HomeMy WebLinkAboutMinutes 06-04-19 Regular Meeting 1
APPROVED 09/03/2019
MINUTES
BOARD OF COMMISSIONERS
REGULAR MEETING
June 4, 2019
7:00 p.m.
The Orange County Board of Commissioners met in regular session on Tuesday, June 4,
2019 at 7:00 p.m. at the Whitted Human Services Center in Hillsborough, N.C.
COUNTY COMMISSIONERS PRESENT: Chair Penny Rich and Commissioners Jamezetta
Bedford, Mark Dorosin, Sally Greene, Earl McKee, Mark Marcoplos, and Renee Price
COUNTY COMMISSIONERS ABSENT: None
COUNTY ATTORNEYS PRESENT: John Roberts
COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
Travis Myren, and Clerk to the Board Donna Baker (All other staff members will be identified
appropriately below.)
Chair Rich called the meeting to order at 7:01 p.m.
1. Additions or Changes to the Agenda
Chair Rich noted the following items at the Commissioners' places:
- PowerPoint for Item 4-c Voluntary Agricultural Districts
- PowerPoint (one PowerPoint) for Items 4-d, e, f
- PowerPoint for Item 5-c
- PowerPoint for Item 6-a
Chair Rich said she received a request to move 8-f forward to after item 4-b.
A motion was made by Commissioner McKee, seconded by Commissioner
Marcoplos to move item 8-f up to after item 4-b because the property is in attendance.
VOTE: UNANIMOUS
PUBLIC CHARGE
Chair Rich acknowledged the public charge.
Arts Moment
Tinka Jordy, Arts Commission member, introduced the artist:
Dee Stribling is a poet focusing on culture and landscape. Her poems are tributes to friends and
places embodying the strength, struggle, and beauty of rural and small town settings. The
author of several poetry chapbooks, recent publications include poetry in this spring's edition of
NC Coastwatch. In addition to poetry, she's currently working on a memoir about her childhood,
a documentary about a very special softball team, and a children's book. She enjoys mixing up
a Ph.D. in Geography, and 30+ years at SAS Software with a passion for helping others find
their poetry and writing path.
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Dee Stribling thanked the Board of County Commissioners (BOCC) for its service to
the community, then read three short poems: "Little Girl Morning" about a very young
person; "Old Will" about an older person; and "Words" to remember both.
Chair Rich introduced Bonnie Hammersley, who introduced Todd McGee, to introduce
the graduating class of the County Government Academy.
Todd McGee, Community Relations Director, said this is the second graduating
class and they have toured facilities, heard presentations from the different county
departments, and participated in budget exercises. He then recognized the members of the
class.
2. Public Comments
a. Matters not on the Printed Agenda
Larry Shirley read the following statement:
• Resident of Carrboro
• Chairman, Interstate Renewable Energy Council
• Former Director, NC State Energy Office
• Former Founding Director, NC Clean Energy Technology Center
Madam Chair and Members of the Commission,
My name is Larry Shirley and I reside in Carrboro, my family's home for the last 14
years. I serve as the Chairman of the Interstate Renewable Energy Council, a national nonprofit
working to advance clean energy in states across the U.S., including North Carolina. I am the
former Founding Executive Director of the NC Clean Energy Technology Center, the former
Director of the NC State Energy Office, and the former Director of the Green Economy for NC. I
have spent the entirety of my 40-year career working to ensure a sustainable energy future.
The proposal before you to increase the property tax by one-quarter of a percent to
provide additional funding for addressing climate change in our county is one of the most
significant long-term climate measures that I have seen before local government bodies in NC.
I applaud Commissioner Marcoplos for proposing this measure and wholeheartedly endorse it.
It has the potential, although modest in taxpayer impact, of placing Orange County on the map
as the leader in North Carolina in placing a dedicated revenue source behind the
implementation of its plans to greatly reduce carbon emissions and increase the contribution of
renewable energy.
Many communities and counties across the U.S. have set goals for carbon reductions
and renewable energy contributions. However, in the South, I am not aware of any counties to
yet allocate a dedicated part of their tax base to putting real dollars behind those goals. Many
appear to be set for political expedience with little intention of getting serious in actually
addressing the many opportunities in energy efficiency and renewable energy that exist before
them. With enactment of this measure into the 2019-2020 budget, Orange County has the
unique opportunity to demonstrate the will—the political spine, to be more direct—that will be
needed to put your goals into action.
I have reviewed the possible measures that have been compiled as examples of how
this funding could be used to produce real, tangible results in carbon reductions through energy
efficiency and renewable energy generation. I have managed many similar programs to those
outlined in my previous state positions and can attest to the fact that they are sound and highly
doable. Many of them will yield economic savings to the county budget and reductions in utility
costs that will more than return the taxpayer investment over time.
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And, finally, please do not get hung up on the fact that this measure was not offered in
the very beginning of the budget cycle. The fact that you have it before you is a unique
opportunity and challenge to greatly advance the county's work in addressing climate change.
Please incorporate this measure into the County's budget when you deliberate and vote over
the coming two weeks. On behalf of your constituents, show them that you are truly serious
about addressing the greatest single challenge facing our society today.
Thank you for the opportunity to provide comments.
Kim Piracci agreed with the previous speaker, and said to please do this. She said
she liked Commissioner Marcoplos' suggestion to increase the property tax by '/4 cents to
fund climate change projects
Melissa McCullough said she is an environmental specialist, and she echoed the
comments of Larry Shirley, and said there is only a short time to target climate change.
She said the best predictor of greenhouse footprint is wealth, with the United States leading
the way. She said this is a small tax increase, and they are well past an ounce of
prevention. She said this modest tax will be a jumpstart, but the benefits will be significant.
Bill Ward said Orange County residents and businesses use about 3000 GW hours
of energy yearly, to operate and maintain their homes and buildings, and 72% of this
energy is from fossil fuels. He said Commissioner Marcoplos has realized that the County
needs to reduce the usage of fossil fuels. He said the County can decarbonize electricity
generation, increase energy efficiency of residents and businesses, and can promote
electrification of buildings and houses that use natural gas. He said he would like to see
Duke Energy commit to be carbon free by mid-century, as many other energy providers
around the country are doing so. He said utility-scale solar and wind energy are less
expensive and more efficient than installing solar panels on individual homes. He said he
supports Commissioner Marcoplos' proposal.
Sally Robertson said she is the Solar Projects Coordinator for NC Warn, and is a
homeowner in Carrboro. She praised the BOCC for being willing to take action on climate
change, and wished the federal government and energy providers would do the same.
She said clean energy creates jobs, reduces energy bills, and is better for our health.
Lauren Nyland said she lives in Carrboro, and thanked the BOCC for being
proactive. She said energy efficiency has decreased her energy bills at her own house.
She read the following letter from Kathy Kaufman, who could not attend this evening's
meeting:
Dear Commissioners,
I write to strongly support Commissioner Marcoplos' proposal for a 1/4-cent tax increase
to fund county efforts to combat climate change. I will be out of town and unable to make these
comments in person, so am writing you all today.
Many of the proposals identified by the county sustainability director will save Orange
County money going forward, while at the same time help to reduce the County's carbon
footprint in line with its commitment under the Global Covenant of Mayors. This is smart policy
and simply requires a small upfront investment.
In addition, in order for the entire state of NC to take climate change seriously and
reduce statewide carbon emissions, we need to push Duke Energy away from its planned
massive investments in natural gas infrastructure and toward the energy of the 21st century
being pursued by utilities around the country.
Renewable energy has now crossed the threshold of being less expensive for
ratepayers; but fossil fuel infrastructure creates greater profits for Duke Energy, at the expense
of ratepayers, under its antiquated 20t" century business plan.
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One important way to push Duke Energy to change its fossil fuel plans is to reduce our
countywide carbon footprint and render them unable to argue that energy use is likely to rise
and require new centralized fossil fuel baseload dinosaurs.
The proliferation of energy efficiency measures, solar, and storage in Orange County will
do just that.
Thank you for your time.
-Kathy Kaufman
Donell Kerns said many of her comments have already been made, and she
supports Commissioner Marcoplos' proposal and wishes the increase would be more
significant. She shared a quote from Greta Thernburg, a teen climate activist: "we need to
focus every inch of our being on climate change, because if we fail to do so then all our
achievements and progress have been for nothing, and all that will remain of our political
leaders' legacy will be the greatest failure in human history."
Tom Farkas thanked Commissioner Marcoplos for this initiative. He emphasized if
national leadership is in denial about climate change, then state and local governments
need to step up. He said these projects are investments in their community. He said this
proposal is a win-win, and the tax increase should be more.
Jean Hamilton said she is here to talk about the proposed amendment to reduce the
Chapel Hill Carrboro City Schools (CHCCS) district tax, and she wants to keep it as is. She
said this has been brought up before years ago. She said the BOCC does not provide
resources by limiting funding, and this is an issue of funding both school districts instead of
just reducing this tax.
Mark Smith said he lauds Commissioner Marcoplos' proposal, and he held up two
examples of electric car technology. He said this technology is largely out of reach for
many, because there are no more tax incentives or pilot projects in place. He said he
hopes some of this funding can go to spur on more creative solutions in the future.
Suzy Lawrence said she supports Commissioner Marcoplos' proposal. She said
she is part of Seniors and Law Enforcement Together (SALT), and has visited many rural
households and this tax would help them weatherize their homes. She said she just
returned from Haiti, where they took solar panels and light kits. She said this community is
eager for solar energy. She said Orange County needs solar energy on County buildings,
and that which is done in the United States has impact on the entire world.
Mary Parry said she has been an organizer in Orange County for many years, and
climate change has been one of her hardest challenges. She is supportive of
Commissioner Marcoplos' proposal of a tax increase. She said Orange County needs to
lead, and this can be a teaching moment.
Joal Broun, CHCCS Board Chair, said she is speaking on behalf of her Board, and it
has determined it is bad short-term policy to not fund the district at least at the continuation
level. She said the district is trying to meet the needs of all of its students, and investing in
education is an investment in their future. She said both school districts are the 2"d and 3ra
largest employers in the community, and people move to this community because of the
schools. She said CHCCS has worked hard to put sustainability programs in place to
reduce its carbon footprint. She said CHCCS would prefer to receive full funding, but if the
BOCC cannot maintain the current level of funds, the CHCCS ask that the County find ways
to support students and families with resources for mental health needs, summer
programming, and safety. She said without the continuation budget, some positions will
have to be frozen, as the district plans to emphasize maintaining teachers in the classroom.
Edward Mann said he is here on behalf of his aunt and mother, who both own
property near for the Mountains to Sea trail (MST). He said he would like to speak about
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the possible purchase of 13 acres from Eric Knight at the corner of Highway 54 and
Mebane Oaks Road for the potential for a MST hub. He said in August 2016, OWASA
approved conditions for the land use for routing of the trail on its property. He said there
were a few provisions in the agreement that will prohibit the trail from going across property
that adjoins the property being pursued for purchase. He said the first provision from
OWASA is that the trail shall be 50 feet from full pull reservoir, which is based on the
Jordan Lake Watershed rules. He said there are areas of this property where OWASA only
owns 25 feet. He said the second provision is that the trail be 50 feet from neighboring
property owners. He said if this cannot be achieved, the County is to work with the property
owner to create an agreement. He said no one has contacted his mother or aunt to discuss
their neighboring properties, but his aunt and his mother have told him that they will not
agree to any terms or conditions. He asked if the BOCC would reconsider, and not
proceed with the purchase of this property, as it will not be able to serve the purpose for
which it was purchased.
Paul Werner said he is opposed to Commissioner Marcoplos' proposal. He said he
has lived in Hillsborough for 30 years, and he has seen his property taxes only go up. He
said the Board should look at ways to reduce tax increases, and this is not an efficient use
of their taxes.
John Lestina said he wanted to talk about pollution issues. He said his neighbors do
not see this as being important, but it has been deemed critical by governments and
researchers for many years. He said he is supportive of Commissioner Marcoplos'
proposal.
Anna Richards said she wanted to talk about the budget process and transparency.
She said she is concerned that all budget amendments made by the Board of County
Commissioners should be available to the public up to two weeks in advance of the budget
adoption.
b. Matters on the Printed Agenda
(These matters will be considered when the Board addresses that item on the agenda
below.)
3. Announcements, Petitions and Comments by Board Members
Commissioner Dorosin petitioned that staff put amendments online as the Manager
gets them.
Bonnie Hammersley said this information will be online tomorrow, and does not
need to be listed as a petition.
Commissioner Dorosin said there is information in the news about the toxicity of
Round Up pesticide, and he petitioned that if Orange County uses it, it should be banned.
He said he would also like to get a copy of Carrboro's policy.
Commissioner Dorosin petitioned the Board to have a conversation in the fall about
the process of possibly banning single-family zoning. He said a lot of jurisdictions around
the country are banning or have banned single-family zoning. He said single-family zoning
was devised to prevent African Americans from living in residential neighborhoods. He said
he would like to talk about this in order to ban it, as this can have an impact on housing
diversity, affordability, gentrification, etc.
