, and trail planning efforts undertaken to identify a route(s) for the "Segment 11"
21 portion of the NC Mountains to Sea Trail (MST), from Hillsborough to Alamance County, and
22 provide direction to staff on next steps.
23
24 BACKGROUND:
25 The North Carolina Mountains to Sea Trail (MST) is a continuous off-road trail that will link
26 Clingman's Dome in the Great Smoky Mountains National Park to Jockey's Ridge State Park on
27 the state's Outer Banks. The trail is part of the North Carolina State Parks system. At present
28 over 650 miles of the roughly 1,000-mile trail route is open for use.
29
30 In 2014, the N.C. Division of Parks and Recreation contracted with consultants to complete a
31 statewide MST Master Plan. The statewide master plan, approved in 2015, includes an
32 established corridor (or "swath") for the MST across the state, broken into defining segments.
33 The plan includes information about each segment, prioritization and plans for further work
34 along the MST, centralized web-based content about progress along the trail corridor, and a set
35 of tools and guidelines to assist trail planning partners.
36
37 One of the regions in the state where the trail corridor was in need of further identification is the
38 Eastern Piedmont section, from Greensboro to Durham. Segments of the adopted MST corridor
39 traverse Orange County, entering from southwestern Orange County at the Haw River or
40 Alamance County line, and continuing northeast through lands owned by the Orange Water and
41 Sewer Authority around Cane Creek Reservoir. The MST corridor continues northeast to the
42 Orange County Upper Eno Nature Preserve (Seven Mile Creek) lands, before entering
43 Hillsborough along the Town's Riverwalk and heading eastward into Eno River State Park and
44 Durham. In the statewide master plan, these are defined as two segments —the section from
45 Alamance County to Occoneechee Mountain at Hillsborough being "Segment 11", and the
46 section from that point eastward to Durham County identified as "Segment 12". These
47 segments are also reflected in the adopted Orange County Parks and Recreation 2030 Master
48 Plan.
49
17
1 Segment 12 from Hillsborough to Durham County is almost exclusively contained within the
2 Town of Hillsborough's Riverwalk and Eno River State Park, such that the eventual trail location
3 is already identified. For that reason, Segment 12 was not addressed in this trail planning effort.
4 However, the actual route for Segment 11 in the statewide master plan was not identified, and
5 required refinement. Segment 11 presents challenges not present in most other segments of
6 the MST corridor in the state, in that it crosses from the Cape Fear basin to the Neuse River
7 basin, requiring a substantial section of trail route that does not have a natural feature to follow
8 and goes "up and over" the ridge between the two basins.
9
10 Recognizing the need to explore a refinement of the MST statewide master plan corridor
11 "swath", the Board asked staff in the winter/spring of 2016 to pursue a process of identifying a
12 route (or routes) for Segment 11 of the MST, including community meetings and information
13 gathering and sharing. Between April 2016 and March 2017, information was gathered and
14 presented for three community meetings about the MST on the planning for an identified route.
15 As a part of this, a significant amount of information was shared and requested, some of which
16 are provided as attachments to this agenda item.
17
18 Concurrent with the County's planning process, the Orange Water and Sewer Authority
19 (OWASA) considered the MST and conditions for use of OWASA land for the MST on two
20 occasions in 2016, and on August 25, 2016, adopted a set of conditions for use in allowing the
