HomeMy WebLinkAboutAgenda - 02-04-20 8-a - Minutes 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 4, 2020
Action Agenda
Item No. 8-a
SUBJECT: Minutes
DEPARTMENT: Board of County
Commissioners
ATTACHMENT(S): INFORMATION CONTACT:
Draft Minutes (Under Separate Cover) Donna Baker, Clerk to the Board
919-245-2130
PURPOSE: To correct and/or approve the draft minutes as submitted by the Clerk to the Board
as listed below.
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
January 21, 2020 BOCC Business Meeting
FINANCIAL IMPACT: There is no Orange County Social Justice Goal impact associated with
this item.
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated
with this item.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
1
1 Attachment 1
2
3 DRAFT
4 MINUTES
5 BOARD OF COMMISSIONERS
6 BUSINESS MEETING
7 January 21, 2020
8 7:00 p.m.
9
10 The Orange County Board of Commissioners met in a Business Meeting on Tuesday,
11 January 21, 2020 at 7:00 p.m. at the Whitted Human Services Center in Hillsborough, N.C.
12
13 COUNTY COMMISSIONERS PRESENT: Chair Penny Rich and Commissioners Jamezetta
14 Bedford, Mark Dorosin, Sally Greene, Earl McKee, Mark Marcoplos, and Renee Price
15 COUNTY COMMISSIONERS ABSENT: None
16 COUNTY ATTORNEYS PRESENT: John Roberts
17 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
18 Travis Myren, and Clerk to the Board Donna Baker (All other staff members will be identified
19 appropriately below.)
20
21 Chair Rich called the meeting to order at 7:00 p.m.
22
23 1. Additions or Changes to the Agenda
24
25 Chair Rich noted the following items at the Commissioners' places:
26 - 4b- PowerPoint and Report for OWASA
27 - 6a- PowerPoint and Revised Resolution for Greene Tract
28 - Blue sheet: Board of County Commissioners' quarterly travel expenses
29 - Green sheet: Information from Commissioner Greene re: Removal of Thomas Ruffin's picture
30 - White sheet: Two resident post cards in re: Refugees' resettlement
31
32 PUBLIC CHARGE
33 The Chair acknowledged the public charge
34
35 Arts Moment
36 Katie Murray, Orange County Arts Commission Coordinator, introduced Karina
37 Castaneda Esparza:
38 Karina Castaneda Esparza is a proud daughter of two immigrant parents. She is from Mebane,
39 North Carolina. Her top priority at the moment is to continue her academic journey and make
40 her parents proud. She plans to major in psychology. While she does not know exactly what
41 she want her career to be, she knows for a fact that she is headed toward a place in life her
42 parents have always dreamt of for her. Since her freshman year at Orange High School, she
43 has worked tutoring students that recently came from Spanish speaking countries or who
44 struggle with the English language. She is committed to leading other Latinx students and
45 minorities toward success. Over the past two years she has been involved in many community
46 service programs and events and photography. She cares about unity and equality and knows
47 that with strong, forward thinking and diverse students, girls and boys of every color will be able
48 to thrive and earn the education they deserve.
49 Karina Castaneda Esparza read an excerpt of her work.
50
2
1
2
3 2. Public Comments
4
5 a. Matters not on the Printed Agenda
6 Riley Ruske said he has several hopes for the Board of County Commissioners
7 (BOCC) this coming year: it would uphold its oath of office to support and maintain the
8 constitution and laws of the United States and North Carolina; rescind all resolutions
9 supporting illegal immigration as well as those that infringe on citizen freedoms; and to
10 publicly discuss and vote on any public petitions. He closed his comments by reciting the
11 Pledge of Allegiance, inviting the Board and staff to join him, many of whom did not do so
12 the last time he recited the pledge at a meeting.
13 Seamus O'Neill said he would like to ask the Board of County Commissioners to
14 repeal the sales tax that was installed 10 years ago to support the light rail. He said this
15 sales tax is one of the most regressive taxes and most strongly harms those that are
16 least able to pay for it.
17
18 b. Matters on the Printed Agenda
19 (These matters will be considered when the Board addresses that item on the agenda
20 below.)
21
22 3. Announcements, Petitions and Comments by Board Members
23 Commissioner Dorosin said he attended the ABC Board meeting last week, and one of
24 the issues being discussed is increasing the living wage. He said this board is currently paying
25 the living wage, and it is now time for an increase and there is concern about compression. He
26 said the last time it was done, the overall cost was around $100,000, including compression.
27 He said the board is concerned that if it does the updated adjustment, it would want to include
28 the compression costs again. He said the board asked him to take a proposal back to the
29 Board of County Commissioners proposing that the amount the ABC Board contributes to the
30 general fund be reduced by the same amount as the increase needed to cover the living wage
31 increase. He said he would be in favor of discussing this compromise, given the BOCC's
32 support of the living wage.
33 Chair Rich said this topic can be added as an agenda item at a future meeting for
34 further discussion.
35 Commissioner Marcoplos said Durham County has stopped purchasing plastic water
36 bottles with county funds, and he petitioned that Orange County do the same.
37 Commissioner Greene referred to the green sheet at the Commissioners' places, and
38 said the portrait in the County Courthouse of Thomas Ruffin has come down. She said Senior
39 Superior Court Judge Fox made this request after having a conversation with former Public
40 Defender James Williams. She said James Williams made this request as new information
41 about Judge Ruffin has come to light regarding his personal life. She said the North Carolina
42 Supreme Court is also considering removing a portrait of Judge Ruffin, which sits prominently
43 behind the Chief Justice. She petitioned the Board to issue a statement informing the public
44 about this decision and why it was made, which can be sent to Judge Fox and Chief Justice
45 Cheri Beasley. She sent the following email to the BOCC:
46
47 As a result of conversations that former public defender James Williams has had with Judge
48 Fox—bringing forward new information—Judge Fox requested the removal of the portrait of
49 Chief Justice Thomas Ruffin that had been hanging in the courtroom of the historic Orange
50 County Courthouse. My understanding is that Travis has honored his request by seeing to the
3
1 removal and placing the portrait in storage.
2
3 This discussion arose in the context of a discussion currently happening at the N.C. Supreme
4 Court level about the appropriateness of the placement of a large portrait of Judge Ruffin in the
5 most prominent position, behind the Chief Justice's seat, in the Supreme Court courtroom.
6 Chair Rich has sent you a recent news story explaining the research and reasoning behind this
7 concern.
8
9 I'm hoping that tonight we can vote to endorse this statement and decide to send it especially to
10 Judge Fox and to Chief Justice Beasley.
11
12 Commissioner Greene read the following:
13
14 Last week, Senior Resident Superior Court Judge Carl R. Fox requested the
15 removal of the portrait of former North Carolina Supreme Court Chief Justice Thomas Ruffin
16 from the courtroom in the historic Orange County Courthouse "because of his racist past and
17 his participation in slave trading and slave ownership." The county manager's office has
18 complied with his request.
19
20 A Hillsborough attorney, Orange County farmer, and trustee of the University of North
21 Carolina at Chapel Hill, Ruffin joined the Supreme Court in 1829, serving as chief justice from
22 1833 to 1852. The portrait is a copy of one commissioned by an honor society at UNC. It had
23 hung in the courtroom since a renovation in 1993.
24
25 Ruffin was nationally recognized during his lifetime for his keen judicial mind. Little
26 mentioned after his death, however, was an opinion in recent years deemed to be among the
27 most shocking in the entire body of slavery law. State v. Mann (1829), as Judge Fox wrote in a
28 statement, "rivals the Dred Scott decision in its horror and inhumanity."
29
30 State v. Mann gave enslavers virtually unlimited powers of discipline. In overturning a
31 Chowan County's verdict of assault against a man who had shot a young enslaved African
32 American woman in the back as she fled from his chastisement, Ruffin wrote: "The power of the
33 master must be absolute, to render the submission of the slave perfect." There was no legal or
34 statutory precedent to justify the opinion. Its language was broadly circulated, licensing extreme
35 physical abuse.
36
37 As a businessman, Ruffin trafficked in human lives: he secretly partnered with a South
38 Carolina man in a speculative slave trading business. His personal life too indicates little
39 respect for enslaved people: he once took a cane to an enslaved woman who had come on to
40 his property without permission.
41
42 These facts are among those discovered in original research conducted by UNC law
43 professor Eric Muller and Commissioner Sally Greene.* As a result of their findings, the large
44 portrait of Judge Ruffin prominently placed in the courtroom of the North Carolina Supreme
45 Court has come under scrutiny. A committee named by Chief Justice Cheri Beasley is in the
46 process of considering the appropriate disposition for this and the other portraits in the Court's
47 collection. Their deliberations are expected to continue through the end of 2020.
48
49 As the truth about Ruffin's life and work becomes more widely known, it is increasingly
50 difficult to justify his portrait in a position of special honor in any courthouse. The Orange
4
1 County Board of Commissioners applauds Judge Fox's exemplary leadership in recognizing the
2 silent but very real impact that the portrait of Ruffin could have on the interests of fair and
3 impartial justice in Orange County and in taking appropriate action.
4
5 *Op-ed published on Oct. 25, 2019, in the News & Observer,
6 https://www.newsobserver.com/opinion/article220326985.html
7
8 Chair Rich said she asked Commissioner Greene to read this so the BOCC could
9 discuss it, possibly put it on letterhead, and send it to Judges Fox and Beasley.