Commissioner Dorosin said his amendment about the CHCCS district tax is being
misrepresented, and it does not mean there will be a loss of school funding. He said the
County funds the schools via a per pupil amount, which is the same across the County. He
said CHCCS has a special district tax, which brings in $20 million, which leads to each
student in CHCCS receiving an additional $2000 per pupil. He said his proposal is to
reduce the inequity, and the CHCCS should come down 1 cent, and the countywide tax
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would go up 1 cent. He said the County money is distributed by pupil allocation, with a
60/40 split between CHCCS and Orange County Schools (OCS). He said this would not
lead to a loss of funding, but rather an increase.
Commissioner Marcoplos had no comments.
Commissioner Price said she attended the Durham-Chapel Hill-Carrboro
Metropolitan Planning Organization (DCHC MPO) and the Capital Area MPO (CAMPO)
joint quarterly meeting, and there is a regional effort to move forward together.
Commissioner Price said the Efland community met with planning staff, and that is
moving forward.
Commissioner Price asked the County to reserve seats for particular ethnic/ racial
groups on various boards and commissions. She said having these voices heard on
certain boards is important.
Commissioner Price echoed what Commissioner Dorosin said about single-family
housing.
Commissioner Price said the North Carolina Association of County Commissioners;
Board of Directors (NCACC BOD) had a meeting this past weekend, and a committee was
put together to look at the LMEMCOs. She said this recommendation will be sent to
Secretary Cohen, and if Orange County wants to change, a letter can be written to
Secretary Cohen.
Commissioner Bedford said last week she did two one-hour webinars on tailored
plans and phase 1, which Orange County begins on November 1, 2019. She said those
receiving Medicaid services for mental health and/or substance use disorder should receive
letters about their providers at the end of June or early July.
Commissioner Bedford requested for Chair Rich to resend the Board letter to Cohen
with a highlight.
Commissioner Greene said she had no comments.
Commissioner McKee said he thought these budget amendments were available to
the public until this past weekend, and he endorsed Commissioner Dorosin's petition. He
said he realized this document is just the intent of the Board, but the lack of information
intimates a lack of transparency, and anyone that has any comments on Commissioner
Marcoplos' (or any other proposed amendment)will be unable to speak until the night of the
budget adoption. He said it is rare to make adjustments to the budget on the final night.
Commissioner McKee said there is an amendment for a 13% increase to the Board
of County Commissioners salaries, which would amount to a 40% cumulative increase in
salaries since 2015-2016, with a 30% reduction in formal meetings.
Chair Rich said Carrboro is celebrating Pride Month this month.
Chair Rich met with the various Mayors and Managers about the Greene Tract, and
there will be a joint community meeting in September. She said Mayor Hemminger said
she would put this item to a vote on the Chapel Hill Town Council at the end of September.
Commissioner Dorosin asked if the specifics of that, on which Chapel Hill will be
voting, are known.
Chair Rich said it would be on that which Carrboro and the County have already
voted: reconfiguring the Greene tract.
Chair Rich said if there is something on the agenda that affects the towns, she has
asked the clerk to send that item to the towns' clerks. She said she would like this practice
to exist both ways.
Commissioner Price referred to the energy tax proposal, and asked if Bonnie
Hammersley would find out more about weatherization program.
Bonnie Hammersley said yes.
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Commissioner McKee requested that the Board of County Commissioners recuse
him for item 4-c since one farm belongs to his family, and will sit out the entire process for
that item.
A motion was made by Commissioner Price, seconded by Commissioner Marcoplos
to accept this recusal.
John Roberts said this recusal should only be for the McKee Farm Voluntary
Agricultural District (VAD).
VOTE: UNANIMOUS
4. Proclamations/ Resolutions/ Special Presentations
a. Proclamation Recognizing Albert Lindy Pendergrass
The Board considered voting to approve a proclamation recognizing the life and services of
Albert "Lindy" Pendergrass for the people of Orange County and authorize the Chair to sign.
BACKGROUND: Lindy Pendergrass was a law enforcement leader and throughout his life
worked tirelessly to keep the Orange County community safe. Lindy Pendergrass served 26
years in the Chapel Hill Police Department and 32 years as the elected Sheriff of Orange
County. At the time of his retirement in 2014, Sheriff Pendergrass was the oldest and longest
serving Sheriff in the State of North Carolina.
Chair Rich read the Proclamation:
ORANGE COUNTY BOARD OF COMMISSIONERS
PROCLAMATION RECOGNIZING
ALBERT LINDY PENDERGRASS
WHEREAS, Albert "Lindy" Pendergrass was a law enforcement leader in Orange County and
throughout his life worked tirelessly to protect and serve the people of Orange County; and
WHEREAS, Lindy Pendergrass was born and grew up in Orange County as the son of a police
officer; and
WHEREAS, Mr. Pendergrass served in the United States Marine Corps for 4 years; and
WHEREAS, Lindy Pendergrass joined the Chapel Hill Police Department in 1956 and served for
26 years, working his way up the chain of command to the rank of Major; and
WHEREAS, Lindy Pendergrass was elected Sheriff of Orange County in 1982 and served in
that capacity for 32 years until his retirement in 2014; and
WHEREAS, at the time of his retirement, Sheriff Pendergrass was 81 years old, making him the
oldest and longest serving Sheriff in the State of North Carolina; and
WHEREAS, Lindy Pendergrass was recognized by the Governor of North Carolina with
induction into The Order of the Long Leaf Pine in 2013; and
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WHEREAS, Lindy Pendergrass served the people of Orange County in a law enforcement
capacity for 58 years; and
WHEREAS, our entire community mourns the passing of Lindy Pendergrass on May 19, 2019
and expresses our sincere sympathy to his wife, Sue Copeland Pendergrass, and family and
friends;
NOW, THEREFORE, we, the Orange County Board of Commissioners, on behalf of the
residents of Orange County, express our deep appreciation, gratitude and respect for Lindy
Pendergrass, who over his lifetime provided over a half a century in law enforcement, protecting
the residents and visitors of Orange County.
This the 4th day of June 2019.
A motion was made by Commissioner McKee, seconded by Commissioner Price for
the Board to approve and authorize the Chair to sign the proclamation.
VOTE: UNANIMOUS
b. Proclamation Recognizing Lee Pavao
The Board considered voting to approve a proclamation recognizing the life and
services of Lee Pavao for the people of Orange County and authorize the Chair to sign.
BACKGROUND: From dedication to improving the lives of children and older adults, to
leadership in advancing smart, sustainable economic development, and to being a champion for
parks and recreational assets, Lee Pavao was a strong advocate for Orange County and North
Carolina.
Lee Pavao served Orange County through multiple volunteer and leadership programs including
the Orange County Task Force for Senior Needs in Southern Orange, the Chapel Hill Senior
Center, the Robert and Pearl Seymour Center, the Chapel Hill Parks and Recreation
Commission, the Public Library Board and Foundation, the Ronald McDonald House, the
Orange County United Way, and the Orange County Visitors Bureau. Mr. Pavao also served on
the Chapel Hill Town Council for two terms and as Chapel Hill Mayor Pro Tern from 2000-2001.
Mr. Pavao was a long time Orange County volunteer and civic leader.
The Board of Commissioners joins with County residents in mourning the passing of Mr.
Pavao at his home on May 13, 2019 surrounded by family.
Janice Tyler, Department on Aging Director, read the Proclamation:
ORANGE COUNTY BOARD OF COMMISSIONERS
PROCLAMATION RECOGNIZING
LEE PAVAO
WHEREAS, through his tireless work in various sectors of the community, Lee Pavao served
Orange County on multiple community and leadership programs; and
WHEREAS, a graduate of the University of Massachusetts Dartmouth, Lee joined J. Walter
Thompson Company in New York and was assigned to the Miami office before being called to
serve with the US Army at Fort Benning from 1956-1958; and
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WHEREAS, Lee and his wife Joan retired to Chapel Hill, NC in 1988, and while Joan passed
away in 1990, Lee used his years of award winning advertising and business skills to dedicate
countless hours to the Orange County Department on Aging, including the Orange County Task
Force for Senior Needs in Southern Orange, the Chapel Hill Senior Center and the Robert and
Pearl Seymour Center; and
WHEREAS, Mr. Pavao also served the community through his work with the Chapel Hill Parks
and Recreation Commission, the Public Library Board and Foundation, the Ronald McDonald
House, the Orange County United Way, and the Orange County Visitors Bureau; and
WHEREAS, Lee was elected to the Chapel Hill Town Council for two terms, serving as Chapel
Hill Mayor Pro Tern from 2000-2001; and
WHEREAS, Lee was an active Board Member of the Orange County Visitors Bureau for many
years, growing Orange County jobs and the economy through tourism; and
WHEREAS, Lee had great passion for his work with older adults to bring a modern one-stop-
shop senior center to Chapel Hill, which culminated in 2007 with the opening of the Robert and
Pearl Seymour Center; and
WHEREAS, in 2012, Mr. Pavao received the Order of the Long Leaf Pine award for his 30 years
of volunteer service in Orange County; and
WHEREAS, Lee Pavao, a long time Orange County volunteer and civic leader, died at his home
on May 13, 2019 surrounded by family; and
WHEREAS, Lee's sense of humor, generosity, and compassion for others will be greatly
missed;
NOW, THEREFORE, we, the Orange County Board of Commissioners, on behalf of the
residents of Orange County, express our deep appreciation, gratitude and respect for the
services rendered by Lee Pavao to the County and beyond over the course of his lifetime.
This the 4th day of June 2019.
A motion was made by Commissioner Price seconded, by Commissioner Bedford
for the Board to approve and authorize the Chair to sign the proclamation.
VOTE: UNANIMOUS
His daughter thanked the Board of County Commissioners for recognizing her father
being a force a nature, and he had such a kindness and no malice in this man. She
thanked them for giving him the conduit for doing his work. He did not judge and on behalf
of her family, they have such gratitude to the Board for giving him this second life after his
wife died.
8-f Tax Refund Request—John C. Guibert III (MOVED UP)
The Board will consider a resolution denying a refund request submitted by John C.
Guibert III.
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John Guibert said he and his wife are here for a property tax refund. He said he
received a call from staff today that they would be recommending a denial of this request.
He said this was a surprise because they had thought it was going to be approved. He
asked if it fair or legal to tax people for property they do not own. He said the property they
do not own belongs to Lake Orange, Inc. He said Lake Orange, Inc. has been charged with
that tax since the 1976, and he and his wife have been charged since they moved there in
2002, which is double taxation. He said he and his wife discovered this issue last year, and
County staff has been aware of this situation for a long time. He said staff told him to
conduct and file a new survey, which he did. He said staff accepted the survey, and he is
requesting a refund of taxes for the past 5 years, which is the longest amount possible, per
the statute of limitations.
Dwane Brinson, Tax Administrator, said the deed on this property conveys the area
between 615 and 620, and the issue all along has been that staff cannot determine where
the 615 and 620 line is. He said Lake Orange is taxed on 43-50 acres between the 615
and 620 lines, but staff has never known where these lines are. He said to correct the
issue, property owners are being asked to get a new survey to prove the boundaries of the
land. He said the Guiberts have had a survey completed, and once the public record is
corrected, the files can be updated. He said the Guibert's property was updated in
February 2019, and property tax is as of January 1, 2019. He said the issue is corrected,
but staff cannot support going back 5 years retroactively to pay these refunds.
John Roberts said the land records do not demonstrate clear ownership, and create
a lapage issue (overlapping and conflicting ownership claims). He said this could be
clarified through a quiet title action, possibly through some extensive title work between the
landowners around Lake Orange and Lake Orange, Inc. He said he has been unable to
justify retroactive repayment of taxes pursuant to statute.
Judith Guibert said it is important to remember that Lake Orange has been paying
taxes on this property also, which is double taxation.
Commissioner Marcoplos asked if there have been similar issues with other
property owners in the same area.
Dwane Brinson said yes, several families have provided updated surveys, and staff
has updated the records moving forward; but none going back retroactively.
John Roberts said the Guiberts did provide a survey, and it showed a new property
line for them, but only shows an access easement on the other side, as opposed to a
different landowner.
John Guibert said a detailed survey was filed in February 2019, which was accepted
by County staff. He said staff had an opportunity to resolve this back in the 1980s, but did
not. He said what he has submitted is accurate and he is seeking a refund from 2014.
John Roberts said it does show a new line, but it shows an easement instead of
ownership.
Commissioner Dorosin asked if, going forward, these folks will not get taxed on this
property.
Dwane Brinson said that is correct.
Commissioner Dorosin asked if the Guiberts use the land, maintain it, etc.
John Guibert said egress and ingress, and pays a recreational fee to Lake Orange,
Inc. to get to the lake, and Lake Orange, Inc. retained ownership of the strip of land
between his property and the lake. He said he knew he did not own the land, but he did not
know he was being taxed on it.
Commissioner Dorosin asked Dwane Brinson if both parties have paid taxes on this
land.