21 MST to traverse OWASA land near Cane Creek Reservoir.
22
23 At the March 9, 2017 community meeting, a draft map was unveiled based on the discussions
24 and planning that had occurred to date, showing a "Proposed Trail" location, two "Alternate
25 Trails", and a new concept, a "Multi-Modal Trail". Consistent with prior and current Capital
26 Investment Plans, a proposal to address the trail in sequential fashion was also shared, with the
27 portion that would extend Hillsborough's Riverwalk from Occoneechee Mountain to the Seven
28 Mile Creek Nature Park (Upper Eno Nature Preserve) as the first sub-segment to be
29 addressed. Seven Mile Creek is projected to have a "waystation" or trail node that would
30 provide for trail access, overnight camping for long-distance hikers and some level of
31 convenience services. This segment approach is also consistent with the desires of the State
32 Parks system, which prioritizes extension of existing segments (Riverwalk) over creating new
33 freestanding segments of the trail. Additionally, State Parks has recently notified the County
34 that the River Park portion of Riverwalk in Hillsborough has been formally accepted into the
35 MST.
36
37 In addition to community attendance and participation in meetings on Segment 11 planning, a
38 staff working group was formed to help identify important components of the planned route.
39 This group included representatives of the following departments and organizations:
40 • OWASA
41 • North Carolina Department of Transportation (NCDOT)
42 • NC State Parks
43 • NC Forest Service
44 • Orange County Emergency Services
45 • Orange County Sheriff's Office
46 • Orange County Planning Department
47 • Orange County Department of Environment, Agriculture, Parks and Recreation
48
18
1 Additionally, professional facilitator Andy Sachs from the Dispute Settlement Center was hired
2 to facilitate and help plan for the meetings. Consultation and advice was also provided by the
3 County Manager, County Attorney and Risk Manager.
4
5 Staff will present the following information at the meeting for the Board's consideration and
6 further direction: • The results of the Segment 11 MST planning process • The Proposed
7 Segment 11 MST Trail Map (with alternates) • A proposed course of action for beginning to
8 acquire trail easements and trail construction and infrastructure, beginning with extension
9 southwest from Occoneechee Mountain.
10
11 Consistent with the wishes of the OWASA Board, the planned next steps for the MST, once
12 approved, will be communicated to the OWASA Board and staff.
13
14 FINANCIAL IMPACT: There is no financial impact associated with the receipt of this report.
15 Funding for the planned first phase of MST trail easements, construction and associated
16 equipment and appurtances was included in the FY 2016-17 budget as part of the County's
17 Capital Investment Plan. Grants for trail easement acquisition will be applied for to lessen
18 County costs, and MST needs are listed as a high priority for State grant programs such as the
19 Parks and Recreation Trust Fund. Trail construction and maintenance is expected to include
20 partnership with the Friends of the Mountains to Sea Trail organization. Allotments of funds for
21 future sub-segments of the MST are scheduled in the County's Capital Investment Plan for FY
22 2019-20 and FY 2023-24 or beyond.
23
24
25 David Stancil, Department of Environment, Agriculture, Parks and Recreation (DEAPR)
26 Director, made the following PowerPoint presentation:
27
28 Mountains to Sea Trail (MST) Segment 11 Plan and Next Steps
29
30 The N.C. Mountains to Sea Trail
31 • Part of the State Parks System
32 • Clingman's Dome to Jockey's Ridge
33 • Connects State Parks, Open Spaces
34 • Much of Trail Exists — But Not Eastern Piedmont
35
36 Statewide MST Master Plan
37 • Commissioned by State Parks in 2014
38 • Plan identified corridors ("swath") for MST
39 • Orange County
40 o Segment 11: Alamance to Occoneechee Mtn
41 o Segment 12: Occoneechee Mtn to Durham
42
43 Segment 11 Corridor
44 • Up Cane Creek, around Cane Creek Reservoir
45 • Northeast to Seven Mile Creek
46 • Connects to Occoneechee Mtn Trails
47 • Segment 12 - Route Largely Identified
48
49 Challenges of Segment 11
19
1 • Stretch with no natural features to follow
2 • Crosses over the Neuse/Cape Fear basin boundary ("cross-country")
3 • Southernmost section of Cane Creek winds across county line
4