10 Commissioner Marcoplos thanked Commissioner Greene.
11 Commissioner Dorosin said something should also be put on the County website.
12 Commissioner Price said the woman that was shot was named Lydia, which should be
13 recognized. She said Thomas Ruffin is buried here in Hillsborough, and no one has ever taken
14 any action up to now. She said it is time that something is done.
15 Commissioner Greene said the Triangle J Council of Governments (TJCOG) is having a
16 meeting on February 51" on affordable housing, and both she and Chair Rich cannot attend.
17 She said the meeting is asking for elected officials to attend.
18 Commissioner Price thanked all of the organizers and participants of MLK events. She
19 said the Durham Chapel Hill Carrboro Metropolitan Planning Organization (MPO) approved a
20 release of a draft Unified Planning Work Program, and a public hearing will held at the next
21 MPO meeting on February 12`" in Durham.
22 Commissioner Price said some constituents are concerned about the agreement
23 between the UNC Board of Governors and the Sons of the Confederate Veterans. She said
24 she would like the BOCC to consider sending a letter of support.
25 Chair Rich said MILK weekend was amazing, and she congratulated Carrboro on the
26 grand opening of the MLK Park.
27
28 4. Proclamations/ Resolutions/ Special Presentations
29
30 a. National Mentoring Month Proclamation
31 The Board considered voting to approve a proclamation designating January 2020 as
32 National Mentoring Month in Orange County and authorize the Chair to sign.
33 Commissioner Price presented the information below:
34
35 BACKGROUND: National Mentoring Month is a campaign held each January to promote youth
36 mentoring in the United States. It was inaugurated in 2002, and has been spearheaded by the
37 Harvard School of Public Health and MENTOR: The National Mentoring Partnership.
38 National Mentoring Month focuses national attention on the need for mentors, as well as how
39 individuals, businesses, government agencies, schools, faith communities and nonprofits can
40 work together to increase the number of mentors to help ensure positive outcomes for young
41 people. The campaign celebrates mentoring and the positive effect it can have on young lives,
42 with goals to:
43 • Raise awareness of mentoring in its various forms;
44 . Recruit individuals to mentor, especially in programs that have waiting lists of young
45 people; and
46 • Promote the rapid growth of mentoring by recruiting organizations to engage their
47 constituents in mentoring.
48 Mentoring is a critical component in young people's lives, helping them make the decisions and
49 connections that lead to opportunity.
50
5
1 Commissioner Price introduced individuals representing various mentoring groups in
2 Orange County:
3 • Atrayus Goode, President and CEO, Movement of Youth
4 • Charlene & Jeff Campbell, Co-Founders, Beyond Expectations, Inc.
5 • Bishop Victor Glover, Executive Director, Fathers on the Move
6
7 Commissioner Price read the proclamation:
8 ORANGE COUNTY BOARD OF COMMISSIONERS
9 NATIONAL MENTORING MONTH
10 PROCLAMATION
11
12 WHEREAS, the people of Orange County honor caring adult mentors who support young
13 people by showing up for them every day and demonstrating their commitment to helping them
14 thrive; and
15
16 WHEREAS, mentoring programs such as MENTOR North Carolina make our local
17 communities, our state and our nation stronger; and
18
19 WHEREAS, quality mentoring promotes healthy relationships and communication, positive self-
20 esteem and growth of a young person; and
21
22 WHEREAS, students who meet regularly with their mentors are more than fifty-two percent
23 [52%] less likely than their peers to skip a day of school, and youth who face an opportunity gap
24 and have a mentor are fifty-five percent [55%] more likely to be enrolled in college than those
25 who had no mentor; and
26
27 WHEREAS, youth who regularly meet with their mentors are forty-six percent [46%] less likely
28 than their peers to start using drugs and twenty-seven percent [27%] less likely to start drinking
29 alcoholic beverages; and
30
31 WHEREAS, two-thirds of adults consider it highly important for young people to have mentors,
32 and that same population estimates that only a quarter of youth have the mentors they need;
33 and
34
35 WHEREAS, research shows that forty-four percent [44%] of adults not yet mentoring are willing
36 to consider mentoring, and that mentoring is poised for growth; and
37
38 WHEREAS, almost half of young adults today report having a mentor in their youth and those
39 rates appear to have been rising steadily over the past several decades; and
40
41 WHEREAS, National Mentoring Month is the time of year where engagement from community
42 members interested in becoming a mentor is highest;
43
44 NOW, THEREFORE, the Orange County Board of County Commissioners does hereby
45 proclaim January 2020 as National Mentoring Month in Orange County, and encourages all
46 residents to take this opportunity to celebrate, elevate and encourage mentoring in communities
47 across the county.
48
49 This the 21 sc day of January 2020.
50
6
1 A motion was made by Commissioner Price, seconded by Commissioner McKee for the
2 Board to approve and authorize the Chair to sign the proclamation.
3
4 VOTE: UNANIMOUS
5
6 Bishop Victor Glover, Executive Director, Fathers on the Move, said mentoring is his
7 passion and purpose, and if he had had a mentor in school he would have probably gone to
8 college. He said he wants to give back and help.
9 Charlene and Jeff Campbell, Co-Founders of Beyond Expectations, Inc., said they
10 mentor kids in grade 6-12, and a mentee can come in all kinds of form and fashion. They said
11 they are kind of a mom-and-pop mentoring, with about 25 kids in the program. They said they
12 are mainly in Hillsborough and work with middle and high schools.
13
14 b. OWASA Annual Update Presentation
15 The Board received a presentation and information from the Orange Water and Sewer
16 Authority (OWASA) on recent activities.
17
18 BACKGROUND: At the beginning of each calendar year over the last decade, OWASA
19 representatives have appeared before the Board of Commissioners to make a presentation on
20 recent OWASA activities. OWASA Executive Director Ed Kerwin will also be available at the
21 meeting to provide information and respond to questions.
22
23 Commissioner Bedford arrived at 7:40 p.m.
24
25 OWASA Board Chair Ray DuBose and Board member Jody Eimers made the following
26 PowerPoint presentation:
27
28 OWASA's Annual Update for Board of County Commissioners
29 Jody Eimers and Raymond DuBose
30 January 21, 2020
31
32 Key OWASA Initiatives
33 • System resiliency and infrastructure investments
34 • Forest Management-to protect watersheds and forest health
35 • Energy Management
36 ➢ Solar PV
37 ➢ Participation on Orange County Climate Council
38
39 System Resiliency/Infrastructure Investments
40 • Remains high priority; -50 cents of every dollar of OWASA revenue invested in
41 renewing and replacing infrastructure
42 • Capital improvement investments:
43 FY 2019 FY 2020 FY 2020-2024
44 -$17 million -$28 million -$113 million
45 Plan to replace -14 miles of water mains over next 5 years
46
47 Drinking Water System Resiliency
48 Board approved resources to improve execution of capital improvement projects and
49 maintenance of OWASA's -13,000 valves in the water distribution system
7
1 • This spring, construction is expected to start on -$3.7 million project to simplify and
2 increase resiliency of complex piping leaving the Jones Ferry Road Water Treatment
3 Plant
4 • Completing development of industry best-practice model to prioritize replacement of
5 water mains
6
7 Historic Water Main Breaks (graph)
8
9 Commissioner Price referred to the graph, and asked if there is a trend.
10 Ray DuBose said the trend shows that the black triangles go down as OWASA
11 investments continue.
12 Commissioner Price asked if the green bars have significance.
13 Ray DuBose said the green bars represent the amount of money that OWASA has
14 invested each year in replacing piping infrastructure.
15 Jody Eimers resumed the presentation:
16
17 OWASA owns about 2400 acres of forested land, the majority for protecting the Cane
18 Creek Watershed
19
20 OWASA Forest Land
21 Vision
22 Protect water quality now and for future generations by following science-based
23 principles to manage our forest lands so they are healthy, diverse, resilient, and
24 sustainable.
25 Guiding Principles
26 • Protect water quality, OWASA's highest priority
27 • Improve ecological health of forested land
28 • Reduce the risk of wildfire
29 • Improve wildlife habitat and species diversity
30 • Sustainably manage OWASA's resources
31 • Engage the community and partner agencies
32 • Minimize adverse impacts on neighbors and surrounding community
33
34 Forest Management Next Steps
35 • Based on forest health, prioritize land needing active management
36 • Prepare draft stewardship plans on priority sites and share with neighbors
37 • Finalize plans and implement
38 • Keep the community (and local governments) informed and involved
39
40 Energy Management Goals and Progress
41 Reduce purchased natural gas from 2010 levels by 5% by 2020
42 • Reduced by 28%
43 Beneficially use all methane generated at wastewater treatment plant
44 • Under long-term consideration
45 Reduce purchased electricity from 2010 levels by 35% by 2022
46 Reduced by 28%
47
48 Solar Lease
49 • New financial option in NC
8
1 • Minimal upfront costs; can utilize Duke Energy solar rebate for down-payment
2 • Public-private partnership = lower cost overall
3 • RFP issued in July 2019
4 -2 responses
5 -Eagle Solar and Light submitted a responsive proposal
6
7 Cane Creek Ground Mount Solar PV SVstem
8
9 Biosolids Application Land Ground Mount Solar PV SVstem
10
11 Energy Management Next Steps
12 • Solar Lease
13 o Neighborhood Engagement
14 o Local Permitting
15 o Interconnection Request
16 • Energy Management Plan
17 o Identify opportunities to reduce energy use cost-effectively
18 • County Efforts
19 o Engage with and support Orange County Climate Council
20
21 Commissioner Greene referred to the methane gas issue, and asked if the impediments
22 could be identified, as well as the gains achieved should all the methane be used.