Dwane Brinson said staff has been unable to determine this, and has never known
the location of the 615/620 line around the Lake. He said Lake Orange, Inc. has been taxed
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on a set number of acreage, per the deed, and owns between 615 and 620, but there is
nothing on record contradicting the 1973 survey of the original subdivision.
Commissioner Price asked if the statute of limitations could be explained.
Dwane Brinson said one can request a refund up to 5 years, if there was a clerical
error or an illegal tax.
Commissioner Price asked if the statute is applicable in this case.
Dwane Brinson said the County has been taxing the property based on what is on
public record, which has now been corrected, and the County can correct its records
moving forward.
Commissioner Price asked if there is a process to tax the land.
Dwane Brinson said the Guiberts' tax value has been reduced, due to new survey,
and staff has adjusted the value accordingly.
A motion was made by Commissioner Greene, seconded by Commissioner
Marcoplos to delay the discussion on the refund request submitted by John C. Guibert III
until the Board can receive additional information from the Tax staff.
Commissioner Dorosin said he is unsure what information can be provided, and
staff needs to develop a plan to deal with this issue holistically once and for all, and the
motion should have some instruction within it.
Chair Rich said if the Board reverses this recommendation, there is likely to be other
residents in the area who will make the same request.
Commissioner Dorosin said he would be in favor of awarding the refund, and he
realized there may be others out there like the Guiberts, but if there is a double taxation, the
County has received unjust enrichment.
Commissioner Greene said she would withdraw the motion, and would welcome
other property owners, in the same situation, to come forward as well.
Commissioner Dorosin said there still needs to be a plan to resolve this.
Chair Rich said is it not clear to her that the land it was doubly taxed.
Commissioner Greene said she made the motion because there is much that is not
clear.
Commissioner McKee said the motion is valid, and he wants to know about other
landowners so the County can resolve the issue all at once, as opposed to piecemeal.
Commissioner Greene said her motion is to postpone the vote, in order to learn
more information about the issue.
Commissioner Marcoplos agreed to this friendly amendment.
John Roberts said if there is a double taxation issue, the Guilberts would be entitled
to the five years back payment.
John Roberts said awarding funds, without full details, puts the Board at risk of
personal liability to any taxpayer in the County who wants to challenge this. He said he
does not see this as a high risk, but it is a risk nonetheless. He would recommend pausing
the issue, determining if double taxation has occurred, and award the refund if so.
Commissioner Greene said this does not change the motion, and she agrees.
Commissioner McKee clarified that the motion is to not award anything at this time,
but come back to this after staff reviews the process.
Chair Rich said yes.
Commissioner McKee said he agrees.
VOTE: UNANIMOUS
c. Voluntary and Enhanced Agricultural District Designation: Multiple Farms
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The Board considered applications from six (6) landowners/farms to certify qualifying
farmland within the Caldwell, Cedar Grove, High Rock/Efland, and Cane Creek/Buckhorn
Voluntary Agricultural Districts; and vote to enroll the lands in the Orange County Farmland
Preservation Voluntary and Enhanced Voluntary Agricultural District programs.
Gail Hughes, Soil Conservationist, and Commissioner McKee will recuse themselves
when talking about the McKee Farm.
BACKGROUND: Orange County's Voluntary Farmland Preservation Program started in 1992.
There are 109 farms in both the Voluntary Agricultural District (VAD) and the Enhanced
Voluntary Agricultural District (EVAD) program totaling 14,303* acres as of December 2018.
The County's Voluntary Farmland Protection Ordinance (VFPO) outlines a procedure for the
Agricultural Preservation Board to review and approve applications for qualifying farmland, and
to make recommendations to the Board of Commissioners concerning the establishment and
modification of agricultural districts. Section VII of the VFPO contains the requirements for
inclusion in a voluntary agricultural district. To be certified as qualifying farmland, a farm must:
a) Be located in the unincorporated area of Orange County;
b) Be engaged in Agriculture as that word is defined in NC GS 106-581.1
c) Be certified by the Natural Resources Conservation Service (NRCS) of the United
States Department of Agriculture as being a farm on which at least two-thirds of the
land is composed of soils that are best suited for providing food, seed, fiber, forage,
timber, forestry products, horticultural crops and oil seed crops;
d) Be managed in accordance with the Natural Resources Conservation Service and
NC Soil and Water Conservation Service defined erosion-control practices that are
addressed to said highly-erodible land; and have a current conservation farm plan
and/or forestry management plan associated with the current usages and owner;
e) Be the subject of a non-binding conservation agreement, as defined in N.C.G.S.
§121-35, between the County and the owner that prohibits non-farm use or
development of such land for a period of at least ten years, except for the creation of
not more than three lots that meet applicable County zoning and subdivision
regulations.
The Orange County Agricultural Preservation Board reviewed the findings of the staff
assessments for the attached applications for the Orange County Voluntary Agricultural District
program at the March and May 2019 meetings. All farm applications were reviewed and verified
to have met or exceeded the minimum criteria for certification into the program.
The Agricultural Preservation Board voted unanimously to recommend approval of the
certification for six (6) farms and their inclusion in the Voluntary and/or the Enhanced Voluntary
Agricultural District program. The certification documentation is on file in the DEAPR/Soil and
Water Conservation District office. The farms are described briefly below:
Brief Farm Descriptions:
1) Owners, Lynn and Teresa Holloway, and Alene Holloway, have submitted an application
to enroll three (3) parcels of land totaling 122.05 acres as qualifying farmland for the
Voluntary Agricultural District program (VAD) in the Cedar Grove Agricultural District.
The farm operation includes tobacco, small grains, and managed woodland. The farm
has been evaluated against each of the VAD certification requirement standards and
meets or exceeds all of the measures above.
2) Owners, Howard and Karen McAdams (McAdams Farm), have submitted an application
to enroll one (1) of parcel of land totaling 22.68 acres as qualifying farmland for the
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Voluntary Agricultural District (VAD) program in the High Rock/Efland Agricultural
District. The farm operation includes livestock, pasture, and managed woodland. This
acreage will be an addition to the existing farmland in the VAD program. The farm has
been evaluated against each of the VAD certification requirement standards and meets
or exceeds all of the measures above.
3) Owners, Claude Hughes and Linda Sakiewicz, have submitted an application to enroll
one (1) parcel of land totaling of 2.56 acres as qualifying farmland for the Voluntary
Agricultural District (VAD) program located in the Cane Creek/Buckhorn Agricultural
District. The farm includes livestock and pasture, and will be an additional acreage to
their existing farmland in the VAD program. The farm has been evaluated against each
of the VAD certification requirement standards and meets or exceeds all of the
measures above.
4) Owners, Susan Snipes Nichols and Karen Snipes Sexton, have submitted an application
to enroll two (2) parcels of land totaling 268.33 acres as qualifying farmland for the
Voluntary Agricultural District (VAD) program in the Cane Creek/Buckhorn Agricultural
District. The farm operation includes corn, soybeans, small grains, hay crops, and
managed woodland. The farm has been evaluated against each of the VAD certification
requirement standards and meets or exceeds all of the measures above.
5) Owners, Virginia McKee and Heirs, have submitted an application to enroll one (1)
parcel of land totaling of 162.28 acres as qualifying farmland for the Voluntary
Agricultural District (VAD) program located in the Caldwell Agricultural District. The farm
includes livestock, pasture, hay crops, soybeans, small grains, and managed woodland.
The farm has been evaluated against each of the VAD certification requirement
standards and meets or exceeds all of the measures above.
6) Owner, Mark Miller, has submitted an application to enroll five (5) parcels of land totaling
177.74 acres as qualifying farmland for the Voluntary Agricultural District (VAD) program
in the Caldwell Agricultural District. The farm operation includes livestock, pasture, hay
crops, and managed woodland. The farm property has been evaluated against each of
the VAD certification requirement standards and meets or exceeds all of the measures
above.
Gail Hughes made the following PowerPoint presentation:
Orange County Voluntary
Farmland Preservation Program
Voluntary and Enhanced Voluntary
Agricultural District Program
Orange County Board of Commissions Meeting
June 4, 2019
Orange County VAD/EVAD Program
Benefits of Agricultural Districts
➢ Voluntary Agricultural District (VAD) is a 10 year commitment for farm to be in active
farm production, but the landowner can withdraw from the VAD at any time, for any
reason, with a 30 day notification to the Agri. Preservation Board.
➢ Enhanced Voluntary Agricultural District (EVAD) is an irrevocable 10 year
commitment to be in active farm production, therefore the "enhanced" qualifies farm for
up to 90% cost share rates and a priority for state and federal grants funds.
Benefits include: (listing a few)
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➢ Makes public more aware of the local agricultural and its vital role in the economics of
the county;
➢ Recorded notice of agricultural district property is recorded at County Land Records
office;
➢ Land search on all properties within a '/2 mile radius has notification of the agricultural
status; therefore, the agricultural landowner has increased protection from nuisance
lawsuits.
➢ Agricultural Preservation Board can request public hearings for proposed condemnation
of VAD land and utility assessments may be suspended or waived on EVAD land if not
connected to the utility.
➢ Farm may receive up to 25% of gross sales from the sale of non-farm products and still
maintain its zoning exemption as a bona fide farm. (EVAD only)
➢ VAD District signs are placed on farms, for public to know location of VAD/EVAD farms
Lynn and Teresa Holloway; Alene Holloway
• VAD — 122.05 acres— Cedar Grove Agricultural District— 3 parcels of land
• Tobacco, grain crops, and managed woodland
Howard and Karen McAdams; McAdams Farm
• VAD —22.68 acres - High Rock/Efland Agricultural District— 1 parcel of land
• Hay crops, and managed woodland.
• Additional Acres to the existing farmland in the VAD program
• Included in the Century Farm program (100 years in the same family ownership)
Claude Hughes and Linda Sakiewicz; Bracken Brae Farm
• VAD —2.56 acres— Cane Creek/Buckhorn Agricultural District - 1 parcel of land
• Livestock and pasture land
• Additional acres to their existing VAD farmland in the program (105.9 acs)
Susan Snipes Nichols and Karen Snipes Sexton
• VAD —268.33 acres— Cane Creek/Buckhorn Agricultural District— 2 parcels of land
• Corn, soybeans, small grains, hay crops, and managed woodland
• Most commonly known as Anilorac Farm Dairy on Dairyland Rd.
• Included in the Century Farm Program (100+ years in same family ownership)
Mark Miller
• VAD — 177.74 acres— Caldwell Agricultural District -5 parcels of land
• Beef, pasture, hay crops, and managed woodland
A motion was made by Commissioner Dorosin, seconded by Commissioner Price to
approve and authorize the Chair to certify the six (5) farm properties (which will total 756
acres with the McKee farm; designate them as a Voluntary Agricultural District farm within
the Caldwell, Cedar Grove, High Rock/Efland, and Cane Creek/Buckhorn Voluntary
Agricultural Districts; and enroll the lands in the Orange County Farmland Preservation
Program; Voluntary and Enhanced Voluntary Agricultural District (VAD and EVAD)
programs (on the first 5 farms).
VOTE: UNANIMOUS
Virginia McKee and Heirs (David Stancil, Department of Environment, Agriculture, Parks
and Recreation Director (DEAPR), presented this item)
15
• VAD - 162.28 acres — Caldwell Agricultural District— 1 parcel of land
• Beef cattle, pasture, hay crops, corn, soybeans, small grains, and managed woodland
• Made application for the Century Farm Program (100+ years in same family ownership)
Orange County Voluntary and Enhanced Voluntary Agricultural Program
• The Agricultural Preservation Board has approved all of the farms as presented.
• Requesting approval from Commissioners to accept six (6) farms into the VAD program.
• 756 acres* in the Voluntary Agricultural District program
* = rounded acres
A motion was made by Commissioner Greene, seconded by Commissioner Price for the
Board to approve this VAD for the McKee Farm.
VOTE: 6-0 (with Commissioner McKee's recusal)
THE NEXT THREE ITEMS WERE ALL DONE AS ONE WITH ONE MOTION AT THE END — D,
E, F
d. Resolution of Approval — Conservation Easement on Cedar Grove Windy Hill Farm
and Approval of Budget Amendment #10-A
The Board considered voting on a resolution to approve the purchase of and acceptance
by Orange County of an agricultural conservation easement for Cedar Grove Windy Hill Farm,
and approve Budget Amendment#10-A and authorize the Chair to sign.
BACKGROUND: The acquisition of conservation easements to protect highly important natural
and cultural resource lands in Orange County is a longstanding goal of the Board of
Commissioners, and is a priority of the Lands Legacy program. Since 2001, the County has
partnered with landowners and other entities to protect 2,647 acres of significant natural areas
and prime farmland with permanent conservation easements, leveraging over$3 million in
outside funding and grants toward these easements.
Over the past several years, DEAPR has worked with Geoffrey (deceased) and Jane Gledhill
and the Eno River Association on a project to conserve the approximately 39-acre Cedar Grove
Windy Hill Farm located on Carr Store Road in Cedar Grove Township. The farm property is
located in the Upper Eno Protected Watershed, a priority watershed for acquiring agricultural
easements in a dual effort to protect prime farmland and drinking water quality. The farm has
over 500 feet of riparian buffer of a tributary of the East Fork Eno River and Lake Orange, which
supplies drinking water to the Town of Hillsborough.