5 Trail Route Planning Process
6 • Board instructs staff to develop community meetings to gather info & identify route(s)
7 • Three community meetings between April 2016 and March 2017
8 • Facilitator-led meetings on info-sharing and draft trail routes and next steps
9
10 OWASA Consideration of MST
11 • OWASA Board reviewed and considered possible use of OWASA land at Cane Creek
12 Reservoir as per statewide plan
13 • Board discussed possible conditions for use on June 23 and August 25
14 • Conditions adopted on August 25
15 • Public comments — at www.owasa.org
16
17 Creating a Proposed Route
18 • Staff worked over winter to look at all comments, master plan and conditions
19 • Identified a "Proposed Route"
20 • Also identified two alternates and a "Multi-Modal Trail"
21 • Work with willing landowners
22
23 Proposed MST Segment 11 Map
24 11-A: Occoneechee Mountain to Seven Mile Creek
25 11-B: Seven Mile Creek to Bradshaw Quarry Road
26 11-C: Bradshaw Quarry Road to NC 54
27 11-D: NC 54 to Alamance County line
28
29 Possible First Steps
30 • State priority is on expanding existing sections of trail
31 • Expanding Riverwalk from Hillsborough
32 • Connect to Seven Mile Creek (possible trailhead and waystation)
33
34 Recommendation
35 • Receive the report, maps and proposed next steps
36 • Receive public comment
37 • Provide direction and feedback to staff
38 • Schedule the plan for further discussion and decision
39
40 Commissioner Price asked if this acquisition of land is incumbent upon the County.
41 David Stancil said there are sponsors, typically jurisdictions, who provide most of the
42 funding, as well as the state/other sources that can be leveraged. He said Alamance County
43 has $300,000 from the State Parks and Recreation Trust Fund to match its money for trail
44 acquisition.
45
46 PUBLIC COMMENT:
47 Allan Green said he is a resident of Cane Creek/Bingham Creek, and an avid MST
48 hiker; and has been on past Parks and Recreation Board. He is encouraged that there is a
49 proposed route, and that it includes an option for an interim route on roads, while the wilderness
20
1 parts of the trail are being completed. He said the proposed portion around Cane Creek is
2 disappointing though, and does not include the shoreline of the lake, and he wanted to know
3 why. He said north of Cane Creek the route follows on private land, and he wonders how this
4 will work, and if an alternate route will be needed here as well. He noted that it has been two
5 years since the initial meeting on the MTS, and he hoped that the Board would encourage staff
6 to pursue this.
7 Todd Stabley is the Chairman of the Hillsborough Parks and Recreation Board, which
8 passed a resolution supporting the completion of the MTS through Orange County.
9 Carl Shy said he wanted to address the section of the MTS that goes through the
10 OWASA property, and said he owns a football field sized section of land that could serve as a
11 trailhead and parking area at the southern end of the OWASA lands. He said he would like to
12 have the Board's approval to have a group of volunteers, to work with staff and OWASA to
13 route the trail through the OWASA and neighboring properties.
14 Scott Zimmerman said he is here to advocate for the MTS through Orange County. He
15 said this has been a long process, and the Friends of the MTS are here and willing to help in
16 any way possible to help this come to fruition.
17 Heidi Perry said the MTS has been in the planning process for 40 years. She said if it is
18 ready to go, and there is funding, she is not trying to hinder it; but it is her understanding that
19 there are several restrictions on the OWASA property, and obstacles with landowners. She
20 said if alternate routes need to be considered, she hopes the BOCC will consider making the
21 trail a multi-use path, despite the unpopularity of the idea with some hikers. She said Orange
22 County has an opportunity to catch up with Durham and Wake counties with greenways, and
23 she encouraged the Board to give consideration to multi-use trails.
24 Tamara Saunders read a letter from Rob Crook in support of The Great Circle Route,
25 running along the Norfolk-Southern rail line, connecting many areas of Durham and Orange
26 counties. She said the route would also connect to the MTS and the East Coast greenway,
27 which is currently being developed. She said this would serve as a bold step towards multi-
28 modal transportation.