23 Jody Eimers said the gain would be not releasing any methane into the atmosphere.
24 She said OWASA can provide a list of impediments to the BOCC.
25 Commissioner Dorosin said when the BOCC receives these reports, he starts thinking
26 how expensive it is. He said he understands that OWASA's position is that there is no flexibility
27 on the rates, based on its interpretation of the law, but referred to the care-to-share day
28 program, and asked if this could be further clarified. He said he would like to know how much
29 money gets raised; how do people that need the assistance apply; and how many costs are
30 being defrayed. He said this is likely a program of limited viability, but the County is focused on
31 affordable housing and economic diversity.
32 Ray DuBose said this program is in its infancy, and in the beginning it was a round up
33 program, but in the last couple of years the emphasis has been to ask customers to do a fixed
34 donation each month. He said these monies go to the Inter-Faith Council (IFC) to help people
35 pay their bills, and last year $10,000 was collected, which met all of the requests from the IFC.
36 Commissioner Dorosin asked if OWASA gets any data/reports on these requests.
37 Ray DuBose said OWASA met all of the requests from the IFC and does not keep any
38 records. He said he does not know this program will continue in the future, or how it may
39 change, but OWASA is exploring possible ideas.
40 Commissioner Marcoplos said he and Chair Rich last met with OWASA after the
41 discussion of the possible widening of Highway 54. He said the pipes that run from Cane Creek
42 reservoir to the plant run right down Highway 54, which is one of the implications of widening
43 the road.
44 Chair Rich said the website indicated that the reservoirs are close to full. She said the
45 OWASA area uses 6.4 million gallons of water, which indicates that conservations efforts are
46 working well.
47 The OWASA representatives submitted the following report:
48
49 OWASA Annual Report
9
1 We are pleased to submit this report on our service, projects, and initiatives since November
2 2019. This report includes information on the following items:
3 1. Key System Resiliency Improvements
4 2. Executive Director Transition Update
5 3. New Revenue Bonds
6 4. PFAS Monitoring Update
7 5. Care to Share Day
8 6. Youth Water Academy
9 7. Infrastructure Investments
10
11 Key System Resiliency Improvements:
12 OWASA has completed key portions of several major projects to improve resiliency throughout
13 the community's water and wastewater system. This quarter, significant progress was made on
14 projects at the Jones Ferry Water Treatment Plant (WTP):
15
16 Design work has been completed to simplify and increase resiliency of a complex piping
17 network around the WTP. We expect to award a construction contract for the project in
18 March and estimate construction will run from summer 2020 through summer 2021. This
19 project was taken up following the November 2018 water emergency.
20
21 The design process has also been completed for a project at the WTP to replace aging
22 bulk chemical storage tanks, a safety containment area, and chemical system feed
23 pumps.
24
25 Preliminary work is underway to convert the remainder of the WTP's electrical
26 distribution system to an updated voltage standard and provide automatic transfer
27 capabilities for on-site generators during power outages.
28
29 Overall, OWASA has invested nearly $3 million this quarter in design and construction work
30 improving the water distribution system resiliency. OWASA Quarterly Report January 16, 2020
31
32 Executive Director Transition Update:
33 OWASA's Board of Directors is working with Slavin Management Consultants to recruit
34 OWASA's next Executive Director. That finial hiring decision is expected by late April or early
35 May 2020.
36
37 New Revenue Bonds:
38 OWASA issued revenue bonds totaling $18.6 million. The bond terms include a 2.7% interest
39 rate over 25 years. OWASA continues to be rated highly by all three credit rating agencies:
40 S&P (AAA), Fitch (AA+), and Moody's (Aa1). The governance of our organization, as well as
41 the stability of the community's economy (anchored by UNC) plays a large part in our high
42 rating.
43 OWASA has refinanced for better interest rates over the years— resulting in cost savings for
44 customers — but this is the first instance of raising funds through revenue bonds since 2006.
45 Proceeds will be used to fund Capital Improvement Projects.
46
47 PFAS Monitoring Update:
48 OWASA's treated drinking water remains safe and meets all current Federal and State
49 regulations and health advisories and treated wastewater remains safe for the environment.
10
1 OWASA supports and participates in science-based research to inform these regulations and
2 protect water quality and human health.
3
4 In January 2018, OWASA initiated a proactive monitoring program for PFAS — per- and
5 polyfluoroalkyl substances—for our raw reservoir water and treated drinking water; sampling
6 continued on a quarterly basis throughout 2019 of our Cane Creek Reservoir raw water and
7 treated drinking water. PFAS are man-made chemicals used in a variety of everyday products
8 to increase resistance to water, grease, or stains. PFAS are also present in aqueous firefighting
9 foams. There are thousands of PFAS compounds in existence, including GenX.
10
11 The EPA established a lifetime Health Advisory Level of 70 parts per trillion (ppt) for the
12 combined amount of two categories of PFAS in drinking water. A ppt is comparable to a grain of
13 sand in an Olympic swimming pool. OWASA's treated drinking water remains well below the
14 health advisory level.
15 In addition, we have begun to voluntarily test our wastewater for PFAS. As products containing
16 PFAS are washed or degrade, PFAS can enter wastewater systems and travel into lakes and
17 rivers. Wastewater systems are not sources of PFAS but are passive receivers.
18
19 The results of OWASA's wastewater testing consistently showed combined concentrations of
20 the two monitored categories of PFAS were also below the 70 ppt threshold.
21
22 While PFAS research is emerging and complex, OWASA is committed to sharing available
23 information about PFAS with customers in a manner that is accessible and understandable.
24 OWASA includes PFAS monitoring updates to local stakeholders, documents on our website,
25 OWASA Quarterly Report January 16, 2020 and through communications directly with
26 customers — including the annual Water Quality Report Card and recent educational initiatives
27 at the Chapel Hill Public Library.
28
29 Care to Share Day:
30 OWASA and the Interfaith Council for Social Services celebrated the inaugural Care to Share
31 Day on November 21, 2019. Leading up to the event day, OWASA hosted a series of in-person
32 and social media-focused events. WCHL donated 23 public service announcements; OWASA
33 and IFC staff came together to celebrate and raise funds; there was significant social media
34 activity generating interest and awareness for the program.
35
36 The program plays an important role in our community, and we hope this awareness effort
37 leads to an increase in donors to the program.
38
39 Thank you to the governing boards for proclaiming Care to Share Day at meetings leading up to
40 the celebration. We value your historic and ongoing partnership and support of Care to Share.
41
42 Youth Water Academy:
43 Another group of water-conscious local teens is ready to take their newly acquired water
44 knowledge to the Chapel Hill-Carrboro community after completing OWASA's Youth Water
45 Academy.
46
47 This fall's program culminated in early December for the 18 participants from local high schools
48 after five weeks of learning the ins and outs of the process of bringing high-quality water from
49 the source to taps across the community.
50
11
1 The academy included tours of OWASA's Water and Wastewater Treatment Plants, learning
2 more about water governance in our community, and what it takes from an infrastructure
3 standpoint to keep things flowing smoothly. The students were then able to put that knowledge
4 to work by constructing their own water treatment system during a hands-on build in OWASA's
5 operations center.
6
7 The program is open to students in grades 9-12 in Chapel Hill and Carrboro. Keep an eye out
8 for the next round of applications for the next Youth Water Academy in 2020.
9
10 Infrastructure Investments:
11 OWASA maintains 750 miles of water and wastewater pipes, a water treatment plant, a
12 wastewater treatment plant, pump stations, and other infrastructure. Meeting the community's
13 needs and increasing system resiliency requires ongoing rehabilitation of the water,
14 wastewater, and reclaimed water systems. Capital investments, including debt payments for
15 capital projects, account for about half of our costs. In the last fiscal year, we invested about
16 $17.3 million to renew, replace and improve infrastructure. Our five-year Capital Improvements
17 Program can be viewed here. Notable infrastructure work in the past quarter included: OWASA
18 Quarterly Report January 16, 2020
19
20 1. Rogerson Drive Pump Station and Force Main: Large projects were completed to
21 improve electrical, HVAC, and controls at OWASA's largest wastewater pump station
22 near Cleland Drive. A major replacement of a portion of the Rogerson Drive force main at
23 Raleigh Road has also been completed.
24
25 2. Water Main Replacement: Water line replacement on Manning Drive has been
26 completed. Work is continuing on replacement of water mains at the service road to
27 Fordham Boulevard east of Scarlett Drive and at Dobbins Drive between Erwin Road and
28 East Franklin Street. Projects to replace water mains along Barclay Road, Weiner Street
29 and Country Club Road were also recently started.
30
31 3. Investment in Our Treatment Facilities: Construction is underway on projects to
32 improve the pumping system at University Lake and rehabilitate concrete at the Water
33 Treatment Plant sedimentation basins.
34
35 We would be happy to provide you more detailed information on the items above or other topics
36 of interest as desired. Please feel free to contact Executive Director Ed Kerwin
37 (ekerwin@owasa.org or 919-537-4211), or me.