Ms. Gledhill intends to grant a permanent conservation easement that will restrict future
development to protect prime farmland and streams, as well as scenic views of the farmland
from Carr Store Road. All non-agricultural development rights will be extinguished through the
conservation easement. Future farm activities will be in accordance with a Conservation Plan
prepared for this farm by the Orange Soil & Water Conservation District.
The planned agricultural conservation easement would be held jointly by Orange County and
the Eno River Association. The easement would complement the technical assistance from the
Orange Soil and Water Conservation District and protect a farm located just 1/3 mile from Cedar
Grove Rural Crossroads Historic District (listed on the National Register of Historic Places).
16
David Stancil made the following PowerPoint presentation for all three items (4-d, e, f)
Windy Hill Farm (Gledhill)
Spring Crest Farm (Woods)
Holden-Roberts Farm (Anderson)
June 4, 2019
Windy Hill Farm Conservation Easement
Carr Store Road
Photos of land
Funding Partners:
$ 65,700 (44%) Orange County (Lands Legacy)
$ 15,000 (10%) Eno River Association
$ 39,655 (26%) NC ADFP Trust Fund Grant
$ 29,400 (20%) Landowner donation (Gledhill family)
$149,755 (100%) Total Easement
Commissioner Bedford read the resolution: (after the motion after Item 4-f)
ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION
Approval of Conservation Easement
between
Orange County and the Eno River Association
and
Jane Gledhill
WHEREAS, Orange County has adopted goals that promote the preservation of natural areas,
wildlife habitat, prime farmland, and open space in the County; and
WHEREAS, Orange County established the Lands Legacy Program for the purpose of
protecting the most significant natural and cultural resources through partnerships with
landowners and other conservation entities; and
WHEREAS, one component of the Lands Legacy Program is the acquisition of conservation
easements on prime farmland within water supply watersheds; and
WHEREAS, the Cedar Grove Windy Hill Farm property includes approximately 39 acres in the
Upper Eno protected watershed, consisting of a majority of prime agricultural soils, and includes
500 linear feet of stream buffer to a tributary that drains to Lake Orange — a drinking water
supply reservoir for the Town of Hillsborough; and
WHEREAS, Jane Gledhill, the owner of the Cedar Grove Windy Hill Farm property, wishes to
grant a permanent conservation easement to Orange County and the Eno River Association,
which will protect the prime farmland and riparian corridors that exist on the property; and
17
WHEREAS, a conservation easement on this approximately 39 acres would ensure the
preservation of this farmland and stream buffers for future generations and help compensate the
owner for this long-term commitment;
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does
hereby 1) accept on behalf of Orange County the conservation easement for land owned by
Jane Gledhill; 2) approve the execution of this conservation easement agreement with Jane
Gledhill, in accordance with the terms of the proposed easement agreement, subject to final
review by staff and the County Attorney; 3) authorize the Chair and the Clerk to sign the
easement agreement on behalf of the Board, with a closing to occur on or about September 30,
2019; and 4) authorize County staff to sign any and all closing documents upon consultation
with the County Attorney.
BE IT FURTHER RESOLVED that the Board thanks Jane Gledhill for the civic-minded granting
of this conservation easement through the Lands Legacy Program.
This the 4th day of June, 2019
Jane Gledhill accepted this resolution, and thanked the BOCC.
VOTE: UNANIMOUS
e. Resolution of Approval — Conservation Easement on Spring Crest Farm and
Approval of Budget Amendment#10-13
The Board considered voting on a resolution to approve the purchase of and acceptance
by Orange County of an agricultural conservation easement for Spring Crest Farm, and approve
Budget Amendment#10-B and authorize the Chair to sign.
BACKGROUND: The acquisition of conservation easements to protect highly important natural
and cultural resource lands in Orange County is a longstanding goal of the Board of
Commissioners, and is a priority of the Lands Legacy program. Since 2001, the County has
partnered with landowners and other entities to protect 2,647 acres of significant natural areas
and prime farmland with permanent conservation easements, leveraging over$3 million in
outside funding and grants toward these easements.
Over the past year, DEAPR has worked with Kimberly Woods on a project to conserve
approximately 70 acres of Spring Crest Farm located on Pearson Road in Cedar Grove
Township.
The farm property is located in the Little River Protected Watershed, a priority watershed for
acquiring agricultural easements in a dual effort to protect prime farmland and drinking water
quality. The farm has over 2,000 feet of stream frontage on a tributary of the South Fork Little
River, which supplies drinking water for the City of Durham.
Mrs. Woods intend to grant a permanent conservation easement that will restrict future
development to protect prime farmland and streams, as well as scenic views of the farmland
from Pearson Road. All non-agricultural development rights will be extinguished through the
conservation easement. Future farm activities will be in accordance with a Conservation Plan
prepared for this farm by the Orange Soil & Water Conservation District.
18
The planned agricultural conservation easement would be held by Orange County. The
easement would enhance the protection of this Century Farm. The easement would expand
and complement assistance from the Orange Soil and Water Conservation District that will
restore vegetative stream buffers, fence cattle from the stream, and provide an alternative
source of water with separate funding from the NC Conservation Reserve Enhancement
Program (CREP). CREP will require a permanent riparian buffer easement held by the State of
North Carolina which totals approximately 1.5 acres for the 70-acre property.
David Stancil made the following PowerPoint presentation:
Spring Crest Farm
Photos of land
Funding Partners:
$ 131,000 (51%) Orange County (Lands Legacy)
$ 64,000 (25%) NC ADFP Trust Fund Grant
$ 61,000 (24%) Landowner donation (Woods family)
$ 256,000 (100%) Total Easement
Commissioner Greene asked if the CREP could be explained.
David Stancil said this is a program that is offered through the USDA Natural Resource
Conservation Service, as well as the State. He said this program is available to farmers and
rural landowners to help fund things like exclusion fencing to keep livestock out streams, etc.
He said it is a separate program that is able to work in conjunction with the County's easement
program.
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION
Approval of Conservation Easement
between
Orange County
and
Kimberly Woods
WHEREAS, Orange County has adopted goals that promote the preservation of natural areas,
wildlife habitat, prime farmland, and open space in the county; and
WHEREAS, Orange County established the Lands Legacy Program for the purpose of
protecting the most significant natural and cultural resources through partnerships with
landowners and other conservation entities; and
WHEREAS, one component of the Lands Legacy Program is the acquisition of conservation
easements on prime farmland within water supply watersheds; and
WHEREAS, the Spring Crest Farm property includes approximately 70 acres in the Little River
protected watershed, consisting of a majority of prime agricultural soils, and includes 2,000
linear feet of tributaries that drain to the Little River Reservoir— a drinking water supply reservoir
for the City of Durham; and
19
WHEREAS, Kimberly Woods, the owner of the Spring Crest Farm property, wishes to grant a
permanent conservation easement to Orange County, which will protect the prime farmland and
riparian corridors that exist on the property; and
WHEREAS, a conservation easement on this approximately 70 acres would ensure the
preservation of this farmland and stream buffers for future generations and help compensate the
owner for this long-term commitment;
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does
hereby 1) accept on behalf of Orange County the conservation easement for land owned by
Kimberly Woods; 2) approve the execution of this conservation easement agreement with
Kimberly Woods, in accordance with the terms of the proposed easement agreement, subject to
final review by staff and the County Attorney; 3) authorize the Chair and the Clerk to sign the
easement agreement on behalf of the Board, with a closing to occur on or about September 30,
2019; and 4) authorize County staff to sign any and all closing documents upon consultation
with the County Attorney.
BE IT FURTHER RESOLVED that the Board thanks Kimberly Woods for her civic-minded
granting of this conservation easement through the Lands Legacy Program.
This the 4th day of June, 2019.
f. Resolution of Approval — Conservation Easement on Holden-Roberts Farm and
Approval of Budget Amendment#10-C
The Board considered voting on a resolution to approve the purchase of and acceptance by
Orange County of an agricultural conservation easement for Holden-Roberts Farm, and approve
Budget Amendment#10-C and authorize the Chair to sign.
BACKGROUND: The acquisition of conservation easements to protect highly important natural
and cultural resource lands in Orange County is a longstanding goal of the Board of
Commissioners, and is a priority of the Lands Legacy program. Since 2001, the County has
partnered with landowners and other entities to protect 2,647 acres of significant natural areas
and prime farmland with permanent conservation easements, leveraging over$3 million in
outside funding and grants toward these easements.
Over the past several years, DEAPR has worked with Nels and Nancy Anderson on a project to
conserve approximately 57 acres of Holden-Roberts Farm located on St. Mary's Road in Eno
Township.
The farm property is located in the Lower Eno Protected Watershed, a priority watershed for
acquiring agricultural easements in a dual effort to protect prime farmland and drinking water
quality. The farm has over 2,500 feet of stream frontage on tributaries to Buckwater Creek, a
major tributary of the Eno River, which supply drinking water for the City of Raleigh. The
Andersons intend to grant a permanent conservation easement that will restrict future
development to protect prime farmland and streams, as well as scenic views of the farmland
from St. Mary's Road. All non-agricultural development rights will be extinguished through the
conservation easement. Future farm activities will be in accordance with a Conservation Plan
prepared for this farm by the Orange Soil & Water Conservation District.
20
The planned agricultural conservation easement would be held jointly by Orange County and
the Eno River Association. The easement would enhance the protection of this historic farm,
which is listed on the National Register of Historic Places. It would also complement the
technical assistance from the Orange Soil and Water Conservation District and will also protect
stream buffers.
David Stancil made the following PowerPoint presentation:
Holden-Roberts Farm Easement
Funding Partners:
$ 85,000 (27%) Orange County (Lands Legacy)
$ 84,460 (27%) NC ADFP Trust Fund Grant
$ 71,698 (23%) City of Raleigh (Upper Neuse initiative)
$ 69,750 (23%) Landowner donation (Anderson family)
$ 310,908 (100%) Total Easement
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION
Approval of Conservation Easement
between
Orange County and the Eno River Association
and
Nels and Nancy Anderson
WHEREAS, Orange County has adopted goals that promote the preservation of natural areas,
wildlife habitat, prime farmland, and open space in the county; and
WHEREAS, Orange County established the Lands Legacy Program for the purpose of
protecting the most significant natural and cultural resources through partnerships with
landowners and other conservation entities; and
WHEREAS, one component of the Lands Legacy Program is the acquisition of conservation
easements on prime farmland within water supply watersheds; and
WHEREAS, the Holden-Roberts Farm property includes approximately 57 acres in the Lower
Eno protected watershed, consisting of a majority of prime agricultural soils, and includes 2,500
linear feet of tributaries that drain to Falls Lake — a drinking water supply reservoir for
the City of Raleigh; and
WHEREAS, Nels and Nancy Anderson, the owners of the Holden-Roberts Farm property, wish
to grant a permanent conservation easement to Orange County and the Eno River Association,
which will protect the prime farmland and riparian corridors that exist on the property; and
WHEREAS, a conservation easement on this approximately 57 acres would ensure the
preservation of this farmland and stream buffers for future generations and help compensate the
owner for this long-term commitment;
21
NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners does
hereby 1) accept on behalf of Orange County the conservation easement for land owned by
Nels and Nancy Anderson; 2) approve the execution of this conservation easement agreement
with Nels and Nancy Anderson, in accordance with the terms of the proposed easement
agreement, subject to final review by staff and the County Attorney; 3) authorize the Chair and
the Clerk to sign the easement agreement on behalf of the Board, with a closing to occur on or
about September 30, 2019; and 4) authorize County staff to sign any and all closing documents
upon consultation with the County Attorney.
BE IT FURTHER RESOLVED that the Board thanks Nels and Nancy Anderson for their civic-
minded granting of this conservation easement through the Lands Legacy Program.
This the 4th day of June, 2019.
Commissioner Marcoplos asked if staff is sending a thank you letter to Raleigh for its
assistance in funding this easement.
David Stancil said staff has done so in the past, and can do so again after the closing,
etc.
Commissioner Greene said she will mention gratitude at the next UNRBA, as she is the
BOCC representative. She said there is ongoing discussion about being able to claim that
preservation of land does help with the health of the lake, as it is better to not put pollutants in
the lake in the first place, as opposed to taking them out after the fact.
A motion was made by Commissioner Bedford, seconded by Commissioner Marcoplos
for the Board to adopt and authorize the Chair to sign the all three resolutions (for win)
approving the acceptance by Orange County of the conservation easements, and authorize the
Chair and the Clerk to sign the conservation easement agreements, subject to final review by
staff and County Attorney, with a closing and recordation of the documents expected to occur
on or about September 30, 2019, and approve Budget Amendment#10-A, #10-13 and #10-C.
VOTE: UNANIMOUS
g. Resolution Endorsing HR 1384— Improved Medicare for All
The Board considered voting to approve a Resolution Endorsing HR 1384 -
Improved Medicare for All and authorize the Chair to sign.