29 Bonnie Hauser said the MTS does not run through her backyard, but she has watched
30 this project divide neighbors for years. She said she called the State Parks and Recreation
31 office and learned that not many people are hiking this trail from end to end, and that Orange
32 County must decide what is best for its citizens. She said the State emphasized the
33 requirement that Hillsborough and Saxapahaw must be connected. She said the County has
34 an abundance of wonderful hiking trails, and she is in support of the County's first greenway.
35 She said she would like to see the trail run through Carrboro and Chapel Hill all the way to
36 Hillsborough and Saxapahaw.
37 Colin Mellor asked if the Board of County Commissioners would weigh all the options of
38 the MTS. He said the piecemeal approach is not good, and a multi-use trail would be better.
39 He asked that the Board look at this alternative to avoid complicated issues with imminent
40 domain. He said the planning map is wrong, and his land is shown as institutional, which it is
41 not. He said this should be corrected.
42 Kate Dixon said she is the Executive Director of the Friends of the MTS. She said within
43 the plan presented tonight, there is the suggestion for staff to partner with the Friends of the
44 MTS, and she said this group is ready and available to do so. She said this group organizes
45 volunteers across the state that build and maintain the trail. She said there are landowners that
46 are willing to work with them on this project. She said the State has prioritized Orange County's
47 portion of the MTS, and there are bond funds available. She said there has been so much
48 progress on the MTS in this area, especially to the east and the west, and she would like to see
49 all parts connected through Orange County.
21
1 Jonie Alexander said she has been involved with the MTS for many years, and she also
2 really likes the rail to trail projects. She said the MTS mission is to bring people out to more
3 remote areas, and she hopes the initial plan will remain intact, and that the County can pursue
4 greenways etc. separately.
5 Bill Boyarsky is a long time MTS volunteer, and he said there are many volunteers to
6 assist with this project.
7 Chester Sykes said he owns some property that may be impacted by the MTS, and he
8 has had no prior knowledge of any MTS meetings up to this point.
9 Glen Gravestreet said he appreciated the work staff has done. He said it would be
10 unfortunate not to have a mechanism in place for landowners who are willing to give easements
11 in advance of a trail segment being built. He said if this was done in advance, the trail could be
12 built without repeated interruption. He said he would like to see more guidance on this topic.
13
14 Commissioner McKee said he assumed that Orange County notified landowners with
15 any land use or zoning changes.
16 David Stancil said staff did notify the initial group, but on going notifications may have
17 ceased if landowners did not participate in any of the OWASA/MTS meetings. He said this is
18 not a zoning procedure or a planning action.
19 Commissioner McKee said but this does affect landowners. He asked if the number of
20 parcels in the swath from the southwestern corner of the County up to Hillsborough is known.
21 David Stancil said there are 23 private landowners along the red line on the map. He
22 said the half-mile wide swath in the MTS master plan involved 230-250 notices initially.
23 Commissioner McKee asked if any of these landowners have expressed any interest of
24 dedicating right of ways.
25 David Stancil said about 15 or 20 out of the 230 and out of the 23 landowners on the red
26 line, perhaps 8 to 10. He said these conversations have yet to begin in earnest.
27 Commissioner Marcoplos said he started having conversations with Rob Crook about a
28 month ago, and said he is planning on coming to a BOCC meeting to share more about his
29 trails to rails vision.
30 Commissioner Marcoplos said he does not see this as a part of the MTS discussion, but
31 as more of a separate project.
32 Commissioner Price asked if staff has sent out notifications to people along all the
33 related trails, or just those in the original swath.
34 David Stancil said outside of the initial mailing, staff has only notified those on the
35 master list of those expressing interest in the trail, or the OWASA list. He clarified that this was
36 simply a report item tonight.