38
39 Sincerely,
40 Raymond DuBose, Chair
41 OWASA Board of Directors
42
43
44 c. Update on the Orange County Food Council
45 The Board received an update from the Food Council about activities in the 2019 — 2020
46 fiscal year and the proposed scope of work for the 2020 - 2021 fiscal year.
47
48 BACKGROUND: The Food Council Coordinator was hired in July 2019. This new
49 Coordinator position was approved through an interlocal agreement process and is jointly
50 funded by Orange County, Chapel Hill, Hillsborough and Carrboro. The Coordinator is charged
12
1 with coordinating the Food Council and helping it achieve its goals. This presentation will
2 provide an update of the Coordinator's work and progress since July 2019 plus an overview of
3 the Food Council's plans for the 2020 - 2021 fiscal year.
4
5 Ashley Heger, Food Council Coordinator, made the following PowerPoint presentation:
6
7 Orange County Food Council
8 2019 Review and 2020 Scope of Work
9
10 2019 - 2020 Fiscal Year
11 • Hired full-time coordinator
12 • Facilitated partnership with Orange Co Schools and Orange Co Solid Waste to begin a
13 school composting pilot program in 2 Hillsborough elementary schools
14 • Organizing a `state of food security' report for the County in January
15 • Facilitated Social Justice and Racial Equity workshops
16 • Grown workgroup participation in Local Food Economy, Racial Equity, Food Access and
17 Food Waste Recovery
18
19 2020 - 2021 Goals & Scope of Work
20 • Develop a Food Policy Agenda (2 year process)
21 • Create a Racial Equity Community Data Index in collaboration with the Health Equity
22 Council
23 • Sustain workgroups and partnership development
24
25 What is a Food Policy Agenda? (flow chart)
26
27 Purpose & Structure
28 • Identify gaps and opportunities for improving the local food system
29 • Develop an agreement between partners where lived experience and racial equity is
30 centered and everyone understands their role in this work
31 • Provide policy recommendations and create process to keep policies accountable to the
32 outcomes/impact
33
34 How this relates to our full scope of work in 2020 - 2021
35 - Data Index as a tool for identifying issues and tracking outcomes
36 - Workgroups and partners helping drive this work and inform the process
37 - Working with a racial equity coach
38
39 Commissioner Price asked if the data index could be explained.
40 Ashley Heger said many already exist, and they are looking at examples now. She said
41 it will likely be a public facing website, and one can look at disaggregated data from different
42 aspects of the community like affordable housing, etc. She said the Health Equity Council
43 would be part of a group that would be analyzing the data.
44
45 5. Public Hearings
46 NONE
47
48 6. Regular Agenda
49
13
1 a. 2020 Greene Tract Resolution and Environmental Assessment Interlocal
2 Agreement
3 The Board considered voting to approve the 2020 Greene Tract Resolution and
4 Interlocal Agreement between Orange County, the Town of Chapel Hill, and the Town of
5 Carrboro to jointly fund the costs of an environmental assessment related to the Greene Tract
6 and authorizing the Chair to sign.
7
8 BACKGROUND: The Greene Tract is a 164 acre parcel of which 104 acres is jointly owned by
9 Orange County/Chapel Hill/Carrboro and 60 acres owned by Orange County (Headwaters
10 Preserve). In 2001/2002, local governments approved a resolution conceptualizing uses of the
11 104-acre joint owned area. In 2017, local governments agreed to have the Managers, Mayors,
12 and Chair (MMC) consider preservation and development options for the Greene Tract. Starting
13 in May 2017, a joint staff work group began to examine the preservation and development
14 potential of the existing Greene Tract.
15
16 The MMCs requested that each alternative include specific elements and goals including, but
17 not limited to, incorporate a future elementary school and park site, preserve valuable
18 environmental features and corridors, protect historical and cultural resources, encourage cost
19 effective infrastructure, and identify areas for future development. In addition, the MMC
20 recommended staff examine the reconfiguration of the joint owned and county owned tracts.
21 The purpose of this request was to determine the feasibility in adopting a revised resolution
22 supporting the reconfiguration of these tracts. The 60 acres which are county owned would be
23 established as prime preservation areas. These goals and objectives, vetted through a
24 multijurisdictional staff work group, assisted in the development of the 2019 Greene Tract
25 Resolution and Conceptual Plan.
26
27 January 29, 2019 Assembly of Governments Meeting
28 The 2019 Greene Tract Resolution and Conceptual plan were presented at the January 29,
29 2019 Assembly of Governments meeting. Elected officials stated support for the resolution and
30 conceptual plan.
31
32 February 12, 2019 Carrboro Board of Aldermen Meeting
33 The 2019 Greene Tract Resolution and Conceptual Plan were adopted by the Carrboro Board
34 of Aldermen.
35
36 February 19, 2019 Orange County Commissioners Meeting
37 The 2019 Greene Tract Resolution and Conceptual Plan were adopted by the Orange County
38 Board of Commissioners.
39
40 February 20, 2019 Chapel Hill Town Council Meeting
41 The 2019 Greene Tract Resolution and Conceptual Plan were presented to the Chapel Hill
42 Town Council. The Council approved the exchange of acreage from jointly-owned to county-
43 owned and county-owned to jointly-owned commencing the recombination process and the
44 exploration of ways to protect the County-owned Headwaters Preserve and Jointly-owned
45 preserve areas. However, the conceptual plan with linked land use designations was not
46 approved at this time.
47
48 July 15, 2019 Chapel Hill Town Council Meeting
49 The 2019 Greene Tract Resolution and Conceptual Plan were presented to the Chapel Hill
50 Town Council for adoption consideration. The Council approved a substitute Resolution (Option
14
1 C) which was not the same resolution and conceptual plan adopted by Orange County and the
2 Town of Carrboro. This resolution and conceptual plan acknowledged action taken at their
3 February 20 meeting and approved land use acreage designations, but did not specify land use
4 designations on the adopted conceptual plan. In addition, the Town Council adopted a second
5 resolution outlining next steps for the Greene Tract, which included the completion of an
6 environmental assessment. This element was not contained in the resolutions adopted by
7 Orange County and of the Town of Carrboro since a multi-jurisdictional environmental scan was
8 conducted.
9
10 2020 Greene Tract Resolution
11 Following the July Chapel Hill Town Council meeting, local governments have been working to
12 bridge the two resolutions adopted by the Towns and County. In addition, the local
13 governments have considered the importance of the environmental assessment and how to
14 proceed. As a result of these discussions, a 2020 Greene Tract resolution was proposed. This
15 resolution would provide a process for the three jurisdictions to move forward in their pursuit of
16 development on the Greene Tract and would provide guidance and next steps while a
17 memorandum of understanding document is drafted. The resolution would:
18
19 1. Initiate an environmental assessment of the 164-acre Greene Tract to determine the
20 most environmental sensitive area to be designated as the Headwaters Preserve.
21 2. Initiate drafting of a Memorandum of Understanding between the three jurisdictions. This
22 document would detail decision-making process for the jurisdictions to agree to.
23 3. Delay public engagement efforts until agreement of a Memorandum of Understanding.
24
25 With adoption by all three governing boards, the attached resolution would supersede the 2002
26 Resolution, approved December 10, 2002, and the 2019 Resolution adopted on February 19,
27 2019 which outlined the County and Towns' intentions for developing the Greene Tract.
28
29 Greene Tract Environmental Assessment Interlocal Agreement
30 The proposed 2020 Greene Tract resolution outlines next steps, which includes the initiation of
31 an environmental assessment of the 164 acre Greene Tract to determine the most
32 environmental sensitive area to be designated as the Headwaters Preserve along with required
33 environmental areas within the 104 acres.
34
35 The purpose of this environmental assessment is to obtain site-specific information on
36 environmental conditions present on the Greene Tract in order to identify areas of the property
37 to be preserved and/or protected. The assessment will also balance the environmental
38 conditions in conjunction with future infrastructure (i.e. roads, water, sewer, stormwater, etc.)
39 necessary for adjacent future development. A future developer would use this information as a
40 base and not have to duplicate such work. After future preserved areas are identified, then
41 other
42 areas that could be considered for desired uses as determined in future site evaluations,
43 suitability analyses, community input sessions, site plans, and development proposals.
44
45 Orange County, in partnership with the Towns of Chapel Hill and Carrboro, will be providing
46 joint funding to cover the costs of the environmental assessment as outlined in the Interlocal
47 Agreement (Attachment 3). The estimated cost for the environmental assessment is $40,000.
48 Based on the proposed cost share agreement of 43/43/14 percent (Orange County/Chapel
49 Hill/Carrboro respectively), Orange County's cost share will be approximately $17,200. The
15
1 proposed Interlocal Agreement has also been reviewed by the respective Attorneys of the three
2 local governments.
3
4 The 2020 Greene Tract Resolution and Interlocal Agreement are planned for adoption
5 consideration at the January 21 Carrboro Board of Aldermen meeting and the January 22
6 Chapel Hill Town Council Meeting. Any amendments to the resolution and/or interlocal
7 agreement by the Town of Chapel Hill and the Town of Carrboro would prompt a return to the
8 BOCC for consideration.
9
10 FINANCIAL IMPACT: There is no direct financial impact associated with the 2020 Greene Tract
11 Resolution. Following adoption of the proposed Interlocal Agreement, Orange County will be
12 responsible for paying the provider as detailed in the proposed Interlocal Agreement from the
13 current (FY19/20) Budget/Capital Investment Plan (CIP). The Towns will be notified of the
14 County's payment and authorize reimbursement to the County based on the proposed cost
15 share agreement (Chapel Hill 43% and Carrboro 14% of the total cost). If the cost of the
16 environmental assessment exceeds the allocated budget, Orange County staff will present a
17 budget or CIP amendment to the BOCC for consideration.