BACKGROUND: Based on a petition submitted at the Board's May 21, 2019 meeting, the
attached resolution is proposed for Board consideration.
PUBLIC COMMENT:
Nina Schlosky said she is here on behalf of the local community organization Healthcare for All
Y'all, whose goal is to provide information on how to solve current healthcare problems. She
said as a country, the United States pays twice as much for healthcare, and many people do not
even have healthcare. She said over 100 congressmen endorse this bill, and they are trying to
gather local support for this bill. She said single payer is the best resolution to this problem.
Commissioner Price read the resolution:
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION ENDORSING HR 1384 - IMPROVED MEDICARE FOR ALL
22
WHEREAS, studies show that universal healthcare will not be achievable without serious
downward pressure on out-of-control healthcare costs in the US; and
WHEREAS, the US has the highest costs in the world, spending on average double per capita
what most other countries spend per capita, even as 12.5% of adults had no health insurance at
all in the first half of 2018, which is worse than 2013 and is expected to rise as premiums
increase without checks; and
WHEREAS, according to the CDC, only 8.5 million people got plans from healthcare.gov for
2019; and
WHEREAS, out-of-pocket costs for individuals with insurance is forcing them to delay care at
extraordinary rates, noting that more than half of 18-44 year olds did not get care in the 12
months preceding February 2018; and
WHEREAS, 45% of adults age 19-64 are now underinsured, many of whom are on employer-
based private insurance plans; and
WHEREAS, the cost of health insurance continues to rise while workers' wages and benefits
continue to stagnate and fall; and
WHEREAS, nearly 60% of for-profit insurance revenue of Cigna, Anthem, Humana, Aetna, and
United Healthcare is now coming from Medicare and Medicaid; and
WHEREAS, public dollars are used to subsidize private insurance companies, with ACA
subsidies and more and more Medicaid and Medicare being taken over by private for-profit
companies, who then deny care; and
WHEREAS, these high costs and meager coverages do not contribute to higher health
outcomes with the US ranking lowest in the world when compared to similar countries and
people are dying at increasing rates; and
WHEREAS, the establishment of a Medicare for All single payer system in the United States will
free millions of workers who are currently dependent on their employers for health insurance,
with workers not only having greater security in access to care for themselves and their families,
but also greater flexibility to change jobs and professions or start their own business to suit their
unique skill sets (19% of people age 50-64 say they are staying in current jobs rather than
change or retire because of health insurance needs, even as many young people out of college
are unable to occupy these jobs); and
WHEREAS, over 1,000 national, regional and local unions, state labor federations and central
labor councils have endorsed Medicare for All and organizations like the National Nurses
United, the Labor Campaign for Single-Payer and Physicians for a National Health Program
have made single-payer a priority in their work such that the campaign represents a major
opportunity to build relationships with and forge solidarity with the leading edge of the labor
movement; and
WHEREAS, abolishing the health insurance industry will require an unprecedented level of
mobilization and organization;
23
Commissioner Price read the following:
NOW THEREFORE be it resolved that the Board of Commissioners of Orange County, North
Carolina does hereby endorse HR 1384, which adheres to the requirements below:
a. A single program - not a patchwork of multi-payer state and federal systems.
b. Comprehensive coverage - all medically necessary services requiring a
medical professional will be covered.
c. Free at the point of service - no more shifting costs onto the sick: no premiums,
no copays, no deductibles, and no coinsurance.
d. Universal coverage - coverage for all U.S. residents.
e. Jobs - replacement and severance for those affected by the transition.
This the 4th day of June 2019.
A motion was made by Commissioner Price, seconded by Commissioner Bedford for the
Board to approve and authorize the Chair to sign the resolution.
Commissioner McKee said he has some concerns, and clarified that this is seeking to
abolish the entire current, private, health insurance industry in the United States.
Chair Rich said, as the industry exists in its current form.
Commissioner McKee said it does not say "current form" in the resolution.
Nina Arshaysky said the single-payer system suggests that the entire healthcare
industry (hospitals, doctors, etc.) stays intact, and what changes is how the money is paid to
private providers. She said it will be paid similarly to how it is currently paid by Medicare;
essentially extending Medicare insurance to everybody in the country, as opposed to going
through private health insurance, which cares more about profits than patients.
Commissioner Greene suggested a wording change to "revamping health care delivery
will require an unprecedented level of mobilization, etc."
Commissioner McKee said he questions the whole concept, because the Veteran's
health care program is similar to this, and it is riddled with inefficiencies, delays, and lack of
service. He said this is good rhetoric, but it is short on details. He said this will do away with
the insurance companies, which will effect stockholders, and, in turn, affect the portfolios of
millions of United States residents and their retirement plans. He asked if there is a plan in
place to address this.
Nina Arshaysky said all medical insurance companies have insurance business in other
areas. She said the local group invited Mendel Porter, a former Cigna executive, to speak, and
he said the industry will not be destroyed because it has other business interests. He said
some of those who work in the private industry will have job opportunities to work in the
extended system, but some jobs will be redundant. She said doctors are burning out due to the
administrative strains, and many hours are spent dealing with billing issues, and this change
would allow the entire system to work more efficiently.
Commissioner McKee asked if another business line in Blue Cross/Blue Shield could be
identified, and the specifics of other employment opportunities could be explained.
Commissioner Dorosin said this resolution is to expand universal health care for all
Americans, and the details that Commissioner McKee is concerned about would not exist in a
resolution. He said he will support the resolution as he wants to show support for universal
healthcare.
Commissioner Greene agreed with Commissioner Dorosin that this is an overall
endorsement of universal healthcare, but the phrase that sticks out to her is: 19% of people
age 50-64 say they are staying in current jobs rather than change or retire because of health
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insurance needs even as many young people out of college are unable to occupy these jobs."
She said the United States is the only country that links health care entitlement to jobs.
Chair Rich called the question.
VOTE: Ayes, 6; Nays, 1 (Commissioner McKee)
Commissioner Dorosin asked if item 6-a could be moved up since people are here
for that item.
The Board agreed by consensus.
Commissioner McKee said he will not ask to be recused from item 6-a, but
disclosed that he is an engineer for Summit Engineering. He referred back to the previous
opinion of the County Attorney stating that he did not need to be recused. He said Summit
Engineering has no association with this project, and neither does he.
THE BOARD MOVED UP ITEM 6A- TO BEFORE THE PUBLIC HEARINGS (ITEM 5)
6. Regular Agenda
a. Major Subdivision Preliminary Plat Application — Fairway Hills
The Board received the Planning Board recommendation, review, and considered a
decision on a Major Subdivision Preliminary Plat application proposing a 20 lot single-family
residential subdivision in accordance with the provisions of Section 2.15 Major Subdivisions and
Article 7: Subdivisions of the Unified Development Ordinance (UDO).
BACKGROUND: Fairway Hills was originally submitted as Class A Special Use Permit
(SUP) Major Subdivision application (originally called Occoneechee Hills) proposing the
creation of 27 single family lots. The proposal was ultimately renamed, revised, and the
number of proposed lots was reduced to 20. This revision removed the SUP requirement
for the Major Subdivision and reclassified the review process in accordance with Section
2.15 of the UDO.
The basic facts concerning the current application are as follows:
Owners: Beth Porter and Thomas Bradford
11810 Wakehurst Drive
North Chesterfield, VA 23236
Applicant(s)/Developers: Old NC 86 Partners, LLC
C/o Jim Parker
504 Meadowland Drive
Hillsborough, NC 27278
Consultants: Summit Design and Engineering Services
C/o Tim Smith, PE
504 Meadowland Drive
Hillsborough, NC 27278
Location: 2715 US 70 East, Hillsborough, NC 27278. See
Attachment 2 for a general location of the parcel.
Parcel Information: a. PINS: 9884-32-3275; and 9884-31-9874.
b. Size of Parcel: 41.97 acres in area total.
c. Zoning of Parcels: Rural Residential (R-1) and Lower Eno
Protected Watershed Protection Overlay District.
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d. Township: Eno.
e. School District: Orange County Schools.
f. Future Land Use Map Designation: Rural Residential.
g. Growth Management System Designation: Rural Designated.
h. Existing Conditions/Physical Features: The property has one
2,286 square foot single-family dwelling built in
approximately1956 and four accessory structures. The site has
varying topography, two stream features, moderate cleared
areas near structures, and woodlands.
i. Roads: Existing vehicular access to the parcel is via a private
drive along US Highway 70 East.
j. Water and Sewer Service: The property is not located within a
primary utility service area. It is designated on the Water and
Sewer Management Planning and Boundary Agreement
(WASMPBA) as Hillsborough Long-term Interest Area. The
existing and proposed homes will utilize individual private wells
and septic systems.
Surrounding Zoning/Land Uses:
a. NORTH: Single-family residences and undeveloped property on
lots ranging from 5 to 99 acres in area. All zoned R-1.
b. SOUTH: Occoneechee Golf Course and Club; Single-family
residences on lots ranging from 1.1 to 131 acres in area. All zoned
R-1.
c. EAST: Single-family residences and undeveloped property on
lots ranging from 0.8 to 5.2 acres in area. All zoned R-1.
d. SOUTHWEST: Occoneechee Golf Course and Club (south of
US Highway 70 East) and undeveloped property. All zoned R-1.
Development Process, Schedule, and Action: The typical cadence for the review of a
Major Subdivision is as follows:
4. FIRST ACTION — Submission of a Concept Plan application containing a proposed
layout for the project based on the "Flexible Development" option as outlined in Section
7.12 of the UDO.
STAFF COMMENT. As previously indicated the original application for the project, as
a 27 lot major subdivision, was submitted on January 7, 2019 as part of a Class A
Special Use Permit application. After the holding of a neighborhood information
meeting (NIM) a revised Concept Plan was submitted on or about March 25, 2019
reducing the number of proposed lots to 20 (a 26% reduction in the number of
proposed lots).
5. SECOND ACTION — Planning staff schedules a Neighborhood Information Meeting
(NIM) to invite property owners within 1,000 feet of the subject property to review the
proposal.
STAFF COMMENT: Staff held the required meeting on February 13, 2019 to review
the originally proposed 27 lot layout consistent with the requirements of Section 2.7
of the LIDO. As a result of comments from the public at this meeting, as well as
concerns over finding sufficient soils to support 27 individual septic systems, the
applicant reduced the number of proposed lots. The submittal of a revised Concept
Plan (i.e. 20 proposed lots) did not require the scheduling/holding of a new NIM
under the provisions of the LIDO.
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6. THIRD ACTION —The Planning Board reviews and takes action on the Concept Plan
application approving either the `conventional' or `flexible development' layout.
STAFF COMMENT. The Concept Plan application package was approved at the
April 3, 2019 Planning Board meeting with a `flexible development' layout. Agenda
materials, including approved minutes, for this meeting can be viewed at:
http://www.orangecountync.gov/AgendaCenter/Planning-Board-26. An excerpt of the
approved minutes from this meeting are contained in Attachment 6.
7. FOURTH ACTION —The Planning Board reviews and makes a recommendation on the
Preliminary Plat application.
STAFF COMMENT:At its May 1, 2019, regular meeting the Board voted 7-3 to
recommend approval of the Flexible Development option for Fairway Hills. Agenda
materials for his meting can be viewed at:
http://www.orangecountync.gov/AgendaCenter/Planning-Board-26. An excerpt of the
draft minutes from this meeting are contained in Attachment 6.
8. FIFTH ACTION —The BOCC reviews and takes action on the Preliminary Plat
application.
STAFF COMMENT. The review and decision to approve or deny the Preliminary Plat
is scheduled for the June 4, 2019 BOCC regular meeting. If approved, and once all
construction activities have been completed or appropriate financial assurances
have been approved, staff will sign off on a Final Plat, which will be recorded in the
Orange County Registrar of Deeds Office.
Proposal: The petitioner has submitted a Major Subdivision Preliminary Plat application
proposing to develop 20 single-family residential lots at a density of approximately 1 dwelling
unit per 2.1 acres of gross land area and approximately 15.54 acres of common open space to
be held/controlled by a homeowners association. Proposed lots range in size from 42,785
square feet (smallest) to 125,765 square feet (largest).
Subdivision Type Number Average Lot Area in Open Space
of Lots Size Open Space Percenta e
Major Subdivision 20 56,594 sq. ft. 15.54 acres provided 37%
with Flexible (1.3 acres) (33%required)
Development Plan (13.51 acres in HOA
40,000 sq.ft. Common Areas plus
(rnin. lot size) 3-03 acres held by HOA
in easements)
13.85 acres r uired
In accordance with the provisions of Section 7.12.5 (B) (6), cluster flexible development
subdivisions are permitted to reduce required minimum setbacks (i.e. front, side, and
rear) by 25%. As denoted within the application, and on the preliminary plat, the applicant
is proposing to observe:
9. Front yard setback of 30 ft. (40 ft. typically required) from the front property line/edge of
right-of- way.
STAFF COMMENT. Per the UDO the 30 ft. front yard setback applies to corner lots
(i.e. a parcel fronting on 2 streets) as well.