37 Commissioner Price said all people affected should be notified.
38 David Stancil said now that there are more refined lines on the map, those in need of
39 notification should be a smaller amount; perhaps 75 property owners.
40 Commissioner Rich said she thinks there are two separate proposed paths: the MTS,
41 and the Rails to Trails path. She said the greenways in Orange County do need to be
42 enhanced, but there should be a focus on the MTS mission versus what a multi-modal path
43 would be. She said she has heard about the MTS forever, and it needs to start moving forward.
44 She said there seems to be a lot of people willing to help.
45 Commissioner Jacobs said a greenway system was proposed 30 years ago, and was
46 met with great resistance. He said when the MTS was raised a decade ago, survey markers
47 were put right next to people's homes, which was a mistake.
48 Commissioner Jacobs said he has been to many meetings over the past years, where
49 people have come and had concerns, and staff has responded promptly. He said it would be a
22
1 good idea to look at OWASA's land and their restrictions, and he is intrigued by the idea of
2 using mitigation property.
3 Commissioner Jacobs said the greenways and the MTS are two different projects. He
4 said a multi-modal path is much better in the right of way, as it is an urban construct. He said
5 trails are better for rural areas, as multi modal paths in rural areas would invite All Terrain
6 Vehicles, which are destructive and noisy.
7 Commissioner Jacobs said the focus should be on getting started on the part of the trail
8 closest to Hillsborough, while smaller groups can look at sub-sections of the trail and advertise
9 that to nearby property owners.
10 Commissioner Jacobs said it is a terrible idea to put a fire ring in a remote location.
11 Commissioner Price asked if the way station is an idea or a concrete plan.
12 David Stancil said it is an idea at this point. He said work is going on at seven-mile
13 creek, and the idea of a way station could involve a well, or water source, a port-a-john or
14 composting toilet, and maybe a place to camp with a fire ring.
15 Commissioner Price said if a multi-use trail is pursued, it should be wheelchair
16 accessible, as much as possible.
17 Commissioner Rich asked if OWASA's various restrictions are consistent with rules
18 across the state and counties, and if hikers will be able to know the varying restrictions from
19 place to place.
20 David Stancil said one of the most important things that is incumbent on sponsored
21 jurisdictions is signage, and when one enters a trailhead in Orange County there will need to be
22 clear, frequent, obvious and concise information about what is/is not allowed.
23 Commissioner Marcoplos said the wilderness trails they create today will be the most
24 valuable in the future, and he agreed with Commissioner Jacobs about starting work on the trail
25 closest to Hillsborough. He said he would like the trail to go closer to the reservoir, and he
26 agreed with talking to OWASA about its restrictions.
27 Commissioner McKee asked David Stancil to put up a map on the screen.
28 David Stancil put up a map of"parkland and conservation areas in Orange County". He
29 said to look at the orange areas of the map, which are County-owned lands or open space; and
30 the light green areas of the map, which are parkland and open space owned by other entities.
31 Commissioner McKee said he is asking about this because residents contacted him
32 about the possibility of using the rail line. He said there is enough right-of-way to run a multi-
33 modal trail. He said he does not see as this being practical, as he doubts there will be enough
34 easements gifted, and that it will run on the road quite a bit. He said he would like to explore
35 the idea of coming out of the Saxapahaw area, possibly up through the southern part of the
36 OWASA lands, and over to Chapel Hill, where there is already an agreement between the
37 primary University of North Carolina campus, and Carolina North. He said there have been
38 preliminary discussions about the use of the rail line easement, as well as Brumley Forrest,
39 Duke Forrest lands, etc. He said there are ways to get from Chapel Hill to Hillsborough, and
40 the current trail along the Eno River, without impinging on nearly as much private property as
41 the western route. He said the MTS is primarily a rural walking area, but here it will be going
42 through an area with 70,000 people. He said a multi-modal trail for this short section would
43 make sense.
44 Commissioner McKee said there are many needs within the County, and funds only go
45 so far. He would like to see as many people served as possible.