18
19 Travis Myren made the following PowerPoint presentation:
20
21 2020 Greene Tract Resolution and Environmental Assessment
22 January 21, 2020
23 Board of Orange County Commissioners
24
25 Purpose
26 To Consider Approval of the 2020 Greene Tract Resolution and Cost Share Agreement
27 for Environmental Assessment
28 o Reconcile the 2019 Greene Tract Resolutions
29 o Codify Land Use Needs and Goals
30 o Pursue a Comprehensive Environmental Assessment— Cost Share ILA
31 o Share Environmental Assessment with Potential Developers to Avoid Duplication
32 o Pursue a Memorandum of Understanding for Future Decision Making
33 o Postpone Formal Public Engagement Until MOU is Finalized
34 o Hold Group Discussion at the Assembly of Governments Meeting on January 28,
35 2020
36 Greene Tract
37 Approximately 164 total acres
38 ■ 104 acres jointly owned by Orange County, Town of Chapel Hill, and Town of
39 Carrboro
40 ■ 60 acres owned by Orange County— Headwaters Preserve
41 ■ Originally Solid Waste Property
42 ■ General Fund Purchased in FY2016-17
43 ■ Designated for low impact recreation and preservation
44 ■ Neville Tract
45 ■ Solid Waste Owned
46 ■ Provides soil cover for C&D Landfill
47 2002 Resolution
48 Adopted by Orange County, Chapel Hill, Carrboro
49 ■ 18 Acres Affordable Housing
50 0 86 Acres Open Space
16
1 60 Acres Preserved by Orange County
2
3 2017-19 Managers, Manors, Chair and Multilurisdictional Staff Work Group Meetings
4 • Update the 2002 Resolution
5 • Goals for the Update
6 o Elementary School Site
7 o Preserve Most Valuable Environmental Features
8 o Protect Historical and Cultural Resources
9 o Encourage Cost Effective Infrastructure
10 o Identify Areas for Future Development
11 o Examine Reconfiguration of Properties to Maximize Environmental Protection
12
13 2019 Greene Tract Resolution and Conceptual Plan
14 • Governing Boards Adopt Substantially Similar But Not Identical Resolutions
15 • Same Land Uses
16 o Approximately 22 acres for joint preserve
17 o Approximately 11 acres for a public school site
18 o Approximately 4 acres for a public recreation facility site
19 o Approximately 67 acres for housing/mixed use
20 Town of Chapel Hill Removes Map Designations and Adopts Resolution on Public Input
21 Process and Next Steps
22
23 Map with Land Use Desiqnations/Map Without Land Use Designations (maps)
24
25 Commissioner Dorosin asked if all partners have agreed to the reconfigured headwaters
26 preserve.
27 Travis Myren said in concept, yes, and one of the things that the environmental
28 assessment would accomplish would be to really establish where the property lines are, and
29 how this would be reconfigured. He said all partners have agreed that some form of
30 reconfiguration of the headwaters preserve is appropriate.
31 Commissioner Dorosin clarified that the map itself has not yet been re-configured.
32 Travis Myren said no, none of the property lines have changed.
33 Commissioner Dorosin asked if the concept of this is for the headwaters preserve to still
34 be solely owned by Orange County.
35 Travis Myren said the County would retain sole ownership of the 60 acres.
36
37 2020 Greene Tract Resolution and Environmental Assessment Interlocal Agreement
38 • 2020 Resolution Supersedes Prior Action
39 o Maintains Agreement on Number of Acres Designated for Different Land Uses
40 • Includes Five (5) Major Provisions:
41 1. Jointly pursue an environmental assessment of the entire 164 acres to consider
42 designating the most environmentally sensitive area as the Headwaters Preserve. The
43 cost of this analysis will be shared among the parties, 43% Orange County, 43% Town
44 of Chapel Hill, 14% Carrboro.
45 Total Cost Estimated - $40,000
46 Orange County Share - $17,200
47 2. Jointly pursue a Memorandum of Understanding for future decision-making
48 processes. This document will be used to ensure the parties participate in good faith in
49 the planning process for potential development of the Greene Tract. The document will
50 describe community outreach efforts.
17
1 3. Jointly agree to not initiate formal public engagement until completion of the
2 Memorandum of Understanding document.
3 4. Jointly agree any potential developers of the Greene Tract may rely upon and utilize the
4 environmental assessment contemplated herein and shall not be required to conduct
5 or obtain a separate environmental assessment.
6 5. Jointly agree to a discussion of the Greene Tract at the 2020 Assembly of
7 Governments meeting on January 28, 2020.
8
9 2020 Greene Tract Resolution Potential Amendments
10
11 Amend Whereas Clause #7:
12 WHEREAS, over the last 16 years, various joint planning studies including the Historic Rogers
13 Road Task Force Report and Mapping Our CommunitV's Future, and collaborations with the
14 community and school district have suggested land use and acreage needs; and
15
16 Amend Provisions #3 and#4
17 3. Ininfhi agree to not initiate formal public engagement Until Gen"tion of the
18 .
19 3. Jointly agrees to have a ioint public information session that includes Orange County,
20 Chapel Hill, and Carrboro a minimum of 2 months after the Environmental Assessment
21 has been completed by the consultant and received by the iurisdictions.
22
23
24 4. Jointly agrees to not initiate formal further public engagement until completion of the
25 Memorandum of Understanding document.
26
27 Schedule for Consideration
28 • January 21 — Board of Orange County Commissioners
29 • January 21 — Carrboro Town Council
30 • January 22— Chapel Hill Town Council
31
32 Decision Points
33 Approve and Authorize the Chair to Sign the 2020 Greene Tract Resolution (Attachment
34 2) as amended,
35 Approve the Environmental Assessment Interlocal Agreement (Attachment 3) and
36 Authorize the Manager and Finance Director to Sign
37
38 Commissioner Price asked if there could be clarification given regarding the timeline.
39 Travis Myren said two months after the document is complete, and submitted to staff for
40 review, there will be a public information session.
41 Chair Rich said the minimum was proposed by Chapel Hill, who wanted staff to have
42 time to review the assessment and compare it to the work that has already been done. She
43 said the environmental assessment would happen after staff puts out an RFP, most likely in the
44 spring, and once the assessment is received, staff will have time to fully digest the content prior
45 to holding a public information session.
46 Commissioner Dorosin said the language is awkward. He clarified that there is no
47 actual time limit between the report being completed and the staff holding a public information
48 session.
49 Chair Rich said staff hopes it can do a review within two months, at a minimum.
18
1 Commissioner Dorosin said none of this has a timeline, and some target dates are
2 needed on all this: a target date for the RFP, a target date for a completed report, a target date
3 for staff to be done with its review, etc.
4 Chair Rich said the intent of this agreement is not to get the target dates, but rather it is
5 an agreement to gather the information first and to work together, etc. She said if all three
6 partners do not approve to move forward, then any target dates are null and void.
7 Commissioner Dorosin said he just wants a sense of a timeline.
8 Chair Rich said discussing the timeline is one of the goals of the Assembly of
9 Governments (AOG) meeting next week.
10 John Roberts said the draft document is finished, and was submitted to the other three
11 attorneys three weeks ago. He said it sets an 18-month window, where all of the uses have to
12 be firmly established and if they are not, there is a 6-month window to resolve disputes, or there
13 will be a vote of the parties by ownership interest, allowing two parties to overrule a third. He
14 said two years is a reasonable time to resolve all issues, and there is always the last resort of
15 partition of the land, and returning it to Orange County jurisdiction.
16 Chair Rich said if the BOCC changes anything tonight, the process must start over. She
17 said Carrboro is voting on this tonight and Chapel Hill tomorrow night.
18 Commissioner McKee said this is moving slowly, but the Chair is correct; if the Board
19 changes anything the process must start over. He said the Board should approve this
20 resolution tonight, hoping the other entities approve it as well, and then all can move to the
21 MOU.
22 John Roberts said if substantive changes are made, then other parties would have to
23 review again.
24 Chair Rich said this item is on the AOG agenda.
25 Commissioner Price said there should be more specificity on a timeline of the public
26 information sessions.
27 Travis Myren said he would put together a target schedule to bring to the AOG meeting,
28 if that would resolve concerns.
29 Commissioner Price asked if this proposed timeline would include a time limit on when a
30 public information session would be held, after the assessment is completed.
31 Travis Myren said he is not sure how much of this was a point of a negotiation, but said
32 he can focus on getting the staff's work completed in a certain time frame.
33 Chair Rich said the intent of this statement is to give the ability to staff to look at the
34 assessment, compare it with original assessment, and create a group of staff to hold a public
35 information session. She said staff needs time to do its work. She said the intention is not to
36 withhold the information from the public, and the Mayor of Chapel Hill wanted to ensure that
37 staff has time to complete its work thoroughly.
38 Commissioner Price said she wants to ensure that the public has an idea as to when it
39 can see this report. She said she understands that staff needs time to complete its work, but
40 the public has requested that this assessment be done, and the public should have an idea of
41 when it will be available.
42 Commissioner Dorosin said once the assessment is released to the County, it is a public
43 record.
44 Commissioner Price said she would be satisfied if the resolution included that the
45 assessment would be made available online, once it was received.