10. Side yard setback of 15 ft. (20 ft. typically required); and
11. Rear yard setback of 15 ft. (20 ft. typically required).
Staff has determined the Preliminary Plat application is consistent with the Concept
Plan approved by the Planning Board at its April 3, 2019 regular meeting.
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STAFF COMMENT. The proposal is in accordance with the anticipated densities,
impervious requirements and minimum lots sizes for parcels located within:
a. The Rural Residential land use category as defined within the adopted
b. Comprehensive Plan,
c. Rural Designated areas of the County as denoted on the Growth Management
d. Systems Map, and
e. Lower Eno Protected Watershed Protection Overlay District.
Roads: The proposal involves the creation of two new public roads, constructed to NC
Department of Transportation (NC DOT) standards, serving the proposed lots. Specifically,
the project calls for:
12. The reservation of 5-feet of additional right-of-way along the frontage of US Highway 70
East to accommodate future roadway expansion;
13. Construction of a single access road called "Birdie Lane" affording vehicular
ingress/egress from US Highway 70 East located within 50-foot right-of-way, 20-foot
improved travel ways and required ditch sections. Development of the roadway will
include construction of right (westbound) and left (eastbound) turn lanes within the
existing 100-foot right-of-way for US Highway 70 East at the development's entrance;
and
14. Construction of a roadway called "Bogey Court" within 50-foot right-of-way, 20-foot
improved travel ways, ditch sections, and two terminating in two culs-de-sac with 40-foot
radii.
STAFF COMMENT: The applicant has coordinated with the NC DOT District
Engineer regarding the location and design of these road improvements. Staff has
determined the proposed roadway construction and layout is consistent with the
requirements of the UDO.
Staff has determined there was no reasonable opportunity for creation of a `stub out'
street to ensure future roadway connectivity to adjacent parcels due to concerns
over potential impacts to adjacent streams/water features, topography, and potential
impacts to existing development and road networks.
County and NC DOT staff have determined proposed access onto US Highway 70
East is sufficient for ingress/egress and the provision of County services including
emergency vehicle access.
Utilities —Water and Sewer: The applicant is proposing to serve the project with individual
wells and septic systems developed on each lot. The Preliminary Plat Sheet C-3 denotes
suitable soil locations for septic sites and individual wells for the 20 proposed single-family lots.
STAFF COMMENT. Orange County Environmental Health has indicated that it does
not foresee problems with the proposed layout with respect to finding suitable soils to
support development of septic tanks and individual well sites.
Individual well and septic permits will be required for each lot as it is developed.
Note: Neither the LIDO nor Environmental Health has subdivision standards for the
maximum number of wells in an area. This is due in part to Orange County's
fractured geology and subsurface hydric composition.
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Stormwater Drainage: Drainage will be engineered according to applicable County regulations,
as embodied within the UDO, governing the development of Stormwater Control Measures
(SCMs) at the time of permit application/commencement of land disturbing activities.
Stormwater review is required within the Lower Eno Protected Watershed Protection Overlay
district when land disturbance activities exceed 21,780 square feet (one half acre). Sheet C-4 of
the submittal indicates approximately 8.02 acres of initial land disturbance is proposed for the
project. Staff has already determined this project will disturb sufficient land area to require
stormwater review and permitting. Review and permitting of SCMs shall be administered by the
County's Engineering and Erosion Control division.
As indicated on the submitted Preliminary Plat, drainage will be handled through a system of
ditches located within proposed road rights-of-way and Common Open Space. The type of SCM
required shall be determined at the stormwater permitting stage of the project after the
Preliminary Plat has been approved.
STAFF COMMENT. The applicant has submitted a preliminary stormwater analysis
for staff review and comment.
Open Space: Open space for the project is broken down on Sheet C-3 of the submittal as
follows:
15. Primary Open Space (i.e. wetlands, streams, floodplains, slopes greater than 25%,
natural areas/wildlife corridors, etc.)— 6.43 acres (280,082 square feet);
16. Secondary Open Space (i.e. Open space access, woodlands, slopes between 15% and
25%, scenic views, etc.)— 7.08 acres (308,354 square feet); and
17. Type "E" Buffer and access areas to Common Open Space (i.e. 75-foot wide buffer
along US Highway 70 East and 20-foot Access Easements along perimeter)— 2.03
acres (88,444 square feet).
The total area reserved as Common Open Space is approximately 15.54 acres (37% of the
site).
These areas are composed of lawn, fields and forested areas with existing, mature, vegetation
and trees with an approximate height of between 50 to 80 feet. All 20 lots are adjacent and/or
have access to Primary and/or Secondary Common Open Space areas.
STAFF COMMENT. Staff has determined the proposed open space meets the
requirements of the UDO.
Land Use Buffer: The Preliminary Plat indicates there will be a 75-foot Type "E" land use buffer
along US Highway 70 East. The buffers are comprised of existing, dense, vegetation composed
of existing, mature, shrubs and trees with an approximate height of between 20 to 80 feet.
Sheets C-3 and C-9 indicate that the buffer will be augmented when preserved vegetation is not
sufficient to meet the minimum Type "E" landscape requirements (i.e. a minimum of 7-8 canopy
trees, 4-13 understory trees and 58-77 shrubs per 100 linear feet of buffer). Additional emphasis
will be given to utilizing the appropriate evergreen trees and shrubs to maximize the opacity of
the buffer.
STAFF COMMENT. Section 6.8.6 (D) of the UDO requires that this project maintain
a 75-foot land use buffer separating the project from adjacent Arterial Roadways (US
Highway 70 East). Staff has determined the proposed Common Open Space and
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land use buffers meet the requirements of the UDO. The minimum landscape
requirements for this Type "E" buffer will also be verified by Staff prior to the
recordation of the Final Plat.
Note: a portion of the buffer allows for individual well and septic areas. If utilized,
however, the pro-rated amount of plantings would be required elsewhere within the
75-foot Type "E" land use buffer.
Park/Recreation Space: Per Section 7.11.6 Payments in Lieu of Dedication of the UDO,
subdivision developments are required to provide recreation amenities for local residents or
make a payment in lieu to the County for future public park development. In this instance the
applicant has indicated there will be trail systems in the open space for residents but there will
not be dedicated public recreation areas (i.e. playground, etc.).
The property in question is located within the R-10 Cheeks park district requiring a payment of
$455 per lot. The applicant has agreed to pay the County $8,645 for the payment in lieu fee.
The County will be able to utilize this money for public parkland development within the vicinity
of the project to benefit all residents.
STAFF COMMENT. The aforementioned fee gives the applicant credit for the
existing residence thereby reducing the total required fee by $455.
In accordance with Section 7.11.6 (B) of the UDO, staff has determined there is no
recreation and/or open space sites designated within the adopted Comprehensive
Plan for the property and that development of the subdivision will not impede
identified park/recreation projects.
The proposed payment in lieu amount is consistent with the requirements of the
LIDO.
Attachment 3 contains additional staff comments for this project.
Courtesy Review: While this project is not within a required Courtesy Review area with the
Town of Hillsborough, staff has submitted copies of the Preliminary Plan to Town Staff. To date,
staff has not received any comments from the Town other than the site is in their long-term
interest area, as delineated within WASMPBA, and that no municipal water or sewer services
are nearby or planned in the future.
Analysis: As required under Section 2.15.3 (C) of the UDO, the Planning Director is required to:
`Determine if the plat and application conform with applicable regulations'and `submit a
recommendation'on the Preliminary Plat to the Planning Board for consideration. In analyzing
this request, the Planning Director offers the following:
1. The application has been deemed complete in accordance with the requirements of
Section 2.2 and 2.15.3 of the LIDO.
2. Copies of the materials have been reviewed commented on by parties indicated in
Section 2.15.3 (C) (3) of the UDO.
3. Staff has determined that the property is of sufficient size and design to support the
proposed subdivision.
4. The proposal appears consistent with the various goals outlined within the
Comprehensive Plan concerning development, including:
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a. Land Use Overarching Goal: Coordination of the amount, location, pattern, and
designation of future land uses, with availability of County services and facilities
sufficient to meet the needs of Orange County's population and economy
consistent with other Comprehensive Plan element goals and objectives.
b. Land Use Goal 2: Land uses that are appropriate to on-site environmental
conditions and features and that protect natural resources, cultural resources,
and community character.
c. Land Use Goal 3: A variety of land uses that are coordinated within a program
and pattern that limits sprawl, preserves community and rural character,
minimizes land use conflicts, supported by an efficient and balanced
transportation system.
5. Staff has determined that the proposed subdivision is consistent with the provisions
and goals of the Comprehensive Plan.
Based on this analysis, the Planning Director recommends the Major Subdivision Preliminary
Plat application for Fairway Hills be approved in accordance with the Resolution of Approval
contained within Attachment 7.
As a general reminder, the Resolution of Approval contains declarations and conditions of
approval associated with this project. Said conditions are tied to specific subdivision
requirements, as articulated within the UDO, or are directly associated with an applicant's
proposal/design (i.e. percentage of open space, setbacks, minimum to maximum lot size,
passive recreation areas, etc.). These conditions apply to this specific request based on the
requirements of the UDO for major subdivision projects not exceeding 20 proposed lots. These
`conditions' are an attempt to memorialize applicable development standards as they relate to
the project and the enforcement of the UDO. The imposition of these `conditions' should not be
confused with actions the County can take for Conditional Zoning or Special Use Permit
applications, which potentially have broader discretion and scope.
As this project represents a regulated 'by right' subdivision, the applicant can only be held to the
standards contained within the UDO, specifically the provisions of Section 2.15 Major
Subdivisions and Article 7 Subdivisions.
Patrick Mallett, Planner II, made the following PowerPoint presentation:
June 4, 2019
BOCC Agenda Item 6a:
Fairway Hills
Preliminary Plat
Review and Recommendation for 20-lot Maior Subdivision off US Highway 70 East
Orange County Planning Department
Vicinity Map
Vicinity Map
Land Use Element of the Comprehensive Plan
Growth Management System
Flexible Design Option: Existing Conditions
Site Photos
Site Photos
Site Photos
Site Photos
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Site Photos
Site Photos
Site Photos
Site Photos
Preliminary Plat: Site Plan
Preliminary Plat: Landscape Plan
Preliminary Plat Summary
Flexible Design Attributes
■ Average lot size— 1.3 acres (56,594 sq. ft.).
■ Density is 1 dwelling unit per 2.1 acres.
■ Open Space is 15.54 acres (37% of site) containing:
- Primary Open Space 6.43 Acres;
- Secondary Open Space 6.99 Acres; and
- Buffers and Perimeter 2.03Acres.
■ 100 foot building setbacks along perimeter.
■ 75 foot Type "E" Landscape Buffer along US 70.
■ 50 foot well/septic setbacks along perimeter.
RECOMMENDATION:
The Manager recommends the Board:
1. Receive the Planning Board and Planning Director's recommendations on
Preliminary Plat application for the Fairway Hills Subdivision;
2. Discuss the proposal as desired; and
3. Approve the Preliminary Plat and Resolution of Approval contained in Attachment
7.
Commissioner Greene asked if there is any plan for repurposing the existing house.
Patrick Mallett deferred to the applicant.
Tim Smith, Summit Design, made a PowerPoint presentation, which included plat
designs and photos. He also gave an overview of the area.
Tim Smith said they have increased the building setback dimension to 120 feet
along Highway 70.
Tim Smith said they are preserving the 75-foot buffer and existing vegetation along
Highway 70, as well as adding additional plantings to meet the requirements for the Type B
buffer.
Chair Rich asked if the house will be salvaged.
Tim Smith said the house is considerably old, and there is no plan to move it, but it
may be possible to recycle the materials.
Commissioner Dorosin referred to the open spaces, and the path to them on the
perimeter of the land, and asked if it is possible to access the path without walking across
others' properties.
Tim Smith said they will provide access through easements for each lot to access
the open space. He said the intent is for all to have access to all open spaces, and this will
be on the final plan.
Commissioner Marcoplos said there are HOA regulations, and lot maintenance
provisions. He asked if gardens will be allowed under the lot maintenance provisions.
Tim Smith said these are draft items, and he thinks garden will be allowed.
Commissioner Marcoplos said he would also like to include that future HOAs cannot
remove gardens.
Tim Smith said he would refer that to the developer, but he sees no reason why
these conditions would not be accepted.
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Commissioner Marcoplos said many HOAs do not allow clotheslines, and he
suggested that these be irrevocably allowed.
Tim Smith said okay.
Commissioner Price referred to the open space to the east, which backs up to other
existing properties, and asked if that will be open to the adjoining property owners.
Tim Smith said it is not the intent, but it will remain as it is now.
Commissioner Price asked if there is going to be a barrier.
Tim Smith said no, it will be in its natural state.
Commissioner Price said there will be only one entrance and exit on Highway 70,
and asked if the Department of Transportation (DOT) is going to add a turn lane.
Tim Smith said a left turn lane will be part of the project, as well as a deceleration
right turn lane heading west.