46 Commissioner Jacobs asked Kate Dixon if there is an app for hikers.
47 Kate Dixon said yes, and it is available on the Friends of the MTS website as well as a
48 trail guide, with regulations on the different segments.
49 Chair Dorosin summarized the high points.
50 • Revisit their relationship with OWASA
23
1 • Improving communications with landowners who may be impacted
2 • Two trail concepts - continue conversations going forward
3
4
5
6
7 b. Quarterly Update on Durham-Orange (D-O LRT) Light Rail Project Status
8 The Board received a quarterly update on the status of the Durham-Orange Light Rail
9 project as required by the Cost Share Agreement between Durham County, Orange County,
10 and GoTriangle.
11
12 BACKGROUND:
13 On April 27, 2017, the Board of Orange County Commissioners adopted the Interlocal Cost
14 Sharing Agreement for the Durham-Orange Light Rail Transit Project as well as the Orange
15 County Transit Plan. These agreements allowed GoTriangle to provide updated financial
16 information to the Federal Transit Administration in support of GoTriangle's application to enter
17 the engineering phase of the project. On July 28, 2017, GoTriangle received approval from the
18 FTA to enter the New Starts Engineering phase of the Capital Investment Grant Program. The
19 Cost Sharing Agreement requires GoTriangle to provide quarterly reports to the Federal Transit
20 Administration (FTA), Durham County, Orange County, and the Durham-Chapel Hill Carrboro
21 Metropolitan Planning Organization (DCHC MPO) when the project was approved to enter
22 engineering. This report represents the first quarterly report since engineering approval was
23 secured.
24
25 Danny Rogers, D-O LRT Project Director made the following PowerPoint presentation:
26
27 Durham-Orange Light Rail Project Status
28
29 D-O LRT Approved by FTA to Enter Engineering Phase!
30 • Our Region on Track for over $1 Billion in Federal Investment
31
32 Approval into Engineering
33 • Project may continue development and design, and remains eligible for federal
34 reimbursement when an FFGA is executed
35 • Project receives greater oversight and guidance from FTA •
36 • Project will be rated each year for inclusion in FTA Annual Report
37 • Key Observations about rating
38 — Medium is the threshold for FTA recommendation for funding
39 — We are currently evaluating FTA recommendations for areas for
40 improvement to address in our next submission
41 • Approval of project into Engineering is a big accomplishment and is really good news
42
43 Key Milestones
44 • Get recommended in FTA Annual Report for Funding
45 • Be included in the State Transportation Improvement Program
46 • Sign FTA Full Funding Grant Agreement (FFGA)
47
48 Anticipated Schedule
49 • Annual Report Funding Sep 2018 Recommendation (Sep 2017)
50 • STIP Draft Dec 2018
24
1 • STIP Final June 2019
2 • Sign FFGA Jan 2020 (Sep 2019)
3
4 Financial Status Update
5 • FTA has accepted $2.476 billion as the New Starts Project Cost and has confirmed the
6 50% CIG share.
7 • DCHC MPO submits the project for SPOT 5.0 this month to be eligible for funding in the
8 2020-29 NCDOT STIP.
9 • GoTransit Partners has been officially established as a NC nonprofit organization and
10 will engage in fundraising for transit in the region.
11 • Planning is underway for a capital campaign in support of the Project.
12
13 Current Project Status/Activities
14 • General Engineering Consultant (GEC) is advancing designs/resolving remaining
15 alignment questions
16 • Program Management Consultant (PMC) providing technical expertise
17 — Project Scheduling
18 — LRT Technical Resources
19 — Property Acquisitions
20 • Construction Management Consultant Contract Approval Anticipated in October or
21 November
22
23 What is the Engineering Phase?
24 • The next step after project development
25 • The last step before construction
26 • The study of proposed updates
27 • Where do proposals come from?