46 Commissioner Greene said it is a good step to agree to move forward with the
47 assessment, while also working on the MOU.
48 Commissioner Greene agreed with Commissioner McKee that there is a concern if the
49 Board does not pass this tonight.
19
1 Commissioner Greene proposed alternate language for number 3, but said she is not
2 proposing to change the language, as it would cause delay.
3 Commissioner McKee asked if this alternate wording were adopted, would it require the
4 approval of the other parties. He said his concern is that this wordsmithing will cause delay.
5 He suggested that the Board approve this resolution tonight, and all other details can be
6 discussed at the AOG meeting.
7
8 PUBLIC COMMENT:
9 Delores Bailey said she has been working on the Greene Tract since 2003. She said
10 she is concerned that the language is not clear as to when this is coming to the public for
11 review. She said once the public receives this information it can start thinking through how this
12 will affect the Rogers Road Community. She said if the MOU takes 2 years, the Greene Tract
13 will have been worked on for 33 years total, and that is too long.
14 John Roberts said the MOU can be entered into immediately, but there is a 2-year
15 window in the case of disputes.
16 Delores Bailey said all involved are desperate to move this issue forward, and there
17 needs to be some clarification as to when the public will be able to look at the document.
18 Chair Rich said the reason the Mayors/Managers/Chair (MMC) wanted to keep this open
19 was so that there can be a full discussion at the AOG. She said the hope is that everyone will
20 be at this meeting to have productive conversation.
21 John Roberts said the public will have access to this document as soon as the Planning
22 Department puts it on the website, and there will be a minimum of two months for the staff to
23 prepare for the information sessions.
24 Commissioner Bedford referred to newly worded point#4, which says: "Jointly agrees
25 to not initiate formal '' -r public engagement until completion of the Memorandum of
26 Understanding document". She said it is possible that the MOU will not be completed, and this
27 will end up in court. She said she does not see the purpose of refusing to have formal public
28 engagement before the MOU is completed.
29 John Roberts said the purpose of#4 is only for the environmental assessment, and the
30 MOU will focus on uses, where they go, how much acreage, etc. He said until all of that is
31 decided, the only thing to discuss with the public is the environmental assessment.
32 Commissioner Bedford said she thought the MOU was about what to do if parties do not
33 agree. She said if the MOU is to include land uses, etc. then the public absolutely should be
34 involved. She said this process is confusing.
35 John Roberts said the MOU will decide how this property is used.
36 Commissioner Dorosin said the MOU will determine how the discussions will move
37 forward.
38 Chair Rich said the MOU is a governance document, and the issues being raised by
39 Commissioner Bedford will be discussed is a series of public meetings/hearings. She said the
40 MOU will determine how to move forward.
41 Commissioner Bedford asked if there is a process to move forward if the parties do not
42 agree on the MOU.
43 John Roberts said he has put a two-year time frame, but this may not stand. He said if
44 the parties cannot agree on the MOU after two years, as is currently written, then the option
45 could be partitioning the property and taking Orange County's property out of the ETJ to do as it
46 wants to with the land. He said the partition is a judicial process, if the boards cannot agree.
47 Commissioner Marcoplos said he will very reluctantly support this resolution because
48 there is one shot to do something impactful and historic with this land. He said this opportunity
49 has existed for years. He said the County owns the land and can build more for less money
50 there. He said the Rogers-Eubanks neighborhood has had the road stubbed out for years and
20
1 years, but nothing has happened. He said the County has had an affordable housing crisis for
2 years, and nothing has happened. He said it was very disappointing, and caused him a bit of a
3 loss of faith, when the Town of Chapel Hill left the collaborative process. He said the historical
4 timeline shows Carrboro and the County trying to move this forward, but Chapel Hill did not, and
5 the points of disagreement should have been worked out at the MMC, as they were not
6 complicated issues. He said he was part of a group that met in the spring, which prodded
7 Chapel Hill to meet in July in order to move this project forward. He said the July meeting was
8 actually a confusing set back.
9 Commissioner Marcoplos said there were then discussions in Chapel Hill about tall
10 buildings, etc. on the Greene Tract. He said the map of uses out there matches what is on the
11 ground, and he has been out to this area many times. He said from his observation, the
12 County's assessment did what it was supposed to do.
13 Commissioner Marcoplos said he then learned of the option of gaining the partition,
14 which seemed the quickest way to move this project forward, which is his main goal. He said
15 many issues were misunderstood, and the Rural Buffer is a 5-minute walk from this area and
16 there are a lot of opportunities to enjoy the natural areas. He said he will support it this
17 resolution, and he does not know why this process went off the rails.
18 Commissioner McKee said the key word for him is the completion of the MOU, and not
19 the adoption. He said he does not want the boards to start talking about the nuclear option
20 (partitioning of the property). He said the AOG meeting will give everyone an opportunity to
21 work out the kinks and hear the same thing.
22 Commissioner Dorosin said he appreciated Commissioner Bedford's comments. He
23 said the hope that they will reach a consensus next week is great, but probably unrealistic, as
24 even late today the Board received a change by one of the parties. He said he favors moving
25 the assessment forward and setting some hard targets and timelines for that at the AOG
26 meeting. He said some in the collective want to move this forward, and others are not as
27 enthusiastic.
28 Commissioner Dorosin said the Commissioners need to be cognizant that everybody
29 that lives on Rogers Road, and to the east, are Orange County's constituents. He said Chapel
30 Hill is not politically accountable to anyone that lives in the extraterritorial jurisdiction (ETJ). He
31 said all three of the boards need to be collectively involved in the public engagement process,
32 and things seems to have gone awry because different people had conversations with different
33 people in the community, and everyone was not on the same page. Commissioner Dorosin
34 said, at the very least, all parties need to agree next week as to what will be communicated to
35 the public, otherwise it is just a massive game of telephone.
36 Chair Rich said at the end of the last MMC meeting, everyone involved had an
37 assignment to complete.
38 Commissioner Dorosin said all are agreeing to the environmental assessment, which
39 seems quite straightforward. He asked if there is a plan as to what will happens after the
40 parties sign the other MOU; is there is a checklist that there will be 10 public meetings, etc.
41 Chair Rich said these details will be discussed at the next MMC meeting. She said the
42 environmental assessment needs to be done first, and after the AOG, the MMC will reconvene
43 and put in timelines, etc.
44 Commissioner Dorosin said this was all laid out 2-3 years ago when he was Chair, and
45 the process should not be starting at zero.
46 Chair Rich said one of the partners did not want that plan anymore, and the 2002
47 agreement states that all three partners must agree.
48 Chair Rich said Chapel Hill added point #3, and Carrboro added point#4. She said a
49 meeting occurred, of which the County and Carrboro were not aware, and staff was blindsided
21
1 by public input. She said point#4 came out in order to prevent this type of meeting from
2 occurring again, without appropriate representation of all parties.
3 Commissioner Price clarified that the County did an assessment, which was not good
4 enough for the partners, and has lead to a new environmental assessment being needed. She
5 referred to point#5, which states developers may rely upon this. She said she is hoping that
6 this new assessment will be good enough for all three parties.
7 Travis Myren said he is not sure of the issues surrounding the first assessment, and why
8 it was insufficient. He said the new assessment will involve dispassionate, third party analysis,
9 which should be viewed as more neutral.
10 Travis Myren said the intention would be for the assessment to be turned over to future
11 developers. He said the County will not pay for anything further.
12 Commissioner Greene said it is her understanding that this would be the final
13 environmental assessment, and she thought this would be included this resolution.
14 Travis Myren said it is included in point#5.
15 Commissioner Greene said this is acceptable language.
16 Commissioner Marcoplos said there is now is a mediator with the MMC and minutes are
17 being taken, which are being received by all elected officials. He would like to see these
18 minutes available to the public as well.
19 Chair Rich said these minutes are public record.
20 Bonnie Hammersley said staff can put these minutes on the Greene Tract page of the
21 website.
22 Commissioner Marcoplos said he would like to put out PSAs to make the public aware
23 that these minutes are available.
24 Commissioner Bedford asked if John Roberts could confirm the meaning of point#4.
25 John Roberts asked if Commissioner Bedford is referring to completion versus adoption.
26 Commissioner Bedford said she is concerned that a MOU may never be completed or
27 adopted, and the Board may be tying its hands to never have further public engagement.
28 John Roberts said he does not interpret it to be indefinitely, and there is no legal
29 definition for completion, but rather it is a dictionary definition. He said completion means when
30 the MOU is done and being circulated for adoption.
31 Commissioner Bedford asked Travis Myren if there is a difference between an
32 environmental assessment versus a federal environmental impact statement.
33 Travis Myren said a federal environmental impact statement is used in larger projects, is
34 very prescriptive, etc.; and an environmental assessment is typically used on smaller things,
35 and comes before any environmental impact statement would be required. He said the size
36 and scope is different between the two.
37 Commissioner Bedford said it would be a courtesy for staff to reach out to the Chapel
38 Hill-Carrboro City Schools (CHCCS) to see if they have any input.
39 Travis Myren said staff has already had a conversation with school district staff and
40 some preliminary information can be gathered that may be helpful in a school discussion.