Commissioner Price asked if this will go from Lawrence Road to the entrance.
Tim Smith said there will be a 200 foot deceleration lane.
Commissioner Greene asked if two entrances were considered.
Tim Smith said DOT did not want it, and it is cleaner with only one entrance.
Chair Rich asked if the payment in lieu (PIL)for the open space could be explained.
Patrick Mallett said the PIL is determined by the number of units in the park district
that it is in. He said the fee must be paid prior to the recordation, and the money goes into
the park funds for parks and recreation in that area. He said it is a substantial amount of
money.
Commissioner McKee asked if that is standard for all projects.
Tim Smith said yes.
Commissioner Dorosin said the preliminary plat summary says the average lot size
is 1.3 acres, and there was some discussion with the Planning Board about this. He asked
if the size of the houses has been determined.
Tim Smith said that will depend on the size of the lot, but right now the developer is
proposing about 4-5 bedrooms, around 3500-4500 square feet.
Commissioner Price asked if there is a timeline for this development and the road
construction.
Tim Smith said the plan is to build the infrastructure for the roads and create the lots
by late 2019/early 2020.
Patrick Mallett said the interior roads will have to be built to DOT standards prior to
recordation, and it would be in the developer's interest to do the turn lanes on 70 upfront
and work their way inward.
Patrick Mallett said DOT has reserved 5 feet of additional right-of-ways due to
known capital improvements to 70 that are coming online after this project.
Commissioner Price said it will be important to have good public relations on this, as
the roads will be a mess.
PUBLIC COMMENT:
Paul Noe said he is a resident of Eno Township, and he and his neighbors have
been to a lot of the meetings and have expressed their concerns. He said the primary
concern is the large size of the homes going on well and septic, when there are no plans to
have city water out there any time soon. He said as this development goes in, and others
too, he would like to know the demand that will be placed on the water supply. He said he
is concerned that he and his neighbors will have to spend their own money to dig deeper
wells, due to the demand on the water supply. He said the County has assured him and his
neighbors that this will not happen, but he would like to know to whom they should turn if
this does happen. He requested that the Board take these concerns to heart, and for future
development issues.
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Commissioner Bedford asked Planning staff if the Planning Board has requested
that the department study the stormwater runoff.
Michael Harvey, Current Planning and Zoning Supervisor, said the Planning Board
requested that staff provide feedback. He said there are stormwater regulations for more
restrictive areas, and staff has been directed to provide pros and cons to the Planning
Board on this issue. He said when modifying stormwater regulations can increase costs,
and this needs to be understood prior to making a decision. He said current regulations
state that a developer cannot increase the amount of stormwater leaving a site, and he is
confident that this will be the case with this development, but staff is responding to the
Planning Board's request to look at the pros and cons of modifying the standard.
Michael Harvey referred to Commissioner Dorosin's question on recreational
access, and said that Article 7 of the Unified Development Ordinance (UDO) requires
Pedestrian Open Space Access (POSA) easement. He said the applicant is responsible for
providing the POSA, so that internal lot owners can access all open spaces. He said the
applicant is aware of this, and this provision will be complied with.
Commissioner Marcoplos said it would be useful to have a reply to the water supply
and well issue raised by the member of the public, in order to have it on record.
Patrick Mallett said the well and septic issues are of the greatest concern to the
neighbors. He said this is a consideration of the preliminary plat, and there are still DOT
driveway permits to be secured; stormwater and erosion control permit that must be
obtained; a land disturbance permit; as well as septic and well permits, which are required
for each and every lot.
Chair Rich asked if the BOCC approved the preliminary plat, will changes then
come back to the BOCC.
Patrick Mallett said at this level, the preliminary plat is all that the BOCC would
review and approve. He said if there were significantly changes then it would go back
through the Planning Board process.
Michael Harvey said the BOCC is potentially approving the breaking up of this —40-
acre parcel into 20 lots, with 37% open space, accessing via a public road network. He
said individual lot owners will have to go through the appropriate permitting processes,
which will include erosion control, stormwater, environmental health, well, and septic, etc.
He said it is conceivable that one could purchase lot 10, and not be able to build a 4-
bedroom house due to septic and well concerns.
Phil Vilaro from the onsite water protection section from Orange County
Environmental Health, said he has worked in Orange County for 17 years. He said there
are subdivisions in the vicinity with smaller wells, and he is unaware of any mass extinction
or contamination of wells caused by a subdivision with lots of this size. He said the wells
would be built to higher standards than other existing, surrounding lots. He said hard rock
wells are unpredictable, but there is no precedent in Orange County for wells running dry
because of new wells being dug on neighboring land. He said he has never heard of it
happening during his tenure in Orange County. He said in North Carolina, one has the right
to drill a well on your property.
Commissioner McKee said this subdivision is not inconsistent with other ones
approved by the BOCC in Orange County and in Chapel Hill. He said he is not concerned
about the size of the homes. He referred to the access to the open space, and said due to
the small size of the whole parcel, it would not be onerous to interior lot owners to walk to
the path to access open space.
Commissioner Dorosin referred to the size of the houses and points raised by the
Planning Board, and said one thing that may be worth looking at is a PIL for affordable
housing. He said it would be good to reconcile large houses with the BOCC's goals for
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affordable housing with some kind of inclusionary zoning models that Chapel Hill uses, with
incentives, etc. He said this is a topic for further discussion.
Chair Rich said there is a constant goal to get affordable housing, and asked if there
is there a way to get those density bonuses; to think outside the box.
A motion was made by Commissioner Marcoplos, seconded by Commissioner
Bedford for the Board to approve the Preliminary Plat and Resolution of Approval contained
in Attachment 7.
VOTE: UNANIMOUS
MOVED BELOW
5. Public Hearings
Michael Burton, GIS Senior Project Coordinator, presented this item:
a. Public Hearing on Renaming a Portion of Teer Road to Flatrock Road
The Board conducted a public hearing on the renaming of a portion of Teer Road
(Secondary Road 1100) to Flatrock Road
BACKGROUND: North Carolina General Statute §153A-239.1 (NCGS §153A-239.1) grants a
county the authority to rename any road within a county as provided by the statute and by a
County Ordinance after the Board of County Commissioners has held a public hearing. The
Public hearing must be held at least ten days prior to the renaming the road and a notice of the
time, place and subject matter of the hearing prominently posted at the courthouse, in at least
two public places in the township where the road is located, and the notice of the hearing must
be published in a newspaper of general circulation published in the County.
The Orange County Board of Commissioners adopted an Ordinance entitled "An Ordinance to
Assign and Regulate Road Names, House and Building Numbers in Orange County" (the
"Addressing Ordinance") on December 13, 2011. The Addressing Ordinance allows the
Addressing Administrator to rename a road according to NCGS § 6-34(b)(2)(a) which provides,
"Road names may be changed by the Address Administrator when the road name is a duplicate
of another road name within a designated postal area or within Orange County and interferes
with the accurate dispatch of emergency service or postal delivery. In addition, a road name
may be changed when one road has two commonly used names or where portions of what
appears to be the same road has two or more names."
The Addressing Administrator is considering a road name change of a portion of Teer Road
(Secondary Road 1100) to Flatrock Road. Originally Teer Road was a single road, but the Cane
Creek Reservoir now intersects Teer Road. This has caused duplicate named road segments
and prevents free travel from one segment of the road to the other. The duplicate name road
segments on Teer Road interfere with the accurate dispatch of emergency vehicles. Orange
County Emergency Services has requested that a portion of Teer Road (Secondary Road 1100)
be renamed to avoid the inaccurate dispatch of emergency vehicles.
The Address Administrator has corresponded with all of the land owners that would be affected
by the renaming of the road and the land owners agree with the renaming of the road and with
the new name of the road.
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In addition, the Address Administrator contacted the North Carolina Department of
Transportation to ensure that the State Board of Transportation approval was not required to
rename this portion of the road in accordance with NCGS §153A-239.1. As required by North
Carolina law, a Notice of this Public Hearing was published in the News of Orange on
Wednesday, May 15, 2019, The Herald Sun on Sunday, May 19, 2019, and posted at the
following locations:
a. Orange County Courthouse
b. Piedmont Feed & Garden Center on Highway 54
c. Intersection of Teer Road and Bradshaw Quarry Road
NCGS §153A-239.1 requires that after renaming a road, the County shall notify the local
postmaster with jurisdiction over the road, the Board of Transportation, and any city within five
miles of the road.
A motion was made by Commissioner McKee, seconded by Commissioner Greene
to open the Public Hearing.
VOTE: UNANIMOUS
Public Comments:
NONE
A motion was made by Commissioner McKee, seconded by Commissioner Greene
to close the Public Hearing.
VOTE: UNANIMOUS
Commissioner Dorosin clarified that there used to be two Teer Roads.
Michael Burton said originally there was one, and now there are two. He said the
reservoir took a portion of that road out, so it is no longer passable, which leads to great
confusion for Emergency Services.
b. Public Hearing on Renaming a Portion of Apple Mill Road to Rips Nook Road
The Board conducted a public hearing on the renaming of a portion of Apple Mill Road
(Secondary Road 1225) to Rip's Nook Road.
Michael Burton presented this item:
BACKGROUND: North Carolina General Statute §153A-239.1 (NCGS §153A-239.1) grants a
county the authority to rename any road within a county as provided by the statute and by a
County Ordinance after the Board of County Commissioners has held a public hearing. The
Public hearing must be held at least ten days prior to the renaming the road and a notice of the
time, place and subject matter of the hearing prominently posted at the courthouse, in at least
two public places in the township where the road is located, and the notice of the hearing must
be published in a newspaper of general circulation published in the County.
The Orange County Board of Commissioners adopted an Ordinance entitled "An Ordinance to
Assign and Regulate Road Names, House and Building Numbers in Orange County" (the
"Addressing Ordinance") on December 13, 2011. The Addressing Ordinance allows the
Addressing Administrator to rename a road according to NCGS § 6-34(b)(2)(a)which provides,
"Road names may be changed by the Address Administrator when the road name is a duplicate
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of another road name within a designated postal area or within Orange County and interferes
with the accurate dispatch of emergency service or postal delivery. In addition, a road name
may be changed when one road has two commonly used names or where portions of what
appears to be the same road has two or more names."
The Addressing Administrator is considering a road name change of a portion of Apple Mill
Road (Secondary Road 1225) to Rip's Nook Road. Originally Apple Mill Road was a single road,
but the Cane Creek Reservoir now intersects Apple Mill Road. This has caused duplicate
named road segments and prevents free travel from one segment of the road to the other. The
duplicate name road segments on Apple Mill Road interfere with the accurate dispatch of
emergency vehicles. Orange County Emergency Services has requested that a portion of Apple
Mill Road (Secondary Road 1225) be renamed to avoid the inaccurate dispatch of emergency
vehicles.
The Addressing Administrator has corresponded with all of the land owners that would be
affected by the renaming of the road and land owners agree with the renaming of the road and
with the new name of the road. In addition, the Address Administrator contacted the North
Carolina Department of Transportation to ensure that the State Board of Transportation
approval was not required to rename this portion of the road in accordance with NCGS §153A-
239.1.
As required by North Carolina law, a Notice of this Public Hearing was published in the News of
Orange on Wednesday, May 15, 2019, The Herald Sun on Sunday, May 19, 2019, and posted
at the following locations:
d. Orange County Courthouse
e. Piedmont Feed & Garden Center on Highway 54
f. Intersection of Apple Mill Road and Teer Road
NCGS §153A-239.1 requires that after renaming a road, the County shall notify the local
postmaster with jurisdiction over the road, the Board of Transportation, and to any city within
five miles of the road.
Commissioner Dorosin asked if there is a process for picking these names.
Michael Burton said residents are asked for a majority vote on three names. He said the
neighbors picked the names on which to vote.
A motion was made by Commissioner Bedford, seconded by Commissioner McKee
to open the Public Hearing.
VOTE: UNANIMOUS
Public Comments:
NONE
A motion was made by Commissioner Bedford, seconded by Commissioner McKee
to close the Public Hearing.
Chair Rich said one resident wants a low house number, and asked if staff can
accommodate this request.
Michael Burton said yes.
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VOTE: UNANIMOUS
c. Zoning Atlas Amendment - 2616 Old Greensboro Road (PIN 9758-42-4098)
The Board held a public hearing, receive the Planning Board recommendation, and
consider action on a property owner initiated amendment to the Zoning Atlas for a parcel of
property at 2616 Old Greensboro Road. Specifically, the applicant is requesting the property be
rezoned:
From: Existing Commercial (EC-5); Rural Buffer (RB); University Lake Protected Watershed
Protection Overlay District
To: EC-5; University Lake Protected Watershed Protection Overlay District to ensure existing
non-residential land uses are conforming to the requirements of the Unified Development
Ordinance (UDO) to ensure existing non-residential land uses are conforming to the
requirements of the Unified Development Ordinance (UDO).
BACKGROUND: In 2016, staff initiated a review of several properties throughout the County
that were split zoned (i.e. residential and non-residential zoning designations), zoned
nonresidential where there was no corresponding non-residential land use, and where existing
zoning boundaries did not allow for the logical use of property.