28 • How are proposals evaluated?
29 • Who decides which proposed updates are incorporated into the project?
30
31 Gateway Station (photo)
32
33 Patterson Place (photo)
34
35 University Drive (photo)
36
37 September Public Meetings
38 • September 26th from 4-7pm at the Hayti Heritage Center 804 Old Fayetteville St,
39 Durham, NC 27701
40 • September 28th from 4-7pm at Extraordinary Ventures 200 S Elliott Rd, Chapel Hill, NC
41 27514
42 • These meetings will provide general project updates, including information on current
43 design considerations.
44
45 Commissioner McKee asked if conversations are ongoing with the Legislature about the
46 reinstatement of picking up the 25% funding.
47 Danny Rogers said he would be happy if they did, but right now it is at 10%.
48 Chair McKee asked if GoTriangle is in discussion with individual legislators, as it takes
49 individual votes to make these changes.
25
1 Danny Rogers said that would be an administrative discussion.
2 Commissioner Jacobs asked him to provide the Board with a list of the subcontractors
3 that are from Orange County.
4 Commissioner Jacobs referred to Patterson Place and Gateway, and said they are
5 covered in the Orange County transit plan, and he is waiting to hear what the New Hope Creek
6 Corridor Advisory Committee has to say about Patterson Place before he has an opinion. He
7 said he understands the improvements that are possible, and the Durham Planning restrictions.
8 Commissioner Jacobs referred to the Gateway Station, and said two things were
9 mentioned: shifting the station to the west, which is already being done; and Orange and
10 Durham counties pursuing strategic economic development partnerships around the sites of
11 these two stations (Gateway and Woodmont). He said there has been a misunderstanding,
12 and GoTriangle staff has only been working with the Town of Chapel Hill on the Gateway
13 Station. He said the Board clarified this error with the Town last week, and he hopes
14 GoTriangle will also start working with the counties.
15 Danny Rogers said he has shared that information, and GoTriangle will work with
16 everyone on this.
17 Commissioner Jacobs said the rest of the Board of County Commissioners was not
18 present at the meeting where these discussions occurred, and he wanted for all of them to hear
19 this.
20 Commissioner Rich said it is more than just sharing information and Orange County
21 wants to be at the table every step of the way.
22 Commissioner Marcoplos asked if there is a timeline for the process of relocating the
23 stations.
24 Danny Rogers said the Gateway Station will be worked on in November, and the
25 Patterson Place Station in October. He said the two-car platform will also be discussed at the
26 October meeting. He said the additional station may take a bit longer, and should be discussed
27 at the end of this year, or January 2018.
28 Commissioner Marcoplos said when the Board voted on this, one of the key points for
29 him was the 500-acre land around the Gateway Station, and he wants to stay on top of this. He
30 asked if there could be a work session after the first of the year, once the station locations are
31 all moved.
32 Danny Rogers said he would pass along this feedback, and try to schedule such a
33 meeting.
34
35 8. Consent Agenda
36
37 • Removal of Any Items from Consent Agenda
38 • Item c- Commissioner Jacobs
39 • Item e- Commissioner Price
40
41 • Approval of Remaining Consent Agenda
42 A motion was made by Commissioner McKee, seconded by Commissioner Rich to
43 approve the remaining items on the Consent Agenda.
44
45 VOTE: UNANIMOUS
46
47 • Discussion and Approval of the Items Removed from the Consent Agenda
48
49 c. Seal the Seasons, Inc. Lease— 501 W. Franklin Street - Suites 105 and 106
26
1 The Board considered: 1) approving a two year Lease Agreement with Seal the Seasons, Inc.
2 for 1,704 square feet of administrative office space within Suites 105 and 106 of the County
3 owned Bentley Building located at 501 West Franklin Street in Chapel Hill; and 2) authorizing
4 the Chair to execute the Resolution for Lease and the Lease Agreement upon final County
5 Attorney review.
6
7 Commissioner Jacobs said he wanted to highlight this, as it is an example of something
8 the Board wanted to achieve as part of its economic development goals.