41
42 PUBLIC COMMENT:
43 Reverend Robert Campbell is the Executive Chairperson of Rogers-Eubanks
44 Neighborhood Association (RENA) and a member of the Friends of the Greene Tract. He said
45 some of the technical language is confusing to the public, as much of it sounds the same, but
46 actually has different meanings and scope. He said the public has no understanding of the
47 verbiage, and it is important to have a glossary of terms for any information that goes out
48 publically, as it will help cut down on the misinformation and confusion. He said any collective
49 meetings should involve the community and all relevant staff groups, to ensure that all voices
50 are at the table.
22
1
2 Revised Resolution below:
3 A RESOLUTION FOR A PATH FORWARD PROCESS FOR FURTHER ASSESSMENT OF
4 THE GREENE TRACT
5
6 WHEREAS, in 1984, Orange County and the Towns of Carrboro and Chapel Hill jointly
7 purchased the property known as the Greene Tract (164 acres more or less); and
8
9 WHEREAS, in 2000, title to 60 acres of this property was deeded exclusively to the Orange
10 County Solid Waste Enterprise Fund for non-landfill solid waste purposes under provisions of
11 the 1999 Interlocal Agreement for Solid Waste Management; and
12
13 WHEREAS, at that time, the remaining 104 acres was retained in joint ownership by the three
14 governments (with the intent that the future uses of the property would be determined at a
15 future time); and
16
17 WHEREAS, the 60-acre parcel (designated as the Headwaters Preserve by the Orange County
18 Board of Commissioners on October 18, 2016) was purchased by Orange County via
19 reimbursement to the Solid Waste Enterprise Fund in 2016; and
20
21 WHEREAS, in 2002 Orange County and the Towns of Carrboro and Chapel Hill adopted the
22 2002 Resolution which called for approximately 86 acres for open space and 18 acres for
23 affordable housing on the jointly-owned land; and
24
25 WHEREAS, the Greene Tract is part of the Historic Rogers Road Neighborhood where the
26 Towns of Chapel Hill and Carrboro have researched market development potential and zoning
27 to implement a planning program in the overall area; and
28
29 WHEREAS, over the last 16 years, various joint planning studies including the Historic Rogers
30 Road Task Force Report and Mapping Our Community's Future, and collaborations with the
31 community and school district have suggested land use and acreage needs; and
32
33 WHEREAS, Mayors for Carrboro and Chapel Hill and the Orange County Commissioners Chair
34 have agreed to jointly pursue an update to the 2002 Resolution and have been meeting with
35 respective management and supporting staff, as suggested by the elected officials at an
36 Assembly of Governments meeting in 2017, to determine next steps for preservation and
37 development of the Greene Tract; and
38
39 WHEREAS, on February 12, 2019 the Carrboro Board of Aldermen and on February 19, 2019
40 the Orange County Commissioners voted to approve a resolution to support adjusting the
41 property lines of the 104-acre jointly-owned tract and the 60-acre Headwaters Preserve,
42 creating a jointly-owned preserve, indicating land uses, and conceptually agreeing to consider
43 development of the Greene Tract; and
44
45 WHEREAS, on February 20, 2019 the Chapel Hill Town Council voted to approve the
46 exploration of ways to protect the County-owned Headwaters Preserve and a proposed jointly-
47 owned preserve area; and
48
49 WHEREAS, the Chapel Hill Carrboro City Schools in a letter dated May 22, 2019, have
50 indicated the district's continued interest in designation of a school site to be located on the
23
1 Greene Tract; and
2
3 WHEREAS, on July 15, 2019 the Chapel Hill Town Council adopted a resolution to support
4 adjusting the property lines on the tract and the Headwaters Preserve, creating a jointly-owned
5 preserve, and conceptually agreeing to consider development of the Greene Tract; and
6
7 WHEREAS, at that time the Chapel Hill Town Council did not agree to designating the land
8 uses indicated on the maps attached to the Carrboro and County's resolutions; and
9
10 WHEREAS, the three jurisdictions agreed conceptually to the following land use designations:
11 • Approximately 22 acres for joint preserve;
12 • A minimum of 16 acres for public school site and public recreational facility site;
13 • Approximately 66 acres for housing/mixed use; and
14
15 WHEREAS, the Chapel Hill Town Council also adopted a resolution on July 15, 2019
16 committing to holding a series of community meetings, soliciting input from the public and
17 respective advisory boards regarding land uses and densities, initiate environmental and
18 connectivity assessment; and initiate steps to protect the jointly-owned preserve and the
19 Headwaters Preserve in perpetuity; and
20
21 WHEREAS, an environmental assessment would be based on the highest protective
22 environmental regulations of the three jurisdictions (Carrboro, Chapel Hill, and Orange County)
23 and as also defined by the Army Corps of Engineers for wetlands determination; and
24
25 WHEREAS, in the interest of working together, Carrboro, Chapel Hill, and Orange County
26 elected boards have considered this resolution to determine a joint path forward; and
27 WHEREAS, each board will consider this resolution in January 2020 outlining next steps and
28 provide direction to their respective staff; and
29
30 WHEREAS, this resolution attempts to consolidate the differences and supersede the
31 resolutions adopted in February 2019 by the Carrboro Board of Aldermen and the Orange
32 County Commissioners and the resolution adopted in July 2019 by the Chapel Hill Town
33 Council; and
34
35 WHEREAS, analysis of the Greene Tract's past, present, and future identified the following land
36 use needs and goals:
37 • Promote mixed-income housing opportunities; development of housing that serves a
38 range of incomes
39 • Preserve valuable environmental features including tree canopy, open space, stream
40 buffers, and wildlife corridors;
41 • Protect historical and cultural resources;
42 • Promote cost effective infrastructure;
43 • Incorporate school and recreation sites;
44 • Earmark development areas for mixed income housing and mixed use potential; and
45
46 WHEREAS, the staff work group considered direction from the respective governing boards,
47 specialized staff, housing partners, and community in developing a conceptual process for
48 the Greene Tract.
49
24
1 NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners:
2 1. Jointly pursue an environmental assessment of the entire 164 acres to consider
3 designating the most environmentally sensitive area as the Headwaters Preserve with a
4 cost share Interlocal Agreement for that analysis of 43/43/14 percent (Orange
5 County/Chapel Hill/Carrboro respectively).
6 a. Environmental assessment of the site should include site topography, habitat for
7 species of special concern, wetlands, stream corridors, and cultural and historic
8 resources.
9 b. Best practical alternative shall be evaluated to balance environmental and
10 infrastructure needs (i.e. roadway, water, sewer, stormwater, etc.).
11 2. Jointly pursues a Memorandum of Understanding for future decision-making process.
12 This document will be used to ensure the parties participate in good faith in the planning
13 process for potential development of the Greene Tract. The document will describe
14 community outreach efforts.
15 3. Jointly agrees to have a joint public information session that includes Orange County,
16 Chapel Hill and Carrboro a minimum of 2 months after the Environmental Assessment
17 has been completed by the consultant and received by the jurisdictions.
18 4. Jointly agrees to not initiate formal further public engagement until completion of the
19 Memorandum of Understanding document.
20 5. Jointly agrees any potential developers of the Greene Tract may rely upon and utilize
21 the environmental assessment contemplated herein and shall not be required to conduct
22 or obtain a separate environmental assessment.
23 6. Agrees to discussion of the Greene Tract at the 2020 Assembly of Governments
24 meeting on January
25
26 A motion was made by Commissioner McKee, seconded by Commissioner Greene for
27 the Board to approve and authorize the Chair to sign the 2020 Greene Tract Resolution as
28 revised contained in Attachment 2.
29
30 VOTE: UNANIMOUS
31
32 A motion was made by Commissioner Bedford, seconded by Commissioner Price to
33 approve the Environmental Assessment Interlocal Agreement contained in Attachment 3 and
34 authorize the County Manager and Finance Director to sign.
35
36 VOTE: UNANIMOUS
37
38 Commissioner Dorosin said he wanted to add another petition. He said he has done a
39 lot of research on the impacts of young people aging out of foster care, and he would like to
40 expand the County's scholarship fund at Durham Tech to specifically set aside funds for those
41 who are aging out of the Orange County foster care system, and to partner with the Department
42 of Social Services to do so.
43 Commissioner Price said this topic was discussed when she was on the Durham Tech
44 board, and asked if Commissioner Dorosin is asking for funds to specifically be set aside for
45 those aging out of the foster care system.
46 Commissioner Dorosin said yes, and this would be in addition to what the County is
47 giving now.
48 Commissioner Bedford said she would like to provide full scholarships.
49 Commissioner Dorosin said yes, that is his intent.
50
25
1 7. Reports
2 NONE
3
4 8. Consent Agenda
5
6 • Removal of Any Items from Consent Agenda
7 - Item g by Commissioner Greene
8 - Item k by Commissioner Price
9
10 • Approval of Remaining Consent Agenda
11
12 A motion was made by Commissioner McKee, seconded by Commissioner Marcoplos to
13 approve the Consent Agenda.
14
15 VOTE: UNANIMOUS
16
17 Discussion and Approval of the Items Removed from the Consent Agenda
18
19 g. Declaration of Surplus Property— Structure at 686 Erwin Road
20
21 The Board considered voting to declare an abandoned dilapidated structure located
22 within Hollow Rock Nature Park as Orange County surplus, and to approve the removal of said
23 structure by way of a live burn training conducted by New Hope Volunteer Fire Department
24 (VFD) and authorize the Chair to sign.