As reported at that time, there were many instances where previous staff had drawn zoning
district boundaries in a manner encompassing the actual land use (i.e. building) while excluding
other areas, most notably parking, septic fields and/or required land use buffers. Staff worked
with several property owners, including the current applicant, in an attempt to address these
problems by updating the zoning designations on various parcels.
2616 Old Greensboro Road, further identified utilizing Orange County Parcel Identification
Number (PIN) 9758-42-4098, is an approximately 4 acre parcel of property split zoned RB and 1
EC-5. EC-5 is the general use zoning designation specifically crafted to capture "grandfathered"
non-residential uses in existence prior to the adoption of zoning in each township. In this case,
Bingham Township (including this property) was originally zoned in 1981.
The property has been used as a self-storage facility, wood working shop, and residence since
approximately 1977. Current zoning designations split the existing non-residential land uses into
separate districts (i.e. portions are located within both the EC-5 and RB general use zoning
designations).
When staff initiated zoning atlas amendments in 2016, the property owner requested this
property not be considered to allow additional opportunity to review impacts. Since that time, the
property owner has elected to submit the required zoning atlas amendment application seeking
to proceed with a rezoning of the property, eliminating the existing split zoning and zone the
entire parcel EC-5, consistent with staff's original proposal in 2016.
It is unclear why the original zoning effort undertaken in the Bingham Township, which occurred
in 1981, failed to capture the various non-residential land uses that were in existence on the
property. This request, however, will address this matter by rezoning the property entirely to EC-
5.
Development Process, Schedule, and Action: The typical cadence for the review of a
General Use Rezoning and Zoning Atlas amendment is:
38
g. FIRST ACTION — Submission of a General Rezoning application with required
supporting documents by the property owner.
STAFF COMMENT. Mr. Stan Lawton, the property and business owner, submitted the
required materials on February 4, 2019. Staff determined the application to be complete
on February 27, 2019.
h. SECOND ACTION —The Planning Board receives the application and staff prepared
materials and makes a recommendation on the Rezoning request.
STAFF COMMENT: Staff presented this request and the Planning Board made a
unanimous recommendation to approve the request at its May 1, 2019 regular meeting.
i. THIRD ACTION —The BOCC holds a public hearing on the request; receives the
application materials and recommendations, and takes action on the request.
STAFF COMMENT. Staff will present these materials and facilitate the public hearing at
the BOCC's June 4, 2019 regular meeting.
Site specific information on the property, and request, is as follows:
Township: PIN: Owner: Existing Zoning: Request:
Bingham 9758-42-4098 Thomas Lawton Rural Buffer (RB) (2.65 Expand the existing EC-5
2616 Old acres)AND zoning designation to the
Greensboro entire parcel (4.08 acres)
Chapel Hill, NC. E°sting Commercial(EC-5) ensuring all structures
27518 (1.43acres) associated with operation
University Lake Protected are located within the
Watershed Oveday District appropriate district.
Public Notifications: In accordance with Section 2.8.7 of the UDO:
j. May 1, 2019 Planning Board Meeting: Notices of the date, time, location, and purpose of
the meeting were sent via first class mail to all property owners within 1,000 feet of the
subject parcel on April 16, 2019. A sign advertising the date, time, location, and purpose
of the meeting was posted on the property on April 18, 2019.
k. June 4, 2019 BOCC Public Hearing: Notices of the date, time, location, and purpose of
the public hearing were mailed to the same residents, via first class mail, on May 20,
2019. A sign denoting the date, time, location, and purpose of the public hearing was
posted on the property on May 24, 2019.
Legal ads advertising the date, time, location, and purpose of the BOCC public hearing were
included in the News of Orange and the Durham Herald Sun on May 22, 2019 and again on
May 29, 2019.
JPA Review: This request is located within the Rural Buffer (RB) zoning district and within
the
Joint Planning Area (JPA) with the Town of Carrboro having review opportunity. In
accordance with the provisions of the JPA, the Town of Carrboro was notified of this request
on April 11, 2019. To date, no comments have been received from the Town.
Planning Board Recommendation: At its May 1, 2019 meeting, the Planning Board voted
unanimously to recommend approval of the Statement of Consistency and the ordinance
approving the Zoning Atlas Amendment. Agenda materials from the May 1, 2019 meeting
can be viewed at:
https://www.orangecountync.gov/AgendaCenter/Planning-Board-26.
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Planning Director's Recommendation: The Planning Director has found the request
consistent with several provisions of the 2030 Comprehensive Plan, notably:
18. ECONOMIC DEVELOPMENT ELEMENT:
a. Objective ED-1.5: Identify barriers to development of desirable businesses and
local businesses, and mitigate these barriers.
a. CHAPTER 5: LAND USE ELEMENT:
b. Land Use Overreaching Goal: Coordination of the amount, location, pattern and
designation of future land uses, with availability of County services and facilities
sufficient to meet the needs of Orange County's population and economy
consistent with other Comprehensive Plan element goals and objectives.
c. Land Use Goal 1 — Fiscally and environmentally responsible, sustainable growth
consistent with the provision of adequate services and facilities and a high quality
of life.
d. Land Use Goal 4: Land development regulations, guidelines, techniques and/or
incentives that promote the integrated achievement of all Comprehensive Plan
goals.
Based on this analysis, the Director recommends approval of the zoning atlas amendment
application subject to the approval of:
i. The Statement of Consistency, as contained in Attachment 6, indicating that the
proposed zoning atlas amendment is consistent with the adopted Plan, and the request is
reasonable and in the public interest; and
ii. The Ordinance amending the Orange County Zoning Atlas as contained in
Attachment 7.
VOTE: UNANIMOUS
Patrick Mallett made the following PowerPoint presentation:
June 4, 2019
BOCC Agenda Item 5c:
Lawton Rezoning
Review and Recommendation on
Zoning Atlas Amendment/General Use Rezoning
Orange County Planning Department
Vicinity Map
Site: Existing Conditions &Zoning
Zoning Exhibit
Site Summary
Land Use Element of the Comprehensive Plan
Growth Management System
Summary
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■ Part of 2016 Staff initiated Rezoning cases.
■ Staff recommended rezoning all to EC-5.
■ Put on hold while owner considered long-term plans.
■ Has operated as a storage business since 1977. Prior to that was a wood working and
truss business for several decades.
■ Bingham township was zoned in 1981.
■ Zoning did not capture all the non-residential uses.
■ Planning Board voted unanimously to recommend approval of the rezoning.
Site Photos
Sign and entrance along Old Greensboro Road
Site Photos
Main storage building
Site Photos
Enclosed outdoor storage and original wood shop
Site Photos
Office and residence
Site Photos
Eastern property line and koi ponds
Site Photos
Entrance at Old Greensboro Road facing west
Site Photos
Entrance at Old Greensboro Road facing east
RECOMMENDATIONS:
The Manager recommends the Board:
t. Review the proposed Zoning Atlas amendment materials;
2. Receive the Planning Board's recommendation;
3. Close the Public Hearing;
4. Deliberate on the petition as desired,
5. Consider the Planning Director's recommendation, and
6. Decide accordingly and/or adopt the Statement of Consistency, contained within
Attachment 6, and the Ordinance amending the Zoning Atlas, contained within
Attachment 7, as recommended by the Planning Board and Staff.
A motion was made by Commissioner McKee, seconded by Commissioner
Marcoplos to open the Public Hearing.
VOTE: UNANIMOUS
Public Comments:
NONE
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A motion was made by Commissioner McKee, seconded by Commissioner
Marcoplos to close the Public Hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner Bedford, seconded by Commissioner McKee for
the Board to adopt the proposed amendments by approving the Statement of Consistency
outlined in Attachment 6 and the Unified Development Ordinance as outlined in Attachment 7,
as recommended by the Planning Board and the Planning Director.
VOTE: UNANIMOUS
7. Reports
NONE
8. Consent Agenda
• Removal of Any Items from Consent Agenda
• Approval of Remaining Consent Agenda
A motion was made by Commissioner Greene, seconded by Commissioner Dorosin
to approve the remaining items on the Consent Agenda.
VOTE: UNANIMOUS
Discussion and Approval of the Items Removed from the Consent Agenda
a. Minutes
The Board approved the minutes from May 14 and 16, 2019 as submitted by the Clerk to
the Board.
b. Motor Vehicle Property Tax Releases/Refunds
The Board adopted a resolution, which is incorporated by reference, to release motor
vehicle property tax values for four taxpayers with a total of six bills that will result in a
reduction of revenue, in accordance with NCGS.
c. Property Tax Releases/Refunds
The Board adopted a resolution, which is incorporated by reference, to release property
tax values for four taxpayers with a total of thirteen bills that will result in a reduction of
revenue in accordance with North Carolina General Statute 105-381.
d. Fiscal Year 2018-19 Budget Amendment #10
The Board approved budget ordinance amendments for fiscal year 2018-19 for Juvenile
Crime Prevention Council; and miscellaneous.
e. Schools Adequate Public Facilities Ordinance —Approval and Certification of 2019
Report
The Board approved and certified the 2019 Schools Adequate Public Facilities
Ordinance Technical Advisory Committee (SAPFOTAC) Report and certified portions of
the Report.
f. Tax Refund Request—John C. Guibert III
The Board considered this item earlier in the meeting.
g. Orange County ABC Board Travel Policy
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The Board approved the Orange County Alcoholic Beverage Control (ABC) Board's
adoption and continued use of Orange County's Travel Policy.
9. County Manager's Report
Bonnie Hammersley said she just sent an email to the Board for the solid waste fee
waiver for those impacted by the storm on April 5. She said this will be widely distributed,
and refunds can be made retroactively for those residents with receipts. She said staff also
completed a crisis track, which identified all the properties that could have suffered storm
damage.
Bonnie Hammersley said the Board has budget work sessions on June 6 and June
11 t"
10. County Attorney's Report
NONE
11. *Appointments
a. Adult Care Home Community Advisory Committee —Appointments
A motion was made by Commissioner Dorosin seconded by Commissioner Marcoplos to
appoint the following to the Adult Care Home Community Advisory Committee:
• Position 4: Joan Rehm to an At-Large position for a One Year Initial Term ending
06/04/2020.
• Position 9: Olivia Fisher to an At-Large position for a One Year Initial Term ending
06/04/2020.
• Position 11: MaryLou Gelblum to an At-Large position for a One Year Initial Term
ending 06/04/2020.
• Position 12: Karen Green-McElveen to an At-Large position for a One Year Initial Term
ending 06/04/2020.
VOTE: UNANIMOUS
b. Alcoholic Beverage Control Board —Appointment and Chair Selection
The Board considered making an appointment to the Alcoholic Beverage Control Board.
A motion was made by Commissioner Price seconded by Commissioner Bedford to
appoint the following to the Alcoholic Beverage Control Board:
• Position 5: Elizabeth Carter to an At-Large position for a First Full Term ending
06/30/2022.
VOTE: UNANIMOUS
A motion was made by Commissioner Dorosin, seconded by Commissioner Price to
appoint Keith Bagley as the Chair to the ABC Board for FY 19-20.
VOTE: UNANIMOUS
c. Board of Health —Appointments
The Board considered making appointments to the Board of Health.
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A motion was made by Commissioner Dorosin, seconded by Commissioner Price to
appoint the following to the Board of Health:
• Position 2: Dr. Jennifer Deyo to the At-Large Pharmacist position for a Second Full
Term with a term ending of 06/30/2022.
• Position 9: Dr. Sam Laris to the At-Large Dentist position for a Third Full Term* with a
term ending date of 06/30/2022.
VOTE: UNANIMOUS
d. Orange County Parks and Recreation Council —Appointment
The Board considered making an appointment to the Orange County Parks and
Recreation Council.
A motion was made by Commissioner Marcoplos, seconded by Commissioner Price to
appoint the following to the Orange County Parks and Recreation Council:
• Position 3: Jennifer Moore to the Cedar Grove Township position for a Partial Term
with a term ending 03/31/2021.
(The above recommendation applicant does not live in Cedar Grove Township. Please
refer to the recommendation letter for details).
VOTE: UNANIMOUS
12. Information Items
The Board received the following information items:
• May 21, 2019 BOCC Meeting Follow-up Actions List
• Tax Collector's Report— Numerical Analysis
• Tax Collector's Report— Measure of Enforced Collections
• Tax Assessor's Report— Releases/Refunds under $100
• Memorandum Regarding Orange County's Role in Transportation Decision Making
Processes
• Memorandum Regarding Triangle Regional Freight Plan
• Memorandum — Community Child Protection Team Report
13. Closed Session
NONE
14. Adjournment
A motion was made by Commissioner Price seconded by Commissioner McKee to
adjourn the meeting at 10:08 p.m.
Commissioner Greene said she appreciated the information item/memorandum that
was provided as general overview to the BOCC on the role it plays in various transportation
decision-making processes. She said she found this extremely helpful.
VOTE: UNANIMOUS
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Penny Rich, Chair
Donna Baker
Clerk to the Board