9
10 A motion was made by Commissioner Jacobs, seconded by Commissioner Rich to
11 approve approving a two year Lease Agreement with Seal the Seasons, Inc. for 1,704 square
12 feet of administrative office space within Suites 105 and 106 of the County owned Bentley
13 Building located at 501 West Franklin Street in Chapel Hill; and 2) authorize the Chair to
14 execute the Resolution for Lease and the Lease Agreement upon final County Attorney review.
15
16 VOTE: UNANIMOUS
17
18 e. Orange Public Transportation (OPT) Mid-day Connector Route Fee Waiver for "Try
19 Transit" Campaign
20 The Board considered approving the waiver of all rider fees for OPT's Mid-day Connector Route
21 during the week of October 23 through 28, 2017 in support of the "Try Transit" Campaign led by
22 the Healthy Carolinians' Access Committee.
23
24 Commissioner Price asked if the times of the waiver, for this promotion, could be
25 identified, and if it could be expanded to all day.
26 Theo Letman, Transit Director, said it will be for the entire Hill-to-Hill route. He said the
27 circulator service already has no fare. He said this will be all day, for that week.
28
29 A motion was made by Commissioner Price, seconded by Commissioner Rich to
30 approve the waiver of all rider fees for OPT's Mid-day Connector Route during the week of
31 October 23 through 28, 2017 in support of the "Try Transit" Campaign led by the Healthy
32 Carolinians' Access Committee.
33
34 VOTE: UNANIMOUS
35
36 a. Minutes None
37 b. Pass-Through Agreement for the Allocation, Disbursement and Accounting of Section
38 5310 (Elderly and Individuals with Disabilities) Funds
39 The Board approved the Pass-Through Agreement submitted by the City of Durham for the
40 Federal Transit Administration funding that Orange County has been awarded to support the
41 Department on Aging's Mobility Management project for the Allocation, Disbursement and
42 Accounting of the Section 5310 Funds and authorize the Chair to sign the Agreement.
43 d. 401 Valley Forge Road Property Lease Modification — Builders FirstSource
44 The Board: 1) approved a Lease Modification to Builders FirstSource that provides a 10 year
45 lease extension with two 5 year renewal options for County owned property located at 401
46 Valley Forge Road, Hillsborough; and 2) authorized the Chair to execute the Resolution for
47 Lease and the Lease Modification upon final review of the County Attorney.
48
49 Chair Dorosin asked if the scheduled closed session is time sensitive, or can it be
50 deferred to another time.
27
1 Bonnie Hammersley suggested having a closed session after the September 28th
2 meeting with the schools. She said this session if about the Southern Branch Library, and
3 Carrboro is talking about this item this evening, and postponing the closed session to next week
4 is sufficient.
5 The Board agreed by consensus to postpone the closed session.
6 Bonnie Hammersley said the Sheriff also has an item to add to the closed session next
7 week.
8
9 9. County Manager's Report
10 NONE
11
12 10. County Attorney's Report
13 NONE
14
15 11. *Appointments
16 NONE
17
18 12. Information Items
19 • September 5, 2017 BOCC Meeting Follow-up Actions List
20 • BOCC Chair Letter Regarding Petitions from September 5, 2017 Regular Meeting
21
22 13. Closed Session
23
24 DEFERRED UNTIL SEPTEMBER 28th
25
26 "Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in
27 order to preserve the attorney-client privilege between the attorney and the Board."
28
29 14. Adjournment
30 A motion was made by Commissioner Jacobs, seconded by Commissioner Price to
31 adjourn the meeting at 10:36 p.m.
32
33 VOTE: UNANIMOUS
34
35 Mark Dorosin, Chair
36
37
38 Donna Baker
39 Clerk to the Board
40