25
26 Commissioner Greene asked if any of the structure is salvageable.
27 Dave Stancil, Department of Environment, Agriculture, Parks and Recreation (DEAPR)
28 Director said no.
29 Chair Rich asked if staff would notify the Board when the structure will be burned.
30
31 A motion was made by Commissioner Dorosin, seconded by Commissioner Greene to
32 declare an abandoned dilapidated structure located within Hollow Rock Nature Park as Orange
33 County surplus, and to approve the removal of said structure by way of a live burn training
34 conducted by New Hope Volunteer Fire Department (VFD) and authorize the Chair to sign.
35
36 VOTE: UNANIMOUS
37
38 k. Revised Interlocal Agreement with Towns of Chapel Hill and Carrboro Related to the
39 Historic Rogers Road Area Private Sewer Service Lateral Connection Installations for
40 Qualified Low-to-Moderate-Income (LMI) Homeowners — Cost Share
41
42 The Board considered voting to approve a revised Interlocal Agreement between
43 Orange County, the Town of Chapel Hill, and the Town of Carrboro to jointly fund the costs of
44 private sewer service lateral connection installations for qualified Low-to-Moderate-Income
45 (LMI) homeowners in the Historic Rogers Road sewer service area and authorize the County
46 Manager to sign. The revision primarily relates to modifying the method of hiring licensed
47 plumbers to install the onsite private sewer lateral connections.
48
49 Commissioner Price asked if the bidding process could be explained.
26
1 Craig Benedict, Planning Director, said the County will take this on a case-by-case
2 basis. He said when a property owner is interested, the County will analyze the property, do the
3 design work, etc., and then go out to bid per property.
4
5 A motion was made by Commissioner Price, seconded by Commissioner Greene to
6 approve a revised Interlocal Agreement between Orange County, the Town of Chapel Hill, and
7 the Town of Carrboro to jointly fund the costs of private sewer service lateral connection
8 installations for qualified Low-to-Moderate-Income (LMI) homeowners in the Historic Rogers
9 Road sewer service area and authorize the County Manager to sign. The revision primarily
10 relates to modifying the method of hiring licensed plumbers to install the onsite private sewer
11 lateral connections.
12
13 VOTE: UNANIMOUS
14
15 a. Minutes
16 The Board approved the minutes from December 2 and 10, 2019 as submitted by the Clerk to
17 the Board.
18 b. Motor Vehicle Property Tax Releases/Refunds
19 The Board adopted a resolution, which is incorporated by reference, to release motor vehicle
20 property tax values for eight taxpayers with a total of eight bills that will result in a reduction of
21 revenue in accordance with NCGS.
22 c. Property Tax Releases/Refunds
23 The Board adopted a resolution, which is incorporated by reference, to release property tax
24 values for fifteen taxpayers with a total of twenty-three bills that will result in a reduction of
25 revenue in accordance with North Carolina General Statute 105-381.
26 d. Applications for Property Tax Exemption/Exclusion
27 The Board adopted a resolution approving twelve untimely applications for exemption/exclusion
28 from ad valorem taxation for twelve bills for the 2019 tax year.
29 e. Ratification of Contract Signature Authority and Approval of Budget Amendment #4-A
30 for the Philip Nick Waters Emergency Services Building Remediation Project
31 The Board ratified the County Manager's signature on Change Amendment 4 to the executed
32 contract with Sasser Companies, Inc. in the amount of$119,623.14, and approved Budget
33 Amendment#4-A to increase the overall Philip Nick Waters Emergency Services Building
34 Remediation project budget by adding an additional $226,500, for a total project budget of
35 $3,435,959.
36 f. Ratification of Contract Signature Authority and Approval of Budget Amendment #4-13
37 for the Solid Waste Administration Building
38 The Board ratified the County Manager's signature on the executed contract with Sasser
39 Companies, Inc. in the amount of$281,324, and budget contingency of $28,132, and approved
40 Budget Amendment#4-B the Solid Waste Administration Building.
41 h. Approval to Extend the White Cross Fire Insurance District Boundary from the Cane
42 Creek Fire Insurance District
43 The Board approved the proposed White Cross Fire Insurance District map which has been
44 expanded to include properties from the Cane Creek Fire District that is not currently in its rated
45 insurance district.
46 L Phillip Nick Waters Emerqency Services Stormwater Control Measure Access and
47 Maintenance Easement and Agreement with Town of Hillsborough (510 Meadowlands
48 Drive, Hillsborough)
49 The Board approved a Stormwater Control Measure Access and Maintenance Easement and
50 Agreement with the Town of Hillsborough for the Orange County Phillip Nick Waters
27
1 Emergency Services Stormwater Control Measures; and authorized the Chair to sign the
2 necessary paperwork upon final County Attorney review.
3 j. Orange County Sportsplex Field House Stormwater Control Measure Access and
4 Maintenance Easement and Agreement with Town of Hillsborough (103 Meadowlands
5 Drive, Hillsborough)
6 The Board approved a Stormwater Control Measure Access and Maintenance Easement and
7 Agreement with the Town of Hillsborough for the Orange County Sportsplex Field House
8 Stormwater Control Measures; and authorized the Chair to sign the necessary paperwork upon
9 final County Attorney review.
10 I. Lease of 308 W. Franklin Street and Suite 101 at the Europa Center, and Approval of
11 Budget Amendment#4-C
12 The Board authorized the Manager to sign the lease for 308 W. Franklin Street and the lease
13 for Suite 101, Europa Center, upon final review by the County Attorney, and approve Budget
14 Amendment#4-C.
15
16 9. County Manager's Report
17 Bonnie Hammersley referred to the Information items and the Commuter Rail Update,
18 which was sent out by Commissioner Marcoplos. She said GoTriangle staff is willing to give a
19 presentation to the Board, if the Board so chooses.
20 Bonnie Hammersley said the Board's annual retreat is on Friday, Jan. 241" at the Cedar
21 Grove Community Center and the Assembly of Governments meeting will be Tuesday, January
22 28t" at the Whitted Building.
23
24 10. County Attorney's Report
25 John Roberts said he previously informed the board that the Human Relations
26 Commission (HRC) was working on diversity within County advisory boards, and this work will
27 be ready for the BOCC's review soon. He said the HRC also has his draft of the anti-
28 discrimination ordinance, which will be ready for BOCC review soon.
29 Commissioner Dorosin said he has been in contact with other elected officials on other
30 boards about the anti-discrimination ordinance, and there may be an adoption of this ordinance
31 at the same time, possibly during pride month in June.
32
33 11. *Appointments
34 NONE
35
36 12. Information Items
37 Chair Rich said the BOCC has received some calls about the Broadband initiative not
38 moving fast enough. She said she has spoken to staff about this, and some areas have been
39 connected, while other areas have trees that are presenting greater problems than anticipated.
40 She said Piedmont may offer some vertical space. She said the process is still in phase one,
41 which is slower than expected, but staff is doing all it can to keep things moving.
42 Commissioner McKee said there have been more than calls, and a community meeting
43 may be held in Cedar Grove.
44 Commissioner Dorosin asked if more towers are needed.
45 Chair Rich said yes; the trees are blocking the signal.
46 Jim Northup, Chief Information Officer, said staff is looking at alternate sites, including
47 some private property offered by homeowners. He said open broadband is having difficulty
48 getting through the trees. He said there is technology that can penetrate the trees, but it is not
49 going as expected. He said there are currently about 100 people signed up.
28
1 Commissioner McKee said he has received calls inquiring why the Board paid so much
2 for this service, but is receiving so little in return thus far. He said he has told the public that full
3 payment has not yet been made, and if the agreement is not fulfilled, then full payment will not
4 be made.
5 Jim Northup said the company has invested money in addition to Orange County.
6 Commissioner McKee said the public is sometimes confused on how payment has been
7 made.
8 Jim Northup said the contract is very clear, and staff is following it. He said the first
9 customers were signed up in May 2019, and overall customer numbers are lower than the
10 company anticipated.
11 Commissioner McKee said social media has contributed negatively to this process.
12 Jim Northrup said staff is in the process of surveying the customers.
13
14 • December 10, 2019 BOCC Meeting Follow-up Actions List
15 • Tax Collector's Report— Numerical Analysis
16 • Tax Collector's Report— Measure of Enforced Collections
17 • Tax Assessor's Report— Releases/Refunds under $100
18 • Memorandum-Richard E. Whitted Front Entry Accessibility Ramp and Steps
19 • Memorandum-Broadband Initiative Pilot Project Update with Attached Service Area Map
20 • December 18, 2019 Greene Tract Facilitated Meeting Notes
21 • Memorandum-Greater Triangle Commuter Rail (GTCR) Update
22
23 13. Closed Session
24
25 A motion was made by Commissioner Greene, seconded by Commissioner Marcoplos
26 to go into closed session at 9:37 p.m. for the purpose below:
27
28 "Pursuant to G.S. § 143-318.11(a)(3) "to consult with an attorney retained by the Board in order
29 to preserve the attorney-client privilege between the attorney and the Board."
30
31 VOTE: UNANIMOUS
32
33 RECONVENE INTO REGULAR SESSION
34
35 A motion was made by Commissioner Dorosin, seconded by Commissioner McKee to
36 reconvene into regular session at 10:05 p.m.
37
38 Adjournment
39
40 A motion was made by Commissioner Dorosin, seconded by Commissioner McKee to
41 adjourn the meeting at 10:05 p.m.
42
43 VOTE: UNANIMOUS
44
45
46 Penny Rich, Chair
47
48 Donna Baker
49 Clerk to the Board